CHAPTER 1 —NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER I—NATIONAL PARK SERVICE
SUBCHAPTER II—VOLUNTEERS IN PARKS PROGRAM
SUBCHAPTER III—NATIONAL PARK FOUNDATION
SUBCHAPTER III–A—NATIONAL PARK SYSTEM VISITOR FACILITY
SUBCHAPTER III–B—PARK SYSTEM RESOURCE PROTECTION
SUBCHAPTER IV—CONCESSIONS FOR ACCOMMODATIONS, FACILITIES, AND SERVICES IN AREAS ADMINISTERED BY NATIONAL PARK SERVICE
SUBCHAPTER V—YELLOWSTONE NATIONAL PARK
SUBCHAPTER VI—SEQUOIA AND YOSEMITE NATIONAL PARKS
SUBCHAPTER VII—REDWOOD NATIONAL PARK
SUBCHAPTER VIII—KINGS CANYON NATIONAL PARK
SUBCHAPTER IX—COLONIAL NATIONAL HISTORICAL PARK
SUBCHAPTER X—NORTH CASCADES NATIONAL PARK
SUBCHAPTER XI—MOUNT RAINIER NATIONAL PARK
SUBCHAPTER XII—MESA VERDE NATIONAL PARK
SUBCHAPTER XIII—PETRIFIED FOREST NATIONAL PARK
SUBCHAPTER XIV—CRATER LAKE NATIONAL PARK
SUBCHAPTER XV—WIND CAVE NATIONAL PARK
SUBCHAPTER XVI—CESSION OF INDIAN LANDS AT SULPHUR, OKLAHOMA
SUBCHAPTER XVII—BIG BEND NATIONAL PARK
SUBCHAPTER XVIII—SARATOGA NATIONAL HISTORICAL PARK
SUBCHAPTER XIX—VOYAGEURS NATIONAL PARK
SUBCHAPTER XX—GLACIER NATIONAL PARK
SUBCHAPTER XXI—ROCKY MOUNTAIN NATIONAL PARK
SUBCHAPTER XXII—LASSEN VOLCANIC NATIONAL PARK
SUBCHAPTER XXIII—ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORIC SITE
SUBCHAPTER XXIV—GRAND CANYON NATIONAL PARK
SUBCHAPTER XXV—JEAN LAFITTE NATIONAL HISTORICAL PARK
Part A—Generally
Part B—Chalmette Unit
SUBCHAPTER XXVI—THEODORE ROOSEVELT NATIONAL PARK
SUBCHAPTER XXVII—OLYMPIC NATIONAL PARK
SUBCHAPTER XXVIII—CUMBERLAND GAP NATIONAL HISTORICAL PARK
SUBCHAPTER XXIX—CANYONLANDS NATIONAL PARK
SUBCHAPTER XXX—ARCHES NATIONAL PARK
SUBCHAPTER XXXI—CAPITOL REEF NATIONAL PARK
SUBCHAPTER XXXII—NEZ PERCE NATIONAL HISTORICAL PARK
SUBCHAPTER XXXIII—SAN JUAN ISLAND NATIONAL HISTORICAL PARK
SUBCHAPTER XXXIV—GUADALUPE MOUNTAINS NATIONAL PARK
SUBCHAPTER XXXV—WOLF TRAP FARM PARK
SUBCHAPTER XXXVI—GEORGE ROGERS CLARK NATIONAL HISTORICAL PARK
SUBCHAPTER XXXVII—ACADIA NATIONAL PARK
SUBCHAPTER XXXVIII—ZION NATIONAL PARK
SUBCHAPTER XXXIX—DENALI NATIONAL PARK
SUBCHAPTER XL—HOT SPRINGS NATIONAL PARK
SUBCHAPTER XLI—HAWAII NATIONAL PARK
SUBCHAPTER XLII—HALEAKALA NATIONAL PARK
SUBCHAPTER XLII–A—KALOKO-HONOKOHAU NATIONAL HISTORICAL PARK
SUBCHAPTER XLIII—PUUHONUA o HONAUNAU NATIONAL HISTORICAL PARK
SUBCHAPTER XLIV—VIRGIN ISLANDS NATIONAL PARK
SUBCHAPTER XLV—BRYCE CANYON NATIONAL PARK
SUBCHAPTER XLVI—SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS NATIONAL PARK
SUBCHAPTER XLVII—MAMMOTH CAVE NATIONAL PARK
SUBCHAPTER XLVIII—COOS COUNTY, OREGON
SUBCHAPTER XLIX—GRAND TETON NATIONAL PARK
SUBCHAPTER L—CARLSBAD CAVERNS NATIONAL PARK
SUBCHAPTER LI—INDEPENDENCE NATIONAL HISTORICAL PARK
SUBCHAPTER LI–A—NATIONAL CONSTITUTION CENTER
SUBCHAPTER LII—ISLE ROYALE NATIONAL PARK
SUBCHAPTER LIII—MORRISTOWN NATIONAL HISTORICAL PARK
SUBCHAPTER LIV—EVERGLADES NATIONAL PARK
SUBCHAPTER LV—MINUTE MAN NATIONAL HISTORICAL PARK
SUBCHAPTER LVI—CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK
SUBCHAPTER LVII—BOSTON NATIONAL HISTORICAL PARK
SUBCHAPTER LVIII—VALLEY FORGE NATIONAL HISTORICAL PARK
SUBCHAPTER LIX—KLONDIKE GOLD RUSH NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–A—LOWELL NATIONAL HISTORICAL PARK
Part A—Establishment of Park and Preservation District
Part B—Powers and Duties of Secretary
Part C—Powers and Duties of Preservation Commission
SUBCHAPTER LIX–B—WAR IN THE PACIFIC NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–C—SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–D—CHANNEL ISLANDS NATIONAL PARK
SUBCHAPTER LIX–E—BISCAYNE NATIONAL PARK
SUBCHAPTER LIX–F—ALASKAN NATIONAL PARKS
SUBCHAPTER LIX–G—CHACO CULTURE NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–H—KALAUPAPA NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–I—LYNDON B. JOHNSON NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–J—WOMEN'S RIGHTS NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–K—GREAT BASIN NATIONAL PARK
SUBCHAPTER LIX–L—SAN FRANCISCO MARITIME NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–M—NATCHEZ NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–N—ZUNI-CIBOLA NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–O—NATIONAL PARK OF AMERICAN SAMOA
SUBCHAPTER LIX–P—PECOS NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–Q—TUMACACORI NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–R—SALT RIVER BAY NATIONAL HISTORICAL PARK AND ECOLOGICAL PRESERVE AT ST. CROIX, VIRGIN ISLANDS
SUBCHAPTER LIX–S—HOPEWELL CULTURE NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–T—MARSH-BILLINGS NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–U—DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK
Part A—Dayton Aviation Heritage National Historical Park
Part B—Dayton Aviation Heritage Commission
SUBCHAPTER LIX–V—DRY TORTUGAS NATIONAL PARK
SUBCHAPTER LIX–W—KEWEENAW NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–X—SAGUARO NATIONAL PARK
SUBCHAPTER LIX–Y—CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part A—Death Valley National Park
Part B—Joshua Tree National Park
Part C—Mojave National Preserve
Part D—Miscellaneous Provisions
SUBCHAPTER LIX–Z—NEW ORLEANS JAZZ NATIONAL HISTORICAL PARK
SUBCHAPTER LIX–AA—CANE RIVER CREOLE NATIONAL HISTORICAL PARK AND NATIONAL HERITAGE AREA
Part A—Cane River Creole National Historical Park
Part B—Cane River National Heritage Area
SUBCHAPTER LX—NATIONAL MILITARY PARKS
SUBCHAPTER LXI—NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
SUBCHAPTER LXII—MISCELLANEOUS
SUBCHAPTER LXIII—NATIONAL SEASHORE RECREATIONAL AREAS
SUBCHAPTER LXIV—RECREATIONAL DEMONSTRATION PROJECTS
SUBCHAPTER LXV—NATIONAL PARKWAYS
SUBCHAPTER LXVI—PUBLIC PARK AND RECREATIONAL FACILITIES AT WATER RESOURCE DEVELOPMENT PROJECTS
SUBCHAPTER LXVII—COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR AREAS
SUBCHAPTER LXVIII—NATIONAL CONSERVATION RECREATIONAL AREAS
SUBCHAPTER LXIX—OUTDOOR RECREATION PROGRAMS
Part A—Coordination of Programs
Part B—Land and Water Conservation Fund
Part C—Water Resources Projects
Part D—Land Transfers
Part E—Reclamation Recreation Management
SUBCHAPTER LXX—OZARK NATIONAL SCENIC RIVERWAYS
SUBCHAPTER LXXI—BUFFALO NATIONAL RIVER
SUBCHAPTER LXXI–A—NEW RIVER GORGE NATIONAL RIVER
SUBCHAPTER LXXII—LAKE MEAD NATIONAL RECREATION AREA
SUBCHAPTER LXXIII—DELAWARE WATER GAP NATIONAL RECREATION AREA
SUBCHAPTER LXXIV—SPRUCE KNOB-SENECA ROCKS NATIONAL RECREATION AREA
SUBCHAPTER LXXV—WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION AREA
SUBCHAPTER LXXVI—MOUNT ROGERS NATIONAL RECREATION AREA
SUBCHAPTER LXXVII—PICTURED ROCKS NATIONAL LAKESHORE
SUBCHAPTER LXXVIII—BIGHORN CANYON NATIONAL RECREATION AREA
SUBCHAPTER LXXIX—INDIANA DUNES NATIONAL LAKESHORE
SUBCHAPTER LXXX—FLAMING GORGE NATIONAL RECREATION AREA
SUBCHAPTER LXXXI—APOSTLE ISLANDS NATIONAL LAKESHORE
SUBCHAPTER LXXXII—SLEEPING BEAR DUNES NATIONAL LAKESHORE
SUBCHAPTER LXXXIII—KING RANGE NATIONAL CONSERVATION AREA
SUBCHAPTER LXXXIV—OREGON DUNES NATIONAL RECREATION AREA
SUBCHAPTER LXXXV—SAWTOOTH NATIONAL RECREATION AREA
SUBCHAPTER LXXXVI—GOLDEN GATE NATIONAL RECREATION AREA
SUBCHAPTER LXXXVII—GATEWAY NATIONAL RECREATION AREA
SUBCHAPTER LXXXVIII—GLEN CANYON NATIONAL RECREATION AREA
SUBCHAPTER LXXXIX—BIG SOUTH FORK NATIONAL RIVER AND RECREATION AREA
SUBCHAPTER XC—CUYAHOGA VALLEY NATIONAL RECREATION AREA
SUBCHAPTER XCI—HELLS CANYON NATIONAL RECREATION AREA
SUBCHAPTER XCII—CHICKASAW NATIONAL RECREATION AREA
SUBCHAPTER XCIII—CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA
SUBCHAPTER XCIV—ARAPAHO NATIONAL RECREATION AREA
SUBCHAPTER XCV—SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA
SUBCHAPTER XCVI—RATTLESNAKE NATIONAL RECREATION AREA
[SUBCHAPTER XCVII—RESERVED]
SUBCHAPTER XCVIII—STEESE NATIONAL CONSERVATION AREA AND WHITE MOUNTAINS NATIONAL RECREATION AREA
SUBCHAPTER XCIX—WHITE ROCKS NATIONAL RECREATION AREA
SUBCHAPTER C—OREGON CASCADES RECREATION AREA
SUBCHAPTER CI—MOUNT BAKER RECREATION AREA
SUBCHAPTER CII—ALLEGHENY NATIONAL RECREATION AREA
SUBCHAPTER CIII—PINE RIDGE NATIONAL RECREATION AREA
SUBCHAPTER CIV—KLAMATH RIVER CONSERVATION AREA
SUBCHAPTER CV—CROSS FLORIDA NATIONAL CONSERVATION AREA
SUBCHAPTER CVI—EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part A—El Malpais National Monument
Part B—Masau Trail
Part C—El Malpais National Conservation Area
Part D—Wilderness
Part E—General Provisions
SUBCHAPTER CVII—WINDING STAIR MOUNTAIN NATIONAL RECREATION AND WILDERNESS AREA
SUBCHAPTER CVIII—GAULEY RIVER NATIONAL RECREATION AREA
SUBCHAPTER CIX—SAN PEDRO RIPARIAN NATIONAL CONSERVATION AREA
SUBCHAPTER CX—CITY OF ROCKS NATIONAL RESERVE
SUBCHAPTER CXI—MISSISSIPPI NATIONAL RIVER AND RECREATION AREA
Part A—Mississippi National River and Recreation Area
Part B—Tri-Rivers Management
SUBCHAPTER CXII—GRAND ISLAND NATIONAL RECREATION AREA
SUBCHAPTER CXIII—SMITH RIVER NATIONAL RECREATION AREA
SUBCHAPTER CXIV—RED ROCK CANYON NATIONAL CONSERVATION AREA
SUBCHAPTER CXV—GILA BOX RIPARIAN NATIONAL CONSERVATION AREA
SUBCHAPTER CXVI—LAKE MEREDITH NATIONAL RECREATION AREA
SUBCHAPTER CXVII—AMISTAD NATIONAL RECREATION AREA
SUBCHAPTER CXVIII—ED JENKINS NATIONAL RECREATION AREA AND COOSA BALD NATIONAL SCENIC AREA
SUBCHAPTER CXIX—SPRING MOUNTAINS NATIONAL RECREATION AREA
SUBCHAPTER CXX—SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA
SUBCHAPTER CXXI—JEMEZ NATIONAL RECREATIONAL AREA
SUBCHAPTER I—NATIONAL PARK SERVICE
§1. Service created; director; other employees
There is created in the Department of the Interior a service to be called the National Park Service, which shall be under the charge of a director. The Secretary of the Interior shall appoint the director, and there shall also be in said service such subordinate officers, clerks, and employees as may be appropriated for by Congress. The service thus established shall promote and regulate the use of the Federal areas known as national parks, monuments, and reservations hereinafter specified, except such as are under the jurisdiction of the Secretary of the Army, as provided by law, by such means and measures as conform to the fundamental purpose of the said parks, monuments, and reservations, which purpose is to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.
(Aug. 25, 1916, ch. 408, §1,
Codification
Provisions relating to the pay of the Director and other employees have been omitted as the pay of the Director is prescribed by
Change of Name
Office of National Parks, Buildings, and Reservations designated National Park Service by act Mar. 2, 1934, ch. 38, §1,
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,
Short Title of 1983 Amendment
Short Title of 1978 Amendment
Short Title of 1970 Amendment
Short Title
Act of August 25, 1916, ch. 408,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator, and functions of Commissioner of Public Buildings, and Public Buildings Administration, transferred to Administrator of General Services by act June 30, 1949, ch. 288, title I, §103(a),
Branch of Buildings Management of National Park Service in Department of the Interior and its functions and personnel, except those relating to monuments and memorials, and certain functions of National Park Service in connection with public buildings in District of Columbia, together with personnel engaged exclusively in such functions, transferred to Public Buildings Administration, and functions of Secretary of the Interior and Director of National Park Service relating thereto transferred to Federal Works Administrator by Reorg. Plan No. I of 1939, §§301, 303, eff. July 1, 1939, 4 F.R. 2729,
Mount Rushmore National Memorial Commission and its functions transferred to National Park Service by Reorg. Plan No. II of 1939, §4(i), eff. July 1, 1939, 4 F.R. 2731,
Functions of administration of public buildings, reservations, national parks, national monuments, and national cemeteries, including those with respect to enumerated national cemeteries and parks of War Department located within continental limits of United States, consolidated, with certain exceptions, in National Park Service in Department of the Interior by Ex. Ord. No. 6166, set out as a note under
National Park Police Drug Enforcement Supplemental Authority Act
"SEC. 5051. SHORT TITLE.
"This subtitle may be cited as the 'National Park Police Drug Enforcement Supplemental Authority Act'.
"SEC. 5052. NATIONAL PARK AUTHORIZATION.
"In order to improve Federal law enforcement activities relating to the use and production of narcotics and controlled substances in National Park System units, from amounts appropriated there shall be made available to the Secretary of the Interior, in addition to sums made available under other authority of law, $3,000,000 for fiscal year 1989, and for each fiscal year thereafter, to be used for the employment and training of officers or employees of the Department of the Interior designated pursuant to section 10(b) of the Act of August 18, 1970 (
Codification of Laws Relating to United States Park Police; Feasibility Study and Report by Secretary of the Interior
National Park Centennial Commission
Cross References
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 Referred to in Other Sections
This section is referred to in
§1a. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section, act June 28, 1938, ch. 778, §1,
§1a–1. National Park System: administration; declaration of findings and purpose
Congress declares that the national park system, which began with establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States, its territories and island possessions; that these areas, though distinct in character, are united through their inter-related purposes and resources into one national park system as cumulative expressions of a single national heritage; that, individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one national park system preserved and managed for the benefit and inspiration of all the people of the United States; and that it is the purpose of this Act to include all such areas in the System and to clarify the authorities applicable to the system. Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined in
(
References in Text
This Act, referred to in text, means
Amendments
1978—
Short Title
Study of Air Traffic Over Grand Canyon
"(a)
"(b)
"(1) A report on the increase in air traffic over Grand Canyon National Park since 1987.
"(2) A forecast of the increase in air traffic over Grand Canyon National Park through 2010.
"(3) A report on the carrying capacity of the airspace over Grand Canyon National Park to ensure aviation safety and to meet the requirements established by section 3 of the Act of August 18, 1987 (
"(4) A plan of action to manage increased air traffic over Grand Canyon National Park to ensure aviation safety and to meet the requirements established by such section 3 of the Act of August 18, 1987, including any measures to encourage or require the use of quiet aircraft technology by commercial air tour operators."
Removal of Feral Burros and Horses From Death Valley National Monument
Study To Determine Appropriate Minimum Altitude for Aircraft Flying Over National Park System Units
"SECTION 1. STUDY OF PARK OVERFLIGHTS.
"(a)
"(b)
"(c)
"(1) the impacts of aircraft noise on the safety of the park system users, including hikers, rock-climbers, and boaters;
"(2) the impairment of visitor enjoyment associated with flights over such units of the National Park System;
"(3) other injurious effects of overflights on the natural, historical, and cultural resources for which such units were established; and
"(4) the values associated with aircraft flights over such units of the National Park System in terms of visitor enjoyment, the protection of persons or property, search and rescue operations and firefighting.
Such research shall evaluate the impact of overflights by both fixed-wing aircraft and helicopters. The research shall include an evaluation of the differences in noise levels within such units of the National Park System which are associated with flight by commonly used aircraft at different altitudes. The research shall apply only to overflights and shall not apply to landing fields within, or adjacent to, such units.
"(d)
"(e)
"(f)
"SEC. 2. FLIGHTS OVER YOSEMITE AND HALEAKALA DURING STUDY AND REVIEW.
"(a)
"(b)
"(c)
"(d)
"(1) emergency situations involving the protection of persons or property, including aircraft;
"(2) search and rescue operations;
"(3) flights for purposes of firefighting or for required administrative purposes; and
"(4) compliance with instructions of an air traffic controller.
"(e)
"SEC. 3. GRAND CANYON NATIONAL PARK.
"(a) Noise associated with aircraft overflights at the Grand Canyon National Park is causing a significant adverse effect on the natural quiet and experience of the park and current aircraft operations at the Grand Canyon National Park have raised serious concerns regarding public safety, including concerns regarding the safety of park users.
"(b)
"(1)
"(2)
"(3)
"(A) whether the plan has succeeded in substantially restoring the natural quiet in the park; and
"(B) such other matters, including possible revisions in the plan, as may be of interest.
The report shall include comments by the Administrator regarding the effect of the plan's implementation on aircraft safety.
"(c)
"(1) which fly a direct route between a point on the north rim outside of the Grand Canyon National Park and locations on the Hualapai Indian Reservation (as designated by the Tribe); and
"(2) whose sole purpose is transporting individuals to or from boat trips on the Colorado River and any guide of such a trip.
"SEC. 4. BOUNDARY WATERS CANOE AREA WILDERNESS.
"The Administrator shall conduct surveillance of aircraft flights over the Boundary Waters Canoe Area Wilderness as authorized by the Act of October 21, 1978 (
"SEC. 5. ASSESSMENT OF NATIONAL FOREST SYSTEM WILDERNESS OVERFLIGHTS.
"(a)
"(b)
"(c)
"SEC. 6. CONSULTATION WITH FEDERAL AGENCIES.
"In conducting the study and the assessment required by this Act, the Secretary of the Interior and the Chief of the Forest Service shall consult with other Federal agencies that are engaged in an analysis of the impacts of aircraft overflights over federally-owned land."
§1a–2. Secretary of the Interior's authorization of activities
In order to facilitate the administration of the national park system, the Secretary of the Interior is authorized, under such terms and conditions as he may deem advisable, to carry out the following activities:
(a) Transportation
Provide transportation of employees located at isolated areas of the national park system and to members of their families, where (1) such areas are not adequately served by commercial transportation, and (2) such transportation is incidental to official transportation services;
(b) Recreation
Provide recreation facilities, equipment, and services for use by employees and their families located at isolated areas of the national park system;
(c) Advisory committees; compensation and travel expenses
Appoint and establish such advisory committees in regard to the functions of the National Park Service as he may deem advisable, members of which shall receive no compensation for their services as such but who shall be allowed necessary travel expenses as authorized by
(d) Park equipment purchases
Purchase field and special purpose equipment required by employees for the performance of assigned functions which shall be regarded and listed as park equipment;
(e) Services, resources, or water contracts
Enter into contracts which provide for the sale or lease to persons, States, or their political subdivisions, of services, resources, or water available within an area of the national park system, as long as such activity does not jeopardize or unduly interfere with the primary natural or historic resource of the area involved, if such person, State, or its political subdivision—
(1) provides public accommodations or services within the immediate vicinity of an area of the national park system to persons visiting the area; and
(2) has demonstrated to the Secretary that there are no reasonable alternatives by which to acquire or perform the necessary services, resources, or water;
(f) Vehicular air-conditioning
Acquire, and have installed, air-conditioning units for any Government-owned passenger motor vehicles used by the National Park Service, where assigned duties necessitate long periods in automobiles or in regions of the United States where high temperatures and humidity are common and prolonged;
(g) Exhibits and demonstrations; sale of products and services; contracts and cooperative arrangements; credits to appropriation
Sell at fair market value without regard to the requirements of the Federal Property and Administrative Services Act of 1949, as amended [
(h) Regulations; promulgation and enforcement
Promulgate and enforce regulations concerning boating and other activities on or relating to waters located within areas of the National Park System, including waters subject to the jurisdiction of the United States: Provided, That any regulations adopted pursuant to this subsection shall be complementary to, and not in derogation of, the authority of the United States Coast Guard to regulate the use of waters subject to the jurisdiction of the United States;
(i) United States Park Police and other National Park Service employees; meals and lodging
Provide meals and lodging, as the Secretary deems appropriate, for members of the United States Park Police and other employees of the National Park Service, as he may designate, serving temporarily on extended special duty in areas of the National Park System, and for this purpose he is authorized to use funds appropriated for the expenses of the Department of the Interior.
(
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (g), is act June 30, 1949, ch. 288,
Codification
In subsec. (c), "
Amendments
1976—Subsec. (e).
Subsecs. (h), (i).
Termination of Advisory Committees
Advisory committees 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 committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
§1a–3. Legislative jurisdiction; relinquishment by Secretary; submittal of proposed agreement to Congressional committees; concurrent legislative jurisdiction
Notwithstanding any other provision of law, the Secretary of the Interior may relinquish to a State, or to a Commonwealth, territory, or possession of the United States, part of the legislative jurisdiction of the United States over National Park System lands or interests therein in that State, Commonwealth, territory, or possession: Provided, That prior to consummating any such relinquishment, the Secretary shall submit the proposed agreement to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and shall not finalize such agreement until sixty calendar days after such submission shall have elapsed. Relinquishment of legislative jurisdiction under this section may be accomplished (1) by filing with the Governor (or, if none exists, with the chief executive officer) of the State, Commonwealth, territory, or possession concerned a notice of relinquishment to take effect upon acceptance thereof, or (2) as the laws of the State, Commonwealth, territory, or possession may otherwise provide. The Secretary shall diligently pursue the consummation of arrangements with each State, Commonwealth, territory, or possession within which a unit of the National Park System is located to the end that insofar as practicable the United States shall exercise concurrent legislative jurisdiction within units of the National Park System.
(
Amendments
1994—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§1a–4. Uniform allowance
Notwithstanding
(
§1a–5. Additional areas for National Park System
(a) Areas of national significance for potential inclusion; investigation and study; transmittal to Congress of report and annual listings of areas, included on Registry of Natural Landmarks and National Register of Historic places, subject to threats of damage; printing as House document; authorization of appropriations
The Secretary of the Interior is directed to investigate, study, and continually monitor the welfare of areas whose resources exhibit qualities of national significance and which may have potential for inclusion in the National Park System. At the beginning of each fiscal year, the Secretary shall transmit to the Speaker of the House of Representatives and to the President of the Senate, comprehensive reports on each of those areas upon which studies have been completed. Each such report shall indicate and elaborate on the theme(s) which the area represents as indicated in the National Park System Plan. On this same date, and accompanying such reports, the Secretary shall transmit a listing, in generally descending order of importance or merit, of not less than twelve such areas which appear to be of national significance and which may have potential for inclusion in the National Park System. Threats to resource values, and cost escalation factors shall be considered in listing the order of importance or merit. Such listing may be comprised of any areas heretofore submitted under terms of this section, and which at the time of listing are not included in the National Park System. Accompanying the annual listing of areas shall be a synopsis, for each report previously submitted, of the current and changed condition of the resource integrity of the area and other relevant factors, compiled as a result of continual periodic monitoring and embracing the period since the previous such submission or initial report submission one year earlier. The Secretary is also directed to transmit annually to the Speaker of the House of Representatives and to the President of the Senate, at the beginning of each fiscal year, a complete and current list of all areas included on the Registry of Natural Landmarks and those areas of national significance listed on the National Register of Historic places which areas exhibit known or anticipated damage or threats to the integrity of their resources, along with notations as to the nature and severity of such damage or threats. Each report and annual listing shall be printed as a House document: Provided, That should adequate supplies of previously printed identical reports remain available, newly submitted identical reports shall be omitted from printing upon the receipt by the Speaker of the United States House of Representatives of a joint letter from the chairman of the Committee on Natural Resources of the United States House of Representatives and the chairman of the Committee on Energy and Natural Resources of the United States Senate indicating such to be the case. For the purposes of carrying out the studies for potential new Park System units and for monitoring the welfare of those resources, there are authorized to be appropriated annually not to exceed $1,000,000. For the purposes of monitoring the welfare and integrity of the national landmarks, there are authorized to be appropriated annually not to exceed $1,500,000.
(b) National Park System Plan; submission to Congress; revision and annual update of Plan
The Secretary shall submit to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, a comprehensive, "National Park System Plan", which document shall constitute a professional guide for the identification of natural and historic themes of the United States, and from which candidate areas can be identified and selected to constitute units of the National Park System. Such plan shall be revised and updated annually.
(
Amendments
1994—Subsec. (a).
Subsec. (b).
1980—Subsec. (a).
Subsec. (b).
1978—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Lower Mississippi Delta Region Initiatives
Boston Harbor Islands Study
National Historic Landmark Theme Study on American Labor History
African-American History Landmark Theme Study
Niobrara-Buffalo Prairie National Park Study
Underground Railroad Study
Civil War and Other Studies
Report to Congress on Criteria for Inclusion as Affiliated Area of National Park System
Study of Historical Camden, South Carolina, Regarding Establishment as Unit of National Park System; Transmittal to President and Congressional Committees
Crow Creek Village Archeological Site, South Dakota; Feasibility/Suitability Study; Transmittal to Congressional Committees; Cost Estimates; Site Preservation
Section 512 of
Ridgelands Area Study; Consultation and Coordination; Report to President and Congress; Authorization of Appropriations
Section 602 of
Oak Creek Canyon, Yavapai, Soldiers Wash-Mormon Canyon, and Chiricahua National Monument, Arizona; Studies by Secretaries of the Interior and Agriculture
Section 605 of
Irvine Coast-Laguna, California Study
Section 608 of
§1a–6. Law enforcement personnel within National Park System
(a) Omitted
(b) Designation authority of Secretary; powers and duties of designees
In addition to any other authority conferred by law, the Secretary of the Interior is authorized to designate, pursuant to standards prescribed in regulations by the Secretary, certain officers or employees of the Department of the Interior who shall maintain law and order and protect persons and property within areas of the National Park System. In the performance of such duties, the officers or employees, so designated, may—
(1) carry firearms and make arrests without warrant for any offense against the United States committed in his presence, or for any felony cognizable under the laws of the United States if he has reasonable grounds to believe that the person to be arrested has committed or is committing such felony, provided such arrests occur within that system or the person to be arrested is fleeing therefrom to avoid arrest;
(2) execute any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law arising out of an offense committed in that system or, where the person subject to the warrant or process is in that system, in connection with any Federal offense; and
(3) conduct investigations of offenses against the United States committed in that system in the absence of investigation thereof by any other Federal law enforcement agency having investigative jurisdiction over the offense committed or with the concurrence of such other agency.
(c) Supplemental special policemen; designation authority of Secretary; cooperation with State officials in enforcement of State law; reimbursement to State; concurrent jurisdiction; delegation of enforcement responsibilities
The Secretary of the Interior is hereby authorized to—
(1) designate officers and employees of any other Federal agency or law enforcement personnel of any State or political subdivision thereof, when deemed economical and in the public interest and with the concurrence of that agency or that State or subdivision, to act as special policemen in areas of the National Park System when supplemental law enforcement personnel may be needed, and to exercise the powers and authority provided by paragraphs (1), (2), and (3) of subsection (b) of this section;
(2) cooperate, within the National Park System, with any State or political subdivision thereof in the enforcement of supervision of the laws or ordinances of that State or subdivision; and
(3) provide limited reimbursement, to a State or its political subdivisions, in accordance with such regulations as he may prescribe, where the State has ceded concurrent legislative jurisdiction over the affected area of the system, for expenditures incurred in connection with its activities within that system which were rendered pursuant to paragraph (1) of this subsection.
(4) the authorities provided by this subsection shall supplement the law enforcement responsibilities of the National Park Service, and shall not authorize the delegation of law enforcement responsibilities of the agency to State and local governments.
(d) Special policemen not deemed Federal employees; exceptions
(1) Except as otherwise provided in this subsection, a law enforcement officer of any State or political subdivision thereof designated to act as a special policeman under subsection (c) of this section shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including, but not limited to, those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal benefits.
(2) For purposes of the tort claim provisions of title 28, a law enforcement officer of any State or political subdivision thereof shall, when acting as a special policeman under subsection (c) of this section, be considered a Federal employee.
(3) For purposes of subchapter I of
(e) Federal investigative jurisdiction and State civil and criminal jurisdiction not preempted within National Park System
Nothing contained in this Act shall be construed or applied to limit or restrict the investigative jurisdiction of any Federal law enforcement agency other than the National Park Service, and nothing shall be construed or applied to affect any right of a State or a political subdivision thereof to exercise civil and criminal jurisdiction within the National Park System.
(
References in Text
This Act, referred to in subsec. (e), is
Codification
Section is comprised of section 10 of
Cross References
Park Police uniforms to display U.S. flag emblem or colors, see
§1a–7. National Park System development program
(a) Transmittal to Congressional committees
Not later than January 15 of each calendar year, the Secretary of the Interior shall transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a detailed program for the development of facilities, structures, or buildings for each unit of the National Park System consistent with the general management plans required in subsection (b) of this section.
(b) General management plans; preparation and revision by Director of National Park Service; list to Congress; contents
General management plans for the preservation and use of each unit of the National Park System, including areas within the national capital area, shall be prepared and revised in a timely manner by the Director of the National Park Service. On January 1 of each year, the Secretary shall submit to the Congress a list indicating the current status of completion or revision of general management plans for each unit of the National Park System. General management plans for each unit shall include, but not be limited to:
(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.
(c) Concession leases and contracts; proposed awards; transmittal to Congressional committees
The Secretary of the Interior shall hereafter transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives all proposed awards of concession leases and contracts involving a gross annual business of $100,000 or more, or of five years or more in duration (including renewals thereof), and all proposed rules and regulations relating thereto, sixty days before such awards are made or such rules and regulations are promulgated.
(
Codification
The last sentence of section 12(c) of
Amendments
1994—Subsecs. (a), (c).
1978—Subsec. (b).
Subsec. (c).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§1a–7a. National Park System crime prevention assistance
(a) Availability of funds
There are authorized to be appropriated out of the Violent Crime Reduction Trust Fund, not to exceed $10,000,000, for the Secretary of the Interior to take all necessary actions to seek to reduce the incidence of violent crime in the National Park System.
(b) Recommendations for improvement
The Secretary shall direct the chief official responsible for law enforcement within the National Park Service to—
(1) compile a list of areas within the National Park System with the highest rates of violent crime;
(2) make recommendations concerning capital improvements, and other measures, needed within the National Park System to reduce the rates of violent crime, including the rate of sexual assault; and
(3) publish the information required by paragraphs (1) and (2) in the Federal Register.
(c) Distribution of funds
Based on the recommendations and list issued pursuant to subsection (b) of this section, the Secretary shall distribute the funds authorized by subsection (a) of this section throughout the National Park System. Priority shall be given to those areas with the highest rates of sexual assault.
(d) Use of funds
Funds provided under this section may be used—
(1) to increase lighting within or adjacent to National Park System units;
(2) to provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to National Park System units;
(3) to increase security or law enforcement personnel within or adjacent to National Park System units; or
(4) for any other project intended to increase the security and safety of National Park System units.
(
Cross References
Violent Crime Reduction Trust Fund, see
§1a–8. Maintenance management system
(a) Implementation and elements
Beginning in fiscal year 1985, the National Park Service shall implement a maintenance management system into the maintenance and operations programs of the National Park System. For purposes of this section the term "maintenance management system" means a system that contains but is not limited to the following elements:
(1) a work load inventory of assets including detailed information that quantifies for all assets (including but not limited to buildings, roads, utility systems, and grounds that must be maintained) the characteristics affecting the type of maintenance work performed;
(2) a set of maintenance tasks that describe the maintenance work in each unit of the National Park System;
(3) a description of work standards including frequency of maintenance, measurable quality standard to which assets should be maintained, methods for accomplishing work, required labor, equipment and material resources, and expected worker production for each maintenance task;
(4) a work program and performance budget which develops an annual work plan identifying maintenance needs and financial resources to be devoted to each maintenance task;
(5) a work schedule which identifies and prioritizes tasks to be done in a specific time period and specifies required labor resources;
(6) work orders specifying job authorizations and a record of work accomplished which can be used to record actual labor and material costs; and
(7) reports and special analyses which compare planned versus actual accomplishments and costs and can be used to evaluate maintenance operations.
(b) Reports to Congressional committees; contents
The National Park Service shall transmit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, at the end of each fiscal year, a copy of a report summarizing the status of implementation of a maintenance management system until such a system has been implemented.
The report shall incorporate the following information:
(1) the number of units in the National Park System that have implemented a maintenance management system during the period;
(2) contract costs versus management efficiencies achieved;
(3) the total amount of dollars spent on contracts for services; and
(4) estimation of the total value of benefits achieved through greater management efficiency.
(
Amendments
1994—Subsec. (b).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§1a–9. Periodic review of National Park System
The Secretary of the Interior (hereafter in
(
References in Text
Amendments
1994—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§1a–10. Consultation with affected agencies and organizations
In conducting and preparing the report referred to in
(
References in Text
Section Referred to in Other Sections
This section is referred to in
§1a–11. Contents of report
The report shall contain—
(a) A comprehensive listing of all authorized but unacquired lands within the exterior boundaries of each unit of the National Park System as of November 28, 1990.
(b) A priority listing of all such unacquired parcels by individual park unit and for the National Park System as a whole. The list shall describe the acreage and ownership of each parcel, the estimated cost of acquisition for each parcel (subject to any statutory acquisition limitations for such lands), and the basis for such estimate.
(c) An analysis and evaluation of the current and future needs of each unit of the National Park System for resource management, interpretation, construction, operation and maintenance, personnel, housing, together with an estimate of the costs thereof.
(
Section Referred to in Other Sections
This section is referred to in
§1a–12. Evaluation of proposed boundary changes
Within one year after November 28, 1990, the Secretary shall develop criteria to evaluate any proposed changes to the existing boundaries of individual park units including—
(a) analysis of whether or not the existing boundary provides for the adequate protection and preservation of the natural, historic, cultural, scenic and recreational resources integral to the unit;
(b) an evaluation of each parcel proposed for addition or deletion to the unit based on the analysis under paragraph (1); 1
(c) an assessment of the impact of potential boundary adjustments taking into consideration the factors in paragraph (c) 2 as well as the effect of the adjustments on the local communities and surrounding area.
(
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be paragraph "(a);".
§1a–13. Proposals for boundary changes
In proposing any boundary change after November 28, 1990, the Secretary shall—
(a) consult with affected agencies of State and local governments 1 surrounding communities, affected landowners and private national, regional, and local organizations;
(b) apply the criteria developed pursuant to
(c) include with such proposal an estimate of the cost for acquisition of any parcels proposed for acquisition together with the basis for the estimate and a statement on the relative priority for the acquisition of each parcel within the priorities for acquisition of other lands for such unit and for the National Park System.
(
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a comma.
§1a–14. National Park System advisory committees
(a) Charter
The provisions of section 14(b) of the Federal Advisory Committee Act (5 U.S.C. Appendix;
(b) Members
In the case of any advisory commission or advisory committee established in connection with any national park system unit, any member of such Commission or Committee may serve after the expiration of his or her term until a successor is appointed.
(
References in Text
Section 14(b) of the Federal Advisory Committee Act, referred to in subsec. (a), is section 14(b) of
§1b. Secretary of the Interior's authorization of additional activities; administration of National Park System
In order to facilitate the administration of the National Park System, the Secretary of the Interior is authorized to carry out the following activities, and he may use applicable appropriations for the aforesaid system for the following purposes:
(1) Emergency assistance
Rendering of emergency rescue, fire fighting, and cooperative assistance to nearby law enforcement and fire prevention agencies and for related purposes outside of the National Park System.
(2) Utility facilities; erection and maintenance
The erection and maintenance of fire protection facilities, water lines, telephone lines, electric lines, and other utility facilities adjacent to any area of the said National Park System, where necessary, to provide service in such area.
(3) Transportation of employees of Carlsbad Caverns National Park; rates
Transportation to and from work, outside of regular working hours, of employees of Carlsbad Caverns National Park, residing in or near the city of Carlsbad, New Mexico, such transportation to be between the park and the city, or intervening points, at reasonable rates to be determined by the Secretary of the Interior taking into consideration, among other factors, comparable rates charged by transportation companies in the locality for similar services, the amounts collected for such transportation to be credited to the appropriation current at the time payment is received: Provided, That if adequate transportation facilities are available, or shall be available by any common carrier, at reasonable rates, then and in that event the facilities contemplated by this paragraph shall not be offered.
(4) Utility services for concessioners; reimbursement
Furnishing, on a reimbursement of appropriation basis, all types of utility services to concessioners, contractors, permittees, or other users of such services, within the National Park System: Provided, That reimbursements for cost of such utility services may be credited to the appropriation current at the time reimbursements are received.
(5) Supplies and rental of equipment; reimbursement
Furnishing, on a reimbursement of appropriation basis, supplies, and the rental of equipment to persons and agencies that in cooperation with, and subject to the approval of, the Secretary of the Interior, render services or perform functions that facilitate or supplement the activities of the Department of the Interior in the administration of the National Park System: Provided, That reimbursements hereunder may be credited to the appropriation current at the time reimbursements are received.
(6) Contracts for utility facilities
Contracting, under such terms and conditions as the said Secretary considers to be in the interest of the Federal Government, for the sale, operation, maintenance, repair, or relocation of Government-owned electric and telephone lines and other utility facilities used for the administration and protection of the National Park System, regardless of whether such lines and facilities are located within or outside said system and areas.
(7) Rights-of-way
Acquiring such rights-of-way as may be necessary to construct, improve, and maintain roads within the authorized boundaries of any area of said National Park System and the acquisition also of land and interests in land adjacent to such rights-of-way, when deemed necessary by the Secretary, to provide adequate protection of natural features or to avoid traffic and other hazards resulting from private road access connections, or when the acquisition of adjacent residual tracts, which otherwise would remain after acquiring such rights-of-way, would be in the public interest.
(8) Operation and maintenance of motor and other equipment; rent of equipment; reimbursement
The operation, repair, maintenance, and replacement of motor and other equipment on a reimbursable basis when such equipment is used on Federal projects of the said National Park System, chargeable to other appropriations, or on work of other Federal agencies, when requested by such agencies. Reimbursement shall be made from appropriations applicable to the work on which the equipment is used at rental rates established by the Secretary, based on actual or estimated cost of operation, repair, maintenance, depreciation, and equipment management control and credited to appropriations currently available at the time adjustment is effected, and the Secretary may also rent equipment for fire control purposes to State, county, private, or other non-Federal agencies that cooperate with the Secretary in the administration of the said National Park System and other areas in fire control, such rental to be under the terms of written cooperative agreements, the amount collected for such rentals to be credited to appropriations currently available at the time payment is received.
(Aug. 8, 1953, ch. 384, §1,
Amendments
1970—
Section Referred to in Other Sections
This section is referred to in
§1c. General administration provisions; system defined; particular areas
(a) "National park system" defined
The "national park system" shall include any area of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.
(b) Specific provisions applicable to area; uniform application of sections 1b to 1d and other provisions of this title to all areas when not in conflict with specific provisions; references in other provisions to national parks, monuments, recreation areas, historic monuments, or parkways not a limitation of such other provisions to those areas
Each area within the national park system shall be administered in accordance with the provisions of any statute made specifically applicable to that area. In addition, the provisions of
(Aug. 8, 1953, ch. 384, §2,
References in Text
Act of October 9, 1965, referred to in subsec. (b), is
Act of March 3, 1905 (
The Land and Water Conservation Fund Act of 1965, referred to in subsec. (b), is
Act of July 15, 1968 (
Amendments
1970—Subsec. (a).
Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
§1d. Appropriations
On and after August 8, 1953, applicable appropriations of the National Park Service shall be available for the objects and purposes specified in
(Aug. 8, 1953, ch. 384, §3,
Section Referred to in Other Sections
This section is referred to in
§1e. National Capital region arts and cultural affairs; grant program
There is hereby established under the direction of the National Park Service a program to support and enhance artistic and cultural activities in the National Capital region. Eligibility for grants shall be limited to organizations of demonstrated national significance which meet at least two of the additional following criteria:
(1) an annual operating budget in excess of $1,000,000;
(2) an annual audience or visitation of at least 200,000 people;
(3) a paid staff of at least one hundred persons; or
(4) eligibility under the Historic Sites Act of 1935 (
Public or private colleges and universities are not eligible for grants under this program.
Grants awarded under this section may be used to support general operations and maintenance, security, or special projects. No organization may receive a grant in excess of $500,000 in a single year.
The Director of the National Park Service shall establish an application process, appoint a review panel of five qualified persons, at least a majority of whom reside in the National Capital region, and develop other program guidelines and definitions as required.
The contractual amounts required for the support of Ford's Theater and Wolf Trap Farm Park for the Performing Arts shall be available within the amount herein provided without regard to any other provisions of this section.
(
References in Text
The Historic Sites Act of 1935, referred to in text, which is also known as the Historic Sites, Buildings, and Antiquities Act, is act Aug. 21, 1935, ch. 593,
Cross References
National Capital arts and cultural affairs grant program under the direction of the National Endowment for the Humanities, see
§2. National parks, reservations, and monuments; supervision
The director shall, under the direction of the Secretary of the Interior, have the supervision, management, and control of the several national parks and national monuments which on August 25, 1916, were under the jurisdiction of the Department of the Interior, and of the Hot Springs National Park in the State of Arkansas, and of such other national parks and reservations of like character as may be created by Congress. In the supervision, management, and control of national monuments contiguous to national forests the Secretary of Agriculture may cooperate with said National Park Service to such extent as may be requested by the Secretary of the Interior.
(Aug. 25, 1916, ch. 408, §2,
Change of Name
Hot Springs Reservation was changed to Hot Springs National Park by section 1 of act Mar. 4, 1921.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Cross References
National Park System Advisory Board, see
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 Referred to in Other Sections
This section is referred to in
§3. Rules and regulations of national parks, reservations, and monuments; timber; leases
The Secretary of the Interior shall make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service, and any violation of any of the rules and regulations authorized by this section and
(Aug. 25, 1916, ch. 408, §3,
References in Text
Herein, referred to in text, means act Aug. 25, 1916, which is classified to this section and
Amendments
1958—
1928—Act Mar. 7, 1928, inserted last three provisos.
1920—Act June 2, 1920, substituted "and any violation of any of the rules and regulations authorized by this section and
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Cross References
Maintenance and repair of Government improvements under concession contracts, see
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 Referred to in Other Sections
This section is referred to in
§3a. Recovery of costs associated with special use permits
Notwithstanding any other provision of law, the National Park Service may on and after November 11, 1993, recover all costs of providing necessary services associated with special use permits, such reimbursements to be credited to the appropriation current at that time.
(
Similar Provisions
Similar provisions were contained in the following prior appropriation acts:
§4. Rights-of-way through public lands
The provisions of
(Aug. 25, 1916, ch. 408, §4,
References in Text
Cross References
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 Referred to in Other Sections
This section is referred to in
§5. Rights-of-way through parks or reservations for power and communications facilities
The head of the department having jurisdiction over the lands be, and he hereby 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 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 said date.
(Mar. 4, 1911, ch. 238,
Repeals
Section repealed by
Codification
Section, insofar as it relates also to rights-of-way in military and other reservations and national forests, is also set out as
Amendments
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.
Savings Provision
Repeal by
Cross References
Issuance of licenses for construction, operation and maintenance of transmission lines, for development, transmission and utilization of power, across public lands and reservations, see
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 Referred to in Other Sections
This section is referred to in
§6. Donations of lands within national parks and monuments and moneys
The Secretary of the Interior in his administration of the National Park Service is authorized, in his discretion, to accept patented lands, rights-of-way over patented lands or other lands, buildings, or other property within the various national parks and national monuments, and moneys which may be donated for the purposes of the national park and monument system.
(June 5, 1920, ch. 235, §1,
Cross References
Appropriation to cover cost of recording donated lands, see
Trust funds, donations for National Park Service deposited into Treasury as, see
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 Referred to in Other Sections
This section is referred to in
§6a. Repealed. Pub. L. 90–209, §2, Dec. 18, 1967, 81 Stat. 656
Section, act July 10, 1935, ch. 375, §4,
§7. Repealed. Oct. 31, 1951, ch. 654, §1(35), 65 Stat. 702
Section, act Jan. 24, 1923, ch. 42,
§7a. Airports in national parks, monuments and recreation areas; construction, etc.
The Secretary of the Interior (hereinafter called the "Secretary") is authorized to plan, acquire, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports in the continental United States in, or in close proximity to, national parks, national monuments, and national recreation areas, when such airports are determined by him to be necessary to the proper performance of the functions of the Department of the Interior: Provided, That no such airport shall be acquired, established, or constructed by the Secretary unless such airport is included in the then current revision of the national airport plan formulated by the Secretary of Transportation pursuant to the provisions of the Federal Airport Act: Provided further, That the operation and maintenance of such airports shall be in accordance with the standards, rules, or regulations prescribed by the Secretary of Transportation.
(Mar. 18, 1950, ch. 72, §1,
References in Text
The Federal Airport Act, referred to in text, is act May 13, 1946, ch. 251,
Amendments
1970—
1958—
Effective Date of 1958 Amendment
Section 1505(2) of
Section Referred to in Other Sections
This section is referred to in
§7b. Acquisition of lands for airport use; contracts for operation and maintenance
In order to carry out the purposes of
(Mar. 18, 1950, ch. 72, §2,
Amendments
1966—
Section Referred to in Other Sections
This section is referred to in
§7c. Authorization to sponsor airport projects; use of funds
In order to carry out the purposes of
(Mar. 18, 1950, ch. 72, §3,
References in Text
The Federal Airport Act, referred to in text, is act May 13, 1946, ch. 251,
Section Referred to in Other Sections
This section is referred to in
§7d. Jurisdiction over airports; public operation
All airports under the jurisdiction of the Secretary, unless otherwise specifically provided by law, shall be operated as public airports, available for public use on fair and reasonable terms and without unjust discrimination.
(Mar. 18, 1950, ch. 72, §4,
Section Referred to in Other Sections
This section is referred to in
§7e. Definitions
The terms "airport", "project", "project costs", "public agency", and "sponsor", as used in
(Mar. 18, 1950, ch. 72, §5,
References in Text
The Federal Airport Act, referred to in text, is act May 13, 1946, ch. 251,
Section Referred to in Other Sections
This section is referred to in
§8. Roads and trails in national parks and monuments; construction, etc.
The Secretary of the Interior, in his administration of the National Park Service, is authorized to construct, reconstruct, and improve roads and trails, inclusive of necessary bridges, in the national parks and monuments under the jurisdiction of the Department of the Interior.
(Apr. 9, 1924, ch. 86, §1,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Cross References
Approach roads and trails in national parks and national monuments, see
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 Referred to in Other Sections
This section is referred to in
§8–1. Repealed. Pub. L. 85–767, §2 [33], Aug. 27, 1958, 72 Stat. 919
Section, act Sept. 7, 1950, ch. 912, §4(a),
Act Sept. 5, 1940, ch. 715, §8,
§8a. National-park approach roads; designation
Whenever the Secretary of the Interior shall determine it to be in the public interest he may designate as national-park approach roads and as supplementary parts of the highway systems of any of the national parks roads whose primary value is to carry national-park travel and which lead across lands wholly or to the extent of 90 per centum owned by the Government of the United States and which will connect the highways within a national park with a convenient point on or leading to the Federal 7 per centum highway system: Provided, That such approach roads so designated shall be limited to not to exceed sixty miles in length between a park gateway and such point on or leading to the nearest convenient 7 per centum system road; or, if such approach road is on the 7 per centum system, it shall be limited to not to exceed thirty miles: Provided further, That not to exceed forty miles of any one approach road shall be designated in any one county.
(Apr. 9, 1924, ch. 86, §4, as added Jan. 31, 1931, ch. 79,
Cross References
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 Referred to in Other Sections
This section is referred to in
§8b. National-park approach roads and roads and trails within national parks and national monuments; construction, improvement, and maintenance; appropriation
The Secretary of the Interior is authorized during the fiscal years 1950 and 1951 to construct, reconstruct, and improve national-park approach roads designated under
(Apr. 9, 1924, ch. 86, §5, as added Jan. 31, 1931, ch. 79,
Amendments
1948—Act June 29, 1948, appropriated $10,000,000 for fiscal years 1950 and 1951, respectively.
Transfer of Functions
Functions of Administrator of General Services with respect to Bureau of Public Roads transferred to Secretary of Commerce by Reorg. Plan No. 7 of 1949, set out in the Appendix to Title 5, Government Organization and Employees.
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. Both Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act. Section 103 is classified to
Functions of Secretary of Agriculture with respect to Public Roads Administration transferred to Federal Works Administrator by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.
Effective Date of Transfer of Functions
Transfer of functions effective July 1, 1949, see Effective Date note set out under
Cross References
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 Referred to in Other Sections
This section is referred to in
§8c. National-park approach roads across or within national forests; approval of Secretary of Agriculture
Whenever any approach road is proposed under the terms of this section and
(Apr. 9, 1924, ch. 86, §6, as added Jan. 31, 1931, ch. 79,
Cross References
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 Referred to in Other Sections
This section is referred to in
§8d. National-monument approach roads
Approach roads to national monuments shall be included within the provisions of
(Mar. 4, 1931, ch. 522, title I,
Cross References
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 Referred to in Other Sections
This section is referred to in
§8e. Conveyance to States of roads leading to certain historical areas; conditions; jurisdiction
The Secretary of the Interior is authorized in his discretion, subject to such conditions as may seem to him proper, to convey by proper quitclaim deed to any State, county, municipality, or proper agency thereof, in which the same is located, all the right, title, and interest of the United States in and to any Government owned or controlled road leading to any national cemetery, national military park, national historical park, national battlefield park, or national historic site administered by the National Park Service. Prior to the delivery of any conveyance under this section and
(June 3, 1948, ch. 401, §1,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Cross References
Uniform application of this section and
Section Referred to in Other Sections
This section is referred to in
§8f. Roads leading to certain historical areas; "State" defined
The word "State" as used in
(June 3, 1948, ch. 401, §2,
Amendments
1956—Act Aug. 1, 1956, inserted "Guam" after "Puerto Rico".
Admission of Alaska and Hawaii to Statehood
Alaska was admitted into the Union on Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see
Section Referred to in Other Sections
This section is referred to in
§9. Repealed. June 30, 1949, ch. 288, title VI, §602(a)(12), 63 Stat. 400 , eff. July 1, 1949; renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583
Section, act Jan. 24, 1923, ch. 42,
§9a. Government of parks, etc.; violation of regulations as misdemeanor
The Secretary of the Army is authorized to prescribe and publish such regulations as he deems necessary for the proper government and protection of, and maintenance of good order in, national military parks, national parks, battlefield sites, national monuments, and miscellaneous memorials as are now or hereafter may be under the control of the Department of the Army; and any person who knowingly and willfully violates any such regulation shall be deemed guilty of a misdemeanor and punishable by a fine of not more than $100 or by imprisonment for not more than three months, or by both such fine and imprisonment.
(Mar. 2, 1933, ch. 180, §1,
Change of Name
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,
Consolidation of Functions
Functions of administration of national parks, national monuments, etc., including national cemeteries and parks of Department of the Army located within continental limits of United States, consolidated in an Office of National Parks, Buildings and Reservations, see Ex. Ord. No. 6166, §2, June 10, 1933, set out as a note under
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,
Cemeteries and Parks Transferred
Cemeteries and parks transferred, and postponement of transfer of national cemeteries other than those named by Ex. Ord. No. 6166, §2, as amended by Ex. Ord. No. 6228, §§1, 2, July 28, 1933, set out as notes under
§§10, 10a. Repealed. Pub. L. 91–383, §10(a)(2), (3), as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1941
Section 10, act Mar. 3, 1905, ch. 1405,
Section 10a, act Mar. 2, 1933, ch. 180, §2,
§11. Medical attention for employees
The Secretary of the Interior in his administration of the National Park Service is authorized to contract for medical attention and service for employees and to make necessary pay-roll deductions agreed to by the employees therefor.
(May 10, 1926, ch. 277, §1,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§12. Aid to visitors in emergencies
The Secretary of the Interior is authorized to aid and assist visitors within the national parks or national monuments in emergencies, and when no other source is available for the procurement of food or supplies, by the sale, at cost, of food or supplies in quantities sufficient to enable them to reach safely a point where such food or supplies can be purchased: Provided, That the receipts from such sales shall be deposited as a refund to the appropriation or appropriations current at the date of covering in of such deposit and shall be available for the purchase of similar food or supplies.
(July 3, 1926, ch. 792, §1,
Cross References
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 Referred to in Other Sections
This section is referred to in
§13. Medical attention to employees at isolated places; removal of bodies for burial
The Secretary of the Interior, in his discretion, is authorized to provide, out of moneys appropriated for the general expense of the several national parks and national monuments, medical attention for employees of the National Park Service located at isolated situations, including the moving of such employees to hospitals or other places where medical assistance is available, and in case of death to remove the bodies of deceased employees to the nearest place where they can be prepared for shipment or for burial.
(July 3, 1926, ch. 792, §2,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§14. Repealed. Pub. L. 88–578, §2(a), Sept. 3, 1964, 78 Stat. 899
Section, acts Mar. 7, 1928, ch. 137, §1,
Effective Date of Repeal
Repeal effective Jan. 1, 1965, see section 1(a) of
§14a. Appropriations; availability for printing information and signs
Appropriations made for the National Park Service shall be available for the printing of information and directional signs made of cloth and required in the administration of areas under its jurisdiction.
(May 10, 1939, ch. 119, §1,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§14b. Credits of receipts for meals and quarters furnished Government employees in the field
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,
Codification
Section is also set out as
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§14c. Availability for expense of recording donated lands
Appropriations made for the National Park Service shall be available for any expenses incident to the preparation and recording of title evidence covering lands to be donated to the United States for administration by the National Park Service.
(June 28, 1941, ch. 259, §1,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§14d. Use of funds for law enforcement and emergencies
On and after October 5, 1992, any funds, not to exceed $250,000 per incident, available to the National Park Service may be used, with the approval of the Secretary, to maintain law and order in emergency and other unforeseen law enforcement situations and conduct emergency search and rescue operations in the National Park System: Provided further, That any exercise of this authority must be replenished by a supplemental appropriation which must be requested as promptly as possible.
(
Amendments
1994—
§15. Appropriations for purchase of equipment; waterproof footwear
Appropriations whenever made for the National Park Service, which are available for the purchase of equipment may be used for purchase of waterproof footwear which shall be regarded and listed as park equipment.
(Mar. 7, 1928, ch. 137, §1,
§16. Central warehouses at parks and monuments; maintenance; purchase of supplies and materials; distribution
The Secretary of the Interior, in his administration of the national parks and national monuments, is authorized to maintain central warehouses at said parks and monuments, and appropriations made for the administration, protection, maintenance, and improvement of the said parks and monuments shall be available for the purchase of supplies and materials to be kept in said central warehouses for distribution at cost, including transportation and handling, to projects under specific appropriations, and transfers between the various appropriations made for the national parks and national monuments are authorized for the purpose of charging the cost of supplies and materials, including transportation and handling, drawn from central warehouses maintained under this authority to the particular appropriation benefited; and such supplies and materials as remain therein at the end of any fiscal year shall be continuously available for issuance during subsequent fiscal years and to be charged for by such transfers of funds between appropriations made for the administration, protection, maintenance, and improvement of said parks and monuments for the fiscal year then current without decreasing in any way the appropriations made for that fiscal year: Provided, That supplies and materials shall not be purchased solely for the purpose of increasing the value of storehouse stock beyond reasonable requirements for any current fiscal year.
(Apr. 18, 1930, ch. 187,
Transfer of Functions
Functions of procurement of supplies, services, stores, etc., exercised by any other agency transferred to Procurement Division in Department of the Treasury by Ex. Ord. No. 6166, §1, June 10, 1933, set out as a note under
§17. Personal equipment and supplies for employees; purchase by Secretary of the Interior; deductions from moneys due employees
The Secretary of the Interior is authorized to purchase personal equipment and supplies for employees of the National Park Service, and to make deductions therefor from moneys appropriated for salary payments or otherwise due such employees.
(May 26, 1930, ch. 324, §1,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§17a. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 647
Section, act May 26, 1930, ch. 324, §2,
§17b. Services or other accommodations for public; contracts; rates
The Secretary of the Interior is authorized to contract for services or other accommodations provided in the national parks and national monuments for the public under contract with the Department of the Interior, as may be required in the administration of the National Park Service, at rates approved by him for the furnishing of such services or accommodations to the Government and without compliance with the provisions of
(May 26, 1930, ch. 324, §3,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Cross References
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 Referred to in Other Sections
This section is referred to in
§17b–1. Repealed. Pub. L. 91–383, §12(c), as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1943
Section, acts July 31, 1953, ch. 298, title I, §1,
The last sentence of section 12(c) of
§17c. Procurement of supplies, materials, and special services to aid permittees and licensees in emergencies; authority of Secretary of the Interior
The Secretary of the Interior is authorized in emergencies, when no other source is available for the immediate procurement of supplies, materials, or special services, to aid and assist grantees, permittees, or licensees conducting operations for the benefit of the public in the national parks and national monuments by the sale at cost, including transportation and handling of such supplies, materials, or special services as may be necessary to relieve the emergency and insure uninterrupted service to the public: Provided, That the receipts from such sales shall be deposited as a refund to the appropriation or appropriations current at the date of covering in of such deposit, and shall be available for expenditure for national-park and national-monument purposes.
(May 26, 1930, ch. 324, §4,
Cross References
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 Referred to in Other Sections
This section is referred to in
§17d. Omitted
Codification
Section, act May 26, 1930, ch. 324, §5,
§17e. Care and removal of indigents; disposition of dead persons
The Secretary of the Interior is authorized, in his discretion, to provide, out of moneys appropriated for the general expenses of the several national parks, for the temporary care and removal from the park of indigents, and in case of death to provide for their burial in those national parks not under local jurisdiction for these purposes, this section in no case to authorize transportation of such indigent or dead for a distance of more than fifty miles from the national park.
(May 26, 1930, ch. 324, §6,
Cross References
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 Referred to in Other Sections
This section is referred to in
§17f. Property of employee lost, damaged, or destroyed while in use on official business; reimbursement of employee
The Secretary of the Interior in his administration of the National Park Service is authorized to reimburse employees and other owners of horses, vehicles, and other equipment lost, damaged, or destroyed while in the custody of such employee or the Department of the Interior, under authorization, contract, or loan, for necessary fire fighting, trail, or other official business, such reimbursement to be made from any available funds in the appropriation to which the hire of such equipment would be properly chargeable.
(May 26, 1930, ch. 324, §7,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§17g. Equipment required by field employees; by whom furnished and maintained
The Secretary of the Interior may require field employees of the National Park Service to furnish horses, motor and other vehicles, and miscellaneous equipment necessary for the performance of their official work; and he may provide, at Government expense, forage, care, and housing for animals, and housing or storage and fuel for vehicles and other equipment so required to be furnished.
(May 26, 1930, ch. 324, §8,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§17h. Hire, rental, and purchase of property of employees; when authorized
The Secretary of the Interior may, under such regulations as he may prescribe, authorize the hire, rental, or purchase of property from employees of the National Park Service whenever the public interest will be promoted thereby.
(May 26, 1930, ch. 324, §9,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§17i. Hire of work animals, vehicles and equipment with or without personal services; rates
The National Park Service may hire, with or without personal services, work animals and animal-drawn and motor-propelled vehicles and equipment at rates to be approved by the Secretary of the Interior and without compliance with the provisions of
(May 26, 1930, ch. 324, §10,
References in Text
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§17j. Traveling expenses of National Park System employees and dependents of deceased employees
In the administration of the National Park System, the Secretary of the Interior is authorized, under regulations prescribed by him, to pay (a) the traveling expenses of employees, including the costs of packing, crating, and transporting (including draying) their personal property, upon permanent change of station of such employees and (b) the traveling expenses as aforesaid of dependents of deceased employees (i) to the nearest housing reasonably available and of a standard not less than that which is vacated, and to include compensation for not to exceed sixty days rental cost thereof, in the case of an employee who occupied Government housing and the death of such employee requires that housing to be promptly vacated, and (ii) to the nearest port of entry in the conterminous forty-eight States in the case of an employee whose last permanent station was outside the conterminous forty-eight States.
(May 26, 1930, ch. 324, §11,
Amendments
1976—
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§17j–1. Omitted
Codification
Section, act June 18, 1940, ch. 395, §1,
§17j–2. Authorization of appropriations for road maintenance and repair; administrative expenses; lectures, investigations, telephone service, etc.
Appropriations for the National Park Service are authorized for—
(a) Necessary protection of the area of federally owned land in the custody of the National Park Service known as the Ocean Strip and Queets Corridor, adjacent to Olympic National Park, Washington; necessary repairs to the roads from Glacier Park Station through the Blackfeet Indian Reservation to the various points in the boundary line of Glacier National Park, Montana, and the international boundary; repair and maintenance of approximately two and seventy-seven one-hundredths miles of road leading from United States Highway 187 to the north entrance of Grand Teton National Park, Wyoming; maintenance of approach roads through the Lassen National Forest leading to Lassen Volcanic National Park, California; maintenance and repair of the Generals Highway between the boundaries of Sequoia National Park, California, and the Grant Grove section of Kings Canyon National Park, California; maintenance of approximately two and one-fourth miles of roads comprising those portions of the Fresno-Kings Canyon approach road, Park Ridge Lookout Road, and Ash Mountain-Advance truck trail, necessary to the administration and protection of the Sequoia and Kings Canyon National Parks; maintenance of the roads in the national forests leading out of Yellowstone National Park, Wyoming, Idaho, and Montana; maintenance of the road in the Stanislaus National Forest connecting the Tioga Road with the Hetch Hetchy Road near Mather Station, Yosemite National Park, California; and maintenance and repair of the approach road to the Little Bighorn Battlefield National Monument and the road connecting the said monument with the Reno Monument site, Montana; repair and maintenance of the class "C" road lying between the terminus of F.A. 383 at the east boundary of Coronado National Forest and the point where said class "C" road enters Coronado National Memorial in the vicinity of Montezuma Pass, approximately 5.3 miles.
(b) Administration, protection, improvement, and maintenance of areas, under the jurisdiction of other agencies of the Government, devoted to recreational use pursuant to cooperative agreements.
(c) Necessary local transportation and subsistence in kind of persons selected for employment or as cooperators, serving without other compensation, while attending fire-protection training camps.
(d) Administration, protection, maintenance, and improvement of the Chesapeake and Ohio Canal.
(e) Educational lectures in or in the vicinity of and with respect to the national parks, national monuments, and other reservations under the jurisdiction of the National Park Service; and services of field employees in cooperation with such nonprofit scientific and historical societies engaged in educational work in the various parks and monuments as the Secretary of the Interior may designate.
(f) Travel expenses of employees attending Government camps for training in forest-fire prevention and suppression and the Federal Bureau of Investigation National Police Academy, and attending Federal, State, or municipal schools for training in building fire prevention and suppression.
(g) Investigation and establishment of water rights in accordance with local custom, laws, and decisions of courts, including the acquisition of water rights or of lands or interests in lands or rights-of-way for use and protection of water rights necessary or beneficial in the administration and public use of the national parks and monuments.
(h) Acquisition of rights-of-way and construction and maintenance of a water supply line partly outside the boundaries of Mesa Verde National Park.
(i) Official telephone service in the field in the case of official telephones installed in private houses when authorized under regulations established by the Secretary.
(Aug. 7, 1946, ch. 788,
Amendments
1960—Subsec. (a).
Change of Name
"Little Bighorn Battlefield National Monument" substituted in text for "Custer Battlefield National Monument" pursuant to
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§17k. Park, parkway and recreational-area programs; study by National Park Service; consent of States; purpose; cooperation of government agencies
The Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized and directed to cause the National Park Service to make a comprehensive study, other than on lands under the jurisdiction of the Department of Agriculture, of the public park, parkway, and recreational-area programs of the United States, and of the several States and political subdivisions thereof, and of the lands throughout the United States which are or may be chiefly valuable as such areas, but no such study shall be made in any State without the consent and approval of the State officials, boards, or departments having jurisdiction over such lands and park areas. The said study shall be such as, in the judgment of the Secretary, will provide data helpful in developing a plan for coordinated and adequate public park, parkway, and recreational-area facilities for the people of the United States. In making the said study and in accomplishing any of the purposes of this section and
(June 23, 1936, ch. 735, §1,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
National Outdoor Recreation Resources Review Commission
The Commission was directed to proceed as soon as practicable to set in motion a nationwide inventory and evaluation of outdoor recreation resources and opportunities, directly and through the Federal agencies, the States, and private organizations and groups, utilizing to the fullest extent possible such studies, data, and reports previously prepared or concurrently in process by Federal agencies, States, private organizations, groups, and others, and to compile such data and in the light of the data so compiled and of information available concerning trends in population, leisure, transportation, and other factors shall determine the amount, kind, quality, and location of such outdoor recreation resources and opportunities as will be required by the year 1976 and the year 2000, and shall recommend what policies should best be adopted and what programs be initiated, at each level of government and by private organizations and other citizen groups and interests, to meet such future requirements.
The Commission was required to present not later than January 31, 1962, a report of its review, a compilation of its data, and its recommendations on a State by State, region by region, and national basis to the President and to the Congress, and ceased to exist not later than September 1, 1962.
Outdoor Recreation Programs
Coordination and development of programs relating to outdoor recreation, see
Section Referred to in Other Sections
This section is referred to in
§17l. Coordination; planning by States with aid of National Park Service
For the purpose of developing coordinated and adequate public park, parkway, and recreational-area facilities for the people of the United States, the Secretary is authorized to aid the several States and political subdivisions thereof in planning such areas therein, and in cooperating with one another to accomplish these ends. Such aid shall be made available through the National Park Service acting in cooperation with such State agencies or agencies of political subdivisions of States as the Secretary deems best.
(June 23, 1936, ch. 735, §2,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§17m. Consent of Congress to agreements between States; when agreements effective
The consent of Congress is given to any two or more States to negotiate and enter into compacts or agreements with one another with reference to planning, establishing, developing, improving, and maintaining any park, parkway, or recreational area. No such compact or agreement shall be effective until approved by the legislatures of the several States which are parties thereto and by the Congress of the United States.
(June 23, 1936, ch. 735, §3,
Section Referred to in Other Sections
This section is referred to in
§17n. "State" defined
As used in
(June 23, 1936, ch. 735, §4,
Amendments
1956—Act Aug. 1, 1956, inserted "Guam" after "Puerto Rico".
Admission of Alaska and Hawaii to Statehood
Alaska was admitted into the Union on Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see
Section Referred to in Other Sections
This section is referred to in
§18. Promotion of tourist travel
The Secretary of Commerce shall encourage, promote, and develop travel within the United States, including any Commonwealth, territory, and possession thereof, through activities which are in the public interest and which do not compete with activities of any State, city, or private agency.
(July 19, 1940, ch. 642, §1,
Amendments
1975—
Transfer of Functions
Section 2 of
"(a) There are hereby transferred to and vested in the Secretary of Commerce all functions, powers, and duties of the Secretary of the Interior and other offices and officers of the Department of the Interior under the Act of July 19, 1940 (
"(b) The assets, liabilities, contracts, property, records, authorizations, and allocations, employed, held, used, rising from, available or to be made available in connection with the functions, powers, and duties transferred by subsection (a) of this section are hereby transferred to the Secretary of Commerce."
Section Referred to in Other Sections
This section is referred to in
§18a. Cooperation with travel agencies; publication of information
In carrying out the purposes of
(July 19, 1940, ch. 642, §2,
Transfer of Functions
For transfer of functions of Secretary of the Interior to Secretary of Commerce, see Transfer of Functions note set out under
Section Referred to in Other Sections
This section is referred to in
§18b. Advisory committee for promotion of tourist travel; expenses
The Secretary of Commerce is authorized to create an advisory committee to consist of a representative from each of the Departments of State, Agriculture, and Commerce, the Interstate Commerce Commission, and the Department of Transportation, as may be designated by such Departments or agencies, respectively, and such additional members, representatives of the various sections of the Nation, including transportation and accommodations agencies, not to exceed six members, to be appointed by the Secretary of Commerce to serve at his pleasure. Meetings of the committee shall be held at the request of the Secretary for the purpose of making recommendations concerning the promotion of tourist travel under the provisions of
(July 19, 1940, ch. 642, §3,
Amendments
1984—
1981—
Effective Date of 1984 Amendment
Amendment by
Transfer of Functions
Secretary of Commerce substituted for Secretary of the Interior in view of transfer of functions to Secretary of Commerce from Secretary of the Interior by section 2 of
Termination of Advisory Committees
Advisory committees 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 committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
Section Referred to in Other Sections
This section is referred to in
§18c. Rules and regulations; employees
In the performance of his functions and duties under the provisions of
(a) To prescribe, amend, and repeal such rules and regulations as he may deem necessary, and to accept contributions for carrying out the purposes of said sections; and
(b) To employ, subject to
(July 19, 1940, ch. 642, §4,
Codification
Provisions of par. (b) authorizing the Secretary of the Interior to employ "without regard to the civil-service laws" were omitted as 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,
"
Amendments
1949—Par. (b). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by
Transfer of Functions
Secretary of Commerce substituted for Secretary of the Interior in view of transfer of functions to Secretary of Commerce from Secretary of the Interior by section 2 of
Section Referred to in Other Sections
This section is referred to in
§18d. Authorization of appropriations
For the purpose of carrying out the provisions of
(July 19, 1940, ch. 642, §5,
Amendments
1975—
1970—
Section Referred to in Other Sections
This section is referred to in
§18e. Repealed. Sept. 20, 1941, ch. 412, title V, §541(c), 55 Stat. 710
Section, act June 28, 1941, ch. 259, §1,
§18f. Management of museum properties
The purpose of this section shall be to increase the public benefits from museums established within the individual areas administered by the Secretary of the Interior through the National Park Service as a means of informing the public concerning the areas and preserving valuable objects and relics relating thereto. The Secretary of the Interior, notwithstanding other provisions or limitations of law, may perform the following functions in such manner as he shall consider to be in the public interest:
(a) Donations and bequests
Accept donations and bequests of money or other personal property, and hold, use, expend, and administer the same for purposes of this section;
(b) Use of donations
Purchase from such donations and bequests of money museum objects, museum collections, and other personal properties at prices he considers to be reasonable;
(c) Exchanges
Make exchanges by accepting museum objects, museum collections, and other personal properties, and by granting in exchange therefor museum property under the administrative jurisdiction of the Secretary which is no longer needed or which may be held in duplicate among the museum properties administered by the Secretary, such exchanges to be consummated on a basis which the Secretary considers to be equitable and in the public interest;
(d) Accepting loans of museum objects
Accept the loan of museum objects, museum collections, and other personal properties and pay transportation costs incidental thereto, such loans to be accepted upon terms and conditions which he shall consider necessary; and
(e) Making loans of museum objects
Loan to responsible public or private organizations, institutions, or agencies, without cost to the United States, such museum objects, museum collections, and other personal property as he shall consider advisable, such loans to be made upon terms and conditions which he shall consider necessary to protect the public interest in such properties.
(July 1, 1955, ch. 259,
Section Referred to in Other Sections
This section is referred to in
§18f–1. Disposal of unnecessary or duplicate museum objects; use of proceeds
In fiscal year 1991 and thereafter, the Secretary may exercise the authorities granted in
(
SUBCHAPTER II—VOLUNTEERS IN PARKS PROGRAM
Subchapter Referred to in Other Sections
This subchapter is referred to in
§18g. Creation of program
The Secretary of the Interior (hereinafter referred to as the Secretary) is authorized to recruit, train, and accept without regard to the civil service classification laws, rules, or regulations the services of individuals without compensation as volunteers for or in aid of interpretive functions, or other visitor services or activities in and related to areas administered by the Secretary through the National Park Service. In accepting such services of individuals or volunteers, the Secretary shall not permit the use of volunteers in hazardous duty or law enforcement work or in policymaking processes, or to displace any employee: Provided, That the services of individuals whom the Secretary determines are skilled in performing hazardous activities may be accepted.
(
References in Text
The civil service classification laws, referred to in text, are set forth in
Amendments
1984—
Short Title
Section 5 of
§18h. Incidental expenses
The Secretary is authorized to provide for incidental expenses, such as transportation, uniforms, lodging, and subsistence.
(
§18i. Federal employee status for volunteers
(a) Employment status of volunteers
Except as otherwise provided in this section, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensations, and Federal employee benefits.
(b) Tort claims
For the purpose of the tort claim provisions of title 28, a volunteer under this subchapter shall be considered a Federal employee.
(c) Civil employees
For the purposes of subchapter I of
(d) Compensation for losses and damages
For the purpose of claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, a volunteer under this subchapter shall be considered a Federal employee, and the provisions of
(
References in Text
The tort claim provisions of title 28, referred to in subsec. (b), are the provisions of the Federal Tort Claims Act, classified to section 1346(b) and
Amendments
1990—Subsec. (d).
§18j. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter, but not more than $1,000,000 shall be appropriated in any one year.
(
Amendments
1984—
1975—
Effective Date of 1984 Amendment
Section 1(a) of
SUBCHAPTER III—NATIONAL PARK FOUNDATION
§§19 to 19c. Repealed. Pub. L. 90–209, §2, Dec. 18, 1967, 81 Stat. 656
Sections, act July 10, 1935, ch. 375, §§1–3, 5,
§19d. Repealed. Aug. 30, 1954, ch. 1076, §1(25), 68 Stat. 968
Section, act July 10, 1935, ch. 375, §6,
§19e. Congressional statement of purpose; establishment of Foundation
In order to encourage private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in connection with, the National Park Service, its activities, or its services, and thereby to further the conservation of natural, scenic, historic, scientific, educational, inspirational, or recreational resources for future generations of Americans, there is hereby established a charitable and nonprofit corporation to be known as the National Park Foundation to accept and administer such gifts.
(
Short Title
§19f. Board: membership, term of office, vacancies, Chairman, Secretary, non-Federal office, quorum, seal, meetings, compensation, traveling and subsistence expenses; Foundation as successor to right, title, and interest of National Park Trust Fund Board in property or funds; abolition and repeal of National Park Trust Fund and Board provisions
The National Park Foundation shall consist of a Board having as members the Secretary of the Interior, the Director of the National Park Service, ex officio, and no less than six private citizens of the United States appointed by the Secretary of the Interior whose initial terms shall be staggered to assure continuity of administration. Thereafter, the term shall be six years, unless a successor is chosen to fill a vacancy occurring prior to the expiration of the term for which his predecessor was chosen, in which event the successor shall be chosen only for the remainder of that term. The Secretary of the Interior shall be the Chairman of the Board and the Director of the National Park Service shall be the Secretary of the Board. Membership on the Board shall not be deemed to be an office within the meaning of the statutes of the United States. A majority of the members of the Board serving at any one time shall constitute a quorum for the transaction of business, and the Foundation shall have an official seal, which shall be judicially noticed. The Board shall meet at the call of the Chairman and there shall be at least one meeting each year.
No compensation shall be paid to the members of the Board for their services as members, but they shall be reimbursed for actual and necessary traveling and subsistence expenses incurred by them in the performance of their duties as such members out of National Park Foundation funds available to the Board for such purposes. The Foundation shall succeed to all right, title, and interest of the National Park Trust Fund Board established in any property or funds, including the National Park Trust Fund, subject to the terms and conditions thereof. The National Park Trust Fund is hereby abolished, and the Act of July 10, 1935 (
(
References in Text
Act of July 10, 1935 (
§19g. Gifts, devises, or bequests; restriction; real property interests; property with encumbrances, restrictions, or subject to beneficial interests of private persons
The Foundation is authorized to accept, receive, solicit, hold, administer, and use any gifts, devises, or bequests, either absolutely or in trust of real or personal property or any income therefrom or other interest therein for the benefit of or in connection with, the National Park Service, its activities, or its services: Provided, That the Foundation may not accept any such gift, devise, or bequest which entails any expenditure other than from the resources of the Foundation. An interest in the real property includes, among other things, easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the National Park Service, its activities, or its services.
(
§19h. Property and income dealings and transactions; prohibition of engagement in business; trust company type of investments; utilization of services and facilities of Federal agencies without reimbursement; transfer instrument requirements and investments
Except as otherwise required by the instrument of transfer, the Foundation may sell, lease, invest, reinvest, retain, or otherwise dispose of or deal with any property or income thereof as the Board may from time to time determine. The Foundation shall not engage in any business, nor shall the Foundation make any investment that may not lawfully be made by a trust company in the District of Columbia, except that the Foundation may make any investment authorized by the instrument of transfer, and may retain any property accepted by the Foundation. The Foundation may utilize the services and facilities of the Department of the Interior and the Department of Justice, and such services and facilities may be made available on request to the extent practicable without reimbursement therefor.
(
§19i. Corporate succession; powers and duties of trustee; suits; personal liability for malfeasance
The Foundation shall have perpetual succession, with all the usual powers and obligations of a corporation acting as a trustee, including the power to sue and to be sued in its own name, but the members of the Board shall not be personally liable, except for malfeasance.
(
§19j. Authority for execution of contracts, instruments, and necessary or appropriate acts
The Foundation shall have the power to enter into contracts, to execute instruments, and generally to do any and all lawful acts necessary or appropriate to its purposes.
(
§19k. Bylaws, rules, and regulations; contracts for services
In carrying out the provisions of this subchapter, the Board may adopt bylaws, rules, and regulations necessary for the administration of its functions and contract for any necessary services.
(
§19l. Tax exemptions; contributions toward costs of local government; contributions, gifts, or transfers to or for use of United States
The Foundation and any income or property received or owned by it, and all transactions relating to such income or property, shall be exempt from all Federal, State, and local taxation with respect thereto. The Foundation may, however, in the discretion of its directors, contribute toward the costs of local government in amounts not in excess of those which it would be obligated to pay such government if it were not exempt from taxation by virtue of the foregoing or by virtue of its being a charitable and nonprofit corporation and may agree so to contribute with respect to property transferred to it and the income derived therefrom if such agreement is a condition of the transfer. Contributions, gifts, and other transfers made to or for the use of the Foundation shall be regarded as contributions, gifts, or transfers to or for the use of the United States.
(
Section Referred to in Other Sections
This section is referred to in title 26 section 2055.
§19m. Liability of United States
The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation.
(
§19n. Annual reports to Congress
The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to Congress an annual report of its proceedings and activities, including a full and complete statement of its receipts, expenditures, and investments.
(
SUBCHAPTER III–A—NATIONAL PARK SYSTEM VISITOR FACILITY
§§19aa to 19gg. Omitted
Codification
Sections 19aa to 19gg were omitted pursuant to section 19gg which provided that all authorities contained in this subchapter expired Sept. 30, 1989.
Section 19aa,
Section 19bb,
Section 19cc,
Section 19dd,
Section 19ee,
Section 19ff,
Section 19gg,
Short Title
Section 1 of
SUBCHAPTER III–B—PARK SYSTEM RESOURCE PROTECTION
Subchapter Referred to in Other Sections
This subchapter is referred to in title 43 section 1474b–1.
§19jj. Definitions
As used in this subchapter the term:
(a) "Attorney General" means the Attorney General of the United States.
(b) "Damages" includes the following:
(1) Compensation for—
(A)(i) the cost of replacing, restoring, or acquiring the equivalent of a park system resource; and
(ii) the value of any significant loss of use of a park system resource pending its restoration or replacement or the acquisition of an equivalent resource; or
(B) the value of the park system resource in the event the resource cannot be replaced or restored.
(2) The cost of damage assessments under
(c) "Response costs" means the costs of actions taken by the Secretary of the Interior to prevent or minimize destruction or loss of or injury to park system resources; or to abate or minimize the imminent risk of such destruction, loss, or injury; or to monitor ongoing effects of incidents causing such destruction, loss, or injury.
(d) "Park system resource" means any living or nonliving resource that is located within or is a living part of a marine regimen or a Great Lakes aquatic regimen (including an aquatic regimen within Voyageurs National Park) within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.
(e) "Regimen" means a water column and submerged lands, up to the high-tide or high-water line.
(f) "Secretary" means the Secretary of the Interior.
(
§19jj–1. Liability
(a) In general
Subject to subsection (c) of this section, any person who destroys, causes the loss of, or injures any park system resource is liable to the United States for response costs and damages resulting from such destruction, loss, or injury.
(b) Liability in rem
Any instrumentality, including but not limited to a vessel, vehicle, aircraft, or other equipment that destroys, causes the loss of, or injures any park system resource shall be liable in rem to the United States for response costs and damages resulting from such destruction, loss, or injury to the same extent as a person is liable under subsection (a) of this section.
(c) Defenses
A person is not liable under this section if such person can establish that—
(1) the destruction, loss of, or injury to the park system resource was caused solely by an act of God or an act of war;
(2) such person acted with due care, and the destruction, loss of, or injury to the park system resource was caused solely by an act or omission of a third party, other than an employee or agent of such person; or
(3) the destruction, loss, or injury to the park system resource was caused by an activity authorized by Federal or State law.
(d) Scope
The provisions of this section shall be in addition to any other liability which may arise under Federal or State law.
(
Section Referred to in Other Sections
This section is referred to in
§19jj–2. Actions
(a) Civil actions for response costs and damages
The Attorney General, upon request of the Secretary after a finding by the Secretary—
(1) of damage to a park system resource; or
(2) that absent the undertaking of response costs, damage to a park system resource would have occurred;
may commence a civil action in the United States district court for the appropriate district against any person who may be liable under
(b) Response actions and assessment of damages
(1) The Secretary shall undertake all necessary actions to prevent or minimize the destruction, loss of, or injury to park system resources, or to minimize the imminent risk of such destruction, loss, or injury.
(2) The Secretary shall assess and monitor damages to park system resources.
(
Section Referred to in Other Sections
This section is referred to in
§19jj–3. Use of recovered amounts
Response costs and damages recovered by the Secretary under the provisions of this subchapter or amounts recovered by the Federal Government under any Federal, State, or local law or regulation or otherwise as a result of damage to any living or nonliving resource located within a unit of the National Park System, except for damage to resources owned by a non-Federal entity, shall be available to the Secretary and without further congressional action may be used only as follows:
(a) Response costs and damage assessments
To reimburse response costs and damage assessments by the Secretary or other Federal agencies as the Secretary deems appropriate.
(b) Restoration and replacement
To restore, replace, or acquire the equivalent of resources which were the subject of the action and to monitor and study such resources: Provided, That no such funds may be used to acquire any lands or waters or interests therein or rights thereto unless such acquisition is specifically approved in advance in appropriations Acts and any such acquisition shall be subject to any limitations contained in the organic legislation for such park unit.
(c) Excess funds
Any amounts remaining after expenditures pursuant to subsections (a) and (b) of this section shall be deposited into the General Fund of the United States Treasury.
(d) Report to Congress
The Secretary shall report annually to the Committee on Appropriations and the Committee on Energy and Natural Resources of the United States Senate and the Committee on Appropriations and the Committee on Natural Resources of the United States House of Representatives on funds expended pursuant to this subchapter. The report shall contain a detailed analysis and accounting of all funds recovered and expended, including, but not limited to, donations received pursuant to
(
Amendments
1994—Subsec. (d).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§19jj–4. Donations
The Secretary may accept donations of money or services for expenditure or employment to meet expected, immediate, or ongoing response costs. Such donations may be expended or employed at any time after their acceptance, without further congressional action.
(
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER IV—CONCESSIONS FOR ACCOMMODATIONS, FACILITIES, AND SERVICES IN AREAS ADMINISTERED BY NATIONAL PARK SERVICE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§20. Congressional findings and statement of purpose
In furtherance of
(
Short Title
Cross References
Uniform application of
Section Referred to in Other Sections
This section is referred to in
§20a. Authority of Secretary of the Interior to encourage concessioners
Subject to the findings and policy stated in
(
§20b. Protection of concessioner's investment
(a) Contract terms; compensation for loss of investment
Without limitation of the foregoing, the Secretary may include in contracts for the providing of facilities and services such terms and conditions as, in his judgment, are required to assure the concessioner of adequate protection against loss of investment in structures, fixtures, improvements, equipment, supplies, and other tangible property provided by him for the purposes of the contract (but not against loss of anticipated profits) resulting from discretionary acts, policies, or decisions of the Secretary occurring after the contract has become effective under which acts, policies, or decisions the concessioner's authority to conduct some or all of his authorized operations under the contract ceases or his structures, fixtures, and improvements, or any of them, are required to be transferred to another party or to be abandoned, removed, or demolished. Such terms and conditions may include an obligation of the United States to compensate the concessioner for loss of investment, as aforesaid.
(b) Profit commensurate with capital invested and obligations assumed
The Secretary shall exercise his authority in a manner consistent with a reasonable opportunity for the concessioner to realize a profit on his operation as a whole commensurate with the capital invested and the obligations assumed.
(c) Reasonableness of concessioner's rates and charges
The reasonableness of a concessioner's rates and charges to the public shall, unless otherwise provided in the contract, be judged primarily by comparison with those current for facilities and services of comparable character under similar conditions, with due consideration for length of season, provision for peakloads, average percentage of occupancy, accessibility, availability, and costs of labor and materials, type of patronage, and other factors deemed significant by the Secretary.
(d) Determination of franchise fees; reconsideration every five years or oftener
Franchise fees, however stated, shall be determined upon consideration of the probable value to the concessioner of the privileges granted by the particular contract or permit involved. Such value is the opportunity for net profit in relation to both gross receipts and capital invested. Consideration of revenue to the United States shall be subordinate to the objectives of protecting and preserving the areas and of providing adequate and appropriate services for visitors at reasonable rates. Appropriate provisions shall be made for reconsideration of franchise fees at least every five years unless the contract is for a lesser period of time.
(
Termination for Cause Clauses in Concessionaire Contracts
Provisions prohibiting the Park Service from entering into future concessionaire contracts, including renewals, that do not include a termination for cause clause that provides for possible extinguishment of possessory interests excluding depreciated book value of concessionaire investments without compensation were contained in the following appropriation acts:
§20c. New or additional services; preferential rights; operations by a single concessioner
The Secretary may authorize the operation of all accommodations, facilities, and services for visitors, or of all such accommodations, facilities, and services of generally similar character, in each area, or portion thereof, administered by the National Park Service by one responsible concessioner and may grant to such concessioner a preferential right to provide such new or additional accommodations, facilities, or services as the Secretary may consider necessary or desirable for the accommodation and convenience of the public. The Secretary may, in his discretion, grant extensions, renewals, or new contracts to present concessioners, other than the concessioner holding a preferential right, for operations substantially similar in character and extent to those authorized by their current contracts or permits.
(
Section Referred to in Other Sections
This section is referred to in
§20d. Renewal preference for satisfactory performance; extensions; new contracts; public notice
The Secretary shall encourage continuity of operation and facilities and services by giving preference in the renewal of contracts or permits and in the negotiation of new contracts or permits to the concessioners who have performed their obligations under prior contracts or permits to the satisfaction of the Secretary. To this end, the Secretary, at any time in his discretion, may extend or renew a contract or permit, or may grant a new contract or permit to the same concessioner upon the termination or surrender before expiration of a prior contract or permit. Before doing so, however, and before granting extensions, renewals or new contracts pursuant to the last sentence of
(
§20e. Concessioner's possessory interest in concession property; limitations; compensation for taking; determination of just compensation
A concessioner who has heretofore acquired or constructed or who hereafter acquires or constructs, pursuant to a contract and with the approval of the Secretary, any structure, fixture, or improvement upon land owned by the United States within an area administered by the National Park Service shall have a possessory interest therein, which shall consist of all incidents of ownership except legal title, and except as hereinafter provided, which title shall be vested in the United States. Such possessory interest shall not be construed to include or imply any authority, privilege, or right to operate or engage in any business or other activity, and the use or enjoyment of any structure, fixture, or improvement in which the concessioner has a possessory interest shall be wholly subject to the applicable provisions of the contract and of laws and regulations relating to the area. The said possessory interest shall not be extinguished by the expiration or other termination of the contract and may not be taken for public use without just compensation. The said possessory interest may be assigned, transferred, encumbered, or relinquished. Unless otherwise provided by agreement of the parties, just compensation shall be an amount equal to the sound value of such structure, fixture, or improvement at the time of taking by the United States determined upon the basis of reconstruction cost less depreciation evidenced by its condition and prospective serviceability in comparison with a new unit of like kind, but not to exceed fair market value. The provisions of this section shall not apply to concessioners whose current contracts do not include recognition of a possessory interest, unless in a particular case the Secretary determines that equitable considerations warrant recognition of such interest.
(
§20f. Use of non-monetary consideration in leases of government property
The provisions of
(
§20g. Recordkeeping; audit and examination; access to books and records
Each concessioner shall keep such records as the Secretary may prescribe to enable the Secretary to determine that all terms of the concession contract have been and are being faithfully performed, and the Secretary and his duly authorized representatives shall, for the purpose of audit and examination, have access to said records and to other books, documents, and papers of the concessioner pertinent to the contract and all the terms and conditions thereof.
The Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of five (5) calendar years after the close of the business year of each concessioner or subconcessioner have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner or subconcessioner related to the negotiated contract or contracts involved.
(
SUBCHAPTER V—YELLOWSTONE NATIONAL PARK
§21. Establishment; boundaries; trespassers
The tract of land in the States of Montana and Wyoming, lying near the headwaters of the Yellowstone River and described as follows, to wit, commencing at the junction of Gardiner's River, with the Yellowstone River, and running east to the meridian passing ten miles to the eastward of the most eastern point of Yellowstone Lake; thence south along said meridian to the parallel of latitude passing ten miles south of the most southern point of Yellowstone Lake; thence west along said parallel to the meridian passing fifteen miles west of the most western point of Madison Lake; thence north along said meridian to the latitude of the junction of the Yellowstone and Gardiner's Rivers; thence east to the place of beginning, is reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart as a public park or pleasuring ground for the benefit and enjoyment of the people; and all persons who locate, or settle upon, or occupy any part of the land thus set apart as a public park, except as provided in
(R.S. §2474.)
Codification
R.S. §2474 derived from act Mar. 1, 1872, ch. 24, §1,
Cross References
Change of boundaries, see
Limitation on further extension or establishment of national parks in Wyoming, see
Section Referred to in Other Sections
This section is referred to in
§21a. Revision of boundaries; contiguous national forests; jurisdiction of forests
The boundary of the Yellowstone National Park is changed so as to read as follows:
Beginning on the present north boundary line of Yellowstone National Park at its intersection with the hydrographic divide immediately north of Pebble Creek, approximately at park boundary monument 29 east; thence following said divide around the head of the drainage of Pebble Creek to its intersection with the present east boundary line of Yellowstone National Park, at a point near park boundary monument 54 north; thence southerly along said boundary line to its intersection with the hydrographic divide between Soda Butte and Cache Creeks, at a point near park boundary monument 51 north; thence easterly along said hydrographic divide to its intersection with the crest of the Absaroka Range; thence southerly along said crest to its intersection with the main hydrographic divide between Little Lamar River and the North Fork of Shoshone River, passing over Republic and Hoodoo Peaks; thence westerly along said divide passing over Notch Mountain to its intersection with the present east boundary line of Yellowstone National Park, at a point near park boundary monument 26 north; thence continuing westerly along said divide, now between the headwaters of Lamar River and Jones Creek; headwaters of Sedge, Bear, Cub, and Clear Creeks, and the headwaters of Jones and Crow Creeks, and between Crow Creek and Middle Creek, to its intersection with the present east boundary line of Yellowstone National Park, approximately at park boundary monument 18 north, passing over Pyramid and Cathedral Peaks, Mount Chittenden, and Avalanche Peak, thence southerly along said boundary line to its intersection with the hydrographic divide immediately south of Middle Creek, approximately at park boundary monument 15 north; thence westerly along said divide, now between a southern tributary of Middle Creek, headwaters of Beaverdam, Trappers, and Mountain Creeks, and the headwaters of Canfield and Eagle Creeks, to its intersection with the present east boundary line of Yellowstone National Park, at a point near park boundary monument 5 north, passing over Reservation and Atkins Peaks, Mount Schurz, Mount Humphreys, and Eagle Peak; and
Beginning on the present west boundary line of Yellowstone National Park at its intersection with the left bank of Gallatin River between park monuments 45 and 46 north; thence northwesterly along said bank to a point opposite the hydrographic divide between Daly and Tepee Creeks; thence northeasterly across the Gallatin River and along said divide, around the headwaters of Daly, Black Butte, Specimen, and Fan Creeks, to the intersection of said divide with the present north boundary line of Yellowstone National Park, at a point near park boundary monument 11 west.
All of those lands lying within the boundary lines above described and the present north, east, and west boundary lines are included in and made a part of the Yellowstone National Park; and all of those lands of the present Yellowstone National Park excluded from the park are included in and made a part of the contiguous national forests subject to all laws and regulations applicable to national forests, and upon acceptance thereof by appropriate action of the State, jurisdiction for all purposes whatsoever shall be, and is, ceded over the land excluded from the park to the State of Wyoming.
(Mar. 1, 1929, ch. 437, §1,
Amendments
1930—Act Apr. 19, 1930, struck out "Provided, That whereas it is the purpose and intent of Congress to retain the areas hereby added to the park in its original wilderness character, therefore, no new roads shall be constructed and no hotels or permanent camps shall be authorized or permitted to be maintained on such lands".
Section Referred to in Other Sections
This section is referred to in
§21b. Extension of certain laws to park
The provisions of
(Mar. 1, 1929, ch. 437, §2,
References in Text
The Federal Power Act, referred to in text, was in the original the "Act of June 10, 1920, entitled 'An Act to create a Federal Power Commission, to provide for the improvement of navigation, the development of water power, the use of the public lands in relation thereto, and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes,' " and was redesignated the Federal Power Act by
§21c. Section 485 as extending to revised boundaries; lands acquired by exchange
The provisions of
(Mar. 1, 1929, ch. 437, §3,
§21d. Existing claims, locations, and entries as affected by revised boundaries
Nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States, whether for homestead, mineral right of way, or any other purposes whatsoever, or shall affect the right of any such claimant, locator, or entryman to the full use and enjoyment of his land.
(Mar. 1, 1929, ch. 437, §4,
References in Text
Herein, referred to in text, means act Mar. 1, 1929, which is classified to
§22. Control of park by Secretary of the Interior; removal of trespassers
The Yellowstone National Park shall be under the exclusive control of the Secretary of the Interior. In addition to the powers and duties enumerated in
(R.S. §2475; Aug. 25, 1916, ch. 408, §3,
Codification
R.S. §2475 derived from act Mar. 1, 1872, ch. 24, §2,
The words "whose duty it shall be, as soon as practicable, to make and publish such regulations as he may deem necessary or proper for the care and management of the same" were omitted from the end of the first sentence as executed legislation.
The words "In addition to the powers and duties enumerated in
"Thirty years" was substituted for "ten years" in view of section 3 of act Aug. 25, 1916, and act May 29, 1958, which authorized the Secretary to grant privileges, leases, and permits in the various parks for periods not exceeding thirty years. See
As originally enacted, this section also contained a provision that "all of the proceeds of such leases, and all other revenues that may be derived from any source connected with the park, to be expended under his [Secretary of the Interior] direction in the management of the same, and the construction of roads and bridlepaths therein." This provision was superseded by
§23. Detail of troops for protection of park
The Secretary of the Army, upon the request of the Secretary of the Interior, is authorized and directed to make the necessary details of troops to prevent trespassers or intruders from entering the park for the purpose of destroying the game or objects of curiosity therein, or for any other purpose prohibited by law, and to remove such persons from the park if found therein.
(Mar. 3, 1883, ch. 143,
Change of Name
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,
Cross References
Sequoia and Yosemite National Parks, detail of troops for protection of, see
§24. Jurisdiction over park; fugitives from justice
The Yellowstone National Park, as its boundaries now are defined, or as they may be hereafter defined or extended, shall be under the sole and exclusive jurisdiction of the United States. All the laws applicable to places under the sole and exclusive jurisdiction of the United States, shall have force and effect in said park. Nothing in this Act shall be construed to forbid the service in the park of any civil or criminal process of any court having jurisdiction in the States of Idaho, Montana, and Wyoming. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Wyoming.
(May 7, 1894, ch. 72, §1,
References in Text
This Act, referred to in text, is act May 7, 1894, which is classified to
Codification
Section 2 of act May 7, 1894, provided that the Yellowstone National Park should be part of the judicial district of Wyoming, and that the courts of the United States for the district should have jurisdiction of all offenses committed within the park. It was superseded by act Mar. 3, 1911, ch. 231, §115,
Wyoming: Jurisdiction Over Park
The act admitting the State of Wyoming into the Union, act July 10, 1890, ch. 664,
Cross References
Laws of States adopted for areas within Federal jurisdiction, see
Section Referred to in Other Sections
This section is referred to in
§25. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section, act May 7, 1894, ch. 72, §3,
§26. Regulations for hunting and fishing in park; punishment for violations; forfeitures
All hunting, or the killing, wounding, or capturing at any time of any bird or wild animal, except dangerous animals, when it is necessary to prevent them from destroying human life or inflicting an injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park by means of seines, nets, traps, or by the use of drugs or any explosive substances or compounds, or in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. The Secretary of the Interior shall make and publish such rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonderful objects within said park; and for the protection of the animals and birds in the park, from capture or destruction, or to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession within the said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, or stage or express company or railway company, receiving for transportation any of the said animals, birds, or fish so killed, taken, or caught shall be deemed guilty of a misdemeanor, and shall be fined for every such offense not exceeding $300. Any person found guilty of violating any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park, or for the protection of the property therein, for the preservation from injury or spoliation of timber, mineral deposits, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, and fish in the said park, shall be deemed guilty of a misdemeanor, and shall be subjected to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings.
All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or wild animals shall be forfeited to the United States, and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.
(May 7, 1894, ch. 72, §4,
References in Text
This Act, referred to in text, is act May 7, 1894, which is classified to
Cross References
Destruction of such animals as may be detrimental to use of national parks, see
Rules and regulations for use and management of national parks to be made by Secretary of the Interior, see
Section Referred to in Other Sections
This section is referred to in
§§27 to 29. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 27, acts May 7, 1894, ch. 72, §5,
Section 28, act May 7, 1894, ch. 72, §6,
Section 29, acts May 7, 1894, ch. 72, §7,
§30. Jail building; office of magistrate judge
The Secretary of the Interior shall cause to be erected in Yellowstone National Park a suitable building to be used as a jail, and also having in said building an office for the use of the United States magistrate judge.
(May 7, 1894, ch. 72, §9,
Codification
Section 9 of the act of May 7, 1894, contained the added clause, "the cost of such building not to exceed five thousand dollars, to be paid out of any moneys in the Treasury not otherwise appropriated upon certificate of the Secretary as a voucher therefor," which was superseded by the provisions contained in
Change of Name
"United States magistrate judge" substituted in text for "magistrate" pursuant to section 321 of
Section Referred to in Other Sections
This section is referred to in
§30a . Existing laws as affected
This Act shall not be construed to repeal existing laws conferring upon the Secretary of the Interior and the Secretary of the Army certain powers with reference to the protection, improvement, and control of the said Yellowstone National Park.
(May 7, 1894, ch. 72, §10,
References in Text
This Act, referred to in text, is act May 7, 1894, which is classified to
Change of Name
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,
Section Referred to in Other Sections
This section is referred to in
§31 . Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section, act May 7, 1894, ch. 72, §8,
§32 . Lease of lands within park
The Secretary of the Interior is authorized and empowered to lease for a period not exceeding twenty years, at an annual rental to be determined by him, to any person, corporation, or company he may authorize to transact business in the Yellowstone National Park, separate tracts of land, not exceeding twenty acres each, at such places not to exceed ten in number to any one person, corporation, or company, in said park as the comfort and convenience of visitors may require for the construction and maintenance of substantial hotel buildings and buildings for the protection of stage, stock, and equipment.
Such lease or leases shall not include any of the geysers or any objects of curiosity or interest in said park, or exclude the public from free and convenient approach thereto, or include any ground within one-eighth of a mile of any of the geysers of the Yellowstone Falls, the Grand Canyon, or the Yellowstone River, Mammoth Hot Springs, or any object of curiosity in the park; nor shall such lease convey either expressly or by implication any exclusive privilege within the park, except on the premises held thereunder and for the time therein granted. Every lease made for any property of said park shall require the lessee to observe and obey each and every provision in any Act of Congress, every rule, order, or regulation made or which shall hereafter be made and published by the Secretary of the Interior concerning the use, care, management, or government of the park, or any object or property therein under penalty of forfeiture of such lease, and shall be subject to the right of revocation and forfeiture, which shall therein be reserved by the Secretary of the Interior.
The provisions of this section are not to be construed as mandatory upon the Secretary of the Interior, but the authority herein given is to be exercised in his sound discretion.
(Aug. 3, 1894, ch. 198,
Codification
The first paragraph of this section is from act June 4, 1906, as amended by act Mar. 2, 1907, which changed the authorized term of leasing from ten years to twenty years as set out above. It superseded earlier provisions covering similar matter contained in the first sentence of act Aug. 3, 1894.
The second paragraph of the section is from act Aug. 3, 1894, which contained a further proviso that "persons or corporations now holding leases of ground in the park may, upon the surrender thereof, be granted new leases hereunder, and upon the terms and stipulations contained in their present leases, with such modifications, restrictions, and reservations as the Secretary of the Interior may prescribe" which has been omitted as temporary and executed.
A further provision that "so much of that portion of the act of March third, eighteen hundred and eighty-three, relating to the Yellowstone Park as conflict with the act, be and the same is hereby, repealed" and the portion of the act March 3, 1883, referred to in such provision, have been omitted from the Code, the last named portion having been superseded by the Acts cited to text.
Cross References
Leases of land in national parks generally, see
Section Referred to in Other Sections
This section is referred to in
§33 . Mortgages by lessees within the park
Any person, corporation, or company holding a lease within Yellowstone Park for the purposes described in
(June 4, 1906, ch. 2570,
Cross References
Leases of land in national parks generally, see
§34 . Road extensions
Road extensions and improvements shall be made in the Yellowstone National Park under and in harmony with the general plan of roads and improvements to be approved by the Secretary of the Interior.
(July 1, 1918, ch. 113, §1,
Cross References
Roads, trails, and national park approach roads, see
§35 . Private use of electricity from lighting and power plant
Private parties or companies doing business in the Yellowstone National Park under authority from the Government may be permitted, in the discretion of the Secretary of the Army, to use electricity furnished by the electric lighting and power plant of Fort Yellowstone and Mammoth Hot Springs at actual cost to the Government for operation, maintenance, and depreciation of the plant and 10 per centum additional, under such regulations as may be prescribed by the Secretary of the Army.
(Mar. 3, 1903, ch. 1007, §1,
Change of Name
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,
§36 . Disposition of surplus elk, buffalo, bear, beaver, and predatory animals
The Secretary of the Interior is authorized, in his discretion and under regulations to be prescribed by him, to give surplus elk, buffalo, bear, beaver, and predatory animals inhabiting Yellowstone National Park to Federal, State, county, and municipal authorities for preserves, zoos, zoological gardens, and parks. He may sell or otherwise dispose of the surplus buffalo of the Yellowstone National Park herd, and all moneys received from the sale of any such surplus buffalo shall be deposited in the Treasury of the United States as miscellaneous receipts.
(Jan. 24, 1923, ch. 42,
Cross References
Conservation of elk in Wyoming, National Elk Refuge in Wyoming, and Wyoming Elk Reserve, see
§36a . Disposition of surplus elk
The Secretary of the Interior is authorized in his discretion, and under regulations to be prescribed by him, to sell or otherwise dispose of the surplus elk from the Yellowstone National Park herd, and all moneys received from the sale of any such surplus elk shall be deposited in the Treasury of the United States as miscellaneous receipts.
(Mar. 4, 1929, ch. 707,
Cross References
Conservation of elk in Wyoming, National Elk Refuge in Wyoming, and Wyoming Elk Reserve, see
§37 . Provision of feed and range facilities for game animals
As a means of providing within township 8 south, ranges 7 and 8 east, and township 9 south, ranges 7, 8, and 9 east, Montana principal meridian, the winter range and winter feed facilities indispensable for the adequate and proper protection, preservation, and propagation of the elk, antelope, and other game animals of the Yellowstone National Park and adjacent lands, the Secretary of the Interior, in his discretion, and subject to the limitation hereinafter prescribed may, and is, authorized to perform the following acts:
(a) Accept and deposit in a special fund in the Treasury, and expend for the acquisition of lands as herein authorized, private funds donated for such purpose.
(b) Acquire by purchase, or by acceptance of donations or bequests, such lands in private or State ownership within the townships above described as he may deem necessary to carry out the purpose of
(May 26, 1926, ch. 399, §1,
Cross References
Conservation of elk in Wyoming, National Elk Refuge in Wyoming, and Wyoming Elk Reserve, see
Trust funds, donations for National Park Service deposited into Treasury as, see
Section Referred to in Other Sections
This section is referred to in
§38 . Exchange for State or private lands authorized
The Secretary of Agriculture is authorized in his discretion to accept, on behalf of the United States, title to any lands held in private or State ownership within the townships described in
(May 26, 1926, ch. 399, §2,
Transfer of Functions
Functions of Secretary of the Interior under this section, with respect to exchanges of lands held in private or State ownership for national forest lands or timber in Montana, transferred to Secretary of Agriculture, see
Section Referred to in Other Sections
This section is referred to in
§39 . Reservation of timber, minerals, or easements by owners on exchange
Reservations of timber, minerals, or easements, the values of which shall be duly considered in determining the values of the lands conveyed, may be made by the owner or owners thereof in lands conveyed to the United States under the provisions of
(May 26, 1926, ch. 399, §3,
Section Referred to in Other Sections
This section is referred to in
§40 . Additions to park; entry under other acts
The President of the United States is authorized, in his discretion, to add by Executive proclamation to Yellowstone National Park any or all of the lands within a certain territory or tract in township 9 south, ranges 7 and 8 east, Montana principal meridian, to wit: Beginning at a point on the north line of said Yellowstone National Park where said line crosses the divide between Reese Creek and Mol Heron Creek, thence northeasterly along said divide to the junction of said divide with the branch divide north and west of Reese Creek; thence along said branch divide in a northeasterly and easterly direction around the drainage of Reese Creek, to the Yellowstone River; thence southerly and southeasterly along the west bank of the Yellowstone River to the line marking the western limits of the town of Gardiner, Montana; thence south on said town limits line to the northern boundary of Yellowstone National Park; thence west along the north boundary of Yellowstone National Park to the point of beginning, which are unappropriated lands of the United States or which may be acquired by the United States under the provisions of
(May 26, 1926, ch. 399, §6,
References in Text
The mining laws of the United States, referred to in text, are classified generally to Title 30, Mineral Lands and Mining.
Act of June 11, 1906, referred to in text, means act June 11, 1906, ch. 3074,
Cross References
Change of boundaries of park, see
Section Referred to in Other Sections
This section is referred to in
§40a . Educational facilities for dependents of employees; payments to school districts; limitation on amount
Under such regulations as may be prescribed by the Secretary of the Interior, payments may be made, as provided in
(June 4, 1948, ch. 417, §1,
Section Referred to in Other Sections
This section is referred to in
§40b . Cooperative agreements with States or local agencies; expansion; Federal contributions
If in the opinion of the Secretary of the Interior, the aforesaid educational facilities cannot be provided adequately and payment made therefor on a pro rata basis, as prescribed in
(June 4, 1948, ch. 417, §2,
Section Referred to in Other Sections
This section is referred to in
§40c . Creation of special fund; expenditure
For the purposes of
(June 4, 1948, ch. 417, §3,
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER VI—SEQUOIA AND YOSEMITE NATIONAL PARKS
General Grant National Park Abolished
General Grant National Park was abolished and lands transferred to Kings Canyon National Park, see
§41 . Sequoia National Park; establishment; boundaries; trespassers
The tract of land in the State of California known and described as township numbered 18 south, of range numbered 30 east, also township 18 south, range 31 east; and sections 31, 32, 33, and 34, township 17 south, range 30 east, all east of Mount Diablo meridian, is reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart as a public park, or pleasure ground, for the benefit and enjoyment of the people; and all persons who shall locate or settle upon, or occupy the same or any part thereof except as provided in
(Sept. 25, 1890, ch. 926, §1,
Cross References
Revision of boundaries of park, see
Section Referred to in Other Sections
This section is referred to in
§42 . Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1028
Section, act July 1, 1916, ch. 209, §1,
§43 . Sequoia National Park; rules and regulations; leases; fish and game; trespassers
Sequoia National Park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be to make and publish such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation from injury of all timber, mineral deposits, natural curiosities or wonders within said park, and their retention in their natural condition. He may, in his discretion, grant leases for building purposes for terms not exceeding thirty years of small parcels of ground not exceeding five acres, at such places in said park as shall require the erection of buildings for the accommodation of visitors. He shall provide against the wanton destruction of the fish and game found within said park, and against their capture or destruction, for the purposes of merchandise or profit. He shall also cause all persons trespassing upon the same to be removed therefrom, and, generally, shall be authorized to take all such measures as shall be necessary or proper to fully carry out the objects and purposes of this section and
(Sept. 25, 1890, ch. 926, §2,
Codification
"Thirty years" substituted for "ten years" in view of section 3 of act Aug. 25, 1916, and act May 29, 1958, which authorized the Secretary to grant privileges, leases, and permits in the various parks for periods not exceeding thirty years. See
As originally enacted, this section contained a further provision that "all of the proceeds of said leases and other revenues that may be derived from any source connected with said park to be expended under his [Secretary of the Interior] direction in the management of the same and the construction of roads and paths therein". This provision was superseded by
Cross References
Rules and regulations for Yosemite and Sequoia National Parks, leases, fish and game, see
Rules and regulations for government of parks, generally, see
Section Referred to in Other Sections
This section is referred to in
§§44, 45 . Transferred
Codification
Section 44, act Oct. 1, 1890, ch. 1263, §1,
Section 45, act Oct. 1, 1890, ch. 1263, §3,
§45a . Sequoia National Park; revision of boundaries
The boundaries of the Sequoia National Park, California, are changed as follows:
Beginning at the southwest corner of the present boundary of Sequoia National Park, being the southwest corner of township 18 south, range 30 east of the Mount Diablo base and meridian, California, thence easterly along the present south boundary of Sequoia National Park to its intersection with the hydrographic divide between the headwaters of South Fort 1 Kaweah River and the headwaters of that branch of Little Kern River known as Pecks Canyon; thence southerly and easterly along the crest of the hydrographic divide between Pecks Canyon and Soda Creek to its intersection with a lateral divide at approximately the east line of section 2, township 19 south, range 31 east; thence northeasterly along said lateral divide to its intersection with the township line near the southeast corner of township 18 south, range 31 east of the Mount Diablo base and meridian; thence north approximately thirty-five degrees west to the summit of the butte next north of Soda Creek (United States Geological Survey altitude eight thousand eight hundred and eighty-eight feet); thence northerly and northwesterly along the crest of the hydrographic divide to a junction with the crest of the main hydrographic divide between the headwaters of the South Fork of the Kaweah River and the headwaters of Little Kern River; thence northerly along said divide now between Horse and Cow Creeks and the headwaters of East Fork Kaweah River to its intersection with the present east boundary of Sequoia National Park, approximately at Tar Gap, being the east line of township 17 south, range 30 east; thence northerly along said line to its intersection with the main hydrographic divide north of East Fork Kaweah River; thence easterly following said divide, passing through Timber Gap to the summit of Sawtooth Peak; thence southeasterly along the crest of the Great Western Divide to the summit of Coyote Peaks (United States Geological Survey bench mark, altitude ten thousand nine hundred and nineteen feet); thence northeasterly following the main hydrographic divide south of Coyote Creek to the junction of Coyote Creek and Kern River; thence due east across Kern River to the east bank; thence following said east bank of Kern River northerly to the junction of Golden Trout Creek and Kern River; thence northeasterly following the main hydrographic divide north of Golden Trout Creek, and between the headwaters of Golden Trout Creek and Rock Creek to a junction with the main crest of the Sierra Nevada, northwest of Cirque Peak; thence northerly and westerly along said main crest of the Sierra Nevada to Junction Peak (United States Geological Survey bench mark thirteen thousand nine hundred and three feet); thence westerly along the crest of the Kings-Kern Divide to a junction with the crest of the Great Western Divide at Thunder Mountain (United States Geological Survey bench mark thirteen thousand five hundred and seventy-eight feet); thence southwesterly along the crest of the Great Western Divide to Triple Divide Peak (United States Geological Survey altitude twelve thousand six hundred and fifty-one feet); thence westerly and northwesterly along the crest of the hydrographic divide between the headwaters of Roaring River and the headwaters of the Middle and Marble Forks of the Kaweah River to Kettle Peak (United States Geological Survey altitude ten thousand and thirty-eight feet); thence westerly and southwesterly along the crest of the main hydrographic divide next north of Clover Creek and Dorst Creek to the Junction of Stony Creek and Dorst Creek; thence following the west bank of the North Fork Kaweah River to its junction with Cactus Creek; thence easterly along the first hydrographic divide south of Cactus Creek to its intersection with the present west boundary of Sequoia National Park, being the west line of township 16 south, range 29 east; thence southerly along said west boundary to the southwest corner of said township; thence easterly along the present boundary of Sequoia National Park, being the north line of township 17 south, range 29 east, to the northeast corner of said township; thence southerly along the present boundary of Sequoia National Park, being the west lines of townships 17 and 18 south, range 30 east, to the place of beginning; and all of those lands lying within the boundary line above described are included in and made a part of the Roosevelt-Sequoia National Park; and all of those lands excluded from the present Sequoia National Park are included in and made a part of the Sequoia National Forest, subject to all laws and regulations applicable to the national forests.
(July 3, 1926, ch. 744, §1,
Exclusion and Addition of Lands
Certain lands excluded from Kings Canyon National Park and added to Sequoia National Forest, see
Certain lands excluded from Sequoia National Forest and added to Kings Canyon National Park, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "Fork".
§45a–1. Addition of lands authorized
The Secretary of the Interior is authorized, in his discretion, to accept title to lands and interests in lands near the entrance to the Sequoia National Park, subject to existing easements for public highways and public utilities, within the following described tracts:
Tract A. A portion of tract 37, township 17 south, range 29 east, Mount Diablo meridian, Tulare County, California, comprising approximately two acres.
Tract B. A portion of the east half of the northeast quarter of section 4, township 17 south, range 29 east, Mount Diablo meridian, Tulare County, California, comprising approximately thirty-eight acres.
Tract C. A portion of the south half of tract 37, township 17 south, range 29 east, Mount Diablo meridian, Tulare County, California, comprising approximately sixty one-hundredths acre.
The owners of the lands to be conveyed to the United States, before any exchange is effective, shall furnish to the Secretary of the Interior evidence satisfactory to him of title to such lands. Such property shall become a part of the Sequoia National Park upon the acceptance of title thereto by the Secretary, and shall thereafter be subject to all laws and regulations applicable to the park.
(Dec. 21, 1943, ch. 372, §1,
Electric Power Development Permits
"
"
Section 3 of act Dec. 21, 1943, provided as follows: "Nothing in this Act [
Section Referred to in Other Sections
This section is referred to in
§45a–2. Exchange of certain lands for lands conveyed to United States
In exchange for the conveyance to the United States of tract A, as provided in
Tract D. A portion of the southeast quarter of section 33, township 16 south, range 29 east, Mount Diablo meridian, Tulare County, California, comprising approximately two and fifty one-hundredths acres.
In exchange for the conveyance to the United States of tracts B and C, as provided in
Tract E. The southwest quarter of the northwest quarter of section 4, which shall be subject to
(Dec. 21, 1943, ch. 372, §2,
Cross References
Electric power development permits, see note set out under
§45a–3. Repealed. Pub. L. 95–625, title III, §314(g), Nov. 10, 1978, 92 Stat. 3483
Section,
Effective Date of Repeal
Repeal effective on transfer of abolished Sequoia National Game Refuge by Secretary of Agriculture to administrative jurisdiction of the Secretary of the Interior under
§45b. Rules and regulations; leases; fish and game
The said park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be, as soon as practicable, to make and publish such reasonable rules and regulations, not inconsistent with the laws of the United States, as he may deem necessary or proper for the care, protection, management, and improvement of the same, such regulations being primarily aimed at the freest use of said park for recreation purposes by the public and for the preservation from injury or spoliation of all timber, natural curiosities, or wonders within said park and their retention in their natural condition as far as practicable, and for the preservation of said park in a state of nature so far as is consistent with the purposes of this Act. Such rules and regulations shall permit the taking of fish by hook and line from the streams or lakes in said park, but at such seasons, during such times, and in such manner as may be directed by the Secretary of the Interior. Such rules and regulations, however, shall provide against the destruction of the wild life within said park, and the Secretary of the Interior is authorized to take all such measures as shall be necessary to fully carry out the objects and purposes of this Act. Said Secretary may, in his discretion, execute leases to parcels of ground not exceeding ten acres in extent at any one place to any one person or persons or company for not to exceed twenty years, when such ground is necessary for the erection of buildings for the accommodation of visitors. Such leases or privileges may be renewed or extended at the expiration of the terms thereof: Provided, That existing leases from the Department of Agriculture may be continued, in the discretion of the Secretary of the Interior, for so long as such extension is not detrimental to the public purposes for which the park is created.
(July 3, 1926, ch. 744, §2,
References in Text
This Act, referred to in text, is act July 3, 1926, which is classified to
Cross References
Rules and regulations for Sequoia National Park, leases, timber, etc., see
Section Referred to in Other Sections
This section is referred to in
§45c. Prior claims, locations, and entries; permits for use of natural resources
Nothing herein contained shall affect any valid existing claim, location, or entry established prior to July 3, 1926, under the land laws of the United States, whether for homestead, mineral, right-of-way, or any other purpose whatsoever, or shall affect the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land: Provided, That under rules and regulations to be prescribed by him the Secretary of the Interior may issue permits to any bona fide claimant, entryman, landowner, or lessee of land within the boundaries herein established to secure timber for use on and for the improvement of his land; and he shall also have authority to issue, under rules and regulations to be prescribed by him, grazing permits and authorize the grazing of livestock on the lands within said park at fees not to exceed those charged by the Forest Service on adjacent areas, so long as such timber cutting and grazing are not detrimental to the primary purpose for which such park is created: Provided, That no permit, license, lease, or authorization for dams, conduits, reservoirs, power houses, transmission lines, or other works for storage or carriage of water, or for the development, transmission, or utilization of power within the limits of said park as constituted by said sections, shall be granted or made without specific authority of Congress.
(July 3, 1926, ch. 744, §3,
References in Text
Herein, referred to in text, means act July 3, 1926, which is classified to
Section Referred to in Other Sections
This section is referred to in
§45d. Exclusive privileges within park prohibited
No exclusive privilege shall be granted within said park, or on or over the roads and trails therein, except upon ground leased for the erection of buildings or camps thereon.
(July 3, 1926, ch. 744, §4,
Section Referred to in Other Sections
This section is referred to in
§45e. Violations of park regulations; penalty
Any person found guilty of violating any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park, or for the protection of the property therein, for the preservation from injury or spoliation of timber, natural curiosities, or other objects within said park, or for the protection of the animals, birds, and fish in said park, shall be deemed guilty of a misdemeanor, and shall be subjected to a fine of not more than $500 or imprisonment not exceeding six months or both.
(July 3, 1926, ch. 744, §5,
References in Text
This Act, referred to in text, is act July 3, 1926, which is classified to
Section Referred to in Other Sections
This section is referred to in
§45f. Mineral King Valley addition authorized
(a) Statement of purpose
It is the purpose of this section to—
(1) assure the preservation for this and future generations of the outstanding natural and scenic features of the area commonly known as the Mineral King Valley and previously designated as the Sequoia National Game Refuge; and
(2) enhance the ecological values and public enjoyment of such area by adding such area to the Sequoia National Park.
(b) Drawing copy, availability; boundary revisions: notification of Congressional committees, publication in Federal Register; abolition and transfer of Sequoia National Game Refuge to administrative jurisdiction of Secretary
(1) In order to add to the Sequoia National Park (hereinafter in this section referred to as the "park") a certain area known as Mineral King Valley possessing unique natural and scenic values, there is hereby established as part of such park all lands, waters, and interests therein, constituting approximately sixteen thousand two hundred acres designated before November 10, 1978, as the Sequoia National Game Refuge and as depicted on the drawing entitled "Boundary Map, Sequoia-Kings Canyon National Park", numbered 102–90,000 and dated April 1975. A copy of such drawing shall be on file and available for public inspection in the office of the Director, National Park Service, Department of the Interior. After advising the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate in writing, the Secretary is authorized to 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.
(2) The Sequoia National Game Refuge is hereby abolished and the Secretary of Agriculture shall transfer, without consideration, to the administrative jurisdiction of the Secretary, the area constituting such refuge, and any unexpended funds available for purposes of management of the refuge shall be available for purposes of management of the park.
(c) Acquisition of property; place and manner; owner's right of use and occupancy for fixed term of years or life; election of term; fair market value; termination; notification; incompatible commercial uses; unitary parcels; access road, right-of-way, and protective measures; hardship sale offers; limitation of authority; State donated lands; report to Congressional committees
(1) Within the boundaries of the area added to the park pursuant to this section, the Secretary may acquire lands and interests in lands by donation, purchase with donated or appropriated funds, exchange, or transfer from other Federal departments or agencies.
(2) Where the private use of any property acquired pursuant to this subsection would, in the judgment of the Secretary, be compatible with the purposes of this section, the Secretary may, as a condition of such acquisition, permit the owner or owners of such property to retain for themselves and their successors or assigns rights of use and occupancy. Such rights of use and occupancy shall be for not more than twenty-five years or for a term ending at the death of the owner or his or her spouse, whichever is later. The owner shall reserve such rights and elect the term to be reserved on the date of acquisition of the property. Except for so much of the property as is 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.
(3) A right of use and occupancy retained pursuant to paragraph (2) may be terminated by the Secretary upon his determination that the property or any portion thereof is being used in a manner which is incompatible with the purposes of this section. Such right 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 as of the date of such tender. In the case of any property which was used for noncommercial purposes during the ten calendar years immediately preceding November 10, 1978, the commercial use of such property subsequent to November 10, 1978, shall be treated as incompatible with the purposes of this section. In the case of any property which was used for commercial purposes at any time during the ten calendar years immediately preceding November 10, 1978, any substantial change or expansion of such commercial use subsequent to November 10, 1978, without the express approval of the Secretary shall be treated as incompatible with such purposes.
(4) In exercising his 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 park 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. Nothing in this section, or in any other provision of law, shall prevent the Secretary from exercising his authority to acquire property referred to in this subsection at any time after November 10, 1978.
(5) If any individual tract or parcel of land acquired is partly inside and partly outside the boundaries of the park the Secretary may, in order to minimize the payment of severance damages, acquire the whole of the tract or parcel.
(6) If the management plan prepared under subsection (e) of this section provides for improved access to the area added to the park under this section, the Secretary is authorized to acquire, by donation, purchase with donated or appropriated funds, exchange or transfer from other Federal departments or agencies, the area comprising the road from State Route 198 to, and within, the Mineral King Valley together with a right-of-way for such road of a width sufficient to include improvements to the road and all bridges, ditches, cuts, and fills appurtenant thereto, but not exceeding a maximum average width of two hundred feet. Property acquired from the State or any political subdivision thereof may be acquired by donation only. With regard to routes of access to and within the Mineral King Valley, the Secretary shall take such measures as are necessary to protect against the effects of siltation on the ecosystem of the park.
(7) The Secretary shall report to the committees of the Congress named in subsection (b)(1) of this section the action taken by him pursuant to this subsection. Such report shall contain information sufficient to inform such committees of—
(A) the acquisitions made by him pursuant to this subsection during the period covered by such report;
(B) his reasons why all of such property authorized to be acquired and not so acquired as of the date of such report, if any, have not been acquired; and
(C) his schedule of a timetable for the acquisition of such property referred to in subparagraph (B).
Such report shall be submitted before the expiration of the second fiscal year beginning after the date on which the comprehensive management plan is submitted to the committees of Congress pursuant to subsection (e) of this section.
(d) Administration; statutory authorities applicable; leases or permits: renewals or extensions, review; termination
(1) The area added to the park by this section shall be administered in accordance with this section and the provisions of law generally applicable to units of the National Park System including
(2)(A) Except in the case of a lease or permit which the Secretary determines to be incompatible with the administration of the park pursuant to this section, any lease or permit on Federal land within the area added to the park under this section which is in effect immediately before November 10, 1978, shall continue in effect pursuant to its terms and conditions following the expansion of the park under this section.
(B) In the case of a lease or permit which is continued under subparagraph (A), upon notice to the Secretary by the lessee or permittee of his intention to seek renewal or extension of such lease or permit, the lease or permit shall be reviewed by the Secretary, and may be renewed or extended for an additional period of five years. Any such lease or permit shall be reviewed at the end of such renewal or extension period and may also be renewed or extended in the same manner for additional five-year periods thereafter. Any renewals or extensions of leases or permits shall be granted only to those persons who were lessees or permittees of record on November 10, 1978, and any such lease or permit shall provide that the lease or permit may be terminated by the Secretary at any time if the Secretary determines that such lease or permit is incompatible with the administration of the park pursuant to this section or that the land is needed for park purposes.
(3) Omitted
(e) Comprehensive management plan; submission to Congressional committees; preparation considerations; public participation; advance notice: publication in newspapers and Federal Register, other communication; cooperation; consultation
(1) Within two years from November 10, 1978, the Secretary, in cooperation with the State of California, shall develop and 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 management plan for the area added to the park under this section. In the preparation of such plan, the Secretary shall give appropriate consideration to the need for the development of additional recreational opportunities and other public uses which are consistent with sound environmental management of the area and the policies of the National Park Service.
(2)(A) In preparing the comprehensive management plan required by this subsection and in preparing any subsequent revision of such plan, the Secretary shall provide for full public participation and shall consider the comments and views of all interested agencies, organizations, and individuals.
(B) For purposes of insuring such full public participation, the Secretary shall provide reasonable advance notice to State and local governments, interested Federal agencies, private organizations, and the general public of hearings, workshops, meetings, and other opportunities available for such participation. Such notice shall be published in newspapers of general circulation in the localities affected by the development and management of the park, published in the Federal Register, and communicated by other appropriate means. The Western Regional Advisory Committee of the National Park Service (or a subcommittee thereof) shall also be utilized for purposes of facilitating public involvement.
(C) 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 development of such plan and to make such studies as the Secretary may request on a cost reimbursable basis.
(D) In preparing the comprehensive management plan required by this subsection, the Secretary shall consider technical information and other pertinent data assembled or produced by field studies or investigations conducted separately or jointly by the technical and administrative personnel of the Federal and State agencies involved in order to insure the permanent conservation of wildlife within the area added to the park by this section. Except in emergencies, rules and regulations pertaining to the management of wildlife within the area added to the park by this section shall be put into effect only after consultation with the State of California.
(f) Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary for the acquisition of land and interests therein described in this section.
(g) Omitted
(h) Skiing prohibition
The Congress recognizes that the Mineral King Valley area has outstanding potential for certain year-round recreational opportunities, but the development of permanent facilities for downhill skiing within the area would be inconsistent with the preservation and enhancement of its ecological values.
(
References in Text
This section, referred to in text, other than as appearing with a reference to a subsection of this section, means section 314 of
Codification
Section is comprised of section 314 of
Amendments
1994—Subsec. (b)(1).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
§46. Yosemite National Park; lands segregated from and included in Sierra National Forest; rights-of-way over
All those tracts or parcels of ground described in
(Feb. 7, 1905, ch. 547, §1,
References in Text
Codification
"Sierra National Forest" substituted in text for "Sierra Forest Reserve" on authority of act Mar. 4, 1907, ch. 2907,
Additions to Yosemite National Park
The following provisions authorized the addition of lands to Yosemite National Park:
Section Referred to in Other Sections
This section is referred to in
§47. Additional lands excluded from Yosemite National Park and added to Sierra National Forest
That portion of the Yosemite National Park lying between the boundary line described in
(June 11, 1906, No. 27, §1,
References in Text
Codification
Section is derived from the second paragraph of section 1 of the Resolution of June 11, 1906. The second paragraph, aforesaid, originally began with the following words omitted here "The south and west boundary lines of the Yosemite National Park are hereby changed as follows:" The first portion of this section before the colon was derived from a later portion of the original section reading as follows: "And all that portion of the Yosemite National Park lying between the boundary line last above mentioned and the present boundary line of said national park is excluded from said park; and the said lands so excluded, and all thereof, are added to and made a part of the Sierra Forest Reserve, and shall hereafter form a part of said Sierra Forest Reserve, and shall be subject to all of the Acts of Congress with relation thereto:" The words of the first sentence of this section "described in
For the first paragraph of the Resolution of June 11, 1906, see
"Sierra National Forest" substituted in text for "Sierra Forest Reserve" on authority of act Mar. 4, 1907, ch. 2907,
Cross References
Permit or authorization for transmission lines, etc., within limits of national parks, see, also,
Section Referred to in Other Sections
This section is referred to in
§47–1 . Administrative site for Yosemite National Park
(a) Establishment of site
To enable the Secretary of the Interior to preserve the extraordinary natural qualities of Yosemite National Park, notwithstanding its increasing use by the public, the Secretary is hereby authorized to provide in the manner hereinafter set forth an administrative site in the El Portal area adjacent to Yosemite National Park, in order that utilities, facilities, and services required in the operation and administration of Yosemite National Park may be located on such site outside the park.
(b) Acquisition of land
For said site the Secretary of the Interior is authorized to acquire by purchase or donation, or with donated funds, approximately twelve hundred acres, as shown on map numbered NP–YOS–7011, of non-Federal land, interests in land, and appurtenances thereto, and, to avoid severing parcels in private ownership which extend beyond the area so depicted, the Secretary of the Interior may acquire in their entirety such parcels of land or interests therein.
(c) Transfers of jurisdiction
The Secretaries of Agriculture and Interior are authorized to arrange and effect mutually satisfactory transfers of jurisdiction over land administered by each in the El Portal area. Land so transferred to the Secretary of the Interior shall thereupon be excluded from the national forest or forests involved and thereafter be administered by the Secretary of the Interior pursuant to this section as a part of said administrative site. Land transferred to the Secretary of Agriculture pursuant to this section shall thereupon become national forest land subject to all laws, rules, and regulations applicable to land acquired pursuant to the Week's law.
(d) Pre-existing claim, location, or entry
Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States, or the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land.
(e) Status of acquired land
Until further action by the Congress, the lands acquired by or transferred to the Secretary of the Interior hereunder shall not become a part of Yosemite National Park, nor be subject to the laws and regulations governing said park, but the Secretary of the Interior shall have supervision, management, and control of the area and shall make and publish such rules and regulations as he may deem necessary and proper for its use and management: Provided, That he may grant nonexclusive privileges, leases, and permits for the use of land in the area and enter into contracts relating to the same, subject to the limitations and conditions applying to the similar authority provided in
(f) Availability of funds
Funds now or hereafter appropriated or otherwise available for operating and capital programs in the areas administered by the National Park Service, including funds for acquisition of land and interests in land, are made available to acquire land, interests in land, and appurtenances thereto, within the administrative site, and to further the purpose of this section.
(
References in Text
Week's law, referred to in subsec. (c), is act Mar. 1, 1911, ch. 186,
Codification
Subsecs. (a) to (f) are based on sections 1 to 6, respectively, of
Section Referred to in Other Sections
This section is referred to in
§47–2 . Leases for employee housing, community facilities, administrative offices, maintenance facilities, and commercial services at or on administrative site
In furtherance of the purposes of
(
Codification
Section formerly consisted of subsecs. (a) and (b) which were based on sections 1 and 2, respectively, of
Amendments
1986—
Limitation on New Spending Authority
Section 2 of
Section Referred to in Other Sections
This section is referred to in
§47–3 . Use of proceeds; administration of leases
(a) Notwithstanding any other provision of law, the proceeds from any leases issued by the Secretary pursuant to
(b) The Secretary may at any time acquire the unexpired term of any lease or sublease issued or entered into pursuant to
(
Prior Provisions
A prior section 2 of
Section Referred to in Other Sections
This section is referred to in
§47–4 . Agreements to effectuate leases
The Secretary of the Interior may enter into agreements with other Federal agencies and with any concessioner or its successor in order to effectuate the purposes of
(
Codification
Section was classified to
Section Referred to in Other Sections
This section is referred to in
§47–5 . Regulations
After October 27, 1986, no lease may be issued for the purpose of providing housing or other facilities in the El Portal administrative site except in accordance with regulations promulgated by the Secretary of the Interior. Such regulations shall establish the qualifications of natural persons and corporations who may be eligible to acquire a lease and a sublease, the process to be used in establishing fees for such leases and subleases, and they shall set forth the circumstances under which the Secretary may elect to acquire any unexpired lease or sublease. Such regulations shall become effective only after sixty calendar days from the day on which they have been submitted to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
(
Amendments
1994—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§47–6 . Conflicts of interest prohibited
In carrying out the provisions of
(
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "of".
§47a . Addition of certain lands to park authorized
For the purpose of preserving and consolidating timber stands along the western boundary of the Yosemite National Park the President of the United States is authorized, upon the joint recommendation of the Secretaries of Interior and Agriculture, to add to the Yosemite National Park, in the State of California, by Executive proclamation, section 1 and the north half of section 12, township 1 south, range 19 east, Mount Diablo meridian.
(May 9, 1930, ch. 234, §1,
§47b . Inapplicability of certain laws to lands acquired under section 47a
The provisions of the Federal Power Act [
(May 9, 1930, ch. 234, §2,
References in Text
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
§47c . Acquisition of certain lands for preservation and consolidation of timber stands
For the purpose of preserving and consolidating certain timber stands along the western boundary of the Yosemite National Park, the President of the United States is authorized, upon the joint recommendation of the Secretaries of the Interior and of Agriculture, to add to said park by Executive proclamation any or all of the following-described lands: Sections 19, 20, 29, 30, 31, and 32, township 1 south, range 20 east, Mount Diablo meridian; east half section 1; east half section 12; southeast quarter section 24, township 2 south, range 19 east, Mount Diablo meridian; sections 4, 5, and 6; north half section 7; sections 8 and 9, and 19 and 20, township 2 south, range 20 east, Mount Diablo meridian, approximately nine thousand acres.
(Mar. 2, 1929, ch. 498,
§47d . Acquisition of certain lands for protection of park deer
For the purpose of protecting park deer along the western boundary of the Yosemite National Park, the Secretary of the Interior is authorized to acquire as part of said park, by exchange as hereinafter provided, title in fee for and on behalf of the United States of America to all that land in sections 21 and 28 in township 3 south, range 20 east, Mount Diablo meridian, lying between the abandoned railroad grade running from a point in the Wawona Road near Chinquapin to the top of the abandoned incline hoist in the northeast quarter of the southwest quarter of section 21, and the east and west center line of section 21, and in sections 22, 23, 24, 25, 26, and 27 lying between said abandoned railroad grade and the existing park boundary, containing one thousand three hundred and fifty acres, more or less, now held in private ownership, which lands upon acquisition shall be, and are, added to the park; and in exchange therefor the said Secretary is authorized to issue patent to the owner of said lands, for the Government lands described as follows: That part of the north half of northeast quarter lying south of abandoned railroad grade hereinbefore mentioned, north half of southwest quarter of northeast quarter, southwest quarter of southwest quarter of northeast quarter, southwest quarter, west half of northeast quarter of southeast quarter, and southwest quarter of southeast quarter of section 25, township 3 south, range 20 east; north half section 36, township 3 south, range 20 east; southwest quarter northeast quarter, south half northeast quarter northwest quarter, west half northwest quarter, southeast quarter northwest quarter, northwest quarter southeast quarter, and west half southwest quarter southeast quarter section 32, township 3 south, range 21 east; and northwest quarter section 5, township 4 south, range 21 east; containing one thousand and ten acres, more or less, which lands upon issuance of patent shall be, and are eliminated from said park.
(May 28, 1928, ch. 817,
§47e . Purchase of private lands for park authorized
The Secretary of the Interior is authorized to acquire, by purchase when purchaseable 1 at prices deemed by him reasonable—otherwise by condemnation under the provisions of
When title to the aforesaid privately owned lands has been vested in the United States, all of the lands described in this section shall be added to and become a part of the Yosemite National Park and shall be subject to all laws and regulations applicable thereto: Provided, That nothing in this section or
(July 9, 1937, ch. 469, §§1, 2,
References in Text
Section Referred to in Other Sections
This section is referred to in
§47f . Inapplicability of certain laws to lands acquired under section 47e
The provisions of the Federal Power Act, as amended [
(July 9, 1937, ch. 469, §3,
References in Text
The Federal Power Act, referred to in text, was in the original the "Act approved June 10, 1920, as amended, known as the Federal Water Power Act," and was redesignated as the Federal Power Act by
§48 . Yosemite Valley and Mariposa Big Tree Grove reserved and made part of Yosemite National Park
The tracts of land embracing the Yosemite Valley and the Mariposa Big Tree Grove, described as the "Cleft" or "Gorge" in the granite peak of the Sierra Nevada mountains, situated in the county of Mariposa, in the State of California, and the headwaters of the Merced River, and known as the Yosemite Valley, with its branches or spurs, in estimated length fifteen miles, and in average width one mile back from the main edge of the precipice, on each side of the valley, and the tracts embracing what is known as the "Mariposa Big Tree Grove", not to exceed the area of four sections, and to be taken in legal subdivisions of one quarter section each, together with that part of fractional sections 5 and 6, township 5 south, range 22 east, Mount Diablo meridian, California, lying south of the South Fork of Merced River and almost wholly between the Mariposa Big Tree Grove and the south boundary of the Yosemite National Park, on June 11, 1906, are reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States and set apart as a national forest, subject to all the limitations, conditions, and provisions of
(June 30, 1864, ch. 184, §§1, 2,
§49 . Rights of claimants and owners of lands included; laws and regulations applicable within park
None of the lands patented and in private ownership in the area included under
(Feb. 7, 1905, ch. 547, §2,
Codification
"Sierra National Forest" and "national forests" substituted in text for "Sierra Forest Reserve" and for "forest reserves" and "forest reservations", respectively, on authority of act Mar. 4, 1907, ch. 2907,
§50 . Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1028
Section, Joint Res. June 11, 1906, No. 27, §3,
§51 . Yosemite National Park; exchange of privately owned lands in park
The Secretaries of the Departments of Interior and Agriculture, for the purpose of eliminating private holdings within the Yosemite National Park and to preserve intact timber along and adjoining the roads in the scenic portion of the park on patented lands, are empowered in their discretion to obtain and accept for the United States a complete title to any and all patented lands within the boundaries of said park by the exchange of timber or timber and lands within the Yosemite National Park and the Sierra and Stanislaus National Forests for such lands and the timber thereon within the park, necessary conveyances of park and national forest timber or timber and lands to be made by said secretaries, respectively. The secretaries of the said departments are authorized to acquire title in fee by the exchange of lands of the United States for patented lands not exceeding six hundred and forty acres in the Sierra and Stanislaus National Forests, adjacent and contiguous to the Yosemite National Park, and when such patented lands are thus acquired, said lands shall become a part of the Yosemite National Park and be subject to all the provisions of
(Apr. 9, 1912, ch. 74, §1,
Section Referred to in Other Sections
This section is referred to in
§52 . Values of lands and timber to be exchanged; lands added to park
The value of patented lands within the park offered in exchange, and the value of the timber on park lands proposed to be given in exchange for such patented lands, shall be ascertained in such manner as the Secretary of the Interior may, in his discretion, direct, and all expenses incident to ascertaining such values shall be paid by the owners of said patented lands, and such owners 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 if the value of the timber on park lands exceeds the value of the patented lands deeded to the Government in the exchange such excess shall be paid to the Secretary of the Interior by the owners of the patented lands before any of the timber is removed from the park, and shall be deposited and covered into the Treasury as miscellaneous receipts. The same course shall be pursued in relation to exchange for timber standing near public roads on patented lands for timber to be exchanged on park lands. The lands conveyed to the Government under
(Apr. 9, 1912, ch. 74, §2,
§53 . Cutting and removal of timber
All timber must be cut and removed from the Yosemite National Park under regulations to be prescribed by the Secretary of the Interior, and any damage which may result to the roads or any part of the park in consequence of the cutting and removal of the timber from the reservation shall be borne by the owners of the patented lands, and bond satisfactory to the Secretary of the Interior must be given for the payment of such damages, if any, as shall be determined by the Secretary of the Interior.
(Apr. 9, 1912, ch. 74, §3,
§54 . Sale of matured, dead, or down timber
The Secretary of the Interior may sell and permit the removal of such matured or dead or down timber as he may deem necessary or advisable for the protection or improvement of the park, and the proceeds derived therefrom shall be deposited and covered into the Treasury as miscellaneous receipts.
(Apr. 9, 1912, ch. 74, §4,
§55 . Leases of land in park; mortgages by lessees
The Secretary of the Interior is authorized and empowered to grant leases, for periods of not exceeding twenty years, at annual rentals, and under terms and conditions to be determined by him, to any person, corporation, or company he may authorize to transact business in the Yosemite National Park, for separate tracts of land, not exceeding twenty acres each, at such places, not to exceed ten in number, to any person, corporation, or company in said park, as the comfort and convenience of visitors may require, for the construction and maintenance of substantial hotel buildings and buildings for the protection of motor cars, stages, stock and equipment, and so forth. Such leases may, at the option of the Secretary of the Interior, contain appropriate provisions for the appraisement, at the expiration of the lease, of the value of such hotel and other buildings (or portions thereof) as may be constructed by the lessees, respectively, and the payment of the same to the lessees in case a new lease be made to persons other than said lessees, such payments to be made by such new lessees, respectively.
Any person or corporation or company holding a lease or leases within said park for the purposes above described is authorized, with the approval of the Secretary of the Interior, to execute mortgages upon his or its rights and properties, including his or its contract or contracts with the Secretary of the Interior; such mortgages shall be executed in duplicate and delivered to the Secretary of the Interior for his approval, and upon his approval thereof he shall retain one of said duplicates and file the same for record in his office.
Any mortgage, lien, or encumbrance created under the provisions hereof shall be subject to the rights of the Government to compel the enforcement of the terms of the lease or contract of the mortgagor, and any purchaser under a foreclosure of such encumbrance shall take subject to all the conditions assumed by the original lessee or contractor.
(Oct. 1, 1890, ch. 1263, §2,
Codification
This section superseded earlier provisions as to leases contained in section 2 of act Oct. 1, 1890.
As enacted by act July 23, 1914, this section contained a provision, omitted for purposes of codification, continuing in effect all existing laws relating to the park and not in conflict with it.
Section 1 of the act of June 12, 1917, incorporated in
Cross References
Leases of land in national parks generally, see
Section Referred to in Other Sections
This section is referred to in
§56 . Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1028
Section, act July 1, 1916, ch. 209, §1,
§57 . Yosemite and Sequoia National Parks; exclusive jurisdiction of United States; jurisdiction remaining in and taxation by California
Sole and exclusive jurisdiction is assumed by the United States over the territory embraced and included within the Yosemite National Park and Sequoia National Park, respectively, saving, however, to the State of California the right to serve civil or criminal process within the limits of the aforesaid parks or either of them in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in said State outside of said parks; and saving further to the said State the right to tax persons and corporations, their franchises and property on the lands included in said parks, and the right to fix and collect license fees for fishing in said parks; and saving also to the persons residing in any of said parks now or hereafter the right to vote at all elections held within the county or counties in which said parks are situated.
