16 USC 410j. Acquisition of land, water, and interests therein;
consent of owner; reservations
TITLE 16 -- CONSERVATION
The authority of the Secretary of the Interior to acquire land and
water for Everglades National Park shall on and after July 2, 1958 be
restricted to the area within the boundary described in section 410i of
this title. Notwithstanding the proviso contained in section 410 of
this title, or any other provision of law, the said Secretary is
authorized on and after July 2, 1958, within the boundary fixed in
sections 410i to 410p of this title and with any funds made available
for that purpose, to acquire land, water, and interests therein by
purchase or otherwise.
The authority to acquire land, water, and interests therein within
the park boundary fixed in section 410i of this title but outside the
area designated in sections 410e to 410h of this title, is further
subject to the right of retention by the owners thereof, including
owners of interests in oil, gas, and mineral rights or royalties, and by
their heirs, executors, administrators, successors, and assigns, at
their election of the following:
(1) The reservation until October 9, 1967, of all oil, gas, and
mineral rights or interests, including the right to lease, explore for,
produce, store, and remove oil, gas, and other minerals from such lands;
(2) In the event that on or before said date, oil, gas, or other
minerals are being produced in commercial quantities anywhere within the
boundary fixed in section 410i of this title but outside the area
designated in sections 410e to 410h of this title, the time of the
reservation provided in subsection (1) above shall automatically extend
for all owners within said boundary and outside of said area regardless
of whether such production is from land in which such owners have an
interest, for so long as oil, gas, or other minerals are produced in
commercial quantities anywhere within said boundary and outside of said
area. To exercise this reservation, the owners, their lessees, agents,
employees, and assigns shall have such right of ingress to and egress
from such land and water as may be necessary; and
(3) After the termination of the reserved rights of owners as set
forth in subsections (1) and (2) of this section, a further reservation
of the right to customary royalties, applying at the time of production,
in any oil, gas, or other minerals which may be produced from such land
and water at any time before January 1, 1985, should production ever be
authorized by the Federal Government or its assigns.
(Pub. L. 85-482, 2, July 2, 1958, 72 Stat. 284; Pub. L. 91-428, 2,
Sept. 26, 1970, 84 Stat. 885.)
1970 -- Pub. L. 91-428 struck out restriction against acquisition of
certain described lands in Dade County without the consent of the owner
so long as the land is used exclusively for agricultural purposes,
including housing directly incident thereto, or is lying fallow or
remains in its natural state.
16 USC 410k. Limitation of Federal action during reservation period
TITLE 16 -- CONSERVATION
Unless consented to by an owner retaining the reservation set forth
in subsections (1) and (2) of section 410j of this title, no action
shall be taken by the Federal Government during the period of such
reservation to purchase, acquire, or otherwise terminate or interfere
with any lease or leases which may be applicable to said owner's land.
(Pub. L. 85-482, 3, July 2, 1958, 72 Stat. 285.)
16 USC 410l. Rules and regulations governing reservation rights
TITLE 16 -- CONSERVATION
Any reservations retained under the provisions of subsections (1) and
(2) of section 410j of this title shall be exercised by the owners
subject to reasonable rules and regulations which the Secretary may
prescribe for the protection of the park, but which shall permit the
reserved rights to be exercised so that the oil, gas, and minerals may
be explored for, developed, extracted, and removed from the park area in
accordance with sound conservation practices. All operations shall be
carried on under such regulations as the Secretary may prescribe to
protect the land and area for park purposes.
(Pub. L. 85-482, 4, July 2, 1958, 72 Stat. 285.)
16 USC 410m. Ascertainment of owners' election regarding reservation
rights
TITLE 16 -- CONSERVATION
In acquiring any of the land or water within the area described in
section 410i of this title the Secretary of the Interior shall exercise
reasonable diligence to ascertain whether owners elect to retain
reservations in accordance with the provisions of section 410j of this
title. If, after the exercise of such reasonable diligence, owners
cannot be located, or do not appear in judicial proceedings to acquire
the land and water, so that it may be ascertained whether they desire to
retain reservations in accordance with the provisions hereof, the
Secretary may acquire the fee simple title to their land free and clear
of reservations as set forth in subsections (1), (2), and (3) of section
410j of this title.
(Pub. L. 85-482, 5, July 2, 1958, 72 Stat. 285.)
16 USC 410n. Drainage of lands; right-of-way
TITLE 16 -- CONSERVATION
Unless the Secretary, after notice and opportunity for hearing, shall
find that the same is seriously detrimental to the preservation and
propagation of the flora or fauna of Everglades National Park, he shall
permit such drainage through the natural waterways of the park and the
construction, operation, and maintenance of artificial works for
conducting water thereto as is required for the reclamation by the State
of Florida or any political subdivision thereof or any drainage district
organized under its laws of lands lying easterly of the eastern boundary
of the park in township 54 south, ranges 31 and 32 east, township 55
south, ranges 32 and 33 east, and township 56 south, range 33 east. He
shall grant said permission, however, only after a master plan for the
drainage of said lands has been approved by the State of Florida and
after finding that the approved plan has engineering feasibility and is
so designed as to minimize disruptions of the natural state of the park.
Any right-of-way granted pursuant to this section shall be revocable
upon breach of the conditions upon which it is granted, which conditions
shall also be enforcible in any other appropriate manner, and the
grantee shall be obligated to remove its improvements and to restore the
land occupied by it to its previous condition in the event of such
revocation.
(Pub. L. 85-482, 6, July 2, 1958, 72 Stat. 286.)
16 USC 410o. Exchange of land, water, and interests therein
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to transfer to the State
of Florida by quitclaim deed the land, water, and interests therein,
previously acquired by the United States of America for Everglades
National Park and not included within such park by section 410i of this
title, such transfer to be in exchange for the conveyance by the State
of Florida to the United States of all land, water, and interests
therein, owned by the State within the boundary of the park as described
in section 410i of this title: Provided, That exclusion of any land,
water, and interests therein from the park boundary pursuant to section
410i of this title shall be dependent upon the contemporaneous
conveyance by the State to the United States of all land, water, and
interests therein, owned by the State within the park boundary described
in section 410i of this title, including land, water, and interests
therein, heretofore conveyed to the State, for transfer to the United
States for inclusion in Everglades National Park. The effectuation of
the transfer provided for in this section shall be a condition precedent
to the acquisition by the Secretary of any land, water, or interests
therein held in private ownership within the boundaries set forth in
section 410i of this title and outside the area designated in sections
410e to 410h of this title, except as such acquisition is by donation.
(Pub. L. 85-482, 7, July 2, 1958, 72 Stat. 286.)
16 USC 410p. Authorization of appropriations
TITLE 16 -- CONSERVATION
(a) There are authorized to be appropriated such sums, but not more
than $22,000,000 in all, as are required for the acquisition of land,
water, and interests therein held in private ownership within the
boundaries of Everglades National Park as fixed by section 410i of this
title and outside the area described in sections 410e to 410h of this
title.
(b) In addition to the amount authorized in subsection (a) of this
section there is authorized to be appropriated such amount, not in
excess of $700,200, as is necessary for the acquisition, in accordance
with the provisions of sections 410i to 410p of this title, of the
following described privately owned lands:
Sections 3, 4, and 5; section 6, less the west half of the northwest
quarter; sections 7, 8, 9, and 10; north half of section 15; and
sections 17 and 18, all in township 59 south, range 37 east, Tallahassee
meridian.
(Pub. L. 85-482, 8, July 2, 1958, 72 Stat. 286; Pub. L. 91-88, Oct.
17, 1969, 83 Stat. 134; Pub. L. 91-428, 1, Sept. 26, 1970, 84 Stat.
885.)
1970 -- Subsec. (a). Pub. L. 91-428 substituted ''$22,000,000'' for
''$2,000,000''.
1969 -- Pub. L. 91-88 designated existing provisions as subsec. (a)
and added subsec. (b).
16 USC 410q. Exchange of lands
TITLE 16 -- CONSERVATION
In order to further the administration and use of the Everglades
National Park, the Secretary of the Interior is authorized to accept on
behalf of the United States title to the following described parcels of
land:
Those parts of tracts ''R'' and ''S'' which lie west of the
right-of-way of State Road Numbered 29, and lots 1 to 9, inclusive, of
block 40, in Everglades City, Florida, comprising 18.98, 1.32, and 3.17
acres, respectively, as shown on N.P.S. Map No. EVE-NP-E-1, dated June
23, 1959, of Everglades City, Florida; and not to exceed 15 acres of
submerged lands lying adjacent to said tracts ''R'' and ''S'', if such
additional lands are considered necessary by the Secretary of the
Interior to permit full utilization of the lands above described;
and, in exchange for such parcels of land, to convey to the owner or
owners thereof all right, title, and interest of the United States in
and to the following described parcels of land within the Everglades
National Park:
Tract ''L'' and block 34, comprising 9.09 and 1.65 acres,
respectively, lying in or in the vicinity of Everglades City, Florida.
(Pub. L. 86-269, 1, Sept. 14, 1959, 73 Stat. 553.)
16 USC 410r. Lands acquired as part of park; rules and regulations
TITLE 16 -- CONSERVATION
All lands and submerged lands title to which is accepted by the
Secretary of the Interior pursuant to the provisions of section 410q of
this title shall, upon the acceptance of title thereto, become parts of
the Everglades National Park and shall be subject to all laws and
regulations applicable thereto.
(Pub. L. 86-269, 2, Sept. 14, 1959, 73 Stat. 554.)
16 USC 410r-1. Acceptance of additional lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept for Everglades
National Park purposes, title to approximately 1,160 acres of land and
submerged land lying within sections 25, 26, and 36 of township 53
south, range 29 east, and section 30, township 53 south, range 30 east,
Tallahassee meridian, and being a portion of the land and submerged land
donated and conveyed by three Collier deeds in 1951 and 1952 to the
trustees of the internal improvement fund of the State of Florida for
subsequent inclusion in the Everglades National Park. Such three Collier
deeds are dated December 12, 1951, December 26, 1951, and March 21,
1952, and are recorded in deed book 22, page 240, deed book 22, page
244, and deed book 39, page 25, respectively, in Collier County,
Florida. The aforesaid land and submerged land shall be subject to the
reservations set forth in the aforementioned Collier deeds for public
utility easements and rights-of-way of the public with respect to Indian
Key Channel, and also to a public right-of-way for the State highway or
causeway from Everglades City to Chokoloskee Island.
(Pub. L. 86-681, 1, Sept. 2, 1960, 74 Stat. 577.)
16 USC 410r-2. Lands acquired as part of park; rules and regulations
TITLE 16 -- CONSERVATION
All lands and submerged lands title to which is accepted by the
Secretary of the Interior pursuant to the provisions of section 410r-1
of this title shall, upon the acceptance of title thereto, become parts
of the Everglades National Park and shall be subject to all laws and
regulations applicable thereto.
(Pub. L. 86-681, 2, Sept. 2, 1960, 74 Stat. 577.)
16 USC 410r-3. Acceptance of additional lands; lands acquired as part
of park; reimbursement of revolving fund
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept a transfer from
the Administrator of the Farmers Home Administration, United States
Department of Agriculture, which transfer is hereby authorized, of a
tract of land consisting of approximately four thousand four hundred and
twenty acres, lying within the boundaries of Everglades National Park,
in Dade County, Florida, and more particularly described in the masters
deed dated December 21, 1962, in the proceeding entitled ''The
Connecticut Mutual Life Insurance Company against Toni Iori, a single
man; Peter Iori and Helen Iori, his wife, d/b/a Iori Bros., et al.,''
No. 61C-3823, in the Circuit Court of the Eleventh Judicial Circuit of
Florida, in and for Dade County, and recorded in the official records of
said county in book 3494 at page 457, or in any modification of such
masters deed, for administration as a part of the Everglades National
Park. Such transfer will be made by the Farmers Home Administration,
Department of Agriculture, to the Secretary of /1/ Interior, only after
the Farmers Home Administration's emergency credit revolving fund has
been fully reimbursed for all cost incurred by it in connection with the
aforesaid land. Such transfer may be accepted when title to the
property is vested in the United States.
(Pub. L. 88-588, 1, Sept. 12, 1964, 78 Stat. 933.)
/1/ So in original. Probably should be ''of the''.
16 USC 410r-4. Authorization of appropriations for reimbursement of
revolving fund
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated to the emergency credit
revolving fund, upon the transfer authorized in section 410r-3 of this
title, such sum as may be necessary but not in excess of $452,000 to
reimburse the fund for costs incurred by the Farmers Home Administration
in connection with the aforesaid property.
(Pub. L. 88-588, 2, Sept. 12, 1964, 78 Stat. 933.)
16 USC 410r-5. Findings, purposes, and definitions
TITLE 16 -- CONSERVATION
(a) Findings
The Congress makes the following findings:
(1) The Everglades National Park is a nationally and internationally
significant resource and the park has been adversely affected and
continues to be adversely affected by external factors which have
altered the ecosystem including the natural hydrologic conditions within
the park.
(2) The existing boundary of Everglades National Park excludes the
contiguous lands and waters of the Northeast Shark River Slough that are
vital to long-term protection of the park and restoration of natural
hydrologic conditions within the park.
(3) Wildlife resources and their associated habitats have been
adversely impacted by the alteration of natural hydrologic conditions
within the park, which has contributed to an overall decline in fishery
resources and a 90 percent population loss of wading birds.
(4) Incorporation of the Northeast Shark River Slough and the East
Everglades within the park will limit further losses suffered by the
park due to habitat destruction outside the present park boundaries and
will preserve valuable ecological resources for use and enjoyment by
future generations.
(5) The State of Florida and certain of its political subdivisions or
agencies have indicated a willingness to transfer approximately 35,000
acres of lands under their jurisdiction to the park in order to protect
lands and water within the park, and may so transfer additional lands in
the future.
(6) The State of Florida has proposed a joint Federal-State effort to
protect Everglades National Park through the acquisition of additional
lands.
(b) Purposes
The purposes of sections 410r-5 to 410r-8 of this title are to --
(1) increase the level of protection of the outstanding natural
values of Everglades National Park and to enhance and restore the
ecological values, natural hydrologic conditions, and public enjoyment
of such area by adding the area commonly known as the Northeast Shark
River Slough and the East Everglades to Everglades National Park; and
(2) assure that the park is managed in order to maintain the natural
abundance, diversity, and ecological integrity of native plants and
animals, as well as the behavior of native animals, as a part of their
ecosystem.
(c) Definitions
As used in sections 410r-5 to 410r-8 of this title:
(1) The term ''Secretary'' means the Secretary of the Interior.
(2) The term ''addition'' means the approximately 107,600 acre area
of the East Everglades area authorized to be added to Everglades
National Park by sections 410r-5 to 410r-8 of this title.
(3) The term ''park'' means the area encompassing the existing
boundary of Everglades National Park and the addition area described in
paragraph (2).
(4) The term ''project'' means the Central and Southern Florida
Project.
(Pub. L. 101-229, title I, 101, Dec. 13, 1989, 103 Stat. 1946.)
Section 1 of Pub. L. 101-229 provided that: ''This Act (enacting
this section and sections 410r-6 to 410r-8 of this title) may be cited
as the 'Everglades National Park Protection and Expansion Act of
1989'.''
16 USC 410r-6. Boundary modification
TITLE 16 -- CONSERVATION
(a) Area included
The park boundary is hereby modified to include approximately 107,600
acres as generally depicted on the map entitled ''Boundary Map,
Everglades National Park Addition, Dade County, Florida'', numbered
160-20,013B and dated September 1989. The map shall be on file and
available for public inspection in the offices of the National Park
Service, Department of the Interior.
(b) Boundary adjustment
The Secretary may from time to time make minor revisions in the
boundaries of the park in accordance with section 460l-9(c) of this
title. In exercising the boundary adjustment authority the Secretary
shall ensure all actions will enhance resource preservation and shall
not result in a net loss of acreage from the park.
(c) Acquisition
(1) Within the boundaries of the addition described in subsection (a)
of this section, the Secretary may acquire lands and interests in land
by donation, purchase with donated or appropriated funds, or exchange.
For purposes of acquiring property by exchange, the Secretary may,
notwithstanding any other provision of law, exchange the approximately
one acre of Federal land known as ''Gilberts' Marina'' for non-Federal
land of equal value located within the boundaries of the addition. Any
lands or interests in land which are owned by the State of Florida or
any political subdivision thereof, may be acquired only by donation.
(2) It is the express intent of Congress that acquisition within the
boundaries of the addition shall be completed not later than 5 years
after December 13, 1989. The authority provided by this section shall
remain in effect until all acquisition is completed.
(d) Acquisition of tracts partially outside boundaries
When any tract of land is only partly within boundaries referred to
in subsection (a) of this section, the Secretary may acquire all or any
portion of the land outside of such boundaries in order to minimize the
payment of severance costs. Land so acquired outside of the boundaries
may be exchanged by the Secretary for non-Federal lands within the
boundaries, and any land so acquired and not utilized for exchange shall
be reported to the General Services Administration for disposal under
the Federal Property and Administrative Services Act of 1949 (63 Stat.
377) (40 U.S.C. 471 et seq.).
(e) Offers to sell
In exercising the authority to acquire property under sections 410r-5
to 410r-8 of this title, the Secretary shall give prompt and careful
consideration to any offer made by any person owning property within the
boundaries of the addition to sell such property, if such owner notifies
the Secretary that the continued ownership of such property is causing,
or would result in undue hardship.
(f) Authorization of appropriations
(1) Subject to the provisions of paragraph (2), there are hereby
authorized to be appropriated such sums as may be necessary to carry out
the provisions of sections 410r-5 to 410r-8 of this title.
(2) With respect to land acquisition within the addition, not more
than 80 percent of the cost of such acquisition may be provided by the
Federal Government. Not less than 20 percent of such cost shall be
provided by the State of Florida.
(g) Assistance
Upon the request of the Governor of the State of Florida, the
Secretary is authorized to provide technical assistance and personnel to
assist in the acquisition of lands and waters within the Kissimmee
River/Lake Okeechobee/Everglades Hydrologic Basin, including the Big
Cypress Swamp, through the provision of Federal land acquisition
personnel, practices, and procedures. The State of Florida shall
reimburse the Secretary for such assistance in such amounts and at such
time as agreed upon by the Secretary and the State. Notwithstanding any
other provision of law, reimbursement received by the Secretary for such
assistance shall be retained by the Secretary and shall be available
without further appropriation for purposes of carrying out any
authorized activity of the Secretary within the boundaries of the park.
(Pub. L. 101-229, title I, 102, Dec. 13, 1989, 103 Stat. 1947.)
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (d), is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Provisions of that act relating to disposal of
Government property are classified to chapter 10 ( 471 et seq.) of Title
40, Public Buildings, Property, and Works. For complete classification
of this Act to the Code, see Short Title note set out under section 471
of Title 40 and Tables.
16 USC 410r-7. Administration
TITLE 16 -- CONSERVATION
(a) In general
The Secretary shall administer the areas within the addition in
accordance with sections 410r-5 to 410r-8 of this title and other
provisions of law applicable to the Everglades National Park, and with
the provisions of law generally applicable to units of the national park
system, including sections 1 and 2 to 4 of this title. In order to
further preserve and protect Everglades National Park, the Secretary
shall utilize such other statutory authority as may be available to him
for the preservation of wildlife and natural resources as he deems
necessary to carry out the purposes of sections 410r-5 to 410r-8 of this
title.
(b) Protection of ecosystem
The Secretary shall manage the park in order to maintain the natural
abundance, diversity, and ecological integrity of native plants and
animals, as well as the behavior of native animals, as a part of their
ecosystem.
(c) Protection of flora and fauna
The park shall be closed to the operation of airboats --
(1) except as provided in subsection (d) of this section; and
(2) except that within a limited capacity and on designated routes
within the addition, owners of record of registered airboats in use
within the addition as of January 1, 1989, shall be issued
nontransferable, nonrenewable permits, for their individual lifetimes,
to operate personnally-owned /1/ airboats for noncommercial use in
accordance with rules prescribed by the Secretary to determine ownership
and registration, establish uses, permit conditions, and penalties, and
to protect the biological resources of the area.
(d) Concession contracts
The Secretary is authorized to negotiate and enter into concession
contracts with the owners of commercial airboat and tour facilities in
existence on or before January 1, 1989, located within the addition for
the provision of such services at their current locations under such
rules and conditions as he may deem necessary for the accommodation of
visitors and protection of biological resources of the area.
(e) Visitor center
The Secretary is authorized and directed to expedite the construction
of the visitor center facility at Everglades City, Florida, as described
in the Development Concept Plan, Gulf Coast, dated February 1989, and
upon construction shall designate the visitor center facility as ''The
Marjory Stoneman Douglas Center'' in commemoration of the vision and
leadership shown by Mrs. Douglas in the protection of the Everglades
and Everglades National Park.
(Pub. L. 101-229, title I, 103, Dec. 13, 1989, 103 Stat. 1948.)
/1/ So in original. Probably should be ''personally-owned''.
16 USC 410r-8. Modification of certain water projects
TITLE 16 -- CONSERVATION
(a) Improved water deliveries
(1) Upon completion of a final report by the Chief of the Army Corps
of Engineers, the Secretary of the Army, in consultation with the
Secretary, is authorized and directed to construct modifications to the
Central and Southern Florida Project to improve water deliveries into
the park and shall, to the extent practicable, take steps to restore the
natural hydrological conditions within the park.
(2) Such modifications shall be based upon the findings of the
Secretary's experimental program authorized in section 1302 of the 1984
Supplemental Appropriations Act (97 Stat. 1292) and generally as set
forth in a General Design Memorandum to be prepared by the Jacksonville
District entitled ''Modified Water Deliveries to Everglades National
Park''. The Draft of such Memorandum and the Final Memorandum, as
prepared by the Jacksonville District, shall be submitted as promptly as
practicable to the Committee on Energy and Natural Resources and the
Committee on Environment and Public Works of the United States Senate
and the Committee on Interior and Insular Affairs and the Committee on
Public Works and Transportation of the United States House of
Representatives.
(3) Construction of project modifications authorized in this
subsection and flood protection systems authorized in subsections (c)
and (d) of this section are justified by the environmental benefits to
be derived by the Everglades ecosystem in general and by the park in
particular and shall not require further economic justification.
(4) Nothing in this section shall be construed to limit the operation
of project facilities to achieve their design objectives, as set forth
in the Congressional authorization and any modifications thereof.
(b) Determination of adverse effect
(1) Upon completion of the Final Memorandum referred to in subsection
(a) of this section, the Secretary of the Army, in consultation with the
South Florida Water Management District, shall make a determination as
to whether the residential area within the East Everglades known as the
''Eight and One-Half Square Mile Area'' or adjacent agricultural areas,
all as generally depicted on the map referred to in section 410r-6(a) of
this title, will be adversely affected by project modifications
authorized in subsection (a) of this section.
(2) In determining whether adjacent agricultural areas will be
adversely affected, the Secretary of the Army shall consider the impact
of any flood protection system proposed to be implemented pursuant to
subsection (c) of this section on such agricultural areas.
(c) Flood protection; Eight and One-Half Square Mile Area
If the Secretary of the Army makes a determination pursuant to
subsection (b) of this section that the ''Eight and One-Half Square Mile
Area'' will be adversely affected, the Secretary of the Army is
authorized and directed to construct a flood protection system for that
portion of presently developed land within such area.
(d) Flood protection; adjacent agricultural area
(1) If the Secretary of the Army determines pursuant to subsection
(b) of this section that an adjacent agricultural area will be adversely
affected, the Secretary of the Army is authorized and directed to
construct a flood protection system for such area. Such determination
shall be based on a finding by the Secretary of the Army that:
(A) the adverse effect will be attributable solely to a project
modification authorized in subsection (a) of this section or to a flood
protection system implemented pursuant to subsection (c) of this
section, or both; and
(B) such modification or flood protection system will result in a
substantial reduction in the economic utility of such area based on its
present agricultural use.
(2) No project modification authorized in subsection (a) of this
section which the Secretary of the Army determines will cause an adverse
effect pursuant to subsection (b) of this section shall be made
operational until the Secretary of the Army has implemented measures to
prevent such adverse effect on the adjacent agricultural area:
Provided, That the Secretary of the Army or the South Florida Water
Management District may operate the modification to the extent that the
Secretary of the Army determines that such operation will not adversely
affect the adjacent agricultural area: Provided further, That any
preventive measure shall be implemented in a manner that presents the
least prospect of harm to the natural resources of the park.
(3) Any flood protection system implemented by the Secretary of the
Army pursuant to this subsection shall be required only to provide for
flood protection for present agricultural uses within such adjacent
agricultural area.
(4) The acquisition of land authorized in section 410r-6 of this
title shall not be considered a project modification.
(e) Periodic review
(1) Not later than 18 months after the completion of the project
modifications authorized in subsection (a) of this section, and
periodically thereafter, the Secretary of the Army shall review the
determination of adverse effect for adjacent agricultural areas.
(2) In conducting such review, the Secretary of the Army shall
consult with all affected parties, including, but not limited to, the
Secretary, the South Florida Water Management District and agricultural
users within adjacent agricultural areas.
(3) If, on the basis of such review, the Secretary of the Army
determines that an adjacent agricultural area has been, or will be
adversely affected, the Secretary of the Army is authorized and
directed, in accordance with the provisions of subsection (d) of this
section, to construct a flood protection system for such area:
Provided, That the provisions of subsection (d)(2) of this section shall
be applicable only to the extent that the Secretary, in consultation
with the Secretary of the Army, determines that the park will not be
adversely affected.
(4) The provisions of this subsection shall only be applicable if the
Secretary of the Army has previously made a determination that such
adjacent agricultural area will not be adversely affected.
(f) Current canal operating levels
Nothing in this section shall be construed to require or prohibit the
Secretary of the Army or the South Florida Water Management District
from maintaining the water level within any project canal below the
maximum authorized operating level as of December 13, 1989.
(g) No limitation on other claims
If the Secretary of the Army makes a determination of no adverse
effect pursuant to subsection (b) of this section, such determination
shall not be considered as a limitation or prohibition against any
available legal remedy which may otherwise be available.
(h) Coordination
The Secretary and the Secretary of the Army shall coordinate the
construction program authorized under this section and the land
acquisition program authorized in section 410r-6 of this title in such a
manner as will permit both to proceed concurrently and as will avoid
unreasonable interference with property interests prior to the
acquisition of such interests by the Secretary under section 410r-6 of
this title.
(i) West Dade Wellfield
No Federal license, permit, approval, right-of-way or assistance
shall be granted or issued with respect to the West Dade Wellfield (to
be located in the Bird Drive Drainage Basin, as identified in the
Comprehensive Development Master Plan for Dade County, Florida) until
the Secretary, the Governor of the State of Florida, the South Florida
Water Management District and Dade County, Florida enter into an
agreement providing that the South Florida Water Management District's
water use permit for the wellfield, if granted, must include the
following limiting conditions: (1) the wellfield's peak pumpage rate
shall not exceed 140,000,000 gallons per day; (2) the permit shall
include reasonable, enforceable measures to limit demand on the
wellfield in times of water shortage; and (3) if, during times of water
shortage, the District fails to limit demand on the wellfield pursuant
to (2), or if the District limits demand on the wellfield pursuant to
(2), but the Secretary certifies that operation of the wellfield is
still causing significant adverse impacts on the resources of the Park,
the Governor shall require the South Florida Water Management District
to take necessary actions to alleviate the adverse impact, including,
but not limited to, temporary reductions in the pumpage from the
wellfield.
(j) Protection of natural values
The Secretary of the Army is directed in analysis, design and
engineering associated with the development of a general design
memorandum for works and operations in the ''C-111 basin'' area of the
East Everglades, to take all measures which are feasible and consistent
with the purposes of the project to protect natural values associated
with Everglades National Park. Upon completion of a general design
memorandum for the area, the Secretary shall prepare and transmit a
report to the Committee on Energy and Natural Resources and the
Committee on Environment and Public Works of the United States Senate
and the Committee on Interior and Insular Affairs and the Committee on
Public Works and Transportation of the United States House of
Representatives on the status of the natural resources of the C-111
basin and functionally related lands.
(Pub. L. 101-229, title I, 104, Dec. 13, 1989, 103 Stat. 1949.)
Section 1302 of the 1984 Supplemental Appropriations Act, referred to
in subsec. (a)(2), is section 1302 of Pub. L. 98-181, title I, Nov.
30, 1983, 97 Stat. 1292, which is not classified to the Code.
16 USC SUBCHAPTER LV -- MINUTE MAN NATIONAL HISTORICAL PARK
TITLE 16 -- CONSERVATION
16 USC 410s. Creation of park
TITLE 16 -- CONSERVATION
(a) Establishment; boundaries
In order to preserve for the benefit of the American people certain
historic structures and properties of outstanding national significance
associated with the opening of the War of the American Revolution,
Minute Man National Historical Park is authorized to be established in
the Commonwealth of Massachusetts.
The park shall comprise not more than seven hundred and fifty acres
as may be designated by the Secretary of the Interior from within the
area beginning at Fiske Hill and thence lying along Massachusetts
Avenue, Marrett Road and Marrett Street in the town of Lexington, along
Nelson Road, Virginia Road, Old Bedford Road, and North Great Road or
State Route 2-A in the town of Lincoln, and along Lexington Road,
Monument Street, Liberty Street and Lowell Road in the town of Concord
to and including the North Bridge and properties on both sides of the
Concord River in the vicinity of the North Bridge.
(b) Relocation of boundaries
Notwithstanding the description set forth in subsection (a) of this
section, if the Secretary should determine that the relocation of
Highway 2 by the Commonwealth of Massachusetts makes it desirable to
establish new boundaries in common with, contiguous or adjacent to the
proposed right-of-way for that highway, he is authorized to relocate
such boundaries accordingly, and shall give notice thereof by
publication of a map or other suitable description in the Federal
Register: Provided, That any net acreage increase by reason of the
boundary revision and land exchanges with the Commonwealth shall not be
included in calculations of acreage in regard to the limitation set
forth in subsection (a) of this section, but shall be in addition
thereto.
(c) Acquisition of additional lands
Any lands added to the Minute Man National Historical Park, pursuant
to subsection (b) of this section may be acquired only if such
acquisition can be accomplished without cost for land acquisition and,
when so acquired, shall be subject to all laws, rules, and regulations
applicable thereto.
(Pub. L. 86-321, 1, Sept. 21, 1959, 73 Stat. 591; Pub. L. 91-548, 1,
Dec. 14, 1970, 84 Stat. 1436.)
1970 -- Pub. L. 91-548 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
16 USC 410t. Acquisition of lands; administrative jurisdiction of
Federal lands; notice in Federal Register
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to acquire by donation or
with donated funds, or with funds authorized to be appropriated, lands
and interests in lands within the area designated for the park.
Administrative jurisdiction of Federal lands lying within the area
designated for the park shall, with the concurrence of the Federal
agency involved, be transferred to the Secretary of the Interior for
administration as a part of the park.
The park shall be established as Minute Man National Historical Park
by notice in the Federal Register when the Secretary of the Interior
finds that sufficient lands within the designated area have been
acquired to warrant such establishment.
(Pub. L. 86-321, 2, Sept. 21, 1959, 73 Stat. 591.)
16 USC 410u. Preservation of historic sites
TITLE 16 -- CONSERVATION
To provide further for the preservation and interpretation of
historic sites, structures, and properties lying along the entire route
or routes where significant events occurred on the 18th and 19th of
April 1775, in the cities of Boston, Cambridge, Medford, and Somerville,
and the towns of Arlington, Brookline, Concord, Lexington, and Lincoln,
including the area generally described in section 410s of this title as
lying between Fiske Hill and the North Bridge, the Secretary of the
Interior is authorized, in accordance with the purposes of this
subchapter, to enter into cooperative agreements with the Commonwealth
of Massachusetts political subdivisions thereof, corporations,
associations, or individuals, and to erect and maintain tablets or
markers, in accordance with provisions contained in sections 461 to 467
of this title.
(Pub. L. 86-321, 3, Sept. 21, 1959, 73 Stat. 591.)
16 USC 410v. Appointment and composition of advisory commission
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to appoint an advisory
commission of five members to advise him on the development of Minute
Man National Historical Park, to consist of one member to be recommended
by the selectmen of each of the towns of Concord, Lexington, and
Lincoln, Massachusetts; one member to be recommended by the Governor of
the Commonwealth of Massachusetts; and one member to be designated by
the Secretary.
(Pub. L. 86-321, 4, Sept. 21, 1959, 73 Stat. 591.)
Advisory commissions in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a commission established by the President or an
officer of the Federal Government, such commission is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a commission established by the Congress, its duration is
otherwise provided for by law. See sections 3(2) and 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.
16 USC 410w. Administration, protection, and development
TITLE 16 -- CONSERVATION
When established pursuant to this subchapter, the park shall be
administered, protected, and developed by the Secretary of the Interior
in accordance with the provisions of sections 1 and 2 to 4 of this
title, as amended and supplemented, and sections 461 to 467 of this
title.
(Pub. L. 86-321, 5, Sept. 21, 1959, 73 Stat. 592.)
16 USC 410x. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums, but not more than
$13,900,000 as may be needed for the acquisition of lands and interests
in lands and for development of the Minute Man National Historical Park,
of which not more than $10,900,000 shall be used for acquisition
purposes, and in addition thereto, such sums as may be needed for its
administration and maintenance.
(Pub. L. 86-321, 6, Sept. 21, 1959, 73 Stat. 592; Pub. L. 91-548, 2,
Dec. 14, 1970, 84 Stat. 1437.)
1970 -- Pub. L. 91-548 substituted ''$13,900,000'' for
''$8,000,000'' and ''$10,900,000'' for ''$5,000,000''.
16 USC SUBCHAPTER LVI -- CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL
PARK
TITLE 16 -- CONSERVATION
16 USC 410y. Definitions
TITLE 16 -- CONSERVATION
As used in this subchapter --
(a) ''Park'' means the Chesapeake and Ohio Canal National Historical
Park, as herein established.
(b) ''Canal'' means the Chesapeake and Ohio Canal, including its
towpath.
(c) ''Secretary'' means the Secretary of the Interior.
(d) ''State'' means any State, and includes the District of Columbia.
(e) ''Local government'' means any political subdivision of a State,
including a county, municipality, city, town, township, or a school or
other special district created pursuant to State law.
(f) ''Person'' means any individual, partnership, corporation,
private nonprofit organization, or club.
(g) ''Landowner'' means any person, local government, or State
owning, or on reasonable grounds professing to own, lands or interests
in lands adjacent to or in the vicinity of the park.
(Pub. L. 91-664, 2, Jan. 8, 1971, 84 Stat. 1978.)
Section 1 of Pub. L. 91-664, Jan. 8, 1971, 84 Stat. 1978,
provided: ''That this Act (enacting this subchapter) shall be known as
the 'Chesapeake and Ohio Canal Development Act'.''
Pub. L. 95-11, Mar. 15, 1977, 91 Stat. 21, provided: ''That the
canal and towpath of the Chesapeake and Ohio Canal National Historical
Park are hereby dedicated to Justice William O. Douglas in grateful
recognition of his long outstanding service as a prominent American
conservationist and for his efforts to preserve and protect the canal
and towpath from development.
''Sec. 2. In order to carry out the provisions of this Act, the
Secretary of the Interior is authorized and directed to provide such
identification by signs, including, but not limited to changes in
existing signs, materials, maps, markers, interpretive programs or other
means as will appropriately inform the public of the contributions of
Justice William O. Douglas.
''Sec. 3. The Secretary of the Interior is further authorized and
directed to cause to be erected and maintained, within the exterior
boundaries of the Chesapeake and Ohio Canal National Historical Park, an
appropriate memorial to Justice William O. Douglas. Such memorial shall
be of such design and be located at such place within the park as the
Secretary shall determine.
''Sec. 4. There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.''
16 USC 410y-1. Purposes; authorization for establishment; boundaries;
acquisition of lands; procedure for acquisition; time of acquisition
TITLE 16 -- CONSERVATION
(a) In order to preserve and interpret the historic and scenic
features of the Chesapeake and Ohio Canal, and to develop the potential
of the canal for public recreation, including such restoration as may be
needed, there is hereby established the Chesapeake and Ohio Canal
National Historical Park, in the States of Maryland and West Virginia
and in the District of Columbia. The park as initially established
shall comprise those particular properties in Federal ownership,
containing approximately five thousand two hundred and fifty acres,
including those properties along the line of the Cheasapeake and Ohio
Canal in the State of Maryland and appurtenances in the State of West
Virginia designated as the Chesapeake and Ohio Canal National Monument,
and those properties along the line of the Chesapeake and Ohio Canal
between Rock Creek in the District of Columbia and the terminus of the
Chesapeake and Ohio Canal National Monument near the mouth of Seneca
Creek in the State of Maryland. The boundaries of the park shall be as
generally depicted on the drawing entitled ''Boundary Map, Proposed
Chesapeake and Ohio Canal National Historical Park,'' in five sheets,
numbered CHOH 91,000, and dated October 1969, which is on file and
available for public inspection in the offices of the National Park
Service, Department of the Interior: Provided, That no lands owned by
any State shall be included in the boundaries of the park --
(1) unless they are donated to the United States, or
(2) until a written cooperative agreement is negotiated by the
Secretary which assures the administration of such lands in accordance
with established administrative policies for national parks, and
(3) until the terms and conditions of such donation or cooperative
agreement have been forwarded to the Committees on Interior and Insular
Affairs of the United States House of Representatives and Senate at
least sixty days prior to being executed.
The exact boundaries of the park shall be established, published, and
otherwise publicized within eighteen months after January 8, 1971, and
the owners of property other than property lying between the canal and
the Potomac River shall be notified within said period as to the extent
of their property included in the park.
(b) Within the boundaries of the park, the Secretary is authorized to
acquire lands and interests therein by donation, purchase with donated
or appropriated funds, or exchange, but he shall refrain from acquiring,
for two years from January 8, 1971, any lands designated on the boundary
map for acquisition by any State if he has negotiated and consummated a
written cooperative agreement with such State pursuant to subsection (a)
of this section.
(Pub. L. 91-664, 3, Jan. 8, 1971, 84 Stat. 1978.)
16 USC 410y-1a. Boundary revision
TITLE 16 -- CONSERVATION
The boundaries of the park are revised to include approximately 600
additional acres.
(Pub. L. 95-625, title III, 320, Nov. 10, 1978, 92 Stat. 3488; Pub.
L. 96-199, title I, 101(c), Mar. 5, 1980, 94 Stat. 68.)
Section was enacted as part of the National Parks and Recreation Act
of 1978, and not as part of the Chesapeake and Ohio Canal Development
Act which comprises this subchapter.
1980 -- Pub. L. 96-199 struck out proviso that additions to the park
as authorized by this section shall not include any properties located
between 30th Street and Thomas Jefferson Street in the northwest section
of the District of Columbia.
16 USC 410y-2. Consideration by Secretary of comprehensive local or
State development, land use, or recreational plans
TITLE 16 -- CONSERVATION
The Secretary shall take into account comprehensive local or State
development, land use, or recreational plans affecting or relating to
areas in the vicinity of the canal, and shall, wherever practicable,
consistent with the purposes of this subchapter, exercise the authority
granted by this subchapter, in a manner which he finds will not conflict
with such local or State plans.
(Pub. L. 91-664, 4, Jan. 8, 1971, 84 Stat. 1979.)
16 USC 410y-3. Access
TITLE 16 -- CONSERVATION
(a) Pre-existing rights and permits
The enactment of this subchapter shall not affect adversely any valid
rights heretofore existing, or any valid permits heretofore issued,
within or relating to areas authorized for inclusion in the park.
(b) Issuance of permits by Secretary for use of park lands and
utility, highway, and railway crossings
Other uses of park lands, and utility, highway, and railway
crossings, may be authorized under permit by the Secretary, if such uses
and crossings are not in conflict with the purposes of the park and are
in accord with any requirements found necessary to preserve park values.
(c) Crossing by foot at designated locations; purposes; conduct
Authority is hereby granted for individuals to cross the park by foot
at locations designated by the Secretary for the purpose of gaining
access to the Potomac River or to non-Federal lands for hunting
purposes: Provided, That while such individuals are within the
boundaries of the park firearms shall be unloaded, bows unstrung, and
dogs on leash.
(Pub. L. 91-664, 5, Jan. 8, 1971, 84 Stat. 1979.)
16 USC 410y-4. Chesapeake and Ohio Canal National Historical Park
Commission
TITLE 16 -- CONSERVATION
(a) Establishment
There is hereby established a Chesapeake and Ohio Canal National
Historical Park Commission (hereafter in this section referred to as the
''Commission'').
(b) Membership; appointment; term
The Commission shall be composed of nineteen members appointed by the
Secretary for terms of five years each, as follows:
(1) Eight members to be appointed from recommendations submitted by
the boards of commissioners or the county councils, as the case may be,
of Montgomery, Frederick, Washington, and Allegany Counties, Maryland,
of which two members shall be appointed from recommendations submitted
by each such board or council, as the case may be;
(2) Eight members to be appointed from recommendations submitted by
the Governor of the State of Maryland, the Governor of the State of West
Virginia, the Governor of the Commonwealth of Virginia, and the
Commissioner of the District of Columbia, of which two members shall be
appointed from recommendations submitted by each such Governor or
Commissioner, as the case may be; and
(3) Three members to be appointed by the Secretary, one of whom shall
be designated Chairman of the Commission and two of whom shall be
members of regularly constituted conservation organizations.
(c) Vacancies
Any vacancy in the Commission shall be filled in the same manner in
which the original appointment was made. A member may serve after the
expiration of his term until his successor has taken office.
(d) Compensation and payment of expenses
Members of the Commission shall serve without compensation, as such,
but the Secretary is authorized to pay, upon vouchers signed by the
Chairman, the expenses reasonably incurred by the Commission and its
members in carrying out their responsibilities under this subchapter.
(e) Consultation by Secretary
The Secretary, or his designee, shall from time to time but at least
annually, meet and consult with the Commission on general policies and
specific matters related to the administration and development of the
park.
(f) Majority vote
The Commission shall act and advise by affirmative vote of a majority
of the members thereof.
(g) Termination
The Commission shall cease to exist thirty years from January 8,
1971.
(Pub. L. 91-664, 6, Jan. 8, 1971, 84 Stat. 1980; Pub. L. 96-555,
Dec. 19, 1980, 94 Stat. 3260; Pub. L. 101-320, July 3, 1990, 104 Stat.
292.)
1990 -- Subsec. (c). Pub. L. 101-320, 1(a), inserted at end ''A
member may serve after the expiration of his term until his successor
has taken office.''
Subsec. (g). Pub. L. 101-320, 1(b), substituted ''thirty'' for
''twenty''.
1980 -- Subsec. (g). Pub. L. 96-555 substituted ''twenty'' for
''ten''.
16 USC 410y-5. Administration
TITLE 16 -- CONSERVATION
The Chesapeake and Ohio Canal National Historical Park shall be
administered by the Secretary of the Interior in accordance with
sections 1 and 2 to 4 of this title, as amended and supplemented.
(Pub. L. 91-664, 7, Jan. 8, 1971, 84 Stat. 1980.)
16 USC 410y-6. Availability of funds; authorization of appropriations;
adjustment of appropriations
TITLE 16 -- CONSERVATION
(a) Any funds that may be available for purposes of administration of
the Chesapeake and Ohio Canal property may hereafter be used by the
Secretary for the purposes of the park.
(b) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subchapter, not to exceed
$28,400,000 for land acquisition and not to exceed $17,000,000 (1970
prices) for development, plus or minus such amounts, if any, as may be
justified by reason of ordinary fluctuations in construction costs as
indicated by engineering cost indices applicable to the types of
construction involved herein.
(Pub. L. 91-664, 8, Jan. 8, 1971, 84 Stat. 1980; Pub. L. 95-625,
title III, 320, Nov. 10, 1978, 92 Stat. 3488.)
1978 -- Subsec. (b). Pub. L. 95-625 substituted ''$28,400,000'' for
''$20,400,000''.
16 USC SUBCHAPTER LVII -- BOSTON NATIONAL HISTORICAL PARK
TITLE 16 -- CONSERVATION
16 USC 410z. Establishment
TITLE 16 -- CONSERVATION
(a) Acquisition of properties by donation or with donated funds
In order to preserve for the benefit and inspiration of the people of
the United States as a national historical park certain historic
structures and properties of outstanding national significance located
in Boston, Massachusetts, and associated with the American Revolution
and the founding and growth of the United States, the Secretary of the
Interior (hereinafter referred to as the ''Secretary'') may, in
accordance with the provisions of this subchapter, acquire by donation
or by purchase with donated funds, all lands and improvements thereon or
interests therein comprising the following described areas:
(1) Faneuil Hall, located at Dock Square, Boston;
(2) Paul Revere House, 19 North Square, Boston;
(3) The area identified as the Old North Church area, 193 Salem
Street, Boston;
(4) The Old State House, Washington and State Streets, Boston;
(5) Bunker Hill, Breeds Hill, Boston;
(6) Old South Meeting House, Milk and Washington Streets, Boston;
(7) Charlestown Navy Yard; and
(8) Dorchester Heights, Boston.
(b) Acquisition of properties with appropriated funds
In the event that the properties described in this section are not
donated to the United States or purchased with donated funds, they may
be acquired by the Secretary with appropriated funds: Provided, That,
except for privately held lands within the Charlestown Navy Yard as
described in subsection (d) of this section, the Secretary shall not
acquire any such properties by eminent domain so long as he determines
that a binding, written cooperative agreement, assuring the preservation
and historical integrity of such properties remains in force and effect.
Lands owned by the Commonwealth of Massachusetts, or any of its
political subdivisions, may be acquired only by donation.
(c) Publication of notice
At such time as the Secretary determines that sufficient lands,
improvements, and interests therein have been acquired or that
cooperative agreements satisfying the preservation and historical
objective of this subchapter have been executed, he may establish the
Boston National Historical Park by publication of notice to that effect
in the Federal Register, together with a detailed description or map
setting forth the properties included therein.
(d) Charlestown Navy Yard
As used in this section, the Charlestown Navy Yard shall include the
United States Ship Constitution and the lands generally depicted on the
map entitled ''Boundary Map: Charlestown Naval Shipyard -- U.S.S.
Constitution, Boston National Historical Park'', numbered BONA 20,000
and dated March 1974 which shall be on file and available in the offices
of the Director of the National Park Service, Department of the
Interior, Washington, D.C. As used in this section, the Charlestown Navy
Yard shall also include the properties known as the Ropewalk and Tar
House and the Chain Forge and Round House, designated on such map as
buildings numbered 58, 60, and 105. All right, title, and interest in
the Federal properties and improvements included therein shall be
transferred to the Secretary of the Interior: Provided, That he may, by
written agreement with the Secretary of the Navy, permit the continued
use of any such buildings and facilities as the Secretary of the
Interior determines to be necessary for the preservation and maintenance
of the Constitution, which agreement shall provide that the Department
of the Navy shall transfer to the Department of the Interior funds
sufficient to cover the costs attributable to the functions and services
which are provided by the Department of the Interior. The Secretary
shall consult with representatives of the city of Boston and the
Commonwealth of Massachusetts concerning the development of suitable
transportation plans consistent with the purposes for which the Navy
Yard was included in the historical park and the Secretary is authorized
to grant, in accordance with such terms and conditions as he deems
necessary and consistent with the purposes of this subchapter easements
and rights-of-way to the Commonwealth of Massachusetts or any political
subdivision thereof including the Boston Redevelopment Authority for
purposes of the vehicular, pedestrian and utility access to that portion
of the Boston Navy Yard outside the boundaries of the Park. Such grants
of easements and rights-of-way shall be upon the express condition that
the grantee convey to the United States the property known as Building
No. 107, being a part of the Boston Navy Yard and owned by the Boston
Redevelopment Authority.
(Pub. L. 93-431, 2, Oct. 1, 1974, 88 Stat. 1184; Pub. L. 95-625,
title III, 310(a), (d), Nov. 10, 1978, 92 Stat. 3478; Pub. L. 96-344,
5, Sept. 8, 1980, 94 Stat. 1134.)
1980 -- Subsec. (d). Pub. L. 96-344 inserted provision including
within the Charlestown Navy Yard properties known as the Ropewalk and
Tar House and the Chain Forge and Round House, designated as buildings
numbered 58, 60, and 105.
1978 -- Subsec. (a)(8). Pub. L. 95-625, 310(a), added par. (8).
Subsec. (d). Pub. L. 95-625, 310(d), authorized grant of easements
and rights-of-way for vehicular, pedestrian and utility access to the
Boston Navy Yard outside the boundaries of the Boston National
Historical Park upon express condition that the grantee convey to the
United States the part of the Boston Navy Yard owned by the Boston
Redevelopment Authority.
Section 1 of Pub. L. 93-431, Oct. 1, 1974, 88 Stat. 1184,
provided: ''That this Act (enacting this subchapter) may be cited as
the 'Boston National Historical Park Act of 1974'.''
Section 310(c) of Pub. L. 95-625 provided that: ''There are
authorized to be appropriated such sums as may be necessary for the
acquisition of lands or interests in lands designated by subsection (a)
of this section (enacting subsec. (a)(8) of this section) as a component
of the Boston National Historical Park, and for the development of such
component.''
16 USC 410z-1. Acquisition of additional sites
TITLE 16 -- CONSERVATION
(a) Studies
In addition to the properties described in section 410z of this
title, the Secretary shall study the properties described in this
section to determine the feasibility and suitability of including them
within the Boston National Historical Park. In making such studies, he
may enter into tentative agreements with any owners thereof for their
inclusion in said park and he may enter into options, for a nominal
consideration, for the purchase of such properties, but no additional
properties may be added to the park except by an act of the Congress.
Studies shall be made of the following properties:
(1) Boston Common;
(2) Dillaway-Thomas House;
(3) Thomas Crease House (old Corner Book Store); and
(4) the following burying grounds: King's Chapel, Granary, and
Copp's Hill.
(b) Cooperative agreements authorized
In furtherance of the general purposes of this subchapter as
prescribed in section 410z of this title, the Secretary is authorized to
enter into cooperative agreements with the city of Boston, the
Commonwealth of Massachusetts, or any private organization to mark,
interpret, restore, and/or provide technical assistance for the
preservation and interpretation of any properties listed in section 410z
of this title, or portions thereof, which, in his opinion, would best be
preserved in private, municipal, or State ownership, in connection with
the Boston National Historical Park. Such agreements shall contain, but
shall not be limited to, provisions that the Secretary, through the
National Park Service, shall have right of access at all reasonable
times to all public portions of the property covered by such agreement
for the purpose of conducting visitors through such properties and
interpreting them to the public, that no changes or alterations shall be
made in such properties except by mutual agreement between the Secretary
and the other parties to such agreements, except that no limitation or
control of any kind over the use of any such properties customarily used
for church purposes shall be imposed by any agreement. The agreements
may contain specific provisions which outline in detail the extent of
the participation by the Secretary in the restoration, preservation, and
maintenance of such historic properties.
(c) Identification and marking of significant historical sites
The Secretary may identify other significant sites of the colonial
and Revolutionary periods of American history in the city of Boston,
Massachusetts, and its environs, which are related to the historical
park created by this subchapter, and, with the consent of the owner or
owners thereof, may mark them appropriately and make reference to them
in any interpretive literature.
(Pub. L. 93-431, 3, Oct. 1, 1974, 88 Stat. 1185; Pub. L. 95-625,
title III, 310(b), Nov. 10, 1978, 92 Stat. 3478.)
1978 -- Subsec. (a)(4), (5). Pub. L. 95-625 struck out par. ''(4)
Dorchester Heights; and'' and redesignated par. (5) as (4).
16 USC 410z-2. Boston National Historical Park Advisory Commission
TITLE 16 -- CONSERVATION
(a) Establishment; membership
There is established a Boston National Historical Park Advisory
Commission (hereinafter referred to as the ''Commission'') which shall
be composed of members appointed by the Secretary as follows:
(1) Three members appointed from recommendations submitted by the
Governor of Massachusetts;
(2) Three members appointed from recommendations submitted by the
mayor of the city of Boston; and
(3) One member to represent each owner with which the Secretary has
concluded a cooperative agreement pursuant to section 410z-1 of this
title, to be appointed from recommendations submitted by each such
owner.
(b) Termination of Commission
The Commission shall terminate ten years from the date of
establishment of the Boston National Historical Park.
(c) Vacancies; chairman
A vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner as the original appointment (and for the
balance of the unexpired term). The Chairman of the Commission shall be
designated by the Secretary.
(d) Majority rule
The Commission shall act and advise by affirmative vote of a majority
of its members.
(e) Consultation between Secretary and Commission
The Secretary or his designee shall from time to time, but at least
semiannually, consult with the Commission with respect to matters
relating to the development of the Boston National Historical Park.
(f) Compensation; payment of expenses
Members of the Commission shall serve without compensation as such.
The Secretary is authorized to pay the expenses reasonably incurred by
the Commission in carrying out its responsibilities under this
subchapter upon presentation of vouchers signed by the Chairman.
(Pub. L. 93-431, 4, Oct. 1, 1974, 88 Stat. 1185.)
16 USC 410z-3. Visitor center
TITLE 16 -- CONSERVATION
The Secretary may acquire property or any interest therein by
donation, purchase, or exchange for the visitor center, and
notwithstanding any other provision of law, funds appropriated for the
development and operation of the visitor center may be expended on
property in which the Secretary has acquired less than the fee simple
interest therein, including a leasehold interest.
(Pub. L. 93-431, 5, Oct. 1, 1974, 88 Stat. 1186.)
16 USC 410z-4. Administration
TITLE 16 -- CONSERVATION
When established as provided in section 410z of this title, the
Boston National Historical Park shall be administered by the Secretary
in accordance with the provisions of this subchapter, sections 1 and 2
to 4 of this title, as amended and supplemented, and sections 461 to 467
of this title.
(Pub. L. 93-431, 6, Oct. 1, 1974, 88 Stat. 1186.)
16 USC 410z-5. Authorization of appropriations
TITLE 16 -- CONSERVATION
For the acquisition of lands or interests in lands designated by
section 410z of this title, as components of the Boston National
Historical Park, there is authorized to be appropriated not to exceed
$2,740,000. For development of the components designated as paragraphs
1 through 6 in section 410z of this title, there is authorized to be
appropriated not more than $12,818,000. For the development of the
component designated as paragraph 7 in section 410z of this title, there
is authorized to be appropriated not more than $11,500,000.
(Pub. L. 93-431, 7, Oct. 1, 1974, 88 Stat. 1186.)
16 USC SUBCHAPTER LVIII -- VALLEY FORGE NATIONAL HISTORICAL PARK
TITLE 16 -- CONSERVATION
16 USC 410aa. Authority to establish
TITLE 16 -- CONSERVATION
In order to preserve and commemorate for the people of the United
States the area associated with the heroic suffering, hardship, and
determination and resolve of General George Washington's Continental
Army during the winter of 1777-1778 at Valley Forge, the Secretary of
the Interior (hereinafter referred to as the ''Secretary'') is
authorized to establish the Valley Forge National Historical Park
(hereinafter referred to as the ''park''), in the Commonwealth of
Pennsylvania.
(Pub. L. 94-337, 1, July 4, 1976, 90 Stat. 796.)
16 USC 410aa-1. Establishment
TITLE 16 -- CONSERVATION
(a) Boundaries; inspection of map
The park shall comprise the area generally depicted on the map
entitled ''Valley Forge National Historical Park'', dated June 1979, and
numbered VF-91,001, which shall be on file and available for inspection
in the offices of the National Park Service, Department of the Interior,
Washington, District of Columbia, and in the offices of the
superintendent of the park. After advising the Committees on Interior
and Insular Affairs of the United States Congress, in writing, the
Secretary may make minor revisions of the boundaries of the park when
necessary by publication of a revised map or other boundary description
in the Federal Register.
(b) Acquisition of lands
Within the boundaries of the park, the Secretary may acquire lands
and interests therein by donation, purchase with donated or appropriated
funds, exchange, or transfer. Any property owned by the Commonwealth of
Pennsylvania or any political subdivision thereof may be acquired only
by donation. The effective date of such donation shall not be prior to
October 1, 1976.
(c) Reservation of rights by grantors; compensation for land
Except for property deemed by the Secretary to be essential for
visitor facilities, or for access to or administration of the park, any
owner or owners of improved property on the date of its acquisition by
the Secretary may, as a condition of such acquisition, retain for
themselves and their successors or assigns a right of use and occupancy
of the improved property for noncommercial residential purposes for a
definite term not to exceed twenty-five years, or in lieu thereof, for a
term ending at the death of the owner, or the death of his or her
spouse, whichever is the later. The owner shall elect the term to be
reserved. Unless the property is wholly or partially donated, the
Secretary shall pay to the owner the fair market value of the property
on the date of such acquisition, less the fair market value on such date
of the right retained by the owner.
(d) Termination of grantor's rights
The Secretary may terminate a right of use and occupancy retained
pursuant to this section upon his determination that such use and
occupancy is being exercised in a manner not consistent with the
purposes of this subchapter, and upon tender to the holder of the right
of an amount equal to the fair market value of that portion of the right
which remains unexpired on the date of termination.
(e) ''Improved property'' defined
The term ''improved property'', as used in this section shall mean a
detached, noncommercial residential dwelling, the construction of which
was begun before January 1, 1975 (hereafter referred to as
''dwelling''), together with so much of the land on which the dwelling
is situated, the said land being in the same ownership as the dwelling,
as the Secretary shall designate to be reasonably necessary for the
enjoyment of the dwelling for the sole purpose of noncommercial
residential use, together with any structures accessory to the dwelling
which are situated on the land so designated.
(Pub. L. 94-337, 2, July 4, 1976, 90 Stat. 796; Pub. L. 96-287,
title III, 301(1), June 28, 1980, 94 Stat. 601.)
1980 -- Subsec. (a). Pub. L. 96-287 substituted reference to park
area as depicted on map ''dated June 1979, and numbered VF-91,001'' for
prior depiction on map ''dated February 1976, and numbered VF-91,000''.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
16 USC 410aa-2. Publication of notice; appropriations; administration
TITLE 16 -- CONSERVATION
When the Secretary determines that lands and interests therein have
been acquired in an amount sufficient to constitute an administerable
unit, he shall establish the park by publication of a notice to that
effect in the Federal Register: Provided, That the park shall not be
established until the Secretary receives commitments which he deems to
be sufficient from the Commonwealth of Pennsylvania that the
appropriations made by acts 320 and 352 of 1974, and act 12A of 1975, of
the Legislature of the Commonwealth of Pennsylvania, will continue to be
available and obligated for development purposes within the park. The
Secretary shall administer the property acquired for such park in
accordance with sections 1 and 2 to 4 of this title, as amended and
supplemented, and sections 461 to 467 of this title. In furtherance of
the purposes of this subchapter, the Secretary is authorized to provide
technical assistance to public and private nonprofit entities in
qualifying for appropriate historical designation and for such grants,
other financial assistance, and other forms of aid as are available
under Federal, State, or local law for the protection, rehabilitation,
or preservation of properties in the vicinity of the park which are
historically related to the purposes of the park.
(Pub. L. 94-337, 3, July 4, 1976, 90 Stat. 797; Pub. L. 96-287,
title III, 301(2), June 28, 1980, 94 Stat. 601.)
1980 -- Pub. L. 96-287 authorized technical assistance to nonprofit
entities in qualifying for appropriate historical designation and for
any aid for protection, rehabilitation, or preservation of properties in
the vicinity of the park which are historically related to the purposes
of the park.
16 USC 410aa-3. Authorization of appropriations
TITLE 16 -- CONSERVATION
(a) There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this subchapter, but not more
than $13,895,000 for the acquisition of lands and interests in lands.
(b) For the development of essential public facilities there are
authorized to be appropriated not more than $500,000. Within three
years from the date of establishment of the park pursuant to this
subchapter, the Secretary shall, after consulting with the Governor of
the Commonwealth of Pennsylvania, develop and transmit to the Committees
on Interior and Insular Affairs of the United States Congress a final
master plan for the development of the park consistent with the
objectives of this subchapter, indicating:
(1) the facilities needed to accommodate the health, safety, and
interpretive needs of the visiting public;
(2) the location and estimated cost of all facilities; and
(3) the projected need for any additional facilities within the park.
(Pub. L. 94-337, 4, July 4, 1976, 90 Stat. 797; Pub. L. 96-287,
title III, 301(3), June 28, 1980, 94 Stat. 601.)
1980 -- Subsec. (a). Pub. L. 96-287 substituted ''$13,895,000'' for
''$8,622,000''.
Authorizations of moneys appropriated under Pub. L. 96-287 effective
Oct. 1, 1980, see section 401 of Pub. L. 96-287, set out as a note
under section 410gg-5 of this title.
16 USC SUBCHAPTER LIX -- KLONDIKE GOLD RUSH NATIONAL HISTORICAL PARK
TITLE 16 -- CONSERVATION
16 USC 410bb. Establishment
TITLE 16 -- CONSERVATION
(a) Composition and boundaries; relocation of Seattle unit
In order to preserve in public ownership for the benefit and
inspiration of the people of the United States, historic structures and
trails associated with the Klondike Gold Rush of 1898, the Secretary of
the Interior (hereinafter referred to as the ''Secretary'') is
authorized to establish the Klondike Gold Rush National Historical Park
(hereinafter referred to as the ''park''), consisting of a Seattle unit,
a Skagway unit, a Chilkoot Trail unit, and a White Pass Trail unit. The
boundaries of the Skagway unit, the Chilkoot Trail unit, and the White
Pass Trail unit shall be as generally depicted on a drawing consisting
of two sheets entitled ''Boundary Map, Klondike Gold Rush National
Historical Park'', numbered 20,013-B and dated May, 1973, which shall be
on file and available for public inspection in the offices of the
National Park Service, Department of the Interior. Within the Pioneer
Square Historic District in Seattle as depicted on a drawing entitled
''Pioneer Square Historic District'', numbered 20,010-B and dated May
19, 1973, which shall also be on file and available as aforesaid, the
Secretary may select a suitable site for the Seattle unit and publish a
description of the site in the Federal Register. The Secretary may
relocate the site of the Seattle unit by publication of a new
description in the Federal Register, and any property acquired for
purposes of the unit prior to such relocation shall be subject to
disposal in accordance with the Federal surplus property laws:
Provided, That the Seattle unit shall be within the Pioneer Square
Historic District. After advising the Committees on Interior and
Insular Affairs of the Congress of the United States, in writing, the
Secretary may revise the boundaries of the park from time to time, by
publication of a revised map or other boundary description in the
Federal Register, but the total area of the park may not exceed thirteen
thousand three hundred acres.
(b) Acquisition of land; administrative site
(1) The Secretary may acquire lands, waters, and interests therein
within the park by donation, purchase, lease, exchange, or transfer from
another Federal agency. Lands or interests in lands owned by the State
of Alaska or any political subdivision thereof may be acquired only by
donation or exchange, and notwithstanding the provisions of subsection
6(i) of the Act of July 7, 1958 (72 Stat. 339, 342), commonly known as
the Alaska Statehood Act, the State may include the minerals in any such
transaction. Lands under the jurisdiction of any Federal agency may,
with the concurrence of such agency, be transferred without
consideration to the Secretary for the purposes of the park.
(2) The Secretary is authorized to acquire outside the boundaries of
the park, by any of the above methods, not to exceed fifteen acres of
land or interests therein located in, or in the vicinity of, the city of
Skagway, Alaska, for an administrative site; and to acquire by any of
the above methods, up to ten historic structures or interests in such
structures located in the city of Skagway but outside the Skagway unit
for relocation within such unit as the Secretary deems essential for
adequate preservation and interpretation of the park.
(c) Easements; rights-of-way; permits
All lands acquired pursuant to this subchapter shall be taken by the
Secretary subject to all valid existing rights granted by the United
States for railroad, telephone, telegraph, and pipeline purposes. The
Secretary is authorized to grant rights-of-way, easements, permits, and
other benefits in, through and upon all lands acquired for the White
Pass Trail unit for pipeline purposes, pursuant to the Acts of February
25, 1920 (41 Stat. 449), August 21, 1935 (49 Stat. 678), and August 12,
1953 (67 Stat. 557), and for railroad purposes pursuant to the Act of
May 14, 1898 (30 Stat. 409): Provided, That significant adverse impacts
to park resources will not result.
(d) Right of way for Alaskan highway across Chilkoot Trail
The Secretary is authorized to grant to the State of Alaska a highway
right-of-way across lands in the Chilkoot Trail unit, in the area of
Dyea, for the purpose of linking the communities of Haines and Skagway
by road if he finds that (1) there is no feasible and prudent
alternative to the use of such lands, (2) the road proposal includes all
possible planning to minimize harm to the park resulting from such road
use, and (3) to grant such right-of-way will not have significant
adverse effects on the historical and archeological resources of the
park and its administration, protection, and management in accordance
with the purposes of this subchapter.
(Pub. L. 94-323, 1, June 30, 1976, 90 Stat. 717; Pub. L. 96-487,
title XIII, 1309, Dec. 2, 1980, 94 Stat. 2481.)
The Federal surplus property laws, referred to in subsec. (a), are
classified generally to chapter 10 ( 471 et seq.) of Title 40, Public
Buildings, Property, and Works.
Subsection 6(i) of the act of July 7, 1958, commonly known as the
Alaska Statehood Act, referred to in subsec. (b)(1), probably means
subsection (i) of section 6 of Pub. L. 85-508, July 7, 1958, 72 Stat.
339, as amended, which is set out as a note preceding section 21 of
Title 48, Territories and Insular Possessions.
That portion of the act of February 25, 1920, which is set out at 41
Stat. 449, as referred to in subsec. (c), is classified to sections
185 to 187 of Title 30, Mineral Lands and Mining. For complete
classification of the Act to the Code, see Tables.
That portion of the act of August 21, 1935, which is set out at 49
Stat. 678, as referred to in subsec. (c), is classified to section 185
of Title 30. For complete classification of the Act to the Code, see
Tables.
That portion of the act of August 12, 1953, which is set out at 67
Stat. 557, as referred to in subsec. (c), is classified to section 185
of Title 30.
That portion of the act of May 14, 1898, which is set out as 30 Stat.
409, as referred to in subsec. (c), is classified to sections 270 and
942-1 of Title 43, Public Lands. For complete classification of the Act
to the Code, see Tables.
1980 -- Subsec. (b)(1). Pub. L. 96-487 inserted ''or exchange and
notwithstanding the provisions of subsection 6(i) of the Act of July 7,
1958, (72 Stat. 339, 342), commonly known as the Alaska Statehood Act,
the State may include the minerals in any such transaction'' after
''only by donation''.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
16 USC 410bb-1. Administration
TITLE 16 -- CONSERVATION
(a) Establishment; publication of notice
The Secretary shall establish the park by publication of a notice to
that effect in the Federal Register at such time as he deems sufficient
lands, waters, and interests therein have been acquired for
administration in accordance with the purposes of this subchapter.
Pending such establishment and thereafter, the Secretary shall
administer lands, waters, and interests therein acquired for the park in
accordance with the provisions of sections 1 and 2 to 4 of this title,
as amended and supplemented, and sections 461 to 467 of this title, as
amended.
(b) Cooperation with Federal agencies, State and local public bodies,
and private interests for development and use of lands
The Secretary is authorized to cooperate and enter into agreements
with other Federal agencies, State and local public bodies, and private
interests, relating to planning, development, use, acquisition, or
disposal (including as provided in section 460l-22 of this title) of
lands, structures, and waters in or adjacent to the park or otherwise
affecting the administration, use, and enjoyment thereof, in order to
contribute to the development and management of such lands in a manner
compatible with the purposes of the park. Such agreements,
acquisitions, dispositions, development, or use and land-use plans shall
provide for the preservation of historical sites and scenic areas,
recreation, and visitor enjoyment to the fullest extent practicable.
(c) Restoration of property without regard of United States title
thereto
Notwithstanding any other provision of law, the Secretary may restore
and rehabilitate property within the park pursuant to cooperative
agreements without regard as to whether title thereto is in the United
States.
(Pub. L. 94-323, 2, June 30, 1976, 90 Stat. 718.)
16 USC 410bb-2. Cooperation with Canada for planning and development of
international park
TITLE 16 -- CONSERVATION
(a) Presidential proclamation
The Secretary, in cooperation with the Secretary of State, is
authorized to consult and cooperate with appropriate officials of the
Government of Canada and Provincial or Territorial officials regarding
planning and development of the park, and an international historical
park. At such time as the Secretary shall advise the President of the
United States that planning, development, and protection of the adjacent
or related historic and scenic resources in Canada have been
accomplished by the Government of Canada in a manner consistent with the
purposes for which the park was established, and upon enactment of a
provision similar to this section by the proper authority of the
Canadian Government, the President is authorized to issue a proclamation
designating and including the park as part of an international
historical park to be known as Klondike Gold Rush International
Historical Park.
(b) Retention of ''National'' designation for purpose of
authorization
For purposes of administration, promotion, development, and support
by appropriations, that part of the Klondike Gold Rush International
Historical Park within the territory of the United States shall continue
to be designated as the ''Klondike Gold Rush National Historical Park''.
(Pub. L. 94-323, 3, June 30, 1976, 90 Stat. 718.)
16 USC 410bb-3. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this subchapter, but not more
than $2,655,000 for the acquisition of lands and interests in lands, and
not more than $5,885,000 for development.
(Pub. L. 94-323, 4, June 30, 1976, 90 Stat. 719.)
16 USC SUBCHAPTER LIX-A -- LOWELL NATIONAL HISTORICAL PARK
TITLE 16 -- CONSERVATION
16 USC Part A -- Establishment of Park and Preservation District
TITLE 16 -- CONSERVATION
16 USC 410cc. Congressional statement of findings and purpose
TITLE 16 -- CONSERVATION
(a) The Congress finds that --
(1) certain sites and structures in Lowell, Massachusetts,
historically and culturally the most significant planned industrial city
in the United States, symbolize in physical form the Industrial
Revolution;
(2) the cultural heritage of many of the ethnic groups that
immigrated to the United States during the late nineteenth and early
twentieth centuries is still preserved in Lowell's neighborhoods;
(3) a very large proportion of the buildings, other structures, and
districts in Lowell date to the period of the Industrial Revolution and
are nationally significant historical resources, including the
five-and-six-tenths-mile power canal system, seven original mill
complexes, and significant examples of early housing, commercial
structures, transportation facilities, and buildings associated with
labor and social institutions; and
(4) despite the expenditure of substantial amounts of money by the
city of Lowell and the Commonwealth of Massachusetts for historical and
cultural preservation and interpretation in Lowell, the early buildings
and other structures in Lowell may be lost without the assistance of the
Federal Government.
(b) It is the purpose of this subchapter to preserve and interpret
the nationally significant historical and cultural sites, structures,
and districts in Lowell, Massachusetts, for the benefit and inspiration
of present and future generations by implementing to the extent
practicable the recommendations in the report of the Lowell Historic
Canal District Commission.
(Pub. L. 95-290, 1, June 5, 1978, 92 Stat. 290.)
16 USC 410cc-1. Definitions
TITLE 16 -- CONSERVATION
For purposes of this subchapter --
(1) the term ''park'' means the Lowell National Historical Park,
established by section 410cc-11(a)(1) of this title;
(2) the term ''preservation district'' means the Lowell Historic
Preservation District, established by section 410cc-11(a)(1) of this
title;
(3) the term ''Commission'' means the Lowell Historic Preservation
Commission established by section 410cc-31(a) of this title;
(4) the term ''Secretary'' means the Secretary of the Interior; and
(5) the term ''report of the Lowell Historic Canal District
Commission'' means the report submitted to the Congress by the Lowell
Historic Canal District Commission pursuant to an Act entitled ''An Act
to provide for a plan for the preservation, interpretation development
and use of the historic, cultural, and architectural resources of the
Lowell Historic Canal District in Lowell, Massachusetts, and for other
purposes'', approved January 4, 1975 (88 Stat. 2330).
(Pub. L. 95-290, 2, June 5, 1978, 92 Stat. 290.)
An Act entitled ''An Act to provide for a plan for the preservation,
interpretation development and use of the historic, cultural, and
architectural resources of the Lowell Historic Canal District in Lowell,
Massachusetts, and for other purposes'', approved January 4, 1975 (88
Stat. 2330), referred to in par. (5), is Pub. L. 93-645, Jan. 4,
1975, 88 Stat. 2330, which is set out as a note under section 461 of
this title.
16 USC 410cc-11. Establishment of Lowell National Historical Park
TITLE 16 -- CONSERVATION
(a) Establishment and administration of Lowell Historic Preservation
District
(1) To carry out the purpose of this subchapter, there is established
as a unit of the National Park System in the city of Lowell,
Massachusetts, the Lowell National Historical Park. There is further
established in an area adjacent to the park the Lowell Historic
Preservation District, which will be administered by the Secretary and
by the Commission in accordance with this subchapter. The boundaries of
the park and preservation district shall be the boundaries depicted on
the map entitled ''Lowell National Historical Park, Massachusetts'',
dated March 1978, and numbered ''Lowe -- 80,008A''. Such map shall be
on file and available for inspection in the office of the National Park
Service, Department of the Interior, and in the office of the city
clerk, city of Lowell.
(2) The Secretary shall publish in the Federal Register, as soon as
practicable after June 5, 1978, a detailed description and map of the
boundaries established under paragraph (1) of this subsection.
(b) Boundary revisions; publication
The Secretary may make minor revisions of the park and preservation
district boundaries established under subsection (a)(1) of this section,
after consulting with the Commission and the city manager of Lowell, by
publication of a revised drawing or other boundary description in the
Federal Register; but no waters, lands, or other property outside of
the park or preservation district boundaries established under such
subsection may be added to the park or preservation district without the
consent of the city manager of Lowell and the city council of Lowell. A
boundary revision made under this subsection shall be effective only
after timely notice in writing is given to the Congress.
(Pub. L. 95-290, title I, 101, June 5, 1978, 92 Stat. 291.)
16 USC 410cc-12. Consultations, cooperation, and conduct of activities
by Federal entities; issuance of licenses or permits by Federal
entities
TITLE 16 -- CONSERVATION
(a) Activities directly affecting park
Any Federal entity conducting or supporting activities directly
affecting the park or preservation district shall --
(1) consult with, cooperate with, and to the maximum extent
practicable, coordinate its activities with the Secretary and with the
Commission; and
(2) conduct or support such activities in a manner which (A) to the
maximum extent practicable is consistent with the standards and criteria
established pursuant to section 410cc-32(e) of this title, and (B) will
not have an adverse effect on the resources of the park or preservation
district.
(b) Determination as to proposed activities
No Federal entity may issue any license or permit to any person to
conduct an activity within the park or preservation district unless such
entity determines that the proposed activity will be conducted in a
manner consistent with the standards and criteria established pursuant
to section 410cc-32(e) of this title and will not have an adverse effect
on the resources of the park or preservation district.
(Pub. L. 95-290, title I, 102, June 5, 1978, 92 Stat. 291.)
16 USC 410cc-13. Authorization of appropriations
TITLE 16 -- CONSERVATION
(a) General authority; maximum amounts
There are authorized to be appropriated such sums as may be necessary
to carry out this subchapter, except that --
(1) the total of the amounts authorized to be appropriated for the
purpose of acquisition and development under the park management plan
established pursuant to section 410cc-21(b) of this title and emergency
assistance under section 410cc-25(a)(1) of this title shall not exceed
$19,800,000; and
(2) the total of the amounts authorized to be appropriated for the
purpose of carrying out section 410cc-32(b)(2) of this title, for the
payment of grants and loans under section 410cc-33 of this title, for
the acquisition of property under section 410cc-34 of this title, and
for carrying out any transportation program and any educational and
cultural program described in section 410cc-32(c) of this title shall
not exceed $33,600,000.
(b) Commencement date
No funds shall be authorized pursuant to this section prior to
October 1, 1978.
(c) Availability of appropriations
Funds appropriated under subsection (a) of this section shall remain
available until expended.
(d) Aggregate amount of money expended; certifying statement to
Congress as limiting availability of appropriated amounts
(1) Within 60 days after June 5, 1978, and on each subsequent October
1 and March 1, the Secretary shall submit to the Congress a statement
certifying the aggregate amount of money expended by the Commonwealth of
Massachusetts, the city of Lowell, and by any nonprofit entity for
activities in the city of Lowell consistent with the purpose of this
subchapter during the period beginning on January 1, 1974, and ending on
the date such statement is submitted.
(2) The aggregate amount of funds made available by the Secretary to
the Commission from funds appropriated under subsection (a)(2) of this
section may not exceed the amount certified by the Secretary in the most
recent statement submitted to the Congress under paragraph (1) of this
subsection.
(Pub. L. 95-290, title I, 103, June 5, 1978, 92 Stat. 292; Pub. L.
100-134, 1(1), Oct. 16, 1987, 101 Stat. 810.)
1987 -- Subsec. (a). Pub. L. 100-134 substituted ''$19,800,000'' for
''$18,500,000'' in par. (1), and ''$33,600,000'' for ''$21,500,000'' in
par. (2).
Section 2 of Pub. L. 100-134 provided that:
''(a) In General. -- Except as provided in subsection (b), the
amendments made by section 1 (amending sections 410cc-13 and 410cc-31 of
this title) shall take effect on the date of the enactment of this Act
(Oct. 16, 1987).
''(b) Effective Date of Authorization of Appropriation. -- The
amendments made by section 1(1) (amending section 410cc-13 of this
title) shall take effect on October 1, 1987.''
16 USC 410cc-14. Funding limitations
TITLE 16 -- CONSERVATION
Notwithstanding any other provision of this subchapter, no authority
to enter into agreements or to make payments under this subchapter shall
be effective except to the extent, or in such amounts, as may be
provided in advance in appropriation Acts.
(Pub. L. 95-290, title I, 104, June 5, 1978, 92 Stat. 292.)
16 USC Part B -- Powers and Duties of Secretary
TITLE 16 -- CONSERVATION
16 USC 410cc-21. Park management plan
TITLE 16 -- CONSERVATION
(a) Submission date and contents of preparatory statement to Congress
The Secretary shall submit a statement to the Congress, within two
years after the date on which funds are made available to carry out this
subchapter, which --
(1) reports on the progress that the Secretary has made in acquiring
the properties identified under section 410cc-22 of this title, and
describes the way the Secretary intends to use these properties;
(2) identifies the properties within the park and preservation
district respecting which the Secretary has entered into or intends to
enter into agreements relating to interpretive exhibits or programs
under section 410cc-23(a) of this title;
(3)(A) reports on the progress of the Secretary in leasing a portion
of the Lowell Manufacturing Company, located on Market Street, for the
purpose of establishing a visitors' center in close proximity to parking
and other transportation facilities, and (B) identifies any other
property within the park which the Secretary has leased or intends to
lease for purposes of the park;
(4) reports any other activities which the Secretary has taken or
intends to take to carry out the purpose of this subchapter; and
(5) contains a tentative budget for the park and preservation
district for the subsequent five fiscal years.
(b) Establishment, submission date, contents, etc., of plan
(1) Not later than three years after the date on which funds are made
available to carry out this subchapter, the Secretary shall establish
and submit to the Congress a park management plan containing the
information described in subsection (a) of this section. Such plan
shall, upon request, be available to the public.
(2) After consulting with the Commission, the city manager of Lowell,
and the Commonwealth of Massachusetts, the Secretary may make revisions
in the park management plan established pursuant to paragraph (1) of
this subsection by publication of such revisions in the Federal
Register. A revision made under this paragraph shall be effective 90
days after written notice of the revision is submitted to the Congress.
(Pub. L. 95-290, title II, 201, June 5, 1978, 92 Stat. 292.)
16 USC 410cc-22. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Specified property; manner of acquisition
(1) The Secretary is authorized to acquire the properties designated
in paragraph (2) of this subsection, or any interest therein, by
donation, purchase with donated or appropriated funds, condemnation, or
otherwise. Any property or interest therein owned by the Commonwealth
of Massachusetts or any political subdivision thereof may be acquired
only by donation. The Secretary may initiate condemnation proceedings
under this paragraph only after making every reasonable effort to
acquire property through negotiations and purchase, and consulting with
the Commission (if established) and the city council of Lowell.
(2) The properties referred to in paragraph (1) of this subsection
are the following:
(A) The Linus Childs House, 63 Kirk Street.
(B) The H and H Paper Company (commonly referred to as Boott Mill
Boarding House), 42 French Street.
(C) Old City Hall, 226 Merrimack Street.
(D) Merrimack Gatehouse, 269 Merrimack Street.
(E) The Wannalancit Textile Company, 562 Suffolk Street.
(F) The structures containing the Jade Pagoda and Solomon's Yard
Goods, 210 and 200 Merrimack Street.
(b) Other property; criteria for acquisition; manner of acquisition
Until the date on which the Commission conducts its first meeting,
the Secretary may acquire any property within the park or preservation
district not designated in subsection (a)(2) of this section, or any
interest therein, if such property --
(1) is identified in the report of the Lowell Historical Canal
District Commission as a property which should be preserved, restored,
managed, developed, or maintained in a manner consistent with the
purpose of this subchapter;
(2) is listed in the National Register of Historic Places, as
maintained by the Secretary pursuant to section 470a(a) of this title,
and section 462(b) of this title; or
(3) is determined by the Secretary to be of national significance;
and would be subject to demolition or major alteration in a manner
inconsistent with the purposes of this subchapter unless acquired by the
Secretary. Such property may be acquired only as provided in subsection
(a)(1) of this section.
(c) Easements; manner of acquisition
The Secretary may acquire easements within the park for the purpose
of carrying out this subchapter. Such easements may be acquired only as
provided in subsection (a)(1) of this section.
(Pub. L. 95-290, title II, 202, June 5, 1978, 92 Stat. 293.)
16 USC 410cc-23. Agreements and technical assistance
TITLE 16 -- CONSERVATION
(a) Interpretative exhibits or programs
The Secretary may enter into agreements with any owner of property
with national historic or cultural significance within the park to
provide for interpretive exhibits or programs. Such agreements shall
provide, whenever appropriate, that --
(1) the public may have access to such property at specified,
reasonable times for purposes of viewing such property or the exhibits
or attending the programs established by the Secretary under this
subsection; and
(2) the Secretary may make such minor improvements to such property
as the Secretary deems necessary to enhance the public use and enjoyment
of such property, exhibits, and programs.
(b) Request for assistance
(1) The Secretary shall provide, upon request, technical assistance
to --
(A) the city of Lowell to assist the city in establishing regulations
or laws consistent with the standards and criteria established pursuant
to section 410cc-32(e) of this title; and
(B) the Commission to assist the Commission in establishing the index
and the standards and criteria required by section 410cc-32 of this
title.
(2) The Secretary may provide to any owner of property within the
park or preservation district, the Commission, the Commonwealth of
Massachusetts, the city of Lowell, and any other Federal entity or any
institution such technical assistance as the Secretary considers
appropriate to carry out the purpose of this subchapter.
(Pub. L. 95-290, title II, 203, June 5, 1978, 92 Stat. 294.)
16 USC 410cc-24. Withholding of funds; criteria
TITLE 16 -- CONSERVATION
The Secretary may refuse to obligate or expend any money appropriated
for the purposes described in section 410cc-13(a)(1) or section
410cc-13(a)(2) of this title if the Secretary determines that --
(a) the city of Lowell has failed to establish regulations or laws
consistent with the standards and criteria established pursuant to
section 410cc-32(e) of this title within one year after the date such
standards and criteria have been established, except that the Secretary
may extend such one-year period for not more than six months if the
Secretary determines that the city has made a good faith effort to
establish such regulations or laws;
(b) the city of Lowell has failed to notify the Commission of (1)
applications for building permits or zoning variances respecting any
property which is included in the index established pursuant to section
410cc-32(d) of this title, or (2) any proposals of the city of Lowell to
change the regulations or laws described in paragraph (c)(1) of this
subsection;
(c)(1) during the period before the city of Lowell has established
regulations or laws consistent with the standards and criteria
established pursuant to section 410cc-32(e) of this title, the city of
Lowell has granted any building permit or zoning variance or has taken
any other action respecting any property within the park or preservation
district, which either the Secretary or the Commission consider to be
inconsistent with such standards and criteria;
(2) after the city of Lowell has established the regulations or laws
described in subparagraph (1) of this paragraph, the city of Lowell has
granted any building permit or zoning variance or has taken any other
action respecting any property within the park or preservation district,
which either the Secretary or the Commission consider to be inconsistent
with such regulations or laws; or
(d) the Commission has not made good faith efforts to (1) provide for
the preservation, restoration, management, development, or maintenance
of property within the park and preservation district or (2) carry out
the park preservation plan approved under section 410cc-32 of this
title.
(Pub. L. 95-290, title II, 204, June 5, 1978, 92 Stat. 294.)
16 USC 410cc-25. Administrative functions
TITLE 16 -- CONSERVATION
(a) Implementation of park management plan; emergency assistance for
protection of property owners; availability of funds for Commission
(1) The Secretary, acting through the National Park Service, shall
take appropriate actions to implement to the extent practicable the park
management plan established pursuant to section 410cc-21(b) of this
title. In carrying out such plan, the Secretary shall administer the
park in accordance with laws, rules, and regulations applicable to the
national park system. Before the date on which the Commission conducts
its first meeting, the Secretary may take any other action the Secretary
deems necessary to provide owners of property with national historic or
cultural significance within the park or preservation district with
emergency assistance for the purpose of preserving and protecting their
property in a manner consistent with the purpose of this subchapter.
(2) Subject to sections 410cc-24 and 410cc-32(b) of this title, the
Secretary shall make available to the Commission any funds appropriated
under section 410cc-13(a)(2) of this title for the purpose of carrying
out part C of this subchapter.
(b) Acceptance of donations of funds, property, or services for
implementation of park management plan
Notwithstanding any other provisions of law, the Secretary may accept
donations of funds, property, or services from individuals, foundations,
corporations, and other private entities, and from public entities, for
the purpose of implementing the park management plan.
(c) Sponsorship or coordination of educational or cultural programs
The Secretary may sponsor or coordinate within the park and
preservation district such educational or cultural programs as the
Secretary considers appropriate to encourage appreciation of the
resources of the park and preservation district.
(d) Acquisition of leases
The Secretary may acquire such leases respecting property within the
park as may be necessary to carry out the purpose of this subchapter.
(Pub. L. 95-290, title II, 205, June 5, 1978, 92 Stat. 295.)
16 USC Part C -- Powers and Duties of Preservation Commission
TITLE 16 -- CONSERVATION
16 USC 410cc-31. Lowell Historic Preservation Commission
TITLE 16 -- CONSERVATION
(a) Establishment and administrative role; composition of membership
There is established within the Department of the Interior a
commission to be known as the Lowell Historic Preservation Commission
which shall administer the preservation district and provide certain
services within the park in accordance with this part. The Commission
shall consist of fifteen members appointed by the Secretary as follows:
(1) Three members who are members of the city council of Lowell,
appointed from recommendations made by the mayor of Lowell.
(2) Three members appointed from recommendations made by the city
manager of Lowell of persons who are representative of organized labor,
the business community, local neighborhoods, and cultural institutions,
and who are not elected officials.
(3) One member appointed from recommendations made by the president
of the University of Lowell.
(4) Three members appointed from recommendations made by the Governor
of the Commonwealth of Massachusetts.
(5) One member appointed from recommendations made by the Secretary
of Commerce and who shall be an employee of the Department of Commerce.
(6) One member appointed from recommendations made by the Secretary
of Transportation and who shall be an employee of the Department of
Transportation.
(7) One member appointed from recommendations made by the Secretary
of Housing and Urban Development and who shall be an employee of the
Department of Housing and Urban Development.
(8) Two members who are qualified to serve on the Commission because
of their familiarity with programs of the Department of the Interior
involving national parks and historic preservation and who shall be an
employee of the Department of the Interior.
(b) Continuation of status as appointed member for member leaving
government office or becoming elected official of government; duration
If any member of the Commission who was appointed to the Commission
under paragraph (1) or (4) of subsection (a) of this section as a member
of the city council of Lowell or any other government leaves that
office, or if any member of the Commission who was appointed from
persons who are not elected officials of any government becomes an
elected official of a government, such person may continue as a member
of the Commission for not longer than the thirty-day period beginning on
the date such person leaves that office or becomes such an elected
official, as the case may be.
(c) Terms of office and reappointment of members
(1) Except as provided in paragraph (2) of this subsection, members
shall be appointed for terms of two years. A member may be reappointed
only three times unless such member was originally appointed to fill a
vacancy pursuant to subsection (e)(1) of this section, in which case
such member may be reappointed four times.
(2) Of the members first appointed pursuant to subsection (a) of this
section, the following shall be appointed for terms of three years:
(A) The members appointed pursuant to paragraphs (2), (3), and (8) of
such subsection.
(B) One of the members appointed pursuant to paragraph (4) of such
subsection, as designated by the Secretary at the time of appointment
upon recommendation of the Governor.
(d) Chairman; election by members; term of office
The chairman of the Commission shall be elected by the members of the
Commission. The term of the chairman shall be two years.
(e) Vacancies; appointment and term of office; service after
expiration of term
(1) Any vacancy in the Commission shall be filled in the same manner
in which the original appointment was made.
(2) Any member appointed to fill a vacancy shall serve for the
remainder of the term for which his predecessor was appointed. Any
member may serve after the expiration of his term until his successor is
appointed.
(f) Quorum and holding of hearings
Eight members of the Commission shall constitute a quorum, but a
lesser number may hold hearings.
(g) Meetings
The Commission shall meet at least once each month, at the call of
the chairman or a majority of its members.
(h) Compensation; travel expenses and per diem
(1) Except as provided in paragraph (2) of this subsection, members
of the Commission shall each be entitled to receive $100 for each day
(including travel time) during which they are engaged in the performance
of the duties of the Commission.
(2) Members of the Commission who are full-time officers or employees
of the United States, the city of Lowell, or the Commonwealth of
Massachusetts shall receive no additional pay on account of their
service on the Commission.
(3) While away from their homes or regular places of business in the
performance of services for the Commission, members of the Commission
shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in
the Government service are allowed expenses under section 5703 of title
5.
(i) Termination
The Commission established pursuant to this subchapter shall cease to
exist seventeen years from June 5, 1978.
(Pub. L. 95-290, title III, 301, June 5, 1978, 92 Stat. 295; Pub.
L. 100-134, 1(2), (3), Oct. 16, 1987, 101 Stat. 810.)
1987 -- Subsec. (e)(2). Pub. L. 100-134, 1(2), substituted ''until
his successor is appointed'' for ''for a period not longer than thirty
days''.
Subsec. (i). Pub. L. 100-134, 1(3), substituted ''seventeen'' for
''ten''.
16 USC 410cc-32. Park preservation plan and index
TITLE 16 -- CONSERVATION
(a) Submission by Commission and approval or disapproval by Secretary
of draft and final plans; procedures applicable; revisions in approved
plan
(1) Within one year after the date on which the Commission conducts
its first meeting, the Commission shall submit to the Secretary a draft
park preservation plan meeting the requirements of subsection (c) of
this section. The Secretary shall review the draft park preservation
plan and, within ninety days after the date on which such plan is
submitted to the Secretary, suggest appropriate changes in such plan to
the Commission.
(2) Within eighteen months after the date on which the Commission
conducts its first meeting, the Commission shall submit to the Secretary
a park preservation plan which meets the requirements of subsection (c)
of this section. The Secretary shall, within ninety days after the date
on which such plan is submitted to the Secretary, approve or disapprove
such plan. The Secretary may not approve such plan unless the Secretary
determines that such plan would adequately carry out the purpose of this
subchapter.
(3) If the Secretary disapproves a park preservation plan, the
Secretary shall advise the Commission of the reasons for such
disapproval together with the recommendations of the Secretary for
revision of such plan. Within such period as the Secretary may
designate, the Commission shall submit a revised park preservation plan
to the Secretary. The Secretary shall approve or disapprove any revised
park preservation plan in the same manner as required in paragraph (2)
of this subsection for the approval or disapproval of the original park
preservation plan.
(4) If the Secretary approves a park preservation plan, the Secretary
shall publish notice of such approval in the Federal Register and shall
forward copies of the approved plan to the Congress.
(5) Any park preservation plan or draft plan submitted to the
Secretary under this subsection shall, upon request, be available to the
public.
(6) No changes other than minor revisions may be made in the approved
park preservation plan without the approval of the Secretary. The
Secretary shall approve or disapprove any proposed change in the
approved park preservation plan, except minor revisions in the same
manner as required in paragraph (2) of this subsection for the approval
or disapproval of the original park preservation plan.
(b) Funding availability and requirements for plan implementation,
activities, etc.
(1) Except as provided in paragraph (2) of this subsection, the
Secretary shall not make any funds available to the Commission to carry
out section 410cc-33 or 410cc-34 of this title until a park preservation
plan has been approved under subsection (a) of this section.
(2) Before a park preservation plan is approved under subsection (a)
of this section, the Secretary may make available to the Commission such
funds as the Commission may request to carry out any activity specified
in paragraph (3) of this section. However, no funds shall be made
available under this paragraph unless a proposal describing such
activity is reviewed and approved by the Secretary.
(3) The Commission may request funds from the Secretary to --
(A) carry out activities to preserve, restore, manage, develop, or
maintain any property identified in subsection (c)(1) of this section;
(B) take any action the Commission considers necessary to provide
owners of property with national historical or cultural significance
within the park or preservation district with emergency assistance for
the purpose of preserving and protecting their property in a manner
consistent with the purpose of this subchapter; or
(C) acquire in accordance with section 410cc-34 of this title, any
property within the park which --
(i) is identified in the report of the Lowell Historic Canal District
Commission as a property which should be preserved, restored, managed,
developed, or maintained in a manner consistent with the purpose of this
subchapter;
(ii) is listed in the National Register of Historic Places, as
maintained by the Secretary pursuant to section 470a(a) of this title,
and section 462(b) of this title; or
(iii) is determined by the Secretary to be of national significance;
and would be subject to demolition or major alteration in a manner
inconsistent with the purpose of this subchapter unless acquired by the
Commission.
(c) Requirements for plan
Any plan submitted to the Secretary under subsection (a) of this
section shall --
(1) describe the manner in which the Commission, to the extent
practicable in accordance with the recommendations in the report of the
Lowell Historic Canal District Commission, proposes to provide for the
preservation, restoration, management, development, or maintenance of --
(A) the Welles Block, 169 Merrimack Street;
(B) the Jordan Marsh Company Building, 153 Merrimack Street and 15
Kirk Street;
(C) the Yorick Club, 91 Dutton Street;
(D) the Lowell Gas Light Company, 22 Shattuck Street;
(E) St. Anne's Church and Rectory, 237 Merrimack Street;
(F) Lowell Institution for Savings, 18 Shattuck Street;
(G) the Ahepa Building, 31 Kirk Street;
(H) Boott Mill, Foot of John Street;
(I) Lowell Manufacturing Company on Market Street; and
(J) the structure commonly referred to as the Early Residence, 45,
47, and 49 Kirk Street;
(2) identify the properties included in the index established
pursuant to subsection (d) of this section;
(3) identify the properties which the Commission intends to acquire
under section 410cc-34 of this title and specify how such properties
shall be used;
(4) include the standards and criteria established pursuant to
subsection (e) of this section;
(5) provide a detailed description of the manner in which the
Commission intends to implement the grant and loan programs under
section 410cc-33 of this title, including information relating to the
estimated amount of such grants and the manner in which such grants
shall be awarded by the Commission;
(6) provide for a transportation program by which the Commission
shall provide, directly or by agreement with any person or any public or
private entity, transportation services and facilities for park and
preservation district visitors, including barge equipment, docking
facilities, and local rail facilities;
(7) provide for educational and cultural programs to encourage
appreciation of the resources of the park and preservation district;
and
(8) include a tentative budget for the subsequent five fiscal years.
(d) Establishment and contents of index; modification of index
The Commission shall establish, within one year after the date on
which the Commission conducts its first meeting, an index which includes
--
(1) any property in the park or preservation district (except for any
property identified in section 410cc-21(a)(2) of this title) which
should be preserved, restored, managed, developed, maintained, or
acquired by the Commission because of its national historic or cultural
significance; and
(2) any property which should be preserved, restored, managed,
developed, or maintained in a manner compatible with the purpose of this
subchapter because of its proximity to (A) any property referred to in
paragraph (1) of this subsection, or (B) any property designated in
section 410cc-21(a)(2) of this title.
The index may be modified only by a majority vote of the members of
the Commission, taken when a quorum is present.
(e) Standards and criteria for construction, preservation, etc., of
properties within preservation district and park; authorization;
establishment; revisions; publication in Federal Register
(1) The Commission shall establish standards and criteria applicable
to the construction, preservation, restoration, alteration, and use of
all properties within the preservation district with the advice of the
Commonwealth of Massachusetts and of the Secretary, and the consent of
the city manager of Lowell.
(2) The Commission shall establish the standards and criteria
described in paragraph (1) of this subsection for any property within
the park with the advice of the Commonwealth of Massachusetts and the
city manager of Lowell and subject to the review and approval of the
Secretary.
(3) The Commission shall establish standards and criteria under
paragraphs (1) and (2) of this subsection within one year after the date
on which the Commission conducts its first meeting. Such standards and
criteria may be revised in the same manner in which they were originally
established.
(4) The Secretary shall publish the standards and criteria
established under paragraphs (1) and (2) of this subsection, and any
revisions thereof, in the Federal Register.
(Pub. L. 95-290, title III, 302, June 5, 1978, 92 Stat. 297.)
16 USC 410cc-33. Financial and technical assistance
TITLE 16 -- CONSERVATION
(a) Loans to Lowell Development and Financial Corporation for loans
for preservation, etc., of property; terms of loan agreement with
corporation; determination of compliance by corporation with
requirements for loans; repayment by corporation
The Commission may make loans to the Lowell Development and Financial
Corporation (established under chapter 844 of the Massachusetts General
Laws and hereinafter referred to as the ''corporation'') to enable the
corporation to provide low interest loans for the preservation,
restoration, or development of any property described in section
410cc-32(d)(1) of this title. The Commission may make any such loan to
the corporation only after entering into a loan agreement with the
corporation which includes the following terms:
(1) The loan to the corporation shall have a maturity of thirty-five
years. At the end of such period, the corporation shall repay to the
Secretary of the Treasury (in a lump sum) for deposit in the general
fund of the Treasury the full amount of the loan and any additional
amounts accruing to the corporation pursuant to this subsection
excepting those amounts expended by the corporation for reasonable
administrative expenses.
(2) The money received from the Commission, and any interest earned
on such money, may be obligated by the corporation only for low interest
loans made under paragraphs (6) and (7) of this subsection, except that
the corporation may use such money to the extent the Commission
considers reasonable to satisfy the costs of the corporation in
administering the loan or procuring loan guarantees or insurance.
(3) Within five years after receiving the loan from the Commission,
the corporation shall make loans under paragraphs (6) and (7) of this
subsection which, in the aggregate, obligate the full amount of money
received from the Commission (minus any amount required to satisfy the
costs described in paragraph (2) of this subsection).
(4) As loans made under paragraphs (6) and (7) of this subsection are
repaid, the corporation shall make additional loans under such
paragraphs with the money made available for obligation by such
repayments.
(5) The corporation shall make available to the Commission and to the
Secretary, upon request, all accounts, financial records, and other
information related to loans made under paragraphs (6) and (7) of this
subsection.
(6) Before the corporation approves any application for a low
interest loan for which money has been made available to the corporation
by the Commission, the corporation shall require the prospective
borrower to furnish the corporation with a statement from the Commission
stating that the Commission has reviewed the application and has
determined that any loan received by the prospective borrower will be
spent in a manner consistent with --
(A) the standards and criteria established pursuant to section
410cc-32(e) of this title, and
(B) the goals of the park preservation plan approved under section
410cc-32(a) of this title.
(7) The corporation may approve any application for a low interest
loan which meets the terms and conditions prescribed by the corporation
with the approval of the Commission and for which money has been made
available to the corporation by the Commission if --
(A) the prospective borrower furnishes the corporation with the
statement described in paragraph (6) of this subsection;
(B) the corporation determines that such borrower has sufficient
financial resources to repay the loan; and
(C) such borrower satisfies any other applicable credit criteria
established by the corporation.
In order to determine whether the corporation has complied with this
subsection, the Commission, or such other appropriate person or entity
as the Commission may designate, shall conduct an audit at least once
every two years of all accounts, financial records, and other
information related to loans made under paragraphs (6) and (7) of this
subsection. If the Commission determines, after conducting a hearing on
the record, that the corporation has substantially failed to comply with
this subsection, the outstanding balance of any loan made to the
corporation under this subsection shall become payable in full upon the
demand of the Commission.
(b) Grants to property owners for preservation, etc., of property;
grants to persons or public or private entities for educational and
cultural programs or for necessary services; terms of grant agreements;
recovery of amounts for inconsistent uses
(1) The Commission may make grants to owners of property described in
section 410cc-32(d)(1) of this title for the preservation, restoration,
management, development, or maintenance of such property in a manner
consistent with the standards and criteria established pursuant to
section 410cc-32(e) of this title.
(2) The Commission, with the approval of the Secretary, may make
grants to any person or any public or private entity to provide for (i)
educational and cultural programs which encourage appreciation of the
resources of the park and preservation district, or (ii) any planning,
transportation, maintenance, or other services the Commission considers
necessary to carry out the purposes of this subchapter.
(3) Grants under this subsection shall be made under agreements which
specify the amount of the grant, the installments (if any) by which the
grant shall be paid to the grant recipient, the purpose for which the
grant may be used, and any other condition the Commission considers
appropriate. The Commission shall be entitled, under the terms of any
grant agreement, to recover from the recipient any funds used in a
manner inconsistent with such grant agreement.
(c) Technical assistance to property owners, etc.
The Commission with the advice of the Secretary may provide technical
assistance to --
(1) owners of property within the park or preservation district to
assist such owners in (A) making repairs to or improvements in any
property included in the index established pursuant to section
410cc-32(d) of this title, or (B) applying for loans under subsection
(a) of this section; and
(2) any other person or public or private entity to assist such
person or entity in taking actions consistent with the purpose of this
subchapter.
(d) Availability to Secretary of all accounts, financial records, and
other information relating to loans and grants
The Commission shall make available to the Secretary, upon request,
all accounts, financial records, and other information of the Commission
relating to grants and loans made under this section.
(e) Annual report to Congress; contents
The Secretary shall make an annual report to the Congress describing
the loans, grants, and technical assistance provided under this section
and under section 410cc-23 of this title. Such report shall specify the
amount, recipient, and purpose of any loan, grant or technical
assistance so provided and contain such additional information as the
Secretary considers appropriate.
(Pub. L. 95-290, title III, 303, June 5, 1978, 92 Stat. 300.)
16 USC 410cc-34. Acquisition and disposition of property
TITLE 16 -- CONSERVATION
(a) Acquisition of specified property; manner of acquisition
(1) The Commission may acquire any property designated in paragraph
(3) of this subsection, any property described in section 410cc-32(d)(
1) of this title, or any interest therein, by donation, by purchase with
donated or appropriated funds, or by condemnation in accordance with
paragraph (2) of this subsection.
(2) Only properties within the park or property designated in
paragraph (3) of this subsection may be acquired by the Commission by
condemnation. The Commission may initiate condemnation proceedings only
after making every reasonable effort to acquire any such property
through negotiations and purchase and consulting with the city council
of Lowell. No lands or interests therein may be acquired by the
Commission by condemnation without the approval of the Secretary.
(3) The Commission may acquire in accordance with paragraph (1) of
this subsection the following properties, or any interest therein:
(A) World Furniture Building, 125 Central Street; and
(B) The Martin Building, 102-122 Central Street.
(b) Sale or lease of specified property; conditions
The Commission, with the approval of the Secretary, may sell or lease
any property which it acquires under subsection (a) of this section
subject to such deed restrictions or other conditions as the Commission
deems appropriate to carry out the purpose of this subchapter.
(c) Agreement for disposal of specified property to Commonwealth of
Massachusetts; purposes of transfers
Pursuant to a written agreement between the Commission and the
Commonwealth of Massachusetts, the Commission, with the approval of the
Secretary, may sell, donate, lease, or in any other manner the
Commission and the Secretary deem appropriate make available to the
Commonwealth any property which the Commission has acquired under
subsection (a) of this section in order to provide for the
administration or maintenance of such property by the Commonwealth in a
manner consistent with the purpose of this subchapter.
(Pub. L. 95-290, title III, 304, June 5, 1978, 92 Stat. 302.)
16 USC 410cc-35. Powers of Commission
TITLE 16 -- CONSERVATION
(a) Conduct of hearings, etc.
The Commission may for the purpose of carrying out this subchapter
hold such hearings, sit and act at such times and places, take such
testimony, and receive such evidence, as the Commission may deem
advisable. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Authorization of action by member or agent
When so authorized by the Commission, any member or agent of the
Commission may take any action which the Commission is authorized to
take by this section.
(c) Receipt of necessary information from other Federal departments
or agencies; information furnished upon request by chairman
Subject to section 552a of title 5, the Commission may secure
directly from any department or agency of the United States information
necessary to enable it to carry out this subchapter. Upon request of
the chairman of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(d) Authorization to seek and accept donations of funds, property, or
services
Notwithstanding any other provision of law, the Commission may seek
and accept donations of funds, property, or services from individuals,
foundations, corporations, and other private entities, and from public
entities, for the purpose of carrying out its duties.
(e) Use of funds for obtaining additional moneys
The Commission may use its funds to obtain money from any source
under any program or law requiring the recipient of such money to make a
contribution in order to receive such money.
(f) Use of mails
The Commission may use the United States mails in the same manner and
upon the same conditions as other departments and agencies of the United
States.
(g) Purchase, rental, donation, etc., of property, facilities, and
services; manner of acquisition; transfers to Department of the
Interior upon termination of Commission
The Commission may obtain by purchase, rental, donation, or
otherwise, such property, facilities, and services as may be needed to
carry out its duties. Any acquisition of property by the Commission
shall be in accordance with section 410cc-34 of this title: Provided,
however, That the Commission may not acquire lands or interests therein
pursuant to this subsection by condemnation. Upon the termination of
the Commission, all property, personal and real, and unexpended funds
shall be transferred to the Department of the Interior.
(Pub. L. 95-290, title III, 305, June 5, 1978, 92 Stat. 302.)
16 USC 410cc-36. Staff of Commission
TITLE 16 -- CONSERVATION
(a) Appointment and compensation of Director
The Commission shall have a Director who shall be appointed by the
Commission and who shall be paid at a rate not to exceed the rate of pay
payable for grade GS-15 of the General Schedule.
(b) Appointment and compensation of additional personnel
The Commission may appoint and fix the pay of such additional
personnel as the Commission deems desirable.
(c) Applicability of civil service provisions to appointment and
compensation of Director and staff
The Director and staff of the Commission may be appointed without
regard to the provisions of title 5 governing appointments in the
competitive service, and may be paid without regard to the provisions of
chapter 51, and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no individual
so appointed may receive pay in excess of the annual rate of basic pay
payable for grade GS-15 of the General Schedule.
(d) Temporary or intermittent services; procurement and compensation
Subject to such rules as may be adopted by the Commission, the
Commission may procure temporary and intermittent services to the same
extent as is authorized by section 3109(b) of title 5, but at rates
determined by the Commission to be reasonable.
(e) Detail of personnel from other Federal agencies represented by
members on Commission; reimbursement by Commission; administrative
support services by Administrator of General Services Administration;
reimbursement by Commission
(1) Upon request of the Commission, the head of any Federal agency
represented by members on the Commission may detail, on a reimbursable
basis, any of the personnel of such agency to the Commission to assist
it in carrying out its duties under this subchapter.
(2) The Administrator of the General Services Administration shall
provide to the Commission on a reimbursable basis such administrative
support services as the Commission may request.
(Pub. L. 95-290, title III, 306, June 5, 1978, 92 Stat. 303.)
GS-15 of the General Schedule, referred to in subsecs. (a) and (c),
is set out under section 5332 of Title 5, Government Organization and
Employees.
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (c), are classified generally to
section 3301 et seq. of Title 5.
16 USC 410cc-37. Use of funds; maintenance of financial records;
audits
TITLE 16 -- CONSERVATION
(a) Any revenues or other assets acquired by the Commission by
donation, the lease or sale of property or fees for services shall be
available to the Commission, without fiscal year limitation, to be used
for any function of the Commission authorized under this subchapter.
The Commission shall keep financial records fully disclosing the amount
and source of revenues and other assets acquired by the Commission, and
shall keep such other financial records as the Secretary may prescribe.
(b) The Secretary shall require audits of the financial records of
the Commission to be conducted not less frequently than once each year
in order to ensure that revenues and other assets of the Commission are
being used in a manner authorized under this subchapter.
(Pub. L. 95-290, title III, 307, as added Pub. L. 96-344, 10, Sept.
8, 1980, 94 Stat. 1136.)
16 USC SUBCHAPTER LIX-B -- WAR IN THE PACIFIC NATIONAL HISTORICAL PARK
TITLE 16 -- CONSERVATION
16 USC 410dd. Establishment
TITLE 16 -- CONSERVATION
(a) Statement of purposes
In order to commemorate the bravery and sacrifice of those
participating in the campaigns of the Pacific theater of World War II
and to conserve and interpret outstanding natural, scenic, and historic
values and objects on the island of Guam for the benefit and enjoyment
of present and future generations, the War in the Pacific National
Historical Park (hereinafter in this section referred to as the
''park'') is hereby established.
(b) Boundaries; revisions of boundary; publication in Federal
Register
The boundaries of the park shall be as generally depicted on the
drawing entitled ''Boundary Map, War in the Pacific National Historical
Park, Guam'' numbered P-24-80,000-B and dated March 1978, which shall be
on file and available for inspection in the offices of the National Park
Service, Department of the Interior. Following ninety days notice to
the Committee on Interior and Insular Affairs of the House of
Representatives and to the Committee on Energy and Natural Resources of
the Senate, the Secretary may make minor revisions of the boundary of
the park by publication of a revised map in the Federal Register.
(c) Acquisition of lands and interests therein; manner of
acquisition
Within the boundaries of the park, the Secretary may acquire lands
and interests therein by donation, purchase with donated or appropriated
funds, exchange, or transfer.
(d) Identification, etc., of other points relevant to park
Other points on the island of Guam relevant to the park may be
identified, established, and marked by the Secretary in agreement with
the Governor of Guam.
(e) Administration of property
The Secretary shall administer property acquired in accordance with
the laws generally applicable to the management of units of the National
Park System.
(f) Assistance of appropriate historians for interpretation of
historical aspects; language requirements for interpretative activities
The Secretary is authorized to seek the assistance of appropriate
historians to interpret the historical aspects of the park. To the
greatest extent possible, interpretative activities will be conducted in
the following three languages: English, Chamorro, and Japanese.
(g) Negotiations for berthing and interpretation of naval vessel
appropriate for accessibility to public
The Secretary is authorized to enter into negotiations with the
Secretary of Defense for the berthing and interpretation of a naval
vessel of World War II vintage which shall be accessible to the public
on the island of Guam.
(h) Development and transmission of general management plan to
Congressional committees; conduct and transmission of study to
Congressional committees; contents
Within two years from August 18, 1978, the Secretary shall develop
and transmit to the committees named in subsection (b) of this section a
general management plan for the national historical park consistent with
the purposes of this section. Within five years from August 18, 1978,
the Secretary, through the Director of the National Park Service, shall
conduct and transmit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Interior and Insular Affairs of the
House of Representatives a study of additional areas and sites
associated with the Pacific campaign of World War II. The study shall
contain a description and evaluation of each area or site, and an
estimated cost of acquisition, development, and maintenance of the area
or site, if appropriate, together with such additional authority as may
be needed to enable him to implement his recommendations. The Secretary
shall concentrate his study within Guam and the Northern Mariana
Islands, but shall also investigate additional areas and sites within
the Trust Territory of the Pacific Islands to the extent possible, and
may include other areas and sites in the Pacific area if practicable.
(i) Employment and training of residents of Guam or Northern Mariana
Islands for development, maintenance, and administration
The Secretary is authorized and directed, to the maximum extent
feasible, to employ and train residents of Guam or of the Northern
Mariana Islands to develop, maintain, and administer the park.
(j) Fees or charges prohibited
Notwithstanding any provision of law to the contrary, no fee or
charge shall be imposed for entrance or admission into the War in the
Pacific National Historical Park.
(k) Authorization of appropriations
For the purposes of the park established under this section,
effective October 1, 1978, there are authorized to be appropriated such
sums as may be necessary, but not to exceed $16,000,000 for the
acquisition of lands or interests in lands and $500,000 for development.
(Pub. L. 95-348, 6, Aug. 18, 1978, 92 Stat. 492.)
Pub. L. 100-202, 101(g) (title I), Dec. 22, 1987, 101 Stat.
1329-213, 1329-222, provided in part: ''That any Federally-owned land
in War in the Pacific National Historical Park that hereafter becomes
excess to the needs of the administering agency shall be transferred to
the jurisdiction of the National Park Service, without reimbursement,
for purposes of the park.''
16 USC SUBCHAPTER LIX-C -- SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK
TITLE 16 -- CONSERVATION
16 USC 410ee. Establishment
TITLE 16 -- CONSERVATION
(a) Composition; boundary revisions
In order to provide for the preservation, restoration, and
interpretation of the Spanish Missions of San Antonio, Texas, for the
benefit and enjoyment of present and future generations of Americans,
there is hereby established the San Antonio Missions National Historical
Park (hereafter in this section referred to as the ''park'') consisting
of Concepcion, San Jose, San Juan, and Espada Missions, together with
areas and features historically associated therewith, as generally
depicted on the drawing entitled ''Boundary Map, San Antonio Missions
National Historical Park'', numbered 930-80,022-C and dated May 1978,
which shall be on file and available for public inspection in the
offices of the National Park Service, Department of the Interior, and in
the offices of the Superintendent of the park. The park shall also
consist of the lands and interests therein within the area bounded by
the line depicted as ''Proposed Boundary Extension'' on the maps
entitled ''San Antonio Missions National Historical Park'', numbered
472-80,075, 472-80,076, 472-80,077, 472-80,078, 472-80,079, 472-80,080,
and 472-80,081 and dated June 7, 1990, which shall be on file and
available for public inspection in the same manner as is such drawing.
After advising the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Interior and Insular Affairs
of the United States House of Representatives, in writing, the Secretary
of the Interior (hereinafter referred to as the ''Secretary'') may make
minor revisions of the boundaries of the park when necessary by
publication of a revised drawing or other boundary description in the
Federal Register.
(b) Acquisition of lands and interests; cooperative agreements;
submittal to Department of Justice
For the purposes of this section, the Secretary is authorized --
(1) to acquire by donation, purchase with donated or appropriated
funds, or exchange, lands and interests therein constituting the
following generally described areas in the historic missions district of
the city of San Antonio, Texas --
(A) Mission San Jose y San Miguel de Aguayo;
(B) Mission Nuestra Senora de la Purisima Concepcion de Acuna;
(C) Mission San Francisco de la Espada;
(D) Espada Acequia, the section of approximately five miles along the
west side of and parallel to the San Antonio River;
(E) Espada Dam and Aqueduct;
(F) Mission San Juan Capistrano;
(G) San Juan Acequia, on the east side of the San Antonio River;
and
(H) such lands and interests therein which the Secretary determines
are necessary or desirable to provide for public access to, and
interpretation and protection of, the foregoing; and
(2) to enter cooperative agreements with the owners of any historic
properties, including properties referred to in paragraph (1), in
furtherance of the purposes of this section.
Each agreement under paragraph (2) shall provide among other things
that the owner will hold and preserve the historic property in
perpetuity and will not undertake or permit the alteration or removal of
historic features or the erection of markers, structures, or buildings
without the prior concurrence of the Secretary, and that the public
shall have reasonable access to those portions of the property to which
access is necessary in the judgment of the Secretary for the proper
appreciation and interpretation of its historical and architectural
value. Pursuant to such cooperative agreements and notwithstanding any
other provision of law to the contrary the Secretary may, directly or by
contract, construct, reconstruct, rehabilitate, or develop such
buildings, structures, and related facilities including roads, trails,
and other interpretive facilities on real property not in Federal
ownership and may maintain and operate programs in connection therewith
as he deems appropriate. Any lands or interest therein owned by the
Catholic Archdiocese of San Antonio, the State of Texas, or any
political subdivision of such State, including the San Antonio River
Authority, may be acquired by donation only: Provided, That the
Secretary shall submit all proposed cooperative agreements to the
Department of Justice for a determination that the proposed agreements
do not violate the constitutional provisions regarding the separation of
church and state.
(c) Retention of rights by owners; compensation for property;
termination of rights; ''improved property'' defined
(1) With the exception of any property deemed necessary by the
Secretary for visitor facilities or administration of the park, any
owner or owners of improved property on the date of its acquisition by
the Secretary may, as a condition of such acquisition, retain for
themselves and their successors or assigns a right of use and occupancy
of the property for noncommercial residential purposes, for twenty-five
years, or, in lieu thereof, for a term ending at the death of the owner
or his spouse, whichever is later. The owner shall elect the term to be
reserved. The Secretary shall pay to the owner the fair market value of
the property on the date of such acquisition less the fair market value
on such date of the right retained by the owner.
(2) A right of use and occupancy retained or enjoyed pursuant to this
subsection may be terminated with respect to the entire property by the
Secretary upon his determination that the property or any portion
thereof had ceased to be used for noncommercial residential purposes and
upon tender to the holder of a right an amount equal to the fair market
value, as of the date of tender, of that portion of the right which
remains unexpired on the date of termination.
(3) The term ''improved property'', as used in this subsection, shall
mean a detached, noncommercial residential dwelling, the construction of
which was begun before January 1, 1978 (hereinafter referred to as a
''dwelling''), together with so much of the land on which the dwelling
is situated, the said land being in the same ownership as the dwelling,
as the Secretary shall designate to be reasonably necessary for the
enjoyment or /1/ the dwelling for the sole purpose of noncommercial
residential use, together with any structures accessory to the dwelling
which are situated on the land so designated.
(d) Protection and preservation of historical and architectural
values; administration
The Secretary is authorized and directed to take prompt and
appropriate action in accordance with the provisions of this section and
any cooperative agreement hereunder to assure the protection and
preservation of the historical and architectural values of the missions
and the areas and features historically associated therewith within the
boundaries of the park. The park shall be administered by the Secretary
in accordance with this section and provisions of law generally
applicable to units of the National Park System, including sections 1
and 2 to 4 of this title and sections 461 to 467 of this title.
(e) San Antonio Missions Advisory Commission; membership; Chairman;
vacancies; compensation and expenses; meeting and consultation
between Secretary and Advisory Commission; termination
(1) There is hereby authorized to be established by the Secretary, a
San Antonio Missions Advisory Commission. The Commission shall be
composed of eleven members, each appointed for a term of two years by
the Secretary, as follows:
(A) one member to be appointed from recommendations made by the
Governor of the State of Texas;
(B) one member to be appointed from recommendations made by the
County Commissioners of Bexar County, Texas;
(C) one member to be appointed from recommendations made by the City
Council of the City of San Antonio, Texas;
(D) one member to be appointed to represent non-Federal property
owners whose property is operated and maintained in accordance with
cooperative agreements with the Secretary pursuant to subsection (b)(2)
of this section;
(E) one member from the membership of a local conservation or
historical organization; and
(F) six members representing the general public.
The Secretary shall designate one member to be Chairman of the
Commission and may fill any vacancy in the same manner in which the
original appointment was made.
(2) Members of the Commission shall serve without compensation as
such, but the Secretary may pay expenses reasonably incurred by the
Commission and may reimburse members for reasonable expenses incurred in
carrying out their responsibilities under this section on vouchers
signed by the Chairman.
(3) All appointments to the Commission shall be made by the Secretary
within six months after November 10, 1978, and the Secretary, or his
designee, shall from time to time, but at least semiannually, meet and
consult with the Advisory Commission in matters relating to the park and
with respect to carrying out the provisions of this section.
(4) Unless extended by Act of Congress, this Commission shall
terminate ten years after the date of its first meeting with the
Secretary or his designee.
(f) Authorization of appropriations; master development plan
(1) There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this section, but not more
than $10,000,000 for the acquisition of lands and interests in lands.
(2) For the development of essential public facilities there are
authorized to be appropriated not more than $15,000,000. Within one
year from November 10, 1978, the Secretary shall develop and transmit to
the Committee on Interior and Insular Affairs of the United States House
of Representatives and the Committee on Energy and Natural Resources of
the United States Senate a final master plan for the development of the
park consistent with the objectives of this section, indicating (A) the
facilities needed to accommodate the health, safety, and interpretive
needs of the visiting public; (B) the location and estimated cost of
all facilities; and (C) the projected need for any additional
facilities within the park.
(Pub. L. 95-629, title II, 201, Nov. 10, 1978, 92 Stat. 3636; Pub.
L. 96-344, 13, Sept. 8, 1980, 94 Stat. 1136; Pub. L. 101-628, title V,
501, Nov. 28, 1990, 104 Stat. 4492.)
1990 -- Subsec. (a). Pub. L. 101-628, 501(a), inserted after first
sentence ''The park shall also consist of the lands and interests
therein within the area bounded by the line depicted as 'Proposed
Boundary Extension' on the maps entitled 'San Antonio Missions National
Historical Park', numbered 472-80,075, 472-80,076, 472-80,077,
472-80,078, 472-80,079, 472-80,080, and 472-80,081 and dated June 7,
1990, which shall be on file and available for public inspection in the
same manner as is such drawing.''
Subsec. (f)(2). Pub. L. 101-628, 501(b), substituted ''$15,000,000''
for ''$500,000''.
1980 -- Subsec. (e)(1). Pub. L. 96-344 substituted ''eleven'' for
''seven'' in provision preceding subpar. (A) and ''six'' for ''two'' in
subpar. (F).
/1/ So in original. Probably should be ''of''.
16 USC SUBCHAPTER LIX-D -- CHANNEL ISLANDS NATIONAL PARK
TITLE 16 -- CONSERVATION
16 USC 410ff. Establishment
TITLE 16 -- CONSERVATION
In order to protect the nationally significant natural, scenic,
wildlife, marine, ecological, archaeological, cultural, and scientific
values of the Channel Islands in the State of California, including, but
not limited to, the following:
(1) the brown pelican nesting area;
(2) the undisturbed tide pools providing species diversity unique to
the eastern Pacific coast;
(3) the pinnipeds which breed and pup almost exclusively on the
Channel islands, including the only breeding colony for northern fur
seals south of Alaska;
(4) the Eolian landforms and caliche;
(5) the presumed burial place of Juan Rodriquez Cabrillo; and
(6) the archaeological evidence of substantial populations of Native
Americans;
there is hereby established the Channel Islands National Park, the
boundaries of which shall include San Miguel and Prince Islands, Santa
Rosa, Santa Cruz, Anacapa, and Santa Barbara Islands, including the
rocks, islets, submerged lands, and waters within one nautical mile of
each island, as depicted on the map entitled, ''Proposed Channel Islands
National Park'' numbered 159-20,008 and dated April 1979, which shall be
on file and available for public inspection in the offices of the
Superintendent of the park and the Director of the National Park
Service, Department of the Interior. The Channel Islands National
Monument is hereby abolished as such, and the lands, waters, and
interests therein withdrawn or reserved for the monument are hereby
incorporated within and made a part of the new Channel Islands National
Park.
(Pub. L. 96-199, title II, 201, Mar. 5, 1980, 94 Stat. 74.)
16 USC 410ff-1. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary of the Interior; fair market value;
State-owned land; Federal property located within park
Within the boundaries of the park as established in section 410ff of
this title, the Secretary of the Interior (hereinafter referred to as
the ''Secretary'') is authorized to acquire lands, waters, or interests
therein (including but not limited to scenic easements) by donation,
purchase with donated or appropriated funds, transfer from any Federal
agency, exchange, or otherwise. Unless the property is wholly or
partially donated, the Secretary shall pay to the owner the fair market
value of the property on the date of its acquisition, less the fair
market value on that date of any right retained by the owner. Any lands,
waters, or interests therein owned by the State of California or any
political subdivision thereof shall not be acquired. Notwithstanding
any other provision of law, Federal property located within the
boundaries of the park shall with the concurrence of the head of the
agency having custody thereof, be transferred to the administrative
jurisdiction of the Secretary for the purposes of the park: Provided,
That the Secretary shall permit the use of federally owned park lands
and waters which (i) have been transferred from another Federal agency
pursuant to this section or which (ii) were the subject of a lease or
permit issued by a Federal agency as of March 5, 1980, for essential
national security missions and for navigational aids, subject to such
terms and conditions as the Secretary deems necessary to protect park
resources.
(b) Lands owned, or under option to, National Park Foundation, The
Nature Conservancy, or similar organizations
Notwithstanding the acquisition authority contained in subsection (a)
of this section, any lands, waters, or interests therein, which are
owned wholly or in part, by or which hereafter may be owned by, or under
option to, the National Park Foundation, The Nature Conservancy
(including any lands, waters, or interests therein which are designated
as ''Nature Conservancy Lands'' on the map referred to in section 410ff
of this title) or any similar national, nonprofit conservation
organization, or an affiliate or subsidiary thereof shall be acquired
only with the consent of the owner thereof: Provided, That the
Secretary may acquire such property in accordance with the provisions of
this subchapter if he determines that the property is undergoing or is
about to undergo a change in use which is inconsistent with the purposes
of this subchapter.
(c) Privately owned lands on Santa Rosa Island
With respect to the privately owned lands on Santa Rosa Island, the
Secretary shall acquire such lands as expeditiously as possible after
March 5, 1980. The acquisition of these lands shall take priority over
the acquisition of other privately owned lands within the park.
(d) Retention of rights by owners; compatible use under lease
(1) The owner of any private property may, on the date of its
acquisition and as a condition of such acquisition, retain for himself a
right of use and occupancy of all or such portion of such property as
the owner may elect for a definite term of not more than twenty-five
years, or ending at the death of the owner, or his spouse, whichever is
later. The owner shall elect the term to be reserved. Any such right
retained pursuant to this subsection with respect to any property shall
be subject to termination by the Secretary upon his determination that
such property is being used for any purpose which is incompatible with
the administration of the park or with the preservation of the resources
therein, and it shall terminate by operation of law upon notification by
the Secretary to the holder of the right, of such determination and
tendering to him the amount equal to the fair market value of that
portion which remains unexpired.
(2) In the case of any property acquired by the Secretary pursuant to
this subchapter with respect to which a right of use and occupancy was
not reserved by the former owner pursuant to this subsection, at the
request of the former owner, the Secretary may enter into a lease
agreement with the former owner under which the former owner may
continue any existing use of such property which is compatible with the
administration of the park and with the preservation of the resources
therein.
(3) Any right retained pursuant to this subsection, and any lease
entered into under paragraph (2), shall be subject to such access and
other provisions as may be required by the Secretary for visitor use and
resources management.
(Pub. L. 96-199, title II, 202, Mar. 5, 1980, 94 Stat. 74.)
This subchapter, referred to in subsec. (b), was in the original
''this Act'', meaning Pub. L. 96-199, and was translated as ''this
subchapter'', meaning title II of Pub. L. 96-199, to reflect the
probable intent of Congress.
16 USC 410ff-2. Natural resources study reports to Congress;
cooperative agreements for enforcement of laws and regulations on
State-owned land
TITLE 16 -- CONSERVATION
(a) The Secretary is directed to develop, in cooperation and
consultation with the Secretary of Commerce, the State of California,
and various knowledgeable Federal and private entities, a natural
resources study report for the park, including, but not limited to, the
following:
(1) an inventory of all terrestrial and marine species, indicating
their population dynamics, and probable trends as to future numbers and
welfare;
(2) recommendations as to what actions should be considered for
adoption to better protect the natural resources of the park.
Such report shall be submitted within two complete fiscal years from
March 5, 1980, to the Committee on Interior and Insular Affairs of the
United States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate, and updated revisions of
such report shall be similarly submitted at subsequent two year
intervals to cover a period of ten years after March 5, 1980.
(b) The Secretary is authorized and directed to enter into and
continue cooperative agreements with the Secretary of Commerce and the
State of California for the enforcement of Federal and State laws and
regulations on those lands and waters within and adjacent to the park
which are owned by the State of California. No provision of this
subchapter shall be deemed to affect the rights and jurisdiction of the
State of California within the park, including, but not limited to,
authority over submerged lands and waters within the park boundaries,
and the marine resources therein.
(Pub. L. 96-199, title II, 203, Mar. 5, 1980, 94 Stat. 75.)
16 USC 410ff-3. Administration
TITLE 16 -- CONSERVATION
(a) Authority of Secretary of the Interior; low-intensity,
limited-entry basis for administration
Subject to the provisions of section 410ff of this title, the
Secretary shall administer the park in accordance with the provisions of
sections 1 and 2 to 4 of this title, as amended and supplemented. In the
administration of the park, the Secretary may utilize such statutory
authority available for the conservation and management of wildlife and
natural and cultural resources as he deems appropriate to carry out the
purposes of this subchapter. The park shall be administered on a
low-intensity, limited-entry basis.
(b) Limited visitor use; establishment of appropriate visitor
carrying capacities
In recognition of the special fragility and sensitivity of the park's
resources, it is the intent of Congress that the visitor use within the
park be limited to assure negligible adverse impact on the park
resources. The Secretary shall establish appropriate visitor carrying
capacities for the park.
(c) Comprehensive general management plan
(1) Within three complete fiscal years from March 5, 1980, the
Secretary, in consultation with The Nature Conservancy and the State of
California, shall submit to the Committee on Interior and Insular
Affairs of the United States House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate, a
comprehensive general management plan for the park, pursuant to criteria
stated in the provisions of section 1a-7(b) of this title. Such plan
shall include alternative considerations for the design and operation of
a public transportation system connecting the park with the mainland,
with such considerations to be developed in cooperation with the State
of California and the Secretary of Transportation. The Secretary shall
seek the advice of the scientific community in the preparation of said
plan, and conduct hearings for public comment in Ventura and Santa
Barbara Counties.
(2) Those aspects of such a plan which relate to marine mammals shall
be prepared by the Secretary of Commerce, in consultation with the
Secretary and the State of California.
(Pub. L. 96-199, title II, 204, Mar. 5, 1980, 94 Stat. 76.)
16 USC 410ff-4. Federal or federally assisted undertakings with respect
to lands and waters within, adjacent to, or related to park
TITLE 16 -- CONSERVATION
The head of any Federal agency having direct or indirect
jurisidiction over a proposed Federal or federally assisted undertaking
with respect to the lands and waters within or adjacent or related to
the park, and the head of any Federal agency having authority to license
or permit any undertaking with respect to such lands and waters, shall,
prior to the approval of the expenditure of any Federal funds on such
undertaking or prior to the issuance of any license or permit, as the
case may be, afford the Secretary a reasonable opportunity to comment
with regard to such undertaking and shall give due consideration to any
comments made by the Secretary and to the effect of such undertaking on
the purposes for which the park is established.
(Pub. L. 96-199, title II, 205, Mar. 5, 1980, 94 Stat. 76.)
16 USC 410ff-5. Designation of wilderness areas
TITLE 16 -- CONSERVATION
Within three complete fiscal years from March 5, 1980, the Secretary
shall review the area within the park and shall report to the President,
in accordance with section 1132(c) and (d) of this title, his
recommendations as to the suitability or nonsuitability of any area
within the park for designation as wilderness. Any designation of any
such areas as wilderness shall be accomplished in accordance with
section 1132(c) and (d) of this title.
(Pub. L. 96-199, title II, 206, Mar. 5, 1980, 94 Stat. 77.)
16 USC 410ff-6. Entrance or admission fees prohibited
TITLE 16 -- CONSERVATION
Notwithstanding any other provision of law, no fees shall be charged
for entrance or admission to the park.
(Pub. L. 96-199, title II, 207, Mar. 5, 1980, 94 Stat. 77.)
16 USC 410ff-7. Expenditure of Federal funds for research, resources
management, and visitor protection and use on private property;
transfer of funds; authorization of appropriations
TITLE 16 -- CONSERVATION
The Secretary is authorized to expend Federal funds for the
cooperative management of The Nature Conservancy and other private
property for research, resources management, and visitor protection and
use. All funds authorized to be appropriated for the purposes of the
Channel Islands National Monument are hereby transferred to the Channel
Islands National Park. Effective October 1, 1980, there are hereby
authorized to be appropriated such further sums as may be necessary to
carry out the purposes of this subchapter, but not to exceed $500,000
for development. From the Land and Water Conservation Fund there is
authorized to be appropriated $30,100,000 for the purposes of land
acquisition. For the authorizations made in this section, any amounts
authorized but not appropriated in any fiscal year shall remain
available for appropriation in succeeding fiscal years.
(Pub. L. 96-199, title II, 208, Mar. 5, 1980, 94 Stat. 77.)
16 USC SUBCHAPTER LIX-E -- BISCAYNE NATIONAL PARK
TITLE 16 -- CONSERVATION
16 USC 410gg. Establishment; description of boundary; minor boundary
revisions; publication in Federal Register
TITLE 16 -- CONSERVATION
In order to preserve and protect for the education, inspiration,
recreation, and enjoyment of present and future generations a rare
combination of terrestrial, marine, and amphibious life in a tropical
setting of great natural beauty, there is hereby established the
Biscayne National Park (hereinafter referred to in this subchapter as
the ''park'') in the State of Florida. The boundary of the park shall
include the lands, waters, and interests therein as generally depicted
on the map entitled ''Boundary Map, Biscayne National Park'', numbered
169-90,003, and dated April 1980, which map shall be on file and
available for public inspection in the offices of the National Park
Service, Department of the Interior. The Secretary of the Interior
(hereinafter referred to as the ''Secretary'') shall publish in the
Federal Register, not more than one year after June 28, 1980, a detailed
description of the boundary established pursuant to this section.
Following reasonable notice in writing to the Committee on Interior and
Insular Affairs of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate of
his intention to do so, the Secretary may make minor revisions in the
boundary of the park by publication of a revised boundary map or other
description in the Federal Register.
(Pub. L. 96-287, title I, 101, June 28, 1980, 94 Stat. 599.)
16 USC 410gg-1. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; manner; State lands: donation,
reservations, and restrictions; Federal lands: transfer to
administrative jurisdiction of National Park Service and Secretary
Within the boundary of the park the Secretary is authorized to
acquire lands, waters, and interests therein by donation, purchase with
donated or appropriated funds, or exchange, except that property owned
by the State of Florida or any political subdivision thereof may be
acquired only by donation, and subject to such reservations and
restrictions as may be provided by Florida law. Lands, waters, and
interests therein within such boundary which are owned by the United
States and under the control of the Secretary are hereby transferred to
the administrative jurisdiction of the National Park Service to be
managed for the purposes of the park. Any federally owned lands within
the park which are not under the control of the Secretary shall be
transferred to his control for purposes of the park at such time as said
lands cease to be needed by the agencies which currently control them.
(b) Acquisition period; consideration by Secretary of prompt
acquisition of property
It is the express intent of the Congress that the Secretary shall
substantially complete the land acquisition program authorized herein
within three complete fiscal years from the effective date of this
subchapter. Any owner of property within the park may notify the
Secretary of the desire of such owner that his property be promptly
acquired, and the Secretary shall give immediate and careful
consideration, subject to the availability of funds, to the prompt
acquisition of such property.
(Pub. L. 96-287, title I, 102, June 28, 1980, 94 Stat. 599.)
The effective date of this subchapter, referred to in subsec. (b),
probably means the date of enactment of Pub. L. 96-287, which was
approved on June 28, 1980.
16 USC 410gg-2. Administration; fishing; abolition of Biscayne
National Monument; monument incorporated within and made part of park;
monument funds and appropriations available for park
TITLE 16 -- CONSERVATION
(a) The Secretary shall preserve and administer the park in
accordance with the provisions of sections 1 and 2 to 4 of this title,
as amended and supplemented. The waters within the park shall continue
to be open to fishing in conformity with the laws of the State of
Florida except as the Secretary, after consultation with appropriate
officials of said State, designates species for which, areas and times
within which, and methods by which fishing is prohibited, limited, or
otherwise regulated in the interest of sound conservation to achieve the
purposes for which the park is established: Provided, That with respect
to lands donated by the State after the effective date of this
subchapter, fishing shall be in conformance with State law.
(b) The Biscayne National Monument, as authorized by the Act of
October 18, 1968 (82 Stat. 1188; 16 U.S.C. 450qq), as amended, is
abolished as such, and all lands, waters, and interests therein acquired
or reserved for such monument are hereby incorporated within and made a
part of the park. Any funds available for the purposes of such monument
are hereby made available for the purposes of the park, and
authorizations of funds for the monument shall continue to be available
for the park.
(Pub. L. 96-287, title I, 103, June 28, 1980, 94 Stat. 600.)
The effective date of this subchapter, referred to in subsec. (a),
probably means the date of enactment of Pub. L. 96-287, which was
approved on June 28, 1980.
Act of October 18, 1968, referred to in subsec. (b), is Pub. L.
90-606, Oct. 18, 1968, 82 Stat. 1188, as amended, which was classified
to sections 450qq to 450qq-4 of this title, and was omitted from the
Code in view of the abolition of the Biscayne National Monument and its
incorporation within the Biscayne National Park pursuant to subsec.
(b).
16 USC 410gg-3. Report as to suitability for designation as wilderness
area; compliance with procedure for such designation
TITLE 16 -- CONSERVATION
Within three complete fiscal years from the effective date of this
subchapter, the Secretary shall review the area within the park and
shall report to the President and the Congress, in accordance with
section 1132(c) and (d) of this title, his recommendations as to the
suitability or nonsuitability of any area within the park for
designation as wilderness. Any designation of any such areas as
wilderness shall be accomplished in accordance with said section 1132(
c) and (d).
(Pub. L. 96-287, title I, 104, June 28, 1980, 94 Stat. 600.)
The effective date of this subchapter, referred to in text, probably
means the date of enactment of Pub. L. 96-287, which was approved on
June 28, 1980.
16 USC 410gg-4. Revised comprehensive general management plan;
submission to Congressional committees
TITLE 16 -- CONSERVATION
Within two complete fiscal years from the effective date of this
subchapter, the Secretary shall submit to the Committee on Interior and
Insular Affairs of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate, a
revised comprehensive general management plan for the park consistent
with the provisions of this subchapter and pursuant to the provisions of
section 1a-7(b) of this title.
(Pub. L. 96-287, title I, 105, June 28, 1980, 94 Stat. 600.)
The effective date of this subchapter, referred to in text, probably
means the date of enactment of Pub. L. 96-287, which was approved on
June 28, 1980.
16 USC 410gg-5. Authorization of appropriations; entrance or admission
fees prohibition
TITLE 16 -- CONSERVATION
In addition to the sums previously authorized to be appropriated for
Biscayne National Monument, there are authorized to be appropriated such
sums as may be necessary for the administration of the park, and not to
exceed $8,500,000 for the acquisition of lands and interests therein, as
provided in this subchapter. Notwithstanding any other provision of law,
no fees shall be charged for entrance or admission to the park.
(Pub. L. 96-287, title I, 106, June 28, 1980, 94 Stat. 600.)
Obligatory, and Payment Authority Provided in
Appropriations
Section 401 of Pub. L. 96-287 provided that: ''Authorizations of
moneys to be appropriated under this Act (Pub. L. 96-287) shall be
effective October 1, 1980. Notwithstanding any other provision of this
Act, authority to enter into contracts to incur obligations, or to make
payments under this Act shall be effective only to the extent, and in
such amounts, as are provided in advance in appropriation Acts.''
16 USC SUBCHAPTER LIX-F -- ALASKAN NATIONAL PARKS
TITLE 16 -- CONSERVATION
16 USC 410hh. Establishment of new areas
TITLE 16 -- CONSERVATION
The following areas are hereby established as units of the National
Park System and shall be administered by the Secretary under the laws
governing the administration of such lands and under the provisions of
this Act:
(1) Aniakchak National Monument, containing approximately one hundred
and thirty-eight thousand acres of public lands, and Aniakchak National
Preserve, containing approximately three hundred and seventy-six
thousand acres of public lands, as generally depicted on map numbered
ANIA-90,005, and dated October 1978. The monument and preserve shall be
managed for the following purposes, among others: To maintain the
caldera and its associated volcanic features and landscape, including
the Aniakchak River and other lakes and streams, in their natural state;
to study, interpret, and assure continuation of the natural process of
biological succession; to protect habitat for, and populations of, fish
and wildlife, including, but not limited to, brown/grizzly bears, moose,
caribou, sea lions, seals, and other marine mammals, geese, swans, and
other waterfowl and in a manner consistent with the foregoing, to
interpret geological and biological processes for visitors. Subsistence
uses by local residents shall be permitted in the monument where such
uses are traditional in accordance with the provisions of subchapter II
of chapter 51 of this title.
(2) Bering Land Bridge National Preserve, containing approximately
two million four hundred and fifty-seven thousand acres of public land,
as generally depicted on map numbered BELA-90,005, and dated October
1978. The preserve shall be managed for the following purposes, among
others: To protect and interpret examples of arctic plant communities,
volcanic lava flows, ash explosions, coastal formations, and other
geologic processes; to protect habitat for internationally significant
populations of migratory birds; to provide for archeological and
paleontological study, in cooperation with Native Alaskans, of the
process of plant and animal migration, including man, between North
America and the Asian Continent; to protect habitat for, and
populations of, fish and wildlife, including, but not limited to, marine
mammals, brown/grizzly bears, moose, and wolves; subject to such
reasonable regulations as the Secretary may prescribe, to continue
reindeer grazing use, including necessary facilities and equipment,
within the areas which on January 1, 1976, were subject to reindeer
grazing permits, in accordance with sound range management practices;
to protect the viability of subsistence resources; and in a manner
consistent with the foregoing, to provide for outdoor recreation and
environmental education activities including public access for
recreational purposes to the Serpentine Hot Springs area. The Secretary
shall permit the continuation of customary patterns and modes of travel
during periods of adequate snow cover within a one-hundred-foot
right-of-way along either side of an existing route from Deering to the
Taylor Highway, subject to such reasonable regulations as the Secretary
may promulgate to assure that such travel is consistent with the
foregoing purposes.
(3) Cape Krusenstern National Monument, containing approximately five
hundred and sixty thousand acres of public lands, as generally depicted
on map numbered CAKR-90,007, and dated October 1979. The monument shall
be managed for the following purposes, among others: To protect and
interpret a series of archeological sites depicting every known cultural
period in arctic Alaska; to provide for scientific study of the process
of human population of the area from the Asian Continent; in
cooperation with Native Alaskans, to preserve and interpret evidence of
prehistoric and historic Native cultures; to protect habitat for seals
and other marine mammals; to protect habitat for and populations of,
birds, and other wildlife, and fish resources; and to protect the
viability of subsistence resources. Subsistence uses by local residents
shall be permitted in the monument in accordance with the provisions of
subchapter II of chapter 51 of this title.
(4)(a) Gates of the Arctic National Park, containing approximately
seven million fifty-two thousand acres of public lands, Gates of the
Arctic National Preserve, containing approximately nine hundred thousand
acres of Federal lands, as generally depicted on map numbered
GAAR-90,011, and dated July 1980. The park and preserve shall be
managed for the following purposes, among others: To maintain the wild
and undeveloped character of the area, including opportunities for
visitors to experience solitude, and the natural environmental integrity
and scenic beauty of the mountains, forelands, rivers, lakes, and other
natural features; to provide continued opportunities, including
reasonable access, for mountain climbing, mountaineering, and other
wilderness recreational activities; and to protect habitat for and the
populations of, fish and wildlife, including, but not limited to,
caribou, grizzly bears, Dall sheep, moose, wolves, and raptorial birds.
Subsistence uses by local residents shall be permitted in the park,
where such uses are traditional, in accordance with the provisions of
subchapter II of chapter 51 of this title.
(b) Congress finds that there is a need for access for surface
transportation purposes across the Western (Kobuk River) unit of the
Gates of the Arctic National Preserve (from the Ambler Mining District
to the Alaska Pipeline Haul Road) and the Secretary shall permit such
access in accordance with the provisions of this subsection.
(c) Upon the filing of an application pursuant to section 3164(b) and
(c) of this title for a right-of-way across the Western (Kobuk River)
unit of the preserve, including the Kobuk Wild and Scenic River, the
Secretary shall give notice in the Federal Register of a thirty-day
period for other applicants to apply for access.
(d) The Secretary and the Secretary of Transportation shall jointly
prepare an environmental and economic analysis solely for the purpose of
determining the most desirable route for the right-of-way and terms and
conditions which may be required for the issuance of that right-of-way.
This analysis shall be completed within one year and the draft thereof
within nine months of the receipt of the application and shall be
prepared in lieu of an environmental impact statement which would
otherwise be required under section 102(2)(C) of the National
Environmental Policy Act (42 U.S.C. 4332(2)(C)). Such analysis shall be
deemed to satisfy all requirements of that Act (42 U.S.C. 4321 et seq.)
and shall not be subject to judicial review. Such environmental and
economic analysis shall be prepared in accordance with the procedural
requirements of section 3164(e) of this title. The Secretaries in
preparing the analysis shall consider the following --
(i) Alternative routes including the consideration of economically
feasible and prudent alternative routes across the preserve which would
result in fewer or less severe adverse impacts upon the preserve.
(ii) The environmental and social and economic impact of the
right-of-way including impact upon wildlife, fish, and their habitat,
and rural and traditional lifestyles including subsistance activities,
and measures which should be instituted to avoid or minimize negative
impacts and enhance positive impacts.
(e) Within 60 days of the completion of the environmental and
economic analysis, the Secretaries shall jointly agree upon a route for
issuance of the right-of-way across the preserve. Such right-of-way
shall be issued in accordance with the provisions of section 3167 of
this title.
(5) Kenai Fjords National Park, containing approximately five hundred
and sixty-seven thousand acres of public lands, as generally depicted on
map numbered KEFJ-90,007, and dated October 1978. The park shall be
managed for the following purposes, among others: To maintain
unimpaired the scenic and environmental integrity of the Harding
Icefield, its outflowing glaciers, and coastal fjords and islands in
their natural state; and to protect seals, sea lions, other marine
mammals, and marine and other birds and to maintain their hauling and
breeding areas in their natural state, free of human activity which is
disruptive to their natural processes. In a manner consistent with the
foregoing, the Secretary is authorized to develop access to the Harding
Icefield and to allow use of mechanized equipment on the icefield for
recreation.
(6) Kobuk Valley National Park, containing approximately one million
seven hundred and ten thousand acres of public lands as generally
depicted on map numbered KOVA-90,009, and dated October 1979. The park
shall be managed for the following purposes, among others: To maintain
the environmental integrity of the natural features of the Kobuk River
Valley, including the Kobuk, Salmon, and other rivers, the boreal
forest, and the Great Kobuk Sand Dunes, in an undeveloped state; to
protect and interpret, in cooperation with Native Alaskans,
archeological sites associated with Native cultures; to protect
migration routes for the Arctic caribou herd; to protect habitat for
and populations of, fish and wildlife including but not limited to
caribou, moose, black and grizzly bears, wolves, and waterfowl; and to
protect the viability of subsistence resources. Subsistence uses by
local residents shall be permitted in the park in accordance with the
provisions of subchapter II of chapter 51 of this title. Except at such
times when, and locations where, to do so would be inconsistent with the
purposes of the park, the Secretary shall permit aircraft to continue to
land at sites in the upper Salmon River watershed.
(7)(a) Lake Clark National Park, containing approximately two million
four hundred thirty-nine thousand acres of public lands, and Lake Clark
National Preserve, containing approximately one million two hundred and
fourteen thousand acres of public lands, as generally depicted on map
numbered LACL-90,008, and dated October 1978. The park and preserve
shall be managed for the following purposes, among others: To protect
the watershed necessary for perpetuation of the red salmon fishery in
Bristol Bay; to maintain unimpaired the scenic beauty and quality of
portions of the Alaska Range and the Aleutian Range, including active
volcanoes, glaciers, wild rivers, lakes, waterfalls, and alpine meadows
in their natural state; and to protect habitat for and populations of
fish and wildlife including but not limited to caribou, Dall sheep,
brown/grizzly bears, bald eagles, and peregrine falcons.
(b) No lands conveyed to the Nondalton Village Corporation shall be
considered to be within the boundaries of the park or preserve; if the
corporation desires to convey any such lands, the Secretary may acquire
such lands with the consent of the owner, and any such lands so acquired
shall become part of the park or preserve, as appropriate. Subsistence
uses by local residents shall be permitted in the park where such uses
are traditional in accordance with the provisions of subchapter II of
chapter 51 of this title.
(8)(a) Noatak National Preserve, containing approximately six million
four hundred and sixty thousand acres of public lands, as generally
depicted on map numbered NOAT-90,004, and dated July 1980. The preserve
shall be managed for the following purposes, among others: To maintain
the environmental integrity of the Noatak River and adjacent uplands
within the preserve in such a manner as to assure the continuation of
geological and biological processes unimpaired by adverse human
activity; to protect habitat for, and populations of, fish and
wildlife, including but not limited to caribou, grizzly bears, Dall
sheep, moose, wolves, and for waterfowl, raptors, and other species of
birds; to protect archeological resources; and in a manner consistent
with the foregoing, to provide opportunities for scientific research.
The Secretary may establish a board consisting of scientists and other
experts in the field of arctic research in order to assist him in the
encouragement and administration of research efforts within the
preserve.
(b) All lands located east of centerline of the main channel of the
Noatak River which are --
(1) within
(A) any area withdrawn under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.) for selection by the village of Noatak, and
(B) any village deficiency withdrawal under section 11(a)(3)(A) of
such Act (43 U.S.C. 1610(a)(3)(A)) which is adjacent to the area
described in subparagraph (i) of this paragraph,
(2) adjacent to public lands within a unit of the National Park
System as designated under this Act, and
(3) not conveyed to such Village or other Native Corporation before
the final conveyance date, shall, on such final conveyance date, be
added to and included within, the adjacent unit of the National Park
System (notwithstanding the applicable acreage specified in this
paragraph) and managed in the manner provided in the foregoing
provisions of this paragraph. For purposes of the preceding sentence
the term ''final conveyance date'' means the date of the conveyance of
lands under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), or by operation of this Act, to the Village of Noatak, or to any
other Native Corporation which completes the entitlement of such Village
or other Corporation to conveyance of lands from the withdrawals
referred to in subparagraph (1).
(9) Wrangell-Saint Elias National Park, containing approximately
eight million one hundred and forty-seven thousand acres of public
lands, and Wrangell-Saint Elias National Preserve, containing
approximately four million one hundred and seventy-one thousand acres of
public lands, as generally depicted on map number WRST-90,007, and dated
August 1980. The park and preserve shall be managed for the following
purposes, among others: To maintain unimpaired the scenic beauty and
quality of high mountain peaks, foothills, glacial systems, lakes, and
streams, valleys, and coastal landscapes in their natural state; to
protect habitat for, and populations of, fish and wildlife including but
not limited to caribou, brown/grizzly bears, Dall sheep, moose, wolves,
trumpeter swans and other waterfowl, and marine mammals; and to provide
continued opportunities, including reasonable access for mountain
climbing, mountaineering, and other wilderness recreational activities.
Subsistence uses by local residents shall be permitted in the park,
where such uses are traditional, in accordance with the provisions of
subchapter II of chapter 51 of this title.
(10) Yukon-Charley Rivers National Preserve, containing approximately
one million seven hundred and thirteen thousand acres of public lands,
as generally depicted on map numbered YUCH-90,008, and dated October
1978. The preserve shall be managed for the following purposes, among
others: To maintain the environmental integrity of the entire Charley
River basin, including streams, lakes and other natural features, in its
undeveloped natural condition for public benefit and scientific study;
to protect habitat for, and populations of, fish and wildlife, including
but not limited to the peregrine falcons and other raptorial birds,
caribou, moose, Dall sheep, grizzly bears, and wolves; and in a manner
consistent with the foregoing, to protect and interpret historical sites
and events associated with the gold rush on the Yukon River and the
geological and paleontological history and cultural prehistory of the
area. Except at such times when and locations where to do so would be
inconsistent with the purposes of the preserve, the Secretary shall
permit aircraft to continue to land at sites in the Upper Charley River
watershed.
(Pub. L. 96-487, title II, 201, Dec. 2, 1980, 94 Stat. 2377.)
This Act, referred to in provision preceding par. (1) and par. (8)(
b)(2), (3), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as
amended, known as the Alaska National Interest Lands Conservation Act.
For complete classification of this Act to the Code, see Short Title
note set out under section 3101 of this title and Tables.
That Act, referred to in par. (4)(d), meaning the National
Environmental Policy Act of 1969, is Pub. L. 91-190, Jan. 1, 1970, 83
Stat. 852, as amended, which is classified generally to chapter 55 (
4321 et seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out
under section 4321 of Title 42 and Tables.
The Alaska Native Claims Settlement Act, referred to in par. (8)(b)(
1)(A), (3), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as
amended, which is classified generally to chapter 33 ( 1601 et seq.) of
Title 43, Public Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1601 of Title 43 and
Tables.
16 USC 410hh-1. Additions to existing areas
TITLE 16 -- CONSERVATION
The following units of the National Park System are hereby expanded:
(1) Glacier Bay National Monument, by the addition of an area
containing approximately five hundred and twenty-three thousand acres of
Federal Land. Approximately fifty-seven thousand acres of additional
public land is hereby established as Glacier Bay National Preserve, both
as generally depicted on map numbered GLBA-90,004, and dated October
1978; furthermore, the monument is hereby redesignated as ''Glacier Bay
National Park''. The monument addition and preserve shall be managed
for the following purposes, among others: To protect a segment of the
Alsek River, fish and wildlife habitats and migration routes, and a
portion of the Fairweather Range including the northwest slope of Mount
Fairweather. Lands, waters, and interests therein within the boundary
of the park and preserve which were within the boundary of any national
forest are hereby excluded from such national forest and the boundary of
such national forest is hereby revised accordingly.
(2) Katmai National Monument, by the addition of an area containing
approximately one million and thirty-seven thousand acres of public
land. Approximately three hundred and eight thousand acres of
additional public land is hereby established as Katmai National
Preserve, both as generally depicted on map numbered 90,007, and dated
July 1980; furthermore, the monument is hereby redesignated as ''Katmai
National Park''. The monument addition and preserve shall be managed
for the following purposes, among others: To protect habitats for, and
populations of, fish and wildlife including, but not limited to, high
concentrations of brown/grizzly bears and their denning areas; to
maintain unimpaired the water habitat for significant salmon
populations; and to protect scenic, geological, cultural and
recreational features.
(3)(a) Mount McKinley National Park, by the addition of an area
containing approximately two million four hundred and twenty-six
thousand acres of public land, and approximately one million three
hundred and thirty thousand acres of additional public land is hereby
established as Denali National Preserve, both as generally depicted on
map numbered DENA-90,007, and dated July 1980 and the whole is hereby
redesignated as Denali National Park and Preserve. The park additions
and preserve shall be managed for the following purposes, among others:
To protect and interpret the entire mountain massif, and additional
scenic mountain peaks and formations; and to protect habitat for, and
populations of fish and wildlife including, but not limited to, brown/
grizzly bears, moose, caribou, Dall sheep, wolves, swans and other
waterfowl; and to provide continued opportunities, including reasonable
access, for mountain climbing, mountaineering and other wilderness
recreational activities. Subsistence uses by local residents shall be
permitted in the additions to the park where such uses are traditional
in accordance with the provisions in subchapter II of chapter 51 of this
title.
(b) The Alaska Land Use Council shall, in cooperation with the
Secretary, conduct a study of the Kantishna Hills and Dunkle Mine areas
of the park as generally depicted on a map entitled ''Kantishna Hills/
Dunkle Mine Study Area'' dated October 1979, and report thereon to the
Congress not later than three years from December 2, 1980. The study
and report shall evaluate the resources of the area, including but not
limited to, fish and wildlife, public recreation opportunities,
wilderness potential, historic resources, and minerals, and shall
include those recommendations respecting resources and other relevant
matters which the Council determines are necessary. In conjunction with
the study required by this section, the Council, in consultation with
the Secretary, shall compile information relating to the mineral
potential of the areas encompassed within the study, the estimated cost
of acquiring mining properties, and the environmental consequences of
further mineral development.
(c) During the period of the study, no acquisition of privately owned
land shall be permitted within the study area, except with the consent
of the owner, and the holders of valid mining claims shall be permitted
to operate on their claims, subject to reasonable regulations designed
to minimize damage to the environment: Provided, however, That such
lands or claims shall be subject to acquisition without the consent of
the owner or holder if the Secretary determines, after notice and
opportunity for hearing, if such notice and hearing are not otherwise
required by applicable law or regulation, that activities on such land
or claims will significantly impair important scenic, wildlife, or
recreational values of the public lands which are the subject of the
study.
(Pub. L. 96-487, title II, 202, Dec. 2, 1980, 94 Stat. 2382; Pub.
L. 97-468, title VI, 615(b)(5), Jan. 14, 1983, 96 Stat. 2578.)
1983 -- Subsec. (3)(a). Pub. L. 97-468 struck out provision that the
portion of the Alaska Railroad right-of-way within the park be subject
to such laws and regulations applicable to the protection of fish and
wildlife and other park values as the Secretary, with the concurrence of
the Secretary of Transportation, might determine.
Amendment by Pub. L. 97-468 became effective on date of transfer of
Alaska Railroad to the State (Jan. 5, 1985), pursuant to section 1203 of
Title 45, Railroads, see section 615(b) of Pub. L. 97-468.
Establishment and boundaries of Denali National Park, see section 347
of this title.
Establishment of Glacier Bay National Monument and Katmai National
Monument, see note set out under section 431 of this title.
16 USC 410hh-2. Administration; hunting and subsistence uses;
admission fees
TITLE 16 -- CONSERVATION
Subject to valid existing rights, the Secretary shall administer the
lands, waters, and interests therein added to existing areas or
established by the foregoing sections of this subchapter as new areas of
the National Park System, pursuant to the provisions of sections 1 and 2
to 4 of this title, as amended and supplemented, and, as appropriate,
under section 3201 of this title and the other applicable provisions of
this Act: Provided, however, That hunting shall be permitted in areas
designated as national preserves under the provisions of this Act.
Subsistance uses by local residents shall be allowed in national
preserves and, where specifically permitted by this Act, in national
monuments and parks. Lands, waters, and interests therein withdrawn or
reserved for the former Katmai and Glacier Bay National Monuments are
hereby incorporated within and made a part of Katmai National Park or
Glacier Bay National Park, as appropriate. Any funds available for the
purposes of such monuments are hereby made available for the purposes of
Katmai National Park and Preserve or Glacier Bay National Park and
Preserve, as appropriate. Notwithstanding any other provision of law, no
fees shall be charged for entrance or admission to any unit of the
National Park System located in Alaska.
(Pub. L. 96-487, title II, 203, Dec. 2, 1980, 94 Stat. 2383.)
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980, 94
Stat. 2371, as amended, known as the Alaska National Interest Lands
Conservation Act. For complete classification of this Act to the Code,
see Short Title note set out under section 3101 of this title and
Tables.
16 USC 410hh-3. Native selections
TITLE 16 -- CONSERVATION
Valid Native Corporation selections, or lands identified for
selection by Regional Corporations pursuant to section 17(d)(2)(E) of
the Alaska Native Claims Settlement Act (43 U.S.C. 1616(d)(2)(E)),
within the boundaries of the Wrangell-Saint Elias National Park and
Preserve as established under this Act, are hereby recognized and shall
be honored and conveyed by the Secretary in accordance with the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) and this Act.
(Pub. L. 96-487, title II, 204, Dec. 2, 1980, 94 Stat. 2384.)
The Alaska Native Claims Settlement Act, referred to in text, is Pub.
L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
classified generally to chapter 33 ( 1601 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the Code, see Short
Title note set out under section 1601 of Title 43 and Tables.
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980, 94
Stat. 2371, as amended, known as the Alaska National Interest Lands
Conservation Act. For complete classification of this act to the Code,
see Short Title note set out under section 3101 of this title and
Tables.
16 USC 410hh-4. Commercial fishing
TITLE 16 -- CONSERVATION
With respect to the Cape Krusenstern National Monument, the Malaspina
Glacier Forelands area of Wrangell-Saint Elias National Preserve and the
Dry Bay area of Glacier Bay National Preserve, the Secretary may take no
action to restrict unreasonably the exercise of valid commercial fishing
rights or privileges obtained pursuant to existing law, including the
use of public lands for campsites, cabins, motorized vehicles, and
aircraft landings on existing airstrips, directly incident to the
exercise of such rights or privileges except that this prohibition shall
not apply to activities which the Secretary, after conducting a public
hearing in the affected locality, finds constitute a significant
expansion of the use of park lands beyond the level of such use during
1979.
(Pub. L. 96-487, title II, 205, Dec. 2, 1980, 94 Stat. 2384.)
Establishment of Cape Krusenstern National Monument, see note set out
under section 431 of this title.
16 USC 410hh-5. Withdrawal of lands from mining and mineral leasing
TITLE 16 -- CONSERVATION
Subject to valid existing rights, and except as explicitly provided
otherwise in this Act, the Federal lands within units of the National
Park System established or expanded by or pursuant to this Act are
hereby withdrawn from all forms of appropriation or disposal under the
public land laws, including location, entry, and patent under the United
States mining laws, disposition under the mineral leasing laws, and from
future selections by the State of Alaska and Native Corporations.
(Pub. L. 96-487, title II, 206, Dec. 2, 1980, 94 Stat. 2384.)
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980, 94
Stat. 2371, as amended, known as the Alaska National Interest Lands
Conservation Act. For complete classification of this Act to the Code,
see Short Title note set out under section 3101 of this title and
Tables.
The public land laws, referred to in text, are classified generally
to Title 43, Public Lands.
The United States mining laws, referred to in text, are classified
generally to Title 30, Mineral Lands and Mining.
The mineral leasing laws, referred to in text, have been defined in
sections 351, 505, 530, and 541e of Title 30, to mean acts Oct. 20,
1914, ch. 330, 38 Stat, 741; Feb. 25, 1920, ch. 85, 41 Stat. 437;
Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927, ch. 66, 44
Stat. 1057. The act of Oct. 20, 1914, was repealed by Pub. L. 86-252,
1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920, is known as
the Mineral Leasing Act and is classified generally to chapter 3A ( 181
et seq.) of Title 30. The act of Apr. 17, 1926, is classified
generally to subchapter VIII ( 271 et seq.) of chapter 3A of Title 30.
The act of Feb. 7, 1927, is classified principally to subchapter IX (
281 et seq.) of chapter 3A of Title 30. For complete classification of
these Acts to the Code, see Tables.
16 USC SUBCHAPTER LIX-G -- CHACO CULTURE NATIONAL HISTORICAL PARK
TITLE 16 -- CONSERVATION
16 USC 410ii. Congressional findings and statement of purpose
TITLE 16 -- CONSERVATION
(a) The Congress finds that --
(1) archeological research in the San Juan Basin conducted over the
past several years has greatly increased public knowledge of the scope
of the prehistoric culture referred to as Chacoan Anasazi;
(2) the discoveries and the increased general interest in the Chaco
phenomenon have come at a time when the San Juan Basin is experiencing
extensive exploration and development for a wide variety of
energy-related resources, including coal, uranium, oil, and natural gas;
(3) development of the San Juan Basin's important natural resources
and the valid existing rights of private property owners will not be
adversely affected by the preservation of the archeological integrity of
the area; and
(4) in light of the national significance of the Chacoan sites and
the urgent need to protect them, continued cooperation between Federal
agencies and private corporations is necessary to provide for
development in the San Juan Basin in a manner compatible with
preservation and archeological research.
(b) It is the purpose of this subchapter to recognize the unique
archeological resources associated with the prehistoric Chacoan culture
in the San Juan Basin; to provide for the preservation and
interpretation of these resources; and to facilitate research
activities associated with these resources.
(Pub. L. 96-550, title V, 501, Dec. 19, 1980, 94 Stat. 3227.)
16 USC 410ii-1. Establishment
TITLE 16 -- CONSERVATION
(a) Abolition of Chaco Canyon National Monument
There is hereby established in the State of New Mexico, the Chaco
Culture National Historical Park comprising approximately thirty three
thousand nine hundred and eighty nine acres as generally depicted on the
map entitled ''Chaco Culture National Historical Park'', numbered
310/80,032-A and dated August 1979. The Chaco Canyon National Monument
is hereby abolished, as such, and any funds available for the purpose of
the monument shall be available for the purpose of the Chaco Culture
National Historical Park.
(b) Designation of Chaco Culture Archeological Protection Sites
Thirty three outlying sites generally depicted on a map entitled
''Chaco Culture Archeological Protection Sites'', numbered 310/80,033-A
and dated August 1980, are hereby designated as ''Chaco Culture
Archeological Protection Sites''. The thirty three archeological
protection sites totaling approximately eight thousand seven hundred and
seventy one acres are identified as follows:
Name:
Acres
Allentown 42
Andrews Ranch 640
Bee Burrow 40
Bisa'ani 131
Casa del Rio 40
Coolidge 15
Dalton Pass 10
Great Bend 19
Greenlee Ruin 60
Grey Hill Spring 23
Halfway House 40
Haystack 115
Hogback 371
Indian Creek 100
Jacques 40
Kin Nizhoni 726
Lake Valley 30
Las Ventanas 31
Morris 41 85
Muddy Water 1,210
Newcomb 44
Peach Springs 985
Pierre's Site 440
Raton Well 23
San Mateo 14
Sanostee 1,565
Section 8 40
Skunk Springs/Crumbled House 588
Standing Rock 321
Twin Angels 40
Toh-la-kai 10
Upper Kin Klizhin 60
Squaw Springs 870
(Pub. L. 96-550, title V, 502, Dec. 19, 1980, 94 Stat. 3227.)
16 USC 410ii-2. Chaco Culture Archeological Protection Sites;
additions and deletions
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall continue to search for additional
evidences of Chacoan sites and submit to Congress within two years of
December 19, 1980 and thereafter as needed, his recommendations for
additions to, or deletions from, the list of archeological protection
sites in section 410ii-1(b) of this title. Additions to or deletions
from such list shall be made only by an Act of Congress.
(Pub. L. 96-550, title V, 503, Dec. 19, 1980, 94 Stat. 3228.)
16 USC 410ii-3. Acquisition of properties
TITLE 16 -- CONSERVATION
(a) Methods of acquisition
The Secretary is authorized to acquire lands, waters, and interest
therein within the boundaries of the Chaco Culture National Historical
Park (hereinafter referred to as the ''park'') and the archeological
protection sites as identified in section 410ii-1 of this title by
donation, purchase with donated or appropriated funds, or exchange.
Property owned by the State of New Mexico or any political subdivision
thereof, may be acquired by exchange or donation only. Property held in
trust for the benefit of any Indian tribe or for the benefit of any
individual member thereof may be acquired only with the consent of such
owner or beneficial owner as the case may be.
(b) Conveyance by tribal authorities
The respective tribal authorities are authorized to convey by
exchange, purchase, on /1/ donation the beneficial interest in any lands
designated by section 410ii-1 of this title and held in trust by the
United States for the respective tribes, to the Secretary, subject to
such terms and conditions as the tribal authority deems necessary and
which the Secretary deems are consistent with the purposes of this
subchapter.
(c) Private properties; acquisition by exchange and cooperative
agreements
(1) The Secretary shall attempt to acquire private lands or interests
therein by exchange prior to acquiring lands by any other method
authorized pursuant to this section.
(2) The Secretary shall attempt to enter into cooperative agreements
pursuant to section 410ii-4 of this title with owners of private
property for those archeological protection sites described in section
410ii-1(b) of this title. The Secretary shall acquire fee title to any
such private property only if it is necessary to prevent direct and
material damage to, or destruction of, Chaco cultural resources and no
cooperative agreement with the owner of the private property interest
can be affected.
(d) Exchange of Federal property; pool, acreage designation
(1) For purposes of completing an exchange pursuant to subsections
(a) and (b) of this section, the Secretary shall designate a pool of at
least three times the private acreage described in subsections (a) and
(b) of this section, comprised of Federal property interests of a
similar resource character to property to be exchanged. Federal
property shall, whenever possible, be designated in blocks of at least
one section in size, but in no event shall the blocks designated be less
than one-quarter of a section in size.
(2) The Secretary may include within the pool and Federal property
under his jurisdiction except units of the National Park System,
National Forest System, or the National Wildlife Refuge System that are
nominated by the owner of the private property to be exchanged.
Exchanges shall be on the basis of equal value, and either party to the
exchange may pay or accept cash in order to equalize the value of the
property exchange, except that if the parties agree to an exchange and
the Secretary determines it is in the public interest, such exchange may
be made for other than equal values.
(e) Federal lands exchanged for non-Federal property
All Federal lands, waters, and interests therein excluded from the
boundaries of Chaco Canyon National Monument by this subchapter may be
exchanged for non-Federal property to be acquired pursuant to this
title. Any lands so excluded shall be managed by the Secretary under
the provisions of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.). Transfer of administration of such lands to the
Bureau of Land Management shall not be considered a withdrawal as that
term is defined in section 103(j) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702(j)).
(Pub. L. 96-550, title V, 504, Dec. 19, 1980, 94 Stat. 3228.)
The Federal Land Policy and Management Act of 1976, referred to in
subsec. (e), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
amended, which is classified principally to chapter 35 ( 1701 et seq.)
of Title 43, Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 1701 of Title 43
and Tables.
/1/ So in original. Probably should be ''or''.
16 USC 410ii-4. Cooperative agreements for the protection,
preservation, and maintenance of archeological resources
TITLE 16 -- CONSERVATION
The Secretary shall seek to enter into cooperative agreements with
the owners, including the beneficial owners, of the properties located
in whole in or in part within the park or the archeological protection
sites. The purposes of such agreements shall be to protect, preserve,
maintain, and administer the archeological resources and associated site
regardless of whether title to the property or site is vested in the
United States. Any such agreement shall contain provisions to assure
that (1) the Secretary, or his representative, shall have a right of
access at all reasonable times to appropriate portions of the property
for the purpose of cultural resource protection and conducting research,
and (2) no changes or alterations shall be permitted with respect to the
cultural resources without the written consent of the Secretary.
Nothing in this subchapter shall be deemed to prevent the continuation
of traditional Native American religious uses of properties which are
the subject of cooperative agreements.
(Pub. L. 96-550, title V, 505, Dec. 19, 1980, 94 Stat. 3229.)
16 USC 410ii-5. Administration
TITLE 16 -- CONSERVATION
(a) Laws governing
The Secretary shall administer the park in accordance with the
provisions of this subchapter and the provisions of law generally
applicable to the administration of units of the National Park System,
including sections 1 and 2 to 4 of this title, and sections 461 to 467
of this title.
(b) Protection, preservation, and maintenance of cultural resources
The Secretary shall protect, preserve, maintain, and administer the
Chaco Culture Archeological Protection Sites, in a manner that will
preserve the Chaco cultural resource and provide for its interpretation
and research. Such sites shall be managed by the Secretary in
accordance with the provisions of this subchapter and the provisions of
law generally applicable to public lands as defined in section 1702(e)
of title 43: Provided, however, That lands held in trust by the
Secretary for an Indian tribe or any individual member thereof, or held
in restricted fee status shall continue to be so managed or held by the
Secretary.
(c) Activities endangering cultural values prohibited
No activities shall be permitted upon the upper surface of the
archeological protection sites which shall endanger their cultural
values. For the purposes of this subchapter, upper surface shall be
considered to extend to a depth of twenty meters below ground level.
Nothing in this subchapter shall be deemed to prevent exploration and
development of subsurface oil and gas, mineral, and coal resources from
without the sites which does not infringe upon the upper surface of the
sites.
(d) Livestock grazing permitted
Nothing in this subchapter shall be deemed to prevent the
continuation of livestock grazing on properties which are the subject of
cooperative agreements.
(e) General management plan; transmittal to Congress
Within three complete fiscal years from December 19, 1980, the
Secretary shall transmit to the Committee on Interior and Insular
Affairs of the United States House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate, a general
management plan for the identification, research, and protection of the
park, pursuant to the provisions of section 1a-7(b) of this title, to be
developed by the Director, National Park Service, in consultation with
the Directors, Bureau of Land Management and Bureau of Indian Affairs
and the Governor, State of New Mexico, and a joint management plan for
the identification, research, and protection of the archeological
protection sites, to be developed by the Director, National Park
Service, in consultation and concurrence with the Directors, Bureau of
Land Management and Bureau of Indian Affairs, and the Governor, State of
New Mexico.
(Pub. L. 96-550, title V, 506, Dec. 19, 1980, 94 Stat. 3229.)
16 USC 410ii-6. Research and data gathering
TITLE 16 -- CONSERVATION
(a) Plan for continued operational program; submittal to Congress
Consistent with and in furtherance of the purposes of the Division of
Cultural Research of the Southwest Cultural Resources Center, operated
by the National Park Service, the Secretary shall continue such research
and data gathering activities as may be appropriate to further the
purposes of this subchapter and knowledge of the Chaco culture. The
Secretary shall submit in writing within six months of the effective
date of this section, to the Committee on Interior and Insular Affairs
of the United States House of Representatives and the Committee on
Energy and Natural Resources of the United States Senate, a plan for the
continued operational program of the Division. The Secretary is
authorized and encouraged to establish a committee composed of
professional archeologists and others with related professional
expertise including the designee of the Governor of the State of New
Mexico to advise the Secretary in matters related to the surveying,
excavation, curation, interpretation, protection, and management of the
cultural resources of the historical park and archeological protection
sites.
(b) Computer-generated data base; furnishing of information to
Federal and private groups
The Secretary shall, through the Division of Cultural Research of the
Southwest Cultural Resources Center of the National Park Service, be
responsible for the development of a computer-generated data base of the
San Juan Basin, and make such information available to Federal and
private groups when to do so will assist such groups in the
preservation, management, and development of the resources of the basin.
(c) Opportunity for Secretary to comment on proposed expenditures and
permits
The head of any Federal agency having direct or indirect jurisdiction
over a proposed Federal or federally assisted undertaking with respect
to the lands and waters in the archeological protection sites, and the
head of any Federal agency having authority to license or permit any
undertaking with respect to such lands and waters, shall prior to the
approval of the expenditure of any Federal funds on such undertaking, or
prior to the issuance of any license or permit, as the case may be,
afford the Secretary a reasonable opportunity to comment in writing with
regard to such undertaking and its effect upon such sites, and shall
give due consideration to any comments made by the Secretary and to the
effect of such undertaking on the purposes for which such sites are
established.
(Pub. L. 96-550, title V, 507, Dec. 19, 1980, 94 Stat. 3230.)
The effective date of this section, referred to in subsec. (a),
probably means the date of enactment of Pub. L. 96-550, which was
approved Dec. 19, 1980.
16 USC 410ii-7. Authorization of appropriation
TITLE 16 -- CONSERVATION
Effective October 1, 1981, there are authorized to be appropriated
such sums as may be necessary to carry out the provisions of this
subchapter but not to exceed $11,000,000 for acquisition and $500,000
for development.
(Pub. L. 96-550, title V, 508, Dec. 19, 1980, 94 Stat. 3231.)
16 USC SUBCHAPTER LIX-H -- KALAUPAPA NATIONAL HISTORICAL PARK
TITLE 16 -- CONSERVATION
16 USC 410jj. Establishment
TITLE 16 -- CONSERVATION
In order to provide for the preservation of the unique nationally and
internationally significant cultural, historic, educational, and scenic
resources of the Kalaupapa settlement on the island of Molokai in the
State of Hawaii, there is hereby established the Kalaupapa National
Historical Park (hereinafter referred to as the ''park'').
(Pub. L. 96-565, title I, 101, Dec. 22, 1980, 94 Stat. 3321.)
16 USC 410jj-1. Statement of purposes
TITLE 16 -- CONSERVATION
The Congress declares the following to constitute the principal
purposes of the park:
(1) to preserve and interpret the Kalaupapa settlement for the
education and inspiration of present and future generations;
(2) to provide a well-maintained community in which the Kalaupapa
leprosy patients are guaranteed that they may remain at Kalaupapa as
long as they wish; to protect the current lifestyle of these patients
and their individual privacy; to research, preserve, and maintain the
present character of the community; to research, preserve, and maintain
important historic structures, traditional Hawaiian sites, cultural
values, and natural features; and to provide for limited visitation by
the general public; and
(3) to provide that the preservation and interpretation of the
settlement be managed and performed by patients and Native Hawaiians to
the extent practical, and that training opportunities be provided such
persons in management and interpretation of the settlement's cultural,
historical, educational, and scenic resources.
(Pub. L. 96-565, title I, 102, Dec. 22, 1980, 94 Stat. 3321.)
16 USC 410jj-2. Boundaries; revisions of boundary; publication in
Federal Register
TITLE 16 -- CONSERVATION
The boundaries of the park shall include the lands, waters, and
interests therein within the area generally depicted on the map entitled
''Boundary Map, Kalaupapa National Historical Park'', numbered
P07-80024, and dated May 1980, which shall be on file and available for
public inspection in the local and Washington, District of Columbia
offices of the National Park Service, Department of the Interior, the
Secretary of the Interior (hereinafter referred to as the ''Secretary'')
may make minor revisions in the boundary of the park by publication of a
revised boundary map or other description to that effect in the Federal
Register.
(Pub. L. 96-565, title I, 103, Dec. 22, 1980, 94 Stat. 3321.)
16 USC 410jj-3. Acquisition of lands and interests
TITLE 16 -- CONSERVATION
(a) State- or locally-owned lands; manner of acquisition
Within the boundary of the park, the Secretary is authorized to
acquire those lands owned by the State of Hawaii or any political
subdivision thereof only by donation or exchange, and only with the
consent of the owner. Any such exchange shall be accomplished in
accordance with the provisions of sections /1/ 460l-22(b) and (c) /2/ of
this title. Any property conveyed to the State or a political
subdivision thereof in exchange for property within the park which is
held in trust for the benefit of Native Hawaiians, as defined in the
Hawaiian Homes Commission Act of 1920 shall, as a matter of Federal law,
be held by the grantee subject to an equitable estate of the same class
and degree as encumbers the property within the preserve; and
''available lands'' defined in section 203 of the Hawaiian Homes
Commission Act may be exchanged in accordance with section 204 of said
Act. The vesting of title in the United States to property within the
park shall operate to extinguish any such equitable estate with respect
to property acquired by exchange within the park. The Secretary may
lease from the Department of Hawaiian Home Lands said trust lands until
such time as said lands may be acquired by exchange as set forth herein
or otherwise acquired. The Secretary may enter into such a lease
without regard to fiscal year limitations.
(b) Privately-owned lands; manner of acquisition
The Secretary is authorized to acquire privately-owned lands within
the boundary of the park by donation, purchase with donated or
appropriated funds, or exchange.
(c) Lands outside of boundary of park and other units of National
Park System within State; manner of acquisition
The Secretary is authorized to acquire by any of the foregoing
methods except condemnation, lands, waters, and interests therein
outside the boundary of the park and outside the boundaries of any other
unit of the National Park System but within the State of Hawaii, and to
convey the same to the Department of Hawaiian Home Lands in exchange for
lands, waters, and interests therein within the park owned by that
Department. Any such exchange shall be accomplished in accordance with
the provisions defined in subsection (a) of this section.
(Pub. L. 96-565, title I, 104, Dec. 22, 1980, 94 Stat. 3321; Pub.
L. 100-202, 101(g) (title I, 100), Dec. 22, 1987, 101 Stat. 1329-213,
1329-220.)
Subsection (c) of section 460l-22, referred to in subsec. (a), was
redesignated subsection (d) and a new subsection (c) was added by Pub.
L. 98-506, 2, Oct. 19, 1984, 98 Stat. 2338.
The Hawaiian Homes Commission Act of 1920, referred to in subsec.
(a), is act July 9, 1921, ch. 42, 42 Stat. 108, which was not
classified to the Code.
1987 -- Subsec. (a). Pub. L. 100-202 inserted at end ''The Secretary
may lease from the Department of Hawaiian Home Lands said trust lands
until such time as said lands may be acquired by exchange as set forth
herein or otherwise acquired. The Secretary may enter into such a lease
without regard to fiscal year limitations.''
/1/ So in original. Probably should be ''section''.
/2/ See References in Text note below.
16 USC 410jj-4. Administration
TITLE 16 -- CONSERVATION
(a) Laws governing
The Secretary shall administer the park in accordance with the
provisions of sections 1 and 2 to 4 of this title, and sections 461 to
467 of this title, and the provisions of this Act.
(b) Emergency, temporary, and interim activities; cooperative
agreements; expenditures; rehabilitation projects
(1) With the approval of the owner thereof, the Secretary may
undertake critical or emergency stabilization of utilities and historic
structures, develop and occupy temporary office space, and conduct
interim interpretive and visitor services on non-Federal property within
the park.
(2) The Secretary shall seek and may enter into cooperative
agreements with the owner or owners of property within the park pursuant
to which the Secretary may preserve, protect, maintain, construct,
reconstruct, develop, improve, and interpret sites, facilities, and
resources of historic, natural, architectural, and cultural
significance. Such agreements shall be of not less than twenty years
duration, may be extended and amended by mutual agreement, and shall
include, without limitation, provisions that the Secretary shall have
the right of access at reasonable times to public portions of the
property for interpretive and other purposes, and that no changes or
alterations shall be made in the property except by mutual agreement.
Each such agreement shall also provide that the owner shall be liable to
the United States in an amount equal to the fair market value of any
capital improvements made to or placed upon the property in the event
the agreement is terminated prior to its natural expiration, or any
extension thereof, by the owner, such value to be determined as of the
date of such termination, or, at the election of the Secretary, that the
Secretary be permitted to remove such capital improvements within a
reasonable time of such termination. Upon the expiration of such
agreement, the improvements thereon shall become the property of the
owner, unless the United States desires to remove such capital
improvements and restore the property to its natural state within a
reasonable time for such expiration.
(3) Except for emergency, temporary, and interim activities as
authorized in paragraph (1) of this subsection, no funds appropriated
pursuant to this Act shall be expended on non-Federal property unless
such expenditure is pursuant to a cooperative agreement with the owner.
(4) The Secretary may stabilize and rehabilitate structures and other
properties used for religious or sectarian purposes only if such
properties constitute a substantial and integral part of the historical
fabric of the Kalaupapa settlement, and only to the extent necessary and
appropriate to interpret adequately the nationally significant
historical features and events of the settlement for the benefit of the
public.
(Pub. L. 96-565, title I, 105, Dec. 22, 1980, 94 Stat. 3322.)
This Act, referred to in subsecs. (a) and (b)(3), is Pub. L.
96-565, Dec. 22, 1980, 94 Stat. 3321, which enacted this subchapter
and provisions set out as a note under section 2991a of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Tables.
16 USC 410jj-5. Special needs of leprosy patients residing in Kalaupapa
settlement; specific provisions
TITLE 16 -- CONSERVATION
The following provisions are made with respect to the special needs
of the leprosy patients residing in the Kalaupapa settlement --
(1) So long as the patients may direct, the Secretary shall not
permit public visitation to the settlement in excess of one hundred
persons in any one day.
(2) Health care for the patients shall continue to be provided by the
State of Hawaii, with assistance from Federal programs other than those
authorized herein.
(3) Notwithstanding any other provision of law, the Secretary shall
provide patients a first right of refusal to provide revenue-producing
visitor services, including such services as providing food,
accommodations, transportation, tours, and guides.
(4) Patients shall continue to have the right to take and utilize
fish and wildlife resources without regard to Federal fish and game laws
and regulations.
(5) Patients shall continue to have the right to take and utilize
plant and other natural resources for traditional purposes in accordance
with applicable State and Federal laws.
(Pub. L. 96-565, title I, 106, Dec. 22, 1980, 94 Stat. 3323.)
16 USC 410jj-6. Additional needs of leprosy patients and Native
Hawaiians for employment and training; specific provisions
TITLE 16 -- CONSERVATION
The following provisions are made with respect to additional needs of
the leprosy patients and Native Hawaiians for employment and training.
(The term ''Native Hawaiian'' as used in this subchapter, means a
descendant of not less than one-half part of the blood of the races
inhabiting the Hawaiian Islands previous to the year 1778.) --
(1) Notwithstanding any other provision of law, the Secretary shall
give first preference to qualified patients and Native Hawaiians in
making appointments to positions established for the administration of
the park, and the appointment of patients and Native Hawaiians shall be
without regard to any provision of the Federal civil service laws giving
an employment preference to any other class of applicant and without
regard to any numerical limitation on personnel otherwise applicable.
(2) The Secretary shall provide training opportunities for patients
and Native Hawaiians to develop skills necessary to qualify for the
provision of visitor services and for appointment to positions referred
to in paragraph (1).
(Pub. L. 96-565, title I, 107, Dec. 22, 1980, 94 Stat. 3323.)
The Federal civil service laws, referred to in par. (1), are
classified generally to section 3301 et seq. of Title 5, Government
Organization and Employees.
16 USC 410jj-7. Advisory Commission
TITLE 16 -- CONSERVATION
(a) Establishment; membership
There is hereby established the Kalaupapa National Historical Park
Advisory Commission (hereinafter referred to as the ''Commission''),
which shall consist of eleven members each appointed by the Secretary
for a term of five years as follows:
(1) seven members who shall be present or former patients, elected by
the patient community; and
(2) four members appointed from recommendations submitted by the
Governor of Hawaii, at least one of whom shall be a Native Hawaiian.
(b) Chairman; vacancies
The Secretary shall designate one member to be Chairman. Any vacancy
in the Commission shall be filled in the same manner in which the
original appointment was made.
(c) Compensation; expenses
A member of the Commission shall serve without compensation as such.
The Secretary is authorized to pay the expenses reasonably incurred by
the Commission in carrying out its responsibilities under this Act on
vouchers signed by the Chairman.
(d) Functions
The Secretary shall consult with and seek the advice of the
Commission with respect to the development and operation of the park
including training programs. The Commission shall, in addition, advise
the Secretary concerning public visitation to the park, and such advice
with respect to numbers of visitors shall be binding upon the Secretary
if the Commission certifies to him that such advice is based on a
referendum, held under the auspices of the Commission, of all patients
on the official Kalaupapa Registry.
(e) Termination
The Commission shall expire twenty-five years from December 22, 1980.
(Pub. L. 96-565, title I, 108, Dec. 22, 1980, 94 Stat. 3323.)
This Act, referred to in subsec. (c), is Pub. L. 96-565, Dec. 22,
1980, 94 Stat. 3321, as amended, which enacted this subchapter and
provisions set out as a note under section 2991a of Title 42, The Public
Health and Welfare. For complete classification of this Act to the
Code, see Tables.
16 USC 410jj-8. Reevaluation of management, etc., policies
TITLE 16 -- CONSERVATION
At such time when there is no longer a resident patient community at
Kalaupapa, the Secretary shall reevaluate the policies governing the
management, administration, and public use of the park in order to
identify any changes deemed to be appropriate.
(Pub. L. 96-565, title I, 109, Dec. 22, 1980, 94 Stat. 3324.)
16 USC 410jj-9. Authorization of appropriations
TITLE 16 -- CONSERVATION
Effective October 1, 1981, there are hereby authorized to be
appropriated such sums as may be necessary to carry out the purposes of
this subchapter but not to exceed $2,500,000 for acquisition of lands
and interests in lands and $1,000,000 for development.
(Pub. L. 96-565, title I, 110, Dec. 22, 1980, 94 Stat. 3324.)
16 USC SUBCHAPTER LIX-I -- LYNDON B. JOHNSON NATIONAL HISTORICAL PARK
TITLE 16 -- CONSERVATION
16 USC 410kk. Establishment
TITLE 16 -- CONSERVATION
In order to preserve in public ownership historically significant
properties associated with the life of Lyndon B. Johnson, the Secretary
of the Interior is authorized to acquire, by donation or by purchase
with donated or appropriated funds, such lands and interests in lands,
together with the buildings and improvements thereon, at or in the
vicinity of Johnson City, Texas, as are depicted on the drawings
entitled ''Boundary Map, Lyndon B. Johnson National Historical Park'',
numbered 447-40,008B and 447-40,000A, and dated January 1980, together
with such lands as from time to time may be donated for addition to the
site and such lands as he shall deem necessary to provide adequate
public parking for visitors at a suitable location. The drawing shall
be on file and available for public inspection in the offices of the
National Park Service, Department of the Interior. When acquired such
site shall be known as the Lyndon B. Johnson National Historical Park.
(Pub. L. 91-134, 1, Dec. 2, 1969, 83 Stat. 274; Pub. L. 96-607,
title VI, 601(1), (3), Dec. 28, 1980, 94 Stat. 3540.)
1980 -- Pub. L. 96-607 substituted ''donated or appropriated funds''
for ''donated funds'', ''drawings entitled 'Boundary Map, Lyndon B.
Johnson National Historical Park', numbered 447-40,008B and 447-40,000A,
and dated January 1980'' for ''drawing entitled 'Lyndon B. Johnson
National Historic Site Boundary Map', numbered NHS-LBJ-20,000 and dated
September 1969'', and ''Lyndon B. Johnson National Historical Park''
for ''Lyndon B. Johnson National Historic Site''.
16 USC 410kk-1. Administration
TITLE 16 -- CONSERVATION
The Secretary shall administer the Lyndon B. Johnson National
Historical Park in accordance with the provisions of sections 1 and 2 to
4 of this title, as amended and supplemented, and sections 461 to 467 of
this title.
(Pub. L. 91-134, 2, Dec. 2, 1969, 83 Stat. 274; Pub. L. 96-607,
title VI, 601(3), Dec. 28, 1980, 94 Stat. 3540.)
1980 -- Pub. L. 96-607 substituted ''National Historical Park'' for
''National Historic Site''.
16 USC 410kk-2. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subchapter, but not more
than $4,100,000 for development and not more than $1,400,000 for the
acquisition of lands and interests therein for the Lyndon B. Johnson
National Historical Park.
(Pub. L. 91-134, 3, Dec. 2, 1969, 83 Stat. 274; Pub. L. 96-87, title
IV, 403, Oct. 12, 1979, 93 Stat. 667; Pub. L. 96-607, title VI, 601(2),
(3), Dec. 28, 1980, 94 Stat. 3540.)
