Title 16, ConservationRelease 119-73not60
§459a–3 Migratory Bird Refuges Not to Be Affected
Title 16 › Chapter 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter LXIII— NATIONAL SEASHORE RECREATIONAL AREAS › § 459a–3
Summary
Lands and waters that were part of a migratory bird refuge on or after August 17, 1937 and lie inside the national seashore must stay refuges to protect migratory birds. They are also part of the seashore; the Park Service will manage recreation there so it does not conflict with refuge purposes under jointly approved rules, and the Secretary of Agriculture may buy land for refuges with funds provided by law.
Full Legal Text
Title 16, §459a–3
Conservation, Source: USLM XML via OLRC
Notwithstanding any other provisions of sections 459 to 459a–3 of this title, lands and waters on or after August 17, 1937, included in any migratory bird refuge under the jurisdiction of the Secretary of Agriculture, within the boundaries of the national seashore recreational area as designated by the Secretary of the Interior under section 459 of this title, shall continue as such refuge under the jurisdiction of the Secretary of Agriculture for the protection of migratory birds, but such lands and waters shall be a part of the aforesaid national seashore recreational area and shall be administered by the National Park Service for recreational uses not inconsistent with the purposes of such refuge under such rules and regulations as the Secretaries of the Interior and Agriculture may jointly approve. The proviso to section 459 of this title shall not limit the power of the Secretary of Agriculture to acquire lands for any migratory bird refuge by purchase with any funds made available therefor by applicable law.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Change of Name
Words “national seashore recreational area” substituted in text for “national seashore” pursuant to act June 29, 1940.
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. Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
Reference
Citations & Metadata
Citation
16 U.S.C. § 459a–3
Title 16, Conservation
Last Updated
Apr 5, 2026
Release point: 119-73not60