A bill to extend and expand the authority for carrying out conservation and rehabilitation programs on military reservations, and to authorize the implementation of such programs on certain public lands.
PL 93-452 (H.R.11537), enacted 10/18/1974

88 STAT. ] 
PUBLIC LAW 93-452-OCT. 18, 1974 
1369 
Public Law 93-452 
AN A C T 
October 18, 1974 
To extend and expand the authority for carrying out conservation and rehabili- 
[H. R. 11537] 
tation programs on military reservations, and to authorize the implementation 
of such programs on certain public lands. 
Conservation 
and rehabilitation 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Act entitled 
"An Act to promote effectual planning, development, maintenance, programTon'mVi 
and coordination of wildlife, fish and game conservation and rehabili- itary and public 
tation in military reservations", approved September 15, 1960 (16 i^""^^-
U.S.C. 670a-f), is amended— 
(1) by inserting immediately after the first sentence of the 
^^ use 670a. 
first section thereof the following new sentence: "Such coopera-
tive plan shall provide for (1) fish and wildlife habitat improve-
ments or modifications, (2) range rehabilitation where necessary 
for support of wildlife, and (3) control of off-road vehicle 
traffic. ; and 
(2) by amending section 6(b) thereof— 
1
^ ^^^ ^^°^-
(A) by amending the first sentence thereof by inserting 
immediately after "July 1, 1971," the following: "and not 
to exceed $1,500,000 for the fiscal year beginning July 1,1972, 
and for each of the next five fiscal years thereafter,"; and 
(B) by inserting immediately before the last sentence 
thereof the following new sentence: "There is authorized to 
be appropriated to the Secretary of the Interior not to exceed 
$2,000,000 for the fiscal year beginning July 1, 1973, and for 
each of the next four fiscal years thereafter to enable the 
Secretary to carry out such functions and responsibilities as 
he may have under cooperative plans to which he is a party 
under this title." 
SEC. 2. Such Act of September 15, 1960, is further amended by 
adding at the end thereof the following: 
"TITLE II—CONSERVATION PROGRAMS ON CERTAIN 
PUBLIC LAND 
"SEC. 201. (a) The Secretary of the Interior and the Secretary of 
^^ use 670g. 
Agriculture shall each, in cooperation with the State agencies and in 
accordance with comprehensive plans developed pursuant to section 
202 of this title, plan, develop, maintain, and coordinate programs for 
the conservation and rehabilitation of wildlife, fish, and game. Such 
conservation and rehabilitation programs shall include, but not be 
limited to, specific habitat improvement projects and related activities 
and adequate protection for species considered threatened or endan-
gered. 
" (b) The Secretary of the Interior shall implement the conservation 
and rehabilitation programs required under subsection (a) of this 
section on public land under his jurisdiction. The Secretary of the 
Interior shall adopt, modify, and implement the conservation and 
rehabilitation programs required under such subsection (a) on pub-
lic land under the jurisdiction of the Chairman, but only with the 
prior written approval of the Atomic Energy Commission, and on 
public land under the jurisdiction of the Administrator, but only with 
the prior written approval of the Administrator. The Secretary of 
Agriculture shall implement such conservation and rehabilitation pro-
grams on public land under his jurisdiction. 
"SEC. 202. (a)(1) The Secretary of the Interior shall develop, in 
eomprehensive 
consultation with the State agencies, a comprehensive plan for con- ^^le^usc 670h. 
1370 
PUBLIC LAW 93-452-OCT. 18, 1974 
[88 STAT. 
servation and rehabilitation programs to be implemented on public 
land under his jurisdiction and the Secretary of Agriculture shall do 
the same in connection with public land under his jurisdiction. 
"(2) The Secretary of the Interior shall develop, with the prior 
written approval of the Atomic Energy Commission, a comprehensive 
plan for conservation and rehabilitation programs to be implemented 
on public land under the jurisdiction of the Chairman and develop, 
with the prior written approval of the Administrator, a comprehensive 
plan for such programs to be implemented on public land under the 
jurisdiction of the Administrator. Each such plan shall be developed 
after the Secretary of the Interior makes, with the prior written 
approval of the Chairman or the Administrator, as the case may be, 
and in consultation with the State agencies, necessary studies and 
surveys of the land concerned to determine where conservation and 
rehabilitation programs are most needed. 
