
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC410hhh-5]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
     SUBCHAPTER LIX-FF--GREAT SAND DUNES NATIONAL PARK AND PRESERVE
 
Sec. 410hhh-5. Administration of national park and preserve


(a) In general

    The Secretary shall administer the national park and the preserve in 
accordance with--
        (1) this subchapter; and
        (2) all laws generally applicable to units of the National Park 
    System, including--
            (A) sections 1, 2, 3, and 4 of this title; and
            (B) sections 461 to 467 of this title.

(b) Grazing

                 (1) Acquired State or private land

        With respect to former State or private land on which grazing is 
    authorized to occur on November 22, 2000, and which is acquired for 
    the national monument, or the national park and preserve, or the 
    wildlife refuge, the Secretary, in consultation with the lessee, may 
    permit the continuation of grazing on the land by the lessee at the 
    time of acquisition, subject to applicable law (including 
    regulations).

                          (2) Federal land

        Where grazing is permitted on land that is Federal land as of 
    November 22, 2000, and that is located within the boundaries of the 
    national monument or the national park and preserve, the Secretary 
    is authorized to permit the continuation of such grazing activities 
    unless the Secretary determines that grazing would harm the 
    resources or values of the national park or the preserve.

                      (3) Termination of leases

        Nothing in this subsection shall prohibit the Secretary from 
    accepting the voluntary termination of leases or permits for grazing 
    within the national monument or the national park or the preserve.

(c) Hunting, fishing, and trapping

                           (1) In general

        Except as provided in paragraph (2), the Secretary shall permit 
    hunting, fishing, and trapping on land and water within the preserve 
    in accordance with applicable Federal and State laws.

                    (2) Administrative exceptions

        The Secretary may designate areas where, and establish limited 
    periods when, no hunting, fishing, or trapping shall be permitted 
    under paragraph (1) for reasons of public safety, administration, or 
    compliance with applicable law.

                        (3) Agency agreement

        Except in an emergency, regulations closing areas within the 
    preserve to hunting, fishing, or trapping under this subsection 
    shall be made in consultation with the appropriate agency of the 
    State of Colorado having responsibility for fish and wildlife 
    administration.

                         (4) Savings clause

        Nothing in this subchapter affects any jurisdiction or 
    responsibility of the State of Colorado with respect to fish and 
    wildlife on Federal land and water covered by this subchapter.

(d) Closed Basin Division, San Luis Valley Project

    Any feature of the Closed Basin Division, San Luis Valley Project, 
located within the boundaries of the national monument, national park or 
the national wildlife refuge, including any well, pump, road, easement, 
pipeline, canal, ditch, power line, power supply facility, or any other 
project facility, and the operation, maintenance, repair, and 
replacement of such a feature--
        (1) shall not be affected by this subchapter; and
        (2) shall continue to be the responsibility of, and be operated 
    by, the Bureau of Reclamation in accordance with title I of the 
    Reclamation Project Authorization Act of 1972 (43 U.S.C. 615aaa et 
    seq.).\1\
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    \1\ See References in Text note below.
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(e) Withdrawal

    (1) On November 22, 2000, subject to valid existing rights, all 
Federal land depicted on the map as being located within Zone A, or 
within the boundaries of the national monument, the national park or the 
preserve is withdrawn from--
        (A) all forms of entry, appropriation, or disposal under the 
    public land laws;
        (B) location, entry, and patent under the mining laws; and
        (C) disposition under all laws relating to mineral and 
    geothermal leasing.

    (2) The provisions of this subsection also shall apply to any 
lands--
        (A) acquired under this subchapter; or
        (B) transferred from any Federal agency after November 22, 2000, 
    for the national monument, the national park or preserve, or the 
    national wildlife refuge.

(f) Wilderness protection

    (1) Nothing in this subchapter alters the Wilderness designation of 
any land within the national monument, the national park, or the 
preserve.
    (2) All areas designated as Wilderness that are transferred to the 
administrative jurisdiction of the National Park Service shall remain 
subject to the Wilderness Act (16 U.S.C. 1131 et seq.) and the Colorado 
Wilderness Act of 1993 (Public Law 103-77; 16 U.S.C. 539i note). If any 
part of this subchapter conflicts with the provisions of the Wilderness 
Act or the Colorado Wilderness Act of 1993 with respect to the 
wilderness areas within the preserve boundaries, the provisions of those 
Acts shall control.

(Pub. L. 106-530, Sec. 7, Nov. 22, 2000, 114 Stat. 2530.)

                       References in Text

    The Reclamation Project Authorization Act of 1972, referred to in 
subsec. (d)(2), is Pub. L. 92-514, Oct. 20, 1972, 86 Stat. 964, as 
amended. Title I of the Act was classified generally to subchapter XXXI 
(Sec. 615aaa et seq.) of chapter 12 of Title 43, Public Lands, prior to 
its omission from the Code. See Codification notes under sections 615aaa 
to 615iii of Title 43.
    The public land laws, referred to in subsec. (e)(1)(A), are 
classified generally to Title 43, Public Lands.
    The mining laws, referred to in subsec. (e)(1)(B), are classified 
generally to Title 30, Mineral Lands and Mining.
    The mineral leasing laws, referred to in subsec. (e)(1)(C), are 
classified generally to Title 30, Mineral Lands and Mining.
    Geothermal leasing laws, referred to in subsec. (e)(1)(C), are 
classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30, 
Mineral Lands and Mining.
    The Wilderness Act, referred to in subsec. (f)(2), is Pub. L. 88-
577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified 
generally to chapter 23 (Sec. 1131 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1131 of this title and Tables.
    The Colorado Wilderness Act of 1993, referred to in subsec. (f)(2), 
is Pub. L. 103-77, Aug. 13, 1993, 107 Stat. 756. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 539i of this title and Tables.