1980 -- Pub. L. 96-607 substituted ''such sums as may be necessary
to carry out the provisions of sections 410kk to 410kk-2 of this title,
but not more than $4,100,000 for development and not more than
$1,400,000 for the acquisition of lands and interests therein for'' for
''not more than $680,000 to provide for the development of'' and
''National Historical Park'' for ''National Historic Site''.
Pub. L. 96-87 increased appropriation authorization from $180,000 to
$680,000.
16 USC SUBCHAPTER LIX-J -- WOMEN'S RIGHTS NATIONAL HISTORICAL PARK
TITLE 16 -- CONSERVATION
16 USC 410ll. Establishment
TITLE 16 -- CONSERVATION
(a) Congressional declaration of findings
The Congress finds that --
(1) The Women's Rights Convention held at the Wesleyan Methodist
Chapel in Seneca Falls, New York, in 1848 was an event of major
importance in the history of the United States because it marked the
formal beginning of the struggle of women for their equal rights.
(2) The Declaration of Sentiments approved by the 1848 Women's Rights
Convention is a document of enduring relevance, which expresses the goal
that equality and justice should be extended to all people without
regard to sex.
(3) There are nine sites located in Seneca Falls and Waterloo, New
York, associated with the nineteenth century women's rights movement
which should be recognized, preserved, and interpreted for the benefit
of the public.
(b) Statement of purposes
It is the purpose of this section to preserve and interpret for the
education, inspiration, and benefit of present and future generations
the nationally significant historical and cultural sites and structures
associated with the struggle for equal rights for women and to cooperate
with State and local entities to preserve the character and historic
setting of such sites and structures.
(c) Designation; composition
To carry out the purpose of this section there is hereby established
the Women's Rights National Historical Park (hereinafter in this section
referred to as the ''park''). The park shall consist initially of the
following designated sites in Seneca Falls and Waterloo, New York:
(1) Stanton House, 32 Washington Street, Seneca Falls;
(2) dwelling, 30 Washington Street, Seneca Falls;
(3) dwelling, 34 Washington Street, Seneca Falls;
(4) lot, 26-28 Washington Street, Seneca Falls;
(5) former Wesleyan Chapel, 126 Fall Street, Seneca Falls;
(6) theater, 128 Fall Street, Seneca Falls;
(7) Bloomer House, 53 East Bayard Street;
(8) McClintock House and related structures, 14 and 16 East Williams
Street, Waterloo; and
(9) Hunt House, 401 East Main Street, Waterloo.
(d) Acquisition of lands and interests
The Secretary is authorized to acquire by donation, purchase with
donated or appropriated funds, transfer from any other Federal agency,
or exchange lands and interests therein within sites designated as part
of the park, except that the Secretary may not acquire the fee simple
title to the land comprising the sites designated in paragraphs (7) and
(9) of subsection (c) of this section. Lands and interests therein
owned by a State or political subdivision thereof may be acquired only
by donation. Within two years of the acquisition of the property listed
in subsection (c)(8) of this section the Secretary shall have removed
all structures from the property that are not relevant to the historic
integrity of the McClintock House.
(e) Cooperative agreements
The Secretary is authorized to enter into cooperative agreements with
the owners of properties designated as part of the park, pursuant to
which the Secretary may mark, interpret, improve, restore, and provide
technical assistance with respect to the preservation and interpretation
of such properties. Such agreements shall contain, but need not be
limited to, provisions that the Secretary shall have the right of access
at reasonable times to public portions of the property for
interpretative and other purposes, and that no changes or alterations
shall be made in the property except by mutual agreement.
(f) State and local participation; financial assistance
The Secretary shall encourage State and local governmental agencies
to develop and implement plans for the preservation and rehabilitation
of sites designated as part of the park and their immediate environs, in
order to preserve the historic character of the setting in which such
sites are located. The Secretary may provide technical and financial
assistance to such agencies in the development and implementation of
such plans, but financial assistance may not exceed 50 per centum of the
cost thereof.
(g) Administration
The Secretary shall administer the park in accordance with the
provisions of this section and the provisions of law generally
applicable to the administration of units of the National Park System,
including sections 1 and 2 to 4 of this title and sections 461 to 467 of
this title.
(h) Women's Rights National Historical Park Advisory Commission;
membership; Chair; compensation and expenses; function;
consultation; termination
(1) There is hereby established the Women's Rights National
Historical Park Advisory Commission (hereinafter referred to as the
''Commission''). The Commission shall consist of eleven members, each
appointed by the Secretary for a term of five years as follows:
(A) One member appointed from recommendations submitted by the
Elizabeth Cady Stanton Foundation;
(B) One member appointed from recommendations submitted by the
Women's Hall of Fame;
(C) Two members appointed from recommendations submitted by the
Governor of New York;
(D) One member appointed from recommendations submitted by the
village of Seneca Falls;
(E) One member appointed from recommendations submitted by the town
of Seneca Falls; and
(F) Five members appointed by the Secretary, at least one of whom
shall represent an institution of higher learning and at least two of
whom shall represent national women's rights organizations.
(2) The Secretary shall designate one member to be the Chair of the
Commission. Any vacancy on the Commission shall be filled in the same
manner in which the original appointment was made.
(3) Members of the Commission shall serve without compensation as
such, but the Secretary may pay the expenses reasonably incurred by the
Commission and its members in carrying out their responsibilities under
this section upon presentation of vouchers signed by the Chair of the
Commission.
(4) The function of the Commission shall be to advise the Secretary
with respect to matters relating to the administration of the park and
the carrying out of the provisions of this section. The Secretary shall
consult with the Commission from time to time with respect to his
responsibilities and authorities under this section.
(5) The Commission shall terminate ten years from the effective date
of this section.
(i) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary
to carry out the provisions of this section, but not to exceed $700,000
for acquisition, and $500,000 for development.
(Pub. L. 96-607, title XVI, 1601, Dec. 28, 1980, 94 Stat. 3546; Pub.
L. 98-402, Aug. 28, 1984, 98 Stat. 1478; Pub. L. 100-475, 1, Oct. 6,
1988, 102 Stat. 2303.)
The effective date of this section, referred to in subsec. (h)(5),
probably means the date of enactment of Pub. L. 96-607, which was
approved Dec. 28, 1980.
1988 -- Subsec. (i). Pub. L. 100-475 substituted ''$700,000'' for
''$490,000''.
1984 -- Subsec. (c)(8). Pub. L. 98-402, 1(a), substituted
''McClintock House and related structures, 14 and 16 East Williams
Street'' for ''McClintock House, 16 East Williams Street''.
Subsec. (d). Pub. L. 98-402, 1(b), substituted ''paragraphs (7) and
(9)'' for ''paragraphs (7) through (9)'', and inserted ''Within two
years of the acquisition of the property listed in subsection (c)(8) of
this section the Secretary shall have removed all structures from the
property that are not relevant to the historic integrity of the
McClintock House.''
Committees
Section 501 of Pub. L. 96-607 provided that: ''Within three
complete fiscal years from the effective date of this Act (probably
means Dec. 28, 1980), the Secretary shall submit to the Committee on
Interior and Insular Affairs of the United States House of
Representatives and the Committee on Energy and Natural Resources of the
United States Senate, comprehensive general management plans for the
areas established pursuant to titles XII (James A. Garfield National
Historic Site, see Table set out under section 461 of this title) and
XVI (this section) of this Act, pursuant to the provisions of section
12(b) of the Act of August 18, 1970 (84 Stat. 825; 16 U.S. C. 1a-1 et
seq.) (section 1a-7(b) of this title).''
16 USC SUBCHAPTER LIX-K -- GREAT BASIN NATIONAL PARK
TITLE 16 -- CONSERVATION
16 USC 410mm. Establishment
TITLE 16 -- CONSERVATION
(a) Purpose; designation
In order to preserve for the benefit and inspiration of the people a
representative segment of the Great Basin of the Western United States
possessing outstanding resources and significant geological and scenic
values, there is hereby established the Great Basin National Park
(hereinafter in this subchapter referred to as the ''park'').
(b) Composition; filing of map; public inspection
The park shall consist of approximately seventy-six thousand acres,
as depicted on the map entitled ''Boundary Map, Great Basin National
Park, Nevada,'' numbered NA-GB 20,017, and dated October 1986. The map
shall be on file and available for public inspection in the offices of
the National Park Service, Department of the Interior, and the Office of
the Superintendent, Great Basin National Park, Nevada.
(c) Filing of legal description; public inspection
Within 6 months after October 27, 1986, the Secretary of the Interior
(hereinafter in this subchapter referred to as the ''Secretary'') shall
file a legal description of the park designated under this section with
the Committee on Interior and Insular Affairs of the United States House
of Representatives and with the Committee on Energy and Natural
Resources of the United States Senate. Such legal description shall
have the same force and effect as if included in this subchapter, except
that the Secretary may correct clerical and typographical errors in such
legal description and in the map referred to in subsection (a) of this
section. The legal description shall be on file and available for
public inspection in the offices of the National Park Service,
Department of the Interior.
(d) Incorporation of Lehman Caves National Monument within park
(1) The Lehman Caves National Monument, designated on January 24,
1922, by Presidential proclamation under the authority contained in the
Act of June 8, 1906 (34 Stat. 225) (16 U.S.C. 431-433) is hereby
abolished and the lands incorporated within the Great Basin National
Park. Any reference in any law, map, regulation, document, record, or
other paper of the United States to such national monument shall be
deemed to be a reference to Great Basin National Park.
(2) Any funds available for purposes of the national monument shall
be available for purposes of the park.
(Pub. L. 99-565, 2, Oct. 27, 1986, 100 Stat. 3181.)
Act of June 8, 1906, referred to in subsec. (d)(1), is act June 8,
1906, ch. 3060, 34 Stat. 225, known as the Antiquities Act of 1906,
which is classified generally to sections 431, 432, and 433 of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 431 of this title and Tables.
Section 1 of Pub. L. 99-565 provided that: ''This Act (enacting
this subchapter) may be known as the 'Great Basin National Park Act of
1986'.''
16 USC 410mm-1. Administration
TITLE 16 -- CONSERVATION
(a) Laws governing; conservation and protection of resources
The Secretary shall administer the park in accordance with this
subchapter and with the provisions of law generally applicable to units
of the national park system, including sections 1 and 2 to 4 of this
title. The Secretary shall protect, manage, and administer the park in
such manner as to conserve and protect the scenery, the natural,
geologic, historic, and archaeological resources of the park, including
fish and wildlife and to provide for the public use and enjoyment of the
same in such a manner as to perpetuate these qualities for future
generations.
(b) Fishing
The Secretary shall permit fishing on lands and waters under his
jurisdiction within the park in accordance with the applicable laws of
the United States and the State of Nevada, except that he may designate
zones where, and periods when, no fishing may be permitted for reasons
of public safety. Except in emergencies, any regulations prescribing
such restrictions relating to fishing, shall be put into effect only
after consultation with the appropriate State agency having jurisdiction
over fishing activities.
(c) Preparation of management plan; submission to Congress;
amendment of plan
After notice and opportunity for public hearing, the Secretary shall
prepare a management plan for the park. The Secretary shall submit such
plan to the Committee on Interior and Insular Affairs of the United
States House of Representatives and with the Committee on Energy and
Natural Resources of the United States Senate within three years after
October 27, 1986. Such plan may be amended from time to time. The plan
shall include, but not be limited to, provisions related to grazing
within the park to the extent permitted under subsection (e) of this
section and provisions providing for the appropriate management of fish
and wildlife and fishing within the park in accordance with subsection
(b) of this section. Such provisions shall be adopted only after
consultation with the appropriate State agency having jurisdiction over
fish and wildlife.
(d) Withdrawal of lands from mining and mineral leasing
Subject to valid existing rights, Federal lands and interests
therein, within the park, are withdrawn from disposition under the
public lands laws and from entry or appropriation under the mining laws
of the United States, from the operation of the mineral leasing laws of
the United States, and from operation of the Geothermal Steam Act of
1970, as amended (30 U.S.C. 1001 et seq.).
(e) Grazing
Subject to such limitations, conditions, or regulations as he may
prescribe, the Secretary shall permit grazing on lands within the park
to the same extent as was permitted on such lands as of July 1, 1985.
Grazing within the park shall be administered by the National Park
Service.
(f) Exchange of park grazing allotment for grazing allotment outside
park
At the request of the permittee, or at the initiative of the
Secretary, negotiations may take place at any time with holders of valid
existing grazing permits on land within the park, for an exchange of all
or part of their grazing allotments for allotments outside the park. No
such exchange shall take place if, in the opinion of the affected
Federal land management agency, the exchange would result in overgrazing
of Federal lands.
(g) Water-related range improvements
Existing water-related range improvements inside the park may be
maintained by the Secretary or the persons benefitting from them,
subject to reasonable regulation by the Secretary.
(h) Reservation to United States of new express or implied water or
water-related right not established; exception
Nothing in this subchapter shall be construed to establish a new
express or implied reservation to the United States of any water or
water-related right with respect to the land described in section 410mm
of this title: Provided, That the United States shall be entitled to
only that express or implied reserved water right which may have been
associated with the initial establishment and withdrawal of Humboldt
National Forest and the Lehman Caves National Monument from the public
domain with respect to the land described in section 410mm of this
title. No provision of this subchapter shall be construed as
authorizing the appropriation of water, except in accordance with the
substantive and procedural law of the State of Nevada.
(i) Cooperative agreements with Federal and other agencies;
interpretation of Great Basin physiographic region
In order to encourage unified and cost-effective interpretation of
the Great Basin physiographic region, the Secretary is authorized and
encouraged to enter into cooperative agreements with other Federal,
State, and local public departments and agencies providing for the
interpretation of the Great Basin physiographic region. Such agreements
shall include, but not be limited to, authority for the Secretary to
develop and operate interpretive facilities and programs on lands and
waters outside of the boundaries of such park, with the concurrence of
the owner or administrator thereof.
(Pub. L. 99-565, 3, Oct. 27, 1986, 100 Stat. 3182.)
The public lands laws, referred to in subsec. (d), are classified
generally to Title 43, Public Lands.
The mining laws of the United States, referred to in subsec. (d),
are classified generally to Title 30, Mineral Lands and Mining.
Mineral leasing laws of the United States, referred to in subsec.
(d), have been defined in sections 351, 505, 530, and 541e of Title 30,
to mean acts Oct. 20, 1914, ch. 330, 38 Stat. 741; Feb. 25, 1920,
ch. 85, 41 Stat. 437; Apr. 17, 1926, ch. 158, 44 Stat. 301; and
Feb. 7, 1927, ch. 66, 44 Stat. 1057. The act of Oct. 20, 1914, was
repealed by Pub. L. 86-252, 1, Sept. 9, 1959, 73 Stat. 490. The act of
Feb. 25, 1920, is known as the Mineral Leasing Act and is classified
generally to chapter 3A ( 181 et seq.) of Title 30. The act of Apr. 17,
1926, is classified generally to subchapter VIII ( 271 et seq.) of
chapter 3A of Title 30. The act of Feb. 7, 1927, is classified
principally to subchapter IX ( 281 et seq.) of chapter 3A of Title 30.
For complete classification of these Acts to the Code, see Tables.
The Geothermal Steam Act of 1970, as amended, referred to in subsec.
(d), is Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, which is
classified principally to chapter 23 ( 1001 et seq.) of Title 30. For
complete classification of this Act to the Code, see Short Title note
set out under section 1001 of Title 30 and Tables.
16 USC 410mm-2. Acquisition of land
TITLE 16 -- CONSERVATION
(a) The Secretary may acquire land or interests in land within the
boundaries of the park by donation, purchase with donated or
appropriated funds, or exchange, but no such lands or interests therein
may be acquired without the consent of the owner thereof. Lands owned by
the State of Nevada or any political subdivision thereof may be acquired
only by donation or exchange.
(b) Lands and waters, and interests therein, within the boundaries of
the park which were administered by the Forest Service, United States
Department of Agriculture prior to October 27, 1986, are hereby
transferred to the administrative jurisdiction of the Secretary to be
administered in accordance with this subchapter. The boundaries of the
Humboldt National Forest shall be adjusted accordingly.
(Pub. L. 99-565, 4, Oct. 27, 1986, 100 Stat. 3183.)
16 USC 410mm-3. Authorization of appropriations
TITLE 16 -- CONSERVATION
(a) Not more than $800,000 are authorized to be appropriated for
development of the park.
(b) Not more than $200,000 are authorized to be appropriated for
acquisition of lands and interests in land within the park.
(Pub. L. 99-565, 5, Oct. 27, 1986, 100 Stat. 3183.)
16 USC SUBCHAPTER LIX-L -- SAN FRANCISCO MARITIME NATIONAL HISTORICAL
PARK
TITLE 16 -- CONSERVATION
16 USC 410nn. Establishment
TITLE 16 -- CONSERVATION
(a) In general
In order to preserve and interpret the history and achievements of
seafaring Americans and of the Nation's maritime heritage, especially on
the Pacific coast, there is hereby established the San Francisco
Maritime National Historical Park (hereinafter in this subchapter
referred to as the ''park'').
(b) Area included
The park shall consist of the lands and interests therein within the
area generally depicted on the map entitled ''Boundary Map, San
Francisco Maritime National Historical Park'', numbered 641/80,053 and
dated April 7, 1987. The map shall be on file and available for public
inspection in the offices of the National Park Service, Department of
the Interior and in the office of the Superintendent of the park. If
the Secretary of the Interior (hereinafter in this subchapter referred
to as the ''Secretary'') determines, upon completion of the General
Management Plan for the park, that the inclusion of the property at
Jefferson and Hyde Streets, San Francisco, known as the Haslett
Warehouse, would promote the purposes of the park, the Secretary may
adjust the boundaries of the park to include that property after
notification to the Committee on Interior and Insular Affairs of the
United States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate. The Secretary may make
other minor revisions of the boundary of the park in accordance with
section 460l-9(c) of this title.
(c) Golden Gate National Recreation Area
The Secretary shall revise the boundaries of the Golden Gate National
Recreation Area to exclude from the National Recreation Area the area
within the park (as depicted on the boundary map referred to in
subsection (b) of this section). The Secretary shall transfer to the
jurisdiction of the park all real and personal property of the United
States administered by the Secretary as part of the National Recreation
Area located within the boundaries of the park (including the museum
building), together with all vessels, marine collections, libraries,
historic documents, equipment and other marine artifacts which are
administered by the Secretary as part of the National Recreation Area
and which relate to maritime history.
(d) Museum building
The building housing and displaying the marine collections,
libraries, historic documents, equipment, and marine artifacts shall be
named the ''Sala Burton Building'' and an appropriate plaque with this
designation shall be prominently displayed as part of the structure.
(Pub. L. 100-348, 2, June 27, 1988, 102 Stat. 654.)
This subchapter, referred to in subsecs. (a) and (b), was in the
original ''this Act'', meaning Pub. L. 100-348, June 27, 1988, 102
Stat. 654, known as the San Francisco Maritime National Historical Park
Act of 1988, which enacted this subchapter and amended section 460bb-3
of this title. For complete classification of this Act to the Code, see
Short Title note set out below and Tables.
Section 1 of Pub. L. 100-348 provided that: ''This Act (enacting
this subchapter and amending section 460bb-3 of this title) may be cited
as the 'San Francisco Maritime National Historical Park Act of 1988'.''
16 USC 410nn-1. Administration
TITLE 16 -- CONSERVATION
(a) In general
The Secretary shall administer the park in accordance with this
subchapter and with the provisions of law generally applicable to units
of the National Park System, including sections 1 and 2 to 4 of this
title, sections 461 to 467 of this title, and the National Historic
Preservation Act (16 U.S.C. 470 et seq.). The Secretary shall manage the
park in such manner as will preserve and perpetuate knowledge and
understanding of American maritime history and to provide for public
understanding and enjoyment of maritime history.
(b) Donations
The Secretary may accept and retain donations of funds, property, or
services from individuals, foundations, corporations, or public entities
for the purpose of providing services and facilities which he deems
consistent with the purposes of this subchapter.
(c) Leasing
The Secretary may lease any real or personal property, including
vessels and heavy marine equipment such as floating drydocks, which is
administered as part of the park. The net receipts from any such lease
shall be credited in accordance with section 460bb-3(f) of this title.
(d) Fees
Notwithstanding any other provision of law, the Secretary may impose
entrance fees for admission to the ships in such amounts as he deems
appropriate and may impose fees for the use by groups or organizations
of the ships. All receipts from such fees shall be credited in
accordance with section 460bb-3(f) of this title.
(e) General management plan
Within 2 years after establishment of the park, the Secretary shall
prepare and transmit to the Committee on Interior and Insular Affairs of
the United States House of Representatives and the Committee on Energy
and Natural Resources of the United States Senate a general management
plan for the park. The plan shall include, but not be limited to:
(1) a description of the resources of the park including, but not
limited to, maritime and associated artifacts, documents, the following
historic vessels: the sailing ship Balclutha; the steam schooner
Wapama; the steamship SS Jeremiah O'Brien; the ferry Eureka; the
schooner C.A. Thayer; the tug Ellpleton Hall; the tug Hercules; and
the scow schooner Alma, and other real and personal property comprising
the park collections such as written and illustrative material, objects,
wrecks, small watercraft, and vessels;
(2) plans for the preservation of each historic vessel, including
docking facilities, maintenance and ship repair facilities, and
estimates for the costs thereof; a determination of the need for
permanent docking facilities in a location best suited to the
preservation of the historic vessels and for visitor access to the
historic vessels; methods of accommodating visitors while protecting
the historic vessels; and methods for providing for the proper care,
exhibition, and storage of the park collections;
(3) plans for the location, preliminary design, and estimated cost of
public facilities to be developed for the park, including a museum
building, visitor parking, and public transit access; and
(4) Plans /1/ for the interpretation of the historic vessels and park
collections.
(Pub. L. 100-348, 3, June 27, 1988, 102 Stat. 655.)
The National Historic Preservation Act, referred to in subsec. (a),
is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, which is
classified generally to subchapter II ( 470 et seq.) of chapter 1A of
this title. For complete classification of this Act to the Code, see
section 470(a) of this title and Tables.
/1/ So in original. Probably should not be capitalized.
16 USC 410nn-2. Acquisition of property
TITLE 16 -- CONSERVATION
(a) General authority
The Secretary may acquire land and interests in land within the
boundaries of the park by donation, purchase with donated or
appropriated funds, or exchange.
(b) Transfers from other agencies
The Secretary of Commerce may transfer the Liberty Ship SS Jeremiah
O'Brien to the Secretary for inclusion in the historic fleet of the
park. Any other Federal property located within the boundaries of the
park which is under the administrative jurisdiction of another
department or agency of the United States may, with the concurrence of
the head of the administering department or agency, be transferred
without consideration to the administrative jurisdiction of the
Secretary for the purposes of the park.
(c) State and local lands
Lands, and interests in lands, within the boundaries of the park
which are owned by the State of California or any political subdivision
thereof, may be acquired only by donation. Notwithstanding any other
provision of law, the Secretary is authorized to enter into an agreement
with the State of California or any political subdivision thereof under
which the Secretary may improve and may use appropriated funds for the
improvement of berthing facilities if the State or any political
subdivision thereof makes available to the Secretary, in accordance with
terms and conditions acceptable to the Secretary, lands and interests in
land for the purpose of berthing the ships and providing visitor access
to the historic ships.
(d) Historic vessels and other property
(1) In furtherance of the administration of the park, the Secretary
is authorized to acquire by donation, purchase with donated or
appropriated funds, or exchange such property as may be appropriate to
carry out the purposes of this subchapter, including vessels, heavy
marine equipment, and drydock facilities. The Secretary shall notify
the Committee on Interior and Insular Affairs of the United States House
of Representatives and the Committee on Energy and Natural Resources of
the United States Senate in writing not less than 90 days before
acquisition of any large historic vessel. Such notification shall
indicate the estimated cost of preservation, restoration if appropriate,
and maintenance of the vessel concerned.
(2) Acquisition Limitation. -- The Secretary shall not acquire any
historic vessel pursuant to this subsection until the Secretary has
notified the Committees in writing that sufficient funds have been made
available to preserve and maintain those vessels listed in section
410nn-1(e)(1) of this title.
(Pub. L. 100-348, 4, June 27, 1988, 102 Stat. 656.)
16 USC 410nn-3. Advisory Commission
TITLE 16 -- CONSERVATION
(a) Establishment
There is hereby established the Advisory Commission of the San
Francisco Maritime National Historical Park (hereinafter in this
subchapter referred to as the ''Commission''). The Commission shall be
composed of 12 members appointed by the Secretary as follows:
(1) 3 members appointed for terms of 4 years from recommendations
submitted by the National Maritime Museum Association.
(2) 2 members appointed for terms of 4 years from recommendations
submitted by the Governor of the State of California, at least one of
whom shall have professional expertise in maritime historic
preservation.
(3) 4 members appointed for terms of 5 years from recommendations
submitted by the Mayor of San Francisco with special consideration given
to individuals with knowledge of museum and/or maritime issues and who
represent the local fishing industry, recreational users, the business
community, and neighborhood groups.
(4) 1 member appointed for a term of 5 years from recommendations
from the Secretary of Commerce, who shall have professional expertise in
the maritime industry.
(5) 2 members appointed for terms of 5 years, who shall have
professional expertise in maritime history or historic preservation.
Any member of the Commission appointed for a definite term may serve
after the expiration of his term until his successor is appointed. A
vacancy in the Commission shall be filled in the manner in which the
original appointment was made.
(b) Compensation
Members of the Commission shall serve without pay. While away from
their homes or regular places of business in the performance of services
for the Commission, members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in Government service are allowed
expenses under section 5703 of title 5.
(c) Officers
The Chair and other officers of the Commission shall be elected by a
majority of the members of the Commission to serve for terms established
by the Commission.
(d) Meetings
The Commission shall meet at the call of the Chair or a majority of
its members, but not less than twice annually. Seven members of the
Commission shall constitute a quorum. Consistent with the public
meeting requirements of the Federal Advisory Committee Act, the
Commission shall, from time to time, meet with persons concerned with
maritime preservation.
(e) Bylaws and charter
The Commission may make such bylaws, rules, and regulations as it
considers necessary to carry out its functions under this subchapter.
The provisions of section 14(b) of the Federal Advisory Committee Act
(Act of October 6, 1972; 86 Stat. 776), are hereby waived with respect
to this Commission.
(f) Functions
The Commission shall advise the Secretary on the management and
development of the park. The Secretary, or his designee, shall from
time to time, but at least semiannually, meet and consult with the
Commission on matters relating to the management and development of the
park.
(g) Termination
The Commission shall cease to exist 10 years after the date on which
the first meeting of the Commission is held.
(Pub. L. 100-348, 5, June 27, 1988, 102 Stat. 656.)
The Federal Advisory Committee Act, referred to in subsecs. (d) and
(e), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which
is set out in the Appendix to Title 5, Government Organization and
Employees.
16 USC 410nn-4. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this subchapter, but not to
exceed $200,000 for planning.
(Pub. L. 100-348, 7, June 27, 1988, 102 Stat. 658.)
16 USC SUBCHAPTER LIX-M -- NATCHEZ NATIONAL HISTORICAL PARK
TITLE 16 -- CONSERVATION
16 USC 410oo. Purposes
TITLE 16 -- CONSERVATION
The purposes of this subchapter are to --
(1) preserve and interpret the history of Natchez, Mississippi, as a
significant city in the history of the American South;
(2) preserve and interpret the sites and structures associated with
all the peoples of Natchez and its surrounding area from earliest
inhabitants to the modern era, and including blacks both slave and free;
(3) preserve and interpret the region's social, political, and
economic development, with particular emphasis on the pre- and
post-Civil War eras; and
(4) preserve and interpret the region's commercial and agricultural
history, especially in relation to the Mississippi River and cotton.
(Pub. L. 100-479, 1, Oct. 7, 1988, 102 Stat. 2324.)
16 USC 410oo-1. Establishment
TITLE 16 -- CONSERVATION
(a) In general
In order to provide for the benefit, inspiration, and education of
the American people, there is hereby established the Natchez National
Historical Park (hereinafter in this subchapter referred to as the
''park'') in the State of Mississippi.
(b) Area included
The park shall consist of the historic districts established under
this subchapter and the following properties:
(1) The lands and structures known as Melrose, together with all
personal property located on such lands.
(2) The lands and improvements thereon known as, or associated with,
Fort Rosalie.
(3) The lands and structures known as the William Johnson House,
together with all personal property located on such lands, and the
building adjacent thereto which bears a common wall.
The property referred to in paragraph (2) shall be included within
the park only if the Secretary of the Interior (hereinafter in this
subchapter referred to as the ''Secretary'') determines that the
historic resources of Fort Rosalie are of sufficient national
significance and integrity to warrant inclusion in the National Park
System. The Secretary shall make such determination after receiving
from the Governor of the State of Mississippi and the mayor of the city
of Natchez, in consultation with the State Historic Preservation
Officer, a recommendation based on scholarly research as to the national
significance and integrity of such historic resources.
(c) Boundaries; map
The Secretary shall prepare a map of the lands included within the
park. Such map shall be on file and available for public inspection in
the offices of the National Park Service at the park and at the
Department of the Interior in the District of Columbia. The Secretary
may from time to time make minor revisions in the boundary of the park
in accordance with section 460l-9(c) of this title.
(Pub. L. 100-479, 2, Oct. 7, 1988, 102 Stat. 2324; Pub. L. 101-399,
1(a), Sept. 28, 1990, 104 Stat. 860.)
1990 -- Subsec. (b)(3). Pub. L. 101-399 added par. (3).
16 USC 410oo-2. Acquisition of property
TITLE 16 -- CONSERVATION
Except as otherwise provided in this section, the Secretary may
acquire, by donation, purchase with donated or appropriated funds, or
exchange, land or interests in land, together with structures and other
improvements thereon and personal property, which is included within the
park. In addition the Secretary may acquire by any such means such
personal property associated with the park as he deems appropriate for
interpretation of the park and such additional lands and properties as
may be necessary for purposes of an administrative headquarters and
administrative site. Any land, interests in land, structures,
improvements, or personal property owned by the State of Mississippi or
any political subdivision thereof, may be acquired only by donation.
The Secretary may not acquire fee title to any property other than the
property he deems necessary for an administrative site and headquarters
and the property referred to in paragraph (1), (2), or (3) of section
410oo-1 of this title, and the Secretary may not acquire the property
referred to in paragraph (1) of section 410oo-1 of this title unless at
least 25 per centum of the fair market value of such property (as
determined by the Secretary) is donated to the United States in
connection with such acquisition. The Secretary may not acquire the
property referred to in paragraph (3) of section 410oo-1(b) of this
title except by donation.
(Pub. L. 100-479, 3, Oct. 7, 1988, 102 Stat. 2325; Pub. L. 101-399,
1(b), Sept. 28, 1990, 104 Stat. 860.)
1990 -- Pub. L. 101-399 substituted ''referred to in paragraph (1),
(2), or (3)'' for ''referred to in paragraph (1) or (2)'' and inserted
at end ''The Secretary may not acquire the property referred to in
paragraph (3) of section 410oo-1(b) of this title except by donation.''
16 USC 410oo-3. Administration of park
TITLE 16 -- CONSERVATION
(a) In general
The Secretary shall administer the park in accordance with this
subchapter and with the provisions of law generally applicable to units
of the National Park System, including sections 1 and 2 to 4 of this
title and sections 461 to 467 of this title. Properties acquired under
this subchapter for purposes of inclusion in the park shall be available
for visitor inspection and enjoyment as promptly as practicable after
the date of acquisition notwithstanding the absence of a park management
plan.
(b) Donations
Notwithstanding any other provision of law, the Secretary may accept
and expend donations of funds, property, or services from individuals,
foundations, corporations, or public entities for the purpose of
providing services and facilities which he deems consistent with the
purposes of this subchapter.
(c) Historic districts
(1) Study of historic properties
The Secretary shall prepare and transmit to the Committee on Interior
and Insular Affairs of the United States House of Representatives and to
the Committee on Energy and Natural Resources of the United States
Senate a study of the properties in the city of Natchez and its
immediate environs that preserve and interpret the history contained in
the purposes of this subchapter. Such report shall consider which
properties best exemplify such purposes and appropriate means for
providing technical assistance to, and interpretation of, such
properties. The study and report shall include consideration of
Natchez-Under-the-Hill and the Briars.
(2) Establishment of districts
Following completion of the study under paragraph (1), but not later
than one year after October 7, 1988, the Secretary shall establish
historic districts in the city of Natchez and its immediate environs for
the preservation and interpretation of the resources that contribute to
the understanding of the purposes of this subchapter.
(3) Cooperative agreements with owners
In furtherance of the purposes of this subchapter, and after
consultation with the Advisory Commission established by this
subchapter, the Secretary is authorized to enter into cooperative
agreements with the owners of properties of historical or cultural
significance (as determined by the Secretary) within any historic
district established under this subsection. Such agreements shall
permit the Secretary to mark, interpret, improve, restore, and provide
technical assistance with respect to the preservation and interpretation
of such properties. Such agreements shall contain, but need not be
limited to, provisions that the Secretary shall have the right of access
at reasonable times to public portions of any property covered by such
agreement for purposes of conducting visitors through such properties
and interpreting them to the public, and that no changes or alterations
shall be made in the property except by mutual agreement between the
Secretary and other parties to the agreement.
(d) General management plan
Within three complete fiscal years after October 7, 1988, the
Secretary shall submit to the Committee on Interior and Insular Affairs
of the United States House of Representatives and to the Committee on
Energy and Natural Resources of the United States Senate a general
management plan for the park. The plan shall be prepared in accordance
with section 1a-7(b) of this title. Such plan shall identify
appropriate facilities for proper interpretation of the site for
visitors.
(Pub. L. 100-479, 4, Oct. 7, 1988, 102 Stat. 2325.)
16 USC 410oo-4. Natchez Trace study
TITLE 16 -- CONSERVATION
The Secretary shall prepare, in consultation with the city of
Natchez, a study of the feasibility of extending the Natchez Trace
within the city of Natchez, including the acceptance of donations of
rights-of-way. The Secretary shall transmit the study to the Committee
on Interior and Insular Affairs of the United States House of
Representatives and to the Committee on Energy and Natural Resources of
the United States Senate within one year after October 7, 1988.
(Pub. L. 100-479, 5, Oct. 7, 1988, 102 Stat. 2326.)
16 USC 410oo-5. Advisory Commission
TITLE 16 -- CONSERVATION
(a) Establishment
There is hereby established the Natchez National Historical Park
Advisory Commission (hereinafter in this subchapter referred to as the
''Advisory Commission''). The Advisory Commission shall be composed of
six members appointed by the Secretary. Two of such members shall be
appointed from among individuals nominated by the mayor of Natchez and
one from among individuals nominated by the Governor of Mississippi.
Two of the members shall have expertise in historic preservation and one
shall have expertise in architectural history. Any member of the
Advisory Commission appointed for a definite term may serve after the
expiration of his term until his successor is appointed. The Advisory
Commission shall designate one of its members as Chairperson.
(b) Management and development issues
The Secretary, or his designee, shall from time to time, but at least
semiannually, meet and consult with the Advisory Commission on matters
relating to the management and development of the park.
(c) Meetings
The Advisory Commission shall meet on a regular basis. Notice of
meetings and agenda shall be published in local newspapers which have a
distribution which generally covers the area affected by the park.
Advisory Commission meetings shall be held at locations and in such a
manner as to ensure adequate public involvement.
(d) Expenses
Members of the Advisory Commission shall serve without compensation
as such, but the Secretary may pay expenses reasonably incurred in
carrying out their responsibilities under this subchapter on vouchers
signed by the Chairman.
(e) Charter
The provisions of section 14(b) of the Federal Advisory Committee Act
(Act of October 6, 1972; 86 Stat. 776), are hereby waived with respect
to this Advisory Commission.
(Pub. L. 100-479, 6, Oct. 7, 1988, 102 Stat. 2326.)
Section 14 of the Federal Advisory Committee Act, referred to in
subsec. (e), is section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
770, as amended, which is set out in the Appendix to Title 5, Government
Organization and Employees.
Advisory commissions established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the date
of their establishment, unless, in the case of a commission established
by the President or an officer of the Federal Government, such
commission is renewed by appropriate action prior to the expiration of
such 2-year period, or in the case of a commission established by the
Congress, its duration is otherwise provided for by law. See sections
3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set
out in the Appendix to Title 5, Government Organization and Employees.
16 USC 410oo-6. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated not to exceed
$12,000,000 to carry out this subchapter.
(Pub. L. 100-479, 7, Oct. 7, 1988, 102 Stat. 2327.)
16 USC SUBCHAPTER LIX-N -- ZUNI-CIBOLA NATIONAL HISTORICAL PARK
TITLE 16 -- CONSERVATION
16 USC 410pp. Establishment of park
TITLE 16 -- CONSERVATION
(a) Establishment
In order to preserve and protect for the benefit of present and
future generations certain nationally significant historical,
archeological, cultural, and natural sites and resources associated with
the Zuni Tribe, and in order to assist members of the Zuni Tribe in
preserving and interpreting their tribal culture, there is hereby
established the Zuni-Cibola National Historical Park. The park shall
consist of lands with respect to which the Secretary of the Interior has
accepted a leasehold pursuant to section 410pp-1 of this title.
(b) Effective date
This section shall take effect on the date of publication by the
Secretary, pursuant to section 410pp-1 of this title, of a notice that
the Secretary has accepted a leasehold interest that meets the
requirements of this subchapter.
(c) Termination
This section shall terminate and shall be ineffective 6 years after
October 31, 1988, unless prior to the end of such 6-year period the
Secretary has published a notice of acceptance of a leasehold pursuant
to section 410pp-1 of this title.
(Pub. L. 100-567, 2, Oct. 31, 1988, 102 Stat. 2847; Pub. L.
101-313, title III, 302(1), June 27, 1990, 104 Stat. 279.)
This subchapter, referred to in subsec. (b), was in the original
''this Act'', meaning Pub. L. 100-567, Oct. 31, 1988, 102 Stat. 2847,
known as the Zuni-Cibola National Historical Park Establishment Act of
1988, which enacted this subchapter and amended section 460uu-12 of this
title. For complete classification of this Act to the Code, see Short
Title note set out below and Tables.
1990 -- Subsec. (c). Pub. L. 101-313 substituted ''6 years'' for
''24 months'' and ''6-year period'' for ''24-month period''.
Section 1 of Pub. L. 100-567 provided that: ''This Act (enacting
this subchapter and amending section 460uu-12 of this title) may be
cited as the 'Zuni-Cibola National Historical Park Establishment Act of
1988'.''
16 USC 410pp-1. Acquisition of leasehold
TITLE 16 -- CONSERVATION
(a) Authority of Secretary
If, no later than 5 1/2 years after October 31, 1988, the Zuni Tribe,
after consultation with the Bureau of Indian Affairs, offers to the
Secretary a leasehold interest in trust lands of the Zuni Indian
Reservation, in New Mexico, meeting the requirements of this subchapter,
the Secretary is authorized and directed to accept such leasehold on
behalf of the National Park Service and to publish in the Federal
Register a notice of such acceptance.
(b) Requirements
The Secretary shall accept a leasehold under subsection (a) of this
section if such leasehold --
(1) would continue for a period of at least 99 years;
(2) would require no rentals or other payments by the United States
to the Zuni Tribe or any other party;
(3) would be applicable to no more than 800 acres of lands within the
Zuni Indian Reservation that the Director of the National Park Service,
after consultation with the Zuni Tribe and the Bureau of Indian Affairs,
has determined to be necessary and adequate to carry out the purposes
specified in section 410pp-2(a) of this title; and
(4) would not be inconsistent with any of the provisions of this
subchapter.
(c) Map
As soon as possible after publication of a notice of acceptance
pursuant to subsection (a) of this section, the Secretary shall prepare
a map of the park and shall provide copies of such map to the Committee
on Interior and Insular Affairs of the House of Representatives and the
Committee on Energy and Natural Resources and the Select Committee on
Indian Affairs of the Senate.
(d) Boundary adjustments
The Secretary, after consultation with the Advisory Commission and
with the agreement of the Zuni Tribe, may make minor revisions in the
boundary of the park. Prior to making any such revision, the Secretary
shall provide notice of the proposed change in the boundary to the
Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources and
Select Committee on Indian Affairs of the Senate. No such revision
shall take effect sooner than 60 days after such notice has been
provided to such Committees. After the effective date of any such
revision, the Secretary shall prepare a revised map of the park, copies
of which shall be provided to such Committees.
(Pub. L. 100-567, 3, Oct. 31, 1988, 102 Stat. 2847; Pub. L.
101-313, title III, 302(2), June 27, 1990, 104 Stat. 279.)
1990 -- Subsec. (a). Pub. L. 101-313 substituted ''5 1/2 years'' for
''18 months''.
16 USC 410pp-2. Management
TITLE 16 -- CONSERVATION
(a) Purposes
(1) The Secretary, acting through the Director of the National Park
Service, and in consultation with the Advisory Commission established
pursuant to section 410pp-4 of this title, shall manage the lands
covered by any leasehold accepted by the Secretary pursuant to section
410pp-1 of this title as a unit of the National Park System consistent
with the provisions of this subchapter, and sections 1 and 2 to 4 of
this title, and sections 461 to 467 of this title.
(2) The Secretary shall protect, manage, and administer the park for
the purposes of preserving the historical, archeological, natural,
scientific, cultural, and other resources and values of the park and
providing for the public understanding and enjoyment of the same in such
a manner as to perpetuate these resources and values for future
generations.
(3) In implementing this subchapter, the Secretary shall cooperate
with the Zuni Tribe.
(b) Jurisdiction
The Secretary is authorized to accept concurrent jurisdiction from
the Zuni Tribe for the purpose of law enforcement.
(c) Consultation
The Secretary, acting through the Director of the National Park
Service, shall consult regularly with the Commission established
pursuant to section 410pp-4 of this title. The Commission shall advise
the Secretary on the management and operation of the park.
(d) Fees
All enrolled members of the Zuni Tribe shall be exempt from the
payment of fees for admission into the park.
(e) Training
In furtherance of the purposes specified in subsection (a)(2) of this
section, and after consultation with the Advisory Commission established
by section 410pp-4 of this title, the Secretary is authorized to enter
into cooperative agreements with the Zuni Tribe, its subordinate boards,
committees and enterprises, and individual members of the Zuni Tribe for
the purpose of providing training of Zuni tribal members on the
interpretation, management, protection, and preservation of
archaeological and historical properties and in the provision of public
services on the Zuni Indian Reservation needed for the fulfillment of
the purposes specified in subsection (a)(2) of this section.
(f) Preference
To the extent feasible, the Secretary shall exercise existing
authorities so as to give preference to employing qualified members of
the Zuni Tribe in the development, interpretation, and management of the
park and in carrying out other activities related to the park.
(Pub. L. 100-567, 4, Oct. 31, 1988, 102 Stat. 2848.)
16 USC 410pp-3. Federal consistency
TITLE 16 -- CONSERVATION
(a) Federal actions
The head of any Federal agency conducting or supporting activities
directly or indirectly affecting the park shall --
(1) consult with, cooperate with, and, to the maximum extent
practicable, coordinate its activities with the Secretary and with the
Advisory Commission; and
(2) conduct or support such activities in a manner which --
(A) to the maximum extent practicable is consistent with the
standards and criteria established pursuant to the plan required in
section 410pp-5 of this title, and
(B) will not have a significant adverse effect on the resources or
values of the park, as determined by the Secretary.
(b) Permits
No Federal agency may issue any license or permit to any person to
conduct any activity within the park or which could affect the resources
or values of the park unless the Secretary determines that any such
proposed activity within the park will be conducted in a manner
consistent with the standards and criteria established pursuant to the
plan required in section 410pp-5 of this title and wherever occurring
will not have a significant adverse effect on the resources or values of
the park.
(c) Limitation
The provisions of this section shall apply only with respect to
activities begun and licenses or permits issued after October 31, 1988.
(Pub. L. 100-567, 5, Oct. 31, 1988, 102 Stat. 2849.)
16 USC 410pp-4. Establishment of Zuni-Cibola Advisory Commission
TITLE 16 -- CONSERVATION
(a) Establishment
(1) There is established within the Department of the Interior a
commission to be known as the Zuni-Cibola National Historical Park
Advisory Commission which shall advise regularly the Director of the
National Park Service on the planning, management, and administration of
the park. The Advisory Commission shall consist of the Governor of the
Zuni Tribe, the Director of the National Park Service, the Secretary of
the Smithsonian Institution, the State Historic Preservation Officer of
New Mexico (or their designees), and three members appointed by the
Secretary from recommendations made by the Governor of the Zuni Tribe.
(2) The Advisory Commission is authorized to employ an administrative
director who shall be appointed by the Advisory Commission and who shall
be paid at a rate not to exceed the rate of pay payable for grade GS-12
of the General Schedule.
(3) The administrative director of the Advisory Commission may be
appointed without regard to the provisions of title 5 governing
appointments in the competitive service, and may be paid without regard
to the provisions of chapter 51, and subchapter III of chapter 53 of
such title relating to classification and General Schedule pay rates,
except that the individual so appointed may not receive pay in excess of
the annual rate of basic pay payable for grade GS-12 of the General
Schedule.
(4) The Administrator of the General Services Administration shall
provide to the Advisory Commission on a reimbursable basis such
administrative support services as the Advisory Commission may request.
(b) Terms
The initial terms of members of the Advisory Commission appointed by
the Secretary pursuant to subsection (a) of this section shall be
staggered, as determined by the Secretary, in order to assure continuity
in the administration of the Advisory Commission. Thereafter the term
shall be four years. Any member of the Advisory Commission appointed
for a definite term may serve after the expiration of such member's term
until a successor is appointed. A vacancy in the Advisory Commission
shall be filled in the manner in which the original appointment was
made. The advisory /1/ Commission shall exist for the duration of a
leasehold accepted by the Secretary pursuant to section 410pp-1 of this
title, and any extensions or renewals thereof.
(c) Expenses
The non-Federal members of the Advisory Commission appointed pursuant
to subsection (a) of this section while away from their homes or regular
places of business in the performance of services for the Advisory
Commission, shall be allowed travel and all other related expenses,
including per diem in lieu of subsistence, in the same manner as persons
employed intermittently in Government service are allowed expenses under
section 5703 of title 5.
(d) Chair
The Governor of the Zuni Tribe shall be the Chair of the Advisory
Commission. Other officers of the Advisory Commission shall be elected
by a majority of the members of the Advisory Commission to serve for
terms established by the Advisory Commission.
(e) Meetings
The Advisory Commission shall meet at the call of the Chair or a
majority of its members. Consistent with the public meeting
requirements of the Federal Advisory Committee Act, the Advisory
Commission shall from time to time meet with persons concerned with park
issues relating to the Zuni Tribe.
(f) Application of Federal Advisory Committee Act
Except with respect to any requirement for reissuance of a charter
and except as otherwise provided in this subchapter, the provisions of
the Federal Advisory Committee Act shall apply to the Advisory
Commission established by this section.
(Pub. L. 100-567, 6, Oct. 31, 1988, 102 Stat. 2849.)
The General Schedule, referred to in subsec. (a)(2), (3), is set out
under section 5332 of Title 5, Government Organization and Employees.
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (a)(3), are classified generally to
section 3301 et seq. of Title 5.
The Federal Advisory Committee Act, referred to in subsecs. (e) and
(f), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which
is set out in the Appendix to Title 5.
/1/ So in original. Probably should be capitalized.
16 USC 410pp-5. Park plan
TITLE 16 -- CONSERVATION
(a) Deadline
No later than 3 years after the date of the publication of a notice
pursuant to section 410pp-1(a) of this section, the Secretary, acting
through the Director of the National Park Service and in consultation
with the Advisory Commission, shall develop and transmit to the
Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources and
the Select Committee on Indian Affairs of the Senate, a general
management plan for the park which shall describe the appropriate uses
and development of the park consistent with the purposes of this
subchapter.
(b) Elements
The park plan shall include (but not be limited to) the following:
(1) Plans for implementation of a continuing program of
interpretation and visitor education about the resources and values of
the park.
(2) Proposals for visitor use facilities to be developed for the
park.
(3) Plans for management of the natural and cultural resources of the
park in order to carry out the purposes specified in section
410pp-2(a)(2) of this title, with particular emphasis on the
preservation and long-term scientific use of archeological resources,
giving high priority to the enforcement of the provisions of the
Archeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.)
and the National Historic Preservation Act (16 U.S.C. 470 et seq.)
within the park. The natural and cultural resources management plans
shall be prepared in close consultation with the New Mexico State
Historic Preservation Office and the Zuni Tribe and their traditional
cultural and religious authorities.
(4) Proposals for training members of the Zuni Tribe in such fields
as interpretation, management, and artifact curation.
(5) A plan to implement the provisions of section 410pp-6 of this
title so as to ensure the protection of the right of the Zuni people to
practice traditional Zuni religious activities within the park
boundaries in a manner consistent with the purpose and intent of the
American Indian Religious Freedom Act of August 11, 1978 (42 U.S.C.
1996).
(6) Proposals for cooperative research and interpretive programs
within the park to be carried out by the Zuni Tribe through its
archeology program, with technical assistance from the National Park
Service.
(7) Proposals for implementing the provisions of this subchapter
relating to the operation and supply of park concessions by qualified
Zuni-owned businesses.
(Pub. L. 100-567, 7, Oct. 31, 1988, 102 Stat. 2850.)
The Archelogical Resources Protection Act of 1979, referred to in
subsec. (b)(3), probably means the Archaeological Resources Protection
Act of 1979, Pub. L. 96-95, Oct. 31, 1979, 93 Stat. 721, as amended,
which is classified generally to chapter 1B ( 470aa et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 470aa of this title and Tables.
The National Historic Preservation Act, referred to in subsec. (b)(
3), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, which
is classified generally to subchapter II ( 470 et seq.) of chapter 1A of
this title. For complete classification of this Act to the Code, see
section 470(a) of this title and Tables.
16 USC 410pp-6. Cultural and religious uses
TITLE 16 -- CONSERVATION
In furtherance of the American Indian Religious Freedom Act (42 U.S.
C. 1996), the Secretary, upon the request of an appropriate official of
the Zuni Tribe, may, from time to time, temporarily close to general
public use one or more specific portions of the park in order to protect
the privacy of religious activities in such areas by Indian people. Any
such closure shall be made so as to affect the smallest practicable area
for the minimum period necessary for such purposes. Not later than 7
days after the first day on which any such closure takes effect, the
Secretary shall provide written notification of such action to the
Energy and Natural Resources Committee and Select Committee on Indian
Affairs of the United States Senate and the Committee on Interior and
Insular Affairs of the House of Representatives.
(Pub. L. 100-567, 8, Oct. 31, 1988, 102 Stat. 2851.)
16 USC 410pp-7. Definitions
TITLE 16 -- CONSERVATION
As used in this subchapter --
(1) the term ''Advisory Commission'' means the Zuni-Cibola National
Historical Park Advisory Commission established under section 410pp-4 of
this title;
(2) the term ''park'' means lands constituting a Zuni-Cibola National
Historical Park established under section 410pp of this title;
(3) the term ''park plan'' means the general management plan
developed pursuant to section 410pp-5 of this title; and
(4) the term ''Secretary'' means the Secretary of the Interior.
(Pub. L. 100-567, 9, Oct. 31, 1988, 102 Stat. 2851.)
16 USC 410pp-8. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums as may be necessary
for the purposes of this subchapter.
(Pub. L. 100-567, 11, Oct. 31, 1988, 102 Stat. 2852.)
16 USC SUBCHAPTER LIX-O -- NATIONAL PARK OF AMERICAN SAMOA
TITLE 16 -- CONSERVATION
16 USC 410qq. Findings and purpose
TITLE 16 -- CONSERVATION
(a) Findings
The Congress finds that:
(1) Tropical forests are declining worldwide.
(2) Tropical forests contain 50 percent of the world's plant and
animal species, contribute significantly to the advancement of science,
medicine, and agriculture and produce much of the earth's oxygen. The
loss of these forests leads to the extinction of species, lessening the
world's biological diversity, reduces the potential for new medicines
and crops and increases carbon dioxide levels in the atomosphere /1/
contributing to the greenhouse effect that is altering the global
climate.
(3) The tropical forest of American Samoa is one of the last
remaining undisturbed paleotropical forests.
(4) The tropical forest in American Samoa is the largest such forest
under direct control of the United States.
(5) The tropical forest of American Samoa contains the habitat of one
of the last remaining populations of Pacific flying foxes.
(6) The flying foxes of American Samoa are responsible for a large
part of the pollination which maintains a significant portion of the
species which inhabit the Samoan tropical forest.
(7) Information presently available indicates the existence of
extensive archaeological evidence related to the development of the
Samoan culture which needs to be examined and protected.
(8) The people of American Samoa have expressed a desire to have a
portion of the tropical forest protected as a unit of the National Park
System.
(b) Purpose
The purpose of this subchapter is to preserve and protect the
tropical forest and archaeological and cultural resources of American
Samoa, and of associated reefs, to maintain the habitat of flying foxes,
preserve the ecological balance of the Samoan tropical forest, and,
consistent with the preservation of these resources, to provide for the
enjoyment of the unique resources of the Samoan tropical forest by
visitors from around the world.
(Pub. L. 100-571, 1, Oct. 31, 1988, 102 Stat. 2879.)
/1/ So in original. Probably should be ''atmosphere''.
16 USC 410qq-1. Establishment
TITLE 16 -- CONSERVATION
(a) In general
In order to carry out the purposes expressed in section 410qq(b) of
this title, the Secretary of the Interior (hereinafter in this
subchapter referred to as the ''Secretary'') shall establish the
National Park of American Samoa (hereinafter in this subchapter referred
to as the ''park''). The Secretary shall establish the park only when
the Governor of American Samoa has entered into a lease with the
Secretary under which the Secretary will lease for a period of 50 years
the lands and waters generally referred to in subsection (b) of this
section for use solely for purposes of the park. Immediately after
October 31, 1988, the Secretary shall commence negotiations with the
Governor of American Samoa respecting such a lease agreement. On or
before the expiration of the lease agreement as set forth in this
subsection, the Governor of American Samoa is encouraged to extend the
lease to maintain the area as a unit of the National Park System. At
such time as the lease may terminate the Government of American Samoa is
urged to provide assurances to the Secretary that the lands and waters
generally referred to in subsection (b) of this section will be
protected and preserved to the same standards as are applicable to
national parks.
(b) Area included
The park shall consist of three units as generally depicted on the
following maps entitled ''Boundary Map, National Park of American
Samoa'': (1) map number NP-AS 80,000A, dated August 1988, (2) map
number NP-AS 80,000B, dated August 1988, and (3) map number NP-AS
80,000C, dated August 1988. Before publication of the maps, the
Secretary, after consultation with the Governor of American Samoa and
other appropriate leaders, may adjust the boundaries of the park to
correspond with the appropriate village boundaries and modify the maps
accordingly. The maps shall be on file and available for public
inspection in the offices of the National Park Service, Department of
the Interior. The Secretary may at any time make revisions of the
boundary of the park in accordance with section 460l-9(c) of this title,
pursuant to agreement with the Governor of American Samoa, and
contingent upon the lease to the Secretary of lands within the new
boundaries.
(c) Management by American Samoa
Notwithstanding section 410qq-2(a) of this title, after 50 years
after October 31, 1988, the Secretary shall, if requested by the
Governor of American Samoa, enter into an extension of the lease
referred to in subsection (a) of this section. If the Governor does not
request such an extension the Secretary shall transfer to the Governor
the sole authority to administer the park. Whenever the Secretary makes
such a transfer he shall also transfer any improvements constructed by
the Secretary in the park to the Governor without compensation.
(d) Compensation under lease agreement
(1) Notwithstanding any other provision of law, the Secretary is
authorized and directed to negotiate with the Governor of American Samoa
the amount of the payments to be made by the United States under the
50-year lease referred to in subsection (a) of this section. The
Secretary shall make such payments as may be mutually agreed to by the
Secretary and the Governor pursuant to such negotiations.
(2) The Secretary shall place all lease payments made by the United
States under the lease in an interest bearing escrow account in American
Samoa. Funds in such account may be disbursed only by the Governor, in
amounts determined by the High Court of American Samoa, to those
villages and families located within the boundaries of the park. The
High Court of American Samoa shall have exclusive jurisdiction to
determine the amount to be disbursed under this section to any person.
(3) If the amount of the lease payments to be made under the lease is
not agreed upon within 1 year after October 31, 1988, the Secretary
shall establish the escrow account referred to in paragraph (2) within
30 days after the expiration of such 1-year period and shall make
monthly payments of $25,000 per month into the account until such time
as the full value of the lease payments is agreed to and deposited.
Such deposits, together with the interest thereon, may be used only to
cover the amounts of the lease payments due and payable pursuant to an
agreement under this subsection. If the amounts deposited in such
account, together with interest thereon, exceeds /1/ the amount of the
lease payments due and payable at the time the agreement is entered
into, notwithstanding any other provision of law, the excess shall be
transferred to the accounts provided to the Secretary for operation and
maintenance and for development of the park.
(Pub. L. 100-571, 2, Oct. 31, 1988, 102 Stat. 2879.)
/1/ So in original. Probably should be ''exceed''.
16 USC 410qq-2. Administration
TITLE 16 -- CONSERVATION
(a) In general
The Secretary shall administer the park in accordance with this
subchapter and with the provisions of law generally applicable to units
of the National Park System, including the sections 1 and 2 to 4 of this
title. In the administration of the park, the Secretary may utilize
such statutory authority available to him for the conservation of
wildlife and natural and cultural resources as he deems necessary to
carry out the purposes of this subchapter, except that he may not
acquire any lands or waters or interests therein for purposes of the
park other than by lease.
(b) Traditional subsistence uses
(1) Agricultural, cultural, and gathering uses shall be permitted in
the park for subsistence purposes if such uses are generally prior
existing uses conducted in areas used for such purposes as of October
31, 1988, and if such uses are conducted in the traditional manner and
by traditional methods. No such uses shall be permitted in the park for
other than subsistence purposes.
(2) Subsistence uses of the marine areas of the park shall also be
permitted in accordance with paragraph (1), and no fishing or gathering
shall be permitted in such marine areas for other than subsistence
purposes.
(c) Interpretive facilities, etc.
Interpretative activities and interpretative facilities for the park
(including maps) shall be in at least the following languages: English
and Samoan.
(d) Employees and contracts
In addition to the Secretary's authority to employ persons to carry
out provisions of this subchapter in accordance with the civil service
laws, and notwithstanding any other provision of law, the Secretary is
authorized to --
(1) hire employees for such purposes who shall not be subject to the
civil service laws, including quotas, and
(2) enter into contracts with individuals for purposes of exercising
any authority of the Secretary within the park.
(e) Native American Samoan personnel
The Secretary shall establish a program to train native American
Samoan personnel to function as professional park service employees, to
provide services to visitors (including the interpretation of park
resources), and operate and maintain park facilities. Notwithstanding
any other provision of law, and to the extent practicable the Secretary
shall extend a preference for the hiring of native American Samoans to
carry out the Secretary's authorities under this subchapter (including
both employees and persons operating under contract).
(f) Management plan
The Secretary, in cooperation with the Governor of American Samoa,
shall prepare a general management plan for the park. The plan shall
comply with section 1a-7(b) of this title and shall contain specific
measures for the protection and preservation of tropical forest
resources and archaeological and cultural resources within the park,
including, but not limited to, protection of flying foxes and measures
to enhance visitation to the park from throughout the world, to the
extent consistent with the protection and preservation of such
resources.
(g) Advisory Board
(1) The Secretary shall establish an Advisory Board to provide advice
to the Secretary regarding the management of the park. The Advisory
Board shall be comprised of 5 members, 3 of whom shall be nominated by
the Governor of American Samoa. The Advisory Board shall designate one
of its members as Chairman.
(2) The Advisory Board shall meet on a regular basis. Notice of
meetings and agenda shall be announced in advance and meetings shall be
held at locations and in such a manner as to insure adequate public
involvement.
(3) Members of the Advisory Board shall serve without compensation as
such, but the Secretary may pay expenses reasonably incurred in carrying
out their responsibilities under this subchapter on vouchers signed by
the Chairman.
(4) The provisions of section 14(b) of the Federal Advisory Committee
Act (Act of October 6, 1972; 86 Stat. 776), are hereby waived with
respect to this Advisory Board.
(h) Review
At least every 10 years, the Secretary and the Governor, or their
designees, shall review the operation and management of the park. Such
review shall include, but need not be limited to, consideration of how
the objectives of the park can better be achieved, the need for
additional technical or other assistance, cooperative arrangements
between the Government of American Samoa and the National Park Service
in the interpretation and management of the park, and the desirability
of extension of the lease arrangement.
(i) Technical assistance
The Secretary, in providing technical or other assistance to the
Government of American Samoa may use any authority otherwise provided to
him, including requesting assistance from other Federal agencies.
(Pub. L. 100-571, 3, Oct. 31, 1988, 102 Stat. 2881.)
The civil service laws, referred to in subsec. (d), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
Section 14 of the Federal Advisory Committee Act, referred to in
subsec. (g)(4), is section 14 of Pub. L. 92-463, Oct. 6, 1972, 86
Stat. 770, as amended, which is set out in the Appendix to Title 5.
Advisory boards established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a board established by the
President or an officer of the Federal Government, such board is renewed
by appropriate action prior to the expiration of such 2-year period, or
in the case of a board established by the Congress, its duration is
otherwise provided for by law. See sections 3(2) and 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.
16 USC 410qq-3. ''Native American Samoan'' defined
TITLE 16 -- CONSERVATION
For purposes of this subchapter the term ''native American Samoan''
means a person who is a citizen or national of the United States and who
is a lineal descendant of an inhabitant of the Samoan Islands on April
18, 1900. For purposes of this subchapter, Swains Island shall be
considered part of the Samoan Islands.
(Pub. L. 100-571, 4, Oct. 31, 1988, 102 Stat. 2882.)
16 USC 410qq-4. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums as may be necessary
to carry out this subchapter.
(Pub. L. 100-571, 5, Oct. 31, 1988, 102 Stat. 2883.)
16 USC SUBCHAPTER LIX-P -- PECOS NATIONAL HISTORICAL PARK
TITLE 16 -- CONSERVATION
16 USC 410rr. Congressional declaration of purpose
TITLE 16 -- CONSERVATION
The purpose of this subchapter is --
(1) to recognize the multitheme history, including the cultural
interaction among diverse groups of people, of the Pecos area and its
''gateway'' role between the Great Plains and the Rio Grande Valley, and
(2) to provide for the preservation and interpretation of the
cultural and natural resources of the Forked Lightning Ranch by
establishing the Pecos National Historical Park.
(Pub. L. 101-313, title II, 201, June 27, 1990, 104 Stat. 278.)
Pub. L. 101-536, 1, Nov. 8, 1990, 104 Stat. 2368, provided that:
''This Act (enacting section 410rr-7 of this title and provisions set
out as a note under section 410rr-7 of this title) may be cited as the
'Pecos National Historical Park Expansion Act of 1990'.''
16 USC 410rr-1. Establishment
TITLE 16 -- CONSERVATION
(a) Preservation of existing Pecos National Monument and related
resources
In order to enhance and preserve the existing Pecos National Monument
and related nationally significant resources for the benefit and
enjoyment of present and future generations, there is hereby established
the Pecos National Historical Park (hereinafter in this subchapter
referred to as the ''park'').
(b) Park boundaries
The park shall include the existing Pecos National Monument and the
area known as the Forked Lightning Ranch which surrounds the Pecos
National Monument and shall consist of approximately 5,865 acres of the
lands and interests in lands as generally depicted on the map entitled
''Pecos National Historical Park Boundary Concept'', numbered 430/80028
and dated March 1990. The map shall be on file and available for public
inspection in the offices of the National Park Service, Department of
the Interior. The Secretary of the Interior (hereinafter in this
subchapter referred to as the ''Secretary'') may from time to time make
minor revisions in the boundary of the park in accordance with section
460l-9(c) of this title.
(c) Availability of monument funds for park purposes
The Act entitled ''An Act to authorize the establishment of Pecos
National Monument in the State of New Mexico, and for other purposes''
approved June 28, 1965 (79 Stat. 195), is hereby repealed, and any funds
available for purposes of the Pecos National Monument shall be available
for purposes of the park.
(Pub. L. 101-313, title II, 202, June 27, 1990, 104 Stat. 278.)
The Act entitled ''An Act to authorize the establishment of Pecos
National Monument in the State of New Mexico, and for other purposes''
approved June 28, 1965, referred to in subsec. (c), is Pub. L. 89-54,
June 28, 1965, 79 Stat. 195, which enacted provisions listed in a
Miscellaneous National Monuments table set out under section 431 of this
title.
16 USC 410rr-2. Acquisition of lands, waters, and interests in lands
and waters
TITLE 16 -- CONSERVATION
The Secretary is authorized to acquire lands, waters, and interests
therein within the boundaries of the park by donation, purchase with
donated or appropriated funds, or exchange: Provided, however, That the
Secretary may not acquire lands within the Forked Lightning Ranch as
depicted on the map from the owner of record of such lands as of May 1,
1990, without the consent of such owner unless the Secretary determines
that the lands are being used, or that there is an imminent threat that
the lands will be used, for any purpose that is incompatible with the
purposes of this Act.
(Pub. L. 101-313, title II, 203, June 27, 1990, 104 Stat. 279.)
This Act, referred to in text, is Pub. L. 101-313, June 27, 1990,
104 Stat. 272, which enacted this subchapter, amended sections 410pp,
410pp-1, and 460uu-12 of this title, and enacted and repealed provisions
listed in a Miscellaneous National Monuments table set out under section
431 of this title. For complete classification of this Act to the Code,
see Tables.
16 USC 410rr-3. Administration
TITLE 16 -- CONSERVATION
The Secretary shall administer the park in accordance with the
provisions of this subchapter and the provisions of law generally
applicable to the administration of units of the National Park System,
including sections 1 and 2 to 4 of this title and sections 461 to 467 of
this title.
(Pub. L. 101-313, title II, 204, June 27, 1990, 104 Stat. 279.)
16 USC 410rr-4. Management plan
TITLE 16 -- CONSERVATION
Within 3 full fiscal years from the date funding is made available
for the purposes of preparing a general management plan, the Secretary
shall develop and transmit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Interior and Insular
Affairs of the House of Representatives, a general management plan for
the park consistent with the purposes of this subchapter, including (but
not limited to) --
(1) a general visitor use and interpretive program that fully
considers the prehistoric and historic aspects of the national
historical park including the ''gateway theme'' and early Spanish
settlement of New Mexico;
(2) a statement on the number of visitors and types of public uses
within the park which can be reasonably accommodated in accordance with
the protection of its resources; and
(3) a general development plan for the park, including the estimated
cost thereof.
(Pub. L. 101-313, title II, 205, June 27, 1990, 104 Stat. 279.)
16 USC 410rr-5. Study of possible inclusion of additional sites and
ruins
TITLE 16 -- CONSERVATION
The Secretary, acting through the National Park Service, shall
undertake a study of the Rowe Ruin, Arrowhead Pueblo, Hobson-Dressler
Ruin, and Las Ruedas site for the suitability and feasibility of their
inclusion in the park. The Secretary shall submit the study to the
Congress within one year after June 27, 1990.
(Pub. L. 101-313, title II, 206, June 27, 1990, 104 Stat. 279.)
16 USC 410rr-6. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is authorized to be appropriated such sums as may be necessary
to carry out this subchapter.
(Pub. L. 101-313, title II, 207, June 27, 1990, 104 Stat. 279.)
16 USC 410rr-7. Establishment of Glorieta Unit of Pecos National
Historical Park
TITLE 16 -- CONSERVATION
(a) Establishment
In order to preserve and interpret the Battle of Glorieta for the
benefit and enjoyment of present and future generations, there is hereby
established the Glorieta Unit of the Pecos National Historical Park
(hereafter in this section referred to as the ''Glorieta Unit''). The
Glorieta Unit shall be comprised of approximately 682 acres as generally
depicted on the maps entitled ''Glorieta Unit -- Pecos National
Historical Park'', numbered 430-80,031, and dated July 1990. The
boundary of Pecos National Historical Park, established by this
subchapter, is hereby modified to include the Glorieta Unit.
(b) Administration
The Secretary shall administer the Glorieta Unit to preserve and
interpret the Battle of Glorieta for the benefit and enjoyment of
present and future generations, in accordance with the provisions of
this section, applicable provisions of this subchapter, and provisions
of law generally applicable to units of the National Park System,
including sections 1 and 2 to 4 of this title and sections 461 to 467 of
this title.
(c) Acquisition
The Secretary is authorized to acquire lands, waters, and interests
therein within the boundaries of the Glorieta Unit by donation, purchase
with donated or appropriated funds, or exchange. Lands may not be
acquired for purposes of the Glorieta Unit without the consent of the
owner thereof unless the Secretary determines that, in his judgment, the
property is subject to, or threatened with, uses which are having, or
would have, an adverse impact on the Glorieta Unit or on the management
of the Glorieta Unit.
(d) Transfer
Lands identified on the maps referred to in subsection (a) of this
section as being within unit number 26 in the ''Historic Zone'' are
hereby transferred from the administration of the Secretary of
Agriculture to the administration of the Secretary of the Interior, to
be managed in accordance with the provisions of this section.
(e) Management plan
The Secretary shall incorporate management direction for the Glorieta
Unit into the general management plan for the Pecos National Historical
Park, including the identification of routes of travel associated with
the Battle of Glorieta.
(f) Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this section.
(Pub. L. 101-536, 3, Nov. 8, 1990, 104 Stat. 2368.)
This section, referred to in subsecs. (a), (b), (d), and (f), was in
the original ''this Act'', meaning Pub. L. 101-536, Nov. 8, 1990, 104
Stat. 2368, known as the Pecos National Historical Park Expansion Act
of 1990, which enacted this section and provisions set out as notes
under this section and section 410rr of this title. For complete
classification of this Act to the Code, see Short Title of 1990
Amendment note set out under section 410rr of this title and Tables.
Section was enacted as part of the Pecos National Historical Park
Expansion Act of 1990, and not as part of title II of Pub. L. 101-313
which comprises this subchapter.
Section 2 of Pub. L. 101-536 provided that:
''(a) Findings. -- The Congress makes the following findings:
''(1) the Civil War battle of Glorieta Pass, New Mexico, fought on
March 26-28, 1862, was a decisive battle of the Civil War in the Far
West;
''(2) the battle was significant because the Confederate defeat at
Glorieta Pass resulted in the collapse of the Confederacy's plan to
capture the riches and support of the West, thus largely ending the
Civil War in the West; and
''(3) the campsite and headquarters of the Union forces during the
Battle of Glorieta are currently within the boundary of Pecos National
Historical Park.
''(b) Purpose. -- The purpose of this Act (enacting this section and
provisions set out as a note under section 410rr of this title) is to
preserve and interpret the Battle of Glorieta and to enhance visitor
understanding of the Civil War and the Far West by establishing a new
unit of Pecos National Historical Park.''
16 USC SUBCHAPTER LIX-Q -- TUMACACORI NATIONAL HISTORICAL PARK
TITLE 16 -- CONSERVATION
16 USC 410ss. Tumacacori National Historial Park
TITLE 16 -- CONSERVATION
(a) Establishment
In order to protect and interpret, for the education and benefit of
the public, sites in the State of Arizona associated with the early
Spanish missionaries and explorers of the 17th and 18th centuries, there
is hereby established the Tumacacori National Historical Park
(hereinafter in this subchapter referred to as the ''park'').
(b) Area included
The park shall consist of the existing Tumacacori National Monument,
together with (1) the ruins of Los Santos Angeles de Guevavi, the first
mission in Arizona (consisting of approximately 8 acres) and (2) the
Kino visita and rancheria ruins of Calabazas (consisting of
approximately 22 acres), each as generally depicted on the map entitled
''Boundary Map, Tumacacori National Historical Park'', numbered 311/
80018, and dated February 1990. The map shall be on file and available
for public inspection in the offices of the National Park Service,
Department of the Interior.
(c) Abolition of monument
The Tumacacori National Monument is hereby abolished and any funds
available for purposes of the monument shall be available for purposes
of the park.
(Pub. L. 101-344, 1, Aug. 6, 1990, 104 Stat. 393.)
16 USC 410ss-1. Administration
TITLE 16 -- CONSERVATION
(a) In general
The Secretary of the Interior (hereinafter referred to as the
''Secretary'') shall administer the park in accordance with this
subchapter and with the provisions of law generally applicable to units
of the national park system, including sections 1 and 2 to 4 of this
title and sections 461 to 467 of this title. The Secretary may acquire
lands or interests in land within the boundaries of the park by
donation, purchase with donated or appropriated funds, or exchange.
(b) Donations
Notwithstanding any other provision of law, the Secretary may accept
and retain donations of funds, property, or services from individuals,
foundations, corporations, or public entities for the purpose of
providing services and facilities which he deems consistent with the
purposes of this subchapter.
(c) Separate units
The Secretary shall provide for the identification of the Guevavi,
Calabazas, and Tumacacori sites as 3 separate units of the park.
(d) Recognition of Father Eusebio Francisco Kino's role
In administering the park, the Secretary shall utilize such
interpretative materials and other devices as may be necessary to give
appropriate recognition to the role of the Jesuit Missionary Priest,
Father Eusebio Francisco Kino, in the development of the mission sites
and the settlement of the region.
(Pub. L. 101-344, 2, Aug. 6, 1990, 104 Stat. 393.)
16 USC SUBCHAPTER LX -- NATIONAL MILITARY PARKS
TITLE 16 -- CONSERVATION
Purchase of real estate for future military parks, see section 455c
of this title.
16 USC 411. Military maneuvers
TITLE 16 -- CONSERVATION
In order to obtain practical benefits of great value to the country
from the establishment of national military parks, said parks and their
approaches are declared to be national fields for military maneuvers for
the Regular Army of the United States and the National Guard or militia
of the States. Said parks shall be opened for such purposes only in the
discretion of the Secretary of the Army, and under such regulations as
he may prescribe.
(May 15, 1896, ch. 182, 1, 29 Stat. 120; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Administrative functions of certain national military parks
transferred to Department of the Interior by Ex. Ord. No. 6166, 2, June
10, 1933, and Ex. Ord. No. 6228, 1, July 28, 1933, set out as a note
under section 901 of Title 5, Government Organization and Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, 2, June
10, 1933, by act Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
For transfer of certain real property functions, insofar as they
pertain to Air Force, to Secretary of the Air Force and Department of
the Air Force, from Secretary of the Army and Department of the Army,
see Secretary of Defense Transfer Order No. 14 ( 2(31)), eff. July 1,
1948.
16 USC 412. Camps for military instruction; regulations for militia
TITLE 16 -- CONSERVATION
The Secretary of the Army is authorized, within the limits of
appropriations which may from time to time be available for such
purpose, to assemble, at his discretion, in camp at such season of the
year and for such period as he may designate, at such field of military
maneuvers, such portions of the military forces of the United States as
he may think best, to receive military instruction there.
The Secretary of the Army is further authorized to make and publish
regulations governing the assembling of the National Guard or militia of
the several States upon the maneuvering grounds, and he may detail
instructors from the Regular Army for such forces during their
exercises.
(May 15, 1896, ch. 182, 2, 29 Stat. 121; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
For transfer of certain functions, personnel and property, insofar as
they pertain to Air Force, from Secretary of the Army and Department of
the Army to Secretary of the Air Force and Department of the Air Force,
see Secretary of Defense Transfer Order Nos. 1, Sept. 26, 1947; 10,
Apr. 27, 1948; and 40 (App. B(65)), July 22, 1949.
16 USC 413. Offenses relating to structures and vegetation
TITLE 16 -- CONSERVATION
Every person who willfully destroys, mutilates, defaces, injures, or
removes any monument, statue, marker, guidepost, or other structure, or
who willfully destroys, cuts, breaks, injures, or removes any tree,
shrub, or plant within the limits of any national military parks shall
be deemed guilty of a misdemeanor, punishable by a fine of not less than
$10 nor more than $1,000 for each monument, statue, marker, guidepost,
or other structure, tree, shrub, or plant destroyed, defaced, injured,
cut, or removed, or by imprisonment for not less than fifteen days and
not more than one year, or by both fine and imprisonment.
(Mar. 3, 1897, ch. 372, 1, 5, 29 Stat. 621, 622.)
16 USC 414. Trespassing for hunting, or shooting
TITLE 16 -- CONSERVATION
Every person who shall trespass upon any national military parks for
the purpose of hunting or shooting, or who shall hunt any kind of game
thereon with gun or dog, or shall set trap or net or other device
whatsoever thereon for the purpose of hunting or catching game of any
kind, shall be guilty of a misdemeanor, punishable by a fine of not more
than $1,000 or by imprisonment for not less than five days or more than
thirty days, or by both fine and imprisonment.
(Mar. 3, 1897, ch. 372, 2, 5, 29 Stat. 621, 622.)
16 USC 415. Repealed. Pub. L. 91-383, 10(a)(1), as added Pub. L.
94-458, 2, Oct. 7, 1976, 90 Stat. 1941
TITLE 16 -- CONSERVATION
Section, act Mar. 3, 1897, ch. 372, 3, 5, 29 Stat. 621, 622,
authorized superintendent or any guardian of a national military park to
arrest and prosecute anyone engaged or who may have been engaged in
committing any misdemeanor named in sections 413 and 414 of this title.
16 USC 416. Refusal to surrender leased land; recovery
TITLE 16 -- CONSERVATION
Any person to whom land lying within any national military parks may
have been leased, who refuses to give up possession of the same to the
United States after the termination of said lease, and after possession
has been demanded for the United States by any park commissioner or the
park superintendent, or any person retaining possession of land lying
within the boundary of said park which he or she may have sold to the
United States for park purposes and have received payment therefor,
after possession of the same has been demanded for the United States by
any park commissioner or the park superintendent, shall be deemed guilty
of trespass, and the United States may maintain an action for the
recovery of the possession of the premises so withheld in the courts of
the United States, according to the statutes or code of practice of the
State in which the park may be situated.
(Mar. 3, 1897, ch. 372, 4, 5, 29 Stat. 622.)
16 USC 417. Omitted
TITLE 16 -- CONSERVATION
Section, act Aug. 18, 1894, ch. 301, 1, 28 Stat. 405, authorized
acceptance of donations of land for road or other purposes, and is
considered obsolete by the Judge Advocate General. See J.A.G. 601.1,
June 27, 1935.
16 USC 418. Repealed. Feb. 20, 1931, ch. 235, 46 Stat. 1191
TITLE 16 -- CONSERVATION
Section, act Mar. 3, 1925, ch. 418, 43 Stat. 1104, was in opinion
of Judge Advocate General repealed by act Feb. 20, 1931, providing that
no real estate of the Department of the Army should be disposed of
without authority of Congress and providing ''all existing acts or parts
thereof in conflict with this proviso, other than special acts for the
sale of stated tracts of land, are hereby repealed.'' See J.A. G. 611,
Dec. 3, 1931.
16 USC 419. Transferred
TITLE 16 -- CONSERVATION
Section, act Feb. 15, 1901, ch. 372, 31 Stat. 790, which related
to rights-of-way for electrical plants, was transferred to section 79 of
this title.
16 USC 420. Rights-of-way through military and other reservations for
power and communications facilities
TITLE 16 -- CONSERVATION
The head of the department having jurisdiction over the lands is
authorized and empowered, under general regulations to be fixed by him,
to grant an easement for rights-of-way, for a period not exceeding fifty
years from the date of the issuance of such grant, over, across, and
upon the public lands and reservations of the United States for
electrical poles and lines for the transmission and distribution of
electrical power, and for poles and lines for communication purposes,
and for radio, television, and other forms of communication
transmitting, relay, and receiving structures and facilities, to the
extent of two hundred feet on each side of the center line of such lines
and poles and not to exceed four hundred feet by four hundred feet for
radio, television, and other forms of communication transmitting, relay,
and receiving structures and facilities, to any citizen, association, or
corporation of the United States, where it is intended by such to
exercise the right-of-way herein granted for any one or more of the
purposes herein named: Provided, That such right-of-way shall be
allowed within or through any national park, military or any other
reservation only upon the approval of the chief officer of the
department under whose supervision or control such reservation falls,
and upon a finding by him that the same is not incompatible with the
public interest: Provided further, That all or any part of such
right-of-way may be forfeited and annulled by declaration of the head of
the department having jurisdiction over the lands for nonuse for a
period of two years or for abandonment.
Any citizen, association, or corporation of the United States to whom
there has been issued a permit prior to March 4, 1911, for any of the
purposes specified herein under any law existing at that date, may
obtain the benefit of this section upon the same terms and conditions as
shall be required of citizens, associations, or corporations making
application under the provisions of this section subsequent to such
date.
(Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66
Stat. 95.)
Section repealed by Pub. L. 94-579, title VII, 706(a), Oct. 21,
1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as
applicable to the issuance of rights-of-way over, upon, under, and
through the public lands and lands in the National Forest System.
Section, insofar as it relates to right-of-way in national parks and
other reservations, is also set out as section 5 of this title; insofar
as it relates to rights-of-way in national forests, is set out as
section 523 of this title; and, insofar as it relates to rights-of-way
on public lands generally, and Indian reservations, is set out as
section 961 of Title 43, Public Lands.
1952 -- Act May 27, 1952, inserted reference to rights-of-way for
radio, television, and other forms of communication, and increased from
40 feet to 400 feet the maximum width of rights-of-way for lines and
poles.
Repeal by Pub. L. 94-579, title VII, 706(a), Oct. 21, 1976, 90
Stat. 2793, insofar as applicable to the issuance of rights-of-way, not
to be construed as terminating any valid lease, permit, patent, etc.,
existing on Oct. 21, 1976, see note set out under section 1701 of Title
43, Public Lands.
Issuance of licenses for construction, operation, and maintenance of
transmission lines, for development, transmission, and utilization of
power, across public lands and reservations, see section 797 of this
title.
16 USC 421. Vacancies occurring in commissions in charge of parks not
to be filled
TITLE 16 -- CONSERVATION
Vacancies occurring by death or resignation in the membership of the
several commissions in charge of national military parks shall not be
filled, and the duties of the offices thus vacated shall devolve upon
the remaining commissioners or commissioner for each of said parks. As
vacancies occur the Secretary of the Army shall become ex officio a
member of the commission effected with full authority to act with the
remaining commissioners or commissioner, and in case of the vacation of
all the offices of commissioner in any one park hereunder the duties of
such commission shall thereafter be performed under the direction of the
Secretary of the Army.
(Aug. 24, 1912, ch. 355, 1, 37 Stat. 442; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Administrative functions of certain national military parks
transferred to Department of the Interior by Ex. Ord. No. 6166, 2, June
10, 1933, and Ex. Ord. No. 6228, 1, July 28, 1933, set out as a note
under section 901 of Title 5, Government Organization and Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, 2, June
10, 1933, by act Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
For transfer of certain membership functions to Secretary of the Air
Force, without prejudice to continued membership of Secretary of the
Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949.
16 USC 422. Moores Creek National Battlefield; establishment
TITLE 16 -- CONSERVATION
In order to preserve for historical and professional military study
one of the most memorable battles of the Revolutionary War, the
battlefield of Moores Creek, in the State of North Carolina, is declared
to be a national battlefield whenever the title to the same shall have
been acquired by the United States; that is to say, the area inclosed
by the following lines:
Those tracts or parcels of land in the county of Pender, and State of
North Carolina, more particularly described as follows:
First tract: Beginning at a stone at the run of Moores Creek, on the
east bank of same, about twenty poles (in a straight line) above the new
iron bridge, and running thence parallel to William Walker's line, south
sixty-two and one-half degrees west eleven chains to a stake; thence
south seven and one-half degrees east three and six-tenths chains to a
stone at the south edge of the old stage road; thence along the south
edge of said road south forty-six degrees east about five chains and
eighty links to a stone; thence south thirty-seven and one-fourth
degrees west fourteen chains and twelve links to a stone; thence north
sixty-two and one-half degrees west ten chains and seventy-five links to
a stone, a corner (4) of an eight-acre tract which the parties of the
first part conveyed to Governor D. L. Russell, for the purposes
aforesaid, by a deed dated January 1898, and recorded in Pender County;
thence with the lines of said tract north thirty-nine and one-half
degrees east thirteen chains and twenty-seven links to a stake, the
third corner of the said eight-acre tract; thence north fifty-one
degrees west four chains to a stake about twenty feet from the old
entrenchment (the second corner of the eight-acre tract); thence with
the first line reversed north forty-four degrees west two chains to a
sweet gum at the run of Moores Creek (the first corner of the eight-acre
tract); thence up and with the run of said creek to the first station,
containing twenty acres.
Second tract: Beginning at a sweet gum on the eastern edge of Moores
Creek, running thence south forty-four degrees east two poles to a
stake; thence south fifty-one degrees east four poles five links to a
stake; thence south thirty-nine degrees west thirteen poles
twenty-seven links to a stake; thence north fifty-one degrees west nine
poles thirty-one links to a stake in the edge of Moores Creek; thence
northerly with the creek to the beginning, containing eight acres more
or less.
Third tract: Beginning at a cypress on the edge of the run of Moores
Creek about twenty feet from the west end of the old entrenchments and
running thence in a line parallel to and ten feet distance from the
outside or east edge of the old line of entrenchments in all the various
courses of the same to a stake ten feet distant on the east side of the
north end of said entrenchments; thence a direct line to the run of
said Moores Creek; thence down said creek to the beginning, containing
two acres, be the same more or less (the intention is to include all
lands now known and designated as Moores Creek battlefield and now so
recognized as such and owned by the State of North Carolina), together
with all the privileges and appurtenances thereunto belonging.
The aforesaid tracts of land containing in the aggregate thirty
acres, more or less, and being the property of the State of North
Carolina, and the area thus inclosed shall be known as the Moores Creek
National Battlefield.
(June 2, 1926, ch. 448, 1, 44 Stat. 684; Sept. 8, 1980, Pub. L.
96-344, 12, 94 Stat. 1136.)
In the first undesignated par., ''battlefield'' substituted for
''military park'' and in last undesignated par., ''Battlefield''
substituted for ''Military Park'' on authority of Pub. L. 96-344, 12,
Sept. 8, 1980, 94 Stat. 1136, which redesignated Moores Creek National
Military Park as Moores Creek National Battlefield.
16 USC 422a. Acceptance of lands
TITLE 16 -- CONSERVATION
The establishment of the Moores Creek National Battlefield shall be
carried forward under the control and direction of the Secretary of the
Interior, who is authorized to receive from the State of North Carolina
a deed of conveyance to the United States of all the lands belonging to
the said State, embracing thirty acres, more or less, and described more
particularly in section 422 of this title.
(June 2, 1926, ch. 448, 2, 44 Stat. 685; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Sept. 8, 1980, Pub. L.
96-344, 12, 94 Stat. 1136.)
''Battlefield'' substituted in text for ''Military Park'' on
authority of Pub. L. 96-344, 12, Sept. 8, 1980, 94 Stat. 1136, which
redesignated Moores Creek National Military Park as Moores Creek
National Battlefield.
Administrative functions of Moores Creek National Military Park
transferred to Department of the Interior by Ex. Ord. Nos. 6166 and
6228, set out as a note under section 901 of Title 5, Government
Organization and Employees.
16 USC 422a-1. Acquisition of property
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized, in his discretion, to
acquire by donation, purchase, or exchange lands, buildings, structures,
and other property, or interests therein, which he may determine to be
of historical interest in connection with the Moores Creek National
Battlefield, the title to such property or interests to be satisfactory
to the Secretary of the Interior: Provided, That the area acquired
pursuant to this section shall not exceed one hundred acres. All such
property and interests, upon acquisition by the Federal Government,
shall be a part of the Moores Creek National Battlefield and shall be
subject to all laws and regulations applicable thereto.
(Sept. 27, 1944, ch. 417, 1, 58 Stat. 746; Oct. 26, 1974, Pub. L.
93-477, title IV, 402, 88 Stat. 1447; Sept. 8, 1980, Pub. L. 96-344,
12, 94 Stat. 1136.)
1974 -- Pub. L. 93-477 substituted ''acquire by donation, purchase,
or exchange'' for ''accept in behalf of the United States donations
of'', and ''acquired'' for ''to be accepted''.
''Battlefield'' substituted in text for ''Military Park'' on
authority of Pub. L. 96-344, 12, Sept. 8, 1980, 94 Stat. 1136, which
redesignated Moores Creek National Military Park as Moores Creek
National Battlefield.
16 USC 422a-2. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums as may be necessary
to carry out the purposes of section 422a-1 of this title, but not more
than $243,000 shall be appropriated for the acquisition of lands and
interests in lands and not more than $325,000 shall be appropriated for
development.
(Sept. 27, 1944, ch. 417, 2, as added Oct. 26, 1974, Pub. L. 93-477,
title I, 101(7), 88 Stat. 1445.)
16 USC 422b. Duties of Secretary of the Interior
TITLE 16 -- CONSERVATION
The affairs of the Moores Creek National Battlefield shall be subject
to the supervision and direction of the Secretary of the Interior, and
it shall be the duty of the Interior Department, under the direction of
the Secretary of the Interior, to open or repair such roads as may be
necessary to the purposes of the battlefield, and to ascertain and mark
with historical tablets or otherwise, as the Secretary of the Interior
may determine, all lines of battle of the troops engaged in the Battle
of Moores Creek, and other historical points of interest pertaining to
the battle within the battlefield or its vicinity; and the Secretary of
the Interior in establishing this battlefield is authorized to employ
such labor and services and to obtain such supplies and material as may
be considered best for the interest of the Government, and the Secretary
of the Interior shall make and enforce all needed regulations for the
care of the battlefield.
(June 2, 1926, ch. 448, 3, 44 Stat. 685; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Sept. 8, 1980, Pub. L.
96-344, 12, 94 Stat. 1136.)
''Battlefield'' and ''battlefield'' substituted in text for
''Military Park'' and ''park'', respectively, on authority of Pub. L.
96-344, 12, Sept. 8, 1980, 94 Stat. 1136, which redesignated Moores
Creek National Military Park as Moores Creek National Battlefield.
Transfer of administrative functions of park, see note set out under
section 422a of this title.
16 USC 422c. Ascertaining and marking of lines of battle
TITLE 16 -- CONSERVATION
It shall be lawful for any State that had troops engaged in the
battle of the Moores Creek National Battlefield, to enter upon the same
for the purpose of ascertaining and marking the lines of battle of its
troops engaged therein: Provided, That before any such lines are
permanently designated the position of the lines and the proposed
methods of marking them by monuments, tablets, or otherwise, shall be
submitted to and approved by the Secretary of the Interior; and all
such lines, designs, and inscriptions for the same shall first receive
the written approval of the Secretary of the Interior.
(June 2, 1926, ch. 448, 4, 44 Stat. 686; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Sept. 8, 1980, Pub. L.
96-344, 12, 94 Stat. 1136.)
''Battlefield'' substituted in text for ''Military Park'' on
authority of Pub. L. 96-344, 12, Sept. 8, 1980, 94 Stat. 1136, which
redesignated Moores Creek National Military Park as Moores Creek
National Battlefield.
Transfer of administrative functions of park, see note set out under
section 422a of this title.
16 USC 422d. Monuments, etc., protected
TITLE 16 -- CONSERVATION
If any person shall, except by permission of the Secretary of the
Interior, destroy, deface, injure, or remove any monument, column,
statues, memorial structures, or work of art, which shall be placed upon
the grounds of the park by lawful authority, or shall destroy or remove
any fence, railing, enclosure, or other mark for the protection or
ornamentation of said park, or any portion thereof, or shall destroy,
cut, hack, bark, break down, or otherwise injure any tree, brush, or
shrubbery that may be growing upon said park, or shall cut down or
remove or fell any timber, battle relic, tree, or tree growing upon said
park, or hunt within the limits of the park, any person so offending and
found guilty thereof before any justice of the peace of the county of
Pender, State of North Carolina, shall, for each and every offense,
forfeit and pay a fine, in the discretion of the justice, according to
the aggravation of the offense, of not less than $5 nor more than $50,
one-half for the use of the park and the other half to the informer, to
be enforced and recovered before such justice in like manner as fines of
like nature were, on June 2, 1926, by law recoverable in the said county
of Pender, State of North Carolina.
(June 2, 1926, ch. 448, 5, 44 Stat. 686; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 422a of this title.
16 USC 423. Petersburg National Battlefield; establishment
TITLE 16 -- CONSERVATION
In order to commemorate the campaign and siege and defense of
Petersburg, Virginia, in 1864 and 1865 and to preserve for historical
purposes the breastworks, earthworks, walls, or other defenses or
shelters used by the armies therein, the battle fields at Petersburg, in
the State of Virginia, are declared a national battlefield whenever the
title to the same shall have been acquired by the United States by
donation and the usual jurisdiction over the lands and roads of the same
shall have been granted to the United States by the State of Virginia --
that is to say, one hundred and eighty-five acres or so much thereof as
the Secretary of the Interior may deem necessary in and about the city
of Petersburg, State of Virginia.
(July 3, 1926, ch. 746, 1, 44 Stat. 822; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Aug. 24, 1962, Pub. L.
87-603, 1, 76 Stat. 403.)
''National battlefield'' substituted in text for ''national military
park'' in view of redesignation of Petersburg National Military Park as
Petersburg National Battlefield by Pub. L. 87-603. See section 423h-1
of this title.
Administrative functions of Petersburg National Military Park
transferred to Department of the Interior by Ex. Ord. Nos. 6166 and
6228, set out as notes under section 901 of Title 5, Government
Organization and Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, 2, by act
Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
Act June 5, 1942, ch. 345, 56 Stat. 322, provided: ''That the
Secretary of the Interior shall transfer to the Secretary of War (Army)
jurisdiction over all lands owned by the United States lying south and
east of the Hickory Hill Road within the Petersburg National Military
Park in the Commonwealth of Virginia. Upon the date of the transfer,
the lands shall cease to be a part of the Petersburg National Military
Park and the Secretary of War (Army) shall thereafter administer the
lands for military purposes.''
16 USC 423a. Acceptance of donations of lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept, on behalf of
the United States, donations of lands, interests therein, or rights
pertaining thereto required for the Petersburg National Battlefield.
(July 3, 1926, ch. 746, 2, 44 Stat. 822; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Aug. 24, 1962, Pub. L.
87-603, 1, 76 Stat. 403.)
''Petersburg National Battlefield'' substituted in text for
''Petersburg National Military Park'' pursuant to Pub. L. 87-603. See
section 423h-1 of this title.
Transfer of administrative functions of park, see note set out under
section 423 of this title.
16 USC 423a-1. Addition of lands
TITLE 16 -- CONSERVATION
The Department of the Army is authorized and directed to transfer to
the Department of the Interior, without reimbursement, two tracts of
land, comprising two hundred six acres, more or less, situated on either
side of Siege Road adjacent to Petersburg National Battlefield,
Virginia. Upon completion of such transfer, all lands, interest in
lands, and other property in Federal ownership and under the
administration of the National Park Service as a part of or in
conjunction with Petersburg National Battlefield, in and about the city
of Petersburg, Virginia, and comprising one thousand five hundred
thirty-one acres, more or less, upon publication of the description
thereof in the Federal Register by the Secretary of the Interior, shall
constitute the Petersburg National Battlefield.
(Sept. 7, 1949, ch. 543, 1, 63 Stat. 691; Aug. 24, 1962, Pub. L.
87-603, 1, 76 Stat. 403.)
''Petersburg National Battlefield'' substituted in text for
''Petersburg National Military Park'' pursuant to Pub. L. 87-603. See
section 423h-1 of this title.
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.
16 USC 423a-2. Adjustment of boundary
TITLE 16 -- CONSERVATION
The Secretary of the Interior is further authorized to adjust the
boundary of the Petersburg National Battlefield through purchase,
exchange, or transfer: Provided, That in doing so the total area of the
battlefield will not be increased and that such changes will become
effective upon publication of the description thereof in the Federal
Register by the Secretary of the Interior.
(Sept. 7, 1949, ch. 543, 2, 63 Stat. 692; Aug. 24, 1962, Pub. L.
87-603, 1, 76 Stat. 403.)
''Petersburg National Battlefield'' and ''battlefield'' substituted
in text for ''Petersburg National Military Park'' and ''park'',
respectively, in view of redesignation of Petersburg National Military
Park as Petersburg National Battlefield by Pub. L. 87-603. See section
423h-1 of this title.
16 USC 423b. Commission; organization
TITLE 16 -- CONSERVATION
The affairs of the Petersburg National Battlefield shall, subject to
the supervision and direction of the Secretary of the Interior, be in
charge of three commissioners, consisting of Army officers, civilians,
or both, to be appointed by the Secretary of the Interior, one of whom
shall be designated as chairman and another as secretary of the
commission.
(July 3, 1926, ch. 746, 3, 44 Stat. 822; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Aug. 24, 1962, Pub. L.
87-603, 1, 76 Stat. 403.)
''Petersburg National Battlefield'' substituted in text for
''Petersburg National Military Park'' pursuant to Pub. L. 87-603. See
section 423h-1 of this title.
Transfer of administrative functions of park, see note set out under
section 423 of this title.
16 USC 423c. Duties of commission
TITLE 16 -- CONSERVATION
It shall be the duties of the commissioners, under the direction of
the Secretary of the Interior, to superintend the opening or repair of
such roads as may be necessary to the purposes of the battlefield, and
to ascertain and mark with historical tablets or otherwise, as the
Secretary of the Interior may determine, all breastworks, earthworks,
walls, or other defenses or shelters, lines of battle, location of
troops, buildings, and other historical points of interest within the
battlefield or in its vicinity, and the said commission in establishing
the battlefield shall have authority, under the direction of the
Secretary of the Interior, to employ such labor and service at rates to
be fixed by the Secretary of the Interior, and to obtain such supplies
and materials as may be necessary to carry out the provisions of
sections 423, 423a, and 423b to 423h of this title.
(July 3, 1926, ch. 746, 4, 44 Stat. 822; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Aug. 24, 1962, Pub. L.
87-603, 1, 76 Stat. 403.)
''Battlefield'' substituted in text for ''park'' in view of
redesignation of Petersburg National Military Park as Petersburg
National Battlefield by Pub. L. 87-603. See section 423h-1 of this
title.
Transfer of administrative functions of park, see note set out under
section 423 of this title.
16 USC 423d. Acceptance and disposition of gifts
TITLE 16 -- CONSERVATION
The commission, acting through the Secretary of the Interior, is
authorized to receive gifts and contributions from States, Territories,
societies, organizations, and individuals for the Petersburg National
Battlefield: Provided, That all contributions of money received shall
be deposited in the Treasury of the United States and credited to a fund
to be designated ''Petersburg National Battlefield Fund'', which fund
shall be applied to and expended under the direction of the Secretary of
the Interior, for carrying out the provisions of sections 423, 423a, and
423b to 423h of this title.
(July 3, 1926, ch. 746, 5, 44 Stat. 822; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Aug. 24, 1962, Pub. L.
87-603, 1, 76 Stat. 403.)
''Petersburg National Battlefield'' substituted in text for
''Petersburg National Military Park'' pursuant to Pub. L. 87-603. See
section 423h-1 of this title.
Transfer of administrative functions of park, see note set out under
section 423 of this title.
16 USC 423e. Ascertaining and marking lines of battle
TITLE 16 -- CONSERVATION
It shall be lawful for the authorities of any State having had troops
engaged at Petersburg, to enter upon the lands and approaches of the
Petersburg National Battlefield for the purpose of ascertaining and
marking the lines of battle of troops engaged therein: Provided, That
before any such lines are permanently designated, the position of the
lines and the proposed methods of marking them by monuments, tablets, or
otherwise, including the design and inscription for the same, shall be
submitted to the Secretary of the Interior and shall first receive
written approval of the Secretary, which approval shall be based upon
formal written reports to be made to him in each case by the
commissioners of the battlefield: Provided, That no discrimination
shall be made against any State as to the manner of designating lines,
but any grant made to any State by the Secretary of the Interior may be
used by any other State.
(July 3, 1926, ch. 746, 6, 44 Stat. 823; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Aug. 24, 1962, Pub. L.
87-603, 1, 76 Stat. 403.)
''Petersburg National Battlefield'' and ''battlefield'' substituted
in text for ''Petersburg National Military Park'' and ''park'',
respectively, in view of redesignation of Petersburg National Military
Park as Petersburg National Battlefield by Pub. L. 87-603. See section
423h-1 of this title.
Transfer of administrative functions of park, see note set out under
section 423 of this title.
16 USC 423f. Protection of monuments, etc.
TITLE 16 -- CONSERVATION
If any person shall, except by permission of the Secretary of the
Interior, destroy, mutilate, deface, injure, or remove any monument,
column, statues, memorial structures, or work of art that shall be
erected or placed upon the grounds of the battlefield by lawful
authority, or shall destroy or remove any fence, railing, inclosure, or
other work for the protection or ornament of said battlefield, or any
portion thereof, or shall destroy, cut, hack, bark, break down, or
otherwise injure any tree, bush, or shrubbery that may be growing upon
said battlefield, or shall cut down or fell or remove any timber, battle
relic, tree or trees growing or being upon said battlefield, or hunt
within the limits of the battlefield, or shall remove or destroy any
breastworks, earthworks, walls, or other defenses or shelter or any part
thereof constructed by the armies formerly engaged in the battles on the
lands or approaches to the battlefield, any person so offending and
found guilty thereof before any United States magistrate judge or court,
justice of the peace of the county in which the offense may be
committed, or any other court of competent jurisdiction, shall for each
and every such offense forfeit and pay a fine, in the discretion of the
said United States magistrate judge or court, justice of the peace, or
other court, according to the aggravation of the offense, of not less
than $5 nor more than $500, one-half for the use of the battlefield and
the other half to the informant, to be enforced and recovered before
such United States magistrate judge or court, justice of the peace or
other court, in like manner as debts of like nature were, on July 3,
1926, by law recoverable in the several counties where the offense may
be committed.
(July 3, 1926, ch. 746, 7, 44 Stat. 823; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Aug. 24, 1962, Pub. L.
87-603, 1, 76 Stat. 403; Oct. 17, 1968, Pub. L. 90-578, title IV, 402(
b)(2), 82 Stat. 1118; Dec. 1, 1990, Pub. L. 101-650, title III, 321,
104 Stat. 5117.)
''Battlefield'' substituted for ''park'' wherever appearing in text,
in view of redesignation of Petersburg National Military Park as
Petersburg National Battlefield by Pub. L. 87-603. See section 423h-1
of this title.
''United States magistrate judge'' substituted for ''United States
magistrate'' wherever appearing in text pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure. Previously, ''United States magistrate''
substituted for ''United States commissioner'' pursuant to Pub. L.
90-578. See chapter 43 ( 631 et seq.) of Title 28.
Transfer of administrative functions of park, see note set out under
section 423 of this title.
16 USC 423g. Rules and regulations
TITLE 16 -- CONSERVATION
The Secretary of the Interior, subject to the approval of the
President, shall have the power to make and shall make all needful rules
and regulations for the care of the battlefield, and for the
establishment and marking of lines of battle and other historical
features of the battlefield.
(July 3, 1926, ch. 746, 8, 44 Stat. 823; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Aug. 24, 1962, Pub. L.
87-603, 1, 76 Stat. 403.)
''Battlefield'' substituted in text for ''park'' in view of
redesignation of Petersburg National Military Park as Petersburg
National Military Battlefield by Pub. L. 87-603. See section 423h-1 of
this title.
Transfer of administrative functions of park, see note set out under
section 423 of this title.
16 USC 423h. Report of completion; superintendent of battlefield
TITLE 16 -- CONSERVATION
Upon completion of the acquisition of the land and the work of the
commission, the Secretary of the Interior shall render a report thereon
to Congress, and thereafter the battlefield shall be placed in charge of
a superintendent at a salary to be fixed by the Secretary of the
Interior and paid out of the appropriation available for the maintenance
of the battlefield.
(July 3, 1926, ch. 746, 9, 44 Stat. 823; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Aug. 24, 1962, Pub. L.
87-603, 1, 76 Stat. 403.)
''Battlefield'' substituted in text for ''park'' in view of
redesignation of Petersburg National Military Park as Petersburg
National Military Battlefield by Pub. L. 87-603. See section 423h-1 of
this title.
Transfer of administrative functions of park, see note set out under
section 423 of this title.
16 USC 423h-1. Redesignation of park
TITLE 16 -- CONSERVATION
The Petersburg National Military Park, established under authority of
sections 423, 423a, and 423b to 423h of this title, and enlarged
pursuant to sections 423a-1 and 423a-2 of this title, is redesignated
the Petersburg National Battlefield.
(Pub. L. 87-603, 1, Aug. 24, 1962, 76 Stat. 403.)
16 USC 423h-2. Acquisition of lands; publication in Federal Register;
administration
TITLE 16 -- CONSERVATION
The Secretary of the Interior, in furtherance of the purposes of
sections 423, 423a, and 423b to 423h of this title referred to in
section 423h-1 of this title, may acquire by purchase with donated or
appropriated funds, exchange, transfer, or by such other means as he
deems to be in the public interest, not to exceed twelve hundred acres
of land or interests in land at the site of the Battle of Five Forks for
addition to the Petersburg National Battlefield. Lands and interests in
lands acquired by the Secretary pursuant to this section shall, upon
publication of a description thereof in the Federal Register, become a
part of the Petersburg National Battlefield, and thereafter shall be
administered by the Secretary of the Interior in accordance with the
provisions of sections 1 and 2 to 4 of this title, as amended and
supplemented.
(Pub. L. 87-603, 2, Aug. 24, 1962, 76 Stat. 403.)
16 USC 423h-3. Authorization of appropriation
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums, but not more than
$90,000, as are necessary to acquire land pursuant to section 423h-2 of
this title.
(Pub. L. 87-603, 3, Aug. 24, 1962, 76 Stat. 403.)
16 USC 423i. Omitted
TITLE 16 -- CONSERVATION
Section, act July 3, 1926, ch. 746, 10, 44 Stat. 823, appropriated
$15,000 for carrying out provisions of sections 423, 423a, 423b to 423h
of this title to be available until expended.
16 USC 423j. Richmond National Battlefield Park; establishment
TITLE 16 -- CONSERVATION
When title to all such lands, structures, and other property in the
military battlefield area or areas in the city of Richmond, Virginia, or
within five miles of the city limits of said city or within five miles
of the boundary of the present Richmond Battlefield State Park, as shall
be designated by the Secretary of the Interior, in the exercise of his
discretion as necessary or desirable for national battlefield park
purposes, shall have been vested in the United States, such area or
areas shall be established, dedicated, and set apart as a public park
for the benefit and inspiration of the people and shall be known as the
''Richmond National Battlefield Park'': Provided, That such area or
areas shall include, at least, the Richmond Battlefield Parks now
belonging to the State of Virginia.
(Mar. 2, 1936, ch. 113, 1, 49 Stat. 1155.)
16 USC 423k. Acceptance of donations of lands and funds; acquisition
of lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept in behalf of
the United States donations of lands, interest in lands, buildings,
structures and other property within the boundaries of the said park as
herein authorized and donations of funds for the purchase and/or
maintenance thereof, the title and evidence of title to lands purchased
or otherwise acquired to be satisfactory to the Secretary of the
Interior: Provided, That he may acquire on behalf of the United States
out of any donated funds, by purchase at prices deemed by him
reasonable, or by condemnation under the provisions of sections 257 and
258 of title 40, such tracts of land within the said national
battlefield park as may be necessary for the completion thereof.
(Mar. 2, 1936, ch. 113, 2, 49 Stat. 1156.)
Herein, referred to in text, means act Mar. 2, 1936, which is
classified to this section and sections 423j and 423l of this title.
For complete classification of this Act to the Code, see Tables.
Section 258 of title 40, referred to in text, was omitted from the
Code as superseded by rule 71A of the Federal Rules of Civil Procedure,
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
16 USC 423l. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the aforesaid
national battlefield park shall be exercised under the direction of the
Secretary of the Interior by the National Park Service, subject to the
provisions of sections 1 and 2 to 4 of this title, as amended.
(Mar. 2, 1936, ch. 113, 3, 49 Stat. 1156.)
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.
16 USC 423m. Eutaw Springs Battlefield Site; establishment; purpose
TITLE 16 -- CONSERVATION
For the purpose of commemorating the battle which occurred at Eutaw
Springs, in the State of South Carolina, during the Revolutionary War,
when title to such lands on the site of the Battle of Eutaw Springs as
may be designated by the Secretary of the Interior in the exercise of
his discretion as necessary or desirable for battlefield-site purposes,
shall be vested in the United States, said area shall be set apart as a
battlefield site for the benefit and inspiration of the people and shall
be called the Eutaw Springs Battlefield Site.
(June 26, 1936, ch. 840, 1, 49 Stat. 1975.)
16 USC 423n. Acceptance of lands and funds; acquisition of lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept donations of
land, interests in land, and/or buildings, structures, and other
property within the boundaries of the said battlefield site as
determined and fixed hereunder, and donations of funds for the purchase
and/or maintenance thereof, the title and evidence of title to lands
acquired to be satisfactory to the Secretary of the Interior: Provided,
That he may acquire on behalf of the United States out of any donated
funds, either by purchase at prices deemed by him reasonable, or by
condemnation under the provisions of sections 257 and 258 of title 40,
such tracts of land on the said battlefield site as may be necessary for
the completion thereof.
(June 26, 1936, ch. 840, 2, 49 Stat. 1975.)
Section 258 of title 40, referred to in text, was omitted from the
Code as superseded by rule 71A of the Federal Rules of Civil Procedure,
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
16 USC 423o. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the aforesaid
battlefield site shall be exercised under the direction of the Secretary
of the Interior by the National Park Service, subject to the provisions
of sections 1 and 2 to 4 of this title, as amended.
(June 26, 1936, ch. 840, 3, 49 Stat. 1975.)
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.
16 USC 424. Chickamauga and Chattanooga National Military Park
TITLE 16 -- CONSERVATION
For the purpose of preserving and suitably marking for historical and
professional military study, the fields of some of the most remarkable
maneuvers and most brilliant fighting in the War of the Rebellion, those
portions of highways in the States of Georgia and Tennessee in the
vicinity of the battlefields of Chickamauga and Chattanooga,
respectively, jurisdiction over which has heretofore been ceded to the
United States by those States respectively and as to which the United
States has heretofore acquired a perfect title, shall be approaches to
and parts of the Chickamauga and Chattanooga National Military Park, and
each and all of such roads shall remain open as free and public
highways, and all rights of way which existed on August 19, 1890,
through the grounds of the said Park and its approaches shall be
continued. The lands and roads embraced in the area at and near the
battlefield of Chickamauga and around Chattanooga, jurisdiction over
which has heretofore been ceded to the United States by the State of
Georgia and as to which a perfect title has heretofore been secured,
together with the roads hereinbefore described, shall be a national
military park, to be known as Chickamauga and Chattanooga National Park.
The said Chickamauga and Chattanooga National Park and the approaches
thereto shall be under the control of the Secretary of the Interior.
The Secretary of the Interior is authorized to enter into agreements
upon such nominal terms as he may prescribe, with such persons, who were
owners of the land on August 19, 1890, as may desire to remain upon it,
to occupy and cultivate their then holdings, upon condition that they
will preserve the then buildings and roads, and the then outlines of
field and forest, and that they will only cut trees or underbrush under
such regulations as the Secretary may prescribe, and that they will
assist in caring for and protecting all tablets, monuments, or such
other artificial works as may from time to time be erected by proper
authority. It shall be the duty of the Secretary of the Interior to
superintend the opening of such roads as may be necessary to the
purposes of the park, and the repair of the roads of the same, and to
ascertain and definitely mark the lines of battle of all troops engaged
in the battles of Chickamauga and Chattanooga, so far as the same shall
fall within the lines of the park. It shall be the duty of the
Secretary of the Interior to cause to be ascertained and substantially
marked the locations of the regular troops within the boundaries of the
park, and to erect monuments upon those positions as Congress may
provide the necessary appropriations; and the Secretary of the Interior
in the same way may ascertain and mark all lines of battle within the
boundaries of the park and erect plain and substantial historical
tablets at such points in the vicinity of the park and its approaches as
he may deem fitting and necessary to clearly designate positions and
movements, which, although without the limits of the park, were directly
connected with the battles of Chickamauga and Chattanooga. It shall be
lawful for the authorities of any State having troops engaged either at
Chattanooga or Chickamauga, and for the officers and directors of the
Chickamauga Memorial Association, a corporation chartered under the laws
of Georgia, to enter upon the lands and approaches of the Chickamauga
and Chattanooga National Park for the purpose of ascertaining and
marking the lines of battle of troops engaged therein: Provided, That
before any such lines are permanently designated the position of the
lines and the proposed methods of marking them by monuments, tablets, or
otherwise shall be submitted to the Secretary of the Interior, and shall
first receive the written approval of the Secretary. The Secretary of
the Interior, subject to the approval of the President of the United
States, shall have the power to make, and shall make, all needed
regulations for the care of the park and for the establishment and
marking of the lines of battle and other historical features of the
park: Provided further, That State memorials shall be placed on brigade
lines of battle under the direction of the National Park Service.
No monuments or memorials shall be erected upon any lands of the
park, or remain upon any lands which may be purchased for the park,
except upon ground actually occupied in the course of the battle by
troops of the State which the proposed monuments are intended to
commemorate, except upon those sections of the park set apart for
memorials to troops which were engaged in the campaigns, but operated
outside of the legal limits of the park. Notwithstanding the
restrictive provisions of this paragraph, the Secretary of the Interior
is authorized in his discretion to permit without cost to the United
States the erection of monuments or memorials to commemorate encampments
of Spanish War organizations which were encamped in said park during the
period of the Spanish-American War.
(Aug. 19, 1890, ch. 806, 26 Stat. 333; Mar. 3, 1891, ch. 542, 26
Stat. 978; Feb. 26, 1896, ch. 33, 29 Stat. 21; June 4, 1897, ch. 2, 1,
30 Stat. 43; Apr. 15, 1926, ch. 146, title II, 44 Stat. 289; Feb. 23,
1927, ch. 167, title II, 44 Stat. 1140; Ex. Ord. No. 6166, 2, June 10,
1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Act Mar. 3, 1891, and act Apr. 15, 1926, provided for a reduced
area of the park and provided that title to such reduced area should be
procured by the Secretary of War (now Army) as provided and that the
Secretary of War (now Army) should proceed with the establishment of the
park as rapidly as jurisdiction of the roads and approaches and title to
the land might be obtained.
The first sentence of the last paragraph relating to the erection of
monuments or memorials was added by act Feb. 26, 1896.
The proviso that State memorials shall be placed on brigade lines of
battle under the direction of the Park Commission was added by act June
4, 1897.
Act Feb. 23, 1927 made appropriations for items specified and added
provisions relating to monuments or memorials to commemorate encampments
of Spanish War organizations.
Administrative functions of Chickamauga and Chattanooga National
Military Park transferred to Department of the Interior by Ex. Ord.
Nos. 6166 and 6228, set out as a note under section 901 of Title 5,
Government Organization and Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, 2, by act
Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
16 USC 424a. Acceptance of donations of lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized, in his discretion, to
accept in behalf of the United States lands, easements, and buildings as
may be donated for an addition to the Chickamauga and Chattanooga
National Military Park lying within what is known as the ''Chattanooga-
Lookout Mountain Park'' (a corporation, Adolph S. Ochs, president) and/
or any lands within one mile of said Chattanooga-Lookout Mountain Park
in the States of Tennessee and Georgia.
(May 4, 1934, ch. 218, 1, 48 Stat. 666.)
16 USC 424a-1. Acceptance of donations of lands and other property on
Signal Mountain
TITLE 16 -- CONSERVATION
The Secretary of the Interior, in his discretion, is authorized to
accept, on behalf of the United States, donations of lands, buildings,
structures, and other property, or interests therein, on Signal Mountain
near Chattanooga, Tennessee, for addition to the Chickamauga-Chattanooga
National Military Park, the title to such property or interests to be
satisfactory to him. Upon acquisition, such lands shall be a part of
the Chickamauga-Chattanooga National Military Park and shall be subject
to all laws and regulations applicable thereto.
(Mar. 5, 1942, ch. 148, 1, 56 Stat. 133.)
16 USC 424a-2. Conveyance of portion of park to Georgia
TITLE 16 -- CONSERVATION
The Secretary of the Interior, in his discretion, is authorized to
convey, without consideration but under such terms and conditions as he
may deem advisable, to the State of Georgia all of lot 78 and
approximately one hundred and fifty acres of lot 114, Eleventh District,
fourth section, of Dade County, Georgia, now a part of the
Chickamauga-Chattanooga National Military Park.
(Mar. 5, 1942, ch. 148, 2, 56 Stat. 133.)
16 USC 424a-3. Addition of surplus Government lands; publication of
notice; effective date
TITLE 16 -- CONSERVATION
Effective upon publication of notice, as hereinafter provided, there
shall be added to the Chickamauga and Chattanooga National Military
Park, a strip of land, comprising not more than one hundred acres, lying
generally north of the present south line of Fort Oglethorpe and
westward from the southeast corner thereof. The exact boundaries of the
area added to the park shall be agreed upon by the Administrator,
General Services Administration, and the Director of the National Park
Service.
When the boundaries of the aforesaid area have been agreed upon, the
General Services Administration shall furnish to the National Park
Service a legal description of the lands to be added to the park,
together with a map showing the boundaries and the acreage of the area.
Upon the receipt by the National Park Service of such legal
description and map of the area, public notice that such lands are to
become a part of the Chickamauga and Chattanooga National Military Park,
effective on the date of publication of such notice, shall be given in
the Federal Register.
(June 24, 1948, ch. 630, 62 Stat. 646; June 30, 1949, ch. 288, title
I, 105, 63 Stat. 381.)
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.
Act June 30, 1949, transferred functions, property and personnel of
War Assets Administration to General Services Administration and
functions of War Assets Administrator transferred to Administrator of
General Services.
16 USC 424a-4. Acquisition of additional lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept, as an addition
to Chickamauga and Chattanooga National Military Park, donations of not
to exceed one thousand and four hundred acres of land and interests in
land situated generally within the Moccasin Bend of the Tennessee River
lying west of the city of Chattanooga.
All property acquired pursuant to this section shall become a part of
the national military park upon the issuance of an appropriate order, or
orders, by the Secretary of the Interior setting forth the revised
boundaries of the park, such order or orders to be effective upon
publication in the Federal Register. Lands so added to the park shall
thereafter be subject to all laws and regulations applicable to the
park.
(Aug. 3, 1950, ch. 532, 1, 2, 64 Stat. 405.)
16 USC 424b. Application of laws to donated lands
TITLE 16 -- CONSERVATION
All laws affecting the Chickamauga and Chattanooga National Military
Park shall be extended and apply to any addition or additions which may
be added to said park under the authority of this section and section
424a of this title.
(May 4, 1934, ch. 218, 2, 48 Stat. 666.)
16 USC 425. Fredericksburg and Spotsylvania County Battle Fields
Memorial; establishment
TITLE 16 -- CONSERVATION
In order to commemorate the Civil War battles of Fredericksburg,
Spotsylvania Court House, Wilderness, and Chancellorsville, including
Salem Church, all located at or near Fredericksburg, Virginia, and to
mark and preserve for historical purposes the breastworks, earthworks,
gun emplacements, walls, or other defenses or shelters used by the
armies in said battles, so far as the marking and preservation of the
same are practicable, the land herein authorized to be acquired, or so
much thereof as may be taken, and the highways and approaches herein
authorized to be constructed, are declared to be a national military
park to be known as the Fredericksburg and Spotsylvania County Battle
Fields Memorial whenever the title to the same shall have been acquired
by the United States, the said land so to be acquired being the land
necessary for a park of the plan indicated on the index map sheet filed
with the report of the Battle Field Commission appointed pursuant to an
Act entitled ''An Act to provide for the inspection of the battle fields
in and around Fredericksburg and Spotsylvania Court House, Virginia,''
approved on the 7th day of June 1924, said index map sheet being
referred to in said report, and particularly in the ''Combined Plan --
Antietam system,'' described in said report, the first of the plans
mentioned in said report under the heading ''Combined Plan -- Antietam
system'' being the plan which is adopted, the said land herein
authorized to be acquired being such land as the Secretary of the
Interior may deem necessary to establish a park on the combined plan,
Antietam system, above referred to, the particular boundaries of such
land to be fixed by surveys made previous to the attempt to acquire the
same, and authority is given to the Secretary of the Interior to acquire
for the purposes of sections 425 to 425j of this title the land above
mentioned, or so much thereof as he may deem necessary, together with
all such existing breastworks, earthworks, gun emplacements, walls,
defenses, shelters, or other historical points as the Secretary of the
Interior may deem necessary, whether shown on said index map sheet or
not, and together also with such additional land as the Secretary of the
Interior may deem necessary for monuments, markers, tablets, roads,
highways, paths, approaches, and to carry out the general purposes of
said sections. As title is acquired to parts of the land herein
authorized to be acquired, the Secretary of the Interior may proceed
with the establishment of the park upon such portions so acquired, and
the remaining portions of the lands desired shall be respectively
brought within said park as titles to said portions are severally
acquired.
(Feb. 14, 1927, ch. 127, 1, 44 Stat. 1091; Ex. Ord. No. 6166, 2,
June 10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Act June 7, 1924, ch. 339, 43 Stat. 646, referred to in text, was
temporary and was not classified to the Code.
Administrative functions of Fredericksburg and Spotsylvania County
Battle Fields Memorial transferred to Department of the Interior by Ex.
Ord. Nos. 6166 and 6228, set out as notes under section 901 of Title 5,
Government Organization and Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, 2, by act
Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
16 USC 425a. Acquisition of lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to cause condemnation
proceedings to be instituted in the name of the United States under the
provisions of sections 257 and 258 of title 40, to acquire title to the
lands, interests therein, or rights pertaining thereto within the said
Fredericksburg and Spotsylvania County Battle Fields Memorial,
authorized to be acquired in section 425 of this title, and the United
States shall be entitled to immediate possession upon the filing of the
petition in condemnation in the United States District Court for the
Eastern District of Virginia: Provided, That when the owner of such
lands, interests therein, or rights pertaining thereto shall fix a price
for the same, which in the opinion of the commission, referred to in
section 425c of this title, and the Secretary of the Interior, shall be
reasonable, the Secretary may purchase the same without further delay:
Provided further, That the Secretary of the Interior is authorized to
accept on behalf of the United States, donations of lands, interests
therein or rights pertaining thereto required for the said
Fredericksburg and Spotsylvania County Battle Fields Memorial: And
provided further, That no public money shall be expended for title to
any lands until a written opinion of the Attorney General shall be had
in favor of the validity of title thereto.
(Feb. 14, 1927, ch. 127, 2, 44 Stat. 1092; Ex. Ord. No. 6166, 2,
June 10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Section 258 of title 40, referred to in text, was omitted from the
Code as superseded by rule 71A of the Federal Rules of Civil Procedure,
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Transfer of administrative functions of park, see note set out under
section 425 of this title.
16 USC 425b. Leasing lands for memorial
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to enter into leases with
the owners of such of the lands, works, defenses, and buildings thereon
within the said Fredericksburg and Spotsylvania County Battle Fields
Memorial, as in his discretion it is unnecessary to forthwith acquire
title to, and such leases shall be on such terms and conditions as the
Secretary of the Interior may prescribe, and may contain options to
purchase, subject to later acceptance if in the judgment of the
Secretary of the Interior it is as economical to purchase as condemn
title to the property: Provided, That the Secretary of the Interior may
enter into agreements upon such nominal terms as he may prescribe,
permitting the present owners or their tenants to occupy or cultivate
their present holdings, upon condition that they will preserve the
present breastworks, earthworks, walls, defenses, shelters, buildings,
and roads, and the present outlines of the battlefields, and that they
will only cut trees or underbrush or disturb or remove the soil, under
such regulations as the Secretary of the Interior may prescribe, and
that they will assist in caring for and protecting all tablets,
monuments, or such other artificial works as may from time to time be
erected by proper authority: Provided further, That if such agreements
to lease cover any lands the title to which shall have been acquired by
the United States, the proceeds from such agreements shall be applied by
the Secretary of the Interior toward the maintenance of the park.
(Feb. 14, 1927, ch. 127, 3, 44 Stat. 1092; Ex. Ord. No. 6166, 2,
June 10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 425 of this title.
16 USC 425c. Commission; organization
TITLE 16 -- CONSERVATION
The affairs of the said Fredericksburg and Spotsylvania County Battle
Fields Memorial shall, subject to the supervision and direction of the
Secretary of the Interior be in charge of three commissioners,
consisting of Army officers, civilians, or both, to be appointed by the
Secretary of the Interior, one of whom shall be designated as chairman
and another as secretary of the commission.
(Feb. 14, 1927, ch. 127, 4, 44 Stat. 1093; Ex. Ord. No. 6166, 2,
June 10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 425 of this title.
16 USC 425d. Duties of commission
TITLE 16 -- CONSERVATION
It shall be the duty of the commissioners, under the direction of the
Secretary of the Interior, to survey, locate, and preserve the lines of
the opposing armies in said battles, to open, construct, and repair such
roads, highways, paths, and other approaches as may be necessary to make
the historical points accessible to the public and to students of said
battles and for the purposes of the park, to ascertain and mark with
historical monuments, markers, tablets, or otherwise, as the Secretary
of the Interior may determine, all breastworks, earthworks, gun
emplacements, walls, or other defenses or shelters, lines of battle,
location of troops, buildings, and other historical points of interest
within the park or in its vicinity, and to establish and construct such
observation towers as the Secretary of the Interior may deem necessary
for said park, and the said commission in establishing the park shall
have authority, under the direction of the Secretary of the Interior to
employ such labor and services at rates to be fixed by the Secretary of
the Interior, and to obtain such supplies and materials as may be
necessary to carry out the provisions of sections 425 to 425j of this
title.
(Feb. 14, 1927, ch. 127, 5, 44 Stat. 1093; Ex. Ord. No. 6166, 2,
June 10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 425 of this title.
Classification, appropriation, and disbursement of Fredericksburg and
Spotsylvania County Battle Fields memorial fund, see section 1321 of
Title 31, Money and Finance.
16 USC 425e. Acceptance and distribution of gifts
TITLE 16 -- CONSERVATION
The commission, acting through the Secretary of the Interior, is
authorized to receive gifts and contributions from States, Territories,
societies, organizations, and individuals for the said Fredericksburg
and Spotsylvania County Battle Fields Memorial: Provided, That all
contributions of money received shall be deposited in the Treasury of
the United States and credited to a fund to be designated
''Fredericksburg and Spotsylvania County Battle Fields Memorial fund'',
which fund shall be applied to and expended under the direction of the
Secretary of the Interior for carrying out the provisions of sections
425 to 425j of this title.
(Feb. 14, 1927, ch. 127, 6, 44 Stat. 1093; Ex. Ord. No. 6166, 2,
June 10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 425 of this title.
Classification, appropriation, and disbursement of Fredericksburg and
Spotsylvania County Battle Fields memorial fund, see section 1321 of
Title 31, Money and Finance.
16 USC 425f. Ascertaining and marking lines of battle
TITLE 16 -- CONSERVATION
It shall be lawful for the authorities of any State having had troops
engaged in said battles of Fredericksburg, Spotsylvania Court House,
Wilderness, and Chancellorsville, including Salem Church, or in any of
said battles, to enter upon the lands and approaches of the
Fredericksburg and Spotsylvania County Battle Fields Memorial for the
purposes of ascertaining and marking the lines of battle of troops
engaged therein: Provided, That before any such lines are permanently
designated, the position of the lines and the proposed methods of
marking them by monuments, tablets, or otherwise, including the design
and inscription for the same, shall be submitted to the Secretary of the
Interior, and shall first receive written approval of the Secretary,
which approval shall be based upon formal written reports to be made to
him in each case by the commissioners of the park: Provided, That no
discrimination shall be made against any State as to the manner of
designing lines, but any grant made to any State by the Secretary of the
Interior may be used by any other State.
(Feb. 14, 1927, ch. 127, 7, 44 Stat. 1093; Ex. Ord. No. 6166, 2,
June 10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 425 of this title.
16 USC 425g. Protection of monuments, etc.
TITLE 16 -- CONSERVATION
If any person shall, except by permission of the Secretary of the
Interior, destroy, mutilate, deface, injure, or remove any monument,
column, statue, memorial structure, or work of art that shall be erected
or placed upon the grounds of the park by lawful authority, or shall
destroy or remove any fence, railing, enclosure, or other work for the
protection or ornament of said park, or any portion thereof, or shall
destroy, cut, hack, bark, break down, or otherwise injure any tree,
bush, or shrubbery that may be growing upon said park, or shall cut down
or fell or remove any timber, battle relic, tree or trees growing or
being upon said park, or hunt within the limits of the park, or shall
remove or destroy any breastworks, earthworks, walls, or other defenses
or shelter or any part thereof constructed by the armies formerly
engaged in the battles on the lands or approaches to the park, any
person so offending and found guilty thereof before any justice of the
peace of the county in which the offense may be committed, or any court
of competent jurisdiction, shall for each and every such offense forfeit
and pay a fine, in the discretion of the justice, according to the
aggravation of the offense, of not less than $5 nor more than $50,
one-half for the use of the park and the other half to the informer, to
be enforced and recovered before such justice in like manner as debts of
like nature were, on February 14, 1927, by law recoverable in the
several counties where the offense may be committed.
(Feb. 14, 1927, ch. 127, 8, 44 Stat. 1094; Ex. Ord. No. 6166, 2,
June 10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 425 of this title.
16 USC 425h. Rules and regulations
TITLE 16 -- CONSERVATION
The Secretary of the Interior, subject to the approval of the
President, shall have the power to make and shall make all needful rules
and regulations for the care of the park, and for the establishment and
marking of lines of battle and other historical features of the park.
(Feb. 14, 1927, ch. 127, 9, 44 Stat. 1094; Ex. Ord. No. 6166, 2,
June 10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 425 of this title.
16 USC 425i. Report of completion of acquisition of land and work of
commission; superintendent of park
TITLE 16 -- CONSERVATION
Upon completion of the acquisition of the land and the work of the
commission, the Secretary of the Interior shall render a report thereon
to Congress, and thereafter the park shall be placed in charge of a
superintendent at a salary to be fixed by the Secretary of the Interior
and paid out of the appropriation available for the maintenance of the
park.
(Feb. 14, 1927, ch. 127, 10, 44 Stat. 1094; Ex. Ord. No. 6166, 2,
June 10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 425 of this title.
16 USC 425j. Authorization of appropriation
TITLE 16 -- CONSERVATION
To enable the Secretary of the Interior to begin to carry out the
provisions of sections 425 to 425j of this title, including the
condemnation, purchase, or lease of the necessary lands, surveys, maps,
marking the boundaries of the park, opening, constructing, or repairing
necessary roads, pay and expenses of commissioners, salaries for labor
and services, traveling expenses, supplies and materials, the sum of
$50,000 is authorized to be appropriated out of any money in the
Treasury not otherwise appropriated, to remain available until expended,
and such additional sums are authorized to be appropriated from time to
time as may be necessary for the completion of the project and for the
proper maintenance of said park. All disbursements under said sections
shall be annually reported by the Secretary of the Interior to Congress.
(Feb. 14, 1927, ch. 127, 11, 44 Stat. 1094; Ex. Ord. No. 6166, 2,
June 10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 425 of this title.
16 USC 425k. Revision of park boundaries
TITLE 16 -- CONSERVATION
(a) Boundary revision
In furtherance of the purposes of sections 425 to 425j of this title,
the Fredericksburg and Spotsylvania County Battlefields Memorial
National Military Park (hereinafter in sections 425k to 425o of this
title referred to as the ''park'') shall hereafter comprise the lands
and interests in lands within the boundary generally depicted as
''Proposed Park Boundary'' on the maps entitled ''Fredericksburg and
Spotslyvania /1/ National Military Park'', numbered 326-40075D/89,
326-40074E/89, 326-40069B/89, 326-40070D/89, 326-40071C/89, 326-40072E/
89, 326-40076A/89, and 326-40073D/89, and dated June 1989. The maps
shall be on file and available for public inspection in the Office of
the National Park Service, Department of the Interior.
(b) Excluded lands
Lands and interests in lands within the boundary depicted on the maps
referred to in subsection (a) of this section as ''Existing Park
Boundary'' but outside of the boundary depicted as ''Proposed Park
Boundary'' are hereby excluded from the park, in accordance with the
provisions of section 425l(b) of this title. The Secretary of the
Interior (hereinafter referred to as the ''Secretary'') may relinquish
to the Commonwealth of Virginia exclusive or concurrent legislative
jurisdiction over lands excluded from the park by this section by filing
with the Governor a notice of relinquishment. Such relinquishment shall
take effect upon acceptance thereof, or as the laws of the Commonwealth
may otherwise provide.
(Pub. L. 101-214, 2, Dec. 11, 1989, 103 Stat. 1849.)
Section 1 of Pub. L. 101-214 provided that: ''This Act (enacting
this section and sections 425l to 425o of this title) may be cited as
the 'Fredericksburg and Spotsylvania County Battlefields Memorial
National Military Park Expansion Act of 1989'.''
/1/ So in original. Probably should be ''Spotsylvania''.
16 USC 425l. Acquisitions and conveyances
TITLE 16 -- CONSERVATION
(a) Acquisition
The Secretary is authorized to acquire lands and interests in lands
within the park, by donation, purchase with donated or appropriated
funds or by exchange.
(b) Conveyance of lands excluded from park
(1) The Secretary is authorized, in accordance with applicable
existing law, to exchange Federal lands and interests excluded from the
park pursuant to section 425k(b) of this title for the purpose of
acquiring lands within the park boundary.
(2) If any such Federal lands or interests are not exchanged within
five years after December 11, 1989, the Secretary may sell any or all
such lands or interests to the highest bidder, in accordance with such
regulations as the Secretary may prescribe, but any such conveyance
shall be at not less than the fair market value of the land or interest,
as determined by the Secretary.
(3) All Federal lands and interests sold or exchanged pursuant to
this subsection shall be subject to such terms and conditions as will
assure the use of the property in a manner which, in the judgment of the
Secretary, will protect the battlefield setting. Notwithstanding any
other provision of law, the net proceeds from any such sale or exchange
shall be used, subject to appropriations, to acquire lands and interests
within the park.
(c) Alternative access
In order to facilitate the acquisition by the United States of
existing easements or rights of access across Federal lands within the
park and to provide the owners of such easements or rights of access
with alternative rights of access across nonpark lands, the Secretary
may acquire, by donation, purchase with donated or appropriated funds,
or exchange, interests in land of similar estate across lands which are
not within the park. With or without the acceptance of payment of cash
to equalize the values of the properties, the Secretary may convey such
nonpark lands or interests in lands to the holders of such existing
easements or rights of access across Federal lands within the park in
exchange for their conveyance to the United States of such easements or
rights. Nothing in sections 425k to 425o of this title shall prohibit
the Secretary from acquiring any outstanding easements or rights of
access across Federal lands by donation, purchase with donated or
appropriated funds or by exchange.
(d) Conservation easements
The Secretary is authorized to accept donations of conservation
easements on lands adjacent to the park. Such conservation easements
shall have the effect of protecting the scenic and historic resources on
park lands and the adjacent lands or preserving the undeveloped or
historic appearance of the park when viewed from within or without the
park.
(e) Other provisions
Within the area bounded by the Orange Turnpike, the Orange Plank
Road, and McLaws Drive no improved property (as defined in section 425m
of this title) may be acquired without the consent of the owner thereof
unless the Secretary determines that, in his judgment, the property is
subject to, or threatened with, uses which are having, or would have, an
adverse impact on the park.
(Pub. L. 101-214, 3, Dec. 11, 1989, 103 Stat. 1849.)
16 USC 425m. Retained rights
TITLE 16 -- CONSERVATION
(a) Retention of use and occupancy
With the exception of property which the Secretary determines is
necessary for development or public use, the owner or owners of improved
property acquired pursuant to sections 425k to 425o of this title may
retain a right of use and occupancy of such improved property for
noncommercial residential purposes for a definite term of not more than
twenty-five years, or for a term ending at the death of the owner or the
owner's spouse. The owner shall elect the term to be reserved, except
that if the owner is a corporation, trust, partnership, or any entity
other than an individual, the term shall not exceed twenty-five years.
Ownership shall be determined as of June 1, 1989. Unless the property
is wholly or partially donated, the Secretary shall pay to the owner the
fair market value of the property on the date of such acquisition, less
the fair market value of the right retained by the owner.
(b) Terms and conditions
Any rights retained pursuant to this section shall be subject to such
terms and conditions as the Secretary may prescribe and may be
terminated by the Secretary upon his determination and after reasonable
notice to the owner thereof that such property is being used for any
purpose which is incompatible with the administration, protection, or
public use of the park. Such right shall terminate by operation of law
upon notification of the owner by the Secretary and tendering to the
owner an amount equal to the fair market value of that portion of the
right which remains unexpired.
(c) ''Improved property'' defined
As used in this section, the term ''improved property'' means a
year-round noncommercial single-family dwelling together with such land,
in the same ownership as the dwelling, as the Secretary determines is
reasonably necessary for the enjoyment of the dwelling for single-family
residential use.
(Pub. L. 101-214, 4, Dec. 11, 1989, 103 Stat. 1850.)
16 USC 425n. Interpretation
TITLE 16 -- CONSERVATION
In administering the park, the Secretary shall take such action as is
necessary and appropriate to interpret, for the benefit of visitors to
the park and the general public, the battles of Fredericksburg,
Chancellorsville, Spotsylvania Courthouse, and the Wilderness in the
larger context of the Civil War and American history, including the
causes and consequences of the Civil War and including the effects of
the war on all the American people, especially on the American South.
(Pub. L. 101-214, 5, Dec. 11, 1989, 103 Stat. 1851.)
16 USC 425o. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums as may be necessary
to carry out the purposes of sections 425k to 425o of this title.
(Pub. L. 101-214, 6, Dec. 11, 1989, 103 Stat. 1851.)
16 USC 426. Stones River National Battlefield; establishment;
appointment of commission
TITLE 16 -- CONSERVATION
A commission is created, to be composed of the following members, who
shall be appointed by the Secretary of the Interior:
(1) A commissioned officer of the Corps of Engineers, United States
Army;
(2) A veteran of the Civil War who served honorably in the military
forces of the United States; and
(3) A veteran of the Civil War who served honorably in the military
forces of the Confederate States of America.
(Mar. 3, 1927, ch. 374, 1, 44 Stat. 1399; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Apr. 22, 1960, Pub. L.
86-443, 2, 3, 74 Stat. 82.)
Stones River National Military Park redesignated Stones River
National Battlefield by Pub. L. 86-443. See section 426l of this title.
Administrative functions of Stones River National Military Park
transferred to Department of the Interior by Ex. Ord. Nos. 6166 and
6228, set out as notes under section 901 of Title 5, Government
Organization and Employees. Administrative functions of Stones River
National Battlefield assigned to Department of the Interior by section 3
of Pub. L. 86-443, set out as section 426m of this title.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, 2, by act
Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
16 USC 426a. Qualifications of members of commission
TITLE 16 -- CONSERVATION
In appointing the members of the commission created by section 426 of
this title the Secretary of the Interior shall, as far as practicable,
select persons familiar with the terrain of the battlefield of Stones
River, Tennessee, and the historical events associated therewith.
(Mar. 3, 1927, ch. 374, 2, 44 Stat. 1399; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 426 of this title.
16 USC 426b. Duties of commission
TITLE 16 -- CONSERVATION
It shall be the duty of the commission, acting under the direction of
the Secretary of the Interior, to inspect the battlefield of Stones
River, Tennessee, and to carefully study the available records and
historical data with respect to the location and movement of all troops
which engaged in the battle of Stones River, and the important events
connected therewith, with a view of preserving and marking such field
for historical and professional military study.
(Mar. 3, 1927, ch. 374, 3, 44 Stat. 1399; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
A provision of act Mar. 3, 1927, authorizing the submission of a
report by the commission to the Secretary of War not later than Dec. 1,
1927, and describing the contents of such report was omitted as
executed.
Transfer of administrative functions of park, see note set out under
section 426 of this title.
16 USC 426c. Assistants to commission; expenses of commission
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to assign any officials
of the Interior Department to the assistance of the commission if he
deems it advisable. He is authorized to pay the reasonable expenses of
the commission and their assistants incurred in the actual performance
of the duties imposed upon them by sections 426 to 426j of this title.
(Mar. 3, 1927, ch. 374, 4, 44 Stat. 1400; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 426 of this title.
16 USC 426d. Receipt of report of commission by Secretary of the
Interior; acquisition of land for battlefield; other duties of
Secretary
TITLE 16 -- CONSERVATION
Upon receipt of the report of said commission, the Secretary of the
Interior is authorized and directed to acquire, by purchase, when
purchasable at prices deemed by him reasonable, otherwise by
condemnation, such tract or tracts of lands as are recommended by the
commission as necessary and desirable for a national battlefield; to
establish and substantially mark the boundaries of the said battlefield;
to definitely mark all lines of battle and locations of troops within
the boundaries of the battlefield and erect substantial historical
tablets at such points within the battlefield and in the vicinity of the
battlefield and its approaches as are recommended by the commission,
together with such other points as the Secretary of the Interior may
deem appropriate; to construct the necessary roads and walks, plant
trees and shrubs, restore and care for the grounds, including the Hazen
Monument: Provided, That the entire cost of acquiring said land,
including cost of condemnation proceedings, if any, ascertainment of
title, surveys, and compensation for the land, the cost of marking the
battlefield, the expenses of the commission, and the establishment of
the national military battlefield, shall not exceed the sum of $100,000.
(Mar. 3, 1927, ch. 374, 5, 44 Stat. 1400; Apr. 15, 1930, ch. 167, 46
Stat. 167; Ex. Ord. No. 6166, 2, June 10, 1933; Ex. Ord. No. 6228, 1,
July 28, 1933; Apr. 22, 1960, Pub. L. 86-443, 2, 74 Stat. 82.)
1930 -- Act Apr. 15, 1930, inserted ''military'' between
''national'' and ''park'', authorized construction of roads and walks,
planting of trees and shrubs, restoration and care of grounds, including
the Hazen Monument, and inserted ''and the establishment of the national
military park'' in proviso.
''National battlefield'' and ''battlefield'' substituted in text for
''national military park'' and ''park'', respectively, in view of
redesignation of Stones River National Military Park as Stones River
National Battlefield by Pub. L. 86-443. See section 426l of this title.
Transfer of administrative functions of park, see note set out under
section 426 of this title.
16 USC 426e. Lands acquired declared national battlefield; name
TITLE 16 -- CONSERVATION
Upon the ceding of jurisdiction by the legislature of the State of
Tennessee and the report of the Attorney General of the United States
that a perfect title has been acquired, the lands acquired under the
provisions of sections 426 to 426j of this title, together with the area
already inclosed within the national cemetery at the battlefield of
Stones River and the Government reservation in said battlefield upon
which is erected a large monument to the memory of the officers and
soldiers of General Hazen's brigade who fell on the spot, are declared
to be a national battlefield, to be known as the Stones River National
Battlefield.
(Mar. 3, 1927, ch. 374, 6, 44 Stat. 1400; Apr. 22, 1960, Pub. L.
86-443, 2, 74 Stat. 82.)
''Stones River National Battlefield'' and ''national battlefield''
substituted in text for ''Stones River National Park'' and ''national
park'', respectively, in view of redesignation of Stones River National
Military Park as Stones River National Battlefield by Pub. L. 86-443.
See section 426l of this title.
16 USC 426f. Control of battlefield; regulations
TITLE 16 -- CONSERVATION
The said Stones River National Battlefield shall be under the control
of the Secretary of the Interior, and he is authorized to make all
needed regulations for the care of the battlefield. The superintendent
of the Stones River National Cemetery shall likewise be the
superintendent of and have the custody and care of the Stones River
National Battlefield, under the direction of the Secretary of the
Interior.
(Mar. 3, 1927, ch. 374, 7, 44 Stat. 1400; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Apr. 22, 1960, Pub. L.
86-443, 2, 74 Stat. 82.)
''Stones River National Battlefield'' and ''battlefield'' substituted
in text for ''Stones River National Park'' and ''park'', respectively,
in view of redesignation of Stones River National Military Park as
Stones River National Battlefield by Pub. L. 86-443. See section 426l
of this title.
Transfer of administrative functions of park, see note set out under
section 426 of this title.
16 USC 426g. Occupation of lands by former owners
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to enter into agreements,
upon such nominal terms as he may prescribe, with such present owners of
the land as may desire to remain upon it, to occupy and cultivate their
present holdings, upon condition that they will preserve the present
buildings and roads, and the present outlines of field and forest, and
that they will only cut trees or underbrush under such regulations as
the Secretary may prescribe, and that they will assist in caring for and
protecting all tablets, monuments, or such other artificial works as may
from time to time be erected by proper authority.
(Mar. 3, 1927, ch. 374, 8, 44 Stat. 1400; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 426 of this title.
16 USC 426h. Ascertaining and marking lines of battle
TITLE 16 -- CONSERVATION
It shall be lawful for the authorities of any State having troops
engaged in the battle of Stones River to enter upon the lands and
approaches of the Stones River National Battlefield for the purpose of
ascertaining and marking the lines of battle of troops engaged therein:
Provided, That before any such lines are permanently designated, the
position of the lines and the proposed methods of marking them by
monuments, tablets, or otherwise shall be submitted to the Secretary of
the Interior, and shall first receive the written approval of the
Secretary.
(Mar. 3, 1927, ch. 374, 9, 44 Stat. 1401; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Apr. 22, 1960, Pub. L.
86-443, 2, 74 Stat. 82.)
''Stones River National Battlefield'' substituted in text for
''Stones River National Park'' in view of redesignation of Stones River
National Military Park as Stones River National Battlefield by Pub. L.
86-443. See section 426l of this title.
Transfer of administrative functions of park, see note set out under
section 426 of this title.
16 USC 426i. Protection of monuments, etc.
TITLE 16 -- CONSERVATION
If any person shall willfully destroy, mutilate, deface, injure, or
remove any monument, column, statue, memorial structure, or work of art
that shall be erected or placed upon the grounds of the battlefield by
lawful authority, or shall willfully destroy or remove any fence,
railing, inclosure, or other work for the protection or ornament of said
battlefield, or any portion thereof; or shall willfully destroy, cut,
hack, bark, break down, or otherwise injure any tree, bush, or shrubbery
that may be growing upon said battlefield, or shall cut down or fell or
remove any timber, battle relic, tree, or trees growing or being upon
such battlefield, except by permission of the Secretary of the Interior,
or shall willfully remove or destroy any breastworks, earthworks, walls,
or other defenses or shelter, or any part thereof, constructed by the
armies formerly engaged in the battle on the lands or approaches to the
battlefield, any person so offending shall be guilty of a misdemeanor,
and upon conviction thereof before any court of competent jurisdiction,
shall for each and every such offense be fined not less than $5 nor more
than $100.
(Mar. 3, 1927, ch. 374, 10, 44 Stat. 1401; Ex. Ord. No. 6166, 2,
June 10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Apr. 22, 1960,
Pub. L. 86-443, 2, 74 Stat. 82.)
''Battlefield'' substituted in text for ''park'' in view of
redesignation of Stones River National Military Park as Stones River
National Battlefield by Pub. L. 86-443. See section 426l of this title.
Transfer of administrative functions of park, see note set out under
section 426 of this title.
16 USC 426j. Authorization of appropriation; fixing of boundaries as
condition to purchase of lands
TITLE 16 -- CONSERVATION
The sum of $100,000, or so much thereof as may be necessary, is
authorized to be appropriated, out of any moneys in the Treasury not
otherwise appropriated, to be expended for the purposes of sections 426
to 426j of this title: Provided, That no obligation for the purchase of
lands shall be incurred until the commission has fixed the boundaries of
said battlefield.
(Mar. 3, 1927, ch. 374, 11, 44 Stat. 1401; Apr. 22, 1960, Pub. L.
86-443, 2, 74 Stat. 82.)
''Battlefield'' substituted in text for ''park'' in view of
redesignation of Stones River National Military Park as Stones River
National Battlefield by Pub. L. 86-443. See section 426l of this title.
16 USC 426k. Acquisition of additional lands
TITLE 16 -- CONSERVATION
In furtherance of the purposes of sections 426 to 426j of this title,
authorizing establishment of the Stones River National Battlefield, the
Secretary of the Interior is authorized to acquire by such means as he
may deem to be in the public interest, for inclusion in the Stones River
National Battlefield, such additional lands and interests in lands, not
to exceed seven acres, as in the discretion of the Secretary are
necessary for the preservation and interpretation of the battlefield of
Stones River, Tennessee.
(Pub. L. 86-443, 1, 2, Apr. 22, 1960, 74 Stat. 82.)
''Stones River National Battlefield'' substituted in text for
''Stones River National Park'' in view of redesignation of Stones River
National Military Park as Stones River National Battlefield by Pub. L.
86-443. See section 426l of this title.
16 USC 426l. Redesignation; availability of appropriations
TITLE 16 -- CONSERVATION
Stones River National Military Park is redesignated as the Stones
River National Battlefield, and any remaining balance of funds
appropriated for the purpose of the Stones River National Military Park
shall be available for the purpose of Stones River National Battlefield.
(Pub. L. 86-443, 2, Apr. 22, 1960, 74 Stat. 82.)
16 USC 426m. Administration, protection and development
TITLE 16 -- CONSERVATION
The administration, protection and development of the Stones River
National Battlefield shall be exercised by the Secretary of the Interior
in accordance with the provisions of sections 1 and 2 to 4 of this
title, as amended.
(Pub. L. 86-443, 3, Apr. 22, 1960, 74 Stat. 82.)
16 USC 426n. Boundary revision of Stones River National Battlefield
TITLE 16 -- CONSERVATION
(a) Expansion of Stones River National Battlefield
In furtherance of sections 426 to 426j of this title, the boundary of
Stones River National Battlefield (hereinafter referred to as
''battlefield'') is hereby revised to include the lands generally
depicted on the map entitled ''Boundary Map, Stones River National
Battlefield'' numbered 327/80,004B, and dated November 1991. The map
shall be on file and available for public inspection in the offices of
the National Park Service, Department of the Interior and in the office
of the Superintendent of the Stones River National Battlefield.
(b) Acquisition of lands
(1) The Secretary of the Interior (hereinafter referred to as
''Secretary'') is hereby authorized to acquire lands or interests
therein within the boundary of the battlefield by donation, purchase
with donated or appropriated funds, or exchange. Any lands or interests
in lands owned by the State of Tennessee or any political subdivision
thereof may be acquired only by donation. Lands and interests therein
acquired pursuant to sections 426n to 426p of this title shall become
part of the battlefield, subject to all the laws and regulations
applicable thereto.
(2)(A) Before acquiring any lands under sections 426n to 426p of this
title where the surface of such lands has been substantially disturbed
or which are believed by the Secretary to contain hazardous substances,
the Secretary shall prepare a report on the potential hazardous
substances associated with such lands and the estimated cost of
restoring such lands, together with a plan of the remedial measures
necessary to allow acquisition of such lands to proceed in a timely
manner, consistent with the requirements of subparagraph (B). The
Secretary shall submit such report to the Committee on Energy and
Natural Resources of the United States Senate and the Committee on
Interior and Insular Affairs of the United States House of
Representatives.
(B) The Secretary shall not acquire any lands under sections 426n to
426p of this title if the Secretary determines that such lands, or any
portion thereof, have become contaminated with hazardous substances (as
defined in the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601)).
(3)(A) Except for property which the Secretary determines to be
necessary for the purposes of administration, development, access, or
public use, an owner of improved property which is used solely for
noncommercial residential purposes on the date of its acquisition by the
Secretary may retain, as a condition of such acquisition, a right of use
and occupancy of the property for such residential purposes. The right
retained may be for a definite term which shall not exceed 25 years or,
in lieu thereof, for a term ending at the death of the owner or the
death of the spouse, whichever is later. The owner shall elect the term
to be retained. The Secretary shall pay the owner the fair market value
of the property on the date of such acquisition, less the fair market
value of the term retained by the owner.
(B) Any right of use and occupancy retained pursuant to this section
may, during its existence, be conveyed or transferred, but all rights of
use and occupancy shall be subject to such terms and conditions as the
Secretary deems appropriate to assure the use of the property in
accordance with the purposes of sections 426n to 426p of this title.
Upon his determination that the property, or any portion thereof, has
ceased to be so used in accordance with such terms and conditions, the
Secretary may terminate the right of use and occupancy by tendering to
the holder of such right an amount equal to the fair market value, as of
the date of the tender, of that portion of the right which remains
unexpired on the date of termination.
(C) This paragraph applies only to owners who have reached the age of
majority.
(D) As used in this paragraph, the term ''improved property'' means a
detached, year-round noncommercial residential dwelling, the
construction of which was begun before December 11, 1991, together with
so much of the land on which the dwelling is situated, such land being
in the same ownership as the dwelling, as the Secretary shall designate
to be reasonably necessary for the enjoyment of the dwelling for the
sole purpose of noncommercial residential use, together with any
structures accessory to the dwelling which are situated on the land so
designated.
(Pub. L. 100-205, 1, Dec. 23, 1987, 101 Stat. 1433; Pub. L.
102-225, 1(1), (2), Dec. 11, 1991, 105 Stat. 1682.)
The Comprehensive Environmental Response, Compensation, and Liability
Act, referred to in subsec. (b)(2)(B), probably means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, Pub.
L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is
classified principally to chapter 103 ( 9601 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 9601 of Title 42
and Tables.
1991 -- Subsec. (a). Pub. L. 102-225, 1(1), substituted ''numbered
327/80,004B, and dated November 1991'' for ''numbered 327/80,001, and
dated March 1987''.
Subsec. (b). Pub. L. 102-225, 1(2), designated existing provisions as
par. (1) and added pars. (2) and (3).
16 USC 426o. Agreement with Murfreesboro, Tennessee, respecting
battlefield
TITLE 16 -- CONSERVATION
The Secretary is authorized to enter into an agreement with the city
of Murfreesboro, Tennessee, containing each of the following provisions
--
(1) If the city agrees to acquire sufficient interest in land to
construct a trail linking the battlefield with Fortress Rosecrans, to
construct such trail, and to operate and maintain the trail in
accordance with standards approved by the Secretary, the Secretary shall
(A) transfer to the city the funds available to the Secretary for the
acquisition of such lands and for the construction of the trail, and (B)
provide technical assistance to the city and to Rutherford County for
the purpose of development and planning of the trail.
(2) The Secretary shall agree to accept the transfer by donation from
the city of the remnants of Fortress Rosecrans at Old Fort Park, and
following such transfer, to preserve and interpret the fortress as part
of the battlefield.
(3) In administering the Fortress Rosecrans, the Secretary is
authorized to enter a cooperative agreement with the city of
Murfreesboro, Tennessee, for the rendering, on a nonreimbursable basis,
of rescue, firefighting, and law enforcement services and cooperative
assistance by nearby law enforcement and fire preventive agencies.
(Pub. L. 100-205, 2, Dec. 23, 1987, 101 Stat. 1433; Pub. L.
102-225, 1(3), Dec. 11, 1991, 105 Stat. 1683.)
1991 -- Pub. L. 102-225 amended section generally. Prior to
amendment, section read as follows: ''The Secretary is authorized to
enter into an agreement with the city of Murfreesboro, Tennessee, under
which (1) the Secretary shall acquire sufficient interest in land and
shall construct thereon a trail linking the battlefield with Fortress
Rosecrans, (2) the city shall operate and maintain the trail in
accordance with standards approved by the Secretary, and (3) the
Secretary shall preserve the existing remnants of Fortress Rosecrans and
the city shall operate and maintain the fortress.''
16 USC 426o-1. Planning
TITLE 16 -- CONSERVATION
(a) Preparation of plan for Redoubt Brannan
The Secretary shall, on or before February 1, 1992, prepare a plan
for the preservation and interpretation of Redoubt Brannan.
(b) Update of General Management Plan
The Secretary shall, on or before March 31, 1993, update the General
Management Plan for the Stones River National Battlefield.
(c) Technical assistance
The Secretary is authorized to provide technical assistance to the
city and to Rutherford County in the development of zoning ordinances
and other land use controls that would help preserve historically
significant areas adjacent to the battlefield.
(d) Minor boundary revisions
If the planning activities conducted under subsections (a) and (b) of
this section show a need for minor revisions of the boundaries indicated
on the map referred to in section 426n of this title, the Secretary may,
following timely notice in writing to the Committee on Interior and
Insular Affairs of the United States House of Representatives and to the
Committee on Energy and Natural Resources of the United States Senate of
his intention to do so and providing an opportunity for public comment,
make such minor revisions by publication of a revised boundary map or
other description in the Federal Register.
(Pub. L. 100-205, 3, as added Pub. L. 102-225, 1(4), Dec. 11, 1991,
105 Stat. 1683.)
A prior section 3 of Pub. L. 100-205 was renumbered section 4 of
Pub. L. 100-205 and is classified to section 426p of this title.
16 USC 426p. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of sections 426n to 426p of this
title.
(Pub. L. 100-205, 4, formerly 3, Dec. 23, 1987, 101 Stat. 1433;
renumbered 4, Pub. L. 102-225, 1(4), Dec. 11, 1991, 105 Stat. 1683.)
16 USC 427. Site of battle with Sioux Indians; purchase; erection of
monument
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized and directed to acquire,
by condemnation or otherwise, such land as may be deemed appropriate,
not exceeding one hundred and sixty acres, on the site of the battle
with the Sioux Indians in which the commands of Major Marcus A. Reno
and Major Frederick W. Benteen were engaged, and to erect thereon a
suitable monument and historical tablet.
(Apr. 14, 1926, ch. 138, 1, 44 Stat. 251.)
16 USC 427a. Omitted
TITLE 16 -- CONSERVATION
Section, act Apr. 14, 1926, ch. 138, 2, 44 Stat. 251, made
appropriation of $2,500 for carrying out of provisions of section 427 of
this title.
16 USC 428. Fort Donelson National Battlefield; establishment;
appointment of commission
TITLE 16 -- CONSERVATION
A commission is created, to be composed of the following members, who
shall be appointed by the Secretary of the Interior:
(1) A commissioned officer of the Corps of Engineers, United States
Army;
(2) A veteran of the Civil War who served honorably in the military
forces of the United States; and
(3) A veteran of the Civil War who served honorably in the military
forces of the Confederate States of America.
(Mar. 26, 1928, ch. 248, 1, 45 Stat. 367; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Sept. 8, 1960, Pub. L.
86-738, 5, 74 Stat. 876.)
''Fort Donelson National Military Park'' redesignated ''Fort Donelson
National Battlefield'' by Pub. L. 86-738, 4. See section 428n of this
title.
Administrative functions of Fort Donelson National Military Park
transferred to Department of the Interior by Ex. Ord. Nos. 6166 and
6228, set out as notes under section 901 of Title 5, Government
Organization and Employees. Administrative functions of Fort Donelson
National Battlefield assigned to Department of the Interior by section 5
of Pub. L. 86-738, set out as section 428o of this title.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, 2, by act
Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
16 USC 428a. Qualifications of members of commission
TITLE 16 -- CONSERVATION
In appointing the members of the commission created by section 428 of
this title the Secretary of the Interior shall, as far as practicable,
select persons familiar with the terrain of the battlefield of Fort
Donelson, Tennessee, and the historical events associated therewith.
(Mar. 26, 1928, ch. 248, 2, 45 Stat. 367; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 428 of this title.
16 USC 428b. Duties of commission
TITLE 16 -- CONSERVATION
It shall be the duty of the commission, acting under the direction of
the Secretary of the Interior, to inspect the battlefield of Fort
Donelson, Tennessee, and to carefully study the available records and
historical data with respect to the location and movement of all troops
which engaged in the Battle of Fort Donelson, and the important events
connected therewith, with a view of preserving and marking such field
for historical and professional military study.
(Mar. 26, 1928, ch. 248, 3, 45 Stat. 367; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 428 of this title.
16 USC 428c. Assistants to commission; expenses of commission
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to assign any officials
of the Interior Department to the assistance of the commission if he
deems it advisable. He is authorized to pay the reasonable expenses of
the commission and their assistants incurred in the actual performance
of the duties herein imposed upon them.
(Mar. 26, 1928, ch. 248, 4, 45 Stat. 367; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Herein, referred to in text, means act Mar. 26, 1928, which is
classified to sections 428 to 428d and 428e to 428i of this title. For
complete classification of this Act to the Code, see Tables.
Transfer of administrative functions of park, see note set out under
section 428 of this title.
16 USC 428d. Receipt of report of commission by Secretary of the
Interior; acquisition of land for battlefield; other duties of
Secretary
TITLE 16 -- CONSERVATION
Upon receipt of the report of said commission the Secretary of the
Interior is authorized and directed to acquire, by purchase, when
purchasable at prices deemed by him reasonable, otherwise by
condemnation, such tract or tracts of lands as are recommended by the
commission as necessary and desirable for a national battlefield; to
establish and substantially mark the boundaries of the said battlefield;
to definitely mark all lines of battle and locations of troops within
the boundaries of the battlefield and erect substantial historical
tablets at such points within the battlefield and in the vicinity of the
battlefield and its approaches as are recommended by the commission,
together with such other points as the Secretary of the Interior may
deem appropriate; to construct the necessary roads and walks, plant
trees and shrubs, restore and care for the grounds, including the
restoration and maintenance of those portions of old Fort Donelson, and
of the Confederate water batteries that are located on the present
engineer reservation: Provided, That the entire cost of acquiring said
land, including cost of condemnation proceedings, if any, ascertainment
of title, surveys, and compensation for the land, the cost of marking
the battlefield, the expenses of the commission, and the establishment
of the national battlefield shall not exceed the sum of $50,000.
(Mar. 26, 1928, ch. 248, 5, 45 Stat. 368; Feb. 18, 1930, ch. 49, 46
Stat. 69; Ex. Ord. No. 6166, 2, June 10, 1933; Ex. Ord. No. 6228, 1,
July 28, 1933; Sept. 8, 1960, Pub. L. 86-738, 4, 74 Stat. 876.)
1930 -- Act Feb. 18, 1930, inserted ''military'' between
''national'' and ''park'', authorized construction of roads and walks,
planting of trees and shrubs, restoration and care of grounds, including
portions of Fort Donelson and Confederate water batteries, and inserted
''and the establishment of the national military park'' in proviso.
''National battlefield'' and ''battlefield'' substituted in text for
''national military park'' and ''park'', respectively, in view of
redesignation of Fort Donelson National Military Park as Fort Donelson
National Battlefield by Pub. L. 86-738. See section 428n of this title.
Transfer of administrative functions of park, see note set out under
section 428 of this title.
16 USC 428d-1. Acquisition of additional lands
TITLE 16 -- CONSERVATION
The following-described tracts or parcels of land, lying and being
within the seventh civil district of Stewart County, Tennessee, are
transferred from the jurisdiction of the Secretary of War to the
jurisdiction of the Secretary of the Interior as additions to the Fort
Donelson National Battlefield, and shall after August 30, 1937, be
subject to all laws and rules and regulations applicable to said
battlefield:
Tract numbered 1, a right-of-way, fifty feet wide, lying twenty-five
feet on each side of a center line, beginning at a point in the
southerly boundary line of lock D reservation, seven hundred and
thirty-four and eight-tenths feet from the southwest corner of this
reservation; thence south thirty-one degrees five minutes west
seventy-seven and one-tenth feet, thence south eighty-six degrees
twenty-one minutes west four hundred and seventy-nine and nine-tenths
feet, thence south sixty-three degrees fifty-three minutes west two
hundred and sixty-two and three-tenths feet, thence south thirty-nine
degrees thirty-six minutes west one hundred and eighty-six and
seven-tenths feet, thence south exactly forty minutes east exactly one
hundred and ninety-four feet, thence south thirty degrees fifty-eight
minutes east three hundred and fourteen and five-tenths feet, thence
south twenty-eight degrees fifteen minutes east exactly eighty-five
feet, thence south twenty-eight degrees thirty-seven minutes east two
hundred and fifty and five-tenths feet, thence south four degrees six
minutes east two hundred and sixty-one and seven-tenths feet, thence
south thirty-six degrees twenty-seven minutes east two hundred and
eighty-two and three-tenths feet, thence south twenty-three degrees
forty-five minutes east one hundred and seventy-eight and three-tenths
feet to center line of county road, reserving, however, to the
Department of the Army the right to the continued use of the road over
this tract as a means of access to lock D.
Tract numbered 2, beginning at a point in the southern boundary line
of lock D reservation, seven hundred and fifty-three and five-tenths
feet from the southwest corner of this reservation, thence north
seventy-four degrees twenty-eight minutes east one hundred and
ninety-one and ninety-eight one-hundredths feet, thence south
eighty-five degrees twelve minutes east fifty-two and nine-tenths feet,
thence south fifty-one degrees thirty-six minutes east thirty-two and
nine-tenths feet, thence south nine degrees thirty-three minutes east
one hundred and seventeen and two one-hundredths feet, thence south
thirty-one degrees three minutes west sixty-nine and eighty-two
one-hundredths feet, thence north fifty-eight degrees fifty-seven
minutes west two hundred and eighty-eight and eight one-hundredths feet
to beginning.
Tract numbered 3, beginning at a point in the southern boundary line
of lock D reservation, five hundred and ninety feet from the southwest
corner of this reservation, this point being marked by an iron fence
post, thence north fifty-eight degrees fifty-seven minutes west five
hundred and ninety feet along the southern boundary line of lock D
reservation, thence north thirty-one degrees three minutes east four
hundred and eighty-eight feet along the western boundary line of the
lock D reservation to low-water mark on bank of Cumberland River, thence
along low-water line of Cumberland River in a southeasterly direction
three hundred and thirty-five feet, thence south thirty-four degrees
five minutes west one hundred and twenty-three feet to an iron pin,
thence south fifty-five degrees fifty-five minutes east three hundred
and seven and five-tenths feet to an iron pin, thence south forty
degrees five minutes west three hundred and ten and five-tenths feet to
beginning.
(Aug. 30, 1937, ch. 888, 1, 50 Stat. 881; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501; Sept. 8, 1960, Pub. L. 86-738, 4, 74
Stat. 876.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
''Fort Donelson National Battlefield'' and ''battlefield''
substituted in text for ''Fort Donelson National Military Park'' and
''park'', respectively, in view of redesignation of Fort Donelson
National Military Park as Fort Donelson National Battlefield by Pub. L.
86-738. See section 428n of this title.
16 USC 428d-2. Acceptance of donations by Secretary of the Interior
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept donations of
land, interests in land, buildings, structures, and other property
within a distance of one mile from the boundaries of said Fort Donelson
National Battlefield, as extended by section 428d-1 of this title, and
donations of funds for the purchase or maintenance thereof, the title
and evidence of title to lands acquired to be satisfactory to the
Secretary of the Interior: Provided, That he may acquire on behalf of
the United States out of any donated funds, by purchase at prices deemed
by him reasonable or by condemnation, such tracts of land within a
distance of one mile from the boundaries of the said national
battlefield as may be necessary for the completion thereof. Upon the
acquisition of such land, the same shall become a part of the Fort
Donelson National Battlefield and shall be subject to the laws and rules
and regulations applicable to said battlefield.
(Aug. 30, 1937, ch. 888, 2, 50 Stat. 882; Sept. 8, 1960, Pub. L.
86-738, 4, 74 Stat. 876.)
''Fort Donelson National Battlefield'', ''national battlefield'' and
''battlefield'' substituted in text for ''Fort Donelson National
Military Park'', ''national military park'' and ''park'', respectively,
in view of redesignation of Fort Donelson National Military Park as Fort
Donelson National Battlefield by Pub. L. 86-738. See section 428n of
this title.
16 USC 428d-3. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the lands
authorized to be added to the Fort Donelson National Battlefield by
sections 428d-1 and 428d-2 shall be exercised under the direction of the
Secretary of the Interior by the National Park Service, subject to the
provisions of sections 1 and 2 to 4 of this title, as amended.
(Aug. 30, 1937, ch. 888, 3, 50 Stat. 883; Sept. 8, 1960, Pub. L.
86-738, 4, 74 Stat. 876.)
''Fort Donelson National Battlefield'' substituted in text for ''Fort
Donelson National Military Park'' in view of redesignation of Fort
Donelson National Military Park as Fort Donelson National Battlefield by
Pub. L. 86-738. See section 428n of this title.
16 USC 428e. Lands acquired declared national battlefield; name
TITLE 16 -- CONSERVATION
Upon the ceding of jurisdiction by the Legislature of the State of
Tennessee and the report of the Attorney General of the United States
that a perfect title has been acquired, the lands acquired under the
provisions of sections 428 to 428d and 428e to 428i of this title,
together with the area already inclosed within the national cemetery at
the battle field of Fort Donelson, are declared to be a national
battlefield, to be known as the Fort Donelson National Battlefield.
(Mar. 26, 1928, ch. 248, 6, 45 Stat. 368; Sept. 8, 1960, Pub. L.
86-738, 4, 74 Stat. 876.)
''Fort Donelson National Battlefield'' and ''battlefield''
substituted in text for ''Fort Donelson National Military Park'' and
''park'', respectively, in view of redesignation of Fort Donelson
National Military Park as Fort Donelson National Battlefield by Pub. L.
86-738. See section 428n of this title.
16 USC 428f. Control of battlefield; regulations
TITLE 16 -- CONSERVATION
The said Fort Donelson National Battlefield shall be under the
control of the Secretary of the Interior, and he is authorized to make
all needed regulations for the care of the battlefield. The
superintendent of the Fort Donelson National Cemetery shall likewise be
the superintendent of and have the custody and care of the Fort Donelson
National Battlefield, under the direction of the Secretary of the
Interior.
(Mar. 26, 1928, ch. 248, 7, 45 Stat. 368; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Sept. 8, 1960, Pub. L.
86-738, 4, 74 Stat. 876.)
''Fort Donelson National Battlefield'' and ''battlefield''
substituted in text for ''Fort Donelson National Military Park'' and
''park'', respectively, in view of redesignation of Fort Donelson
National Military Park as Fort Donelson National Battlefield by Pub. L.
86-738. See section 428n of this title.
Transfer of administrative functions of park, see note set out under
section 428 of this title.
16 USC 428g. Occupation of lands by former owners
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to enter into agreements,
upon such nominal terms as he may prescribe, with such present owners of
the land as may desire to remain upon it, to occupy and cultivate their
present holdings, upon condition that they will preserve the present
buildings and roads, and the present outlines of field and forest, and
that they will only cut trees or underbrush under such regulations as
the Secretary may prescribe, and that they will assist in caring for and
protecting all tablets, monuments, or such other artificial works as may
from time to time be erected by proper authority.
(Mar. 26, 1928, ch. 248, 8, 45 Stat. 368; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 428 of this title.
16 USC 428h. Ascertaining and marking line of battle
TITLE 16 -- CONSERVATION
It shall be lawful for the authorities of any State having troops
engaged in the Battle of Fort Donelson to enter upon the lands and
approaches of the Fort Donelson National Battlefield for the purpose of
ascertaining and marking the lines of battle of troops engaged therein:
Provided, That before any such lines are permanently designated, the
position of the lines and the proposed methods of marking them by
monuments, tablets, or otherwise shall be submitted to the Secretary of
the Interior and shall first receive the written approval of the
Secretary.
(Mar. 26, 1928, ch. 248, 9, 45 Stat. 368; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Sept. 8, 1960, Pub. L.
86-738, 4, 74 Stat. 876.)
''Fort Donelson National Battlefield'' substituted in text for ''Fort
Donelson National Military Park'' in view of redesignation of Fort
Donelson National Military Park as Fort Donelson National Battlefield by
Pub. L. 86-738. See section 428n of this title.
Transfer of administrative functions of park, see note set out under
section 428 of this title.
16 USC 428i. Protection of monuments, etc.
TITLE 16 -- CONSERVATION
If any person shall willfully destroy, mutilate, deface, injure, or
remove any monument, column, statue, memorial structure, or work of art
that shall be erected or placed upon the grounds of the battlefield by
lawful authority, or shall willfully destroy or remove any fence,
railing, inclosure, or other work for the protection or ornament of said
battlefield, or any portion thereof, or shall willfully destroy, cut,
hack, bark, break down, or otherwise injure any tree, bush, or shrubbery
that may be growing upon said battlefield, or shall cut down or fell or
remove any timber, battle relic, tree, or trees growing or being upon
such battlefield, except by permission of the Secretary of the Interior,
or shall willfully remove or destroy any breastworks, earthworks, walls,
or other defenses or shelter, or any part thereof, constructed by the
armies formerly engaged in the battle on the lands or approaches to the
battlefield, any person so offending shall be guilty of a misdemeanor,
and upon conviction thereof before any court of competent jurisdiction
shall for each and every such offense be fined not less than $5 nor more
than $100.
(Mar. 26, 1928, ch. 248, 10, 45 Stat. 368; Ex. Ord. No. 6166, 2,
June 10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Sept. 8, 1960,
Pub. L. 86-738, 4, 74 Stat. 876.)
''Battlefield'' substituted for ''park'' wherever appearing in text
in view of redesignation of Fort Donelson National Military Park as Fort
Donelson National Battlefield by Pub. L. 86-738. See section 428n of
this title.
Transfer of administrative functions of park, see note set out under
section 428 of this title.
16 USC 428j. Omitted
TITLE 16 -- CONSERVATION
Section, act Mar. 26, 1928, ch. 248, 11, 45 Stat. 369,
appropriated $50,000 to be expended for purposes of sections 428 to
428d, 428e to 428i of this title.
16 USC 428k. Addition of lands
TITLE 16 -- CONSERVATION
In furtherance of the purposes of sections 428 to 428d and 428e to
428i of this title and to facilitate an appropriate observance of the
one hundredth anniversary of the Battle of Fort Donelson, the Secretary
of the Interior is authorized to designate for addition to the present
Fort Donelson National Battlefield such lands and interests in lands
adjacent to said battlefield as in his discretion are necessary to
preserve and interpret this historic battleground, including the nearby
historic Surrender House and the land upon which it is situated on
Spring Street in the town of Dover, Tennessee, but the total area
commemorating the battle of Fort Donelson shall not exceed 600 acres.
(Pub. L. 86-738, 1, 4, Sept. 8, 1960, 74 Stat. 875, 876.)
''Fort Donelson National Battlefield'' and ''battlefield''
substituted in text for ''Fort Donelson National Military Park'' and
''park'', respectively, in view of redesignation of Fort Donelson
National Military Park as Fort Donelson National Battlefield by Pub. L.
86-738, 4, set out as section 428n of this title.
16 USC 428l. Acquisition of lands; agreement for transfer of
jurisdiction
TITLE 16 -- CONSERVATION
Within the area designated for addition to such battlefield under
section 428k of this title, the Secretary is authorized to acquire
non-Federal lands and interests in lands by purchase, by donation, by
purchase with donated funds, or in such other manner and by such means
as he may deem to be in the public interest, except that the Surrender
House and land upon which it is situated shall be acquired only by
donation or by purchase with donated funds. Administrative jurisdiction
and control over lands administered by the Corps of Engineers,
Department of the Army, above contour elevation 369 and which, under
authority of section 428k of this title, are designated for inclusion in
the battlefield, shall, upon agreement of the administering agency, be
transferred to the Secretary of the Interior without a transfer of
funds.
(Pub. L. 86-738, 2, 4, Sept. 8, 1960, 74 Stat. 876.)
''Battlefield'' substituted in text for ''park'' in view of
redesignation of Fort Donelson National Military Park as Fort Donelson
National Battlefield by Pub. L. 86-738, 4, set out as section 428n of
this title.
16 USC 428m. Authorization of appropriation
TITLE 16 -- CONSERVATION
There is authorized to be appropriated the sum of not to exceed
$454,000 for the purpose of acquiring lands, interests in lands, and
improvements thereon as may be necessary for carrying out sections 428k
to 428o of this title.
(Pub. L. 86-738, 3, Sept. 8, 1960, 74 Stat. 876; Pub. L. 92-272,
title I, 101(5), Apr. 11, 1972, 86 Stat. 120.)
1972 -- Pub. L. 92-272 increased authorization of appropriations
from a sum not to exceed $226,000 to a sum not to exceed $454,000.
16 USC 428n. Change in name to Fort Donelson National Battlefield
TITLE 16 -- CONSERVATION
Upon acquisition of the additional lands pursuant to authority
contained in sections 428k to 428o of this title, the Fort Donelson
National Military Park shall be redesignated by the Secretary of the
Interior as the Fort Donelson National Battlefield, notice thereof shall
be published in the Federal Register, and any remaining balance of funds
appropriated for purposes of the Fort Donelson National Military Park
shall be available for the purposes of the Fort Donelson National
Battlefield.
(Pub. L. 86-738, 4, Sept. 8, 1960, 74 Stat. 876.)
16 USC 428o. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the Fort Donelson
National Battlefield shall be exercised by the Secretary of the Interior
in accordance with the provisions of sections 1 and 2 to 4 of this
title, as amended.
(Pub. L. 86-738, 5, Sept. 8, 1960, 74 Stat. 876.)
16 USC 429. Brices Cross Roads and Tupelo battlefields in Mississippi;
establishment
TITLE 16 -- CONSERVATION
For the purpose of commemorating the battles of Brices Cross Roads,
Mississippi, and Tupelo, Mississippi, the Secretary of the Army is
authorized and directed to (1) acquire not to exceed one acre of land,
free of cost to the United States, at each of the above-named battle
fields, (2) fence each parcel of land so acquired, (3) build an approach
to each such parcel of land, and (4) erect a suitable marker on each
such parcel of land.
(Feb. 21, 1929, ch. 289, 1, 45 Stat. 1254; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70 A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
16 USC 429a. Jurisdiction and control; authorization of annual
appropriation
TITLE 16 -- CONSERVATION
Each parcel of land acquired under section 429 of this title shall be
under the jurisdiction and control of the Secretary of the Interior, and
there is authorized to be appropriated for the maintenance of each such
parcel of land, fence, approach, and marker a sum not to exceed $250 per
annum.
(Feb. 21, 1929, ch. 289, 3, 45 Stat. 1254; Ex. Ord. No. 6166, 2,
June 10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Administrative functions of Brices Cross Roads and Tupelo battlefield
sites transferred to Department of the Interior by Ex. Ord. No. 6166,
2, and Ex. Ord. No. 6228, 1, set out as a note under section 901 of
Title 5, Government Organization and Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, 2, by act
Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
16 USC 429a-1. Tupelo National Battlefield; acquisition of additional
lands
TITLE 16 -- CONSERVATION
To further the purposes of sections 429 and 429a of this title, the
Secretary of the Interior may acquire by donation or with donated funds
not to exceed one-half acre of land and interests in land for addition
to the adjoining Tupelo National Battlefield site.
(Pub. L. 87-133, 1, Aug. 10, 1961, 75 Stat. 336.)
16 USC 429a-2. Change in name to Tupelo National Battlefield;
administration
TITLE 16 -- CONSERVATION
The Tupelo National Battlefield site is redesignated the Tupelo
National Battlefield which shall continue to be administered pursuant to
sections 1 and 2 to 4 of this title, as amended and supplemented.
(Pub. L. 87-133, 2, Aug. 10, 1961, 75 Stat. 336.)
16 USC 429b. Manassas National Battlefield Park
TITLE 16 -- CONSERVATION
(a) Establishment; boundaries
There is established as a unit of the national park system in the
Commonwealth of Virginia the Manassas National Battlefield Park, which
shall contain within its boundaries the important historical lands
relating to the two battles of Manassas. The total area of the park
shall not be greater than four thousand five hundred and twenty-five
acres. The boundaries of the park shall be the boundaries depicted on
the map entitled ''Boundary Map, Manassas National Battlefield Park'',
dated October 1980, and numbered 379/80,009, which shall be on file and
available for public inspection in the offices of the National Park
Service, Department of the Interior. The Secretary shall publish in the
Federal Register, as soon as practicable after the date of the enactment
of this Act, but no later than one year from the effective date of this
section, a detailed description and map of the boundaries.
Notwithstanding section 460l-9(c) of this title, the Secretary may not
make any changes in the boundaries of the park. The Secretary shall
administer the park in accordance with laws, rules, and regulations
applicable to the national park system.
(b) Addition to park
(1) In addition to subsection (a) of this section, the boundaries of
the park shall include the area, comprising approximately 600 acres,
which is south of U.S. Route 29, north of Interstate Route 66, east of
Route 705, and west of Route 622. Such area shall hereafter in sections
429b to 429b-5 of this title be referred to as the ''Addition''.
(2)(A) Notwithstanding any other provision of law, effective on
November 10, 1988, there is hereby vested in the United States all
right, title, and interest in and to, and the right to immediate
possession of, all the real property within the Addition.
(B) The United States shall pay just compensation to the owners of
any property taken pursuant to this paragraph and the full faith and
credit of the United States is hereby pledged to the payment of any
judgment entered against the United States with respect to the taking of
such property. Payment shall be in the amount of the agreed negotiated
value of such property or the valuation of such property awarded by
judgment and shall be made from the permanent judgment appropriation
established pursuant to 31 U.S.C. 1304. Such payment shall include
interest on the value of such property which shall be compounded
quarterly and computed at the rate applicable for the period involved,
as determined by the Secretary of the Treasury on the basis of the
current average market yield on outstanding marketable obligations of
the United States of comparable maturities from November 10, 1988, to
the last day of the month preceding the date on which payment is made.
(C) In the absence of a negotiated settlement, or an action by the
owner, within 1 year after November 10, 1988, the Secretary may initiate
a proceeding at anytime seeking in a court of competent jurisdiction a
determination of just compensation with respect to the taking of such
property.
(3) Not later than 6 months after November 10, 1988, the Secretary
shall publish in the Federal Register a detailed description and map
depicting the boundaries of the Addition. The map shall be on file and
available for public inspection in the offices of the National Park
Service, Department of the Interior.
(c) Use of addition
The Secretary shall not allow any unauthorized use of the Addition
after November 10, 1988, except that the Secretary may permit the
orderly termination of all operations on the Addition and the removal of
equipment, facilities, and personal property from the Addition.
(Apr. 17, 1954, ch. 153, 1, 68 Stat. 56, as renumbered and amended
Oct. 13, 1980, Pub. L. 96-442, 2, 94 Stat. 1885; Nov. 10, 1988, Pub.
L. 100-647, title X, 10002, 102 Stat. 3810.)
The date of the enactment of this Act and effective date of this Act,
referred to in subsec. (a), probably means the date of the enactment of
the Manassas National Battlefield Park Amendments of 1980, Pub. L.
96-442, which was approved Oct. 13, 1980.
1988 -- Pub. L. 100-647 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
1980 -- Pub. L. 96-442 substituted a referenced map for specific
boundaries, limited the expanded battlefield park to 4,525 acres,
included the park in the National Park System, required the Secretary to
publish more detailed map, prohibited the Secretary from making boundary
adjustments and required him to administer the Park in accordance with
the laws and regulations applicable to the National Park System.
Section 10001 of title X of Pub. L. 100-647 provided that: ''This
title (amending this section and section 429b-1 of this title and
enacting provisions set out as a note below) may be cited as the
'Manassas National Battlefield Park Amendments of 1988'.''
Section 1 of Pub. L. 96-442 provided: ''That this Act (enacting
sections 429b-1 to 429b-5 of this title, amending this section, and
enacting provisions set out as a note under section 460cc of this title)
may be cited as the 'Manassas National Battlefield Park Amendments of
1980'.''
Section 10004 of Pub. L. 100-647 provided that:
''(a) Study. -- The Secretary of the Interior (hereafter in this
section referred to as the 'Secretary'), in consultation and consensus
with the Commonwealth of Virginia, the Federal Highway Administration,
and Prince William County, shall conduct a study regarding the
relocation of highways (known as routes 29 and 234) in, and in the
vicinity of, the Manassas National Battlefield Park (hereinafter in this
section referred to as the 'park'). The study shall include an
assessment of the available alternatives, together with cost estimates
and recommendations regarding preferred options. The study shall
specifically consider and develop plans for the closing of those public
highways (known as routes 29 and 234) that transect the park and shall
include analysis of the timing and method of such closures and of means
to provide alternative routes for traffic now transecting the park. The
Secretary shall provide for extensive public involvement in the
preparation of the study.
''(b) Determination. -- Within 1 year after the enactment of this Act
(Nov. 10, 1988), the Secretary shall complete the study under subsection
(a). The study shall determine when and how the highways (known as
routes 29 and 234) should be closed.
''(c) Assistance. -- The Secretary shall provide funds to the
appropriate construction agency for the construction and improvement of
the highways to be used for the rerouting of traffic now utilizing
highways (known as routes 29 and 234) to be closed pursuant to
subsection (b) if the construction and improvement of such alternatives
are deemed by the Secretary to be in the interest of protecting the
integrity of the park. Not more than 75 percent of the costs of such
construction and improvement shall be provided by the Secretary and at
least 25 percent shall be provided by State or local governments from
any source other than Federal funds. Such construction and improvement
shall be approved by the Secretary of Transportation.
''(d) Authorization. -- There is authorized to be appropriated to the
Secretary not to exceed $30,000,000 to prepare the study required by
subsection (a) and to provide the funding described in subsection (c).''
16 USC 429b-1. Acquisition and use of lands
TITLE 16 -- CONSERVATION
(a) Acquisition of property or interests in property; scenic
preservation of views
(1) In order to effectuate the purposes of sections 429b to 429b-5 of
this title, the Secretary is authorized to acquire by donation, purchase
with donated or appropriated funds or exchange, any property or
interests therein which are located within the boundaries of the park,
except that property owned by the Commonwealth of Virginia or by any
political subdivision thereof may be acquired only by donation.
(2) The Secretary shall cooperate with the Commonwealth of Virginia,
the political subdivisions thereof, and other parties as designated by
the Commonwealth or its political subdivisions in order to promote and
achieve scenic preservation of views from within the park through zoning
and such other means as the parties determine feasible.
(b) Acquisition of fee simple title with the consent of owner;
hearing and review
With respect to areas within the 1954 boundaries of the park, as
identified on the map referred to in section 429b of this title, the
Secretary may not acquire fee simple title to such areas without the
consent of the owner so long as the lands continue to be devoted to a
use which is the same as that in effect on September 1, 1980. Further,
if the Secretary proposes to acquire fee simple title to such property
because of a change in use, the owner of such property may seek a review
of the proposed acquisition of his or her property and is entitled to a
hearing on the record in accordance with section 554 of title 5.
(c) Secretary authorized to make land available for Route 234 bypass
If the Virginia Department of Highways and Transportation determines
that the proposed Route 234 bypass should be properly located between
the Virginia Electric Power Company powerline easement and route 705,
the Secretary shall make available the land necessary for such bypass,
subject to such revisions, terms, and conditions as the Secretary deems
are necessary and appropriate to assure that such bypass is located,
constructed, operated, and maintained in a manner consistent with the
administration of the park.
(d) Secretary not to close State roads
The Secretary may not close any State roads within the park unless
action permitting the closing of such roads has been taken by
appropriate officials of the Commonwealth of Virginia.
(Apr. 17, 1954, ch. 153, 2, as added Oct. 13, 1980, Pub. L. 96-442,
2, 94 Stat. 1885, and amended Nov. 10, 1988, Pub. L. 100-647, title X,
10003, 102 Stat. 3811.)
1988 -- Subsec. (a). Pub. L. 100-647 designated existing provisions
as par. (1) and added par. (2).
16 USC 429b-2. Retention of right of use and occupation of improved
property by owner
TITLE 16 -- CONSERVATION
(a) Time limits; compensation
Subsequent to October 13, 1980, the owner of improved property on the
date of its acquisition by the Secretary may, as a condition of such
acquisition, retain for himself and his heirs and assigns a right of use
and occupancy of the improved property for noncommercial residential
purposes for a definite term of not more than twenty-five years or for a
term ending at the death of the owner or the death of the spouse of the
owner, whichever is later. The owner shall elect the term to be
reserved. Unless this property is wholly or partially donated to the
United States, the Secretary shall pay the owner an amount equal to the
fair market value of the property on the date of its acquisition less
the value on such date of the right retained by the owner. If such
property is donated (in whole or in part) to the United States, the
Secretary may pay to the owner such lesser amount as the owner may agree
to. A right retained pursuant to this section shall be subject to
termination by the Secretary upon his determination that it is being
exercised in a manner inconsistent with the purposes of sections 429b to
429b-5 of this title, and it shall terminate by operation of law upon
the Secretary's notifying the holder of the right of such determination
and tendering to him an amount equal to the fair market value of that
portion of the right which remains unexpired.
(b) Displaced person; waiver of benefits
No property owner who elects to retain a right of use and occupancy
under this section shall be considered a displaced person as defined in
section 4601(6) of title 42. Such owners shall be considered to have
waived any benefits which would otherwise accrue to them under sections
4623 to 4626 of title 42.
(Apr. 17, 1954, ch. 153, 3, as added Oct. 13, 1980, Pub. L. 96-442,
2, 94 Stat. 1886.)
16 USC 429b-3. Definitions
TITLE 16 -- CONSERVATION
For purposes of sections 429b to 429b-5 of this title --
(1) The term ''improved property'' means a detached, one-family
dwelling, construction of which was begun before January 1, 1979, which
is used for noncommercial residential purposes, together with not to
exceed three acres of land on which the dwelling is situated and
together with such additional lands or interests therein as the
Secretary deems to be reasonably necessary for access thereto, such
lands being in the same ownership as the dwelling, together with any
structures accessory to the dwelling which are situated on such land.
(2) The term ''park'' means the Manassas National Battlefield Park
established under sections 429b to 429b-5 of this title.
(3) The term ''Secretary'' means the Secretary of the Interior.
(4) The term ''owner'' means the owner of record as of September 1,
1980.
(Apr. 17, 1954, ch. 153, 4, as added Oct. 13, 1980, Pub. L. 96-442,
2, 94 Stat. 1886.)
16 USC 429b-4. Funds from Land and Water Conservation Fund
TITLE 16 -- CONSERVATION
(a) Maximum amount usable for acquisition of property
In addition to sums heretofore expended for the acquisition of
property and interests therein for the park, from funds available for
expenditure from the Land and Water Conservation Fund, as established
under the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-4 et seq.), not more than a total of $8,700,000 may be expended for
the acquisition of property and interests therein under sections 429b to
429b-5 of this title.
