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Title 16, ConservationRelease 119-102

§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

Last updated Aug 21, 2026|Official source

Summary

Lands and waters that were part of a migratory bird refuge on or after August 17, 1937, and that lie inside a national seashore created by the Interior Secretary must remain bird refuges under the control of the Agriculture Secretary. Those areas are also part of the national seashore and the National Park Service will manage recreational use there, as long as the recreation does not conflict with protecting the birds and follows rules both the Interior and Agriculture Secretaries approve. A prior limit in the law does not stop the Agriculture Secretary from buying land for migratory bird refuges using 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

Aug 21, 2026

Release point: 119-102