[USC02] 16 USC CHAPTER 1, SUBCHAPTER LIX-Y, Part B: Joshua Tree National Park
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16 USC CHAPTER 1, SUBCHAPTER LIX-Y, Part B: Joshua Tree National Park
From Title 16—CONSERVATIONCHAPTER 1—NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORESSUBCHAPTER LIX-Y—CALIFORNIA DESERT LANDS PARKS, PRESERVE, AND OFF-HIGHWAY VEHICLE RECREATION AREAS

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 [16 U.S.C. 1131 et seq.].

(Pub. L. 103–433, title IV, §401, Oct. 31, 1994, 108 Stat. 4487.)

References in Text

The Wilderness Act, referred to in par. (5), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (§1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.

§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.

(Pub. L. 103–433, title IV, §402, Oct. 31, 1994, 108 Stat. 4488.)

Boundary Adjustment and Administration, Joshua Tree National Park

Pub. L. 116–9, title I, §1433(a)–(d), Mar. 12, 2019, 133 Stat. 700, provided that:

"(a) Boundary Adjustment.—The boundary of the Joshua Tree National Park is adjusted to include—

"(1) the approximately 2,879 acres of land managed by the Bureau of Land Management that are depicted as 'BLM Proposed Boundary Addition' on the map entitled 'Joshua Tree National Park Proposed Boundary Additions', numbered 156/149,375, and dated November 1, 2018; and

"(2) the approximately 1,639 acres of land that are depicted as 'MDLT Proposed Boundary Addition' on the map entitled 'Joshua Tree National Park Proposed Boundary Additions', numbered 156/149,375, and dated November 1, 2018.

"(b) Availability of Maps.—The map described in subsection (a) and the map depicting the 25 acres described in subsection (c)(2) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

"(c) Administration.—

"(1) In general.—The Secretary shall administer any land added to the Joshua Tree National Park under subsection (a) and the additional land described in paragraph (2)—

"(A) as part of Joshua Tree National Park; and

"(B) in accordance with applicable laws (including regulations).

"(2) Description of additional land.—The additional land referred to in paragraph (1) is the 25 acres of land—

"(A) depicted on the map entitled 'Joshua Tree National Park Boundary Adjustment Map', numbered 156/80,049, and dated April 1, 2003;

"(B) added to Joshua Tree National Park by the notice of the Department of the Interior of August 28, 2003 (68 Fed. Reg. 51799); and

"(C) more particularly described as lots 26, 27, 28, 33, and 34 in sec. 34, T. 1 N., R. 8 E., San Bernardino Meridian.

"(d) Southern California Edison Company Energy Transport Facilities and Rights-of-way.—

"(1) In general.—Nothing in this section affects any valid right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized energy transport facility activities in a right-of-way issued, granted, or permitted to the Southern California Edison Company or the successors or assigns of the Southern California Edison Company that is located on land described in paragraphs (1) and (2) of subsection (a), including, at a minimum, the use of mechanized vehicles, helicopters, or other aerial devices.

"(2) Upgrades and replacements.—Nothing in this section prohibits the upgrading or replacement of—

"(A) Southern California Edison Company energy transport facilities, including the energy transport facilities referred to as the Jellystone, Burnt Mountain, Whitehorn, Allegra, and Utah distribution circuits rights-of-way; or

"(B) an energy transport facility in rights-of-way issued, granted, or permitted by the Secretary adjacent to Southern California Edison Joshua Tree Utility Facilities.

"(3) Publication of plans.—Not later than the date that is 1 year after the date of enactment of this Act [Mar. 12, 2019] or the issuance of a new energy transport facility right-of-way within the Joshua Tree National Park, whichever is earlier, the Secretary, in consultation with the Southern California Edison Company, shall publish plans for regular and emergency access by the Southern California Edison Company to the rights-of-way of the Southern California Edison Company within Joshua Tree National Park."

[For definition of "Secretary" as used in section §1433(a)–(d) of Pub. L. 116–9, set out above, see section 1401 of Pub. L. 116–9, set out as a Definitions note under section 410aaa–7 of this title.]

§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 section 410aaa–22 of this title, without consideration, to the administrative jurisdiction of the National Park Service for administration as part of the National Park System. The boundaries of the park shall be adjusted accordingly. The Secretary shall administer the areas added to the park by this part in accordance with the provisions of law generally applicable to units of the National Park System, including the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4).1

(Pub. L. 103–433, title IV, §403, Oct. 31, 1994, 108 Stat. 4488.)

References in Text

The Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

1 See References in Text note below.

§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.

(Pub. L. 103–433, title IV, §404, Oct. 31, 1994, 108 Stat. 4488.)

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.

(Pub. L. 103–433, title IV, §405, Oct. 31, 1994, 108 Stat. 4488.)

§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 (43 U.S.C. 617–619b), which is located on lands included in the Joshua Tree National Park, but outside lands designated as wilderness under section 601(a)(2). Such activities shall be conducted in a manner which will minimize the impact on park resources. Nothing in this part shall have the effect of terminating the fee title to lands or customary operation, maintenance, repair, and replacement activities on or under such lands granted to the Metropolitan Water District pursuant to the Act of June 18, 1932 (47 Stat. 324), which are located on lands included in the Joshua Tree National Park, but outside lands designated as wilderness under section 601(a)(2). Such activities shall be conducted in a manner which will minimize the impact on park resources. The Secretary shall prepare within one hundred and eighty days after October 31, 1994, in consultation with the Metropolitan Water District, plans for emergency access by the Metropolitan Water District to its lands and rights-of-way.

(Pub. L. 103–433, title IV, §406, Oct. 31, 1994, 108 Stat. 4488.)

References in Text

The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified generally to subchapter I (§617 et seq.) of chapter 12A of Title 43, Public Lands. For complete classification of this Act to the Code, see section 617t of Title 43 and Tables.

Section 601(a)(2), referred to in text, is section 601(a)(2) of Pub. L. 103–433, which enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title.

Act of June 18, 1932 (47 Stat. 324), referred to in text, is not classified to the Code.

§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.

(Pub. L. 103–433, title IV, §407, Oct. 31, 1994, 108 Stat. 4489.)

References in Text

The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

§410aaa–28. Visitor center

(a) In general

The Secretary may acquire not more than 5 acres of land and interests in land, and improvements on the land and interests, outside the boundaries of the park, in the unincorporated village of Joshua Tree, for the purpose of operating a visitor center.

(b) Boundary

The Secretary shall modify the boundary of the park to include the land acquired under this section as a noncontiguous parcel.

(c) Administration

Land and facilities acquired under this section—

(1) may include the property owned (as of March 12, 2019) by the Joshua Tree National Park Association and commonly referred to as the "Joshua Tree National Park Visitor Center";

(2) shall be administered by the Secretary as part of the park; and

(3) may be acquired only with the consent of the owner, by donation, purchase with donated or appropriated funds, or exchange.

(Pub. L. 103–433, title IV, §408, as added Pub. L. 116–9, title I, §1433(e), Mar. 12, 2019, 133 Stat. 701.)

"Secretary" Defined

Section 103 of Pub. L. 103–433 provided in part that in this subchapter "Secretary" means the Secretary of the Interior.