16 U.S.C. § 36
Disposition of surplus elk, buffalo, bear, beaver, and predatory animals
The Secretary of the Interior is authorized, in his discretion and under regulations to be prescribed by him, to give surplus elk, buffalo, bear, beaver, and predatory animals inhabiting Yellowstone National Park to Federal, State, county, and municipal authorities for preserves, zoos, zoological gardens, and parks. He may sell or otherwise dispose of the surplus buffalo of the Yellowstone National Park herd, and all moneys received from the sale of any such surplus buffalo shall be deposited in the Treasury of the United States as miscellaneous receipts.
Notes of Decisions
Cited in 3
cases, 1996–2011 · leading case: W. Watersheds Proj. v. Salazar, 766 F. Supp. 2d 1095 (D. Mont. 2011).
W. Watersheds Proj. v. Salazar, 766 F. Supp. 2d 1095 (D. Mont. 2011). “Thus, in response to a request by the National Park Service, Congress enacted 16 U.S.C. § 36 : The Secretary of the Interior is authorized, in his discretion and under regulations to be prescribed by him, to give surplus elk, buffalo, bear, beaver, and predatory animals…”
Greater Yellowstone Coalition v. Babbitt, 952 F. Supp. 1435 (D. Mont. 1996). “See 16 U.S.C. § 36 . A plain reading of the two statutes compels the court to construe section 26 as a criminal anti-poaching statute which regulates the conduct of the visiting public and section 36 as a statute giving broad discretion to the NPS to dispose of surplus bison.”
InterTribal Bison Coop. v. Babbitt, 25 F. Supp. 2d 1135 (D. Mont. 1998). “” 16 U.S.C. § 36 (emphasis supplied). Plaintiffs believe that because § 3 focuses on destruction of wildlife, only that statute is pertinent to the inquiry, citing Tang v.”
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