16 U.S.C. § 410hhh–4: Baca National Wildlife…

Summary

The Secretary must create the Baca National Wildlife Refuge once enough land has been bought and must announce that decision in the Federal Register. The refuge’s job is to restore, improve, and care for wetlands, uplands, riverside areas, and other habitats for native plants, fish, and animals in the San Luis Valley. A map of the refuge will be kept on file and anyone can see it at the Fish and Wildlife Service offices. The Secretary must run the refuge under the rules for national wildlife refuges and the Refuge Recreation Act. Management must focus on helping migratory birds and consider how the refuge fits into larger conservation plans. For water, the Secretary must protect and keep the irrigation water rights needed to protect parks, monuments, preserves, and the refuge; try to avoid harming other water users as long as refuge resources are protected; and, except for agreements already in place on March 11, 2009, use the refuge’s decreed water rights in roughly the same way they were used in the past.

Title 16, §410hhh–4

Conservation, Source: USLM XML via OLRC

(a)Establishment and purpose

(1)Establishment

(A)In general

When the Secretary determines that sufficient land has been acquired to constitute an area that can be efficiently managed as a National Wildlife Refuge, the Secretary shall establish the Baca National Wildlife Refuge, as generally depicted on the map.

(B)Effective date

The establishment of the refuge under subparagraph (A) shall be effective upon publication of a notice of the Secretary’s determination in the Federal Register.

(2)Purpose

The purpose of the Baca National Wildlife Refuge shall be to restore, enhance, and maintain wetland, upland, riparian, and other habitats for native wildlife, plant, and fish species in the San Luis Valley.

(b)Availability of map

The map shall be on file and available for public inspection in the appropriate offices of the United States Fish and Wildlife Service.

(c)Administration

(1)In general

The Secretary shall administer all lands and interests therein acquired within the boundaries of the national wildlife refuge in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and the Act of September 28, 1962 (16 U.S.C. 460k et seq.) (commonly known as the Refuge Recreation Act).

(2)Requirements

In administering the Baca National Wildlife Refuge, the Secretary shall, to the maximum extent practicable—

(A)emphasize migratory bird conservation; and

(B)take into consideration the role of the Refuge in broader landscape conservation efforts.

(d)Protection of water resources

In administering water resources for the national wildlife refuge, the Secretary shall—

(1)protect and maintain irrigation water rights necessary for the protection of monument, park, preserve, and refuge resources and uses;

(2)minimize, to the extent consistent with the protection of national wildlife refuge resources, adverse impacts on other water users; and

(3)subject to any agreement in existence as of March 11, 2009, and to the extent consistent with the purposes of the Refuge, use decreed water rights on the Refuge in approximately the same manner that the water rights have been used historically.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Wildlife Refuge System Administration Act of 1966, referred to in subsec. (c)(1), consists of section 4 and 5 of Pub. L. 89–669, Oct. 15, 1966, 80 Stat. 927, and is classified to section 668dd and 668ee of this title. For further details, see

Short Title

note set out under section 668dd of this title. Act of September 28, 1962, referred to in subsec. (c)(1), is Pub. L. 87–714, Sept. 28, 1962, 76 Stat. 653, popularly known as the Refuge Recreation Act, which is classified generally to subchapter LXVIII (§ 460k et seq.) of this chapter.

Amendments

2009—Subsec. (a). Pub. L. 111–8, § 117(1), substituted “Establishment and purpose” for “Establishment” in heading, designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and inserted headings, substituted “The establishment of the refuge under subparagraph (A)” for “Such establishment” in subpar. (B), and added par. (2). Subsec. (c). Pub. L. 111–8, § 117(2), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (d)(3). Pub. L. 111–8, § 117(3), added par. (3).

§410hhh–4 Baca National Wildlife Refuge, Colorado