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Title 16 — Conservation

Chapter 30 — Wild Horses and Burros: Protection, Management, and Control

§ 1338a. Transportation of captured animals; procedures and prohibitions applicable

Statutory text

In administering this chapter, the Secretary may use or contract for the use of helicopters or, for the purpose of transporting captured animals, motor vehicles. Such use shall be undertaken only after a public hearing and under the direct supervision of the Secretary or of a duly authorized official or employee of the Department. The provisions of section 47(a) of title 18 shall not be applicable to such use. Such use shall be in accordance with humane procedures prescribed by the Secretary. Nothing in this chapter shall be deemed to limit the authority of the Secretary in the management of units of the National Park System, and the Secretary may, without regard either to the provisions of this chapter, or the provisions of section 47(a) of title 18, use motor vehicles, fixed-wing aircraft, or helicopters, or to contract for such use, in furtherance of the management of the National Park System, and section 47(a) of title 18 shall be applicable to such use.

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. Pub. L. 92–195 § 9 · 85 Stat. 649

    Enacted · 16 U.S.C. § 1338a

    Pub. L. 92–195, § 9, as added Pub. L. 94–579, title IV, § 404, Oct. 21, 1976, 90 Stat. 2775

    Source evidence

    Code source credit
    Pub. L. 92–195, § 9, as added Pub. L. 94–579, title IV, § 404, Oct. 21, 1976, 90 Stat. 2775

    Enacted provision · exact public law section
    Sec. 9. Nothing in this Act shall be construed to authorize the Secretary Limitation. to relocate wild free-roaming horses or burros to areas of the public lands where they do not presently exist.

  2. Omnibus Parks and Public Lands Management Act of 1996

    Pub. L. 104–333 div. I title VIII § 803(a) · 110 Stat. 4093

    Inserted · 16 U.S.C. § 1338a

    Pub. L. 104–333 inserted at end “Nothing in this chapter shall be deemed to limit the authority of the Secretary in the management of units of the National Park System, and the Secretary may, without regard either to the provisions of this chapter, or the provisions of section 47(a) of title 18, use motor vehicles, fixed-wing aircraft, or helicopters, or to contract for such use, in furtherance of the management of the National Park System, and section 47(a) of title 18 shall be applicable to such use.”

    Source evidence

    Code amendment note
    Pub. L. 104–333 inserted at end “Nothing in this chapter shall be deemed to limit the authority of the Secretary in the management of units of the National Park System, and the Secretary may, without regard either to the provisions of this chapter, or the provisions of section 47(a) of title 18, use motor vehicles, fixed-wing aircraft, or helicopters, or to contract for such use, in furtherance of the management of the National Park System, and section 47(a) of title 18 shall be applicable to such use.”

    Enacted provision · exact public law section
    (a) Vehicles and Aircraft.— Section 9 of the Act of December 15, 1971 (16 U.S.C. 1338a), is amended by adding at the end thereof the following: “Nothing in this title shall be deemed to limit the authority of the Secretary in the management of units of the National Park System, and the Secretary may, without regard either to the provisions of this title, or the provisions of section 47(a) of title 18, United States Code, use motor vehicles, fixed-wing aircraft, or helicopters, or to contract for such use, in furtherance of the management of the National Park System, and section 47(a) of title 18, United States Code, shall be applicable to such use.”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in last sentence, was in the original “this title”, and was translated as reading “this Act”, meaning the Wild Free-Roaming Horses and Burros Act which enacted this chapter, to reflect the probable intent of Congress, because that Act does not contain titles.

Amendments

1996—Pub. L. 104–333 inserted at end “Nothing in this chapter shall be deemed to limit the authority of the Secretary in the management of units of the National Park System, and the Secretary may, without regard either to the provisions of this chapter, or the provisions of section 47(a) of title 18, use motor vehicles, fixed-wing aircraft, or helicopters, or to contract for such use, in furtherance of the management of the National Park System, and section 47(a) of title 18 shall be applicable to such use.”

Credits

1976–1996 · 2 acts
  1. 1976Pub. L. 92–195, § 9, as added Pub. L. 94–579, title IV, § 404, , 90 Stat. 2775
  2. 1996amended Pub. L. 104–333, div. I, title VIII, § 803(a), , 110 Stat. 4186.
Show as published

(Pub. L. 92–195, § 9, as added Pub. L. 94–579, title IV, § 404, , 90 Stat. 2775; amended Pub. L. 104–333, div. I, title VIII, § 803(a), , 110 Stat. 4186.)

Parsed from the official OLRC USLM XML in data/usc_all/usc16.xml · release point 119-108 · OLRC build 2026-07-16

USLM identifier /us/usc/t16/s1338a