---
kind: "section"
citation: "16 U.S.C. § 539m–9"
title: "16"
title_heading: "Conservation"
number: "539m–9"
heading: "Construction"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/539m-9"
units:
  - "Chapter 2 — National Forests"
  - "Subchapter I — Establishment and Administration"
---

# §539m–9. Construction

- (a) **Strict construction—** Sections [539m](/usc/16/539m.md) to [539m–12](/usc/16/539m–12.md) of this title recognize only enumerated rights and interests, and no additional rights, interests, obligations, or duties shall be created by implication.
- (b) **Existing rights—** To the extent there exist within the [Area](/usc/16/539m–1.md?p=1-A) as of February 20, 2003, any valid private property rights associated with private land that are not otherwise addressed in sections [539m](/usc/16/539m.md) to [539m–12](/usc/16/539m–12.md) of this title, such rights are not modified or otherwise affected by sections [539m](/usc/16/539m.md) to [539m–12](/usc/16/539m–12.md) of this title, nor is the exercise of any such right subject to the [Pueblo](/usc/16/539m–1.md?p=10)’s right to withhold consent to [new uses](/usc/16/539m–1.md?p=8-A) in the [Area](/usc/16/539m–1.md?p=1-A) as set forth in [section 539m–3(a)(3)(A) of this title](/usc/16/539m–3.md?p=a-3-A).
- (c) **Not precedent—** The provisions of sections [539m](/usc/16/539m.md) to [539m–12](/usc/16/539m–12.md) of this title creating certain rights and interests in the National Forest System are uniquely suited to resolve the [Pueblo](/usc/16/539m–1.md?p=10)’s claim and the geographic and societal situation involved, and shall not be construed as precedent for any other situation involving management of the National Forest System.
- (d) **Fish and wildlife—** Except as provided in [section 539m–6(b)(2)(B) of this title](/usc/16/539m–6.md?p=b-2-B), nothing in sections [539m](/usc/16/539m.md) to [539m–12](/usc/16/539m–12.md) of this title shall be construed as affecting the responsibilities of the [State](/usc/16/590q.md?p=a) of New Mexico with respect to [fish and wildlife](/usc/16/3102.md?p=17), including the regulation of hunting, fishing, or trapping within the [Area](/usc/16/539m–1.md?p=1-A).

## Source credit

(Pub. L. 108–7, div. F, title IV, § 411, Feb. 20, 2003, 117 Stat. 291.)

## Notes

### Editorial Notes

### References in Text

Sections 539m to 539m–12 of this title, referred to in text, was in the original “this title”, meaning title IV of div. F of Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m–12 of this title. For complete classification of title IV to the Code, see Short Title note set out under section 539m of this title and Tables.

### Codification

Section is comprised of section 411 of div. F of Pub. L. 108–7. Subsec. (e) of section 411 of div. F of Pub. L. 108–7 amended section 1746 of Title 43, Public Lands.