(June 2, 1920, ch. 218, §1,
Codification
A provision accepting the act of the California Legislature which ceded to the United States exclusive jurisdiction over the territory referred to in this section has been omitted as executed.
General Grant National Park Abolished
Act Mar. 4, 1940, set out as
Section Referred to in Other Sections
This section is referred to in
§58 . Laws applicable; fugitives from justice
All the laws applicable to places under sole and exclusive jurisdiction of the United States shall have force and effect in said parks or either of them. All fugitives from justice taking refuge in said parks, or either of them, shall be subject to the same laws as refugees from justice found in the State of California.
(June 2, 1920, ch. 218, §1,
Section Referred to in Other Sections
This section is referred to in
§59 . Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section, acts June 2, 1920, ch. 218, §4,
§60 . Hunting or fishing prohibited
All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous animals, when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said parks; nor shall any fish be taken out of any of the waters of the said parks, or any one of them, in any other way than by hook and line, and then only at such seasons and such times and manner as may be directed by the Secretary of the Interior.
(June 2, 1920, ch. 218, §5,
Section Referred to in Other Sections
This section is referred to in
§61 . Rules and regulations in parks
In addition to the powers and duties enumerated in
(Oct. 1, 1890, ch. 1263, §2,
Codification
The first sentence of this section was from section 5 of the act of June 2, 1920. The first portion reading "In addition to the powers and duties enumerated in
The last sentence of this section is from section 2 of act Oct. 1, 1890.
Section Referred to in Other Sections
This section is referred to in
§62 . Possession of dead bodies of birds or animals
Possession within said parks, or either of them, of the dead bodies or any part thereof of any wild bird or animal shall be prima facie evidence that person or persons having same are guilty of violating
(June 2, 1920, ch. 218, §5,
Section Referred to in Other Sections
This section is referred to in
§63 . Transportation of birds, animals, or fish; violations of statute or rules or regulations for management, care, and preservation of parks; damage or spoliation; punishment
Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of
(June 2, 1920, ch. 218, §5,
Section Referred to in Other Sections
This section is referred to in
§64 . Sale or disposal of timber; destruction of detrimental animal or plant life
Nothing in
(June 2, 1920, ch. 218, §5,
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "plant".
§65 . Seizure and forfeiture of guns, traps, teams, horses, etc.
All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within the limits of said parks, or either of them, when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or animals, shall be forfeited to the United States and may be seized by the officers in said parks, or either of them, and held pending prosecution of any person or persons arrested under the charge of violating the provisions of
(June 2, 1920, ch. 218, §6,
Section Referred to in Other Sections
This section is referred to in
§§66 to 77 . Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 66, acts June 2, 1920, ch. 218, §§7, 8,
Section 67, act June 2, 1920, ch. 218, §§7, 8,
Section 68, act June 2, 1920, ch. 218, §§7, 8,
Section 69, act June 2, 1920, ch. 218, §11,
Section 70, act June 2, 1920, ch. 218, §9,
Section 71, acts June 2, 1920, ch. 218, §10,
Section 72, acts June 2, 1920, ch. 218, §11,
Section 73, act June 2, 1920, ch. 218, §11,
Section 74, act June 2, 1920, ch. 218, §13,
Section 75, act June 2, 1920, ch. 218, §12,
Section 76, act June 2, 1920, ch. 218, §2,
Section 77, acts June 2, 1920, ch. 218, §3,
§78 . Detail of troops to Sequoia and Yosemite Parks
The Secretary of the Army, upon the request of the Secretary of the Interior, is authorized and directed to make the necessary detail of troops to prevent trespassers or intruders from entering the Sequoia National Park and the Yosemite National Park, respectively, in California, for the purpose of destroying the game or objects of curiosity therein, or for any other purpose prohibited by law or regulation for the government of said reservations, and to remove such persons from said parks if found therein.
(June 6, 1900, ch. 791, §1,
Change of Name
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,
General Grant National Park Abolished
Act Mar. 4, 1940, set out as
§79 . Rights-of-way for public utilities
The Secretary of the Interior is authorized and empowered, under general regulations to be fixed by him, to permit the use of rights of way through the public lands, forest and other reservations of the United States, and the Yosemite, Sequoia, and General Grant national parks, California, for electrical plants, poles, and lines for the generation and distribution of electrical power, and for telephone and telegraph purposes, and for canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits, and for water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses to the extent of the ground occupied by such canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted hereunder, and not to exceed fifty feet on each side of the marginal limits thereof, or not to exceed fifty feet on each side of the center line of such pipes and pipe lines, electrical, telegraph, and telephone lines and poles, by any citizen, association, or corporation of the United States, where it is intended by such to exercise the use permitted hereunder or any one or more of the purposes herein named: Provided, That such permits shall be allowed within or through any of said parks or any forest, military, Indian, or other reservation only upon the approval of the chief officer of the Department under whose supervision such park or reservation falls and upon a finding by him that the same is not incompatible with the public interest: Provided further, That all permits given hereunder for telegraph and telephone purposes shall be subject to the provision of title 65 of the Revised Statutes of the United States, and amendments thereto, regulating rights of way for telegraph companies over the public domain: And provided further, That any permission given by the Secretary of the Interior under the provisions of this section may be revoked by him or his successor in his discretion, and shall not be held to confer any right, or easement, or interest in, to, or over any public land, reservation, or park.
(Feb. 15, 1901, ch. 372,
Repeals
Section repealed by
References in Text
Title 65 of the Revised Statutes of the United States, and amendments thereto, referred to in text, which consisted of R.S. §§5263 to 5269, was classified to
Codification
Section, insofar as it relates to rights-of-way through public lands, forests, and reservations, and the Yosemite, Sequoia, and General Grant National Parks is also set out as
Section was formerly classified to
Savings Provision
Repeal by
General Grant National Park Abolished
Act Mar. 4, 1940, ch. 40, §2,
Cross References
Issuance of licenses for construction, operation, and maintenance of transmission lines, for development, transmission, and utilization of power, across public lands and reservations, see
Rights-of-way through public lands, provisions of
Section Referred to in Other Sections
This section is referred to in
§79–1 . Yosemite National Park; expansion of reservoir capacity
Notwithstanding any other provision of law, no Federal lands may be used for the expansion of the capacity of any reservoir which is located within the boundaries of Yosemite National Park unless Congress enacts specific statutory authorization after October 31, 1988, for such expansion.
(
SUBCHAPTER VII—REDWOOD NATIONAL PARK
Subchapter Referred to in Other Sections
This subchapter is referred to in title 31 section 1603.
§79a . Establishment; statement of purposes
In order to preserve significant examples of the primeval coastal redwood (Sequoia sempervirens) forests and the streams and seashores with which they are associated for purposes of public inspiration, enjoyment, and scientific study, there is hereby established a Redwood National Park in Del Norte and Humboldt Counties, California.
(
§79b . Park area
(a) Boundaries; maps; maximum acreage
The area to be included within the Redwood National Park is that generally depicted on the maps entitled "Redwood National Park," numbered NPS–RED–7114–A and NPS–RED–7114–B, and dated September 1968, and the area indicated as "Proposed Additions" on the map entitled "Additional Lands, Redwood National Park, California," numbered 167–80005–D and dated March 1978, copies of which maps shall be kept available for public inspection in the offices of the National Park Service, Department of the Interior, and shall be filed with appropriate officers of Del Norte and Humboldt Counties. The Secretary of the Interior (hereinafter referred to as the "Secretary") may from time to time, with a view to carrying out the purpose of this subchapter and with particular attention to minimizing siltation of the streams, damage to the timber, and assuring the preservation of the scenery within the boundaries of the national park as depicted on said maps, modify said boundaries, giving notice of any changes involved therein by publication of a revised drawing or boundary description in the Federal Register and by filing said revision with the officers with whom the original maps were filed, but the acreage within said park shall at no time exceed one hundred and six thousand acres, exclusive of submerged lands and publicly owned highways and roads.
(b) Highways and roads
The Secretary is authorized to acquire all or part of existing publicly owned highways and roads within the boundaries of the park as he may deem necessary for park purposes. Until such highways and roads have been acquired, the Secretary may cooperate with appropriate State and local officials in patroling 1 and maintaining such roads and highways.
(c) Park protection zone
Within the area outside the boundaries of Redwood National Park indicated as the "Park Protection Zone" on the map entitled "Proposed Additions, Redwood National Park, California", numbered 167–80005–D and dated March 1978, the Secretary is authorized to acquire lands and interests in land: Provided, That lands may be acquired from a willing seller or upon a finding by the Secretary that failure to acquire all or a portion of such lands could result in physical damage to park resources and following notice to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the House of Representatives. Any lands so acquired shall be managed in a manner which will maximize the protection of the resources of Redwood National Park, and in accordance with the Act of October 21, 1976 (
(
References in Text
Act of October 21, 1976 (
Amendments
1994—Subsec. (c).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "patrolling".
§79c . Acquisition of land
(a) Authority of Secretary; administrative sites; manner and place; donation of State lands; reverters and other conditions
The Secretary is authorized to acquire lands and interests in land within the boundaries of the Redwood National Park and, in addition thereto, not more than ten acres outside of those boundaries for an administrative site or sites. Such acquisition may be by donation, purchase with appropriated or donated funds, exchange, or otherwise, but lands and interests in land owned by the State of California may be acquired only by donation which donation of lands or interest in lands may be accepted in the discretion of the Secretary subject to such preexisting reverters and other conditions as may appear in the title to these lands held by the State of California, and such other reverters and conditions as may be consistent with the use and management of the donated lands as a portion of Redwood National Park. Notwithstanding any other provision of law, the Secretary may expend appropriated funds for the management of and for the construction, design, and maintenance of permanent improvements on such lands and interests in land as are donated by the State of California in a manner not inconsistent with such reverters and other conditions.
(b) Vested and possessory rights in certain real property; termination of operations; removal of equipment, facilities, and personal property; down tree personal property; acquired roads; just compensation; payment; jurisdiction; acreage limitation; notice
(1) Effective on October 2, 1968, there is hereby vested in the United States all right, title, and interest in, and the right to immediate possession of, all real property within the park boundaries designated in maps NPS–RED–7114–A and NPS–RED–7114–B and effective on March 27, 1978, there is hereby vested in the United States all right, title, and interest in, and the right to immediate possession of, all real property within the area indicated as "Proposed Additions" on the map entitled "Additional Lands, Redwood National Park, California," numbered 167–80005–D and dated March 1978, and all right, title, and interest in, and the right to immediate possession of the down tree personal property (trees severed from the ground by man) severed prior to January 1, 1975, or subsequent to January 31, 1978, within the area indicated as "Proposed Additions" on the map entitled "Additional Lands, Redwood National Park, California," numbered 167–80005–D and dated March 1978, except real property owned by the State of California or a political subdivision thereof and except as provided in paragraph (3) of this subsection. The Secretary shall allow for the orderly termination of all operations on real property acquired by the United States under this subsection, and for the removal of equipment, facilities, and personal property therefrom.
Down tree personal property severed subsequent to December 31, 1974, and prior to February 1, 1978 may be removed in accordance with applicable State and Federal law, or other applicable licenses, permits, and existing agreements, unless the Secretary determines that the removal of such down timber would damage second growth resources or result in excessive sedimentation in Redwood Creek: Provided, however, That down timber lying in stream beds may not be removed without permission of the Secretary: Provided, That such removal shall also be subject to such reasonable conditions as may be required by the Secretary to insure the continued availability of raw materials to Redwoods United, Incorporated, a nonprofit corporation located in Manila, California.
The Secretary shall permit, at existing levels and extent of access and use, continued access and use of each acquired segment of the B line, L line, M line, and K and K roads by each current affected woods employer or its successor in title and interest: Provided, That such use is limited to forest and land management and protection purposes, including timber harvesting and road maintenance. The Secretary shall permit, at existing levels and extent of access and use, continued access and use of acquired portions of the Bald Hills road by each current affected woods employer or its successor in title and interest: Provided further, That nothing in this sentence shall diminish the authority of the Secretary to otherwise regulate the use of the Bald Hills road.
(2) The United States will pay just compensation to the owner of any real property taken by paragraph (1) of this subsection. Such compensation shall be paid either: (A) by the Secretary of the Treasury from money appropriated from the Land and Water Conservation Fund, including money appropriated to the Fund pursuant to section 4(b) of the Land and Water Conservation Fund Act of 1965, as amended [
(3) This subsection shall apply to ownerships of fifty acres or less only if such ownerships are held or occupied primarily for nonresidential or nonagricultural purposes, and if the Secretary gives notice to the owner within sixty days after October 2, 1968, of the application of this subsection. Notice by the Secretary shall be deemed to have been made as of October 2, 1968. The district court of the United States for that district in which such ownerships are located shall have jurisdiction to hear and determine any action brought by any person having an interest therein for damages occurring by reason of the temporary application of this paragraph, between October 2, 1968, and the date upon which the Secretary gives such notice. Nothing in this paragraph shall be construed as affecting the authority of the Secretary under subsections (a) and (c) of this section to acquire such areas for the purposes of this subchapter.
(c) Minimization of severance damages; costs not chargeable against appropriations authorization
If any individual tract or parcel of land acquired is partly inside and partly outside the boundaries of the park or the administrative site the Secretary may, in order to minimize the payment of severance damages, acquire the whole of the tract or parcel and exchange that part of it which is outside the boundaries for land or interests in land inside the boundaries or for other land or interests in land acquired pursuant to this subchapter, and dispose of so much thereof as is not so utilized in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended [
(d) Lands for screen of trees along certain highway
The Secretary is further authorized to acquire, as provided in subsection (a) of this section, lands and interests in land bordering both sides of the highway between the present southern boundary of Prairie Creek Redwood State Park and a point on Redwood Creek near the town of Orick to a depth sufficient to maintain or to restore a screen of trees between the highway and the land behind the screen and the activities conducted thereon.
(e) Timber, soil, and stream protection; "interests in land" defined; notice to Congress of intended action, costs, and benefits requisite for acquisitions, contracts, or cooperative agreements; availability of funds; authorization of appropriations; rehabilitative activities
In order to afford as full protection as is reasonably possible to the timber, soil, and streams within the boundaries of the park, the Secretary is authorized, by any of the means set out in subsections (a) and (c) of this section, to acquire interests in land from, and to enter into contracts and cooperative agreements with, the owners of land on the periphery of the park and on watersheds tributary to streams within the park designed to assure that the consequences of forestry management, timbering, land use, and soil conservation practices conducted thereon, or of the lack of such practices, will not adversely affect the timber, soil, and streams within the park as aforesaid. As used in this subsection, the term "interests in land" does not include fee title unless the Secretary finds that the cost of a necessary less-than-fee interest would be disproportionately high as compared with the estimated cost of the fee. No acquisition other than by donation shall be effectuated and no contract or cooperative agreement shall be executed by the Secretary pursuant to the provisions of this subsection until after he has notified the President of the Senate and the Speaker of the House of Representatives of his intended action and of the costs and benefits to the United States involved therein. Effective on March 27, 1978, there are made available from the amounts provided in
(
References in Text
The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsecs. (b)(2) and (c), is act June 30, 1949, ch. 288,
Amendments
1978—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (e).
Section Referred to in Other Sections
This section is referred to in
§79c–1. Vesting in United States of all right, title, etc., in real property and down tree personal property in additional lands; effective date; authorization of appropriations
Notwithstanding any provision of this subchapter the vesting in the United States of all right, title, and interest in, and the right to immediate possession of, all real property and all down tree personal property within the area indicated as "Proposed Additions" on the map entitled "Additional Lands, Redwood National Park, California," numbered 167–80005–D and dated March 1978, as established by
(
References in Text
This Act, referred to in text, means
The effective date of this section, referred to in text, probably means the date of enactment of section 101 of
Codification
Section was not enacted as part of
§79d. Acquisition of lands
(a) Owner's retention of right of use and occupancy for noncommercial residential purposes for fixed term of years or for life; election of term; fair market value; termination of use and occupancy inconsistent with stated purpose and upon payment of sum for unexpired right
The owner of improved 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 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 the 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 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 determination that it is being exercised in a manner inconsistent with the purpose 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 an amount equal to the fair market value of that portion of the right which remains unexpired.
(b) "Improved property" defined
The term "improved property", as used in this section, means a detached, noncommercial residential dwelling, the construction of which was begun before October 9, 1967, 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.
(c) Sale or lease of certain realty to former owner; conditions and restrictions
The Secretary shall have, with respect to any real property acquired by him in sections 5 and 8, township 13 north, range 1 east, Humboldt meridian, authority to sell or lease the same to the former owner under such conditions and restrictions as will assure that it is not utilized in a manner or for purposes inconsistent with the national park.
(
§79e. Exchange of property; cash equalization payments; commercial operations, minimum economic dislocation and disruption
In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property within the boundaries of the park, and outside of such boundaries within the limits prescribed in this subchapter. Notwithstanding any other provision of law, the Secretary may acquire such property from the grantor by exchange for any federally owned property under the jurisdiction of the Bureau of Land Management in California, except property needed for public use and management, which he classifies as suitable for exchange or other disposal, or any federally owned property he may designate within the Northern Redwood Purchase Unit in Del Norte County, California, except that section known and designated as the Yurok Experimental Forest, consisting of approximately nine hundred and thirty-five acres. Such federally owned property shall also be available for use by the Secretary in lieu of, or together with, cash in payment of just compensation for any real property taken pursuant to
(
§79f. Transfer of property from Federal agency to administrative jurisdiction of Secretary
Notwithstanding any other provision of law, any Federal property located within any of the areas described in
(
§79g. Contract authorization within prescribed cost limits; installments: duration, interest; provisions for payment of judgments and compromise settlements applicable to judgments against United States
(a) 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
(b) Judgments against the United States, including final partial judgments and compromise settlements of claims referred to the Attorney General for defense of suits against the United States, for amounts in excess of the deposit in court in actions under
(
Amendments
1985—Subsec. (b).
§79h. Memorial groves named for benefactors
The present practice of the California Department of Parks and Recreation of maintaining memorial groves of redwood trees named for benefactors of the State redwood parks shall be continued by the Secretary in the Redwood National Park.
(
§79i. Administration
The Secretary shall administer the Redwood National Park in accordance with the provisions of
(
§79j. Authorization of appropriations
There are hereby authorized to be appropriated $92,000,000 for land acquisition to carry out the provisions of this subchapter.
(
Section Referred to in Other Sections
This section is referred to in
§79k. Mitigation of adverse economic impacts to local economy resulting from additional lands; analysis of Federal actions necessary or desirable; consultations and considerations by Secretaries concerned; reports to Congress; implementation of programs; funding requirements
(a) The Secretary, in consultation with the Secretaries of Agriculture, Commerce, and Labor, shall conduct an analysis of appropriate Federal actions that may be necessary or desirable to mitigate any adverse economic impacts to public and private segments of the local economy, other than the owners of properties taken by this Act, as a result of the addition of property to Redwood National Park under
(b) The Secretary of Commerce and the Secretary of Labor, in consultation with the Secretary, and pursuant to his study, shall apply such existing programs as are necessary and appropriate to further mitigate identified employment and other adverse economic impacts on public and private segments of the local economy, other than with regard to the payment of just compensation to the owners of properties taken by this Act and by this subchapter. In addition to the land rehabilitation and employment provisions of this Act, which should have a substantial positive economic effect on the local economy, the Secretaries of Commerce and Labor are further authorized and directed to implement existing authorities to establish employment programs, pursuant to such grants, contracts and cooperative agreements with agencies of the Federal Executive, the State of California, any political or governmental subdivision thereof, any corporation, not-for-profit corporation, private entity or person, for the development and implementation of such programs, as, in the discretion of the Secretaries of Commerce and Labor, may be necessary to provide employment opportunities to those individuals affected by this taking and to contribute to the economic revival of Del Norte and Humboldt Counties, in northern California. Effective on October 1, 1978, there are authorized such sums as may be necessary to carry out the employment and economic mitigation provisions of this Act: Provided, That the authority to make payments under this section shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.
(
References in Text
This Act, referred to in text, means
Codification
Section was not enacted as part of
Study of Timber Harvest Scheduling Alternatives for Six Rivers National Forest; Scope; Report to Congress
Section 102(c) of
Reference to Secretary as Reference to Secretary of Department of the Interior; Exception
Section 109 of
Section Referred to in Other Sections
This section is referred to in
§79l. Employment of personnel for rehabilitation, protection, and improvements of additional lands
(a) Appointment and compensation of personnel for implementation of protection and enhancement programs; preferential hiring requirements
In order to utilize the skills of individuals presently working in the woods and in the mills to the greatest degree possible to both ease the personal economic effects of this taking, and to assist in the necessary rehabilitation, protection, and improvement of lands acquired by this Act through implementation of sound rehabilitation and land use practices, the Secretary shall have power to appoint and fix the compensation of seven full-time and thirty-one temporary personnel to assist in carrying out such programs necessary for the protection and enhancement of Redwood National Park. In filling these positions, preference shall be given to affected employees (as defined in title II of this Act) for a period ending on September 30, 1984, notwithstanding applicable civil service laws and regulations.
(b) Appointment and compensation of personnel for administration of expanded Park; preferential hiring requirements; appointment, etc., of additional personnel
In order to effectively administer the expanded Redwood National Park created by this Act in a manner that will provide maximum protection to its resources and to provide for maximum visitor use and enjoyment to ease the local economic effects of this taking, the Secretary shall have power to appoint and fix the compensation of two full-time and twenty temporary employees in the competitive service. In filling these positions, preference shall be given to affected employees (as defined in title II) for a period ending on September 30, 1984, notwithstanding applicable civil service laws and regulations. The Secretary shall further have power to appoint and fix the compensation of an additional thirty-two full-time and forty temporary employees in the competitive service as provided by this subsection at the time of the donation of those park lands or interests in land owned by the State of California as are within the boundaries of Redwood National Park as provided herein. In filling these positions, preference shall be given to those State employees affected by this transfer for a period not to exceed six years from the date of transfer; permanent State civil service employees shall be provided the opportunity to transfer to a comparable Federal civil service classification notwithstanding applicable civil service laws and regulations.
(c) Job positions subject to preferential treatment for affected employees
An affected employee shall be given full consideration for certain civilian jobs as provided in this section both with the Federal Government and with those private employers that have certain undertakings or programs that involve Federal participation or approval for the period beginning on March 27, 1978, and ending September 30, 1984, if the positions will be primarily located in Humboldt or Del Norte Counties or other counties in California adjacent thereto, and if the employee is otherwise qualified under this section.
(d) Procedures applicable to Federal agencies for creating or filling job positions; applicants subject to preferential treatment; considerations for employment
(1) Any Federal agency that is creating or filling a civilian Federal job that is within the scope of clause (2)(A) of this subsection, pursuant to contract, civil service merit system, or otherwise, that will be primarily located in Humboldt or Del Norte Counties, California, or other counties in California adjacent thereto, must provide notice in advance of the availability of that job and must provide qualified affected employee applicants for these positions with full consideration for these positions if the further conditions set forth in clause (2)(B) of this subsection are met. The notice required by this paragraph shall be as provided by applicable law and regulation through the offices of the Employment and Training Services located in Humboldt and Del Norte Counties, California, and through such other means as are likely to gain the attention of affected employees.
(2) Consideration for employment under this section shall be provided under the following conditions:
(A) the job involves skills and training that could reasonably be expected to have been gained by individuals who have been employed as logging and related woods employees or sawmill, plywood, and other wood processing employees, or office employees, or that can reasonably be expected to be gained while so employed, or pursuant to retraining as provided herein; and
(B) the applicant has the ability, or can reasonably be expected to have the ability after appropriate training of reasonable duration as further provided herein, to perform the duties of the job: Provided, That the full consideration shall not be required with respect to those affected employee applicants requiring training in a situation where the schedule for completion of the work is such that the period during which said employee can reasonably be expected to work following completion of training is determined by the Secretary to be incommensurate with the time and funds required to provide said employee with the necessary training.
(e) Private employer requirements for filling covered employment positions with affected employees pursuant to Federal contracts, etc.; procedures applicable and considerations for employment
(1) Any Federal agency involved in the manner provided herein with a private employer responsible for filing 1 an employment position that is within the scope of clause (2)(A) of subsection (d) of this section, that will be primarily located in Humboldt or Del Norte Counties, or other counties in California adjacent thereto, is directed to require that any Federal contracts, grants, subsidies, loans, or other forms of funding assistance, and any Federal lease, permit, license, certificate, or other entitlement for use, not constituting an existing property right as of March 27, 1978, that is a condition to or a requirement of the conduct of harvesting and related activities or replanting and land rehabilitation or the conduct of wood processing and related activities or the conduct of highway construction and related activities shall be subject to and conditioned upon said private employer giving full consideration to affected employees as provided herein.
(2) Any private employer who participates with a Federal agency in the manner described above and who is, accordingly, subject to the requirements as provided herein, shall—
(A) provide notice of the availability of those jobs described in subsection (d)(2)(A) of this section in the manner generally provided by subsection (d)(1) of this section; and
(B) provide full consideration to qualified affected employee applicants for these positions if the further conditions established by clause (2)(B) of subsection (d) of this section are met.
(f) Agreements with affected employers and industry employers for full consideration to employment of affected employees formerly employed by affected employers; implementation
The Secretary is directed to seek and authorized to enter into agreements with affected employers and industry employers providing that full consideration shall be given with respect to the employment of affected employees who had been employed by affected employers in jobs that may become available in Humboldt and Del Norte Counties and other counties adjacent thereto. The execution and carrying out of such an agreement, or the giving of full consideration to the employment of affected employees under subsection (c) of this section, shall not subject an employer to any additional liability or obligations under any Federal or State equal employment law, rule, regulation, or order.
(g) Implementation of requirements
(1) The Secretary, except as otherwise provided, shall be responsible for the implementation of this section and—
(A) is authorized and directed to make needed training available, upon application, to an affected employee applicant who, although not presently qualified for a position, can be reasonably expected to be qualified after appropriate training;
(B) is authorized to take such actions as may be necessary to ensure that an affected employee is not denied full consideration because of the need for training where there is no substantial reason to believe that the applicant would be unable to perform the duties of the job after proper training. If the job is one which must be filled while the affected employee would be in training, the Secretary shall encourage the employer to fill the job only on a temporary basis subject to the successful completion of the training by the affected employee;
(C) shall require that, in a case in which two or more affected employee applicants have approximately equal qualifications for a job for which they are to receive full consideration, that applicant with the greatest creditable service shall be given preference among those applicants entitled to full consideration; and
(D) upon the filing of a complaint by an employee who alleges that said employee's rights to full consideration were disregarded, the Secretary shall make a finding on the merits of such complaint. If it is determined that there has been noncompliance with this section, the Secretary shall take such action as may be appropriate to correct the situation.
(2) To assist in implementing this section, agencies shall notify the Secretary, in advance, of any job opening as provided for by subsection (d) of this section and of any Federal commitment as provided for by subsection (e) of this section.
(3) The Secretary shall—
(A) seek the cooperation of the State of California and the county and local governments within Humboldt and Del Norte Counties in the implementation of the provisions of this section and in the adoption of similar provisions for full consideration of affected employees with regard to State, county, and local jobs and activities; and
(B) appoint, from among nominees proposed by certified or recognized unions representing employees, a person or persons who shall serve as the Secretary's liaison with employees and their union and as consultant to the Secretary with regard to the administration of those provisions of this Act for which the Secretary is responsible.
(h) Judicial review of determination of Secretary respecting employee, etc.; procedures applicable
An employee, a group of employees, a certified or recognized union, or an authorized representative of such employee or group, aggrieved by any determination by the Secretary under this Act shall be entitled to judicial review of such determination in the same manner and under the same conditions as provided by
(i) Additional or alternative rights under existing labor laws, regulations, or contracts unaffected; compensation of employees appointed to Federal jobs
Nothing in this section shall be construed to affect any additional or alternative rights under a law, regulation, or contract (including, but not limited to, veteran preference and contracts between private employers and unions) in effect as of March 27, 1978, and the implementation of this section shall be carried out in accord with applicable civil service laws and regulations except as otherwise provided for in this section. Employees appointed to Federal jobs pursuant to this section shall have their compensation fixed at rates not to exceed that now or hereafter prescribed for the highest rate of grade 15 of the General Schedule under
(
References in Text
This Act, referred to in subsecs. (a), (b), (g)(3)(B), and (h), means
Title II of this Act, referred to in subsecs. (a) and (b), is title II of
The civil service laws, referred to in subsecs. (a) and (b), are set forth in Title 5, Government Organization and Employees. See, particularly,
Codification
Section was not enacted as part of
Amendments
1980—Subsec. (h).
Effective Date of 1980 Amendment
Amendment by
Reference to Secretary as Reference to Secretary of Department of the Interior; Exception
Reference to Secretary, unless otherwise indicated, as reference to Secretary of Department of the Interior, except for purposes of subsecs. (d) to (i) of this section, where reference to Secretary shall refer to Secretary of the Department of Labor, see section 109 of
1 So in original. Probably should be "filling".
§79m. Annual reporting requirements; contents; comprehensive general management plan; submission date and scope
(a) The Secretary shall submit an annual written report to the Congress on January 1, 1979, and annually thereafter for ten years, reporting on the status of payment by the Secretary for real property acquired pursuant to section 79c(b)(1) and
(b) No later than January 1, 1980, the Secretary shall submit 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, a comprehensive general management plan for Redwood National Park, to include but not be limited to the following:
(1) the objectives, goals, and proposed actions designed to assure the preservation and perpetuation of a natural redwood forest ecosystem;
(2) the type and level of visitor use to be accommodated by the park, by specific area, with specific indications of carrying capacities consistent with the protection of park resources;
(3) the type, extent, and estimated cost of development proposed to accommodate visitor use and to protect the resource, to include anticipated location of all major development areas, roads, and trails; and
(4) the specific locations and types of foot trail access to the Tall Trees Grove, of which one route shall, unless shown by the Secretary to be inadvisable, principally traverse the east side of Redwood Creek through the essentially virgin forest, connecting with the roadhead on the west side of the park east of Orick.
(
References in Text
This Act, referred to in subsec. (a), means
Codification
Section was not enacted as part of
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Reference to Secretary as Reference to Secretary of Department of the Interior; Exception
Reference to Secretary, unless otherwise indicated, as reference to Secretary of Department of the Interior, see section 109 of
1 So in original. Probably should be "the".
§79n. Authorization of appropriations for rehabilitation programs
Effective on October 1, 1978, there are hereby authorized to be appropriated $33,000,000 to carry out the rehabilitation provisions of this Act.
(
References in Text
This Act, referred to in text, means
Codification
Section was not enacted as part of
§79o. Repealed. Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068
Section,
§79p. Community services and employment opportunities of Redwoods United, Inc. to be maintained at present rate of employment
The Secretary is further authorized, and the Congress specifically directs that it shall be a purpose of this Act, that the community services and employment opportunities provided by Redwoods United, Incorporated, a nonprofit corporation located in Manila, California, shall be maintained at the present rate of employment to the greatest degree practicable.
(
References in Text
This Act, referred to in text, means
Codification
Section was not enacted as part of
Reference to Secretary as Reference to Secretary of Department of the Interior; Exception
Reference to Secretary, unless otherwise indicated, as reference to Secretary of Department of the Interior, see section 109 of
§79q. Pledge of full faith and credit of United States for payment of compensation for lands, etc., taken
The Congress further acknowledges and directs that the full faith and credit of the United States is pledged to the prompt payment of just compensation as provided for by the fifth amendment to the Constitution of the United States for those lands and properties taken by this Act.
(
References in Text
This Act, referred to in text, means
Codification
Section was not enacted as part of
SUBCHAPTER VIII—KINGS CANYON NATIONAL PARK
§80. Establishment; boundaries; preservation of rights of citizens
The tract of land in the State of California, particularly described as follows, to wit: Beginning at the summit of Junction Peak, being a point on the present north boundary of Sequoia National Park, also a point on the Tulare and Inyo County line; thence westerly along said north boundary of said park to the crest of the hydrographic divide between Boulder Creek and Sugarloaf Creek; thence in a northerly direction along the crest of the hydrographic divide between Boulder Creek and Sugarloaf Creek to the intersection of said divide with the section line between sections 3 and 4 of township 14 south, range 30 east, Mount Diablo base and meridian; thence northerly along the section line between said sections 3 and 4 and between sections 33 and 34, and sections 27 and 28 of township 13 south, range 30 east, to the northwest corner of southwest quarter of section 27; thence northwesterly along the ridge immediately adjacent to and lying northeast from the headwaters of the east fork of Lightning Creek to the intersection of said ridge with the section line between sections 21 and 28, township 13 south, range 30 east, which point lies on the said section line three quarters of a mile more or less westerly from the northeast corner of said section 28; thence in a northerly direction across the easterly branch of the east fork of Lightning Creek at Summit Meadow to the ridge north of said creek branch; thence northeasterly along said ridge to Lookout Peak; thence in a northeasterly direction along the ridge from said peak, being also the crest of the hydrographic divide between Sheep Creek and Lightning Creek to the intersection of said ridge, with the line between section 15 and 22, township 13 south, range 30 east, which point lies one quarter of a mile more or less westerly of the northeast corner of said section 22; thence easterly along said section line to the corner of sections 14, 15, 22, and 23; thence north along the line between sections 14 and 15 to the southwest corner of the northwest quarter of the northwest quarter of section 14; thence east to the southeast corner of the northeast quarter of the northwest quarter of the said section; thence south to the southwest corner of the northeast quarter of the said section; thence east to the southeast corner of the southwest quarter of the northeast quarter of the said section; thence south to the southwest corner of the northeast quarter of the southeast quarter of the said section; thence east to the northeast corner of the southeast quarter of the southeast quarter of the said section; thence south to the southwest corner of section 13; thence east on the line between sections 13 and 24 to the southeast corner of section 13; thence south to southwest corner of the northwest quarter of the northwest quarter of section 19, township 13 south, range 31 east; thence east along the north latitudinal one-sixteenth section line of sections 19, 20, and 21 to the southeast corner of the northeast quarter of the northwest quarter of said section 21; thence north to the quarter section corner of sections 16 and 21; thence east along the line between sections 16 and 21 to the southeast corner of said section 16; thence north along the section line to the quarter section corner of sections 15 and 16; thence west along the latitudinal quarter section line of sections 16, 17, and 18 to the northwest corner of the southeast quarter of section 18; thence north to the northeast corner of the southeast quarter of the northwest quarter of said section 18; thence west to the northwest corner of the southwest quarter of the northwest quarter of said section 18; thence north along the range line between ranges 30 and 31 east, township 13 south to the northeast corner of section 13, township 13 south, range 30 east; thence west along the line between sections 12 and 13 to the southeast corner of the southwest quarter of the southwest quarter of section 12; thence north to the northeast corner of the southwest quarter of the southwest quarter of said section 12; thence west to the northwest corner of the southeast quarter of the southeast quarter of section 11; thence north to the northeast corner of the northwest quarter of the northeast quarter of said section 11; thence west along the line between sections 2 and 11 to the northwest corner of the northeast quarter of the northwest quarter of said section 11; thence south to the southwest corner of the northeast quarter of the northwest quarter of said section 11; thence west to the northwest corner of the southwest quarter of the northwest quarter of said section 11; thence north along the line between sections 10 and 11 and 2 and 3 to the intersection with the ridge of southeast spur of Stag Dome; thence in a northwesterly direction along the crest of said spur to the summit of Stag Dome; thence in a northerly direction along the crest of the hydrographic divide between Lewis Creek and Deer Cove and Grizzly Creek to its intersection with Monarch Divide at Hog-Back Peak; thence in a westerly direction along the crest of Monarch Divide, to its junction with the northwesterly spur of Mount Harrington; thence northwesterly along the crest of hydrographic divide on the southwest side of the Gorge of Despair to the intersection with the line between sections 12 and 13, township 12 south, range 29 east; thence continuing west along the line between sections 12 and 13, 11 and 14 to the southwest corner of the southeast quarter of the southeast quarter of said section 11; thence northerly to the southwest corner of the southeast quarter of the northeast quarter of said section 11; thence east to the quarter section corner of sections 11 and 12; thence north to the southeast corner of the northeast quarter of the northeast quarter of said section 11; thence east to the southeast corner of the northwest quarter of the northwest quarter of section 12; thence north to the northeast corner of the northwest quarter of the northwest quarter of said section 12; thence east to the quarter section corner of sections 1 and 12; thence north to the northeast corner of the southeast quarter of the southwest quarter of said section 1; thence east to the southeast corner of the northwest quarter of the southeast quarter of said section 1; thence north to the northeast corner of the northwest quarter of the southeast quarter of said section 1; thence east to the quarter section corner of sections 1 and 6; thence north along the range line between the ranges 29 and 30 east, township 12 south, to the northeast corner of said section 1, township 12 south, range 29 east; thence east along the township line between townships 11 and 12 south range 30 east to the southeast corner of the southwest quarter of the southwest quarter of section 31, township 11 south, range 30 east; thence north to the northeast corner of the southwest quarter of the southwest quarter of said section 31; thence west to the northwest corner of the southwest quarter of the southeast quarter of section 36, township 11 south, range 29 east; thence south to the quarter section corner of sections 1 and 36; thence west along the township line between townships 11 and 12 south, range 29 east to the northwest corner of section 1, township 12 south, range 29 east; thence south to the southwest corner of the northwest quarter of the northwest quarter of said section 1; thence west to the northwest corner of the southwest quarter of the northwest quarter of section 2; thence south to the northwest corner of the southwest quarter of the southwest quarter of said section 2; thence west to the northwest corner of the southeast quarter of the southeast quarter of section 3; thence south to the southwest corner of the southeast quarter of the southeast quarter of section 3; thence continuing south to the intersection with the four thousand four hundred contour; thence along the four thousand four hundred-foot contour in a southwesterly direction to its intersection with Tombstone Ridge; thence in a northwesterly direction along the crest of the Tombstone Ridge to the summit of the Obelisk; thence in a straight line in a northeasterly direction crossing Crown Creek to the summit of Kettle Dome; thence in a northeasterly direction along the crest of Kettle Ridge to the summit of Finger Peak in the White Divide; thence northwesterly along the crest of the said White Divide and the Le Conte Divide, passing over the summits of Mount Reinstein and Red Mountain to the summit of Mount Henry; thence in a northerly direction along the crest of the north spur of Mount Henry to the junction of the South Fork San Joaquin River and Piute Creek; thence across the South Fork San Joaquin River and in a northeasterly direction along the hydrographic divide between Piute Creek and the South Fork San Joaquin River to the summit of Pavillion Dome; thence in an easterly direction along the crest of said hydrographic divide to its intersection with Glacier Divide; thence continuing southeasterly along the crest of said Glacier Divide to a point of intersection with the crest of the Sierra Nevada Range, also the boundary line between Inyo County and Fresno County; thence continuing southeasterly along the crest of said Sierra Nevada Range, passing over the summits of Mount Lamarack, Mount Darwin, Mount Haeckel, Mount Wallace, Mount Powell, Mount Thompson, Mount Gilbert, Mount Johnson, Mount Goode, Mount Winchell, North Palisade, The Thumb, Mount Bolton Brown, Split Mountain, Cardinal Mountain, Striped Mountain, Mount Perkins, Colosseum Mountain, Mount Baxter, Diamond Peak, Black Mountain, Dragon Peak, Mount Bixford, Mount Gould, University Peak, Mount Bradley, and Mount Keith to the summit of Junction Peak, being the point of beginning; is reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States and dedicated and set apart as a public park, to be known as the Kings Canyon National Park, for the benefit and enjoyment of the people: Provided, That nothing in this subchapter shall be construed to affect or abridge any right acquired by any citizen of the United States in the above-described area: And provided further, That no grazing permits heretofore issued and in effect on January 15, 1939, affecting the area described in this section, for whose renewal an application is made before the date of expiration shall be affected by this subchapter, except that they shall be subject to such terms and conditions to insure protection of the lands and for other purposes as may be prescribed by the Secretary of the Interior.
(Mar. 4, 1940, ch. 40, §1,
Additions to Kings Canyon National Park
The following provision authorized the addition of lands to Kings Canyon National Park:
§80a. General Grant National Park abolished; lands added to Kings Canyon National Park
The General Grant National Park is abolished, and the west half of section 33, township 13 south, range 28 east, and west half of section 4, all of section 8 and the northwest quarter of section 9, township 14 south, range 28 east, Mount Diablo meridian, California, together with the lands formerly within the General Grant National Park, California, and particularly described as follows, to wit: All of sections 31 and 32, township 13 south, range 28 east, and sections 5 and 6, township 14 south, range 28 east, of the same meridian, are, subject to valid existing rights, added to and made a part of the Kings Canyon National Park and such lands shall be known as the General Grant grove section of the said park. The General Grant grove section of the Kings Canyon National Park may, by proclamation of the President, be extended to include the following described lands, to wit: Section 9, south half, section 10, southwest quarter, and that part of the east half south of Generals Highway; section 11, that part south of Generals Highway; section 13, that part south of Generals Highway; section 14, that part south of Generals Highway, section 15, east half, northwest quarter, and the southeast quarter of the southwest quarter, section 21, southeast quarter of the northeast quarter, and the east half of the southeast quarter; section 22, east half, east half of the northwest quarter, southwest quarter of the northwest quarter and southwest quarter; section 23; section 24, that part south of Generals Highway; sections 25 and 26; section 27, east half, northwest quarter, and that part of the southwest quarter north and east of the crest of Redwood Mountain; section 34, that part east of the crest of Redwood Mountain; sections 35 and 36, township 14 south, range 28 east; all of sections 1 and 2; section 3, that part east of the crest of Redwood Mountain; section 11, that part east and north of the crest of Redwood Mountain; all of section 12; section 13, that part north of the Sequoia National Park boundary, township 15 south, range 28 east, Mount Diablo meridian, which shall be subject to all laws, rules, and regulations applicable to the said park. Such extension of the General Grant grove section of the said park shall not interfere with the movement of stock and vehicular traffic without charge, under general regulations to be prescribed by the Secretary of the Interior, to and from national forest lands on either side of the said park extension. The Kings Canyon National Park shall receive and use all moneys prior to or after March 4, 1940, appropriated for General Grant National Park.
(Mar. 4, 1940, ch. 40, §2,
Nation's Christmas Tree
Joint Res. Mar. 29, 1956, ch. 98,
"
Adjustment of Boundaries and Rights
Act June 5, 1942, ch. 333, §§1, 2,
§80a–1. Lands excluded from Kings Canyon National Park and added to Sequoia National Forest
For the purpose of improving the boundary of Kings Canyon National Park, California, and excluding therefrom certain land that is no longer needed for park purposes, that particular area of the park, comprising approximately 160 acres, lying west of the section line between sections 21 and 22, and lying west of the section line between sections 27 and 28, township 13 south, range 30 east, Mount Diablo meridian, is excluded from the park.
Land excluded from the park by this section on and after August 14, 1958 shall be a part of the Sequoia National Forest.
(
Codification
Section was not enacted as part of act Mar. 4, 1940, ch. 40,
§80a–2. Lands excluded from Sequoia National Forest and added to Kings Canyon National Park
For the purpose of facilitating park road maintenance, and to include in the park certain property that is desirable for future use and development, the following land situated in section 7, township 14 south, range 28 east, Mount Diablo meridian, is excluded from the Sequoia National Forest and added to the Kings Canyon National Park:
East half northeast quarter, east half west half northeast quarter, northeast quarter southeast quarter, east half northwest quarter southeast quarter, and those portions of the southeast quarter southeast quarter and of the east half southwest quarter southeast quarter, lying north of the right-of-way of State Highway 180.
(
Codification
Section was not enacted as part of act Mar. 4, 1940, ch. 40,
§80a–3. Lands excluded from Sierra National Forest and Sequoia National Forest and added to Kings Canyon National Park
All lands in Tehipite Valley within the Sierra National Forest lying north of a line described as follows:
Beginning at a point on the existing west boundary of the Kings Canyon National Park on the hydrographic divide on the southwest side of the Gorge of Despair in section 13, township 12 south, range 29 east, Mount Diablo base and meridian, being the crest of a ridge designated as Silver Spur;
thence following the crest of Silver Spur westerly to the intersection with the west line of section 14, township 12 south, range 29 east; thence northwesterly in a straight line across the middle fork of the Kings River to the point of intersection of the right bank of a stream or intermittent stream and the 4,400-foot contour north of Tombstone Ridge, in section 15, township 12 south, range 29 east, being a point on the existing west boundary of the park;
and all lands in the Cedar Grove area of the Sequoia National Forest lying east of the west section lines of sections 11 and 14, township 13 south, range 30 east, Mount Diablo base and meridian, are hereby excluded from the said national forests and made a part of the Kings Canyon National Park, subject to all the laws and regulations applicable to such park.
(
Codification
Section was not enacted as part of act Mar. 4, 1940, ch. 40,
§80b. Administration for public recreational purposes
The National Park Service shall, under the rules and regulations to be prescribed by the Secretary of the Interior, administer for public recreational purposes the lands withdrawn.
(Mar. 4, 1940, ch. 40, §3,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§80c. Motor-vehicle licenses for Sequoia National Park as applicable; limitation of privileges within park
Any motor-vehicle license issued for Sequoia National Park shall be applicable to Kings Canyon National Park, and vice versa: Provided, That in order to insure the permanent preservation of the wilderness character of the Kings Canyon National Park the Secretary of the Interior may, in his discretion, limit the character and number of privileges that he may grant within the Kings Canyon National Park.
(Mar. 4, 1940, ch. 40, §4,
Amendments
1950—Act Aug. 17, 1950, struck out last sentence which restricted concessionaires to a five-year term.
§80d. Administration, protection, and development
The administration, protection, and development of the Kings Canyon National Park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(Mar. 4, 1940, ch. 40, §5,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§80d–1. Use of appropriations for road construction
After June 22, 1946, no part of appropriations made for the National Park Service shall be available for road construction in Kings Canyon National Park, California, except on the floor of the canyon of the South Fork of the Kings River and the Grant Grove section of that park.
(July 1, 1946, ch. 529, §1,
Codification
Section was not enacted as part of act Mar. 4, 1940, ch. 40,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§§80e to 80h. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 80e, act Apr. 23, 1946, ch. 202, §1,
Section 80f, act Apr. 23, 1946, ch. 202, §2,
Section 80g, act Apr. 23, 1946, ch. 202, §3,
Section 80h, act Apr. 23, 1946, ch. 202, §4,
SUBCHAPTER IX—COLONIAL NATIONAL HISTORICAL PARK
§81. Establishment; statement of purposes
Upon proclamation of the President, as herein provided, sufficient of the areas hereinafter specified for the purposes of this subchapter shall be established and set apart as the Colonial National Historical Park for the preservation of the historical structures and remains thereon and for the benefit and enjoyment of the people.
(July 3, 1930, ch. 837, §1,
Codification
Section was formerly classified to
Change of Name
Section 2 of act June 5, 1936, provided: "That the area now within the Colonial National Monument, together with such additions as may hereafter be made thereto, pursuant to section 1 hereof [
§81a. Location and boundaries
The Secretary of the Interior is authorized and directed to make an examination of Jamestown Island, parts of the city of Williamsburg, and the Yorktown battlefield, all in the State of Virginia, and areas for highways to connect said island, city, and battlefield with a view to determining the area or areas thereof desirable for inclusion in the said Colonial National Historical Park, not to exceed two thousand five hundred acres of the said battlefield or five hundred feet in width as to such connecting areas, and upon completion thereof he shall make appropriate recommendations to the President, who shall establish the boundaries of said national park by proclamation: Provided, That the boundaries so established may be enlarged or diminished by subsequent proclamation or proclamations of the President upon the recommendations of the Secretary of the Interior, any such enlargement only to include lands donated to the United States or purchased by the United States without resort to condemnation.
(July 3, 1930, ch. 837, §2,
Codification
Section was formerly classified to
Change of Name
Act June 5, 1936, changed "Colonial National Monument" to "Colonial National Historical Park".
Boundaries of Park
Boundaries were established by Presidential Proc. No. 1929, Dec. 30, 1930,
Cross References
Yorktown battlefield extended not to exceed 4,500 acres, see
§81b. Revision of boundaries
Subject to all the laws and regulations applicable to the Colonial National Historical Park, the boundaries of said historical park as established by
(June 28, 1938, ch. 775, §1,
Codification
Section was not enacted as part of act July 3, 1930, ch. 837,
Change of Name
Act June 5, 1936, changed "Colonial National Monument" to "Colonial National Historical Park".
§81c. Addition of lands
The Secretary of the Interior is authorized, in his discretion, to acquire by purchase and/or accept by donation, in behalf of the United States, such lands, easements, and buildings comprising the former Governor Berkeley's mansion and homestead in James City County and Carter's Grove mansion and homestead in the same county, and the Rosewell mansion and homestead in Gloucester County as are desirable for the proper rounding out of the boundaries and for the administrative control of the Colonial National Historical Park, and such lands as are necessary for parkways, not to exceed five hundred feet wide, to connect said mansions to the said Colonial National Historical Park, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, That the said acquisition of lands and/or improvements shall be made only from such funds as may be appropriated pursuant to the authorization of
(June 5, 1936, ch. 525, §§1, 2,
Codification
Section was not enacted as part of act July 3, 1930, ch. 837,
Section was formerly classified to
Change of Name
Section 2 of act June 5, 1936, provided: "That the area now within the Colonial National Monument, together with such additions as may hereafter be made thereto, pursuant to section 1 hereof, shall be known as the 'Colonial National Historical Park', under which name the aforesaid national park shall be entitled to receive and to use all moneys heretofore or hereafter appropriated for the Colonial National Monument."
§81d. Addition of lands
The Secretary of the Interior is authorized, in his discretion, to acquire by purchase, donation, or otherwise, in behalf of the United States, such lands or interests in lands, easements, and buildings comprising the following: Glass House Point, in James City County; the area known as "The Hook", including the site of the action of October 3, 1781, in Gloucester County; and such additional lands as are desirable for the proper rounding out of the boundaries and for the administrative control of the Colonial National Historical Park: Provided, That the total acreage of lands to be added to the park, with the exception of parkways under the terms hereof shall not exceed seven hundred and fifty acres: Provided further, That the said acquisition of lands or improvements shall be made from such funds as may be appropriated pursuant to the authorization of
(June 28, 1938, ch. 775, §2,
Codification
Section was not enacted as part of act July 3, 1930, ch. 837,
§81e. Acquisition of property; condemnation proceedings
The Secretary of the Interior is authorized to accept donations of land, interest in land, buildings, structures, and other property within the boundaries of said park as determined and fixed hereunder and donations of funds for the purchase and/or maintenance thereof, the evidence of title to such lands to be satisfactory to the Secretary of the Interior: Provided, That 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
(July 3, 1930, ch. 837, §3,
References in Text
Codification
Section was formerly classified to
Change of Name
Act June 5, 1936, changed "Colonial National Monument" to "Colonial National Historical Park."
§81f. Authorization of appropriation
There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this subchapter, which shall not exceed the sum of $10,472,000 to be available for all expenses incident to the examination and establishment of the said Colonial National Historical Park and for the acquisition of lands and/or lands and improvements needed for the completion of the park, including the securing of options and other incidental expenses. The area of the Yorktown battlefield, authorized for inclusion in said park, is extended to not to exceed four thousand five hundred acres, and all Government-owned lands within the boundaries of said park as established by presidential proclamation, except those determined by the Secretary of the Interior as not necessary in carrying out the objects of said park are transferred to the administrative jurisdiction and control of the National Park Service.
(July 3, 1930, ch. 837, §4,
Codification
Section was formerly classified to
Amendments
1974—
1967—
1931—Act Mar. 3, 1931, changed amount of appropriation and inserted last sentence extending the area of Yorktown battlefield.
Change of Name
Act June 5, 1936, changed "Colonial National Monument" to "Colonial National Historical Park".
George Waller Blow Estate; Use of 1967 Increase in Authorization of Appropriations To Purchase
Section Referred to in Other Sections
This section is referred to in
§81g. Administration, protection, and development
The administration, protection, and development of the aforesaid national park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(July 3, 1930, ch. 837, §5,
Codification
Section was formerly classified to
Change of Name
Act June 5, 1936, changed "Colonial National Monument" to "Colonial National Historical Park".
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§81h. Civil and criminal jurisdiction; legislative authority of State over park
Nothing in this subchapter shall be held to deprive the State of Virginia, or any political subdivision thereof, of its civil and criminal jurisdiction in and over the areas included in said national park, nor shall this subchapter in any way impair or affect the rights of citizenship of any resident therein; and save and except as the consent of the State of Virginia may be hereafter given, the legislative authority of said State in and over all areas included within said national park shall not be diminished or affected by the creation of said national park, nor by the terms and provisions of this subchapter: Provided, That any rules and regulations authorized in
(July 3, 1930, ch. 837, §6,
Codification
Section was formerly classified to
Change of Name
Act June 5, 1936, changed "Colonial National Monument" to "Colonial National Historical Park".
§81i. Donation of buildings thereafter revenue producing; disposition of proceeds
In the event that lands and/or buildings, structures, and so forth, within the city of Williamsburg are donated to the United States and are thereafter revenue producing, the United States shall pay in the treasury of the city of Williamsburg 25 per centum of any rentals included in said revenues, and 25 per centum of the net proceeds of any commercial enterprise there conducted by the United States, such payment into the treasury of the city of Williamsburg not to exceed $20,000 in any year.
(July 3, 1930, ch. 837, §7,
Codification
Section was formerly classified to
§81j. Transfer of lands to Secretary of Navy
The Secretary of the Interior be, and he is, authorized and directed to transfer to the Secretary of the Navy complete control and jurisdiction over a parcel of land within the Colonial National Historical Park, Yorktown, Virginia, described as follows:
Beginning at a point on the existing property line between the United States naval mine depot and the Colonial National Monument Parkway properties, said point being a fence corner seven hundred and sixty-five feet, more or less, southeast of the marine barracks gate; thence south fifty-six degrees thirty-eight minutes east fifty-three and fifteen one-hundredths feet, more or less; thence south fifty degrees sixteen minutes east three hundred and twelve feet, more or less; thence south thirty-nine degrees forty-four minutes west one hundred and twenty-five and seven one-hundredths feet, more or less, to the property line between the United States naval mine depot and the Colonial National Monument Parkway; thence along the said property line north thirty-nine degrees fifty-four minutes west one hundred and twenty-eight and ninety-six one-hundredths feet, more or less; thence continuing along said property line north twenty-eight degrees eighteen minutes west two hundred and fifty-six and fifty-nine one-hundredths feet, more or less, to the point of beginning; containing six hundred and twenty-one one-thousandths of an acre, more or less.
(Dec. 23, 1944, ch. 721,
Codification
Section was not enacted as part of act July 3, 1930, ch. 837,
Sewage-Disposal System for Yorktown Area
Act Mar. 29, 1956, ch. 111,
Temporary Transfer of Jurisdiction of Portion
Act Dec. 24, 1942, ch. 820,
"
§81k. Exchange of lands
The Secretary of the Interior is authorized, in his discretion, to accept on behalf of the United States from the York County School Board, State of Virginia, title to approximately one-half acre of land in Nelson District, York County, Virginia, situated within the authorized boundaries of the Colonial National Historical Park, and in exchange therefor to convey by deed, on behalf of the United States, to the school board approximately one-half acre of land of approximately equal value situated within the Colonial National Historical Park.
(Sept. 23, 1950, ch. 999,
Codification
Section was not enacted as part of act July 3, 1930, ch. 837,
§81l. Additional exchange of lands
In order to consolidate Federal holdings in, and to improve, Colonial National Historical Park, the Secretary of the Interior, when he finds that the public interest will be served thereby, is authorized to accept on behalf of the United States from the York County School Board, State of Virginia, the conveyance of any land or interests in land located within the authorized area of the Colonial National Historical Park, together with the structures situated upon such properties, as may be agreed upon by the Secretary and the school board; and, in exchange therefor, to convey on behalf of the United States to the school board not more than fifty-five acres of land or interests in land situated within the Colonial National Historical Park.
(May 13, 1953, ch. 38,
Codification
Section was not enacted as part of act July 3, 1930, ch. 837,
§81m. Additional exchange of lands
For the purpose of preserving more effectively for the public benefit the historic properties within Colonial National Historical Park, Virginia, the Secretary of the Interior is authorized to consummate desirable land exchanges, as hereafter prescribed, and thereby to reduce and adjust the boundaries of the park. Any lands eliminated from the park hereunder shall not subsequently be added to the park except by Act of Congress.
In furtherance of these purposes, the Secretary is authorized on behalf of the United States to accept from grantors title to non-Federal land and interests in land, together with the improvements thereon, situated within the authorized park boundaries, and in exchange therefor, to convey by deed on behalf of the United States to the aforesaid grantors land or interests therein, together with the improvements thereon, situated within Colonial National Historical Park that may be used advantageously for exchange purposes. The aforesaid exchanges are authorized to be made without additional compensation by either party to the exchange when the properties to be exchanged are of approximately equal value. When, however, the properties are not of approximately equal value, as may be determined by the Secretary, an additional payment of funds shall be required by the Secretary or by the grantor of non-Federal properties, as the case may be, in order to make an equal exchange. The Secretary is authorized to use any land acquisition funds relating to the National Park System for such purposes. The Secretary may consummate land exchanges herein authorized upon such terms, conditions, and procedures as he may find to be necessary or desirable in carrying out the purposes of this section and
(Mar. 29, 1956, ch. 105, §1,
Codification
Section was not enacted as part of act July 3, 1930, ch. 837,
§81n. Transfer of lands for State Park
The Secretary is further authorized to transfer without compensation up to fifteen acres of the Colonial National Historical Park, Virginia, to the Commonwealth of Virginia for use by agencies of the Commonwealth in the establishment of a State Park in furtherance of the purposes of the Colonial National Historical Park.
(Mar. 29, 1956, ch. 105, §2,
Codification
Section was not enacted as part of act July 3, 1930, ch. 837,
§81o. Transfer of administrative jurisdiction over land
The Secretary of the Interior may transfer administrative jurisdiction over approximately 0.23 acres of land within Colonial National Historical Park, Virginia, to the Secretary of the Army, and in exchange therefor, he may accept administrative jurisdiction over a like amount of land from the Secretary of the Army, transfer of which is hereby authorized, for the purpose of relocating the Cape Henry Memorial Cross. Land over which jurisdiction is transferred to the Secretary of the Interior shall become part of Colonial National Historical Park, and land over which jurisdiction is transferred to the Secretary of the Army shall become part of Fort Story Military Reservation.
(
Codification
Section was not enacted as part of act July 3, 1930, ch. 837,
SUBCHAPTER X—NORTH CASCADES NATIONAL PARK
§90. Establishment; statement of purposes; description of area
In order to preserve for the benefit, use, and inspiration of present and future generations certain majestic mountain scenery, snow fields, glaciers, alpine meadows, and other unique natural features in the North Cascade Mountains of the State of Washington, there is hereby established, subject to valid existing rights, the North Cascades National Park (hereinafter referred to in this subchapter as the "park"). The park shall consist of the lands, waters, and interests therein within the area designated "national park" on the map entitled "Proposed Management Units, North Cascades, Washington," numbered NP–CAS–7002, and dated October 1967. The map shall be on file and available for public inspection in the office of the Director, National Park Service, Department of the Interior, and in the office of the Chief, Forest Service, Department of Agriculture.
(
Short Title of 1988 Amendment
Dedication of Park to Senator Henry M. Jackson
"
"
"
Section Referred to in Other Sections
This section is referred to in
§90a. Ross Lake National Recreation Area; establishment; statement of purposes; description of area
In order to provide for the public outdoor recreation use and enjoyment of portions of the Skagit River and Ross, Diablo, and Gorge Lakes, together with the surrounding lands, and for the conservation of the 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 Ross Lake National Recreation Area (hereinafter referred to in this subchapter as the "recreation area"). The recreation area shall consist of the lands and waters within the area designated "Ross Lake National Recreation Area" on the map referred to in
(
§90a–1. Lake Chelan National Recreation Area; establishment; statement of purposes; description of area
In order to provide for the public outdoor recreation use and enjoyment of portions of the Stehekin River and Lake Chelan, together with the surrounding lands, and for the conservation of the 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 Lake Chelan National Recreation Area (hereinafter referred to in this subchapter as the "recreation area"). The recreation area shall consist of the lands and waters within the area designated "Lake Chelan National Recreation Area" on the map referred to in
(
§90b. Land acquisition; authority of Secretary; manner and place; donation of State lands; transfer to administrative jurisdiction of Secretary; elimination of lands from national forests
(a) 1 Within the boundaries of the park and recreation areas, the Secretary of the Interior (hereinafter referred to in this subchapter as the "Secretary") may acquire lands, waters, and interests therein by donation, purchase with donated or appropriated funds, or exchange, except that he may not acquire any such interests within the recreation areas without the consent of the owner, so long as the lands are devoted to uses compatible with the purposes of this subchapter. Lands owned by the State of Washington or any political subdivision thereof may be acquired only by donation. Federal property within the boundaries of the park and recreation areas is hereby transferred to the administrative jurisdiction of the Secretary for administration by him as part of the park and recreation areas. The national forest land within such boundaries is hereby eliminated from the national forests within which it was heretofore located.
(b) The Secretary is hereby authorized to acquire, with the consent of the owner, lands outside of the authorized boundaries of North Cascades National Park Service Complex for the purpose of construction and operation of a backcountry information center not to exceed five acres. The Secretary of the Interior is further authorized to acquire with the consent of the owner, lands for the construction of a headquarters and administrative site or sites, for the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area not to exceed ten acres. The lands so acquired shall be managed as part of the park.
(
Amendments
1988—Subsec. (b).
1 Subsec. (a) designation editorially supplied.
§90b–1. 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 within the boundaries of the park and recreation areas and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction in the State of Washington 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.
(
§90b–2. Owner's retention of right of use and occupancy for agricultural, residential, or commercial purposes for life or term of years; transfer or assignment of right; termination of use and occupancy for a contrary use and upon payment of sum for unexpired right
Any owner of property acquired by the Secretary which on the date of acquisition is used for agricultural or single-family residential purposes, or for commercial purposes which he finds are compatible with the use and development of the park or the recreation areas, may, as a condition of such acquisition, retain the right of use and occupancy of the property for the same purposes for which it was used on such date, for a period ending at the death of the owner or the death of his spouse, whichever occurs later, or for a fixed term of not to exceed twenty-five years, whichever the owner may elect. Any right so retained may during its existence be transferred or assigned. Any right so retained may be terminated by the Secretary at any time after the date upon which any use of the property occurs which he finds is a use other than one which existed on the date of acquisition. In the event the Secretary terminates a right of use and occupancy under this section, he shall pay to the owner of the right the fair market value of the portion of said right which remains unexpired on the date of termination.
(
§90c. Administration
The Secretary shall administer the park in accordance with
(
§90c–1. Administration of recreation areas
(a) Statement of purposes; utilization of authorities for administration of national park system and for conservation and management of natural resources
The Secretary shall administer the recreation areas in a manner which in his judgment will best provide for (1) public outdoor recreation benefits and (2) conservation of scenic, scientific, historic, and other values contributing to public enjoyment. Within that portion of the Lake Chelan National Recreation Area which is not designated as wilderness, such management, utilization, and disposal of renewable natural resources and the continuation of 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, or other values contributing to public enjoyment, are authorized. In administering the recreation areas, the Secretary may utilize such statutory authorities pertaining to the administration of the national park system, and such statutory authorities otherwise 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. Within the Ross Lake National Recreation Area the removal and disposal of trees within power line rights-of-way are authorized as necessary to protect transmission lines, towers, and equipment;": 1 Provided, That to the extent practicable, such removal and disposal of trees shall be conducted in such a manner as to protect scenic viewsheds.
(b) Lands withdrawn from location, entry, and patent under mining laws; removal of minerals
The lands within the recreation areas, subject to valid existing rights, 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, and disposition under the United States mineral leasing laws: Provided, however, That within that portion of the Lake Chelan National Recreation Area which is not designated as wilderness, sand, rock and gravel may be made available for sale to the residents of Stehekin for local use so long as such sale and disposal does not have significant adverse effects on the administration of the Lake Chelan National Recreation Area.
(c) Receipts, disposition
All receipts derived from permits and leases issued on lands or interests in lands within the recreation areas under the Mineral Leasing Act of February 25, 1920, as amended [
(d) Hunting and fishing
The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the boundaries of the recreation areas in accordance with applicable laws of the United States and of the State of Washington, 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 Department of Game of the State of Washington.
(e) Road construction or use restrictions
The Secretary shall not permit the construction or use of any road within the park which would provide vehicular access from the North Cross State Highway to the Stehekin Road. Neither shall he permit the construction or use of any permanent road which would provide vehicular access between May Creek and Hozomeen along the east side of Ross Lake.
(
References in Text
The public land laws, referred to in subsec. (b), are classified generally to Title 43, Public Lands.
The United States mineral leasing and mining laws, referred to in subsec. (b), are classified generally to Title 30, Mineral Lands and Mining.
The Mineral Leasing Act of February 25, 1920, as amended, referred to in subsec. (c), is act Feb. 25, 1920, ch. 85,
The Acquired Lands Mineral Leasing Act of August 7, 1947, referred to in subsec. (c), is act Aug. 7, 1947, ch. 513,
Amendments
1988—Subsec. (a).
Subsec. (b).
§90d. Distributive share of counties of receipts for schools and roads unaffected
The distributive shares of the respective counties of receipts from the national forests from which the national park and recreation areas are created, as paid under the provisions of
(
§90d–1. Contracts, leases, permits, or licenses for occupation or use of Federal lands in the park or recreation areas; continuation of privileges for original or extended term
Where any Federal lands included in the park or recreation areas are legally occupied or utilized on October 2, 1968, for any purpose, pursuant to a contract, lease, permit, or license issued or authorized by any department, establishment, or agency of the United States, the Secretary shall permit the persons holding such privileges to continue in the exercise thereof, subject to the terms and conditions thereof, for the remainder of the term of the contract, lease, permit, or license or for such longer period of time as the Secretary deems appropriate.
(
§90d–2. State rights or privileges in property within recreation area used for certain highway unaffected
Nothing in this subchapter shall be construed to affect adversely or to authorize any Federal agency to take any action that would affect adversely any rights or privileges of the State of Washington in property within the Ross Lake National Recreation Area which is being utilized for the North Cross State Highway.
(
§90d–3. Administration of areas designated for public use facilities or for administrative purposes by Secretaries of the Interior and Agriculture; plan for construction of such facilities
Within two years from October 2, 1968, the Secretary of the Interior and the Secretary of Agriculture shall agree on the designation of areas within the park of recreation areas or within national forests adjacent to the park and recreation areas needed for public use facilities and for administrative purposes by the Secretary of Agriculture or the Secretary of the Interior, respectively. The areas so designated shall be administered in a manner that is mutually agreeable to the two Secretaries, and such public use facilities, including interpretive centers, visitor contact stations, lodges, campsites, and ski lifts, shall be constructed according to a plan agreed upon by the two Secretaries.
(
§90d–4. Federal Power Act administrative jurisdiction unaffected
Nothing in this subchapter shall be construed to supersede, repeal, modify, or impair the jurisdiction of the Federal Power Commission under the Federal Power Act (
(
References in Text
The Federal Power Act, referred to in text, is act June 20, 1920, ch. 285,
Amendments
1988—
Transfer of Functions
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
§90d–5. Authorization of appropriations
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 $4,500,000 shall be appropriated for the acquisition of lands or interest in lands.
(
Amendments
1976—
§90e. Pasayten Wilderness, Okanogan and Mount Baker National Forests; designation; abolition of North Cascades Primitive Area classification
(a) In order to further the purposes of the Wilderness Act [
(b) The previous classification of the North Cascades Primitive Area is hereby abolished.
(
References in Text
The Wilderness Act, referred to in subsec. (a), is
§90e–1. Glacier Peak Wilderness, Wenatchee and Mount Baker National Forests; extension of boundaries
The boundaries of the Glacier Peak Wilderness, an area classified as such more than thirty days before the effective date of the Wilderness Act [
(
References in Text
The Wilderness Act, referred to in text, is
Effective date of the Wilderness Act, referred to in text, means the date of enactment, Sept. 3, 1964, of such act.
§90e–2. Map and legal description, filing with Congressional committees; correction of errors; applicability of Wilderness Act
(a) As soon as practicable after October 2, 1968, the Secretary of Agriculture shall file a map and legal description of the Pasayten Wilderness and of the Glacier Peak Wilderness, as hereby modified, with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and such descriptions shall have the same force and effect as if included in this subchapter: Provided, however, That correction of clerical or typographical errors in such legal descriptions and maps may be made.
(b) Upon the filing of the legal descriptions and maps as provided for in subsection (a) of this section the Pasayten Wilderness and the additions to the Glacier Peak Wilderness shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act [
(
References in Text
The Wilderness Act, referred to in subsec. (b), is
Effective date of the Wilderness Act, referred to in subsec. (b), means the date of enactment, Sept. 3, 1964, of such Act.
Effective date of this subchapter, referred to in subsec. (b), means the date of enactment, Oct. 2, 1968, of this subchapter.
Amendments
1994—Subsec. (a).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§90e–3. Area review; report to the President
Within two years from October 2, 1968, the Secretary of the Interior shall review the area within the North Cascades National Park, including the Picket Range area and the Eldorado Peaks area, 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 park for preservation as wilderness, and any designation of any such area as a wilderness area shall be accomplished in accordance with said section 1132(c) and (d).
(
SUBCHAPTER XI—MOUNT RAINIER NATIONAL PARK
§91. Establishment; boundaries; trespassers
All those certain tracts, pieces, or parcels of land lying and being in the State of Washington, and within the boundaries particularly described as follows, to wit: Beginning at a point three miles east of the northeast corner of township numbered 17 north, of range 6 east of the Willamette meridian; thence south through the central parts of townships numbered 17, 16, and 15 north, of range 7 east of the Willamette meridian, 18 miles more or less, subject to the proper easterly or westerly offsets, to a point three miles east of the northeast corner of township numbered 14 north, of range 6 east of the Willamette meridian; thence east on the township line between townships numbered 14 and 15 north, 18 miles more or less to a point 3 miles west of the northeast corner of township 14 north, of range 10 east of the Willamette meridian; thence northerly subject to the proper easterly or westerly offsets, 18 miles more or less, to a point 3 miles west of the northeast corner of township numbered 17 north of range 10 east of the Willamette meridian (but in locating said easterly boundary, wherever the summit of the Cascade Mountains is sharply and well defined, the said line shall follow the said summit, where the said summit line bears west of the easterly line as herein determined); thence westerly along the township line between said townships numbered 17 and 18 to the place of beginning, are dedicated and set apart as a public park to be known and designated as the Mount Rainier National Park, for the benefit and enjoyment of the people; and all persons who shall locate or settle upon or occupy the same, or any part thereof, except as hereafter provided, shall be considered trespassers and be removed therefrom.
(Mar. 2, 1899, ch. 377, §1,
Cross References
Boundary changes and addition of lands to Mount Rainier National Park, see
Section Referred to in Other Sections
This section is referred to in
§92. Control; regulations; grants for buildings; rights-of-way; fish and game; removal of trespassers
Mount Rainier National Park shall be under the exclusive control of the Secretary of the Interior. In addition to the powers and duties enumerated in
(Mar. 2, 1899, ch. 377, §2,
Codification
The words "In addition to the powers and duties enumerated in
An additional provision in the first sentence making it the duty of the Secretary of the Interior as soon as practicable to make such rules and regulations as he might deem necessary or proper for the care and management of the park has been omitted as executed.
A provision of the original section for the disposition of the proceeds of leases for buildings for accommodation of visitors and other revenues from the park has been omitted as superseded by
"Pacific National Forest" was substituted for "Pacific Forest Reserve" on authority of act Mar. 4, 1907, ch. 2907,
Repeals
Repeal of provisions of this section relating to granting rights-of-way to railway or tramway companies for purpose of building and operating a railway or tramway, so far as they relate to lands within Mount Rainier National Park, see
Cross References
Secretary of Agriculture to execute laws affecting national forests, see
Section Referred to in Other Sections
This section is referred to in
§92a. Rights-of-way for railways, tramways, and cable lines
The provisions of
(Jan. 26, 1931, ch. 47, §6,
§93. Grant of prior lands to Northern Pacific Railroad; lieu lands to settlers
Upon execution and filing with the Secretary of the Interior, by the Northern Pacific Railroad Company, of proper deed releasing and conveying to the United States the lands in Mount Rainier National Park, also the lands in the Pacific National Forest which have been heretofore granted by the United States to said company, whether surveyed or unsurveyed, and which lie opposite said company's constructed road, said company is authorized to select an equal quantity of nonmineral public lands, so classified as nonmineral at the time of actual Government survey, which has been or shall be made, of the United States not reserved and to which no adverse right or claim shall have attached or have been initiated at the time of the making of such selection, lying within any State into or through which the railroad of said Northern Pacific Railroad Company runs, to the extent of the lands so relinquished and released to the United States. Any settlers on lands in said national park may relinquish their rights thereto and take other public lands in lieu thereof, to the same extent and under the same limitations and conditions as are provided by law for national forests and national parks.
(Mar. 2, 1899, ch. 377, §3,
Codification
"Pacific National Forest" and "national forests" substituted in text for "Pacific Forest Reserve" and "forest reserves", respectively, on authority of act Mar. 4, 1907, ch. 2907,
Section Referred to in Other Sections
This section is referred to in
§94. Location of mining claims
The location of mining claims under the mineral land laws of the United States is prohibited within the area of the Mount Rainier National Park, in the State of Washington. This provision shall not affect rights acquired in good faith before May 27, 1908, under the mineral land laws of the United States to any mining location or locations in said Mount Rainier National Park.
(May 27, 1908, ch. 200, §1,
§95. Jurisdiction by the United States; fugitives from justice
Sole and exclusive jurisdiction is assumed by the United States over the territory embraced within the Mount Rainier National Park, saving, however, to the State of Washington the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecution for or on account of rights acquired, obligations incurred, or crimes committed in said State but outside of said park, and saving further to the said State the right to tax persons and corporations, their franchises and property, on the lands included in said park. All the laws applicable to places under the sole and exclusive jurisdiction of the United States shall have force and effect in said park. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Washington.
(June 30, 1916, ch. 197, §1,
Codification
A provision accepting the act of the legislature of the State of Washington which ceded to the United States exclusive jurisdiction over the territory referred to in this section has been omitted as executed.
Section Referred to in Other Sections
This section is referred to in
§§96, 97. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 96, act June 30, 1916, ch. 197, §2,
Section 97, act June 30, 1916, ch. 197, §3,
§98. Protection of game and fish; forfeitures and punishments
All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. That the Secretary of the Interior shall make and publish such rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits other than those legally located prior to May 27, 1908, natural curiosities, or wonderful objects within said park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession within said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of this Act and who receives for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the other provisions of this Act, or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park or for the protection of the property therein, for the preservation from injury or spoliation of timber, mineral deposits other than those legally located prior to May 27, 1908, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits other than those legally located prior to May 27, 1908, natural curiosities, or other matter or thing growing or being thereon or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings.
(June 30, 1916, ch. 197, §4,
References in Text
This Act, referred to in text, is act June 30, 1916, which is classified to
Cross References
Location of mining claims within the area of Mount Rainier National Park, see
Section Referred to in Other Sections
This section is referred to in
§99. Forfeitures and seizures of guns, traps, teams, etc.
All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or animals shall be forfeited to the United States and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.
(June 30, 1916, ch. 197, §5,
References in Text
This Act, referred to in text, is act June 30, 1916, which is classified to
Section Referred to in Other Sections
This section is referred to in
§§100 to 105. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 100, acts June 30, 1916, ch. 197, §6,
Section 101, act June 30, 1916, ch. 197, §7,
Section 102, act June 30, 1916, ch. 197, §8,
Section 103, acts June 30, 1916, ch. 197, §9,
Section 104, act June 30, 1916, ch. 197, §11,
Section 105, act June 30, 1916, ch. 197, §10,
§106. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1028
Section, act June 12, 1917, ch. 27, §1,
§107. Boundary changed
The boundary of the Mount Rainier National Park is changed so as to read as follows: Beginning at park boundary monument numbered 1, established on the east line of section 4, township 17 north, range 7 east, Willamette meridian, by a survey of the boundaries of Mount Rainier National Park, Washington, by the General Land Office, plat dated April 17, 1909; thence southerly along the present west park boundary line as established by said survey, being the midtownship line of range 7 east, to its intersection with the south bank of Nisqually River; thence easterly along said bank to its intersection with the present south park boundary line at a point east of park boundary monument numbered 28, as established by said survey, being the township line between townships 14 and 15 north; thence easterly along said south park boundary line to the southeast corner of the present park boundary; thence northerly along the present east park boundary line to park boundary monument numbered 59, as established by said survey, being the midtownship line of range 10 east; thence due north to the south bank of White River; thence northeasterly along said bank to a point due east of park boundary monument numbered 67, thence due west to said monument numbered 67; thence westerly along the present north park boundary line, as established by said survey, being the township line between townships 17 and 18 north, to its intersection with the north bank of Carbon River; thence westerly along said bank to a point due north of park boundary monument numbered 1; thence due south to place of beginning; and all of those lands lying within the boundary above described are hereby included in and made a part of the Mount Rainier National Park; and all of those lands of the present Mount Rainier National Park excluded from the park are included in and made a part of the Rainier National Forest, subject to all national forest laws and regulations.
(May 28, 1926, ch. 410, §1,
Section Referred to in Other Sections
This section is referred to in
§108 . Other laws extended to added lands
The provisions of
(May 28, 1926, ch. 410, §2,
References in Text
The Federal Power Act, referred to in text, was in the original the "Act of June 10, 1920, entitled 'an Act to create a Federal power commission; to provide for the improvement of navigation, the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes' ", and was redesignated the Federal Power Act by
§109 . Additional lands
The tract of land within the following-described boundaries is excluded from the Rainier National Forest and is added to and made a part of the Mount Rainier National Park, in the State of Washington:
Beginning at a point on the present east boundary of Mount Rainier National Park one and one-quarter miles southerly from the northeast corner of the said park as fixed by
(Jan. 31, 1931, ch. 71, §1,
Section Referred to in Other Sections
This section is referred to in
§110 . Laws and regulations applicable to added lands; free use of roads maintained by State
All laws applicable to and in force within the Mount Rainier National Park as of January 31, 1931, and all regulations issued pursuant thereto, are made applicable to and extended over the land added to the said park by
(Jan. 31, 1931, ch. 71, §2,
§110a . Headquarters site; acquisition of lands
In order to apply the present headquarters site in Mount Rainier National Park to public use for which it is more suitable and to provide a headquarters for the park, the Secretary of the Interior is authorized to provide a park headquarters in the general vicinity of Ashford, Washington, and for such purpose to acquire in this vicinity, by such means as he may deem to be in the public interest, not more than three hundred acres of land, or interest therein.
(
Section Referred to in Other Sections
This section is referred to in
§110b . Administration of headquarters site
The headquarters site provided pursuant to
(
§110c . Boundary adjustments
(a) Park boundary adjustments
The boundaries of the Mount Rainier National Park as established in the Act of March 2, 1899 (
(b) Forest boundary adjustment
The boundaries of the Snoqualmie National Forest and of the Gifford Pinchot National Forest, are hereby revised to include in the Snoqualmie National Forest approximately thirty-one and one-half acres, to exclude from the Snoqualmie National Forest approximately thirty acres, and to exclude from the Gifford Pinchot National Forest approximately two hundred and ten acres, as generally depicted on a map entitled "Mount Rainier National Park Proposed 1987 Boundary Adjustments", numbered 105–80,010B, and dated January 1987, which shall be on file and available for public inspection in the Washington, District of Columbia office of the Forest Service, United States Department of Agriculture and at the Snoqualmie and Gifford Pinchot National Forests.
(c) Administration of park land
(1) Federal lands, and interests therein formerly within the boundary of the Snoqualmie National Forest and the Gifford Pinchot National Forest, which are included within the boundary of the Mount Rainier National Park pursuant to this Act are, subject to valid existing rights, hereby transferred to the administrative jurisdiction of the Secretary of the Interior for administration as part of the Park, and shall be subject to all the laws and regulations of the Park.
(2) The Secretary of the Interior is authorized to accept either concurrent or exclusive jurisdiction over lands and waters included within Mount Rainier National Park by this Act. The Secretary shall notify in writing the Governor of the State of Washington of the acceptance of any such jurisdiction ceded to the United States by the State. The existing exclusive Federal jurisdiction, where it exists in the Park, shall remain in effect until such time as the Secretary and the Governor shall agree upon the terms and conditions of concurrent legislative jurisdiction for said Park pursuant to
(3)
(d) Administration of forest land
(1) Federal lands, and interests therein formerly within the boundary of the Mount Rainier National Park, which are excluded therefrom and are included within the boundaries of the Snoqualmie National Forest pursuant to this Act are, subject to valid existing rights, hereby transferred to the administrative jurisdiction of the Secretary of Agriculture for administration as part of the Forest, and shall be subject to all the laws and regulations applicable to the National Forest System.
(2) For the purposes of
(3) Effective upon acceptance thereof by the State of Washington, the jurisdiction which the United States acquired over those lands excluded from the boundaries of the Mount Rainier National Park by this Act is hereby retroceded to the State.
(
References in Text
Act of March 2, 1899 (
This Act, referred to in subsecs. (c) and (d), is
1 See References in Text note below.
SUBCHAPTER XII—MESA VERDE NATIONAL PARK
§111 . Establishment; boundaries
There is reserved from settlement, entry, sale, or other disposal and set apart as a public reservation, all those certain tracts, pieces and parcels of land lying and being situated in the State of Colorado, within the boundaries described as follows:
Beginning at a point on the north boundary of the Southern Ute Indian Reservation in southwestern Colorado where the north quarter corner of unsurveyed fractional section 2, township 34 north, range 15 west, "south of the Ute boundary", intersects the same; thence south to the south quarter corner of unsurveyed section 26, said township; thence west to the southwest corner of unsurveyed section 25, township 34 north, range 16 west; thence north to the northwest corner of unsurveyed fractional section 1 said township and range; thence west to the southeast corner of fractional section 12, township 34 north, range 16 west, "north of the Ute boundary"; thence north to the northwest corner of section 19, township 35 north, range 15 west; thence east to the southwest corner of the southeast quarter of section 16, said township; thence north to the northwest corner of the southeast quarter of said section; thence east to the southwest corner of the northeast quarter of section 13, said township; thence north to the northwest corner of the northeast quarter of said section; thence east to the southwest corner of section 7, township 35 north, range 14 west; thence north to the northwest corner of said section; thence east to the southwest corner of section 5, said township; thence north to the northwest corner of said section; thence east to the northeast corner of said section; thence south to the southeast corner of the northeast quarter of said section; thence east to the northeast corner of the southwest quarter of section 4, said township; thence south to the northwest corner of the southeast quarter of section 16, said township; thence east to the northeast corner of the southeast quarter of said section; thence south to the northwest corner of section 22, said township; thence east to the northeast corner of said section; thence south to the northwest corner of section 26, said township; thence east along the north section line of section 26 to the east bank of the Rio Mancos: thence in a southeasterly direction along the east bank of the Rio Mancos to its intersection with the northern boundary line of the Southern Ute Indian Reservation, thence west along said Indian reservation boundary to its intersection with the range line between ranges 14 and 15 west, the place of beginning.
Said park shall be known as Mesa Verde National Park.
(June 29, 1906, ch. 3607, §§1, 2,
Codification
Section is based on sections 1 and 2 of act June 29, 1906, and a portion of section 1 of act June 30, 1913.
The first sentence to the colon is from a part of section 1 of act June 29, 1906.
The second paragraph is from section 1 of act June 30, 1913. It extended the park on the south and described the boundaries as thus changed, thereby superseding the description contained in section 1 of act June 29, 1906. Section 1 of act June 30, 1913, also recited that the lands added to the park by its provisions were lands relinquished by Indians pursuant to an agreement incorporated and ratified therein. The agreement was one dated May 10, 1911, with the Wiminuche Band of Southern Ute Indians.
The last sentence of this section is taken from section 2 of act June 29, 1906, which is also the source of
§111a . Authorization for acquisition of additional lands
For the purpose of protecting the scenery along the Point Lookout Road between the north boundary of the Mesa Verde National Park and this road's juncture with the Cortez-Mancos Road, the President of the United States is authorized, upon the recommendation of the Secretary of the Interior, to add to the said Mesa Verde National Park, Colorado, by executive proclamation, a strip of land two hundred and sixty feet wide along and including said Point Lookout Road, and the triangle formed by the fork in said road and such other public land along or adjacent to said road and right-of-way and lands as may be acquired by gift or by exchanges as hereinafter provided, which lands shall thereupon become and be a part of said park subject to all laws and regulations applicable thereto.
(Feb. 26, 1931, ch. 308, §1,
Section Referred to in Other Sections
This section is referred to in
§111b . Donations or exchanges of lands
For the purpose of carrying out the provisions of this section and
(Feb. 26, 1931, ch. 308, §2,
§111c . Revision of boundaries; vested rights; administration
The boundaries of Mesa Verde National Park are hereby revised to include the following described lands, which, subject to valid existing rights, shall be administered as a part of the park in accordance with
new mexico principal meridian, colorado
Township 36 North, Range 14 West
Section 29: All portions of the south half and the southeast quarter northwest quarter lying south and west of the right-of-way of United States Highway 160.
Section 32: Those portions of the section lying south and west of the right-of-way of United States Highway 160, except the north entrance road to the park, the southeast quarter southwest quarter, and the southeast quarter northeast quarter southwest quarter.
Section 33: That portion of the northwest quarter northwest quarter, more particularly described as follows: Beginning at a point on the west line of section 33 which is 456.5 feet south of the northwest corner of section 33, thence running south along the west line of section 33 for a distance of 373.0 feet, thence running east for a distance of 516.8 feet, thence running north for a distance of 132.7 feet, thence running north 65 degrees 06 minutes west for a distance of 570.0 feet along the southwesterly right-of-way of Highway 160 to the point of beginning.
(
Section Referred to in Other Sections
This section is referred to in
§111d . Acquisition of lands within boundaries of park
The Secretary of the Interior may acquire by purchase, with donated or appropriated funds, lands and interests in lands within the boundaries of Mesa Verde National Park as revised by
(
Section Referred to in Other Sections
This section is referred to in
§111e . Authorization of appropriations
There are hereby authorized to be appropriated such sums, but not more than $193,233 as may be necessary to carry out the provisions of
(
Amendments
1976—
§112 . Control; regulations; prehistoric ruins
Mesa Verde National Park shall be under the exclusive control of the Secretary of the Interior. In addition to the duties and powers enumerated in
(June 29, 1906, ch. 3607, §2,
Codification
As enacted by act June 29, 1906, this section began with a clause naming the park which was stricken out and inserted as the last sentence of
A provision for the making of necessary rules and regulations by the Secretary of the Interior has been omitted by reason of the reference to
§113 . Examinations, excavations, and gathering objects of interest
The Secretary of the Interior is authorized to permit examinations, excavations, and other 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 always, That the examinations, excavations, and gatherings shall be 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 archaeological science.
(June 29, 1906, ch. 3607, §3,
§114 . Removal, disturbance, destruction, or molestation of ruins
Any person or persons who may otherwise in any manner willfully remove, disturb, destroy, or molest any of the ruins, mounds, buildings, graves, relics, or other evidences of an ancient civilization or other property from said park shall be deemed guilty of a misdemeanor, and upon conviction before any court having jurisdiction of such offenses shall be fined not more than $1,000 or imprisoned not more than twelve months, or such person or persons may be fined and imprisoned, at the discretion of the judge, and shall be required to restore the property disturbed, if possible.
(June 29, 1906, ch. 3607, §4,
§115 . Leases and permits; prehistoric ruins not included
The Secretary of the Interior may, upon terms and conditions to be fixed by him, grant leases and permits for the use of the land or development of the resources thereof, in the Mesa Verde National Park, and the funds derived therefrom shall be covered into the Treasury of the United States. Such leases or grants shall not include any of the prehistoric ruins in said park or exclude the public from free or convenient access thereto.
(June 25, 1910, ch. 385, §1,
Cross References
Permit, license, lease, or other authorization for prospecting or development of mineral resources in Mesa Verde National Park, not to be granted or made after January 26, 1931, see
§115a . Mineral resources; exploitation
After January 26, 1931, no permit, license, lease, or other authorization for the prospecting, development, or utilization of the mineral resources within the Mesa Verde National Park, Colorado, shall be granted or made.
(Jan. 26, 1931, ch. 47, §1,
§116 . Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1028
Section, act June 12, 1917, ch. 27, §1,
§117 . Exclusive jurisdiction ceded to United States by Colorado; saving provisions; fugitives from justice
Sole and exclusive jurisdiction is assumed by the United States over the territory embraced and included within the Mesa Verde National Park, saving, however, to the State of Colorado the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed outside of said park; and saving further to the said State the right to tax persons and corporations, their franchises and property on the lands included in said tracts: and saving also to the persons residing in said park now or after April 25, 1928, the right to vote at all elections held within the county or counties in which said tracts are situated. All the laws applicable to places under the sole and exclusive jurisdiction of the United States shall have force and effect in said park. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Colorado.
(Apr. 25, 1928, ch. 434, §1,
Codification
A provision accepting the act of the Colorado Legislature which ceded to the United States exclusive jurisdiction over the territory referred to in this section has been omitted as executed.
§§117a, 117b . Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 117a, act Apr. 25, 1928, ch. 434, §2,
Section 117b, act Apr. 25, 1928, ch. 434, §3,
§117c . Hunting and fishing; general rules and regulations; protection of property; violation of statutes and rules; penalties
All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. That the Secretary of the Interior shall make and publish such general rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of the ruins and other works and relics of prehistoric or primitive man, all timber, natural curiosities, or wonderful objects within said park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession within said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of this Act and who receives for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park or for the protection of the property therein, for the preservation from injury or spoliation of the ruins and other works and relics of prehistoric or primitive man, and timber, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, natural curiosities, or other matter or thing growing or being thereon or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings: Provided, however, That any person or persons who may, without permission from the Secretary of the Interior, in any manner willfully remove, disturb, destroy, or molest any of the ruins, mounds, buildings, graves, relics, or other evidences of an ancient civilization from said park shall upon conviction before any court having jurisdiction of such offenses be fined not more than $1,000 or imprisoned not more than twelve months, or such person or persons may be fined and imprisoned, at the discretion of the judge, and shall be required to restore the property disturbed, if possible.
(Apr. 25, 1928, ch. 434, §4,
References in Text
This Act, referred to in text, is act Apr. 25, 1928, which is classified to
§117d . Forfeiture of property used for unlawful purpose
All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or animals shall be forfeited to the United States and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.
(Apr. 25, 1928, ch. 434, §5,
References in Text
This Act, referred to in text, is act Apr. 25, 1928, which is classified to
§§117e to 117j . Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 117e, acts Apr. 25, 1928, ch. 434, §6,
Section 117f, act Apr. 25, 1928, ch. 434, §7,
Section 117g, act Apr. 25, 1928, ch. 434, §8,
Section 117h, acts Apr. 25, 1928, ch. 434, §9,
Section 117i, act Apr. 25, 1928, ch. 434, §10,
Section 117j, act Apr. 25, 1928, ch. 434, §11,
§118 . Appropriations; availability for operation of Aileen Nusbaum Hospital
Appropriations made for Mesa Verde National Park shall be available for the operation of the Aileen Nusbaum Hospital and the furnishing of the necessary service in connection therewith at rates to be fixed by the Secretary of the Interior.
(May 14, 1930, ch. 273, §1,
SUBCHAPTER XIII—PETRIFIED FOREST NATIONAL PARK
§119. Establishment; notice in Federal Register; administration; exchange and acquisition of lands; remaining funds
In order to permit the establishment of the Petrified Forest National Monument, Arizona, and other lands as provided for herein, as the Petrified Forest National Park, such national park shall be established (a) after title to all of the lands described in
The Petrified Forest National Park shall be preserved and administered in its natural condition by the Secretary of the Interior for the public benefit in accordance with the general laws governing areas of the National Park System and in accordance with the basic policies relating thereto as prescribed by
The exchange authority prescribed for the Petrified Forest National Monument in
For the purposes of this section and
Upon establishment of the Petrified Forest National Park, as authorized by this section and
(
Transfer of Jurisdiction, Air Force Housing at Radar Bomb Scoring Site, Holbrook, Arizona
"(a)
"(b)
"(c)
§119a. Boundaries
The Petrified Forest National Park, authorized to be established pursuant to
gila and salt river meridian
Township 20 north, range 23 east: Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36, all.
Township 20 north, range 24 east: All.
Township 20 north, range 25 east: Sections 4, 5, 6, 7, 8, 9, 16, 17, 18, all.
Township 19 north, range 23 east: Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, all.
Township 19 north, range 24 east: Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, all; section 11, northwest quarter and north half northeast quarter; sections 16, 17, 18, 21, 28, 33, all.
Township 18 north, range 24 east: Sections 4, 9, all; section 10, southwest quarter; sections 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, all.
Township 17 north, range 24 east: Sections 2, 11, 14, 23, 26, west halves; sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, all.
Township 17 north, range 23 east: Sections 34, 35, 36, all.
Township 16 north, range 24 east: Sections 3 and 10, west halves; sections 4, 5, 6, 7, 8, 9, all.
Township 16 north, range 23 east: Sections 1, 2, 11, 12, all; sections 3, 10, east halves.
Township 19 north, range 24 east: the southwest quarter of the southwest quarter of section 27.
(
Amendments
1986—
Effective Date of 1986 Amendment
Section 2 of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER XIV—CRATER LAKE NATIONAL PARK
§121. Establishment; boundaries
In order to preserve for the benefit, education, and inspiration of the people of the United States certain unique and ancient volcanic features, including Crater Lake, together with significant forest and fish and wildlife resources, there is hereby established the Crater Lake National Park in the State of Oregon. The boundary of the park shall encompass the lands, waters, and interests therein within the area generally depicted on the map entitled, "Crater Lake National Park, Oregon", numbered 106–80–001–A, and dated March 1981, which shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior. Lands, waters, and interests therein within the boundary of the park which were within the boundary of any national forest are excluded from such national forest and the boundary of such national forest is revised accordingly.
(May 22, 1902, ch. 820, §1,
Amendments
1982—
1980—
Disposition of Excluded Lands, Water, and Interests
Section 1(b) of
Section Referred to in Other Sections
This section is referred to in
§121a. Repealed. Pub. L. 96–553, §1(b), Dec. 19, 1980, 94 Stat. 3255
Section, act May 14, 1932, ch. 184,
§122. Control; regulations
Crater Lake National Park shall be under the control and custody of the Secretary of the Interior. In addition to the powers and duties enumerated in
(May 22, 1902, ch. 820, §2,
Codification
A provision for the making of necessary rules and regulations by the Secretary of the Interior has been omitted by reason of the reference to
Cross References
Secretary of the Interior to make and publish rules and regulations proper for management and care of Crater Lake National Park and for protection of property therein, see
Section Referred to in Other Sections
This section is referred to in
§122a. Water quality of Crater Lake; studies and investigations; report to Congress
The Secretary of the Interior is authorized and directed to promptly instigate studies and investigations as to the status and trends of change of the water quality of Crater Lake, and to immediately implement such actions as may be necessary to assure the retention of the lake's natural pristine water quality. Within two years of the effective date of this provision, and biennially thereafter for a period of ten years, the Secretary shall report the results of such studies and investigations, and any implementation actions instigated, to the appropriate committees of the Congress.
(
References in Text
The effective date of this provision, referred to in text, probably means the date of enactment of
§123. Settlement, residence, lumbering, or business within park punishable; admission of visitors
It shall be unlawful for any person to establish any settlement or residence within Crater Lake National Park, or to engage in any lumbering, or other enterprise or business occupation therein, or to enter therein for any speculative purpose whatever, and any person violating the provisions of this section or
(May 22, 1902, ch. 820, §3,
Amendments
1976—
Mining Rights Existing Prior to 1976 Amendment
Section 3 of
Cross References
Mineral deposits other than those legally located prior to Aug. 21, 1916, see
Rules and regulations for use and management of national parks generally, see
§124. Jurisdiction by the United States; fugitives from justice
Sole and exclusive jurisdiction is assumed by the United States over the territory embraced within the Crater Lake National Park, saving, however, to the State of Oregon the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecution for or on account of rights acquired, obligations incurred, or crimes committed in said State but outside of said park, and saving further to the said State the right to tax persons and corporations, their franchises and property, on the lands included in said park. All the laws applicable to places under the sole and exclusive jurisdiction of the United States shall have force and effect in said park. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Oregon.
(Aug. 21, 1916, ch. 368, §1,
Codification
A provision accepting the act of the Oregon Legislature which ceded to the United States exclusive jurisdiction over the territory referred to in this section has been omitted as executed.
§§125, 126. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 125, act Aug. 21, 1916, ch. 368, §2,
Section 126, act Aug. 21, 1916, ch. 368, §3,
§127. Hunting and fishing; rules and regulations; punishment
All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. The Secretary of the Interior shall make and publish such rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits other than those legally located prior to August 21, 1916, natural curiosities, or wonderful objects within said park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession within said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of this Act and who receives for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the other provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park or for the protection of the property therein, for the preservation from injury or spoliation of timber, mineral deposits other than those legally located prior to August 21, 1916, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits other than those legally located prior to August 21, 1916, natural curiosities, or other matter or thing growing or being thereon or situate therein, shall be deemed guilty of a misdemeanor, and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings.
(Aug. 21, 1916, ch. 368, §4,
References in Text
This Act, referred to in text, is act Aug. 21, 1916, which is classified to
§128. Forfeitures or seizures of guns, traps, teams, etc., for violating regulations
All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or animals shall be forfeited to the United States and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.
(Aug. 21, 1916, ch. 368, §5,
References in Text
This Act, referred to in text, is act Aug. 21, 1916, which is classified to
§§129 to 134. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 129, acts Aug. 21, 1916, ch. 368, §6,
Section 130, act Aug. 21, 1916, ch. 368, §7,
Section 131, act Aug. 21, 1916, ch. 368, §8,
Section 132, acts Aug. 21, 1916, ch. 368, §9,
Section 132a, act June 25, 1935, ch. 309, §3,
Section 133, act Aug. 21, 1916, ch. 368, §11,
Section 134, act Aug. 21, 1916, ch. 368, §10,
§135. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1028
Section, act June 12, 1917, ch. 27, §1,
SUBCHAPTER XV—WIND CAVE NATIONAL PARK
§141. Establishment; boundaries
There are reserved from settlement, entry, sale, or other disposal, and set apart as a public park, all those certain tracts, pieces, or parcels of land lying and being situate in the State of South Dakota and within the boundaries particularly described as follows: Beginning at the southeast corner of section 13, township 6 south, range 5 east, Black Hills meridian, South Dakota; thence westerly to the southwest corner of the southeast quarter section 16, said township; thence northerly along the quarter-section lines to the northwest corner of the northeast quarter of section 4, said township; thence easterly to the southwest corner of section 34, township 5 south, range 5 east; thence northerly to the northwest corner of said section; thence easterly to the northeast corner of section 31, township 5 south, range 6 east; thence southerly along the section lines to the southeast corner of section 7, township 6 south, range 6 east; thence westerly to the southwest corner of said section; thence southerly to the southeast corner of section 13, township 6 south, range 5 east, the place of beginning. Nothing herein contained shall be construed to affect any valid rights acquired in connection with any of the lands embraced within the limits of said park which shall be known as Wind Cave National Park.
(Jan. 9, 1903, ch. 63, §§1, 2,
Codification
This section, with the exception of the last clause, which names the park, was from section 1 of act Jan. 9, 1903. The last clause was taken from section 2 of said act which section is also the source of
§141a. Revision of boundaries
The boundary of the Wind Cave National Park is established as follows:
Beginning at the southeast corner of section 13, township 6 south, range 5 east; thence west to the southwest corner of section 15, township 6 south, range 5 east; thence north to the west quarter corner of section 10, township 6 south, range 5 east; thence to the north quarter corner of section 10, township 6 south, range 5 east; thence to the west quarter corner of section 2, township 6 south, range 5 east; thence north to the northwest corner of the southwest quarter of the northwest quarter of section 11, township 5 south, range 5 east; thence to the north quarter corner of section 11, township 5 south, range 5 east; thence to the northeast corner of the southeast quarter of the southeast quarter of section 2, township 5 south, range 5 east; thence east to the northeast corner of the southwest quarter of the southwest quarter of section 6, township 5 south, range 6 east; thence in a southeasterly direction to the southeast corner of the northeast quarter of section 7, township 5 south, range 6 east along a line to be mutually acceptable to the South Dakota Game, Fish, and Parks Commission and the Secretary of the Interior; thence from the southeast corner of the northeast quarter of section 7, township 5 south, range 6 east; east to the northeast corner of the southwest quarter of section 12, township 5 south, range 6 east; thence south to the northeast corner of the southeast quarter of the southwest quarter of section 12, township 5 south, range 6 east; thence east to the northeast corner of the southwest quarter of the southwest quarter of section 7, township 5 south, range 7 east, thence south to the southeast corner of the southwest quarter of the southwest quarter of section 18, township 5 south, range 7 east; thence west to the northeast corner of section 24, township 5 south, range 6 east; thence south to the southeast corner of section 24, township 5 south, range 6 east; thence west to the southwest corner of section 24, township 5 south, range 6 east; thence south to the southeast corner of the northeast quarter of the southeast quarter of section 35, township 5 south, range 6 east; thence west to the southwest corner of the northwest quarter of the southwest quarter of section 35, township 5 south, range 6 east; thence south to the southeast corner of section 34, township 5 south, range 6 east; thence west to the southwest corner of the southeast quarter of the southwest quarter of section 33, township 5 south, range 6 east; thence north to the northeast corner of the northwest quarter of the southwest quarter of section 28, township 5 south, range 6 east; thence west to the northwest corner of the southwest quarter of section 29, township 5 south, range 6 east; thence south to the southeast corner of section 7, township 6 south, range 6 east; thence west to the southwest corner of section 7, township 6 south, range 6 east; thence south to the southeast corner of section 13, township 6 south, range 5 east; the point of beginning, and all of those lands lying within the boundary above described, together with the south half of the northeast quarter and the west half of the northeast quarter of the northeast quarter of section 32, township 5 south, range 5 east, are included in and made a part of the Wind Cave National Park and shall be subject to all laws and regulations applicable thereto.
(Mar. 4, 1931, ch. 496,
Amendments
1946—Act Aug. 9, 1946, revised the boundaries of the park.
§141b. Wind Cave National Game Preserve transferred to park
Effective July 1, 1935, the Wind Cave National Game Preserve in the State of South Dakota is abolished, and all the property, real or personal, comprising the same is transferred to and made a part of the Wind Cave National Park and the same shall be administered by the Secretary of the Interior as a part of said park, subject to all laws and regulations applicable thereto, for the purposes expressed in
(June 15, 1935, ch. 261, title VI, §601,
References in Text
Section Referred to in Other Sections
This section is referred to in
§141c. Disposal of surplus buffalo and elk
(a) The Secretary of the Interior is authorized, in his discretion and under regulations to be prescribed by him, to sell or otherwise dispose of the surplus buffalo and elk of the Wind Cave National Park herd.
(b) All moneys received from the sale of any such surplus animals, or products thereof, shall be deposited in the Treasury of the United States as miscellaneous receipts.
(June 16, 1938, ch. 459, §§1, 2,
Codification
Subsecs. (a) and (b) of this section constitute sections 1 and 2, respectively, of act June 16, 1938.
Cross References
Revenues of national parks covered into Treasury, see
§142. Control; regulations
Wind Cave National Park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be to prescribe such rules and regulations and establish such service as he may deem necessary for the care and management of the same.
(Jan. 9, 1903, ch. 63, §2,
Codification
This section is a part of section 2 of act Jan. 9, 1903. The other part of section 2 of said act is classified to
§§143, 144. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1028
Sections, act Jan. 9, 1903, ch. 63, §§3, 4,
§145. Exchange of lands
In cases in which a tract covered by an unperfected bona fide claim or by a patent is included within the limits of this park, the settler or owner thereof may, if he desires to do so, relinquish the tract to the Government and secure other land, outside of the park, in accordance with the provisions of the law relating to the subject of such relinquishment of lands in national forests in the State of South Dakota.
(Jan. 9, 1903, ch. 63, §5,
§146. Offenses within park
All persons who shall unlawfully intrude upon said park, or who shall without permission appropriate any object therein or commit unauthorized injury or waste in any form whatever upon the lands or other public property therein, or who shall violate any of the rules and regulations prescribed hereunder, shall upon conviction be fined in a sum not more than $1,000 or be imprisoned for a period not more than twelve months, or shall suffer both fine and imprisonment, in the discretion of the court.
(Jan. 9, 1903, ch. 63, §6,
References in Text
Hereunder, referred to in text, means act Jan. 9, 1903, ch. 63,
Cross References
Violations of rules and regulations to be punishable by fine of not more than $500 or imprisonment not exceeding six months or both, see
SUBCHAPTER XVI—CESSION OF INDIAN LANDS AT SULPHUR, OKLAHOMA
§151. Acquisition; payment
The Choctaw and Chickasaw Tribes absolutely and unqualifiedly relinquish, cede, and convey unto the United States a tract or tracts of land at and in the vicinity of the village of Sulphur, in the Chickasaw Nation, of not exceeding six hundred and forty acres, to be selected, under the direction of the Secretary of the Interior, and to embrace all the natural springs in and about said village, and so much of Sulphur Creek, Rock Creek, Buckhorn Creek, and the lands adjacent to said natural springs and creeks as may be deemed necessary by the Secretary of the Interior for the proper utilization and control of said springs and the waters of said creeks, which lands shall be so selected as to cause the least interference with the contemplated town site at that place consistent with the purposes for which said cession is made. The ceded lands shall be held, owned, and controlled by the United States absolutely and without any restriction, save that no part thereof shall be platted or disposed of for town-site purposes during the existence of the two tribal governments. There shall be deposited in the Treasury of the United States, to the credit of the two tribes, from the unappropriated public moneys of the United States, $20 per acre for each acre so selected, which shall be in full compensation for the lands so ceded, and such moneys shall, upon the dissolution of the tribal governments, be divided per capita among the members of the tribes, freedmen excepted, as are other funds of the tribes. Until otherwise provided by law, the Secretary of the Interior may, under rules prescribed for that purpose, regulate and control the use of the water of said springs and creeks and the temporary use and occupation of the lands so ceded. No person shall occupy any portion of the lands so ceded, or carry on any business thereon, except as provided in said rules, and until otherwise provided by Congress the laws of the United States relating to the introduction, possession, sale, and giving away of liquors or intoxicants of any kind within the Indian country or Indian reservations shall be applicable to the lands so ceded. Nothing contained in this section shall be construed or held to commit the Government of the United States to any expenditure of money upon said lands or the improvements thereof, except as provided herein, it being the intention of this provision that in the future the lands and improvements herein mentioned shall be conveyed by the United States to such Territorial or State organization as may exist at the time when such conveyance is made.
(July 1, 1902, ch. 1362, §64,
Codification
Section is from section 64 of act July 1, 1902, which was part of an agreement between the United States and the Choctaw and Chicasaw tribes of Indians, ratified by and included in that Act.
The following provisions contained in this section as originally enacted were omitted as temporary and executed:
A provision that the selection of lands by the Secretary of the Interior should be within four months after the ratification of the agreement aforesaid; a provision, following the words of the present section reading "the two tribal governments" for the disposition of such other lands as might be embraced in a town site at that point; a provision that the deposit in the Treasury to the credit of the two tribes should be within ninety days after the selection of the land; and a provision for the appraisal of and reimbursement for all improvements lawfully upon the lands selected.
A provision of the original text that the land should remain within the jurisdiction of the United States court for the southern district of the Indian Territory was changed to read as set out herein by virtue of sections 13 and 14 of the Oklahoma Enabling Act of June 16, 1906, and the Executive Proclamation of Nov. 16, 1907, declaring the admission of Oklahoma to the Union.
Amendments
1948—Act June 25, 1948, struck out sentence placing lands within jurisdiction of the District Court of the United States for the Eastern District of Oklahoma.
Change of Name
Platt National Park designation repealed and areas formerly known as Platt National Park made an integral part of Chickasaw National Recreation Area by
Effective Date of 1948 Amendment
Section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948.
Repeals
Section Referred to in Other Sections
This section is referred to in
§152. Additional land withdrawn; payment; management and control; regulations; sale of improvements; penalties; town lots
The Secretary of the Interior is authorized and directed to withhold from sale or other disposition the irregular tract of land containing seventy-eight and sixty-eight one-hundredths acres, more or less, lying in the northwest quarter of section 2 and the northeast quarter of section 3, township 1 south, range 3 east, and being within the exterior boundaries of the proposed town site of Sulphur, in the Chickasaw Nation, Indian Territory, and excluded from said town site by order of the Secretary of the Interior, of October 20, 1903, and also to withdraw and withhold from disposition the tract of land within the exterior boundaries of said proposed town site, lying south of and adjacent to the tract above mentioned, containing in the aggregate one hundred and thirty-eight acres, more or less, and mentioned in the report of Gerard H. Matthes, of December 27, 1903, to F. H. Newell, chief engineer United States Geological Survey, and shown upon the map accompanying said report by a yellow line.
The land reserved shall be paid for by the United States at the rate of $60 per acre and in the same manner as the land acquired in accordance with the provisions of
(Apr. 21, 1904, ch. 1402, §18,
Codification
A clause of the original text making an appropriation to carry out this provision and a provision for appraisement of and payment for all improvements upon the land have been omitted as executed.
Provisions requiring the Secretary to cover all money received into the Treasury to the credit of miscellaneous receipts were substituted for provisions which permitted the expenditure of such money under the direction of the Secretary for the care and management of the lands and the preservation of the improvements thereon in view of act June 12, 1917, which required the Secretary to cover the receipts of all revenues of the national parks into the Treasury to the credit of miscellaneous receipts.
Change of Name
Platt National Park designation repealed and areas formerly known as Platt National Park made an integral part of Chickasaw National Recreation Area by
Repeals
§153. Existing laws unaffected by admission of Oklahoma; rights and jurisdiction of United States; indemnity school lands
Nothing in the Act of June 16, 1906,
(June 16, 1906, ch. 3335, §7,
Codification
Section is from a proviso annexed to section 7 of act June 16, 1906.
Change of Name
Platt National Park designation repealed and areas formerly known as Platt National Park made an integral part of Chickasaw National Recreation Area by
Repeals
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER XVII—BIG BEND NATIONAL PARK
§156. Establishment; boundaries
When title to such lands as may be determined by the Secretary of the Interior as necessary for recreational park purposes within the boundaries to be determined by him within the area of approximately one million five hundred thousand acres, in the counties of Brewster and Presidio, in the State of Texas, known as the "Big Bend" area, shall have been vested in the United States, such lands shall be established, dedicated, and set apart as a public park for the benefit and enjoyment of the people and shall be known as the "Big Bend National Park": Provided, That the United States shall not purchase by appropriation of public moneys any land within the aforesaid area, but such lands shall be secured by the United States only by public and private donations.
(June 20, 1935, ch. 283, §1,
Section Referred to in Other Sections
This section is referred to in
§157. Acquisition of lands
The Secretary of the Interior is authorized, in his discretion and upon submission of evidence of title satisfactory to him, to accept, on behalf of the United States, title to the lands referred to in
(June 20, 1935, ch. 283, §2,
Section Referred to in Other Sections
This section is referred to in
§157a. Additional lands; aggregate cost
The Secretary of the Interior is authorized to acquire, in such manner as he shall consider to be in the public interest, any land or interests in land situated within sections 15, 22, 27, 34, block 234, Brewster County, Texas, which he shall consider to be suitable for addition to the Big Bend National Park: Provided, however, That the aggregate cost to the Federal Government of properties acquired hereafter and under the provisions hereof shall not exceed the sum of $10,000. Properties acquired pursuant to this section shall become a part of the park upon acquisition of title thereto by the United States.
(Aug. 30, 1949, ch. 522,
§157b. Additional lands within park boundaries
Notwithstanding any other provisions of law, the Secretary of the Interior is authorized to procure, in such manner as he may consider to be in the public interest, the remaining non-Federal land and interests in land within the boundaries of Big Bend National Park.
(Aug. 8, 1953, ch. 385,
§157c. Boundary revision; acquisition of lands and interests; authorization of appropriations
The boundary of the Big Bend National Park in the State of Texas is hereby revised to include the lands and interests therein within the area generally depicted on the map entitled "Big Bend National Park, Boundary Additions", numbered 155/80,019–A and dated June 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 is authorized to acquire the lands and interests therein added to the park by this section by donation, purchase with donated or appropriated funds, or exchange, except that lands and interests therein owned by the State of Texas or any political subdivision thereof may be acquired only by donation or exchange. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, but not to exceed $1,500,000 for the acquisition of lands and interests therein.
(
§157d. Additional boundary revision; acquisition of lands and interests
The boundaries of Big Bend National Park, established by the Act of June 20, 1935 (
(
References in Text
Act of June 20, 1935, referred to in text, is act June 30, 1935, ch. 283,
§158. Administration, protection, and development
The administration, protection, and development of the Big Bend National Park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(June 20, 1935, ch. 283, §3,
References in Text
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
Transfer of Functions
For transfer of functions of 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,
Section Referred to in Other Sections
This section is referred to in
§§158a to 158d. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 158a, act May 15, 1947, ch. 55, §1,
Section 158b, act May 15, 1947, ch. 55, §2,
Section 158c, act May 15, 1947, ch. 55, §3,
Section 158d, act May 15, 1947, ch. 55, §4,
SUBCHAPTER XVIII—SARATOGA NATIONAL HISTORICAL PARK
§159. Establishment; boundaries
When title to all the lands, structures, and other property in the area at Saratoga, New York, whereon was fought the Battle of Saratoga during the War of the Revolution, shall have been vested in the United States, such area shall be, and it is, established, dedicated, and set apart as a public park for the benefit and inspiration of the people and shall be known as the Saratoga National Historical Park: Provided, That such area shall include that part of the Saratoga Battlefield now belonging to the State of New York and any additional lands in the immediate vicinity thereof which the Secretary of the Interior may, within six months after the approval of
(June 1, 1938, ch. 316, §1,
Section Referred to in Other Sections
This section is referred to in
§159a. Acceptance of donations
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 historical park as determined and fixed hereunder 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 when purchasable at prices deemed by him reasonable, otherwise by condemnation under the provisions of
(June 1, 1938, ch. 316, §2,
References in Text
§159b. Administration, protection, and development
The administration, protection, and development of the Saratoga National Historical Park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(June 1, 1938, ch. 316, §3,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§159c. Completion of establishment
For the purpose of completing the establishment of Saratoga National Historical Park, and to provide adequately for its future development, all lands and other property which have been acquired by the Federal Government pursuant to
(June 22, 1948, ch. 594, §1,
Section Referred to in Other Sections
This section is referred to in
§159d. Acceptance of General Philip Schuyler Mansion property
The Secretary of the Interior is authorized to accept all or any portion of the General Philip Schuyler Mansion property, real and personal, situated at Schuylerville, New York, comprising approximately fifty acres.
(June 22, 1948, ch. 594, §2,
Amendments
1983—
§159e. Revision of boundary; additional acreage; authorization of appropriations
(a) The Secretary of the Interior is authorized to revise the boundary of the Saratoga National Historic Park to add approximately one hundred and forty-seven acres.
(b) For the purposes of acquiring land and interest in land added to the unit referred to in subsection (a) of this section there are authorized to be appropriated from the Land and Water Conservation Fund such sums as may be necessary but not to exceed $74,000 for Saratoga National Historic Park.
(
Section Referred to in Other Sections
This section is referred to in
§159f. Enactment of revision
In order to preserve certain lands historically associated with the Battle of Saratoga and to facilitate the administration and interpretation of the Saratoga National Historical Park (hereinafter in this Act referred to as "the park"), the boundary of the park is hereby revised to include the area generally depicted on the map entitled "Saratoga National Historical Park", numbered 80,001, and dated March 23, 1979.
(
References in Text
This Act, referred to in text, is
Authorization of Appropriations
Section 4 of
§159g. Acquisition of lands
(a) Manner; limitations
Except as provided in subsection (b) of this section, within the boundary of the park, the Secretary of the Interior (hereinafter in this Act referred to as the "Secretary"), is authorized to acquire lands and interests therein by donation, purchase with donated or appropriated funds, or exchange. Except for the tract identified on the aforesaid map as tract number 01–132, which was authorized to be acquired by
(b) Conditions for forced sale; right of first refusal
(1) Appropriated funds may not be used to acquire lands or interests therein within the park without the consent of the owner except when—
(A) the Secretary determines that such owner is subjecting, or is about to subject, the property to actions which would significantly degrade its value as a component of the park; or
(B) the owner fails to comply with the provisions of paragraph (2).
The Secretary shall immediately notify the owner in writing of any determination under subparagraph (A). If the owner immediately ceases the activity subject to such notification, the Secretary shall attempt to negotiate a mutually satisfactory solution prior to exercising any authority provided by subsection (a) of this section.
(2) If an owner of lands or interests therein within the park intends to transfer any such lands or interest to persons other than the owner's immediate family, the owner shall notify the Secretary in writing of such intention. Within forty-five days after receipt of such notice, the Secretary shall respond in writing as to his interest in exercising a right of first refusal to purchase fee title or lesser interests. If, within such forty-five days, the Secretary declines to respond in writing or expresses no interest in exercising such right, the owner may proceed to transfer such interests. If the Secretary responds in writing within such forty-five days and expresses an interest and intention to exercise a right of first refusal, the Secretary shall initiate an action to exercise such right within ninety days after the date of the Secretary's response. If the Secretary fails to initiate action to exercise such right within such ninety days, the owner may proceed to otherwise transfer such interests. As used in this subsection with respect to a property owner, the term "immediate family" means the spouse, brother, sister, parent, or child of such property owner. Such term includes a person bearing such relationships through adoption and a stepchild shall be treated as a natural born child for purposes of determining such relationship.
(c) Exception
Subsection (b) of this section shall not apply with respect to tract number 01–142.
(d) Notification by owner of intended actions
When an owner of property within the park desires to take an action with respect to his property, he shall request, in writing, a prompt written determination from the Secretary as to the likelihood of such action provoking a determination by the Secretary under the provisions of subsection (b)(1)(A) of this section. The Secretary is thereupon directed to promptly issue such owner a certificate of exemption from condemnation for such actions proposed by the owner which the Secretary determines to be compatible with the purposes of the park.
(e) Limited right of retention; calculation of payment
(1) An owner of improved property which is used solely for noncommercial residential purposes, or for commercial agricultural purposes found to be compatible with the General Management Plan, on the date of its acquisition by the Secretary may retain, as a condition of such an acquisition, a right of use and occupancy of the property for such residential or agricultural 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. 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 term retained by the owner.
(2) Except for tract number 01–142, paragraph (1) shall not apply to property which the Secretary determines to be necessary for the purposes of administration, development, access, or public use.
(f) Rapid acquisition
Any owner of lands or interests therein within the park who desires to have such lands or interests acquired by the Secretary may notify the Secretary in writing of such desire. It is the intention of the Congress that, upon receipt of such notification, and on the condition that such acquisition will transpire at fair market value and in accordance with other conditions acceptable to the Secretary, the Secretary shall endeavor to acquire such lands or interests therein within six months of the date of receipt of such notice from the owner.
(
References in Text
This Act, referred to in subsec. (a), is
SUBCHAPTER XIX—VOYAGEURS NATIONAL PARK
§160. Congressional declaration of purpose
The purpose of this subchapter is to preserve, for the inspiration and enjoyment of present and future generations, the outstanding scenery, geological conditions, and waterway system which constituted a part of the historic route of the Voyageurs who contributed significantly to the opening of the Northwestern United States.
(
§160a. Establishment; notice in Federal Register; donation of lands; acquisition by purchase of other lands
In furtherance of the purpose of this subchapter, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to establish the Voyageurs National Park (hereinafter referred to as the "park") in the State of Minnesota, by publication of notice to that effect in the Federal Register at such time as the Secretary deems sufficient interests in lands or waters have been acquired for administration in accordance with the purposes of this subchapter: Provided, That the Secretary shall not establish the park until the lands owned by the State of Minnesota and any of its political subdivisions within the boundaries shall have been donated to the Secretary for the purposes of the park: Provided further, That the Secretary shall not acquire other lands by purchase for the park prior to such donation unless he finds that acquisition is necessary to prevent irreparable changes in their uses or character of such a nature as to make them unsuitable for park purposes and notifies the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives of such findings at least thirty days prior to such acquisition.
(
Codification
Section formerly consisted of sections 101 and 102 of
Amendments
1994—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§160a–1. Boundaries
(a) Lands and waters included; legal description; revision
Except as provided in subsection (b) of this section, the park shall include the lands and waters within the boundaries as generally depicted on the drawing entitled "A Proposed Voyageurs National Park, Minnesota," numbered LNPMW–VOYA–1001, dated February 1969, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. Within one year after acquisition of the lands owned by the State of Minnesota and its political subdivisions within the boundaries of the park the Secretary shall affix to such drawing an exact legal description of said boundaries. The Secretary may revise the boundaries of the park from time to time by publishing in the Federal Register a revised drawing or other boundary description, but such revisions shall not increase the land acreage within the park by more than one thousand acres.
(b) Additional revisions; procedures applicable; failure to comply with procedures
(1) In addition to such revisions as the Secretary may make in the boundaries of the park from time to time pursuant to other provisions of law, the Secretary may, according to the provisions of subsection (a) of this section—
(A) delete approximately 782 acres in the Neil Point area of the park;
(B) add approximately 180 acres in the Black Bay Narrows areas of the park;
(C) add approximately 18.45 acres owned by the State of Minnesota at the Kabetogama Forestry Station;
(D) add approximately 120 acres owned by the State of Minnesota, being a strip of land through that portion of section 1, township 68 north, range 20 west, fourth principal meridian, which is parallel to and 400 feet on both sides of the unimproved road extending northward from the Ash River Trail as such road crosses each section; and
(E) subject to the provisions of paragraph (2), delete approximately 1,000 acres at Black Bay and convey such lands to the State of Minnesota.
All of the aforementioned boundary changes if accomplished shall be accomplished such that the boundary of the park shall conform to that generally depicted on the drawing entitled "Boundary, Voyageurs National Park, United States Department of the Interior, National Park Service", numbered 172–80, 008–MWR, and dated November 1981, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.
(2) The Secretary may not delete or convey the lands referred to in paragraph (1)(E) unless, prior to or simultaneously with such deletion or conveyance and in consideration of such conveyance, the State of Minnesota—
(A) tenders a conveyance of the lands described in paragraph (1)(C) and (D) to the United States by such instrument and in such manner as are satisfactory to the Secretary, including but not limited to lease or easement: Provided, That if the interest conveyed is a lease or easement, the State of Minnesota shall substitute therefore a transfer of all right, title, and interest in the land by June 30, 1987: Provided further, That if the State does not transfer all right, title, and interest in such lands by June 30, 1987, the land described in paragraph 1(E) shall revert to the United States for administration by the Secretary as part of the park; and
(B) enters into a recordable agreement satisfactory to the Secretary which provides that—
(i) the State has established a wildlife management area in the area authorized to be deleted and conveyed to the State by paragraph (1)(E);
(ii) the State has prepared a plan acceptable to the Secretary to manage all the waters of and State lands riparian to Black Bay (including all of the State-owned lands and waters of Rainy Lake) to preserve the natural resources of the area so as to complement to the fullest extent possible the purposes for which the park was established;
(iii) the State shall not transfer any right, title, or interest in, or control over, any land described in paragraph (1)(E) to any person other than the Secretary; and
(iv) the State shall permit access by the Secretary at reasonable times to the land described in paragraph (1)(E).
(3) If at any time the State fails to comply with the material requirements of the agreement referred to in paragraph (2)(B), all right, title, and interest in the land described in paragraph (1)(E) shall revert to the United States for administration by the Secretary as part of the park. Such reversion shall take effect upon the delivery by the Secretary of notice to the State respecting such failure to comply 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 notice. In any such action the court may issue such orders as are appropriate to carry out the requirements of this subsection.
(
Codification
Provisions of section 102 of
Amendments
1983—Subsec. (a).
Subsec. (b).
§160b. Acquisition of lands; lands outside of boundaries; transfer of Federal property within boundaries to administrative jurisdiction of Secretary; consideration by Secretary of offers to sell property within park area
(a) The Secretary may acquire lands or interests therein within the boundaries of the park 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 park boundaries may be exchanged by the Secretary for non-Federal lands within the park boundaries. Any portion of land acquired outside the park 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 [
(b) In exercising his authority to acquire property under this section, the Secretary shall give immediate and careful consideration to any offer made by any individual owning property within the park area to sell such property to the Secretary. 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.
(
References in Text
The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (a), is act June 30, 1949, ch. 288,
§160c. Acquisition of improved property
(a) Owner's reservation of right of use and occupancy for residential purposes for life or fixed term of years; election of term; fair market value
Any owner or owners (hereinafter referred to as "owner") of improved property on the date of its acquisition by the Secretary may, if the Secretary determines that such improved property is not, at the time of its acquisition, required for the proper administration of the park, 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 later. The owner shall elect the term to be retained. 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) Use and occupancy by lessee of lands donated by State of Minnesota within boundaries of park; term of use and occupancy
If the State of Minnesota donates to the United States any lands within the boundaries of the park subject to an outstanding lease on which the lessee began construction of a noncommercial or recreational residential dwelling prior to January 1, 1969, the Secretary may grant to such lessee a right of use and occupancy for such period of time as the Secretary, in his discretion, shall determine: Provided, That no such right of use and occupancy shall be granted, extended, or continue after ten years from the date of the establishment of the park.
(c) Termination of use and occupancy; tender by Secretary of fair market value of unexpired right
Any right of use and occupancy retained or granted 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 this subchapter or upon his determination that the property is required for the proper administration of the park. The Secretary shall tender to the holder of the right so terminated an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination.
(d) "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, 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, together with any structures accessory to the dwelling which are situated on the land so designated.
(
§160d. Concession contracts with former owners of commercial, recreational, resort, or similar properties within park boundaries
Notwithstanding any other provision of law, the Secretary is authorized to negotiate and enter into concession contracts with former owners of commercial, recreational, resort, or similar properties located within the park boundaries for the provision of such services at their former location as he may deem necessary for the accommodation of visitors.
(
§160e. Payment of value differential by Secretary to owner of commercial timberlands exchanging lands for State lands outside of park; determination of value; prerequisites
The Secretary is authorized to pay a differential in value, as hereinafter set forth, to any owner of commercial timberlands within the park with whom the State of Minnesota has negotiated, for the purpose of conveyance to the United States, an exchange of lands for State lands outside the park. Payment hereunder may be made when an exchange is based upon valuations for timber purposes only, and shall be the difference between the value of such lands for timber purposes, as agreeable to the State, the Secretary, and any owner, and the higher value, if any, of such lands for recreational purposes not attributable to establishment or authorization of the park: Provided, That any payment shall be made only at such time as fee title of lands so acquired within the boundaries is conveyed to the United States.
(
§160f. Administration
(a) Authority of Secretary
Except as hereinafter provided, the Secretary shall administer the lands acquired for the park, and after establishment shall administer the park, in accordance with the provisions of
(b) Preservation of area as a wilderness; study and report to President; procedure for designation as a wilderness
Within four years from the date of establishment, the Secretary of the Interior shall review the area within the Voyageurs National Park and shall report to the President, in accordance with subsections (c) and (d) of
(c) Mining and mineral activities and commercial water power development within park boundaries
All mining and mineral activities and commercial water power development within the boundaries of the park shall be prohibited, and further, any conveyance from the State of Minnesota shall contain a covenant that the State of Minnesota, its licensees, permittees, lessees, assigns, or successors in interest shall not engage in or permit any mining activity nor water power development.
(
Amendments
1983—Subsec. (b).
§160g. Designation by Secretary of recreational fishing zones; consultation with appropriate State agency; continuation of seining of fish to secure eggs for propagation
(a) The Secretary shall permit recreational fishing on lands and waters under his jurisdiction within the boundaries of the park in accordance with applicable laws of the United States and of the State of Minnesota, except that the Secretary may designate zones where and establish periods when no 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 agency of the State of Minnesota.
(b) The seining of fish at Shoepac Lake by the State of Minnesota to secure eggs for propagation purposes shall be continued in accordance with plans mutually acceptable to the State and the Secretary.
(
§160h. Programs for development of area for recreational sports activities
The Secretary may, when planning for development of the park, include appropriate provisions for (1) winter sports, including the use of snowmobiles, (2) use by seaplanes, and (3) recreational use by all types of watercraft, including houseboats, runabouts, canoes, sailboats, fishing boats, and cabin cruisers.
(
§160i. Applicability to treaties, orders, or agreements
Nothing in this subchapter shall be construed to affect the provisions of any treaty now or hereafter in force between the United States and Great Britain relating to Canada or between the United States and Canada, or of any order or agreement made or entered into pursuant to any such treaty, which by its terms would be applicable to the lands and waters which may be acquired by the Secretary hereunder, including, without limitation on the generality of the foregoing, the Convention Between the United States and Canada on Emergency Regulation of Level of Rainy Lake and of Other Boundary Waters in the Rainy Lake Watershed, signed September 15, 1938, and any order issued pursuant thereto.
(
§160j. Roads accessible to public facilities
The Secretary is authorized to make provision for such roads within the park as are, or will be, necessary to assure access from present and future State roads to public facilities within the park.
(
§160k. Funding and other requirements
(a) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter, not to exceed, however, $38,314,000 for the acquisition of property, and not to exceed $19,179,000 (June 1969 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.
(b) Comprehensive plan for visitor use and overnight visitor facilities; development, implementation, etc.; authorization of appropriations
The Secretary shall, in cooperation with other Federal, State, and local governmental entities and private entities experienced in the fields of outdoor recreation and visitor services, develop and implement a comprehensive plan for visitor use and overnight visitor facilities for the park. The plan shall set forth methods of achieving an appropriate level and type of visitation in order that the resources of the park and its environs may be interpreted for, and used and enjoyed by, the public in a manner consistent with the purposes for which the park was established. Such plan may include appropriate informational and educational messages and materials. In the development and implementation of such plan the Secretary may expend funds donated or appropriated for the purposes of this subsection. Effective October 1, 1983, there is authorized to be appropriated for the purposes of this subsection not to exceed $250,000, to remain available until expended.
(c) Existing road access; study and report; authorization of appropriations
The Secretary is directed to study existing road access to the park and to report to Congress on the impact of park-related use of those roads and to report specific recommendations on improvements necessary to insure adequate road access to the park. The Secretary is directed to report, within one year of the date of enactment of the Act which appropriates funds authorized under this subsection, 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. Effective October 1, 1983, there is authorized to be appropriated for the purposes of this subsection not to exceed $75,000.
(d) Statutory ceilings respecting appropriations
For purposes of
(
Amendments
1983—
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
SUBCHAPTER XX—GLACIER NATIONAL PARK
§161. Establishment; boundaries; trespassers; claims and rights under land laws not affected; reclamation projects; indemnity selections of lands
The tract of land in the State of Montana particularly described by metes and bounds as follows, to wit: Commencing at a point on the international boundary between the United States and the Dominion of Canada at the middle of the Flathead River; thence following southerly along and with the middle of the Flathead River to its confluence with the Middle Fork of the Flathead River; thence following the north bank of said Middle Fork of the Flathead River to where it is crossed by the north boundary of the right-of-way of the Great Northern Railroad; thence following the said right-of-way to where it intersects the west boundary of the Blackfeet Indian Reservation; thence northerly along said west boundary to its intersection with the international boundary; thence along said international boundary to the place of beginning, is reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States, and dedicated and set apart as a public park or pleasure ground for the benefit and enjoyment of the people of the United States under the name of "The Glacier National Park." All persons who shall locate or settle upon or occupy the same, or any part thereof, except as hereinafter provided, shall be considered trespassers and removed therefrom. Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States before May 11, 1910, or the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. The United States Reclamation Service may enter upon and utilize for flowage or other purposes any area within said park which may be necessary for the development and maintenance of a Government reclamation project. No lands within the limits of Glacier National Park belonging to or claimed by any railroad or other corporation having or claiming before May 11, 1910, the right of indemnity selection by virtue of any law or contract whatsoever shall be used as a basis for indemnity selection in any State or Territory whatsoever for any loss sustained by reason of the creation of Glacier National Park.
(May 11, 1910, ch. 226, §1,
References in Text
The land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands.
Herein, referred to in text, means act May 11, 1910, ch. 226,
Codification
In sentence beginning "Nothing herein contained", the words "before May 11, 1910" were inserted to give effect to the preceding word "existing", and in the last sentence the words "having or claiming before May 11, 1910" are a translation of the words "now having or claiming" of the original text.
Amendments
1931—Act Jan. 26, 1931, struck out provision that right of way through the valleys of the North and Middle Forks of the Flathead River might be acquired within Glacier National Park for steam or electric railways.
Change of Name
Reclamation Service, established in July 1902, changed to Bureau of Reclamation in June 1923.
Section Referred to in Other Sections
This section is referred to in
§161a. Part of Waterton-Glacier International Peace Park
For the purpose of permanently commemorating the long-existing relationship of peace and good will existing between the people and Governments of Canada and the United States and upon the enactment by the proper authority of the Canadian Government of a similar provision respecting the Waterton Lakes National Park in the Province of Alberta, and upon the proclamation of the President of the United States, who is authorized to issue such a proclamation, the Glacier National Park in the State of Montana shall become a part of an international park to be known as the Waterton-Glacier International Peace Park.
(May 2, 1932, ch. 157, §1,
§161b. Designation for purposes of administration, promotion, development, and support
For purposes of administration, promotion, development, and support by appropriations that part of the said Waterton-Glacier International Peace Park within the territory of the United States shall be designated as the Glacier National Park.
(May 2, 1932, ch. 157, §2,
§161c. Addition of land; establishment of fish hatchery
The Secretary of the Interior is authorized to administer as a part of the Glacier National Park, in the State of Montana, subject to all laws and regulations applicable thereto, the lands, or interests in lands, within the State of Montana, in township 28 north, range 20 west, Montana meridian, which may be acquired by the United States for the establishment by the National Park Service of a fish hatchery for restocking the waters of the said park.
(July 31, 1939, ch. 395,
Section Referred to in Other Sections
This section is referred to in
§161d. Elimination of fish hatchery; transfer of administration of hatchery to Fish and Wildlife Service
The property at Creston, Montana, acquired by the United States for the establishment of a fish hatchery for restocking the waters of Glacier National Park and administered as a part of the park pursuant to
The functions of the National Park Service with regard to the administration of the aforesaid properties for the benefit of the park are transferred to and shall be exercised by the Fish and Wildlife Service for the same purposes: Provided, however, That such fish propagated at the hatchery as may be in excess of the number necessary to restock and maintain an optimum fish population in the waters of the park at all times may be utilized for the restocking of other waters.
(Dec. 13, 1944, ch. 555,
Transfer of Functions
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, §3, eff. June 30, 1940, 5 F.R. 2107,
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,
§161e. Additional lands, buildings, or other real and personal property
The Secretary of the Interior is authorized to acquire, and the State of Montana is authorized to convey to the United States, without regard to the requirements contained in section 11 of the Act approved February 22, 1889 (
(Mar. 16, 1948, ch. 133,
References in Text
Section 11 of the Act approved February 22, 1889 (
§162. Control; regulations; leases; sale and removal of timber
Glacier National Park shall be under the exclusive control of the Secretary of the Interior. In addition to the powers and duties enumerated in
(May 11, 1910, ch. 226, §2,
Cross References
Secretary of the Interior to make and publish rules and regulations for management and care of Glacier National Park and property therein, see
Summer homes or cottages not to be built in Glacier National Park after January 26, 1931, see
§162a. Summer homes and cottages
After January 26, 1931, no permit, license, lease, or other authorization for the use of land within the Glacier National Park, Montana, for the erection and maintenance of summer homes or cottages shall be granted or made: Provided, however, That the Secretary of the Interior may, in his discretion, renew any permit, license, lease, or other authorization for such purpose granted or made prior to January 26, 1931.
(Jan. 26, 1931, ch. 47, §3,
§163. Jurisdiction by the United States; fugitives from justice
Sole and exclusive jurisdiction is assumed by the United States over the territory embraced within the Glacier National Park, saving, however, to the State of Montana the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecution for or on account of rights acquired, obligations incurred, or crimes committed in said State but outside of said park, and saving, further, to the said State the right to tax persons and corporations, their franchises and property, on the lands included in said park. All the laws applicable to places under the sole and exclusive jurisdiction of the United States shall have force and effect in said park. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Montana.
(Aug. 22, 1914, ch. 264, §1,
Codification
A provision accepting the act of the Montana Legislature which ceded to the United States Exclusive Jurisdiction over the Territory referred to in this section has been omitted as executed.
Section Referred to in Other Sections
This section is referred to in
§164. Eliminating private holdings of lands; timber or public lands of equal value in exchange
The Secretary of the Interior, for the purpose of eliminating private holdings within the Glacier National Park and the preservation intact of the natural forest along the roads in the scenic portions of the park, both on patented and park lands, is empowered, in his discretion: (1) To obtain for the United States the complete title to any or all of the lands held in private or State ownership within the boundaries of said park within townships 32 and 33 north, ranges 18 and 19 west of Montana principal meridian, by the exchange of dead, decadent, or matured timber of approximately equal values that can be removed from any part of the park without injuriously affecting the scenic beauty thereof; or, upon the approval of the Secretary of Agriculture, the timber to be selected or exchanged may be taken from the Government lands within the metes and bounds of the national forests within the State of Montana, or, (2) to obtain for the United States the complete title to any or all of the lands held in private ownership within the boundaries of said park 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 land of equal value situate in the State of Montana, 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.
(Mar. 3, 1917, ch. 164, §1,
Codification
Section is based on section 1 of act Mar. 3, 1917, and section 1 of act Feb. 23, 1923; subdivision (1) being from the former and subdivision (2) being from the latter act. Of the language preceding subdivision (1), that portion from the beginning of the section to the word "and" was common to both of the sections aforesaid, while the remaining portion was derived from section 1 of act Mar. 3, 1917.
Section Referred to in Other Sections
This section is referred to in
§165. Value of lands sought to be exchanged
For purposes of subdivision (2) of
(Feb. 28, 1923, ch. 144, §2,
§166. Exchange of timber for private holdings; valuations
For purposes of subdivision (1) of
(Mar. 3, 1917, ch. 164, §2,
§167. Removal of timber
All timber on Government lands in the park must be cut and removed under regulations to be prescribed by the Secretary of the Interior, and any damage which may result to the roads or any part of the park or the national forests in consequence of the cutting and removal of the timber therefrom shall be borne by the owners of the patented lands, and bonds satisfactory to the Secretary of the Interior and the Secretary of Agriculture, jointly, must be given for the payment of such damages, if any, as shall be determined by the Secretary of the Interior so far as the same relates to lands within a national park and by the Secretary of Agriculture where the same relates to lands in the national forests. The Secretary of Agriculture and the Secretary of the Interior shall jointly report to Congress in detail the factors upon which valuations were made.
(Mar. 3, 1917, ch. 164, §3,
§167a. Exchange of lands and other property
(a) The Secretary of the Interior is authorized to accept title to any non-Federal lands, interests in lands, buildings, or other property, real or personal, within the authorized boundaries of the Glacier National Park, as now or after August 8, 1946, established, when the acquisition by exchange of such property would, in his judgment, be in the best interests of the United States. In exchange for the non-Federal property so to be acquired, the Secretary of the Interior is authorized to convey to the grantors of such property, or to their nominees, any federally owned lands, interests in lands, buildings, or other property, real or personal, within the authorized boundaries of the Glacier National Park, located in the State of Montana and administered by the National Park Service, which are of approximately equal value, as determined by the Secretary, to the property being acquired. In order to facilitate the making of such exchanges, the Secretary of the Interior may enter into agreements for the reservation in conveyances to the United States, or for the grant in conveyances from the United States, of such estates for years, life estates, or other interests as may be consistent, in his judgment, with the accomplishment of the purposes of this section, but all such limitations shall be considered in determining the equality of the interests to be exchanged.
(b) Any property acquired pursuant to this section shall, upon acceptance of title thereto, become a part of the Glacier National Park, and shall be subject to all laws applicable to such area. The Secretary of the Interior is authorized to issue such regulations as he deems necessary for carrying out the purposes of this section.
(Aug. 8, 1946, ch. 915, §§1, 2,
Codification
Subsecs. (a) and (b) of this section constitute sections 1 and 2, respectively, of act Aug. 8, 1946.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§168. Repealed. May 24, 1949, ch. 139, §142, 63 Stat. 109
Section, act Aug. 22, 1914, ch. 264, §2,
§169. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section, act Aug. 22, 1914, ch. 264, §3,
§170. Hunting and fishing; regulations; punishment
All hunting or the killing, wounding, or capturing at any time of any bird or wild animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. The Secretary of the Interior shall make and publish such rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits other than those legally located prior to May 11, 1910, natural curiosities, or wonderful objects within said park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the park. He shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession within said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this act. Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of this Act and who receives for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the other provisions of this Act, or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park or for the protection of the property therein, for the preservation from injury or spoliation of timber, mineral deposits, other than those legally located prior to May 11, 1910, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits other than those legally located prior to May 11, 1910, natural curiosities, or other matter or thing growing or being thereon, or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500, or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings.
(Aug. 22, 1914, ch. 264, §4,
References in Text
This Act, referred to in text, is act Aug. 22, 1914, which is classified to
Section Referred to in Other Sections
This section is referred to in
§171. Forfeitures and seizures of guns, traps, teams, etc.
All guns, traps, teams, horses, or means of transportation of every nature or description, used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or wild animals shall be forfeited to the United States and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided under this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.
(Aug. 22, 1914, ch. 264, §5,
References in Text
This Act, referred to in text, is act Aug. 22, 1914, which is classified to
Section Referred to in Other Sections
This section is referred to in
§§172 to 177. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 172, acts Aug. 22, 1914, ch. 264, §6,
Section 173, act Aug. 22, 1914, ch. 264, §7,
Section 174, act Aug. 22, 1914, ch. 264, §8,
Section 175, acts Aug. 22, 1914, ch. 264, §9,
Section 176, act Aug. 22, 1914, ch. 264, §11,
Section 177, act Aug. 22, 1914, ch. 264, §10,
§178. Hotel regulations
Any hotel erected on the land sold and conveyed to the Glacier Park Hotel Company under authority of the Act of March 2, 1917,
(Mar. 2, 1917, ch. 147,
Codification
Section is from a proviso at the end of act Mar. 2, 1917. The preceding part of the act authorized the Secretary of the Interior to sell certain described lands to the hotel company mentioned herein and was omitted as temporary and executed.
§179. Donations of buildings and other property
The Secretary of the Interior is authorized, in his discretion, to accept buildings, moneys, or other property which may be useful in the betterment of the administration and affairs of the Glacier National Park under his supervision, and which may be donated for park purposes. He may accept patented lands or rights-of-way over patented lands in the Glacier National Park that may be donated for park purposes.
(July 1, 1916, ch. 209, §1,
Codification
The first sentence of this section is from section 1 of act June 12, 1917, and the last sentence from section 1 of act July 1, 1916.
Cross References
Donations of moneys and lands within national parks and monuments, acceptance by Secretary of the Interior for park and monument system, see
§180. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1028
Section, act Mar. 4, 1911, ch. 285, §1,
§181. Blackfeet Highway and connections; concurrent police jurisdiction
The provisions of the act of the Legislature of the State of Montana, approved February 27, 1929, granting to the United States concurrent police jurisdiction over and within all the territory which is now or may hereafter be included in the rights-of-way of the Blackfeet Highway, including the highway itself throughout its length between Glacier Park Station and the Canadian boundary line, and including also the rights-of-way of the highways on the Blackfeet Indian Reservation connecting the Blackfeet Highway with the Glacier National Park road system, including the highways themselves, are accepted, and the laws and regulations of the United States relating to and while in force within the Glacier National Park, so far as applicable, are extended over and within the territory of said rights-of-way and highways.
