
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: 16USC410mm-1]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
               SUBCHAPTER LIX-K--GREAT BASIN NATIONAL PARK
 
Sec. 410mm-1. Administration


(a) Laws governing; conservation and protection of resources

    The Secretary shall administer the park in accordance with this 
subchapter and with the provisions of law generally applicable to units 
of the national park system, including sections 1, 2, 3, and 4 of this 
title. The Secretary shall protect, manage, and administer the park in 
such manner as to conserve and protect the scenery, the natural, 
geologic, historic, and archaeological resources of the park, including 
fish and wildlife and to provide for the public use and enjoyment of the 
same in such a manner as to perpetuate these qualities for future 
generations.

(b) Fishing

    The Secretary shall permit fishing on lands and waters under his 
jurisdiction within the park in accordance with the applicable laws of 
the United States and the State of Nevada, except that he may designate 
zones where, and periods when, no fishing may be permitted for reasons 
of public safety. Except in emergencies, any regulations prescribing 
such restrictions relating to fishing, shall be put into effect only 
after consultation with the appropriate State agency having jurisdiction 
over fishing activities.

(c) Preparation of management plan; submission to Congress; amendment of 
        plan

    After notice and opportunity for public hearing, the Secretary shall 
prepare a management plan for the park. The Secretary shall submit such 
plan to the Committee on Interior and Insular Affairs of the United 
States House of Representatives and with the Committee on Energy and 
Natural Resources of the United States Senate within three years after 
October 27, 1986. Such plan may be amended from time to time. The plan 
shall include, but not be limited to, provisions related to grazing 
within the park to the extent permitted under subsection (e) of this 
section and provisions providing for the appropriate management of fish 
and wildlife and fishing within the park in accordance with subsection 
(b) of this section. Such provisions shall be adopted only after 
consultation with the appropriate State agency having jurisdiction over 
fish and wildlife.

(d) Withdrawal of lands from mining and mineral leasing

    Subject to valid existing rights, Federal lands and interests 
therein, within the park, are withdrawn from disposition under the 
public lands laws and from entry or appropriation under the mining laws 
of the United States, from the operation of the mineral leasing laws of 
the United States, and from operation of the Geothermal Steam Act of 
1970, as amended [30 U.S.C. 1001 et seq.].

(e) Grazing

    Subject to such limitations, conditions, or regulations as he may 
prescribe, the Secretary may permit grazing on lands within the park to 
the same extent as was permitted on such lands as of July 1, 1985. 
Grazing within the park shall be administered by the National Park 
Service.

(f) Exchange of park grazing allotment for grazing allotment outside 
        park

                            (1) Exchanges

        At the request of the permittee, or at the initiative of the 
    Secretary, negotiations may take place at any time with holders of 
    valid existing grazing permits and grazing leases on land within the 
    park, for an exchange of all or part of their grazing allotments for 
    allotments outside the park. No such exchange shall take place if, 
    in the opinion of the affected Federal land management agency, the 
    exchange would result in overgrazing of Federal lands.

                     (2) Acquisition by donation

        (A) In general

            The Secretary may acquire by donation valid existing permits 
        and grazing leases authorizing grazing on land in the park.

        (B) Termination

            The Secretary shall terminate a grazing permit or grazing 
        lease acquired under subparagraph (A) so as to end grazing 
        previously authorized by the permit or lease.

(g) Water-related range improvements

    Existing water-related range improvements inside the park may be 
maintained by the Secretary or the persons benefitting from them, 
subject to reasonable regulation by the Secretary.

(h) Reservation to United States of new express or implied water or 
        water-related right not established; exception

    Nothing in this subchapter shall be construed to establish a new 
express or implied reservation to the United States of any water or 
water-related right with respect to the land described in section 410mm 
of this title: Provided, That the United States shall be entitled to 
only that express or implied reserved water right which may have been 
associated with the initial establishment and withdrawal of Humboldt 
National Forest and the Lehman Caves National Monument from the public 
domain with respect to the land described in section 410mm of this 
title. No provision of this subchapter shall be construed as authorizing 
the appropriation of water, except in accordance with the substantive 
and procedural law of the State of Nevada.

(i) Cooperative agreements with Federal and other agencies; 
        interpretation of Great Basin physiographic region

    In order to encourage unified and cost-effective interpretation of 
the Great Basin physiographic region, the Secretary is authorized and 
encouraged to enter into cooperative agreements with other Federal, 
State, and local public departments and agencies providing for the 
interpretation of the Great Basin physiographic region. Such agreements 
shall include, but not be limited to, authority for the Secretary to 
develop and operate interpretive facilities and programs on lands and 
waters outside of the boundaries of such park, with the concurrence of 
the owner or administrator thereof.

(Pub. L. 99-565, Sec. 3, Oct. 27, 1986, 100 Stat. 3182; Pub. L. 104-134, 
title I, Sec. 101(c) [title III, Sec. 319], Apr. 26, 1996, 110 Stat. 
1321-156, 1321-203; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 
2, 1996, 110 Stat. 1327.)

                       References in Text

    The public lands laws, referred to in subsec. (d), are classified 
generally to Title 43, Public Lands.
    The mining laws and the mineral leasing laws of the United States, 
referred to in subsec. (d), are classified generally to Title 30, 
Mineral Lands and Mining.
    The Geothermal Steam Act of 1970, as amended, referred to in subsec. 
(d), is Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, which is 
classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 1001 of Title 30 and Tables.


                               Amendments

    1996--Subsec. (e). Pub. L. 104-134, Sec. 101(c) [title III, 
Sec. 319(1)], substituted ``may permit'' for ``shall permit'' in first 
sentence.
    Subsec. (f). Pub. L. 104-134, Sec. 101(c) [title III, Sec. 319(2)], 
designated existing provisions as par. (1), inserted heading, 
substituted ``grazing permits and grazing leases'' for ``grazing 
permits'', and added par. (2).

                         Change of Name

    Committee on Interior and Insular Affairs of the House of 
Representatives changed to Committee on Natural Resources of the House 
of Representatives on Jan. 5, 1993, by House Resolution No. 5, One 
Hundred Third Congress. Committee on Natural Resources of House of 
Representatives treated as referring to Committee on Resources of House 
of Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.
