Joint resolution providing for Federal participation in preserving the Tule elk population in California.
PL 94-389 (H.J.Res.738), enacted 08/14/1976

PUBLIC LAW 94-389—AUG. 14, 1976 
90 STAT. 1189 
Public Law 94-389 
94th Congress 
Joint Resolution 
Providing for Federal participation in preserving the Tule elk population in 
California. 
Whereas, although Tule elk once roamed the central valleys of Cali-
fornia in vast numbers, the species became nearly extinct during the 
latter part of the last century as a result of its native habitat being 
developed for agricultural purposes and urban growth; and 
Whereas, although around 1870 the Tule elk population reached a low 
of approximately thirty animals, through the dedicated efforts of 
various citizen groups and individual cattlemen, the population has 
slowly recovered to a total of approximately six hundred animals, 
the majority of which may be found in free-roaming herds in the 
Owens Valley, at Cache Creek in Colusa County, California, a small 
number which are captive in the Tupman Refuge in Vern County, 
California; and 
Whereas in 1971 the California Legislature, recognizing the threat 
to the Tule elk as a species, amended section 332 and enacted section 
3951 of the Fish and Game Code which provide for the encourage-
ment of a statewide population of Tule elk of not less than two 
thousand, if suitable areas can be found in California to accom-
modate such population in a healthy environment, and further fixed 
the population of the Tule elk in the Owens Vallev at four hundred 
and ninety animals, or such greater number as might thereafter be 
determined by the California Department of Fish and Game, in 
accordance with game management principles, to be the Owens 
Valley holding capacity; and 
Whereas the Tule elk is considered by the Department of the Interior 
to be a rare, though not endangered, species by reason of the steps 
taken by the State of California; and 
Whereas the protection and maintenance of California's Tule elk in 
a free and wild state is of educational, scientific, and esthetic value 
to the people of the United States; and 
Whereas there are Federal lands in the State of California (includ-
ing, but not limited to, the San Luis National Wildlife Refuge, 
the Point Reyes National Seashore, various national forests and 
national parks, and Bureau of Land Management lands located in 
central California, as well as lands under the jurisdiction of the 
Secretary of Defense such as Camp Pendleton, Camp Roberts, and 
Camp Hunter Liggett) which, together with adjacent lands in public 
and private ownership, offer a potential for increasing the Tule 
elk population in California to the two thousand level envisioned 
by the California Legislature: Now, therefore, be it 
Resolved hy the Senate and House of Representatives of the United, 
States of America in Congress assembled^ That it is the sense of 
Congress that the restoration and conservation of a Tule elk ponn-
lation in California of at least two thousand, except that the number 
of Tule elk in the Owens River Watershed area shall at no time exceed 
four hundred and ninety or such greater number which is determined 
by the State of California to be the maximum holding capacity of 
such area, is an appropriate national goal. 
Aug. 14, 1976 
[H.J. Res. 738] 
California. 
Tule elk 
population, 
preservation. 
16 use 673d. 
90 STAT. 1190 
PUBLIC LAW 94-389—AUG. 14, 1976 
Cooperation. 
16 use 673e. 
Report to 
Congress. 
16 use 673f. 
Tule elk 
restoration and 
conservation 
plan. 
16 use 673g. 
SEC. 2. The Secretary of the Interior, the Secretary of Agriculture, 
and the Secretary of Defense shall cooperate with the State of Cali-
fornia in making the lands under their respective jurisdictions reason-
ably available for the preservation and grazing of Tule elk in such 
manner and to such extent as may be consistent with Federal law. 
SEC. 3. The Secretary of the Interior shall submit, on or before the 
first of March of each year, a report to the Congress as to the estimated 
size and condition of the various Tule elk herds in California and 
the nature and condition of their respective habitats. The Secretary 
shall include in such report his determination as to whether or not the 
preservation of the Tule elk herd at its then-existing level is, or may 
be, endangered or threatened hj actual or proposed changes in land 
use or land management practices on lands owned by any Federal, 
State, or local agency, together with his recommendations as to what 
Federal actions, if any, should be taken in order to preserve the Tule 
elk herds at the then-existing level or such other level as may be 
determined from time to time by the State of California. 
SEC. 4. The Secretary of the Interior, in coordination with all Fed-
eral, State, and other officers having jurisdiction over lands on which 
Tule elk herds are located or lands which would provide suitable Tule 
elk habitat, shall develop a plan for Tule elk restoration and conserva-
tion, including habitat management, which shall be integrated with the 
comparable plans of State and local authorities in California. The 
Secretary's annual report to Congress shall describe the development 
and implementation of such plan. 
Approved August 14, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-895 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORT No. 94-1120 (Comm. on Commerce). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Mar. 15, considered and passed House. 
' " 
Aug. 6, considered and passed Senate.