(May 2, 1932, ch. 155, §1,
Section Referred to in Other Sections
This section is referred to in
§181a. Administrative control of Blackfeet Highway and connections; jurisdiction of Secretary of the Interior
The Secretary of the Interior shall notify, in writing, the Governor of the State of Montana of the passage and approval of this section and
(May 2, 1932, ch. 155, §2,
§181b. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section, act May 2, 1932, ch. 155, §3,
SUBCHAPTER XXI—ROCKY MOUNTAIN NATIONAL PARK
§191. Establishment; boundaries; reclamation project
The tract of land in the State of Colorado particularly described by and included within metes and bounds as follows, to wit: Beginning at the southeast corner of section 34, township 3 north, range 73 west of the sixth principal meridian, Colorado, thence north along the section lines to the northeast corner of section 3, said township; thence west to the northwest corner of said section; thence north along the section lines to the northeast corner of section 16, township 4 north, range 73 west; thence west to the northwest corner of said section; thence north to the northeast corner of section 8, said township; thence west along the section lines to the northwest corner of section 7, said township; thence north to the northeast corner of township 4 north, range 74 west; thence west along the first correction line north, to the southeast corner of section 36, township 5 north, range 74 west; thence north along the range line to the northeast corner of the southeast quarter of the southeast quarter of section 13, said township; thence west to the northwest corner of the southeast quarter of the southeast quarter of section 14, said township; thence north to the northwest corner of the northeast quarter of the southeast quarter of section 11, said township; thence east to the northeast corner of the northeast quarter of the southeast quarter of section 12, said township; thence south along the range line to the southeast corner of said section; thence east along the section lines to the southeast corner of the southwest quarter of section 10, township 5 north, range 73 west; thence north to the northeast corner of the southwest quarter of said section; thence east to the southeast corner of the northeast quarter of said section; thence north to the northeast corner of said section; thence east to the southeast corner of the southwest quarter of the southwest quarter of section 2, said township; thence north to the northeast corner of the southwest quarter of the southwest quarter of said section; thence east to the southeast corner of the northeast quarter of the southwest quarter, said section; thence north to the northeast corner of the northeast quarter of the southwest quarter of said section; thence east to the southeast corner of the northeast quarter of section 1, said township; thence north along the range line to the northeast corner of section 36, township 7 north, range 73 west; thence west along the section lines to the intersection with the west bank of the Big South Cache la Poudre River in township 7 north, range 75 west; thence southeasterly along the west bank of said river to the mouth of a tributary of said river, probably in section 1, township 6 north, range 75 west; said tributary heading at La Poudre Pass in section 20, township 6 north, range 75 west; thence southwesterly along the west bank of said tributary to its head; thence across the Continental Divide to the headwaters of the North Fork of the Grand River, which also heads at La Poudre Pass; thence down the west bank of the North Fork of the Grand River to its intersection with the section line between sections 29 and 30, township 6 north, range 75 west; thence south along the section lines to the southeast corner of section 18, township 5 north, range 75 west; thence west along the section line to its intersection with the west bank of the North Fork of the Grand River; thence down the west bank of the North Fork of the Grand River to its intersection with the section line between sections 25 and 36, township 4 north, range 76 west; thence east to the northeast corner of section 36, said township; thence south along the range line to the southeast corner of said township; thence east along the township line to the northeast corner of the northwest quarter of section 4, township 3 north, range 75 west; thence south to the southwest corner of the northeast quarter of section 9, said township; thence west along the quarter section line to its intersection with a creek in section 7, said township, this creek being an outlet of Grand Lake, and flowing into the North Fork of the Grand River; thence southerly along the said creek to its junction with the North Fork of the Grand River; thence southerly along the west bank of the North Fork of the Grand River to its intersection with the township line between townships 2 and 3 north; thence east along the township line to the southeast corner of section 34, township 3 north, range 73 west of the sixth principal meridian, Colorado, the place of beginning, is reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States, and is dedicated and set apart as a public park for the benefit and enjoyment of the people of the United States, under the name of the Rocky Mountain National Park. The United States Reclamation service may enter upon and utilize for flowage or other purposes any area within said park which may be necessary for the development and maintenance of a Government reclamation project.
(Jan. 26, 1915, ch. 19, §1,
Codification
A statement in this section as originally enacted that the tract described was then a part of certain counties in Colorado has been omitted as historically obsolete.
Cross References
Boundaries of Rocky Mountain National Park enlarged, revised, and excluded lands transferred, see
Section Referred to in Other Sections
This section is referred to in
§192. Boundaries enlarged
The eastern boundary line of the Rocky Mountain National Park between the section corner common to sections 2 and 3, township 3 north, and sections 34 and 35, township 4 north, range 73 west, and the township corner common to townships 5 and 6 north, ranges 72 and 73 west, is changed so as to read as follows:
Beginning at a point on the present eastern boundary line of the Rocky Mountain National Park, Colorado, which is the northwest corner of section 2 and the northeast corner of section 3, township 3 north, range 73 west of the sixth principal meridian, Colorado, running thence east along the township line to its intersection with the main hydrographic divide east of Cow Creek, between section 31, township 4 north, and section 6, township 3 north, range 72 west; thence northwesterly following along said hydrographic divide, passing over Twin Sisters, the Crags, passing west of Lily Lake, and continuing along said hydrographic divide, now between Aspen Brook and Fish Creek and passing over Lily Mountain and Giant-track Mountain to a point which is the southeast corner of section 34 and the southwest corner of section 35, township 5 north, range 73 west; thence north along the section lines between sections 34 and 35, 26 and 27, 22 and 23, 14 and 15, to the quarter corner common to sections 14 and 15, all in township 5 north, range 73 west; thence east along quarter-section line, through sections 14 and 13, township 5 north, range 73 west and along the continuation of said quarter-section line through section 18 to the quarter corner common to sections 18 and 17, township 5 north, range 72 west; thence north along the section line between sections 18 and 17, 7 and 8, 5 and 6, all in township 5 north, range 72 west, to that point which is the northeast corner of section 6 and the northwest corner of section 5 in said township and range; thence west along the township line to the township corner common to townships 5 and 6 north, ranges 72 and 73 west, which is on the present eastern boundary line of the Rocky Mountain National Park, Colorado.
And the lands lying between the eastern boundary existing on February 14, 1917, and the eastern boundary as changed by this section between said section corner common to sections 2 and 3, township 3 north, and sections 34 and 35, township 4 north, range 73 west, and said township corner common to townships 5 and 6 north, ranges 72 and 73 west, are reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States, and are made a part of and included in the Rocky Mountain National Park, and all the provisions of
(Feb. 14, 1917, ch. 61,
§192a. Boundaries revised; excluded lands transferred
Portions of the north and east boundary of the Rocky Mountain National Park are revised as follows:
North boundary, beginning at the northwest corner of the northeast quarter of the northeast quarter of section 33, township 7 north, range 74 west, being a point on the present north boundary line of the Rocky Mountain National Park; thence southerly to the southwest corner of the northeast quarter of the northeast quarter of said section; thence westerly to the southeast corner of the northwest quarter of the northwest quarter of said section; thence northerly to the northeast corner of the northwest quarter of the northwest quarter of said section, being a point on the present north boundary line of the Rocky Mountain National Park and the end of the above-described change of said boundary; and
East boundary, beginning at the northeast corner of section 3, township 3 north, range 73 west of the sixth principal meridian, Colorado, being a point on the present east boundary line of Rocky Mountain National Park; thence westerly along the township line to the northwest corner of said section; thence northerly along section line to the southwest corner of the northwest quarter of section 34, township 4 north, range 73 west; thence easterly to the southeast corner of the southwest quarter of the northwest quarter of said section; thence northerly to the northeast corner of the northwest quarter of the northwest quarter of said section; thence westerly to the northwest corner of said section; thence northerly along section lines to the southwest corner of the northwest quarter of the southwest quarter of section 22, said township; thence easterly to the southeast corner of the northeast quarter of the southwest quarter of said section; thence northerly to the southwest corner of the northwest quarter of the northeast quarter of said section; thence easterly to the southeast corner of the northeast quarter of the northeast quarter of said section; thence northerly along section lines to the northeast corner of the southeast quarter of the southeast quarter of section 15, said township; thence westerly to the northwest corner of the southwest quarter of the southeast quarter of said section; thence northerly passing through the northeast corner of the northwest quarter of said section, to the northeast corner of the southeast quarter of the southwest quarter of section 10, said township; thence westerly to the northwest corner of the southeast quarter of the southwest quarter of said section; thence northerly to the northeast corner of the northwest quarter of the southwest quarter of said section; thence westerly, passing through the northwest corner of the southwest quarter of said section, to the northwest corner of the northeast quarter of the southwest quarter of section 9, said township; thence southerly to the northeast corner of the southwest quarter of the southwest quarter of said section; thence westerly to the northwest corner of the southwest quarter of the southwest quarter of said section; thence northerly along section lines to the northeast corner of the southeast quarter of the southeast quarter of section 5, said township; thence westerly to the northwest corner of the southeast quarter of the southeast quarter of said section; thence southerly to the southwest corner of the southeast quarter of the southeast quarter of said section; thence westerly along section line to the southeast corner of the southwest quarter of said section; thence northerly to the northeast corner of the southwest quarter of said section; thence westerly to the northwest corner of the southwest quarter of said section; thence northerly along section line to the northeast corner of section 6, said township; thence easterly along the first correction line north to the southeast corner of the southwest quarter of section 32, township 5 north, range 73 west; thence northerly to the northeast corner of the northwest quarter of said section; thence westerly along section line to the northwest corner of said section; thence northerly along section lines to the southwest corner of the northwest quarter of the southwest quarter of section 20, said township; thence easterly to the northwest corner of the southeast quarter of the southeast quarter of said section; thence southerly, passing through the southwest corner of the southeast quarter of the southeast quarter of said section, to the southwest corner of the northeast quarter of the northeast quarter of section 29, said township; thence easterly to the southeast corner of the northeast quarter of the northeast quarter of said section; thence southerly to the southwest corner of the northwest quarter of section 28, said township; thence easterly to the southeast corner of the southwest quarter of the northwest quarter of said section; thence northerly to the northeast corner of the southwest quarter of the northwest quarter of said section; thence easterly, passing through the southeast corner of the northeast quarter of the northeast quarter of said section, to the southeast corner of the northeast quarter of the northeast quarter of section 27, said township; thence northerly along section line to the northeast corner of said section; thence westerly along section line to the southeast corner of the southwest quarter of the southwest quarter of section 22, said township; thence northerly to the northeast corner of the northwest quarter of the northwest quarter of said section; thence westerly along section lines to the southeast corner of the southwest quarter of section 16, said township; thence northerly to the northeast corner of the southeast quarter of the southwest quarter of said section; thence westerly to the northwest corner of the southwest quarter of the southwest quarter of said section; thence northerly along section line to the center line of the north branch of Fall River; thence northwesterly along the center line of the north branch of Fall River to the west line of the east half of the east half of section 17, said township; thence southerly to the northeast corner of the southwest quarter of the southeast quarter of said section; thence westerly to the northwest corner of the southwest quarter of the southeast quarter of said section; thence southerly to the southwest corner of the southeast quarter of said section; thence westerly along section line to the southeast corner of section 18, said township; thence northerly along section line to the northeast corner of said section; thence easterly along section line to the northwest corner of section 16, said township; thence southerly along section line to the southwest corner of the northwest quarter of the northwest quarter of said section; thence easterly to the northwest corner of the southwest quarter of the northeast quarter of said section; thence southerly to the southwest corner of the northeast quarter of said section; thence easterly, passing through the southeast corner of the northeast quarter of said section, to the northwest corner of the northeast quarter of the southwest quarter of section 15, said township; thence southerly to the southwest corner of the northeast quarter of the southwest quarter of said section; thence easterly to the southeast corner of the northeast quarter of the southwest quarter of said section; thence northerly to the southwest corner of the northeast quarter of said section; thence easterly on midsection lines to the southeast corner of the northwest quarter of section 18, township 5 north, range 72 west; thence northerly to the southwest corner of the northwest quarter of the northeast quarter of said section; thence easterly to the southeast corner of the northeast quarter of the northeast quarter of said section; thence northerly along section lines to the northeast corner of section 7, said township; thence westerly along section line to the southeast corner of the southwest quarter of section 6, said township; thence northerly to the northeast corner of the southeast quarter of the southwest quarter of said section; thence westerly to the northwest corner of the southwest quarter of the southwest quarter of said section; thence northerly to the northwest corner of said section, being a point on the present east boundary line of Rocky Mountain National Park and the end of the change of said boundary: Provided, however, That the following lands shall remain and be a part of the Rocky Mountain National Park: The northwest quarter of the northeast quarter and the east half of the northeast quarter of the northwest quarter of section 34, township 5 north, range 73 west; all of that portion of the following described lands located in township 4 north, range 73 west, lying west of the hydrographic divide that forms the eastern boundary of the watershed of Cow Creek and of Aspen Brook; the east half of the northeast quarter of section 35; the east half of the southeast quarter and the southeast quarter of the northeast quarter of section 26; section 24; section 25; the east half of section 23: Provided further, That those portions of the following-described lands that are hereby excluded from the Rocky Mountain National Park, are transferred to and made a part of the Colorado National Forest, subject to all laws and regulations applicable to National Forests; the northwest quarter of the northeast quarter and northeast quarter of the northwest quarter, section 33, township 7 north, range 74 west; section 6, township 5 north, range 72 west; the southeast quarter of the southeast quarter of section 34, township 5 north, range 73 west; sections 3, 10, and 15, township 4 north, range 73 west.
(June 9, 1926, ch. 515, §1,
§192b. Addition of lands
The President of the United States is authorized, upon the recommendation of the Secretary of the Interior, and with respect to lands located in a national forest upon the joint recommendation of the Secretaries of the Interior and of Agriculture, to add to the Rocky Mountain National Park, in the State of Colorado, by Executive proclamation any or all of the following-described lands, to wit:
Sections 5 and 6, township 3 north, range 75 west.
All of section 3 except the northeast quarter northeast quarter; all of section 4; north half, north half southeast quarter, southwest quarter southeast quarter section 5; north half, northwest quarter southwest quarter section 9; north half, northeast quarter southwest quarter, southeast quarter section 10; northeast quarter, north half southeast quarter section 15, in township 4 north, range 73 west.
North half, southwest quarter, northwest quarter southeast quarter section 17; south half southwest quarter, southwest quarter southeast quarter section 20; south half northeast quarter, southeast quarter northwest quarter, south half section 28; all of section 29 except northeast quarter northeast quarter; east half section 32; all of section 33; southwest quarter northeast quarter, northwest quarter northwest quarter, south half northwest quarter, southwest quarter, west half southeast quarter, southeast quarter southeast quarter section 34, in township 5 north, range 73 west.
All of sections 6, 7, and 18; that portion of section 19 lying outside of park boundary, in township 5 north, range 75 west.
All of sections 1, 2, 11, 12, 13, 14, 23, and 24; those portions of sections 3 and 10 lying east of the Continental Divide; that portion of section 15 lying east of the Continental Divide and on the eastern slope of Mount Nimbus; and that portion of section 22 lying on the eastern slope of Baker Mountain, in township 5 north, range 76 west.
All of sections 19, 30, and 31; that portion of section 20 lying outside of the park boundary and south of the boundary line between Larimer and Grand Counties; that part of sections 17 and 18 lying south of the boundary line between Larimer and Grand Counties and the Continental Divide and that part of section 29 lying outside the park boundary, in township 6 north, range 75 west.
All of sections 25, 26, 35, and 36; those portions of sections 13, 22, 23, 24, 27, and 34 lying east of the Continental Divide, in township 6 north, range 76 west; and all the lands added to said park pursuant hereto are made subject to all laws, rules, and regulations applicable to and in force in the Rocky Mountain National Park.
(June 21, 1930, ch. 561, §1,
Proc. No. 3144. Enlarging Rocky Mountain National Park
Proc. No. 3144, June 27, 1956, 21 F.R. 4783, provided:
NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, do proclaim that the lands hereinafter described are hereby added to the Rocky Mountain National Park, in the State of Colorado, and shall, upon acquisition of title thereto by the United States, become subject to the provisions of the act entitled "An Act to establish a National Park Service, and for other purposes," approved August 25, 1916,
Sixth Principal Meridian
T. 5 N., R. 73 W.,
Sec. 33, S½NE¼, SE¼SE¼, and N½SE¼;
Sec. 34, N½SW¼NE¼, N½SE¼NW¼, SW¼NW¼, and NW¼SW¼.
Proc. No. 3374. Enlarging Rocky Mountain National Park
Proc. No. 3374, Sept. 23, 1960, 25 F.R. 9284, provided:
NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, under and by virtue of the authority vested in me by the said act of June 21, 1930 [this section], do proclaim that the lands hereinafter described shall be, and they are hereby, added to and reserved as a part of the Rocky Mountain National Park, in the State of Colorado; and such lands shall be subject to the provisions of the act entitled "An Act to establish a National Park Service, and for other purposes," approved August 25, 1916,
Sixth Principal Meridian
T. 4 N., R. 73 W., section 9, northwest quarter southwest quarter.
Section Referred to in Other Sections
This section is referred to in
§192b–1. Exchange of lands
Upon submission of satisfactory evidence of title the Secretary of the Interior is authorized, in his discretion, to accept title on behalf of the United States to the following described land conveyed to William W. Kiskadden by warranty deed numbered 174403 from Mrs. Arah Chapman, recorded August 24, 1916, in book 339, page 231, records of Larimer County, Colorado: Beginning at the northeast corner of the southwest quarter of section 31, township 5 north, range 73 west, sixth principal meridian, Colorado; thence south four hundred and eighty feet; thence west two hundred feet; thence north 27 degrees 30 minutes west five hundred and forty-one feet; thence east four hundred and fifty feet to the place of beginning, containing approximately three and fifty-eight one-hundredths acres, and in exchange therefor to issue a patent for that portion of the northeast quarter of the southwest quarter and that portion of the southeast quarter of the northwest quarter of section 31, township 5 north, range 73 west, sixth principal meridian, Colorado, more particularly described as follows: Beginning at a point from whence the center quarter-section corner of section 31 bears south 79 degrees no minutes east, three hundred and sixty and nine-tenths feet; thence south four hundred and eighty feet to a point from whence the east quarter corner of section 31 bears north 79 degrees 22 minutes east, two thousand six hundred and seventy-three and six-tenths feet; thence west two hundred feet; thence north 27 degrees 30 minutes west, five hundred and forty-one feet; thence east four hundred and fifty feet to the point of beginning, containing approximately three and five-tenths acres: Provided, That the land conveyed to the United States, other than the land to be patented, shall, upon acceptance of title thereto, become a part of the Rocky Mountain National Park, Colorado, and become subject to all laws and regulations applicable to said park.
(July 14, 1945, ch. 296,
§192b–2. Addition of lands
The following-described lands, comprising approximately one hundred and forty acres, are added to Rocky Mountain National Park and shall be subject to all laws and regulations applicable to said park:
sixth principal meridian
Township 5 north, range 73 west, section 27, southwest quarter northwest quarter, and west half southwest quarter; section 34, west half northeast quarter northwest quarter.
(Aug. 24, 1949, ch. 501, §1,
Section Referred to in Other Sections
This section is referred to in
§192b–3. Acquisition of lands
The Secretary of the Interior is authorized to acquire lands and interests in lands by donation or with donated funds, by purchase with Federal funds, or otherwise, in his discretion, for development of an appropriate eastern approach to the park, described as follows:
sixth principal meridian
Township 5 north, range 73 west; those parts of the following subdivisions lying south of the south boundary of the present Highdrive Road right-of-way: Section 27, east half southwest quarter, and south half southeast quarter; section 34, northeast quarter northeast quarter; section 35, west half northwest quarter northwest quarter; those parts of the following subdivisions lying north and west of the left bank of the Big Thompson River: Section 34, north half southeast quarter northeast quarter; section 35, southwest quarter northwest quarter comprising approximately one hundred and forty-five acres; and a strip of land, not to exceed an average of five hundred feet in width, generally paralleling the Thompson River for approximately one and six-tenths miles from near the center of section 25, township 5 north, range 73 west, to the one hundred and forty-five-acre tract described elsewhere in this section.
(Aug. 24, 1949, ch. 501, §2,
Section Referred to in Other Sections
This section is referred to in
§192b–4. Acquisition of property to connect certain roads and to develop residential, utility, and administrative units
The Secretary of the Interior is authorized to acquire by purchase or otherwise such properties within the exterior boundaries of Rocky Mountain National Park as may be deemed by him to be necessary in connecting the eastern approach road with the existing Bear Lake and Trail Ridge roads, and in developing the present governmental residential, utility, and proposed administrative units.
(Aug. 24, 1949, ch. 501, §4,
Section Referred to in Other Sections
This section is referred to in
§192b–5. Inclusion of acquired lands; rules and regulations
All property acquired pursuant to
(Aug. 24, 1949, ch. 501, §3,
§192b–6. Exchange of lands
The Secretary of the Interior is authorized to exchange in the manner and to the extent hereinafter provided land, interests in land, and improvements in Rocky Mountain National Park:
(1) The Secretary may convey to the Colorado Transportation Company the possessory interest which the United States has in the Fall River Pass Building, but not the land upon which the building is situated, adjacent to the Trail Ridge Road in section 36, township 6 north, range 75 west: Provided, The United States shall reserve for a period of two years the right to use without charge the alpine exhibit room; and he may also convey to said company all right, title, and interest of the United States in and to the property known as Grand Lake Lodge, described in
(2) In exchange for the foregoing, the Secretary is authorized to accept from the Colorado Transportation Company the land and interests therein located in Rocky Mountain National Park, described in
(3) In exchange for the Government property conveyed pursuant to
(
§192b–7. Revision of boundaries
Upon consummation of the exchange the Secretary shall, by publishing notice in the Federal Register, revise the boundary of Rocky Mountain National Park so as to exclude from the park the land described in
(
Section Referred to in Other Sections
This section is referred to in
§192b–8. Description of parcels of land
The aforesaid parcels A, C, and D, and the combined parcels A and B are, subject to minor revisions or corrections of a technical nature, more particularly described as follows:
parcel a
Beginning at the southeast corner of section 31, township 4 north, range 75 west of the sixth principal meridian; thence north 800.0 feet along the east line of said section 31; thence west 1,000.0 feet; thence south 134.06 feet; thence west 329.75 feet; thence south 166.94 feet; thence west 1,078.60 feet; thence south 497.82 feet, more or less, to the south line of said section 31; thence east along the south line of said section 31 to the point of beginning, containing 35 acres more or less.
parcel c
Beginning at a point on the west line of section 32, township 4 north, range 75 west of the sixth principal meridian, 800 feet north of the southwest corner of said section 32; thence east 660.0 feet; thence north 520.0 feet; thence east 660.0 feet; thence north 1,325.94 feet; thence west to the west line of said section 32; thence south along said west line of said section 32 to the point of beginning, containing 48 acres, more or less.
parcel d
Beginning at a point 800.0 feet north and 660.0 feet east of the southwest corner of section 32, township 4 north, range 75 west of the sixth principal meridian; thence east 1,962.18 feet; thence north 520.0 feet; thence west 1,962.18 feet; thence south 520.0 feet to the point of beginning, containing 23.5 acres, more or less.
combined parcels a and b
Beginning at the corner common to sections 31 and 32, township 4 north, range 75 west, and sections 5 and 6, township 3 north, range 75 west, sixth principal meridian; thence south 88 degrees 55 minutes east, 660.0 feet along the south section line of said section 32; thence north 800.0 feet; thence west 660.0 feet, more or less, to a point on the section line common to said sections 31 and 32; thence continuing west 1,000.0 feet; thence south 134.06 feet; thence west 329.75 feet; thence south 166.94 feet; thence west 1,078.6 feet; thence south 497.82 feet, more or less, to a point on the south section line of said section 31; thence south 89 degrees 24 minutes east, 2,389.47 feet along the south section line of said section 31 to the point of beginning; the tract as described containing approximately 47 acres.
(
Section Referred to in Other Sections
This section is referred to in
§192b–9 . Rocky Mountain National Park, Roosevelt National Forest, and the Arapaho National Forest
(a) Revision of boundaries
The boundaries of Rocky Mountain National Park, the Roosevelt National Forest, and the Arapaho National Forest are revised as generally depicted on the map entitled "Boundary Adjustments, Rocky Mountain National Park", numbered 121–80,047, dated October 1, 1979, which shall be on file and available for public inspection in the Office of the Director, National Park Service, Department of the Interior, and the Office of the Chief, Forest Service, Department of Agriculture: Provided, That the area shown on such map as E–5 and known as the Twin Sisters area shall remain a part of the Rocky Mountain National Park. All lands added or transferred by this Act to Rocky Mountain National Park, Roosevelt National Forest, and Arapaho National Forest shall be subject to the laws and regulations applicable to the appropriate National Park or National Forest. Lands within the Indian Peaks Wilderness Area as designated by
(b) Acquisition of lands and interest; functions of Secretary of the Interior and Secretary of Agriculture
The Secretary of the Interior, with respect to lands added or transferred by this Act to Rocky Mountain National Park, and the Secretary of Agriculture, with respect to lands added or transferred by this Act to Roosevelt and Arapaho National Forests, may acquire lands and interests in such lands, by donation, purchase with donated or appropriated funds, or by exchange. The Secretary of Agriculture, under
(c) Transfer of certain areas by the Bureau of Land Management
The Federal lands within the administrative jurisdiction of the Bureau of Land Management and within the areas referred to as E–2 and GL–3 on the map referred to in subsection (a) of this section shall be transferred to Rocky Mountain National Park without transfer of funds.
(d) City of Longmont, Colorado; retention of certain areas for the development of a reservoir
If the city of Longmont, Colorado, notifies the Secretary of the Interior that lands within the area referred to as E–8 on the map referred to in subsection (a) of this section that are owned by such city are necessary for the development of a reservoir, the Secretary shall by publication of a revised boundary description in the Federal Register revise the boundary of Rocky Mountain Park within such area to exclude the lands which are necessary for the development of the reservoir: Provided, That the authority of such Secretary to revise the boundary for this purpose shall expire on November 1, 1981; and the only lands which may be excluded are the approximately one hundred twenty-nine acres owned by such city.
(e) Old McGregor Ranch; retention by owners
If after the completion of two complete fiscal years following December 22, 1980, the Secretary of the Interior has not purchased interests in the lands of approximately one thousand two hundred acres known as the Old McGregor Ranch located within the area referred to as E–2 on the map referred to in subsection (a) of this section, and the owner of such lands petitions the Secretary to exclude such lands from Rocky Mountain National Park, the Secretary shall by publication of a revised boundary description in the Federal Register return the boundary of Rocky Mountain National Park in such area E–2 to the boundary as it existed before December 22, 1980.
(f) City of Grand Lake, Colorado; conveyance of land by the Secretary
The Secretary of the Interior shall convey, to the city of Grand Lake, Colorado, without compensation or consideration, the lands, not to exceed two acres, within the area referred to as GL–5 on the map referred to in subsection (a) of this section.
(g) Use of snowmobiles in certain areas
The Secretary of the Interior may provide for the use of snowmobiles along the East Shore Trail of Shadow Mountain Lake if after study the Secretary determines such use will not result in any significant adverse impact upon wildlife.
(
References in Text
This Act, referred to in subsecs. (a) and (b), is
§192b–10 . Boundary adjustment for Rocky Mountain National Park and Roosevelt National Forest
(a) Acquisition and boundary change
The Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to acquire, by donation, purchase with donated or appropriated funds, or by exchange, lands or interests therein within the area generally depicted as "Proposed Park Additions" on the map entitled "Proposed Park Additions, Rocky Mountain National Park", numbered 121–80, 106–A and dated May, 1989, which map shall be on file and available for public inspection in the Office of the National Park Service, Department of the Interior. Upon acquisition of such lands, the Secretary shall revise the boundary of Rocky Mountain National Park to include such lands within the park boundary and shall administer such lands as part of the park subject to the laws and regulations applicable thereto.
(b) Boundary adjustment for Roosevelt National Forest
Upon acquisition of such lands by the Secretary, the Secretary of Agriculture shall revise the boundary of the Roosevelt National Forest to exclude such lands from the national forest boundary.
(c) Agreement
The Secretary is authorized to enter into an agreement with the owner of the lands identified as Tract 1127 and 1127B4, Section 23, Township 3 North, Range 73, Boulder County, Colorado, within the boundaries of Rocky Mountain National Park, to ensure the right of use as a single family residence, unless said property is being developed or is officially proposed to be developed by the owners in a manner which would substantially change its use.
(
§192c . Vested rights
Nothing contained in this section and
(June 21, 1930, ch. 561, §2,
§193 . Claims and rights under land laws not affected; rights-of-way for irrigation and other purposes
Nothing herein contained shall affect any valid claim, location, or entry under the land laws of the United States, existing on January 26, 1915, whether for homestead, mineral, right-of-way, or any other purpose whatsoever, or shall affect the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. Whenever consistent with the primary purposes of the park,
(Jan. 26, 1915, ch. 19, §2,
References in Text
Herein, referred to in text, means act Jan. 26, 1915, which is classified to
The land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands.
Amendments
1931—Act Jan. 26, 1931, repealed provision which authorized granting of easements or rights of way for steam, electric, or similar transportation upon or across the park.
Section Referred to in Other Sections
This section is referred to in
§194 . Lands held in private, municipal, or State ownership not affected
No lands located within the park boundaries held in private, municipal, or State ownership on January 26, 1915, shall be affected by or subject to the provisions of
(Jan. 26, 1915, ch. 19, §3,
Section Referred to in Other Sections
This section is referred to in
§195 . Control; regulations; leases; sale and removal of timber
Rocky Mountain National Park shall be under the executive control of the Secretary of the Interior. In addition to the powers and duties enumerated in
(Jan. 26, 1915, ch. 19, §4,
Codification
Section, with the exception of the last sentence, was from section 4 of act Jan. 26, 1915.
A provision prohibiting appropriation for the maintenance, supervision, or improvement of the park in excess of $10,000 annually unless expressly authorized by law was repealed by act Mar. 1, 1919.
The last sentence was from section 1 of act June 12, 1917.
Cross References
Secretary of the Interior to make and publish such rules and regulations as he may deem necessary and proper for management and care of Rocky Mountain National Park, see
Section Referred to in Other Sections
This section is referred to in
§196 . Use for Arbuckle Reservoir
The Secretary of the Interior is authorized in his discretion to permit, by license, lease, or other authorization, the use of necessary land in the Rocky Mountain National Park for the maintenance and operation in its present height and capacity, of the Arbuckle Number 2 Reservoir.
(June 9, 1926, ch. 515, §2,
§197 . Applicability of other laws
The provisions of
(June 9, 1926, ch. 515, §3,
References in Text
Hereby, referred to in text, means by act June 9, 1926, which is classified to
The Federal Power Act, referred to in text, was in the original the "Act of June 10, 1920, entitled 'an Act to create a Federal power commission; to provide for the improvement of navigation, the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes' ", and was redesignated the Federal Power Act by
§198 . Exclusive jurisdiction; assumption by United States; saving provisions
The provisions of the act of the Legislature of the State of Colorado, approved February 19, 1929, ceding to the United States exclusive jurisdiction over the territory embraced and included within the Rocky Mountain National Park, are accepted, and sole and exclusive jurisdiction is assumed by the United States over such territory, saving, however, to the State of Colorado the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed outside of said park; and saving further to the said State the right to tax persons and corporations, their franchises and property on the lands included in said tract; and saving also to the persons residing in said park now or hereafter the right to vote at all elections held within the county or counties in which said tracts are situated; and saving to all persons residing within said park upon lands now privately owned within said park access to and from such lands, and all rights and privileges as citizens of the State of Colorado; and saving to the people of Colorado all vested, appropriated, and existing water rights and rights-of-way connected therewith, including all existing irrigation conduits and ditches. All the laws applicable to places under the sole and exclusive jurisdiction of the United States shall have force and effect in said park. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Colorado.
(Mar. 2, 1929, ch. 583, §1,
§§198a, 198b . Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 198a, act Mar. 2, 1929, ch. 583, §2,
Section 198b, act Mar. 2, 1929, ch. 583, §3,
§198c . Prohibited acts; rules and regulations; penalties for offenses
All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said park, nor shall any fish be taken out of the waters of the park in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. That the Secretary of the Interior shall make and publish such general rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, natural curiosities, or wonderful objects within said park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession within said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of this Act and who receives for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park or for the protection of the property therein, for the preservation from injury or spoliation of timber, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, natural curiosities, or other matter or thing growing or being thereon or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings.
(Mar. 2, 1929, ch. 583, §4,
References in Text
This Act, referred to in text, is act Mar. 2, 1929, which is classified to
§198d . Forfeiture of property used in commission of offenses
All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or animals shall be forfeited to the United States, and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.
(Mar. 2, 1929, ch. 583, §5,
References in Text
This Act, referred to in text, is act Mar. 2, 1929, which is classified to
§§198e to 198j . Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 198e, acts Mar. 2, 1929, ch. 583, §6,
Section 198f, act Mar. 2, 1929, ch. 583, §7,
Section 198g, act Mar. 2, 1929, ch. 583, §8,
Section 198h, acts Mar. 2, 1929, ch. 583, §9,
Section 198i, act Mar. 2, 1929, ch. 583, §10,
Section 198j, act Mar. 2, 1929, ch. 583, §11,
SUBCHAPTER XXII—LASSEN VOLCANIC NATIONAL PARK
§201 . Establishment; boundaries; trespassers; entries under land laws; indemnity lands
All those certain tracts, pieces, or parcels of land lying and being situate in the State of California and within the boundaries particularly described as follows, to wit: Beginning at the northeast corner of section 3, township 31, range 6 east, Mount Diablo meridian, California; thence southerly to the southeast corner of said section; thence easterly to the northeast corner of the northwest quarter of section 11, said township; thence southerly to the southeast corner of the southwest quarter of section 14, said township; thence easterly to the northeast corner of the northwest quarter of section 24, said township; thence southerly to the southeast corner of the southwest quarter of section 25, said township; thence westerly to the southwest corner of section 26, said township; thence southerly to the southeast corner of section 34, said township; thence westerly along the sixth standard parallel north, allowing for the proper offsets, to the northeast corner of section 3, township 30 north, range 6 east; thence southerly to the southeast corner of section 27, said township; thence westerly to the southwest corner of the southeast quarter of section 28, said township; thence northerly to the northwest corner of the southeast quarter of said section; thence westerly to the southwest corner of the northwest quarter of said section; thence northerly to the northwest corner of said section; thence westerly to the southwest corner of the southeast quarter of section 20, said township; thence northerly to the northwest corner of the southeast quarter of said section; thence westerly to the range line between ranges 5 and 6 east; thence southerly along said range line to the southeast corner of township 30 north, range 5 east; thence westerly along the township line between townships 29 and 30 north to the southwest corner of section 33, township 30 north, range 5 east; thence northerly to the northwest corner of said section; thence westerly to the southwest corner of the southeast quarter of section 29, said township; thence northerly to the northwest corner of the southeast quarter of said section; thence westerly to the southwest corner of the northwest quarter of said section; thence northerly to the northwest corner of said section; thence westerly to the southwest corner of the southeast quarter of section 20, township 30 north, range 4 east; thence northerly to the northwest corner of the southeast quarter of section 8, said township; thence easterly to the northeast corner of the southwest quarter of section 9, said township; thence northerly to the township line between townships 30 and 31 north; thence easterly along the sixth standard parallel north, allowing for the proper offsets, to the southwest corner of section 33, township 31 north, range 4 east; thence northerly to the northwest corner of section 21, said township; thence easterly to the range line between ranges 4 and 5 east; thence northerly along said range line to the northwest corner of fractional section 18, township 31 north, range 5 east; thence easterly to the southwest corner of section 12, said township; thence northerly to the northwest corner of section 1, said township; thence easterly along the township line between townships 31 and 32 north to the northeast corner of section 3, township 31 north, range 6 east, the place of beginning, are reserved and withdrawn from settlement, occupancy, disposal, or sale, under the laws of the United States, and said tracts are dedicated and set apart as a public park or pleasuring ground for the benefit and enjoyment of the people of the United States under the name and to be known and designated as the Lassen Volcanic National Park; and all persons who shall locate or settle upon or occupy the same, or any part thereof, except as hereinafter provided, shall be considered trespassers and be removed therefrom. Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States before August 9, 1916, or the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. No lands located within the park boundaries held prior to August 9, 1916, in private, municipal, or State ownership shall be affected by or subject to the provisions of this section and
(Aug. 9, 1916, ch. 302, §1,
References in Text
The land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands.
Amendments
1972—
1931—Act Jan. 26, 1931, forbade acquisition of rights of way for steam and electric railways, automobiles or wagon roads within the park.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Acceptance of Certain Land
Act May 21, 1928, ch. 658,
Cross References
Revision of boundaries of Lassen Volcanic National Park, see
Section Referred to in Other Sections
This section is referred to in
§201a . Revision of boundaries
The boundaries of the Lassen Volcanic National Park are changed to read as follows:
Beginning at the southwest corner of the southeast quarter of section 29, township 30 north, range 5 east, Mount Diablo meridian, on the present south boundary line; thence west on the section line between sections 29 and 32 and 30 and 31, township 30 north, range 5 east, and between sections 25 and 36 and 26 and 35 and 27 and 34 and 28 and 33 and 29 and 32 to the southwest corner of section 29, township 30 north, range 4 east; thence north on the section line between sections 29 and 30 and 19 and 20 and 18 and 17 and 7 and 8 and 6 and 5 to the northwest corner of fractional section 5, township 30 north, range 4 east; thence east on the township line to the southwest corner of section 32, township 31 north, range 4 east; thence north on the section line between sections 31 and 32, 29 and 30, and 19 and 20, to the northwest corner of section 20, same township and range; thence west to the southwest corner of section 18, same township and range; thence north on township line to the northwest corner of the southwest quarter of section 7, same township and range; thence east on the quarter section line to the northwest corner of the southwest quarter of section 8, same township and range; thence north to the northwest corner of said section 8; thence east to the northeast corner of said section 8; thence north to the northwest corner of the southwest quarter of section 4, same township and range; thence east on the quarter section line to the point where it intersects Lost Creek; thence following Lost Creek in a southerly direction to a point where it intersects the north line of section 14, township 31 north, range 4 east; thence east on said section line and along the section line between sections 12 and 13, said township and range, to intersection with the present park boundary; and
Beginning at a point on the present north boundary which is the southwest corner of the southeast quarter section 8, township 31 north, range 5 east; thence north to the northwest corner of the southeast quarter, same section, township, and range; thence east on quarter section line to a point on the present park boundary which is the northwest corner of the southwest quarter of section 12, same township and range; and
Beginning at the northeast corner of the northwest quarter of section 24, township 31 north, range 6 east, a point on the present east boundary line; thence east between sections 13 and 24 to the northeast corner of section 24, said township; thence south on the range line three miles to the southeast corner of section 36, said township; thence west on the township line to the northeast corner of section 1, township 30 north, range 6 east; thence south on the range line to the southeast corner of section 25, said township; thence west along the section line to the southwest corner of section 26 on the present south boundary line; thence along the present boundary line and continuing on the section line to the southwest corner of section 28; thence north on the section line to the northwest corner of the southwest quarter of the southwest quarter of said section 28; thence west to the southwest corner of the northeast quarter of the southwest quarter of section 29; thence north to the northwest corner of the southeast quarter of the northwest quarter of said section 29; thence west to the southwest corner of the northeast quarter of the northeast quarter of section 30; thence north to the northwest corner of the northeast quarter of the northeast quarter of said section 30; thence west to the northeast corner of the northeast quarter of the northwest quarter of said section 30; thence south to the southeast corner of the northeast quarter of the northwest quarter of said section 30; thence west to the southeast corner of the northwest quarter of the northwest quarter of said section 30; thence south to the southeast corner of the northwest quarter of the southwest quarter of said section 30; thence west to the southwest corner of the northwest quarter of the southwest quarter of said section 30, township 30 north, range 6 east, which is a point on the present boundary line.
All of those lands lying within the boundary lines above described and the present boundary lines are included in and made a part of the Lassen Volcanic National Park.
(Jan. 19, 1929, ch. 75, §1,
Section Referred to in Other Sections
This section is referred to in
§201b. Sections applicable to lands within revised boundaries
The provisions of
(Jan. 19, 1929, ch. 75, §2,
References in Text
The Federal Power Act, referred to in text, was in the original the "Act of June 10, 1920, entitled 'an Act to create a Federal power commission; to provide for the improvement of navigation, the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes' ", and was redesignated the Federal Power Act by
§202. Control; rules and regulations; fish and game; leases; automobiles; stock grazing
Lassen Volcanic National Park shall be under the exclusive control of the Secretary of the Interior. He shall make such rules and regulations and exercise such powers as are enumerated in
(Aug. 9, 1916, ch. 302, §2,
Codification
A provision for the making of necessary rules and regulations by the Secretary of the Interior has been omitted by reason of the reference to
Cross References
Secretary of the Interior to make and publish such general rules and regulations as he may deem necessary and proper for management and care of the park, see
Summer homes or cottages not to be built in Lassen Volcanic National Park after Jan. 26, 1931, see
Section Referred to in Other Sections
This section is referred to in
§202a. Summer homes and cottages
After January 26, 1931, no permit, license, lease, or other authorization for the use of land within the Lassen Volcanic National Park, California, for the erection and maintenance of summer homes or cottages shall be granted or made: Provided, however, That the Secretary of the Interior may, in his discretion, renew any permit, license, lease, or other authorization for such purpose granted or made prior to January 26, 1931.
(Jan. 26, 1931, ch. 47, §3,
§203. Sale and removal of timber; charges for leases and privileges
The Secretary of the Interior may sell and permit the removal of such matured or dead or down timber as he may deem necessary or advisable for the protection or improvement of the park, and may exact such charges as he deems proper for leases and all other privileges granted under this section and
(Aug. 9, 1916, ch. 302, §§3, 4,
Section Referred to in Other Sections
This section is referred to in
§204. Exclusive jurisdiction ceded to United States by California
Sole and exclusive jurisdiction is assumed by the United States over the territory which is included as of April 26, 1928, or thereafter within the Lassen Volcanic National Park, saving, however, to the State of California the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in said State outside of said park; and saving further to the said State the right to tax persons and corporations, their franchises and property on the lands included in said park, and the right to fix and collect license fees for fishing in said park; and saving also to the persons residing in said park now, or hereafter, the right to vote at all elections held within the county or counties in which said park is situated. All the laws applicable to places under sole and exclusive jurisdiction of the United States shall have force and effect in said park. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of California.
(Apr. 26, 1928, ch. 438, §1,
Codification
A provision accepting the act of the California Legislature which ceded to the United States exclusive jurisdiction over the territory referred to in this section has been omitted as executed.
§§204a, 204b. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 204a, act Apr. 26, 1928, ch. 438, §2,
Section 204b, act Apr. 26, 1928, ch. 438, §3,
§204c. Hunting and fishing; general rules and regulations; protection of property; violation of statutes and rules; penalties
All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous animals, when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said park; nor shall any fish be taken out of any of the waters of the said park in any other way than by hook and line, and then only at such seasons and at such times and in such manner as may be directed by the Secretary of the Interior. The Secretary of the Interior shall make and publish such general rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits other than those legally located prior to August 9, 1916, natural curiosities, or wonderful objects within said park, and for the protection of the animals in the park from capture or destruction, and to prevent their being frightened or driven from the said park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the said park. Possession within said park of the dead bodies or any part thereof of any wild bird or animal shall be prima facie evidence that the person or persons having same are guilty of violating this Act. Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of this Act, and who receives for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the other provisions of this Act, or any rule or regulation that may be promulgated by the Secretary of the Interior, with reference to the management and care of the said park, or for the protection of the property therein for the preservation from injury or spoliation of timber, mineral deposits other than those legally located prior to August 9, 1916, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the said park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guide post, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits other than those legally located prior to August 9, 1916, natural curiosities, or other matter or thing growing or being thereon, or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all the costs of the proceedings.
(Apr. 26, 1928, ch. 438, §4,
References in Text
This Act, referred to in text, is act Apr. 26, 1928, which is classified to
§204d. Forfeiture of property used for unlawful purposes
All guns, traps, teams, horses, or means of transportation of every nature or description, used by any person or persons within the limits of said park when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or animals, shall be forfeited to the United States and may be seized by the officers in said park, and held pending prosecution of any person or persons arrested under the charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.
(Apr. 26, 1928, ch. 438, §5,
References in Text
This Act, referred to in text, is act Apr. 26, 1928, which is classified to
§§204e to 204j. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 204e, acts Apr. 26, 1928, ch. 438, §6,
Section 204f, act Apr. 26, 1928, ch. 438, §7,
Section 204g, act Apr. 26, 1928, ch. 438, §8,
Section 204h, acts Apr. 26, 1928, ch. 438, §9,
Section 204i, act Apr. 26, 1928, ch. 438, §10,
Section 204j, act Apr. 26, 1928, ch. 438, §11,
§204k. Addition of lands
The President of the United States is authorized, upon the joint recommendation of the Secretaries of the Interior and of Agriculture, to add to the Lassen Volcanic National Park, in the State of California, by Executive proclamation, any or all of the lands within sections 3 and 4, township 29 north, range 6 east; and sections 29, 30, 31, 32, 33, 34, 35, and 36, township 30 north, range 6 east, Mount Diablo meridian, not now included within the boundaries of the park: Provided, That no privately owned lands shall be added to the park prior to the vesting in the United States of title thereto.
(July 3, 1930, ch. 834, §1,
Section Referred to in Other Sections
This section is referred to in
§204l. Application of Federal Power Act
The provisions of the Federal Power Act [
(July 3, 1930, ch. 834, §2,
References in Text
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
§204m. Vested rights
Nothing herein contained shall affect any vested and accrued rights of ownership of lands or any valid existing claim, location, or entry existing under the land laws of the United States on July 3, 1930, whether for homestead, mineral, rights-of-way, or any other purposes whatsoever, or any water rights and/or rights-of-way connected therewith, including reservoirs, conduits, and ditches, as may be recognized by local customs, laws, and decisions of courts, or shall affect the right of any such owner, claimant, locator, or entryman to the full use and enjoyment of his land.
(July 3, 1930, ch. 834, §3,
References in Text
Herein, referred to in text, means act July 3, 1930, which is classified to
Section Referred to in Other Sections
This section is referred to in
§205. Additional lands for administrative headquarters site
The lands hereafter described, to wit: The southwest quarter of the northwest quarter, section 25, and the southeast quarter of the northeast quarter, section 26, township 29 north, range 3 east, Mount Diablo meridian, in the State of California, are added to and made a part of the Lassen Volcanic National Park for use as an administrative headquarters site.
(Apr. 26, 1928, ch. 439, §1,
§205a. Sections made applicable to additional lands
The provisions of
(Apr. 26, 1928, ch. 439, §2,
References in Text
The Federal Power Act, referred to in text, was in the original the "Act of June 10, 1920, entitled 'an Act to create a Federal power commission; to provide for the improvement of navigation, the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes' ", and was redesignated the Federal Power Act by
§206. Exchange of lands within exterior boundaries; removal of timber
When the public interests will be benefited thereby, the Secretary of the Interior is authorized, in his discretion, to accept, on behalf of the United States, title to any land within exterior boundaries of Lassen Volcanic National Park which, in the opinion of the Director of the National Park Service, are chiefly valuable for forest or recreational and national-park purposes, and in exchange therefor may patent not to exceed an equal value of such national-park land within the exterior boundaries of said national park; or the Secretary of the Interior may authorize the grantor to cut and remove an equal value of timber in exchange therefor from certain designated areas within the exterior boundaries of said national park: Provided, That such timber shall be cut and removed from such designated area in a manner that will not injure the national park for recreational purposes and under such forestry regulations as shall be stipulated, the values in each case to be determined by the Secretary of the Interior. Lands conveyed to the United States under this section shall, upon acceptance of title, become a part of Lassen Volcanic National Park.
(Mar. 1, 1929, ch. 445,
§207. Exchange of certain lands; adjustment of boundary
The Secretary of the Interior is authorized to accept on behalf of the United States, for inclusion in the Lassen Volcanic National Park, fee simple title to the tract of land containing ten acres, now adjoining said park, and described as the west half west half northwest quarter northeast quarter section 30, township 30 north, range 6 east, Mount Diablo base and meridian, and in exchange therefor is authorized and empowered to patent to the owner of said land ten acres of land now within said park and described as the southwest quarter northeast quarter northeast quarter section 30, township 30 north, range 6 east, Mount Diablo base and meridian: Provided, That the land acquired by the United States under this section and
(Apr. 19, 1930, ch. 191, §1,
Section Referred to in Other Sections
This section is referred to in
§207a. Application of Federal Power Act to lands acquired under section 207
The provisions of the Federal Power Act [
(Apr. 19, 1930, ch. 191, §2,
References in Text
The Federal Power Act, referred to in text, was in the original the "Act of June 10, 1920, entitled 'an Act to create a Federal power commission; to provide for the improvement of navigation, the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes' ", and was redesignated the Federal Power Act by
Section Referred to in Other Sections
This section is referred to in
§207b. Exchange of lands with California; adjustment of boundary
The Secretary of the Interior is authorized to accept on behalf of the United States title to the northeast quarter northeast quarter section 27, township 30 north, range 5 east, Mount Diablo base and meridian, situate within the exterior boundaries of Lassen Volcanic National Park, from the State of California, and in exchange therefor may patent an area of unreserved, vacant, nonmineral public land of equal value situate in the same State. The land which may be acquired by the United States under this section shall, upon acceptance of title, become a part of Lassen Volcanic National Park.
(May 21, 1928, ch. 658,
§207c. Additional lands from Lassen National Forest; authorization for road
The following described lands of the Lassen National Forest are hereby excluded from the forest and added to the Lassen Volcanic National Park:
Lots 1, 2, and 3, south half northeast quarter, and southeast quarter northwest quarter section 4; west half southeast quarter and those parts of the south half northwest quarter and of the southwest quarter of section 11 lying east of Lost Creek; and section 19, township 31 north, range 4 east, Mount Diablo meridian: Provided, That the aforesaid lands in section 19 are included within the national park subject to the right of the Secretary of Agriculture to construct and maintain a permanent road through such section in order to permit the use, protection, and administration of adjacent national forest lands and the removal of timber from the national forest.
(
SUBCHAPTER XXIII—ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORIC SITE
Change of Name
"Abraham Lincoln Birthplace National Historic Site" was substituted for "Abraham Lincoln National Historical Park" which had originally read "Abraham Lincoln National Park". See
§211. Acceptance of title; terms and conditions; admission fees
The United States of America accepts title to the lands mentioned in the deed of gift or conveyance in possession of the Secretary of War on July 17, 1916, together with all the buildings and appurtenances thereon, especially the log cabin in which Abraham Lincoln was born and the memorial hall inclosing the same, which deed of conveyance was executed on the 11th day of April, 1916, by the Lincoln Farm Association, a corporation, to the United States of America, describing certain lands situated near the town of Hodgenville, county of Larue, State of Kentucky, which lands are more particularly identified and described in said deed or conveyance. The title to such lands, buildings, and appurtenances is accepted upon the terms and conditions stated in said deed or conveyance, namely: That the land therein described, together with the buildings and appurtenances thereon, shall be forever dedicated to the purposes of a national park or reservation, the United States of America agreeing to protect and preserve the said lands, buildings, and appurtenances, and especially the log cabin in which Abraham Lincoln was born and the memorial hall inclosing the same, from spoliation, destruction, and further disintegration, to the end that they may be preserved for all time, so far as may be; and further agreeing that there shall never be any charge or fee made to or asked from the public for admission to the said park or reservation.
(July 17, 1916, ch. 247, §1,
Change of Name
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, c. 343, title II,
Transfer of Functions
Transfer of control of Abraham Lincoln National Park [now Abraham Lincoln Birthplace National Historic Site] to the Office of National Parks, Buildings and Reservations in the Interior Department, see section 2 of Ex. Ord. No. 6166, June 10, 1933, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§212. Endowment fund; protection and preservation
The United States of America also accepts title to the endowment fund of $50,000 mentioned in the assignment and transfer, in the possession of the Secretary of War, on July 17, 1916, which assignment and transfer was executed on the 11th day of April, 1916, by the Lincoln Farm Association, a corporation, to the United States of America, transferring and turning over all its right, title, and interest in and to said endowment fund, heretofore invested in certain stocks, bonds, and securities held and owned by the Lincoln Farm Association, and more particularly identified and described in said assignment and transfer. The title to said endowment fund is accepted upon the terms and conditions stated in said assignment and transfer, namely, that the United States of America shall forever keep the said tract of land described in said deed, together with the buildings and appurtenances thereunto belonging, dedicated to the purpose of a national park or reservation, and that there shall never be any charge or fee made to or asked from the public for admission to the said park or reservation; and further, shall forever protect, preserve, and maintain said land, buildings, and appurtenances, and especially the log cabin in which Abraham Lincoln was born and the memorial hall inclosing the same, from spoliation, destruction, and further disintegration, to the end that they may be preserved for all time, as far as may be, as a national park or reservation.
(July 17, 1916, ch. 247, §2,
Change of Name
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,
Cross References
Classification as trust funds and disbursement of funds for preservation of birthplace of Abraham Lincoln, see
Section Referred to in Other Sections
This section is referred to in
§213. Execution of instruments necessary to carry out purposes of gift
The President of the United States of America and the Secretary of War are authorized to execute in the name of the United States of America, such instrument or instruments as may be or may become necessary to comply with or carry out the terms and conditions of such gift or gifts and to secure the full benefit therefrom.
(July 17, 1916, ch. 247, §3,
Change of Name
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,
Section Referred to in Other Sections
This section is referred to in
§214. Rules and regulations
Abraham Lincoln Birthplace National Historic Site shall be under the control of the National Park Service and administered under such regulations not inconsistent with law as it may from time to time prescribed.
(July 17, 1916, ch. 247, §4,
Codification
As originally enacted, this section read as follows: "Upon the passage of this Act and the vesting of the title to the property accepted thereunder in the United States, it shall be under the control of the Secretary of War and administered under such regulations not inconsistent with law as he may from time to time prescribe."
Prefixes making the provisions of this section effective, upon the passage of this Act and the vesting of the title to the property accepted, have been omitted as temporary.
Change of Name
Act Aug. 11, 1939, substituted "Abraham Lincoln National Historical Park" for "Abraham Lincoln National Park".
Transfer of Functions
All national parks, national monuments, and national cemeteries consolidated in an office of National Parks, Buildings and Reservations in Department of the Interior, at head of which should be a Director of National Parks, Buildings and Reservations, and cemeteries and parks of War Department transferred to Department of the Interior by Executive Order 6166, §2, as amended by Executive Order 6228, §1, set out in a note under
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,
Section Referred to in Other Sections
This section is referred to in
§215. Improvements and preservation of lands and buildings
For the purpose of protecting from disintegration and of improving, beautifying, and preserving the Abraham Lincoln Birthplace National Historic Site or Reservation established under
(Feb. 11, 1929, ch. 176, §1,
Change of Name
Act Aug. 11, 1939, substituted "Abraham Lincoln National Historical Park" for "Abraham Lincoln National Park".
Transfer of Functions
All national parks, national monuments, and national cemeteries consolidated in an office of National Parks, Buildings and Reservations in Department of the Interior, at head of which should be a Director of National Parks, Buildings and Reservations, and cemeteries and parks of War Department transferred to Department of the Interior by Executive Order No. 6166, as amended by Executive Order No. 6228, set out in a note under
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,
Section Referred to in Other Sections
This section is referred to in
§216. Authorization of appropriation
There is authorized to be appropriated the sum of $100,000, or so much thereof as may be necessary, to carry out the provisions of
(Feb. 11, 1929, ch. 176, §2,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§217. Change in name of Abraham Lincoln National Park
The Abraham Lincoln National Park, in the State of Kentucky, authorized by
(Aug. 11, 1939, ch. 686,
Codification
Portion of act Aug. 11, 1939, relating to Fort McHenry National Monument and Historic Shrine is set out as
§217a. Change in name of Abraham Lincoln National Historical Park
The Abraham Lincoln National Historical Park at Hodgenville, Kentucky, shall on and after September 8, 1959, be known as Abraham Lincoln Birthplace National Historic Site, and any law, regulation, document, or record of the United States in which such historical park is designated or referred to under the name of Abraham Lincoln National Historic Park shall be held to refer to such historical park under and by the name of Abraham Lincoln Birthplace National Historic Site.
(
§218. Addition of land
The approximately six acres of land described in the following recorded deeds to the United States are added to and made a part of the Abraham Lincoln Birthplace National Historic Site in the State of Kentucky:
(a) Deed of conveyance to the United States, dated June 15, 1945, made and entered into by and between J. R. Howell and Mattie Johnson Howell, his wife, and W. L. Ferrill and Minnie Ferrill, his wife, of Hodgenville, Larue County, Kentucky, recorded on June 25, 1946, in deed book numbered 58, page 262, in the records of the county of Larue, Kentucky; and
(b) Quitclaim deed to the United States, made and entered into by and between Carl J. Howell and Dorothy N. Howell, his wife, of Hodgenville, Larue County, Kentucky, recorded on April 18, 1947, in deed book numbered 59, page 435, in the records of the county of Larue, Kentucky.
(May 27, 1949, ch. 149,
Change of Name
SUBCHAPTER XXIV—GRAND CANYON NATIONAL PARK
Subchapter Referred to in Other Sections
This subchapter is referred to in
§221. Establishment; boundaries
There is reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States and dedicated and set apart as a public park for the benefit and enjoyment of the people, under the name of the "Grand Canyon National Park", the tract of land in the State of Arizona particularly described by and included within metes and bounds, as follows, to wit:
Beginning at a point which is the northeast corner of township 30 north, range 1 east, of the Gila and Salt River meridian, Arizona; thence west on township line between townships 30 and 31 north, range 1 east, to section corner common to sections 1 and 2, township 30 north, range 1 east, and 35 and 36 township 31 north, range 1 east; thence north on section lines to the intersection with Tobocobya Spring-Rowe Well Road; thence northwesterly along the southwesterly side of said Tobocobya Spring-Rowe Well Road, passing and in relation to United States Geological Survey bench marks stamped "Canyon" and numbered 6340, 6235, 6372, 6412, 6302, 6144, and 6129, through townships 31 and 32 north, ranges 1 east and 1 and 2 west, to its intersection with the section line between sections 9 and 16 in township 32 north, range 2 west; thence west along the section lines through townships 32 north, ranges 2 and 3 west, to its intersection with upper westerly rim of Cataract Canyon; thence northwesterly along upper rim of Cataract Canyon, crossing Hualapai Canyon and continuing northwesterly along said upper rim to its intersection with range line, township 33 north, between ranges 4 and 5 west; thence north on said range line, townships 33 and 34 north, ranges 4 and 5 west, to north bank of the Colorado River; thence northeasterly along the north bank of the Colorado River to junction with Tapeats Creek; thence easterly along north bank of Tapeats Creek to junction with Spring Creek; thence easterly along the north bank of Spring Creek to its intersection with Gila and Salt River meridian, township 34 north, between ranges 1 east and 1 west and between section 6, township 34 north, range 1 east, and section 1, township 34 north, range 1 west; thence south on range line between ranges 1 east and 1 west to section corner common to sections 7 and 18, township 34 north, range 1 east, and sections 12 and 13, township 34 north, range 1 west; thence east on section lines to section corner common to sections 7, 8, 17, and 18, township 34 north, range 2 east; thence south on section lines to township line between townships 33 and 34 north, range 2 east, at section corner common to sections 31 and 32, township 34 north, range 2 east, and sections 5 and 6, township 33 north, range 2 east; thence east on township line to section corner common to sections 31 and 32, township 34 north, range 3 east, and sections 5 and 6, township 33 north, range 3 east; thence south on section lines to section corner common to sections 17, 18, 19, and 20, township 33 north, range 3 east; thence east on section lines to section corner common to sections 13, 14, 23, and 24, township 33 north, range 3 east; thence north on section lines to section corner common to sections 1, 2, 11, and 12, township 33 north, range 3 east; thence east on section lines to the intersection with upper rim of Grand Canyon; thence northerly along said upper rim of Grand Canyon to main hydrographic divide north of Nankoweap Creek; thence easterly along the said hydrographic divide to its intersection with the Colorado River, approximately at the mouth of Nankoweap Creek; thence easterly across the Colorado River and up the hydrographic divide nearest the junction of Nankoweap Creek and Colorado River to a point on the upper east rim of the Grand Canyon; thence by shortest route to an intersection with range line, townships 33 and 34 north, between ranges 5 and 6 east; thence south on said range line, between ranges 5 and 6 east, to section corner common to sections 18 and 19, township 33 north, range 6 east, and sections 13 and 24, township 33 north, range 5 east; thence east on section lines to section corner common to sections 16, 17, 20, and 21, township 33 north, range 6 east; thence south on section lines to section corner common to sections 8, 9, 16, and 17, township 31 north, range 6 east; thence west on section line to section corner common to sections 7, 8, 17, and 18, township 31 north, range 6 east; thence south on section lines to township line between townships 30 and 31 north at section corner common to sections 31 and 32, township 31 north, range 6 east, and sections 5 and 6, township 30 north, range 6 east; thence west on township line to section corner common to sections 34 and 35, township 31 north, range 5 east, and sections 2 and 3, township 30 north, range 5 east; thence south on section line to section corner common to sections 2, 3, 10, and 11, township 30 north, range 5 east; thence west on section lines to range line, township 30 north, between ranges 4 and 5 east, to section corner common to sections 6 and 7, township 30 north, range 5 east, and 1 and 12, township 30 north, range 4 east; thence south on range line, township 30 north, between ranges 4 and 5 east, to section corner common to sections 7 and 18, township 30 north, range 5 east, and sections 12 and 13, township 30 north, range 4 east; thence west on section line to section corner common to sections 11, 12, 13, and 14, township 30 north, range 4 east; thence south on section line to section corner common to sections 13, 14, 23, and 24, township 30 north, range 4 east; thence west on section lines to section corner common to sections 15, 16, 21, and 22, township 30 north, range 4 east; thence south on section line to section corner common to sections 21, 22, 27, and 28, township 30 north, range 4 east; thence west on section lines to range line, township 30 north, between ranges 3 and 4 east, at section corner common to sections 19 and 30, township 30 north, range 4 east, and sections 24 and 25, township 30 north, range 3 east; thence north on range line to section corner common to sections 18 and 19, township 30 north, range 4 east, and sections 13 and 24, township 30 north, range 3 east; thence west on section lines to section corner common to sections 14, 15, 22, and 23, township 30 north, range 3 east; thence north on section line to section corner common to sections 10, 11, 14, and 15, township 30 north, range 3 east; thence west on section lines to range line at section corner common to sections 7 and 18, township 30 north, range 3 east, and sections 12 and 13, township 30 north, range 2 east; thence north on range line to section corner common to sections 6 and 7, township 30 north, range 3 east, and sections 1 and 12, township 30 north, range 2 east; thence west on section line to section corner common to sections 1, 2, 11, and 12, township 30 north, range 2 east; thence north on section line to township line at section corner common to sections 35 and 36, township 31 north, range 2 east, and sections 1 and 2, township 30 north, range 2 east; thence west on township line to the northeast corner of township 30 north, range 1 east, the place of beginning.
(Feb. 26, 1919, ch. 44, §1,
Short Title
Section 1 of
Cross References
Change of boundary of Grand Canyon National Park, see
Further additions to Grand Canyon National Park, see
Section Referred to in Other Sections
This section is referred to in
§221a. Boundary changed
The boundary of the Grand Canyon National Park is changed so as to read as follows:
Beginning at a point on the present south boundary of Grand Canyon National Park, being the northeast corner of township 30 north, range 1 east, of the Gila and Salt River meridian, Arizona; thence westerly along north line of said township to the northwest corner of section 1, said township; thence northerly along west line of section 36, township 31 north, range 1 east, to a point one-half mile south of the center line of the Supai road survey as mapped and staked by the Bureau of Public Roads during the field season of 1925; thence in a northwesterly direction following a line, which maintains a uniform distance one-half mile south and west of the center line of said road survey, to its intersection with the projected section line between what probably will be when surveyed sections 9 and 16, township 32 north, range 2 west; thence westerly along projected section lines through probable townships 32 north, ranges 2, 3, and 4 west, to its intersection with the upper west rim of Havasu (Cataract) Canyon; thence northwesterly along said upper west rim, crossing Hualapai Canyon to Wescogame Point and continuing northwesterly along said upper rim to Watahomigie Point; thence due north along the top of a ridge a distance of approximately three-fourths of a mile to the point of said ridge, the elevation of which is given as four thousand eight hundred and sixty-five feet; thence northwesterly, crossing Beaver Canyon, to Yumtheska Point and continuing northwesterly, following the lower rim of Yumtheska Point, crossing the projected range line between ranges 4 and 5 west to the divide west of Havasu Creek; thence northerly along said divide to the north bank of the Colorado River; thence northeasterly along said bank to the divide immediately west of Tapeats Creek; thence northeasterly along said divide, including the entire drainage area on the north side of Tapeats Creek, to the point at which this divide touches the ledge of cross-bedded sandstone; generally known as the Coconino sandstone; thence southerly along said sandstone ledge to its junction with the Gila and Salt River meridian; thence southerly along the Gila and Salt River meridian to the northwest corner of what will probably be when surveyed section 18, township 34 north, range 1 east; thence easterly along projected section lines to the northeast corner of what will probably be when surveyed section 14, township 34 north, range 2 east; thence southerly along projected section line to the southeast corner of said section 14; thence easterly along projected section lines, a distance of approximately six miles to a point on the divide between South Canyon and Thompson Canyon; thence southeasterly along said divide, including the entire drainage area of Thompson Canyon and Neal Spring Canyon, to the intersection with the upper rim of the Grand Canyon; thence easterly along the main hydrographic divide north of Nankoweap Creek and Little Nankoweap Canyon to its intersection with the Colorado River, approximately at the mouth of Little Nankoweap Canyon; thence due east across the Colorado River to the east bank of the Colorado River; thence southeasterly along said bank, to the north bank of Little Colorado River; thence easterly along said bank of Little Colorado River to its intersection with what probably will be when surveyed the east line of section 32, township 33 north, range 6 east, or the east line of section 5, township 32 north, range 6 east; thence southerly along projected section lines to the northeast corner of what probably will be when surveyed section 8, township 30 north, range 6 east; thence westerly along projected section lines to the southwest corner of what probably will be when surveyed section 6, township 30 north, range 5 east; thence southerly to the northeast corner of section 13, township 30 north, range 4 east; thence westerly to the northwest corner of said section 13; thence southerly to the southwest corner of said section 13; thence westerly along section lines to a point nine hundred and fifty feet west of the northeast corner of section 22, said township; thence due south a distance of one thousand three hundred and twenty feet to a point on the south line of the north tier of forties of said section 22; thence westerly to the west line of said section 22; thence southerly along said west line, to the southwest corner of said section 22; thence westerly along section lines to the southwest corner of section 19, township 30 north, range 4 east; thence northerly to the northwest corner of said section 19; thence westerly to the southwest corner of section 14, township 30 north, range 3 east; thence northerly to the northwest corner of said section 19; thence westerly to the southwest corner of section 14, township 30 north, range 3 east; thence northerly to the northwest corner of said section 14; thence westerly on section lines to the southwest corner of section 12, township 30 north, range 2 east; thence northerly along section lines to the north line of said township 30 north, range 2 east, thence westerly along said north township line to the place of beginning; and all of those lands lying within the boundary line above described are included in and made a part of the Grand Canyon National Park; and all of those lands excluded from the present Grand Canyon National Park are included in and made a part of the contiguous national forests, subject to all national forest laws and regulations.
(Feb. 25, 1927, ch. 197, §1,
Cross References
Further additions to Grand Canyon National Park, see
§221b. Various laws made applicable to added lands
The provisions of
(Feb. 25, 1927, ch. 197, §2,
References in Text
The Federal Power Act, referred to in text, was in the original the "Act of June 10, 1920, entitled 'an Act to create a Federal power commission; to provide for the improvement of navigation, the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes' ", and was redesignated the Federal Power Act by
§221c. Exchange of lands
The owner of the land described as the northeast quarter of the northwest quarter of section 17, township 30 north, range 4 east, Gila and Salt River meridian, Arizona, containing 40 acres, more or less, and that portion of lot numbered 2 of section 17, township 30 north, range 4 east, Gila and Salt River meridian, Arizona, lying west of the east line of a right-of-way of a proposed road, described as follows: Beginning at a point on the south line of said section 17, eight hundred feet west of the quarter section corner of said section 17; thence north twenty-four degrees forty-five minutes west, five hundred feet; thence north fourteen degrees forty-five minutes west, five hundred feet; thence north thirteen degrees five minutes west, eight hundred and thirty-one feet to the intersection of the west line of the northeast quarter of the southwest quarter of said section 17; thence south one thousand seven hundred and forty-eight feet on the east line of the west half of the southwest quarter of said section 17 to the south line of said section 17; thence east along said south line, five hundred and twenty-three and five-tenths feet to the point of beginning, containing eight and nine-tenths acres, more or less, all within the Grand Canyon National Park, is permitted and authorized to convey the fee simple title to said land to the United States of America, and select in lieu of said land above described the Government land within the area described as follows: Beginning at a point on the south line of section 17, township 30 north, range 4 east, Gila and Salt River meridian, Arizona, approximately eight hundred and seventy feet east of the south quarter section corner of said section 17, which point is south of a point just east of the east bank of a draw on the south rim of the Grand Canyon; thence north approximately five hundred and fifty feet to said point on the south rim of the Grand Canyon; thence northwesterly along the south rim of the Grand Canyon approximately four thousand eight hundred and ten feet to its intersection with the east line of the southeast quarter of the northwest quarter of said section 17; thence south on the north and south center line of said section 17 approximately three thousand seven hundred and seventy-five feet to the south line of said section 17; thence east along said south line of said section 17 approximately eight hundred and seventy feet to the point of beginning, containing twenty-five and eight-tenths acres, more or less, and the Secretary of the Interior is authorized, empowered, and directed to accept a duly executed grant deed from said owner conveying said owner's land above described to the United States of America, and upon acceptance of such grant deed to cause to be issued and delivered to said owner a patent conveying absolutely to said owner the Government land above described: Provided, however, That the lands so conveyed by said owner shall become and be a part of the Grand Canyon National Park and be subject to all laws and regulations relating to said park.
(May 10, 1926, ch. 281, §1,
Section Referred to in Other Sections
This section is referred to in
§221d. Relinquishment of interest in road
Upon the completion of the exchange authorized by
(May 10, 1926, ch. 281, §2,
§221e. Additional lands
The following described area is added to and made a part of the Grand Canyon National Park: Beginning at the corner common to sections 14, 15, 22, and 23, township 30 north, range 4 east, Gila and Salt River meridian; thence west along the section line between sections 15 and 22 a distance of nine hundred and fifty feet; thence south a distance of one thousand three hundred and twenty feet to a point on the south line of the north tier of forties of said section 22; thence east a distance of one thousand six hundred and ten feet; thence north a distance of one thousand three hundred and twenty feet to a point on the line between sections 14 and 23; thence west along said section line a distance of six hundred and sixty feet to the place of beginning, containing an area of forty-eight and seventy-nine hundredths acres, more or less: Provided, That livestock permitted to graze in adjoining national forest areas shall be allowed to drift across the land described herein to private land north thereof within the park.
(Mar. 7, 1928, ch. 137, §1,
§222. Administration, concessions, and privileges; contracts for sale of water
The administration, protection, and promotion of Grand Canyon National Park shall be exercised under the direction of the Secretary of the Interior, by the National Park Service, subject to the provisions of
(Feb. 26, 1919, ch. 44, §2,
Codification
"
Amendments
1978—
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Special United States Magistrate Judge for Grand Canyon National Park
Appointment by United States District Court for the District of Arizona of a special commissioner [now United States magistrate judge] for the Grand Canyon National Park, see
Section Referred to in Other Sections
This section is referred to in
§223. Repealed. Pub. L. 93–620, §10(f), Jan. 3, 1975, 88 Stat. 2093
Section, act Feb. 26, 1919, ch. 44, §3,
§224. Entries under land laws; toll road
Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States, prior to February 26, 1919, whether for homestead, mineral, right-of-way, or any other purpose whatsoever, or shall affect the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land and nothing herein contained shall affect, diminish, or impair the right and authority of the county of Coconino, in the State of Arizona, to levy and collect tolls for the passage of livestock over and upon the Bright Angel Toll Road and Trail, and the Secretary of the Interior is authorized to negotiate with the said county of Coconino for the purchase of said Bright Angel Toll Road and Trail and all rights therein.
(Feb. 26, 1919, ch. 44, §4,
References in Text
Herein, referred to in text, means act Feb. 26, 1919, which is classified to
The land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands.
Codification
The words "prior to February 26, 1919," were in the original "existing", and refer to the date of enactment of act Feb. 26, 1919.
A provision of the original text requiring a report to Congress as to terms upon which the toll road and trail mentioned herein might be purchased was omitted as historically obsolete.
Section Referred to in Other Sections
This section is referred to in
§225. Laws applicable; easements and rights-of-ways
Whenever consistent with the primary purposes of Grand Canyon National Park,
(Feb. 26, 1919, ch. 44, §5,
References in Text
Cross References
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 Referred to in Other Sections
This section is referred to in
§226. Omitted
Codification
Section, act Feb. 26, 1919, ch. 44, §6,
§227. Utilization of areas for Government reclamation projects
Whenever consistent with the primary purposes of such park, the Secretary of the Interior is authorized to permit the utilization of those areas formerly within the Lake Mead National Recreation Area immediately prior to January 3, 1975, and added to the park by
(Feb. 26, 1919, ch. 44, §7,
Amendments
1975—
Section Referred to in Other Sections
This section is referred to in
§228. Buildings on privately owned lands
Where privately owned lands within the said park lie within three hundred feet of the rim of the Grand Canyon no building, tent, fence, or other structure shall be erected on the park lands lying between said privately owned lands and the rim.
(Feb. 26, 1919, ch. 44, §8,
Section Referred to in Other Sections
This section is referred to in
§228a. Enlargement of boundaries; statement of purpose
It is the object of this section and
(
Short Title
For short title of this section and
Section Referred to in Other Sections
This section is referred to in
§228b. Composition of park
(a) Additional lands, waters, and interests therein
In order to add to the Grand Canyon National Park certain prime portions of the canyon area possessing unique natural, scientific, and scenic values, the Grand Canyon National Park shall comprise, subject to any valid existing rights under the Navajo Boundary Act of 1934, all those lands, waters, and interests therein, constituting approximately one million two hundred thousand acres, located within the boundaries as depicted on the drawing entitled "Boundary Map, Grand Canyon National Park," numbered 113–20, 021 B and dated December 1974, a copy of which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.
(b) Abolition of Grand Canyon and Marble Canyon National Monuments
For purposes of
(c) Study and report to Congress of suitability of lands included within enlarged boundaries; submission date
The Secretary of the Interior shall study the lands within the former boundaries of the Grand Canyon National Monument commonly known as the Tuckup Point, Slide Mountain, and Jensen Tank areas to determine whether any portion of these lands might be unsuitable for park purposes and whether in his judgment the public interest might be better served if they were deleted from the Grand Canyon National Park. The Secretary shall report his findings and recommendations to the Congress no later than one year from January 3, 1975.
(
References in Text
The Navajo Boundary Act of 1934, referred to in subsec. (a), is act June 14, 1934, ch. 521,
Section Referred to in Other Sections
This section is referred to in
§228c. Acquisition of lands within enlarged boundaries by donation, purchase, or exchange; transfer of jurisdiction over Federal lands
(a) Within the boundaries of the Grand Canyon National Park, as enlarged by
(b) Federal lands within the boundaries of such park are hereby transferred to the jurisdiction of the Secretary for the purposes of
(
Section Referred to in Other Sections
This section is referred to in
§228d. Acquisition of State of Arizona or local lands by donation or exchange; approval for transfer to United States of Indian trust lands
Notwithstanding any other provision of
(
Section Referred to in Other Sections
This section is referred to in
§228e. Cooperative agreements for protection and unified interpretation of enlarged park; scope of agreements
In the administration of the Grand Canyon National Park, as enlarged by
(
Section Referred to in Other Sections
This section is referred to in
§228f. Preservation and renewal of existing grazing rights within enlarged boundaries; term of renewal
Where any Federal lands within the Grand Canyon National Park, as enlarged by
(
Section Referred to in Other Sections
This section is referred to in
§228g. Aircraft or helicopter regulation within enlarged boundaries; procedure for promulgation of administrative rules and regulations
Whenever the Secretary has reason to believe that any aircraft or helicopter activity or operation may be occurring or about to occur within the Grand Canyon National Park, as enlarged by
(
References in Text
The Noise Control Act of 1972, referred to in text, is
Transfer of Functions
"Federal Aviation Administration" substituted in text for "Federal Aviation Agency" pursuant to
Section Referred to in Other Sections
This section is referred to in
§228h. Construction with existing Colorado River system reclamation provisions
Nothing in
(
Section Referred to in Other Sections
This section is referred to in
§228i. Havasupai Indian Reservation
(a) Lands of Havasupai Reservation Addition held in trust by United States; boundaries
For the purpose of enabling the tribe of Indians known as the Havasupai Indians of Arizona (hereinafter referred to as the "tribe") to improve the social, cultural, and economic life of its members, the lands generally depicted as the "Havasupai Reservation Addition" on the map described in
(b) Lands held in trust by United States included within Reservation; administration pursuant to laws and regulations applicable to other trust Indian lands; specific administrative criteria and restrictions
The lands held in trust pursuant to this section shall be included in the Havasupai Reservation, and shall be administered under the laws and regulations applicable to other trust Indian lands: Provided, That—
(1) the lands may be used for traditional purposes, including religious purposes and the gathering of, or hunting for, wild or native foods, materials for paints and medicines;
(2) the lands shall be available for use by the Havasupai Tribe for agricultural and grazing purposes, subject to the ability of such lands to sustain such use as determined by the Secretary;
(3) any areas historically used as burial grounds may continue to be so used;
(4) a study shall be made by the Secretary, in consultation with the Havasupai Tribal Council, to develop a plan for the use of this land by the tribe which shall include the selection of areas which may be used for residential, educational, and other community purposes for members of the tribe and which shall not be inconsistent with, or detract from, park uses and values; Provided further, That before being implemented by the Secretary, such plan shall be made available through his offices for public review and comment, shall be subject to public hearings, and shall be transmitted, together with a complete transcript of the hearings, at least 90 days prior to implementation, to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; and Provided further, That any subsequent revisions of this plan shall be subject to the same procedures as set forth in this paragraph;
(5) no commercial timber production, no commercial mining or mineral production, and no commercial or industrial development shall be permitted on such lands: Provided further, That the Secretary may authorize the establishment of such tribal small business enterprises as he deems advisable to meet the needs of the tribe which are in accordance with the plan provided in paragraph (4) of this subsection;
(6) nonmembers of the tribe shall be permitted to have access across such lands at locations established by the Secretary in consultation with the Tribal Council in order to visit adjacent parklands, and with the consent of the tribe, may be permitted (i) to enter and temporarily utilize lands within the reservation in accordance with the approved land use plan described in paragraph (4) of this subsection for recreation purposes or (ii) to purchase licenses from the tribe to hunt on reservation lands subject to limitations and regulations imposed by the Secretary of the Interior; and
(7) except for the uses permitted in paragraphs 1 through 6 of this subsection, the lands hereby transferred to the tribe shall remain forever wild and no uses shall be permitted under the plan which detract from the existing scenic and natural values of such lands.
(c) Establishment, maintenance, and implementation of conservation measures; availability of Federal programs relating to Indians; right of access to lands for implementation of Federal projects, resource management and preservation, and tribal religious, etc., functions
The Secretary shall be responsible for the establishment and maintenance of conservation measures for these lands, including, without limitation, protection from fire, disease, insects, or trespass and reasonable prevention or elimination of erosion, damaging land use, overgrazing, or pollution. The Secretary of the Interior is authorized to contract with the Secretary of Agriculture for any services or materials deemed necessary to institute or carry out any such measures. Any authorized Federal programs available to any other Indian tribes to enhance their social, cultural, and economic well-being shall be deemed available to the tribe on these lands so long as such programs or projects are consistent with the purposes of
(d) Grazing rights on the Raintank Allotment; continuation and renewal
The Secretary shall permit any person presently exercising grazing privileges pursuant to Federal permit or lease in that part of the Kaibab National Forest designated as the "Raintank Allotment", and which is included in the Havasupai Reservation by this section, to continue in the exercise thereof, but no permit or renewal shall be extended beyond the period ending ten years from January 3, 1975, at which time all rights of use and occupancy of the lands will be transferred to the tribe subject to the same terms and conditions as the other lands included in the reservation in subsection (b) of this section.
(e) Havasupai Use Lands; use for grazing and other traditional purposes subject to regulations
The Secretary, subject to such reasonable regulations as he may prescribe to protect the scenic, natural, and wildlife values thereof, shall permit the tribe to use lands within the Grand Canyon National Park which are designated as "Havasupai Use Lands" on the Grand Canyon National Park boundary map described in
(f) Extinguishment of all tribal right, title, and interest in lands not otherwise declared as held in trust or covered by provisions enlarging park
By the enactment of
(
Codification
Provision of subsec. (f) of this section, which repealed section 3 of act of Feb. 26, 1919 (
Amendments
1994—Subsec. (b)(4).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§228i–1. Report to President
Within two years from the date of enactment of this Act 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 park for preservation as wilderness, and any designation of any such areas as a wilderness shall be accomplished in accordance with said section 1132(c) and (d) of this title.
(
References in Text
The date of enactment of this Act, referred to in text, probably means the date of enactment of
Section Referred to in Other Sections
This section is referred to in
§228j. Authorization of appropriations; availability of sums
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of
(
Codification
June 30, 1974, first appearing in text of section, was in the original "June 30, 1074". The typographical error was corrected to conform to the apparent intent of the Congress.
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER XXV—JEAN LAFITTE NATIONAL HISTORICAL PARK
Part A—Generally
§230. Establishment; description of area
In order to preserve for the education, inspiration, and benefit of present and future generations significant examples of natural and historical resources of the Mississippi Delta region and to provide for their interpretation in such manner as to portray the development of cultural diversity in the region, there is authorized to be established in the State of Louisiana the Jean Lafitte National Historical Park and Preserve (hereinafter referred to as the "park"). The park shall consist of (1) the area of approximately twenty thousand acres generally depicted on the map entitled "Barataria Marsh Unit-Jean Lafitte National Historical Park and Preserve" numbered 90,000B and dated April 1978, which shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior; (2) the area known as Big Oak Island; (3) an area or areas within the French Quarter section of the city of New Orleans as may be designated by the Secretary of the Interior for an interpretive and administrative facility; (4) folk life centers to be established in the Acadian region; (5) the Chalmette National Historical Park; and (6) such additional natural, cultural, and historical resources in the French Quarter and Garden District of New Orleans, forts in the delta region, plantations, and Acadian towns and villages in the Saint Martinville area and such other areas and sites as are subject to cooperative agreements in accordance with the provisions of this part.
(
Amendments
1988—
Section Referred to in Other Sections
This section is referred to in
§230a. Acquisition of property
(a) Authority of Secretary; manner and place; donation of State lands; mineral rights
Within the Barataria Marsh Unit the Secretary is authorized to acquire not to exceed eight thousand six hundred acres of lands, waters, and interests therein (hereinafter referred to as the "core area"), as depicted on the map referred to in
(b) Guidelines or criteria; consultation
With respect to the lands, waters, and interests therein generally depicted as the "park protection zone" on the map referred to in
(c) Values; preservation and protection
The purpose of any guideline developed pursuant to subsection (b) of this section shall be to preserve and protect the following values within the core area:
(1) fresh water drainage patterns from the park protection zone into the core area;
(2) vegetative cover;
(3) integrity of ecological and biological systems; and
(4) water and air quality.
(d) State authority; cession to Secretary
Where the State or local units of government deem it appropriate, they may cede to the Secretary, and the Secretary is authorized to accept, the power and authority to confect and enforce a program or set of rules pursuant to the guidelines established under subsection (b) of this section for the purpose of protecting the values described in subsection (c) of this section.
(e) Values; protective acquisitions
The Secretary, upon the failure of the State or local units of government to enact rules pursuant to subsection (b) of this section or enforce such rules so as to protect the values enumerated in subsection (c) of this section, may acquire such lands, servitudes, or interests in lands within the park protection zone as he deems necessary to protect the values enumerated in subsection (c) of this section.
(f) Boundaries; revision
The Secretary may revise the boundaries of the park protection zone, notwithstanding any other provision of law, to include or exclude properties, but only with the consent of Jefferson Parish.
(g) Acadian villages and towns
The Secretary is authorized to acquire lands or interests in lands by donation, purchase with donated or appropriated funds or exchange, not to exceed approximately 20 acres, in Acadian villages and towns. Any lands so acquired shall be developed, maintained and operated as part of the Jean Lafitte National Historical Park.
(
Amendments
1988—Subsec. (g).
1979—Subsec. (a).
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
Section Referred to in Other Sections
This section is referred to in
§230b. Owner's retention of right of use and occupancy for residential purposes for life or fixed term of years; election of term; fair market value; transfer, assignment or termination; "improved property" defined
Within the Barataria Marsh Unit, the owner or owners of improved property used for noncommercial residential purposes on a year-round basis may, as a condition of the acquisition of such property by the Secretary, elect to retain a right of use and occupancy of such property for noncommercial residential purposes if, in the judgment of the Secretary, the continued use of such property for a limited period would not unduly interfere with the development or management of the park. Such right of use and occupancy may be either a period ending on the death of the owner or his spouse, whichever occurs last, or a term of not more than twenty-five years, at the election of the owner. Unless the property is donated, the Secretary shall pay to the owner the fair market value of the property less the fair market value of the right retained by the owner. Such right may be transferred or assigned and may be terminated by the Secretary, if he finds that the property is not used for noncommercial residential purposes, upon tender to the holder of the right an amount equal to the fair market value of the unexpired term. As used in this section, the term "improved property" means a single-family, year-round dwelling, the construction of which was begun before January 1, 1977, 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 which the Secretary finds is reasonably necessary for the owner's continued use and occupancy of the dwelling.
(
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
§230c. Cooperative agreements; specific provisions
In furtherance of the purposes of this part, and after consultation with the Commission created by
(
References in Text
Paragraphs (4) and (5) of
Amendments
1979—
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§230d. Hunting, fishing, and trapping; public safety; consultation
Within the Barataria Marsh Unit, the Secretary shall permit hunting, fishing (including commercial fishing), and trapping in accordance with applicable Federal and State laws, except that within the core area and on those lands acquired by the Secretary pursuant to
(
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
§230e. Establishment; notice in Federal Register; administration
The Secretary shall establish the park by publication of a notice to that effect in the Federal Register at such time as he finds that, consistent with the general management plan referred to in
(
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "section".
§230f. Delta Region Preservation Commission
(a) Establishment; membership
There is established the Delta Region Preservation Commission (hereinafter referred to as the "Commission"), which shall consist of the following:
(1) two members appointed by the Governor of the State of Louisiana;
(2) two members appointed by the Secretary from recommendations submitted by the President of Jefferson Parish;
(3) two members appointed by the Secretary from recommendations submitted by the Jefferson Parish Council;
(4) two members appointed by the Secretary from recommendations submitted by the mayor of the city of New Orleans;
(5) one member appointed by the Secretary from recommendations submitted by the commercial fishing industry;
(6) three members appointed by the Secretary from recommendations submitted by local citizen conservation organizations in the delta region;
(7) one member appointed by the Chairman of the National Endowment for the Arts; and
(8) 1 two members appointed by the Secretary from recommendations submitted by the Police Jury of Saint Bernard Parish.
(8) 1 one member who shall have experience as a folklorist and who is familiar with the cultures of the Mississippi Delta Region appointed by the Secretary of the Smithsonian Institution.
(b) 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 non-Federal members of the Commission in carrying out their duties.
(c) Functions
The function of the Commission shall be to advise the Secretary in the selection of sites for inclusion in the park, in the development and implementation of a general management plan, and in the development and implementation of a comprehensive interpretive program of the natural, historic, and cultural resources of the region. The Commission shall inform interested members of the public, the State of Louisiana and its political subdivisions, and interested Federal agencies with respect to existing and proposed actions and programs having a material effect on the perpetuation of a high-quality natural and cultural environment in the delta region.
(d) Majority voting; generally; single parish or municipality
The Commission shall act and advise by affirmative vote of a majority of its members: Provided, That any recommendation of the Commission that affects the use or development, or lack thereof, of property located solely within a single parish or municipality shall have the concurrence of a majority of the members appointed from recommendations submitted by such parish or municipality.
(e) Ex officio members; staff support and technical services; termination date
The Directors of the Heritage Conservation and Recreation Service and the National Park Service shall serve as ex officio members of the Commission and provide such staff support and technical services as may be necessary to carry out the functions of the Commission. The Commission shall terminate twenty years from November 10, 1978.
(
Amendments
1988—Subsec. (a)(6), (7).
Subsec. (a)(8).
Subsec. (e).
1979—Subsec. (a)(8).
Subsec. (e).
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
Section Referred to in Other Sections
This section is referred to in
1 So in original. There are two pars. designated "(8)".
§230g. Authorization of appropriations; general management plan; submission to Congressional committees
(a) There is authorized to be appropriated, to carry out the provisions of this part, not to exceed $50,000,000 from the Land and Water Conservation Fund for acquisition of lands, waters, and interests therein and such sums as necessary for the development of essential facilities.
(b) Within three years from November 10, 1978, the Secretary, after consultation with the Commission, shall submit to the Committee on Interior and Insular Affairs of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate a general management plan for the park indicating—
(1) transportation alternatives for public access to the park;
(2) the number of visitors and types of public use within the park which can be accommodated in accordance with the protection of its resources;
(3) the location and estimated cost of facilities deemed necessary to accommodate such visitors and uses; and
(4) a statement setting forth the actions which have been and should be taken to assure appropriate protection, interpretation, and management of the areas known as Big Oak Island and Couba Island.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
Section Referred to in Other Sections
This section is referred to in
§230h. Change in name of Chalmette National Historical Park
The area described in the Act of October 9, 1962 (
(
References in Text
Act of October 9, 1962 (
§230i. Report to Congressional committees
By no later than the end of the first full fiscal year following November 10, 1978, the Secretary shall submit to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a comprehensive report with recommendations as to sites within the Mississippi River Delta Region which constitute nationally significant examples of natural resources within that region.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
Part B—Chalmette Unit
§231. Establishment; description of area
The lands in Federal ownership located in Chalmette, Louisiana, in sections 10 and 21, township 13 south, range 12 east, Saint Helena meridian, on which there has been erected a monument pursuant to the provisions of
(Aug. 10, 1939, ch. 640, §1,
Change of Name
Chalmette National Historical Park redesignated Chalmette Unit of Jean Lafitte National Historical Park and references to Park deemed references to Chalmette Unit pursuant to
§231a. Additional lands
Upon the vesting of title in the United States to such additional lands as may be designated by the Secretary of the Interior as necessary and desirable for the purposes of the Chalmette Unit of the Jean Lafitte National Historical Park, such lands shall become a part of the said park and shall be subject to all laws, rules, and regulations applicable thereto: Provided, however, That the total area included within the said park and any enlargement thereof shall not exceed five hundred acres.
(Aug. 10, 1939, ch. 640, §2,
Change of Name
Chalmette National Historical Park redesignated Chalmette Unit of Jean Lafitte National Historical Park and references to Park deemed references to Chalmette Unit pursuant to
Acquisition of Lands
Section 5 of
"Within the boundaries of Chalmette National Historical Park as designated by the Secretary of the Interior on March 20, 1958, pursuant to the Act of August 10, 1939 (
"Beginning at the point of intersection of the west line of Fazendeville Road with a line 50 feet south of southerly boundary of right-of-way of the Louisiana Southern Railway at coordinate point X—2,425,730.76 and Y—467,506.11; (the bearings and coordinates herein stated are in accord with the Louisiana geodetic survey plane grid system); and running thence south 66 degrees 32 minutes 46 seconds east, parallel to said southerly boundary of right-of-way of Louisiana Southern Railway, a distance of 30 feet to coordinate point X—2,425,758.28 and Y—467,494.17; thence south 23 degrees 45 minutes 21 seconds west for a distance of 917.90 feet along the east right-of-way of Fazendeville Road to a point;
"Thence south 66 degrees 14 minutes 39 seconds east for a distance of 161.83 feet to a point; thence south 23 degrees 45 minutes 21 seconds west on a line parallel to Fazendeville Road for a distance of 1,406.51 feet to a point; thence north 64 degrees 19 minutes 9 seconds west for a distance of 161.92 feet to a point on the east right-of-way of Fazendeville Road; thence south 23 degrees 45 minutes 21 seconds west along the east right-of-way of Fazendeville Road for a distance of 19.41 feet to a point;
"Thence south 64 degrees 19 minutes 9 seconds east for a distance of 95.70 feet to a point; thence south 23 degrees 45 minutes 21 seconds west on a line parallel to Fazendeville Road for a distance of 54.90 feet to a point; thence north 64 degrees 19 minutes 9 seconds west for a distance of 95.70 feet to a point on the east right-of-way of Fazendeville Road; thence south 23 degrees 45 minutes 21 seconds along the east right-of-way of Fazendeville Road for a distance of 279.44 feet to a point;
"Thence crossing Fazendeville Road on a line running north 49 degrees 02 minutes 49 seconds west for a distance of 31.40 feet to a point on the west right-of-way of Fazendeville Road; thence north 23 degrees 45 minutes 21 seconds east along the west right-of-way of Fazendeville Road for a distance of 2,663.28 feet to a point which is the point of beginning; containing 7.02 acres more or less, including 1.83 acres more or less within the right-of-way of the Fazendeville Road; and excluding lot 15, as shown on a map of survey by F. C. Gandolfo, Junior, dated January 9, 1953, and being in section 10 of township 13 south, range 12 east, parish of Saint Bernard, State of Louisiana, and known locally as Fazendeville."
§231b. Acceptance of donations
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
(Aug. 10, 1939, ch. 640, §3,
References in Text
Change of Name
Chalmette National Park redesignated Chalmette Unit of Jean Lafitte National Historical Park and references to Park deemed references to Chalmette Unit pursuant to
§231c. Administration, protection, and development
The administration, protection, and development of the aforesaid national historical park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(Aug. 10, 1939, ch. 640, §4,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§231d. Repeal of inconsistent laws
All Acts or parts of Acts inconsistent with this subchapter are repealed to the extent of such inconsistency.
(Aug. 10, 1939, ch. 640, §5,
SUBCHAPTER XXVI—THEODORE ROOSEVELT NATIONAL PARK
§241. Establishment; boundaries; maintenance of roads
All those certain tracts, pieces, or parcels of land, title to which is vested in the United States of America, and being in the State of North Dakota, and within the boundaries particularly described, as follows, to wit: Beginning at the point where the north line of the right-of-way of United States Highway Numbered 10 intersects the east boundary of section 36, township 140 north, range 101 west, fifth principal meridian; thence southwesterly and northwesterly along the north line of said right-of-way through section 1, township 139 north, range 101 west, and sections 36, 35, 34, 27, 28, 29, and 30, township 140 north, range 101 west; thence northwesterly and southwesterly along the north line of the right-of-way of said highway to be relocated as shown on the right-of-way plat for project SNFAP 283C(3) filed for record in the office of the register of deeds, Medora, North Dakota, book numbered 2 of plats, page 68, on June 13, 1942, through section 25 and the east half of the northeast quarter of section 26, township 140 north, range 102 west, to the point of intersection with the east sixteenth section line of said section 26; thence north along the sixteenth section line to the northwest corner of the northeast quarter of the northeast quarter of said section 26; thence northwesterly along a line to the northwest corner of the southwest quarter of the southeast quarter of section 23, township 140 north, range 102 west; thence westerly along the sixteenth section line to the northeast corner of the southeast quarter of the southeast quarter of section 22; township 140 north, range 102 west; thence southerly along the east section line to the southeast corner of said section 22; thence westerly along the south line of said section 22 to the point of intersection with the right bank of the Little Missouri River; thence northerly and westerly along the right bank of said river to the point of intersection with the east line of section 21, township 140 north, range 102 west; thence southerly along the east line of said section 21, to the intersection with the north line of the right-of-way of the Northern Pacific Railway, which point lies north of said United States Highway Numbered 10; thence westerly along the north line of said right-of-way to the point of intersection with the north line of the right-of-way of said United States Highway Numbered 10; thence westerly along the north line of the right-of-way of said highway through said section 21 to the intersection with the west line of said section 21; thence northerly along the west line of said section 21, and sections 16 and 9, thence continuing northerly to the southeast corner of Government lot 9, section 5, township 140 north, range 102 west; thence northwesterly to the northwest corner of Government lot 2 in said section 5; thence westerly to the southwest corner of the southeast quarter of section 34, township 141 north, range 102 west; thence northerly along the quarter section line to the northwest corner of the said southeast quarter of section 34; thence northwesterly along a line to the southwest corner of section 27, township 141 north, range 102 west; thence northerly along the west line of said section 27, to the southwest corner of the northwest quarter of said section 27; thence northeasterly along a line to the southwest corner of the southeast quarter of section 22, township 141 north, range 102 west; thence continuing northeasterly along a line to the southwest corner of the northwest quarter of section 23, township 141 north, range 102 west; thence continuing northeasterly along a line to the northeast corner of said northwest quarter of section 23; thence easterly along the north lines of said section 23, and section 24, township 141 north, range 102 west; to the northwest corner of section 19, township 141 north, range 101 west; thence continuing easterly along the north line of said section 19 to the northwest corner of the northeast quarter of said section 19; thence southeasterly along a line to the northwest corner of the southwest quarter of the southwest quarter of the northwest quarter of section 20, township 141 north, range 101 west; thence southerly along the west line of said section 20 to the northwest corner of the southwest quarter of section 20; thence easterly to the northwest corner of the southeast quarter of section 20; thence southerly to the southwest corner of the southeast quarter of said section 20; thence easterly along the north lines of section 29 and section 28, to the northeast corner of section 28, township 141 north, range 101 west; thence southerly along the west line of section 27, township 141 north, range 101 west, to the southwest corner of said section 27; thence easterly along the north lines of sections 34, 35, and 36 to the northeast corner of section 36, township 141 north, range 101 west; thence southerly along the east line of said section 36 to the southwest corner of section 31, township 141 north, range 100 west; thence easterly to the southeast corner of said section 31; thence southeasterly along a line to the northwest corner of Government lot 7 of section 2, township 140 north, range 101 west; thence continuing southeasterly along a line to the northwest corner of the southwest quarter of section 1, township 140 north, range 101 west; thence continuing southeasterly along a line to the northwest corner of the northeast quarter of section 12, township 140 north, range 101 west; thence continuing southeasterly along a line to the northwest corner of the southwest quarter of section 7, township 140 north, range 100 west; thence easterly along the quarter section line to the northwest corner of the southeast quarter of said section 7; thence southeasterly along a line to the northwest corner of section 17, township 140 north, range 100 west; thence continuing southeasterly along a line to a point which is 33 feet west of the east line of said section 17, and 33 feet north of the south line of said section 17; thence southerly on a line which lies 33 feet west of and parallel to the east lines of sections 20, 29, and 32 of township 140 north, range 100 west, to the point of intersection with the north right-of-way line of United States Highway Numbered 10; thence westerly along the north line of said right-of-way through said sections 32 and 31, township 140 north, range 100 west, to the point of intersection with the east boundary of section 36, township 140 north, range 101 west, the place of beginning, containing forty-nine thousand one hundred and fifty-three and seventy-nine one-hundredths acres more or less, are dedicated and set apart as a public park for the benefit and enjoyment of the people, and shall be known as the Theodore Roosevelt National Park. The Secretary of the Interior is authorized, in his discretion, to construct and maintain a road or highway through the park connecting with a State or Federal highway.
(Apr. 25, 1947, ch. 41, §1,
Amendments
1948—Act June 29, 1948, inserted "are dedicated and set apart as a public park for the benefit and enjoyment of the people, and shall be known as the Theodore Roosevelt National Memorial Park. The Secretary of the Interior is authorized, in his discretion, to construct and maintain a road or highway through the park connecting with a State or Federal highway."
Act June 10, 1948, revised boundaries of park.
Change of Name
Theodore Roosevelt National Memorial Park redesignated Theodore Roosevelt National Park pursuant to
Appropriations
Section 8 of act Apr. 25, 1947, renumbered section 7 by act June 10, 1948, §1, provided: "There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [
Conveyance to Federal Agencies or State of Jurisdiction Over Unrequired Lands
Section 2 of act June 10, 1948, provided that: "Administrative jurisdiction over any of such lands that the Secretary of the Interior finds are not required for exchange purposes as herein provided [amendment of
§241a. Extension of boundaries
The following-described lands are made a part of the Theodore Roosevelt National Park, subject to all laws and regulations applicable thereto:
Beginning at the southwest corner of section 17, township 147 north, range 100 west; thence north along the west boundaries of sections 17, 8, 5, township 147 north, range 100 west, and section 32 to the southwest corner of section 29, township 148 north, range 100 west; thence east to the southwest corner of the southeast quarter of section 29; thence north to the northwest corner of the southwest quarter of the northeast quarter of section 29; thence east to the northeast corner of the southeast quarter of the northeast quarter of section 29; thence north along west boundary of sections 28 and 21 to the west quarter corner of section 21; thence east to the east quarter corner of section 21; thence north along west boundary of section 22 to the northwest corner of section 22; thence east along the north boundaries of sections 22, 23, 24, township 148 north, range 100 west and sections 19 and 20 to the north quarter corner of section 20, township 148 north, range 99 west; thence south to the northwest corner of the southeast quarter of section 20; thence east to the east quarter corner of section 20; thence south to the southeast corner of section 20; thence along the north boundaries of sections 28, 27, and 26, township 148 north, range 99 west, to the northeast corner of section 26; thence south along east boundaries of sections 26 and 35 to the east quarter corner of section 35, township 148 north, range 99 west; thence west to the north bank of Little Missouri River; thence following the north bank of the Little Missouri River in a generally westerly direction to where the north bank of the river crosses the north boundary of section 4, township 147 north, range 99 west; thence west to the northwest corner of section 4; thence south to the southeast corner of section 5; thence west along the south boundaries of sections 5 and 6, township 147 north, range 99 west, and section 1, township 147 north, range 100 west to the northeast corner of section 11; thence south along east boundaries of sections 11 and 14 to the southeast corner of section 14; thence west along the south boundaries of sections 14, 15, 16, and 17 to the point of beginning, all west of the fifth principal meridian.
(June 12, 1948, ch. 455, §1,
Codification
Section was not enacted as part of act Apr. 25, 1947, ch. 41,
Change of Name
Theodore Roosevelt National Memorial Park redesignated Theodore Roosevelt National Park pursuant to
Section Referred to in Other Sections
This section is referred to in
§241b. Exchange of lands
For the purposes of acquiring non-Federal lands within the boundaries of said park as established by this section and
(June 12, 1948, ch. 455, §2,
Codification
Section was not enacted as part of act Apr. 25, 1947, ch. 41,
Section Referred to in Other Sections
This section is referred to in
§241c. Additional extension of lands
The following-described lands are made a part of the Theodore Roosevelt National Park, subject to all laws and regulations applicable thereto: Beginning at a point in block 11 of the village of Medora, North Dakota, said point being on the northerly right-of-way line of Third Avenue a distance of 160 feet westerly from the northwest corner of the intersection of Third Avenue and Main Street; thence northerly a distance of 140 feet to a point on a line parallel to and 160 feet westerly of the westerly right-of-way line of Main Street; thence easterly 10 feet along a line parallel to and 140 feet northerly of the northerly right-of-way line of Third Avenue to a point 150 feet westerly of the westerly right-of-way line of Main Street; thence northerly 20 feet along a line parallel to and 150 feet westerly of the westerly right-of-way line of Main Street to a point on a line parallel to and 160 feet northerly of the northerly right-of-way line of Third Avenue: thence easterly along said line a distance of 150 feet to a point on the westerly right-of-way line of Main Street; thence northerly a distance of 40 feet along said westerly right-of-way line of Main Street to a point 200 feet northerly from the northwest corner of the intersection of Third Avenue and Main Street; thence easterly along a line parallel to and 200 feet northerly of the northerly right-of-way line of Third Avenue a distance of 970 feet to the northwesterly corner of lot 3 in block 8; thence southerly along the westerly line of lots 3 to 10, inclusive, in block 8 a distance of 200 feet to a point on the northerly right-of-way line of Third Avenue; thence along the northerly right-of-way line of Third Avenue extended easterly to a point on the west sixteenth line of section 26; thence northerly along said sixteenth line to a point on the section line common to sections 23 and 26; thence westerly along said section line to a point which is 600 feet easterly of the section corner common to sections 22, 23, 26, and 27; thence northerly along a line parallel to and 600 feet easterly from the section line common to sections 22 and 23 to a point on the south sixteenth line of section 23; thence westerly along said sixteenth line a distance of 600 feet to a point on the section line common to sections 22 and 23; thence southerly along said section line to the section corner common to sections 22, 23, 26, and 27; thence southerly along the section line common to sections 26 and 27 a distance of 390.5 feet; thence westerly a distance of 421.7 feet to a point on a line parallel to and 390.5 feet southerly from the section line common to sections 22 and 27; thence southerly a distance of 360 feet to a point in block 4 on a line parallel to and 150 feet westerly from the westerly right-of-way line of Main Street extended northerly; thence southwesterly on a straight line through the southwesterly corner of block 4 to a point on the southerly right-of-way line of Second Avenue extended westerly; thence westerly along said westerly extension of the southerly right-of-way line of Second Avenue to a point on the northeasterly right-of-way line of United States Highway Numbered 10; thence southeasterly along said northeasterly right-of-way line of United States Highway Numbered 10 to the intersection or juncture of said right-of-way line with the northerly right-of-way line of Third Avenue; thence easterly to the point of beginning; and all of that part of block 12 in the village of Medora that lies westerly of a line parallel to and westerly a distance of 140 feet from the westerly right-of-way line of Main Street; all in township 140 north, range 102 west, fifth principal meridian: Provided, That the lands and improvements thereon located in block 6 in the village of Medora now administered and used by the United States Forest Service, Department of Agriculture, shall not become a part of the park pursuant to this section until such time as they are transferred to the Department of the Interior by the Secretary of Agriculture.
(Mar. 24, 1956, ch. 94, §1,
Codification
Section was not enacted as part of act Apr. 25, 1947, ch. 41,
Change of Name
Theodore Roosevelt National Memorial Park redesignated Theodore Roosevelt National Park pursuant to
Section Referred to in Other Sections
This section is referred to in
§241d. Exclusion of lands
The following area is excluded from the park: That portion of section 8 lying southwest of a line between the common corner of sections 8, 9, 16, and 17 and the northwest corner of the southwest quarter section 8; that portion of section 16 lying southwest of a line between the southeast corner southwest quarter and the northwest corner southwest quarter section 16; and section 17, township 147 north, range 100 west, fifth principal meridian, North Dakota.
(Mar. 24, 1956, ch. 94, §2,
Codification
Section was not enacted as part of act Apr. 25, 1947, ch. 41,
Section Referred to in Other Sections
This section is referred to in
§241e. Authority to make further adjustments
The Secretary of the Interior is authorized to make further adjustments in the boundaries of the park along United States Highways Numbered 10 and 85 as he deems advisable and in the public interest if and when the alinement of these highways is changed: Provided, That not to exceed five hundred acres may be added to the park and not to exceed two thousand acres may be excluded from the park by such adjustments. Boundary adjustments made pursuant to this section shall be effective upon publication thereof in the Federal Register and all Federal land excluded from the park pursuant to
(Mar. 24, 1956, ch. 94, §3,
References in Text
The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517,
Codification
Section was not enacted as part of act Apr. 25, 1947, ch. 41,
§241f. Extension of exchange authority
The land exchange authority relating to Theodore Roosevelt National Park prescribed by
(Mar. 24, 1956, ch. 94, §4,
Codification
Section was not enacted as part of act Apr. 25, 1947, ch. 41,
Change of Name
Theodore Roosevelt National Memorial Park redesignated Theodore Roosevelt National Park pursuant to
Section Referred to in Other Sections
This section is referred to in
§241g. Change in name of Theodore Roosevelt National Memorial Park
The area formerly known as the "Theodore Roosevelt National Memorial Park", established by this subchapter shall henceforth be known as the "Theodore Roosevelt National Park."
(
Codification
Section was not enacted as part of act Apr. 25, 1947, ch. 41,
§242. Condemnation of land; acceptance of donations
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
(Apr. 25, 1947, ch. 41, §2,
References in Text
Change of Name
Theodore Roosevelt National Memorial Park redesignated Theodore Roosevelt National Park pursuant to
§243. Exchange of lands
That for the purposes of acquiring non-Federal lands within the boundaries of said park as established by this subchapter, the Secretary of the Interior is authorized, in his discretion, to exchange federally owned lands within the Roosevelt recreational demonstration area project, located outside the boundaries of the park for State or privately owned lands of approximately equal value within the boundaries of the park, when in his opinion such action is in the interest of the United States, the title to any lands acquired under this section 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 park and shall be subject to the laws applicable thereto.
(Apr. 25, 1947, ch. 41, §3,
Section Referred to in Other Sections
This section is referred to in
§244. Construction of log buildings; limitation on cost
The Secretary of the Interior is further authorized to obtain by purchase or condemnation proceedings, as part of said Theodore Roosevelt National Park, lots 6 and 7, section 33, township 144 north, range 102 west; southeast quarter of southeast quarter, section 32, township 144 north, range 102 west; lots 4 and 5, section 4, township 143, range 102 west; and those parts of lot 1 and the southeast quarter of the northeast quarter, section 5, township 143 north, range 102 west, that lie north and east of a line running diagonally from the northwest corner of said lot 1 to the southeast corner of the southeast quarter of the northeast quarter of said section 5, and to reconstruct thereon the log ranch house thirty by sixty feet, the log blacksmith shop sixteen by twenty feet, one log stable sixteen by twenty feet, one log stable twenty by thirty feet, log dog house, three log rectangular corrals, and one log circular corral, as they existed at the time the premises were occupied by Theodore Roosevelt: Provided, That the total cost of such land and buildings shall not exceed $40,000.
(Apr. 25, 1947, ch. 41, §4,
Amendments
1948—Act June 10, 1948, corrected the land description of Theodore Roosevelt's Elkhorn Ranch.
Change of Name
Theodore Roosevelt National Memorial Park redesignated Theodore Roosevelt National Park, pursuant to
§245. Administration, protection, and development
The Administration, protection, and development of the aforesaid park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(Apr. 25, 1947, ch. 41, §5,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§246. Repealed. June 10, 1948, ch. 437, §1, 62 Stat. 352
Section, act Apr. 25, 1947, ch. 41, §6,
§247. Homestead, mineral, and other rights unaffected
That nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States, whether for homestead, mineral, right-of-way, or any other purposes whatsoever, or shall affect the right of any such claimant, locator, or entryman to the full use and enjoyment of his land.
(Apr. 25, 1947, ch. 41, §6, formerly §7,
References in Text
Herein, referred to in text, means act Apr. 25, 1947, which was generally classified to this subchapter. For complete classification of this Act to the Code, see Tables.
The land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands.
SUBCHAPTER XXVII—OLYMPIC NATIONAL PARK
§251. Establishment; boundaries
The Mount Olympus National Monument established pursuant to proclamation of the President dated March 2, 1909, is abolished, and the tracts of land in the State of Washington particularly described as follows, to wit: Township 25 north, range 4 west, sections 5 to 8, 17 to 20, and 29 to 32, inclusive (unsurveyed); township 26 north, range 4 west, sections 1 to 12, 17 to 20, and 29 to 32, inclusive (unsurveyed); township 27 north, range 4 west, sections 5 to 8, 17 to 20, and 29 to 36, inclusive (unsurveyed); township 28 north, range 4 west, sections 17 to 22, and 27 to 34, inclusive (unsurveyed); townships 25, 26, and 27 north, range 5 west (unsurveyed), township 28 north, range 5 west, sections 7 to 36, inclusive (unsurveyed); township 24 north, range 6 west, sections 3 to 10, 15 to 22, and 27 to 34, inclusive (unsurveyed); townships 25, 26, and 27 north, range 6 west (unsurveyed); township 28 north, range 6 west, sections 7 to 36, inclusive (unsurveyed); townships 24, 25, 26, and 27 north range 7 west (unsurveyed); township 28 north, range 7 west, sections 5 to 36, inclusive (unsurveyed); township 24 north, range 8 west, sections 1 to 18, inclusive (partly surveyed); townships 25, 26, 27, and 28 north, range 8 west (unsurveyed); township 29 north, range 8 west, sections 6, 7, 18, 19 to 21, and 28 to 33, inclusive (unsurveyed); township 30 north, range 8 west, sections 18, 19, 30, and 31 (partly surveyed); township 24 north, range 9 west, sections 1 2, 11, 12, 13, and 14 (partly surveyed); township 25 north, range 9 west (unsurveyed); township 26 north, range 9 west, sections 1 to 18, inclusive (unsurveyed) each half of section 19 (unsurveyed), sections 20 to 29, and 32 to 36, inclusive (surveyed); townships 27 and 28 north, range 9 west (unsurveyed); township 29 north, range 9 west (partly surveyed); township 30 north, range 9 west, sections 13, 14, and 23 to 36, inclusive (partly surveyed); township 26 north, range 10 west, sections 1, 12, and 13 (surveyed); township 27 north, range 10 west, sections 1 to 6, inclusive, 12, 13, 24, 25, and 36 (surveyed); township 28 north, range 10 west, south half section 7, south half section 8, south half section 9, south half section 10, south half section 11, south half section 12, sections 13 to 36, inclusive (unsurveyed) all west of the Willamette meridian, in Washington, are reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States and dedicated and set apart as a public park for the benefit and enjoyment of the people and shall be known as the Olympic National Park, and all lands formerly included in the Mount Olympus National Monument and not included in the above description are transferred to and made a part of the Olympic National Forest.
(June 29, 1938, ch. 812, §1,
Land Exchange With City of Tacoma, Washington
Acquisition of Certain Buildings, Etc.; Appropriation
Act Dec. 6, 1944, ch. 506,
Section Referred to in Other Sections
This section is referred to in
§251a. Additional lands
Title to State, county, and private lands situated north of the line between townships 27 and 28 north, Willamette base and meridian, Washington, and within the boundaries of the Olympic National Park as now or hereafter established by proclamation of the President of the United States, shall be subject to acceptance under the provisions of
(Dec. 22, 1942, ch. 800,
Section Referred to in Other Sections
This section is referred to in
§251b. Exchange of lands
The Secretary of the Interior is authorized to exchange approximately six thousand six hundred eight and ninety-six one-hundredths acres of land adjacent to the Queets Corridor and Ocean Strip portions of Olympic National Park, which were originally acquired by the Federal Government for public works purposes, for lands and interest in lands not in Federal ownership within the exterior boundaries of the park: Provided, That the lands so exchanged shall be of approximately equal value.
(
Section Referred to in Other Sections
This section is referred to in
§251c. Administration of acquired lands
Lands acquired pursuant to the exchange authority contained herein shall be administered as a part of Olympic National Park in accordance with the laws and regulations applicable to the park.
(
References in Text
Herein, referred to in text, means
Section Referred to in Other Sections
This section is referred to in
§251d. Applicability to privately owned lands
The provisions of
(
Section Referred to in Other Sections
This section is referred to in
§251e. Boundary revision
The boundaries of Olympic National Park as established by
(
Section Referred to in Other Sections
This section is referred to in
§251f. Consultation by Secretary with Governor, local officials, and affected landowners; notice to Congressional committees; publication in Federal Register
The Secretary of the Interior (hereinafter referred to as the "Secretary") shall, beginning within thirty days after October 21, 1976, consult with the Governor of the State of Washington, the Board of Commissioners of Clallam County, and the affected landowners, and shall locate a boundary encompassing all of the shoreline of Lake Ozette, including privately owned aquatic lands not within the boundary of the park on October 21, 1976: Provided, That such boundary shall be located not less than two hundred feet set back from the ordinary high-water mark of Lake Ozette: Provided further, That the privately owned lands encompassed within the park by such boundary shall not exceed one thousand five hundred acres. The Secretary shall, within one hundred and eighty days after October 21, 1976, and following reasonable notice in writing to the Committees on Interior and Insular Affairs of the Senate and House of Representatives of his intention to do so, publish in the Federal Register a detailed description of the boundary located pursuant to this section. Upon such publication the Secretary is authorized to revise the map on file pursuant to
(
References in Text
Change of Name
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 No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§251g. Land acquisition; study and investigation of use of private lands; transmittal to President and Congress; transfer of lands to Secretary of Agriculture; excluded property within Indian reservation; continuation of concession contracts; termination of concession contracts and purchase of possessory interest; Indian hunting and fishing rights
Notwithstanding any other provision of law, within the boundaries of the park as revised by and pursuant to
(
References in Text
Act of October 9, 1965, referred to in text, is
Section Referred to in Other Sections
This section is referred to in
§251h. Property retention rights; compensation at fair market value; "improved property" defined
(1) Any owner or owners of improved property within the boundaries of the park, as revised by and pursuant to
(2) As used in
(
References in Text
Section Referred to in Other Sections
This section is referred to in
§251i. Land acquisition of privately owned land; report to Congress; condemnation proceedings; compensation
The Secretary is directed to acquire in fee all other privately owned lands added to the park by and pursuant to
(
References in Text
Section Referred to in Other Sections
This section is referred to in
§251j. Property retention rights of landowners; use and occupancy improvements; plan to be submitted to Secretary; approval evidenced by issuance of permit and certificate; limitation on acquisition power of Secretary
Notwithstanding the provisions of
(
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "of".
§251k. Economic dislocation in land acquisition; exchange of lands; transfers of land within a national forest; concurrence of Secretary of Agriculture
In order to minimize economic dislocation in acquiring property within the park, the Secretary may acquire with the consent of the owner, lands and interests in lands outside the boundaries of the park, but within the State of Washington, and with the concurrence of the Secretary of Agriculture, he may utilize lands and interests therein within a national forest in the State of Washington hereby authorized to be transferred to the Secretary, for the purpose of exchanging lands and interests so acquired or transferred for property within the park.
(
Land Exchanges
Section Referred to in Other Sections
This section is referred to in
§251l. Retrocession of lands to State; Quileute Indian Reservation jurisdiction; concurrent legislative jurisdiction with State
Effective upon acceptance thereof by the State of Washington (1) the jurisdiction which the United States acquired over those lands excluded from the boundaries of Olympic National Park by
(
References in Text
Section Referred to in Other Sections
This section is referred to in
§251m. Authorization of appropriations
There is hereby authorized to be appropriated not to exceed $23,700,000 for the acquisition of lands, privately owned aquatic lands, or interests therein in accordance with the provisions of
(
References in Text
Amendments
1980—
Section Referred to in Other Sections
This section is referred to in
§251n. Additional boundary revision
(a) The boundary of Olympic National Park, Washington, is hereby revised to include within the park—
(1) all submerged lands and waters of Lake Ozette, Washington, and the Ozette River, Washington;
(2) all surveyed and unsurveyed islands, above the point of lowest low tide, lying off the coast of the State of Washington in the Pacific Ocean between latitudes 48 degrees 23 minutes north and 47 degrees 34 minutes north: Provided, That such lands as are identified in this paragraph shall continue to be open to fishing and to the taking of shellfish in conformity with the laws and regulations of the State of Washington;
(3) those lands between mean high tide and the lowest low tide beginning in section 22, township 24 north, range 13 west Willamette meridian, at the common boundary between the Olympic National Park and the Quinault Indian Reservation, to section 18, township 32 north, range 15 west Willamette meridian, at the common boundary between the Olympic National Park and the Makah Indian Reservation, except those lands directly adjacent to and west of the Hoh, Ozette, and Quillayute Indian Reservations: Provided, That such lands as are identified in this paragraph shall continue to be open to fishing and to the taking of shellfish in conformity with the laws and regulations of the State of Washington; and
(4) approximately nine thousand six hundred and thirty-eight acres, and to exclude from the park approximately three thousand three hundred and fifty-two acres, as generally depicted on the maps entitled "Boundary Modifications, Olympic National Forest and Olympic National Park", numbered 149/60,030A, sheets 1 through 9, and dated September 1986, which shall be on file and available for public inspection in the office of the National Park Service, United States Department of the Interior.
(b) The boundary of Olympic National Forest, Washington, is hereby revised to include in the national forest approximately three thousand three hundred and fifty-two acres and to exclude from the national forest approximately nine thousand three hundred and twenty-four acres, as generally depicted on the maps entitled "Boundary Modifications, Olympic National Forest and Olympic National Park", numbered 149/60,030A, sheets 1 through 9, and dated September 1986, which shall be on file and available for public inspection in the office of the Forest Service, United States Department of Agriculture.
(
Amendments
1988—Subsec. (a)(2).
Subsec. (b).
Transfer of Administrative Jurisdiction of Exchanged Park and Forest Lands; Authorization of Appropriations
Sections 2 to 5 of
"
"(b) Federal lands, waters, and interests therein formerly within the boundary of Olympic National Park which are excluded therefrom pursuant to section 1 of this Act [
"
"(b) For the purpose of section 7 of the Land and Water Conservation Fund Act of 1965 (
"
§252. Disposal of mineral rights
In the areas of said park lying east of the range line between ranges 9 and 10 and north of the seventh standard parallel, and east of the range line between ranges 4 and 5 west, Willamette meridian, all mineral deposits of the classes and kinds now subject to location, entry, and patent under the mining laws of the United States shall be, exclusive of the land containing them, subject to disposal under such laws for a period of five years from June 29, 1938, with rights of occupation and use of so much of the surface of the land as may be required for all purposes reasonably incident to the mining or removal of the minerals and under such general regulations as may be prescribed by the Secretary of the Interior.
(June 29, 1938, ch. 812, §2,
References in Text
The mining laws of the United States, referred to in text, are classified generally to Title 30, Mineral Lands and Mining.
Section Referred to in Other Sections
This section is referred to in
§253. Apportionment of income among counties
The income of each county receiving moneys from the Olympic National Forest, under
(June 29, 1938, ch. 812, §3,
Section Referred to in Other Sections
This section is referred to in
§254. Administration, protection, and development
The administration, protection, and development of the Olympic National Park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(June 29, 1938, ch. 812, §4,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§255. Effect on existing homestead, mineral, etc., entries; revision of boundaries
Nothing contained herein shall affect any valid existing claim, location, or entry made under the land laws of the United States, whether for homestead, mineral, right-of-way, or any other purpose whatsoever, or shall affect the right of any such claimant, locator, or entryman to the full use and enjoyment of his land, nor the rights reserved by treaty to the Indians of any tribes. The boundaries of Olympic National Park may be revised only by Act of Congress.
(June 29, 1938, ch. 812, §5,
References in Text
Herein, referred to in text, means act June 29, 1938, which is classified to
The land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands.
Amendments
1976—
Proclamation No. 3003
Proc. No. 3003, Jan. 6, 1953, 18 F.R. 169, enlarged the Olympic National Park by adding to it certain lands within the Olympic National Forest.
Section Referred to in Other Sections
This section is referred to in
§256. Acceptance of land ceded by State of Washington; assumption of jurisdiction
The provisions of the act of the Legislature of the State of Washington, approved March 8, 1941 (
(Mar. 6, 1942, ch. 151, §1,
References in Text
Act of State of Washington "approved March 8, 1941", referred to in text, may be found in Rem. Rev. St., §8110–1 and Revised Code of Washington Annotated, §37.08.210.
Section Referred to in Other Sections
This section is referred to in
§256a. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section, act Mar. 6, 1942, ch. 151, §2,
§256b. Hunting and fishing; general rules and regulations; protection of property; violation of statutes or rules; penalties
All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of the park, nor shall any fish be taken out of any of the waters of the park, except at such seasons and at such times and in such manner as may be directed by the Secretary of the Interior. The Secretary of the Interior shall make and publish such general rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonderful objects within the park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the waters in the park. Possession within the park of the dead bodies or any part thereof of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, stage or express company, railway or other transportation company, who knows or has reason to believe that such wild birds, fish, or animals were taken or killed contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior, and who receives for transportation the dead bodies or any part thereof of the wild birds, fish, or animals so taken or killed, or who shall violate any of the other provisions of this Act, or the rules and regulations, with reference to the management and care of the park, or for the protection of the property therein, for the preservation from injury or spoliation of timber, mineral deposits, natural curiosities, or wonderful objects within the park, or for the protection of the animals, birds, and fish in the park, or who shall within the park commit any damage, injury, or spoliation to or upon any building, fence, sign, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits, natural curiosities, or other matter or thing growing or being thereon, or situated therein, shall be deemed guilty of a class B misdemeanor in accordance with provisions of title 18.
(Mar. 6, 1942, ch. 151, §3,
References in Text
This Act, referred to in text, is act Mar. 6, 1942, which is classified to
Amendments
1988—
Section Referred to in Other Sections
This section is referred to in
§256c. Forfeiture of property used in hunting, fishing, etc.
All guns, bows, traps, nets, seines, fishing tackle, clothing, teams, horses, machinery, logging equipment, motor vehicles, aircraft, boats, or means of transportation of every nature or description used by any person or persons or organizations within the limits of the park when engaged in or attempting to engage in killing, trapping, ensnaring, taking or capturing such wild birds, fish or animals, or taking, destroying or damaging such trees, plants, or mineral deposits contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior shall be forfeited to the United States and may be seized by the officers in the park and held pending prosecution of any person or persons or organization arrested under or charged with violating the provisions of this Act, and upon conviction under this Act of such persons or organizations using said guns, bows, traps, nets, seines, fishing tackle, clothing, teams, horses, machinery, logging equipment, motor vehicles, aircraft, boats, or other means of transportation of every nature and description used by any person or persons or organization, such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior: Provided, That the forfeiture of teams, horses, machinery, logging equipment, motor vehicles, aircraft, boats, or other means of transportation shall be in the discretion of the Court.
(Mar. 6, 1942, ch. 151, §4,
References in Text
This Act, referred to in text, is act Mar. 6, 1942, which is classified to
Amendments
1988—
Section Referred to in Other Sections
This section is referred to in
§§256d to 256h. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 256d, acts Mar. 6, 1942, ch. 151, §5,
Section 256e, act Mar. 6, 1942, ch. 151, §6,
Section 256f, act Mar. 6, 1942, ch. 151, §7,
Section 256g, act Mar. 6, 1942, ch. 151, §8,
Section 256h, act Mar. 6, 1942, ch. 151, §9,
§256i. Notice to Governor of Washington; application of laws to subsequently accepted lands
The Secretary of the Interior shall notify in writing the Governor of the State of Washington of the passage and approval of this Act, and of the fact that the United States assumes police jurisdiction over the park. Upon the acceptance by the Secretary of the Interior of further cessions of jurisdiction over lands now or hereafter included in the Olympic National Park, the provisions of
(Mar. 6, 1942, ch. 151, §10,
References in Text
This Act, referred to in text, is act Mar. 6, 1942, which is classified to
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER XXVIII—CUMBERLAND GAP NATIONAL HISTORICAL PARK
§261. Establishment; description of area
When title to such lands, structures, and other property in the Cumberland Gap-Cumberland Ford areas, being portions of the Warriors Path of the Indians and Wilderness Road of Daniel Boone, within Bell and Harlan Counties, Kentucky; Lee County, Virginia; and Claiborne County, Tennessee; as may be determined by the Secretary of the Interior as necessary or desirable for national historical park purposes, shall have been vested in the United States, such area or 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 Cumberland Gap National Historical Park: Provided, That the United States shall not purchase by appropriation of public moneys any lands within the aforesaid areas.
(June 11, 1940, ch. 304, §1,
Amendments
1943—Act May 26, 1943, omitted proviso relating to inclusion of certain specified lands.
Section Referred to in Other Sections
This section is referred to in
§262. Total area; consent of Congress to acquisition of lands and property and transfer thereof to United States
The total area of the Cumberland Gap National Historical Park, as determined pursuant to this subchapter, shall comprise not less than six thousand acres and shall not exceed fifty thousand acres, and lands may be added to the park following its establishment within the aforesaid limitations. The park shall not include any land within the city limits of Middlesboro and Pineville, Kentucky; Cumberland Gap, Tennessee; which the proper officials thereof shall indicate to the Secretary of the Interior prior to the establishment of said park are required for expansion of said cities.
(a) The consent of Congress is given to the States of Tennessee, Kentucky, and Virginia to enter into a compact providing for (1) the acquisition of the lands, structures, and other property in the Cumberland Gap-Cumberland Ford areas referred to in
(b) The right to alter, amend, or repeal this section is expressly reserved.
(June 11, 1940, ch. 304, §2,
Amendments
1943—Act May 26, 1943, among other changes, inserted minimum acreage limitation in first par. and added pars. (a) and (b).
§263. Acceptance of donations
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 historical park as determined and fixed under this subchapter, and donations of funds for the purchase and maintenance thereof: 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
(June 11, 1940, ch. 304, §3,
References in Text
§264. Administration, protection, and development
The administration, protection, and development of the aforesaid national historical park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(June 11, 1940, ch. 304, §4,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§265. Addition of lands
The Secretary of the Interior may acquire for addition to Cumberland Gap National Historical Park the following described land and interests in land, located in Bell County, Kentucky: Provided, That appropriated funds may not be used to pay more than one-half the cost of such acquisition.
Beginning at a concrete marker on the west boundary of Cumberland Gap National Historical Park and being on the south margin of Avondale Avenue in the city of Middlesboro, Kentucky, and also on the south bank of Davis Branch; thence along the park boundary the following courses and distances;
South 24 degrees 50 minutes west, 196.79 feet; thence south 30 degrees 02 minutes west, 129.95 feet to a stake; thence south 12 degrees 22 minutes west, 31.82 feet; thence south 80 degrees 38 minutes west, 143.36 feet; thence south 88 degrees 04 minutes west, 100 feet; thence north 86 degrees 14 minutes west, 100 feet; thence north 80 degrees 33 minutes west, 100 feet; thence north 77 degrees 42 minutes west, 186.40 feet;
Thence north 82 degrees 51 minutes west, 271.55 feet; thence leaving the park boundary and following along the south right-of-way of Clydesdale Avenue south 71 degrees 39 minutes west, 310 feet, more or less, to the north right-of-way of United States Highway 25E;
Thence along the said highway right-of-way south 82 degrees 09 minutes west, 317 feet, more or less, to its intersection with the north right-of-way of Clydesdale Avenue; thence along the north right-of-way of Clydesdale Avenue north 70 degrees 09 minutes east, 423 feet, more or less, to a point on the park boundary;
Thence with the park boundary the following courses and distances: south 86 degrees 39 minutes west, 261.44 feet; thence south 81 degrees 26 minutes west, 147.66 feet; thence north 6 degrees 55 minutes west, 49.23 feet; thence south 83 degrees 04 minutes west, 980 feet; thence north 6 degrees 55 minutes west, 135 feet, more or less, to a point in the middle of Little Yellow Creek;
Thence leaving the park boundary and up the center of the meanders of Little Yellow Creek, 2,562 feet, more or less, to a point in the middle of Little Yellow Creek which is also a point in the middle of Davis Branch;
Thence leaving Little Yellow Creek and along the center of Davis Branch, 400 feet, more or less, to the south margin of Avondale Avenue; thence with the south right-of-way of Avondale Avenue south 55 degrees 44 minutes east, 5 feet, more or less, to the point of beginning, said tract containing 9.0 acres, more or less.
(
Codification
Section was not enacted as part of act June 11, 1940, ch. 304,
Appropriations
Section 2 of
§266. Authorization of appropriations for acquisition of additional lands
For the acquisition of lands authorized in
(
Codification
Section was not enacted as part of act June 11, 1940, ch. 304,
§267. Authority of Secretary to acquire additional lands
Notwithstanding the provisions of this subchapter, the Secretary of the Interior is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange not to exceed 60 acres of land or interests in land located in Bell County, Kentucky, and Claiborne County, Tennessee, for addition to and inclusion in the said national historical park which, upon acquisition, shall become a part of the Cumberland National Historical Park subject to the laws, rules, and regulations governing such park.
(
Codification
Section was not enacted as part of act June 11, 1940, ch. 304,
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER XXIX—CANYONLANDS NATIONAL PARK
§271 . Establishment; description of area
In order to preserve an area in the State of Utah possessing superlative scenic, scientific, and archeologic features for the inspiration, benefit, and use of the public, there is hereby established the Canyonlands National Park which, subject to valid existing rights, shall comprise the area generally depicted on the drawing entitled "Boundary Map, Canyonlands National Park, Utah", numbered 164–91004 and dated June 1970, which shows the boundaries of the park having a total of approximately three hundred and thirty-seven thousand two hundred and fifty-eight acres. The map is on file and available for public inspection in the offices of the National Park Service, Department of the Interior.
(
Amendments
1971—
§271a . Acquisition of lands; authority of Secretary; exchange of property; cash equalization payments; transfer from Federal agency to administrative jurisdiction of Secretary; lands subject to reclamation and power withdrawals
Within the area which lies within the boundaries of the park, the Secretary of the Interior is authorized to acquire lands and interests in lands by such means as he may deem to be in the public interest. The Secretary may accept title to any non-Federal property within the park, including State-owned school sections and riverbed lands, and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction within the State of Utah, notwithstanding any other provision of law. The properties so exchanged shall be of the same classification, as near as may be, and shall be of approximately equal value, and the Secretary shall take administrative action to complete transfer on any lands in a proper application by the State of Utah on or before the expiration of one hundred twenty days following the date of enactment of this Act [September 12, 1964] or any amendment thereto: 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. Federal property located within the boundaries of the park may, with the concurrence of the agency having custody thereof, be transferred to the administrative jurisdiction of the Secretary of the Interior, without consideration, for use by him in carrying out the purposes of this subchapter. Any lands within the boundaries of the park which are subject to Bureau of Reclamation or Federal Power Commission withdrawals are hereby freed and exonerated from any such withdrawal and shall, on September 12, 1964, become a part of the Canyonlands National Park subject to no qualifications except those imposed by this subchapter or any amendment thereto.
(
References in Text
Date of enactment of this Act or any amendment thereto, referred to in text, means Sept. 12, 1964, date of enactment of
Amendments
1971—
Transfer of Functions
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
§271b . Grazing privileges; right of occupancy or use for fixed term of years; renewal
Where any Federal lands included within the Canyonlands National Park are legally occupied or utilized on the date of approval of this Act or any amendment thereto for grazing purposes, pursuant to a lease, permit, or license for a fixed term of years issued or authorized by any department, establishment, or agency of the United States, the Secretary of the Interior shall permit the persons holding such grazing privileges to continue in the exercise thereof during the term of the lease, permit, or license, and one period of renewal thereafter.
(
References in Text
Date of approval of this Act or any amendment thereto, referred to in text, means Sept. 12, 1964, date of enactment of
Amendments
1971—
§271c . Access roads
(a) Entrance roads and connections; administrative headquarters sites
In order to provide suitable access to the Canyonlands National Park and facilities and services required in the operation and administration of the park, the Secretary may select the location or locations of an entrance road or roads to such park and to points of interest therein from United States Route 160 and State Routes 24 and 95, including necessary entrance and related administrative headquarters sites upon lands located outside the park, and he may select a suitable location or locations outside the park for connections between entrance roads and between roads lying within the Canyonlands National Park.
(b) Acquisition of lands; authority of Secretary; rights-of-way acreage limitation; administration
To carry out the purposes of this section, the Secretary may acquire non-Federal lands or interests in lands by donation, purchase, condemnation, exchange, or such other means as he may deem to be in the public interest: Provided, That lands and interests in lands acquired outside the park as rights-of-way for said entrance roads and connections shall not exceed an average of one hundred twenty-five acres per mile. Rights-of-way and entrance and administrative sites acquired pursuant to this authority shall be administered pursuant to such special regulations as the Secretary may promulgate in furtherance of the purposes of this section.
(c) Parkway standards for entrance roads and connections; approval of Secretary of Agriculture for construction of roads crossing national forest land
The Secretary may construct, reconstruct, improve, and maintain upon the lands or interests in lands acquired pursuant to this section, or otherwise in Government ownership, an entrance road or roads and connections of parkway standards, including necessary bridges and other structures and utilities as necessary, and funds appropriated for the National Park Service shall be available for these purposes: Provided, That if any portion of such road or roads crosses national forest land the Secretary shall obtain the approval of the Secretary of Agriculture before construction of such portion shall begin.
(d) Forest road; cooperation of Secretary of the Interior with Secretary of Agriculture; extension
The Secretary is hereby authorized to cooperate with the Secretary of Agriculture in the location and extension of a forest development road from State Route 95 and may extend the same from the national forest boundary to the park and points of interest therein in accordance with the applicable provisions of this section.
(
§271d . Administration, protection, and development
Subject to the provisions of this subchapter, the administration, protection, and development of the Canyonlands National Park, as established pursuant to this subchapter, shall be exercised by the Secretary of the Interior in accordance with the provisions of
(
§271e . Report to President
Within three years from November 12, 1971, 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 park 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.
(
§271f . Omitted
Codification
Section,
§271g . Authorization of appropriations
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, $104,500 for the acquisition of lands and not to exceed $5,102,000 (April 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 indexes applicable to the types of construction involved herein. The sums authorized in this section shall be available for acquisition and development in the areas added by this subchapter.
(
Amendments
1976—
SUBCHAPTER XXX—ARCHES NATIONAL PARK
§272 . Establishment
(a) Description of area
Subject to valid existing rights, the lands, waters, and interests therein within the boundary generally depicted on the map entitled "Boundary Map, Proposed Arches National Park, Utah," numbered RPSSC–138–20, 001E and dated September 1969, are hereby established as the Arches National Park (hereinafter referred to as the "park"). Such map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.
(b) Abolition of Arches National Monument; funds of monument available for park; administration of lands excluded from monument
The Arches National Monument is hereby abolished, and any funds available for purposes of the monument shall be available for purposes of the park. Federal lands, waters, and interests therein excluded from the monument by this subchapter shall be administered by the Secretary of the Interior (hereinafter referred to as the "Secretary") in accordance with the laws applicable to the public lands of the United States.
(
Section Referred to in Other Sections
This section is referred to in
§272a . Acquisition of property for park; authority of Secretary; State property
The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, transfer from any Federal agency, exchange or otherwise, the lands and interests in lands described in
(
§272b . Grazing privileges within park; right of occupancy or use for fixed term of years; renewal
Where any Federal lands included within the park are legally occupied or utilized on November 12, 1971, for grazing purposes, pursuant to a lease, permit, or license for a fixed term of years issued or authorized by any department, establishment, or agency of the United States, the Secretary of the Interior shall permit the persons holding such grazing privileges or their heirs to continue in the exercise thereof during the term of the lease, permit, or license, and one period of renewal thereafter.
(
§272c . Livestock trails, watering rights; driveway designation and regulation
Nothing in this subchapter shall be construed as affecting in any way any rights of owners and operators of cattle and sheep herds, existing on the date immediately prior to November 12, 1971, to trail their herds on traditional courses used by them prior to November 12, 1971, and to water their stock, notwithstanding the fact that the lands involving such trails and watering are situated within the park: Provided, That the Secretary may designate driveways and promulgate reasonable regulations providing for the use of such driveways.
(
§272d . Administration, protection, and development; report to President
(a) The National Park Service, under the direction of the Secretary, shall administer, protect, and develop the park, subject to the provisions of
(b) Within three years from November 12, 1971, the Secretary of the Interior shall report to the President, in accordance with subsections 3(c) and 3(d) of the Wilderness Act [
(
References in Text
The Wilderness Act, referred to in subsec. (b), is
§272e . Omitted
Codification
Section,
§272f . Authorization of appropriations
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, $275,000 for the acquisition of lands and interests in lands and not to exceed $1,031,800 (April 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. The sums authorized in this section shall be available for acquisition and development undertaken subsequent to November 12, 1971.
(
Amendments
1976—
SUBCHAPTER XXXI—CAPITOL REEF NATIONAL PARK
§273 . Establishment
(a) Description of area
Subject to valid existing rights, the lands, waters, and interests therein within the boundary generally depicted on the map entitled "Boundary Map, Proposed Capitol Reef National Park, Utah," numbered 158–91,002, and dated January 1971, are hereby established as the Capitol Reef National Park (hereinafter referred to as the "park"). Such map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.
(b) Abolition of Capitol Reef National Monument; funds of monument available for park; administration of lands excluded from monument
The Capitol Reef National Monument is hereby abolished, and any funds available for purposes of the monument shall be available for purposes of the park. Federal lands, waters, and interests therein excluded from the monument by this subchapter shall be administered by the Secretary of the Interior (hereinafter referred to as the "Secretary") in accordance with the laws applicable to the public lands of the United States.
(
Section Referred to in Other Sections
This section is referred to in
§273a . Acquisition of property; authority of Secretary; State property
The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, transfer from any Federal agency, exchange, or otherwise, the lands and interests in lands described in
(
§273b . Grazing privileges; right of occupancy or use for fixed term of years; renewal
Where any Federal lands included within the park are legally occupied or utilized on December 18, 1971, for grazing purposes, pursuant to a lease, permit, or license for a fixed term of years issued or authorized by any department, establishment, or agency of the United States, the Secretary of the Interior shall permit the persons holding such grazing privileges or their heirs to continue in the exercise thereof during the term of the lease, permit, or license, and one period of renewal thereafter.
(
Renewal of Capitol Reef National Park Grazing Authorizations
"(a) Grazing will be based on active preference that exists on the date of this Act [Sept. 27, 1988] and no increase in animal unit months will be allowed on Park lands.
"(b) No physical improvements for stock use will be established on National Park Service lands without the written concurrence of the Park Superintendent.
"(c) Nothing in this section shall apply to any lease, permit, or license for mining purposes or for public accommodations and services or to any occupancy or utilization of lands for purely temporary purposes.
"(d) Nothing contained in this Act [see Tables for classification] shall be construed as creating any vested right, title interest, or estate in or to any Federal lands.
"(e) The provisions of
"(f) Grazing will be managed to encourage the protection of the Park's natural and cultural resources values."
Study of Grazing Phaseout at Capitol Reef National Park
§273c . Livestock trails, watering rights; driveway regulations
Nothing in this subchapter shall be construed as affecting in any way rights of owners and operators of cattle and sheep herds, existing on the date immediately prior to December 18, 1971, to trail their herds on traditional courses used by them prior to December 18, 1971, and to water their stock, notwithstanding the fact that the lands involving such trails and watering are situated within the park: Provided, That the Secretary may promulgate reasonable regulations providing for the use of such driveways.
(
§273d . Administration, protection, and development
(a) Authority of Secretary
The National Park Service, under the direction of the Secretary, shall administer, protect, and develop the park, subject to the provisions of
(b) Easements and rights-of-way
The Secretary shall grant easements and rights-of-way on a nondiscriminatory basis upon, over, under, across, or along any component of the park area unless he finds that the route of such easements and rights-of-way would have significant adverse effects on the administration of the park.
(c) Report by Secretary
Within three years from December 18, 1971, the Secretary of the Interior shall report to the President, in accordance with subsections 3(c) and 3(d) of the Wilderness Act [
(
References in Text
The Wilderness Act, referred to in subsec. (c), is
§273e . Omitted
Codification
Section,
§273f . Authorization of appropriations
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, $2,173,000 for the acquisition of lands and interests in lands and not to exceed $1,373,000 for development. The sums authorized in this section shall be available for acquisition and development undertaken subsequent to December 18, 1971.
(
Amendments
1978—
1976—
SUBCHAPTER XXXII—NEZ PERCE NATIONAL HISTORICAL PARK
§281. Purpose
It is the purpose of this subchapter to facilitate protection and provide interpretation of sites in the Nez Perce country of Idaho and in the States of Oregon, Washington, Montana, and Wyoming that have exceptional value in commemorating the history of the Nation.
(
Amendments
1992—
Short Title of 1992 Amendment
Section 1 of
§281a. Designation
To implement this purpose the Secretary of the Interior may designate as the Nez Perce National Historical Park various component sites in Federal and non-Federal ownership relating to the early Nez Perce culture, the Lewis and Clark Expedition through the area, the fur trade, missionaries, gold mining and logging, the Nez Perce war of 1877, and such other sites as he finds will depict the role of the Nez Perce country in the westward expansion of the Nation. Sites to be so designated shall include—
(1) Tolo Lake, Idaho;
(2) Looking Glass' 1877 Campsite, Idaho;
(3) Buffalo Eddy, Washington and Idaho;
(4) Traditional Crossing Near Doug Bar, Oregon and Idaho;
(5) Camas Meadows Battle Sites, Idaho;
(6) Joseph Canyon Viewpoint, Oregon;
(7) Traditional Campsite at the Fork of the Lostine and Wallowa Rivers, Oregon;
(8) Burial Site of Chief Joseph the Younger, Washington;
(9) Nez Perce Campsites, Washington;
(10) Big Hole National Battlefield, Montana;
(11) Bear's Paw Battleground, Montana;
(12) Canyon Creek, Montana; and
(13) Hasotino Village, Idaho;
each as described in the National Park Service document entitled "Nez Perce National Historical Park Additions Study", dated 1990 and Old Chief Joseph's Gravesite and Cemetery, Oregon, as depicted on the map entitled "Nez Perce Additions", numbered 429–20–018, and dated September, 1991. Lands added to the Big Hole National Battlefield, Montana, pursuant to paragraph (10) shall become part of, and be placed under the administrative jurisdiction of, the Big Hole National Battlefield, but may be interpreted in accordance with the purposes of this subchapter.
(
Amendments
1992—
Cross References
Big Hole National Battlefield, Montana, see
§281b. Acquisition of lands; restrictions; tribal-owned lands
The Secretary of the Interior may acquire by donation or with donated funds such lands, or interests therein, and other property which in his judgment will further the purpose of this subchapter and he may purchase with appropriated funds land, or interests therein, required for the administration of the Nez Perce National Historical Park. Lands or interests therein owned by a State or political subdivision of a State may be acquired under this section only by donation or exchange. In the case of sites designated as components of the Nez Perce National Historical Park after November 1, 1991, the Secretary may not acquire privately owned land or interests in land without the consent of the owner unless the Secretary finds that—
(1) the nature of land use has changed significantly or that the landowner has demonstrated intent to change the land use significantly from the condition which existed on October 30, 1992;
(2) the acquisition by the Secretary of such land or interest in land is essential to assure its use for purposes set forth in this subchapter; and
(3) such lands or interests are located—
(A) within an area depicted on Sheet 3, 4, or 5 of the map entitled "Nez Perce Additions", numbered 429–20018, and dated September 1991, or
(B) within the 8-acre parcel of Old Chief Joseph's Gravesite and Cemetery, Oregon, depicted as "Parcel A" on Sheet 2 of such map.
The Nez Perce Tribe's governing body, if it so desires, with the approval of the Secretary of the Interior, is authorized to sell, donate, or exchange tribal-owned lands held in trust needed to further the purpose of this subchapter.
(
Amendments
1992—
§281c. Inclusion of lands
(a) Indian trust land; Federal-ownership sites; cooperation with Nez Perce Tribe and administrative agencies in research, services, and facilities for public access, use and enjoyment, and conservation of resources
Indian trust land may be designated by the Secretary of the Interior for inclusion in the Nez Perce National Historical Park with the concurrence of the beneficial owner. Sites in Federal ownership under the administrative jurisdiction of other Government agencies may likewise be designated by the Secretary of the Interior for inclusion in the Nez Perce National Historical Park with the concurrence of the agency having administrative responsibility therefor, but such designation shall effect no transfer of administrative control unless the administering agency consents thereto. The Secretary of the Interior may cooperate with the Nez Perce Tribe or the administering agency, as the case may be, in research into and interpretation of the significance of any site so designated and in providing desirable interpretive services and facilities and other facilities required for public access to and use and enjoyment of the site and in conservation of the scenic and other resources thereof.
