16 U.S.C. § 410mm–1: Administration

Summary

The Secretary must run and protect the park like other national parks. The park must be managed to conserve its scenery, natural, geologic, historic, and archaeological resources, including fish and wildlife, while also letting the public enjoy the park now and in the future. Fishing is allowed under federal and Nevada law, but the Secretary may set no-fishing zones or times for safety; except in emergencies, any fishing closures must be made only after talking with the proper State agency. After public notice and a hearing, the Secretary must write a management plan and send it to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources within three years after October 27, 1986. The plan can be changed later and must cover grazing and fish and wildlife rules; rules about fish and wildlife must be adopted only after consulting the State agency in charge. Federal lands in the park cannot be claimed for public land entry, new mining claims, mineral leasing, or geothermal development, except for existing valid rights. Grazing that was allowed on July 1, 1985 may continue under National Park Service rules, and grazing permits can be exchanged for outside allotments only if it won’t cause overgrazing. The Secretary may accept donated grazing permits and then end the grazing. Existing water-related range improvements may be maintained under reasonable rules. The law does not create new federal water rights beyond any rights tied to the original creation of Humboldt National Forest and Lehman Caves National Monument, and it does not let the federal government take water except under Nevada law. The Secretary may also make cooperative agreements with federal, State, and local agencies to interpret the Great Basin region and, with owners’ permission, run interpretive programs and facilities outside the park.

Title 16, §410mm–1

Conservation, Source: USLM XML via OLRC

(a)Laws governing; conservation and protection of resources

The Secretary shall administer the park in accordance with this subchapter and with the provisions of law generally applicable to units of the national park system, including the Act entitled “An Act to establish a National Park Service, and for other purposes,” approved August 26, 1916 (39 Stat. 535; 16 U.S.C. 1–4). The Secretary shall protect, manage, and administer the park in such manner as to conserve and protect the scenery, the natural, geologic, historic, and archaeological resources of the park, including fish and wildlife and to provide for the public use and enjoyment of the same in such a manner as to perpetuate these qualities for future generations.

(b)Fishing

The Secretary shall permit fishing on lands and waters under his jurisdiction within the park in accordance with the applicable laws of the United States and the State of Nevada, except that he may designate zones where, and periods when, no fishing may be permitted for reasons of public safety. Except in emergencies, any regulations prescribing such restrictions relating to fishing, shall be put into effect only after consultation with the appropriate State agency having jurisdiction over fishing activities.

(c)Preparation of management plan; submission to Congress; amendment of plan

After notice and opportunity for public hearing, the Secretary shall prepare a management plan for the park. The Secretary shall submit such plan to the Committee on Interior and Insular Affairs of the United States House of Representatives and with the Committee on Energy and Natural Resources of the United States Senate within three years after October 27, 1986. Such plan may be amended from time to time. The plan shall include, but not be limited to, provisions related to grazing within the park to the extent permitted under subsection (e) and provisions providing for the appropriate management of fish and wildlife and fishing within the park in accordance with subsection (b). Such provisions shall be adopted only after consultation with the appropriate State agency having jurisdiction over fish and wildlife.

(d)Withdrawal of lands from mining and mineral leasing

Subject to valid existing rights, Federal lands and interests therein, within the park, are withdrawn from disposition under the public lands laws and from entry or appropriation under the mining laws of the United States, from the operation of the mineral leasing laws of the United States, and from operation of the Geothermal Steam Act of 1970, as amended [30 U.S.C. 1001 et seq.].

(e)Grazing

Subject to such limitations, conditions, or regulations as he may prescribe, the Secretary may permit grazing on lands within the park to the same extent as was permitted on such lands as of July 1, 1985. Grazing within the park shall be administered by the National Park Service.

(f)Exchange of park grazing allotment for grazing allotment outside park

(1)Exchanges

At the request of the permittee, or at the initiative of the Secretary, negotiations may take place at any time with holders of valid existing grazing permits and grazing leases on land within the park, for an exchange of all or part of their grazing allotments for allotments outside the park. No such exchange shall take place if, in the opinion of the affected Federal land management agency, the exchange would result in overgrazing of Federal lands.

(2)Acquisition by donation

(A)In general

The Secretary may acquire by donation valid existing permits and grazing leases authorizing grazing on land in the park.

(B)Termination

The Secretary shall terminate a grazing permit or grazing lease acquired under subparagraph (A) so as to end grazing previously authorized by the permit or lease.

(g)Water-related range improvements

Existing water-related range improvements inside the park may be maintained by the Secretary or the persons benefitting from them, subject to reasonable regulation by the Secretary.

(h)Reservation to United States of new express or implied water or water-related right not established; exception

Nothing in this subchapter shall be construed to establish a new express or implied reservation to the United States of any water or water-related right with respect to the land described in section 410mm of this title: Provided, That the United States shall be entitled to only that express or implied reserved water right which may have been associated with the initial establishment and withdrawal of Humboldt National Forest and the Lehman Caves National Monument from the public domain with respect to the land described in section 410mm of this title. No provision of this subchapter shall be construed as authorizing the appropriation of water, except in accordance with the substantive and procedural law of the State of Nevada.

(i)Cooperative agreements with Federal and other agencies; interpretation of Great Basin physiographic region

In order to encourage unified and cost-effective interpretation of the Great Basin physiographic region, the Secretary is authorized and encouraged to enter into cooperative agreements with other Federal, State, and local public departments and agencies providing for the interpretation of the Great Basin physiographic region. Such agreements shall include, but not be limited to, authority for the Secretary to develop and operate interpretive facilities and programs on lands and waters outside of the boundaries of such park, with the concurrence of the owner or administrator thereof.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act entitled “An Act to establish a National Park Service, and for other purposes,” approved August 26, 1916 (39 Stat. 535; 16 U.S.C. 1–4), referred to in subsec. (a), means act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted section 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and section 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 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 Geothermal Steam Act of 1970, as amended, referred to in subsec. (d), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566, which is classified principally to chapter 23 (§ 1001 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see

Short Title

note set out under section 1001 of Title 30 and Tables.

Amendments

1996—Subsec. (e). Pub. L. 104–134, § 101(c) [title III, § 319(1)], substituted “may permit” for “shall permit” in first sentence. Subsec. (f). Pub. L. 104–134, § 101(c) [title III, § 319(2)], designated existing provisions as par. (1), inserted heading, substituted “grazing permits and grazing leases” for “grazing permits”, and added par. (2).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.

§410mm–1 Administration