---
kind: "section"
citation: "16 U.S.C. § 450y–3"
title: "16"
title_heading: "Conservation"
number: "450y–3"
heading: "Construction of fences"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/450y-3"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LXI — National and International Monuments and Memorials"
---

# §450y–3. Construction of fences


In the administration of the [memorial](/usc/16/450ss–1.md?p=2) [area](/usc/16/539m–1.md?p=1-A) the [Secretary](/usc/16/410r–5.md?p=c-1) shall not permit the construction of fences except (a) along the international boundary, (b) beside [memorial](/usc/16/450ss–1.md?p=2) roads or approach roads, and (c) around [memorial](/usc/16/450ss–1.md?p=2) [areas](/usc/16/539m–1.md?p=1-A) within which improvements have been located by the National [Park](/usc/16/410r–5.md?p=c-3) Service: Provided, That any roads constructed within the [memorial](/usc/16/450ss–1.md?p=2) [area](/usc/16/539m–1.md?p=1-A) by the National [Park](/usc/16/410r–5.md?p=c-3) Service shall include necessary cattle underpasses properly located for the passage of cattle across such roads: And provided further, That the right to the exclusive beneficial consumptive use for stock watering purposes of any water heretofore developed or used for such purposes within the [memorial](/usc/16/450ss–1.md?p=2) [area](/usc/16/539m–1.md?p=1-A) shall remain in the present holders thereof, their heirs, assigns, successors, and [administrators](/usc/16/450rr–1.md?p=a), so long as such water continues to be used exclusively for such purposes: And provided further, That nothing in sections [450y](/usc/16/450y.md) to [450y–4](/usc/16/450y–4.md) of this title shall be construed to alter or affect any water right in the [State](/usc/16/590q.md?p=a) of Arizona or the jurisdiction of said [State](/usc/16/590q.md?p=a) over its waters: And provided further, That neither roads nor public campgrounds shall be constructed by the National [Park](/usc/16/410r–5.md?p=c-3) Service within the south half southwest quarter of said section 10.


## Source credit

(Aug. 18, 1941, ch. 365, § 4, 55 Stat. 631.)

## Notes

### Executive Documents

### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.