(b) Completion of acquisition in two years
It is the express intent of Congress that, except for property
referred to in section 429b-1(b) of this title, the Secretary shall
acquire property and interests therein under sections 429b to 429b-5 of
this title within two complete fiscal years after October 13, 1980.
(Apr. 17, 1954, ch. 153, 5, as added Oct. 13, 1980, Pub. L. 96-442,
2, 94 Stat. 1886.)
The Land and Water Conservation Fund Act of 1965, referred to in
subsec. (a), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as
amended, which is classified generally to part B ( 460l-4 et seq.) of
subchapter LXIX of this chapter. For complete classification of this
Act to the Code, see Short Title note set out under section 460l-4 of
this title and Tables.
16 USC 429b-5. Funding limitations; contracting authority, etc.
TITLE 16 -- CONSERVATION
(a) Effective date of authorizations
Authorizations of moneys to be appropriated under sections 429b to
429b-5 of this title from the Land and Water Conservation Fund for
acquisition of properties and interests shall be effective on October 1,
1981.
(b) Authority limited by appropriations
Notwithstanding any other provision of sections 429b to 429b-5 of
this title, authority to enter into contracts, to incur obligations, or
to make payments under sections 429b to 429b-5 of this title shall be
effective only to the extent, and in such amounts as are provided in
advance in appropriation Acts.
(Apr. 17, 1954, ch. 153, 6, as added Oct. 13, 1980, Pub. L. 96-442,
2, 94 Stat. 1887.)
16 USC 430. Kings Mountain National Military Park; establishment
TITLE 16 -- CONSERVATION
In order to commemorate the Battle of Kings Mountain, which was
fought on the 7th day of October 1780, the Kings Mountain battle ground,
in the State of South Carolina, including such adjacent and contiguous
lands as may be useful and proper in effectually carrying out the
purpose of sections 430, 430a, and 430b to 430e of this title, is
declared to be a national military park, to be known as the Kings
Mountain National Military Park, when such land including said battle
ground, shall become the property of the United States.
(Mar. 3, 1931, ch. 437, 1, 46 Stat. 1508.)
16 USC 430a. Acquisition of land
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall ascertain on what land the Battle
of Kings Mountain was fought and, subject to the provisions of section
255 of title 40, shall proceed to acquire title to such land together
with such adjacent and contiguous lands as he may deem useful and proper
in effectually carrying out the purposes of sections 430, 430a, and 430b
of this title, either by purchase or gift or by condemnation under the
provisions of sections 257 and 258 of title 40.
(Mar. 3, 1931, ch. 437, 2, 46 Stat. 1508; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Section 258 of title 40, referred to in text, was omitted from the
Code as superseded by rule 71A of the Federal Rules of Civil Procedure,
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Administrative functions of Kings National Military Park transferred
to Department of the Interior by Ex. Ord. Nos. 6166 and 6228, set out
as a note under section 901 of Title 5, Government Organization and
Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, 2, by act
Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
16 USC 430a-1. Revision of boundaries
TITLE 16 -- CONSERVATION
In order to consolidate the Federal ownership of lands in, and to
facilitate protection and preservation of, Kings Mountain National
Military Park, South Carolina, the boundaries are revised as follows:
(1) Federally owned lands lying west of the easterly right-of-way
line of State Route P-11-123, containing approximately two hundred
acres, are excluded from the park;
(2) Privately owned lands lying east of the easterly right-of-way
line of State Route P-11-123, containing approximately eighty acres, are
included in the park; and
(3) Lands of the Mary Morris estate lying south of the southerly
right-of-way line of the historic Yorkville-Shelbyville Road, and
forming the triangle bounded by the new State Route P-11-86, the
historic Yorkville-Shelbyville Road and the present park boundary (Old
Houser tract), aggregating approximately sixty acres, are included in
the park.
(Pub. L. 86-62, 1, June 23, 1959, 73 Stat. 108.)
16 USC 430a-2. Acquisition of lands within revised boundary
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to acquire lands and
interests in lands within the revised boundary by purchase, donation,
with donated funds, or by exchange, utilizing for such exchanges
federally owned lands of approximately equal value excluded from the
park pursuant to sections 430a-1 to 430a-3 of this title. Federally
owned lands so excluded which the Secretary of the Interior determines
are not needed for such exchanges shall be disposed of in accordance
with the provisions of the Federal Property and Administrative Services
Act of 1949, as amended (40 U.S.C. 471 et. seq.).
(Pub. L. 86-62, 2, June 23, 1959, 73 Stat. 108.)
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Provisions of that act relating to disposal of
Government property are classified to chapter 10 ( 471 et seq.) of Title
40, Public Buildings, Property, and Works. For complete classification
of this Act to the Code, see Short Title note set out under section 471
of Title 40 and Tables.
16 USC 430a-3. Applicability of laws and regulations to acquired lands
and interests therein
TITLE 16 -- CONSERVATION
Lands and interests therein acquired pursuant to sections 430a-1 to
430a-3 of this title shall thereupon become a part of the Kings Mountain
National Military Park and be subject to all the laws and regulations
applicable thereto.
(Pub. L. 86-62, 3, June 23, 1959, 73 Stat. 108.)
16 USC 430b. Control; regulations for care and management
TITLE 16 -- CONSERVATION
Such park shall be under the control and direction of the Secretary
of the Interior. The Secretary is authorized to prescribe from time to
time such regulations for the care and management of such park as he may
deem necessary.
(Mar. 3, 1931, ch. 437, 3, 46 Stat. 1508; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 430a of this title.
16 USC 430c. Permits to occupy land
TITLE 16 -- CONSERVATION
Upon such terms and conditions as he may prescribe, the Secretary of
the Interior is authorized to permit any person occupying any land
within the boundaries of such park to continue to occupy such land, but
the Secretary may revoke such permit at any time.
(Mar. 3, 1931, ch. 437, 4, 46 Stat. 1508; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 430a of this title.
16 USC 430d. Repair of roads; historical markers
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall open or repair such roads in such
park as may be necessary, and ascertain and mark with tablets or
otherwise, as he may determine, all lines of battle of the American
troops and British troops engaged in the Battle of Kings Mountain and
other historical points of interest pertaining to the battle which are
within the boundaries of the park. The Secretary is authorized to
employ such labor and services and to obtain such supplies and materials
as may be necessary to carry out the provisions of this section.
(Mar. 3, 1931, ch. 437, 5, 46 Stat. 1508; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 430a of this title.
16 USC 430e. Monuments and tablets within park; approval
TITLE 16 -- CONSERVATION
The authorities of any State which had troops engaged in the Battle
of Kings Mountain may enter the Kings Mountain National Military Park
for the purpose of ascertaining and marking the lines of battle of such
troops, but before any such lines are permanently designated the
position of the lines and the proposed methods of marking them by
monuments, tablets, or otherwise shall be approved by the Secretary of
the Interior. Any State organization or individual may, with the
approval of the Secretary of the Interior, erect monuments or place
tablets within such park.
(Mar. 3, 1931, ch. 437, 6, 46 Stat. 1508; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Transfer of administrative functions of park, see note set out under
section 430a of this title.
16 USC 430f. Shiloh National Military Park
TITLE 16 -- CONSERVATION
In order that the armies of the southwest which served in the civil
war, like their comrades of the eastern armies at Gettysburg and those
of the central west at Chickamauga, may have the history of one of their
memorable battles preserved on the ground where they fought, that part
of the battlefield of Shiloh, in the State of Tennessee, title to which
has heretofore been acquired by the United States, and as to which the
usual jurisdiction over the lands and the roads of same has been granted
to the United States by the State of Tennessee, containing 3,000 acres,
more or less, shall be a national military park, and shall be known as
the Shiloh National Military Park. The Secretary of the Interior is
authorized to enter into agreements whereby he may lease, upon such
terms as he may prescribe, with such persons, who were owners or tenants
of the land on December 27, 1894, as may desire to remain upon it to
occupy and cultivate their then holdings upon condition that they will
preserve the then buildings and roads and the then outlines of field and
forest, and that they only will cut trees or underbrush under such
regulations as the Secretary may prescribe, and that they will assist in
caring for and protecting all tablets, monuments, or such other
artificial works as may from time to time be erected by proper
authority. It shall be the duty of the Secretary of the Interior to
cause to be opened or repaired such roads as may be necessary for the
purposes of the park and to cause to be ascertained and marked with
historical tablets or otherwise, as he may determine, all lines of
battle of the troops engaged in the battle of Shiloh and other
historical points of interest pertaining to the battle within the park
or its vicinity, and the Secretary of the Interior shall make and
enforce all needed regulations for the care of the park. It shall be
lawful for any State that had troops engaged in the battle of Shiloh to
enter upon the lands of the Shiloh National Military Park for the
purpose of ascertaining and marking the lines of battle of its troops
therein: Provided, That before any such lines are permanently
designated the position of the lines and the proposed methods of marking
them by monuments, tablets, or otherwise shall be submitted to and
approved by the Secretary of the Interior, and all such lines, designs
and inscriptions for the same shall first receive the written approval
of the Secretary: Provided, That no discrimination shall be made
against any State as to the manner of designating lines, but any grant
made to any State by the Secretary of the Interior may be used by any
other State.
(Dec. 27, 1894, ch. 12, 28 Stat. 597; Ex. Ord. No. 6166, 2, June 10,
1933; Ex. Ord. No. 6228, 1, July 28, 1933; Sept. 6, 1966, Pub. L.
89-554, 8(a), 80 Stat. 637.)
Section is based on sections 1 to 6 of act Dec. 27, 1894. Section 7
of the act, which established fines for offenses against park property,
and section 8, which authorized initial appropriations for the park,
were not classified to the Code.
1966 -- Pub. L. 89-554 struck out provisions which required the
affairs of Shiloh National Military Park to be subject to supervision
and direction of Secretary of the Interior.
Administrative functions of Shiloh National Military Park transferred
to Department of the Interior by Ex. Ord. Nos. 6166 and 6228, set out
as notes under section 901 of Title 5, Government Organization and
Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, by act
Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
Act June 25, 1947, ch. 126, 61 Stat. 173, provided: ''That the
Secretary of the Interior is authorized, in his discretion, and under
such terms and conditions as he may deem necessary, to convey, without
consideration, to W. A. Shaw and E. L. Shaw, or nominees, the
following-described lands within Shiloh National Military Park in Hardin
County in the State of Tennessee: Beginning at a point from which the
intersection of Shiloh National Military Park boundary between boundary
corners numbered 228 and 229 with center line of Confederate Road bears
south eight degrees fifty-seven minutes east, eighty and thirty-seven
one-hundredths feet (said intersection bears north eighty-eight degrees
ten minutes fourteen seconds west, one thousand one hundred and
thirty-one and eighty-nine one-hundredths feet from boundary corner
numbered 228); thence north twenty-nine degrees thirty-one minutes
west, three hundred and twenty-six feet; thence south seventy-six
degrees nineteen minutes east, three hundred and thirty-seven and
fifty-four one-hundredths feet; and thence running sixty feet from and
parallel to center line of Confederate Road south thirty-nine degrees
twenty minutes west, two hundred and sixty-three and forty-six
one-hundredths feet to the point of beginning. The tract as described
contains approximately ninety-two one-hundredths acre.
''Sec. 2. For the purpose of consolidating Federal holdings within
the park, the Secretary of the Interior is authorized, in his discretion
and under such terms and conditions as he may deem necessary, to accept
any non-Federal real or personal property within the authorized
boundaries of the park. In exchange for such properties, he may, in his
discretion, convey to the grantors of such properties any Federally
owned lands or interests in lands within the authorized boundaries of
the park which are of approximately equal value, as determined by the
Secretary, to the properties being acquired in each case.''
16 USC 430f-1. Conveyance of lands
TITLE 16 -- CONSERVATION
In order that existing roads within Shiloh National Military Park may
be devoted primarily to use by park visitors and that traffic hazards
and nonconforming uses may be eliminated from the park by providing a
more suitable road location and related area for the highways designated
State Routes Numbered 22 and 142 which now traverse the central portion
of the park, the Secretary of the Interior is authorized to convey
certain lands within Shiloh National Military Park on the terms and
conditions hereinafter provided.
(Pub. L. 85-406, 1, May 16, 1958, 72 Stat. 114.)
16 USC 430f-2. Conveyance of right-of-way; construction and
maintenance of roadways
TITLE 16 -- CONSERVATION
The Secretary may convey to the State of Tennessee for road purposes
a right-of-way located in Hardin County, Tennessee, as shown on National
Park Service map NMP-SH-7006, revised June 1956, being a minimum of one
hundred and twenty feet and a maximum of one hundred and forty feet in
width, and a length of approximately eighteen thousand and nine hundred
feet, said right-of-way containing approximately fifty-one acres:
Provided, That, in exchange, the State constructs and thereafter
maintains a roadway on said lands and thereupon releases those portions
of the present highways within the park designated State Routes Numbered
22 and 142 from such designation and subsequent use for State highway
purposes.
(Pub. L. 85-406, 2, May 16, 1958, 72 Stat. 114.)
16 USC 430f-3. Conveyance of lands for recreational area; development
and use
TITLE 16 -- CONSERVATION
The Secretary may convey to the State of Tennessee for use as a
recreational area contiguous and incident to the relocated State Route
Numbered 22 certain lands situated in Hardin County, Tennessee, as shown
on National Park Service map NMP-SH-7006, revised June 1956, and
designated thereon as parcel A, said lands containing one hundred and
fifty-one acres, more or less: Provided, That in exchange the lands so
conveyed shall be developed and used exclusively by the State or its
political subdivisions for recreational purposes only, thereby removing
certain incompatible uses from the military park.
(Pub. L. 85-406, 3, May 16, 1958, 72 Stat. 114.)
16 USC 430f-4. Jurisdiction of lands
TITLE 16 -- CONSERVATION
Upon the delivery and acceptance of the conveyance herein authorized,
any jurisdiction heretofore ceded to the United States by the State of
Tennessee over the lands conveyed shall thereby cease and determine and
shall thereafter vest and be in the State of Tennessee.
(Pub. L. 85-406, 4, May 16, 1958, 72 Stat. 115.)
Herein, referred to in text, means Pub. L. 85-406, which is
classified to sections 430f-1 to 430f-4 of this title. For complete
classification of this Act to the Code, see Tables.
16 USC 430g. Gettysburg National Military Park
TITLE 16 -- CONSERVATION
The lands heretofore conveyed by the Gettysburg Battlefield Memorial
Association to the United States, embracing about 800 acres, more or
less, and being a considerable part of the battlefield of Gettysburg,
and such other lands on the battlefield as the United States has
heretofore acquired or shall hereafter acquire by purchase or
condemnation proceedings, shall be designated and known as the
''Gettysburg National Park.'' Nothing contained in this section shall be
deemed and held to prejudice the rights acquired by any State or by any
military organization to the ground on which its monuments or markers
are placed, nor the right-of-way to the same. It shall be the duty of
the Secretary of the Interior to establish and enforce proper
regulations for the custody, preservation, and care of the monuments
erected or which may be hereafter erected within the limits of the said
national military park; and such rules shall provide for convenient
access by visitors to all such monuments within the park, and the ground
included therein, on such days and within such hours as may be
designated and authorized by the Secretary of the Interior. The
Secretary of the Interior may lease the lands of the park at his
discretion either to former owners or other persons for agricultural
purposes, the proceeds to be applied by the Secretary of the Interior,
through the proper disbursing officer, to the maintenance of the park.
(Feb. 11, 1895, ch. 80, 28 Stat. 651; June 4, 1897, ch. 2, 1, 30
Stat. 44; Ex. Ord. No. 6166, 2, June 10, 1933; Ex. Ord. No. 6228, 1,
July 28, 1933; Sept. 6, 1966, Pub. L. 89-554, 8(a), 80 Stat. 637.)
1966 -- Pub. L. 89-554 struck out provisions which required the
affairs of park to be subject to supervision and direction of Secretary
of the Interior.
Administrative functions of Gettysburg National Military Park
transferred to Department of the Interior by Ex. Ord. Nos. 6166 and
6228, set out as notes under section 901 of Title 5, Government
Organization and Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, by act
Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
Pub. L. 100-132, 2, Oct. 16, 1987, 101 Stat. 807, provided that:
''(a) Acquisition of Additional Lands. -- Except as provided in
section 1 of this Act (16 U.S.C. 430g-3), until Congress receives the
study under subsection (b), the Secretary of the Interior may not
acquire by purchase, donation, exchange, or any other means any
additional land for the Gettysburg National Military Park which is not
within the boundaries of the 3,874 acre area depicted on the map dated
July 25, 1974, numbered 305-92,004 and entitled 'Gettysburg National
Military Park'.
''(b) Study by National Park Service. -- The Secretary of the
Interior through the National Park Service shall conduct a boundary
study and shall submit a report to Congress within one year of the date
of enactment of this Act (Oct. 16, 1987), with recommendations with
respect to the final development of the Gettysburg National Military
Park. In conducting the study, the Secretary shall consult with the
people of the community and their elected representatives at all levels
as well as with other interested individuals and groups.''
16 USC 430g-1. Exchange of lands
TITLE 16 -- CONSERVATION
For the purpose of consolidating Federal holdings of land within
Gettysburg National Military Park, Pennsylvania, the Secretary of the
Interior is authorized, in his discretion, to accept, on behalf of the
United States, approximately four acres of non-Federal land within the
park boundaries, such land to be conveyed to the United States without
cost by the Evergreen Cemetery Association, of Gettysburg. Upon
acceptance of title thereto by the United States, such property shall be
subject to all laws and regulations applicable to the park. In exchange
for the conveyance to the United States of the aforesaid property, the
Secretary of the Interior is authorized to convey to the Evergreen
Cemetery Association approximately one and one-quarter acres of
federally owned land within the park, such property constituting a
right-of-way through the Evergreen Cemetery property: Provided, That
the aforesaid exchange shall be consummated only upon condition that the
Secretary is satisfied that such exchange is in the public interest and
that the properties to be exchanged are of approximately equal value.
(Jan. 31, 1948, ch. 41, 62 Stat. 16.)
16 USC 430g-2. Exchange of lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to have competent and
disinterested appraisals made as to the value of not more than
twenty-three acres of land in Gettysburg National Military Park, in the
State of Pennsylvania, such land lying generally between East
Confederate Avenue and Wainwright Avenue, and being situated adjacent to
the present high-school property in that area. Upon the basis of such
appraisals, the Secretary is authorized to convey such property for
public-school purposes to the State of Pennsylvania, or the appropriate
local agency thereof, the conveyance to be made in exchange for
non-Federal land of approximately equal value, which land, upon
acceptance by the United States, shall become a part of Gettysburg
National Military Park.
(July 31, 1953, ch. 290, 67 Stat. 243.)
16 USC 430g-3. Donation of non-Federal lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall accept on behalf of the United
States, the donation of approximately 31 acres of land known as the
''Taney Farm'' for administration as part of the Gettysburg National
Military Park in Pennsylvania if such land is offered to be conveyed to
the United States without cost to the United States by the Gettysburg
Battlefield Preservation Association. Upon acceptance of title thereto
by the United States, such property shall be subject to all laws and
regulations applicable to the park.
(Pub. L. 100-132, 1, Oct. 16, 1987, 101 Stat. 807.)
16 USC 430g-4. Gettysburg National Military Park boundary revision
TITLE 16 -- CONSERVATION
(a) Lands included in park
In furtherance of the purposes of section 430g of this title, the
Gettysburg National Military Park (hereafter in sections 430g-4 to
430g-10 of this title referred to as the ''park'') shall on and after
August 17, 1990, comprise the lands and interests in lands within the
boundary generally depicted as ''Park Boundary'' on the map entitled
''Gettysburg National Military Park Boundary Map'', numbered NPS 305/
80034-B, and dated March 1990, which shall be on file and available for
public inspection in the Office of the Director of the National Park
Service, Department of the Interior.
(b) Lands excluded from park
Lands and interests in lands outside of the boundary so depicted as
''Park Boundary'' on the map referred to in subsection (a) of this
section are hereby excluded from the park and shall be disposed of in
accordance with the provisions of section 430g-5(c) of this title.
(Pub. L. 101-377, 1, Aug. 17, 1990, 104 Stat. 464.)
16 USC 430g-5. Acquisition and disposal of lands
TITLE 16 -- CONSERVATION
(a) General authority
The Secretary is authorized to acquire lands and interests in lands
within the park by donation, purchase with donated or appropriated
funds, exchange, or otherwise. In acquiring lands and interests in
lands under sections 430g-4 to 430g-10 of this title, the Secretary
shall acquire the minimum Federal interests necessary to achieve the
objectives identified for specific areas and the park.
(b) Authority to convey freehold and leasehold interests within park
The Secretary may convey lands and interests in lands within the park
authorized in accordance with subsection (a) of section 460l-22 of this
title, except that, notwithstanding subsection (d) of that section, the
net proceeds from any such conveyance may be used, subject to
appropriations, to acquire lands and interests within the park.
(c) Conveyance of lands excluded from park
(1) The Secretary is authorized, in accordance with applicable
existing law, to exchange Federal lands and interests excluded from the
park pursuant to section 430g-4(b) of this title for the purpose of
acquiring lands within the park boundary.
(2) If any such Federal lands or interests are not exchanged within
five years after August 17, 1990, the Secretary may sell any or all such
lands or interests to the highest bidder, in accordance with such
regulations as the Secretary may prescribe, but any such conveyance
shall be at not less than the fair market value of the land or interest,
as determined by the Secretary.
(3) All Federal lands and interests sold or exchanged pursuant to
this subsection shall be subject to such terms and conditions as will
assure the use of the property in a manner which, in the judgment of the
Secretary, will protect the park and the Gettysburg Battlefield Historic
District (hereafter in sections 430g-5 to 430g-10 of this title referred
to as the ''historic district''). Notwithstanding any other provision
of law, the net proceeds from any such sale or exchange shall be used,
subject to appropriations, to acquire lands and interests within the
park.
(d) Relinquishment of legislative jurisdiction to Pennsylvania
With respect to any lands over which the United States exercises
exclusive or concurrent legislative jurisdiction and which are excluded
from the park pursuant to section 430g-4(b) of this title, the Secretary
may relinquish to the State of Pennsylvania such exclusive or concurrent
legislative jurisdiction by filing with the Governor a notice of
relinquishment to take effect upon acceptance thereof, unless otherwise
provided by the laws of the State.
(Pub. L. 101-377, 2, Aug. 17, 1990, 104 Stat. 464.)
Section 460l-22 of this title, referred to in subsec. (b), was in
the original ''subsection (a) of the Act of July 15, 1968 (16 U.S.C.
460l-22)'' and was translated as reading subsection (a) of section 5 of
the Act of July 15, 1968 (16 U.S.C. 460l-22) to reflect the probable
intent of Congress.
16 USC 430g-6. Agreements with respect to monuments and tablets located
outside park boundary
TITLE 16 -- CONSERVATION
The Secretary is authorized to enter into agreements with the owners
of property in proximity to but outside the boundary of the park on
which historic monuments and tablets commemorating the Battle of
Gettysburg have been erected on or before January 1, 1990. The
Secretary may make funds available, subject to appropriations, for the
maintenance, protection, and interpretation of such monuments and
tablets pursuant to such agreements. In addition, within the area
depicted as the ''Gettysburg Battlefield Historic District'' on the map
referred to in section 430g-4(a) of this title, or in proximity thereto,
the Secretary may, with the consent of the owner, acquire, by donation,
purchase, or exchange, lands and interests comprising such monuments and
tablets together with lands and interests necessary to provide adequate
public access thereto.
(Pub. L. 101-377, 3, Aug. 17, 1990, 104 Stat. 465.)
16 USC 430g-7. Conservation within Gettysburg Battlefield historic
district
TITLE 16 -- CONSERVATION
(a) Encouragement of conservation
The Secretary shall take appropriate action to encourage conservation
of the historic district by landowners, local governments,
organizations, and businesses.
(b) Prioritization of grants
Within the historic district, the Secretary shall give priority in
making grants under section 101(d), and in providing technical
assistance, information, and advice under section 101(h), of the
National Historic Preservation Act (16 U.S.C. 470a(d), (h)) to those
programs and activities in the historic district that will assure
development and use of natural and cultural resources in a manner that
is consistent with the conservation and maintenance of the district's
historic character.
(c) Provision of technical assistance
The Secretary may provide technical assistance to assist local
governments in cooperative efforts which complement the values of the
park and the historic district and to help landowners prepare individual
property plans which meet landowner and conservation objectives in the
historic district.
(d) Reimbursement of planning costs
The Secretary, under such terms and conditions as the Secretary may
prescribe and at the request of any local or county government within
the historic district, shall provide matching reimbursements for up to
50 percent of the planning costs incurred by such government in the
development of comprehensive plans and land use guidelines which are
consistent with conserving the historic character of the historic
district. Reimbursements may only be provided under this subsection to
the extent or in such amounts as are provided in appropriation Acts.
(e) Acceptance of easement donations
The Secretary, upon recommendation from the Director of the National
Park Service, in consultation with the Advisory Commission established
under section 430g-8 of this title, is authorized to accept donations of
conservation easements on land located within the historic district.
(f) Federal consistency
(1) Any Federal or federally assisted activity or undertaking in the
historic district, shall be consistent to the maximum extent possible
with the purposes of the preservation of the historic district,
including its rural, agricultural, and town elements, and shall also
comply with the National Historic Preservation Act (16 U.S.C. 470 et
seq.) and other applicable laws.
(2) The head of any Federal agency (hereafter in this subsection
referred to as the ''agency'') having direct or indirect jurisdiction
over a proposed Federal or federally assisted undertaking in the
historic district, and the head of any Federal agency having authority
to license or permit any undertaking in such area, shall at the earliest
feasible date prepare a detailed analysis of any proposed action and
submit it to the Secretary.
(3) The Secretary shall review the analysis and consult with the
agency. If after such review and consultation, the Secretary finds that
the proposed action is not consistent with the purposes identified in
this subsection, the agency shall not proceed with the action until
after a justification for the action has been submitted to the
appropriate committees of Congress with adequate time allowed for
Congressional comment. Such justification shall include the following
elements: the anticipated effects on the historic and commemorative
character of the historic district, the social and economic necessity
for the proposed action, all possible alternatives to the proposed
action, the comparative benefits of proposed alternative actions, and
the mitigation measures outlined in the proposed action.
(Pub. L. 101-377, 4, Aug. 17, 1990, 104 Stat. 465.)
The National Historic Preservation Act, referred to in subsec. (f)(
1), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, which
is classified generally to subchapter II ( 470 et seq.) of chapter 1A of
this title. For complete classification of this Act to the Code, see
section 470(a) of this title and Tables.
16 USC 430g-8. Advisory Commission
TITLE 16 -- CONSERVATION
(a) Establishment
There is hereby established the Gettysburg National Military Park
Advisory Commission (hereafter in sections 430g-8 to 430g-10 of this
title referred to as the ''Advisory Commission''). The Advisory
Commission shall be composed of eleven members, as follows:
(1) One member representing each of the local governments from the
four townships surrounding the park and the Borough of Gettysburg,
appointed by the Secretary.
(2) One member representing the Adams County, Pennsylvania
government, appointed by the Secretary.
(3) One member representing the State Historic Preservation Office of
the State of Pennsylvania, appointed by the Secretary.
(4) Two members who are residents of Adams County and who are
knowledgeable about the park and its resources, appointed by the
Secretary, one of whom shall own land or interests in land within the
park boundary.
(5) One member with expertise in local historic preservation,
appointed by the Secretary.
(6) The Director of the National Park Service or his designee, ex
officio.
Members shall be appointed for staggered terms of three years, as
designated by the Secretary at the time of the initial appointments.
Any member of the Advisory Commission appointed for a definite term may
serve after the expiration of his term until his successor is appointed.
The Advisory Commission shall designate one of its members as
Chairperson. Six members of the Advisory Commission shall constitute a
quorum.
(b) Management and development issues
The Secretary, or his designee, shall from time to time, but at least
semiannually, meet and consult with the Advisory Commission to
coordinate the management of the park and the historic district with
local jurisdictions.
(c) Meetings
The Advisory Commission shall meet on a regular basis. Notice of
meetings and agenda shall be published in local newspapers which have a
distribution which generally covers the area affected by the park.
Advisory Commission meetings shall be held at locations and in such a
manner as to ensure adequate public involvement.
(d) Expenses
Members of the Advisory Commission shall serve without compensation
as such, but the Secretary may pay expenses reasonably incurred in
carrying out their responsibilities under sections 430g-4 to 430g-10 of
this title on vouchers signed by the Chairperson.
(e) Charter
The provisions of section 14 of the Federal Advisory Committee Act (5
U.S.C. App.) are hereby waived with respect to this Advisory Commission.
(Pub. L. 101-377, 5, Aug. 17, 1990, 104 Stat. 466.)
Section 14 of the Federal Advisory Committee Act, referred to in
subsec. (e), is section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
770, as amended, which is set out in the Appendix to Title 5, Government
Organization and Employees.
16 USC 430g-9. Interpretation
TITLE 16 -- CONSERVATION
In administering the park, the Secretary shall take such action as is
necessary and appropriate to interpret, for the benefit of visitors to
the park and the general public, the Battle of Gettysburg in the larger
context of the Civil War and American history, including the causes and
consequences of the Civil War and including the effects of the war on
all the American people.
(Pub. L. 101-377, 6, Aug. 17, 1990, 104 Stat. 467.)
16 USC 430g-10. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums as may be necessary
to carry out the purposes of sections 430g-4 to 430g-10 of this title.
(Pub. L. 101-377, 7, Aug. 17, 1990, 104 Stat. 467.)
16 USC 430h. Vicksburg National Military Park
TITLE 16 -- CONSERVATION
In order to commemorate the campaign, siege, and defense of
Vicksburg, and to preserve the history of the battles and operations of
the siege and defense on the ground where they were fought and carried
on, the battlefield of Vicksburg, in the State of Mississippi, insofar
as title to the same has been acquired by the United States and as the
usual jurisdiction over the lands and roads of the same has heretofore
been granted to the United States by the State of Mississippi, shall be
a National Military Park. The Secretary of the Interior is authorized
to enter into agreements of leasing upon such terms as he may prescribe
with such persons, who were on February 21, 1899, occupants or tenants
of the lands, as may desire to remain upon them to occupy and cultivate
their holdings, upon condition that they will preserve the then
buildings and roads and the then outlines of field and forest, and that
they will only cut trees and underbrush under such regulations as the
Secretary of the Interior may prescribe, and that they will assist in
caring for and protecting all tablets, monuments, or such other
historical works as may from time to time be erected by proper
authority: Provided, That the United States shall at all times have and
retain their right, power, and authority to take possession of any and
all parts and portions of said premises, and to remove and expel
therefrom any such occupant, tenant, or other person or persons found
thereon whenever the Secretary of the Interior shall deem it proper or
necessary; and such right, power, and authority shall be reserved in
express terms in all leases and agreements giving or granting such
occupant or tenant the right to remain in possession as herein
contemplated; and thereupon said occupant or tenant or other persons
who may be required to vacate said premises shall each and all of them
at once surrender and deliver up the possession thereof. It shall be
the duty of the Secretary of the Interior to cause to be restored the
forts and lines of fortification, the parallels and the approaches of
the two armies, or so much thereof as may be necessary to the purposes
of this Park; to open and construct and repair such roads as may be
necessary to said purposes, and to ascertain and to mark with historical
tablets, or otherwise, the lines of battle of the troops engaged in the
assaults, and the lines held by the troops during the siege and defense
of Vicksburg, the headquarters of General Grant and of General
Pemberton, and other historical points of interest pertaining to the
siege and defense of Vicksburg within the Park or its vicinity; and the
Secretary of the Interior shall have authority to do all things
necessary to the purposes of the park, and he shall make and enforce all
needful regulations for the care of the Park. It shall be lawful for
any State that had troops engaged in the siege and defense of Vicksburg
to enter upon the lands of the Vicksburg National Military Park for the
purpose of ascertaining and marking the lines of battle of its troops
engaged therein: Provided, That before any such lines are permanently
designated the position of the lines and the proposed methods of marking
them by monuments, tablets, or otherwise shall be submitted to and
approved by the Secretary of the Interior, and all such lines, designs,
and inscriptions for the same shall first receive the written approval
of the Secretary of the Interior; and no monument, tablet, or other
designating indication shall be erected or placed within said park or
vicinity without such written authority of the Secretary of the
Interior: Provided, That no discrimination shall be made against any
State as to the manner of designating lines, but any grant made to any
State by the Secretary of the Interior may be used by any other State.
The provisions of this section shall also apply to organizations and
persons; and as the Vicksburg National Cemetery is on ground partly
occupied by Federal lines during the siege of Vicksburg, the provisions
of this section, as far as may be practicable, shall apply to monuments
or tablets designating such lines within the limits of that cemetery.
If any person shall, except by permission of the Secretary of the
Interior, destroy, mutilate, deface, injure, or remove any monument,
column, statute, memorial structure, tablet, or work of art that shall
be erected or placed upon the grounds of the park by lawful authority,
or shall destroy or remove any fence, railing, inclosure or other work
intended for the protection or ornamentation of said park, or any
portion thereof, or shall destroy, cut, hack, bark, break down, or
otherwise injure any tree, bush, or shrub that may be growing upon said
park, or shall cut down or fell or remove any timber, battle relic,
tree, or trees growing or being upon said park, or hunt within the
limits of the park, or shall remove or destroy any breastworks,
earthworks, walls, or other defenses or shelter or any part thereof
constructed by the armies formerly engaged in the battles, on the lands
or approaches to the park, any person so offending and found guilty
thereof before any United States magistrate judge or court, justice of
the peace of the county in which the offense may be committed, or any
court of competent jurisdiction, shall for each and every such offense
forfeit and pay a fine in the discretion of the said magistrate judge or
court of the United States or justice of the peace, according to the
aggravation of the offense, of not less than five nor more than five
hundred dollars, one half for the use of the park and the other half to
the informant, to be enforced and recovered before such United States
magistrate judge or court or justice of the peace or other court in like
manner as debts of like nature were, on February 21, 1899, by law
recoverable in the several counties where the offense may be committed.
(Feb. 21, 1899, ch. 176, 30 Stat. 841; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933; Sept. 6, 1966, Pub. L.
89-554, 8(a), 80 Stat. 638; Oct. 17, 1968, Pub. L. 90-578, title IV,
402(b)(2), 82 Stat. 1118; Dec. 1, 1990, Pub. L. 101-650, title III,
321, 104 Stat. 5117.)
1966 -- Pub. L. 89-554 struck out provisions relating to appointment
and pay of three commissioners to supervise Vicksburg National Military
Park, and of a secretary.
''United States magistrate judge'' and ''magistrate judge''
substituted for ''United States magistrate'' and ''magistrate'',
respectively, wherever appearing in text pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure. Previously, ''magistrate'' substituted for
''commissioner'' pursuant to Pub. L. 90-578. See chapter 43 ( 631 et
seq.) of Title 28.
Administrative functions of Vicksburg National Military Park
transferred to Department of the Interior by Ex. Ord. Nos. 6166 and
6228, set out as notes under section 901 of Title 5, Government
Organization and Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, by act
Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
16 USC 430h-1. Donations of land and property
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized, in his discretion, to
accept, in behalf of the United States, donations of lands, buildings,
structures, and other property, or interests therein, within a distance
of one mile of the present boundaries of the Vicksburg National Military
Park, which he may determine to be of historical interest in connection
with said park, the title to such property or interests therein to be
satisfactory to the Secretary of the Interior.
All such property or interests therein, upon acceptance thereof,
shall become a part of the Vicksburg National Military Park and shall be
subject to all laws and regulations applicable thereto.
(Oct. 9, 1940, ch. 790, 54 Stat. 1061.)
16 USC 430h-2. Exchange of certain lands authorized
TITLE 16 -- CONSERVATION
In order to further the consolidation of land comprising Vicksburg
National Military Park, the Secretary of the Interior is authorized,
upon such terms and conditions as he may deem necessary, to transfer to
the city of Vicksburg, Mississippi, for school purposes, a tract of park
land containing three and one-tenth acres, more or less, now under
revocable permit to said city, acting through its board of education,
and to transfer to the Mississippi State Highway Commission a tract of
park land containing one and thirty-two hundredths acres, more or less,
now under revocable permit to said commission for use as a site for a
weighing station: Provided, That, from among the land designated as
tracts 199, 201, 202, 203, 204, 205, 206, and 216 on map Numbered
NMP-VIC-7007, said city and highway commission shall transfer in
exchange to the United States, for addition to Vicksburg National
Military Park, such land or interests therein as may be mutually agreed
upon and which are approximately equal in value to the properties being
acquired in each case.
(Pub. L. 85-667, Aug. 14, 1958, 72 Stat. 617.)
16 USC 430h-3. Consolidation of lands and installation of park tour
road
TITLE 16 -- CONSERVATION
In order to preserve and protect the essential historical features of
Vicksburg National Military Park in the State of Mississippi and to
enhance visitor enjoyment and safety by means of a park tour road and
through the consolidation of park lands, the Secretary of the Interior
is authorized, in his discretion, and under such terms and conditions as
he determines are in the public interest --
(a) Disposition of lands and roads; incorporation into municipal
road system; reversion on failure of conditions; reservation of title
to monuments and easements
to quitclaim to the city of Vicksburg, Mississippi, approximately one
hundred and fifty-four acres of land, including the roads thereon and
the park land abutting said roads, in exchange for the city's agreeing
to place the roads in its road system and thereby assume jurisdiction
and maintenance thereof, and upon the further agreement of the city to
maintain the parklike character of so much of the parkland conveyed to
it and abutting the road as the Secretary may prescribe, said land being
generally that part of Vicksburg National Military Park lying south of
Fort Garrott with the exception of Navy Circle, South Fort, and
Louisiana Circle: Provided, That title to so much of said abutting park
land prescribed by the Secretary and covered by said agreement of the
city to maintain the parklike character thereof shall revert to the
United States if its parklike character is not maintained; to quitclaim
to Warren County, Mississippi, upon like terms and conditions
approximately twenty-four acres of land, including the road and abutting
park land, being known as Sherman Avenue and the Sherman Avenue spur;
to release or quitclaim to Warren County or any other appropriate
political subdivision of the State all interest which the United States
of America has, if any, in those portions of any public road located on
park land which are no longer required for park purposes: Provided,
That the United States shall reserve from the conveyance or conveyances
made pursuant to this subsection title to all historical monuments,
means of access thereto, and such other easements as the Secretary
determines are required for the continued administration of said
monuments as a part of Vicksburg National Military Park; and
(b) Acquisition of lands: purchases, condemnations and donations
to acquire not in excess of five hundred and forty-four acres of
land, or interests in land, for addition to Vicksburg National Military
Park, such authority to include purchase and condemnation with
appropriated funds but not to constitute a limitation upon existing
authority to accept donations; and
(c) Municipal agreements of park tour road's effect upon local road
systems; Federal obligations for local roads directly attributable to
installation of park tour road
to enter into agreements with duly authorized officials of the City
of Vicksburg and Warren County relative to the effect which the
installation of a one-way park tour road with controlled access will
have upon the existing local road systems; subject to the availability
of funds, to obligate the United States to make provisions for such
alterations, relocations and construction of local roads, including
procurement of rights-of-way therefor and the subsequent transfer
thereof to the State or its appropriate political subdivisions which
shall thereupon assume jurisdiction and maintenance, as the Secretary
and said officials agree are directly attributable to the installation
of the park tour road; and to transfer to the city or county
jurisdiction and maintenance of service roads which the Secretary
constructs on park lands to properties that otherwise would be denied
access because of the installation of the park tour road.
The Secretary of the Interior shall not, without first obtaining the
consent of the city and county officials referred to in subsection (c),
convert the portion of the existing road known as Confederate Avenue
lying between Graveyard Road and Fort Garrott into a one-way park tour
road with controlled access, or otherwise limit the use of such portion
by local traffic, until the United States has provided for such
alterations, relocations, and construction of local roads (including
procurement of rights-of-way) as the Secretary and said officials agree
are directly attributable to the installation of such park tour road.
(Pub. L. 88-37, 1, June 4, 1963, 77 Stat. 55.)
16 USC 430h-4. Jurisdiction over lands and roads
TITLE 16 -- CONSERVATION
Upon the delivery and acceptance of the conveyances herein
authorized, any jurisdiction heretofore ceded to the United States by
the State of Mississippi over the lands and roads transferred shall
thereby cease and thereafter rest in the State of Mississippi.
(Pub. L. 88-37, 2, June 4, 1963, 77 Stat. 56.)
16 USC 430h-5. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums, but not
more than $3,850,000, as are required for acquisition of lands and
interests in lands and for construction and relocation of roads pursuant
to sections 430h-3 to 430h-5 of this title.
(Pub. L. 88-37, 3, June 4, 1963, 77 Stat. 56; Pub. L. 94-578, title
II, 201(8), Oct. 21, 1976, 90 Stat. 2733.)
1976 -- Pub. L. 94-578 substituted ''$3,850,000'' for
''$2,050,000''.
16 USC 430h-6. Addition of lands to Vicksburg National Military Park
TITLE 16 -- CONSERVATION
(a) Grant's Canal, Louisiana
The Secretary of the Interior (hereinafter in sections 430h-6 to
430h-9 of this title referred to as the ''Secretary'') is authorized to
acquire by donation, exchange, or purchase with donated or appropriated
funds, approximately two and five-tenths acres of land in Madison
Parish, Louisiana, known generally as the Grant's Canal property.
(b) Warren County, Mississippi
(1) The Secretary is authorized to acquire by donation approximately
two and eighty-two one-hundredths acres of land adjacent to the entrance
of Vicksburg National Military Park owned by Warren County, Mississippi.
(2) The Secretary may contribute, in cash or services, to the
relocation and construction of a maintenance facility to replace the
facility located on the land to be donated, all in accordance with an
agreement between the Secretary and the Board of Supervisors.
(3) The Secretary is authorized to restore and landscape the property
acquired pursuant to this subsection.
(c) Boundary revision
Upon acquisition of the properties referred to in subsections (a) and
(b) of this section, the Secretary shall, after the publication of
notice in the Federal Register, revise the boundary of Vicksburg
National Military Park (hereinafter in sections 430h-6 to 430h-9 of this
title referred to as the ''park'') to reflect the inclusion of such
properties within the park.
(Pub. L. 101-442, title I, 101, Oct. 18, 1990, 104 Stat. 1019.)
16 USC 430h-7. Exclusion of lands from park
TITLE 16 -- CONSERVATION
(a) Exclusion of certain lands
The park boundary is hereby revised to exclude those lands depicted
as ''Proposed Deletions'' on the map entitled ''Vicksburg National
Military Park'' numbered 306-80,007 and dated May 1990, which map shall
be on file and available for public inspection in the Office of the
National Park Service, Department of the Interior. Exclusive
jurisdiction over the lands excluded from the park is hereby retroceded
to the State of Mississippi.
(b) Transfer to adjacent owners
(1) For a period ending four years after October 18, 1990, and
subject to the provisions of paragraph (2), the Secretary is authorized
to convey title to all or part of the lands referred to in subsection
(a) of this section to an owner of property adjacent to such lands, upon
the application of such owner.
(2) No property shall be conveyed unless the application referred to
in paragraph (1) is accompanied by a payment in an amount equal to --
(A) the fair market value of the land to be conveyed; and
(B) the administrative costs of such transfer incurred by the
Secretary, including the costs of surveys, appraisals, and filing and
recording fees.
(c) Excess property
Any lands not conveyed pursuant to subsection (b) of this section
shall be reported to the Administrator of General Services as excess to
the needs of the Department of the Interior and shall be subject to
transfer or disposition in accordance with the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.).
(Pub. L. 101-442, title I, 102, Oct. 18, 1990, 104 Stat. 1019.)
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (c), is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Provisions of that Act relating to disposal of
Government property are classified to chapter 10 ( 471 et seq.) of Title
40, Public Buildings, Property, and Works. For complete classification
of this Act to the Code, see Short Title note set out under section 471
of Title 40 and Tables.
16 USC 430h-8. Park interpretation
TITLE 16 -- CONSERVATION
In administering Vicksburg National Military Park, the Secretary
shall interpret the campaign and seige of Vicksburg from April 1862 to
July 4, 1863, and the history of Vicksburg under Union occupation during
the Civil War and Reconstruction.
(Pub. L. 101-442, title I, 103, Oct. 18, 1990, 104 Stat. 1020.)
16 USC 430h-9. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of sections 430h-6 to 430h-9 of this
title.
(Pub. L. 101-442, title I, 104, Oct. 18, 1990, 104 Stat. 1020.)
16 USC 430i. Guilford Courthouse National Military Park
TITLE 16 -- CONSERVATION
In order to preserve for historical and professional military study
one of the most memorable battles of the Revolutionary War, the
Battlefield of Guilford Courthouse, in the State of North Carolina,
containing in the aggregate 125 acres, more or less, together with all
privileges and appurtenances thereunto belonging, title to which has
heretofore been acquired by the United States, shall be a national
military park and shall be known as the Guilford Courthouse National
Military Park. The Secretary of the Interior is authorized and directed
to acquire at such times and in such manner such additional lands
adjacent to the Guilford Courthouse National Military Park as may be
necessary for the purposes of the park and for its improvement. It shall
be the duty of the Secretary of the Interior, to open or repair such
roads as may be necessary to the purposes of the park, and to ascertain
and mark with historical tablets or otherwise, as the Secretary of the
Interior may determine, all lines of battle of the troops engaged in the
Battle of Guilford Courthouse and other historical points of interest
pertaining to the battle within the park or its vicinity; and the
Secretary of the Interior shall make and enforce all needed regulations
for the care of the park. It shall be lawful for any State that had
troops engaged in the battle of Guilford Courthouse to enter upon the
lands of the Guilford Courthouse National Military Park for the purpose
of ascertaining and marking the lines of battle of its troops engaged
therein: Provided, That before any such lines are permanently
designated the position of the lines and the proposed methods of marking
them, by monuments, tablets, or otherwise, shall be submitted to and
approved by the Secretary of the Interior; and all such lines, designs,
and inscriptions for the same shall first receive the written approval
of the Secretary of the Interior. If any person shall, except by
permission of the Secretary of the Interior, destroy, mutilate, deface,
injure, or remove any monument, column, statues, memorial structures, or
work of art that shall be erected or placed upon the grounds of the park
by lawful authority, or shall destroy or remove any fence, railing,
inclosure, or other work for the protection or ornamentation of said
park, or any portion thereof, or shall destroy, cut, hack, bark, break
down, or otherwise injure any tree, brush, or shrubbery that may be
growing upon said park, or shall cut down or fell or remove any timber,
battle relic, tree, or trees growing or being upon said park, or hunt
within the limits of the park, any person so offending and found guilty
thereof before any justice of the peace of the county of Guilford, State
of North Carolina, shall, for each and every such offense, forfeit and
pay a fine, in the discretion of the justice, according to the
aggravation of the offense, of not less than $5 nor more than $50,
one-half for the use of the park and the other half to the informer, to
be enforced and recovered before such justice in like manner as debts of
like nature were on March 2, 1917, by law recoverable in the said county
of Guilford, State of North Carolina.
(Mar. 2, 1917, ch. 152, 39 Stat. 996; Ex. Ord. No. 6166, 2, June 10,
1933; Ex. Ord. No. 6228, 1, July 28, 1933; Sept. 6, 1966, Pub. L.
89-554, 8(a), 80 Stat. 643.)
1966 -- Pub. L. 89-554 struck out provisions which required the
affairs of park, subject to supervision and direction of Secretary of
the Interior, to be in charge of three commissioners.
Administrative functions of Guilford Courthouse National Military
Park transferred to Department of the Interior by Ex. Ord. Nos. 6166
and 6228, set out as notes under section 901 of Title 5, Government
Organization and Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, by Act
Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
Act Oct. 9, 1942, ch. 583, 56 Stat. 778, provided: ''That the
Guilford Courthouse National Military Park Commission, established
pursuant to the Act of March 2, 1917 (39 Stat. 996; 16 U.S.C. 430i), is
abolished effective at the expiration, on October 13, 1941, of the
current appointment of the resident commissioner.''
16 USC 430j. Monocacy National Battlefield; establishment
TITLE 16 -- CONSERVATION
That in order to commemorate the Battle of Monocacy, Maryland, and to
preserve for historical purposes the breastworks, earthworks, walls, or
other defenses or shelters used by the armies therein, the battlefield
at Monocacy in the State of Maryland is hereby established as the
Monocacy National Battlefield. The battlefield shall comprise the area
within the boundary generally depicted on the map entitled ''Monocacy
National Battlefield,'' numbered 894/40,001A, and dated April 1980,
which shall be on file and available for public inspection in the Office
of the National Park Service, Department of the Interior.
(June 21, 1934, ch. 694, 1, 48 Stat. 1198; Oct. 21, 1976, Pub. L.
94-578, title III, 319(1), 90 Stat. 2738; Dec. 28, 1980, Pub. L.
96-607, title XIV, 140(a), 94 Stat. 3546.)
1980 -- Pub. L. 96-607 substituted provision directing that the
battlefield be comprised of the area within the boundary generally
depicted on the map entitled Monocacy National Battlefield, numbered
894/40,001A, dated April 1980, which map is to be on file and available
for public inspection for provision directing that the battlefield be
comprised of the area generally depicted on the drawing entitled
Boundary, Monocacy National Battlefield, numbered 894-40,000, dated May
1976.
1976 -- Pub. L. 94-578 substituted ''is declared a national
battlefield to be known as the 'Monocacy National Battlefield'
(hereinafter referred to as 'the battlefield'). The battlefield shall
comprise the area generally depicted on the drawing entitled 'Boundary,
Monocacy National Battlefield', numbered 894-40,000 and dated May 1976''
for ''is declared a national military park to be known as the 'Monocacy
National Military Park', whenever the title to the lands deemed
necessary by the Secretary of the Interior shall have been acquired by
the United States and the usual jurisdiction over the lands and roads of
the same shall have been granted to the United States by the State of
Maryland''.
16 USC 430k. Condemnation proceedings; purchase without condemnation;
acceptance of donations of land
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to cause condemnation
proceedings to be instituted in the name of the United States under the
provisions of sections 257 and 258 of title 40, to acquire title to the
lands, interests therein, or rights pertaining thereto within the said
battlefield, and the United States shall be entitled to immediate
possession upon the filing of the petition in condemnation in the United
States District Court for the District of Maryland: Provided, That when
the owner of such lands, interests therein, or rights pertaining thereto
shall fix a price for the same, which, in the opinion of the Secretary
of the Interior, shall be reasonable, the Secretary may purchase the
same without further delay: Provided further, That the Secretary of the
Interior is authorized to accept, on behalf of the United States,
donations of lands, interests therein, or rights pertaining thereto
required for the battlefield: And provided further, That title and
evidence of title to lands and interests therein acquired for said
battlefield shall be satisfactory to the Secretary of the Interior.
(June 21, 1934, ch. 694, 2, 48 Stat. 1199; Oct. 21, 1976, Pub. L.
94-578, title III, 319(2), 90 Stat. 2738.)
Section 258 of title 40, referred to in text, was omitted from the
Code as superseded by rule 71A of the Federal Rules of Civil Procedure,
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
1976 -- Pub. L. 94-578 substituted ''battlefield'' for ''Monocacy
National Military Park'' wherever appearing.
''Battlefield'' substituted in text for ''park'' in view of
redesignation of Monocacy National Military Park as Monocacy National
Battlefield by Pub. L. 94-578, 319(1), set out as section 430j of this
title.
16 USC 430l. Leases with preceding owners of acquired lands;
conditions
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to lease to the
immediately preceding owner or owners any lands acquired pursuant to an
agreement that such lessee or lessees will occupy such lands in a manner
consistent with the purposes of sections 430j to 430m and 430o to 430s
of this title and that they will preserve the present breastworks,
earthworks, walls, defenses, shelters, buildings, and roads, and the
present outlines of the battlefields, and that they will only cut trees
or underbrush or disturb or remove the soil, under such regulations as
the Secretary of the Interior may prescribe, and that they will assist
in protecting all tablets, monuments, or such other artificial works as
may from time to time be erected by proper authority.
(June 21, 1934, ch. 694, 3, 48 Stat. 1199; Oct. 21, 1976, Pub. L.
94-578, title III, 319(3), 90 Stat. 2738.)
1976 -- Pub. L. 94-578 substituted ''lease to the immediately
preceding owner or owners any lands acquired pursuant to an agreement
that such lessee or lessees will occupy such lands in a manner
consistent with the purposes of sections 430j to 430m and 430o to 430s
of this title and'' for ''enter into leases with the owners of such of
the lands, works, defenses, and buildings thereon within the Monocacy
National Military Park, as in his discretion it is unnecessary to
forthwith acquire title to, and such leases shall be on such terms and
conditions as the Secretary of the Interior may prescribe, and may
contain options to purchase, subject to later acceptance, if, in the
judgment of the Secretary of the Interior, it is as economical to
purchase as condemn title to the property: Provided, That the Secretary
of the Interior may enter into agreements upon such nominal terms as he
may prescribe, permitting the present owners or their tenants to occupy
or cultivate their present holdings, upon condition''.
16 USC 430m. Administration
TITLE 16 -- CONSERVATION
The administration, development, preservation, and maintenance of the
battlefield shall be exercised by the Secretary of the Interior in
accordance with sections 1 and 2 to 4 of this title, as amended and
supplemented, and sections 461 to 467 of this title.
(June 21, 1934, ch. 694, 4, 48 Stat. 1199; Oct. 21, 1976, Pub. L.
94-578, title III, 319(4), 90 Stat. 2738.)
1976 -- Pub. L. 94-578 substituted ''The administration,
development, preservation, and maintenance of the battlefield shall be
exercised by the Secretary of the Interior in accordance with sections 1
and 2 to 4 of this title, as amended and supplemented, and sections 461
to 467 of this title'' for ''The affairs of the Monocacy National
Military Park shall, subject to the supervision and direction of the
National Park Service of the Interior Department, be in charge of a
superintendent, to be appointed by the Secretary of the Interior''.
16 USC 430n. Repealed. Pub. L. 94-578, title III, 319(5), Oct. 21,
1976, 90 Stat. 2738
TITLE 16 -- CONSERVATION
Section, act June 21, 1934, ch. 694, 5, 48 Stat. 1199, provided for
opening and repair of necessary roads in battlefield and erection of
historical tablets.
16 USC 430o. Gifts and donations; acceptance by Secretary
TITLE 16 -- CONSERVATION
The Secretary of the Interior, is authorized to receive gifts and
contributions from States, Territories, societies, organizations, and
individuals for the battlefield for carrying out the provisions of
sections 430j to 430m and 430o to 430j to 430s of this title.
(June 21, 1934, ch. 694, 6, 48 Stat. 1199; Oct. 21, 1976, Pub. L.
94-578, title III, 319(6), 90 Stat. 2738.)
1976 -- Pub. L. 94-578 substituted ''The Secretary of the Interior
is authorized to receive gifts and contributions from States,
Territories, societies, organizations, and individuals for the
battlefield'' for ''The National Park Service, acting through the
Secretary of the Interior, is authorized to receive gifts and
contributions from States, Territories, societies, organizations, and
individuals for the Monocacy National Military Park: Provided, That all
contributions of money received shall be deposited in the Treasury of
the United States and credited to a fund to be designated 'Monocacy
National Military Park fund', which fund shall be applied to and
expended under the direction of the Secretary of the Interior,''.
16 USC 430p. Right of States to enter and mark battle lines
TITLE 16 -- CONSERVATION
It shall be lawful for the authorities of any State having had troops
at the Battle of Monocacy to enter upon the lands and approaches of the
battlefield for the purpose of ascertaining and marking the line of
battle of troops engaged therein: Provided, That before any such lines
are permanently designated the position of the lines and the proposed
methods of marking them by monuments, tablets, or otherwise, including
the design and inscription for the same, shall be submitted to the
Secretary of the Interior and shall first receive written approval of
the Secretary: Provided further, That no discrimination shall be made
against any State as to the manner of designating lines, but any grant
made to any State by the Secretary of the Interior may be used by any
other State.
(June 21, 1934, ch. 694, 7, 48 Stat. 1200; Oct. 21, 1976, Pub. L.
94-578, title III, 319(7), 90 Stat. 2738.)
1976 -- Pub. L. 94-578 substituted ''battlefield'' for ''Monocacy
National Military Park'' and '': Provided further,'' for '', which
approval shall be based upon formal written reports to be made to him in
each case by the National Park Service: Provided,''.
16 USC 430q. Offenses
TITLE 16 -- CONSERVATION
If any person shall, except by permission of the Secretary of the
Interior, destroy, mutilate, deface, injure, or remove any monument,
column, statue, memorial structure, or work of art that shall be erected
or placed upon the grounds of the park by lawful authority, or shall
destroy or remove any fence, railing, enclosure, or other work for the
protection or ornament of said park, or any portion thereof, or shall
destroy, cut, hack, bark, break down, or otherwise injure any tree,
bush, or shrubbery that may be growing upon said park, or shall cut down
or fell or remove any timber, battle relic, tree or trees growing or
being upon said park, or hunt within the limits of the park, or shall
remove or destroy any breastworks, earthworks, walls, or other defenses
or shelter or any part thereof constructed by the armies formerly
engaged in the battles on the lands or approaches to the park, any
person so offending and found guilty thereof, before any United States
magistrate judge or court, of the jurisdiction in which the offense may
be committed, shall for each and every such offense forfeit and pay a
fine, in the discretion of the United States magistrate judge or court,
according to the aggravation of the offense.
(June 21, 1934, ch. 694, 8, 48 Stat. 1200; Oct. 17, 1968, Pub. L.
90-578, title IV, 402(b)(2), 82 Stat. 1118; Oct. 21, 1976, Pub. L.
94-578, title III, 319(8), 90 Stat. 2739; Dec. 1, 1990, Pub. L.
101-650, title III, 321, 104 Stat. 5117.)
1976 -- Pub. L. 94-578 struck out provisions which limited fines to
not less than $5 nor more than $500.
''United States magistrate judge'' substituted for ''United States
magistrate'' wherever appearing in text pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure. Previously, ''United States magistrate''
substituted for ''United States commissioner'' pursuant to Pub. L.
90-578. See chapter 43 ( 631 et seq.) of Title 28.
16 USC 430r. Rules and regulations
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall have the power to make all
needful rules and regulations for the care of the park, and for the
establishment and marking of lines of battle and other historical
features of the park.
(June 21, 1934, ch. 694, 9, 48 Stat. 1200.)
16 USC 430s. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary, but not more than $3,525,000 for the acquisition of lands and
interests in lands, and not to exceed $500,000 for the development of
essential public facilities. Within three years from October 21, 1976,
the Secretary shall develop and transmit to the Committees on Interior
and Insular Affairs of the United States Congress a final master plan
for the full development of the battlefield consistent with the
preservation objectives of sections 430j to 430m and 430o to 430s of
this title, indicating:
(1) the facilities needed to accommodate the health, safety, and
interpretive needs of the visiting public;
(2) the location and estimated cost of all facilities; and
(3) the projected need for any additional facilities within the
battlefield.
No funds authorized to be appropriated pursuant to this section shall
be available prior to October 1, 1977.
(June 21, 1934, ch. 694, 10, 48 Stat. 1200; Oct. 21, 1976, Pub. L.
94-578, title III, 319(9), 90 Stat. 2739.)
1976 -- Pub. L. 94-578 substituting provisions authorizing
appropriations of not more than $3,525,000 for the acquisition of lands
and interests in lands, and not to exceed $500,000 for development of
essential public facilities for provisions which authorized
appropriation of $50,000 to carry out sections 430j to 430m and 430o to
430s of this title and inserted provisions for development and
transmittal within three years from Oct. 21, 1976, of a final master
plan for full development of the battlefield.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
Pub. L. 102-202, 1, Dec. 10, 1991, 105 Stat. 1634, provided that:
''There are authorized to be appropriated up to $20,000,000 for
acqusition (sic) of lands and interests in lands for purposes of the
Monocacy National Battlefield, Maryland; such sums shall be in addition
to other funds available for such purposes.''
16 USC 430t. Kennesaw Mountain National Battlefield Park;
establishment
TITLE 16 -- CONSERVATION
When title to all the lands, structures, and other property within
the military battlefield area and other areas of Civil War interest at
and in the vicinity of Kennesaw Mountain in the State of Georgia, as
shall be designated by the Secretary of the Interior, in the exercise of
his discretion, as necessary or desirable for national battlefield park
purposes, shall have been vested in the United States, such areas shall
be, and they are, established, dedicated, and set apart as a public park
for the benefit and inspiration of the people and shall be known as the
''Kennesaw Mountain National Battlefield Park.''
(June 26, 1935, ch. 315, 1, 49 Stat. 423.)
16 USC 430u. Donations of land; purchase and condemnation
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept donations of
land, interests in land, buildings, structures, and other property
within the boundaries of said national battlefield park as determined
and fixed hereunder, the title and evidence of title to lands purchased
to be satisfactory to the Secretary of the Interior: Provided, That
under such funds available therefor he may acquire on behalf of the
United States by purchase when purchasable at prices deemed by him
reasonable, otherwise by condemnation under the provisions of sections
257 and 258 of title 40, such tracts of land within the said national
battlefield park as may be necessary for the completion thereof.
(June 26, 1935, ch. 315, 2, 49 Stat. 423.)
Section 258 of title 40, referred to in text, was omitted from the
Code as superseded by rule 71A of the Federal Rules of Civil Procedure,
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
16 USC 430v. Monuments and memorials; regulations; historical markers
TITLE 16 -- CONSERVATION
Upon creation of the national battlefield park the Secretary of the
Interior shall --
(a) Allow monuments and memorials to be erected in the park by and to
the various organizations and individuals of either the Union or
Confederate Armies, subject to the written approval of said Secretary as
to the location and character of such monuments and memorials.
(b) Make such regulations as are necessary from time to time for the
care and protection of the park. Any person violating such regulations
shall be guilty of an offense punishable by a fine of not more than
$500, or imprisonment not exceeding six months, or both.
(c) Provide for the ascertainment and marking of the route of march
of the Union and Confederate Armies from Chattanooga, Tennessee, through
Georgia, and of principal battle lines, breastworks, fortifications, and
other historical features along such route, and for the maintenance of
such markers to such extent as deemed advisable and practicable.
(June 26, 1935, ch. 315, 3, 49 Stat. 423.)
16 USC 430w. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the aforesaid
national battlefield park shall be exercised under the direction of the
Secretary of the Interior by the National Park Service subject to the
provisions of sections 1 and 2 to 4 of this title, as amended.
(June 26, 1935, ch. 315, 4, 49 Stat. 424.)
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.
16 USC 430x. Authorization of appropriations; authorization to expand
boundaries
TITLE 16 -- CONSERVATION
The sum of $100,000 is authorized to be appropriated out of any sums
in the Treasury not otherwise appropriated for the purposes herein
designated: Provided, That if, after the expenditure of the funds
herein authorized, the Secretary of the Interior shall determine that
the acquisition of additional lands is necessary in order to perfect the
symmetry of the park area or to acquire locations of historic interest
adjacent to the park area already acquired upon which fortifications or
entrenchments are located which are likely to deteriorate or be
destroyed under private ownership, he is authorized to acquire
additional lands for such purposes.
(June 26, 1935, ch. 315, 5, 49 Stat. 424; Aug. 9, 1939, ch. 614, 1,
53 Stat. 1274.)
Herein, referred to in text, means act June 26, 1935, ch. 315, 49
Stat. 423, which is classified to sections 430t to 430x of this title.
For complete classification of this Act to the Code, see Tables.
1939 -- Act Aug. 9, 1939, inserted proviso.
Additional $55,000 was appropriated by section 2 of act Aug. 9,
1939.
16 USC 430y. Spanish War Memorial Park; establishment
TITLE 16 -- CONSERVATION
When title to such lands located on Davis Island in the city of
Tampa, Florida, as shall be designated by the Secretary of the Interior,
in the exercise of his judgment and discretion as necessary and suitable
for the purpose, shall have been vested in the United States, said area
shall be set apart as the Spanish War Memorial Park, for the benefit and
inspiration of the people: Provided, That said lands shall be donated
without cost to the United States by the city of Tampa, Florida, and the
Secretary of the Interior is authorized to accept such conveyance of
lands.
(Aug. 20, 1935, ch. 575, 1, 49 Stat. 661.)
16 USC 430z. Monument within park; construction authorized
TITLE 16 -- CONSERVATION
There is authorized to be located and constructed within said
memorial park a suitable monument or memorial to commemorate the
patriotic services of the American forces in the War with Spain. The
cost of establishing such monument or memorial, of constructing suitable
sidewalks and approaches, and of landscaping such site, may be paid from
any fund or moneys available for such purpose, except from the general
fund of the Treasury; and the Secretary is for that purpose further
authorized and empowered to determine upon a suitable location, plan,
and design for said monument or memorial, by and with the advice of the
National Commission of Fine Arts.
(Aug. 20, 1935, ch. 575, 2, 49 Stat. 661.)
16 USC 430z-1. Landscaping park; employment of architects and
engineers
TITLE 16 -- CONSERVATION
In the discharge of his duties hereunder, the Secretary of the
Interior, through the National Park Service, is authorized to employ, in
his discretion, by contract or otherwise, landscape architects,
architects, artists, engineers, and/or other expert consultants in
accordance with the usual customs of the several professions and that
expenditures for such employment shall be construed to be included in
any appropriations hereafter authorized for any work under the
objectives of sections 430y to 430z-3 of this title.
(Aug. 20, 1935, ch. 575, 3, 49 Stat. 662.)
Provisions which authorized employment of landscape architects,
architects, artists, engineers, and/or other expert consultants in
accordance with the usual customs of the several professions ''without
reference to civil-service requirements or to the Classification Act of
1923, as amended'' were omitted as obsolete. Such employment is subject
to the civil service laws unless specifically excepted by those laws or
by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941,
issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919,
title I, 1, 54 Stat. 1211, which covered most excepted positions into
the classified (competitive) civil service. The Order is set out as a
note under section 3301 of Title 5, Government Organization and
Employees.
As to the compensation of such personnel, sections 1202 and 1204 of
the Classification Act of 1949, 63 Stat. 972, 973, repealed the
Classification Act of 1923 and all other laws or parts of laws
inconsistent with the 1949 Act. The Classification Act of 1949 was
repealed Pub. L. 89-554, Sept. 6, 1966, 8(a), 80 Stat. 632, and
reenacted as chapter 51 and subchapter III of chapter 53 of Title 5.
Section 5102 of Title 5 contains the applicability provisions of the
1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel
Management to determine the applicability to specific positions and
employees.
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.
16 USC 430z-2. Memorials within park; erection authorized
TITLE 16 -- CONSERVATION
The Secretary of the Interior is further authorized, by and with the
advice of the National Commission of Fine Arts, to authorize and permit
the erection in said memorial park of suitable memorials in harmony with
the monument and/or memorial herein authorized that may be desired to be
constructed by Spanish War organizations, States, and/or foreign
governments: Provided, That the design and location of such memorials
must be approved by the Secretary of the Interior, by and with the
advice of the National Commission of Fine Arts, before construction is
undertaken.
(Aug. 20, 1935, ch. 575, 4, 49 Stat. 662.)
16 USC 430z-3. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the aforesaid
Spanish War Memorial Park, including any and all memorials that may be
erected thereon, shall be exercised under the direction of the Secretary
of the Interior by the National Park Service.
(Aug. 20, 1935, ch. 575, 5, 49 Stat. 662.)
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.
16 USC 430aa. Pea Ridge National Military Park; establishment
TITLE 16 -- CONSERVATION
When not less than one thousand two hundred acres of the non-Federal
lands hereinafter described (together with improvements thereon) and
known as the Pea Ridge Battlefield, near Bentonville, Arkansas, shall
have been acquired and transferred free and clear of all encumbrances to
the United States without expense to the Federal Government, such areas
shall be, and are hereby, dedicated and set apart as a unit of the
National Park System for the benefit and enjoyment of the people of the
United States, under the name of the Pea Ridge National Military Park.
(July 20, 1956, ch. 653, 1, 70 Stat. 592.)
16 USC 430bb. Determination of desirable areas
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized and directed to make an
examination of the Pea Ridge Battlefield with a view to determining the
area or areas thereof deemed desirable for inclusion in the Pea Ridge
National Military Park and which -- except for not more than twenty
acres of any other lands adjacent to such battlefield found by the
Secretary to be necessary to carry out the provisions of sections 430aa
to 430ee of this title -- lie within the lands particularly described as
follows: sections 17, 18, 19, 20, 29, 30, 31, 32, and 33, all township
21 north, range 28 west, Fifth principal meridian; sections 4, 5, 6, 7,
and 8, all township 20 north, range 28 west, Fifth principal meridian;
sections 13, 14, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34,
35, and 36, all township 21 north, range 29 west, Fifth principal
meridian; and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, all
township 20 north, range 29 west, Fifth principal meridian.
(July 20, 1956, ch. 653, 2, 70 Stat. 592.)
16 USC 430cc. Administration, protection, and development;
improvements
TITLE 16 -- CONSERVATION
(a) The National Park Service under the direction of the Secretary of
the Interior, shall administer, protect, and develop the park, subject
to the provisions of sections 1 and 2 to 4 of this title, as amended.
(b) In order to provide for the proper development and maintenance of
the park, the Secretary of the Interior shall construct and maintain
therein such roads, trails, markers, buildings, and other improvements,
and such facilities for the care and accommodation of visitors, as he
may deem necessary.
(July 20, 1956, ch. 653, 3, 70 Stat. 593.)
16 USC 430dd. Dedication
TITLE 16 -- CONSERVATION
Sections 430aa to 430ee of this title shall become effective if and
when the requirements of sections 430aa and 430bb of this title shall
have been fully complied with to the satisfaction of the President of
the United States, who shall then issue a notice declaring that the
requirements herein have been met, and said notice shall formally
dedicate and set aside the areas transferred to the United States in
accordance with the provisions of section 430aa of this title.
(July 20, 1956, ch. 653, 4, 70 Stat. 593.)
16 USC 430ee. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums as may be necessary
to carry out the provisions of sections 430aa to 430ee of this title.
(July 20, 1956, ch. 653, 5, 70 Stat. 593.)
16 USC 430ff. Horseshoe Bend National Military Park; establishment
TITLE 16 -- CONSERVATION
When not less than five hundred acres of the non-Federal lands
hereinafter described (together with improvements thereon) and known as
the Horseshoe Bend Battle Ground on the Tallapoosa River, in the State
of Alabama, shall have been acquired and transferred free and clear of
all encumbrances to the United States without expense to the Federal
Government, such areas shall be, and are hereby, dedicated and set apart
as a unit of the National Park System for the benefit and enjoyment of
the people of the United States, under the name of the Horseshoe Bend
National Military Park.
(July 25, 1956, ch. 729, 1, 70 Stat. 651.)
16 USC 430gg. Determination of desirable areas
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized and directed to make an
examination of the Horseshoe Bend Battle Ground with a view to
determining the area or areas thereof deemed desirable for inclusion in
the Horseshoe Bend National Military Park and which, except for not more
than twenty acres of any other lands adjacent to such battleground found
by the Secretary to be necessary to carry out the provisions of sections
430ff to 430jj of this title, lie within the lands particularly
described as follows: Sections 13, 14, 15, 22, and 23, all township 23
north, range 23 east, Saint Stephens meridian.
(July 25, 1956, ch. 729, 2, 70 Stat. 651.)
16 USC 430hh. Administration, protection, and development;
improvements
TITLE 16 -- CONSERVATION
(a) The National Park Service, under the direction of the Secretary
of the Interior, shall administer, protect, and develop the park,
subject to the provisions of sections 1 and 2 to 4 of this title, as
amended.
(b) In order to provide for the proper development and maintenance of
the park, the Secretary of the Interior shall construct and maintain
therein such roads, trails, markers, buildings, and other improvements,
and such facilities for the care and accommodation of visitors, as he
may deem necessary.
(July 25, 1956, ch. 729, 3, 70 Stat. 651.)
16 USC 430ii. Dedication
TITLE 16 -- CONSERVATION
Sections 430ff to 430jj of this title shall become effective if and
when the requirements of sections 430ff and 430gg of this title shall
have been fully complied with to the satisfaction of the President of
the United States, who shall then issue a notice declaring that the
requirements herein have been met, and said notice shall formally
dedicate and set aside the areas transferred to the United States in
accordance with the provisions of section 430ff of this title.
(July 25, 1956, ch. 729, 4, 70 Stat. 651.)
Proc. No. 3308, Aug. 11, 1959, 24 F.R. 6607, provided:
WHEREAS the battle of Horseshoe Bend, fought on March 27, 1814, on
the Tallapoosa River in Alabama, resulted in a decisive victory for the
forces of General Andrew Jackson over a strong body of Creek Indians and
broke the power of the Creek Confederacy; and
WHEREAS this significant historic event on the Indian border opened
the way for settlement in Alabama and other parts of the old Southwest;
and
WHEREAS section 1 of an act approved July 25, 1956 (70 Stat. 651)
(section 430ff of this title), provides that when not less than five
hundred acres of non-Federal lands (together with improvements thereon),
known as the Horseshoe Bend Battle Ground, shall have been acquired and
transferred free and clear of all encumbrances to the United States
without expense to the Federal Government, such area shall be dedicated
and set apart as the Horseshoe Bend National Military Park: and
WHEREAS section 2 of that act (section 430gg of this title)
authorizes and directs the Secretary of the Interior to make an
examination of the Horseshoe Bend Battle Ground with a view to
determining the area or areas thereof deemed desirable for inclusion in
the Horseshoe Bend National Military Park; and
WHEREAS the Secretary of the Interior on June 11, 1957, approved a
map showing an area of 2,040 acres on the Horseshoe Bend Battle Ground
as being desirable for inclusion in the Horseshoe Bend National Military
Park, and such land was donated to, and accepted on behalf of, the
United States of America on April 24, 1959; and
WHEREAS the requirements of sections 1 and 2 of the act of July 25,
1956 (70 Stat. 651) (sections 430ff and 430gg of this title), have been
fully complied with:
NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United
States of America, by virtue of the authority vested in me by section 4
of the above-mentioned act of July 25, 1956 (this section), do hereby
dedicate and set aside the following-described lands in Tallapoosa
County, Alabama, as the Horseshoe Bend National Military Park:
Northeast quarter (NE 1/4), northeast quarter of northwest quarter
(NE 1/4 of NW 1/4), northeast quarter of southeast quarter (NE 1/4 of SE
1/4), fractions A, B, C and E of section 15; fractions B, D, and E of
section 22; all in township 23 north, range 23 east; also one-half
acre known as the Ferry Landing on the south side of the Tallapoosa
River in said section 15, more particularly described as follows:
Commence at the southwest corner of section 15, township 23 north, range
23 east, Tallapoosa County, Alabama; thence south 89 degrees 00 minutes
east 1968 feet to a point; thence north 1 degree 00 minutes west 1267
feet to a point on the southerly bank of the Tallapoosa River and the
point of beginning of the parcel herein intended to be described;
thence south 52 degrees 00 minutes west 147.6 feet to a point; thence
north 38 degrees 00 minutes west 147.6 feet to a point; thence north 52
degrees 00 minutes east 147.6 feet to a point on the southerly bank of
the said river; thence upstream along the southerly bank of the river
south 38 degrees 00 minutes east 147.6 feet to the point of beginning,
and being situated in the east half of the southwest quarter of section
15, township 23 north, range 23 east, Tallapoosa County, Alabama; also
a parcel of land known as Miller's Island in the Tallapoosa River just
south of the river bridge more particularly described as follows:
Commencing at the southwest corner of said section 15, township 23
north, range 23 east, Tallapoosa County, Alabama; thence south 89
degrees 00 minutes east 2605 feet to a point on the west bank of said
island, which is the point of beginning; thence north 5 degrees 00
minutes east 220 feet to a point; thence north 8 degrees 00 minutes
west 510 feet to a point; thence north 82 degrees 00 minutes east 350
feet to a point; thence north 55 degrees 30 minutes east 75 feet to a
point; thence north 82 degrees 00 minutes east 115 feet to a point;
thence south 17 degrees 00 minutes east 330 feet to a point; thence
south 8 degrees 00 minutes east 270 feet to a point; thence south 77
degrees 45 minutes west 270 feet to a point; thence south 59 degrees 35
minutes west 160 feet to a point; thence south 36 degrees 06 minutes
west 650 feet to a point; thence north 5 degrees 00 minutes east 530
feet to the point of beginning, containing 14.11 acres, more or less,
and being situated in sections 15 and 22, township 23 north, range 23
east, Tallapoosa County, Alabama. Less and except 5.1 acres in said
section 15 township 23 north, range 23 east, previously conveyed by Nora
E. Miller to Horseshoe Bend Battle Park Commission, described as
follows: Beginning at a point which is 13 chains and 51 links south 75
degrees 30 minutes west of a point on the west line of section 14,
township 23 north, range 23 east, which is 69 chains south of the
northwest corner of said section 14; thence west 8 chains and 50 links,
thence south 6 chains, thence east 8 chains and 50 links thence north 6
chains to the point of beginning.
The above described lands contain 560.66 acres, more or less.
Section 14, township 23 north, range 23 east; west half of northwest
quarter and northeast quarter of northwest quarter of section 23,
township 23 north, range 23 east; section 15 and section 22, township
23 north, range 23 east, less and except the following described parts
of said sections 15 and 22, township 23 north, range 23 east, known as
Alabama Power Company lands, described as follows: Northeast quarter
(NE 1/4), northeast quarter of northwest quarter (NE 1/4 of NW 1/4),
northeast quarter of southeast quarter (NE 1/4 of SE 1/ 4), fractions A,
B, C and E of section 15; fractions B, D, and E of section 22; all in
township 23 north, range 23 east; also one-half acre known as the Ferry
Landing on the south side of the Tallapoosa River in section 15, more
particularly described as follows: Commence at the southwest corner of
section 15, township 23 north, range 23 east, Tallapoosa County,
Alabama; thence south 89 degrees 00 minutes east 1968 feet to a point;
thence north 1 degree 00 minutes west 1267 feet to a point on the
southerly bank of the Tallapoosa River and the point of beginning of the
parcel herein intended to be described; thence south 52 degrees 00
minutes west 147.6 feet to a point; thence north 38 degrees 00 minutes
west 147.6 feet to a point; thence north 52 degrees 00 minutes east
147.6 feet to a point on the southerly bank of said river; thence
upstream along the southerly bank of the river south 38 degrees 00
minutes east 147.6 feet to the point of beginning, and being situated in
the east half of the southwest quarter of section 15, township 23 north,
range 23 east, Tallapoosa County, Alabama; also a parcel of land known
as Miller's Island in the Tallapoosa River just south of the river
bridge more particularly described as follows: Commencing at the
southwest corner of said section 15, township 23 north, range 23 east,
Tallapoosa County, Alabama; thence south 89 degrees 00 minutes east
2605 feet to a point on the west bank of said island, which is the point
of beginning; thence north 5 degrees 00 minutes east 220 feet to a
point; thence north 8 degrees 00 minutes west 510 feet to a point;
thence north 82 degrees 00 minutes east 350 feet to a point; thence
north 55 degrees 30 minutes east 75 feet to a point; thence north 82
degrees 00 minutes east 115 feet to a point; thence south 17 degrees 00
minutes east 330 feet to a point; thence south 8 degrees 00 minutes
east 270 feet to a point; thence south 77 degrees 45 minutes west 270
feet to a point; thence south 59 degrees 35 minutes west 160 feet to a
point; thence south 36 degrees 06 minutes west 650 feet to a point;
thence north 5 degrees 00 minutes east 530 feet to the point of
beginning, containing 14.11 acres, more or less, and being situated in
sections 15 and 22, township 23 north, range 23 east, Tallapoosa County,
Alabama. Less and except 5.1 acres in said section 15, township 23
north, range 23 east, previously conveyed by Nora E. Miller to
Horseshoe Bend Battle Park Commission, described as follows: Beginning
at a point which is 13 chains and 51 links south 75 degrees 30 minutes
west of a point on the west line of section 14, township 23 north, range
23 east, which is 69 chains south of the northwest corner of said
section 14; thence west 8 chains and 50 links, thence south 6 chains,
thence east 8 chains and 50 links, thence north 6 chains to the point of
beginning. Said 5.1-acre exception in said section 15 has heretofore
been conveyed to the United States of America by patent from the State
of Alabama.
The above-described lands contain 1,474.24 acres, more or less.
Beginning at a point which is 13 chains and 51 links south 75 degrees
30 minutes west of a point on the west line of section 14 which is 69
chains south of the northwest corner of section 14, thence west 8 chains
and 50 links, thence south 6 chains, thence east 8 chains and 50 links,
thence north 6 chains to the point of beginning, the said land lying and
being in section 15, township 23 north, range 23 east.
The above-described lands contain 5.1 acres, more or less.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal
of the United States of America to be affixed.
DONE at the City of Washington this eleventh day of August in the
year of our Lord nineteen hundred and fifty-nine, and of the
independence of the United States of America the one hundred and
eighty-fourth.
(seal)
Dwight D. Eisenhower.
16 USC 430jj. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums as may be necessary
to carry out the provisions of sections 430ff to 430jj of this title.
(July 25, 1956, ch. 729, 5, 70 Stat. 651.)
16 USC 430kk. Wilson's Creek National Battlefield; establishment;
acquisition of lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall acquire, by gift, purchase,
condemnation, or otherwise, the lands (together with any improvements
thereon) comprising the Wilson's Creek Battlefield site near
Springfield, Missouri, and any other lands adjacent to such site which
in his opinion are necessary or desirable to carry out the purposes of
sections 430kk to 430mm of this title.
(Pub. L. 86-434, 1, Apr. 22, 1960, 74 Stat. 76.)
16 USC 430ll. Designation
TITLE 16 -- CONSERVATION
(a) Administration, protection, and development
The lands acquired under section 430kk of this title shall be set
aside as a public park for the benefit and enjoyment of the people of
the United States, and shall be designated as the Wilson's Creek
National Battlefield. The National Park Service, under the direction of
the Secretary of the Interior, shall administer, protect, and develop
the park, subject to the provisions of sections 1 and 2 to 4 of this
title.
(b) Improvements
In order to provide for the proper development and maintenance of the
park, the Secretary of the Interior shall construct and maintain therein
such roads, trails, markers, buildings, and other improvements, and such
facilities for the care and accommodation of visitors, as he may deem
necessary.
(Pub. L. 86-434, 2, Apr. 22, 1960, 74 Stat. 76; Pub. L. 91-554, 1(
a), Dec. 16, 1970, 84 Stat. 1441.)
1970 -- Pub. L. 91-554 substituted ''Wilson's Creek National
Battlefield'' for ''Wilson's Creek Battlefield National Park''.
16 USC 430mm. Authorization of appropriations
TITLE 16 -- CONSERVATION
For development of the Wilson's Creek National Battlefield, there are
authorized to be appropriated not more than $5,640,000.
(Pub. L. 86-434, 3, Apr. 22, 1960, 74 Stat. 76; Pub. L. 91-554, 1(
b), Dec. 16, 1970, 84 Stat. 1441; Pub. L. 95-625, title I, 101( 29),
Nov. 10, 1978, 92 Stat. 3472.)
1978 -- Pub. L. 95-625 substituted ''$5,640,000.'' for ''$2,285,000
(March 1969 prices), plus or minus such amounts, if any, as may be
justified by reason of ordinary fluctuations in construction cost
indices applicable to the types of construction involved herein.''
1970 -- Pub. L. 91-554 increased authorization of appropriations
from not more than $120,000 to not more than $2,285,000 (March 1969
prices), plus or minus such amounts, if any, as may be justified by
reason of ordinary fluctuations in construction costs as indicated by
engineering cost indices.
16 USC 430nn. Antietam Battlefield site; acquisition of lands,
buildings, structures, and other property
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized, in his discretion, to
acquire in behalf of the United States, through donations or by purchase
at prices deemed by him reasonable or by condemnation in accordance with
sections 257 and 258 of title 40, lands, buildings, structures, and
other property, or interests therein, which he may determine to be of
historical interest in connection with the Antietam Battlefield site,
the title to such property or interests to be satisfactory to the
Secretary of the Interior: Provided, That payment for such property or
interests shall be made solely from donated funds. All such property
and interests shall be a part of the Antietam Battlefield site and shall
be subject to all laws and regulations applicable thereto.
(May 14, 1940, ch. 191, 54 Stat. 212.)
Section 258 of title 40, referred to in text, was omitted from the
Code as superseded by rule 71A of the Federal Rules of Civil Procedure,
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Pub. L. 95-625, title III, 319(b), Nov. 10, 1978, 92 Stat. 3488, as
amended by Pub. L. 199-528, 1(c), Oct, 25, 1988, 102 Stat. 2649,
provided that: ''The Antietam National Battlefield Site established
pursuant to such Act of April 22, 1960 (section 430oo of this title) is
hereby redesignated the 'Antietam National Battlefield'. The boundaries
of such battlefield are hereby revised to include the area generally
depicted on the map referenced in subsection (a) of this section (set
out as a note under section 430oo of this title), which shall be on file
and available for public inspection in the offices of the National Park
Service, Department of the Interior.''
16 USC 430oo. Acquisition of lands for preservation, protection and
improvement; limitation
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to acquire such lands and
interests in land and to enter into such agreements with the owners of
land on behalf of themselves, their heirs and assigns with respect to
the use thereof as the Secretary finds necessary to preserve, protect
and improve the Antietam Battlefield comprising approximately 1,800
acres in the State of Maryland and the property of the United States
thereon, to assure the public a full and unimpeded view thereof, and to
provide for the maintenance of the site (other than those portions
thereof which are occupied by public buildings and monuments and the
Antietam National Cemetery) in, or its restoration to, substantially the
condition in which it was at the time of the battle of Antietam. Any
acquisition authorized by this section may be made without regard to the
limitation set forth in the proviso contained in section 430nn of this
title.
(Pub. L. 86-438, Apr. 22, 1960, 74 Stat. 79; Pub. L. 93-608, 1( 11),
Jan. 2, 1975, 88 Stat. 1969; Pub. L. 100-528, 1(a), Oct. 25, 1988, 102
Stat. 2649.)
1988 -- Pub. L. 100-528 struck out after first sentence ''Not more
than 600 acres of land, however, shall be acquired in fee by purchase or
condemnation, but neither this limitation nor any other provision of law
shall preclude such acquisition of the fee title to other lands and its
immediate reconveyance to the former owner with such covenants,
restrictions, or conditions as will accomplish the purposes of this
section: Provided, That the cost to the Government of any such
transaction shall not exceed the reasonable value of the covenants,
restrictions, or conditions thereby imposed on the property.''
1975 -- Pub. L. 93-608 struck out requirement that Secretary report
to Congress at least once each year on any acquisition made or agreement
entered into under provisions of this section.
Pub. L. 95-625, title III, 319(a), Nov. 10, 1978, 92 Stat. 3488, as
amended by Pub. L. 100-528, 1(b), Oct, 25, 1988, 102 Stat. 2649,
provided that: ''In furtherance of the purposes of the Act entitled 'An
Act to provide for the protection and preservation of the Antietam
Battlefield in the State of Maryland', approved April 22, 1960 (74 Stat.
79) (this section), and other Acts relative thereto (see section 430nn
of this title), the Secretary is hereby authorized to acquire the
additional lands generally depicted on the map entitled 'Boundary Map,
Antietam National Battlefield, Washington County, Maryland,' numbered
302-80.005-A and dated June 1977.''
16 USC 430pp. Fort Necessity National Battlefield; acquisition of land
TITLE 16 -- CONSERVATION
In furtherance of the purposes of the Act of March 4, 1931 (46 Stat.
1522), the Secretary of the Interior is authorized to acquire by
purchase, exchange, donation, with donated funds or otherwise by such
means as he may deem to be in the public interest, lands and interests
in lands adjoining or near the Fort Necessity National Battlefield site
which in his discretion are necessary to preserve the historic
battleground, together with not to exceed 25 acres at the detached
Braddock Monument: Provided, That the total area acquired pursuant to
sections 430pp to 430tt of this title shall not exceed 500 acres, except
that in order to avoid the undesirable severance of parcels in private
ownership such parcels may be purchased in the entirety.
(Pub. L. 87-134, 1, Aug. 10, 1961, 75 Stat. 336.)
Act of March 4, 1931 (46 Stat. 1522), referred to in text, was not
classified to the Code.
16 USC 430qq. Exchange of lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior, in order to implement the purposes of
section 430pp of this title, is authorized to exchange lands which may
be acquired pursuant to sections 430pp to 430tt of this title for other
lands or interests therein of approximately equal value lying within the
original George Washington land patent at Fort Necessity.
(Pub. L. 87-134, 2, Aug. 10, 1961, 75 Stat. 336.)
16 USC 430rr. Change in name to Fort Necessity National Battlefield
TITLE 16 -- CONSERVATION
The Fort Necessity National Battlefield site is redesignated as the
Fort Necessity National Battlefield and any remaining balance of funds
appropriated for the purposes of the site shall be available for the
purposes of the Fort Necessity National Battlefield.
(Pub. L. 87-134, 3, Aug. 10, 1961, 75 Stat. 336.)
16 USC 430ss. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the Fort Necessity
National Battlefield shall be exercised by the Secretary of the Interior
in accordance with provisions of sections 1 and 2 to 4 of this title, as
amended and supplemented.
(Pub. L. 87-134, 4, Aug. 10, 1961, 75 Stat. 336.)
16 USC 430tt. Authorization of appropriation
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums, but not more than
$722,000 as are necessary to carry out the provisions of sections 430pp
to 430tt of this title.
(Pub. L. 87-134, 5, Aug. 10, 1961, 75 Stat. 336; Pub. L. 93-477,
title I, 101(4), Oct. 26, 1974, 88 Stat. 1445.)
1974 -- Pub. L. 93-477 substituted ''$722,000'' for ''$115,000''.
16 USC 430uu. Big Hole National Battlefield; redesignation of monument
TITLE 16 -- CONSERVATION
The Big Hole Battlefield National Monument, established by Executive
Order Numbered 1216 of June 23, 1910, and enlarged by Proclamation
Numbered 2339 of June 29, 1939, is hereby redesignated as the Big Hole
National Battlefield.
(Pub. L. 88-24, 1, May 17, 1963, 77 Stat. 18.)
Executive Order Numbered 1216 of June 23, 1910, referred to in text,
is not classified to the Code.
Proclamation Numbered 2339 of June 29, 1939 (53 Stat. 2544), referred
to in text, is not classified to the Code.
16 USC 430uu-1. Revision of boundaries
TITLE 16 -- CONSERVATION
In order to preserve historic features and sites associated with the
Battle of the Big Hole and to facilitate their administration and
interpretation, the boundaries of the Big Hole National Battlefield are
hereby revised to include the following described lands:
16 USC montana principal meridian
TITLE 16 -- CONSERVATION
Township 2 south, range 17, west: Section 13, southwest quarter
southeast quarter, southeast quarter southwest quarter, east half
southwest quarter southwest quarter; section 23, east half northeast
quarter southeast quarter; section 24, west half east half, north half
southwest quarter, southeast quarter southwest quarter, east half
southwest quarter southwest quarter; section 25, those portions of the
northeast quarter northwest quarter and the northwest quarter northeast
quarter lying north of the north right-of-way line of relocated Montana
State Route 43; consisting of approximately 466 acres.
(Pub. L. 88-24, 2, May 17, 1963, 77 Stat. 18.)
16 USC 430uu-2. Acquisition of land; exclusion from Beaverhead
National Forest; administration
TITLE 16 -- CONSERVATION
(a) The Secretary of the Interior may acquire by donation, purchase,
exchange, or otherwise, lands and interests in lands within the area
described in section 430uu-1 of this title.
(b) Any lands described in section 430uu-1 of this title that are a
part of the Beaverhead National Forest on May 17, 1963, are hereby
excluded from the forest and added to the Big Hole National Battlefield.
(c) Lands included in the Big Hole National Battlefield pursuant to
sections 430uu to 430uu-4 of this title shall be administered in
accordance with the provisions of sections 1 and 2 to 4 of this title.
(Pub. L. 88-24, 3, May 17, 1963, 77 Stat. 19.)
16 USC 430uu-3. Jurisdiction
TITLE 16 -- CONSERVATION
There is hereby retroceded to the State of Montana, effective when
accepted by said State in accordance with its laws, such jurisdiction as
has been ceded by such State to the United States over any lands within
the boundaries of the Big Hole National Battlefield reserving in the
United States, however, concurrent legislative jurisdiction over such
lands.
(Pub. L. 88-24, 4, May 17, 1963, 77 Stat. 19.)
16 USC 430uu-4. Authorization of appropriation
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums not exceeding
$42,500 as are necessary for the acquisition of lands and interests in
land pursuant to sections 430uu to 430uu-4 of this title.
(Pub. L. 88-24, 5, May 17, 1963, 77 Stat. 19; Pub. L. 92-272, title
I, 101(2), Apr. 11, 1972, 86 Stat. 120.)
1972 -- Pub. L. 92-272 substituted ''$42,500'' for ''$20,000''.
16 USC SUBCHAPTER LXI -- NATIONAL AND INTERNATIONAL MONUMENTS AND
MEMORIALS
TITLE 16 -- CONSERVATION
Protection of timber upon national monuments from fire, disease, or
insect ravages, see section 594 of this title.
16 USC 431. National monuments; reservation of lands; relinquishment
of private claims
TITLE 16 -- CONSERVATION
The President of the United States is authorized, in his discretion,
to declare by public proclamation historic landmarks, historic and
prehistoric structures, and other objects of historic or scientific
interest that are situated upon the lands owned or controlled by the
Government of the United States to be national monuments, and may
reserve as a part thereof parcels of land, the limits of which in all
cases shall be confined to the smallest area compatible with the proper
care and management of the objects to be protected. When such objects
are situated upon a tract covered by a bona fide unperfected claim or
held in private ownership, the tract, or so much thereof as may be
necessary for the proper care and management of the object, may be
relinquished to the Government, and the Secretary of the Interior is
authorized to accept the relinquishment of such tracts in behalf of the
Government of the United States.
(June 8, 1906, ch. 3060, 2, 34 Stat. 225.)
Act June 8, 1906, ch. 3060, 34 Stat. 225, which is classified
generally to sections 431, 432, and 433 of this title, is popularly
known as the ''Antiquities Act of 1906''.
Act Aug. 31, 1954, ch. 1160, 68 Stat. 1029, provided for a
Commission to obtain plans and designs for a useful monument to the
nation symbolizing to the United States and the world the ideals of a
democracy as embodied in the five freedoms (speech, religion, press,
assembly, and petition) and to submit such plans to Congress for
legislative authorization after approval by the Secretary of the
Interior, the National Capital Planning Commission, and the Commission
of Fine Arts, The Commission terminated 30 days after submission of
required report which was submitted in 1957 but audit of business was
not completed until September 1964.
Conveyance of property to National Academy of Sciences for erection
and maintenance of a Memorial to Albert Einstein on south side of Square
Numbered 88 between 21st Street, 22d Street, and Constitution Avenue,
District of Columbia, with reverter of title when no longer used for
memorial purposes or public access is restricted, was authorized by Pub.
L. 95-625, title VI, 612, Nov. 10, 1978, 92 Stat. 3521, as amended
Pub. L. 96-87, title IV, 401(o), Oct. 12, 1979, 93 Stat. 666.
Pub. L. 94-556, Oct. 19, 1976, 90 Stat. 2632, provided: ''That,
for the purpose of providing appropriate commemoration at the Lincoln
National Memorial of the addition of the States of Alaska and Hawaii to
the Union, the Secretary of the Interior is authorized and directed to
study the feasibility of and make recommendations for the recognition at
an appropriate place at such memorial of the addition to the Union of
the States of Alaska and Hawaii. Such recommendations shall after
review and approval by the Commission of Fine Arts, the National Capital
Planning Commission, and the Advisory Council on Historic Preservation
be submitted to the Committees on Interior and Insular Affairs of the
Senate and the House of Representatives of the United States. If, at
the end of sixty days (not counting days on which the Senate or the
House of Representatives has adjourned for more than three consecutive
days) following receipt of such recommendations, neither committee has
adopted a resolution of disapproval, the Secretary is authorized and
directed to carry out said recommendations.
''Sec. 2. There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act, but not to exceed
$20,000. No funds authorized to be appropriated pursuant to this Act
shall be available prior to October 1, 1977.''
National Capital memorials and commemorative works, see section 1001
et seq. of Title 40, Public Buildings, Property, and Works.
section 1714.
16 USC 431a. Limitation on further extension or establishment of
national monuments in Wyoming
TITLE 16 -- CONSERVATION
No further extension or establishment of national monuments in
Wyoming may be undertaken except by express authorization of Congress.
(Sept. 14, 1950, ch. 950, 1, 64 Stat. 849.)
Section comprises only part of the last sentence of section 1 of act
Sept. 14, 1950. The remainder of such section, except that part of the
last sentence which repealed sections 406 to 406d of this title, is set
out as sections 406d-1 and 451a of this title.
Repeal of laws inconsistent with act Sept. 14, 1950, see note set
out under section 406d-1 of this title.
National parks in Wyoming, limitation on further extension or
establishment, see section 451a of this title.
16 USC 432. Permits to examine ruins, excavations, and gathering of
objects; regulations
TITLE 16 -- CONSERVATION
Permits for the examination of ruins, the excavation of
archaeological sites, and the gathering of objects of antiquity upon the
lands under their respective jurisdictions may be granted by the
Secretaries of the Interior, Agriculture, and Army to institutions which
they may deem properly qualified to conduct such examination,
excavation, or gathering, subject to such rules and regulations as they
may prescribe: Provided, That the examinations, excavations, and
gatherings are undertaken for the benefit of reputable museums,
universities, colleges, or other recognized scientific or educational
institutions, with a view to increasing the knowledge of such objects,
and that the gatherings shall be made for permanent preservation in
public museums. The Secretaries of the departments aforesaid shall make
and publish from time to time uniform rules and regulations for the
purpose of carrying out the provisions of this section and sections 431
and 433 of this title.
(June 8, 1906, ch. 3060, 3, 4, 34 Stat. 225; July 26, 1947, ch.
343, title II, 205(a), 61 Stat. 501.)
The last sentence only of this section was derived from section 4 of
act June 8, 1906, the remainder being from section 3.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Enforcement functions of Secretary or other official in Department of
the Interior related to compliance with permits issued under sections
431, 432 and 433 of this title and such functions of Secretary or other
official in Department of Agriculture, insofar as they involve lands and
programs under jurisdiction of that Department, related to compliance
with removal of objects of antiquity under sections 431, 432, and 433
with respect to pre-construction, construction, and initial operation of
transportation system for Canadian and Alaskan natural gas were
transferred to the Federal Inspector, Office of Federal Inspector for
the Alaska Natural Gas Transportation System, until the first
anniversary of date of initial operation of the Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979,
102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376,
effective July 1, 1979, set out in the Appendix to Title 5, Government
Organization and Employees.
For transfer of certain functions relating to real property under
jurisdiction of Department of the Air Force, to Secretary of the Air
Force from Secretary of the Army, see Secretary of Defense Transfer
Order No. 14 ( 2(25)), eff. July 1, 1948.
78a; title 43 section 1714.
16 USC 433. American antiquities
TITLE 16 -- CONSERVATION
Any person who shall appropriate, excavate, injure, or destroy any
historic or prehistoric ruin or monument, or any object of antiquity,
situated on lands owned or controlled by the Government of the United
States, without the permission of the Secretary of the Department of the
Government having jurisdiction over the lands on which said antiquities
are situated, shall, upon conviction, be fined in a sum of not more than
$500 or be imprisoned for a period of not more than ninety days, or
shall suffer both fine and imprisonment, in the discretion of the court.
(June 8, 1906, ch. 3060, 1, 34 Stat. 225.)
Enforcement functions of Secretary or other official in Department of
the Interior related to compliance with permits issued under sections
431, 432, and 433 of this title and such functions of Secretary or other
official in Department of Agriculture, insofar as they involve lands and
programs under jurisdiction of that Department, related to compliance
with removal of objects of antiquity under sections 431, 432, and 433
with respect to pre-construction, construction, and initial operation of
transportation system for Canadian and Alaskan natural gas were
transferred to the Federal Inspector, Office of Federal Inspector for
the Alaska Natural Gas Transportation System, until the first
anniversary of date of initial operation of the Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979, 102(e), (f),
203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1,
1979, set out in the Appendix to Title 5, Government Organization and
Employees.
78a; title 43 section 1714.
16 USC 433a. Perry's Victory and International Peace Memorial;
establishment
TITLE 16 -- CONSERVATION
The President of the United States is authorized to establish by
proclamation the following-described Government lands, together with the
Perry's Victory Memorial proper, its approaches, retaining walls, and
all buildings, structures, and other property thereon, situated in
Put-in-Bay Township, South Bass Island, Ottawa County, Lake Erie, State
of Ohio, as the ''Perry's Victory and International Peace Memorial'',
for the preservation of the historical associations connected therewith,
to inculcate the lessons of international peace by arbitration and
disarmament, and for the benefit and enjoyment of the people:
Commencing at the intersection of the middle line of Delaware Avenue and
Chapman Avenue, in the village of Put-in-Bay, and running thence south
eighty-eight degrees fifty-nine minutes east in the middle line of said
Delaware Avenue, and the same extended four hundred and ninety-five feet
to Lake Erie; thence north forty-nine degrees fifty-nine minutes east
along said lake shore three hundred and forty-six feet; thence north
forty-three degrees fourteen minutes east along said lake shore two
hundred and twelve feet; thence north fifty-three degrees thirteen
minutes east four hundred feet along said lake shore; thence north
forty-six degrees six minutes west about seven hundred and thirty feet
to Lake Erie; thence southwesterly and westerly along said lake shore
to the middle line, extended, of said Chapman Avenue; thence south one
degree thirty minutes west along said middle line, and the same
extended, about five hundred and twenty feet to the place of beginning,
and containing fourteen and twenty-five one-hundredths acres of land and
known as a part of lots numbered 1 and 2, range south of county road,
and a part of lot numbered 12, East Point, in South Bass Island, in the
township of Put-in-Bay, county of Ottawa, State of Ohio.
(June 2, 1936, ch. 477, 1, 49 Stat. 1393; Oct. 26, 1972, Pub. L.
92-568, 1, 86 Stat. 1181.)
''Perry's Victory and International Peace Memorial'' substituted in
text for ''Perry's Victory and International Peace Memorial National
Monument'' to conform to the redesignation provided in section 1 of Pub.
L. 92-568, classified to section 433f-1 of this title.
Memorial and boundaries established by Presidential Proc. No. 2182,
July 6, 1936, 50 Stat. 1734.
16 USC 433b. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection and development of the aforesaid peace
memorial shall be exercised under the direction of the Secretary of the
Interior by the National Park Service, subject to the provisions of
sections 1 and 2 to 4 of this title, as amended.
(June 2, 1936, ch. 477, 2, 49 Stat. 1394; Oct. 26, 1972, Pub. L.
92-568, 1, 86 Stat. 1181.)
''Peace memorial'' substituted in text for ''national monument'' to
conform to redesignation of Perry's Victory and International Peace
Memorial National Monument as Perry's Victory and International Peace
Memorial provided in section 1 of Pub. L. 92-568, classified to section
433f-1 of this title.
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.
16 USC 433c. Acceptance of donations of lands and funds; acquisition
of land
TITLE 16 -- CONSERVATION
After the said peace memorial has been established as provided in
section 433a of this title the Secretary of the Interior is authorized
to accept donations of land, interests in land, buildings, structures,
and other property as may be donated for the extension and improvement
of the said peace memorial, and donations of funds for the purchase and
maintenance thereof, the title and evidence of title to lands acquired
to be satisfactory to the Secretary of the Interior: Provided, That he
may acquire on behalf of the United States out of any donated funds by
purchase when purchasable at prices deemed by him reasonable, otherwise
by condemnation under the provisions of sections 257 and 258 of title
40, such tracts of land within the said peace memorial as may be
necessary for the completion thereof. The Secretary of the Interior is
authorized to purchase with appropriated funds not to exceed four acres
of land, or interests in land, for addition to the Perry's Victory and
International Peace Memorial.
(June 2, 1936, ch. 477, 3, 49 Stat. 1394; Oct. 26, 1972, Pub. L.
92-568, 1, 2, 86 Stat. 1181, 1182.)
Section 258 of title 40, referred to in text, was omitted from the
Code as superseded by rule 71A of the Federal Rules of Civil Procedure,
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
1972 -- Pub. L. 92-568, 2, authorized acquisition of an additional
four acres of land.
''Peace memorial'' substituted in text for ''national monument'' to
conform to redesignation of Perry's Victory and International Peace
Memorial National Monument as Perry's Victory and International Peace
Memorial provided in section 1 of Pub. L. 92-568, classified to section
433f-1 of this title.
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.
Section 4 of Pub. L. 92-568, as amended by Pub. L. 95-625, title I,
101(21), Nov. 10, 1978, 92 Stat. 3472; Pub. L. 98-141, 7(a), Oct.
31, 1983, 97 Stat. 910; Pub. L. 98-181, title I, 1401, Nov. 30, 1983,
97 Stat. 1294, provided that: ''There are authorized to be
appropriated such sums as may be necessary to carry out the purposes of
this Act (enacting section 433f-1, amending sections 433a to 433c and
433e, and repealing section 433d of this title, and enacting provisions
set out as a note hereunder), but not more than $370,000 shall be
appropriated for the acquisition of lands and interests in lands and not
more than $10,500,000 shall be appropriated for development. The sums
authorized in this section shall be available for acquisition and
development undertaken subsequent to the approval of this Act (such
sections).''
16 USC 433d. Repealed. Pub. L. 92-568, 3(2), Oct. 26, 1972, 86 Stat.
1182
TITLE 16 -- CONSERVATION
Section, act June 2, 1936, ch. 477, 4, 49 Stat. 1394, provided that
members of Perry's Victory Memorial Commission created by act Mar. 3,
1919, ch. 116, 40 Stat. 1322, act as a board of advisors, and also
provided for number of members, method of filling vacancies, and travel
expenses but no compensation for the members.
16 USC 433e. Repealed. Pub. L. 98-141, 7(b), Oct. 31, 1983, 97 Stat.
910
TITLE 16 -- CONSERVATION
Section, act June 2, 1936, ch. 477, 5, 49 Stat. 1395; Oct. 26,
1972, Pub. L. 92-568, 1, 86 Stat. 1181, provided that employees of the
Perry's Victory Memorial Commission on June 2, 1936, could, in the
discretion of the Secretary of the Interior, be employed by the National
Park Service in the administration, protection, and development of the
memorial.
16 USC 433f. Inconsistent laws repealed
TITLE 16 -- CONSERVATION
The provisions of the Act of March 3, 1919 (ch. 116, 40 Stat.
1322-1324), and Acts supplemental thereof and amendatory thereto and all
other Acts inconsistent with the provisions of section 433a to 433f of
this title are repealed to the extent of such inconsistency.
(June 2, 1936, ch. 477, 6, 49 Stat. 1395.)
The act of Mar. 3, 1919, and Acts supplemental and amendatory
thereto were not classified to the Code.
16 USC 433f-1. Change in name of Perry's Victory and International
Peace Memorial National Monument
TITLE 16 -- CONSERVATION
The Perry's Victory and International Peace Memorial National
Monument, established in accordance with section 433a of this title, is
redesignated the Perry's Victory and International Peace Memorial.
(Pub. L. 92-568, 1, Oct. 26, 1972, 86 Stat. 1181.)
16 USC 433g. Fort Frederica National Monument; establishment
TITLE 16 -- CONSERVATION
When title to the site of Fort Frederica, on Saint Simon Island,
Georgia, and such other related sites located thereon, as may be
designated by the Secretary of the Interior, in the exercise of his
discretion, as necessary or desirable for national-monument purposes,
shall have been vested in the United States, said area not to exceed two
hundred and fifty acres shall be, and is, set apart as a national
monument for the benefit and inspiration of the people, and shall be
called the ''Fort Frederica National Monument.''
(May 26, 1936, ch. 451, 1, 49 Stat. 1373; Sept. 20, 1950, ch. 957,
1, 64 Stat. 869; May 16, 1958, Pub. L. 85-401, 1, 72 Stat. 110.)
1958 -- Pub. L. 85-401 increased maximum acreage from one hundred
acres to two hundred and fifty acres.
1950 -- Act Sept. 20, 1950, increased maximum acreage from eighty to
one hundred acres.
Section 2 of act Sept. 20, 1950, provided that: ''There is hereby
authorized to be appropriated not to exceed $5,000 for the acquisition
of land and interests in land for the said national monument. The
Secretary of the Interior is authorized to use any funds so
appropriated, together with any donated funds made available pursuant to
the aforesaid Act of May 26, 1936 (sections 433g, 433h, 433i, and 433j
of this title), for this procurement of land and interests in land for
the national monument.''
16 USC 433h. Donation of property; acquisition of lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept donations of
land, interests in land, buildings, structures, and other property
within the boundaries of the said national monument as determined and
fixed hereunder, and donations of funds for the purchase and maintenance
thereof, the title and evidence of title to lands acquired to be
satisfactory to the Secretary of the Interior: Provided, That he may
acquire on behalf of the United States out of any donated funds, either
by purchase at prices deemed by him reasonable, or by condemnation under
the provisions of sections 257 and 258 of title 40, such tracts of land
within the said national monument as may be necessary for the completion
thereof.
(May 26, 1936, ch. 451, 2, 49 Stat. 1373.)
Section 258 of title 40, referred to in text, was omitted from the
Code as superseded by rule 71A of the Federal Rules of Civil Procedure,
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
16 USC 433h-1. Acquisition of additional lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized and directed to acquire
by purchase, condemnation, or otherwise, subject to the acreage
limitation contained in section 433g of this title, the site known as
the Bloody Marsh Battle memorial monument located on Saint Simon Island,
Georgia, together with such additional land, including the marshland
across the river to the west of Fort Frederica National Monument, or
interest in land, as in the judgment of the Secretary of the Interior
might be desirable for the protection of such national monument. Such
lands or interest in lands acquired by the Secretary pursuant to this
section shall be made a part of the Fort Frederica National Monument.
(Pub. L. 85-401, 2, May 16, 1958, 72 Stat. 110.)
Section 3 of Pub. L. 85-401 provided that: ''There are hereby
authorized to be appropriated, out of any money in the Treasury not
otherwise appropriated, such amounts, not to exceed $20,000, as may be
necessary to carry out the provisions of this Act (this section).''
16 USC 433i. Museum; historical markers
TITLE 16 -- CONSERVATION
(a) Maintenance; donations
The Secretary of the Interior is authorized, in his discretion, to
maintain in some suitable structure within the national monument a
museum for relics and records pertaining to Fort Frederica, and for
other articles of national and patriotic interest, and in his discretion
to accept, on behalf of the United States, for installation in such
museum, articles which may be offered as additions to the museum.
(b) State and local participation
Any State or political subdivision thereof, organization, or
individual may, with the approval of the Secretary of the Interior,
erect monuments or place tablets commemorating historic events or
persons connected with the history of the area, within the boundaries of
the Fort Frederica National Monument.
(May 26, 1936, ch. 451, 3, 49 Stat. 1373.)
16 USC 433j. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the aforesaid
national monument shall be exercised under the direction of the
Secretary of the Interior by the National Park Service, subject to the
provisions of sections 1 and 2 to 4 of this title, as amended.
(May 26, 1936, ch. 451, 4, 49 Stat. 1373.)
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.
16 USC 433k. Whitman Mission National Historic Site; acquisition of
land; establishment, supervision and maintenance
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized and directed to acquire,
on behalf of the United States, by gift, the site of the Indian mission
established in 1836 by Marcus Whitman on the Walla Walla River in what
is now Walla Walla County, Washington, together with such additional
land, including a right-of-way to the nearest highway, as the Secretary
may deem necessary to carry out the purposes of this section.
The property acquired under the provisions of the first paragraph of
this section shall constitute the Whitman Mission National Historic Site
and shall be a public national memorial to Marcus Whitman and his wife,
Narcissa Prentiss Whitman, who here established their Indian mission and
school, and ministered to the physical and spiritual needs of the
Indians until massacred with twelve others /1/ persons in 1847. The
Director of the National Park Service, under the direction of the
Secretary of the Interior, shall have the supervision, management, and
control of such national historic site, and shall maintain and preserve
it for the benefit and enjoyment of the people of the United States.
(June 29, 1936, ch. 863, 1, 2, 49 Stat. 2028; May 31, 1962, Pub. L.
87-471, 76 Stat. 90.)
''Whitman Mission National Historic Site'' and ''national historic
site'' substituted in text for ''Whitman National Monument'' and
''national monument'', respectively, pursuant to Pub. L. 87-471, which
redesignated Whitman National Monument as Whitman Mission National
Historic Site. See section 433n of this title.
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.
/1/ So in original.
16 USC 433k-1. Acquisition of additional land
TITLE 16 -- CONSERVATION
For the purpose of including within Whitman Mission National Historic
Site, Washington, certain properties that are of historic significance
in connection with the site area and which are needed to provide
suitable monument facilities, the Secretary of the Interior is
authorized to procure not to exceed fifty acres of land adjacent to the
existing site and a right-of-way thereto from United States Highway 410,
using therefor any land acquisition funds available for the purposes of
the national park system, such property to be acquired in such manner as
the Secretary shall consider to be in the public interest. Following
the acquisition by the United States of land for addition to the site
pursuant to this section, such addition shall be effective in each
instance upon the publication of notice thereof in the Federal Register.
(Pub. L. 85-388, May 1, 1958, 72 Stat. 101; Pub. L. 87-471, May 31,
1962, 76 Stat. 90.)
''Whitman Mission National Historic Site'' and ''site'' substituted
in text for ''Whitman National Monument'' and ''monument'',
respectively, pursuant to Pub. L. 87-471, which redesignated Whitman
National Monument as Whitman Mission National Historic Site, classified
to section 433n of this title.
16 USC 433l. Erection of monuments and tablets
TITLE 16 -- CONSERVATION
Any State, or political subdivision thereof, organization, or
individual may, with the approval of the Secretary of the Interior,
erect monuments or place tablets within the boundaries of the Whitman
Mission National Historic Site.
(June 29, 1936, ch. 863, 3, 49 Stat. 2029; May 31, 1962, Pub. L.
87-471, 76 Stat. 90.)
''Whitman National Monument'' redesignated ''Whitman Mission National
Historic Site'' by Pub. L. 87-471, set out as section 433n of this
title.
16 USC 433m. Authorization of appropriation
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums as may be necessary
to carry out the provisions of sections 433k and 433l of this title.
(June 29, 1936, ch. 863, 4, 49 Stat. 2029.)
16 USC 433n. Change in name of Whitman National Monument
TITLE 16 -- CONSERVATION
Effective January 1, 1963, the Whitman National Monument, established
pursuant to sections 433k, 433l and 433m of this title, shall be known
as the Whitman Mission National Historic Site.
(Pub. L. 87-471, May 31, 1962, 76 Stat. 90.)
16 USC 434. National monument in Riverside County, California
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to set apart the
following-described lands located in the county of Riverside, in the
State of California, as a national monument, which shall be under the
exclusive control of the Secretary of the Interior, who shall administer
and protect the same under the provisions of sections 431, 432 and 433
of this title, and under such regulations as he may prescribe: The west
half of the southwest quarter of section 2, the southeast quarter of
section 3, all of section 10, the west half of the northwest quarter of
section 11, all of section 14, all in township 5 south, range 4 east,
San Bernardino base and meridian, containing one thousand six hundred
acres: Provided, That before such reservation and dedication as herein
authorized shall become effective the consent and relinquishment of the
Agua Caliente Band of Indians shall first be obtained, covering its
right, title, and interest in and to the lands herein described, and
payment therefor to the members of said band on a per capita basis, at a
price to be agreed upon, when there shall be donated for such purposes
to the Secretary of the Interior a fund in an amount to be fixed and
determined by him as sufficient to compensate the Indians therefor.
(Aug. 26, 1922, ch. 295, 1, 42 Stat. 832.)
16 USC 435. Acquiring reservation land
TITLE 16 -- CONSERVATION
In order to determine the amount to be paid under section 434 of this
title the Secretary of the Interior is authorized and directed to
negotiate with said Indians to obtain their consent and relinquishment,
and when such consent and relinquishment has been obtained and an
agreement reached the Secretary of the Interior is further authorized to
make payment from said donated fund for the lands relinquished to the
enrolled members of the said Agua Caliente Band as authorized by section
434 of this title. The consent and relinquishment of the Indians may be
obtained and payment made for the lands in such manner as the Secretary
of the Interior may deem advisable. The water rights, dam, pipe lines,
canals, and irrigation structures located in sections 2 and 3 of
township 5 south, range 4 east, San Bernardino meridian, and also all
water and water rights in Palm Canyon, are excepted from this reserve
and shall remain under the exclusive control and supervision of the
Bureau of Indian Affairs. The provisions of the Federal Power Act (16
U.S.C. 791a et seq.) shall not apply to this monument.
(Aug. 26, 1922, ch. 295, 2, 3, 42 Stat. 832.)
The Federal Power Act, referred to in text, was in the original the
''Act of Congress approved June 10, 1920, known as the Federal Water
Power Act'', and was redesignated as the Federal Power Act by section
791a of this title. The Federal Power Act is act June 10, 1920, ch.
285, 41 Stat. 1063, as amended, and is classified generally to chapter
12 ( 791a et seq.) of this title. For complete classification of this
Act to the Code, see section 791a of this title and Tables.
This section is a combination provision, the last sentence of which
is from section 3 of act Aug. 26, 1922, the remainder being derived
from section 2 of that act.
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.
16 USC 436. Omitted
TITLE 16 -- CONSERVATION
Section, act Apr. 9, 1924, ch. 86, 3, 43 Stat. 90, related to
transfer by Secretary of Agriculture to Secretary of the Interior for
road purposes of part of material, equipment and supplies received from
Secretary of War.
16 USC 437. Fort McHenry; restoration and preservation
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized and directed to begin the
restoration of Fort McHenry, in the State of Maryland, including the
restoration of the old Fort McHenry proper to such a condition as would
make it suitable for preservation permanently as a national monument and
perpetual national memorial shrine as the birthplace of the immortal
''Star-Spangled Banner'' written by Francis Scott Key, and he is further
authorized and directed, as are his successors, to hold the said Fort
McHenry in perpetuity as a military reservation, national monument and
historic shrine, and to maintain it as such, except that part mentioned
in section 439 of this title, and that part in use on March 3, 1925, by
the Department of Commerce for a light and fog-signal station under
revocable license from the Interior Department with the maintenance of
the electric lines thereto and such portion of the reservation,
including improvement, as may be reserved by the Secretary of the Army
for the use of the Chief of Engineers, the said reservation to be
maintained as a national public monument, subject to such regulations as
may from time to time be issued by the Secretary of the Interior.
(May 26, 1914, ch. 100, 38 Stat. 382; Mar. 3, 1925, ch. 425, 43
Stat. 1109; Ex. Ord. No. 6166, 2, June 10, 1933; Ex. Ord. No. 6228, 1,
July 28, 1933; Aug. 11, 1939, ch. 686, 53 Stat. 1405; July 26, 1947,
ch. 343, title II, 205(a), 61 Stat. 501.)
This section and sections 438 to 440 of this title were derived from
act Mar. 3, 1925, which was entitled ''An act to repeal and reenact
chapter 100, 1914, Public, Numbered 108, to provide for the restoration
of Fort McHenry, in the State of Maryland, and its permanent
preservation as a national park and perpetual national memorial shrine
as the birthplace of the immortal 'Star-Spangled Banner,' written by
Francis Scott Key, for the appropriation of the necessary funds, and for
other purposes.'' The enacting clause reads as follows: ''Be it enacted
by the Senate and House of Representatives of the United States of
America in Congress assembled, That an Act authorizing the Secretary of
War to grant the use of the Fort McHenry Military Reservation in the
State of Maryland to the mayor and city council of Baltimore, a
municipal corporation of the State of Maryland, making certain
provisions in connection therewith, providing access to and from the
site of the new immigration station heretofore set aside be, and hereby
is, repealed and reenacted to read as follows:''.
As reenacted in 1925 this section recites that Fort McHenry is
''now'' occupied and used as a military reservation and authorized the
restoration ''so soon as it may no longer be needed for uses and needs
growing out of the late war.'' The foregoing provisions have been
omitted as temporary.
The words of this section ''on March 3, 1925'' refer to the date of
passage of the Act.
''National monument and historic shrine'' substituted in text for
''national park, and memorial'' in view of redesignation of Fort McHenry
National Park as Fort McHenry National Monument and Historic Shrine by
act Aug. 11, 1939, classified to section 440a of this title.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Administrative functions of Fort McHenry National Park transferred to
Department of the Interior by Ex. Ord. Nos. 6166 and 6228, set out as
notes under section 901 of Title 5, Government Organization and
Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, by act
Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
Joint Res. July 25, 1947, ch. 327, 3, 61 Stat. 451, provided that
in the interpretation of these sections, the date July 25, 1947, shall
be deemed to be the date of termination of any state of war theretofore
declared by Congress and of the national emergencies proclaimed by the
President on Sept. 8, 1939, and May 27, 1941.
16 USC 438. Repairs and improvements; how made
TITLE 16 -- CONSERVATION
Any and all repairs, improvements, changes, and alterations in the
grounds, buildings, and other appurtenances to the reservation shall be
made only according to detailed plans which shall be approved by the
Secretary of the Interior, and all such repairs, improvements, or
alterations shall be made at the expense of the United States, and all
such improvements, together with the reservation itself, shall become
and remain permanently the property of the United States.
(May 26, 1914, ch. 100, 38 Stat. 382; Mar. 3, 1925, ch. 425, 43
Stat. 1109; Ex. Ord. No. 6166, 2, June 10, 1933; Ex. Ord. No. 6228, 1,
July 28, 1933.)
This section and sections 437, 439, and 440 of this title were
derived from act Mar. 3, 1925. See Codification note set out under
section 437 of this title.
Transfer of administrative functions of park, see note set out under
section 437 of this title.
Termination of state of war and national emergencies, see note set
out under section 437 of this title.
16 USC 439. Land for use of Secretary of the Treasury
TITLE 16 -- CONSERVATION
Permission is granted the Secretary of the Treasury to use
permanently a strip of land sixty feet wide belonging to said fort
grounds, beginning at the north corner of the grounds of the fort and
extending south sixty-three degrees thirty minutes east, six hundred and
eighty feet to the south corner of the site set aside for the
immigration station at Baltimore, said strip of land being located along
the northwest boundary of the land ceded to the Baltimore Dry Dock
Company and the land of the said immigration station, the same to be
used, if so desired, in lieu of acquiring, by purchase or condemnation,
any of the lands of the dry dock company so that the Secretary of the
Treasury may, in connection with land acquired from the Baltimore and
Ohio Railroad Company, have access to and from said immigration station
and grounds over the right-of-way so acquired to the city streets and
railroads beyond, the Secretary of the Treasury to have the same power
to construct, contract for, and arrange for railroad and other
facilities upon said outlet as fully as provided in the Act approved
March 4, 1913, chapter 147, Thirty-seventh Statutes 889, setting aside a
site for an immigration station and providing for an outlet therefrom,
but the Interior Department shall have equal use of the railroad track
and other roads so constructed, over which to reach the city streets and
railroads beyond from the other part of the fort grounds.
(May 26, 1914, ch. 100, 38 Stat. 382; Mar. 3, 1925, ch. 425, 43
Stat. 1109; Ex. Ord. No. 6166, 2, June 10, 1933; Ex. Ord. No. 6228, 1,
July 28, 1933; June 5, 1936, ch. 528, 49 Stat. 1484.)
The Act approved March 4, 1913, chapter 147, Thirty-seventh Statutes
889, referred to in text, was a building authorization statute. The
portion of the Act covering the Fort McHenry work was section 29, which
section was not classified to the Code.
This section and sections 437, 438, and 440 of this title were
derived from act Mar. 3, 1925. See Codification note set out under
section 437 of this title.
1936 -- Act June 5, 1936, substituted ''six hundred and eighty feet''
for ''six hundred and fifty feet''.
Transfer of administrative functions of park, see note set out under
section 437 of this title.
Termination of state of war and national emergencies, see note set
out under section 437 of this title.
16 USC 440. Closure in times of national emergency
TITLE 16 -- CONSERVATION
The Secretary of the Interior may, in case of a national emergency,
close the said Fort McHenry and it may be used for any and all military
purposes during the period of the emergency and for such period of time
thereafter, as the public needs may require.
(May 26, 1914, ch. 100, 38 Stat. 382; Mar. 3, 1925, ch. 425, 43
Stat. 1109; Ex. Ord. No. 6166, 2, June 10, 1933; Ex. Ord. No. 6228, 1,
July 28, 1933.)
A proviso at the close of act Mar. 3, 1925, authorizing the disposal
of the useless temporary buildings constructed during the World War and
appropriating a sum from the proceeds thereof for the purposes of the
act has been omitted as temporary and executed.
This section and sections 437 to 439 of this title were derived from
act Mar. 3, 1925. See Codification note set out under section 437 of
this title.
Transfer of administrative functions of park, see note set out under
section 437 of this title.
Termination of state of war and national emergencies, see note set
out under section 437 of this title.
16 USC 440a. Change in name of Fort McHenry Park
TITLE 16 -- CONSERVATION
The Fort McHenry National Park, in the State of Maryland, authorized
by sections 437 to 440 of this title, shall hereafter be called and
known as the ''Fort McHenry National Monument and Historic Shrine'', and
all moneys heretofore or hereafter appropriated for this area under
previous designations may be used in this area as redesignated.
(Aug. 11, 1939, ch. 686, 53 Stat. 1405.)
Section consists of a part of act Aug. 11, 1939. The remainder,
relating to changing the name of ''Abraham Lincoln National Park'' to
''Abraham Lincoln National Historical Park'' is set out as section 217
of this title.
16 USC 441. Badlands National Park; establishment
TITLE 16 -- CONSERVATION
When a quantum, satisfactory to the Secretary of the Interior, of the
privately owned lands lying within the area hereinafter described shall
have been acquired and transferred to the United States for park
purposes, without expense to the Federal Treasury, such areas are
dedicated and set apart as a national park for the benefit and enjoyment
of the people, under the name of the Badlands National Park: Provided,
That the State of South Dakota shall have first constructed the highways
hereinafter described.
(Mar. 4, 1929, ch. 693, 1, 45 Stat. 1553; Nov. 10, 1978, Pub. L.
95-625, title VI, 611, 92 Stat. 3521.)
Hereinafter, referred to in text, means act Mar. 4, 1929 which is
classified to sections 441 to 441e of this title. For classification of
this Act to the Code, see Tables.
Words ''park'' and ''Park'' substituted in text for ''monument'' and
''Monument'', respectively, pursuant to Pub. L. 95-625, 611, which is
classified to section 441e-1 of this title and which redesignated the
Badlands National Monument as the Badlands National Park.
Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1923, provided
that: ''hereafter the Cedar Pass Visitor Center at Badlands National
Park, South Dakota, shall be known as the Ben Reifel Visitor Center''.
16 USC 441a. Boundaries
TITLE 16 -- CONSERVATION
The areas to be included in said Badlands National Park are situated
in the State of South Dakota and lie within the boundaries particularly
described as follows: Beginning at the northeast corner section 13,
township 3 south, range 18 east, Black Hills meridian; thence west
one-fourth mile; thence south one mile; thence west one-fourth mile;
thence south one-fourth mile; thence west one mile; thence south
one-fourth mile; thence west one-fourth mile; thence north one mile;
thence west one and one-fourth miles; thence north one-half mile;
thence west three miles, to the northwest corner section 18, township 3
south, range 18 east, Black Hills meridian.
Thence north one-fourth mile; thence west one-half mile; thence
north one-fourth mile; thence west three-fourth mile; thence south
one-fourth mile; thence west one-fourth mile; thence north one-fourth
mile; thence west three-fourths mile; thence south one-fourth mile;
thence west one-half mile; thence south one-half mile; thence west one
mile; thence north one-fourth mile; thence west one-fourth mile;
thence north one-fourth mile; thence west one and one-fourth miles;
thence north one-fourth mile; thence west one-fourth mile; thence
north three-fourths mile; thence west one and one-fourth miles; thence
north one-half mile, to the northeast corner section 2, township 3
south, range 16 east, Black Hills meridian.
Thence west one-half mile; thence north one mile; thence west
one-fourth mile; thence north one-half mile; thence west three-fourths
mile; thence north one-half mile; thence west one-half mile; thence
north two miles; thence west eight miles; thence south one-half mile;
thence west one mile; thence north one-half mile, to the northeast
corner section 13, township 2 south, range 14 east, Black Hills
meridian.
Thence west one mile; thence south one mile; thence east one-half
mile; thence south one-half mile; thence west one-half mile; thence
south two and one-half miles; thence east one and one-fourth miles;
thence south one mile; thence east three-fourths mile, to the northeast
corner section 7, township 3 south, range 15 east, Black Hills meridian.
Thence south one-fourth mile; thence east one-fourth mile; thence
south one-half mile; thence west one-fourth mile; thence south
one-fourth mile; thence west one mile; thence south one and
three-fourths miles; thence east one mile; thence north three-fourths
mile; thence east two miles; thence north one-half mile; thence east
three-fourths mile; thence north one-fourth mile; thence east one-half
mile; thence north three-fourths mile; thence west one-fourth mile;
thence north three-fourths mile; thence west one-fourth mile; thence
north one-fourth mile; thence west one-fourth mile; thence north
one-fourth mile; thence east one-fourth mile; thence north one-half
mile; thence east one mile; thence south one-fourth mile; thence east
one and three-fourths miles; thence north one-half mile; thence west
one-half mile; thence north one-half mile, to the northwest corner
section 31, township 2 south, range 16 east, Black Hills meridian.
Thence east one-half mile; thence south one-fourth mile; thence
east one mile; thence south one-fourth mile; thence east one and
three-fourths miles; thence south three-fourths mile; thence east
three-fourths mile; thence south three-fourths mile; thence east
one-half mile; thence south one-fourth mile; thence east one-fourth
mile; thence south one-fourth mile; thence east one-fourth mile;
thence south one-fourth mile; thence east one-fourth mile; thence
south one-fourth mile; thence east one-fourth mile; thence south
one-fourth mile; thence east one-half mile; thence south one and
one-fourth miles; thence east three-fourths mile; thence north
one-half mile; thence east one-fourth mile, to the northeast corner
section 19, township 3 south, range 17 east, Black Hills meridian.
Thence north one-half mile; thence east three-fourths mile; thence
south two miles; thence east one and one-half miles; thence north one
and one-half miles; thence east two miles; thence south one-fourth
mile; thence east one-fourth mile; thence south one-fourth mile;
thence east one-half mile; thence south one-fourth mile; thence east
one-half mile; thence south one-fourth mile; thence east one-half
mile, to the northeast corner section 30, township 3 south, range 18
east, Black Hills meridian.
Thence south three-fourths mile; thence east one-fourth mile;
thence south one-fourth mile; thence east one-half mile; thence north
one-fourth mile; thence east one and one-fourth miles; thence south
one-fourth mile; thence east three miles, to the northeast corner of
section 36, township 3 south, range 18 east, Black Hills meridian.
Thence north one mile; thence east one mile; thence north one-half
mile; thence west one-fourth mile; thence north one-fourth mile;
thence west one-fourth mile; thence north one and one-fourth miles;
thence west one-half mile to the point of beginning.
(Mar. 4, 1929, ch. 693, 2, 45 Stat. 1554; Nov. 10, 1978, Pub. L.
95-625, title VI, 611, 92 Stat. 3521.)
''Park'' substituted for ''Monument'' in first undesignated par.
pursuant to Pub. L. 95-625, 611, which is classified to section 441e-1
of this title and which redesignated Badlands National Monument as
Badlands National Park.
Act June 26, 1936, ch. 842, title II, 1, 49 Stat. 1979, provided
that the boundaries of the Badlands National Monument as established by
this section shall be ''extended to include such lands adjacent or
contiguous thereto, in the State of South Dakota, including, but not
being restricted to, lands designated as submarginal by the Resettlement
Administration, as may be determined by the President, by proclamation,
within five years following the approval of this Act, to be necessary
for the proper rounding out of the boundaries of said Monument or the
administration thereof, providing the entire area of such Monument shall
not exceed 250,000 acres.''
The provisions of sections 1 and 2 to 4 of this title were made
applicable to the above added lands by act June 26, 1936, ch. 842,
title II, 2, 49 Stat. 1979.
16 USC 441b. Construction of highway by State of South Dakota
TITLE 16 -- CONSERVATION
The establishment of said park is conditioned upon the State of South
Dakota first constructing the following highway in a manner satisfactory
to the Secretary of the Interior: A highway commencing at the
corporation limits of the town of Interior, thence going in a
northwesterly direction to and over Big Foot Pass, and through the
region known as The Pinnacles; thence in a westerly direction to Sage
Creek, being a total distance of about thirty miles.
(Mar. 4, 1929, ch. 693, 3, 45 Stat. 1555; Nov. 10, 1978, Pub. L.
95-625, title VI, 611, 92 Stat. 3521.)
Word ''park'' substituted in text for ''monument'' pursuant to Pub.
L. 95-625, 611, which is classified to section 441e-1 of this title and
which redesignated Badlands National Monument as Badlands National Park.
16 USC 441c. Administration, protection, and promotion; franchises for
hotel and lodge accommodations
TITLE 16 -- CONSERVATION
The administration, protection, and promotion of said Badlands
National Park shall be exercised under the direction of the Secretary of
the Interior by the National Park Service, subject to the provisions of
sections 1 and 2 to 4 of this title: Provided, That in advance of the
fulfillment of the conditions herein the Secretary of the Interior may
grant franchises for hotel and for lodge accommodations under the
provisions of this section.
(Mar. 4, 1929, ch. 693, 4, 45 Stat. 1555; Nov. 10, 1978, Pub. L.
95-625, title VI, 611, 92 Stat. 3521.)
''Park'' substituted in text for ''Monument'' pursuant to Pub. L.
95-625, 611, which is classified to section 441e-1 of this title and
which redesignated Badlands National Monument as Badlands National Park.
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.
16 USC 441d. Examinations, excavations, and gathering of objects of
interest within park
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to permit examinations,
excavations, and gathering of objects of interest within said park by
any person or persons whom he may deem properly qualified to conduct
such examinations, excavations, or gatherings, subject to such rules and
regulations as he may prescribe: Provided, That the examinations,
excavations, and gatherings are undertaken only for the benefit of some
reputable museum, university, college, or other recognized scientific or
educational institution, with a view to increasing the knowledge of such
objects and aiding the general advancement of geological and zoological
science.
(Mar. 4, 1929, ch. 693, 5, 45 Stat. 1555; Nov. 10, 1978, Pub. L.
95-625, title VI, 611, 92 Stat. 3521.)
Word ''park'' substituted in text for ''monument'' pursuant to Pub.
L. 95-625, 611, which is classified to section 441e-1 of this title and
which redesignated Badlands National Monument as Badlands National Park.
16 USC 441e. Effective date of sections 441 to 441d
TITLE 16 -- CONSERVATION
Sections 441 to 441d of this title shall become effective if and when
all of the above conditions shall have been fully complied with to the
satisfaction of the President of the United States, who shall then issue
a proclamation declaring that the conditions precedent herein required
have been complied with, and said proclamation shall formally dedicate
and set aside the areas herein described in accordance with the
provisions of section 441 of this title.
(Mar. 4, 1929, ch. 693, 6, 45 Stat. 1555.)
Proclamation declaring that conditions precedent required by sections
441 to 441d of this title have been complied with, and formally
dedicating and setting aside the areas therein described was issued by
the President on Jan. 25, 1939. See Proc. No. 2320, Jan. 25, 1939, 4
F.R. 457, 53 Stat. 2521.
16 USC 441e-1. Change in name of Badlands National Monument
TITLE 16 -- CONSERVATION
The area formerly known as the ''Badlands National Monument'',
established by Presidential Proclamation of January 25, 1939 (53 Stat.
2521), shall henceforth be known as the ''Badlands National Park''.
(Pub. L. 95-625, title VI, 611, Nov. 10, 1978, 92 Stat. 3521.)
16 USC 441f. Adjustment and redefinition of boundaries
TITLE 16 -- CONSERVATION
In order to establish a more appropriate boundary for the Badlands
National Park and to consolidate Federal land ownership therein, the
Secretary of the Interior, in his discretion, is authorized to adjust
and redefine the exterior boundaries of the national park by appropriate
reductions or additions of land: Provided, That the total acreage of
the national park, as revised pursuant to sections 441f to 441i of this
title, shall not exceed its area of approximately one hundred fifty-four
thousand one hundred and nineteen acres as of May 7, 1952.
(May 7, 1952, ch. 244, 1, 66 Stat. 65; Nov. 10, 1978, Pub. L.
95-625, title VI, 611, 92 Stat. 3521.)
Reference to the monument's approximately 154,119 acre area as of
''May 7, 1952'' was substituted for a reference in the original to the
monument's ''present'' area.
Words ''Park'' and ''park'' substituted in text for ''Monument'' and
''monument'', respectively, pursuant to Pub. L. 95-625, 611, which is
classified to section 441e-1 of this title and which redesignated
Badlands National Monument as Badlands National Park.
16 USC 441g. Orders to effectuate revision of boundaries; publication
TITLE 16 -- CONSERVATION
The revision of boundaries of the national park, as authorized in
section 441f of this title, shall be accomplished by the issuance, by
the Secretary of the Interior, of an appropriate order, or orders, such
order or orders to be effective upon publication in the Federal
Register: Provided, That federally owned land under the administrative
jurisdiction of any other department or agency of the Federal Government
shall be included within the park only with the approval of the head of
such department or agency.
(May 7, 1952, ch. 244, 2, 66 Stat. 65; Nov. 10, 1978, Pub. L.
95-625, title VI, 611, 92 Stat. 3521.)
Section 441f of this title, referred to in text, was in the original
''sections 1 and 5 of this Act''. Section 1 of the Act is classified to
section 441f of this title. Section 5 is probably a reference to
section 5 of the original bill, which would have authorized the
inclusion of up to 4,000 acres of the Pine Ridge Indian Reservation
within the Badlands National Monument. Such section 5 was stricken from
the bill by Senate amendment, and as enacted the Act contained only four
sections.
Word ''park'' substituted in text for ''monument'' pursuant to Pub.
L. 95-625, 611, which is classified to section 441e-1 of this title and
which redesignated Badlands National Monument as Badlands National Park.
16 USC 441h. Jurisdiction of mining and mineral rights; patents
TITLE 16 -- CONSERVATION
Administrative jurisdiction over all Federal lands eliminated from
the park, by the issuance of an order or orders of the Secretary of the
Interior, is transferred to the Secretary of Agriculture for use,
administration, and disposition in accordance with the provisions of
title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.)
and the related provisions of title IV thereof: Provided, That all of
such lands formerly set apart and reserved from the public domain shall
be subject to the mining and minerals-leasing laws: And provided
further, That any disposition of any such lands formerly set apart and
reserved from the public domain shall be evidenced by patents issued by
the Secretary of the Interior.
(May 7, 1952, ch. 244, 3, 66 Stat. 65; Nov. 10, 1978, Pub. L.
95-625, title VI, 611, 92 Stat. 3521.)
The Bankhead-Jones Farm Tenant Act, referred to in text, is act July
22, 1937, ch. 517, 50 Stat. 522, as amended. Title III of the Act is
classified generally to subchapter III ( 1010 et seq.) of chapter 33 of
Title 7, Agriculture. Title IV thereof, referred to in text, which was
classified to sections 1014 to 1029 of title 7, was repealed by act June
25, 1948, ch. 645, 21, 62 Stat. 862, and by Pub. L. 87-128, title
III, 341(a), Aug. 8, 1961, 75 Stat. 318. For complete classification
of this Act to the Code, see section 1000 of Title 7 and Tables.
The mining and minerals-leasing laws, referred to in text, are
classified generally to Title 30, Mineral Lands and Mining.
Word ''park'' substituted in text for ''monument'' pursuant to Pub.
L. 95-625, 611, which is classified to section 441e-1 of this title and
which redesignated Badlands National Monument as Badlands National Park.
title.
16 USC 441i. Exchanges of land
TITLE 16 -- CONSERVATION
In order that exchanges of land may be effectuated for the purposes
of sections 441f to 441i of this title, the Secretary of the Interior is
authorized, in his discretion and in accordance with the provisions of
section 255 of title 40, to accept, on behalf of the United States,
title to any land or interests in land within the exterior boundaries of
the Badlands National Park as revised pursuant to sections 441f to 441i
of this title, and, in exchange therefor, with the approval and
concurrence of the Secretary of Agriculture, the Secretary of the
Interior may patent lands of approximately equal value which were
formerly set apart and reserved from the public domain within the
Badlands Fall River soil conservation project, SD-LU-1. In effectuating
such exchanges, in lieu of conveyances by the Secretary of the Interior,
the Secretary of Agriculture may convey lands of approximately equal
value within said project which have been acquired heretofore by the
United States. All such exchanges shall, in all other respects, be
considered as exchanges under the provisions of section 32c, title III,
of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)) and shall
otherwise be in accordance with provisions of said Act (7 U.S.C. 1000 et
seq.); except that, upon acceptance of title to any lands so acquired
by the United States under this section, such lands and any other lands
acquired otherwise by the United States within the park boundaries shall
be a part of that area. In consummating land exchanges hereunder upon an
equitable basis, patents and instruments of conveyance may be issued,
and property may be accepted, by the United States, subject to such
reservations as may be necessary or in the public interest.
(May 7, 1952, ch. 244, 4, 66 Stat. 66; Nov. 10, 1978, Pub. L.
95-625, title VI, 611, 92 Stat. 3521.)
The Bankhead-Jones Farm Tenant Act, referred to in text, is act July
22, 1937, ch. 517, 50 Stat. 522, as amended, which is classified
generally to chapter 33 ( 1000 et seq.) of Title 7, Agriculture. For
complete classification of this Act to the Code, see section 1000 of
Title 7 and Tables.
Words ''Park'' and ''park'' substituted in text for ''Monument'' and
''monument'', respectively, pursuant to Pub. L. 95-625, 611, which is
classified to section 441e-1 of this title and which redesignated
Badlands National Monument as Badlands National Park.
16 USC 441j. Revision of boundaries
TITLE 16 -- CONSERVATION
In order to include lands of outstanding scenic and scientific
character in the Badlands National Park, the boundaries of the park are
revised as generally depicted on the map entitled ''Badlands National
Monument'', numbered NM-BL-7021B, dated August 1967, which is on file
and available for public inspection in the offices of the National Park
Service, Department of the Interior. The Secretary of the Interior may
make minor adjustments in the boundaries, but the total acreage in the
park may not exceed the acreage within the boundaries depicted on the
map referred to herein. Lands within the boundaries of the park that
are acquired by the United States shall be subject to the laws and
regulations applicable to the park.
(Pub. L. 90-468, 1, Aug. 8, 1968, 82 Stat. 663; Pub. L. 95-625,
title VI, 611, Nov. 10, 1978, 92 Stat. 3521.)
Words ''Park'' and ''park'' substituted in text for ''Monument'' and
''monument'', respectively, pursuant to Pub. L. 95-625, 611, which is
classified to section 441e-1 of this title and which redesignated
Badlands National Monument as Badlands National Park.
16 USC 441k. Acquisition of property for park
TITLE 16 -- CONSERVATION
(a) Consent of State or Oglala Sioux Tribe of South Dakota; transfer
from Federal agency
Subject to the provisions of subsection (b) of this section, the
Secretary of the Interior may, within the boundaries of the park,
acquire lands and interests in lands by donation, purchase with donated
or appropriated funds, or exchange, except that any lands or interests
in lands owned by the State of South Dakota, a political subdivision
thereof, or the Oglala Sioux Tribe of South Dakota may be acquired only
with the consent of owner. Notwithstanding any other provision of law,
lands and interests in lands located within the park under the
administrative jurisdiction of any other Federal agency may be
transferred to the administrative jurisdiction of the Secretary without
a transfer of funds.
(b) Easements
As to lands located within the boundaries of the park but outside the
boundaries of the gunnery range referred to in section 441l of this
title, the Secretary of the Interior may acquire only rights-of-way and
scenic easements.
(Pub. L. 90-468, 2, Aug. 8, 1968, 82 Stat. 663; Pub. L. 95-625,
title VI, 611, Nov. 10, 1978, 92 Stat. 3521.)
Word ''park'' substituted in text for ''monument'' pursuant to Pub.
L. 95-625, 611, which is classified to section 441e-1 of this title and
which redesignated Badlands National Monument as Badlands National Park.
title 25 section 459.
16 USC 441l. Exchange of lands; transfer from Federal agency to
administrative jurisdiction of Secretary; terms and conditions of
purchase
TITLE 16 -- CONSERVATION
Inasmuch as (A) most of the lands added to the Badlands National Park
by section 441j of this title are inside the boundaries of the Pine
Ridge Sioux Indian Reservation, (B) such lands are also within a tract
of land forty-three miles long and twelve and one-half miles wide which
is in the north-western part of such Indian reservation and has been
used by the United States Air Force as a gunnery range since the early
part of World War II, (C) the tribal lands within such gunnery range
were leased by the Federal Government and the other lands within such
gunnery range were purchased by the Federal Government from the
individual owners (mostly Indians), (D) the Department of the Air Force
has declared most of such gunnery range lands excess to its needs and
such excess lands have been requested by the National Park Service under
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
471 et seq.), (E) the leased tribal lands and the excess lands within
the enlarged Badlands National Park are needed for the park, (F) the
other excess lands in such gunnery range should be restored to the
former Indian owners of such lands, and (G) the tribe is unwilling to
sell its tribal lands for inclusion in the national park, but is willing
to exchange them or interests therein for the excess gunnery range
lands, which, insofar as the lands within the gunnery range formerly
held by the tribe are concerned, should be returned to Indian ownership
in any event, the Congress hereby finds that such exchange would be in
the national interest and authorizes the following actions:
(a) All Federal lands and interests in lands within the Badlands Air
Force gunnery range that are outside the boundaries of the park and that
heretofore or hereafter are declared excess to the needs of the
Department of the Air Force shall be transferred to the administrative
jurisdiction of the Secretary of the Interior without a transfer of
funds.
(b) Any former Indian or non-Indian owner of a tract of such land,
whether title was held in trust or fee, may purchase such tract from the
Secretary of the Interior under the following terms and conditions:
(1) The purchase price to a former Indian owner shall be the total
amount paid by the United States to acquire such tract and all interests
therein, plus interest thereon from the date of acquisition at a rate
determined by the Secretary of the Treasury taking into consideration
the average market yield of all outstanding marketable obligations of
the United States at the time the tract was acquired by the United
States, adjusted to the nearest one-eighth of 1 per centum. The
purchase price to a former non-Indian owner shall be present fair market
value of the tract as determined by the Secretary of the Interior.
(2) Not less than $100 or 20 per centum of the purchase price,
whichever is less, shall be paid at the time of purchase, and the
balance shall be payable in not to exceed 20 years with interest at a
rate determined by the Secretary of the Treasury taking into account the
current average market yield on outstanding marketable obligations of
the United States with twenty years remaining to date of maturity,
adjusted to the nearest one-eighth of 1 per centum.
(3) Title to the tract purchased shall be held in trust for the
purchaser if it was held in trust status at the time the tract was
acquired by the United States; otherwise, the title to the tract
purchased shall be conveyed to the purchaser subject to a mortgage and
such other security instruments as the Secretary deems appropriate. If a
tract purchased under this subsection is offered for resale during the
following ten-year period, the tribe must be given the first right to
purchase it.
(4) The unpaid balance of the purchase price shall be a lien against
the land if the title is held in trust and against all rents, bonuses,
and royalties received therefrom. In the event of default in the
payment of any installment of the purchase price the Secretary may take
such action to enforce the lien as he deems appropriate, including
foreclosure and conveyance of the land to the Oglala Sioux Tribe.
(5) An application to purchase the tract must be filed with the
Secretary of the Interior within one year from the date a notice is
published in the Federal Register that the tract has been transferred to
the jurisdiction of the Secretary.
(6) No application may be filed by more than five of the former
owners of an interest in the tract. If more than one such application
is filed for a tract the applicants must agree on not more than five of
the former owners who shall make the purchase, and failing such
agreement all such applications for the tract shall be rejected by the
Secretary.
(7) ''Former owner'' means, for the purposes of subsection (b) of
this section, each person from whom the United States acquired an
interest in the tract, or if such person is deceased, his spouse, or if
such spouse is deceased, his children.
(Pub. L. 90-468, 3, Aug. 8, 1968, 82 Stat. 663; Pub. L. 95-625,
title VI, 611, Nov. 10, 1978, 92 Stat. 3521.)
The Federal Property and Administrative Services Act of 1949,
referred to in the provision preceding subsec. (a), is act June 30,
1949, ch. 288, 63 Stat. 377, as amended. Provisions of that act
relating to disposal of Government property are classified to chapter 10
( 471 et seq.) of Title 40, Public Buildings, Property, and Works. For
complete classification of this Act to the Code, see Short Title note
set out under section 471 of Title 40 and Tables.
In provision preceding subsec. (a) and in subsec. (a), ''Park'' and
''park'' substituted for ''Monument'' and ''monument'', respectively,
pursuant to Pub. L. 95-625, 611, which is classified to section 441e-1
of this title and which redesignated Badlands National Monument as
Badlands National Park.
16 USC 441m. Disposition of excess gunnery range lands and reservation
lands; purchase; terms and conditions; life estates and use
restrictions
TITLE 16 -- CONSERVATION
(a) Gunnery range lands; reservation lands
All Federal lands and interests in lands within the Badlands Air
Force gunnery range that are outside the boundaries of the park, and
that have been declared excess to the needs of the Department of the Air
Force, and that are not purchased by former owner under section 441l(b)
of this title, and all lands that have been acquired by the United
States under authority of title II of the National Industrial Recovery
Act of June 16, 1933 (48 Stat. 200), and subsequent relief Acts,
situated within the Pine Ridge Indian Reservation, administrative
jurisdiction over which has heretofore been transferred by the President
from the Secretary of Agriculture to the Secretary of the Interior by
Executive Order Numbered 7868, dated April 15, 1938, shall be subject to
the following provisions of this section.
(b) Purchases
Any former Indian owner of land that is within the Badlands Air Force
gunnery range and outside the boundaries of the park and that has not
been declared excess to the needs of the Department of the Air Force on
August 8, 1968, may, within the period specified in section 441l(b)(5)
of this title, elect (i) to purchase an available tract of land
described in subsection (a) of this section of substantially the same
value, or (ii) to purchase the tract formerly owned by him at such time
as such tract is declared excess and transferred to the Secretary of the
Interior as provided in section 441l(a) of this title.
(c) Life estates and use restrictions
Any former Indian owner of a tract of land within the boundaries of
the park that was acquired by the United States for the Badlands Air
Force gunnery range, and that is transferred to the Secretary of the
Interior pursuant to section 441k of this title, may, within the period
specified in section 441l(b)(5) of this title, elect (i) to acquire from
the Secretary of the Interior a life estate in such tract at no cost,
subject to restrictions on use that may be prescribed in regulations
applicable to the park, or (ii) to purchase an available tract of land
described in subsection (a) of this section of substantially the same
value.
(d) Purchase restrictions
Purchases under subsection (b) and clause (ii) of subsection (c) of
this section shall be made on the terms provided in section 441l(b) of
this title.
(Pub. L. 90-468, 4, Aug. 8, 1968, 82 Stat. 664; Pub. L. 95-625,
title VI, 611, Nov. 10, 1978, 92 Stat. 3521.)
Title II of the National Industrial Recovery Act of June 16, 1933 (48
Stat. 200), referred to in subsec. (a), is title II of act June 16,
1933, ch. 90, 48 Stat. 200, as amended, which was classified generally
to chapter 8 ( 401 et seq.) of Title 40, Public Buildings, Property, and
Works. The provisions were terminated June 30, 1943 by act June 27,
1942, ch. 450, 1, 56 Stat. 410.
Executive Order Numbered 7868, dated April 15, 1938, referred to in
subsec. (a), was not classified to the Code.
Word ''park'' substituted for ''monument'' in subsecs. (a) to (c)
pursuant to Pub. L. 95-625, 611, which is classified to section 441e-1
of this title and which redesignated Badlands National Monument as
Badlands National Park.
16 USC 441n. Lands outside gunnery range; exchange of lands;
reservation of mineral rights; grazing and mineral development rights
of Indians; execution of instruments; trust title
TITLE 16 -- CONSERVATION
(a) Exchange of lands; mineral and grazing rights
Title to all Federal lands and interests in land within the
boundaries of the Badlands Air Force gunnery range that are outside the
boundaries of the park, and that are transferred to the administrative
jurisdiction of the Secretary of the Interior as provided in section
441l(a) of this title, including lands hereafter declared to be excess,
and that are not selected under sections 441l(b) or 441m of this title,
and title to all lands within the boundaries of the park that were
acquired by the United States for the Badlands Air Force gunnery range,
subject to any life estate conveyed pursuant to section 441m(c) of this
title and subject to restrictions on use that may be prescribed in
regulations applicable to the park, which regulations may include
provisions for the protection of the black-footed ferret, may be
conveyed to the Oglala Sioux Tribe in exchange (i) for the right of the
United States to use all tribal land within the park for park purposes,
including the right to manage fish and wildlife and other resources and
to construct visitor use and administrative facilities thereon, and (ii)
for title to three thousand one hundred fifteen and sixty-three
one-hundredths acres of land owned by the Oglala Sioux Tribe and located
in the area of the Badlands Air Force gunnery range which is not excess
to the needs of the Department of the Air Force and which is encompassed
in civil action numbered 859 W.D. in the United States District Court
for the District of South Dakota, if such exchange is approved by the
Oglala Sioux Tribal Council. The lands acquired under paragraph (ii)
shall become a part of the Badlands Air Force gunnery range retained by
the Department of the Air Force. The United States and the Oglala Sioux
Tribe shall reserve all mineral rights in the lands so conveyed. The
right of the United States to use for park purposes lands that were
tribally owned prior to August 8, 1968, shall not impair the right of
the Oglala Sioux Tribe to use such lands for grazing purposes and
mineral development, including development for oil and gas.
(b) Execution of instruments
The Oglala Sioux Tribal Council may authorize the execution of the
necessary instruments to effect the exchange on behalf of the tribe, and
the Secretary may execute the necessary instruments on behalf of the
United States.
(c) Trust title
After the exchange is effected the title of the Oglala Sioux Tribe to
the property acquired by the exchange shall be held in trust subject to
the same restrictions and authorities that apply to other lands of the
tribe that are held in trust.
(Pub. L. 90-468, 5, Aug. 8, 1968, 82 Stat. 665; Pub. L. 95-625,
title VI, 611, Nov. 10, 1978, 92 Stat. 3521.)
Word ''park'' substituted for ''monument'' in subsec. (a) pursuant
to Pub. L. 95-625, 611, which is classified to section 441e-1 of this
title and which redesignated Badlands National Monument as Badlands
National Park.
16 USC 441o. Facilities for interpretation of park and history of Sioux
Nation; conveyance of reservation lands; submission of terms to
Congressional committees
TITLE 16 -- CONSERVATION
The Oglala Sioux Tribe may convey and the Secretary of the Interior
may acquire not to exceed forty acres of tribally owned lands on the
Pine Ridge Indian Reservation for the purpose of erecting thereon
permanent facilities to be used to interpret the natural phenomena of
the park and the history of the Sioux Nation: Provided, That no such
conveyance shall be made until sixty days after the terms thereof have
been submitted to the Interior and Insular Affairs Committees of the
House of Representatives and the Senate.
(Pub. L. 90-468, 6, Aug. 8, 1968, 82 Stat. 666; Pub. L. 95-625,
title VI, 611, Nov. 10, 1978, 92 Stat. 3521.)
Word ''park'' substituted in text for ''monument'' pursuant to Pub.
L. 95-625, 611, which is classified to section 441e-1 of this title and
which redesignated Badlands National Monument as Badlands National Park.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
16 USC 442. George Washington Birthplace National Monument
TITLE 16 -- CONSERVATION
The land owned by the United States at Wakefield, Westmoreland
County, Virginia, and all structures thereon shall constitute the George
Washington Birthplace National Monument at Wakefield, Virginia, which is
established and set apart for the preservation of the historical
associations connected therewith, for the benefit and enjoyment of the
people, and the said national monument shall be after January 23, 1930,
administered by the National Park Service under the direction of the
Secretary of the Interior subject to the provisions of sections 1 and 2
to 4 of this title, as amended.
(Jan. 23, 1930, ch. 24, 1, 2, 46 Stat. 58.)
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.
Additional lands were added to and made part of the monument by
Presidential Proc. No. 1944, Mar. 30, 1931, 47 Stat. 2446.
16 USC 443 to 443f. Transferred
TITLE 16 -- CONSERVATION
Sections, acts July 3, 1930, ch. 837, 1-7, 46 Stat. 856; Mar. 3,
1931, ch. 405, 46 Stat. 1490; June 5, 1936, ch. 525, 1, 2, 49 Stat.
1483, relating to the Colonial National Historical Park, were
transferred to sections 81, 81a, 81c, and 81e to 81i of this title.
16 USC 444. Petrified Forest National Monument; elimination of private
holdings of land within boundaries; exchange of lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior, for the purpose of eliminating private
holdings of land within the Petrified Forest National Monument, Arizona,
is empowered, in his discretion, to obtain for the United States the
complete title to any or all of the lands held in private ownership
within the boundaries of the Petrified Forest National Monument,
Arizona, as now or as may be hereafter defined, by accepting from the
owners of such privately owned lands complete relinquishment thereof and
by granting and patenting to such owners in exchange therefor, in each
instance, like public lands of equal value situated in Navajo and/or
Apache Counties, in the State of Arizona, after due notice of the
proposed exchange has been given by publication for not less than thirty
days in the counties where the lands proposed to be exchanged or taken
in exchange are located: Provided, That the Secretary of the Interior
shall, on application or otherwise, designate public lands located
outside the extreme boundaries of the said monument subject to exchange
under this section which are, in his opinion, chiefly valuable for
grazing and raising forage crops, do not contain merchantable timber,
are not susceptible of irrigation from any known source of water supply,
and are of character similar to the privately owned lands offered in
exchange.
(May 14, 1930, ch. 271, 1, 46 Stat. 278.)
Disestablishment of Petrified Forest National Monument upon
establishment of Petrified Forest National Park, see section 119 of this
title.
16 USC 444a. Ascertainment of value of lands offered for exchange;
evidence of title
TITLE 16 -- CONSERVATION
The value of all patented lands within said monument offered for
exchange, and the value of the lands of the United States to be given in
exchange therefor, shall be ascertained in such manner as the Secretary
of the Interior may direct; and the owners of such privately owned
lands within said monument shall, before any exchange is effective,
furnish the Secretary of the Interior evidence satisfactory to him of
title to the patented lands offered in exchange; and lands conveyed to
the United States under section 444 of this title shall be and remain a
part of the Petrified Forest National Monument.
(May 14, 1930, ch. 271, 2, 46 Stat. 278.)
Disestablishment of Petrified Forest National Monument upon
establishment of Petrified Forest National Park, see section 119 of this
title.
16 USC 445. Canyon De Chelly National Monument; establishment;
boundaries
TITLE 16 -- CONSERVATION
With the consent of the tribal council of the Navajo Tribe of
Indians, the President of the United States is authorized to establish
by presidential proclamation the Canyon De Chelly National Monument,
within the Navajo Indian Reservation, Arizona, including the lands
hereinafter described.
All lands in Del Muerto, De Chelly, and Monument Canyons, in the
canyons tributary thereto, and the lands within one-half mile of the
rims of the said canyons, situated in unsurveyed townships 4 and 5
north, range 7 west; townships 4, 5, and 6 north, range 8 west;
townships 4 and 5 north, range 9 west; and in surveyed townships 4 and
5 north, range 6 west; townships 3, 6, and 7 north, range 7 west;
township 6 north, range 9 west; and township 5 north, range 10 west;
embracing about eighty-three thousand eight hundred and forty acres, all
of the Navajo meridian, in Arizona.
(Feb. 14, 1931, ch. 188, 1, 46 Stat. 1161; Mar. 1, 1933, ch. 161, 47
Stat. 1419.)
1933 -- Act Mar. 1, 1933, redescribed lands referred to in second
par.
Monument and boundaries established by Presidential Proc. No. 1945,
Apr. 1, 1931, 47 Stat. 2448; Proc. No. 2036, Mar. 3, 1933, 47 Stat.
2562.
16 USC 445a. Rights and privileges of Navajo Indians in canyons
TITLE 16 -- CONSERVATION
Nothing herein shall be construed as in any way impairing the right,
title, and interest of the Navajo Tribe of Indians which they now have
and hold to all lands and minerals, including oil and gas, and the
surface use of such lands for agricultural, grazing, and other purposes,
except as defined in section 445b of this title; and the said tribe of
Indians is granted the preferential right, under regulations to be
prescribed by the Secretary of the Interior, of furnishing riding
animals for the use of visitors to the monument.
(Feb. 14, 1931, ch. 188, 2, 46 Stat. 1161.)
Herein, referred to in text, means act Feb. 14, 1931, which is
classified to sections 445 to 445b of this title. For complete
classification of this Act to the Code, see Tables.
16 USC 445b. Administration by National Park Service; powers and
duties
TITLE 16 -- CONSERVATION
The National Park Service, under the direction of the Secretary of
the Interior, is charged with the administration of the area of said
national monument, so far as it applies to the care, maintenance,
preservation and restoration of the prehistoric ruins, or other features
of scientific or historical interest within the area, and shall have the
right to construct upon the lands such roads, trails, or other
structures or improvements as may be necessary in connection with the
administration and protection of the monument, and also the right to
provide facilities of any nature whatsoever required for the care and
accommodation of visitors to the monument.
(Feb. 14, 1931, ch. 188, 3, 46 Stat. 1161.)
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.
16 USC 445c. Pipestone National Monument
TITLE 16 -- CONSERVATION
(a) Establishment; boundaries
The lands lying in Pipestone County, Minnesota, within the area
hereinafter described are dedicated and set apart as a national monument
for the benefit and enjoyment of the people of the United States, under
the name of the ''Pipestone National Monument'': Beginning at a point
twenty-two and four-tenths feet north and forty-five and eight
one-hundredths feet west of the southwest corner of section 1, township
106 north, range 46 west, fifth principal meridian; thence north one
thousand six hundred and fifty-five feet; thence north eighty-nine
degrees fifteen minutes east, seven hundred and eight feet; thence
north no degrees forty-five minutes west, six hundred and seven and
three-tenths feet; thence north sixty-two degrees five minutes east,
nine hundred and eighty-seven and one-tenth feet; thence south
twenty-seven degrees fifty-five minutes east, two hundred and sixty-four
and five-tenths feet; thence south eighty-eight degrees nineteen
minutes east, nine hundred and sixty-seven and five-tenths feet; thence
south no degrees twenty-four minutes east, one hundred and forty-four
and three-tenths feet; thence south eighty-three degrees forty-three
minutes west, four hundred and seventy-two and four-tenths feet; thence
south two degrees seventeen minutes east, two thousand two hundred and
forty-nine feet; thence south eighty-nine degrees twenty minutes west,
four hundred and fifty-eight and two-tenths feet; thence south no
degrees no minutes east, one hundred and one and one-tenth feet; thence
south ninety degrees no minutes west, one hundred and thirty-seven and
two-tenths feet; thence north no degrees no minutes west, one hundred
feet; thence south eighty-nine degrees twenty minutes west, one
thousand six hundred and eighty-three and eight-tenths feet to the point
of beginning; containing approximately one hundred and fifteen and
eighty-six one-hundredths acres, including concourse, excluding from the
area described herein forty-seven one-hundredths acres, constituting a
right-of-way of the Chicago, Rock Island and Pacific Railway.
(b) Administration, protection, and development
The administration, protection, and development of such monument
shall be exercised under the direction of the Secretary of the Interior
by the National Park Service, subject to the provisions of sections 1
and 2 to 4 of this title, as amended.
(c) Quarry rights of Indians
The quarrying of the red pipestone in the lands described in
subsection (a) of this section is expressly reserved to Indians of all
tribes, under regulations to be prescribed by the Secretary of the
Interior.
(Aug. 25, 1937, ch. 768, 1-3, 50 Stat. 804, 805.)
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.
16 USC 445d. Acquisition of additional lands, Pipestone School Reserve
and non-Federal land; redefining of boundaries; quarry rights of
Indians
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to add to the Pipestone
National Monument such part of the Pipestone school reserve, not
exceeding two hundred and fifty acres, as he deems necessary to protect
archeological remains, to acquire by purchase or condemnation not
exceeding ten acres of non-Federal land, as he deems necessary to
improve the boundary and administration of the Pipestone National
Monument Federal land, and to redefine the exterior boundaries of the
Pipestone National Monument to include the lands so transferred and
acquired pursuant to this section. All lands added to the Pipestone
National Monument pursuant to this section shall be subject to the
provisions of subsection (b) and (c) of section 445c of this title.
(June 18, 1956, ch. 401, 70 Stat. 290.)
16 USC 446. Sites for tablets at Antietam; care and supervision
TITLE 16 -- CONSERVATION
All lands acquired by the United States, whether by purchase, gift,
or otherwise, for the purposes of sites for tablets for the marking of
the lines of battle of the Army of the Potomac and of the Army of
Northern Virginia at Antietam, and of the position of each of the
forty-three different commands of the Regular Army engaged in the battle
of Antietam, shall be under the care and supervision of the Secretary of
the Interior.
(Aug. 30, 1890, ch. 837, 1, 26 Stat. 401; Ex. Ord. No. 6166, 2, June
10, 1933; Ex. Ord. No. 6228, 1, July 28, 1933.)
Administrative functions of certain national military parks
transferred to Department of the Interior by Ex. Ord. Nos. 6166 and
6228, set out in notes under section 901 of Title 5, Government
Organization and Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, by act
Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
16 USC 447. Repealed. Pub. L. 94-429, 3(d), Sept. 28, 1976, 90 Stat.
1342
TITLE 16 -- CONSERVATION
Section, act June 13, 1933, ch. 70, 48 Stat. 139, extended mining
laws of United States to lands within the park subject to regulation by
Secretary of the Interior.
Section 3 of Pub. L. 94-429 provided in part that this section was
repealed in order to close area to entry and location under the Mining
Law of 1872, subject to valid existing rights.
16 USC 447a. Ocmulgee National Monument; establishment; acquisition
of property
TITLE 16 -- CONSERVATION
When title to lands commonly known as the ''Old Ocmulgee Fields'',
upon which certain Indian mounds of great historical importance are
located, comprising approximately two thousand acres, in and around the
city of Macon, County of Bibb, State of Georgia, as shall be designated
by the Secretary of the Interior, in the exercise of his judgment and
discretion as necessary for national-monument purposes, shall have been
vested in the United States, said area shall be set aside as a national
monument, by proclamation of the President, and shall be known as the
''Ocmulgee National Monument'': Provided, That the United States shall
not purchase by appropriation of public moneys any lands within the
aforesaid area, but such lands shall be secured by the United States
only by public or private donation.
(June 14, 1934, ch. 519, 1, 48 Stat. 958.)
Monument and boundaries established by Presidential Proc. No. 2212,
Dec. 23, 1936, 50 Stat. 1798; Proc. No. 2493, June 13, 1941, 55 Stat.
1655; Pub. L. 102-67, July 9, 1991, 105 Stat. 325.
16 USC 447b. Donation of property; condemnation proceedings
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept donations of
land, interests in land, buildings, structures, and other property,
within the boundaries of said national monument as determined and fixed
hereunder and donations of funds for the purchase and/or maintenance
thereof, the title and evidence of title to lands acquired to be
satisfactory to the Secretary of the Interior: Provided, That he may
acquire on behalf of the United States under any donated funds by
purchase when purchasable at prices deemed by him reasonable, otherwise
by condemnation under the provisions of sections 257 and 258 of title
40, such tracts of land within the said national monument as may be
necessary for the completion thereof.
(June 14, 1934, ch. 519, 2, 48 Stat. 959.)
Section 258 of title 40, referred to in text, was omitted from the
Code as superseded by rule 71A of the Federal Rules of Civil Procedure,
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
16 USC 447c. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the Ocmulgee
National Monument shall be under the supervision of the Secretary of the
Interior subject to the provisions of sections 1 and 2 to 4 of this
title, as amended.
(June 14, 1934, ch. 519, 3, 48 Stat. 959.)
16 USC 448. Pioneer National Monument; establishment
TITLE 16 -- CONSERVATION
When title to the sites of Fort Boonesborough, Boones Station, Bryans
Station, and Blue Licks Battlefield, in the State of Kentucky,
comprising noncontiguous tracts to be united by a Memorial Highway,
together with such historical structures and remains thereon, as may be
designated by the Secretary of the Interior as necessary or desirable
for national-monument purposes and for the proper commemoration of the
valor and sacrifices of the pioneers of ''the West'', shall have been
vested in the United States, said areas and improvements shall be
designated and set apart by proclamation of the President for
preservation as a national monument for the benefit and inspiration of
the people, and shall be called the ''Pioneer National Monument.''
(June 18, 1934, ch. 573, 1, 48 Stat. 982.)
16 USC 449. Acceptance of donations of land and funds; acquisition of
land
TITLE 16 -- CONSERVATION
The Secretary of the Interior be, and he is, authorized to accept
donations of land, interests in land and/or buildings, structures, and
other property within the boundaries of said national monument as
determined and fixed hereunder, and donations of funds for the purchase
and/or maintenance thereof, the title and evidence of title to lands
acquired to be satisfactory to the Secretary of the Interior: Provided,
That he may acquire on behalf of the United States out of any donated
funds, by purchase at prices deemed by him reasonable, or by
condemnation under the provisions of sections 257 and 258 of title 40,
such tracts of land within the said national monument as may be
necessary for the completion thereof.
(June 18, 1934, ch. 573, 2, 48 Stat. 983.)
Section 258 of title 40, referred to in text, was omitted from the
Code as superseded by rule 71A of the Federal Rules of Civil Procedure,
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
16 USC 450. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the aforesaid
national monument shall be exercised under the direction of the
Secretary of the Interior by the National Park Service, subject to the
provisions of sections 1 and 2 to 4 of this title as amended.
(June 18, 1934, ch. 573, 3, 48 Stat. 983.)
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.
16 USC 450a. Chalmette, Louisiana, Monument
TITLE 16 -- CONSERVATION
The sum of twenty-five thousand dollars is appropriated, or so much
thereof as may be necessary, out of any money in the Treasury of the
United States not otherwise appropriated, for the completion of a
monument to the memory of the soldiers who fell in the battle of New
Orleans in the war of eighteen hundred and twelve, said monument to be
completed under the direction and approval of the Secretary of the Army:
Provided, That the State of Louisiana shall cede and transfer its
jurisdiction to the property on which said monument is to be completed
in accordance with the provisions of act numbered forty-one of the
legislature of that State, approved July nineteenth, nineteen hundred
and two: Provided further, That when said monument is completed the
responsibility of maintaining the same and keeping the grounds
surrounding it shall hereafter rest with the Government of the United
States; and there is authorized to be appropriated from time to time,
out of any money in the Treasury not otherwise appropriated, such sums
as may be necessary for such expenses.
(Mar. 4, 1907, ch. 2928, 34 Stat. 1411; June 2, 1930, ch. 369, 46
Stat. 489; July 26, 1947, ch. 343, title II, 205(a), 61 Stat. 501.)
1930 -- Act June 2, 1930, placed responsibility for maintaining
monument and grounds with United States Government and authorized
appropriations for expenses.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Administrative functions of Chalmette Monument and Grounds, Louisiana
transferred to Department of the Interior by Ex. Ord. No. 6166, 2, and
Ex. Ord. No. 6228, 1, set out as notes under section 901 of Title 5,
Government Organization and Employees. National Park Service
substituted for Office of National Parks, Buildings and Reservations
referred to in Ex. Ord. No. 6166, 2, by act Mar. 2, 1934, ch. 38, 1,
48 Stat. 389.
Designation of lands on which monument erected as Chalmette National
Historical Park, see section 231 of this title.
16 USC 450b to 450e. Repealed. Pub. L. 94-578, title III, 308(e), Oct.
21, 1976, 90 Stat. 2736
TITLE 16 -- CONSERVATION
Section 450b, acts June 18, 1930, ch. 520, 1, 46 Stat. 777; Aug.
13, 1935, ch. 520, 1, 49 Stat. 613; Apr. 15, 1954, ch. 142, 68 Stat.
54, provided for creation of the Appomattox Court House National
Historical Park.
Section 450c, acts June 18, 1930, ch. 520, 2, 46 Stat. 777; Aug.
13, 1935, ch. 520, 1, 49 Stat. 613, authorized appropriation of
$100,000 for the Appomattox Court House National Historical Park.
Section 450d, acts June 18, 1930, ch. 520, 3, 46 Stat. 777; Aug.
13, 1935, ch. 520, 1, 49 Stat. 613, authorized Secretary of the
Interior to accept donations of land or buildings within boundaries of
the park.
Section 450d-1, acts July 17, 1953, ch. 227, 67 Stat. 181; Apr.
15, 1954, ch. 142, 68 Stat. 54, authorized exchange of land in park
for adjacent non-Federal land.
Section 450e, act June 18, 1930, ch. 520, 4, as added Aug. 13,
1935, ch. 520, 2, 49 Stat. 614, and amended Apr. 15, 1954, ch. 142,
68 Stat. 54, provided for administration of park by National Park
Service under the direction of Secretary of the Interior.
16 USC 450e-1. Appomattox Court House National Historical Park
TITLE 16 -- CONSERVATION
(a) Boundaries
The Appomattox Court House National Historical Park shall hereafter
comprise the area depicted on the map entitled ''Boundary Map,
Appomattox Court House National Historical Park'', numbered 340-20,000A,
and dated September 1976, which is on file and available for public
inspection in the offices of the National Park Service, Department of
the Interior.
(b) Land acquisition by donation, purchase, or exchange; limitation
on acquisition of State land
Within the boundaries of the park, the Secretary may acquire lands
and interests in lands, by donation, purchase with donated or
appropriated funds, or exchange. Any lands or interests in lands owned
by the State of Virginia or its political subdivisions may be acquired
only by donation.
(c) Owner's reservation of right of use and occupancy of improved
property for residential purposes for life or fixed term of years;
compensation at fair market value; termination of right retained by
owner; ''improved property'' defined; waiver of rights and benefits by
owner
(1) The owner of an improved property on the date of its acquisition
by the Secretary may, as a condition of such acquisition, retain for
himself and his heirs and assigns a right of use and occupancy of the
improved property for noncommercial residential purposes for a definite
term of not more than twenty-five years or, in lieu thereof, for a term
ending at the death of the owner or the death of his spouse, whichever
is later. The owner shall elect the term to be reserved. Unless this
property is wholly or partially donated to the United States, the
Secretary shall pay the owner the fair market value of the property on
the date of acquisition, less the fair market value, on that date, of
the right retained by the owner. A right retained pursuant to this
section shall be subject to termination by the Secretary upon his
determination that it is being exercised in a manner inconsistent with
the purposes of this section, and it shall terminate by operation of law
upon the Secretary's notifying the holder of the right of such
determination and tendering to him an amount equal to the fair market
value of that portion of the right which remains unexpired.
(2) As used in this section, the term ''improved property'' means a
detached, single-family dwelling, construction of which was begun before
June 8, 1976, which is used for noncommercial residential purposes,
together with such additional lands or interests therein as the
Secretary deems to be reasonably necessary for access thereto, such
lands being in the same ownership as the dwelling, together with any
structures accessory to the dwelling which are situated on such land.
(3) Whenever an owner of property elects to retain a right of use and
occupancy as provided in this section, such owner shall be deemed to
have waived any benefits or rights accruing under sections 4623, 4624,
4625, and 4626 of title 42, and for the purposes of such sections such
owner shall not be considered a displaced person as defined in section
4601(6) of title 42.
(d) Administration
The Secretary shall administer the park in accordance with sections 1
and 2 to 4 of this title, as amended and supplemented, and sections 461
to 467 of this title.
(e) Authorization of appropriation
There are authorized to be appropriated not to exceed $1,335,000 to
carry out the purposes of this section.
(Pub. L. 94-578, title III, 308(a)-(d), (f), Oct. 21, 1976, 90 Stat.
2735, 2736.)
Section consists of subsecs. (a), (b), (c), (d), and (f) of section
308 of Pub. L. 94-578. Subsec. (f) thereof has been changed to subsec.
(e) of this section for purposes of codification. Section 308(e) of
Pub. L. 94-578 repealed sections 450b to 450e of this title.
16 USC 450f to 450k. Repealed. Dec. 21, 1944, ch. 634, 1, 58 Stat.
852
TITLE 16 -- CONSERVATION
Section 450f, act Aug. 15, 1935, ch. 547, 1, 49 Stat. 652, related
to establishment of Patrick Henry National Monument.
Sections 450f-1 and 450f-2, act Jan. 29, 1940, ch. 16, 54 Stat.
18, related to acquisition of Patrick Henry's estate and erection of a
permanent public memorial.
Sections 450g to 450k, act Aug. 15, 1935, ch. 547, 2-6, 49 Stat.
652, 653, related to administration, etc., of Monument.
Section 2 of act Dec. 21, 1944, ch. 634, 58 Stat. 853, provided
that all unexpended balances of amounts appropriated were to be covered
into the surplus fund of the Treasury.
16 USC 450l. Fort Stanwix National Monument; establishment
TITLE 16 -- CONSERVATION
When title to the site or portion thereof at Fort Stanwix, in the
State of New York, together with such buildings and other property
located thereon as may be designated by the Secretary of the Interior as
necessary or desirable for national monument purposes, shall have been
vested in the United States, said area and improvements, if any, shall
be designated and set apart by proclamation of the President for
preservation as a national monument for the benefit and inspiration of
the people and shall be called the ''Fort Stanwix National Monument'':
Provided, That such area shall include at least that part of Fort
Stanwix now belonging to the State of New York.
(Aug. 21, 1935, ch. 592, 1, 49 Stat. 665.)
16 USC 450m. Acceptance of donations of lands and funds; acquisition
of land
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept donations of
land, interests in land and/or buildings, structures, and other property
within the boundaries of said national monument as determined and fixed
hereunder, and donations of funds for the purchase and/or maintenance
thereof, the title and evidence of title to lands acquired to be
satisfactory to the Secretary of the Interior: Provided, That he may
acquire on behalf of the United States out of any donated funds, by
purchase at prices deemed by him reasonable, or by condemnation under
the provisions of sections 257 and 258 of title 40, such tracts of land
within the said national monument as may be necessary for the completion
thereof.
(Aug. 21, 1935, ch. 592, 2, 49 Stat. 666.)
Hereunder, referred to in text, means Act Aug. 21, 1935, which is
classified to sections 450l to 450n of this title. For complete
classification of this Act to the Code, see Tables.
Section 258 of title 40, referred to in text, was omitted from the
Code as superseded by rule 71A of the Federal Rules of Civil Procedure,
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
16 USC 450n. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the aforesaid
national monument shall be exercised under the direction of the
Secretary of the Interior by the National Park Service subject to the
provisions of sections 1 and 2 to 4 of this title, as amended.
(Aug. 21, 1935, ch. 592, 3, 49 Stat. 666.)
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.
16 USC 450o. Andrew Johnson National Historic Site; authorization
TITLE 16 -- CONSERVATION
When title to the site of the Andrew Johnson Homestead and the site
of the tailor shop in which Andrew Johnson worked (now owned and
administered by the State of Tennessee), located in Greeneville,
Tennessee, together with such buildings and property located thereon as
may be designated by the Secretary of the Interior as necessary or
desirable for national historic site purposes shall have been vested in
the United States, said area and improvements, if any, together with the
burial place of Andrew Johnson, now administered as a national cemetery,
shall be designated and set apart by proclamation of the President for
preservation as a national historic site for the benefit and inspiration
of the people and shall be called the ''Andrew Johnson National Historic
Site.''
(Aug. 29, 1935, ch. 801, 1, 49 Stat. 958; Dec. 11, 1963, Pub. L.
88-197, 1, 77 Stat. 349.)
''National historic site'' substituted in text for ''national
monument'' on authority of Pub. L. 88-197, which redesignated Andrew
Johnson National Monument as Andrew Johnson National Historic Site.
Monument and boundaries established by Presidential Proc. No. 2554,
Apr. 27, 1942, 56 Stat. 1955.
16 USC 450p. Acquisition of property; donations
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to acquire on behalf of
the United States out of any funds allotted and made available for this
project by proper authority or out of any donated funds, by purchase at
prices deemed by him reasonable, or by condemnation under the provisions
of sections 257 and 258 of title 40, or to accept by donation, such
land, interest in land, and/or buildings, structures, and other property
within the boundaries of said national historic site as determined and
fixed hereunder, and he is further authorized to accept donations of
funds for the purchase and/or maintenance thereof.
(Aug. 29, 1935, ch. 801, 2, 49 Stat. 958; Dec. 11, 1963, Pub. L.
88-197, 1, 77 Stat. 349.)
Section 258 of title 40, referred to in text, omitted from the Code
as superseded by rule 71A of the Federal Rules of Civil Procedure, set
out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Hereunder, referred to in text, means act Aug. 29, 1935, which is
classified to sections 450o to 450q of this title. For complete
classification of this Act to the Code, see Tables.
''Historic site'' substituted in text for ''monument'' on authority
of Pub. L. 88-197, which redesignated Andrew Johnson National Monument
as Andrew Johnson National Historic Site.
16 USC 450q. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the aforesaid
national historic site shall be exercised under the direction of the
Secretary of the Interior by the National Park Service, subject to the
provisions of sections 1 and 2 to 4 of this title, as amended.
(Aug. 29, 1935, ch. 801, 3, 49 Stat. 958; Dec. 11, 1963, Pub. L.
88-197, 1, 77 Stat. 349.)
''Historic site'' substituted in text for ''monument'' on authority
of Pub. L. 88-197 which redesignated Andrew Johnson National Monument
as Andrew Johnson National Historic Site.
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.
16 USC 450r. Ackia Battleground National Monument; establishment
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized in his discretion to
acquire, by purchase or by condemnation and/or accept by donation in
behalf of the United States, such lands, easements, and buildings not to
exceed fifty acres, and when title satisfactory to the Secretary of the
Interior shall have been vested in the United States such area or areas
shall be, upon proclamation of the President, established, dedicated,
and set apart as a public monument for the benefit and enjoyment of the
people and shall be known as the ''Ackia Battleground National
Monument'': Provided, That such area shall include the site of the
Battle of Ackia.
(Aug. 27, 1935, ch. 755, 2, 49 Stat. 897.)
Boundaries established by Presidential Proc. No. 2307, Oct. 25,
1938, 3 F.R. 2579, 53 Stat. 2494.
Ackia Battleground National Monument included in the Natchez Trace
Parkway, see section 460-1 of this title.
16 USC 450s. Omitted
TITLE 16 -- CONSERVATION
Section, act Aug. 27, 1935, ch. 755, 3, 49 Stat. 897, appropriated
$15,000 for purposes of section 450r of this title.
16 USC 450t. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the aforesaid
national monument shall be exercised under the direction of the
Secretary of the Interior by the National Park Service, subject to the
provisions of sections 1 and 2 to 4 of this title as amended.
(Aug. 27, 1935, ch. 755, 4, 49 Stat. 897.)
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.
16 USC 450u. Homestead National Monument of America; establishment
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized and directed to acquire,
on behalf of the United States, by gift, purchase, or condemnation, the
south half of the northwest quarter, the northeast quarter of the
northwest quarter, and the southwest quarter of the northeast quarter
section 26, township 4 north, range 5 east, of the sixth principal
meridian, Gage County, Nebraska, the same being the first homestead
entered upon under the General Homestead Act of May 20, 1862, by Daniel
Freeman, and that when so acquired, the said area be designated ''The
Homestead National Monument of America.''
(Mar. 19, 1936, ch. 157, 1, 49 Stat. 1184.)
The General Homestead Act, referred to in text, is act May 20, 1862,
ch. 75, 12 Stat. 392. See chapter 7 ( 161 et seq.) of Title 43, Public
Lands.
Pub. L. 91-411, Sept. 25, 1970, 84 Stat. 863, provided for addition
of the Freeman School to the Homestead National Monument of America in
Nebraska and authorized appropriation of not more than $50,000 for
rehabilitation and development of the Freeman School.
16 USC 450v. Omitted
TITLE 16 -- CONSERVATION
Section, act Mar. 19, 1936, ch. 157, 2, 49 Stat. 1184,
appropriated $24,000 for purpose of acquiring tract described in section
450u of this title.
16 USC 450w. Administration; establishment of museum
TITLE 16 -- CONSERVATION
It shall be the duty of the Secretary of the Interior to lay out said
land in a suitable and enduring manner so that the same may be
maintained as an appropriate monument to retain for posterity a proper
memorial emblematical of the hardships and the pioneer life through
which the early settlers passed in the settlement, cultivation, and
civilization of the great West. It shall be his duty to erect suitable
buildings to be used as a museum in which shall be preserved literature
applying to such settlement and agricultural implements used in bringing
the western plains to its present high state of civilization, and to use
the said tract of land for such other objects and purposes as in his
judgment may perpetuate the history of the country mainly developed by
the homestead law.
(Mar. 19, 1936, ch. 157, 3, 49 Stat. 1184.)
The homestead Law, referred to in text, is classified generally to
chapter 7 ( 161 et seq.) of Title 43, Public Lands.
16 USC 450x. Authorization of annual appropriations
TITLE 16 -- CONSERVATION
For the purpose of carrying out the suggestions and recommendations
of the Secretary of the Interior, the necessary annual appropriations
therefor are authorized.
(Mar. 19, 1936, ch. 157, 4, 49 Stat. 1184.)
16 USC 450y. Coronado National Memorial; establishment
TITLE 16 -- CONSERVATION
For the purpose of permanently commemorating the explorations of
Francisco Va1squez de Coronado, the President of the United States is
authorized to declare, by proclamation, any lands within the
following-described area, subject to all valid existing rights, to be
established as the ''Coronado National Memorial'':
Gila and Salt River meridian: Township 24 south, range 20 east,
section 10, south half southwest quarter, south half southeast quarter;
section 11, south half southwest quarter; section 13, southwest quarter
northwest quarter, south half; section 14, northwest quarter, south
half, northwest quarter northeast quarter, south half northeast quarter;
section 15, all; section 22, all; section 23, all; section 24, all;
township 24 south, range 21 east, section 17, south half southwest
quarter; section 18, southwest quarter, south half southeast quarter;
section 19, all; section 20, lots 3 and 4; aggregating approximately
two thousand eight hundred and eighty acres.
(Aug. 18, 1941, ch. 365, 1, 55 Stat. 630; July 9, 1952, ch. 610,
1, 2, 66 Stat. 510.)
1952 -- Act July 9, 1952, changed ''Coronado International Memorial''
to ''Coronado National Memorial'', and struck out proviso which required
action of Mexican Government prior to establishment of the Memorial.
Monument and boundaries established by Presidential Proc. No. 2995,
Nov. 5, 1952, 17 F.R. 10157, 67 Stat. c18.
Coronado National Forest, see section 482h of this title.
16 USC 450y-1. Administration
TITLE 16 -- CONSERVATION
The National Park Service, under the direction of the Secretary of
the Interior, shall promote and regulate the use of the Coronado
National Memorial for the benefit and enjoyment of the people of the
United States. Insofar as applicable and not in conflict with sections
450y to 450y-4 of this title, sections 1 and 2 to 4 of this title, as
amended and supplemented, providing for the establishment of a National
Park Service, shall govern the promotion and regulation of the
designated memorial area: Provided, That nothing in sections 450y to
450y-4 of this title shall be construed to authorize any recreational or
other development by the National Park Service within the sixty-foot
strip north of the international boundary between the United States and
Mexico withdrawn by proclamation of the President dated May 27, 1907 (35
Stat., part II, p. 2136), unless such development has received the prior
approval of the Secretary of State.
(Aug. 18, 1941, ch. 365, 2, 55 Stat. 630; July 9, 1952, ch. 610, 1,
66 Stat. 510.)
1952 -- Act July 9, 1952, changed ''Coronado International Memorial''
to ''Coronado National Memorial''.
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.
16 USC 450y-2. Grazing within memorial area
TITLE 16 -- CONSERVATION
The Secretary of the Interior, under such regulations as shall be
prescribed by him, which regulations shall be substantially similar to
those now in effect, shall permit --
Grazing of livestock within the memorial area to the extent now
permitted within the said area when such grazing will not interfere with
recreational development authorized by sections 450y to 450y-4 of this
title.
(Aug. 18, 1941, ch. 365, 3, 55 Stat. 631; Sept. 28, 1976, Pub. L.
94-429, 3(f), 90 Stat. 1342.)
1976 -- Pub. L. 94-429 struck out designation ''(a)'' before
''grazing of livestock'' and struck out subsec. (b) which related to
the surface use of the land within the memorial area for prospecting and
mining.
Section 3 of Pub. L. 94-429 provided in part that this section was
amended as indicated in order to close area to entry and location under
the Mining Law of 1872, subject to valid existing rights.
16 USC 450y-3. Construction of fences
TITLE 16 -- CONSERVATION
In the administration of the memorial area the Secretary shall not
permit the construction of fences except (a) along the international
boundary, (b) beside memorial roads or approach roads, and (c) around
memorial areas within which improvements have been located by the
National Park Service: Provided, That any roads constructed within the
memorial area by the National Park 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 area
shall remain in the present holders thereof, their heirs, assigns,
successors, and administrators, so long as such water continues to be
used exclusively for such purposes: And provided further, That nothing
in sections 450y to 450y-4 of this title shall be construed to alter or
affect any water right in the State of Arizona or the jurisdiction of
said State over its waters: And provided further, That neither roads
nor public campgrounds shall be constructed by the National Park Service
within the south half southwest quarter of said section 10.
(Aug. 18, 1941, ch. 365, 4, 55 Stat. 631.)
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.
