§ 2671. Military reservations and facilities: hunting, fishing, and trapping

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–337 § 4(1) · 72 Stat. 27

   Enacted · 10 U.S.C. § 2671

   Added Pub. L. 85–337, § 4(1), Feb. 28, 1958, 72 Stat. 29

   Source evidence

   Code source credit
   Added Pub. L. 85–337, § 4(1), Feb. 28, 1958, 72 Stat. 29

   Enacted provision · exact public law section
   (1) By adding the following new section at the end: “§2671. Military reservations and facilities: hunting, fishing, and trapping “(a) The Secretary of Defense shall, with respect to each military installation or facility under the jurisdiction of any military department in a State or Territory— “(1) require that all hunting, fishing, and trapping at that installation or facility be in accordance with the fish and game laws of the State or Territory in which it is located; “(2) require that an appropriate license for hunting, fishing, or trapping on that installation or facility be obtained, except that with respect to members of the Armed Forces, such a license may be required only if the State or Territory authorizes the issuance of a license to a member on active duty for a period of more than thirty days at an installation or facility within that State or Territory, without regard to residence requirements, and upon terms otherwise not less favorable than the terms upon which such a license is issued to residents of that State or Territory; and “(3) develop, subject to safety requirements and military security, and in cooperation with the Governor (or his designee) of the State or Territory in which the installation or facility is located, procedures under which designated fish and game or conservation officials of that State or Territory may, at such time and under such conditions as may be agreed upon, have full access to that installation or facility to effect measures for the management, conservation, and harvesting of fish and game resources. “(b) The Secretary of Defense shall prescribe regulations to carry out this section. “(c) Whoever is guilty of an act or omission which violates a requirement prescribed under subsection (a) (1) or (2), which act or omission would be punishable if committed or omitted within the jurisdiction of the State or Territory in which the installation or facility is located, by the laws thereof in effect at the time of that act or omission, is guilty of a like offense and is subject to a like punishment. “(d) This section does not modify any rights granted by treaty or otherwise to any Indian tribe or to the members thereof.”

2. 2001

   Military Construction Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 § 2811(b)(1) · 115 Stat. 1012

   Inserted · 10 U.S.C. § 2671(a)

   Pub. L. 107–107, § 2811(b)(1), inserted heading

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–107, § 2811(b)(1), inserted heading.

   Enacted provision · exact public law section
   (1) in subsection (a), by inserting “General Requirements for Hunting, Fishing, and Trapping.—” after “(a)”;

3. 2001

   Military Construction Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 § 2811(a)(2) · 115 Stat. 1012

   Redesignated · 10 U.S.C. § 2671(b)

   Pub. L. 107–107, § 2811(a)(2), added subsec. (b). Former subsec. (b) redesignated (e)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 107–107, § 2811(a)(2), added subsec. (b). Former subsec. (b) redesignated (e).

   Enacted provision · exact public law section
   (2) by inserting after subsection (a) the following new subsection (b): “(b) Waiver Authority.— (1) The Secretary of Defense may waive or otherwise modify the fish and game laws of a State or Territory otherwise applicable under subsection (a)(1) to hunting, fishing, or trapping at a military installation or facility if the Secretary determines that the application of such laws to such hunting, fishing, or trapping without modification could result in undesirable consequences for public health or safety at the installation or facility. The authority to waive such laws includes the authority to extend, but not reduce, the specified season for certain hunting, fishing, or trapping. The Secretary may not waive the requirements under subsection (a)(2) regarding a license for such hunting, fishing, or trapping or any fee imposed by a State or Territory to obtain such a license. “(2) If the Secretary determines that a waiver of fish and game laws of a State or Territory is appropriate under paragraph (1), the Secretary shall provide written notification to the appropriate State or Territory officials stating the reasons for, and extent of, the waiver. The notification shall be provided at least 30 days before implementation of the waiver.”.

4. 2001

   Military Construction Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 § 2811(b)(2) · 115 Stat. 1012

   Inserted · 10 U.S.C. § 2671(c)

   Pub. L. 107–107, § 2811(b)(2), inserted heading

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 107–107, § 2811(b)(2), inserted heading.

   Enacted provision · exact public law section
   (2) in subsection (c), by inserting “Violations.—” after “(c)”; and

5. 2001

   Military Construction Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 § 2811(b)(3) · 115 Stat. 1012

   Inserted · 10 U.S.C. § 2671(d)

   Pub. L. 107–107, § 2811(b)(3), inserted heading

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 107–107, § 2811(b)(3), inserted heading.

   Enacted provision · exact public law section
   (3) in subsection (d), by inserting “Relation to Treaty Rights.—” after “(d)”.

6. 2001

   Military Construction Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 § 2811(a)(1) · 115 Stat. 1012

   1. Redesignated · 10 U.S.C. § 2671(e)

      Pub. L. 107–107, § 2811(a)(1), redesignated subsec. (b) as (e)

   2. Inserted · 10 U.S.C. § 2671(e)

      Pub. L. 107–107, § 2811(a)(1), inserted heading, and transferred subsec. to end of section

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 107–107, § 2811(a)(1), redesignated subsec. (b) as (e), inserted heading, and transferred subsec. to end of section.

   Enacted provision · exact public law section
   (1) in subsection (b), by striking “(b)” and inserting “(e) Regulations.—” and transferring the subsection to the end of the section; and

7. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title X § 1057(a)(2) · 119 Stat. 3136

   Struck · 10 U.S.C. § 2671(a)(c)

   Pub. L. 109–163 struck out “or Territory” after “State” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a) to (c). Pub. L. 109–163 struck out “or Territory” after “State” wherever appearing.

   Enacted provision · exact public law section
   (2) The following sections are amended by striking the terms “Territory or”, “or Territory”, “a Territorial Department,”, “or a Territory”, “Territory and”, “its Territories,”, and “and Territories” each place they appear: sections 101(a)(3), 332, 822, 1072, 1103, 2671, 3037, 5148, 8037, 8074, 12204, and 12642.

8. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 div. A title X § 1075(b)(42) · 124 Stat. 4137

   Substituted · 10 U.S.C. § 2671(a)(2)

   Pub. L. 111–383 substituted “armed forces” for “Armed Forces”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 111–383 substituted “armed forces” for “Armed Forces”.

   Enacted provision · exact public law section
   (42) Section 2671(a)(2) is amended by striking “Armed Forces” and inserting “armed forces”.

9 of 9 references resolved to an enrolled provision