"(b) Each comprehensive plan developed pursuant to this section 
shall be consistent with any overall land use and management plans 
for the lands involved. In any case in which hunting, trapping, or 
fishing (or any combination thereof) of resident fish and wildlife is 
to be permitted on public land under a comprehensive plan, such 
hunting, trapping, and fishing shall be conducted in accordance with 
applicable laws and regulations of the State in which such land is 
located. 
Cooperative 
"(c) (1) Each Stat© agcucy may enter into a cooperative agreement 
agreemen s. 
^ . ^ j ^ 
"(A) the Secretary of the Interior with respect to those conser-
vation and rehabilitation programs to be implemented under this 
title within the State on public land which is under his 
jurisdiction; 
"(B) the Secretary of Agriculture with respect to those con-
servation and rehabilitation programs to be implemented under 
this title within the State on public land which is under his juris-
diction; and 
"(C) the Secretary of the Interior and the Chairman or the 
Administrator, as the case may be, with respect to those conser-
vation and rehabilitation programs to be implemented under this 
title within the State on public land under the jurisdiction of the 
Chairman or the Administrator; except that before entering into 
any cooperative agreement which affects public land under the 
jurisdiction of the Chairman, the Secretary of the Interior shall 
obtain the prior written approval of the Atomic Energy Com-
mission and before entering into any cooperative agreement which 
affects public lands under the jurisdiction of the Administrator, 
the Secretary of the Interior shall obtain the prior written 
approval of the Administrator. 
Conservation and rehabilitation programs developed and implemented 
pursuant to this title shall be deemed as supplemental to wildlife, fish, 
and game-related programs conducted by the Secretary of the Interior 
and the Secretary of Agriculture pursuant to other provisions of law. 
Nothing in this title shall be construed as limiting the authority of the 
Secretary of the Interior or the Secretary of Agriculture, as the case 
may be, to manage the national forests or other public lands for wild-
life and fish and other purposes in accordance with the Multiple-Use 
Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C. 528-531) or 
other applicable authority. 
"(2) Any conservation and rehabilitation program included within 
a cooperative agreement entered into under this subsection may be 
modified in a manner mutually agreeable to the State agency and the 
88 STAT. ] 
PUBLIC LAW 93-452-OCT. 18, 1974 
1371 
Secretary concerned (and the Chairman or the Administrator, as the 
case may be, if public land under his jurisdiction is involved). Before 
modifying any cooperative agreement which affects public land under 
the jurisdiction of the Chairman, the Secretary of the Interior shall 
obtain the prior written approval of the Atomic Energy Commission 
and before modifying any cooperative agreement which affects public 
land under the jurisdiction of the Administrator, the Secretary of the 
Interior shall obtain the prior written approval of the Administrator. 
" (3) Each cooperative agreement entered into under this subsection 
shall— 
"(A) specify those areas of public land within the State on 
which conservation and rehabilitation programs will be imple-
mented; 
"(B) provide for fish and wildlife habitat improvements or 
modifications, or both; 
"(C) provide for range rehabilitation where necessary for 
support of wildlife; 
"(D) provide adequate protection for fish and wildlife officially 
classified as threatened or endangered pursuant to section 4 of 
the Endangered Species Act of 1973 (16 U.S.C. 1533) or con-
sidered to be threatened, rare, or endangered by the State agency; 
"(E) require the control of off-road vehicle traffic; 
"(F) if the issuance of public land area management stamps is 
agreed to pursuant to section 203(a) of this title— 
"(i) contain such terms and conditions as are required 
under section 203(b) of this title; 
"(ii) require the maintenance of accurate records and the nnua°^rt'^^o^fs"^' 
filing of annual reports by the State agency to the Secretary ^ 
^ 
P 
• 
of the Interior or the Secretary of Agriculture, or both, as 
the case may be, setting forth the amount and disposition 
of the fees collected for such stamps; and 
"(iii) authorize the Secretary concerned and the Comp- 
Audit. 
troller General of the United States, or their authorized 
representatives, to have access to such records for purposes of 
audit and examination; and 
"(G) contain such other terms and conditions as the Secretary 
concerned and the State agency deem necessary and appropriate 
to carry out the purposes of this title. 
A cooperative agreement may also provide for arrangements under 
which the Secretary concerned may authorize officers and employees 
of the State agency to enforce, or to assist in the enforcement of, 
section 204(a) of this title. 
"(4) Except where limited under a comprehensive plan or pursuant 
Hunting and 
to cooperative agreement, hunting, fishing, and trapping shall be '^ ^"^' 
permitted with respect to resident fish and wildlife in accordance with 
applicable laws and regulations of the State in which such land is 
located on public land which is the subject of a conservation and 
rehabilitation program implemented under this title. 
