16 U.S.C. § 539m–9: Construction

Summary

Only the specific rights and interests spelled out in these parts are recognized. No other rights, obligations, or duties are created by implication. Any valid private property rights tied to private land in the Area on February 20, 2003 remain unchanged and are not limited by the Pueblo’s right to withhold consent to new uses there. These rules were made to settle the Pueblo’s claim and cannot be used as a rule for other National Forest management cases. Except as allowed under section 539m–6(b)(2)(B), they do not change New Mexico’s responsibilities for fish and wildlife, including hunting, fishing, or trapping in the Area.

Title 16, §539m–9

Conservation, Source: USLM XML via OLRC

(a)Strict construction

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)Existing rights

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)Not precedent

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)Fish and wildlife

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.

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.

§539m–9 Construction