(b) Cooperative agreements with property owners of non-Federal property; access; written consent for changes in properties, buildings, and grounds; other provisions
The Secretary of the Interior may enter into cooperative agreements with the owners of property which, under the provisions of this subchapter, may be designated for inclusion in Nez Perce National Historical Park as sites in non-Federal ownership, and he may assist in the preservation, renewal, and interpretation of the properties, provided the cooperative agreements shall contain, but not be limited to, provisions that: (1) the Secretary has right of access at all reasonable times to all public portions of the property for the purpose of conducting visitors through the property and interpreting it to the public, and (2) no changes or alterations shall be made in the properties, including buildings and grounds, without the written consent of the Secretary.
(
Amendments
1992—Subsec. (a).
§281d. Establishment; notice in Federal Register; administration
When the Secretary of the Interior determines that he has acquired title to, or interest in, sufficient properties or determines that he has entered into appropriate cooperative agreements with owners of non-Federal properties, or any combination thereof including the designation of sites already in Federal ownership, he shall by publication in the Federal Register establish the Nez Perce National Historical Park and thereafter administer the Federal property under his administrative jurisdiction in accordance with
(
§281e. Contracts and cooperative agreements with State of Idaho, and others
(a) Protection, preservation, maintenance, and operation; obligation of general fund of Treasury
In order to carry out the purpose of this subchapter, the Secretary of the Interior may contract and make cooperative agreements with the States of Idaho, Oregon, Washington, Montana, Wyoming, their political subdivisions or agencies, corporation, associations, the Nez Perce Tribe, or individuals, to protect, preserve, maintain, or operate any site, object, or property included within the Nez Perce National Historical Park, regardless of whether title thereto is in the United States: Provided, That no contract or cooperative agreement shall be made or entered into which will obligate the general fund of the Treasury unless or until Congress has appropriated money for such purpose.
(b) Erection and maintenance of tablets and markers
To facilitate the interpretation of the Nez Perce country the Secretary is authorized to erect and maintain tablets or markers in accordance with the provisions contained in
(c) Consultation with Nez Perce Tribe officials
The Secretary shall consult with officials of the Nez Perce Tribe on the interpretation of the park and its history.
(
Amendments
1992—Subsec. (a).
Subsec. (c).
§281f. Authorization of appropriations
There are hereby authorized to be appropriated the sums of not more than $2,130,000 for the acquisition of lands and interests in land and not more than $9,300,000 for construction, restoration work, and other improvements at the Nez Perce National Historical Park under this subchapter.
(
Amendments
1992—
1976—
SUBCHAPTER XXXIII—SAN JUAN ISLAND NATIONAL HISTORICAL PARK
§282. Acquisition of property; purpose; authority of Secretary; manner and place; donation of State lands
The Secretary of the Interior is authorized to acquire on behalf of the United States by donation, purchase with donated or appropriated funds, or by exchange, lands, interests in lands, and such other property on San Juan Island, Puget Sound, State of Washington, as the Secretary may deem necessary for the purpose of interpreting and preserving the sites of the American and English camps on the island, and of commemorating the historic events that occurred from 1853 to 1871 on the island in connection with the final settlement of the Oregon Territory boundary dispute, including the so-called Pig War of 1859. Lands or interests therein owned by the State of Washington or a political subdivision thereof may be acquired only by donation.
(
Section Referred to in Other Sections
This section is referred to in
§282a. Designation; administration, protection, and development
The property acquired under the provisions of
(
§282b. Cooperative agreements with State of Washington and others; erection and maintenance of tablets or markers
The Secretary of the Interior may enter into cooperative agreements with the State of Washington, political subdivisions thereof, corporations, associations, or individuals, for the preservation of nationally significant historic sites and structures and for the interpretation of significant events which occurred on San Juan Island, in Puget Sound, and on the nearby mainland, and he may erect and maintain tablets or markers at appropriate sites in accordance with the provisions of
(
§282c. Authorization of appropriations
There are hereby authorized to be appropriated such sums, but not more than $5,575,000 for the acquisition of lands and interests therein and for the development of the San Juan National Historical Park.1
(
Amendments
1978—
1 So in original. Probably should be "San Juan Island National Historical Park."
SUBCHAPTER XXXIV—GUADALUPE MOUNTAINS NATIONAL PARK
§283. Establishment; purposes; boundaries
(a) In order to preserve in public ownership an area in the State of Texas possessing outstanding geological values together with scenic and other natural values of great significance, the Secretary of the Interior shall establish the Guadaloupe Mountains National Park, consisting of the land and interests in land within the area shown on the drawing entitled "Proposed Guadalupe Mountains National Park, Texas", numbered SA–GM–7100C and dated February 1965, which is on file and available for public inspection in the offices of the National Park Service, Department of the Interior.
Notwithstanding the foregoing, however, the Secretary shall omit from the park sections 7 and 17, P.S.L. Block 121, in Hudspeth County, and revise the boundaries of the park accordingly if the owner of said sections agrees, on behalf of himself, his heirs and assigns that there will not be erected thereon any structure which, in the judgment of the Secretary, adversely affects the public use and enjoyment of the park.
(b) The boundary of Guadalupe Mountains National Park is hereby modified to include the area which comprises approximately 10,123 acres as generally depicted on the map entitled "Boundary Proposal" and dated August 1986, which shall be on file and available for public inspection in the office of the Director of the National Park Service and in the office of the Superintendent of the Guadalupe Mountains National Park.
(
Amendments
1988—
§283a. Acquisition of lands
(a) Authority of Secretary; manner and place; concurrence of State owner
Within the boundaries of the Guadalupe Mountains National Park, the Secretary of the Interior may acquire land or interests therein by donation, purchase with donated or appropriated funds, exchange, or in such other manner as he deems to be in the public interest. Any property, or interest therein, owned by the State of Texas, or any political subdivision thereof, may be acquired only with the concurrence of such owner.
(b) Adjacent or vicinal land; exchange of property; cash equalization payments
In order to facilitate the acquisition of privately owned lands in the park by exchange and avoid the payment of severance costs, the Secretary of the Interior may acquire approximately 4,667 acres of land or interests in land which lie adjacent to or in the vicinity of the park. Land so acquired outside the park boundary may be exchanged by the Secretary on an equal-value basis, subject to such terms, conditions, and reservations as he may deem necessary, for privately owned land located within the park. The Secretary may accept cash from or pay cash to the grantor in such exchange in order to equalize the values of the properties exchanged. In order to provide for an adequate entrance road into the McKittrick Canyon area of the park, the Secretary may accept title to and interests in lands comprising a right-of-way for a road or roads outside of the boundary of the park from United States Highway numbered 62 and 180 to the park boundary, and in exchange therefor he may convey title to and interests in lands comprising a right-of-way from said highway to the boundary which have been donated to the United States. The Secretary may accept cash from or pay cash to the grantor in such exchange in order to equalize the values of the properties exchanged. Lands and interests in lands comprising the right-of-way acquired pursuant to this subsection shall be administered as part of the park.
(
Amendments
1975—Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
§283b. Establishment; notice in Federal Register; property rights
(a) Federal title to property, donation of State and other non-Federal mineral rights and interests, and establishment; notice in Federal Register; acquisition of remaining property; purchase options pending establishment of park; contingent purchase contracts
When the title to all privately owned land within the boundary of the park, subject to such outstanding interests, rights, and easements as the Secretary determines are not objectionable, with the exception of approximately 4,574 acres which are planned to be acquired by exchange, is vested in the United States and after the State of Texas has donated or agreed to donate to the United States whatever rights and interests in minerals underlying the lands within the boundaries of the park it may have and other owners of such rights and interests have donated or agreed to donate the same to the United States, notice thereof and notice of the establishment of the Guadalupe Mountains National Park shall be published in the Federal Register. Thereafter, the Secretary may continue to acquire the remaining land and interests in land within the boundaries of the park. The Secretary is authorized, pending establishment of the park, to negotiate and acquire options for the purchase of lands and interests in land within the boundaries of the park. He is further authorized to execute contracts for the purchase of such lands and interests, but the liability of the United States under any such contract shall be contingent on the availability of appropriated or donated funds to fulfill the same.
(b) Preferential right to reconveyance of mineral rights and interests upon nonuser of lands for national park purposes; notice; period for exercise; beneficiaries
In the event said lands or any part thereof cease to be used for national park purposes, the persons (including the State of Texas) who donated to the United States rights and interests in minerals in the lands within the park shall be given notice, in accordance with regulations to be prescribed by the Secretary, of their preferential right to a reconveyance, without consideration, of the respective rights and interests in minerals which they donated to the United States. Such notice shall be in a form reasonably calculated to give actual notice to those entitled to such preferential right, and shall provide for a period of not less than one hundred and eighty days within which to exercise such preferential right. The preferential right to such reconveyance shall inure to the benefit of the successors, heirs, devisees, or assigns of such persons having such preferential right to a reconveyance, and such successors, heirs, devisees, or assigns shall be given the notice provided for in this subsection.
(c) Leases of mineral rights and interests: withdrawal from leasing; mineral leasing, sale of surplus property, and sale provisions inapplicable; subsection (c) inapplicable upon failure or refusal to exercise preferential right to reconveyance
Such rights and interests in minerals, including all minerals of whatever nature, in and underlying the lands within the boundaries of the park and which are acquired by the United States under the provisions of this subchapter are hereby withdrawn from leasing and are hereby excluded from the application of the present or future provisions of the Mineral Leasing Act for Acquired Lands [
(d) Preferential right to lease mineral rights and interests necessary for national welfare or emergency: notice, terms and conditions, beneficiaries; other leases upon failure or refusal to exercise right: terms and conditions
If at any time in the future an Act of Congress provides that the national welfare or an emergency requires the development and production of the minerals underlying the lands within the boundaries of the national park, or any portion thereof, and such Act of Congress, notwithstanding the provisions of subsection (c) of this section or any other Act, authorizes the Secretary to lease said land for the purpose of drilling, mining, developing, and producing said minerals, the Secretary shall give the persons (including the State of Texas) who donated such minerals to the United States notice of their preferential right to lease, without consideration, all or any part of the respective rights and interests in minerals which they donated to the United States, subject to such terms and conditions as the Secretary may prescribe. Such preferential right shall inure to the benefit of the successors or assigns, and of the heirs or devisees of such persons having such preferential right in the premises. The persons entitled to a preferential right under this subsection shall be given the same notice thereof as persons entitled to preferential rights under subsection (b) of this section. If such person having such preferential right fails or refuses to exercise such right within the time specified in the above notice, the Secretary may thereafter lease the minerals involved to any other person under such terms and conditions as he may prescribe.
(e) Proceeds from communitization agreement or protective action; beneficiaries
If at any time oil, gas, or other minerals should be discovered and produced in commercial quantities from lands outside of the boundaries of the park, thereby causing drainage of oil, gas, or other minerals from lands within the boundaries of the park, and if the Secretary participates in a communitization agreement or takes other action to protect the rights of the United States, the proceeds, if any, derived from such agreement or action shall inure to the benefit of the donors of the oil, gas, or other minerals, or their successors, heirs, devisees, or assigns.
(
References in Text
The Mineral Leasing Act for Acquired Lands, referred to in subsec. (c), is act Aug. 7, 1947, ch. 513,
§283c. Administration
The Guadalupe Mountains National Park shall be administered by the Secretary of the Interior in accordance with the provisions of
(
§283d. Availability of funds
Any funds available for the purpose of administering the five thousand six hundred and thirty-two acres of lands previously donated to the United States in Culberson County, Texas, shall upon establishment of the Guadalupe Mountains National Park pursuant to this subchapter be available to the Secretary for purposes of such park.
(
§283e. Authorization of appropriations; expenditure for improvements limitation
(a) There are hereby authorized to be appropriated such sums as may be necessary for the acquisition of lands and interest in lands, and not more than $24,715,000 as may be necessary for the development of the Guadalupe Mountains National Park. No funds appropriated for development purposes pursuant to this subchapter may be expended for improvements incompatible with wilderness management within the corridor of the park leading to the summit of Guadalupe Peak.
(b) In addition to amounts authorized to be appropriated under subsection (a) of this section, there is authorized to be appropriated such sums as may be necessary for the construction of a fence to protect the natural and cultural resources of the area added to Guadalupe Mountains National Park by
(
Amendments
1988—
1978—
SUBCHAPTER XXXV—WOLF TRAP FARM PARK
§284. Establishment; statement of purposes; description; acquisition of property; acreage limitation
For the purpose of establishing in the National Capital area a park for the performing arts and related educational programs, and for recreation use in connection therewith, the Secretary of the Interior is authorized to establish, develop, improve, operate, and maintain the Wolf Trap Farm Park in Fairfax County, Virginia. The park shall encompass the portions of the property formerly known as Wolf Trap Farm and Symphony Hill in Fairfax County, Virginia, to be donated for park purposes to the United States, and such additional lands or interests therein as the Secretary may acquire for purposes of the park by donation or purchase with donated or appropriated funds, the aggregate of which shall not exceed one hundred and forty-five acres.
(
Short Title
Section 12 of
Study of Park Future; Report to Congress
Section Referred to in Other Sections
This section is referred to in
§284a. Administration
The Secretary of the Interior shall administer the park in accordance with the provisions of
(
§284b. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary, but not in excess of $5,473,000, to carry out the purposes of this subchapter.
(
Amendments
1972—
§284c. Financial assistance for reconstruction of Center
(a) Grants to Foundation; amount; non-Federal contributions
The Secretary is authorized to make available to the Foundation, in the form of a grant, $9,000,000 to be used for the reconstruction of the Center, subject to the provisions of this section. Such grant shall be made available in increments as needed for such purpose and only if the Foundation has agreed under terms and conditions satisfactory to the Secretary to provide, from non-Federal sources, sufficient contributions on a timely basis to complete the reconstruction of the Center.
(b) Loans to Foundation; amount; limitation; repayment; interest; service costs; term
(1) The Secretary may make loans to the Foundation to the extent needed to complete the reconstruction of the Center and to provide for noise mitigation measures, including those on adjacent public property, in an amount equal to twice the amount of non-Federal contributions received, and provided, by the Foundation for such reconstruction work. The total amount of such loans may not exceed $8,000,000. Loans made under this subsection shall be repaid in full, with interest on any unpaid obligation at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketing obligations of the United States with remaining periods to maturity comparable to the maturity of the loan, plus such additional charge, if any, as the Secretary may determine, for the purpose of covering other costs of servicing the loan. In determining the terms and conditions governing any loan, the Secretary shall fix a term of not more than five years from the date the loan agreement is executed.
(2)(A) The term of the loans made pursuant to paragraph (1) which are outstanding on the effective date of this paragraph may not exceed the 25-year period beginning on such date. The remaining obligation of such loans shall be paid in equal annual installments, commencing June 1, 1991, except that for the first 3 payments, the payment shall be $215,000 each year. In addition, such payments (including the first 3 payments) may be reduced in any year by a credit not to exceed $60,000 annually. Such credit shall equal 100 percent of the market value of public service tickets determined at prevailing Foundation box office prices. Such credit shall be allowed only for tickets contributed to entities holding a status referred to in
(B)(i) Unpaid interest on such amount which accrued before the effective date of this paragraph is hereby forgiven.
(ii) Notwithstanding paragraph (1), there shall be no interest on the loan referred to in subparagraph (A) after the effective date of this paragraph if, within 120 days after such date, the Foundation modifies its agreement with the Secretary to implement this paragraph, paragraph (3), and
(C) Notwithstanding any other provision of law, amounts paid to the Secretary pursuant to this paragraph may be retained until expended by the Secretary, in consultation with the Foundation, for the maintenance of structures, facilities, and equipment of the Park.
(D) The Secretary shall, within 120 days after the effective date of this paragraph, submit a payment schedule to the Foundation specifying the amount of each annual payment to be made by the Foundation pursuant to this paragraph.
(3) If the Foundation is in default on its obligations under this subsection for more than 60 consecutive days, the Secretary, acting in the public interest, shall terminate the cooperative agreement described in
(c) Written agreement
No grants or loans may be made under this section unless the Secretary has entered into a written agreement with the Foundation under which the Foundation agrees—
(1) to expend all funds for the reconstruction of the Center (and for construction or reconstruction of any related structures or fixtures) only in accordance with circulars published by the Office of Management and Budget applicable to Federal grants to nonprofit organizations, and in accordance with the provisions of the Davis-Bacon Act (
(2) to comply with such other terms and conditions as the Secretary deems appropriate; and
(3) to maintain, during the term of the cooperative agreement described in
(d) Oversight and approval duties of Secretary; construction management duties of Foundation
The Secretary shall be responsible for overseeing the reconstruction and shall have final approval over the plans for, and location and design of, the Center, and the Foundation shall be responsible for managing the construction activities, including the selection (in accordance with the requirements referred to in paragraphs (1) and (2) of subsection (c) of this section) of persons to perform architectural, engineering, construction, and related services.
(e) Easement noise and other standards; enforcement measures
No grants or loans may be made under this section unless the Secretary has received what the Secretary deems to be adequate written assurance from the Administrator of the Federal Aviation Administration that any easement granted to the Commonwealth of Virginia by the Administrator for construction of the Dulles Toll Road will contain noise standards ("A" weighted energy average sound level of 52 to 54 dB) and other standards set forth in the Final Environmental Impact Statement for the Dulles Airport Access Road Outer Parallel Toll Roads, prepared by the Federal Aviation Administration and issued in May of 1982, legally enforceable by the Administrator and by the Secretary which are adequate to protect the Center from undue noise pollution and other environmental degradation attributable to such toll road both during and after its construction, and will also contain legally enforceable assurances that the Commonwealth of Virginia will promptly take measures to achieve the noise levels specified in the easement. Such measures may include a partial or total ban on truck traffic on the toll road or other mitigation recommended by the Secretary and the Administrator.
(f) Support services on reimbursable basis
The Secretary may also provide support services, as requested by the Foundation, on a reimbursable basis, for purposes of reconstruction of the Center.
(
References in Text
For effective date of this paragraph, referred to in subsec. (b)(2)(A), (B), and (D), see Effective Date of 1990 Amendment note below.
The Davis-Bacon Act (
Amendments
1994—Subsec. (b)(3).
1990—Subsec. (b).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Effective Date of 1990 Amendment
Section 4 of
"(a) The amendments made by sections 1 and 2 [amending this section and
"(b) The amendment made by section 3 [enacting provisions set out as a note under
Increase in Loan Ceiling; Funds Reimbursed to Foundation To Be Repaid to Secretary
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should not be capitalized.
§284d. Cooperative agreement with Foundation for presentation of programs
(a) Terms and conditions for Federal assistance
The Secretary is authorized and directed to enter into a cooperative agreement with the Foundation respecting the presentation of performing arts and related educational and cultural programs at the Center, and in such other areas of the park as may be agreed to. The Secretary may provide technical and financial assistance under such a cooperative agreement for such purposes, pursuant to such terms and conditions as he deems appropriate.
(b) Prerequisite conditions
As a condition of entering into a cooperative agreement under this section, the Secretary shall require that—
(1) the Foundation maintain the insurance described in
(2) the Foundation maintain its status as an organization described in
(c) Required terms and conditions; contractual authority for administration through nonconflicting agreement with other organization or entity
A cooperative agreement under this section shall provide that—
(1) the Secretary and the Comptroller General of the United States or their duly authorized representatives shall have access to any pertinent books, documents, papers, and records of the Foundation to make audits, examinations, excerpts, and transcripts;
(2) the Foundation shall prepare an annual report to the Secretary, which shall also be submitted to the appropriate committees of the United States House of Representatives and the United States Senate, summarizing the activities of the previous year (together with a comparison of goals and objectives with actual accomplishments) and presenting a plan for the forthcoming year;
(3) such cooperative agreement may be terminated at the convenience of the United States if the Secretary determines that such termination is required in the public interest; and
(4) the Foundation will maintain accounts for Foundation activities outside of the Park separate from Foundation accounts for presentation of performing arts and related programs presented at the Center and other areas of the Park.
The cooperative agreement shall contain such other terms and conditions as the Secretary deems appropriate. Until such cooperative agreement is entered into, nothing in this section shall be construed to affect or impair the validity of the agreement between the National Park Service and the Foundation dated September 16, 1980. Such agreement shall remain in force and effect until terminated under the terms and conditions of such agreement or until an agreement is entered into under this section. Nothing in this section shall be construed to affect the authority of the Secretary under any other provision of law to enter into a contract or an agreement, not conflicting with the cooperative agreement described in this section, with any other organization or entity with respect to the administration of the park.
(
Amendments
1990—Subsec. (c)(4).
1986—Subsec. (b)(2).
Effective Date of 1990 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§284e. Vested property of United States; status of Foundation
All right, title, and interest in the Center shall be vested in the United States. Nothing in this subchapter shall be construed to provide that the Foundation shall be considered to be a Federal agency or instrumentality for purposes of applying any law or regulation of the United States or of any State.
(
§284f. Reports to Congressional committees respecting reconstruction of Center
Following disbursement of any grant under this subchapter for the reconstruction of the Center, the Secretary shall submit quarterly reports to the appropriate committees of the United States House of Representatives and the United States Senate setting forth the progress of the reconstruction, any present or anticipated problems of any type, the financial projections for remaining work, and the progress made by the Foundation in raising funds for purposes of the reconstruction. The report shall set forth quarterly goals respecting the reconstruction of the Center and shall compare the performance during the prior quarter to the goals set forth for that quarter.
(
§284g. Cooperation of government agencies
(a) Protection of park
The Secretary shall cooperate with, and seek cooperation from, other Federal, State, and local agencies (including the Federal Aviation Administration) to protect the park from undue noise intrusions, air pollution, and visual degradation.
(b) Monitoring and notification of noise pollution; conforming to noise pollution standards; enjoinder of easement violations
The Secretary shall monitor noise pollution which is associated with the Dulles road corridor (including the airport access and toll roads) and shall notify the Federal Aviation Administration, the Commonwealth of Virginia, and the appropriate committees of Congress if, after conferring with the Administrator of the Federal Aviation Administration, the Secretary finds that such noise pollution is exceeding the standards set forth in
(
§284h. General management plan; preparation and revision; submittal to Congressional committees
A general management plan for the park shall be prepared and periodically revised in a timely manner in accordance with the provisions of
(
Amendments
1994—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§284i. Authorization of additional appropriations
There is authorized to be appropriated not more than $17,000,000 to carry out
(
§284j. Definitions
As used in this subchapter, the term—
(1) "Secretary" means the Secretary of the Interior.
(2) "Park" means the Wolf Trap Farm Park established under this subchapter, including the Center.
(3) "Center" means the Filene Center in the Park. Such term includes all real property and fixtures which are within or directly related to the Filene Center.
(4) "Foundation" means the Wolf Trap Foundation for the Performing Arts organized pursuant to the District of Columbia Nonprofit Organization Act [D.C. Code, §29–501 et seq.].
(
References in Text
The District of Columbia Nonprofit Corporation Act, referred to in par. (4), is
SUBCHAPTER XXXVI—GEORGE ROGERS CLARK NATIONAL HISTORICAL PARK
§291. Establishment; acceptance of land
The Secretary of the Interior is authorized to accept the donation by the State of Indiana of approximately seventeen acres of land comprising the George Rogers Clark Memorial in Vincennes, Indiana, for establishment and administration as the George Rogers Clark National Historical Park.
(
§291a. Cooperative agreements with property owners of non-Federal property
The Secretary of the Interior may enter into cooperative agreements with the owners of property in Vincennes, Indiana, historically associated with George Rogers Clark and the Northwest Territory for the inclusion of such property in the George Rogers Clark National Historical Park. Under such agreements the Secretary may assist in the preservation, renewal, and interpretation of the property.
(
§291b. Administration, protection, development, and maintenance
The Secretary of the Interior shall administer, protect, develop, and maintain the George Rogers Clark National Historical Park in accordance with the provisions of
(
SUBCHAPTER XXXVII—ACADIA NATIONAL PARK
Change of Name
"Lafayette National Park" changed to "Acadia National Park", see
§341. Establishment; description of area
The tracts of land, easements, and other real estate known before February 26, 1919, as the Sieur de Monts National Monument, situated on Mount Desert Island, in the county of Hancock and State of Maine, are declared to be a national park and dedicated as a public park for the benefit and enjoyment of the people under the name of the Acadia National Park, under which name the aforesaid national park shall be entitled to receive and to use all moneys heretofore or hereafter appropriated for Sieur de Monts National Monument.
(Feb. 26, 1919, ch. 45, §1,
Codification
The words "known before February 26, 1919," were substituted in text for "heretofore known".
Recitation in this section as originally enacted of the fact that Sieur de Monts National Monument was established under act June 8, 1906, by Presidential proclamation of July 8, 1916, was omitted as historically obsolete.
Change of Name
"Lafayette National Park" changed to "Acadia National Park" by act Jan. 19, 1929.
Permanent Boundary for Acadia National Park
"SEC. 101. BOUNDARIES OF ACADIA NATIONAL PARK.
"In order to protect and conserve the land and water resources of Acadia National Park in the State of Maine (hereinafter in this title referred to as 'the Park'), and to facilitate the administration of the Park, the boundary depicted on the map entitled 'Acadia National Park Boundary Map', numbered 123–80011, and dated May 1986 (hereinafter in this title referred to as 'the map') is hereby established as the permanent boundary for the Park. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, and it shall be made available to the Registry of Deeds for Hancock and Knox Counties, Maine.
"SEC. 102. LANDS WITHIN BOUNDARIES.
"(a) The Secretary of the Interior (hereinafter in this title referred to as 'the Secretary') is authorized to acquire lands and interests therein within the boundaries of the Park by donation, exchange (in accordance with this section), or purchase with donated or appropriated funds, except that—
"(1) any lands or interests therein owned by the State of Maine or any political subdivision thereof may be acquired only by donation or exchange; and
"(2) privately owned lands or interests therein may be acquired only with the consent of the owner thereof unless the Secretary determines that the property is being developed or proposed to be developed in a manner which is detrimental to the scenic, historical, cultural, and other values for which the Park was established.
"(b)(1) Not later than 6 months after the enactment of this Act [Sept. 25, 1986], the Secretary shall publish specific guidelines under which determinations shall be made under subsection (a)(2). The Secretary shall provide adequate opportunity for public comment on such guidelines. The guidelines shall provide for notice to the Secretary prior to commencement of any proposed development within the boundaries of the Park. The Secretary shall provide written notice to the owner of the property of any determination proposed to be made under subsection (a)(2) and shall provide the owner a reasonable opportunity to comment on such proposal.
"(2) For purposes of this section, except as provided in paragraph (3), development or proposed development of private property within the boundaries of the Park that is significantly different from, or a significant expansion of, development existing as of November 1, 1985, shall be considered by the Secretary as detrimental to the values for which the Park was established.
"(3) Reconstruction or expansion of a private or commercial building shall not be treated as detrimental to the Park or as an incompatible development within the meaning of this section if such reconstruction or expansion is limited to one or more of the following:
"(A) Reconstruction of an existing building.
"(B) Construction of attached or accessory structural additions, which do not exceed 25 per centum of the square footage of the principal structure.
"(C) Construction of reasonable support development such as roads, parking facilities, water and sewage systems, and dock facilities.
"(c)(1) The owners of any private property within the Park may, on the date of its acquisition by the Secretary and as a condition of such acquisition, retain for himself and his successors or assigns a right to use and occupancy for a definite term of not more than 25 years, or ending at the death of the owner, or his spouse, whichever is later. The owners 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, of the right retained by the owner.
"(2) Any such right retained pursuant to this subsection 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 of the Park or with the preservation of the resources therein. Such right shall terminate by operation of law upon notification to the owner by the Secretary and tendering to the owner the amount equal to the fair market value of that portion which remains unexpired.
"(d)(1) In exercising his authority to acquire lands by exchange pursuant to this title, the Secretary may accept title to non-Federal property located within the the boundary of the Park and may convey to the grantor of such property any federally owned property under the jurisdiction of the Secretary which lies outside said boundary and depicted on the map. Properties so exchanged shall be approximately equal in value, as determined by the Secretary, except that the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize the value of the properties exchanged.
"(2) Federally owned property under jurisdiction of the Secretary referred to in paragraph (1) of this subsection which is not exchanged within 10 years after enactment of this Act [Sept. 25, 1986], shall be conveyed to the towns in which the property is located without emcumbrance [encumbrance] and without monetary consideration, except that no town shall be eligible to receive such lands unless, within 10 years after enactment of this Act, lands within the Park boundary and owned by the town have been acquired by the Secretary.
"(e) Notwithstanding any other provision of this section, lands depicted on the map referenced in section 101 and identified as 10DBH and 11DBH known as the 'Bar Harbor Sewage Treatment Plant'; 14DBH known as the 'New Park Street Ballfield'; and 15DBH known as the 'Former Park Headquarters'; shall be conveyed by the Secretary, without monetary consideration, to the town of Bar Harbor, Maine, within 180 days following the enactment of this Act [Sept. 25, 1986]. The real property conveyed pursuant to this subsection shall be used and retained by the town for municipal and public purposes. Title to the properties conveyed pursuant to this subsection shall revert to the United States if such property or any portion thereof is conveyed by the town to another party or used for purposes other than those specified in this subsection.
"(f) Notwithstanding any other provision of this section, land depicted on the map identified as 4DBH, located in the village of Town Hill, Maine, shall be conveyed by the Secretary without monetary consideration, to the town of Bar Harbor, Maine, as soon as practicable following the enactment of this Act [Sept. 25, 1986], subject to such terms and conditions, including appropriate reversionary provisions, as will in the judgment of the Secretary provide for the development and use of such property by any town which so desires as a solid waste transfer station in accordance with a plan that is satisfactory to the town and the Secretary. The Secretary shall (subject to the availability of prior appropriations) contribute toward the cost of constructing such transfer station the lesser of—
"(1) $350,000, or
"(2) 50 per centum of the cost of such construction.
"(g) Notwithstanding any other provision of this section, the Secretary is authorized to acquire by donation or exchange lands or interests therein in the area identified on the map as 'Schooner Head', which is outside the boundary of the park. The Secretary is further authorized to acquire conservation easements on such lands by purchase with donated or appropriated funds if he determines after written notice to the owner and after providing a reasonable opportunity to comment on such notice, that the property is being developed or proposed to be developed in a manner which is significantly different from or a significant expansion of development existing as of November 1, 1985, as defined in subsection (b) of this section.
"(h)(1) The Secretary is authorized to acquire conservation easements by purchase from a willing seller or by donation on parcels of land adjacent to the Park on Schoodic Peninsula, the islands of Hancock County, and the islands of Knox County east and south of the Penobscot Ship Channel, except such islands as lie within the town of Isle au Haut, Knox County. Parcels subject to conservation easements acquired or accepted by the Secretary under this subsection must possess one or more of the following characteristics:
"(A) important scenic, ecological, historic, archeological, or cultural resources;
"(B) shorefront property; or
"(C) largely undeveloped entire islands.
"(2) Conservation easements acquired pursuant to this subsection shall—
"(A) protect the respective scenic, ecological, historic, archeological, or cultural resources existing on the parcels;
"(B) preserve, through setback requirements or other appropriate restrictions, the open, natural, or traditional appearance of the shorefront when viewed from the water or from other public viewpoints; or
"(C) limit year-round and seasonal residential and commercial development to activities consistent with the preservation of the islands' natural qualities and to traditional resource-based land use including, but not limited to, fishing, farming, silviculture, and grazing.
"(3) In determining whether to accept or acquire conservation easements pursuant to this subsection, the Secretary shall consider the following factors:
"(A) the resource protection benefits that would be provided by the conservation easement;
"(B) the public benefit that would be provided by the conservation easement;
"(C) the significance of the easement in relation to the land planning objectives of local government and regional and State agencies;
"(D) the economic impact of the conservation easement on local livelihoods, activities, and government revenues; and
"(E) the proximity of the parcel to the boundary of the Park and to other parcels on which the Secretary maintains conservation easements.
"(4) For purposes of this subsection, the term 'conservation easement' means a less-than-fee interest in land or a conservation restriction as defined in section 476 through 479–B inclusive, as amended, of title 33 of the Maine Revised Statutes of 1964, as in effect on the date of the enactment of this Act [Sept. 25, 1986].
"(5) No easement may be acquired by the Secretary under this subsection without first consulting with, and providing written notification to, the town in which the land is located and the Acadia National Park Advisory Commission established by
"(i) Nothing in this section 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.
"(j)(1) Notwithstanding any other provision of this section, the Secretary shall accept an offer of the following from the Jackson Laboratory (a not-for-profit corporation organized under the laws of Maine):
"(A) Lands depicted on the map as 55 A ABH which are held in fee by the Jackson Laboratory.
"(B) A conservation easement on lands depicted on the map identified as 55 ABH (the developed property known as 'Highseas'). The easement shall prohibit subdivision of such land or any further significant development on such lands, except as permitted by the guidelines published under section 102(b)(1).
"(2) Upon receipt of the lands and easement described in paragraph (1), the Secretary shall transfer to the Jackson Laboratory the lands depicted on the map as 8 DBH and 9 DBH. Any disparity in the fair market value of the lands and easement referred to in paragraph (1) and the lands described in the preceding sentence shall be equalized as provided in section 102(d)(1).
"(k) For purposes of subsection (a)(2), the construction of one single family residence on Burnt Porcupine Island by the owner of the Island shall not be treated as detrimental to the scenic, historic, cultural, or other values for which the park was established if, before such construction commences, the Secretary has reviewed and approved plans for the size, location and architectural design of the structure.
"SEC. 103. ADVISORY COMMISSION.
"(a) There is hereby established an Acadia National Park Advisory Commission (hereinafter referred to as 'the Commission'). The Commission shall be composed of 16 members appointed by the Secretary as follows:
"(1) 3 members at large.
"(2) 3 members appointed from among individuals recommended by the Governor of Maine.
"(3) 4 members, appointed from among individuals recommended by each of the four towns on the island of Mount Desert.
"(4) 3 members appointed from among individuals recommended by each of the three Hancock County mainland communities of Gouldsboro, Winter Harbor, and Trenton.
"(5) 3 members, appointed from among individuals recommended by each of the three island towns of Cranberry Isles, Swans Island, and Frenchboro.
"(b) The terms of the Commission members shall be 3 years except that, for initial appointments under each paragraph, one member shall serve for a term of one year, and one member shall serve for a term of 2 years.
"(c) The Commission shall elect its own chairman and adopt its own bylaws. Any vacancy on the Commission shall be filled in the same manner in which the original appointment was made.
"(d) Members of the Commission shall serve without compensation as such, except that the Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under this title.
"(e) The Secretary shall consult with the Commission on matters relating to the management and development of the Park, including but not limited to each of the following:
"(1) The acquisition of lands and interests in lands (including conservation easements on islands).
"(2) Termination of rights of use and occupancy.
"(f) The Commission established under this section shall terminate 20 years after the enactment of this Act [Sept. 25, 1986].
"SEC. 104. BEAR ISLAND.
"(a) Notwithstanding any other provision of law, Federal property located on Bear Island in the town of Cranberry Isle shall, 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 the title. Such Federal property shall not be developed by the Secretary in a manner which would provide for or encourage intensive visitor use.
"(b) The Secretary is authorized to make improvements to the Federal property on Bear Island as he deems appropriate for the protection of adjacent private property.
"SEC. 105. TOWN OF ISLE AU HAUT.
"The provisions of this title shall not apply to those portions of the Park lying within the Town of Isle au Haut, Maine, which lands shall continue to be governed by the provisions of
"SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
"(a) Effective October 1, 1986, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this title, but not to exceed $9,100,000 for acquisition of lands and interests therein.
"(b) For the purposes of paragraph 7(a)(3) of the Land and Water Conservation Fund Act of 1965, as amended (
"SEC. 107. PAYMENTS TO LOCAL GOVERNMENTS.
"(a) Notwithstanding the limitation in subsection 3(d) of the Act of October 20, 1976 (
"(b) Payments received by the units of local government pursuant to this section shall be used only for fire protection, police protection, solid waste management, and road maintenance and improvement.
"(c) Payments pursuant to this section may be made only from funds appropriated therefor. Such payments shall be in addition to and not in place of any other funds or form of Federal assistance to which the units of local government are entitled."
Acadia National Park Lands Lying Within Boundaries of Town of Isle au Haut, Maine
"(1) there are significant scenic, educational, natural, and cultural resources in the town of Isle au Haut, Maine;
"(2) due to the isolated location and traditional resource-based economy of the town's island community, these resources are fragile and deserving of conservation and protection through both public and private efforts; and
"(3) both residents of the town and visitors to the Acadia National Park will benefit from the establishment of a permanent boundary for the park and the management of parklands on a limited entry, low intensity basis.
"(b) Notwithstanding any other provisions of this Act [this note], the Secretary is also authorized to accept by donation, as a coholder for enforcement purposes only, a limited enforcement interest in conservation easements on lands outside the boundary established by section 2 hereof and within the town of Isle au Haut which may from time to time be donated to the Isle au Haut Land Conservation Trust, a trust established under the laws of the State of Maine. The Superintendent of Acadia National Park is hereby authorized to serve as an ex officio trustee of such trust.
"(b) In furtherance of the purpose of subsection (a) of this section, the Secretary shall prepare a report establishing carrying capacities for the Isle au Haut portion of Acadia National Park. The report shall be prepared and the carrying capacities established with public participation and in consultation with the town of Isle au Haut and other interested parties.
"(c) The Secretary shall transmit the report to the Energy and Natural Resources Committee of the Senate and the Interior and Insular Affairs Committee [now Committee on Natural Resources] of the House of Representatives no later than six months from the date of enactment of this Act [Oct. 15, 1982]. The Secretary shall begin implementing the carrying capacities contained in the report sixty days after the report has been transmitted to the committees.
"(d) Carrying capacities established pursuant to this section shall be reviewed, and if necessary revised, every five years. Any revision in such carrying capacity shall be made in accordance with the procedures set forth in subsections (b) and (c) of this section.
"(e) Until such time as a carrying capacity limitation is established and implemented pursuant to subsections (b) and (c) of this section, the Secretary shall take such temporary measures as are necessary to assure that visitation does not exceed the average annual visitation for the period 1979 to 1981.
§342. Administration, protection, and promotion
The administration, protection, and promotion of Acadia National Park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(Feb. 26, 1919, ch. 45, §2,
Change of Name
"Lafayette National Park" changed to "Acadia National Park" by act Jan. 19, 1929.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Jurisdiction of Certain Lands
Act July 30, 1947, ch. 350,
"That control and jurisdiction over the following-described lands now comprising a portion of the Acadia National Park, in the State of Maine, are hereby transferred from the Department of the Interior to the Department of the Navy: Provided, That the Secretary of the Interior shall retain the right to approve the design of the buildings and structures to be placed thereon.
"All that certain tract or parcel of land on Big Moose Island, Winter Harbor, Maine, which is bounded southerly and easterly by a chain link security fence, and northerly and westerly by the waters of Pond Island Cove and Frenchman Bay, and which is more particularly described as beginning at a point on the shore at the high-water mark of Frenchman Bay on the southwesterly side of Big Moose Island, so called, thence following the chain link security fence as now erected by the three following courses and distances: North no degrees five minutes west one hundred and fifty-three feet; thence north thirty degrees twenty-four minutes east one hundred and fifty-seven and seven-tenths feet; thence south eighty-nine degrees nine minutes east one thousand four hundred and fifty-five and three-tenths feet to a point and angle in the said security fence which bears north thirty-four degrees fifty-four minutes west and is fifty feet distant at right angles from a point in the center line of the National Park Service road known as the Big Moose Island Road; thence turning to the left and following the said security fence in a general northerly direction but everywhere parallel with and fifty feet distant from the center line of the said Big Moose Island Road three thousand five hundred feet more or less to the high-water mark on the shore of Pond Island Cove; thence in a generally westerly and southerly direction but everywhere following the high-water mark of Pond Island Cove and Frenchman Bay seven thousand four hundred and seventy feet more or less to the place of beginning; except that portion thereof, containing twenty-five and ninety-six one-hundredths acres, which was transferred to the jurisdiction of the Department of the Navy pursuant to the Act of August 24, 1935 (ch. 644,
"
§342a. Extension of boundary limits
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 the extension of the Acadia National Park, lying within the bounds of Hancock County within which the park is situated, together with such islands in Knox County adjoining as lie to the east and south of the main ship channel through Penobscot Bay, which complete the archipelago of which Mount Desert Island, whereon the park is situated, forms the dominant and largest unit.
(Jan. 19, 1929, ch. 77, §§1, 2,
Codification
Section is based on section 1 of act Jan. 19, 1929. "Lafayette National Park" changed to "Acadia National Park" by section 2 of said act.
Cross References
Addition of Acadia recreational demonstration project lands to parks, see
§342b. Lafayette National Park name changed to Acadia National Park; land unaffected by Federal Power Act
The area now within the Lafayette National Park, together with such additions as may hereafter be made thereto, shall be known as the Acadia National Park, under which name the aforesaid national park shall be entitled to receive and to use all moneys heretofore or hereafter appropriated for the Lafayette National Park: Provided, That the provisions of the Federal Power Act [
(Jan. 19, 1929, ch. 77, §2,
References in Text
The Federal Power Act, referred to in text, was in the original the "Act of June 10, 1920, entitled 'An Act to create a Federal Power Commission, to provide for the improvement of navigation, the development of water power, the use of the public lands in relation thereto, and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes' ", was redesignated the Federal Power Act by
§343. Acceptance of property on Mount Desert Island
The Secretary of the Interior is authorized, in his discretion, to accept in behalf of the United States such other property on said Mount Desert Island, including lands, easements, buildings, and moneys, as may be donated for the extension or improvement of said park.
(Feb. 26, 1919, ch. 45, §3,
§343a. Naval radio station, Seawall, Maine, as addition to park
The Secretary of the Navy is authorized to transfer to the control and jurisdiction of the Secretary of the Interior as an addition to the Acadia National Park all that tract of land containing two hundred and twenty-three acres, more or less, with improvements thereon, comprising the former naval radio station at Seawall, town of Southwest Harbor, Hancock County, Maine, said tract being no longer needed for naval purposes.
(May 23, 1930, ch. 315,
Codification
Recitation in this section as originally enacted of the fact that Acadia National Park was established under act Feb. 26, 1919 (
§343b. Addition of lands
The Home Owners' Loan Corporation (herein called the "Corporation") is authorized and directed to convey and transfer to the United States of America, upon the terms and conditions provided in this section, all right, title, and interest vested in the Corporation, at the date of such conveyance and transfer, in and to real property and interests therein in the county of Hancock, State of Maine, acquired by the Corporation through the foreclosure of that certain mortgage deed, dated October 20, 1933, executed to the Corporation by Percy B. Russell and Florence L. Russell, and appearing in book 642, page 389, of the Registry of Deeds of Hancock County, State of Maine.
The Secretary of the Interior, for and on behalf of the United States of America, is authorized and directed to accept the conveyance and transfer of such property without regard to the provisions of section 355, as amended [
Upon the conveyance and transfer of such property as herein provided, it shall be used and administered by the Secretary of the Interior solely for national-park purposes, and it shall be deemed to constitute a part of the Acadia National Park.
Any other provision of law to the contrary notwithstanding, the Secretary of the Treasury shall, upon such conveyance and transfer and in lieu of any other payment by the United States to the Corporation as consideration for the conveyance and transfer of such property, cancel bonds of the Corporation, in the principal sum of $18,000, purchased by the Secretary of the Treasury under or by reason of the provisions set forth in
(Dec. 22, 1944, ch. 674, §§1–4,
References in Text
Section 1136 of the Revised Statutes, referred to in the second par., was repealed and reenacted as
Abolition of Home Owners' Loan Corporation
For dissolution and abolishment of Home Owners' Loan Corporation, by act June 30, 1953, ch. 170, §21,
§343c. Exchange of lands; Jackson Memorial Laboratory
For the purpose of consolidating Federal holdings of land within Acadia National Park, the Secretary of the Interior is authorized to accept, on behalf of the United States, approximately fifty-eight acres of non-Federal land within the authorized park boundaries, such land to be conveyed to the United States without cost by Mr. John D. Rockefeller, Junior. 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 Mr. John D. Rockefeller, Junior, or to such agency as he may designate, for purposes of the Jackson Memorial Laboratory, Bar Harbor, Maine, approximately five acres of federally owned land within the park adjacent to the laboratory properties.
(Sept. 7, 1949, ch. 541,
§343c–1. Exchange of lands; Mount Desert Island Regional School District
The Secretary of the Interior may convey to the Mount Desert Island Regional School District in the State of Maine a portion of the Acadia National Park, formerly owned by John D. Rockefeller, Junior, comprising approximately sixty-six acres (lot 354), and in exchange therefor the Secretary may accept from said school district any property which in his judgment is suitable for addition to the park. 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. Any cash payment received by the Secretary shall be credited to the Land and Water Conservation Fund in the Treasury of the United States. A conveyance of the federally owned lot shall eliminate it from the park.
(
§343c–2. Addition of lands; Jackson Laboratory
The Secretary of the Interior may, in his discretion, accept title to certain land in the town of Bar Harbor, Hancock County, Maine, held by the Jackson Laboratory, a nonprofit corporation organized and existing under the laws of the State of Maine, said land being more particularly described as follows:
Beginning at a stone bound set in the ground in the southerly side of State Highway Numbered 3 leading from Bar Harbor to Seal Harbor, said stone bound also marking the northeasterly corner of land of the United States of America and the northwesterly corner of land of the Jackson Laboratory;
thence north 72 degrees 58 minutes east and following the southerly side of State Highway Numbered 3, 80 feet to a stone bound set in the ground;
thence south 32 degrees 13 minutes east 762.5 feet to an iron pin set in the ledge;
thence north 88 degrees 16 minutes east 270.54 feet to a stone bound set in the ground in the southerly side of the old Morrell Park Racetrack;
thence north 61 degrees 56 minutes east 673.2 feet to an iron pipe driven in the ground, said iron pipe also being in a northwesterly line of land of the United States of America;
thence south 24 degrees 30 minutes west and always following a northwesterly line of land of the United States of America, 149 feet to an iron pipe driven in the ground;
thence south 64 degrees 05 minutes west and always following a northwesterly line of land of the United States of America, 577 feet to a stone bound set in the ground;
thence south 78 degrees 50 minutes west and always following a northerly line of land of the United States of America, 115 feet to an iron pin in a large boulder;
thence north 84 degrees 00 minutes west and always following a northerly line of land of the United States of America, 357 feet to an iron pin in the ledge;
thence north 22 degrees 40 minutes west and always following a northeasterly line of land of the United States of America, 460 feet to an iron pin in the ledge;
thence north 14 degrees 05 minutes west and always following an easterly line of land of the United States of America, 281.7 feet to the point of beginning, and containing 4.828 acres.
Said land, upon acceptance of title thereto, shall become a part of the Acadia National Park.
(
Section Referred to in Other Sections
This section is referred to in
§343c–3. Conveyance of land; Jackson Laboratory
In exchange for the conveyance to the United States of the land described in
Beginning at a stone bound set in the ground in the southeasterly side line of State Highway Numbered 3 leading from Bar Harbor to Seal Harbor, said stone bound marking the northeasterly corner of lot formerly belonging to the trustees of Louise D. Morrell, now owned by the Jackson Laboratory; said stone bound also marking the northwesterly corner of land belonging to the United States of America;
thence in a northeasterly direction but always following the southeasterly side line of State Highway Numbered 3, 31.0 feet to a point which marks the northwesterly corner of land belonging to the Jackson Laboratory;
thence south 23 degrees 40 minutes east and always following a southwesterly line of land belonging to the Jackson Laboratory, 603 feet, more or less, to a point in the old road originally leading to the Bear Brook Campground;
thence south 71 degrees 04 minutes east 20 feet, more or less, to a stone bound set in the ground in a southwesterly line of land belonging to the Jackson Laboratory;
thence following the same course; namely, south 71 degrees 04 minutes east and always following a southwesterly line of land belonging to the Jackson Laboratory, 183.2 feet to a stone bound set in the ground;
thence north 84 degrees 46 minutes east and always following a southeasterly line of land belonging to the Jackson Laboratory, 89.9 feet to a stone bound set in the ground in the northwesterly side of an old crossroad leading from the old Campground Road to State Highway Numbered 3;
thence north 23 degrees 16 minutes east and following a southeasterly line of land belonging to the Jackson Laboratory, 160.0 feet to an angle in said line;
thence north 9 degrees 16 minutes east and following a southeasterly line of land belonging to the Jackson Laboratory, 79 feet to an angle point in said line;
thence north 20 degrees 31 minutes east and following a southeasterly line of land belonging to the Jackson Laboratory, 445 feet to a stone bound set in the ground;
thence following the same course; namely, north 20 degrees 31 minutes east and following a southeasterly line of land belonging to the Jackson Laboratory, 888.38 feet to a stone bound set in the ground; said stone bound marking the northeasterly corner of land belonging to the Jackson Laboratory and the southeasterly corner of a lot of land belonging to the United States of America;
thence in a general easterly direction 38 feet more or less to a point in the westerly side line of the Schooner Head Road so called;
thence in a general southerly direction and always following the westerly side line of the Schooner Head Road, 202 feet more or less to a stone bound set in the ground;
thence south 20 degrees 31 minutes west across the land of the United States of America, 1,164 feet to a point in said line, said last described line being 100 feet distant from and parallel with the southeasterly line of land of the Jackson Laboratory;
thence following the same course; namely, south 20 degrees 31 minutes west across the land belonging to the United States of America, 137.3 feet to a stone bound set in the ground;
thence south 61 degrees 56 minutes west across the land belonging to the United States of America, 617.6 feet to an iron pipe driven in the ground, said iron pipe being in a southeasterly line of land formerly belonging to the trustees of Louise D. Morrell and now belonging to the Jackson Laboratory;
thence north 24 degrees 30 minutes east and following a southeasterly line of last mentioned land, 277 feet to an iron pipe driven in the ground;
thence following an easterly line of land belonging to the Jackson Laboratory along a curve to the left, 111 feet, the radius of said curve being 373 feet;
thence north 23 degrees 40 minutes west and always following a northeasterly line of land belonging to the Jackson Laboratory, said land belonging formerly to the trustees of Louise D. Morrell, 492 feet to the point of beginning, and containing 4.632 acres.
The conveyance of title to the lands described in this section shall eliminate them from the Acadia National Park.
(
§343c–4. Exchange of lands; Rich property
The Secretary of the Interior may convey to one Maurice Rich, Senior, a portion of the Acadia National Park, comprising approximately one and eight-tenths acres in the town of Southwest Harbor, Maine, and in exchange therefor the Secretary may accept from said Maurice Rich, Senior, any property which in the Secretary's judgment is suitable for addition to the park. 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. Any cash payment received by the Secretary shall be credited to the land and water conservation fund in the Treasury of the United States. A conveyance of the federally owned lot shall eliminate it from the park.
(
§343d. Exclusion of lands; disposal as surplus property
The tract of land in Acadia National Park, State of Maine, comprising approximately three hundred acres and identified as the "Green Lake Fish Hatchery Tract" is excluded from Acadia National Park, and the said tract is authorized to be disposed of in accordance with the laws relating to the disposition of Federal property.
(July 24, 1956, ch. 667,
References in Text
The laws relating to the disposition of Federal property, referred to in text, are generally classified to
SUBCHAPTER XXXVIII—ZION NATIONAL PARK
§344. Establishment; maintenance
The Zion National Monument, in the county of Washington, State of Utah, is declared to be a national park and dedicated as such for the benefit and enjoyment of the people, under the name of the Zion National Park, under which name the aforesaid national park shall be maintained by allotment of funds heretofore or hereafter appropriated for the national monuments, until such time as an independent appropriation is made therefor by Congress.
(Nov. 19, 1919, ch. 110, §1,
Codification
Recitation in this section as originally enacted of the fact that Zion National Monument was established under act June 8, 1906, ch. 3060,
§345. Administration, protection, and promotion
The administration, protection, and promotion of said Zion National Park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(Nov. 19, 1919, ch. 110, §2,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§346. Exchange of lands
The Secretary of the Interior is authorized to exchange, in his discretion, alienated lands in Zion National Park for unappropriated and unreserved public lands of equal value and approximately equal area in the State of Utah outside of said parks.
(June 7, 1924, ch. 305, §3,
Section Referred to in Other Sections
This section is referred to in
§346a. Extension of boundaries
Sections 7, 17, 18, 19, 20, 29, 30, 31, and 32, township 41 south, range 9 west; unsurveyed sections 5, 6, 7, 8, 17, and 18, township 42 south, range 9 west; unsurveyed sections 5, 6, 7, and 8, township 42 south, range 9½ west; unsurveyed sections 1, 2, and the north half and southeast quarter section 3; northeast quarter section 4, east half section 10, sections 11 and 12, township 42 south, range 10 west; all of section 21, southwest quarter section 22, northwest quarter section 27, southeast quarter unsurveyed section 28; east half unsurveyed section 33, township 41 south, range 10 west; and all of sections 34, 35, and 36, township 41 south, range 11 west, all with reference to the Salt Lake meridian, are added to and made a part of the Zion National Park in the State of Utah, subject to all laws and regulations applicable to and governing said park.
(June 13, 1930, ch. 479,
§346a–1. Addition of lands
The boundaries of the Zion National Park are revised to include the following described lands:
Salt Lake Meridian
Township 39 south, range 10 west: Section 30, those portions of lots 1 to 7, inclusive, lying south of Kolob Creek and lots 8 to 32, inclusive; section 31, lots 1, 2, 3, 15, 16, 17, 18, 31 and 32.
Township 41 south, range 10 west: Section 28, northeast quarter, that portion of the northwest quarter lying east of the North Fork of the Virgin River and lot 9 of the O. D. Gifford survey, the ownership of which is recorded on page 247 of deed book U12 in Washington County, Utah; section 29, west half; section 31; section 32 (partly surveyed), northeast quarter northwest quarter and west half northwest quarter.
Township 39 south, range 11 west: Section 13, southeast quarter southeast quarter; section 32, north half and southeast quarter.
Township 40 south, range 11 west: Section 5, lots 1 and 2 and south half northeast quarter.
Township 38 south, range 12 west: Section 29, those portions of lot 2 and of the southwest quarter lying east of the easterly right-of-way line of United States Highway 91, identified as project numbered I–01–1(1), Washington County, Utah, said line being 150 feet from and parallel the centerline of such highway, as constructed.
(
§346a–2. Acquisition of lands; administration
Privately owned land, or interests therein, within the aforesaid revised boundary may be acquired by the Secretary of the Interior by purchase, donation, with donated funds, or by such other means as the Secretary may consider to be in the public interest. When acquired, such land and interests in land shall be administered as a part of the Zion National Park in accordance with the provisions of
(
§346a–3. Exchange of lands; construction of interchange
The Secretary of the Interior is authorized to convey to the Utah State Road Commission under such terms and conditions as he may deem necessary such lands or interests in land in lot 3, section 29, township 38 south, range 12 west, Salt Lake meridian, containing approximately four and one-half acres, as are required by the Commission for the realinement and construction of United States Highway 91: Provided, That, in exchange, the State of Utah constructs an interchange of design, type, and location acceptable to the Secretary which will provide vehicular access between the said highway and Zion National Park. Such conveyed lands shall thereafter be considered as excluded from the Zion National Park and the easterly right-of-way line of United States Highway 91, identified as project numbered I–01–1(1), Washington County, Utah, shall become the westerly boundary of the Zion National Park in lot 3, section 29, township 38 south, range 12 west, Salt Lake meridian.
(
§346a–4. Boundary revision
The boundary of Zion National Park is hereby revised to include the area as generally depicted on the map entitled "Land Ownership Types, Zion National Park, Utah", numbered 116–80,003, 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 may acquire the property included by this section by donation only.
(
§346b. Consolidation of Zion National Park and Zion National Monument
For the purpose of combining Zion National Park and Zion National Monument, Utah, in a single National park unit, in the interest of efficient administration and to preserve adequately the features thereof, Zion National Park on and after July 11, 1956, shall comprise the present area of the National Park and the present area of the Zion National Monument: Provided, That the enactment of
(July 11, 1956, ch. 568, §1,
Section Referred to in Other Sections
This section is referred to in
§346c. Administration
The Secretary of the Interior is authorized to administer Zion National Park as hereby established in accordance with his authority over the park heretofore granted by the Congress and in accordance with the general laws governing areas of the national park system.
(July 11, 1956, ch. 568, §2,
Section Referred to in Other Sections
This section is referred to in
§346d. Use of funds
All funds heretofore made available for purposes of Zion National Park and Zion National Monument may be used for purposes of Zion National Park as established by
(July 11, 1956, ch. 568, §3,
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER XXXIX—DENALI NATIONAL PARK
§347. Establishment; boundaries
The tract of land in the Territory of Alaska particularly described by and included within the metes and bounds, to wit: Beginning at a point as shown on Plate III, reconnaissance map of the Mount McKinley region, Alaska, prepared in the United States Geological Survey, edition of 1911, said point being at the summit of a hill between two forks of the headwaters of the Toklat River, approximate latitude sixty-three degrees forty-seven minutes, longitude one hundred and fifty degrees twenty minutes; thence south six degrees twenty minutes west nineteen miles; thence south sixty-eight degrees west sixty miles; thence in a southeasterly direction approximately twenty-eight miles to the summit of Mount Russell; thence in a northeasterly direction approximately eighty-nine miles to a point twenty-five miles due south of a point due east of the point of beginning; thence due north twenty-five miles to said point; thence due west twenty-eight and one-half miles to the point of beginning, is reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States, and said tract is dedicated and set apart as a public park for the benefit and enjoyment of the people, under the name of the Denali National Park. In addition to the above-described tract, all those lands lying between the south, east, and north boundaries above described and the following described boundary are made a part of and included in the Denali National Park for all purposes, to wit: Beginning at the summit of Mount Russell, which is the present southwest corner of the park; thence in a northeasterly direction one hundred miles, more or less, to a point on the one hundred and forty-ninth meridian, which is twenty-five miles south of a point due east of the upper northwest corner of the park; thence north along the one hundred and forty-ninth meridian twenty-five miles; thence west forty miles, more or less, to the upper northwest corner of Denali National Park as existing prior to January 30, 1922.
(Feb. 26, 1917, ch. 121, §1,
Codification
The first sentence of this section was from section 1 of act Feb. 26, 1917, and the second sentence, comprising the remainder of the section, from act Jan. 30, 1922.
As originally enacted the second sentence of this section, extending the boundaries of the park, provided as follows "That the south, east, and north boundaries of the Mount McKinley National Park are hereby changed as follows: Beginning at the summit of Mount Russell, which is the present southwest corner of the park; thence in a northeasterly direction one hundred miles, more or less, to a point on the one hundred and forty-ninth meridian which is twenty-five miles south of a point due east of the upper northwest corner of the park; thence north along the one hundred and forty-ninth meridian twenty-five miles; thence west forty miles, more or less, to the present upper northwest corner of Mount McKinley National Park. And all these lands lying between the above-described boundary and the present south, east, and north boundaries are hereby reserved and withdrawn from settlement, occupancy, or disposal, and under the laws of the United States said lands are hereby made a part of and included in the Mount McKinley National Park; and all the provisions of the Act to establish Mount McKinley National Park, Alaska, and for other purposes, approved February 26, 1917, are hereby made applicable to and extended over lands hereby added to the park."
Change of Name
"United States Geological Survey" substituted in text for "Geological Survey" pursuant to provision of title I of
"Denali National Park" substituted in text for "Mount McKinley National Park" pursuant to
Admission of Alaska as State
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of
Cross References
Change of boundaries and additions to park, see
§348. Entries under land laws not affected
Nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States, prior to February 26, 1917, whether for homestead, mineral, right of way, or any other purpose whatsoever, or shall affect the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land.
(Feb. 26, 1917, ch. 121, §2,
References in Text
Herein, referred to in text, is act Feb. 26, 1917, which is classified to
The land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands.
§349. Rights-of-way
Whenever consistent with the primary purposes of Denali National Park,
(Feb. 26, 1917, ch. 121, §3,
References in Text
Change of Name
"Denali National Park" substituted in text for "Mount McKinley National Park" pursuant to
Cross References
Issuance of licenses to citizens or associations or corporations for purpose of constructing, operating, and maintaining dams, water conduits, reservoirs, powerhouses, transmission lines, etc., upon any part of the public lands or reservations of United States, see
§350. Repealed. Pub. L. 94–429, §3(b), Sept. 28, 1976, 90 Stat. 1342
Section, act Feb. 26, 1917, ch. 121, §4,
Mining Rights Existing Prior to September 28, 1976
Section 3 of
§350a. Repealed. Pub. L. 94–429, §3(c), Sept. 28, 1976, 90 Stat. 1342
Section, act Jan. 26, 1931, ch. 47, §2,
Mining Rights Existing Prior to September 28, 1976
Section 3 of
§351. Control; rules and regulations
Denali National Park shall be under the executive control of the Secretary of the Interior, and it shall be the duty of the said executive authority, as soon as practicable, to make and publish such rules and regulations not inconsistent with the laws of the United States as the said authority may deem necessary or proper for the care, protection, management, and improvement of the same, the said regulations being primarily aimed at the freest use of the said park for recreation purposes by the public and for the preservation of animals, birds, and fish and for the preservation of the natural curiosities and scenic beauties thereof.
(Feb. 26, 1917, ch. 121, §5,
Change of Name
"Denali National Park" substituted in text for "Mount McKinley National Park" pursuant to
§352. Game refuge; killing game
The said park is established as a game refuge, and no person shall kill any game in said park except under an order from the Secretary of the Interior for the protection of persons or to protect or prevent the extermination of other animals or birds.
(Feb. 26, 1917, ch. 121, §6,
Amendments
1928—Act May 21, 1928, struck out provision that prospectors and miners could kill game or birds needed for actual necessities when short of food.
§353. Leases
The Secretary of the Interior may, in his discretion, execute leases to parcels of ground not exceeding twenty acres in extent for periods not to exceed twenty years whenever such ground is necessary for the erection of establishments for the accommodation of visitors; may grant such other necessary privileges and concessions as he deems wise for the accommodation of visitors; and may likewise arrange for the removal of such mature or dead or down timber as he may deem necessary and advisable for the protection and improvement of the park.
(Feb. 26, 1917, ch. 121, §7,
Amendments
1928—Act May 21, 1928, repealed provision that no appropriation for the maintenance of the park in excess of $10,000 annually should be made unless expressly authorized by law.
§353a. Repealed. Pub. L. 97–468, title VI, §615(a)(1), Jan. 14, 1983, 96 Stat. 2577
Section, act Mar. 12, 1914, ch. 37, §1, as added Mar. 29, 1940, ch. 74,
Effective Date of Repeal
Repeal effective on date of transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant to
§354. Offenses; punishment
Any person found guilty of violating any of the provisions of this subchapter shall be deemed guilty of a misdemeanor, and shall be subjected to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings.
(Feb. 26, 1917, ch. 121, §8,
§355. Change of boundaries
The boundary of the Denali National Park is changed so as to read as follows:
Beginning at the summit of a hill between the Toklat River and the Clearwater Fork of that river at an approximate latitude of sixty-three degrees forty-seven minutes forty-five seconds, longitude one hundred and fifty degrees seventeen minutes forty seconds, which is intended to be same point of beginning of the boundary description as contained in
(Mar. 19, 1932, ch. 88, §1,
References in Text
The land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands.
Codification
Section was not enacted as part of act Feb. 26, 1917, ch. 121,
Change of Name
"Denali National Park" substituted in text for "Mount McKinley National Park" pursuant to
Section Referred to in Other Sections
This section is referred to in
§355a. Laws applicable to added lands
The provisions of
(Mar. 19, 1932, ch. 88, §2,
Codification
Section was not enacted as part of act Feb. 26, 1917, ch. 121,
SUBCHAPTER XL—HOT SPRINGS NATIONAL PARK
Change of Name
"Hot Springs Reservation" changed to "Hot Springs National Park" by act Mar. 4, 1921, ch. 161, §1,
§361. Establishment; supply of water; free baths for indigent; dedication to United States
The Secretary of the Interior is authorized to grant to hotels having bathhouses attached, and to bathhouses situated in the Hot Springs National Park, as well as in the city of Hot Springs, Arkansas, the right to install, maintain, and use, either in said bathhouses or in connection with the rooms of said hotels or the bathhouses attached to said hotels, as many bathtubs as in his discretion he may deem proper and necessary for the public service and the amount of hot water will justify. The superintendent shall provide and maintain a sufficient number of free baths for the use of the indigent. All titles given or to be given by the United States shall explicitly exclude the right to the purchaser of the land, his heirs or assigns, from ever boring thereon for hot water; and the Hot Springs, with the National Park and mountain are dedicated to the United States, and shall remain forever free from sale or alienation.
(Dec. 16, 1878, ch. 5,
Codification
Act Apr. 12, 1904 amended act Dec. 16, 1878, by striking out a proviso thereof and inserting in lieu thereof a proviso which is the source of the first sentence of this section. The proviso stricken out limited the supply of water to hotels or bathhouses to not more than enough for 40 bath tubs of the usual size to a single establishment.
A portion of act Dec. 16, 1878, made an appropriation for the expenses of the Hot Springs Commission, and provided for the appointment of a Board of Commissioners, conferring upon them the powers of the Commissioners appointed under act Mar. 3, 1877, ch. 108,
Provisions of act Dec. 16, 1878, relating to leases of ground, bathhouses, etc., were omitted as temporary in nature and superseded by
There have also been omitted as temporary and executed a provision of act Dec. 16, 1878 for the expenses of the free baths maintained for the indigent and a provision for the disposition of fractions of lots made by straightening, widening, or laying out streets.
The boundaries of the Hot Springs National Park have been affected by act June 25, 1930, ch. 607,
Change of Name
"Hot Springs National Park" substituted in text for "Hot Springs Reservation" pursuant to act Mar. 4, 1921.
§361a. Additions to park
The Secretary of the Interior is authorized, in his discretion, to accept the fee-simple title to a certain tract of land adjoining the Hot Springs National Park, Arkansas, described as being the west half of the southwest quarter of the southwest quarter of section 27, township 2 south, range 19 west, fifth principal meridian, containing sixteen acres, more or less, situated in Garland County, State of Arkansas, donated to the United States of America for use in connection with Hot Springs National Park: Provided, That such land when accepted by the Secretary of the Interior shall be and remain a part of Hot Springs National Park.
(June 5, 1924, ch. 264,
§361b. Additions to park
The Secretary of the Interior is authorized, in his discretion and upon submission of evidence of title satisfactory to him, to accept on behalf of the United States of America that certain tract of land adjoining the Hot Springs National Park, Arkansas, described as being a part of the north half southwest quarter section 27, township 2 south, range 19 west, west of the ninety-third meridian, in Garland County, Arkansas, and which has been tendered to the United States of America as a donation and as an addition to the said Hot Springs National Park: Provided, That such land when accepted by the Secretary of the Interior shall be and remain a part of the Hot Springs National Park.
(Feb. 14, 1931, ch. 172,
§361c. Additions to park
The boundaries of the Hot Springs National Park in the State of Arkansas are extended to include the following land, to wit: Lot 11, block 101; lot 5, block 185; lot 6, block 186; lots 5, 6, and 7, block 187; and lots 1, 2, 3, 6, and 15, block 188, United States Hot Springs Reservation, as surveyed, mapped, and plotted by the United States Hot Springs Commission, and any of such lands when acquired by the Secretary of the Interior on behalf of the United States shall be and remain a part of the Hot Springs National Park, subject to all laws and regulations applicable thereto.
(June 15, 1936, ch. 554, §1,
Amendments
1939—Act Aug. 10, 1939, repealed proviso which limited expenditure of funds.
§361c–1. Omitted
Codification
Section, act June 15, 1936, ch. 554, §2, as added Aug. 10, 1939, ch. 639,
§361d. Additions to park
The boundaries of the Hot Springs National Park in the State of Arkansas be, and the same are, extended to include the following lands, to wit:
So much of the northeast quarter section 33, township 2 south, range 19 west, as is now privately owned;
The northwest quarter section 34, township 2 south, range 19 west;
All privately owned land in the west half section 27, township 2 south, range 19 west;
The southeast quarter section 27, south half northeast quarter section 27, all privately owned lands in the northwest quarter northeast quarter section 27, west half section 22, southwest quarter section 15, southeast quarter section 16, northeast quarter section 21, south half section 21, southeast quarter southeast quarter section 20, east half northeast quarter section 28, northwest quarter northeast quarter section 28, northwest quarter northwest quarter section 28, east half southwest quarter northeast quarter section 28, east half northeast quarter section 29, southeast quarter northwest quarter northeast quarter section 29, southwest quarter northeast quarter section 29, west half northwest quarter southeast quarter section 29, southeast quarter southeast quarter northwest quarter section 29, northeast quarter northwest quarter southeast quarter section 29, all privately owned land in northeast quarter southwest quarter section 29, south half southeast quarter section 30, northeast quarter southeast quarter section 30, southeast quarter southwest quarter section 30, west half section 31, north half northeast quarter section 31, southwest quarter northeast quarter section 31, west half southeast quarter northeast quarter section 31, all lying and being situated in township 2 south, range 19 west;
All of section 36, southeast quarter section 35, southeast quarter northeast quarter section 35, all lying and being situated in township 2 south, range 20 west;
Northeast quarter section 2, north half southeast quarter section 2, north half section 1, north half southwest quarter section 1, north half southeast quarter section 1, all lying and being situated in township 3 south, range 20 west;
North half section 6, north half southwest quarter section 6, northwest quarter southeast quarter section 6, all lying and being situated in township 3 south, range 19 west;
Blocks 27, 189, 195, and 196, city of Hot Springs;
Lots 8 to 13, inclusive, block 125, city of Hot Springs; lots 4, 5, 7, 8, 9, 10, 11, 12, 13, and 14, block 188, city of Hot Springs;
Fountain Street adjoining lots 13, block 125, and blocks 195 and 196, city of Hot Springs;
Reserve Avenue in city of Hot Springs from Palm Street to Cypress Street. Two unnamed streets, twenty feet wide, extending from Fountain Street to Government boundary and running between blocks 125 and 195 and blocks 195 and 196, respectively.
All or any part of such lands above described, when acquired by the Secretary of the Interior on behalf of the United States, shall be and remain a part of the Hot Springs National Park, subject to all laws and regulations applicable thereto.
(June 24, 1938, ch. 649, §1,
§361e. Acceptance of donations
The Secretary of the Interior is authorized, in his discretion, to accept on behalf of the United States donations of lands or interests in land within the city limits of Hot Springs, Arkansas, the title to such lands or interests in land to be satisfactory to said Secretary. Upon the acquisition of such lands or interests in land, they shall become a part of the Hot Springs National Park and shall be subject to all laws and regulations applicable thereto.
(June 15, 1936, ch. 554, §3, as added Aug. 10, 1939, ch. 639,
§361f. Exchange of lands
For the purpose of consolidating Federal holdings of land within Hot Springs National Park, Arkansas, and in order to bring about certain improvements in park land use, the Secretary of the Interior is authorized in his discretion to accept, on behalf of the United States, approximately 4.75 acres of non-Federal land or interests in land situated in blocks 195 and 196 of the city of Hot Springs, Arkansas, and in exchange therefor to convey by deed on behalf of the United States to the grantor of the aforesaid property certain federally owned land or interests in land, of no greater value, comprising not in excess of five and three-tenths acres of land situated adjacent to and in the immediate rear of the Arlington Hotel in Hot Springs, Arkansas.
(
Cross References
Arlington Hotel site, see
§361g. Modification of park boundary
The boundary of Hot Springs National Park is modified as depicted on the map entitled "Proposed Boundary Map", numbered 128/80015, and dated August 5, 1985.
(
§362. Leases of bathhouses and sites; supply of water
The Secretary of the Interior is authorized and empowered to execute leases to the bathhouses and bathhouse sites in the Hot Springs National Park for periods not exceeding twenty years, and at an annual rental of not less than $30 per tub for each tub used in any bathhouse. Said annual rental shall be payable quarterly in advance, at the office of the Government superintendent of said property, in Hot Springs, Arkansas. The same rate for water rent shall be charged for the water to all parties receiving the same, whether in or outside said park. After the Army and Navy hospital bathhouse, the public bathhouse, the bathhouses which are authorized in the said park, the Arlington Hotel, and the bathhouses outside said park authorized on or before March 3, 1891, to be supplied with hot water, in the order herein named, if there shall still be a surplus of hot water the Secretary of the Interior may, in his discretion and under such regulations as he may prescribe, cause hot water to be furnished to bathhouses, hotels, and families outside the said park. Such bathhouses, hotels, and families shall cause all connections for obtaining such hot water to be made at their own expense. All water furnished to any hotel or family for other use than bathing shall be paid for at such reasonable price, as shall be fixed by the Secretary of the Interior. The Secretary of the Interior shall at the expiration of each period of five years during the continuance of each lease readjust the terms and amounts of payment provided for therein as may be just, but not less than the minimum herein provided.
(Mar. 3, 1891, ch. 533, §1,
Change of Name
"Hot Springs National Park" substituted in text for "Hot Springs Reservation" pursuant to act Mar. 4, 1921.
Arlington Hotel Site
Section 2 of act Mar. 3, 1891, authorized the leasing of the Arlington Hotel site for a term which has expired. Provision for leasing this property was made by act Aug. 24, 1912, ch. 355, §1,
Act Feb. 14, 1931, ch. 180,
Leases Pursuant to 1878 Act
For prior provisions relating to leases of ground, bathhouses, etc., made by act Dec. 16, 1878, ch. 5,
Section Referred to in Other Sections
This section is referred to in
§363. Rules and regulations
Full power is vested in the Secretary of the Interior to provide, in all leases to be executed against any combination among lessees or their assigns, as to ownership, prices, or accommodations at any bathhouse; as well as to make all needful rules and regulations as to the use of the hot water, and to prevent its waste, including full power to authorize the superintendent of said park to make examination and inspection at any time of the manner of using the hot water at any bathtub, that it may be used in proper quantity only, and to prevent its waste; and also full power to provide and fix reasonable maximum charges for all baths, or bathing privileges, or services of any person connected with any bathhouse furnished to bathers; and for reasonable maximum charges to guests at the Arlington Hotel; and also, generally, the Secretary of the Interior may make all necessary rules and regulations as to said bathhouses and the service therein as shall be deemed best for the public interest, and to provide penalties for the violation of any regulation which may be enforced as though provided by Act of Congress. All leases and grants of hot-water privileges shall be held to be subject to all regulations in force on March 3, 1891, or which may be adopted by the Secretary of the Interior, and for any violation of any regulation, known to the proprietor at the time of the offense, the lease or grant may be canceled by the Secretary of the Interior. It shall be expressly provided in all leases and grants of privilege for hot water that the bathhouse for which provision is made shall not be owned or controlled by any person, company, or corporation which may be the owner of or interested (as stockholder or otherwise) in any other bathhouse on or near the Hot Springs National Park; that neither the hot-water privilege granted nor any interest therein, nor the right to operate or control said bathhouse, shall be assigned or transferred by the party of the second part without the approval of the Secretary of the Interior first obtained, in writing; and if the ownership or control of said bathhouse be transferred to any person, company, or corporation owning or interested in any other bathhouse on or near said reservation, the Secretary of the Interior may, for that cause, deprive the bathhouse provided for of the hot water and cancel the lease or agreement. All buildings to be erected in the Hot Springs National Park shall be on plans first approved by the Secretary of the Interior, and shall be required to be fireproof, as nearly as practicable.
(Mar. 3, 1891, ch. 533, §3,
Codification
A clause at the beginning of this section as originally enacted, retaining and continuing in the Secretary of the Interior all power then possessed by him for the regulating of leases of bath houses, bathhouse privileges, or hotel rights on the reservation, or supplying hot water to places off the reservation was omitted for purposes of codification.
Change of Name
"Hot Springs National Park" substituted in text for "Hot Springs Reservation" pursuant to act Mar. 4, 1921.
Section Referred to in Other Sections
This section is referred to in
§364. Investigation of applicant for lease or contract
The Secretary of the Interior, before executing any lease to bathhouses or bathhouse sites in the park or contracts for the use of hot water for bathhouses outside said park, may make due investigation to ascertain whether the person, persons, or corporation applying for such lease or contract are not, directly or indirectly, interested in any manner whatever in any other bathhouse, lease, interest, or privilege at or near Hot Springs, Arkansas, or whether he or they belong to any pool, combination, or association so interested, or whether he or they are members or stockholders in any corporation so interested, or, if a corporation, whether its members or any of them are members or stockholders of any other corporation or association interested in any other bathhouse, lease, interest, or privilege as aforesaid, and in order to arrive at the facts in any such case he is authorized to send for persons and papers, administer oaths to witnesses, and require affidavits from applicants; and any such person making a false oath or affidavit in the premises shall be deemed guilty of perjury, and, upon conviction, subject to all the pains and penalties of perjury under the statutes of the United States; and whenever, either at the time of leasing or other time it appears to the satisfaction of the said Secretary that such interest in other bathhouse, lease, interest, or privilege exists, or at any time any pool or combination exists between any two or more bathhouses or he deems it for the best interests of the management of the Hot Springs National Park and waters, or for the public interest, he may refuse such lease, license, permit, or other privilege, or forfeit any lease or privilege wherein the parties interested have become otherwise interested as aforesaid.
(Mar. 3, 1891, ch. 533, §4,
Change of Name
"Hot Springs National Park" substituted in text for "Hot Springs Reservation" pursuant to act Mar. 4, 1921.
Section Referred to in Other Sections
This section is referred to in
§365. Taxation, under State laws
The consent of the United States is given for the taxation, under the authority of the laws of the State of Arkansas applicable to the equal taxation of personal property in that State, as personal property of all structures and other property in private ownership on the Hot Springs National Park.
(Mar. 3, 1891, ch. 533, §5,
Change of Name
"Hot Springs National Park" substituted in text for "Hot Springs Reservation" pursuant to act Mar. 4, 1921.
Section Referred to in Other Sections
This section is referred to in
§366. Collection of water on reservation
The authority conferred upon the Secretary of the Interior to collect the hot water upon said Hot Springs National Park shall be so construed as to require water to be collected only where such collection is necessary for its proper distribution, and not where by gravity the same can be properly utilized.
(Mar. 3, 1891, ch. 533, §6,
Change of Name
"Hot Springs National Park" substituted in text for "Hot Springs Reservation" pursuant to act Mar. 4, 1921.
Section Referred to in Other Sections
This section is referred to in
§367. Sale of lots
The Secretary of the Interior may direct the public sale of all unsold Government lots in Hot Springs National Park, and not permanently reserved on March 3, 1891, at the city of Hot Springs, after having had the same reappraised, and also advertised as required by law, and no lot shall be sold at less than the appraised price.
(Mar. 3, 1891, ch. 533, §7,
Change of Name
"Hot Springs National Park" substituted in text for "Hot Springs Reservation" pursuant to act Mar. 4, 1921.
Section Referred to in Other Sections
This section is referred to in
§368. Operation of bathhouse in connection with hotel
Nothing in
(Mar. 3, 1891, ch. 533, §8,
§369. Charges assessable against bath attendants and masseurs and physicians prescribing use of hot waters
The Secretary of the Interior is authorized to assess and collect from physicians who desire to prescribe the hot waters from the Hot Springs National Park reasonable fees for examination and registration; and he is also authorized to assess and collect from bath attendants and masseurs operating in bathhouses receiving hot water from the park reasonable annual charges to cover the cost of physical examinations.
(June 5, 1920, ch. 235, §1,
Codification
As originally enacted, this section authorized reasonable charges against physicians, including fees for examination and registration. It also authorized collection of reasonable charges from bath attendants and masseurs, and provided that the moneys received should be used in the protection and improvement of the park.
Amendments
1931—Act Mar. 2, 1931, struck out provision that moneys received from the assessment and collection of fees were to be used for the protection and improvement of the park.
Change of Name
"Hot Springs National Park" substituted in text for "Hot Springs Reservation" pursuant to act Mar. 4, 1921.
Cross References
Revenues of national parks covered into Treasury, except in case of Hot Springs National Park such as may be necessary to pay obligations outstanding on June 30, 1922, see
§370. Omitted
Codification
Section, act Aug. 24, 1912, ch. 355, §1,
§370a. Retention of Arlington Hotel site for park and landscape purposes
The site within the Hot Springs National Park fronting on Central Avenue and on Fountain Street, leased by the Secretary of the Interior pursuant to the authority of Act of August 24, 1912 (
(Feb. 14, 1931, ch. 180,
References in Text
Act August 24, 1912 (
Cross References
Exchange of lands adjacent to and in immediate rear of Arlington Hotel, see
§371. Use of free bathhouses limited
Only persons who are without and unable to obtain the means to pay for baths and are suffering from ailments for which bathing in the water of the Hot Springs National Park will afford relief or effect a cure shall be permitted to bathe at the free bathhouse on the public reservation at Hot Springs, Arkansas, and before any person shall be permitted to bathe at the free bathhouse on the reservation he shall be required to make oath, before such officer duly authorized to administer oaths for general purposes as the superintendent of the Hot Springs National Park shall designate, that he is without and unable to obtain the means to pay for baths, and any person desiring to bathe at the free bathhouse on the Hot Springs National Park making a false oath as to his financial condition shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 nor more than $300 and be imprisoned for not more than sixty days.
(Mar. 2, 1911, ch. 200,
Amendments
1936—Act June 26, 1936, increased fine from not more than $25 to not less than $25 nor more than $300 and maximum prison term from not more than 30 days to not more than 60 days.
Change of Name
"Hot Springs National Park" substituted in text for "Hot Springs Reservation" pursuant to act Mar. 4, 1921.
§372. Laws operative within judicial district of Arkansas
The portion of the Hot Springs Mountain Reservation in the State of Arkansas situated and lying within boundaries defined as follows, "commencing at stone monument numbered 7, set upon the west line of Reserve Avenue and marking the boundary line of Hot Springs Mountain, and running thence in a northwesterly direction to a point upon the south line of Fountain Street to a stone monument numbered 42 and marking the boundary line of Hot Springs Mountain; thence along the south line of Fountain Street to its intersection with Central Avenue or to stone monument numbered 33; thence south along the east line of Central Avenue to where the same is intersected by Reserve Avenue at stone monument numbered 30; thence along the north boundary line of Reserve Avenue to stone monument numbered 7, the point of commencement; all in township 2 south, range 19 west, in the county of Garland and State of Arkansas, and also block 82, being a part of the permanent United States Hot Springs National Park", or within such boundaries as may be defined hereafter, shall be under the sole and exclusive jurisdiction of the United States, and all laws applicable to places under such sole and exclusive jurisdiction shall have full force and effect therein. Nothing in this section and
(Apr. 20, 1904, ch. 1400, §§1, 2,
Codification
Provisions at end of section making the described portion of the park part of the United States judicial district of Arkansas and giving jurisdiction of offenses therein to the district court were from section 2 of act of Apr. 20, 1904, and the remainder from section 1 of act Apr. 20, 1904.
Act Mar. 3, 1911 conferred the power of the circuit courts upon the district courts.
Act Sept. 18, 1922, ch. 321 accepted the provisions of the Act of the Legislature of the State of Arkansas, approved Feb. 2, 1921, ceding to the United States exclusive jurisdiction over block 82, aforesaid, and extended to block 82 of the provisions of this section and
Provision of section 1 of act Apr. 20, 1904, reciting the acceptance of the provisions of the Act of the Arkansas Legislature ceding to the United States exclusive jurisdiction over the territory described in section 1 aforesaid was omitted for purposes of codification.
The line of the reservation was changed, and the tract of land thereby excluded was ceded to the city of Hot Springs, to be used for street purposes only, by act May 23, 1906, ch. 2552,
Certain lots situated on the Hot Springs Reservation were granted to the school district of Hot Springs by act Apr. 30, 1908, ch. 154, §1,
A strip of land described was ceded to the city of Hot Springs for use as a public street, by act June 25, 1910, ch. 417,
The three provisions last mentioned were omitted from the Code as executed.
Amendments
1948—Act June 25, 1948, omitted "and the above-described portion of said park shall constitute a part of the Western United States judicial district of Arkansas, and the district court for said district shall have jurisdiction of all offenses committed within said boundaries". See
1946—Act June 24, 1946, transferred the park from the jurisdiction of the Eastern United States Judicial District of Arkansas to the Western United States Judicial District of Arkansas.
Effective Date of 1948 Amendment
Section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948.
Section Referred to in Other Sections
This section is referred to in
§372a. Acceptance of jurisdiction over part of park; application of laws
The conditional cession and grant to the United States of exclusive jurisdiction over that part of the Hot Springs National Park known as the public camp ground and described as follows: Commencing at the stone marking at the northeast corner of the northeast quarter of section 33, township 2 south, range 19 west, thence east for five hundred and twenty-eight feet along the south line of the southwest quarter of section 27, township 2 south, range 19 west, thence north parallel with the reservation line for one thousand three hundred and twenty feet to the north line of said southwest quarter of the southwest quarter of section 27, township 2 south, range 19 west, thence west for five hundred and twenty-eight feet along north line of said southwest quarter of the southwest quarter of section 27, township 2 south, range 19 west to the east line of Hot Springs National Park, thence south along the line of Hot Springs National Park to the place of beginning, in the county of Garland, State of Arkansas, being a part of the Hot Springs National Park, made by act of the Legislature of the State of Arkansas, approved March 27, 1925, are accepted, and the provisions of section 376 1 of this title, relating to the Hot Springs Mountain Reservation, Arkansas, are extended to said land.
(Mar. 3, 1927, ch. 317,
References in Text
1 See References in Text note below.
§373. Injuries to property
Any person who shall, within the tract mentioned in
(Apr. 20, 1904, ch. 1400, §3,
Section Referred to in Other Sections
This section is referred to in
§374. Taking or use of or bathing in water in violation of rules and regulations
Any person who shall, except in compliance with such rules and regulations as the Secretary of the Interior may deem necessary, enter or attempt to enter upon said tract, take, or attempt to take, use, or attempt to use, bathe in, or attempt to bathe in water of any spring located thereon, or without presenting satisfactory evidence that he or she (provided he or she is under medical treatment) is the patient of a physician duly registered at the office of the superintendent of the Hot Springs National Park as one qualified, under such rules which the Secretary of the Interior may have made or shall make, to prescribe the waters of the Hot Springs, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine of not more than $100, and be adjudged to pay all costs of the proceedings. No physician who shall engage in the solicitation of patronage through the medium of drummers, or otherwise, shall be or remain thus registered. If any person so bathing, or attempting to bathe, or so entering, or attempting to enter upon the described tract, shall have the permit of a physician, such physician shall be liable to the penalties of this section, unless he be regularly registered; and such person shall not be liable to the penalties of this section, unless it shall be made to appear that he knew, or had reason to believe, that the physician giving him such permit was not regularly registered.
(Apr. 20, 1904, ch. 1400, §4,
Change of Name
"Hot Springs National Park" substituted in text for "Hot Springs Reservation" pursuant to act Mar. 4, 1921.
Section Referred to in Other Sections
This section is referred to in
§§375 to 383. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 375, act Apr. 20, 1904, ch. 1400, §5,
Section 376, acts Apr. 20, 1904, ch. 1400, §6,
Section 377, acts Apr. 20, 1904, ch. 1400, §7,
Section 378, acts Apr. 20, 1904, ch. 1400, §8,
Section 379, acts Apr. 20, 1904, ch. 1400, §9,
Section 380, acts Apr. 20, 1904, ch. 1400, §11,
Section 381, acts Apr. 20, 1904, ch. 1400, §13,
Section 382, acts Apr. 20, 1904, ch. 1400, §12,
Section 383, act Apr. 20, 1904, ch. 1400, §10,
SUBCHAPTER XLI—HAWAII NATIONAL PARK
§391. Establishment; boundaries
The tracts of land on the island of Hawaii and on the island of Maui, in the Territory of Hawaii, hereinafter described, shall be perpetually dedicated and set apart as a public park or pleasure ground for the benefit and enjoyment of the people of the United States, to be known as Hawaii National Park. Said tracts of land are described as follows:
First. All that tract of land comprising portion of the lands of Kapapala and Keauhou, in the District of Kau, and portions of the lands of Keaau, Kahaualea, Panaunui, and Apua, in the District of Puna, containing approximately thirty-four thousand five hundred and thirty-one acres, bounded as follows:
Beginning at a point on the west edge of the Keamoku Aa Flow (lava flow of 1823), the coordinates of said point of beginning referred to Government Survey Trigonometry Station "Uwekahuna", being four thousand seven hundred and six and six-tenths feet south and seventeen thousand nine hundred and seventy and three-tenths feet west, and the true azimuth and distance from said point of beginning to Government Survey Trigonometry Station "Ohaikea", being one hundred and sixty-six degrees and twenty minutes, six thousand three hundred and fifty feet, and running by true azimuths—
1. Along the west edge of the Keamoku Aa Flow in a northeasterly and northwesterly direction, the direct azimuth and distance being one hundred and ninety-eight degrees and ten minutes fourteen thousand seven hundred feet;
2. Two hundred and fifty-six degrees, eleven thousand four hundred feet across the land of Kapapala and Keauhou to a marked point on the Humuula Trail;
3. Three hundred and twenty-eight degrees and fifteen minutes eight thousand seven hundred and twenty-five feet across the land of Keauhou to the top of the fault north and the Kau Road;
4. Thence along the fault in a northeasterly direction along the remainder of Keauhou to a pipe, the direct azimuth and distance being two hundred and fifty-one degrees and thirty minutes four thousand three hundred and thirty feet;
5. Two hundred and eighty-six degrees five hundred and thirty feet along the remainder of Keauhou;
6. Two hundred and ninety-eight degrees nine hundred and sixty feet along same;
7. Two hundred and eighty-three degrees and forty-eight minutes one thousand one hundred and forty-six and five-tenths feet along same to a pipe;
8. Two hundred and sixty-seven degrees and twenty minutes one thousand and twenty-seven and five-tenths feet along same;
9. Two hundred and ninety-three degrees and ten minutes one thousand and fifty feet along same to a pipe;
10. Three hundred and twenty-one degrees and forty-six minutes one thousand one hundred and eleven and three-tenths feet along same;
11. Three hundred and thirty-three degrees and fifty minutes one thousand one hundred feet along same;
12. Three hundred and twenty-seven degrees and twenty minutes one thousand nine hundred and forty feet along same;
13. Two hundred and eighty-three degrees and thirty-nine minutes two thousand and fifty-seven and four-tenths feet along same to a pipe;
14. Three hundred and thirty-three degrees and twenty minutes two hundred and fifty feet along same to a pipe on the north side of Government Main Road at junction with the Keauhou Road, said pipe being by true azimuth and distance two hundred and ninety-five degrees and twelve minutes six thousand one hundred and sixty-seven and one-tenth feet from Government Survey Trigonometry Station "Volcano House Flag";
15. Three hundred and thirty-three degrees and twenty minutes three thousand two hundred and eighty-three and two-tenths feet along the remainder of Keauhou to a pipe;
16. Three hundred and fifty-four degrees and fifty-four minutes sixty feet along the remainder of Keaau;
17. Two hundred and thirty-one degrees and thirty-one minutes one thousand six hundred and seventy-eight and eight-tenths feet along same;
18. Three hundred and eighteen degrees eight hundred and sixteen and four-tenths feet along same to the boundary between the lands of Keaau and Kahaualea;
19. Seventy-two degrees and forty-five minutes one thousand two hundred and thirty-three and three-tenths feet along the land of Kahaualea to a pipe;
20. Forty-eight degrees six hundred and thirty-four feet along the remainder of Kahaualea to a pipe on the Kahaualea-Keauhou boundary;
21. Three hundred and thirty-two degrees and ten minutes six thousand five hundred and fifty-one and four-tenths feet along the Kahaualea-Keaau boundary to a pipe;
22. Two hundred and eighty-one degrees thirty thousand three hundred and one and seven-tenths feet along the remainder of Kahaualea to a pipe;
23. Thirty-one degrees and thirty minutes thirteen thousand and seventy-four and seven-tenths feet along the remainder of Kahaualea and Panaunui to a pipe, passing over a pipe at five thousand nine hundred and twenty-two and two-tenths feet on the Kahaualea-Panaunui boundary;
24. Eighty-nine degrees and ten minutes thirty-two thousand nine hundred feet along the remainder of Panaunui, across the lands of Apua and Keauhou to "Palilele-o-Kalihipaa", at an angle in the Keauhou-Kapapala boundary marked by a pile of stones, passing over pipes at three thousand five hundred and seventy-two and eight-tenths feet on the Panaunui-Apua boundary and eight thousand four hundred and thirty-five and three-tenths feet;
25. Fifty-one degrees fifty minutes and thirty seconds five thousand four hundred and thirty feet across the land of Kapapala;
26. One hundred and two degrees and fifty minutes nineteen thousand one hundred and fifty feet across same to a small cone about one thousand five hundred feet southwest of "Puu Koae";
27. One hundred and sixty-six degrees and twenty minutes twenty-one thousand feet across the land of Kapapala to the point of beginning; and all of those lands lying within the boundary above described are included in and made a part of the Hawaii National Park subject to all laws and regulations pertaining to said park.
Second. All that tract of land comprising portions of the lands of Kapapala and Kahuku, in the district of Kau, island of Hawaii; Keauhou second, in the district of North Kona; and Kaohe, in the district of Hamakua, containing seventeen thousand nine hundred and twenty acres, bounded as follows: Beginning at Pohaku Hanalei of Humuula, a small cone on the brow of Mauna Loa, and at the common boundary points of the lands of Humuula, Kapapala, and Kaohe, from which the true azimuth and distance to Government survey trigonometrical station Omaokoili is one hundred and ninety-five degrees twelve minutes eighteen seconds, seventy-eight thousand two hundred and eighty-six feet, and running by true azimuths: First, two hundred and ninety-eight degrees, five thousand two hundred and forty feet; second, twenty-eight degrees, thirty-six thousand nine hundred and sixty feet; third, one hundred and eighteen degrees, twenty-one thousand one hundred and twenty feet; fourth, two hundred and eight degrees, thirty-six thousand nine hundred and sixty feet; fifth, two hundred and ninety-eight degrees, fifteen thousand eight hundred and eighty feet, to the point of beginning.
Third. A strip of land of sufficient width for a road to connect the two tracts of land on the island of Hawaii above described, the width and location of which strip shall be determined by the Secretary of the Interior.
Fourth. All that tract of land comprising portions of the lands of Honuaula and Kula, in the district of Makawao, and Kipahulu, Kaupo, and Kahikinui, in the district of Hana, on the island of Maui, containing approximately twenty-one thousand one hundred and fifty acres, bounded as follows: Beginning at a point called Kolekole, on the summit near the most western point of the rim of the crater of Haleakala, and running by approximate azimuths and distances: First, hundred and ninety-three degrees forty-five minutes, nineteen thousand three hundred and fifty feet along the west slope of the crater of Haleakala to a point called Puu-o-Ili; second, two hundred and sixty-eight degrees, twenty-three thousand feet up the western slope and across Koolau Gap to the point where the southwest boundary of Koolau Forest Reserve crosses the east rim of Koolau Gap; third, three hundred and six degrees thirty minutes, seventeen thousand one hundred and fifty feet along the southwest boundary of Koolau Forest Reserve to a point called Palalia, on the east rim of the crater of Haleakala; fourth, along the east rim of the crater of Haleakala, the direct azimuth and distance being three hundred and fifty-four degrees fifteen minutes, eighteen thousand three hundred feet, to a point on the east rim of Kaupo Gap, shown on Hawaiian Government survey maps at an elevation of four thousand two hundred and eight feet; fifth, eighty-eight degrees forty-five minutes, three thousand three hundred feet, across Kaupo Gap to a point called Kaumikaohu, on the boundary line between the lands of Kipahulu and Kahikinui; sixth, one hundred and two degrees and thirty minutes, forty thousand seven hundred and fifty feet, along the south slope of the crater of Haleakala to the point of beginning.
Fifth. All that tract of land comprising a portion of the Kau Desert, Kapapala, in the district of Kau, on the island of Hawaii, containing forty-three thousand four hundred acres, more or less, bounded as follows: Beginning at a galvanized-iron nail driven into the pahoehoe at the northeast corner of this tract of land, at a place called Palilele-o-Kalihipaa, and on the boundary between the lands of Kapapala and Keauhou, the coordinates of said point of beginning referred to Government survey trigonometrical station Uwekahuna, being twenty-six thousand and ten and four-tenths feet south and nine thousand nine hundred and thirty-two and four tenths feet east, as shown on Government survey registered map numbered two thousand three hundred and eighty-eight and running by true azimuths: First, three hundred and fifty degrees forty-three minutes, thirty thousand and twenty-three feet, along the land of Kapapala to a point at seacoast; second, thence in a west and southwesterly direction along the seacoast to a station on a large flat stone, at a place called Na-Puu-o-na-Elemakule, at the seacoast boundary point of the lands of Kapapala and Kaalaala, the direct azimuth and distance being sixty-nine degrees thirty-four minutes thirty seconds, thirty-two thousand and forty-three feet; third, eighty-nine degrees twenty-seven minutes thirty seconds, thirty thousand six hundred and ninety feet, along the land of Kaalaala to the main 1868 lava crack, said point being by true azimuth and distance two hundred and ninety-six degrees twenty-seven minutes thirty seconds, twenty-one hundred feet from Government survey trigonometrical station Puu Nahala; fourth, thence up along the main 1868 lava crack, along the Kapapala pastoral lands to a small outbreak of lava from the 1868 lava crack, opposite the Halfway House, the direct azimuth and distance being one hundred and ninety-eight degrees, thirty-two thousand five hundred and fifty feet; fifth, two hundred and thirty degrees twenty-five minutes, twenty-seven thousand six hundred and fifteen feet, along the Kapapala pastoral lands to the west boundary of the Kilauea section, Hawaii National Park; sixth, three hundred and forty-six degrees twenty minutes, six thousand seven hundred and forty-two feet, along said west boundary to a small cone; seventh, two hundred and eighty-two degrees fifty minutes, nineteen thousand one hundred and fifty feet, along the south boundary of said Kilauea section, Hawaii National Park; eighth, two hundred and thirty-one degrees fifty minutes thirty seconds, five thousand four hundred and thirty feet, along said south boundary to the point of beginning. The Federal Power Act [
(Aug. 1, 1916, ch. 264, §1,
References in Text
The Federal Power Act, referred to in text, was in the original the "Act of June 10, 1920, entitled 'An Act to create a Federal power commission; to provide for the improvement of navigation; the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes' ", and was redesignated the Federal Power Act by
Codification
Subd. Fifth is from sections 1 and 2 of act May 1, 1922. Section 1 of act May 1, 1922, in addition to describing the tract, recited that it was the tract set aside for park purposes on Oct. 29, 1920, by executive order of the governor of the territory of Hawaii.
The last sentence of this section is from section 2 of act May 1, 1922. The remainder of said section 2, omitted from the Code as having been given effect by the insertion of the last paragraph of the section, extended over the described territory the provisions of act Aug. 1, 1916, incorporated in this section and
Amendments
1928—Act Apr. 11, 1928, amended subd. First generally.
Admission of Hawaii as State
Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of
Hawaii Volcanoes National Park
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawaii Volcanoes National Park, effective Sept. 22, 1961, see
Haleakala National Park
Establishment of detached portion of Hawaii National Park lying on island of Maui as Haleakala National Park, effective July 1, 1961, see
Section Referred to in Other Sections
This section is referred to in
§391a. Boundary on island of Maui changed
The boundary of the Hawaii National Park on the island of Maui is changed to read as follows:
Beginning at a triangle on set stone, said mark being the Government survey triangulation station Puu Nianiau in the land of Kalialinui, and running by true azimuths:
1. Three hundred degress fifty-seven minutes thirty seconds eleven thousand seven hundred and sixty-nine and three-tenths feet along the remaining portion of the land of Kalialinui to a concrete monument marked Number 1 on spur and on the west edge of Koolau Gap.
2. Two hundred and ninety-seven degrees forty-seven minutes thirty seconds fourteen thousand six hundred and fifty-two and six-tenths feet along same and across Koolau Gap to a concrete monument marked Number 3, the true azimuth and distance from said monument to Government survey triangulation station Hanakauhi being forty-five degrees fourteen minutes nine hundred and eighty-eight feet.
3. Two hundred and sixty-nine degrees fifty-seven minutes thirty seconds nine thousand and one and three-tenths feet along same to a concrete monument marked Number 7 on the southwest boundary of the land of Haiku.
4. Three hundred and six degrees thirty-nine minutes three thousand nine hundred and thirteen and four-tenths feet along the southwest boundary of the land of Haiku to a cross on large flat rock called Pohaku Palaha.
5. Two hundred and seventy-three degrees seven minutes four hundred and forty feet along the Nahiku tract to Government survey triangulation station Pakihi.
6. Thence following along summit of dividing ridge between Haleakala crater and Kipahulu Valley to an ahu at a place called Pakihi, the direct azimuth and distance being three hundred and fifty degrees four minutes thirty seconds seven thousand four hundred and fourteen and seven-tenths feet.
7. Thence along Government land and following along rim of the crater and crest of wall of Kaupo Gap to a four inch by four inch redwood post, the direct azimuth and distance being three hundred and fifty-six degrees forty-one minutes ten thousand eight hundred and sixty-seven and nine-tenths feet.
8. Eighty-six degrees one minute thirty seconds six thousand seven hundred and seventy-seven and four-tenths feet along grant 3457, lot 1, to A. V. Marciel, and the remaining portion of the land of Nuu (R. P. 8049, L. C. A. 6239 Apana 2 to Kalaimoku), passing over a cross on stone at Kauhaokamoa at three thousand four hundred and forty-one and eight-tenths feet and passing over an iron pipe on the west edge of the Koolau Gap at five thousand eight hundred and seventy-four feet.
9. One hundred and thirty-eight degrees forty-two minutes thirty seconds nine thousand five hundred and seventy-four and two-tenths feet along the remaining portion of said land of Nuu to a cross on rock, the true azimuth and distance to Government survey triangulation station Haleakala 2 being one hundred and seventy-nine degrees thirteen minutes fifteen seconds nine hundred and forty-three and two-tenths feet.
10. Ninety-one degrees thirty-four minutes forty-five seconds nine thousand nine hundred and sixty and four-tenths feet along same to a concrete monument marked Number 14, the true azimuth and distance from said monument to an arrow on rock called Kumuiliahi, marking the northeast corner of the land of Nakula, being one hundred and sixty-seven degrees twenty-eight minutes nine hundred and twenty-eight and seven-tenths feet
11. Ninety degrees twenty-three minutes thirty seconds twelve thousand two hundred and forty-nine and three-tenths feet along the remaining portion of the lands of Nakula and Kahikinui to a concrete monument marked Number 15.
12. One hundred and seventeen degrees fifty-two minutes thirty seconds five thousand two hundred and nine and two-tenths feet along the remaining portion of the land of Kahikinui to a concrete monument marked Number 16, the true azimuth and distance from said monument to Government survey triangulation station Kolekole, being ninety-eight degrees thirty minutes one thousand five hundred and forty-three and five-tenths feet.
13. One hundred and twenty-seven degrees thirty-eight minutes two thousand one hundred and seventy-five and six-tenths feet along same and the land of Papaanui to a concrete monument marked Number 17, the true azimuth and distance from said monument to a concrete monument marked Number 25, which marks the south corner of the land of Kealahou 3 and 4 being forty degrees ten minutes thirty seconds four hundred and sixty-six and two-tenths feet.
14. Two hundred and thirteen degrees forty-six minutes eight thousand two hundred and forty-one and two-tenths feet along the remaining portions of the lands of Kealahou 3 and 4 and Pulehunui to a concrete monument marked Number 19, the true azimuth and distance from said monument to a "K" marked on a large lava rock called Kilohana, at the east corner of the lands of Kealahou 3 and 4, being three hundred and twenty-three degrees fifty-three minutes nine hundred and forty-seven and three-tenths feet.
15. One hundred and forty-three degrees fifty-three minutes six thousand nine hundred and five and three-tenths feet along the land of Pulehunui to a concrete monument marked Number 20.
16. One hundred and ninety-nine degrees twenty-three minutes ten thousand seven hundred and twenty-six feet along the remaining portion of the land of Kalialinui to the point of beginning, passing over a concrete monument marked Number 22 at a distance of six thousand four hundred thirty-six and seven-tenths feet; including portions of the lands of Kealahou 3 and 4, Pulehunui, Kalialinui, Kaupo, Nuu, Nakula, Kahikinui and Papaanui, Island of Maui, and containing seventeen thousand one hundred and thirty acres, more or less; and all of those lands lying within the boundary above described are included in and made a part of the Hawaii National Park subject to all laws and regulations pertaining to said park.
(Feb. 12, 1927, ch. 111, §1,
Haleakala National Park
Establishment of detached portion of Hawaii National Park lying on island of Maui as Haleakala National Park, effective July 1, 1961, see
Section Referred to in Other Sections
This section is referred to in
§391b. Extension of boundaries
When title to all or any of the following-described lands on the island of Hawaii, in the Territory of Hawaii, shall be vested in the United States, such lands shall be, and the same are, added to and made a part of the Hawaii National Park:
Kalapana extension (being portions of the lands of Kahaualea, Panaunui, and Apua and all of the lands of Poupou, Pulama, Kamoamoa, Laeapuki, Panauiki, Kealakomo, and Kahue, in the district of Puna, and portion of the land of Keauhou, in the district of Kau): Beginning at the United States National Ocean Survey triangulation station Kupapau (marked by a survey tablet set in large rock), the true azimuth and distance from said point of beginning to the United States National Ocean Survey triangulation station Hakuma (marked by a United States National Ocean Survey tablet set in smooth lava outcrop and surrounded by a circular patch of cement near edge of sea pali) being two hundred and forty-four degrees forty minutes and fifty seconds exactly fourteen thousand four hundred and thirteen feet and running as follows, all azimuths being measured clockwise from true south (note azimuths of courses 1 to 4, inclusive, are referred to Hakuma meridian):
Along the seacoast at high-water mark, in a general southwesterly direction for the first five courses, the true azimuths and distances between points on said seacoast being—
1. Exactly sixty-six degrees and fifteen minutes twenty-six thousand three hundred and thirty-six and six-tenths feet to United States National Ocean Survey station Laeapuki, marked by a survey tablet set in mound and covered by a small cairn;
2. Exactly sixty degrees and ten minutes eighteen thousand seven hundred feet to Kaena Point;
3. Exactly seventy-one degrees and fifty-six minutes, twenty-one thousand three hundred and fifty feet to Apua Point;
4. Exactly ninety-eight degrees and forty-five minutes seven thousand four hundred feet to a pipe in concrete at a place called Okiokiahu (note: azimuths of courses 5 to 11, inclusive, are referred to Uwekahuna meridian);
5. One hundred and nine degrees fifty-seven minutes and twenty-two seconds ten thousand seven hundred and seventeen and nine-tenths feet to a pipe in concrete at a place called Makaloa; thence
6. One hundred and seventy degrees four minutes and thirty-nine seconds exactly six thousand eight hundred feet along Hawaii National Park, Kilauea section, to the foot of the Puueo pali;
7. Two hundred and forty-three degrees five minutes and thirty seconds exactly one thousand nine hundred and seventy-three feet along the foot of Puueo pali along portion of the land of Keauhou;
8. Exactly two hundred and eighty-six degrees fifty minutes exactly nine thousand seven hundred feet along portion of the land of Keauhou;
9. One hundred and seventy-eight degrees thirty-eight minutes and twenty-five seconds exactly twelve thousand five hundred feet along portion of the land of Keauhou to a pipe in concrete at top of the Poliokeawe pali;
10. One hundred and sixty-six degrees twenty-two minutes and twenty-four seconds twelve thousand four hundred and sixty-seven and nine-tenths feet along portion of the land of Keauhou to a pipe in concrete on the south boundary of Hawaii National Park, Kilauea section;
11. Exactly two hundred and sixty-nine degrees and ten minutes twenty-one thousand one hundred forty-six and five-tenths feet along Hawaii National Park, Kilauea section, to a pipe (note: azimuths of courses 12 and 13 are referred to Puu Huluhulu meridian):
12. Exactly two hundred and eleven degrees and thirty minutes thirteen thousand seventy-four and seven-tenths feet along Hawaii National Park, Kilauea section, to a pipe;
13. Exactly two hundred and eighty-one degrees exactly two thousand nine hundred and thirty-one feet along portion of the land of Kahaualea (note: azimuths of courses 14 to 24, inclusive, are referred to Hakuma meridian);
14. Exactly two hundred and twelve degrees and thirty minutes exactly eight thousand and fifteen feet along the land of Kahaualea;
15. Exactly two hundred and ninety-seven degrees and fifteen minutes exactly twenty-four thousand five hundred and fifty-two feet along the land of Kahaualea;
16. Exactly two hundred and forty-five degrees and fifty-eight minutes exactly six thousand one hundred and sixty-eight feet along the land of Kahaualea;
17. Exactly three hundred and twenty-six degrees and thirty-one minutes exactly five thousand two hundred and forty-eight feet along the land of Kahaualea;
18. Exactly three hundred and fifty-nine degrees and fifteen minutes exactly four hundred and forty-five feet along the land of Kahaualea;
19. Exactly three hundred and twenty-nine degrees exactly two thousand two hundred and eleven feet along the land of Kahaualea;
20. Two hundred and thirty-four degrees thirty-nine minutes and forty seconds exactly three thousand two hundred and eighty-three feet across portion of the land of Kahaualea;
21. Exactly three hundred and thirty-eight degrees and twelve minutes three thousand nine hundred and twenty-seven and five-tenths feet along the land of Kapaahu;
22. Exactly three hundred and thirty-four degrees and thirty minutes exactly one thousand seven hundred and eighty feet along the land of Kapaahu to the south corner of grant 3208 to West Kaloi;
23. Exactly three hundred and thirty-one degrees and thirty minutes five thousand and ninety-seven and eight-tenths feet along the land of Kapaahu to a point near seacoast; thence
24. To and along the seacoast at high-water mark to the point of beginning, the true azimuth and distance being: Exactly fifty-three degrees and eighteen minutes three thousand three hundred and sixty-four feet.
Area, forty-nine thousand three hundred and forty acres.
Footprint extension: Beginning at the northeast corner of this tract of land, at a point on the west edge of the Keamoku Aa Flow (lava flow of 1823), and on the westerly boundary of Hawaii National Park, Kilauea section, as described in Governor's Executive Order 86, the coordinates of said point of beginning referred to Government survey triangulation station Uwekahuna, being four thousand seven hundred and six and six-tenths feet south and seventeen thousand nine hundred and seventy and three-tenths feet west, and the true azimuth and distance from said point of beginning to Government survey triangulation station Ohaikea being one hundred and sixty-six degrees and twenty minutes exactly six thousand three hundred and fifty feet, as shown on Government survey registered map 2388, and running by azimuths measured clockwise from true south—
1. Three hundred and forty-six degrees and twenty minutes exactly fourteen thousand two hundred and fifty-eight feet along Hawaii National Park, Kilauea section, as described in Governor's Executive Order 86;
2. Fifty degrees and twenty-five minutes exactly twenty-seven thousand six hundred and fifteen feet along Hawaii National Park, Kilauea section, as described in Governor's Executive Order 81, thence along the remainder of the Government land of Kapapala to the point of beginning as follows:
3. One hundred and ninety-one degrees no minutes and twenty seconds thirteen thousand five hundred and forty-four and five-tenths feet to a pipe at fence corner a little southwest of the old halfway house and about twenty feet southeast of the edge of the Government main road;
4. Two hundred and thirty-four degrees and twenty-five minutes one thousand three hundred and seventy-seven and five-tenths feet to a pipe on a mound of pahoehoe about ninety feet southeast of the Government main road;
5. Two hundred and twenty degrees and forty minutes exactly one thousand seven hundred and eighty-seven feet crossing the Government main road to a spike in large boulder in stone wall about one hundred and twenty-five feet north of the Government main road; thence
6. Along stone wall over the lava flows, the boundary following the wall in its turns and windings, the direct azimuth and distance being: two hundred and nineteen degrees twenty-two minutes and forty-five seconds exactly eighteen thousand one hundred and twenty-one feet to a point in said stone wall.
7. Two hundred and thirty-eight degrees and seven minutes exactly two hundred and fifty feet partly along stone wall to a pipe in the middle of a corral;
8. Two hundred and thirty-four degrees and two minutes exactly two hundred feet across corral and along stone wall to a point in said wall;
9. Two hundred and thirty-nine degrees and thirty minutes exactly three hundred and fifteen feet along stone wall to a pipe at end of wall and on the south side of the old Peter Lee Road;
10. One hundred and eighty-five degrees and thirty minutes exactly three hundred and eighty feet crossing old Peter Lee Road and along fence to a pipe at fence corner on the west bank of a ravine; thence
11. Following along the west bank of ravine, the direct azimuth and distance being: two hundred and three degrees and twenty-three minutes four hundred seventy-five and seven-tenths feet to a pipe on the west bank of the ravine;
12. Two hundred and twenty degrees and fifty-four minutes exactly two hundred and forty-five feet across ravine and along fence to a spike in stone pile;
13. Two hundred and twelve degrees and forty-four minutes exactly two hundred feet along fence to a spike in stone pile;
14. Two hundred and twenty-two degrees and fifty-three minutes exactly two hundred and forty feet along fence to a spike in stone pile;
15. Two hundred and twenty-five degrees and forty-six minutes three hundred and forty and six-tenths feet to the point of beginning and containing an area of five thousand seven hundred and thirty acres, more or less; and, in addition, any lands adjacent or contiguous to the Hawaii National Park as extended which, in the discretion of the Secretary of the Interior, are necessary for the proper rounding out of the boundaries of the park: Provided, That the United States shall not purchase, by appropriation of public moneys, any land within the aforesaid area, but such lands shall be secured by the United States only by public and private donations.
(June 20, 1938, ch. 530, §1,
Change of Name
"National Ocean Survey" substituted for "Coast and Geodetic Survey" in second par. 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,
Admission of Hawaii as State
Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of
Hawaii Volcanoes National Park
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawaii Volcanoes National Park, effective Sept. 22, 1961, see
Section Referred to in Other Sections
This section is referred to in
§391b–1. Laws applicable to added lands
The provisions of
(June 20, 1938, ch. 530, §4,
References in Text
Hereby, referred to in text, means act June 20, 1938, which is classified to
The Federal Power Act, referred to in text, was in the original the "Act of June 10, 1920, as amended, entitled 'An Act to create a Federal Power Commission; to provide for the improvement of navigation; the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes' ", and was redesignated the Federal Power Act by
Codification
Section is comprised of section 4 of act June 20, 1938, less last proviso which is classified to
Section Referred to in Other Sections
This section is referred to in
§391c. Withdrawal of lands for use as bombing target range
Within a tract of land containing six thousand four hundred fifty acres, more or less, on the island of Hawaii in the Territory of Hawaii, located in the Hawaii National Park, created by
Beginning at a place called Na Puu O na Elemakule located at the southeastern corner of the Hawaii National Park, said point being marked by a triangle on a large flat stone, thence by azimuth (measured clockwise from true south) and distances as follows: Eighty-nine degrees twenty-seven minutes thirty seconds, three thousand three hundred feet along the southern boundary of Hawaii National Park; one hundred and seventy-nine degrees twenty-seven minutes thirty seconds, fourteen thousand five hundred and fifty feet over and across Pali to a point on Kau Desert Plateau; two hundred and forty-three degrees fifty-seven minutes no seconds, eighteen thousand four hundred and fifty feet to a point located above Hilima Pali; three hundred and fifty-nine degrees twenty-seven minutes thirty seconds, twelve thousand nine-hundred and ninety feet more or less to high-water line; thence in southwesterly direction along the high-water line to the point of beginning; containing an area of six thousand four hundred and fifty acres, more or less; there shall be withdrawn from the control and jurisdiction of the Secretary of the Interior and transferred to the jurisdiction and control of the Secretary of the Air Force so much thereof as may be agreed upon between the Secretaries of the Air Force and Interior for use as an Air Force bombing target range, and for such other military purposes and uses as may be prescribed by the Secretary of the Air Force.
(July 16, 1940, ch. 630,
Codification
"Air Force" substituted in text for "War" on authority of section 207(a), (f) of act July 26, 1947, ch. 343, title II,
For transfer of certain real property functions to Secretary of the Air Force from Secretary of the Army, see Secretary of Defense Transfer Order Nos. 14, eff. July 1, 1948, and 40, [App. B(65)], July 22, 1949.
Admission of Hawaii as State
Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of
Hawaii Volcanoes National Park
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawaii Volcanoes National Park, effective Sept. 22, 1961, see
§391d. Change in name of part of Hawaii National Park
Effective September 22, 1961, the portion of the Hawaii National Park situated on the island of Hawaii, established and administered pursuant to
(
§392. Acquisition of privately owned lands
The governor of the Territory of Hawaii is authorized to acquire, at the expense of the Territory of Hawaii, by exchange or otherwise, all privately owned lands lying within the boundaries of the Hawaii National Park as defined by
(Feb. 27, 1920, ch. 89, §§1, 2,
References in Text
Section 73 of an Act approved April 30, 1900, as amended, referred to in text, was classified to
Codification
Section 1 of act Feb. 27, 1920, is the source of that portion of this section preceding "but the provisions of section 73"; remainder being from section 2 of that Act.
Admission of Hawaii as State
Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 FR 6868, 73 Stat. c74, as required by sections 1 and 7(c) of
Hawaii Volcanoes National Park
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawaii Volcanoes National Park, effective Sept. 22, 1961, see
Haleakala National Park
Establishment of detached portion of Hawaii National Park lying on island of Maui as Haleakala National Park, effective July 1, 1961, see
Extension of Application
Act Apr. 11, 1928, ch. 359, §2,
Section Referred to in Other Sections
This section is referred to in
§392a. Provisions of section 392 extended to additional lands
The provisions of
(Feb. 12, 1927, ch. 111, §2,
Haleakala National Park
Establishment of detached portion of Hawaii National Park lying on island of Maui as Haleakala National Park, effective July 1, 1961, see
§392b. Conveyance of added lands to United States by Governor
The Governor of the Territory of Hawaii is authorized to convey to the United States any and all lands and interests in lands acquired by the Territorial Government under the provisions of
(June 20, 1938, ch. 530, §4,
Codification
Section is comprised of the last provision of section 4 of act June 20, 1938, the remainder of which is classified to
Admission of Hawaii as State
Admission of Hawaii into the union was accomplished on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of
Section Referred to in Other Sections
This section is referred to in
§392c. Addition to Hawaii Volcanoes National Park
(a) Acquisition of land
Notwithstanding any other provision of
(b) Exchange of land; equalization payments
In exercising his authority to acquire the real property referred to in subsection (a) of this section by exchange, the Secretary may accept title thereto and in exchange therefor he may convey to the grantor of such real property title to any United States Government real property under his administrative jurisdiction, other than real property within or administered as a part of the National Park System, in the State of Hawaii which he determines is suitable for such exchange. The values of the properties exchanged shall be approximately equal, or if they are not approximately equal, the values shall be equalized by the payment of money to the grantor or to the Secretary as the circumstances require. In no circumstance shall an equalization payment exceed one fourth (25 percent) the appraised value of the real property referred to in subsection (a) of this section. Any money paid to the Secretary shall be deposited as miscellaneous receipts in the Treasury of the United States.
(c) State owned land; acquisition only by donation or exchange
Real property owned by the State of Hawaii or any political subdivision thereof may be acquired only by donation or exchange.
(d) Transfer of administrative jurisdiction over surplus federally owned real property in Hawaii to facilitate exchange; exchange of land with State of Hawaii, consultation, limitation
(1) In order to facilitate the acquisition of the real property referred to in subsection (a) of this section by exchange, notwithstanding any other provision of law, upon request of the Secretary, the Administrator of General Services shall transfer to the Secretary, without reimbursement, administrative jurisdiction over any excess or surplus United States Government real property in the State of Hawaii for purposes of such an exchange.
(2) For the purposes of a land exchange with the State of Hawaii, the Secretary shall consult with the State of Hawaii in the process of identifying suitable exchange lands belonging to the United States Government.
(3) For the purposes of a land exchange with the State of Hawaii, real property owned by the United States Government and selected for use in a land exchange shall not be from among those lands ceded to the United States Government.
(e) Administration of land acquired
The real property acquired by the Secretary pursuant to this section shall be administered by the Secretary as part of Hawaii Volcanoes National Park, subject to the laws and regulations applicable to the Park.
(f) Authorization of appropriations
There is hereby authorized to be appropriated up to $700,000 to carry out the purpose of this section.
(June 20, 1938, ch. 530, §5, as added
Section Referred to in Other Sections
This section is referred to in
§393. Entries under land laws; rights-of-way; lands excluded
Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States prior to August 1, 1916, whether for homestead, mineral, right-of-way, or any other purpose whatsoever, or shall affect the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. Whenever consistent with the primary purposes of the park,
(Aug. 1, 1916, ch. 264, §§2, 3,
References in Text
Herein, referred to in text, means act Aug. 1, 1916, which is classified to
The land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands.
Codification
Section is a combination of sections 2 and 3 of act Aug. 1, 1916, all but the last sentence being derived from section 2.
Haleakala National Park
Establishment of detached portion of Hawaii National Park lying on island of Maui as Haleakala National Park, effective July 1, 1961, see
Cross References
Issuance of licenses to citizens or associations or corporations for purpose of constructing, operating, and maintaining dams, water conduits, reservoirs, powerhouses, transmission lines, etc., upon any part of the public lands or reservations of United States, see
Section Referred to in Other Sections
This section is referred to in
§394. Control; rules and regulations; leases; appropriations
Hawaii National Park shall be under the executive control of the Secretary of the Interior. He shall perform the duties and exercise the powers enumerated in
(Aug. 1, 1916, ch. 264, §4,
Codification
A provision making it the duty of the Secretary of the Interior, as soon as practicable, to make and publish such rules and regulations as he might deem necessary and proper for the care and management of the park was omitted as temporary and executed.
Hawaii Volcanoes National Park
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawaii Volcanoes National Park, effective Sept. 22, 1961, see
Haleakala National Park
Establishment of detached portion of Hawaii National Park lying on island of Maui as Haleakala National Park, effective July 1, 1961, see
Cross References
All revenues of national parks to be covered into the Treasury, see
Regulations of Secretary of the Interior, see
Section Referred to in Other Sections
This section is referred to in
§395. Exclusive jurisdiction in United States; exceptions; laws applicable; fugitives from justice
Sole and exclusive jurisdiction shall be exercised by the United States over the territory which is now or may hereafter be included in the Hawaii National Park in the Territory of Hawaii, saving, however, to the Territory of Hawaii the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed outside of said park, and saving further to the Territory of Hawaii the right to tax persons and corporations, their franchises and property on the lands included in said park. All the laws applicable to places under the sole and exclusive jurisdiction of the United States shall have force and effect in said park. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the Territory of Hawaii.
(Apr. 19, 1930, ch. 200, §1,
Admission of Hawaii as State
Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of
Hawaii Volcanoes National Park
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawaii Volcanoes National Park, effective Sept. 22, 1961, see
Haleakala National Park
Establishment of detached portion of Hawaii National Park lying on island of Maui as Haleakala National Park, effective July 1, 1961, see
§§395a, 395b. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 395a, act Apr. 19, 1930, ch. 200, §3,
Section 395b, act Apr. 19, 1930, ch. 200, §3,
§395c. Hunting and fishing; general rules and regulations; protection of property; violation of statutes and rules; penalties
All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. That the Secretary of the Interior shall make and publish such general rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, natural curiosities, or wonderful objects within said park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession within said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of this Act and who receives for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park or for the protection of the property therein, for the preservation from injury or spoliation of timber, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the park, or who shall within said park willfully commit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, natural curiosities, or other matter or thing growing or being thereon or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings.
(Apr. 19, 1930, ch. 200, §4,
References in Text
This Act, referred to in text, is act Apr. 19, 1930, which is classified to
Hawaii Volcanoes National Park
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawaii Volcanoes National Park, effective Sept. 22, 1961, see
Haleakala National Park
Establishment of detached portion of Hawaii National Park lying on island of Maui as Haleakala National Park, effective July 1, 1961, see
§395d. Forfeiture of property used for unlawful purposes
All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or animals shall be forfeited to the United States and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.
(Apr. 19, 1930, ch. 200, §5,
References in Text
This Act, referred to in text, is act Apr. 19, 1930, which is classified to
Hawaii Volcanoes National Park
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawaii Volcanoes National Park, effective Sept. 22, 1961, see
Haleakala National Park
Establishment of detached portion of Hawaii National Park lying on island of Maui as Haleakala National Park, effective July 1, 1961, see
§§395e to 395j. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 395e, acts Apr. 19, 1930, ch. 200, §6,
Section 395f, act Apr. 19, 1930, ch. 200, §7,
Section 395g, act Apr. 19, 1930, ch. 200, §8,
Section 395h, acts Apr. 19, 1930, ch. 200, §9,
Section 395i, act Apr. 19, 1930, ch. 200, §10,
Section 395j, act Apr. 19, 1930, ch. 200, §11,
§396. Additional lands; acceptance of title
The Secretary of the Interior is authorized, in his discretion and upon submission of evidence of satisfactory title to him, to accept, on behalf of the United States, title to the lands referred to in
(June 20, 1938, ch. 530, §2,
Hawaii Volcanoes National Park
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawaii Volcanoes National Park, effective Sept. 22, 1961, see
Cross References
Laws applicable to lands added to park, see
Section Referred to in Other Sections
This section is referred to in
§396a. Lease of lands to native Hawaiians, residence requirements; fishing
(a) The Secretary of the Interior is authorized to lease, under such rules and regulations as he may deem proper, land ascertained by him to be suitable for home site purposes in the Kalapana extension as described in
(b) The term "native Hawaiian", as used in this section, means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to 1778.
(June 20, 1938, ch. 530, §3,
Hawaii Volcanoes National Park
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawaii Volcanoes National Park, effective Sept. 22, 1961, see
Cross References
Laws applicable to lands added to park, see
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER XLII—HALEAKALA NATIONAL PARK
§396b. Establishment; boundaries; administration
Effective July 1, 1961, the detached portion of the Hawaii National Park which lies on the island of Maui is established as a separate unit of the national park system to be known as Haleakala National Park. The park so established shall be administered in accordance with
(
Hawaii Volcanoes National Park
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawaii Volcanoes National Park, effective Sept. 22, 1961 see
§396c. Land acquisition; authorization of appropriations
(a) Notwithstanding any limitations on land acquisition as provided by
(b) There is authorized to be appropriated such sums but not to exceed $920,000 as may be necessary to carry out the purposes of this section.
(
SUBCHAPTER XLII–A—KALOKO-HONOKOHAU NATIONAL HISTORICAL PARK
§396d. Establishment
(a) In general
In order to provide a center for the preservation, interpretation, and perpetuation of traditional native Hawaiian activities and culture, and to demonstrate historic land use patterns as well as to provide a needed resource for the education, enjoyment, and appreciation of such traditional native Hawaiian activities and culture by local residents and visitors, there is established the Kaloko-Honokohau National Historical Park (hereinafter in this section referred to as the "park") in Hawaii comprising approximately one thousand three hundred acres as generally depicted on the map entitled "Kaloko-Honokohau National Historical Park," numbered KHN–80,000, and dated May 1978, which shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.
(b) Land acquisition; manner
Except for any lands owned by the State of Hawaii or its subdivisions, which may be acquired only by donation, the Secretary is authorized to acquire the lands described above by donation, exchange, or purchase through the use of donated or appropriated funds, notwithstanding any prior restriction of law.
(c) Administration; applicable provisions
The Secretary shall administer the park in accordance with this section and the provisions of law generally applicable to units of the national park system, including
(d) Activities and agreements; native accommodations; cooperative marine management agreement; fishing, shoreline food gathering and small boat harbor activities: regulation; land and water management agreements
(1) In administering the park the Secretary may provide traditional native Hawaiian accommodations.
(2) The Secretary shall consult with and may enter into a cooperative management agreement with the State of Hawaii for the management of the submerged lands within the authorized park boundary, following the marine management policies of the State of Hawaii.
(3) Commercial, recreational, and subsistence fishing and shoreline food gathering activities as well as access to and from the Honokohau small boat harbor by motor boats and other water craft shall be permitted wherever such activities are not inconsistent with the purposes for which the park is established, subject to regulation by the Secretary.
(4) The Secretary shall consult with and may enter into agreements with other governmental entities and private landowners to establish adequate controls on air and water quality and the scenic and esthetic values of the surrounding land and water areas. In consulting with and entering into any such agreements, the Secretary shall to the maximum extent feasible utilize the traditional native Hawaiian Ahupua's concept of land and water management.
(e) Employment of native Hawaiians
In carrying out the purposes of this section the Secretary is authorized and directed as appropriate to employ native Hawaiians. For the purposes of this section, native Hawaiians are defined as any lineal descendants of the race inhabiting the Hawaiian Islands prior to the year 1778.
(f) Advisory Commission; establishment; membership; qualifications; term; Chairman; vacancies; compensation and expenses; ex officio members; duties; meetings; termination
(1) There is hereby established the Na Hoa Pili O Kaloko-Honokohau (The Friends of Kaloko-Honokohau), an Advisory Commission for the park. The Commission shall be composed of nine members, appointed by the Secretary, at least five of whom shall be selected from nominations provided by native Hawaiian organizations. All members of the Commission shall be residents of the State of Hawaii, and at least six members shall be native Hawaiians. Members of the Commission shall be appointed for five-year terms except that initial appointment(s) shall consist of two members appointed for a term of five years, two for a term of four years, two for a term of three years, two for a term of two years, and one for a term of one year. No member may serve more than one term consecutively.
(2) The Secretary shall designate one member of the Commission to be Chairman. Any vacancy in the Commission shall be filled by appointment for the remainder of the term.
(3) Members of the Commission shall serve without compensation. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under this section on vouchers signed by the Chairman.
(4) The Superintendent of the park, the National Park Service State Director, Hawaii, a person appointed by the Governor of Hawaii, and a person appointed by the mayor of the county of Hawaii, shall serve as ex officio nonvoting members of the Commission.
(5) The Commission shall advise the Director, National Park Service, with respect to the historical, archeological, cultural, and interpretive programs of the park. The Commission shall afford particular emphasis to the quality of traditional native Hawaiian culture demonstrated in the park.
(6) The Commission shall meet not less than twice a year. Additional meetings may be called by the Chairman.
(7) The Advisory Commission shall terminate ten years after November 10, 1978.
(g) Authorization of appropriations
There are hereby authorized to be appropriated not to exceed $25,000,000 for acquisition and $1,000,000 for development.
(
References in Text
Amendments
1979—Subsec. (f)(1).
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
Section Referred to in Other Sections
This section is referred to in
§396e . Exchange of lands
Notwithstanding any other provision of law, the Secretary is authorized and shall seek to acquire the lands described in
(
§396f . Acquisition of private lands; creation of surplus property accounts; transfer and sale of accounts
Notwithstanding any other provision of law, the Secretary of the Interior is authorized and shall seek to acquire the private lands described in
(
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288,
Amendments
1989—
Use of Accounts for Sales of Properties by Agencies
"(a)
"(1)
"(2)
"(A) the account in the Treasury established by the Secretary of the Treasury pursuant to section 12(b) of
"(B) the surplus property account established by the Administrator of General Services pursuant to section 317 of
"(b)
"(1) tendered from an account described in subsection (a)(2);
"(2) received by the agency as proceeds of such a sale; and
"(3) used by the agency for that specific purpose.
"(c)
"(d)
"(1) any instrumentality of the United States, or
"(2) any element of an agency, or
"(3) any wholly owned or mixed-owned United States Government corporation identified in
"(e)
"(f) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish procedures to permit the accounts described in subsection (a)(2) to receive deposits, to make deposits into escrow when an escrow is required for the sale of any property, and to reinstate to such accounts any unused escrow deposits if sales are not consummated."
1 So in original. Probably should be "landowner".
SUBCHAPTER XLIII—PUUHONUA o HONAUNAU NATIONAL HISTORICAL PARK
§397 . Establishment; boundaries
When title to such lands located on the island of Hawaii, within the following-described area, 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 lands shall be set apart as the Puuhonua o Honaunau National Historical Park, in the Territory of Hawaii, for the benefit and inspiration of the people:
parcel 1
Being all of R. P. 3306, L. C. Aw. 7219, Apana 2 to Kaliae, all of L. C. Aw. 9470 to Muki, and portions of R. P. 7874, L. C. Aw. 11216 Apana 34 to M. Kekauonohi (Ahupuaa of Honaunau), and R. P. 6852, L. C. Aw. 7712 Apana 1 to M. Kekuanaoa (Ahupuaa of Keokea).
Beginning at a one and one-half-inch pipe in concrete monument called "Kalani", at the southeast corner of this parcel, the northeast corner of parcel 3, and on the common boundary of the lands of Keokea and Kiilae, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Lae-O-Kanoni" being seven thousand four hundred forty-four and eight-tenths feet south and five thousand three and two-tenths feet east, and running by azimuths measured clockwise from true south:
1. Seventy-nine degrees thirty-three minutes fifteen seconds six hundred and eighty feet along the land of Kiilae, L. C. Aw. 8521–B to G. D. Hueu and passing over a rock called "Kuwaia", marked K+K at six hundred seventy-three and two-tenths feet to high-water mark; thence along high-water mark, along seacoast for the next three courses, the direct azimuths and distances between points at seacoast being:
2. One hundred and thirty-five degrees fifty-one minutes three thousand nine hundred seventy-six and one-tenth feet;
3. One hundred and fifty-two degrees twenty-five minutes one thousand and seventy-eight feet;
4. Two hundred and forty degrees fifty-five minutes one thousand two hundred four and four-tenths feet;
5. Three hundred and fifty-four degrees nine minutes two hundred twenty-four and one-tenth feet along the remainder of L. C. Aw. 11216:34 to M. Kekauonohi, along stone wall and old trail;
6. Two hundred and sixty degrees fifty-four minutes one hundred seventy-five and nine-tenths feet across old trail along stone wall to a "+" on rock;
7. One hundred and fifty-eight degrees six minutes seventy-two feet along L. C. Aw. 7296 to Puhi, along stone wall;
8. Two hundred and sixty degrees thirty-six minutes ninety and seven-tenths feet along stone wall;
9. One hundred and ninety-four degrees ten minutes sixty-two and nine-tenths feet along stone wall along L. C. Aw. 7295 and 6979–B:2 to Keolewa;
10. One hundred and seventy-five degrees fifty-four minutes twenty-six and nine-tenths feet along stone wall;
11. Two hundred and fifteen degrees thirty-seven minutes forty-seven and four-tenths feet along stone wall along remainder of L. C. Aw. 11216:34 to M. Kekauonohi;
12. One hundred and seventy-two degrees twenty-eight minutes forty-eight and one-tenth feet along same;
13. Two hundred and twenty-six degrees twenty-three minutes two hundred twenty-eight and eight-tenths feet along remainder of L. C. Aw. 11216:34 to M. Kekauonohi to the south side of fifty-foot road;
14. Two hundred and sixty-four degrees fifty-one minutes one hundred fifteen and two-tenths feet along the south side of fifty-foot road;
15. Two hundred and fifty-two degrees thirteen minutes two hundred and two-tenths feet along same;
16. Two hundred and eighty-six degrees thirty minutes one hundred seventy and nine-tenths feet along same;
17. Two hundred and thirty-eight degrees twenty-five minutes ninety-two and eight-tenths feet along same;
18. Two hundred and twenty-three degrees one minute one hundred fourteen and four-tenths feet along same;
19. Three hundred and thirty-eight degrees forty-nine minutes thirty seconds four thousand nine hundred eighty and three-tenths feet along the remainder of L. C. Aw. 11216:34 to M. Kekauonohi and L. C. Aw. 7712:1 to M. Kekuanaoa and passing over a one and one-fourth-inch pipe in concrete monument at one thousand four hundred eighty-one and six-tenths feet to the point of beginning.
Area, one hundred sixty-six and ninety one-hundredths acres.
parcel 2
Being portions of L. C. Aw. 11216 Apana 34 to M. Kekauonohi, R. P. 7874 (Ahupuaa of Honaunau).
Beginning at a pipe in concrete at the northeast corner of this parcel, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Lae-O-Kanoni" being two thousand one hundred thirty-nine feet south and eleven thousand six hundred seventeen and nine-tenths feet east and running by azimuths measured clockwise from true south:
1. Three hundred fifty-eight degrees twenty-three minutes two hundred sixty and four-tenths feet along the remainder of L. C. Aw. 11216:34 to M. Kekauonohi;
2. Ninety-three degrees thirty minutes two hundred and sixty-nine feet along the same, along stone wall, along lot 2 of the subdivision by B. P. Bishop estate;
3. Eighty-two degrees no minutes three hundred and eighteen feet along same to the east side of fifty-foot road;
4. Thence along the east side of fifty-foot road, the direct azimuth and distance being: one hundred seventy-one degrees twenty minutes two hundred ninety-one and five-tenths feet;
5. Two hundred and seventy degrees no minutes six hundred and twenty feet along the remainder of L. C. Aw. 11216:34 to M. Kekauonohi to the point of beginning.
Area, three and seventy one-hundredths acres.
Together with an easement six feet wide for a pipeline right-of-way extending from the Government road to parcel 1, the south side of said right-of-way being described as follows:
Beginning at the east end of this right-of-way on the common boundary of the lands of Honaunau and Keokea, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Lae-O-Kanoni" being three thousand one hundred ninety and eight-tenths feet south and eleven thousand seventy-eight and eight-tenths feet east, and running by azimuths measured clockwise from true south:
1. Eighty degrees thirty-six minutes five seconds one hundred and seventeen feet along L. C. Aw. 7712:1 to M. Kekuanaoa, to the Triangulation Station "Ahupuaa" of the B. P. Bishop estate;
2. Eighty-two degrees twenty minutes seven thousand two hundred eighty-nine and one-tenth feet along same to a one and one-fourth-inch pipe in concrete monument on the east boundary of parcel 1 the coordinates of said point of the end of this six-foot right-of-way referred to Government Triangulation Station "Lae-O-Kanoni" being four thousand one hundred eighty-two and four-tenths feet south and three thousand seven hundred thirty-nine and four-tenths feet east.
Area, one and two one-hundredths acres.
parcel 3
Being portion of L. C. Aw. 8521–B to G. D. Hueu, being portion of the Ahupuaa of Kiilae.
Beginning at a one and one-half-inch pipe in concrete monument called "Kalani" at the northeast corner of this parcel, the southeast corner of parcel 1, on the common boundary of the land of Keokea and Kiilae, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Lae-O-Kanoni" being seven thousand four hundred forty-four and eight-tenths feet south and five thousand three and two-tenths feet east and running by azimuths measured clockwise from true south:
1. Three hundred thirty-eight degrees forty-nine minutes thirty seconds five hundred ninety-five and four-tenths feet along the remainder of L. C. Aw. 8521–B to G. D. Hueu to the eight thousand foot south coordinates line referred to Government Survey Triangulation Station "Lae-O-Kanoni";
2. Ninety degree no minutes one thousand ninety-nine and seven-tenths feet along same and along said eight thousand foot south coordinates line and across school grant 7 Apana 6 to high-water mark;
3. Thence along high-water mark, along sea, the direct azimuth and distance being: two hundred six degrees thirty-three minutes thirty seconds four hundred eighty-two and nine-tenths feet;
4. Two hundred fifty-nine degrees thirty-three minutes fifteen seconds six hundred eighty feet along L. C. Aw. 7712:1 to M. Kekuanaoa and passing over a rock called Kuwaia, marked K+K at six and eight-tenths feet to the point of beginning.
Area, ten and twenty-five one-hundredths acres.
(July 26, 1955, ch. 385, §1,
Amendments
1978—
Admission of Hawaii as State
Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of
Section Referred to in Other Sections
This section is referred to in
§397a . Establishment; notice in Federal Register
Upon the vesting of title in the United States to such lands as may be designated by the Secretary of the Interior as necessary and suitable for historical park purposes in accordance with the provisions of
(July 26, 1955, ch. 385, §2,
Amendments
1978—
§397b . Procurement of lands
The Secretary of the Interior is authorized to procure, by donation or purchase, with any funds that may be available for that purpose, lands and interests in lands which may be needed for the Puuhonua o Honaunau National Historical Park within the area described in
(July 26, 1955, ch. 385, §3,
Amendments
1978—
§397c . Acquisition of lands by Governor of the Territory of Hawaii
In order to cooperate with the Secretary of the Interior in consolidating in Federal ownership lands within the area described in
(July 26, 1955, ch. 385, §4,
Admission of Hawaii as State
Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of
§397d . Administration
The Puuhonua o Honaunau National Historical Park shall be administered by the Secretary of the Interior subject to the provisions of
(July 26, 1955, ch. 385, §5,
Amendments
1978—
SUBCHAPTER XLIV—VIRGIN ISLANDS NATIONAL PARK
§398 . Establishment; administration
A portion of the Virgin Islands of the United States, containing outstanding scenic and other features of national significance, shall be established, as prescribed in
The national park shall be administered and preserved by the Secretary of the Interior in its natural condition for the public benefit and inspiration, in accordance with the laws governing the administration of the national parks.
(Aug. 2, 1956, ch. 885, §1,
References in Text
The laws governing the administration of the national parks, referred to in the second par., are classified to
Section Referred to in Other Sections
This section is referred to in
§398a . Conditions and limitations
The Secretary of the Interior is authorized subject to the following conditions and limitations, to proceed in such manner as he shall find to be necessary in the public interest to consummate the establishment of the Virgin Islands National Park:
(a) The acreage of the national park shall be limited to a total of not more than nine thousand five hundred acres of land area, such total to be comprised of not more than fifteen acres on the island of Saint Thomas, and not more than nine thousand four hundred and eighty-five additional acres to be comprised of portions of the island of Saint John and such small islands, rocks, and cays not in excess of five hundred acres in the general vicinity thereof as may be desirable for inclusion within the park;
(b) Tentative exterior boundary lines, to include land not in excess of the aforesaid acreage limitations, may be selected for the park in order to establish the particular areas in which land may be acquired pursuant to this section and
(c) The Secretary, on behalf of the United States, is authorized to accept donations of real and personal property within the areas selected for the park until such time as the aforesaid total of nine thousand five hundred acres shall have been acquired for the park by the United States, and he may also accept donations of funds for the purposes of this section and
(d) Any Federal properties situated within the areas selected for the park, upon agreement by the particular agency administering such properties that such properties should be made available for the park, may be transferred without further authorization to the Secretary by such agency for purposes of this section and
(e) Establishment of the Virgin Islands National Park, in its initial phase, shall be and is declared to be accomplished and effective for purposes of administration when a minimum acreage of not less than five thousand acres in Federal ownership for purposes of this section and
(f) Notice of the establishment of the park as authorized and prescribed by this section and
(Aug. 2, 1956, ch. 885, §2,
Amendments
1978—Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
§398b . Repealed. Pub. L. 85–404, May 16, 1958, 72 Stat. 112
Section, act Aug. 2, 1956, ch. 885, §3,
§398c . Addition of lands
In furtherance of the purposes of
North Offshore Area
Beginning at the hereinafter lettered point A on the shore of Cruz Bay, a corner in the Virgin Islands National Park boundary, being also a corner of lot F, Cruz Bay, added to the park by order of designation signed June 29, 1960, by the Assistant Secretary of the Interior pursuant to
From the initial point A, distances in nautical miles, along direct courses between the hereinafter lettered points at geographic positions (latitudes north, longitudes west):
Northwestward approximately 0.13 mile to point B, latitude 18 degrees 20 minutes 08 seconds, longitude 64 degrees 47 minutes 43 seconds in Cruz Bay;
0.43 mile to Point C, latitude 18 degrees 20 minutes 08 seconds, longitude 64 degrees 48 minutes 10 seconds in Pillsbury Sound;
1.36 miles to point D, latitude 18 degrees 21 minutes 30 seconds, longitude 64 degrees 48 minutes 10 seconds in Windward Passage;
1.64 miles to point E, latitude 18 degrees 22 minutes 10 seconds, longitude 64 degrees 46 minutes 35 seconds in the Atlantic Ocean;
1.99 miles to point F, latitude 18 degrees 22 minutes 45 seconds, longitude 64 degrees 44 minutes 35 seconds in the Narrows;
3.18 miles to point G, latitude 18 degrees 22 minutes 00 seconds, longitude 64 degrees 41 minutes 20 seconds in Sir Francis Drake Channel;
1.04 miles to point H, latitude 18 degrees 21 minutes 10 seconds, longitude 64 degrees 40 minutes 40 seconds in Haulover Bay;
Southwestward approximately 0.22 mile to point I, a bound post on the shore of Haulover Bay marking a corner of the Virgin Islands National Park boundary as shown on drawing numbered NP–VI–7000 entitled "Acquisition Area Virgin Islands National Park", approved November 15, 1956, by the acting Secretary of the Interior in accordance with
Thence running generally westward along the Virgin Islands National Park northerly boundary as it follows the northerly shore of the island of Saint John as shown on the said drawing numbered NP–VI–7000 and on drawing numbered NP–VI–7003 entitled "Land Ownership Cruz Bay Creek" depicting the boundary adjustment affected by the said order of designation to point A, the point of beginning.
The area described contains approximately 4,100 acres.
South Offshore Area
Beginning at the hereinafter lettered point L, a concrete bound post on the short of Drunk Bay marking a northeasterly corner in the Virgin Islands National Park boundary as shown on the said drawing numbered NP–VI–7000, being also the northeasterly corner of parcel numbered 1, estate Concordia (A), as delineated on the Leo R. Sibilly, civil engineer, drawing file numbered C9–13–T55.
