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Title 16 — ConservationRelease 119-73

§450y–3 Construction of fences

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LXI— - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS › § 450y–3

Last updated Apr 6, 2026|Official source

Summary

Fences are not allowed inside the memorial area, except in three places: along the international boundary, next to memorial or approach roads, and around spots where the National Park Service has built improvements. Roads the Park Service builds must have cattle underpasses in the right places. Water already developed for watering livestock stays with the current users and their heirs or successors as long as it is used only for that. Nothing in sections 450y to 450y–4 changes Arizona’s water rights or its control over water. The Park Service may not build roads or public campgrounds in the south half of the southwest quarter of section 10.

Full Legal Text

Title 16, §450y–3

Conservation — Source: USLM XML via OLRC

In the administration of the memorial area the Secretary shall not permit the construction of fences except (a) along the international boundary, (b) beside memorial roads or approach roads, and (c) around memorial areas within which improvements have been located by the National Park Service: Provided, That any roads constructed within the memorial area by the National Park Service shall include necessary cattle underpasses properly located for the passage of cattle across such roads: And provided further, That the right to the exclusive beneficial consumptive use for stock watering purposes of any water heretofore developed or used for such purposes within the memorial area shall remain in the present holders thereof, their heirs, assigns, successors, and administrators, so long as such water continues to be used exclusively for such purposes: And provided further, That nothing in sections 450y to 450y–4 of this title shall be construed to alter or affect any water right in the State of Arizona or the jurisdiction of said State over its waters: And provided further, That neither roads nor public campgrounds shall be constructed by the National Park Service within the south half southwest quarter of said section 10.

Legislative History

Notes & Related Subsidiaries

Executive Documents

Transfer of Functions

For

Transfer of Functions

of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

16 U.S.C. § 450y–3

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73