" (5) The Secretary of the Interior and the Secretary of Agriculture, 
Regulations. 
as the case may be, shall prescribe such regulations as are deemed 
necessary to control, in a manner consistent with the applicable com-
prehensive plan and cooperative agreement, the public use of public 
land which is the subject of any conservation and rehabilitation pro-
gram implemented by him under this title. 
"SEC. 203. (a) Any State agency may agree with the Secretary of 
the Interior and the Secretary of Agriculture (or with the Secretary sra'mps^' 
of the Interior or the Secretary of Agriculture, as the case may be, if 
i^ use 670i 
within the State concerned all conservation and rehabilitation pro-
Public land 
management area 
1372 
PUBLIC LAW 93-452-OCT. 18, 1974 
[88 STAT. 
grams under this title will be implemented by him) that no individual 
will be permitted to hunt, trap, or fish on any public land within the 
State which is subject to a conservation and rehabilitation program 
implemented under this title unless at the time such individual is 
engaged in such activity he has on his person a valid public land 
management area stamp issued pursuant to this section. 
Conditions. 
^^ (h) Aiij agreement made pursuant to subsection (a) of this section 
to require the issuance of public land management area stamps shall 
be subject to the following conditions: 
"(1) Such stamps shall be issued, sold, and the fees therefor 
collected, by the State agency or by the authorized agents of such 
agency. 
^°*"'^* 
"(2) Notice of the requirement to possess such stamps shall be 
displayed prominently m all places where State hunting, trap-
ping, or fishing licenses are sold. To the maximum extent prac-
ticable, the sale of such stamps shall be combined with the sale of 
such State hunting, trapping, and fishing licenses. 
"(3) Except for expenses incurred in the printing, issuing, or 
selling of such stamps, the fees collected for such stamps by the 
State agency shall be utilized in carrying out conservation and 
rehabilitation programs implemented under this title in the State 
concerned and for no other purpose. If such programs are imple-
mented by both the Secretary of the Interior and the Secretary of 
Agriculture in the State, the Secretaries shall mutually agree, on 
such basis as they deem reasonable, on the proportion of such 
fees that shall be applied by the State agency to their respective 
programs. 
" (4) The purchase of any such stamp shall entitle the purchaser 
thereof to hunt, trap, and fish on any public land within such 
State which is the subject of a conservation or rehabilitation pro-
gram implemented under this title except to the extent that the 
public use of such land is limited pursuant to a comprehensive 
plan or cooperative agreement; but the purchase of any such 
stamp shall not be construed as (A) eliminating the requirement 
for the purchase of a migratory bird hunting stamp as set forth 
in the first section of the Act of March 16,1934, commonly referred 
to as the Migratory Bird Hunting Stamp Act (16 U.S.C. 7l8a), 
or (B) relieving the purchaser from compliance with any appli-
cable State game and fish laws and regulations. 
"(5) The amount of the fee to be charged for such stamps, the 
age at which the individual is required to acquire such a stamp, 
and the expiration date for such stamps shall be mutually agreed 
upon by the State agency and the Secretary or Secretaries con-
cerned ; except that each such stamp shall be void not later than 
one year after the date of issuance. 
"(6) Each such stamp must be validated by the purchaser 
thereof by signing his name across the face of the stamp. 
"(7) Any individual to whom a stamp is sold pursuant to this 
section shall upon request exhibit such stamp for inspection to 
any officer or employee of the Department of the Interior or the 
Department of Agriculture, or to any other person who is author-
ized to enforce section 204 (a) of this title. 
re^u'^'^dyo 
"SEC. 204. (a)(1) Any person who hunts, traps, or fishes on any 
public land which is subject to a conservation and rehabilitation pro-
gram implemented under this title without having on his person a 
valid public land management area stamp, if the possession of such a 
stamp is required, shall be fined not more than $1,000, or imprisoned 
for not more than six months, or both. 
88 STAT.] 
PUBLIC LAW 93-452-OCT. 18, 1974 
1373 
"(2) Any person who knowingly violates or fails to comply with 
any regulations prescribed under section 202(c) (5) of this title shall 
be fined not more than $500, or imprisoned not more than six months, 
or both. 
