Title 16, ConservationRelease 119-73not60

§539m–9 Construction

Title 16 › Chapter 2— NATIONAL FORESTS › Subchapter I— ESTABLISHMENT AND ADMINISTRATION › § 539m–9

Last updated Apr 5, 2026|Official source

Summary

Only the rights and interests listed in sections 539m to 539m–12 are recognized. No other rights, duties, or obligations are created by implication. Any valid private property rights tied to private land in the Area on February 20, 2003 that are not covered by those sections are left unchanged. Those rights are not affected by sections 539m to 539m–12, and the Pueblo may not use the authority in section 539m–3(a)(3)(A) to stop the exercise of those private rights. The rights created for the National Forest System here are meant only to resolve the Pueblo’s claim and the particular local situation and cannot be treated as a precedent for other National Forest matters. Except as allowed by section 539m–6(b)(2)(B), nothing in sections 539m to 539m–12 changes New Mexico’s responsibilities over fish and wildlife, including rules for hunting, fishing, or trapping inside the Area.

Full Legal Text

Title 16, §539m–9

Conservation, Source: USLM XML via OLRC

(a)Sections 539m to 539m–12 of this title recognize only enumerated rights and interests, and no additional rights, interests, obligations, or duties shall be created by implication.
(b)To the extent there exist within the Area as of February 20, 2003, any valid private property rights associated with private land that are not otherwise addressed in sections 539m to 539m–12 of this title, such rights are not modified or otherwise affected by sections 539m to 539m–12 of this title, nor is the exercise of any such right subject to the Pueblo’s right to withhold consent to new uses in the Area as set forth in section 539m–3(a)(3)(A) of this title.
(c)The provisions of sections 539m to 539m–12 of this title creating certain rights and interests in the National Forest System are uniquely suited to resolve the Pueblo’s claim and the geographic and societal situation involved, and shall not be construed as precedent for any other situation involving management of the National Forest System.
(d)Except as provided in section 539m–6(b)(2)(B) of this title, nothing in sections 539m to 539m–12 of this title shall be construed as affecting the responsibilities of the State of New Mexico with respect to fish and wildlife, including the regulation of hunting, fishing, or trapping within the Area.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Sections 539m to 539m–12 of this title, referred to in text, was in the original “this title”, meaning title IV of div. F of Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m–12 of this title. For complete classification of title IV to the Code, see

Short Title

note set out under section 539m of this title and Tables. Codification Section is comprised of section 411 of div. F of Pub. L. 108–7. Subsec. (e) of section 411 of div. F of Pub. L. 108–7 amended section 1746 of Title 43, Public Lands.

Reference

Citations & Metadata

Citation

16 U.S.C. § 539m–9

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60