From the initial point L, distances in nautical miles, along direct courses between the hereinafter lettered points at geographic positions (latitudes north, longitudes west):
Eastward approximately 0.32 mile to point M, latitude 18 degrees 18 minutes 48 seconds, longitude 64 degrees 41 minutes 50 seconds in Sabbat Channel;
0.88 mile to point N, latitude 18 degrees 17 minutes 55 seconds, longitude 64 degrees 41 minutes 50 seconds in the Caribbean Sea;
0.40 mile to point O, latitude 18 degrees 17 minutes 55 seconds, longitude 64 degrees 42 minutes 15 seconds in the Caribbean Sea;
1.88 miles to point P, latitude 18 degrees 18 minutes 48 seconds, longitude 64 degrees 44 minutes 00 seconds in the Caribbean Sea;
1.74 miles to point Q, latitude 18 degrees 18 minutes 48 seconds, longitude 64 degrees 45 minutes 50 seconds in the Caribbean Sea;
0.45 mile to point R, latitude 18 degrees 19 minutes 15 seconds, longitude 64 degrees 45 minutes 50 seconds in Fish Bay;
Eastward approximately 0.08 mile to point S on the shore of Fish Bay, a corner in the present Virgin Islands National Park, as delineated on said drawing numbered NP–VI–7000, being the northwesterly corner of parcel numbered 2 estate Fish Bay, numbered 8 Reef Bay Quarter, and the terminus of the delineated course "south 78 degrees 52 minutes west distance 1,178.9 feet" as depicted on the Leo R. Sibilly, civil engineer, drawing file numbered G9–385–T56.
Thence running generally eastward along the present southerly park boundary as it follows the southerly shore of the island of Saint John as depicted on the said drawing numbered NP–VI–7000 to point L, the point of beginning.
The area described contains approximately 1,550 acres.
Hassel Island
The area known as Hassel Island in Saint Thomas Harbor consisting of approximately 135 acres, together with such adjoining lands, submerged lands, and waters as the Secretary of the Interior deems appropriate, but the boundaries shall not, in any event, extend beyond 100 yards from the mean high water mark of the island.
Lands, submerged lands, and waters added to the Virgin Islands National Park pursuant to
(
Amendments
1978—
Section Referred to in Other Sections
This section is referred to in
§398d . Acquisition of lands, waters, and interests therein
(a) Authorization; payment requirements; interest rate
Within the boundaries of Virgin Islands National Park as established and adjusted pursuant to
(b) Employment and training of residents to develop, etc., area
The Secretary is authorized and directed to the maximum extent feasible to employ and train residents of the Virgin Islands to develop, maintain, and administer the Virgin Islands National Park.
(c) Payment requirements for acquisition of Hassel Island from United States
Subject to continued protection and use of Hassel Island for park and recreation purposes, and such other conditions as the Secretary may deem appropriate, the Territory of the Virgin Islands may, within, but not after, five years after August 18, 1978, by duly enacted legislation acquire all interests of the United States in Hassel Island by reimbursing the United States in an amount equal to the amount actually expended by the United States for the acquisition of lands and interests in lands and for the costs of construction of permanent improvements, if any.
(d) Rights of owners of improved property on Hassel Island to use and occupancy of property for noncommercial residential purposes; term; payment requirements; suspension of authority to condemn Royal Mail property; "improved property" defined; termination of rights of owners to use and occupancy
(1) Except for property deemed necessary by the Secretary of the Interior for visitor facilities or administration of the park, any owner or owners of improved property on Hassel Island on the date of its acquisition, may retain for themselves 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 the owner's 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. The authority of the Secretary to acquire the property commonly known as the Royal Mail (hotel) by condemnation shall be suspended for ten years from August 18, 1978, if such owner or owners agree, in writing, within ninety days after August 18, 1978, to grant to the United States the right to purchase such property at a purchase price, mutually agreed upon by the Secretary and the landowner, which does not exceed the fixed value of said property on July 1, 1978.
(2) As used in subsection (d)(1) of this section, "improved property" means a single-family dwelling, the construction of which began before January 1, 1977, together with such lands as are in the same ownership and appurtenant buildings located thereon.
(3) The Secretary may terminate a right of use and occupancy retained pursuant to subsection (d)(1) of this section upon his determination that such use and occupancy is being, or may be, exercised in a manner inconsistent with the purposes for which they were included within the park and upon tender to the holder of such right of the amount equal to the value of that portion of the right which remains unexpired on the date of termination.
(
Amendments
1978—
Section Referred to in Other Sections
This section is referred to in
§398e . Bathing and fishing rights protected
(a) Regulations
Nothing in
(b) Admission fee prohibited
Notwithstanding any provision of law to the contrary, no fee or charge shall be imposed for entrance or admission into the Virgin Islands National Park.
(
Amendments
1978—
Section Referred to in Other Sections
This section is referred to in
§398f . Authorization of appropriations for acquisitions, grants, etc.
Effective October 1, 1978, there are authorized to be appropriated such sums as may be necessary for the acquisition of lands and interests in lands within the Virgin Islands National Park. For purposes of this section, acquisitions of land on Hassel Island shall be deemed to be acquisitions qualifying for payment under the provisions of paragraph (2) of the Act of June 10, 1977 (
(
References in Text
Paragraph (2) of the Act of June 10, 1977 (
The Land and Water Conservation Fund Act, referred to in text, probably means the Land and Water Conservation Fund Act of 1965,
The Historic Preservation Act, referred to in text, probably means
Amendments
1978—
1974—
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER XLV—BRYCE CANYON NATIONAL PARK
Change of Name
Utah National Park changed to Bryce Canyon National Park, see
§401. Establishment; boundaries; administration
There is reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States and dedicated and set apart as a public park for the benefit and enjoyment of the people, under the name of the "Bryce Canyon National Park," the tract of land in the State of Utah particularly described by and included within metes and bounds, as follows, to wit:
Unsurveyed sections 31 and 32, township 36 south, range 3 west; surveyed section 36, township 36 south, range 4 west; north half, southwest quarter and west half of the southeast quarter of partially surveyed section 5; unsurveyed sections 6 and 7, west half, west half of the northeast quarter, and west half of the southeast quarter of partially surveyed section 8, partially surveyed section 17, and unsurveyed section 18, township 37 south, range 3 west; and unsurveyed sections 1, 12, and 13, township 37 south, range 4, all west of the Salt Lake meridian in the State of Utah. All the land within the exterior boundaries of the aforesaid tract shall first become the property of the United States. The administration, protection, and promotion of said Bryce Canyon National Park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(June 7, 1924, ch. 305, §§1, 2,
Codification
The last sentence of this section is from section 2 of act June 7, 1924.
Amendments
1928—Act May 12, 1928, changed description of land in section 8 from "west half of the southwest quarter" to "west half of the southeast quarter".
Change of Name
"Utah National Park" changed to "Bryce Canyon National Park" by section 1 of act Feb. 25, 1928, classified to
Cross References
Bryce Canyon National Monument, see Presidential Proc. No. 1664, June 8, 1923,
Section Referred to in Other Sections
This section is referred to in
§402. Existing claims, locations, or entries not affected; exchange of lands
Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States prior to June 7, 1924, whether for homestead, mineral, right-of-way, or any other purpose whatsoever, or shall affect the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. The Secretary of the Interior is authorized to exchange, in his discretion, alienated lands in Bryce Canyon National Park for unappropriated and unreserved public lands of equal value and approximately equal area in the State of Utah outside of said park.
(June 7, 1924, ch. 305, §3,
References in Text
Herein, referred to in text, means act June 7, 1924, which is classified to
The land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands.
Codification
The last sentence of this section as originally enacted is expressly applicable also to Zion National Park. See
Change of Name
"Utah National Park" changed to "Bryce Canyon National Park" by section 1 of act Feb. 25, 1928, classified to
Section Referred to in Other Sections
This section is referred to in
§402a. Utah National Park; change of name to Bryce Canyon National Park
The area within the State of Utah described in
(Feb. 25, 1928, ch. 102, §1,
§402b. Additions to park
The east half east half section 25, township 36 south, range 4 west; the east half and southwest quarter section 20, and all of sections 21, 29, and 30, township 36 south, range 3 west; all of sections 24 and 25, township 37 south, range 4 west; and all of sections 19 and 30, township 37 south, range 3 west, Salt Lake meridian, are excluded from the Powell National Forest and made a part of the Bryce Canyon National Park, subject to the provisions of
(Feb. 25, 1928, ch. 102, §2,
Amendments
1928—Act May 12, 1928, corrected description of land in section 20 by inserting "and" between "east half" and "southwest quarter".
§402c. Further additions to park
Unsurveyed sections 28 and 33, township 36 south, range 3 west, and section 20, township 37 south, range 3 west, Salt Lake meridian, public lands of the United States, are added to and made a part of the Bryce Canyon National Park subject to the provisions of
(Feb. 25, 1928, ch. 102, §3,
§402d. Extension of boundaries; laws applicable
For the purpose of preserving in their natural state the outstanding scenic features to the south and west of Bryce Canyon National Park, the President of the United States is authorized, upon the joint recommendation of the Secretaries of Interior and of Agriculture, to add to the Bryce Canyon National Park, in the State of Utah, by Executive proclamation, any or all of unsurveyed townships 37 and 38 south, range 4 west, Salt Lake meridian, not included in said park, on June 13, 1930, and all the lands added to said park pursuant hereto shall be, and are, made subject to all laws, rules, and regulations applicable to and in force in the Bryce Canyon National Park.
(June 13, 1930, ch. 480, §1,
Section Referred to in Other Sections
This section is referred to in
§402e. Application of Federal Power Act
The provisions of the Federal Power Act [
(June 13, 1930, ch. 480, §2,
References in Text
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
§402f. Further additions to park
For the purpose of preserving in their natural state the outstanding scenic features thereon and for the purpose of rounding out the boundary of the Bryce Canyon National Park, the President of the United States is authorized, upon the joint recommendation of the Secretaries of Interior and of Agriculture, to add to said park by Executive proclamation any or all of the following-described lands in the State of Utah, which shall thereupon become and be a part of said park subject to all laws and regulations applicable thereto, to wit: South half southwest quarter section 2, south half south half section 3, southeast quarter southeast quarter section 4, east half section 8, sections 9, 10, west half section 11, west half section 14, sections 15, 16, east half, northeast quarter northwest quarter, east half northwest quarter northwest quarter, north half southeast quarter northwest quarter, south half northeast quarter southwest quarter, north half south half southeast quarter northwest quarter and north half southeast quarter southwest quarter section 17, south half south half section 19, south half northwest quarter section 20, west half, west half east half and northeast quarter northeast quarter section 22, north half northwest quarter section 23, west half section 27, and north half northwest quarter section 34, township 36 south, range 3 west; lots 3 and 4, south half northwest quarter section 4, northeast quarter northeast quarter and southeast quarter southeast quarter section 8, township 37 south, range 3 west; west half east half and southwest quarter section 25, unsurveyed township 36 south, range 4 west; lots 3 and 4, south half west half section 3, lots 1, 2, 3, and 4 and south half section 4, and lots 1 and 2 and south half east half section 5, township 39 south, range 4 west, Salt Lake meridian: Provided, That nothing herein shall affect any valid existing claims upon the lands herein authorized to be added to the park or the rights of stockmen to continue to drive stock over the lands now under an existing stock driveway withdrawal.
(Feb. 17, 1931, ch. 209, §1,
Amendments
1942—Act Mar. 7, 1942, corrected description of portions of the land.
§402g. Elimination of lands
The following-described lands are eliminated from the Bryce Canyon National Park and shall hereafter be included in and become a part of the Powell National Forest, subject to all laws and regulations applicable thereto, to wit: Section 30, township 37 south, range 3 west; section 25, unsurveyed township 37 south, range 4 west, Salt Lake meridian.
(Feb. 17, 1931, ch. 209, §2,
SUBCHAPTER XLVI—SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS NATIONAL PARK
§403. Establishment; boundaries
When title to lands within the areas hereinafter referred to shall have been vested in the United States in fee simple there are established, dedicated, and set apart as public parks for the benefit and enjoyment of the people, the tract of land in the Blue Ridge, in the State of Virginia, being approximately five hundred and twenty-one thousand acres recommended by the Secretary of the Interior in his report of April 14, 1926, which area, or any part or parts thereof as may be accepted on behalf of the United States in accordance with the provisions hereof, shall be known as the Shenandoah National Park; and the tract of land in the Great Smoky Mountains in the States of North Carolina and Tennessee being approximately seven hundred and four thousand acres, recommended by the Secretary of the Interior in his report of April 14, 1926, which area, or any part or parts thereof as may be accepted on behalf of the United States in accordance with the provisions hereof, shall be known as the Great Smoky Mountains National Park: Provided, That the United States shall not purchase by appropriation of public moneys any land within the aforesaid areas, but that such lands shall be secured by the United States only by public or private donation.
(May 22, 1926, ch. 363, §1,
Transfer of Land for Use as Customs Service Canine Enforcement Training Center
"(a)
"(b)
"(1)
"(2)
"(3)
"(c)
"The tract of land located just west of Road No. 604 about one mile south of Front Royal, Warren County, Virginia, and bounded as follows:
"Beginning at (1) a monument in the line of the land of Lawson just west of Road No. 604; thence with the land of Lawson, and then with a new division line through the land of Shenandoah National Park north 59 degrees 45 minutes 38 seconds west 506.05 feet to (2) a Concrete Monument set, said point being north 59 degrees 45 minutes 38 seconds west 9.26 feet from a monument to a corner to the land of Lawson; thence with another new division line through the land of Shenandoah National Park north 31 degrees 31 minutes 00 seconds east 1206.07 feet to (3) a Concrete Monument set in the line of the land of the United States Government; thence with the land of the United States Government for the following two courses: south 07 degrees 49 minutes 31 seconds east 203.98 feet to (4); thence south 09 degrees 10 minutes 06 seconds east 27.79 feet to (5) a corner between the land of the United States Government and the land of United States Customs Service Detector Dog Training Center; thence with 282.896 acre tract of land of United States Customs Service Detector Dog Training Center for the following six courses: south 10 degrees 38 minutes 32 seconds east 152.47 feet to (6); thence south 00 degrees 48 minutes 32 seconds west 127.52 feet to (7); thence south 08 degrees 25 minutes 46 seconds west 422.15 feet to (8); thence south 14 degrees 37 minutes 16 seconds west 106.47 feet to (9); thence south 27 degrees 13 minutes 28 seconds west 158.11 feet to (10); thence south 38 degrees 17 minutes 36 seconds west 146.44 feet to the point of beginning, containing 9.888 acres, more or less."
Cross References
Addition of lands to Shenandoah National Park, see
Addition of Shenandoah recreational demonstration project lands to park, see
Establishment and minimum area of Great Smoky Mountains National Park, see
Extension of boundaries of Great Smoky Mountains National Park, see
Section Referred to in Other Sections
This section is referred to in
§403–1. Addition of lands to Shenandoah National Park
The following described lands of the Front Royal Quartermaster Depot Military Reservation, Virginia, are made a part of the Shenandoah National Park, subject to all laws and regulations applicable thereto: Beginning at concrete monument numbered 10 in the boundary line of the Front Royal Remount Depot, and running thence along said boundary line, north 70 degrees 00 minutes west 3,465.0 feet to monument numbered 11, thence north 40 degrees 30 minutes west 1,881.0 feet to monument numbered 12, thence north 2 degrees 00 minutes west 792.0 feet to monument numbered 13, thence north 78 degrees 00 minutes west 693.0 feet to monument numbered 14, thence south 1 degree 30 minutes west 379.5 feet to monument numbered 15, thence south 61 degrees 15 minutes west 2,244.0 feet to monument numbered 16, thence south 16 degrees 00 minutes east 2,640.0 feet to monument numbered 17, thence south 61 degrees 15 minutes west 3,333.0 feet to monument numbered 18, thence south 15 degrees 00 minutes east 646.8 feet to monument numbered 19, thence south 63 degrees 00 minutes west 627.0 feet to monument numbered 20, thence south 15 degrees 00 minutes west 1,254.0 feet to monument numbered 21, thence south 48 degrees 00 minutes east 3,267.0 feet to monument numbered 22, thence north 34 degrees 00 minutes east 297.0 feet to monument numbered 23, thence north 25 degrees 00 minutes west 1,551.0 feet to monument numbered 24, thence north 67 degrees 00 minutes east 1,716.0 feet to monument numbered 25, thence north 58 degrees 00 minutes east 2,862.75 feet to monument numbered 26, thence north 79 degrees 00 minutes east 2,377.15 feet to monument numbered 27, thence south 28 degrees 30 minutes west 338.25 feet to monument numbered 28 (offset 4 feet west), thence south 30 degrees 00 minutes west 462.0 feet to monument numbered 29 (offset 14 feet east), thence south 40 degrees 00 minutes west 396.0 feet to monument numbered 30 (offset 9.0 feet east), thence south 54 degrees 00 minutes west 132.0 feet to monument numbered 31 (offset 10.0 feet east), thence south 75 degrees 00 minutes west 429.0 feet to monument numbered 32, thence south 62 degrees 00 minutes west 297.0 feet to monument numbered 33 (offset 3.0 feet southeast), thence south 41 degrees 00 minutes west 462.0 feet to monument numbered 34 (offset 5.0 feet south), thence south 53 degrees 00 minutes west 264.0 feet to monument numbered 35 (offset 4 feet south), thence south 80 degrees 00 minutes west 165.0 feet to monument numbered 36 (offset 8.0 feet south), thence north 85 degrees 00 minutes west 396.0 feet to monument numbered 37 (offset 9.0 feet north), south 40 degrees 00 minutes west 354.75 feet to monument numbered 38, thence south 27 degrees 00 minutes east 1,023.0 feet to monument numbered 39, thence north 73 degrees 30 minutes east, 1,518.0 feet to monument numbered 40, thence north 52 degrees 00 minutes east 330.0 feet to monument numbered 41, thence along a proposed boundary line north 19 degrees 51 minutes east 1,684.5 feet to point A.1, thence north 52 degrees 20 minutes east 1,107.0 feet to point A.2, thence north 39 degrees 26 minutes east 717.5 feet to a point A.3, thence north 26 degrees 11 minutes east 1,978.0 feet to concrete monument numbered 10, the point of beginning, it being the intent of this section to add to the Shenandoah National Park all that portion of the Front Royal Quartermaster Depot Military Reservation lying west of a line between monuments numbered 41 and 10, as described by the last four courses of the above description. The tract as described contains an area 977½ acres, more or less.
(June 13, 1939, ch. 198,
§403–2. Exchange of lands within Shenandoah National Park
The Secretary of the Interior may accept title to approximately 37.44 acres of land within the authorized boundaries of the Shenandoah National Park, said land fronting on United States Highway Numbered 211 and being more particularly described as follows:
Beginning at park monument H–8, thence with the park boundary line the following courses and distances: north 51 degrees 57 minutes, east 2,242.0 feet to park monument H–9; south 26 degrees 40 minutes, east 51.0 feet to park monument H–10; south 32 degrees 40 minutes, east 340.0 feet to park monument H–11; south 11 degrees 35 minutes, east 190.0 feet to park monument H–12; south 41 degrees 26 minutes, east 329.0 feet to park monument H–13; thence crossing Pass Run south 57 degrees 00 minutes 36 seconds, west 1,871.32 feet to a marked white oak tree near the northeast edge of the fire road on top of Piney Mountain, thence north 58 degrees 36 minutes, west 771.16 feet to the point of beginning.
In exchange for the aforesaid land the Secretary is authorized to convey on the basis of approximately equal values a parcel of park land containing approximately 38.58 acres, being more particularly described as follows:
Beginning at park monument P–153, a point in the center of Route 666, Virginia Department of Highways, thence with the park boundary line the following courses and distances: north 66 degrees 27 minutes, west 345.0 feet to park monument P–152; north 41 degrees 08 minutes, east 705.0 feet to park monument P–151; north 63 degrees 01 minutes, west 302.0 feet to park monument P–150; north 30 degrees 38 minutes, east 1,110.0 feet to park monument P–149; south 74 degrees 36 minutes, east 443.0 feet to park monument P–148; north 41 degrees 33 minutes, east 109.0 feet to park monument P–147; south 69 degrees 50 minutes, east 668.0 feet to the center of the said Route 666; thence leaving the courses of the park boundary line and following the alinement of said Route 666 for the following courses and distances; south 36 degrees 26 minutes, west 436.0 feet; south 33 degrees 45 minutes, west 398.0 feet; south 29 degrees 39 minutes, west 388.0 feet; south 13 degrees, 55 minutes, west 100.0 feet; south 04 degrees 16 minutes, west 70.0 feet; south 32 degrees 37 minutes, west 49.0 feet; north 89 degrees 45 minutes, west 43.0 feet; north 66 degrees 43 minutes, west 50.0 feet; north 89 degrees 26 minutes, west 100.0 feet; north 73 degrees 39 minutes, west 78.0 feet; north 84 degrees 11 minutes, west 45.0 feet; south 72 degrees 08 minutes, west 100.0 feet; south 43 degrees 17 minutes, west 50.0 feet; south 30 degrees 57 minutes, west 73.0 feet; south 47 degrees 22 minutes, west 70.0 feet; south 65 degrees 32 minutes, west 68.0 feet; south 80 degrees 05 minutes, west 130.0 feet; south 51 degrees 40 minutes, west 118.0 feet; south 66 degrees 51 minutes, west 36.0 feet; to the point of beginning.
(
§403–3. Addition of lands to Shenandoah National Park; administration
Subject to valid existing rights, the lands and interests in lands which comprise section 1–A of the Blue Ridge Parkway and lie between the southern boundary of the Shenandoah National Park at Jarman Gap and parkway centerline station 448+00 at Rockfish Gap are excluded from the parkway, made a part of the Shenandoah National Park, and shall be administered in accordance with
(
§403a. Acceptance of title to lands
The Secretary of the Interior is authorized, in his discretion, to accept as hereinafter provided on behalf of the United States title to the lands referred to in
(May 22, 1926, ch. 363, §2,
Cross References
Establishment and minimum area of Great Smoky Mountains National Park, see
Section Referred to in Other Sections
This section is referred to in
§403b. Administration, protection, and development; Federal Power Act inapplicable; minimum area
The administration, protection, and development of the aforesaid parks shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(May 22, 1926, ch. 363, §3,
References in Text
The Federal Power Act, referred to in text, was in the original the "Act approved June 10, 1920, known as the Federal Water Power Act," and was redesignated the Federal Power Act by
Amendments
1934—Act June 15, 1934, changed minimum area for Great Smoky Mountains National Park to 400,000 acres.
1932—Act Feb. 4, 1932, changed minimum area for Shenandoah National Park to 160,000 acres.
1928—Act Feb. 16, 1928, changed minimum area for Shenandoah National Park to 327,000 acres.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Cross References
Establishment of area acquired within minimum boundaries of Great Smoky Mountains National Park as completed park, see
Section Referred to in Other Sections
This section is referred to in
§403c. Use of existing commission
The Secretary of the Interior may for the purpose of carrying out the provisions of
(May 22, 1926, ch. 363, §4,
References in Text
Act February 21, 1925, ch. 281,
Cross References
Establishment of area acquired within minimum boundaries of Great Smoky Mountains National Park as completed park, see
Section Referred to in Other Sections
This section is referred to in
§403c–1. Respective jurisdiction of Virginia and United States over lands in Shenandoah Park
In order to provide for uniform Federal jurisdiction over all of the lands now or hereafter embraced within the Shenandoah National Park, the provisions of the Act of the General Assembly of the Commonwealth of Virginia, approved April 1, 1940 (Acts of 1940, ch. 402, p. 725), fixing and defining the respective jurisdiction and powers of the Commonwealth of Virginia and the United States and ceding to the United States exclusive police jurisdiction over all lands now or hereafter included within the park are accepted and such exclusive jurisdiction is assumed by the United States over such lands. From June 5, 1942, the respective jurisdiction and powers of the Commonwealth of Virginia and the United States over all lands within the Shenandoah National Park as it is now constituted or may hereafter be extended shall be as follows:
(a) The United States shall have exclusive jurisdiction, legislative, executive, and judicial, with respect to the commission of crimes, and the arrest, trial, and punishment therefor, and exclusive general police jurisdiction thereover.
(b) The United States shall have the power to regulate or prohibit the sale of alcoholic beverages on said lands: Provided, however, That, if the sale of alcoholic beverages is prohibited by general law in the Commonwealth of Virginia outside of said lands, no such alcoholic beverages shall be sold on said lands contained in said park area: And provided further, That, if the general laws of the Commonwealth of Virginia permit the sale of alcoholic beverages, then the regulations of the United States relating to such sales on said lands shall conform as nearly as possible to the regulatory provisions in accordance with which such sales are permitted in the Commonwealth of Virginia outside of said park lands. Nothing in this subsection shall be construed as reserving in the Commonwealth power to require licenses of persons engaged in the sale of intoxicating beverages on said lands, nor the power to require that any sales be made through official liquor stores.
(c) The Commonwealth of Virginia shall have jurisdiction to serve civil process within the limits of said park in any suits properly instituted in any of the courts of the Commonwealth of Virginia, and to serve criminal process within said limits in any suits or prosecutions for or on account of crimes committed in said Commonwealth but outside of said park.
(d) The Commonwealth of Virginia shall have the jurisdiction and power to levy a nondiscriminatory tax on all alcoholic beverages possessed or sold on said lands.
(e) The Commonwealth of Virginia shall have jurisdiction and power to tax the sales of oil and gasoline, and other motor-vehicle fuels and lubricants for use in motor vehicles. This subsection shall not be construed as a consent by the United States to the taxation by the Commonwealth of such sales for the exclusive use of the United States.
(f) The Commonwealth of Virginia shall have the jurisdiction and power to levy nondiscriminatory taxes on private individuals, associations, and corporations, their franchises and properties, on said lands, and on their businesses conducted thereon.
(g) The courts of the Commonwealth of Virginia shall have concurrent jurisdiction with the courts of the United States of all civil causes of action arising on said lands to the same extent as if the cause of action had arisen in the county or city in which the land lies outside the park area, and the State officers shall have jurisdiction to enforce on said lands the judgments of said State courts and the collection of taxes by appropriate process.
(h) Persons residing in or on any of the said lands embraced in said Shenandoah National Park shall have the right to establish a voting residence in Virginia by reason thereof, and the consequent right to vote at all elections within the county or city in which said land or lands upon which they reside are located upon like terms and conditions, and to the same extent, as they would be entitled to vote in such county or city if the said lands on which they reside had not been deeded or conveyed to the United States of America. All fugitives from justice taking refuge in the park shall be subject to the same laws as refugees from justice found in the Commonwealth of Virginia.
(Aug. 19, 1937, ch. 703, §1,
References in Text
The Act of the General Assembly of the Commonwealth of Virginia, approved April 10, 1940 (Acts of 1940, ch. 402, p. 725), referred to in text, was also set out as Va. Code 1936, Supp. 1942, §585 (58)a. For provisions relating to the respective jurisdiction of Virginia and the United States over lands in Shenandoah Park, see §7.1–19 of the Code of Virginia 1950.
Amendments
1942—Act June 5, 1942, amended section generally.
§403c–2. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section, act Aug. 19, 1937, ch. 703, §2,
§403c–3. Criminal offenses concerning hunting, fishing, and property
All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said park; nor shall any fish be taken out of any of the waters of the said park, in any other way than by hook and line, and then only at such seasons and at such times and in such manner as may be directed by the Secretary of the Interior. The Secretary of the Interior shall make and publish such general rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonderful objects within said park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the said park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the said park. Possession within said park of the dead bodies or any part thereof of any wild bird or animal shall be prima facie evidence that the person or persons having same are guilty of violating this Act. Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of this Act, and who receives for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the other provisions of this Act, or any rule or regulation that may be promulgated by the Secretary of the Interior, with reference to the management and care of the said park, or for the protection of the property therein for the preservation from injury or spoliation of timber, mineral deposits, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the said park, or who shall within said park commit any damage, injury or spoliation to or upon any building, fence, sign, hedge, gate, guide post, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits, natural curiosities, or other matter or thing growing or being thereon, or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all the costs of the proceedings.
(Aug. 19, 1937, ch. 703, §3,
References in Text
This Act, referred to in text, is act Aug. 19, 1937, which is classified to
§403c–4. Forfeiture of property used in commission of offenses
All guns, traps, nets, seines, teams, horses, or means of transportation of every nature or description, used by any person or persons within the limits of said park when engaged in killing, trapping, ensnaring, taking, or capturing such wild beasts, birds, fish, or animals, shall be forfeited to the United States and may be seized by the officers in said park and held pending prosecution of any person or persons arrested under the charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, nets, seines, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.
(Aug. 19, 1937, ch. 703, §4,
References in Text
This Act, referred to in text, is act Aug. 19, 1937, which is classified to
§§403c–5 to 403c–11. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 403c–5, acts Aug. 19, 1937, ch. 703, §5,
Section 403c–6, act Aug. 19, 1937, ch. 703, §6,
Section 403c–7, act Aug. 19, 1937, ch. 703, §7,
Section 403c–8, act Aug. 19, 1937, ch. 703, §8,
Section 403c–9, act Aug. 19, 1937, ch. 703, §9,
Section 403c–10, act Aug. 19, 1937, ch. 703, §10,
Section 403c–11, act Aug. 19, 1937, ch. 703, §11,
§403d. Lease of lands within Shenandoah National Park and Great Smoky Mountains National Park
The Secretary of the Interior is authorized to lease lands within the Shenandoah National Park and Great Smoky Mountains National Park for periods not exceeding two years, upon such conditions as he may in his discretion deem proper, to persons and educational or religious institutions occupying same or who had or claim to have had some interest in the title to the same prior to the establishment of the park.
(Feb. 16, 1928, ch. 59, §2,
Cross References
Leases for twenty years or not exceeding lifetime, see
§403e. Acceptance of title to lands; reservations; leases; rights-of-way and easements
The Secretary of the Interior is authorized in his discretion to accept title to lands tendered without cost to the United States within the areas of the Shenandoah National Park and the Great Smoky Mountains National Park, subject to leases entered into and granted as part consideration in connection with the purchase of said land for tender to the United States for park purposes, but not exceeding in length of term the life of the particular grantor or grantors: Provided, That said leases and the terms and conditions thereof shall have previously been submitted to and approved by said Secretary: And provided further, That he may lease upon such terms and conditions as he deems proper any lands within the aforesaid areas when such use shall not be deemed by him inconsistent with the purposes for which the lands were acquired on behalf of the United States, to persons, educational or religious institutions, private corporations, associations, and partnerships previously occupying such land for terms not exceeding the particular lifetime in the case of natural persons, and not exceeding twenty years in all other cases, which latter leases may be renewed in the discretion of said Secretary: And provided further, That the Secretary of the Interior may accept lands for these parks subject to reservations of rights-of-way and easements.
(Feb. 4, 1932, ch. 19, §2,
Codification
Provisions of act Feb. 4, 1932, §2, relating to Mammoth Cave National Park and Isle Royale National Park are classified to
§403f. Great Smoky Mountains National Park; extension of boundaries
The boundary limits of the tract of land in the Great Smoky Mountains in the States of North Carolina and Tennessee, recommended by the Secretary of the Interior in his report of April 14, 1926, for the establishment of the Great Smoky Mountains National Park, are extended to include lands adjacent to the east boundary as defined in said report to a line approximately as follows:
From a point on top of the Balsam Mountains at the boundary of Swain and Hayward Counties just north of Black Camp Gap; thence following east the top of the mountain range to Jonathan Knob and Hemphill Bald; thence along top of ridge through Camp Gap to Bent Knee Knob; thence following the main ridge to Cataloochee Creek to a point on the boundary of the area described in report of the Secretary of the Interior of April 14, 1926; and the lands within said boundary extension, or any part thereof, may be accepted on behalf of the United States in accordance with the provisions of
(Apr. 19, 1930, ch. 197,
§403g. Establishment; minimum area
An area of four hundred thousand acres within the minimum boundaries of the Great Smoky Mountains National Park, acquired one-half by the peoples and States of North Carolina and Tennessee, and the United States, and one-half by the Laura Spelman Rockefeller Memorial in memory of Laura Spelman Rockefeller, is established as a completed park for administration, protection, and development by the United States.
(June 15, 1934, ch. 538, §1,
§403g–1. Exchange of lands
The Secretary of the Interior is authorized to accept from grantors title to non-Federal land and interests in land, together with improvements thereon, situated within or adjacent to the Great Smoky Mountains National Park, and in exchange therefor, to convey by deed on behalf of the United States to the aforesaid grantors, land or interests therein, together with improvements thereon, situated within the Great Smoky Mountains National Park: Provided, That such exchanges may be made without additional compensation by either party to the exchange when the properties to be exchanged are of approximately equal value; however, when the properties are not of approximately equal value, as may be determined by the Secretary, an additional payment of funds shall be required by the Secretary or by the grantor of non-Federal properties, as the case may be, in order to make an equal exchange, and the Secretary is authorized to use any land acquisition funds relating to the National Park System for such purposes: Provided further, That not more than two hundred acres of park land shall be conveyed pursuant to the aforesaid exchange authority. All properties acquired by the United States pursuant to this section shall become a part of the Great Smoky Mountain National Park upon acquisition thereof. Properties conveyed by the United States pursuant to this section shall thereafter be excluded from the park and any Federal regulation or control thereof for park purposes.
(
§403h. Inclusion of acquired lands
All lands purchased from funds heretofore allocated and made available by Executive order, or otherwise, or which hereafter may be allocated and made available for the acquisition of lands for conservation or forestation purposes within the maximum boundaries of the Great Smoky Mountains National Park as authorized by
(June 15, 1934, ch. 538, §2,
§403h–1. Acceptance of jurisdiction by United States; saving provisions
Sole and exclusive jurisdiction is assumed by the United States over certain lands within the States of North Carolina and Tennessee as may be acquired for the Great Smoky Mountains National Park, saving, however, to the State of North Carolina and to the State of Tennessee, respectively, the right to serve civil or criminal process within the limits of the area ceded by such State in suits or prosecutions for or on account of any rights acquired, obligations incurred, or crimes committed in such State outside of said park; and saving further to each such State the right to tax persons and corporations, their franchises and property on the lands included in such ceded area; and saving also to the persons residing in said park now, or hereafter, the right to vote at all elections held within the county in which they reside; and saving further to each such State the right to tax sales in such ceded area of gasoline and other motor-vehicle fuels and oil for use in motor vehicles. Nothing in this section shall be construed as a consent by the United States to the taxation by the States of such sales for the exclusive use of the United States.
(Apr. 29, 1942, ch. 264, §1,
Codification
A provision accepting the act of the North Carolina Legislature and the act of the Tennessee Legislature which ceded to the United States exclusive jurisdiction over the territory referred to in this section has been omitted as executed.
§403h–2. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section, act Apr. 29, 1942, ch. 264, §2,
§403h–3. Hunting, fishing, etc.; rules and regulations; protection of property; penalties for violating laws and rules
All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said park, nor shall any fish be taken out of any of the waters of the said park, in any other way than by hook and line, and then only at such seasons and at such times and in such manner as may be directed by the Secretary of the Interior. The Secretary of the Interior shall make and publish such general rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonderful objects within said park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the said park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the said park. Possession within said park of the dead bodies or any part thereof of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, stage or express company, railway or other transportation company, who knows or has reason to believe that such wild birds, fish, or animals were taken or killed contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior, and who receives for transportation the dead bodies or any part thereof of the wild birds, fish, or animals so taken or killed, or who shall violate any of the other provisions of this Act, or the rules and regulations, with reference to the management and care of the said park, or for the protection of the property therein for the preservation from injury or spoliation of timber, mineral deposits, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, and fish in said park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, sign hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits, natural curiosities, or other matter or thing growing or being thereon, or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all the costs of the proceedings.
(Apr. 29, 1942, ch. 264, §3,
References in Text
This Act, referred to in text, is act Apr. 29, 1942, which is classified to
§403h–4. Forfeiture of property used in commission of offenses
All guns, traps, nets, seines, fishing tackle, teams, horses, or means of transportation of every nature or description used by any person or persons within the limits of said park when engaged in killing, trapping, ensnaring, taking, or capturing such wild birds, fish, or animals contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior, shall be forfeited to the United States and may be seized by the officers in said park and held pending prosecution of any person or persons arrested under the charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, nets, seines, fishing tackle, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior and the proceeds paid into the Treasury of the United States: Provided, That the forfeiture of teams, horses, or other means of transportation shall be in the discretion of the court.
(Apr. 29, 1942, ch. 264, §4,
References in Text
This Act, referred to in text, is act Apr. 29, 1942, which is classified to
§§403h–5 to 403h–9. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 403h–5, act Apr. 29, 1942, ch. 264, §5,
Section 403h–6, act Apr. 29, 1942, ch. 264, §6,
Section 403h–7, act Apr. 29, 1942, ch. 264, §7,
Section 403h–8, act Apr. 29, 1942, ch. 264, §8,
Section 403h–9, act Apr. 29, 1942, ch. 264, §9,
§403h–10. Notice to Governors of North Carolina and Tennessee; application of sections 403h–3 and 403h–4 to subsequent lands accepted
The Secretary of the Interior shall notify in writing the Governors of the States of North Carolina and Tennessee of the passage and approval of this Act, and of the fact that the United States assumes police jurisdiction over said park as specified in said acts of the States of North Carolina and Tennessee. Upon the acceptance by the Secretary of the Interior of further cessions of jurisdiction over lands now or hereafter included in the Great Smoky Mountains National Park, the provisions of sections 2 to 9 inclusive, shall apply to such lands.
(Apr. 29, 1942, ch. 264, §10,
References in Text
This Act, referred to in text, is act Apr. 29, 1942, which is classified to
Sections 2 to 9 inclusive, referred to in text, means sections 2 to 9 of act Apr. 29, 1942, only sections 3 and 4 of which are still in effect and are classified to
§403h–11. Further additions for construction of scenic parkway
The Secretary of the Interior is authorized to accept, on behalf of the United States, donations of land and interests in land in the State of Tennessee for the construction of a scenic parkway to be located generally parallel to the boundary of the Great Smoky Mountains National Park and connecting with the park, in order to provide an appropriate view of the park from the Tennessee side. The right-of-way to be acquired for the parkway shall be of such width as to comprise an average of one hundred and twenty-five acres per mile for its entire length. The title to real property acquired pursuant to this section shall be satisfactory to the Secretary of the Interior. All property acquired pursuant to this section shall become a part of the Great Smoky Mountains National Park upon acceptance of title thereto by the Secretary, and shall be subject to all laws, rules, and regulations applicable thereto.
(Feb. 22, 1944, ch. 28,
Section Referred to in Other Sections
This section is referred to in
§403h–12. Entrance road to Cataloochee section
In order to provide suitable access to the Cataloochee section of Great Smoky Mountains National Park, the Secretary of the Interior is authorized to select the location of an entrance road from a point near the intersection at White Oak Church of North Carolina Routes Numbered 1338 and 1346 to the eastern boundary of the park in the vicinity of the Cataloochee section, and to accept, on behalf of the United States, donations of land and interests in land for the construction of the entrance road together with the necessary interchange with said Routes 1338 and 1346, and to construct the entrance road and the interchange on the donated land: Provided, That the right-of-way to be acquired, by donation, for the entrance road shall be of such width as to comprise not more than an average of one hundred and twenty-five acres per mile for its entire length of about five and two-tenths miles, constituting in the aggregate about six hundred and fifty acres of land.
All property acquired pursuant to this section shall become a part of the Great Smoky Mountains National Park upon acceptance of title thereto by the Secretary, and shall be subject to all laws, rules, and regulations applicable thereto.
(
Amendments
1969—
Section Referred to in Other Sections
This section is referred to in
§403h–13. Authorization of appropriations
There is hereby authorized to be appropriated for construction of an entrance road on land acquired pursuant to
(
Amendments
1969—
§403h–14. Authorization to transfer additional lands for scenic parkway
The Secretary of Agriculture is authorized to transfer to the jurisdiction of the Secretary of the Interior, who is hereby authorized to accept such transfer, not to exceed three hundred and sixty acres of national forest land in Cocke County, Tennessee, now part of the Cherokee National Forest, located within and adjacent to the right-of-way for section 8A of the Foothills Parkway between Tennessee Highway Numbered 32 and the Pigeon River.
Upon publication in the Federal Register of an order of transfer by the Secretary of Agriculture, the lands so transferred shall be a part of the Great Smoky Mountains National Park and available for the scenic parkway as authorized by
(
§403h–15. Conveyances to Tennessee of lands within Great Smoky Mountains National Park
The Secretary of the Interior is authorized to convey to the State of Tennessee, subject to such conditions as he may deem necessary to preserve the natural beauty of the adjacent park lands, approximately twenty-eight acres of land comprising a portion of the right-of-way of Tennessee State Route 72 (U.S. 129), and approximately forty-one acres comprising portions of the right-of-way of Tennessee State Route 73 east of Gatlinburg, which are within the boundary of the Great Smoky Mountains National Park.
(
Section Referred to in Other Sections
This section is referred to in
§403h–16. Reconveyance of rights-of-way and lands for control of landslides along Gatlinburg Spur of the Foothills Parkway; conditions
The Secretary is further authorized to convey to the State of Tennessee, subject to such conditions as he may deem necessary to assure administration and maintenance thereof by the State and to preserve the existing parkway character of the conveyed lands, the rights-of-way heretofore conveyed to the United States for the purposes of the Gatlinburg Spur of the Foothills Parkway together with any and all parcels of land heretofore conveyed by the State of Tennessee to the United States for the control and stabilization of landslides along said Gatlinburg Spur, except such lands as the Secretary determines may be necessary to provide for (1) the interchange between the road known as the Gatlinburg bypass and United States 441, (2) the interchange between United States Highway 441 and the Foothills Parkway in the vicinity of Caney Creek, and (3) the management and administration of the Foothills Parkway: Provided, That such reconveyance shall not be effected until construction of the Gatlinburg bypass and of two rock retaining walls to control erosion on the Gatlinburg Spur are completed, and Interstate Route 40 is open to public travel from Newport, Tennessee to United States Route 19 near Waynesville, North Carolina.
(
Section Referred to in Other Sections
This section is referred to in
§403h–17. Elimination of lands from Great Smoky Mountains National Park and Gatlinburg Spur of the Foothills Parkway
The conveyance of the lands described in
(
§403i. Secretary of the Interior authorized to purchase necessary lands
The Secretary of the Interior is authorized to acquire on behalf of the United States by purchase, at prices deemed by him to be reasonable, the lands needed to complete the Great Smoky Mountains National Park in the State of Tennessee, in accordance with the provisions of
(Feb. 12, 1938, ch. 27, §5,
References In Text
§403j. Authorization of appropriation
There is authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of $743,265.29 to complete the acquisition of lands within the limits of said park, such funds to be available until expended.
(Feb. 12, 1938, ch. 27, §6,
§403k. Boundary between Great Smoky Mountains National Park and Cherokee-Pisgah-Nantahala National Forests
The portion of the boundary of the Great Smoky Mountains National Park that is common to and between the park and the Cherokee-Pisgah-Nantahala National Forests hereafter shall be as follows:
(a) Between the Pisgah National Forest and Great Smoky Mountains National Park the boundary shall be as follows: Beginning at a point where North Carolina State Highway Numbered 284 first crosses the Cataloochee Divide, said point being common to the boundary of said forest as described in Proclamation Numbered 2187 of July 10, 1936, and the boundary of said park, as authorized by
(b) Between Nantahala National Forest and Great Smoky Mountains National Park, the boundary shall follow the boundary of said forest as described in Proclamation Numbered 2185 of July 9, 1936;
(c) Between Cherokee National Forest (Unaka Division) and Great Smoky Mountains National Park, the boundary shall follow the boundary of said forest as described in Proclamation Numbered 2183 of July 8, 1936.
(July 26, 1950, ch. 492, §1,
Section Referred to in Other Sections
This section is referred to in
§403k–1. Laws applicable
Subject to valid existing rights, all lands within the boundaries of Great Smoky Mountains National Park, as redefined by
(July 26, 1950, ch. 492, §2,
§403k–2. Addition of lands to Great Smoky Mountains National Park
So much of the twenty-five-acre tract of land in Forney's Creek Township, Swain County, North Carolina, lying north of Lake Cheoah, proposed to be donated to the United States by the Carolina Aluminum Company, as now lies outside of the park boundaries authorized by
(July 26, 1950, ch. 492, §3,
Section Referred to in Other Sections
This section is referred to in
§403k–3. Palmer's Chapel in Cataloochee Valley of Great Smoky Mountains National Park; protection and continued use; communication of Chapel history to visitors
The Secretary of the Interior is authorized and directed to take such measures as may be necessary to provide for the continued protection of the historic Palmer's Chapel in the Cataloochee Valley of the Great Smoky Mountains National Park. The importance of the chapel in memorializing the early settlement of the valley and in providing an opportunity for interpreting the cultural traditions of the former residents of the valley is hereby recognized, and the Secretary is authorized to make suitable arrangements for the history of the chapel to be communicated to park visitors and for the chapel to continue to be used for memorial purposes by former residents and their descendants.
(
SUBCHAPTER XLVII—MAMMOTH CAVE NATIONAL PARK
§404. Establishment; boundaries
When title to lands within the area referred to in this section shall have been vested in the United States in fee simple, there shall be, and there is, established, dedicated, and set apart as a public park for the benefit and enjoyment of the people, the tract of land in the Mammoth Cave region in the State of Kentucky, being approximately seventy thousand six hundred and eighteen acres, recommended as a National Park by the Southern Appalachian National Park Commission to the Secretary of the Interior, in its report of April 8, 1926, and made under authority of the Act of February 21, 1925 (
(May 25, 1926, ch. 382, §1,
References in Text
Act of February 21, 1925, referred to in text, was not classified to the Code.
Cross References
Acquisition of additional lands for Mammoth Cave National Park, see
Donations of money for acquisition of lands for Mammoth Cave National Park to be accepted by Secretary of the Interior and such lands to be acquired by purchase, condemnation or otherwise, see
Section Referred to in Other Sections
This section is referred to in
§404a. Acceptance of title to lands
The Secretary of the Interior is authorized, in his discretion, to accept, as hereinafter provided, on behalf of the United States, title to the lands referred to in
(May 25, 1926, ch. 382, §2,
Section Referred to in Other Sections
This section is referred to in
§404b. Administration, protection, and development; Federal Power Act inapplicable; minimum area
The administration, protection, and development of the aforesaid park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(May 25, 1926, ch. 382, §3,
References in Text
The Federal Power Act, referred to in text, was in the original the "Act approved June 10, 1920, known as the Federal Water Power Act," and was redesignated as the Federal Power Act by
Amendments
1934—Act May 14, 1934, inserted "and he shall have established a schedule of fees for admission to such caves," and changed phrase "including all the caves thereof" to its present position instead of following "twenty thousand acres".
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Cross References
Exclusion of Great Onyx and Crystal Caves from park and modification of area required for general development of park by this section accordingly, see
Section Referred to in Other Sections
This section is referred to in
§404b–1. Exclusion of Great Onyx and Crystal Caves
The Secretary of the Interior is authorized, in his discretion, to exclude the Great Onyx Cave and the Crystal Cave, or either of them, from the maximum boundaries of the said park, and the area required for general development of the said park by
(Aug. 28, 1937, ch. 873, §2,
Eventual Acquisition of Great Onyx and Crystal Caves
Eventual acquisition of Great Onyx and Crystal Caves, see
Section Referred to in Other Sections
This section is referred to in
§404b–2. Eventual acquisition of Great Onyx and Crystal Caves; cooperation with State of Kentucky
The Secretary of the Interior is authorized to cooperate with the State of Kentucky for the purpose of arranging for the eventual acquisition by the United States of the Great Onyx Cave and the Crystal Cave within the authorized boundaries of Mammoth Cave National Park. The Secretary shall deposit to the credit of a special receipt account that portion of the annual admission, guide, and elevator fee receipts from the said park which exceeds the annual amount available to the park for management, guide, and protection purposes, which funds so deposited may be expended thereafter in payment for the purchase of said cave properties. The Secretary is further authorized to enter into such contracts and agreements as he may determine to be necessary to effectuate the acquisition of the cave properties as authorized herein.
(Mar. 27, 1954, ch. 114,
§404c. Omitted
Codification
Section, act May 25, 1926, ch. 382, §4,
§404c–1. Acceptance of cession by United States; jurisdiction
The provisions of the act of the General Assembly of the Commonwealth of Kentucky, approved March 22, 1930 (Acts of 1930, ch. 132, p. 405), ceding to the United States exclusive jurisdiction over, within, and under such territory in the Commonwealth as may be acquired for the Mammoth Cave National Park, are accepted. Subject to the reservations made by the Commonwealth in the act of cession, the United States assumes sole and exclusive jurisdiction over such territory.
(June 5, 1942, ch. 341, §1,
References in Text
Act of the General Assembly of the Commonwealth of Kentucky, approved March 22, 1930 (Acts of 1930, ch. 132, p. 405), referred to in text, was also set out as Ky. St., §§3766e16 to 3766e22 [see §§3.020 and 3.070 in part].
§404c–2. Fugitives from justice
All fugitives from justice taking refuge in the park shall be subject to the same laws as fugitives from justice found in the Commonwealth of Kentucky.
(June 5, 1942, ch. 341, §2,
Amendments
1948—Act June 25, 1948, struck out first sentence relating to inclusion of park in a judicial district. See
Effective Date of 1948 Amendment
Section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948.
Section Referred to in Other Sections
This section is referred to in
§404c–3. Criminal offenses concerning hunting, fishing, and property; prima facie evidence; rules and regulations
All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of the park, nor shall any fish be taken out of any of the waters of the park, except at such seasons and at such times and in such manner as may be directed by the Secretary of the Interior. The Secretary of the Interior shall make and publish such general rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonderful objects within the park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the waters in the park. Possession within the park of the dead bodies or any part thereof of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, stage or express company, railway or other transportation company, who knows or has reason to believe that such wild birds, fish, or animals were taken or killed contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior, and who receives for transportation the dead bodies or any part thereof of the wild birds, fish, or animals so taken or killed, or who shall violate any of the other provisions of this Act, or the rules and regulations, with reference to the management and care of the park, or for the protection of the property therein, for the preservation from injury or spoliation of timber, mineral deposits, natural curiosities, or wonderful objects within the park, or for the protection of the animals, birds, and fish in the park, or who shall within the park commit any damage, injury, or spoliation to or upon any building, fence, sign, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits, natural curiosities, or other matter or thing growing or being thereon, or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all the costs of the proceedings.
(June 5, 1942, ch. 341, §3,
References in Text
This Act, referred to in text, is act June 5, 1942, which is classified to
Section Referred to in Other Sections
This section is referred to in
§404c–4. Forfeiture of property used in commission of offenses
All guns, traps, nets, seines, fishing tackle, teams, horses, or means of transportation of every nature or description used by any person or persons within the limits of the park when engaged in killing, trapping, ensnaring, taking, or capturing such wild birds, fish, or animals contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior shall be forfeited to the United States and may be seized by the officers in the park and held pending prosecution of any person or persons arrested under the charge of violating the provisions of this Act, and upon conviction under this Act, of such person or persons using said guns, traps, nets, seines, fishing tackle, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior: Provided, That the forfeiture of teams, horses, or other means of transportation shall be in the discretion of the court.
(June 5, 1942, ch. 341, §4,
References in Text
This Act, referred to in text, is act June 5, 1942, which is classified to
Section Referred to in Other Sections
This section is referred to in
§§404c–5 to 404c–9. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 404c–5, acts June 5, 1942, ch. 341, §5,
Section 404c–6, act June 5, 1942, ch. 341, §6,
Section 404c–7, act June 5, 1942, ch. 341, §7,
Section 404c–8, act June 5, 1942, ch. 341, §8,
Section 404c–9, act June 5, 1942, ch. 341, §9,
§404c–10. Notice of assumption of police jurisdiction by United States; acceptance by Secretary of further cessions
The Secretary of the Interior shall notify in writing the Governor of the Commonwealth of Kentucky of the passage and approval of this Act, and of the fact that the United States assumes police jurisdiction over the park. Upon the acceptance by the Secretary of the Interior of further cessions of jurisdiction over lands now or hereafter included in the Mammoth Cave National Park, the provisions of sections 2 to 9 inclusive, shall apply to such lands.
(June 5, 1942, ch. 341, §10,
References in Text
This Act, referred to in text, is act June 5, 1942, which is classified to
Sections 2 to 9 inclusive, referred to in text, means sections 2 to 9 of act June 5, 1942, only sections 2 to 4 of which are still in effect and are classified to
§404c–11. Secretary of the Interior authorized to acquire additional lands; appropriation; approval of title
The Secretary of the Interior is authorized in his discretion to acquire for inclusion within the Mammoth Cave National Park by purchase, condemnation, or otherwise, any lands, interests in lands, and other property within the maximum boundaries thereof as authorized by
In order to provide for acquisition of property on behalf of the United States, in accordance with the provisions of this section, there is authorized to be appropriated the sum of not to exceed $350,000. Any of the funds appropriated pursuant to the provisions hereof which are not needed to acquire property as authorized by this section may, in the discretion of the Secretary of the Interior, be used to acquire lands and interests in lands required for the development of a proper and suitable entrance road to Mammoth Cave National Park, as authorized in
The title to lands, interests in lands, and other property to be acquired pursuant to this Act shall be satisfactory to the Secretary of the Interior. Any property acquired pursuant to said sections upon acquisition by the Federal Government, shall become a part of the park, and shall be subject to all laws and regulations applicable thereto.
(June 5, 1942, ch. 341, §11,
References in Text
This Act, referred to in text, is act June 5, 1942, which is classified to
Amendments
1948—Act June 30, 1948, amended section to provide for an appropriation of $350,000 to acquire additional cave lands.
§404c–12. Entrance roads
For the purpose of developing a proper and suitable entrance road to the Mammoth Cave National Park, the Secretary of the Interior is authorized in his discretion to accept on behalf of the United States donations of lands, buildings, structures, and other property or interests therein, or to acquire such property with donated funds by purchase, condemnation, or otherwise, within an area or areas to be determined by him, but (a) not to exceed one mile in width, extending from the exterior boundary of the Mammoth Cave National Park to a point to be selected by him on United States Highway Numbered 31–W, and (b) not to exceed one-half mile in width on either side of United States Highway Numbered 31–W and running for a distance of not to exceed two miles along said highway. Lands acquired for purposes of protecting such entrance roads shall not be less than five hundred feet in width on either side of said roads: Provided, That only one such entrance road shall be established between United States Highway Numbered 31–W and Mammoth Cave National Park pursuant to this Act.
(June 5, 1942, ch. 341, §12,
References in Text
This Act, referred to in text, is act June 5, 1942, which is classified to
Section Referred to in Other Sections
This section is referred to in
§404d. Acceptance of title to lands; reservations; leases; rights-of-way and easements
The Secretary of the Interior is authorized in his discretion to accept title to lands tendered without cost to the United States within the area of the Mammoth Cave National Park, subject to leases entered into and granted as part consideration in connection with the purchase of said land for tender to the United States for park purposes, but not exceeding in length of term the life of the particular grantor or grantors: Provided, That said leases and the terms and conditions thereof shall have previously been submitted to and approved by said Secretary: And provided further, That he may lease upon such terms and conditions as he deems proper any lands within the aforesaid areas when such use shall not be deemed by him inconsistent with the purposes for which the lands were acquired on behalf of the United States, to persons, educational or religious institutions, private corporations, associations, and partnerships previously occupying such land for terms not exceeding the particular lifetime in the case of natural persons, and not exceeding twenty years in all other cases, which latter leases may be renewed in the discretion of said Secretary: And provided further, That the Secretary of the Interior may accept lands for these parks subject to reservations of rights-of-way and easements.
(Feb. 4, 1932, ch. 19, §2,
Codification
Provisions of act Feb. 4, 1932, §2, relating to the Shenandoah National Park and the Great Smoky Mountains National Park, and to the Isle Royale National Park, are classified to
§404e. Donations of money; acquisition of title to lands
In the establishment of the said Mammoth Cave National Park the Secretary of the Interior is authorized to accept donations of money for the acquisition of lands and rights therein and to acquire the same by purchase, condemnation, or otherwise.
(May 14, 1934, ch. 282, §2,
§404f. Acquisition of additional lands
All lands purchased from funds heretofore allocated and made available by Executive order, or otherwise, for the acquisition of lands for conservation or forestation purposes within the maximum boundaries of the Mammoth Cave National Park as authorized by
(Aug. 28, 1937, ch. 873, §1,
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER XLVIII—COOS COUNTY, OREGON
§405. Reservation for park and camp sites
The northeast quarter northwest quarter, lot 1, section 7, township 28 south, range 9 west, the southwest quarter northeast quarter, north half southeast quarter, section 5, township 27 south, range 11 west, the west half southwest quarter, section 5, the south half northwest quarter, section 11, township 28 south, range 11 west, the south half southeast quarter and east half southwest quarter, section 35, township 27 south, range 12 west, Willamette Meridian, Coos County, Oregon, formerly a part of the Coos Bay military wagon road grant, subject to valid existing rights and as to lands withdrawn for water-power purposes to all the provisions of the Federal Power Act [
(May 5, 1926, ch. 241, §1,
References in Text
The Federal Power Act, referred to in text, was in the original "Federal water power Act of June 10, 1920 (Forty-first Statutes At Large, page 1063)", which was redesignated the Federal Power Act by
§405a. Rules and regulations; fees
The said county court may make necessary rules and regulations governing the use of such lands and may charge such reasonable fees as may be necessary to provide funds for the upkeep, care, and protection of such reserved lands and the myrtle trees thereon, the said regulations and fees chargeable to be approved by the Secretary of the Interior before becoming effective.
(May 5, 1926, ch. 241, §2,
SUBCHAPTER XLIX—GRAND TETON NATIONAL PARK
§§406 to 406d. Repealed. Sept. 14, 1950, ch. 950, §1, 64 Stat. 849
Sections, act Feb. 26, 1929, ch. 331, §§1–5,
Sections 406 to 406d were not enacted as part of act Sept. 14, 1950, ch. 950,
§406d–1. Establishment; boundaries; administration
For the purpose of including in one national park, for public benefit and enjoyment, the lands within the present Grand Teton National Park and a portion of the lands within the Jackson Hole National Monument, there is established a new "Grand Teton National Park". The park shall comprise, subject to valid existing rights, all of the present Grand Teton National Park and all lands of the Jackson Hole National Monument that are not otherwise expressly provided for in this subchapter and
(Sept. 14, 1950, ch. 950, §1,
References in Text
The Jackson Hole National Monument, referred to in text, was created in Wyoming by Presidential Proc. No. 2578, Mar. 15, 1943,
Provisions relating to the "present Grand Teton National Park", referred to in text, were contained in former
Codification
Section comprises all of section 1 of act Sept. 14, 1950, except the final sentence thereof. The final sentence repealed
Construction of Alternate Highway
Act Aug. 9, 1955, ch. 635,
Availability of Unexpended Appropriated Funds
The third sentence of section 9 of act Sept. 14, 1950, provided that: "The remaining unexpended balance of any funds appropriated for the present Grand Teton National Park and the Jackson Hole National Monument shall be available for expenditure in connection with the administration of the Grand Teton National Park established by this Act [this subchapter and
Revocation of Temporary Withdrawals of Public Lands
Section 8 of act Sept. 14, 1950, provided that: "All temporary withdrawals of public lands made by Executive order in aid of legislation pertaining to parks, monuments, or recreational areas, adjacent to the Grand Teton National Park as established by this Act [this subchapter and
Repeal of Inconsistent Laws
The second sentence of section 9 of act Sept. 14, 1950, provided: "All provisions of law inconsistent with the provisions of this act [this subchapter and
Cross References
Conservation of elk within Grand Teton National Park, see
Limitation on further extension or establishment of national parks in Wyoming, see
National Elk Refuge in Wyoming, see
Wyoming Elk Reserve, see
§406d–2. Rights-of-way; continuation of leases, permits, and licenses; renewal; grazing privileges
With respect to those lands that are included by this subchapter and
(a) the Secretary of the Interior shall designate and open rights-of-way, including stock driveways, over and across Federal lands within the exterior boundary of the park for the movement of persons and property to or from State and private lands within the exterior boundary of the park and to or from national forest, State, and private lands adjacent to the park. The location and use of such rights-of-way shall be subject to such regulations as may be prescribed by the Secretary of the Interior;
(b) all leases, permits, and licenses issued or authorized by any department, establishment, or agency of the United States with respect to the Federal lands within the exterior boundary of the park which are in effect on September 14, 1950, shall continue in effect, subject to compliance with the terms and conditions therein set forth, until terminated in accordance with the provisions thereof;
(c) where any Federal lands included within the park by this subchapter and
(Sept. 14, 1950, ch. 950, §4,
Repeal of Inconsistent Laws
Repeal of laws inconsistent with act Sept. 14, 1950, see note set out under
§406d–3. Compensation for tax losses; limitation on annual amount
(a) In order to provide compensation for tax losses sustained as a result of any acquisition by the United States, subsequent to March 15, 1943, of privately owned lands, together with any improvements thereon, located within the exterior boundary of the Grand Teton National Park established by this subchapter and
(b) As soon as practicable after the end of each fiscal year, the amount then due for such fiscal year shall be computed and certified by the Secretary of the Interior, and shall be paid by the Secretary of the Treasury: Provided, That such amount shall not exceed 25 per centum of the fees collected during such fiscal year from visitors to the Grand Teton National Park established by this subchapter and
(Sept. 14, 1950, ch. 950, §5,
Repeal of Inconsistent Laws
Repeal of laws inconsistent with act Sept. 14, 1950, see note set out under
§406d–4. Acceptance of other lands by Secretary of the Interior
The Secretary of the Interior is authorized to accept the donation of the following-described lands, which lands, upon acceptance by the United States, shall become a part of the national park:
sixth principal meridian
Township 41 north, range 116 west: Section 3, lots 1 and 2.
Containing seventy-eight and ninety-three one-hundredths acres, more or less.
(Sept. 14, 1950, ch. 950, §7,
Repeal of Inconsistent Laws
Repeal of laws inconsistent with act Sept. 14, 1950, see note set out under
§406d–5. Use for reclamation purposes of certain lands within exterior boundary
Nothing in this subchapter and
(Sept. 14, 1950, ch. 950, §9,
References in Text
Act of June 17, 1902 (
Codification
Section comprises only the first sentence of section 9 of act Sept. 14, 1950. The second sentence of section 9 repealed all laws "inconsistent with" sections 406d–1 to 406d–5, inclusive, 431a, 451a, 482m, 673b, and 673c of this title, and is set out in note under
Repeal of Inconsistent Laws
Repeal of laws inconsistent with act Sept. 14, 1950, see note set out under
SUBCHAPTER L—CARLSBAD CAVERNS NATIONAL PARK
§407. Establishment; description of area
The tract of land known prior to May 14, 1930, as the Carlsbad Cave National Monument, in the State of New Mexico, established and designated as a national monument under
(May 14, 1930, ch. 272, §1,
References in Text
The presidential proclamation of October 25, 1923, referred to in text, is Proc. No. 1923,
§407a. Administration, protection, and development
The administration, protection, and development of said Carlsbad Caverns National Park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(May 14, 1930, ch. 272, §2,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Cross References
Transportation of employees, see
§407b. Applicability of Federal Power Act
The provisions of the Federal Power Act [
(May 14, 1930, ch. 272, §3,
References in Text
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
§407c. Repealed. Pub. L. 88–249, §5, Dec. 30, 1963, 77 Stat. 819
Section, act May 14, 1930, ch. 272, §4,
§407d. Admission and guide fees exempt from tax
Any admission fee charged for entrance to Carlsbad Caverns and any fee charged for guide service therein shall be exempt from all taxes on admissions.
(June 22, 1936, ch. 691, §1,
Codification
Act Sept. 20, 1941, ch. 412, title V, §541(c),
§407e. Boundaries
Carlsbad Caverns National Park situated in the State of New Mexico shall consist of the following described lands:
new mexico principal meridian, new mexico
Township 24 south, range 23 east: south half section 35; section 36.
Township 24 south, range 24 east; sections 25 to 29, inclusive; sections 31 to 36, inclusive.
Township 24 south, range 25 east: south half southeast quarter section 19; south half south half section 20; south half south half section 21; southwest quarter southwest quarter section 26; sections 27 to 33. inclusive: west half section 34: northwest quarter northeast quarter section 34.
Township 25 south, range 22 east: sections 24, 25, 35, and 36.
Township 25 south, range 23 east: sections 1 to 33, inclusive; northwest quarter section 34.
Township 25 south, range 24 east: north half section 1; west half section 2; northeast quarter section 2; sections 3 to 8, inclusive; west half section 9; northeast quarter section 9; northwest quarter section 10; west half section 17; northeast quarter section 17; section 18; northwest quarter section 19.
Township 25 south, range 25 east: north half section 5; north half section 6.
Township 26 south, range 22 east: north half section 1; west half southwest quarter section 1; section 2; section 11; west half west half section 12; northwest quarter section 14.
Township 26 south, range 23 east: northwest quarter section 6.
All of which contains 46,786.11 acres, more or less.
And the tract of land, including Rattlesnake Springs, lying in section 23, township 25 south, range 24 east, New Mexico principal meridian, acquired by the United States for water right purposes by warranty deed dated January 23, 1934, recorded in Eddy County, New Mexico, records in deedbook 64 on page 97, containing 79.87 acres, more or less.
(
Section Referred to in Other Sections
This section is referred to in
§407f. Exchange of lands
(a) State-owned lands; terms, conditions and reservations
For the purpose of acquiring the State-owned lands lying within the area described in
new mexico principal meridian, new mexico
Township 24 south, range 23 east: section 36.
Township 24 south, range 24 east: section 32.
Township 24 south, range 25 east: section 32.
Township 25 south, range 24 east: lots 1, 2, 3, and 4, south half north half, southwest quarter section 2.
Township 26 south, range 22 east: south half section 2, the Secretary of the Interior may, subject to such terms, conditions, and reservations as may be necessary or are in the public interest, including the reservation of surface rights-of-way across Federal lands situated in township 25 south, range 24 east, New Mexico principal meridian, for the construction of roads and utility lines between park headquarters and Rattlesnake Springs, exchange the following described 2,719.80 acres of public land of approximately equal value:
new mexico principal meridian, new mexico
Township 24 south, range 25 east: southeast quarter section 34.
Township 25 south, range 24 east: south half section 1; west half section 11; west half section 14; section 15; southeast quarter section 17.
Township 25 south, range 25 east: south half section 5; lot 6, northeast quarter southwest quarter, southeast quarter section 6.
Township 26 south, range 22 east: west half west half section 13; north half northeast quarter section 14.
(b) Private lands; terms, conditions and reservations
For the purpose of acquiring the private lands or interests in lands lying within the area described in
new mexico principal meridian, new mexico
Township 25 south, range 24 east: southeast quarter section 9; south half, northeast quarter section 10.
Township 26 south, range 22 east: south half, south half northeast quarter section 14.
(c) State-leased lands; compensation of lessee for improvements; appraisal
Notwithstanding subsection (a) of this section, when an exchange involves lands in section 32, township 24 south, range 24 east, New Mexico principal meridian, which the State of New Mexico has leased, the Secretary may compensate a lessee for the reasonable value of his improvements to the lands. Reasonable value shall be determined by the Secretary of the Interior by obtaining an impartial appraisal.
(
Section Referred to in Other Sections
This section is referred to in
§407g. State right-of-way for park-type road; reconveyance of interest upon completion of road
The Secretary is authorized to convey to the State of New Mexico a right-of-way over lands between the western boundary of the southeast quarter of section 34, township 24 south, range 25 east, and the vicinity of the caverns for the use of the State in constructing a park-type road for public use thereon: Provided, That the State may construct a road which shall meet the general standards of National Park Service roads and shall agree to reconvey its interests in such lands and any improvements thereon, without cost to the United States, upon completion of such road. The location of the road shall be determined by the Secretary, after consultation with officials of the State of New Mexico.
(
Section Referred to in Other Sections
This section is referred to in
§407h. Authorization of appropriations
There are hereby authorized to be appropriated not more than $500 to carry out the purposes of
(
SUBCHAPTER LI—INDEPENDENCE NATIONAL HISTORICAL PARK
§407m. Establishment; acquisition of land; property involved
For the purpose of preserving for the benefit of the American people as a national historical park certain historical structures and properties of outstanding national significance located in Philadelphia, Pennsylvania, and associated with the American Revolution and the founding and growth of the United States, the Secretary of the Interior, following the consummation of agreements with the city of Philadelphia and the Carpenters' Company of Philadelphia as prescribed in
(a) An area of three city blocks bounded generally by Walnut Street, Fifth Street, Chestnut Street, and Second Street, but excluding the new United States customhouse at the southeast corner of Second and Chestnut Streets, identified as "project A", as described in the report of the Philadelphia National Shrines Park Commission, dated December 29, 1947.
(b) A memorial thoroughfare, or mall, extending generally from the south side of Walnut Street to the north side of Manning Street, identified as part of "project B" in the report of the Commission. The properties identified generally as 269, 271, 273, and 275 South Fifth Street in "project B" in the report of the Commission.
(c) The site of the residence of Benjamin Franklin, and related grounds, comprising approximately a one-hundred-foot-wide strip, extending southward from Market Street approximately three hundred feet between Third and Fourth Streets, and encompassing a portion of Orianna Street, identified as "project C" in the report of the Commission.
(d) Certain land and buildings immediately adjacent to Christ Church, situated on the west side of Second Street, and north of Market Street, identified as "project E" in the report of the Commission, and certain land and buildings adjoining "Project E", being known and numbered as 8, 10, and 12 North Second Street and 201, 203, 205, 207, 209, 211–213, 215, 217, 219, and 221 Market Street: Provided, That the Secretary of the Interior first enter into an agreement with the proprietor or proprietors of said property (Christ Church), said agreement to contain the usual and customary provisions for the protection of the property, assuring its physical maintenance as a national shrine, without any limitation or control over its use for customary church purposes.
(June 28, 1948, ch. 687, §1,
Amendments
1958—Subsec. (d).
1952—Subsec. (b). Act July 10, 1952, inserted second sentence.
Mikveh Israel Cemetery
Act Aug. 6, 1956, ch. 1018,
"
Section Referred to in Other Sections
This section is referred to in
§407m–1. Acquisition of additional lands and buildings
The Secretary of the Interior is authorized to acquire by donation or with donated funds, or to acquire by purchase, the land and buildings immediately adjacent to, but not including, the St. George's Methodist Church property, which land and buildings are identified generally as 318, 320, and 322 New Street, for inclusion in the Independence National Historical Park: Provided, That the Secretary shall first enter into an agreement with the proprietor or proprietors of the St. George's Methodist Church property, such agreement to contain the usual and customary provisions for the protection and physical maintenance of said church property, without expense to the United States, in keeping with, but not as a part of, the nearby Independence National Historical Park and providing for its continued use, without limitation or control, for customary church purposes.
(
Codification
Section was not enacted as a part of act June 28, 1948, ch. 687,
Appropriations
Section 2 of
§407m–2. Acquisition of property adjacent to Old Saint Joseph's Church
The Secretary of the Interior is authorized to acquire by donation or with donated funds, or to acquire by purchase, from the Redevelopment Authority of the City of Philadelphia the land and interests in land immediately adjacent to, but not including the Old Saint Joseph's Church property in the city of Philadelphia, Pennsylvania, which land and interests in land are identified on the records of the city of Philadelphia as 324, 326, 328, 330, 332, 334 and 336 Walnut Street, for inclusion in the Independence National Historical Park: Provided, That the Secretary shall first enter into an agreement with the proprietor or proprietors of the Old Saint Joseph's Church property, such agreement to contain the usual and customary provisions for the protection and physical maintenance of such church property, without expense to the United States, in keeping with, but not as a part of the nearby Independence National Historical Park and providing for its continued use, without limitation or control, for customary church purposes.
(
Codification
Section was not enacted as a part of act June 28, 1948, ch. 687,
Appropriations
Section 2 of
§407m–3. Acquisition of site of Graff House
In order to include in Independence National Historical Park the site of the Graff House where Thomas Jefferson wrote the Declaration of Independence, the Secretary of the Interior is authorized to acquire by purchase, donation, or with donated funds all or any interests in the land and improvements thereon located at the southwest corner of Market and South Seventh Streets, in the city of Philadelphia, State of Pennsylvania, and more particularly described as follows:
Beginning at a point located at the intersection of the southerly line of Market Street with the westerly line of South Seventh Street, thence southerly along the west side of South Seventh Street 124 feet, thence westerly 50 feet, thence northerly 124 feet, thence easterly 50 feet to the point of beginning.
(
Codification
Section was not enacted as a part of act June 28, 1948, ch. 687,
Section Referred to in Other Sections
This section is referred to in
§407m–4. Erection of replica of Graff House; maintenance
The Secretary is further authorized to erect on the site aforesaid, with donated funds, a replica of the Graff House and to furnish and maintain the same.
(
Codification
Section was not enacted as a part of act June 28, 1948, ch. 687,
Section Referred to in Other Sections
This section is referred to in
§407m–5. Inclusion of additional lands and building; administration
The lands hereinbefore described and the building to be erected thereon shall become a part of the Independence National Historical Park and shall be administered in accordance with the laws and regulations applicable thereto.
(
Codification
Section was not enacted as a part of act June 28, 1948, ch. 687,
§407m–6. Authorization of appropriations
There are authorized to be appropriated such sums, but not more than $200,000, as may be necessary for acquisition of the land described in
(
Codification
Section was not enacted as a part of act June 28, 1948, ch. 687,
§407m–7. Exchange of property
The Secretary of the Interior is authorized to convey on behalf of the United States a certain tract of land, or any interest therein, being a portion of Independence National Historical Park project B, embracing fifteen thousand six hundred and fifty square feet, more or less, and situate on the northeast corner of South Fifth Street and Marshall Court (formerly Manning Street), city of Philadelphia, Pennsylvania, together with the improvements thereon, to the Redevelopment Authority of the City of Philadelphia in exchange for property, or interest therein, owned by the authority of approximately equal value and which the Secretary deems necessary for use in connection with the Independence National Historical Park. Property conveyed by the Secretary pursuant to this section shall thereupon cease to be a part of the park, and the property acquired in exchange therefor shall thereafter be a part of the park, subject to all the laws and regulations applicable to the park.
(
Codification
Section was not enacted as a part of act June 28, 1948, ch. 687,
§407n. Cooperative agreements between Secretary of the Interior and City of Philadelphia; contents
In furtherance of the general purposes of this subchapter as prescribed in
(June 28, 1948, ch. 687, §2,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§407o. Construction of buildings; acceptance of donations
The Secretary of the Interior, in his discretion, is authorized to construct upon a portion of the land described in
(June 28, 1948, ch. 687, §3,
Amendments
1952—Act July 10, 1952, inserted last sentence.
Acquisition of Land Encroached Upon by Deshler-Morris House
"Beginning at a point on the southwesterly side of Germantown Avenue at the distance of 165 feet 7½ inches southeastwardly from the southeasterly side of School House Lane, in the 22d ward of the city of Philadelphia; thence extending south 41 degrees 50 minutes 46 seconds west 44 feet to a point; thence extending north 48 degrees 58 minutes 40 seconds west 6 feet 1 inch to a point; thence extending south 42 degrees 8 minutes 17 seconds west 106 feet 4 inches to a point of corner; thence extending south 48 degrees 58 minutes 40 seconds east 12 feet 1½ inches to a point of corner; thence extending north 41 degrees 50 minutes 46 seconds east 150 feet 37/8 inches to the southwesterly side of Germantown Avenue; thence extending north 48 degrees 58 minutes 40 seconds west along the southwesterly side of Germantown Avenue 5 feet 6 inches to the first mentioned point and place of beginning."
§407p. Establishment of advisory commission; composition, appointment, and duties
The Secretary of the Interior is authorized, in his discretion, to establish a suitable advisory commission of not to exceed eleven members. The members of the advisory commission shall be appointed by the Secretary of the Interior, with three members to be recommended by the Governor of Pennsylvania, three by the mayor of Philadelphia, and one each by the Carpenters' Company of Philadelphia and the Independence Hall Association.
The functions of the advisory commission shall be to render advice to the Secretary of the Interior, from time to time, upon matters which the Secretary of the Interior may refer to them for consideration.
(June 28, 1948, ch. 687, §4,
Termination of Advisory Commissions
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
§407q. Administration, protection, and development
The administration, protection, and development of the park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(June 28, 1948, ch. 687, §5,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Development of Park; Appropriation
§407r. Authorization of appropriations
For the purpose of acquiring the property described in
(June 28, 1948, ch. 687, §6,
References in Text
The civil-service laws, referred to in text, are set forth in Title 5, Government Organization and Employees. See, particularly,
Codification
Provisions that authorized the employment of such experts and other officers and employees as are necessary to carry out this subchapter "without regard to the Classification Act of 1923, as amended", were omitted as obsolete. Sections 1202 and 1204 of the Classification Act of 1949,
Amendments
1974—
1970—
1958—
1952—Act July 10, 1952, substituted "$7,700,000" for "$4,435,000".
§407s. Administration and operation of properties; use of funds; contracts
Following the acquisition by the Federal Government of properties pursuant to this subchapter and until such time as the buildings thereon are demolished or the properties and buildings thereon are devoted to purposes of the Independence National Historical Park as provided herein, the Secretary is authorized, with respect to the said properties, to administer, operate, manage, lease, and maintain such properties, and lease, demolish, or remove buildings, or space in buildings thereon, in such manner as he shall consider to be in the public interest. Any funds received from leasing the said properties, buildings thereon, or space in buildings thereon, shall be deposited to the credit of a special receipt account and expended for purposes of operating, maintaining, and managing the said properties and demolishing or removing the buildings thereon. The Secretary, in his discretion and notwithstanding other requirements of law, may exercise and carry out the functions authorized herein by entering into agreements or contracts with public or private agencies, corporations, or persons, upon such terms and conditions as he deems to be appropriate in carrying out the purposes of this subchapter.
(June 28, 1948, ch. 687, §7, as added Oct. 26, 1951, ch. 574,
SUBCHAPTER LI–A—NATIONAL CONSTITUTION CENTER
§407aa. Findings and purposes
(a) Findings
Congress finds that:
(1) 1987 was the bicentennial of the signing of the United States Constitution;
(2) commemoration of the Constitution's bicentennial included various events conducted by the Federal Commission on the Bicentennial of the United States Constitution, and State and local bicentennial commissions;
(3) bicentennial activities included important educational and instructional programs to heighten public awareness of the Constitution and the democratic process;
(4) educational programs for the Constitution should continue after the bicentennial to document its profound impact on the political, economic and social development of this Nation, and in order to recognize those Americans instrumental in the history of the Constitution; and
(5) units of the National Park System preserve and interpret key historic sites that document the history of the origins, subsequent development, and effects of the United States Constitution on this Nation.
(b) Purposes
It is therefore the policy of the Congress to provide each of the following:
(1) the necessary resources to develop a national resource center to undertake, on an ongoing basis, educational programs on the Constitution;
(2) exhibits of, and an archives for, programs on or related to the recent bicentennial of the United States Constitution; and
(3) interpretation of the United States Constitution at those units of the National Park System particularly relevant to its history.
(
Short Title
Section 1 of
§407bb. Establishment
(a) In general
The Secretary of the Interior (hereafter in this subchapter referred to as the "Secretary") shall establish The National Constitution Center (hereafter in this subchapter referred to as the "Center") within or in close proximity to the Independence National Historical Park. The Center shall disseminate information about the United States Constitution on a nonpartisan basis in order to increase the awareness and understanding of the Constitution among the American people.
(b) Functions of Center
The functions of the Center shall include—
(1) serving as a center of exhibits and related materials on the history and contemporary significance of the Constitution;
(2) directing a national program of public education on the Constitution; issuing traveling exhibits, commissioning radio and television programs, furnishing materials for the schools, and providing other education services;
(3) functioning as an intellectual center, drawing both academics and practitioners to debate and refine constitutional issues and, at the same time, providing intellectual support for the Center's exhibits and public education program; and
(4) creating archives for programs on the bicentennial of the United States Constitution.
(
§407cc. Acquisition of site for and operation of Center
(a) Providing site
The Secretary through the General Services Administration, is authorized to provide, upon adequate reimbursement, a site, including necessary structures, for the Center by—
(1) using an existing structure or modifying an existing structure for use; or
(2) constructing a new structure to house the Center. The Secretary may acquire such land as is necessary to provide a site for the Center.
(b) Provision of funds to Center
The Secretary is authorized to make grants to, and enter into cooperative agreements, contracts or leases with the National Constitution Center, Philadelphia, Pennsylvania, which shall operate the Center as provided in this subchapter in order to carry out the purposes of this subchapter. Funds authorized to be appropriated under this subchapter may be made available to the National Constitution Center only to the extent that they are matched by such entity with funds from nonfederal sources.
(
§407dd. Directives to Secretary
(a) Independence National Historical Park and other units
The Secretary shall interpret the origins, subsequent development, and effects of the United States Constitution on this country at Independence National Historical Park and at such other units of the National Park System as are closely associated with the Constitution. The Secretary shall select not less than 12 units of the National Park System for such interpretation, including Independence National Historical Park.
(b) Memorial
The Secretary is authorized to establish and maintain at Independence National Historical Park an appropriate memorial to the United States Constitution as a key document in our Nation's history.
(c) Public materials
In coordination with the National Constitution Center, the Secretary shall develop and make available to the public interpretive and educational materials related to sites within the National Park System as referred to in subsection (a) of this section.
(d) Cooperative agreements
The Secretary may enter into cooperative agreements with the owners or administrators of historic sites closely associated with the Constitution, pursuant to which the Secretary may provide technical assistance in the preservation and interpretation of such sites.
(e) Research and education
The Secretary shall contract with the National Constitution Center and other qualified institutions of higher learning for research and other activities including the distribution of interpretive and educational materials as appropriate in order to carry out the provisions of this subchapter.
(f) Maintenance of historic integrity
Nothing in this section may be construed to alter or waive the requirement that the Secretary maintain the historic integrity of units of the National Park System, including compliance with
(
§407ee. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter.
(
SUBCHAPTER LII—ISLE ROYALE NATIONAL PARK
§408. Establishment; acquisition of land
When title to all alienated lands within Isle Royale in Lake Superior, Keweenaw County, Michigan, and immediately surrounding islands as shall be designated by the Secretary of the Interior in the exercise of his judgment and discretion as necessary or desirable for national-park purposes, shall have been vested in the United States, and exclusive jurisdiction over the same shall have been ceded by the State of Michigan to the United States, said area shall be, and is established, dedicated, and set apart as a public park for the benefit and enjoyment of the people, and shall be known as the Isle Royale National Park: 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.
(Mar. 3, 1931, ch. 448, §1,
Cross References
Proviso not to be construed as prohibiting acquisition of lands with funds allocated and made available for acquisition of lands for conservation or forestation purposes, see
Section Referred to in Other Sections
This section is referred to in
§408a. Acceptance of title to lands
The Secretary of the Interior is authorized, in his discretion and upon submission of evidence of title satisfactory to him, to accept on behalf of the United States title to any lands located on said islands offered to the United States, without cost, as may be deemed by him necessary or desirable for national-park purposes.
(Mar. 3, 1931, ch. 448, §2,
Section Referred to in Other Sections
This section is referred to in
§408b. Administration, protection, and development
The administration, protection, and development of the aforesaid park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(Mar. 3, 1931, ch. 448, §3,
References in Text
The Federal Power Act, referred to in text, was in the original the "Act approved June, 10, 1920, known as the Federal Water Power Act," which was redesignated as the Federal Power Act by
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§408c. Acceptance of title to lands; reservations; leases; rights-of-way and easements
The Secretary of the Interior is authorized in his discretion to accept title to lands tendered without cost to the United States within the area of the Isle Royale National Park, subject to leases entered into and granted as part consideration in connection with the purchase of said land for tender to the United States for park purposes, but not exceeding in length of term the life of the particular grantor or grantors: Provided, That said leases and the terms and conditions thereof shall have previously been submitted to and approved by said Secretary: And provided further, That he may lease upon such terms and conditions as he deems proper any lands within the aforesaid areas when such use shall not be deemed by him inconsistent with the purposes for which the lands were acquired on behalf of the United States, to persons, educational or religious institutions, private corporations, associations, and partnerships previously occupying such land for terms not exceeding the particular lifetime in the case of natural persons, and not exceeding twenty years in all other cases, which latter leases may be renewed in the discretion of said Secretary: And provided further, That the Secretary of the Interior may accept lands for these parks subject to reservations of rights of way and easements.
(Feb. 4, 1932, ch. 19, §2,
Codification
Provisions of act Feb. 4, 1932, §2, relating to the Shenandoah National Park and the Great Smoky Mountains National Park, and to the Mammoth Cave National Park, are classified to
§408d. Addition of lands purchased within boundaries for conservation or forestation purposes
All lands purchased from funds heretofore allocated and made available by Executive order, or otherwise, for the acquisition of lands for conservation or forestation purposes within the maximum boundaries of the Isle Royale National Park, as authorized by
(June 20, 1938, ch. 531,
§408e. Addition of lands; Passage Island
Subject to valid existing rights the following-described lands, in addition to the lands established as the Isle Royale National Park pursuant to
(a) Passage Island, containing approximately one hundred and eighty-two acres, located in sections 3, 4, and 9, township 67 north, range 32 west, in Keweenaw County, Michigan: Provided, That the Secretary of the Navy shall retain control and jurisdiction over the following portions of the Island for lighthouse and boathouse purposes:
(1) All that part of Passage Island lying south of a true east and west line located four hundred and twenty-five feet true north of the center of the Passage Island Light containing approximately six and five-tenths acres.
(2) Beginning at the center of Passage Island Light, thence north thirty-three degrees fifty-two minutes east three thousand five hundred and fifteen feet to a point from which this description shall begin to measure, being the southwest corner of said boathouse site; thence north two hundred feet to a point being the northwest corner of said site; thence east one hundred and seventy-five feet more or less to the harbor shore; thence southeasterly following the harbor shore to a point on the shore being a point on the south boundary of the boathouse site; thence two hundred feet more or less west to the point of beginning, containing approximately seventy-eight one-hundredths acre.
(3) A right-of-way between the sites described in the preceding subparagraphs, to be defined by the Secretary of the Navy within a reasonable length of time after March 6, 1942.
(b) Gull Islands, containing approximately six acres, located in section 19, township 68 north, range 31 west, in Keweenaw County, Michigan.
(Mar. 6, 1942, ch. 152, §1,
Amendments
1976—
1942—Act July 27, 1942, substituted "Secretary of the Navy" for "Secretary of the Treasury".
§408f. Former Siskiwit Islands Bird Reservation
The Siskiwit Islands Bird Reservation is abolished and shall after March 6, 1942, be a part of the Isle Royale National Park.
(Mar. 6, 1942, ch. 152, §2,
§408g. Submerged lands surrounding islands
The boundaries of the Isle Royale National Park are hereby extended to include any submerged lands within the territorial jurisdiction of the United States within four and one-half miles of the shoreline of Isle Royale and the surrounding islands, including Passage Island and the Gull Islands, and the Secretary of the Interior is hereby authorized, in his discretion, to acquire title by donation to any such lands not now owned by the United States, the title to be satisfactory to him.
(Mar. 6, 1942, ch. 152, §3,
Amendments
1976—
§408h. Federally owned lands within park boundaries
All federally owned lands within the boundaries of the Isle Royale National Park are made a part of the park: Provided, That the Secretary of the Navy shall retain control and jurisdiction, for lighthouse purposes, over Menagerie Island, located in township 64 north, range 35 west, and an unsurveyed island known as Rock of Ages, situated in approximate sections 7 and 18, township 63 north, range 39 west, and also shall retain the right to maintain existing floating and shore aids to navigation and to establish and maintain additional aids to navigation within the established park area when so required by general navigation.
(Mar. 6, 1942, ch. 152, §4,
Amendments
1942—Act July 27, 1942, substituted "Secretary of the Navy" for "Secretary of the Treasury".
§408i. Acceptance of territory ceded by Michigan; jurisdiction
Sole and exclusive jurisdiction over and within all the territory that is as of March 6, 1942 or may thereafter be included in that area in the State of Michigan set aside and dedicated for park purposes by the United States as the Isle Royale National Park is assumed by the United States, saving, however, to the State of Michigan the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in said State outside of said park; and saving further to said State the right to tax persons and corporations, their franchises and property on the lands included in said park; and saving also to the persons residing in said park now, or hereafter, the right to vote at all elections held within the county in which they reside. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Michigan.
(Mar. 6, 1942, ch. 150, §1,
Codification
A provision accepting the act of the Michigan Legislature which ceded to the United States exclusive jurisdiction over the territory referred to in this section has been omitted as executed.
Notice to Michigan of Sections 408i to 408q
Section 10 of act Mar. 6, 1942, which act affected
§408j. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section, act Mar. 6, 1942, ch. 150, §2,
§408k. Hunting and fishing; general rules and regulations; protection of property; violation of statutes or rules; penalties
All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said park, nor shall any fish be taken out of any of the waters of the said park, except at such seasons and at such times and in such manner as may be directed by the Secretary of the Interior. The Secretary of the Interior shall make and publish such general rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonderful objects within said park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the said park; and he shall make rules and regulations governing the taking of fish from the waters in the said park. Possession within said park of the dead bodies or any part thereof of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, stage or express company, railway or other transportation company, who knows or has reason to believe that such wild birds, fish, or animals were taken or killed contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior, and who receives for transportation the dead bodies or any part thereof of the wild birds, fish, or animals so taken or killed, or who shall violate any of the other provisions of this Act, or the rules and regulations, with reference to the management and care of the said park, or for the protection of the property therein for the preservation from injury or spoliation of timber, mineral deposits, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, and fish in said park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, sign, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits, natural curiosities, or other matter or thing growing or being thereon, or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all the costs of the proceedings.
(Mar. 6, 1942, ch. 150, §3,
References in Text
This Act, referred to in text, is act Mar. 6, 1942, which is classified to
§408l. Forfeiture of property used in hunting, fishing, etc.
All guns, traps, nets, seines, fishing tackle, teams, horses, or means of transportation of every nature or description used by any person or persons within the limits of said park when engaged in killing, trapping, ensnaring, taking, or capturing such wild birds, fish, or animals contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior, shall be forfeited to the United States and may be seized by the officers in said park and held pending prosecution of any person or persons arrested under the charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, nets, seines, fishing tackle, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior: Provided, That the forfeiture of teams, horses, or other means of transportation shall be in the discretion of the court.
(Mar. 6, 1942, ch. 150, §4,
References in Text
This Act, referred to in text, is act Mar. 6, 1942, which is classified to
Section Referred to in Other Sections
This section is referred to in
§§408m to 408q. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992 , eff. Sept. 1, 1948
Section 408m, acts Mar. 6, 1942, ch. 150, §5,
Section 408n, act Mar. 6, 1942, ch. 150, §6,
Section 408o, act Mar. 6, 1942, ch. 150, §7,
Section 408p, act Mar. 6, 1942, ch. 150, §8,
Section 408q, act Mar. 6, 1942, ch. 150, §9,
SUBCHAPTER LIII—MORRISTOWN NATIONAL HISTORICAL PARK
§409. Establishment; acquisition of land
When title to all the lands, structures, and other property in the military camp-ground areas and other areas of Revolutionary War interest at and in the vicinity of Morristown, New Jersey, as shall be designated by the Secretary of the Interior, in the exercise of his discretion, as necessary or desirable for national-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 enjoyment of the people and shall be known as the Morristown National Historical Park: Provided, That the United States shall not purchase by appropriation of public moneys any lands within the aforesaid areas, but such lands shall be secured by the United States only by public or private donation: And provided further, That such areas shall include, at least, Jockey Hollow camp site, now owned by Lloyd W. Smith and the town of Morristown, Fort Nonsense, now owned by the town of Morristown, and the George Washington Headquarters, known as the Ford House, with its museum and other personal effects and its grounds, now owned by the Washington Association of New Jersey.
(Mar. 2, 1933, ch. 182, §1,
§409a. Acceptance of title to lands
The Secretary of the Interior is authorized to accept donations of land, interest in land, buildings, structures, and other property within the boundaries of said park as determined and fixed hereunder and donations of funds for the purchase and/or maintenance thereof, the title and evidence of title to lands purchased to be satisfactory to the Secretary of the Interior: Provided, That the Secretary of the Interior is authorized, in his discretion, to accept on behalf of the United States other lands, easements, and buildings of Revolutionary War interest in Morris and adjacent counties in New Jersey as may be donated for the extension of the Morristown National Historical Park.
(Mar. 2, 1933, ch. 182, §2,
§409b. George Washington headquarters; maintenance
After the acquisition of the museum and other personal effects of the said Washington Association by the United States, including such other manuscripts, books, paintings, and other relics of historical value pertaining to George Washington and the Revolutionary War as may be donated to the United States, such museum and library shall forever be maintained as a part of said Morristown National Historical Park.
(Mar. 2, 1933, ch. 182, §3,
§409c. Board of advisers
The Washington Association of New Jersey, Lloyd W. Smith, and the town of Morristown having, by their patriotic and active interest in conserving for posterity these important historical areas and objects, the board of trustees and the executive committee of the said association, together with Mrs. Willard W. Cutler, its curator, and Clyde Potts, at present mayor of Morristown, shall hereafter act as a board of advisers in the maintenance of said park. The said association shall have the right to hold its meetings in said Ford House.
(Mar. 2, 1933, ch. 182, §4,
§409d. Employees of Washington Association of New Jersey
Employees of the said Washington Association, who were, prior to March 2, 1933, charged with the care and development of the said Ford House and its museum and other effects, may, in the discretion of the Secretary of the Interior, hereafter be employed by the National Park Service in the administration, protection, and development of the said park without regard to the laws of the United States applicable to the employment and compensation of officers and employees of the United States.
(Mar. 2, 1933, ch. 182, §5,
§409e. Administration, protection, and development
The administration, protection, and development of aforesaid national historical park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(Mar. 2, 1933, ch. 182, §6,
Codification
The proviso formerly at end of this section limited appropriations for fiscal years 1934, 1935, and 1936, to $7,500.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§409f. Jurisdiction of New Jersey in civil, criminal and legislative matters retained; citizenship unaffected
Nothing in this subchapter shall be held to deprive the State of New Jersey, or any political subdivision thereof, of its civil and criminal jurisdiction in and over the areas included in said national historical park, nor shall this subchapter in any way impair or affect the rights of citizenship of any resident therein; and save and except as the consent of the State of New Jersey may be hereafter given, the legislative authority of said State in and over all areas included within such national historical park shall not be diminished or affected by the creation of said park, nor by any terms and provisions of this subchapter.
(Mar. 2, 1933, ch. 182, §7,
§409g. Additional lands
In order to preserve for the benefit and inspiration of the public certain lands historically associated with the winter encampment of General George Washington's Continental Army at Jockey Hollow in 1779 and 1780, and to facilitate the administration and interpretation of the Morristown National Historical Park, the Secretary of the Interior is authorized to procure by purchase, donation, purchase with appropriated funds, or otherwise, not to exceed 615 acres of land and interests therein which 615 acres shall include Stark's Brigade campsite and other lands necessary for the proper administration and interpretation of the Morristown National Historical Park: Provided, That title to the property known as the Cross estate may not be accepted until the property is vacant.
(
Codification
Section was not enacted as a part of act Mar. 2, 1933, ch. 182,
Amendments
1991—
1976—
1974—
Authorization of Appropriations for Additional Lands
Section 3 of
Section Referred to in Other Sections
This section is referred to in
§409h. Administration of additional lands
Lands acquired pursuant to this section and
(
Codification
Section was not enacted as part of act Mar. 2, 1933, ch. 182,
SUBCHAPTER LIV—EVERGLADES NATIONAL PARK
§410. Establishment; acquisition of land
When title to all the lands within boundaries to be determined by the Secretary of the Interior within the area of approximately two thousand square miles in the region of the Everglades of Dade, Monroe, and Collier Counties, in the State of Florida, recommended by said Secretary, in his report to Congress of December 3, 1930, pursuant to the Act of March 1, 1929 (
(May 30, 1934, ch. 371, §1,
References in Text
Act of March 1, 1929 (
Section Referred to in Other Sections
This section is referred to in
§410a. Acceptance of title to lands
The Secretary of the Interior is authorized, in his discretion and upon submission of evidence of title satisfactory to him, to accept on behalf of the United States, title to the lands referred to in
(May 30, 1934, ch. 371, §2,
Section Referred to in Other Sections
This section is referred to in
§410b. Administration, protection, and development
The administration, protection, and development of the aforesaid park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(May 30, 1934, ch. 371, §3,
References in Text
The Federal Power Act, referred to in text, was in the original the "Act approved June 10, 1920, known as the Federal Water Power Act," and was redesignated as the Federal Power Act by
Amendments
1937—Act Aug. 21, 1937, struck out proviso which prohibited expenditure of public moneys by the United States on the park within a period of five years.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§410c. Preservation of primitive condition
The said area or areas shall be permanently reserved as a wilderness, and no development of the project or plan for the entertainment of visitors shall be undertaken which will interfere with the preservation intact of the unique flora and fauna and the essential primitive natural conditions now prevailing in this area.
(May 30, 1934, ch. 371, §4,
Section Referred to in Other Sections
This section is referred to in
§410d. Acceptance and protection of property pending establishment of park; publication of establishment order
(a) For the purpose of protecting the scenery, the wildlife, and other natural features of the region authorized to be established as the Everglades National Park by
(b) Upon the execution of the aforesaid provisions relating to establishment thereof, the Everglades National Park shall be established by order of the Secretary which shall be published in the Federal Register.
(Dec. 6, 1944, ch. 508,
References in Text
Act of March 1, 1929 (
§410e. Acquisition of additional lands; reservation of oil, gas, and mineral rights; reservation of royalty rights
In order to consolidate the Federal ownership of lands within the boundary set forth in deed numbered 19035 executed December 28, 1944, by the trustees of the Internal Improvement Fund of the State of Florida, and accepted by the Secretary of the Interior on March 14, 1947, for Everglades National Park purposes, the said Secretary is authorized, within the aforesaid boundary and with any funds made available for that purpose, to procure lands or interests therein by purchase or otherwise, subject, however, to the right of retention by owners of lands, interests in lands, interests in oil, gas, and mineral rights, or royalties, their heirs, executors, administrators, successors, or assigns (hereinafter referred to as "owners"), at their election, of the following:
(1) The reservation until October 9, 1958, 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: Provided, That if on or before said date, oil, gas, or other minerals are being produced in commercial quantities anywhere within the boundary set forth in aforesaid deed numbered 19035, then in that event the time of the reservation as set forth in this subsection shall automatically extend for all owners, 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. To exercise this reservation, the owners, their lessees, agents, employees, and assigns shall have such right of ingress and egress to and from such lands as may be necessary; and
(2) After the termination of the reserved rights of owners as set forth in subsection (1) 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 lands at any time before January 1, 1985, should production ever be authorized by the Federal Government or its assigns.
(Oct. 10, 1949, ch. 659, §1,
Section Referred to in Other Sections
This section is referred to in
§410f. Limitation of Federal action during reservation period
Unless consented to by an owner retaining the reservation set forth in subsection (1) of
(Oct. 10, 1949, ch. 659, §2,
Section Referred to in Other Sections
This section is referred to in
§410g. Rules and regulations governing reservation rights
Any reservations retained under the provisions of subsection (1) of
(Oct. 10, 1949, ch. 659, §3,
Section Referred to in Other Sections
This section is referred to in
§410h. Ascertainment of owners' election regarding reservation rights
In any action caused by the Secretary of the Interior to be commenced for the acquisition of lands under the provisions hereof, reasonable diligence shall be exercised by him to ascertain whether owners elect to retain reservations in accordance with the provisions of
(Oct. 10, 1949, ch. 659, §4,
Section Referred to in Other Sections
This section is referred to in
§410i. Exterior boundaries; administration
Notwithstanding
(1) Beginning at the intersection of the south right-of-way line of United States Highway Numbered 41, also known as the Tamiami Trail, and the west line of township 54 south, range 37 east, as shown on the Everglades National Park base map numbered NP–EVE–7109, revised August 10, 1949;
thence southerly along the west line of township 54 south, range 37 east, along the west line of Government lot 6 lying between township 54 south, and township 55 south, range 37 east, and along the west line of township 55 south, range 37 east, and township 56 south, range 37 east and along the west lines of sections 6, 7, and 18, township 57 south, range 37 east, to the southwest corner of section 18, said township and range;
thence easterly along the north line of section 19, 20, 21, 22, and 23 of said township and range to the northeast corner of section 23;
thence southerly along the east line of sections 23, 26, and 35 of said township and range to the southeast corner of said section 35;
thence easterly along the south line of section 36, of said township and range, to the southeast corner of said section 36;
thence southerly along the east line of sections 1, 12, 13, 24, 25, and 36, township 58 south, range 37 east, and along the west line of sections 6, 7, and 18, township 59 south, range 38 east, to the northwest corner of section 19, said township and range;
thence easterly along the north line of sections 19, 20, 21, 22, 23, and 24 of township 59 south, range 38 east, and sections 19 and 20 of township 59 south, range 39 east, to the southwest right-of-way line of United States Highway Numbered 1;
thence southeasterly along the southwest right-of-way line of United States Highway Numbered 1 to a point which is the northerly point of a tract of land conveyed by the trustees of the internal improvement fund, State of Florida, to John E. Ravlin, and others, by deed dated November 5, 1943, recorded in deed book G16, page 72, in Monroe County public records;
thence following along the westerly and southerly boundary of said tract to its point of intersection with a line parallel with and 200 feet northwesterly from the centerline of Intracoastal Waterway near the southern point of said Ravlin tract;
thence southwesterly, following a line parallel to the centerline of said Intracoastal Waterway and 200 feet northwesterly from said centerline to a point due north of Long Key Light, approximately longitude 80 degrees 50 minutes west, latitude 24 degrees 51 minutes north;
thence northwesterly, following a line at all times parallel to the centerline of said Intracoastal Waterway and 200 feet northeasterly from said centerline to a point opposite the Oxford Bank Light, approximately longitude 81 degrees 00 minutes 40 seconds west, latitude 24 degrees 59 minutes 10 seconds north;
thence northwesterly in a straight line to a point 3 miles due south of the most southernmost point of East Cape (Cape Sable);
thence due north in a straight line to a point 2 miles due south of the most southernmost point of East Cape (Cape Sable);
thence northwesterly in the Gulf of Mexico in a straight line to a point 2 miles due west of the southeast corner of fractional section 31 (Middle Cape), township 60 south, range 32 east;
thence northwesterly in a straight line to a point 2 miles due west of the most westernmost point of Northwest Cape (Cape Sable);
thence northeasterly in a straight line to a point 2 miles due west of the northwest corner of fractional section 6, township 59 south, range 32 east;
thence northwesterly in a straight line to a point 2 miles due west of the southwest corner of section 6, township 58 south, range 32 east;
thence northwesterly in a straight line to a point 2 miles due west of the northwest corner of fractional section 28, township 56 south, range 31 east;
thence northwesterly in a straight line to a point 3 miles due west of the southwest corner of fractional section 32, township 54 south, range 30 east;
thence northwesterly in a straight line to the southwest corner of section 28, township 53 south, range 28 east;
thence northerly along the west line of section 28, township 53 south, range 28 east, to the northwest corner of said section 28;
thence easterly along the north line of section 28, township 53 south, range 28 east, to the northeast corner of said section 28;
thence northerly along the west line of section 22, township 53 south, range 28 east, to the northwest corner of said section 22;
thence easterly along the north line of section 22, township 53 south, range 28 east, to the northeast corner of said section 22;
thence northerly along the west line of section 14, township 53 south, range 28 east, to the northwest corner of said section 14;
thence easterly along the north line of section 14, township 53 south, range 28 east, to the northeast corner of said section 14;
thence northerly along the west line of section 12, township 53 south, range 28 east, to the northwest corner of said section 12;
thence easterly along the north line of section 12, township 53 south, range 28 east, to the northeast corner of said section 12;
thence northerly along the west line of section 6, township 53 south, range 29 east, to the northwest corner of said section 6;
thence easterly along the north line of township 53 south, range 29 east, to the northeast corner of section 4, township 53 south, range 29 east;
thence southerly along the east lines of sections 4, 9, 16, and 21, township 53 south, range 29 east, to the southeast corner of the northeast quarter of said section 21;
thence easterly to the center of section 22, township 53 south, range 29 east;
thence southerly to the southeast corner of the southwest quarter of section 22, township 53 south, range 29 east;
thence easterly along the south line of section 22, township 53 south, range 29 east, to the southeast corner of said section 22;
thence southerly along the west line of section 26, township 53 south, range 29 east, to the southwest corner of the northwest quarter of said section 26;
thence easterly to the center of section 26, township 53 south, range 29 east;
thence southerly to the northwest corner of the southwest quarter of the southeast quarter of section 26, township 53 south, range 29 east;
thence easterly to the northeast corner of the southeast quarter of the southeast quarter of section 26, township 53 south, range 29 east;
thence southerly along the east line of section 26, township 53 south, range 29 east, to the southeast corner of said section 26;
thence easterly along the north line of section 36, township 53 south, range 29 east, to the northeast corner of the northwest quarter of said section 36;
thence southerly to the southwest corner of the northwest quarter of the southeast quarter of section 36, township 53 south, range 29 east;
thence easterly to the southeast corner of the northeast quarter of the southeast quarter of section 36, township 53 south, range 29 east;
thence continuing easterly to the southeast corner of the northwest quarter of the southwest quarter of section 31, township 53 south, range 30 east;
thence northerly to the northeast corner of the northwest quarter of the northwest quarter of section 31, township 53 south, range 30 east;
thence continuing northerly to the northeast corner of the southwest quarter of the southwest quarter of section 30, township 53 south, range 30 east;
thence westerly to the northeast corner of the southeast quarter of the southeast quarter of section 25, township 53 south, range 29 east;
thence northerly along the east lines of sections 25, 24, and 13, township 53 south, range 29 east, to the northeast corner of said section 13;
thence easterly along the north lines of sections 18, 17, 16, 15, 14, and 13, to the northeast corner of section 13, township 53 south, range 30 east;
thence southerly along the east lines of sections 13, 24, 25, and 36 to the southeast corner section 36, township 53 south, range 30 east;
thence easterly along the north lines of sections 6, 5, and 4 to the northeast corner of section 4, township 54 south, range 31 east;
thence southerly along the east line of section 4 to the southeast corner of section 4, township 54 south, range 31 east;
thence easterly along the north line of section 10 to the northeast corner of section 10, township 54 south, range 31 east;
thence southerly along the east line of section 10 to the southeast corner of section 10, township 54 south, range 31 east;
thence easterly along the north line of section 14 to the northeast corner of section 14, township 54 south, range 31 east;
thence southerly along the east line of section 14 to the southeast corner of section 14, township 54 south, range 31 east;
thence easterly along the north line of section 24 to the northeast corner of section 24, township 54 south, range 31 east;
thence southerly along the east lines of sections 24 and 25 to the southeast corner of section 25, township 54 south, range 31 east;
thence easterly along the north lines of sections 31, 32, and 33 to the northeast corner of section 33, township 54 south, range 32 east;
thence southerly along the east line of section 33 to the southeast corner of section 33, township 54 south, range 32 east;
thence easterly along the north line of section 3, to the northeast corner of section 3, township 55 south, range 32 east;
thence southerly along the east lines of sections 3 and 10, to the southeast corner of section 10, township 55 south, range 32 east;
thence easterly along the north line of section 14, to the northeast corner of section 14, township 55 south, range 32 east;
thence southerly along the east line of section 14, to the southeast corner of section 14, township 55 south, range 32 east;
thence easterly along the north line of section 24, to the northeast corner of section 24, township 55 south, range 32 east;
thence southerly along the east lines of sections 24 and 25 to the northeast corner of the southeast quarter of section 25, township 55 south, range 32 east;
thence easterly along the north line of the south half of section 30 to the northeast corner of the south half of section 30, township 55 south, range 33 east;
thence southerly along the east lines of sections 30 and 31 to the southeast corner of section 31, township 55 south, range 33 east;
thence southerly along the east line of section 6, to the southeast corner of section 6, township 56 south, range 33 east;
thence easterly along the north lines of sections 8, 9, 10, 11, and 12, to the northeast corner of section 12, township 56 south, range 33 east;
thence easterly along the north lines of sections 7, 8, 9, 10, 11, and 12, to the northeast corner of section 12, township 56 south, range 34 east;
thence easterly along the north line of section 7 to the northeast corner of section 7, township 56 south, range 35 east;
thence northerly along the west line of section 5 to the northwest corner of section 5, township 56 south, range 35 east;
thence northerly along the west lines of sections 32, 29, 20, 17, 8, and 5 to the northwest corner of section 5, township 55 south, range 35 east;
thence northerly along the west lines of sections 32, 29, and 20 to the intersection of the south right-of-way line of the Loop Road, township 54 south, range 35 east;
thence easterly along the south right-of-way line of the Loop Road and the south right-of-way line of United States Highway Numbered 41, also known as the Tamiami Trail, through sections 20, 21, 22, 23, and 24, township 54 south, range 35 east, to the intersection of the east township line, township 54 south, range 35 east;
thence easterly along the south right-of-way line of United States Highway Numbered 41, also known as the Tamiami Trail, through sections 19, 20, 21, 22, 23, and 24, township 54 south, range 36 east, to the east township line of township 54 south, range 36 east;
thence easterly along the south right-of-way line of United States Highway Numbered 41, also known as the Tamiami Trail, across township 36½ east to the intersection of the west line of township 54 south, range 37 east, the point of beginning;
(2) Land acquired by the United States of America for furthering administration and use of the park by deeds dated January 25, 1954 (2), and February 27, 1954 (2), recorded in the public records of Monroe County, Florida, book OR–3, pages 302 to 308, inclusive, and book OR–2, pages 378 to 381, inclusive, respectively; and accepted by the National Park Service on April 7, 1954 (2), and April 5, 1954 (2), respectively; and
(3) Not to exceed 35 acres, to be acquired by donation only, in or in the vicinity of Everglades City, Florida, which the Secretary of the Interior may find necessary and suitable for furthering administration and use of the park.
Land and water now in Federal ownership within said boundary shall continue to be administered as Everglades National Park; however, the land and water therein not in Federal ownership shall be administered as a part of the park only after being acquired as hereinafter provided.
(
Section Referred to in Other Sections
This section is referred to in
§410j. Acquisition of land, water, and interests therein; consent of owner; reservations
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
The authority to acquire land, water, and interests therein within the park boundary fixed in
(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
(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.
(
Amendments
1970—
Section Referred to in Other Sections
This section is referred to in
§410k. Limitation of Federal action during reservation period
Unless consented to by an owner retaining the reservation set forth in subsections (1) and (2) of
(
Section Referred to in Other Sections
This section is referred to in
§410l. Rules and regulations governing reservation rights
Any reservations retained under the provisions of subsections (1) and (2) of
(
Section Referred to in Other Sections
This section is referred to in
§410m. Ascertainment of owners' election regarding reservation rights
In acquiring any of the land or water within the area described in
(
Section Referred to in Other Sections
This section is referred to in
§410n. Drainage of lands; right-of-way
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.
(
Section Referred to in Other Sections
This section is referred to in
§410o. Exchange of land, water, and interests therein
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 Referred to in Other Sections
This section is referred to in
§410p. Authorization of appropriations
(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
(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 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.
(
Amendments
1970—Subsec. (a).
1969—
Section Referred to in Other Sections
This section is referred to in
§410q. Exchange of lands
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.
(
Section Referred to in Other Sections
This section is referred to in
§410r. Lands acquired as part of park; rules and regulations
All lands and submerged lands title to which is accepted by the Secretary of the Interior pursuant to the provisions of
(
§410r–1. Acceptance of additional lands
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.
(
Section Referred to in Other Sections
This section is referred to in
§410r–2. Lands acquired as part of park; rules and regulations
All lands and submerged lands title to which is accepted by the Secretary of the Interior pursuant to the provisions of
(
§410r–3. Acceptance of additional lands; lands acquired as part of park; reimbursement of revolving fund
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.
(
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "of the".
§410r–4. Authorization of appropriations for reimbursement of revolving fund
There is hereby authorized to be appropriated to the emergency credit revolving fund, upon the transfer authorized in
(
§410r–5. Findings, purposes, and definitions
(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
(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
(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
(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.
(
Short Title
Section 1 of
Section Referred to in Other Sections
This section is referred to in
§410r–6. Boundary modification
(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
(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 (
(e) Offers to sell
In exercising the authority to acquire property under
(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
(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.
(
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (d), is act June 30, 1949, ch. 288,
Section Referred to in Other Sections
This section is referred to in
§410r–7. Administration
(a) In general
The Secretary shall administer the areas within the addition in accordance with
(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.
(
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "personally-owned".
§410r–8. Modification of certain water projects
(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 (
(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
(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
(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
(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 Natural Resources 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.
(k) Acquisition of additional lands
(1) Notwithstanding any other provision of
(2) With respect to any lands acquired pursuant to this subsection, the Secretary may provide not more than 25 percent of the total cost of such acquisition.
(3) All funds made available pursuant to this subsection shall be transferred to the State of Florida or a political subdivision of the State, subject to an agreement that any lands acquired with such funds will be managed in perpetuity for the restoration of natural flows to the park or Florida Bay.
(4) The lands referred to in paragraph (1) are those lands or interests therein adjacent to, or affecting the restoration of natural water flows to, the park or Florida Bay which are located east of the park and known as the Frog Pond, Rocky Glades Agricultural Area, and the Eight-and-One-Half Square-Mile Area.
(
References in Text
Section 1302 of the 1984 Supplemental Appropriations Act, referred to in subsec. (a)(2), is section 1302 of
The Department of the Interior and Related Agencies Appropriations Acts for fiscal years 1991 through 1994, referred to in subsec. (k)(1), are, respectively,
Amendments
1994—Subsecs. (a)(2), (j).
Subsec. (k).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Committee on Public Works and Transportation of House of Representatives changed to Committee on Transportation and Infrastructure of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER LV—MINUTE MAN NATIONAL HISTORICAL PARK
§410s. Establishment
(a) In general
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 purposes of the park shall include the preservation and interpretation of (1) the historic landscape along the road between Lexington and Concord, (2) sites associated with the causes and consequences of the American Revolution, and (3) the Wayside on Lexington Road in Concord, the home of Nathaniel Hawthorne, Bronson Alcott, Louisa May Alcott, and Margaret Sidney, whose works illustrate the nineteenth century American literary renaissance.
(b) Boundaries
The park shall be comprised of the lands depicted on the map entitled "Boundary Map NARO–406–20015C", dated June 1991.
(
Amendments
1992—Subsec. (a).
Subsec. (b).
Subsec. (c).
1970—
Short Title of 1992 Amendment
Section 1 of
§410t. Acquisition and transfer of lands; private owner's retention of right of use and occupancy
(a) Acquisition of lands; administrative jurisdiction of Federal lands; notice in Federal Register
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.
(b) Transfer of lands
The Secretary of the Interior shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of Defense the two parcels currently administered by the Secretary of the Interior, as depicted on the map dated April 1990 and numbered NARO–406/80805. The Secretary of Defense shall transfer to the administrative jurisdiction of the Secretary of the Interior, without reimbursement, for inclusion in the Minute Man National Historical Park the 4 parcels now administered by the Secretary of Defense, as depicted on the maps dated April 1990 and numbered NARO–406/80804 and NARO–406/80805.
(c) Exceptions and limitations to authorization to acquire lands; condemnation
The Secretary of the Interior is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange, lands or interests in lands within the areas included within the boundaries of the park pursuant to amendments made by the Minute Man National Historical Park Amendments of 1991 (hereinafter referred to as "1991 additions"), except that—
(1) lands, and interests in lands, within the 1991 additions which are owned by the State of Massachusetts or any political subdivision thereof, may be acquired only by donation, and
(2) lands, and interests in lands, within the 1991 additions which are used for noncommercial residential purposes as of July 1, 1991, may be acquired only with the consent of the owner thereof unless the property is being developed, or is proposed to be developed, in a manner which the Secretary determines to be detrimental to the scenic, historical, cultural, and other values of the park.
Nothing in paragraph (2) 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 for any lands within the 1991 additions. Not later than 6 months after October 24, 1992, and after notice and opportunity for public comment, the Secretary of the Interior shall publish specific guidelines for making determinations under paragraph (2). Such guidelines shall provide for (A) written notice to the Secretary prior to commencement of any proposed development on the lands referred to in paragraph (2), (B) written notice by the Secretary to the owner of such lands of any determination proposed to be made under paragraph (2), and (C) a reasonable opportunity for the owner to comment on such proposed determination.
(d) Private owner's retention of right of use and occupancy
(1) Any individual who owns private property acquired by the Secretary under subsection (c) of this section may, on the date of such acquisition and as a condition of such acquisition, retain for himself and his successors or assigns, a right of use and occupancy of the property for a definite term of not more than 25 years from the date of acquisition by the Secretary or a term ending at the death of the owner or the owner's spouse, whichever is later. The owner shall elect the term to be reserved.
(2) Unless the property is wholly or partially donated, the Secretary shall pay to the owner reserving a right of use and occupancy under this subsection 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.
(3) For purposes of applying this subsection, ownership shall be determined as of July 1, 1991.
(
References in Text
The Minute Man National Historical Park Amendments of 1991, referred to in subsec. (c), is
Amendments
1992—
§410u. Preservation of historic sites
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
(
§410v. Appointment and composition of advisory commission
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.
(
Termination of Advisory Commissions
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
§410w. Administration, protection, and development
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
(
§410x. Authorization of appropriations
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. For fiscal years after fiscal year 1991, there is authorized to be appropriated an additional $15,000,000 for development and an additional $7,300,000 for acquisition of lands and interests in lands.
(
Amendments
1992—
1970—
§410x–1. Residential occupancy
(a) Offer
In the case of each individual who—
(1) sold residential property between 1966 and 1968 to the United States for purposes of the park, and
(2) continues to occupy such residential property pursuant to a residential special use permit as of October 24, 1992,
the Secretary of the Interior shall offer to extend such residential special use permit for a term ending on the death of such individual or such individual's spouse, whichever is later.
(b) Terms and conditions
Any residential special use permit extended pursuant to subsection (a) of this section shall—
(1) permit the reasonable residential use and occupancy of the property by the individual to whom such permit is granted and such individual's spouse; and
(2) be subject to such terms and conditions as the Secretary may prescribe (including termination) to ensure that the permit does not unreasonably diminish the values of the park.
The extension of any such residential special use permit shall be conditional upon the payment by the individual holding such permit of an annual fee in the same amount as required as of July 1, 1991.
(
§410x–2. "Residential property" defined
As used in this subchapter, the term "residential property" means a single-family dwelling, the construction of which began before July 1, 1991, together with such land on which the dwelling and appurtenant buildings are located as is in the same ownership as such dwelling and as the Secretary designates as reasonably necessary for the owner's continued use and occupancy of the dwelling.
(
SUBCHAPTER LVI—CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK
§410y. Definitions
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.
(
Short Title
Section 1 of
Dedication to Justice William O. Douglas
"
"
"
§410y–1. Purposes; establishment; boundaries; acquisition of lands; procedure for acquisition; time of acquisition
(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 Chesapeake 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 Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives 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.
(
Amendments
1994—Subsec. (a)(3).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410y–1a. Boundary revision
The boundaries of the park are revised to include approximately 600 additional acres.
(
Codification
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.
Amendments
1980—
§410y–2. Consideration by Secretary of comprehensive local or State development, land use, or recreational plans
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.
(
§410y–3. Access
(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.
(
§410y–4. Chesapeake and Ohio Canal National Historical Park Commission
(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.
(
Amendments
1990—Subsec. (c).
Subsec. (g).
1980—Subsec. (g).
§410y–5. Administration
The Chesapeake and Ohio Canal National Historical Park shall be administered by the Secretary of the Interior in accordance with
(
§410y–6. Availability of funds; authorization of appropriations; adjustment of appropriations
(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.
(
Amendments
1978—Subsec. (b).
SUBCHAPTER LVII—BOSTON NATIONAL HISTORICAL PARK
§410z. Establishment
(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.
(
Amendments
1980—Subsec. (d).
1978—Subsec. (a)(8).
Subsec. (d).
Short Title
Section 1 of
Authorization of Appropriations
Section 310(c) of
Section Referred to in Other Sections
This section is referred to in
§410z–1. Acquisition of additional sites
(a) Studies
In addition to the properties described in
(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
(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.
(
Amendments
1978—Subsec. (a)(4), (5).
Section Referred to in Other Sections
This section is referred to in
§410z–2. Boston National Historical Park Advisory Commission
(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
(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.
(
§410z–3. Visitor center
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.
(
§410z–4. Administration
When established as provided in
(
§410z–5. Authorization of appropriations
For the acquisition of lands or interests in lands designated by
(
SUBCHAPTER LVIII—VALLEY FORGE NATIONAL HISTORICAL PARK
§410aa. Establishment
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.
(
§410aa–1. Lands and property
(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 Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, 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.
(
Amendments
1994—Subsec. (a).
1980—Subsec. (a).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410aa–2. Notice in Federal Register; appropriations; administration
When the Secretary determines that lands and interests therein have been acquired in an amount sufficient to constitute an administerable 1 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
(
Amendments
1980—
1 So in original. Probably should be "administrable".
§410aa–3. Authorization of appropriations
(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 Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives 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.
(
Amendments
1994—Subsec. (b).
1980—Subsec. (a).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Authorizations Effective October 1, 1980
Authorizations of moneys appropriated under
SUBCHAPTER LIX—KLONDIKE GOLD RUSH NATIONAL HISTORICAL PARK
§410bb. Establishment
(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 Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, 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 (
(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 (
(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.
(
References in Text
The Federal surplus property laws, referred to in subsec. (a), are classified generally to
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
That portion of the act of February 25, 1920, which is set out at
That portion of the act of August 21, 1935, which is set out at
That portion of the act of August 12, 1953, which is set out at
That portion of the act of May 14, 1898, which is set out as
Amendments
1994—Subsec. (a).
1980—Subsec. (b)(1).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410bb–1. Administration
(a) Establishment; notice in Federal Register
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
(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
(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.
(
§410bb–2. Cooperation with Canada for planning and development of international park
(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".
(
§410bb–3. Authorization of appropriations
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.
(
SUBCHAPTER LIX–A—LOWELL NATIONAL HISTORICAL PARK
Part A—Establishment of Park and Preservation District
§410cc. Congressional statement of findings and purpose
(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.
(
§410cc–1. Definitions
For purposes of this subchapter—
(1) the term "park" means the Lowell National Historical Park, established by
(2) the term "preservation district" means the Lowell Historic Preservation District, established by
(3) the term "Commission" means the Lowell Historic Preservation Commission established by
(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 (
(
References in Text
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 (
§410cc–11. Establishment of Lowell National Historical Park
(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.
(
Section Referred to in Other Sections
This section is referred to in
§410cc–12. Consultations, cooperation, and conduct of activities by Federal entities; issuance of licenses or permits by Federal entities
(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
(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
(
§410cc–13. Authorization of appropriations
(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
(2) the total of the amounts authorized to be appropriated for the purpose of carrying out
(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.
(
Amendments
1987—Subsec. (a).
Effective Date of 1987 Amendment
Section 2 of
"(a)
"(b)
Section Referred to in Other Sections
This section is referred to in
§410cc–14. Funding limitations
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.
(
Part B—Powers and Duties of Secretary
§410cc–21 . Park management plan
(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
(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
(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.
(
Section Referred to in Other Sections
This section is referred to in
§410cc–22 . Acquisition of property
(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
(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.
(
Section Referred to in Other Sections
This section is referred to in
§410cc–23 . Agreements and technical assistance
(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
(B) the Commission to assist the Commission in establishing the index and the standards and criteria required by
(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.
(
Section Referred to in Other Sections
This section is referred to in
§410cc–24 . Withholding of funds; criteria
The Secretary may refuse to obligate or expend any money appropriated for the purposes described in section 410cc–13(a)(1) or
(a) the city of Lowell has failed to establish regulations or laws consistent with the standards and criteria established pursuant to
(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
(c)(1) during the period before the city of Lowell has established regulations or laws consistent with the standards and criteria established pursuant to
(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 Referred to in Other Sections
This section is referred to in
§410cc–25 . Administrative functions
(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
(2) Subject to
(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.
(
Section Referred to in Other Sections
This section is referred to in
Part C—Powers and Duties of Preservation Commission
Part Referred to in Other Sections
This part is referred to in
§410cc–31 . Lowell Historic Preservation Commission
(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
(i) Termination
The Commission established pursuant to this subchapter shall cease to exist seventeen years from June 5, 1978.
(
Amendments
1987—Subsec. (e)(2).
Subsec. (i).
Section Referred to in Other Sections
This section is referred to in
§410cc–32 . Park preservation plan and index
(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
(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
(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
(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
(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
(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
(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
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.
(
Section Referred to in Other Sections
This section is referred to in
§410cc–33 . Financial and technical assistance
(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
(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
(B) the goals of the park preservation plan approved under
(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
(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
(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 Referred to in Other Sections
This section is referred to in
§410cc–34. Acquisition and disposition of property
(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
(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.
(
Section Referred to in Other Sections
This section is referred to in
§410cc–35. Powers of Commission
(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
(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
(
§410cc–36. Staff of Commission
(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
(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
(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.
(
References in Text
GS–15 of the General Schedule, referred to in subsecs. (a) and (c), is set out under
The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (c), are classified generally to
§410cc–37. Use of funds; maintenance of financial records; audits
(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.
(
SUBCHAPTER LIX–B—WAR IN THE PACIFIC NATIONAL HISTORICAL PARK
§410dd. Establishment
(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 Natural Resources 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) Repealed. Pub. L. 103–437, §6(i)(2), Nov. 2, 1994, 108 Stat. 4585
(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 $8,000,000 for development.
(l) Monument
Within the boundaries of the park, the Secretary is authorized to construct a monument which shall commemorate the loyalty of the people of Guam and the herosim of the American forces that liberated Guam.
(m) Interpretive programs
Within the boundaries of the park, the Secretary is authorized to implement programs to interpret experiences of the people of Guam during World War II, including, but not limited to, oral histories of those people of Guam who experienced the occupation.
(n) Report on projected development costs
Within six months after December 17, 1993, the Secretary, through the Director of the National Park Service, shall develop and transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report containing updated cost estimates for the development of the park. Further, this report shall contain a general plan to implement subsections (l) and (m) of this section, including, at a minimum, cost estimates for the design and construction of the monument authorized in section 1 (l) of this section.
(o) Protection of vintage weapons and fortifications
The Secretary may take such steps as may be necessary to preserve and protect various World War II vintage weapons and fortifications which exist within the boundaries of the park.
(
Amendments
1994—Subsec. (b).
Subsec. (h).
1993—Subsec. (k).
Subsecs. (l) to (o).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Congressional Findings
Section 1 of
"(1) June 15 through August 10, 1994, marks the 50th anniversary of the Mariana campaign of World War II in which American forces captured the islands of Saipan and Tinian in the Northern Marianas and liberated the United States Territory of Guam from Japanese occupation;
"(2) an attack during this campaign by the Japanese Imperial fleet, aimed at countering the American forces that had landed on Saipan, led to the battle of the Philippine Sea, which resulted in a crushing defeat for the Japanese by United States naval forces and the destruction of the effectiveness of the Japanese carrier-based airpower;
"(3) the recapture of Guam liberated one of the few pieces of United States territory that was occupied for two and one-half years by the enemy during World War II and restored freedom to the indigenous Chamorros on Guam who suffered as a result of the Japanese occupation;
"(4) Army, Navy, Marine Corps, and Coast Guard units distinguished themselves with their heroic bravery and sacrifice;
"(5) the Guam Insular Force Guard, the Guam militia, and the people of Guam earned the highest respect for their defense of the island during the Japanese invasion and their resistance during the occupation; their assistance to the American forces as scouts for the American invasion was invaluable; and their role, as members of the Guam Combat Patrol, was instrumental in seeking out the remaining Japanese forces and restoring peace to the island;
"(6) during the occupation, the people of Guam—
"(A) were forcibly removed from their homes;
"(B) were relocated to remote sections of the island;
"(C) were required to perform forced labor and faced other harsh treatment, injustices, and death; and
"(D) were placed in concentration camps when the American invasion became imminent and were brutalized by their occupiers when the liberation of Guam became apparent to the Japanese;
"(7) the liberation of the Mariana Islands marked a pivotal point in the Pacific war and led to the American victories at Iwo Jima, Okinawa, the Philippines, Taiwan, and the south China coast, and ultimately against the Japanese home islands;
"(8) the Mariana Islands of Guam, Saipan, and Tinian provided, for the first time during the war, air bases which allowed land-based American bombers to reach strategic targets in Japan; and
"(9) the air offensive conducted from the Marianas against the Japanese war-making capability helped shorten the war and ultimately reduced the toll of lives to secure peace in the Pacific."
Transfer of Excess Land to National Park Service
1 So in original. Probably should be "subsection".
SUBCHAPTER LIX–C—SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK
§410ee. Establishment
(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 Natural Resources 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
(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
(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.
(
Amendments
1994—Subsec. (a).
Subsec. (f)(2).
1990—Subsec. (a).
Subsec. (f)(2).
1980—Subsec. (e)(1).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
1 So in original. Probably should be "of".
SUBCHAPTER LIX–D—CHANNEL ISLANDS NATIONAL PARK
§410ff. Establishment
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.
(
Section Referred to in Other Sections
This section is referred to in
§410ff–1. Acquisition of property
(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
(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
(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.
(
References in Text
This subchapter, referred to in subsec. (b), was in the original "this Act", meaning
§410ff–2. Natural resources study reports to Congress; cooperative agreements for enforcement of laws and regulations on State-owned land
(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.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410ff–3. Administration
(a) Authority of Secretary of the Interior; low-intensity, limited-entry basis for administration
Subject to the provisions of
(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
(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.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410ff–4. Federal or federally assisted undertakings with respect to lands and waters within, adjacent to, or related to park
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 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.
(
§410ff–5. Designation of wilderness areas
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.
(
§410ff–6. Entrance or admission fees prohibited
Notwithstanding any other provision of law, no fees shall be charged for entrance or admission to the park.
(
§410ff–7. Expenditure of Federal funds for research, resources management, and visitor protection and use on private property; transfer of funds; authorization of appropriations
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.
(
SUBCHAPTER LIX–E—BISCAYNE NATIONAL PARK
§410gg. Establishment; description of boundary; minor boundary revisions; publication in Federal Register
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 Natural Resources 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.
(
Amendments
1994—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410gg–1. Acquisition of property
(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.
(
References in Text
The effective date of this subchapter, referred to in subsec. (b), probably means the date of enactment of
§410gg–2. Administration; fishing; abolition of Biscayne National Monument; monument incorporated within and made part of park; monument funds and appropriations available for park
(a) The Secretary shall preserve and administer the park in accordance with the provisions of
(b) The Biscayne National Monument, as authorized by the Act of October 18, 1968 (
(
References in Text
The effective date of this subchapter, referred to in subsec. (a), probably means the date of enactment of
Act of October 18, 1968, referred to in subsec. (b), is
§410gg–3. Report as to suitability for designation as wilderness area; compliance with procedure for such designation
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).
(
References in Text
The effective date of this subchapter, referred to in text, probably means the date of enactment of
§410gg–4. Revised comprehensive general management plan; submission to Congressional committees
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
(
References in Text
The effective date of this subchapter, referred to in text, probably means the date of enactment of
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410gg–5. Authorization of appropriations; entrance or admission fees prohibition
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.
(
Authorizations Effective October 1, 1980; Contractual, Obligatory, and Payment Authority Provided in Appropriations
Section 401 of
SUBCHAPTER LIX–F—ALASKAN NATIONAL PARKS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§410hh. Establishment of new areas
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
(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
(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
(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 [
(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 subsistence 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
(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
(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
(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 [
(B) any village deficiency withdrawal under section 11(a)(3)(A) of such Act [
(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 [
(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
(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.
(
References in Text
This Act, referred to in provision preceding par. (1) and par. (8)(b)(2), (3), is
That Act, referred to in par. (4)(d), meaning the National Environmental Policy Act of 1969, is
The Alaska Native Claims Settlement Act, referred to in par. (8)(b)(1)(A), (3), is
§410hh–1. Additions to existing areas
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
(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.
(
Amendments
1983—Subsec. (3)(a).
Effective Date of 1983 Amendment
Amendment by
Cross References
Establishment and boundaries of Denali National Park, see
Establishment of Glacier Bay National Monument and Katmai National Monument, see note set out under
§410hh–2. Administration; hunting and subsistence uses; admission fees
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
(
References in Text
This Act, referred to in text, is
Section Referred to in Other Sections
This section is referred to in
§410hh–3. Native selections
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 [
(
References in Text
The Alaska Native Claims Settlement Act, referred to in text, is
This Act, referred to in text, is
§410hh–4. Commercial fishing
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.
(
Cross References
Establishment of Cape Krusenstern National Monument, see note set out under
§410hh–5. Withdrawal of lands from mining and mineral leasing
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.
(
References in Text
This Act, referred to in text, is
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
SUBCHAPTER LIX–G—CHACO CULTURE NATIONAL HISTORICAL PARK
§410ii. Findings and purpose
(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.
(
§410ii–1. Establishment
(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:
(
Section Referred to in Other Sections
This section is referred to in
§410ii–2. Chaco Culture Archeological Protection Sites; additions and deletions
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
(
§410ii–3. Acquisition of properties
(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
(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
(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
(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 [
(
References in Text
The Federal Land Policy and Management Act of 1976, referred to in subsec. (e), is
1 So in original. Probably should be "or".
§410ii–4. Cooperative agreements for the protection, preservation, and maintenance of archeological resources
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.
(
Section Referred to in Other Sections
This section is referred to in
§410ii–5. Administration
(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
(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
(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
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410ii–6. Research and data gathering
(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.
(
References in Text
The effective date of this section, referred to in subsec. (a), probably means the date of enactment of
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410ii–7. Authorization of appropriation
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.
(
SUBCHAPTER LIX–H—KALAUPAPA NATIONAL HISTORICAL PARK
§410jj. Establishment
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").
(
§410jj–1. Purposes
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.
(
§410jj–2. Boundaries; revisions of boundary; publication in Federal Register
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.
(
§410jj–3. Acquisition of lands and interests
(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.
(
References in Text
Subsection (c) of section 460l–22, referred to in subsec. (a), was redesignated subsection (d) and a new subsection (c) was added by
The Hawaiian Homes Commission Act of 1920, referred to in subsec. (a), probably means the Hawaiian Homes Commission Act, 1920, act July 9, 1921, ch. 42,
Amendments
1987—Subsec. (a).
1 So in original. Probably should be "section".
2 See References in Text note below.
§410jj–4. Administration
(a) Laws governing
The Secretary shall administer the park in accordance with the provisions of
(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.
(
References in Text
This Act, referred to in subsecs. (a) and (b)(3), is
§410jj–5. Special needs of leprosy patients residing in Kalaupapa settlement; specific provisions
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.
(
§410jj–6. Additional needs of leprosy patients and Native Hawaiians for employment and training; specific provisions
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).
(
References in Text
The Federal civil service laws, referred to in par. (1), are classified generally to
§410jj–7. Advisory Commission
(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.
(
References in Text
This Act, referred to in subsec. (c), is
§410jj–8. Reevaluation of management, etc., policies
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.
(
§410jj–9. Authorization of appropriations
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.
(
SUBCHAPTER LIX–I—LYNDON B. JOHNSON NATIONAL HISTORICAL PARK
§410kk. Establishment
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.
(
Amendments
1980—
§410kk–1. Administration
The Secretary shall administer the Lyndon B. Johnson National Historical Park in accordance with the provisions of
(
Amendments
1980—
§410kk–2. Authorization of appropriations
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.
(
Amendments
1980—
SUBCHAPTER LIX–J—WOMEN'S RIGHTS NATIONAL HISTORICAL PARK
§410ll. Establishment
(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
(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.
(
References in Text
The effective date of this section, referred to in subsec. (h)(5), probably means the date of enactment of
Amendments
1988—Subsec. (i).
1984—Subsec. (c)(8).
Subsec. (d).
General Management Plans; Submittal to Congressional Committees
Section 501 of
SUBCHAPTER LIX–K—GREAT BASIN NATIONAL PARK
§410mm. Establishment
(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 (
(2) Any funds available for purposes of the national monument shall be available for purposes of the park.
(
References in Text
Act of June 8, 1906, referred to in subsec. (d)(1), is act June 8, 1906, ch. 3060,
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Short Title
Section 1 of
Section Referred to in Other Sections
This section is referred to in
§410mm–1. Administration
(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
(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 [
(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
(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.
(
References in Text
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
The Geothermal Steam Act of 1970, as amended, referred to in subsec. (d), is
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410mm–2. Acquisition of land
(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.
(
§410mm–3. Authorization of appropriations
(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.
(
SUBCHAPTER LIX–L—SAN FRANCISCO MARITIME NATIONAL HISTORICAL PARK
§410nn . Establishment
(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 Natural Resources 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
(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.
(
References in Text
This subchapter, referred to in subsecs. (a) and (b), was in the original "this Act", meaning
Amendments
1994—Subsec. (b).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Short Title
Section 1 of
§410nn–1 . Administration
(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
(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
(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
(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.
(
References in Text
The National Historic Preservation Act, referred to in subsec. (a), is
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should not be capitalized.
§410nn–2 . Acquisition of property
(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 Natural Resources 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)
(
Amendments
1994—Subsec. (d)(1).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410nn–3 . Advisory Commission
(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
(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;
(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.
(
References in Text
The Federal Advisory Committee Act, referred to in subsecs. (d) and (e), is
§410nn–4 . Authorization of appropriations
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.
(
SUBCHAPTER LIX–M—NATCHEZ NATIONAL HISTORICAL PARK
§410oo . Purposes
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.
(
§410oo–1 . Establishment
(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
(
Amendments
1990—Subsec. (b)(3).
Section Referred to in Other Sections
This section is referred to in
§410oo–2 . Acquisition of property
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
(
Amendments
1990—
§410oo–3 . Administration
(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
(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
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410oo–4 . Natchez Trace study
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.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410oo–5 . Advisory Commission
(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;
(
References in Text
Section 14(b) of the Federal Advisory Committee Act, referred to in subsec. (e), is section 14(b) of
Termination of Advisory Commissions
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
§410oo–6 . Authorization of appropriations
There are hereby authorized to be appropriated not to exceed $12,000,000 to carry out this subchapter.
(
SUBCHAPTER LIX–N—ZUNI-CIBOLA NATIONAL HISTORICAL PARK
§410pp . Establishment
(a) In general
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
(b) Effective date
This section shall take effect on the date of publication by the Secretary, pursuant to
(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
(
Termination of Section
Section terminated pursuant to subsection (c), and park was not established, because a leasehold agreement with the Zuni Tribe was not reached within the mandated time period.
References in Text
This subchapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
1990—Subsec. (c).
Short Title
Section 1 of
Section Referred to in Other Sections
This section is referred to in
§410pp–1 . Acquisition of leasehold
(a) Authority of Secretary
If, no later than 5½ 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
(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 Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources and the 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 Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources and 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.
(
Amendments
1994—Subsecs. (c), (d).
1990—Subsec. (a).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§410pp–2 . Management
(a) Purposes
(1) The Secretary, acting through the Director of the National Park Service, and in consultation with the Advisory Commission established pursuant to
(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
(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
(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.
(
Section Referred to in Other Sections
This section is referred to in
§410pp–3 . Federal consistency
(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
(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
(c) Limitation
The provisions of this section shall apply only with respect to activities begun and licenses or permits issued after October 31, 1988.
(
§410pp–4 . Zuni-Cibola Advisory Commission
(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
(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
(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
(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.
(
References in Text
The General Schedule, referred to in subsec. (a)(2), (3), is set out under
The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (a)(3), are classified generally to
The Federal Advisory Committee Act, referred to in subsecs. (e) and (f), is
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be capitalized.
§410pp–5. Park plan
(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 Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources and the 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
(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
(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.
(
References in Text
The Archeological Resources Protection Act of 1979, referred to in subsec. (b)(3), probably means the Archaeological Resources Protection Act of 1979,
The National Historic Preservation Act, referred to in subsec. (b)(3), is
Amendments
1994—Subsec. (a).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§410pp–6. Cultural and religious uses
In furtherance of the American Indian Religious Freedom Act [
(
Amendments
1994—Subsec. (a).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§410pp–7. Definitions
As used in this subchapter—
(1) the term "Advisory Commission" means the Zuni-Cibola National Historical Park Advisory Commission established under
(2) the term "park" means lands constituting a Zuni-Cibola National Historical Park established under
(3) the term "park plan" means the general management plan developed pursuant to
(4) the term "Secretary" means the Secretary of the Interior.
(
§410pp–8. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for the purposes of this subchapter.
(
SUBCHAPTER LIX–O—NATIONAL PARK OF AMERICAN SAMOA
§410qq. Findings and purpose
(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.
(
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "atmosphere".
§410qq–1. Establishment
(a) In general
In order to carry out the purposes expressed in
(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
(c) Management by American Samoa
Notwithstanding
(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.
(
1 So in original. Probably should be "exceed".
§410qq–2. Administration
(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
(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
(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;
(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.
(
References in Text
The civil service laws, referred to in subsec. (d), are set forth in Title 5, Government Organization and Employees. See, particularly,
Section 14(b) of the Federal Advisory Committee Act, referred to in subsec. (g)(4), is section 14(b) of
Termination of Advisory Boards
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
Section Referred to in Other Sections
This section is referred to in
§410qq–3. "Native American Samoan" defined
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.
(
§410qq–4. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(
SUBCHAPTER LIX–P—PECOS NATIONAL HISTORICAL PARK
Subchapter Referred to in Other Sections
This subchapter is referred to in
§410rr. Purpose
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.
(
Short Title of 1990 Amendment
§410rr–1. Establishment
(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
(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 (
(
References in Text
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
§410rr–2. Acquisition of lands, waters, and interests in lands and waters
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.
(
References in Text
This Act, referred to in text, is
§410rr–3. Administration
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
(
§410rr–4. Management plan
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 Natural Resources 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.
(
Amendments
1994—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410rr–5. Study of possible inclusion of additional sites and ruins
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.
(
§410rr–6. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(
§410rr–7. Glorieta Unit of Pecos National Historical Park
(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
(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.
(
References in Text
This section, referred to in subsecs. (a), (b), (d), and (f), was in the original "this Act", meaning
Codification
Section was enacted as part of the Pecos National Historical Park Expansion Act of 1990, and not as part of title II of
Findings and Purpose
Section 2 of
"(a)
"(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)
SUBCHAPTER LIX–Q—TUMACACORI NATIONAL HISTORICAL PARK
§410ss. Establishment
(a) In general
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.
(
§410ss–1. Administration
(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
(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.
(
SUBCHAPTER LIX–R—SALT RIVER BAY NATIONAL HISTORICAL PARK AND ECOLOGICAL PRESERVE AT ST. CROIX, VIRGIN ISLANDS
§410tt. Findings
The Congress finds that the Salt River Bay area of the north central coast of St. Croix, United States Virgin Islands—
(1) has been inhabited, possibly as far back as 2000 B.C., and encompasses all major cultural periods in the United States Virgin Islands;
(2) contains the only ceremonial ball court ever discovered in the Lesser Antilles, village middens, and burial grounds which can provide evidence for the interpretation of Caribbean life prior to Columbus;
(3) is the only known site where members of the Columbus expeditions set foot on what is now United States territory;
(4) was a focal point of various European attempts to colonize the area during the post-Columbian period and contains sites of Spanish, French, Dutch, English, and Danish settlements, including Fort Sale, one of the few remaining earthwork fortifications in the Western Hemisphere;
(5) presents an outstanding opportunity to preserve and interpret Caribbean history and culture, including the impact of European exploration and settlement;
(6) has been a national natural landmark since February 1980 and has been nominated for acquisition as a nationally significant wildlife habitat;
(7) contains the largest remaining mangrove forest in the United States Virgin Islands and a variety of tropical marine and terrestrial ecosystems which should be preserved and kept unimpaired for the benefit of present and future generations; and
(8) is worthy of a comprehensive preservation effort that should be carried out in partnership between the Federal Government and the Government of the United States Virgin Islands.
(
Short Title
Section 1 of
Section 101 of title I of
§410tt–1. Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands
(a) Establishment
In order to preserve, protect, and interpret for the benefit of present and future generations certain nationally significant historical, cultural, and natural sites and resources in the Virgin Islands, there is established the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands (hereafter in this subchapter referred to as the "park").
(b) Area included
The park shall consist of approximately 912 acres of land, waters, submerged lands, and interests therein within the area generally depicted on the map entitled "Salt River Study Area—Alternative 'C' " in the "Alternatives Study and Environmental Assessment for the Columbus Landing Site, St. Croix, U.S. Virgin Islands", prepared by the National Park Service and dated June 1990. 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 Offices of the Lieutenant Governor of St. Thomas and St. Croix, Virgin Islands.
(
References in Text
This subchapter, referred to in subsec. (a), was in the original "this Act" and was translated as reading "this title", meaning title I of
§410tt–2. Acquisition of land
(a) General authority
The Secretary of the Interior (hereafter in this subchapter referred to as 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. Nothing in this section shall be construed to prohibit the Government of the United States Virgin Islands from acquiring land or interest in land within the boundaries of the park.
(b) Limitations on authority
Lands, and interests in lands, within the boundaries of the park which are owned by the United States Virgin Islands, or any political subdivision thereof, may be acquired only by donation or exchange. No lands, or interests therein, containing dwellings lying within the park boundary as of July 1, 1991, may be acquired without the consent of the owner, unless the Secretary determines, after consultation with the Government of the United States Virgin Islands, that the land is being developed or proposed to be developed in a manner which is detrimental to the natural, scenic, historic, and other values for which the park was established.
