Title 16ConservationRelease 119-73

§460iii–5 Other laws and administrative provisions

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER CXX— - MORLEY NELSON SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA › § 460iii–5

Last updated Apr 6, 2026|Official source

Summary

Keeps other federal laws and protections in place for the conservation area. The Endangered Species Act and the National Trails System Act still apply. Laws that usually apply to public lands — for example the National Historic Preservation Act, the Archaeological Resources Protection Act of 1979, and the Native American Graves Protection and Repatriation Act — still apply unless this subchapter says otherwise. It does not by itself change the status of any land that was not managed by the Bureau of Land Management on August 4, 1993. The Secretary may hire qualified people to grow plants or seeds on public lands in the area to help restore vegetation, as allowed by the management plan. Says the lands in the Snake River Birds of Prey Natural Area (established in October 1971 by Public Land Order 5133) were studied and are not suitable for wilderness under section 1782 of title 43, so they are released from further management under section 1782(c) and will be managed under other laws, including this subchapter. Public Land Orders 5133 (October 12, 1971) and 5777 (November 21, 1980) are revoked, except as noted below. The United States is part of a court case about Snake River water rights, so this subchapter does not create any new reservation of water or water rights. It does not reduce or give up any water rights the United States held or claimed on or before August 4, 1993. The Secretary and other U.S. officials must take all steps needed to protect United States water claims in the Snake River case now pending in the district court of Idaho where the United States is joined under section 666 of title 43.

Full Legal Text

Title 16, §460iii–5

Conservation — Source: USLM XML via OLRC

(a)(1)Nothing in this subchapter shall be construed to supersede, limit, or otherwise affect administration and enforcement of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or to limit the applicability of the National Trails System Act [16 U.S.C. 1241 et seq.] to any lands within the conservation area.
(2)Except as otherwise specifically provided in this subchapter, nothing in this subchapter shall be construed as limiting the applicability to lands in the conservation area of laws applicable to public lands generally, including but not limited to the National Historic Preservation Act,11 See References in Text note below. the Archaeological Resources Protection Act of 1979 [16 U.S.C. 470aa et seq.], or the Native American Graves Protection and Repatriation Act [25 U.S.C. 3001 et seq.].
(3)Nothing in this subchapter shall be construed as by itself altering the status of any lands that on August 4, 1993, were not managed by the Bureau of Land Management.
(4)Nothing in this subchapter shall be construed as prohibiting the Secretary from engaging qualified persons to use public lands within the conservation area for the propagation of plants (including seeds) to be used for vegetative enhancement of the conservation area in accordance with the plan and in furtherance of the purposes for which the conservation area is established.
(b)The Congress finds and directs that the public lands within the Snake River Birds of Prey Natural Area established as a natural area in October 1971 by Public Land Order 5133 have been adequately studied and found unsuitable for wilderness designation pursuant to section 1782 of title 43. Such lands are hereby released from further management pursuant to section 1782(c) of title 43 and shall be managed in accordance with other applicable provisions of law, including this subchapter.
(c)Public Land Orders 5133 dated October 12, 1971, and 5777 dated November 21, 1980, issued by the Secretary are hereby revoked subject to subsections (d)(3) and (d)(4).
(d)(1)The Congress finds that the United States is currently a party in an adjudication of rights to waters of the Snake River, including water rights claimed by the United States on the basis of the reservation of lands for purposes of conservation of fish and wildlife and that consequently there is no need for this subchapter to effect a reservation by the United States of rights with respect to such waters in order to fulfill the purposes for which the conservation area is established.
(2)Nothing in this subchapter or any action taken pursuant thereto shall constitute either an expressed or implied reservation of water or water rights for any purpose.
(3)Nothing in this subchapter shall be construed as effecting a relinquishment or reduction of any of the water rights held or claimed by the United States within the State of Idaho or elsewhere on or before August 4, 1993.
(4)The Secretary and all other officers of the United States shall take all steps necessary to protect all water rights claimed by the United States in the Snake River adjudication now pending in the district court of the State of Idaho in which the United States is joined under section 666 of title 43.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Endangered Species Act of 1973, referred to in subsec. (a)(1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1531 of this title and Tables. The National Trails System Act, referred to in subsec. (a)(1), is Pub. L. 90–543, Oct. 2, 1968, 82 Stat. 919, which is classified generally to chapter 27 (§ 1241 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1241 of this title and Tables. The National Historic Preservation Act, referred to in subsec. (a)(2), is Pub. L. 89–665, Oct. 15, 1966, 80 Stat. 915, which was classified generally to subchapter II (§ 470 et seq.) of chapter 1A of this title. The Act, except for section 1, was repealed and restated in division A (§ 300101 et seq.) of subtitle III of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. The Archaeological Resources Protection Act of 1979, referred to in subsec. (a)(2), is Pub. L. 96–95, Oct. 31, 1979, 93 Stat. 721, which is classified generally to chapter 1B (§ 470aa et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 470aa of this title and Tables. The Native American Graves Protection and Repatriation Act, referred to in subsec. (a)(2), is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified principally to chapter 32 (§ 3001 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see

Short Title

note set out under section 3001 of Title 25 and Tables.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460iii–5

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73