"(b)(1) For the purpose of enforcing subsection (a) of this section, 
the Secretary of the Interior and the Secretary of Agriculture may 
designate any employee of their respective departments, and any State 
officer or employee authorized under a cooperative agreement to 
enforce such subsection (a), to (i) carry firearms; (ii) execute and 
serve any warrant or other process issued by a court or officer of com-
petent jurisdiction; (iii) make arrests without warrant or process for 
a misdemeanor he has reasonable grounds to believe is being com-
mitted in his presence or view; (iv) search without warrant or process 
any person, place, or conveyance as provided by law; and (v) seize 
without warrant or process any evidentiary item as provided by law. 
"(2) Upon the sworn information by a competent person, any 
United States magistrate or court of competent jurisdiction may issue 
process for the arrest of any person charged with committing any 
offense under subsection (a) of this section. 
"(3) Any person charged with committing any offense under sub-
section (a) of this section may be tried and sentenced by any United 
States magistrate designated for that purpose by the court by which 
he was appointed, in the same manner and subject to the same condi-
tions as provided for in section 3401 of title 18, United States Code. 
"(c) All guns, traps, nets, and other equipment, vessels, vehicles, and 
other means of transportation used by any person when engaged in 
committing an offense under subsection (a) of this section shall be 
subject to forfeiture to the United States and may be seized and held 
pending the prosecution of any person arrested for committing such 
offense. Upon conviction for such offense, such forfeiture may be 
adjudicated as a penalty in addition to any other provided for 
committing such offense. 
"(d) All provisions of law relating to the seizure, forfeiture, and 
condemnation of a vessel for violation of the customs laws, the dis-
position of such vessel or the proceeds from the sale thereof, and the 
remission or mitigation of such forfeitures, shall apply to the seizures 
and forfeitures incurred, or alleged to have been incurred, under the 
provisions of this section, insofar as such provisions of law are appli-
cable and not inconsistent with the provisions of this section; except 
that all powers, rights, and duties conferred or imposed by the customs 
laws upon any officer or employee of the Department of the Treasury 
shall, for the purposes of this section, be exercised or performed by 
the Secretary of the Interior or the Secretary of Agriculture, as the 
case may be, or by such persons as he may designate. 
"SEC. 205. As used in this title— 
"(1) The term 'Administrator' means the Administrator of the 
National Aeronautics and Space Administration. 
"(2) The term 'Chairman' means the Chairman of the Atomic 
Energy Commission. 
"(3) The term 'off-road vehicle' means any motorized vehicle 
designed for, or capable of, cross-country travel on or immediately 
over land, water, sand, snow, ice, marsh, swampland, or other 
natural terrain; but such term does not include— 
" (A) any registered motorboat at the option of each State; 
"(B) any military, fire, emergency, or law enforcement 
vehicle when used for emergency purposes; and 
"(C) any vehicle the use of which is expressly authorized 
by the Secretary of the Interior or the Secretary of Agri-
culture under a permit, lease, license, or contract. 
Penalties. 
Enforcement. 
Equipment and 
vessels, seizure. 
Definitions. 
16 use 670k. 
1374 
PUBLIC LAW 93-452-OCT. 18, 1974 
[88 STAT. 
16 u s e 670/. 
Indian rights. 
16 u s e 670m. 
Alaska, plans 
and programs, 
submittal to Joint 
Federal-State 
Land Use Plan-
ning Commission. 
16 u s e 670n. 
43 u s e 1616. 
Appropriation. 
16 u s e 670o. 
" (4) The term 'public land' means all lands under the respective 
jurisdiction of the Secretary of the Interior, the Secretary of 
Agriculture, the Chairman, and the Administrator, except land 
which is, or hereafter may be, within or designated as— 
"(A) a military reservation; 
"(B) a unit of the National Park System; 
"(C) an area within the national wildlife refuge system; 
"(D) an Indian reservation; or 
"(E) an area within an Indian reservation or land held 
in trust by the United States for an Indian or Indian tribe. 
"(5) The term 'State agency' means the agency or agencies of 
a State responsible for the administration of the fish and game 
laws of the State. 
"(6) The term 'conservation and rehabilitation programs' 
means to utilize those methods and procedures which are neces-
sary to protect, conserve, and enhance wildlife, fish, and game 
resources to the maximum extent practicable on public lands 
subject to this title consistent with any overall land use and man-
agement plans for the lands involved. Such methods and pro-
cedures shall include, but shall not be limited to, all activities 
associated with scientific resources management such as protection, 
research, census, law enforcement, habitat management, propaga-
tion, live trapping and transplantation, and regulated taking in 
conformance with the provisions of this title. Nothing in this 
term shall be construed as diminishing the authority or jurisdic-
tion of the States with respect to the management of resident 
species of fish, wildlife, or game, except as otherwise provided 
by law. 