16 USC 450y-4. Acquisition of property; donations
TITLE 16 -- CONSERVATION
Upon submission of title satisfactory to him, the Secretary of the
Interior, on behalf of the United States, may accept lands and interests
in lands which are within the memorial area but are not in Federal
ownership and which are offered to the United States without cost.
(Aug. 18, 1941, ch. 365, 5, 55 Stat. 631.)
16 USC 450y-5. Revision of boundaries
TITLE 16 -- CONSERVATION
In furtherance of the purposes of sections 450y to 450y-4 of this
title and to facilitate the administration and development of the
Coronado National Memorial, Arizona, the boundaries thereof are revised
by the following additions and deletions of land:
(1) Inclusion in the memorial and exclusion from the Coronado
National Forest of lots 2 and 7 and a portion of Homestead Entry Survey
310 situated in section 18, township 24 south, range 21 east, Gila and
Salt River base and meridian, said portion of Homestead Entry Survey 310
being more particularly described as follows: Beginning at the
southwest corner (identified as corner number 1), of Homestead Entry
Survey 310, said point being located on the present boundary of Coronado
National Memorial and marked by an iron pipe with a brass cap and a rock
cairn placed by the United States Bureau of Land Management in 1955;
thence north zero degrees thirty-three minutes west, one thousand two
hundred ninety-four and twenty-six hundredths feet, more or less, along
the west boundary of said tract, which line is also the present boundary
of said memorial, to the northeast corner of lot 8, section 18, said
point being marked by an iron pipe with a brass cap and a rock cairn
placed by the United States Bureau of Land Management in 1955; thence
north zero degrees twenty-three minutes east, two hundred thirty and
eight-tenths feet, more or less, along the west boundary of Homestead
Entry Survey 310 to a point on a circular curve marked by an iron pipe
with a National Park Service brass cap, said point being located south
eighty-one degrees forty-four minutes east, exactly one hundred forty
feet from the point of curvature of said curve; thence southeasterly
five hundred forty-eight and two-tenths feet along said circular curve
to the right of radius one thousand seven hundred thirty-two and
four-tenths feet and having a beginning tangent bearing of south
eighty-four degrees three minutes east (from point of curvature to point
of intersection), to the point of tangency of said curve; thence south
sixty-one degrees sixteen minutes east, two hundred twenty-four and
eight-tenths feet to the point of curvature of a circular curve to the
right; thence southeasterly two hundred ninety-two and six-tenths feet
along said circular curve to the right of radius six thousand
twenty-nine and six-tenths feet to the point of tangency of said curve;
thence south fifty-eight degrees twenty-nine minutes east, five hundred
eighty-eight and seven-tenths feet to the point of curvature of a
circular curve to the right; thence southeasterly two hundred
twenty-five and nine-tenths feet along said circular curve to the right
of radius two thousand two hundred nine and nine-tenths feet to the
point of tangency of said curve; thence south fifty-two degrees
thirty-eight minutes east, twenty-eight and eight-tenths feet to the
point of curvature of a circular curve to the left; thence
southeasterly two hundred sixteen and nine-tenths feet along said
circular curve to the left of radius one thousand six hundred nine and
nine-tenths feet to the point of tangency of said curve; thence south
sixty degrees twenty-one minutes east, thirty and seven-tenths feet to
the point of curvature of a circular curve to the right; thence
southeasterly seven hundred thirteen and six-tenths feet, more or less,
along said circular curve to the right of radius one thousand two
hundred fifty-four and nine-tenths feet to a point on the southern
boundary line of Homestead Entry Survey 310 marked by an iron pipe with
a National Park Service brass cap, said point also being located on the
present northern boundary line of Coronado National Memorial; thence
north eighty-nine degrees forty-nine minutes west two thousand three
hundred and sixty-one feet, more or less, along the southern boundary
line of Homestead Entry Survey 310, which line is also the present
northern boundary of the said memorial, to the point of beginning (all
bearings referred to the true meridian).
(2) Inclusion in the Memorial and exclusion from the Coronado
National Forest of lots 5 and 6 in section 20, township 24 south, range
21 east, Gila and Salt River base and meridian.
(3) Exclusion from the Memorial and inclusion in the Coronado
National Forest of the north half southwest quarter northwest quarter
section 13, and the north half southeast quarter northeast quarter
section 14, all in township 24 south, range 20 east, Gila and Salt River
base and meridian.
(Pub. L. 86-689, 1, Sept. 2, 1960, 74 Stat. 736.)
16 USC 450y-6. Acquisition of lands; administration
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to acquire lands and
interests in lands within the revised boundaries of the Coronado
National Memorial by purchase, donation, with donated funds, or by such
other means as he may consider to be in the public interest. Lands and
interests in lands acquired pursuant to this Act shall become a part of
the Memorial and be administered by the Secretary of the Interior in
accordance with the provisions of sections 1 and 2 to 4 of this title,
as amended, and pursuant to sections 450y-1 to 450y-3 of this title.
(Pub. L. 86-689, 2, Sept. 2, 1960, 74 Stat. 737.)
This Act, referred to in text, means Pub. L. 86-689 which enacted
sections 450y-5 to 450y-7 of this title, and amended section 17j-2 of
this title. For complete classification of this Act to the Code, see
Tables.
16 USC 450y-7. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is authorized to be appropriated the sum of not to exceed
$3,000 for the purpose of acquiring lands, interests in lands, and
improvements thereon as may be necessary for carrying out this Act.
(Pub. L. 86-689, 4, Sept. 2, 1960, 74 Stat. 737.)
This Act, referred to in text, means Pub. L. 86-689, which enacted
sections 450y-5 to 450y-7 of this title, and amended section 17j-2 of
this title. For complete classification of this Act to the Code, see
Tables.
16 USC 450z. Repealed. Pub. L. 94-429, 3(g), Sept. 28, 1976, 90 Stat.
1343
TITLE 16 -- CONSERVATION
Section, act Oct. 27, 1941, ch. 459, 55 Stat. 745, provided for
the prospecting and mining of surface lands within the monument area
under the supervision of the Secretary of the Interior.
Section 3 of Pub. L. 94-429 provided in part that this section was
repealed in order to close area to entry and location under the Mining
Law of 1872, subject to valid existing rights.
16 USC 450aa. George Washington Carver National Monument; acquisition
of land
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized and directed to acquire,
on behalf of the United States, by gift or purchase, the site of the
birthplace of George Washington Carver, distinguished Negro scientist,
located near Diamond, Missouri, together with such additional land or
interests in land and any improvements thereon as the Secretary may deem
necessary to carry out the purposes of sections 450aa to 450aa-2 of this
title. In the event the Secretary is unable to acquire such property,
or any part thereof, at a reasonable price, he is authorized and
directed to condemn such property, or any part thereof, in the manner
provided by law.
(July 14, 1943, ch. 238, 1, 57 Stat. 563.)
Section 4 of act July 14, 1943, as amended Sept. 9, 1950, ch. 940,
64 Stat. 829, provided that: ''There are authorized to be appropriated
such sums not to exceed $150,000 as may be necessary to carry out the
provisions of this Act (sections 450aa to 450aa-2 of this title).''
16 USC 450aa-1. Establishment and supervision
TITLE 16 -- CONSERVATION
The property acquired under the provisions of section 450aa of this
title shall constitute the George Washington Carver National Monument
and shall be a public national memorial to George Washington Carver.
The Director of the National Park Service, under the direction of the
Secretary of the Interior, shall have the supervision, management, and
control of such national monument, and shall maintain and preserve it in
a suitable and enduring manner which, in his judgment, will provide for
the benefit and enjoyment of the people of the United States.
(July 14, 1943, ch. 238, 2, 57 Stat. 563.)
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.
16 USC 450aa-2. Maintenance of museum; construction of roads and use
of markers
TITLE 16 -- CONSERVATION
The Secretary of /1/ Interior is authorized to --
(1) Maintain, either in an existing structure acquired under the
provisions of section 450aa of this title or in a building constructed
by him for the purpose, a museum for relics and records pertaining to
George Washington Carver, and for other articles of national and
patriotic interest, and to accept, on behalf of the United States, for
installation in such museum, articles which may be offered as additions
to the museum; and
(2) Construct roads and mark with monuments, tablets, or otherwise,
points of interest within the boundaries of the George Washington Carver
National Monument.
(July 14, 1943, ch. 238, 3, 57 Stat. 564.)
/1/ So in original. Probably should be ''of the''.
16 USC 450bb. Harpers Ferry National Historical Park; establishment;
acceptance of donations of land, etc.
TITLE 16 -- CONSERVATION
In order to carry out the purposes of sections 450bb to 450bb-2 of
this title, the Secretary of the Interior is authorized to acquire lands
or interests in lands, by donation, purchase with donated or
appropriated funds, or exchange, within the boundaries as generally
depicted on the drawing entitled ''Boundary Map, Harpers Ferry National
Historical Park'', numbered 385-80,021A and dated April 1979, which
shall be on file and available for public inspection in the offices of
the National Park Service, Department of the Interior: Provided, That
after advising the Committees on Interior and Insular Affairs of the
Congress of the United States, in writing, the Secretary may make minor
revisions in the boundary, when necessary, by publication of a revised
drawing or other boundary description in the Federal Register, but the
total acreage shall not exceed two thousand five hundred and five acres:
Provided further, That nothing herein shall be deemed to authorize the
acquisition, without consent of the owner, of a free simple interest in
lands within the boundaries in which a less than fee interest has
previously been acquired by the Secretary of the Interior. The
Secretary is authorized to acquire, by donation only, approximately
twenty-seven acres of land or interests therein which are outside the
boundary of the Harpers Ferry National Historical Park and generally
depicted on a map entitled ''Proposed Bradley and Ruth Nash Addition --
Harpers Ferry National Historical Park,'' dated April 1, 1989 and
numbered 385-80056. Such map shall be on file and available for public
inspection in the offices of the National Park Service, Department of
the Interior, Washington, District of Columbia. When acquired, such
lands or interests therein shall become a part of the park, subject to
the laws and regulations applicable thereto. Any Federal land within
the area designated by the Secretary of the Interior as necessary for
park purposes shall be transferred to the administration of the
Department of the Interior and when so transferred shall become a part
of the park: Provided, That the Federal department or agency having
administration over such land shall agree in advance to such transfer.
(June 30, 1944, ch. 328, 1, 58 Stat. 645; May 29, 1963, Pub. L.
88-33, 77 Stat. 52; Oct. 24, 1974, Pub. L. 93-466, 1(1), 88 Stat.
1420; Mar. 5, 1980, Pub. L. 96-199, title I, 108(1), 94 Stat. 69; Oct.
6, 1989, Pub. L. 101-109, 1(a), 103 Stat. 681.)
1989 -- Pub. L. 101-109 substituted ''two thousand five hundred and
five acres'' for ''two thousand four hundred and seventy-five acres'' in
first sentence and inserted after first sentence ''The Secretary is
authorized to acquire, by donation only, approximately twenty-seven
acres of land or interests therein which are outside the boundary of the
Harpers Ferry National Historical Park and generally depicted on a map
entitled 'Proposed Bradley and Ruth Nash Addition -- Harpers Ferry
National Historical Park,' dated April 1, 1989 and numbered 385-80056.
Such map shall be on file and available for public inspection in the
offices of the National Park Service, Department of the Interior,
Washington, District of Columbia. When acquired, such lands or
interests therein shall become a part of the park, subject to the laws
and regulations applicable thereto.''
1980 -- Pub. L. 96-199 substituted '''Boundary Map, Harpers Ferry
National Historical Park', numbered 385-80,021A and dated April 1979''
for '''Boundary Map, Harpers Ferry National Historical Park', numbered
385-40,000D and dated April 1974'' and ''two thousand four hundred and
seventy-five acres'' for ''two thousand acres''.
1974 -- Pub. L. 93-466 inserted reference to updated map, prohibited
the Secretary from exercising any power of condemnation on lands in
which a less than fee interest has been previously acquired, authorized
the acquisition of land with appropriated funds and by exchange,
authorized an increase in total area from 1500 to 2000 acres, and
authorized the Secretary to make minor boundary changes by publication
of a revised description in the Federal Register, after advising the
Committees on Interior and Insular Affairs.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
Work ''park'' substituted in text for ''monument'' in view of
redesignation of Harpers Ferry National Monument as Harpers Ferry
National Historical Park by Pub. L. 88-33, set out as section 450bb-6
of this title.
Section 1(b) of Pub. L. 101-109 provided that: ''Nothing in this
Act (amending this section) shall be deemed to prohibit the Secretary
from using such measures as may be necessary to acquire a clear and
marketable title, free of any and all encumbrances, to the lands
identified for acquisition in paragraph (a)(2) of this Act.''
Section 4 of act June 30, 1944, as amended by Pub. L. 93-466, 1( 3),
Oct. 24, 1974, 88 Stat. 1420; Pub. L. 95-625, title I, 101(14), Nov.
10, 1978, 92 Stat. 3471; Pub. L. 96-199, title I, 108(2), Mar. 5,
1980, 94 Stat. 69, provided that: ''In addition to such sums as have
heretofore been appropriated, there are authorized to be appropriated
such sums as may be necessary to carry out the provisions of this act
(sections 450bb to 450bb-2 of this title), but not more than $1,600,000
for the acquisition of lands and interests in lands, and not more than
$12,385,000 for development.''
16 USC 450bb-1. Administration
TITLE 16 -- CONSERVATION
The property acquired under the provisions of section 450bb of this
title shall constitute the Harpers Ferry National Historical Park and
shall be a public national memorial commemorating historical events at
or near Harpers Ferry. The Director of the National Park Service under
the direction of the Secretary of the Interior, shall have the
supervision, management, and control of such national historical park,
and shall maintain and preserve it for the benefit and enjoyment of the
people of the United States, subject to the provisions of sections 1 and
2 to 4 of this title, as amended.
(June 30, 1944, ch. 328, 2, 58 Stat. 646; May 29, 1963, Pub. L.
88-33, 77 Stat. 52.)
Words ''national historical park'' substituted in text for ''national
monument'' in view of redesignation of Harpers Ferry National Monument
as Harpers Ferry National Historical Park by Pub. L. 88-33, classified
to section 450bb-6 of this title.
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.
16 USC 450bb-2. Maintenance of museum; acceptance of museum articles;
construction of roads, etc.
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to --
(1) Maintain, either in an existing structure acquired under the
provisions of section 450bb of this title or in a building constructed
by him for the purpose, a museum for relics and records pertaining to
historic events that took place at Harpers Ferry, and for other relics
of national and patriotic interest, and to accept on behalf of the
United States, for installation in such museum, articles which may be
offered as additions to the museum;
(2) Construct roads and facilities and mark with monuments, tablets,
or otherwise, points of interest within the boundaries of the Harpers
Ferry National Historical Park; and
(3) Provide, directly or by contract, subject to the provisions of
the Act of June 7, 1974, an interpretive shuttle transportation service
within, between, and among lands acquired for the purpose of sections
450bb to 450bb-2 of this title for such times and upon such terms as in
his judgment will best accomplish the purposes of sections 450bb to
450bb-2 of this title.
(June 30, 1944, ch. 328, 3, 58 Stat. 646; May 29, 1963, Pub. L.
88-33, 77 Stat. 52; Oct. 24, 1974, Pub. L. 93-466, 1(2), 88 Stat.
1420.)
Act of June 7, 1974, referred to in par. (3), is Pub. L. 93-303,
June 7, 1974, 88 Stat. 192, which amended sections 460l-6a, 460l-8, and
460l-10a of this title. For complete classification of this Act to the
Code, see Tables.
1974 -- Par. (3). Pub. L. 93-466 added par. (3).
''Harpers Ferry National Historical Park'' substituted in text for
''Harpers Ferry National Monument'' in view of redesignation of Harpers
Ferry National Monument as Harpers Ferry National Historical Park by
Pub. L. 88-33, classified to section 450bb-6 of this title.
16 USC 450bb-3. Acquisition of additional lands
TITLE 16 -- CONSERVATION
To further the commemorative purposes of sections 450bb to 450bb-2 of
this title, by providing historic properties and administrative
facilities, the Secretary of the Interior is authorized to acquire, in
the manner hereafter stated, the Storer College site, the original site
of John Brown's ''Fort'' and the old Federal armory, comprising
altogether approximately thirty acres, for addition to Harpers Ferry
National Historical Park.
(Pub. L. 86-655, 1, July 14, 1960, 74 Stat. 520; Pub. L. 88-33, May
29, 1963, 77 Stat. 52.)
''Harpers Ferry National Historical Park'' substituted in text for
''Harpers Ferry National Monument'' in view of redesignation of Harpers
Ferry National Monument as Harpers Ferry National Historical Park by
Pub. L. 88-33, classified to section 450bb-6 of this title.
16 USC 450bb-4. Acceptance and purchase of lands and improvements;
payment; exchange of lands
TITLE 16 -- CONSERVATION
(a) The Secretary of the Interior may accept the conveyance of all
right, title, and interest of the trustees of Storer College in and to
the lands and improvements in Harpers Ferry, West Virginia, granted to
their predecessors for educational purposes pursuant to section 2 of the
Act of December 15, 1868 (15 Stat. 266), upon payment to said trustees
of not more than the current fair market value of the improvements
located upon such lands. The Secretary may also purchase lands,
interests therein, and improvements thereon, which lands were granted to
the trustees of Storer College pursuant to such Act of 1868 and
subsequently were alienated by the trustees: Provided, That he may pay
not in excess of the amount paid therefor by the then owners plus the
cost of existing improvements placed thereon by them, and, in no event
may he pay more than the current fair market value. The Secretary may
also purchase from the trustees of Storer College, at not more than
their fair market value, other lands and interests in lands acquired by
them or their predecessors as a part of the college site, together with
any improvements thereon. In addition, up to seven acres of privately
owned lands, interests therein, and improvements thereon, which are
interspersed with the aforesaid college lands may be purchased by the
Secretary. Lands and interests purchased under this subsection may be
exchanged for other lands, and interests therein, of approximately equal
value, which comprise the college and interspersed lands otherwise
authorized herein for purchase.
(b) To facilitate the acquisition of the original site of the engine
house known as John Brown's ''Fort'' and the old Federal arsenal, the
Secretary of the Interior is authorized to exchange therefor federally
owned park lands or interests in lands of approximately equal value in
the vicinity of Cumberland, Maryland, which he finds are no longer
required for park purposes.
(Pub. L. 86-655, 2, July 14, 1960, 74 Stat. 520.)
Section 2 of the Act of December 15, 1868, referred to in subsec.
(a), means act Dec. 15, 1868, ch. 2, 2, 15 Stat. 266, which was not
classified to the Code.
16 USC 450bb-5. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums, not to exceed
$300,000, as may be necessary for the purchase of lands, interests
therein, and improvements thereon pursuant to sections 450bb-3 to
450bb-5 of this title.
(Pub. L. 86-655, 3, July 14, 1960, 74 Stat. 521.)
16 USC 450bb-6. Change in name of Harpers Ferry National Monument
TITLE 16 -- CONSERVATION
The Harpers Ferry National Monument established pursuant to sections
450bb to 450bb-2 of this title, shall on and after May 29, 1963, be
known as Harpers Ferry National Historical Park, and any law,
regulation, document, or record of the United States in which such
monument is designated or referred to under the name of Harpers Ferry
National Monument shall be held to refer to such monument under and by
the name of Harpers Ferry National Historical Park.
(Pub. L. 88-33, May 29, 1963, 77 Stat. 52.)
16 USC 450cc. Castle Clinton National Monument; establishment
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept, on behalf of
the United States, title to the site, comprising approximately one acre
and situated in Battery Park, New York City, of the historic structure
known as Castle Clinton, together with such structure and any other
improvement on or appurtenant to such site. When title to such property
is vested in the United States, it shall constitute the Castle Clinton
National Monument.
(Aug. 12, 1946, ch. 954, 1, 60 Stat. 997.)
Study by New York City National Shrines Advisory Board concerning
preservation and administration of Castle Clinton National Monument, see
act Aug. 11, 1955, ch. 779, 69 Stat. 632, set out in a note under
section 463 of this title.
16 USC 450cc-1. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the Castle Clinton
National Monument shall be under the supervision of the Secretary of the
Interior, subject to the provisions of sections 1 and 2 to 4 of this
title, as amended.
(Aug. 12, 1946, ch. 954, 2, 60 Stat. 997.)
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.
16 USC 450dd. De Soto National Memorial; establishment
TITLE 16 -- CONSERVATION
For the purpose of establishing an appropriate memorial to Hernando
De Soto, the Secretary of the Interior is authorized, in his discretion,
to acquire on behalf of the United States, by donation, by purchase with
donated funds when purchaseable at prices deemed by him reasonable, or
by condemnation with donated funds, such lands and interests in land
within an area of not to exceed thirty acres as he may select in the
vicinity of Tampa Bay and Bradenton, Florida, and to construct thereon a
suitable memorial structure, together with such connecting roads and
public facilities as may be desirable.
(Mar. 11, 1948, ch. 109, 1, 62 Stat. 78; Sept. 8, 1960, Pub. L.
86-728, 1A, 74 Stat. 856.)
1960 -- Pub. L. 86-728 increased limitation on acquisition of land
from twenty-five to thirty acres.
Section 3 of act Mar. 11, 1948, as amended Aug. 21, 1950, ch. 768,
64 Stat. 469; Sept. 8, 1960, Pub. L. 86-728, 1B, 74 Stat. 856; Nov.
10, 1978, Pub. L. 95-625, title I, 101(8), 92 Stat. 3471; Oct. 12,
1979, Pub. L. 96-87, title IV, 401(a), 93 Stat. 665, provided that:
''There is hereby authorized to be appropriated such sums, not to exceed
$292,000, as may be necessary to carry out the provisions of this Act
(sections 450dd and 450dd-1 of this title).''
16 USC 450dd-1. Administration
TITLE 16 -- CONSERVATION
Upon a determination by the Secretary of the Interior that sufficient
land has been acquired by the United States for the memorial, such
property shall be established as the ''De Soto National Memorial'', and
shall be administered by the Secretary of the Interior, through the
National Park Service, for the benefit of the people of the United
States. An order of the Secretary of the Interior, constituting notice
of such establishment, shall be published in the Federal Register.
Insofar as applicable and not in conflict with this section and section
450dd of this title, sections 1 and 2 to 4 of this title, providing for
the establishment of a National Park Service, as amended and
supplemented, shall govern the promotion and development of the national
memorial.
(Mar. 11, 1948, ch. 109, 2, 62 Stat. 78.)
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.
16 USC 450ee. Fort Sumter National Monument; establishment
TITLE 16 -- CONSERVATION
The Secretary of the Army is authorized and directed to transfer,
without consideration, to the Secretary of the Interior title to the
site of the historic structure known as Fort Sumter, situated in
Charleston Harbor, Charleston, South Carolina, together with such
buildings and other improvements as are appurtenant to such site.
(Apr. 28, 1948, ch. 239, 1, 62 Stat. 204.)
16 USC 450ee-1. Administration
TITLE 16 -- CONSERVATION
The property acquired by the Secretary of the Interior under this
joint resolution shall constitute the Fort Sumter National Monument and
shall be a public national memorial commemorating historical events at
or near Fort Sumter. The Director of the National Park Service under
the direction of the Secretary of the Interior shall have the
supervision, management, and control of such national monument, and
shall maintain and preserve it for the benefit and enjoyment of the
people of the United States, subject to the provisions of sections 1 and
2 to 4, of this title as amended.
(Apr. 28, 1948, ch. 239, 2, 62 Stat. 204.)
This joint resolution, referred to in text, means act Apr. 28, 1948,
which is classified to sections 450ee and 450ee-1 of this title.
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.
16 USC 450ff. Fort Vancouver National Historic Site; establishment
TITLE 16 -- CONSERVATION
For the purpose of establishing a Federal area of national historical
importance for the benefit of the people of the United States, to be
known as the ''Fort Vancouver National Historic Site,'' the
Administrator of General Services and the Secretary of the Army are
authorized to transfer to the Secretary of the Interior, without
exchange of funds, administrative jurisdiction over such federally owned
lands and other property, real or personal, under their jurisdiction,
including the site of the old Hudson's Bay Company stockade in the State
of Washington, as they shall find to be surplus to the needs of their
respective agencies, such properties to be selected, with their
approval, by the Secretary of the Interior for inclusion within the
national historic site.
(June 19, 1948, ch. 546, 1, 62 Stat. 532; June 30, 1949, ch. 288,
title I, 105, 63 Stat. 381; June 30, 1961, Pub. L. 87-78, 4, 75 Stat.
197.)
Words ''national historic site'' substituted in text for ''national
monument'' in view of redesignation of Fort Vancouver National Monument
as Fort Vancouver National Historic Site by Pub. L. 87-78, classified
to section 450ff-6 of this title.
''Administrator of General Services'' substituted in text for
''Administrator of the War Assets Administration'' pursuant to act June
30, 1949, which transferred functions of Administrator of War Assets
Administration and War Assets Administration to Administrator of General
Services and General Services Administration.
16 USC 450ff-1. Size of site; effective date; additional lands
TITLE 16 -- CONSERVATION
The total area of the national historic site as established or as
enlarged by transfers pursuant to sections 450ff to 455ff-2 of this
title shall not exceed ninety acres. Establishment of the historic site
shall be effective, upon publication in the Federal Register of notice
of such establishment, following the transfer to the Secretary of the
Interior of administrative jurisdiction over such lands as the Secretary
of the Interior shall deem to be sufficient for purposes of establishing
the national historic site. Additional lands may be added to the
historic site in accordance with the procedure prescribed in section
450ff of this title, governing surplus properties, or by donation,
subject to the maximum acreage limitation prescribed by sections 450ff
to 455ff-2 of this title, upon publication of notice thereof in the
Federal Register.
(June 19, 1948, ch. 546, 2, 62 Stat. 532; June 30, 1961, Pub. L.
87-78, 4, 75 Stat. 197.)
Words ''national historic site'' and ''historic site'' substituted in
text for ''national monument'' and ''monument'', respectively, in view
of redesignation of Fort Vancouver National Monument as Fort Vancouver
National Historic Site by Pub. L. 87-78, classified to section 450ff-6
of this title.
16 USC 450ff-2. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the aforesaid
national historic site shall be exercised under the direction of the
Secretary of the Interior by the National Park Service, subject to the
provisions of sections 1 and 2 to 4 of this title as amended.
(June 19, 1948, ch. 546, 3, 62 Stat. 533; June 30, 1961, Pub. L.
87-78, 4, 75 Stat. 197.)
''National historic site'' substituted in text for ''national
monument'' in view of redesignation of Fort Vancouver National Monument
as Fort Vancouver National Historic Site by Pub. L. 87-78, classified
to section 450ff-6 of this title.
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.
16 USC 450ff-3. Revision of boundaries
TITLE 16 -- CONSERVATION
For the purpose of preserving certain historic properties associated
with the Fort Vancouver National Historic Site, established pursuant to
sections 450ff to 450ff-2 of this title, the Secretary of the Interior
may revise the boundaries of the historic site to include therein not
more than one hundred and thirty additional acres of land adjacent to,
contiguous to, or in the vicinity of, the existing historic site.
(Pub. L. 87-78, 1, June 30, 1961, 75 Stat. 196.)
''National Historic Site'' and ''historic site'' substituted in text
for ''National Monument'' and ''monument'', respectively, in view of
redesignation of Fort Vancouver National Monument as Fort Vancouver
National Historic Site by Pub. L. 87-78, classified to section 450ff-6
of this title.
16 USC 450ff-4. Acquisition of lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior may acquire in such manner as he may
consider to be in the public interest the non-Federal lands and
interests in lands within the revised boundaries.
(Pub. L. 87-78, 2, June 30, 1961, 75 Stat. 197.)
16 USC 450ff-5. Administrative jurisdiction of Federal lands
TITLE 16 -- CONSERVATION
The heads of executive departments may transfer to the Secretary of
the Interior, without exchange of funds, administrative jurisdiction
over such federally owned lands and other property under their
administrative jurisdictions within the revised boundary as may become
excess to the needs of their respective agencies, for inclusion in the
Fort Vancouver National Historic Site.
(Pub. L. 87-78, 3, June 30, 1961, 75 Stat. 197.)
''National Historic Site'' substituted in text for ''National
Monument'' in view of redesignation of Fort Vancouver National Monument
as Fort Vancouver National Historic Site by Pub. L. 87-78, classified
to section 450ff-6 of this title.
16 USC 450ff-6. Change in name of Fort Vancouver National Monument
TITLE 16 -- CONSERVATION
Fort Vancouver National Monument is redesignated Fort Vancouver
National Historic Site.
(Pub. L. 87-78, 4, June 30, 1961, 75 Stat. 197.)
16 USC 450gg to 450gg-3. Repealed. Pub. L. 91-660, 5, Jan. 8, 1971, 84
Stat. 1969
TITLE 16 -- CONSERVATION
Sections, act July 2, 1948, ch. 806, 1-4, 62 Stat. 1220, provided
for establishment of the Pensacola National Monument, maintenance of a
museum for relics and records of Pensacola and its harbor defenses, and
the transfer of title to the land and jurisdiction of the area to the
State of Florida, upon determination by Secretary of the Interior that
the area would be more suitably administered as a State historical park.
16 USC 450hh. Saint Croix Island International Historic Site;
establishment; acceptance of land; size
TITLE 16 -- CONSERVATION
For the purpose of establishing a Federal area of national historical
importance for the benefit of the people of the United States, the
Secretary of the Interior is authorized to accept, for national monument
purposes, on behalf of the United States, the donation of all
non-Federal lands and interests in land situated on Saint Croix (Dochet)
Island, located in the Saint Croix River, in the State of Maine. The
Secretary is authorized to acquire, in such manner as he may consider to
be in the public interest, not to exceed fifty acres of land or
interests therein situated on the mainland, such property to be used for
general administrative purposes and for a landing dock in order to
provide a suitable approach and ready access to the island.
(June 8, 1949, ch. 180, 1, 63 Stat. 158.)
Section 4 of act June 8, 1949, provided that: ''There are hereby
authorized to be appropriated such sums as may be necessary to carry out
the provisions of this Act (sections 450hh to 450hh-2 of this title).''
16 USC 450hh-1. Designation; acquisition of additional lands; lands
excluded
TITLE 16 -- CONSERVATION
Upon a determination by the Secretary of the Interior that sufficient
land and interests in land situated on the island have been acquired by
the United States for the establishment of a suitable national monument,
such acquired property, and any Federal properties on the island that
are not required for other public purposes, shall be established as the
''Saint Croix Island International Historic Site''. An order of the
Secretary of the Interior, constituting notice of such determination,
shall be published in the Federal Register. Following establishment of
the national monument, other properties situated upon the island may
become a part of the monument upon acquisition of title to such
properties by the United States, and Federal properties situated upon
the island, upon a determination by the agency administering such
Federal properties that they are no longer required by that agency, may
be transferred to the Secretary of the Interior by such agency to become
a part of the national monument. Notice of the addition of any such
properties to the monument shall be published in the Federal Register by
the Secretary of the Interior. There shall be excluded from the national
monument, for such time as the United States Coast Guard shall consider
it to be necessary, any portion of the island which is being used and
which is required for the purposes of a Coast Guard light station.
(June 8, 1949, ch. 180, 2, 63 Stat. 158; Sept. 25, 1984, Pub. L.
98-422, 98 Stat. 1615.)
Pub. L. 98-422 provided:
''That (a) in recognition of its historic significance to the United
States and Canada, the Saint Croix Island National Monument in the State
of Maine is hereby redesignated as the 'Saint Croix Island International
Historic Site'.
''(b) Any reference in a law, map, regulation, document, record, or
other paper of the United States to such monument shall be deemed to be
a reference to the 'Saint Croix Island International Historic Site'.
''(c) Nothing in this joint resolution shall affect the status of the
'Saint Croix Island International Historic Site' as a national monument
and a unit of the National Park System.''
16 USC 450hh-2. Administration
TITLE 16 -- CONSERVATION
The national monument shall be administered by the Secretary of the
Interior, through the National Park Service, subject to the provisions
of sections 1 and 2 to 4 of this title, as amended and supplemented, and
sections 461 to 467 of this title.
(June 8, 1949, ch. 180, 3, 63 Stat. 158.)
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.
16 USC 450ii. Joshua Tree National Monument; revision of boundaries
TITLE 16 -- CONSERVATION
Joshua Tree National Monument, in the State of California,
established by Proclamation Numbered 2193, of August 10, 1936 (50 Stat.
1760), after September 25, 1950, shall comprise the following-described
area:
16 USC san bernardino meridian
TITLE 16 -- CONSERVATION
Township 1 south, range 5 east, sections 22 to 27, inclusive, and
sections 34 to 36, inclusive; township 2 south, range 5 east, portion
of east half lying north of the north right-of-way line of the Colorado
River aqueduct but excluding therefrom that portion of the Long Canyon
Camp and dump area in section 27; township 1 south, range 6 east,
sections 19 to 36, inclusive; township 2 south, range 6 east, sections
1 to 30, inclusive, that portion of section 31 lying north of the north
right-of-way line of the Colorado River aqueduct, and sections 32 to 36,
inclusive; township 3 south, range 6 east, portion lying north of the
north right-of-way line of the Colorado River aqueduct but excluding
therefrom that portion of the Deception Camp and dump area in section
14, that portion of the West Deception Camp and dump area in section 10,
and the portions of the East Wide Canyon Camps and dump areas in
sections 5 and 6; township 1 south, range 7 east, sections 1 to 4,
inclusive, and 9 to 15, inclusive, unsurveyed, section 16, sections 19
to 23, inclusive, section 24, unsurveyed, and sections 25 to 36,
inclusive; township 2 south, range 7 east; township 3 south, range 7
east, portion lying north of the north right-of-way line of the Colorado
River aqueduct but excluding therefrom that portion of the Fan Hill Camp
and dump area in section 20; township 1 south, range 8 east, partly
unsurveyed; townships 2 and 3 south, range 8 east; township 1 south,
range 9 east, sections 5 to 9, inclusive, sections 16 to 23, inclusive,
and sections 26 to 35, inclusive; township 2 south, range 9 east,
sections 2 to 11, inclusive, and sections 14 to 36, inclusive, partly
unsurveyed; township 3 south, range 9 east; township 4 south, range 9
east; sections 1 to 5, inclusive, and sections 11 to 14, inclusive;
township 2 south, range 10 east, sections 25 to 36, inclusive,
unsurveyed; township 3 south, range 10 east, partly unsurveyed;
township 4 south, range 10 east, sections 1 to 18, inclusive, sections
22 to 26, inclusive, and sections 35 and 36; township 5 south, range 10
east, section 1; township 2 south, range 11 east, sections 25 to 36,
inclusive, unsurveyed; townships 3 and 4 south, range 11 east, partly
unsurveyed; township 5 south, range 11 east, sections 1 to 18,
inclusive, sections 22 to 27, inclusive, and sections 34, 35, and 36;
township 6 south, range 11 east, portion of sections 1, 2, and 3 lying
north of north transmission line right-of-way which is adjacent to the
north right-of-way line of the Colorado River aqueduct but excluding
therefrom the Aggregate Deposit in section 3; township 2 south, range
12 east, section 13 and sections 23 to 36, inclusive, partly unsurveyed;
townships 3 and 4 south, range 12 east, partly unsurveyed; township 5
south, range 12 east, sections 1 to 24, inclusive, and sections 26 to
34, inclusive, partly unsurveyed, and portions of sections 25 and 35
lying north of north transmission line right-of-way which is adjacent to
the north right-of-way line of the Colorado River aqueduct; township 6
south, range 12 east, portions of sections 2, 3, 4, 5, 6, and 10, lying
north of north transmission line right-of-way which is adjacent to the
north right-of-way line of the Colorado River aqueduct but excluding
therefrom the Bumpani's Aggregate Deposit in section 4; township 2
south, range 13 east, sections 1 and 2 and sections 7 to 36, inclusive,
partly unsurveyed; township 3 south, range 13 east, sections 1 to 18,
inclusive, partly unsurveyed; township 5 south, range 13 east, sections
6, 7, 18, and 19, unsurveyed; township 1 south, range 14 east, sections
33 to 36, inclusive, partly unsurveyed; township 2 south, range 14
east, partly unsurveyed; township 3 south, range 14 east, sections 1 to
18, inclusive, partly unsurveyed; township 1 south, range 15 east,
sections 31 to 35, inclusive, partly unsurveyed; township 2 south,
range 15 east, sections 2 to 36, inclusive, partly unsurveyed; township
3 south, range 15 east, sections 1 to 12, inclusive, partly unsurveyed,
and section 18, unsurveyed; township 2 south, range 16 east, sections
18, 19, 30, and 31, unsurveyed; and township 3 south, range 16 east,
sections 6 and 7 unsurveyed. Also, all that portion of the south half
of the northeast quarter and of the north half of the southeast quarter
of section 33, township 1 north, range 9 east, San Bernardino base and
meridian, in the county of San Bernardino, State of California, shown on
map titled ''Record of Survey'' by H. F. Cameron, Junior, licensed
engineer 6826, dated December 29, 1948, and James B. Hommon, licensed
engineer 6916, dated October 5, 1949, and made for the National Park
Service, Department of the Interior, and recorded October 17, 1949, in
volume 7, page 72, of the official records of the county of San
Bernardino, said land being described as follows:
Beginning at the United States Government Land Office monument marked
as the east quarter corner of said section 33, thence proceeding on a
true bearing south 89 degrees 02 minutes 10 seconds west a distance of
50.01 feet to the true point of beginning of the hereinafter described
parcel of land;
Thence north 0 degrees 02 minutes 55 seconds west a distance of
250.08 feet to a point of curve; thence along the arc of a curve to the
left having a radius of 20.00 feet a distance of 31.73 feet to a point
of tangency; thence south 89 degrees 02 minutes 40 seconds west a
distance of 2,559.24 feet; thence south 0 degrees 19 minutes 50 seconds
east a distance of 270.76 feet;
Thence south 0 degrees 21 minutes 02 seconds east a distance of
409.32 feet to the beginning of a curve; thence along the arc of a
curve to the left having a radius of 280.98 feet a distance of 275.93
feet to a point of compound curvature; thence along the arc of a curve
to the left having a radius of 800.00 feet a distance of 753.98 feet to
a point of tangency; thence north 69 degrees 22 minutes 58 seconds east
a distance of 125.31 feet to the beginning of a curve;
Thence along the arc of a curve to the right having a radius of
1,400.00 feet a distance of 1.042.74 feet to a point of tangency;
thence south 67 degrees 56 minutes 33 seconds east a distance of 94.55
feet to the beginning of a curve; thence along the arc of a curve to
the left having a radius of 700.00 feet a distance of 366.52 feet to a
point of compound curvature;
Thence along the arc of a curve to the left having a radius of 167.60
feet a distance of 240.17 feet to a point of tangency; thence north 0
degrees 02 minutes 55 seconds west a distance of 648.91 feet to the
point of beginning containing 57.839 acres, more or less.
(Sept. 25, 1950, ch. 1030, 1, 64 Stat. 1033; June 30, 1961, Pub. L.
87-80, 75 Stat. 197.)
1961 -- Pub. L. 87-80 included within the boundaries of Joshua Tree
National Monument certain federally owned lands situate in county of San
Bernardino, California.
16 USC 450ii-1. Excluded lands opened to entry under mining laws
TITLE 16 -- CONSERVATION
All public-domain lands included before September 25, 1950, within
the Joshua Tree National Monument which are eliminated from the National
Monument by sections 450ii to 450ii-3 of this title are opened to
location, entry, and patenting under the United States mining laws:
Provided, That such public-domain lands or portions thereof shall be
restored to application and entry under other applicable public land
laws, including the mineral leasing laws.
(Sept. 25, 1950, ch. 1030, 2, 64 Stat. 1035.)
16 USC 450ii-2. Continuation of leases, permits, and licenses
TITLE 16 -- CONSERVATION
All leases, permits, and licenses issued or authorized by any
department, establishment, or agency of the United States, with respect
to the Federal lands excluded from the Joshua Tree National Monument by
sections 450ii to 450ii-3 of this title, which are in effect on
September 25, 1950, shall continue in effect, subject to compliance with
the terms and conditions therein set forth, until terminated in
accordance with the provisions thereof.
(Sept. 25, 1950, ch. 1030, 3, 64 Stat. 1035.)
16 USC 450ii-3. Survey and report of mineral value
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized and directed, through the
Bureau of Mines, the United States Geological Survey, and the National
Park Service, to cause a survey to be made of the area within the
revised boundaries of the Joshua Tree National Monument with a view to
determining to what extent the said area is more valuable for minerals
than for the National Monument purposes for which it was created.
Report of said survey shall be filed with the President of the United
States Senate and the Speaker of the House of Representatives on or
before February 1, 1951.
(Sept. 25, 1950, ch. 1030, 4, 64 Stat. 1035; Nov. 13, 1991, Pub. L.
102-154, title I, 105 Stat. 1000.)
''United States Geological Survey'' substituted in text for
''Geological Survey'' pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of Title 43, Public Lands.
16 USC 450jj. Jefferson National Expansion Memorial; authorization
TITLE 16 -- CONSERVATION
There is authorized to be constructed by the Secretary of the
Interior upon the Jefferson National Expansion Memorial National
Historic Site, Saint Louis, Missouri, an appropriate national memorial
to those persons who made possible the territorial expansion of the
United States, including President Thomas Jefferson and his aides,
Livingston and Monroe, who negotiated the Louisiana Purchase, the great
explorers, Lewis and Clark, and the hardy hunters, trappers,
frontiersmen, pioneers, and others who contributed to such expansion.
(May 17, 1954, ch. 204, 1, 68 Stat. 98.)
Pub. L. 98-398, title II, 203, Aug. 24, 1984, 98 Stat. 1472,
provided that: ''This title (enacting sections 450jj-3 to 450jj-9 of
this title, enacting provisions set out as a note under section 450jj-3
of this title, and amending provisions set out as a note under this
section) may be cited as the 'Jefferson National Expansion Memorial
Amendments Act of 1984'.''
Pub. L. 99-500, 101(h) (title I, 100), Oct. 18, 1986, 100 Stat.
1783-242, 1783-251, and Pub. L. 99-591, 101(h) (title I, 100), Oct.
30, 1986, 100 Stat. 3341-242, 3341-251, provided: ''That
notwithstanding any other provision of law, hereafter funds received by
the National Park Service as reimbursement for the cost of providing
security, law enforcement, interpretive, and other services with respect
to the operation of facilities at the Jefferson National Expansion
Memorial National Historic Site shall be credited to the appropriation
bearing the cost of providing such services.''
Ratio of Expenditures
Section 11, formerly section 4, of act May 17, 1954, as amended by
Pub. L. 85-936, Sept. 6, 1958, 72 Stat. 1794; Pub. L. 89-269, Oct.
19, 1965, 79 Stat. 991; Pub. L. 94-578, title II, 201(6), Oct. 21,
1976, 90 Stat. 2733; and renumbered and amended by Pub. L. 98-398,
title II, 201(b), Aug. 24, 1984, 98 Stat. 1471, provided that:
''(a) There is hereby authorized to be appropriated not to exceed
$32,750,000 to carry out the purposes of this Act (sections 450jj to
450jj-9 of this title): Provided, That funds authorized to be
appropriated by this Act shall be expended by the United States for
construction of the memorial in the ratio of $3 of Federal funds for
each $1 of money contributed hereafter by the city of Saint Louis or
other non-Federal source for purposes of the memorial, and for such
purposes the Secretary is authorized to accept from the said city or
other non-Federal sources, and to utilize for purposes of this Act, any
money so contributed: Provided further, That the value of any land
hereafter contributed by the city of Saint Louis shall be excluded from
the computation of the city's share.
''(b) For the purposes of the East Saint Louis portion of the
Memorial, there is hereby authorized to be appropriated not to exceed
$1,000,000 for land acquisition and not to exceed $1,250,000 for
development, of which not to exceed $500,000 shall be available only for
landscaping and only for expenditure in the ratio of one dollar of
Federal funds to one dollar of non-Federal funds: Provided, That no
funds authorized to be appropriated hereunder may be appropriated prior
to the approval by the Secretary of the plan developed by the
Commission.
''(c) Funds appropriated under subsection (b) of this section shall
remain available until expended.
''(d) Authority to enter into contracts or make payments under this
Act shall be effective for any fiscal year only to the extent that
appropriations are available for that purpose.''
16 USC 450jj-1. Construction of memorial
TITLE 16 -- CONSERVATION
(a) Plan; contracts; employment and compensation of personnel
The memorial authorized herein shall be constructed in general, in
accordance with the plan approved by the United States Territorial
Expansion Memorial Commission on May 25, 1948. The Secretary of the
Interior is authorized to enter into such contracts as may be necessary
to carry out the purposes of sections 450jj to 450jj-9 of this title.
The Secretary is also authorized to employ, in his discretion, by
contract or otherwise, landscape architects, architects, engineers,
sculptors, artists, other expert consultants, or firms, partnerships, or
associations thereof, and to include in any such contract provision for
the utilization of the services and facilities, and the payment of the
travel and other expenses, of their respective organizations, in
accordance with the usual customs of the several professions and at the
prevailing rates for such services and facilities, without regard to the
civil-service laws or regulations, chapter 51 and subchapter III of
chapter 53 of title 5, section 5 of title 41, or any other law or
regulation relating to either employment or compensation.
(b) Easements; above-ground parking
The Secretary of the Interior, in connection with the construction
and operation of the memorial, is authorized to grant such easements as
are in the public interest, and, in his discretion, to convey to the
city of Saint Louis for above-ground parking structures, under such
terms and conditions as he may consider to be compatible with
maintaining the integrity, appearance, and purposes of said memorial,
such portion of the historic site as may in his judgment be excluded
therefrom without detriment thereto, subject, however, to reversion of
such portion of the historic site to the United States if such excluded
area ceases to be used for parking purposes by said city.
(c) Easements; public protection
The Secretary of the Interior is authorized to grant easements for
the purpose of erecting under-ground structures suitable for public
protection under such terms and conditions as he may consider to be
compatible with maintaining the integrity, appearance, and purposes of
said memorial.
(May 17, 1954, ch. 204, 2, 68 Stat. 99.)
Herein, referred to in subsec. (a), means act May 17, 1954, which is
generally classified to sections 450jj to 450jj-9 of this title. For
complete classification of this Act to the Code, see Tables.
The civil-service laws, referred to in subsec. (a), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
In subsec. (a), ''chapter 51 and subchapter III of chapter 53 of
title 5'' substituted for ''the Classification Act of 1949, as amended''
on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5, Government Organization and
Employees.
16 USC 450jj-2. Railroad agreement as condition precedent to
undertaking memorial project
TITLE 16 -- CONSERVATION
The memorial project authorized herein shall not be undertaken until
there shall have been reached an agreement satisfactory to the Secretary
of the Interior providing for the relocation of the railroad tracks and
structures now situated on lands adjacent to the Jefferson National
Expansion Memorial National Historic Site, between the boundary of the
site and the river. Such agreement shall contain such terms as may be
deemed desirable by the Secretary but shall contain a provision limiting
the Federal expenditure of funds in connection with such relocation of
the tracks and structures to work undertaken within the historic site
area.
(May 17, 1954, ch. 204, 3, 68 Stat. 99.)
Herein, referred to in text, means act May 17, 1954, which is
generally classified to sections 450jj to 450jj-9 of this title. For
complete classification of this Act to the Code, see Tables.
16 USC 450jj-3. Designation of additional land by Secretary; manner of
acquiring additional land
TITLE 16 -- CONSERVATION
(a) The Secretary of the Interior is further authorized to designate
for addition to the Jefferson National Expansion Memorial (hereinafter
in sections 450jj-3 to 450jj-9 of this title referred to as the
''Memorial'') not more than one hundred acres in the city of East Saint
Louis, Illinois, contiguous with the Mississippi River and between the
Eads Bridge and the Poplar Street Bridge, as generally depicted on the
map entitled ''Boundary Map, Jefferson National Expansion Memorial'',
numbered MWR-366/80,004, and dated February 9, 1984, which shall be on
file and available for public inspection in the offices of the National
Park Service, Department of the Interior. The additional acreage
authorized by this section is in recognition of the historical
significance of the Memorial site to the westward expansion of the
United States and the historical linkage of this site on the Mississippi
in both Missouri and Illinois to such expansion, the international
recognition of the Gateway Arch, designed by Eero Saarinen, as one of
the world's great sculptural and architectural achievements, and the
increasing use of the Memorial site by millions of people from all over
the United States and the world.
(b) Within the area designated in accordance with this section, the
Secretary of the Interior may acquire lands and interests in lands by
donation, purchase with donated or appropriated funds, or exchange,
except that lands owned by the State of Illinois or any political
subdivision thereof may be acquired only by donation.
(May 17, 1954, ch. 204, 4, as added Aug. 24, 1984, Pub. L. 98-398,
title II, 201(a), 98 Stat. 1467.)
A prior section 4 of act May 17, 1954, was renumbered as section 11
by Pub. L. 98-398, title II, 201(b)(1), Aug. 24, 1984, 98 Stat. 1472,
and is set out as a note under section 450jj of this title.
Section 202 of title II of Pub. L. 98-398 provided that: ''Any
provision of this title (or any amendment made by this title) (enacting
sections 450jj-3 to 450jj-9 of this title and enacting and amending
provisions set out as notes under section 450jj of this title) which,
directly or indirectly, authorizes the enactment of new budget authority
described in section 402(a) of the Congressional Budget Act of 1974 (2
U.S.C. 652(a)) shall be effective only for fiscal years beginning after
September 30, 1983.''
16 USC 450jj-4. Transfer of land
TITLE 16 -- CONSERVATION
Where appropriate in the discretion of the Secretary of the Interior,
he may transfer by lease or otherwise, to any appropriate person or
governmental entity, land owned by the United States (or any interest
therein) which has been acquired by the Secretary under section 450jj-3
of this title. Any such transfer shall be consistent with the
management plan for the area and with the requirements of section
460l-22 of this title and shall be subject to such conditions and
restrictions as the Secretary deems necessary to carry out the purposes
of sections 450jj to 450jj-9 of this title, including terms and
conditions which provide for --
(1) the continuation of existing uses of the land which are
compatible with the Memorial,
(2) the protection of the important historical resources of the
leased area, and
(3) the retention by the Secretary of such access and development
rights as the Secretary deems necessary to provide for appropriate
visitor use and resource management.
In transferring any lands or interest in lands under this section,
the Secretary shall take into account the views of the Commission
established under section 450jj-7 of this title.
(May 17, 1954, ch. 204, 5, as added Aug. 24, 1984, Pub. L. 98-398,
title II, 201(a), 98 Stat. 1468.)
A prior section 5 of act May 17, 1954, which contained a limitation
on the appropriation authorization and a prohibition on expenditure of
Government funds and which was classified as a note under section 450jj
of this title, was eliminated by the amendment made by Pub. L. 85-936,
Sept. 6, 1958, 72 Stat. 1794.
16 USC 450jj-5. Administration of Memorial; cooperation with State and
local governments and private sector
TITLE 16 -- CONSERVATION
Lands and interests in lands acquired pursuant to section 450jj-3 of
this title shall, upon acquisition, be a part of the Memorial. The
Secretary of the Interior shall administer the Memorial in accordance
with sections 450jj to 450jj-9 of this title and the provisions of law
generally applicable to units of the national park system, including
sections 1 and 2 to 4 of this title and sections 461 to 467 of this
title. In the development, management, and operation of that portion of
the Memorial which is added to the Memorial under section 450jj-3 of
this title, the Secretary shall, to the maximum extent feasible, utilize
the assistance of State and local government agencies and the private
sector. For such purposes, the Secretary may, consistent with the
management plan for the area, enter into cooperative agreements with the
State, with any political subdivision of the State, or with any person.
Any such cooperative agreement shall, at a minimum, establish procedures
for providing notice to the Secretary of any action proposed by the
State, such political subdivision, or such person, which may affect the
area.
(May 17, 1954, ch. 204, 6, as added Aug. 24, 1984, Pub. L. 98-398,
title II, 201(a), 98 Stat. 1468.)
16 USC 450jj-6. Jefferson National Expansion Memorial Commission
TITLE 16 -- CONSERVATION
(a) Establishment
There is hereby established the Jefferson National Expansion Memorial
Commission (hereinafter in sections 450jj-6 to 450jj-9 of this title
referred to as the ''Commission'').
(b) Composition
The Commission shall be composed of twenty members as follows:
(1) The county executive of Saint Louis County, Missouri, ex officio,
or a delegate.
(2) The chairman of the Saint Clair County Board of Supervisors,
Illinois, ex officio, or a delegate.
(3)(A) The executive director of the Bi-State Development Agency,
Saint Louis, Missouri, ex officio, or a delegate.
(B) A member of the Bi-State Development Agency, Saint Louis,
Missouri, who is not a resident of the same State as the executive
director of such agency, appointed by a majority of the members of such
agency, or a delegate.
(4) The mayor of the city of East Saint Louis, Illinois, ex officio,
or a delegate.
(5) The mayor of Saint Louis, Missouri, ex officio, or a delegate.
(6) The Governor of the State of Illinois, ex officio, or a delegate.
(7) The Governor of the State of Missouri, ex officio, or a delegate.
(8) The Secretary of the Interior, ex officio, or a delegate.
(9) The Secretary of Housing and Urban Development, ex officio, or a
delegate.
(10) The Secretary of Transportation, ex officio, or a delegate.
(11) The Secretary of the Treasury, ex officio, or a delegate.
(12) The Secretary of Commerce, ex officio, or a delegate.
(13) The Secretary of the Smithsonian Institution, ex officio, or a
delegate.
(14) Three individuals appointed by the Secretary of the Interior
from a list of individuals nominated by the mayor of East Saint Louis,
Illinois, and the Governor of the State of Illinois.
(15) Three individuals appointed by the Secretary of the Interior
from a list of individuals nominated by the mayor of Saint Louis,
Missouri, and the Governor of the State of Missouri.
Individuals nominated for appointment under paragraphs (14) and (15)
shall be individuals who have knowledge and experience in one or more of
the fields of parks and recreation, environmental protection, historic
preservation, cultural affairs, tourism, economic development, city
planning and management, finance, or public administration. A vacancy
in the Commission shall be filled in the manner in which the original
appointment was made.
(c) Term of office of members
(1) Except as provided in paragraphs (2) and (3), members of the
Commission shall be appointed for terms of three years.
(2) Of the members of the Commission first appointed under paragraphs
(14) and (15) of subsection (c) of this section --
(A) two shall be appointed for terms of one year;
(B) two shall be appointed for terms of two years; and
(C) two shall be appointed for terms of three years;
as designated by the Secretary of the Interior at the time of
appointment.
(3) Any member of the Commission appointed to fill a vacancy
occurring before the expiration of the term for which his predecessor
was appointed shall be appointed only for the remainder of such term. A
member of the Commission may serve after the expiration of his term
until his successor has taken office.
(d) Compensation of members; travel expenses and per diem
Members of the Commission shall receive no pay on account of their
service on the Commission, but while away from their homes or regular
places of business in the performance of services for the Commission,
members of the Commission shall be allowed travel expenses, including
per diem in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703 of title 5.
(e) Chairperson
The chairperson of the Commission shall be elected by the members of
the Commission.
(f) Assistance from Federal agencies
Upon request of the Commission, the head of any Federal agency
represented by members on the Commission may detail any of the personnel
or /1/ such agency, or provide administrative services to the Commission
to assist the Commission in carrying out the Commission's duties under
section 450jj-7 of this title.
(g) Gifts, bequests, or donations
The Commission may, for the purposes of carrying out the Commission's
duties under section 450jj-7 of this title, seek, accept, and dispose of
gifts, bequests, or donations of money, personal property, or services,
received from any source.
(h) Termination; extension
(1) Except as provided in paragraph (2), the Commission shall
terminate on the day occurring ten years after August 24, 1984.
(2) The Secretary of the Interior may extend the life of the
Commission for a period of not more than five years beginning on the day
referred to in paragraph (1) if the Commission determines that such
extension is necessary in order for the Commission to carry out sections
450jj to 450jj-9 of this title.
(May 17, 1954, ch. 204, 7, as added Aug. 24, 1984, Pub. L. 98-398,
title II, 201(a), 98 Stat. 1469.)
/1/ So in original. Probably should be ''of''.
16 USC 450jj-7. Development and management plan for East Saint Louis,
Illinois, portion of Memorial
TITLE 16 -- CONSERVATION
(a) Within two years from August 24, 1984, the Commission shall
develop and transmit to the Secretary a development and management plan
for the East Saint Louis, Illinois, portion of the Memorial. The plan
shall include --
(1) measures for the preservation of the area's resources;
(2) indications of types and general intensities of development
(including visitor circulation and transportation patterns, systems, and
modes) associated with public enjoyment and use of the area, including
general locations, timing of implementation, and cost estimates;
(3) identification of any implementation commitments for visitor
carrying capacities for all areas of the area;
(4) indications of potential modifications to the external boundaries
of the area, the reasons therefore, /1/ and cost estimates;
(5) measures and commitments for insuring that the development,
management, and operation of the area in the State of Illinois are
compatible with the portion of the Memorial in the State of Missouri;
(6) opportunities and commitments for cooperative activities in the
development, management, and operation of the East Saint Louis portion
of the Memorial with other Federal, State, and local agencies, and the
private sector; and
(7) effective and appropriate ways to increase local participation in
the management of the East Saint Louis portion of the Memorial to help
reduce the day-to-day operational and management responsibilities of the
National Park Service and to increase opportunities for local
employment.
(b) The plan shall also identify and include --
(1) needs, opportunities, and commitments for the aesthetic and
economic rehabilitation of the entire East Saint Louis, Illinois,
waterfront and adjacent areas, in a manner compatible with and
complementary to, the Memorial, including the appropriate commitments
and roles of the Federal, State, and local governments and the private
sector; and
(2) cost estimates and recommendations for Federal, State, and local
administrative and legislative actions.
In carrying out its duties under this section, the Commission shall
take into account Federal, State, and local plans and studies respecting
the area, including the study by the National Park Service on the
feasibility of a museum of American ethnic culture to be a part of any
development plans for the Memorial.
(May 17, 1954, ch. 204, 8, as added Aug. 24, 1984, Pub. L. 98-398,
title II, 201(a), 98 Stat. 1470.)
/1/ So in original. Probably should be ''therefor,''.
16 USC 450jj-8. Approval of plan by Secretary; transmission of notice
of approval to Congressional committees
TITLE 16 -- CONSERVATION
(a) Upon completion of the plan, the Commission shall transmit the
plan to the secretary /1/ for his review and approval of its adequacy
and appropriateness. In order to approve the plan, the Secretary must
be able to find affirmatively that:
(1) The plan addresses all elements outlined in section 450jj-7 of
this title;
(2) The plan is consistent with the Saint Louis, Missouri, portion of
the Memorial;
(3) There are binding commitments to fund land acquisition and
development, including visitor circulation and transportation systems
and modes, in amounts sufficient to completely implement the plan as
recommended by the Commission from sources other than funds authorized
to be appropriated in sections 450jj to 450jj-9 of this title; and
(4) There are binding commitments to fund or provide the equivalent
of all costs in excess of $350,000 per annum for the continued
management, operation, and protection of the East Saint Louis, Illinois,
portion of the Memorial.
(b) The Secretary shall transmit in writing a notice of his approval
and his certification as to the existence and nature of funding
commitments contained in the approved plan to the Committee on Interior
and Insular Affairs of the House of Representatives and to the Committee
on Energy and Natural Resources of the United States Senate.
(May 17, 1954, ch. 204, 9, as added Aug. 24, 1984, Pub. L. 98-398,
title II, 201(a), 98 Stat. 1471.)
/1/ So in original. Probably should be capitalized.
16 USC 450jj-9. Activities in Memorial area pending submission of plan
TITLE 16 -- CONSERVATION
Pending submission of the Commission's plan, any Federal entity
conducting or supporting significant activities directly affecting East
Saint Louis, Illinois, generally and the site specifically referred to
in section 450jj-3 of this title shall --
(1) consult with the Secretary of the Interior and the Commission
with respect to such activities;
(2) cooperate with the Secretary of the Interior and the Commission
in carrying out their duties under sections 450jj to 450jj-9 of this
title, and to the maximum extent practicable, coordinate such activities
with the carrying out of such duties; and
(3) to the maximum extent practicable, conduct or support such
activities in a manner which the Secretary determines will not have an
adverse effect on the Memorial.
(May 17, 1954, ch. 204, 10, as added Aug. 24, 1984, Pub. L. 98-398,
title II, 201(a), 98 Stat. 1471.)
16 USC 450kk. Fort Union National Monument; acquisition of site and
other lands; reversions and reservations
TITLE 16 -- CONSERVATION
In order to preserve and protect, in the public interest, the
historic Old Fort Union, situated in the county of Mora, State of New
Mexico, and to provide adequate public access thereto, the Secretary of
the Interior is authorized to acquire on behalf of the United States by
donation, or he may procure with donated funds, the site and remaining
structures of Old Fort Union, together with such additional land,
interests in land, and improvements thereon as the Secretary in his
discretion may deem necessary to carry out the purposes of this section
and section 450kk-1 of this title. Donated lands may be accepted
subject to such reservations, terms, and conditions as may be
satisfactory to the Secretary, including right of reversion to donor, or
its successors and assigns, upon abandonment as a national monument, and
reservation of mineral rights subject to condition that surface of
donated lands may not be used or disturbed in connection therewith,
without the consent of the Secretary.
(June 28, 1954, ch. 401, 1, 68 Stat. 298.)
16 USC 450kk-1. Establishment; publication in Federal Register;
additional properties
TITLE 16 -- CONSERVATION
Upon a determination of the Secretary of the Interior that sufficient
land and other property have been acquired by the United States for
national-monument purposes, as provided in section 450kk of this title,
such property shall be established as the ''Fort Union National
Monument'' and thereafter shall be administered by the Secretary of the
Interior in accordance with the laws and regulations applicable to
national monuments. An order of the Secretary, constituting notice of
such establishment, shall be published in the Federal Register.
Following establishment of the national monument, additional
properties may be acquired as provided in section 450kk of this title,
which properties, upon acquisition of title thereto by the United
States, shall become a part of the national monument: Provided, That
the total area of the national monument established pursuant to this
section and section 450kk of this title shall not exceed one thousand
acres, exclusive of such adjoining lands as may be covered by scenic
easements.
(June 28, 1954, ch. 401, 2, 68 Stat. 299.)
16 USC 450ll. Booker T. Washington National Monument; acquisition of
site
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized and directed to acquire,
on behalf of the United States, by gift, purchase, or condemnation, all
right, title, and interest in and to the real property located at Booker
Washington Birthplace, Virginia.
(Apr. 2, 1956, ch. 158, 1, 70 Stat. 86.)
Section 4 of act Apr. 2, 1956, as amended by Pub. L. 92-272, title
II, 201(2), Apr. 11, 1972, 86 Stat. 120, provided that: ''There are
authorized to be appropriated such sums not to exceed $600,000 as may be
necessary to carry out the provisions of this act (sections 450ll to
450ll-2 of this title).''
16 USC 450ll-1. Establishment and supervision
TITLE 16 -- CONSERVATION
The real property acquired under section 450ll of this title shall
constitute the Booker T. Washington National Monument and shall be a
public national memorial to Booker T. Washington, noted Negro educator
and apostle of good will. The Secretary of the Interior shall have the
supervision, management, and control of such national monument, and
shall maintain and preserve it in a suitable and enduring manner which,
in his judgment, will provide for the benefit and enjoyment of the
people of the United States.
(Apr. 2, 1956, ch. 158, 2, 70 Stat. 86.)
16 USC 450ll-2. Maintenance of museum; provision for parks,
construction of roads and use of markers
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to --
(1) maintain, either in an existing structure acquired under section
450ll of this title or in a building constructed by him for the purpose,
a museum for relics and records pertaining to Booker T. Washington, and
for other articles of national and patriotic interest, and to accept, on
behalf of the United States, for installation in such museum, articles
which may be offered as additions to the museum; and
(2) provide for public parks and recreational areas, construct roads
and mark with monuments, tablets, or otherwise, points of interest,
within the boundaries of the Booker T. Washington National Monument.
(Apr. 2, 1956, ch. 158, 3, 70 Stat. 86.)
16 USC 450mm. Fort Clatsop National Memorial; establishment
TITLE 16 -- CONSERVATION
For the purpose of commemorating the culmination, and the winter
encampment, of the Lewis and Clark Expedition following its successful
crossing of the North American Continent, there is authorized to be
established, in the manner provided herein, Fort Clatsop National
Memorial.
(Pub. L. 85-435, 1, May 29, 1958, 72 Stat. 153.)
16 USC 450mm-1. Designation of land and improvements; size
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall designate for inclusion in Fort
Clatsop National Memorial land and improvements thereon located in
Clatsop County, Oregon, which are associated with the winter encampment
of the Lewis and Clark Expedition, known as Fort Clatsop, including the
site of the salt cairn (specifically, lot number 18, block 1, Cartwright
Park Addition of Seaside, Oregon) utilized by that expedition and
adjacent portions of the old trail which led overland from the fort to
the coast: Provided, That the total area so designated shall contain no
more than one hundred and thirty acres.
(Pub. L. 85-435, 2, May 29, 1958, 72 Stat. 153; Pub. L. 95-625,
title III, 311, Nov. 10, 1978, 92 Stat. 3478.)
1978 -- Pub. L. 95-625 authorized Secretary to include in Fort
Clatsop National Memorial the site of salt cairn (specifically, lot
number 18, block 1, Cartwright Park Addition of Seaside, Oregon)
utilized by the Lewis and Clark Expedition and authorized an increase to
one hundred and thirty from one hundred and twenty-five acres for the
area.
16 USC 450mm-2. Acquisition of lands
TITLE 16 -- CONSERVATION
Within the area designated pursuant to section 450mm-1 of this title,
the Secretary of the Interior is authorized to acquire land and
interests in land by purchase, donation, with donated funds, or by such
other means as he deems to be in the public interest.
(Pub. L. 85-435, 3, May 29, 1958, 72 Stat. 153.)
16 USC 450mm-3. Effective date; administration
TITLE 16 -- CONSERVATION
Establishment of Fort Clatsop National Memorial shall be effected
when there is vested in the United States of America title to not less
than one hundred acres of land associated with the historical events to
be commemorated. Following its establishment, Fort Clatsop National
Memorial shall be administered by the Secretary of the Interior pursuant
to sections 1 and 2 to 4 of this title, as amended.
(Pub. L. 85-435, 4, May 29, 1958, 72 Stat. 153.)
16 USC 450nn. General Grant National Memorial; establishment
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized and directed to accept,
as a gift to the United States, title to the real property known as
Grant's Tomb at Riverside Drive and West One Hundred and Twenty-Second
Street in New York, New York, and thereafter to administer and maintain
such real property as the General Grant National Memorial.
(Pub. L. 85-659, Aug. 14, 1958, 72 Stat. 614.)
16 USC 450oo. Grand Portage National Monument; establishment;
effective date
TITLE 16 -- CONSERVATION
For the purpose of preserving an area containing unique historical
values, there is authorized to be established, in the manner hereinafter
provided, the Grand Portage National Monument in the State of Minnesota
which, subject to valid existing rights, shall comprise the following
described lands:
16 USC northwest company area
TITLE 16 -- CONSERVATION
Tract numbered 1 beginning at a point about 28 feet from the water
line of Lake Superior and on the east boundary of the southwest quarter
of the southeast quarter of section 4, said point marked by a brass plug
numbered I; thence northerly along said boundary line a distance of
273.70 feet to a point marked by a brass plug numbered II; thence in a
westerly direction parallel to the south one-sixteenth line of section 4
a distance of 1,320 feet to the intersection of said line with the
north-south quarter line of section 4, said point of intersection being
in the bed of a stream and witnessed by an iron pipe located 60 feet
southerly from said point and on the north-south quarter line, and on
the west bank of said stream; thence southerly along said north-south
quarter line a distance of 120 feet to the point of intersection of said
north-south quarter line and the south one-sixteenth line of section 4
marked by an iron pipe set in concrete; thence westerly along said
one-sixteenth line a distance of 120 feet to a point in path marked by
brass plug numbered IV; thence southerly in a direction parallel to the
north-south quarter line of section 4 a distance of 660 feet to an iron
bolt in road intersection; thence westerly parallel to the south
one-sixteenth line of section 4 a distance of 1,200 feet to the point of
intersection of said line with the west one-sixteenth line of said
section 4 and marked by a brass plug numbered VI; thence southerly
along said west one-sixteenth line a distance of 1,760 feet to a point
marked by a brass plug numbered VII; thence easterly along a line
parallel to the north section line of section 9 a distance of 486.21
feet to a point marked by an inclined iron pipe, said point being the
point where the said iron pipe enters the concrete; thence along the
said line extended a distance of approximately 39 feet to the water's
edge; thence along the shore line of Lake Superior to the point where
said shore line intersects the east one-sixteenth line of section 4
extended; thence northerly along said one-sixteenth line to place of
beginning, all being located in sections 4 and 9, township 63, north,
range 6 east, in Grand Portage Indian Reservation, State of Minnesota.
Right-of-way for existing Bureau of Indian Affairs roads within the
above described parcel of land is excluded therefrom.
Tract numbered 2 beginning at the point on the west one-sixteenth
line of section 9 marked by brass plug numbered VII referred to in the
description of tract numbered 1 above, thence westerly along a line
parallel to the north section line of section 9 a distance of 275 feet
to a point marked by an iron pipe; thence northerly along a line
parallel to the west one-sixteenth line of section 9 a distance of
443.63 feet to a point marked by an iron pipe; thence easterly along a
line parallel to the north section line of section 9 to the point of
intersection of west one-sixteenth line of section 9; thence southerly
along said one-sixteenth line to point of beginning, all lying in
section 9 of township 63 north, range 6 east, in the Grand Portage
Indian Reservation, State of Minnesota.
16 USC fort charlotte area
TITLE 16 -- CONSERVATION
The northeast quarter, section 29, township 64 north, range 5 east,
or such lands within this quarter section as the Secretary of the
Interior shall determine to be necessary for the protection and
interpretation of the site of Fort Charlotte.
16 USC grand portage trail section
TITLE 16 -- CONSERVATION
A strip of land 100 feet wide centering along the old Portage Trail
beginning at the point where the trail intersects the present road to
Grand Portage School, and continuing to the proposed United States
Highway 61 right-of-way relocation in the northeast quarter of the
northwest quarter, section 4, township 63 north, range 6 east, a strip
of land 600 feet wide centering along the old Portage Trail as
delineated on original General Land Office survey maps, from the north
side of the proposed right-of-way to lands described at the Fort
Charlotte site.
Establishment of the foregoing areas as the Grand Portage National
Monument shall be effective when title to that portion of the aforesaid
lands and interests in lands which is held in trust by the United States
of America for the Minnesota Chippewa Tribe and the Grand Portage Band
of Chippewa Indians, Minnesota, has been relinquished in accordance with
section 450oo-1 of this title to the Secretary of the Interior for
administration as a part of the Grand Portage National Monument. Notice
of the establishment of the monument as authorized and prescribed by
sections 450oo to 450oo-10 of this title shall be published in the
Federal Register.
(Pub. L. 85-910, 1, Sept. 2, 1958, 72 Stat. 1751.)
16 USC 450oo-1. Acceptance of donations of land; instruments of
relinquishment; life assignments
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept, as a donation,
the relinquishment of all right, title, and interest of the Minnesota
Chippewa Tribe and the Grand Portage Band of Chippewa Indians,
Minnesota, in and to any of the lands described in section 450oo of this
title which is now held in trust by the United States of America for the
said tribe or band; the executive committee of the Minnesota Chippewa
Tribe and the tribal council of the Grand Portage Band of Chippewa
Indians, Minnesota, are authorized to execute such instruments of
relinquishment in favor of the United States; and acceptance of the
relinquishment by the Secretary shall operate as a transfer of custody,
control and administration of such properties for administration and as
a part of the Grand Portage National Monument: Provided, That upon the
acceptance of any donated lands and interests therein the Secretary
shall recognize, honor, and respect, in accordance with the terms
thereof, any existing life assignments on such properties.
(Pub. L. 85-910, 2, Sept. 2, 1958, 72 Stat. 1752.)
16 USC 450oo-2. Procurement of other lands within monument
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to procure any and all
other lands or interests therein within the monument, including, but not
limited to, any and all nontrust lands therein owned in fee simple by
the Grand Portage Band of Chippewa Indians, Minnesota, and the council
of said band is authorized to sell and convey such nontrust lands to the
United States of America.
(Pub. L. 85-910, 3, Sept. 2, 1958, 72 Stat. 1752.)
16 USC 450oo-3. Visitor accommodations and services
TITLE 16 -- CONSERVATION
The Secretary of the Interior, under regulations prescribed by him,
shall grant recognized members of the Minnesota Chippewa Tribe the
preferential privilege to provide those visitor accommodations and
services, including guide services, which he deems are necessary within
the monument.
(Pub. L. 85-910, 4, Sept. 2, 1958, 72 Stat. 1753.)
16 USC 450oo-4. Employment preferences
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall, insofar as practicable, give
first preference to employment of recognized members of the Minnesota
Chippewa Tribe in the performance of any construction, maintenance, or
any other service within the monument for which they are qualified.
(Pub. L. 85-910, 5, Sept. 2, 1958, 72 Stat. 1753.)
16 USC 450oo-5. Production and sale of handicraft objects;
noninterference with trade or business outside monument
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall encourage recognized members of
the Minnesota Chippewa Tribe in the production and sale of handicraft
objects within the monument. The administration of the Grand Portage
National Monument shall not in any manner interfere with the operation
or existence of any trade or business of said tribe outside the
boundaries of the national monument.
(Pub. L. 85-910, 6, Sept. 2, 1958, 72 Stat. 1753.)
16 USC 450oo-6. Traversing privileges; regulations
TITLE 16 -- CONSERVATION
Recognized members of the Minnesota Chippewa Tribe shall not be
denied the privilege of traversing the area included within the Grand
Portage National Monument for the purposes of logging their land,
fishing, or boating, or as a means of access to their homes, businesses,
or other areas of use and they shall have the right to traverse such
area in pursuit of their traditional rights to hunt and trap outside the
monument: Provided, That, in order to preserve and interpret the
historic features and attractions within the monument, the Secretary may
prescribe reasonable regulations under which the monument may be
traversed.
(Pub. L. 85-910, 7, Sept. 2, 1958, 72 Stat. 1753.)
16 USC 450oo-7. Docking facilities
TITLE 16 -- CONSERVATION
The Secretary of the Interior, subject to the availability of
appropriated funds, shall construct and maintain docking facilities at
the Northwest Company area for use in connection with the monument.
Such facilities shall be available for use by the Minnesota Chippewa
Tribe and its recognized members, without charge to them, under
regulations to be prescribed by the Secretary.
(Pub. L. 85-910, 8, Sept. 2, 1958, 72 Stat. 1753.)
16 USC 450oo-8. Advisory assistance for developments upon adjacent
lands
TITLE 16 -- CONSERVATION
To the extent that appropriated funds and personnel are available
therefor, the Secretary of the Interior shall provide consultative or
advisory assistance to the Minnesota Chippewa Tribe and the Grand
Portage Band of Chippewa Indians, Minnesota, in the planning of
facilities or developments upon the lands adjacent to the monument.
(Pub. L. 85-910, 9, Sept. 2, 1958, 72 Stat. 1753.)
16 USC 450oo-9. Administration, protection, and development
TITLE 16 -- CONSERVATION
When establishment of the monument has been effected, pursuant to
sections 450oo to 450oo-10 of this title, the Secretary of the Interior
shall administer, protect, and develop the monument in accordance with
the provisions of sections 1 and 2 to 4 of this title, as amended.
(Pub. L. 85-910, 10, Sept. 2, 1958, 72 Stat. 1753.)
16 USC 450oo-10. Reversion upon abandonment
TITLE 16 -- CONSERVATION
In the event the Grand Portage National Monument is abandoned at any
time after its establishment, title to the lands relinquished by the
Minnesota Chippewa Tribe and the Grand Portage Band of Chippewa Indians,
Minnesota, pursuant to section 450oo-1 of this title shall thereupon
automatically revert to the Minnesota Chippewa Tribe and the Grand
Portage Band of Chippewa Indians, Minnesota, their successors or
assigns. In such event, the title will be taken in a fee simple status
unless the United States holds other lands in trust for the Minnesota
Chippewa Tribe or the Grand Portage Band of Chippewa Indians, Minnesota,
in which event the title shall revert to the United States in trust for
the Minnesota Chippewa Tribe or the Grand Portage Band of Chippewa
Indians, Minnesota.
(Pub. L. 85-910, 11, Sept. 2, 1958, 72 Stat. 1753.)
16 USC 450pp. Roger Williams National Memorial; acquisition of site
TITLE 16 -- CONSERVATION
The Secretary of the Interior may acquire by gift, purchase with
appropriated or donated funds, transfer from any Federal agency,
exchange, or otherwise, not to exceed five acres of land (together with
any buildings or other improvements thereon) and interests in land at
the site of the old town spring, traditionally called Roger Williams
Spring, in Providence, Rhode Island, for the purpose of establishing
thereon a national memorial to Roger Williams in commemoration of his
outstanding contributions to the development of the principles of
freedom in this country: Provided, That property owned by the city of
Providence or the Providence Redevelopment Agency may be acquired only
with the consent of such owner.
(Pub. L. 89-293, 1, Oct. 22, 1965, 79 Stat. 1069.)
16 USC 450pp-1. Establishment; notice of establishment;
administration
TITLE 16 -- CONSERVATION
The property acquired pursuant to section 450pp of this title shall
be established as the Roger Williams National Memorial and the Secretary
of the Interior shall publish notice of such establishment in the
Federal Register. Such national Memorial shall be administered by the
Secretary subject to the provisions of sections 1 and 2 to 4 of this
title, as amended and supplemented, and sections 461 to 467 of this
title.
(Pub. L. 89-293, 2, Oct. 22, 1965, 79 Stat. 1069.)
16 USC 450pp-2. Cooperation with city of Providence and local
historical and preservation societies
TITLE 16 -- CONSERVATION
(a) Maintenance, operation, and development
The Secretary is authorized to cooperate with the city of Providence,
local historical and preservation societies, and interested persons in
the maintenance and operation of the Roger Williams National Memorial,
and he may seek the assistance of and consult with such city, societies,
and persons from time to time with respect to matters concerning the
development and operation of the memorial.
(b) Acceptance of gifts
The Secretary may accept on behalf of the people of the United States
gifts of historic objects and records pertaining to Roger Williams for
appropriate display or other use in keeping with the commemoration of
the founding of the principles of freedom in the United States and of
the historical events that took place in the city of Providence in
connection therewith.
(Pub. L. 89-293, 3, Oct. 22, 1965, 79 Stat. 1070.)
16 USC 450pp-3. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated not more than $146,000
for the acquisition of lands and interests in land and not more than
$1,862,000 for the development of the Roger Williams National Memorial,
as provided in sections 450pp to 450pp-3 of this title.
(Pub. L. 89-293, 4, Oct. 22, 1965, 79 Stat. 1070; Pub. L. 96-607,
title I, 101, Dec. 28, 1980, 94 Stat. 3539.)
1980 -- Pub. L. 96-607 substituted ''$146,000 for the acquisition of
lands and interests in land and not more than $1,862,000'' for
''$700,000 for the acquisition of lands and interests in land and''.
16 USC 450qq to 450qq-4. Omitted
TITLE 16 -- CONSERVATION
Sections provided for the Biscayne National Monument which was
abolished and its lands, waters, and interests incorporated within and
made part of the Biscayne National Park and funds of and authorizations
of funds for the Monument made available for the Park pursuant to Pub.
L. 96-287, title I, 103(b), June 28, 1980, 94 Stat. 600, classified to
section 410gg-2(b) of this title.
Section 450qq, Pub. L. 90-606, 1, Oct. 18, 1968, 82 Stat. 1188,
authorized establishment of the Monument, made drawings of the Monument
area available for public inspection in the offices of the National Park
Service, authorized revision of boundaries, prescribed limitation of
ninety-six thousand three hundred acres, and prohibited outward revision
of the Monument or obstruction of prospective seaport channels. See
section 410gg of this title.
Section 450qq-1, Pub. L. 90-606, 2, Oct. 18, 1968, 82 Stat. 1188,
provided for acquisition of property, authorized maximum of eighty acres
for a mainland headquarters site and forty acres for a Key Largo visitor
contact site, and authorized exchange of Federal for non-Federal
property, including cash equalization payments. See section 410gg-1 of
this title.
Section 450qq-2, Pub. L. 90-606, 3, Oct. 18, 1968, 82 Stat. 1189,
required the donation and transfer of State lands as condition for
establishment of the Monument and Federal acquisition of other lands,
and authorized land options for the Secretary and acquisitions to be
made after State transfers.
Section 450qq-3, Pub. L. 90-606, 4, Oct. 18, 1968, 82 Stat. 1189,
provided for administration of the Monument and recognition of fishing
rights under Florida law as otherwise regulated by the Secretary. See
section 410gg-2 of this title.
Section 450qq-4, Pub. L. 90-606, 5, Oct. 18, 1968, 82 Stat. 1189;
Pub. L. 93-477, title I, 101(1), Oct. 26, 1974, 88 Stat. 1445; Pub.
L. 95-625, title I, 101(4), Nov. 10, 1978, 92 Stat. 3470, authorized
appropriation of $28,350,000 and $6,565,000 for land acquisition and
development. See section 410gg-5 of this title.
16 USC 450rr. R.M.S. Titanic; international maritime memorial;
findings and purposes
TITLE 16 -- CONSERVATION
(a) Findings
The Congress finds that --
(1) the R.M.S. Titanic, the ocean liner which sank on her maiden
voyage after striking an iceberg on April 14, 1912, should be designated
as an international maritime memorial to the men, women, and children
who perished aboard her;
(2) the recent discovery of the R.M.S. Titanic, lying more than
twelve thousand feet beneath the ocean surface, demonstrates the
practical applications of ocean science and engineering;
(3) the R.M.S. Titanic, well preserved in the cold, oxygen-poor
waters of the deep North Atlantic Ocean, is of major national and
international cultural and historical significance, and merits
appropriate international protection; and
(4) the R.M.S. Titanic represents a special opportunity for deep
ocean scientific research and exploration.
(b) Purpose
The Congress declares that the purposes of sections 450rr to 450rr-6
of this title are --
(1) to encourage international efforts to designate the R.M.S.
Titanic as an international maritime memorial to those who lost their
lives aboard her in 1912;
(2) to direct the United States to enter into negotiations with other
interested nations to establish an international agreement which will
provide for the designation of the R.M.S. Titanic as an international
maritime memorial, and protect the scientific, cultural, and historical
significance of the R.M.S. Titanic;
(3) to encourage, in those negotiations or in other fora, the
development and implementation of international guidelines for
conducting research on, exploration of, and if appropriate, salvage of
the R.M.S. Titanic; and
(4) to express the sense of the United States Congress that, pending
such international agreement or guidelines, no person should physically
alter, disturb, or salvage the R.M.S. Titanic in any research or
exploratory activities which are conducted.
(Pub. L. 99-513, 2, Oct. 21, 1986, 100 Stat. 2082.)
Section 1 of Pub. L. 99-513 provided that: ''This Act (enacting
this section and sections 450rr-1 to 450rr-6 of this title) may be cited
as the 'R.M.S. Titanic Maritime Memorial Act of 1986'.''
16 USC 450rr-1. Definitions
TITLE 16 -- CONSERVATION
For the purposes of sections 450rr to 450rr-6 of this title, the term
--
(a) ''Administrator'' means the Administrator of the National Oceanic
and Atmospheric Administration (NOAA);
(b) ''person'' means any individual (whether or not a citizen or
national of the United States), any corporation, partnership,
association, or other entity (whether or not organized or existing under
the laws of any State), and any Federal, State, local, or foreign
government or any entity of any such government;
(c) ''R.M.S. Titanic'' means the shipwrecked vessel R.M.S. Titanic,
her cargo or other contents, including those items which are scattered
on the ocean floor in her vicinity; and
(d) ''Secretary'' means the Secretary of State.
(Pub. L. 99-513, 3, Oct. 21, 1986, 100 Stat. 2082.)
16 USC 450rr-2. Commendation
TITLE 16 -- CONSERVATION
The Congress of the United States highly commends the members of the
joint international expedition which discovered the R.M.S. Titanic.
(Pub. L. 99-513, 4, Oct. 21, 1986, 100 Stat. 2083.)
16 USC 450rr-3. International guidelines
TITLE 16 -- CONSERVATION
(a) The Administrator is directed to enter into consultations with
the United Kingdom, France, Canada, and other interested nations to
develop international guidelines for research on, exploration of, and if
appropriate, salvage of the R.M.S. Titanic, which --
(1) are consistent with its national and international scientific,
cultural, and historical significance and the purposes of sections 450rr
to 450rr-6 of this title; and
(2) promote the safety of individuals involved in such operations.
(b) In carrying out subsection (a) of this section, the Administrator
shall consult with the Secretary and shall promote full participation by
other interested Federal agencies, academic and research institutions,
and members of the public.
(Pub. L. 99-513, 5, Oct. 21, 1986, 100 Stat. 2083.)
16 USC 450rr-4. International agreement
TITLE 16 -- CONSERVATION
(a) Negotiations
The Secretary is directed to enter into negotiations with the United
Kingdom, France, Canada, and other interested nations to develop an
international agreement which provides for --
(1) the designation of the R.M.S. Titanic as an international
maritime memorial; and
(2) research on, exploration of, and if appropriate, salvage of the
R.M.S. Titanic consistent with the international guidelines developed
pursuant to section 450rr-3 of this title and the purposes of sections
450rr to 450rr-6 of this title.
(b) Consultation with Administrator
In carrying out the requirements of subsection (a) of this section,
the Secretary shall consult with the Administrator, who shall provide
research and technical assistance to the Secretary.
(c) Reports to Congressional committees on progress of negotiations
and consultations
The Secretary and the Administrator shall report semiannually to the
Committee on Merchant Marine and Fisheries and the Committee on Foreign
Affairs in the House of Representatives and to the Committee on Foreign
Relations and the Committee on Commerce, Science, and Transportation in
the Senate on the progress of the negotiations and consultations.
(d) Notification of agreement and recommendations to Congressional
committees
Upon adoption of an international agreement as described in
subsection (a) of this section, the Secretary shall provide notification
of the agreement and recommendations for legislation to implement the
agreement to the Committee on Merchant Marine and Fisheries and the
Committee on Foreign Affairs in the House of Representatives and to the
Committee on Foreign Relations and the Committee on Commerce, Science,
and Transportation in the Senate.
(Pub. L. 99-513, 6, Oct. 21, 1986, 100 Stat. 2083.)
16 USC 450rr-5. Sense of Congress regarding conduct of future
activities
TITLE 16 -- CONSERVATION
It is the sense of Congress that research and limited exploration
activities concerning the R.M.S. Titanic should continue for the purpose
of enhancing public knowledge of its scientific, cultural, and
historical significance: Provided, That, pending adoption of the
international agreement described in section 450rr-4(a) of this title or
implementation of the international guidelines described in section
450rr-3 of this title, no person should conduct any such research or
exploration activity which would physically alter, disturb, or salvage
the R.M.S. Titanic.
(Pub. L. 99-513, 7, Oct. 21, 1986, 100 Stat. 2084.)
16 USC 450rr-6. Disclaimer of extraterritorial sovereignty
TITLE 16 -- CONSERVATION
By enactment of sections 450rr to 450rr-6 of this title, the United
States does not assert sovereignty, or sovereign or exclusive rights or
jurisdiction over, or the ownership of, any marine areas or the R.M.S.
Titanic.
(Pub. L. 99-513, 8, Oct. 21, 1986, 100 Stat. 2084.)
16 USC SUBCHAPTER LXII -- MISCELLANEOUS
TITLE 16 -- CONSERVATION
16 USC 451. Limit on cost of buildings erected in national parks
TITLE 16 -- CONSERVATION
No expenditure for construction of administration or other buildings
cost in case of any building exceeding $3,000 shall be made in any
national park except under express authority of Congress.
(Aug. 24, 1912, ch. 355, 1, 37 Stat. 460; July 1, 1918, ch. 113, 1,
40 Stat. 677; Feb. 13, 1940, ch. 30, 54 Stat. 36.)
1940 -- Act Feb. 13, 1940, substituted ''$3,000'' for ''$1,500''.
16 USC 451a. Limitation on further extension or establishment of
national parks in Wyoming
TITLE 16 -- CONSERVATION
No further extension or establishment of national parks in Wyoming
may be undertaken except by express authorization of Congress.
(Sept. 14, 1950, ch. 950, 1, 64 Stat. 849.)
Section comprises only part of the last sentence of section 1 of act
Sept. 14, 1950. The remainder of section, except that part of the last
sentence which repealed sections 406 to 406d of this title, is set out
as sections 406d-1 and 431a of this title.
Repeal of laws inconsistent with act Sept. 14, 1950, see note set
out under section 406d-1 of this title.
Grand Teton National Park in Wyoming, see section 406d-1 et seq. of
this title.
National monuments of Wyoming, limitation on further extension or
establishment, see section 431a of this title.
16 USC 452. Revenues of national parks covered into Treasury;
estimates for care of parks
TITLE 16 -- CONSERVATION
All revenues of the national parks shall be covered into the Treasury
to the credit of miscellaneous receipts, except in case of Hot Springs
National Park such as may be necessary to pay obligations outstanding on
June 30, 1922.
(June 12, 1917, ch. 27, 1, 40 Stat. 153; May 24, 1922, ch. 199, 42
Stat. 590; Sept. 12, 1950, ch. 946, title III, 301(95), 64 Stat. 844.)
The words referring to Hot Springs National Park are taken from a
part of the Interior Appropriation Act, 1923, May 24, 1922. In the
original the provisions read as follows: ''From and after July 1, 1922,
all revenues of the Hot Springs National Park shall be covered into the
Treasury to the credit of miscellaneous receipts, except as may be
necessary to pay obligations outstanding on June 30, 1922.''
1950 -- Act Sept. 12, 1950, repealed requirement that Secretary of
the Interior submit, annually, estimates of the amounts required for
care, maintenance, and development of national parks.
Act Sept. 12, 1950, ch. 946, title III, 301(95), 64 Stat. 844,
cited as a credit to this section, was repealed by Pub. L. 97-258, 5(
b), Sept. 13, 1982, 96 Stat. 1068, 1077.
Disposition of revenue arising from licenses for occupancy and use of
National Parks and Monuments, see section 810 of this title.
16 USC 452a. Acquisition of non-Federal land within existing boundaries
of any National Park; donations; authorization of appropriations
TITLE 16 -- CONSERVATION
In order to consolidate Federal land ownership within the existing
boundaries of any National Park and to encourage the donation of funds
for that purpose, the Secretary of the Interior is authorized to accept
and to use in his discretion funds which may be donated subject to the
condition that such donated funds are to be expended for purposes of
this section by the Secretary only if Federal funds in an amount equal
to the amount of such donated funds are appropriated for the purposes of
this section. There are authorized to be appropriated such funds as may
be necessary to match funds that may be donated for such purposes:
Provided, That the amount which may be appropriated annually for
purposes of this section shall be limited to $500,000.
(Aug. 31, 1954, ch. 1163, 68 Stat. 1037.)
Authority of the Secretary under this section extended to authorize
acquisition of non-Federal land within boundaries of Cape Hatteras
National Seashore Recreational Area, see sections 459a-6 to 459a-8 of
this title.
Uniform application of this section to all areas of national park
system when not in conflict with specific provisions applicable to an
area, see section 1c of this title.
16 USC 453. Donations of land for park purposes near or adjacent to
National Forest Reserve in North Carolina
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept for park
purposes any lands and rights-of-way, including the Grandfather
Mountain, near or adjacent to the Government national forest in western
North Carolina.
(June 12, 1917, ch. 27, 1, 40 Stat. 152.)
''Government national forest'' substituted in text for ''Government
forest reserve'' on authority of act Mar. 4, 1907, ch. 2907, 34 Stat.
1269, which provided that forest reserves shall hereafter be known as
national forests.
Acceptance of donations of property and money for purposes of
national park and monument system, see section 6 of this title.
16 USC 454. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
642, 650
TITLE 16 -- CONSERVATION
Section, acts Aug. 24, 1912, ch. 355, 8, 37 Stat. 487; June 6,
1939, ch. 185, 53 Stat. 810, authorized the superintendent, the acting
superintendent, custodian, and principal clerks of the various national
parks and other Government reservations to administer oaths to expense
accounts.
16 USC 455. Study of battlefields for commemorative purposes
TITLE 16 -- CONSERVATION
The Secretary of the Army is authorized to have made studies and
investigations and, where necessary, surveys of all battlefields within
the continental limits of the United States whereon troops of the United
States or of the original thirteen colonies have been engaged against a
common enemy, with a view to preparing a general plan and such detailed
projects as may be required for properly commemorating such battlefields
or other adjacent points of historic and military interest.
(June 11, 1926, ch. 555, 1, 44 Stat. 726; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
16 USC 455a. Report to Congress
TITLE 16 -- CONSERVATION
Annually after December 1, 1926, the Secretary of the Army shall
submit through the President to Congress a detailed report of progress
made under sections 455 to 455c of this title, together with his
recommendations for further operations.
(June 11, 1926, ch. 555, 2, 44 Stat. 727; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Administrative functions of certain national military parks and
national monuments transferred to Department of the Interior by Ex.
Ord. No. 6166, 2, June 10, 1933, and Ex. Ord. No. 6228, 1, July 28,
1933, set out under section 901 of Title 5, Government Organization and
Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, 2, June
10, 1933, by act Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
16 USC 455b. Inclusion of estimate of cost of projected surveys in
appropriation estimates
TITLE 16 -- CONSERVATION
The Secretary of the Army shall include annually in his Department of
the Army appropriation estimates a list of the battlefields for which
surveys or other field investigations are planned for the fiscal year in
question, together with the estimated cost of making each survey or
other field investigation.
(June 11, 1926, ch. 555, 3, 44 Stat. 727; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Administrative functions of certain national military parks and
national monuments transferred to Department of the Interior by Ex.
Ord. No. 6166, 2, June 10, 1933, and Ex. Ord. No. 6228, 1, July 28,
1933, set out under section 901 of Title 5, Government Organization and
Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, 2, June
10, 1933, by act Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
16 USC 455c. Purchase of real estate for military park
TITLE 16 -- CONSERVATION
No real estate shall be purchased for military park purposes by the
Government unless report thereon shall have been made by the Secretary
of the Army through the President to Congress under the provisions of
section 455a of this title.
(June 11, 1926, ch. 555, 4, 44 Stat. 727; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Administrative functions of certain national military parks and
national monuments transferred to Department of the Interior by Ex.
Ord. No. 6166, 2, June 10, 1933, and Ex. Ord. No. 6228, 1, July 28,
1933, set out under section 901 of Title 5, Government Organization and
Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, 2, June
10, 1933, by act Mar. 2, 1934, ch. 38, 1, 48 Stat. 389.
For transfer of certain functions relating to real property under
jurisdiction of Department of the Air Force from Secretary of the Army
to Secretary of the Air Force, see Secretary of Defense Transfer Order
No. 14 ( 2(4)), eff. July 1, 1948.
16 USC 456. Expense of depositing money payable from appropriations
TITLE 16 -- CONSERVATION
Appropriations made for the administration, protection and
maintenance of the national parks and national monuments under the
jurisdiction of the Secretary of the Interior shall be available for
expense of depositing public money.
(May 10, 1926, ch. 277, 1, 44 Stat. 491.)
16 USC 456a. Collections and pay-roll deductions for meals and quarters
TITLE 16 -- CONSERVATION
Cash collections and pay-roll deductions made for meals and quarters
furnished by the National Park Service to employees of the Government in
the field and to cooperating agencies may be credited as a reimbursement
to the current appropriation for the administration of the park or
monument in which the accommodations are furnished.
(May 9, 1935, ch. 101, 1, 49 Stat. 209.)
Section is also set out as section 14b of this title.
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.
16 USC 457. Action for death or personal injury within national park or
other place under jurisdiction of United States; application of State
laws
TITLE 16 -- CONSERVATION
In the case of the death of any person by the neglect or wrongful act
of another within a national park or other place subject to the
exclusive jurisdiction of the United States, within the exterior
boundaries of any State, such right of action shall exist as though the
place were under the jurisdiction of the State within whose exterior
boundaries such place may be; and in any action brought to recover on
account of injuries sustained in any such place the rights of the
parties shall be governed by the laws of the State within the exterior
boundaries of which it may be.
(Feb. 1, 1928, ch. 15, 45 Stat. 54.)
State workmen's compensation laws extended and made applicable to
buildings and property of United States by act of June 25, 1936, see
section 290 of Title 40, Public Buildings, Property, and Works.
16 USC 458. Travel expenses incident to study of battlefields; payment
TITLE 16 -- CONSERVATION
Mileage of officers of the Army and actual expenses of civilian
employees traveling on duty in connection with the studies, surveys, and
field investigations of battlefields shall be paid from the
appropriations made from time to time to meet the expenses for these
purposes.
(Mar. 8, 1928, ch. 152, 45 Stat. 249.)
16 USC 458a. Mats for reproduction in magazines and newspapers of
photographs of scenery
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized and directed to have
prepared mats which may be used for the reproduction in magazines and
newspapers of photographs of such of the scenery in the national parks
as, in the opinion of the Secretary, would be of interest to the people
of the United States and foreign nations. Any such mats may be
furnished, without charge and under such regulations as the Secretary
may prescribe, to the publishers of magazines, newspapers, and any other
publications which may carry photographic reproductions.
(Aug. 27, 1940, ch. 690, 1, 54 Stat. 861.)
16 USC SUBCHAPTER LXIII -- NATIONAL SEASHORE RECREATIONAL AREAS
TITLE 16 -- CONSERVATION
16 USC 459. Cape Hatteras National Seashore Recreational Area;
conditional establishment; acquisition of lands
TITLE 16 -- CONSERVATION
When title to all the lands, except those within the limits of
established villages, within boundaries to be designated by the
Secretary of the Interior within the area of approximately one hundred
square miles on the islands of Chicamacomico, Ocracoke, Bodie, Roanoke,
and Collington, and the waters and the lands beneath the waters adjacent
thereto shall have been vested in the United States, said area shall be,
and is, established, dedicated, and set apart as a national seashore
recreational area for the benefit and enjoyment of the people and shall
be known as the Cape Hatteras National Seashore Recreational Area:
Provided, That the United States shall not purchase by appropriation of
public moneys any lands within the aforesaid area, but such lands shall
be secured by the United States only by public or private donation.
(Aug. 17, 1937, ch. 687, 1, 50 Stat. 669; June 29, 1940, ch. 459, 1,
54 Stat. 702.)
Words ''national seashore recreational area'' substituted in text for
''national seashore'' pursuant to act June 29, 1940.
16 USC 459a. Acceptance of donations; acquisition of property by
purchase and condemnation
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept donations of
land, interests in land, buildings, structures, and other property,
within the boundaries of said national seashore recreational area as
determined and fixed hereunder and donations of funds for the purchase
and maintenance thereof, the title and evidence of title to lands
acquired to be satisfactory to the Secretary of the Interior: Provided,
That he may acquire on behalf of the United States under any donated
funds by purchase, when purchasable at prices deemed by him reasonable,
otherwise by condemnation under the provisions of sections 257 and 258
of title 40, such tracts of land within the said national seashore
recreational area as may be necessary for the completion thereof.
(Aug. 17, 1937, ch. 687, 2, 50 Stat. 669; June 29, 1940, ch. 459, 1,
54 Stat. 702.)
Section 258 of title 40, referred to in text, was omitted from the
Code as superseded by rule 71A of the Federal Rules of Civil Procedure,
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Words ''national seashore recreational area'' substituted in text for
''national seashore'' pursuant to act June 29, 1940.
16 USC 459a-1. Administration, protection, and development; commercial
fishing by residents; hunting
TITLE 16 -- CONSERVATION
The administration, protection, and development of the aforesaid
national seashore recreational area shall be exercised under the
direction of the Secretary of the Interior by the National Park Service,
subject to the provisions of sections 1 and 2 to 4 of this title, as
amended: Provided, That except as hereinafter provided nothing herein
shall be construed to divest the jurisdiction of other agencies of the
Government exercised on August 17, 1937, over Federal-owned lands within
the area of the said Cape Hatteras National Seashore Recreational Area:
Provided further, That the provisions of the Federal Power Act (16
U.S.C. 791a et seq.), shall not apply to this national seashore
recreational area: And provided further, That the legal residents of
villages referred to in section 459 of this title shall have the right
to earn a livelihood by fishing within the boundaries to be designated
by the Secretary of the Interior, subject to such rules and regulations
as the said Secretary may deem necessary in order to protect the area
for recreational use as provided for in sections 459 to 459a-3 of this
title: And provided further, That hunting shall be permitted, under
such rules and regulations as may be prescribed by the Secretary of the
Interior in conformity with the Migratory Bird Treaty Act of July 3,
1918 (40 Stat. 755) (16 U.S.C. 703 et seq.), as follows: (a) Upon the
waters of the sounds included within the national seashore recreational
area, (b) in the area north of the Currituck County line, (c) on
Ocracoke Island, and (d) within not more than two thousand acres of land
in the remaining portion of said national seashore recreational area, as
shall be designated by the Secretary of the Interior; except on lands
and waters included in any existing or future wildlife or migratory bird
refuge and adjacent closed waters.
(Aug. 17, 1937, ch. 687, 3, 50 Stat. 670; June 29, 1940, ch. 459,
1, 2, 54 Stat. 702.)
The Federal Power Act, referred to in text, was in the original the
''Act of June 10, 1920, known as the Federal Water Power Act,'' and was
redesignated as the Federal Power Act by section 791a of this title.
The Federal Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as
amended, and is classified generally to chapter 12 ( 791a et seq.) of
this title. For complete classification of this Act to the Code, see
section 791a of this title and Tables.
The Migratory Bird Treaty Act of July 3, 1918, referred to in text,
is act July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is
classified generally to subchapter II ( 703 et seq.) of chapter 7 of
this title. For complete classification of this Act to the Code, see
section 710 of this title and Tables.
Words ''national seashore recreational area'' substituted in text for
''national seashore'' pursuant to act June 29, 1940.
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.
16 USC 459a-2. Preservation of natural features; acquisition of
additional property; reversion of property on failure of conditions
TITLE 16 -- CONSERVATION
Except for certain portions of the area, deemed to be especially
adaptable for recreational uses, particularly swimming, boating,
sailing, fishing, and other recreational activities of similar nature,
which shall be developed for such uses as needed, the said area shall be
permanently reserved as a primitive wilderness and no development of the
project or plan for the convenience of visitors shall be undertaken
which would be incompatible with the preservation of the unique flora
and fauna or the physiographic conditions now prevailing in this area:
Provided, That the Secretary of the Interior may, in his discretion,
accept for administration, protection, and development by the National
Park Service a minimum of ten thousand acres within the area described
in section 459 of this title, including the existing Cape Hatteras State
Park, and, in addition, any other portions of the area described in
section 459 of this title if the State of North Carolina shall agree
that if all the lands described in section 459 of this title shall not
have been conveyed to the United States within fifteen years from August
17, 1937, the establishment of the aforesaid national seashore
recreational area may, in the discretion of the said Secretary, be
abandoned, and that, in the event of such abandonment, the said State
will accept a reconveyance of title to all lands conveyed by it to the
United States for said national seashore recreational area. The lands
donated to the United States for the purposes of sections 459 to 459a-3
of this title by parties other than said State shall revert in the event
of the aforesaid abandonment to the donors, or their heirs, or other
persons entitled thereto by law.
In the event of said abandonment, the Secretary of the Interior shall
execute any suitable quitclaim deeds, or other writings entitled to
record in the proper counties of North Carolina stating the fact of
abandonment, whereupon title shall revert to those entitled thereto by
law and no further conveyance or proof of reversion of title shall be
required.
(Aug. 17, 1937, ch. 687, 4, 50 Stat. 670; June 29, 1940, ch. 459, 1,
54 Stat. 702; Mar. 6, 1946, ch. 50, 60 Stat. 32.)
1946 -- Act Mar. 6, 1946, substituted ''fifteen years'' for ''ten
years'' before ''from August 17, 1937''.
Words ''national seashore recreational area'' substituted in text for
''national seashore'' pursuant to act June 29, 1940.
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.
16 USC 459a-3. Migratory bird refuges not to be affected
TITLE 16 -- CONSERVATION
Notwithstanding any other provisions of sections 459 to 459a-3 of
this title, lands and waters on or after August 17, 1937, included in
any migratory bird refuge under the jurisdiction of the Secretary of
Agriculture, within the boundaries of the national seashore recreational
area as designated by the Secretary of the Interior under section 459 of
this title, shall continue as such refuge under the jurisdiction of the
Secretary of Agriculture for the protection of migratory birds, but such
lands and waters shall be a part of the aforesaid national seashore
recreational area and shall be administered by the National Park Service
for recreational uses not inconsistent with the purposes of such refuge
under such rules and regulations as the Secretaries of the Interior and
Agriculture may jointly approve. The proviso to section 459 of this
title shall not limit the power of the Secretary of Agriculture to
acquire lands for any migratory bird refuge by purchase with any funds
made available therefor by applicable law.
(Aug. 17, 1937, ch. 687, 5, 50 Stat. 670; June 29, 1940, ch. 459, 1,
54 Stat. 702.)
Words ''national seashore recreational area'' substituted in text for
''national seashore'' pursuant to act June 29, 1940.
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.
16 USC 459a-4. Omitted
TITLE 16 -- CONSERVATION
Section, acts June 3, 1948, ch. 393, 62 Stat. 301; June 30, 1949,
ch. 288, title I, 105(a), 63 Stat. 381, which transferred lands in
Dare County, North Carolina, to the administrative jurisdiction of the
Department of the Interior to be administered as a part of the Cape
Hatteras National Seashore Recreational Area project, is omitted in view
of Pub. L. 87-313, set out as a note under this section.
Pub. L. 87-313, Sept. 26, 1961, 75 Stat. 675, provided: ''That the
tract of Federal property comprising eight and one-tenth acres of land
situated in Dare County, North Carolina, approximately two miles north
of Kitty Hawk, which was transferred to the administrative jurisdiction
of the Department of the Interior by the Act of June 3, 1948 (62 Stat.
301; 16 U.S.C. 459a (this section)), to be administered as a part of
the Cape Hatteras National Seashore Recreational Area, may be disposed
of by the Administrator of General Services in accordance with the
provisions of the Federal Property and Administrative Services Act of
1949, as amended (40 U.S.C. 471 et seq.).''
16 USC 459a-5. Addition of lands; Naval Amphibious Training Station
TITLE 16 -- CONSERVATION
There is transferred to the Secretary of the Interior without
reimbursement or transfer of funds, administrative jurisdiction over an
area of approximately twenty-one and eight-tenths acres of federally
owned land, formerly designated as the Naval Amphibious Training
Station, together with any improvements thereon which may exist at the
time of the transfer, situated on Ocracoke Island within the village of
Ocracoke, County of Hyde, in the State of North Carolina. The property
so transferred shall be administered by the Department of the Interior
and shall become a part of the Cape Hatteras National Seashore
Recreational Area, when established.
(July 14, 1953, ch. 191, 67 Stat. 148.)
16 USC 459a-5a. Addition of lands; Hatteras
TITLE 16 -- CONSERVATION
The tracts of excess Federal lands and improvements thereon in the
village of Hatteras, Dare County, North Carolina, bearing General
Services Administration control numbers T-NC-442 and C-NC-444,
comprising forty-three one-hundredths and one and five-tenths acres of
land, respectively, the exact descriptions for which shall be determined
by the Administrator of General Services, are transferred, without
exchange of funds, to the administrative jurisdiction of the Secretary
of the Interior to be administered as a part of the Cape Hatteras
National Seashore Recreational Area, authorized by sections 459 to
459a-3 of this title, and shall be subject to all the laws and
regulations applicable thereto.
(Pub. L. 85-540, July 18, 1958, 72 Stat. 398.)
16 USC 459a-6. Acquisition of non-Federal land within boundaries of
recreational area
TITLE 16 -- CONSERVATION
Section 452a of this title is amended to extend the authority of the
Secretary of the Interior, contained therein, to the Cape Hatteras
National Seashore Recreational Area.
(Aug. 6, 1956, ch. 988, 1, 70 Stat. 1066.)
16 USC 459a-7. Availability of appropriations
TITLE 16 -- CONSERVATION
Any funds appropriated to the Department of the Interior for the
acquisition of non-Federal lands within areas of the National Park
System shall after August 6, 1956, be available for the acquisition of
non-Federal lands within the Cape Hatteras National Seashore
Recreational Area, and the appropriation of funds for the acquisition of
such lands is authorized.
(Aug. 6, 1956, ch. 988, 2, 70 Stat. 1066.)
16 USC 459a-8. Limitation on expenditure
TITLE 16 -- CONSERVATION
The total amount which may be expended for the land acquisition
program at Cape Hatteras National Seashore Recreational Area, pursuant
to the authorizations contained in sections 459a-6 to 459a-8 of this
title, is expressly limited to $250,000.
(Aug. 6, 1956, ch. 988, 3, 70 Stat. 1066.)
16 USC 459a-9. Conveyance of land for improvement with public health
facility; reversion; consideration; status of property upon transfer
of title
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to convey the tract of
land and improvements thereon situate in the village of Hatteras, Dare
County, North Carolina, and administered as part of the Cape Hatteras
National Seashore, formerly bearing General Services Administration
excess property control number C-NC-444, comprising one and five-tenths
acres, the exact description for which shall be determined by the
Secretary, to the Board of Commissioners of Dare County, for purposes of
providing thereon a public health facility: Provided, That title to the
land and any improvements shall revert to the United States upon a
finding and notification to the grantee by the Secretary that the
property is used for purposes other than a public health facility. The
conveyance herein authorized shall be without monetary consideration.
Upon the transfer of title to the grantee, the property herein
conveyed shall cease to be a part of the Cape Hatteras National
Seashore.
(Pub. L. 89-146, Aug. 28, 1965, 79 Stat. 583.)
16 USC 459b. Cape Cod National Seashore; description of area
TITLE 16 -- CONSERVATION
(a) The area comprising that portion of the land and waters located
in the towns of Provincetown, Truro, Wellfleet, Eastham, Orleans, and
Chatham in the Commonwealth of Massachusetts, and described in
subsection (b) of this section, is designated for establishment as Cape
Cod National Seashore (hereinafter referred to as ''the seashore'').
(b) The area referred to in subsection (a) of this section is
described as follows:
Beginning at a point in the Atlantic Ocean one-quarter of a mile due
west of the mean low-water line of the Atlantic Ocean on Cape Cod at the
westernmost extremity of Race Point, Provincetown, Massachusetts;
thence from the point of beginning along a line a quarter of a mile
offshore of and parallel to the mean low-water line of the Atlantic
Ocean, Cape Cod Bay, and Provincetown Harbor in generally southerly,
easterly, and northerly directions rounding Long Point and then
southwesterly to a point a quarter of a mile offshore of the mean
low-water line on the harbor side of the dike depicted on the United
States Geological Survey Provincetown quadrangle sheet (1949) crossing
an arm of the Provincetown Harbor;
thence northerly, along a line a quarter of a mile offshore of and
parallel to the low-water line at the dike to a point easterly of the
point of intersection of the said dike with the boundary of the Province
Lands Reservation as depicted on the said Provincetown quadrangle sheet;
thence westerly to the said point of intersection of the dike and the
Province Lands Reservation boundary;
thence along the boundaries of the Province Lands Reservation
northwesterly, northeasterly, northerly, and easterly to the easternmost
corner of the reservation being near United States Route 6;
thence leaving the said easternmost corner along an extension of the
southerly reservation boundary line easterly to the northerly
right-of-way line of United States Route 6;
thence along the northerly right-of-way line of United States Route 6
in a general easterly direction crossing the Truro-Provincetown line and
continuing in the town of Truro in a generally southeasterly direction
to a point four-tenths of a mile southeasterly of the southerly
right-of-way line of Highland Road;
thence easterly five-tenths of a mile to a point;
thence turning and running in a southeasterly direction paralleling
the general alinement of United States Route 6 and generally distant
therefrom five-tenths of a mile to a point approximately 700 feet
northwesterly of Long Nook Road;
thence southwesterly along a ridge generally paralleling the
alinement of Long Nook Road and distant approximately 700 feet therefrom
to a point two-tenths of a mile northeasterly of the northerly
right-of-way line of United States Route 6;
thence southeasterly paralleling the general alinement of United
States Route 6 and generally distant two-tenths of a mile northeasterly
thereof to a point 300 feet south of the southerly right-of-way line of
Higgins Hollow Road;
thence in a general easterly direction paralleling the southerly
alinement of Higgins Hollow Road and 300 feet distant southerly
therefrom to a point five-tenths of a mile east of the easterly
right-of-way line of said Route 6;
thence turning and running in a southeasterly and southerly direction
paralleling the general alinement of United States Route 6 and distant
five-tenths of a mile easterly therefrom to a point 300 feet north of
the northerly right-of-way line of North Pamet Road;
thence in a generally southwesterly direction paralleling the general
alinement of North Pamet Road and generally distant 300 feet northerly
therefrom to a point approximately two-tenths of a mile east of the
easterly right-of-way line of United States Route 6;
thence in a southerly direction paralleling the alinement of United
States Route 6 and generally distant two-tenths of a mile easterly
therefrom to a point three-tenths of a mile south of South Pamet Road;
thence west to the intersection of Old County Road and Mill Pond
Road;
thence following the easterly right-of-way line of Old County Road
southward to a point opposite the southerly right-of-way line of Ryder
Beach Road at its intersection with Old County Road;
thence eastward to a point 300 feet east of the easterly right-of-way
line of said Old County Road;
thence in a southerly direction paralleling Old County Road at a
distance of 300 feet to the east of the easterly right-of-way line of
said road to a point 600 feet south of the southerly right-of-way line
of Prince Valley Road;
thence in a generally westerly direction, crossing Old County Road
and the New York, New Haven, and Hartford Railroad right-of-way to the
southern extremity of the town landing and beach in the Ryder Beach
area, and continuing to a point in Cape Cod Bay a quarter of a mile
offshore from the mean low-water line of Cape Cod Bay;
thence turning and running along a line a quarter of a mile offshore
of and parallel to the mean low-water line of Cape Cod Bay in a general
southerly and easterly direction rounding Jeremy Point and thence in a
general northerly direction along a line a quarter of a mile offshore of
and parallel to the mean low-water line on the westerly side of
Wellfleet Harbor, to a point one quarter of a mile due north of the mean
low-water line at the eastern tip of Great Island as depicted on the
United States Geological Survey Wellfleet quadrangle sheet (1958);
thence north to the mean high-water line on the north shore of the
Herring River estuary in the vicinity of its confluence with Wellfleet
Harbor;
thence following the mean, high-water line southwesterly,
northwesterly, and northeasterly to the easterly right-of-way line of
Chequesset Neck Road at its crossing of Herring River;
thence following the course of Herring River along the 20-foot
contour line of the southeasterly shore thereof to a point near Mill
Creek;
thence crossing Mill Creek in a northeasterly direction to the
20-foot contour level near to and northeast of the confluence of Mill
Creek and Herring River;
thence following generally northerly and easterly along the easterly
edge of the Herring River marshes on the 20-foot contour to a point
north of which the easterly right-of-way line of a medium duty road, as
depicted on said Wellfleet quadrangle sheet, crosses northward across a
marshy stream near the juncture of said medium duty road with Bound
Brook Island Road;
thence crossing said marshy stream along said easterly right-of-way
line of said medium duty road and continuing in a northerly direction to
the 20-foot contour level on the north side of said marshy stream;
thence following the 20-foot contour line westward approximately
1,000 feet to its intersection with an unimproved dirt road, as depicted
on said Wellfleet quadrangle sheet, leading from a point near the
juncture of Bound Brook Island Road and the said medium duty road;
thence following said unimproved dirt road northwesterly for
approximately 1,600 feet to the 20-foot contour line bordering the
southerly edge of the Herring River marshes;
thence following said 20-foot contour line in an easterly direction
to Route 6;
thence crossing Route 6 and continuing to a point on the easterly
right-of-way line of a power transmission line as depicted on said
Wellfleet quadrangle sheet;
thence in a general southerly direction along the said easterly
right-of-way line of a power transmission line to the Eastham-Wellfleet
town line;
thence southeasterly for a distance of approximately 5,200 feet to a
point due north of the intersection of the easterly right-of-way line of
Nauset Road with the northerly right-of-way line of Cable Road;
thence due south to the intersection of the said easterly
right-of-way line of Nauset Road and the said northerly right-of-way
line of Cable Road;
thence in a general southerly direction crossing Cable Road and along
said easterly right-of-way line of Nauset Road to a point 500 feet north
of the northerly right-of-way line of Doane Road and its intersection
with Nauset Road;
thence west to a point 500 feet west of the westerly right-of-way
line of Nauset Road;
thence southerly and westerly 500 feet from and parallel to the said
right-of-way line of Nauset Road to the easterly right-of-way line of
Salt Pond Road;
thence southerly along the easterly right-of-way line of said Salt
Pond Road to its intersection with the southerly right-of-way line of
Nauset Road;
thence westerly along the southerly right-of-way line of Nauset Road
to its intersection with the easterly right-of-way line of United States
Route 6;
thence southerly along the easterly right-of-way line of said Route 6
a distance of about four-tenths of a mile to the northerly boundary of
the Eastham town hall property;
thence easterly to a point one-tenth of a mile from United States
Route 6;
thence turning and running in a generally southerly direction
paralleling the general alinement of United States Route 6 and generally
distant therefrom one-tenth of a mile to a small stream approximately
one-tenth of a mile beyond Governor Prence Road extended;
thence southeasterly along the said stream to the Orleans-Eastham
town line;
thence along the Orleans-Eastham town line to the southerly tip of
Stony Island;
thence generally southeasterly in the town of Orleans by Nauset
Harbor Channel to a point due north of the northerly tip of Nauset
Heights as depicted on United States Geological Survey Orleans
quadrangle sheet (1946);
thence due south to the 20-foot contour line in Nauset Heights as
delineated on the said Orleans quadrangle sheet;
thence generally southerly along the said 20-foot contour to a point
about one-tenth of a mile northerly of Beach Road;
thence southwesterly along a line intersecting Beach Road at a point
two-tenths of a mile easterly of the so-called Nauset Road leading
northerly to Nauset Heights;
thence southerly to a head of a tributary to Little Pleasant Bay at
the northerly tip of Pochet Neck as depicted on the said Orleans
quadrangle sheet;
thence generally southerly along the thread of channel of the said
tributary passing westerly and southwesterly around Pochet Island and
thence southwesterly into Little Pleasant Bay passing to westerly of the
northerly tip of Sampson Island, the westerly tip of Money Head, and the
southwesterly tip of Hog Island following in general the centerline of
Little Pleasant Bay to Pleasant Bay;
thence generally southeasterly in Pleasant Bay along a line passing
midway between Sipson Island and Nauset Beach to a point on the
Chatham-Orleans town line one-quarter of a mile westerly of the mean
low-water line of Pleasant Bay on the westerly shore of Nauset Beach;
thence generally southerly in Pleasant Bay in the town of Chatham
along a line a quarter of a mile offshore of and parallel to the said
mean low-water line of Pleasant Bay on the westerly shore of Nauset
Beach to a point a quarter of a mile south of the mean low-water line of
the southern tip of Nauset Beach;
thence easterly rounding the southern tip of Nauset Beach along a
line a quarter of a mile offshore of and parallel thereto;
thence generally northerly and northwesterly, and westerly along a
line a quarter of a mile offshore of and parallel to the mean low-water
line of the Atlantic Ocean on the easterly shore of Nauset Beach and on
to the outer cape to the point of beginning.
(Pub. L. 87-126, 1, Aug. 7, 1961, 75 Stat. 284.)
Section 10 of Pub. L. 87-126 provided that: ''If any provision of
this Act (sections 459b to 459b-8 of this title) or the application of
such provision to any person or circumstance is held invalid, the
remainder of this Act (such sections) or the application of such
provision to persons or circumstances other than those to which it is
held invalid shall not be affected thereby.''
16 USC 459b-1. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; manner and place; concurrence of State
owner; transfer from Federal agency to administrative jurisdiction of
Secretary
The Secretary of the Interior (hereinafter referred to as
''Secretary'') is authorized to acquire by purchase, gift, condemnation,
transfer from any Federal agency, exchange, or otherwise, the land,
waters, and other property, and improvements thereon and any interest
therein, within the area which is described in section 459b of this
title or which lies within the boundaries of the seashore as described
pursuant to section 459b-2 of this title (both together hereinafter in
sections 459b to 459b-8 of this title referred to as ''such area'').
Any property, or interest therein, owned by the Commonwealth of
Massachusetts, by any of the towns referred to in section 459b of this
title, or by any other political subdivision of said Commonwealth may be
acquired only with the concurrence of such owner. Notwithstanding any
other provision of law, any Federal property located within such area
may, with the concurrence of the agency having custody thereof, be
transferred without consideration to the administrative jurisdiction of
the Secretary for use by him in carrying out the provisions of sections
459b to 459b-8 of this title.
(b) Use of funds; fair market value
The Secretary is authorized (1) to use donated and appropriated funds
in making acquisitions under sections 459b to 459b-8 of this title, and
(2) to pay therefor not more than the fair market value of any
acquisitions which he makes by purchase under sections 459b to 459b-8 of
this title.
(c) Exchange of property; cash equalization payments; reports to
Congress
In exercising his authority to acquire property by exchange, the
Secretary may accept title to any non-Federal property located within
such area and convey to the grantor of such property any federally owned
property under the jurisdiction of the Secretary within such area. The
properties so exchanged shall be approximately equal in fair market
value: Provided, That the Secretary may accept cash from or pay cash to
the grantor in such an exchange in order to equalize the values of the
properties exchanged.
The Secretary shall report to the Congress on every exchange carried
out under authority of sections 459b to 459b-8 of this title within
thirty days from its consummation, and each such report shall include a
statement of the fair market values of the properties involved and of
any cash equalization payment made or received.
(d) ''Fair market value'' defined; appraisal
As used in sections 459b to 459b-8 of this title the term ''fair
market value'' shall mean the fair market value as determined by the
Secretary, who may in his discretion base his determination on an
independent appraisal obtained by him.
(Pub. L. 87-126, 2, Aug. 7, 1961, 75 Stat. 287.)
16 USC 459b-2. Establishment
TITLE 16 -- CONSERVATION
(a) Notice in Federal Register
As soon as practicable after August 7, 1961, and following the
acquisition by the Secretary of an acreage in the area described in
section 459b of this title that its in the opinion of the Secretary
efficiently administrable to carry out the purposes of sections 459b to
459b-8 of this title, the Secretary shall establish Cape Cod National
Seashore by the publication of notice thereof in the Federal Register.
(b) Distribution of notice and map
Such notice referred to in subsection (a) of this section shall
contain a detailed description of the boundaries of the seashore which
shall encompass an area as nearly as practicable identical to the area
described in section 459b of this title. The Secretary shall forthwith
after the date of publication of such notice in the Federal Register (1)
send a copy of such notice, together with a map showing such boundaries,
by registered or certified mail to the Governor of the Commonwealth of
Massachusetts and to the board of selectmen of each of the towns
referred to in section 459b of this title; (2) cause a copy of such
notice and map to be published in one or more newspapers which circulate
in each of such towns; and (3) cause a certified copy of such notice, a
copy of such map, and a copy of sections 459b to 459b-8 of this title to
be recorded at the registry of deeds for Barnstable County,
Massachusetts.
(Pub. L. 87-126, 3, Aug. 7, 1961, 75 Stat. 288.)
16 USC 459b-3. Acquisition by condemnation
TITLE 16 -- CONSERVATION
(a) Right of use and occupancy for residential purposes for life or
fixed term of years; exercise of right of election; impairment of
interests of lienholders, etc.; right as running with land; transfer,
assignment and termination of right; computation of compensation
(1) The beneficial owner or owners, not being a corporation, of a
freehold interest in improved property which the Secretary acquires by
condemnation may elect, as a condition to such acquisition, to retain
the right of use and occupancy of the said property for noncommercial
residential purposes for a term of twenty-five years, or for such lesser
time as the said owner or owners may elect at the time of such
acquisition.
(2) The beneficial owner or owners, not being a corporation, of a
freehold estate in improved property which property the Secretary
acquires by condemnation, who held, on September 1, 1959, with respect
to such property, an estate of the same nature and quality, may elect,
as an alternative and not in addition to whatever right of election he
or they might have under paragraph (1) of this subsection, to retain the
right of use and occupancy of the said property for noncommercial
residential purposes (i) for a term limited by the nature and quality of
his or their said estate, if his or their said estate is a life estate
or an estate pur auter vie, or (ii) for a term ending at the death of
such owner or owners, or at the death of the survivor of them, if his or
their said estate is an estate of fee simple.
(3) Where such property is held by a natural person or persons for
his or their own life or lives or for the life or lives of another or
others (such person or persons being hereinafter called ''the life
tenant''), with remainder in another or others, any right of election
provided for in paragraph (2) of this subsection shall be exercised by
the life tenant, and any right of election provided for in paragraph (1)
of this subsection shall be exercised by the concurrence of the life
tenant and the remainderman or remaindermen.
(4) The beneficial owner or owners of a term of years in improved
property which the Secretary acquires by condemnation may elect, as a
condition to such acquisition, to retain the right of use and occupancy
of the said property for noncommercial residential purposes for a term
not to exceed the remainder of his or their said term of years, or a
term of twenty-five years, whichever shall be the lesser. The owner or
owners of the freehold estate or estates in such property may, subject
to the right provided for in the preceding sentence, exercise such right
or rights of election as remain to them under paragraphs (1) and (2) of
this subsection.
(5) No right of election accorded by paragraphs (1), (2), or (4) of
this subsection shall be exercised to impair substantially the interests
of holders of encumbrances, liens, assessments, or other charges upon or
against the property.
(6) Any right or rights of use and occupancy retained pursuant to
paragraphs (1), (2), and (4) of this subsection shall be held to run
with the land, and may be freely transferred and assigned.
(7) In any case where a right of use and occupancy for life or for a
fixed term of years is retained as provided in paragraph (1), (2), or
(4) of this subsection, the compensation paid by the Secretary for the
property shall not exceed the fair market value of the property on the
date of its acquisition by the Secretary, less the fair market value on
such date of the said right retained.
(8) The Secretary shall have authority to terminate any right of use
and occupancy of property, retained as provided in paragraph (1), (2),
or (4) of this subsection, at any time after the date when any use
occurs with respect to such property which fails to conform or is in any
manner opposed to or inconsistent with any applicable standard contained
in regulations issued pursuant to section 459b-4 of this title and in
effect on said date: Provided, That no use which is in conformity with
the provisions of a zoning bylaw approved in accordance with said
section 459b-4 which is in force and applicable to such property shall
be held to fail to conform or be opposed to or inconsistent with any
such standard. In the event that the Secretary exercises the authority
conferred by this paragraph, he shall pay to the owner of the right so
terminated an amount equal to the fair market value of the portion of
said right which remained on the date of termination.
(b) Suspension of authority for one year and during existence of
zoning regulations
(1) The Secretary's authority to acquire property by condemnation
shall be suspended with respect to all improved property located within
such area in all of the towns referred to in section 459b of this title
for one year following August 7, 1961.
(2) Thereafter such authority shall be suspended with respect to all
improved property located within such area in any one of such towns
during all times when such town shall have in force and applicable to
such property a duly adopted, valid zoning bylaw approved by the
Secretary in accordance with the provisions of section 459b-4 of this
title.
(c) Suspension of authority respecting property used for commercial
or industrial purposes
The Secretary's authority to acquire property by condemnation shall
be suspended with respect to any particular property which is used for
commercial or industrial purposes during any periods when such use is
permitted by the Secretary and during the pendency of the first
application for such permission made to the Secretary after August 7,
1961 provided such application is made not later than the date of
establishment of the seashore.
(d) ''Improved property'' defined
The term ''improved property,'' wherever used in sections 459b to
459b-8 of this title, shall mean a detached, one-family dwelling the
construction of which was begun before September 1, 1959 (hereinafter
referred to as ''dwelling''), together with so much of the land on which
the dwelling is situated, the said land being in the same ownership as
the dwelling, as the Secretary shall designate to be reasonably
necessary for the enjoyment of the dwelling for the sole purpose of
noncommercial residential use, together with any structures accessory to
the dwelling which are situated on the land so designated. The amount
of the land so designated shall in every case be at least three acres in
area, or all of such lesser amount as may be held in the same ownership
as the dwelling, and in making such designation the Secretary shall take
into account the manner of noncommercial residential use in which the
dwelling and land have customarily been enjoyed: Provided, however,
That the Secretary may exclude from the land so designated any beach or
waters, together with so much of the land adjoining such beach or waters
as the Secretary may deem necessary for public access thereto.
(e) Acquisition of clear, marketable and encumbrance-free title
Nothing in this section or elsewhere in sections 459b to 459b-8 of
this title shall be construed to prohibit the use of condemnation as a
means of acquiring a clear and marketable title, free of any and all
encumbrances.
(Pub. L. 87-126, 4, Aug. 7, 1961, 75 Stat. 288.)
16 USC 459b-4. Zoning regulations
TITLE 16 -- CONSERVATION
(a) Standards for approval; submission to Congress and
municipalities; publication in Federal Register; approval of local
bylaws; revocation of approval
As soon after August 7, 1961, as may be practicable, the Secretary
shall issue regulations specifying standards for approval by him of
zoning bylaws for purposes of section 459b-3 of this title. The
Secretary may issue amended regulations specifying standards for
approval by him of zoning bylaws whenever he shall consider such amended
regulations to be desirable due to changed or unforeseen conditions.
All regulations and amended regulations proposed to be issued under
authority of the two preceding sentences of this subsection shall be
submitted to the Congress and to the towns named in section 459b of this
title at least ninety calendar days (which ninety days, however, shall
not include days on which either the House of Representatives or the
Senate is not in session because of an adjournment of more than three
calendar days to a day certain) before they become effective and the
Secretary shall, before promulgating any such proposed regulations or
amended regulations in final form, take due account of any suggestions
for their modification which he may receive during said ninety-day
period. All such regulations and amended regulations shall, both in
their proposed form and in their final form, be published in the Federal
Register.
The Secretary shall approve any zoning bylaw and any amendment to any
approved zoning bylaws submitted to him which conforms to the standards
contained in the regulations in effect at the time of the adoption by
the town of such bylaw or such amendment unless before the time of
adoption he has submitted to the Congress and the towns and published in
the Federal Register as aforesaid proposed amended regulations with
which the bylaw or amendment would not be in conformity, in which case
he may withhold his approval pending completion of the review and final
publication provided for in this subsection and shall thereafter approve
the bylaw or amendment only if it is in conformity with the amended
regulations in their final form. Such approval shall not be withdrawn
or revoked, nor shall its effect be altered for purposes of section
459b-3 of this title by issuance of any such amended regulations after
the date of such approval, so long as such bylaw or such amendment
remains in effect as approved.
(b) Commercial and industrial use prohibition; acreage, frontage,
setback and miscellaneous requirements
The standards specified in such regulations and amended regulations
for approval of any zoning bylaw or zoning bylaw amendment shall
contribute to the effect of (1) prohibiting the commercial and
industrial use, other than any commercial or industrial use which is
permitted by the Secretary, of all property within the boundaries of the
seashore which is situated within the town adopting such bylaw; and (2)
promoting the preservation and development, in accordance with the
purposes of sections 459b to 459b-8 of this title, of the area
comprising the seashore, by means of acreage, frontage, and setback
requirements and other provisions which may be required by such
regulations to be included in a zoning bylaw consistent with the laws of
Massachusetts.
(c) Adverse provisions and absence of notice for variance as
requiring disapproval of local bylaws
No zoning bylaw or amendment of a zoning bylaw shall be approved by
the Secretary which (1) contains any provision which he may consider
adverse to the preservation and development, in accordance with the
purposes of sections 459b to 459b-8 of this title, of the area
comprising the seashore, or (2) fails to have the effect of providing
that the Secretary shall receive notice of any variance granted under
and any exception made to the application of such bylaw or amendment.
(d) Termination of suspension of authority for acquisition by
condemnation because of nonconforming variances and uses; agreements
concerning exercise of authority
If any improved property with respect to which the Secretary's
authority to acquire by condemnation has been suspended by reason of the
adoption and approval, in accordance with the foregoing provisions of
this section, of a zoning bylaw applicable to such property (hereinafter
referred to as ''such bylaw'') --
(1) is made the subject of a variance under or an exception to such
bylaw, which variance or exception fails to conform or is in any manner
opposed to or inconsistent with any applicable standard contained in the
regulations issued pursuant to this section and in effect at the time of
the passage of such bylaw, or
(2) is property upon or with respect to which there occurs any use,
commencing after the date of the publication by the Secretary of such
regulations, which fails to conform or is in any manner opposed to or
inconsistent with any applicable standard contained in such regulations
(but no use which is in conformity with the provisions of such bylaw
shall be held to fail to conform or be opposed to or inconsistent with
any such standard),
the Secretary may, at any time and in his discretion, terminate the
suspension of his authority to acquire such improved property by
condemnation: Provided, however, That the Secretary may agree with the
owner or owners of such property to refrain from the exercise of the
said authority during such time and upon such terms and conditions as
the Secretary may deem to be in the best interests of the development
and preservation of the seashore.
(Pub. L. 87-126, 5, Aug. 7, 1961, 75 Stat. 290.)
459b-5 to 459b-8 of this title.
16 USC 459b-5. Certificate of suspension of authority for acquisition
by condemnation
TITLE 16 -- CONSERVATION
The Secretary shall furnish to any party in interest requesting the
same, a certificate indicating, with respect to any property located
within the seashore as to which the Secretary's authority to acquire
such property by condemnation has been suspended in accordance with the
provisions of sections 459b to 459b-8 of this title, that such authority
has been so suspended and the reasons therefor.
(Pub. L. 87-126, 6, Aug. 7, 1961, 75 Stat. 291.)
16 USC 459b-6. Administration of acquired property
TITLE 16 -- CONSERVATION
(a) Utilization of authority for conservation and management of
natural resources
Except as otherwise provided in sections 459b to 459b-8 of this
title, the property acquired by the Secretary under such sections shall
be administered by the Secretary subject to the provisions of sections 1
and 2 to 4 of this title, as amended and supplemented, and in accordance
with laws of general application relating to the national park system as
defined by sections 1b to 1d of this title; except that authority
otherwise available to the Secretary for the conservation and management
of natural resources may be utilized to the extent he finds such
authority will further the purposes of sections 459b to 459b-8 of this
title.
(b) Preservation of seashore; incompatible visitor conveniences
restricted; provisions for public enjoyment and understanding;
developments for recreational activities; public use areas
(1) In order that the seashore shall be permanently preserved in its
present state, no development or plan for the convenience of visitors
shall be undertaken therein which would be incompatible with the
preservation of the unique flora and fauna or the physiographic
conditions now prevailing or with the preservation of such historic
sites and structures as the Secretary may designate: Provided, That the
Secretary may provide for the public enjoyment and understanding of the
unique natural, historic, and scientific features of Cape Cod within the
seashore by establishing such trails, observation points, and exhibits
and providing such services as he may deem desirable for such public
enjoyment and understanding: Provided further, That the Secretary may
develop for appropriate public uses such portions of the seashore as he
deems especially adaptable for camping, swimming, boating, sailing,
hunting, fishing, the appreciation of historic sites and structures and
natural features of Cape Cod, and other activities of similar nature.
(2) In developing the seashore the Secretary shall provide public use
areas in such places and manner as he determines will not diminish for
its owners or occupants the value or enjoyment of any improved property
located within the seashore.
(c) Hunting and fishing regulations; navigation
The Secretary may permit hunting and fishing, including shellfishing,
on lands and waters under his jurisdiction within the seashore in such
areas and under such regulations as he may prescribe during open seasons
prescribed by applicable local, State and Federal law. The Secretary
shall consult with officials of the Commonwealth of Massachusetts and
any political subdivision thereof who have jurisdiction of hunting and
fishing, including shellfishing, prior to the issuance of any such
regulations, and the Secretary is authorized to enter into cooperative
arrangements with such officials regarding such hunting and fishing,
including shellfishing, as he may deem desirable, except that the
Secretary shall leave all aspects of the propagation and taking of
shellfish to the towns referred to in section 459b of this title.
The Secretary shall not interfere with navigation of waters within
the boundaries of the Cape Cod National Seashore by such means and in
such areas as is now customary.
(Pub. L. 87-126, 7, Aug. 7, 1961, 75 Stat. 291.)
16 USC 459b-7. Cape Cod National Seashore Advisory Commission
TITLE 16 -- CONSERVATION
(a) Establishment; termination
There is established a Cape Cod National Seashore Advisory Commission
(hereinafter referred to as the ''Commission''). Said Commission shall
terminate 30 years after the date the seashore is established under
section 459b-2 of this title.
(b) Membership; term
The Commission shall be composed of ten members each appointed for a
term of two years by the Secretary as follows:
(1) Six members to be appointed from recommendations made by each of
the boards of selectmen of the towns referred to in section 459b of this
title, one member from the recommendations made by each such board;
(2) One member to be appointed from recommendations of the county
commissioners of Barnstable County, Commonwealth of Massachusetts;
(3) Two members to be appointed from recommendations of the Governor
of the Commonwealth of Massachusetts; and
(4) One member to be designated by the Secretary.
(c) Chairman; vacancies
The Secretary shall designate one member to be Chairman. Any vacancy
in the Commission shall be filled in the same manner in which the
original appointment was made.
(d) Compensation and expenses
A member of the Commission shall serve without compensation as such.
The Secretary is authorized to pay the expenses reasonably incurred by
the Commission in carrying out its responsibilities under sections 459b
to 459b-8 of this title upon vouchers signed by the Chairman.
(e) Majority vote
The Commission established by this section shall act and advise by
affirmative vote of a majority of the members thereof.
(f) Consultation of Secretary with Commission
The Secretary or his designee shall, from time to time, consult with
the members of the Commission with respect to matters relating to the
development of Cape Cod National Seashore and shall consult with the
members with respect to carrying out the provisions of sections 459b-3
and 459b-4 of this title.
(g) Advice of Commission for commercial or industrial use permits and
establishment of public use areas for recreational activities
No permit for the commercial or industrial use of property located
within the seashore shall be issued by the Secretary, nor shall any
public use area for recreational activity be established by the
Secretary within the seashore, without the advice of the Commission, if
such advice is submitted within a reasonable time after it is sought.
(h) Exemption from other provisions of law
(1) Any member of the Advisory Commission appointed under sections
459b to 459b-8 of this title shall be exempted, with respect to such
appointment, from the operation of sections 281, 283, 284, and 1914 of
title 18 and section 190 of the Revised Statutes (5 U.S.C. 99) /1/
except as otherwise specified in paragraph (2) of this subsection.
(2) The exemption granted by paragraph (1) of this subsection shall
not extend --
(i) to the receipt or payment of salary in connection with the
appointee's Government service from any sources other than the private
employer of the appointee at the time of his appointment; or
(ii) during the period of such appointment, and the further period of
two years after the termination thereof, to the prosecution or
participation in the prosecution, by any person so appointed, of any
claim against the Government involving any matter concerning which the
appointee had any responsibility arising out of his appointment during
the period of such appointment.
(Pub. L. 87-126, 8, Aug. 7, 1961, 75 Stat. 292; Pub. L. 99-420,
title II, 201, Sept. 25, 1986, 100 Stat. 960.)
Sections 281, 283, 284, and 1914 of title 18, referred to in subsec.
(h)(1), were repealed by Pub. L. 87-849, 2, Oct. 23, 1962, 76 Stat.
1126, ''except as they (sections 281 and 283) may apply to retired
officers of the armed forces of the United States'', and were supplanted
by sections 203, 205, 207, and 209, respectively, of Title 18, Crimes
and Criminal Procedure. For further details, see Exemptions note set
out under section 281 of Title 18.
Section 190 of the Revised Statutes (5 U.S.C. 99), referred to in
subsec. (h)(1), was repealed by Pub. L. 87-849, 3, Oct. 23, 1962, 76
Stat. 1126. See section 207 of Title 18.
1986 -- Subsec. (a). Pub. L. 99-420 substituted ''30 years'' for
''ten years''.
Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 731, provided:
''That the Cape Cod National Seashore Advisory Commission established
under section 8(a) of the Act of August 7, 1961 (Public Law 87-126; 75
Stat. 292) (16 U.S.C. 459b-7(a)) is reestablished and extended through
February 28, 1996''.
/1/ See References in Text note below.
16 USC 459b-8. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums as may be necessary
to carry out the provisions of sections 459b to 459b-8 of this title;
except that no more than $42,917,575 shall be appropriated for the
acquisition of land and waters and improvements thereon, and interests
therein, and incidental costs relating thereto, in accordance with the
provisions of such sections.
(Pub. L. 87-126, 9, Aug. 7, 1961, 75 Stat. 293; Pub. L. 91-252, May
14, 1970, 84 Stat. 216; Pub. L. 98-141, 3, Oct. 31, 1983, 97 Stat.
909.)
1983 -- Pub. L. 98-141 substituted ''$42,917,575'' for
''$33,500,000''.
1970 -- Pub. L. 91-252 substituted ''$33,500,000'' for
''$16,000,000''.
16 USC 459c. Point Reyes National Seashore; purposes; authorization
for establishment
TITLE 16 -- CONSERVATION
In order to save and preserve, for purposes of public recreation,
benefit, and inspiration, a portion of the diminishing seashore of the
United States that remains undeveloped, the Secretary of the Interior
(hereinafter referred to as the ''Secretary'') is authorized to take
appropriate action in the public interest toward the establishment of
the national seashore set forth in section 459c-1 of this title.
(Pub. L. 87-657, 1, Sept. 13, 1962, 76 Stat. 538.)
16 USC 459c-1. Description of area
TITLE 16 -- CONSERVATION
(a) Boundary map; availability; publication in Federal Register
The Point Reyes National Seashore shall consist of the lands, waters,
and submerged lands generally depicted on the map entitled ''Boundary
Map, Point Reyes National Seashore'', numbered 612-80,008-E and dated
May 1978, plus those areas depicted on the map entitled ''Point Reyes
and GGNRA Amendments, dated October 25, 1979''.
The map referred to in this section shall be on file and available
for public inspection in the Offices of the National Park Service,
Department of the Interior, Washington, District of Columbia. After
advising the Committee on Interior and Insular Affairs of the United
States House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate in writing, the Secretary may make
minor revisions of the boundaries of the Point Reyes National Seashore
when necessary by publication of a revised drawing or other boundary
description in the Federal Register.
(b) Bear Valley Ranch right-of-way
The area referred to in subsection (a) of this section shall also
include a right-of-way to the aforesaid tract in the general vicinity of
the northwesterly portion of the property known as ''Bear Valley
Ranch'', to be selected by the Secretary, of not more than four hundred
feet in width, together with such adjoining lands as would be deprived
of access by reason of the acquisition of such right-of-way.
(Pub. L. 87-657, 2, Sept. 13, 1962, 76 Stat. 538; Pub. L. 89-666,
1(a), Oct. 15, 1966, 80 Stat. 919; Pub. L. 93-550, title II, 201, Dec.
26, 1974, 88 Stat. 1744; Pub. L. 95-625, title III, 318(a), Nov. 10,
1978, 92 Stat. 3486; Pub. L. 96-199, title I, 101(a)(1), Mar. 5, 1980,
94 Stat. 67.)
1980 -- Subsec. (a). Pub. L. 96-199 inserted '', plus those areas
depicted on the map entitled 'Point Reyes and GGNRA Amendments, dated
October 25, 1979''' after ''dated May 1978''.
1978 -- Subsec. (a). Pub. L. 95-625 substituted as a description of
the area the lands generally depicted on Boundary Map numbered
612-80,008-E and dated May 1978 for prior such depiction on Boundary Map
numbered 612-80,008-B, and dated August 1974; included submerged lands
in the description; made the map specifically available in the
Washington, District of Columbia, Office; and authorized minor
revisions of boundaries and publication thereof in the Federal Register
after advising Congressional committees.
1974 -- Subsec. (a). Pub. L. 93-550 substituted as a boundary
description Boundary Map No. 612-80,008-B, and dated August 1974, on
file in the office of the National Park Service, Department of the
Interior, for a boundary map designated NS-PR-7001, dated June 1, 1960,
on file with the Director of the National Park Service, Washington, D.
C., and all measurements relating thereto.
1966 -- Subsec. (b). Pub. L. 89-666 inserted ''to the aforesaid
tract in the general vicinity of the northwesterly portion of the
property known as 'Bear Valley Ranch''' after ''right-of-way'', struck
out ''from the intersection of Sir Francis Drake Boulevard and Haggerty
Gulch'' after ''aforesaid tract'' and included such adjoining lands as
would be deprived of access by reason of the right-of-way.
16 USC 459c-2. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; manner and place; concurrence of State
owner; transfer from Federal agency to administrative jurisdiction of
Secretary; liability of United States under contracts contingent on
appropriations
The Secretary is authorized to acquire, and it is the intent of
Congress that he shall acquire as rapidly as appropriated funds become
available for this purpose or as such acquisition can be accomplished by
donation or with donated funds or by transfer, exchange, or otherwise
the lands, waters, and other property, and improvements thereon and any
interest therein, within the areas described in section 459c-1 of this
title or which lie within the boundaries of the seashore as established
under section 459c-4 of this title (hereinafter referred to as ''such
area''). Any property, or interest therein, owned by a State or
political subdivision thereof may be acquired only with the concurrence
of such owner. Notwithstanding any other provision of law, any Federal
property located within such area may, with the concurrence of the
agency having custody thereof, be transferred without consideration to
the administrative jurisdiction of the Secretary for use by him in
carrying out the provisions of sections 459c to 459c-7 of this title.
In exercising his authority to acquire property in accordance with the
provisions of this subsection, the Secretary may enter into contracts
requiring the expenditure, when appropriated, of funds authorized by
section 459c-7 of this title, but the liability of the United States
under any such contract shall be contingent on the appropriation of
funds sufficient to fulfill the obligations thereby incurred.
(b) Payment for acquisition; fair market value
The Secretary is authorized to pay for any acquisitions which he
makes by purchase under sections 459c to 459c-7 of this title their fair
market value, as determined by the Secretary, who may in his discretion
base his determination on an independent appraisal obtained by him.
(c) Exchange of property; cash equalization payments
In exercising his authority to acquire property by exchange, the
Secretary may accept title to any non-Federal property located within
such area and convey to the grantor of such property any federally owned
property under the jurisdiction of the Secretary within California and
adjacent States, notwithstanding any other provision of law. The
properties so exchanged shall be approximately equal in fair market
value, provided that the Secretary may accept cash from or pay cash to
the grantor in such an exchange in order to equalize the values of the
properties exchanged.
(Pub. L. 87-657, 3, Sept. 13, 1962, 76 Stat. 539; Pub. L. 91-223,
2(a), Apr. 3, 1970, 84 Stat. 90.)
1970 -- Pub. L. 91-223 substituted introductory ''The'' for ''Except
as provided in section 459c-3 of this title, the''.
16 USC 459c-3. Repealed. Pub. L. 91-223, 2(b), Apr. 3, 1970, 84 Stat.
90
TITLE 16 -- CONSERVATION
Section, Pub. L. 87-657, 4, Sept. 13, 1962, 76 Stat. 540, provided
conditions for exercise of eminent domain within pastoral zone and
defined the term ''ranching and dairying purposes''.
16 USC 459c-4. Point Reyes National Seashore
TITLE 16 -- CONSERVATION
(a) Establishment; notice in Federal Register
As soon as practicable after September 13, 1962, and following the
acquisition by the Secretary of an acreage in the area described in
section 459c-1 of this title, that is in the opinion of the Secretary
efficiently administrable to carry out the purposes of sections 459c to
459c-7 of this title, the Secretary shall establish Point Reyes National
Seashore by the publication of notice thereof in the Federal Register.
(b) Distribution of notice and map
Such notice referred to in subsection (a) of this section shall
contain a detailed description of the boundaries of the seashore which
shall encompass an area as nearly as practicable identical to the area
described in section 459c-1 of this title. The Secretary shall
forthwith after the date of publication of such notice in the Federal
Register (1) send a copy of such notice, together with a map showing
such boundaries, by registered or certified mail to the Governor of the
State and to the governing body of each of the political subdivisions
involved; (2) cause a copy of such notice and map to be published in
one or more newspapers which circulate in each of the localities; and
(3) cause a certified copy of such notice, a copy of such map, and a
copy of sections 459c to 459c-7 of this title to be recorded at the
registry of deeds for the county involved.
(Pub. L. 87-657, 4, formerly 5, Sept. 13, 1962, 76 Stat. 540,
renumbered Pub. L. 91-223, 2(c), Apr. 3, 1970, 84 Stat. 90.)
Pub. L. 93-550, title II, 202, Dec. 26, 1974, 88 Stat. 1744,
provided that: ''The Secretary of the Interior shall, as soon as
practicable after the date of enactment of this title (Dec. 26, 1974),
publish an amended description of the boundaries of the Point Reyes
National Seashore in the Federal Register, and thereafter he shall take
such action with regard to such amended description and the map referred
to in section 201 of this title (amending section 459c-1 of this title)
as is required in the second sentence of subsection (b) of section 4 of
the act of September 13, 1962, as amended (subsec. (b) of this
section).''
16 USC 459c-5. Owner's reservation of right of use and occupancy for
fixed term of years or life
TITLE 16 -- CONSERVATION
(a) Election of term; fair market value; termination;
notification; lease of Federal lands: restrictive covenants, offer to
prior owner or leaseholder
Except for property which the Secretary specifically determines is
needed for interpretive or resources management purposes of the
seashore, the owner of improved property or of agricultural property on
the date of its acquisition by the Secretary under sections 459c to
459c-7 of this title may, as a condition of such acquisition, retain for
himself and his or her heirs and assigns a right of use and occupancy
for a definite term of not more than twenty-five years, or, in lieu
thereof, for a term ending at the death of the owner or the death of his
or her spouse, whichever is later. The owner shall elect the term to be
reserved. Unless the property is wholly or partly donated to the United
States, the Secretary shall pay to the owner the fair market value of
the property on the date of acquisition minus the fair market value on
that date of the right retained by the owner. A right retained pursuant
to this section shall be subject to termination by the Secretary upon
his or her determination that it is being exercised in a manner
inconsistent with the purposes of sections 459c to 459c-7 of this title,
and it shall terminate by operation of law upon the Secretary's
notifying the holder of the right of such determination and tendering to
him or her an amount equal to the fair market value of that portion of
the right which remains unexpired. Where appropriate in the discretion
of the Secretary, he or she may lease federally owned land (or any
interest therein) which has been acquired by the Secretary under
sections 459c to 459c-7 of this title, and which was agricultural land
prior to its acquisition. Such lease shall be subject to such
restrictive covenants as may be necessary to carry out the purposes of
sections 459c to 459c-7 of this title. Any land to be leased by the
Secretary under this section shall be offered first for such lease to
the person who owned such land or was a leaseholder thereon immediately
before its acquisition by the United States.
(b) ''Improved and agricultural property'' defined
As used in sections 459c to 459c-7 of this title, the term ''improved
property'' shall mean a private noncommercial dwelling, including the
land on which it is situated, whose construction was begun before
September 1, 1959, or, in the case of areas added by action of the
Ninety-fifth Congress, May 1, 1978 or, in the case of areas added by
action of the Ninety-sixth Congress, May 1, 1979, and structures
accessory thereto (hereinafter in this subsection referred to as
''dwelling''), together with such amount and locus of the property
adjoining and in the same ownership as such dwelling as the Secretary
designates to be reasonably necessary for the enjoyment of such dwelling
for the sole purpose of noncommercial residential use and occupancy. In
making such designation the Secretary shall take into account the manner
of noncommercial residential use and occupancy in which the dwelling and
such adjoining property has usually been enjoyed by its owner or
occupant. The term ''agricultural property'' as used in sections 459c
to 459c-7 of this title means lands which were in regular use for, or
were being converted to agricultural, ranching, or dairying purposes as
of May 1, 1978 or, in the case of areas added by action of the
Ninety-sixth Congress, May 1, 1979, together with residential and other
structures related to the above uses of the property that were in
existence or under construction as of May 1, 1978.
(c) Payment deferral; scheduling; interest rate
In acquiring those lands authorized by the Ninety-fifth Congress for
the purposes of sections 459c to 459c-7 of this title, the Secretary
may, when agreed upon by the landowner involved, defer payment or
schedule payments over a period of ten years and pay interest on the
unpaid balance at a rate not exceeding that paid by the Treasury of the
United States for borrowing purposes.
(d) Lands donated by State of California
The Secretary is authorized to accept and manage in accordance with
sections 459c to 459c-7 of this title, any lands and improvements within
or adjacent to the seashore which are donated by the State of California
or its political subdivisions. He is directed to accept any such lands
offered for donation which comprise the Tomales Bay State Park, or lie
between said park and Fish Hatchery Creek. The boundaries of the
seashore shall be changed to include any such donated lands.
(e) Fee or admission charge prohibited
Notwithstanding any other provision of law, no fee or admission
charge may be levied for admission of the general public to the
seashore.
(Pub. L. 87-657, 5, formerly 6, Sept. 13, 1962, 76 Stat. 541,
renumbered Pub. L. 91-223, 2(c), Apr. 3, 1970, 84 Stat. 90, and amended
Pub. L. 95-625, title III, 318(b)-(d), Nov. 10, 1978, 92 Stat. 3487;
Pub. L. 96-199, title I, 101(a)(2)-(4), Mar. 5, 1980, 94 Stat. 67.)
1980 -- Subsec. (a). Pub. L. 96-199, 101(a)(2), substituted ''Except
for property which the Secretary specifically determines is needed for
interpretive or resources management purposes of the seashore, the'' for
''The'' in first sentence.
Subsec. (b). Pub. L. 96-199, 101(a)(3), inserted ''or, in the case of
areas inserted by action of the Ninety-sixth Congress, May 1, 1979,''
after ''May 1, 1978'' and ''that were in existence or under construction
as of May 1, 1978'' after ''related to the above uses of the property''.
Subsecs. (d), (e). Pub. L. 96-199, 101(a)(4), added subsecs. (d) and
(e).
1978 -- Subsec. (a). Pub. L. 95-625, 318(b), extended provision to
agricultural property; provided for: retention rights of heirs and
assigns, retention rights for term of twenty-five years or for term
ending with death of owner or spouse, whichever was later, as elected by
owner, which provision previously authorized retention for term of fifty
years, termination of right of retention and notice thereof, and for
lease of federally owned lands, subject to restrictive covenants, with
first offer to prior owner or leaseholder; and included clause relating
to donation of property to the United States.
Subsec. (b). Pub. L. 95-625, 318(c), defined ''improved property'' to
include private dwelling, the construction of which was begun, in the
case of areas added by action of the Ninety-fifth Congress, October 1,
1978, and included definition of ''agricultural property''.
Subsec. (c). Pub. L. 95-625, 318(d), added subsec. (c).
16 USC 459c-6. Administration of property
TITLE 16 -- CONSERVATION
(a) Protection, restoration, and preservation of natural environment
Except as otherwise provided in sections 459c to 459c-7 of this
title, the property acquired by the Secretary under such sections shall
be administered by the Secretary without impairment of its natural
values, in a manner which provides for such recreational, educational,
historic preservation, interpretation, and scientific research
opportunities as are consistent with, based upon, and supportive of the
maximum protection, restoration, and preservation of the natural
environment within the area, subject to the provisions of sections 1 and
2 to 4 of this title, as amended and supplemented, and in accordance
with other laws of general application relating to the national park
system as defined by sections 1b to 1d of this title, except that
authority otherwise available to the Secretary for the conservation and
management of natural resources may be utilized to the extent he finds
such authority will further the purposes of sections 459c to 459c-7 of
this title.
(b) Hunting and fishing regulations
The Secretary may permit hunting and fishing on lands and waters
under his jurisdiction within the seashore in such areas and under such
regulations as he may prescribe during open seasons prescribed by
applicable local, State, and Federal law. The Secretary shall consult
with officials of the State of California and any political subdivision
thereof who have jurisdiction of hunting and fishing prior to the
issuance of any such regulations, and the Secretary is authorized to
enter into cooperative agreements with such officials regarding such
hunting and fishing as he may deem desirable.
(Pub. L. 87-657, 6, formerly 7, Sept. 13, 1962, 76 Stat. 541,
renumbered Pub. L. 91-223, 2(c), Apr. 3, 1970, 84 Stat. 90, and amended
Pub. L. 94-544, 4(a), Oct. 18, 1976, 90 Stat. 2515; Pub. L. 94-567, 7(
a), Oct. 20, 1976, 90 Stat. 2695.)
1976 -- Subsec. (a). Pub. L. 94-544 and Pub. L. 94-567 made
substantially identical amendments by inserting provision which directed
the Secretary to administer the property acquired in such a manner so as
to provide recreational, educational, historic preservation,
interpretation, and scientific research opportunities consistent with
the maximum protection, restoration, and preservation of the
environment.
16 USC 459c-6a. The Clem Miller Environmental Education Center;
designation
TITLE 16 -- CONSERVATION
The Secretary shall designate the principal environmental education
center within the seashore as ''The Clem Miller Environmental Education
Center'', in commemoration of the vision and leadership which the late
Representative Clem Miller gave to the creation and protection of Point
Reyes National Seashore.
(Pub. L. 87-657, 7, as added Pub. L. 94-544, 4(b), Oct. 18, 1976, 90
Stat. 2515, and Pub. L. 94-567, 7(b), Oct. 20, 1976, 90 Stat. 2695.)
Section 7(b) of Pub. L. 94-567 enacted this section as did section
4(b) of Pub. L. 94-544.
16 USC 459c-6b. Cooperation with utilities district; land use and
occupancy; terms and conditions
TITLE 16 -- CONSERVATION
The Secretary shall cooperate with the Bolinas Public Utilities
District to protect and enhance the watershed values within the
seashore. The Secretary may, at his or her discretion, permit the use
and occupancy of lands added to the seashore by action of the
Ninety-fifth Congress by the utilities district for water supply
purposes, subject to such terms and conditions as the Secretary deems
are consistent with the purposes of sections 459c to 459c-7 of this
title.
(Pub. L. 87-657, 8, as added Pub. L. 95-625, title III, 318(e), Nov.
10, 1978, 92 Stat. 3487.)
16 USC 459c-7. Authorization of appropriations; restriction on use of
land
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums as may be necessary
to carry out the provisions of sections 459c to 459c-7 of this title,
except that no more than $57,500,000 shall be appropriated for the
acquisition of land and waters and improvements thereon, and interests
therein, and incidental costs relating thereto, in accordance with the
provisions of such sections: Provided, That no freehold, leasehold, or
lesser interest in any lands hereafter acquired within the boundaries of
the Point Reyes National Seashore shall be conveyed for residential or
commercial purposes except for public accommodations, facilities, and
services provided pursuant to sections 20 to 20g and 462(h) of this
title. In addition to the sums heretofore authorized by this section,
there is further authorized to be appropriated $5,000,000 for the
acquisition of lands or interests therein.
(Pub. L. 87-657, 9, formerly 8, Sept. 13, 1962, 76 Stat. 541; Pub.
L. 89-666, 1(b), Oct. 15, 1966, 80 Stat. 919; renumbered 7 and amended
Pub. L. 91-223, 1, 2(c), Apr. 3, 1970, 84 Stat. 90; renumbered 8, Pub.
L. 94-544, 4(b), Oct. 18, 1976, 90 Stat. 2515; renumbered 8, Pub. L.
94-567, 7(b), Oct. 20, 1976, 90 Stat. 2695; renumbered 9, Pub. L.
95-625, title III, 318(e), Nov. 10, 1978, 92 Stat. 3487, and amended
Pub. L. 95-625, title III, 318(f), as added Pub. L. 96-199, title I,
101(a)(5), Mar. 5, 1980, 94 Stat. 67.)
Sums ''heretofore'' authorized by this section, referred to in text,
means sums authorized by this section prior to the enactment on Mar. 5,
1980, of Pub. L. 96-199, which added the authorization for a $5,000,000
appropriation for the acquisition of lands or interest in lands.
Section 7(b) of Pub. L. 94-567 made the identical change in the
credit as did section 4(b) of Pub. L. 94-544.
1980 -- Pub. L. 96-199 inserted provisions authorizing an
appropriation of $5,000,000 for the acquisition of lands or interests
therein.
1970 -- Pub. L. 91-223, 1, substituted ''$57,500,000'' for
''$19,135,000'', restricted conveyances of any interest in any lands
acquired after April 3, 1970, only for public accommodations,
facilities, and services under provisions for concessions in areas
administered by National Park Service.
1966 -- Pub. L. 89-666 substituted ''$19,135,000'' for
''$14,000,000''.
16 USC 459d. Padre Island National Seashore; description of land and
waters
TITLE 16 -- CONSERVATION
In order to save and preserve, for purposes of public recreation,
benefit, and inspiration, a portion of the diminishing seashore of the
United States that remains undeveloped, the Secretary of the Interior
shall take appropriate action in the public interest toward the
establishment of the following described lands and waters as the Padre
Island National Seashore: Beginning at a point one statute mile
northerly of North Bird Island on the easterly line of the Intracoastal
Waterway; thence due east to a point on Padre Island one statute mile
west of the mean high water line of the Gulf of Mexico; thence
southwesterly paralleling the said mean high water line of the Gulf of
Mexico a distance of about three and five-tenths statute miles; thence
due east to the two-fathom line on the east side of Padre Island as
depicted on National Ocean Survey chart numbered 1286; thence along the
said two-fathom line on the east side of Padre Island as depicted on
National Ocean Survey charts numbered 1286, 1287, and 1288 to the
Willacy-Cameron County line extended; thence westerly along said county
line to a point 1,500 feet west of the mean high water line of the Gulf
of Mexico as that line was determined by the survey of J. S. Boyles
and is depicted on sections 9 and 10 of the map entitled ''Survey of
Padre Island made for the office of the Attorney General of the State of
Texas'', dated August 7 to 11, 1941, and August 11, 13, and 14, 1941,
respectively; thence northerly along a line parallel to said survey
line of J. S. Boyles and distant therefrom 1,500 feet west to a point
on the centerline of the Port Mansfield Channel; thence westerly along
said centerline to a point three statute miles west of the said
two-fathom line; thence northerly parallel with said two-fathom line to
27 degrees 20 minutes north latitude; thence westerly along said
latitude to the easterly line of the Intracoastal Waterway; thence
northerly following the easterly line of the Intracoastal Waterway as
indicated by channel markers in the Laguna Madre to the point of
beginning.
(Pub. L. 87-712, 1, Sept. 28, 1962, 76 Stat. 650.)
Coast and Geodetic Survey consolidated with National Weather Bureau
in 1965 to form Environmental Science Services Administration by Reorg.
Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318.
Environmental Science Services Administration abolished in 1970 and its
personnel, property, records, etc., transferred to National Oceanic and
Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct.
3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate
Administrator of National Oceanic and Atmospheric Administration, 35 F.
R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated
National Ocean Survey. See notes under section 311 of Title 15,
Commerce and Trade.
16 USC 459d-1. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; manner and place; concurrence of State
owner; transfer from Federal agency to administrative jurisdiction of
Secretary
The Secretary of the Interior (hereinafter referred to as the
''Secretary'') is authorized to acquire by donation, purchase with
donated or appropriated funds, condemnation, transfer from any Federal
agency, exchange, or otherwise, the land, waters, and other property,
and improvements thereon and any interest therein, within the areas
described in section 459d of this title or which lie within the
boundaries of the seashore as established under section 459d-2 of this
title (hereinafter referred to as ''such area''). Any property, or
interest therein, owned by the State of Texas or political subdivision
thereof may be acquired only with the concurrence of such owner.
Notwithstanding any other provision of law, any Federal property located
within such area may, with the concurrence of the agency having custody
thereof, be transferred without consideration to the administrative
jurisdiction of the Secretary for use by him in carrying out the
provisions of sections 459d to 459d-7 of this title.
(b) Fair market value; appraisal
The Secretary is authorized to pay for any acquisitions which he
makes by purchase under sections 459d to 459d-7 of this title their fair
market value, as determined by the Secretary, who may in his discretion
base his determination on an independent appraisal obtained by him.
(c) Exchange of property; cash equalization payments
In exercising his authority to acquire property by exchange, the
Secretary may accept title to any non-Federal property located within
such area and convey to the grantor of such property any federally owned
property under the jurisdiction of the Secretary within such area. The
properties so exchanged shall be approximately equal in fair market
value: Provided, That the Secretary may accept cash from or pay cash to
the grantor in such an exchange in order to equalize the values of the
properties exchanged.
(Pub. L. 87-712, 2, Sept. 28, 1962, 76 Stat. 650.)
Pub. L. 94-578, title I, 101(13), Oct. 21, 1976, 90 Stat. 2733, as
amended Pub. L. 96-199, title I, 111, Mar. 5, 1980, 94 Stat. 70,
provided in part that: ''The Secretary of the Interior is authorized to
revise the boundary of the seashore (Padre Island National Seashore,
Texas) to add approximately two hundred and seventy-four acres and to
delete approximately two thousand acres, and sections 302 and 303 of the
Act of April 11, 1972 (86 Stat. 120, 121) (Pub. L. 92-272, which
sections were not classified to the Code), shall apply to the boundary
revision authorized herein.''
16 USC 459d-2. Establishment
TITLE 16 -- CONSERVATION
(a) Notice in Federal Register
As soon as practicable after September 28, 1962 and following the
acquisition by the Secretary of an acreage in the area described in
section 459d of this title, that is in the opinion of the Secretary
efficiently administrable to carry out the purposes of sections 459d to
459d-7 of this title, the Secretary shall establish the area as a
national seashore by the publication of notice thereof in the Federal
Register.
(b) Distribution of notice and map
Such notice referred to in subsection (a) of this section shall
contain a detailed description of the boundaries of the seashore which
shall encompass an area as nearly as practicable identical to the area
described in section 459d of this title. The Secretary shall forthwith
after the date of publication of such notice in the Federal Register (1)
send a copy of such notice, together with a map showing such boundaries,
by registered or certified mail to the Governor of the State and to the
governing body of each of the political subdivisions involved; (2)
cause a copy of such notice and map to be published in one or more
newspapers which circulate in each of the localities; and (3) cause a
certified copy of such notice, a copy of such map, and a copy of
sections 459d to 459d-7 of this title to be recorded at the registry of
deeds for the county involved.
(Pub. L. 87-712, 3, Sept. 28, 1962, 76 Stat. 651.)
16 USC 459d-3. Reservation of oil, gas, and other minerals
TITLE 16 -- CONSERVATION
(a) When acquiring land, waters, or interests therein, the Secretary
shall permit a reservation by the grantor of all or any part of the oil
and gas minerals in such land or waters and of other minerals therein
which can be removed by similar means, with the right of occupation and
use of so much of the surface of the land or waters as may be required
for all purposes reasonably incident to the mining or removal of such
from beneath the surface of these lands and waters and the lands and
waters adjacent thereto, under such regulations as may be prescribed by
the Secretary with respect to such mining or removal.
(b) Any acquisition hereunder shall exclude and shall not diminish
any right of occupation or use of the surface under grants, leases, or
easements existing on April 11, 1961, which are reasonably necessary for
the exploration, development, production, storing, processing, or
transporting of oil and gas minerals that are removed from outside the
boundaries of the national seashore and the Secretary may grant
additional rights of occupation or use of the surface for the purposes
aforesaid upon the terms and under such regulations as may be prescribed
by him.
(Pub. L. 87-712, 4, Sept. 28, 1962, 76 Stat. 651.)
16 USC 459d-4. Administration; utilization of authority for
conservation and management of natural resources
TITLE 16 -- CONSERVATION
Except as otherwise provided in sections 459d to 459d-7 of this
title, the property acquired by the Secretary under such sections shall
be administered by the Secretary, subject to the provisions of sections
1 and 2 to 4 of this title, as amended and supplemented, and in
accordance with other laws of general application relating to the areas
administered and supervised by the Secretary through the National Park
Service; except that authority otherwise available to the Secretary for
the conservation and management of natural resources may be utilized to
the extent he finds such authority will further the purposes of sections
459d to 459d-7 of this title.
(Pub. L. 87-712, 5, Sept. 28, 1962, 76 Stat. 652.)
16 USC 459d-5. Roadways to access highways from mainland
TITLE 16 -- CONSERVATION
The Secretary may provide for roadways from the north and south
boundaries of such public recreation area to the access highways from
the mainland to Padre Island.
(Pub. L. 87-712, 6, Sept. 28, 1962, 76 Stat. 652.)
16 USC 459d-6. Aerial gunnery and bombing range agreements of Secretary
of the Interior and Secretary of the Navy
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall enter into such administrative
agreements with the Secretary of the Navy as the Secretary of the Navy
may deem necessary to assure that the Secretary of the Interior will not
exercise any authority granted by sections 459d to 459d-7 of this title
so as to interfere with the use by the Department of the Navy of any
aerial gunnery or bombing range located in the vicinity of Padre Island.
(Pub. L. 87-712, 7, Sept. 28, 1962, 76 Stat. 652.)
16 USC 459d-7. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated such sums as may be necessary
to carry out the provisions of sections 459d to 459d-7 of this title;
except that no more than $5,350,000 shall be appropriated for the
acquisition of land and waters and improvements thereon, and interests
therein, and incidental costs relating thereto, in accordance with the
provisions of such sections.
(Pub. L. 87-712, 8, Sept. 28, 1962, 76 Stat. 652; Pub. L. 94-578,
title I, 101(13), Oct. 21, 1976, 90 Stat. 2733.)
Section 101(13) of Pub. L. 94-578, cited as a credit to this
section, as amended by Pub. L. 96-199, title I, 111, Mar. 5, 1980, 94
Stat. 70, is also set out in part as a note under section 459d-1 of
this title.
1976 -- Pub. L. 94-578 substituted ''$5,350,000'' for
''$5,000,000''.
16 USC 459e. Fire Island National Seashore
TITLE 16 -- CONSERVATION
(a) Purposes; authorization for establishment
For the purpose of conserving and preserving for the use of future
generations certain relatively unspoiled and undeveloped beaches, dunes,
and other natural features within Suffolk County, New York, which
possess high values to the Nation as examples of unspoiled areas of
great natural beauty in close proximity to large concentrations of urban
population, the Secretary of the Interior is authorized to establish an
area to be known as the ''Fire Island National Seashore''.
(b) Boundaries
The boundaries of the national seashore shall extend from the
easterly boundary of the main unit of Robert Moses State Park eastward
to Moriches Inlet and shall include not only Fire Island proper, but
also such islands and marshlands in the Great South Bay, Bellport Bay,
and Moriches Bay adjacent to Fire Island as Sexton Island, West Island,
Hollins Island, Ridge Island, Pelican Island, Pattersquash Island, and
Reeves Island and such other small and adjacent islands, marshlands, and
wetlands as would lend themselves to contiguity and reasonable
administration within the national seashore and, in addition, the waters
surrounding said area to distances of one thousand feet in the Atlantic
Ocean and up to four thousand feet in Great South Bay and Moriches Bay
and, in addition, mainland terminal and headquarters sites, not to
exceed a total of twelve acres, on the Patchogue River within Suffolk
County, New York, all as delineated on a map identified as ''Fire Island
National Seashore'', numbered OGP-0004, dated May 1978. The Secretary
shall publish said map in the Federal Register, and it may also be
examined in the offices of the Department of the Interior.
(Pub. L. 88-587, 1, Sept. 11, 1964, 78 Stat. 928; Pub. L. 95-625,
title III, 322(a), Nov. 10, 1978, 92 Stat. 3488.)
1978 -- Subsec. (b). Pub. L. 95-625 inserted ''the main unit of''
before ''Robert Moses State Park'', included in the boundaries the
mainland terminal and headquarters sites, not to exceed a total of
twelve acres, on the Patchogue River within Suffolk County, New York,
and substituted map numbered OGP -- 0004, dated May 1978 for OGP --
0002, dated June 1964 and requirement of publishing the map in the
Federal Register for prior provision for filing the map with the Federal
Register.
Pub. L. 98-482, 1, Oct. 17, 1984, 98 Stat. 2255, provided: ''That
this Act (amending sections 459e-1 and 459e-2 of this title) may be
cited as the 'Fire Island National Seashore Amendments Act of 1984'.''
16 USC 459e-1. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; manner and place; concurrence of State
owner; transfer from Federal agency to administrative jurisdiction of
Secretary; liability of United States under contracts contingent on
appropriations
The Secretary is authorized to acquire, and it is the intent of
Congress that he shall acquire as appropriated funds become available
for the purpose or as such acquisition can be accomplished by donation
or with donated funds or by transfer, exchange, or otherwise, the lands,
waters, and other property, and improvements thereon and any interest
therein, within the boundaries of the seashore as established under
section 459e of this title. Any property or interest therein owned by
the State of New York, by Suffolk County, or by any other political
subdivision of said State may be acquired only with the concurrence of
such owner. Notwithstanding any other provision of law, any Federal
property located within such area may, with the concurrence of the
agency having custody thereof, be transferred without consideration to
the administrative jurisdiction of the Secretary for use by him in
carrying out the provisions of sections 459e to 459e-9 of this title.
In exercising his authority to acquire property in accordance with the
provisions of this subsection, the Secretary may enter into contracts
requiring the expenditure, when appropriated, of funds authorized by
sections 459e to 459e-9 of this title, but the liability of the United
States under any such contract shall be contingent on the appropriation
of funds sufficient to fulfill the obligations thereby incurred.
(b) Establishment; notice in Federal Register
When the Secretary determines that lands and waters or interests
therein have been acquired by the United States in sufficient quantity
to provide an administrative unit, he shall declare the establishment of
the Fire Island National Seashore by publication of notice in the
Federal Register.
(c) Fair market value
The Secretary shall pay not more than the fair market value, as
determined by him, for any land or interest therein acquired by
purchase.
(d) Exchange of property; cash equalization payments
When acquiring land by exchange the Secretary may accept title to any
nonfederally owned land located within the boundaries of the national
seashore and convey to the grantor any federally owned land under the
jurisdiction of the Secretary. The lands so exchanged shall be
approximately equal in fair market value, but the Secretary may accept
cash from or pay cash to the grantor in order to equalize the values of
the lands exchanged.
(e) Limitation of condemnation power during existence of zoning
ordinance; Davis Park-Smith Point County Park area exception;
beneficial owner's election of alternatives as condition for acquisition
With one exception the Secretary shall not acquire any privately
owned improved property or interests therein within the boundaries of
the seashore or any property or interests therein within the communities
delineated on the boundary map mentioned in section 459e of this title,
except beach or waters and adjoining land within such communities which
the Secretary determines are needed for public access to the beach,
without the consent of the owners so long as the appropriate local
zoning agency shall have in force and applicable to such property a duly
adopted, valid, zoning ordinance that is satisfactory to the Secretary.
The sole exception to this limitation on the power of the Secretary to
condemn improved property where appropriate zoning ordinances exist
shall be in the approximately eight-mile area from the easterly boundary
of the Brookhaven town park at Davis Park, in the town of Brookhaven, to
the westerly boundary of the Smith Point County Park. In this area
only, when the Secretary deems it advisable for carrying out the
purposes of sections 459e to 459e-9 of this title or to improve the
contiguity of the park land and ease its administration, the Secretary
may acquire any land or improvements therein by condemnation. In every
case in which the Secretary exercises this right of condemnation of
improved property the beneficial owner or owners (not being a
corporation) of any improved property so condemned, provided he, she, or
they held the same or a greater estate in the property on July 1, 1963,
may elect as a condition of such acquisition by the Secretary any one of
the following three alternatives:
(1) that the Secretary shall take the said property in fee simple
absolute and pay the fair market value thereof as of the date of such
taking;
(2) that the owner or owners shall retain a life estate in said
property, measured on the life of the sole owner or on the life of any
one person among multiple owners (notice of the person so designated to
be filed in writing with the Secretary within six months after the
taking) or on the life of the survivor in title of any estate held on
July 1, 1963, as a tenancy by the entirety. The price in such case
shall be diminished by the actuarial fair market value of the life
estate retained, determined on the basis of standard actuarial methods;
(3) that the owner or owners shall retain an estate for twenty-five
years. The price in this case shall likewise be diminished by the value
of the estate retained.
(f) ''Improved property'' defined
The term ''improved property'' as used in sections 459e to 459e-9 of
this title shall mean any building, the construction of which was begun
before July 1, 1963, and such amount of land, not in excess of two acres
in the case of a residence or ten acres in the case of a commercial or
industrial use, on which the building is situated as the Secretary
considers reasonably necessary to the use of the building: Provided,
That the Secretary may exclude from improved properties any beach or
waters, together with so much of the land adjoining such beach or waters
as he deems necessary for public access thereto.
(g) Undeveloped tracts and property; suspension of condemnation
authority; natural state
The authority of the Secretary to condemn undeveloped tracts within
the Dune District as depicted on map entitled ''Fire Island National
Seashore'' numbered OGP-0004 dated May, 1978, is suspended so long as
the owner or owners of the undeveloped property therein maintain the
property in its natural state. Undeveloped property within the Dune
District that is acquired by the Secretary shall remain in its natural
state.
(h) Sale of property acquired by condemnation; excepted properties;
proceeds available for acquisition of property
(1)(A) The Secretary shall sell any property described in
subparagraph (B) of this paragraph acquired by condemnation under
sections 459e to 459e-9 of this title to the highest bidder; except
that --
(i) no property shall be sold at less than its fair market value;
and
(ii) no property shall be sold unless it is sold subject to covenants
or other restrictions that will ensure that the use of such property
conforms --
(I) to the standards specified in regulations issued under section
459e-2(a) of this title which are in effect at the time of such sale,
and
(II) to any approved zoning ordinance or amendment thereof to which
such property is subject.
(B) The property referred to in subparagraph (A) of this paragraph is
any property within the boundaries of the national seashore as
delineated on the map mentioned in section 459e of this title except --
(i) property within the Dune district referred to in subsection (g)
of this section;
(ii) beach or waters and adjoining land within the exempt communities
referred to in the first sentence of subsection (e) of this section;
and
(iii) property within the eight-mile area described in the second
sentence of subsection (e) of this section; and
(iv) any property acquired prior to October 1, 1982, that the
Secretary determines should be retained to further the purpose of
sections 459e to 459e-9 of this title.
(2) Notwithstanding any other provision of law, all moneys received
from sales under paragraph (1) of this subsection may be retained and
shall be available to the Secretary, without further appropriation, only
for purposes of acquiring property under sections 459e to 459e-9 of this
title.
(i) Injunctive relief; termination
(1) Upon or after the commencement of any action for condemnation
with respect to any property under sections 459e to 459e-9 of this
title, the Secretary, through the Attorney General of the United States,
may apply to the United States District Court for the Eastern District
of New York for a temporary restraining order or injunction to prevent
any use of, or construction upon, such property that --
(A) fails, or would result in a failure of such property, to conform
to the standards specified in regulations issued under section 459e-2(
a) of this title in effect at the time such use or construction began;
or
(B) in the case of undeveloped tracts in the Dune district referred
to in subsection (g) of this section, would result in such undeveloped
property not being maintained in its natural state.
(2) Any temporary restraining order or injunction issued pursuant to
such an application shall terminate in accordance with the provisions of
section 459e-2(g) of this title.
(Pub. L. 88-587, 2, Sept. 11, 1964, 78 Stat. 929; Pub. L. 95-625,
title III, 322(b), Nov. 10, 1978, 92 Stat. 3489; Pub. L. 98-482, 2,
Oct. 17, 1984, 98 Stat. 2255.)
1984 -- Subsecs. (h), (i). Pub. L. 98-482 added subsecs. (h) and
(i).
1978 -- Subsec. (g). Pub. L. 95-625 added subsec. (g).
16 USC 459e-2. Zoning regulations
TITLE 16 -- CONSERVATION
(a) Amendment; standards for approval of ordinances
In order to carry out the provisions of section 459e-1 of this title
the Secretary shall issue regulations, which may be amended from time to
time, specifying standards that are consistent with the purposes of
sections 459e to 459e-9 of this title for zoning ordinances which must
meet his approval.
(b) Commercial or industrial use prohibition; size, location or use
restrictions for commercial, residential, and other structures;
reconciliation of population with protection of natural resoruces
The standards specified in such regulations shall have the object of
(1) prohibiting new commercial or industrial uses, other than commercial
or industrial uses which the Secretary considers are consistent with the
purposes of sections 459e to 459e-9 of this title, of all property
within the national seashore, and (2) promoting the protection and
development for purposes of sections 459e to 459e-9 of this title of the
land within the national seashore by means of limitations or
restrictions on the size, location or use of any commercial,
residential, and other structures. In accomplishing these objectives,
such standards shall seek to reconcile the population density of the
seashore on October 17, 1984, with the protection of the natural
resources of the Seashore /1/ consistent with the purposes for which it
has been established as provided by sections 459e to 459e-9 of this
title.
(c) Approval of ordinances
Following issuance of such regulations the Secretary shall approve
any zoning ordinance or any amendment to any approved zoning ordinance
submitted to him that conforms to the standards contained in the
regulations in effect at the time of adoption of the ordinance or
amendment. Such approval shall remain effective for so long as such
ordinance or amendment remains in effect as approved.
(d) Adverse provisions and absence of notice for variance as
requiring disapproval of ordinances
No zoning ordinance or amendment thereof shall be approved by the
Secretary which (1) contains any provisions that he considers adverse to
the protection and development, in accordance with the purposes of
sections 459e to 459e-9 of this title, of the area comprising the
national seashore; or (2) fails to have the effect of providing that
the Secretary shall receive notice of any variance granted under, or any
exception made to, the application of such ordinance or amendment.
(e) Termination of suspension of authority for acquisition by
condemnation because of nonconforming variances and uses
In the case of any property, including improved property but
excluding undeveloped property in the Dune district referred to in
section 459e-1(g) of this title, with respect to which the Secretary's
authority to acquire by condemnation has been suspended under sections
459e to 459e-9 of this title if --
(1) such property is, after October 17, 1984, made the subject of a
variance under, or becomes for any reason an exception to, any
applicable zoning ordinance approved under this section; and
(2) such variance or exception results, or will result, in such
property being used in a manner that fails to conform to any applicable
standard contained in regulations of the Secretary issued pursuant to
this section and in effect at the time such variance or exception took
effect;
then the suspension of the Secretary's authority to acquire such
property by condemnation shall automatically cease.
(f) Certificate of suspension of authority for acquisition by
condemnation
The Secretary shall furnish to any party in interest upon request a
certificate indicating the property with respect to which the
Secretary's authority to acquire by condemnation is suspended.
(g) Injunctive relief; termination
Notwithstanding any other provision of sections 459e to 459e-9 of
this title, the Secretary of the Interior, acting through the Attorney
General of the United States, may apply to the United States District
Court for the Eastern District of New York for a temporary restraining
order or injunction to prohibit the use of, including construction upon,
any property within the seashore in a manner that --
(1) will cause or is likely to cause significant harm to the natural
resources of the seashore, or
(2) is inconsistent with the purposes for which the seashore was
established.
Except to the extent the Court may deem necessary in extraordinary
circumstances, no such order or injunction shall continue in effect for
more than one hundred and eighty days. During the period of such order
or injunction, the Secretary shall diligently and in good faith
negotiate with the owner of the property to assure that following
termination of the order or injunction, the inconsistent use is abated
or the significant harm to the natural resources is mitigated.
(Pub. L. 88-587, 3, Sept. 11, 1964, 78 Stat. 930; Pub. L. 98-482,
3-5, Oct. 17, 1984, 98 Stat. 2256.)
1984 -- Subsec. (b). Pub. L. 98-482, 4, substituted ''by means of
limitations or restrictions on the size, location or use of any
commerical, residential, and other structures'' for ''by means of
acreage, frontage, and setback requirements'' and required that the
standards seek to reconcile the population density of the seashore on
Oct. 17, 1984, with the protection of the natural resources of the
seashore.
Subsec. (e). Pub. L. 98-482, 3, designated part of existing
provisions as pars. (1) and (2), made the provisions applicable to any
property, and excluded undeveloped property in the Dune district.
Subsec. (g). Pub. L. 98-482, 5, added subsec. (g).
/1/ So in original. Probably should not be capitalized.
16 USC 459e-3. Retention by owner of right of use and occupancy of
improved property for residential purposes
TITLE 16 -- CONSERVATION
(a) Time limit; value of reserved right
Owners of improved property acquired by the Secretary may reserve for
themselves and their successors or assigns a right of use and occupancy
of the improved property for noncommercial residential purposes for a
term that is not more than twenty-five years. The value of the reserved
right shall be deducted from the fair market value paid for the
property.
(b) Termination of right; compensation
A right of use and occupancy reserved pursuant to this section shall
be subject to termination by the Secretary upon his determination that
the use and occupancy is not consistent with an applicable zoning
ordinance approved by the Secretary in accordance with the provisions of
section 459e-2 of this title, and upon tender to the owner of the right
an amount equal to the fair market value of that portion of the right
which remains unexpired on the date of termination.
(Pub. L. 88-587, 4, Sept. 11, 1964, 78 Stat. 931.)
16 USC 459e-4. Hunting and fishing regulations
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting, fishing, and shellfishing on
lands and waters under his administrative jurisdiction within the Fire
Island National Seashore in accordance with the laws of New York and the
United States of America, except that the Secretary may designate zones
where, and establish periods when, no hunting shall be permitted for
reasons of public safety, administration, or public use and enjoyment.
Any regulations of the Secretary under this section shall be issued
after consultation with the Conservation Department of the State of New
York.
(Pub. L. 88-587, 5, Sept. 11, 1964, 78 Stat. 931.)
16 USC 459e-5. Acceptance of donations
TITLE 16 -- CONSERVATION
The Secretary may accept and use for purposes of sections 459e to
459e-9 of this title any real or personal property or moneys that may be
donated for such purposes.
(Pub. L. 88-587, 6, Sept. 11, 1964, 78 Stat. 931.)
16 USC 459e-6. Administration, protection, and development
TITLE 16 -- CONSERVATION
(a) Conservation of natural resources of Seashore; preservation and
access to Sunken Forest Preserve
The Secretary shall administer and protect the Fire Island National
Seashore with the primary aim of conserving the natural resources
located there. The area known as the Sunken Forest Preserve shall be
preserved from bay to ocean in as nearly its present state as possible,
without developing roads therein, but continuing the present access by
those trails already existing and limiting new access to similar trails
limited in number to those necessary to allow visitors to explore and
appreciate this section of the seashore.
(b) Access to Davis Park-Smith Point County Park area
Access to that section of the seashore lying between the easterly
boundary of the Ocean Ridge portion of Davis Park and the westerly
boundary of the Smith Point County Park shall be provided by ferries and
footpaths only, and no roads shall be constructed in this section except
such minimum roads as may be necessary for park maintenance vehicles.
No development or plan for the convenience of visitors shall be
undertaken therein which would be incompatible with the preservation of
the flora and fauna or the physiographic conditions now prevailing, and
every effort shall be exerted to maintain and preserve this section of
the seashore as well as that set forth in the preceding paragraph in as
nearly their present state and condition as possible.
(c) Utilization of authority for conservation and development of
natural resources; user fees
In administering, protecting, and developing the entire Fire Island
National Seashore, the Secretary shall be guided by the provisions of
sections 459e to 459e-9 of this title and the applicable provisions of
the laws relating to the national park system, and the Secretary may
utilize any other statutory authority available to him for the
conservation and development of natural resources to the extent he finds
that such authority will further the purposes of sections 459e to 459e-9
of this title. Appropriate user fees may be collected notwithstanding
any limitation on such authority by any provision of law.
(Pub. L. 88-587, 7, Sept. 11, 1964, 78 Stat. 931; Pub. L. 95-625,
title III, 322(c), Nov. 10, 1978, 92 Stat. 3489.)
1978 -- Subsec. (b). Pub. L. 95-625 substituted ''Ocean Ridge
portion of Davis Park'' for ''Brookhaven town park at''.
16 USC 459e-7. Shore erosion control or beach protection measures;
Fire Island inlet
TITLE 16 -- CONSERVATION
(a) Authority of Chief of Engineers
The authority of the Chief of Engineers, Department of the Army, to
undertake or contribute to shore erosion control or beach protection
measures on lands within the Fire Island National Seashore shall be
exercised in accordance with a plan that is mutually acceptable to the
Secretary of the Interior and the Secretary of the Army and that is
consistent with the purposes of sections 459e to 459e-9 of this title.
(b) Land contribution
The Secretary shall also contribute the necessary land which may be
required at any future date for the construction of one new inlet across
Fire Island in such location as may be feasible in accordance with plans
for such an inlet which are mutually acceptable to the Secretary of the
Interior and the Secretary of the Army and that is consistent with the
purposes of sections 459e to 459e-9 of this title.
(Pub. L. 88-587, 8, Sept. 11, 1964, 78 Stat. 932.)
16 USC 459e-8. Omitted
TITLE 16 -- CONSERVATION
Section, Pub. L. 88-587, 9, Sept. 11, 1964, 78 Stat. 932, which
provided for the creation of a Fire Island National Seashore Advisory
Commission, has been omitted as executed in view of a provision of
subsec. (a) that the Commission terminate on Sept. 11, 1974, or on the
declaration of the establishment of the Fire Island National Seashore,
whichever occurs first.
16 USC 459e-9. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated not more than
$23,000,000 for the acquisition of lands and interests in land pursuant
to sections 459e to 459e-9 of this title, and, after December 23, 1980,
not more than $500,000 for development.
(Pub. L. 88-587, 10, Sept. 11, 1964, 78 Stat. 933; Pub. L. 94-578,
title I, 101(5), Oct. 21, 1976, 90 Stat. 2732; Pub. L. 95-625, title
III, 322(d), Nov. 10, 1978, 92 Stat. 3489; Pub. L. 96-585, 1(e), Dec.
23, 1980, 94 Stat. 3379.)
1980 -- Pub. L. 96-585 inserted provision authorizing $500,000
appropriation for development.