(
§410tt–3. Administration
(a) In general
The park shall be administered in accordance with this subchapter and with the provisions of law generally applicable to units of the national park system, including, but not limited to,
(b) Cooperative agreements
The Secretary, after consulting with the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Commission (hereafter in this subchapter referred to as the "Commission") established by
(c) General management plan
(1) Not later than 3 years after the date funds are made available for this subsection, the Secretary, in consultation with the Commission, and with public involvement, shall develop and submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives a general management plan for the park. The general management plan shall describe the appropriate protection, management, uses, and development of the park consistent with the purposes of this subchapter.
(2) The general management plan shall include, but not be limited to, the following:
(A) Plans for implementation of a continuing program of interpretation and visitor education about the resources and values of the park.
(B) Proposals for visitor use facilities to be developed for the park.
(C) Plans for management of the natural and cultural resources of the park, with particular emphasis on the preservation of both the cultural and natural resources and long-term scientific study of terrestrial, marine, and archeological resources, giving high priority to the enforcement of the provisions of the Archeological Resources Protection Act of 1979 (
(D) Proposals for assessing the potential operation and supply of park concessions by qualified Virgin Islands-owned businesses.
(E) Plans for the training of personnel in accordance with subsection (e) 1 of this section.
(d) Training assistance
During the 10-year period beginning on February 24, 1992, the Secretary shall, subject to appropriations, provide the funds for the employees of the Government of the United States Virgin Islands directly engaged in the joint management of the park and shall implement, in consultation with the Government of the United States Virgin Islands, a program under which Virgin Islands citizens may be trained in all phases of park operations and management: Provided, however, That in no event shall the Secretary provide more than 50 percent of the funding for such purposes. A primary objective of the program shall be to train employees in the skills necessary for operating and managing a Virgin Islands Territorial Park System.
(
References in Text
This subchapter, referred to in subsec. (a) after "the provisions of" in two places and in subsec. (b), was in the original "this Act" and was translated as reading "this title", meaning title I of
The Archaeological Resources Protection Act of 1979, referred to in subsec. (c)(2)(C), is
The National Historic Preservation Act, referred to in subsec. (c)(2)(C), is
Amendments
1994—Subsec. (c)(1).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be subsection "(d)".
§410tt–4. Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Commission
(a) Establishment
There is established a commission to be known as the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Commission.
(b) Duties
The Commission shall—
(1) make recommendations on how all lands and waters within the boundaries of the park can be jointly managed by the governments of the United States Virgin Islands and the United States in accordance with this subchapter;
(2) consult with the Secretary on the development of the general management plan required by
(3) provide advice and recommendations to the Government of the United States Virgin Islands, upon request of the Government of the United States Virgin Islands.
(c) Membership
The Commission shall be composed of 10 members, as follows:
(1) The Governor of the United States Virgin Islands, or the designee of the Governor.
(2) The Secretary, or the designee of the Secretary.
(3) Four members appointed by the Secretary.
(4) Four members appointed by the Secretary from a list provided by the Governor of the United States Virgin Islands, at least one of whom shall be a member of the Legislature of the United States Virgin Islands.
Initial appointments made under this subsection shall be made within 120 days after February 24, 1992, except that the appointments made under paragraph (4) shall be made within 120 days after the date on which the Secretary receives such list.
(d) Terms
The members appointed under paragraphs (3) and (4) shall be appointed for terms of 4 years. A member of the Commission appointed for a definite term may serve after the expiration of the member's term until a successor is appointed. A vacancy in the Commission shall be filled in the same manner in which the original appointment was made and shall be filled within 60 days after the expiration of the term.
(e) Chair
The Chair of the Commission shall alternate annually between the Secretary and the Governor of the United States Virgin Islands. All 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.
(f) Meetings
The Commission shall meet on a regular basis or at the call of the Chair. Notice of meetings and agenda shall be published in the Federal Register and local newspapers having a distribution that generally covers the United States Virgin Islands. Commission meetings shall be held at locations and in such a manner as to ensure adequate public involvement.
(g) Expenses
Members of the Commission shall serve without compensation as such, but the Secretary may pay each member of the Commission travel expenses, including per diem in lieu of subsistence, in accordance with
(h) Federal Advisory Committee Act
Except with respect to the provisions of section 14(b) of the Federal Advisory Committee Act, and except as otherwise provided in this subchapter, the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Commission.
(i) Termination
The Commission shall terminate 10 years after February 24, 1992, unless the Secretary determines that it is necessary to continue consulting with the Commission in carrying out the purposes of this subchapter.
(
References in Text
The Federal Advisory Committee Act, referred to in subsec. (h), is
Section Referred to in Other Sections
This section is referred to in
§410tt–5. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(
SUBCHAPTER LIX–S—HOPEWELL CULTURE NATIONAL HISTORICAL PARK
§410uu. Renaming
The Mound City Group National Monument established by proclamation of the President (Proclamation No. 1653,
(
References in Text
Proclamation No. 1653,
§410uu–1. Expansion of boundaries
(a) In general
The boundaries of the Hopewell Culture National Historical Park (referred to as the "park") are revised to include the lands within the areas marked for inclusion in the monument as generally depicted on—
(1) the map entitled "Hopeton Earthworks" numbered 353–80025 and dated July 1987;
(2) the map entitled "High Banks Works" numbered 353–80027 and dated July 1987;
(3) the map entitled "Hopewell Mound Group" numbered 353–80029 and dated July 1987; and
(4) the map entitled "Seip Earthworks" numbered 353–80033 and dated July 1987.
(b) Public inspection of maps
Each map described in subsection (a) of 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.
(c) Adjustment of boundaries
The Secretary of the Interior (referred to as the "Secretary") may, by notice in the Federal Register after receipt of public comment, make minor adjustments in the boundaries of areas added to the park by subsection (a) of this section and other areas of the park: Provided, That any such minor boundary adjustments cumulatively shall not cause the total acreage of the park to increase more than 10 per centum above the existing acreage of Mound City Group National Monument, plus the acreage of the inclusions authorized under subsection (a) of this section.
(d) Acquisition of lands
(1) Subject to paragraph (2), the Secretary may acquire lands and interests in land within the areas added to the park by subsection (a) of this section by donation, purchase with donated or appropriated funds, or exchange.
(2)(A) Lands and interests in land owned by the State of Ohio or a political subdivision thereof may be acquired only by donation or exchange.
(B) Lands and interests in land may be acquired by purchase at a price based on the fair market value thereof as determined by independent appraisal, consistent with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (
(
References in Text
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (d)(2)(B), is
Section Referred to in Other Sections
This section is referred to in
§410uu–2. Cooperative agreements
The Secretary may enter into a cooperative agreement with the Ohio Historical Society, the Archeological Conservancy, and other public and private entities for consultation and assistance in the interpretation and management of the park.
(
§410uu–3. Studies
(a) Areas added by this subchapter
The Secretary shall conduct archeological studies of the areas added to the park by
(b) Other areas
The Secretary shall conduct archeological studies of the areas described as the "Spruce Hill Works", the "Harness Group", and the "Cedar Bank Works", and may conduct archeological studies of other areas significant to Hopewellian culture, to evaluate the desirability of adding them to the park, and shall report to Congress on any such areas that are recommended for addition to the park.
(
§410uu–4. Authorization of appropriations
There are authorized to be appropriated such sums as are necessary for the acquisition of lands and interests in land within the park, the conduct of archeological studies on lands within and adjacent to the park, and the development of facilities for interpretation of the park.
(
SUBCHAPTER LIX–T—MARSH-BILLINGS NATIONAL HISTORICAL PARK
§410vv. Purposes
The purposes of this subchapter are—
(1) to interpret the history and evolution of conservation stewardship in America;
(2) to recognize and interpret the contributions and birthplace of George Perkins Marsh, pioneering environmentalist, author of Man and Nature, statesman, lawyer, and linguist;
(3) to recognize and interpret the contributions of Frederick Billings, conservationist, pioneer in reforestation and scientific farm management, lawyer, philanthropist, and railroad builder, who extended the principles of land management introduced by Marsh;
(4) to preserve the Marsh-Billings Mansion and its surrounding lands; and
(5) to recognize the significant contributions of Julia Billings, Mary Billings French, Mary French Rockefeller, and Laurance Spelman Rockefeller in perpetuating the Marsh-Billings heritage.
(
Short Title
Section 1 of
§410vv–1. Establishment
(a) In general
There is established as a unit of the National Park System the Marsh-Billings National Historical Park in Windsor County, Vermont (hereinafter in this subchapter referred to as the "park").
(b) Boundaries and map
(1) The park shall consist of a historic zone, including the Marsh-Billings Mansion, surrounding buildings and a portion of the area known as "Mt. Tom", comprising approximately 555 acres, and a protection zone, including the areas presently occupied by the Billings Farm and Museum, comprising approximately 88 acres, all as generally depicted on the map entitled "Marsh-Billings National Historical Park Boundary Map" and dated November 19, 1991.
(2) The map referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.
(
§410vv–2. Administration
(a) In general
The Secretary of the Interior (hereinafter in this subchapter referred to as the "Secretary") shall administer the park in accordance with this subchapter, and laws generally applicable to units of the National Park System, including, but not limited to
(b) Acquisition of lands
(1) Except as provided in paragraph (2), the Secretary is authorized to acquire lands or interests therein within the park only by donation.
(2) If the Secretary determines that lands within the protection zone are being used, or there is an imminent threat that such lands will be used, for a purpose that is incompatible with the purposes of this subchapter, the Secretary may acquire such lands or interests therein by means other than donation.
(3) The Secretary may acquire lands within the historic zone subject to terms and easements providing for the management and commercial operation of existing hiking and cross-country ski trails by the grantor, and the grantor's successors and assigns, such terms and easements shall be in a manner consistent with the purposes of the historic zone. Any changes in the operation and management of existing trails shall be subject to approval by the Secretary.
(c) Historic zone
The primary purposes of the historic zone shall be preservation, education, and interpretation.
(d) Protection zone
(1) The primary purpose of the protection zone shall be to preserve the general character of the setting across from the Marsh-Billings Mansion in such a manner and by such means as will continue to permit current and future compatible uses.
(2) The Secretary shall pursue protection and preservation alternatives for the protection zone by working with affected State and local governments and affected landowners to develop and implement land use practices consistent with this subchapter.
(
§410vv–3. Marsh-Billings National Historical Park Scenic Zone
(a) In general
There is established the Marsh-Billings National Historical Park Scenic Zone (hereinafter in this subchapter referred to as the "scenic zone"), which shall include those lands as generally depicted on the map entitled "Marsh-Billings National Historical Park Scenic Zone Map" and dated November 19, 1991.
(b) Purpose
The purpose of the scenic zone shall be to protect portions of the natural setting beyond the park boundaries that are visible from the Marsh-Billings Mansion, by such means and in such a manner as will permit current and future compatible uses.
(c) Acquisition of scenic easements
Within the boundaries of the scenic zone, the Secretary is authorized only to acquire scenic easements by donation.
(
§410vv–4. Cooperative agreements
(a) In general
The Secretary may enter into cooperative agreements with such persons or entities as the Secretary determines to be appropriate for the preservation, interpretation, management, and providing of educational and recreational uses for the properties in the park and the scenic zone.
(b) Facilities
The Secretary, through cooperative agreements with owners or operators of land and facilities in the protection zone, may provide for facilities in the protection zone to support activities within the historic zone.
(
§410vv–5. Endowment
(a) In general
In accordance with the provisions of subsection (b) of this section, the Secretary is authorized to receive and expend funds from an endowment to be established with the Woodstock Foundation, or its successors and assigns.
(b) Conditions
(1) Funds from the endowment referred to in subsection (a) of this section shall be expended exclusively as the Woodstock Foundation, or its successors and assigns, in consultation with the Secretary, may designate for the preservation and maintenance of the Marsh-Billings Mansion and its immediate surrounding property.
(2) No expenditure shall be made pursuant to this section unless the Secretary determines that such expenditure is consistent with the purposes of this subchapter.
(
§410vv–6. Reservation of use and occupancy
In acquiring land within the historic zone, the Secretary may permit an owner of improved residential property within the boundaries of the historic zone to retain a right of use and occupancy of such property for noncommercial residential purposes for a term not to exceed 25 years or a term ending at the death of the owner, or the owner's spouse, whichever occurs last. The owner shall elect the term to be reserved.
(
§410vv–7. General management plan
Not later than 3 complete fiscal years after August 26, 1992, the Secretary shall develop and transmit a general management plan for the park to the Committee on Natural Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate.
(
Amendments
1994—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410vv–8. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(
SUBCHAPTER LIX–U—DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK
Part A—Dayton Aviation Heritage National Historical Park
§410ww. Establishment
(a) In general
There is established, as a unit of the National Park System in the State of Ohio, the Dayton Aviation Heritage National Historical Park (hereinafter in this subchapter referred to as the "park").
(b) Area included
The park shall consist of the following sites, as generally depicted on a map entitled "Proposed Dayton Aviation Heritage National Historical Park", numbered NHP–DAH 80,000, and dated February 1992:
(1) A core parcel in Dayton, Ohio, which shall consist of the Wright Cycle Company Building, Hoover Block, and lands between.
(2) Huffman Prairie Flying Field, Wright-Patterson Air Force Base, Ohio.
(3) The Wright 1905 Flyer and Wright Hall, Dayton, Ohio.
(4) The Paul Laurence Dunbar home, Dayton, Ohio.
(
Short Title
Section 1 of
Purposes
Section 2 of
"(1) to establish a unit of the National Park System in Dayton, Ohio, consisting of certain lands and structures associated with Wilbur and Orville Wright and the early development of aviation; and
"(2) to create partnerships among Federal, State, and local governments and the private sector to preserve, enhance, and interpret for present and future generations the historic and cultural structures, districts, and artifacts in Dayton and the Miami Valley in the State of Ohio, which are associated with the Wright brothers, the invention and development of aviation, or the life and works of Paul Laurence Dunbar, and which, as a whole, represent a nationally significant resource."
Section Referred to in Other Sections
This section is referred to in
§410ww–1. Protection of historic properties
(a) Acquisition of properties within park
Within the boundaries of the park the Secretary shall, subject to the availability of appropriated funds, acquire the Wright Cycle Company Building and Hoover Block, and may acquire other properties, or interests therein, referred to in
(b) Cooperative agreements
The Secretary is authorized to enter into cooperative agreements with other Federal agencies, State and local public bodies, and private interests and organizations relating to the preservation, development, use, and interpretation of properties within the boundaries of the park in order to contribute to the appropriate use and management of such properties consistent with the purposes of this subchapter. Such agreements shall provide, whenever appropriate, that—
(1) the public may have access to any such property at specified reasonable times for purposes of viewing such property or the exhibits or attending programs established by the Secretary under this subsection; and
(2) the Secretary may make such improvements to any such property as the Secretary deems necessary after consultation with the Commission to enhance the public use and enjoyment of such property and programs.
(
Section Referred to in Other Sections
This section is referred to in
§410ww–2. Park general management plan
(a) In general
Not later than 3 complete fiscal years after October 16, 1992, the Secretary, with the advice of the Commission, shall prepare and submit to the Congress a general management plan for the park which includes but is not limited to the information described in
(b) Park partnerships
The management plan shall identify partnership opportunities between the Secretary and other Federal, State, and local governments and the private sector for the development, use, and interpretation of properties within the park.
(
Section Referred to in Other Sections
This section is referred to in
§410ww–3. Studies
The Secretary shall study the following properties to determine the feasibility and suitability of including them within the park:
(1) Properties within the Wright-Dunbar Historic District.
(2) Wright Company Factory, Dayton, Ohio. A report of the study of such properties shall be submitted as part of the general management plan required by
(
§410ww–4. Administration
(a) In general
The park shall be administered in accordance with this subchapter and with the provisions of law generally applicable to units of the National Park System, including, but not limited to,
(b) Donations
The Secretary may accept donations of funds, property, or services from individuals, foundations, corporations, and other private entities, and from public entities, for the purposes of managing the park.
(c) Programs
The Secretary may sponsor, coordinate, or enter into cooperative agreements for educational or cultural programs related to the park as the Secretary considers appropriate to carry out the purposes of this subchapter.
(d) Identification and marking of significant historical sites
The Secretary may identify other significant sites related to the Wright brothers, the history of aviation, or Paul Laurence Dunbar in the Miami Valley which are related to the park, and, with the consent of the owner or owners thereof, may mark the sites appropriately and make reference to them in any interpretive literature. The Secretary may provide interpretive markers along transportation routes leading to units of the park.
(e) Interpretation of Huffman Prairie Flying Field
The Secretary may provide interpretation of Huffman Prairie Flying Field on Wright Brothers Hill, Wright-Patterson Air Force Base, Ohio.
(
§410ww–5. Cooperation of Federal agencies
Any Federal entity conducting or supporting activities directly affecting the park shall—
(1) consult with, cooperate with, and to the maximum extent practicable, coordinate its activities with the Secretary; 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
(B) to the maximum extent practicable will not have an adverse effect on the historic resources of the park.
(
§410ww–6. Coordination between Secretary and Secretary of Defense
The decisions concerning the execution of this subchapter as it applies to properties under control of the Secretary of Defense shall be made by such Secretary, in consultation with the Secretary of 1 Interior.
(
1 So in original. Probably should be "of the".
§410ww–7. Assistance
(a) Technical and preservation assistance
The Secretary may provide to any owner of property within the park, and to any organization having an agreement with the Secretary under
(b) Interpretative materials
The Secretary is authorized to publish interpretative materials for historic aviation resources in the Miami Valley.
(
§410ww–8. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this part: Provided, That the amount to be appropriated for the operation, development or restoration of non-federally owned properties within the boundaries of the park shall not exceed $200,000.
(
Part B—Dayton Aviation Heritage Commission
§410ww–21. Dayton Aviation Heritage Commission
(a) Establishment
There is established the Dayton Aviation Heritage Commission to assist Federal, State, and local authorities and the private sector in preserving and managing the historic resources in the Miami Valley, Ohio, associated with the Wright brothers, aviation, or Paul Laurence Dunbar.
(b) Membership
The Commission shall consist of 13 members as follows:
(1) 3 members appointed by the Secretary, who shall have demonstrated expertise in aviation history, black history and literature, aviation technology, or historic preservation, at least one of whom shall represent the National Park Service.
(2) 3 members appointed by the Secretary from recommendations submitted by the Governor of the State of Ohio, who shall have demonstrated expertise in aviation history, black history and literature, aviation technology, or historic preservation, at least one of whom shall represent the Ohio Historical Society.
(3) 1 member appointed by the Secretary of Defense, who shall represent Wright-Patterson Air Force Base.
(4) 3 members appointed by the Secretary from recommendations submitted by the City Commission of Dayton, Ohio, at least one of whom shall reside near the core parcel of the park (as described in
(5) 1 member appointed by the Secretary from recommendations submitted by the Board of Commissioners of Montgomery County, Ohio.
(6) 1 member appointed by the Secretary from recommendations submitted by the Board of Commissioners of Greene County, Ohio.
(7) 1 member appointed by the Secretary from recommendations submitted by the City Council of Fairborn, Ohio.
(c) Terms
(1) Members shall be appointed for terms of 3 years. A member may be reappointed only 3 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 4 times. A member may serve after the expiration of his term until a successor is appointed.
(2) The Secretary shall appoint the first members of the Commission within 30 days after the date on which the Secretary has received all of the recommendations for appointment pursuant to subsections 1 (b)(2), (4), (5), (6), and (7) of this section.
(d) Chair and vice chair
The chair and vice chair of the Commission shall be elected by the members of the Commission. The terms of the chair and vice chair shall be 2 years. The vice chair shall serve as chair in the absence of the chair.
(e) Vacancy
(1) Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made, except that the Secretary responsible for such appointment shall fill any such vacancy within 30 days after receiving a recommendation for the position.
(2) A member appointed to fill a vacancy shall serve for the remainder of the term for which his predecessor was appointed. A member may serve after the expiration of his term until his successor has taken office.
(f) Quorum
A majority of the members of the Commission then serving shall constitute a quorum, but a lesser number may hold hearings.
(g) Meetings
The Commission shall meet not less than 3 times a year at the call of the chair or a majority of its members.
(h) Pay
(1) Except as provided in paragraph (2), members of the Commission shall serve without pay.
(2) Members of the Commission who are full-time officers or employees of the United States shall receive no additional pay by reason 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
(i) FACA
Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(j) Termination
The Commission shall cease to exist on January 1, 2004.
(
References in Text
Section 14(b) of the Federal Advisory Committee Act, referred to in subsec. (i), is section 14(b) of
1 So in original. Probably should be "subsection".
§410ww–22. Dayton historic resources preservation and development plan
(a) In general
Within 2 years after the date on which the Commission conducts its first meeting, the Commission shall submit to the Secretary a preservation and development plan which may include the Wright-Dunbar Historic District, the Dunbar Historic District, the Ed Sines House and the Daniel Fitch House, and the 45 sites identified in Appendix A of the document entitled "Study of Alternatives Dayton's Aviation Heritage, Ohio" published by the National Park Service. Within 90 days after the receipt of such plan, the Secretary shall approve such plan or return it with comments to the Commission. If the Secretary has taken no action after 90 days upon receipt, the plan shall be considered approved. If the Secretary disapproves a plan, the Commission shall submit a revised plan to the Secretary. The plan shall include specific preservation and interpretation goals and a priority timetable for their achievement. The Secretary shall forward copies of the approved plan to the Congress.
(b) Contents of plan
The plan referred to in subsection (a) of this section shall—
(1) set detailed goals for the preservation, protection, enhancement, and utilization of the resources of sites referred to in subsection (a) of this section;
(2) identify properties which should be preserved, restored, developed, maintained, or acquired;
(3) include a tentative budget for the subsequent five fiscal years;
(4) propose a management strategy for a permanent organizational structure to enhance and coordinate such resources, and aviation-related properties, and institutions;
(5) recommend methods for establishing partnerships with Federal, State, and local governments and the private sector to foster development and to preserve and enhance such resources;
(6) propose transportation links, including pedestrian facilities and bicycle trails among historic aviation sites including an interurban between the Wright-Dunbar Historic District and the historic resources at Wright-Patterson Air Force Base;
(7) address the use of private vehicles, traffic patterns, parking, and public transportation;
(8) propose educational and cultural programs to encourage appreciation of such resources;
(9) establish standards and criteria applicable to the construction, preservation, restoration, alteration, and use of the properties among such resources;
(10) establish an index which shall contain documentary evidence of historical and cultural significance and which includes property in the Miami Valley associated with the Wright brothers, the history of aviation, or Paul Laurence Dunbar.
(c) Consultation
In developing the plan, the Commission shall consult with appropriate officials of any local government or Federal or State agency which has jurisdiction over historic aviation resources in the Miami Valley area. The Commission shall also consult with property owners and business, historic, professional, neighborhood, and citizen organizations affected by the actions proposed in the plan.
(
Section Referred to in Other Sections
This section is referred to in
§410ww–23. General powers of Commission
(a) Hearings
The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may deem advisable.
(b) Donations
Notwithstanding any other provision of law, the Commission may seek and accept donations of funds, property, or service from individuals, foundations, corporations, and other private entities and public entities for the purpose of carrying out its duties.
(c) Use of funds to obtain money
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.
(d) Mail
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.
(e) Uses of acquired assets
Any revenues or other assets acquired by the Commission by donations, the lease or sale of property, or fees for services shall be available to the Commission, without fiscal year limitations, to be used for any function of the Commission.
(f) Historical and cultural programs
The Commission is authorized to carry out historical, educational, or cultural programs which encourage or enhance appreciation of the historic resources in the Miami Valley associated with the Wright brothers, aviation, or the life and works of Paul Laurence Dunbar.
(g) Technical and preservation assistance
The Commission may provide technical and preservation assistance to owners of property within the districts, sites, and properties referred to in
(h) Obtaining property
(1) The Commission may obtain by purchase, rental, donation, or otherwise, such property, facilities, and services as may be needed to carry out its duties except that the Commission may not acquire any real property or interest in real property otherwise than under paragraph (2).
(2) Subject to paragraph (3), the Commission may acquire real property, or interests in real property, in the districts, sites, and properties referred to in
(A) by gift or devise; or
(B) by purchase from a willing seller with money which was given or bequeathed to the Commission on the condition that such money would be used to purchase real property, or interests in real property, in such district and sites.
(3) Any real property or interest in real property acquired by the Commission under paragraph (2) shall be conveyed by the Commission to an appropriate public agency, as determined by the Commission. Any such conveyance shall be made—
(A) as soon as practicable after such acquisition;
(B) without consideration; and
(C) on the condition that the real property or interest in real property so conveyed is used for public purposes.
(
§410ww–24. Staff of Commission
(a) Director
The Commission shall have a Director who shall be appointed by the Commission.
(b) Additional personnel
The Commission may appoint and fix the pay of such additional personnel as the Commission deems necessary. Such staff may include specialists in areas such as interpretation, historic preservation, black history and literature, aviation history and technology, and urban revitalization.
(c) Temporary services
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
(d) Detail
Upon request of the Commission, the head of any Federal agency represented by a member 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.
(e) Administrative support
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.
(f) State and local services
The Commission may accept the services of personnel detailed from the State or any political subdivision of the State and may reimburse the State or such political subdivision for such services.
(g) Inapplicability of certain provisions of title 5
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
(
References in Text
The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (g), are classified generally to
Grade GS–15 of the General Schedule, referred to in subsec. (g), is set out under
§410ww–25. Authorization of appropriations
There are authorized to be appropriated annually to the Commission to carry out its duties under this subchapter $350,000, except that the Federal contribution to the Commission shall not exceed 50 percent of the annual costs to the Commission in carrying out those duties.
(
SUBCHAPTER LIX–V—DRY TORTUGAS NATIONAL PARK
§410xx. Establishment
(a) In general
In order to preserve and protect for the education, inspiration, and enjoyment of present and future generations nationally significant natural, historic, scenic, marine, and scientific values in South Florida, there is hereby established the Dry Tortugas National Park (hereinafter in this subchapter referred to as the "park").
(b) Area included
The park shall consist of the lands, waters, and interests therein generally depicted on the map entitled "Boundary Map, Fort Jefferson National Monument", numbered 364–90,001, and dated April 1980 (which is the map referenced by section 201 of
(c) Abolition of monument
The Fort Jefferson National Monument is hereby abolished.
(
References in Text
This subchapter, referred to in subsec. (a), was in the original "this title", meaning title II of
Section 201 of
§410xx–1. Administration
(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
(b) Management purposes
The park shall be managed for the following purposes, among others:
(1) To protect and interpret a pristine subtropical marine ecosystem, including an intact coral reef community.
(2) To protect populations of fish and wildlife, including (but not limited to) loggerhead and green sea turtles, sooty terns, frigate birds, and numerous migratory bird species.
(3) To protect the pristine natural environment of the Dry Tortugas group of islands.
(4) To protect, stabilize, restore, and interpret Fort Jefferson, an outstanding example of nineteenth century masonry fortification.
(5) To preserve and protect submerged cultural resources.
(6) In a manner consistent with paragraphs (1) through (5), to provide opportunities for scientific research.
(
§410xx–2. Land acquisition and transfer of property
(a) In general
Within the boundaries of the park the Secretary may acquire lands and interests in land by donation or exchange. For the purposes of acquiring property by exchange with the State of Florida, the Secretary may, notwithstanding any other provision of law, exchange those Federal lands which were deleted from the park by the boundary modifications enacted by section 201 of the Act of June 28, 1980 (
(b) United States Coast Guard lands
When all or any substantial portion of lands under the administration of the United States Coast Guard located within the park boundaries, including Loggerhead Key, have been determined by the United States Coast Guard to be excess to its needs, such lands shall be transferred directly to the jurisdiction of the Secretary for the purposes of this subchapter. The United States Coast Guard may reserve the right in such transfer to maintain and utilize the existing lighthouse on Loggerhead Key in a manner consistent with the purposes of the United States Coast Guard and the purposes of this subchapter.
(c) Administrative site
The Secretary is authorized to lease or to acquire, by purchase, donation, or exchange, and to operate incidental administrative and support facilities in Key West, Florida, for park administration and to further the purposes of this subchapter.
(
References in Text
Section 201 of the Act of June 28, 1980 (
§410xx–3. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter. Any funds available for the purposes of the monument shall be available for the purposes of the park, and authorizations of funds for the monument shall be available for the park.
(
SUBCHAPTER LIX–W—KEWEENAW NATIONAL HISTORICAL PARK
§410yy. Findings and purposes
(a) Findings
The Congress finds that—
(1) The oldest and largest lava flow known on Earth is located on the Keweenaw Peninsula of Michigan. This volcanic activity produced the only place on Earth where large scale economically recoverable 97 percent pure native copper is found.
(2) The Keweenaw Peninsula is the only site in the country where prehistoric, aboriginal mining of copper occurred. Artifacts made from this copper by these ancient Indians were traded as far south as present day Alabama.
(3) Copper mining on the Keweenaw Peninsula pioneered deep shaft, hard rock mining, milling, and smelting techniques and advancements in related mining technologies later used throughout the world.
(4) Michigan Technological University, located in the copper district, was established in 1885 to supply the great demand for new technologies and trained engineers requested by the area's mining operations. Michigan Technological University possesses a wealth of both written and photographic historic documentation of the mining era in its archives.
(5) Michigan's copper country became a principal magnet to European immigrants during the mid-1800's and the cultural heritage of these varied nationalities is still preserved in this remarkable ethnic conglomerate.
(6) The corporate-sponsored community planning in Calumet, Michigan, as evidenced in the architecture, municipal design, surnames, foods, and traditions, and the large scale corporate paternalism was unprecedented in American industry and continues to express the heritage of the district.
(7) The entire picture of copper mining on Michigan's Keweenaw Peninsula is best represented by three components: the Village of Calumet, the former Calumet and Hecla Mining Company properties (including the Osceola #13 mine complex), and the former Quincy Mining Company properties. The Village of Calumet best represents the social, ethnic, and commercial themes. Extant Calumet and Hecla buildings best depict corporate paternalism and power, and the themes of extraction and processing are best represented by extant structures of the Quincy Mining Company.
(8) The Secretary of the Interior has designated two National Historic Landmark Districts in the proposed park area, the Calumet National Historic Landmark District and the Quincy Mining Company National Historic Landmark District.
(b) Purposes
The purposes of this subchapter are—
(1) to preserve the nationally significant historical and cultural sites, structures, and districts of a portion of the Keweenaw Peninsula in the State of Michigan for the education, benefit, and inspiration of present and future generations; and
(2) to interpret the historic synergism between the geological, aboriginal, sociological, cultural technological, and corporate forces that relate the story of copper on the Keweenaw Peninsula.
(
§410yy–1. Definitions
As used in this subchapter, the term—
(1) "Commission" means the Keweenaw Historic Preservation Advisory Commission established by
(2) "park" means the Keweenaw National Historical Park established by
(3) "Secretary" means the Secretary of the Interior.
(
§410yy–2. Establishment
(a) In general; administration
(1) There is hereby established as a unit of the National Park System the Keweenaw National Historical Park in and near Calumet and Hancock, Michigan.
(2) The Secretary shall administer the park in accordance with the provisions of this subchapter, and the provisions of law generally applicable to units of the National Park System, including
(b) Boundaries and map
(1) The boundaries of the park shall be as generally depicted on the map entitled "Keweenaw National Historical Park, Michigan", numbered NHP–KP/20012–B and dated June, 1992. Such map shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior, Washington, District of Columbia, and the office of the village council, Calumet, Michigan.
(2) Within 180 days after October 27, 1992, the Secretary shall publish in the Federal Register a detailed description and map of the boundaries established under paragraph 1 (a)(1) of this section.
(
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "subsection".
§410yy–3. Acquisition of property
(a) In general
Subject to subsections (b) and (c) of this section, the Secretary is authorized to acquire lands, or interests therein, within the boundaries of the park by donation, purchase with donated or appropriated funds, exchange, or transfer.
(b) State property
Property owned by the State of Michigan or any political subdivision of the State may be acquired only by donation.
(c) Consent
No lands or interests therein within the boundaries of the park may be acquired without the consent of the owner, unless the Secretary determines that the land is being developed, or is proposed to be developed in a manner which is detrimental to the natural, scenic, historic, and other values for which the park is established.
(d) Hazardous substances
The Secretary shall not acquire any lands pursuant to this subchapter 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 (
(
References in Text
The Comprehensive Environmental Response, Compensation and Liability Act, referred to in subsec. (d), probably means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
§410yy–4. Cooperation by Federal agencies
(a) 1 Any Federal entity conducting or supporting activities directly affecting the park shall—
(1) consult, cooperate, and, to the maximum extent practicable, coordinate its activities with the Secretary and the Commission;
(2) conduct or support such activities in a manner that—
(A) to the maximum extent practicable, is consistent with the standards and criteria established pursuant to the general management plan developed pursuant to
(B) will not have an adverse effect on the resources of the park; and
(3) provide for full public participation in order to consider the views of all interested parties.
(
1 So in original. No subsec. (b) has been enacted.
§410yy–5. General management plan
Not later than 3 fiscal years after October 27, 1992, the Secretary shall prepare, in consultation with the Commission, and submit to Congress a general management plan for the park containing the information described in
(
Section Referred to in Other Sections
This section is referred to in
§410yy–6. Cooperative agreements
The Secretary, after consultation with the Commission, may enter into cooperative agreements with owners of property within the park of nationally significant historic or other cultural resources in order 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 exhibits, or attending the programs established by the Secretary under this subsection; and
(2) the Secretary, with the agreement of the property owner, 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.
(
Section Referred to in Other Sections
This section is referred to in
§410yy–7. Financial and technical assistance
(a) In general
The Secretary may provide to any owner of property within the park containing nationally significant historic or cultural resources, in accordance with cooperative agreements or grant agreements, as appropriate, such financial and technical assistance to mark, interpret, and restore non-Federal properties within the park as the Secretary determines appropriate to carry out the purposes of this subchapter, provided that—
(1) the Secretary, acting through the National Park Service, shall have right of access at reasonable times to public portions of the property covered by such agreement for the purpose of conducting visitors through such properties and interpreting them to the public; and
(2) no changes or alterations shall be made in such properties except by mutual agreement between the Secretary and the other parties to the agreements.
(b) Matching funds
Funds authorized to be appropriated to the Secretary for the purposes of this section shall be expended in the ratio of $1 of Federal funds for each $4 of funds contributed by non-Federal sources. For the purposes of this subsection, the Secretary is authorized to accept from non-Federal sources, and to utilize for purposes of this subchapter, any money so contributed. Donations of land, or interests in land, by the State of Michigan may be considered as a contribution from non-Federal sources for the purposes of this subsection.
(
Section Referred to in Other Sections
This section is referred to in
§410yy–8. Keweenaw National Historical Park Advisory Commission
(a) Establishment and duties
There is established the Keweenaw National Historical Park Advisory Commission. The Commission shall—
(1) advise the Secretary in the preparation and implementation of a general management plan described in
(2) advise the Secretary on the development of and priorities for implementing standards and criteria by which the Secretary, pursuant to agreements referred to in
(3) advise the Secretary on the development of rules governing the disbursal of funds for the development of non-Federal properties;
(4) advise the Secretary with respect to the selection of sites for interpretation and preservation by means of cooperative agreements pursuant to
(5) assist the Secretary in developing policies and programs for the conservation and protection of the scenic, historical, cultural, natural and technological values of the park which would complement the purposes of this subchapter;
(6) assist the Secretary in coordinating with local governments and the State of Michigan the implementation of the general management plan, and furthering the purposes of this subchapter;
(7) be authorized to carry out historical, educational, or cultural programs which encourage or enhance appreciation of the historic resources in the park, surrounding areas, and on the Keweenaw Peninsula; and
(8) be authorized to seek, accept, and dispose of gifts, bequests, or donations of money, personal property, or services, received from any source, consistent with the purposes of this subchapter and the park management.
(b) Acquisition of property
(1) The Commission may acquire real property, or interests in real property, to further the purposes of the subchapter by gift or devise; or, by purchase from a willing seller with money which was given or bequeathed to the Commission on the condition that such money would be used to purchase real property, or interests in real property, to further the purposes of this subchapter.
(2) For the purposes of
(3) Any real property or interest in real property acquired by the Commission shall be conveyed by the Commission to the National Park Service or the appropriate public agency as soon as possible after such acquisition, without consideration, and on the condition that the real property or interest in real property so conveyed is used for public purposes.
(4) The value of funds or property, or interests in property, conveyed to the National Park Service by the Commission may be considered as non-Federal, at the Commission's discretion.
(c) Membership
(1) Composition
The Commission shall be composed of seven members appointed by the Secretary, of whom—
(A) two members shall be appointed from nominees submitted by the Calumet Village Council and the Calumet Township Board;
(B) one member shall be appointed from nominees submitted by the Quincy Township Board and the Franklin Township Board;
(C) one member shall be appointed from nominees submitted by the Houghton County Board of Commissioners;
(D) one member shall be appointed from nominees submitted by the Governor of the State of Michigan; and,1
(E) two members who are qualified to serve on the Commission because of their familiarity with National Parks and historic preservation.
(2) Chairperson
The chairperson of the Commission shall be elected by the members to serve a term of 3 years.
(3) Vacancies
A vacancy on the Commission shall be filled in the same manner in which the original appointment was made.
(4) Terms of service
(A) In general
Each member shall be appointed for a term of 3 years and may be reappointed not more than three times.
(B) Initial members
Of the members first appointed under subsection (b)(1) of this section, the Secretary shall appoint—
(i) two members for a term of 1 year;
(ii) two members for a term of 2 years; and
(iii) three members for a term of 3 years.
(5) Extended service
A member may serve after the expiration of that member's term until a successor has taken office.
(6) Meetings
The Commission shall meet at least quarterly at the call of the chairperson or a majority of the members of the Commission.
(7) Quorum
Five members shall constitute a quorum.
(d) Compensation
Members shall serve without pay. Members who are full-time officers or employees of the United States, the State of Michigan, or any political subdivision thereof shall receive no additional pay on account of their service on the Commission.
(e) Travel expenses
While away from their homes or regular places of business in the performance of services for the Commission, members 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
(f) Mails
The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.
(g) Staff
The Commission may appoint and fix the pay of such personnel as the Commission deems desirable. The Secretary may provide the Commission with such staff and technical assistance as the Secretary, after consultation with the Commission, considers appropriate to enable the Commission to carry out its duties, on a cost reimbursable basis. Upon request of the Secretary, any Federal agency may provide information, personnel, property, and services on a reimbursable basis, to the Commission to assist in carrying out its duties under this section. The Secretary may accept the services of personnel detailed from the State of Michigan or any political subdivision of the State and reimburse the State or such political subdivision for such services. The Commission may procure additional temporary and intermittent services under
(h) Hearings
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 considers appropriate. The Commission may not issue subpoenas or exercise any subpoena authority.
(
Termination of Advisory Commissions
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 Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of
Section Referred to in Other Sections
This section is referred to in
1 So in original. The comma probably should not appear.
§410yy–9. Authorization of appropriations
(a) Except as provided in subsection (b) of this section, there are authorized to be appropriated such sums as may be necessary to carry out this subchapter, but not to exceed $5,000,000 for the acquisition of lands and interests therein, $25,000,000 for development, and $3,000,000 for financial and technical assistance to owners of non-Federal property as provided in
(b) There are authorized to be appropriated annually to the Commission to carry out its duties under this subchapter, $100,000 except that the Federal contribution to the Commission shall not exceed 50 percent of the annual costs to the Commission in carrying out those duties.
(
SUBCHAPTER LIX–X—SAGUARO NATIONAL PARK
§410zz. Findings and purpose
The Congress finds that—
(1) the Saguaro National Monument was established by Presidential Proclamation in 1933;
(2) the Tucson Mountain unit was established by Presidential Proclamation in 1961;
(3) in recognition of the need to provide increased protection for the monument, the boundaries of Tucson Mountain unit were expanded in 1976, and the boundaries of Rincon unit were expanded in 1991;
(4) the Tucson Mountain unit continues to face threats to the integrity of its natural resources, scenic beauty, and habitat protection for which the unit was established;
(5) these threats impede opportunities for public enjoyment, education, and safety within the monument, as well as opportunities for solitude within the wilderness areas of the monument designated by Congress in 1976;
(6) the residential and commercial growth of the greater Tucson, Arizona metropolitan area is causing increasing threats to the monument's resources; and
(7) the Tucson Mountain unit should be enlarged by the addition of adjacent lands of National Park caliber and Saguaro National Monument should be afforded full recognition and statutory protection as a National Park.
(
Short Title
Section 1 of
§410zz–1. Establishment
There is hereby established the Saguaro National Park (hereinafter in this subchapter referred to as the "park") in the State of Arizona. The Saguaro National Monument is abolished as such, and all lands and interests therein are hereby incorporated within and made part of Saguaro National Park. Any reference to Saguaro National Monument shall be deemed a reference to Saguaro National Park, and any funds available for the purposes of the monument shall be available for purposes of the park.
(
§410zz–2. Expansion of boundaries
(a) In general
The boundaries of the park are hereby modified to reflect the addition of approximately 3,460 acres of land and interests therein as generally depicted on the map entitled "Saguaro National Monument Additions" and dated April, 1994.
(b) Land acquisition
(1) Within the lands added to the park pursuant to subsection (a) of this section, the Secretary is authorized to acquire lands and interests therein by donation, purchase with donated or appropriated funds, transfer, or exchange: Provided, That no such lands or interests therein may be acquired without the consent of the owner thereof unless the Secretary determines that the land is being developed, or is proposed to be developed in a manner which is determental 1 to the integrity of the park.
(2) Lands or interests therein owned by the State of Arizona or a political subdivision thereof may only be acquired by donation or exchange.
(c) Withdrawal
Subject to valid existing rights, all Federal lands within the park are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, or patent under the United States mining laws, and from disposition under all laws relating to mineral and geothermal leasing, and mineral materials, and all amendments thereto.
(
References in Text
The public land laws, referred to in subsec. (c), are classified generally to Title 43, Public Lands.
The United States mining laws, referred to in subsec. (c), are classified generally to Title 30, Mineral Lands and Mining.
Mineral leasing laws, referred to in subsec. (c), have been defined in
Geothermal leasing laws, referred to in subsec. (c), are classified principally to
1 So in original. Probably should be "detrimental".
§410zz–3. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(
SUBCHAPTER LIX–Y—CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part A—Death Valley National Park
Part Referred to in Other Sections
This part is referred to in
§410aaa. Findings
The Congress hereby finds that—
(1) proclamations by Presidents Herbert Hoover in 1933 and Franklin Roosevelt in 1937 established and expanded the Death Valley National Monument for the preservation of the unusual features of scenic, scientific, and educational interest therein contained;
(2) Death Valley National Monument is today recognized as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors;
(3) the monument boundaries established in the 1930's exclude and thereby expose to incompatible development and inconsistent management, contiguous Federal lands of essential and superlative natural, ecological, geological, archeological, paleontological, cultural, historical ad 1 wilderness values;
(4) Death Valley National Monument should be substantially enlarged by the addition of all contiguous Federal lands of national park caliber and afforded full recognition and statutory protection as a National Park; and
(5) the wilderness within Death Valley should receive maximum statutory protection by designation pursuant to the Wilderness Act [
(
References in Text
The Wilderness Act, referred to in par. (5), is
Short Title
Section 1 of
Findings and Policy
Section 2 of
"(a) The Congress finds and declares that—
"(1) the federally owned desert lands of southern California constitute a public wildland resource of extraordinary and inestimable value for this and future generations;
"(2) these desert wildlands display unique scenic, historical, archeological, environmental, ecological, wildlife, cultural, scientific, educational, and recreational values used and enjoyed by millions of Americans for hiking and camping, scientific study and scenic appreciation;
"(3) the public land resources of the California desert now face and are increasingly threatened by adverse pressures which would impair, dilute, and destroy their public and natural values;
"(4) the California desert, embracing wilderness lands, units of the National Park System, other Federal lands, State parks and other State lands, and private lands, constitutes a cohesive unit posing unique and difficult resource protection and management challenges;
"(5) through designation of national monuments by Presidential proclamation, through enactment of general public land statutes (including section 601 [
"(6) statutory land unit designations are needed to afford the full protection which the resources and public land values of the California desert merit.
"(b) In order to secure for the American people of this and future generations an enduring heritage of wilderness, national parks, and public land values in the California desert, it is hereby declared to be the policy of the Congress that—
"(1) appropriate public lands in the California desert shall be included within the National Park System and the National Wilderness Preservation System, in order to—
"(A) preserve unrivaled scenic, geologic, and wildlife values associated with these unique natural landscapes;
"(B) perpetuate in their natural state significant and diverse ecosystems of the California desert;
"(C) protect and preserve historical and cultural values of the California desert associated with ancient Indian cultures, patterns of western exploration and settlement, and sites exemplifying the mining, ranching and railroading history of the Old West;
"(D) provide opportunities for compatible outdoor public recreation, protect and interpret ecological and geological features and historic, paleontological, and archeological sites, maintain wilderness resource values, and promote public understanding and appreciation of the California desert; and
"(E) retain and enhance opportunities for scientific research in undisturbed ecosystems."
1 So in original. Probably should be "and".
§410aaa–1. Establishment
There is hereby established the Death Valley National Park (hereinafter in this part referred to as the "park") as generally depicted on twenty-three maps entitled "Death Valley National Park Boundary and Wilderness—Proposed", numbered in the title one through twenty-three, and dated July 1993 or prior, 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 Death Valley National Monument is hereby abolished as such, the lands and interests therein are hereby incorporated within and made part of the new Death Valley National Park, and any funds available for purposes of the monument shall be available for purposes of the park.
(
Section Referred to in Other Sections
This section is referred to in
§410aaa–2. Transfer and administration of lands
On October 31, 1994, the Secretary shall transfer the lands under the jurisdiction of the Bureau of Land Management depicted in the maps described in
(
§410aaa–3. Maps and legal description
Within six months after October 31, 1994, the Secretary shall file maps and a legal description of the park designated under this part with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. Such maps and legal description shall have the same force and effect as if included in this part, except that the Secretary may correct clerical and typographical errors in such legal description and in the maps referred to in
(
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§410aaa–4. Withdrawal
Subject to valid existing rights, all Federal lands within the park are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing, and mineral materials, and all amendments thereto.
(
References in Text
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.
Mineral leasing laws, referred to in text, have been defined in
Geothermal leasing laws, referred to in text, are classified principally to
§410aaa–5. Grazing
(a) In general
The privilege of grazing domestic livestock on lands within the park shall continue to be exercised at no more than the current level, subject to applicable laws and National Park Service regulations.
(b) Sale of property
If a person holding a grazing permit referred to in subsection (a) of this section informs the Secretary that such permittee is willing to convey to the United States any base property with respect to which such permit was issued and to which such permittee holds title, the Secretary shall make the acquisition of such base property a priority as compared with the acquisition of other lands within the park, provided agreement can be reached concerning the terms and conditions of such acquisition. Any such base property which is located outside the park and acquired as a priority pursuant to this section shall be managed by the Federal agency responsible for the majority of the adjacent lands in accordance with the laws applicable to such adjacent lands.
(
§410aaa–6. Death Valley National Park Advisory Commission
(a) Establishment
The Secretary shall establish an Advisory Commission of no more than fifteen members, to advise the Secretary concerning the development and implementation of a new or revised comprehensive management plan for Death Valley National Park.
(b) Membership
(1) The advisory commission shall include an elected official for each County within which any part of the park is located, a representative of the owners of private properties located within or immediately adjacent to the park, and other members representing persons actively engaged in grazing and range management, mineral exploration and development, and persons with expertise in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park resources and values.
(2) Vacancies in the advisory commission shall be filled by the Secretary so as to maintain the full diversity of views required to be represented on the advisory commission.
(c) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act shall apply to the procedures and activities of the advisory commission.
(d) Termination
The advisory commission shall cease to exist ten years after the date of its establishment.
(
References in Text
The Federal Advisory Committee Act, referred to in subsec. (c), is
§410aaa–7. Boundary adjustment
In preparing the maps and legal descriptions required by
(
References in Text
Section 602 of this Act, referred to in text, is section 602 of
Part B—Joshua Tree National Park
§410aaa–21. Findings
The Congress finds that—
(1) a proclamation by President Franklin Roosevelt in 1936 established Joshua Tree National Monument to protect various objects of historical and scientific interest;
(2) Joshua Tree National Monument today is recognized as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors;
(3) the monument boundaries as modified in 1950 and 1961 exclude and thereby expose to incompatible development and inconsistent management, contiguous Federal lands of essential and superlative natural, ecological, archeological, paleontological, cultural, historical, and wilderness values;
(4) Joshua Tree National Monument should be enlarged by the addition of contiguous Federal lands of national park caliber, and afforded full recognition and statutory protection as a National Park; and
(5) the nondesignated wilderness within Joshua Tree should receive statutory protection by designation pursuant to the Wilderness Act [
(
References in Text
The Wilderness Act, referred to in par. (5), is
§410aaa–22. Establishment
There is hereby established the Joshua Tree National Park, (hereinafter in this section referred to as the "park"), as generally depicted on a map entitled "Joshua Tree National Park Boundary—Proposed", dated May 1991, and four maps entitled "Joshua Tree National Park Boundary and Wilderness", numbered in the title one through four, and dated October 1991 or prior, 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 Joshua Tree National Monument is hereby abolished as such, the lands and interests therein are hereby incorporated within and made part of the new Joshua Tree National Park, and any funds available for purposes of the monument shall be available for purposes of the park.
(
Section Referred to in Other Sections
This section is referred to in
§410aaa–23. Transfer and administration of lands
On October 31, 1994, the Secretary shall transfer the lands under the jurisdiction of the Bureau of Land Management depicted on the maps described in
(
§410aaa–24. Maps and legal description
Within six months after October 31, 1994, the Secretary shall file maps and legal 1 description of the park with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. Such maps and legal description shall have the same force and effect as if included in this part, except that the Secretary may correct clerical and typographical errors in such legal description and maps. The maps and legal description shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.
(
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
1 So in original. Probably should be "a legal".
§410aaa–25. Withdrawal
Subject to valid existing rights, all Federal lands within the park are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing, and mineral materials, and all amendments thereto.
(
References in Text
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.
Mineral leasing laws, referred to in text, have been defined in
Geothermal leasing laws, referred to in text, are classified principally to
§410aaa–26. Utility rights-of-way
Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities in such right-of-way, issued, granted, or permitted to the Metropolitan Water District pursuant to the Boulder Canyon Project Act (
(
References in Text
The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42,
Section 601(a)(2), referred to in text, is section 601(a)(2) of
Act of June 18, 1932 (
Section Referred to in Other Sections
This section is referred to in
§410aaa–27. Joshua Tree National Park Advisory Commission
(a) Establishment
The Secretary shall establish an Advisory Commission of no more than fifteen members, to advise the Secretary concerning the development and implementation of a new or revised comprehensive management plan for Joshua Tree National Park.
(b) Membership
(1) The advisory commission shall include an elected official for each County within which any part of the park is located, a representative of the owners of private properties located within or immediately adjacent to the park, and other members representing persons actively engaged in grazing and range management, mineral exploration and development, and persons with expertise in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park resources and values.
(2) Vacancies in the advisory commission shall be filled by the Secretary so as to maintain the full diversity of views required to be represented on the advisory commission.
(c) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act shall apply to the procedures and activities of the advisory commission.
(d) Termination
The advisory commission shall cease to exist ten years after the date of its establishment.
(
References in Text
The Federal Advisory Committee Act, referred to in subsec. (c), is
Part C—Mojave National Preserve
§410aaa–41. Findings
The Congress hereby finds that—
(1) Death Valley and Joshua Tree National Parks, as established by this Act, protect unique and superlative desert resources, but do not embrace the particular ecosystems and transitional desert type found in the Mojave Desert area lying between them on public lands now afforded only impermanent administrative designation as a national scenic area;
(2) the Mojave Desert area possesses outstanding natural, cultural, historical, and recreational values meriting statutory designation and recognition as a unit of the National Park System;
(3) the Mojave Desert area should be afforded full recognition and statutory protection as a national preserve;
(4) the wilderness within the Mojave Desert should receive maximum statutory protection by designation pursuant to the Wilderness Act [
(5) the Mojave Desert area provides an outstanding opportunity to develop services, programs, accommodations and facilities to ensure the use and enjoyment of the area by individuals with disabilities, consistent with
(
References in Text
This Act, referred to in par. (1), is defined in
The Wilderness Act referred to in par. (4), is
The Americans with Disabilities Act of 1990, referred to in par. (5), is
1 So in original. Probably should not be capitalized.
§410aaa–42. Establishment
There is hereby established the Mojave National Preserve, comprising approximately one million four hundred nineteen thousand eight hundred acres, as generally depicted on a map entitled "Mojave National Park Boundary—Proposed", dated May 17, 1994, which shall be on file and available for inspection in the appropriate offices of the Director of the National Park Service, Department of the Interior.
(
Section Referred to in Other Sections
This section is referred to in
§410aaa–43. Transfer of lands
On October 31, 1994, the Secretary shall transfer the lands under the jurisdiction of the Bureau of Land Management depicted on the maps described in
(
§410aaa–44. Maps and legal description
Within six months after October 31, 1994, the Secretary shall file maps and a legal description of the preserve designated under this part with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. Such maps and legal description shall have the same force and effect as if included in this part, except that the Secretary may correct clerical and typographical errors in such legal description and in the maps referred to in
(
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410aaa–45. Abolishment of scenic area
The East Mojave National Scenic Area, designated on January 13, 1981 (46 FR 3994), and modified on August 9, 1983 (48 FR 36210), is hereby abolished.
(
§410aaa–46. Administration
(a) The Secretary shall administer the preserve in accordance with this part and with the provisions of law generally applicable to units of the National Park System, including
(b) The Secretary shall permit hunting, fishing, and trapping on lands and waters within the preserve designated by this Act in accordance with applicable Federal and State laws except that the Secretary may designate areas where, and establish periods when, no hunting, fishing, or trapping will be permitted for reasons of public safety, administration, or compliance with provisions of applicable law. Except in emergencies, regulations closing areas to hunting, fishing, or trapping pursuant to this subsection shall be put into effect only after consultation with the appropriate State agency having responsibility for fish and wildlife. Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the States with respect to fish and wildlife on Federal lands and waters covered by this part nor shall anything in this Act be construed as authorizing the Secretary concerned to require a Federal permit to hunt, fish, or trap on Federal lands and waters covered by this part.
(
References in Text
This Act, referred to in subsec. (b), is defined in
§410aaa–47. Withdrawal
Subject to valid existing rights, all Federal lands within the preserve are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing, and mineral materials, and all amendments thereto.
(
References in Text
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.
Mineral leasing laws, referred to in text, have been defined in
Geothermal leasing laws, referred to in text, are classified principally to
§410aaa–48. Regulation of mining
Subject to valid existing rights, all mining claims located within the preserve shall be subject to all applicable laws and regulations applicable to mining within units of the National Park System, including the Mining in the Parks Act (
(
References in Text
The Mining in the Parks Act, referred to in text, is
§410aaa–49. Study as to validity of mining claims
(a) The Secretary shall not approve any plan of operation prior to determining the validity of the unpatented mining claims, mill sites, and tunnel sites affected by such plan within the preserve and shall submit to Congress recommendations as to whether any valid or patented claims should be acquired by the United States, including the estimated acquisition costs of such claims, and a discussion of the environmental consequences of the extraction of minerals from these lands.
(b)(1) Notwithstanding any other provision of law, the Secretary shall permit the holder or holders of mining claims identified on the records of the Bureau of Land Management as Volco #A CAMC 105446, Volco #B CAMC 105447, Volco 1 CAMC 80155, Volco 2 CAMC 80156, Volco 3 CAMC 170259, Volco 4 CAMC 170260, Volco 5 CAMC 78405, Volco 6 CAMC 78404, and Volco 7 CAMC 78403, Volco Placer 78332, to continue exploration and development activities on such claims for a period of two years after October 31, 1994, subject to the same regulations as applied to such activities on such claims on the day before October 31, 1994.
(2) At the end of the period specified in paragraph (1), or sooner if so requested by the holder or holders of the claims specified in such paragraph, the Secretary shall determine whether there has been a discovery of valuable minerals on such claims and whether, if such discovery had been made on or before July 1, 1994, such claims would have been valid as of such date under the mining laws of the United States in effect on such date.
(3) If the Secretary, pursuant to paragraph (2), makes an affirmative determination concerning the claims specified in paragraph (1), the holder or holders of such claims shall be permitted to continue to operate such claims subject only to such regulations as applied on July 1, 1994 to the exercise of valid existing rights on patented mining claims within a unit of the National Park System.
(
References in Text
The mining laws of the United States, referred to in subsec. (b)(2), are classified generally to Title 30, Mineral Lands and Mining.
§410aaa–50. Grazing
(a) The privilege of grazing domestic livestock on lands within the preserve shall continue to be exercised at no more than the current level, subject to applicable laws and National Park Service regulations.
(b) If a person holding a grazing permit referred to in subsection (a) of this section informs the Secretary that such permittee is willing to convey to the United States any base property with respect to which such permit was issued and to which such permittee holds title, the Secretary shall make the acquisition of such base property a priority as compared with the acquisition of other lands within the preserve, provided agreement can be reached concerning the terms and conditions of such acquisition. Any such base property which is located outside the preserve and acquired as a priority pursuant to this section shall be managed by the Federal agency responsible for the majority of the adjacent lands in accordance with the laws applicable to such adjacent lands.
(
§410aaa–51. Utility rights-of-way
(a) Continuation of rights-of-way and other activities; upgrading transmission lines; emergency access plans
(1) Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities in such right-of-way, issued, granted, or permitted to Southern California Edison Company, its successors or assigns, which is located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.
(2) Nothing in this part shall have the effect of prohibiting the upgrading of an existing electrical transmission line for the purpose of increasing the capacity of such transmission line in the Southern California Edison Company validly issued Eldorado-Lugo Transmission Line right-of-way and Mojave-Lugo Transmission Line right-of-way, or in a right-of-way if issued, granted, or permitted by the Secretary adjacent to the existing Mojave-Lugo Transmission Line right-of-way (hereafter in this section referred to as "adjacent right-of-way"), including construction of a replacement transmission line: Provided, That—
(A) in the Eldorado-Lugo Transmission Line rights-of-way (hereafter in this section referred to as the "Eldorado rights-of-way") at no time shall there be more than three electrical transmission lines;
(B) in the Mojave-Lugo Transmission Line right-of-way (hereafter in this section referred to as the "Mojave right-of-way") and adjacent right-of-way, removal of the existing electrical transmission line and reclamation of the site shall be completed no later than three years after the date on which construction of the upgraded transmission line begins, after which time there may be only one electrical transmission line in the lands encompassed by Mojave right-of-way and adjacent right-of-way;
(C) if there are no more than two electrical transmission lines in the Eldorado rights-of-way, two electrical transmission lines in the lands encompassed by the Mojave right-of-way and adjacent right-of-way may be allowed;
(D) in the Eldorado rights-of-way and Mojave right-of-way no additional land shall be issued, granted, or permitted for such upgrade unless an addition would reduce the impacts to preserve resources;
(E) no more than 350 feet of additional land shall be issued, granted, or permitted for an adjacent right-of-way to the south of the Mojave right-of-way unless a greater addition would reduce the impacts to preserve resources; and
(F) such upgrade activities, including helicopter aided construction, shall be conducted in a manner which will minimize the impact on preserve resources.
(3) The Secretary shall prepare within one hundred and eighty days after October 31, 1994, in consultation with the Southern California Edison Company, plans for emergency access by the Southern California Edison Company to its rights-of-way.
(b) Pipeline capacity
(1) Nothing in this part shall have the effect of terminating any validly issued right-of-way, or customary operation, maintenance, repair, and replacement activities in such right-of-way; prohibiting the upgrading of and construction on existing facilities in such right-of-way for the purpose of increasing the capacity of the existing pipeline; or prohibiting the renewal of such right-of-way issued, granted, or permitted to the Southern California Gas Company, its successors or assigns, which is located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.
(2) The Secretary shall prepare within one hundred and eighty days after October 31, 1994, in consultation with the Southern California Gas Company, plans for emergency access by the Southern California Gas Company to its rights-of-way.
(c) Communications cables or lines
Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities of existing facilities issued, granted, or permitted for communications cables or lines, which are located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.
(d) Other rights-of-way
Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities of existing facilities issued, granted, or permitted to Molybdenum Corporation of America; Molycorp, Incorporated; or Union Oil Company of California (d/b/a Unocal Corporation); or its successors or assigns, or prohibiting renewal of such right-of-way, which is located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.
(
References in Text
Section 601(a)(3), referred to in text, is section 601(a)(3) of
§410aaa–52. Preparation of management plan
Within three years after October 31, 1994, the Secretary shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives a detailed and comprehensive management plan for the preserve. Such plan shall place emphasis on historical and cultural sites and ecological and wilderness values within the boundaries of the preserve. Such plan shall evaluate the feasibility of using the Kelso Depot and existing railroad corridor to provide public access to and a facility for special interpretive, educational, and scientific programs within the preserve. Such plan shall specifically address the needs of individuals with disabilities in the design of services, programs, accommodations and facilities consistent with
(
References in Text
The Americans with Disabilities Act of 1990, referred to in text, is
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410aaa–53. Granite Mountains Natural Reserve
(a) Establishment
There is hereby designated the Granite Mountains Natural Reserve within the preserve comprising approximately nine thousand acres as generally depicted on a map entitled "Mojave National Park Boundary and Wilderness—Proposed 6", dated May 1991.
(b) Cooperative management agreement
On October 31, 1994, the Secretary shall enter into a cooperative management agreement with the University of California for the purposes of managing the lands within the Granite Mountains Natural Reserve. Such cooperative agreement shall ensure continuation of arid lands research and educational activities of the University of California, consistent with the provisions of this part and laws generally applicable to units of the National Park System.
(
§410aaa–54. Soda Springs Desert Study Center
On October 31, 1994, the Secretary shall enter into a cooperative management agreement with California State University for the purposes of managing facilities at the Soda Springs Desert Study Center. Such cooperative agreement shall ensure continuation of the desert research and educational activities of California State University, consistent with the provisions of this part and laws generally applicable to units of the National Park System.
(
§410aaa–55. Construction of visitor center
The Secretary is authorized to construct a visitor center in the preserve for the purpose of providing information through appropriate displays, printed material, and other interpretive programs, about the resources of the preserve.
(
§410aaa–56. Acquisition of lands
The Secretary is authorized to acquire all lands and interest in lands within the boundary of the preserve by donation, purchase, or exchange, except that—
(1) any lands or interests therein within the boundary of the preserve which are owned by the State of California, or any political subdivision thereof, may be acquired only by donation or exchange except for lands managed by the California State Lands Commission; and
(2) lands or interests therein within the boundary of the preserve which are not owned by the State of California or any political subdivision thereof may be acquired only with the consent of the owner thereof unless the Secretary determines, after written notice to the owner and after opportunity for comment, that the property is being developed, or proposed to be developed, in a manner which is detrimental to the integrity of the preserve or which is otherwise incompatible with the purposes of this part: Provided, however, That the construction, modification, repair, improvement, or replacement of a single-family residence shall not be determined to be detrimental to the integrity of the preserve or incompatible with the purposes of this part.
(
§410aaa–57. Acquired lands to be made part of Mojave National Preserve
Any lands acquired by the Secretary under this part shall become part of the Mojave National Preserve.
(
§410aaa–58. Mojave National Preserve Advisory Commission
(a) Establishment
The Secretary shall establish an Advisory Commission of no more than fifteen members, to advise the Secretary concerning the development and implementation of a new or revised comprehensive management plan for the Mojave National Preserve.
(b) Membership
(1) The advisory commission shall include an elected official for each County within which any part of the preserve is located, a representative of the owners of private properties located within or immediately adjacent to the preserve, and other members representing persons actively engaged in grazing and range management, mineral exploration and development, and persons with expertise in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park resources and values.
(2) Vacancies in the advisory commission shall be filled by the Secretary so as to maintain the full diversity of views required to be represented on the advisory commission.
(c) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act shall apply to the procedures and activities of the advisory commission.
(d) Termination
The advisory commission shall cease to exist ten years after the date of its establishment.
(
References in Text
The Federal Advisory Committee Act, referred to in subsec. (c), is
§410aaa–59. No adverse effect on land until acquired
Unless and until acquired by the United States, no lands within the boundaries of wilderness areas or National Park System units designated or enlarged by this Act that are owned by any person or entity other than the United States shall be subject to any of the rules or regulations applicable solely to the Federal lands within such boundaries and may be used to the extent allowed by applicable law. Neither the location of such lands within such boundaries nor the possible acquisition of such lands by the United States shall constitute a bar to the otherwise lawful issuance of any Federal license or permit other than a license or permit related to activities governed by
(
References in Text
This Act, referred to in text, is defined in
The Mining in the Parks Act, referred to in text, is
The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360,
Part D—Miscellaneous Provisions
§410aaa–71. Transfer of lands to Red Rock Canyon State Park
On October 31, 1994, the Secretary shall transfer to the State of California certain lands within the California Desert Conservation Area, California, of the Bureau of Land Management, comprising approximately twenty thousand five hundred acres, as generally depicted on two maps entitled "Red Rock Canyon State Park Additions 1" and "Red Rock Canyon State Park Additions 2", dated May 1991, for inclusion in the State of California Park System. Should the State of California cease to manage these lands as part of the State Park System, ownership of the lands shall revert to the Department of the Interior to be managed as part of California Desert Conservation Area to provide maximum protection for the area's scenic and scientific values.
(
§410aaa–72. Land tenure adjustments
In preparing land tenure adjustment decisions with the California Desert Conservation Area, of the Bureau of Land Management, the Secretary shall give priority to consolidating Federal ownership within the national park units and wilderness areas designated by this Act.
(
References in Text
This Act, referred to in text, is defined in
§410aaa–73. Land disposal
Except as provided in
(
References in Text
This Act, referred to in text, is defined in
The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42,
§410aaa–74. Management of newly acquired lands
Any lands within the boundaries of a wilderness area designated under this Act which are acquired by the Federal Government, shall become part of the wilderness area within which they are located and shall be managed in accordance with all the provisions of this Act and other laws applicable to such wilderness area.
(
References in Text
This Act, referred to in text, is defined in
§410aaa–75. Native American uses and interests
(a) Access
In recognition of the past use of the National Park System units and wilderness areas designed under this Act by Indian people for traditional cultural and religious purposes, the Secretary shall ensure access to such park system units and wilderness areas by Indian people for such traditional cultural and religious purposes. In implementing this section, the Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or more specific portions of the park system unit or wilderness area in order to protect the privacy of traditional cultural and religious activities in such areas by Indian people. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of
(b) Study
(1) The Secretary, in consultation with the Timbisha Shoshone Tribe and relevant Federal agencies, shall conduct a study, subject to the availability of appropriations, to identify lands suitable for a reservation for the Timbisha Shoshone Tribe that are located within the Tribe's aboriginal homeland area within and outside the boundaries of the Death Valley National Monument and the Death Valley National Park, as described in part A of this subchapter.
(2) Not later than 1 year after October 31, 1994, the Secretary shall submit a report to the Committee on Energy and Natural Resources and the Committee on Indian Affairs of the United States Senate, and the Committee on Natural Resources of the United States House of Representatives on the results of the study conducted under paragraph (1).
(
References in Text
This Act, referred to in subsec. (a), is defined in
The Wilderness Act, referred to in subsec. (a), is
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410aaa–76. Federal reserved water rights
(a) Reservation of sufficient water
Except as otherwise provided in section 204 of this Act, with respect to each wilderness area designated by this Act, Congress hereby reserves a quantity of water sufficient to fulfill the purposes of this Act. The priority date of such reserved water rights shall be October 31, 1994.
(b) Protection of rights reserved
The Secretary and all other officers of the United States shall take all steps necessary to protect the rights reserved by this section, including the filing by the Secretary of a claim for the quantification of such rights in any present or future appropriate stream adjudication in the courts of the State of California in which the United States is or may be joined in accordance with
(c) Relinquishment or reduction of rights
Nothing in this Act shall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of California on or before October 31, 1994.
(d) Specific reservation
The Federal water rights reserved by this Act are specific to the wilderness area located in the State of California designated under this Act. Nothing in this Act related to the reserved Federal water rights shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation made thereto.
(
References in Text
Section 204 of this Act, referred to in subsec. (a), is section 204 of
This Act, referred to in subsecs. (a), (c), and (d), is defined in
§410aaa–77. California State School lands
(a) Negotiations to exchange
Upon request of the California State Lands Commission (hereinafter in this section referred to as the "Commission"), the Secretary shall enter into negotiations for an agreement to exchange Federal lands or interests therein on the list referred to in subsection (b)(2) of this section for California State School lands or interests therein which are located within the boundaries of one or more of the wilderness areas or park system units designated by this Act (hereinafter in this section referred to as "State School lands."). The Secretary shall negotiate in good faith to reach a land exchange agreement consistent with the requirements of section 206 of the Federal Land Policy and Management Act of 1976 [
(b) Preparation of list
Within six months after October 31, 1994, the Secretary shall send to the Commission and to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives a list of the following:
(1) State School lands or interests therein (including mineral interests) which are located within the boundaries of the wilderness areas or park system units designated by this Act.
(2) Lands within the State of California under the jurisdiction of the Secretary that the Secretary determines to be suitable for disposal for exchange, identified in the following priority—
(A) lands with mineral interests, including geothermal, which have the potential for commercial development but which are not currently under mineral lease or producing Federal mineral revenues;
(B) Federal claims in California managed by the Bureau of Reclamation that the Secretary determines are not needed for any Bureau of Reclamation project; and
(C) any public lands in California that the Secretary, pursuant to the Federal Land Policy and Management Act of 1976 [
(3) Any other Federal land, or interest therein, within the State of California, which is or becomes surplus to the needs of the Federal Government. The Secretary may exclude, in the Secretary's discretion, lands located within, or contiguous to, the exterior boundaries of lands held in trust for a federally recognized Indian tribe located in the State of California.
(4) The Secretary shall maintain such list and shall annually transmit such list to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives until all of the State School lands identified in paragraph (1) have been acquired.
(c) Disposal of surplus Federal property
(1) Effective upon October 31, 1994, and until all State School lands identified in paragraph (b)(1) of this section are acquired, no Federal lands or interests therein within the State of California may be disposed of from Federal ownership unless—
(A) the Secretary is notified of the availability of such lands or interest therein;
(B) the Secretary has notified the Commission of the availability of such lands or interests therein for exchange; and
(C) the Commission has not notified the Secretary within six months that it wishes to consider entering into an exchange for such lands or interests therein.
(2) If the Commission notifies the Secretary that it wishes to consider an exchange for such lands or interests therein, the Secretary shall attempt to conclude such exchange in accordance with the provisions of this section as quickly as possible.
(3) If an agreement is reached and executed with the Commission, then upon notice to the head of the agency having administrative jurisdiction over such lands or interests therein, the Secretary shall be vested with administrative jurisdiction over such land or interests therein for the purpose of concluding such exchange.
(4) Upon the acquisition of all State School lands or upon notice by the Commission to the Secretary that it no longer has an interest in such lands or interests therein, such lands or interests shall be released to the agency that originally had jurisdiction over such lands or interests for disposal in accordance with the laws otherwise applicable to such lands or interests.
(d) No effect on military base closures
The provisions of this section shall not apply to the disposal of property under title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
(
References in Text
This Act, referred to in subsecs. (a) and (b)(1), is defined in
The Federal Land Policy and Management Act of 1976, referred to in subsec. (b)(2)(C), is
The Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (d), is
The Defense Base Closure and Realignment Act of 1990, referred to in subsec. (d), is part A of title XXIX of div. B of
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410aaa–78. Access to private property
The Secretary shall provide adequate access to nonfederally owned land or interests in land within the boundaries of the conservation units and wilderness areas designated by this Act which will provide the owner of such land or interest the reasonable use and enjoyment thereof.
(
References in Text
This Act, referred to in text, is defined in
§410aaa–79. Federal facilities fee equity
(a) Policy statement
It is the intent of Congress that entrance, tourism or recreational use fees for use of Federal lands and facilities not discriminate against any State or any region of the country.
(b) Fee study
The Secretary, in cooperation with other affected agencies, shall prepare and submit a report by May 1, 1996 to the Committee on Energy and Natural Resources of the United States Senate, the Committee on Natural Resources of the United States House of Representatives, and any other relevant committees, which shall—
(1) identify all Federal lands and facilities that provide recreational or tourism use; and
(2) analyze by State and region any fees charged for entrance, recreational or tourism use, if any, on Federal lands or facilities in a State or region, individually and collectively.
(c) Recommendations
Following completion of the report in subsection (b) of this section, the Secretary, in cooperation with other affected agencies, shall prepare and submit a report by May 1, 1997 to the Committee on Energy and Natural Resources of the United States Senate, the Committee on Natural Resources of the United States House of Representatives, and any other relevant committees, which shall contain recommendations which the Secretary deems appropriate for implementing the congressional intent outlined in subsection (a) of this section.
(
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§410aaa–80. Land appraisal
Lands and interests in lands acquired pursuant to this Act shall be appraised without regard to the presence of a species listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (
(
References in Text
This Act, referred to in text, is defined in
The Endangered Species Act of 1973, referred to in text, is
§410aaa–81. Definition
Any reference to the term "this Act" in titles I through IX shall be deemed to be solely a reference to sections 1 and 2, and titles I through IX.
(
References in Text
Sections 1 and 2 and titles I to IX, referred to in text, are sections 1 and 2 and titles I to IX of
"Secretary" Defined
Section 103 of
§410aaa–82. Military overflights
(a) Overflights
Nothing in this Act, the Wilderness Act [
(b) Special airspace
Nothing in this Act, the Wilderness Act [
(c) No effect on other laws
Nothing in this section shall be construed to modify, expand, or diminish any authority under other Federal law.
(
References in Text
This Act, referred to in subsecs. (a) and (b), is defined in
The Wilderness Act, referred to in subsecs. (a) and (b), is
Short Title and Findings
Section 801 of title VIII of
"(a)
"(b)
"(1) military aircraft testing and training activities as well as demilitarization activities in California are an important part of the national defense system of the United States, and are essential in order to secure for the American people of this and future generations an enduring and viable national defense system;
"(2) the National Park System units and wilderness areas designated by this Act [see
"(3) there is a lack of alternative sites available for these military training, testing, and research activities;
"(4) continued use of the lands and airspace in the California desert region is essential for military purposes; and
"(5) continuation of these military activities, under appropriate terms and conditions, is not incompatible with the protection and proper management of the natural, environmental, cultural, and other resources and values of the Federal lands in the California desert area."
§410aaa–83. Authorization of appropriations
There is authorized to be appropriated to the National Park Service and to the Bureau of Land Management to carry out this Act an amount not to exceed $36,000,000 over and above that provided in fiscal year 1994 for additional administrative and construction costs over the fiscal year 1995–1999 period, and $300,000,000 for all land acquisition costs. No funds in excess of these amounts may be used for construction, administration, or land acquisition authorized under this Act without a specific authorization in an Act of Congress enacted after October 31, 1994.
(
References in Text
This Act, referred to in text, is defined in
SUBCHAPTER LIX–Z—NEW ORLEANS JAZZ NATIONAL HISTORICAL PARK
§410bbb. Findings and purpose
(a) Findings
The Congress finds that:
(1) Jazz is the United States' most widely recognized indigenous music and art form. Congress previously recognized jazz in 1987 through Senate Concurrent Resolution 57 as a rare and valuable national treasure of international importance.
(2) The city of New Orleans is widely recognized as the birthplace of jazz. In and around this city, cultural and musical elements blended to form the unique American music that is known as New Orleans jazz, which is an expression of the cultural diversity of the lower Mississippi Delta Region.
(3) Jean Lafitte National Historical Park and Preserve was established to commemorate the cultural diversity of the lower Mississippi Delta Region including a range of cultural expressions like jazz.
(b) Purpose
In furtherance of the need to recognize the value and importance of jazz, it is the purpose of this subchapter to establish a New Orleans Jazz National Historical Park to preserve the origins, early history, development and progression of jazz; provide visitors with opportunities to experience the sights, sounds, and places where jazz evolved; and implement innovative ways of establishing jazz educational partnerships that will help to ensure that jazz continues as a vital element of the culture of New Orleans and our Nation.
(
References in Text
Senate Concurrent Resolution 57, referred to in subsec. (a)(1), probably means H. Con. Res. 57, Dec. 4, 1987,
Short Title
Section 1201 of title XII of
§410bbb–1. Establishment
(a) In general
In order to assist in the preservation, education, and interpretation of jazz as it has evolved in New Orleans, and to provide technical assistance to a broad range of organizations involved with jazz music and its history, there is hereby established the New Orleans Jazz National Historical Park (hereinafter referred to as the "historical park"). The historical park shall be administered in conjunction with the Jean Lafitte National Historical Park and Preserve, which was established to preserve and interpret the cultural and natural resources of the lower Mississippi Delta Region.
(b) Area included
The historical park shall consist of lands and interests therein as follows:
(1) Lands which the Secretary of the Interior (hereinafter referred to as "the Secretary") may designate for an interpretive visitor center complex.
(2) Sites that are the subject of cooperative agreements with the National Park Service for the purposes of interpretive demonstrations and programs associated with the purposes of this subchapter.
(3)(A) Sites designated by the Secretary as provided in subparagraph (B).
(B)(i) No later than 18 months after October 31, 1994, the Secretary is directed to complete a national historic landmark evaluation of sites associated with jazz in and around New Orleans as identified in the document entitled "New Orleans Jazz Special Resource Study", prepared by the National Park Service pursuant to
(ii) If any of the sites evaluated are found to meet the standards of the National Historic Landmark program and National Park Service tests of suitability and feasibility, and offer outstanding opportunities to further the purposes of this subchapter, the Secretary may designate such sites as part of the historical park, following consultation with the owners of such sites, the city of New Orleans, the Smithsonian Institution, and the New Orleans Jazz Commission, and notification to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives.
(
References in Text
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§410bbb–2. Administration
(a) In general
(1) The Secretary shall administer the historical park in accordance with this subchapter and with provisions of law generally applicable to units of the National Park System, including
(2) To minimize operational costs associated with the management and administration of the historical park and to avoid duplication of effort, the Secretary shall, to the maximum extent practicable, utilize the facilities, administrative staff and other services of the Jean Lafitte National Historical Park and Preserve.
(b) Donations
The Secretary may accept and retain donations of funds, property, or services from individuals, foundations, corporations, or other public entities for the purposes of providing services, programs, and facilities that further the purposes of this subchapter.
(c) Interpretive center
The Secretary is authorized to construct, operate, and maintain an interpretive center in the historical park on lands identified by the Secretary pursuant to
(d) Jazz heritage districts
The Secretary may provide technical assistance to the city of New Orleans and other appropriate entities for the designation of certain areas in and around New Orleans as jazz heritage districts. Such districts shall include those areas with an exceptional concentration of jazz historical sites and established community traditions of jazz street parades.
(e) Cooperative agreements, grants and technical assistance
In furtherance of the purposes of this subchapter—
(1) the Secretary, after consultation with the New Orleans Jazz Commission established pursuant to
(2) the Secretary is authorized to enter into cooperative agreements with the city of New Orleans, the State of Louisiana, and other appropriate public and private organizations under which the other parties to the agreement may contribute to the acquisition, construction, operation, and maintenance of the interpretive center and to the operation of educational and interpretive programs to further the purposes of this subchapter; and
(3) the Secretary, in consultation with the New Orleans Jazz Commission, is authorized to provide grants or technical assistance to public and private organizations.
(f) Jazz educational programs
The Secretary shall, in the administration of the historical park, promote a broad range of educational activities relating to jazz and its history. The Secretary shall cooperate with schools, universities, and organizations supporting jazz education to develop educational programs that provide expanded public understanding of jazz and enhanced opportunities for public appreciation. The Secretary may assist appropriate entities in the development of an information base including archival material, audiovisual records, and objects that relate to the history of jazz.
(
§410bbb–3. Acquisition of property
(a) General authority
The Secretary may acquire lands and interests therein within the sites designated pursuant to section 410bbb–1(b)(1) and (3) of this title by donation or purchase with donated or appropriated funds or long term lease: Provided, That sites designated pursuant to
(b) State and local properties
Lands and interests in lands which are owned by the State of Louisiana, or any political subdivision thereof, may be acquired only by donation.
(
§410bbb–4. General management plan
Within three years after the date funds are made available therefor and concurrent with the national landmark study referenced in
(1) a visitor use plan indicating programs and facilities associated with park programs that will be made available to the public;
(2) preservation and use plans for any structures and sites that are identified through the historic landmark study for inclusion within the historical park;
(3) the location and associated cost of public facilities that are proposed for inclusion within the historical park, including a visitor center;
(4) identification of programs that the Secretary will implement or be associated with through cooperative agreements with other groups and organizations;
(5) a transportation plan that addresses visitor use access needs to sites, facilities, and programs central to the purpose of the historical park;
(6) plans for the implementation of an archival system for materials, objects, and items of importance relating to the history of jazz; and
(7) guidelines for the application of cooperative agreements that will be used to assist in the management of historical park facilities and programs.
(
§410bbb–5. New Orleans Jazz Commission
(a) Establishment
To assist in implementing the purposes of this subchapter and the document entitled "New Orleans Jazz Special Resource Study", there is established the New Orleans Jazz Commission (hereinafter referred to as the "Commission").
(b) Membership
The Commission shall consist of 17 members to be appointed no later than six months after October 31, 1994. The Commission shall be appointed by the Secretary as follows:
(1) One member from recommendations submitted by the Mayor of New Orleans.
(2) Two members who have recognized expertise in music education programs that emphasize jazz.
(3) One member, with experience in and knowledge of tourism in the greater New Orleans area, from recommendations submitted by local businesses.
(4) One member from recommendations submitted by the Board of the New Orleans Jazz and Heritage Foundation.
(5) One member, with experience in and knowledge of historic preservation within the New Orleans area.
(6) Two members, one from recommendations submitted by the Secretary of the Smithsonian Institution and one member from recommendations submitted by the Chairman of the National Endowment of the Arts, who are recognized musicians with knowledge and experience in the development of jazz in New Orleans.
(7) Two members, one from recommendations submitted by the Secretary of the Smithsonian Institution and one member from recommendations submitted by the Director of the Louisiana State Museum with recognized expertise in the interpretation of jazz history or traditions related to jazz in New Orleans.
(8) Two members who represent local neighborhood groups or other local associations; from recommendations submitted by the Mayor of New Orleans.
(9) One member representing local mutual aid and benevolent societies as well as local social and pleasure clubs, from recommendations submitted by the Board of the New Orleans Jazz and Heritage Foundation.
(10) One member from recommendations submitted by the Governor of the State of Louisiana, who shall be a member of the Louisiana State Music Commission.
(11) One member representing the New Orleans Jazz Club from recommendations submitted by the club.
(12) One member who is a recognized local expert on the history, development and progression of jazz in New Orleans and is familiar with existing archival materials from recommendations submitted by the Librarian of Congress.
(13) The Director of the National Park Service, or the Director's designee, ex officio.
(c) Duties
The Commission shall—
(1) advise the Secretary in the preparation of the general management plan for the historical park; assist in public discussions of planning proposals; and assist the National Park Service in working with individuals, groups, and organizations including economic and business interests in determining programs in which the Secretary should participate through cooperative agreement;
(2) in consultation and cooperation with the Secretary, develop partnerships with educational groups, schools, universities, and other groups to furtherance of the purposes of this subchapter;
(3) in consultation and cooperation with the Secretary, develop partnerships with city-wide organizations, and raise and disperse funds for programs that assist mutual aid and benevolent societies, social and pleasure clubs and other traditional groups in encouraging the continuation of and enhancement of jazz cultural traditions;
(4) acquire or lease property for jazz education, and advise on hiring brass bands and musical groups to participate in education programs and help train young musicians;
(5) in consultation and cooperation with the Secretary, provide recommendations for the location of the visitor center and other interpretive sites;
(6) assist the Secretary in providing funds to support research on the origins and early history of jazz in New Orleans; and
(7) notwithstanding any other provision of law, seek and accept donations of funds, property, or services from individuals, foundations, corporations, or other public or private entities and expend and use the same for the purposes of providing services, programs, and facilities for jazz education, or assisting in the rehabilitation and restoration of structures identified in the national historic landmark study referenced in
(d) Appointment
Members of the Commission shall be appointed for staggered terms of 3 years, as designated by the Secretary at the time of the initial appointment.
(e) Chairman
The Commission shall elect a chairman from among its members. The term of the chairman shall be for 3 years.
(f) Terms
Any member of the Commission appointed by the Secretary for a 3-year term may serve after the expiration of his or her term until a successor is appointed. Any vacancy shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy shall serve for the remainder of the term for which the predecessor was appointed.
(g) Per diem expenses
Members of the Commission shall serve without compensation. Members shall be entitled to travel expenses under
(h) Administrative support
The Secretary shall provide the Commission with assistance in obtaining such personnel, equipment, and facilities as may be needed by the Commission to carry out its duties.
(i) Annual report
The Commission shall submit an annual report to the Secretary identifying its expenses and income and the entities to which any grants or technical assistance were made during the year for which the report is made.
(
Section Referred to in Other Sections
This section is referred to in
§410bbb–6. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(
SUBCHAPTER LIX–AA—CANE RIVER CREOLE NATIONAL HISTORICAL PARK AND NATIONAL HERITAGE AREA
Part A—Cane River Creole National Historical Park
§410ccc. Findings and purposes
(a) Findings
The Congress finds that—
(1) the Natchitoches area along Cane River, established in 1714, is the oldest permanent settlement in the Louisiana Purchase territory;
(2) the Cane River area is the locale of the development of Creole culture, from French-Spanish interactions of the early 18th century of today's living communities;
(3) the Cane River, historically a segment of the Red River, provided the focal point for early settlement, serving as a transportation route upon which commerce and communication reached all parts of the colony;
(4) although a number of Creole structures, sites, and landscapes exist in Louisiana and elsewhere, unlike the Cane River area, most are isolated examples, and lack original outbuilding complexes or integrity;
(5) the Cane River area includes a great variety of historical features with original elements in both rural and urban settings and a cultural landscape that represents various aspects of Creole culture, providing the base for a holistic approach to understanding the broad continuum of history within the region;
(6) the Cane River region includes the Natchitoches National Historic Landmark District, composed of approximately 300 publicly and privately owned properties, four other national historic landmarks, and other structures and sites that may meet criteria for landmark significance following further study;
(7) historic preservation within the Cane River area has greatly benefitted from individuals and organizations that have strived to protect their heritage and educate others about their rich history; and
(8) because of the complexity and magnitude of preservation needs in the Cane River area, and the vital need for a culturally sensitive approach, a partnership approach is desirable for addressing the many preservation and educational needs.
(b) Purposes
The purposes of this subchapter are to—
(1) recognize the importance of the Cane River Creole culture as a nationally significant element of the cultural heritage of the United States;
(2) establish a Cane River Creole National Historical Park to serve as the focus of interpretive and educational programs on the history of the Cane River area and to assist in the preservation of certain historic sites along the river; and
(3) establish a Cane River National Heritage Area and Commission to be undertaken in partnership with the State of Louisiana, the City of Natchitoches, local communities and settlements of the Cane River area, preservation organizations, and private landowners, with full recognition that programs must fully involve the local communities and landowners.
(
Short Title
Section 301 of
Section Referred to in Other Sections
This section is referred to in
§410ccc–1. Establishment
(a) In general
In order to assist in the preservation and interpretation of, and education concerning, the Creole culture and diverse history of the Natchitoches region, and to provide technical assistance to a broad range of public and private landowners and preservation organizations, there is hereby established the Cane River Creole National Historical Park in the State of Louisiana (hereinafter in this subchapter referred to as the "historical park").
(b) Area included
The historical park shall consist of lands and interests therein as follows:
(1) Lands and structures associated with the Oakland Plantation as depicted on map CARI, 80,002, dated January 1994.
(2) Lands and structures owned or acquired by Museum Contents, Inc. as depicted on map CARI, 80,001A, dated May 1994.
(3) Sites that may be the subject of cooperative agreements with the National Park Service for the purposes of historic preservation and interpretation including, but not limited to, the Melrose Plantation, the Badin-Rouge site, the Cherokee Plantation, the Beau Fort Plantation, and sites within the Natchitoches National Historical Landmark District: Provided, That such sites may not be added to the historical park unless the Secretary of the Interior (hereinafter referred to as the "Secretary") determines, based on further research and planning, that such sites meet the applicable criteria for national historical significance, suitability, and feasibility, and notification of the proposed addition has been transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the House of Representatives.
(4) Not to exceed 10 acres of land that the Secretary may designate for an interpretive visitor center complex to serve the needs of the historical park and heritage area established in part B of this subchapter.
(
Section Referred to in Other Sections
This section is referred to in
§410ccc–2. Administration
(a) In general
The Secretary shall administer the historical park in accordance with this part and with provisions of law generally applicable to units of the National Park System, including
(b) Donations
The Secretary may accept and retain donations of funds, property, or services from individuals, foundations, or other public or private entities for the purposes of providing programs, services, facilities, or technical assistance that further the purposes of this subchapter. Any funds donated to the Secretary pursuant to this subsection may be expended without further appropriation.
(c) Interpretive center
The Secretary is authorized to construct, operate, and maintain an interpretive center on lands identified by the Secretary pursuant to
(d) Cooperative agreements and technical assistance
(1) The Secretary, after consultation with the Cane River Heritage Area Commission established pursuant to
(2) The Secretary is authorized to enter into cooperative agreements with the City of Natchitoches, the State of Louisiana, and other public or private organizations for the development of the interpretive center, educational programs, and other materials that will facilitate public use of the historical park and heritage area.
(e) Research
The Secretary, acting through the National Park Service, shall coordinate a comprehensive research program on the complex history of the Cane River region, including ethnography studies of the living communities along the Cane River, and how past and present generations have adapted to their environment, including genealogical studies of families within the Cane River area. Research shall include, but not be limited to, the extensive primary historic documents within the Natchitoches and Cane River areas, and curation methods for their care and exhibition. The research program shall be coordinated with Northwestern State University of Louisiana, and the National Center for Preservation of Technology and Training in Natchitoches.
(
Section Referred to in Other Sections
This section is referred to in
§410ccc–3. Acquisition of property
(a) General authority
Except as otherwise provided in this section, the Secretary is authorized to acquire lands and interest therein within the boundaries of the historical park by donation, purchase with donated or appropriated funds, or exchange.
(b) State and local properties
Lands and interests therein that are owned by the State of Louisiana, or any political subdivision thereof, may be acquired only by donation or exchange.
(c) Museum Contents, Inc.
Lands and structures identified in
(d) Cooperative agreement sites
Lands and interests therein that are the subject of cooperative agreements pursuant to
(
§410ccc–4. General management plan
Within 3 years after the date funds are made available therefor and in consultation with the Cane River Heritage Area Commission, the National Park Service shall prepare a general management plan for the historical park. The plan shall include, but need not be limited to—
(1) a visitor use plan indicating programs and facilities that will be provided for public use, including the location and cost of an interpretive center;
(2) programs and management actions that the National Park Service will undertake cooperatively with the heritage area commission, including preservation treatments for important sites, structures, objects, and research materials. Planning shall address educational media, roadway signing, and brochures that could be coordinated with the Commission pursuant to
(3) preservation and use plans for any sites and structures that are identified for National Park Service involvement through cooperative agreements.
(
Part B—Cane River National Heritage Area
Part Referred to in Other Sections
This part is referred to in
§410ccc–21. Establishment
(a) In general
There is hereby established the Cane River National Heritage Area (hereinafter in this part referred to as the "heritage area").
(b) Purpose
In furtherance of the need to recognize the value and importance of the Cane River region and in recognition of the findings of
(1) recognizing areas important to the Nation's heritage and identity;
(2) assisting in the preservation and enhancement of the cultural landscape and traditions of the Cane River region;
(3) providing a framework for those who live within this important dynamic cultural landscape to assist in preservation and educational actions; and
(4) minimizing the need for Federal land acquisition and management.
(c) Area included
The heritage area shall include—
(1) an area approximately 1 mile on both sides of the Cane River as depicted on map CARI, 80,000A, dated May 1994;
(2) those properties within the Natchitoches National Historic Landmark District which are the subject of cooperative agreements pursuant to
(3) the Los Adaes State Commemorative Area;
(4) the Fort Jesup State Commemorative Area;
(5) the Fort St. Jean Baptiste State Commemorative Area; and
(6) the Kate Chopin House.
A final identification of all areas and sites to be included in the heritage area shall be included in the heritage area management plan as required in
(
§410ccc–22. Cane River National Heritage Area Commission
(a) Establishment
To assist in implementing the purposes of this subchapter 1 and to provide guidance for the management of the heritage area, there is established the Cane River National Heritage Area Commission (hereinafter in this part referred to as the "Commission").
(b) Membership
The Commission shall consist of 19 members to be appointed no later than 6 months after November 2, 1994. The Commission shall be appointed by the Secretary as follows—
(1) one member from recommendations submitted by the Mayor of Natchitoches;
(2) one member from recommendations submitted by the Association for the Preservation of Historic Natchitoches;
(3) one member from recommendations submitted by the Natchitoches Historic Foundation, Inc.;
(4) two members with experience in and knowledge of tourism in the heritage area from recommendations submitted by local business and tourism organizations;
(5) one member from recommendations submitted by the Governor of the State of Louisiana;
(6) one member from recommendations submitted by the Police Jury of Natchitoches Parish;
(7) one member from recommendations submitted by the Concern 2 Citizens of Cloutierville;
(8) one member from recommendations submitted by the St. Augustine Historical Society;
(9) one member from recommendations submitted by the Black Heritage Committee;
(10) one member from recommendations submitted by the Los Adaes/Robeline Community;
(11) one member from recommendations submitted by the Natchitoches Historic District Commission;
(12) one member from recommendations submitted by the Cane River Waterway Commission;
(13) two members who are landowners in and residents of the heritage area;
(14) one member with experience and knowledge of historic preservation from recommendations submitted by the Museum Contents, Inc.;
(15) one member with experience and knowledge of historic preservation from recommendations submitted by the President of Northwestern State University of Louisiana;
(16) one member with experience in and knowledge of environmental, recreational and conservation matters affecting the heritage area from recommendations submitted by the Natchitoches Sportsmans Association and other local recreational and environmental organizations; and
(17) the director of the National Park Service, or the Director's designee, ex officio.
(c) Duties of Commission
The Commission shall—
(1) prepare a management plan for the heritage area in consultation with the National Park Service, the State of Louisiana, the City of Natchitoches, Natchitoches Parish, interested groups, property owners, and the public;
(2) consult with the Secretary on the preparation of the general management plan for the historical park;
(3) develop cooperative agreements with property owners, preservation groups, educational groups, the State of Louisiana, the City of Natchitoches, universities, and tourism groups, and other groups to further the purposes of this subchapter; and
(4) identify appropriate entities, such as a non-profit corporation, that could be established to assume the responsibilities of the Commission following its termination.
(d) Powers of Commission
In furtherance of the purposes of this subchapter, the Commission is authorized to—
(1) procure temporary and intermittent services to the same extent that is authorized by
(2) accept the services of personnel detailed from the State of Louisiana or any political subdivision thereof, and may reimburse the State or political subdivision for such services;
(3) upon the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties;
(4) appoint and fix the compensation of such staff as may be necessary to carry out its duties. Staff shall be appointed subject to the provisions of title 5 governing appointments in the competitive service, and shall be paid in accordance with the provisions of
(5) enter into cooperative agreements with public or private individuals or entities for research, historic preservation, and education purposes;
(6) make grants to assist in the preparation of studies that identify, preserve, and plan for the management of the heritage area;
(7) notwithstanding any other provision of law, seek and accept donations of funds or services from individuals, foundations, or other public or private entities and expend the same for the purposes of providing services and programs in furtherance of the purposes of this subchapter;
(8) assist others in developing educational, informational, and interpretive programs and facilities;
(9) hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission may consider appropriate; and
(10) use the United States mails in the same manner and under the same conditions as other departments or agencies of the United States.
(e) Compensation
Members of the Commission shall receive no compensation for their service on the Commission. While away from their homes or regular places of business in the performance of services for the Commission, members 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
(f) Chairman
The Commission shall elect a chairman from among its members. The term of the chairman shall be for 3 years.
(g) Terms
The terms of Commission members shall be for 3 years. Any member of the Commission appointed by the Secretary for a 3-year term may serve after expiration of his or her term until a successor is appointed. Any vacancy shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy shall serve for the remainder of the term for which the predecessor was appointed.
(h) Annual reports
The Commission shall submit an annual report to the Secretary identifying its expenses and any income, the entities to which any grants or technical assistance were made during the year for which the report is made, and actions that are planned for the following year.
(
References in Text
This subchapter, referred to in subsec. (a), was in the original "titles II and III of this Act" and was translated as reading "titles III and IV of this Act" meaning titles III and IV of
The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (d)(4), are classified generally to
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§410ccc–23. Preparation of plan
(a) In general
Within 3 years after the Commission conducts its first meeting, it shall prepare and submit a heritage area management plan to the Governor of the State of Louisiana. The Governor shall, if the Governor approves the plan, submit it to the Secretary for review and approval. The Secretary shall provide technical assistance to the Commission in the preparation and implementation of the plan, in concert with actions by the National Park Service to prepare a general management plan for the historical park. The plan shall consider local government plans and shall present a unified heritage preservation and education plan for the heritage area. The plan shall include, but not be limited to—
(1) an inventory of important properties and cultural landscapes that should be preserved, managed, developed, and maintained because of their cultural, natural, and public use significance;
(2) an analysis of current land uses within the area and how they affect the goals of preservation and public use of the heritage area;
(3) an interpretive plan to address the cultural and natural history of the area, and actions to enhance visitor use. This element of the plan shall be undertaken in consultation with the National Park Service and visitor use plans for the historical park;
(4) recommendations for coordinating actions by local, State, and Federal governments within the heritage area, to further the purposes of this subchapter; and
(5) an implementation program for the plan including desired actions by State and local governments and other involved groups and entities.
(b) Approval of plan
The Secretary shall approve or disapprove the plan within 90 days after receipt of the plan from the Commission. The Commission shall notify the Secretary of the status of approval by the Governor of Louisiana when the plan is submitted for review and approval. In determining whether or not to approve the plan the Secretary shall consider—
(1) whether the Commission has afforded adequate opportunity, including public meetings and hearings, for public and governmental involvement in the preparation of the plan; and
(2) whether reasonable assurances have been received from the State and local governments that the plan is supported and that the implementation program is feasible.
(c) Disapproval of plan
If the Secretary disapproves the plan, he shall advise the Commission in writing of the reasons for disapproval, and shall provide recommendations and assistance in the revision plan. Following completion of any revisions to the plan, the Commission shall resubmit the plan to the Governor of Louisiana for approval, and to the Secretary, who shall approve or disapprove the plan within 90 days after the date that the plan is revised.
(
Section Referred to in Other Sections
This section is referred to in
§410ccc–24. Termination of Heritage Area Commission
(a) Termination
The Commission shall terminate on the day occurring 10 years after the first official meeting of the Commission.
(b) Extension
The Commission may petition to be extended for a period of not more than 5 years beginning on the day referred to in subsection (a) of this section, provided the Commission determines a critical need to fulfill the purposes of this subchapter; and the Commission obtains approval from the Secretary, in consultation with the Governor of Louisiana.
(c) Heritage area management following termination of Commission
The national heritage area status for the Cane River region shall continue following the termination of the Commission. The management plan, and partnerships and agreements subject to the plan shall guide the future management of the heritage area. The Commission, prior to its termination, shall recommend to the Governor of the State of Louisiana and the Secretary, appropriate entities, including the potential for a nonprofit corporation, to assume the responsibilities of the Commission.
(
§410ccc–25. Duties of other Federal agencies
Any Federal entity conducting or supporting activities directly affecting the heritage area shall—
(1) consult with the Secretary and the Commission with respect to implementation of their proposed actions; and
(2) to the maximum extent practicable, coordinate such activities with the Commission to minimize potential impacts on the resources of the heritage area.
(
§410ccc–26. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(
SUBCHAPTER LX—NATIONAL MILITARY PARKS
Cross References
Purchase of real estate for future military parks, see
§411. Military maneuvers
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,
Change of Name
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,
Transfer of Functions
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
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,
Secretary of the Air Force
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.
§412. Camps for military instruction; regulations for militia
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,
Change of Name
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,
Secretary of the Air Force
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.
§413. Offenses relating to structures and vegetation
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,
§414. Trespassing for hunting, or shooting
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,
§415. Repealed. Pub. L. 91–383, §10(a)(1), as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1941
Section, act Mar. 3, 1897, ch. 372, §§3, 5,
§416. Refusal to surrender leased land; recovery
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,
§417. Omitted
Codification
Section, act Aug. 18, 1894, ch. 301, §1,
§418. Repealed. Feb. 20, 1931, ch. 235, 46 Stat. 1191
Section, act Mar. 3, 1925, ch. 418,
§419. Transferred
Codification
Section, act Feb. 15, 1901, ch. 372,
§420. Rights-of-way through military and other reservations for power and communications facilities
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,
Repeals
Section repealed by
Codification
Section, insofar as it relates to right-of-way in national parks and other reservations, is also set out as
Amendments
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.
Savings Provision
Repeal by
Cross References
Issuance of licenses for construction, operation, and maintenance of transmission lines, for development, transmission, and utilization of power, across public lands and reservations, see
§421. Vacancies occurring in commissions in charge of parks not to be filled
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,
Change of Name
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,
Transfer of Functions
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
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,
Secretary of the Air Force
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.
§422. Moores Creek National Battlefield; establishment
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,
Change of Name
In the first undesignated par., "battlefield" substituted for "military park" and in last undesignated par., "Battlefield" substituted for "Military Park" on authority of
Section Referred to in Other Sections
This section is referred to in
§422a . Acceptance of lands
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
(June 2, 1926, ch. 448, §2,
Change of Name
"Battlefield" substituted in text for "Military Park" on authority of
Transfer of Functions
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
§422a–1 . Acquisition of property
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,
Amendments
1974—
Change of Name
"Battlefield" substituted in text for "Military Park" on authority of
Section Referred to in Other Sections
This section is referred to in
§422a–2 . Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of
(Sept. 27, 1944, ch. 417, §2, as added Oct. 26, 1974,
§422b . Duties of Secretary of the Interior
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,
Change of Name
"Battlefield" and "battlefield" substituted in text for "Military Park" and "park", respectively, on authority of
Transfer of Functions
Transfer of administrative functions of park, see note set out under
§422c . Ascertaining and marking of lines of battle
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,
Change of Name
"Battlefield" substituted in text for "Military Park" on authority of
Transfer of Functions
Transfer of administrative functions of park, see note set out under
§422d . Monuments, etc., protected
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,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
§423 . Petersburg National Battlefield; establishment
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,
Change of Name
"National battlefield" substituted in text for "national military park" in view of redesignation of Petersburg National Military Park as Petersburg National Battlefield by
Transfer of Functions
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
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,
Transfer of Portion of Lands to Secretary of the Army
Act June 5, 1942, ch. 345,
Section Referred to in Other Sections
This section is referred to in
§423a . Acceptance of donations of lands
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,
Change of Name
"Petersburg National Battlefield" substituted in text for "Petersburg National Military Park" pursuant to
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§423a–1 . Addition of lands
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,
Change of Name
"Petersburg National Battlefield" substituted in text for "Petersburg National Military Park" pursuant to
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§423a–2 . Adjustment of boundary
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,
Change of Name
"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
Section Referred to in Other Sections
This section is referred to in
§423b . Commission; organization
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,
Change of Name
"Petersburg National Battlefield" substituted in text for "Petersburg National Military Park" pursuant to
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§423c . Duties of commission
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
(July 3, 1926, ch. 746, §4,
Change of Name
"Battlefield" substituted in text for "park" in view of redesignation of Petersburg National Military Park as Petersburg National Battlefield by
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§423d . Acceptance and disposition of gifts
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
(July 3, 1926, ch. 746, §5,
Change of Name
"Petersburg National Battlefield" substituted in text for "Petersburg National Military Park" pursuant to
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§423e . Ascertaining and marking lines of battle
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,
Change of Name
"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
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§423f . Protection of monuments, etc.
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,
Change of Name
"Battlefield" substituted for "park" wherever appearing in text, in view of redesignation of Petersburg National Military Park as Petersburg National Battlefield by
"United States magistrate judge" substituted for "United States magistrate" wherever appearing in text pursuant to section 321 of
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§423g . Rules and regulations
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,
Change of Name
"Battlefield" substituted in text for "park" in view of redesignation of Petersburg National Military Park as Petersburg National Military Battlefield by
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§423h . Report of completion; superintendent of battlefield
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,
Change of Name
"Battlefield" substituted in text for "park" in view of redesignation of Petersburg National Military Park as Petersburg National Military Battlefield by
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§423h–1 . Redesignation of park
The Petersburg National Military Park, established under authority of
(
Section Referred to in Other Sections
This section is referred to in
§423h–2 . Acquisition of lands; publication in Federal Register; administration
The Secretary of the Interior, in furtherance of the purposes of
(
Section Referred to in Other Sections
This section is referred to in
§423h–3 . Authorization of appropriation
There are authorized to be appropriated such sums, but not more than $90,000, as are necessary to acquire land pursuant to
(
§423i. Omitted
Codification
Section, act July 3, 1926, ch. 746, §10,
§423j. Richmond National Battlefield Park; establishment
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,
§423k. Acceptance of donations of lands and funds; acquisition of lands
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
(Mar. 2, 1936, ch. 113, §2,
References in Text
Herein, referred to in text, means act Mar. 2, 1936, which is classified to this section and
§423l. Administration, protection, and development
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
(Mar. 2, 1936, ch. 113, §3,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§423m. Eutaw Springs Battlefield Site; establishment; purpose
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,
§423n. Acceptance of lands and funds; acquisition of lands
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
(June 26, 1936, ch. 840, §2,
References in Text
§423o. Administration, protection, and development
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
(June 26, 1936, ch. 840, §3,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§424. Chickamauga and Chattanooga National Military Park
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,
Codification
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.
Transfer of Functions
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
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,
§424a. Acceptance of donations of lands
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,
Section Referred to in Other Sections
This section is referred to in
§424a–1. Acceptance of donations of lands and other property on Signal Mountain
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,
§424a–2. Conveyance of portion of park to Georgia
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,
§424a–3. Addition of surplus Government lands; publication of notice; effective date
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,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
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.
§424a–4. Acquisition of additional lands
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,
§424b. Application of laws to donated lands
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
(May 4, 1934, ch. 218, §2,
§425. Fredericksburg and Spotsylvania County Battle Fields Memorial; establishment
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
(Feb. 14, 1927, ch. 127, §1,
References in Text
Act June 7, 1924, ch. 339,
Transfer of Functions
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
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,
Section Referred to in Other Sections
This section is referred to in
§425a. Acquisition of lands
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
(Feb. 14, 1927, ch. 127, §2,
References in Text
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§425b. Leasing lands for memorial
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,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§425c. Commission; organization
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,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§425d. Duties of commission
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
(Feb. 14, 1927, ch. 127, §5,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Cross References
Classification, appropriation, and disbursement of Fredericksburg and Spotsylvania County Battle Fields memorial fund, see
Section Referred to in Other Sections
This section is referred to in
§425e. Acceptance and distribution of gifts
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
(Feb. 14, 1927, ch. 127, §6,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Cross References
Classification, appropriation, and disbursement of Fredericksburg and Spotsylvania County Battle Fields memorial fund, see
Section Referred to in Other Sections
This section is referred to in
§425f. Ascertaining and marking lines of battle
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,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§425g. Protection of monuments, etc.
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,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§425h. Rules and regulations
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,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§425i. Report of completion of acquisition of land and work of commission; superintendent of park
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,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§425j. Authorization of appropriation
To enable the Secretary of the Interior to begin to carry out the provisions of
(Feb. 14, 1927, ch. 127, §11,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§425k. Revision of park boundaries
(a) Boundary revision
In furtherance of the purposes of
(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
(
Amendment of Subsection (a)
Effective Date of 1992 Amendment
Section 2(a)(2) of
Short Title
Section 1 of
Congressional Findings Relating to Park Expansion
Section 1 of
Acquisition of Certain Lands by Donation Only
Section 2(b) of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "Spotsylvania".
§425l. Acquisitions and conveyances
(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
(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
(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 Referred to in Other Sections
This section is referred to in
§425m. Retained rights
(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
(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.
(
Section Referred to in Other Sections
This section is referred to in
§425n. Interpretation
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.
(
Section Referred to in Other Sections
This section is referred to in
§425o. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of
(
Section Referred to in Other Sections
This section is referred to in
§426. Stones River National Battlefield; establishment; appointment of commission
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,
Change of Name
Stones River National Military Park redesignated Stones River National Battlefield by
Transfer of Functions
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
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,
Section Referred to in Other Sections
This section is referred to in
§426a. Qualifications of members of commission
In appointing the members of the commission created by
(Mar. 3, 1927, ch. 374, §2,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§426b. Duties of commission
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,
Codification
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 Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§426c. Assistants to commission; expenses of commission
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
(Mar. 3, 1927, ch. 374, §4,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§426d. Receipt of report of commission by Secretary of the Interior; acquisition of land for battlefield; other duties of Secretary
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,
Amendments
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.
Change of Name
"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
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§426e. Lands acquired declared national battlefield; name
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
(Mar. 3, 1927, ch. 374, §6,
Change of Name
"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
Section Referred to in Other Sections
This section is referred to in
§426f. Control of battlefield; regulations
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,
Change of Name
"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
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§426g. Occupation of lands by former owners
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,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§426h. Ascertaining and marking lines of battle
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,
Change of Name
"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
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§426i. Protection of monuments, etc.
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,
Change of Name
"Battlefield" substituted in text for "park" in view of redesignation of Stones River National Military Park as Stones River National Battlefield by
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§426j. Authorization of appropriation; fixing of boundaries as condition to purchase of lands
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
(Mar. 3, 1927, ch. 374, §11,
Change of Name
"Battlefield" substituted in text for "park" in view of redesignation of Stones River National Military Park as Stones River National Battlefield by
Section Referred to in Other Sections
This section is referred to in
§426k. Acquisition of additional lands
In furtherance of the purposes of
(
Change of Name
"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
§426l. Redesignation; availability of appropriations
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.
(
§426m. Administration, protection and development
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
(
§426n. Boundary revision of Stones River National Battlefield
(a) Expansion of Stones River National Battlefield
In furtherance of
(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
(2)(A) Before acquiring any lands under
(B) The Secretary shall not acquire any lands under
(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
(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.
(
References in Text
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,
Amendments
1994—Subsec. (b)(2)(A).
1991—Subsec. (a).
Subsec. (b).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§426o. Agreement with Murfreesboro, Tennessee, respecting battlefield
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.
(
Amendments
1991—
Section Referred to in Other Sections
This section is referred to in
§426o–1. Planning
(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
(
Prior Provisions
A prior section 3 of
Amendments
1994—Subsec. (d).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§426p. Authorization of appropriations
There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of
(
Section Referred to in Other Sections
This section is referred to in
§427. Site of battle with Sioux Indians; purchase; erection of monument
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,
§427a. Omitted
Codification
Section, act Apr. 14, 1926, ch. 138, §2,
§428. Fort Donelson National Battlefield; establishment; appointment of commission
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,
Change of Name
"Fort Donelson National Military Park" redesignated "Fort Donelson National Battlefield" by
Transfer of Functions
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
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,
Section Referred to in Other Sections
This section is referred to in
§428a. Qualifications of members of commission
In appointing the members of the commission created by
(Mar. 26, 1928, ch. 248, §2,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§428b. Duties of commission
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,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§428c. Assistants to commission; expenses of commission
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,
References in Text
Herein, referred to in text, means act Mar. 26, 1928, which is classified to
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§428d. Receipt of report of commission by Secretary of the Interior; acquisition of land for battlefield; other duties of Secretary
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,
Amendments
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.
Change of Name
"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
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§428d–1. Acquisition of additional lands
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,
Change of Name
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,
"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
Section Referred to in Other Sections
This section is referred to in
§428d–2. Acceptance of donations by Secretary of the Interior
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
(Aug. 30, 1937, ch. 888, §2,
Change of Name
"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
Section Referred to in Other Sections
This section is referred to in
§428d–3. Administration, protection, and development
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
(Aug. 30, 1937, ch. 888, §3,
Change of Name
"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
§428e. Lands acquired declared national battlefield; name
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
(Mar. 26, 1928, ch. 248, §6,
Change of Name
"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
Section Referred to in Other Sections
This section is referred to in
§428f. Control of battlefield; regulations
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,
Change of Name
"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
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§428g. Occupation of lands by former owners
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,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§428h. Ascertaining and marking line of battle
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,
Change of Name
"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
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§428i. Protection of monuments, etc.
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,
Change of Name
"Battlefield" substituted for "park" wherever appearing in text in view of redesignation of Fort Donelson National Military Park as Fort Donelson National Battlefield by
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§428j. Omitted
Codification
Section, act Mar. 26, 1928, ch. 248, §11,
§428k. Addition of lands
In furtherance of the purposes of
(
Change of Name
"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
Section Referred to in Other Sections
This section is referred to in
§428l. Acquisition of lands; agreement for transfer of jurisdiction
Within the area designated for addition to such battlefield under
(
Change of Name
"Battlefield" substituted in text for "park" in view of redesignation of Fort Donelson National Military Park as Fort Donelson National Battlefield by
Section Referred to in Other Sections
This section is referred to in
§428m. Authorization of appropriation
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
(
Amendments
1972—
Section Referred to in Other Sections
This section is referred to in
§428n. Change in name to Fort Donelson National Battlefield
Upon acquisition of the additional lands pursuant to authority contained in
(
Section Referred to in Other Sections
This section is referred to in
§428o. Administration, protection, and development
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
(
Section Referred to in Other Sections
This section is referred to in
§429. Brices Cross Roads and Tupelo battlefields in Mississippi; establishment
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,
Change of Name
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,
Section Referred to in Other Sections
This section is referred to in
§429a. Jurisdiction and control; authorization of annual appropriation
Each parcel of land acquired under
(Feb. 21, 1929, ch. 289, §3,
Transfer of Functions
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
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,
Section Referred to in Other Sections
This section is referred to in
§429a–1. Tupelo National Battlefield; acquisition of additional lands
To further the purposes of
(
§429a–2. Change in name to Tupelo National Battlefield; administration
The Tupelo National Battlefield site is redesignated the Tupelo National Battlefield which shall continue to be administered pursuant to
(
§429b. Manassas National Battlefield Park
(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
(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
(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
(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,
References in Text
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,
Amendments
1988—
1980—
Short Title of 1988 Amendment
Section 10001 of title X of
Short Title
Section 1 of
Highway Relocation
Section 10004 of
"(a)
"(b)
"(c)
"(d)
Section Referred to in Other Sections
This section is referred to in
§429b–1. Acquisition and use of lands
(a) Acquisition of property or interests in property; scenic preservation of views
(1) In order to effectuate the purposes of
(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
(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,
Amendments
1988—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§429b–2. Retention of right of use and occupation of improved property by owner
(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
(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
(Apr. 17, 1954, ch. 153, §3, as added Oct. 13, 1980,
Section Referred to in Other Sections
This section is referred to in
§429b–3. Definitions
For purposes of
(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
(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,
Section Referred to in Other Sections
This section is referred to in
§429b–4. Funds from Land and Water Conservation Fund
(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 [
(b) Completion of acquisition in two years
It is the express intent of Congress that, except for property referred to in
(Apr. 17, 1954, ch. 153, §5, as added Oct. 13, 1980,
References in Text
The Land and Water Conservation Fund Act of 1965, referred to in subsec. (a), is
Section Referred to in Other Sections
This section is referred to in
§429b–5. Funding limitations; contracting authority, etc.
(a) Effective date of authorizations
Authorizations of moneys to be appropriated under
(b) Authority limited by appropriations
Notwithstanding any other provision of
(Apr. 17, 1954, ch. 153, §6, as added Oct. 13, 1980,
Section Referred to in Other Sections
This section is referred to in
§430. Kings Mountain National Military Park; establishment
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
(Mar. 3, 1931, ch. 437, §1,
Section Referred to in Other Sections
This section is referred to in
§430a. Acquisition of land
The Secretary of the Interior shall ascertain on what land the Battle of Kings Mountain was fought and, subject to the provisions of
(Mar. 3, 1931, ch. 437, §2,
References in Text
Transfer of Functions
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
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,
Section Referred to in Other Sections
This section is referred to in
§430a–1. Revision of boundaries
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.
(
Section Referred to in Other Sections
This section is referred to in
§430a–2. Acquisition of lands within revised boundary
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
(
References in Text
The Federal Property and Administrative Services Act of 1949, as amended, referred to in text, is act June 30, 1949, ch. 288,
Section Referred to in Other Sections
This section is referred to in
§430a–3. Applicability of laws and regulations to acquired lands and interests therein
Lands and interests therein acquired pursuant to
(
Section Referred to in Other Sections
This section is referred to in
§430b. Control; regulations for care and management
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,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§430c. Permits to occupy land
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,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§430d. Repair of roads; historical markers
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,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§430e. Monuments and tablets within park; approval
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,
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Section Referred to in Other Sections
This section is referred to in
§430f. Shiloh National Military Park
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,
Codification
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.
Amendments
1966—
Transfer of Functions
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
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,
Exchange of Lands
Act June 25, 1947, ch. 126,
"
§430f–1. Conveyance of lands
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.
(
§430f–2. Conveyance of right-of-way; construction and maintenance of roadways
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.
(
§430f–3. Conveyance of lands for recreational area; development and use
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.
(
§430f–4. Jurisdiction of lands
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.
(
References in Text
Herein, referred to in text, means
§430g. Gettysburg National Military Park
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,
Amendments
1966—
Transfer of Functions
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
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,
Acquisition of Additional Lands for Gettysburg National Military Park; Study and Report
"(a)
"(b)
Section Referred to in Other Sections
This section is referred to in
§430g–1. Exchange of lands
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,
§430g–2. Exchange of lands
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,
§430g–3. Donation of non-Federal lands
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.
(
§430g–4. Gettysburg National Military Park boundary revision
(a) Lands included in park
In furtherance of the purposes of
(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 Referred to in Other Sections
This section is referred to in
§430g–5. Acquisition and disposal of lands
(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
(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
(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
(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
(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
(
References in Text
Section Referred to in Other Sections
This section is referred to in
§430g–6. Agreements with respect to monuments and tablets located outside park boundary
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 Referred to in Other Sections
This section is referred to in
§430g–7. Conservation within Gettysburg Battlefield historic district
(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 (
(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
(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 [
(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.
(
References in Text
The National Historic Preservation Act, referred to in subsec. (f)(1), is
Section Referred to in Other Sections
This section is referred to in
§430g–8. Advisory Commission
(a) Establishment
There is hereby established the Gettysburg National Military Park Advisory Commission (hereafter in
(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
(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.
(
References in Text
Section 14 of the Federal Advisory Committee Act, referred to in subsec. (e), is section 14 of
Section Referred to in Other Sections
This section is referred to in
§430g–9. Interpretation
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.
(
Section Referred to in Other Sections
This section is referred to in
§430g–10. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of
(
Section Referred to in Other Sections
This section is referred to in
§430h. Vicksburg National Military Park
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,
Amendments
1966—
Change of Name
"United States magistrate judge" and "magistrate judge" substituted for "United States magistrate" and "magistrate", respectively, wherever appearing in text pursuant to section 321 of
Transfer of Functions
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
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,
§430h–1. Donations of land and property
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,
§430h–2. Exchange of certain lands authorized
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.
(
§430h–3. Consolidation of lands and installation of park tour road
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.
(
Section Referred to in Other Sections
This section is referred to in
§430h–4. Jurisdiction over lands and roads
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.
(
Section Referred to in Other Sections
This section is referred to in
§430h–5. Authorization of appropriations
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
(
Amendments
1976—
§430h–6. Addition of lands to Vicksburg National Military Park
(a) Grant's Canal, Louisiana
The Secretary of the Interior (hereinafter in
(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
(
Section Referred to in Other Sections
This section is referred to in
§430h–7. Exclusion of lands from park
(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 [
(
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (c), is act June 30, 1949, ch. 288,
Section Referred to in Other Sections
This section is referred to in
§430h–8. Park interpretation
In administering Vicksburg National Military Park, the Secretary shall interpret the campaign and siege of Vicksburg from April 1862 to July 4, 1863, and the history of Vicksburg under Union occupation during the Civil War and Reconstruction.
(
Section Referred to in Other Sections
This section is referred to in
§430h–9. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of
(
Section Referred to in Other Sections
This section is referred to in
§430i. Guilford Courthouse National Military Park
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,
Amendments
1966—
Transfer of Functions
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
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,
Abolition of Commission
Act Oct. 9, 1942, ch. 583,
§430j. Monocacy National Battlefield; establishment
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,
Amendments
1980—
1976—
Section Referred to in Other Sections
This section is referred to in
§430k. Condemnation proceedings; purchase without condemnation; acceptance of donations of land
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
(June 21, 1934, ch. 694, §2,
References in Text
Amendments
1976—
Change of Name
"Battlefield" substituted in text for "park" in view of redesignation of Monocacy National Military Park as Monocacy National Battlefield by
Section Referred to in Other Sections
This section is referred to in
§430l. Leases with preceding owners of acquired lands; conditions
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
(June 21, 1934, ch. 694, §3,
Amendments
1976—
Section Referred to in Other Sections
This section is referred to in
§430m. Administration
The administration, development, preservation, and maintenance of the battlefield shall be exercised by the Secretary of the Interior in accordance with
(June 21, 1934, ch. 694, §4,
Amendments
1976—
Section Referred to in Other Sections
This section is referred to in
§430n. Repealed. Pub. L. 94–578, title III, §319(5), Oct. 21, 1976, 90 Stat. 2738
Section, act June 21, 1934, ch. 694, §5,
§430o. Gifts and donations; acceptance by Secretary
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
(June 21, 1934, ch. 694, §6,
Amendments
1976—
Section Referred to in Other Sections
This section is referred to in
§430p. Right of States to enter and mark battle lines
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,
Amendments
1976—
Section Referred to in Other Sections
This section is referred to in
§430q. Offenses
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,
Amendments
1976—
Change of Name
"United States magistrate judge" substituted for "United States magistrate" wherever appearing in text pursuant to section 321 of
Section Referred to in Other Sections
This section is referred to in
§430r. Rules and regulations
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,
Section Referred to in Other Sections
This section is referred to in
§430s. Authorization of appropriations
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
(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,
Amendments
1976—
Change of Name
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 No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Authorization of Appropriations for Additional Land Acquisition
Section Referred to in Other Sections
This section is referred to in
§430t. Kennesaw Mountain National Battlefield Park; establishment
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,
§430u. Donations of land; purchase and condemnation
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
(June 26, 1935, ch. 315, §2,
References in Text
§430v. Monuments and memorials; regulations; historical markers
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,
§430w. Administration, protection, and development
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
(June 26, 1935, ch. 315, §4,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§430x. Authorization of appropriations; authorization to expand boundaries
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,
References in Text
Herein, referred to in text, means act June 26, 1935, ch. 315,
Amendments
1939—Act Aug. 9, 1939, inserted proviso.
Appropriation
Additional $55,000 was appropriated by section 2 of act Aug. 9, 1939.
§430y. Spanish War Memorial Park; establishment
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,
Section Referred to in Other Sections
This section is referred to in
§430z. Monument within park; construction authorized
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,
Section Referred to in Other Sections
This section is referred to in
§430z–1. Landscaping park; employment of architects and engineers
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
(Aug. 20, 1935, ch. 575, §3,
Codification
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,
As to the compensation of such personnel, sections 1202 and 1204 of the Classification Act of 1949,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§430z–2. Memorials within park; erection authorized
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,
Section Referred to in Other Sections
This section is referred to in
§430z–3. Administration, protection, and development
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,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§430aa. Pea Ridge National Military Park; establishment
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,
Section Referred to in Other Sections
This section is referred to in
§430bb. Determination of desirable areas
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
(July 20, 1956, ch. 653, §2,
Section Referred to in Other Sections
This section is referred to in
§430cc. Administration, protection, and development; improvements
(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
(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,
Section Referred to in Other Sections
This section is referred to in
§430dd. Dedication
(July 20, 1956, ch. 653, §4,
Section Referred to in Other Sections
This section is referred to in
§430ee. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of
(July 20, 1956, ch. 653, §5,
Section Referred to in Other Sections
This section is referred to in
§430ff. Horseshoe Bend National Military Park; establishment
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,
Section Referred to in Other Sections
This section is referred to in
§430gg. Determination of desirable areas
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
(July 25, 1956, ch. 729, §2,
Section Referred to in Other Sections
This section is referred to in
§430hh. Administration, protection, and development; improvements
(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
(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,
Section Referred to in Other Sections
This section is referred to in
§430ii. Dedication
(July 25, 1956, ch. 729, §4,
Proc. No. 3308. Establishment of Park
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 (
WHEREAS section 2 of that act [
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 (
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 (NE¼), northeast quarter of northwest quarter (NE¼ of NW¼), northeast quarter of southeast quarter (NE¼ of SE¼), 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 (NE¼), northeast quarter of northwest quarter (NE¼ of NW¼), northeast quarter of southeast quarter (NE¼ of SE¼), 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.
[
Dwight D. Eisenhower.
Section Referred to in Other Sections
This section is referred to in
§430jj. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of
(July 25, 1956, ch. 729, §5,
Section Referred to in Other Sections
This section is referred to in
§430kk. Wilson's Creek National Battlefield; establishment; acquisition of lands
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
(
Section Referred to in Other Sections
This section is referred to in
§430ll. Designation
(a) Administration, protection, and development
The lands acquired under
(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.
(
Amendments
1970—
Section Referred to in Other Sections
This section is referred to in
§430mm. Authorization of appropriations
For development of the Wilson's Creek National Battlefield, there are authorized to be appropriated not more than $5,640,000.
(
Amendments
1978—
1970—
Section Referred to in Other Sections
This section is referred to in
§430nn. Antietam Battlefield site; acquisition of lands, buildings, structures, and other property
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
(May 14, 1940, ch. 191,
References in Text
Antietam National Battlefield Site Redesignated as Antietam National Battlefield; Boundary Revision
Section Referred to in Other Sections
This section is referred to in
§430oo. Acquisition of lands for preservation, protection and improvement; limitation
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
(
Amendments
1988—
1975—
Scenic Easements; Acquisition
§430pp. Fort Necessity National Battlefield; acquisition of land
In furtherance of the purposes of the Act of March 4, 1931 (
(
References in Text
Act of March 4, 1931 (
Section Referred to in Other Sections
This section is referred to in
§430qq. Exchange of lands
The Secretary of the Interior, in order to implement the purposes of
(
Section Referred to in Other Sections
This section is referred to in
§430rr. Change in name to Fort Necessity National Battlefield
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.
(
Section Referred to in Other Sections
This section is referred to in
§430ss. Administration, protection, and development
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
(
Section Referred to in Other Sections
This section is referred to in
§430tt. Authorization of appropriation
There are authorized to be appropriated such sums, but not more than $722,000 as are necessary to carry out the provisions of
(
Amendments
1974—
Section Referred to in Other Sections
This section is referred to in
§430uu. Big Hole National Battlefield; redesignation of monument
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.
(
References in Text
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 (
Section Referred to in Other Sections
This section is referred to in
§430uu–1. Revision of boundaries
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:
montana principal meridian
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.
(
Section Referred to in Other Sections
This section is referred to in
§430uu–2. Acquisition of land; exclusion from Beaverhead National Forest; administration
(a) The Secretary of the Interior may acquire by donation, purchase, exchange, or otherwise, lands and interests in lands within the area described in
(b) Any lands described in
(c) Lands included in the Big Hole National Battlefield pursuant to
(
Section Referred to in Other Sections
This section is referred to in
§430uu–3. Jurisdiction
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.
(
Section Referred to in Other Sections
This section is referred to in
§430uu–4. Authorization of appropriation
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
(
Amendments
1972—
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER LXI—NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
Cross References
Protection of timber upon national monuments from fire, disease, or insect ravages, see
§431. National monuments; reservation of lands; relinquishment of private claims
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,
Short Title
Act June 8, 1906, ch. 3060,
National Monument Commission
Act Aug. 31, 1954, ch. 1160,
Ackia Battleground National Monument, Mississippi [see |
Admiralty Island National Monument, Alaska [Monument established within Tongass National Forest by |
Andrew Johnson National Monument, Tennessee [Monument redesignated Andrew Johnson National Historical Site, see section 450o of this title].—Proc. No. 2554, Apr. 27, 1942, |
Aniakchak National Monument, Alaska [Monument established as unit of National Park System, see |
Arches National Monument, Utah [Monument abolished and funds made available to Arches National Park, see |
Aztec Ruins National Monument, New Mexico.—Proc. No. 1650, Jan. 24, 1923, |
Badlands National Monument, South Dakota [Monument redesignated Badlands National Park, see |
Bandelier National Monument, New Mexico.—Proc. No. 1322, Feb. 11, 1916, |
Becharof National Monument, Alaska.—Proc. No. 4613, Dec. 1, 1978, |
Bering Land Bridge National Monument, Alaska.—Proc. No. 4614, Dec. 1, 1978, |
Big Hole Battlefield National Monument, Montana [Monument redesignated Big Hole National Battlefield, see |
Black Canyon of the Gunnison National Monument, Colorado.—Proc. No. 2033, Mar. 2, 1933, |
Bryce Canyon National Monument, Utah.—Proc. No. 1664, June 8, 1923, |
Buck Island Reef National Monument, Virgin Islands.—Proc. No. 3443, Dec. 28, 1961, |
Cabrillo National Monument, California.—Proc. No. 1255, Oct. 14, 1913, |
Canyon De Chelly National Monument, Arizona [see |
Cape Krusenstern National Monument, Alaska [Monument established as unit of National Park System, see |
Capitol Reef National Monument, Utah [Monument abolished and funds made available to Capitol Reef National Park, see |
Capulin Volcano National Monument, New Mexico [see |
Carlsbad Cave National Monument, New Mexico [Monument redesignated Carlsbad Caverns National Park, see |
Casa Grande National Monument, Arizona.—Proc. No. 1470, Aug. 3, 1918, |
Castillo de San Marcos National Monument, Florida [Monument changed from Fort Marion National Monument by act June 5, 1942, ch. 337, |
Castle Pinckney National Monument, South Carolina.—Proc. No. 1713, Oct. 15, 1924, |
Cedar Breaks National Monument, Utah.—Proc. No. 2054, Aug. 22, 1933, |
Chaco Canyon National Monument, New Mexico [Monument abolished and funds made available to Chaco Culture National Historical Park, see |
Channel Islands National Monument, California [Monument abolished and incorporated in Channel Islands National Park, see |
Chesapeake and Ohio Canal National Monument, Maryland.—Proc. No. 3391, Jan. 18, 1961, |
Chiricahua National Monument, Arizona.—Proc. No. 1692, Apr. 18, 1924, |
Cinder Cone National Monument, California.—Proc. No. 753, May 6, 1907, |
Colonial National Monument, Virginia [Monument redesignated Colonial National Historical Park, see |
Colorado National Monument, Colorado.—Proc. No. 1126, May 24, 1911, |
Craters of the Moon National Monument, Idaho.—Proc. No. 1694, May 2, 1924, |
Death Valley National Monument, California and Nevada [Monument abolished and incorporated in Death Valley National Park, see |
Denali National Monument, Alaska.—Proc. No. 4616, Dec. 1, 1978, |
Devil Postpile National Monument, California.—Proc. No. 1166, July 6, 1911, |
Devils Tower National Monument, Wyoming.—Proc. No. 658, Sept. 24, 1906, |
Dinosaur National Monument, Utah-Colorado.—Proc. No. 1313, Oct. 4, 1915, |
Edison Laboratory National Monument, New Jersey [Monument and Edison Home National Historic Site together with certain adjacent lands redesignated Edison National Historic Site by |
Effigy Mounds National Monument, Iowa.—Proc. No. 2860, Oct. 25, 1949, 64 Stat. |
El Morro National Monument, New Mexico.—Proc. No. 695, Dec. 8, 1906, |
Fort Jefferson National Monument, Florida [Monument abolished and incorporated in Dry Tortugas National Park, see |
Fort Laramie National Monument, Wyoming [Monument redesignated Fort Laramie Historic Site by |
Fort Marion National Monument, Florida [Monument redesignated Castillo de San Marcos National Monument by act June 5, 1942, ch. 337, |
Fort Matanzas National Monument, Florida.—Proc. No. 1713, Oct. 15, 1924, |
Fort Niagara National Monument, New York.—Proc. No. 1745, Sept. 5, 1925, |
Fort Pulaski National Monument, Georgia.—Proc. No. 1713, Oct. 15, 1924, |
Fort Wood National Monument, New York.—Proc. No. 1713, Oct. 15, 1924, |
Fossil Cycad National Monument, South Dakota.—Proc. No. 1641, Oct. 21, 1922, |
Gates of the Arctic National Monument, Alaska.—Proc. No. 4617, Dec. 1, 1978, |
Gila Cliff-Dwellings National Monument, New Mexico.—Proc. No. 781, Nov. 16, 1907, |
Glacier Bay National Monument, Alaska [Monument redesignated Glacier Bay National Park, see |
Grand Canyon National Monument, Arizona.—Proc. No. 794, Jan. 11, 1908, |
Gran Quivira National Monument, New Mexico [Monument abolished and funds made available to Salinas National Monument by |
Great Sand Dunes National Monument, Colorado.—Proc. No. 1994, Mar. 17, 1932, |
Holy Cross National Monument, Colorado [Monument abolished by act Aug. 3, 1950, ch. 530, |
Hovenweep National Monument, Colorado-Utah.—Proc. No. 1654, Mar. 2, 1923, |
Jackson Hole National Monument, Wyoming [Monument abolished and incorporated in Grand Teton National Park, see |
Jewel Cave National Monument, South Dakota.—Proc. No. 799, Feb. 7, 1908, |
Joshua Tree National Monument, California [see |
Katmai National Monument, Alaska [Monument redesignated Katmi National Park, see |
Kenai Fjords National Monument, Alaska.—Proc. No. 4620, Dec. 1, 1978, |
Kobuk Valley National Monument, Alaska.—Proc. No. 4621, Dec. 1, 1978, |
Lake Clark National Monument, Alaska.—Proc. No. 4622, Dec. 1, 1978, |
Lassen Peak National Monument, California.—Proc. No. 754, May 6, 1907, |
Lava Beds National Monument, California.—Proc. No. 1755, Nov. 21, 1925, |
Lehman Caves National Monument, Nevada [Monument abolished and lands incorporated in, and funds made available for, Great Basin National Park, see |
Lewis and Clark Cavern National Monument, Montana.—Proc. No. 807, May 11, 1908, |
Marble Canyon National Monument, Arizona.—Proc. No. 3889, Jan. 20, 1969, |
Meriwether Lewis National Monument, Tennessee [Monument included in Natchez Trace Parkway, see |
Misty Fjords National Monument, Alaska [Monument established within Tongass National Forest by |
Montezuma Castle National Monument, Arizona.—Proc. No. 696, Sept. 8, 1906, |
Mound City Group National Monument, Ohio [Monument redesignated Hopewell Culture National Historic Park, see |
Mount Olympus National Monument, Washington [Monument abolished and lands incorporated in Mount Olympus National Park, see |
Muir Woods National Monument, California.—Proc. No. 793, Jan. 9, 1908, |
Mukuntuweap National Monument, Utah [Monument redesignated Zion National Monument by Proc. No. 1435, Mar. 18, 1918, |
Natural Bridges National Monument, Utah.—Proc. No. 804, Apr. 16, 1908, |
Navajo National Monument, Arizona.—Proc. No. 873, May 20, 1909, |
Noatak National Monument, Alaska.—Proc. No. 4624, Dec. 1, 1978, |
Ocmulgee National Monument, Georgia [see |
Old Kasaan National Monument, Alaska [Monument abolished and incorporated in Tongass National Forest by act July 26, 1955, ch. 387, |
Oregon Caves National Monument, Oregon.—Proc. No. 876, July 12, 1909, |
Organ Pipe Cactus National Monument, Arizona.—Proc. No. 2232, Apr. 13, 1937, |
Papago Saguaro National Monument, Arizona.—Proc. No. 1262, Jan. 31, 1914, |
Perry's Victory and International Peace Memorial National Monument, Ohio.—Proc. No. 2182, July 6, 1936, |
Petrified Forest National Monument [Monument disestablished on establishment of Petrified Forest National Park, see |
Pinnacles National Monument, California.—Proc. No. 796, Jan. 16, 1908, |
Pipe Spring National Monument, Arizona.—Proc. No. 1663, May 31, 1923, |
Port Chicago National Memorial, California.— |
Rainbow Bridge National Monument, Utah.—Proc. No. 1043, May 30, 1910, |
Russell Cave National Monument, Alabama.—Proc. No. 3413, May 11, 1961, |
Saguaro National Monument, Arizona [Monument abolished and incorporated in Saguaro National Park, see |
Santa Rosa Island National Monument, Florida.—Proc. No. 2337, May 17, 1939, |
Scotts Bluff National Monument, Nebraska.—Proc. No. 1547, Dec. 12, 1919, |
Shoshone Cavern National Monument, Wyoming [Monument abolished by act May 17, 1954, ch. 203, |
Sieur de Monts National Monument, Maine.—Proc. No. 1339, July 8, 1916, |
Sitka National Monument, Alaska [Monument redesignated Sitka National Historical Park by |
Statue of Liberty National Monument.—Proc. No. 1713, Oct. 15, 1924, |
Sunset Crater Volcano National Monument, Arizona [Monument changed from Sunset Crater National Monument by |
Timpanogos Cave National Monument, Utah.—Proc. No. 1640, Oct. 14, 1922, |
Tonto National Monument, Arizona.—Proc. No. 787, Dec. 19, 1907, |
Tumacacori National Monument, Arizona [Monument abolished and lands incorporated in, and funds made available for, Tumacacori National Historical Park, see |
Tuzigoot National Monument, Arizona.—Proc. No. 2344, July 25, 1939, |
Verendrye National Monument, North Dakota.—Proc. No. 1380, June 29, 1917, |
Walnut Canyon National Monument, Arizona.—Proc. No. 1318, Nov. 30, 1915, |
Wheeler National Monument, Colorado [Monument abolished by act Aug. 3, 1950, ch. 534, |
White Sands National Monument, New Mexico.—Proc. No. 2025, Jan. 18, 1933, |
Wrangell-St. Elias National Monument, Alaska.—Proc. No. 4625, Dec. 1, 1978, |
Wupatki National Monument, Arizona.—Proc. No. 1721, Dec. 9, 1924, |
Yucca House National Monument, Colorado.—Proc. No. 1549, Dec. 19, 1919, |
Yukon-Charley National Monument, Alaska.—Proc. No. 4626, Dec. 1, 1978, |
Yukon Flats National Monument, Alaska.—Proc. No. 4627, Dec. 1, 1978, |
Zion National Monument, Utah [Monument combined with Zion National Park into a single National park unit, see |
Arkansas Post National Memorial, Arkansas.— |
Astronauts Memorial, John F. Kennedy Space Center, Florida.—Recognized as national memorial to astronauts who die in line of duty by |
Benjamin Franklin National Memorial, Pennsylvania.—Designation of Benjamin Franklin Memorial Hall as National Memorial by |
Chamizal National Memorial, Texas.— |
Coronado National Memorial, Arizona.—Acts Aug. 18, 1941, ch. 365, §1, |
Custis-Lee Mansion National Memorial, Virginia.—Act Mar. 4, 1925, ch. 562, |
David Berger Memorial, Ohio.— |
Disabled American Veterans Vietnam Veterans National Memorial, New Mexico.—Recognized as a memorial of national significance by |
Father Marquette National Memorial, Michigan.— |
Federal Hall National Memorial, New York.—Designated May 26, 1939. Designation changed from Federal Hall Memorial Historic Site by act Aug. 11, 1955, ch. 779, |
Fort Caroline National Memorial, Florida.—Act Sept. 21, 1950, ch. 973, |
Franklin Delano Roosevelt National Memorial, District of Columbia.— |
Hamilton Grange National Memorial, New York.— |
House Where Lincoln Died National Memorial, District of Columbia.—Act June 11, 1896, ch. 420, |
Johnstown Flood National Memorial, Pennsylvania.— |
Lincoln Boyhood National Memorial, Indiana.— |
Lincoln Museum National Memorial, District of Columbia.—Act Apr. 7, 1866, ch. 28, §1, |
Lincoln National Memorial, District of Columbia.—Act Feb. 9, 1911, ch. 42, |
Mount Rushmore National Memorial, South Dakota.—Act Feb. 25, 1929, ch. 315, |
National Fallen Firefighters' Memorial, Maryland.— |
Patrick Henry National Memorial, Virginia.— |
Seabees of the United States Navy Memorial.— |
Signers of the Declaration of Independence Memorial, District of Columbia.— |
Thomas Jefferson National Memorial, District of Columbia.—Act June 26, 1934, ch. 763, |
United States Marine Corps Memorial, Virginia.—Act July 1, 1947, ch. 196, |
United States Navy Memorial, District of Columbia.— |
U.S.S. Indianapolis Memorial, Indiana.— |
Vietnam Veterans Memorial, District of Columbia.— |
Washington Monument National Memorial, District of Columbia.—Act Aug. 2, 1876, ch. 250, §1, |
Wright Brothers National Memorial, North Carolina.—Kill Devil Hill National Monument authorized by act Mar. 2, 1927, ch. 251, |
Albert Einstein Memorial
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
Study To Add Alaska and Hawaii to Lincoln National Memorial
Cross Reference
National Capital memorials and commemorative works, see
Section Referred to in Other Sections
This section is referred to in
§431a. Limitation on further extension or establishment of national monuments in Wyoming
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,
Codification
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
Repeal of Inconsistent Laws
Repeal of laws inconsistent with act Sept. 14, 1950, see note set out under
Cross References
National parks in Wyoming, limitation on further extension or establishment, see
Section Referred to in Other Sections
This section is referred to in
§432. Permits to examine ruins, excavations, and gathering of objects; regulations
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
(June 8, 1906, ch. 3060, §§3, 4,
Codification
The last sentence only of this section was derived from section 4 of act June 8, 1906, the remainder being from section 3.
Change of Name
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,
Transfer of Functions
Enforcement functions of Secretary or other official in Department of the Interior related to compliance with permits issued under
Secretary of the Air Force
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.
Section Referred to in Other Sections
This section is referred to in
§433. American antiquities
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,
Transfer of Functions
Enforcement functions of Secretary or other official in Department of the Interior related to compliance with permits issued under
Section Referred to in Other Sections
This section is referred to in
§433a. Perry's Victory and International Peace Memorial; establishment
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,
Change of Name
"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
Establishment of Memorial; Boundaries
Memorial and boundaries established by Presidential Proc. No. 2182, July 6, 1936,
Section Referred to in Other Sections
This section is referred to in
§433b. Administration, protection, and development
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
(June 2, 1936, ch. 477, §2,
Change of Name
"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
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§433c. Acceptance of donations of lands and funds; acquisition of land
After the said peace memorial has been established as provided in
(June 2, 1936, ch. 477, §3,
References in Text
Amendments
1972—
Change of Name
"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
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Authorization of Appropriations
Section 4 of
§433d. Repealed. Pub. L. 92–568, §3(2), Oct. 26, 1972, 86 Stat. 1182
Section, act June 2, 1936, ch. 477, §4,
§433e. Repealed. Pub. L. 98–141, §7(b), Oct. 31, 1983, 97 Stat. 910
Section, acts June 2, 1936, ch. 477, §5,
§433f. Inconsistent laws repealed
The provisions of the Act of March 3, 1919 (ch. 116,
(June 2, 1936, ch. 477, §6,
References in Text
The act of Mar. 3, 1919, and Acts supplemental and amendatory thereto were not classified to the Code.
§433f–1. Change in name of Perry's Victory and International Peace Memorial National Monument
The Perry's Victory and International Peace Memorial National Monument, established in accordance with
(
§433g. Fort Frederica National Monument; establishment
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,
Amendments
1958—
1950—Act Sept. 20, 1950, increased maximum acreage from eighty to one hundred acres.
Appropriations
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 [
Section Referred to in Other Sections
This section is referred to in
§433h. Donation of property; acquisition of lands
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
(May 26, 1936, ch. 451, §2,
References in Text
§433h–1. Acquisition of additional lands
The Secretary of the Interior is authorized and directed to acquire by purchase, condemnation, or otherwise, subject to the acreage limitation contained in
(
Appropriations
Section 3 of
§433i. Museum; historical markers
(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,
§433j. Administration, protection, and development
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
(May 26, 1936, ch. 451, §4,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§433k. Whitman Mission National Historic Site; acquisition of land; establishment, supervision and maintenance
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,
Change of Name
"Whitman Mission National Historic Site" and "national historic site" substituted in text for "Whitman National Monument" and "national monument", respectively, pursuant to
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§433k–1. Acquisition of additional land
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.
(
Change of Name
"Whitman Mission National Historic Site" and "site" substituted in text for "Whitman National Monument" and "monument", respectively, pursuant to
§433l. Erection of monuments and tablets
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,
Change of Name
"Whitman National Monument" redesignated "Whitman Mission National Historic Site" by
Section Referred to in Other Sections
This section is referred to in
§433m. Authorization of appropriation
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of
(June 29, 1936, ch. 863, §4,
Section Referred to in Other Sections
This section is referred to in
§433n. Change in name of Whitman National Monument
Effective January 1, 1963, the Whitman National Monument, established pursuant to
(
§434. National monument in Riverside County, California
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
(Aug. 26, 1922, ch. 295, §1,
Section Referred to in Other Sections
This section is referred to in
§435. Acquiring reservation land
In order to determine the amount to be paid under
(Aug. 26, 1922, ch. 295, §§2, 3,
References in Text
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
Codification
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.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§436. Omitted
Codification
Section, act Apr. 9, 1924, ch. 86, §3,
§437. Fort McHenry; restoration and preservation
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
(May 26, 1914, ch. 100,
Codification
This section and
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.