"SEC. 206. Notwithstanding any other provision in this title, section 
203 of this title shall not apply to land which is, or hereafter may be, 
within or designated as Forest Service land or as Bureau of Land 
Management land of any State in which all Federal lands therein com-
prise 60 percent or more of the total area of such State; except that in 
any such State, any appropriate State agency may agree with the 
Secretary of Agriculture or the Secretary of the Interior, or both, as 
the case may be, to collect a fee as specified in such agreement at the 
point of sale of regular licenses to hunt, trap, or fish in such State, the 
proceeds of which shall be utilized in carrying out conservation and 
rehabilitation programs implemented under this title in the State 
concerned and for no other purpose. 
"SEC. 207. Nothing in this title shall enlarge or diminish or in any 
way affect (1) the rights of Indians or Indian tribes to the use of water 
or natural resources or their rights to fish, trap, or hunt wildlife as 
secured by statute, agreement, treaty. Executive order, or court decree; 
or (2) existing State or Federal jurisdiction to regulate those rights 
either on or off reservations. 
"SEC. 208. Nothing in this Act shall in any way affect the jurisdic-
tion, authority, duties, or activities of the Joint Federal-State Land 
Use Planning Commission established pursuant to section 17 of the 
Alaska Native Claims Settlement Act (85 Stat. 688). During the 
development of any cooperative plan for Alaska which may be agreed 
to under title I after the effective date of this section and of any com-
prehensive program for Alaska under title II, such Commission shall 
be given an opportunity to submit its comments on such plan or 
program. 
"SEC. 209. (a) There is authorized to be appropriated the sum of 
$10,000,000 for the fiscal year ending June 30,1974, and for each of the 
88 STAT. ] 
PUBLIC LAW 93-453-OCT. 18, 1974 
1375 
next four fiscal years thereafter to enable the Department of the 
Interior to carry out its functions and responsibilities under this title. 
"(b) There is authorized to be appropriated the sum of $10,000,000 
Appropriation. 
for the fiscal year ending June 30,1974, and for each of the next four 
fiscal years thereafter to enable the Department of Agriculture to carry 
out its functions and responsibilities under this title." 
SEC. 3. Such Act of September 15, 1960, is further amended— 
(1) by redesignating the first section and sections 2 through 6 as ^
^
^
^
^ ^^^ ^^°®" 
sections 101 through 106, respectively; 
(2) by striking out "That the Secretary of Defense" in section 
101 (as so redesignated) and inserting in lieu thereof the 
following: 
"TITLE 
I—CONSERVATION 
PEOGRAMS 
ON 
MILITARY 
RESERVATIONS 
"SEC. 101. The Secretary of Defense"; 
(3) by striking out "Act" the first time it appears in the proviso 
to section 102 (as so redesignated) and inserting in lieu thereof 
"title"; 
(4) by striking out "Act" each place it appears in sections 104 
and 106 (as so redesignated) and inserting in lieu thereof "title"; 
and 
(5) by striking out "sections 1 and 2" in section 106 (as so 
redesignated) and inserting in lieu thereof "sections 101 and 102". 
Approved October 18, 1974. 
Public Law 93-453 
A N A C r 
October 18, 1974 
To authorize the conveyance of certain lands to the New Mexico State University, 
[H. R. 5641] 
Las Cruces, New Mexico. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That notwithstand- 
N
e
w Mexico 
ing the acreage limitation in the Act of June 14,1926, as amended (43 ^l^lnd^clnlV^-
U.S.C. 869-4), the Secretary of the Interior may convey to the New a"ce. 
Mexico State University at Las Cruces. New Mexico, in accordance 
with the provisions of that Act, all or any part of the following 
described lands: 
(1) Those lands described in Public Land Order Numbered 
2051, containing 1,393.19 acres; 
(2) Those lands described in Public Land Order Numbered 
3685, containing 2,789.07 acres; and 
(3) Southwest quarter, section 14, township 23 south, range 2 
east. New Mexico principal meridian, consisting of 160 acres. 
All of the above-described lands lie in sections 13,14, 15, 22, 23, 24, 25, 
26, and 35, township 23 south, range 2 east, New Mexico principal 
meridian. 
Approved October 18, 1974.