1978 -- Pub. L. 95-625 substituted ''$23,000,000'' for
''$18,000,000''.
1976 -- Pub. L. 94-578 substituted ''$18,000,000'' for
''$16,000,000''.
16 USC 459e-10. Authority to accept donation of William Floyd Estate
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept the donation of
approximately six hundred and eleven acres of lands, submerged lands,
islands, and marshlands or interests therein, known as the William Floyd
Estate, located in the town of Brookhaven, county of Suffolk, and State
of New York, delineated on a certain map entitled ''Map of the Fire
Island National Seashore, Including the William Floyd Estate'', numbered
OGP-0003, dated May 1965, which map or a true copy thereof shall be
filed with the Federal Register and may be examined in the offices of
the Department of the Interior. Such donation may be accepted subject
to such terms, covenants, and conditions as the Secretary finds will be
in the public interest.
(Pub. L. 89-244, 1, Oct. 9, 1965, 79 Stat. 967.)
16 USC 459e-11. Authority to accept donation of main dwelling on
William Floyd Estate; lease-back of donated property
TITLE 16 -- CONSERVATION
The Secretary is also authorized to accept the donation of the main
dwelling on said lands, which was the birthplace and residence of
General William Floyd (a signer of the Declaration of Independence) and
the furnishings therein and any outbuildings, subject to like terms,
covenants, and conditions. The Secretary is authorized to lease said
lands, dwellings, and outbuildings to the grantors thereof for a term of
not more than twenty-five years, at $1 per annum, and during the period
of the leasehold the Secretary may provide protective custody for such
property.
(Pub. L. 89-244, 2, Oct. 9, 1965, 79 Stat. 967.)
16 USC 459e-12. Administration of property of William Floyd Estate;
detached unit
TITLE 16 -- CONSERVATION
Upon expiration or surrender of the aforesaid lease the property
shall become a detached unit of the Fire Island National Seashore, and
shall be administered, protected, and developed in accordance with the
laws applicable thereto subject, with respect to said main dwelling and
the furnishings therein, to such terms, covenants, and conditions which
the Secretary shall have accepted and approved upon the donation thereof
as in the public interest.
(Pub. L. 89-244, 3, Oct. 9, 1965, 79 Stat. 967.)
16 USC 459f. Assateague Island National Seashore; purposes;
description of area
TITLE 16 -- CONSERVATION
For the purpose of protecting and developing Assateague Island in the
States of Maryland and Virginia and certain adjacent waters and small
marsh islands for public outdoor recreation use and enjoyment, the
Assateague Island National Seashore (hereinafter referred to as the
''seashore'') shall be established and administered in accordance with
the provisions of sections 459f to 459f-11 of this title. The seashore
shall comprise the area within Assateague Island and the small marsh
islands adjacent thereto, together with the adjacent water areas not
more than one-half mile beyond the mean high waterline of the land
portions as generally depicted on a map identified as ''Proposed
Assateague Island National Seashore, Boundary Map, NS-AI-7100A,
November, 1964'', which map shall be on file and available for public
inspection in the offices of the Department of the Interior.
(Pub. L. 89-195, 1, Sept. 21, 1965, 79 Stat. 824.)
16 USC 459f-1. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; manner and place; fair market value;
concurrence of State owner; transfer from Federal agency to
administrative jurisdiction of Secretary
Within the boundaries of the seashore, the Secretary of the Interior
(hereinafter referred to as the ''Secretary'') is authorized to acquire
lands, waters, and other property, or any interest therein, by donation,
purchase with donated or appropriated funds, exchange, or in such other
method as he may find to be in the public interest. The Secretary is
authorized to acquire, by any of the above methods, not to exceed
sixteen acres of land or interest therein on the mainland in Worcester
County, Maryland, for an administrative site. In the case of
acquisition by negotiated purchase, the property owners shall be paid
the fair market value by the Secretary. Any property or interests
therein owned by the States of Maryland or Virginia shall be acquired
only with the concurrence of such owner. Notwithstanding any other
provision of law, any Federal property located within the boundaries of
the seashore and not more than sixteen acres of Federal property on the
mainland in Worcester County, Maryland, may, with the concurrence of the
agency having custody thereof, be transferred without consideration to
the administrative jurisdiction of the Secretary for purposes of the
seashore.
(b) Exchange of property; cash equalization payments
When acquiring lands by exchange, the Secretary may accept title to
any non-Federal property within the boundaries of the seashore and to
not more than sixteen acres of non-Federal property on the mainland in
Worcester County, Maryland, and convey to the grantor of such property
any federally owned property under the jurisdiction of the Secretary
which he classifies as suitable for exchange or other disposal, and
which is located in Maryland or Virginia. The properties so exchanged
shall be approximately equal in fair market value, but the Secretary may
accept cash from or pay cash to the grantor in order to equalize the
values of the properties exchanged.
(c) Bridge acquisition; amount of compensation; payment terms and
conditions
The Secretary is authorized to acquire all of the right, title, or
interest of the Chincoteague-Assateague Bridge and Beach Authority, a
political subdivision of the State of Virginia, in the bridge
constructed by such authority across the Assateague Channel, together
with all lands or interests therein, roads, parking lots, buildings, or
other real or personal property of such authority, and to compensate the
authority in such amount as will permit it to meet its valid outstanding
obligations at the time of such acquisition. Payments by the Secretary
shall be on such terms and conditions as he shall consider to be in the
public interest. Any of the aforesaid property outside the boundaries
of the national seashore, upon acquisition by the Secretary, shall be
subject to his administration for purposes of the seashore.
(d) Owner's reservation of right of use and occupancy for residential
or hunting purposes for term of years; adjustment of compensation;
rules and regulations for appearance of buildings; ''improved
property'' defined
Owners of improved property acquired by the Secretary may reserve for
themselves and their successors or assigns a right of use and occupancy
of the improved property for noncommercial residential purposes or for
hunting purposes, as hereinafter provided, for a term that is not more
than twenty-five years. In such cases, the Secretary shall pay to the
owner of the property the fair market value thereof less the fair market
value of the right retained by such owner: Provided, That such use and
occupancy shall be subject to general rules and regulations established
by the Secretary with respect to the outward appearance of any buildings
on the lands involved. The term ''improved property'' as used in
sections 459f to 459f-11 of this title shall mean (1) any single-family
residence the construction of which was begun before January 1, 1964,
and such amount of land, not in excess of three acres, on which the
building is situated as the Secretary considers reasonably necessary to
the noncommercial residential use of the building, and (2) any property
fronting on the Chincoteague Bay or Sinepuxent Bay, including the
offshore bay islands adjacent thereto, that is used chiefly for hunting
and continues in such use: Provided, That the Secretary may exclude
from improved properties any marsh, beach, or waters, together with so
much of the land adjoining such marsh, beach, or waters as he deems
necessary for public use or public access thereto.
(Pub. L. 89-195, 2, Sept. 21, 1965, 79 Stat. 824; Pub. L. 101-512,
title I, Nov. 5, 1990, 104 Stat. 1924.)
1990 -- Subsecs. (a), (b). Pub. L. 101-512 substituted ''sixteen
acres'' for ''ten acres'' wherever appearing.
16 USC 459f-2. Compensation for bridge construction costs; acquisition
of land for park purposes
TITLE 16 -- CONSERVATION
(a) Bridge construction costs; compensation of State; limitation of
amount
If the bridge from Sandy Point to Assateague Island is operated by
the State of Maryland as a toll-free facility, the Secretary is
authorized and directed to compensate said State in the amount of
two-thirds of the cost of constructing the bridge, including the cost of
bridge approaches, engineering, and all other related costs, but the
total amount of such compensation shall be not more than $1,000,000;
and he is authorized to enter into agreements with the State of Maryland
relating to the use and management of the bridge.
(b) Acquisition or lease of Federal lands for State park purposes;
terms and conditions; reversion upon noncompliance; consideration for
lease; amount of payment for conveyance of title and improvements;
limitation of reimbursement for beach protection
The State of Maryland shall have the right to acquire or lease from
the United States such lands, or interests therein, on the island north
of the area now used as a State park as the State may from time to time
determine to be needed for State park purposes, and the Secretary is
authorized and directed to convey or lease such lands, or interests
therein, to the State for such purposes upon terms and conditions which
he deems will assure it public use in harmony with the purposes of
sections 459f to 459f-11 of this title. In the event any of such terms
and conditions are not complied with, all the property, or any portion
thereof, shall, at the option of the Secretary, revert to the United
States, in its then existing condition. Any lease hereunder shall be
for such consideration as the Secretary deems equitable; and any
conveyance of title to land hereunder may be made only upon payment by
the State of such amounts of money as were expended by the United States
to acquire such land, or interests therein, and upon payments of such
amounts as will reimburse the United States for the cost of any
improvements placed thereon by the United States, including the cost to
it of beach protection: Provided, That reimbursement for beach
protection shall not exceed 30 per centum, as determined by the
Secretary, of the total cost of the United States of such protection
work.
(Pub. L. 89-195, 3, Sept. 21, 1965, 79 Stat. 825.)
16 USC 459f-3. Establishment of Seashore; notice in Federal Register
TITLE 16 -- CONSERVATION
When the Secretary determines that land, water areas, or interests
therein within the area generally depicted on the map referred to in
section 459f of this title are owned or have been acquired by the United
States in sufficient quantities to provide an administrable unit, he
shall declare the establishment of the Assateague Island National
Seashore by publication of notice thereof in the Federal Register. Such
notice shall contain a refined description or map of the boundaries of
the seashore as the Secretary may find desirable, and the exterior
boundaries shall encompass an area as nearly as practicable identical to
the area described in section 459f of this title.
(Pub. L. 89-195, 4, Sept. 21, 1965, 79 Stat. 825.)
16 USC 459f-4. Hunting and fishing provisions
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting and fishing on land and waters
under his control within the seashore in accordance with the appropriate
State laws, to the extent applicable, except that the Secretary may
designate zones where, and establish periods when, no hunting or fishing
shall be permitted for reasons of public safety, administration, fish or
wildlife management or public use and enjoyment: Provided, That nothing
in sections 459f to 459f-11 of this title, shall limit or interfere with
the authority of the States to permit or to regulate shellfishing in any
waters included in the national seashore: Provided further, That
nothing in said sections shall add to or limit the authority of the
Federal Government in its administration of Federal laws regulating
migratory waterfowl. Except in emergencies, any regulations of the
Secretary pursuant to this section shall be put into effect only after
consultation with the appropriate State agency responsible for hunting
and fishing activities. The provisions of this section shall not apply
to the Chincoteague National Wildlife Refuge.
(Pub. L. 89-195, 5, Sept. 21, 1965, 79 Stat. 826.)
16 USC 459f-5. Administration of Seashore
TITLE 16 -- CONSERVATION
(a) Public outdoor recreation and enjoyment; utilization of other
authorities
Except as provided in subsection (b) of this section, the Secretary
shall administer the Assateague Island National Seashore for general
purposes of public outdoor recreation, including conservation of natural
features contributing to public enjoyment. In the administration of the
seashore and the administrative site the Secretary may utilize such
statutory authorities relating to areas administered and supervised by
the Secretary through the National Park Service and such statutory
authority otherwise available to him for the conservation and management
of natural resources as he deems appropriate to carry out the purposes
of sections 459f to 459f-11 of this title.
(b) Refuge land and waters; application of national wildlife refuge
provisions; public recreation uses in accordance with provisions for
national conservation recreational areas
Notwithstanding any other provision of sections 459f to 459f-11 of
this title, land and waters in the Chincoteague National Wildlife
Refuge, which are a part of the seashore, shall be administered for
refuge purposes under laws and regulations applicable to national
wildlife refuges, including administration for public recreation uses in
accordance with the provisions of the Act of September 28, 1962 (Public
law 87-714; 76 Stat. 653) (16 U.S.C. 460k et seq.).
(Pub. L. 89-195, 6, Sept. 21, 1965, 79 Stat. 826.)
Act of September 28, 1962, referred to in subsec. (b), popularly
known as the Refuge Recreation Act, is classified generally to
subchapter LXVIII ( 460k et seq.) of this chapter.
16 USC 459f-6. Repealed. Pub. L. 94-578, title III, 301, Oct. 21, 1976,
90 Stat. 2733
TITLE 16 -- CONSERVATION
Section, Pub. L. 89-195, 7, Sept. 21, 1965, 79 Stat. 826, made
provision for the construction of overnight and other public
accommodation facilities, land selection and land fill, concession
facilities, and the promulgation of rules and regulations covering those
areas by the Secretary of the Interior. See section 459f-11 of this
title.
16 USC 459f-7. Beach erosion control and hurricane protection
TITLE 16 -- CONSERVATION
The Secretary of the Interior and the Secretary of the Army shall
cooperate in the study and formulation of plans for beach erosion
control and hurricane protection of the seashore; and any such
protective works that are undertaken by the Chief of Engineers,
Department of the Army, shall be carried out in accordance with a plan
that is acceptable to the Secretary of the Interior and is consistent
with the purposes of sections 459f to 459f-11 of this title.
(Pub. L. 89-195, 8, Sept. 21, 1965, 79 Stat. 827.)
16 USC 459f-8. Repealed. Pub. L. 94-578, title III, 301, Oct. 21, 1976,
90 Stat. 2733
TITLE 16 -- CONSERVATION
Section, Pub. L. 89-195, 9, Sept. 21, 1965, 79 Stat. 827,
authorized and directed the Secretary of the Interior to construct and
maintain a road from the Chincoteague-Assateague Island Bridge to an
area in the wildlife refuge that he deemed appropriate for recreation
purposes and to acquire the necessary lands and rights-of-way for a road
from the Chincoteague-Assateague Island Bridge to the Sandy
Point-Assateague Bridge. See section 459f-11 of this title.
16 USC 459f-9. Public utility facilities; purchase of facilities
without value to utility; amount of payment
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to purchase from a public
utility any facilities of that utility which are no longer of value to
it as a result of the establishment of the Assateague Island National
Seashore and shall pay for such facilities in amount equal to the cost
of constructing such facilities less depreciation.
(Pub. L. 89-195, 10, Sept. 21, 1965, 79 Stat. 827.)
16 USC 459f-10. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated the sum of not more
than $22,400,000 (including such sums, together with interest, as may be
necessary to satisfy final judgments rendered against the United States)
for the acquisition of lands and interests in land and such sums as may
be necessary for the development of the area authorized under sections
459f to 459f-11 of this title.
(Pub. L. 89-195, 11, Sept. 21, 1965, 79 Stat. 827; Pub. L. 92-272,
title I, 101(1), Apr. 11, 1972, 86 Stat. 120; Pub. L. 94-578, title I,
101(2), Oct. 21, 1976, 90 Stat. 2732.)
1976 -- Pub. L. 94-578 substituted ''$22,400,000'' for
''$21,050,000''.
1972 -- Pub. L. 92-272 substituted ''$21,050,000 (including such
sums, together with interest, as may be necessary to satisfy final
judgments rendered against the United States)'' for ''$16,250,000''.
16 USC 459f-11. Comprehensive plan for protection, management, and use
of seashore
TITLE 16 -- CONSERVATION
(a) Contents; transmittal to Congressional committees
Within two years of October 21, 1976, the Secretary shall develop and
transmit to the Committees on Interior and Insular Affairs of the Senate
and the House of Representatives a comprehensive plan for the
protection, management, and use of the seashore, to include but not be
limited to the following considerations:
(1) measures for the full protection and management of the natural
resources and natural ecosystems of the seashore;
(2) present and proposed uses of the seashore and the lands and
waters adjacent or related thereto, the uses of which would reasonably
be expected to influence the administration, use, and environmental
quality of the seashore;
(3) plans for the development of facilities necessary and appropriate
for visitor use and enjoyment of the seashore, with identification of
resource and user carrying capacities, along with the anticipated costs
for all proposed development;
(4) plans for visitor transportation systems integrated and
coordinated with lands and facilities adjacent to, but outside of, the
seashore; and
(5) plans for fostering the development of cooperative agreements and
land and resource use patterns outside the seashore which would be
compatible with the protection and management of the seashore.
(b) Consultation by other Federal agencies with Secretary
Notwithstanding any other provision of law, no Federal loan, grant,
license, or other form of assistance for any project which, in the
opinion of the Secretary would significantly adversely affect the
administration, use, and environmental quality of the seashore shall be
made, issued, or approved by the head of any Federal agency without
first consulting with the Secretary to determine whether or not such
project is consistent with the plan developed pursuant to this section
and allowing him at least thirty days to comment in writing on such
proposed action.
(Pub. L. 89-195, 12, as added Pub. L. 94-578, title III, 301, Oct.
21, 1976, 90 Stat. 2733.)
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
16 USC 459g. Cape Lookout National Seashore; purposes; authorization
for establishment; description of area
TITLE 16 -- CONSERVATION
In order to preserve for public use and enjoyment an area in the
State of North Carolina possessing outstanding natural and recreational
values, there is hereby authorized to be established the Cape Lookout
National Seashore (hereinafter referred to as ''seashore''), which shall
comprise the lands and adjoining marshlands and waters on the outer
banks of Carteret County, North Carolina, between Ocracoke Inlet and
Beaufort Inlet, as generally depicted on the map entitled ''Boundary
Map, Cape Lookout National Seashore'', dated March 1974, and numbered
623-20,009, which is on file in the Office of the National Park Service,
Department of the Interior.
(Pub. L. 89-366, 1, Mar. 10, 1966, 80 Stat. 33; Pub. L. 93-477,
title IV, 406(1), Oct. 26, 1974, 88 Stat. 1448.)
1974 -- Pub. L. 93-477 substituted '''Boundary Map, Cape Lookout
National Seashore', dated March 1974, and numbered 623-20,009'' for
'''Proposed Boundaries -- Proposed Cape Lookout National Seashore',
dated April 1964, and numbered NS-CL-7101-B'', and struck out proviso
relating to certain property not to be included in seashore.
16 USC 459g-1. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Transfer from Federal agency to administrative jurisdiction of
Secretary; non-Federal lands
Notwithstanding any other provision of law, Federal property located
within the boundaries of the Cape Lookout National Seashore may, with
the concurrence of the agency having custody thereof, be transferred to
the administrative jurisdiction of the Secretary of the Interior for the
purposes of the seashore. Such transfer shall be made without transfer
of funds. Lands owned by the State of North Carolina or any political
subdivision thereof may be acquired only by donation, but the Secretary
may, subject to the provisions of section 459g-6 of this title, acquire
any other non-Federal lands, marshlands, waters, or interests therein
which are located within the boundaries of the seashore by donation,
purchase with donated or appropriated funds, or exchange.
Notwithstanding any other provision of law, the Secretary may accept any
lands donated by the State of North Carolina subject to a provision for
reversion to the State conditioned upon continued use of the property
for national seashore purposes. Land donated by the State of North
Carolina pursuant to this subsection shall constitute consideration for
the transfer by the United States of 1.5 acres of land that is to be
used as a site for a public health facility in the village of Hatteras,
Dare County, North Carolina.
(b) Exchange of property; cash equalization payments
When acquiring lands by exchange, the Secretary may accept title to
any non-Federal property within the boundaries of the seashore and
convey to the grantor of such property any federally owned property in
the State of North Carolina under his jurisdiction which he classifies
as proper for exchange or other disposition. Failing to effectuate an
exchange of properties of approximately equal fair market value, the
Secretary may accept cash from or pay cash to the grantor in such an
exchange in order to equalize the values of the properties exchanged.
(c) Owner's reservation of right of use and occupancy for residential
purposes for life or fixed term of years; exclusion of property
necessary for public use and access; election of term
Any person who on January 1, 1966, owned property which on July 1,
1963, was developed and used for noncommercial residential purposes may
reserve for himself and his assigns, as a condition to the purchase or
acquisition by exchange of such property by the Secretary, a right of
use and occupancy of the residence and not in excess of three acres of
land on which the residence is situated, for noncommercial residential
purposes for a term ending at the death of the owner, or the death of
his spouse, or the death of either of them, or, in lieu thereof, for a
definite term not to exceed twenty-five years: Provided, That the
Secretary may exclude from such reserved property any marsh, beach, or
waters, together with so much of the land adjoining such marsh, beach,
or waters as he deems necessary for public access thereto. The owner
shall elect the term of the right to be reserved. The Secretary is
authorized to accept donations of property for purposes of the seashore
in which a right of use and occupancy for noncommercial residential
purposes is reserved for the period stated in this subsection if the
land on which the residence is situated and to which the right attaches
is not in excess of three acres and there is excluded from the reserved
property such marsh, beach, or waters and adjoining land as the
Secretary deems necessary for public use and access thereto.
(d) Termination of use and occupancy inconsistent with statutory
purposes and upon tender of sum for unexpired right
A right of use and occupancy reserved in lands that are donated or
otherwise acquired pursuant to this section shall be subject to
termination by the Secretary upon his determination that such use and
occupancy is being exercised in a manner not consistent with the
purposes of sections 459g to 459g-7 of this title and upon tender to the
holder of the right of an amount equal to the fair market value of that
portion of the right which remains unexpired on the date of termination.
(e) Administrative site; landing dock and related approach or access
facilities
The Secretary of the Interior is authorized to purchase with donated
or appropriated funds, or acquire by exchange, not to exceed one hundred
acres of lands or interests in lands at or near Beaufort, North
Carolina, as an administrative site, and for a landing dock and related
facilities that may be used to provide a suitable approach or access to
the seashore.
(Pub. L. 89-366, 2, Mar. 10, 1966, 80 Stat. 34; Pub. L. 93-477,
title IV, 406(2), Oct. 26, 1974, 88 Stat. 1448.)
1974 -- Subsec. (a). Pub. L. 93-477 substituted provisions relating
to acquisition by donation of lands owned by the State of North Carolina
and acquisition by donation, purchase or exchange of non-Federal lands,
marshlands, etc., and acceptance of lands donated by North Carolina, for
provisions relating to acquisition of non-Federal lands, marshlands,
etc., by donation only and acquisition by exchange lands comprising the
Shackleford Banks.
16 USC 459g-2. Establishment; notice in Federal Register; copies to
Congress
TITLE 16 -- CONSERVATION
When title to lands and interests in lands in an amount sufficient to
constitute an efficiently administerable unit for the purposes of
sections 459g to 459g-7 of this title is vested in the United States,
the Secretary shall declare the establishment of the seashore by
publication of notice thereof in the Federal Register. Such notice
shall contain a refined description or map of the boundaries of the
seashore as the Secretary may find desirable and such exterior
boundaries shall encompass, as nearly as possible, the area generally
described in section 459g of this title. Copies of said description or
map shall be furnished to the Speaker of the House and the President of
the Senate not less than thirty days prior to publication in the Federal
Register. Following such establishment, and subject to the limitations
and conditions prescribed in sections 459g to 459g-7 of this title, the
Secretary may, subject to the provisions of section 459g-1 of this
title, acquire the remainder of the lands and interests in lands within
the boundaries of the seashore.
(Pub. L. 89-366, 3, Mar. 10, 1966, 80 Stat. 35; Pub. L. 93-477,
title IV, 406(3), Oct. 26, 1974, 88 Stat. 1448.)
1974 -- Pub. L. 93-477 substituted ''in an amount sufficient to
constitute an efficiently administerable unit for the purposes of
sections 459g to 459g-7 of this title'' for ''which under section
459g-1(a) of this title may be acquired for the purposes of the seashore
by donation only'', and ''establishment of the seashore by publication''
for ''establishment of the Cape Lookout National Seashore by
publication''.
16 USC 459g-3. Hunting and fishing provisions
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting and fishing, including
shellfishing, on lands, marshlands, and waters under his jurisdiction
within the Cape Lookout National Seashore in accordance with the laws of
the State of North Carolina and the United States, to the extent
applicable, except that the Secretary may designate zones where, and
establish periods when, no hunting or fishing shall be permitted for
reasons of public safety, administration, fish or wildlife management,
or public use and enjoyment. Except in emergencies, any rules and
regulations of the Secretary pursuant to this section shall be put into
effect only after consultation with the North Carolina Wildlife
Resources Commission and the North Carolina Department of Conservation
and Development.
(Pub. L. 89-366, 4, Mar. 10, 1966, 80 Stat. 35.)
16 USC 459g-4. Administration; public outdoor recreation and
enjoyment; utilization of authorities for conservation and development
of natural resources
TITLE 16 -- CONSERVATION
The Secretary shall administer the Cape Lookout National Seashore for
the general purposes of public outdoor recreation, including
conservation of natural features contributing to public enjoyment. In
the administration of the seashore and the administrative site, the
Secretary may utilize such statutory authorities relating to areas
administered and supervised by the Secretary through the National Park
Service and such statutory authorities otherwise available to him for
the conservation and management of natural resources as he deems
appropriate to carry out the purposes of sections 459g to 459g-7 of this
title.
(Pub. L. 89-366, 5, Mar. 10, 1966, 80 Stat. 35.)
16 USC 459g-5. Shore erosion control or beach protection measures
TITLE 16 -- CONSERVATION
The authority of the Chief of Engineers, Department of the Army, to
undertake or contribute to shore erosion control or beach protection
measures within the Cape Lookout National Seashore shall be exercised in
accordance with a plan that is mutually acceptable to the Secretary of
the Interior and the Secretary of the Army, and that is consistent with
the purposes of sections 459g to 459g-7 of this title.
(Pub. L. 89-366, 6, Mar. 10, 1966, 80 Stat. 35.)
16 USC 459g-6. Preservation and designation as wilderness; review of
area by Secretary; report to President
TITLE 16 -- CONSERVATION
On or before January 1, 1978, the Secretary shall review the area
within the seashore and shall report to the President, in accordance
with section 1132(c) and (d) of this title, his recommendations as to
the suitability or nonsuitability of any area within the seashore for
preservation as wilderness, and any designation of any such areas as a
wilderness shall be accomplished in accordance with section 1132(c) and
(d) of this title.
(Pub. L. 89-366, 7, Mar. 10, 1966, 80 Stat. 35; Pub. L. 93-477,
title IV, 406(4), Oct. 26, 1974, 88 Stat. 1449.)
1974 -- Pub. L. 93-477 substituted provisions authorizing review of
area and report to the President by the Secretary with regard to
suitability of area for preservation as wilderness for provisions
authorizing appropriations.
16 USC 459g-7. Authorization of appropriations; master plan to
Congressional committees; time; contents
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of sections 459g to 459g-7 of this
title, not to exceed $13,903,000 for acquisition of lands and interests
therein, of which no more than $1,000,000 may be expended for
acquisition of lands owned by Core Banks Club Properties, Incorporated.
For development of essential public facilities there are authorized to
be appropriated not more than $2,935,000. On or before January 1, 1978,
the Secretary shall develop and transmit to the Committees on Interior
and Insular Affairs of the United States Congress a final master plan
for the full development of the seashore consistent with the
preservation objectives of sections 459g to 459g-7 of this title,
indicating --
(1) the facilities needed to accommodate the health, safety and
recreation needs of the visiting public;
(2) the location and estimated cost of all facilities; and
(3) the projected need for any additional facilities within the
seashore.
(Pub. L. 89-366, 8, as added Pub. L. 93-477, title IV, 406(5), Oct.
26, 1974, 88 Stat. 1449, and amended Pub. L. 98-141, 4, Oct. 31, 1983,
97 Stat. 909.)
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
1983 -- Pub. L. 98-141 substituted ''$13,903,000'' for
''$7,903,000''.
16 USC 459h. Gulf Islands National Seashore; purposes; authorization
for establishment; boundaries
TITLE 16 -- CONSERVATION
In order to preserve for public use and enjoyment certain areas
possessing outstanding natural, historic, and recreational values, the
Secretary of the Interior (hereinafter referred to as the ''Secretary'')
may establish and administer the Gulf Islands National Seashore
(hereinafter referred to as the ''seashore''). The seashore shall
comprise the following gulf coast islands and mainland areas, together
with adjacent water areas as generally depicted on the drawing entitled
''Proposed Boundary Plan, Proposed Gulf Islands National Seashore,''
numbered NS-GI-7100J, and dated December 1970:
(1) Ship, Petit Bois, and Horn Islands in Mississippi;
(2) the eastern portion of Perdido Key in Florida;
(3) Santa Rosa Island in Florida;
(4) the Naval Live Oaks Reservation in Florida;
(5) Fort Pickens and the Fort Pickens State Park in Florida; and
(6) a tract of land in the Pensacola Naval Air Station in Florida
that includes the Coast Guard Station and Lighthouse, Fort San Carlos,
Fort Barrancas, and Fort Redoubt and sufficient surrounding land for
proper administration and protection of the historic resources.
(Pub. L. 91-660, 1, Jan. 8, 1971, 84 Stat. 1967.)
16 USC 459h-1. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; concurrence of State owner;
administrative site and related facilities; transfer from Federal
agency to administrative jurisdiction of Secretary
Within the boundaries of the seashore, the Secretary may acquire
lands, waters, and interests therein by donation, purchase with donated
or appropriated funds, or exchange, except that property owned by a
State or any political subdivision thereof may be acquired only with the
consent of the owner. The Secretary may acquire by any of the above
methods not more than four hundred acres of land or interests therein
outside of the seashore boundaries on the mainland in the vicinity of
Biloxi-Gulfport, Mississippi, for an administrative site and related
facilities for access to the seashore. With the concurrence of the
agency having custody thereof, any Federal property within the seashore
and mainland site may be transferred without consideration to the
administrative jurisdiction of the Secretary for the purposes of the
seashore.
(b) Improved residential property owner's reservation of right of use
and occupancy for residential purposes for life or fixed term of years;
election by owner; transfer or assignment of right; adjustment of
compensation
With respect to improved residential property acquired for the
purposes of sections 459h to 459h-10 of this title, which is
beneficially owned by a natural person and which the Secretary of the
Interior determines can be continued in that use for a limited period of
time without undue interference with the administration, development, or
public use of the seashore, the owner thereof may on the date of its
acquisition by the Secretary retain a right of use and occupancy of the
property for noncommercial residential purposes for a term, as the owner
may elect, ending either (1) at the death of the owner or his spouse,
whichever occurs later, or (2) not more than twenty-five years from the
date of acquisition. Any right so retained may during its existence be
transferred or assigned. The Secretary shall pay to the owner the fair
market value of the property on the date of such acquisition, less their
fair market value on such date of the right retained by the owner.
(c) ''Improved residential property'' defined
As used in sections 459h to 459h-10 of this title, ''improved
residential property'' means a single-family year-round dwelling, the
construction of which began before January 1, 1967, and which serves as
the owner's permanent place of abode at the time of its acquisition by
the United States, together with not more than three acres of land on
which the dwelling and appurtenant buildings are located that the
Secretary finds is reasonably necessary for the owner's continued use
and occupancy of the dwelling: Provided, That the Secretary may exclude
from improved residential property any marsh, beach, or waters and
adjoining land that the Secretary deems is necessary for public access
to such marsh, beach, or waters.
(d) Termination of use and occupancy inconsistent with statutory
purposes and upon tender of sum for unexpired right
The Secretary may terminate a right of use and occupancy retained
pursuant to this section upon his determination that such use and
occupancy is being exercised in a manner not consistent with the
purposes of sections 459h to 459h-10 of this title, and upon tender to
the holder of the right an amount equal to the fair market value of that
portion of the right which remains unexpired on the date of termination.
(Pub. L. 91-660, 2, Jan. 8, 1971, 84 Stat. 1967; Pub. L. 92-275, 1(
1), Apr. 20, 1972, 86 Stat. 123.)
1972 -- Subsec. (a). Pub. L. 92-275 increased amount of property
authorized to be acquired from one hundred thirty-five to four hundred
acres.
16 USC 459h-2. Designation by Secretary of hunting and fishing zones;
consultation with appropriate State agencies
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting and fishing on lands and waters
within the seashore in accordance with applicable Federal and States
laws: Provided, That he may designate zones where, and establish
periods when, no hunting or fishing will be permitted for reasons of
public safety, administration, fish or wildlife management, or public
use and enjoyment. Except in emergencies, any regulations issued by the
Secretary pursuant to this section shall be put into effect only after
consultation with the appropriate State agencies responsible for hunting
and fishing activities.
(Pub. L. 91-660, 3, Jan. 8, 1971, 84 Stat. 1968.)
16 USC 459h-3. Rights-of-way or easements for transportation of oil and
gas minerals
TITLE 16 -- CONSERVATION
Any acquisition of lands, waters, or interests therein shall not
diminish any existing rights-of-way or easements which are necessary for
the transportation of oil and gas minerals through the seashore which
oil and gas minerals are removed from outside the boundaries thereof;
and, the Secretary, subject to appropriate regulations for the
protection of the natural and recreational values for which the seashore
is established, shall permit such additional rights-of-way or easements
as he deems necessary and proper.
(Pub. L. 91-660, 4, Jan. 8, 1971, 84 Stat. 1968.)
16 USC 459h-4. Administration of seashore; conservation and management
of wildlife and natural resources; authority to designate areas as
national historic sites
TITLE 16 -- CONSERVATION
Except as otherwise provided in sections 459h to 459h-10 of this
title, the Secretary shall administer the seashore in accordance with
sections 1 and 2 to 4 of this title, as amended and supplemented. In
the administration of the seashore the Secretary may utilize such
statutory authorities available to him for the conservation and
management of wildlife natural resources as he deems appropriate to
carry out the purposes of sections 459h to 459h-10 of this title. With
respect to Fort Redoubt, Fort San Carlos, Fort Barrancas at Pensacola
Naval Air Station, Fort Pickens on Santa Rosa Island, and Fort McRee on
Perdido Key, Florida, and Fort Massachusetts on Ship Island,
Mississippi, together with such adjacent lands as the Secretary may
designate, the Secretary shall administer such lands so as to recognize,
preserve, and interpret their national historical significance in
accordance with sections 461 to 467 of this title, and he may designate
them as national historic sites.
(Pub. L. 91-660, 5, Jan. 8, 1971, 84 Stat. 1968.)
16 USC 459h-5. Beach erosion control and hurricane protection; study
and formulation of plans; activities by Chief of Engineers, Department
of Army
TITLE 16 -- CONSERVATION
The Secretary of the Interior and the Secretary of the Army may
cooperate in the study and formulation of plans for beach erosion
control and hurricane protection of the seashore. Any such protective
works or spoil deposit activities undertaken by the Chief of Engineers,
Department of the Army, shall be carried out within the seashore in
accordance with a plan that is acceptable to the Secretary of the
Interior and that is consistent with the purposes of sections 459h to
459h-10 of this title.
(Pub. L. 91-660, 6, Jan. 8, 1971, 84 Stat. 1969.)
16 USC 459h-6. Transfer of Horn Island and Petit Bois National Wildlife
Refuges from National Wildlife Refuge System; administration
TITLE 16 -- CONSERVATION
There are hereby transferred from the National Wildlife Refuge System
to the seashore the Horn Island and Petit Bois National Wildlife Refuges
to be administered in accordance with the provisions of sections 459h to
459h-10 of this title.
(Pub. L. 91-660, 7, Jan. 8, 1971, 84 Stat. 1969.)
16 USC 459h-7. Preservation of any area as wilderness; study and
report to President; procedure for designation of any area as a
wilderness
TITLE 16 -- CONSERVATION
Within four years from January 8, 1971, the Secretary of the Interior
shall review the area within the Gulf Islands National Seashore and
shall report to the President, in accordance with subsections (c) and
(d) of section 1132 of this title, and recommend as to the suitability
or nonsuitability of any area within the seashore for preservation as
wilderness, and any designation of any such area as a wilderness shall
be accomplished in accordance with said subsections.
(Pub. L. 91-660, 8, Jan. 8, 1971, 84 Stat. 1969.)
16 USC 459h-8. Authority of Department of Army or Chief of Engineers
over navigation or related matters
TITLE 16 -- CONSERVATION
No provision of sections 459h to 459h-10 of this title, or of any
other Act made applicable thereby, shall be construed to affect,
supersede, or modify any authority of the Department of the Army or the
Chief of Engineers, with respect to navigation or related matters except
as specifically provided in section 459h-5 of this title.
(Pub. L. 91-660, 9, Jan. 8, 1971, 84 Stat. 1969.)
16 USC 459h-9. Gulf Islands National Seashore Advisory Commission;
establishment; termination; membership; term; Chairman;
compensation and payment of expenses; consultation by Secretary
TITLE 16 -- CONSERVATION
There is hereby established a Gulf Islands National Seashore Advisory
Commission. The Commission shall terminate ten years after the date the
seashore is established pursuant to sections 459h to 459h-10 of this
title. The Commission shall be composed of three members from each
county in which the seashore is located, each appointed for a term of
two years by the Secretary as follows:
(1) one member to be appointed from recommendations made by the
county commissioners in the respective counties;
(2) one member to be appointed from recommendations made by the
Governor of the State from each county; and
(3) one member to be designated by the Secretary from each county.
Provided, That two members shall be appointed to the Advisory
Commission in each instance in counties whose population exceeds one
hundred thousand.
The Secretary shall designate one member to be Chairman. Any vacancy
in the Commission shall be filled in the same manner in which the
original appointment was made.
Members of the Commission shall serve without compensation as such.
The Secretary is authorized to pay the expenses reasonably incurred by
the Commission in carrying out its responsibilities under sections 459h
to 459h-10 of this title on vouchers signed by the Chairman.
The Secretary or his designee shall, from time to time, consult with
the Commission with respect to the matters relating to the development
of the Gulf Islands National Seashore.
(Pub. L. 91-660, 10, Jan. 8, 1971, 84 Stat. 1969.)
Advisory commissions in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a commission established by the President or an
officer of the Federal Government, such commission is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a commission established by the Congress, its duration is
otherwise provided by law. See sections 3(2) and 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.
16 USC 459h-10. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated not more than $22,162,000 for
the acquisition of lands and interests in lands and not more than
$24,224,000 for development.
(Pub. L. 91-660, 11, Jan. 8, 1971, 84 Stat. 1970; Pub. L. 92-275,
1(2), Apr. 20, 1972, 86 Stat. 123; Pub. L. 94-578, title I, 101(6),
Oct. 21, 1976, 90 Stat. 2732; Pub. L. 95-625, title I, 101(13), Nov.
10, 1978, 92 Stat. 3471.)
1978 -- Pub. L. 95-625 substituted ''$24,224,000 for development.''
for ''$17,774,000 (June 1970 prices) for development, plus or minus such
amounts, if any, as may be justified by reason of ordinary fluctuations
in construction costs as indicated by engineering cost indices
applicable to the types of construction involved herein.''
1976 -- Pub. L. 94-578 substituted ''$22,162,000'' for
''$3,462,000''.
1972 -- Pub. L. 92-275 increased appropriations authorization for
lands and land interests from $3,120,000 to $3,462,000 and for
development from $14,779,000 (1970 prices) to $17,774,000 (June 1970
prices).
16 USC 459i. Cumberland Island National Seashore; establishment;
boundary revisions: notification of Congressional committees,
publication in Federal Register
TITLE 16 -- CONSERVATION
In order to provide for public outdoor recreation use and enjoyment
of certain significant shoreline lands and waters of the United States,
and to preserve related scenic, scientific and historical values, there
is established in the State of Georgia the Cumberland Island National
Seashore (hereinafter referred to as the ''seashore'') consisting of the
area generally depicted on the drawing entitled ''Boundary Map,
Cumberland Island National Seashore'', numbered CUIS 40,000E, and dated
January 1978, which shall be on file and available for public inspection
in the offices of the National Park Service, Department of the Interior.
The Secretary of the Interior (hereinafter referred to as the
''Secretary'') may after notifying the Committees on Interior and
Insular Affairs of the United States House of Representatives and United
States Senate in writing, make minor adjustments in the boundary of the
seashore from time to time by publication of a revised drawing or other
boundary description in the Federal Register, but the total acreage
within the boundaries shall not exceed forty thousand five hundred
acres.
(Pub. L. 92-536, 1, Oct. 23, 1972, 86 Stat. 1066; Pub. L. 95-625,
title III, 323, Nov. 10, 1978, 92 Stat. 3489; Pub. L. 98-170, Nov. 29,
1983, 97 Stat. 1116.)
1983 -- Pub. L. 98-170 substituted ''CUIS 40,000E'' for ''CUIS
40,000D''.
1978 -- Pub. L. 95-625 substituted reference to Boundary Map
''numbered CUIS 40,000D, and dated January 1978'' for ''numbered CUIS --
40,000B, and dated June 1971''.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
16 USC 459i-1. Acquisition of lands; authority of Secretary; mainland
lands for access to seashore administrative and visitor facilities;
State lands; transfer from Federal agency to administrative
jurisdiction of Secretary
TITLE 16 -- CONSERVATION
Within the boundaries of the seashore, the Secretary may acquire
lands, waters, and interests therein by purchase, donation, transfer
from any Federal agency, or exchange. The Secretary may also acquire
not to exceed one hundred acres of lands or interests in lands on the
mainland to provide access to the administrative and visitor facilities
for the seashore. Any lands or interests therein owned by the State of
Georgia, or any political subdivision thereof may be acquired only by
donation. Notwithstanding any other provision of law, any Federal
property located within the boundaries of the seashore may, with the
concurrence of the agency having custody thereof, be transferred without
transfer of funds to the administrative jurisdiction of the Secretary
for the purposes of the seashore.
(Pub. L. 92-536, 2, Oct. 23, 1972, 86 Stat. 1066.)
16 USC 459i-2. Cumberland Island Parkway; right-of-way;
administration; regulations
TITLE 16 -- CONSERVATION
For the purpose of providing access from Interstate 95 to the
mainland administrative and visitor facilities of the seashore, the
Secretary may designate as the Cumberland Island Parkway a right-of-way,
together with adjacent or related sites for public noncommercial
recreational use and for interpretation of scenic and historic values,
of not more than one thousand acres of lands, waters, and interests
therein. The Secretary is authorized to acquire only by donation those
lands and interests therein, and other property comprising such
right-of-way, and adjacent or related sites as he may designate pursuant
to sections 459i to 459i-9 of this title for the development, hereby
authorized, of a roadway of parkway standards, including necessary
bridges, spurs, connecting roads, access roads, and other facilities,
and for the development and interpretation of recreation areas and
historic sites in connection therewith. Lands acquired for the parkway
shall be administered as a part of the seashore, subject to all laws and
regulations applicable thereto, and subject to such special regulations
as the Secretary may promulgate for the parkway.
(Pub. L. 92-536, 3, Oct. 23, 1972, 86 Stat. 1066.)
16 USC 459i-3. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Private right of use and occupancy for residential purposes for
fixed term of years or for life; election by owner; exception of
property for visitor facilities or administration of seashore;
compensation; contemporaneous restriction on development of public use
facilities; lands, waters, and interests from National Park Foundation
With the exception of any property deemed necessary by the Secretary
for visitor facilities or administration of the seashore, any owner or
owners of improved property on the date of its acquisition by the
Secretary may, as a condition of such acquisition, retain for themselves
and their successors or assigns a right of use and occupancy of the
property for noncommercial residential purposes, for twenty-five years,
or, in lieu thereof, for a term ending at the death of the owner or his
spouse, whichever is later. The owner shall elect the term to be
reserved. The Secretary shall pay to the owner the fair market value of
the property on the date of such acquisition less the fair market value
on such date of the right retained by the owner: Provided, however,
That, in addition, for so long as a right of use and occupancy remains
in effect by the donors of land of one hundred acres or more, the
Secretary shall not, with respect to such lands, develop any public use
facilities except for trails, road access, and utilities: Provided
further, That when acquiring lands, waters, and interests therein from
the National Park Foundation, its successors and assigns, the Secretary
shall acquire such lands, waters, and interests subject to the written
terms and conditions contained in those transactions, including but not
limited to options, entered into by the National Park Foundation prior
to January 1, 1973, and that such previous written rights and interests
shall prevail over provisions of this subsection.
(b) Commercial use prohibition; termination of use and occupancy
upon tender of compensation
A right of use and occupancy retained or enjoyed pursuant to this
section may be terminated with respect to the entire property by the
Secretary upon his determination that the property or any portion
thereof has ceased to be used for noncommercial residential purposes and
upon tender to the holder of a right an amount equal to the fair market
value, as of the date of tender, of that portion of the right which
remains unexpired on the date of termination.
(c) ''Improved property'' defined
The term ''improved property'', as used in this section shall mean a
detached, noncommercial residential dwelling, the construction of which
was begun before February 1, 1970 (hereinafter referred to as
''dwelling''), together with so much of the land on which the dwelling
is situated, the said land being in the same ownership as the dwelling,
as the Secretary shall designate to be reasonably necessary for the
enjoyment of the dwelling for the sole purpose of noncommercial
residential use, together with any structures accessory to the dwelling
which are situated on the land so designated.
(d) Little Cumberland Island; acquisition restrictions
(1) In order to provide an opportunity for the establishment of a
natural and scenic preserve by voluntary private action of certain
owners of lands within the seashore, and notwithstanding anything to the
contrary herein contained, no lands or interests in lands shall be
acquired on Little Cumberland Island without the consent of the owner,
for a period of one year from October 23, 1972, except as specifically
otherwise provided herein.
(2) In the event that the owners of land on Little Cumberland Island
enter into an irrevocable trust or some other irrevocable agreement for
the preservation of the resources of Little Cumberland Island which, in
the judgment of the Secretary, assures the protection of the resources
in a manner consistent with the purposes for which the seashore is
established, the authority of the Secretary to acquire such lands shall
be suspended for such time as the trust is in effect and the lands are
used and occupied in accordance therewith.
(3) If, at any time during the one-year period following October 23,
1972, the Secretary determines that any lands on Little Cumberland
Island are threatened with development, or other uses, inconsistent with
the establishment or continuation of the trust herein referred to, then
the Secretary may acquire such lands, or interests therein, by any of
the methods provided for in section 459i-1 of this title.
(Pub. L. 92-536, 4, Oct. 23, 1972, 86 Stat. 1066.)
16 USC 459i-4. Hunting and fishing
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting, fishing, and trapping on lands
and waters under his jurisdiction within the boundaries of the seashore
in accordance with the appropriate laws of Georgia and the United States
to the extent applicable, except that he may designate zones where, and
establish periods when, no hunting, fishing, or trapping shall be
permitted for reasons of public safety, administration, fish and
wildlife management, or public use and enjoyment. Except in
emergencies, any regulations prescribing any such restrictions shall be
put into effect only after consultation with the appropriate State
agency responsible for hunting, fishing, and trapping activities.
(Pub. L. 92-536, 5, Oct. 23, 1972, 86 Stat. 1068.)
16 USC 459i-5. Administration, protection, and development
TITLE 16 -- CONSERVATION
(a) Applicability of provisions; utilization of statutory
authorities
The seashore shall be administered, protected, and developed in
accordance with the provisions of sections 1 and 2 to 4 of this title,
as amended and supplemented, except that any other statutory authority
available to the Secretary for the conservation and management of
natural resources may be utilized to the extent he finds such authority
will further the purposes of sections 459i to 459i-9 of this title.
(b) Preservation in primitive state; recreational activities
exception
Except for certain portions of the seashore deemed to be especially
adaptable for recreational uses, particularly swimming, boating,
fishing, hiking, horseback riding, and other recreational activities of
similar nature, which shall be developed for such uses as needed, the
seashore shall be permanently preserved in its primitive state, and no
development of the project or plan for the convenience of visitors shall
be undertaken which would be incompatible with the preservation of the
unique flora and fauna or the physiographic conditions not prevailing,
nor shall any road or causeway connecting Cumberland Island to the
mainland be constructed.
(Pub. L. 92-536, 6, Oct. 23, 1972, 86 Stat. 1068.)
16 USC 459i-6. State and local jurisdiction
TITLE 16 -- CONSERVATION
Nothing in sections 459i to 459i-9 of this title shall deprive the
State of Georgia or any political subdivision thereof of its civil or
criminal jurisdiction over persons found, acts performed, and offenses
committed within the boundaries of the seashore, or of its right to tax
persons, corporations, franchises, or other non-Federal property on
lands included therein.
(Pub. L. 92-536, 7, Oct. 23, 1972, 86 Stat. 1068.)
16 USC 459i-7. Water resource developments
TITLE 16 -- CONSERVATION
The authority of the Secretary of the Army to undertake or contribute
to water resource developments, including shore erosion control, beach
protection and navigation improvements on land and/or waters within the
Cumberland Island National Seashore shall be exercised in accordance
with plans which are mutually acceptable to the Secretary of the
Interior and the Secretary of the Army and which are consistent with
both the purpose of sections 459i to 459i-9 of this title and the
purpose of existing statutes dealing with water and related land
resource development.
(Pub. L. 92-536, 8, Oct. 23, 1972, 86 Stat. 1068.)
16 USC 459i-8. Report to President
TITLE 16 -- CONSERVATION
Within three years from October 23, 1972, the Secretary of the
Interior shall report to the President, in accordance with section
1132(c) and (d) of this title, his recommendations as to the suitability
or nonsuitability of any area within the national seashore for
preservation as wilderness, and any designation of any such area as a
wilderness shall be accomplished in accordance with said section 1132(c)
and (d) of this title.
(Pub. L. 92-536, 9, Oct. 23, 1972, 86 Stat. 1068.)
16 USC 459i-9. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated not to exceed $28,500,000 for
the acquisition of lands and interests in lands and not to exceed
$27,840,000 for development of the seashore.
(Pub. L. 92-536, 10, Oct. 23, 1972, 86 Stat. 1068; Pub. L. 95-625,
title II, 201(3), Nov. 10, 1978, 92 Stat. 3473.)
1978 -- Pub. L. 95-625 substituted ''$28,500,000'' for
''$10,500,000''.
16 USC 459j. Canaveral National Seashore; establishment; boundary;
boundary revisions; limitation on area
TITLE 16 -- CONSERVATION
In order to preserve and protect the outstanding natural, scenic,
scientific, ecologic and historic values of certain lands, shoreline,
and waters of the State of Florida, and to provide for public outdoor
recreation use and enjoyment of the same, there is hereby established
the Canaveral National Seashore (hereinafter referred to as the
''seashore''), as generally depicted on the map entitled ''Boundary Map,
Canaveral National Seashore'', dated August 1974 and numbered
NS-CAN-40,000A. Such seashore shall comprise approximately sixty-seven
thousand five hundred acres within the area more particularly described
by a line beginning at the intersection of State Highway 3 and State
Road 402, thence generally easterly following State Road 402 to a point
one-half mile offshore in the Atlantic Ocean, thence northwesterly along
a line which is at each point one-half mile distant from the high water
mark to Bethune Beach, thence inland in a generally westerly direction
through Turner Flats and Shipyard Canal, thence northwesterly to the
Intracoastal Waterway, thence southerly along the Intracoastal Waterway
to the boundary of the Kennedy Space Center, thence southwesterly to
United States Highway 1, thence southerly along State Highway 3 to the
point of beginning. The boundary map shall be on file and available for
public inspection in the offices of the United States Fish and Wildlife
Service and National Park Service, Department of the Interior,
Washington, District of Columbia. After advising the Committees on
Interior and Insular Affairs of the United States Congress, in writing,
at least sixty days prior to making any boundary revisions, the
Secretary may from time to time make minor revisions in the boundaries
of the seashore by publication of a revised map or other boundary
description in the Federal Register: Provided, That the total acreage
included within the boundaries shall not exceed that enumerated in this
section.
(Pub. L. 93-626, 1, Jan. 3, 1975, 88 Stat. 2121.)
16 USC 459j-1. Acquisition of property; donation and development of
State lands; transfer from Federal agency to administrative
jurisdiction of Secretary; written cooperative agreement with National
Aeronautics and Space Administration; construction and development;
report to Congressional committees
TITLE 16 -- CONSERVATION
Within the boundaries of the seashore, the Secretary may acquire
lands, waters, and interests therein by donation, purchase with donated
or appropriated funds, exchange, or transfer. Any property owned by the
State of Florida or any political subdivision thereof may be acquired
only by donation. It is the intent and purpose of sections 459j to
459j-8 of this title that the Secretary shall have sole authority to
develop and improve those State owned lands donated now and in the
future in accordance with the intent and purposes of sections 459j to
459j-8 of this title. Notwithstanding any other provision of law, any
federally owned property within the boundaries of the seashore may, with
the concurrence of the agency having custody thereof, be transferred
without consideration to the administrative jurisdiction of the
Secretary of the Interior and he may develop and administer such lands
in a manner consistent with the purposes of sections 459j to 459j-8 of
this title. In accepting lands transferred by the National Aeronautics
and Space Administration pursuant to sections 459j to 459j-8 of this
title the Secretary shall enter into a written cooperative agreement
with the Administrator to assure the use of such lands in a manner which
is deemed consistent with the public safety and with the needs of the
space and defense programs of the Nation: Provided, That no new
construction or development shall be permitted within the seashore,
except for the construction of such facilities as the Secretary deems
necessary for the health and safety of the visiting public or for the
proper administration of the seashore: Provided further, That after
January 3, 1975, the Secretary of the Interior, in cooperation with the
Administrator of the National Aeronautics and Space Administration,
shall submit to the Committees on Interior and Insular Affairs of the
Congress and to the Committee on Science and Astronautics of the House
of Representatives and to the Committee on Aeronautical and Space
Sciences of the Senate a report of all land transfers made by the
National Aeronautics and Space Administration to the Department of the
Interior under sections 459j to 459j-8 of this title.
(Pub. L. 93-626, 2, Jan. 3, 1975, 88 Stat. 2122.)
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
Committee on Science and Astronautics of the House of Representatives
abolished and replaced by Committee on Science and Technology of the
House of Representatives, effective Jan. 3, 1975. See House Resolution
988, 93rd Congress.
Committee on Aeronautical and Space Sciences of the Senate abolished
and majority of its jurisdiction transferred to Committee on Commerce,
Science, and Transportation of the Senate, effective Feb. 11, 1977. See
Rule XXV of Standing Rules of the Senate, as amended by Senate
Resolution 4 (popularly cited as the ''Committee System Reorganization
Amendments of 1977''), approved February 4, 1977.
Pub. L. 100-564, 1, 3, Oct. 31, 1988, 102 Stat. 2831, authorized
and directed the Secretary of the Interior to acquire certain lands
depicted on a map entitled ''Additions to Canaveral National Seashore'',
required the Secretary to file the map with certain Congressional
committees, and authorized appropriations necessary to carry out such
acquisitions.
16 USC 459j-2. Improved property
TITLE 16 -- CONSERVATION
(a) Owner's reservation of right of use and occupancy for residential
purposes for life or fixed term of years; exception of property for
visitor facilities, access to, or administration of seashore;
compensation
Except for property deemed necessary by the Secretary for visitor
facilities, or for access to or administration of the seashore, any
owner or owners of improved property on the date of its acquisition by
the Secretary may, as a condition of such acquisition, retain for
themselves and their successors or assigns a right of use and occupancy
of the improved property for noncommercial residential purposes for a
definite term not to exceed twenty-five years, or in lieu thereof, for a
term ending at the death of the owner, or the death of his spouse,
whichever is the later. The owner shall elect the term to be reserved.
Unless the property is wholly or partially donated to the United States,
the Secretary shall pay to the owner the fair market value of the
property on the date of such acquisition less the fair market value on
such date of the right retained by the owner.
(b) Termination of use and occupancy upon inconsistent use; tender
of compensation
The Secretary may terminate a right of use and occupancy retained
pursuant to this section upon his determination that such use and
occupancy is being exercised in a manner not consistent with the
purposes of sections 459j to 459j-8 of this title, and upon tender to
the holder of the right of an amount equal to the fair market value of
that portion of the right which remains unexpired on the date of
termination.
(c) ''Improved property'' defined
The term ''improved property'', as used in this section shall mean a
detached, noncommercial residential dwelling, the construction of which
was begun before January 1, 1971 (hereafter referred to as
''dwelling''), together with so much of the land on which the dwelling
is situated, the said land being in the same ownership as the dwelling,
as the Secretary shall designate to be reasonably necessary for the
enjoyment of the dwelling for the sole purpose of noncommercial
residential use, together with any structures, necessary to the dwelling
which are situated on the land so designated.
(d) Condemnation as means for acquiring clear and marketable title
Except as otherwise provided, the Secretary shall have the authority
to use condemnation as a means of acquiring a clear and marketable
title, free of any and all encumbrances.
(Pub. L. 93-626, 3, Jan. 3, 1975, 88 Stat. 2123.)
16 USC 459j-3. Designation of hunting, fishing and trapping zones;
regulations; consultation with appropriate State agencies
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting, fishing, and trapping on lands
and waters under his jurisdiction within the boundaries of the seashore
in accordance with the appropriate laws of the State of Florida and the
United States to the extent applicable, except that he may designate
zones where, and establish periods when, no hunting, fishing, or
trapping shall be permitted for reasons of public safety,
administration, fish and wildlife management, public use and enjoyment,
protection of the resource, or competing public use. Except in
emergencies, any regulations prescribing any such restrictions shall be
put into effect only after consultation with the appropriate State
agency responsible for hunting, fishing, and trapping activities.
(Pub. L. 93-626, 4, Jan. 3, 1975, 88 Stat. 2123.)
16 USC 459j-4. Administration, protection, and development
TITLE 16 -- CONSERVATION
(a) Conservation and management of natural resources
The seashore shall be administered, protected, and developed in
accordance with the provisions of sections 1 and 2 to 4 of this title,
as amended and supplemented, except that any other statutory authority
available to the Secretary for the conservation management of natural
resources may be utilized to the extent he finds such authority will
further the purposes of sections 459j to 459j-8 of this title.
(b) Administration of lands in Merritt Island National Wildlife
Refuge
Notwithstanding any other provisions of sections 459j to 459j-8 of
this title, lands and waters in the Merritt Island National Wildlife
Refuge as described in subsection (c)(2) of this section which are part
of the seashore shall be administered for refuge purposes through the
United States Fish and Wildlife Service pursuant to the National
Wildlife Refuge System Administration Act, as amended (80 Stat. 926; 16
U.S.C. 668dd-668ee), except that the Secretary may utilize such
additional authority as may be available to him for the conservation and
management of wildlife and natural resources, the development of outdoor
recreation opportunities, and interpretive education as he deems
appropriate, consistent with the preservation of natural and wildlife
values.
(c) Division of management authority between National Park Service
and United States Fish and Wildlife Service
The Secretary shall cause to be issued a well defined division of
management authority between the National Park Service and the United
States Fish and Wildlife Service. It is the intent and purpose of
sections 459j to 459j-8 of this title that such management authority,
generally, shall be as follows:
(1) The National Park Service shall administer those lands and waters
described as follows: beginning at the intersection of State Highway 3
and State Road 402; thence easterly along State Road 402 and continuing
easterly in a straight line to a point one-half mile offshore in the
Atlantic Ocean, following the southern boundary of the seashore created
in section 1; thence northwesterly along the boundary of the seashore
created in section 1, which line is at each point one-half mile distance
from the high water mark, to Bethune Beach; thence inland in a
generally, westerly direction through Turner Flats and Shipyard Canal;
thence northwesterly to the Intracoastal Waterway; thence southerly
along the Intracoastal Waterway to the boundary of the Kennedy Space
Center; then southwesterly to United States Highway 1; thence
southerly along State Highway 3 to the northern boundary of H. M. Gomez
Grant; thence easterly along the northern boundary of H. M. Gomez
Grant and continuing easterly in a straight line to a point of
intersection with the line between the marsh and the dunes; thence
southerly along the line between the marsh and the dunes to a point
approximately one-half mile north of the southern boundary of the
seashore created in section 1; thence westerly in a straight line to
connect with and to follow the Government Railroad to its intersection
with State Highway 3; thence southerly along State Highway 3 to the
point of beginning. The portion of land bounded by the northern
boundary of the H. M. Gomez Grant is hereby transferred to the
Secretary of the Interior and may be used for the purpose of
establishing such facilities as are needed for the administration of the
seashore, for the construction of the principal visitor center which
shall be designated as the ''Spessard L. Holland Visitor Center'', and
for a central access to the seashore: Provided, however, That the
Secretary of the Interior, upon the request of the Administrator of the
National Aeronautics and Space Administration, shall close this area or
any part thereof to the public when necessary for space operations. In
administering the shoreline and adjacent lands the Secretary shall
retain such lands in their natural and primitive condition, shall
prohibit vehicular traffic on the beach except for administrative
purposes, and shall develop only those facilities which he deems
essential for public health and safety.
(2) The United States Fish and Wildlife Service shall administer the
remaining lands described in section 459j of this title.
(Pub. L. 93-626, 5, Jan. 3, 1975, 88 Stat. 2123.)
The National Wildlife Refuge System Administration Act, as amended,
referred to in subsec. (b), consists of sections 4 and 5 of Pub. L.
89-669, Oct. 15, 1966, 80 Stat. 927, as amended, and is classified to
sections 668dd, 668ee of this title. For further details, see Short
Title note set out under section 668dd of this title.
16 USC 459j-5. Canaveral National Seashore Advisory Commission
TITLE 16 -- CONSERVATION
(a) Establishment; duties; termination; membership; term of
members; appointment; Chairman
There is hereby established the Canaveral National Seashore Advisory
Commission which shall consult and advise with the Secretary on all
matters of planning, development, and operation of the seashore and
shall provide such other advice and assistance as may be useful in
carrying out the purposes of sections 459j to 459j-8 of this title. The
Commission shall terminate ten years after the date the seashore is
established pursuant to sections 459j to 459j-8 of this title, unless
extended by the Congress. The Commission shall be composed of six
members who shall serve for terms of two years. Members shall be
appointed by the Secretary, one of whom he shall designate as Chairman,
in the following manner:
(1) one member from each county in which the seashore is located, to
be selected from recommendations made by the county commission in each
county;
(2) two members representing the State of Florida who shall be
selected from recommendations made by the Governor of Florida; and
(3) two members representing the general public: Provided, That one
member shall be appointed from each county in which the seashore is
located.
(b) Meetings; vacancies
After the Secretary designates the member to be Chairman, the
Commission may meet as often as necessary at the call of the Chairman or
of the Secretary, or upon petition of a majority of the members of the
Commission. Any vacancy in the Commission shall be filled in the same
manner as the original appointment was made.
(c) Compensation; payment of expenses upon vouchers
Members of the Commission shall serve without compensation, as such,
but the Secretary may pay, upon vouchers signed by the Chairman, the
expenses reasonably incurred by the Commission and its members in
carrying out their responsibilities under this section.
(Pub. L. 93-626, 6, Jan. 3, 1975, 88 Stat. 2124; Pub. L. 94-398,
Sept. 4, 1976, 90 Stat. 1204.)
1976 -- Subsec. (a). Pub. L. 94-398 substituted ''six members'' for
''five members'' in introductory provisions and substituted ''two'' for
''one'' and inserted requirement relating to residency of each member in
cl. (3).
16 USC 459j-6. Transfer of lands for use as administrative and visitor
facilities to Secretary of the Interior; use of portion of John F.
Kennedy Space Center; transfer of excess land within seashore to
Secretary of the Interior
TITLE 16 -- CONSERVATION
On January 3, 1975, those lands to be used for the administrative and
visitor facilities described in section 459j-4(c)(1) of this title shall
be transferred by sections 459j to 459j-8 of this title to the Secretary
of the Interior and those portions of the John F. Kennedy Space Center
falling within the boundaries of the seashore as defined in section 459j
of this title shall become a part of the seashore, and within ninety
days thereafter, the administrator, National Aeronautics and Space
Administration, shall grant to the Secretary for carrying out the intent
and purpose of sections 459j to 459j-8 of this title such use of said
portions as the Administrator determines is not inconsistent with public
safety and the needs of the space and defense programs of the Nation.
Notwithstanding any other provision of law, any lands within the
seashore which the Administrator determines to be excess to the needs of
such agency shall be transferred to the Secretary of the Interior for
administration in accordance with the provisions of sections 459j to
459j-8 of this title: Provided, That any portions of the John F.
Kennedy Space Center within the seashore not transferred to the
Secretary shall remain under the control and jurisdiction of the
Administrator.
(Pub. L. 93-626, 7, Jan. 3, 1975, 88 Stat. 2125.)
16 USC 459j-7. Report to President
TITLE 16 -- CONSERVATION
Within three years from January 3, 1975, the Secretary shall review
the area within the seashore and shall report to the President, in
accordance with section 1132(c) and (d) of this title, his
recommendations as to the suitability or nonsuitability of any area
within the seashore for preservation as wilderness, and any designation
of any such areas as a wilderness shall be accomplished in accordance
with section 1132(c) and (d) of this title.
(Pub. L. 93-626, 8, Jan. 3, 1975, 88 Stat. 2125.)
16 USC 459j-8. Authorization of appropriations; reports to
Congressional committees
TITLE 16 -- CONSERVATION
(a) Acquisition of lands and interests in lands
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of sections 459j to 459j-8 of this
title, but not more than $7,941,000 for the acquisition of lands and
interests in lands. In order to avoid excessive costs resulting from
delays in the acquisition program, the Secretary shall make every
reasonable effort to promptly acquire the privately owned lands within
the seashore. Until all such lands are acquired, he shall report, in
writing on June 30 of each year to the Committees on Interior and
Insular Affairs of the United States Congress, the following
information:
(1) the amount of land acquired during the current fiscal year and
the amount expended therefor;
(2) the amount of land remaining to be acquired; and
(3) the amount of land programed for acquisition in the ensuing
fiscal year and the estimated cost thereof.
(b) Development of essential public facilities
For the development of essential public facilities there are
authorized to be appropriated $2.6 million in addition to the sums
previously appropriated. Within three years from January 3, 1975, the
Secretary shall develop and transmit to the Committees on Interior and
Insular Affairs of the United States Congress a final master plan for
the full development of the seashore consistent with the preservation
objectives of sections 459j to 459j-8 of this title, indicating:
(1) the facilities needed to accommodate the health, safety, and
recreation needs of the visiting public;
(2) the location and estimated cost of all facilities; and
(3) the projected need for any additional facilities within the
seashore.
(Pub. L. 93-626, 9, Jan. 3, 1975, 88 Stat. 2125; Pub. L. 100-564, 2,
Oct. 31, 1988, 102 Stat. 2831.)
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
1988 -- Subsec. (b). Pub. L. 100-564 substituted ''$2.6 million in
addition to the sums previously appropriated'' for ''not more than
$500,000''.
16 USC SUBCHAPTER LXIV -- RECREATIONAL DEMONSTRATION PROJECTS
TITLE 16 -- CONSERVATION
16 USC 459r. Disposition of recreational demonstration projects
TITLE 16 -- CONSERVATION
Except as provided in section 459s of this title, the Secretary of
the Interior is authorized, with the approval of the President, to
convey or lease to the States or to the political subdivisions thereof,
without consideration, any or all of the recreational demonstration
projects and lands, improvements, and equipment comprised within such
projects transferred to him by Executive Order Numbered 7496, dated
November 14, 1936, or any parts of such projects, when in his judgment
such grantees or lessees are adequately prepared to administer, operate,
and maintain such project areas for public park, recreational, and
conservation purposes, or he may, with the approval of the President,
transfer to other Federal agencies any of the aforesaid recreational
demonstration areas that may be of use to such agencies.
(June 6, 1942, ch. 380, 1, 56 Stat. 326.)
For delegation to Secretary of the Interior of authority vested in
President by this section, see Ex. Ord. No. 10752, Feb. 12, 1958, 23
F.R. 973, set out as a note under section 715j of Title 15, Commerce and
Trade.
Act July 30, 1947, ch. 351, 61 Stat. 519, provided: ''That, in
order to carry out the purposes of the act of June 6, 1942 (56 Stat.
326; sections 459r to 459t of this title), relating to the disposition
of recreational demonstration areas, and to effectuate the transfer to
the State of Oregon, pursuant to that act, of the Silver Creek
recreational demonstration project, the following-described revested
Oregon and California Railroad grant lands shall hereafter be
administered as a part of the Silver Creek recreational demonstration
project and shall be subject to all of the provisions of the aforesaid
Act of June 6, 1942:
''Township 8 south, range 1 east:
''Section 13, east half southeast quarter and southeast quarter
northeast quarter;
''Section 25, all;
''Section 35, north half northeast quarter northeast quarter and
north half south half northeast quarter northeast quarter;
''Township 8 south, range 2 east:
''Section 17, south half southwest quarter and northwest quarter
southwest quarter;
''Section 19, lots 3, 4, and northeast quarter;
''Section 29, west half; and
''Section 31, north half;
comprising one thousand seven hundred and ninety-one and ninety-three
one-hundredths acres.
''Sec. 2. The following-described lands also shall become a part of
the Silver Creek recreational demonstration project and shall be subject
to the provisions of the act of June 6, 1942, upon acquisition of title
thereto by the Oregon and California Revested Lands Administration:
''Township 8 south, range 1 east: Section 36, northeast quarter,
northeast quarter northwest quarter, north half southeast quarter
northwest quarter, north half south half southeast quarter northwest
quarter, north half northwest quarter northwest quarter, and north half
south half northwest quarter northwest quarter; comprising two hundred
and sixty acres.''
Ex. Ord. No. 7496, Nov. 14, 1936, 1 F.R. 1946, provided:
By virtue of and pursuant to the authority vested in me by Title II
of the National Industrial Recovery Act (48 Stat. 200) (title 15,
sections 701 to 712), the Emergency Relief Appropriation Act of 1935 (49
Stat. 115), and the Emergency Relief Appropriation Act of 1936 (Public,
No. 739, 74th Congress), (title 15, ch. 16 note) I hereby order as
follows:
1. There is transferred from the Resettlement Administration to the
Secretary of the Interior (a) all the real and personal property or any
interest therein, together with all contracts, options, rights and
interests, books, papers, memoranda, records, etc., acquired by the
Resettlement Administration in connection with the recreational
demonstration projects set forth in the attached schedule with funds
appropriated or made available to carry out the provisions of the
National Industrial Recovery Act by the Fourth Deficiency Act, fiscal
year 1933 (48 Stat. 274, 275), and by the Emergency Appropriation Act,
fiscal year 1935 (48 Stat. 1055), and with funds appropriated by the
Emergency Relief Appropriation Act of 1935 (49 Stat. 115), and by the
Emergency Relief Appropriation Act of 1936 (Public No. 739, 74th
Congress), (title 15, ch. 16 note) and (b) all personnel, whether in the
District of Columbia or elsewhere, now employed in connection with the
acquisition of land for those recreational demonstration projects,
together with all administration personnel records pertaining to the
employees transferred, and to those employees engaged in development
activities as of July 31, 1936, who were released by the Resettlement
Administration on that date to permit the Department of the Interior to
enter them on its rolls as of August 1.
2. There is transferred and allocated to the Secretary of the
Interior all balances of appropriations heretofore made available to or
allotted for expenditure by the Resettlement Administration both for
acquiring land for the recreational demonstration projects set forth in
the attached schedule and for developing those projects, under the said
National Industrial Recovery Act, Fourth Deficiency Act, fiscal year
1933, Emergency Appropriation Act, fiscal year 1935, Emergency Relief
Appropriation Act of 1935, and Emergency Relief Appropriation Act of
1936, to be used for the purposes for which such funds were made
available or allotted to the Resettlement Administration. The Secretary
of the Interior shall assume all outstanding obligations, commitments,
and encumbrances heretofore incurred by the Resettlement Administration
in connection with the said projects.
3. The Secretary of the Interior is authorized, through the National
Park Service, to complete and administer the projects transferred to him
by this Executive Order and to exercise with respect to any real or
personal property or any interest therein, contracts, options, rights
and interests, books, papers, memoranda, and records acquired in
connection with such projects, all the powers and functions given to the
Resettlement Administration in connection therewith by Executive Orders
Nos. 7027 and 7028 of April 30, 1935, and April 30, 1935, respectively.
4. The Secretary of the Interior is authorized to prescribe such
rules and regulations as may be necessary to carry out the
administrative functions transferred and delegated to him by this
Executive Order.
16 USC 459s. Lands for certain projects added to certain projects
TITLE 16 -- CONSERVATION
After June 6, 1942, the lands acquired for the Acadia, French Creek,
Shenandoah, and White Sands recreational demonstration project shall be
added to and become a part of Acadia National Park, Hopewell Village
National Historic Site, Shenandoah National Park, and White Sands
National Monument, in the order named above, subject to all laws, rules,
and regulations applicable to the respective areas to which such
recreational demonstration projects are added.
(June 6, 1942, ch. 380, 2, 56 Stat. 327.)
Proviso directing the Secretary of the Interior to file with the
National Archives within six months after June 6, 1942, a map of each
recreational demonstration project enumerated in the section has been
omitted as executed.
Act July 24, 1946, ch. 604, 60 Stat. 655, provided: ''That the
Secretary of the Interior is hereby authorized to withdraw from the
Hopewell Village National Historic Site, Pennsylvania, all or any part
of the lands added to the Hopewell Village National Historic Site by the
act approved June 6, 1942, entitled 'An Act to authorize the disposition
of recreational demonstration projects, and for other purposes (sections
459r to 459t of this title)', which in his opinion are not required for
historic-site purposes. Any lands so withdrawn shall revert to the
status of a recreational demonstration area.''
Act June 9, 1947, ch. 100, 61 Stat. 129, provided: ''That for the
purpose of consolidating Federal holdings of lands acquired for the
Silver Creek recreational demonstration project, in the State of Oregon,
the Secretary of the Interior is hereby authorized to exchange any such
lands for other lands of approximately equal value when in his opinion
such action is in the interest of the United States, the title to any
lands acquired hereunder to be satisfactory to the Attorney General.
Upon the vesting of title thereto in the United States, any lands
acquired pursuant to this authorization shall become a part of the
Silver Creek recreational demonstration project, and shall be subject to
the laws applicable thereto.
''Sec. 2. Upon the conveyance of the Silver Creek recreational
demonstration project to the State of Oregon, or political subdivision
thereof, pursuant to the Act of June 6, 1942 (56 Stat. 326) (sections
459r to 459t of this title), the Secretary of the Interior may authorize
the grantee to exchange or otherwise dispose of any lands so conveyed in
order to acquire other lands of approximately equal value for the
purpose of consolidating the holdings of the grantee, the title to lands
so acquired to be satisfactory to the Attorney General. For the
aforesaid purpose the Secretary is authorized to execute a release, as
to the particular lands involved, of any condition providing for a
reversion of title to the United States, that may be contained in the
conveyance by the United States to said grantee. No such release shall
be executed, however, unless the grantee shall agree, in form
satisfactory to the Secretary, that the lands to be acquired by it shall
be subject to the conditions contained in the original conveyance from
the United States, except that, in lieu of a provision for reversion,
the grantee shall agree to convey said lands to the United States upon a
finding by the Secretary in accordance with the procedure provided in
said Act of June 6, 1942, that the grantee has not complied with such
conditions during a period of more than three years. Lands so conveyed
to the United States shall be subject to administration or disposition
in like manner as recreational demonstration project lands that revert
to the United States under the terms of the aforesaid Act.''
Act Aug. 24, 1954, ch. 903, 68 Stat. 791, provided: ''That the
Secretary of the Interior, for the purpose of consolidating Federal
holdings of land acquired for the Catoctin recreational demonstration
area, Frederick County, Maryland, is hereby empowered, in his
discretion, to obtain for the United States land and interests in lands
held in private ownership within the established watersheds and
boundaries of said recreational demonstration area by accepting from the
owners of such privately owned land complete relinquishment thereof, and
the Secretary may grant to such owners in exchange therefor, in each
instance, federally owned lands of approximately equal value now a part
of the Catoctin recreational demonstration area, that he considers are
not essential for the administration, control, and operation of the
aforesaid recreational demonstration area. Any land acquired by the
United States pursuant to this authorization shall become a part of the
Catoctin recreational demonstration area upon the vesting of title in
the United States, and shall be subject to the laws applicable
thereto.''
16 USC 459t. Secretary of the Interior authorized to execute deeds and
leases for project lands; inclusion of conditional covenants
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to execute on behalf of
the United States all necessary deeds and leases to effect the purposes
of sections 459r to 459t of this title. Every such deed or lease shall
contain the express condition that the grantee or lessee shall use the
property exclusively for public park, recreational, and conservation
purposes, and the further express condition that the United States
assumes no obligation for the maintenance or operation of the property
after the acceptance of such deed or during the term of such lease, and
may contain such other conditions not inconsistent with such express
conditions as may be agreed upon by the Secretary and the grantee or
lessee: Provided, That the title and right to possession of any lands
so conveyed or leased, together with the improvements thereon, shall
revert to the United States upon a finding by the Secretary, after
notice to such grantee or lessee and after an opportunity for a hearing,
that the grantee or lessee has not complied with such conditions during
a period of more than three years, which finding shall be final and
conclusive, and such lands and improvements thereon, upon such reversion
to the United States, shall be returned to the jurisdiction of the
Department of the Interior and upon determination of the Secretary may
be considered as surplus real property to be disposed of in accordance
with sections 304a to 304e of title 40.
(June 6, 1942, ch. 380, 3, 56 Stat. 327.)
16 USC 459u. Exchange of recreational demonstration project lands by
grantee
TITLE 16 -- CONSERVATION
In order to facilitate the administration of former recreational
demonstration project lands and to consolidate the holdings of the
grantees to whom such lands have been or may be granted pursuant to
sections 459r to 459t of this title, the Secretary of the Interior may
authorize any such grantee to exchange or otherwise dispose of any lands
or interests in lands conveyed to it in order to acquire other lands or
interests therein of approximately equal value.
For the aforesaid purpose, the Secretary is authorized to execute a
release, as to the particular lands involved, of any condition providing
for a reversion of title to the United States, that may be contained in
the conveyance by the United States to said grantee. No such release
shall be executed, however, unless the grantee shall agree, in form
satisfactory to the Secretary, that the lands to be acquired by it shall
be subject to the conditions contained in the original conveyance from
the United States, except that in lieu of a provision for reversion, the
grantee shall agree to convey said lands to the United States upon a
finding by the Secretary in accordance with the procedure provided in
said sections, that the grantee has not complied with such conditions
during a period of more than three years. Lands so conveyed to the
United States shall be subject to administration or disposition in like
manner as recreational demonstration project lands that revert to the
United States under the terms of the aforesaid sections.
(Aug. 3, 1950, ch. 522, 64 Stat. 399.)
16 USC SUBCHAPTER LXV -- NATIONAL PARKWAYS
TITLE 16 -- CONSERVATION
16 USC 460. Natchez Trace Parkway
TITLE 16 -- CONSERVATION
All lands and easements heretofore and hereafter conveyed to the
United States by the States of Mississippi, Alabama, and Tennessee for
the right-of-way for the projected parkway between Natchez, Mississippi,
and Nashville, Tennessee, together with sites acquired or to be acquired
for recreational areas in connection therewith, and a right-of-way for
said parkway of a width sufficient to include the highway and all
bridges, ditches, cuts, and fills appurtenant thereto, but not exceeding
a maximum of two hundred feet through Government-owned lands (except
that where small parcels of Government-owned lands would otherwise be
isolated, or where topographic conditions or scenic requirements are
such that bridges, ditches, cuts, fills, parking overlooks, and
landscape development could not reasonably be confined to a width of two
hundred feet, the said maximum may be increased to such width as may be
necessary, with the written approval of the department or agency having
jurisdiction over such lands) as designated on maps heretofore or
hereafter approved by the Secretary of the Interior, shall be known as
the Natchez Trace Parkway and shall be administered and maintained by
the Secretary of the Interior through the National Park Service, subject
to the provisions of sections 1 and 2 to 4 of this title, the provisions
of which sections, as amended and supplemented, are extended over and
made applicable to said parkway: Provided, That the Secretary of
Agriculture is authorized, with the concurrence of the Secretary of the
Interior, to connect with said parkway such roads and trails as may be
necessary for the protection, administration, or utilization of adjacent
and nearby national forests and the resources thereof: And provided
further, That the Forest Service and the National Park Service shall,
insofar as practicable, coordinate and correlate such recreational
developments as each may plan, construct, or permit to be constructed,
on lands within their respective jurisdictions, which, by mutual
agreement, should be given special treatment for recreational purposes.
(May 18, 1938, ch. 251, 1, 52 Stat. 407.)
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.
Functions of Administrator of General Services transferred to
Secretary of Commerce by Reorg. Plan No. 7 of 1949, 2, eff. Aug. 20,
1949, 14 F.R. 5228, 63 Stat. 1070, set out in the Appendix to Title 5.
Functions, powers, and duties of Secretary of Commerce and other
officers and offices of Department of Commerce relating generally to
highways under Reorg. Plan No. 7 of 1949 transferred to and vested in
Secretary of Transportation by Pub. L. 89-670, 6(a)(1)(M), Oct. 15,
1966, 80 Stat. 938. Reorg. Plan No. 7 of 1949 was amended by section
2(b) of Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2439, to reflect such
transfer.
Functions of Federal Works Agency and of all agencies thereof,
together with functions of Federal Works Administrator transferred to
Administrator of General Services by section 103(a) of act June 30,
1949, ch. 288, title I, 63 Stat. 380. Both Federal Works Agency and
office of Federal Works Administrator abolished by section 103(b) of
that act. Section 103 is classified to section 753 of Title 40, Public
Buildings, Property, and Works.
Transfer of functions by act June 30, 1949, as effective July 1,
1949, see note set out under section 471 of Title 40, Public Buildings,
Property, and Works.
Pub. L. 85-746, Aug. 25, 1958, 72 Stat. 839, provided: ''That the
Secretary of the Interior is authorized to enter into an agreement with
the Pearl River Valley Water Supply District which shall provide for the
district, upon terms and conditions which the Secretary determines are
in the public interest, to relocate those portions of sections 3-O and
3-N of the Natchez Trace Parkway in Madison County, Mississippi,
required in connection with the Pearl River Reservoir.
''Sec. 2. To cooperate in the relocation, the Secretary of the
Interior is authorized to transfer to the Pearl River Valley Water
Supply District the aforesaid portions of the existing Natchez Trace
Parkway lands and roadway in exchange for the contemporaneous transfer
to the United States of relocated parkway lands and roadway situated and
constructed in accordance with the terms and conditions of the agreement
authorized by the first section of this Act: Provided, That such
exchange shall be made on the basis of approximately equal values.
''Sec. 3. The Secretary of the Interior is authorized to accept and
to use until expended without additional authority any funds provided by
the district for the purpose of this Act pursuant to agreement with the
Secretary of the Interior, and any such funds shall be placed in a
separate account in the Treasury which shall be available for such
purpose.''
The Secretary of the Interior was authorized to relinquish or modify
certain restrictions upon the use of privately owned lands in the
village of French Camp along the Natchez Trace Parkway by act Jan. 7,
1941, ch. 939, 54 Stat. 1227.
16 USC 460-1. Inclusion of Ackia Battleground National Monument and
Meriwether Lewis National Monument
TITLE 16 -- CONSERVATION
To facilitate the administration of two areas of the national park
system, known as Ackia Battleground National Monument, Mississippi, and
Meriwether Lewis National Monument, Tennessee, those areas are included
in the Natchez Trace Parkway, which they adjoin; and they shall be
administered as a part of the parkway. In order to provide continued
recognition of the significance of these portions of the parkway, the
Secretary of the Interior shall provide them with appropriate
designations in accordance with the historical events which occurred on
them.
(Pub. L. 87-131, Aug. 10, 1961, 75 Stat. 335.)
16 USC 460a. Licenses or permits for right-of-way over parkway lands
TITLE 16 -- CONSERVATION
In the administration of the Natchez Trace Parkway, the Secretary of
the Interior may issue revocable licenses or permits for rights-of-way
over, across, and upon parkway lands, or for the use of parkway lands by
the owners or lessees of adjacent lands, for such purposes and under
such nondiscriminatory terms, regulations, and conditions as he may
determine to be not inconsistent with the use of such lands for parkway
purposes.
(May 18, 1938, ch. 251, 2, 52 Stat. 408.)
16 USC 460a-1. Acceptance of lands conveyed for Blue Ridge or Natchez
Trace Parkways
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized, in his discretion, to
approve and accept, on behalf of the United States, title to any lands
and interests in land heretofore or hereafter conveyed to the United
States for the purposes of the Blue Ridge or the Natchez Trace Parkways,
or for recreational areas in connection therewith.
(June 30, 1936 ch. 883, 3, as added June 8, 1940, ch. 277, 54 Stat.
250.)
16 USC 460a-2. Blue Ridge Parkway; establishment; administration and
maintenance
TITLE 16 -- CONSERVATION
All lands and easements heretofore or hereafter conveyed to the
United States by the States of Virginia and North Carolina for the
right-of-way for the projected parkway between the Shenandoah and Great
Smoky Mountains National Parks, together with sites acquired or to be
acquired for recreational areas in connection therewith, and a
right-of-way for said parkway of a width sufficient to include the
highway and all bridges, ditches, cuts, and fills appurtenant thereto,
but not exceeding a maximum of two hundred feet through Government-owned
lands (except that where small parcels of Government-owned lands would
otherwise be isolated, or where topographic conditions or scenic
requirements are such that bridges, ditches, cuts, fills, parking
overlooks, landscape development, recreational and other facilities
requisite to public use of said parkway could not reasonably be confined
to a width of two hundred feet, the said maximum may be increased to
such width as may be necessary, with the written approval of the
department or agency having jurisdiction over such lands) as designated
on maps heretofore or hereafter approved by the Secretary of the
Interior, shall be known as the Blue Ridge Parkway and shall be
administered and maintained by the Secretary of the Interior through the
National Park Service, subject to the provisions of sections 1 and 2 to
4 of this title, the provisions of which sections, as amended and
supplemented, are extended over and made applicable to said parkway:
Provided, That the Secretary of Agriculture is authorized, with the
concurrence of the Secretary of the Interior, to connect with the
parkway such roads and trails as may be necessary for the protection,
administration, or utilization of adjacent and nearby national forests
and the resources thereof: And provided further, That the Forest
Service and the National Park Service shall, insofar as practicable,
coordinate and correlate such recreational development as each may plan,
construct, or permit to be constructed, on lands within their respective
jurisdictions which, by mutual agreement, should be given special
treatment for recreational purposes.
(June 30, 1936, ch. 883, 1, 49 Stat. 2041; June 8, 1940, ch. 277, 54
Stat. 249.)
1940 -- Act June 8, 1940, inserted exceptions set out in parenthesis.
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.
Functions of Administrator of General Services transferred to
Secretary of Commerce by Reorg. Plan No. 7 of 1949, 2, eff. Aug. 20,
1949, 14 F.R. 5228, 63 Stat. 1070, set out in the Appendix to Title 5.
Functions, powers, and duties of Secretary of Commerce and other
officers and offices of Department of Commerce relating generally to
highways under Reorg. Plan No. 7 of 1949 transferred to and vested in
Secretary of Transportation by Pub. L. 89-670, 6(a)(1)(M), Oct. 15,
1966, 80 Stat. 938. Reorg. Plan No. 7 of 1949 was amended by section
2(b) of Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2439, to reflect such
transfer.
Functions of Federal Works Agency and of all agencies thereof,
together with functions of Federal Works Administrator transferred to
Administrator of General Services by section 103(a) of act June 30,
1949, ch. 288, title I, 63 Stat. 380. Both Federal Works Agency and
office of Federal Works Administrator abolished by section 103(b) of
that act. Section 103 is classified to section 753 of Title 40, Public
Buildings, Property, and Works.
Transfer of functions by act June 30, 1949, as effective July 1,
1949, see note set out under section 471 of Title 40, Public Buildings,
Property, and Works.
Acceptance of lands conveyed for purposes of Blue Ridge Parkway, see
section 460a-1 of this title.
16 USC 460a-3. Licenses or permits to owners of adjacent lands
TITLE 16 -- CONSERVATION
In the administration of the Blue Ridge Parkway, the Secretary of the
Interior may issue revocable licenses or permits for rights-of-way over,
across, and upon parkway lands, or for the use of parkway lands by the
owners or lessees of adjacent lands, for such purposes and under such
nondiscriminatory terms, regulations, and conditions as he may determine
to be not inconsistent with the use of such lands for parkway purposes.
(June 30, 1936, ch. 883, 2, as added June 8, 1940, ch. 277, 54 Stat.
250.)
16 USC 460a-4. Transfer of jurisdiction to Secretary of Agriculture;
national forest lands
TITLE 16 -- CONSERVATION
When in his judgment the public interest will be served thereby, the
Secretary of the Interior is authorized, upon concurrence of the
Secretary of Agriculture, to transfer to the jurisdiction of the
Secretary of Agriculture for national forest purposes lands or interests
in lands acquired for or in connection with the Blue Ridge Parkway.
Lands transferred under this section shall become national forest lands
subject to all laws, rules, and regulations applicable to lands acquired
pursuant to the Weeks Law of March 1, 1911 (36 Stat. 961), as amended.
(May 13, 1952, ch. 263, 66 Stat. 69.)
The Weeks Law of March 1, 1911 (36 Stat. 961), as amended, referred
to in text, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended,
which is classified to sections 480, 500, 513 to 519, 521, 552 and 563
of this title. For complete classification of this Act to the Code, see
Short title note set out under section 552 of this title and Tables.
16 USC 460a-5. Acquisition of land contiguous to Blue Ridge or Natchez
Trace Parkways
TITLE 16 -- CONSERVATION
In order to consolidate, on the Blue Ridge Parkway and the Natchez
Trace Parkway, the land forming each such parkway, to adjust ownership
lines, and to eliminate hazardous crossings of and accesses to these
parkways, the Secretary of the Interior is authorized to acquire, by
purchase or exchange, land and interests in land contiguous to the
parkways. In consummating exchanges under this section, the Secretary
may transfer parkway land, interests therein, and easements: Provided,
That the property rights so exchanged shall be approximately equal in
value.
(Pub. L. 87-76, June 30, 1961, 75 Stat. 196.)
16 USC 460a-6. Blue Ridge Parkway extension; acceptance of lands;
public use, administration, and maintenance areas; survey location of
parkway extension crossing national forest land; transfer from Federal
agency to administrative jurisdiction of Secretary of the Interior;
national forest uses following transfer within national forest
TITLE 16 -- CONSERVATION
The Secretary of the Interior is authorized to accept, on behalf of
the United States, donations of land and interests in land in the States
of North Carolina and Georgia, to construct thereon an extension of the
Blue Ridge Parkway from the vicinity of Beech Gap, North Carolina, to
the vicinity of Kennesaw Mountain National Battlefield Park north of
Atlanta and Marietta, Georgia, and to provide public use,
administration, and maintenance areas in connection therewith. The
lands accepted for the parkway extension may vary in width but shall
average not more than one hundred and twenty-five acres per mile in fee
simple plus not more than twenty-five acres per mile in scenic
easements. The survey location and width of any portion of the parkway
extension that crosses national forest land shall be jointly determined
by the Secretary of the Interior and the Secretary of Agriculture.
Where the parkway extension designated by the Secretary of the Interior
traverses Federal lands, the head of the department or agency having
jurisdiction over such lands is authorized to transfer to the Secretary
of the Interior the part of the Federal lands mutually agreed upon as
necessary for the construction, maintenance and administration of the
parkway extension and public use thereof, without transfer of funds.
Any such transfer within a national forest shall not preclude any
national forest use that is compatible with parkway use and that is
agreed upon by the Secretary of the Interior and the Secretary of
Agriculture.
(Pub. L. 90-555, 1, Oct. 9, 1968, 82 Stat. 967.)
16 USC 460a-7. Coordination of recreational development on parkway and
national forest lands; administration of forest land recreational
facilities and access road development by Secretary of Agriculture;
forest road and Appalachian Trail relocation and reconstruction and
alternative forest road provision by Secretary of the Interior
TITLE 16 -- CONSERVATION
To effectuate the recommendations in the report to the Congress on
the North Carolina-Georgia extension of the Blue Ridge Parkway, made
pursuant to the Act of August 10, 1961 (75 Stat. 337) --
(1) The Secretary of the Interior and the Secretary of Agriculture
shall, insofar as practicable, coordinate and correlate recreational
development on lands within the parkway and adjacent or related national
forests land: Provided, That within national forest boundaries
recreational developments and facilities on Federal lands other than
those actually within the national parkway shall be administered by the
Secretary of Agriculture;
(2) Upon the request of the Secretary of Agriculture, the Secretary
of the Interior shall relocate and reconstruct any national forest roads
that may be disturbed by the parkway extension, or provide alternative
roads that are necessary to the protection, administration, or
utilization of the national forests, and shall allow access to areas to
be developed by the Secretary of Agriculture on adjacent national forest
lands unless to do so will materially impair the primary purposes of the
parkway;
(3) The Secretary of the Interior may relocate and reconstruct
portions of the Appalachian Trail, including trail shelters, that may be
disturbed by the parkway extension and such relocation and
reconstruction may be performed (A) on non-Federal lands when the
Appalachian Trail Conference obtains the consent of the owner to the use
of the lands for the purpose and agrees to assume maintenance thereof,
and (B) upon national forest lands with the approval of the Secretary of
Agriculture.
(Pub. L. 90-555, 2, Oct. 9, 1968, 82 Stat. 968.)
Act of August 10, 1961, referred to in text, is Pub. L. 87-135, Aug.
10, 1961, 75 Stat. 337, which was not classified to the Code.
16 USC 460a-8. Licenses or permits for rights-of-way over parkway lands
TITLE 16 -- CONSERVATION
The Secretary of the Interior may issue revocable licenses or permits
for rights-of-way over, across, and upon parkway lands, or for the use
of parkway lands by the owners or lessees of adjacent lands, or for such
purposes and under such terms and conditions as he may determine to be
consistent with the use of such lands for parkway purposes.
(Pub. L. 90-555, 3, Oct. 9, 1968, 82 Stat. 968.)
16 USC 460a-9. Part of Blue Ridge Parkway; administration and
maintenance of parkway extension
TITLE 16 -- CONSERVATION
The parkway extension herein authorized shall be a part of the Blue
Ridge Parkway and shall be administered and maintained by the Secretary
of the Interior in accordance with the laws and regulations applicable
thereto, including section 460a-4 of this title.
(Pub. L. 90-555, 4, Oct. 9, 1968, 82 Stat. 968.)
16 USC 460a-10. Transfer of national forest lands to Secretary of
Agriculture
TITLE 16 -- CONSERVATION
With the concurrence of the Secretary of Agriculture the Secretary of
the Interior may transfer to the Secretary of Agriculture for national
forest purposes lands or interests in lands within national forests
acquired for, or in connection with, the parkway extension.
(Pub. L. 90-555, 5, Oct. 9, 1968, 82 Stat. 968.)
16 USC 460a-11. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated, for construction of
the Blue Ridge Parkway extension, not more than $87,536,000, plus or
minus such amounts, if any, as may be justified by reason of
fluctuations in construction costs as indicated by engineering cost
indices applicable to the type of construction involved herein.
(Pub. L. 90-555, 6, Oct. 9, 1968, 82 Stat. 968.)
16 USC 460b, 460c. Repealed. Pub. L. 85-767, 2 (19, 21, 23, 33), Aug.
27, 1958, 72 Stat. 919
TITLE 16 -- CONSERVATION
Section 460b, acts June 16, 1936, ch. 582, 5, 49 Stat. 1520; June
8, 1938, ch. 328, 8, 52 Stat. 635; Sept. 5, 1940, ch. 715, 9, 54
Stat. 870, related to determination of location of parkways upon public
lands, national forests, or other Federal reservations.
Section 460c, act Sept. 7, 1950, ch. 912, 4(b), 64 Stat. 787,
related to administration of parkway appropriations.
16 USC SUBCHAPTER LXVI -- PUBLIC PARK AND RECREATIONAL FACILITIES AT
WATER RESOURCE DEVELOPMENT PROJECTS
TITLE 16 -- CONSERVATION
16 USC 460d. Construction and operation of public parks and
recreational facilities in water resource development projects; lease
of lands; preference for use; penalty; application of section 3401 of
title 18; citations and arrests with and without process; limitations;
disposition of receipts
TITLE 16 -- CONSERVATION
The Chief of Engineers, under the supervision of the Secretary of the
Army, is authorized to construct, maintain, and operate public park and
recreational facilities at water resource development projects under the
control of the Department of the Army, to permit the construction of
such facilities by local interests (particularly those to be operated
and maintained by such interests), and to permit the maintenance and
operation of such facilities by local interests. The Secretary of the
Army is also authorized to grant leases of lands, including structures
or facilities thereon, at water resource development projects for such
periods, and upon such terms and for such purposes as he may deem
reasonable in the public interest: Provided, That leases to nonprofit
organizations for park or recreational purposes may be granted at
reduced or nominal considerations in recognition of the public service
to be rendered in utilizing the leased premises: Provided further, That
preference shall be given to Federal, State, or local governmental
agencies, and licenses or leases where appropriate, may be granted
without monetary considerations, to such agencies for the use of all or
any portion of a project area for any public purpose, when the Secretary
of the Army determines such action to be in the public interest, and for
such periods of time and upon such conditions as he may find advisable:
And provided further, That in any such lease or license to a Federal,
State, or local governmental agency which involves lands to be utilized
for the development and conservation of fish and wildlife, forests, and
other natural resources, the licensee or lessee may be authorized to cut
timber and harvest crops as may be necessary to further such beneficial
uses and to collect and utilize the proceeds of any sales of timber and
crops in the development, conservation, maintenance, and utilization of
such lands. Any balance of proceeds not so utilized shall be paid to
the United States at such time or times as the Secretary of the Army may
determine appropriate. The water areas of all such projects shall be
open to public use generally for boating, swimming, bathing, fishing,
and other recreational purposes, and ready access to and exist from such
areas along the shores of such projects shall be maintained for general
public use, when such use is determined by the Secretary of the Army not
to be contrary to the public interest, all under such rules and
regulations as the Secretary of the Army may deem necessary, including
but not limited to prohibitions of dumping and unauthorized disposal in
any manner of refuse, garbage, rubbish, trash, debris, or litter of any
kind at such water resource development projects, either into the waters
of such projects or onto any land federally owned and administered by
the Chief of Engineers. Any violation of such rules and regulations
shall be punished by a fine of not more than $500 or imprisonment for
not more than six months, or both. Any persons charged with the
violation of such rules and regulations may be tried and sentenced in
accordance with the provisions of section 3401 of title 18. All persons
designated by the Chief of Engineers for that purpose shall have the
authority to issue a citation for violation of the regulations adopted
by the Secretary of the Army, requiring the appearance of any person
charged with violation to appear before the United States magistrate
judge, within whose jurisdiction the water resource development project
is located, for trial; and upon sworn information of any competent
person any United States magistrate judge in the proper jurisdiction
shall issue process for the arrest of any person charged with the
violation of said regulations; but nothing herein contained shall be
construed as preventing the arrest by any officer of the United States,
without process of any person taken in the act of violating said
regulations. No use of any area to which this section applies shall be
permitted which is inconsistent with the laws for the protection of fish
and game of the State in which such area is situated. All moneys
received by the United States for leases or privileges shall be
deposited in the Treasury of the United States as miscellaneous
receipts.
(Dec. 22, 1944, ch. 665, 4, 58 Stat. 889; July 24, 1946, ch. 596, 4,
60 Stat. 642; July 26, 1947, ch. 343, title II, 205(a), 61 Stat. 501;
Sept. 3, 1954, ch. 1264, title II, 209, 68 Stat. 1266; Oct. 23, 1962,
Pub. L. 87-874, title II, 207, 76 Stat. 1195; Sept. 3, 1964, Pub. L.
88-578, 2(a), 78 Stat. 899; Dec. 31, 1970, Pub. L. 91-611, title II,
234, 84 Stat. 1833; Dec. 1, 1990, Pub. L. 101-650, title III, 321, 104
Stat. 5117.)
1970 -- Pub. L. 91-611 provided that the rules and regulations
should include but not be limited to prohibitions of dumping and
unauthorized disposal of refuse, garbage, rubbish, trash, debris, or
litter of any kind at water resource development projects, prescribed
penalty for violation of the rules and regulations, provided for trial
and sentence in accordance with section 3401 of title 18, authorized
issuance of citation for violation of the regulations, provided for
issuance of process for arrest of any violators, and recognized the
authority of Federal officer without process of arrest any person taken
in act of violating the regulations.
1964 -- Pub. L. 88-578 struck out '', without charge,'' after ''The
water areas of all such projects shall be open to public use
generally''.
1962 -- Pub. L. 87-874 substituted references to water resource
development projects for references to reservoir areas wherever
appearing, and authorized the Chief of Engineers to permit the
construction, maintenance, and operation of facilities by local
interests.
1954 -- Act Sept. 3, 1954, amended section generally, and, among
other changes, inserted ''for park or recreational purposes'' in first
proviso, inserted ''or leases where appropriate'' in second proviso, and
inserted third proviso permitting lessees and licensees to cut timber
and harvest crop in certain cases and containing provisions with respect
to the collection, utilization, and disposition of the proceeds from the
sale of timber and crops.
1946 -- Act July 24, 1946, inserted first proviso dealing with leases
to nonprofit organizations.
''United States magistrate judge'' substituted for ''United States
magistrate'' wherever appearing in text pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
Act July 26, 1947, was repealed by section 53 of Act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of Act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Amendment by Pub. L. 88-578 effective Jan. 1, 1965, see section 1(
a) of Pub. L. 88-578, set out in part as an Effective Date note under
section 460l-4 of this title.
Pub. L. 99-662, title XI, 1134(a)-(c), Nov. 17, 1986, 100 Stat.
4250, provided that:
''(a) On and after December 31, 1989, the Secretary shall continue in
effect any lease or assignment thereof to which this section applies,
until such time as such lease is terminated by the leaseholder, any
successors or assigns of the leaseholder, or by the Secretary under
subsection (b) of this section. Any such continuation beyond the date
of expiration of such lease as in effect on December 31, 1989, shall be
at fair market rentals and on such other reasonable terms and conditions
not inconsistent with this section as the Secretary deems necessary. No
continuation shall be made beyond such date unless the leaseholder
agrees (1) to hold the United States harmless from any claim for damages
or injury to persons or property arising from occupancy of or through
the use of the property subject to such lease, and (2) to not
unreasonably expand existing improvements.
''(b)(1) On and after December 31, 1989, the Secretary and any other
officer or employee of the United States shall not terminate a lease to
which this section applies, except as provided in paragraph (2) of this
subsection.
''(2) On and after December 31, 1989, the Secretary may terminate a
lease to which this section applies only if --
''(A) the property covered by the lease is needed for immediate use
for public park purposes or other higher public use or for a navigation
or flood control project; or
''(B) the leaseholder substantially violates a provision of such
lease.
''(c) Subsections (a) and (b) of this section apply to (1) any
cottage site lease of property, which lease was entered into by the
Secretary of the Army pursuant to section 4 of the Act entitled 'An Act
authorizing the construction of certain public works on rivers and
harbors for flood control, and for other purposes', approved December
22, 1944 (58 Stat. 889; 16 U.S.C. 460d), and is in effect on December
31, 1989, and (2) any assignment of such a lease.''
Pub. L. 99-662, title XI, 1134(d), Nov. 17, 1986, 100 Stat. 4251, as
amended by Pub. L. 101-640, title III, 320, Nov. 28, 1990, 104 Stat.
4643, provided that: ''On and after December 31, 1989, no houseboat,
boathouse, floating cabin, sleeping facilities at marinas, or lawfully
installed dock or cabin or trailer and appurtenant structures shall be
required to be removed from any Federal water resources reservoir or
lake project administered by the Secretary on which it was located on
the date of enactment of this Act (Nov. 17, 1986), if (1) such property
is maintained in usable and safe condition, (2) such property does not
occasion a threat to life or property, and (3) the holder of the lease,
permit, or license is in substantial compliance with the existing lease
or license, except where necessary for immediate use for public purposes
or other higher public use or for a navigation or flood control
project.''
Pub. L. 97-140, 6, Dec. 29, 1981, 95 Stat. 1718, provided that:
''Notwithstanding any other provision of law, no houseboat, floating
cabin, marina (including any with sleeping facilities), or lawfully
installed dock or cabin and appurtenant structures shall be required to
be removed before December 31, 1989, from any Federal water resources
reservoir or lake project administered by the Secretary of the Army,
acting through the Chief of Engineers, on which it was located on the
date of enactment of this Act (Dec. 29, 1981), if such property is
maintained in usable condition, and, in the judgment of the Chief of
Engineers, does not occasion a threat to life or property.''
Similar provisions were contained in Pub. L. 97-128, 8, Dec. 29,
1981, 95 Stat. 1685.
For transfer of certain functions relating to real property under
jurisdiction of Air Force, and certain functions relating to
construction of buildings and facilities insofar as they may pertain to
Department of the Air Force, from Secretary of the Army to Secretary of
the Air Force, see Secretary of Defense Transfer Order Nos. 14, eff.
July 1, 1948; 18, eff. July 7, 1948; and 40 (App. B(66)), July 22,
1949.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of Title 43, Public Lands.
16 USC 460d-1. Rentals or other considerations in leases for
construction, maintenance, and operation of commercial recreational
facilities; adjustment by Chief of Engineers
TITLE 16 -- CONSERVATION
The Chief of Engineers, under the supervision of the Secretary of the
Army, is authorized to amend any lease entered into providing for the
construction, maintenance, and operation of commercial recreational
facilities at a water resource development project under the
jurisdiction of the Secretary of the Army so as to provide for the
adjustment, either by increase or decrease, from time to time during the
term of such lease of the amount of rental or other consideration
payable to the United States under such lease, when and to the extent he
determines such adjustment or extension to be necessary or advisable in
the public interest. No adjustment shall be made under the authority of
this section so as to increase or decrease the amount of rental or other
consideration payable under such lease for any period prior to the date
of such adjustment.
(Pub. L. 87-236, Sept. 14, 1961, 75 Stat. 509; Pub. L. 89-298, title
II, 215, Oct. 27, 1965, 79 Stat. 1088.)
1965 -- Pub. L. 89-298 struck out ''before November 1, 1956'' after
''lease entered into''.
16 USC 460d-2. Adjustment by Secretary of Agriculture
TITLE 16 -- CONSERVATION
The Secretary of Agriculture is authorized to amend any lease entered
into with respect to lands under the jurisdiction of the Forest Service
providing for the construction, maintenance, and operation of commercial
recreational facilities at a Federal reservoir project so as to provide
for the adjustment, either by increase or decrease, from time to time
during the term of such lease of the amount of rental or other
consideration payable to the United States under such lease, when and to
the extent he determines such adjustment to be necessary or advisable in
the public interest. No adjustment shall be made under the authority of
this section so as to increase or decrease the amount of rental or other
consideration payable under such lease for any period prior to the date
of such adjustment.
(Pub. L. 87-411, Mar. 3, 1962, 76 Stat. 20.)
16 USC 460d-3. Entrance or admission fees; user fees
TITLE 16 -- CONSERVATION
No entrance or admission fees shall be collected after March 31,
1970, by any officer or employee of the United States at public
recreation areas located at lakes and reservoirs under the jurisdiction
of the Corps of Engineers, United States Army. User fees at these lakes
and reservoirs shall be collected by officers and employees of the
United States only from users of highly developed facilities requiring
continuous presence of personnel for maintenance and supervision of the
facilities, and shall not be collected for access to or use of water
areas, undeveloped or lightly developed shoreland, picnic grounds,
overlook sites, scenic drives, or boat launching ramps where no
mechanical or hydraulic equipment is provided.
(Pub. L. 90-483, title II, 210, Aug. 13, 1968, 82 Stat. 746.)
16 USC SUBCHAPTER LXVII -- COTTAGE SITE DEVELOPMENTS AND USES IN
RESERVOIR AREAS
TITLE 16 -- CONSERVATION
16 USC 460e. Authorization for sale of public lands; rights of lessee
TITLE 16 -- CONSERVATION
Whenever the Secretary of the Army determines that any
Government-owned lands other than lands withdrawn or reserved from the
public domain within reservoir areas under his control (1) are not
required for project purposes or for public recreational use, and (2)
are being used for or are available for cottage site development and
use, he is authorized to offer such lands, or any part thereof, for sale
for such purposes in accordance with the provisions of this subchapter:
Provided, however, That any lands held under lease for cottage site
purposes on August 6, 1956 shall not be offered for sale to anyone other
than the lessee until after sixty days from the date of the written
notice to the lessee as provided in section 460f of this title, or the
termination or expiration date of such lease, whichever is later, and
the lessee shall have the right during such period to purchase any lands
leased to him which the Secretary determines are available for sale.
(Aug. 6, 1956, ch. 987, 1, 70 Stat. 1065.)
16 USC 460f. Notice and method of sale; price; conveyance
TITLE 16 -- CONSERVATION
(a) Public notice
Public notice of the availability of the lands for sale for cottage
site development and use shall be given in such manner as the Secretary
of the Army may by regulation prescribe, including publication within
the vicinity of the lands available for sale: Provided, however, That
notice to lessees of cottage sites shall be given in writing within 90
days after publication of such regulations in the Federal Register and
the notice shall state the appraised fair market value of the land
available for sale to such lessee.
(b) Method of sale
The sale of lands for cottage site development and use shall be
accomplished by any method which the Secretary of the Army determines to
be in the public interest, including public auction, seal bids, and by
negotiation with lessees and with others after competitive bidding.
(c) Price
The price to be paid for any lands sold for cottage site development
and use pursuant to the provisions of this subchapter shall be not less
than the appraised fair market value thereof as determined by the
Secretary of the Army.
(d) Conveyance
The Secretary of the Army is authorized to convey by quitclaim deed
all the right, title, and interest of the United States in and to the
lands sold for cottage site development and use pursuant to the
provisions of this subchapter, the conveyance to be on condition that
the property conveyed shall be used for cottage site purposes only, and
in the event of use for any other purposes, title to the land and
improvements shall revert to and vest in the United States; and subject
to such other conditions, reservations, and restrictions as the
Secretary may determine to be necessary for the management and operation
of the reservoir, or for the protection of lessees or owners of cottage
sites within the area.
(Aug. 6, 1956, ch. 987, 2, 70 Stat. 1065.)
16 USC 460g. Transfer to State, etc., for roadway purposes
TITLE 16 -- CONSERVATION
The Secretary of the Army may, by quitclaim deed, deed of easement,
or otherwise, transfer to the State in which lands sold for cottage site
development and use pursuant to this subchapter are located, or to any
political subdivision thereof, or to any organization consisting of not
less than 50 per centum of the owners of cottage sites in the area,
without monetary consideration, any lands being used or to be used for
roads primarily to serve the cottage site areas: Provided, however,
That the deed or other instrument transferring such land shall
specifically provide for appropriate use and maintenance of the property
by the State, political subdivision, or organization, and any deed
conveying title to such lands for roadway purposes shall contain the
condition and limitation that in the event the land conveyed shall fail
or cease to be used for roadway purposes the same shall immediately
revert to and vest in the United States.
(Aug. 6, 1956, ch. 987, 3, 70 Stat. 1065.)
16 USC 460h. Costs of surveys or relocation of boundaries
TITLE 16 -- CONSERVATION
The costs of any surveys or the relocation of boundary markers
necessary as an incident of a conveyance or other property transfer
under this subchapter shall be borne by the grantee.
(Aug. 6, 1956, ch. 987, 4, 70 Stat. 1066.)
16 USC 460i. Delegation of powers; regulations
TITLE 16 -- CONSERVATION
The Secretary of the Army may delegate any authority conferred upon
him by this subchapter to any officer or employee of the Department of
the Army. Any such officer or employee shall exercise the authority so
delegated under rules and regulations approved by the Secretary.
(Aug. 6, 1956, ch. 987, 5, 70 Stat. 1066.)
16 USC 460j. Disposition of proceeds
TITLE 16 -- CONSERVATION
The proceeds from any sale made under this subchapter shall be
covered into the Treasury of the United States as miscellaneous
receipts.
(Aug. 6, 1956, ch. 987, 6, 70 Stat. 1066.)
16 USC SUBCHAPTER LXVIII -- NATIONAL CONSERVATION RECREATIONAL AREAS
TITLE 16 -- CONSERVATION
16 USC 460k. Public recreation use of fish and wildlife conservation
areas; compatibility with conservation purposes; appropriate
incidental or secondary use; consistency with other Federal operations
and primary objectives of particular areas; curtailment; forms of
recreation not directly related to primary purposes of individual areas;
repeal or amendment of provisions for particular areas
TITLE 16 -- CONSERVATION
In recognition of mounting public demands for recreational
opportunities on areas within the National Wildlife Refuge System,
national fish hatcheries, and other conservation areas administered by
the Secretary of the Interior for fish and wildlife purposes; and in
recognition also of the resulting imperative need, if such recreational
opportunities are provided, to assure that any present or future
recreational use will be compatible with, and will not prevent
accomplishment of, the primary purposes for which the said conservation
areas were acquired or established, the Secretary of the Interior is
authorized, as an appropriate incidental or secondary use, to administer
such areas or parts thereof for public recreation when in his judgment
public recreation can be an appropriate incidental or secondary use:
Provided, That such public recreation use shall be permitted only to the
extent that is practicable and not inconsistent with other previously
authorized Federal operations or with the primary objectives for which
each particular area is established: Provided further, That in order to
insure accomplishment of such primary objectives, the Secretary, after
consideration of all authorized uses, purposes, and other pertinent
factors relating to individual areas, shall curtail public recreation
use generally or certain types of public recreation use within
individual areas or in portions thereof whenever he considers such
action to be necessary: And provided further, That none of the
aforesaid refuges, hatcheries, game ranges, and other conservation areas
shall be used during any fiscal year for those forms of recreation that
are not directly related to the primary purposes and functions of the
individual areas until the Secretary shall have determined --
(a) that such recreational use will not interfere with the primary
purposes for which the areas were established, and
(b) that funds are available for the development, operation, and
maintenance of these permitted forms of recreation. This section shall
not be construed to repeal or amend previous enactments relating to
particular areas.
(Pub. L. 87-714, 1, Sept. 28, 1962, 76 Stat. 653; Pub. L. 89-669, 9,
Oct. 15, 1966, 80 Stat. 930.)
1966 -- Pub. L. 89-669 substituted ''areas within the National
Wildlife Refuge System'' for ''national wildlife refuges, game ranges''
in introductory text.
Pub. L. 87-714, which enacted this subchapter, is popularly known as
the ''Refuge Recreation Act''.
16 USC 460k-1. Acquisition of lands for recreational development;
funds
TITLE 16 -- CONSERVATION
The Secretary is authorized to acquire areas of land, or interests
therein, which are suitable for --
(1) incidental fish and wildlife-oriented recreational development,
(2) the protection of natural resources,
(3) the conservation of endangered species or threatened species
listed by the Secretary pursuant to section 1533 of this title, or
(4) carrying out two or more of the purposes set forth in paragraphs
(1) through (3) of this section, and are adjacent to, or within, the
said conservation areas, except that the acquisition of any land or
interest therein pursuant to this section shall be accomplished only
with such funds as may be appropriated therefor by the Congress or
donated for such purposes, but such property shall not be acquired with
funds obtained from the sale of Federal migratory bird hunting stamps.
Lands acquired pursuant to this section shall become a part of the
particular conservation area to which they are adjacent.
(Pub. L. 87-714, 2, Sept. 28, 1962, 76 Stat. 653; Pub. L. 92-534,
Oct. 23, 1972, 86 Stat. 1063; Pub. L. 93-205, 13(d), Dec. 28, 1973, 87
Stat. 902.)
1973 -- Pub. L. 93-205 inserted references to the acquisition of
interest in land the conservation of endangered species or threatened
species listed by the Secretary pursuant to section 1533 of this title.
1972 -- Pub. L. 92-534 substituted provisions authorizing the
Secretary to acquire lands suitable for fish and wildlife oriented
recreational development, or for the protection of natural resources and
adjacent to conservation areas, for provisions authorizing the Secretary
to acquire limited areas of land for recreational development adjacent
to conservation areas in existence or approved by the Migratory Bird
Conservation Commission as of September 28, 1962.
Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section 16
of Pub. L. 93-205, set out as a note under section 1531 of this title.
16 USC 460k-2. Cooperation with agencies, organizations and
individuals; acceptance of donations; restrictive covenants
TITLE 16 -- CONSERVATION
In furtherance of the purposes of this subchapter, the Secretary is
authorized to cooperate with public and private agencies, organizations,
and individuals, and he may accept and use, without further
authorization, donations of funds and real and personal property. Such
acceptance may be accomplished under the terms and conditions of
restrictive covenants imposed by donors when such covenants are deemed
by the Secretary to be compatible with the purposes of the wildlife
refuges, games ranges, fish hatcheries, and other fish and wildlife
conservation areas.
(Pub. L. 87-714, 3, Sept. 28, 1962, 76 Stat. 653.)
16 USC 460k-3. Charges and fees; permits; regulations; penalties;
enforcement
TITLE 16 -- CONSERVATION
The Secretary may establish reasonable charges and fees and issue
permits for public use of national wildlife refuges, game ranges,
national fish hatcheries, and other conservation areas administered by
the Department of the Interior for fish and wildlife purposes. The
Secretary may issue regulations to carry out the purposes of this
subchapter. A violation of such regulations shall be a misdemeanor with
maximum penalties of imprisonment for not more than six months, or a
fine of not more than $500, or both. The provisions of this subchapter
and any such regulation shall be enforced by any officer or employee of
the United States Fish and Wildlife Service designated by the Secretary
of the Interior.
(Pub. L. 87-714, 4, Sept. 28, 1962, 76 Stat. 654; Pub. L. 95-616,
3(e), Nov. 8, 1978, 92 Stat. 3111; Pub. L. 98-473, title II, 221, Oct.
12, 1984, 98 Stat. 2028.)
1984 -- Pub. L. 98-473 substituted ''misdemeanor'' for ''petty
offense (18 U.S.C. 1)''.
1978 -- Pub. L. 95-616 provided for designation of enforcement
personnel.
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable
only to offenses committed after the taking effect of such amendment,
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date
note under section 3551 of Title 18, Crimes and Criminal Procedure.
16 USC 460k-4. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is authorized to be appropriated such funds as may be necessary
to carry out the purposes of this subchapter, including the construction
and maintenance of public recreational facilities.
(Pub. L. 87-714, 5, Sept. 28, 1962, 76 Stat. 654.)
16 USC SUBCHAPTER LXIX -- OUTDOOR RECREATION PROGRAMS
TITLE 16 -- CONSERVATION
16 USC Part A -- Coordination of Programs
TITLE 16 -- CONSERVATION
16 USC 460l. Congressional findings and declaration of policy
TITLE 16 -- CONSERVATION
The Congress finds and declares it to be desirable that all American
people of present and future generations be assured adequate outdoor
recreation resources, and that it is desirable for all levels of
government and private interests to take prompt and coordinated action
to the extent practicable without diminishing or affecting their
respective powers and functions to conserve, develop, and utilize such
resources for the benefit and enjoyment of the American people.
(Pub. L. 88-29, 1, May 28, 1963, 77 Stat. 49.)
For functions of the Environmental Quality Council concerning outdoor
recreation, see sections 102 and 103 of Ex. Ord. No. 11472, May 29,
1969, 34 F.R. 8693, set out as a note under section 4321 of Title 42,
The Public Health and Welfare.
16 USC 460l-1. Powers and duties of Secretary of the Interior
TITLE 16 -- CONSERVATION
In order to carry out the purposes of this part, the Secretary of the
Interior is authorized to perform the following functions and
activities:
(a) Inventory and evaluation of needs and resources
Prepare and maintain a continuing inventory and evaluation of outdoor
recreation needs and resources of the United States.
(b) Classification of resources
Prepare a system for classification of outdoor recreation resources
to assist in the effective and beneficial use and management of such
resources.
(c) Nationwide plan; contents; problems, solutions and actions;
initial plan; revisions of plan; transmittal to Congress and Governors
Formulate and maintain a comprehensive nationwide outdoor recreation
plan, taking into consideration the plans of the various Federal
agencies, States, and their political subdivisions. The plan shall set
forth the needs and demands of the public for outdoor recreation and the
current and foreseeable availability in the future of outdoor recreation
resources to meet those needs. The plan shall identify critical outdoor
recreation problems, recommend solutions, and recommend desirable
actions to be taken at each level of government and by private
interests. The Secretary shall transmit the initial plan, which shall
be prepared as soon as practicable within five years on and after May
28, 1963, to the President for transmittal to the Congress. Future
revisions of the plan shall be similarly transmitted at succeeding
five-year intervals. When a plan or revision is transmitted to the
Congress, the Secretary shall transmit copies to the Governors of the
several States.
(d) Technical assistance and advice; cooperation with States and
private interests
Provide technical assistance and advice to and cooperate with States,
political subdivisions, and private interests, including nonprofit
organizations, with respect to outdoor recreation.
(e) Interstate and regional cooperation
Encourage interstate and regional cooperation in the planning,
acquisition, and development of outdoor recreation resources.
(f) Research and education
(1) Sponsor, engage in, and assist in research relating to outdoor
recreation, directly or by contract or cooperative agreements, and make
payments for such purposes without regard to the limitations of section
3324(a) and (b) of title 31 concerning advances of funds when he
considers such action in the public interest, (2) undertakes studies and
assemble information concerning outdoor recreation, directly or by
contract or cooperative agreement, and disseminate such information
without regard to the provisions of section 3204 of title 39, and (3)
cooperate with educational institutions and others in order to assist in
establishing education programs and activities and to encourage public
use and benefits from outdoor recreation.
(g) Federal interdepartmental cooperation; coordination of Federal
plans and activities; expenditures; reimbursement
(1) Cooperate with and provide technical assistance to Federal
departments and agencies and obtain from them information, data,
reports, advice, and assistance that are needed and can reasonably be
furnished in carrying out the purposes of this part, and (2) promote
coordination of Federal plans and activities generally relating to
outdoor recreation. Any department or agency furnishing advice or
assistance hereunder may expend its own funds for such purposes, with or
without reimbursement, as may be agreed to by that agency.
(h) Donations
Accept and use donations of money, property, personal services, or
facilities for the purposes of this part.
(Pub. L. 88-29, 2, May 28, 1963, 77 Stat. 49; Pub. L. 91-375, 6( h),
Aug. 12, 1970, 84 Stat. 776.)
In subsec. (f), ''section 3324(a) and (b) of title 31'' substituted
for ''section 3648 of the Revised Statutes (31 U.S.C. 529)'' on
authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067, the
first section of which enacted Title 31, Money and Finance.
1970 -- Subsec. (f). Pub. L. 91-375 substituted ''section 3204 of
title 39'' for ''section 4154 of title 39''.
For effective date of amendment by Pub. L. 91-375, see section 15(
a) of Pub. L. 91-375, set out as an Effective Dates note preceding
section 101 of Title 39, Postal Service.
Pub. L. 89-616, Oct. 3, 1966, 80 Stat. 867, directed Secretary of
the Interior to study, investigate, and formulate recommendations on
feasibility and desirability of establishing all or parts of Connecticut
River Valley from its source to its mouth, in States of Connecticut,
Massachusetts, Vermont, and New Hampshire, as a Connecticut River
National Recreation Area and to submit to President, within two years
after Oct. 3, 1966, a report of his findings and recommendations, with
President to submit to Congress such recommendations, including
legislation, as he deemed appropriate.
16 USC 460l-2. Consultations of Secretary of the Interior with
administrative officers; execution of administrative responsibilities
in conformity with nationwide plan
TITLE 16 -- CONSERVATION
In order further to carry out the policy declared in section 460l of
this title, the heads of Federal departments and independent agencies
having administrative responsibility over activities or resources the
conduct or use of which is pertinent to fulfillment of that policy
shall, either individually or as a group, (a) consult with and be
consulted by the Secretary from time to time both with respect to their
conduct of those activities and their use of those resources and with
respect to the activities which the Secretary of the Interior carries on
under authority of this part which are pertinent to their work, and (b)
carry out such responsibilities in general conformance with the
nationwide plan authorized under section 460l-1(c) of this title.
(Pub. L. 88-29, 3, May 28, 1963, 77 Stat. 50.)
16 USC 460l-3. Definitions
TITLE 16 -- CONSERVATION
As used in this part, the term ''United States'' shall include the
District of Columbia and the terms ''United States'' and ''States'' may,
to the extent practicable, include the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific
Islands, and the Commonwealth of the Northern Mariana Islands.
(Pub. L. 88-29, 4, May 28, 1963, 77 Stat. 50; Pub. L. 96-205, title
VI, 608(c), Mar. 12, 1980, 94 Stat. 92.)
1980 -- Pub. L. 96-205 inserted references to the Trust Territory of
the Pacific Islands and the Commonwealth of the Northern Mariana
Islands.
16 USC Part B -- Land and Water Conservation Fund
TITLE 16 -- CONSERVATION
title 26 section 9503; title 40 section 885; title
App. section 214; title 42
sections
1962c-2, 3534; title 43 sections 1457a, 1600e, 1712;
title 46 section 13101.
16 USC 460l-4. Land and water conservation provisions; statement of
purposes
TITLE 16 -- CONSERVATION
The purposes of this part are to assist in preserving, developing,
and assuring accessibility to all citizens of the United States of
America of present and future generations and visitors who are lawfully
present within the boundaries of the United States of America such
quality and quantity of outdoor recreation resources as may be available
and are necessary and desirable for individual active participation in
such recreation and to strengthen the health and vitality of the
citizens of the United States by (1) providing funds for and authorizing
Federal assistance to the States in planning, acquisition, and
development of needed land and water areas and facilities and (2)
providing funds for the Federal acquisition and development of certain
lands and other areas.
(Pub. L. 88-578, title I, 1(b), Sept. 3, 1964, 78 Stat. 897.)
Section 1(a) of Pub. L. 88-578 provided in part that: ''This Act
(see Short Title note below) shall become effective on January 1,
1965.''
Section 1(a) of Pub. L. 88-578 provided in part that: ''This Act
(enacting this part, amending section 460d, repealing section 14 of this
title, and amending provisions set out as a note under section 120 of
Title 23, Highways) may be cited as the 'Land and Water Conservation
Fund Act of 1965'.''
Secretary of the Interior required by section 4 of Pub. L. 91-308,
July 7, 1970, 84 Stat. 410 to complete a survey as to policy to be
implemented with regard to entrance and user fees and to report his
findings to Senate and House Committees on Interior and Insular Affairs
on or before Feb. l, 1971.
Uniform application of sections 460l-4 to 460l-11 of this title to
all areas of national park system when not in conflict with specific
provisions applicable to an area, see section lc of this title.
16 USC 460l-5. Land and water conservation fund; establishment;
covering certain revenues and collections into fund
TITLE 16 -- CONSERVATION
During the period ending September 30, 2015, there shall be covered
into the land and water conservation fund in the Treasury of the United
States, which fund is hereby established and is hereinafter referred to
as the ''fund'', the following revenues and collections:
(a) Surplus property sales
All proceeds (except so much thereof as may be otherwise obligated,
credited, or paid under authority of those provisions of law set forth
in section 485(b)(e), /1/ title 40, or the Independent Offices
Appropriation Act, 1963 (76 Stat. 725) or in any later appropriation
Act) hereafter received from any disposal of surplus real property and
related personal property under the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 471 et seq.),
notwithstanding any provision of law that such proceeds shall be
credited to miscellaneous receipts of the Treasury. Nothing in this part
shall affect existing laws or regulations concerning disposal of real or
personal surplus property to schools, hospitals, and States and their
political subdivisions.
(b) Motorboat fuels tax
The amounts provided for in section 460l-11 of this title.
(c) Other revenues
(1) In addition to the sum of the revenues and collections estimated
by the Secretary of the Interior to be covered into the fund pursuant to
this section, as amended, there are authorized to be appropriated
annually to the fund out of any money in the Treasury not otherwise
appropriated such amounts as are necessary to make the income of the
fund not less than $300,000,000 for fiscal year 1977, and $900,000,000
for fiscal year 1978 and for each fiscal year thereafter through
September 30, 2015.
(2) To the extent that any such sums so appropriated are not
sufficient to make the total annual income of the fund equivalent to the
amounts provided in clause (1), an amount sufficient to cover the
remainder thereof shall be credited to the fund from revenues due and
payable to the United States for deposit in the Treasury as
miscellaneous receipts under the Outer Continental Shelf Lands Act, as
amended (43 U.S.C. 1331 et seq.): Provided, That notwithstanding the
provisions of section 460l-6 of this title, moneys covered into the fund
under this paragraph shall remain in the fund until appropriated by the
Congress to carry out the purpose of this part.
(Pub. L. 88-578, title I, 2, Sept. 3, 1964, 78 Stat. 897; Pub. L.
89-72, 11, July 9, 1965, 79 Stat. 218; Pub. L. 90-401, 1(a), 2, July
15, 1968, 82 Stat. 354, 355; Pub. L. 91-308, 2, July 7, 1970, 84 Stat.
410; Pub. L. 91-485, 1, Oct. 22, 1970, 84 Stat. 1084; Pub. L. 94-273,
2(7), Apr. 21, 1976, 90 Stat. 375; Pub. L. 94-422, title I, 101(1),
Sept. 28, 1976, 90 Stat. 1313; Pub. L. 95-42, 1(1), June 10, 1977, 91
Stat. 210; Pub. L. 100-203, title V, 5201(f)(1), Dec. 22, 1987, 101
Stat. 1330-267.)
The provisions of the Independent Offices Appropriation Act, referred
to in subsec. (a), are the provisions of Pub. L. 87-741, Oct. 3,
1962, 76 Stat. 716, appearing under the heading ''Operating Expenses,
Utilization and Disposal Service'' which were not classified to the
Code.
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Provisions of that act relating to disposal of
Government property are classified to chapter 10 ( 471 et seq.) of Title
40, Public Buildings, Property, and Works. For complete classification
of this Act to the Code, see Short Title note set out under section 471
of Title 40 and Tables.
The Outer Continental Shelf Lands Act, referred to in subsec. (c)(
2), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is
classified generally to subchapter III ( 1331 et seq.) of chapter 29 of
Title 43, Public Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1331 of Title 43 and
Tables.
1987 -- Pub. L. 100-203 substituted ''2015'' for ''1989'' in
introductory provisions and in subsec. (c)(1).
1977 -- Subsec. (c)(1). Pub. L. 95-42 substituted ''and $900,000,000
for fiscal year 1978'' for ''$600,000,000 for fiscal year 1978,
$750,000,000 for fiscal year 1979, and $900,000,000 for fiscal year
1980''.
1976 -- Pub. L. 94-422 struck out '', and during such additional
period as may be required to repay any advances made pursuant to section
460l-7(b) of this title'' after ''September 30, 1989'' in provisions
preceding subsec. (a).
Pub. L. 94-273 substituted ''September'' for ''June'' wherever
appearing.
Subsec. (a). Pub. L. 94-422 reenacted subsec. (a) without change
except for reference to section 485(b)(e) which as originally enacted
read ''section 485(b)-(e)''.
Subsec. (b). Pub. L. 94-422 reenacted subsec. (b) without change.
Subsec. (c)(1). Pub. L. 94-422 substituted ''$300,000,000 for fiscal
year 1977, $600,000,000 for fiscal year 1978, $750,000,000 for fiscal
year 1979, and $900,000,000 for fiscal year 1980 and for each fiscal
year thereafter through September 30, 1989.'' for ''$200,000,000 for
each of the fiscal years 1968, 1969, and 1970, and not less than
$300,000,000 for each fiscal year thereafter through September 30,
1989.''.
Subsec. (c)(2). Pub. L. 94-422 substituted ''equivalent to the
amounts'' for ''amount to $200,000,000 or $300,000,000 for each of such
fiscal years, as''.
1970 -- Subsec. (a)(i). Pub. L. 91-308 purported to substitute ''not
more than $10'' for ''not more than $7''. See 1968 Amendment note
below.
Subsec. (c)(1). Pub. L. 91-485, 1(a), substituted ''fiscal years
1968, 1969, and 1970, and not less than $300,000,000 for each fiscal
year thereafter through June 30, 1989'' for ''five fiscal years
beginning July 1, 1968, and ending June 30, 1973''.
Subsec. (c)(2). Pub. L. 91-485, 1(b), substituted ''$200,000,000 or
$300,000,000 for each of such fiscal years, as provided in cl. (1),''
for ''$200,000,000 for each of such fiscal years,''.
1968 -- Subsec. (a). Pub. L. 90-401, 1(a), redesignated subsec. (b)
as (a). Former subsec. (a), except for the fourth paragraph thereof,
established a system of admission and user fees for all Federal
recreation areas and was eliminated. The fourth paragraph covering the
repeal of provisions prohibiting the collection of recreation fees and
user charges was redesignated as section 10 of Pub. L. 88-587 and is set
out as section 460l-10c.
Subsecs. (b), (c). Pub. L. 90-401, 1(a), 2, added subsec. (c) and
redesignated former subsecs. (b) and (c) as (a) and (b), respectively.
1965 -- Subsec. (a). Pub. L. 89-72 substituted ''notwithstanding any
other provision of law:'' for ''notwithstanding any provision of law
that such proceeds shall be credited to miscellaneous receipts of the
Treasury:'' and ''or affect any contract heretofore entered into by the
United States that provides that such revenues collected at particular
Federal areas shall be credited to specific purposes'' for ''of any
provision of law that provides that any fees or charges collected at
particular Federal areas shall be used for or credited to specific
purposes or special funds as authorized by that provision of law.''
Section 1(d) of Pub. L. 90-401, as amended by section 1 of Pub. L.
91-308, provided that: ''The provisions of subsections (a) and (c) of
this section (amending this section) shall be effective December 31,
1971. Until that date revenues derived from the subsection (a) that is
repealed by this section shall continue to be covered into the fund.''
Pub. L. 90-401, 1(b), July 15, 1968, 82 Stat. 354, relating to
admission and user fees for Federal recreation areas and facilities, was
repealed by Pub. L. 92-347, 1, July 11, 1972, 86 Stat. 459.
Ex. Ord. No. 11200, Feb. 26, 1965, 30 F.R. 2645, provided:
WHEREAS it is desirable that all American people of present and
future generations be assured adequate outdoor recreation resources, and
it is desirable for all levels of government and private interests to
take prompt and coordinated action to the extent practicable without
diminishing or affecting their respective powers and functions to
conserve, develop, and utilize such resources for the benefit and
enjoyment of the American people; and
WHEREAS these resources are to a considerable extent located on lands
administered by the Federal Government through the National Park
Service, the Bureau of Land Management, the Bureau of Sport Fisheries
and Wildlife, the Bureau of Reclamation, the Forest Service, the Corps
of Engineers, the Tennessee Valley Authority and the United States
Section of the International Boundary and Water Commission (United
States and Mexico); and
WHEREAS the Act of May 28, 1963, 77 Stat. 49 (sections 460l to
460l-3 of the title), vested the Secretary of the Interior with legal
authority to promote coordination of Federal plans and activities
generally relating to outdoor recreation; and
WHEREAS it is fair and equitable that the users of certain recreation
areas and facilities managed by such agencies pay a reasonable fee for
the recreation benefits received; and
WHEREAS it is desirable to establish uniformity of practices among
such Federal agencies regarding recreation user fees and related
matters; and
WHEREAS the Congress, recognizing the need for urgent and effective
action in this regard, enacted the Land and Water Conservation Fund Act
of 1965, Public Law 88-578; 78 Stat. 897 (sections 460l-4 to 460l-11
of this title) (hereafter in this order referred to as ''the Act'');
NOW, THEREFORE, by virtue of the authority vested in me by the Act,
by Section 301 of title 3 of the United States Code, and as President of
the United States, it is ordered as follows:
Section 1. Designation of areas for 1965. (a) All areas
administered by the National Park Service, Bureau of Land Management,
Bureau of Sport Fisheries and Wildlife, Bureau of Reclamation, Forest
Service, Corps of Engineers, Tennessee Valley Authority, and the United
States Section of the International Boundary and Water Commission
(United States and Mexico), at which entrance, admission, or other
recreation user fees (hereafter in this order referred to as
''recreation user fees'') were collected directly by those Federal
agencies during any part of 1964 are hereby designated, pursuant to
Section 2(a) of the Act (subsec. (a) of this section), as areas at which
recreation user fees shall be charged during 1965.
(b) The Secretary of the Interior, the Secretary of Agriculture, the
Secretary of Defense, the Board of Directors of the Tennessee Valley
Authority, and the Commissioner, United States Section of the
International Boundary and Water Commission (United States and Mexico),
or their designees, shall, by April 1, 1965, designate any additional
areas under their respective jurisdictions at which recreation user fees
are to be charged during 1965.
(c) Recreation user fees for such areas shall be prescribed as
provided in Section 5 of this Order.
Sec. 2. Designation of areas for years after 1965. (a) Subject to
the provisions of subsection (b) of this section, the areas designated
by Section 1(a), or pursuant to Section 1(b), of this Order are hereby
designated as areas for which recreation user fees shall be charged for
years after 1965.
(b) The officials described in Section 1(b) of this Order shall,
before January 1, 1966, and at least annually thereafter, review all
areas then under their respective jurisdictions, including those
described in subsection (a) of this section, to determine (1) whether
any additional areas should, in accordance with the designation criteria
prescribed by Section 3 of this Order (or under those designation
criteria as revised by the Secretary of the Interior pursuant to Section
6(c) of this Order), be designated as areas for which recreation user
fees shall be charged, or (2) whether the recreation user fee for any
area theretofore designated should be increased, reduced, or eliminated
under the designation criteria then in effect.
(c)(1) Whenever, in accordance with subsection (b) of this section,
it is determined that the recreation user fee for an area should be
reduced or eliminated, such action shall be taken forthwith.
(2) Whenever, in accordance with subsection (b) of this section, it
is determined that a recreation user fee should be charged with respect
to an area with respect to which no such fee has theretofore been
charged, such new fee shall be charged only after the posting
requirements of Section 4 of this Order have been satisfied.
Sec. 3. Criteria for designation of areas. Areas shall, in
accordance with Section 1(b) and Section 2(b) of this Order and to the
extent permitted by the Act, be designated as areas at which recreation
user fees shall be charged if the following conditions are found to
exist concurrently:
(1) The area is administered by any of the eight agencies specified
in Section 1(a) of this Order;
(2) The area is administered primarily for scenic, scientific,
historical, cultural, or recreational purposes;
(3) The area has recreation facilities or services provided at
Federal expense; and
(4) The nature of the area is such that fee collection is
administratively and economically practical.
(b) Areas designated as those at which recreation user fees shall be
charged shall hereafter in this Order be referred to as ''designated
areas.''
Sec. 4. Posting of designated areas. The heads of administering
agencies and departments shall provide for the posting of signs at all
designated areas such as will clearly notify the visiting public that
recreation user fees are charged therein. All areas designated pursuant
to Sections 1 and 2 of this Order shall be so posted prior to the
beginning of the recreation season or as soon as practicable following
designation. No recreation user fee established pursuant to this Order
shall be effective with respect to any designated area until that
designated area has been posted.
Sec. 5. Establishment of fees. (a) Each official described in
Section 1(b) of this Order shall, subject to the criteria prescribed by
the Secretary of the Interior, establish a recreation user fee for each
designated area administered under his jurisdiction by selecting from a
schedule of fees, prescribed by the Secretary of the Interior pursuant
to Section 6 of this Order, the fee which is appropriate for each such
designated area under criteria prescribed by the Secretary pursuant to
that section. Each such official shall also specify which designated
areas shall be excluded from the coverage of the annual fee described in
Section 2(a)(1) of the Act (subsec. (a)(i) of this section) and which,
as a result of that exclusion will be subject to the fee described in
Section 2(a)(iii) of the Act (subsec. (a)(iii) of this section). The
range of recreation user fees to be charged and the criteria for their
selection shall be established under the procedures prescribed by
Section 6 of this Order.
(b) The Secretary of the Interior shall prescribe the procedures for
the production, distribution, and sale of the Land and Water
Conservation Fund Sticker, which shall be issued to those individuals
who elect to pay the annual fees. The Secretary of the Interior shall
also prescribe the manner in which the Sticker shall be displayed. The
conditions under which it may be used shall be determinated under the
procedures prescribed by Section 6 of this Order.
Sec. 6. Coordination. (a) The Secretary of the Interior shall after
consultation with the heads of other affected departments and agencies,
adopt such coordination measures as are necessary to carry out the
purposes of Sections 2(a) and 4(a) of the Act (subsec. (a) of this
section and section 460l-7(a) of this title) and the provisions of this
order.
(b)(1) In order that the purposes of the Act and of this Order may be
effectuated without delay, the Secretary of the Interior shall, subject
to the limitations imposed by the Act and without regard to the other
provisions of this section, forthwith issue a schedule of recreation
user fees and criteria to be used in determining which such fees shall
be charged with respect to each of the designated areas.
(2) Subject to the limitations imposed by the Act and subject to the
provisions of subsections (a), (c), and (d) of this section, the
Secretary of the Interior may, from time to time, amend or replace the
schedule of fees and the criteria prescribed by him pursuant to
subsection (b)(1) of this section.
(c) Subject to the limits set forth in the Act, the measures which
the Secretary of the Interior may adopt pursuant to subsection (a) of
this section may include, but are not limited to, the following --
(1) Initial preparation and coordination of the comprehensive
statement of estimated requirements during the ensuing fiscal year for
appropriations from the Land and Water Conservation Fund, as required by
Section 4(a) of the act (section 460l-7(a) of this title).
(2) Development of such additional procedures and interpretive
materials as are necessary to facilitate the implementation of this
Order and related provisions of the Act.
(3) Review and revision, if needed, of the criteria for designation
set forth in Section 3 of this Order.
(d) Except with respect to the schedule of fees and the criteria
prescribed by the Secretary pursuant to subsection (b)(1) of this
section, measures and regulations adopted by the Secretary pursuant to
this Order shall not become effective until 30 days after they are
presented for the consideration of the other officials described in
Section 1(b). Any such official who does not concur in any such measure
or regulation may, within that 30-day period, refer the matter to the
Recreation Advisory Council established under Executive Order No. 11017
(superseded by Ex. Ord. No. 11278, which in turn was revoked by Ex. Ord.
No. 11472 which is set out as a note under section 4321 of Title 42) for
resolution. If a proposed measure is referred to the Council for
resolution, it shall not become effective until approved by the Council.
With the approval of all other officials described in Section 1(b) of
this Order, the provisions of this subsection may be waived with respect
to any specific measure or regulation adopted by the Secretary of the
Interior pursuant to this order so that any such measure or regulation
may be made effective before the expiration of the 30-day waiting period
prescribed by the first sentence of this subsection.
Sec. 7. Review of contracts. The officials described in Section 1(
b) of this Order shall, within a reasonable time, review all existing
contracts and other arrangements between their respective agencies and
any non-Federal public entity which relate to non-Federal management of
Federally-owned outdoor recreation areas. Special attention shall be
given to any provision in any such contract or other arrangement which
prohibits or discourages in any way such non-Federal public entity from
charging recreation user fees. Unless otherwise prohibited by law, each
such restrictive provision shall be the subject of renegotiation
designed to accomplish a modification thereof that will permit the
charging of recreation user fees.
Sec. 8. Regulations. The Secretary of the Interior is authorized to
issue such regulations as may be necessary to carry out his functions
under this Order.
Lyndon B. Johnson.
Distribution of surplus government property, see section 485 of Title
40, Public Buildings, Property, and Works, and section 1622 of Title 50,
Appendix, War and National Defense.
Uniform application of Pub. L. 90-401, July 15, 1968, classified to
this section and sections 460l-7, 460l-9, 460l-10a to 460l-10c, and
460l-22 of this title, to all areas of national park system when not in
conflict with specific provisions applicable to an area, see section 1c
of this title.
/1/ So in original. Probably should be section ''485(b)-(e)''.
16 USC 460l-5a. Repealed. Pub. L. 100-203, title V, 5201(d)(1), Dec.
22, 1987, 101 Stat. 1330-266
TITLE 16 -- CONSERVATION
Section, Pub. L. 96-514, title I, 100, Dec. 12, 1980, 94 Stat.
2960, provided for revenues received from recreation fee collections by
Federal agencies to be paid into the Land and Water Conservation Fund
and to be available for appropriation for any and all authorized
purposes.
Pub. L. 97-88, title I, 100, Dec. 4, 1981, 95 Stat. 1136, which
related to special recreation use fees collected by, and deposited in
the Treasury by the Corps of Engineers, was repealed by Pub. L.
100-203, title V, 5201(d)(3), Dec. 22, 1987, 101 Stat. 1330-267.
16 USC 460l-6. Appropriations for expenditure of land and water
conservation fund moneys; transfers to miscellaneous receipts of
Treasury
TITLE 16 -- CONSERVATION
Moneys covered into the fund shall be available for expenditure for
the purposes of this part only when appropriated therefor. Such
appropriations may be made without fiscal-year limitation. Moneys made
available for obligation or expenditure from the fund or from the
special account established under section 460l-6a(i)(1) of this title
may be obligated or expended only as provided in this part.
(Pub. L. 88-578. title I, 3, Sept. 3, 1964, 78 Stat. 899; Pub. L.
100-203, title V, 5201(f)(2), Dec. 22, 1987, 101 Stat. 1330-267.)
1987 -- Pub. L. 100-203 amended last sentence generally. Prior to
amendment, last sentence read as follows: ''Moneys covered into this
fund not subsequently authorized by the Congress for expenditures within
two fiscal years following the fiscal year in which such moneys had been
credited to the fund, shall be transferred to miscellaneous receipts of
the Treasury.''
16 USC 460l-6a. Admission and special recreation use fees
TITLE 16 -- CONSERVATION
(a) Admission fees at designated areas; ''Golden Eagle Passport''
annual admission permit; single-visit fees; fee-free travel areas;
''Golden Age Passport'' annual entrance permit; lifetime admission
permit
Entrance or admission fees shall be charged only at designated units
of the National Park System administered by the Department of the
Interior and National Recreation Areas administered by the Department of
Agriculture. No admission fees of any kind shall be charged or imposed
for entrance into any other federally owned areas which are operated and
maintained by a Federal agency and used for outdoor recreation purposes.
(1)(A) For admission into any such designated area, an annual
admission permit (to be known as the Golden Eagle Passport) shall be
available, for a fee of not more than $25. The permittee and any person
accompanying him in a single, private, noncommercial vehicle, or
alternatively, the permittee and his spouse, children, and parents
accompanying him where entry to the area is by any means other than
private, noncommercial vehicle, shall be entitled to general admission
into any area designated pursuant to this subsection. The annual permit
shall be valid during the calendar year for which the annual fee is
paid. The annual permit shall not authorize any uses for which
additional fees are charged pursuant to subsections (b) and (c) of this
section. The annual permit shall be nontransferable and the unlawful
use thereof shall be punishable in accordance with regulations
established pursuant to subsection (e) of this section. The annual
permit shall be available for purchase at any such designated area.
(B) For admission into a specific designated unit of the National
Park System, or into several specific units located in a particular
geographic area, the Secretary is authorized to make available an annual
admission permit for a reasonable fee. The fee shall not exceed $15
regardless of how many units of the park system are covered. The permit
shall convey the privileges of, and shall be subject to the same terms
and conditions as, the Golden Eagle Passport, except that it shall be
valid only for admission into the specific unit or units of the National
Park System indicated at the time of purchase.
(2) Reasonable admission fees for a single visit at any designated
area shall be established by the administering Secretary for persons who
choose not to purchase the annual permit. A ''single visit'' means a
more or less continuous stay within a designated area. Payment of a
single visit admission fee shall authorize exits from and reentries to a
single designated area for a period of from one to fifteen days, such
period to be defined for each designated area by the administering
Secretary based upon a determination of the period of time reasonably
and ordinarily necessary for such a single visit. The fee for a
single-visit permit at any designated area applicable to those persons
entering by private, noncommercial vehicle shall be no more than $5 per
vehicle. The single-visit permit shall admit the permittee and all
persons accompanying him in a single vehicle. The fee for a
single-visit permit at any designated area applicable to those persons
entering by any means other than a private noncommercial vehicle shall
be no more than $3 per person. Except as otherwise provided in this
subsection, the maximum fee amounts set forth in this paragraph shall
apply to all designated areas.
(3) No admission fee shall be charged for travel by private,
non-commercial vehicle over any national parkway or any road or highway
established as a part of the National Federal Aid System, as defined in
section 101 of title 23, which is commonly used by the public as a means
of travel between two places either or both of which are outside the
area. Nor shall any fee be charged for travel by private, noncommercial
vehicle over any road or highway to any land in which such person has
any property right if such land is within any such designated area. In
the Smoky Mountains National Park, unless fees are charged for entrance
into said park on main highways and thoroughfares, fees shall not be
charged for entrance on other routes into said park or any part thereof.
Notwithstanding any other provision of this part, no admission fee may
be charged at any unit of the National Park System which provides
significant outdoor recreation opportunities in an urban environment and
to which access is publicly available at multiple locations.
(4) The Secretary of the Interior and the Secretary of Agriculture
shall establish procedures providing for the issuance of a lifetime
admission permit (to be known as the ''Golden Age Passport'') to any
citizen of, or person domiciled in, the United States sixty-two years of
age or older applying for such permit. Such permit shall be
nontransferable, shall be issued without charge, and shall entitle the
permittee and any person accompanying him in a single, private,
noncommercial vehicle, or alternatively, the permittee and his spouse
and children accompanying him where entry to the area is by any means
other than private, noncommercial vehicle, to general admission into any
area designated pursuant to this subsection. No other free permits
shall be issued to any person: Provided, That no fees of any kind shall
be collected from any persons who have a right of access for hunting or
fishing privileges under a specific provision of law or treaty or who
are engaged in the conduct of official Federal, State, or local
Government business and Provided further, That for no more than three
years after the date of enactment of this Act, visitors to the United
States will be granted entrance, without charge, to any designated
admission fee area upon presentation of a valid passport.
(5) The Secretary of the Interior and the Secretary of Agriculture
shall establish procedures providing for the issuance of a lifetime
admission permit to any citizen of, or person domiciled in, the United
States, if such citizen or person applies for such permit, and is blind
or permanently disabled. Such procedures shall assure that such permit
shall be issued only to persons who have been medically determined to be
blind or permanently disabled for purposes of receiving benefits under
Federal law as a result of said blindness or permanent disability as
determined by the Secretaries. Such permit shall be nontransferable,
shall be issued without charge, and shall entitle the permittee and any
person accompanying him in a single, private, noncommercial vehicle, or
alternatively, the permittee and his spouse and children accompanying
him where entry to the area is by any means other than private,
noncommercial vehicle, to general admission into any area designated
pursuant to this subsection.
(6)(A) No later than 60 days after December 22, 1987, the Secretary
of the Interior shall submit to the Committee on Interior and Insular
Affairs of the United States House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate a report on
the entrance fees proposed to be charged at units of the National Park
System. The report shall include a list of units of the National Park
System and the entrance fee proposed to be charged at each unit. The
Secretary of the Interior shall include in the report an explanation of
the guidelines used in applying the criteria in subsection (d) of this
section.
(B) Following submittal of the report to the respective committees,
any proposed changes to matters covered in the report, including the
addition or deletion of park units or the increase or decrease of fee
levels at park units shall not take effect until 60 days after notice of
the proposed change has been submitted to the committees.
(7) No admission fee may be charged at any unit of the National Park
System for admission of any person 16 years of age or less.
(8) No admission fee may be charged at any unit of the National Park
System for admission of organized school groups or outings conducted for
educational purposes by schools or other bona fide educational
institutions.
(9) No admission fee may be charged at the following units of the
National Park System: U.S.S. Arizona Memorial, Independence National
Historical Park, any unit of the National Park System within the
District of Columbia, Arlington House -- Robert E. Lee National
Memorial, San Juan National Historic Site, and Canaveral National
Seashore.
(10) For each unit of the National Park System where an admission fee
is collected, the Director shall annually designate at least one day
during periods of high visitation as a ''Fee-Free Day'' when no
admission fee shall be charged.
(11) In the case of the following parks, the fee for a single-visit
permit applicable to those persons entering by private, noncommercial
vehicle (the permittee and all persons accompanying him in a single
vehicle) shall be no more than $10 per vehicle and the fee for a
single-visit permit applicable to persons entering by any means other
than a private noncommercial vehicle shall be no more than $5 per
person: Yellowstone National Park and Grand Teton National Park and
after the end of fiscal year 1990, Grand Canyon National Park. In the
case of Yellowstone and Grand Teton, a single-visit fee collected at one
unit shall also admit the vehicle or person who paid such fee for a
single-visit to the other unit.
(12) Notwithstanding section 410hh-2 of this title, the Secretary may
charge an admission fee under this section at Denali National Park and
Preserve in Alaska.
(b) Recreation use fees; collection; campgrounds at lakes or
reservoirs under jurisdiction of Corps of Engineers; fees for Golden
Age Passport permittees
Each Federal agency developing, administering, providing or
furnishing at Federal expense, specialized outdoor recreation sites,
facilities, equipment, or services shall, in accordance with this
subsection and subsection (d) of this section, provide for the
collection of daily recreation use fees at the place of use or any
reasonably convenient location: Provided, That in no event shall there
be a charge by any such agency for the use, either singly or in any
combination, of drinking water, wayside exhibits, roads, overlook sites,
visitors' centers, scenic drives, toilet facilities, picnic tables, or
boat ramps: Provided, however, That a fee shall be charged for boat
launching facilities only where specialized facilities or services such
as mechanical or hydraulic boat lifts or facilities are provided: And
provided further, That in no event shall there be a charge for the use
of any campground not having the following -- tent or trailer spaces,
drinking water, access road, refuse containers, toilet facilities,
personal collection of the fee by an employee or agent of the Federal
agency operating the facility, reasonable visitor protection, and simple
devices for containing a campfire (where campfires are permitted). At
each lake or reservoir under the jurisdiction of the Corps of Engineers,
United States Army, where camping is permitted, such agency shall
provide at least one primitive campground, containing designated
campsites, sanitary facilities, and vehicular access, where no charge
shall be imposed. Any Golden Age Passport permittee, or permittee under
paragraph (5) of subsection (a) of this section, shall be entitled upon
presentation of such permit to utilize such special recreation
facilities at a rate of 50 per centum of the established use fee.
(c) Special recreation permits
Special recreation permits for uses such as group activities,
recreation events, motorized recreation vehicles, and other specialized
recreation uses may be issued in accordance with procedures and at fees
established by the agency involved.
(d) Criteria, posting and uniformity of fees
All fees established pursuant to this section shall be fair and
equitable, taking into consideration the direct and indirect cost to the
Government, the benefits to the recipient, the public policy or interest
served, the comparable recreation fees charged by non-Federal public
agencies, the economic and administrative feasibility of fee collection
and other pertinent factors.
Clear notice that a fee has been established pursuant to this section
shall be prominently posted at each area and at appropriate locations
therein and shall be included in publications distributed at such areas.
It is the intent of this part that comparable fees should be charged by
the several Federal agencies for comparable services and facilities.
(e) Rules and regulations; establishment; enforcement powers;
penalty for violations
In accordance with the provisions of this section, the heads of
appropriate departments and agencies may prescribe rules and regulations
for areas under their administration for the collection of any fee
established pursuant to this section. Persons authorized by the heads
of such Federal agencies to enforce any such rules or regulations issued
under this subsection may, within areas under the administration or
authority of such agency head and with or, if the offense is committed
in his presence, without a warrant, arrest any person who violates such
rules and regulations. Any person so arrested may be tried and
sentenced by the United States magistrate judge specifically designated
for that purpose by the court by which he was appointed, in the same
manner and subject to the same conditions as provided in subsections
(b), (c), (d), and (e) of section 3401 of title 18. Any violations of
the rules and regulations issued under this subsection shall be
punishable by a fine of not more than $100.
(f) Contracts with public or private entities for visitor reservation
services
The head of any Federal agency, under such terms and conditions as he
deems appropriate, may contract with any public or private entity to
provide visitor reservation services. Any such contract may provide
that the contractor shall be permitted to deduct a commission to be
fixed by the agency head from the amount charged the public for
providing such services and to remit the net proceeds therefrom to the
contracting agency.
(g) Federal and State laws unaffected
Nothing in this part shall authorize Federal hunting or fishing
licenses or fees or charges for commercial or other activities not
related to recreation, nor shall it affect any rights or authority of
the States with respect to fish and wildlife, nor shall it repeal or
modify any provision of law that permits States or political
subdivisions to share in the revenues from Federal lands or any
provision of law that provides that any fees or charges collected at
particular Federal areas shall be used for or credited to specific
purposes or special funds as authorized by that provision of law.
(h) Annual reports to Congress
Periodic reports indicating the number and location of fee collection
areas, the number and location of potential fee collection areas,
capacity and visitation information, the fees collected, and other
pertinent data, shall be coordinated and compiled by the Bureau of
Outdoor Recreation and transmitted to the Committees on Interior and
Insular Affairs of the United States House of Representatives and United
States Senate. Such reports, which shall be transmitted no later than
March 31 annually, shall include any recommendations which the Bureau
may have with respect to improving this aspect of the land and water
conservation fund program.
(i) Covering of fees collected into special account for agency
established in Treasury; covered agencies; availability of funds;
allocation of National Park Service funds
(1) Except in the case of fees collected by the United States Fish
and Wildlife Service or the Tennessee Valley Authority, all receipts
from fees collected pursuant to this section by any Federal agency (or
by any public or private entity under contract with a Federal agency)
shall be covered into a special account for that agency established in
the Treasury of the United States. Fees collected by the Secretary of
Agriculture pursuant to this subsection shall continue to be available
for the purposes of distribution to States and counties in accordance
with applicable law.
(2) Amounts covered into the special account for each agency during
each fiscal year shall, after the end of such fiscal year, be available
for appropriation solely for the purposes and in the manner provided in
this subsection. No funds shall be transferred from fee receipts made
available under this part to each unit of the national park system: /1/
Provided, however, That in making appropriations, funds derived from
such fees may be used for any purpose authorized therein. Funds
credited to the special account shall remain available until expended.
(3) For agencies other than the National Park Service, such funds
shall be made available for resource protection, research,
interpretation, and maintenance activities related to resource
protection in areas managed by that agency at which outdoor recreation
is available. To the extent feasible, such funds should be used for
purposes (as provided for in this paragraph) which are directly related
to the activities which generated the funds, including but not limited
to water-based recreational activities and camping.
(4) Amounts covered into the special account for the National Park
Service shall be allocated among park system units in accordance with
subsection (j) of this section for obligation or expenditure by the
Director of the National Park Service for the following purposes:
(A) In the case of receipts from the collection of admission fees:
for resource protection, research, and interpretation at units of the
National Park System.
(B) In the case of receipts from the collection of user fees: for
resource protection, research, interpretation, and maintenance
activities related to resource protection at units of the National Park
System.
(j) Funds available to National Park Service; required allocations;
computations; unexpended funds
(1) 10 percent of the funds made available to the Director of the
National Park Service under subsection (i) of this section in each
fiscal year shall be allocated among units of the National Park System
on the basis of need in a manner to be determined by the Director.
(2) 40 percent of the funds made available to the Director of the
National Park Service under subsection (i) of this section in each
fiscal year shall be allocated among units of the National Park System
in accordance with paragraph (3) of this subsection and 50 percent shall
be allocated in accordance with paragraph (4) of this subsection.
(3) The amount allocated to each unit under this paragraph for each
fiscal year shall be a fraction of the total allocation to all units
under this paragraph. The fraction for each unit shall be determined by
dividing the operating expenses at that unit during the prior fiscal
year by the total operating expenses at all units during the prior
fiscal year.
(4) The amount allocated to each unit under this paragraph for each
fiscal year shall be a fraction of the total allocation to all units
under this paragraph. The fraction for each unit shall be determined by
dividing the user fees and admission fees collected under this section
at that unit during the prior fiscal year by the total of user fees and
admission fees collected under this section at all units during the
prior fiscal year.
(5) Amounts allocated under this subsection to any unit for any
fiscal year and not expended in that fiscal year shall remain available
for expenditure at that unit until expended.
(k) Selling of permits and collection of fees by volunteers at
designated areas; collecting agency duties; surety bonds; selling of
annual admission permits by public and private entities under
arrangements with collecting agency head
When authorized by the head of the collecting agency, volunteers at
designated areas may sell permits and collect fees authorized or
established pursuant to this section. The head of such agency shall
ensure that such volunteers have adequate training regarding --
(1) the sale of permits and the collection of fees,
(2) the purposes and resources of the areas in which they are
assigned, and
(3) the provision of assistance and information to visitors to the
designated area.
The Secretary shall require a surety bond for any such volunteer
performing services under this subsection. Funds available to the
collecting agency may be used to cover the cost of any such surety bond.
The head of the collecting agency may enter into arrangements with
qualified public or private entities pursuant to which such entities may
sell (without cost to the United States) annual admission permits
(including Golden Eagle Passports) at any appropriate location. Such
arrangements shall require each such entity to reimburse the United
States for the full amount to be received from the sale of such permits
at or before the agency delivers the permits to such entity for sale.
(l) Charge for transportation provided by National Park Service for
viewing National Park System units; charge in lieu of admission fee;
maximum charge; apportionment and expenditure of charges
(1) Where the National Park Service provides transportation to view
all or a portion of any unit of the National Park System, the Director
may impose a charge for such service in lieu of an admission fee under
this section. The charge imposed under this paragraph shall not exceed
the maximum admission fee under subsection (a) of this section.
(2) Notwithstanding any other provision of law, half of the charges
imposed under paragraph (1) shall be retained by the unit of the
National Park System at which the service was provided. The remainder
shall be covered into the special account referred to in subsection (i)
of this section in the same manner as receipts from fees collected
pursuant to this section. Fifty percent of the amount retained shall be
expended only for maintenance of transportation systems at the unit
where the charge was imposed. The remaining 50 percent of the retained
amount shall be expended only for activities related to resource
protection at such units.
(m) Admission fee at National Park System units where primary public
access is provided by concessioner; maximum fee
Where the primary public access to a unit of the National Park System
is provided by a concessioner, the Secretary may charge an admission fee
at such units only to the extent that the total of the fee charged by
the concessioner for access to the unit and the admission fee does not
exceed the maximum amount of the admission fee which could otherwise be
imposed under subsection (a) of this section.
(Pub. L. 88-578, title I, 4, as added Pub. L. 92-347, 2, July 11,
1972, 86 Stat. 459, and amended Pub. L. 93-81, 1, 2, Aug. 1, 1973, 87
Stat. 178, 179; Pub. L. 93-303, 1, June 7, 1974, 88 Stat. 192; Pub.
L. 96-344, 9, Sept. 8, 1980, 94 Stat. 1135; Pub. L. 100-203, title V,
5201(a)-(c), Dec. 22, 1987, 101 Stat. 1330-263, 1330-264; Pub. L.
101-650, title III, 321, Dec. 1, 1990, 104 Stat. 5117.)
The words ''three years after the date of enactment of this Act'',
referred to in subsec. (a)(4), refer to the enactment of Pub. L.
88-578, Sept. 3, 1964, 78 Stat. 897, as amended. Pub. L. 88-578,
which enacted sections 460l-4 to 460l-11 of this title, was approved
Sept. 3, 1964; Pub. L. 92-347, which enacted this section, was
approved July 11, 1972.
1987 -- Subsec. (a)(1). Pub. L. 100-203, 5201(a)(1), (2), designated
existing provisions as subpar. (A) and substituted ''$25'' for ''$10'',
and added subpar. (B).
Subsec. (a)(2). Pub. L. 100-203, 5201(a)(3), inserted at end ''The
fee for a single-visit permit at any designated area applicable to those
persons entering by private, noncommercial vehicle shall be no more than
$5 per vehicle. The single-visit permit shall admit the permittee and
all persons accompanying him in a single vehicle. The fee for a
single-visit permit at any designated area applicable to those persons
entering by any means other than a private noncommercial vehicle shall
be no more than $3 per person. Except as otherwise provided in this
subsection, the maximum fee amounts set forth in this paragraph shall
apply to all designated areas.''
Subsec. (a)(3). Pub. L. 100-203, 5201(a)(4), inserted at end
''Notwithstanding any other provision of this part, no admission fee may
be charged at any unit of the National Park System which provides
significant outdoor recreation opportunities in an urban environment and
to which access is publicly available at multiple locations.''
Subsec. (a)(6) to (12). Pub. L. 100-203, 5201(a)(5), added pars.
(6) to (12).
Subsec. (f). Pub. L. 100-203, 5201(b), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: ''Except
as otherwise provided by law or as may be required by lawful contracts
entered into prior to September 3, 1964, providing that revenues
collected at particular Federal areas shall be credited to specific
purposes, all fees which are collected by any Federal agency shall be
covered into a special account in the Treasury of the United States to
be administered in conjunction with, but separate from, the revenues in
the Land and Water Conservation Fund: Provided, That the head of any
Federal agency, under such terms and conditions as he deems appropriate,
may contract with any public or private entity to provide visitor
reservation services; and any such contract may provide that the
contractor shall be permitted to deduct a commission to be fixed by the
agency head from the amount charged the public for providing such
services and to remit the net proceeds therefrom to the contracting
agency. Revenues in the special account shall be available for
appropriation, without prejudice to appropriations from other sources
for the same purposes, for any authorized outdoor recreation function of
the agency by which the fees were collected: Provided, however, That
not more than forty per centum of the amount so credited may be
appropriated during the five fiscal years following the enactment of
this Act for the enhancement of the fee collection system established by
this section, including the promotion and enforcement thereof.''
Subsecs. (i) to (m). Pub. L. 100-203, 5201(c), added subsecs. (i) to
(m).
1980 -- Subsec. (a)(2). Pub. L. 96-344, 9(1), substituted provision
defining ''single visit'' as a more or less continuous stay within a
designated area and providing that payment of a single visit admission
authorizes exits from and reentries to a single designated area for a
period of from one to fifteen days, such period to be determined by the
administrating Secretary, for provision defining ''single visit'' as the
length of time a visitor remained within the exterior boundary of a
designated fee area beginning from the first day he entered until he
left, except that on the same day the admission fee was paid, the
visitor could leave and reenter without paying an additional admission
fee.
Subsec. (a)(5). Pub. L. 96-344, 9(2), added par. (5).
Subsec. (b). Pub. L. 96-344, 9(3), inserted '', or permittee under
paragraph (5) of subsection (a) of this section,'' after ''Passport
permittee''.
1974 -- Subsec. (a). Pub. L. 93-303, 1(b), inserted ''which are
operated and maintained by a Federal agency and'' after ''areas''.
Subsec. (a)(1). Pub. L. 93-303, 1(c), among other changes,
substituted ''The permittee'' for ''Any person purchasing the annual
permit'', inserted provisions authorizing the permittee and his spouse,
children, and parents accompanying him to enter an area where entry is
by any means other than private, noncommercial vehicles, changed
provisions which relate to the purchase of the annual permit to allow
its sale at any designated area instead of through the offices of the
Secretary of the Interior and the Secretary of Agriculture, through all
post offices of the first- and second-class, and at such other offices
as the Postmaster General directed, and struck out provisions which
empowered the Secretary of the Interior to transfer to the Postal
Service from the permit receipts such funds as are adequate to reimburse
the Postal Service for the cost of the service.
Subsec. (a)(2). Pub. L. 93-303, 1(d), struck out ''or who enter such
an area by means other than by private, noncommercial vehicle'' after
''annual permit'' in first sentence. See subsec. (a)(1) of this
section.
Subsec. (a)(4). Pub. L. 93-303, 1(e), substituted ''a lifetime
admission permit'' for ''an annual entrance permit'', limited the
issuance of this permit to citizens of, or persons domiciled in the
United States, and inserted provisions to allow the permittee and his
spouse and children accompanying him to enter an area which entry is by
any means other than private, noncommercial vehicle.
Subsec. (b). Pub. L. 93-303, 1(f), (g), among other changes,
substituted ''daily recreation use fee'' for ''special recreation use
fees'', authorized a fee for boat launching facilities where specialized
facilities or services such as mechanical or hydraulic boat lifts or
facilities are provided, required the Corps of Engineers to provide at
least one primitive campground where no charge shall be imposed at each
lake or reservoir under its jurisdiction, incorporated provisions
formerly in subsec. (b)(1) allowing any Golden Age Passport permittee
to utilize the recreation facilities at a rate of 50 per centum of the
established use fee, struck out the remainder of former subsec. (b)(1)
which related to determination of daily use fees for overnight
occupancy, and redesignated former subsec. (b)(2) as (c).
Subsec. (c). Pub. L. 93-303, 1(g), redesignated subsec. (b)(2) as
(c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 93-303, 1(g), (h), redesignated subsec. (c) as
(d), and substituted therein ''a fee has been established pursuant to
this section'' for ''an admission fee or special recreation use fee has
been established''.
Subsec. (e). Pub. L. 93-303, 1(g), (i), redesignated subsec. (d) as
(e), and substituted therein ''collection of any fee established
pursuant to this section'' for ''collection of any entrance fee and/or
special recreation use fee, as the case may be''.
Subsec. (f). Pub. L. 93-303, 1(g), (j), redesignated subsec. (e) as
(f), and inserted provisions therein empowering the head of any Federal
agency to contract with any public or private entity to provide visitor
reservation services.
Subsecs. (g), (h). Pub. L. 93-303, 1(g), redesignated subsecs. (f)
and (g) as (g) and (h), respectively.
1973 -- Subsec. (a)(2). Pub. L. 93-81, 2, inserted definition of
''single visit''.
Subsec. (b). Pub. L. 93-81, 1, inserted in opening paragraph the
proviso that there shall be no charge for the day use or recreational
use of facilities such as picnic areas, boat ramps, where no mechanical
or hydraulic equipment is provided, drinking water, wayside exhibits,
roads, trails, overlook sites, visitors' centers, scenic drives and
toilet facilities and that no fee be charged for access to or use of
campground not having flush restrooms, showers, access and circulatory
roads, sanitary disposal stations, visitor protection control,
designated tent or trailer spaces, refuse containers and potable water.
''United States magistrate judge'' substituted for ''United States
magistrate'' in subsec. (e) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
Enforcement functions of Secretary or other official in Department of
the Interior related to compliance with rights-of-way across recreation
lands issued under this part and such functions of Secretary or other
official in Department of Agriculture, insofar as they involve lands and
programs under jurisdiction of that Department, related to compliance
with this part with respect to pre-construction, construction, and
initial operation of transportation system for Canadian and Alaskan
natural gas transferred to Federal Inspector, Office of Federal
Inspector for Alaska Natural Gas Transportation System, until first
anniversary of date of initial operation of Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979,
102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376,
effective July 1, 1979, set out in the Appendix to Title 5, Government
Organization and Employees.
Section 5201(e) of Pub. L. 100-203 directed Secretary of the
Interior to assess extent to which traffic congestion and overcrowding
occurs at certain park system units during times of seasonally high
usage and to conduct a study of (A) feasibility of reducing vehicular
traffic within national park system units through fee reductions for
visitors traveling by bus and through other means which could shift
visitation from automobiles to buses, and (B) feasibility of encouraging
more even seasonal distribution of visitation, with study to include a
pilot project to be carried out in Yosemite National Park, and a report
containing results of study to be transmitted to Committee on Interior
and Insular Affairs of House of Representatives and to Committee on
Energy and Natural Resources of Senate within 3 years after Dec. 22,
1987.
Pub. L. 100-55, June 19, 1987, 101 Stat. 371, provided: ''That,
notwithstanding any other provision of law, after the date of enactment
of this Act (June 19, 1987), the Secretary of the Interior shall not
charge any entrance or admission fee at the Statue of Liberty National
Monument, New Jersey and New York.''
For provisions that all recreation use fees collected by, and
deposited in the Treasury by the Corps of Engineers, including those
recreation use fees collected and so deposited since December 12, 1980,
be deposited in a separate account credited to, and eligible for
appropriation to, the Corps of Engineers in accordance with the
provisions of subsec. (f) of this section, see section 100 of Pub. L.
97-88, set out as a note under section 460l-5a of this title.
Section 3(a) of Pub. L. 92-347 provided that: ''The Secretary of
the Interior may establish and collect use or royalty fees for the
manufacture, reproduction, or use of 'The Golden Eagle Insignia',
originated by the Department of the Interior and announced in the
December 3, 1970, issue of the Federal Register (35 Federal Register
18376) as the official symbol for Federal recreation areas designated
for recreation fee collection. Any fees collected pursuant to this
subsection shall be covered into the Land and Water Conservation Fund.''
Section 3(d) of Pub. L. 92-347 provided that: ''The rights in 'The
Golden Eagle Insignia' under this Act (which enacted this section and
section 715 of title 18, enacted notes set out hereunder, and repealed
note set out under section 460l-5 of this title), shall terminate if the
use by the Secretary of the Interior of 'The Golden Eagle Insignia' is
abandoned. Nonuse for a continuous period of two years shall constitute
abandonment.''
/1/ So in original. Probably should be ''National Park System:''.
16 USC 460l-6b. Repealed. Pub. L. 100-203, title V, 5201(d)(2), Dec.
22, 1987, 101 Stat. 1330-267
TITLE 16 -- CONSERVATION
Section, Pub. L. 96-87, title IV, 402, Oct. 12, 1979, 93 Stat.
666; Pub. L. 96-487, title II, 202(3)(a), Dec. 2, 1980, 94 Stat.
2382, prohibited entrance or admission fees in excess of amounts in
effect January 1, 1979, at any unit of the National Park System and user
fees for transportation services and facilities in Denali National Park,
Alaska.
16 USC 460l-7. Allocation of land and water conservation fund for State
and Federal purposes
TITLE 16 -- CONSERVATION
There shall be submitted with the annual budget of the United States
a comprehensive statement of estimated requirements during the ensuing
fiscal year for appropriations from the fund. Not less than 40 per
centum of such appropriations shall be available for Federal purposes.
Those appropriations from the fund up to and including $600,000,000 in
fiscal year 1978 and up to and including $750,000,000 in fiscal year
1979 shall continue to be allocated in accordance with this section.
There shall be credited to a special account within the fund
$300,000,000 in fiscal year 1978 and $150,000,000 in fiscal year 1979
from the amounts authorized by section 460l-5 of this title. Amounts
credited to this account shall remain in the account until appropriated.
Appropriations from the special account shall be available only with
respect to areas existing and authorizations enacted prior to the
convening of the Ninety-fifth Congress, for acquisition of lands,
waters, or interests in lands or waters within the exterior boundaries,
as aforesaid, of --
(1) the national park system;
(2) national scenic trails;
(3) the national wilderness preservation system;
(4) federally administered components of the National Wild and Scenic
Rivers System; and
(5) national recreation areas administered by the Secretary of
Agriculture.
(Pub. L. 88-578, title I, 5, formerly 4, Sept. 3, 1964, 78 Stat.
900; Pub. L. 90-401, 3, July 15, 1968, 82 Stat. 355, renumbered Pub.
L. 92-347, 2, July 11, 1972, 86 Stat. 459, and amended Pub. L. 94-273,
3(4), Apr. 21, 1976, 90 Stat. 376; Pub. L. 94-422, title I, 101(2),
Sept. 28, 1976, 90 Stat. 1314; Pub. L. 95-42, 1(2), June 10, 1977, 91
Stat. 210.)
The convening of the Ninety-fifth Congress, referred to in text, took
place on Jan. 4, 1977.
1977 -- Pub. L. 95-42 inserted last four sentences providing that
appropriations from the fund up to and including $600,000,000 in fiscal
year 1978 and up to and including $750,000,000 in fiscal year 1979
continue to be allocated in accordance with this section, that there be
credited to a special account within the fund $300,000,000 in fiscal
year 1978 and $150,000,000 in fiscal year 1979 from the amounts
authorized by section 460l-5 of this title, that amounts credited to
this account remain in the account until appropriated, and that
appropriations from the special account be available only with respect
to areas existing and authorizations enacted prior to the convening of
the Ninety-fifth Congress, for acquisition of lands, waters, or
interests in lands or waters within the exterior boundaries of the
national park system, national scenic trails, the national wilderness
preservation system, federally administered components of the National
Wild and Scenic Rivers System, and national recreation areas
administered by the Secretary of Agriculture.
1976 -- Pub. L. 94-422 revised subsec. (a), striking out
designation ''(a)'' and striking out provisions relating to the
authority of the President to vary percentages of the fund to be made
available to the States and Federal government, and struck out subsec.
(b) relating to advance appropriations to be allocated for State and
Federal purposes and the schedule and procedure for repayment of such
appropriations.
Subsec. (b). Pub. L. 94-273 substituted ''October'' for ''July''
wherever appearing.
1968 -- Subsec. (b). Pub. L. 90-401 substituted ''until the end of
fiscal year 1969'' for ''for a total of eight years'' in provision
spelling out the term during which the advance appropriations are
authorized from moneys in the Treasury not otherwise appropriated in
amounts averaging not more than $60,000,000 for each fiscal year.
16 USC 460l-8. Financial assistance to States
TITLE 16 -- CONSERVATION
(a) Authority of Secretary of the Interior; payments to carry out
purposes of land and water conservation provisions
The Secretary of the Interior (hereinafter referred to as the
''Secretary'') is authorized to provide financial assistance to the
States from moneys available for State purposes. Payments may be made
to the States by the Secretary as hereafter provided, subject to such
terms and conditions as he considers appropriate and in the public
interest to carry out the purposes of this part, for outdoor recreation:
(1) planning, (2) acquisition of land, waters, or interests in land or
waters, or (3) development.
(b) Apportionment among States; finality of administrative
determination; formula; notification; reapportionment of unobligated
amounts; definition of State
Sums appropriated and available for State purposes for each fiscal
year shall be apportioned among the several States by the Secretary,
whose determination shall be final, in accordance with the following
formula:
(1) Forty per centum of the first $225,000,000; thirty per centum of
the next $275,000,000; and twenty per centum of all additional
appropriations shall be apportioned equally among the several States;
and
(2) At any time, the remaining appropriation shall be apportioned on
the basis of need to individual States by the Secretary in such amounts
as in his judgment will best accomplish the purposes of this part. The
determination of need shall include among other things a consideration
of the proportion which the population of each State bears to the total
population of the United States and of the use of outdoor recreation
resources of individual States by persons from outside the State as well
as a consideration of the Federal resources and programs in the
particular States.
(3) The total allocation to an individual State under paragraphs (1)
and (2) of this subsection shall not exceed 10 per centum of the total
amount allocated to the several States in any one year.
(4) The Secretary shall notify each State of its apportionments; and
the amounts thereof shall be available thereafter for payment to such
State for planning, acquisition, or development projects as hereafter
prescribed. Any amount of any apportionment that has not been paid or
obligated by the Secretary during the fiscal year in which such
notification is given and for two fiscal years thereafter shall be
reapportioned by the Secretary in accordance with paragraph (2) of this
subsection, without regard to the 10 per centum limitation to an
individual State specified in this subsection.
(5) For the purposes of paragraph (1) of this subsection, the
District of Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands (when such
islands achieve Commonwealth status) shall be treated collectively as
one State, and shall receive shares of such apportionment in proportion
to their populations. The above listed areas shall be treated as States
for all other purposes of this title.
(c) Matching requirements
Payments to any State shall cover not more than 50 per centum of the
cost of planning, acquisition, or development projects that are
undertaken by the State. The remaining share of the cost shall be borne
by the State in a manner and with such funds or services as shall be
satisfactory to the Secretary. No payment may be made to any State for
or on account of any cost or obligation incurred or any service rendered
prior to September 3, 1964.
(d) Comprehensive State plan; necessity; adequacy; contents;
correlation with other plans; factors for formulation of Housing and
Home Finance Agency financed plans; planning projects; wetlands
consideration; wetlands priority plan
A comprehensive statewide outdoor recreation plan shall be required
prior to the consideration by the Secretary of financial assistance for
acquisition or development projects. The plan shall be adequate if, in
the judgment of the Secretary, it encompasses and will promote the
purposes of this part: Provided, That no plan shall be approved unless
the Governor of the respective State certifies that ample opportunity
for public participation in plan development and revision has been
accorded. The Secretary shall develop, in consultation with others,
criteria for public participation, which criteria shall constitute the
basis for the certification by the Governor. The plan shall contain --
(1) the name of the State agency that will have authority to
represent and act for the State in dealing with the Secretary for
purposes of this part;
(2) an evaluation of the demand for and supply of outdoor recreation
resources and facilities in the State;
(3) a program for the implementation of the plan; and
(4) other necessary information, as may be determined by the
Secretary.
The plan shall take into account relevant Federal resources and
programs and shall be correlated so far as practicable with other State,
regional, and local plans. Where there exists or is in preparation for
any particular State a comprehensive plan financed in part with funds
supplied by the Housing and Home Finance Agency, any statewide outdoor
recreation plan prepared for purposes of this part shall be based upon
the same population, growth, and other pertinent factors as are used in
formulating the Housing and Home Finance Agency financed plans.
The Secretary may provide financial assistance to any State for
projects for the preparation of a comprehensive statewide outdoor
recreation plan when such plan is not otherwise available or for the
maintenance of such plan.
For fiscal year 1988 and thereafter each comprehensive statewide
outdoor recreation plan shall specifically address wetlands within that
State as an important outdoor recreation resource as a prerequisite to
approval, except that a revised comprehensive statewide outdoor
recreation plan shall not be required by the Secretary, if a State
submits, and the Secretary, acting through the Director of the National
Park Service, approves, as a part of and as an addendum to the existing
comprehensive statewide outdoor recreation plan, a wetlands priority
plan developed in consultation with the State agency with responsibility
for fish and wildlife resources and consistent with the national
wetlands priority conservation plan developed under section 3921 of this
title or, if such national plan has not been completed, consistent with
the provisions of that section /1/
(e) Projects for land and water acquisition; development
In addition to assistance for planning projects, the Secretary may
provide financial assistance to any State for the following types of
projects or combinations thereof if they are in accordance with the
State comprehensive plan:
(1) For the acquisition of land, waters, or interests in land or
waters, or wetland areas and interests therein as identified in the
wetlands provisions of the comprehensive plan (other than land, waters,
or interests in land or waters acquired from the United States for less
than fair market value), but not including incidental costs relating to
acquisition.
Whenever a State provides that the owner of a single-family residence
may, at his option, elect to retain a right of use and occupancy for not
less than six months from the date of acquisition of such residence and
such owner elects to retain such a right, such owner shall be deemed to
have waived any benefits under sections 4623, 4624, 4625, and 4626 of
title 42 and for the purposes of those sections such owner shall not be
considered a displaced person as defined in section 4601(6) of title 42.
(2) For development of basic outdoor recreation facilities to serve
the general public, including the development of Federal lands under
lease to States for terms of twenty-five years or more: Provided, That
no assistance shall be available under this part to enclose or shelter
facilities normally used for outdoor recreation activities, but the
Secretary may permit local funding, and after September 28, 1976, not to
exceed 10 per centum of the total amount allocated to a State in any one
year to be used for sheltered facilities for swimming pools and ice
skating rinks in areas where the Secretary determines that the severity
of climatic conditions and the increased public use thereby made
possible justifies the construction of such facilities.
(f) Requirements for project approval; conditions; progress
payments; payments to Governors or State officials or agencies; State
transfer of funds to public agencies; conversion of property to other
uses; reports to Secretary; accounting; records; audit; evaluations
by States; discrimination prohibited
(1) Payments may be made to States by the Secretary only for those
planning, acquisition, or development projects that are approved by him.
No payment may be made by the Secretary for or on account of any
project with respect to which financial assistance has been given or
promised under any other Federal program or activity, and no financial
assistance may be given under any other Federal program or activity for
or on account of any project with respect to which such assistance has
been given or promised under this part. The Secretary may make payments
from time to time in keeping with the rate of progress toward the
satisfactory completion of individual projects: Provided, That the
approval of all projects and all payments, or any commitments relating
thereto, shall be withheld until the Secretary receives appropriate
written assurance from the State that the State has the ability and
intention to finance its share of the cost of the particular project,
and to operate and maintain by acceptable standards, at State expense,
the particular properties or facilities acquired or developed for public
outdoor recreation use.
(2) Payments for all projects shall be made by the Secretary to the
Governor of the State or to a State official or agency designated by the
Governor or by State law having authority and responsibility to accept
and to administer funds paid hereunder for approved projects. If
consistent with an approved project, funds may be transferred by the
State to a political subdivision or other appropriate public agency.
(3) No property acquired or developed with assistance under this
section shall, without the approval of the Secretary, be converted to
other than public outdoor recreation uses. The Secretary shall approve
such conversion only if he finds it to be in accord with the then
existing comprehensive statewide outdoor recreation plan and only upon
such conditions as he deems necessary to assure the substitution of
other recreation properties of at least equal fair market value and of
reasonably equivalent usefulness and location.: /2/ Provided, That
wetland areas and interests therein as identified in the wetlands
provisions of the comprehensive plan and proposed to be acquired as
suitable replacement property within that same State that is otherwise
acceptable to the Secretary, acting through the Director of the National
Park Service, shall be considered to be of reasonably equivalent
usefulness with the property proposed for conversion.
(4) No payment shall be made to any State until the State has agreed
to (1) provide such reports to the Secretary, in such form and
containing such information, as may be reasonably necessary to enable
the Secretary to perform his duties under this part, and (2) provide
such fiscal control and fund accounting procedures as may be necessary
to assure proper disbursement and accounting for Federal funds paid to
the State under this part.
(5) Each recipient of assistance under this part shall keep such
records as the Secretary shall prescribe, including records which fully
disclose the amount and the disposition by such recipient of the
proceeds of such assistance, the total cost of the project or
undertaking in connection with which such assistance is given or used,
and the amount and nature of that portion of the cost of the project or
undertaking supplied by other sources, and such other records as will
facilitate an effective audit.
(6) The Secretary, and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access for
the purpose of audit and examination to any books, documents, papers,
and records of the recipient that are pertinent to assistance received
under this part.
(7) Each State shall evaluate its grant programs annually under
guidelines set forth by the Secretary and shall transmit, so as to be
received by the Secretary no later than December 31, such evaluation to
the Secretary, together with a list of all projects funded during that
fiscal year, including, but not limited to, a description of each
project, the amount of Federal funds employed in such project, the
source of other funds, and the estimated cost of completion of the
project. Such evaluation and the publication of same shall be eligible
for funding on a 50-50 matching basis. The results of the evaluation
shall be annually reported on a fiscal year basis to the Bureau of
Outdoor Recreation, which agency shall forward a summary of such reports
to the Committees on Interior and Insular Affairs of the United States
Congress by no later than March 1 of each year. Such report to the
committees shall also include an analysis of the accomplishments of the
fund for the period reported, and may also include recommendations as to
future improvements for the operation of the Land and Water Conservation
Fund program.
(8) With respect to property acquired or developed with assistance
from the fund, discrimination on the basis of residence, including
preferential reservation or membership systems, is prohibited except to
the extent that reasonable differences in admission and other fees may
be maintained on the basis of residence.
(g) Coordination with Federal agencies
In order to assure consistency in policies and actions under this
part with other related Federal programs and activities (including those
conducted pursuant to title VII of the Housing Act of 1961 (42 U. S.C.
1500 et seq.) and section 701 of the Housing Act of 1954 (40 U.S. C.
461)) and to assure coordination of the planning, acquisition, and
development assistance to States under this section with other related
Federal programs and activities, the President may issue such
regulations with respect thereto as he deems desirable and such
assistance may be provided only in accordance with such regulations.
(Pub. L. 88-578, title I, 6, formerly 5, Sept. 3, 1964, 78 Stat.
900, renumbered Pub. L. 92-347, 2, July 11, 1972, 86 Stat. 459, and
amended Pub. L. 93-303, 2, June 7, 1974, 88 Stat. 194; Pub. L. 94-422,
title I, 101(3), Sept. 28, 1976, 90 Stat. 1314; Pub. L. 95-625, title
VI, 606, Nov. 10, 1978, 92 Stat. 3519; Pub. L. 99-645, title III, 303,
Nov. 10, 1986, 100 Stat. 3587.)
The Housing Act of 1961, referred to in subsec. (g), is Pub. L.
87-70, June 30, 1961, 75 Stat. 149, as amended. Title VII of the
Housing Act of 1961 was classified generally to chapter 8C ( 1500 et
seq.) of Title 42, The Public Health and Welfare, and was omitted from
the Code pursuant to section 5316 of Title 42 which terminated authority
to make grants or loans under title VII of that Act after Jan. 1, 1975.
For complete classification of this Act to the Code, see Short Title of
1961 Amendment note set out under section 1701 of Title 12, Banks and
Banking, and Tables.
Section 461 of title 40, referred to in subsec. (g), was repealed by
Pub. L. 97-35, title III, 313(b), Aug. 13, 1981, 95 Stat. 398.
1986 -- Subsec. (d). Pub. L. 99-645, 303(1), inserted provision
requiring that for fiscal year 1988 and thereafter, each comprehensive
statewide outdoor recreation plan specifically address wetlands within
the State as an important outdoor recreation resource, or alternatively,
submission of a wetlands priority plan developed in consultation with
the State agency responsible for fish and wildlife resources in the
State.
Subsec. (e)(1). Pub. L. 99-645, 303(2), inserted '', or wetland areas
and interests therein as identified in the wetlands provisions of the
comprehensive plan''.
Subsec. (f)(3). Pub. L. 99-645, 303(3), inserted provision that
wetland areas and interests therein as identified in the wetlands
provisions of the comprehensive plan and proposed to be acquired as
suitable replacement property within that same State that is otherwise
acceptable to the Secretary, acting through the Director of the National
Park Service, shall be considered to be of reasonably equivalent
usefulness with the property proposed for conversion.
1978 -- Subsec. (f)(7). Pub. L. 95-625 provided that grant program
evaluations be transmitted so as to be received by the Secretary no
later than December 31 and that reports to Congressional committees be
made by no later than March 1 of each year.
1976 -- Subsec. (a). Pub. L. 94-422 reenacted subsec. (a) without
change.
Subsec. (b)(1). Pub. L. 94-422 substituted ''Forty per centum of the
first $275,000,000; thirty per centum of the next $275,000,000; and
twenty per centum of all additional appropriations'' for ''two-fifths''.
Subsec. (b)(2). Pub. L. 94-422 substituted ''At any time, the
remaining appropriations'' for ''three-fifths''.
Subsec. (b)(3). Pub. L. 94-422 designated as par. (3) the first
paragraph following par. (2), and substituted ''10 per centum'' for ''7
per centum''.
Subsec. (b)(4). Pub. L. 94-422 designated as par. (4) the second
paragraph following par. (2), and substituted ''in accordance with
paragraph 2 of this subsection, without regard to the 10 per centum
limitation to an individual State specified in this subsection'' for
''in accordance with paragraph 2 of this subsection''.
Subsec. (b)(5). Pub. L. 94-422 designated as par. (5) the third
paragraph following par. (2), and added Northern Mariana Islands to
those areas to be treated and provision that such areas be treated
collectively as one State for purposes of subsec. (b)(1) and
substituted requirement that a State shall receive shares of
apportionment in proportion to their population for requirement that the
State's population shall be included as part of the total population in
computing apportionment under subsec. (b)(2).
Subsec. (c). Pub. L. 94-422 reenacted subsec. (c) without change.
Subsec. (d). Pub. L. 94-422 inserted proviso that no plan shall be
approved unless certified by the Governor that public participation in
plan development and revision has been accorded and that the Secretary
shall develop criteria for public participation to form basis of
certification by Governor.
Subsec. (e). Pub. L. 94-422 inserted proviso that no assistance shall
be available under this part to enclose or shelter facilities normally
used for outdoor recreation activities and authorized Secretary to
permit local funding after Sept. 28, 1976, not to exceed 10 per centum
of total amount allocated to States.
Subsec. (f). Pub. L. 94-422 designated existing six paragraphs as
pars. (1) to (6), respectively, and added pars. (7) and (8).
Subsec. (g). Pub. L. 94-422 reenacted subsec. (g) without change.
1974 -- Subsec. (e)(1). Pub. L. 93-303 inserted sentence relating to
waiver of benefits by an owner of a single-family residence who elects
to retain a right of use and occupancy for not less than six months from
the date of acquisition of the residence.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
Ex. Ord. No. 11237, July 27, 1965, 30 F.R. 9433, which related to
coordinating planning and acquisition of land under outdoor recreation
and open space programs, was revoked by Ex. Ord. No. 12553, Feb. 25,
1986, 51 F.R. 7237.
/1/ So in original. Probably should be followed by a period.
/2/ So in original. The period probably should not appear.
16 USC 460l-9. Allocation of land and water conservation fund moneys
for Federal purposes
TITLE 16 -- CONSERVATION
(a) Allowable purposes and subpurposes; acquisition of land and
waters and interests therein; offset for specified capital costs
Moneys appropriated from the fund for Federal purposes shall, unless
otherwise alloted in the appropriation Act making them available, be
allotted by the President to the following purposes and subpurposes:
(1) For the acquisition of land, waters, or interests in land or
waters as follows:
National Park System; recreation areas -- Within the exterior
boundaries of areas of the National Park System now or hereafter
authorized or established and of areas now or hereafter authorized to be
administered by the Secretary of the Interior for outdoor recreation
purposes.
National Forest System -- Inholdings within (a) wilderness areas of
the National Forest System, and (b) other areas of national forests as
the boundaries of those forests exist on the effective date of this Act,
or purchase units approved by the National Forest Reservation Commission
subsequent to the date of this Act, all of which other areas are
primarily of value for outdoor recreation purposes: Provided, That
lands outside of but adjacent to an existing national forest boundary,
not to exceed three thousand acres in the case of any one forest, which
would comprise an integral part of a forest recreational management area
may also be acquired with moneys appropriated from this fund: Provided
further, That except for areas specifically authorized by Act of
Congress, not more than 15 per centum of the acreage added to the
National Forest System pursuant to this section shall be west of the
100th meridian.
National Wildlife Refuge System -- Acquisition for (a) endangered
species and threatened species authorized under section 1534(a) of this
title; (b) areas authorized by section 460k-1 of this title; (c)
national wildlife refuge areas under section 742f(a)(4) of this title
and wetlands acquired under section 3922 of this title; (d) any areas
authorized for the National Wildlife Refuge System by specific Acts.
(2) For payment into miscellaneous receipts of the Treasury as a
partial offset for those capital costs, if any, of Federal water
development projects hereafter authorized to be constructed by or
pursuant to an Act of Congress which are allocated to public recreation
and the enhancement of fish and wildlife values and financed through
appropriations to water resource agencies.
(3) Appropriations allotted for the acquisition of land, waters, or
interests in land or waters as set forth under the headings ''National
Park System; Recreation Areas'' and ''National Forest System'' in
paragraph (1) of this subsection shall be available therefor
notwithstanding any statutory ceiling on such appropriations contained
in any other provision of law enacted prior to the convening of the
Ninety-fifth Congress or, in the case of national recreation areas,
prior to the convening of the Ninety-sixth Congress; except that for
any such area expenditures may not exceed a statutory ceiling during any
one fiscal year by 10 per centum of such ceiling or $1,000,000,
whichever is greater. The Secretary of the Interior shall, prior to the
expenditure of funds which would cause a statutory ceiling to be
exceeded by $1,000,000 or more, and with respect to each expenditure of
$1,000,000 or more in excess of such a ceiling, provide written notice
of such proposed expenditure not less than thirty calendar days in
advance to the Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources of the
Senate.
(b) Acquisition restrictions
Appropriations from the fund pursuant to this section shall not be
used for acquisition unless such acquisition is otherwise authorized by
law: Provided, however, That appropriations from the fund may be used
for preacquisition work in instances where authorization is imminent and
where substantial monetary savings could be realized.
(c) Boundary changes; donations
Whenever the Secretary of the Interior determines that to do so will
contribute to, and is necessary for, the proper preservation,
protection, interpretation, or management of an area of the national
park system, he may, following timely notice in writing to the Committee
on Interior and Insular Affairs of the House of Representatives and to
the Committee on Energy and Natural Resources of the Senate of his
intention to do so, and by publication of a revised boundary map or
other description in the Federal Register, (i) make minor revisions of
the boundary of the area, and moneys appropriated from the fund shall be
available for acquisition of any lands, waters, and interests therein
added to the area by such boundary revision subject to such statutory
limitations, if any, on methods of acquisition and appropriations
thereof as may be specifically applicable to such area: Provided,
however, That such authority shall apply only to those boundaries
established subsequent to January 1, 1965; and (ii) acquire by
donation, purchase with donated funds, transfer from any other Federal
agency, or exchange, lands, waters, or interests therein adjacent to
such area, except that in exercising his authority under this clause
(ii) the Secretary may not alienate property administered as part of the
national park system in order to acquire lands by exchange, the
Secretary may not acquire property without the consent of the owner, and
the Secretary may acquire property owned by a State or political
subdivision thereof only by donation. Prior to making a determination
under this subsection, the Secretary shall consult with the duly elected
governing body of the county, city, town, or other jurisdiction or
jurisdictions having primary taxing authority over the land or interest
to be acquired as to the impacts of such proposed action, and he shall
also take such steps as he may deem appropriate to advance local public
awareness of the proposed action. Lands, waters, and interests therein
acquired in accordance with this subsection shall be administered as
part of the area to which they are added, subject to the laws and
regulations applicable thereto.
(Pub. L. 88-578, title I, 7, formerly 6, Sept. 3, 1964, 78 Stat.
903; Pub. L. 90-401, 1(c), July 15, 1968, 82 Stat. 355; renumbered
Pub. L. 92-347, 2, July 11, 1972, 86 Stat. 459, and amended Pub. L.
93-205, 13(c), Dec. 28, 1973, 87 Stat. 902; Pub. L. 94-422, title I,
101(4), Sept. 28, 1976, 90 Stat. 1317; Pub. L. 95-42, 1(3)-(5), June
10, 1977, 91 Stat. 210, 211; Pub. L. 96-203, 2, Mar. 10, 1980, 94 Stat.
81; Pub. L. 99-645, title III, 302, Nov. 10, 1986, 100 Stat. 3587.)
The effective date of this Act, referred to in subsec. (a)(1), means
the effective date of Pub. L. 88-578, which was Jan. 1, 1965. See
Effective Date note set out under section 460l-4 of this title.
The convening of the Ninety-fifth Congress, referred to in subsec.
(a)(3), took place on Jan. 4, 1977.
The convening of the Ninety-sixth Congress, referred to in subsec.
(a)(3), took place on Jan. 15, 1979.
1986 -- Subsec. (a)(1). Pub. L. 99-645, in provisions relating to
the National Wildlife Refuge System, substituted ''national wildlife
refuge areas under section 742f(a)(4) of this title and wetlands
acquired under section 3922 of this title'' for ''national wildlife
refuge areas under section 742f(a)(5) of this title except migratory
waterfowl areas which are authorized to be acquired by the Migratory
Bird Conservation Act of 1929, as amended''.
1980 -- Subsec. (a)(3). Pub. L. 96-203, 2(1), inserted provisions
relating to applicability to national recreation areas.
Subsec. (c). Pub. L. 96-203, 2(2), substituted ''apply only to those
boundaries established subsequent to January 1, 1965'' for ''expire ten
years from the date of enactment of the authorizing legislation
establishing such boundaries''.
1977 -- Subsec. (a)(3). Pub. L. 95-42, 1(3), added par. (3).
Subsec. (b). Pub. L. 95-42, 1(4), inserted proviso that
appropriations from the fund may be used for preacquisition work in
instances where authorization is imminent and where substantial monetary
savings could be realized.
Subsec. (c). Pub. L. 95-42, 1(5), added subsec. (c).
1976 -- Subsec. (a)(1). Pub. L. 94-422 in paragraph designated
''National Forest System'' inserted ''or purchase units approved by the
National Forest Reservation Commission, subsequent to September 3, 1965,
all of'' after ''January 1, 1965,'' and substituted ''three thousand''
for ''five hundred'' and incorporated provisions contained in paragraphs
designated ''Endangered Species and Threatened Species'' and
''Recreation at refuges'' into paragraph designated ''National Wildlife
Refuge System'' inserting references to section 742f(a)(5) of this
title, the Migratory Bird Conservation Act of 1929, and areas authorized
for the National Wildlife Refuge System by specific Acts.
Subsec. (b). Pub. L. 94-422 reenacted subsec. (b) without change.
1973 -- Subsec. (a)(1). Pub. L. 93-205 substituted reference to
''Endangered species and threatened species'' followed by a definition
covering ''lands, waters, or interests therein, the acquisition of which
is authorized under section 1533(a) of this title, needed for the
purpose of conserving endangered or threatened species of fish or
wildlife or plants'' for a reference to ''Threatened species'' followed
by a definition covering ''any national area which may be authorized for
the preservation of species of fish or wildlife that are threatened with
extinction''.
1968 -- Subsec. (a). Pub. L. 90-401 struck out ''in substantially
the same proportion as the number of visitor-days in areas and projects
hereinafter described for which admission fees are charged under section
460l-5 of this title'' after ''purposes and subpurposes'' in text
preceding par. (1).
Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section 16
of Pub. L. 93-205, set out as an Effective Date note under section 1531
of this title.
For effective date of amendment by Pub. L. 90-401, see section 1(d)
of Pub. L. 90-401, as amended by section 1 of Pub. L. 91-308, set out
as a note under section 460l-5 of this title.
16 USC 460l-10. Availability of land and water conservation fund for
publicity purposes; standardized temporary signing; standards and
guidelines
TITLE 16 -- CONSERVATION
Moneys derived from the sources listed in section 460l-5 of this
title shall not be available for publicity purposes: Provided, however,
That in each case where significant acquisition or development is
initiated, appropriate standardized temporary signing shall be located
on or near the affected site, to the extent feasible, so as to indicate
the action taken is a product of funding made available through the Land
and Water Conservation Fund. Such signing may indicate the per centum
and dollar amounts financed by Federal and non-Federal funds, and that
the source of the funding includes moneys derived from Outer Continental
Shelf receipts. The Secretary shall prescribe standards and guidelines
for the usage of such signing to assure consistency of design and
application.
(Pub. L. 88-578, title I, 8, formerly 7, Sept. 3, 1964, 78 Stat.
903, renumbered Pub. L. 92-347, 2, July 11, 1972, 86 Stat. 459, and
amended Pub. L. 94-422, title I, 101(5), Sept. 28, 1976, 90 Stat.
1318.)
1976 -- Pub. L. 94-422 inserted proviso that temporary standardized
signs shall be placed at or near any acquisition or development project
undertaken through use of the fund and that the Secretary is to
determine the standards and guidelines of such signing.
16 USC 460l-10a. Contracts for acquisition of lands and waters
TITLE 16 -- CONSERVATION
Not to exceed $30,000,000 of the money authorized to be appropriated
from the fund by section 460l-6 of this title may be obligated by
contract during each fiscal year for the acquisition of lands, waters,
or interests therein within areas specified in section 460l-9(a)(1) of
this title. Any such contract may be executed by the head of the
department concerned, within limitations prescribed by the Secretary of
the Interior. Any such contract so entered into shall be deemed a
contractual obligation of the United States and shall be liquidated with
money appropriated from the fund specifically for liquidation of such
contract obligation. No contract may be entered into for the
acquisition of property pursuant to this section unless such acquisition
is otherwise authorized by Federal law.
(Pub. L. 88-578, title I, 9, formerly 8, as added Pub. L. 90-401, 4,
July 15, 1968, 82 Stat. 355, amended Pub. L. 91-308, 3, July 7, 1970, 84
Stat. 410, renumbered Pub. L. 92-347, 2, July 11, 1972, 86 Stat. 459,
and amended Pub. L. 93-303, 3, June 7, 1974, 88 Stat. 194.)
1974 -- Pub. L. 93-303 substituted ''section 7(a)(1)'' for ''section
6(a)(1)'', which, for purposes of codification, is translated as
''section 460l-9(a)(1)''.
1970 -- Pub. L. 91-308 substituted ''fiscal year'' for ''of fiscal
years 1969 and 1970''.
Provisions rescinding contract authority provided for specific fiscal
years by 16 U.S.C. 460l-10a were contained in the following
appropriation acts:
Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 998.
Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1922.
Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 708.
Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1781.
Pub. L. 100-202, 101(g) (title I), Dec. 22, 1987, 101 Stat.
1329-213, 1329-221.
Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 414.
Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 731.
16 USC 460l-10b. Contracts for options to acquire lands and waters in
national park system
TITLE 16 -- CONSERVATION
The Secretary of the Interior may enter into contracts for options to
acquire lands, waters, or interests therein within the exterior
boundaries of any area the acquisition of which is authorized by law for
inclusion in the national park system. The minimum period of any such
option shall be two years, and any sums expended for the purchase
thereof shall be credited to the purchase price of said area. Not to
exceed $500,000 of the sum authorized to be appropriated from the fund
by section 460l-6 of this title may be expended by the Secretary in any
one fiscal year for such options.
(Pub. L. 88-578, title I, 10, formerly 9, as added Pub. L. 90-401, 4,
July 15, 1968, 82 Stat. 355, and renumbered Pub. L. 92-347, 2, July 11,
1972, 86 Stat. 459.)
16 USC 460l-10c. Repeal of provisions prohibiting collection of
recreation fees or user charges
TITLE 16 -- CONSERVATION
All provisions of law that prohibit the collection of entrance,
admission, or other recreation user fees or charges authorized by this
part or that restrict the expenditure of funds if such fees or charges
are collected are hereby repealed: Provided, That no provision of any
law or treaty which extends to any person or class of persons a right of
free access to the shoreline of any reservoir or other body of water, or
to hunting and fishing along or on such shoreline, shall be affected by
this repealer.
(Pub. L. 88-578, title I, 11, formerly 10, as added Pub. L. 90-401,
1(a), July 15, 1968, 82 Stat. 354, and renumbered Pub. L. 92-347, 2,
July 11, 1972, 86 Stat. 459.)
In addition to the text set out in the section above, the original
contained provisions directing the repeal of section 14 of this title
and the deletion of '', without charge,'' in the sentence of section
460d of this title beginning ''The water areas of all such projects
shall be open to public use generally''. The repeals and deletions
called for by those provisions were executed as thus directed so that
those provisions have been omitted from the text as executed.
Section formerly constituted the fourth paragraph of section 2(a) of
Pub. L. 88-578 which was classified to section 460l-5(a) of this title.
The paragraph was lifted out of section 2(a) and redesignated section
10 by section 1(a) of Pub. L. 90-401, which, for purposes of
classification, resulted in the designation of the paragraph as section
460l-10c of this title (this section).
Section effective Jan. 1, 1965, see note set out under section
460l-4 of this title. Transfer of the provisions of this section from
section 460l-5(a) of this title to this section effective Dec. 31,
1971, see section 1(d) of Pub. L. 90-401, as amended by section 1 of
Pub. L. 91-308, set out as an Effective Date of 1968 Amendment note
under section 460l-5 of this title.
16 USC 460l-10d. Review and report; submittal to Congressional
committees; contents
TITLE 16 -- CONSERVATION
Within one year of September 28, 1976, the Secretary is authorized
and directed to submit to the Committees on Interior and Insular Affairs
of the Senate and House of Representatives a comprehensive review and
report on the needs, problems, and opportunities associated with urban
recreation in highly populated regions, including the resources
potentially available for meeting such needs. The report shall include
site specific analyses and alternatives, in a selection of geographic
environments representative of the Nation as a whole, including, but not
limited to, information on needs, local capabilities for action, major
site opportunities, trends, and a full range of options and alternatives
as to possible solutions and courses of action designed to preserve
remaining open space, ameliorate recreational deficiency, and enhance
recreational opportunity for urban populations, together with an
analysis of the capability of the Federal Government to provide
urban-oriented environmental education programs (including, but not
limited to, cultural programs in the arts and crafts) within such
options. The Secretary shall consult with, and request the views of,
the affected cities, counties, and States on the alternatives and
courses of action identified.
(Pub. L. 88-578, title I, 12, as added Pub. L. 94-422, title I, 101(
6), Sept. 28, 1976, 90 Stat. 1318.)
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
16 USC 460l-11. Transfers to and from land and water conservation fund
TITLE 16 -- CONSERVATION
(a) Motorboat fuel taxes from highway trust fund into conservation
fund
There shall be set aside in the land and water conservation fund in
the Treasury of the United States provided for in this part the amounts
specified in section 9503(c)(4)(B) of title 26 (relating to special
motor fuels and gasoline used in motorboats).
(b) Refunds of gasoline taxes for certain nonhighway purposes or used
by local transit systems and motorboat fuel taxes from conservation fund
into general fund of Treasury
There shall be paid from time to time from the land and water
conservation fund into the general fund of the Treasury amounts
estimated by the Secretary of the Treasury as equivalent to --
(1) the amounts paid before October 1, 1998, under section 6421 of
title 26 (relating to amounts paid in respect of gasoline used for
certain nonhighway purposes or by local transit systems) with respect to
gasoline used after December 31, 1964, in motorboats, on the basis of
claims filed for periods ending before October 1, 1997; and
(2) 80 percent of the floor stocks refunds made before October 1,
1998, under section 6412(a)(2) of title 26 with respect to gasoline to
be used in motorboats.
(Pub. L. 88-578, title II, 201, Sept. 3, 1964, 78 Stat. 904; Pub.
L. 91-605, title III, 302, Dec. 31, 1970, 84 Stat. 1743; Pub. L.
94-273, 3(4), Apr. 21, 1976, 90 Stat. 376; Pub. L. 94-280, title III,
302, May 5, 1976, 90 Stat. 456; Pub. L. 95-599, title V, 503(b), Nov.
6, 1978, 92 Stat. 2757; Pub. L. 97-424, title V, 531(c), Jan. 6, 1983,
96 Stat. 2191; Pub. L. 99-514, 2, title XVIII, 1875(e), Oct. 22, 1986,
100 Stat. 2095, 2897; Pub. L. 100-17, title V, 503(c), Apr. 2, 1987,
101 Stat. 258; Pub. L. 101-508, title XI, 11211(g)(2), Nov. 5, 1990,
104 Stat. 1388-427; Pub. L. 102-240, title VIII, 8002(d)(2)( B), Dec.
18, 1991, 105 Stat. 2204.)
Section 6412(a)(2) of title 26, referred to in subsec. (b)(2), was
redesignated as ''section 6412(a)(1) of title 26'' by Pub. L. 94-455,
1906(22), Oct. 4, 1976, 90 Stat. 1827.
1991 -- Subsec. (b). Pub. L. 102-240 substituted ''1997'' for
''1995'' and ''1998'' for ''1996'' wherever appearing.
1990 -- Subsec. (b). Pub. L. 101-508 substituted ''1995'' for
''1993'' and ''1996'' for ''1994'' wherever appearing.
1987 -- Subsec. (b). Pub. L. 100-17 substituted ''1993'' for
''1988'' and ''1994'' for ''1989'' wherever appearing.
1986 -- Subsec. (a). Pub. L. 99-514, 2, substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954'', which for
purposes of codification was translated as ''title 26'' thus requiring
no change in text.
Pub. L. 99-514, 1875(e), substituted ''section 9503(c)(4)(B) of title
26'' for ''section 209(f)(5) of the Highway Revenue Act of 1956''.
Subsec. (b)(1). Pub. L. 99-514, 2, substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954'', which for purposes
of codification was translated as ''title 26'' thus requiring no change
in text.
1983 -- Subsec. (b). Pub. L. 97-424 substituted ''1989'' for
''1985'' and ''1988'' for ''1984'' wherever appearing.
1978 -- Subsec. (b). Pub. L. 95-599 substituted ''1984'' for
''1979'' and ''1985'' for ''1980'' wherever appearing.
1976 -- Subsec. (b). Pub. L. 94-280 substituted ''1979'' for
''1977'' and ''1980'' for ''1978'' wherever appearing.
Pub. L. 94-273 substituted ''October'' for ''July'' wherever
appearing.
1970 -- Subsec. (b). Pub. L. 91-605 substituted ''1977'' for
''1972'' and ''1978'' for ''1973'' wherever appearing.
Amendment by section 1875(e) of Pub. L. 99-514 effective as if
included in the provision of the Tax Reform Act of 1984, Pub. L.
98-369, to which such amendment relates, except as otherwise provided,
see section 1881 of Pub. L. 99-514, set out as a note under section 48
of Title 26, Internal Revenue Code.
Amendment by Pub. L. 97-424 effective Jan. 1, 1983, see section
531(e) of Pub. L. 97-424, set out as an Effective Date; Savings
Provision note under section 9503 of Title 26, Internal Revenue Code.
Section effective Jan. 1, 1965, see note set out under section
460l-4 of this title.
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) of title XVIII (
1800-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
16 USC Part C -- Water Resources Projects
TITLE 16 -- CONSERVATION
43 sections 508, 1527, 1541.
16 USC 460l-12. Recreation and fish and wildlife benefits of Federal
multiple-purpose water resources projects; Congressional declaration of
policy
TITLE 16 -- CONSERVATION
It is the policy of the Congress and the intent of this part (a) in
investigating and planning any Federal navigation, flood control,
reclamation, hydroelectric, or multiple-purpose water resource project,
full consideration shall be given to the opportunities, if any, which
the project affords for outdoor recreation and for fish and wildlife
enhancement and that, wherever any such project can reasonably serve
either or both of these purposes consistently with the provisions of
this part, it shall be constructed, operated, and maintained
accordingly; (b) planning with respect to the development of the
recreation potential of any such project shall be based on the
coordination of the recreational use of the project area with the use of
existing and planned Federal, State, or local public recreation
developments; and (c) project construction agencies shall encourage
non-Federal public bodies to administer project land and water areas for
recreation and fish and wildlife enhancement purposes and operate,
maintain, and replace facilities provided for those purposes unless such
areas or facilities are included or proposed for inclusion within a
national recreation area, or are appropriate for administration by a
Federal agency as a part of the national forest system, as a part of the
public lands classified for retention in Federal ownership, or in
connection with an authorized Federal program for the conservation and
development of fish and wildlife.
(Pub. L. 89-72, 1, July 9, 1965, 79 Stat. 213.)
This part, referred to in text, was in the original ''this Act'',
meaning Pub. L. 89-72, which enacted sections 460l-12 to 460l-21 of
this title and amended sections 460l-5(a) and 662(d) of this title.
Section 12 of Pub. L. 89-72 provided: ''This Act (enacting this
section and sections 460l-13 to 460l-21 of this title and amending
sections 460l-5(a) and 662(d) of this title), may be cited as the
'Federal Water Project Recreation Act'.''
16 USC 460l-13. Non-Federal administration of project land and water
areas
TITLE 16 -- CONSERVATION
(a) Allocation of costs
If, before authorization of a project, non-Federal public bodies
indicate their intent in writing to agree to administer project land and
water areas for recreation or fish and wildlife enhancement or for both
of these purposes pursuant to the plan for the development of the
project approved by the head of the agency having administrative
jurisdiction over it and to bear not less than one-half the separable
costs of the project allocated to recreation, and to bear one-quarter of
such costs allocated to fish and wildlife enhancement and all the costs
of operation, maintenance, and replacement incurred therefor --
(1) the benefits of the project to said purpose or purposes shall be
taken into account in determining the economic benefits of the project;
(2) costs shall be allocated to said purpose or purposes and to other
purposes in a manner which will insure that all project purposes share
equitably in the advantages of multiple-purpose construction: Provided,
That the costs allocated to recreation or fish and wildlife enhancement
shall not exceed the lesser of the benefits from those functions or the
costs of providing recreation or fish and wildlife enhancement benefits
or reasonably equivalent use and location by the least costly
alternative means; and
(3) not more than one-half the separable costs of the project
allocated to recreation and exactly three-quarters of such costs
allocated to fish and wildlife enhancement and all the joint costs of
the project allocated to recreation and fish and wildlife enhancement
shall be borne by the United States and be nonreimbursable.
Projects authorized during the calendar year 1965 may include
recreation and fish and wildlife enhancement on the foregoing basis
without the required indication of intent. Execution of an agreement as
aforesaid shall be a prerequisite to commencement of construction of any
project to which this subsection is applicable.
(b) Non-Federal share of costs
The non-Federal share of the separable costs of the project allocated
to recreation and fish and wildlife enhancement shall be borne by
non-Federal interests, under either or both of the following methods as
may be determined appropriate by the head of the Federal agency having
jurisdiction over the project: (1) payment, or provision of lands,
interests therein, or facilities for the project; or (2) repayment,
with interest at a rate comparable to that for other interest-bearing
functions of Federal water resource projects, within fifty years of
first use of project recreation or fish and wildlife enhancement
facilities: Provided, That the source of repayment may be limited to
entrance and user fees or charges collected at the project by
non-Federal interests if the fee schedule and the portion of fees
dedicated to repayment are established on a basis calculated to achieve
repayment as aforesaid and are made subject to review and renegotiation
at intervals of not more than five years.
(Pub. L. 89-72, 2, July 9, 1965, 79 Stat. 214; Pub. L. 93-251, title
I, 77(a)(1), (2), Mar. 7, 1974, 88 Stat. 33.)
1974 -- Subsec. (a). Pub. L. 93-251 substituted in text preceding
item (1) ''separable costs of the project allocated to recreation, and
to bear one-quarter of such costs allocated to fish and wildlife
enhancement'' for ''separable costs of the project allocated to either
or both of said purposes, as the case may be'' and in item (3)
''separable costs of the project allocated to recreation and exactly
three-quarters of such costs allocated to fish and wildlife
enhancement'' for ''separable costs'', respectively.
Section 77(b) of Pub. L. 93-251 provided that: ''The amendments
made by this section (amending this section and section 460l-14 of this
title) shall apply to all projects the construction of which is not
substantially completed on the date of enactment of this Act (Mar. 7,
1974).''
Section 77(c) of Pub. L. 93-251 provided that: ''In the case of any
project (1) authorized subject to specific cost-sharing requirements
which were based on the same percentages as those established in the
Federal Water Project Recreation Act (section 460l-12 et seq. of this
title), and (2) construction of which is not substantially completed on
the date of enactment of this Act (Mar. 7, 1974), the cost-sharing
requirements for such project shall be the same percentages as are
established by the amendments made by subsection (a) of this section (to
subsec. (a) of this section and section 460l-14(b)( 1) of this title)
for projects which are subject to the Federal Water Project Recreation
Act (section 460l-12 et seq. of this title).''
16 USC 460l-14. Facilities of project modifications to be provided
without written indication of intent
TITLE 16 -- CONSERVATION
(a) Other project purposes as justification; public health and
safety requirement of minimum facilities at access points; basis for
calculation of benefits; nonreimbursable costs
No facilities or project modifications which will furnish recreation
or fish and wildlife enhancement benefits shall be provided in the
absence of the indication of intent with respect thereto specified in
section 460l-13(a) of this title unless (1) such facilities or
modifications serve other project purposes and are justified thereby
without regard to such incidental recreation or fish and wildlife
enhancement benefits as they may have or (2) they are minimum facilities
which are required for the public health and safety and are located at
access points provided by roads existing at the time of project
construction or constructed for the administration and management of the
project. Calculation of the recreation and fish and wildlife
enhancement benefits in any such case shall be based on the number of
visitor-days anticipated in the absence of recreation and fish and
wildlife enhancement facilities or modifications except as hereinbefore
provided and on the value per visitor-day of the project without such
facilities or modifications. Project costs allocated to recreation and
fish and wildlife enhancement on this basis shall be nonreimbursable.
(b) Preservation of recreation and fish and wildlife enhancement
potential; execution of agreements within ten year period; disposition
of lands in absence of such agreements, prohibition against uses
conflicting with project purposes, and preference to uses promoting and
not detracting from such potential
Notwithstanding the absence of an indication of intent as specified
in section 460l-13(a) of this title, lands may be provided in connection
with project construction to preserve the recreation and fish and
wildlife enhancement potential of the project:
(1) If non-Federal public bodies execute an agreement within ten
years after initial operation of the project (which agreement shall
provide that the non-Federal public bodies will administer project land
and water areas for recreation or fish and wildlife enhancement or both
pursuant to the plan for the development of the project approved by the
head of the agency having administrative jurisdiction over it and will
bear not less than one-half the costs of lands, facilities, and project
modifications provided for recreation, and will bear one-quarter of such
costs for fish and wildlife enhancement, and all costs of operation,
maintenance, and replacement attributable thereto) the remainder of the
costs of lands, facilities, and project modifications provided pursuant
to this paragraph shall be nonreimbursable. Such agreement and
subsequent development, however, shall not be the basis for any
reallocation of joint costs of the project to recreation or fish and
wildlife enhancement.
(2) If, within ten years after initial operation of the project,
there is not an executed agreement as specified in paragraph (1) of this
subsection, the head of the agency having jurisdiction over the project
may utilize the lands for any lawful purpose within the jurisdiction of
his agency, or may offer the land for sale to its immediate prior owner
or his immediate heirs at its appraised fair market value as approved by
the head of the agency at the time of offer or, if a firm agreement by
said owner or his immediate heirs is not executed within ninety days of
the date of the offer, may transfer custody of the lands to another
Federal agency for use for any lawful purpose within the jurisdiction of
that agency, or may lease the lands to a non-Federal public body, or may
transfer the lands to the Administrator of General Services for
disposition in accordance with the surplus property laws of the United
States. In no case shall the lands be used or made available for use
for any purpose in conflict with the purposes for which the project was
constructed, and in every case except that of an offer to purchase made,
as hereinbefore provided, by the prior owner or his heirs preference
shall be given to uses which will preserve and promote the recreation
and fish and wildlife enhancement potential of the project or, in the
absence thereof, will not detract from that potential.
(Pub. L. 89-72, 3, July 9, 1965, 79 Stat. 214; Pub. L. 93-251, title
I, 77(a)(3), Mar. 7, 1974, 88 Stat. 33.)
The surplus property laws of the United States, referred to subsec.
(b)(2), are classified generally to chapter 10 ( 471 et seq.) of Title
40, Public Buildings, Property, and Works.
1974 -- Subsec. (b)(1). Pub. L. 93-251 substituted ''modifications
provided for recreation, and will bear one-quarter of such costs for
fish and wildlife enhancement'' for ''modifications provided for either
or both of those purposes, as the case may be''.
For effective date of amendment by Pub. L. 93-251, see section 77(
b) of Pub. L. 93-251, set out as a note under section 460l-13 of this
title.
16 USC 460l-15. Lease of facilities and lands to non-Federal public
bodies
TITLE 16 -- CONSERVATION
At projects, the construction of which has commenced or been
completed as of July 9, 1965, where non-Federal public bodies agree to
administer project land and water areas for recreation and fish and
wildlife enhancement purposes and to bear the costs of operation,
maintenance, and replacement of existing facilities serving those
purposes, such facilities and appropriate project lands may be leased to
non-Federal public bodies.
(Pub. L. 89-72, 4, July 9, 1965, 79 Stat. 215.)
16 USC 460l-16. Postauthorization development of projects without
allocation or reallocation of costs
TITLE 16 -- CONSERVATION
Nothing herein shall be construed as preventing or discouraging
postauthorization development of any project for recreation or fish and
wildlife enhancement or both by non-Federal public bodies pursuant to
agreement with the head of the Federal agency having jurisdiction over
the project. Such development shall not be the basis for any allocation
or reallocation of project costs to recreation or fish and wildlife
enhancement.
(Pub. L. 89-72, 5, July 9, 1965, 79 Stat. 215.)
16 USC 460l-17. Miscellaneous provisions
TITLE 16 -- CONSERVATION
(a) Project reports; outdoor recreation views; conformity to State
comprehensive plan
The views of the Secretary of the Interior developed in accordance
with section 460l-2 of this title, with respect to the outdoor
recreation aspects shall be set forth in any report of any project or
appropriate unit thereof within the purview of this part. Such views
shall include a report on the extent to which the proposed recreation
and fish and wildlife development conforms to and is in accord with the
State comprehensive plan developed pursuant to section 460l-8(d) of this
title.
(b) Omitted
(c) Migratory waterfowl refuges at Federal projects; expenditure
limitation for acquisition of lands
Expenditures for lands or interests in lands hereafter acquired by
project construction agencies for the establishment of migratory
waterfowl refuges recommended by the Secretary of the Interior at
Federal water resource projects, when such lands or interests in lands
would not have been acquired but for the establishment of a migratory
waterfowl refuge at the project, shall not exceed $28,000,000:
Provided, That the aforementioned expenditure limitation in this
subsection shall not apply to the costs of mitigating damages to
migratory waterfowl caused by such water resource project.
(d) Nonapplication to certain projects
This part shall not apply to the Tennessee Valley Authority, but the
Authority is authorized to recognize and provide for recreational and
other public uses at any dams and reservoirs heretofore or hereafter
constructed in a manner consistent with the promotion of navigation,
flood control, and the generation of electrical energy, as otherwise
required by law, nor to projects constructed under authority of the
Small Reclamation Projects Act, as amended (43 U.S.C. 422a et seq.), or
under authority of the Watershed Protection and Flood Prevention Act, as
amended (16 U.S.C. 1001 et seq.).
(e) Nonapplication to certain other projects
Sections 460l-13, 460l-14, 460l-15, and 460l-16 of this title shall
not apply to nonreservoir local flood control projects, beach erosion
control projects, small boat harbor projects, hurricane protection
projects, or to project areas or facilities authorized by law for
inclusion within a national recreation area or appropriate for
administration by a Federal agency as a part of the national forest
system, as a part of the public lands classified for retention in
Federal ownership, or in connection with an authorized Federal program
for the conservation and development of fish and wildlife.
(f) Interpretation of ''nonreimbursable''
As used in this part, the term ''nonreimbursable'' shall not be
construed to prohibit the imposition of entrance, admission, and other
recreation user fees or charges.
(g) Nonapplication of section 460l-9(a)(2) to nonreimbursable costs
of the United States
Section 460l-9(a)(2) of this title shall not apply to costs allocated
to recreation and fish and wildlife enhancement which are borne by the
United States as a nonreimbursable project cost pursuant to section
460l-13(a) or section 460l-14(b)(1) of this title.
(h) Deposits in Treasury as miscellaneous receipts; deposits of
revenue from conveyance of certain lands in Land and Water Conservation
Fund
All payments and repayment by non-Federal public bodies under the
provisions of this part shall be deposited in the Treasury as
miscellaneous receipts, and revenue from the conveyance by deed, lease,
or otherwise, of lands under section 460l-14(b)(2) of this title shall
be deposited in the Land and Water Conservation Fund.
(Pub. L. 89-72, 6, July 9, 1965, 79 Stat. 216; Pub. L. 94-576, Oct.
21, 1976, 90 Stat. 2728.)
This part, referred to in subsecs. (a), (d), (f), and (h), was in
the original ''this Act'', meaning Pub. L. 89-72, which enacted
sections 460l-12 to 460l-21 of this title and amended sections 460l-5(
a) and 662(d) of this title.
The Small Reclamation Projects Act, referred to in subsec. (d), is
act Aug. 6, 1956, ch. 972, 70 Stat. 1044, as amended, which is
classified generally to subchapter IV ( 422a et seq.) of chapter 12 of
Title 43, Public Lands. For complete classification of this Act to the
Code, see section 422k of Title 43 and Tables.
The Watershed Protection and Flood Prevention Act, referred to in
subsec. (d), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, as amended,
which is classified generally to chapter 18 ( 1001 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 1001 of this title and Tables.
Subsec. (b) of this section amended section 662(d) of this title.
1976 -- Subsec. (d). Pub. L. 94-576 authorized recreational and
other public uses at dams and reservoirs consistent with promotion of
navigation, flood control, and generation of electrical energy.
16 USC 460l-18. Authority of Secretary of the Interior
TITLE 16 -- CONSERVATION
(a) Provision of facilities, acquisition of lands, and provision for
public use and enjoyment of project lands, facilities, and water areas
in coordination with other project purposes; limitation per project;
execution of agreements before providing lands, facilities, and project
modifications
The Secretary is authorized, in conjunction with any reservoir
heretofore constructed by him pursuant to the Federal reclamation laws
or any reservoir which is otherwise under his control, except reservoirs
within national wildlife refuges, to investigate, plan, construct,
operate and maintain, or otherwise provide for public outdoor recreation
and fish and wildlife enhancement facilities, to acquire or otherwise
make available such adjacent lands or interests therein as are necessary
for public outdoor recreation or fish and wildlife use, and to provide
for public use and enjoyment of project lands, facilities, and water
areas in a manner coordinated with the other project purposes:
Provided, That not more than $100,000 shall be available to carry out
the provisions of this subsection at any one reservoir. Lands,
facilities and project modifications for the purposes of this subsection
may be provided only after an agreement in accordance with section
460l-14(b) of this title has been executed.
(b) Agreements with government agencies to promote development and
operation of lands or facilities for recreation and fish and wildlife
enhancement purposes
The Secretary of the Interior is authorized to enter into agreements
with Federal agencies or State or local public bodies for the
administration of project land and water areas and the operation,
maintenance, and replacement of facilities and to transfer project lands
or facilities to Federal agencies or State or local public bodies by
lease agreement or exchange upon such terms and conditions as will best
promote the development and operation of such lands or facilities in the
public interest for recreation and fish and wildlife enhancement
purposes.
(c) Transfer of lands; consent of other Federal agencies to use of
lands for recreation or fish and wildlife purposes; transfers to
Secretary of Agriculture of forest lands; continuing administration of
lands and waters for other project purposes; prohibition against
limitation of authority under existing provisions of law
No lands under the jurisdiction of any other Federal agency may be
included for or devoted to recreation or fish and wildlife purposes
under the authority of this section without the consent of the head of
such agency; and the head of any such agency is authorized to transfer
any such lands to the jurisdiction of the Secretary of the Interior for
purposes of this section. The Secretary of the Interior is authorized
to transfer jurisdiction over project lands within or adjacent to the
exterior boundaries of national forests and facilities thereon to the
Secretary of Agriculture for recreation and other national forest system
purposes; and such transfer shall be made in each case in which the
project reservoir area is located wholly within the exterior boundaries
of a national forest unless the Secretaries of Agriculture and Interior
jointly determine otherwise. Where any project lands are transferred
hereunder to the jurisdiction of the Secretary of Agriculture, the lands
involved shall become national forest lands: Provided, That the lands
and waters within the flow lines of any reservoir or otherwise needed or
used for the operation of the project for other purposes shall continue
to be administered by the Secretary of the Interior to the extent he
determines to be necessary for such operation. Nothing herein shall
limit the authority of the Secretary of the Interior granted by existing
provisions of law relating to recreation or fish and wildlife
development in connection with water resource projects or to disposition
of public lands for such purposes.
(Pub. L. 89-72, 7, July 9, 1965, 79 Stat. 216.)
The Federal reclamation laws, referred to in subsec. (a), are
classified generally to chapter 12 ( 371 et seq.) of Title 43, Public
Lands.
16 USC 460l-19. Feasibility reports
TITLE 16 -- CONSERVATION
Effective on and after July 1, 1966, neither the Secretary of the
Interior nor any bureau nor any person acting under his authority shall
engage in the preparation of any feasibility report under reclamation
law with respect to any water resource project unless the preparation of
such feasibility report has been specifically authorized by law, any
other provision of law to the contrary notwithstanding.
(Pub. L. 89-72, 8, July 9, 1965, 79 Stat. 217.)
Reclamation law, referred to in text, is classified generally to
chapter 12 ( 371 et seq.) of Title 43, Public Lands.
16 USC 460l-20. Construction of projects under certain laws with
allocations to recreation and fish and wildlife enhancement exceeding
allocations to other functions unauthorized; exception
TITLE 16 -- CONSERVATION
Nothing contained in this part shall be taken to authorized or to
sanction the construction under the Federal reclamation laws or under
any Rivers and Harbors or Flood Control Act of any project in which the
sum of the allocations to recreation and fish and wildlife enhancement
exceeds the sum of the allocations to irrigation, hydroelectric power,
municipal, domestic and industrial water supply, navigation, and flood
control, except that this section shall not apply to any such project
for the enhancement of anadromous fisheries, shrimp, or for the
conservation of migratory birds protected by treaty, when each of the
other functions of such a project has, of itself, a favorable
benefit-cost ratio.
(Pub. L. 89-72, 9, July 9, 1965, 79 Stat. 217.)
This part, referred to in text, was in the original ''this Act'',
meaning Pub. L. 89-72, which enacted sections 460l-12 to 460l-21 of
this title and amended sections 460l-5(a) and 662(d) of this title.
The Federal reclamation laws, referred to in text, are classified
generally to chapter 12 ( 371 et seq.) of Title 43, Public Lands.
Rivers and Harbors or Flood Control Act, referred to in text, is
classified principally to Title 33, Navigation and Navigable Waters.
16 USC 460l-21. Definitions
TITLE 16 -- CONSERVATION
As used in this part:
(a) The term ''project'' shall mean a project or any appropriate unit
thereof.
(b) The term ''separable costs,'' as applied to any project purpose,
means the difference between the capital cost of the entire
multiple-purpose project and the capital cost of the project with the
purpose omitted.
(c) The term ''joint costs'' means the difference between the capital
cost of the entire multiple-purpose project and the sum of the separable
costs for all project purposes.
(d) The term ''feasibility report'' shall mean any report of the
scope required by the Congress when formally considering authorization
of the project of which the report treats.
(e) The term ''capital cost'' includes interest during construction,
wherever appropriate.
(Pub. L. 89-72, 10, July 9, 1965, 79 Stat. 218.)
This part, referred to in text, was in the original ''this Act'',
meaning Pub. L. 89-72, which enacted sections 460l-12 to 460l-21 of
this title and amended sections 460l-5(a) and 662(d) of this title.
16 USC Part D -- Land Transfers
TITLE 16 -- CONSERVATION
16 USC 460l-22. Conveyance of property and interests in property in
national park system and miscellaneous areas
TITLE 16 -- CONSERVATION
(a) Freehold and leasehold interests; competitive bidding
With respect to any property acquired by the Secretary of the
Interior within a unit of the national park system or miscellaneous
area, except property within national parks, or within national
monuments of scientific significance, the Secretary may convey a
freehold or leasehold interest therein, subject to such terms and
conditions as will assure the use of the property in a manner which is,
in the judgment of the Secretary, consistent with the purpose for which
the area was authorized by the Congress. In any case in which the
Secretary exercises his discretion to convey such interest, he shall do
so to the highest bidder, in accordance with such regulations as the
Secretary may prescribe, but such conveyance shall be at not less than
the fair market value of the interest, as determined by the Secretary;
except that if any such conveyance is proposed within two years after
the property to be conveyed is acquired by the Secretary, he shall allow
the last owner or owners of record of such property thirty days
following the date on which they are notified by the Secretary in
writing that such property is to be conveyed within which to notify the
Secretary that such owners wish to acquire such interest. Upon
receiving such timely request, the Secretary shall convey such interest
to such person or persons, in accordance with such regulations as the
Secretary may prescribe, upon payment or agreement to pay an amount
equal to the highest bid price.
(b) Exchange of lands; other disposal; equal land values
The Secretary of the Interior is authorized to accept title to any
non-Federal property or interest therein within a unit of the National
Park System or miscellaneous area under his administration, and in
exchange therefor he may convey to the grantor of such property or
interest any Federally-owned property or interest therein under his
jurisdiction which he determines is suitable for exchange or other
disposal and which is located in the same State as the non-Federal
property to be acquired: Provided, however, That timber lands subject
to harvest under a sustained yield program shall not be so exchanged.
Upon request of a State or a political subdivision thereof, or of a
party in interest, prior to such exchange the Secretary or his designee
shall hold a public hearing in the area where the lands to be exchanged
are located. The values of the properties so exchanged, either shall be
approximately equal, or if they are not approximately equal, the values
shall be equalized by the payment of cash to the grantor from funds
appropriated for the acquisition of land for the area, or to the
Secretary as the circumstances require.
(c) Solid waste disposal operations prohibited; exceptions;
regulations
In order to protect the air, land, water, and natural and cultural
values of the National Park System and the property of the United States
therein, no solid waste disposal site (including any site for the
disposal of domestic or industrial solid wastes) may be operated within
the boundary of any unit of the National Park System, other than --
(1) a site which was operating as of September 1, 1984, or
(2) a site used only for disposal of wastes generated within that
unit of the park system so long as such site will not degrade any of the
natural or cultural resources of such park unit.
The Secretary of the Interior shall promulgate regulations to carry
out the provisions of this subsection, including reasonable regulations
to mitigate the adverse effects of solid waste disposal sites in
operation as of September 1, 1984, upon property of the United States.
(d) Proceeds credited to land and water conservation fund
The proceeds received from any conveyance under this section shall be
credited to the land and water conservation fund in the Treasury of the
United States.
(Pub. L. 90-401, 5, July 15, 1968, 82 Stat. 356; Pub. L. 98-506, 2,
Oct. 19, 1984, 98 Stat. 2338.)
1984 -- Subsecs. (c), (d). Pub. L. 98-506 added subsec. (c) and
redesignated former subsec. (c) as (d).
Uniform application of this section to all areas of national park
system when not in conflict with specific provisions applicable to an
area, see section 1c of this title.
16 USC SUBCHAPTER LXX -- OZARK NATIONAL SCENIC RIVERWAYS
TITLE 16 -- CONSERVATION
16 USC 460m. Establishment
TITLE 16 -- CONSERVATION
For the purpose of conserving and interpreting unique scenic and
other natural values and objects of historic interest, including
preservation of portions of the Current River and the Jacks Fork River
in Missouri as free-flowing streams, preservation of springs and caves,
management of wildlife, and provisions for use and enjoyment of the
outdoor recreation resources thereof by the people of the United States,
the Secretary of the Interior (hereinafter referred to as the
''Secretary'') shall designate for establishment as the Ozark National
Scenic Riverways the area (hereinafter referred to as ''such area'')
generally depicted on map numbered NR OZA 7002 entitled ''Proposed Ozark
National Rivers'' dated December 1963 which map is on file for public
inspection in the office of the National Park Service, Department of the
Interior: Provided, That the area so designated shall not include more
than sixty-five thousand acres of land now in private ownership and that
no lands shall be designated within two miles of the present boundaries
of the municipalities of Eminence and Van Buren, Missouri. The
Secretary, with the concurrence of the State, shall designate for
inclusion in the Ozark National Scenic Riverways, the lands composing
Big Springs, Alley Springs, and Round Spring State Parks, and the
Secretary is hereby directed to negotiate with the State for the
donation and the inclusion of such park lands in the Ozark National
Scenic Riverways.
(Pub. L. 88-492, 1, Aug. 27, 1964, 78 Stat. 608.)
16 USC 460m-1. Acquisition of lands, easements, etc.; exchange of
lands; consent of State; reversion to State; administrative
jurisdiction of Federal lands or waters
TITLE 16 -- CONSERVATION
The Secretary may, within the area designated or altered pursuant to
section 460m-3 of this title, acquire lands and interests therein,
including scenic easements, by such means as he may deem to be in the
public interest: Provided, That scenic easements may only be acquired
with the consent of the owner of the lands or waters thereof: And
provided further, That any parcel of land containing not more than five
hundred acres, which borders either the Current River or the Jacks Fork
River, and which is being primarily used for agricultural purposes,
shall be acquired by the Secretary in its entirety unless the owner of
any such parcel consents to the acquisition of a part thereof. Property
so acquired which lies outside the boundary generally depicted on the
map referred to in section 460m of this title may be exchanged by the
Secretary for any land of approximately equal value within the
boundaries. Lands and waters owned by the State of Missouri within such
area may be acquired with the consent of the State and, notwithstanding
any other provision of law, subject to provision for reversion to such
State conditioned upon continued use of the property for National Scenic
Riverway. Federally owned lands or water lying within such area shall,
upon establishment of the area pursuant to section 460m-3 of this title,
be transferred to the administrative jurisdiction of the Secretary,
without transfer of funds, for administration as part of the Ozark
National Scenic Riverways.
(Pub. L. 88-492, 2, Aug. 27, 1964, 78 Stat. 608; Pub. L. 92-272,
title IV, 401, Apr. 11, 1972, 86 Stat. 122.)
1972 -- Pub. L. 92-272 substituted provisions authorizing lands and
waters owned by the State of Missouri to be acquired with the consent of
the State, subject to reversion to such State conditioned upon the
continued use of the property for the National Scenic Riverway, for
provisions authorizing lands and waters owned by the State of Missouri
to be acquired only with the consent of the State.
16 USC 460m-2. Reservation of use and occupancy of improved property
for noncommercial residential purposes; term; valuation
TITLE 16 -- CONSERVATION
Any owner or owners, including beneficial owners (hereinafter in this
section referred to as ''owner''), of improved property on the date of
its acquisition by the Secretary may, as a condition to such
acquisition, retain the right of use and occupancy of the improved
property for noncommercial residential purposes for a term ending at the
death of such owner, or the death of his spouse, or at the death of the
survivor of either of them. The owner shall elect the term to be
reserved. The Secretary shall pay to the owner the fair market value of
the property on the date of such acquisition less the fair market value
on such date of the right retained by the owner.
(Pub. L. 88-492, 3, Aug. 27, 1964, 78 Stat. 608.)
16 USC 460m-3. Publication in Federal Register; alteration of
boundaries; acreage limitation
TITLE 16 -- CONSERVATION
When the Secretary determines that lands and waters, or interests
therein, have been acquired by the United States in sufficient quantity
to provide an administrable unit, he shall declare establishment of the
Ozark National Scenic Riverways by publication of notice in the Federal
Register. The Secretary may thereafter alter such boundaries from time
to time, except that the total acreage in the Ozark National Scenic
Riverways shall not exceed sixty-five thousand acres, exclusive of land
donated by the State of Missouri or its political subdivisions and of
federally owned land transferred pursuant to section 460m-1 of this
title.
(Pub. L. 88-492, 4, Aug. 27, 1964, 78 Stat. 609.)
16 USC 460m-4. Cooperative land development programs; hunting and
fishing
TITLE 16 -- CONSERVATION
(a) Development of comprehensive plans
In furtherance of the purposes of this subchapter, the Secretary is
authorized to cooperate with the State of Missouri, its political
subdivisions, and other Federal agencies and organizations in
formulating comprehensive plans for the Ozark National Scenic Riverways
and for the related watershed of the Current and Jacks Fork Rivers in
Missouri, and to enter into agreements for the implementation of such
plans. Such plans may provide for land use and development programs,
for preservation and enhancement of the natural beauty of the landscape,
and for conservation of outdoor resources in the watersheds of the
Current and Jacks Fork Rivers.
(b) Establishment of hunting and fishing zones and periods
The Secretary shall permit hunting and fishing on lands and waters
under his jurisdiction within the Ozark National Scenic Riverways area
in accordance with applicable Federal and State laws. The Secretary may
designate zones where, and establish periods when, no hunting shall be
permitted, for reasons of public safety, administration, or public use
and enjoyment and shall issue regulations after consultation with the
Conservation Commission of the State of Missouri.
(Pub. L. 88-492, 5, Aug. 27, 1964, 78 Stat. 609.)
16 USC 460m-5. Administration
TITLE 16 -- CONSERVATION
The Ozark National Scenic Riverways shall be administered in
accordance with the provisions of sections 1 and 2 to 4 of this title,
as amended and supplemented, and in accordance with other laws of
general application relating to the areas administered and supervised by
the Secretary through the National Park Service; except that authority
otherwise available to the Secretary for the conservation and management
of natural resources may be utilized to the extent he finds such
authority will further the purposes of this subchapter.
(Pub. L. 88-492, 6, Aug. 27, 1964, 78 Stat. 609.)
16 USC 460m-6. Ozark National Scenic Riverways Commission
TITLE 16 -- CONSERVATION
(a) Establishment; termination
There is hereby established an Ozark National Scenic Riverways
Commission. The Commission shall cease to exist ten years after the
date of establishment of the area pursuant to section 460m-3 of this
title.
(b) Membership; term
The Commission shall be composed of seven members each appointed for
a term of two years by the Secretary as follows:
(1) Four members to be appointed from recommendations made by the
members of the county court in each of the counties in which the Ozark
National Scenic Riverways is situated (Carter, Dent, Shannon, and
Texas), one member from the recommendations made by each such court;
(2) Two members to be appointed from recommendations of the Governor
of the State of Missouri; and
(3) One member to be designated by the Secretary.
(c) Chairman; vacancies
The Secretary shall designate one member to be chairman. Any vacancy
in the Commission shall be filled in the same manner in which the
original appointment was made.
(d) Compensation; travel, subsistence, and other necessary expenses
A member of the Commission shall serve without compensation. The
Secretary shall reimburse members of the Commission for travel,
subsistence, and other necessary expenses incurred by them in the
performance of the duties vested in the Commission.
(e) Consultation of Secretary with Commission with respect to
development matters and execution of provisions for Ozark National
Scenic Riverways
The Secretary or his designee shall from time to time consult with
the members of the Commission with respect to matters relating to the
development of the Ozark National Scenic Riverways, and shall consult
with the members with respect to carrying out the provisions of this
subchapter.
(f) Advice of Commission to Secretary upon referred matters
It shall be the duty of the Commission to render advice to the
Secretary from time to time upon matters which the Secretary may refer
to it for its consideration.
(Pub. L. 88-492, 7, Aug. 27, 1964, 78 Stat. 609.)
16 USC 460m-7. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums (but not
more than $10,804,000 for the acquisition of lands or interests in
lands) as are necessary to carry out the purposes of this subchapter.
(Pub. L. 88-492, 8, Aug. 27, 1964, 78 Stat. 610; Pub. L. 92-272,
title I, 101(7), Apr. 11, 1972, 86 Stat. 120.)
1972 -- Pub. L. 92-272 increased maximum amount authorized to be
appropriated for acquisition of lands or interests in lands from not
more than $7,000,000 to not more than $10,804,000.
16 USC SUBCHAPTER LXXI -- BUFFALO NATIONAL RIVER
TITLE 16 -- CONSERVATION
16 USC 460m-8. Establishment
TITLE 16 -- CONSERVATION
For the purposes of conserving and interpreting an area containing
unique scenic and scientific features, and preserving as a free-flowing
stream an important segment of the Buffalo River in Arkansas for the
benefit and enjoyment of present and future generations, the Secretary
of the Interior (hereinafter referred to as the ''Secretary'') may
establish and administer the Buffalo National River. The boundaries of
the national river shall be as generally depicted on the drawing
entitled ''Proposed Buffalo National River'' numbered NR-BUF-7103 and
dated December 1967, which shall be on file and available for public
inspection in the offices of the National Park Service, Department of
the Interior. The Secretary is authorized to make minor revisions of
the boundaries of the national river when necessary, after advising the
Committees on Interior and Insular Affairs of the United States House of
Representatives and the United States Senate in writing, but the total
acreage within such boundaries shall not exceed ninety-five thousand
seven hundred and thirty acres.
(Pub. L. 92-237, 1, Mar. 1, 1972, 86 Stat. 44.)
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
16 USC 460m-9. Acquisition of lands and waters
TITLE 16 -- CONSERVATION
(a) Donation, purchase, and exchange; reimbursement of State of
Arkansas
Within the boundaries of the Buffalo National River, the Secretary
may acquire lands and waters or interests therein by donation, purchase
or exchange, except that lands owned by the State of Arkansas or a
political subdivision thereof may be acquired only by donation:
Provided, That the Secretary may, with funds appropriated for
development of the area, reimburse such State for its share of the cost
of facilities developed on State park lands if such facilities were
developed in a manner approved by the Secretary and if the development
of such facilities commenced subsequent to March 1, 1972: Provided
further, That such reimbursement shall not exceed a total of $375,000.
When an individual tract of land is only partly within the boundaries of
the national river, the Secretary may acquire all of the tract by any of
the above methods in order to avoid the payment of severance costs.
Land so acquired outside of the boundaries of the national river may be
exchanged by the Secretary for non-Federal lands within the national
river boundaries, and any portion of the land not utilized for such
exchanges may be disposed of in accordance with the provisions of the
Federal Property and Administrative Services Act of 1949, as amended (40
U.S.C. 471 et seq.). With the concurrence of the agency having custody
thereof, any Federal property within the boundaries of the national
river may be transferred without consideration to the administrative
jurisdiction of the Secretary for administration as part of the national
river.
(b) Retention of rights
Except for property which the Secretary determines to be necessary
for the purposes of administration, development, access or public use,
an owner or owners (hereafter referred to as ''owner'') of any improved
property which is used solely for noncommercial residential purposes on
the date of its acquisition by the Secretary or any owner of lands used
solely for agricultural purposes (including, but not limited to,
grazing) may retain, as a condition of the acquisition of such property
or lands, a right of use and occupancy of such property for such
residential or agricultural purposes. The term of the right retained
shall expire upon the death of the owner or the death of his spouse,
whichever occurs later, or in lieu thereof, after a definite term which
shall not exceed twenty-five years after the date of acquisition. The
owner shall elect, at the time of conveyance, the term of the right
reserved. The Secretary shall pay the owner the fair market value of
the property on the date of such acquisition, less the fair market value
of the term retained by the owner. Such right may, during its
existence, be conveyed or transferred, but all rights of use and
occupancy shall be subject to such terms and conditions as the Secretary
deems appropriate to assure the use of such property in accordance with
the purposes of this subchapter. Upon a determination that the property,
or any portion thereof, has ceased to be used in accordance with such
terms and conditions, the Secretary may terminate the right of use and
occupancy by tendering to the holder of such right an amount equal to
the fair market value, as of the date of the tender, of that portion of
the right which remains unexpired on the date of termination.
(c) ''Improved property'' defined
As used in this section the term ''improved property'' means a
detached year-round one-family dwelling which serves as the owner's
permanent place of abode at the time of acquisition, and construction of
which was begun before September 3, 1969, together with so much of the
land on which the dwelling is situated, the said land being in the same
ownership as the dwelling, as the Secretary shall designate to be
reasonably necessary for the enjoyment of the dwelling for the sole
purpose of noncommercial residential use.
(Pub. L. 92-237, 2, Mar. 1, 1972, 86 Stat. 44.)
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Provisions of that act relating to disposal of
Government property are classified to chapter 10 ( 471 et seq.) of Title
40, Public Buildings, Property, and Works. For complete classification
of this Act to the Code, see Short Title note set out under section 471
of Title 40 and Tables.
16 USC 460m-10. Hunting and fishing; rules and regulations
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting and fishing on lands and waters
under his jurisdiction within the boundaries of the Buffalo National
River in accordance with applicable Federal and State laws, except that
he may designate zones where and establish periods when, no hunting or
fishing shall be permitted for reasons of public safety, administration,
fish or wildlife management, or public use and enjoyment. Except in
emergencies, any rules and regulations of the Secretary pursuant to this
section shall be put into effect only after consultation with the
Arkansas Fish and Game Commission.
(Pub. L. 92-237, 3, Mar. 1, 1972, 86 Stat. 45.)
16 USC 460m-11. Water resource projects
TITLE 16 -- CONSERVATION
The Federal Energy Regulatory Commission shall not license the
construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works under the Federal Power Act
(41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), on or directly
affecting the Buffalo National River and no department or agency of the
United States shall assist by loan, grant, license, or otherwise in the
construction of any water resources project that would have a direct and
adverse effect on the values for which such river is established, as
determined by the Secretary. Nothing contained in the foregoing
sentence, however, shall preclude licensing of, or assistance to,
developments below or above the Buffalo National River or on any stream
tributary thereto which will not invade the area or unreasonably
diminish the scenic, recreational, and fish and wildlife values present
in the area on March 1, 1972. No department or agency of the United
States shall recommend authorization of any water resources project that
would have a direct and adverse effect on the values for which such
river is established, as determined by the Secretary, nor shall such
department or agency request appropriations to begin construction on any
such project, whether heretofore or hereafter authorized, without, at
least sixty days in advance, (i) advising the Secretary, in writing, of
its intention so to do and (ii) reporting to the Committees on Interior
and Insular Affairs of the United States House of Representatives and
the United States Senate, respectively, the nature of the project
involved and the manner in which such project would conflict with the
purposes of this subchapter or would affect the national river and the
values to be protected by it under this subchapter.
(Pub. L. 92-237, 4, Mar. 1, 1972, 86 Stat. 45; Pub. L. 95-91, title
IV, 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583.)
The Federal Power Act, referred to in text, is act June 10, 1920, ch.
285, 41 Stat. 1063, as amended, which is classified generally to
chapter 12 ( 791a et seq.) of this title. For complete classification
of this Act to the Code, see section 791a of this title and Tables.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
''Federal Energy Regulatory Commission'' substituted for ''Federal
Power Commission'' in text pursuant to Pub. L. 95-91, 402(a)(1)(A),
which is classified to section 7172(a)(1)(A) of Title 42, The Public
Health and Welfare.
Federal Power Commission terminated and functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
16 USC 460m-12. Administration, protection, and development
TITLE 16 -- CONSERVATION
The Secretary shall administer, protect, and develop the Buffalo
National River in accordance with the provisions of sections 1 and 2 to
4 of this title, as amended and supplemented; except that any other
statutory authority available to the Secretary for the conservation and
management of natural resources may be utilized to the extent he finds
such authority will further the purposes of this subchapter.
(Pub. L. 92-237, 5, Mar. 1, 1972, 86 Stat. 45.)
16 USC 460m-13. Suitability for preservation as a wilderness; area
review and report to President before March 1, 1975
TITLE 16 -- CONSERVATION
Within three years from March 1, 1972, the Secretary shall review the
area within the boundaries of the national river and shall report to the
President, in accordance with section 1132(c) and (d) of this title, his
recommendation as to the suitability or nonsuitability of any area
within the national river for preservation as a wilderness, and any
designation of any such area as a wilderness, shall be accomplished in
accordance with said section 1132(c) and (d) of this title.
(Pub. L. 92-237, 6, Mar. 1, 1972, 86 Stat. 46.)
16 USC 460m-14. Authorization of appropriations
TITLE 16 -- CONSERVATION
For the acquisition of lands and interests in lands, there are
authorized to be appropriated not more than $39,948,000. For
development of the national river, there are authorized to be
appropriated not to exceed $9,371,000.
(Pub. L. 92-237, 7, Mar. 1, 1972, 86 Stat. 46; Pub. L. 94-578, title
I, 101(3), title III, 310, Oct. 21, 1976, 90 Stat. 2732, 2736; Pub. L.
95-625, title II, 201(2), Nov. 10, 1978, 92 Stat. 3473.)
1978 -- Pub. L. 95-625 increased land acquisition appropriations
authorization to $39,948,000 from $30,071,500.
1976 -- Pub. L. 94-578 substituted ''$30,071,500'' for
''$16,115,000'' in provision covering the acquisition of lands and
interests in lands and substituted ''For development of the national
river, there are authorized to be appropriated not to exceed
$9,371,000'' for ''For development of the national river, there are
authorized to be appropriated not more than $283,000 in fiscal year
1974; $2,923,000 in fiscal year 1975; $3,643,000 in fiscal year 1976;
$1,262,000 in fiscal year 1977; and $1,260,000 in fiscal year 1978.
The sums appropriated each year shall remain available until expended''.
16 USC SUBCHAPTER LXXI-A -- NEW RIVER GORGE NATIONAL RIVER
TITLE 16 -- CONSERVATION
16 USC 460m-15. Congressional statement of purpose; establishment;
administration, protection, and development; utilization of other
authorities; boundary description, availability for public inspection
TITLE 16 -- CONSERVATION
For the purpose of conserving and interpreting outstanding natural,
scenic, and historic values and objects in and around the New River
Gorge and preserving as a free-flowing stream an important segment of
the New River in West Virginia for the benefit and enjoyment of present
and future generations, the Secretary of the Interior (hereinafter
referred to as the ''Secretary'') shall establish and administer the New
River Gorge National River. The Secretary shall administer, protect,
and develop the national river in accordance with the provisions of
sections 1 and 2 to 4 of this title, as amended and supplemented;
except that any other statutory authority available to the Secretary for
the preservation and management of natural resources may be utilized to
the extent he finds such authority will further the purposes of this
subchapter. The boundaries of the national river shall be as generally
depicted on the drawing entitled ''Proposed New River Gorge National
River'' numbered NERI-80,023, dated January 1987, which shall be on file
and available for public inspection in the offices of the National Park
Service, Department of the Interior.
(Pub. L. 95-625, title XI, 1101, Nov. 10, 1978, 92 Stat. 3544; Pub.
L. 100-534, title I, 101, Oct. 26, 1988, 102 Stat. 2700.)
1988 -- Pub. L. 100-534 substituted ''NERI-80,023, dated January
1987'' for ''NERI-20,002, dated July 1978''.
Section 1 of Pub. L. 100-534 provided that: ''This Act (enacting
sections 460m-26 to 460m-29 and 460ww to 460ww-5 of this title, amending
this section and section 1274 of this title, and enacting provisions set
out as notes under this section and section 1274 of this title) may be
cited as the 'West Virginia National Interest River Conservation Act of
1987'.''
Findings and Purpose
Section 2 of Pub. L. 100-534 provided that:
''(a) Findings. -- The Congress finds that --
''(1) The outstanding natural, scenic, cultural and recreational
values of the segment of the New River in West Virginia within the
boundaries of the New River Gorge National River have been preserved and
enhanced by its inclusion in the National Park System.
''(2) The establishment of the New River Gorge National River has
provided the basis for increased recreation and tourism activities in
southern West Virginia due to its nationally recognized status and has
greatly contributed to the regional economy.
''(3) Certain boundary modifications to the New River Gorge National
River are necessary to further protect the scenic resources within the
river's visual corridor and to provide for better management of the
national park unit.
''(4) Several tributaries of the New River in West Virginia also
possess remarkable and outstanding features of national significance.
The segment of the Gauley River below Summersville Dam has gained
national recognition as a premier whitewater recreation resource. The
lower section of the Bluestone River and the lower section of the Meadow
River possess remarkable and outstanding natural, scenic, and
recreational values due to their predominantly undeveloped condition.
''(5) Portions of several of the New River tributaries, including
segments of the Gauley River, the Meadow River, and the Bluestone River
are suitable for inclusion in the National Park System or the National
Wild and Scenic Rivers System.
''(6) It is in the national interest to preserve the natural
condition of certain segments of the New, Gauley, Meadow, and Bluestone
Rivers in West Virginia and to enhance recreational opportunities
available on the free-flowing segments.
''(b) Purpose. -- The purpose of this Act (see Short Title of 1988
Amendment note above) is to provide for the protection and enhancement
of the natural, scenic, cultural, and recreational values on certain
free-flowing segments of the New, Gauley, Meadow, and Bluestone Rivers
in the State of West Virginia for the benefit and enjoyment of present
and future generations.''
Section 401 of Pub. L. 100-534 provided that: ''Subject to existing
authority, the Secretary of the Interior shall cooperate with, and
assist, any regional authority comprised of representatives of West
Virginia State authorities and local government authorities in or any
combination of the foregoing Nicholas, Fayette, Raleigh, Summers,
Greenbrier, and Mercer Counties, West Virginia, for the purposes of
providing for coordinated development and promotion of recreation
resources of regional or national significance which are located in
southern West Virginia and management by State or Federal agencies,
including State, local and National Park System units, State and
National Forest System units, and historic sites.''
Section 402 of Pub. L. 100-534 provided that: ''Subject to his
responsibilities to protect the natural resources of the National Park
System, the Secretary of the Interior shall enter into a cooperative
agreement with the State of West Virginia providing for the State's
regulation, in accordance with State law, of persons providing
commercial recreational watercraft services on units of the National
Park System and components of the National Wild and Scenic Rivers System
subject to this Act (see Short Title of 1988 Amendment note above).''
Section 404 of Pub. L. 100-534 provided that: ''In order to achieve
the maximum economy and efficiency of operations in the administration
of the National Park System units established or expanded pursuant to
this Act (see Short Title of 1988 Amendment note above), the Secretary
shall consolidate offices and personnel administering all such units to
the extent practicable and shall utilize the existing facilities of the
New River Gorge National River to the extent practicable.''
Section 405 of Pub. L. 100-534 provided that: ''Any new spending
authority which is provided under this Act (see Short Title of 1988
Amendment note above) shall be effective for any fiscal year only to the
extent or in such amounts as provided in appropriation Acts.''
16 USC 460m-16. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; manner; donation of State lands;
improved and unimproved properties
Within the boundaries of the New River Gorge National River, the
Secretary may acquire lands and waters or interests therein by donation,
purchase with donated or appropriated funds, transfer, or exchange.
Lands owned by the State of West Virginia or a political subdivision
thereof may be acquired by donation only. In addition, the Secretary
may acquire by any of the foregoing methods not to exceed ten acres
outside the boundaries of the national river for an administrative
headquarters site, and funds appropriated for land acquisition shall be
available for the acquisition of the administrative headquarters site.
The authority of the Secretary to condemn in fee, improved properties as
defined in subsection (c) of this section shall not be invoked as long
as the owner of such improved property holds and uses it in a manner
compatible with the purposes of this subchapter. The Secretary may
acquire any such improved property without the consent of the owner
whenever he finds that such property has undergone, since January 1,
1978, or is imminently about to undergo, changes in land use which are
incompatible with the purposes of the national river. The Secretary may
acquire less than fee interest in any improved or unimproved property
within the boundaries of the national river.
(b) Non-federally owned lands; cooperative agreements affecting
properties of historical significance
On non-federally owned lands within the national river boundaries,
the Secretary is authorized to enter into cooperative agreements with
organizations or individuals to mark or interpret properties of
significance to the history of the Gorge area.
(c) ''Improved property'' defined
For the purposes of this Act, the term ''improved property'' means
(i) a detached single family dwelling, the construction of which was
begun before January 1, 1977 (hereafter referred to as ''dwelling''),
together with so much of the land on which the dwelling is situated, the
said land being in the same ownership as the dwelling, as the Secretary
shall designate to be reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial residential use, together
with any structures necessary to the dwelling which are situated on the
land so designated, or (ii) property developed for agricultural uses,
together with any structures accessory thereto which were so used on or
before January 1, 1977, or (iii) commercial and small business
properties which were so used on or before January 1, 1977, the purpose
of which is determined by the Secretary to contribute to visitor use and
enjoyment of the national river. In determining when and to what extent
a property is to be considered an ''improved property'', the Secretary
shall take into consideration the manner of use of such buildings and
lands prior to January 1, 1977, and shall designate such lands as are
reasonably necessary for the continued enjoyment of the property in the
same manner and to the same extent as existed prior to such date.
(d) Owner's reservation of right of use and occupancy for fixed term
of years or for life; election by owner; fair market value;
termination; notification
The owner of an improved property, as defined in this subchapter, on
the date of its acquisition, as a condition of such acquisition, may
retain for himself, his heirs and assigns, a right of use and occupancy
of the improved property for noncommercial residential, or agricultural
purposes, or the continuation of existing commercial operations, as the
case may be, for a definite term of not more than twenty-five years, or,
in lieu thereof, for a term ending at the death of the owner or the
death of his spouse, whichever is later. The owner shall elect the term
to be reserved. Unless the property is wholly or partially donated, the
Secretary shall pay to the owner the fair market value of the property
on the date of its acquisition, less the fair market value of the
property on that date of the right retained by the owner. A right
retained by the owner pursuant to this section shall be subject to
termination by the Secretary upon his determination that it is being
exercised in a manner inconsistent with the purposes of this subchapter,
and it shall terminate by operation of law upon notification by the
Secretary to the holder of the right of such determination and tendering
to him the amount equal to the fair market value of that portion which
remains unexpired.
(Pub. L. 95-625, title XI, 1102, Nov. 10, 1978, 92 Stat. 3545; Pub.
L. 99-500, 101(h) (title I, 116(a)), Oct. 18, 1986, 100 Stat. 1783-242,
1783-266, and Pub. L. 99-591, 101(h) (title I, 116(a)), Oct. 30, 1986,
100 Stat. 3341-242, 3341-266; Pub. L. 99-590, title X, 1001, Oct. 30,
1986, 100 Stat. 3339.)
This Act, referred to in subsec. (c), is Pub. L. 95-625, Nov. 10,
1978, 92 Stat. 3467, known as the National Parks and Recreation Act of
1978. For complete classification of this Act to the Code, see Short
Title of 1978 Amendment note set out under section 1 of this title and
Tables.
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
1986 -- Subsec. (a). Pub. L. 99-500, Pub. L. 99-590, Pub. L.
99-591, amended subsec. (a) identically inserting provisions relating
to acquisition of an administrative headquarters site.
16 USC 460m-17. Lands and areas plan; submission to Congressional
committees
TITLE 16 -- CONSERVATION
Within two years from November 10, 1978, the Secretary shall submit,
in writing, to the House Committee on Interior and Insular Affairs, the
Senate Committee on Energy and Natural Resources and the Committees on
Appropriations of the United States Congress, a detailed plan which
shall indicate --
(i) the lands and areas which he deems essential to the protection
and public enjoyment of the natural, scenic, and historic values and
objects of this national river;
(ii) the lands which he has previously acquired by purchase,
donation, exchange, or transfer for the purpose of this national river;
(iii) the annual acquisition program (including the level of funding)
which he recommends for the ensuing four fiscal years; and
(iv) the feasibility and suitability of including within the
boundaries of the national river, the section of the New River from
Fayetteville to Gauley Bridge, and reasons therefor.
(Pub. L. 95-625, title XI, 1103, Nov. 10, 1978, 92 Stat. 3546.)
16 USC 460m-18. Zoning laws and ordinances; establishment;
assistance; restrictions; variances
TITLE 16 -- CONSERVATION
The Secretary shall on his own initiative, or at the request of any
local government having jurisdiction over land located in or adjacent to
the Gorge area, assist and consult with the appropriate officials and
employees of such local government in establishing zoning laws or
ordinances which will assist in achieving the purposes of this
subchapter. In providing assistance pursuant to this section, the
Secretary shall endeavor to obtain provisions in such zoning laws or
ordinances which --
(1) have the effect of restricting incompatible commercial and
industrial use of all real property in or adjacent to the Gorge area;
(2) aid in preserving the character of the Gorge area by appropriate
restrictions on the use of real property in the vicinity, including, but
not limited to, restrictions upon building and construction of all
types; signs and billboards; the burning of cover; cutting of timber;
removal of topsoil, sand, or gravel; dumping, storage, or piling of
refuse; or any other use which would detract from the esthetic
character of the Gorge area; and
(3) have the effect of providing that the Secretary shall receive
advance notice of any hearing for the purpose of granting a variance and
any variance granted under, and of any exception made to, the
application of such law or ordinance.
(Pub. L. 95-625, title XI, 1104, Nov. 10, 1978, 92 Stat. 3546.)
16 USC 460m-19. Mineral lands
TITLE 16 -- CONSERVATION
(a) Mining; prohibition and limitation
Notwithstanding any other provision of law, no surface mining of any
kind shall be permitted on federally owned lands within the boundary of
the national river where the subsurface estate is not federally owned.
Underground mining on such lands may be permitted by the Secretary only
if --
(1) the mining operation will have no significant adverse impact on
the public use and enjoyment of the national river;
(2) the mining operation will disturb the minimum amount of surface
necessary to extract the mineral; and
(3) the surface is not significantly disturbed, unless there is no
technologically feasible alternative.
(b) Timber harvesting
The harvesting of timber on federally owned lands within the national
river boundary is prohibited, except insofar as it is necessary for the
Secretary to remove trees for river access, historic sites, primitive
campgrounds, scenic vistas, or as may be necessary from time to time for
reasons of public health and safety.
(c) Civil action; jurisdiction; recovery
The owner of a mineral estate subject to this section who believes he
has suffered a loss by operation of this section, may bring an action
only in a United States district court to recover just compensation,
which shall be awarded if the court finds that such loss constitutes a
taking of property compensable under the Constitution.
(Pub. L. 95-625, title XI, 1105, Nov. 10, 1978, 92 Stat. 3546.)
16 USC 460m-20. Hunting and fishing zones; designation; rules and
regulations, consultation
TITLE 16 -- CONSERVATION
The Secretary may permit hunting and fishing on lands and waters
under his jurisdiction within the boundaries of the New River Gorge
National River in accordance with applicable Federal and State laws, and
he may designate zones where, and establish periods when, no hunting or
fishing shall be permitted for reasons of public safety, administration,
fish or wildlife management, or public use and enjoyment. Except in
emergencies, any rules and regulations of the Secretary pursuant to this
section shall be put into effect only after consultation with the
appropriate State agency responsible for hunting and fishing activities.
(Pub. L. 95-625, title XI, 1106, Nov. 10, 1978, 92 Stat. 3547.)
16 USC 460m-21. Project work prohibition; advisement to Secretary;
report to Congress
TITLE 16 -- CONSERVATION
The Federal Energy Regulatory Commission shall not license the
construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works under the Federal Power Act
(41 Stat. 1063) as amended (16 U.S.C. 791a et seq.), on or directly
affecting the New River Gorge National River, and no department or
agency of the United States shall assist by loan, grant, license, or
otherwise in the construction of any water resources project that would
have a direct and adverse effect on the values for which such river was
established, as determined by the Secretary. Nothing contained in the
foregoing sentence, however, shall preclude licensing of, or assistance
to, developments below or above the New River Gorge National River or on
any stream tributary thereto which will not invade the area or diminish
the scenic, recreation, and fish and wildlife values present in the area
on November 10, 1978. No department or agency of the United States
shall recommend authorization of any water resources project that would
have a direct and adverse effect on the values for which such river was
established, as determined by the Secretary, or request appropriations
to begin construction on any such project whether heretofore or
hereafter authorized, without advising the Secretary in writing of its
intention to do so at least sixty days in advance, and without
specifically reporting to the Congress in writing at the time it makes
its recommendation or request in what respect construction of such
project would be in conflict with the purposes of this section and would
effect /1/ the national river and the values to be protected by it under
this section.
(Pub. L. 95-625, title XI, 1107, Nov. 10, 1978, 92 Stat. 3547.)
The Federal Power Act (41 Stat. 1063) as amended (16 U.S.C. 791a et
seq.), referred to in text, is act June 10, 1920, ch. 285, 41 Stat.
1063, as amended, which is classified generally to chapter 12 ( 791a et
seq.) of this title. For complete classification of this Act to the
Code, see section 791a of this title and Tables.
/1/ So in original. Probably should be ''affect''.
16 USC 460m-22. General management plan; submission to Congressional
committees
TITLE 16 -- CONSERVATION
Within three years from November 10, 1978, the Secretary shall
develop and transmit to the Senate Committee on Energy and Natural
Resources and the House Committee on Interior and Insular Affairs, a
general management plan for the protection and development of the
national river consistent with the purposes of this subchapter,
indicating --
(1) measures for the preservation of the area's resources;
(2) indications of types and general intensities of development
(including visitor circulation and transportation patterns, systems and
modes) associated with public enjoyment and use of the area, including
general locations, timing of implementation, and anticipated costs;
(3) identification of and implementation commitments for visitor
carrying capacities for all areas of the unit; and
(4) indications of potential modifications to the external boundaries
of the unit, and the reasons therefor.
(Pub. L. 95-625, title XI, 1109, Nov. 10, 1978, 92 Stat. 3548.)
16 USC 460m-23. Cooperation
TITLE 16 -- CONSERVATION
The Secretary of the Army shall cooperate with the Secretary of the
Interior concerning the water requirements of the national river. The
Secretary of the Army shall provide for release of water from the
Bluestone Lake project consistent with that project's purposes and
activities in sufficient quantity and in such manner to facilitate
protection of biological resources and recreational use of the national
river.
(Pub. L. 95-625, title XI, 1110, Nov. 10, 1978, 92 Stat. 3548.)
16 USC 460m-24. Class I or class II redesignation for clean air
purposes
TITLE 16 -- CONSERVATION
For the purposes of part C of the Clean Air Act (42 U.S.C. 7470 et
seq.), the State may redesignate the national river only as class I or
class II.
(Pub. L. 95-625, title XI, 1111, Nov. 10, 1978, 92 Stat. 3548.)
The Clean Air Act, referred to in text, is act July 14, 1955, ch.
360, as amended generally by Pub. L. 88-206, Dec. 17, 1963, 77 Stat.
392, and later by Pub. L. 95-95, Aug. 7, 1977, 91 Stat. 685. The
Clean Air Act was originally classified to chapter 15B ( 1857 et seq.)
of Title 42, The Public Health and Welfare. On enactment of Pub. L.
95-95, the Act was reclassified to chapter 85 ( 7401 et seq.) of Title
42. Part C of the Clean Air Act is classified generally to part C (
7470 et seq.) of subchapter I of chapter 85 of Title 42. For complete
classification of this Act to the Code, see Short Title note set out
under section 7401 of Title 42 and Tables.
16 USC 460m-25. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary for the purposes of this subchapter, but not to exceed
$20,000,000 for the acquisition of lands and interests in lands, and not
to exceed $3,000,000 for development.
(Pub. L. 95-625, title XI, 1112, Nov. 10, 1978, 92 Stat. 3548; Pub.
L. 99-500, 101(h) (title I, 116(b)), Oct. 18, 1986, 100 Stat. 1783-242,
1783-266, and Pub. L. 99-591, 101(h) (title I, 116(b)), Oct. 30, 1986,
100 Stat. 3341-242, 3341-266; Pub. L. 99-590, title X, 1002, Oct. 30,
1986, 100 Stat. 3340.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
1986 -- Pub. L. 99-500, Pub. L. 99-590, Pub. L. 99-591, amended
section identically substituting ''$3,000,000'' for ''$500,000''.
16 USC 460m-26. Cooperative agreements with State
TITLE 16 -- CONSERVATION
In administering the national river, the Secretary is authorized to
enter into cooperative agreements with the State of West Virginia, or
any political subdivision thereof, for the rendering, on a reimbursable
or non-reimbursable basis, of rescue, fire fighting, and law enforcement
services and cooperative assistance by nearby law enforcement and fire
preventive agencies.
(Pub. L. 95-625, title XI, 1113, as added Pub. L. 100-534, title I,
102, Oct. 26, 1988, 102 Stat. 2700.)
16 USC 460m-27. Improvement of access at Cunard
TITLE 16 -- CONSERVATION
(a) Development and improvement
The Secretary shall expeditiously acquire such lands, and undertake
such developments and improvements, as may be necessary to provide for
commercial and noncommercial access to the river near Cunard. No
restriction shall be imposed on such access based on the time of day,
except to the extent required to protect public health and safety.
(b) Interim measures
Pending completion of the developments and improvements referred to
in subsection (a) of this section, the Secretary shall permit the
motorized towing of whitewater rafts in the section of the national
river between Thurmond and Cunard when the volume of flow in the river
is less than three thousand cubic feet per second.
(Pub. L. 95-625, title XI, 1114, as added Pub. L. 100-534, title I,
103, Oct. 26, 1988, 102 Stat. 2700.)
16 USC 460m-28. Flow management
TITLE 16 -- CONSERVATION
(a) Findings
The Congress finds that adjustments of flows from Bluestone Lake
project during periods of low flow are necessary to respond to the
congressional mandate contained in section 460m-23 of this title and
that such adjustments could enhance the quality of the recreational
experience in the segments of the river below the lake during those
periods as well as protect the biological resources of the river.
(b) Report to Congress required
The Secretary of the Army, in conjunction with the Secretary of the
Interior, shall conduct a study and prepare a report under this section.
The report shall be submitted to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Interior and
Insular Affairs of the United States House of Representatives not later
than December 31, 1989. Before submission of the report to these
Committees, a draft of the report shall be made available for public
comment. The final report shall include the comments submitted by the
Secretary of the Interior and the public, together with the response of
the Secretary of the Army to those comments.
(c) Contents of study
The study under this section shall examine the feasibility of
adjusting the timing of daily releases from Bluestone Lake project
during periods when flows from the lake are less than three thousand
cubic feet per second. The purpose of such adjustment shall be to
improve recreation (including, but not limited to, fishing and
whitewater recreation) in the New River Gorge National River. Any such
adjustments in the timing of flows which are proposed in such report
shall be consistent with other project purposes and shall not have
significant adverse effects on fishing or on any other form of
recreation in Bluestone Lake or in any segment of the river below
Bluestone Lake. The study shall assess the effects of such flow
adjustments on the quality of recreation on the river in the segments of
the river between Hinton and Thurmond and between Thurmond and the
downstream boundary of the New River Gorge National River, taking into
account the levels of recreational visitation in each of such segments.
(d) Test procedures
As part of the study under this section, the Secretary of the Army
shall conduct test releases from Bluestone Lake project during
twenty-four-hour periods during the summer of 1989 when flows are less
than three thousand cubic feet per second from the project. All such
adjustments shall conform to the criteria specified in subsection (c) of
this section. The tests shall provide adjustments in the timing of
daily flows from Bluestone Lake project which permit flows higher than
the twenty-four-hour average to reach downstream recreational segments
of the river during morning and afternoon hours. The tests shall
develop specific data on the effects of flow adjustments on the speed of
the current and on water surface levels in those segments. No test
shall be conducted when flows from the lake are less than one thousand
seven hundred cubic feet per second and no test shall reduce flows below
that level.
(Pub. L. 95-625, title XI, 1115, as added Pub. L. 100-534, title I,
104, Oct. 26, 1988, 102 Stat. 2701.)
16 USC 460m-29. Glade Creek visitor facility
TITLE 16 -- CONSERVATION
In order to provide for public use and enjoyment of the scenic and
natural resources of the New River Gorge National River and in order to
provide public information to visitors with respect to the national
river and associated State parklands, the Secretary is authorized and
directed to construct a scenic overlook and visitor information facility
at a suitable location accessible from Interstate 64 in the vicinity of
Glade Creek within the boundary of the national river. There is
authorized to be appropriated such sums as may be necessary to carry out
construction (including all related planning and design) of the scenic
overlook and visitor information facility.
(Pub. L. 95-625, title XI, 1116, as added Pub. L. 100-534, title I,
105, Oct. 26, 1988, 102 Stat. 2702.)
16 USC SUBCHAPTER LXXII -- LAKE MEAD NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460n. Administration
TITLE 16 -- CONSERVATION
In recognition of the national significance of the Lake Mead National
Recreation Area, in the States of Arizona and Nevada, and in order to
establish a more adequate basis for effective administration of such
area for the public benefit, the Secretary of the Interior hereafter may
exercise the functions and carry out the activities prescribed by this
subchapter.
(Pub. L. 88-639, 1, Oct. 8, 1964, 78 Stat. 1039.)
16 USC 460n-1. Boundaries of area; filing of map with Federal
Register; revision; donations of land; property acquisition and
exclusion
TITLE 16 -- CONSERVATION
Lake Mead National Recreation Area shall comprise that particular
land and water area which is shown on a certain map, identified as
''boundary map, RA-LM-7060-B, revised July 17, 1963'', which is on file
and which shall be available for public inspection in the office of the
National Park Service of the Department of the Interior. An exact copy
of such map shall be filed with the Federal Register within thirty days
following October 8, 1964, and an exact copy thereof shall be available
also for public inspection in the headquarters office of the
superintendent of the said Lake Mead National Recreation Area.
The Secretary of the Interior is authorized to revise the boundaries
of such national recreation area, subject to the requirement that the
total acreage of that area, as revised, shall be no greater than the
present acreage thereof. In the event of such boundary revision, maps
of the recreation area, as revised, shall be prepared by the Department
of the Interior, and shall be filed in the same manner, and shall be
available for public inspection also in accordance with the aforesaid
procedures and requirements relating to the filing and availability of
maps. The Secretary may accept donations of land and interests in land
within the exterior boundaries of such area, or such property may be
procured by the Secretary in such manner as he shall consider to be in
the public interest.
In exercising his authority to acquire property by exchange, the
Secretary may accept title to any non-Federal property located within
the boundaries of the recreation area and convey to the grantor of such
property any federally owned property under the jurisdiction of the
Secretary, not withstanding any other provision of law. The properties
so exchanged shall be approximately equal in fair market value:
Provided, That the Secretary may accept cash from or pay cash to the
grantor in such an exchange in order to equalize the values of the
properties exchanged.
Establishment or revision of the boundaries of the said national
recreation area, as herein prescribed, shall not affect adversely any
valid rights in the area, nor shall it affect the validity of
withdrawals heretofore made for reclamation or power purposes. All
lands in the recreation area which have been withdrawn or acquired by
the United States for reclamation purposes shall remain subject to the
primary use thereof for reclamation and power purposes so long as they
are withdrawn or needed for such purposes. There shall be excluded from
the said national recreation area by the Secretary of the Interior any
property for management or protection by the Bureau of Reclamation,
which would be subject otherwise to inclusion in the said recreation
area, and which the Secretary of the Interior considers in the national
interest should be excluded therefrom.
(Pub. L. 88-639, 2, Oct. 8, 1964, 78 Stat. 1039.)
16 USC 460n-2. Hualapai Indian lands; inclusion within area; mineral
rights; leases and permits; hunting and fishing rights
TITLE 16 -- CONSERVATION
The authorities granted by this subchapter shall be subject to the
following exceptions and qualifications when exercised with respect to
any tribal or allotted lands of the Hualapai Indians that may be
included within the exterior boundaries of the Lake Mead National
Recreation Area:
(a) The inclusion of Indian lands within the exterior boundaries of
the area shall not be effective until approved by the Hualapai Tribal
Council.
(b) Mineral developments or use of the Indian lands shall be
permitted only in accordance with the laws that relate to Indian lands.
(c) Leases and permits for general recreational use, business sites,
home sites, vacation cabin sites, and grazing shall be executed in
accordance with the laws relating to leases of Indian lands, provided
that all development and improvement leases so granted shall conform to
the development program and standards prescribed for the Lake Mead
National Recreation Area.
(d) Nothing in this subchapter shall deprive the members of the
Hualapai Tribe of hunting and fishing privileges presently exercised by
them, nor diminish those rights and privileges of that part of the
reservation which is included in the Lake Mead Recreation Area.
(Pub. L. 88-639, 3, Oct. 8, 1964, 78 Stat. 1039.)
16 USC 460n-3. Purposes and uses of area
TITLE 16 -- CONSERVATION
(a) Public recreation, benefit, and use
Lake Mead National Recreation Area shall be administered by the
Secretary of the Interior for general purposes of public recreation,
benefit, and use, and in a manner that will preserve, develop, and
enhance, so far as practicable, the recreation potential, and in a
manner that will preserve the scenic, historic, scientific, and other
important features of the area, consistently with applicable
reservations and limitations relating to such area and with other
authorized uses of the lands and properties within such area.
(b) Specific activities
In carrying out the functions prescribed by this subchapter, in
addition to other related activities that may be permitted hereunder,
the Secretary may provide for the following activities, subject to such
limitations, conditions, or regulations as he may prescribe, and to such
extent as will not be inconsistent with either the recreational use or
the primary use of that portion of the area heretofore withdrawn for
reclamation purposes:
(1) General recreation use, such as bathing, boating, camping, and
picnicking;
(2) Grazing;
(3) Mineral leasing;
(4) Vacation cabin site use, in accordance with existing policies of
the Department of the Interior relating to such use, or as such policies
may be revised hereafter by the Secretary.
(Pub. L. 88-639, 4, Oct. 8, 1964, 78 Stat. 1040.)
16 USC 460n-4. Hunting, fishing and trapping
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall permit hunting, fishing, and
trapping on the lands and waters under this jurisdiction within the
recreation area in accordance with the applicable laws and regulations
of the United States and the respective States: Provided, That the
Secretary, after consultation with the respective State fish and game
commissions, may issue regulations designating zones where and
establishing periods when no hunting, fishing, or trapping shall be
permitted for reasons of public safety, administration, or public use
and enjoyment.
(Pub. L. 88-639, 5, Oct. 8, 1964, 78 Stat. 1040.)
16 USC 460n-5. Regulation of area; violations and penalties
TITLE 16 -- CONSERVATION
Such national recreation area shall continue to be administered in
accordance with regulations heretofore issued by the Secretary of the
Interior relating to such areas, and the Secretary may revise such
regulations or issue new regulations to carry out the purposes of this
subchapter. In his administration and regulation of the area, the
Secretary shall exercise authority, subject to the provisions and
limitations of this subchapter, comparable to his general administrative
authority relating to areas of the national park system.
Any person who violates a rule or regulation issued pursuant to this
subchapter shall be guilty of a misdemeanor, and may be punished by a
fine of not more than $500, or by imprisonment not exceeding six months,
or by both such fine and imprisonment.
(Pub. L. 88-639, 6, Oct. 8, 1964, 78 Stat. 1040; Pub. L. 91-383,
10(a)(4), as added Pub. L. 94-458, 2, Oct. 7, 1976, 90 Stat. 1941.)
1976 -- Pub. L. 91-383, 10(a)(4), as added Pub. L. 94-458, struck
out provisions relating to arrest powers of superintendent, caretakers,
officers, or rangers of the Lake Mead National Recreation Area.
16 USC 460n-6. Political jurisdiction; taxing power; Hualapai Indians
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall deprive any State, or any political
subdivision thereof, of its civil and criminal jurisdiction over the
lands within the said national recreation area, or of its rights to tax
persons, corporations, franchises, or property on the lands included in
such area. Nothing in this subchapter shall modify or otherwise affect
the existing jurisdiction of the Hualapai Tribe or alter the status of
individual Hualapai Indians within that part of the Hualapai Indian
Reservation included in said Lake Mead National Recreation Area.
(Pub. L. 88-639, 7, Oct. 8, 1964, 78 Stat. 1041.)
16 USC 460n-7. Revenues and fees; disposition
TITLE 16 -- CONSERVATION
Revenues and fees obtained by the United States from operation of the
national recreation area shall be subject to the same statutory
provisions concerning the disposition thereof as are similar revenues
collected in areas of the national park system with the exception, that
those particular revenues and fees including those from mineral
developments, which the Secretary of the Interior finds are reasonably
attributable to Indian lands shall be paid to the Indian owner of the
land, and with the further exception that other fees and revenues
obtained from mineral development and from activities under other public
land laws within the recreation area shall be disposed of in accordance
with the provisions of the applicable laws.
(Pub. L. 88-639, 8, Oct. 8, 1964, 78 Stat. 1041.)
16 USC 460n-8. United States magistrate judge: appointment;
functions; probation; fees
TITLE 16 -- CONSERVATION
A United States magistrate judge shall be appointed for that portion
of the Lake Mead National Recreation Area that is situated in Mohave
County, Arizona. Such magistrate judge shall be appointed by the United
States district court having jurisdiction thereover, and the magistrate
judge shall serve as directed by such court, as well as pursuant to, and
within the limits of, the authority of said court.
The functions of the magistrate judge shall include the trial and
sentencing of persons charged with the commission of misdemeanors and
infractions as defined in section 3581 of title 18. The exercise of
additional functions by the magistrate judge shall be consistent with
and be carried out in accordance with the authority, laws, and
regulations, of general application to United States magistrate judges.
The probation laws shall be applicable to persons tried by the
magistrate judge and he shall have power to grant probation. The
magistrate judge shall receive the fees, and none other, provided by law
for like or similar services.
(Pub. L. 88-639, 9, Oct. 8, 1964, 78 Stat. 1041; Pub. L. 98-473,
title II, 222, Oct. 12, 1984, 98 Stat. 2028; Pub. L. 100-702, title IV,
404(c), Nov. 19, 1988, 102 Stat. 4651; Pub. L. 101-650, title III, 321,
Dec. 1, 1990, 104 Stat. 5117.)
1988 -- Pub. L. 100-702 struck out after second sentence of second
par. ''The provisions of title 18, section 3402, and the rules of
procedure and practice prescribed by the Supreme Court pursuant thereto,
shall apply to all cases handled by such magistrate.''
1984 -- Pub. L. 98-473, 222(a), substituted ''magistrate'' for
''commissioner'' wherever appearing in first par.
Pub. L. 98-473, 222(b), substituted provisions relating to trial and
sentencing of persons charged with misdemeanors and infractions as
defined in section 3581 of title 18, for provisions relating to trial
and sentencing of persons committing petty offenses as defined in title
18, section 1, and right of election of such persons to be tried in the
district court of the United States.
''United States magistrate judge'', ''magistrate judge'', and
''United States magistrate judges'' substituted for ''United States
magistrate'', ''magistrate'', and ''United States magistrates'',
respectively, wherever appearing in text pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Amendment by Pub. L. 100-702 effective Dec. 1, 1988, see section
407 of Pub. L. 100-702, set out as a note under section 2071 of Title
28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable
only to offenses committed after the taking effect of such amendment,
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date
note under section 3551 of Title 18, Crimes and Criminal Procedure.
16 USC 460n-9. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated not more than
$7,100,000 for the acquisition of land and interests in land pursuant to
section 460n-1 of this title.
(Pub. L. 88-639, 10, Oct. 8, 1964, 78 Stat. 1041; Pub. L. 93-477,
title I, 101(12), Oct. 26, 1974, 88 Stat. 1445.)
1974 -- Pub. L. 93-477 substituted ''$7,100,000'' for
''$1,200,000''.
16 USC 460o. Establishment of recreation area
TITLE 16 -- CONSERVATION
In order to further the purposes of the joint resolution approved
September 27, 1961 (re Delaware River Basin compact; 75 Stat. 688), and
to provide in a manner coordinated with the other purposes of the Tocks
Island Reservoir project, for public outdoor recreation use and
enjoyment of the proposed Tocks Island Reservoir and lands adjacent
thereto by the people of the United States and for preservation of the
scenic, scientific, and historic features contributing to public
enjoyment of such lands and waters, the Secretary of the Interior is
authorized, as herein provided, to establish and administer the Delaware
Water Gap National Recreation Area, hereinafter referred to as the
''area'', as part of the Tocks Island Reservoir project, hereinafter
referred to as ''the project''.
(Pub. L. 89-158, 1, Sept. 1, 1965, 79 Stat. 612.)
The joint resolution approved September 27, 1961, referred to in
text, is Pub. L. 87-328, which was not classified to the Code.
Pub. L. 100-573, Oct. 31, 1988, 102 Stat. 2890, provided that:
''SECTION 1. ESTABLISHMENT OF COMMISSION.
''There is established a commission to be known as the 'Delaware
Water Gap National Recreation Area Citizen Advisory Commission'
(hereafter in this Act referred to as the 'Commission'). The Commission
shall advise the Secretary of the Interior on matters pertaining to the
management and operation of the Delaware Water Gap National Recreation
Area, as well as on other matters affecting the recreation area and its
surrounding communities.
''SEC. 2. MEMBERSHIP OF COMMISSION.
''(a) Appointment. -- The Commission shall be composed of the
following 11 members appointed not later than 60 days after the date of
the enactment of this Act (Oct. 31, 1988) from among persons with
knowledge of the recreation area:
''(1) 2 members appointed by the Secretary of the Interior (hereafter
in this Act referred to as the 'Secretary').
''(2) 2 members appointed by the Secretary from among residents of
New Jersey nominated by the Governor of New Jersey.
''(3) 2 members appointed by the Secretary from among residents of
Pennsylvania nominated by the Governor of Pennsylvania.
''(4) 1 member appointed by the Secretary from among the residents of
each of the following counties nominated by the county administrator of
each such county: Sussex County, New Jersey, Warren County, New Jersey,
Pike County, Pennsylvania, Monroe County, Pennsylvania, and Northampton
County, Pennsylvania.
The Secretary shall ensure that the membership of the Commission is
fairly balanced in terms of the points of view represented and the
functions to be performed by the Commission.
''(b) Terms. -- Members shall be appointed to the Commission for a
term of 4 years. A member may serve after the expiration of his term
until his successor has taken office.
''(c) Vacancies. -- Any vacancy on the Commission shall be filled in
the manner in which the original appointment was made.
''(d) Prohibition of Additional Pay. -- Members of the Commission
shall receive no additional pay, allowances, or benefits by reason of
their service on the Commission, but the Secretary may pay expenses
reasonably incurred in carrying out their responsibilities under this
Act on vouchers signed by the Chairperson.
''(e) Chairperson. -- The Commission shall elect a chairperson from
among the members of the Commission.
''(f) Quorum. -- A majority of the members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
''(g) Voting. -- Each member of the Commission shall be entitled to 1
vote, which shall be equal to the vote of every other member of the
Commission.
''(h) Charter. -- The provisions of section 14(b) of the Federal
Advisory Committee Act (Act of October 6, 1972; 86 Stat. 776) (set out
in the Appendix to Title 5, Government Organization and Employees), are
hereby waived with respect to this Advisory Commission.
''SEC. 3. POWERS OF COMMISSION.
''(a) Hearings. -- The Commission may, for the purpose of carrying
out its functions under section 1, hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence,
as the Commission considers appropriate.
''(b) Meetings With Secretary of the Interior. -- Members of the
Commission shall meet with the Secretary of the Interior or his designee
at least once every 6 months. Such meetings shall be open to the public
and shall be held at such times and in such places as to encourage
public participation. The Commission shall provide the public with
adequate notice of such meetings.
''(c) Rules and Regulations. -- The Commission may adopt such rules
and regulations as may be necessary to establish its procedures and to
govern the manner of its operation.
''(d) Assistance From Federal Agencies. -- Upon request of the
chairperson of the Commission, the head of any Federal agency or
instrumentality shall, to the extent possible and subject to the
discretion of such head make any of the facilities and services of such
agency or instrumentality available to the Commission.
''(e) Mails. -- The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
''SEC. 4. REPORTS.
''The Commission each year shall transmit to the Secretary of the
Interior and to each House of the Congress a report containing a
detailed statement of the findings and conclusions of the Commission,
together with its recommendations for such legislation and
administrative actions as it considers appropriate.
''SEC. 5. TERMINATION OF COMMISSION.
''The Commission shall terminate on the date that is 10 years after
the date of the enactment of this Act (Oct. 31, 1988).
''SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
''There are authorized to be appropriated such sums as may be
necessary to carry out this Act.''
16 USC 460o-1. Acquisition of lands
TITLE 16 -- CONSERVATION
(a) Authority of Secretary of Army; transfer of jurisdiction over
lands to Secretary of the Interior; authority of such Secretary;
retention of use and occupancy rights; termination and transfer of
authority and funds; acquisition priorities
The Secretary of the Army is authorized and directed to acquire, by
such means as he may deem to be in the public interest, and as a part of
his acquisition of properties for the project, lands and interests
therein within the boundaries of the area, as generally depicted on the
drawing entitled ''Proposed Tocks Island National Recreation Area''
dated and numbered September 1962, NRA-TI-7100, which drawing is on file
in the Office of the National Park Service, Department of the Interior.
In acquiring these lands, the Secretary of the Army may utilize such
statutory authorities as are available to him for the acquisition of
project lands: Provided, That the Secretary of the Army shall acquire
no lands or interests in land by exchange for lands or interests in land
in Federal ownership unless the latter are in the States of
Pennsylvania, New Jersey, or New York. Periodically, and as soon as
practicable after such lands and interests within the area are acquired,
the Secretary of the Army shall transfer jurisdiction thereover to the
Secretary of the Interior for the purposes of this subchapter.
Beginning on November 10, 1978, the Secretary of the Interior is
authorized to acquire for purposes of the recreation area established
under this subchapter all lands and interests therein within the
exterior boundaries of the area depicted on the drawing referred to in
this subsection (including any lands within such exterior boundaries
designated for acquisition by the Secretary of the Army in connection
with the project referred to in this subsection). In exercising such
authority, the Secretary of the Interior may permit the retention of
rights of use and occupancy in the same manner as provided in the case
of acquisitions by the Secretary of the Army under subsection (d) of
this section. On November 10, 1978, the acquisition authorities of any
other Federal agency contained in this subsection shall terminate and
the head of any other Federal agency shall transfer to the Secretary of
the Interior jurisdiction over all lands and interests therein acquired
by said agency under the authority of this subchapter, or any other
authority of law which lands are within the exterior boundaries of the
area depicted on the drawing referred to in this subsection. On
November 10, 1978, all unexpended balances available to any other
Federal agency for acquisition of land within the exterior boundaries
referred to in the preceding sentence shall be transferred to the
Secretary of the Interior to be used for such purposes. In carrying out
his acquisition authority under this section the Secretary shall give
priority to the following:
(1) completion of acquisition of lands for which condemnation
proceedings have been started pursuant to the authorization of the
project referred to in this subsection;
(2) acquisition of lands of beneficial owners, not being a
corporation, who in the judgment of the Secretary would suffer hardship
if acquisition of their lands were delayed;
(3) acquisition of lands on which, in the judgment of the Secretary,
there is an imminent danger of development that would be incompatible
with the purposes of the recreation area;
(4) acquisition of lands of beneficial owners, not being a
corporation, who are willing to sell their lands provided they are able
to continue to use it for noncommercial residential purposes for a
limited period of time which will not, in the judgment of the Secretary,
unduly interfere with the development of public use facilities for such
national recreation area, pursuant to the authorization for such area;
(5) acquisition of scenic easements when, in the judgment of the
Secretary, such easements are sufficient to carry out the purposes for
which such national recreation area was authorized; and
(6) acquisition of lands necessary to preserve the integrity of the
recreation area.
(b) Omission of designated lands from area
Notwithstanding the provisions of subsection (a) of this section, the
Secretary of the Interior is authorized, after consultation with
appropriate public officials of the affected political subdivisions of
the States of Pennsylvania or New Jersey, as the case may be, to
designate not more than three hundred acres adjacent and contiguous to
the Borough of Milford, Pennsylvania, and not more than one thousand
acres in Sussex County, New Jersey, for omission from the Delaware
Valley National Recreation Area and the lands so designated shall not be
acquired for said national recreation area under authority of this
subchapter.
(c) Extension of boundaries; study and report to Congress
The Secretary of the Interior shall investigate, study, and report to
the President and the Congress on the feasibility and usefulness of
extending the boundaries of the Delaware Water Gap National Recreation
Area to include, in whole or in part, that portion of Tocks Island
Reservoir which lies upstream from the northern terminus of the national
recreation area as shown on the map hereinbefore referred to and lands
adjacent to said portion of said reservoir. No such extension of
boundaries, however, shall be made until authorized by Act of Congress.
(d) Noncommercial residential occupancy for life or fixed term of
years; price for property; ''improved residential property'' defined;
waiver of relocation assistance benefits or rights
The beneficial owner, not being a corporation, of a freehold interest
acquired before January 1, 1965, in improved residential property within
the area to be acquired by the Secretary of the Army under authority of
this subchapter, the continued use of which property for noncommercial
residential purposes for a limited time will not, in the judgment of the
Secretary of the Interior, unduly interfere with the development of
public-use facilities for the national recreation area and will not, in
the judgment of the Secretary of the Army, unduly interfere with the
operation of the Tocks Island Reservoir project, may retain a right of
use and occupancy of such property for noncommercial residential
purposes for, as said owner may elect, either (i) a period terminating
upon his death or the death of his spouse, whichever occurs later, or
(ii) a term of not more than twenty-five years: Provided, That in no
case shall the period or term for which such right of use and occupancy
is retained extend beyond the term of the freehold interest acquired by
the United States. The price payable to the owner of such property
shall be reduced by an amount equal to the value of the right retained.
As used in this subchapter ''improved residential property'' means a
single-family year-round dwelling, the construction of which was begun
before January 21, 1963, which dwelling serves as the owner's permanent
place of abode at the time of its acquisition by the United States,
together with not more than three acres of land on which the dwelling
and appurtenant buildings are located which land the Secretary of the
Interior or the Secretary of the Army, as the case may be, finds is
reasonably necessary for the owner's continued use and occupancy of the
dwelling: Provided, further, That whenever an owner of property elects
to retain a right of use and occupancy pursuant to this subchapter, such
owner shall be deemed to have waived any benefits or rights under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. 4601 et seq.).
(Pub. L. 89-158, 2, Sept. 1, 1965, 79 Stat. 612; Pub. L. 92-575, 2,
Oct. 27, 1972, 86 Stat. 1250; Pub. L. 95-625, title III, 316, Nov. 10,
1978, 92 Stat. 3483.)
The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, referred to in subsec. (d), is Pub. L. 91-646,
Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified generally
to chapter 61 ( 4601 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short
Title note set out under section 4601 of Title 42 and Tables.
1978 -- Subsec. (a). Pub. L. 95-625 authorized acquisition of lands
within the exterior boundaries of the area by the Secretary of the
Interior, retention of use and occupancy rights, termination of Federal
agency authority over lands and transfer of authority and funds to the
Secretary of the Interior, and prescribed acquisition priorities for the
Secretary of the Interior.
1972 -- Subsec. (d). Pub. L. 92-575 provided for waiver of benefits
or rights under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, upon election to retain right of use
and occupancy pursuant to this subchapter.
16 USC 460o-2. Designation of area; boundaries
TITLE 16 -- CONSERVATION
(a) Publication in Federal Register; description of boundaries;
administration of transferred lands and waters
As soon as practicable after September 1, 1965, and following the
transfer to the Secretary of the Interior by the Secretary of the Army
of jurisdiction over those lands and interests therein within the
boundary generally depicted on the drawing described in section 460o-1
of this title which, in the opinion of the Secretary of the Interior,
constitute an efficiently administrable unit, the Secretary of the
Interior shall declare establishment of the area by publication of
notice thereof in the Federal Register. Such notice shall contain a
detailed description of the boundaries of the area which shall
encompass, to the extent practicable, the lands and waters shown on said
drawing. Prior to such establishment, the Secretary of the Interior
shall administer such transferred lands and waters, consistent with the
construction of the project, for purposes in contemplation of the
establishment of the area pursuant to this subchapter.
(b) Adjustments in boundaries; publication in Federal Register;
acquisition of additional lands; acreage limitations
The Secretary of the Interior may subsequently make adjustments in
the boundary of the area by publication of the amended description
thereof in the Federal Register and acquire, by such means as he may
deem to be in the public interest, including an exchange of excluded for
included lands or interests therein with or without the payment or
receipt of money to equalize values, additional lands and interests
therein included in the area by reason of the boundary adjustment:
Provided, That the area encompassed by such revised boundary shall not
exceed the acreage included within the detailed boundary first described
pursuant to this section.
(c) Continuance of existing uses
On lands acquired pursuant to this subchapter for recreation
purposes, the Secretary of the Army, with the concurrence of the
Secretary of the Interior, may permit the continuance of existing uses
consistent with the purposes of this subchapter.
(Pub. L. 89-158, 3, Sept. 1, 1965, 79 Stat. 613.)
16 USC 460o-3. Administration authorities for conservation, management,
or disposal of natural resources; coordination of administrative
responsibilities of the Secretary of the Interior and Secretary of the
Army
TITLE 16 -- CONSERVATION
In the administration of the area for the purposes of this
subchapter, the Secretary of the Interior may utilize such statutory
authorities relating to areas of the national park system and such
statutory authorities otherwise available to him for the conservation,
management, or disposal of vegetative, mineral, or fish or wildlife
resources as he deems appropriate to carry out the purposes of this
subchapter. To assure consistent and effective planning, development,
and operation for all purposes of the project, the Secretary of the
Interior and the Secretary of the Army shall coordinate the
administration of their respective responsibilities in the project; and
such administration shall be consistent with the joint resolution
approved September 27, 1961 (re Delaware River Basin compact; 75 Stat.
688).
(Pub. L. 89-158, 4, Sept. 1, 1965, 79 Stat. 613.)
16 USC 460o-4. Land and water use management plan; adoption,
implementation, and revision; provisions
TITLE 16 -- CONSERVATION
In the administration of the area for the purposes of this
subchapter, the Secretary of the Interior, subject to provisions of
section 460o-3 of this title, shall adopt and implement, and may from
time to time revise, a land and water use management plan, which shall
include specific provision for, in order of priority --
(1) public outdoor recreation benefits;
(2) preservation of scenic, scientific, and historic features
contributing to public enjoyment;
(3) such utilization of natural resources as in the judgment of the
Secretary of the Interior is consistent with, and does not significantly
impair, public recreation and protection of scenic, scientific, and
historic features contributing to public enjoyment.
(Pub. L. 89-158, 5, Sept. 1, 1965, 79 Stat. 614.)
16 USC 460o-5. Hunting and fishing
TITLE 16 -- CONSERVATION
The Secretary of the Interior shall permit hunting and fishing on
lands and waters under his jurisdiction within the area in accordance
with the applicable laws and regulations of the States concerned and of
the United States. The Secretary of the Interior may designate zones
where, and establish periods when, no hunting shall be permitted for
reasons of public safety, wildlife management, administration, or public
use and enjoyment not compatible with hunting, and may, in his plan for
the area, provide areas for intensive fish and wildlife management,
including public hunting and fishing, and shall issue appropriate
regulations after consultation with appropriate officials of the States
concerned. The Secretary of the Interior shall encourage such officials
to adopt uniform regulations applicable to the whole of the Delaware
Water Gap National Recreation Area.
(Pub. L. 89-158, 6, Sept. 1, 1965, 79 Stat. 614.)
16 USC 460o-6. Civil and criminal jurisdiction and taxing power of
State
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall be construed to deprive any State or
political subdivision thereof, of its right to exercise civil and
criminal jurisdiction over the lands and waters within the area or of
its right to tax persons, corporations, franchises, or property on the
lands and waters included in the area.
(Pub. L. 89-158, 7, Sept. 1, 1965, 79 Stat. 614.)
16 USC 460o-7. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated to the Secretary of
the Interior for the acquisition of lands and interests in land pursuant
to the provisions of section 460o-1 of this title and for expenses
incident thereto not more than $65,000,000 which moneys shall be
transferred to the Secretary of the Army. There are also authorized to
be appropriated not more than $18,200,000 for the cost of installing and
constructing recreation facilities on the lands and interests in lands
so acquired. The amounts herein authorized to be appropriated are
supplemental to those authorized to be appropriated for the Tocks Island
project and related facilities by the Flood Control Act of 1962 (76
Stat. 1182).
(Pub. L. 89-158, 8, Sept. 1, 1965, 79 Stat. 614; Pub. L. 92-575, 1,
Oct. 27, 1972, 86 Stat. 1250.)
The amounts authorized to be appropriated for the Tocks Island
project and related facilities by the Flood Control Act of 1962,
referred to in text, appear at 76 Stat. 1182, and were not classified
to the Code. The Flood Control Act of 1962 is Title II of Pub. L.
87-874, Oct. 23, 1962, 76 Stat. 1173. For complete classification of
this Act to the Code, see Tables.
1972 -- Pub. L. 92-575 substituted ''$65,000,000'' for
''$37,412,000''.
16 USC SUBCHAPTER LXXIV -- SPRUCE KNOB-SENECA ROCKS NATIONAL RECREATION
AREA
TITLE 16 -- CONSERVATION
16 USC 460p. Establishment of recreation area
TITLE 16 -- CONSERVATION
In order to provide for the public outdoor recreation use and
enjoyment thereof by the people of the United States, the Secretary of
Agriculture shall establish the Spruce Knob-Seneca Rocks National
Recreation Area in the State of West Virginia.
(Pub. L. 89-207, 1, Sept. 28, 1965, 79 Stat. 843.)
16 USC 460p-1. Designation of area; acreage limitation; boundaries;
publication in Federal Register
TITLE 16 -- CONSERVATION
The Secretary of Agriculture (hereinafter called the ''Secretary'')
shall --
(1) designate as soon as practicable after September 28, 1965, the
Spruce Knob-Seneca Rocks National Recreation Area within and adjacent
to, and as a part of, the Monongahela National Forest in West Virginia,
not to exceed in the aggregate one hundred thousand acres comprised of
the area including Spruce Knob, Smoke Hole, and Seneca Rock, and lying
primarily in the drainage of the South Branch of the Potomac River, the
boundaries of which shall be those shown on the map entitled ''Proposed
Spruce Knob-Seneca Rocks National Recreation Area'', dated March 1965,
which is on file and available for public inspection in the office of
the Chief, Forest Service, Department of Agriculture; and
(2) publish notice of the designation in the Federal Register,
together with a map showing the boundaries of the recreation area.
(Pub. L. 89-207, 2, Sept. 28, 1965, 79 Stat. 843.)
16 USC 460p-2. Acquisition of lands, etc.
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; manner and place; boundaries of
Monongahela National Forest; concurrence of State owner
The Secretary shall acquire by purchase with donated or appropriated
funds, by gift, exchange, condemnation, transfer from any Federal
agency, or otherwise, such lands, waters, or interests therein within
the boundaries of the recreation area as he determines to be needed or
desirable for the purposes of this subchapter. For the purposes of
section 460l-9 of this title, the boundaries of the Monongahela National
Forest, as designated by the Secretary pursuant to section 460p-1 of
this title, shall be treated as if they were the boundaries of that
forest on January 1, 1965. Lands, waters, or interests therein owned by
the State of West Virginia or any political subdivision of that State
may be acquired only with the concurrence of such owner.
(b) Transfer from Federal agency to administrative jurisdiction of
Secretary
Notwithstanding any other provision of law, any Federal property
located within the boundaries of the recreation area may, with the
concurrence of the agency having custody thereof, be transferred without
consideration to the administrative jurisdiction of the Secretary for
use by him in implementing the purposes of this subchapter.
(c) Exchange of property
In exercising his authority to acquire lands by exchange the
Secretary may accept title to non-Federal property within the recreation
area and convey to the grantor of such property any federally owned
property in the State of West Virginia under his jurisdiction.
(d) State expenditures for public schools, public roads, or other
public purposes
The portion of the moneys paid to the State of West Virginia under
the provisions of section 500 of this title for expenditure for the
benefit of Pendleton and Grant Counties, West Virginia, may be expended
as the State legislature may prescribe for the benefit of such counties
for public schools, public roads, or other public purposes.
(Pub. L. 89-207, 3, Sept. 28, 1965, 79 Stat. 843.)
16 USC 460p-3. Outdoor recreation facilities development; cooperation
with Federal and State agencies
TITLE 16 -- CONSERVATION
(a) After the Secretary acquires an acreage within the area
designated pursuant to paragraph (1) of section 460p-1 of this title
that is in his opinion efficiently administrable to carry out the
purposes of this subchapter, he shall institute an accelerated program
of development of facilities for outdoor recreation. Said facilities
shall be so devised to take advantage of the topography and geographical
location of the lands in relation to the growing recreation needs of the
people of the United States.
(b) The Secretary may cooperate with all Federal and State
authorities and agencies that have programs which will hasten completion
of the recreation area and render services which will aid him in
evaluating and effectuating the establishment of adequate summer and
winter outdoor recreation facilities.
(Pub. L. 89-207, 4, Sept. 28, 1965, 79 Stat. 843.)
16 USC 460p-4. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the recreation
area shall be by the Secretary of Agriculture in accordance with the
laws, rules, and regulations applicable to national forests, in such
manner as in his judgment will best provide for (1) public outdoor
recreation benefits; (2) conservation of scenic, scientific, historic,
and other values contributing to public enjoyment; and (3) such
management, utilization, and disposal of natural resources as in his
judgment will promote, or is compatible with, and does not significantly
impair the purposes for which the recreation area is established.
(Pub. L. 89-207, 5, Sept. 28, 1965, 79 Stat. 844.)
16 USC 460p-5. Hunting and fishing
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting and fishing on lands and waters
under his jurisdiction within the Spruce Knob-Seneca Rocks National
Recreation Area in accordance with applicable Federal and State laws.
The Secretary may designate zones where, and establish periods when, no
hunting shall be permitted for reasons of public safety, administration,
or public use and enjoyment, and shall issue regulations after
consultation with the Department of Natural Resources of the State of
West Virginia.
(Pub. L. 89-207, 6, Sept. 28, 1965, 79 Stat. 844.)
16 USC SUBCHAPTER LXXV -- WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION
AREA
TITLE 16 -- CONSERVATION
16 USC 460q. Establishment of recreation area; boundaries;
administration; integrated management policies
TITLE 16 -- CONSERVATION
In order to provide, in a manner coordinated with the other purposes
of the Central Valley project, for the public outdoor recreation use and
enjoyment of the Whiskeytown, Shasta, Clair Engle, and Lewiston
reservoirs and surrounding lands in the State of California by present
and future generations and the conservation of scenic, scientific,
historic, and other values contributing to public enjoyment of such
lands and waters, there is hereby established, subject to valid existing
rights, the Whiskeytown-Shasta-Trinity National Recreation Area in the
State of California (hereinafter referred to as the ''recreation
area''). The boundaries of the recreation area, which consists of the
Whiskeytown unit, the Shasta unit, and the Clair Engle-Lewiston unit,
shall be those shown in drawing numbered BOR-WST 1004, dated July 1963,
entitled ''Proposed Whiskeytown-Shasta-Trinity National Recreation
Area'', which is on file and available for public inspection in the
office of the Director of the Bureau of Outdoor Recreation, Department
of the Interior. The Whiskeytown unit shall be administered by the
Secretary of the Interior; and the Shasta and Clair Engle-Lewiston
units shall be administered by the Secretary of Agriculture, except that
lands or waters needed or used for the operation of the Central Valley
project shall continue to be administered by the Secretary of the
Interior to the extent he determines to be required for such operation.
The two Secretaries shall coordinate their planning and administration
of the respective units in such manner as to provide integrated
management policies for the recreation area as a whole for the purposes
of this subchapter in order to bring about uniformity to the fullest
extent feasible in the administration and use of the recreation area.
(Pub. L. 89-336, 1, Nov. 8, 1965, 79 Stat. 1295.)
16 USC 460q-1. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary concerned; manner and place; concurrence
of State owner; transfer from Federal agency to administrative
jurisdiction of appropriate Secretary; limitation of acquisition of
easements during existence of zoning ordinance; uniform policy
considerations
Within the boundaries of the portion of the recreation area under his
jurisdiction and outside such boundaries when required for the
construction or improvement of access roads thereto, each Secretary is
authorized to acquire lands, waters, or other property, or any interest
therein, in such manner, including exchange as hereinafter provided, as
he considers to be in the public interest to carry out the purposes of
this subchapter. In connection with any such acquisition, each
Secretary may permit the grantor a reservation of all or any part of the
minerals or of any other interest or right of use in such lands or
waters on such terms and conditions as the Secretary may deem
appropriate. Any property or interest therein owned by the State of
California or any political subdivision thereof within the recreation
area may be acquired under the authority of this subchapter only with
the concurrence of the owner. Notwithstanding any other provision of
law, any Federal property located within the recreation area may, with
the concurrence of the agency having custody thereof, be transferred
without consideration to the administrative jurisdiction of the
appropriate Secretary for use by him in carrying out the purposes of
this subchapter.
The Secretary of the Interior, in order to assure public access to
Clear Creek and to provide hiking and horseback riding trails for the
public, may, as he deems necessary for these purposes acquire such
easements or other interests on either or both sides of Clear Creek
between the south boundary of the Whiskeytown unit and the highway at
Igo, California.
The Secretary of Agriculture is authorized to acquire scenic
easements or such other interests, including ownership of the land
therein, as he determines to be appropriate to protect and assure the
appearance of a strip of land not to exceed six hundred and sixty feet
on each side of the centerline of Federal Aid Secondary Highway Numbered
1089 between the points where said highway crosses the south line of
sections 19 and 20, township 35 north, range 8 west, and where it
crosses the south line of section 18, township 36 north, range 7 west,
on the northwesterly side of the Clair Engle-Lewiston unit: Provided,
That such easements or interests shall not be acquired without the
consent of the owners so long as the appropriate local zoning agency
shall have in force and applicable to such property a duly adopted,
valid, zoning ordinance that, in the judgment of the Secretary of
Agriculture, conforms to the zoning standards set forth in regulations
issued pursuant to subsection (e) of this section.
The two Secretaries shall engage in mutual consultation with respect
to such acquisition and to exchange transactions so as to promote
uniform policies therefor insofar as practicable, taking into
consideration the purposes of the recreation area as a whole, the
responsibility of the Secretary of the Interior for the administration
of federally owned minerals and of the Central Valley project, and the
responsibility of the Secretary of Agriculture for the administration of
national forests.
(b) Exchange of property; cash equalization payments; value of
mineral interests
When the public interests will be benefited thereby, the Secretary of
the Interior and the Secretary of Agriculture are each authorized to
accept title to any non-Federal property within any part of the
recreation area and in exchange therefor convey to the grantor of such
property any federally owned property under his jurisdiction within the
State of California which he classifies as suitable for exchange or
other disposal, notwithstanding any other provision of law. The
properties so exchanged shall be approximately equal in fair market
value: Provided, That the Secretary of the Interior or the Secretary of
Agriculture, as the case may be, may accept cash from or pay cash to the
grantor in such exchange in order to equalize the value of the
properties exchanged. The Secretary of Agriculture shall obtain the
concurrence of the Secretary of the Interior with respect to the value
of any mineral interests in any such exchange proposed to be made by the
Secretary of Agriculture.
(c) Reservation of use and occupancy of improved property for
noncommercial residential purposes; term; valuation
Any owner or owners of improved residential property on the date of
its acquisition by either Secretary may, as a condition to such
acquisition, retain the right of use and occupancy of the property by
himself and members of his immediate family for noncommercial
residential purposes for a term ending at the death of such owner, the
death of his spouse, or the day his last surviving child reaches the age
of thirty, whichever is the latest. The value of the right retained
shall be taken into consideration by the respective Secretary in
determining the value of the property being acquired.
(d) Limitation of acquisition of improved property during existence
of zoning ordinance; ''improved property'' defined
Privately owned ''improved property'' or interests therein shall not
be acquired under this subchapter without the consent of the owner so
long as an appropriate local zoning agency shall have in force and
applicable to such property a duly adopted, valid, zoning ordinance that
is approved by the Secretary having jurisdiction of the unit wherein the
property is located. The term ''improved property'' as used in this
subchapter shall mean any building or group of related buildings the
actual construction of which was begun before February 7, 1963, together
with not more than three acres of the land in the same ownership on
which the building or group of buildings is situated: Provided, That
the respective Secretary may exclude from improved property any shore or
waters, together with so much of the land adjoining such shore or waters
as he deems necessary for public access thereto.
(e) Zoning regulations; amendments; standards for ordinances;
commercial or industrial use prohibition; use, acreage, frontage,
setback, density, height, or other requirements; notice of variances;
approval of ordinances
Prior to the approval of any zoning ordinance for the purposes of
this section, the Secretary of the Interior and the Secretary of
Agriculture shall jointly issue regulations, which may be amended from
time to time, specifying standards for such zoning ordinances.
Standards specified in such regulations shall have the object of (1)
prohibiting new commercial or industrial uses, other than commercial or
industrial uses which the Secretaries consider to be consistent with the
purposes of this subchapter; (2) promoting the protection and
development of properties for purposes of this subchapter by means of
use, acreage, frontage, setback, density, height, or other requirements;
and (3) providing that the appropriate Secretary shall receive notice
of any variance granted under, or any exception made to, the application
of the zoning ordinance. Following issuance of such regulations, each
Secretary shall approve any zoning ordinance or any amendment to an
approved zoning ordinance submitted to him that conforms to the
standards contained in the regulations in effect at the time of adoption
of the ordinance or amendment. Such approval shall remain effective for
so long as such ordinance or amendment remains in effect as approved.
(f) Termination of suspension of authority for acquisition without
owner's consent because of non-conforming variances and uses
The suspension of the respective Secretary's authority to acquire any
improved property without the owner's consent shall automatically cease
if (1) such property is made the subject of a variance or exception to
any applicable zoning ordinance that does not conform to any applicable
standard contained in regulations issued pursuant to this section; or
(2) if such property is put to any use which does not conform to any
applicable zoning ordinance.
(g) Certificate of suspension of authority for acquisition without
owner's consent
Each Secretary shall furnish to any party in interest upon request a
certificate indicating the property with respect to which the
Secretary's authority to acquire without the owner's consent is
suspended.
(h) Development plans; certification of Secretary of Agriculture;
suspension of authority for acquisition without owner's consent;
exception
Within the Shasta and Clair Engle-Lewiston units any owner of
unimproved property who proposes to develop his property or a part
thereof for service to the public may submit to the Secretary of
Agriculture a development plan which shall set forth the manner in which
and the time by which the property is to be developed and the use to
which it is proposed to be put. If upon review of such plan the
Secretary determines that the development and use of the property in the
manner prescribed conforms to a zoning ordinance approved in accordance
with the provisions of this section and that such use and development
would serve the purposes of this subchapter, the Secretary of
Agriculture may in his discretion issue to such owner a certificate to
that effect. Upon the issuance of any such certificate and so long as
such property is developed, maintained, and used in conformity
therewith, the authority of the Secretary of Agriculture to acquire such
property or any interest therein without the consent of the owner shall
be suspended. This subsection shall not apply to any property which the
Secretary of Agriculture determines to be needed for easements and
rights-of-way for access, utilities, or facilities, or for
administrative sites, campgrounds, or other areas needed for use by the
United States for visitors to the national recreation area.
(Pub. L. 89-336, 2, Nov. 8, 1965, 79 Stat. 1295.)
16 USC 460q-2. Establishment of units; publication in Federal
Register; boundary descriptions
TITLE 16 -- CONSERVATION
(a) Shasta; Clair Engle-Lewiston
When the Secretary of Agriculture determines that sufficient lands,
waters, or interest therein are owned or have been acquired by the
United States within the boundaries of the Shasta unit or within the
boundaries of the Clair Engle-Lewiston unit to permit efficient initial
development and administration for the purposes of this subchapter, he
shall publish in the Federal Register a notice to that effect and a
detailed description of the boundaries of such unit.
(b) Whiskeytown
When the Secretary of the Interior determines that sufficient lands,
waters, or interest therein are owned or have been acquired by the
United States within the boundaries of the Whiskeytown unit to permit
efficient initial development and administration for the purposes of
this subchapter, he shall publish in the Federal Register a notice to
that effect and a detailed description of the boundaries of the unit.
(c) Acquisition of property
Following the publication of any such notice, the respective
Secretaries may continue to acquire the remaining property within the
recreation area.
(Pub. L. 89-336, 3, Nov. 8, 1965, 79 Stat. 1297.)
16 USC 460q-3. Administration; land and water use management plans,
preparation and revision; utilization of statutory authorities
TITLE 16 -- CONSERVATION
(a) Each Secretary is authorized and directed to administer the
portion of the recreation area under his jurisdiction in a manner
coordinated with the other purposes of the Central Valley project and
with the purposes of the recreation area as a whole and in such manner
as in his judgment will best provide for (1) public outdoor recreation
benefits; (2) conservation of scenic, scientific, historic, and other
values contributing to public enjoyment; and (3) such management,
utilization, and disposal of renewable natural resources as in the
judgment of the respective Secretary will promote or is compatible with,
and does not significantly impair, public recreation and conservation of
scenic, scientific, historic, or other values contributing to public
enjoyment. Such administration shall be carried out under land and
water use management plans which each Secretary shall prepare and may
from time to time revise in consultation with the other.
(b) In the administration of the portion of the recreation area under
his jurisdiction --
(1) the Secretary of Agriculture shall utilize statutory authorities
relating to the national forests in such manner as he deems appropriate
to carry out the purposes of this subchapter; and
(2) the Secretary of the Interior may utilize such statutory
authorities relating to areas of the national park system and such
statutory authority otherwise available to him for the conservation and
development of natural resources as he deems appropriate to carry out
the purposes of this subchapter.
(Pub. L. 89-336, 4, Nov. 8, 1965, 79 Stat. 1298.)
16 USC 460q-4. Hunting and fishing
TITLE 16 -- CONSERVATION
Each Secretary shall permit hunting and fishing on lands and waters
under his jurisdiction within the recreation area in accordance with the
applicable laws of the State of California and of the United States:
Provided, That each Secretary may designate zones where, and establish
periods when, no hunting or fishing shall be permitted for reasons of
public safety, administration, or public use and enjoyment not
compatible with hunting or fishing. Regulations prescribing any such
restrictions shall be issued after consultation with the California
Department of Fish and Game.
(Pub. L. 89-336, 5, Nov. 8, 1965, 79 Stat. 1298.)
16 USC 460q-5. Mineral development; payment of receipts into certain
funds or accounts in Treasury; disposition of receipts
TITLE 16 -- CONSERVATION
The lands within the recreation area, subject to valid existing
rights, are hereby withdrawn from location, entry, and patent under the
United States mining laws. The Secretary of the Interior, under such
regulations as he deems appropriate, may permit the removal of the
nonleasable minerals from lands or interests in lands under his
jurisdiction within the recreation area in the manner prescribed by
section 387 of title 43, and from those under the jurisdiction of the
Secretary of Agriculture within the recreation area in accordance with
the provisions of section 192c of title 30, and he may permit the
removal of leasable minerals from lands or interests in lands within the
recreation area in accordance with the Mineral Leasing Act of February
25, 1920, as amended (30 U.S.C. 181 et seq.), or the Acquired Lands
Mineral Leasing Act of August 7, 1947 (30 U.S.C. 351 et seq.), if he
finds that such disposition would not have significant adverse effects
on the purposes of the Central Valley project or the administration of
the recreation area: Provided, That any lease or permit respecting such
minerals in lands administered by the Secretary of Agriculture shall be
issued only with his consent and subject to such conditions as he may
prescribe.
All receipts derived from permits and leases issued under the
authority of this section on lands administered by the Secretary of
Agriculture shall be paid into the same funds or accounts in the
Treasury of the United States and shall be distributed in the same
manner as provided for other receipts from the lands affected by the
lease or permit, except that any receipts derived from permits or leases
issued on those or other lands in the recreation area under the Mineral
Leasing Act of February 25, 1920, as amended, or the Act of August 7,
1947, shall be disposed of as provided in the applicable Act; and
receipts from the disposition of nonleasable minerals from public lands
under the jurisdiction of the Secretary of the Interior shall be
disposed of in the same manner as moneys received from the sale of
public lands.
(Pub. L. 89-336, 6, Nov. 8, 1965, 79 Stat. 1298.)
The United States mining laws, referred to in text, are classified
generally to Title 30, Mineral Lands and Mining.
The Mineral Leasing Act of February 25, 1920, as amended, referred to
in text, is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended,
known as the Mineral Leasing Act, which is classified generally to
chapter 3A ( 181 et seq.) of Title 30. For complete classification of
this Act to the Code, see Short Title note set out under section 181 of
Title 30 and Tables.
The Acquired Lands Mineral Leasing Act of August 7, 1947, referred to
in text, is act Aug. 7, 1947, ch. 513, 61 Stat. 913, as amended,
which is classified generally to chapter 7 ( 351 et seq.) of Title 30.
For complete classification of this Act to the Code, see Short Title
note set out under section 351 of Title 30 and Tables.
16 USC 460q-6. State jurisdiction
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall deprive any State or political
subdivision thereof of its right to exercise civil and criminal
jurisdiction within the recreation area or of its right to tax persons,
corporations, franchises, or property, including mineral or other
interests, in or on lands or waters within the recreation area.
(Pub. L. 89-336, 7, Nov. 8, 1965, 79 Stat. 1299.)
16 USC 460q-7. Shasta and Trinity National Forests; additions of lands
TITLE 16 -- CONSERVATION
The exterior boundaries of the Shasta National Forest in the State of
California are hereby extended to include the lands described in the Act
of March 19, 1948 (62 Stat. 83), and sections 22 and 27, township 35
north, range 1 west, Mount Diablo base and meridian. The exterior
boundaries of the Trinity National Forest in the State of California are
hereby extended to include all of sections 4, 5, and 8, the east half
and the northwest quarter of section 6, the east half of section 7, the
northwest quarter of section 17, and the northeast quarter of section
18, township 33 north, range 8 west, Mount Diablo base and meridian.
Subject to any valid claim or entry now existing and hereafter legally
maintained, all public lands of the United States and all lands of the
United States heretofore or hereafter acquired or reserved for use in
connection with the Shasta, Clair Engle, or Lewiston Reservoirs of the
Central Valley project within the exterior boundaries of the Shasta and
Trinity National Forests which have not heretofore been added to and
made a part of such forests, and all lands of the United States acquired
for the purposes of the recreation area in the Shasta or Clair
Engle-Lewiston units are hereby added to and made a part of the
respective national forests within which they are situated: Provided,
That lands within the flow lines of any reservoir operated and
maintained by the Department of the Interior or otherwise needed or used
for the operation of the Central Valley project shall continue to be
administered by the Secretary of the Interior to the extent he
determines to be required for such operation.
(Pub. L. 89-336, 8, Nov. 8, 1965, 79 Stat. 1299.)
Act of March 19, 1948 (62 Stat. 83), referred to in text, is act Mar.
19, 1948, ch. 139, 62 Stat. 83. See paragraph entitled ''Shasta
National Forest'' set out in the Codification note under sections 486a
to 486w of this title.
16 USC 460q-8. Revenues and fees; disposition
TITLE 16 -- CONSERVATION
Revenues and fees obtained by the United States from operation of the
national recreation area shall be subject to the same statutory
provisions concerning the disposition thereof as are similar revenues
collected in areas of the national park system except that fees and
revenues obtained from mineral development and from activities under
other public land laws within the recreation area shall be disposed of
in accordance with the provisions of the applicable laws.
(Pub. L. 89-336, 9, Nov. 8, 1965, 79 Stat. 1300.)
16 USC 460q-9. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated for the acquisition of
lands and interests in land pursuant to the provisions of this
subchapter not more than $21,600,000. There are also authorized to be
appropriated not more than $24,649,000 for the development of recreation
facilities pursuant to the provisions of this subchapter.
(Pub. L. 89-336, 10, Nov. 8, 1965, 79 Stat. 1300; Pub. L. 95-625,
title I, 101(27), Nov. 10, 1978, 92 Stat. 3472.)
1978 -- Pub. L. 95-625 increased development appropriations
authorization to $24,649,000 from $22,700,000.
16 USC SUBCHAPTER LXXVI -- MOUNT ROGERS NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460r. Establishment of recreation area
TITLE 16 -- CONSERVATION
In order to provide for the public outdoor recreation use and
enjoyment of the area in the vicinity of Mount Rogers, the highest
mountain in the State of Virginia, and to the extent feasible the
conservation of scenic, scientific, historic, and other values of the
area, the Secretary of Agriculture shall establish the Mount Rogers
National Recreation Area in the Jefferson National Forest in the State
of Virginia.
(Pub. L. 89-438, 1, May 31, 1966, 80 Stat. 190.)
16 USC 460r-1. Designation of area; boundaries; publication in
Federal Register
TITLE 16 -- CONSERVATION
The Secretary of Agriculture (hereinafter called the ''Secretary'')
shall --
(1) designate as soon as practicable after May 31, 1966, the Mount
Rogers National Recreation Area within and adjacent to, and as a part
of, the Jefferson National Forest in Virginia comprised of the area the
boundaries of which shall be those shown on the map entitled ''Proposed
Mount Rogers National Recreation Area'', dated 1965, which is on file
and available for public inspection in the office of the Chief, Forest
Service, Department of Agriculture; and
(2) public notice of the designation in the Federal Register,
together with a map showing the boundaries of the recreation area.
(Pub. L. 89-438, 2, May 31, 1966, 80 Stat. 190.)
16 USC 460r-2. Acquisition of lands
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; manner and place; concurrence of State
owner
The Secretary shall acquire by purchase with donated or appropriated
funds, by gift, exchange, condemnation, transfer from any Federal
agency, or otherwise, such lands, waters, or interests therein,
including scenic or other easements within the boundaries of the
recreation area as he determines to be needed or desirable for the
purposes of this subchapter. Lands, waters, or interests therein owned
by the State of Virginia or any political subdivision of that State may
be acquired only with the concurrence of such owner.
(b) Transfer from Federal agency to administrative jurisdiction of
Secretary
Notwithstanding any other provision of law, any Federal property
located within the boundaries of the recreation area may, with the
concurrence of the agency having custody thereof, be transferred without
consideration to the administrative jurisdiction of the Secretary for
use by him in implementing the purpose of this subchapter.
(c) Exchange of property
In exercising his authority to acquire lands by exchange the
Secretary may accept title to non-Federal property within the recreation
area and convey to the grantor of such property any federally owned
property in the State of Virginia under his jurisdiction.
(Pub. L. 89-438, 3, May 31, 1966, 80 Stat. 190.)
16 USC 460r-3. Outdoor recreation facilities development
TITLE 16 -- CONSERVATION
(a) Accelerated program
After the Secretary acquires an acreage within the area designated
pursuant to section 460r-1 of this title that is in his opinion
efficiently administrable to carry out the purposes of this subchapter,
he shall institute an accelerated program of development of facilities
for outdoor recreation. Said facilities shall be so devised to take
advantage of the topography and geographical location of the lands in
relation to the growing recreation needs of the people of the United
States.
(b) Cooperation with Federal and State agencies
The Secretary may cooperate with all Federal and State authorities
and agencies that have programs which will hasten completion of the
recreation area and render services which will aid him in evaluating and
effectuating the establishment of adequate summer and winter outdoor
recreation facilities.
(Pub. L. 89-438, 4, May 31, 1966, 80 Stat. 191.)
16 USC 460r-4. Administration, protection, and development of area
TITLE 16 -- CONSERVATION
The administration, protection, and development of the recreation
area shall be by the Secretary of Agriculture in accordance with the
laws, rules, and regulations applicable to national forests, in such
manner as in his judgment will best provide for (1) public outdoor
recreation benefits; (2) conservation of scenic, scientific, historic,
and other values contributing to public enjoyment; and (3) such
management, utilization, and disposal of natural resources as in his
judgment will promote, or is compatible with, and does not significantly
impair the purposes for which the recreation area is established.
(Pub. L. 89-438, 5, May 31, 1966, 80 Stat. 191.)
16 USC 460r-5. Hunting and fishing
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting and fishing on lands and waters
under his jurisdiction within the Mount Rogers National Recreation Area
in accordance with applicable Federal and State laws. The Secretary may
designate zones where, and establish periods when, no hunting shall be
permitted for reasons of public safety, administration, or public use
and enjoyment, and shall issue regulations after consultation with the
Commission of Game and Inland Fisheries of the State of Virginia.
(Pub. L. 89-438, 6, May, 31, 1966, 80 Stat. 191.)
16 USC SUBCHAPTER LXXVII -- PICTURED ROCKS NATIONAL LAKESHORE
TITLE 16 -- CONSERVATION
16 USC 460s. Establishment
TITLE 16 -- CONSERVATION
In order to preserve for the benefit, inspiration, education,
recreational use, and enjoyment of the public a significant portion of
the diminishing shoreline of the United States and its related
geographic and scientific features, the Secretary of the Interior
(hereinafter referred to as the ''Secretary'') is authorized to take
appropriate action, as herein provided, to establish in the State of
Michigan the Pictured Rocks National Lakeshore.
(Pub. L. 89-668, 1, Oct. 15, 1966, 80 Stat. 922.)
16 USC 460s-1. Description of area
TITLE 16 -- CONSERVATION
The area comprising that particular land and water depicted on the
map identified as ''Proposed Pictured Rocks National Lakeshore, United
States Department of the Interior, National Park Service, Boundary Map,
NL-PR-7100A, July 1966'', which is on file and available for public
inspection in the office of the National Park Service of the Department
of the Interior, is hereby designated for establishment as the Pictured
Rocks National Lakeshore. An exact copy of such map shall be filed for
publication in the Federal Register within thirty days following October
15, 1966.
(Pub. L. 89-668, 2, Oct. 15, 1966, 80 Stat. 922.)
16 USC 460s-2. Direction for establishment; publication in Federal
Register
TITLE 16 -- CONSERVATION
As soon as practicable after October 15, 1966, and following the
acquisition by the Secretary of an acreage within the boundaries of the
area which in his opinion is efficiently administrable for the purposes
of this subchapter, he shall establish the Pictured Rocks National
Lakeshore by publication of notice thereof in the Federal Register.
(Pub. L. 89-668, 3, Oct. 15, 1966, 80 Stat. 922.)
16 USC 460s-3. Pictured Rocks National Lakeshore Advisory Commission
TITLE 16 -- CONSERVATION
(a) Establishment; termination
There is hereby established a Pictured Rocks National Lakeshore
Advisory Commission. Said commission shall terminate ten years after
the date the lakeshore is established pursuant to this subchapter.
(b) Membership; term
The commission shall be composed of five members, each appointed for
a term of two years by the Secretary, as follows:
(1) Two members to be appointed from recommendations made by the
county in which the lakeshore is situated;
(2) Two members to be appointed from recommendations made by the
Governor of the State of Michigan; and
(3) One member to be designated by the Secretary.
(c) Chairman; vacancies
The Secretary shall designate one member to be chairman. Any vacancy
in the commission shall be filled in the same manner in which the
original appointment was made.
(d) Compensation and expenses
Members of the commission shall serve without compensation as such.
The Secretary is authorized to pay the expenses reasonably incurred by
the commission in carrying out its responsibilities under this
subchapter on vouchers signed by the chairman.
(e) Development consultations
The Secretary or his designee shall, from time to time, consult with
the commission with respect to the matters relating to the development
of the Pictured Rocks National Lakeshore.
(Pub. L. 89-668, 4, Oct. 15, 1966, 80 Stat. 922.)
16 USC 460s-4. Hunting and fishing
TITLE 16 -- CONSERVATION
In administering the lakeshore the Secretary shall permit hunting and
fishing on lands and waters under his jurisdiction in accordance with
the applicable laws of the United States and of Michigan. The
Secretary, after consultation with the Michigan Department of
Conservation, may designate zones and establish periods where and when
no hunting shall be permitted for reasons of public safety,
administration, or public use and enjoyment. The Secretary shall, after
consultation with such department, issue regulations, consistent with
this section, as he may determine necessary to carry out the purposes of
this section.
(Pub. L. 89-668, 5, Oct. 15, 1966, 80 Stat. 923.)
16 USC 460s-5. Administration, protection, and development
TITLE 16 -- CONSERVATION
(a) Utilization of authority for conservation and management of
natural resources
The administration, protection, and development of the Pictured Rocks
National Lakeshore shall be exercised by the Secretary, subject to the
provisions of sections 1 and 2 to 4 of this title, as amended and
supplemented, relating to the areas administered and supervised by the
Secretary through the National Park Service; except that authority
otherwise available to the Secretary for the conservation and management
of natural resources may be utilized to the extent he finds such
authority will further the purposes of this subchapter.
(b) Land and water use management plan; preparation and
implementation; provisions
In the administration, protection, and development of the lakeshore,
the Secretary shall prepare and implement a land and water use
management plan, which shall include specific provision for --
(1) development of facilities to provide the benefits of public
recreation, including a scenic shoreline drive;
(2) protection of scenic, scientific, and historic features
contributing to public enjoyment; and
(3) such protection, management, and utilization (subject to the
provisions of sections 460s-8 and 460s-9 of this title) of renewable
natural resources, including forage and forest products, as in the
judgment of the Secretary is consistent with, and does not significantly
impair public recreation and protection of scenic, scientific, and
historic features contributing to public enjoyment.
(Pub. L. 89-668, 6, Oct. 15, 1966, 80 Stat. 923.)
16 USC 460s-6. Taxing power
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall be construed as prohibiting
governmental jurisdiction in the State of Michigan from assessing taxes
upon any interest in real estate retained under the provisions of
section 460s-10 of this title to the owner of such interest.
(Pub. L. 89-668, 7, Oct. 15, 1966, 80 Stat. 923.)
16 USC 460s-7. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; manner and place; condemnation
authority
The Secretary is authorized, subject to the limitations, conditions,
and restrictions imposed by this subchapter, to acquire the land, water,
and other property, and improvements thereon, and any interests therein
(including easements) within the boundary described in section 460s-1 of
this title by donation, purchase with donated or appropriated funds,
transfer from any Federal agency, exchange, or condemnation; except
that such authority to acquire by condemnation shall be exercised only
in the manner and to the extent specifically authorized in this
subchapter.
(b) Sale offers; hardship from delay
In exercising his authority to acquire property under this
subchapter, the Secretary shall give immediate and careful consideration
to any offer made by an individual owning property within the lakeshore
to sell such property to the Secretary. In considering any such offer,
the Secretary shall take into consideration any hardship to the owner
which might result from any undue delay in acquiring his property.
(c) State donations; transfer from Federal agency to administrative
jurisdiction of Secretary
Any property or interests therein, owned by the State of Michigan, or
any political subdivisions thereof, may be acquired only by donation.
Notwithstanding any other provision of law, any Federal property located
within such area may, with the concurrence of the agency having custody
thereof, be transferred without consideration to the administrative
jurisdiction of the Secretary for use by him in carrying out the
provisions of this subchapter.
(d) Negotiation and purchase; condemnation proceedings; fair market
value
The Secretary shall make every reasonable effort to acquire property
through negotiation and purchase. Where agreement is not reached and
condemnation proceedings are filed, the owner of such property shall be
paid the fair market value thereof as determined in such proceedings.
(e) Condemnation to acquire clear, marketable and encumbrance-free
title
Nothing in this subchapter shall be construed to prohibit the use of
condemnation as a means of acquiring a clear and marketable title, free
of any and all encumbrances.
(f) Exchange of properties; cash equalization payments
In exercising his authority to acquire property by exchange the
Secretary may accept title to any non-Federal property within the area
designated by section 460s-1 of this title for inclusion in the
lakeshore, and in exchange therefor he may convey to the grantor of such
property any federally owned property under his jurisdiction within the
State of Michigan which he classifies as suitable for exchange or other
disposal. The values of the properties so exchanged either shall be
approximately equal or, if they are not approximately equal, the values
shall be equalized by the payment of cash to the grantor or to the
Secretary as the circumstances require.
(Pub. L. 89-668, 8, Oct. 15, 1966, 80 Stat. 923.)
16 USC 460s-8. Inland buffer zone
TITLE 16 -- CONSERVATION
(a) Statement of purposes
The area hereinafter described in subsection (b) of this section is
hereby established as an inland buffer zone in order to stabilize and
protect the existing character and uses of the lands, waters, and other
properties within such zone for the purpose of preserving the setting of
the shoreline and lakes, protecting the watersheds and streams, and
providing for the fullest economic utilization of the renewable
resources through sustained yield timber management and other resource
management compatible with the purposes of this subchapter.
(b) Description of area; places for examination of map
As used in this subchapter, the term ''inland buffer zone'' means
that part of the lakeshore delineated as such on the map identified as
''Proposed Pictured Rocks National Lakeshore, United States Department
of the Interior, National Park Service, Boundary Map, NL-PR-7100A, July,
1966''. The Secretary shall file the map with the Office of the Federal
Register, and it may also be examined in the Offices of the Department
of the Interior.
(Pub. L. 89-668, 9, Oct. 15, 1966, 80 Stat. 924.)
16 USC 460s-9. Property subject to condemnation
TITLE 16 -- CONSERVATION
(a) Limitation on condemnation of improved or other property
The Secretary shall be prohibited from acquiring by condemnation any
(1) improved property within the inland buffer zone or (2) property
within the inland buffer zone during all times when, in his judgment,
such property is being used (A) for the growing and harvesting of timber
under a scientific program of selective cutting and forest management,
or (B) for commercial purposes, if such commercial purposes are the same
such purposes for which such property is being used on December 31,
1964, so long as the use of such improved or other property would
further the purposes of this subchapter and such use does not impair the
usefulness and attractiveness of the lakeshore.
(b) ''Improved property'' defined
As used in this subchapter, the term ''improved property'' shall mean
any one-family dwelling on which construction was begun before December
31, 1964, together with so much of the land on which the dwelling is
situated (such land being in the same ownership as the dwelling) as
shall be reasonably necessary for the enjoyment of the dwelling.
(Pub. L. 89-668, 10, Oct. 15, 1966, 80 Stat. 924.)
16 USC 460s-10. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Owner's retention of right of use and occupancy for residential
purposes for term of years or life; adjustment of compensation;
conveyance or lease of right for noncommercial residential purposes
Any owner or owners of improved property on the date of its
acquisition by the Secretary may, as a condition to such acquisition,
retain, for a term of not to exceed twenty-five years, or for a term
ending at the death of such owner or owners, the right of use and
occupancy of such property for any residential purpose which is not
incompatible with the purposes of this subchapter or which does not
impair the usefulness and attractiveness of the area designated for
inclusion. The Secretary shall pay to the owner the value of the
property on the date of such acquisition, less the value on such date of
the right retained by the owner. Where any such owner retains a right
of use and occupancy as herein provided, such right during its existence
may be conveyed or leased for noncommercial residential purposes in
accordance with the provisions of this section.
(b) Termination of use and occupancy because of noncompliance with
statutory uses; adjustment of compensation
Any deed or other instrument used to transfer title to property, with
respect to which a right of use and occupancy is retained under this
section, shall provide that such property shall not be used for any
purpose which is incompatible with purposes of this subchapter, or which
impairs the usefulness and attractiveness of the lakeshore and if it
should be so used, the Secretary shall have authority to terminate such
right. In the event the Secretary exercises his power of termination
under this subsection he shall pay to the owner of the right terminated
an amount equal to the value of that portion of such right which
remained unexpired on the date of such termination.
(c) Land subject to lease of cottage or hunting lodge; new lease for
term of years or life; conditions of lease
Any land acquired by the Secretary under this subchapter on which
there is situated a cottage or hunting lodge which, on December 31,
1964, was under lease to any lessee or lessees shall, if such lease is
in effect on the date such land is so acquired, be acquired by the
Secretary subject to such lease and the right of such lessee or lessees
to continue using the property covered by such lease in accordance with
the provisions thereof. Upon the expiration of such lease, the
Secretary shall have the authority to enter into a lease with such
lessee or lessees authorizing them to continue using such cottage or
lodge (as the case may be) for a term of not to exceed twenty-five
years, or for a term ending at the death of such lessee or lessees,
subject to such conditions as may be prescribed by the Secretary.
(Pub. L. 89-668, 11, Oct. 15, 1966, 80 Stat. 925.)
16 USC 460s-11. Zoning bylaws; assistance and consultation with
township or county officers or employees; technical aid payments
TITLE 16 -- CONSERVATION
The Secretary shall, at the request of any township or county in or
adjacent to the lakeshore affected by this subchapter, assist and
consult with the appropriate officers and employees of such township or
county in establishing zoning bylaws. Such assistance may include
payments to the county or township for technical aid.
(Pub. L. 89-668, 12, Oct. 15, 1966, 80 Stat. 925.)
16 USC 460s-12. Certificate of prohibition of authority for acquisition
by condemnation
TITLE 16 -- CONSERVATION
The Secretary shall furnish to any interested person requesting the
same a certificate indicating, with respect to any property which the
Secretary has been prohibited from acquiring by condemnation in
accordance with provisions of this subchapter, that such authority is
prohibited and the reasons therefor.
(Pub. L. 89-668, 13, Oct. 15, 1966, 80 Stat. 925.)
16 USC 460s-13. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated not more than
$6,873,000 for the acquisition of lands and interests in land in
connection with, and not more than $6,348,000 for development of, the
Pictured Rocks National Lakeshore.
(Pub. L. 89-668, 14, Oct. 15, 1966, 80 Stat. 925.)
16 USC SUBCHAPTER LXXVIII -- BIGHORN CANYON NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460t. Establishment of recreation area
TITLE 16 -- CONSERVATION
(a) Statement of purposes; description of boundaries
In order to provide for public outdoor recreation use and enjoyment
of the proposed Yellowtail Reservoir and lands adjacent thereto in the
States of Wyoming and Montana by the people of the United States and for
preservation of the scenic, scientific, and historic features
contributing to public enjoyment of such lands and waters, there is
hereby established the Bighorn Canyon National Recreation Area to
comprise the area generally depicted on the drawing entitled ''Proposed
Bighorn Canyon National Recreation Area'', LNPMW-010A-BC, November 1964,
which is on file in the Office of the National Park Service, Department
of the Interior.
(b) Publication in Federal Register; boundary descriptions and
adjustments
As soon as practicable after October 15, 1966, the Secretary of the
Interior shall publish in the Federal Register a detailed description of
the boundaries of the area which shall encompass, to the extent
practicable, the lands and waters shown on the drawing referred to in
subsection (a) of this section. The Secretary may subsequently make
adjustments in the boundary of the area, subject to the provisions of
section 460t-1(b) of this title, by publication of an amended
description in the Federal Register.
(Pub. L. 89-664, 1, Oct. 15, 1966, 80 Stat. 913.)
16 USC 460t-1. Acquisition of land
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; manner and place; visitor contact
station and administrative site; exchange of property; cash
equalization payments; State property
The Secretary is authorized to acquire by donation, purchase with
donated or appropriated funds, exchange, or otherwise, lands and
interests in lands within the boundaries of the area. The Secretary is
further authorized to acquire, by any of the above methods, not to
exceed ten acres of land or interests therein outside of the boundaries
of the area in the vicinity of Lovell, Wyoming, for development and use,
pursuant to such special regulations as he may promulgate, as a visitor
contact station and administrative site. In the exercise of his
exchange authority the Secretary may accept title to any non-Federal
property within the area and convey in exchange therefor any federally
owned property under his jurisdiction in the States of Montana and
Wyoming which he classifies as suitable for exchange or other disposal,
notwithstanding any other provision of law. Property so exchanged shall
be approximately equal in fair market value: Provided, That the
Secretary may accept cash from, or pay cash to, the grantor in such an
exchange in order to equalize the values of the properties exchanged.
Any property or interest therein owned by the State of Montana or the
State of Wyoming or any political subdivision thereof within the
recreation area may be acquired only by donation or exchange.
(b) Crow Indian tribal lands
No part of the tribal mountain lands or any other lands of the Crow
Indian Tribe of Montana shall be included within the recreation area
unless requested by the council of the tribe. The Indian lands so
included may be developed and administered in accordance with the laws
and rules applicable to the recreation area, subject to any limitation
specified by the tribal council and approved by the Secretary.
(c) Crow Indian recreational facilities; ''shoreline'' defined
(1) Notwithstanding any other provisions of this subchapter or of any
other law, the Crow Indian Tribe shall be permitted to develop and
operate water-based recreational facilities, including landing ramps,
boathouses, and fishing facilities, along that part of the shoreline of
Yellowtail Reservoir which is adjacent to lands comprising the Crow
Indian Reservation. Any such part so developed shall be administered in
accordance with the laws and rules applicable to the recreation area,
subject to any limitations specified by the tribal council and approved
by the Secretary. Any revenues resulting from the operation of such
facilities may be retained by the Crow Indian Tribe.
(2) As used in this subsection, the term ''shoreline'' means that
land which borders both Yellowtail Reservoir and the exterior boundary
of the Crow Indian Reservation, together with that part of the reservoir
necessary to the development of the facilities referred to in this
subsection.
(Pub. L. 89-664, 2, Oct. 15, 1966, 80 Stat. 913.)
16 USC 460t-2. Administration
TITLE 16 -- CONSERVATION
(a) Coordination
The Secretary shall coordinate administration of the recreation area
with the other purposes of the Yellowtail Reservoir project so that it
will in his judgment best provide (1) for public outdoor recreation
benefits, (2) for conservation of scenic, scientific, historic, and
other values contributing to public enjoyment and (3) for management,
utilization, and disposal of renewable natural resources in a manner
that promotes, or is compatible with, and does not significantly impair,
public recreation and conservation of scenic, scientific, historic, or
other values contributing to public enjoyment.
(b) Utilization of statutory authorities
In the administration of the area for the purposes of this
subchapter, the Secretary may utilize such statutory authorities
relating to areas administered and supervised by the Secretary through
the National Park Service and such statutory authorities otherwise
available to him for the conservation and management of natural
resources as he deems appropriate to carry out the purposes of this
subchapter.
(Pub. L. 89-664, 3, Oct. 15, 1966, 80 Stat. 914.)
16 USC 460t-3. Hunting and fishing
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting and fishing on lands and waters
under his jurisdiction within the recreation area in accordance with the
appropriate laws of the United States and of the States of Montana or
Wyoming to the extent applicable, except that the Secretary may
designate zones where, and establish periods when, no hunting or fishing
shall be permitted for reasons of public safety, administration, fish or
wildlife management, or public use and enjoyment, and except that
nothing in this section shall impair the rights under other law of the
Crow Tribe and its members to hunt and fish on lands of the Crow Tribe
that are included in the recreation area, or the rights of the members
of the Crow Tribe to hunt and fish under section 2(d) of the Act of July
15, 1958. Except in emergencies, any regulations of the Secretary
pursuant to this section shall be put into effect only after
consultation with the Montana Fish and Game Department or the Wyoming
Game and Fish Commission.
(Pub. L. 89-664, 4, Oct. 15, 1966, 80 Stat. 914.)
Section 2(d) of the Act of July 15, 1958, 72 Stat. 363, referred to
in text, provided that: ''The members of the Crow Tribe of Indians of
Montana shall be permitted to hunt and fish in and on the Yellowtail
Reservoir and taking area without a license.'', and was not classified
to the Code.
16 USC 460t-4. Authorization of appropriations
TITLE 16 -- CONSERVATION
There is hereby authorized to be appropriated not more than $780,000
for the acquisition of land and interests in land pursuant to this
subchapter.
(Pub. L. 89-664, 5, Oct. 15, 1966, 80 Stat. 914; Pub. L. 92-272,
title I, 101(3), Apr. 11, 1972, 86 Stat. 120.)
1972 -- Pub. L. 92-272 increased the authorization of appropriations
from not more than $355,000 to not more than $780,000.
16 USC SUBCHAPTER LXXIX -- INDIANA DUNES NATIONAL LAKESHORE
TITLE 16 -- CONSERVATION
16 USC 460u. Establishment; description of area
TITLE 16 -- CONSERVATION
In order to preserve for the educational, inspirational, and
recreational use of the public certain portions of the Indiana dunes and
other areas of scenic, scientific, and historic interest and
recreational value in the State of Indiana, the Secretary of the
Interior is authorized to establish and administer the Indiana Dunes
National Lakeshore (hereinafter referred to as the ''lakeshore'') in
accordance with the provisions of this subchapter. The lakeshore shall
comprise the area within the boundaries delineated on a map identified
as ''Boundary Map, Indiana Dunes National Lakeshore'', dated October
1986, and numbered 626-80,033-B, which map is on file and available for
public inspection in the office of the Director of the National Park
Service, Department of the Interior.
(Pub. L. 89-761, 1, Nov. 5, 1966, 80 Stat. 1309; Pub. L. 94-549, 1(
1), Oct. 18, 1976, 90 Stat. 2529; Pub. L. 96-612, 1(2), Dec. 28, 1980,
94 Stat. 3575; Pub. L. 99-583, 1(a), Oct. 29, 1986, 100 Stat. 3318.)
1986 -- Pub. L. 99-583 substituted ''October 1986, and numbered
626-80,033-B'' for ''December 1980, and bearing the number 626-91014''.
1980 -- Pub. L. 96-612 substituted ''December 1980, and bearing the
number 626-91014'' for ''September 1976 and bearing the number
626-91007.''
1976 -- Pub. L. 94-549 substituted '''Boundary Map, Indiana Dunes
National Lakeshore', dated September 1976 and bearing the number
'626-91007''' for '''A Proposed Indiana Dunes National Lakeshore', dated
September 1966, and bearing the number 'LNPNE-1008-ID'''.
Section 2 of Pub. L. 96-612 provided that: ''Authorizations of
moneys to be appropriated under this Act (enacting sections 460u-20 to
460u-23 of this title and amending this section and sections 460u-1,
460u-3, 460u-5, 460u-7, and 460u-9 of this title) shall be effective on
October 1, 1981. Notwithstanding any other provision of this Act,
authority to enter into contracts, to incur obligations, or to make
payments under this Act shall be effective only to the extent, and in
such amounts, as are provided in advance in appropriation Acts.''
16 USC 460u-1. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; negotiation for Indiana Dunes State
Park; exchange of property; acquisition of land owned for educational
purposes
Within the boundaries of the lakeshore the Secretary of the Interior
(hereinafter referred to as the ''Secretary'') is authorized to acquire
lands, waters, and other property, or any interest therein, by donation,
purchase with donated or appropriated funds, exchange, or otherwise.
The Indiana Dunes State Park may be acquired only by donation of the
State of Indiana, and the Secretary is hereby directed to negotiate with
the State for the acquisition of said park. In exercising his authority
to acquire property by exchange for the purposes of this subchapter, the
Secretary may accept title to nonFederal property located within the
area described in section 460u of this title and convey to the grantor
of such property any federally owned property under the jurisdiction of
the Secretary which he classifies as suitable for exchange or other
disposal within the State of Indiana or Illinois. Properties so
exchanged shall be approximately equal in fair market value, as
determined by the Secretary who may, in his discretion, base his
determination on an independent appraisal obtained by him: Provided,
That the Secretary may accept cash from or pay cash to the grantor in
such an exchange in order to equalize the values of the properties
exchanged. The Secretary is expressly authorized to acquire by
donation, purchase with donated or appropriated funds, or exchange,
lands or interests therein which are owned for school or educational
purposes by a State or a political subdivision thereof.
(b) Liability of United States under contracts contingent on
appropriations
In exercising his authority to acquire property subsection (a) of
this section, the Secretary may enter into contracts requiring the
expenditure, when appropriated, of funds authorized to be appropriated
by section 460u-8 of this title, but the liability of the United States
under any such contract shall be contingent on the appropriation of
funds sufficient to fulfill the obligations thereby incurred.
(Pub. L. 89-761, 2, Nov. 5, 1966, 80 Stat. 1309; Pub. L. 96-612, 1(
3), (4), Dec. 28, 1980, 94 Stat. 3575.)
1980 -- Subsec. (a). Pub. L. 96-612, 1(3), inserted provision
authorizing the Secretary to acquire or exchange lands or interests
therein owned for school or educational purposes by a State or political
subdivision thereof.
Subsec. (b). Pub. L. 96-612, 1(4), substituted ''section 460u-8'' for
''section 460u-9''.
Pub. L. 97-356, Oct. 19, 1982, 96 Stat. 1703, provided: ''That (a)
notwithstanding the fourth sentence of section 2(a) of the Act entitled
'An Act to provide for the establishment of the Indiana Dunes National
Lakeshore, and for other purposes', approved November 5, 1966 (16 U.S.C.
460u-1(a)), or any other provision of law, the Secretary of the Interior
is authorized --
''(1) to accept from the State of Indiana the conveyance of 69.17
acres of land located within area IV-A, as designated on the map
referred to in the first section of such Act (16 U.S.C. 460u), commonly
known as 'Blue Heron Rookery', and
''(2) in exchange for such conveyance, to convey to the State of
Indiana 31.26 acres of land located within area IV, as designated on
such map, commonly known as 'Hoosier Prairie'.
''(b) The Secretary of the Interior may not carry out the conveyance
specified in subsection (a)(2) unless, simultaneously with such
conveyance and in consideration of such conveyance, the State of Indiana
--
''(1) transfers to the Secretary all right, title, and interest in
the land described in subsection (a)(1);
''(2) enters into a recordable agreement satisfactory to the
Secretary providing that --
''(A) the State will not use, or permit the use, of the land
described in subsection (a)(2) for any purpose other than the
interpretation and public appreciation and use of the Hoosier Prairie
Unit of the Indiana Dunes National Lakeshore;
''(B) the State will not transfer any right, title, or interest in,
or control over, any land described in subsection (a)(2) to any person
other than the Secretary;
''(C) the State will permit access by the Secretary at reasonable
times to the land described in subsection (a)(2); and
''(D) upon a final determination by the Secretary that --
''(i) the State has failed to comply with the requirements of
subparagraph (A) or (B), and
''(ii) after receipt of notice from the Secretary respecting such
failure, the State has failed or refused to comply with such
requirements,
all right, title, and interest in such land shall revert to the
United States for administration by the Secretary as part of the
lakeshore.
The Secretary may make a determination under subparagraph (D) only
after notice and opportunity for hearing on the record. The reversion
under subparagraph (D) shall take effect upon publication of such
determination by the Secretary in the Federal Register without further
notice or requirement for physical entry by the Secretary unless an
action for judicial review is brought in the United States court of
appeals for the appropriate circuit within ninety days following such
publication. In any such action the court may issue such orders as
appropriate to carry out the requirements of this subsection.''
16 USC 460u-2. Direction for establishment; publication in Federal
Register; continuing acquisition of lands
TITLE 16 -- CONSERVATION
As soon as practicable after November 5, 1966, and following the
acquisition by the Secretary of an acreage within the boundaries of the
area described in section 460u of this title which in his opinion is
efficiently administrable for the purposes of this subchapter, he shall
establish the Indiana Dunes National Lakeshore by publication of notice
thereof in the Federal Register. By no later than October 1, 1977, the
Secretary shall publish in the Federal Register a detailed description
of the boundaries of the lakeshore and shall from time to time so
publish any additional boundary changes as may occur. Following such
establishment and subject to the limitations and conditions prescribed
in section 460u of this title, the Secretary may continue to acquire
lands and interests in lands for the lakeshore.
(Pub. L. 89-761, 3, Nov. 5, 1966, 80 Stat. 1309; Pub. L. 94-549, 1(
2), Oct. 18, 1976, 90 Stat. 2529.)
1976 -- Pub. L. 94-549 inserted provision requiring the Secretary to
publish in the Federal Register, no later than October 1, 1977, the
boundaries of the lakeshore and from time to time publish any additional
changes in the boundaries as they occur.
16 USC 460u-3. ''Improved property'' and ''appropriate map'' defined;
terms and conditions for rights of use and occupancy
TITLE 16 -- CONSERVATION
As used in this subchapter, the term ''improved property'' means a
detached, one-family dwelling which meets each of the following
criteria:
(1) The construction of the dwelling began before the date (shown in
the table contained in this section) corresponding to the appropriate
map.
(2) The property is located within the boundaries delineated on the
map described in such table which corresponds to such date.
(3) The property is not located within the boundaries of any other
map referred to in such table which bears an earlier date.
The term ''appropriate map'', means a map identified as ''Boundary
Map -- Indiana Dunes National Lakeshore'' (or ''A Proposed Indiana Dunes
National Lakeshore'' in the case of a dwelling the construction of which
was begun before January 4, 1965) which is dated and numbered as
provided in the following table.
The term ''improved property'' also includes the lands on which the
dwelling is situated which meets both of the following criteria:
(A) The land is in the same ownership as the dwelling.
(B) The Secretary has designated the lands as reasonably necessary
for the enjoyment of the dwelling for the sole purpose of noncommercial
residential use.
Such term also includes any structures accessory to the dwelling
which are situated on the lands so designated. The maps referred to in
this section shall be on file and available for public inspection in the
Office of the Director of the National Park Service, Department of the
Interior. The Secretary shall designate the land referred to in
subparagraph (B). The amount of land so designated shall in every case
be not more than three acres in area, and in making such designation the
Secretary shall take into account the manner of noncommercial
residential use in which the dwelling and land have customarily been
enjoyed: Provided, That the Secretary may exclude from the land so
designated any beach or waters, together with so much of the land
adjoining such beach or waters, as he may deem necessary for public
access thereto or public use thereof. All rights of use and occupancy
shall be subject to such terms and conditions as the Secretary deems
appropriate to assure the use of such property in accordance with the
purposes of this subchapter.
(Pub. L. 89-761, 4, Nov. 5, 1966, 80 Stat. 1309; Pub. L. 94-549, 1(
3), Oct. 18, 1976, 90 Stat. 2529; Pub. L. 96-612, 1(5), Dec. 28, 1980,
94 Stat. 3575; Pub. L. 99-583, 1(b), Oct. 29, 1986, 100 Stat. 3318.)
1986 -- Pub. L. 99-583 substituted provisions defining ''improved
property'' and ''appropriate map'' for former provisions which read as
follows: ''The term ''improved property'', whenever used in this
subchapter, shall mean a detached, one-family dwelling, construction of
which was begun before January 1, 1981 or, in the case of improved
property located within the boundaries delineated on a map identified as
''Boundary Map, Indiana Dunes National Lakeshore'', dated September 1976
and bearing the number 626-91007, before February 1, 1973, or, in the
case of improved property located within the boundaries delineated on a
map identified as ''A Proposed Indiana Dunes National Lakeshore'', dated
September 1966, and bearing the number ''LNPNE-1008-ID'', which map is
on file and available for public inspection in the Office of the
Director of the National Park Service, Department of the Interior,
before January 4, 1965, together with so much of the land on which the
dwelling is situated, the said land being in the same ownership as the
dwelling, as the Secretary shall designate to be reasonably necessary
for the enjoyment of the dwelling for the sole purpose of noncommercial
residential use, together with any structures accessory to the dwelling
which are situated on the lands so designated.''
1980 -- Pub. L. 96-612 inserted ''January 1, 1981 or, in the case of
improved property located within the boundaries delineated on a map
identified as 'Boundary Map, Indiana Dunes National Lakeshore', dated
September 1976 and bearing the number 626-91007, before'' after ''begun
before''.
1976 -- Pub. L. 94-549 struck out subsec. (a) which related to the
suspension of the authority of the Secretary to acquire improved
property by condemnation when an appropriate zoning agency had in force
a valid zoning ordinance, designated subsec. (b) as the entire
provision, and in the entire provision as so designated, inserted
provision including in definition of ''improved property'' a one-family
dwelling the construction of which was begun before February 1, 1973, or
in the case of improved property located within the boundaries of the
map bearing the number ''LNPNE-1008-ID'', property the construction of
which was begun before January 4, 1965, and provision which subjected
all rights of use and occupancy to terms and conditions the Secretary
deems appropriate.
16 USC 460u-4. Repealed. Pub. L. 94-549, 1(9), Oct. 18, 1976, 90 Stat.
2533
TITLE 16 -- CONSERVATION
Section, Pub. L. 89-761, 5, Nov. 5, 1966, 80 Stat. 1310,
authorized Secretary to set standards for and to approve use of local
zoning ordinances with regard to preservation and development of
lakeshore areas and in event of nonconforming variances, to terminate
suspension of his authority to acquire improved property by
condemnation.
16 USC 460u-5. Owner's retention of right of use and occupancy for
residential purposes
TITLE 16 -- CONSERVATION
(a) Election; conveyance or lease of right; adjustment of
compensation; retained rights
(1) Except for owners described in paragraph (2) and owners of
improved property within the area on the map referred to in section
460u-3 of this title, dated December 1980, and numbered 626-91014. /1/
as area II-B, any owner or owners of record of improved property may
retain a right of use and occupancy of said improved property for
noncommercial residential purposes for a term (A) ending on his or her
death or the death of his or her spouse, whichever occurs last, or (B)
for a fixed term not to extend beyond September 30, 2010, or such lesser
term as the owner or owners may elect at the time of acquisition by the
Secretary. In the case of improved property within the boundaries of
the map dated December 1980 and numbered 626-91014 the retention of a
retained right under clause numbered (A) shall only be available to
homeowners of record as of October 1, 1980, who have attained the age of
majority as of that date and make a bona fide written offer not later
than October 1, 1985, to sell to the Secretary. Where any such owner
retains a right of use and occupancy as herein provided, such right
during its existence may be conveyed or leased for noncommercial
residential purposes. The Secretary shall pay to the owner the fair
market value of the property on the date of such acquisition, less the
fair market value on such date of the right retained by the owner.
(2)(A) In the case of property included within the boundaries of the
lakeshore after 1980, any owner or owners of record of improved property
may retain a right of use and occupancy for noncommercial residential
purposes for a term ending at either of the following:
(i) A fixed term not to extend beyond September 30, 2010, or such
lesser fixed term as the owner or owners may elect at the time of
acquisition.
(ii) A term ending at the death of any owner or of a spouse of any
owner, whichever occurs last.
The owner shall elect the term to be reserved.
(B) The retention of rights under subparagraph (A) shall be available
only to individuals who are homeowners of record as of July 1, 1986, who
have attained the age of majority as of that date and who make a bona
fide written offer not later than July 1, 1991, to sell to the
Secretary.
(b) Termination of use and occupancy; pre-October 18, 1976 standards
of use and occupancy to remain in effect
Upon his determination that the property, or any portion thereof, has
ceased to be used in accordance with the applicable terms and
conditions, the Secretary may terminate a right of use and occupancy.
Nonpayment of property taxes, validly assessed, on any retained right of
use and occupancy shall also be grounds for termination of such right by
the Secretary. In the event the Secretary terminates a right of use and
occupancy under this subsection he shall pay to the owners of the
retained right so terminated an amount equal to the fair market value of
the portion of said right which remained unexpired on the date of
termination. With respect to any right of use and occupancy in
existence on the effective date of this sentence, standards for
retention of such rights in effect at the time such rights were reserved
shall constitute the terms and conditions referred to in section 460u-3
of this title.
(c) Extension of use and occupancy rights
With respect to improved properties acquired prior to December 28,
1980, and upon which a valid existing right of use and occupancy has
been reserved for a term of not more than twenty years, the Secretary
may, in his discretion, extend the term of such retained right for a
period of not more than nine years upon receipt of payment prior to
September 30, 1983, from the holder of the retained right. The amount
of such payment shall be equivalent to the amount discounted from the
purchase price paid by the Secretary for the identical period of time
under the terms of the original sale adjusted by a general index adopted
by the Secretary reflecting overall value trends within Indiana Dunes
National Lakeshore between the time of the original sale and the time of
the retained right of extension offered by this subsection.
(Pub. L. 89-761, 5, formerly 6, Nov. 5, 1966, 80 Stat. 1311;
renumbered 5 and amended Pub. L. 94-549, 1(4), (9), Oct. 18, 1976, 90
Stat. 2529, 2533; Pub. L. 96-612, 1(6), (7), Dec. 28, 1980, 94 Stat.
3576; Pub. L. 99-583, 1(c), Oct. 29, 1986, 100 Stat. 3319.)
The effective date of this sentence, referred to in subsec. (b),
probably refers to the date of enactment of Pub. L. 94-549, which was
approved Oct. 18, 1976.
A prior section 5 of Pub. L. 89-761, which was classified to section
460u-4 of this title, was repealed by Pub. L. 94-549, 1(9), Oct. 18,
1976, 90 Stat. 2533.
1986 -- Subsec. (a). Pub. L. 99-583 designated existing provisions
as par. (1), inserted ''owners described in paragraph (2) and'' and
substituted reference to the map referred to in section 460u-3 of this
title for reference to the map referred to in section 460u of this
title, ''(A)'' for ''(1)'' in two places, ''(B)'' for ''(2)'', and ''.
In the case of improved property within the boundaries of the map dated
December 1980 and numbered 626-91014'' for '': Provided, That'', and
added par. (2).
1980 -- Subsec. (a). Pub. L. 96-612, 1(6), substituted provisions
authorizing certain owners of improved property, except such owners
within area II-B, to retain rights of use and occupancy of such property
for noncommercial residential purposes for a term either ending at death
or at a specified date no later than September 30, 2010, for provisions
authorizing certain owners of similar property to retain such rights for
similar purposes for a fixed term of twenty years or less, as elected,
authorizing the conveyance or leasing of such rights, and specifying the
formula for reimbursing such owners upon acquisition of such property by
the Secretary.
Subsec. (c). Pub. L. 96-612, 1(7), added subsec. (c).
1976 -- Subsec. (a). Pub. L. 94-549, 1(4)(a), provided that owners
within unit II-B on the map referred to in section 460u of this title be
excluded from use and occupancy rights, that owners attain the age of
majority to be eligible to retain use and occupancy rights, and that the
maximum term that an owner may retain use and occupancy rights be
reduced to twenty years from twenty-five years.
Subsec. (b). Pub. L. 94-549, 1(4)(b), substituted provision requiring
failure of property to be used in accordance with the terms and
applicable conditions as grounds for termination by the Secretary for
provision which required failure of the property to be used in
accordance with applicable zoning standards, added nonpayment of
property taxes as a ground for termination, and provided that the
standards for right of use and occupancy applicable prior to Oct. 18,
1976 remain in effect for such right, including applicable zoning
regulations.
/1/ So in original. The period probably should not appear.
16 USC 460u-6. Administration
TITLE 16 -- CONSERVATION
(a) Utilization of authorities for conservation and management of
natural resources
In the administration of the lakeshore the Secretary may utilize such
statutory authorities relating to areas of the national park system and
such statutory authority otherwise available to him for the conservation
and management of natural resources as he deems appropriate to carry out
the purposes of this subchapter.
(b) Preservation of lakeshore; incompatible visitor conveniences
restricted; provisions for public enjoyment and understanding;
developments for public uses
In order that the lakeshore shall be permanently preserved in its
present state, no development or plan for the convenience of visitors
shall be undertaken therein which would be incompatible with the
preservation of the unique flora and fauna or the physiographic
conditions now prevailing or with the preservation of such historic
sites and structures as the Secretary may designate: Provided, That the
Secretary may provide for the public enjoyment and understanding of the
unique natural, historic, and scientific features within the lakeshore
by establishing such trails, observation points, and exhibits and
providing such services as he may deem desirable for such public
enjoyment and understanding: Provided further, That the Secretary may
develop for appropriate public uses such portions of the lakeshore as he
deems especially adaptable for such uses.
(Pub. L. 89-761, 6, formerly 7, Nov. 5, 1966, 80 Stat. 1311;
renumbered 6, Pub. L. 94-549, 1(9), Oct. 18, 1976, 90 Stat. 2533.)
16 USC 460u-7. Indiana Dunes National Lakeshore Advisory Commission
TITLE 16 -- CONSERVATION
(a) Establishment; termination
There is hereby established an Indiana Dunes National Lakeshore
Advisory Commission. Said Commission shall terminate on September 30,
1985.
(b) Membership; appointment; term of office; recommendation or
designation of appointees
The Commission shall be composed of thirteen members, each appointed
for a term of two years by the Secretary, as follows: (1) one member
who is a year-round resident of Porter County to be appointed from
recommendations made by the commissioners of such county; (2) one
member who is a year-round resident of the town of Beverly Shores to be
appointed from the recommendations made by the board of trustees of such
town; (3) one member who is a year-round resident of the towns of
Porter, Dune Acres, Pines, Chesterton, Ogden Dunes, or the village of
Tremont, such member to be appointed from recommendations made by the
boards of trustees or the trustee of the affected town or township; (4)
two members who are year-round residents of the city of Michigan City to
be appointed from recommendations made by such city; (5) two members to
be appointed from recommendations made by the Governor of the State of
Indiana; (6) one member to be designated by the Secretary; (7) two
members who are year-round residents of the city of Gary to be appointed
from recommendations made by the mayor of such city; (8) one member to
be appointed from recommendations made by a regional planning agency
established under the authority of the laws of the State of Indiana and
composed of representatives of local and county governments in
northwestern Indiana; (9) one member who is a year-round resident of
the city of Portage to be appointed from recommendations made by the
mayor of such city; and (10) one member who holds a reservation of use
and occupancy and is a year-round resident within the lakeshore to be
designated by the Secretary.
(c) Chairman; vacancies
The Secretary shall designate one member to be Chairman. Any vacancy
in the Commission shall be filled in the same manner in which the
original appointment was made.
(d) Compensation and expenses; vouchers
A member of the Commission shall serve without compensation as such.
The Secretary is authorized to pay the expense reasonably incurred by
the Commission in carrying out its responsibilities under this
subchapter on vouchers signed by the Chairman.
(e) Consultation of Secretary with Commission
The Secretary or his designee shall, from time to time, consult with
the Commission with respect to matters relating to the development of
the Indiana Dunes National Lakeshore and with respect to the provisions
of sections 460u-3, 460u-4, /1/ and 460u-5 of this title.
(f) Disposal of industrial solid wastes; identification of
acceptable areas
The Advisory Commission is authorized to assist with the
identification of economically and environmentally acceptable areas,
outside of the boundaries of the lakeshore, for the handling and
disposal of industrial solid wastes produced by the coal-fired
powerplant in Porter County, Indiana, section 21, township 37 north,
range 6 west.
(Pub. L. 89-761, 7, formerly 8, Nov. 5, 1966, 80 Stat. 1311;
renumbered 7 and amended Pub. L. 94-549, 1(5), (6), (9), Oct. 18, 1976,
90 Stat. 2530, 2533; Pub. L. 96-612, 1(8), (9), Dec. 28, 1980, 94 Stat.
3576.)
Section 460u-4 of this title, referred to in subsec. (e), was
repealed by Pub. L. 94-549, 1(9), Oct. 18, 1976, 90 Stat. 2533.
1980 -- Subsec. (a). Pub. L. 96-612, 1(8), substituted ''on
September 30, 1985'' for ''ten years after the date of establishment of
the national lakeshore pursuant to this subchapter''.
Subsec. (b). Pub. L. 96-612, 1(9), substituted ''thirteen members''
for ''eleven members'' in provisions preceding cl. (1) and ''two
members who are year-round residents'' for ''one member who is a
year-round resident'' in cls. (4) and (7).
1976 -- Subsec. (b). Pub. L. 94-549, 1(5), substituted ''eleven
members'' for ''seven members'' in provision preceding cl. (1), struck
out ''Portage'' after ''Dunes Acres'' in cl. (3), and added cls. (7)
to (10).
Subsec. (f). Pub. L. 94-549, 1(6), added subsec. (f).
/1/ See References in Text note below.
16 USC 460u-8. State jurisdiction
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall deprive the State of Indiana or any
political subdivision thereof of its civil and criminal jurisdiction
over persons found, acts performed, and offenses committed within the
boundaries of the Indiana Dunes National Lakeshore or of its right to
tax persons, corporations, franchises, or other non-Federal property on
lands included therein.
(Pub. L. 89-761, 8, formerly 9, Nov. 5, 1966, 80 Stat. 1312;
renumbered 8, Pub. L. 94-549, 1(9), Oct. 18, 1976, 90 Stat. 2533.)
16 USC 460u-9. Authorization of appropriations; general management
plan; submittal to Congressional committees; feasibility study
TITLE 16 -- CONSERVATION
The Secretary may not expend more than $60,812,100 from the Land and
Water Conservation Fund for the acquisition of lands and interests in
lands nor more than $20,000,000 for development: Provided, That not
more than $500,000 of said amount may be appropriated for the
development of the Paul H. Douglas Environmental Education Center
authorized pursuant to section 460u-20 of this title. By October 1,
1979, the Secretary shall develop and transmit to the Committees on
Interior and Insular Affairs of the United States Congress a general
management plan detailing the development of the national lakeshore
consistent with the preservation objectives of this subchapter,
indicating:
(1) the facilities needed to accommodate the health, safety, and
recreation needs of the visiting public;
(2) the location and estimated costs of all facilities, together with
a review of the consistency of the master plan with State, areawide, and
local governmental development plans;
(3) the projected need for any additional facilities within the
national lakeshore; and
(4) specific opportunities for citizen participation in the planning
and development of proposed facilities and in the implementation of the
general management plan generally.
In addition to any sums heretofore authorized for the acquisition of
lands and interests in lands pursuant to the provisions of this
subchapter, there are further authorized to be appropriated an
additional $3,120,000.
In addition to any other sums authorized for the acquisition of lands
and interests in lands pursuant to the provisions of this subchapter
there are authorized to be appropriated an additional $3,500,000 to be
used for such purposes. The Secretary shall conduct a feasibility study
of establishing United States Highway 12 as the ''Indiana Dunes
Parkway'' under the jurisdiction of the National Park Service. The
Secretary shall submit the results of such study to the Committee on
Interior and Insular Affairs of the United States House of
Representatives and the Committee on Energy and Natural Resources of the
United States Senate within two years after October 29, 1986. Effective
October 1, 1986, there is authorized to be appropriated such sums as may
be necessary for the purposes of conducting the feasibility study.
(Pub. L. 89-761, 9, formerly 10, Nov. 5, 1966, 80 Stat. 1312; Pub.
L. 93-477, title I, 101(6), Oct. 26, 1974, 88 Stat. 1445; renumbered 9
and amended Pub. L. 94-549, 1(7), (9), Oct. 18, 1976, 90 Stat. 2530,
2533; Pub. L. 95-625, title I, 101(16), Nov. 10, 1978, 92 Stat. 3472;
Pub. L. 96-612, 1(10), Dec. 28, 1980, 94 Stat. 3576; Pub. L. 99-583,
1(d), Oct. 29, 1986, 100 Stat. 3319.)
Amendment by section 101(16) of Pub. L. 95-625 was, in the original,
to section 10 of Pub. L. 89-761 but has been executed to section 9 of
Pub. L. 89-761, as the probable intent of Congress, in view of the
prior redesignation of former section 10 of Pub. L. 89-761 as section 9
by Pub. L. 94-549, 9, Oct. 18, 1976, 90 Stat. 2533.
1986 -- Pub. L. 99-583 substituted ''$20,000,000'' for
''$11,000,000'' and inserted provisions authorizing an additional
$3,500,000 for acquisition of property and directing the Secretary to
conduct a feasibility study of establishing Indiana Dunes Parkway.
1980 -- Pub. L. 96-612 increased the amount the Secretary could
expend for land development from $9,440,000 to $11,000,000, inserted
proviso that not more than $500,000 of said amount could be appropriated
for the development of the education center, and authorized
appropriations of $3,120,000 in addition to sums already authorized for
the acquisition of lands and interests in lands.
1978 -- Pub. L. 95-625 increased development appropriations
authorization to $9,440,000 from $8,500,000.
1976 -- Pub. L. 94-549, 1(7), substituted provision authorizing the
Secretary to expend not more than $60,812,100 from the Land and Water
Conservation Fund for the acquisition of lands and interest in lands and
not more than $8,500,000 for development and requiring the Secretary to
develop and submit a general management plan to the Committees on the
Interior and Insular Affairs by Oct. 1, 1979 for provision which
authorized not more than $35,526,000 for acquisition in land and
interest in land.
1974 -- Pub. L. 93-477 substituted ''$35,526,000'' for
''$27,900,000''.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
16 USC 460u-10. Rights-of-way and easements; existing property rights
of Northern Indiana Public Service Company
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall diminish any existing (as of March
1, 1975) rights-of-way or easements which are necessary for high voltage
electrical transmission, pipelines, water mains, or line haul railroad
operations and maintenance. Nothing in this subchapter shall be
construed to diminish the existing property rights of Northern Indiana
Public Service Company (as of October 1, 1986) with respect to --
(1) a parcel of land owned in fee by the Northern Indiana Public
Service Company and used for high voltage electrical transmission lines,
pipelines, and utility purposes, beginning at said Company's Dune Acres
substation and extending east to said Company's Michigan City Generating
Station, which parcel by this subchapter is included within the
boundaries of the Indiana Dunes National Lakeshore and herein designated
as area II-I on National Park Service Boundary Map No. 626-80,033-B,
dated October 1986, excluding that certain parcel of approximately 6.0
acres adjacent Mineral Springs Road in areas II-I, and
(2) land owned in fee by the Northern Indiana Public Service Company
and used for high voltage electrical transmission lines, pipelines, and
utility purposes as has by this subchapter been included within the
boundaries of the Indiana Dunes National Lakeshore and herein designated
as area II-H on said National Park Service Boundary Map No.
626-80,033-B.
(Pub. L. 89-761, 10, formerly 11, added and renumbered Pub. L.
94-549, 1(8), (9), Oct. 18, 1976, 90 Stat. 2530, 2533, and amended Pub.
L. 99-583, 1(e), Oct. 29, 1986, 100 Stat. 3319.)
1986 -- Pub. L. 99-583 inserted provisions relating to the existing
property rights of the Northern Indiana Public Service Company on Oct.
1, 1986.
16 USC 460u-11. Legal cooling, process, or surface drainage into Little
Calumet River; Federal, State or local air and water pollution
standards not affected
TITLE 16 -- CONSERVATION
(a) Nothing in this subchapter shall be construed as prohibiting any
otherwise legal cooling, process, or surface drainage into the part of
the Little Calumet River located within the lakeshore: Provided, That
this subsection shall not affect nor in any way limit the Secretary's
authority and responsibility to protect park resources.
(b) The authorization of lands to be added to the lakeshore by the
Ninety-fourth Congress and the administration of such lands as part of
the lakeshore shall in and of itself in no way operate to render more
restrictive the application of Federal, State, or local air and water
pollution standards to the uses of property outside the boundaries of
the lakeshore, nor shall it be construed to augment the control of water
and air pollution sources in the State of Indiana beyond that required
pursuant to applicable Federal, State, or local law.
(Pub. L. 89-761, 11, formerly 12, added and renumbered Pub. L.
94-549, 1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533.)
16 USC 460u-12. Acquisition of area III-B; time limitation; maximum
expenditure
TITLE 16 -- CONSERVATION
The Secretary shall acquire the area on the map referred to in
section 460u of this title as area III-B within two years from the
effective date of this section only if such area can be acquired for not
more than $800,000, exclusive of administrative costs of acquisition, as
adjusted by the Consumer Price Index: Provided, That the Secretary may
not acquire such area by any means after two years from the effective
date of this section.
(Pub. L. 89-761, 12, formerly 13, added and renumbered Pub. L.
94-549, 1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533.)
The effective date of this section, referred to in text, probably
means the date of enactment of Pub. L. 94-549, which was approved Oct.
18, 1976.
16 USC 460u-13. Acquisition of area I-C; owner consent required
TITLE 16 -- CONSERVATION
(a) The Secretary may acquire that portion of area I-C which is
shaded on the map referred to in section 460u-3 of this title, dated
December 1980 and numbered 626-91014 only with the consent of the owner
unless the present owner attempts to sell or otherwise dispose of such
area.
(b) The Secretary may acquire that portion of area IV-B in private
ownership on the map referred to in section 460u of this title only with
the consent of the owner: Provided, That the Secretary may acquire an
agricultural easement should the owner change the use in existence as of
September 19, 1986, through eminent domain.
(Pub. L. 89-761, 13, formerly 14, added and renumbered Pub. L.
94-549, 1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533, and amended Pub.
L. 99-583, 1(f), Oct. 29, 1986, 100 Stat. 3320.)
1986 -- Pub. L. 99-583 designated existing provisions as subsec.
(a), substituted ''460u-3 of this title, dated December 1980 and
numbered 626-91014'' for ''460u of this title'', and added subsec. (b).
16 USC 460u-14. Plan, lands acquired, land acquisition program;
submittal to Congressional committees
TITLE 16 -- CONSERVATION
Within one year after October 18, 1976, the Secretary shall submit,
in writing, to the Committees on Interior and Insular Affairs and to the
Committees on Appropriations of the United States Congress a detailed
plan which shall indicate --
(1) the lands which he has previously acquired by purchase, donation,
exchange, or transfer for administration for the purpose of the
lakeshore; and
(2) the annual acquisition program (including the level of funding)
which he recommends for the ensuing five fiscal years.
(Pub. L. 89-761, 14, formerly 15, added and renumbered Pub. L.
94-549, 1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533.)
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
16 USC 460u-15. Rights-of-way; public access to Little Calumet River
TITLE 16 -- CONSERVATION
The Secretary may acquire only such interest in the right-of-way
designated ''Crossing A'' on map numbered 626-91007 as he determines to
be necessary to assure public access to the banks of the Little Calumet
River within fifty feet north and south of the centerline of said river.
The Secretary may acquire only such interest in the rights-of-way
designated ''Crossing B'' and ''Crossing C'' on the map dated October
1986 and numbered 626-80,033-B as he determines to be necessary to
assure public access to the banks of the Little Calumet River and the
banks of Salt Creek within fifty feet on either side of the centerline
of said river and creek.
(Pub. L. 89-761, 15, formerly 16, added and renumbered Pub. L.
94-549, 1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533, and amended Pub.
L. 99-583, 1(h), Oct. 29, 1986, 100 Stat. 3320.)
1986 -- Pub. L. 99-583 inserted provisions relating to acquisition
of interests in the rights-of-way designated Crossing B and Crossing C.
16 USC 460u-16. Road construction cooperative agreements with
landowners north of Little Calumet River; prevention of soil erosion;
minimization of aural and visual impact
TITLE 16 -- CONSERVATION
The Secretary shall enter into a cooperative agreement with the
landowner of those lands north of the Little Calumet River between the
Penn Central Railroad bridge within area II-E and ''Crossing A'' within
area IV-C on the map referred to in section 460u-3 of this title, dated
October 1976, and numbered 626-9100. Such agreement shall provide that
any roadway constructed by the landowner south of United States Route 12
within such vicinity shall include grading, landscaping, and plantings
of vegetation designed to prevent soil erosion and to minimize the aural
and visual impacts of said construction, and of traffic on such roadway,
as perceived from the Little Calumet River.
(Pub. L. 89-761, 16, formerly 17, added and renumbered Pub. L.
94-549, 1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533, and amended Pub.
L. 99-583, 1(g), Oct. 29, 1986, 100 Stat. 3320.)
1986 -- Pub. L. 99-583 inserted provisions relating to the map
referred to in section 460u-3 of this title.
16 USC 460u-17. Lands within area I-E used for solid waste disposal
TITLE 16 -- CONSERVATION
(a) Commitment to reclaim land at no expense to Federal Government
The Secretary may not acquire such lands within the western section
of area I-E, as designated on map numbered 626-91007, which have been
used for solid waste disposal until he has received a commitment, in
accordance with a plan acceptable to him, to reclaim such lands at no
expense to the Federal Government.
(b) Cooperation with State of Indiana or subdivision thereof to
develop area
With respect to the property identified as area I-E on map numbered
626-91007, the Secretary may enter into a cooperative agreement whereby
the State of Indiana or any political subdivision thereof may undertake
to develop, manage, and interpret such area in a manner consistent with
the purposes of this subchapter.
(Pub. L. 89-761, 17, formerly 18, added and renumbered Pub. L.
94-549, 1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533.)
16 USC 460u-18. Study of areas III-A, III-C, and II-A; report to
Congressional committees
TITLE 16 -- CONSERVATION
By July 1, 1977, the Secretary shall prepare and transmit to the
Committees on Interior and Insular Affairs of the United States Congress
a study of areas III-A, III-C, and II-A, as designated on map numbered
626-91007. The Secretary shall make reasonable provision for the timely
participation of the State of Indiana, local public officials, affected
property owners, and the general public in the formulation of said
study, including, but not limited to, the opportunity to testify at a
public hearing. The record of such hearing shall accompany said study.
With respect to areas III-A and III-C, the study shall (a) address the
desirability of acquisition of any or all of the area from the
standpoint of resource management, protection, and public access; (b)
develop alternatives for the control of beach erosion if desirable,
including recommendations, if control is necessary, of assessing the
costs of such control against those agencies responsible for such
erosion; (c) consider and propose options to guarantee public access to
and use of the beach area, including the location of necessary
facilities for transportation, health, and safety; (d) detail the
recreational potential of the area and all available alternatives for
achieving such potential; (e) review the environmental impact upon the
lakeshore resulting from the potential development and improvement of
said areas; and (f) assess the cost to the United States from both the
acquisition of said areas together with the potential savings from the
retention of rights of use and occupancy and from the retention of the
boundaries of the lakeshore, as designated on map numbered 626-91007,
including the costs of additional administrative responsibilities
necessary for the management of the lakeshore, including the maintenance
of public services in the town of Beverly Shores, Indiana. With respect
to area II-A, the Secretary shall study and report concerning the
following objectives: (a) preservation of the remaining dunes,
wetlands, native vegetation, and animal life within the area; (b)
preservation and restoration of the watersheds of Cowles Bog and its
associated wetlands; (c) appropriate public access to and use of lands
within the area; (d) protection of the area and the adjacent lakeshore
from degradation caused by all forms of construction, pollution, or
other adverse impacts including, but not limited to, the discharge of
wastes and any excessive subsurface migration of water; and (e) the
economic consequences to the utility and its customers of acquisition of
such area.
(Pub. L. 89-761, 18, formerly 19, added and renumbered Pub. L.
94-549, 1(8), (9), Oct. 18, 1976, 90 Stat. 2532, 2533.)
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
16 USC 460u-19. Acquisition of land outside present boundaries; notice
to Congressional committees; publication in Federal Register
TITLE 16 -- CONSERVATION
After notifying the Committees on Interior and Insular Affairs of the
United States Congress, in writing, of his intentions to do so and of
the reasons therefor, the Secretary may, if he finds that such lands
would make a significant contribution to the purposes for which the
lakeshore was established, accept title to any lands, or interests in
lands, located outside the present boundaries of the lakeshore but
contiguous thereto or to lands acquired under this section, such lands
the State of Indiana or its political subdivisions may acquire and offer
to donate to the United States or which any private person,
organization, or public or private corporation may offer to donate to
the United States and he shall administer such lands as a part of the
lakeshore after publishing notice to that effect in the Federal
Register.
(Pub. L. 89-761, 19, formerly 20, added and renumbered Pub. L.
94-549, 1(8), (9), Oct. 18, 1976, 90 Stat. 2532, 2533.)
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
16 USC 460u-20. Paul H. Douglas Ecological and Recreational Unit and
Center for Environmental Education
TITLE 16 -- CONSERVATION
(a) Dedication of lakeshore
The Indiana Dunes National Lakeshore is hereby dedicated to the
memory of Paul H. Douglas in grateful recognition of his leadership in
the effort to protect, preserve, and enhance the natural, scientific,
historic, and recreational value of the lakeshore for the use,
enjoyment, and edification of present and future generations.
(b) Establishment
To further accomplish the purposes of subsection (a) of this section,
the Secretary of the Interior shall designate the west unit of the
lakeshore as the ''Paul H. Douglas Ecological and Recreational Unit''
and shall, subject to appropriations being granted, design and construct
a suitable structure or designate an existing structure within the
lakeshore to be known as the ''Paul H. Douglas Center for Environmental
Education'' which shall provide facilities designed primarily to
familiarize students and other visitors with, among other things: (1)
the natural history of the lakeshore and its association with the
natural history of the Great Lakes region; (2) the evolution of human
activities in the area; and (3) the historical features which led to
the establishment of the lakeshore by the Congress of the United States.
(c) Preparation of informative materials
To inform the public of the contributions of Paul H. Douglas to the
creation of the lakeshore, the Secretary of the Interior shall provide
such signs, markers, maps, interpretive materials, literature, and
programs as he deems appropriate.
(Pub. L. 89-761, 20, as added Pub. L. 96-612, 1(1), Dec. 28, 1980, 94
Stat. 3575.)
16 USC 460u-21. Public access study
TITLE 16 -- CONSERVATION
(a) Preservation of lakeshore and conservation of energy
The Secretary in consultation with the Secretary of Transportation,
shall conduct a study of various modes of public access into and within
the lakeshore which are consistent with the preservation of the
lakeshore and conservation of energy by encouraging the use of
transportation modes other than personal motor vehicles.
(b) Utilization of clearinghouse resources and facilities
In carrying out the study, the Secretary shall utilize to the
greatest extent practicable the resources and facilities of the
organizations designated as clearinghouses under section 6506 of title
31 as implemented by Office of Management and Budget Circular A-95, and
which have comprehensive planning responsibilities in the regions where
the lakeshore is located, as well as any other agencies or organizations
which the Secretary may designate. The Secretary shall make provision
for timely and substantive consultations with the appropriate agencies
of the States of Indiana and Illinois, local elected officials, and the
general public in the formulation and implementation of the study.
(c) Adequacy of access facilities
The study shall address the adequacy of access facilities for members
of the public who desire to visit and enjoy the lakeshore.
Consideration shall be given to alternatives for alleviating the
dependence on automobile transportation. The study of public
transportation facilities shall cover the distance from cities of
thirty-five thousand population or more within fifty miles of the
lakeshore.
(d) Access proposals; retention of lakeshore values
The study shall include proposals deemed necessary to assure
equitable visitor access and public enjoyment by all segments of the
population, including those who are physically or economically
disadvantaged. It shall provide for retention of the natural, scenic,
and historic values for which the lakeshore was established, and shall
propose plans and alternatives for the protection and maintenance of
these values as they relate to transportation improvements.
(e) Renovation and preservation of South Shore Railroad
The study shall examine proposals for the renovation and preservation
of a portion of the existing South Shore Railroad passenger car fleet.
The study shall consider the historic value of the existing rolling
stock and its role in transporting visitors into and within the
lakeshore.
(f) Alternative improvement plans; cost estimates; sources of
funding
The study shall present alternative plans to improve, construct, and
extend access roads, public transportation, and bicycle and pedestrian
trails. It shall include cost estimates of all plans considered in this
study, and shall discuss existing and proposed sources of funding for
the implementation of the recommended plan alternatives.
(g) Submittal to Congress
The study shall be completed and presented to the Congress within two
complete fiscal years from the effective date of this provision.
(h) Authorization of appropriations
Effective October 1, 1981, there is hereby authorized to be
appropriated not to exceed $200,000 for this study.
(Pub. L. 89-761, 21, as added Pub. L. 96-612, 1(11), Dec. 28, 1980,
94 Stat. 3576.)
The effective date of this provision, referred to in subsec. (g),
probably means the date of enactment of Pub. L. 96-612, which was
approved Dec. 28, 1980.
In subsec. (b), ''section 6506 of title 31'' substituted for ''title
IV of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4231 et
seq.)'' on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and Finance.
16 USC 460u-22. Consideration of property owner's hardship in property
acquisition
TITLE 16 -- CONSERVATION
In exercising his authority to acquire property under this
subchapter, the Secretary shall give prompt and careful consideration to
any offer made by an individual owning property within the lakeshore to
sell such property, if such individual notifies the Secretary in writing
that the continued ownership of such property is causing, or would
result in, undue hardship.
(Pub. L. 89-761, 22, as added Pub. L. 96-612, 1(12), Dec. 28, 1980,
94 Stat. 3577.)
16 USC 460u-23. Acquisition of interest in area VII-A
TITLE 16 -- CONSERVATION
(a) Public access requirements
The Secretary may acquire only such interest in that portion of area
VII-A which is described in subsection (b) of this section as the
Secretary determines is necessary to assure public access over said
portion of area VII-A.
(b) Portion of area VII-A subject to acquisition
The portion of area VII-A, as designated on the map referred to in
section 460u of this title, to which subsection (a) of this section
applies is a parcel of land bounded --
(1) on the east by a line three hundred feet east of the electrical
transmission line crossing area VII-A on January 1, 1979;
(2) on the west by a line fifty feet west of such electrical
transmission line; and
(3) on the north and south by the northern and southern boundaries,
respectively, of area VII-A.
(c) Boundaries of area VII-A
Area VII-A includes the bed of the railroad tracks forming the
northern and northwestern boundaries of this area and extends to the
northern edge of the bed of the railroad tracks forming the southern
boundaries of this area.
(d) Inclusion in area I-D
Area I-D includes the bed of the railroad tracks along the northern
boundary of this area.
(e) Exclusions from area VII-C
The area designated as area VII-C on the map referred to in section
460u of this title does not include approximately 1.3 acres of land on
which the Linde Air Products plant is situated, nor does it include
approximately 1 acre of land on which the Old Union Station building and
the adjacent REA building are situated. Except as provided in the
foregoing sentence, area VII-C extends to, but does not include, the
beds of the railroad tracks forming the northern and southern boundaries
of such area.
(Pub. L. 89-761, 23, as added Pub. L. 96-612, 1(13), Dec. 28, 1980,
94 Stat. 3577.)
16 USC 460u-24. Little Calumet River and Burns/Portage Waterway
TITLE 16 -- CONSERVATION
(a) Cooperative agreement
The Secretary may enter into a cooperative agreement with the Little
Calumet River Basin Development Commission, the State of Indiana or any
political subdivision thereof for the planning, management, and
interpretation of recreational facilities on the tract within the
boundaries of Indiana Dunes National Lakeshore identified as tract
numbered 09-177 or on lands under the jurisdiction of the State of
Indiana or political subdivision thereof along the Little Calumet River
and Burns Waterway. The cooperative agreement may include provision for
the planning of public facilities for boating, canoeing, fishing,
hiking, bicycling, and other compatible recreational activities. Any
recreational developments on lands under the jurisdiction of the
National Park Service planned pursuant to this cooperative agreement
shall be in a manner consistent with the purposes of this subchapter,
including section 460u-6(b) of this title.
(b) Study
The Secretary shall conduct a study regarding the options available
for linking the portions of the lakeshore which are divided by the
Little Calumet River and Burns/Portage Waterway so as to coordinate the
management and recreational use of the lakeshore. The Secretary shall
submit the results of the study to the Committee on Interior and Insular
Affairs of the United States House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate within two
years after October 29, 1986. Effective October 1, 1986, there is
authorized to be appropriated such sums as may be necessary for the
purposes of conducting the study.
(Pub. L. 89-761, 24, as added Pub. L. 99-583, 1(i), Oct. 29, 1986,
100 Stat. 3320.)
16 USC SUBCHAPTER LXXX -- FLAMING GORGE NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460v. Establishment of recreation area
TITLE 16 -- CONSERVATION
In order to provide, in furtherance of the purposes of the Colorado
River storage project, for the public outdoor recreation use and
enjoyment of the Flaming Gorge Reservoir and surrounding lands in the
States of Utah and Wyoming and the conservation of scenic, scientific,
historic, and other values contributing to public enjoyment of such
lands and waters, there is hereby established, subject to valid existing
rights, the Flaming Gorge National Recreation Area in the States of Utah
and Wyoming (hereinafter referred to as the ''recreation area''). The
boundaries of the recreation area shall be those shown on the map
entitled ''Proposed Flaming Gorge National Recreation Area,'' which is
on file and available for public inspection in the office of the Chief,
Forest Service, Department of Agriculture.
(Pub. L. 90-540, 1, Oct. 1, 1968, 82 Stat. 904.)
16 USC 460v-1. Administration, protection, and development by Secretary
of Agriculture; administration of land or waters for Colorado River
storage project by Secretary of the Interior
TITLE 16 -- CONSERVATION
The administration, protection, and development of the recreation
area shall be by the Secretary of Agriculture (hereinafter called the
''Secretary'') in accordance with the laws, rules, and regulations
applicable to national forests, in a manner coordinated with the other
purposes of the Colorado River storage project, and in such manner as in
his judgment will best provide for (1) public outdoor recreation
benefits; (2) conservation of scenic, scientific, historic, and other
values contributing to public enjoyment; and (3) such management,
utilization, and disposal of natural resources as in his judgment will
promote or are compatible with, and do not significantly impair the
purposes for which the recreation area is established: Provided, That
lands or waters needed or used for the operation of the Colorado River
storage project shall continue to be administered by the Secretary of
the Interior to the extent he determines to be required for such
operation.
(Pub. L. 90-540, 2, Oct. 1, 1968, 82 Stat. 904.)
16 USC 460v-2. Boundaries; adjustments; publication in Federal
Register
TITLE 16 -- CONSERVATION
Within six months after October 1, 1968, the Secretary shall publish
in the Federal Register a detailed description of the boundaries of the
recreation area. Following such publication, the Secretary may make
minor adjustments in the boundary of the recreation area by publication
of the amended description thereof in the Federal Register: Provided,
That the total acreage of the recreation area within the adjusted
boundary does not exceed the acreage of the recreation area as shown on
the map referred to in section 460v of this title.
(Pub. L. 90-540, 3, Oct. 1, 1968, 82 Stat. 904.)
16 USC 460v-3. Hunting, fishing, and trapping
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting, fishing, and trapping on the
lands and waters under his jurisdiction within the recreation area in
accordance with the applicable Federal and State laws: Provided, That
the Secretary, after consultation with the respective State fish and
game commissions, may issue regulations designating zones where and
establishing periods when no hunting, fishing, or trapping shall be
permitted for reasons of public safety, administration, or public use
and enjoyment. Nothing in this subchapter shall affect the jurisdiction
or responsibilities of the States of Utah and Wyoming under other
provisions of State laws with respect to hunting and fishing.
(Pub. L. 90-540, 4, Oct. 1, 1968, 82 Stat. 904.)
16 USC 460v-4. Lands withdrawn from location, entry, and patent under
United States mining laws; removal of minerals; receipts, disposition
TITLE 16 -- CONSERVATION
The lands within the recreation area, subject to valid existing
rights, are hereby withdrawn from location, entry, and patent under the
United States mining laws. The Secretary of the Interior, under such
regulations as he deems appropriate, may permit the removal of the
nonleasable minerals from lands or interests in lands within the
recreation area in the manner prescribed by section 387 of title 43, and
he may permit the removal of leasable minerals from lands or interests
in lands within the recreation area in accordance with the Mineral
Leasing Act of February 24, 1920, /1/ as amended (30 U.S.C. 181 et
seq.), or the Acquired Lands Mineral Leasing Act of August 7, 1947 (30
U.S.C. 351 et seq.), if he finds that such disposition would not have
significant adverse effects on the purposes of the Colorado River
storage project and the Secretary of Agriculture finds that such
disposition would not have significant adverse effects on the purposes
of the recreation area: Provided, That any lease or permit respecting
such minerals in the recreation area shall be issued only with the
consent of the Secretary of Agriculture and subject to such conditions
as he may prescribe.
All receipts derived from permits and leases issued under the
authority of this section for removal of nonleasable minerals shall be
paid into the same funds or accounts in the Treasury of the United
States and shall be distributed in the same manner as provided for
receipts from national forests. Any receipts derived from permits or
leases issued on lands in the recreation area under the Mineral Leasing
Act of February 25, 1920, as amended, or the Act of August 7, 1947,
shall be disposed of as provided in the applicable Act.
(Pub. L. 90-540, 5, Oct. 1, 1968, 82 Stat. 904.)
The United States mining laws, referred to in text, are classified
generally to Title 30, Mineral Lands and Mining.
The Mineral Leasing Act of February 25, 1920, as amended, referred to
in text, is act Feb. 25, 1920, ch. 85, 41 Stat, 437, as amended, known
as the Mineral Leasing Act, which is classified generally to chapter 3A
( 181 et seq.) of Title 30. For complete classification of this Act to
the Code, see Short Title note set out under section 181 of Title 30 and
Tables.
The Acquired Lands Mineral Leasing Act of August 7, 1947, referred to
in text, is act Aug. 7, 1947, ch. 513, 61 Stat. 913, as amended,
which is classified generally to chapter 7 ( 351 et seq.) of Title 30.
For complete classification of this Act to the Code, see Short Title
note set out under section 351 of Title 30 and Tables.
/1/ So in original. Probably should be ''February 25, 1920,''.
16 USC 460v-5. Ashley National Forest; addition of lands of Flaming
Gorge National Recreation Area
TITLE 16 -- CONSERVATION
The boundaries of the Ashley National Forest are hereby extended to
include all of the lands not presently within such boundaries lying
within the recreation area as described in accordance with sections 460v
and 460v-2 of this title.
(Pub. L. 90-540, 6, Oct. 1, 1968, 82 Stat. 905.)
16 USC 460v-6. Addition of lands to Forest; administration of land for
Colorado River storage project by Secretary of the Interior
TITLE 16 -- CONSERVATION
Subject to any valid claim or entry now existing and hereafter
legally maintained, all public lands of the United States and all lands
of the United States heretofore or hereafter acquired or reserved for
use in connection with the Colorado River storage project within the
exterior boundaries of the recreation area which have not heretofore
been added to and made a part of the Ashley National Forest, and all
lands of the United States acquired for the purpose of the recreation
area, are hereby added to and made a part of the Ashley National Forest:
Provided, That lands within the flow lines of any reservoir operated
and maintained by the Department of the Interior or otherwise needed or
used for the operation of the Colorado River storage project shall
continue to be administered by the Secretary of the Interior to the
extent he determines to be required for such operation.
(Pub. L. 90-540, 7, Oct. 1, 1968, 82 Stat. 905.)
16 USC 460v-7. Availability of land and water conservation fund moneys
TITLE 16 -- CONSERVATION
Funds hereafter appropriated and available for the acquisition of
lands and waters and interests therein in the national forest system
pursuant to section 460l-9 of this title, shall be available for the
acquisition of any lands, waters, and interests therein within the
boundaries of the recreation area.
(Pub. L. 90-540, 8, Oct. 1, 1968, 82 Stat. 905.)
16 USC 460v-8. State and local jurisdiction
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall deprive any State or political
subdivision thereof of its right to exercise civil and criminal
jurisdiction within the recreation area consistent with the provisions
of this subchapter or of its right to tax persons, corporations,
franchises, or other non-Federal property, including mineral or other
interests, in or on lands or waters within the recreation area.
(Pub. L. 90-540, 9, Oct. 1, 1968, 82 Stat. 905.)
16 USC SUBCHAPTER LXXXI -- APOSTLE ISLANDS NATIONAL LAKESHORE
TITLE 16 -- CONSERVATION
16 USC 460w. Establishment; boundaries
TITLE 16 -- CONSERVATION
In order to conserve and develop for the benefit, inspiration,
education, recreational use, and enjoyment of the public certain
significant islands and shoreline of the United States and their related
geographic, scenic, and scientific values, there is hereby established
the Apostle Islands National Lakeshore (hereinafter referred to as the
''lakeshore'') in Ashland and Bayfield Counties, Wisconsin, consisting
of:
(a) In general
the /1/ area generally depicted on the map entitled ''Apostle Islands
National Lakeshore'', numbered NL-AI-91,000, sheets 1 and 2, and dated
June 1970; and
(b) Long Island addition
Approximately 200 acres of land at the mouth of Chequamegon Bay known
as ''Long Island'', as depicted on the map numbered NL-AI-91,001 and
dated December, 1985.. /2/
The maps shall be on file and available for public inspection in the
office of the Director, National Park Service, Department of the
Interior.
(Pub. L. 91-424, 1, Sept. 26, 1970, 84 Stat. 880; Pub. L. 99-497,
1(1), Oct. 17, 1986, 100 Stat. 1267.)
1986 -- Pub. L. 99-497 designated the provision specifying the
boundaries of the Apostle Islands National Lakeshore as the area
depicted on the map numbered NL-AI-91,000 as par. (a), substituted
''1970; and'' for ''1970'', added par. (b), and in provision following
par. (b) substituted ''maps'' for ''map''.
/1/ So in original. Probably should be capitalized.
/2/ So in original.
16 USC 460w-1. Boundaries not to include lands held in trust by United
States for Red Cliff Band or Bad River Band of Lake Superior Chippewa
Indians; exceptions
TITLE 16 -- CONSERVATION
No lands held in trust by the United States for either the Red Cliff
Band or Bad River Band of the Lake Superior Chippewa Indians, or for
allottees thereof, shall be acquired or included within the boundaries
of the lakeshore established by this subchapter, with the following
exception:
If the Indians who own more than 50 per centum of the interest in
allotment number 74 GL or allotment number 135 in the Red Cliff
Reservation agree to sell the allotment to the Secretary of the Interior
(hereinafter referred to as the ''Secretary''), the Secretary may
consent to the sale on behalf of the other owners, purchase the
allotment for the negotiated price and revise the boundaries of the
lakeshore to include the allotment.
(Pub. L. 91-424, 2, Sept. 26, 1970, 84 Stat. 880.)
16 USC 460w-2. Acquisition of property; authority of Secretary; State
and Federal lands
TITLE 16 -- CONSERVATION
The Secretary may acquire within the boundaries of the lakeshore
lands and interests therein by donation, purchase with donated or
appropriated funds, or exchange, but lands and interests in lands owned
by the State of Wisconsin may be acquired only by donation.
Notwithstanding any other provision of law, any Federal property located
within the boundaries of the lakeshore is hereby transferred without
transfer of funds to the administrative jurisdiction of the Secretary
for the purposes of the lakeshore: Provided, That the United States
Coast Guard may retain a right to utilize a portion of such land and
facilities for use as navigational aids so long as may be required.
(Pub. L. 91-424, 3, Sept. 26, 1970, 84 Stat. 880; Pub. L. 99-497,
1(2), Oct. 17, 1986, 100 Stat. 1267.)
1986 -- Pub. L. 99-497 substituted ''is hereby'' for ''may, with the
concurrence of the agency having custody thereof, be'' and inserted
proviso permitting the United States Coast Guard to utilize a portion of
the lands and facilities for use as navigational aids as long as
required.
16 USC 460w-3. Retention rights of owners of improved property
TITLE 16 -- CONSERVATION
(a) Designation of lands as administrative site, visitor center, and
related facilities; election by owners of term of rights retained;
adjustment of compensation
With the exception of not more than eighty acres of land to be
designated within the lakeshore boundaries by the Secretary as an
administrative site, visitor center, and related facilities, as soon as
practicable, any owner or owners of improved property on the date of its
acquisition by the Secretary may, as a condition of such acquisition,
retain for themselves and their successors or assigns a right of use and
occupancy of the improved property for noncommercial residential
purposes for a definite term not to exceed twenty-five years, or, in
lieu thereof, for a term ending at the death of the owner, or the death
of his spouse, whichever is the later. The owner shall elect the term
to be reserved. The Secretary shall pay to the owner the fair market
value of the property on the date of such acquisition less the fair
market value on such date of the right retained by the owner.
(b) Termination right of Secretary upon determination that retained
property or any portion thereof has ceased to be used for noncommercial
residential or agricultural purposes; adjustment of compensation
A right of use and occupancy retained pursuant to this section may be
terminated with respect to the entire property by the Secretary upon his
determination that the property or any portion thereof has ceased to be
used for noncommercial residential or for agricultural purposes, and
upon tender to the holder of a right an amount equal to the fair market
value, as of the date of the tender, of that portion of the right which
remains unexpired on the date of termination.
(c) ''Improved property'' defined
The term ''improved property'', as used in this section, shall mean a
detached, noncommercial residential dwelling, the construction of which
was begun before January 1, 1967, or before Janaury 1, 1985 for those
lands referred to in section 460w(b) of this title (hereinafter referred
to as ''dwelling''), together with so much of the land on which the
dwelling is situated, the said land being in the same ownership as the
dwelling, as the Secretary shall designate to be reasonably necessary
for the enjoyment of the dwelling for the sole purpose of noncommercial
residential use, together with any structures accessory to the dwelling
which are situated on the land so designated.
(Pub. L. 91-424, 4, Sept. 26, 1970, 84 Stat. 880; Pub. L. 99-497,
1(3), Oct. 17, 1986, 100 Stat. 1267.)
1986 -- Subsec. (c). Pub. L. 99-497 inserted '', or before January
1, 1985 for those lands referred to in section 460w(b) of this title''.
16 USC 460w-4. Hunting, fishing, and trapping
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting, fishing, and trapping on lands
and waters under his jurisdiction within the boundaries of the lakeshore
in accordance with the appropriate laws of Wisconsin and the United
States to the extent applicable, except that he may designate zones
where, and establish periods when, no hunting, trapping, or fishing
shall be permitted for reasons of public safety, administration, fish or
wildlife management, or public use and enjoyment. Except in
emergencies, any regulations prescribing any such restrictions shall be
put into effect only after consultation with the appropriate State
agency responsible for hunting, trapping, and fishing activities.
(Pub. L. 91-424, 5, Sept. 26, 1970, 84 Stat. 881.)
16 USC 460w-5. Administration, protection, and development of lakeshore
by Secretary
TITLE 16 -- CONSERVATION
The lakeshore shall be administered, protected, and developed in
accordance with the provisions of sections 1 and 2 to 4 of this title,
as amended and supplemented; and sections 8 to 8c of this title, as
amended, except that any other statutory authority available to the
Secretary for the conservation and management of natural resources may
be utilized to the extent he finds such authority will further the
purposes of this subchapter.
(Pub. L. 91-424, 6, Sept. 26, 1970, 84 Stat. 881.)
16 USC 460w-6. Land and water use management plan; adoption,
implementation, and revision of plan by Secretary; required provisions
of plan
TITLE 16 -- CONSERVATION
In the administration, protection, and development of the lakeshore,
the Secretary shall adopt and implement, and may from time to time
revise, a land and water use management plan which shall include
specific provision for --
(a) protection of scenic, scientific, historic, geological, and
archeological features contributing to public education, inspiration,
and enjoyment:
(b) development of facilities to provide the benefits of public
recreation together with such access roads as he deems appropriate; and
(c) preservation of the unique flora and fauna and the physiographic
and geologic conditions now prevailing on the Apostle Islands within the
lakeshore: Provided, That the Secretary may provide for the public
enjoyment and understanding of the unique natural, historical,
scientific, and archeological features of the Apostle Islands through
the establishment of such trails, observation points, exhibits, and
services as he may deem desirable.
(Pub. L. 91-424, 7, Sept. 26, 1970, 84 Stat. 881.)
16 USC 460w-7. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are authorized to be appropriated not more than $5,250,000 for
the acquisition of lands and interests in lands and not more than
$5,000,000 for the development of the Apostle Islands National
Lakeshore. Effective October 1, 1986, there are authorized to be
appropriated such additional sums as may be necessary for the
acquisition of the lands described in section 460w(b) of this title.
(Pub. L. 91-424, 8, Sept. 26, 1970, 84 Stat. 881; Pub. L. 93-477,
title I, 101(11), Oct. 26, 1974, 88 Stat. 1445; Pub. L. 99-497, 1( 4),
Oct. 17, 1986, 100 Stat. 1267.)
1986 -- Pub. L. 99-497 inserted provision authorizing additional
sums to be appropriated as necessary for acquisition of lands described
in section 460w(b) of this title.
1974 -- Pub. L. 93-477 substituted ''$5,250,000'' for
''$4,250,000''.
16 USC SUBCHAPTER LXXXII -- SLEEPING BEAR DUNES NATIONAL LAKESHORE
TITLE 16 -- CONSERVATION
16 USC 460x. Establishment
TITLE 16 -- CONSERVATION
(a) Statement of purpose; administration
The Congress finds that certain outstanding natural features,
including forests, beaches, dune formations, and ancient glacial
phenomena, exist along the mainland shore of Lake Michigan and on
certain nearby islands in Benzie and Leelanau Counties, Michigan, and
that such features ought to be preserved in their natural setting and
protected from developments and uses which would destroy the scenic
beauty and natural character of the area. In order to accomplish this
purpose for the benefit, inspiration, education, recreation, and
enjoyment of the public, the Secretary of the Interior (hereinafter
referred to as the ''Secretary'') is authorized to take appropriate
action, as herein provided, to establish in the State of Michigan the
Sleeping Bear Dunes National Lakeshore. In carrying out the provisions
of this subchapter, the Secretary shall administer and protect the
Sleeping Bear Dunes National Lakeshore in a manner which provides for
recreational opportunities consistent with the maximum protection of the
natural environment within the area.
(b) Cooperation between Federal, State, and local governments
In preserving the lakeshore and stabilizing its development,
substantial reliance shall be placed on cooperation between Federal,
State, and local governments to apply sound principles of land use
planning and zoning. In developing the lakeshore, full recognition
shall be given to protecting the private properties for the enjoyment of
the owners.
(Pub. L. 91-479, 1, Oct. 21, 1970, 84 Stat. 1075.)
16 USC 460x-1. Description of area
TITLE 16 -- CONSERVATION
(a) Establishment of lakeshore
The Sleeping Bear Dunes National Lakeshore (hereinafter referred to
as the ''lakeshore'') shall comprise the land and water area generally
depicted on the map entitled ''A Proposed Sleeping Bear Dunes National
Lakeshore Boundary Map'', numbered NL-SBD-91,000 and dated May 1969,
which shall be on file and available for public inspection in the
offices of the National Park Service of the Department of the Interior.
(b) Publication in Federal Register
As soon as practicable after October 21, 1970, and following the
acquisition by the Secretary of those lands owned by the State of
Michigan within the boundaries of the area designated for inclusion in
the lakeshore (excepting not to exceed three hundred acres in the Platte
Bay area) and of such additional lands, if any, as are necessary to
provide an area which in his opinion is efficiently administrable for
the purposes of this subchapter, he shall establish the Sleeping Bear
Dunes National Lakeshore by publication of notice thereof in the Federal
Register.
(Pub. L. 91-479, 2, Oct. 21, 1970, 84 Stat. 1075.)
16 USC 460x-2. Designation of lakeshore areas
TITLE 16 -- CONSERVATION
(a) Area categories; publication in Federal Register
Within thirty days, or as soon as possible thereafter, after October
21, 1970, the Secretary shall publish in the Federal Register a map or
other description of the lakeshore delineating areas constituting the
following categories:
Category I, public use and development areas.
Category II, environmental conservation areas.
Category III, private use and development areas.
(b) Acquisition of lands and interests therein of category I areas
Lands and interests therein designated as category I may be acquired
by the Secretary in accordance with section 460x-7 of this title.
(c) Designation of lands as within categories II and III for
acquisition by Secretary; publication in Federal Register
Within one hundred and fifty days after October 21, 1970, the
Secretary shall publish in the Federal Register an additional map or
other description of those lands, if any, designated as within
categories II and III for acquisition by him in fee in accordance with
section 460x-7 of this title.
(d) Acquisition of interests in lands designated as category II;
limitations
Except as provided in subsection (f) of this section, the Secretary
may, after the publication provided for in subsection (c) of this
section, acquire only such interests in lands designated as category II,
other than those to be acquired in fee simple, as he deems appropriate
to insure the continued conservation and preservation of the
environmental quality of the lakeshore.
(e) Acquisition of interests in lands designated as category III;
limitations
Except as provided in subsection (f) of this section, the Secretary
may, after the publication provided for in subsection (c) of this
section, acquire only such interests in lands designated as category
III, other than those lands to be acquired in fee simple, as he deems
appropriate to protect lands designated for acquisition.
(f) Restrictions on use and development of real property in
categories II and III; notification of owners by Secretary of minimum
restrictions on use and development for retention of property;
compliance with restrictions as barring acquisition by Secretary;
applicability to owners not notified by Secretary; acquisition from
owners not agreeing to use of property in accordance with notice;
acquisition of fee simple title
Not later than one hundred and fifty days after October 21, 1970, the
Secretary shall notify owners of real property in categories II and III,
other than property designated by him for fee acquisition, of the
minimum restrictions on use and development of such property under which
such property can be retained in a manner compatible with the purpose
for which the lakeshore was established. If the owner of any real
property in categories II and III agrees to the use and development of
his property in accordance with such restrictions, the Secretary may not
acquire, without the consent of such owner, such property or interests
therein for so long as the property affected is used in accordance with
such restrictions, unless he determines that such property is needed for
public use development. The foregoing limitations on acquisition shall
also apply to any owners of real property to whom the Secretary did not,
within the time set forth, give such a notice, except that if any
property owner has not, within ninety days of the notice agreed to use
the property in accordance with the notice, then the Secretary may
acquire, without limitation, fee or lesser interests in property by any
of the methods set forth in section 460x-7 of this title: Provided,
That nothing contained in subsections (d) and (e) of this section, and
in this subsection, which limits the acquisition of the fee simple title
to property within the lakeshore, shall prevent the Secretary from
acquiring, without the consent of the owner, the fee simple title
whenever in the Secretary's judgment the estimated cost of acquiring the
lesser interest would be a substantial percentage of the estimated cost
of acquiring the fee simple title.
(Pub. L. 91-479, 3, Oct. 21, 1970, 84 Stat. 1075.)
16 USC 460x-3. Sleeping Bear Dunes National Lakeshore Advisory
Commission
TITLE 16 -- CONSERVATION
(a) Establishment; termination
There is hereby established a Sleeping Bear Dunes National Lakeshore
Advisory Commission. The Commission shall cease to exist twenty years
after the establishment of the lakeshore pursuant to section 460x-1 of
this title.
(b) Membership; appointment; term of office; recommendation or
designation of appointees
The Commission shall be composed of ten members, each appointed for a
term of two years by the Secretary, as follows:
(1) Four members to be appointed from recommendations made by the
counties in which the lakeshore is situated, two members to represent
each such county;
(2) Four members to be appointed from recommendations made by the
Governor of the State of Michigan; and
(3) Two members to be designated by the Secretary.
(c) Chairman; vacancies
The Secretary shall designate one member to be Chairman. Any vacancy
in the Commission shall be filled in the same manner in which the
original appointment was made.
(d) Compensation and expenses; vouchers
A member of the Commission shall serve without compensation as such.
The Secretary is authorized to pay the expenses reasonably incurred by
the Commission in carrying out its responsibilities under this
subchapter on vouchers signed by the Chairman.
(e) Consultation of Secretary with Commission
The Secretary or his designee shall consult with the Commission with
respect to --
(1) matters relating to the development of the lakeshore and with
respect to the provisions of sections 460x-8, 460x-11, and 460x-12 of
this title; and
(2) matters relating to the implementation of the General Management
Plan provided for in section 460x-5(b) of this title.
(Pub. L. 91-479, 4, Oct. 21, 1970, 84 Stat. 1076; Pub. L. 100-558,
Oct. 28, 1988, 102 Stat. 2796.)
1988 -- Subsec. (a). Pub. L. 100-558, 1(1), substituted ''twenty''
for ''ten''.
Subsec. (e). Pub. L. 100-558, 1(2), amended subsec. (e) generally,
designating existing provisions as par. (1) and adding par. (2).
16 USC 460x-4. Hunting and fishing; issuance of regulations
TITLE 16 -- CONSERVATION
In administering the lakeshore the Secretary shall permit hunting and
fishing on lands and waters under his jurisdiction in accordance with
the laws of the State of Michigan and the United States applicable
thereto. The Secretary, after consultation with the appropriate agency
of the State of Michigan, may designate zones and establish periods
where and when no hunting shall be permitted for reasons of public
safety, administration, or public use and enjoyment and issue
regulations, consistent with this section, as he may determine necessary
to carry out the purposes of this section.
(Pub. L. 91-479, 5, Oct. 21, 1970, 84 Stat. 1076.)
16 USC 460x-5. Administration, protection, and development
TITLE 16 -- CONSERVATION
(a) Applicability of provisions; utilization of statutory
authorities
The administration, protection, and development of the lakeshore
shall be exercised by the Secretary, subject to the provisions of this
subchapter and of sections 1 and 2 to 4 of this title, as amended and
supplemented, relating to the areas administered and supervised by the
Secretary through the National Park Service; except that authority
otherwise available to the Secretary for the conservation and management
of natural resources may be utilized to the extent he finds such
authority will further the purposes of this subchapter.
(b) Land and water use management plan; preparation and
implementation by Secretary; required provisions
In the administration, protection, and development of the area, the
Secretary shall prepare and implement a land and water use management
plan, which shall include specific provisions for --
(1) development of facilities to provide the benefits of public
recreation;
(2) protection of scenic, scientific, and historic features
contributing to public enjoyment; and
(3) such protection, management, and utilization of renewable natural
resources as in the judgment of the Secretary is consistent with, and
will further the purpose of, public recreation and protection of scenic,
scientific, and historic features contributing to public enjoyment.
(c) Area review by Secretary; report to President; recommendations
for preservation of any area within lakeshore as wilderness;
designation as a wilderness
Within four years from October 21, 1970, the Secretary of the
Interior shall review the area within the Sleeping Bear Dunes National
Lakeshore and shall report to the President, in accordance with
subsections (c) and (d) of section 1132 of this title, his
recommendation as to the suitability or nonsuitability of any area
within the lakeshore for preservation as wilderness, and any designation
of any such area as a wilderness shall be accomplished in accordance
with said subsections.
(d) Public use areas; preservation of rights of owner or occupant of
improved property located within public use area
In developing the lakeshore the Secretary shall provide public use
areas in such places and manner as he determines will not diminish the
value or enjoyment for the owner or occupant of any improved property
located thereon.
(Pub. L. 91-479, 6, Oct. 21, 1970, 84 Stat. 1077.)
16 USC 460x-6. Taxing power
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall be construed as prohibiting any
governmental jurisdiction in the State of Michigan from assessing taxes
upon any interest in real estate retained under the provisions of
section 460x-9 of this title to the owner of such interest.
(Pub. L. 91-479, 7, Oct. 21, 1970, 84 Stat. 1077.)
16 USC 460x-7. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; manner of acquisition; procedure for
lands partly within designated area
The Secretary is authorized to acquire by donation, purchase with
donated or appropriated funds, transfer funds, transfer from any Federal
agency, or exchange lands and interests therein for the purposes of this
subchapter. When an individual tract of land is only partly within the
area designated, the Secretary may acquire the entire tract by any of
the above methods to avoid the payment of severance costs. Land so
acquired outside the designated area may be exchanged by the Secretary
for non-Federal lands within such area, and any portion of the land not
utilized for such exchanges may be disposed of in accordance with the
provisions of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.).
(b) Sale offers; hardship from delay; time and manner of purchase
In exercising his authority to acquire property under this
subchapter, the Secretary shall give immediate and careful consideration
to any offer made by an individual owning property within the lakeshore
to sell such property to the Secretary. An individual owning property
within the lakeshore may notify the Secretary that the continued
ownership by such individual of that property would result in hardship
to him, and the Secretary shall immediately consider such evidence and
shall within one year following the submission of such notice, subject
to the availability of funds, purchase such property offered for a price
which does not exceed its fair market value.
(c) State donations; transfer from Federal agency to administrative
jurisdiction of Secretary
Any property or interests therein, owned by the State of Michigan or
any political subdivisions thereof, may be acquired only by donation.
Notwithstanding any other provision of law, any property owned by the
United States on October 21, 1970, located within such area may, with
the concurrence of the agency having custody thereof, be transferred
without consideration to the administrative jurisdiction of the
Secretary for use by him in carrying out the provisions of this
subchapter.
(d) Initiation of condemnation proceeding subsequent to failure of
Secretary to negotiate for purchase of property; certificate of
compliance with negotiation procedure
With respect to that property which the Secretary is authorized to
acquire by condemnation under the terms of this subchapter, the
Secretary shall initiate no condemnation proceedings until after he has
made every reasonable effort to acquire such property by negotiation and
purchase. The certificate of the determination by the Secretary or his
designated representative that there has been compliance with the
provisions of this subsection and of subsection (b) of this section
shall be prima facie evidence of such compliance.
(e) Condemnation to acquire clear, marketable, and encumberance-free
title
Nothing in this subchapter shall be construed to prohibit the use of
condemnation as a means of acquiring a clear and marketable title, free
of any and all encumbrances.
(Pub. L. 91-479, 8, Oct. 21, 1970, 84 Stat. 1077.)
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Provisions of that act relating to disposal of
Government property are classified to chapter 10 ( 471 et seq.) of Title
40, Public Buildings, Property, and Works. For complete classification
of this Act to the Code, see Short Title note set out under section 471
of Title 40 and Tables.
16 USC 460x-8. Zoning bylaws
TITLE 16 -- CONSERVATION
(a) Authority of Secretary to assist any township or county in or
adjacent to lakeshore; payments for technical aid
The Secretary shall, at the request of any township or county in or
adjacent to the lakeshore affected by this subchapter, assist and
consult with the appropriate officers and employees of such township or
county in establishing zoning bylaws for the purpose of this subchapter.
Such assistance may include payments to the county or township for
technical aid.
(b) Suspension of condemnation power over improved property
No improved property within the area designated for inclusion in the
lakeshore shall be acquired by the Secretary by condemnation so long as
the affected county or township has in force and applicable thereto a
duly adopted, valid zoning bylaw approved by the Secretary in accordance
with the provisions of subsection (d) of this section and the use of
improved property is in compliance therewith. In the event that the
affected county or township does not have in effect and applicable to
any improved property a duly adopted, valid zoning bylaw so approved,
the Secretary shall be prohibited from acquiring such property by
condemnation, if the owner thereof notifies the Secretary in writing of
such owner's agreement to use his property in a manner consistent with
the applicable standard set forth in subsection (d) of this section, and
such prohibition against condemnation shall remain in effect for so long
as such property is so used.
(c) Notification of owner by Secretary of use of property
inconsistent with applicable bylaws or standards; requirements of
notice; discontinuance of use by owner; condemnation upon failure to
discontinue use
If the Secretary determines that any such property referred to in
subsection (b) of this section covered by any such bylaw is being used
in a way which is not in substantial compliance with such bylaw, or that
any such property referred to in subsection (b) of this section with
respect to which an agreement has been made is being used in a manner
which is not substantially consistent with such applicable standards, he
shall so notify the owner of any such property in writing. Such notice
shall contain a detailed statement as to why the Secretary believes that
such use is not in substantial compliance with such zoning bylaw or why
such use is not substantially consistent with such applicable standards,
as the case may be. Any such owner shall have sixty days following the
receipt by him of that written notification within which to discontinue
the use referred to in such notification. Discontinuance of such use
within such sixty-day period shall have the effect of prohibiting the
Secretary from acquiring such property by condemnation by reason of such
use. In any case in which such use is not discontinued within such
sixty-day period. The Secretary may, in his discretion, acquire such
property by condemnation.
(d) Conditions for approval by Secretary
Any zoning bylaw or amendment thereto submitted to the Secretary for
approval for the purposes of this subchapter shall be approved by him if
such bylaw or amendment contains provisions which --
(1) contribute to the effect of prohibiting the commercial and
industrial use (other than a use for a commercial purpose as authorized
under section 460x-12 of this title) of all property within the
boundaries of such area which is situated within the county or township
adopting such bylaw or amendment;
(2) are consistent with the objectives and purposes of this
subchapter so that, to the extent possible under Michigan law, the
scenic and scientific values of the lakeshore area will be protected;
(3) are designed to preserve the lakeshore character of the area by
appropriate restrictions upon the burning of cover, cutting of timber
(except tracts managed for sustained yield), removal of sand or gravel,
and dumping, storage, or piling of refuse and other unsightly objects or
other uses which would detract from the natural or traditional lakeshore
scene;
(4) provide that no construction, reconstruction, moving, alteration,
or enlargement of any property, including improved property as defined
in this subchapter, within the lakeshore area shall be permitted, if
such construction, reconstruction, moving, alteration, or enlargement
would afford less than a fifty-foot setback from all streets measured at
a right angle with the street line, and a twenty-five-foot distance from
all contiguous properties. Any owner or zoning authority may request
the Secretary of the Interior to determine whether a proposed move,
alteration, construction, reconstruction, or enlargement of any such
property would subject such property to acquisition by condemnation, and
the Secretary, within sixty days of the receipt of such request, shall
advise the owner or zoning authority in writing whether the intended use
will subject the property to acquisition by condemnation; and
(5) have the effect of providing that the Secretary shall receive
notice of any variance granted under, and of any exception made to the
application of, such bylaw or amendment.
(e) Withdrawal or revocation of approval by Secretary; retroactive
effect
The approval of any bylaw or amendment pursuant to subsection (d) of
this section shall not be withdrawn or revoked by the Secretary for so
long as such bylaw or amendment remains in effect as approved. Any such
bylaw or amendment so approved shall not be retroactive in its
application.
(Pub. L. 91-479, 9, Oct. 21, 1970, 84 Stat. 1078.)
16 USC 460x-9. Right of retention of residential use in improved lands
TITLE 16 -- CONSERVATION
(a) Limited term; conforming use; payment for right; sale or lease
of right
Any owner or owners of improved property situated within the area
designated for inclusion in the lakeshore on the date of its acquisition
by the Secretary may, as a condition of such acquisition, retain, for a
term of not to exceed twenty-five years, or for a term ending at the
death of such owner or owners, the right of use and occupancy of such
property for any residential purpose which is not incompatible with the
purposes of this subchapter, or which does not impair the usefulness and
attractiveness of the area designated for inclusion. The Secretary
shall pay to the owner the value of the property on the date of such
acquisition, less the value on such date of the right retained by the
owner. Where any such owner retains a right of use and occupancy as
herein provided, such right during its existence may be conveyed or
leased for noncommercial residential purposes in accordance with the
provisions of this section.
(b) Option to retain use of land; notice to Secretary; payment
Any person who is --
(1) an owner of improved property described in section 460x-10(a)(2)
of this title which is situated within the area designated for inclusion
in the lakeshore on the date of its acquisition by the Secretary; or
(2) an occupier of improved property described in section 460x-10(
a)(2) of this title which is situated within the area designated for
inclusion in the lakeshore on the date of its acquisition by the
Secretary, in situations where the fee ownership of such improved
property has been heretofore acquired by the United States (whether by
donation, purchase, condemnation, exchange or otherwise);
may retain, for a term not to exceed twenty-five years from January
1, 1973, or for a term ending on the death of such owner or occupier,
the right of use or occupancy of such property for any residential
purpose which is not incompatible with the purposes of this subchapter
or which does not impair the usefulness and attractiveness of the area
designated for inclusion. Such owner or occupier must notify the
Secretary of any intention to exercise such option within 60 days after
receipt of the notice referred to in section 460x-10(c)(3) of this
title. In situations where the United States has not heretofore
acquired fee title to the improved property, the Secretary shall pay to
the owner the value of the property on the date of such acquisition,
less the value on such date of the right retained by the owner. In
situations where the United States has heretofore acquired fee title to
the improved property, the occupier may notify the Secretary that such
occupier elects to retain continued use and occupancy of such property
pursuant to this section, in which event the occupier shall pay to the
Secretary the value of the additional right retained, which value shall
be based upon the value of the property at the time of its acquisition
by the Secretary.
(c) Limitation on use in instrument evidencing right; Secretary's
power of termination of right
Any deed or other instrument used to transfer title to property, with
respect to which a right of use and occupancy is retained under this
section, and any instrument evidencing any right of use and occupancy
retained by any occupier under this section, shall provide that such
property shall not be used for any purpose which is incompatible with
purposes of this subchapter, or which impairs the usefulness and
attractiveness of such area, and if it should be so used, that the
Secretary many /1/ terminate such right. In the event the Secretary
exercises his power of termination under this subsection he shall pay to
the owner of the right terminated an amount equal to the value of that
portion of such right which remained unexpired on the date of such
termination.
(d) Transfer of right to member of immediate family; owner option to
terminate; payment by Secretary; ''member of the immediate family''
defined
(1) Any owner or occupier of improved property who retains a right of
use and occupancy under subsection (b) of this section may convey or
lease such right during its existence to a member of such owner or
occupier's immediate family for noncommercial residential purposes which
are not incompatible with the purposes of this subchapter and which do
not impair the usefulness and attractiveness of the area designated for
inclusion.
(2) Any owner or occupier of improved property who has retained a
right of use and occupancy under subsection (b) of this section may
terminate such right at any time, and the Secretary shall pay, within
120 days after the date of such termination, to the owner of the right
terminated an amount equal to the value of that portion of such right
which remained unexpired on the date of such termination.
(3) As used in this subchapter, the term ''member of the immediate
family'' means spouse, brother, sister, or child, including persons
bearing such relationships through adoption, and step-child.
(Pub. L. 91-479, 10, Oct. 21, 1970, 84 Stat. 1079; Pub. L. 97-361,
1, Oct. 22, 1982, 96 Stat. 1720.)
1982 -- Subsec. (b). Pub. L. 97-361 substituted provisions granting
owners and occupiers of improved lakeshore property described in section
460x-10 of this title the right of retention of a compatible residential
use for a limited term upon notification of the Secretary and payment
for the right retained for former provisions which were redesignated as
subsec. (c) and amended.
Subsec. (c). Pub. L. 97-361 redesignated subsec. (b) as (c), and
amended it to apply expressly to any instrument evidencing any right of
use and occupancy retained by any occupier under this section.
Subsec. (d). Pub. L. 97-361 added subsec. (d).
/1/ So in original. Probably should be ''may''.
16 USC 460x-10. Improved property
TITLE 16 -- CONSERVATION
(a) General definition
As used in this subchapter, the term ''improved property'' means a
detached, one-family dwelling, construction of which --
(1) was begun before December 31, 1964, or
(2) for the purposes of section 460x-9(b) or (d) of this title, was
begun on or after December 31, 1964, and before October 21, 1970, and
has been openly and continuously used, at least during the summer months
of each year when similar dwellings in the area are used, as a
residential dwelling since such construction was completed, and with
respect to the portion of such period after any acquisition of such
property by the United States, by the owner, or a member of the
immediate family of the owner, of such dwelling on the date of such
acquisition,
together with so much of the land on which the dwelling is situated,
such land being in the same ownership as the dwelling, as the Secretary
shall designate to be reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial residential use, together
with any structures accessory to the dwelling which are situated on the
lands so designated. The amount of land so designated shall in every
case be at least three acres in area, or all of such lesser acreage as
may be held in the same ownership as the dwelling, and in making such
designation the Secretary shall take into account the manner of
noncommercial residential use in which the dwelling and land have
customarily been enjoyed.
(b) Authorization to exclude beach lands
The Secretary may exclude from the land designated under subsection
(a) of this section any beach or waters on Lake Michigan, together with
so much of the land adjoining any such beach or waters as the Secretary
may deem necessary for public access thereto. If the Secretary makes
such exclusion, an appropriate buffer zone shall be provided between any
residence and the public access or beach.
(c) Authorization to exclude recently improved property;
termination, compensation, and notice
(1) The Secretary may exclude from the category of ''improved
property'' under this subchapter any property described in subsection
(a)(2) of this section which the Secretary determines is in an area
required for public use or development in the immediate future. In
making any such determination the Secretary shall take into account the
proximity of such property to any other improved property, the
development or public use of the lakeshore and the related timetable
therefor, and the anticipated availability in the immediate future of
funds related to such development or public use.
(2)(A) With respect to any improved property, as defined in
subsection (a)(2) of this section, with respect to which the occupier
has retained a right of use and occupancy under section 460x-9(b) of
this title, the Secretary may terminate such right 90 days after
notifying in writing the occupier, if the Secretary determines that such
improved property is needed for public use or development under this
subchapter. In making any such determination the Secretary shall take
into account the proximity of such property to any other improved
property, the development or public use requirements of the lakeshore
and related timetable therefor, and the current availability of funds
for the proposed public use or development.
(B) The Secretary shall pay to the owner of the right terminated an
amount equal to the value of that portion of such right which remained
unexpired on the date of such termination.
(3)(A) The Secretary must, within 60 days after October 22, 1982,
notify in writing any owner or occupier of property described in
subsection (a)(2) of this section that an option to retain rights with
respect to such property exists under section 460x-9(b) of this title,
whether such property shall be subject to any action by the Secretary
under paragraph (1) of this subsection, the nature of such proposed
action, the reasons for such proposed action, and the contemplated
timetable therefor.
(B) With respect to any proposed action to be taken under paragraph
(2) of this subsection, if the Secretary determines within 60 days after
October 22, 1982, after taking into account timetable and funding
projections, that, consistent with the General Management Plan dated
October 1979, public use or development is anticipated before 1998 for
an area containing any improved property described in subsection (a)(2)
of this section, the Secretary shall include notice of such
determination in any notification under subparagraph (A) of this
paragraph. Any failure of the Secretary to so notify an occupier
pursuant to this subparagraph shall not preclude the Secretary from
taking action under paragraph (2) at some future date.
(Pub. L. 91-479, 11, Oct. 21, 1970, 84 Stat. 1080; Pub. L. 97-361,
2, Oct. 22, 1982, 96 Stat. 1721.)
1982 -- Pub. L. 97-361 designated existing provisions up to the
proviso as subsec. (a), added cl. (2), designated existing proviso as
subsec. (b), and added subsec. (c).
16 USC 460x-11. Scenic roads
TITLE 16 -- CONSERVATION
(a) Authority of Secretary for construction, administration, and
procurement of land
In order to facilitate visitor travel, provide scenic overlooks for
public enjoyment and interpretation of the national lakeshore and
related features, and in order to enhance recreational opportunities,
the Secretary is authorized to construct and administer as a part of the
national lakeshore scenic roads of parkway standards generally lying
within Benzie County and within the parkway zone designated on the map
specified in section 460x-1(a) of this title. Such scenic roads shall
include necessary connections, bridges, and other structural utilities.
Notwithstanding any other provision of this subchapter, the Secretary
may procure for this purpose land, or interest therein, by donation,
purchase with appropriated or donated funds, or otherwise: Provided,
That land and interest so procured shall not exceed one hundred and
fifty acres per mile of scenic road, except that tracts may be procured
in their entirety in order to avoid severances. Property so acquired in
excess of the acreage limitation provided in this section may be
exchanged by the Secretary for any land of approximately equal value
authorized for acquisition by this subchapter.
(b) Exchange or sale of lands in Leelanau County
Except as provided in subsection (c) of this section, any lands in
Leelanau County acquired by the Secretary under this section before
October 22, 1982, which are within the parkway zone depicted on the map
specified in section 460x-1(a) of this title but which are not within,
or contiguous to, the lakeshore zone as depicted on such map may be
exchanged by the Secretary for other lands of approximately equal value
in the lakeshore. If the Secretary is unable to effect such an
exchange, such lands may be offered for sale to the person who owned
such lands immediately before their acquisition by the Secretary. If
such previous owner declines such offer, the Secretary may sell such
lands to any buyer. Proceeds from any sale under this subsection shall
be credited to the account established under section 17 of this Act.
(c) Administration of certain lands as Resource Preservation Areas
The Secretary is authorized to obtain and administer, according to
the provisions of this section, as a part of the lakeshore as Resource
Preservation Areas certain interests in the following lands:
(1) Approximately 600 acres designated as ''Miller Hill'' on the map
numbered 634-91,001, dated September 1982.
(2) Approximately 975 acres as designated as ''Bow Lakes'' on the map
numbered 634-91-002, dated September 1982.
(d) Preservation of scenic values in certain lands; use of lands for
educational purposes
(1) The Secretary may obtain fee title under subsection (e) of this
section to lands described in subsection (c)(1) of this section or
easements or other restrictive agreements for the preservation of scenic
values in such lands.
(2) The Secretary may obtain fee title under subsection (e) of this
section to lands described in subsection (c)(2) of this section, or
public access easements or other restrictive agreements consistent with
use of such lands for educational purposes and for research and
interpretation of natural features.
(e) Manner of acquiring fee title or lesser interest in land
(1) Except as provided under paragraph (4), the Secretary may obtain
fee title or other lesser interests to lands described in subsection (c)
of this section only --
(A) by gift, donation, or bequest;
(B) by purchase from a willing seller under paragraph (2); or
(C) as an exercise of a right of first refusal under paragraph (3).
(2) The Secretary may negotiate with willing sellers for the transfer
of fee title to other lesser interests to lands described in subsection
(c) of this section. If the Secretary and such willing seller are
unable to agree to a fair purchase price, that question may, by mutual
consent be submitted to the appropriate United States District Court for
adjudication.
(3) If the owner of any lands described in subsection (c) of this
section intends to transfer any interest in such lands except by gift,
donation, or bequest, such owner must notify the Secretary of such
intention. The Secretary shall have 90 days after notification in which
to exercise a right of first refusal to match any bona fide offer to
obtain such interest under the same terms and conditions as are
contained in such offer. If the Secretary has not exercised such right
within 90 days, the owner may transfer such interest.
(4) Condemnation may be used with respect to any lands described in
subsection (c) of this section only --
(A) to clear title if necessary for any transfer to the Secretary
under this subsection; or
(B) to purchase fee title or such lesser interest as may be
sufficient to prevent significant damage to the scenic, soil, or water
resources of the lakeshore. Action under this subparagraph shall be
used only after attempts to negotiate a solution to the problem have
failed. If the Secretary determines that such attempts have failed, the
Secretary shall notify in writing the owner of the property involved of
the proposed action to be taken under this subparagraph and the
Secretary shall seek an injunction to prevent such resource damage. The
Secretary may at any time, and if an injunction is granted under this
subparagraph the Secretary shall within 30 days after the date of such
injunction, send in writing to the owner of the property the Secretary's
best and final offer for the purchase of such property. If the owner
does not accept such offer, the Secretary may file for condemnation.
The Secretary must notify the Committee on Energy and Natural Resources
of the United States Senate and the Committee on Interior and Insular
Affairs of the United States House of Representatives of any action
taken under this subparagraph.
(f) Zoning restrictions for protection of scenic resources
(1) The Secretary shall enter into discussions with appropriate local
government officials to develop mutually agreeable zoning restrictions
for the protection of scenic resources with respect to the lands
described in subsection (c)(1) of this section.
(2) The Secretary shall enter into discussions with appropriate State
and local officials responsible for the administration of the
Goemaere-Anderson Wetland Protection Act (Michigan, P.A. 203, 1979) to
ensure the protection of natural resources with respect to the lands
described in subsection (c)(2) of this section.
(g) Inclusion of certain lands as part of lakeshore
If the owner of the area designated as ''The Kettle'' in the General
Management Plan dated October 1, 1979, and comprising 240 acres, agrees
to donate fee title or a scenic easement to, or other less than fee
interest in, such area, the lands in such area may be included as a part
of the lakeshore upon publication in the Federal Register by the
Secretary of a revised map of the lakeshore which includes such lands.
(h) Road maintenance and other services
The Secretary may, upon request in writing by any owner or occupier
of lands in the lakeshore, provide services, such as road maintenance,
subject to reimbursement.
(Pub. L. 91-479, 12, Oct. 21, 1970, 84 Stat. 1080; Pub. L. 97-361,
3, Oct. 22, 1982, 96 Stat. 1722.)
Section 17 of this Act, referred to in subsec. (b), probably means
proposed section 17 of Pub. L. 91-479, which was contained in H.R.
3787, 97th Congress, 2d Session, as reported in House Report No.
97-882, page 4, but was omitted in the final version enacted by Congress
as Pub. L. 97-361.
1982 -- Pub. L. 97-361 designated existing provisions as subsec.
(a), inserted ''Benzie County and within'' after ''generally lying
within'', and added subsecs. (b) to (h).
16 USC 460x-12. Condemnation of commercial property
TITLE 16 -- CONSERVATION
In any case not otherwise provided for in this subchapter, the
Secretary shall be prohibited from condemning any commercial property
used for commercial purposes in existence on December 31, 1964, so long
as, in his opinion, the use thereof would further the purpose of this
subchapter, and such use does not impair the usefulness and
attractiveness of the area designated for inclusion in the lakeshore.
The following uses, among others, shall be considered to be uses
compatible with the purposes of this subchapter: Commercial farms,
orchards, motels, rental cottages, camps, craft and art studios,
marinas, medical, legal, architectural, and other such professional
offices, and tree farms.
(Pub. L. 91-479, 13, Oct. 21, 1970, 84 Stat. 1080.)
this title.
16 USC 460x-13. Certificate of Secretary to interested person
indicating prohibition from acquiring particular property by
condemnation; contents
TITLE 16 -- CONSERVATION
The Secretary shall furnish to any interested person requesting the
same a certificate indicating, with respect to any property which the
Secretary has been prohibited from acquiring by condemnation in
accordance with provisions of this subchapter, that such authority is
prohibited and the reasons therefor.
(Pub. L. 91-479, 14, Oct. 21, 1970, 84 Stat. 1080.)
16 USC 460x-14. Authorization of appropriations; adjustments
TITLE 16 -- CONSERVATION
There are authorized to be appropriated not more than $84,149,558 for
the acquisition of lands and interests in lands and not more than
$18,769,000 (June 1970 prices) for development, plus or minus such
amounts, if any, as may be justified by reason of ordinary fluctuations
in construction costs as indicated by engineering cost indices
applicable to the type of construction involved herein.
(Pub. L. 91-479, 15, Oct. 21, 1970, 84 Stat. 1081; Pub. L. 93-477,
title I, 101(13), Oct. 26, 1974, 88 Stat. 1446; Pub. L. 97-361, 4, Oct.
22, 1982, 96 Stat. 1724; Pub. L. 98-141, 5, Oct. 31, 1983, 97 Stat.
909; Pub. L. 98-505, Oct. 19, 1984, 98 Stat. 2337.)
1984 -- Pub. L. 98-505 substituted ''$84,149,558'' for
''$82,149,558''.
1983 -- Pub. L. 98-141 substituted ''$82,149,558'' for
''$66,153,000''.
1982 -- Pub. L. 97-361 substituted ''$66,153,000'' for
''$57,753,000''.
1974 -- Pub. L. 93-477 substituted ''$57,753,000'' for
''$19,800,000''.
Section 7 of Pub. L. 97-361 provided that: ''For purposes of
section 7(a)(3) of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-9(a)(3)), the statutory ceilings on appropriations
established by the amendments made by this Act (enacting section 460x-15
and amending sections 460x-9, 460x-11 and 460x-14 of this title) shall
be deemed to be statutory ceilings contained in a provision of law
enacted prior to the convening of the Ninety-fifth Congress.''
16 USC 460x-15. Lakeshore wilderness report; administration
TITLE 16 -- CONSERVATION
In accordance with section 1132(c) of this title, the President
shall, no later than June 1, 1983, advise the United States Senate and
House of Representatives of his recommendations with respect to the
suitability or nonsuitability as wilderness of any area within the
lakeshore. Subject to existing private rights, the areas described in
the report prepared by the National Park Service entitled ''Wilderness
Recommendation; Sleeping Bear Dunes National Lakeshore'' dated January,
1981, and recommended for wilderness (approximately 7,128 acres) and for
potential wilderness additions (approximately 23,775 acres) shall, until
Congress determines otherwise, be administered by the Secretary so as to
maintain their presently existing wilderness character and potential for
inclusion in the National Wilderness Preservation System.
(Pub. L. 91-479, 16, as added Pub. L. 97-361, 5, Oct. 22, 1982, 96
Stat. 1724.)
16 USC SUBCHAPTER LXXXIII -- KING RANGE NATIONAL CONSERVATION AREA
TITLE 16 -- CONSERVATION
16 USC 460y. Establishment of conservation area
TITLE 16 -- CONSERVATION
The Secretary of the Interior (hereinafter referred to as the
''Secretary'') is hereby authorized and directed, after compliance with
sections 460y-2 and 460y-3 of this title, to establish, within the
boundaries described in section 460y-8 of this title, the King Range
National Conservation Area in the State of California (hereinafter
referred to as the ''Area''), and to consolidate and manage the public
lands in the area with the purpose of conserving and developing, for the
use and benefit of the people of the United States, the lands and other
resources therein under a program of multiple usage and of sustained
yield.
(Pub. L. 91-476, 1, Oct. 21, 1970, 84 Stat. 1067.)
16 USC 460y-1. Management of lands
TITLE 16 -- CONSERVATION
(a) Utilization and development of resources
In the management of lands in the area, the Secretary shall utilize
and develop the resources in such a manner as to satisfy all legitimate
requirements for the available resources as fully as possible without
undue denial of any of such requirements and without undue impairment of
any of the resources, taking into consideration total requirement and
total availability of resources, irrespective of ownership or location.
(b) Plan of land use, development, and management
The policy set forth in subsection (a) of this section implies --
(1) that there will be a comprehensive, balanced, and coordinated
plan of land use, development, and management of the Area, and that such
plan will be based on an inventory and evaluation of the available
resources and requirements for such resources, and on the topography and
other features of the Area.
(2) that the plan will indicate the primary or dominant uses which
will be permitted on various portions of the Area.
(3) that the plan will be based on a weighing of the relative values
to be obtained by utilization and development of the resources for
alternative possible uses, and will be made with the object of obtaining
the greatest values on a continuing basis, and that due consideration
will be given to intangible values as well as to tangible values such as
dollare return or production per unit.
(4) that secondary or collateral uses may be permitted to the extent
that such uses are compatible with and do not unduly impair the primary
or dominant uses, according to a seasonal schedule or otherwise.
(5) that management of the renewable resources will be such as to
obtain a sustained, regular, or periodic yield or supply of products or
services without impairment of the productivity, or the enjoyment or
carrying capacity of the land.
(6) that the plan will be reviewed and reevaluated periodically.
(7) that the resources to be considered are all the natural resources
including but not limited to the soils, bodies of water including the
shorelines thereof, forest growth including timber, vegetative cover
including forage, fish, and other wildlife, and geological resources
including minerals.
(8) that the uses to be considered are all of the legitimate uses of
such resources including but not limited to all forms of outdoor
recreation including scenic enjoyment, hunting, fishing, hiking, riding,
camping, picknicking, boating, and swimming, all uses of water
resources, watershed management, production of timber and other forest
producers, grazing and other agricultural uses, fish and wildlife
management, mining, preservation of ecological balance, scientific
study, occupancy and access.
(Pub. L. 91-476, 2, Oct. 21, 1970, 84 Stat. 1067.)
16 USC 460y-2. Program of multiple usage and sustained yield of
renewable natural resources; public and private assistance in
preparation; provisions
TITLE 16 -- CONSERVATION
The Secretary shall use public and private assistance as he may
require, for the purpose of preparing for the Area a program of multiple
usage and of sustained yield of renewable natural resources. Such
program shall include but need not be limited to (1) a quantitative and
qualitative analysis of the resources of the Area; (2) the proposed
boundaries of the Area; (3) a plan of land use, development, and
management of the Area together with any proposed cooperative activities
with the State of California, local governments, and others; (4) a
statement of expected costs and an economic analysis of the program with
particular reference to costs to the United States and expected economic
effects on local communities and governments; and (5) an evaluation by
the Secretary of the program in terms of the public interest.
(Pub. L. 91-476, 3, Oct. 21, 1970, 84 Stat. 1068.)
16 USC 460y-3. Procedure for establishment
TITLE 16 -- CONSERVATION
The Secretary shall establish the Area after a period of at least
ninety calendar days from and after the date that he has (1) submitted
copies of the program required by section 460y-2 of this title to the
President of the Senate and the Speaker of the House of Representatives,
the Governor of the State of California, and the governing body of the
county or counties in which the area is located and (2) published a
notice of intention to establish the area in the Federal Register and in
at least two newspapers which circulate generally within the Area.
(Pub. L. 91-476, 4, Oct. 21, 1970, 84 Stat. 1068.)
16 USC 460y-4. Authority of Secretary
TITLE 16 -- CONSERVATION
The Secretary is authorized --
(1) Conduct of public hearings
To conduct a public hearing or hearings to receive expression of
local views relating to establishment of the area.
(2) Acquisition of land or interests in land by donation, by purchase
with donated funds or funds specifically appropriated for such purpose,
or by exchange; consent of owner; acquired lands or interests in lands
as public lands
To acquire by donation, by purchase with donated funds or with funds
appropriated specifically for that purpose, or by exchange, any land or
interest in land within the area described in section 460y-8 of this
title, which the Secretary, in his judgment, determines to be desirable
for consolidation of public lands within the Area in order to facilitate
efficient and beneficial management of the public lands or otherwise to
accomplish the purposes of this subchapter: Provided, That the
Secretary may not acquire, without the consent of the owner, any such
lands or interests therein which are utilized on October 21, 1970, for
residential, agricultural, or commercial purposes so long as he finds
such property is devoted to uses compatible with the purposes of this
subchapter. Any lands or interests in lands acquired by the United
States under the authority of this section shall, upon acceptance of
title, become public lands, and shall become a part of the area subject
to all the laws and regulations applicable thereto.
(3) Procedure for acquisition of land or interests in land by
exchange
In the exercise of his authority to acquire land or interests in land
by exchange under this subchapter, to accept title to any non-Federal
land located within the Area and to convey to the grantor of such land
not to exceed an equal value of surveyed, unappropriated, and unreserved
public lands or interests, in lands and appropriated funds when in his
judgment the exchange will be in the public interest, and in accordance
with the following:
(A) The public lands offered in exchange for non-Federal lands or
interests in non-Federal lands must be in the same county or counties,
and must be classified by the Secretary as suitable for exchange. For a
period of five years, any such public lands suitable for transfer to
nonpublic ownership shall be classified for exchange under this
subchapter.
(B) If the lands or interests in lands offered in exchange for public
lands have a value at least equal to two-thirds of the value of the
public lands, the exchange may be completed upon payment to the
Secretary of the difference in value, or the submittal of a cash deposit
or a performance bond in an amount at least equal to the difference in
value assuring that additional lands acceptable to the Secretary and at
least equal to the difference in value will be conveyed to the
Government within a time certain to be specified by the Secretary. Any
such payment made to the Secretary shall be deposited in the Treasury as
a miscellaneous receipt.
(C) If the public lands offered in exchange for non-Federal lands or
interests in non-Federal lands have a value at least equal to two-thirds
of the value of the non-Federal lands, the exchange may be completed
upon payment by the Secretary of the difference in value.
(D) Either party to an exchange under this subchapter may reserve
minerals, easements, or rights of use either for its own benefit, for
the benefit of third parties, or for the benefit of the general public.
Any such reservation, whether in lands conveyed to or by the United
States, shall be subject to such reasonable conditions respecting
ingress and egress and the use of the surface of the land as may be
deemed necessary by the Secretary. When minerals are reserved in a
conveyance by the United States, any person who prospects for or
acquires the right to mine and remove the reserved mineral deposits
shall be liable to the surface owners according to their respective
interests for any actual damage to the surface or to the improvements
thereon resulting from prospecting, entering, or mining operations; and
such person shall, prior to entering, either obtain the surface owner's
written consent, or file with the Secretary a good and sufficient bond
or undertaking to the United States in an amount acceptable to the
Secretary for the use and benefit of the surface owner to secure payment
of such damages as may be determined in an action brought on the bond or
undertaking in a court of competent jurisdiction.
(4) Payment of fair market value for purchased lands; determination
by independent appraisal
In the exercise of his authority to purchase lands under this
subchapter to pay for any such purchased lands their fair market value,
as determined by the Secretary, who may, in his discretion, base his
determination on an independent appraisal obtained by him.
(5) Identification of appropriate public uses of public lands and
interests therein within Area; disposition of public lands within Area
To identify the appropriate public uses of all of the public lands
and interests therein within the Area. Disposition of the public lands
within the Area, or any of the lands subsequently acquired as part of
the Area, is prohibited, and the lands in the Area described in section
460y-8 of this title are hereby withdrawn from all forms of entry,
selection, or location under existing or subsequent law, except as
provided in section 460y-5 of this title. Notwithstanding any provision
of this section, the Secretary may (A) exchange public lands or
interests therein within the area for privately owned lands or interests
therein also located within the Area, and (B) issue leases, licenses,
contracts, or permits as provided by other laws.
(6) Construction, operation, and maintenance of roads, trails, and
other access and recreational facilities within Area
To construct or cause to be constructed and to operate and maintain
such roads, trails, and other access and recreational facilities in the
area as the Secretary deems necessary and desirable for the proper
protection, utilization, and development of the area.
(7) Reforestation and revegetation of lands within Area;
installation of soil- and water-conserving works and practices
To reforest and revegetate such lands within the area and install
such soil- and water-conserving works and practices to reduce erosion
and improve forage and timber capacity as the Secretary deems necessary
and desirable.
(8) Cooperative arrangements with State and local governmental
agencies, and nonprofit organizations concerning installation,
construction, maintenance, and operation of access and recreational
facilities, etc.; designation of zones and establishment of periods for
hunting and fishing
To enter into such cooperative arrangements with the State of
California, local governmental agencies, and nonprofit organizations as
the Secretary deems necessary or desirable concerning but not limited to
installation, construction, maintenance, and operation of access and
recreational facilities, reforestation, revegetation, soil and moisture
conservation, and management of fish and wildlife including hunting and
fishing and control of predators. The Secretary shall permit hunting
and fishing on lands and waters under the jurisdiction within the
boundaries of the recreation area in accordance with the applicable laws
of the United States and the State of California, except that the
Secretary may designate zones where, and establish periods when, no
hunting or fishing shall be permitted for reasons of public safety,
administration, fish and wildlife management, or public use and
enjoyment. Except in emergencies, any regulations of the Secretary
pursuant to this section shall be put into effect only after
consultation with the appropriate State fish and game department.
(9) Issuance of regulations
To issue such regulations and to do such other things as the
Secretary deems necessary and desirable to carry out the terms of this
subchapter.
(Pub. L. 91-476, 5, Oct. 21, 1970, 84 Stat. 1068; Pub. L. 95-352,
2(1), Aug. 20, 1978, 92 Stat. 516.)
1978 -- Par. (3)(B). Pub. L. 95-352 inserted provisions relating to
deposit of receipts into Treasury.
16 USC 460y-5. Applicability of mining laws; prospecting commenced or
conducted and mining claims located subsequent to October 21, 1970 as
subject to regulations; patents issued on mining claims located
subsequent to October 21, 1970 as subject to regulations; provisions of
regulations; rights of owner of existing valid mining claim as
unaffected
TITLE 16 -- CONSERVATION
(a) Subject to valid existing rights, nothing in this subchapter
shall affect the applicability of the United States mining laws on the
federally owned lands within the Area, except that all prospecting
commenced or conducted and all mining claims located after October 21,
1970, shall be subject to such reasonable regulations as the Secretary
may prescribe to effectuate the purposes of this subchapter. Any patent
issued on any mining claim located after October 21, 1970, shall recite
this limitation and continue to be subject to such regulations. All
such regulations shall provide, among other things, for such measures as
may be reasonable to protect the scenic and esthetic values of the Area
against undue impairment and to assure against pollution of the streams
and waters within the Area.
(b) Nothing in this section shall be construed to limit or restrict
rights of the owner or owners of any existing valid mining claim.
(Pub. L. 91-476, 6, Oct. 21, 1970, 84 Stat. 1070.)
The United States mining laws, referred to in subsec. (a), are
classified generally to Title 30, Mineral Lands and Mining.
16 USC 460y-6. Administration of public lands within Area
TITLE 16 -- CONSERVATION
Except as may otherwise be provided in this subchapter, the public
lands within the area shall be administered by the Secretary under any
authority available to him for the conservation, development, and
management of natural resources on public lands in California withdrawn
by Executive Order Numbered 6910, dated November 26, 1934, to the extent
that he finds such authority will further the purposes of this
subchapter.
(Pub. L. 91-476, 7, Oct. 21, 1970, 84 Stat. 1070.)
Executive Order Numbered 6910, dated November 26, 1934, referred to
in text, is not classified to the Code.
16 USC 460y-7. Withdrawal of certain public lands for classification;
revocation of Executive Order Numbered 5237
TITLE 16 -- CONSERVATION
The objectives of Executive Order Numbered 5237, dated December 10,
1929, which withdraw certain public lands for classification, having
been accomplished by the enactment of this subchapter, that Executive
order is hereby revoked effective as of the date the Secretary
establishes the area.
(Pub. L. 91-476, 8, Oct. 21, 1970, 84 Stat. 1070.)
Executive Order Numbered 5237, dated December 10, 1929, referred to
in text, is not classified to the Code.
16 USC 460y-8. Survey and investigation area
TITLE 16 -- CONSERVATION
(a) Description
The survey and investigation area referred to in section 460y of this
title is described as follows:
16 USC mount diablo meridian, california
TITLE 16 -- CONSERVATION
Township 24 north, range 19 west, sections 4 and 5.
16 USC humboldt meridian, california
TITLE 16 -- CONSERVATION
Township 5 south, range 1 east, all sections in township.
Township 5 south, range 2 east, section 6, lots 4 through 9; 16
through 21; and 24 through 26; section 7, lots 2 through 7; 10
through 15; section 18, lots 1 through 16; section 19, lots 1 through
16; southwest quarter northeast quarter and west half southeast quarter
and sections 30 and 31; section 32, southwest quarter northeast
quarter; south half northwest quarter; northwest quarter northwest
quarter; southwest quarter and west half southeast quarter.
Township 4 south, range 1 west, all sections in township.
Township 4 south, range 1 east; section 4, south half; south half
northeast quarter and south half northwest quarter; sections 5 through
9; 15 through 23; section 24, west half; section 25, west half;
sections 26 through 35; section 36, lots 3 through 5 and 8 through 11
and southeast quarter.
Township 4 south, range 2 east, section 31, west half southeast
quarter and southwest quarter.
Township 3 south, range 2 west, section 12, southeast quarter
southeast quarter; sections 13 through 16 and 22 through 25.
Township 3 south, range 1 west, section 9, southwest quarter
southwest quarter; section 12, south half southeast quarter and south
half southwest quarter; sections 13 through 36.
Township 3 south, range 1 east, section 18, lots 1 through 4;
section 19, lots 1 and 2, southwest quarter and west half southeast
quarter; section 29, southwest quarter northwest quarter and west half
southwest quarter; sections 30 and 31; section 32, west half.
Township 2 south, range 2 west, section 31, north half of lot 2 of
the southwest quarter (43.40 acres of public land withdrawn by Executive
Order 5237 of December 10, 1929); and 22.8 acres of acquired fee lands
described by metes and bounds in section 31, township 2 south, range 2
west, and section 36, township 2 south, range 3 west; and 31.27 acres
of acquired easements described by metes and bounds across certain
sections in township 2 south, ranges 2 and 3 west.
(b) Acquisition of adjacent lands; limitations
In addition to the lands described in subsection (a) of this section,
the Secretary is authorized to acquire such land outside the area but in
close proximity thereto as is necessary to facilitate sound management.
Acquisition hereunder shall, however, not exceed three hundred and
twenty acres and shall be limited to such purposes as headquarters
facility requirements, ingress and egress routes and, where necessary,
to straighten boundaries or round out acquisitions.
(c) Additions
In addition to the lands described in subsection (a) of this section,
the land identified as the Punta Gorda Addition and the Southern
Additions on the map entitled ''King Range National Conservation Area
Boundary Map No. 2'', dated July 29, 1975, is included in the survey
and investigation area referred to in section 460y of this title.
(Pub. L. 91-476, 9, Oct. 21, 1970, 84 Stat. 1070; Pub. L. 94-579,
title VI, 602, Oct. 21, 1976, 90 Stat. 2784.)
1976 -- Subsec. (c). Pub. L. 94-579 added subsec. (c).
Amendment by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see note
set out under section 1701 of Title 43, Public Lands.
16 USC 460y-9. Authorization of appropriations
TITLE 16 -- CONSERVATION
(a) There are authorized to be appropriated such sums as may be
necessary to accomplish the purposes of this subchapter, but not to
exceed $1,500,000 for the purchase of lands and interests in lands and
not to exceed $3,500,000 for the construction and improvements.
(b) In addition to any amounts authorized to be appropriated under
subsection (a) of this section, there are authorized to be appropriated
for fiscal years beginning on or after October 1, 1979, for the
acquisition of lands and interests in lands under this subchapter --
(1) from the Land and Water Conservation Fund (established under the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.))
not to exceed $5,000,000, and
(2) from any other sources an amount not to exceed the sum of (A)
$5,000,000, and (B) an amount equal to the amount deposited in the
Treasury under section 460y-4(3)(B) of this title after August 20, 1978,
such sums to remain available until expended.
(Pub. L. 91-476, 10, Oct. 21, 1970, 84 Stat. 1071; Pub. L. 95-352,
2(2), (3), Aug. 20, 1978, 92 Stat. 516.)
The Land and Water Conservation Fund Act of 1965, referred to in
subsec. (b)(1), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as
amended, which is classified generally to part B ( 460l-4 et seq.) of
subchapter LXIX of this chapter. For complete classification of this
Act to the Code, see Short Title note set out under section 460l-4 of
this title and Tables.
1978 -- Pub. L. 95-352 designated existing provisions as subsec.
(a) and added subsec. (b).
16 USC SUBCHAPTER LXXXIV -- OREGON DUNES NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460z. Establishment of recreation area
TITLE 16 -- CONSERVATION
In order to provide for the public outdoor recreation use and
enjoyment of certain ocean shorelines and dunes, forested areas, fresh
water lakes, and recreational facilities in the State of Oregon by
present and future generations and the conservation of scenic,
scientific, historic, and other values contributing to public enjoyment
of such lands and waters, there is hereby established, subject to valid
existing rights, the Oregon Dunes National Recreation Area (hereinafter
referred to as the ''recreation area'').
(Pub. L. 92-260, 1, Mar. 23, 1972, 86 Stat. 99.)
16 USC 460z-1. Administration, protection, and development
TITLE 16 -- CONSERVATION
The administration, protection, and development of the recreation
area shall be by the Secretary of Agriculture (hereinafter called the
''Secretary'') in accordance with the laws, rules, and regulations
applicable to national forests, in such manner as in his judgment will
best contribute the attainment of the purposes set forth in section 460z
of this title.
(Pub. L. 92-260, 2, Mar. 23, 1972, 86 Stat. 99.)
16 USC 460z-2. Inland sector; establishment as buffer sector
TITLE 16 -- CONSERVATION
The portion of the recreation area delineated as the ''Inland
Sector'' on the map referenced in section 460z-3 of this title is hereby
established as an inland buffer sector in order to promote such
management and use of the lands, waters, and other properties within
such sector as will best protect the values which contribute to the
purposes set forth in section 460z of this title.
(Pub. L. 92-260, 3, Mar. 23, 1972, 86 Stat. 99.)
16 USC 460z-3. Boundary map; revision
TITLE 16 -- CONSERVATION
The boundaries of the recreation area, as well as the boundaries of
the inland sector included therein, shall be as shown on a map entitled
''Proposed Oregon Dunes National Recreation Area'' dated May 1971, which
is on file and available for public inspection in the Office of the
Chief, Forest Service, Department of Agriculture, and to which is
attached and hereby made a part thereof a detailed description by metes
and bounds of the exterior boundaries of the recreation area and of the
inland sector. The Secretary may by publication of a revised map or
description in the Federal Register correct clerical or typographical
errors in said map or descriptions.
(Pub. L. 92-260, 4, Mar. 23, 1972, 86 Stat. 99.)
The boundaries of the Siuslaw National Forest were extended by
section 6 of Pub. L. 92-260 to include all lands described in
accordance with this section. See note set out under sections 486a to
486w of this title.
16 USC 460z-4. Transfer of Federal property
TITLE 16 -- CONSERVATION
Notwithstanding any other provision of law, any Federal property
located within the boundaries of the recreation area is hereby
transferred without consideration to the administrative jurisdiction of
the Secretary for use by him in implementing the purposes of this
subchapter, but lands presently administered by the United States Coast
Guard or the United States Corps of Engineers may continue to be used by
such agencies to the extent required.
(Pub. L. 92-260, 5, Mar. 23, 1972, 86 Stat. 99.)
16 USC 460z-5. Land acquisition in inland sector
TITLE 16 -- CONSERVATION
Within the inland sector established by section 460z-2 of this title
the Secretary may acquire the following classes of property only with
the consent of the owner:
(a) improved property as hereinafter defined;
(b) property used for commercial or industrial purposes if such
commercial or industrial purposes are the same such purposes for which
the property was being used on December 31, 1970, or such commercial or
industrial purposes have been certified by the Secretary or his designee
as compatible with or furthering the purposes of this subchapter;
(c) timberlands under sustained yield management so long as the
Secretary determines that such management is being conducted in
accordance with standards for timber production, including but not
limited to harvesting reforestation, and debris cleanup, not less
stringent than management standards imposed by the Secretary on
comparable national forest lands: Provided, That the Secretary may
acquire such lands or interests therein without the consent of the owner
if he determines that such lands or interests are essential for
recreation use or for access to or protection of recreation developments
within the purposes of this subchapter. In any acquisition of such
lands or interests the Secretary shall, to the extent practicable,
minimize the impact of such acquisition on access to or the reasonable
economic use for sustained yield forestry of adjoining lands not
acquired; and
(d) property used on December 31, 1970, primarily for private,
noncommercial recreational purposes if any improvements made to such
property after said date are certified by the Secretary of Agriculture
or his designee as compatible with the purposes of this subchapter.
(Pub. L. 92-260, 7, Mar. 23, 1972, 86 Stat. 100.)
16 USC 460z-6. Land acquisition in recreation area; donation and
exchange; railway right-of-way; retention rights of owners of improved
property
TITLE 16 -- CONSERVATION
(a) Land acquisition
Within the boundaries of the recreation area lands, waters, and
interests therein owned by or under the control of the State of Oregon
or any political subdivision thereof may be acquired only by donation or
exchange.
(b) Railway right-of-way
No part of the Southern Pacific Railway right-of-way within the
boundaries of the recreation area may be acquired without the consent of
the railway, so long as it is used for railway purposes: Provided, That
the Secretary may condemn such easements across said right-of-way as he
deems necessary for ingress and egress.
(c) Retention rights of owners of improved property
Any person owning an improved property, as hereafter defined, within
the recreation area may reserve for himself and his assigns, as a
condition of the acquisition of such property, a right of use and
occupancy of the residence and not in excess of three acres of land on
which such residence is situated. Such reservation shall be for a term
ending at the death of the owner, or the death of his spouse, whichever
occurs later, or, in lieu thereof, for a definite term not to exceed
twenty-five years: Provided, That the Secretary may exclude from such
reserved property any lands or waters which he deems necessary for
public use, access, or development. The owner shall elect, at the time
of conveyance, the term of the right to be reserved. Where any such
owner retains a right of use and occupancy as herein provided, such
right may during its existence be conveyed or leased in whole, but not
in part, for noncommercial residential purposes. The Secretary shall
pay to the owner the fair market value of the property on the date of
such acquisition less the fair market value on such date of the right
retained by the owner. At any time subsequent to the acquisition of
such property the Secretary may, with the consent of the owner of the
retained right of use and occupancy, acquire such right, in which event
he shall pay to such owner the fair market value of the remaining
portion of such right.
(d) ''Improved property'' defined
The term ''improved property'' wherever used in this subchapter shall
mean a detached one-family dwelling the construction of which was begun
before December 31, 1970, together with any structures accessory to it
and the land on which the dwelling is situated, the said land being in
the same ownership as the dwelling, as the Secretary finds necessary for
the enjoyment of the dwelling for the sole purpose of noncommercial
residential use.
(Pub. L. 92-260, 8, Mar. 23, 1972, 86 Stat. 100.)
16 USC 460z-7. Hunting, fishing, and trapping
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting, fishing, and trapping on lands
and waters under his jurisdiction within the boundaries of the
recreation area in accordance with applicable laws of the United States
and the State of Oregon, except that the Secretary may designate zones
where, and establish periods when, no hunting, fishing, or trapping
shall be permitted for reasons of public safety, administration, or
public use and enjoyment. Except in emergencies, any regulation of the
Secretary pursuant to this section shall be put into effect only after
consultation with the appropriate State fish and game department.
(Pub. L. 92-260, 9, Mar. 23, 1972, 86 Stat. 101.)
16 USC 460z-8. Mining restriction
TITLE 16 -- CONSERVATION
The lands within the recreation area, subject to valid existing
rights, are hereby withdrawn from location, entry, and patent under the
United States mining laws and from disposition under all laws pertaining
to mineral leasing and all amendments thereto.
(Pub. L. 92-260, 10, Mar. 23, 1972, 86 Stat. 101.)
The United States mining laws, referred to in text, are classified
generally to Title 30, Mineral Lands and Mining.
16 USC 460z-9. Water utilization; transportation of wastes, easements
TITLE 16 -- CONSERVATION
(a) Water utilization
The Secretary is authorized and directed, subject to applicable water
quality standards now or hereafter established, to permit, subject to
reasonable rules and regulations, the investigation for, appropriation,
storage, and withdrawal of ground water, surface water, and lake,
stream, and river water from the recreation area and the conveyance
thereof outside the boundaries of the recreation area for beneficial use
in accordance with applicable laws of the United States and of the State
of Oregon if permission therefor has been obtained from the State of
Oregon before March 23, 1972: Provided, That nothing herein shall
prohibit or authorize the prohibition of the use of water from
Tahkenitch or Siltcoo Lakes in accordance with permission granted by the
State of Oregon prior to March 23, 1972, in connection with certain
industrial plants developed or being developed at or near Gardiner,
Oregon.
(b) Transportation and storage of wastes
The Secretary is authorized and directed, subject to applicable water
quality standards now or hereafter established, to permit, subject to
reasonable rules and regulations, transportation and storage in
pipelines within and through the recreation area of domestic and
industrial wastes in accordance with applicable laws of the United
States and of the State of Oregon if permission therefor has been
obtained from the State of Oregon before March 23, 1972.
(c) Easements and rights for the disposal of wastes
The Secretary is further authorized, subject to applicable water
quality standards now or hereafter established, to grant such additional
easements and rights, in terms up to perpetuity, as in his judgment
would be appropriate and desirable for the effective use of the rights
to water and the disposal of waste provided for herein and for other
utility and private purposes if permission therefor has been obtained
from the State of Oregon, subject to such reasonable terms and
conditions as he deems necessary for the protection of the scenic,
scientific, historic, and recreational features of the recreation area.
(Pub. L. 92-260, 11, Mar. 23, 1972, 86 Stat. 101.)
16 USC 460z-10. Advisory Council
TITLE 16 -- CONSERVATION
(a) Establishment; membership
The Secretary shall establish an advisory council for the Oregon
Dunes National Recreation Area, and shall consult on a periodic and
regular basis with such council with respect to matters relating to
management and development of the recreation area. The members of the
advisory council, who shall not exceed fifteen in number, shall serve
for individual staggered terms of three years each and shall be
appointed by the Secretary as follows:
(i) a member to represent each county in which a portion of the
recreation area is located, each such appointee to be designated by the
respective governing body of the county involved;
(ii) a member appointed to represent the State of Oregon, who shall
be designated by the Governor of Oregon;
(iii) not to exceed eleven members appointed by the Secretary from
among persons who, individually or through association with national or
local organizations, have an interest in the administration of the
recreation area; and
(iv) the Secretary shall designate one member to be Chairman and
shall fill vacancies in the same manner as the original appointment.
(b) Private viewpoints
The Secretary shall, in addition to his consultation with the
advisory council, seek the views of other private groups and individuals
with respect to administration of the recreation area.
(c) Payment of expenses
The members shall not receive any compensation for their services as
members of the council, as such, but the Secretary is authorized to pay
expenses reasonably incurred by the council in carrying out its
responsibilities.
(Pub. L. 92-260, 12, Mar. 23, 1972, 86 Stat. 102.)
Advisory councils in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a council established by the President or an
officer of the Federal Government, such council is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a council established by the Congress, its duration is
otherwise provided by law. See sections 3(2) and 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.
16 USC 460z-11. Area review; report to the President; wilderness
designation
TITLE 16 -- CONSERVATION
Within three years from March 23, 1972, the Secretary shall review
the area within the boundaries of the recreation area and shall report
to the President, in accordance with section 1132(b) and (d) of this
title, his recommendation as to the suitability or nonsuitability of any
area within the recreation area for preservation as a wilderness, and
any designation of any such area as a wilderness shall be accomplished
in accordance with section 1132(b) and (d) of this title.
(Pub. L. 92-260, 13, Mar. 23, 1972, 86 Stat. 102.)
Section 1132(b) and (d) of this title, the first time appearing in
text, was in the original ''subsections 3(b) and 3(d) of the Wilderness
Act'' and, the second time appearing in text, was in the original ''said
subsection of the Wilderness Act''.
16 USC 460z-12. Federal-State cooperation
TITLE 16 -- CONSERVATION
The Secretary shall cooperate with the State of Oregon or any
political subdivision thereof in the administration of the recreation
area and in the administration and protection of lands within or
adjacent to the recreation area owned or controlled by the State or
political subdivision there. Nothing in this subchapter shall deprive
the State of Oregon or any political subdivision thereof of its right to
exercise civil and criminal jurisdiction within the recreation area
consistent with this subchapter, or of its right to tax persons,
corporations, franchises, or other non-Federal property, including
mineral or other interests, in or on lands or waters within the
recreation area.
(Pub. L. 92-260, 14, Mar. 23, 1972, 86 Stat. 102.)
16 USC 460z-13. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated for the acquisition of
lands, waters, and interests therein such sums as are necessary, not to
exceed $5,750,000. For development of the recreation area, not more
than $12,700,000 is authorized to be appropriated.
(Pub. L. 92-260, 15, Mar. 23, 1972, 86 Stat. 102; Pub. L. 94-578,
title III, 316, Oct. 21, 1976, 90 Stat. 2737.)
1976 -- Pub. L. 94-578 substituted ''There are hereby authorized to
be appropriated for the acquisition of lands, waters, and interests
therein such sums as are necessary, not to exceed $5,750,000'' for
''Money appropriated from the Land and Water Conservation Fund shall be
available for the acquisition of lands, waters, and interests therein
within the recreation area, but not more than $2,500,000 is authorized
to be appropriated for such purposes''.
16 USC SUBCHAPTER LXXXV -- SAWTOOTH NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460aa. Establishment of recreation area
TITLE 16 -- CONSERVATION
(a) Statement of purposes
In order to assure the preservation and protection of the natural,
scenic, historic, pastoral, and fish and wildlife values and to provide
for the enhancement of the recreational values associated therewith, the
Sawtooth National Recreation Area is hereby established.
(b) Publication in Federal Register; description of boundaries
The Sawtooth National Recreation Area (hereafter referred to as the
''recreation area''), including the Sawtooth Wilderness Area (hereafter
referred to as the ''wilderness area''), shall comprise the lands
generally depicted on the map entitled ''Sawtooth National Recreation
Area'' dated June 1972, which shall be on file and available for public
inspection in the office of the Chief, Forest Service, Department of
Agriculture. The Secretary of Agriculture (hereafter referred to as the
''Secretary'') shall, as soon as practicable after August 22, 1972,
publish a detailed description and map showing the boundaries of the
recreation area in the Federal Register.
(Pub. L. 92-400, 1, Aug. 22, 1972, 86 Stat. 612.)
16 USC 460aa-1. Administration
TITLE 16 -- CONSERVATION
(a) Recreation area
The Secretary shall administer the recreation area in accordance with
the laws, rules and regulations applicable to the national forests in
such manner as will best provide (1) the protection and conservation of
the salmon and other fisheries; (2) the conservation and development of
scenic, natural, historic, pastoral, wildlife, and other values,
contributing to and available for public recreation and enjoyment,
including the preservation of sites associated with and typifying the
economic and social history of the American West; and (3) the
management, utilization, and disposal of natural resources on federally
owned lands such as timber, grazing, and mineral resources insofar as
their utilization will not substantially impair the purposes for which
the recreation area is established.
(b) Wilderness area
The lands designated as the Sawtooth Wilderness Area, which
supersedes the Sawtooth Primitive Area, shall be administered in
accordance with the provisions of this subchapter and the provisions of
the Wilderness Act (16 U.S.C. 1131 et seq.), whichever is more
restrictive, except that any reference in such provisions to the
effective date of the Wilderness Act shall be deemed to be a reference
to the effective date of this subchapter.
(Pub. L. 92-400, 2, Aug. 22, 1972, 86 Stat. 612.)
The Wilderness Act, referred to in subsec. (b), is Pub. L. 88-577,
Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally
to chapter 23 ( 1131 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1131 of this title and Tables.
The effective date of the Wilderness Act, referred to in subsec.
(b), means Sept. 3, 1964, the date of enactment of Pub. L. 88-577,
which enacted chapter 23 of this title.
The effective date of this subchapter, referred to in subsec. (b),
means Aug. 22, 1972, the date of enactment of Pub. L. 92-400, which
enacted this subchapter.
16 USC 460aa-2. Acquisition of land
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; manner; limitation; ''scenic
easement'' defined
Except as provided in section 460aa-3 of this title, the Secretary is
authorized to acquire by donation, purchase with donated or appropriated
funds, exchange, bequest, or otherwise any lands, or lesser interests
therein, including mineral interests and scenic easements, which he
determines are needed for the purposes of this subchapter: Provided,
That acquisitions of lands or interests therein for access to and
utilization of public property, and for recreation and other facilities,
shall not exceed five per centum of the total acreage of all private
property within the recreation area as of August 22, 1972.
As used in this subchapter the term ''scenic easement'' means the
right to control the use of land in order to protect the esthetic values
for the purposes of this subchapter, but shall not preclude the
continuation of any use exercised by the owner as of August 22, 1972.
(b) Offers of land; hardship from acquisition delays
In exercising this authority to acquire lands, the Secretary shall
give prompt and careful consideration to any offer made by an individual
owning any land, or interest in land, within the boundaries described in
section 460aa(b) of this title. In considering such offer, the
Secretary shall take into consideration any hardship to the owner which
might result from any undue delay in acquiring his property.
(c) Condemnation proceedings
The Secretary may utilize condemnation proceedings without the
consent of the owner to acquire private lands or interests therein
pursuant to this section only in cases where, in his judgment, all
reasonable efforts to acquire such lands or interests therein by
negotiation have failed, and in such cases he shall acquire only such
title as, in his judgment, is reasonably necessary to accomplish the
objectives of this subchapter.
(d) Exchange of property; cash equalization payments
In exercising his authority to acquire property by exchange, the
Secretary may accept title to any non-Federal property, or interests
therein, located within the recreation area and, notwithstanding any
other provision of law, he may convey in exchange therefor any federally
owned property within the State of Idaho which he classifies as suitable
for exchange and which is under his administrative jurisdiction. The
values of the properties so exchanged shall be approximately equal or,
if they are not approximately equal, they shall be equalized by the
payment of cash to the grantor or to the Secretary as the circumstances
require. In the exercise of his exchange authority, the Secretary may
utilize authorities and procedures available to him in connection with
exchanges of national forest lands.
(e) Mineral interests
Nothing in this subchapter shall be construed as limiting the
authority of the Secretary to acquire mineral interests in lands within
the recreation area, with or without the consent of the owner. Upon
acquisition of any such interest, the lands and/or minerals covered by
such interest are by this subchapter withdrawn from entry or
appropriation under the United States mining laws and from disposition
under all laws pertaining to mineral leasing and all amendments thereto.
(f) State lands
Any land or interest in land owned by the State of Idaho or any of
its political subdivisions may be acquired only by donation or exchange.
(g) Transfer from Federal agency to administrative jurisdiction of
Secretary
Notwithstanding any other provision of law, any Federal property
located within the recreation area may, with the concurrence of the
agency having custody thereof, be transferred without consideration to
the administrative jurisdiction of the Secretary for use by him in
carrying out the purposes of this subchapter. Lands acquired by the
Secretary or transferred to his administrative jurisdiction within the
recreation area shall become parts of the recreation area and of the
national forest within or adjacent to which they are located.
(h) Condemnation authority
Except as otherwise provided, the Secretary shall have the authority
to use condemnation as a means of acquiring a clear and marketable
title, free of any and all encumbrances.
(Pub. L. 92-400, 3, Aug. 22, 1972, 86 Stat. 612.)
The United States mining laws, referred to in subsec. (e), are
classified generally to Title 30, Mineral Lands and Mining.
16 USC 460aa-3. Private land, regulations
TITLE 16 -- CONSERVATION
(a) Use, subdivision and development standards; detail and
specificity; land differences; amendment; promulgation; civil
actions: jurisdiction, complaint, declaratory judgment
The Secretary shall make and publish regulations setting standards
for the use, subdivision, and development of privately owned property
within the boundaries of the recreation area. Such regulations shall be
generally in furtherance of the purposes of this subchapter and shall
have the object of assuring that the highest and best private use,
subdivision, and development of such privately owned property is
consistent with the purposes of this subchapter and with the overall
general plan of the recreation area. Such regulations shall be as
detailed and specific as is reasonably required to accomplish such
objective and purpose. Such regulations may differ amongst the several
parcels of private land in the boundaries and may from time to time be
amended by the Secretary. All regulations adopted under this section
shall be promulgated in conformity with the provisions of subchapter II
of chapter 5, and chapter 7, of title 5. The United States District
Court for the District of Idaho shall have jurisdiction to review any
regulations established pursuant to the first sentence of this
subsection, upon a complaint filed within six months after the effective
date of such regulations, by any affected landowner in an action for a
declaratory judgment.
(b) Condemnation restriction; acquisitions limitation
After publication of such regulations, no privately owned lands shall
be acquired by the Secretary by condemnation unless he determines, in
his judgment, that such lands are being used, or are in imminent danger
of being used, in a manner incompatible with the regulations established
pursuant to this section or unless such lands are determined to be
necessary for access or development, in which case such acquisitions
shall be subject to the 5 per centum limitation established in section
460aa-2(a) of this title.
(Pub. L. 92-400, 4, Aug. 22, 1972, 86 Stat. 613.)
In subsec. (a), ''subchapter II of chapter 5, and chapter 7, of
title 5'' was substituted for ''the Administrative Procedure Act'' on
authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees.
16 USC 460aa-4. Administrative determination of suitability for
designation as wilderness areas
TITLE 16 -- CONSERVATION
The Secretary shall, as soon as practicable after August 22, 1972,
review the undeveloped and unimproved portion or portions of the
recreation area as to suitability or nonsuitability for preservation as
a part of the National Wilderness Preservation System. In conducting
his review, the Secretary shall comply with the provisions of section
1132(d) of this title, relating to public notice, public hearings, and
review by State and other agencies, and shall advise the Senate and
House of Representatives of his recommendations with respect to the
designation as wilderness of the area or areas reviewed.
(Pub. L. 92-400, 5, Aug. 22, 1972, 86 Stat. 614.)
16 USC 460aa-5. Cooperation with other agencies in development and
operation of facilities and services; Stanley, restoration
TITLE 16 -- CONSERVATION
The Secretary may cooperate with other Federal agencies, with State
and local public agencies, and with private individuals and agencies in
the development and operation of facilities and services in the area in
furtherance of the purposes of this subchapter, including, but not
limited to, the restoration and maintenance of the historic setting and
background of the frontier ranch-type town of Stanley.
(Pub. L. 92-400, 6, Aug. 22, 1972, 86 Stat. 614.)
16 USC 460aa-6. State civil and criminal jurisdiction
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall diminish, enlarge, or modify any
right of the State of Idaho, or any political subdivision thereof, to
exercise civil and criminal jurisdiction within the recreation area or
of rights to tax persons, corporations, franchises, or property,
including mineral or other interests, in or on lands or waters within
the recreation area.
(Pub. L. 92-400, 7, Aug. 22, 1972, 86 Stat. 614.)
16 USC 460aa-7. Hunting and fishing regulations
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting and fishing on lands and waters
under his jurisdiction within the boundaries of the recreation area in
accordance with applicable laws of the United States and the State of
Idaho, except that the Secretary may designate zones where, and
establish periods when, no hunting or fishing shall be permitted for
reasons of public safety, administration, or public use and enjoyment.
Except in emergencies, any regulations of the Secretary pursuant to this
section shall be put into effect only after consultation with the
appropriate State fish and game department.
(Pub. L. 92-400, 8, Aug. 22, 1972, 86 Stat. 614.)
16 USC 460aa-8. Federal-State water rights
TITLE 16 -- CONSERVATION
The jurisdiction of the State and the United States over waters of
any stream included in the recreation area shall be determined by
established principles of law. Under the provisions of this subchapter,
any taking by the United States of a water right which is vested under
either State or Federal law at the time of enactment of this subchapter
shall entitle the owner thereof to just compensation. Nothing in this
subchapter shall constitute an express or implied claim or denial on the
part of the Federal Government as to exemption from State water laws.
(Pub. L. 92-400, 9, Aug. 22, 1972, 86 Stat. 614.)
Time of enactment of this subchapter, referred to in text, means Aug.
22, 1972, the date of enactment of Pub. L. 92-400, which enacted this
subchapter.
16 USC 460aa-9. Mining restriction; Federal lands withdrawn from
location, entry, and patent under United States mining laws
TITLE 16 -- CONSERVATION
Subject to valid existing rights, all Federal lands located in the
recreation area are hereby withdrawn from all forms of location, entry,
and patent under the mining laws of the United States.
(Pub. L. 92-400, 10, Aug. 22, 1972, 86 Stat. 614.)
The mining laws of the United States, referred to in text, are
classified generally to Title 30, Mineral Lands and Mining.
16 USC 460aa-10. Land surface protection; regulations
TITLE 16 -- CONSERVATION
The Congress hereby recognizes and declares the need to take action
to regulate the use of, and protect the surface values of, the Federal
lands in the recreation area, and directs that rules and regulations
necessary to carry out this section shall be promulgated and issued by
the Secretary of Agriculture after consultation with the Secretary of
the Interior. Such regulations shall include, when deemed necessary,
provisions for control of the use of motorized and mechanical equipment
for transportation over, or alteration of, the surface of such Federal
land in connection with any authorized activities on such land,
including but not limited to mineral prospecting, exploration, or
development operations.
(Pub. L. 92-400, 11, Aug. 22, 1972, 86 Stat. 614.)
16 USC 460aa-11. Patents; restriction on issuance
TITLE 16 -- CONSERVATION
Patents shall not hereafter be issued for locations and claims
heretofore made in the recreation area under the mining laws of the
United States.
(Pub. L. 92-400, 12, Aug. 22, 1972, 86 Stat. 615.)
The mining laws of the United States, referred to in text, are
classified generally to Title 30, Mineral Lands and Mining.
16 USC 460aa-12. Authorization of appropriations; availability of land
and water conservation fund money
TITLE 16 -- CONSERVATION
There are authorized to be appropriated for the purposes of this
subchapter not more than $47,802,000 for the acquisition of lands and
interests in lands and not more than $26,241,000 for development. Money
appropriated from the land and water conservation fund shall be
available for the acquisition of lands, waters, and interests therein
within the recreation area.
(Pub. L. 92-400, 13, Aug. 22, 1972, 86 Stat. 615; Pub. L. 95-625,
title II, 202, Nov. 10, 1978, 92 Stat. 3473.)
1978 -- Pub. L. 95-625 increased land acquisition appropriations
authorization to $47,802,000 from $19,802,000.
16 USC 460aa-13. Area analysis for park or park administrative unit
proposal
TITLE 16 -- CONSERVATION
(a) Report to Congress
The Secretary of the Interior, in consultation with appropriate
Federal, State, and local agencies, shall make a comprehensive analysis
of the natural, economic, and cultural values of the recreation area and
the adjacent Pioneer Mountains for the purpose of evaluating the
potentiality of establishing therein a national park or other unit of
the national park system. He shall submit a report of the results of
the analysis along with his recommendations to the Congress by December
31, 1974.
(b) Considerations manifested in report to Congress
His report shall show that in making the aforesaid recommendations he
took into consideration, among other things --
(1) the feasible alternative uses of the land and the long- and
short-term effect of such alternative uses upon, but not limited to, the
following --
(A) the State and local economy,
(B) the natural and cultural environment,
(C) the management and use of water resources,
(D) the management of grazing, timber, mineral, and other commercial
activities,
(E) the management of fish and wildlife resources,
(F) the continued occupancy of existing homesites, campsites,
commercial and public recreation enterprises, and other privately owned
properties and the future development of the same,
(G) the interrelation between recreation areas, wilderness areas and
park lands, and
(2) the establishment of a national park in the mountain peaks and
upland areas together with such portions of the national recreation area
as may be necessary and appropriate for the proper administration and
public use of and access to such parks lands, leaving the valleys and
low-lying lands available for multiple-use purposes.
(c) Master plan, cost estimates and proposed legislation for
establishment of park administrative unit
Any recommendation for the establishment of a unit of the national
park system shall be accompanied by (1) a master plan for the
development and administration of such unit, indicating proposed
boundaries, access or other roads, visitor facilities, and proposed
management concepts applicable to such unit; (2) a statement of the
estimated Federal cost for acquisition, development, and operation of
such unit; and (3) proposed legislation for establishment of such park
administrative unit.
(d) Authorization of appropriations
There are authorized to be appropriated not more than $50,000 to
carry out the provisions of this section.
(Pub. L. 92-400, 14, Aug. 22, 1972, 86 Stat. 615.)
16 USC 460aa-14. Separability
TITLE 16 -- CONSERVATION
If any provision of this subchapter is declared to be invalid, such
declaration shall not affect the validity of any other provision of this
subchapter.
(Pub. L. 92-400, 15, Aug. 22, 1972, 86 Stat. 615.)
16 USC SUBCHAPTER LXXXVI -- GOLDEN GATE NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460bb. Establishment of recreation area
TITLE 16 -- CONSERVATION
In order to preserve for public use and enjoyment certain areas of
Marin and San Francisco Counties, California, possessing outstanding
natural, historic, scenic, and recreational values, and in order to
provide for the maintenance of needed recreational open space necessary
to urban environment and planning, the Golden Gate National Recreation
Area (hereinafter referred to as the ''recreation area'') is hereby
established. In the management of the recreation area, the Secretary of
the Interior (hereinafter referred to as the ''Secretary'') shall
utilize the resources in a manner which will provide for recreation and
educational opportunities consistent with sound principles of land use
planning and management. In carrying out the provisions of this
subchapter, the Secretary shall preserve the recreation area, as far as
possible, in its natural setting, and protect it from development and
uses which would destroy the scenic beauty and natural character of the
area.
(Pub. L. 92-589, 1, Oct. 27, 1972, 86 Stat. 1299.)
16 USC 460bb-1. Composition and boundaries
TITLE 16 -- CONSERVATION
(a) Areas included and excluded
The recreation area shall comprise the lands, waters, and submerged
lands generally depicted on the map entitled: ''Revised Boundary Map,
Golden Gate National Recreation Area'', numbered NRA-GG-80,003-K and
dated October 1978, plus those areas depicted on the map entitled
''Point Reyes and GGNRA Amendments and dated October 25, 1979''. The
authority of the Secretary to acquire lands in the tract known as San
Francisco Assessor's Block number 1592 shall be limited to an area of
not more than one and nine-tenths acres. Notwithstanding any other
provision of this subchapter, the Secretary shall not acquire the Marin
County Assessor's parcels numbered 199-181-01, 199-181-06, 199-181-08,
199-181-13, and 199-181-14, located in the Muir Beach portion of the
recreation area. For the purposes of this subchapter, the southern end
of the town of Marshall shall be considered to be the Marshall Boat
Works. The following additional lands are also hereby included within
the boundaries of the recreation area: Marin County Assessor's parcel
numbered 119-040-04, 119-040-05, 119-040-18, 166-202-03, 166-010-06,
166-010-07, 166-010-24, 166-010-25, 119-240-19, 166-010-10, 166-010-22,
119-240-03, 119-240-51, 119-240-52, 119-240-54, 166-010-12, 166-010-13,
and 119-235-10. The recreation area shall also include the lands and
waters in San Mateo County generally depicted on the map entitled
''Sweeney Ridge Addition, Golden Gate National Recreation Area'',
numbered NRA GG-80,000-A, and dated May 1980.
(b) Boundary revisions; notification of Congressional committees;
publication in Federal Register
The maps referred to in this section shall be on file and available
for public inspection in the Offices of the National Park Service,
Department of the Interior, Washington, District of Columbia. After
advising the Committees on Interior and Insular Affairs of the United
States House of Representatives and the United States Senate
(hereinafter referred to as the ''committees'') in writing, the
Secretary may make minor revisions of the boundaries of the recreation
area when necessary by publication of a revised drawing or other
boundary description in the Federal Register.
(Pub. L. 92-589, 2, Oct. 27, 1972, 86 Stat. 1299; Pub. L. 93-544,
Dec. 26, 1974, 88 Stat. 1741; Pub. L. 95-625, title III, 317(a), Nov.
10, 1978, 92 Stat. 3484; Pub. L. 96-199, title I, 103(a), Mar. 5, 1980,
94 Stat. 68; Pub. L. 96-344, 4(1), Sept. 8, 1980, 94 Stat. 1134; Pub.
L. 96-607, title X, 1001(1), (2), Dec. 28, 1980, 94 Stat. 3544.)
1980 -- Subsec. (a). Pub. L. 96-607, 1001(1), included within the
recreation area the lands and waters in San Mateo County depicted on the
map entitled Sweeney Ridge Addition, Golden Gate National Recreation
Area, numbered NRA GG-80,000-A, dated May 1980.
Pub. L. 96-344 designated the southern end of the town of Marshall as
the Marshall Boat Works and specified additional lands to be included
within the boundaries of the recreation area.
Pub. L. 96-199 inserted '', plus those areas depicted on the map
entitled 'Point Reyes and GGNRA Amendments and dated October 25, 1979'''
after ''and dated October 1978''.
Subsec. (b). Pub. L. 96-607, 1001(2), substituted ''maps'' for
''map''.
1978 -- Subsec. (a). Pub. L. 95-625 substituted as a description of
the recreation area the lands, etc., generally depicted on Revised
Boundary Map, Golden Gate National Recreation Area, numbered
NRA-GG-80,003-K and dated October 1978 for prior such depiction on
predecessor Boundary Map numbered NRA-GG-80,003-G, and dated September
1974; limited amount of acquisition in the tract known as San Francisco
Assessor's Block number 1592; prohibited acquisition of Marin County
Assessor's parcels located in the Muir Beach area; and deleted
provisions including certain Marin and San Francisco County properties
and excluding certain Marin County properties.
1974 -- Subsec. (a). Pub. L. 93-544 substituted the Revised Boundary
Map numbered NRA-GG-80,003-G, dated September 1974, with a list of
additional properties for the Boundary Map numbered NRA-GG-80,003A,
sheets 1 through 3, dated July 1972, as the description of the land
comprising the recreation area.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
16 USC 460bb-2. Acquisition policy
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; exchange of property; disposal of
certain lands; transfer from Federal agency to administrative
jurisdiction of Secretary; facilities and improvements under permit
from Secretary of the Army
Within the boundaries of the recreation area, the Secretary may
acquire lands, improvements, waters, or interests therein, by donation,
purchase, exchange or transfer. Any lands, or interests therein, owned
by the State of California or any political subdivision thereof, may be
acquired only by donation. When any tract of land is only partly within
such boundaries, the Secretary may acquire all or any portion of the
land outside of such boundaries in order to minimize the payment of
severance costs. Land so acquired outside of the boundaries may be
exchanged by the Secretary for non-Federal lands within the boundaries.
Any portion of land acquired outside the boundaries and not utilized for
exchange shall be reported to the General Services Administration for
disposal under the Federal Property and Administrative Services Act of
1949, as amended (40 U.S.C. 471 et seq.): Provided, That no disposal
shall be for less than fair market value. Except as hereinafter
provided, Federal property within the boundaries of the recreation area
is hereby transferred without consideration to the administrative
jurisdiction of the Secretary for the purposes of this subchapter,
subject to the continuation of such existing uses as may be agreed upon
between the Secretary and the head of the agency formerly having
jurisdiction over the property. Notwithstanding any other provision of
law, the Secretary may develop and administer for the purposes of this
subchapter structures or other improvements and facilities on lands for
which he receives a permit of use and occupancy from the Secretary of
the Army.
(b) Transfer of certain properties to administrative jurisdiction of
Secretary; military properties, reservation of use and occupancy by
Secretary of the Army; radio receiver station, retention of
jurisdiction when not superfluous
Fort Cronkhite, Fort Barry, and the westerly one-half of Fort Baker,
in Marin County, California, as depicted on the map entitled ''Golden
Gate Military Properties'' numbered NRAGG-20,002 and dated January 1972,
which shall be on file and available for public inspection in the
offices of the National Park Service, are hereby transferred to the
jurisdiction of the Secretary for purposes of this subchapter, subject
to continued use and occupancy by the Secretary of the Army of those
lands needed for existing air defense missions, reserve activities and
family housing, until he determines that such requirements no longer
exist. The Coast Guard Radio Receiver Station, shall remain under the
jurisdiction of the Secretary of the Department in which the Coast Guard
is operating. When this station is determined to be excess to the needs
of the Coast Guard, it shall be transferred to the jurisdiction of the
Secretary for purposes of this subchapter.
(c) Military property; public service facilities: construction,
maintenance, and determinations of identity and location by Secretary of
the Army
The easterly one-half of Fort Baker in Marin County, California,
shall remain under the jurisdiction of the Department of the Army. When
this property is determined by the Department of Defense to be excess to
its needs, it shall be transferred to the jurisdiction of the Secretary
for purposes of this subchapter. The Secretary of the Army shall grant
to the Secretary reasonable public access through such property to
Horseshoe Bay, together with the right to construct and maintain such
public service facilities as are necessary for the purposes of this
subchapter. The precise facilities and location thereof shall be
determined between the Secretary and the Secretary of the Army.
(d) Presidio of San Francisco; use and occupation of certain acreage
by Secretary
Upon enactment, the Secretary of the Army shall grant to the
Secretary the irrevocable use and occupancy of one hundred acres of the
Baker Beach area of the Presidio of San Francisco, as depicted on the
map referred to in subsection (b) of this section.
(e) Use and occupancy of airfield acreage by Secretary
The Secretary of the Army shall grant to the Secretary within a
reasonable time, the irrevocable use and occupancy of forty-five acres
of the Crissy Army Airfield of the Presidio, as depicted on the map
referred to in subsection (b) of this section.
(f) Transfer of remainder to administrative jurisdiction of
Secretary; use and occupancy by Coast Guard under permit from Secretary
When all or any substantial portion of the remainder of the Presidio
is determined by the Department of Defense to be excess to its needs,
such lands shall be transferred to the jurisdiction of the Secretary for
purposes of this subchapter. The Secretary shall grant a permit for
continued use and occupancy for that portion of said Fort Point Coast
Guard Station necessary for activities of the Coast Guard.
(g) Transfer of certain Coast Guard properties to administrative
jurisdiction of Secretary; navigational aids: maintenance and
operation by Coast Guard and plans for access to new installations
Point Bonita, Point Diablo, Point Montara, and Lime Point shall
remain under the jurisdiction of the Secretary of the Department in
which the Coast Guard is operating. When this property is determined to
be excess to the needs of the Coast Guard, it shall be transferred to
the jurisdiction of the Secretary for purposes of this subchapter. The
Coast Guard may continue to maintain and operate existing navigational
aids: Provided, That access to such navigational aids and the
installation of necessary new navigational aids within the recreation
area shall be undertaken in accordance with plans which are mutually
acceptable to the Secretary and the Secretary of the Department in which
the Coast Guard is operating and which are consistent with both the
purposes of this subchapter and the purpose of existing statutes dealing
with establishment, maintenance, and operation of navigational aids.
(h) Transfer of certain property of Navy Department to administrative
jurisdiction of Secretary
That portion of Fort Miley comprising approximately one and
seven-tenths acres of land presently used and required by the Secretary
of the Navy for its inshore, underseas warfare installations shall
remain under the administrative jurisdiction of the Department of the
Navy until such time as all or any portion thereof is determined by the
Department of Defense to be excess to its needs, at which time such
excess portion shall be transferred to the administrative jurisdiction
of the Secretary for purposes of this subchapter. That property known
as the Pillar Point Military Reservation, under the jurisdiction of the
Secretary of Defense shall be transferred to the administrative
jurisdiction of the Secretary at such time as the property, or any
portion thereof, becomes excess to the needs of the Department of
Defense.
(i) New construction; limitation; notice and public hearing;
exceptions
New construction and development within the boundaries described in
section 460bb-1(a) of this title on lands under the administrative
jurisdiction of a department other than that of the Secretary is
prohibited, except that improvements on lands which have not been
transferred to his administrative jurisdiction may be reconstructed or
demolished. Any such structure which is demolished may be replaced with
an improvement of similar size, following consultation with the
Secretary or his designated representative, who shall conduct a public
hearing at a location in the general vicinity of the area, notice of
which shall be given at least one week prior to the date thereof. The
foregoing limitation on construction and development shall not apply to
expansion of those facilities known as Letterman General Hospital or the
Western Medical Institute of Research.
(j) Owner's reservation of right of use and occupancy for residential
purposes for fixed term of years or for life; election by owner;
adjustment of compensation; termination of use and occupancy
inconsistent with statutory purposes and upon tender of sum for
unexpired right; lease of Federal lands: restrictive covenants, offer
to prior owner or leaseholder
The owner of improved residential property or of agricultural
property on the date of its acquisition by the Secretary under this
subchapter may, as a condition of such acquisition, retain for himself
and his or her heirs and assigns a right of use and occupancy for a
definite term of not more than twenty-five years, or, in lieu thereof,
for a term ending at the death of the owner or the death of his or her
spouse, whichever is later. The owner shall elect the term to be
reserved. Unless the property is wholly or partly donated to the United
States, the Secretary shall pay to the owner the fair market value of
the property on the date of acquisition minus the fair market value on
that date of the right retained by the owner. A right retained pursuant
to this section shall be subject to termination by the Secretary upon
his or her determination that it is being exercised in a manner
inconsistent with the purposes of this subchapter, and it shall
terminate by operation of law upon the Secretary's notifying the holder
of the right of such determination and tendering to him or her an amount
equal to the fair market value of that portion of the right which
remains unexpired. Where appropriate in the discretion of the
Secretary, he or she may lease federally owned land (or any interest
therein) which has been acquired by the Secretary under this subchapter,
and which was agricultural land prior to its acquisition. Such lease
shall be subject to such restrictive covenants as may be necessary to
carry out the purposes of this subchapter. Any land to be leased by the
Secretary under this section shall be offered first for such lease to
the person who owned such land or who was a leaseholder thereon
immediately before its acquisition by the United States.
(k) ''Improved and agricultural property'' defined
The term ''improved property'', as used in subsection (j) of this
section, means a detached, noncommercial residential dwelling, the
construction of which was begun before June 1, 1971, or, in the case of
areas added by action of the Ninety-fifth Congress, October 1, 1978,
together with so much of the land on which the dwelling is situated, the
said land being in the same ownership as dwelling, as the Secretary
shall designate to be reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial residential use, together
with any structures accessory to the dwelling which are situated on the
land so designated. The term ''agricultural property'' as used in this
subchapter means lands which are in regular use for agricultural,
ranching, or dairying purposes as of January 1, 1978, together with
residential and other structures related to the above uses of the
property as such structures exist on said date.
(l) Relocation assistance benefits and rights; waiver through
retention of right of use and occupancy; displaced person status of
owner
Whenever an owner of property elects to retain a right of use and
occupancy as provided for in this subchapter, such owner shall be deemed
to have waived any benefits or rights accruing under sections 4623,
4624, 4625, and 4626 of title 42, and for the purposes of those sections
such owner shall not be considered a displaced person as defined in
section 4601(6) of title 42.
(m) Acquisition of land; contract authority; installment payments;
interest rate; provisions applicable to judgments against United States
Notwithstanding any other provision of law, the Secretary shall have
the same authority with respect to contracts for the acquisition of land
and interests in land for the purposes of this subchapter as was given
the Secretary of the Treasury for other land acquisitions by section 261
of title 40 relating to purchase of sites for public buildings, and the
Secretary and the owner of land to be acquired under this subchapter may
agree that the purchase price will be paid in periodic installments over
a period that does not exceed ten years, with interest on the unpaid
balance thereof at a rate which is not in excess of the current average
market yield on outstanding marketable obligations of the United States
with remaining periods to maturity comparable to the average maturities
on the installments. Judgments against the United States for amounts in
excess of the deposit in court made in condemnation actions shall be
subject to the provisions of section 1304 of title 31 and sections 2414
and 2517 of title 28.
(n) Management of State donated lands
The Secretary shall accept and shall manage in accordance with this
subchapter, any land and improvements adjacent to the recreation area
which are donated by the State of California or its political
subdivisions. The boundaries of the recreation area shall be changed to
include such donated lands.
(o) Payment deferral; scheduling; interest rate
In acquiring those lands authorized by the Ninety-fifth Congress for
the purposes of this subchapter, the Secretary may, when agreed upon by
the landowner involved, defer payment or schedule payments over a period
of ten years and pay interest on the unpaid balance at a rate not
exceeding that paid by the Treasury of the United States for borrowing
purposes.
(p) San Francisco water department property; scenic and recreational
easement
With reference to those lands known as the San Francisco water
department property shown on map numbered NRA GG-80,000-A, the Secretary
shall administer such land in accordance with the provisions of the
documents entitled ''Grant of Scenic Easement'', and ''Grant of Scenic
and Recreational Easement'', both executed on January 15, 1969, between
the city and county of San Francisco and the United States, including
such amendments to the subject document as may be agreed to by the
affected parties subsequent to December 28, 1980. The Secretary is
authorized to seek appropriate agreements needed to establish a trail
within this property and connecting with a suitable beach unit under the
jurisdiction of the Secretary.
(Pub. L. 92-589, 3, Oct. 27, 1972, 86 Stat. 1299; Pub. L. 95-625,
title III, 317(b)-(e), Nov. 10, 1978, 92 Stat. 3485; Pub. L. 96-607,
title X, 1001(3)-(5), Dec. 28, 1980, 94 Stat. 3544.)
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Provisions of that act relating to disposal of
Government property are classified to chapter 10 ( 471 et seq.) of Title
40, Public Buildings, Property, and Works. For complete classification
of this Act to the Code, see Short Title note set out under section 471
of Title 40 and Tables.
Upon enactment, referred to in subsec. (d), probably means the date
of enactment of this subchapter by Pub. L. 92-589, which was Oct. 27,
1972.
In subsec. (m), ''section 1304 of title 31'' substituted for ''the
Act of July 27, 1956 (70 Stat. 624) (31 U.S.C. 724a)'' on authority of
Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067, the first
section of which enacted Title 31, Money and Finance.
1980 -- Subsec. (g). Pub. L. 96-607, 1001(3), inserted reference to
Point Montara.
Subsec. (h). Pub. L. 96-607, 1001(4), transferred to the jurisdiction
of the Secretary the Pillar Point Military Reservation at such time as
the property, or any portion thereof, becomes excess to the needs of the
Department of Defense.
Subsec. (p). Pub. L. 96-607, 1001(5), added subsec. (p).
1978 -- Subsec. (i). Pub. L. 95-625, 317(b), in revising the text,
substituted provision prohibiting new construction and development in
the recreation area on lands under the administrative jurisdiction of a
department other than that of the Secretary but authorized
reconstruction or demolition of improvements upon the nontransferred
lands of such agency after consultations with the Secretary and upon
notice and hearing for prior provision limited to new construction and
development on property under administrative jurisdiction of the
Department of the Army required to accommodate facilities being
relocated from property being transferred to administrative jurisdiction
of the Secretary or directly related to the essential missions of the
Sixth United States Army.
Subsec. (j). Pub. L. 95-625, 317(c), substituted provision making the
subsection applicable to improved residential property and agricultural
property for prior provision for application to improved property of a
noncommercial residential nature and authorized lease of Federally-owned
lands, subject to restrictive covenants, with first offer to prior owner
or leaseholder.
Subsec. (k). Pub. L. 95-625, 317(d), defined ''improved property'' to
include residential dwelling, the construction of which was begun, in
the case of areas added by action of the Ninety-fifth Congress, October
1, 1978, and included definition of ''agricultural property''.
Subsecs. (n), (o). Pub. L. 95-625, 317(e), added subsecs. (n) and
(o).
16 USC 460bb-3. Administration
TITLE 16 -- CONSERVATION
(a) Provisions applicable; utilization of authorities for
conservation and management of wildlife and natural resources;
provisions applicable to Muir Woods National Monument and Fort Point
National Historic Site
The Secretary shall administer the lands, waters and interests
therein acquired for the recreation area in accordance with the
provisions of sections 1 and 2 to 4 of this title, as amended and
supplemented, and the Secretary may utilize such statutory authority
available to him for the conservation and management of wildlife and
natural resources as he deems appropriate to carry out the purposes of
this subchapter. Notwithstanding their inclusion within the boundaries
of the recreation area, the Muir Woods National Monument and Fort Point
National Historic Site shall continue to be administered as distinct and
identifiable units of the national park system in accordance with the
laws applicable to such monument and historic site.
(b) Federal-State cooperative agreements for police and fire
protection
The Secretary may enter into cooperative agreements with any Federal
agency, the State of California, or any political subdivision thereof,
for the rendering, on a reimbursable basis, of rescue, firefighting, and
law enforcement and fire preventive assistance.
(c) Water resource developments
The authority of the Army to undertake or contribute to water
resource developments, including shore erosion control, beach
protection, and navigation improvements on land and/or waters within the
recreation area shall be exercised in accordance with plans which are
mutually acceptable to the Secretary and the Secretary of the Army and
which are consistent with both the purpose of this subchapter and the
purpose of existing statutes dealing with water and related resource
development.
(d) Transportation system; study for coordinated public and private
system
The Secretary, in cooperation with the State of California and
affected political subdivisions thereof, local and regional transit
agencies, and the Secretaries of Transportation and of the Army, shall
make a study for a coordinated public and private transportation system
to and within the recreation area and other units of the national park
system in Marin and San Francisco Counties.
(e) Fees or admission charges
No fees or admission charges shall be levied for admission of the
general public to the recreation area except to portions under lease or
permit for a particular and limited purpose authorized by the Secretary.
The Secretary may authorize reasonable charges for public
transportation and for admission to the sailing vessel Balclutha and
other historic vessels of the National Maritime Museum.
(f) Certain rental proceeds; crediting; management contract
Notwithstanding any other provisions of law, in the administration of
those parcels of property known as Haslett Warehouse, Cliff House
Properties and Louis' Restaurant, the Secretary shall credit any
proceeds from the rental of space in the aforementioned properties to
the appropriation, if any, bearing the cost of their administration,
maintenance, repair and related expenses and also for the maintenance,
repair and related expenses of the vessels and the adjacent piers
comprising the San Francisco Maritime National Historical Park, and for
major renovation and park rehabilitation of those buildings included in
the Fort Mason Foundation Cooperative Agreement: Provided, That surplus
funds, if any, will be deposited into the Treasury of the United States:
Provided further, That notwithstanding any other provision of law, in
the administration of said parcels and of the AFDL-38 Drydock or other
vessels or heavy marine equipment, the Secretary may, if he deems
appropriate, enter into a contract for the management (including rental
or lease) of said properties with such terms and conditions as will
protect the Government's interest, with excess funds being used as set
forth above.
(Pub. L. 92-589, 4, Oct. 27, 1972, 86 Stat. 1302; Pub. L. 95-625,
title III, 317(f), Nov. 10, 1978, 92 Stat. 3486; Pub. L. 99-395, 1, 2(
a), Aug. 27, 1986, 100 Stat. 836; Pub. L. 100-348, 6, June 27, 1988,
102 Stat. 657.)
1988 -- Subsec. (f). Pub. L. 100-348 substituted ''San Francisco
Maritime National Historical Park'' for ''National Maritime Museum''.
1986 -- Subsec. (e). Pub. L. 99-395, 2(a), substituted ''and for
admission to the sailing vessel Balclutha and other historic vessels of
the National Maritime Museum'' for ''and, for a period not exceeding
five years from November 10, 1978, for admission to the sailing vessel
Balclutha''.
Subsec. (f). Pub. L. 99-395, 1, struck out provision which had
included a coordinated public and private access system to and within
the recreation area and other units of the national park system in Marin
and San Francisco Counties among the allowable uses to which rental
proceeds from Haslett Warehouse, Cliff House Properties and Louis'
Restaurant were to be put, inserted in second proviso a reference to the
administration of the AFDL-38 Drydock and other vessels or heavy marine
equipment, and inserted parenthetical in second proviso to include
rental or lease of properties under management contracts into which the
Secretary may enter.
1978 -- Subsecs. (e), (f). Pub. L. 95-625 added subsecs. (e) and
(f).
November 10, 1983
Section 2(b) of Pub. L. 99-395 provided that: ''Notwithstanding any
other provisions of law, moneys collected pursuant to section 4(e) of
the Act of October 27, 1972 (16 U.S.C. 460bb-3; 92 Stat. 3486), since
November 10, 1983, shall be deemed to have been collected in accordance
with such section as amended by this Act.''
16 USC 460bb-4. Golden Gate National Recreation Area Advisory
Commission
TITLE 16 -- CONSERVATION
(a) Establishment
There is hereby established the Golden Gate National Recreation Area
Advisory Commission (hereinafter referred to as the ''Commission'').
(b) Membership; appointment; term of office
The Commission shall be composed of eighteen members appointed by the
Secretary for terms of five years each. /1/ Provided, That the terms of
those members who have been either appointed or reappointed subsequent
to January 1, 1979, shall be extended so as to expire not before June 1,
1985.
(c) Vacancies
Any vacancy in the Commission shall be filled in the same manner in
which the original appointment was made.
(d) Compensation and expenses; vouchers
Members of the Commission shall serve without compensation, as such,
but the Secretary may pay, upon vouchers signed by the Chairman, the
expenses reasonably incurred by the Commission and its members in
carrying out their responsibilities under this subchapter.
(e) Consultations of Secretary with members
The Secretary, or his designee, shall from time to time, but at least
annually, meet and consult with the Commission on general policies and
specific matters related to planning, administration and development
affecting the recreation area and other units of the national park
system in Marin, San Mateo, and San Francisco Counties.
(f) Voting
The Commission shall act and advise by affirmative vote of a majority
of the members thereof.
(g) Termination date
The Commission shall cease to exist twenty years after October 27,
1972.
(Pub. L. 92-589, 5, Oct. 27, 1972, 86 Stat. 1302; Pub. L. 95-625,
title III, 317(g), Nov. 10, 1978, 92 Stat. 3486; Pub. L. 96-344, 4( 2),
(3), Sept. 8, 1980, 94 Stat. 1134; Pub. L. 96-607, title X, 1001( 6),
(7), Dec. 28, 1980, 94 Stat. 3545.)
1980 -- Subsec. (b). Pub. L. 96-607, 1001(6), substituted
''eighteen'' for ''seventeen''.
Pub. L. 96-344, 4(2), substituted ''five'' for ''three'' and inserted
proviso that the terms of members appointed or reappointed subsequent to
Jan. 1, 1979, be extended so as not to expire before June 1, 1985.
Subsec. (e). Pub. L. 96-607, 1001(7), substituted ''Marin, San
Mateo,'' for ''Marin''.
Subsec. (g). Pub. L. 96-344, 4(3), substituted ''twenty'' for
''ten''.
1978 -- Subsec. (b). Pub. L. 95-625 increased Commission membership
from fifteen to seventeen.
/1/ So in original. The period probably should be a colon.
16 USC 460bb-5. Authorization of appropriations; limitation;
adjustments
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subchapter, but not more
than $61,610,000 plus $15,500,000 shall be appropriated for the
acquisition of lands and interests in lands. There are authorized to be
appropriated not more than $58,000,000 (May 1971 prices) for the
development of the recreation area, plus or minus such amounts, if any,
as may be justified by reason of ordinary fluctuations in construction
costs as indicated by engineering cost indices applicable to the type of
construction involved herein said total development ceiling to be
reduced by $10,000,000.
(Pub. L. 92-589, 6, Oct. 27, 1972, 86 Stat. 1303; Pub. L. 96-199,
title I, 103(b), Mar. 5, 1980, 94 Stat. 68.)
1980 -- Pub. L. 96-199 inserted ''plus $15,500,000'' after
''$61,610,000'' and ''said total development ceiling to be reduced by
$10,000,000'' after ''type of construction involved herein''.
16 USC SUBCHAPTER LXXXVII -- GATEWAY NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460cc. Establishment of recreation area
TITLE 16 -- CONSERVATION
In order to preserve and protect for the use and enjoyment of present
and future generations an area possessing outstanding natural and
recreational features, the Gateway National Recreation Area (hereinafter
referred to as the ''recreation area'') is hereby established.
(a) Composition and boundaries
The recreation area shall comprise the following lands, waters,
marshes, and submerged lands in the New York Harbor area generally
depicted on the map entitled ''Boundary Map, Gateway National Recreation
Area,'' numbered 951-40017 sheets 1 through 3 and dated May, 1972:
(1) Jamaica Bay Unit -- including all islands, marshes, hassocks,
submerged lands, and waters in Jamaica Bay, Floyd Bennett Field, the
lands generally located between highway route 27A and Jamaica Bay, and
the area of Jamaica Bay up to the shoreline of John F. Kennedy
International Airport;
(2) Breezy Point Unit -- the entire area between the eastern boundary
of Jacob Riis Park and the westernmost point of the peninsula;
(3) Sandy Hook Unit -- the entire area between Highway 36 Bridge and
the northernmost point of the peninsula;
(4) Staten Island Unit -- including Great Kills Park, Miller Field
(except for approximately 26 acres which are to be made available for
public school purposes), Fort Wadsworth, and the waterfront lands
located between the streets designated as Cedar Grove Avenue, Seaside
Boulevard, and Drury Avenue and the bay from Great Kills to Fort
Wadsworth;
(5) Hoffman and Swinburne Islands; and
(6) All submerged lands, islands, and waters within one-fourth of a
mile of the mean low water line of any waterfront area included above.
(b) Boundary revisions: notification of Congressional committees;
publication in Federal Register
The map referred to in this section shall be on file and available
for public inspection in the offices of the National Park Service,
Department of the Interior, Washington, District of Columbia. After
advising the Committees on Interior and Insular Affairs of the United
States House of Representatives and the United States Senate in writing,
the Secretary of the Interior (hereinafter referred to as the
''Secretary'') is authorized to make minor revisions of the boundaries
of the recreation area when necessary by publication of a revised
drawing or other boundary description in the Federal Register.
(Pub. L. 92-592, 1, Oct. 27, 1972, 86 Stat. 1308.)
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
Establishment as a Unit of the National Park System
and Administration as Unit of Gateway National
Recreation Area; Report to Congressional Committees;
Authorization of Appropriations
Pub. L. 96-442, 3, Oct. 13, 1980, 94 Stat. 1887, directed Secretary
of the Interior to conduct a study to determine appropriate measures for
protection, interpretation, and public use of natural wetlands and
undeveloped uplands of that portion of Hackensack Meadowlands District
identified as DeKorte State Park on official zoning maps of that
District, with Secretary to consult with and seek advice of,
representatives of interested local, State, and other Federal agencies,
to determine suitability and feasibility of establishing the area as a
unit of national park system, including its administration as a unit of
Gateway National Recreation Area, together with alternative measures
that could be undertaken to protect and interpret resources of area for
public, and not later than two complete fiscal years from Oct. 13,
1980, to transmit a report of the study, including estimated
development, operation, and maintenance costs of alternatives identified
therein, to Senate Committee on Energy and Natural Resources and
Committee on Interior and Insular Affairs of House of Representatives,
together with his recommendations for such further legislation as may be
appropriate, and authorized to be appropriated from amounts previously
authorized to study lands for possible inclusion in national park system
not to exceed $150,000 to carry out provisions of this Act.
16 USC 460cc-1. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; donation of State lands
Within the boundaries of the recreation area, the Secretary may
acquire lands and waters or interests therein by donation, purchase or
exchange, except that lands owned by the States of New York or New
Jersey or any political subdivisions thereof may be acquired only by
donation.
(b) Transfer from Federal agency to administrative jurisdiction of
Secretary
With the concurrence of the agency having custody thereof, any
Federal property within the boundaries of the recreation area may be
transferred, without consideration, to the administrative jurisdiction
of the Secretary for administration as a part of the recreation area.
(c) Breezy Point Unit; public use and access; agreement for use of
lands for single-family residential community; specific provisions;
Rockaway parking lot conveyance
Within the Breezy Point Unit, (1) the Secretary shall acquire an
adequate interest in the area depicted on the map referred to in section
460cc of this title to assure the public use of and access to the entire
beach. The Secretary may enter into an agreement with any property
owner or owners to assure the continued maintenance and use of all
remaining lands in private ownership as a residential community composed
of single-family dwellings. Any such agreement shall be irrevocable,
unless terminated by mutual agreement, and shall specify, among other
things:
(A) that the Secretary may designate, establish and maintain a buffer
zone on Federal lands separating the public use area and the private
community;
(B) that all construction commencing within the community, including
the conversion of dwellings from seasonal to year-round residences,
shall comply with standards to be established by the Secretary;
(C) that additional commercial establishments shall be permitted only
with the express prior approval of the Secretary or his designee.
(2) If a valid, enforceable agreement is executed pursuant to
paragraph (1) of this subsection, the authority of the Secretary to
acquire any interest in the property subject to the agreement, except
for the beach property, shall be suspended.
(3) The Secretary is authorized to accept by donation from the city
of New York any right, title, or interest which it holds in the parking
lot at Rockaway which is part of the Marine Bridge project at Riis Park.
Nothing herein shall be deemed to authorize the United States to
extinguish any present or future encumbrance or to authorize the State
of New York or any political subdivision or agency thereof to further
encumber any interest in the property so conveyed.
(d) Jamaica Bay Unit; Broad Channel Community; title acceptance
conditions
Within the Jamaica Bay Unit, (1) the Secretary may accept title to
lands donated by the city of New York subject to a retained right to
continue existing uses for a specifically limited period of time if such
uses conform to plans agreed to by the Secretary, and (2) the Secretary
may accept title to the area known as Broad Channel Community only if,
within five years after October 27, 1972, all improvements have been
removed from the area and a clear title to the area is tendered to the
United States.
(Pub. L. 92-592, 2, Oct. 27, 1972, 86 Stat. 1308.)
16 USC 460cc-2. Administration
TITLE 16 -- CONSERVATION
(a) Provisions applicable; utilization of authorities for
conservation and management of wildlife and natural resources; Jamaica
Bay Unit
The Secretary shall administer the recreation area in accordance with
the provisions of sections 1 and 2 to 4 of this title, as amended and
supplemented. In the administration of the recreation area the
Secretary may utilize such statutory authority available to him for the
conservation and management of wildlife and natural resources as he
deems appropriate to carry out the purposes of this subchapter:
Provided, That the Secretary shall administer and protect the islands
and waters within the Jamaica Bay Unit with the primary aim of
conserving the natural resources, fish, and wildlife located therein and
shall permit no development or use of this area which is incompatible
with this purpose.
(b) William Fitts Ryan Visitor Center; designation
The Secretary shall designate the principal visitor center within the
recreation area as the ''William Fitts Ryan Visitor Center'' in
commemoration of the leadership and contributions which Representative
William Fitts Ryan made with respect to the creation and establishment
of this public recreation area. To inform the public of the
contributions of Representative Ryan to the creation of the recreation
area, the Secretary shall provide such signs, markers, maps,
interpretive materials, literature, and programs as he deems
appropriate. Not later than December 31, 1980, the Secretary shall take
such additional actions as he deems appropriate to recognize and
commemorate the contributions of Representative Ryan to the recreation
area.
(c) Federal-State cooperative agreements for police and fire
protection
The Secretary is authorized to enter into cooperative agreements with
the States of New York and New Jersey, or any political subdivision
thereof, for the rendering, on a reimbursable basis, of rescue,
firefighting, and law enforcement services and cooperative assistance by
nearby law enforcement and fire preventive agencies.
(d) Water resource developments
The authority of the Secretary of the Army to undertake or contribute
to water resource developments, including shore erosion control, beach
protection, and navigation improvements (including the deepening of the
shipping channel from the Atlantic Ocean to the New York harbor) on land
and/or waters within the recreation area shall be exercised in
accordance with plans which are mutually acceptable to the Secretary of
the Interior and the Secretary of the Army and which are consistent with
both the purpose of this subchapter and the purpose of existing statutes
dealing with water and related land resource development.
(e) Airway facilities; maintenance, operation, and installation;
Jamaica Bay and Floyd Bennett Field restrictions
The authority of the Secretary of Transportation to maintain and
operate existing airway facilities and to install necessary new
facilities within the recreation area shall be exercised in accordance
with plans which are mutually acceptable to the Secretary of the
Interior and the Secretary of Transportation and which are consistent
with both the purpose of this subchapter and the purpose of existing
statutes dealing with the establishment, maintenance, and operation of
airway facilities: Provided, That nothing in this section shall
authorize the expansion of airport runways into Jamaica Bay or air
facilities at Floyd Bennett Field.
(f) Hunting, fishing, and trapping
The Secretary shall permit hunting, fishing, shellfishing, trapping,
and the taking of specimens on the lands and waters under his
jurisdiction within the Gateway National Recreation Area in accordance
with the applicable laws of the United States and the laws of the States
of New York and New Jersey and political subdivisions thereof, except
that the Secretary may designate zones where and establish periods when
these activities may not be permitted, for reasons of public safety,
administration, fish or wildlife management, or public use and
enjoyment.
(g) Sandy Hook and Staten Island Units; programs for preservation,
restoration, interpretation, and utilization of sites and structures
In the Sandy Hook and Staten Island Units, the Secretary shall
inventory and evaluate all sites and structures having present and
potential historical, cultural, or architectural significance and shall
provide for appropriate programs for the preservation, restoration,
interpretation, and utilization of them.
(h) Donations for services and facilities; acceptance
Notwithstanding any other provision of law, the Secretary is
authorized to accept donations of funds from individuals, foundations,
or corporations for the purpose of providing services and facilities
which he deems consistent with the purposes of this subchapter.
(i) Rights to solid waste byproducts of Fountain Avenue Landfill;
conveyance from United States to city of New York; rights-of-way and
permits; conditions; payments to United States for development and
improvement of Gateway National Recreation Area
Notwithstanding the provisions of subsection (a) of this section, the
United States hereby conveys to the city of New York all rights to the
methane gas and associated byproducts resulting from solid waste
decomposition on the area within the Jamaica Bay Unit known as the
Fountain Avenue Landfill site, subject to payments to the United States
of 50 per centum of the revenue received by the city of New York, if
any, from the development of such rights. The Secretary shall grant to
the City, its lessee or assignee, all rights-of-way and other permits
necessary from the Department of the Interior to extract and transport
the gas from the site: Provided, That the rights-of-way and other
permits shall provide for reasonable restoration of the site, including
removal of any processing or storage facilities used in the disposal,
development, or extraction of the gas, access by the Secretary to the
site for safety and other recreation area purposes, and such other
reasonable conditions as the Secretary deems necessary to further
purposes of the recreation area. All such payments to the United States
shall be credited to the appropriations of the National Park Service for
the development and improvement of Gateway National Recreation Area.
(Pub. L. 92-592, 3, Oct. 27, 1972, 86 Stat. 1309; Pub. L. 96-344,
11(1), Sept. 8, 1980, 94 Stat. 1136; Pub. L. 97-232, 1, Aug. 9, 1982,
96 Stat. 259.)
1982 -- Subsec. (i). Pub. L. 97-232 added subsec. (i).
1980 -- Subsec. (b). Pub. L. 96-344 struck out ''constructed'' after
''visitor center'' and inserted provision authorizing the Secretary to
inform the public of the contributions of Representative Ryan to the
creation of the recreation area by means of signs, markers, etc., and to
take such additional action, not later than Dec. 31, 1980, as deemed
appropriate to recognize and commemorate the contributions of
Representative Ryan to the recreation area.
16 USC 460cc-3. Gateway National Recreation Area Advisory Commission
TITLE 16 -- CONSERVATION
(a) Establishment; termination date
There is hereby established a Gateway National Recreation Area
Advisory Commission (hereinafter referred to as the ''Commission'').
Said Commission shall terminate twenty years after the date of the
establishment of the recreation area.
(b) Membership; appointment; terms of office; representation of
interests
The Commission shall be composed of fifteen members each appointed
for a term of two years by the Secretary as follows:
(1) two members to be appointed from recommendations made by the
Governor of the State of New York;
(2) two members to be appointed from recommendations made by the
Governor of the State of New Jersey;
(3) two members to be appointed from recommendations made by the
mayor of New York City;
(4) two members to be appointed from recommendations made by the
mayor of Newark, New Jersey; and
(5) seven members to be appointed by the Secretary to represent the
general public.
(c) Chairman; vacancies
The Secretary shall designate one member to be Chairman. Any vacancy
in the Commission shall be filled in the same manner in which the
original appointment was made.
(d) Compensation and expenses; vouchers
A member of the Commission shall serve without compensation as such.
The Secretary is authorized to pay the expenses reasonably incurred by
the Commission in carrying out its responsibility under this subchapter
upon vouchers signed by the Chairman.
(e) Voting
The Commission established by this section shall act and advise by
affirmative vote of a majority of the members thereof.
(f) Consultations of Secretary with members
The Secretary or his designee shall, from time to time, consult with
the members of the Commission with respect to matters relating to the
development of the recreation area.
(Pub. L. 92-592, 4, Oct. 27, 1972, 86 Stat. 1310; Pub. L. 96-344,
11(2), Sept. 8, 1980, 94 Stat. 1136; Pub. L. 97-232, 2, Aug. 9, 1982,
96 Stat. 259.)
1982 -- Subsec. (a). Pub. L. 97-232 substituted ''twenty'' for
''ten''.
1980 -- Subsec. (b). Pub. L. 96-344 substituted in provision
preceding par. (1) ''fifteen'' for ''eleven'' and in par. (5)
''seven'' for ''three''.
16 USC 460cc-4. Authorization of appropriations; limitation;
adjustments
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subchapter, but not more
than $12,125,000 for the acquisition of lands and interests in lands and
not more than $92,813,000 (July, 1971 prices) for development of the
recreation area, plus or minus such amounts, if any, as may be justified
by reason of ordinary fluctuations in the construction costs as
indicated by engineering cost indices applicable to the type of
construction involved herein.
(Pub. L. 92-592, 5, Oct. 27, 1972, 86 Stat. 1311.)
16 USC SUBCHAPTER LXXXVIII -- GLEN CANYON NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460dd. Establishment of recreation area; boundaries;
publication in Federal Register
TITLE 16 -- CONSERVATION
In order to provide for public outdoor recreation use and enjoyment
of Lake Powell and lands adjacent thereto in the States of Arizona and
Utah and to preserve scenic, scientific, and historic features
contributing to public enjoyment of the area, there is established the
Glen Canyon National Recreation Area (hereafter referred to as the
''recreation area'') to comprise the area generally depicted on the
drawing entitled ''Boundary Map Glen Canyon National Recreation Area,''
numbered GLC-91,006 and dated August 1972, which is on file and
available for public inspection in the office of the National Park
Service, Department of the Interior. The Secretary of the Interior
(hereafter referred to as the ''Secretary'') may revise the boundaries
of the recreation area from time to time by publication in the Federal
Register of a revised drawing or other boundary description, but the
total acreage of the national recreation area may not exceed one million
two hundred and thirty-six thousand eight hundred and eighty acres.
(Pub. L. 92-593, 1, Oct. 27, 1972, 86 Stat. 1311.)
16 USC 460dd-1. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; donation or exchange of State lands;
concurrence of tribal council respecting trust lands
Within the boundaries of the recreation area, the Secretary may
acquire lands and interests in lands by donation, purchase, or exchange.
Any lands owned by the States of Utah or Arizona, or any State,
political subdivisions thereof, may be acquired only by donation or
exchange. No lands held in trust for any Indian tribe may be acquired
except with the concurrence of the tribal council.
(b) Navajo Indian Tribe and Tribal Council reserved mineral and land
use rights unaffected
Nothing in this subchapter shall be construed to affect the mineral
rights reserved to the Navajo Indian Tribe under section 2 of the Act of
September 2, 1958 (72 Stat. 1686), or the rights reserved to the Navajo
Indian Tribal Council in said section 2 with respect to the use of the
lands there described under the heading ''Parcel B''.
(Pub. L. 92-593, 2, Oct. 27, 1972, 86 Stat. 1311.)
Act of September 2, 1958 (72 Stat. 1686), referred to in subsec.
(b), provided for exchange of lands between United States and Navajo
Tribe and for other purposes, and was not classified to the Code.
16 USC 460dd-2. Public lands
TITLE 16 -- CONSERVATION
(a) Withdrawal from location, entry, and patent under Federal mining
laws; removal of minerals
The lands within the recreation area, subject to valid existing
rights, are withdrawn from location, entry, and patent under the United
States mining laws. Under such regulations as he deems appropriate, the
Secretary shall permit the removal of the nonleasable minerals from
lands or interests in lands within the national recreation area in the
manner prescribed by section 387 of title 43, and he shall permit the
removal of leasable minerals from lands or interests in lands within the
recreation area in accordance with the Mineral Leasing Act of February
25, 1920, as amended, (30 U.S.C. 181 et seq.), or the Acquired Lands
Mineral Leasing Act of August 7, 1947, (30 U.S.C. 351 et seq.), if he
finds that such disposition would not have significant adverse effects
on the Glen Canyon project or on the administration of the national
recreation area pursuant to this subchapter.
(b) Disposition of funds from permits and leases
All receipts derived from permits and leases issued on lands in the
recreation area under the Mineral Leasing Act of February 25, 1920, as
amended (30 U.S.C. 181 et seq.), or the Act of August 7, 1947 (30 U.S.
C. 351 et seq.), shall be disposed of as provided in the applicable Act;
and receipts from the disposition of nonleasable minerals within the
recreation area shall be disposed of in the same manner as moneys
received from the sale of public lands.
(Pub. L. 92-593, 3, Oct. 27, 1972, 86 Stat. 1312.)
The United States mining laws, referred to in subsec. (a), are
classified generally to Title 30, Mineral Lands and Mining.
The Mineral Leasing Act of February 25, 1920, as amended, referred to
in text, is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended,
known as the Mineral Leasing Act, which is classified generally to
chapter 3A ( 181 et seq.) of Title 30. For complete classification of
this Act to the Code, see Short Title note set out under section 181 of
Title 30 and Tables.
The Acquired Lands Mineral Leasing Act of August 7, 1947, referred to
in text, is act Aug. 7, 1947, ch. 513, 61 Stat. 913, as amended,
which is classified generally to chapter 7 ( 351 et seq.) of Title 30.
For complete classification of this Act to the Code, see Short Title
note set out under section 351 of Title 30 and Tables.
16 USC 460dd-3. Administration, protection, and development; statutory
authorities for conservation and management of natural resources; Glen
Canyon Dam and Reservoir
TITLE 16 -- CONSERVATION
The Secretary shall administer, protect, and develop the recreation
area in accordance with the provisions of sections 1 and 2 to 4 of this
title, as amended and supplemented, and with any other statutory
authority available to him for the conservation and management of
natural resources to the extent he finds such authority will further the
purposes of this subchapter: Provided, however, That nothing in this
subchapter shall affect or interfere with the authority of the Secretary
granted by Public Law 485, Eighty-fourth Congress, second session (43
U.S.C. 620 et seq.), to operate Glen Canyon Dam and Reservoir in
accordance with the purposes of the Colorado River Storage Project Act
(43 U.S.C. 620 et seq.) for river regulation, irrigation, flood control,
and generation of hydroelectric power.
(Pub. L. 92-593, 4, Oct. 27, 1972, 86 Stat. 1312.)
Public Law 485, Eighty-fourth Congress, second session, referred to
in text, is act Apr. 11, 1956, ch. 203, 70 Stat. 105, as amended,
which is popularly known as the Colorado River Storage Project Act, and
which is classified generally to chapter 12B ( 620 et seq.) of Title 43,
Public Lands. For complete classification of this Act to the Code, see
Short Title note set out under section 620 of Title 43 and Tables.
16 USC 460dd-4. Hunting and fishing
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting, fishing, and trapping on lands
and waters under his jurisdiction within the boundaries of the
recreation area in accordance with applicable laws of the United States
and the States of Utah and Arizona, except that the Secretary may
designate zones where, and establish periods when, no hunting, fishing,
or trapping shall be permitted for reasons of public safety,
administration, or public use and enjoyment. Except in emergencies, any
regulation of the Secretary pursuant to this section shall be put into
effect only after consultation with the appropriate State fish and game
department.
(Pub. L. 92-593, 5, Oct. 27, 1972, 86 Stat. 1312.)
16 USC 460dd-5. Mineral and grazing leases; Bureau of Land Management
administration and policies
TITLE 16 -- CONSERVATION
The administration of mineral and grazing leases within the
recreation area shall be by the Bureau of Land Management. The same
policies followed by the Bureau of Land Management in issuing and
administering mineral and grazing leases on other lands under its
jurisdiction shall be followed in regard to the lands within the
boundaries of the recreation area, subject to the provisions of sections
460dd-2(a) and 460dd-3 of this title.
(Pub. L. 92-593, 6, Oct. 27, 1972, 86 Stat. 1312.)
16 USC 460dd-6. Easements and rights-of-way
TITLE 16 -- CONSERVATION
The Secretary shall grant easements and rights-of-way on a
nondiscriminatory basis upon, over, under, across, or along any
component of the recreation area unless he finds that the route of such
easements and rights-of-way would have significant adverse effects on
the administration of the recreation area.
(Pub. L. 92-593, 7, Oct. 27, 1972, 86 Stat. 1312.)
16 USC 460dd-7. Proposed road study
TITLE 16 -- CONSERVATION
(a) Criteria and environmental impact of specific route
The Secretary, together with the Highway Department of the State of
Utah, shall conduct a study of proposed road alinements within and
adjacent to the recreation area. Such study shall locate the specific
route of a scenic, low-speed road, hereby authorized, from Glen Canyon
City to Bullfrog Basin, crossing the Escalante River south of the point
where the river has entered Lake Powell when the lake is at the three
thousand seven hundred-foot level. In determining the route for this
road, special care shall be taken to minimize any adverse environmental
impact and said road is not required to meet ordinary secondary road
standards as to grade, alinement, and curvature. Turnouts, overlooks,
and scenic vistas may be included in the road plan. In no event shall
said route cross the Escalante River north of Stephens Arch.
(b) Timetable
The study shall include a reasonable timetable for the engineering,
planning, and construction of the road authorized in subsection (a) of
this section and the Secretary of the Interior shall adhere to said
timetable in every way feasible to him.
(c) Markers and other interpretative devices
The Secretary is authorized to construct and maintain markers and
other interpretative devices consistent with highway safety standards.
(d) Additional roads
The study specified in subsection (a) of this section shall designate
what additional roads are appropriate and necessary for full utilization
of the area for the purposes of this subchapter and to connect with all
roads of ingress to, and egress from the recreation area.
(e) Report to Congress
The findings and conclusions of the Secretary and the Highway
Department of the State of Utah, specified in subsection (a) of this
section, shall be submitted to Congress within two years of October 27,
1972, and shall include recommendations for any further legislation
necessary to implement the findings and conclusions. It shall specify
the funds necessary for appropriation in order to meet the timetable
fixed in subsection (b) of this section.
(Pub. L. 92-593, 8, Oct. 27, 1972, 86 Stat. 1312.)
16 USC 460dd-8. Report to President
TITLE 16 -- CONSERVATION
Within two years from October 27, 1972, the Secretary shall report to
the President, in accordance with subsections 3(c) and 3(d) of the
Wilderness Act (16 U.S.C. 1132(c) and (d)), his recommendations as to
the suitability or nonsuitability of any area within the recreation area
for preservation as wilderness, and any designation of any such area as
wilderness shall be in accordance with said Wilderness Act (16 U.S.C.
1131 et seq.).
(Pub. L. 92-593, 9, Oct. 27, 1972, 86 Stat. 1313.)
The Wilderness Act, referred to in text, is Pub. L. 88-577, Sept.
3, 1964, 78 Stat. 890, as amended, which is classified generally to
chapter 23 ( 1131 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 1131
of this title and Tables.
16 USC 460dd-9. Authorization of appropriations; limitation
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this subchapter, not to exceed,
however, $400,000 for the acquisition of lands and interests in lands
and not to exceed $37,325,400 for development. The sums authorized in
this section shall be available for acquisition and development
undertaken subsequent to the approval of this subchapter.
(Pub. L. 92-593, 10, Oct. 27, 1972, 86 Stat. 1313.)
16 USC SUBCHAPTER LXXXIX -- BIG SOUTH FORK NATIONAL RIVER AND RECREATION
AREA
TITLE 16 -- CONSERVATION
16 USC 460ee. Establishment of recreation area
TITLE 16 -- CONSERVATION
(a) ''Secretary'' defined; statement of purposes; boundaries;
acquisition of outside sites for administrative, visitor orientation,
and recreation facilities
As used in this section the term ''Secretary'' shall mean the
Secretary of the Army, acting through the Chief of Engineers. The
Secretary, in accordance with the national recreation area concept
included in the interagency report prepared pursuant to section 218 of
the Flood Control Act of 1968 (Public Law 90-483) by the Corps of
Engineers, the Department of the Interior, and the Department of
Agriculture, as modified by this section, is authorized and directed to
establish on the Big South Fork of the Cumberland River in Kentucky and
Tennessee the Big South Fork National River and Recreation Area
(hereafter in this section referred to as the ''National Area'') for the
purposes of conserving and interpreting an area containing unique
cultural, historic, geologic, fish and wildlife, archeologic, scenic,
and recreational values, preserving as a natural, free-flowing stream
the Big South Fork of the Cumberland River, major portions of its Clear
Fork and New River stems, and portions of their various tributaries for
the benefit and enjoyment of present and future generations, the
preservation of the natural integrity of the scenic gorges and valleys,
and the development of the area's potential for healthful outdoor
recreation. The boundaries shall be as generally depicted on the
drawing prepared by the Corps of Engineers and entitled ''Big South Fork
National River and Recreation Area'' identified as map number
BSF-NRRA(1)(A) and dated October 1972, which shall be on file and
available for public inspection in the office of the District Engineer,
U.S. Army Engineer District, Nashville, Tennessee. The Secretary may
acquire sites at locations outside such boundaries, as he determines
necessary, for administrative and visitor orientation facilities. The
Secretary may also acquire a site outside such boundaries at or near the
location of the historic Tabard Inn in Ruby, Tennessee, including such
lands as he deems necessary, for the establishment of a lodge with
recreational facilities as provided in subsection (e)(3) of this
section.
(b) Transfer of responsibility for planning, acquisition, and
development, and administrative jurisdiction to Secretary of the
Interior; boundary revisions; acreage limitation
Effective upon November 15, 1990, responsibility for all planning,
acquisition, and development, as well as administrative jurisdiction
over all Federal lands, water, interests therein, and improvements
thereon, within the National Area is hereby transferred to the Secretary
of the Interior. The Secretary may complete all acquisition and
development activities in progress on November 15, 1990, and the
Secretary and the Secretary of the Interior may, by mutual agreement,
provide for an orderly and phased assumption of responsibilities
(including but not limited to land acquisition and the construction of
necessary access roads, day-use facilities, campground facilities,
lodges, and administrative buildings) and available funds by the
Secretary of the Interior in furtherance of the purposes of this
section. The Secretary of the Interior shall administer the National
Area in accordance with sections 1 and 2 to 4 of this title, as amended
and supplemented. The authorities set forth in this section which were
available to the Secretary immediately prior to November 15, 1990, shall
after November 15, 1990, be available to the Secretary of the Interior.
In the administration of the National Area the Secretary may utilize
such statutory authority available to him for the conservation and
management of wildlife and natural resources as he deems appropriate to
carry out the purposes of this section. The Secretary of the Interior
may, after transfer to him, revise the boundaries from time to time, but
the total acreage within such boundaries shall not exceed one hundred
and twenty-five thousand acres. Following such transfer the authorities
available to the Secretary in subsection (c) of this section shall
likewise be available to the Secretary of the Interior.
(c) Acquisition of property; tracts; exchange and disposal of
property; transfer from Federal agency to administrative jurisdiction
of Secretary; residential property, right of use and occupancy; fair
market value; transfer or assignment; lifetime residence of tenant or
spouse; accrual of obligation or rental to United States; ''improved
property'' defined; mineral rights
(1) Within the boundaries of the National Area, the Secretary may
acquire lands and waters or interests therein by donation, purchase with
donated or appropriated funds, or exchange or otherwise, except that
lands (other than roads and rights-of-way for roads) owned by the States
of Kentucky and Tennessee or any political subdivisions thereof which
were in public ownership on October 22, 1976, may be acquired only by
donation. When an individual tract of land is only partly within the
boundaries of the National Area, the Secretary may acquire all of the
tract by any of the above methods in order to avoid the payment of
severance costs. Land so acquired outside of the boundaries of the
National Area may be exchanged by the Secretary for non-Federal lands
within the National Area boundaries, and any portion of the land not
utilized for such exchanges may be disposed of in accordance with the
provisions of the Federal Property and Administrative Services Act of
1949 (63 Stat. 377; 40 U.S.C. 471 et seq.), as amended.
Notwithstanding any other provision of law, any Federal property within
the boundaries of the National Area shall be transferred without
consideration to the administrative jurisdiction of the Secretary for
the purposes of this section.
(2) With the exception of property or any interest in property that
the Secretary determines is necessary for purposes of administration,
preservation, or public use, any owner or owners (hereafter in this
section referred to as ''owner'') of improved property used solely for
noncommercial residential purposes on the date of its acquisition by the
Secretary may retain the right of use and occupancy of such property for
such purposes for a term, as the owner may elect, ending either (A) upon
the death of the owner or his spouse, whichever occurs later, or (B) not
more than twenty-five years from the date of acquisition. The Secretary
shall pay to the owner the fair market value of the property on the date
of such acquisition, less the fair market value on such date of the term
retained by the owner. Such right: shall be subject to such terms and
conditions as the Secretary deems appropriate to assure that the
property is used in accordance with the purposes of this section; may
be transferred or assigned; and may be terminated with respect to the
entire property by the Secretary upon his determination that the
property or any portion thereof has ceased to be used for noncommercial
residential purposes, and upon tender to the holder of the right an
amount equal to the fair market value, as of the date the tender, of
that portion of the right which remains unexpired on the date of
termination. Any person residing upon improved property, subject to the
right of acquisition by the Secretary as a tenant or by the sufferance
of the owner or owners of the property may be allowed to continue in
such residence for the lifetime of such person or his spouse, whichever
occurs later, subject to the same restrictions as applicable to owners
residing upon such property and provided that any obligation or rental
incurred as consideration for such tenancy shall accrue during such term
to the United States to be used in the administration of this section.
(3) As used in this section the term ''improved property'' means a
detached year-round one-family dwelling which serves as the owner's
permanent place of abode at the time of acquisition, and construction of
which was begun before January 1, 1974, together with so much of the
land on which the dwelling is situated, such land being in the same
ownership as the dwelling, as the Secretary shall designate to be
reasonably necessary for the enjoyment of the dwelling for the sole
purpose of noncommercial residential use, except that the Secretary may
exclude from any improved property any waters or land fronting thereon,
together with so much of the land adjoining such waters or land as he
deems necessary for public access thereto.
(4) In any case where the Secretary determines that underlying
minerals are removable consistent with the provisions of subsection
(e)(3) of this section, the owner of the minerals underlying property
acquired for the purposes of this section may retain such interest. The
Secretary shall reserve the right to inspect and regulate the extraction
of such minerals to insure that the values enumerated in subsection (a)
of this section are not reduced and that the purposes declared in
subsection (e)(1) of this section are not interfered with.
(d) Hunting, fishing, and trapping; rules and regulations after
consultations with State agencies
The Secretary, and the Secretary of the Interior after jurisdiction
over the National Area has been transferred to him under subsection (b)
of this section, shall permit hunting, fishing, and trapping on lands
and waters under his jurisdiction within the boundaries of the National
Area in accordance with applicable Federal and State laws, except that
he may designate zones where, and establish periods when, no hunting,
fishing, or trapping shall be permitted for reasons of public safety,
administration, fish or wildlife management, or public use and
enjoyment. Except in emergencies, any rules and regulations of the
Secretary or the Secretary of the Interior pursuant to this subsection
shall be put into effect only after consultation with the appropriate
State agency responsible for hunting, fishing, and trapping activities.
(e) Gorge areas division: restrictions, limited motorboat access,
operation and maintenance of rail line, access routes, maintenance of
roads for nonvehicular traffic, ingress and egress of residents,
protection of values; adjacent areas division; restrictions,
boundaries; Rugby area; Federal consultations with involved agencies
respecting development and management of adjacent National Area; Blue
Heron Mine community, restoration; rail and alternative transportation
study; report to Congress
(1) The National Area shall be established and managed for the
purposes of preserving and interpreting the scenic, biological,
archeological, and historical resources of the river gorge areas and
developing the natural recreational potential of the area for the
enjoyment of the public and for the benefit of the economy of the
region. The area within the boundary of the National Area shall be
divided into two categories; namely, the gorge areas and adjacent areas
as hereinafter defined.
(2)(A) Within the gorge area, no extraction of, or prospecting for
minerals, petroleum products, or gas shall be permitted. No timber
shall be cut within the gorge area except for limited clearing necessary
for establishment of day-use facilities, historical sites, primitive
campgrounds, and access roads. No structures shall be constructed
within the gorge area except for structures associated with the
improvement of historical sites specified in paragraphs (5), (6), and
(8), except for day-use facilities and primitive campgrounds along the
primary and secondary access routes specified herein and within 500 feet
of such roads, and except for primitive campgrounds accessible only by
water or on foot. No motorized transportation shall be allowed in the
gorge area except on designated access routes, existing routes for
administration of the National Area, existing routes for access to
cemeteries; except that motorboat access into the gorge area shall be
permitted up to a point one-tenth of a mile downstream from Devils'
Jumps and except for the continued operation and maintenance of the rail
line currently operated and known as the K & T Railroad. The Secretary
of the Interior shall impose limitations on the use of existing routes
for access to cemeteries. The Secretary shall acquire such interest in
the K & T Railroad right-of-way by easement as he deems necessary to
protect the scenic, esthetic, and recreational values of the gorge area
and the adjacent areas.
(B) Primary access routes into the gorge area may be constructed or
improved upon the general route of the following designated roads:
Tennessee Highway Numbered 52, FAS 2451 (Leatherwood Ford Road), the
road into the Blue Heron Community, and Kentucky Highway Numbered 92.
(C) Secondary access roads in the gorge area may be constructed or
improved upon the following routes: the roads from Smith Town,
Kentucky, to Worley, Kentucky, the road crossing the Clear Fork at Burnt
Mill Bridge, the road from Goad, Tennessee, to Zenith, Tennessee, the
road from Co-Operative, Kentucky, to Kentucky Highway Numbered 92, the
road entering the gorge across from the mouth of Alum Creek in Kentucky,
the road crossing the Clear Fork at Peters Bridge, the road entering the
gorge across from the mouth of Station Camp Creek.
(D) All other existing roads in the gorge area shall be maintained
for nonmotorized traffic only, except that nothing in this section shall
abrogate the right of ingress and egress of those who remain in
occupancy under subsection (c)(1) of this section.
(E) Road improvement or maintenance and any construction of roads or
facilities in the gorge area as permitted by this section shall be
accomplished by the Secretary in a manner that will protect the declared
values of this unique natural scenic resource.
(3) In adjacent areas: the removal of timber shall be permitted only
where required for the development or maintenance of public use and for
administrative sites and shall be accomplished with careful regard for
scenic and environmental values; prospecting for minerals and the
extraction of minerals from the adjacent areas shall be permitted only
where the adit to any such mine can be located outside the boundary of
the National Area; no surface mining or strip mining shall be
permitted; prospecting and drilling for petroleum products and natural
gas shall be permitted in the adjacent area under such regulations as
the Secretary or the Secretary of the Interior, after jurisdiction over
the national river and recreation area has been transferred to him under
subsection (b) of this section, may prescribe to minimize detrimental
environment impact, such regulations shall provide among other things
for an area limitation for each such operation, zones where operations
will not be permitted, and safeguards to prevent air and water
pollution; no storage facilities for petroleum products or natural gas
shall be located within the boundary of the National Area except as
necessary and incidental to production; the Secretary is authorized to
construct two lodges with recreational facilities within the adjacent
areas so as to maximize and enhance public use and enjoyment of the
National Area; construction of all roads and facilities in the adjacent
areas shall be undertaken with careful regard for the maintenance of the
scenic and esthetic values of the gorge area and the adjacent areas.
(4) The gorge area as set out in paragraphs (1) and (2) of this
subsection shall consist of all lands and waters of the Big South Fork,
Clear Fork, and New York River which lie between the gorge or valley rim
on either side (where the rim is not clearly defined by topography, the
gorge boundary shall be established at an elevation no lower than that
of the nearest clearly demarked rim on the same side of the valley), and
those portions of the main tributaries and streams in the watersheds of
the Big South Fork, Clear Fork, and New River that lie within a gorge or
valley rim on either side, except that no lands or waters north of
Kentucky Highway Numbered 92 shall be included. The designated adjacent
areas shall consist of the balance of the National Area.
(5) The Secretary, and the Secretary of the Interior, shall consult
and cooperate with the Tennessee Historical Commission and the Rugby
Restoration Association and with other involved agencies and
associations, both public and private concerning the development and
management of the National Area in the area adjacent to Rugby,
Tennessee. Development within the area adjacent to Rugby, Tennessee,
shall be designed toward preserving and enhancing the historical
integrity of the community and any historical sites within the boundary
of the National Area.
(6) The Secretary, or the Secretary of the Interior, after
jurisdiction over the National Area has been transferred to him under
subsection (b) of this section, shall provide for the restoration of the
Blue Heron Mine community in a manner which will preserve and enhance
the historical integrity of the community and will contribute to the
public's understanding and enjoyment of its historical value. To that
end the Secretary, or the Secretary of the Interior, after jurisdiction
over the National Area has been transferred to him under subsection (b)
of this section, may construct and improve structures within and may
construct and improve a road into this community.
(7) The Secretary shall study the desirability and feasibility of
reestablishing rail transportation on the abandoned O&W railbed or an
alternative mode of transportation within the National Area upon the O&
W roadbed, and shall report to Congress his recommendation with regard
to development of this facility.
(8) Improvement of charit creek lodge and historic structures. -- The
Secretary of the Interior may make improvements to the Charit Creek
Lodge and associated facilities and to historic structures determined to
be eligible for listing in the National Register of Historic Places.
Such improvements shall be made in a manner consistent with the historic
scene and the limited ability of the National Area to accommodate
additional use and development. Improvements to the Charit Creek Lodge
and associated facilities shall be made within the approximately 30
acres of cleared land existing on November 15, 1990, and within carrying
capacity limitations determined by the National Park Service.
(f) Federal power and water resources projects; license and other
restrictions; limitations inapplicable to external areas
The Federal Energy Regulatory Commission shall not license the
construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works under the Federal Power Act
(41 Stat. 1063) as amended (16 U.S.C. 791a et seq.), within or directly
affecting the National Area and no department or agency of the United
States shall assist by loan, grant, license, or otherwise in the
construction of any water resources project that would have a direct and
adverse effect on the values for which the National Area was
established. Nothing contained in the preceding sentence shall preclude
licensing of, or assistance to, developments below or above the National
Area or on any stream tributary thereto which will not invade the
National Area or unreasonably diminish the scenic, recreation, and fish
and wildlife values present in the area on March 7, 1974. No department
or agency of the United States shall recommend authorization of any
water resources project that would have a direct and adverse effect on
the values for which the National Area was established, or request
appropriations to begin construction of any such project, whether
heretofore or hereafter authorized, without advising the Secretary or
the Secretary of the Interior, after jurisdiction over the National Area
has been transferred to him under subsection (b) of this section, in
writing of its intention so to do at least sixty days in advance, and
without specifically reporting to the Congress in writing at the time it
makes its recommendations or request in what respect construction of
such project would be in conflict with the purposes of this section and
would affect the National Area and the values to be protected under this
section.
(g) Transportation facilities; study and establishment
The Secretary shall study transportation facilities in the region
served by the National Area and shall establish transportation
facilities to enhance public access to the National Area. In this
connection the Secretary is authorized to acquire and maintain public
roads, other than State highways, necessary to serve the public use
facilities within the National Area, and to establish and maintain, at
Federal cost an interior and circulating road system sufficient to meet
the purposes of this section. Any existing public road, which at the
time of its acquisition continues to be a necessary and essential part
of the county highway system, may, upon mutual agreement between the
Secretary and the owner of such road, be relocated outside of the
National Area and if not so relocated such road shall be maintained at
Federal expense and kept open at all times for general travel purposes.
Nothing in this subsection shall abrogate the right of egress and
ingress of those persons who may remain in occupancy under subsection
(c) of this section. Nothing in this subsection shall preclude the
adjustment, relocation, reconstruction, or abandonment of State highways
situated in the National Area, with the concurrence of the agency having
the custody of such highways upon entering into such arrangements as the
Secretary or the Secretary of the Interior, after jurisdiction over the
National Area has been transferred to him under subsection (b) of this
section, deems appropriate and in the best interest of the general
welfare.
(h) New River plan and programs; transmittal to Congress
In furtherance of the purpose of this subsection the Secretary in
cooperation with the Secretary of Agriculture, the heads of other
Federal departments and agencies involved, and the State of Tennessee
and its political subdivisions, shall formulate a comprehensive plan for
that portion of the New River that lies upstream from United States
Highway Numbered 27. Such plan shall include, among other things,
programs to enhance the environment and conserve and develop natural
resources, and to minimize siltation and acid mine drainage. Such plan,
with recommendations, including those as to costs and administrative
responsibilities, shall be completed and transmitted to the Congress
within one year from March 7, 1974.
(i) Water quality protection; interagency cooperation
The Secretary or the Secretary of the Interior, after jurisdiction
over the National Area has been transferred to him under subsection (b)
of this subsection, shall consult and cooperate with other departments
and agencies of the United States and the States of Tennessee and
Kentucky in the development of measures and programs to protect and
enhance water quality within the National Area and to insure that such
programs for the protection and enhancement of water quality do not
diminish other values that are to be protected under this section.
(j) Real and personal property tax losses; reimbursement;
authorization of appropriations
(1) Until such time as the transfer of jurisdiction to the Secretary
of the Interior authorized by subsection (b) of this section shall take
place, for the purpose of financially assisting the States of Tennessee
and Kentucky, McCreary County, Kentucky, and Scott, Morgan, Pickett, and
Fentress Counties in Tennessee, because of losses which these
jurisdictions will sustain by reason of the fact that certain lands and
other property within their boundaries may be included within the
National Area established by this section and thereafter will no longer
be subject to real and personal property taxes levied or imposed by
them, payments shall be made to them on an annual basis in an amount
equal to those taxes levied or imposed on such property for the last
taxable year immediately preceding March 7, 1974.
(2) For the purpose of enabling the Secretary to make such payments
during the fiscal years ending June 30, 1975, June 30, 1976, June 30,
1977, June 30, 1978, and June 30, 1979, there are authorized to be
appropriated such sums as may be necessary.
(k) Authorization of appropriations; prohibition of appropriation
from Land and Water Conservation Fund
There are authorized to be appropriated $156,122,000 to carry out the
provisions of this section, other than subsection (j) of this section.
Costs for the National Area shall be provided in the same manner as
costs for national recreation areas administered by the Secretary of the
Interior through the National Park Service.
(Pub. L. 93-251, title I, 108, Mar. 7, 1974, 88 Stat. 43; Pub. L.
94-587, 184, Oct. 22, 1976, 90 Stat. 2940; Pub. L. 95-91, title IV,
402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L. 99-662, title XI,
1110, Nov. 17, 1986, 100 Stat. 4231; Pub. L. 101-561, 1, Nov. 15, 1990,
104 Stat. 2778.)
Section 218 of the Flood Control Act of 1968, referred to in subsec.
(a), is section 218 of Pub. L. 90-483, Aug. 13, 1968, 82 Stat. 749,
which was not classified to the Code.
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (c)(1), is act June 30, 1949, ch. 288,
63 Stat. 377, as amended. Provisions of that act relating to disposal
of Government property are classified to chapter 10 ( 471 et seq.) of
Title 40, Public Buildings, Property, and Works. For complete
classification of this Act to the Code, see Short Title note set out
under section 471 of Title 40 and Tables.
The Federal Power Act, referred to in subsec. (f), is act June 10,
1920, ch. 285, 41 Stat. 1063, as amended, which is classified
generally to chapter 12 ( 791a et seq.) of this title. For complete
classification of this Act to the Code, see section 791a of this title
and Tables.
In subsec. (c)(1), ''public ownership on October 22, 1976,''
substituted for ''public ownership at the time of enactment of this
section'' for purposes of codification, Oct. 22, 1976, being date of
approval of Pub. L. 94-587.
1990 -- Subsec. (b). Pub. L. 101-561, 1(a), struck out par. (1)
designation, substituted ''Effective upon November 15, 1990,
responsibility for all planning, acquisition, and development, as well
as administrative jurisdiction over all Federal lands, water, interests
therein, and improvements thereon, within the National Area is hereby
transferred to the Secretary of the Interior. The Secretary may
complete all acquisition and development activities in progress on
November 15, 1990, and the Secretary and the Secretary of the Interior
may, by mutual agreement, provide for an orderly and phased assumption
of responsibilities (including but not limited to land acquisition and
the construction of necessary access roads, day-use facilities,
campground facilities, lodges, and administrative buildings) and
available funds by the Secretary of the Interior in furtherance of the
purposes of this section. The Secretary of the Interior shall
administer the National Area in accordance with sections 1 and 2 to 4 of
this title, as amended and supplemented. The authorities set forth in
this section which were available to the Secretary immediately prior to
November 15, 1990, shall after November 15, 1990, be available to the
Secretary of the Interior.'' for ''The Secretary shall establish the
National Area by publication of notice thereof in the Federal Register
when he determines that the United States has acquired an acreage within
the boundaries of the National Area that is efficiently administrable
for the purposes of this section. After publication of notice, and
after he has completed the construction of necessary access roads,
day-use facilities, campground facilities, lodges, and administrative
buildings, the Secretary shall transfer the jurisdiction of the National
Area to the Secretary of the Interior who shall administer the National
Area in accordance with sections 1 and 2 to 4 of this title, as amended
and supplemented.'', struck out at end of par. (1) ''The Secretary may,
prior to the transfer to the Secretary of the Interior, revise the
boundaries from time to time, but the total acreage within such
boundaries shall not exceed one hundred and twenty-five thousand
acres.'', and struck out par. (2) which read as follows: ''The
Secretary may by agreement with the Secretary of the Interior provide
for interim management by the Department of the Interior, in accordance
with the provisions of sections 1 and 2 to 4 of this title, as amended
and supplemented, of any portion or portions of the project which
constitute a logically and efficiently administrable area. The
Secretary is authorized to transfer funds to the Department of the
Interior for the costs of such interim management out of funds
appropriated for the project.''
Subsec. (e)(2)(A). Pub. L. 101-561, 1(b), substituted ''No structures
shall be constructed within the gorge area except for structures
associated with the improvement of historical sites specified in
paragraphs (5), (6), and (8), except for day-use facilities and
primitive campgrounds along the primary and secondary access routes
specified herein and within 500 feet of such roads, and except for
primitive campgrounds accessible only by water or on foot. No motorized
transportation shall be allowed in the gorge area except on designated
access routes, existing routes for administration of the National Area,
existing routes for access to cemeteries; except that motorboat access
into the gorge area shall be permitted up to a point one-tenth of a mile
downstream from Devils' Jumps and except for the continued operation and
maintenance of the rail line currently operated and known as the K & T
Railroad. The Secretary of the Interior shall impose limitations on the
use of existing routes for access to cemeteries.'' for ''No structures
shall be constructed within the gorge except for reconstruction and
improvement of the historical sites specified in paragraphs (5) and (6)
of this subsection and except for necessary day-use facilities along the
primary and secondary access routes specified herein and within five
hundred feet of such roads, and except for primitive campgrounds
accessible only by water or on foot. No motorized transportation shall
be allowed in the gorge area except on designated access routes and
except that motorboat access into the gorge area shall be permitted up
to a point one-tenth of a mile downstream from Devil's Jumps; and
except for the continued operation and maintenance of the rail line
currently operated and known as the K & T Railroad.''
Subsec. (e)(2)(D). Pub. L. 101-561, 1(c), substituted
''nonmotorized'' for ''nonvehicular''.
Subsec. (e)(8). Pub. L. 101-561, 1(d), added par. (8).
Subsec. (k). Pub. L. 101-561, 1(e), substituted ''Costs for the
National Area shall be provided in the same manner as costs for national
recreation areas administered by the Secretary of the Interior through
the National Park Service'' for ''No moneys shall be appropriated from
the Land and Water Conservation Fund to carry out the purposes of this
section''.
1986 -- Subsec. (k). Pub. L. 99-662 substituted ''$156,122,000'' for
''$103,522,000''.
1976 -- Subsec. (a). Pub. L. 94-587, 184(a), provided for
acquisition of outside sites for administrative, visitor orientation,
and recreation facilities.
Subsec. (b). Pub. L. 94-587, 184(b), designated existing provisions
as par. (1) and added par. (2).
Subsec. (c)(1). Pub. L. 94-587, 184(c), inserted ''which were in
public ownership on October 22, 1976,'' after ''political subdivisions
thereof''.
Subsec. (e)(2)(A). Pub. L. 94-587, 184(d), provided for motorboat
access into the gorge area, continued operation and maintenance of the
rail line, and acquisition by the Secretary of an interest in the rail
line easement for protection of scenic, esthetic, and recreational
values of the gorge area and the adjacent areas.
Subsec. (e)(2)(C). Pub. L. 94-587, 184(e), authorized construction of
a secondary access road upon the road entering the gorge across from the
mouth of Station Camp Creek.
Subsec. (k). Pub. L. 94-587, 184(f), substituted ''$103,522,000'' for
''$32,850,000''.
''Federal Energy Regulatory Commission'' substituted for ''Federal
Power Commission'' in subsec. (f) pursuant to Pub. L. 95-91, 402(a)(
1)(A), which is classified to section 7172(a)(1)(A) of Title 42, The
Public Health and Welfare.
Federal Power Commission terminated and functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
part I of Federal Power Act (16 U.S.C. 792 et seq.) transferred to
Federal Energy Regulatory Commission by sections 7172(a)(1)(A) and 7293
of Title 42.
16 USC SUBCHAPTER XC -- CUYAHOGA VALLEY NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460ff. Establishment of recreation area
TITLE 16 -- CONSERVATION
For the purpose of preserving and protecting for public use and
enjoyment, the historic, scenic, natural, and recreational values of the
Cuyahoga River and the adjacent lands of the Cuyahoga Valley and for the
purpose of providing for the maintenance of needed recreational open
space necessary to the urban environment, the Cuyahoga Valley National
Recreation Area, hereafter referred to as the ''recreation area'', shall
be established within six months after December 27, 1974. In the
management of the recreation area, the Secretary of the Interior
(hereafter referred to as the ''Secretary'') shall utilize the
recreation area resources in a manner which will preserve its scenic,
natural, and historic setting while providing for the recreational and
educational needs of the visiting public.
(Pub. L. 93-555, 1, Dec. 27, 1974, 88 Stat. 1784.)
16 USC 460ff-1. Acquisition of land
TITLE 16 -- CONSERVATION
(a) Composition and boundaries; boundary revisions; certain
specific property
The recreational area shall comprise the lands and waters generally
depicted on the map entitled ''Boundary Map, Cuyahoga Valley National
Recreation Area, Ohio'', numbered 644-80,054 and dated July 1986, which
shall be on file and available for inspection in the offices of the
National Park Service, Department of the Interior, Washington, District
of Columbia, and in the main public library of Akron, Ohio, and
Cleveland, Ohio. After advising the Committees on Interior and Insular
Affairs of the United States Congress, in writing, the Secretary may
make minor revisions of the boundaries of the recreation area when
necessary by publication of a revised drawing or other boundary
description in the Federal Register: Provided, That with respect to the
property known as the Hydraulic Brick Company located in Independence,
Ohio, the Secretary shall have the first right of refusal to purchase
such property for a purchase price not exceeding the fair market value
of such property on the date it is offered for sale. When acquired such
property shall be administered as part of the recreation area, subject
to the laws and regulations applicable thereto. The recreation area
shall also comprise any lands designated as ''City of Akron Lands'' on
the map referred to in the first sentence which are offered as donations
to the Department of the Interior or which become privately owned. The
Secretary shall revise such map to depict such lands as part of the
recreation area.
(b) Manner of acquisition; scenic easements; donation of State
lands; private lands essential to area; transfer of Federal property
to Secretary
Within the boundaries of the recreation area, the Secretary, after
consultation with the Governor of the State of Ohio and the Advisory
Commission established in section 460ff-4 of this title, may acquire
lands, improvements, waters, or interests therein by donation, purchase
with donated or appropriated funds, exchange, or transfer. The Secretary
may not acquire fee title to any lands included within the recreation
area in 1986 which are designated on the map referred to in subsection
(a) of this section as ''Scenic Easement Acquisition Areas''. The
Secretary may acquire only scenic easements in such designated lands.
Unless consented to by the owner from which the easement is acquired,
any such scenic easement may not prohibit any activity, the subdivision
of any land, or the construction of any building or other facility if
such activity, subdivision, or construction would have been permitted
under laws and ordinances of the unit of local government in which such
land was located on April 1, 1986, as such laws and ordinances were in
effect on such date. Any lands or interests owned therein, as well as
any lands hereafter acquired, by the State of Ohio or any political
subdivision thereof (including any park district or other public entity)
may be acquired only by donation. The Secretary shall not acquire
privately owned lands which are held and used for public recreation uses
unless he determines that such lands are essential to carry out the
purposes of this subchapter. Notwithstanding any other provisions of
law, any Federal property located within the boundaries of the
recreation area may, with the concurrence of the agency having custody
thereof, be transferred without transfer of funds to the administrative
jurisdiction of the Secretary for the purposes of the recreation area.
(c) Scenic easements or other interests in improved property;
prerequisites to acquisition of fee title
With respect to improved properties, as defined in this subchapter,
the Secretary may acquire scenic easements or such other interests as,
in his judgment, are necessary for the purposes of the recreation area.
Fee title to such improved properties shall not be acquired unless the
Secretary finds that such lands are being used, or are threatened with
uses, which are detrimental to the purposes of the recreation area, or
unless such acquisition is necessary to fulfill the purposes of this
subchapter.
(d) Acquired lands partly outside boundaries; exchange for
non-Federal lands within boundaries; report to General Services
Administration for disposal
When any tract of land is only partly within the boundaries of the
recreation area, the Secretary may acquire all or any portion of the
land outside of such boundaries in order to minimize the payment of
severance costs. Land so acquired outside of the boundaries may be
exchanged by the Secretary for non-Federal lands within the boundaries.
Any portion of the land acquired outside the boundaries and not utilized
for exchange shall be reported to the General Services Administration
for disposal under the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 471 et seq.): Provided, That no disposal
shall be for less than the fair market value of the lands involved.
(e) ''Improved property'' defined; determination by Secretary
For the purposes of this subchapter, the term ''improved property''
means: (i) a detached single family dwelling, the construction of which
was begun before January 1, 1975 (hereafter referred to as
''dwelling''), together with so much of the land on which the dwelling
is situated, the said land being in the same ownership as the dwelling,
as the Secretary shall designate to be reasonably necessary for the
enjoyment of the dwelling for the sole purpose of noncommercial
residential use, together with any structures necessary to the dwelling
which are situated on the land so designated, or (ii) property developed
for agricultural uses, together with any structures accessory thereto
which were so used on or before January 1, 1975. An determining when
and to what extent a property is to be considered an ''improved
property'', the Secretary shall take into consideration the manner of
use of such buildings and lands prior to January 1, 1975, and shall
designate such lands as are reasonably necessary for the continued
enjoyment of the property in the same manner and to the same extent as
existed prior to such date. In applying this subsection with respect to
lands and interests therein added to the recreation area by action of
the Ninety-fifth Congress, the date ''January 1, 1978,'' shall be
substituted for the date ''January 1, 1975,'' in each place it appears.
(f) Retention by owner of right of use and occupancy for
noncommercial residential or agricultural purposes; terms; payment of
fair market value; termination by Secretary for use inconsistent with
statutory purpose
The owner of an improved property, as defined in this subchapter, on
the date of its acquisition, as a condition of such acquisition, may
retain for himself, his heirs and assigns, a right of use and occupancy
of the improved property for noncommercial residential or agricultural
purposes, as the case may be, for a definite term of not more than
twenty-five years, or, in lieu thereof, for a term ending at the death
of the owner or the death of his spouse, whichever is later. The owner
shall elect the term to be reserved. Unless the property is wholly or
partially donated, the Secretary shall pay to the owner the fair market
value of the property on the date of its acquisition, less the fair
market value on that date of the right retained by the owner. A right
retained by the owner pursuant to this section shall be subject to
termination by the Secretary upon his determination that it is being
exercised in a manner inconsistent with the purposes of this subchapter,
and it shall terminate by operation of law upon notification by the
Secretary to the holder of the right of such determination and tendering
to him the amount equal to the fair market value of that portion which
remains unexpired.
(g) Offers to sell by owners claiming undue hardship
In exercising his authority to acquire property under this
subchapter, the Secretary shall give prompt and careful consideration to
any offer made by an individual owning property within the recreation
area to sell such property, if such individual notifies the Secretary
that the continued ownership of such property is causing, or would
result in, undue hardship.
(Pub. L. 93-555, 2, Dec. 27, 1974, 88 Stat. 1784; Pub. L. 94-578,
title III, 323(a), Oct. 21, 1976, 90 Stat. 2742; Pub. L. 95-625, title
III, 315(a), (d), (f), Nov. 10, 1978, 92 Stat. 3483; Pub. L. 96-87,
title IV, 401(g), Oct. 12, 1979, 93 Stat. 666; Pub. L. 99-606, 16, Nov.
6, 1986, 100 Stat. 3468.)
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (d), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Provisions of that act relating to disposal of
Government property are classified to chapter 10 ( 471 et seq.) of Title
40, Public Buildings, Property, and Works. For complete classification
of this Act to the Code, see Short Title note set out under section 471
of Title 40 and Tables.
1986 -- Subsec. (a). Pub. L. 99-606, 16(1), (2), substituted
''numbered 644-80,054 and dated July 1986'' for ''numbered 655-90,001-A
and dated May 1978'' and inserted provisions relating to City of Akron
Lands on the map referred to in first sentence offered as donations or
privately owned, and revision of such map.
Subsec. (b). Pub. L. 99-606, 16(3), inserted provisions prohibiting
acquisition of fee title to any lands designated on the map referred to
in subsection (a) as ''Scenic Easement Acquisition Areas'', but
acquisition of only scenic easement with no prohibition on activities
unless consented to by owner, if such activity, etc. would have been
permitted under laws of the local government on Apr. 1, 1986.
1979 -- Subsec. (a). Pub. L. 96-87 substituted ''numbered
655-90,001-A'' for ''numbered 90,001-A''.
1978 -- Subsec. (a). Pub. L. 95-625, 315(a), (f), substituted
reference to Boundary Map ''numbered 90,001-A, and dated May 1978'' for
''numbered 90,000-A, and dated September 1976'' and inserted provision
for land acquisition of the Hydraulic Brick Company and administration
of the property as part of the recreation area.
Subsec. (e). Pub. L. 95-625, 315(d), provided for substitution of
date ''January 1, 1978'' for ''January 1, 1975'' wherever appearing in
application of the subsec. to lands and interests therein added to the
recreation area by action of the Ninety-fifth Congress.
1976 -- Subsec. (a). Pub. L. 94-578 substituted '''Boundary Map,
Cuyahoga Valley National Recreation Area, Ohio', numbered 90,000-A, and
dated September 1976'' for '''Boundary Map, Cuyahoga Valley National
Recreation Area, Ohio', numbered NRA-CUYA-20,000-A, and dated December
1974''.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
16 USC 460ff-2. Land acquisition plan
TITLE 16 -- CONSERVATION
(a) Submission to Congressional committees; time; contents
Within one year after December 27, 1974, the Secretary shall submit,
in writing, to the Committees on Interior and Insular Affairs and to the
Committees on Appropriations of the United States Congress a detailed
plan which shall indicate:
(i) the lands and areas which he deems essential to the protection
and public enjoyment of this recreation area,
(ii) the lands which he has previously acquired by purchase,
donation, exchange, or transfer for the purpose of this recreation area,
and
(iii) the annual acquisition program (including the level of funding)
which he recommends for the ensuing five fiscal years.
(b) Congressional intent for land acquisition completion
It is the express intent of the Congress that the Secretary should
substantially complete the land acquisition program contemplated by this
subchapter within six years after December 27, 1974.
(Pub. L. 93-555, 3, Dec. 27, 1974, 88 Stat. 1786.)
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
16 USC 460ff-3. Administration
TITLE 16 -- CONSERVATION
(a) Provisions applicable; utilization of authorities for
conservation and management of wildlife and natural resources
The Secretary shall administer the recreation area in accordance with
the provisions of sections 1 and 2 to 4 of this title, as amended and
supplemented. In the administration of the recreation area, the
Secretary may utilize such statutory authority available to him for the
conservation and management of wildlife and natural resources as he
deems appropriate to carry out the purposes of this subchapter.
(b) Federal-State cooperative agreements for police and fire
protection
The Secretary may enter into cooperative agreements with the State of
Ohio, or any political subdivision thereof, for the rendering, on a
reimbursable basis, of rescue, firefighting, and law enforcement
services and cooperative assistance by nearby law enforcement and fire
preventive agencies.
(c) Water resource developments; restoration of vegetative cover to
eliminate erosion
(1) The authority of the Secretary of the Army to undertake or
contribute to water resource development, including erosion control and
flood control, on land or waters within the recreation area shall be
exercised in accordance with plans which are mutually acceptable to the
Secretary of the Interior and the Secretary of the Army and which are
consistent with both the purposes of this subchapter and the purposes of
existing statutes dealing with water and related land resource
development.
(2) The Secretary is authorized and directed, in cooperation with the
Secretary of Agriculture, the State of Ohio, and affected local
governments, to undertake a program of and treatment for the purpose of
restoring suitable vegetative cover to substantially eliminate erosion
from all lands, public and private, within the authorized boundaries of
the recreation area. In the case of any private lands, within such
authorized boundaries such treatment may be undertaken only with the
consent of the owner thereof and shall be contingent upon assurances
that such land treatment will be maintained by the owner for a period of
not less than ten years. The Secretary shall, in conjunction with such
program, take such actions as may be required to correct areas of
ecological degradation which create hazards to health and safety.
(d) Inventory and evaluation of historical, cultural and
architectural sites and structures; programs for preservation,
restoration, interpretation and utilization
The Secretary, in consultation with the Governor of the State of
Ohio, shall inventory and evaluate all sites and structures within the
recreation area having present and potential historical, cultural, or
architectural significance and shall provide for appropriate programs
for the preservation, restoration, interpretation, and utilization of
them.
(e) Donations for services and facilities
Notwithstanding any other provision of law, the Secretary is
authorized to accept donations of funds, property, or services from
individuals, foundations, corporations, or public entities for the
purposes of providing services and facilities which he deems consistent
with the purposes of this subchapter.
(f) Zoning laws and ordinances; consultation and assistance with
local government or intergovernmental organization in establishment;
objectives; technical aid
The Secretary may, on his own initiative, or at the request of any
local government (or intergovernmental organization) having jurisdiction
over land located within or adjacent to the recreation area, assist and
consult with the appropriate officers and employees of such local
government (or intergovernmental organization) in establishing zoning
laws or ordinances which will assist in achieving the purposes of this
subchapter. In providing assistance pursuant to this subsection, the
Secretary shall endeavor to obtain provisions in such zoning laws or
ordinances which --
(1) have the effect of prohibiting the commercial and industrial use
(other than a use for commercial farms and orchards) of all real
property adjacent to the recreation area;
(2) aid in preserving the character of the recreation area by
appropriate restrictions on the use of real property in the vicinity
including, but not limited to, restrictions upon: building and
construction of all types; signs and billboards; the burning of cover;
cutting of timber (except tracts managed for sustained yield); removal
of topsoil, sand, or gravel; dumping, storage, or piling of refuse; or
any other use which would detract from the aesthetic character of the
recreation area; and
(3) have the effect of providing that the Secretary shall receive
notice of any hearing for the purpose of granting a variance and any
variance granted under, and of any exception made to, the application of
such law or ordinance.
Assistance under this subsection may include payments for technical
aid.
(Pub. L. 93-555, 4, Dec. 27, 1974, 88 Stat. 1787; Pub. L. 95-625,
title III, 315(e), Nov. 10, 1978, 92 Stat. 3483; Pub. L. 99-658, title
I, 104(j)(1), Nov. 14, 1986, 100 Stat. 3677.)
1986 -- Subsec. (c). Pub. L. 99-658 designated existing provision as
par. (1) and added par. (2).
1978 -- Subsec. (f). Pub. L. 95-625 inserted in introductory text
''(or intergovernmental organization)'' after ''local government'' in
two places, and last sentence providing that assistance may include
payments for technical aid.
Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 996, provided in
part that: ''appropriations for maintenance and improvement of roads
within the boundary of the Cuyahoga Valley National Recreation Area
shall be available for such purposes without regard to whether title to
such road rights-of-way is in the United States''.
16 USC 460ff-4. Cuyahoga Valley National Recreation Area Advisory
Commission
TITLE 16 -- CONSERVATION
(a) Establishment; membership; appointment; term; chairman;
vacancies
There is hereby established the Cuyahoga Valley National Recreation
Area Advisory Commission (hereafter referred to as the ''Commission'')
which shall be composed of thirteen members to be appointed by the
Secretary for terms of five years as follows:
(1) two members to be appointed from recommendations submitted by the
Board of Park Commissioners of the Akron Metropolitan Park District;
(2) two members to be appointed from recommendations submitted by the
Board of Park Commissioners of the Cleveland Metropolitan Park District;
(3) two members to be appointed from recommendations submitted by the
Governor of the State;
(4) one from the membership of an Ohio conservation organization;
(5) one from the membership of an Ohio historical society; and
(6) five members representing the general public, of which no fewer
than three shall be from among the permanent residents and electors of
Summit and Cuyahoga Counties.
The Secretary shall designate one member of the Commission as
Chairman and any vacancy shall be filled in the same manner in which the
original appointment was made.
(b) Compensation and expenses; vouchers
Members of the Commission shall serve without compensation as such,
but the Secretary may pay expenses reasonably incurred by the Commission
and reimburse members for reasonable expenses incurred in carrying out
their responsibilities under this subchapter on vouchers signed by the
Chairman.
(c) Consultations by Secretary
The Secretary, or his designee, shall from time to time but at least
semiannually, meet and consult with the Advisory Commission on matters
relating to the development of the recreation area and with respect to
carrying out the provisions of this subchapter.
(d) Termination date
Unless extended by the Congress, the Commission shall terminate ten
years after the date of the establishment of the recreation area.
(Pub. L. 93-555, 5, Dec. 27, 1974, 88 Stat. 1788.)
16 USC 460ff-5. Authorization of appropriations; master plan
TITLE 16 -- CONSERVATION
(a) Limitation on acquisition of lands and interests in lands
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this subchapter, but not more
than $70,100,000 for the acquisition of lands and interests in lands.
(b) Development of plan; consultation with State; transmittal to
Congressional committees; contents
For the development of the recreation area, including improvements of
properties acquired for purposes of this subchapter, there is authorized
to be appropriated not more than $13,000,000. Within one year from the
date of establishment of the recreation area pursuant to this
subchapter, the Secretary shall, after consulting with the Governor of
the State of Ohio, develop and transmit to the Committees on Interior
and Insular Affairs of the United States Congress a final master plan
for the development of the recreation area consistent with the
objectives of this subchapter, indicating:
(1) the facilities needed to accommodate the health, safety, and
recreation needs of the visiting public;
(2) the location and estimated cost of all facilities; and
(3) the projected need for any additional facilities within the area.
(c) Restoration of vegetative cover to eliminate erosion
There are hereby authorized to be appropriated not more than $500,000
for fiscal year 1986, $1,000,000 for fiscal year 1987, $1,500,000 for
fiscal year 1988, and $1,750,000 for fiscal year 1989, to carry out the
provisions of section 460ff-3(c)(2) of this title. Any amounts
authorized to be appropriated for any fiscal year under this subsection
which are not appropriated for that fiscal year shall remain available
for appropriation in succeeding fiscal years.
(Pub. L. 93-555, 6, Dec. 27, 1974, 88 Stat. 1788; Pub. L. 94-578,
title III, 323(b), Oct. 21, 1976, 90 Stat. 2742; Pub. L. 95-625, title
III, 315(b), (c), Nov. 10, 1978, 92 Stat. 3483; Pub. L. 99-658, title
I, 104(j)(2), Nov. 14, 1986, 100 Stat. 3678.)
1986 -- Subsec. (c). Pub. L. 99-658 added subsec. (c).
1978 -- Subsec. (a). Pub. L. 95-625, 315(b), increased
appropriations authorization to $70,100,000 from $41,100,000.
Subsec. (b). Pub. L. 95-625, 315(c), substituted ''For the
development of the recreation area, including improvements of properties
acquired for purposes of this subchapter, there is authorized to be
appropriated not more than $13,000,000'' for ''For the development of
essential public facilities there are authorized to be appropriated not
more than $500,000''.
1976 -- Subsec. (a). Pub. L. 94-578 substituted ''$41,100,000'' for
''$34,500,000''.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
Section 323(c) of Pub. L. 94-578 provided that: ''No funds
authorized by this section (amending sections 460ff-1(a) and 460ff-5 of
this title) in excess of those sums previously authorized by the Act of
December 27, 1974, (this section as originally enacted), shall be
available for expenditure before October 1, 1977.''
16 USC SUBCHAPTER XCI -- HELLS CANYON NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460gg. Recreation area
TITLE 16 -- CONSERVATION
(a) Establishment
To assure that the natural beauty, and historical and archeological
values of the Hells Canyon area and the seventy-one-mile segment of the
Snake River between Hells Canyon Dam and the Oregon-Washington border,
together with portions of certain of its tributaries and adjacent lands,
are preserved for this and future generations, and that the recreational
and ecologic values and public enjoyment of the area are thereby
enhanced, there is hereby established the Hells Canyon National
Recreation Area.
(b) Boundaries; publication in Federal Register
The Hells Canyon National Recreation Area (hereinafter referred to as
the ''recreation area''), which includes the Hells Canyon Wilderness
(hereinafter referred to as the ''wilderness''), the components of the
Wild and Scenic Rivers System designated in section 3 of this Act, and
the wilderness study areas designated in section 460gg-5(d) of this
title, shall comprise the lands and waters generally depicted on the map
entitled ''Hells Canyon National Recreation Area'' dated May 1978, which
shall be on file and available for public inspection in the office of
the Chief, Forest Service, United States Department of Agriculture. The
Secretary of Agriculture (hereinafter referred to as ''the Secretary''),
shall, as soon as practicable, but no later than eighteen months after
December 31, 1975, publish a detailed boundary description of the
recreation area, the wilderness study areas designated in section
460gg-5(d) of this title, and the wilderness established in section
460gg-1 of this title in the Federal Register.
(Pub. L. 94-199, 1, Dec. 31, 1975, 89 Stat. 1117; Pub. L. 95-625,
title VI, 607, Nov. 10, 1978, 92 Stat. 3520.)
Section 3 of this Act, referred to in subsec. (b), is section 3 of
Pub. L. 94-199. Subsec. (a) of section 3 added pars. (11) and (12) of
section 1274(a) of this title, relating to components of the national
wild and scenic rivers system. Subsec. (b) of section 3, relating to
the administration of those segments of the Snake and Rapid Rivers
designated as wild or scenic river areas, is set out as a note under
section 1274 of this title.
1978 -- Subsec. (b). Pub. L. 95-625 substituted ''May 1978'' for
''September 1975'' to clarify that the boundary between Saulsberry and
Freezeout Saddles is the hydrologic divide.
Section 17 of Pub. L. 94-199 provided that: ''If any provision of
this Act (this subchapter) is declared to be invalid, such declaration
shall not affect the validity of any other provision hereof.''
16 USC 460gg-1. Wilderness designation
TITLE 16 -- CONSERVATION
(a) Map designation
The lands depicted as the ''Hells Canyon Wilderness'' on the map
referred to in section 460gg(b) of this title are hereby designated as
wilderness.
(b) Application of Wilderness Act
The wilderness designated by this subchapter shall be administered by
the Secretary in accordance with the provisions of this subchapter or in
accordance with the provisions of the Wilderness Act (16 U.S.C. 1131 et
seq.), whichever is the more restrictive, except that any reference in
such provisions of the Wilderness Act to the effective date of that Act
shall be deemed to be a reference to the effective date of this
subchapter. The provisions of section 460gg-6(b) and section 460gg-8 of
this title shall apply to the wilderness. The Secretary shall make such
boundary revisions to the wilderness as may be necessary due to the
exercise of his authority under subsection 3(b) of this Act.
(Pub. L. 94-199, 2, Dec. 31, 1975, 89 Stat. 1117.)
This subchapter, referred to in subsec. (b), was in the original
''this Act'', which is Pub. L. 94-199, Dec. 31, 1975, 89 Stat. 1117,
which enacted sections 460gg to 460gg-13 of this title, amended sections
1274 and 1276 of this title, and enacted provisions set out as notes
under sections 460gg and 1274 of this title.
The Wilderness Act, referred to in subsec. (b), is Pub. L. 88-577,
Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally
to chapter 23 ( 1131 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1131 of this title and Tables.
The effective date of the Wilderness Act, referred to in subsec.
(b), means Sept. 3, 1964, the date of enactment of Pub. L. 88-577,
which enacted chapter 23 of this title.
The effective date of this subchapter, referred to in subsec. (b),
means Dec. 31, 1975, the date of enactment of Pub. L. 94-199.
Subsection 3(b) of this Act, referred to in subsec. (b), is subsec.
3(b) of Pub. L. 94-199, which is set out as a note under section 1274
of this title.
16 USC 460gg-2. Federal power and water resources projects
TITLE 16 -- CONSERVATION
(a) Licenses by Federal Energy Regulatory Commission
Notwithstanding any other provision of law, or any authorization
heretofore given pursuant to law, the Federal Energy Regulatory
Commission may not license the construction of any dam, water conduit,
reservoir, powerhouse, transmission line, or other project work under
the Federal Power Act (41 Stat. 1063), as amended (16 U.S.C. 791a et
seq.), within the recreation area: Provided, That the provisions of the
Federal Power Act (41 Stat. 1063) shall continue to apply to any project
(as defined in such Act), and all of the facilities and improvements
required or used in connection with the operation and maintenance of
said project, in existence within the recreation area which project is
already constructed or under construction on December 31, 1975.
(b) Assistance detrimental to protected waters
No department or agency of the United States may assist by loan,
grant, license, or otherwise the construction of any water resource
facility within the recreation area which the Secretary determines would
have a direct and adverse effect on the values for which the waters of
the area are protected.
(Pub. L. 94-199, 4, Dec. 31, 1975, 89 Stat. 1118; Pub. L. 95-91,
title IV, 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583.)
The Federal Power Act, referred to in subsec. (a), is act June 10,
1920, ch. 285, 41 Stat. 1063, as amended, which is classified
generally to chapter 12 ( 791a et seq.) of this title. For complete
classification of this Act to the Code, see section 791a of this title
and Tables.
''Federal Energy Regulatory Commission'' substituted for ''Federal
Power Commission'' in subsec. (a) pursuant to Pub. L. 95-91, 402(a)(
1)(A), which is classified to section 7172(a)(1)(A) of Title 42, The
Public Health and Welfare.
Federal Power Commission terminated and functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
part I of Federal Power Act (16 U.S.C. 792 et seq.) transferred to
Federal Energy Regulatory Commission by sections 7172(a)(1)(A) and 7293
of Title 42.
16 USC 460gg-3. Present and future use of Snake River
TITLE 16 -- CONSERVATION
(a) Waters upstream from boundaries of area
No provision of the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.), nor of this subchapter, nor any guidelines, rules, or regulations
issued hereunder, shall in any way limit, restrict, or conflict with
present and future use of the waters of the Snake River and its
tributaries upstream from the boundaries of the Hells Canyon National
Recreation Area created hereby, for beneficial uses, whether consumptive
or nonconsumptive, now or hereafter existing, including, but not limited
to, domestic, municipal, stockwater, irrigation, mining, power, or
industrial uses.
(b) Flow requirements
No flow requirements of any kind may be imposed on the waters of the
Snake River below Hells Canyon Dam under the provisions of the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.), of this subchapter, or any
guidelines, rules, or regulations adopted pursuant thereto.
(Pub. L. 94-199, 6, Dec. 31, 1975, 89 Stat. 1118.)
The Wild and Scenic Rivers Act, referred to in text, is Pub. L.
90-542, Oct. 2, 1968, 82 Stat. 906, as amended, which is classified to
chapter 28 ( 1271 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 1271
of this title and Tables.
16 USC 460gg-4. Administration, protection, and development
TITLE 16 -- CONSERVATION
Except as otherwise provided in section 460gg-1 of this title and
section 3 of this Act, and subject to the provisions of section 460gg-7
of this title, the Secretary shall administer the recreation area in
accordance with the laws, rules, and regulations applicable to the
national forests for public outdoor recreation in a manner compatible
with the following objectives:
(1) the maintenance and protection of the freeflowing nature of the
rivers within the recreation area;
(2) conservation of scenic, wilderness, cultural, scientific, and
other values contributing to the public benefit;
(3) preservation, especially in the area generally known as Hells
Canyon, of all features and peculiarities believed to be biologically
unique including, but not limited to, rare and endemic plant species,
rare combinations of aquatic, terrestrial, and atmospheric habitats, and
the rare combinations of outstanding and diverse ecosystems and parts of
ecosystems associated therewith;
(4) protection and maintenance of fish and wildlife habitat;
(5) protection of archeological and paleontologic sites and
interpretation of these sites for the public benefit and knowledge
insofar as it is compatible with protection;
(6) preservation and restoration of historic sites associated with
and typifying the economic and social history of the region and the
American West; and
(7) such management, utilization, and disposal of natural resources
on federally owned lands, including, but not limited to, timber
harvesting by selective cutting, mining, and grazing and the
continuation of such existing uses and developments as are compatible
with the provisions of this subchapter.
(Pub. L. 94-199, 7, Dec. 31, 1975, 89 Stat. 1118.)
Section 3 of this Act, referred to in text, is section 3 of Pub. L.
94-199. Subsec. (a) of section 3 added pars. (11) and (12) of section
1274(a) of this title, relating to components of the national wild and
scenic rivers system. Subsec. (b) of section 3, relating to the
administration of those segments of the Snake and Rapid Rivers
designated as wild or scenic river areas, is set out as a note under
section 1274 of this title.
16 USC 460gg-5. Management plan for recreation area
TITLE 16 -- CONSERVATION
(a) Development and submission
Within five years from December 31, 1975, the Secretary shall develop
and submit to the Committees on Interior and Insular Affairs of the
United States Senate and House of Representatives a comprehensive
management plan for the recreation area which shall provide for a broad
range of land uses and recreation opportunities.
(b) Consideration of historic, archeological and paleontological
resources; inventory; recommendation of areas for listing in National
Register of Historic Places; recommendation for protection and research
of resources
In the development of such plan, the Secretary shall consider the
historic, archeological, and paleontological resources within the
recreation area which offer significant opportunities for
anthropological research. The Secretary shall inventory such resources
and may recommend such areas as he deems suitable for listing in the
National Register of Historic Places. The Secretary's comprehensive
plan shall include recommendations for future protection and controlled
research use of all such resources.
(c) Scenic roads and other means of transit
The Secretary shall, as a part of his comprehensive planning process,
conduct a detailed study of the need for, and alternative routes of,
scenic roads and other means of transit to and within the recreation
area. In conducting such study the Secretary shall consider the
alternative for upgrading existing roads and shall, in particular, study
the need for and alternative routes of roads or other means of transit
providing access to scenic views of and from the Western rim of Hells
Canyon.
(d) Wilderness areas; review by Secretary; recommendations of
President to Congress; notice of hearings and meetings
The Secretary shall review, as to their suitability or nonsuitability
for preservation as wilderness, the areas generally depicted on the map
referred to in section 460gg of this title as the ''Lord Flat-Somers
Point Plateau Wilderness Study Area'', and the ''West Side Reservoir
Face Wilderness Study Area'', and the ''Mountain Sheep Wilderness Study
Area'' and report his findings to the President. The Secretary shall
complete his review and the President shall, within five years from
December 31, 1975, advise the United States Senate and House of
Representatives of his recommendations with respect to the designation
of lands within such area as wilderness. In conducting his review the
Secretary shall comply with the provisions of section 1132( d) of this
title and shall give public notice at least sixty days in advance of any
hearings or other public meeting concerning the wilderness study area.
The Secretary shall administer all Federal lands within the study areas
so as not to preclude their possible future designation by the Congress
as wilderness. Nothing contained herein shall limit the President in
proposing, as part of this recommendation to Congress, the designation
as wilderness of any additional area within the recreation area which is
predominately of wilderness value.
(e) Public participation in reviews and preparation of plan;
cooperation of other Federal agencies
In conducting the reviews and preparing the comprehensive management
plan required by this section, the Secretary shall provide for full
public participation and shall consider the views of all interested
agencies, organizations, and individuals including but not limited to,
the Nez Perce Tribe of Indians, and the States of Idaho, Oregon, and
Washington. The Secretaries or Directors of all Federal departments,
agencies, and commissions having a relevant expertise are hereby
authorized and directed to cooperate with the Secretary in his review
and to make such studies as the Secretary may request on a cost
reimbursable basis.
(f) Continuation of ongoing activities
Such activities as are compatible with the provisions of this
subchapter, but not limited to, timber harvesting by selective cutting,
mining, and grazing may continue during development of the comprehensive
management plan, at current levels of activity and in areas of such
activity on December 31, 1975. Further, in development of the
management plan, the Secretary shall give full consideration to
continuation of these ongoing activities in their respective areas.
(Pub. L. 94-199, 8, Dec. 31, 1975, 89 Stat. 1119.)
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
16 USC 460gg-6. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; manner of acquisition
The Secretary is authorized to acquire such lands or interests in
land (including, but not limited to, scenic easements) as he deems
necessary to accomplish the purposes of this subchapter by purchase with
donated or appropriated funds with the consent of the owner, donation,
or exchange.
(b) Acquisition without consent of owners; limitations; scenic
easements
The Secretary is further authorized to acquire by purchase with
donated or appropriated funds such lands or interests in lands without
the consent of the owner only if (1) he deems that all reasonable
efforts to acquire such lands or interests therein by negotiation have
failed, and (2) the total acreage of all other lands within the
recreation area to which he has acquired fee simple title or, lesser
interests therein without the consent of the owner is less than 5 per
centum of the total acreage which is privately owned within the
recreation area on December 31, 1975: Provided, That the Secretary may
acquire scenic easements in lands without the consent of the owner and
without restriction to such 5 per centum limitation: Provided further,
That the Secretary may only acquire scenic easements in lands without
the consent of the owner after the date of publication of the
regulations required by section 460gg-7 of this title when he determines
that such lands are being used, or are in imminent danger of being used,
in a manner incompatible with such regulations.
(c) Donation of Oregon land; donation or exchange of Idaho land
Any land or interest in land owned by the State of Oregon or any of
its political subdivisions may be acquired only by donation. Any land
or interest in land owned by the State of Idaho or any of its political
subdivisions may be acquired only by donation or exchange.
(d) ''Scenic easement'' defined
As used in this subchapter the term ''scenic easement'' means the
right to control the use of land in order to protect esthetic values for
the purposes of this subchapter, but shall not preclude the continuation
of any farming or pastoral use exercised by the owner as of December 31,
1975.
(e) Offers to sell land; hardship from delay
The Secretary shall give prompt and careful consideration to any
offer made by a person owning land within the recreation area to sell
such land to the United States. The Secretary shall specifically
consider any hardship to such person which might result from an undue
delay in acquiring his property.
(f) Exchange of land; equalization payments
In exercising his authority to acquire property by exchange, the
Secretary may accept title to any non-Federal property, or interests
therein, located within the recreation area and, notwithstanding any
other provision of law, he may convey in exchange therefor any federally
owned property within the same State which he classifies as suitable for
exchange and which is under his administrative jurisdiction: Provided,
That the values of the properties so exchanged shall be approximately
equal, or if they are not approximately equal, they shall be equalized
by the payment of cash to the grantor or to the United States as the
circumstances require. In the exercise of his exchange authority, the
Secretary may utilize authorities and procedures available to him in
connection with exchanges of national forest lands.
(g) Acquisition of mineral interests
Notwithstanding any other provision of law, the Secretary is
authorized to acquire mineral interests in lands within the recreation
area, with or without the consent of the owner. Upon acquisition of any
such interest, the lands and/or minerals covered by such interest are by
this subchapter withdrawn from entry or appropriation under the United
States mining laws and from disposition under all laws pertaining to
mineral leasing and all amendments thereto.
(h) Transfer of Federal property to Secretary
Notwithstanding any other provision of law, any Federal property
located within the recreation area may, with the concurrence of the
agency having custody thereof, be transferred without consideration to
the administrative jurisdiction of the Secretary for use by him in
carrying out the purposes of this subchapter. Lands acquired by the
Secretary or transferred to his administrative jurisdiction within the
recreation area shall become parts of the national forest within or
adjacent to which they are located.
(Pub. L. 94-199, 9, Dec. 31, 1975, 89 Stat. 1120.)
The United States mining laws, referred to in subsec. (g), are
classified generally to Title 30, Mineral Lands and Mining.
16 USC 460gg-7. Rules and regulations
TITLE 16 -- CONSERVATION
The Secretary shall promulgate, and may amend, such rules and
regulations as he deems necessary to accomplish the purposes of this
subchapter. Such rules and regulations shall include, but are not
limited to --
(a) standards for the use and development of privately owned property
within the recreation area, which rules or regulations the Secretary
may, to the extent he deems advisable, implement with the authorities
delegated to him in section 460gg-6 of this title, and which may differ
among the various parcels of land within the recreation area;
(b) standards and guidelines to insure the full protection and
preservation of the historic, archeological, and paleontological
resources in the recreation area;
(c) provision for the control of the use of motorized and mechanical
equipment for transportation over, or alteration of, the surface of any
Federal land within the recreation area;
(d) provision for the control of the use and number of motorized and
nonmotorized river craft: Provided, That the use of such craft is
hereby recognized as a valid use of the Snake River within the
recreation area; and
(e) standards for such management, utilization, and disposal of
natural resources on federally owned lands, including but not limited
to, timber harvesting by selective cutting, mining, and grazing and the
continuation of such existing uses and developments as are compatible
with the provisions of this subchapter.
(Pub. L. 94-199, 10, Dec. 31, 1975, 89 Stat. 1121.)
16 USC 460gg-8. Lands withdrawn from location, entry, and patent under
United States mining laws
TITLE 16 -- CONSERVATION
Notwithstanding the provisions of section 1133(d)(2) of this title
and subject to valid existing rights, all Federal lands located in the
recreation area are hereby withdrawn from all forms of location, entry,
and patent under the mining laws of the United States, and from
disposition under all laws pertaining to mineral leasing and all
amendments thereto.
(Pub. L. 94-199, 11, Dec. 31, 1975, 89 Stat. 1122.)
The mining laws of the United States, referred to in text, are
classified generally to Title 30, Mineral Lands and Mining.
16 USC 460gg-9. Hunting and fishing
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting and fishing on lands and waters
under his jurisdiction within the boundaries of the recreation area in
accordance with applicable laws of the United States and the States
wherein the lands and waters are located except that the Secretary may
designate zones where, and establish periods when, no hunting or fishing
shall be permitted for reasons for public safety, administration, or
public use and enjoyment. Except in emergencies, any regulations of the
Secretary pursuant to this section shall be put into effect only after
consultation with the appropriate State fish and game department.
(Pub. L. 94-199, 12, Dec. 31, 1975, 89 Stat. 1122.)
16 USC 460gg-10. Ranching, grazing, etc., as valid uses of area
TITLE 16 -- CONSERVATION
Ranching, grazing, farming, timber harvesting, and the occupation of
homes and lands associated therewith, as they exist on December 31,
1975, are recognized as traditional and valid uses of the recreation
area.
(Pub. L. 94-199, 13, Dec. 31, 1975, 89 Stat. 1122.)
16 USC 460gg-11. Civil and criminal jurisdiction of Idaho and Oregon
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall diminish, enlarge, or modify any
right of the States of Idaho, Oregon, or any political subdivisions
thereof, to exercise civil and criminal jurisdiction within the
recreation area or of rights to tax persons, corporations, franchises,
or property, including mineral or other interests, in or on lands or
waters within the recreation area.
(Pub. L. 94-199, 14, Dec. 31, 1975, 89 Stat. 1122.)
16 USC 460gg-12. Development and operation of facilities and services;
cooperation with Federal, State, etc., agencies
TITLE 16 -- CONSERVATION
The Secretary may cooperate with other Federal agencies, with State
and local public agencies, and with private individuals and agencies in
the development and operation of facilities and services in the area in
furtherance of the purposes of this subchapter, including, but not
limited to, restoration and maintenance of the historic setting and
background of towns and settlements within the recreation area.
(Pub. L. 94-199, 15, Dec. 31, 1975, 89 Stat. 1122.)
16 USC 460gg-13. Authorization of appropriations
TITLE 16 -- CONSERVATION
(a) Acquisition of lands
There is hereby authorized to be appropriated the sum of not more
than $10,000,000 for the acquisition of lands and interests in lands
within the recreation area.
(b) Development of recreation facilities
There is hereby authorized to be appropriated the sum of not more
than $10,000,000 for the development of recreation facilities within the
recreation area.
(c) Inventory, identification, development and protection of historic
and archeological sites
There is hereby authorized to be appropriated the sum of not more
than $1,500,000 for the inventory, identification, development, and
protection of the historic and archeological sites described in section
5 of this Act.
(Pub. L. 94-199, 16, Dec. 31, 1975, 89 Stat. 1122.)
Section 5 of this Act, referred to in subsec. (c), is section 5 of
Pub. L. 94-199. Subsec. (a) of section 5 added par. (57) to section
1276(a) of this title, relating to the designation of the Snake River
for potential addition to the national wildlife and scenic rivers
system. Subsec. (b) of section 5, relating to the deauthorization of
the Asotin Dam, was not classified to the Code.
16 USC SUBCHAPTER XCII -- CHICKASAW NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460hh. Establishment of recreation area; boundaries;
publication in Federal Register
TITLE 16 -- CONSERVATION
In order to provide for public outdoor recreation use and enjoyment
of Arbuckle Reservoir and land adjacent thereto, and to provide for more
efficient administration of other adjacent area containing scenic,
scientific, natural, and historic values contributing to public
enjoyment of the area and to designate the area in such manner as will
constitute a fitting memorialization of the Chickasaw Indian Nation,
there is hereby established the Chickasaw National Recreation Area
(hereinafter referred to as the ''recreation area'') consisting of lands
and interests in lands within the area as generally depicted on the
drawing entitled ''Boundary Map, Chickasaw National Recreation Area,''
numbered 107-20004-A and dated February 1974, which shall be on file and
available for inspection in the offices of the National Park Service,
Department of the Interior. The Secretary of the Interior (hereinafter
referred to as the ''Secretary'') may from time to time revise the
boundaries of the recreation area by publication of a map or other
boundary description in the Federal Register, but the total acreage of
the recreation area may not exceed ten thousand acres.
(Pub. L. 94-235, 1, Mar. 17, 1976, 90 Stat. 235.)
16 USC 460hh-1. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Authority of Secretary; manner of acquisition
The Secretary may acquire land or interests in lands within the
boundaries of the recreation area by donation, purchase with donated or
appropriated funds, or exchange. When any tract of land is only partly
within such boundaries, the Secretary may acquire all or any portion of
the land outside of such boundaries in order to minimize the payment of
severance costs. Land so acquired outside of the boundaries may be
exchanged by the Secretary for non-Federal lands within the boundaries,
and any land so acquired and not utilized for exchange shall be reported
to the General Services Administration for disposal under the Federal
Property and Administrative Services Act of 1949 (63 Stat. 377), as
amended (40 U.S.C. 471 et seq.). Any Federal property located within the
boundaries of the recreation area may be transferred without
consideration to the administrative jurisdiction of the Secretary for
the purposes of the recreation area. Lands within the boundaries of the
recreation area owned by the State of Oklahoma, or any political
subdivision thereof, may be acquired only by donation: Provided, That
the Secretary may also acquire lands by exchange with the city of
Sulphur, utilizing therefor only such lands as may be excluded from the
recreation area which were formerly within the Platt National Park.
(b) Acquisition of improved residential property; retention by
owners of right of use and occupancy for noncommercial residential
purposes; terms; payment of fair market value
With respect to improved residential property acquired for the
purposes of this subchapter, which is beneficially owned by a natural
person and which the Secretary determines can be continued in that use
for a limited period of time without undue interference with the
administration, development, or public use of the recreation area, the
owner thereof may on the date of its acquisition by the Secretary retain
a right of use and occupancy of the property for noncommercial
residential purposes for a term, as the owner may elect, ending either
(1) at the death of the owner or his spouse, whichever occurs later, or
(2) not more than twenty-five years from the date of acquisition. Any
right so retained may, during its existence, be transferred or assigned.
The Secretary shall pay to the owner the fair market value of the
property on the date of such acquisition, less the fair market value on
such date of the right retained by the owner.
(c) ''Improved residential property'' defined; determination by
Secretary
As used in this subchapter, ''improved residential property'' means a
single-family year-round dwelling, the construction of which began
before March 1, 1975, and which serves as the owner's permanent place of
abode at the time of its acquisition by the United States, together with
not more than three acres of land on which the dwelling and appurtenant
buildings are located that the Secretary finds is reasonably necessary
for the owner's continued use and occupancy of the dwelling: Provided,
That the Secretary may exclude from improved residential property any
waters and adjoining land that the Secretary deems is necessary for
public access to such waters.
(d) Termination of right of use and occupancy; determination by
Secretary
The Secretary may terminate a right to use and occupancy retained
pursuant to this section upon his determination that such use and
occupancy is being exercised in a manner not consistent with the
purposes of this subchapter, and upon tender to the holder of the right
an amount equal to the fair market value of that portion of the right
which remains unexpired on the date of termination.
(Pub. L. 94-235, 2, Mar. 17, 1976, 90 Stat. 235.)
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Provisions of that act relating to disposal of
Government property are classified to chapter 10 ( 471 et seq.) of Title
40, Public Buildings, Property, and Works. For complete classification
of this Act to the Code, see Short Title note set out under section 471
of Title 40 and Tables.
16 USC 460hh-2. Establishment of hunting and fishing zones;
exceptions; consultation with State agencies
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting and fishing on lands and waters
within the recreation area in accordance with applicable Federal and
State laws: Provided, That he may designate zones where, and establish
periods when, no hunting or fishing will be permitted for reasons of
public safety, administration, fish or wildlife management, or public
use and enjoyment. Except in emergencies, any regulations issued by the
Secretary pursuant to this section shall be put into effect only after
consultation with the appropriate State agency responsible for hunting
and fishing activities.
(Pub. L. 94-235, 3, Mar. 17, 1976, 90 Stat. 236.)
16 USC 460hh-3. Law governing; Arbuckle Dam and Reservoir
TITLE 16 -- CONSERVATION
(a) Except as otherwise provided in this subchapter, the Secretary
shall administer the recreation area in accordance with the provisions
of sections 1 and 2 to 4 of this title, as amended and supplemented.
(b) Nothing contained in this subchapter shall affect or interfere
with the authority of the Secretary by the Act of August 24, 1962 (76
Stat. 395) (43 U.S.C. 616k et seq.), to operate the Arbuckle Dam and
Reservoir in accordance with and for the purposes set forth in that Act.
(Pub. L. 94-235, 4, Mar. 17, 1976, 90 Stat. 236.)
Act of August 24, 1962, referred to in subsec. (b), is Pub. L.
87-594, Aug. 24, 1962, 76 Stat. 395, which was classified to
subchapter XL ( 616k et seq.) of chapter 12 of Title 43, Public Lands,
and which was omitted from the Code because of limited applicability.
16 USC 460hh-4. Platt National Park designation repealed;
incorporation of areas into Chickasaw National Recreation Area
TITLE 16 -- CONSERVATION
The Act of June 29, 1906 (34 Stat. 837), which directed that certain
lands now included by this subchapter in the recreation area be
designated as the Platt National Park, is hereby repealed, and such
lands shall hereafter be considered and known as an integral part of the
Chickasaw National Recreation Area: Provided, That within such area the
Secretary may cause to be erected suitable markers or plaques to honor
the memory of Orville Hitchcock Platt and to commemorate the original
establishment of Platt National Park.
(Pub. L. 94-235, 5, Mar. 17, 1976, 90 Stat. 236.)
Act of June 29, 1906, referred to in text, is act June 29, 1906, No.
42, 34 Stat. 837, which was classified to sections 151, 152, and 153 of
this title, and was repealed by Pub. L. 94-235, 5, Mar. 17, 1976, 90
Stat. 236.
16 USC 460hh-5. Concurrent legislative jurisdiction with State of
Oklahoma; requisites; publication in Federal Register
TITLE 16 -- CONSERVATION
Notwithstanding the provisions of section 153 of this title, which
retain exclusive jurisdiction in the United States, upon notification in
writing to the Secretary by the appropriate State officials of the
acceptance by the State of Oklahoma of concurrent legislative
jurisdiction over the lands formerly within the Platt National Park, the
Secretary shall publish a notice to that effect in the Federal Register
and, upon such publication, concurrent legislative jurisdiction over
such lands is hereby ceded to the State of Oklahoma: Provided, That
such cession of jurisdiction shall not occur until a written agreement
has been reached between the State of Oklahoma and the Secretary
providing for the exercise of concurrent jurisdiction over all other
lands and waters within the Chickasaw National Recreation Area.
(Pub. L. 94-235, 6, Mar. 17, 1976, 90 Stat. 236.)
16 USC 460hh-6. Authorization of appropriations
TITLE 16 -- CONSERVATION
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this subchapter, but not to
exceed $1,600,000 for the acquisition of lands and interests in lands,
and $4,567,000 for development.
(Pub. L. 94-235, 7, Mar. 17, 1976, 90 Stat. 237.)
16 USC SUBCHAPTER XCIII -- CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460ii. Establishment of recreation area; boundaries;
publication in Federal Register
TITLE 16 -- CONSERVATION
The Congress finds the natural, scenic, recreation, historic, and
other values of a forty-eight-mile segment of the Chattahoochee River
and certain adjoining lands in the State of Georgia from Buford Dam
downstream to Peachtree Creek are of special national significance, and
that such values should be preserved and protected from developments and
uses which would substantially impair or destroy them. In order to
assure such preservation and protection for public benefit and
enjoyment, there is hereby established the Chattahoochee River National
Recreation Area (hereinafter referred to as the ''recreation area'').
The recreation area shall consist of the river and its bed together with
the lands, waters, and interests therein within the boundary generally
depicted on the map entitled ''Chattahoochee River National Recreation
Area'', numbered CHAT-20,003, and dated September 1984, which shall be
on file and available for public inspection in the office of the
National Park Service, Department of the Interior. Following reasonable
notice in writing to the Committee on Interior and Insular Affairs of
the United States House of Representatives and to the Committee on
Energy and Natural Resources of the United States Senate of his
intention to do so, the Secretary of the Interior (hereinafter referred
to as the ''Secretary'') may, by publication of a revised map or other
boundary description in the Federal Register, (1) make minor revisions
in the boundary of the recreation area, and (2) revise the boundary to
facilitate access to the recreation area, or to delete lands which would
be of little or no benefit to the recreation area due to the existence
of valuable improvements completely constructed prior to August 15,
1978. The total area, exclusive of the river and its bed, within the
recreation area may not exceed approximately 6,800 acres. For purposes
of facilitating Federal technical and other support to State and local
governments to assist State and local efforts to protect the scenic,
recreational, and natural values of a 2,000 foot wide corridor adjacent
to each bank of the Chattahoochee River and its impoundments in the
48-mile segment referred to above, such corridor is hereby declared to
be an area of national concern.
(Pub. L. 95-344, title I, 101, Aug. 15, 1978, 92 Stat. 474; Pub. L.
98-568, 1(a), (b), Oct. 30, 1984, 98 Stat. 2928.)
1984 -- Pub. L. 98-568 substituted ''CHAT-20,003, and dated
September 1984'' for ''CHAT-20,000, and dated July 1976'' and
''approximately 6,800 acres'' for ''six thousand three hundred acres''
and inserted provision declaring the corridor area to be an area of
national concern.
Section 2 of Pub. L. 98-568 provided that: ''Any provision of any
amendment made by this Act (enacting section 460ii-5 of this title and
amending this section and sections 460ii-1, 460ii-3, and 460ii-4 of this
title) which, directly or indirectly, authorizes the enactment of new
budget authority described in section 402(a) of the Congressional Budget
Act of 1974 (2 U.S.C. 652(a)) shall be effective only for fiscal years
beginning after September 30, 1984.''
16 USC 460ii-1. Acquisition of property
TITLE 16 -- CONSERVATION
(a) Manner of acquisition of lands, etc., within area
Within the recreation area the Secretary is authorized to acquire
lands, waters, and interests therein by donation, purchase with donated
or appropriated funds, or exchange. Property owned by the State of
Georgia or any political subdivision thereof may be acquired only by
donation.
(b) Manner of acquisition of lands partly within and partly without
area; disposal of unutilized lands
When a tract of land lies partly within and partly without the
boundaries of the recreation area, the Secretary may acquire the entire
tract by any of the above methods in order to avoid the payment of
severance costs. Land so acquired outside of the boundaries of the
recreation area may be exchanged by the Secretary for non-Federal land
within such boundaries, and any portion of the land not utilized for
such exchanges may be disposed of in accordance with the provisions of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
471 et seq.).
(c) Acquisition of improved property used for noncommercial
residential purposes; retention by owners of right of use and occupancy
for residential purposes; terms; payment of fair market value
Except for property which the Secretary determines to be necessary
for the purposes of administration, development, access, or public use,
an owner of improved property which is used solely for noncommercial
residential purposes on the date of its acquisition by the Secretary may
retain, as a condition of such acquisition, a right of use and occupancy
of the property for such residential purposes. The right retained may be
for a definite term which shall not exceed twenty-five years or, in lieu
thereof, for a term ending at the death of the owner or the death of the
spouse, whichever occurs later. The owner shall elect the term to be
retained. The Secretary shall pay the owner the fair market value of
the property on the date of such acquisition, less the fair market value
of the term retained by the owner.
(d) Terms and conditions respecting rights of use and occupancy
retained; termination of right of use and occupancy
Any right of use and occupancy retained pursuant to this section may,
during its existence, be conveyed or transferred, but all rights of use
and occupancy shall be subject to such terms and conditions as the
Secretary deems appropriate to assure the use of the property in
accordance with the purposes of this subchapter and chapter 43 of this
title. Upon his determination that the property, or any portion
thereof, has ceased to be so used in accordance with such terms and
conditions, the Secretary may terminate the right of use and occupancy
by tendering to the holder of such right an amount equal to the fair
market value, as of the date of the tender, of that portion of the right
which remains unexpired on the date of termination.
(e) ''Improved property'' defined
As used in this section, the term ''improved property'' means a
detached, year-round noncommercial residential dwelling, the
construction of which was begun before January 1, 1975, together with so
much of the land on which the dwelling is situated, the said land being
in the same ownership as the dwelling, as the Secretary shall designate
to be reasonably necessary for the enjoyment of the dwelling for the
sole purpose of noncommercial residential use, together with any
structures accessory to the dwelling which are situated on the land so
designated.
(f) Land exchanges authority; publication of progress report in
Federal Register; termination of authority; boundary revision
exclusions
(1) The Secretary shall exchange those federally owned lands
identified on the map referenced in section 460ii of this title as
''exchange lands'' for non-Federal lands which are within the boundaries
of the recreation area. The values of the lands exchanged under this
subsection shall be equal, or shall be equalized in the same manner as
provided in section 1716 of title 43.
(2) At three year intervals after October 30, 1984, the Secretary
shall publish in the Federal Register a progress report on the land
exchanges which have taken place and the exchanges which are likely to
take place under the authority of this subsection. Such report shall
identify the lands which are unsuitable for exchange pursuant to such
authority.
(3) Effective on the date ten years after October 30, 1984, the
exchange authority of paragraph (1) shall terminate. The exchange lands
identified under paragraph (1) which have not been exchanged prior to
such date shall be retained in Federal ownership as a part of the
recreation area.
(4) The Secretary shall publish a revision of the boundary map
referred to in section 460ii of this title to exclude from the
boundaries of the recreation area any exchange lands which are used to
acquire non-Federal lands under paragraph (3).
(Pub. L. 95-344, title I, 102, Aug. 15, 1978, 92 Stat. 474; Pub. L.
98-568, 1(c), Oct. 30, 1984, 98 Stat. 2928.)
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (b), is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Provisions of that act relating to disposal of
government property are classified to chapter 10 ( 471 et seq.) of Title
40, Public Buildings, Property, and Works. For complete classification
of this Act to the Code, see Short Title note set out under section 471
of Title 40 and Tables.
1984 -- Subsec. (f). Pub. L. 98-568 added subsec. (f).
16 USC 460ii-2. Administration, protection, and development
TITLE 16 -- CONSERVATION
(a) Applicability of statutory provisions; consideration of Federal,
State, and local plans
The Secretary shall administer, protect, and develop the recreation
area in accordance with sections 1 and 2 to 4 of this title, and in
accordance with any other statutory authorities available to him for the
conservation and management of historic and natural resources, including
fish and wildlife, to the extent he finds such authority will further
the purposes of this subchapter and chapter 43 of this title. In
developing and administering the recreation area, the Secretary shall
take into consideration applicable Federal, State, and local recreation
plans and resource use and development plans, including, but not limited
to, the Atlanta Regional Commission Chattahoochee Corridor Study, dated
July 1972.
(b) Cooperative agreements with State or political subdivisions
The Secretary is authorized and encouraged to enter into cooperative
agreements with the State or its political subdivisions whereby he may
assist in the planning for and interpretation of non-Federal publicly
owned lands within or adjacent or related to the recreation area to
assure that such lands are used in a manner consistent with the findings
and purposes of this subchapter and chapter 43 of this title.
(c) Consultation with Secretary of Army
In planning for the development and public use of the recreation
area, the Secretary shall consult with the Secretary of the Army to
assure that public use of adjacent or related water resource development
or flood control projects and that of the recreation area are
complementary.
(d) Establishment, regulations governing, etc., of fishing zones
In administering the recreation area, the Secretary may permit
fishing in waters under his jurisdiction in accordance with applicable
State and Federal laws and regulations. The Secretary, after
consultation with the appropriate State agency responsible for fishing
activities, may designate zones where, and establish periods when,
fishing shall be permitted and issue such regulations as he may
determine to be necessary to carry out the provisions of this
subsection. Except in emergencies, such regulations shall be put into
effect only after consultation with the appropriate State agency.
(Pub. L. 95-344, title I, 103, Aug. 15, 1978, 92 Stat. 475.)
16 USC 460ii-3. Federal supervision of water resources projects
TITLE 16 -- CONSERVATION
(a) Limitations on licensing and assistance authorities; criteria
for upgrading, improving, etc., supply and quality enhancement programs
The Federal Energy Regulatory Commission shall not license the
construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works under the Federal Power Act
(16 U.S.C. 791a et seq.), on or directly affecting the recreation area,
and no department or agency of the United States shall assist by loan,
grant, license, or otherwise in the construction of any water resources
project that would have a direct and adverse effect on the values for
which such area is established, except where such project is determined
by the State of Georgia to be necessary for water supply or water
quality enhancement purposes and authorized by the United States
Congress. Nothing contained in the foregoing sentence, however, shall
preclude licensing of, or assistance to, developments upstream or
downstream from the recreation area or on any stream tributary thereto
which will not invade the recreation area or unreasonably diminish the
scenic, recreational, and fish and wildlife values present therein on
August 15, 1978. Nothing contained in this subsection shall preclude
the upgrading, improvement, expansion or development of facilities or
public works for water supply or water quality enhancement purposes if
such action would not have a material adverse effect on the values for
which the recreation area is established.
(b) Limitations on recommending authorizations and requesting
appropriations; applicability of local considerations and criteria
No department or agency of the United States shall recommend
authorization of any water resources project that would have a direct
and adverse effect on the values for which such area is established, as
determined by the Secretary, nor shall such department or agency request
appropriations to begin construction of any such project, whether
heretofore or hereafter authorized, without at least sixty days in
advance, (1) advising the Secretary in writing of its intention to do so
and (2) reporting to the Committee on Interior and Insular Affairs of
the United States House of Representatives and to the Committee on
Energy and Natural Resources of the United States Senate the nature of
the project involved and the manner in which such project would conflict
with the purposes of this subchapter and chapter 43 of this title or
would affect the recreation area and the values to be protected by it
under this subchapter and chapter 43 of this title. It is not the
intention of Congress by this subchapter and chapter 43 of this title to
require the manipulation or reduction of lake water levels in Lake
Sidney Lanier. Nothing in this subchapter and chapter 43 of this title
shall be construed in any way to restrict, prohibit, or affect any
recommendation of the Metropolitan Atlanta Water Resources Study as
authorized by the Public Works Committee of the United States Senate on
March 2, 1972.
(c) Expeditious acquisition of lands and interests in lands necessary
for establishment, etc., of area
The Secretary is directed to proceed as expeditiously as possible to
acquire the lands and interests in lands necessary to achieve the
purposes of this subchapter and chapter 43 of this title.
(d) Mitigation funds for adverse impacts; excepted lands;
limitation of amount; replacement lands
(1) Notwithstanding any other authority of law, any department,
agency, or instrumentality of the United States or of the State of
Georgia, or any other entity which may construct any project recommended
in the study entitled ''Metropolitan Atlanta Water Resources Management
Study, Georgia: Report of Chief of Engineers,'' dated June 1, 1982,
which directly adversely impacts any lands within the authorized
recreation boundaries of the Bowman's Island tract as shown on the map
numbered and dated CHAT-20,003, September 1984, which were in Federal
ownership as of September 1, 1984, shall, upon request by the Secretary,
mitigate such adverse impacts. It is expressly provided that use of or
adverse impact upon any other lands within the recreation area as result
of any such project shall not require mitigation. Mitigation required
by this paragraph shall be provided by payment to the United States of a
sum not to exceed $3,200,000. The mitigation funds paid pursuant to this
paragraph shall be utilized by the Secretary for the acquisition of
replacement lands. Such replacement lands shall be acquired only after
consultation with the Governor of Georgia.
(2) In acquiring replacement lands under paragraph (1) priority shall
be given to acquisition of lands within the recreation area boundary and
those lands within or adjacent to the 2,000 foot wide corridor referred
to in section 460ii of this title. Any lands acquired pursuant to this
subsection lying outside the boundaries of the recreation area shall,
upon acquisition, be included within the recreation area and transferred
to the Secretary for management under this subchapter and chapter 43 of
this title. The Secretary shall publish a revised boundary map to
include any lands added to the recreation area pursuant to this
subsection.
(3) If lands as described in paragraph (2) are not available for
acquisition, other lands within the State of Georgia may be acquired as
replacement lands under paragraph (1) if such lands are transferred to
the State of Georgia for permanent management for public outdoor
recreation.
(Pub. L. 95-344, title I, 104, Aug. 15, 1978, 92 Stat. 476; Pub. L.
98-568, 1(d), Oct. 30, 1984, 98 Stat. 2928.)
The Federal Power Act (16 U.S.C. 791a et seq.), referred to in
subsec. (a), is act June 10, 1920, ch. 285, 41 Stat. 1063, as
amended, which is classified generally to chapter 12 ( 791a et seq.) of
this title. For complete classification of this Act to the Code, see
section 791a of this title and Tables.
1984 -- Subsec. (d). Pub. L. 98-568 added subsec. (d).
16 USC 460ii-4. Funding and reporting requirements
TITLE 16 -- CONSERVATION
(a) Amounts authorized for expending for acquisition of lands and
interests in lands
From the appropriations authorized for fiscal year 1978 and
succeeding fiscal years pursuant to the Land and Water Conservation Fund
Act (78 Stat. 897), as amended (16 U.S.C. 460l-4 et seq.), not more than
$79,400,000 may be expended for the acquisition of lands and interests
in lands authorized to be acquired pursuant to the provisions of this
subchapter and chapter 43 of this title. For purposes of section
7(a)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-9(a)(3)), the statutory ceiling on appropriations under this
subsection shall be deemed to be a statutory ceiling contained in a
provision of law enacted prior to the convening of the Ninety-sixth
Congress.
(b) Authorization of appropriations for development of essential
public services
Effective on October 1, 1978, there are authorized to be appropriated
not to exceed $500,000 for the development of essential public
facilities.
(c) General management plan for use and development of area;
consulting and reporting requirements; contents
Within seven years from August 15, 1978, the Secretary shall, after
consulting with the Governor of the State of Georgia, develop and
transmit to the Committee on Interior and Insular Affairs of the United
States House of Representatives and to the Committee on Energy and
Natural Resources of the United States Senate a general management plan
for the use and development of the recreation area consistent with the
findings and purposes of this subchapter and chapter 43 of this title,
indicating:
(1) lands and interests in lands adjacent or related to the
recreation area which are deemed necessary or desirable for the purposes
of resource protection, scenic integrity, or management and
administration of the area in furtherance of the purposes of this
subchapter and chapter 43 of this title, the estimated cost of
acquisition, and the recommended public acquisition agency;
(2) the number of visitors and types of public use within the
recreation area that can be accommodated in accordance with the full
protection of its resources; and
(3) the facilities deemed necessary to accommodate and provide access
for such visitors and uses, including their location and estimated cost.
(d) Federal actions affecting corridor area; procedural
requirements: notification of Secretary, Secretary's recommendations or
notification of Congressional committees, copies of decisions and
recommendations to Congressional committees; concurrence condition;
exemptions
(1) Whenever any Federal department, agency, or instrumentality
proposes to undertake any action, or provide Federal assistance for any
action, or issue any license or permit for an action within the corridor
referred to in section 460ii of this title which may have a direct and
adverse effect on the natural or cultural resources of the recreation
area, the head of such department, agency, or instrumentality shall --
(A) promptly notify the Secretary of the action at the time it is
planning the action, preparing an environmental assessment regarding the
action, or preparing an environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
the action;
(B) provide the Secretary a reasonable opportunity to comment and
make recommendations regarding the effect of the Federal action on the
natural and cultural resources of the recreation area; and
(C) notify the Secretary of the specific decisions made in respect to
the comments and recommendations of the Secretary.
The requirements of this subsection shall be carried out in
accordance with procedures established by the Federal agency responsible
for undertaking or approving the Federal action. These procedures may
utilize the procedures developed by such Agency pursuant to the National
Environmental Policy Act (42 U.S.C. 4321 et seq.).
(2) Following receipt of notification pursuant to paragraph (1)(A),
the Secretary, after consultation with the Governor of Georgia, shall
make such comments and recommendations as the Secretary deems
appropriate pursuant to paragraph (1)(B) as promptly as practicable in
accordance with the notifying agency's procedures established pursuant
to paragraph (1)(A). In any instance in which the Secretary does not
provide comments and recommendations under paragraph (1)(B), the
Secretary shall notify in writing, the appropriate committees of
Congress.
(3) Following receipt of the notifying agency's decisions pursuant to
paragraph (1)(C), the Secretary shall submit to the appropriate
committees of Congress, including the authorizing committees with
primary jurisdiction for the program under which the proposed action is
being taken, a copy of the notifying agency's specific decisions made
pursuant to paragraph (1)(C), along with a copy of the comments and
recommendations made pursuant to paragraph (1)(B).
(4) In any instance in which the Secretary has not been notified of a
Federal agency's proposed action within the corridor, and on his or her
own determination finds that such action may have a significant adverse
effect on the natural or cultural resources of the recreation area, the
Secretary shall notify the head of such Federal agency in writing. Upon
such notification by the Secretary, such agency shall promptly comply
with the provisions of subparagraphs (A), (B), and (C) of paragraph (1)
of this subsection.
(5) Each agency or instrumentality of the United States conducting
Federal action upon federally owned lands or waters which are
administered by the Secretary and which are located within the
authorized boundary of the recreation area shall not commence such
action until such time as the Secretary has concurred in such action.
(6) The following Federal actions which constitute a major and
necessary component of an emergency action shall be exempt from the
provisions of this subsection --
(A) those necessary for safeguarding of life and property;
(B) those necessary to respond to a declared state of disaster;
(C) those necessary to respond to an imminent threat to national
security; and
(D) those that the Secretary has determined to be not inconsistent
with the general management plan for the recreation area.
Actions which are part of a project recommended in the study entitled
''Metropolitan Atlanta Water Resources Management Study, Georgia:
Report of Chief of Engineers'', dated June 1, 1982, and any Federal
action which pertains to the control of air space, which is regulated
under the Clean Air Act (42 U.S.C. 7401 et seq.), or which is required
for maintenance or rehabilitation of existing structures or facilities
shall also be exempt from the provisions of this subsection.
(Pub. L. 95-344, title I, 105, Aug. 15, 1978, 92 Stat. 476; Pub. L.
98-568, 1(e), Oct. 30, 1984, 98 Stat. 2929.)
The Land and Water Conservation Fund Act (78 Stat. 897), as amended,
referred to in subsec. (a), probably means the Land and Water
Conservation Fund Act of 1965, Pub. L. 88-578, Sept. 3, 1964, 78 Stat.
897, as amended, which is classified generally to part B ( 460l-4 et
seq.) of subchapter LXIX of this chapter. For complete classification
of this Act to the Code, see Short Title note set out under section
460l-4 of this title and Tables.
The convening of the Ninety-sixth Congress, referred to in subsec.
(a), took place on Jan. 15, 1979.
The National Environmental Policy Act of 1969, referred to in subsec.
(d)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 ( 4321 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 4321 of Title 42
and Tables.
The Clean Air Act, referred to in subsec. (d)(6), is act July 14,
1955, ch. 360, as amended generally by Pub. L. 88-206, Dec. 17, 1963,
77 Stat. 392, and later by Pub. L. 95-95, Aug. 7, 1977, 91 Stat.
685. The Clean Air Act was originally classified to chapter 15B ( 1857
et seq.) of Title 42. On enactment of Pub. L. 95-95, the Act was
reclassified to chapter 85 ( 7401 et seq.) of Title 42. For complete
classification of this Act to the Code, see Short Title note set out
under section 7401 of Title 42 and Tables.
1984 -- Subsec. (a). Pub. L. 98-568, 1(e)(1), substituted
''$79,400,000'' for ''$72,900,000'' and inserted provision respecting
applicable statutory ceiling on appropriations.
Subsec. (c). Pub. L. 98-568, 1(e)(2), substituted ''seven years'' for
''three years''.
Subsec. (d). Pub. L. 98-568, 1(e)(3), added subsec. (d).
16 USC 460ii-5. Chattahoochee River National Recreation Area Advisory
Commission
TITLE 16 -- CONSERVATION
(a) Establishment; duties; membership: voting members and Park
Superintendent as nonvoting member; Chairman
There is hereby established the Chattahoochee River National
Recreation Area Advisory Commission (hereinafter in this subchapter and
chapter 43 of this title referred to as the ''Advisory Commission'') to
advise the Secretary regarding the management and operation of the area,
protection of resources with the recreation area, and the priority of
lands to be acquired within the recreation area. The Advisory
Commission shall be composed of the following thirteen voting members
appointed by the Secretary:
(1) four members appointed from among individuals recommended by
local governments --
(A) one of whom shall be recommended by the Board of County
Commissioners of Forsyth County;
(B) one of whom shall be recommended by the Board of County
Commissioners of Fulton County;
(C) one of whom shall be recommended by the Board of County
Commissioners of Cobb County; and
(D) one of whom shall be recommended by the Board of County
Commissioners of Gwinnett County;
(2) one member appointed from among individuals recommended by the
Governor of Georgia;
(3) one member appointed from among individuals recommended by the
Atlanta Regional Commission;
(4) four members appointed from among individuals recommended by a
coalition of citizens public interest groups, recreational users, and
environmental organizations concerned with the protection and
preservation of the Chattahoochee River;
(5) one member appointed from among individuals recommended by the
Business Council of Georgia or by a local chamber of commerce in the
vicinity of the recreation area; and
(6) two members who represent the general public, at least one of
whom shall be a resident of one of the counties referred to in paragraph
(1).
In addition, the Park Superintendent for the recreation area shall
serve as a nonvoting member of the Advisory Commission. The Advisory
Commission shall designate one of its members as Chairman.
(b) Terms of office; reappointment
(1) Except as provided in paragraph (2), members of the Advisory
Commission shall serve for terms of three years. Any voting member of
the Advisory Commission may be reappointed for one additional three-year
term.
(2) The members first appointed under paragraph (1) shall serve for a
term of one year. The members first appointed under paragraphs (2),
(3), (5), and (6) shall serve for a term of two years.
(c) Meetings
The Advisory Commission shall meet on a regular basis. Notice of
meetings and agenda shall be published in local newspapers which have a
distribution which generally covers the area affected by the park.
Commission meetings shall be held at locations and in such a manner as
to insure adequate public involvement.
(d) Compensation and expenses
Members of the Commission shall serve without compensation as such,
but the Secretary may pay expenses reasonably incurred in carrying out
their responsibilities under this subchapter and chapter 43 of this
title on vouchers signed by the Chairman.
(e) Termination
The Advisory Commission shall terminate on the date ten years after
October 30, 1984.
(Pub. L. 95-344, title I, 106, as added Pub. L. 98-568, 1(f), Oct.
30, 1984, 98 Stat. 2931.)
16 USC SUBCHAPTER XCIV -- ARAPAHO NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460jj. Recreation area
TITLE 16 -- CONSERVATION
(a) Establishment
An area of land comprising approximately thirty-six thousand two
hundred thirty-five acres located in Grand County, Colorado, within the
Arapaho and the Roosevelt National Forests and the Colorado Big Thompson
project (as generally depicted as the ''Arapaho National Recreation
Area'' on a map entitled ''Indian Peaks Wilderness Area and Arapaho
National Recreation Area'', dated July 1978) is established as the
Arapaho National Recreation Area.
(b) Administration
The Secretary shall administer the Arapaho National Recreation Area,
in accordance with the laws and regulations applicable to the national
forests, in such a manner as will best provide for --
(1) public recreation and enjoyment;
(2) the conservation and development of the scenic, natural,
historic, and pastoral values of the area;
(3) the management, utilization, and disposal of natural resources
such as timber, grazing, and mineral resources so that their utilization
will not substantially impair the purposes for which the recreation area
is established; and
(4) the management of water quality in the recreation area consistent
with the development of needed water supply and waste-water systems,
including the control of aquatic vegetation in the streams, lakes, and
reservoirs within the recreation area.
(c) Management plan
The Secretary shall develop an overall management plan for the
Arapaho National Recreation Area. This plan shall be developed in
consultation with State and local political subdivisions and other
interested persons.
(Pub. L. 95-450, 4, Oct. 11, 1978, 92 Stat. 1095.)
Section 1 of Pub. L. 95-450 provided that: ''This Act (enacting
this subchapter and enacting notes set out under this section and
section 1132 of this title) may be cited as the 'Indian Peaks Wilderness
Area, the Arapaho National Recreation Area and the Oregon Islands
Wilderness Area Act'.''
Section 2 of Pub. L. 95-450 provided that: ''The Congress finds
that it is in the national interest --
''(1) to include the land within the Arapaho and the Roosevelt
National Forests known as the Indian Peaks Area in the National
Wilderness Preservation System so as to protect the area's enduring
scenic and historic wilderness character and its unique wildlife and to
preserve the area's scientific, educational, recreational, and
inspirational resources and challenges; and
''(2) to create the Arapaho National Recreation Area within the
Arapaho and the Roosevelt National Forests and the Colorado Big Thompson
project so as to preserve and protect the natural, scenic, historic,
pastoral, and wildlife resources of the area and to enhance the
recreational opportunities provided.''
16 USC 460jj-1. Land acquisition
TITLE 16 -- CONSERVATION
(a) Determination of necessity; ''scenic easement'' defined
(1) The Secretary is authorized to acquire by donation, purchase with
donated or appropriated funds, exchange, or bequest, any lands or lesser
interests therein, including mineral interests and scenic easements,
which the Secretary determines are needed to establish and manage the
Arapaho National Recreation Area. In determining what private property
is needed to establish and manage the Arapaho National Recreation Area
the Secretary shall utilize the approved county zoning plan to identify
those properties whose use or intended use is not in conformance with
the overall intent of this subchapter.
(2) As used in this section, the term ''scenic easement'' means the
right to control the use of land in order to carry out this subchapter,
but shall not preclude the continuation of any use that is compatible
with the overall management plan for the Arapaho National Recreation
Area developed pursuant to subsection (c) of section 460jj of this
title.
(b) Privately owned land
In exercising the authority conferred by this section to acquire
lands, the Secretary shall give prompt and careful consideration to any
offer made by an individual owning any land, or interest in land, within
the Arapaho National Recreation Area. In considering any such offer,
the Secretary shall take into consideration any hardship to the owner
which might result from any undue delay in acquiring the property.
Purchases made under this authority shall be made on a willing buyer,
willing seller basis.
(c) Exchange of property; cash equalization
In exercising the authority conferred by this section to acquire
property by exchange, the Secretary may accept title to any non-Federal
land, or interests therein, located within the Arapaho National
Recreation Area and the Secretary may convey in exchange therefor any
federally owned lands or interests inlands within the State of Colorado
which are classified by the Secretary as suitable for exchange and which
are under the Secretary's administrative jurisdiction. The values of
any lands or interests in lands so exchanged shall be approximately
equal, or if they are not approximately equal, they shall be equalized
by the payment of cash to the grantor or to the Secretary so long as
payment does not exceed 25 per centum of the total value of the land or
interest in land. In utilizing cash equalization in exchanges the
Secretary shall try to reduce the amount of the payment of money to as
small an amount as possible. In the exercise of his exchange authority,
the Secretary may utilize authorities and procedures available to him in
making exchanges of national forest lands.
(d) State land
Any land or interest in land owned by the State of Colorado or any of
its political subdivisions may be acquired only by donation or exchange.
(e) Transfer of Federal land
Notwithstanding any other provision of law, any Federal lands or
interests in lands located within the Arapaho National Recreation Area
shall be transferred without consideration to the administrative
jurisdiction of the Secretary for use by the Secretary in carrying out
this subchapter. Lands within the Arapaho National Recreation Area
acquired by the Secretary or transferred to the Secretary's
administrative jurisdiction shall become part of that recreation area
and of the national forest within or adjacent to which they are located:
Provided, That the operation and facilities of the Colorado Big
Thompson project shall remain under the jurisdiction of the United
States Bureau of Reclamation.
(Pub. L. 95-450, 5, Oct. 11, 1978, 92 Stat. 1096.)
This subchapter, referred to in subsecs. (a) and (e), was in the
original ''this Act'', meaning Pub. L. 95-450, Oct. 11, 1978, 92 Stat.
1095, which enacted this subchapter and enacted provisions set out as
notes under sections 460jj and 1132 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 460jj of this title and Tables.
16 USC 460jj-2. Hunting and fishing
TITLE 16 -- CONSERVATION
The Secretary shall permit hunting and fishing on lands and waters
under the Secretary's jurisdiction within the boundaries of the Arapaho
National Recreation Area in accordance with the laws of the United
States and the State of Colorado, except that the Secretary may
designate zones where, and establish periods when, no hunting or fishing
shall be permitted for reasons of public safety, area general
administration, or public use and enjoyment. Except in emergencies, any
regulations made by the Secretary pursuant to this section shall be put
into effect only after consultation with the appropriate State fish and
game department.
(Pub. L. 95-450, 6, Oct. 11, 1978, 92 Stat. 1097.)
16 USC 460jj-3. Permits for facilities and services
TITLE 16 -- CONSERVATION
The Secretary shall cooperate with other Federal agencies, with State
and local public agencies, and with private individuals and
organizations in the issuance of permits for facilities and services in
the Arapaho National Recreation Area and the development and operation
of those facilities and services.
(Pub. L. 95-450, 7, Oct. 11, 1978, 92 Stat. 1097.)
16 USC 460jj-4. Application of State water laws
TITLE 16 -- CONSERVATION
The jurisdiction of the State of Colorado and the United States over
waters of any stream included in the Arapaho National Recreation Area
shall be determined by established principles of law. Nothing in this
subchapter shall constitute an express or implied claim or denial on the
part of the Federal Government as to exemption from State water laws.
(Pub. L. 95-450, 8, Oct. 11, 1978, 92 Stat. 1097.)
16 USC 460jj-5. Filing of maps
TITLE 16 -- CONSERVATION
As soon as practicable after October 11, 1978, the Secretary shall
file a map and legal description of the Indian Peaks Wilderness Area and
the Arapaho National Recreation Area with the Committee on Energy and
Natural Resources of the Senate and the Committee on Interior and
Insular Affairs of the House of Representatives and such description
shall have the same force and effect as if included in this subchapter,
except that correction of any clerical or typographical errors in such
map and description may be made. Such map and the map entitled ''Indian
Peaks Wilderness Area and Arapaho National Recreation Area'', dated July
1978, shall be on file and made available for public inspection in the
offices of the Chief of the Forest Service, Department of Agriculture.
(Pub. L. 95-450, 9, Oct. 11, 1978, 92 Stat. 1097.)
16 USC 460jj-6. State civil and criminal jurisdiction
TITLE 16 -- CONSERVATION
Nothing in this subchapter shall diminish, enlarge, or modify any
right of the State of Colorado, or any political subdivision thereof, to
exercise civil and criminal jurisdiction within the Indian Peaks
Wilderness Area or the Arapaho National Recreation Area or of rights to
tax persons, franchises, or property, including mineral or other
interests, in or on lands or waters within those areas.
(Pub. L. 95-450, 10, Oct. 11, 1978, 92 Stat. 1098.)
16 USC 460jj-7. Authorization of appropriations
TITLE 16 -- CONSERVATION
Effective October 1, 1979, there are authorized to be appropriated to
carry out sections 1 through 10 of this Act $5,000,000 for the
acquisition of lands and interests in lands and $5,000,000 for water
quality and recreation development. Moneys appropriated from the Land
and Water Conservation Fund shall be available for the acquisition of
lands and interests therein within the Arapaho National Recreation Area.
(Pub. L. 95-450, 11, Oct. 11, 1978, 92 Stat. 1098.)
Sections 1 through 10 of this Act, referred to in text, means
sections 1 through 10 of Pub. L. 95-450, Oct. 11, 1978, 92 Stat.
1095, which enacted sections 460jj to 460jj-6 of this title and enacted
provisions set out as notes under sections 460jj and 1132 of this title.
The Land and Water Conservation Fund, referred to in text, was
established by section 460l-5 of this title.
16 USC SUBCHAPTER XCV -- SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460kk. Recreation area
TITLE 16 -- CONSERVATION
(a) Congressional findings
The Congress finds that --
(1) there are significant scenic, recreational, educational,
scientific, natural, archeological, and public health benefits provided
by the Santa Monica Mountains and adjacent coastline area;
(2) there is a national interest in protecting and preserving these
benefits for the residents of and visitors to the area; and
(3) the State of California and its local units of government have
authority to prevent or minimize adverse uses of the Santa Monica
Mountains and adjacent coastline area and can, to a great extent,
protect the health, safety, and general welfare by the use of such
authority.
(b) Establishment; management
There is hereby established the Santa Monica Mountains National
Recreation Area (hereinafter referred to as the ''recreation area'').
The Secretary shall manage the recreation area in a manner which will
preserve and enhance its scenic, natural, and historical setting and its
public health value as an airshed for the Southern California
metropolitan area while providing for the recreational and educational
need of the visiting public.
(c) Description; boundary revisions: notice to Congressional
committees, publication in Federal Register; acquisition of property:
manner, transfer from Federal agency to administrative jurisdiction of
Secretary, exchange of lands with city of Los Angeles, development of
municipal cultural resource management program; Nike Site transfer to
Secretary
(1) The recreation area shall consist of the lands and waters and
interests generally depicted as the recreation area on the map entitled
''Boundary Map, Santa Monica Mountains National Recreation Area,
California, and Santa Monica Mountains Zone'', numbered SMM-NRA 80,000,
and dated May 1978, which shall be on file and available for inspection
in the offices of the National Park Service, Department of the Interior,
Washington, District of Columbia, and in the offices of the General
Services Administration in the Federal Office Building in West Los
Angeles, California, and in the main public library in Ventura,
California. After advising the Committee on Interior and Insular
Affairs of the United States House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate, in writing,
the Secretary may make minor revisions of the boundaries of the
recreation area when necessary by publication of a revised drawing or
other boundary description in the Federal Register.
(2)(A) Not later than ninety days after November 10, 1978, the
Secretary, after consultation with the Governor of the State of
California, the California Coastal Commission, and the Santa Monica
Mountains Comprehensive Planning Commission, shall commence acquisition
of lands, improvements, waters, or interests therein within the
recreation area. Such acquisition may be by donation, purchase with
donated or appropriated funds, transfer from any Federal agency,
exchange, or otherwise. Except as provided in subparagraph (B), any
lands or interests therein owned by the State of California or any
political subdivision thereof (including any park district or other
public entity) may be acquired only by donation, except that such lands
acquired after November 10, 1978, by the State of California or its
political subdivisions may be acquired by purchase or exchange if the
Secretary determines that the lands were acquired for purposes which
further the national interest in protecting the area and that the
purchase price or value on exchange does not exceed fair market value on
the date that the State acquired the land or interest: Provided,
however, That the value of any lands acquired by the Secretary under the
exception in this sentence shall be deducted from the amount of moneys
available for grants to the State under subsection (n) of this section.
Notwithstanding any other provision of law, any Federal property located
within the boundaries of the recreation area shall, with the concurrence
of the head of the agency having custody thereof, be transferred without
cost, to the administrative jurisdiction of the Secretary for the
purposes of the recreation area.
(B) The Secretary shall negotiate, and carry out, and exchange with
the city of Los Angeles (acting through its department of water and
power) of /1/ certain federally owned lands managed by the Bureau of
Land Management in the vicinity of the Haiwee Reservoir in Inyo County
for certain lands owned by the city of Los Angeles which are associated
with the Upper Franklin Reservoir in the city of Los Angeles. Lands
acquired by the Secretary pursuant to such exchange shall be transferred
without cost to the administrative jurisdiction of the National Park
Service for inclusion within the recreation area. The Secretary shall
include in such exchange a provision for an easement to be granted to
the city of Los Angeles for the existing water pipeline associated with
the Upper Franklin Reservoir and for the city of Los Angeles to provide
for replacement water to maintain the water elevations of the Franklin
Reservoir to the current levels. The values of lands exchanged under
this provision shall be equal, or shall be equalized, in the same manner
as provided in section 1716 of title 43.
(C) The city shall assume full responsibility for the protection of
cultural resources and shall develop a cultural resource management
program for the public lands to be transferred to the city in the
vicinity of the Haiwee Reservoir. The program shall be developed in
consultation with the Secretary of the Interior, the California State
Historic Preservation Officer, and the Advisory Council on Historic
Preservation.
(3) The Administrator of the General Services Administration is
hereby authorized and directed to transfer the site generally known as
Nike Site 78 to the Secretary for inclusion in the recreation area:
Provided, That the county of Los Angeles shall be permitted to continue
to use without charge the facilities together with sufficient land as in
the determination of the Secretary shall be necessary to continue to
maintain and operate a fire suppression and training facility and shall
be excused from payment for any use of the land and facilities on the
site prior to November 10, 1978. At such time as the county of Los
Angeles, California, relinquishes control of such facilities and
adjacent land or ceases the operation of the fire suppression and
training facility, the land and facilities shall be managed by the
Secretary as a part of the recreation area.
(d) Identification and revision of areas: public ownership for
critical purposes; land and area plan: submission to Congressional
committees
(1) Within six months after November 10, 1978, the Secretary shall
identify the lands, waters, and interests within the recreation area
which must be acquired and held in public ownership for the following
critical purposes: preservation of beaches and coastal uplands;
protection of undeveloped inland stream drainage basins; connection of
existing State and local government parks and other publicly owned lands
to enhance their potential for public recreation use; protection of
existing park roads and scenic corridors, including such right-of-way as
is necessary for the protection of the Mulholland Scenic Parkway
Corridor; protection of the public health and welfare; and development
and interpretation of historic sites and recreation areas in connection
therewith, to include, but not be limited to, parks, picnic areas,
scenic overlooks, hiking trails, bicycle trails, and equestrian trails.
The Secretary may from time to time revise the identification of such
areas, and any such revisions shall become effective in the same manner
as herein provided for revisions in the boundaries of the recreation
area.
(2) By January 1, 1980, the Secretary shall submit, in writing, to
the committees referred to in subsection (c) of this section and to the
Committees on Appropriations of the United States Congress a detailed
plan which shall indicate --
(A) the lands and areas identified in paragraph (1),
(B) the lands which he has previously acquired by purchase, donation,
exchange, or transfer for the purpose of this recreation area,
(C) the annual acquisition program (including the level of funding)
recommended for the ensuing five fiscal years, and
(D) the final boundary map for the recreation area.
(e) Improved property and scenic easement acquisitions
With respect to improved properties, as defined in this section, fee
title shall not be acquired unless the Secretary finds that such lands
are being used, or are threatened with uses, which are detrimental to
the purposes of the recreation area, or unless each acquisition is
necessary to fulfill the purposes of this section. The Secretary may
acquire scenic easements to such improved property or such other
interests as, in his judgment are necessary for the purposes of the
recreation area.
(f) ''Improved property'' defined
For the purposes of this section, the term ''improved property''
means --
(1) a detached single-family dwelling, the construction of which was
begun before January 1, 1978 (hereafter referred to as ''dwelling''),
together with so much of the land on which the dwelling is situated as
is in the same ownership as the dwelling and as the Secretary designates
to be reasonably necessary for the enjoyment of the dwelling for the
sole purpose of noncommercial residential use, together with any
structures necessary to the dwelling which are situated on the land so
designated, and
(2) property developed for agricultural uses, together with any
structures accessory thereto as were used for agricultural purposes on
or before January 1, 1978.
In determining when and to what extent a property is to be treated as
''improved property'' for purposes of this section, the Secretary shall
take into consideration the manner of use of such buildings and lands
prior to January 1, 1978, and shall designate such lands as are
reasonably necessary for the continued enjoyment of the property in the
same manner and to the same extent as existed prior to such date.
(g) Owner's reservation of right of use and occupancy for fixed term
of years or life; election of term; fair market value; termination;
notification
The owner of an improved property, as defined in this section, on the
date of its acquisition, as a condition of such acquisition, may retain
for herself or himself, her or his heirs and assigns, a right of use and
occupancy of the improved property for noncommercial residential or
agriculture purposes, as the case may be, for a definite term of not
more than twenty-five years, or, in lieu thereof, for a term ending at
the death of the owner or the death of her or his spouse, whichever is
later. The owner shall elect the term to be reserved. Unless the
property is wholly or partially donated, the Secretary shall pay to the
owner the fair market value of the property on the date of its
acquisition, less the fair market value on that date of the right
retained by the owner. A right retained by the owner pursuant to this
section shall be subject to termination by the Secretary upon his
determination that it is being exercised in a manner inconsistent with
the purposes of this section, and it shall terminate by operation of law
upon notification by the Secretary to the holder of the right of such
determination and tendering to him the amount equal to the fair market
value of that portion which remains unexpired.
(h) Hardship sale offers
In exercising the authority to acquire property under this section,
the Secretary shall give prompt and careful consideration to any offer
made by an individual owning property within the recreation area to sell
such property, if such individual notifies the Secretary that the
continued ownership of such property is causing, or would result in,
undue hardship.
(i) Administration
The Secretary shall administer the recreation area in accordance with
this Act and provisions of laws generally applicable to units of the
National Park System, including sections 1 and 2 to 4 of this title. In
the administration of the recreation area, the Secretary may utilize
such statutory authority available for the conservation and management
of wildlife and natural resources as appropriate to carry out the
purpose of this section. The fragile resource areas of the recreation
area shall be administered on a low-intensity basis, as determined by
the Secretary.
(j) Cooperative agreements for rescue, fire prevention and
firefighting, and law enforcement services
The Secretary may enter into cooperative agreements with the State of
California, or any political subdivision thereof, for the rendering, on
a reimbursable basis, of rescue, firefighting, and law enforcement
services and cooperative assistance by nearby law enforcement and fire
preventive agencies.
(k) Donations
Notwithstanding any other provision of law, the Secretary is
authorized to accept donations of funds, property, or services from
individuals, foundations, corporations, or public entities for the
purpose of land acquisition and providing services and facilities which
the Secretary deems consistent with the purposes of this section.
(l) Report of Advisory Commission to Secretary
By January 1, 1981, the Santa Monica Mountains National Recreation
Area Advisory Commission, established by this section, shall submit a
report to the Secretary which shall --
(1) assess the capability and willingness of the State of California
and the local units of government to manage and operate the recreation
area,
(2) recommend any changes in ownership, management, and operation
which would better accomplish the purposes of this section, and
(3) recommend any conditions, joint management agreements, or other
land use mechanisms to be contingent on any transfer of land.
(m) Report of Secretary to Congressional committees
The Secretary, after giving careful consideration to the
recommendations set forth by the Advisory Commission, shall, by January
1, 1982, submit a report to the committees referred to in subsection (c)
of this section which shall incorporate the recommendations of the
Advisory Commission as well as set forth the Secretary's
recommendations. Such report shall --
(1) assess the benefits and costs of continued management as a unit
of the National Park System,
(2) assess the capability and willingness of the State of California
and the local units of government to manage and operate the recreation
area, and
(3) recommend any changes in ownership, management, and operation
which would better accomplish the purposes of this section.
(n) Comprehensive plan; contents; approval considerations;
environmental consultations; grants and funds; assurance and grant
requirements; plan changes: liability for reimbursement of funds,
approval by Secretary
(1) The Secretary shall request the Santa Monica Mountains
Comprehensive Planning Commission to submit a comprehensive plan,
prepared in accord with this section and title 7.75 of the California
Government Code (commencing with section 67450), for the Santa Monica
Mountains Zone generally depicted on the map referred to in subsection
(c) of this section for approval.
(2) The comprehensive plan shall include, in addition to the
requirements of California State law --
(A) an identification and designation of public and private uses
which are compatible with and which would not significantly impair the
significant scenic, recreational, educational, scientific, natural,
archeological, and public health benefits present in the zone and which
would not have an adverse impact on the recreation area or on the air
quality of the south coast air basin;
(B) a specific minimum land acquisition program which shall include,
but not be limited to, fee and less than fee acquisition of strategic
and critical sites not to be acquired by the Federal Government for
public recreational and other related uses; and a program for the
complementary use of State and local authority to regulate the use of
lands and waters within the Santa Monica Mountains Zone to the fullest
extent practicable consistent with the purposes of this section; and
(C) a recreation transportation system which may include but need not
be limited to existing public transit.
(3) No plan submitted to the Secretary under this section shall be
approved unless the Secretary finds the plan consistent with paragraph
(2) and finds that --
(A) the planning commission has afforded adequate opportunity,
including public hearings, for public involvement in the preparation and
review of the plan, and public comments were received and considered in
the plan or revision as presented to him;
(B) the State and local units of government identified in the plan as
responsible for implementing its provisions have the necessary authority
to implement the plan and such State and local units of government have
indicated their intention to use such authority to implement the plan;
(C) the plan, if implemented, would preserve significant natural,
historical, and archeological benefits and, consistent with such
benefits, provide increased recreational opportunities for persons
residing in the greater Los Angeles-southern California metropolitan
area; and
(D) implementation of the plan would not have a serious adverse
impact on the air quality or public health of the greater Los Angeles
region.
Before making his findings on the air quality and public health
impacts of the plan, the Secretary shall consult with the Administrator
of the Environmental Protection Agency.
(4) Following approval of the plan with respect to the Santa Monica
Mountains Zone, upon receipt of adequate assurances that all aspects of
that jurisdiction's implementation responsibilities will be adopted and
put into effect, the Secretary shall --
(A) provide grants to the State and through the State to local
governmental bodies for acquisition of lands, waters, and interests
therein identified in paragraph (2)(B), and for development of essential
public facilities, except that such grants shall be made only for the
acquisition of lands, waters, and interests therein, and related
essential public facilities, for park, recreation, and conservation
purposes; and
(B) provide, subject to agreements that in the opinion of the
Secretary will assure additional preservation of the lands and waters of
the zone, such funds as may be necessary to retire bonded indebtedness
for water and sewer and other utilities already incurred by property
owners which in the opinion of the Secretary would if left outstanding
contribute to further development of the zone in a manner inconsistent
with the approved plan developed by the planning commission.
No grant for acquisition of land may be made under subparagraph (A)
unless the Secretary receives satisfactory assurances that such lands
acquired under subparagraph (A) shall not be converted to other than
park, recreation, and conservation purposes without the approval of the
Secretary and without provision for suitable replacement land.
(5) Grants under this section shall be made only upon application of
the recipient State and shall be in addition to any other Federal
financial assistance for any other program, and shall be subject to such
terms and conditions as the Secretary deems necessary to carry out the
purposes of this section. Any jurisdiction that implements changes to
the approved plan which are inconsistent with the purposes of this
section, or adopts or acquiesces in changes to laws /2/ regulations or
policies necessary to implement or protect the approved plan, without
approval of the Secretary, may be liable for reimbursement of all funds
previously granted or available to it under the terms of this section
without regard to such additional terms and conditions or other
requirements of law that may be applicable to such grants. During the
life of the planning commission, changes to the plan must be submitted
by the planning commission to the Secretary for approval. No such
application for a grant may be made after the date five years from the
date of the Secretary's approval of the plan.
(o) Comments on undertakings prior to expenditure of Federal funds or
issuance of licenses or permits
The head of any Federal agency having direct or indirect jurisdiction
over a proposed Federal or federally assisted undertaking in the lands
and waters within the Santa Monica Mountains Zone, generally depicted on
the map referred to in subsection (c) of this section, and the head of
any Federal agency having authority to license or permit any undertaking
in such lands and waters shall, prior to the approval of the expenditure
of any Federal funds on such undertaking or prior to the issuance of any
license or permit, as the case may be, afford the Secretary a reasonable
opportunity to comment with regard to such undertaking and shall give
due consideration to any comments made by the Secretary and to the
effect of such undertaking on the ''findings'' and purposes of this
section.
(p) State agency recommendations; consideration
The Secretary shall give full consideration to the recommendations of
the California Department of Parks and Recreation, the Santa Monica
Mountains Comprehensive Planning Commission, and the California Coastal
Commission.
(q) Advisory Commission; establishment and termination; membership;
term; meetings; notice, publication in newspapers; compensation and
expenses; consultations of Secretary with Commission
(1) There is hereby established the Santa Monica Mountains National
Recreation Area Advisory Commission (hereinafter referred to as the
''Advisory Commission''). The Advisory Commission shall terminate ten
years after the date of establishment of the recreation area.
(2) The Advisory Commission shall be composed of the following
members to serve for terms of five years as follows:
(A) one member appointed by the Governor of the State of California;
(B) one member appointed by the mayor of the city of Los Angeles;
(C) one member appointed by the Board of Supervisors of Los Angeles
County;
(D) one member appointed by the Board of Supervisors of Ventura
County; and
(E) nine members appointed by the Secretary, one of whom shall serve
as the Commission Chairperson.
(3) The Advisory Commission shall meet on a regular basis. Notice of
meetings and agenda shall be published in local newspapers which have a
distribution which generally covers the area. Commission meetings shall
be held at locations and in such a manner as to insure adequate public
involvement. Such locations shall be in the region of the Santa Monica
Mountains and no more than twenty-five miles from it.
(4) Members of the Commission shall serve without compensation as
such, but the Secretary may pay expenses reasonably incurred in carrying
out their responsibilities under this Act on vouchers signed by the
Chairperson.
(5) The Secretary, or his or her designee, shall from time to time
but at least semiannually, meet and consult with the Advisory Commission
on matters relating to the development of this recreation area and with
respect to carrying out the provisions of this section.
(r) Authorization of appropriations for property acquisitions and
State grants
There are authorized to be appropriated such sums as may be necessary
for acquisition of lands and interests in land within the boundaries of
the recreation area established under this section, but not more than
$15,000,000 for fiscal year 1979, $40,000,000 for fiscal year 1980,
$45,000,000 for fiscal year 1981, $10,000,000 for fiscal year 1982, and
$15,000,000 for fiscal year 1983, such sums to remain available until
expended. For grants to the State pursuant to subsection (n) of this
section there are authorized to be appropriated not more than
$10,000,000 for fiscal year 1979, $10,000,000 for fiscal year 1980,
$5,000,000 for fiscal year 1981, and $5,000,000 for fiscal year 1982,
such sums to remain available until expended. For the authorizations
made in this subsection, any amounts authorized but not appropriated in
any fiscal year shall remain available for appropriation in succeeding
fiscal years.
(s) Authorization of appropriations for public facilities development
For the development of essential public facilities in the recreation
area there are authorized to be appropriated not more than $500,000.
The Congress expects that, at least until assessment of the report
required by subsection (t) of this section, any further development of
the area shall be accomplished by the State of California or local units
of government, subject to the approval of the Director, National Park
Service.
(t) General management plan; transmission to Congressional
committees
Within two years from the date of establishment of the recreation
area pursuant to this section, the Secretary shall, after consulting
with the Advisory Commission, develop and transmit to the Committees
referred to in subsection (c) of this section a general management plan
for the recreation area consistent with the objectives of this section.
Such plan shall indicate --
(1) a plan for visitor use including the facilities needed to
accommodate the health, safety, education and recreation needs of the
public;
(2) the location and estimated costs of all facilities;
(3) the projected need for any additional facilities within the area;
(4) any additions or alterations to the boundaries of the recreation
area which are necessary or desirable to the better carrying out of the
purposes of this section; and
(5) a plan for preservation of scenic, archeological and natural
values and of fragile ecological areas.
(Pub. L. 95-625, title V, 507, Nov. 10, 1978, 92 Stat. 3501; Pub.
L. 96-87, title IV, 401(j), Oct. 12, 1979, 93 Stat. 666; Pub. L.
96-199, title I, 118, Mar. 5, 1980, 94 Stat. 71; Pub. L. 98-572, Oct.
30, 1984, 98 Stat. 2946.)
This Act, referred to in subsecs. (i) and (q)(4), means Pub. L.
95-625, Nov. 10, 1978, 92 Stat. 3467, as amended, known as the
National Parks and Recreation Act of 1978. For complete classification
of this Act to the Code, see Short Title of 1978 Amendment note set out
under section 1 of this title and Tables.
1984 -- Subsec. (c)(2). Pub. L. 98-572 designated existing
provisions as subpar. (A), inserted exception clause in third sentence,
and added subpars. (B) and (C).
1980 -- Subsec. (q)(2)(E). Pub. L. 96-199 increased from 5 to 9 the
number of members appointed by the Secretary of the Interior.
1979 -- Subsec. (f)(1). Pub. L. 96-87 substituted ''construction of
which was begun before January 1, 1978'' for ''construction of which was
begun before January 1, 1976''.
/1/ So in original.
/2/ So in original. Probably should be followed by a comma.
16 USC SUBCHAPTER XCVI -- RATTLESNAKE NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460ll. Congressional findings and declaration of policy.
TITLE 16 -- CONSERVATION
(a) The Congress finds that --
(1) certain lands on the Lolo National Forest in Montana have high
value for watershed, water storage, wildlife habitat, primitive
recreation, historical, scientific, ecological, and educational
purposes. This national forest area has long been used as a wilderness
by Montanans and by people throughout the Nation who value it as a
source of solitude, wildlife, clean, free-flowing waters stored and used
for municipal purposes for over a century, and primitive recreation, to
include such activities as hiking, camping, backpacking, hunting,
fishing, horse riding, and bicycling; and
(2) certain other lands on the Lolo National Forest, while not
predominantly of wilderness quality, have high value for municipal
watershed, recreation, wildlife habitat, and ecological and educational
purposes.
(b) Therefore, it is hereby declared to be the policy of Congress
that, to further the purposes of the Wilderness Act of 1964 (16 U.S.C.
1131) and the National Forest Management Act of 1976 (16 U.S.C. 1600),
the people of the Nation and Montana would best be served by national
recreation area designation of the Rattlesnake area to include the
permanent preservation of certain of these lands under established
statutory designation as wilderness, and to promote the watershed,
recreational, wildlife, and educational values of the remainder of these
lands.
(Pub. L. 96-476, 1, Oct. 19, 1980, 94 Stat. 2271.)
The Wilderness Act (16 U.S.C. 1131), referred to in subsec. (b), is
Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 ( 1131 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 1131 of this title and Tables.
The National Forest Management Act of 1976 (16 U.S.C. 1600), referred
to in subsec. (b), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949,
as amended, which enacted sections 472a, 521b, 1600, and 1611 to 1614 of
this title, amended sections 500, 515, 516, 518, 576b, and 1601 to 1610
of this title, repealed sections 476, 513, and 514 of this title, and
enacted provisions set out as notes under sections 476, 513, 528, 594-2,
and 1600 of this title. For complete classification of this Act to the
Code, see Short Title of 1976 Amendment note set out under section 1600
of this title and Tables.
Section 1 of Pub. L. 96-476 provided: ''That this Act (enacting
this subchapter) may be cited as the 'Rattlesnake National Recreation
Area and Wilderness Act of 1980'.''
16 USC 460ll-1. Rattlesnake Wilderness
TITLE 16 -- CONSERVATION
(a) Designation of area
In furtherance of the purposes of the Wilderness Act (78 Stat. 890;
16 U.S.C. 1131), certain lands within the Rattlesnake National
Recreation Area as designated by this subchapter, which comprise
approximately 33,000 acres as generally depicted as the ''Rattlesnake
Wilderness'' on a map entitled ''Rattlesnake National Recreation Area
and Wilderness -- Proposed'', and dated October 1, 1980, are hereby
designated as wilderness and shall be known as the Rattlesnake
Wilderness.
(b) Administration
Subject to valid existing rights, the Rattlesnake Wilderness as
designated by this subchapter shall be administered by the Secretary of
Agriculture, hereafter referred to as the Secretary, in accordance with
the provisions of the Wilderness Act (16 U.S.C. 1131 et seq.) governing
areas designated by that Act as wilderness: Provided, That any
reference in such provisions to the effective date of the Wilderness Act
shall be deemed to be a reference to the effective date of this
subchapter.
(Pub. L. 96-476, 2, Oct. 19, 1980, 94 Stat. 2271.)
The Wilderness Act, referred to in text, is Pub. L. 88-577, Sept.
3, 1964, 78 Stat. 890, as amended, which is classified generally to
chapter 23 ( 1131 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 1131
of this title and Tables.
The effective date of the Wilderness Act, referred to in subsec.
(b), means Sept. 3, 1964, the date of enactment of Pub. L. 88-577,
which enacted chapter 23 of this title.
The effective date of this subchapter, referred to in subsec. (b),
means Oct. 19, 1980, the date of enactment of Pub. L. 96-476, which
enacted this subchapter.
16 USC 460ll-2. Designation of Rattlesnake National Recreation Area
TITLE 16 -- CONSERVATION
An area of land as generally depicted as the ''Rattlesnake National
Recreation Area'' on a map entitled ''Rattlesnake National Recreation
area and Wilderness -- Proposed'', and dated October 1, 1980, is hereby
established as the Rattlesnake National Recreation Area.
(Pub. L. 96-476, 3, Oct. 19, 1980, 94 Stat. 2272.)
16 USC 460ll-3. Land acquisition and exchange
TITLE 16 -- CONSERVATION
(a) Authority of Secretary of Agriculture
Within the boundaries of the Rattlesnake National Recreation Area and
Rattlesnake Wilderness, the Secretary is authorized and directed to
acquire with donated or appropriated funds including amounts
appropriated from the Land and Water Conservation Fund, by exchange,
gift, or purchase, such non-Federal lands, interests, or any other
property, in conformance with the provisions of this section. Nothing
in this subchapter shall be construed to limit or diminish the existing
authority of the Secretary to acquire lands and interests therein within
or contiguous to the Rattlesnake National Recreation Area or Rattlesnake
Wilderness.
(b) Exchange of lands for bidding rights on coal lease sales or coal
lease modifications; bidding rights as monetary credit; transfer or
sale
(1) The Secretary of the Interior, in consultation with the Secretary
of Agriculture, is authorized to consider and consummate an exchange
with the owner of the private lands or interests therein within or
contiguous to the boundaries of the Rattlesnake National Recreation Area
and Rattlesnake Wilderness, as described in sections 460ll-1 and 460ll-2
of this title, by which the Secretary of the Interior may accept
conveyance of title to these private lands for the United States and in
exchange issue bidding rights that may be exercised in competitive coal
lease sales, or in coal lease modifications, or both, under sections 2
and 3 of the Mineral Lands Leasing Act of 1920, as amended (30 U.S.C.
201(a), 203). Any lands so acquired shall become national forest lands
under the jurisdiction of the Secretary of Agriculture to be managed in
accordance with the provisions of this subchapter and other laws
applicable to the management of national forest lands. Nothing in this
subchapter shall be construed to limit or diminish any existing
authority of the Secretaries of the Interior and Agriculture to acquire
private lands and interests therein in the Rattlesnake National
Recreation Area and Rattlesnake Wilderness. Nothing in this subchapter
shall be construed to require any owner of the lands within or
contiguous to the Rattlesnake National Recreation Area or Rattlesnake
Wilderness to accept coal lease bidding rights in exchange for title to
those private lands.
(2) The coal lease bidding rights to be issued may be exercised as
payment of bonus or other payment required of the successful bidder for
a competitive coal lease, or required of an applicant for a coal lease
modification. The bidding rights shall equal the fair market value of
the private lands or interests therein conveyed in exchange for their
issuance. The use and exercise of the bidding rights shall be subject
to the provisions of the Secretary of the Interior's regulations
governing coal lease bidding rights, to the extent that they are not
inconsistent with this subchapter, that are in effect at the time the
bidding rights are issued.
(3) If for any reason, including but not limited to the failure of
the Secretary of the Interior to offer for lease lands in the Montana
portion of the Powder River Coal Production Region as defined in the
Federal Register of November 9, 1979 (44 F.R. 65196), or the failure of
the holder of the bidding rights to submit a successful high bid for any
such leases, any bidding rights issued in an exchange under this
subchapter have not been exercised within two years from October 31,
1983, the bidding rights may be used as a monetary credit, which shall
be considered ''money'' within the meaning of section 35 of the Mineral
Lands Leasing Act of 1920 (30 U.S.C. 191), against that portion of bonus
payments, rental or royalty payments paid into the Treasury of the
United States and retained by the Federal Government on any Federal coal
lease won or otherwise held by the applicant, its successors or assigns.
The holder of the bidding rights shall pay the balance due on such
bonus payments, rental or royalty payments in cash for transmittal to
the States in the same manner and in the same amounts as though the
entire payment were made in cash under the provisions of the Mineral
Leasing Act of 1920 as amended (30 U.S.C. 181 et seq.). The bidding
rights may be transferred or sold at any time by the owner to any other
party with all the rights of the owner to the credit, and after such
transfer, the owner shall notify the Secretary.
(4) It is the intent of Congress that the exchange of bidding rights
for the private lands or interests therein authorized by this subchapter
shall occur within three years of October 19, 1980.
(5) In order to facilitate the exchange authorized by this
subchapter, the Executive order captioned ''Order of Withdrawal'', of
June 6, 1929, creating ''Coal Reserve No. 1, Montana, No. 1'', is
hereby revoked to the extent that it constitutes a withdrawal of the
lands therein from disposal under the Mineral Lands Leasing Act of 1920,
as amended (30 U.S.C. 181 et seq.).
(c) Exchange of lands involving Burlington Northern, Inc.
The exchange of lands involving Burlington Northern, Inc. shall be
in accordance with the agreement entitled ''Statement of Intent''
entered into by Burlington Northern, Inc. and the Regional Forester of
the United States Forest Service, Region 1, signed September 18, 1980,
and it is the intent of Congress that this exchange shall occur within
three years of October 19, 1980.
(d) Non-Federal lands; water rights
(1) As non-Federal lands and interests in the Rattlesnake National
Recreation Area are acquired, the lands shall become part of the
Rattlesnake National Recreation Area. As non-Federal lands and
interests in the Rattlesnake Wilderness are acquired, the lands shall
become part of the Rattlesnake Wilderness. The Secretary shall publish
from time to time a notice of such classifications in the Federal
Register. It is the intention of Congress that acquisition of the
non-Federal lands shall be completed no later than three years after
October 19, 1980.
(2) Nothing in this subchapter shall be construed to permit the
Secretary to affect or diminish any water right which is vested under
either State or Federal law on October 19, 1980, nor the rights of the
owner of such water right to the customary and usual access, including
necessary motorized use over and along existing roads and trails to any
facilities used in connection therewith, and the right to operate and
maintain such facilities.
(e) Exchange of land owned by Montana Power Company for bidding
rights
The Secretary of the Interior, in consultation with the Secretary of
Agriculture, shall consummate the exchange of the lands owned by the
Montana Power Company within the boundaries of the Rattlesnake National
Recreation Area and Rattlesnake Wilderness by issuing bidding rights to
the Montana Power Company which shall equal the negotiated cash
equivalent of the fair market value of such Montana Power Company lands,
as provided in the agreement of April 4, 1983, signed by the authorized
representatives of the Secretary of Agriculture, the Secretary of the
Interior and the Montana Power Company, except that adjustments in the
''Cash Equivalency Rate'' referred to in said agreement shall not exceed
a rate determined by the Secretary of the Interior taking into
consideration the current average market yield on outstanding marketable
obligations of the United States with remaining periods to maturity
comparable to the remaining period during which the bidding rights may
be used.
(Pub. L. 96-476, 4, Oct. 19, 1980, 94 Stat. 2272; Pub. L. 98-140, 7,
Oct. 31, 1983, 97 Stat. 907.)
Section 2 of the Mineral Lands Leasing Act of 1920, referred to in
subsec. (b)(1), probably means section 2(a) of the Mineral Lands
Leasing Act of 1920, act Feb. 25, 1920, ch. 85, 2(a), 41 Stat. 438,
which enacted section 201(a) of Title 30, Mineral Lands and Mining.
Section 2(b) to (d) of the Mineral Lands Leasing Act of 1920 enacted
sections 201(b), 202, and 202(a) of Title 30, respectively.
The Mineral Lands Leasing Act of 1920, as amended, referred to in
subsec. (b)(3), (5), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as
amended, known as the Mineral Leasing Act, which is classified generally
to chapter 3A ( 181 et seq.) of Title 30. For complete classification
of this Act to the Code, see Short Title note set out under section 181
of Title 30 and Tables.
In subsec. (b)(3), ''October 31, 1983'' substituted for ''the date
of enactment of this Act'', meaning the date of enactment of Pub. L.
98-140, section 7(a) of which amended generally subsec. (b)(3), as the
probable intent of Congress.
1983 -- Subsec. (b)(3). Pub. L. 98-140, 7(a), amended par. (3)
generally, substituting ''two years from October 31, 1983, the bidding
rights may be used as a monetary credit, which shall be considered
'money' within the meaning of section 35 of the Mineral Lands Leasing
Act of 1920 (30 U.S.C. 191), against that portion of bonus payments,
rental or royalty payments paid into the Treasury of the United States
and retained by the Federal Government on any Federal coal lease won or
otherwise held by the applicant, its successors or assigns'' for ''three
years from October 19, 1980, the holder of the bidding rights may, at
its election, use the outstanding bidding rights as a credit against any
royalty, rental, or advance royalty payments owed to the United States
on any Federal coal lease(s) it may then hold'' and inserting provisions
that the holder of the bidding rights shall pay the balance due on such
bonus payments, rental or royalty payments in cash for transmittal to
the States in the same manner and in the same amounts as though the
entire payment were made in cash under the provisions of the Mineral
Leasing Act of 1920 as amended, and that the bidding rights may be
transferred or sold at any time by the owner to any other party with all
the rights of the owner to the credit, and after such transfer, the
owner shall notify the Secretary.
Subsec. (e). Pub. L. 98-140, 7(b), added subsec. (e).
16 USC 460ll-4. Filing of maps and descriptions
TITLE 16 -- CONSERVATION
As soon as practicable after October 19, 1980, a map and legal
description of the Rattlesnake National Recreational Area and a map and
legal description of the Rattlesnake Wilderness shall be filed with the
Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources of the
United States Senate, and such maps and legal descriptions shall have
the same force and effect as if included in this subchapter: Provided,
however, That correction of clerical and typographical errors in such
legal descriptions and maps may be made.
(Pub. L. 96-476, 5, Oct. 19, 1980, 94 Stat. 2273.)
16 USC 460ll-5. Authorization of appropriations
TITLE 16 -- CONSERVATION
Effective October 1, 1981, there is hereby authorized to be
appropriated such funds as may be necessary to carry out the purposes of
this subchapter.
(Pub. L. 96-476, 6, Oct. 19, 1980, 94 Stat. 2274.)
16 USC SUBCHAPTER XCVIII -- STEESE NATIONAL CONSERVATION AREA AND WHITE
MOUNTAINS NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460mm. Conservation area
TITLE 16 -- CONSERVATION
(a) Establishment
In order to provide for the immediate and future protection of the
lands in Federal ownership within the framework of a program of multiple
use and sustained yield and for the maintenance of environmental
quality, the Steese National Conservation Area is hereby established.
(b) Boundaries; special values
The Steese National Conservation Area shall include approximately one
million two hundred twenty thousand acres of public lands, as generally
depicted on the map entitled ''Steese National Conservation Area --
proposed'', and dated October 1978. Special values to be considered in
planning and management of the area are: caribou range and Birch Creek.
(Pub. L. 96-487, title IV, 401, Dec. 2, 1980, 94 Stat. 2396.)
16 USC 460mm-1. Administration of conservation area
TITLE 16 -- CONSERVATION
(a) Management and use of land; land use plan
Subject to valid existing rights, the Secretary, through the Bureau
of Land Management, shall administer the Steese National Conservation
Area established in section 460mm of this title pursuant to the
applicable provisions of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.) dealing with the management and use of
land in Federal ownership, and shall, within five years of Dec. 2, 1980,
develop a land use plan for each such area, and for the area established
in section 460mm-2 of this title.
(b) Transfer of lands; mineral exploration and development
No public lands within the national conservation area shall be
transferred out of Federal ownership except by exchange pursuant to
section 206 of the Federal Land Policy and Management Act (43 U.S.C.
1716). Where consistent with the land use plans for the area, mineral
development may be permitted pursuant to the Mineral Leasing Act of
1920, as amended, and supplemented (30 U.S.C. 181-287) or the Materials
Act of 1947, as amended (30 U.S.C. 601-603). Subject to valid existing
rights, the minerals in Federal lands within national conservation areas
are hereby withdrawn from location, entry, and patent under the United
States mining laws (30 U.S.C. 22-54). Where consistent with the land use
plan for the area, the Secretary may classify lands within national
conservation areas as suitable for locatable mineral exploration and
development and open such lands to entry, location, and patent under the
United States mining laws (30 U.S.C. 22-54).
(c) Regulation of mining activities
Subject to valid existing rights, all mining claims located within
any such unit shall be subject to such reasonable regulations as the
Secretary may prescribe to assure that mining will, to the maximum
extent practicable, be consistent with protection of the scenic,
scientific, cultural, and other resources of the area and any patent
issued after December 2, 1980, shall convey title only to the minerals
together with the right to use the surface of lands for mining purposes
subject to such reasonable regulations as the Secretary may prescribe as
aforesaid.
(Pub. L. 96-487, title IV, 402, Dec. 2, 1980, 94 Stat. 2396.)
The Federal Land Policy and Management Act of 1976, referred to in
subsec. (a), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
amended, which is classified principally to chapter 35 ( 1701 et seq.)
of Title 43, Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 1701 of Title 43
and Tables.
The Mineral Leasing Act of 1920, as amended, and supplemented,
referred to in subsec. (b), is act Feb. 25, 1920, ch. 85, 41 Stat.
437, as amended, known as the Mineral Leasing Act, which is classified
generally to chapter 3A ( 181 et seq.) of Title 30, Mineral Lands and
Mining. For complete classification of this Act to the Code, see Short
Title note set out under section 181 of Title 30 and Tables.
The Materials Act of 1947, as amended, referred to in subsec. (b), is
act July 31, 1947, ch. 406, 61 Stat. 681, as amended, which is
classified generally to subchapter I ( 601 et seq.) of chapter 15 of
Title 30. For complete classification of this Act to the Code, see
Short Title note set out under section 601 of Title 30 and Tables.
16 USC 460mm-2. Establishment of recreation area
TITLE 16 -- CONSERVATION
There is hereby established the White Mountains National Recreation
Area containing approximately one million acres of public lands, as
generally depicted on the map entitled ''White Mountains National
Recreation Area -- proposed'', and dated October 1978. Subject to valid
existing rights, the Secretary shall administer the area in accordance
with the provisions of section 460mm-4 of this title and other
applicable provisions of this Act, the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable
law. In planning for the recreational use and management of this area,
the Secretary shall work closely with the State of Alaska.
(Pub. L. 96-487, title IV, 403, Dec. 2, 1980, 94 Stat. 2397.)
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980, 94
Stat. 2371, as amended, known as the Alaska National Interest Lands
Conservation Act. For complete classification of this Act to the Code,
see Short Title note set out under section 3101 of this title and
Tables.
The Federal Land Policy and Management Act of 1976, referred to in
text, is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended,
which is classified principally to chapter 35 ( 1701 et seq.) of Title
43, Public Lands. For complete classification of this Act to the Code,
see Short Title note set out under section 1701 of Title 43 and Tables.
16 USC 460mm-3. Rights of holders of unperfected mining claims
TITLE 16 -- CONSERVATION
(a) ''Unperfected mining claim'' defined
The term ''unperfected mining claim'' as used in this section, means
a mining claim which is located on lands within the boundaries of the
White Mountains National Recreation Area or Steese National Conservation
Area established pursuant to this subchapter with respect to which a
valid mineral discovery within the meaning of the mining laws of the
United States, was not made as of the date of the withdrawal of such
area from further appropriation under the mining laws of the United
States.
(b) Moratorium on contest proceedings
Any holder of an unperfected mining claim seeking to protect such
claim pursuant to this section must have maintained and must continue to
maintain such claim in compliance with applicable Federal and State
laws, and where applicable, must have obtained and complied with any
mining access permit requirements imposed by the Department of the
Interior during the 1979 mining season. Prior to September 30, 1982, no
unperfected mining claim which has been maintained in accordance with
this subsection shall be contested by the United States for failure to
have made a valid mineral discovery within the meaning of the mining
laws of the United States: Provided, That such claim shall be
diligently prosecuted during this moratorium on contest proceedings as a
condition for the moratorium. Any mining operation undertaken pursuant
to this subsection, including but not limited to exploration,
development, and extraction, shall be subject to such reasonable
regulations as the Secretary may prescribe to assure that such
operations will, to the maximum extend practicable, be consistent with
protection of the scenic, scientific, cultural, and other resources of
the Steese National Conservation Area or the White Mountains National
Recreation Area or any affected conservation system units established or
expanded by this Act.
(c) Valid mineral discovery
If the holder of an unperfected mining claim notifies the Secretary
by filing an application for a patent that, as a result of mining
operations in compliance with the requirements of subsection (b) of this
section, he has made a valid mineral discovery of such claim within the
meaning of the mining laws of the United States, and if the Secretary
determines that such claim contains a valid mineral discovery, the
holder of such claim shall be entitled to the issuance of a patent only
to the minerals in such claim pursuant to the mining laws of the United
States. The holder of such a patent shall also be entitled to the use
of so much of the surface estate of the lands comprising the claim as
may be necessary for mining purposes: Provided, That all mining
operations conducted upon a claim after such a valid mineral discovery
has been made, shall be in accordance with such reasonable regulations
as may be issued by the Secretary pursuant to the authority granted in
subsection (b) of this section.
(d) Validity determination
If an application for a patent is filed by the holder of an
unperfected mining claim pursuant to subsection (c) of this section or
if a contest proceeding is initiated by the United States after
September 30, 1982, the validity of each claim shall be determined as of
the date of the patent application or September 30, 1982, whichever is
earlier. the holder of an unperfected mining claim not subject to a
patent application filed prior to September 30, 1982, shall submit to
the Secretary within one hundred and eighty days after such date all
mineral data compiled during the contest proceeding moratorium which
would support a valid mineral discovery within the meaning of the mining
laws of the United States. Failure to submit such data within the
one-hundred-and-eighty-day period shall preclude its consideration in a
subsequent determination of the validity of each affected claim. Except
as specifically provided for in this section, nothing shall alter the
criteria applied under the general mining laws of the United States to
adjudicate the validity of unperfected mining claims.
(e) Access to claims
Pursuant to the provisions of this section and section 3170 of this
title, reasonable access shall be granted to an unperfected mining claim
for purposes of making a valid discovery of mineral until September 30,
1982.
(f) Preference rights
The holder of any unperfected mining claim which was, prior to
November 16, 1978, located, recorded, and maintained in accordance with
applicable Federal and State laws on lands located within the boundaries
of the Steese National Conservation Area, or the White Mountains
National Recreation Area established by this subchapter, shall be
entitled during a two-year period after the date that the Secretary
exercises his authority under section 460mm-1 or 460mm-4 of this title
to open an area containing such claim to mining, (1) to a preference
right to rerecord his claim under applicable law and to develop such
claim under section 460mm-1 of this title or (2) to obtain a lease to
remove nonleasable minerals from the claim under section 460mm-4 of this
title.
(Pub. L. 96-487, title IV, 404, Dec. 2, 1980, 94 Stat. 2397.)
The mining laws of the United States, referred to in subsecs. (a) to
(d), are classified generally to Title 30, Mineral Lands and Mining.
This Act, referred to in subsec. (b), is Pub. L. 96-487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to the
Code, see Short Title note set out under section 3101 of this title and
Tables.
16 USC 460mm-4. Administration of recreation area
TITLE 16 -- CONSERVATION
(a) Recreation, conservation, and resource development
The White Mountains National Recreation area established by this Act
shall be administered by the Secretary in order to provide for public
outdoor recreation use and enjoyment and for the conservation of the
scenic, scientific, historic, fish and wildlife, and other values
contributing to public enjoyment of such area. Except as otherwise
provided in this Act, the Secretary shall administer the recreation area
in a manner which in his judgment will best provide for (1) public
outdoor recreation benefits; (2) conservation of scenic, scientific,
historic, fish and wildlife, and other values contributing to public
enjoyment; and (3) such management, utilization, and disposal of
natural resources and the continuation of such existing uses and
developments as will promote, or are compatible with, or do not
significantly impair public recreation and conservation of the scenic,
scientific, historic, fish and wildlife, or other values contributing to
public enjoyment. In administering the recreation area, the Secretary
may utilize such statutory authorities available to him for the
conservation and management of natural resources as he deems appropriate
for recreation and preservation purposes and for resource development
compatible therewith.
(b) Withdrawal of lands from selection and mining; exceptions
The lands within the recreation area, subject to valid existing
rights, are hereby withdrawn from State selection under the Alaska
Statehood Act or other law, and from location, entry, and patent under
the United States mining laws. The Secretary under such reasonable
regulations as he deems appropriate, may permit the removal of the
nonleasable minerals from lands or interests in lands within the
recreation area in the manner described by section 387 of title 43, and
he may permit the removal of leasable minerals from lands or interests
in lands within the recreation areas in accordance with the mineral
leasing laws, if he finds that such disposition would not have
significant adverse effects on the administration of the recreation
areas.
(c) Disposal of receipts
All receipts derived from permits and leases issued on lands or
interest in lands within the recreation area under the mineral leasing
laws shall be disposed of as provided in such laws; and receipts from
the disposition of nonleasable minerals within the recreation area shall
be disposed of in the same manner as moneys received from the sale of
public lands.
(Pub. L. 96-487, title XIII, 1312, Dec. 2, 1980, 94 Stat. 2483.)
This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to the
Code, see Short Title note set out under section 3101 of this title and
Tables.
The Alaska Statehood Act, referred to in subsec. (b), is Pub. L.
85-508, July 7, 1958, 72 Stat. 339, as amended, which is set out as a
note preceding section 21 of Title 48, Territories and Insular
Possessions. For complete classification of this Act to the Code, see
Tables.
The United States mining laws, referred to in subsec. (b), are
classified generally to Title 30, Mineral Lands and Mining.
The mineral leasing laws, referred to in subsecs. (b) and (c), have
been defined in sections 351, 505, 530, and 541e of Title 30, to mean
acts Oct. 20, 1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85, 41
Stat. 437; Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927,
ch. 66, 44 Stat. 1057. The act of Oct. 20, 1914, was repealed by Pub.
L. 86-252, 1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920,
is known as the Mineral Leasing Act and is classified generally to
chapter 3A ( 181 et seq.) of Title 30. The act of Apr. 17, 1926, is
classified generally to subchapter VIII ( 271 et seq.) of chapter 3A of
Title 30. The act of Feb. 7, 1927, is classified principally to
subchapter IX ( 281 et seq.) of chapter 3A of Title 30. For complete
classification of these Acts to the Code, see Tables.
Section was not enacted as part of title IV of Pub. L. 96-487, which
comprises this subchapter.
16 USC SUBCHAPTER XCIX -- WHITE ROCKS NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460nn. Congressional findings and policy
TITLE 16 -- CONSERVATION
(a) Congress finds that --
(1) Vermont is a beautiful but small and rural State, situated near
four large cities with combined metropolitan populations of over fifteen
million;
(2) geographic and topographic characteristics of Vermont provide
opportunities for large numbers of people to experience the beauty of
primitive areas, but also place unusual pressure to provide options to
maximize the availability of such lands for a variety of forms of
recreation;
(3) certain lands designated as the Big Branch and Peru Peak
Wilderness Areas by title I of this Act are suitable for inclusion as
part of the national recreation area; and
(4) certain other lands in the Green Mountain National Forest not
designated as wilderness by this Act are of a predominantly roadless
nature and possess outstanding wild values that are important for
primitive and semiprimitive recreation, watershed protection, wildlife
habitat, ecological study, education, and historic and archeological
resources, and are deemed suitable for preservation and protection as
part of a national recreation area.
(b) The purpose of this subchapter is to designate certain National
Forest System lands in the State of Vermont as the White Rocks National
Recreation Area in order to preserve and protect their existing
wilderness and wild values and to promote wild forest and aquatic
habitat for wildlife, watershed protection, opportunities for primitive
and semiprimitive recreation, and scenic, ecological, and scientific
values.
(Pub. L. 98-322, title II, 201, June 19, 1984, 98 Stat. 256.)
This Act, referred to in subsec. (a)(3), (4), is Pub. L. 98-322,
June 19, 1984, 98 Stat. 253. Lands in the Green Mountain National
Forest were designated as wilderness areas by title I of this Act, and
are listed in a table set out under section 1132 of this title. For
complete classification of this Act to the Code, see Tables.
16 USC 460nn-1. Designation of recreation area
TITLE 16 -- CONSERVATION
In furtherance of the findings and purposes of this subchapter,
certain lands in the Green Mountain National Forest, Vermont, which
comprise approximately thirty-six thousand four hundred acres, as
generally depicted on a map entitled ''White Rocks National Recreation
Area -- Proposed'', dated September 1983, are hereby designated as the
White Rocks National Recreation Area.
(Pub. L. 98-322, title II, 202, June 19, 1984, 98 Stat. 257.)
16 USC 460nn-2. Map and description
TITLE 16 -- CONSERVATION
As soon as practicable after June 19, 1984, the Secretary of
Agriculture shall file a map and legal description of the national
recreation area designated by this subchapter with the Committee on
Interior and Insular Affairs and the Committee on Agriculture of the
United States House of Representatives and with the Committee on
Agriculture, Nutrition, and Forestry of the United States Senate. Such
map and description shall have the same force and effect as if included
in this subchapter, except that correction of clerical and typographical
errors in such map and description may be made by the Secretary. Such
map and description shall be on file and available for public inspection
in the Office of the Chief of the Forest Service, Department of
Agriculture.
(Pub. L. 98-322, title II, 203, June 19, 1984, 98 Stat. 257.)
16 USC 460nn-3. Administration
TITLE 16 -- CONSERVATION
(a) Objectives
Subject to valid existing rights, the White Rocks National Recreation
Area designated by this subchapter shall be administered by the
Secretary of Agriculture in accordance with the findings and purpose of
this subchapter and the laws, rules, and regulations applicable to the
national forests in a manner compatible with the following objectives:
(1) the continuation of existing primitive and semiprimitive
recreational use in a natural environment;
(2) utilization of natural resources shall be permitted only if
consistent with the findings and purposes in this subchapter;
(3) preservation and protection of forest and aquatic habitat for
fish and wildlife; and
(4) protection and conservation of special areas having uncommon or
outstanding wilderness, biological, geological, recreational, cultural,
historical or archeological, and scientific, or other values
contributing to the public benefit.
(b) Mineral leasing laws
Notwithstanding any other provision of law, federally-owned lands
within the White Rocks National Recreation Area as designated by this
subchapter are hereby withdrawn from all forms of appropriation under
the mineral leasing laws, including all laws pertaining to geothermal
leasing, and all amendments thereto.
(c) Hunting, fishing, and trapping
The Secretary shall permit hunting, fishing, and trapping on lands
and waters under the Secretary's jurisdiction within the boundaries of
the national recreation area designated by this subchapter in accordance
with applicable laws of the United States and the State of Vermont.
(d) Comprehensive management plan
Within eighteen months after June 19, 1984, the Secretary shall
develop and submit to the Committee on Interior and Insular Affairs and
the Committee on Agriculture of the United States House of
Representatives and to the Committee on Agriculture, Nutrition, and
Forestry of the United States Senate a comprehensive management plan for
the national recreation area designated by this subchapter.
(e) Public participation in development of management plan
In conducting the reviews and preparing the comprehensive management
plan required by subsection (d) of this section, the Secretary shall
provide for full public participation, shall consider the views of all
interested agencies, organizations, and individuals, and shall
particularly emphasize the values enumerated in section 460nn(a)(4) of
this title.
(Pub. L. 98-322, title II, 204, June 19, 1984, 98 Stat. 257.)
Mineral leasing laws, referred to in subsec. (b), have been defined
in sections 351, 505, 530, and 541e of Title 30, Mineral Lands and
Mining, to mean acts Oct. 20, 1914, ch. 330, 38 Stat. 741; Feb. 25,
1920, ch. 85, 41 Stat. 437; Apr. 17, 1926, ch. 158, 44 Stat. 301;
and Feb. 7, 1927, ch. 66, 44 Stat. 1057. The act of Oct. 20, 1914,
was repealed by Pub. L. 86-252, 1, Sept. 9, 1959, 73 Stat. 490. The
act of Feb. 25, 1920, is known as the Mineral Leasing Act and is
classified generally to chapter 3A ( 181 et seq.) of Title 30. The act
of Apr. 17, 1926, is classified generally to subchapter VIII ( 271 et
seq.) of chapter 3A of Title 30. The act of Feb. 7, 1927, is
classified principally to subchapter IX ( 281 et seq.) of chapter 3A of
Title 30. For complete classification of these Acts to the Code, see
Tables.
Geothermal leasing laws, referred to in subsec. (b), are classified
principally to chapter 23 ( 1001 et seq.) of Title 30.
16 USC SUBCHAPTER C -- OREGON CASCADES RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460oo. Recreation area
TITLE 16 -- CONSERVATION
(a) Establishment
In order to conserve, protect, and manage, in a substantially
undeveloped condition, certain National Forest System lands in the State
of Oregon having unique geographic, topographic, biological, ecological
features and possessing significant scenic, wildlife, dispersed
recreation, and watershed values, there is hereby established, within
the Umpqua, Willamette, Winema and Deschutes National Forests, the
Oregon Cascades Recreation Area (hereinafter referred to in this
subchapter as the ''recreation area'').
(b) Administration
The recreation area shall comprise approximately one hundred
fifty-six thousand nine hundred acres as generally depicted on a map
entitled ''Oregon Cascades Recreation Area'' dated March 1984. Except
as otherwise provided in this section, the Secretary of Agriculture
(hereinafter referred to as the ''Secretary'') shall administer and
manage the recreation area in accordance with the laws and regulations
applicable to the National Forest System so as to enhance scenic and
watershed values, wildlife habitat, and dispersed recreation.
(c) Management plan
The recreation area shall be managed in accordance with plans
prepared in subsection (g) of this section to:
(1) provide a range of recreation opportunities from primitive to
full service developed campgrounds;
(2) provide access for use by the public;
(3) to the extent practicable, maintain the natural and scenic
character of the area; and
(4) provide for the use of motorized recreation vehicles.
(d) Mining
(1) Subject to valid existing rights, all mining claims located
within the recreation area shall be subject to such reasonable
regulations as the Secretary may prescribe to insure that mining
activities will, to the maximum extent practicable, be consistent with
the purposes for which the recreation area is established. Any patent
issued after June 26, 1984, shall convey title only to the minerals
together with the right to use the surface of lands for mining purposes
subject to such reasonable regulations as the Secretary shall prescribe.
(2) Effective January 1, 1989, and subject to valid existing rights,
the lands located within the recreation area are hereby withdrawn from
all forms of appropriation under the mining laws and from disposition
under all laws pertaining to the mineral leasing and geothermal leasing
and all amendments thereto.
(e) Allowance of limited activities and facilities
Within the recreation area, the Secretary may permit, under
appropriate regulations those limited activities and facilities which he
determines necessary for resource protection and management and for
visitor safety and comfort, including --
(1) those necessary to prevent and control wildfire, insects,
diseases, soil erosion, and other damaging agents including timber
harvesting activities necessary to prevent catastrophic mortality from
insects, diseases or fire;
(2) those necessary to maintain or improve wildlife habitat, water
yield and quality, forage production, and dispersed outdoor recreation
opportunities;
(3) livestock grazing, to the extent that such use will not
significantly adversely affect the resources of the recreation area;
(4) salvage of major timber mortality caused by fire, insects,
disease, blowdown, or other causes when the scenic characteristics of
the recreation area are significantly affected, or the health and safety
of the public is threatened, or the overall protection of the forested
area inside or outside the recreation area might be adversely affected
by failure to remove the dead or damaged timber;
(5) those developments or facilities necessary for the public
enjoyment and use of the recreation area, when such development or
facilities do not detract from the purposes of the recreation area; and
(6) public service land occupancies, including power transmission
lines, provided there is no feasible alternative location, and, the
Secretary finds that it is in the public interest to locate such
facilities within the recreation area.
(f) Wilderness lands
The following lands within the recreation area are hereby designated
as wilderness and therefore as components of the National Wilderness
Preservation System, and shall, notwithstanding any other provisions of
this section, be administered by the Secretary in accordance with the
applicable provisions of the Wilderness Act (16 U.S.C. 1131 et seq.):
Certain lands in the Umpqua, Willamette, and Winema National Forests
which comprise approximately fifty-five thousand one hundred acres, are
generally depicted on a map dated March 1984, entitled ''Mount Thielsen
Wilderness -- Proposed'', and which shall be known as the Mount Thielsen
Wilderness; and certain lands in the Willamette and Deschutes National
Forests, which comprise approximately fifteen thousand seven hundred
acres, are generally depicted on a map dated March 1984, entitled
''Diamond Peak Wilderness Additions -- Proposed'', and which are hereby
incorporated in, and which shall be deemed to be a part of, the Diamond
Peak Wilderness as designated in Public Law 88-577.
(g) Forest plans; integrated management plans
Management direction for the recreation area shall be developed in
either the forest plans developed for the Umpqua, Winema, Deschutes and
Willamette Forests in accordance with section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974, as amended (16 U.S.
C. 1604), or in an integrated management plan that shall be prepared
within three years from June 26, 1984, and revised in accordance with
the Forest and Rangeland Renewable Resources Planning Act of 1974, as
amended (16 U.S.C. 1600 et seq.). Any plan developed by the Secretary
for the recreation area shall identify and designate specific and
appropriate areas and routes for the use of motorized recreation
vehicles within the recreation area.
(Pub. L. 98-328, 4, June 26, 1984, 98 Stat. 275.)
This subchapter, referred to in subsec. (a), was in the original
''the Act'', meaning Pub. L. 98-328, June 26, 1984, 98 Stat. 272,
known as the Oregon Wilderness Act of 1984, which enacted this
subchapter and provisions listed in a table set out under section 1132
of this title. For complete classification of this Act to the Code, see
Tables.
The mining laws, referred to in subsec. (d)(2), are classified
generally to Title 30, Mineral Lands and Mining.
Mineral leasing laws, referred to in subsec. (d)(2), have been
defined in sections 351, 505, 530, and 541e of Title 30 to mean acts
Oct. 20, 1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85, 41
Stat. 437; Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927,
ch. 66, 44 Stat. 1057. The act of Oct. 20, 1914, was repealed by Pub.
L. 86-252, 1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920,
is known as the Mineral Leasing Act and is classified generally to
chapter 3A ( 181 et seq.) of Title 30. The act of Apr. 17, 1926, is
classified generally to subchapter VIII ( 271 et seq.) of chapter 3A of
Title 30. The act of Feb. 7, 1927, is classified principally to
subchapter IX ( 281 et seq.) of chapter 3A of Title 30. For complete
classification of these Acts to the Code, see Tables.
Geothermal leasing laws, referred to in subsec. (d)(2), are
classified principally to chapter 23 ( 1001 et seq.) of Title 30.
The Wilderness Act and Public Law 88-577, referred to in subsec.
(f), are Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended,
which is classified generally to chapter 23 ( 1131 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 1131 of this title and Tables.
The Forest and Rangeland Renewable Resources Planning Act of 1974,
referred to in subsec. (g), is Pub. L. 93-378, Aug. 17, 1974, 88
Stat. 476, as amended, which is classified generally to subchapter I (
1600 et seq.) of chapter 36 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 1600
of this title and Tables.
Section 5(a) of Pub. L. 98-328 provided in part that as soon as
practicable after June 6, 1984, the Secretary of Agriculture was to file
the map referred to in this section with the Committee on Energy and
Natural Resources, Senate, and the Committee on Interior and Insular
Affairs, House of Representatives, and that such map would have the same
force and effect as if included in this section: Provided, That
correction of clerical and typographical errors in such map could be
made. Such map was to be on file and available for public inspection in
the Office of the Chief of the Forest Service, Department of
Agriculture; and the Director, Bureau of Land Managmenet, Department of
the Interior.
16 USC SUBCHAPTER CI -- MOUNT BAKER RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460pp. Recreation area
TITLE 16 -- CONSERVATION
(a) Establishment
In order to assure the conservation and protection of certain
natural, scenic, historic, pastoral, and fish and wildlife values and to
provide for the enhancement of the recreational values associated
therewith, the Mount Baker National Recreation Area located in the Mount
Baker-Snoqualmie National Forest, Washington, is hereby established.
(b) Acreage
The Mount Baker National Recreation Area (hereafter referred to as
the ''recreation area'') shall comprise approximately eight thousand six
hundred acres as generally depicted on the map entitled ''Mount Baker
National Recreation Area -- Proposed'', dated March 1984, which shall be
on file and available for public inspection in the office of the Chief,
Forest Service, Department of Agriculture.
(c) Map and legal description
The Secretary of Agriculture shall, as soon as practicable after July
3, 1984, file a map and a legal description of the recreation area with
the Committee on Energy and Natural Resources, United States Senate, and
the Committee on Interior and Insular Affairs, House of Representatives,
and each such map and legal description shall have the same force and
effect as if included in this subchapter: Provided, That correction of
clerical and typographical errors in such legal description and map may
be made. The map and legal description shall be on file and available
for public inspection in the office of the Chief of the Forest Service,
Department of Agriculture.
(d) Administration
The Secretary shall administer the recreation area in accordance with
the laws, rules and regulations applicable to the national forests in
such manner as will best provide for (1) public outdoor recreation
(including but not limited to snowmobile use); (2) conservation of
scenic, natural, historic, and other values contributing to public
enjoyment; and (3) such management, utilization, and disposal of
natural resources on federally owned lands within the recreation area
which are compatible with and which do not significantly impair the
purposes for which the recreation area is established.
(Pub. L. 98-339, 7, July 3, 1984, 98 Stat. 304.)
This subchapter, referred to in subsec. (c), was in the original
''this Act'', meaning Pub. L. 98-339, July 3, 1984, 98 Stat. 299,
known as the Washington State Wilderness Act of 1984, which enacted this
subchapter and provisions listed in a table set out under section 1132
of this title. For complete classification of this Act to the Code, see
Tables.
16 USC SUBCHAPTER CII -- ALLEGHENY NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460qq. Recreation area
TITLE 16 -- CONSERVATION
(a) Designation of area; revision of boundaries
In furtherance of the findings and purposes of this subchapter,
certain lands in the Allegheny National Forest, Pennsylvania, which
comprise approximately twenty-three thousand one hundred acres, as
generally depicted on a map entitled ''Allegheny National Recreation
Area -- Proposed'', dated March 1984, are hereby designated as the
Allegheny National Recreation Area (hereinafter in this subchapter
referred to as the ''national recreation area''). The Secretary of
Agriculture may revise the boundaries of the national recreation area to
correct errors or to include additional lands acquired adjacent to the
area.
(b) Description of purposes
The national recreation area shall be managed for the purposes of --
(1) outdoor recreation including, but not limited to, hunting,
fishing, hiking, backpacking, camping, nature study, and the use of
motorized and nonmotorized boats on the Allegheny Reservoir;
(2) the conservation of fish and wildlife populations and habitat;
(3) the protection of watersheds and the maintenance of free flowing
streams and the quality of ground and surface waters in accordance with
applicable law;
(4) the conservation of scenic, cultural, and other natural values of
the area;
(5) allowing the development of privately owned oil, gas, and mineral
resources subject to reasonable conditions prescribed by the Secretary
under subsection (c) of this section for the protection of the area;
and
(6) minimizing, to the extent practicable, environmental disturbances
caused by resource development, consistent with the exercise of private
property rights.
(c) Administration; plan of operations
The Secretary shall administer the national recreation area in
accordance with the purposes described in subsection (b) of this section
and the laws, rules, and regulations applicable to the National Forest
System. Subject to valid existing rights, any activity associated with
the exploration, development, or transportation of oil, gas, or other
minerals shall be subject to such reasonable conditions as the Secretary
may prescribe, and in accordance with the management plan described in
subsection (d) of this section, to achieve the purposes, described in
subsection (b) of this section, of the national recreation area. For
any such activity, the Secretary shall require a plan of operations
which shall include provisions for adequate reclamation, including, to
the extent practicable, revegetation and rehabilitation after each phase
of operations is completed.
(d) Management plan
The Secretary shall prepare, and may from time to time amend, a
management plan for the national recreation area. The plan may be
prepared in conjunction with, or incorporated with, ongoing planning for
the Allegheny National Forest in accordance with the National Forest
Management Act of 1976. The initial management plan and significant
amendments or revisions shall be accompanied by an environmental impact
statement prepared in accordance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(e) Hunting, fishing, and trapping
The Secretary shall permit hunting, fishing, and trapping within the
boundaries of the national recreation area in accordance with applicable
Federal and State laws except that the Secretary may designate zones
where, and establish periods when, no hunting, fishing, or trapping
shall be permitted for reasons of public safety, administration, or
public use and enjoyment. Except in emergencies, any prohibitions or
restrictions made pursuant to this subsection shall be put into effect
only after consultation with the appropriate State fish and game
department.
(f) Withdrawal of minerals from appropriation and disposition
Subject to valid existing rights, the minerals in all federally owned
lands within the national recreation area designated by this subchapter
are withdrawn from all forms of appropriation under the mining laws and
from disposition under all laws pertaining to mineral leasing, including
all laws pertaining to geothermal leasing, and all amendments thereto.
(g) Other National Forest management areas unaffected
Nothing in this section shall be construed to apply to or have any
effect on any other management area of the National Forest System,
including any wilderness area or any other national recreation area.
(Pub. L. 98-585, 6, Oct. 30, 1984, 98 Stat. 3101.)
This subchapter, referred to in subsecs. (a) and (f), was in the
original ''this Act'', meaning Pub. L. 98-585, Oct. 30, 1984, 98 Stat.
3100, known as the Pennsylvania Wilderness Act of 1984, which enacted
this subchapter and provisions listed in a table set out under section
1132 of this title. For complete classification of this Act to the
Code, see Tables.
The National Forest Management Act of 1976, referred to in subsec.
(d), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as amended,
which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title,
amended sections 500, 515, 516, 518, 576b, and 1601 to 1610 of this
title, repealed sections 476, 513, and 514 of this title, and enacted
provisions set out as notes under sections 476, 513, 528, 594-2, and
1600 of this title. For complete classification of this Act to the
Code, see Short Title of 1976 Amendment note set out under section 1600
of this title and Tables.
The National Environmental Policy Act of 1969, referred to in subsec.
(d), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 ( 4321 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 4321 of Title 42
and Tables.
The mining laws, referred to in subsec. (f), are classified
generally to Title 30, Mineral Lands and Mining.
Mineral leasing laws, referred to in subsec. (f), have been defined
in sections 351, 505, 530, and 541e of Title 30, to mean acts Oct. 20,
1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85, 41 Stat. 437;
Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927, ch. 66, 44
Stat. 1057. The act of Oct. 20, 1914, was repealed by Pub. L.
86-252, 1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920, is
known as the Mineral Leasing Act and is classified generally to chapter
3A ( 181 et seq.) of Title 30. The act of Apr. 17, 1926, is classified
generally to subchapter VIII ( 271 et seq.) of chapter 3A of Title 30.
The act of Feb. 7, 1927, is classified principally to subchapter IX (
281 et seq.) of chapter 3A of Title 30. For complete classification of
these Acts to the Code, see Tables.
Geothermal leasing laws, referred to in subsec. (f), are classified
principally to chapter 23 ( 1001 et seq.) of Title 30.
For Congressional findings, statement of purpose, and requirements
for filing of maps and legal descriptions under Pub. L. 98-585,
Pennsylvania Wilderness Act of 1984, see sections 2, 3, and 7 of Pub.
L. 98-585, Oct. 30, 1984, 98 Stat. 3100, 3102.
16 USC SUBCHAPTER CIII -- PINE RIDGE NATIONAL RECREATION AREA
TITLE 16 -- CONSERVATION
16 USC 460rr. Designation of recreation area
TITLE 16 -- CONSERVATION
Certain lands in the Nebraska National Forest, Nebraska, which
comprise approximately six thousand six hundred acres, as generally
depicted on a map entitled ''Pine Ridge National Recreation Area --
Proposed'', dated September 1986, are hereby designated as the Pine
Ridge National Recreation Area.
(Pub. L. 99-504, title II, 201, Oct. 20, 1986, 100 Stat. 1804.)
16 USC 460rr-1. Map and description
TITLE 16 -- CONSERVATION
As soon as practicable after October 20, 1986, the Secretary of
Agriculture shall file a map and legal description of the national
recreation area designated by this subchapter with the Committee on
Interior and Insular Affairs and the Committee on Agriculture of the
United States House of Representatives and with the Committee on Energy
and Natural Resources of the United States Senate. Such map and
description shall have the same force and effect as if included in this
subchapter, except that correction of clerical and typographical errors
in such map and description may be made by the Secretary. Such map and
description shall be on file and available for public inspection in the
Office of the Chief of the Forest Service, Department of Agriculture.
(Pub. L. 99-504, title II, 202, Oct. 20, 1986, 100 Stat. 1804.)
16 USC 460rr-2. Administration
TITLE 16 -- CONSERVATION
(a) Objectives
Subject to valid existing rights, the Pine Ridge National Recreation
Area designated by this subchapter shall be administered by the
Secretary of Agriculture in accordance with the laws, rules, and
regulations applicable to the national forests in a manner compatible
with the following objectives:
(1) the continuation of existing primitive and semiprimitive
recreational use in a natural environment;
(2) preservation and protection of forest, aquatic and grassland
habitat;
(3) protection and conservation of special areas having uncommon or
outstanding wilderness, biological, geological, recreational, cultural,
historical or archeological, and scientific, or other values
contributing to the public benefit;
(4) the continuation of existing livestock grazing uses;
(5) the control of noxious weeds and insects and prevention of their
spreading onto the nearby private and Federal lands; and
(6) the control of fires and prevention of their spreading onto
nearby private and Federal lands.
(b) Fire control; Memorandum of Agreement
The Secretary shall enter into a Memorandum of Agreement with local
and State firefighting agencies and individuals to assure the best
utilization of the firefighting resources available in the nearby
communities for control of fire in the national recreation area.
(c) Hunting, fishing, and trapping
The Secretary shall permit hunting, fishing, and trapping on lands
and waters under the Secretary's jurisdiction within the boundaries of
the national recreation area designated by this subchapter in accordance
with applicable laws of the United States and the State of Nebraska.
(d) Mining and mineral leasing laws
Subject to valid existing rights, all Federal lands within the
national recreation area are hereby withdrawn from location, entry, and
patent under the United States mining laws, and from disposition under
all laws pertaining to mineral and geothermal leasing and all amendments
thereto.
(e) State responsibilities with respect to wildlife and fish
unaffected
Nothing in this subchapter shall be construed as affecting the
jurisdiction or responsibilities of the State of Nebraska with respect
to wildlife and fish in the national recreation area.
(f) Comprehensive management plan
Within eighteen months after October 20, 1986, the Secretary shall
develop and submit to the Committee on Interior and Insular Affairs and
the Committee on Agriculture of the United States House of
Representatives and to the Committee on Energy and Natural Resources of
the United States Senate a comprehensive management plan for the
national recreation area designated by this subchapter.
(g) Public participation in development of management plan
In conducting the reviews and preparing the comprehensive management
plan required by subsection (d) /1/ of this section, the Secretary shall
provide for full public participation, and shall consider the views of
all interested agencies, organizations, and individuals.
(Pub. L. 99-504, title II, 203, Oct. 20, 1986, 100 Stat. 1804.)
The United States mining laws, referred to in subsec. (d), are
classified generally to Title 30, Mineral Lands and Mining.
Mineral leasing laws, referred to in subsec. (d), have been defined
in sections 351, 505, 530, and 541e of Title 30, to mean acts Oct. 20,
1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85, 41 Stat. 437;
Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927, ch. 66, 44
Stat. 1057. The act of Oct. 20, 1914, was repealed by Pub. L.
86-252, 1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920, is
known as the Mineral Leasing Act and is classified generally to chapter
3A ( 181 et seq.) of Title 30. The act of Apr. 17, 1926, is classified
generally to subchapter VIII ( 271 et seq.) of chapter 3A of Title 30.
The act of Feb. 7, 1927, is classified principally to subchapter IX (
281 et seq.) of chapter 3A of Title 30. For complete classification of
these Acts to the Code, see Tables.
Geothermal leasing laws, referred to in subsec. (d), are classified
principally to chapter 23 ( 1001 et seq.) of Title 30.
This subchapter, referred to in subsec. (e), was in the original
''this Act'', meaning Pub. L. 99-504, Oct. 20, 1986, 100 Stat. 1802,
known as the Nebraska Wilderness Act of 1985, which enacted this
subchapter and provisions listed in a table set out under section 1132
of this title. For complete classification of this Act to the Code, see
Tables.
/1/ So in original. Probably should be subsection ''(f)''.
16 USC SUBCHAPTER CIV -- KLAMATH RIVER CONSERVATION AREA
TITLE 16 -- CONSERVATION
16 USC 460ss. Findings
TITLE 16 -- CONSERVATION
The Congress finds that --
(1) the Klamath and Trinity Rivers have been placed under the
California and National Wild and Scenic Rivers Systems to protect their
outstanding anadromous fishery values;
(2) the Klamath and Trinity Rivers provide fishery resources
necessary for Indian subsistence and ceremonial purposes, ocean
commercial harvest, recreational fishing, and the economic health of
many local communities;
(3) floods, the construction and operation of dams, diversions and
hydroelectric projects, past mining, timber harvest practices, and
roadbuilding have all contributed to sedimentation, reduced flows, and
degraded water quality which has significantly reduced the anadromous
fish habitat in the Klamath-Trinity River System;
(4) overlapping Federal, State, and local jurisdictions, inadequate
enforcement of fishery harvest regulations, and ineffective fishery
management have historically hampered fishery conservation efforts and
prevented the Federal Government and the State of California from
fulfilling their responsibilities to protect the rivers' anadromous
fishery values;
(5) the Klamath-Trinity fall chinook salmon populations have declined
by 80 percent from historic levels and steelhead trout have also
undergone significant reductions;
(6) Klamath River Basin Fisheries Resource Plan has been developed by
the Secretary acting through the Bureau of Indian Affairs;
(7) the Klamath Salmon Management Group, a group of agencies with
fishery management responsibility, has established, in cooperation with
the users of the Klamath-Trinity River Basin fishery resources, a sound
framework for the future coordination of fishery harvest management;
(8) a new Klamath-Trinity River Basin Management authority, composed
of the Klamath Salmon Management Group and representatives of users of
the fishery resources of the Klamath-Trinity River Basin, is needed to
ensure more effective long-term coordination of the Klamath-Trinity
River fisheries under sound conservation and management principles that
ensure adequate spawning escapement; and
(9) the Secretary has the authority to implement a restoration
program only in the Trinity River Basin and needs additional authority
to implement a restoration program in cooperation with State and local
governments to restore anadromous fish populations to optimum levels in
both the Klamath and Trinity River Basins; /1/
(Pub. L. 99-552, 1, Oct. 27, 1986, 100 Stat. 3080.)
Section 8 of Pub. L. 99-552, as added by Pub. L. 100-653, title VI,
604, Nov. 14, 1988, 102 Stat. 3830, provided that: ''This Act
(enacting this subchapter) may be cited as the 'Klamath River Basin
Fishery Resources Restoration Act'.''
/1/ So in original. The semicolon probably should be a period.
16 USC 460ss-1. Conservation area; restoration program
TITLE 16 -- CONSERVATION
(a) Establishment of conservation area
The Secretary shall designate the anadromous fish habitats and
resources of the Klamath River basin as the Klamath River Basin
Conservation Area (hereafter in this subchapter referred to as the
''Area'').
(b) Restoration program
(1) Establishment
The Secretary shall, in consultation with the task force established
under section 460ss-3 of this title, formulate, establish, and implement
a 20-year program to restore the anadromous fish populations of the Area
to optimum levels and to maintain such levels. The program shall be
based on the Klamath River Basin Fisheries Resource Plan referred to in
section 460ss(6) of this title and shall be known as the Klamath River
Basin Conservation Area Restoration Program.
(2) Program activities
In carrying out the objectives of the program, the Secretary, in
cooperation with the task force established under section 460ss-3 of
this title, shall --
(A) monitor and coordinate research evaluating the Area anadromous
fish populations and administer and evaluate the success of activities
described in subparagraph (B); and
(B) take such actions as are necessary to --
(i) improve and restore Area habitats, and to promote access to
blocked Area habitats, to support increased run sizes;
(ii) rehabilitate problem watersheds in the Area to reduce negative
impacts on fish and fish habitats;
(iii) improve existing Area hatcheries and rearing ponds to assist in
rebuilding the natural populations;
(iv) implement an intensive, short-term stocking program to rebuild
run sizes while maintaining the genetic integrity and diversity of Area
subbasin stocks; and
(v) improve upstream and downstream migration by removal of obstacles
to fish passage and the provision of facilities for avoiding obstacles.
(3) Restoration work
To the extent practicable, any restoration work performed under
paragraph (2)(B) shall be performed by unemployed --
(A) commercial fishermen;
(B) Indians; and
(C) other persons whose livelihood depends upon Area fishery
resources.
(4) Memorandum of agreement
In order to facilitate the implementation of any activity described
in paragraph (2) over which the Secretary does not have jurisdiction,
the Secretary shall enter into a memorandum of agreement with the
Federal, State, and local agencies having jurisdiction over such
activities, and the Area Indian tribes. The memorandum of agreement
shall specify the program activities for which the respective
signatories to the agreement are responsible and shall contain such
provisions as are necessary to ensure the coordinated implementation of
the program.
(Pub. L. 99-552, 2, Oct. 27, 1986, 100 Stat. 3081.)
16 USC 460ss-2. Klamath Fishery Management Council
TITLE 16 -- CONSERVATION
(a) Establishment
There is established a Klamath Fishery Management Council (hereafter
in this subchapter referred to as the ''Council'').
(b) Functions
(1) The Council shall --
(A) establish a comprehensive long-term plan and policy, that must be
consistent with the goals of the program, for the management of the
in-river and ocean harvesting that affects or may affect Klamath and
Trinity River basin anadromous fish populations;
(B) make recommendations, that must be consistent with the plan and
policy established under subparagraph (A) and with the standards in
paragraph (2) --
(i) to the California Fish and Game Commission regarding in-river and
offshore recreational harvesting regulations,
(ii) to the Oregon Department of Fish and Wildlife regarding offshore
recreational harvesting regulations,
(iii) to the Pacific Fishery Management Council regarding ocean
harvesting regulations,
(iv) to the Bureau of Indian Affairs regarding regulations for
harvesting in the Area by non-Hoopa Indians, and
(v) to the Hoopa Valley Business Council regarding regulations for
harvesting in the Area by members of the Hoopa Indian Tribe; and
(C) conduct public hearings on any regulation referred to in
subparagraph (B)(i) through (v).
(2) Any recommendation made by the Council under paragraph (1)(B)
regarding harvesting regulations shall --
(A) be based upon the best scientific information available;
(B) minimize costs where practicable, and avoid unnecessary
duplication of regulations;
(C) take into account and allow for variations among, and
contingencies in, fisheries, fishery resources, and catches; and
(D) be designed to achieve an escapement that preserves and
strengthens the viability of the Area's natural anadromous fish
populations.
(c) Membership and appointment
The Council is composed of 11 members as follows:
(1) A representative, who shall be appointed by the Governor of
California, of each of the following:
(A) The commercial salmon fishing industry.
(B) The in-river sportfishing community.
(C) The offshore recreational fishing industry.
(D) The California Department of Fish and Game.
(2) A representative of the Hoopa Indian Tribe who shall be appointed
by Hoopa Valley Business Council.
(3) A representative, who shall be appointed by the Secretary, of
each of the following:
(A) The non-Hoopa Indians residing in the Area.
(B) The Department of the Interior.
(4) A representative, who shall be appointed by the Secretary of
Commerce, of each of the following --
(A) The National Marine Fisheries Service.
(B) The Pacific Fishery Management Council.
(5) A representative, who shall be appointed by the Governor of
Oregon, of each of the following:
(A) The commercial salmon fishing industry.
(B) The Oregon Department of Fish and Wildlife.
(d) Consultation requirement
The appointments required under subsection (c) of this section shall
be made in consultation with the appropriate users of Area anadromous
fish resources.
(e) Qualifications
Council members shall be individuals who are knowledgable and
experienced in the management and conservation, or the recreational or
commercial harvest, of the anadromous fish resources in Northern
California.
(f) Terms
(1) In general
The term of a member is 4 years.
(2) Service
Members of the Council serve at the pleasure of the appointing
authority.
(3) Vacancies
Any vacancy on the Council shall be filled in the manner in which the
original appointment was made. Any member appointed to fill a vacancy
occurring before the expiration of the term for which his predecessor
was appointed shall be appointed only for the remainder of such term. A
member may serve after the expiration of his term until his successor
has taken office.
(g) Transaction of business
(1) Procedures
The Council shall establish practices and procedures for the carrying
out of its functions under subsection (b) of this section. The
procedures shall include requirements that --
(A) a quorum of the Council must be present before business may be
transacted; and
(B) no comprehensive plan or recommendation referred to in subsection
(b)(1)(A) or (B) of this section may be adopted by the Council except by
the unanimous vote of all members present and voting.
(2) Chairman
The Council shall elect a Chairman from among its members.
(3) Meetings
The Council shall meet at the call of the Chairman or upon the
request of a majority of its members.
(h) Staff and administration
(1) Administrative support
The Secretary and the Director of the California Department of Fish
and Game shall provide the Council with such administrative and
technical support services as are necessary for the effective
functioning of the Council.
(2) Information
The Secretary and the Director of the California Department of Fish
and Game shall furnish the Council with relevant information concerning
the Area.
(3) Organization
The Council shall determine its organization, and prescribe the
practices and procedures for carrying out its functions under subsection
(b) of this section.
(i) Federal or State employees
Any Council member who is an officer or employee of the United
States, the State of California, or the State of Oregon at the time of
appointment to the Council shall cease to be a Council member within 14
days after the date on which he ceases to be so employed.
(j) Expenses
(1) Travel expenses
While away from their homes or regular places of business in the
performance of services for the Council, Council members shall be
allowed travel expenses, including a per diem allowance in lieu of
subsistence, in the same manner as persons employed intermittently in
the Government service are allowed travel expenses under section 5703 of
title 5. Any Council member who is an employee of an agency or
governmental unit and is eligible for travel expenses from that agency
or unit for performing services for the Council is not eligible for
travel expenses under this paragraph.
(2) Limitation on spending authority
No money authorized to be appropriated under section 460ss-5 of this
title may be used to reimburse any agency or governmental unit (whose
employees are Council members) for time spent by any such employee
performing Council duties.
(Pub. L. 99-552, 3, Oct. 27, 1986, 100 Stat. 3082; Pub. L. 100-653,
title VI, 602(a), 603(1), (2), Nov. 14, 1988, 102 Stat. 3830.)
1988 -- Subsec. (g)(1). Pub. L. 100-653, 602(a), substituted
''Procedures'' for ''Decisions of Council'' as par. heading and amended
text generally. Prior to amendment, text read as follows: ''All
decisions of the Council must be by unanimous vote of all of the
members.''
Subsec. (i). Pub. L. 100-653, 603(1), substituted '', the State of
California, or the State of Oregon'' for ''or the State of California''.
Subsec. (j)(1). Pub. L. 100-653, 603(2), inserted provision at end
that any Council member who is employee of agency or governmental unit
and is eligible for travel expenses from that agency or unit for
performing services for Council not be eligible for travel expenses
under this par.
16 USC 460ss-3. Klamath River Basin Fisheries Task Force
TITLE 16 -- CONSERVATION
(a) Establishment
There is established a Klamath River Basin Fisheries Task Force
(hereafter in this subchapter referred to as the ''Task Force'').
(b) Functions
The Task Force --
(1) shall assist the Secretary in the formulation, coordination, and
implementation of the program;
(2) shall assist, and coordinate its activities with, Federal, State,
and local governmental or private anadromous fish restoration projects
within the Area;
(3) shall conduct any other activity that is necessary to accomplish
the objectives of the program; and
(4) may act as an advisor to the Council.
(c) Membership and appointment
The Task Force is composed of 14 members as follows:
(1) A representative, who shall be appointed by the Governor of
California, of each of the following:
(A) The commercial salmon fishing industry.
(B) The in-river sport fishing community.
(C) The California Department of Fish and Game.
(2) A representative of the Hoopa Indian Tribe who shall be appointed
by the Hoopa Valley Business Council.
(3) A representative of the Department of the Interior who shall be
appointed by the Secretary.
(4) A representative of the National Marine Fisheries Service who
shall be appointed by the Secretary of Commerce.
(5) A representative of the Department of Agriculture who shall be
appointed by the Secretary of Agriculture.
(6) A representative of the Oregon Department of Fish and Wildlife
who shall be appointed by the Governor of Oregon.
(7) One individual who shall be appointed by the Board of Supervisors
of Del Norte County, California.
(8) One individual who shall be appointed by the Board of Supervisors
of Siskiyou County, California.
(9) One individual who shall be appointed by the Board of Supervisors
of Humboldt County, California.
(10) One individual who shall be appointed by the Board of
Supervisors of Trinity County, California.
(11) A representative of the Karuk Tribe, who shall be appointed by
the governing body of the Tribe, /1/
(12) A representative of the Yurok Tribe, who shall be appointed by
the Secretary until such time as the Yurok Tribe is organized upon which
time the Yurok Tribe shall appoint such representative beginning with
the first appointment ordinarily occurring after the Yurok Tribe is
organized /2/
(d) Council membership not a bar to Task Force appointment
An individual who is a member of the Council is not ineligible for
appointment as a member of the Task Force.
(e) Terms
(1) In general
The term of a member of the Task Force is 4 years.
(2) Service
Members of the Task Force serve at the pleasure of the appointing
authorities.
(3) Vacancies
Any vacancy on the Task Force shall be filled in the manner in which
the original appointment was made. Any member appointed to fill a
vacancy occurring before the expiration of the term for which his
predecessor was appointed shall be appointed only for the remainder of
such term. A member may serve after the expiration of his term until
his successor has taken office.
(f) Transaction of business
(1) Procedures
The Task Force shall establish practices and procedures for the
carrying out of its functions under subsection (b) of this section. The
procedures shall include the requirement that a quorum of the Task Force
must be present before business may be transacted.
(2) Chairman
The members of the Task Force shall select a Chairman from among its
members.
(3) Meetings
The Task Force shall meet at the call of the Chairman or upon the
request of a majority of its members.
(g) Staff and administration
(1) Administrative support
The Secretary and the Director of the California Department of Fish
and Game shall provide the Task Force with the administrative and
technical support services necessary for the effective functioning of
the Task Force.
(2) Information
The Secretary and the Director of the California Department of Fish
and Game shall furnish the members of the Task Force with relevant
information concerning the Area.
(3) Organization
The Task Force shall determine its organization, and prescribe the
practices and procedures for carrying out its functions under subsection
(b) of this section.
(h) Members who are Federal or State employees
Any Task Force member who is an officer or employee of the United
States, the State of California, or the State of Oregon at the time of
appointment to the Task Force shall cease to be a member of the Task
Force within 14 days of the date on which he ceases to be so employed.
(i) Expenses
(1) Travel expenses
While away from their homes or regular places of business in the
performance of services for the Task Force, Task Force members shall be
allowed travel expenses, including a per diem allowance in lieu of
subsistence, in the same manner as persons employed intermittently in
the Government service are allowed travel expenses under section 5703 of
title 5. Any Task Force member who is an employee of an agency or
governmental unit and is eligible for travel expenses from that agency
or unit for performing services for the Task Force is not eligible for
travel expenses under this paragraph.
(2) Limitation on spending authority
No money authorized to be appropriated under section 460ss-5 of this
title may be used to reimburse any agency or governmental unit (whose
employees are Task Force members) for time spent by any such employee
performing Task Force duties.
(Pub. L. 99-552, 4, Oct. 27, 1986, 100 Stat. 3084; Pub. L. 100-580,
12(a), Oct. 31, 1988, 102 Stat. 2935; Pub. L. 100-653, title VI, 601,
602(b), 603(1), Nov. 14, 1988, 102 Stat. 3829, 3830.)
1988 -- Subsec. (c). Pub. L. 100-580, 12(a)(A), substituted ''14''
for ''12'' in introductory provisions.
Subsec. (c)(11), (12). Pub. L. 100-580, 12(a)(B), added pars. (11)
and (12).
Subsec. (f)(1). Pub. L. 100-653, 602(b), substituted ''Procedures''
for ''Decisions of Task Force'' as par. heading and amended text
generally. Prior to amendment, text read as follows: ''All decisions
of the Task Force must be by unanimous vote of all the members.''
Subsec. (h). Pub. L. 100-653, 603(1), substituted '', the State of
California, or the State of Oregon'' for ''or the State of California''.
Subsec. (i). Pub. L. 100-653, 601, substituted ''Expenses'' for
''Limitation on spending authority'' in heading and amended text
generally, designating existing provisions as par. (2) and adding par.
(1).
Section 12(b) of Pub. L. 100-580 provided that: ''The initial term
of the representative appointed pursuant to section 4(c)(11) and (12) of
such Act (16 U.S.C. 460ss-3(c)(11), (12)) (as added by the amendment
made by subsection (a)) shall be for that time which is the remainder of
the terms of the members of the Task Force then serving. Thereafter, the
term of such representatives shall be as provided in section 4(e) of
such Act.''
/1/ So in original. The comma probably should be a period.
/2/ So in original. Probably should be followed by a period.
16 USC 460ss-4. Enforcement
TITLE 16 -- CONSERVATION
(a) Memorandum of agreement /1/
In order to strengthen and facilitate the enforcement of Area fishery
harvesting regulations, the Secretary shall enter into a memorandum of
agreement with the California Department of Fish and Game. Such
agreement shall specify the enforcement activities within the Area for
which the respective agencies of the Department of /2/ Interior and the
California Department of Fish and Game are responsible and shall contain
such provisions as are necessary to ensure the coordinated
implementation of Federal and State enforcement activities.
(Pub. L. 99-552, 5, Oct. 27, 1986, 100 Stat. 3085.)
/1/ So in original. No subsec. (b) has been enacted.
/2/ So in original. Probably should be ''of the''.
16 USC 460ss-5. Appropriations
TITLE 16 -- CONSERVATION
(a) Authorization
There are authorized to be appropriated to the Department of the
Interior during the period beginning October 1, 1986, and ending on
September 30, 2006, $21,000,000 for the design, construction, operation,
and maintenance of the program and for the payment of travel expenses
under sections 460ss-2(j) and 460ss-3(i) of this title. Monies
appropriated under this subsection shall remain available until expended
or October 1, 2006, whichever first occurs.
(b) Cost-sharing
(1) 50 percent of the cost of the development and implementation of
the program must be provided by one or more non-Federal sources on a
basis considered by the Secretary to be timely and appropriate. For
purposes of this subsection, the term ''non-Federal source'' includes a
State or local government, any private entity, and any individual.
(2) In addition to cash outlays, the Secretary shall consider as
financial contributions by a non-Federal source the value of inkind
contributions and real and personal property provided by the source for
purposes of implementing the program. Valuations made by the Secretary
under this paragraph are final and not subject to judicial review.
(3) For purposes of paragraph (2), inkind contributions may be in the
form of, but are not limited to, personal services rendered by
volunteers.
(4) The Secretary shall by regulation establish --
(A) the training, experience, and other qualifications which such
volunteers must have in order for their services to be considered as
inkind contributions; and
(B) the standards under which the Secretary will determine the value
of inkind contributions and real and personal property for purposes of
paragraph (2).
(5) The Secretary may not consider the expenditure, either directly
or indirectly, with respect to the program of Federal moneys received by
a State or local government to be a financial contribution by a
non-Federal source to carry out the program.
(Pub. L. 99-552, 6, Oct. 27, 1986, 100 Stat. 3085; Pub. L. 100-653,
title VI, 603(3), (4), Nov. 14, 1988, 102 Stat. 3830.)
1988 -- Subsec. (a). Pub. L. 100-653, 603(3), inserted ''and for the
payment of travel expenses under sections 460ss-2(j) and 460ss-3(i) of
this title'' before period at end of first sentence.
Subsec. (b)(3). Pub. L. 100-653, 603(4), struck out ''in carrying out
surveys, censuses, and other scientific studies'' after ''volunteers''.
16 USC 460ss-6. Definitions
TITLE 16 -- CONSERVATION
As used in this subchapter --
(1) The term ''program'' means the Klamath River Basin Conservation
Area Restoration Program established under section 460ss-1(b) of this
title.
(2) The term ''Secretary'' means the Secretary of the Interior.
(Pub. L. 99-552, 7, Oct. 27, 1986, 100 Stat. 3086.)
16 USC SUBCHAPTER CV -- CROSS FLORIDA NATIONAL CONSERVATION AREA
TITLE 16 -- CONSERVATION
16 USC 460tt. Cross Florida Barge Canal
TITLE 16 -- CONSERVATION
(a) Deauthorization
The barge canal project located between the Gulf of Mexico and the
Atlantic Ocean (hereinafter in this section referred to as the
''project''), as described in the Act of July 23, 1942 (56 Stat. 703),
shall be deauthorized by operation of law immediately upon the Governor
and Cabinet of the State of Florida adopting a resolution specifically
agreeing on behalf of the State of Florida (hereinafter in this section
referred to as the ''State'') to all of the terms of the agreement
prescribed in subsection (b) of this section.
(b) Transfer of project lands
Notwithstanding any other provision of law, the Secretary is, subject
to the provisions of subsections (d) and (e) of this section, directed
to transfer to the State all lands and interests in lands acquired by
the Secretary and facilities completed for the project in subsection (a)
of this section, without consideration, if the State agrees to each of
the following:
(1) The State shall agree to hold the United States harmless from all
claims arising from or through the operations of the lands and
facilities conveyed by the United States.
(2) The State shall agree to preserve and maintain a greenway
corridor which shall be open to the public for compatible recreation and
conservation activities and which shall be continuous, except for areas
referred to in subparagraphs (A) and (C) of this paragraph, along the
project route over lands acquired by the Secretary or by the State or
State Canal Authority, or lands acquired along the project route in the
future by the State or State Canal Authority, to the maximum width
possible, as determined in the management plan to be developed by the
State for former project lands. Such greenway corridor shall not be
less than 300 yards wide, except for the following areas:
(A) Any area of the project corridor where, as of November 28, 1990,
no land is owned by the State or State Canal Authority.
(B) Any area of the project corridor where, as of November 28, 1990,
the land owned by the State or State Canal Authority is less than 300
yards wide.
(C) Any area of the project corridor where a road or bridge crosses
the project corridor.
(3) Consistent with paragraph (2) of this subsection, the State shall
create a State park or conservation/recreation area in the lands and
interests in lands acquired for the project lying between the Atlantic
Ocean and the western boundaries of sections 20 and 29, township 15
south, range 23 east.
(4) The State shall agree, consistent with paragraphs (2), (5) and
(6) of this subsection, to preserve, enhance, interpret, and manage the
water and related land resources of the area containing cultural, fish
and wildlife, scenic, and recreational values in the remaining lands and
interests in land acquired for the project, lying west of sections 20
and 29, township 15 south, range 23 east, as determined by the State,
for the benefit and enjoyment of present and future generations of
people and the development of outdoor recreation.
(5) The State shall agree to pay, from the assets of the State Canal
Authority and the Cross Florida Canal Navigation District, including
revenues from the sale of former project lands declared surplus by the
State management plan, to the counties of Citrus, Clay, Duval, Levy,
Marion, and Putnam a minimum aggregate sum of $32,000,000 in cash or, at
the option of the counties, payment to be made by conveyance of surplus
former project lands selected by the State at current appraised values.
(6) The State shall agree to provide that, after repayment of all
sums due to the counties of Citrus, Clay, Duval, Levy, Marion, and
Putnam, the State may use any remaining funds generated from the sale of
former project lands declared surplus by the State to acquire the fee
title to lands along the project route as to which less than fee title
was obtained, or to purchase privately owned lands, or easements over
such privately owned lands, lying within the proposed project route,
consistent with paragraphs (2), (3), and (4) of this subsection,
according to such priorities as are determined in the management plan to
be developed by the State for former project lands. Any remaining funds
generated from the sale of former project lands declared surplus by the
State shall be used for the improvement and management of the greenway
corridor consistent with paragraphs (2), (3), and (4) of this
subsection.
(c) Enforcement
(1) Remedies and jurisdiction
The United States is directed to vigorously enforce the agreement
referred to in subsections (a) and (b) of this section in the courts of
the United States and shall be entitled to any remedies in equity or
law, including, without limitation, injunctive relief. The court, in
issuing any final order in any suit brought pursuant to this subsection,
may, in its discretion, award costs of litigation (including reasonable
attorney and expert witness fees) to any prevailing party. The United
States district courts shall have original and exclusive jurisdiction of
any action under this subsection.
(2) State remedies
The State shall be entitled to the same remedies listed in paragraph
(1) of this subsection in the courts of the State or of the United
States.
(d) Time of transfer
Actual transfer of lands and management responsibilities under this
section shall not occur on the constructed portions of the project lying
between the Atlantic Ocean and the Eureka Lock and Dam, inclusive, and
between the Gulf of Mexico and the Inglis Lock and Dam, inclusive, until
the last day of the 24-month period beginning on November 28, 1990.
(e) Management pending transfer
In the 24-month period following November 28, 1990, the Secretary
shall carry out any and all programmed maintenance on the portions of
the project outlined in subsection (d) of this section.
(f) Survey
The exact acreage and legal description of the real property to be
transferred pursuant to this section shall be determined by a survey
which is satisfactory to the Secretary and to the State. The cost of
such survey shall be borne by the State.
(Pub. L. 99-662, title XI, 1114, Nov. 17, 1986, 100 Stat. 4232; Pub.
L. 101-640, title IV, 402, Nov. 28, 1990, 104 Stat. 4644.)
Act of July 23, 1942, referred to in subsec. (a), is act July 23,
1942, ch. 520, 56 Stat. 703, as amended. See National Defense Pipe
Lines note set out preceding section 715 of Title 15, Commerce and
Trade.
1990 -- Pub. L. 101-640 amended section generally. Prior to
amendment, section consisted of subsecs. (a) to (i) which established
the Cross Florida National Conservation Area, designated to it lands
held for high-level barge canal project, required that certain portions
of the barge canal project be operated and maintained for navigation,
recreation, and fish and wildlife enhancement and for economic benefit
of the region, provided for State of Florida to retain jurisdiction and
responsibility over water resources planning, development, and control
of surface and ground waters, required the Secretary to develop
comprehensive management plan, directed operation of Rodman Dam to
assure continuation of Lake Ocklawaha reservoir, required acquisition of
lands held by Florida Canal Authority for barge canal project and lands
held by State of Florida or Canal Authority which were acquired pursuant
to section 104 of the River and Harbor Act of 1960, and set forth
conditions for effectiveness of certain provisions.
16 USC SUBCHAPTER CVI -- EL MALPAIS NATIONAL MONUMENT AND CONSERVATION
AREA
TITLE 16 -- CONSERVATION
16 USC Part A -- El Malpais National Monument
TITLE 16 -- CONSERVATION
16 USC 460uu. Establishment; legal description
TITLE 16 -- CONSERVATION
(a) In order to preserve, for the benefit and enjoyment of present
and future generations, that area in western New Mexico containing the
nationally significant Grants Lava Flow, the Las Ventanas Chacoan
Archeological Site, and other significant natural and cultural
resources, there is hereby established the El Malpais National Monument
(hereinafter referred to as the ''monument''). The monument shall
consist of approximately 114,000 acres as generally depicted on the map
entitled ''El Malpais National Monument and National Conservation Area''
numbered NM-ELMA-80,001-B and dated May 1987. The map shall be on file
and available for public inspection in the offices of the Director of
the National Park Service, Department of the Interior.
(b) As soon as practicable after December 31, 1987, the Secretary of
the Interior (hereinafter referred to as the ''Secretary'') shall file a
legal description of the monument with the Committee on Interior and
Insular Affairs of the United States House of Representatives and with
the Committee on Energy and Natural Resources of the United States
Senate. Such legal description shall have the same force and effect as
if included in this subchapter, except that the Secretary may correct
clerical and typographical errors in such legal description and in the
map referred to in subsection (a) of this section. The legal
description shall be on file and available for public inspection in the
offices of the National Park Service, Department of the Interior.
(Pub. L. 100-225, title I, 101, Dec. 31, 1987, 101 Stat. 1539.)
16 USC 460uu-1. Transfer of administrative control of lands and waters
TITLE 16 -- CONSERVATION
Lands and waters and interests therein within the boundaries of the
monument, which as of the day prior to December 31, 1987, were
administered by the Forest Service, United States Department of
Agriculture, are hereby transferred to the administrative jurisdiction
of the Secretary to be managed as part of the monument in accordance
with this subchapter. The boundaries of the Cibola National Forest
shall be adjusted accordingly.
(Pub. L. 100-225, title I, 102, Dec. 31, 1987, 101 Stat. 1539.)
16 USC 460uu-2. Management
TITLE 16 -- CONSERVATION
The Secretary, acting through the Director of the National Park
Service, shall manage the monument in accordance with the provisions of
this subchapter, sections 1 and 2 to 4 of this title, and other
provisions of law applicable to units of the National Park System. The
Secretary shall protect, manage, and administer the monument for the
purposes of preserving the scenery and the natural, historic, and
cultural resources of the monument and providing for the public
understanding and enjoyment of the same in such a manner as to
perpetuate these qualities for future generations.
(Pub. L. 100-225, title I, 103, Dec. 31, 1987, 101 Stat. 1539.)
16 USC 460uu-3. Grazing permits
TITLE 16 -- CONSERVATION
Where any lands included within the boundary of the monument on the
map referred to in subsection /1/ 460uu(a) of this title are legally
occupied or utilized on December 31, 1987, for grazing purposes,
pursuant to a lease, permit, or license which is --
(a) for a fixed term of years issued or authorized by any department,
establishment, or agency of the United States, and
(b) scheduled for termination before December 31, 1997,
the Secretary, notwithstanding any other provision of law, shall
allow the persons holding such grazing privileges (or their heirs) to
retain such grazing privileges until December 31, 1997, subject to such
limitations, conditions, or regulations as the Secretary may prescribe
to insure proper range management. No grazing shall be permitted on
lands within the boundaries of the monument on or after January 1, 1998.
(Pub. L. 100-225, title I, 104, Dec. 31, 1987, 101 Stat. 1540.)
/1/ So in original. Probably should be ''section''.
16 USC Part B -- Masau Trail
TITLE 16 -- CONSERVATION
16 USC 460uu-11. Designation
TITLE 16 -- CONSERVATION
In order to provide for public appreciation, education,
understanding, and enjoyment of certain nationally significant sites of
antiquity in New Mexico and eastern Arizona which are accessible by
public road, /1/ the Secretary, acting through the Director of the
National Park Service, with the concurrence of the agency having
jurisdiction over such roads, is authorized to designate, by publication
of a description thereof in the Federal Register, a vehicular tour route
along existing public roads linking prehistoric and historic cultural
sites in New Mexico and eastern Arizona. Such a route shall be known as
the Masau Trail (hereinafter referred to as the ''trail'').
(Pub. L. 100-225, title II, 201, Dec. 31, 1987, 101 Stat. 1540.)
/1/ So in original. Probably should be ''roads,''.
16 USC 460uu-12. Areas included
TITLE 16 -- CONSERVATION
The trail shall include public roads linking El Malpais National
Monument as established pursuant to part A of this subchapter, El Morro
National Monument, Chaco Cultural National Historical Park, Aztec Ruins
National Monument, Canyon De Chelly National Monument, Pecos National
Monument, Gila Cliff Dwellings National Monument, Zuni-Cibola National
Historical Park, and Petroglyph National Monument. The Secretary may,
in the manner set forth in section 460uu-11 of this title, designate
additional segments of the trail from time to time as appropriate to
link the foregoing sites with other cultural sites or sites of national
significance when such sites are designated and protected by Federal,
State, or local governments, Indian tribes, or nonprofit entities.
(Pub. L. 100-225, title II, 202, Dec. 31, 1987, 101 Stat. 1540; Pub.
L. 100-567, 10, Oct. 31, 1988, 102 Stat. 2852; Pub. L. 101-313, title
III, 301, June 27, 1990, 104 Stat. 279.)
1990 -- Pub. L. 101-313 inserted reference to Petroglyph National
Monument.
1988 -- Pub. L. 100-567, which directed substitution of ''Gila Cliff
Dwellings National Monument, and Zuni-Cibola National Historical Park''
for ''and Gila Cliff Dwelling National Monument'' was executed by making
substitution for ''and Gila Cliff Dwellings National Monument'' as the
probable intent of Congress.
16 USC 460uu-13. Information and interpretation
TITLE 16 -- CONSERVATION
With respect to sites linked by segments of the trail which are
administered by other Federal, State, local, tribal, or nonprofit
entities, the Secretary may, pursuant to cooperative agreements with
such entities, provide technical assistance in the development of
interpretive devices and materials in order to contribute to public
appreciation of the natural and cultural resources of the sites along
the trail. The Secretary, in cooperation with State and local
governments, Indian tribes, and nonprofit entities, shall prepare and
distribute informational material for the public appreciation of sites
along the trail.
(Pub. L. 100-225, title II, 203, Dec. 31, 1987, 101 Stat. 1541.)
16 USC 460uu-14. Markers
TITLE 16 -- CONSERVATION
The trail shall be marked with appropriate markers to guide the
public. With the concurrence and assistance of the State or local
entity having jurisdiction over the roads designated as part of the
trail, the Secretary may erect thereon and maintain signs and other
informational devices displaying the Masau Trail Marker. The Secretary
is authorized to accept the donation of suitable signs and other
informational devices for placement at appropriate locations.
(Pub. L. 100-225, title II, 204, Dec. 31, 1987, 101 Stat. 1541.)