Change of Name
"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
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,
Transfer of Functions
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
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,
Termination of War and Emergencies
Joint Res. July 25, 1947, ch. 327, §3,
Section Referred to in Other Sections
This section is referred to in
§438. Repairs and improvements; how made
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,
Codification
This section and
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Termination of War and Emergencies
Termination of state of war and national emergencies, see note set out under
Section Referred to in Other Sections
This section is referred to in
§439. Land for use of Secretary of the Treasury
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,
(May 26, 1914, ch. 100,
References in Text
The Act approved March 4, 1913,
Codification
This section and
Amendments
1936—Act June 5, 1936, substituted "six hundred and eighty feet" for "six hundred and fifty feet".
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Termination of War and Emergencies
Termination of state of war and national emergencies, see note set out under
Section Referred to in Other Sections
This section is referred to in
§440. Closure in times of national emergency
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,
Codification
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
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Termination of War and Emergencies
Termination of state of war and national emergencies, see note set out under
Section Referred to in Other Sections
This section is referred to in
§440a. Change in name of Fort McHenry Park
The Fort McHenry National Park, in the State of Maryland, authorized by
(Aug. 11, 1939, ch. 686,
Codification
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
§441. Badlands National Park; establishment
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,
References in Text
Hereinafter, referred to in text, means act Mar. 4, 1929 which is classified to
Change of Name
Words "park" and "Park" substituted in text for "monument" and "Monument", respectively, pursuant to
Ben Reifel Visitor Center
Section Referred to in Other Sections
This section is referred to in
§441a. Boundaries
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 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,
Change of Name
"Park" substituted for "Monument" in first undesignated par. pursuant to
Extension of Boundaries
Act June 26, 1936, ch. 842, title II, §1,
Laws Applicable
The provisions of
Section Referred to in Other Sections
This section is referred to in
§441b. Construction of highway by State of South Dakota
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,
Change of Name
Word "park" substituted in text for "monument" pursuant to
Section Referred to in Other Sections
This section is referred to in
§441c. Administration, protection, and promotion; franchises for hotel and lodge accommodations
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
(Mar. 4, 1929, ch. 693, §4,
Change of Name
"Park" substituted in text for "Monument" pursuant to
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§441d. Examinations, excavations, and gathering of objects of interest within park
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,
Change of Name
Word "park" substituted in text for "monument" pursuant to
Section Referred to in Other Sections
This section is referred to in
§441e. Effective date of sections 441 to 441d
(Mar. 4, 1929, ch. 693, §6,
Proclamation No. 2320
Proclamation declaring that conditions precedent required by
§441e–1. Change in name of Badlands National Monument
The area formerly known as the "Badlands National Monument", established by Presidential Proclamation of January 25, 1939 (
(
§441f. Adjustment and redefinition of boundaries
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
(May 7, 1952, ch. 244, §1,
Codification
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.
Change of Name
Words "Park" and "park" substituted in text for "Monument" and "monument", respectively, pursuant to
Section Referred to in Other Sections
This section is referred to in
§441g. Orders to effectuate revision of boundaries; publication
The revision of boundaries of the national park, as authorized in
(May 7, 1952, ch. 244, §2,
References in Text
Change of Name
Word "park" substituted in text for "monument" pursuant to
Section Referred to in Other Sections
This section is referred to in
§441h. Jurisdiction of mining and mineral rights; patents
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 [
(May 7, 1952, ch. 244, §3,
References in Text
The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517,
The mining and minerals-leasing laws, referred to in text, are classified generally to Title 30, Mineral Lands and Mining.
Change of Name
Word "park" substituted in text for "monument" pursuant to
Section Referred to in Other Sections
This section is referred to in
§441i. Exchanges of land
In order that exchanges of land may be effectuated for the purposes of
(May 7, 1952, ch. 244, §4,
References in Text
The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517,
Change of Name
Words "Park" and "park" substituted in text for "Monument" and "monument", respectively, pursuant to
Section Referred to in Other Sections
This section is referred to in
§441j. Revision of boundaries
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.
(
Change of Name
Words "Park" and "park" substituted in text for "Monument" and "monument", respectively, pursuant to
Section Referred to in Other Sections
This section is referred to in
§441k. Acquisition of property for park
(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
(
Change of Name
Word "park" substituted in text for "monument" pursuant to
Section Referred to in Other Sections
This section is referred to in
§441l. Exchange of lands; transfer from Federal agency to administrative jurisdiction of Secretary; terms and conditions of purchase
Inasmuch as (A) most of the lands added to the Badlands National Park by
(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.
(
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in the provision preceding subsec. (a), is act June 30, 1949, ch. 288,
Change of Name
In provision preceding subsec. (a) and in subsec. (a), "Park" and "park" substituted for "Monument" and "monument", respectively, pursuant to
Section Referred to in Other Sections
This section is referred to in
§441m. Disposition of excess gunnery range lands and reservation lands; purchase; terms and conditions; life estates and use restrictions
(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
(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
(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
(d) Purchase restrictions
Purchases under subsection (b) and clause (ii) of subsection (c) of this section shall be made on the terms provided in
(
References in Text
Title II of the National Industrial Recovery Act of June 16, 1933 (
Executive Order Numbered 7868, dated April 15, 1938, referred to in subsec. (a), was not classified to the Code.
Change of Name
Word "park" substituted for "monument" in subsecs. (a) to (c) pursuant to
Section Referred to in Other Sections
This section is referred to in
§441n. Lands outside gunnery range; exchange of lands; reservation of mineral rights; grazing and mineral development rights of Indians; execution of instruments; trust title
(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
(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.
(
Change of Name
Word "park" substituted for "monument" in subsec. (a) pursuant to
Section Referred to in Other Sections
This section is referred to in title 25 section 459.
§441o. Facilities for interpretation of park and history of Sioux Nation; conveyance of reservation lands; submission of terms to Congressional committees
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.
(
Change of Name
Word "park" substituted in text for "monument" pursuant to
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 No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in title 25 section 459.
§442. George Washington Birthplace National Monument
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
(Jan. 23, 1930, ch. 24, §§1, 2,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Revision of Boundaries; Acquisition of Lands; Administration; Authorization of Appropriations
"SECTION 1. ADDITION TO NATIONAL MONUMENT.
"The boundaries of the George Washington Birthplace National Monument (hereinafter referred to as the 'National Monument') are hereby modified to include the area comprising approximately 12 acres, as generally depicted on the map entitled 'George Washington Birthplace National Monument Boundary Map', numbered 332/80,011A and dated September 1992, which shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.
"SEC. 2. ACQUISITION OF LANDS.
"Within the boundaries of the National Monument, the Secretary of the Interior (hereinafter referred to as the 'Secretary') is authorized to acquire lands, or interests therein, by donation, purchase with donated or appropriated funds, or exchange.
"SEC. 3. ADMINISTRATION OF NATIONAL MONUMENT.
"In administering the National Monument, the Secretary shall take such action as is necessary to preserve and interpret the history and resources associated with George Washington, the generations of the Washington family who lived in the vicinity, and their contemporaries, as well as 18th century plantation life and society.
"SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated such sums as may be necessary to carry out this Act."
Additional Lands
Additional lands were added to and made part of the monument by Presidential Proc. No. 1944, Mar. 30, 1931,
§§443 to 443f. Transferred
Codification
Sections, acts July 3, 1930, ch. 837, §§1–7,
§444. Petrified Forest National Monument; elimination of private holdings of land within boundaries; exchange of lands
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,
Disestablishment of Petrified Forest National Monument
Disestablishment of Petrified Forest National Monument upon establishment of Petrified Forest National Park, see
Section Referred to in Other Sections
This section is referred to in
§444a. Ascertainment of value of lands offered for exchange; evidence of title
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
(May 14, 1930, ch. 271, §2,
Disestablishment of Petrified Forest National Monument
Disestablishment of Petrified Forest National Monument upon establishment of Petrified Forest National Park, see
Section Referred to in Other Sections
This section is referred to in
§445. Canyon De Chelly National Monument; establishment; boundaries
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,
Amendments
1933—Act Mar. 1, 1933, redescribed lands referred to in second par.
Establishment of Monument; Boundaries
Monument and boundaries established by Presidential Proc. No. 1945, Apr. 1, 1931,
§445a. Rights and privileges of Navajo Indians in canyons
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
(Feb. 14, 1931, ch. 188, §2,
References in Text
Herein, referred to in text, means act Feb. 14, 1931, which is classified to
§445b. Administration by National Park Service; powers and duties
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,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§445c. Pipestone National Monument
(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
(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,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§445d. Acquisition of additional lands, Pipestone School Reserve and non-Federal land; redefining of boundaries; quarry rights of Indians
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
(June 18, 1956, ch. 401,
§446. Sites for tablets at Antietam; care and supervision
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,
Transfer of Functions
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
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,
§447. Repealed. Pub. L. 94–429, §3(d), Sept. 28, 1976, 90 Stat. 1342
Section, act June 13, 1933, ch. 70,
Mining Rights Existing Prior to September 28, 1976
Section 3 of
§447a. Ocmulgee National Monument; establishment; acquisition of property
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,
Establishment of Monument; Boundaries
Monument and boundaries established by Presidential Proc. No. 2212, Dec. 23, 1936,
§447b. Donation of property; condemnation proceedings
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
(June 14, 1934, ch. 519, §2,
References in Text
§447c. Administration, protection, and development
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
(June 14, 1934, ch. 519, §3,
§448. Pioneer National Monument; establishment
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,
§449. Acceptance of donations of land and funds; acquisition of land
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
(June 18, 1934, ch. 573, §2,
References in Text
§450. Administration, protection, and development
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
(June 18, 1934, ch. 573, §3,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450a. Chalmette, Louisiana, Monument
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,
Amendments
1930—Act June 2, 1930, placed responsibility for maintaining monument and grounds with United States Government and authorized appropriations for expenses.
Change of Name
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,
Transfer of Functions
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
Chalmette National Historical Park
Designation of lands on which monument erected as Chalmette National Historical Park, see
§§450b to 450e. Repealed. Pub. L. 94–578, title III, §308(e), Oct. 21, 1976, 90 Stat. 2736
Section 450b, acts June 18, 1930, ch. 520, §1,
Section 450c, acts June 18, 1930, ch. 520, §2,
Section 450d, acts June 18, 1930, ch. 520, §3,
Section 450d–1, acts July 17, 1953, ch. 227,
Section 450e, act June 18, 1930, ch. 520, §4, as added Aug. 13, 1935, ch. 520, §2,
§450e–1. Appomattox Court House National Historical Park
(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 340/80,015 and dated June 1992, 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
(d) Administration
The Secretary shall administer the park in accordance with
(e) Omitted
(f) Authorization of appropriation
There are authorized to be appropriated not to exceed $1,335,000 to carry out the purposes of this section.
(
Codification
Section is comprised of section 308 of
Amendments
1992—Subsec. (a).
Effective Date of 1992 Amendment
Section 3(a) of
Acquisition of Certain Lands by Donation Only
Section 3(b) of
§§450f to 450k. Repealed. Dec. 21, 1944, ch. 634, §1, 58 Stat. 852
Section 450f, act Aug. 15, 1935, ch. 547, §1,
Sections 450f–1 and 450f–2, act Jan. 29, 1940, ch. 16,
Sections 450g to 450k, act Aug. 15, 1935, ch. 547, §§2–6,
Unexpended Funds
Section 2 of act Dec. 21, 1944, ch. 634,
§450l. Fort Stanwix National Monument; establishment
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,
§450m. Acceptance of donations of lands and funds; acquisition of land
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
(Aug. 21, 1935, ch. 592, §2,
References in Text
Hereunder, referred to in text, means act Aug. 21, 1935, which is classified to
§450n. Administration, protection, and development
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
(Aug. 21, 1935, ch. 592, §3,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450o. Andrew Johnson National Historic Site; authorization
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,
Change of Name
"National historic site" substituted in text for "national monument" on authority of
Establishment of Monument; Boundaries
Monument and boundaries established by Presidential Proc. No. 2554, Apr. 27, 1942,
§450p. Acquisition of property; donations
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
(Aug. 29, 1935, ch. 801, §2,
References in Text
Hereunder, referred to in text, means act Aug. 29, 1935, which is classified to
Change of Name
"Historic site" substituted in text for "monument" on authority of
§450q. Administration, protection, and development
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
(Aug. 29, 1935, ch. 801, §3,
Change of Name
"Historic site" substituted in text for "monument" on authority of
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450r. Ackia Battleground National Monument; establishment
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,
Boundaries of Monument
Boundaries established by Presidential Proc. No. 2307, Oct. 25, 1938, 3 F.R. 2579,
Inclusion in Natchez Trace Parkway
Ackia Battleground National Monument included in the Natchez Trace Parkway, see
§450s. Omitted
Codification
Section, act Aug. 27, 1935, ch. 755, §3,
§450t. Administration, protection, and development
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
(Aug. 27, 1935, ch. 755, §4,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450u. Homestead National Monument of America; establishment
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,
References in Text
The General Homestead Act, referred to in text, is act May 20, 1862, ch. 75,
Freeman School Addition
§450v. Omitted
Codification
Section, act Mar. 19, 1936, ch. 157, §2,
§450w. Administration; establishment of museum
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,
References in Text
The homestead Law, referred to in text, is classified generally to
§450x. Authorization of annual appropriations
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,
§450y. Coronado National Memorial; establishment
For the purpose of permanently commemorating the explorations of Francisco Vásquez 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,
Amendments
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.
Establishment of Memorial; Boundaries
Monument and boundaries established by Presidential Proc. No. 2995, Nov. 5, 1952, 17 F.R. 10157, 67 Stat.
Cross References
Coronado National Forest, see
Section Referred to in Other Sections
This section is referred to in
§450y–1. Administration
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
(Aug. 18, 1941, ch. 365, §2,
Amendments
1952—Act July 9, 1952, changed "Coronado International Memorial" to "Coronado National Memorial".
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§450y–2. Grazing within memorial area
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
(Aug. 18, 1941, ch. 365, §3,
Amendments
1976—
Mining Rights Existing Prior to 1976 Amendment
Section 3 of
Section Referred to in Other Sections
This section is referred to in
§450y–3. Construction of fences
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
(Aug. 18, 1941, ch. 365, §4,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§450y–4. Acquisition of property; donations
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,
Section Referred to in Other Sections
This section is referred to in
§450y–5. Revision of boundaries
In furtherance of the purposes of
(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.
(
§450y–6. Acquisition of lands; administration
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
(
References in Text
This Act, referred to in text, means
§450y–7. Authorization of appropriations
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.
(
References in Text
This Act, referred to in text, means
§450z. Repealed. Pub. L. 94–429, §3(g), Sept. 28, 1976, 90 Stat. 1343
Section, act Oct. 27, 1941, ch. 459,
Mining Rights Existing Prior to September 28, 1976
Section 3 of
§450aa. George Washington Carver National Monument; acquisition of land
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
(July 14, 1943, ch. 238, §1,
Authorization of Appropriations
Section 4 of act July 14, 1943, as amended Sept. 9, 1950, ch. 940,
Section Referred to in Other Sections
This section is referred to in
§450aa–1. Establishment and supervision
The property acquired under the provisions of
(July 14, 1943, ch. 238, §2,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§450aa–2. Maintenance of museum; construction of roads and use of markers
The Secretary of 1 Interior is authorized to—
(1) Maintain, either in an existing structure acquired under the provisions of
(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,
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "of the".
§450bb. Harpers Ferry National Historical Park; establishment; acceptance of donations of land, etc.
In order to carry out the purposes of
(June 30, 1944, ch. 328, §1,
Amendments
1994—
1989—
1980—
1974—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Word "park" substituted in text for "monument" in view of redesignation of Harpers Ferry National Monument as Harpers Ferry National Historical Park by
Acquisition of Clear and Marketable Title to Additional Park Lands
Section 1(b) of
Authorization of Appropriations
Section 4 of act June 30, 1944, as amended by
Section Referred to in Other Sections
This section is referred to in
§450bb–1. Administration
The property acquired under the provisions of
(June 30, 1944, ch. 328, §2,
Change of Name
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
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§450bb–2. Maintenance of museum; acceptance of museum articles; construction of roads, etc.
The Secretary of the Interior is authorized to—
(1) Maintain, either in an existing structure acquired under the provisions of
(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
(June 30, 1944, ch. 328, §3,
References in Text
Act of June 7, 1974, referred to in par. (3), is
Amendments
1974—Par. (3).
Change of Name
"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
Section Referred to in Other Sections
This section is referred to in
§450bb–3. Acquisition of additional lands
To further the commemorative purposes of
(
Change of Name
"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
Section Referred to in Other Sections
This section is referred to in
§450bb–4. Acceptance and purchase of lands and improvements; payment; exchange of lands
(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 (
(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.
(
References in Text
Section 2 of the Act of December 15, 1868, referred to in subsec. (a), means act Dec. 15, 1868, ch. 2, §2,
Section Referred to in Other Sections
This section is referred to in
§450bb–5. Authorization of appropriations
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
(
§450bb–6. Change in name of Harpers Ferry National Monument
The Harpers Ferry National Monument established pursuant to
(
§450cc. Castle Clinton National Monument; establishment
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,
Preservation and Administration of Castle Clinton National Monument
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,
§450cc–1. Administration, protection, and development
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
(Aug. 12, 1946, ch. 954, §2,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450dd. De Soto National Memorial; establishment
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 1 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,
Amendments
1960—
Authorization of Appropriations
Section 3 of act Mar. 11, 1948, as amended Aug. 21, 1950, ch. 768,
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "purchasable".
§450dd–1. Administration
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
(Mar. 11, 1948, ch. 109, §2,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450ee. Fort Sumter National Monument; establishment
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,
§450ee–1. Administration
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
(Apr. 28, 1948, ch. 239, §2,
References in Text
This joint resolution, referred to in text, means act Apr. 28, 1948, which is classified to
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450ff. Fort Vancouver National Historic Site; establishment
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,
Change of Name
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
Transfer of Functions
"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.
Section Referred to in Other Sections
This section is referred to in
§450ff–1. Size of site; effective date; additional lands
The total area of the national historic site as established or as enlarged by transfers pursuant to
(June 19, 1948, ch. 546, §2,
Change of Name
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
Section Referred to in Other Sections
This section is referred to in
§450ff–2. Administration, protection, and development
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
(June 19, 1948, ch. 546, §3,
Change of Name
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
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§450ff–3. Revision of boundaries
For the purpose of preserving certain historic properties associated with the Fort Vancouver National Historic Site, established pursuant to
(
Change of Name
"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
§450ff–4. Acquisition of lands
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.
(
§450ff–5. Administrative jurisdiction of Federal lands
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.
(
Change of Name
"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
§450ff–6. Change in name of Fort Vancouver National Monument
Fort Vancouver National Monument is redesignated Fort Vancouver National Historic Site.
(
§§450gg to 450gg–3. Repealed. Pub. L. 91–660, §5, Jan. 8, 1971, 84 Stat. 1969
Sections, act July 2, 1948, ch. 806, §§1–4,
§450hh. Saint Croix Island International Historic Site; establishment; acceptance of land; size
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,
Authorization of Appropriations
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 [
§450hh–1. Designation; acquisition of additional lands; lands excluded
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,
Change of Name
"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."
§450hh–2. Administration
The national monument shall be administered by the Secretary of the Interior, through the National Park Service, subject to the provisions of
(June 8, 1949, ch. 180, §3,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450ii. Joshua Tree National Monument; revision of boundaries
Joshua Tree National Monument, in the State of California, established by Proclamation Numbered 2193, of August 10, 1936 (
san bernardino meridian
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,
Amendments
1961—
Abolition of Joshua Tree National Monument
Joshua Tree National Monument abolished and incorporated in Joshua Tree National Park, see
Section Referred to in Other Sections
This section is referred to in
§450ii–1. Excluded lands opened to entry under mining laws
All public-domain lands included before September 25, 1950, within the Joshua Tree National Monument which are eliminated from the National Monument by
(Sept. 25, 1950, ch. 1030, §2,
Abolition of Joshua Tree National Monument
Joshua Tree National Monument abolished and incorporated in Joshua Tree National Park, see
Section Referred to in Other Sections
This section is referred to in
§450ii–2. Continuation of leases, permits, and licenses
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
(Sept. 25, 1950, ch. 1030, §3,
Abolition of Joshua Tree National Monument
Joshua Tree National Monument abolished and incorporated in Joshua Tree National Park, see
Section Referred to in Other Sections
This section is referred to in
§450ii–3. Survey and report of mineral value
The Secretary of the Interior is authorized and directed, through the United States 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,
Change of Name
"United States Bureau of Mines" substituted in text for "Bureau of Mines" pursuant to section 10(b) of
"United States Geological Survey" substituted in text for "Geological Survey" pursuant to provision of title I of
Abolition of Joshua Tree National Monument
Joshua Tree National Monument abolished and incorporated in Joshua Tree National Park, see
Section Referred to in Other Sections
This section is referred to in
§450jj. Jefferson National Expansion Memorial; authorization
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,
Short Title of 1984 Amendment
Disposition of Funds Received by National Park Service as Reimbursement for Costs Incurred
Authorization of Appropriations; Federal and Non-Federal Ratio of Expenditures
Section 11, formerly section 4, of act May 17, 1954, as amended by
"(a) There is hereby authorized to be appropriated not to exceed $32,750,000 to carry out the purposes of this Act [
"(b)(1) For the purposes of the East St. Louis portion of the memorial, there are authorized to be appropriated $2,000,000 for land acquisition and, subject to the provisions of paragraphs (2) and (3), such sums as may be necessary for development: Provided, That such authorization shall not include any sums for the acquisition, removal, or relocation of the grain elevator and business located within the East St. Louis unit of the Memorial. Such development shall be consistent with the level of development described in phase one of the draft Development and Management Plan and Environmental Assessment, East St. Louis Addition to Jefferson National Expansion Memorial—Illinois/Missouri, dated August 1987.
"(2) Federal funds expended under paragraph (1) for development may not exceed 75 percent of the actual cost of such development. The remaining share of such actual costs shall be provided from non-Federal funds, services, or materials, or a combination thereof, fairly valued as determined by the Secretary. Any non-Federal expenditures for the acquisition, removal, or relocation of the grain elevator and business shall be included as part of the non-Federal cost share: Provided, That credit shall not be given for any such expenditures which exceed the cost of acquisition, removal, or relocation of the grain elevator and business located within the East St. Louis unit of the Memorial if such action had been accomplished by the Federal Government as determined by the Secretary under existing law: Provided further, That only those non-Federal funds expended at least sixty days after the transmission of the report referred to in paragraph (3) for the removal of such grain elevator shall be credited towards the non-Federal cost share. For the purposes of this paragraph, the Secretary may accept and utilize for such purposes any non-Federal funds, services, and materials so contributed.
"(3) Within one year after the date of enactment of this paragraph [Aug. 26, 1992], the Secretary, in direct consultation with the city of East St. Louis, Gateway Arch Park Expansion, and the Southwestern Illinois Development Authority, shall develop and transmit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs [now Committee on Natural Resources] of the United States House of Representatives a study of alternatives to, and costs associated with, the removal of the grain elevator located within the East St. Louis unit of the Memorial. The study shall contain, but need not be limited to, at least one alternative which would incorporate and retain the existing grain elevator into the draft development and management plan and environmental assessment referred to in paragraph (1).
"(c) Funds appropriated under subsection (b) of this section shall remain available until expended."
Section Referred to in Other Sections
This section is referred to in
§450jj–1. Construction of memorial
(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
(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,
References in Text
Herein, referred to in subsec. (a), means act May 17, 1954, which is generally classified to
The civil-service laws, referred to in subsec. (a), are set forth in Title 5, Government Organization and Employees. See, particularly,
Codification
In subsec. (a), "
§450jj–2. Railroad agreement as condition precedent to undertaking memorial project
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,
References in Text
Herein, referred to in text, means act May 17, 1954, which is generally classified to
§450jj–3. Designation of additional land by Secretary; manner of acquiring additional land
(a) There is hereby designated for addition to the Jefferson National Expansion Memorial (hereinafter in
(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,
Prior Provisions
A prior section 4 of act May 17, 1954, was renumbered section 11 by
Amendments
1992—Subsec. (a).
Compliance With Congressional Budget Act
Section 202 of title II of
Section Referred to in Other Sections
This section is referred to in
§450jj–4. Transfer of land
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
(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
(May 17, 1954, ch. 204, §5, as added Aug. 24, 1984,
Prior Provisions
A prior section 5 of act May 17, 1954, contained a limitation on appropriation authorization and a prohibition on expenditure of Government funds and was classified as a note under
§450jj–5. Administration of Memorial; cooperation with State and local governments and private sector
Lands and interests in lands acquired pursuant to
(May 17, 1954, ch. 204, §6, as added Aug. 24, 1984,
§450jj–6. Jefferson National Expansion Memorial Commission
(a) Establishment
There is hereby established the Jefferson National Expansion Memorial Commission (hereinafter in
(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
(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
(g) Gifts, bequests, or donations
The Commission may, for the purposes of carrying out the Commission's duties under
(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
(May 17, 1954, ch. 204, §7, as added Aug. 24, 1984,
1 So in original. Probably should be "of".
§450jj–7. Development and management plan for East Saint Louis, Illinois, portion of Memorial
(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,
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "therefor,".
§450jj–8. Repealed. Pub. L. 102–355, §1(2), Aug. 26, 1992, 106 Stat. 947
Section, act May 17, 1954, ch. 204, §9, as added Aug. 24, 1984,
§450jj–9. Activities in Memorial area pending submission of plan
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
(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
(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,
Section Referred to in Other Sections
This section is referred to in
§450kk. Fort Union National Monument; acquisition of site and other lands; reversions and reservations
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
(June 28, 1954, ch. 401, §1,
Section Referred to in Other Sections
This section is referred to in
§450kk–1. Establishment; publication in Federal Register; additional properties
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
Following establishment of the national monument, additional properties may be acquired as provided in
(June 28, 1954, ch. 401, §2,
Section Referred to in Other Sections
This section is referred to in
§450ll. Booker T. Washington National Monument; acquisition of site
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,
Authorization of Appropriations
Section 4 of act Apr. 2, 1956, as amended by
Section Referred to in Other Sections
This section is referred to in
§450ll–1. Establishment and supervision
The real property acquired under
(Apr. 2, 1956, ch. 158, §2,
§450ll–2. Maintenance of museum; provision for parks, construction of roads and use of markers
The Secretary of the Interior is authorized to—
(1) maintain, either in an existing structure acquired under
(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,
§450mm. Fort Clatsop National Memorial; establishment
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.
(
§450mm–1. Designation of land and improvements; size
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.
(
Amendments
1978—
Section Referred to in Other Sections
This section is referred to in
§450mm–2. Acquisition of lands
Within the area designated pursuant to
(
§450mm–3. Effective date; administration
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
(
§450nn. General Grant National Memorial; establishment
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.
(
§450oo. Grand Portage National Monument; establishment; effective date
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:
northwest company area
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.
fort charlotte area
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.
grand portage trail section
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 Referred to in Other Sections
This section is referred to in
§450oo–1. Acceptance of donations of land; instruments of relinquishment; life assignments
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 Referred to in Other Sections
This section is referred to in
§450oo–2. Procurement of other lands within monument
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.
(
Section Referred to in Other Sections
This section is referred to in
§450oo–3. Visitor accommodations and services
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.
(
Section Referred to in Other Sections
This section is referred to in
§450oo–4. Employment preferences
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.
(
Section Referred to in Other Sections
This section is referred to in
§450oo–5. Production and sale of handicraft objects; noninterference with trade or business outside monument
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.
(
Section Referred to in Other Sections
This section is referred to in
§450oo–6. Traversing privileges; regulations
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.
(
Section Referred to in Other Sections
This section is referred to in
§450oo–7. Docking facilities
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.
(
Section Referred to in Other Sections
This section is referred to in
§450oo–8. Advisory assistance for developments upon adjacent lands
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.
(
Section Referred to in Other Sections
This section is referred to in
§450oo–9. Administration, protection, and development
When establishment of the monument has been effected, pursuant to
(
Section Referred to in Other Sections
This section is referred to in
§450oo–10. Reversion upon abandonment
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 Referred to in Other Sections
This section is referred to in
§450pp. Roger Williams National Memorial; acquisition of site
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.
(
Section Referred to in Other Sections
This section is referred to in
§450pp–1. Establishment; notice of establishment; administration
The property acquired pursuant to
(
Section Referred to in Other Sections
This section is referred to in
§450pp–2. Cooperation with city of Providence and local historical and preservation societies
(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.
(
Section Referred to in Other Sections
This section is referred to in
§450pp–3. Authorization of appropriations
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
(
Amendments
1980—
§§450qq to 450qq–4. Omitted
Codification
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
Section 450qq,
Section 450qq–1,
Section 450qq–2,
Section 450qq–3,
Section 450qq–4,
§450rr. R.M.S. Titanic; international maritime memorial; findings and purposes
(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) Purposes
The Congress declares that the purposes of
(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.
(
Short Title
Section 1 of
Section Referred to in Other Sections
This section is referred to in
§450rr–1. Definitions
For the purposes of
(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.
(
Section Referred to in Other Sections
This section is referred to in
§450rr–2. Commendation
The Congress of the United States highly commends the members of the joint international expedition which discovered the R.M.S. Titanic.
(
Section Referred to in Other Sections
This section is referred to in
§450rr–3. International guidelines
(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
(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.
(
Section Referred to in Other Sections
This section is referred to in
§450rr–4. International agreement
(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
(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.
(
Change of Name
Committee on Foreign Affairs of House of Representatives changed to Committee on International Relations of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction given primarily to Committee on Transportation and Infrastructure of House of Representatives, and remainder of jurisdiction given to Committees on National Security and on Resources of House of Representatives, by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§450rr–5. Sense of Congress regarding conduct of future activities
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 Referred to in Other Sections
This section is referred to in
§450rr–6. Disclaimer of extraterritorial sovereignty
By enactment of
(
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER LXII—MISCELLANEOUS
§451. Limit on cost of buildings erected in national parks
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,
Amendments
1940—Act Feb. 13, 1940, substituted "$3,000" for "$1,500".
§451a. Limitation on further extension or establishment of national parks in Wyoming
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,
Codification
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
Repeal of Inconsistent Laws
Repeal of laws inconsistent with act Sept. 14, 1950, see note set out under
Cross References
Grand Teton National Park in Wyoming, see
National monuments of Wyoming, limitation on further extension or establishment, see
Section Referred to in Other Sections
This section is referred to in
§452. Revenues of national parks covered into Treasury; estimates for care of parks
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,
Codification
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."
Amendments
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.
Repeals
Act Sept. 12, 1950, ch. 946, title III, §301(95),
Cross References
Disposition of revenue arising from licenses for occupancy and use of National Parks and Monuments, see
§452a. Acquisition of non-Federal land within existing boundaries of any National Park; donations; authorization of appropriations
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,
Cape Hatteras National Seashore Recreational Area
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
Cross References
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 Referred to in Other Sections
This section is referred to in
§453. Donations of land for park purposes near or adjacent to National Forest Reserve in North Carolina
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,
Codification
"Government national forest" substituted in text for "Government forest reserve" on authority of act Mar. 4, 1907, ch. 2907,
Cross References
Acceptance of donations of property and money for purposes of national park and monument system, see
§454. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 642 , 650
Section, acts Aug. 24, 1912, ch. 355, §8,
§455. Study of battlefields for commemorative purposes
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,
Change of Name
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,
Section Referred to in Other Sections
This section is referred to in
§455a. Report to Congress
Annually after December 1, 1926, the Secretary of the Army shall submit through the President to Congress a detailed report of progress made under
(June 11, 1926, ch. 555, §2,
Change of Name
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,
Transfer of Functions
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
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,
Section Referred to in Other Sections
This section is referred to in
§455b. Inclusion of estimate of cost of projected surveys in appropriation estimates
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,
Change of Name
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,
Transfer of Functions
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
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,
Section Referred to in Other Sections
This section is referred to in
§455c. Purchase of real estate for military park
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
(June 11, 1926, ch. 555, §4,
Change of Name
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,
Transfer of Functions
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
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,
Secretary of the Air Force
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.
Section Referred to in Other Sections
This section is referred to in
§456. Expense of depositing money payable from appropriations
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,
§456a. Collections and pay-roll deductions for meals and quarters
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,
Codification
Section is also set out as
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§457. Action for death or personal injury within national park or other place under jurisdiction of United States; application of State laws
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,
Cross References
State workmen's compensation laws extended and made applicable to buildings and property of United States by act of June 25, 1936, see
§458. Travel expenses incident to study of battlefields; payment
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,
§458a. Mats for reproduction in magazines and newspapers of photographs of scenery
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,
SUBCHAPTER LXIII—NATIONAL SEASHORE RECREATIONAL AREAS
§459. Cape Hatteras National Seashore Recreational Area; conditional establishment; acquisition of lands
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,
Change of Name
Words "national seashore recreational area" substituted in text for "national seashore" pursuant to act June 29, 1940.
Section Referred to in Other Sections
This section is referred to in
§459a. Acceptance of donations; acquisition of property by purchase and condemnation
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
(Aug. 17, 1937, ch. 687, §2,
References in Text
Change of Name
Words "national seashore recreational area" substituted in text for "national seashore" pursuant to act June 29, 1940.
Section Referred to in Other Sections
This section is referred to in
§459a–1. Administration, protection, and development; commercial fishing by residents; hunting
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
(Aug. 17, 1937, ch. 687, §3,
References in Text
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
The Migratory Bird Treaty Act of July 3, 1918, referred to in text, is act July 3, 1918, ch. 128,
Change of Name
Words "national seashore recreational area" substituted in text for "national seashore" pursuant to act June 29, 1940.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§459a–2. Preservation of natural features; acquisition of additional property; reversion of property on failure of conditions
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
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,
Amendments
1946—Act Mar. 6, 1946, substituted "fifteen years" for "ten years" before "from August 17, 1937".
Change of Name
Words "national seashore recreational area" substituted in text for "national seashore" pursuant to act June 29, 1940.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§459a–3. Migratory bird refuges not to be affected
Notwithstanding any other provisions of
(Aug. 17, 1937, ch. 687, §5,
Change of Name
Words "national seashore recreational area" substituted in text for "national seashore" pursuant to act June 29, 1940.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§459a–4. Omitted
Codification
Section, acts June 3, 1948, ch. 393,
Disposal of Lands
§459a–5. Addition of lands; Naval Amphibious Training Station
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,
§459a–5a. Addition of lands; Hatteras
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
(
§459a–6. Acquisition of non-Federal land within boundaries of recreational area
(Aug. 6, 1956, ch. 988, §1,
Section Referred to in Other Sections
This section is referred to in
§459a–7. Availability of appropriations
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,
Section Referred to in Other Sections
This section is referred to in
§459a–8. Limitation on expenditure
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
(Aug. 6, 1956, ch. 988, §3,
§459a–9. Conveyance of land for improvement with public health facility; reversion; consideration; status of property upon transfer of title
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.
(
§459b. Cape Cod National Seashore; description of area
(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.
(
Separability
Section 10 of
Section Referred to in Other Sections
This section is referred to in
§459b–1. Acquisition of property
(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
(b) Use of funds; fair market value
The Secretary is authorized (1) to use donated and appropriated funds in making acquisitions under
(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
(d) "Fair market value" defined; appraisal
As used in
(
Section Referred to in Other Sections
This section is referred to in
§459b–2. Establishment
(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
(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 Referred to in Other Sections
This section is referred to in
§459b–3. Acquisition by condemnation
(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
(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
(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
(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
(e) Acquisition of clear, marketable and encumbrance-free title
Nothing in this section or elsewhere in
(
Section Referred to in Other Sections
This section is referred to in
§459b–4. Zoning regulations
(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
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
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
(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
(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
(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.
(
Section Referred to in Other Sections
This section is referred to in
§459b–5. Certificate of suspension of authority for acquisition by condemnation
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
(
Section Referred to in Other Sections
This section is referred to in
§459b–6. Administration of acquired property
(a) Utilization of authority for conservation and management of natural resources
Except as otherwise provided in
(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
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.
(
Section Referred to in Other Sections
This section is referred to in
§459b–7. Cape Cod National Seashore Advisory Commission
(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
(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
(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
(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
(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
(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.
(
References in Text
Section 190 of the Revised Statutes (
Amendments
1986—Subsec. (a).
Reestablishment and Extension of Commission
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§459b–8. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of
(
Amendments
1983—
1970—
Section Referred to in Other Sections
This section is referred to in
§459c. Point Reyes National Seashore; purposes; authorization for establishment
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 Referred to in Other Sections
This section is referred to in
§459c–1. Description of area
(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 Natural Resources 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.
(
Amendments
1994—Subsec. (a).
1980—Subsec. (a).
1978—Subsec. (a).
1974—Subsec. (a).
1966—Subsec. (b).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§459c–2. Acquisition of property
(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
(b) Payment for acquisition; fair market value
The Secretary is authorized to pay for any acquisitions which he makes by purchase under
(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.
(
Amendments
1970—
Section Referred to in Other Sections
This section is referred to in
§459c–3. Repealed. Pub. L. 91–223, §2(b), Apr. 3, 1970, 84 Stat. 90
Section,
§459c–4. Point Reyes National Seashore
(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
(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
(
Amended Description of Boundaries of Point Reyes National Seashore; Publication in Federal Register
Section Referred to in Other Sections
This section is referred to in
§459c–5. Owner's reservation of right of use and occupancy for fixed term of years or life
(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
(b) "Improved and agricultural property" defined
As used in
(c) Payment deferral; scheduling; interest rate
In acquiring those lands authorized by the Ninety-fifth Congress for the purposes of
(d) Lands donated by State of California
The Secretary is authorized to accept and manage in accordance with
(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.
(
Amendments
1980—Subsec. (a).
Subsec. (b).
Subsecs. (d), (e).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
§459c–6. Administration of property
(a) Protection, restoration, and preservation of natural environment
Except as otherwise provided in
(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.
(
Amendments
1976—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§459c–6a. The Clem Miller Environmental Education Center; designation
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.
(
Codification
Section 7(b) of
Section Referred to in Other Sections
This section is referred to in
§459c–6b. Cooperation with utilities district; land use and occupancy; terms and conditions
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
(
Section Referred to in Other Sections
This section is referred to in
§459c–7. Authorization of appropriations; restriction on use of land
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of
(
References in Text
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
Codification
Section 7(b) of
Amendments
1980—
1970—
1966—
Section Referred to in Other Sections
This section is referred to in
§459d. Padre Island National Seashore; description of land and waters
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.
(
Change of Name
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,
Section Referred to in Other Sections
This section is referred to in
§459d–1. Acquisition of property
(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
(b) Fair market value; appraisal
The Secretary is authorized to pay for any acquisitions which he makes by purchase under
(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.
(
Revision of Boundaries; Addition and Deletion of Acreage
Section Referred to in Other Sections
This section is referred to in
§459d–2. Establishment
(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
(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 Referred to in Other Sections
This section is referred to in
§459d–3. Reservation of oil, gas, and other minerals
(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.
(
Section Referred to in Other Sections
This section is referred to in
§459d–4. Administration; utilization of authority for conservation and management of natural resources
Except as otherwise provided in
(
Section Referred to in Other Sections
This section is referred to in
§459d–5. Roadways to access highways from mainland
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.
(
Section Referred to in Other Sections
This section is referred to in
§459d–6. Aerial gunnery and bombing range agreements of Secretary of the Interior and Secretary of the Navy
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
(
Section Referred to in Other Sections
This section is referred to in
§459d–7. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of
(
Codification
Section 101(13) of
Amendments
1976—
Section Referred to in Other Sections
This section is referred to in
§459e. Fire Island National Seashore
(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.
(
Amendments
1978—Subsec. (b).
Short Title of 1984 Amendment
Section Referred to in Other Sections
This section is referred to in
§459e–1. Acquisition of property
(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
(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
(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
(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
(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
(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
(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
(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
(i) Injunctive relief; termination
(1) Upon or after the commencement of any action for condemnation with respect to any property under
(A) fails, or would result in a failure of such property, to conform to the standards specified in regulations issued under
(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
(
Amendments
1984—Subsecs. (h), (i).
1978—Subsec. (g).
Section Referred to in Other Sections
This section is referred to in
§459e–2. Zoning regulations
(a) Amendment; standards for approval of ordinances
In order to carry out the provisions of
(b) Commercial or industrial use prohibition; size, location or use restrictions for commercial, residential, and other structures; reconciliation of population density with protection of natural resources
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
(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
(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
(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
(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.
(
Amendments
1984—Subsec. (b).
Subsec. (e).
Subsec. (g).
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should not be capitalized.
§459e–3. Retention by owner of right of use and occupancy of improved property for residential purposes
(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 Referred to in Other Sections
This section is referred to in
§459e–4. Hunting and fishing regulations
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.
(
Section Referred to in Other Sections
This section is referred to in
§459e–5. Acceptance of donations
The Secretary may accept and use for purposes of
(
Section Referred to in Other Sections
This section is referred to in
§459e–6. Administration, protection, and development
(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
(
Amendments
1978—Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
§459e–7. Shore erosion control or beach protection measures; Fire Island inlet
(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
(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
(
Section Referred to in Other Sections
This section is referred to in
§459e–8. Omitted
Codification
Section,
§459e–9. Authorization of appropriations
There is hereby authorized to be appropriated not more than $23,000,000 for the acquisition of lands and interests in land pursuant to
(
Amendments
1980—
1978—
1976—
Section Referred to in Other Sections
This section is referred to in
§459e–10. Authority to accept donation of William Floyd Estate
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.
(
§459e–11. Authority to accept donation of main dwelling on William Floyd Estate; lease-back of donated property
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.
(
§459e–12. Administration of property of William Floyd Estate; detached unit
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.
(
§459f. Assateague Island National Seashore; purposes; description of area
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
(
Section Referred to in Other Sections
This section is referred to in
§459f–1. Acquisition of property
(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 include within the boundaries of the seashore, not to exceed 112 acres of land or interests therein on the mainland in Worcester County, Maryland. 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 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; scenic easement donation
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 under the jurisdiction of the Secretary which the Secretary classifies 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. Notwithstanding the acreage limitation set forth in
(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
(
Amendments
1992—Subsec. (a).
Subsec. (b).
1990—Subsecs. (a), (b).
Section Referred to in Other Sections
This section is referred to in
§459f–2. Compensation for bridge construction costs; acquisition of land for park purposes
(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
(
Section Referred to in Other Sections
This section is referred to in
§459f–3. Establishment of Seashore; notice in Federal Register
When the Secretary determines that land, water areas, or interests therein within the area generally depicted on the map referred to in
(
Section Referred to in Other Sections
This section is referred to in
§459f–4. Hunting and fishing provisions
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
(
Section Referred to in Other Sections
This section is referred to in
§459f–5. Administration of Seashore
(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
(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
(c) Cooperative agreements and technical assistance to protect seashore resources
The Secretary is authorized to enter into cooperative agreements with local, State, and Federal agencies and with educational institutions and nonprofit entities to coordinate research designed to ensure full protection of the natural and cultural resources of the seashore, consistent with the purposes for which the seashore was established, and other applicable law. The Secretary is also authorized to provide technical assistance to local, State, and Federal agencies and to educational institutions and non-profit entities in order to further such purposes. The Secretary shall submit a report every two years to the Congress on the results of the coordinated research program authorized by this section and plans to implement the recommendations arising from such research.
(
References in Text
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.
Amendments
1992—Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
§459f–6. Repealed. Pub. L. 94–578, title III, §301, Oct. 21, 1976, 90 Stat. 2733
Section,
§459f–7. Beach erosion control and hurricane protection
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
(
Section Referred to in Other Sections
This section is referred to in
§459f–8. Repealed. Pub. L. 94–578, title III, §301, Oct. 21, 1976, 90 Stat. 2733
Section,
§459f–9. Public utility facilities; purchase of facilities without value to utility; amount of payment
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.
(
Section Referred to in Other Sections
This section is referred to in
§459f–10. Authorization of appropriations
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
(
Amendments
1976—
1972—
Section Referred to in Other Sections
This section is referred to in
§459f–11. Comprehensive plan for protection, management, and use of seashore
(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.
(
Change of Name
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 No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§459g. Cape Lookout National Seashore; purposes; authorization for establishment; description of area
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.
(
Amendments
1974—
Section Referred to in Other Sections
This section is referred to in
§459g–1. Acquisition of property
(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
(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
(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.
(
Amendments
1974—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§459g–2. Establishment; notice in Federal Register; copies to Congress
When title to lands and interests in lands in an amount sufficient to constitute an efficiently administerable 1 unit for the purposes of
(
Amendments
1974—
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "administrable".
§459g–3. Hunting and fishing provisions
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.
(
Section Referred to in Other Sections
This section is referred to in
§459g–4. Administration; public outdoor recreation and enjoyment; utilization of authorities for conservation and development of natural resources
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
(
Section Referred to in Other Sections
This section is referred to in
§459g–5. Shore erosion control or beach protection measures
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
(
Section Referred to in Other Sections
This section is referred to in
§459g–6. Preservation and designation as wilderness; review of area by Secretary; report to President
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.
(
Amendments
1974—
Section Referred to in Other Sections
This section is referred to in
§459g–7. Authorization of appropriations; master plan to Congressional committees; time; contents
There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of
(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.
(
Change of Name
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 No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Amendments
1983—
Section Referred to in Other Sections
This section is referred to in
§459h. Gulf Islands National Seashore; purposes; authorization for establishment; boundaries
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.
(
Section Referred to in Other Sections
This section is referred to in
§459h–1. Acquisition of property
(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
(c) "Improved residential property" defined
As used in
(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
(
Amendments
1972—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§459h–2. Designation by Secretary of hunting and fishing zones; consultation with appropriate State agencies
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.
(
Section Referred to in Other Sections
This section is referred to in
§459h–3. Rights-of-way or easements for transportation of oil and gas minerals
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.
(
Section Referred to in Other Sections
This section is referred to in
§459h–4. Administration of seashore; conservation and management of wildlife and natural resources; authority to designate areas as national historic sites
Except as otherwise provided in
(
Section Referred to in Other Sections
This section is referred to in
§459h–5. Beach erosion control and hurricane protection; study and formulation of plans; activities by Chief of Engineers, Department of Army
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
(
Section Referred to in Other Sections
This section is referred to in
§459h–6. Transfer of Horn Island and Petit Bois National Wildlife Refuges from National Wildlife Refuge System; administration
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
(
Section Referred to in Other Sections
This section is referred to in
§459h–7. Preservation of any area as wilderness; study and report to President; procedure for designation of any area as a wilderness
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 Referred to in Other Sections
This section is referred to in
§459h–8. Authority of Department of Army or Chief of Engineers over navigation or related matters
No provision of
(
Section Referred to in Other Sections
This section is referred to in
§459h–9. Gulf Islands National Seashore Advisory Commission; establishment; termination; membership; term; Chairman; compensation and payment of expenses; consultation by Secretary
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
(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
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.
(
Termination of Advisory Commissions
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
Section Referred to in Other Sections
This section is referred to in
§459h–10. Authorization of appropriations
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.
(
Amendments
1978—
1976—
1972—
Section Referred to in Other Sections
This section is referred to in
§459i. Cumberland Island National Seashore; establishment; boundary revisions: notification of Congressional committees, publication in Federal Register
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 Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives 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.
(
Amendments
1994—
1983—
1978—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§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
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.
(
Section Referred to in Other Sections
This section is referred to in
§459i–2. Cumberland Island Parkway; right-of-way; administration; regulations
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
(
Section Referred to in Other Sections
This section is referred to in
§459i–3. Acquisition of property
(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 Referred to in Other Sections
This section is referred to in
§459i–4. Hunting and fishing
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.
(
Section Referred to in Other Sections
This section is referred to in
§459i–5. Administration, protection, and development
(a) Applicability of provisions; utilization of statutory authorities
The seashore shall be administered, protected, and developed in accordance with the provisions of
(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.
(
Section Referred to in Other Sections
This section is referred to in
§459i–6. State and local jurisdiction
Nothing in
(
Section Referred to in Other Sections
This section is referred to in
§459i–7. 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 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
(
Section Referred to in Other Sections
This section is referred to in
§459i–8. Report to President
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.
(
Section Referred to in Other Sections
This section is referred to in
§459i–9. Authorization of appropriations
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.
(
Amendments
1978—
Section Referred to in Other Sections
This section is referred to in
§459j. Canaveral National Seashore; establishment; boundary; boundary revisions; limitation on area
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 Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, 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.
(
Amendments
1994—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§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
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
(
Amendments
1994—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Committee on Science, Space, and Technology of House of Representatives changed to Committee on Science of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Additions to Seashore
Section Referred to in Other Sections
This section is referred to in
§459j–2. Improved property
(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
(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.
(
Section Referred to in Other Sections
This section is referred to in
§459j–3. Designation of hunting, fishing and trapping zones; regulations; consultation with appropriate State agencies
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.
(
Section Referred to in Other Sections
This section is referred to in
§459j–4. Administration, protection, and development
(a) Conservation and management of natural resources
The seashore shall be administered, protected, and developed in accordance with the provisions of
(b) Administration of lands in Merritt Island National Wildlife Refuge
Notwithstanding any other provisions of
(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
(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
(
References in Text
The National Wildlife Refuge System Administration Act, as amended, referred to in subsec. (b), consists of sections 4 and 5 of
Section Referred to in Other Sections
This section is referred to in
§459j–5. Canaveral National Seashore Advisory Commission
(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
(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.
(
Amendments
1976—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§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
On January 3, 1975, those lands to be used for the administrative and visitor facilities described in
(
Section Referred to in Other Sections
This section is referred to in
§459j–7. Report to President
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.
(
Section Referred to in Other Sections
This section is referred to in
§459j–8. Authorization of appropriations; reports to Congressional committees
(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
(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.
(
Amendments
1994—Subsec. (a).
Subsec. (b).
"(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."
1988—Subsec. (b).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER LXIV—RECREATIONAL DEMONSTRATION PROJECTS
§459r. Disposition of recreational demonstration projects
Except as provided in
(June 6, 1942, ch. 380, §1,
Delegation of Functions
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
Silver Creek Project
Act July 30, 1947, ch. 351,
"willamette meridian
"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.
"
"willamette meridian
"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. Transfer of Recreational Demonstration Projects
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 (
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 (
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.
OP No. | RA No. | Name |
---|---|---|
65–11–24 | LD–ME–2 | Camden Hills |
56–143 | LP–ME–2 | Camden Hills |
65–11–25 | LD–ME–3 | Acadia |
56–144 | LP–ME–3 | Acadia |
65–25–340 | LD–MD–4 | Catoctin |
56–147 | LP–MD–4 | Catoctin |
65–13–145 | LD–NH–1 | Bear Brook |
56–183 | LP–NH–1 | Bear Brook |
65–23–3466 | LD–PA–6 | Racoon Creek |
56–232 | LP–PA–6 | Racoon Creek |
65–23–3467 | LD–PA–7 | French Creek |
56–233 | LP–PA–7 | French Creek |
65–23–3468 | LD–PA–8 | Laurel Hill |
56–234 | LP–PA–8 | Laurel Hill |
65–23–3469 | LD–PA–11 | Blue Knob |
56–235 | LP–PA–11 | Blue Knob |
65–23–3470 | LD–PA–12 | Hickory Run |
56–236 | LP–PA–12 | Hickory Run |
65–16–365 | LD–RI–2 | Beach Pond |
56–238 | LP–RI–2 | Beach Pond |
65–51–3019 | LD–MI–4 | Waterloo |
56–152 | LP–MI–4 | Waterloo |
65–51–3020 | LD–MI–6 | Yankee Springs |
56–153 | LP–MI–6 | Yankee Springs |
65–71–4637 | LD–MN–7 | St. Croix |
56–160 | LP–MN–7 | St. Croix |
65–54–1683 | LD–IL–5 | Pere Marquette |
56–126 | LP–IL–5 | Pere Marquette |
65–52–2067 | LD–IN–5 | Versailles |
56–129 | LP–IN–5 | Versailles |
65–52–2068 | LD–IN–6 | Winemac |
56–130 | LP–IN–6 | Winemac |
65–55–2838 | LD–MO–6 | Lake of the Ozarks |
56–167 | LP–MO–6 | Lake of the Ozarks |
65–55–2839 | LD–MO–7 | Cuivre River |
56–168 | LP–MO–7 | Cuivre River |
65–55–2840 | LD–MO–8 | Montserrat |
56–169 | LP–MO–8 | Montserrat |
65–43–1491 | LD–KY–4 | Otter Creek |
56–136 | LP–KY–4 | Otter Creek |
65–32–1133 | LD–NC–8 | Crabtree Creek |
56–203 | LP–NC–8 | Crabtree Creek |
65–32–1134 | LD–NC–11 | Appalachian National Parkway (Blue Ridge Parkway) |
56–204 | LP–NC–11 | Appalachian National Parkway (Blue Ridge Parkway) |
65–44–1315 | LD–TN–11 | Montgomery Bell |
56–266 | LP–TN–11 | Montgomery Bell |
65–44–1316 | LD–TN–12 | Shelby Forest Park |
56–267 | LP–TN–12 | Shelby Forest Park |
65–44–1317 | LD–TN–13 | Falls Creek Falls |
56–268 | LP–TN–13 | Falls Creek Falls |
65–31–1155 | LD–VA–5 | Swift Creek |
56–277 | LP–VA–5 | Swift Creek |
65–31–1156 | LD–VA–6 | Chopawamsic |
56–278 | LP–VA–6 | Chopawamsic |
65–31–1158 | LD–VA–7 | Shenandoah National Park |
56–279 | LP–VA–7 | Shenandoah National Park |
65–31–1516 | LD–VA–8 | Appalachian National Park |
56–280 | LP–VA–8 | Appalachian National Park |
65–31–1157 | LD–VA–9 | Bull Run |
56–281 | LP–VA–9 | Bull Run |
65–31–1159 | LD–VA–13 | Waysides |
56–282 | LP–VA–13 | Waysides |
65–61–1184 | LD–AL–11 | Oak Mountain |
56–96 | LP–AL–11 | Oak Mountain |
65–34–3167 | LD–GA–9 | Hard Labor Creek |
56–120 | LP–GA–9 | Hard Labor Creek |
65–34–3168 | LD–GA–11 | Alex Stephens Memorial |
56–121 | LP–GA–11 | Alex Stephens Memorial |
65–34–3169 | LD–GA–12 | Pine Mountain |
56–122 | LP–GA–12 | Pine Mountain |
65–33–1838 | LD–SC–7 | Cheraw |
56–243 | LP–SC–7 | Cheraw |
65–33–1839 | LD–SC–8 | Kings Mountain |
56–244 | LP–SC–8 | Kings Mountain |
65–33–1840 | LD–SC–12 | Waysides |
56–245 | LP–SC–12 | Waysides |
65–73–221 | LD–ND–12 | Roosevelt Park |
56–216 | LP–ND–12 | Roosevelt Park |
65–74–1475 | LD–SD–14 | Badlands |
56–259 | LP–SD–14 | Badlands |
65–74–1476 | LD–SD–15 | Custer Park |
56–260 | LP–SD–15 | Custer Park |
65–65–695 | LD–OK–9 | Lake Murray |
56–225 | LP–OK–9 | Lake Murray |
65–03–1801 | LD–CF–5 | Mendocino Woodlands |
56–104 | LP–CF–5 | Mendocino Woodlands |
65–83–245 | LD–WY–2 | Lake Guernsey |
56–297 | LP–WY–2 | Lake Guernsey |
65–94–677 | LD–OR–4 | Silver Creek |
56–299 | LP–OR–4 | Silver Creek |
65–85–932 | LD–NM–14 | White Sands |
56–197 | LP–NM–14 | White Sands |
Section Referred to in Other Sections
This section is referred to in
§459s. Lands for certain projects added to certain projects
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,
Codification
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.
Hopewell Village Boundary Revision
Act July 24, 1946, ch. 604,
Silver Creek Recreational Demonstration Project
Act June 9, 1947, ch. 100,
"
Catoctin Recreational Demonstration Area
Act Aug. 24, 1954, ch. 903,
Section Referred to in Other Sections
This section is referred to in
§459t. Secretary of the Interior authorized to execute deeds and leases for project lands; inclusion of conditional covenants
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
(June 6, 1942, ch. 380, §3,
Section Referred to in Other Sections
This section is referred to in
§459u. Exchange of recreational demonstration project lands by grantee
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
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,
SUBCHAPTER LXV—NATIONAL PARKWAYS
§460. Natchez Trace Parkway
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
(May 18, 1938, ch. 251, §1,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
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,
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
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,
Effective Date of Transfer of Functions
Transfer of functions by act June 30, 1949, as effective July 1, 1949, see note set out under
Relocation of Portions of Parkway
"
"
Lands in French Camp
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,
§460–1. Inclusion of Ackia Battleground National Monument and Meriwether Lewis National Monument
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.
(
§460a. Licenses or permits for right-of-way over parkway lands
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,
§460a–1. Acceptance of lands conveyed for Blue Ridge or Natchez Trace Parkways
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,
§460a–2. Blue Ridge Parkway; establishment; administration and maintenance
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
(June 30, 1936, ch. 883, §1,
Amendments
1940—Act June 8, 1940, inserted exceptions set out in parenthesis.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
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,
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
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,
Effective Date of Transfer of Functions
Transfer of functions by act June 30, 1949, as effective July 1, 1949, see note set out under
Cross References
Acceptance of lands conveyed for purposes of Blue Ridge Parkway, see
§460a–3. Licenses or permits to owners of adjacent lands
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,
§460a–4. Transfer of jurisdiction to Secretary of Agriculture; national forest lands
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 (
(May 13, 1952, ch. 263,
References in Text
The Weeks Law of March 1, 1911 (
Section Referred to in Other Sections
This section is referred to in
§460a–5. Acquisition of land contiguous to Blue Ridge or Natchez Trace Parkways
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.
(
§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
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.
(
§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
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 (
(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.
(
References in Text
Act of August 10, 1961, referred to in text, is
§460a–8. Licenses or permits for rights-of-way over parkway lands
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.
(
§460a–9. Part of Blue Ridge Parkway; administration and maintenance of parkway extension
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
(
§460a–10. Transfer of national forest lands to Secretary of Agriculture
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.
(
§460a–11. Authorization of appropriations
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.
(
§§460b, 460c. Repealed. Pub. L. 85–767, §2 [19, 21, 23, 33], Aug. 27, 1958, 72 Stat. 919
Section 460b, acts June 16, 1936, ch. 582, §5,
Section 460c, act Sept. 7, 1950, ch. 912, §4(b),
SUBCHAPTER LXVI—PUBLIC PARK AND RECREATIONAL FACILITIES AT WATER RESOURCE DEVELOPMENT PROJECTS
§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
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
(Dec. 22, 1944, ch. 665, §4,
Amendments
1970—
1964—
1962—
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.
Change of Name
"United States magistrate judge" substituted for "United States magistrate" wherever appearing in text pursuant to section 321 of
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,
Effective Date of 1964 Amendment
Amendment by
Cabin Site Leases
"(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 (
Prohibition on Orders To Remove Houseboats, etc., From Reservoirs or Projects Administered by Secretary of the Army
Similar provisions were contained in
Secretary of the Air Force
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.
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see
Section Referred to in Other Sections
This section is referred to in title 33 section 2297.
§460d–1. Rentals or other considerations in leases for construction, maintenance, and operation of commercial recreational facilities; adjustment by Chief of Engineers
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.
(
Amendments
1965—
§460d–2. Adjustment by Secretary of Agriculture
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.
(
§460d–3. Recreational user fees
(a) Prohibition on admissions fees
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.
(b) Fees for use of developed recreation sites and facilities
(1) Establishment and collection
Notwithstanding
(2) Exemption of certain facilities
The Secretary shall not establish or collect fees under this subsection for the use or provision of drinking water, wayside exhibits, roads, scenic drives, overlook sites, picnic tables, toilet facilities, surface water areas, undeveloped or lightly developed shoreland, or general visitor information.
(3) Per vehicle limit
The fee under this subsection for use of a site or facility (other than an overnight camping site or facility or any other site or facility at which a fee is charged for use of the site or facility as of August 10, 1993) for persons entering the site or facility by private, noncommercial vehicle transporting not more than 8 persons (including the driver) shall not exceed $3 per day per vehicle. Such maximum amount may be adjusted annually by the Secretary for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
(4) Deposit into Treasury account
All fees collected under this subsection shall be deposited into the Treasury account for the Corps of Engineers established by
(
Amendments
1993—
SUBCHAPTER LXVII—COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR AREAS
§460e. Authorization for sale of public lands; rights of lessee
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
(Aug. 6, 1956, ch. 987, §1,
§460f. Notice and method of sale; price; conveyance
(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,
Section Referred to in Other Sections
This section is referred to in
§460g. Transfer to State, etc., for roadway purposes
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,
§460h. Costs of surveys or relocation of boundaries
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,
§460i. Delegation of powers; regulations
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,
§460j. Disposition of proceeds
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,
SUBCHAPTER LXVIII—NATIONAL CONSERVATION RECREATIONAL AREAS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§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
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.
(
Amendments
1966—
Short Title
§460k–1. Acquisition of lands for recreational development; funds
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
(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.
(
Amendments
1973—
1972—
Effective Date of 1973 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§460k–2. Cooperation with agencies, organizations and individuals; acceptance of donations; restrictive covenants
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.
(
§460k–3. Charges and fees; permits; regulations; penalties; enforcement
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.
(
Amendments
1984—
1978—
Effective Date of 1984 Amendment
Amendment by
§460k–4. Authorization of appropriations
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.
(
SUBCHAPTER LXIX—OUTDOOR RECREATION PROGRAMS
Part A—Coordination of Programs
§460l. Congressional findings and declaration of policy
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.
(
Environmental Quality Council
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 Referred to in Other Sections
This section is referred to in
§460l–1. Powers and duties of Secretary of the Interior
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
(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.
(
Codification
In subsec. (f), "section 3324(a) and (b) of title 31" substituted for "section 3648 of the Revised Statutes (
Amendments
1970—Subsec. (f).
Effective Date of 1970 Amendment
For effective date of amendment by
Connecticut River National Recreation Area Feasibility Study
Section Referred to in Other Sections
This section is referred to in
§460l–2. Consultations of Secretary of the Interior with administrative officers; execution of administrative responsibilities in conformity with nationwide plan
In order further to carry out the policy declared in
(
Section Referred to in Other Sections
This section is referred to in
§460l–3. Definitions
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.
(
Amendments
1980—
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Part B—Land and Water Conservation Fund
Part Referred to in Other Sections
This part is referred to in
§460l–4. Land and water conservation provisions; statement of purposes
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.
(
Effective Date
Section 1(a) of
Short Title
Section 1(a) of
Survey of Entrance and User Fees
Secretary of the Interior required by section 4 of
Cross References
Uniform application of
§460l–5. Land and water conservation fund; establishment; covering certain revenues and collections into fund
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 (
(b) Motorboat fuels tax
The amounts provided for in
(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 (
(
References in Text
The provisions of the Independent Offices Appropriation Act, referred to in subsec. (a), are the provisions of
The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (a), is act June 30, 1949, ch. 288,
The Outer Continental Shelf Lands Act, referred to in subsec. (c)(2), is act Aug. 7, 1953, ch. 345,
Amendments
1987—
1977—Subsec. (c)(1).
1976—
Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
1970—Subsec. (a)(i).
Subsec. (c)(1).
Subsec. (c)(2).
1968—Subsec. (a).
Subsecs. (b), (c).
1965—Subsec. (a).
Effective Date of 1968 Amendment
Section 1(d) of
Elimination of System of Admission and User Fees for Federal Recreation Areas
Ex. Ord. No. 11200. Establishment of Recreation User Fees
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,
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,
NOW, THEREFORE, by virtue of the authority vested in me by the Act, by
(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.
(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.
(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."
(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.
(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 [
(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
Lyndon B. Johnson.
Cross References
Distribution of surplus government property, see
Uniform application of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be section "485(b)–(e)".
§460l–5a. Repealed. Pub. L. 100–203, title V, §5201(d)(1), Dec. 22, 1987, 101 Stat. 1330–266
Section,
Recreation Use Fees Collected and Deposited in United States Treasury by Corps of Engineers
§460l–6. Appropriations for expenditure of land and water conservation fund moneys; transfers to miscellaneous receipts of Treasury
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
(
Amendments
1987—
Section Referred to in Other Sections
This section is referred to in
§460l–6a. Admission and special recreation use fees
(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 or National Conservation Areas administered by the Department of the Interior and National Recreation Areas, National Monuments, National Volcanic Monuments, National Scenic Areas, and no more than 21 areas of concentrated public use administered by the Department of Agriculture. For purposes of this subsection, the term "area of concentrated public use" means an area that is managed primarily for outdoor recreation purposes, contains at least one major recreation attraction, where facilities and services necessary to accommodate heavy public use are provided, and public access to the area is provided in such a manner that admission fees can be efficiently collected at one or more centralized locations. 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)(i) 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 for a period of 12 months from the date 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.
(ii) The Secretary of the Interior and the Secretary of Agriculture may authorize businesses, nonprofit entities, and other organizations to sell and collect fees for the Golden Eagle Passport subject to such terms and conditions as the Secretaries may jointly prescribe. The Secretaries shall develop detailed guidelines for promotional advertising of non-Federal Golden Eagle Passport sales and shall monitor compliance with such guidelines. The Secretaries may authorize the sellers to withhold amounts up to, but not exceeding 8 percent of the gross fees collected from the sale of such passports as reimbursement for actual expenses of the sales. Receipts from such non-Federal sales of the Golden Eagle Passport shall be deposited into the special account established in subsection (i) of this section, to be allocated between the Secretary of the Interior and the Secretary of Agriculture in the same ratio as receipts from admission into Federal fee areas administered by the Secretary of Agriculture and the Secretary of the Interior pursuant to subsection (a) of this section.
(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
(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 for a one-time charge of $10, 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
(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, or toilet facilities, nor shall there be any such charge solely for the use of picnic tables: Provided, That in no event shall there be a charge for the use of any campground not having a majority of the following: tent or trailer spaces, picnic tables, 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). For the purposes of this subsection, the term "specialized outdoor recreation sites" includes, but is not limited to, campgrounds, swimming sites, boat launch facilities, and managed parking lots. 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
(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 Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the 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)(A) 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.
(B) Notwithstanding subparagraph (A), in any fiscal year, the Secretary of Agriculture and the Secretary of the Interior may withhold from the special account established under subparagraph (A) such portion of all receipts collected from fees imposed under this section in such fiscal year as the Secretary of Agriculture or the Secretary of the Interior, as appropriate, determines to be equal to the fee collection costs for that fiscal year: Provided, That such costs shall not exceed 15 percent of all receipts collected from fees imposed under this section in that fiscal year. The amounts so withheld shall be retained by the Secretary of Agriculture or the Secretary of the Interior, as appropriate, and shall be available, without further appropriation, for expenditure by the Secretary concerned to cover fee collection costs in that fiscal year. The Secretary concerned shall deposit into the special account established pursuant to subparagraph (A) any amounts so retained which remain unexpended and unobligated at the end of the fiscal year. For the purposes of this subparagraph, for any fiscal year, the term "fee collection costs" means those costs for personnel and infrastructure directly associated with the collection of fees imposed under this section.
(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.
(n) Commercial tour use fees
(1) In the case of each unit of the National Park System for which an admission fee is charged under this section, the Secretary of the Interior shall establish, by October 1, 1993, a commercial tour use fee to be imposed on each vehicle entering the unit for the purpose of providing commercial tour services within the unit. Fee revenue derived from such commercial tour use fees shall be deposited into the special account established under subsection (i) of this section.
(2) The Secretary shall establish the amount of fee per entry as follows:
(A) $25 per vehicle with a passenger capacity of 25 persons or less, and
(B) $50 per vehicle with a passenger capacity of more than 25 persons.
(3) The Secretary may periodically make reasonable adjustments to the commercial tour use fee imposed under this subsection.
(4) The commercial tour use fee imposed under this subsection shall not apply to either of the following:
(A) Any vehicle transporting organized school groups or outings conducted for educational purposes by schools or other bona fide educational institutions.
(B) Any vehicle entering a park system unit pursuant to a contract issued under the Act of October 9, 1965 (
(5)(A) The provisions of this subsection shall apply to aircraft entering the airspace of units of the National Park System identified in section 2(b) and section 3 of
(B) The provisions of this subsection shall also apply to aircraft entering the airspace of other units of the National Park System for the specific purpose of providing commercial tour services if the Secretary determines that the level of such services is equal to or greater than the level at those units of the National Park System specified in subparagraph (A).
(
References in Text
The words "three years after the date of enactment of this Act", referred to in subsec. (a)(4), refer to the enactment of
Act of October 9, 1965, referred to in subsec. (n)(4)(B), is
Prior Provisions
A prior section 4 of
Amendments
1994—Subsec. (h).
1993—Subsec. (a).
Subsec. (a)(1)(A).
Subsec. (a)(4).
Subsec. (b).
Subsec. (i)(1).
Subsec. (n).
1987—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(6) to (12).
Subsec. (f).
Subsecs. (i) to (m).
1980—Subsec. (a)(2).
Subsec. (a)(5).
Subsec. (b).
1974—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(4).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsecs. (g), (h).
1973—Subsec. (a)(2).
Subsec. (b).
Change of Name
"United States magistrate judge" substituted for "United States magistrate" in subsec. (e) pursuant to section 321 of
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Transfer of Functions
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,
Study To Assess Traffic Congestion and Overcrowding at Certain Park System Units
Section 5201(e) of
Prohibition on Entrance Fee at Statue of Liberty National Monument
Recreation Use Fees Collected and Deposited in United States Treasury by Corps of Engineers
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
Establishment and Collection of Use or Royalty Fees for Manufacture, Reproduction, or Use of "Golden Eagle Insignia"
Section 3(a) of
Termination of Rights in "Golden Eagle Insignia"
Section 3(d) of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "National Park System:".
§460l–6b. Repealed. Pub. L. 100–203, title V, §5201(d)(2), Dec. 22, 1987, 101 Stat. 1330–267
Section,
§460l–6c. Admission, entrance, and recreation fees
(a) Definitions
As used in this section:
(1) Area of concentrated public use
The term "area of concentrated public use" means an area administered by the Secretary that meets each of the following criteria:
(A) The area is managed primarily for outdoor recreation purposes.
(B) Facilities and services necessary to accommodate heavy public use are provided in the area.
(C) The area contains at least 1 major recreation attraction.
(D) Public access to the area is provided in such a manner that admission fees can be efficiently collected at 1 or more centralized locations.
(2) Boat launching facility
The term "boat launching facility" includes any boat launching facility, regardless of whether specialized facilities or services, such as mechanical or hydraulic boat lifts or facilities, are provided.
(3) Campground
The term "campground" means any campground where a majority of the following amenities are provided, as determined by the Secretary:
(A) Tent or trailer spaces.
(B) Drinking water.
(C) An access road.
(D) Refuse containers.
(E) Toilet facilities.
(F) The personal collection of recreation use fees by an employee or agent of the Secretary.
(G) Reasonable visitor protection.
(H) If campfires are permitted in the campground, simple devices for containing the fires.
(4) Secretary
The term "Secretary" means the Secretary of Agriculture.
(b) Authority to impose fees
The Secretary may charge—
(1) admission or entrance fees at national monuments, national volcanic monuments, national scenic areas, and areas of concentrated public use administered by the Secretary; and
(2) recreation use fees at lands administered by the Secretary in connection with the use of specialized outdoor recreation sites, equipment, services, and facilities, including visitors' centers, picnic tables, boat launching facilities, and campgrounds.
(c) Amount of fees
The amount of the admission, entrance, and recreation fees authorized to be imposed under this section shall be determined by the Secretary.
(
Codification
Section was enacted as part of the Agricultural Reconciliation Act of 1993 and as part of the Omnibus Budget Reconciliation Act of 1993, and not as part of the Land and Water Conservation Fund Act of 1965 which comprises this part.
§460l–7. Allocation of land and water conservation fund for State and Federal purposes
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
(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.
(
References in Text
The convening of the Ninety-fifth Congress, referred to in text, took place on Jan. 4, 1977.
Prior Provisions
A prior section 5 of
Amendments
1977—
1976—
Subsec. (b).
1968—Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
§460l–8. Financial assistance to States
(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
(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
(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 Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate 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 [
(h) Capital improvement and other projects to reduce crime
(1) Availability of funds
In addition to assistance for planning projects, and in addition to the projects identified in subsection (e) of this section, and from amounts appropriated out of the Violent Crime Reduction Trust Fund, the Secretary may provide financial assistance to the States, not to exceed $15,000,000, for projects or combinations thereof for the purpose of making capital improvements and other measures to increase safety in urban parks and recreation areas, including funds to—
(A) increase lighting within or adjacent to public parks and recreation areas;
(B) provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to public parks and recreation areas;
(C) increase security personnel within or adjacent to public parks and recreation areas; and
(D) fund any other project intended to increase the security and safety of public parks and recreation areas.
(2) Eligibility
In addition to the requirements for project approval imposed by this section, eligibility for assistance under this subsection shall be dependent upon a showing of need. In providing funds under this subsection, the Secretary shall give priority to projects proposed for urban parks and recreation areas with the highest rates of crime and, in particular, to urban parks and recreation areas with the highest rates of sexual assault.
(3) Federal share
Notwithstanding subsection (c) of this section, the Secretary may provide 70 percent improvement grants for projects undertaken by any State for the purposes described in this subsection, and the remaining share of the cost shall be borne by the State.
(
References in Text
The Housing Act of 1961, referred to in subsec. (g), is
Section 701 of the Housing Act of 1954, referred to in subsec. (g), was repealed by
Prior Provisions
A prior section 6 of
Amendments
1994—Subsec. (f)(7).
Subsec. (h).
1986—Subsec. (d).
Subsec. (e)(1).
Subsec. (f)(3).
1978—Subsec. (f)(7).
1976—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1974—Subsec. (e)(1).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Transfer of Functions
All functions of the Housing and Home Finance Agency and the Administrator thereof were transferred to the Secretary of Housing and Urban Development by section 5(a) of the Department of Housing and Urban Development Act (
Executive Order No. 11237
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.
Cross References
Violent Crime Reduction Trust Fund, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a period.
2 So in original. The period probably should not appear.
3 See References in Text note below.
§460l–9. Allocation of land and water conservation fund moneys for Federal purposes
(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 allotted 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
(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 Natural Resources 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 Natural Resources 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.
(
References in Text
The effective date of this Act, referred to in subsec. (a)(1), means the effective date of
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.
Prior Provisions
A prior section 7 of
Amendments
1994—Subsecs. (a)(3), (c).
1986—Subsec. (a)(1).
1980—Subsec. (a)(3).
Subsec. (c).
1977—Subsec. (a)(3).
Subsec. (b).
Subsec. (c).
1976—Subsec. (a)(1).
Subsec. (b).
1973—Subsec. (a)(1).
1968—Subsec. (a).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Effective Date of 1973 Amendment
Amendment by
Effective Date of 1968 Amendment
For effective date of amendment by
Section Referred to in Other Sections
This section is referred to in
§460l–10. Availability of land and water conservation fund for publicity purposes; standardized temporary signing; standards and guidelines
Moneys derived from the sources listed in
(
Prior Provisions
A prior section 8 of
Amendments
1976—
§460l–10a. Contracts for acquisition of lands and waters
Not to exceed $30,000,000 of the money authorized to be appropriated from the fund by
(
Prior Provisions
A prior section 9 of
Amendments
1974—
1970—
Rescission of Contract Authority
Provisions rescinding contract authority provided for specific fiscal years by
Section Referred to in Other Sections
This section is referred to in
§460l–10b. Contracts for options to acquire lands and waters in national park system
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
(
Prior Provisions
A prior section 10 of
§460l–10c. Repeal of provisions prohibiting collection of recreation fees or user charges
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.
(
Codification
In addition to the text set out in the section above, the original contained provisions directing the repeal of
Section formerly constituted the fourth paragraph of section 2(a) of
Effective Date
Section effective Jan. 1, 1965, see note set out under
§460l–10d. Review and report; submittal to Congressional committees; contents
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.
(
Change of Name
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 No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460l–11. Transfers to and from land and water conservation fund
(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
(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
(2) 80 percent of the floor stocks refunds made before October 1, 1998, under
(
References in Text
Amendments
1991—Subsec. (b).
1990—Subsec. (b).
1987—Subsec. (b).
1986—Subsec. (a).
Subsec. (b)(1).
1983—Subsec. (b).
1978—Subsec. (b).
1976—Subsec. (b).
1970—Subsec. (b).
Effective Date of 1986 Amendment
Amendment by section 1875(e) of
Effective Date of 1983 Amendment
Amendment by
Effective Date
Section effective Jan. 1, 1965, see note set out under
Plan Amendments Not Required Until January 1, 1989
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
Section Referred to in Other Sections
This section is referred to in
Part C—Water Resources Projects
Part Referred to in Other Sections
This part is referred to in
§460l–12. Recreation and fish and wildlife benefits of Federal multiple-purpose water resources projects; Congressional declaration of policy
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.
(
References in Text
This part, referred to in text, was in the original "this Act", meaning
Short Title
Section 12 of
§460l–13. Non-Federal administration of project land and water areas
(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 not less than one-half 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.
(
Amendments
1992—Subsec. (a).
1974—Subsec. (a).
Effective Date of 1974 Amendment
Section 77(b) of
Cost Sharing Requirements
Section 77(c) of
Section Referred to in Other Sections
This section is referred to in
§460l–14. Facilities of project modifications to be provided without written indication of intent
(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
(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
(1) If non-Federal public bodies execute an agreement 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 not less than one-half the costs of planning studies, and the 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.
(c) Expansion or modification of existing facilities
(1) Any recreation facility constructed under this part may be expanded or modified if—
(A) the facility is inadequate to meet recreational demands; and
(B) a non-Federal public body executes an agreement which provides that such public body—
(i) will administer the expanded or modified facilities pursuant to a plan for development for the project that is approved by the agency with administrative jurisdiction over the project; and
(ii) will bear not less than one-half of the planning and capital costs of such expansion or modification and not less than one-half of the costs of the operation, maintenance, and replacement attributable to the expansion of the facility.
(2) The Federal share of the cost of expanding or modifying a recreational facility described in paragraph (1) may not exceed 50 percent of the total cost of expanding or modifying the facility.
(
References in Text
The surplus property laws of the United States, referred to subsec. (b)(2), are classified generally to
This part, referred to in subsec. (c)(1), was in the original "this Act", meaning
Amendments
1992—Subsec. (b)(1).
Subsec. (c).
1974—Subsec. (b)(1).
Effective Date of 1974 Amendment
For effective date of amendment by
Section Referred to in Other Sections
This section is referred to in
§460l–15. Lease of facilities and lands to non-Federal public bodies
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 1 not less than one-half 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.
(
Amendments
1992—
Section Referred to in Other Sections
This section is referred to in
1 So in original. The word "the" probably should not appear.
§460l–16. Postauthorization development of projects without allocation or reallocation of costs
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.
(
Section Referred to in Other Sections
This section is referred to in
§460l–17. Miscellaneous provisions
(a) Project reports; outdoor recreation views; conformity to State comprehensive plan
The views of the Secretary of the Interior developed in accordance with
(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 [
(e) Nonapplication to certain other projects
(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
(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
(
References in Text
This part, referred to in subsecs. (a), (d), (f), and (h), was in the original "this Act", meaning
The Small Reclamation Projects Act, referred to in subsec. (d), is act Aug. 6, 1956, ch. 972,
The Watershed Protection and Flood Prevention Act, referred to in subsec. (d), is act Aug. 4, 1954, ch. 656,
Codification
Subsec. (b) of this section amended
Amendments
1976—Subsec. (d).
§460l–18. Authority of Secretary of the Interior
(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; 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. Lands, facilities and project modifications for the purposes of this subsection may be provided only after an agreement in accordance with subsection (b) or (c) of
(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.
(
References in Text
The Federal reclamation laws, referred to in subsec. (a), are classified generally to
Amendments
1992—Subsec. (a).
§460l–19. Feasibility reports
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.
(
References in Text
Reclamation law, referred to in text, is classified generally to
§460l–20. Construction of projects under certain laws with allocations to recreation and fish and wildlife enhancement exceeding allocations to other functions unauthorized; exception
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.
(
References in Text
This part, referred to in text, was in the original "this Act", meaning
The Federal reclamation laws, referred to in text, are classified generally to
Rivers and Harbors or Flood Control Act, referred to in text, is classified principally to Title 33, Navigation and Navigable Waters.
§460l–21. Definitions
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.
(
References in Text
This part, referred to in text, was in the original "this Act", meaning
Part D—Land Transfers
§460l–22. Conveyance of property and interests in property in national park system and miscellaneous areas
(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.
(
Amendments
1984—Subsecs. (c), (d).
Cross References
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 Referred to in Other Sections
This section is referred to in
Part E—Reclamation Recreation Management
§460l–31. Findings
The Congress finds and declares the following:
(1) There is a Federal responsibility to provide opportunities for public recreation at Federal water projects.
(2) Some provisions of the Federal Water Project Recreation Act [
(3) Provisions of such Act relating to non-Federal responsibility for all costs of operation, maintenance, and replacement of recreation facilities result in an unfair burden, especially in cases where the facilities are old or underdesigned.
(4) Provisions of such Act that limit the Federal share of recreation facility development at water projects completed before 1965 to $100,000 preclude a responsible Federal share in providing adequate opportunities for safe outdoor recreation.
(5) There should be Federal authority to expand existing recreation facilities to meet public demand, in partnership with non-Federal interests.
(6) Nothing in this part changes the responsibility of the Bureau to meet the purposes for which Federal Reclamation projects were initially authorized and constructed.
(7) It is therefore in the best interest of the people of this Nation to amend the Federal Water Project Recreation Act [
(
References in Text
The Federal Water Project Recreation Act, referred to in pars. (2) to (4) and (7), is
This part, referred to in par. (6), was in the original "this title", meaning title XXVIII of
Short Title
Section 2801 of title XXVIII of
§460l–32. Definitions
For the purposes of this part:
(1) The term "Reclamation lands" means real property administered by the Secretary, acting through the Commissioner of Reclamation, and includes all acquired and withdrawn lands and water areas under jurisdiction of the Bureau.
(2) The term "Reclamation program" means any activity authorized under the Federal reclamation laws (the Act of June 17, 1902 (
(3) The term "Reclamation project" means any water supply or water delivery project constructed or administered by the Bureau of Reclamation under the Federal reclamation laws (the Act of June 17, 1902 (
(4) The term "Secretary" means the Secretary of the Interior.
(
References in Text
This part, referred to in text, was in the original "this title", meaning title XXVIII of
The Federal reclamation laws, referred to in pars. (2) and (3), include act June 17, 1902, ch. 1093,
1 So in original. There should probably be only a single closing parenthesis.
§460l–33. Management of reclamation lands
(a) Administration
(1) Upon a determination that any such fee, charge, or commission is reasonable and appropriate, the Secretary acting through the Commissioner of Reclamation, is authorized to establish—
(A) filing fees for applications and other documents concerning entry upon and use of Reclamation lands;
(B) recreation user fees; and
(C) charges or commissions for the use of Reclamation lands.
(2) The Secretary, acting through the Commissioner of Reclamation, shall promulgate such regulations as the Secretary determines to be necessary—
(A) to carry out the provisions of this section and
(B) to ensure the protection, comfort, and well-being of the public (including the protection of public safety) with respect to the use of Reclamation lands; and
(C) to ensure the protection of resource values.
(b) Inventory
The Secretary, acting through the Commissioner of Reclamation, is authorized to—
(1) prepare and maintain on a continuing basis an inventory of resources and uses made of Reclamation lands and resources, keep records of such inventory, and make such records available to the public; and
(2) ascertain the boundaries of Reclamation lands and provide a means for public identification (including, where appropriate, providing signs and maps).
(c) Planning
(1)(A) 1 The Secretary, acting through the Commissioner of Reclamation, is authorized to develop, maintain, and revise resource management plans for Reclamation lands.
(B) Each plan described in subparagraph (A)—
(i) shall be consistent with applicable laws (including any applicable statute, regulation, or Executive order);
(ii) shall be developed in consultation with—
(I) such heads of Federal and non-Federal departments or agencies as the Secretary determines to be appropriate; and
(II) the authorized beneficiaries (as determined by the Secretary) of any Reclamation project included in the plan; and
(iii) shall be developed with appropriate public participation.
(C) Each plan described in subparagraph (A) shall provide for the development, use, conservation, protection, enhancement, and management of resources of Reclamation lands in a manner that is compatible with the authorized purposes of the Reclamation project associated with the Reclamation lands.
(d) Nonreimbursable funds
Funds expended by the Secretary in carrying out the provisions of this part shall be nonreimbursable under the Federal reclamation laws (the Act of June 17, 1902 (
(
References in Text
This part, referred to in subsec. (d), was in the original "this title", meaning title XXVIII of
The Federal reclamation laws, referred to in subsec. (d), include act June 17, 1902, ch. 1093,
1 So in original. No par. (2) has been enacted.
§460l–34. Protection of authorized purposes of reclamation projects
(a) Nothing in this part shall be construed to change, modify, or expand the authorized purposes of any Reclamation project.
(b) The expansion or modification of a recreational facility constructed under this part shall not increase the capital repayment responsibilities or operation and maintenance expenses of the beneficiaries of authorized purposes of the associated Reclamation project. The term "beneficiaries" does not include those entities who sign agreements or enter into contracts for recreation facilities pursuant to the Federal Water Project Recreation Act [
(
References in Text
This part, referred to in text, was in the original "this title", meaning title XXVIII of
The Federal Water Project Recreation Act, referred to in subsec. (b), is
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER LXX—OZARK NATIONAL SCENIC RIVERWAYS
§460m. Establishment
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.
(
Section Referred to in Other Sections
This section is referred to in
§460m–1. Acquisition of lands, easements, etc.; exchange of lands; consent of State; reversion to State; administrative jurisdiction of Federal lands or waters
The Secretary may, within the area designated or altered pursuant to
(
Amendments
1972—
§460m–2. Reservation of use and occupancy of improved property for noncommercial residential purposes; term; valuation
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.
(
§460m–3. Establishment; notice in Federal Register; alteration of boundaries; acreage limitation
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 Referred to in Other Sections
This section is referred to in
§460m–4. Cooperative land development programs; hunting and fishing
(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.
(
§460m–5. Administration
The Ozark National Scenic Riverways shall be administered in accordance with the provisions of
(
§460m–6. Ozark National Scenic Riverways Commission
(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
(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.
(
§460m–7. Authorization of appropriations
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.
(
Amendments
1972—
SUBCHAPTER LXXI—BUFFALO NATIONAL RIVER
§460m–8. Establishment
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 Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate in writing, but the total acreage within such boundaries shall not exceed ninety-five thousand seven hundred and thirty acres.
(
Amendments
1994—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460m–9. Acquisition of lands and waters
(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 [
(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.
(
References in Text
The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (a), is act June 30, 1949, ch. 288,
§460m–10. Hunting and fishing; rules and regulations
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.
(
§460m–11. Water resource projects
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 (
(
References in Text
The Federal Power Act, referred to in text, is act June 10, 1920, ch. 285,
Amendments
1994—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Transfer of Functions
"Federal Energy Regulatory Commission" substituted for "Federal Power Commission" in text pursuant to
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
§460m–12. Administration, protection, and development
The Secretary shall administer, protect, and develop the Buffalo National River in accordance with the provisions of
(
§460m–13. Suitability for preservation as a wilderness; area review and report to President
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.
(
§460m–14. Authorization of appropriations
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.
(
Amendments
1978—
1976—
SUBCHAPTER LXXI–A—NEW RIVER GORGE NATIONAL RIVER
§460m–15. Establishment; administration, protection, and development; utilization of other authorities; boundary description, availability for public inspection
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
(
Amendments
1988—
Short Title of 1988 Amendment
Section 1 of
New, Gauley, Meadow, and Bluestone Rivers; Congressional Findings and Purpose
Section 2 of
"(a)
"(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)
Coordination Among Recreational Resources
Section 401 of
Special Provisions
Section 402 of
Consolidated Management
Section 404 of
New Spending Authority
Section 405 of
§460m–16. Acquisition of property
(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.
(
References in Text
This Act, referred to in subsec. (c), is
Codification
Amendments
1986—Subsec. (a).
§460m–17. Lands and areas plan; submission to Congressional committees
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.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460m–18. Zoning laws and ordinances; establishment; assistance; restrictions; variances
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.
(
§460m–19. Mineral lands
(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.
(
§460m–20. Hunting and fishing zones; designation; rules and regulations, consultation
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.
(
§460m–21. Project work prohibition; advisement to Secretary; report to Congress
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 (
(
References in Text
The Federal Power Act (
1 So in original. Probably should be "affect".
§460m–22. General management plan; submission to Congressional committees
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.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460m–23. Cooperation
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.
(
Section Referred to in Other Sections
This section is referred to in
§460m–24. Class I or class II redesignation for clean air purposes
For the purposes of part C of the Clean Air Act [
(
References in Text
The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, as amended generally by
§460m–25 . Authorization of appropriations
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.
(
Codification
Amendments
1986—
§460m–26 . Cooperative agreements with State
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.
(
§460m–27 . Improvement of access at Cunard
(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.
(
§460m–28 . Flow management
(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
(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.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460m–29 . Glade Creek visitor facility
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.
(
SUBCHAPTER LXXII—LAKE MEAD NATIONAL RECREATION AREA
§460n . Administration
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.
(
§460n–1 . Boundaries of area; filing of map with Federal Register; revision; donations of land; property acquisition and exclusion
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.
(
Section Referred to in Other Sections
This section is referred to in
§460n–2 . Hualapai Indian lands; inclusion within area; mineral rights; leases and permits; hunting and fishing rights
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.
(
§460n–3 . Purposes and uses of area
(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.
(
§460n–4 . Hunting, fishing and trapping
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.
(
§460n–5 . Regulation of area; violations and penalties
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.
(
Amendments
1976—
§460n–6 . Political jurisdiction; taxing power; Hualapai Indians
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.
(
§460n–7 . Revenues and fees; disposition
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.
(
§460n–8 . United States magistrate judge: appointment; functions; probation; fees
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
(
Amendments
1988—
1984—
Change of Name
"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
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
§460n–9 . Authorization of appropriations
There are hereby authorized to be appropriated not more than $7,100,000 for the acquisition of land and interests in land pursuant to
(
Amendments
1974—
SUBCHAPTER LXXIII—DELAWARE
WATER GAP NATIONAL
RECREATION AREA
Subchapter Referred to in Other Sections
This subchapter is referred to in
§460o . Establishment
In order to further the purposes of the joint resolution approved September 27, 1961 (re Delaware River Basin compact;
(
References in Text
The joint resolution approved September 27, 1961, referred to in text, is
Delaware Water Gap National Recreation Area Citizen Advisory Commission
"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)
"(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)
"(c)
"(d)
"(e)
"(f)
"(g)
"(h)
"SEC. 3. POWERS OF COMMISSION.
"(a)
"(b)
"(c)
"(d)
"(e)
"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."
§460o–1 . Acquisition of lands
(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 [
(
References in Text
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (d), is
Amendments
1978—Subsec. (a).
1972—Subsec. (d).
Section Referred to in Other Sections
This section is referred to in
§460o–2 . Designation of area; boundaries
(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
(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.
(
§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
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;
(
Section Referred to in Other Sections
This section is referred to in
§460o–4 . Land and water use management plan; adoption, implementation, and revision; provisions
In the administration of the area for the purposes of this subchapter, the Secretary of the Interior, subject to provisions of
(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.
(
§460o–5 . Hunting and fishing
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.
(
§460o–6 . Civil and criminal jurisdiction and taxing power of State
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.
(
§460o–7 . Authorization of appropriations
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
(
References in Text
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
Amendments
1972—
SUBCHAPTER LXXIV—SPRUCE KNOB-SENECA ROCKS NATIONAL RECREATION AREA
§460p . Establishment
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.
(
§460p–1 . Designation of area; acreage limitation; boundaries; publication in Federal Register
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.
(
Section Referred to in Other Sections
This section is referred to in
§460p–2 . Acquisition of lands, etc.
(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
(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
(
§460p–3 . Outdoor recreation facilities development; cooperation with Federal and State agencies
(a) After the Secretary acquires an acreage within the area designated pursuant to paragraph (1) of
(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.
(
§460p–4 . Administration, protection, and development
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.
(
§460p–5 . Hunting and fishing
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.
(
SUBCHAPTER LXXV—WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION AREA
§460q . Establishment; boundaries; administration; integrated management policies
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.
(
§460q–1 . Acquisition of property
(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 nonconforming 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.
(
§460q–2 . Establishment of units; publication in Federal Register; boundary descriptions
(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.
(
§460q–3 . Administration; land and water use management plans, preparation and revision; utilization of statutory authorities
(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.
(
§460q–4 . Hunting and fishing
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.
(
§460q–5 . Mineral development; payment of receipts into certain funds or accounts in Treasury; disposition of receipts
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
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.
(
References in Text
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,
The Acquired Lands Mineral Leasing Act of August 7, 1947, referred to in text, is act Aug. 7, 1947, ch. 513,
§460q–6 . State jurisdiction
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.
(
§460q–7 . Shasta and Trinity National Forests; additions of lands
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 (
(
References in Text
Act of March 19, 1948 (
§460q–8. Revenues and fees; disposition
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.
(
§460q–9. Authorization of appropriations
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.
(
Amendments
1978—
SUBCHAPTER LXXVI—MOUNT ROGERS NATIONAL RECREATION AREA
§460r. Establishment
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.
(
§460r–1. Designation of area; boundaries; publication in Federal Register
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) publish notice of the designation in the Federal Register, together with a map showing the boundaries of the recreation area.
(
Section Referred to in Other Sections
This section is referred to in
§460r–2. Acquisition of lands
(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.
(
§460r–3. Outdoor recreation facilities development
(a) Accelerated program
After the Secretary acquires an acreage within the area designated pursuant to
(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.
(
§460r–4. Administration, protection, and development of area
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.
(
§460r–5. Hunting and fishing
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.
(
SUBCHAPTER LXXVII—PICTURED ROCKS NATIONAL LAKESHORE
§460s. Establishment
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.
(
§460s–1. Description of area
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.
(
Section Referred to in Other Sections
This section is referred to in
§460s–2. Establishment; notice in Federal Register
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.
(
§460s–3. Pictured Rocks National Lakeshore Advisory Commission
(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.
(
§460s–4. Hunting and fishing
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.
(
§460s–5. Administration, protection, and development
(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
(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
(
§460s–6. Taxing power
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
(
§460s–7. Acquisition of property
(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
(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
(
§460s–8. Inland buffer zone
(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.
(
Section Referred to in Other Sections
This section is referred to in
§460s–9. Property subject to condemnation
(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.
(
Section Referred to in Other Sections
This section is referred to in
§460s–10. Acquisition of property
(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.
(
Section Referred to in Other Sections
This section is referred to in
§460s–11. Zoning bylaws; assistance and consultation with township or county officers or employees; technical aid payments
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.
(
§460s–12 . Certificate of prohibition of authority for acquisition by condemnation
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.
(
§460s–13 . Authorization of appropriations
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.
(
SUBCHAPTER LXXVIII—BIGHORN CANYON NATIONAL RECREATION AREA
§460t . Establishment
(a) In general; description of area
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
(
§460t–1 . Acquisition of land
(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.
(
Section Referred to in Other Sections
This section is referred to in
§460t–2 . Administration
(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.
(
§460t–3 . Hunting and fishing
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.
(
References in Text
Section 2(d) of the Act of July 15, 1958,
§460t–4 . Authorization of appropriations
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.
(
Amendments
1972—
SUBCHAPTER LXXIX—INDIANA DUNES NATIONAL LAKESHORE
§460u . Establishment; description of area
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 1992, and numbered 626–80,039–C, 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.
(
Amendments
1992—
1986—
1980—
1976—
Short Title of 1992 Amendment
Section 1 of
Effective Date of Authorizations of Appropriations; Authority To Contract, Incur Obligations, and Make Payments
Section 2 of
Section Referred to in Other Sections
This section is referred to in
§460u–1 . Acquisition of property
(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
(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
(
Amendments
1980—Subsec. (a).
Subsec. (b).
Acquisition of Lands by Exchange
"(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 (
"(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."
§460u–2 . Direction for establishment; publication in Federal Register; continuing acquisition of lands
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
(
Amendments
1976—
§460u–3 . "Improved property" and "appropriate map" defined; terms and conditions for rights of use and occupancy
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.
Construction | |
Property within boundaries of map | began before |
Dated October 1992, No. 626–80,039–C | October 1, 1991 |
Dated October 1986, No. 626–80,033–B | February 1, 1986 |
Dated December 1980, No. 626–91014 | January 1, 1981 |
Dated September 1976, No. 626–91007 | February 1, 1973 |
Dated September 1966, No. LNPNE–1008–ID | January 4, 1965 |
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.
(
Amendments
1992—
"Property Within Boundaries of Map | Construction Began Before |
---|---|
Dated October 1986, #626–80,033–B | February 1, 1986 |
Dated December 1980, #626–91014 | January 1, 1981 |
Dated September 1976, #626–91007 | February 1, 1973 |
Dated September 1966, #LNPNE–1008–ID | January 4, 1965". |
1986—
1980—
1976—
Section Referred to in Other Sections
This section is referred to in
§460u–4 . Repealed. Pub. L. 94–549, §1(9), Oct. 18, 1976, 90 Stat. 2533
Section,
§460u–5 . Owner's retention of right of use and occupancy for residential purposes
(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
(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.
(3)(A) In the case of improved property included within the boundaries of the lakeshore after October 1, 1991, that was not included within such boundaries on or before that date, an individual who is an owner of record of such property as of that date may retain a right of use and occupancy of such improved property for noncommercial residential purposes for a term ending at either of the following:
(i) A fixed term not to extend beyond October 1, 2020, or such lesser fixed term as the owner may elect at the time of acquisition.
(ii) A term ending at the death of the owner or the owner's spouse, whichever occurs later. The owner or owners shall elect the term to be reserved.
(B) Subparagraph (A) shall apply only to improved property owned by an individual who—
(i) was an owner of record of the property as of October 1, 1991;
(ii) had attained the age of majority as of that date; and
(iii) made a bona fide written offer not later than October 1, 1997, to sell the property 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
(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.
(
References in Text
The effective date of this sentence, referred to in subsec. (b), probably refers to the date of enactment of
Prior Provisions
A prior section 5 of
Amendments
1992—Subsec. (a)(1).
Subsec. (a)(3).
1986—Subsec. (a).
1980—Subsec. (a).
Subsec. (c).
1976—Subsec. (a).
Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
§460u–6 . Administration
(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.
(
Prior Provisions
A prior section 6 of
Section Referred to in Other Sections
This section is referred to in
§460u–7 . Indiana Dunes National Lakeshore Advisory Commission
(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.
(
References in Text
Prior Provisions
A prior section 7 of
Amendments
1980—Subsec. (a).
Subsec. (b).
1976—Subsec. (b).
Subsec. (f).
1 See References in Text note below.
§460u–8 . State jurisdiction
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.
(
Prior Provisions
A prior section 8 of
Section Referred to in Other Sections
This section is referred to in
§460u–9 . Authorization of appropriations; general management plan; submittal to Congressional committees; feasibility study
The Secretary may expend such sums as may be necessary from the Land and Water Conservation Fund for acquisition of lands and interests in lands, and not to exceed $27,500,000 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
(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.
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.
(
Codification
Amendment by section 101(16) of
Prior Provisions
A prior section 9 of
Amendments
1992—
1986—
1980—
1978—
1976—
1974—
Change of Name
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 No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460u–10 . Rights-of-way and easements; existing property rights of Northern Indiana Public Service Company
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.
(
Prior Provisions
A prior section 10 of
Amendments
1986—
§460u–11 . Legal cooling, process, or surface drainage into Little Calumet River; Federal, State or local air and water pollution standards not affected
(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.
(
§460u–12 . Repealed. Pub. L. 102–430, §3(b), Oct. 23, 1992, 106 Stat. 2208
Section,
§460u–13 . Acquisition of area I–C; owner consent required
(a) The Secretary may acquire that portion of area I–C which is shaded on the map referred to in
(b) The Secretary may acquire that portion of area IV–B in private ownership on the map referred to in
(
Amendments
1986—
§460u–14 . Plan, lands acquired, land acquisition program; submittal to Congressional committees
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.
(
Change of Name
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 No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460u–15 . Rights-of-way; public access to Little Calumet River
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.
(
Amendments
1986—
§460u–16 . Road construction cooperative agreements with landowners north of Little Calumet River; prevention of soil erosion; minimization of aural and visual impact
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
(
Amendments
1986—
§460u–17 . Lands within area I–E used for solid waste disposal
(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.
(
§460u–18 . Study of areas III–A, III–C, and II–A; report to Congressional committees
(a) 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.
(b)(1) The Secretary shall enter into a memorandum of agreement with the Northern Indiana Public Service Company (referred to as "NIPSCO") that shall provide for the following with respect to the area referred to as Unit II–A on the map described in
(A) NIPSCO shall provide the National Park Service with access for resource management and interpretation through the Greenbelt and across the dike for purposes of a public hiking trail.
(B) The National Park Service shall have rights of access for resource management and interpretation of the Greenbelt area.
(C) NIPSCO shall preserve the Greenbelt in its natural state. If NIPSCO utilizes the Greenbelt temporarily for a project involving pollution mitigation or construction on its adjacent facilities, it shall restore the project area to its natural state.
(D) If NIPSCO proposes a different use for the Greenbelt, NIPSCO shall notify the National Park Service, the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives and make no change in the use of the property until three years after the date notice is given.
(2) If a memorandum of agreement is entered into pursuant to paragraph (1), so long as the memorandum of agreement is in effect and is being performed, the Secretary may not acquire lands or interests in land in the Greenbelt belonging to NIPSCO.
(
Amendments
1992—
Change of Name
Committee on Interior and Insular Affairs of the Senate, referred to in subsec. (a), 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 No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460u–19 . Acquisition of land outside present boundaries; notice to Congressional committees; publication in Federal Register
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.
(
Change of Name
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 No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460u–20 . Paul H. Douglas Ecological and Recreational Unit and Center for Environmental Education
(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.
(
Section Referred to in Other Sections
This section is referred to in
§460u–21 . Public access study
(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
(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.
(
References in Text
The effective date of this provision, referred to in subsec. (g), probably means the date of enactment of
Codification
In subsec. (b), "
§460u–22. Consideration of property owner's hardship in property acquisition
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.
(
§460u–23. Acquisition of interest in area VII–A
(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
(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
(
§460u–24. Little Calumet River and Burns/Portage Waterway
(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
(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.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460u–25. Cooperative agreement with Gary, Indiana
In furtherance of the purposes of this subchapter, the Secretary may enter into a cooperative agreement with the city of Gary, Indiana, pursuant to which the Secretary may provide technical assistance in interpretation, planning, and resource management for programs and developments in the city of Gary's Marquette Park and Lake Street Beach.
(
§460u–26. Units VII–D and I–M
(a) Before acquiring lands or interests in lands in Unit VII–D (as designated on the map described in
(b) Before acquiring lands or interests in lands in Unit I–M (as designated on the map referred to in
(
SUBCHAPTER LXXX—FLAMING GORGE NATIONAL RECREATION AREA
§460v. Establishment
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.
(
Section Referred to in Other Sections
This section is referred to in
§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
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.
(
§460v–2. Boundaries; adjustments; publication in Federal Register
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 Referred to in Other Sections
This section is referred to in
§460v–3. Hunting, fishing, and trapping
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.
(
§460v–4. Lands withdrawn from location, entry, and patent under United States mining laws; removal of minerals; receipts, disposition
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
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.
(
References in Text
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
The Acquired Lands Mineral Leasing Act of August 7, 1947, referred to in text, is act Aug. 7, 1947, ch. 513,
1 So in original. Probably should be "February 25, 1920,".
§460v–5. Ashley National Forest; addition of lands of Flaming Gorge National Recreation Area
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
(
§460v–6. Addition of lands to Forest; administration of land for Colorado River storage project by Secretary of the Interior
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.
(
§460v–7. Availability of land and water conservation fund moneys
Funds hereafter appropriated and available for the acquisition of lands and waters and interests therein in the national forest system pursuant to
(
§460v–8. State and local jurisdiction
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.
(
SUBCHAPTER LXXXI—APOSTLE ISLANDS NATIONAL LAKESHORE
§460w. Establishment; boundaries
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.
(
Amendments
1986—
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be capitalized.
§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
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.
(
§460w–2. Acquisition of property; authority of Secretary; State and Federal lands
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.
(
Amendments
1986—
§460w–3. Retention rights of owners of improved property
(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 January 1, 1985 for those lands referred to in
(
Amendments
1986—Subsec. (c).
§460w–4. Hunting, fishing, and trapping
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.
(
§460w–5. Administration, protection, and development of lakeshore by Secretary
The lakeshore shall be administered, protected, and developed in accordance with the provisions of
(
§460w–6. Land and water use management plan; adoption, implementation, and revision of plan by Secretary; required provisions of plan
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.
(
§460w–7. Authorization of appropriations
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
(
Amendments
1986—
1974—
SUBCHAPTER LXXXII—SLEEPING BEAR DUNES NATIONAL LAKESHORE
§460x . Establishment
(a) 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.
(
§460x–1 . Description of area
(a) In general
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) Establishment; notice 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.
(
Section Referred to in Other Sections
This section is referred to in
§460x–2 . Designation of lakeshore areas
(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
(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
(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
(
§460x–3 . Sleeping Bear Dunes National Lakeshore Advisory Commission
(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
(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
(2) matters relating to the implementation of the General Management Plan provided for in
(
Amendments
1988—Subsec. (a).
Subsec. (e).
§460x–4 . Hunting and fishing; issuance of regulations
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.
(
§460x–5 . Administration, protection, and development
(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
(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
(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.
(
Section Referred to in Other Sections
This section is referred to in
§460x–6 . Taxing power
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
(
§460x–7 . Acquisition of property
(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 [
(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 proceedings 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 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.
(
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (a), is act June 30, 1949, ch. 288,
Section Referred to in Other Sections
This section is referred to in
§460x–8 . Zoning bylaws
(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
(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.
(
Section Referred to in Other Sections
This section is referred to in
§460x–9 . Right of retention of residential use in improved lands
(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
(2) an occupier of improved property described in
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
(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.
(
Amendments
1982—Subsec. (b).
Subsec. (c).
Subsec. (d).
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "may".
§460x–10 . Improved property
(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
(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
(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.
(
Amendments
1982—
Section Referred to in Other Sections
This section is referred to in
§460x–11. Scenic roads
(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
(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
(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 Natural Resources 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.
(
References in Text
Section 17 of this Act, referred to in subsec. (b), probably means proposed section 17 of
Amendments
1994—Subsec. (e)(4)(B).
1982—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§460x–12. Condemnation of commercial property
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.
(
Section Referred to in Other Sections
This section is referred to in
§460x–13. Certificate of Secretary to interested person indicating prohibition from acquiring particular property by condemnation; contents
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.
(
§460x–14. Authorization of appropriations; adjustments
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.
(
Amendments
1984—
1983—
1982—
1974—
Retroactive Statutory Ceilings
Section 7 of
§460x–15. Lakeshore wilderness report; administration
In accordance with
(
SUBCHAPTER LXXXIII—KING RANGE NATIONAL CONSERVATION AREA
§460y. Establishment; boundaries
The Secretary of the Interior (hereinafter referred to as the "Secretary") is hereby authorized and directed, after compliance with
(
Section Referred to in Other Sections
This section is referred to in
§460y–1. Management of lands
(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 dollar 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,1 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.
(
1 So in original. Probably should be "picnicking,".
§460y–2. Program of multiple usage and sustained yield of renewable natural resources; public and private assistance in preparation; provisions
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.
(
Section Referred to in Other Sections
This section is referred to in
§460y–3. Procedure for establishment
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 Referred to in Other Sections
This section is referred to in
§460y–4. Authority of Secretary
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
(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
(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.
(
Amendments
1978—Par. (3)(B).
Section Referred to in Other Sections
This section is referred to in
§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
(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.
(
References in Text
The United States mining laws, referred to in subsec. (a), are classified generally to Title 30, Mineral Lands and Mining.
Section Referred to in Other Sections
This section is referred to in
§460y–6. Administration of public lands within Area
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.
(
References in Text
Executive Order Numbered 6910, dated November 26, 1934, referred to in text, is not classified to the Code.
§460y–7. Withdrawal of certain public lands for classification; revocation of Executive Order Numbered 5237
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.
(
References in Text
Executive Order Numbered 5237, dated December 10, 1929, referred to in text, is not classified to the Code.
§460y–8. Survey and investigation area
(a) Description
The survey and investigation area referred to in
mount diablo meridian, california
Township 24 north, range 19 west, sections 4 and 5.
humboldt meridian, california
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
(
Amendments
1976—Subsec. (c).
Savings Provision
Amendment by
Section Referred to in Other Sections
This section is referred to in
§460y–9. Authorization of appropriations
(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 [
(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
such sums to remain available until expended.
(
References in Text
The Land and Water Conservation Fund Act of 1965, referred to in subsec. (b)(1), is
Amendments
1978—
SUBCHAPTER LXXXIV—OREGON DUNES NATIONAL RECREATION AREA
§460z. Establishment
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").
(
Section Referred to in Other Sections
This section is referred to in
§460z–1. Administration, protection, and development
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
(
§460z–2. Inland sector; establishment as buffer sector
The portion of the recreation area delineated as the "Inland Sector" on the map referenced in
(
Section Referred to in Other Sections
This section is referred to in
§460z–3. Boundary map; revision
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.
(
Siuslaw National Forest
The boundaries of the Siuslaw National Forest were extended by section 6 of
Section Referred to in Other Sections
This section is referred to in
§460z–4. Transfer of Federal property
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.
(
§460z–5. Land acquisition in inland sector
Within the inland sector established by
(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.
(
§460z–6. Land acquisition in recreation area; donation and exchange; railway right-of-way; retention rights of owners of improved property
(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.
(
§460z–7. Hunting, fishing, and trapping
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.
(
§460z–8. Mining restriction
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.
(
References in Text
The United States mining laws, referred to in text, are classified generally to Title 30, Mineral Lands and Mining.
§460z–9. Water utilization; transportation of wastes, easements
(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.
(
§460z–10. Advisory Council
(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.
(
Termination of Advisory Councils
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
§460z–11. Area review; report to the President; wilderness designation
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.
(
Codification
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".
§460z–12. Federal-State cooperation
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.
(
§460z–13. Authorization of appropriations
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.
(
Amendments
1976—
SUBCHAPTER LXXXV—SAWTOOTH NATIONAL RECREATION AREA
§460aa. Establishment
(a) In general
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) Boundaries; publication in Federal Register
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.
(
Section Referred to in Other Sections
This section is referred to in
§460aa–1. Administration
(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 [
(
References in Text
The Wilderness Act, referred to in subsec. (b), is
The effective date of the Wilderness Act, referred to in subsec. (b), means Sept. 3, 1964, the date of enactment of
The effective date of this subchapter, referred to in subsec. (b), means Aug. 22, 1972, the date of enactment of
§460aa–2. Acquisition of land
(a) Authority of Secretary; manner; limitation; "scenic easement" defined
Except as provided in
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
(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.
(
References in Text
The United States mining laws, referred to in subsec. (e), are classified generally to Title 30, Mineral Lands and Mining.
Section Referred to in Other Sections
This section is referred to in
§460aa–3. Private land, regulations
(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
(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
(
Codification
In subsec. (a), "subchapter II of
Section Referred to in Other Sections
This section is referred to in
§460aa–4. Administrative determination of suitability for designation as wilderness areas
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
(
§460aa–5. Cooperation with other agencies in development and operation of facilities and services; Stanley, restoration
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.
(
§460aa–6 . State civil and criminal jurisdiction
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.
(
§460aa–7 . Hunting and fishing regulations
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.
(
§460aa–8 . Federal-State water rights
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.
(
References in Text
Time of enactment of this subchapter, referred to in text, means Aug. 22, 1972, the date of enactment of
§460aa–9 . Mining restriction; Federal lands withdrawn from location, entry, and patent under United States mining laws
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.
(
References in Text
The mining laws of the United States, referred to in text, are classified generally to Title 30, Mineral Lands and Mining.
§460aa–10 . Land surface protection; regulations
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.
(
§460aa–11 . Patents; restriction on issuance
Patents shall not hereafter be issued for locations and claims heretofore made in the recreation area under the mining laws of the United States.
(
References in Text
The mining laws of the United States, referred to in text, are classified generally to Title 30, Mineral Lands and Mining.
§460aa–12 . Authorization of appropriations; availability of land and water conservation fund money
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.
(
Amendments
1978—
§460aa–13 . Area analysis for park or park administrative unit proposal
(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.
(
§460aa–14 . Separability
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.
(
SUBCHAPTER LXXXVI—GOLDEN GATE NATIONAL RECREATION AREA
§460bb . Establishment
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.
(
§460bb–1 . Composition and boundaries
(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. The recreation area shall also include those lands acquired pursuant to the Golden Gate National Recreation Area Addition Act of 1992.
(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 Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the 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.
(
References in Text
The Golden Gate National Recreational Area Addition Act of 1992, referred to in subsec. (a), is
Amendments
1994—Subsec. (b).
1992—Subsec. (a).
1980—Subsec. (a).
Subsec. (b).
1978—Subsec. (a).
1974—Subsec. (a).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Short Title of 1992 Amendment
Section 1 of
Phleger Estate Addition
Section 2(a) and (b)(2) of
Section Referred to in Other Sections
This section is referred to in
§460bb–2 . Acquisition policy
(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 [
(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
(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
(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
(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.
(
References in Text
The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (a), is act June 30, 1949, ch. 288,
Upon enactment, referred to in subsec. (d), probably means the date of enactment of this subchapter by
Codification
In subsec. (m), "
Amendments
1980—Subsec. (g).
Subsec. (h).
Subsec. (p).
1978—Subsec. (i).
Subsec. (j).
Subsec. (k).
Subsecs. (n), (o).
§460bb–3 . Administration
(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
(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.
(
Amendments
1988—Subsec. (f).
1986—Subsec. (e).
Subsec. (f).
1978—Subsecs. (e), (f).
Fees or Admission Charges; Moneys Collected Since November 10, 1983
Section 2(b) of
Section Referred to in Other Sections
This section is referred to in
§460bb–4 . Golden Gate National Recreation Area Advisory Commission
(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 thirty years after October 27, 1972.
(
Amendments
1992—Subsec. (g).
1980—Subsec. (b).
Subsec. (e).
Subsec. (g).
1978—Subsec. (b).
1 So in original. The period probably should be a colon.
§460bb–5 . Authorization of appropriations; limitation; adjustments
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.
(
Amendments
1980—
SUBCHAPTER LXXXVII—GATEWAY NATIONAL RECREATION AREA
§460cc. Establishment
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 Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the 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.
(
Amendments
1994—Subsec. (b).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
DeKorte State Park; Protection and Use of; Study for 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
Section Referred to in Other Sections
This section is referred to in
§460cc–1. Acquisition of property
(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
(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.
(
§460cc–2. Administration
(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
(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.
(
Amendments
1982—Subsec. (i).
1980—Subsec. (b).
§460cc–3. Gateway National Recreation Area Advisory Commission
(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.
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Amendments
1982—Subsec. (a).
1980—Subsec. (b).
§460cc–4. Authorization of appropriations; limitation; adjustments
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.
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SUBCHAPTER LXXXVIII—GLEN CANYON NATIONAL RECREATION AREA
§460dd. Establishment; boundaries; publication in Federal Register
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.
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§460dd–1. Acquisition of property
(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 (
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References in Text
Act of September 2, 1958 (
§460dd–2. Public lands
(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
(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 [
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References in Text
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,
The Acquired Lands Mineral Leasing Act of August 7, 1947, referred to in text, is act Aug. 7, 1947, ch. 513,
Section Referred to in Other Sections
This section is referred to in
§460dd–3. Administration, protection, and development; statutory authorities for conservation and management of natural resources; Glen Canyon Dam and Reservoir
The Secretary shall administer, protect, and develop the recreation area in accordance with the provisions of
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References in Text
Public Law 485, Eighty-fourth Congress, second session, referred to in text, is act Apr. 11, 1956, ch. 203,
Section Referred to in Other Sections
This section is referred to in
§460dd–4. Hunting and fishing
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.
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§460dd–5. Mineral and grazing leases; Bureau of Land Management administration and policies
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
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§460dd–6. Easements and rights-of-way
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.
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§460dd–7. Proposed road study
(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.
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§460dd–8. Report to President
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 [
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References in Text
The Wilderness Act, referred to in text, is
§460dd–9. Authorization of appropriations; limitation
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.
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SUBCHAPTER LXXXIX—BIG SOUTH FORK NATIONAL RIVER AND RECREATION AREA
§460ee. Establishment
(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 (
(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
(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 (
(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)
(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 (
(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.
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References in Text
Section 218 of the Flood Control Act of 1968, referred to in subsec. (a), is section 218 of
The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (c)(1), is act June 30, 1949, ch. 288,
The Federal Power Act, referred to in subsec. (f), is act June 10, 1920, ch. 285,
Codification
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
Amendments
1990—Subsec. (b).
Subsec. (e)(2)(A).
Subsec. (e)(2)(D).
Subsec. (e)(8).
Subsec. (k).
1986—Subsec. (k).
1976—Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (e)(2)(A).
Subsec. (e)(2)(C).
Subsec. (k).
Transfer of Functions
"Federal Energy Regulatory Commission" substituted for "Federal Power Commission" in subsec. (f) pursuant to
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 (
SUBCHAPTER XC—CUYAHOGA VALLEY NATIONAL RECREATION AREA
§460ff. Establishment
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.
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§460ff–1. Acquisition of land
(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 Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, 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
(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 [
(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.
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References in Text
The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (d), is act June 30, 1949, ch. 288,
Amendments
1994—Subsec. (a).
1992—Subsec. (b).
1986—Subsec. (a).
Subsec. (b).
1979—Subsec. (a).
1978—Subsec. (a).
Subsec. (e).
1976—Subsec. (a).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460ff–2. Land acquisition plan
(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.
(
Change of Name
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 No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460ff–3. Administration
(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
(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.
(
Amendments
1986—Subsec. (c).
1978—Subsec. (f).
Appropriations for Roads
Section Referred to in Other Sections
This section is referred to in
§460ff–4. Cuyahoga Valley National Recreation Area Advisory Commission
(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.
(
Section Referred to in Other Sections
This section is referred to in
§460ff–5. Authorization of appropriations; master plan
(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
(
Amendments
1986—Subsec. (c).
1978—Subsec. (a).
Subsec. (b).
1976—Subsec. (a).
Change of Name
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 No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Expenditure of Funds To Commence October 1, 1977
Section 323(c) of
SUBCHAPTER XCI—HELLS CANYON NATIONAL RECREATION AREA
§460gg. Establishment
(a) In general
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
(
References in Text
Section 3 of this Act, referred to in subsec. (b), is section 3 of
Amendments
1978—Subsec. (b).
Separability
Section 17 of
Section Referred to in Other Sections
This section is referred to in
§460gg–1. Wilderness designation
(a) Map designation
The lands depicted as the "Hells Canyon Wilderness" on the map referred to in
(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 [
(
References in Text
This subchapter, referred to in subsec. (b), was in the original "this Act", which is
The Wilderness Act, referred to in subsec. (b), is
The effective date of the Wilderness Act, referred to in subsec. (b), means Sept. 3, 1964, the date of enactment of
The effective date of this subchapter, referred to in subsec. (b), means Dec. 31, 1975, the date of enactment of
Subsection 3(b) of this Act, referred to in subsec. (b), is subsec. 3(b) of
Section Referred to in Other Sections
This section is referred to in
§460gg–2. Federal power and water resources projects
(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 (
(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.
(
References in Text
The Federal Power Act, referred to in subsec. (a), is act June 10, 1920, ch. 285,
Transfer of Functions
"Federal Energy Regulatory Commission" substituted for "Federal Power Commission" in subsec. (a) pursuant to
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 (
§460gg–3. Present and future use of Snake River
(a) Waters upstream from boundaries of area
No provision of the Wild and Scenic Rivers Act [
(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 [
(
References in Text
The Wild and Scenic Rivers Act, referred to in text, is
§460gg–4. Administration, protection, and development
Except as otherwise provided in
(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.
(
References in Text
Section 3 of this Act, referred to in text, is section 3 of
§460gg–5. Management plan for recreation area
(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
(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.
(
Change of Name
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 No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§460gg–6. Acquisition of property
(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
(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.
(
References in Text
The United States mining laws, referred to in subsec. (g), are classified generally to Title 30, Mineral Lands and Mining.
Section Referred to in Other Sections
This section is referred to in
§460gg–7. Rules and regulations
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
(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.
(
Section Referred to in Other Sections
This section is referred to in
§460gg–8. Lands withdrawn from location, entry, and patent under United States mining laws
Notwithstanding the provisions of
(
References in Text
The mining laws of the United States, referred to in text, are classified generally to Title 30, Mineral Lands and Mining.
Section Referred to in Other Sections
This section is referred to in
§460gg–9. Hunting and fishing
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.
(
§460gg–10. Ranching, grazing, etc., as valid uses of area
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.
(
§460gg–11. Civil and criminal jurisdiction of Idaho and Oregon
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.
(
§460gg–12. Development and operation of facilities and services; cooperation with Federal, State, etc., agencies
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.
(
§460gg–13. Authorization of appropriations
(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.
(
References in Text
Section 5 of this Act, referred to in subsec. (c), is section 5 of
SUBCHAPTER XCII—CHICKASAW NATIONAL RECREATION AREA
§460hh. Establishment; boundaries; publication in Federal Register
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.
(
§460hh–1. Acquisition of property
(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 (
(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.
(
References in Text
The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (a), is act June 30, 1949, ch. 288,
§460hh–2. Establishment of hunting and fishing zones; exceptions; consultation with State agencies
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.
(
§460hh–3. Law governing; Arbuckle Dam and Reservoir
(a) Except as otherwise provided in this subchapter, the Secretary shall administer the recreation area in accordance with the provisions of
(b) Nothing contained in this subchapter shall affect or interfere with the authority of the Secretary by the Act of August 24, 1962 (
(
References in Text
Act of August 24, 1962, referred to in subsec. (b), is
§460hh–4. Platt National Park designation repealed; incorporation of areas into Chickasaw National Recreation Area
The Act of June 29, 1906 (
(
References in Text
Act of June 29, 1906, referred to in text, is act June 29, 1906, No. 42,
§460hh–5. Concurrent legislative jurisdiction with State of Oklahoma; requisites; notice in Federal Register
Notwithstanding the provisions of
(
§460hh–6. Authorization of appropriations
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.
(
SUBCHAPTER XCIII—CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA
§460ii. Establishment; boundaries; publication in Federal Register
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 Natural Resources 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.
(
Amendments
1994—
1984—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Compliance With Congressional Budget Act
Section 2 of
Section Referred to in Other Sections
This section is referred to in
§460ii–1. Acquisition of property
(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 (
(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
(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
(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
(
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (b), is act June 30, 1949, ch. 288,
Amendments
1984—Subsec. (f).
Section Referred to in Other Sections
This section is referred to in
§460ii–2. Administration, protection, and development
(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
(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
(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.
(
§460ii–3. Federal supervision of water resources projects
(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 (
(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 Natural Resources 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
(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
(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
(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.
(
References in Text
The Federal Power Act (
Amendments
1994—Subsec. (b).
1984—Subsec. (d).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460ii–4. Funding and reporting requirements
(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 (
(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
(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
(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
(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 [
(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 [
(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 [
(
References in Text
The Land and Water Conservation Fund Act (
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
The Clean Air Act, referred to in subsec. (d)(6), is act July 14, 1955, ch. 360,
Amendments
1984—Subsec. (a).
Subsec. (c).
Subsec. (d).
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460ii–5. Chattahoochee River National Recreation Area Advisory Commission
(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
(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
(e) Termination
The Advisory Commission shall terminate on the date ten years after October 30, 1984.
(
SUBCHAPTER XCIV—ARAPAHO NATIONAL RECREATION AREA
Subchapter Referred to in Other Sections
This subchapter is referred to in
§460jj. Establishment
(a) In general
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.
(
Short Title
Section 1 of
Legislative Findings; Purposes
Section 2 of
"(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."
Section Referred to in Other Sections
This section is referred to in
§460jj–1. Land acquisition
(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
(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.
(
References in Text
This subchapter, referred to in subsecs. (a) and (e), was in the original "this Act", meaning
Section Referred to in Other Sections
This section is referred to in
§460jj–2. Hunting and fishing
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.
(
Section Referred to in Other Sections
This section is referred to in
§460jj–3. Permits for facilities and services
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.
(
Section Referred to in Other Sections
This section is referred to in
§460jj–4. Application of State water laws
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.
(
Section Referred to in Other Sections
This section is referred to in
§460jj–5. Filing of maps
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.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§460jj–6. State civil and criminal jurisdiction
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.
(
Section Referred to in Other Sections
This section is referred to in
§460jj–7. Authorization of appropriations
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.
(
References in Text
Sections 1 through 10 of this Act, referred to in text, means sections 1 through 10 of
The Land and Water Conservation Fund, referred to in text, was established by
SUBCHAPTER XCV—SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA
§460kk. Establishment
(a) 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 Natural Resources 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
(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
(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.
(
References in Text
This Act, referred to in subsecs. (i) and (q)(4), means
Amendments
1994—Subsec. (c)(1).
1984—Subsec. (c)(2).
1980—Subsec. (q)(2)(E).
1979—Subsec. (f)(1).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
2 So in original. Probably should be followed by a comma.
SUBCHAPTER XCVI—RATTLESNAKE NATIONAL RECREATION AREA
§460ll. Findings and declaration of policy
(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 (
(
References in Text
The Wilderness Act (
The National Forest Management Act of 1976 (
Short Title
Section 1 of
§460ll–1. Rattlesnake Wilderness
(a) Designation of area
In furtherance of the purposes of the Wilderness Act (
(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 [
(
References in Text
The Wilderness Act, referred to in text, is
The effective date of the Wilderness Act, referred to in subsec. (b), means Sept. 3, 1964, the date of enactment of
The effective date of this subchapter, referred to in subsec. (b), means Oct. 19, 1980, the date of enactment of
Section Referred to in Other Sections
This section is referred to in
§460ll–2. Rattlesnake National Recreation Area
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.
(
Section Referred to in Other Sections
This section is referred to in
§460ll–3. Land acquisition and exchange
(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
(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 (
(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 [
(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.
(
References in Text
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),
The Mineral Lands Leasing Act of 1920, as amended, referred to in subsec. (b)(3), (5), is act Feb. 25, 1920, ch. 85,
Codification
In subsec. (b)(3), "October 31, 1983" substituted for "the date of enactment of this Act", meaning the date of enactment of
Amendments
1983—Subsec. (b)(3).
Subsec. (e).
§460ll–4. Filing of maps and descriptions
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.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460ll–5. Authorization of appropriations
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.
(
[SUBCHAPTER XCVII—RESERVED]
SUBCHAPTER XCVIII—STEESE NATIONAL CONSERVATION AREA AND WHITE MOUNTAINS NATIONAL RECREATION AREA
§460mm. Establishment of conservation area
(a) In general
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.
(
Section Referred to in Other Sections
This section is referred to in
§460mm–1. Administration of conservation area
(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
(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 [
(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.
(
References in Text
The Federal Land Policy and Management Act of 1976, referred to in subsec. (a), is
The Mineral Leasing Act of 1920, as amended, and supplemented, referred to in subsec. (b), is act Feb. 25, 1920, ch. 85,
The Materials Act of 1947, as amended, referred to in subsec. (b), is act July 31, 1947, ch. 406,
Section Referred to in Other Sections
This section is referred to in
§460mm–2. Establishment of recreation area
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
(
References in Text
This Act, referred to in text, is
The Federal Land Policy and Management Act of 1976, referred to in text, is
Section Referred to in Other Sections
This section is referred to in
§460mm–3. Rights of holders of unperfected mining claims
(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
(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
(
References in Text
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
§460mm–4. Administration of recreation area
(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
(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.
(
References in Text
This Act, referred to in subsec. (a), is
The Alaska Statehood Act, referred to in subsec. (b), is
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
Codification
Section was not enacted as part of title IV of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER XCIX—WHITE ROCKS NATIONAL RECREATION AREA
§460nn. Findings and purpose
(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.
(
References in Text
This Act, referred to in subsec. (a)(3), (4), is
Section Referred to in Other Sections
This section is referred to in
§460nn–1. Establishment
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.
(
§460nn–2. Map and description
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.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460nn–3. Administration
(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
(
References in Text
Mineral leasing laws, referred to in subsec. (b), have been defined in
Geothermal leasing laws, referred to in subsec. (b), are classified principally to
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
SUBCHAPTER C—OREGON CASCADES RECREATION AREA
§460oo. Establishment
(a) In general
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 [
(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 [
(
References in Text
This subchapter, referred to in subsec. (a), was in the original "the Act", meaning
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
Geothermal leasing laws, referred to in subsec. (d)(2), are classified principally to
The Wilderness Act and
The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (g), is
Map of Recreation Area
Section 5(a) of
SUBCHAPTER CI—MOUNT BAKER RECREATION AREA
§460pp. Establishment
(a) In general
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.
(
References in Text
This subchapter, referred to in subsec. (c), was in the original "this Act", meaning
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
SUBCHAPTER CII—ALLEGHENY NATIONAL RECREATION AREA
§460qq. Establishment
(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 [
(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.
(
References in Text
This subchapter, referred to in subsecs. (a) and (f), was in the original "this Act", meaning
The National Forest Management Act of 1976, referred to in subsec. (d), is
The National Environmental Policy Act of 1969, referred to in subsec. (d), is
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
Geothermal leasing laws, referred to in subsec. (f), are classified principally to
Findings and Purpose; Map and Description
For Congressional findings, statement of purpose, and requirements for filing of maps and legal descriptions under
SUBCHAPTER CIII—PINE RIDGE NATIONAL RECREATION AREA
§460rr. Establishment
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.
(
§460rr–1. Map and description
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.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460rr–2. Administration
(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.
(
References in Text
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
Geothermal leasing laws, referred to in subsec. (d), are classified principally to
This subchapter, referred to in subsec. (e), was in the original "this Act", meaning
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
1 So in original. Probably should be subsection "(f)".
SUBCHAPTER CIV—KLAMATH RIVER CONSERVATION AREA
§460ss. Findings
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
(
Short Title
Section 8 of
Section Referred to in Other Sections
This section is referred to in
1 So in original. The semicolon probably should be a period.
§460ss–1. Establishment
(a) In general
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
(2) Program activities
In carrying out the objectives of the program, the Secretary, in cooperation with the task force established under
(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.
(
Section Referred to in Other Sections
This section is referred to in
§460ss–2. Klamath Fishery Management Council
(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 1 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
(2) Limitation on spending authority
No money authorized to be appropriated under
(
Amendments
1988—Subsec. (g)(1).
Subsec. (i).
Subsec. (j)(1).
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "knowledgeable".
§460ss–3. Klamath River Basin Fisheries Task Force
(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
(2) Limitation on spending authority
No money authorized to be appropriated under
(j) Membership increase upon program expansion
At such time as the program is expanded to include portions of the Klamath River upstream from the Iron Gate dam, membership on the Task Force shall be increased to include the following—
(1) One individual who shall be appointed by the Commissioners of Klamath County, Oregon.
(2) A representative of the Klamath Tribe, who shall be appointed by the governing body of the Tribe.
(
Amendments
1992—Subsec. (j).
1988—Subsec. (c).
Subsec. (c)(11), (12).
Subsec. (f)(1).
Subsec. (h).
Subsec. (i).
Special Rule
Section 12(b) of
Section Referred to in Other Sections
This section is referred to in
1 So in original. The comma probably should be a period.
2 So in original. Probably should be followed by a period.
§460ss–4. Enforcement
(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.
(
1 So in original. No subsec. (b) has been enacted.
2 So in original. Probably should be "of the".
§460ss–5. Appropriations
(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
(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.
(
Amendments
1988—Subsec. (a).
Subsec. (b)(3).
Section Referred to in Other Sections
This section is referred to in
§460ss–6. Definitions
As used in this subchapter—
(1) The term "program" means the Klamath River Basin Conservation Area Restoration Program established under
(2) The term "Secretary" means the Secretary of the Interior.
(
SUBCHAPTER CV—CROSS FLORIDA NATIONAL CONSERVATION AREA
§460tt. Cross Florida Barge Canal
(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 (
(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) Contract for continued O&M
(1) In general
During the period beginning on November 28, 1992, and ending on September 30, 1993, the Secretary is authorized and directed to offer to enter into a contract with the St. Johns River Water Management District and the Southwest Florida Water Management District of the State of Florida for the continued operation and maintenance by the Secretary of the portions of the project described in subsection (d) of this section. The maintenance shall be performed at a level of service that is necessary to ensure safe operating conditions and to prevent deterioration of the structures. No major rehabilitations or renovations shall be performed by the Secretary in such portions of the project during such period.
(2) Funding
Funding for the continued operation and maintenance of the barge canal project by the Secretary under this subsection shall not exceed $300,000. The State of Florida shall pay a non-Federal share of $600,000 to fund the continued maintenance of the portions of the project described in subsection (d) of this section in accordance with paragraph (1).
(g) 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.
(
References in Text
Act of July 23, 1942, referred to in subsec. (a), is act July 23, 1942, ch. 520,
Amendments
1992—Subsecs. (f), (g).
1990—
SUBCHAPTER CVI—EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part A—El Malpais National Monument
Part Referred to in Other Sections
This part is referred to in
§460uu . Establishment; description of area
(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.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§460uu–1 . Transfer of administrative control of lands and waters
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.
(
§460uu–2 . Management
The Secretary, acting through the Director of the National Park Service, shall manage the monument in accordance with the provisions of this subchapter,
(
§460uu–3 . Grazing permits
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.
(
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "section".
Part B—Masau Trail
§460uu–11 . Designation
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").
(
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "roads,".
§460uu–12 . Areas included
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
(
Amendments
1990—
1988—
§460uu–13 . Information and interpretation
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.
(
§460uu–14 . Markers
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.
(
Part C—El Malpais National Conservation Area
§460uu–21 . Establishment; description of area
(a) In order to protect for the benefit and enjoyment of future generations that area in western New Mexico containing the La Ventana Natural Arch and the other unique and nationally important geological, archeological, ecological, cultural, scenic, scientific, and wilderness resources of the public lands surrounding the Grants Lava Flows, there is hereby established the El Malpais National Conservation Area (hereinafter referred to as the "conservation area"). The conservation area shall consist of approximately 262,690 acres of federally owned land as generally depicted on a 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 inspection in the offices of the Director of the Bureau of Land Management of the Department of the Interior.
(b) As soon as practicable after December 31, 1987, the Secretary shall file a legal description of the conservation area designated under this section with 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. 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. The legal description shall be on file and available for public inspection in the offices of the Director of the Bureau of Land Management, Department of the Interior.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§460uu–22 . Management
(a) Provisions applicable
The Secretary, acting through the Director of the Bureau of Land Management, shall manage the conservation area to protect the resources specified in
(b) Hunting and trapping
The Secretary shall permit hunting and trapping within the conservation area in accordance with applicable laws and regulations of the United States and the State of New Mexico; except that the Secretary, after consultation with the New Mexico Department of Game and Fish, may issue regulations designating zones where and establishing periods when no hunting or trapping shall be permitted for reasons of public safety, administration, or public use and enjoyment.
(c) Prohibition of collection of green or dead wood for commercial purposes
Collection of green or dead wood for sale or other commercial purposes shall not be permitted in the conservation area.
(d) Grazing
Except as otherwise provided in
(
References in Text
The Federal Land Policy and Management Act of 1976, referred to in subsec. (a), probably means the Federal Land Policy and Management Act of 1976,
Part D—Wilderness
§460uu–31 . Designation; description of area
(a) In furtherance of the purposes of the Wilderness Act (
(b) As soon as practicable after December 31, 1987, the Secretary shall file a legal description of each wilderness area designated by this subchapter 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. The legal description shall be on file and available for public inspection in the offices of the Director of the Bureau of Land Management, Department of the Interior.
(
References in Text
The Wilderness Act, referred to in subsec. (a), is
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460uu–32 . Management; provisions applicable
(a) Subject to valid existing rights, each wilderness area designated under this subchapter shall be administered by the Secretary, through the Director of the Bureau of Land Management, in accordance with the provisions of the Wilderness Act [
(b) Within the wilderness areas designated by this subchapter, the grazing of livestock, where established prior to December 31, 1987, shall be permitted to continue subject to such reasonable regulations, policies, and practices as the Secretary deems necessary, as long as such regulations, policies, and practices fully conform with and implement the intent of Congress regarding grazing in such areas as such intent is expressed in the Wilderness Act [
(
References in Text
The Wilderness Act, referred to in text, is
The effective date of the Wilderness Act, referred to in subsec. (a), means Sept. 3, 1964, the date of enactment of
Section Referred to in Other Sections
This section is referred to in
Part E—General Provisions
§460uu–41 . Management plans
(a) Development and transmittal to Congress; contents
Within three full fiscal years following the fiscal year of enactment of this subchapter, 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, separate general management plans for the monument and the conservation area which shall describe the appropriate uses and development of the monument and the conservation area consistent with the purposes of this subchapter. The plans shall include but not be limited to each of the following:
(1) implementation plans for a continuing program of interpretation and public education about the resources and values of the monument and the conservation area;
(2) proposals for public facilities to be developed for the conservation area or the monument, including a visitors center in the vicinity of Bandera Crater and a multiagency orientation center, to be located in or near Grants, New Mexico, and adjacent to Interstate 40, to accommodate visitors to western New Mexico;
(3) natural and cultural resources management plans for the monument and the conservation area, with a 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 [
(4) wildlife resources management plans for the monument and the conservation area prepared in close consultation with appropriate departments of the State of New Mexico and using previous studies of the area.
(b) Review and recommendation of suitability or nonsuitability of specific lands
(1) The general management plan for the conservation area shall review and recommend the suitability or nonsuitability for preservation as wilderness of those lands comprising approximately 17,468 acres, identified as "Wilderness Study Area" (hereafter in this part referred to as the "WSA") on the map referenced in
(2) Pending submission of a recommendation and until otherwise directed by an Act of Congress, the Secretary, acting through the Director of the Bureau of Land Management, shall manage the lands within the WSA so as to maintain their potential for inclusion within the National Wilderness Preservation System.
(c) Review and recommendation of suitability or nonsuitability of roadless lands
(1) The general management plan for the monument shall review and recommend the suitability or nonsuitability for preservation as wilderness of all roadless lands within the boundaries of the monument as established by this subchapter except those lands within the areas identified as "potential development areas" on the map referenced in
(2) Pending the submission of a recommendation and until otherwise directed by Act of Congress, the Secretary, through the Director of the National Park Service, shall manage all roadless lands within the boundaries of the monument so as to maintain their potential for inclusion in the National Wilderness Preservation System, except those lands within the areas identified as "potential development areas" on the map referenced in
(
References in Text
The fiscal year of enactment of this subchapter, referred to in subsec. (a), is the fiscal year of the enactment of
The Archaeological Resources Protection Act of 1979, referred to in subsec. (a)(3), is
The National Historic Preservation Act, referred to in subsec. (a)(3), is
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§460uu–42 . Acquisition of lands and interests
Within the monument and the conservation area, the Secretary is authorized to acquire lands and interests in lands by donation, purchase with donated or appropriated funds, exchange, or transfer from any other Federal agency, except that such lands or interests therein owned by the State of New Mexico or a political subdivision thereof may be acquired only by exchange. It is the sense of Congress that the Secretary is to complete the acquisition of non-Federal subsurface interests underlying the monument and the conservation area no later than three full fiscal years after the fiscal year of enactment of this subchapter.
(
References in Text
The fiscal year of enactment of this subchapter, referred to in text, is the fiscal year of the enactment of
§460uu–43 . State exchanges of lands and interests
(a) Upon the request of the State of New Mexico (hereinafter referred to as the "State") and pursuant to the provisions of this section, the Secretary shall exchange public lands or interests in lands elsewhere in the State of New Mexico, of approximately equal value and selected by the State, acting through its Commissioner of Public Lands, for any lands or interests therein owned by the State (hereinafter referred to as "State lands") located within the boundaries of the monument or the conservation area which the State wishes to exchange with the United States.
(b) Within six months after December 31, 1987, the Secretary shall notify the New Mexico Commissioner of Public Lands what State lands are within the monument or the conservation area. The notice shall contain a listing of all public lands or interest therein within the boundaries of the State of New Mexico which have not been withdrawn from entry and which the Secretary, pursuant to the provisions of
(
§460uu–44 . Mineral exchanges
(a) Authorization; matters considered
The Secretary is authorized and directed to exchange the Federal mineral interests in the lands described in subsection (b) of this section for the private mineral interests in the lands described in subsection (c) of this section, if—
(1) the owner of such private mineral interests has made available to the Secretary all information requested by the Secretary as to the respective values of the private and Federal mineral interests to be exchanged; and
(2) on the basis of information obtained pursuant to paragraph (1) and any other information available, the Secretary has determined that the mineral interests to be exchanged are of approximately equal value; and
(3) the Secretary has determined—
(A) that except insofar as otherwise provided in this section, the exchange is not inconsistent with the Federal Land Policy and Management Act of 1976 [
(B) that the exchange is in the public interest.
(b) Location of Federal mineral interests
The Federal mineral interests to be exchanged under this section underlie the lands, comprising approximately 15,008 acres, depicted as "Proposed for transfer to Santa Fe Pacific" on the map referenced in subsection (d) of this section.
(c) Location of private mineral interests
The private mineral interests to be exchanged pursuant to this section underlie the lands, comprising approximately 15,141 acres, depicted as "Proposed for transfer to U.S." on the map referenced in subsection (d) of this section.
(d) Identification of mineral interests; legal description
(1) The mineral interests identified in this section underlie those lands depicted as "Proposed for transfer to Santa Fe Pacific" and as "Proposed for transfer to U.S." on a map entitled "El Malpais Leg. Boundary, HR3684/S56", revised 5–8–87.
(2) As soon as practicable after December 31, 1987, the Secretary shall file a legal description of the mineral interest areas designated under this section with 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. 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. The legal description shall be on file and available for public inspection in the offices of the Director of the Bureau of Land Management, Department of the Interior.
(e) Time of completion of exchanges
It is the sense of the Congress that all exchanges pursuant to this section shall be completed no later than three years after December 31, 1987.
(
References in Text
The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(3)(A), is
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460uu–45 . Acoma Pueblo exchanges
(a) Lands to be exchanged
(1) Upon the request of the Pueblo of Acoma, the Secretary shall acquire by exchange any lands held in trust for the Pueblo of Acoma (hereinafter referred to as "trust lands") located within the boundary of the conservation area which the Pueblo wishes to exchange pursuant to this section. Such trust lands shall be exchanged either for—
(A) lands described in subsection (c) of this section (with respect to trust lands west of New Mexico Highway 117); or
(B) public lands of approximately equal value located outside the monument and outside the conservation area but within the boundaries of the State of New Mexico which are selected by the Pueblo of Acoma, so long as such exchange is consistent with applicable law and Bureau of Land Management resource management plans developed pursuant to the Federal Land Policy and Management Act of 1976 [
(2) All lands selected by and transferred to the Pueblo of Acoma at its request pursuant to this section shall thereafter be held in trust by the Secretary for the Pueblo of Acoma in the same manner as the lands for which they were exchanged.
(3) Any lands west of New Mexico Highway 117 which are acquired by the Secretary pursuant to this section shall be incorporated into the monument and managed accordingly, and
(b) Public lands available for exchange
For purposes of acquiring lands pursuant to subsection (a) of this section, the Secretary, consistent with applicable law and Bureau of Land Management resource management plans described in subsection (a) of this section, shall make public lands within the boundaries of the State of New Mexico available for exchange. Nothing in this subchapter shall be construed as authorizing or requiring revocation of any existing withdrawal or classification of public land except in a manner consistent with applicable law.
(c) Public lands available for transfer; management of lands not exchanged or transferred
(1) The Secretary shall make the lands within the areas identified as "Acoma Potential Exchange Areas" on the map referenced in
(2) Upon a request of the Pueblo of Acoma submitted to the Secretary no later than one year after December 31, 1987, lands within the areas described in paragraph (1) shall be transferred to the Pueblo of Acoma in exchange for trust lands of approximately equal value within that portion of the conservation area west of New Mexico Highway 117. The Secretary may require exchanges of land under this subsection to be on the basis of compact and contiguous parcels.
(3) Any lands within the areas described in paragraph (1) not proposed for exchange by a request submitted to the Secretary by the Pueblo of Acoma within the period specified in paragraph (2), and any lands in such areas not ultimately transferred pursuant to this subsection, shall be incorporated within the conservation area and managed accordingly. In addition, any lands in that portion of the areas described in paragraph (1) lying in section 1, township 7N, range 9W, New Mexico Principal Meridian, not transferred to the Pueblo of Acoma pursuant to this subsection shall be added to and incorporated within the Cebolla Wilderness and managed accordingly.
(
References in Text
The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(1)(B), is
Section Referred to in Other Sections
This section is referred to in
§460uu–46 . Exchanges and acquisitions generally; withdrawal
(a) Exchanges on basis of equal value; cash equalization; exceptions
All exchanges pursuant to this subchapter shall be made in a manner consistent with applicable provisions of law, including this subchapter, and unless otherwise specified in this subchapter shall be on the basis of equal value; either party to an 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 value.
