(a)
In general— The
Preserve shall be administered by the
Secretary in accordance with
sections 698q to 698t of this title and in accordance with the laws generally applicable to
units of the
National Park System,
including—
(1)
the Act entitled “An Act to establish a
National Park Service, and for other purposes”, approved August 25, 1916 (
16 U.S.C. 1 et seq.);
1 and
(2)
the Act entitled “An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes”, approved August 21, 1935 (
16 U.S.C. 461 et seq.).
1
(b)
Hunting and fishing—
(1)
In general— Subject to paragraphs
(2) and
(3), the
Secretary shall permit hunting, trapping, and
fishing on lands and waters under the jurisdiction of the
Secretary within the
Preserve in accordance with applicable Federal and
State laws.
(2)
Time and place restrictions— Subject to such terms and conditions as the
Secretary considers necessary in furtherance of
sections 698q to 698t of this title, and after consultation with the Department of
Conservation and Natural
Resources of the
State of Alabama and
owners of lands adjacent to the
Preserve, the
Secretary may designate zones where, and establish periods when, the activities described in
paragraph (1) will not be permitted within the
Preserve for reasons of public safety, administration, fish and wildlife habitat, or public use and enjoyment.
(3)
Restrictions in boundary areas— After consultation with the Department of
Conservation and Natural
Resources of the
State of Alabama and with the
owners of lands adjacent to the
Preserve, the
Secretary may restrict hunting in
areas within the
Preserve that are adjacent to the boundaries of the
Preserve where the restriction is necessary or appropriate to protect public safety.
(4)
Congressional intent— Nothing in
sections 698q to 698t of this title is intended to affect the jurisdiction or responsibilities of the
State of Alabama with respect to fish and wildlife.
(c)
Water resources projects— Subsection (a) of
section 1278 of this title shall apply to that portion of the Little River that flows through the
Preserve in the same manner and to the same extent as such subsection applies to the rivers referred to in such subsection. The application of such subsection to the
Preserve shall not affect any determination of the value of the lands, waters, or interests in lands and waters within the boundaries of the
Preserve.
(d)
Cooperative agreements with State—
(1)
Law enforcement and fire prevention— In administering the
Preserve, the
Secretary may enter into cooperative agreements with the
State of Alabama, or any political
subdivision of the
State, for the rendering
of—
(A)
rescue, fire fighting, and law enforcement services; and
(B)
cooperative assistance by law enforcement and fire preventive agencies located in the vicinity of the
Preserve.
(2)
Preparation of management plan— To facilitate the purposes of this section, the
Secretary may enter into cooperative agreements with the
State of Alabama and directly affected political
subdivisions of the
State to provide professional assistance in the preparation of the
management plan for the
Preserve.
(e)
DeSoto State Park— If lands within DeSoto
State Park are acquired by the
Secretary, at the request of the Department of
Conservation and Natural
Resources of the
State of Alabama, the
Secretary shall enter into a cooperative agreement with the Department for the continued management by the Department of the lodge and other facilities that, as of October 21, 1992, are part of DeSoto
State Park. The cooperative agreement shall provide for the management and operation of the lodge and facilities in a manner that, to the maximum extent practicable, is consistent with similar operations elsewhere in the
National Park System.
(f)
Public involvement—
(1)
Public awareness and participation program— The
Secretary shall develop and conduct a
program to promote and encourage awareness of and participation in the development of the general
management plan for the
Preserve by
persons owning property in the vicinity of the
Preserve, other interested groups and individuals,
State, county, and municipal agencies, and the general public. Prior to final approval of the plan, the
Secretary shall hold public meetings in DeKalb and Cherokee
Counties.
(2)
Consideration of public comment— In preparing and implementing the plan described in
paragraph (1), the
Secretary shall give full consideration to the views and comments of the individuals, groups, and agencies described in
paragraph (1).
(g)
Green Pitcher Plant— Upon the transfer by Alabama Power Company to the United States of any lands within the boundaries of the
Preserve that contain the Green Pitcher Plant (Sarracenia oreophila), all rights and obligations of Alabama Power Company under the agreement entered into between the company and the Department of the Interior (including the United States Fish and Wildlife Service) on May 12, 1983, in settlement of the action brought on September 24, 1980, against the
Secretary and the Director of the Fish and Wildlife Service in the United States District Court for the Northern District of Alabama (Civil Action No. CV
80–C–1242–M), shall be extinguished.
Notes, amendments, and revision history
(Pub. L. 102–427, § 3, Oct. 21, 1992, 106 Stat. 2179.)
Editorial Notes
References in Text
The Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (16 U.S.C. 1 et seq.), referred to in subsec. (a)(1), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
The Act entitled “An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes”, approved August 21, 1935 (16 U.S.C. 461 et seq.), referred to in subsec. (a)(2), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.