---
kind: "section"
citation: "16 U.S.C. § 460iii"
title: "16"
title_heading: "Conservation"
number: "460iii"
heading: "Findings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460iii"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter CXX — Morley Nelson Snake River Birds of Prey National Conservation Area"
---

# §460iii. Findings


The Congress finds the following:

- (1) The [public lands](/usc/16/620e.md?p=7) managed by the Bureau of Land Management in the [State](/usc/16/590q.md?p=a) of Idaho within the Snake River Birds of Prey [Area](/usc/16/539m–1.md?p=1-A) contain one of the densest known nesting populations of eagles, falcons, owls, hawks, and other birds of prey ([raptors](/usc/16/460iii–1.md?p=3)) in North America.
- (2) These [public lands](/usc/16/620e.md?p=7) constitute a valuable national biological and educational resource since birds of prey are important components of the ecosystem and indicators of environmental quality, and contribute significantly to the quality of wildlife and human communities.
- (3) These [public lands](/usc/16/620e.md?p=7) also contain important historic and cultural resources (including significant archaeological resources) as well as other resources and values, all of which should be protected and appropriately managed.
- (4) A military training [area](/usc/16/539m–1.md?p=1-A) within the Snake River Birds of Prey [Area](/usc/16/539m–1.md?p=1-A), known as the [Orchard Training Area](/usc/16/460iii–1.md?p=6), has been used since 1953 by reserve components of the Armed Forces. Military use of this [area](/usc/16/539m–1.md?p=1-A) is currently governed by a [Memorandum of Understanding](/usc/16/460iii–1.md?p=5) between the Bureau of Land Management and the [State](/usc/16/590q.md?p=a) of Idaho Military Division, dated May 1985. Operating under this [Memorandum of Understanding](/usc/16/460iii–1.md?p=5), the Idaho National Guard has provided valuable assistance to the Bureau of Land Management with respect to fire control and other aspects of management of the [Orchard Training Area](/usc/16/460iii–1.md?p=6) and the other lands in the Snake River Birds of Prey [Area](/usc/16/539m–1.md?p=1-A). Military use of the lands within the [Orchard Training Area](/usc/16/460iii–1.md?p=6) should continue in accordance with such [Memorandum of Understanding](/usc/16/460iii–1.md?p=5) (or extension or renewal thereof), to the extent consistent with [section 460iii–3(e) of this title](/usc/16/460iii–3.md?p=e), because this would be in the best interest of training of the reserve components (an important aspect of national security) and of the local economy.
- (5) Protection of the [conservation area](/usc/16/460iii–1.md?p=2) as a home for [raptors](/usc/16/460iii–1.md?p=3) can best and should be accomplished by the [Secretary](/usc/16/460iii–1.md?p=1) of the Interior, acting through the Bureau of Land Management, under a [management plan](/usc/16/544.md?p=k) that—
  - (A) emphasizes management, protection, and rehabilitation of habitat for these [raptors](/usc/16/460iii–1.md?p=3) and of other resources and values of the [area](/usc/16/539m–1.md?p=1-A);
  - (B) provides for continued military use, consistent with the requirements of [section 460iii–3(e) of this title](/usc/16/460iii–3.md?p=e), of the [Orchard Training Area](/usc/16/460iii–1.md?p=6) by reserve components of the Armed Forces;
  - (C) addresses the need for public educational and interpretive opportunities;
  - (D) allows for diverse appropriate uses of lands in the [area](/usc/16/539m–1.md?p=1-A) to the extent consistent with the maintenance and enhancement of [raptor](/usc/16/460iii–1.md?p=3) populations and habitats and protection and sound management of other resources and values of the [area](/usc/16/539m–1.md?p=1-A); and
  - (E) demonstrates management practices and techniques that may be useful to other [areas](/usc/16/539m–1.md?p=1-A) of the [public lands](/usc/16/620e.md?p=7) and elsewhere.
- (6) There exists near the [conservation area](/usc/16/460iii–1.md?p=2) a facility, the World Center for Birds of Prey operated by The Peregrine Fund, Inc., where research, public education, recovery, and reestablishment operations exist for endangered [raptor](/usc/16/460iii–1.md?p=3) species. There also exists at Boise [State](/usc/16/590q.md?p=a) University a [raptor](/usc/16/460iii–1.md?p=3) study program which attracts national and international graduate and undergraduate students.
- (7) The Bureau of Land Management and Boise [State](/usc/16/590q.md?p=a) University, together with other [State](/usc/16/590q.md?p=a), Federal, and private entities, have formed the [Raptor](/usc/16/460iii–1.md?p=3) Research and Technical Assistance Center to be housed at Boise [State](/usc/16/590q.md?p=a) University, which provides a unique adjunct to the [conservation area](/usc/16/460iii–1.md?p=2) for [raptor](/usc/16/460iii–1.md?p=3) management, recovery, research, and public visitation, interpretation, and education.
- (8) Consistent with requirements of sections [1712](/usc/43/1712.md) and [1732](/usc/43/1732.md) of title 43, the [Secretary](/usc/16/460iii–1.md?p=1) has developed a comprehensive [management plan](/usc/16/544.md?p=k) and, based on such plan, has implemented a management program for the [public lands](/usc/16/620e.md?p=7) included in the [conservation area](/usc/16/460iii–1.md?p=2) established by this subchapter.
- (9) Additional authority and guidance must be provided to assure that essential [raptor habitat](/usc/16/460iii–1.md?p=4) remains in public ownership, to facilitate sound and effective planning and management, to provide for effective public interpretation and education, to ensure continued study of the relationship of humans and these [raptors](/usc/16/460iii–1.md?p=3), to [preserve](/usc/16/698u–1.md?p=2) the unique and irreplaceable habitat of the [conservation area](/usc/16/460iii–1.md?p=2), and to conserve and properly manage the other natural resources of the [area](/usc/16/539m–1.md?p=1-A) in concert with maintenance of this habitat.
- (10) An ongoing research program funded by the Bureau of Land Management and the National Guard is intended to provide information to be used in connection with future decisionmaking concerning management of all uses, including continued military use, of [public lands](/usc/16/620e.md?p=7) within the Snake River Birds of Prey [Area](/usc/16/539m–1.md?p=1-A).
- (11) [Public lands](/usc/16/620e.md?p=7) in the Snake River Birds of Prey [Area](/usc/16/539m–1.md?p=1-A) have been used for domestic livestock grazing for more than a century, with resultant benefits to community stability and contributions to the local and [State](/usc/16/590q.md?p=a) economies. It has not been demonstrated that continuation of this use would be incompatible with appropriate protection and sound management of [raptor habitat](/usc/16/460iii–1.md?p=4) and the other resource values of these lands; therefore, subject to the determination provided for in [section 460iii–3(f) of this title](/usc/16/460iii–3.md?p=f), it is expected that such grazing will continue in accordance with applicable regulations of the [Secretary](/usc/16/460iii–1.md?p=1) and the [management plan](/usc/16/544.md?p=k) for the [conservation area](/usc/16/460iii–1.md?p=2).
- (12) [Hydroelectric facilities](/usc/16/460iii–1.md?p=10) for the generation and transmission of electricity exist within the Snake River Birds of Prey [Area](/usc/16/539m–1.md?p=1-A) pursuant to a license(s) issued by the Federal Energy Regulatory [Commission](/usc/16/544.md?p=c), or its predecessor, the Federal Power [Commission](/usc/16/544.md?p=c).

## Source credit

(Pub. L. 103–64, § 1, Aug. 4, 1993, 107 Stat. 302.)

## Notes

### Statutory Notes and Related Subsidiaries

### Change of Name

Pub. L. 111–11, title II, § 2301(b), Mar. 30, 2009, 123 Stat. 1101, provided that: “Any reference in a law, map, regulation, document, paper, or other record of the United States to the Snake River Birds of Prey National Conservation Area shall be deemed to be a reference to the Morley Nelson Snake River Birds of Prey National Conservation Area.”

### Short Title of 2017 Amendment

Pub. L. 115–31, div. G, title IV, § 431(a)(1) [§ 1], May 5, 2017, 131 Stat. 502, 842A–3, provided that: “This Act [enacting provisions set out as a note under section 460iii–4 of this title] may be cited as the ‘Morley Nelson Snake River Birds of Prey National Conservation Area Boundary Modification Act of 2017’.”