(b) "Public lands" defined
For purposes of this subchapter, the term "public lands" shall have the same meaning as such term has when used in the Federal Land Policy and Management Act of 1976 [
(c) Incorporation and management of after-acquired lands
Except as otherwise provided in
(d) Prohibition on transfer of lands out of Federal ownership; withdrawal of lands from all forms of entry
(1) Except as otherwise provided in this subchapter, no federally-owned lands located within the boundaries of the monument or the conservation area shall be transferred out of Federal ownership, or be placed in trust for any Indian tribe or group, by exchange or otherwise.
(2) Except as otherwise provided in this subchapter, and subject to valid existing rights, all Federal lands within the monument and the conservation area and all lands and interests therein which are acquired on and after December 31, 1987, by the United States are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws and from location, entry and patent under the mining laws, and from operation of the mineral leasing and geothermal leasing laws and all amendments thereto.
(e) Discrepancies in citation of acreage; maps as controlling
The acreages cited in this subchapter are approximate, and in the event of discrepancies between cited acreages and the lands depicted on referenced maps, the maps shall control.
(f) Acceptance of lands proposed for donation
The Secretary is authorized to accept any lands contiguous to the boundaries of the Pecos National Monument (as such boundaries were established on December 31, 1987) which may be proposed for donation to the United States. If acceptance of such lands proposed for donation would be in furtherance of the purposes for which the Pecos National Monument was established, the Secretary shall accept such lands, and upon such acceptance such lands shall be incorporated into such monument and managed accordingly.
(g) Redesignation and revision of boundaries of Capulin Mountain National Monument
(1) Capulin Mountain National Monument is hereby redesignated as Capulin Volcano National Monument.
(2) Any reference in any record, map, or other document of the United States of America to Capulin Mountain National Monument shall hereafter be deemed to be a reference to Capulin Volcano National Monument.
(3) Section 1 of the Act of September 5, 1962 (
(4) Jurisdiction over federally-owned lands within the revised boundaries of the monument is hereby transferred to the National Park Service, without monetary consideration, for administration as part of the monument.
(
References in Text
The Federal Land Policy and Management Act of 1976, referred to in subsec. (b), is
The public land laws, referred to in subsec. (d)(2), are classified generally to Title 43.
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
Geothermal leasing laws, referred to in subsec. (d)(2), are classified principally to
Section 1 of the Act of September 5, 1962, referred to in subsec. (g)(3), is section 1 of
§460uu–47. Access
(a) Nonexclusive access by Indians for cultural and religious purposes
In recognition of the past use of portions of the monument and the conservation area by Indian people for traditional cultural and religious purposes, the Secretary shall assure nonexclusive access to the monument and the conservation area by Indian people for traditional cultural and religious purposes, including the harvesting of pine nuts. Such access shall be consistent with the purpose and intent of the American Indian Religious Freedom Act of August 11, 1978 (
(b) Recommendations from Indian leaders regarding access and protection of cultural and religious sites
In preparing the plans for the monument and the conservation area pursuant to
(1) assuring access pursuant to subsection (a) of this section;
(2) enhancing the privacy of traditional cultural and religious activities in the monument and the conservation area; and
(3) protecting traditional cultural and religious sites in the monument and the conservation area.
(c) Temporary closure to public of lands for protection of religious activities
In order to implement this section and in furtherance of the American Indian Religious Freedom Act [
(d) Advisory committee; membership
The Secretary is authorized to establish an advisory committee to advise the Secretary concerning the implementation of this section. Any such advisory committee shall include representatives of the Pueblo of Acoma, the Pueblo of Zuni, other appropriate Indian tribes and other persons or groups interested in the implementation of this section.
(
References in Text
The Wilderness Act, referred to in subsec. (a), is
Amendments
1994—Subsec. (c).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Termination of Advisory Committees
Advisory committees 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 committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
§460uu–48. Cooperative agreements with Federal, State and local public departments and agencies
In order to encourage unified and cost effective interpretation of prehistoric and historic civilizations in western New Mexico, the Secretary is authorized and encouraged to enter into cooperative agreements with other Federal, State and local public departments and agencies, Indian tribes, and nonprofit entities providing for the interpretation of prehistoric and historic civilizations in New Mexico and eastern Arizona. The Secretary may, pursuant to such agreements, cooperate in the development and operation of a multiagency orientation center and programs on lands and interests in lands inside and outside of the boundaries of the monument and the conservation area generally, with the concurrence of the owner or administrator thereof, and specifically in or near Grants, New Mexico, adjacent to Interstate 40 in accordance with the plan required pursuant to
(
§460uu–49. Water rights
(a) Reservation to United States of minimum amount of water required
Congress expressly reserves to the United States the minimum amount of water required to carry out the purposes for which the national monument, the conservation area, and the wilderness areas are designated under this subchapter. The priority date of such reserved rights shall be December 31, 1987.
(b) Effect on existing valid or vested water rights
Nothing in this section shall affect any existing valid or vested water right, or applications for water rights which are pending as of December 31, 1987, and which are subsequently granted: Provided, That nothing in this subsection shall be construed to require the National Park Service to allow the drilling of ground water wells within the boundaries of the national monument.
(c) Construction of section as precedent with regard to future designations
Nothing in this section shall be construed as establishing a precedent with regard to any future designations, nor shall it affect the interpretation of any other Act or any designation made pursuant thereto.
(
§460uu–50. Authorization of appropriations
There is authorized to be appropriated $16,500,000 for the purposes of this subchapter, of which $10,000,000 shall be available for land acquisition in the national monument; $1 million shall be available for development within the national monument; $4 million shall be available for land acquisition within the conservation area; $1 million shall be available for development within the conservation area; and $500,000 shall be available for planning and development of the Masau Trail.
(
SUBCHAPTER CVII—WINDING STAIR MOUNTAIN NATIONAL RECREATION AND WILDERNESS AREA
§460vv. Findings and purposes
(a) Findings
The Congress finds that—
(1) select areas of undeveloped National Forest System lands in the State of Oklahoma possess outstanding natural characteristics which give them high values as wilderness and will, if properly preserved, contribute as an enduring resource of wilderness for the benefit of the American people;
(2) the Department of Agriculture's second roadless area review and evaluation (RARE II) and other studies of National Forest System lands in the State of Oklahoma and the related congressional review of such lands have identified areas which, on the basis of their landform, ecosystem, associated wildlife, and location, will help to fulfill the National Forest System's share of a quality National Wilderness Preservation System;
(3) the Department of Agriculture's second roadless area review and evaluation, of National Forest System lands in the State of Oklahoma and the related congressional review of such lands have also identified areas which do not possess outstanding wilderness attributes or which possess outstanding energy, mineral, timber, grazing, dispersed recreation and other values, and which should not be designated as components of the National Wilderness Preservation System but should be available for nonwilderness multiple uses under the land management planning process and other applicable laws;
(4) many areas of the Ouachita National Forest possess qualities that can only be expressed and utilized in such a manner that designation of such areas as a national recreation area is appropriate for the maximum potential and enjoyment of the area by the American people;
(5) select areas possess unique plant and tree species and plant communities that are significant in their occurrence, variety and location and warrant designation as botanical areas; and
(6) select areas possess unique scenic and wildlife qualities that designation of such areas as a national scenic area and a national scenic and wildlife area is appropriate for the preservation of the natural beauty and wildlife habitat for the enjoyment of the American people.
(b) Purposes
The purposes of this subchapter are to—
(1) designate certain National Forest System lands in the State of Oklahoma as components of the National Wilderness Preservation System, in order to promote, perpetuate, and preserve the wilderness character of the lands, protect watersheds and wildlife habitat, preserve scenic and historic resources, and promote scientific research, primitive recreation, solitude, physical and mental challenge, and inspiration for the benefit of all the American people, to a greater extent than is possible in the absence of wilderness designation; and to ensure that certain other National Forest System lands in the State of Oklahoma be available for nonwilderness multiple uses; and
(2) designate certain National Forest System lands in the State of Oklahoma as a national recreation area, 2 botanical areas, a national scenic area, and a national scenic and wildlife area in order to enhance and further certain natural resources characteristics.
(
Short Title
Section 1 of
§460vv–1. Additions to National Wilderness Preservation System
In furtherance of the purposes of the Wilderness Act of 1964 (
(1) Certain lands in the Ouachita National Forest, Oklahoma, which comprise approximately 4,583 acres, as generally depicted on a map entitled "Black Fork Mountain Wilderness—Proposed", dated March 1988, and which shall be known as the Black Fork Mountain Wilderness.
(2) Certain lands in the Ouachita National Forest, Oklahoma, which comprise approximately 9,371 acres, as generally depicted on a map entitled "Upper Kiamichi River Wilderness—Proposed", dated March 1988, and which shall be known as the Upper Kiamichi River Wilderness.
(
References in Text
The Wilderness Act of 1964, referred to in text, probably means the Wilderness Act,
Section Referred to in Other Sections
This section is referred to in
§460vv–2. Maps and descriptions
As soon as practicable after October 18, 1988, the Secretary of Agriculture shall file the maps referred to in
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460vv–3. Administration
Subject to valid existing rights, each wilderness area designated by
(
References in Text
The Wilderness Act of 1964, referred to in text, probably means the Wilderness Act,
The effective date of the Wilderness Act of 1964, referred to in text, means Sept. 3, 1964, the date of enactment of
The effective date of this subchapter, referred to in text, means Oct. 18, 1988, the date of enactment of
§460vv–4. Wilderness review
(a) Findings
The Congress finds that—
(1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); and
(2) the Congress has made its own review and examination of National Forest System roadless areas in Oklahoma and of the environmental impacts associated with alternative allocations of such areas.
(b) Congressional determination and direction
On the basis of such review, the Congress hereby determines and directs that—
(1) without passing on the questions of the legal and factual sufficiency of the RARE II Final Environmental Impact Statement (dated January 1979) with respect to National Forest System lands in States other than Oklahoma, such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Oklahoma;
(2) with respect to the National Forest System lands in the State of Oklahoma which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d) of this section, that review and evaluation or reference shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974 [
(3) areas in the State of Oklahoma reviewed in such final environmental statement or referenced in subsection (d) of this section and not designated wilderness upon enactment of this subchapter shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 [
(4) in the event that revised land management plans in the State of Oklahoma are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 [
(5) unless expressly authorized by Congress, the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of the National Forest System lands in the State of Oklahoma for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System.
(c) Use of term
As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 [
(d) Application of provisions
The provisions of this section shall also apply to:
(1) those National Forest System roadless lands in the State of Oklahoma in the Ouachita National Forest which were evaluated in the Rich Mountain and Beech Creek unit plans; and
(2) National Forest System roadless lands in the State of Oklahoma which are less than five thousand acres in size.
(
References in Text
The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (b)(2), (4), is
The National Forest Management Act of 1976, referred to in subsecs. (b)(2)–(4) and (c), is
§460vv–5. Adjacent management
Congress does not intend that designation of wilderness areas in the State of Oklahoma lead to the creation of protective perimeters or buffer zones around each wilderness area. The fact that nonwilderness activities or uses can be seen or heard from areas within the wilderness shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area.
(
§460vv–6. Winding Stair Mountain National Recreation Area
(a) Establishment
In order to ensure 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, there is hereby established the Winding Stair Mountain National Recreation Area located in the Ouachita National Forest, Oklahoma.
(b) Area included
The Winding Stair Mountain National Recreation Area (hereafter in this subchapter referred to as the "recreation area") shall comprise approximately 26,445 acres as generally depicted on the map entitled "Winding Stair Mountain National Recreation Area—Proposed", dated March 1988, which shall be on file and available for public inspection in the Office of the Chief, Forest Service, Department of Agriculture.
(c) Maps and description
The Secretary of Agriculture (hereinafter in this section referred to as the "Secretary") shall, as soon as practicable after October 18, 1988, file a map and a legal description of the recreation area with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the United States Senate and each such map and legal description shall have the same force and effect as if included in this subchapter; except 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 further the purposes of this section, as set forth in subsection (a) of this section. Management and utilization of natural resources within the recreation area shall be permitted to the extent such management and utilization is compatible with and does not impair the purposes for which the recreation area is established.
(e) Timber management
Any sales of timber from within the recreation area shall be designed so as to not detract from the scenic values of the recreation area. Management practices that would detract from the scenic quality and natural beauty within view from the Talimena Drive or the Holson Valley Road shall not be conducted in the recreation area. Unevenaged timber management shall be the timber management practice in the recreation area, except that the Secretary may use evenaged management practices in order to promote public safety, mitigate the effects of fire, insects, and disease, or allow scenic vistas and recreational development or if such practices result in irregular cuts behind geographic barriers blocking the view from the Talimena Drive and the Holson Valley Road.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460vv–7. Botanical areas
(a) Designation
In order to protect and interpret to the public area within the Ouachita National Forest which contain unique plant species and unique plant communities that are significant in their occurrence, variety and location, the following lands are hereby designated as botanical areas:
(1) Certain lands in the Ouachita National Forest, Oklahoma, which comprise approximately eight thousand and twenty-six acres as generally depicted on a map entitled "Robert S. Kerr Memorial Arboretum, Nature Center and Botanical Area—Proposed", dated March 1988, which shall be known as the "Robert S. Kerr Memorial Arboretum, Nature Center and Botanical Area".
(2) Certain lands in the Ouachita National Forest, Oklahoma, which comprise approximately four hundred acres as generally depicted on a map entitled "Beech Creek Botanical Area—Proposed", dated March 1988, which shall be known as the "Beech Creek Botanical Area".
(b) Map and description
The Secretary of Agriculture shall, as soon as practicable after October 18, 1988, file a map and a legal description of the botanical areas with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the United States Senate. Each such map and legal description shall have the same force and effect as if included in this subchapter; except 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.
(c) Administration
The Secretary shall administer the botanical areas in accordance with the laws, rules and regulations applicable to the national forests in such manner as will best further the purposes of this section, as set forth in subsection (a) of this section. Except as provided in
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460vv–8. Indian Nations National Scenic and Wildlife Area
(a) Designation
In order to protect and enhance certain scenery and wildlife within the Ouachita National Forest, Oklahoma, certain lands within such national forest, as generally depicted on a map entitled "Indian Nations National Scenic and Wildlife Area—Proposed", dated March 1988, are hereby designated as the "Indian Nations National Scenic and Wildlife Area" (hereinafter in this subchapter referred to as the "national scenic and wildlife area").
(b) Map and description
The Secretary of Agriculture (hereinafter in this section referred to as the "Secretary") shall, as soon as practicable after October 18, 1988, file a map and a legal description of the national scenic and wildlife area with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the United States Senate. Each such map and legal description shall have the same force and effect as if included in this subchapter; except 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.
(c) Administration
The Secretary shall administer the national scenic and wildlife area in accordance with the laws, rules and regulations applicable to the national forests in such manner as will best further the purposes of this section, as set forth in subsection (a) of this section. Management practices within the national scenic and wildlife area that would detract from the scenic quality and natural beauty of the Talimena Drive and Holson Valley Road viewsheds shall be prohibited. Timber management practices within the national scenic and wildlife area shall promote a mixed hardwood and conifer forest with species and age class diversity approximating natural succession and with significant mast production and den trees for wildlife. Unevenaged timber management shall be the timber management practice in the national scenic and wildlife area, except that the Secretary may use evenaged management practices in order to promote public safety, mitigate the effects of fire, insects, and disease, or if such practices result in irregular cuts behind geographic barriers blocking the view from the Talimena Drive and the Holson Valley Road.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460vv–9. Beech Creek National Scenic Area
(a) Designation
In order to protect and enhance certain scenery and wildlife within the Ouachita National Forest, Oklahoma, certain lands within such national forest, as generally depicted on a map entitled "Beech Creek National Scenic Area—Proposed", dated March 1988, are hereby designated as the "Beech Creek National Scenic Area" (hereinafter in this subchapter referred to as the "national scenic area").
(b) Map and description
The Secretary of Agriculture (hereinafter in this section referred to as the "Secretary") shall, as soon as practicable after October 18, 1988, file a map and a legal description of the national scenic area with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the United States Senate. Each such map and legal description shall have the same force and effect as if included in this subchapter; except 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.
(c) Administration
The Secretary shall administer the national scenic area in accordance with the laws, rules, and regulations applicable to the national forests in such manner as will best further the purposes of this section, as set forth in subsection (a) of this section. Timber management practices within the area shall promote a mixed hardwood and conifer forest with species and age class diversity approximating natural succession and with significant mast production and den trees for wildlife. Unevenaged management shall be the timber management practice in the area, except that the Secretary is authorized to use evenaged management practices in order to promote public safety or to mitigate the effects of fire, insects, and disease.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460vv–10. Nomenclature
The wilderness areas, the national recreation area, the national scenic and wildlife area, the national scenic area, and the botanical areas designated in this subchapter shall be referred to as the "Winding Stair Mountain National Recreation and Wilderness Area".
(
§460vv–11. Timber management report
The Secretary of Agriculture shall submit to the Committee on Natural Resources and the Committee on Agriculture of the United States House of Representatives and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the United States Senate a report on the timber management program on those lands of the Ouachita National Forest located in Le Flore County, Oklahoma, each year after October 18, 1988, for a period of 20 years. Each such report shall include information on timber management practices, sale preparation, harvest levels, reforestation, forest pest and damage problems, multiple use mitigation practices, including wildlife enhancement, recreation, protection of scenery, vegetation conversion, roads, and vegetative cover along streams, roads and trails. The report shall also include an economic impact statement of the Ouachita National Forest in Le Flore County, Oklahoma, on the timber industry and the tourism and recreation industry.
(
Amendments
1994—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460vv–12. Advisory committee
Pursuant to the Federal Advisory Committee Act (
(
References in Text
The Federal Advisory Committee Act, referred to in text, is
Termination of Advisory Committees
Advisory committees 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 committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of
Section Referred to in Other Sections
This section is referred to in
§460vv–13. Planning
(a) Forest management plan
The Secretary shall amend the Ouachita National Forest land and resource management plan to include provisions regarding the wilderness areas, the botanical areas, the national recreation area, the national scenic and wildlife area, and the national scenic area designated by this subchapter. The amendment shall further the purposes for these areas as specified in this subchapter and shall be developed in accordance with the provisions of the National Forest Management Act, including provisions for public involvement. The Secretary shall consult with the local advisory committee established under
(b) Tourism and recreation
The plan shall include a section with provisions to promote tourism and recreation in ways consistent with the purposes for which the wilderness areas, the botanical areas, the national recreation area, the national scenic and wildlife area and the national scenic area are designated.
(c) Local advisory group
No later than 90 days after October 18, 1988, the Secretary shall designate a special advisory group from the local area in which the Ouachita National Forest is located to assist in the preparation of the tourism and recreation section of the amendment as required under subsection (b) of this section. The Secretary shall request the group to submit to the Secretary, within 12 months after its designation as an advisory group, a draft for such section. No later than 90 days after receiving such draft, the Secretary shall make any revisions and provide them to the group for review. The Secretary shall allow at least 60 days for the group to submit to the Secretary its comments on the revisions. The Secretary shall attempt to resolve any differences prior to his approval or disapproval of the amendment to the forest plan.
(d) Authorization of appropriations
There are hereby authorized to be appropriated not to exceed $15,000,000 for tourism and recreation improvements related to the Winding Stair Mountain National Recreation and Wilderness Area in Ouachita National Forest in Le Flore County, Oklahoma.
(e) Implementation
The Secretary is authorized and encouraged to seek local nonprofit entities and the private sector for development of tourism and recreation initiatives in implementing the tourism and recreation section of the plan.
(
References in Text
The National Forest Management Act, referred to in subsec. (a), probably means the National Forest Management Act of 1976,
Termination of Advisory Groups
Advisory groups 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 group established by the President or an officer of the Federal Government, such group is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a group established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of
§460vv–14. Fire, insect, and disease
Nothing in this subchapter shall preclude the Secretary of Agriculture from carrying out such measures in the recreation area, the national scenic and wildlife area, the national scenic area, or in the botanical areas established by this subchapter as the Secretary, in his discretion, deems necessary in the event of fire, or infestation of insects or disease or for public health and safety. As provided in
(
Section Referred to in Other Sections
This section is referred to in
§460vv–15. Grazing
Subject to such limitations, conditions, or regulations as he may prescribe, the Secretary of Agriculture shall permit grazing on lands within the Ouachita National Forest, Le Flore County, Oklahoma.
(
§460vv–16. Fishing and wildlife
Nothing in this subchapter shall be construed as affecting the jurisdiction or responsibilities of the State with respect to wildlife and fish in the areas designated by this subchapter.
(
§460vv–17. Permits
The Secretary shall cooperate with other Federal agencies, with State and local public agencies and bodies, and with private individuals and organizations in the issuance of permits for facilities, services, and recreational facilities in the Winding Stair Mountain National Recreation and Wilderness Area. In issuing such permits, the Secretary is authorized and encouraged to consider local nonprofit entities and the private sector.
(
§460vv–18. Land acquisition
(a) Authority
The Secretary of Agriculture is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange, any lands or interests therein, which the Secretary determines are needed to establish and manage the Winding Stair Mountain National Recreation and Wilderness Area.
(b) Offers
In exercising the authority conferred by this section to acquire lands, the Secretary of Agriculture shall give prompt and careful consideration to any offer made by an individual owning any land, or interest in land, within the Winding Stair Mountain National Recreation and Wilderness 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.
(c) Additional facilities
The Secretary of Agriculture may acquire sites at locations outside such boundaries of the Winding Stair Mountain National Recreation and Wilderness Area, as he determines necessary, for visitor orientation and the establishment of a lodge and additional facilities to enhance the quality of the area.
(d) Additional lands
Notwithstanding the limitations contained in
(
References in Text
Act of March 1, 1911, commonly referred to as the Weeks Law, referred to in subsec. (d), is act Mar. 1, 1911, ch. 186,
§460vv–19. Acreages
The acreage specified in this subchapter is approximate and in the event of discrepancies between cited acreage and the lands depicted on reference maps, the maps shall control.
(
SUBCHAPTER CVIII—GAULEY RIVER NATIONAL RECREATION AREA
§460ww. Establishment
(a) In general
In order to protect and preserve the scenic, recreational, geological, and fish and wildlife resources of the Gauley River and its tributary, the Meadow River, there is hereby established the Gauley River National Recreation Area (hereinafter in this Act referrred 1 to as the "recreation area").
(b) Area included
The recreation area shall consist of the land, waters, and interests therein generally depicted on the boundary map entitled "Gauley River National Recreation Area", numbered NRA–GR/20,000A and dated July 1987 and on the boundary map depicting the Meadow River, numbered WSR–MEA/20,000A and dated July 1988. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.
(c) Boundary modifications
Within five years after October 26, 1988, the Secretary of the Interior (hereinafter in this subchapter referred to as the "Secretary") shall submit to the Committee on Natural Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a report containing any boundary modifications which the Secretary recommends, together with the reasons therefor.
(
References in Text
This Act, referred to in subsec. (a), is
Amendments
1994—Subsec. (c).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
1 So in original. Should be "referred".
§460ww–1. Administration
(a) In general
The recreation area shall be administered by the Secretary in accordance with this Act and with the provisions of law generally applicable to units of the National Park System, including
(b) Hunting and fishing; fish stocking
The Secretary shall permit hunting, trapping and fishing on lands and waters within the recreation area in accordance with applicable Federal and State laws. The Secretary may, after consultation with the State of West Virginia Department of Natural Resources, designate zones where, and establish periods when, such activities will not be permitted for reasons of public safety, administration, fish and wildlife habitat or public use and enjoyment subject to such terms and conditions as he deems necessary in the furtherance of this Act. The Secretary shall permit the State of West Virginia to undertake or continue fish stocking activities carried out by the State in consultation with the Secretary on waters within the boundaries of the recreation area. Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of West Virginia with respect to fish and wildlife 1
(c) Cooperative agreements with State
In administering the recreation area 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 basis, of rescue, firefighting, and law enforcement services and cooperative assistance by nearby law enforcement and fire preventive agencies.
(d) Application of other provisions
The provisions of
(e) Recreational access
(1) Existing public roads
The Secretary may enter into a cooperative agreement with the State of West Virginia under which the Secretary shall be authorized to maintain and improve existing public roads and public rights-of-way within the boundaries of the national recreation area to the extent necessary to facilitate and improve reasonable access to the recreation area at existing access points where such actions would not unreasonably diminish the scenic and natural values of the area.
(2) Facilities adjacent to dam
In order to accommodate visitation to the recreation area, the Secretary shall construct such facilities as necessary to enhance and improve access, vehicle parking and related facilities, and provide river access for whitewater recreation and for other recreational activities, immediately downstream of the Summersville Dam, to the extent that such facilities are not provided pursuant to
(3) Other locations
In addition, in order to provide reasonable public access and vehicle parking for public use and enjoyment of the recreation area, consistent with the preservation and enhancement of the natural and scenic values of the recreation area, the Secretary may, with the consent of the owner thereof, acquire such lands and interests in lands to construct such parking and related facilities at other appropriate locations outside the boundaries of, but within one mile of the recreation area as may be necessary and appropriate. Any such lands shall be managed in accordance with the management provisions for the recreation area as defined in subsection (a) of this section.
(f) Properties and facilities of Federal agencies
After consultation with any other Federal agency managing lands and waters within or contiguous to the recreation area, the Secretary shall enter into a memorandum of understanding with such other Federal agency to identify those areas within the recreation area which are (1) under the administrative jurisdiction of such other agency; (2) directly related to the operation of the Summersville project; and (3) essential to the operation of such project. The memorandum of understanding shall also include provisions regarding the management of all such lands and waters in a manner consistent with the operation of such project and the management of the recreation area.
(
References in Text
This Act, referred to in subsecs. (a) and (b), is
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a period.
2 So in original. The comma probably should not appear.
§460ww–2. Miscellaneous
(a) Lands and waters
The Secretary may acquire lands 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.
(b) Jurisdiction
Lands, waters and interests therein within the recreation area which are administered by any other agency of the United States and which are not identified under
(c) Protection of existing project
Nothing in this Act shall impair or affect the requirements of section 1102 of
(
References in Text
This Act, referred to in subsec. (c), is
Section 1102 of
§460ww–3. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry out the purpose of this subchapter.
(
§460ww–4. Special conditions
(a) New project construction
If, after October 26, 1988, any department, agency, instrumentality or person commences construction of any dam, water conduit, reservoir, powerhouse, transmission line or other project at or in conjunction with the Summersville project, the department, agency, instrumentality or other person which constructs or operates such new project shall comply with such terms and conditions as the Secretary deems necessary, in his discretion, to protect the resources of the recreation area, including such terms and conditions as the Secretary deems necessary to ensure that such new project will not adversely affect whitewater recreation and other recreation activities during or after project construction.
(b) Adverse effects on recreation area
If any such new project referred to in subsection (a) of this section will create a direct, physical, adverse effect on access to the recreation area immediately downstream of the Summersville Dam during or after project construction, including vehicle parking, related facilities, and river access for whitewater recreation and other recreational use of the recreation area, the department, agency, instrumentality or person constructing such project shall replace and enhance the adversely affected facilities in such manner as may be appropriate to accommodate visitation, as determined by the Secretary.
(c) New project permits
The terms and conditions referred to in this section shall be included in any license, permit, or exemption issued for any such new project. Any such new project shall be subject to all provisions of this Act, including
(
References in Text
This Act, referred to in subsec. (c), is
Section Referred to in Other Sections
This section is referred to in
§460ww–5. Advisory Committee
(a) Establishment
There is hereby established the Gauley River National Recreation Area Advisory Committee (hereinafter in this Act referred to as the "Advisory Committee"). The Advisory Committee shall be composed of fifteen members appointed by the Secretary to serve for terms of two years. Any member of the Advisory Committee may serve after the expiration of his term until a successor is appointed. Any member of the Advisory Committee may be appointed to serve more than one term. The Secretary or his designee shall serve as Chairman.
(b) Management and development issues
The Secretary, or his designee, shall meet on a regular basis and consult with the Advisory Committee on matters relating to development of a management plan for the recreation area and on implementation of such plan.
(c) Expenses
Members of the Advisory Committee 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 Chairman.
(d) Membership
The Secretary shall appoint members to the Advisory Committee as follows:
(1) one member to represent other departments or agencies of the United States administering lands affected by the recreation area, to be appointed from among persons nominated by the head of such department or agency;
(2) two members to represent the State Department of Natural Resources, to be appointed from among persons nominated by the Governor of the State of West Virginia;
(3) one member to represent the State Department of Commerce to be appointed from among persons nominated by the Governor of West Virginia;
(4) three members to represent the commercial whitewater rafting industry in West Virginia;
(5) one member to represent noncommercial whitewater boating organizations;
(6) one member to represent conservation organizations in West Virginia;
(7) one member to represent individuals engaged in game fishing in West Virginia;
(8) one member to represent the Nicholas County Chamber of Commerce;
(9) one member to represent the Fayette County Chamber of Commerce;
(10) one member to represent recreational users of Summersville Lake; and
(11) two members to represent local citizens or citizens groups which are concerned with the Gauley River or own lands included within the boundaries of the recreation area.
(e) Termination; charter
The Advisory Committee shall terminate on the date ten years after October 26, 1988, notwithstanding the Federal Advisory Committee Act (Act of October 6, 1972;
(
References in Text
This Act, referred to in subsecs. (a) and (c), is
The Federal Advisory Committee Act, referred to in subsec. (e), is
SUBCHAPTER CIX—SAN PEDRO RIPARIAN NATIONAL CONSERVATION AREA
§460xx. Establishment
(a) In general
In order to protect the riparian area and the aquatic, wildlife, archeological, paleontological, scientific, cultural, educational, and recreational resources of the public lands surrounding the San Pedro River in Cochise County, Arizona, there is hereby established the San Pedro Riparian National Conservation Area (hereafter in this subchapter referred to as the "conservation area").
(b) Area included
The conservation area shall consist of public lands as generally depicted on a map entitled "San Pedro Riparian National Conservation Area—Proposed" numbered AZ–040–OZ, dated January 1988, and consisting of approximately 56,431 acres.
(c) Map
As soon as is practicable after November 18, 1988, a map and legal description of the conservation area shall be filed by the Secretary of the Interior (hereafter in this subchapter referred to as the "Secretary") 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. Each such map shall have the same force and effect as if included in this subchapter. Such map shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, Department of the Interior, and in the Bureau of Land Management offices of the State Director for Arizona, and the district office responsible for the management of the conservation area.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Short Title
Section 1 of
§460xx–1. Management
(a) General authorities
The Secretary shall manage the conservation area in a manner that conserves, protects, and enhances the riparian area and the aquatic, wildlife, archeological, paleontological, scientific, cultural, educational, and recreational resources of the conservation area. Such management shall be guided by this subchapter and, where not inconsistent with this subchapter, by the provisions of the Federal Land Policy and Management Act of 1976 [
(b) Uses
The Secretary shall only allow such uses of the conservation area as he finds will further the primary purposes for which the conservation area is established. Except where needed for administrative or emergency purposes, the use of motorized vehicles in the conservation area shall only be allowed on roads specifically designated for such use as part of the management plan prepared pursuant to
(c) Withdrawals
Subject to valid existing rights, all Federal lands within the conservation area are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; 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.
(d) Water rights
Congress reserves for the purposes of this reservation, a quantity of water sufficient to fulfill the purposes of the San Pedro Riparian National Conservation Area created by this subchapter. The priority date of such reserve rights shall be November 18, 1988. The Secretary shall file a claim for the quantification of such rights in an appropriate stream adjudication.
(e) Enforcement
Any person who violates any provision of this subchapter or any regulation promulgated by the Secretary to implement this subchapter shall be subject to a fine of up to $10,000, or imprisonment for up to one year, or both.
(
References in Text
The Federal Land Policy and Management Act of 1976, referred to in subsec. (a), is
The public land laws, referred to in subsec. (c), are classified generally to Title 43.
The United States mining laws, referred to in subsec. (c), are classified generally to Title 30, Mineral Lands and Mining.
Mineral leasing laws, referred to in subsec. (c), have been defined in
Geothermal leasing laws, referred to in subsec. (c), are classified principally to
§460xx–2. Management plan
(a) Development of plan
No later than 2 years after November 18, 1988, the Secretary shall develop a comprehensive plan for the long-range management and protection of the conservation area. The plan shall be developed with full opportunity for public participation and comment, and shall contain provisions designed to assure protection of the riparian area and the aquatic, wildlife, archeological, paleontological, scientific, cultural, educational, and recreation resources and values of the conservation area.
(b) Recommendations
The Secretary shall, in the comprehensive plan referred to in subsection (a) of this section, develop recommendations to Congress on whether additional lands should be included in the conservation area.
(c) Cooperative agreements
The Secretary may enter into cooperative agreements with appropriate State and local agencies, pursuant to
(d) Research
In order to assist in the development of appropriate management strategies for the conservation area, the Secretary may authorize research on matters including the environmental, biological, hydrological, and cultural resources of the conservation area, pursuant to
(
Section Referred to in Other Sections
This section is referred to in
§460xx–3. Advisory Committee
(a) Establishment
The Secretary shall establish a San Pedro Riparian National Conservation Area Advisory Committee, whose purpose shall be to advise the Secretary with respect to the preparation and implementation of the comprehensive, long-range plan required pursuant to
(b) Representation
There shall be 7 members of the Committee, who shall be appointed by the Secretary. Members of the Committee shall be appointed for terms of three years, except that of the members first appointed 2 shall be appointed for terms of 1 year and 3 shall be appointed for terms of 2 years. The Secretary shall appoint one member from nominations supplied by the Governor of the State of Arizona, and one member from nominations supplied by the Supervisors of Cochise County, Arizona. The other members shall be persons with recognized backgrounds in wildlife conservation, riparian ecology, archeology, paleontology, or other disciplines directly related to the primary purposes for which the conservation area was created.
(
Termination of Advisory Committees
Advisory committees 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 committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
§460xx–4. Land acquisition
The Secretary may acquire lands or interests in lands within the boundaries of the conservation area by exchange, purchase, or donation, except that any lands or interests therein owned by the State or local government may be acquired by donation or exchange only. Any purchase or exchange of lands to be added to the conservation area shall require the consent of the owner of those lands or rights.
(
§460xx–5. Report to Congress
No later than five years after November 18, 1988, and every ten years thereafter, the Secretary shall report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, on the implementation of this subchapter. Such report shall include a detailed statement on the condition of the resources within the conservation area and of the progress of the Bureau of Land Management in achieving the purposes of this subchapter.
(
Amendments
1994—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460xx–6. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter.
(
SUBCHAPTER CX—CITY OF ROCKS NATIONAL RESERVE
§460yy. Establishment
(a) In general
There is hereby established the City of Rocks National Reserve (hereinafter referred to as the "reserve"), in order to preserve and protect the significant historical and cultural resources; to manage recreational use; to protect and maintain scenic quality; and to interpret the nationally significant values of the reserve.
(b) Area included
The reserve shall include approximately fourteen thousand three hundred and twenty acres as depicted on the map entitled "Boundary Map, City of Rocks National Reserve, Idaho" numbered P30–80,005 and dated October 1987. The map shall be on file in the offices of the National Park Service, Department of the Interior and the Offices of the Governor, State of Idaho.
(c) Legal description
Within six months after November 18, 1988, the Secretary of the Interior (hereinafter in this subchapter referred to as the "Secretary") shall file a legal description of the reserve 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 (b) 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 and the offices of the Governor of the State of Idaho.
(
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460yy–1. Plan and management
(a) Development of plan
To achieve the purpose of this subchapter, the Secretary, acting through the National Park Service, in cooperation with appropriate State and Federal agencies, local units of government and local residents shall formulate a comprehensive plan for the protection, preservation, and interpretation of the reserve. The plan shall identify those areas or zones within the reserve which would most appropriately be devoted to—
(1) public use and development;
(2) historic and natural preservation; and
(3) private use subject to appropriate local ordinances designed to protect the historic rural setting.
(b) Transmittal of plan to Congress and State
Within eighteen months following November 18, 1988, the Secretary shall transmit the plan to the President of the Senate and the Speaker of the House of Representatives and to the Governor of the State of Idaho.
(c) Transfer of management and administration to State or local units of government
At such time as the State or appropriate units of local government having jurisdiction over land use within the reserve have enacted ordinances or established regulations which in the judgment of the Secretary will protect and preserve the historic and natural features of the area in accordance with the comprehensive plan, the Secretary shall, pursuant to cooperative agreement—
(1) transfer management and administration over all or any part of the property acquired under subsection (d) of this section to the State or appropriate units of local government;
(2) provide technical assistance to such State or units of local government in the management, protection, and interpretation of the reserve; and
(3) make periodic grants, which shall be supplemental to any other funds to which the grantee may be entitled under any other provision of law, to such State or local unit of government to carry out the purposes of this subchapter.
(d) Acquisition of land
(1) The Secretary is authorized to acquire such lands and interests as he determines are necessary to accomplish the purposes of this subchapter by donation, purchase with donated funds, or appropriated funds, or exchange, except that the Secretary may not acquire the fee simple title to any land without the consent of the owner. The Secretary shall, in addition, give prompt and careful consideration to any offer made by an individual owning property within the reserve 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.
(2) Lands and waters, and interests therein, within the boundaries of the reserve which were administered by the Forest Service, United States Department of Agriculture or the Bureau of Land Management, Department of the Interior prior to November 18, 1988, are hereby transferred to the administrative jurisdiction of the Secretary to be administered by the National Park Service in accordance with this subchapter.
(3) Lands and interest therein so acquired shall, so long as responsibility for management and administration remains with the United States, be administered by the Secretary subject to the provisions of
(e) Withdrawal of management and administration from State or local units of government
If, after the transfer of management and administration of any lands pursuant to subsection (c) of this section, the Secretary determines that the reserve is not being managed in a manner consistent with the purposes of this subchapter, he shall so notify the appropriate officers of the State or local unit of government to which such transfer was made and provide for a one hundred and eighty-day period in which the transferee may make such modifications in applicable laws, ordinances, rules, and procedures as will be consistent with such purposes. If, upon the expiration of such one hundred and eighty-day period, the Secretary determines that such modifications have not been made or are inadequate, he shall withdraw the management and administration from the transferee and he shall manage such lands in accordance with the provisions of this subchapter.
(f) Water rights
Congress finds that there are unique circumstances with respect to the water and water related resources within the Reserve 1 designated by this subchapter. The Congress recognizes that the management of this area may be transferred to the State of Idaho, that the State has committed to providing the water necessary to fulfill the purposes of this subchapter, and that there is little or no water or water-related resources that require the protection of a Federal reserved water right. Nothing in this subchapter, nor any action taken pursuant thereto, shall constitute either an express or implied reservation of water or water right for any purpose: Provided, That the United States shall retain that reserved water right which is associated with the initial establishment and withdrawal of the national forest lands which will be transferred to the Reserve 1 under this subchapter.
(g) Withdrawal of lands from disposition under other laws
Subject to valid existing rights, Federal lands and interests therein, within the reserve, are hereby withdrawn from disposition under the public land 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 [
(h) Authorization of appropriations
There is hereby authorized to be appropriated not to exceed $2,000,000 to carry out the provisions of this subchapter.
(
References in Text
The public land laws, referred to in subsec. (g), are classified generally to Title 43, Public Lands.
The mining laws of the United States, referred to in subsec. (g), are classified generally to Title 30, Mineral Lands and Mining.
Mineral leasing laws of the United States, referred to in subsec. (g), have been defined in
The Geothermal Steam Act of 1970, referred to in subsec. (g), is
Permission To Hunt on Reserve; Restrictions
1 So in original. Probably should not be capitalized.
SUBCHAPTER CXI—MISSISSIPPI NATIONAL RIVER AND RECREATION AREA
Part A—Mississippi National River and Recreation Area
§460zz. Findings and purposes
(a) Findings
The Congress finds that:
(1) The Mississippi River Corridor within the Saint Paul-Minneapolis Metropolitan Area represents a nationally significant historical, recreational, scenic, cultural, natural, economic, and scientific resource.
(2) There is a national interest in the preservation, protection and enhancement of these resources for the benefit of the people of the United States.
(3) State and local planning efforts along the River Corridor provide a unique foundation for coordinating Federal, State, and local planning and management processes.
(4) Existing Federal agency programs lack sufficient coordination and financial participation with State and local planning and regulatory authorities to provide for adequate and comprehensive resource management and economic development consistent with the protection of the Mississippi River Corridor's nationally significant resources, and the public use and enjoyment of the area.
(5) The preservation, enhancement, enjoyment, and utilization of the nationally significant resources of the Mississippi River Corridor can be accomplished by a cooperative Federal, State, and local comprehensive planning and management effort.
(b) Purposes
The purposes of this part are:
(1) To protect, preserve and enhance the significant values of the waters and land of the Mississippi River Corridor within the Saint Paul-Minneapolis Metropolitan Area.
(2) To encourage adequate coordination of all governmental programs affecting the land and water resources of the Mississippi River Corridor.
(3) To provide a management framework to assist the State of Minnesota and its units of local government in the development and implementation of integrated resource management programs for the Mississippi River Corridor in order to assure orderly public and private development in the area consistent with the findings of this part.
(
§460zz–1. Establishment
(a) In general
There is hereby established the Mississippi National River and Recreation Area (hereinafter in this subchapter referred to as the "Area") which shall consist of the State designated Mississippi Critical Area encompassing that portion of the Mississippi River and adjacent lands generally within the Saint Paul-Minneapolis Metropolitan Area, as depicted on the map entitled Mississippi National River and Recreation Area numbered MI–NRA/80,000 and dated April 1987. The map shall be on file and available for public inspection in the offices of the Department of the Interior in Washington, District of Columbia, and in the offices of the Metropolitan Council of the Twin Cities Area in Saint Paul, Minnesota.
(b) Boundaries
The Secretary of the Interior (hereinafter referred to as the "Secretary") shall publish in the Federal Register, as soon as practicable after November 18, 1988, a detailed description and map of the boundaries established under subsection (a) of this section.
(
Section Referred to in Other Sections
This section is referred to in
§460zz–2. Mississippi River Coordinating Commission
(a) Establishment
There is hereby established a Mississippi River Coordinating Commission whose purpose shall be to assist Federal, State, and local authorities in the development and implementation of an integrated resource management plan for those lands and waters as specified in
(1) The Director of the National Park Service, or his designee.
(2) The Chief of the Corps of Engineers, or his designee.
(3) The Director of the Fish and Wildlife Service, or his designee.
(4) Three individuals, from recommendations by the Governor of Minnesota, to represent the Minnesota Department of Natural Resources, Department of Transportation, and Minnesota Environmental Quality Board.
(5) One individual, to represent the Minnesota Historical Society.
(6) One individual, to represent the Metropolitan Council of the Twin Cities Area.
(7) Four elected officials, to represent the cities of Saint Paul and Minneapolis.
(8) Four elected officials, from recommendations by the Governor of Minnesota, to represent the interests of the other affected municipalities and counties.
(9) One individual, to represent the Metropolitan Parks and Open Spaces Commission.
(10) One individual, from recommendations by the Governor of Minnesota, to represent the interests of commercial navigation.
(11) Four individuals, from recommendations by the Governor of Minnesota, to be chosen from the general public.
(b) Terms
(1) Except as provided in paragraphs (2) and (3), members (other than ex officio members) shall be appointed for terms of three years.
(2) Of the members first appointed—
(A) Under paragraph (4) of subsection (a) of this section:
(i) One shall be appointed for a term of one year.
(ii) One shall be appointed for a term of two years.
(B) Under paragraphs (7) and (8) of subsection (a) of this section, one shall be appointed for a term of one year.
(C) Under paragraph (11) of subsection (a) of this section:
(i) One shall be appointed for a term of one year.
(ii) One shall be appointed for a term of two years.
(iii) One shall be appointed for a term of four years.
(3) 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.
(c) 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
(d) Chairperson
The Chairperson of the Commission shall be appointed by the Secretary from among the members of the Commission nominated by the Governor of Minnesota and shall serve for a term of three years.
(e) Quorum
Twelve members of the Commission shall constitute a quorum.
(f) Meetings
The Commission shall meet at the call of the Chairman 1 or a majority of its members.
(g) Development of policies and programs
As a coordinator and advisory organization, the Commission shall assist the Secretary, the State of Minnesota and local units of government, endeavoring to use existing Federal, State, regional, and local plans and programs where consistent with the intent and goals of this part, in developing the following:
(1) Policies and programs for the preservation and enhancement of the environmental values of the Area.
(2) Policies and programs for enhanced public outdoor recreation opportunities in the Area.
(3) Policies and programs for the conservation and protection of the scenic, historical, cultural, natural and scientific values of the Area.
(4) Policies and programs for the commercial utilization of the Area and its related natural resources, consistent with the protection of the values for which the Area is established as the Mississippi National River and Recreation Area.
(h) Staff
The Secretary shall provide the Commission with such staff and technical assistance as the Secretary, after consultation with the Commission, considers appropriate to enable the Commission to carry out its duties. Upon request of the Secretary, any Federal agency may provide information, personnel, property, and services on a reimbursable basis, to the Commission to assist in carrying out its duties under this part. The Secretary may accept the services of personnel detailed from the State of Minnesota or any political subdivision of the State and may reimburse the State or such political subdivision for such services. The Commission may procure temporary and intermittent services under
(i) Plan
Within 3 years after appointment of the full membership of the Commission, the Commission shall submit to the Secretary and the Governor of Minnesota a comprehensive plan for land and water use measures for the area to be developed and implemented by the responsible Federal agencies, the State of Minnesota, and local political subdivisions. The plan shall endeavor to use existing Federal, State, regional, and local plans and where consistent with the intent and goals of this part shall coordinate those plans to present a unified comprehensive plan for the Area. The plan shall include but not be limited to each of the following:
(1) A program for management of existing and future land and water use which—
(A) considers and details the application of a variety of land and water protection and management techniques;
(B) includes a policy statement for the use of Federal, State, and local regulatory responsibilities to manage land and water resources in a manner consistent with the purposes of this part; and
(C) recognizes existing economic activities within the area 2 and provides for the management of such activities, including barge transportation and fleeting and those indigenous industries and commercial and residential developments which are consistent with the findings and purposes of this part.
(2) A program providing for coordinated implementation and administration of the plan with proposed assignment of responsibilities to the appropriate governmental unit at the Federal, State, regional and local levels, including each of the following:
(A) Ways in which local, regional, State, and Federal policies and permits may better be coordinated to the goals and policies of this part.
(B) A financial plan to provide and support the public improvements and services recommended in the plan; and a mechanism for coordinating local, regional, State, and Federal planning to promote the purposes of this part.
(C) How the goals and policies of the management plan will be compatible with the existing channel maintenance program on the Mississippi River, and the existing Federal, State, regional, and local programs and goals on the Minnesota and Saint Croix Rivers.
(D) The provisions of the Clean Water Act [
(3) A coordination and consistency component which details the ways in which local, State, and Federal programs and policies may best be coordinated to promote the purposes of this part.
(4) A program for the coordination and consolidation, to the extent feasible, of permits that may be required by Federal, State, and local agencies having jurisdiction over land and waters within the Area.
(j) Development of plan
(1) In developing the plan the Commission shall consult on a regular basis with appropriate officials of any local government or Federal or State agency which has jurisdiction over lands and waters within the Area.
(2) In developing the plan the Commission shall consult with interested conservation, business, professional and citizen organizations.
(3) In developing the plan the Commission shall conduct public hearings within the Area, and at such other places as may be appropriate, for the purposes of providing interested persons with the opportunity to testify with respect to matters to be addressed by the plan.
(k) Approval of plan
The Commission shall submit the plan to the Secretary and the Governor of Minnesota, for their review. The Governor shall act on the plan within 90 days and shall submit the plan to the Secretary along with any recommendations. The Secretary shall approve or disapprove the plan within 90 days. In reviewing the plan the Secretary shall consider each of the following:
(1) The adequacy of public participation.
(2) Assurances of plan implementation from State and local officials.
(3) The adequacy of regulatory and financial tools that are in place to implement the plan.
(4) Plan provisions for continuing oversight of the plan implementation by the Secretary and the Governor of Minnesota.
If the Secretary disapproves the plan, he shall, within 60 days after the date of such disapproval advise the Governor and Commission in writing of the reasons therefor, together with his recommendations for revision. The Commission shall within 90 days of receipt of such notice of disapproval revise and resubmit the plan to the Governor for his review. Following his review, the Governor shall submit the revised plan, together with any recommendations he may have, to the Secretary who shall approve or disapprove the revision within 60 days.
(l) Interim program
Prior to the adoption of the Commission's plan, the Secretary and the Commission shall monitor all land and water use activities within the Area to ensure that said activities are in keeping with the purposes of this part, and shall advise and cooperate with the appropriate Federal, State, and local governmental entities to minimize adverse impacts on the values for which the Area is established.
(m) Commission review
The Commission shall assist the Secretary and the Governor of Minnesota in reviewing and monitoring the implementation of the plan by Federal, State, and local governmental agencies having jurisdiction in the Area. The Commission may, after providing, for public comment and subject to the review and approval, as set forth in subsection (k) of this section, modify said plan, if the Commission determines that such modification is necessary to further the purposes of this part.
(n) Termination of Commission
The Commission shall terminate on the date 10 years after November 18, 1988. Following termination of the Commission the State is authorized to establish a State Commission which shall exercise the functions and authorities described in subsection (m) of this section. The Secretary of the Interior and the Secretary of the Army are authorized and directed to participate as members of such State Commission.
(
References in Text
The Clean Water Act, referred to in subsec. (i)(2)(D), is act June 30, 1948, ch. 758, as amended generally by
The Safe Drinking Water Act, referred to in subsec. (i)(2)(D), is
Amendments
1992—Subsec. (i).
1989—Subsec. (d).
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "Chairperson".
2 So in original. Probably should be capitalized.
§460zz–3. Federal lands and developments
(a) Lands
Notwithstanding any other provision of law, any Federal property located within the boundaries of the Area as identified on the map referred to in
(1) Facilities and lands administered by the Secretary of the Army through the Corps of Engineers for navigational and flood control purposes may continue to be used by the Secretary of the Army subject to the provisions of subsection (b) of this section.
(2) Federal property on which there is located any building or other structure which is in use (as of November 18, 1988) or for which a lease is in effect shall not be transferred under this subsection without the concurrence of the administering agency.
(b) Federal agency activities
(1) In general
Before any department, agency, or instrumentality of the United States issues or approves any license or permit for any facility or undertaking within the Area and before any such department, agency, or instrumentality commences any undertaking or provides any Federal assistance to the State or any local governmental jurisdiction for any undertaking within the Area, the department, agency, or instrumentality shall notify the Secretary. The Secretary shall review the proposed facility or undertaking to assess its compatibility with the plan approved under
(2) Navigation
(A) Nothing in this part shall be deemed to impact or otherwise affect such existing statutory authority as may be vested in the Secretary of the Department in which the Coast Guard is operating or the Secretary of the Army for the maintenance of navigation aids and navigation improvements: Provided, That in exercising such authority the Secretary of the Army, through the Corps of Engineers and the Secretary of the Department in which the Coast Guard is operating, shall not take any action that would have a direct and adverse effect on the values for which the Area is established unless such action is essential for the protection of public health or safety or is necessary for national security or defense.
(B) In planning for the development and public use of the Area, the Secretary shall consult with the Secretary of the Army to assure that public use of adjacent or related water resource developments or flood control projects and that of the Area are compatible.
(
§460zz–4 . Administration
(a) Authorities
The Secretary shall administer the Area in accordance with this part. Only those lands within the Area under the direct jurisdiction of the Secretary shall be administered in accordance with the provisions of law generally applicable to units of the National Park System. Other lands and waters within the Area shall be administered under State and local laws. In the case of any conflict between the provisions of this part and such generally applicable provisions of law, the provisions of this part shall govern.
(b) State and local authorities
The Secretary shall consult and cooperate with the State of Minnesota and its political subdivisions concerning the development and management of Federal lands within the Area.
(c) Land acquisition
Within the boundaries of the Area, the Secretary is authorized, in consultation with the State of Minnesota and the affected local governmental unit, to acquire land and interests therein by donation, purchase with donated or appropriated funds, exchange or transfer, except as provided in paragraphs (1) and (2).
(1) Any lands or interests therein owned by the State of Minnesota or any political subdivision thereof may be acquired only by donation.
(2) Privately owned lands or interests therein may be acquired only with the consent of the owner thereof unless the Secretary makes a determination pursuant to subsection (d)(2) of this section. In no event may the Secretary use the authority provided in subsection (d)(3) of this section to acquire land or interests in land without the owner's consent for any use exercised prior to January 1, 1987, that is consistent with the plan under
(d) Review of local plans
(1) Authority
For the purpose of protecting the integrity of the Area the Secretary shall cooperate and consult with the State and the appropriate political subdivisions to review all relevant local plans, laws and ordinances to determine whether they substantially conform to the plan approved pursuant to
(2) Purpose
The purpose of review under paragraph (1) shall be to determine the degree to which actions by local governments are compatible with the purposes of this subchapter. Following the approval of the plan under
(3) Enforcement
In those sections of the Area where local plans, laws and ordinances, or amendments thereto or variances therefrom are found by the Secretary not to be in conformance with the plan approved pursuant to
(e) Retention by owner of use and occupancy
The Secretary may permit the owner or owners of any improved residential property acquired by the Secretary under this part to retain a right of use and occupancy of the property for noncommerical 1 residential uses not incompatible with the plan approved under
(
Amendments
1989—Subsec. (a).
1 So in original. Probably should be "noncommercial".
§460zz–5 . State and local assistance and jurisdiction
(a) Grants
Upon approval of the plan under
(b) Cooperative agreements
The Secretary is authorized to enter into cooperative agreements with the State of Minnesota or any political subdivision thereof pursuant to which he may assist in the planning for and interpretation of non-Federal publicly owned lands within the Area.
(c) Technical assistance
To enable the State of Minnesota and its political subdivisions to develop and implement programs compatible with the plan, the Secretary shall provide such technical assistance to the State and its political subdivisions as he deems appropriate.
(d) State and local jurisdiction
Nothing in this part shall diminish, enlarge, or modify any right of the State of Minnesota or any political subdivision thereof, to exercise civil and criminal jurisdiction or to carry out State fish and wildlife laws, rules, and regulations within the Area, or to tax persons, corporations, franchises, or private property on the lands and waters included in the Area.
(
Section Referred to in Other Sections
This section is referred to in
§460zz–6 . Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this part.
(
Part B—Tri-Rivers Management
§460zz–11 . Tri-Rivers Management Board
(a) Federal representatives
In furtherance of the integrated management of those portions of the Mississippi, Saint Croix, and Minnesota Rivers within the Saint Paul-Minneapolis Metropolitan Area, the Secretary of the Interior and the Secretary of the Army are authorized and directed to appoint representatives to a Tri-Rivers Management Board (hereinafter referred to as the "Board"), or any similar organization, which may be established by the State of Minnesota to assist in the development and implementation of consistent and coordinated land use planning and management policy for such portions of such rivers.
(b) Personnel
Upon request of the Board, the Secretary of the Interior and the Secretary of the Army may detail, on a reimbursable basis, any personnel to the Board.
(c) Authorization of appropriations
There is hereby authorized to carry out the purposes of this part the sum of $100,000 annually; except that the Federal contribution to the Board shall not exceed one-third of the annual operating costs of the Board.
(
SUBCHAPTER CXII—GRAND ISLAND NATIONAL RECREATION AREA
§460aaa . Establishment
In order to preserve and protect for present and future generations the outstanding resources and values of Grand Island in Lake Superior, Michigan, and for the purposes of providing for the conservation, protection, and enhancement of its scenery, recreation, fish and wildlife, vegetation and historical and cultural resources, there is hereby established the Grand Island National Recreation Area (hereafter in this subchapter referred to as the "national recreation area"). These resources and values include, but are not limited to, cliffs, caves, beaches, forested appearance, natural biological diversity, and features of early settlement.
(
§460aaa–1 . Boundaries
The national recreation area shall comprise all of the Grand Island in Lake Superior, Michigan, and all associated rocks, pinnacles, and islands and islets within one-quarter mile of the shore of Grand Island. The boundaries of the Hiawatha National Forest are hereby extended to include all of the lands within the national recreation area. All such extended boundaries shall be deemed boundaries in existence as of January 1, 1965, for the purposes of
(
§460aaa–2 . Administration
(a) Administration
Subject to valid existing rights, the Secretary of Agriculture (hereafter in this subchapter referred to as the "Secretary") shall administer the national recreation area in accordance with the laws, rules, and regulations applicable to the National Forest System in furtherance of the purposes for which the national recreation area was established.
(b) Special management requirements
The national recreation area also shall be administered according to the following special management requirements:
(1) Subject to such terms and conditions as may be prescribed by the Secretary, including the protection of threatened and endangered species and the protection of other natural, cultural, and scenic values, owners of privately owned land and homes within the national recreation area shall be afforded access across National Forest System lands.
(2) Consistent with
(3) The Secretary shall permit the use of snowmobiles on Federal lands in the national recreation area in accordance with the rules and regulations of the National Forest System and consistent with the management plan developed pursuant to
(4) Timber management shall be utilized only as a tool to enhance public recreation, scenic quality, game and nongame wildlife species, and the protection and enhancement of threatened, endangered, or sensitive species. Trees damaged or downed due to fire, insects, disease, or blowdown may be utilized, salvaged, or removed from the recreation area as authorized by the Secretary to further the purposes of the national recreation area.
(5) The Secretary shall, after acquiring fee title to at least 10,000 acres of land on Grand Island, provide reasonable water transportation from the mainland to Grand Island. Transportation may be provided through concession, permit, or other means, and a reasonable charge may be imposed. Transportation shall be subject to reasonable regulation by the Secretary and shall not be required when the Secretary deems it to be unsafe because of factors such as weather and water conditions.
(6) The Secretary shall provide through concession, permit, or other means docking and lodge facilities consistent with the management plan developed pursuant to
(7) The Secretary shall take reasonable actions to provide for public health and safety and for the protection of the national recreation area in the event of fire or infestation of insects or disease.
(8) Under the authority of the Act of March 4, 1915, as amended (
(A) Such permit may only be issued to the owner of such home as of the date of Federal acquisition of the property, such owner's spouse, the children, stepchildren, and grandchildren of such owner and spouse, and their direct lineal descendants (natural or adopted offspring).
(B) Only noncommercial recreation occupancy may be permitted.
(C) The Secretary shall collect fees on an annual basis based on the fair market value of the occupancy permitted.
(D) The expansion, remodeling, or reconstruction of such homes shall be subject to approval of and regulation by the Secretary. No expansion, remodeling, or reconstruction may increase the height of structure or result in an increase of more than 25 percent of the sum of the exterior dimensions of a structure as it existed on May 17, 1990. Any expansion, remodeling, or reconstruction shall be consistent with the criteria developed pursuant to
(E) Any such home may be purchased at the fair market value of the structure and improvements by the Secretary on a willing seller basis.
(F) The permit may be terminated at any time for failure to comply with its terms and conditions and applicable regulations without cost to the Federal Government in accordance with the permit.
(G) After termination of any such permit, if any improvements or property are not removed by their owner within one year of the termination, they shall become the property of the Federal Government.
(9) Solely for purposes of payments pursuant to
(
References in Text
Act of March 4, 1915, referred to in subsec. (b)(8), is act Mar. 4, 1915, ch. 144,
Section Referred to in Other Sections
This section is referred to in
§460aaa–3 . Acquisition
(a) General authority
Subject to the provisions of
(b) Private lands
(1) An owner of unimproved real property within the national recreation area may construct recreational residences that are architecturally compatible with other structures within the national recreation area, as described by the management plan developed pursuant to
(2) Any privately owned lands, interests in lands, or structures within the national recreation area shall not be disposed of by donation, exchange, sale, or other conveyance without first being offered at no more than fair market value to the Secretary. The Secretary shall be given a period of 120 days to accept an offer and, after such offer is accepted, a period of 45 days after the end of the fiscal year following the fiscal year in which the offer was accepted to acquire such lands, interests in lands, or structures. No such lands, interests in lands, or structures shall be sold or conveyed at a price below the price at which they have been offered for sale to the Secretary, and if such lands, interest in lands, or structures are reoffered for sale or conveyance they shall first be reoffered to the Secretary, except that this subsection shall not apply to a change in ownership of a property within the immediate family of the owner of record on January 1, 1989. For the purposes of this subsection, the term "immediate family" means, with respect to any such owner of record, the spouse, siblings, children (whether natural or adopted), stepchildren, and lineal descendants of that owner.
(
§460aaa–4 . Fish and game
(a) In general
Nothing in this subchapter shall be construed as affecting the responsibilities of the State of Michigan with respect to fish and wildlife, including the regulation of hunting, fishing, and trapping in any lands acquired and managed by the Secretary under this subchapter, except that the Secretary may, in consultation with the State of Michigan, designate zones where, and establish periods when, no hunting, fishing or trapping shall be permitted for reasons of public safety, administration, the protection of nongame species and their habitats, or public use and enjoyment.
(b) Notice of Secretarial action
As soon as practicable after each case in which the Secretary exercises authority under subsection (a) of this section, the Secretary, in consultation with appropriate officials of the State of Michigan, shall take steps to notify area residents as to the nature of actions taken, and the location of zones designated and periods established, under subsection (a) of this section.
(c) Consultation
Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect after consultation with the fish and wildlife agency of the State of Michigan.
(
§460aaa–5 . Minerals
Subject to valid existing rights, the 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 leasing including all laws pertaining to geothermal leasing. Also subject to valid existing rights, the Secretary shall not allow any mineral development on federally owned land within the national recreation area, except that common varieties of mineral materials, such as stone, and gravel, may be utilized only as authorized by the Secretary to the extent necessary for construction and maintenance of roads and facilities within the national recreation area.
(
References in Text
The United States mining laws, referred to in text, are classified generally to Title 30, Mineral Lands and Mining.
Mineral leasing laws, referred to in text, have been defined in
Geothermal leasing laws, referred to in text, are classified principally to
§460aaa–6 . Management plan
(a) Development
After the Secretary acquires fee title to at least 10,000 acres of land on Grand Island, the Secretary, within 30 months, shall develop with public involvement a comprehensive management plan for the national recreation area which implements the provisions of this subchapter.
(b) Special issues to be included
The comprehensive management plan shall include, but not be limited to, the following issues:
(1) Public recreation, including consideration of a range of appropriate recreational opportunities consistent with the rustic, natural, and historic character of the island, including, but not limited to, a system of trails and campsites in conjunction with the lodge referred to in paragraph (2) of this section.1
(2) The feasibility of a concessionaire constructed, operated, and maintained rustic lodge and educational facility on no more than 55 acres located so as not to impair or alter existing scenic views or the existing tree line and forested appearance of Grand Island from any point within the boundaries of Pictured Rocks National Lakeshore. The plan shall address the economics of constructing, operating, and maintaining such a facility by a concessionaire or other entity; access by roads and waters; utilities; waste water treatment, garbage disposal, and other associated environmental impacts; management operations including construction, operation and maintenance; and the potential for permitted uses by government agencies, profit and nonprofit organizations, or individuals.
(3) Prescriptions concerning any management and harvest of timber, subject to
(4) General design criteria for new facilities or the improvement of existing facilities that are compatible with the rustic, natural, and historic character of the island and their topographic and geological location, and that do not impair scenic views from the Pictured Rocks National Lakeshore.
(5) Water transportation from the mainland to the national recreation area by a concessionaire or other entity.
(6) The feasibility of concessionaire constructed, operated, and maintained docking facilities in the national recreation area and on the mainland.
(7) An inventory and assessment of existing traditional roads, the level of road use, access needs, and any vehicular regulation and management needed to protect the resources of the national recreation area while, at the same time, providing reasonable access to private property.
(c) Consultation
In preparing the comprehensive management plan, the Secretary shall consult with the appropriate State and local government officials, provide for full public participation, and consider the views of all interested parties, organizations, and individuals.
(
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "subsection."
§460aaa–7 . Grand Island Advisory Commission
(a) Establishment
Subject to appointments as provided in subsection (b) of this section, there is established a Grand Island Advisory Commission (hereafter in this subchapter referred to as the "Commission") comprised of 12 members for the purpose of advising the Secretary on the preparation of the management plan which is provided for in
(b) Appointment
(1) Commission members shall be appointed by the Secretary as follows:
(A) Three non-voting members, who shall be employees of the Forest Service including the Forest Supervisor of the Hiawatha National Forest.
(B) One member who shall be a resident of Munising, Michigan, who is not a Forest Service employee.
(C) Two members who shall be recreational users of Grand Island who are not Forest Service employees.
(D) One member from nominations made by the Alger County Board of Commissioners who is a member of such board.
(E) One member from nominations made by the Alger County Economic Development Corporation who is a member of such corporation.
(F) One member from nominations made by the Grand Island Association who is a member of such association.
(G) One member from nominations made by the private landowners of Grand Island who is a private landowner on Grand Island.
(H) One member from nominations made by the Grand Island Township Board who is a member of such board.
(I) The Munising city manager, upon accepting the invitation of the Secretary.
(2) Any vacancy shall be filled in the same manner as the original appointment.
(c) Quorum
A quorum shall be six members. The operations of the Commission shall not be impaired by the fact that a member has not been appointed as long as a quorum has been attained.
(d) Procedures
The Commission shall elect a Chairman and establish such rules and procedures as it deems necessary or desirable.
(e) Consultation
The Secretary shall consult with the Commission on a periodic and regular basis with respect to the management plan.
(f) Pay
(1) Members of the Commission who are not full-time officers or employees of the United States shall serve without pay.
(2) Members of the Commission who are full-time officers or employees of the United States shall receive no additional pay by reason of their service on the Commission.
(g) Proposals for non-Federal development on Federal land
The Commission shall recommend proposals for non-Federal development on the 55 acres described in
(h) Termination
The Commission shall cease to exist on the date upon which the management plan is adopted.
(
Termination of Advisory Commissions
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
§460aaa–8 . Authorization of appropriations
(a) Acquisition of lands
There are hereby authorized to be appropriated an amount not to exceed $5,000,000 for the acquisition of land, interests in land, or structures within the national recreation area and on the mainland as needed for access and administrative facilities.
(b) Other purposes
In addition to the amounts authorized to be appropriated under subsection (a) of this section, there are authorized to be appropriated not more than $5,000,000 for development to carry out the other purposes of this subchapter.
(
SUBCHAPTER CXIII—SMITH RIVER NATIONAL RECREATION AREA
§460bbb. Findings
The Congress finds that—
(1) the Smith River, undammed and free-flowing from its headwaters to the Pacific Ocean, represents one of the last wholly intact vestiges of an invaluable legacy of wild and scenic rivers;
(2) the Smith River watershed, from the diverse conifer forests of the Siskiyou Mountains and unique botanical communities of the North Fork serpentine to the ancient redwoods along the river's lower reaches, exhibits a richness of ecological diversity unusual in a basin of its size;
(3) the Smith River watershed's scenic beauty, renowned anadromous fisheries, exceptional water quality, and abundant wildlife combine with its ready accessibility to offer exceptional opportunities for a wide range of recreational activities, including wilderness, water sports, fishing, hunting, camping, and sightseeing;
(4) careful development and utilization at mutually compatible levels of recreation, fisheries, and timber resources on public lands will ensure the continuation of the Smith River watershed's historic role as a significant contributor to the region's local economy; and
(5) protection of the Smith River's unique values can be enhanced by a cooperative effort by Federal, State and local governments to coordinate land-use planning, management, and development of Federal and non-Federal lands throughout the watershed.
(
Short Title
Section 1 of
§460bbb–1. Definitions
As used in this subchapter—
(1) the term "excluded area" means one of the four areas specifically excluded from the recreation area, as generally depicted on the map referred to in
(2) the term "forest plan" means the land and resource management plan for the Six Rivers National Forest prepared pursuant to
(3) the term "recreation area" means the Smith River National Recreation Area established by
(4) the term "Secretary" means the Secretary of Agriculture; and
(5) the term "inner gorge" means the inherently unstable steep slope (65 percent gradient or more) immediately adjacent to the stream or river channel, extending from the channel or recent floodplain to the first significant break in slope (usually 15 percent or more).
(
References in Text
This subchapter, referred to in text, was in the original "this Act", meaning
§460bbb–2. Establishment
(a) In general
For the purposes of ensuring the preservation, protection, enhancement, and interpretation for present and future generations of the Smith River watershed's outstanding wild and scenic rivers, ecological diversity, and recreation opportunities while providing for the wise use and sustained productivity of its natural resources, there is hereby established the Smith River National Recreation Area.
(b) Boundaries
(1) The recreation area shall consist of those lands within the area generally depicted on the map entitled "Proposed Smith River National Recreation Area" and dated July 1990. The map shall be on file and available for public inspection in the Office of the Chief, Forest Service, Department of Agriculture. The Secretary may, by publication of availability of a revised map and after public comment, make corrections or minor changes to the boundary of the recreation area.
(2) The exterior boundary of the recreation area, as generally depicted on the map, shall encompass the recreation area and the four excluded areas.
(c) Boundary modification
The boundaries of the Six Rivers National Forest are hereby modified as generally depicted on the map referred to in subsection (b) of this section. A map and legal description of the boundary of the Six Rivers National Forest as modified by this subsection shall be on file and available for public inspection in the Office of the Chief, Forest Service, and the Office of the Forest Supervisor of the Six Rivers National Forest.
(d) Transfer
The federally owned lands within the recreation area administered by the Secretary of the Interior on November 16, 1990, comprising approximately 20 acres, are hereby transferred to the jurisdiction of the Secretary of Agriculture and shall be managed in accordance with the laws applicable to the National Forest System and this subchapter.
(
Section Referred to in Other Sections
This section is referred to in
§460bbb–3. Administration
(a) In general
The Secretary shall administer the recreation area in accordance with this subchapter and the laws, rules, and regulations applicable to the National Forest System in furtherance of the purposes for which the recreation area was established. In administering the recreation area, the Secretary shall, consistent with the applicable area management emphasis provided under subsection (b) of this section, undertake the following:
(1) Provide for a broad range of recreation uses and provide recreational and interpretive services and facilities (including trails and campgrounds) for the public.
(2) Provide and maintain adequate public access, including vehicular roads for general recreational activities such as camping, hiking, hunting, and fishing.
(3) Improve the anadromous fishery and water quality, including (but not limited to) stabilizing landslides, improving fish spawning and rearing habitat, and placing appropriate restrictions or limitations on soil disturbing activities.
(4) Permit the use of off-road vehicles only on designated routes.
(5) Provide for public health and safety and for the protection of the recreation area in the event of fire or infestation of insects or disease.
(6) Permit programmed timber harvest only in those management areas where timber harvest is specifically authorized by subsection (b) of this section. Timber management in these areas shall incorporate the use of strategies to reduce habitat fragmentation and employ silvicultural prescriptions designed to maintain or enhance biological diversity and wildlife habitats (such as retention of standing green trees, snags, and other coarse woody debris) by providing for a high level of structural and compositional diversity in managed stands.
(7) Permit removal of trees within streamside protection zones along those rivers and river segments specified in
(8) Consistent with applicable requirements of law, permit removal of trees in those management areas where timber harvest is not specifically authorized by subsection (b) of this section when necessary for human health and safety, to maintain trails or existing roads, for the development of recreation or other facilities, for the protection of the recreation area in the event of fire, or to improve fish and wildlife habitat. Timber damaged or down in these areas as a result of fire, insects, disease, blowdown or other natural events shall otherwise be retained in its natural condition, with removal permitted only upon a written determination by the Secretary, based upon written findings, that such removal is necessary to provide for or maintain or enhance biological and ecological diversity, without regard for the commodity value of the timber. Such a decision shall not be delegable by the Secretary but shall be subject to administrative appeal and judicial review.
(9) Provide for the long-term viability and presence of Port-Orford-cedar and ensure its continued present economic and noneconomic uses through implementation of management strategies developed by the Forest Service.
(10) Except where timber harvest is specifically authorized by subsection (b) of this section protect, preserve, and increase old growth forest habitat in the recreation area.
(11) Provide for the restoration of landscapes damaged by past human activity consistent with the purposes of this subchapter.
(12) Develop a monitoring program to consistently gather water quality, air quality, wildlife, and fisheries data from representative Smith River subwatersheds.
(13) Develop and implement a management plan to maintain, protect, and promote habitat for native resident trout species in the recreation area.
(14) Cooperate with other Federal, State, and local government agencies in coordinating planning efforts throughout the Smith River watershed.
(b) Management areas
(1) The recreation area shall contain eight management areas, as generally depicted on the map referred to in
(2) The Secretary shall administer each management area within the recreation area in accordance with the following:
(A) The management emphasis for the North Fork management area shall be on back-country and whitewater recreation, while recognizing unique botanic communities, outstanding whitewater, and historic and scenic values.
(B) The management emphasis for the Upper Middle Fork management area shall be on providing and maintaining ecologic and biologic diversity. Timber harvest shall be permitted, consistent with subsection (a)(6) of this section, only in existing plantations.
(C) The management emphasis for the Middle Fork-Highway 199 management area shall be on maintaining wildlife values and providing for a full range of recreation uses, with particular emphasis on the scenic and recreation values associated with the Smith River, old growth redwoods, and California State Highway 199.
(D) The management emphasis for the Upper South Fork management area shall be on wild river and roadless back-country recreation.
(E) The management emphasis for the Lower South Fork management area shall be on maintaining and protecting natural scenic values in the river canyon while providing for traditional and compatible river sports, including white water rafting, angling, sightseeing, and developed and dispersed recreation. Timber harvests based on uneven-aged management with extended rotations shall be allowed where consistent with protection of the scenic values of the recreation area.
(F) The management emphasis for the Lower Hurdygurdy Creek management area shall be on maintenance of wildlife values while providing rustic family and group recreation facilities for fishing, swimming, hunting, and camping. Timber harvests based on uneven-aged management with extended rotations shall be allowed where consistent with protection of scenic and wildlife values.
(G) The management emphasis for the prescribed timber management area shall be on providing a sustained yield of wood products while maintaining biological and ecological diversity.
(H) The management of the Siskiyou Wilderness management area shall be pursuant to the provisions of the Wilderness Act (
(c) Wild and scenic rivers
The river segments designated as wild and scenic rivers by the amendments made by section 10(b) of this Act shall be administered in accordance with this subchapter and the Wild and Scenic Rivers Act (
(
References in Text
The Wilderness Act (
Section 10(b) of this Act, referred to in subsec. (c), is section 10(b) of
The Wild and Scenic Rivers Act, referred to in subsec. (c), is
Section Referred to in Other Sections
This section is referred to in
§460bbb–4. Acquisition and disposal of lands and other property
(a) Acquisition
The Secretary is authorized to acquire by purchase, donation, exchange, or otherwise lands, waters, or interests therein (including scenic or other easements), and structures or other improvements thereon, within the boundaries of the recreation area as the Secretary determines appropriate for the purposes of this subchapter. In exercising this authority, the Secretary is directed to give prompt and careful consideration to any offer to sell, exchange, or otherwise dispose of such property made by an individual or organization. The Secretary shall not acquire any land or interest in land owned by the State of California or any of its political subdivisions within the recreation area except by donation or exchange. All lands acquired by the Secretary pursuant to this subchapter shall be subject to the laws and regulations pertaining to the National Forest System and this subchapter.
(b) Transfers to Del Norte County
(1) Upon the adoption of a resolution by the Board of Supervisors of the County of Del Norte, California, accepting title to the lands described in paragraph (2) and subject to the County of Del Norte bearing the cost of the survey of such lands, the Secretary shall transfer all right, title, and interest of the United States in and to the lands described in paragraph (2).
(2) The lands referred to in paragraph (1) are described as follows:
(A) Lands north of tract 37, T. 17 N., R. 3 E., H.M., containing 6 acres, more or less, and more particularly described as:
Commencing at the N.E. corner of tract 37, T. 17 N., R. 3 E., H.M.; thence, northerly on a line continuing the eastern boundary of said tract 37 to a point where it intersects the southern boundary of the easement for State highway conveyed to the State of California, Department of Transportation, on the 17th day of May 1977, and recorded on June 22, 1977 at book 206 of Official Records, page 256; thence, southwesterly along the southern boundary of said easement to the point where it intersects the northern boundary of said tract 37; thence, easterly along the northern boundary of said tract 37 to the point of beginning.
(B) Lands east of tract 37, T. 17 N., R. 3 E., H.M., containing 6 acres, more or less, and more particularly described as:
Commencing at a point on the eastern boundary of tract 37, T. 17 N., R. 3 E., H.M., lying 332 feet southerly of the N.E. corner of said tract 37; thence, due east to the high water line of the Middle Fork of the Smith River; thence, southwesterly along the high water line of the Middle Fork of the Smith River to its intersection with the northern boundary of tract 38, T. 17 N., R. 3 E.; thence, westerly along the northern boundary of said tract 38 to its intersection with said track 37; thence, northerly along the eastern boundary of said tract 37 to the point of beginning.
(c) Conditions of transfer
Transfer of the lands and interests described in subsection (b)(2) of this section shall be subject to the condition that all right, title, and interest therein shall revert to the United States if the county of Del Norte, California, attempts to transfer any portion of such lands to any other entity or person or if Del Norte County permits any portion of such lands to be used for any purpose incompatible with the purposes of this subchapter. The Secretary shall include in any document of conveyance whereby such lands are transferred to the county of Del Norte appropriate provisions to implement this subsection.
(d) Withdrawal
Subject to valid existing rights, all public lands within the recreation area are hereby withdrawn from entry, sale, or other disposition under the public land laws of the United States. This subsection shall not affect the exchange authorities of the Secretary.
(
References in Text
The public land laws, referred to in subsec. (d), are classified generally to Title 43, Public Lands.
§460bbb–5. Fish and game
Nothing in this subchapter shall be construed to affect the jurisdiction or responsibilities of the State of California with respect to fish and wildlife, including the regulation of hunting, fishing, and trapping on any lands managed by the Secretary under this subchapter, except that the Secretary may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of protecting nongame species and their habitats, 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 fish and wildlife agency of the State of California.
(
§460bbb–6. Minerals
(a) Withdrawal
Subject to valid existing rights, Federal lands within the exterior boundary of the recreation area are hereby withdrawn from all forms of location, entry, and patent under the United States mining laws and from disposition under the mineral leasing laws, including all laws pertaining to geothermal leasing.
(b) Patents
Patents may not be issued under the mining laws of the United States after November 16, 1990, for locations and claims made before November 16, 1990, on Federal lands located within the exterior boundaries of the recreation area.
(c) Administration
Subject to valid existing rights except for extraction of common variety minerals such as stone, sand, and gravel for use in construction and maintenance of roads and other facilities within the recreation area and the excluded areas, all other mineral development on federally owned lands within the recreation area is prohibited.
(d) Regulations
The Secretary is authorized and directed to issue supplementary regulations to promote and protect the purposes for which the recreation area is designated.
(
References in Text
The United States mining laws, referred to in subsecs. (a) and (b), are classified generally to Title 30, Mineral Lands and Mining.
The mineral leasing laws, referred to in subsec. (a), have been defined in
Geothermal leasing laws, referred to in subsec. (a), are classified principally to
§460bbb–7. Management planning
The Secretary shall revise the document entitled "Smith River National Recreation Area Management Plan" dated February 1990 to conform to the provisions of this subchapter, and such revised plan shall guide management of the recreation area and shall be incorporated in its entirety into the forest plan for the Six Rivers National Forest. This incorporation shall not be deemed a revision or amendment to the forest plan for purposes of the 1
(
Management
Section 10(c) of
1 So in original. Word "the" probably should not appear.
§460bbb–8. Streamside protection zones
(a) Three hundred foot zones
For each of the rivers and river segments specified in this subsection, there is hereby established a streamside protection zone in which timber harvesting shall be prohibited except as permitted by
(1) Rowdy Creek (from California-Oregon border to NRA boundary).
(2) Shelly Creek (from its headwaters to Patrick Creek).
(3) East Fork Patrick Creek (from its headwaters to Patrick Creek).
(4) West Fork Patrick Creek (from its headwaters to Patrick Creek).
(5) Little Jones Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(6) Patrick Creek (from the confluence of the East and West forks of Patrick Creek to the Middle Fork of the Smith River).
(7) Monkey Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).
(8) Hardscrabble Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).
(9) Quartz Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(10) Jones Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(11) Upper Hurdygurdy Creek (from its headwaters to Dry Lake).
(12) Gordon Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(13) Coon Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(14) Craigs Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(15) Goose Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(16) East Fork of Goose Creek (from its headwaters to its confluence with Goose Creek).
(17) Muzzleloader Creek (from its headwaters to its confluence with Jones Creek).
(18) Canthook Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(19) Rock Creek (from the NRA boundary to its confluence with the South Fork of the Smith River).
(20) Blackhawk Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(b) One-quarter mile zones
For each of the rivers and river segments specified in this subsection there is established a streamside protection zone in which timber harvesting shall be prohibited except as permitted in
(1) Main stem Smith (from the South Fork to the NRA boundary).
(2) Middle Fork Smith (from its headwaters to its confluence with the Middle Fork of the Smith River).
(3) Myrtle Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).
(4) Kelly Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).
(5) Packsaddle Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).
(6) Griffin Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).
(7) Knopti Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).
(8) North Fork of the Smith River (from the California/Oregon border to its confluence with the Middle Fork of the Smith River).
(9) Diamond Creek (from the California/Oregon border to its confluence with the North Fork of the Smith River).
(10) Bear Creek (from its headwaters to its confluence with Diamond Creek).
(11) Still Creek (from its headwaters to its confluence with the North Fork of the Smith River).
(12) North Fork of Diamond Creek (from the California/Oregon border to its confluence with Diamond Creek).
(13) High Plateau Creek (from its headwaters to its confluence with Diamond Creek).
(14) Stony Creek (from its headwaters to its confluence with the North Fork of the Smith River).
(15) Peridotite Creek (from its headwaters to its confluence with the North Fork of the Smith River).
(16) Siskiyou Fork, Smith River (from its headwaters to the Middle Fork of the Smith River).
(17) South Siskiyou Fork of the Smith River (from its headwaters to its confluence with the Siskiyou Fork of the Smith River).
(18) South Fork 1 Smith River (from its headwaters to its confluence with the Middle Fork of the Smith River).
(19) Williams Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(20) Eight Mile Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(21) Harrington Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(22) Prescott Fork of the Smith River (from its headwaters to its confluence with the South Fork of the Smith River).
(23) Buck Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(c) Lower Hurdygurdy Creek
For the Lower Hurdygurdy Creek (from Dry Lake to its confluence with the South Fork of the Smith River) there is established a streamside protection zone in which timber harvesting shall be prohibited except as permitted by
(d) Other restrictions on timber harvesting
The provisions of this section shall be in addition to, and not in lieu of, any restrictions on timber harvesting or other activities applicable to the streamside protection zones established by this section under any other applicable provision of this subchapter.
(
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by "of the".
§460bbb–9. State and local jurisdiction and assistance
(a) State and local jurisdiction
Nothing in this subchapter shall diminish, enlarge, or modify any right of the State of California or any political subdivision thereof, to exercise civil and criminal jurisdiction or to carry out State fish and game laws, rules, and regulations within the recreation area, or to tax persons, franchise, or private property on the lands and waters included in the recreation area, or to regulate the private lands within the recreation area.
(b) Cooperative agreements
The Secretary is authorized and encouraged to enter into cooperative agreements with the State of California or its political subdivisions for—
(1) the rendering on a reimbursable basis, of rescue, firefighting, and law enforcement services and cooperative assistance by nearby law enforcement and fire prevention agencies; and
(2) the planning for use, management, and development of non-Federal lands within the recreation area and elsewhere in the Smith River watershed in the furtherance of the purposes of this subchapter.
(c) Technical assistance
To enable the State of California and its political subdivisions to develop and implement programs compatible with the purposes of this subchapter, the Secretary, in consultation with the Secretaries of the Interior, Commerce, and Housing and Urban Development, shall consider upon request such technical assistance to the State and its political subdivisions as is necessary to fulfill the purposes of this section. Such assistance may include payments or grants, within existing programs, for technical aid and program development.
(d) Land information system
The Secretary of Agriculture shall assist the county of Del Norte in developing a land information system that will be compatible with the Forest Service and National Park Service systems for the Federal lands in Del Norte County and such non-Federal systems as may be appropriate and that will be made available to Federal and non-Federal entities for use in coordinating planning for the recreation area and other lands in the Smith River watershed.
(
§460bbb–10. Savings provision
(a) Activities on lands outside of recreation area
Nothing in this subchapter shall limit, restrict, or require specific management practices on lands outside the recreation area boundary. The fact that activities or uses outside the recreation area can be seen, heard, or otherwise perceived within the recreation area shall not, of itself, limit, restrict, or preclude such activities or uses up to the boundary of the recreation area.
(b) Prior rights
(1) Nothing in this subchapter shall limit, restrict, or preclude the implementation of valid timber sale contracts or other contracts or agreements executed by the Secretary before November 16, 1990.
(2) Except as specifically provided herein nothing in this subchapter shall be construed as diminishing or relinquishing any right, title, or interest of the United States in any lands, waters, or interests therein within the boundaries of the recreation area designated by this subchapter.
(c) Road easements
Nothing in this subchapter shall be construed as affecting the responsibilities of the State of California or any of its political subdivisions with respect to road easements, including maintenance and improvement of State Highway 199 and County Route 427.
(d) Rights of access
Existing rights provided by Federal law for access by private landowners across National Forest System lands shall not be affected by this subchapter.
(e) Entitlement moneys
Annually for the first two full fiscal years after November 16, 1990, the Secretary shall pay for use by units of local government within the recreation area an amount equal to the difference between the amounts payable for such purposes pursuant to the Act of May 23, 1908 (
(
References in Text
Act of May 23, 1908 (
§460bbb–11. Authorization of appropriations
There are authorized to be appropriated such funds as may be necessary to carry out this subchapter and the amendments made by this subchapter.
(
References in Text
This subchapter, referred to in text, was in the original "this Act", meaning
SUBCHAPTER CXIV—RED ROCK CANYON NATIONAL CONSERVATION AREA
§460ccc. Definitions
For the purposes of this subchapter, the term—
(a) "conservation area" means the Red Rock Canyon National Conservation Area established pursuant to
(b) "public lands" has the meaning stated in
(c) "Secretary" means the Secretary of the Interior.
(
Short Title
Section 1 of
§460ccc–1. Establishment
(a) In general
(1) In order to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the area in southern Nevada containing and surrounding the Red Rock Canyon and the unique and nationally important geologic, archeological, ecological, cultural, scenic, scientific, wildlife, riparian, wilderness, endangered species, and recreation resources of the public lands therein contained, there is established the Red Rock Canyon National Conservation Area.
(2) The conservation area shall consist of approximately 195,610 acres as generally depicted on a map entitled "Red Rock Canyon National Conservation Area—Proposed Expansion", numbered NV–RRCNCA–002, and dated July 1994.
(3) The map referred to in paragraph (2) shall be on file and available for inspection in the appropriate offices of the Bureau of Land Management, Department of the Interior.
(b) Legal description
(1) As soon as practicable after November 16, 1990, the Secretary shall file a legal description of the conservation area established by subsection (a) of this section with 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, and such legal description shall have the same force and effect as if included in this subchapter, except that the Secretary may correct clerical and typographic errors in 1 legal description.
(2) The legal description described in paragraph (1) shall be on file and available for public inspection in the office of the Director of the Bureau of Land Management, Department of the Interior.
(c) Discrepancies
In case of any discrepancy between or among the map described in subsection (a) of this section, the amount of acreage stated in subsection (a) of this section, or the legal description filed by the Secretary pursuant to subsection (b) of this section, the map described in subsection (a) of this section shall control any question concerning the boundaries of the conservation area.
(
Amendments
1994—Subsec. (a)(2).
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Potential Conservation Lands
Section 3 of
"(a)
"(b)
"(c)
"(2) For purposes of section 10(b) of the Red Rock Canyon National Conservation Area Establishment Act of 1990 [
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "in the".
§460ccc–2. Management
(a) In general
The Secretary, acting through the Director of the Bureau of Land Management, shall, subject to valid existing rights, manage the conservation area to conserve, protect, and enhance the resources described in
(b) Hunting
(1) Subject to paragraph (2), the Secretary shall permit hunting within the conservation area in accordance with the laws of the State of Nevada.
(2) The Secretary, after consultation with the Nevada Department of Wildlife, may issue regulations designating zones where and establishing when hunting shall not be permitted for reasons of public safety, administration, or public use and enjoyment.
(c) Preventive measures
Nothing in this subchapter shall preclude such measures as the Secretary deems necessary to prevent devastating fire or infestation of insects or disease within the conservation area.
(d) Mechanized vehicles
Except when needed for administrative or emergency purposes, the use of mechanized vehicles in the conservation area shall be allowed only on roads and trails specifically designated for such use as provided in the management plan prepared pursuant to
(e) Limits on visitation and use
The Secretary may limit visitation and use of the conservation area as the Secretary finds appropriate for the protection of the resources of the conservation area.
(
References in Text
The Federal Land Policy and Management Act of 1976, referred to in subsec. (a), is
§460ccc–3. Management plan
(a) In general
(1) No later than January 1, 1997, the Secretary shall develop and transmit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives, a general management plan for the conservation area, which shall describe the appropriate uses and development of the conservation area consistent with the purposes of this subchapter.
(2) The management plan described in paragraph (1) shall be developed with full public participation and shall include—
(A) an implementation plan for a continuing program of interpretation and public education about the resources and values of the conservation area;
(B) a proposal for administrative and public facilities to be developed, expanded, or improved for the conservation area including the Red Rock Canyon visitors center, to accommodate visitors to the conservation area;
(C) a cultural resources management plan for the conservation area prepared in consultation with the Nevada State Historic Preservation Officer, with emphasis on the preservation of the resources in the conservation area and the interpretive, educational, and long-term scientific uses of these resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 (
(D) a wildlife resource management plan for the conservation area prepared in consultation with appropriate departments of the State of Nevada and using previous studies of the area; and
(E) a recreation management plan, including nonmotorized dispersed recreation opportunities for the conservation area in consultation with appropriate departments of the State of Nevada.
(b) Wilderness study areas
Subject to
(
References in Text
The Archaeological Resources Protection Act of 1979, referred to in subsec. (a)(2)(C), is
The National Historic Preservation Act, referred to in subsec. (a)(2)(C), is
Section 5(a) of the National Forest and Public Lands of Nevada Enhancement Act of 1988, referred to in subsec. (b), is section 5(a) of
Amendments
1994—Subsec. (a)(1).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§460ccc–4. Acquisitions
(a) In general
(1) Within the conservation area, and subject to the provisions of this section, the Secretary is authorized to acquire lands, interests in lands, and associated water rights, by donation, purchase with donated or appropriated funds, exchange for Federal lands outside the conservation area, or transfer from another Federal agency with the concurrence of the head of the appropriate agency thereof.
(2) Lands or interests therein owned by the State of Nevada or a political subdivision thereof may be acquired by donation or exchange only.
(3) No privately owned lands, interests in lands, or associated water rights, 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 resource values for which the conservation area was established.
(4) Any lands, waters, or interests therein within the boundaries of the conservation area which after November 16, 1990, may be acquired by the United States shall be incorporated into the conservation area and be managed accordingly, and all provisions of this subchapter and other laws applicable to conservation areas shall apply to such incorporated lands.
(b) Land exchanges
All exchanges pursuant to subsection (a) of this section shall be made in a manner consistent with
(
§460ccc–5. Withdrawal; exchange of lands
(a) Except as specifically authorized in this subchapter, and subject to valid existing rights, all Federal lands within the conservation area and all lands and interests therein which are acquired by the United States after November 16, 1990, for inclusion in the conservation area are withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the mining laws, and from operation under the mineral leasing and geothermal leasing laws, and all amendments thereto.
(b) The Secretary may transfer to the owner of the Old Nevada recreation facility the approximately 20 acres of Federal lands within the conservation area which, on March 1, 1994, were used to provide parking for visitors to such facility, in exchange for lands of equal or greater value within the conservation area acceptable to the Secretary.
(
References in Text
The public land laws, referred to in subsec. (a), are classified generally to Title 43, Public Lands.
The mining laws, referred to in subsec. (a), are classified generally to Title 30, Mineral Lands and Mining.
Mineral leasing laws, referred to in subsec. (a), have been defined in
Geothermal leasing laws, referred to in subsec. (a), are classified principally to
Amendments
1994—
Section Referred to in Other Sections
This section is referred to in
§460ccc–6. Cooperative agreements
In order to encourage unified and cost-effective management and interpretation of natural and cultural resources in the conservation area, the Secretary is authorized and encouraged to enter into cooperative agreements with other Federal, State, and local agencies and nonprofit entities providing for the management and interpretation of natural and cultural resources in the conservation area.
(
§460ccc–7. Coordinated management
The Secretary shall coordinate the management of the conservation area with that of surrounding State and Federal lands in such a manner as best to meet the present and future needs of the American people.
(
§460ccc–8. Water
(a) Reservation of rights
Within the conservation area designated by this subchapter, there is hereby reserved a quantity of water sufficient to fulfill the purposes for which the conservation area is established.
(b) Priority date of reservation
The priority date of the water rights reserved in paragraph 1 (a) shall be November 16, 1990, except that as related to rights associated with lands added to the conservation area after November 16, 1990, the priority date shall be the date of enactment of the Act adding such lands to the conservation area.
(c) Protection of rights
The Secretary shall take all steps necessary to protect the water rights reserved by this section, including the filing of a claim for quantification of such rights in any appropriate water adjudication in the courts of the State of Nevada in which the United States is or may be joined and which is conducted in accordance with
(d) Effect on previously secured rights
The Federal water rights reserved by this subchapter shall be in addition to any water rights which may have been previously secured by the United States for purposes other than for the conservation area.
(e) Scope and construction of rights
The Federal water rights reserved by this subchapter are specific to the conservation area designated by this subchapter. Nothing in this subchapter shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation.
(
Amendments
1994—Subsec. (b).
1 So in original. Probably should be "subsection".
§460ccc–9. No buffer zones
The Congress does not intend for the establishment of the conservation area to lead to the creation of protective perimeters or buffer zones around the conservation area. The fact that there may be activities or uses on lands outside the conservation area that would not be permitted in the conservation area shall not preclude such activities or uses on such lands up to the boundary of the conservation area to the extent consistent with other applicable law.
(
§460ccc–10. Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subchapter.
(
SUBCHAPTER CXV—GILA BOX RIPARIAN NATIONAL CONSERVATION AREA
§460ddd. Establishment
(a) In general
In order to conserve, protect, and enhance the riparian and associated areas described in subsection (b) of this section and the aquatic, wildlife, archeological, paleontological, scientific, cultural, recreational, educational, scenic, and other resources and values of such areas, there is hereby established the Gila Box Riparian National Conservation Area (hereafter in this subchapter referred to as the "conservation area").
(b) Areas included
The conservation area shall consist of the public lands generally depicted on a map entitled "Gila Box Riparian National Conservation Area" dated February 1990, and comprising approximately 20,900 acres.
(c) Map
As soon as practicable after November 28, 1990, a map and legal description of the conservation area shall be filed by the Secretary with the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. Such map shall have the same force and effect as if included in this section. Copies of such map shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, Department of the Interior, and in the appropriate office of the Bureau of Land Management in Arizona.
(d) Management of conservation area
(1) The Secretary shall manage the conservation area in a manner that conserves, protects and enhances its resources and values, including the resources and values specified in subsection (a) of this section, pursuant to the Federal Land Policy and Management Act of 1976 [
(2) The Secretary shall allow only such uses of the conservation area as the Secretary finds will further the purposes for which the conservation area is established. Except where needed for administrative purposes or to respond to an emergency, use of motorized vehicles in the conservation area shall be permitted only on roads specifically designated for such use as part of the management plan prepared pursuant to subsection (g) of this section.
(e) Withdrawal
Subject to valid existing rights, all Federal lands within the conservation area are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; 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.
(f) Water
(1) Congress hereby reserves a quantity of water sufficient to fulfill the purposes, as specified in subsection (a) of this section, for which the conservation area is established. The priority date of this reserved right shall be November 28, 1990.
(2) The Secretary and all other officers of the United States shall take all steps necessary to protect the right reserved by paragraph (1), including the filing by the Secretary of a claim for the quantification of such right in any present or future appropriate stream adjudication in the courts of the State of Arizona in which the United States is or may be joined and which is conducted in accordance with
(3) Nothing in this subchapter shall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of Arizona on or before November 28, 1990.
(4) The Federal rights reserved by this subchapter are specific to the conservation area located in the State of Arizona designated by this subchapter. Nothing in this subchapter related to reserved Federal water rights shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation made pursuant thereto.
(5) Nothing in this subchapter shall be construed to impair or conflict with the implementation of the authorization contained in
(g) Management plan
(1) No later than two years after November 28, 1990, the Secretary shall develop a comprehensive plan for the long-term management of the conservation area (hereinafter in this subchapter referred to as the "management plan") in order to fulfill the purposes for which the conservation area is established. The management plan shall be developed with full public participation and shall include provisions designed to assure protection of the resources and values (including the resources and values specified in subsection (a) of this section) of the conservation area.
(2) The management plan shall include a discussion of the desirability of the inclusion in the conservation area of additional lands, including the lands not in Federal ownership that are contiguous to the boundary of the conservation area (as depicted on the map referenced in subsection (b) of this section or as hereafter adjusted pursuant to subsection (h) of this section) and within the area extending two miles on either side of the centerline of Eagle Creek from the point where Eagle Creek crosses the southern boundary of the Apache National Forest to the confluence of Eagle Creek with the Gila River (this area is hereafter referred to in this subchapter as the "Eagle Creek riparian area").
(3) In order to better implement the management plan, the Secretary may enter into cooperative agreements with appropriate State and local agencies pursuant to section 307(b) of the Federal Land Policy and Management Act of 1976 [
(4) In order to assist in the development and implementation of the management plan, the Secretary may authorize appropriate research, including research concerning the environmental, biological, hydrological, cultural, and other characteristics, resources, and values of the conservation area, pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 [
(h) Acquisition and boundary adjustments
(1) Subject to the limitations set forth in paragraph (3), the Secretary is authorized to acquire non-Federal lands or interests therein within the boundaries of the conservation area or within the Eagle Creek riparian area.
(2) The Secretary is authorized to adjust the boundaries of the conservation area so as to incorporate within the conservation area any lands or interests within the Eagle Creek riparian area that may be acquired after November 28, 1990, as well as public lands within that portion of the Eagle Creek riparian area west of the centerline of Eagle Creek that the Secretary finds appropriate in order to properly manage such acquired lands as part of the conservation area. Any lands or interests so incorporated shall be managed as part of the conservation area.
(3) No lands or interests therein owned by the State of Arizona or any political subdivision of such State shall be acquired pursuant to this subsection except through donation or exchange, and no lands or interests within the conservation area or the Eagle Creek riparian area shall be acquired from any other party or entity except by donation, exchange, or purchase with the consent of the owner of such lands or interests.
(i) No buffer zones
The Congress does not intend for the establishment of the conservation area to lead to the creation of protective perimeters or buffer zones around the conservation area. The fact that there may be activities or uses on lands outside the conservation area that would not be permitted in the conservation area shall not preclude such activities or uses on such lands up to the boundary of the conservation area to the extent consistent with other applicable law.
(j) Advisory committee
The Secretary shall establish an advisory committee to advise the Secretary with respect to the preparation and implementation of the management plan. Such advisory committee shall consist of seven members appointed by the Secretary. One member shall be appointed from among recommendations submitted by the Governor of Arizona, one member shall be appointed from among recommendations submitted by the Graham County Board of Supervisors and one member shall be appointed from among recommendations submitted by the Greenlee County Board of Supervisors. The remaining members shall be persons recognized as experts in wildlife conservation, riparian ecology, archeology, paleontology, or other disciplines directly related to the purposes for which the conservation area is established.
(k) Report
No later than five years after November 28, 1990, and at least each ten years thereafter, the Secretary shall report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate on the implementation of this subchapter, the condition of the resources and values of the conservation area, and the progress of the Secretary in achieving the purposes for which the conservation area is established.
(l) Enforcement
Any person who violates any regulation promulgated by the Secretary to implement the provisions of this subchapter shall be subject to a fine in accordance with applicable provisions of the Sentencing Reform Act of 1984, or imprisonment of not more than 1 year, or both such fine and imprisonment.
(m) Authorization
There are hereby authorized to be appropriated such sums as may be necessary to implement the provisions of this subchapter.
(
References in Text
The Federal Land Policy and Management Act of 1976, referred to in subsec. (d)(1), is
The public land laws, referred to in subsec. (e), are classified generally to Title 43.
The United States mining laws, referred to in subsec. (e), are classified generally to Title 30, Mineral Lands and Mining.
Mineral leasing laws, referred to in subsec. (e), have been defined in
Geothermal leasing laws, referred to in subsec. (e), are classified principally to
The Sentencing Reform Act of 1984, referred to in subsec. (l), is chapter II (§§211–239) of
Amendments
1994—Subsecs. (c), (k).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Short Title
Section 1 of
Termination of Advisory Committees
Advisory committees 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 committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
SUBCHAPTER CXVI—LAKE MEREDITH NATIONAL RECREATION AREA
§460eee. Establishment
(a) In general
In order to provide for public outdoor recreation use and enjoyment of the lands and waters associated with Lake Meredith in the State of Texas, and to protect the scenic, scientific, cultural, and other values contributing to the public enjoyment of such lands and waters, there is hereby established the Lake Meredith National Recreation Area (hereafter in this Act referred to as the "recreation area").
(b) Area included
The recreation area shall consist of the lands, waters, and interests therein within the area generally depicted on the map entitled "Lake Meredith National Recreation Area Boundary Map, 'Fee-Take Line' ", numbered SWRO—80,023–A, and dated September 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 (hereafter in this Act referred to as the "Secretary") may from time to time make minor revisions in the boundary of the recreation area.
(c) Transfer
(1) Except as provided in paragraph (2), the Federal lands, waters, and interests therein within the recreation area are hereby transferred to the National Park Service.
(2) Those lands depicted on the map referred to in subsection (b) of this section that are necessary for the continued operation, maintenance, and replacement of the Canadian River Project facilities and its purposes of providing for municipal and industrial water supply and flood control shall remain under the jurisdiction of the Bureau of Reclamation.
(
References in Text
This Act, referred to in subsecs. (a) and (b), is
Section Referred to in Other Sections
This section is referred to in
§460eee–1. Administration
(a) In general
The Secretary shall administer the recreation area in accordance with this Act and the provisions of law generally applicable to units of the national park system, including
(b) Operation of Canadian River Project
Nothing in this Act shall be construed to affect or interfere with the authority of the Secretary under the Act of December 29, 1950 (
(c) Land acquisition
Within the boundary of the recreation area, the Secretary may acquire lands and interests in lands by purchase with donated or appropriated funds, exchange, or transfer without reimbursement from any Federal agency.
(d) Cultural resources
The Secretary shall conduct a survey of the cultural resources in the immediate vicinity of the recreation area. The Secretary is authorized to enter into cooperative agreements with public or private entities, including landowners, for the purpose of conducting the survey required by this subsection. Not later than three years after the date on which funds have been made available, the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the results of the survey required by this subsection.
(e) Hunting and fishing
(1) The Secretary shall permit hunting and fishing on lands and waters under the Secretary's jurisdiction within the recreation area in accordance with applicable Federal and State law. The Secretary may designate zones where, and establish periods when, hunting or fishing will not be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment.
(2) Except in emergencies any regulations issued by the Secretary under this subsection shall be put into effect only after consultation with the appropriate State agencies responsible for hunting and fishing activities.
(f) Cooperative agreements
For purposes of administering the recreation area, the Secretary may enter into cooperative agreements with any Federal agency, the State of Texas, or any political subdivision thereof, including the Canadian River Municipal Water Authority, for the rendering, on a reimbursable basis, of rescue, firefighting, law enforcement, fire preventive assistance, and other needs. The Secretary may enter into a cooperative agreement with the city of Fritch, Texas, to develop and operate a joint venture information center. Federal funds may be expended on non-Federal lands and improvements through cooperative agreements for the purpose of this section on a 50–50 matching basis.
(
References in Text
This Act, referred to in subsecs. (a) and (b), is
Act of December 29, 1950, referred to in subsec. (b), is act Dec. 29, 1950, ch. 1183,
Amendments
1994—Subsec. (d).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§460eee–2. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of
(
SUBCHAPTER CXVII—AMISTAD NATIONAL RECREATION AREA
§460fff . Establishment
(a) In order to—
(1) provide for public outdoor recreation use and enjoyment of the lands and waters associated with the United States portion of the reservoir known as Lake Amistad, located on the boundary between the State of Texas and Mexico, and
(2) protect the scenic, scientific, cultural, and other value contributing to the public enjoyment of such lands and waters,
there is hereby established the Amistad National Recreation Area (hereafter in this section and
(b) The recreation area shall consist of the Federal lands, waters, and interests therein within the area generally depicted on the map entitled "Boundary Map, Proposed Amistad National Recreation Area", numbered 621/20,013–B, and dated July 1969. 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 (hereafter in this Act referred to as the "Secretary") may from time to time make minor revisions in the boundary of the recreation area, but the total acreage of the recreation area may not exceed 58,500 acres. Within the boundary of the recreation area, the Secretary may acquire lands and interests in lands by purchase with donated or appropriated funds, exchange, or transfer without reimbursement from any Federal agency.
(
References in Text
This Act, referred to in subsec. (b), is
Section Referred to in Other Sections
This section is referred to in
§460fff–1 . Administration
(a) In general
The Secretary shall administer the recreation area in accordance with applicable provisions of this Act and the provisions of law generally applicable to units of the national park system, including
(b) Compliance with treaties and other commitments or agreements
The administration of the recreation area by the Secretary shall be subject to and in accordance with all applicable treaties, including the treaty between the United States and Mexico relating to the utilization of waters of the Colorado and Tijuana Rivers and the Rio Grande, entered into force November 8, 1945 (
(1) the demarcation and maintenance of boundaries;
(2) the use, storage, and furnishing of water;
(3) control of floods;
(4) investigations relative to the operation of the Amistad Dam; and
(5) the production of hydroelectric energy.
(c) Survey of cultural resources; report to Congress
The Secretary shall conduct a survey of the cultural resources in the immediate vicinity of the recreation area. The Secretary is authorized to enter into cooperative agreements with public or private entities, including landowners, for the purpose of conducting the survey required by this subsection. Not later than two years after November 28, 1990, the Secretary shall submit a report to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the results of the survey required by this subsection.
(d) Hunting and fishing
(1) The Secretary shall permit hunting and fishing on lands and waters under the Secretary's jurisdiction within the recreation area in accordance with applicable Federal and State law. The Secretary may designate zones where, and establish periods when, hunting or fishing will not be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment.
(2) Except in emergencies any regulations issued by the Secretary under this subsection shall be put into effect only after consultation with the appropriate State agencies responsible for hunting and fishing activities.
(e) Rescue, firefighting, and law enforcement assistance
For purposes of administering the recreation area, the Secretary may enter into cooperative agreements with any Federal agency, the State of Texas, or any political subdivision thereof, for the rendering, on a reimbursable basis, of rescue, firefighting, and law enforcement and fire preventive assistance.
(
References in Text
This Act, referred to in subsec. (a), is
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
1 So in original. Closing parenthesis probably should follow "1219".
§460fff–2 . Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of
(
SUBCHAPTER CXVIII—ED JENKINS NATIONAL RECREATION AREA AND COOSA BALD NATIONAL SCENIC AREA
§460ggg . Wilderness
(a) Designation
In furtherance of the purposes of the Wilderness Act (
(1) Certain lands in the Chattahoochee National Forest, Georgia, which comprise approximately 7,800 acres, as generally depicted on a map entitled "Blood Mountain Wilderness—Proposed", dated October 1991, and which shall be known as Blood Mountain Wilderness.
(2) Certain lands in the Chattahoochee National Forest, Georgia, which comprise approximately 16,880 acres, as generally depicted on a map entitled "Chattahoochee Headwaters Wilderness—Proposed", dated July 1991, and which shall be known as Mark Trail Wilderness.
(3) Certain lands in the Chattahoochee National Forest, Georgia, which comprise approximately 1,160 acres, as generally depicted on a map entitled "Brasstown Wilderness Addition—Proposed", dated July 1991, and which is hereby incorporated in and shall be part of the Brasstown Wilderness as designated by section 2(2) of the Georgia Wilderness Act of 1986 (
(b) Administration
Subject to valid existing rights, each wilderness area designated by this subchapter shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act [
(
References in Text
The Wilderness Act, referred to in text, is
Section 2(2) of the Georgia Wilderness Act of 1986, referred to in subsec. (a)(3), is section 2(2) of
The effective date of the Wilderness Act, referred to in subsec. (b), means Sept. 3, 1964, the date of enactment of
Short Title
Section 1 of
Savings Provision
Section 6 of
Redesignation of National Recreation Area
"SECTION 1. REDESIGNATION.
"Springer Mountain National Recreation Area in the Chattahoochee National Forest, in the State of Georgia, is hereby redesignated as 'Ed Jenkins National Recreation Area'.
"SEC. 2. LEGAL REFERENCES.
"Any reference in any law, regulation, document, record, map, or other paper of the United States to Springer Mountain National Recreation Area is deemed to be a reference to Ed Jenkins National Recreation Area."
§460ggg–1 . National scenic area
(a) Designation and purposes
For the purposes of protecting and enhancing the natural beauty, special ecological features, watershed integrity, mature-forest habitat, scenic recreation opportunities and other distinctive values of certain lands in Georgia, the lands in the Chattahoochee National Forest, Georgia, which comprise approximately 7,100 acres, as generally depicted on a map entitled "Coosa Bald Scenic Area—Proposed", dated July 1991, are designated as a national scenic area and shall be known as the Coosa Bald National Scenic Area (hereafter in this section referred to as the "scenic area").
(b) Administration
(1) Subject to valid existing rights, the Secretary shall administer the scenic area in accordance with the laws, rules, and regulations applicable to the National Forest System in such a way as to further the purposes of this section.
(2) The Secretary may permit additional road construction in the scenic area in furtherance of the purposes for which the scenic area is established. Except as provided in this section, the Secretary may not conduct timber harvesting in the scenic area. The Secretary may remove timber in the scenic area in furtherance of this section, but only in a manner which does not impair the purposes for which the scenic area is established. Salvage or sanitation harvesting of timber stands which are substantially damaged by fire, windthrow or other catastrophe, or are in imminent danger from insect or disease attack, is authorized to maintain forest health. Timber harvesting is authorized to provide for visitor safety.
(3) By virtue of this designation alone, the Secretary need not change patterns of public access or closure on existing permanent national forest development roads. At his discretion, however, the Secretary may open or close such existing roads for public use for reasons of sound resource management.
(4) Nothing in this section shall prevent the completion of existing timber sales under contract.
(5) The scenic area is hereby withdrawn from the operation of all laws pertaining to mineral leasing.
(6) The Secretary may also permit, in his discretion, the continued maintenance of existing wildlife openings, in cooperation with the State of Georgia and other Federal, State, and private cooperators, and may permit new wildlife openings in furtherance of the purposes for which the scenic area is established.
(7) The Secretary shall protect, enhance, and promote the public's opportunities for primitive and semiprimitive experiences in the scenic area.
(
References in Text
Laws pertaining to mineral leasing, referred to in subsec. (b)(5), have been defined in
§460ggg–2 . Recreation area
(a) Designation and purposes
For the purposes of ensuring the protection of certain natural, scenic, fish and wildlife, historic and archaeological, wildland and watershed values, and providing for the enhancement of the recreation opportunities associated with these values, certain lands in the Chattahoochee National Forest, Georgia, which comprise approximately 23,330 acres, as generally depicted on a map entitled "Springer Mountain National Recreation Area—Proposed", dated October 1991, are hereby designated as a national recreation area and shall be known as Ed Jenkins National Recreation Area (hereafter in this section referred to as the "recreation area").
(b) Administration
(1) Subject to valid existing rights, the Secretary shall administer the recreation area in accordance with the laws, rules, and regulations applicable to the national forests in such a way as to further the purposes of this section. Except as provided in this section, the Secretary may not conduct timber harvesting in the recreation area. The Secretary may remove timber in the recreation area in furtherance of this section, but only in a manner which does not impair the purposes for which the recreation area is established. Salvage or sanitation harvesting of timber stands which are substantially damaged by fire, windthrow or other catastrophe, or are in imminent danger from insect or disease attack, is authorized to maintain forest health. Timber harvesting is authorized to provide for visitor safety.
(2) Nothing in this section shall prevent the completion of existing timber sales under contract. The Secretary may permit additional road construction in the area in furtherance of the purposes for which the recreation area is established.
(3) By virtue of the designation under this section, the Secretary need not change patterns of public access or closure on existing permanent national forest development roads. At his discretion, however, the Secretary may open or close such existing roads to public use for reasons of sound resource management.
(4) Lands within the recreation area are hereby withdrawn from the operation of all laws pertaining to mineral leasing.
(5) The Secretary may permit, in his discretion, the continued maintenance of existing wildlife openings, in cooperation with the State of Georgia and other Federal, State, and private cooperators, and may permit new wildlife openings in furtherance of the purposes for which the recreation area is established.
(6) The Secretary shall protect, enhance, and promote the public's opportunities for primitive and semiprimitive recreation in the recreation area.
(7) Designation by this section shall not interfere with rights of access to privately held lands.
(
References in Text
Laws pertaining to mineral leasing, referred to in subsec. (b)(4), have been defined in
Amendments
1992—Subsec. (a).
§460ggg–3 . Maps and legal descriptions
As soon as practicable after December 11, 1991, the Secretary of Agriculture shall file a map and a legal description of each area designated by this subchapter with the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and with the Committee on Agriculture, Nutrition, and Forestry of the Senate. Each 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 each 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.
(
Amendments
1994—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
SUBCHAPTER CXIX—SPRING MOUNTAINS NATIONAL RECREATION AREA
§460hhh . Definitions
As used in this subchapter:
(1) National Forest lands
The term "National Forest lands" means lands included in the National Forest System (as defined in
(2) Recreation Area
The term "Recreation Area" means the Spring Mountains National Recreation Area established by this subchapter.
(3) Secretary
The term "Secretary" means the Secretary of Agriculture.
(
Short Title
Section 1 of
§460hhh–1 . Purposes
The purposes of this subchapter are to—
(1) preserve scenic, scientific, historic, cultural, natural, wilderness, watershed, riparian, wildlife, threatened and endangered species, and other values contributing to public enjoyment and biological diversity in the Spring Mountains of Nevada;
(2) ensure appropriate conservation and management of natural and recreation resources in the Spring Mountains; and
(3) provide for the development of public recreation opportunities in the Spring Mountains for the enjoyment of present and future generations.
(
§460hhh–2 . Establishment
(a) In general
Subject to valid existing rights, there is established the Spring Mountains National Recreation Area in Nevada.
(b) Boundaries and map
The Recreation Area shall consist of approximately 316,000 acres of federally owned lands and interests therein in the Toiyabe National Forest, as generally depicted on a map entitled "Spring Mountain National Recreation Area—Proposed", numbered NV–CH, and dated August 2, 1992.
(c) Map filing
As soon as practicable after August 4, 1993, the Secretary shall file a map of the Recreation Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
(d) Public inspection
The map shall be on file and available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture.
(e) Discrepancies
In the case of any discrepancy between or among the acreage referred to in subsection (b) of this section and the map described in subsection (b) of this section, the map described in subsection (b) of this section shall control any question concerning the boundaries of the Recreation Area.
(
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460hhh–3 . Management
(a) In general
The Secretary, acting through the Chief of the Forest Service, shall manage the Recreation Area in accordance with the laws, rules, and regulations pertaining to the National Forest System and this subchapter to provide for—
(1) the conservation of scenic, scientific, historic, cultural, and other values contributing to public enjoyment;
(2) the conservation of fish and wildlife populations and habitat, including the use of prescribed fire to improve or maintain 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) public outdoor recreation benefits, including, but not limited to, hunting, fishing, trapping, hiking, horseback riding, backpacking, rock climbing, camping, and nature study;
(5) wilderness areas as designated by Congress; and
(6) the management and use of natural resources in a manner compatible with the purposes for which the Recreation Area is established.
(b) Hunting, trapping, and fishing
(1) In general
Subject to paragraph (2), the Secretary shall permit hunting, trapping, fishing, and habitat management within the Recreation Area in accordance with the laws of the United States and the State of Nevada.
(2) Exceptions
The Secretary, in consultation with the Nevada Department of Wildlife, may designate zones where and periods when hunting, trapping, or fishing shall not be permitted for reasons of public safety, administration, or public use and enjoyment.
(c) Grazing
The grazing of livestock on Federal lands may be permitted to continue pursuant to Federal law and subject to such reasonable regulations, policies, and practices as the Secretary considers necessary.
(d) Preventive measures
Nothing in this subchapter shall preclude such reasonable measures as the Secretary considers necessary to protect the land and resources from fire or insect or disease infestation in the Recreation Area.
(
§460hhh–4 . Management plan
(a) In general
(1) Procedures
Not later than 3 full fiscal years after August 4, 1993, the Secretary shall develop a general management plan for the Recreation Area as an amendment to the Toiyabe National Forest Land and Resource Management Plan. Such an amendment shall reflect the establishment of the Recreation Area and be consistent with the provisions of this subchapter, except that nothing in this subchapter shall require the Secretary to revise the Toiyabe National Forest Land and Resource Management Plan pursuant to
(2) Contents
The management plan described in paragraph (1) shall be developed with full public participation and shall include—
(A) implementation plans for a continuing program of interpretation and public education about the resources and values of the Recreation Area;
(B) proposals for public facilities to be developed, expanded, or improved for the Recreation Area, including one or more visitor centers to accommodate both local and out-of-State visitors;
(C) plans for the management of natural and cultural resources in the Recreation Area, with emphasis on the preservation and long-term scientific use of archaeological resources, with priority in development given to the enforcement of the Archaeological Resources Protection Act of 1979 (
(D) wildlife and fish resource management plans for the Recreation Area prepared in consultation with appropriate departments of the State of Nevada and using other available studies of the Recreation Area;
(E) recreation management plans for the Recreation Area in consultation with appropriate departments of the State of Nevada;
(F) wild horse and burro herd management plans for the Recreation Area prepared in consultation with appropriate departments and commissions of the State of Nevada; and
(G) an inventory of all lands within the Recreation Area not presently managed as National Forest lands that will permit the Secretary to evaluate possible future acquisitions.
(3) Consultation
The plans for the management of natural and cultural resources described in paragraph (2)(C) shall be prepared in consultation with the Advisory Council on Historic Preservation established by title II of the National Historic Preservation Act (
(b) Wilderness study areas
(1) Recommendations
The general management plan for the Recreation Area shall include the recommendations of the Bureau of Land Management as to the suitability or nonsuitability for preservation as wilderness those lands within the Recreation Area identified as the Mt. Stirling, La Madre Mountains, and Pine Creek Wilderness Study Areas on the Bureau of Land Management Wilderness Status Map, dated March 1990.
(2) Management
Pending submission of a recommendation and until otherwise directed by Act of Congress, the Secretary, acting through the Chief of the Forest Service, shall manage the lands and waters within the wilderness study areas referred to in paragraph (1) so as to maintain their potential for inclusion within the National Wilderness Preservation System.
(
References in Text
The Archaeological Resources Protection Act of 1979, referred to in subsec. (a)(2)(C), is
The National Historic Preservation Act, referred to in subsec. (a)(2)(C) and (3), is
1 So in original. Probably should be capitalized.
§460hhh–5 . Acquisition of lands
(a) In general
The Secretary is authorized to acquire lands and interests therein within the boundaries of the Recreation Area by donation, purchase with donated or appropriated funds, exchange, or transfer from another Federal agency, except that such lands or interests owned by the State of Nevada or a political subdivision thereof may be acquired only by donation or exchange.
(b) Incorporation of acquired lands
Any lands, waters, or interests in lands or interests therein located within the Recreation Area that are acquired by the United States or administratively transferred to the Secretary after August 4, 1993, shall be incorporated into the Recreation Area and managed in accordance with the laws, rules, and regulations applicable to the National Forest System and the provisions of this subchapter.
(c) Land and Water Conservation Fund
For purposes of
(
§460hhh–6 . Withdrawal
(a) In general
Subject to valid existing rights and except for lands described in subsection (b) of this section, all Federal lands within the Recreation Area are withdrawn from—
(1) all forms of entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation under the mineral leasing and geothermal leasing laws.
(b) Exception
The lands referred to in subsection (a) of this section are described as follows:
W½E½ and W½, Sec. 27, T23S, R58E, Mt. Diablo Meridian.
(
References in Text
The public land laws, referred to in subsec. (a)(1), are classified generally to Title 43, Public Lands.
The mining laws, referred to in subsec. (a)(2), are classified generally to Title 30, Mineral Lands and Mining.
Mineral leasing laws, referred to in subsec. (a)(3), have been defined in
Geothermal leasing laws, referred to in subsec. (a)(3), are classified principally to
§460hhh–7 . Cooperative agreements
In order to encourage unified and cost-effective management and interpretation of natural and cultural resources in southern Nevada, the Secretary may enter into cooperative agreements with other Federal, State, and local agencies, and with nonprofit entities, that provide for the management and interpretation of natural and cultural resources.
(
§460hhh–8 . Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(
SUBCHAPTER CXX—SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA
§460iii . Findings
The Congress finds the following:
(1) The public lands managed by the Bureau of Land Management in the State of Idaho within the Snake River Birds of Prey Area contain one of the densest known nesting populations of eagles, falcons, owls, hawks, and other birds of prey (raptors) in North America.
(2) These public lands constitute a valuable national biological and educational resource since birds of prey are important components of the ecosystem and indicators of environmental quality, and contribute significantly to the quality of wildlife and human communities.
(3) These public lands also contain important historic and cultural resources (including significant archaeological resources) as well as other resources and values, all of which should be protected and appropriately managed.
(4) A military training area within the Snake River Birds of Prey Area, known as the Orchard Training Area, has been used since 1953 by reserve components of the Armed Forces. Military use of this area is currently governed by a Memorandum of Understanding between the Bureau of Land Management and the State of Idaho Military Division, dated May 1985. Operating under this Memorandum of Understanding, the Idaho National Guard has provided valuable assistance to the Bureau of Land Management with respect to fire control and other aspects of management of the Orchard Training Area and the other lands in the Snake River Birds of Prey Area. Military use of the lands within the Orchard Training Area should continue in accordance with such Memorandum of Understanding (or extension or renewal thereof), to the extent consistent with
(5) Protection of the conservation area as a home for raptors can best and should be accomplished by the Secretary of the Interior, acting through the Bureau of Land Management, under a management plan that—
(A) emphasizes management, protection, and rehabilitation of habitat for these raptors and of other resources and values of the area;
(B) provides for continued military use, consistent with the requirements of
(C) addresses the need for public educational and interpretive opportunities;
(D) allows for diverse appropriate uses of lands in the area to the extent consistent with the maintenance and enhancement of raptor populations and habitats and protection and sound management of other resources and values of the area; and
(E) demonstrates management practices and techniques that may be useful to other areas of the public lands and elsewhere.
(6) There exists near the conservation area a facility, the World Center for Birds of Prey operated by The Peregrine Fund, Inc., where research, public education, recovery, and reestablishment operations exist for endangered raptor species. There also exists at Boise State University a raptor study program which attracts national and international graduate and undergraduate students.
(7) The Bureau of Land Management and Boise State University, together with other State, Federal, and private entities, have formed the Raptor Research and Technical Assistance Center to be housed at Boise State University, which provides a unique adjunct to the conservation area for raptor management, recovery, research, and public visitation, interpretation, and education.
(8) Consistent with requirements of
(9) Additional authority and guidance must be provided to assure that essential raptor habitat remains in public ownership, to facilitate sound and effective planning and management, to provide for effective public interpretation and education, to ensure continued study of the relationship of humans and these raptors, to preserve the unique and irreplaceable habitat of the conservation area, and to conserve and properly manage the other natural resources of the area in concert with maintenance of this habitat.
(10) An ongoing research program funded by the Bureau of Land Management and the National Guard is intended to provide information to be used in connection with future decisionmaking concerning management of all uses, including continued military use, of public lands within the Snake River Birds of Prey Area.
(11) Public lands in the Snake River Birds of Prey Area have been used for domestic livestock grazing for more than a century, with resultant benefits to community stability and contributions to the local and State economies. It has not been demonstrated that continuation of this use would be incompatible with appropriate protection and sound management of raptor habitat and the other resource values of these lands; therefore, subject to the determination provided for in
(12) Hydroelectric facilities for the generation and transmission of electricity exist within the Snake River Birds of Prey Area pursuant to a license(s) issued by the Federal Energy Regulatory Commission, or its predecessor, the Federal Power Commission.
(
§460iii–1. Definitions
As used in this subchapter:
(1) The term "Secretary" means the Secretary of the Interior.
(2) The term "conservation area" means the Snake River Birds of Prey National Conservation Area established by
(3) The term "raptor" or "raptors" means individuals or populations of eagles, falcons, owls, hawks, and other birds of prey.
(4) The term "raptor habitat" includes the habitat of the raptor prey base as well as the nesting and hunting habitat of raptors within the conservation area.
(5) The term "Memorandum of Understanding" means the Memorandum of Understanding #ID–237, dated May 1985, between the State of Idaho Military Division and the Bureau of Land Management.
(6) The term "Orchard Training Area" means that area generally so depicted on the map referred to in
(7) The term "Impact Area" means that area which was used for the firing of live artillery projectiles and is used for live fire ranges of all types and, therefore, poses a danger to public safety and which is generally so depicted on the map referred to in
(8) The term "Artillery Impact Area" means that area within the Impact Area into which live projectiles are fired, which is generally described as that area labeled as such on the map referred to in
(9) The term "the plan" means the comprehensive management plan developed for the conservation area, dated August 30, 1985, together with such revisions thereto as may be required in order to implement this subchapter.
(10) The term "hydroelectric facilities" means all facilities related to the generation, transmission, and distribution of hydroelectric power and which are subject to, and authorized by, a license(s), and any and all amendments thereto, issued by the Federal Energy Regulatory Commission.
(
§460iii–2. Establishment
(a) In general
(1) There is hereby established the Snake River Birds of Prey National Conservation Area (hereafter referred to as the "conservation area").
(2) The purposes for which the conservation area is established, and shall be managed, are to provide for the conservation, protection, and enhancement of raptor populations and habitats and the natural and environmental resources and values associated therewith, and of the scientific, cultural, and educational resources and values of the public lands in the conservation area.
(3) Subject to the provisions of subsection (d) of this section and
(b) Area included
The conservation area shall consist of approximately 482,457 acres of federally owned lands and interests therein managed by the Bureau of Land Management as generally depicted on the map entitled "Snake River Birds of Prey National Conservation Area", dated November 1991.
(c) Map and legal description
As soon as is practicable after August 4, 1993, the map referred to in subsection (b) of this section and a legal description of the conservation area shall be filed by the Secretary with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Each such map 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 map and legal description. Each such map shall be on file and available for public inspection in the office of the Director and the Idaho State Director of the Bureau of Land Management of the Department of the Interior.
(d) Withdrawals
Subject to valid existing rights, the Federal lands within the conservation area are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; and from entry, application, and selection under the Act of March 3, 1877 (Ch. 107,
(
References in Text
The public land laws, referred to in subsec. (d), are classified generally to Title 43, Public Lands.
Act of March 3, 1877, referred to in subsec. (d), is act Mar. 3, 1877, ch. 107,
Act of July 3, 1890, referred to in subsec. (d), is not classified to the Code.
The general 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
Geothermal leasing laws, referred to in subsec. (d), are classified principally to
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§460iii–3. Management and use
(a) In general
(1)(A) Within 1 year after August 4, 1993, the Secretary shall make any revisions in the existing management plan for the conservation area as necessary to assure its conformance with this subchapter, and no later than January 1, 1996, shall finalize a new management plan for the conservation area.
(B) Thereafter, the Secretary shall review the plan at least once every 5 years and shall make such revisions as may be necessary or appropriate.
(C) In reviewing and revising the plan, the Secretary shall provide for appropriate public participation.
(2) Except as otherwise specifically provided in
(b) Management guidance
After each review pursuant to subsection (a) of this section, the Secretary shall make such revisions as may be needed so that the plan and management program to implement the plan include, in addition to any other necessary or appropriate provisions, provisions for—
(1) protection for the raptor populations and habitats and the scientific, cultural, and educational resources and values of the public lands in the conservation area;
(2) identifying levels of continued military use of the Orchard Training Area compatible with paragraph (1) of this subsection;
(3) public use of the conservation area consistent with the purposes of this subchapter;
(4) interpretive and educational opportunities for the public;
(5) a program for continued scientific investigation and study to provide information to support sound management in accordance with this subchapter, to advance knowledge of raptor species and the resources and values of the conservation area, and to provide a process for transferring to other areas of the public lands and elsewhere this knowledge and management experience;
(6) such vegetative enhancement and other measures as may be necessary to restore or enhance prey habitat;
(7) the identification of levels, types, timing, and terms and conditions for the allowable nonmilitary uses of lands within the conservation area that will be compatible with the protection, maintenance, and enhancement of raptor populations and habitats and the other purposes for which the conservation area is established; and
(8) assessing the desirability of imposing appropriate fees for public uses (including, but not limited to, recreational use) of lands in the conservation area, which are not now subject to fees, to be used to further the purposes for which the conservation area is established.
(c) Visitors center
The Secretary, acting through the Director of the Bureau of Land Management, is authorized to establish, in cooperation with other public or private entities as the Secretary may deem appropriate, a visitors center designed to interpret the history and the geological, ecological, natural, cultural, and other resources of the conservation area and the biology of the raptors and their relationships to man.
(d) Visitors use of area
In addition to the Visitors 1 Center 1, the Secretary may provide for visitor use of the public lands in the conservation area to such extent and in such manner as the Secretary considers consistent with the protection of raptors and raptor habitat, public safety, and the purposes for which the conservation area is established. To the extent practicable, the Secretary shall make available to visitors and other members of the public a map of the conservation area and such other educational and interpretive materials as may be appropriate.
(e) National Guard use of area
(1) Pending completion of the ongoing research concerning military use of lands in the conservation area, or until the date 5 years after August 4, 1993, whichever is the shorter period, the Secretary shall permit continued military use of those portions of the conservation area known as the Orchard Training Area in accordance with the Memorandum of Understanding, to the extent consistent with the use levels identified pursuant to subsection (b)(2) of this section.
(2) Upon completion of the ongoing research concerning military use of lands in the conservation area, the Secretary shall review the management plan and make such additional revisions therein as may be required to assure that it meets the requirements of this subchapter.
(3) Upon completion of the ongoing research concerning military use of lands in the conservation area, the Secretary shall submit to the Committees on Natural Resources and Merchant Marine and Fisheries of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report of the results of such research.
(4) Nothing in this subchapter shall preclude minor adjustment of the boundaries of the Orchard Training Area in accordance with provisions of the Memorandum of Understanding.
(5) After completion of the ongoing research concerning military use of lands in the Orchard Training Area or after the date 5 years after August 4, 1993, whichever first occurs, the Secretary shall continue to permit military use of such lands, unless the Secretary, on the basis of such research, determines such use is not compatible with the purposes set forth in
(6) In accordance with the Memorandum of Understanding, the Secretary shall require the State of Idaho Military Division to insure that military units involved maintain a program of decontamination.
(7) Nothing in this subchapter shall be construed as by itself precluding the extension or renewal of the Memorandum of Understanding, or the construction of any improvements or buildings in the Orchard Training Area so long as the requirements of this subsection are met.
(f) Livestock grazing
(1) So long as the Secretary determines that domestic livestock grazing is compatible with the purposes for which the conservation area is established, the Secretary shall permit such use of public lands within the conservation area, to the extent such use of such lands is compatible with such purposes. Determinations as to compatibility shall be made in connection with the initial revision of management plans for the conservation area and in connection with each plan review required by subsection (a)(1)(B) of this section.
(2) Any livestock grazing on public lands within the conservation area, and activities the Secretary determines necessary to carry out proper and practical grazing management programs on such lands (such as animal damage control activities) shall be managed in accordance with the Act of June 28, 1934 (
(g) Cooperative agreements
The Secretary is authorized to provide technical assistance to, and to enter into such cooperative agreements and contracts with, the State of Idaho and with local governments and private entities as the Secretary deems necessary or desirable to carry out the purposes and policies of this subchapter.
(h) Agricultural practices
Nothing in this subchapter shall be construed as constituting a grant of authority to the Secretary to restrict recognized agricultural practices or other activities on private land adjacent to or within the conservation area boundary.
(i) Hydroelectric facilities
Notwithstanding any provision of this subchapter, or regulations and management plans undertaken pursuant to its provisions, the Federal Energy Regulatory Commission shall retain its current jurisdiction concerning all aspects of the continued and future operation of hydroelectric facilities, licensed or relicensed under the Federal Power Act (
(
References in Text
Act of June 28, 1934, referred to in subsec. (f), is act June 28, 1934, ch. 865,
The Federal Power Act, referred to in subsec. (i), is act June 10, 1920, ch. 285,
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction given primarily to Committee on Transportation and Infrastructure of House of Representatives, and remainder of jurisdiction given to Committees on National Security and on Resources of House of Representatives, by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should not be capitalized.
§460iii–4. Additions
(a) Acquisitions
(1) The Secretary is authorized to acquire lands and interests therein within the boundaries of the conservation area by donation, purchase with donated or appropriated funds, exchange, or transfer from another Federal agency, except that such lands or interests owned by the State of Idaho or a political subdivision thereof may be acquired only by donation or exchange.
(2) Any lands located within the boundaries of the conservation area that are acquired by the United States on or after August 4, 1993, shall become a part of the conservation area and shall be subject to this subchapter.
(b) Purchase of lands
In addition to the authority in
(c) Land exchanges
The Secretary shall, within 4 years after August 4, 1993, study, identify, and initiate voluntary land exchanges which would resolve ownership related land use conflicts within the conservation area.
(
References in Text
1 See References in Text note below.
§460iii–5. Other laws and administrative provisions
(a) Other laws
(1) Nothing in this subchapter shall be construed to supersede, limit, or otherwise affect administration and enforcement of the Endangered Species Act of 1973 (
(2) Except as otherwise specifically provided in this subchapter, nothing in this subchapter shall be construed as limiting the applicability to lands in the conservation area of laws applicable to public lands generally, including but not limited to the National Historic Preservation Act [
(3) Nothing in this subchapter shall be construed as by itself altering the status of any lands that on August 4, 1993, were not managed by the Bureau of Land Management.
(4) Nothing in this subchapter shall be construed as prohibiting the Secretary from engaging qualified persons to use public lands within the conservation area for the propagation of plants (including seeds) to be used for vegetative enhancement of the conservation area in accordance with the plan and in furtherance of the purposes for which the conservation area is established.
(b) Release
The Congress finds and directs that the public lands within the Snake River Birds of Prey Natural Area established as a natural area in October 1971 by Public Land Order 5133 have been adequately studied and found unsuitable for wilderness designation pursuant to
(c) Existing administrative withdrawal terminated
Public Land Orders 5133 dated October 12, 1971, and 5777 dated November 21, 1980, issued by the Secretary are hereby revoked subject to subsections (d)(3) and (d)(4) of this section.
(d) Water
(1) The Congress finds that the United States is currently a party in an adjudication of rights to waters of the Snake River, including water rights claimed by the United States on the basis of the reservation of lands for purposes of conservation of fish and wildlife and that consequently there is no need for this subchapter to effect a reservation by the United States of rights with respect to such waters in order to fulfill the purposes for which the conservation area is established.
(2) Nothing in this subchapter or any action taken pursuant thereto shall constitute either an expressed or implied reservation of water or water rights for any purpose.
(3) Nothing in this subchapter shall be construed as effecting a relinquishment or reduction of any of the water rights held or claimed by the United States within the State of Idaho or elsewhere on or before August 4, 1993.
(4) The Secretary and all other officers of the United States shall take all steps necessary to protect all water rights claimed by the United States in the Snake River adjudication now pending in the district court of the State of Idaho in which the United States is joined under
(
References in Text
The Endangered Species Act of 1973, referred to in subsec. (a)(1), is
The National Trails System Act, referred to in subsec. (a)(1), is
The National Historic Preservation Act, referred to in subsec. (a)(2), is
The Archaeological Resources Protection Act of 1979, referred to in subsec. (a)(2), is
The Native American Graves Protection and Repatriation Act, referred to in subsec. (a)(2), is
§460iii–6. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(
SUBCHAPTER CXXI—JEMEZ NATIONAL RECREATIONAL AREA
§460jjj. Establishment
(a) In general
In order to conserve, protect, and restore the recreational, ecological, cultural, religious, and wildlife resource values of the Jemez Mountains, there is hereby established the Jemez National Recreational Area (hereinafter in this subchapter referred to as the "recreation area"), to be administered by the Secretary of Agriculture (hereinafter in this subchapter referred to as the "Secretary").
(b) Area included
The recreation area shall be comprised of approximately 57,000 acres of lands and interests in lands within the Santa Fe National Forest as generally depicted on the map entitled "Jemez National Recreation Area—Proposed" and dated September 1992. The map shall be on file and available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture, Washington, District of Columbia. The Secretary may from time to time, in consultation with local tribal leaders, make minor revisions in the boundary of the recreation area to promote management effectiveness and efficiency in furtherance of the purposes of this subchapter.
(c) Map and description
As soon as practicable after October 12, 1993, the Secretary shall file a map and legal description of the recreation area with the Committee on Natural Resources of the House of Representatives and with the Committee on Energy and Natural Resources and the Committee on Indian Affairs of the Senate. Such map and legal description shall have the same force and effect as if included in this subchapter, except that correction of clerical and typographical errors in such legal description and map may be made. Such 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) No additional lands
No lands or interests therein outside of the boundaries of the recreation area may be added to the recreation area without specific authorization by Congress.
(
Amendments
1994—Subsec. (c).
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§460jjj–1. Administration
(a) In general
The Secretary shall administer the recreation area in accordance with this subchapter and the laws, rules, and regulations applicable to National Forest System lands in a manner that will further the purposes of the recreation area. Management of the natural resources within the recreation area shall be permitted only to the extent that such management is compatible with and does not impair the purposes for which the recreation area is established. Recreational activities within the recreation area shall include (but not be limited to) hiking, camping, hunting, fishing, skiing, backpacking, rock climbing, and swimming.
(b) Management plan
The Secretary shall, no later than 5 years after October 12, 1993, develop a management plan for the recreation area, as an amendment to the Santa Fe National Forest Land and Resource Management Plan, to reflect the establishment of the recreation area and to conform to the provisions of this subchapter. Nothing in this subchapter shall require the Secretary to revise the Santa Fe Forest Land and Resource Management Plan pursuant to
(c) Cultural resources
In administering the recreation area, the Secretary shall give particular emphasis to the preservation, stabilization, and protection of cultural resources located within the recreation area in furtherance of the Archaeological Resources Protection Act of 1979 [
(d) Native Americans
(1) In recognition of the historic use of portions of the recreation area by Indian peoples for traditional cultural and customary uses, the Secretary shall, subject to the provisions of subsection (n) of this section in consultation with local tribal leaders, ensure the protection of religious and cultural sites and provide access from time to time to those sites by Indian peoples for traditional cultural and customary uses. Such access shall be consistent with the purpose and intent of the Act of August 11, 1978 [
(2) In preparing and implementing management plans for the recreation area, the Secretary shall request that the Governor of the Pueblo of Jemez and the chief executive officers of other appropriate Indian tribes and pueblos make recommendations on methods of—
(A) assuring access to religious and cultural sites;
(B) enhancing the privacy and continuity of traditional cultural and religious activities in the recreation area; and
(C) protecting traditional cultural and religious sites in the recreation area.
(e) Wildlife resources
In administering the recreation area, the Secretary shall give particular emphasis to the conservation and protection of wildlife resources, including species listed as sensitive by the Forest Service, within the recreation area and shall comply with applicable Federal and State laws relating to wildlife, including the Endangered Species Act of 1973 [
(f) Hunting
The Secretary shall permit hunting and fishing on lands and waters under the jurisdiction of the Secretary within the recreation area in accordance with applicable Federal and State law.
(g) Timber harvesting
The Secretary may permit timber harvesting in the recreation area for commercial purposes, including (but not limited to) vigas, latillas, the gathering of fuelwood, and for purposes of public safety, recreation, wildlife, and administration, insofar as the harvesting is compatible with the purposes of the recreation area. Trees damaged or downed due to fire, disease, or insect infestation may be utilized, salvaged, or removed from the recreation area as authorized by the Secretary in furtherance of the purposes of this subchapter. Nothing in this subchapter shall be construed to affect the timber sales under contract on October 12, 1993. Nothing in this subchapter shall be construed to effect the Los Griegos timber sale in the Los Griegos Diversity Unit number 0322 as shown on the West Half Diversity Unit map of the Santa Fe National Forest dated November 1991; except that the Secretary shall manage such sale using uneven aged management including the individual tree selection method.
(h) Grazing
The Secretary may permit grazing within the recreation area in accordance with regulations prescribed by the Secretary. Riparian areas shall be managed in such a manner as to protect their important resource values.
(i) Transportation plan
(1) Within 1 year after October 12, 1993, the Secretary shall prepare a transportation plan that provides for the most efficient use of roads and trails to accomplish the purposes of this subchapter. The plan shall provide for a comprehensive trails system that provides for dispersed recreation while minimizing impact on significant archaeological and religious sites.
(2) The Secretary shall construct, maintain, and close roads within the recreation area after consultation with local tribal leaders and only in accordance with such plan.
(j) Recreational facilities
The Secretary shall provide for recreational facilities within the recreation area. Such facilities shall be constructed so as to minimize impacts on the scenic beauty, the natural character, and the archaeological and religious sites of the recreation area.
(k) Visitor facilities
The Secretary shall establish a visitor center and interpretive facilities in or near the recreation area for the purpose of providing for education relating to the interpretation of cultural and natural resources of the recreation area.
(l) Power transmission lines
In accordance with Federal and State laws and regulations, the Secretary may permit a utility corridor for high power electric transmission lines within the recreation area only when the Secretary determines that—
(1) there is not a feasible alternative for the location of such corridor;
(2) damage to the recreational and scenic quality and to the archaeological and religious sites of the recreation area will not be significant;
(3) it is in the public interest that such corridor be located in the recreation area; and
(4) a plan to minimize harm to the resources of the recreation area has been developed.
(m) Scientific investigations
The Secretary may permit scientific investigations within the recreation area upon the Secretary's determination that such investigations are in the public interest and are compatible with the purposes of this subchapter.
(n) Resource protection
The Secretary may designate zones where, and establish periods when, any activity otherwise permitted in the recreation area will not be permitted for reasons of public safety, administration, fish and wildlife management, protection of archaeological or cultural resources, or public use and enjoyment. Except in emergencies such designations by the Secretary shall be put into effect only after consultation with the appropriate State agencies, appropriate tribal leaders, and other affected parties.
(
References in Text
The Archaeological Resources Protection Act of 1979, referred to in subsec. (c), is
The National Historic Preservation Act, referred to in subsec. (c), is
The Endangered Species Act of 1973, referred to in subsec. (e), is
§460jjj–2. Minerals and mining
(a) Limitation on patent issuance
(1) Notwithstanding any other provision of law, no patents shall be issued after May 30, 1991, for any location or claim made in the recreation area under the mining laws of the United States.
(2) Notwithstanding any statute of limitations or similar restriction otherwise applicable, any party claiming to have been deprived of any property right by enactment of paragraph (1) may file in the United States Claims Court 1 a claim against the United States within 1 year after October 12, 1993, seeking compensation for such property right. The United States Claims Court 1 shall have jurisdiction to render judgment upon any such claim in accordance with
(b) Withdrawal
Subject to valid existing rights, after October 12, 1993, lands within the recreation area withdrawn from location under the general mining laws and from the operation of the mineral leasing, geothermal leasing, and mineral material disposal laws.
(c) Reclamation
No mining activity involving any surface disturbance of lands or waters within such area, including disturbance through subsidence, shall be permitted except in accordance with requirements imposed by the Secretary, including requirements for reasonable reclamation of disturbed lands to a visual and hydrological condition as close as practical to their premining condition.
(d) Mining claim validity review
The Secretary of Agriculture shall undertake and complete within 3 years after October 12, 1993, an expedited program to examine all unpatented mining claims, including those for which a patent application has been filed, within the recreation area. Upon determination by the Secretary of Agriculture that the elements of a contest are present, the Secretary of the Interior shall immediately determine the validity of such claims. If a claim is determined to be invalid, the Secretary shall promptly declare the claim to be null and void.
(e) Public purposes
The Secretary may utilize mineral materials from within the recreation area for public purposes such as maintenance and construction of roads, trails, and facilities as long as such use is compatible with the purposes of the recreation area.
(
References in Text
The mining laws of the United States and the general mining laws, referred to in subsecs. (a)(1) and (b), are classified generally to Title 30, Mineral Lands and Mining.
Mineral leasing laws, referred to in subsec. (b), have been defined in
Geothermal leasing laws, referred to in subsec. (b), are classified principally to
Change of Name
References to United States Claims Court deemed to refer to United States Court of Federal Claims, see section 902(b) of
1 See Change of Name note below.
§460jjj–3. Adjoining lands
The Secretary may evaluate lands adjoining the recreation area for possible inclusion in the recreation area and make recommendations to Congress, including (but not limited to) that area authorized for study by section 5 of
(
References in Text
§460jjj–4. Acquisition of land
(a) State land
Land and interests in land within the boundaries of the recreation area that are owned by the State of New Mexico, or a political subdivision of New Mexico, may be acquired only by donation or exchange.
(b) Offers to sell
(1) In general
Subject to paragraph (2), the Secretary may acquire land and interests in land within the boundaries of the recreation area by donation, purchase with donated or appropriated funds, or exchange.
(2) Limitation
The Secretary may not acquire lands within the recreation area without the consent of the owner thereof unless the Secretary has determined that such lands will be put to a use different from their use as of October 12, 1993, and that such new use would be incompatible with the protection of the natural and cultural resources of the recreation area.
(
§460jjj–5. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter.