Omnibus Public Lands Management Act of 2009

TITLE 16—CONSERVATION
Chap.

28.
29.
30.
31.
32.
32A.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
44A.
44B.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
56A.
57.
57A.
57B.
58.
59.
59A.
60.
61.
62.
62A.
63.
64.
65.
66.
67.

Sec.

Wild and Scenic Rivers ......................
Water Bank Program for Wetlands
Preservation .....................................
Wild Horses and Burros: Protection, Management, and Control ...
Marine Mammal Protection .............
Marine Sanctuaries ............................
Regional Marine Research Programs ..................................................
Coastal Zone Management ................
Rural Environmental Conservation
Program [Repealed] ........................
Endangered Species ...........................
Forest and Rangeland Renewable
Resources Planning ........................
Youth Conservation Corps and
Public Lands Corps .........................
Fishery Conservation and Management ....................................................
Mining Activity Within National
Park System Areas ..........................
Soil and Water Resources Conservation ............................................
Cooperative Forestry Assistance ....
Emergency Conservation Program
Public Transportation Programs
for National Park System Areas ..
Antarctic Conservation .....................
Antarctic Marine Living Resources
Convention ........................................
Antarctic Mineral Resources Protection .................................................
Urban Park and Recreation Recovery Program ......................................
Public Utility Regulatory Policies ..
Small
Hydroelectric
Power
Projects ..............................................
National Aquaculture Policy, Planning, and Development ..................
Fish and Wildlife Conservation .......
Chesapeake Bay Research Coordination [Omitted] ..............................
Alaska National Interest Lands
Conservation .....................................
Salmon and Steelhead Conservation and Enhancement ...................
Control of Illegally Taken Fish and
Wildlife ...............................................
Resource Conservation ......................
Coastal Barrier Resources ................
North Atlantic Salmon Fishing .......
Pacific Salmon Fishing ......................
National Fish and Wildlife Foundation ......................................................
Partnerships for Wildlife ..................
Partners for Fish and Wildlife .........
Erodible Land and Wetland Conservation and Reserve Program ..
Wetlands Resources ............................
Wetlands ................................................
Fish and Seafood Promotion ............
Interjurisdictional Fisheries ............
African Elephant Conservation .......
Asian Elephant Conservation ..........
Federal Cave Resources Protection
North American Wetlands Conservation ............................................
International Forestry Cooperation
Take Pride in America Program .....
Aquatic Nuisance Prevention and
Control ...............................................

1271

Chap.

68.

1301
1331
1361
1431
1447
1451
1501
1531
1600
1701
1801
1901
2001
2101
2201
2301
2401
2431
2461

69.
70.
71.
71A.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
81A.
82.
83.
84.
85.
86.

2501
2601

87.

2701

88.

2801
2901

89.
90.

3001

91.

3101

92.

3701
3741
3771
3801
3901
3951
4001
4101
4201
4261
4301
4401
4501
4601
4701

Sec.

Pacific Yew Conservation and
Management [Omitted or Repealed] ................................................
Wild Exotic Bird Conservation ........
North Pacific Anadromous Stocks
Convention ........................................
Atlantic Coastal Fisheries Cooperative Management .............................
Atlantic Striped Bass Conservation
Recreational Hunting Safety ...........
Rhinoceros and Tiger Conservation ......................................................
National Maritime Heritage .............
High Seas Fishing Compliance ........
Northwest Atlantic Fisheries Convention ...............................................
Yukon River Salmon ..........................
National Natural Resources Conservation Foundation .....................
National Park Service Management ....................................................
Neotropical Migratory Bird Conservation ............................................
User Fees Under Forest System
Recreation Residence Program ...
National Forest Organizational
Camp Fee Improvement ................
Great Ape Conservation ....................
Coral Reef Conservation ...................
Healthy Forest Restoration ..............
Marine Turtle Conservation .............
Southwest Forest Health and Wildfire Prevention .................................
Federal Lands Recreation Enhancement .........................................
Western and Central Pacific Fisheries Convention ..............................
Pacific Whiting ....................................
Secure Rural Schools and Community Self-Determination .................
National Landscape Conservation
System ................................................
Forest Landscape Restoration .........

4801
4901
5001
5101
5151
5201
5301
5401
5501
5601
5701
5801
5901
6101
6201
6231
6301
6401
6501
6601
6701
6801
6901
7001
7101
7201
7301

CHAPTER 1—NATIONAL PARKS, MILITARY
PARKS, MONUMENTS, AND SEASHORES

3301
3371
3401
3501
3601
3631

Page 2

SUBCHAPTER I—NATIONAL PARK SERVICE
Sec.

1.
1a.
1a–1.
1a–2.
1a–3.

1a–4.
1a–5.
1a–6.
1a–7.
1a–7a.
1a–7b.
1a–8.

Service created; director; other employees.
Repealed.
National Park System: administration;
declaration of findings and purpose.
Secretary of the Interior’s authorization
of activities.
Legislative jurisdiction; relinquishment
by Secretary; submittal of proposed
agreement to Congressional committees; concurrent legislative jurisdiction.
Uniform allowance.
Additional areas for National Park System.
Law enforcement personnel within National Park System.
National Park System development program.
National Park System crime prevention
assistance.
Protecting Americans from violent
crime.
Maintenance management system.

Page 3

TITLE 16—CONSERVATION

Sec.

1a–9.
1a–10.
1a–11.
1a–12.
1a–13.
1a–14.
1b.
1c.
1d.
1e.
1f.
1g.
1h.
1i.
1j.
2.
3.
3a.
3b.
4.
5.
6.
6a, 7.
7a.
7b.
7c.
7d.
7e.
8.
8–1.
8a.
8b.

8c.
8d.
8e.
8f.
9.
9a.
10, 10a.
11.
12.
13.

Sec.

Periodic review of National Park System.
Consultation with affected agencies and
organizations.
Contents of report.
Evaluation
of
proposed
boundary
changes.
Proposals for boundary changes.
National Park System advisory committees.
Secretary of the Interior’s authorization
of additional activities; administration
of National Park System.
General administration provisions; system defined; particular areas.
Appropriations.
National Capital region arts and cultural
affairs; grant program.
Challenge cost-share agreement authority.
Cooperative agreements.
Sums provided by private entities for
utility services.
Reimbursable agreements.
Cooperative agreements for national
park natural resource protection.
National parks, reservations, and monuments; supervision.
Rules and regulations of national parks,
reservations, and monuments; timber;
leases.
Recovery of costs associated with special
use permits.
Maintenance and repair of Government
improvements under concession contracts.
Rights-of-way through public lands.
Rights-of-way through parks or reservations for power and communications
facilities.
Donations of lands within national parks
and monuments and moneys.
Repealed.
Airports in national parks, monuments
and recreation areas; construction, etc.
Acquisition of lands for airport use; contracts for operation and maintenance.
Authorization
to
sponsor
airport
projects; use of funds.
Jurisdiction over airports; public operation.
Definitions.
Roads and trails in national parks and
monuments; construction, etc.
Repealed.
National-park approach roads; designation.
National-park approach roads and roads
and trails within national parks and
national monuments; construction,
improvement, and maintenance; appropriation.
National-park approach roads across or
within national forests; approval of
Secretary of Agriculture.
National-monument approach roads.
Conveyance to States of roads leading to
certain historical areas; conditions; jurisdiction.
Roads leading to certain historical
areas; ‘‘State’’ defined.
Repealed.
Government of parks, etc.; violation of
regulations as misdemeanor.
Repealed.
Medical attention for employees.
Aid to visitors in emergencies.
Medical attention to employees at isolated places; removal of bodies for burial.

14.
14a.

Repealed.
Appropriations; availability for printing
information and signs.
14b.
Credits of receipts for meals and quarters furnished Government employees
in the field.
14c.
Availability for expense of recording donated lands.
14d.
Use of funds for law enforcement and
emergencies.
14e.
Contribution for annuity benefits.
15.
Appropriations for purchase of equipment; waterproof footwear.
16.
Central warehouses at parks and monuments; maintenance; purchase of supplies and materials; distribution.
17.
Personal equipment and supplies for employees; purchase by Secretary of the
Interior; deductions from moneys due
employees.
17a.
Repealed.
17b.
Services or other accommodations for
public; contracts; rates.
17b–1.
Repealed.
17c.
Procurement of supplies, materials, and
special services to aid permittees and
licensees in emergencies; authority of
Secretary of the Interior.
17d.
Omitted.
17e.
Care and removal of indigents; disposition of dead persons.
17f.
Property of employee lost, damaged, or
destroyed while in use on official business; reimbursement of employee.
17g.
Equipment required by field employees;
by whom furnished and maintained.
17h.
Hire, rental, and purchase of property of
employees; when authorized.
17i.
Hire of work animals, vehicles and
equipment with or without personal
services; rates.
17j.
Traveling expenses of National Park
System employees and dependents of
deceased employees.
17j–1.
Omitted.
17j–2.
Authorization of appropriations for road
maintenance and repair; administrative expenses; lectures, investigations,
telephone service, etc.
17k.
Park, parkway and recreational-area
programs; study by National Park
Service; consent of States; purpose; cooperation of government agencies.
17l.
Coordination; planning by States with
aid of National Park Service.
17m.
Consent of Congress to agreements between States; when agreements effective.
17n.
‘‘State’’ defined.
17o.
National Park Service housing improvement.
18.
Promotion of tourist travel.
18a.
Cooperation with travel agencies; publication of information.
18b.
Advisory committee for promotion of
tourist travel; expenses.
18c.
Rules and regulations; employees.
18d.
Authorization of appropriations.
18e.
Repealed.
18f.
Management of museum properties.
18f–1.
Disposal of unnecessary or duplicate museum objects; use of proceeds.
18f–2.
Additional functions.
18f–3.
Application and definitions.
SUBCHAPTER II—VOLUNTEERS IN PARKS
PROGRAM
18g.
18h.

Creation of program.
Incidental expenses.

TITLE 16—CONSERVATION
Sec.

Sec.

18i.
Federal employee status for volunteers.
18j.
Authorization of appropriations.
SUBCHAPTER III—NATIONAL PARK FOUNDATION

27 to 29.
30.
30a.
31.
32.
33.
34.
35.

19 to 19d.
19e.

Repealed.
Congressional statement of purpose; establishment of Foundation.
19f.
Board: membership, term of office, vacancies, Chairman, Secretary, nonFederal 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.
19g.
Gifts, devises, or bequests; restriction;
real property interests; property with
encumbrances, restrictions, or subject
to beneficial interests of private persons.
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.
19i.
Corporate succession; powers and duties
of trustee; suits; personal liability for
malfeasance.
19j.
Authority for execution of contracts, instruments, and necessary or appropriate acts.
19k.
Bylaws, rules, and regulations; contracts
for services.
19l.
Tax exemptions; contributions toward
costs of local government; contributions, gifts, or transfers to or for use of
United States.
19m.
Liability of United States.
19n.
Omitted.
19o.
Promotion of local fundraising support.
SUBCHAPTER III–A—NATIONAL PARK SYSTEM
VISITOR FACILITY

Repealed.
Jail building; office of magistrate judge.
Existing laws as affected.
Repealed.
Lease of lands within park.
Mortgages by lessees within the park.
Road extensions.
Private use of electricity from lighting
and power plant.
36.
Disposition of surplus elk, buffalo, bear,
beaver, and predatory animals.
36a.
Disposition of surplus elk.
37.
Provision of feed and range facilities for
game animals.
38.
Exchange for State or private lands authorized.
39.
Reservation of timber, minerals, or easements by owners on exchange.
40.
Additions to park; entry under other
acts.
40a.
Educational facilities for dependents of
employees; payments to school districts; limitation on amount.
40b.
Cooperative agreements with States or
local agencies; expansion; Federal contributions.
40c.
Creation of special fund; expenditure.
SUBCHAPTER VI—SEQUOIA AND YOSEMITE
NATIONAL PARKS
41.
42.
43.
44, 45.
45a.
45a–1.
45a–2.
45a–3.
45b.

19aa to 19gg. Omitted.
SUBCHAPTER III–B—PARK SYSTEM RESOURCE
PROTECTION

45c.

19jj.
Definitions.
19jj–1.
Liability.
19jj–2.
Actions.
19jj–3.
Use of recovered amounts.
19jj–4.
Donations.
SUBCHAPTER IV—CONCESSIONS FOR ACCOMMODATIONS, FACILITIES, AND SERVICES IN
AREAS ADMINISTERED BY NATIONAL PARK
SERVICE

45e.
45f.
45g.
46.

20 to 20g.
Repealed.
SUBCHAPTER V—YELLOWSTONE NATIONAL PARK
21.
21a.
21b.
21c.
21d.
22.
23.
24.
25.
26.

Establishment; boundaries; trespassers.
Revision of boundaries; contiguous national forests; jurisdiction of forests.
Extension of certain laws to park.
Section 485 as extending to revised
boundaries; lands acquired by exchange.
Existing claims, locations, and entries as
affected by revised boundaries.
Control of park by Secretary of the Interior; removal of trespassers.
Detail of troops for protection of park.
Jurisdiction over park; fugitives from
justice.
Repealed.
Regulations for hunting and fishing in
park; punishment for violations; forfeitures.

Page 4

45d.

47.

47–1.
47–2.

47–3.
47–4.
47–5.
47–6.
47a.
47b.
47c.

47d.

Sequoia National Park; establishment;
boundaries; trespassers.
Repealed.
Sequoia National Park; rules and regulations; leases; fish and game; trespassers.
Transferred.
Sequoia National Park; revision of
boundaries.
Addition of lands authorized.
Exchange of certain lands for lands conveyed to United States.
Repealed.
Rules and regulations; leases; fish and
game.
Prior claims, locations, and entries; permits for use of natural resources.
Exclusive privileges within park prohibited.
Violations of park regulations; penalty.
Mineral King Valley addition authorized.
Addition to Sequoia National Park.
Yosemite National Park; lands segregated from and included in Sierra
National Forest; rights-of-way over.
Additional lands excluded from Yosemite
National Park and added to Sierra National Forest.
Administrative site for Yosemite National Park.
Leases for employee housing, community facilities, administrative offices,
maintenance facilities, and commercial services at or on administrative
site.
Use of proceeds; administration of
leases.
Agreements to effectuate leases.
Regulations.
Conflicts of interest prohibited.
Addition of certain lands to park authorized.
Inapplicability of certain laws to lands
acquired under section 47a.
Acquisition of certain lands for preservation and consolidation of timber
stands.
Acquisition of certain lands for protection of park deer.

Page 5

TITLE 16—CONSERVATION

Sec.

Sec.

47e.

79l.

Purchase of private lands for park authorized.
47f.
Inapplicability of certain laws to lands
acquired under section 47e.
48.
Yosemite Valley and Mariposa Big Tree
Grove reserved and made part of Yosemite National Park.
49.
Rights of claimants and owners of lands
included; laws and regulations applicable within park.
50.
Repealed.
51.
Yosemite National Park; exchange of
privately owned lands in park.
52.
Values of lands and timber to be exchanged; lands added to park.
53.
Cutting and removal of timber.
54.
Sale of matured, dead, or down timber.
55.
Leases of land in park; mortgages by lessees.
56.
Repealed.
57.
Yosemite and Sequoia National Parks;
exclusive jurisdiction of United States;
jurisdiction remaining in and taxation
by California.
58.
Laws applicable; fugitives from justice.
59.
Repealed.
60.
Hunting or fishing prohibited.
61.
Rules and regulations in parks.
62.
Possession of dead bodies of birds or animals.
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.
64.
Sale or disposal of timber; destruction of
detrimental animal or plant life.
65.
Seizure and forfeiture of guns, traps,
teams, horses, etc.
66 to 77.
Repealed.
78.
Detail of troops to Sequoia and Yosemite
Parks.
79.
Rights-of-way for public utilities.
79–1.
Yosemite National Park; expansion of
reservoir capacity.
SUBCHAPTER VII—REDWOOD NATIONAL PARK
79a.
79b.
79c.
79c–1.

79d.
79e.

79f.
79g.

79h.
79i.
79j.
79k.

Establishment; statement of purposes.
Park area.
Acquisition of land.
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.
Acquisition of lands.
Exchange of property; cash equalization
payments;
commercial
operations,
minimum economic dislocation and
disruption.
Transfer of property from Federal agency to administrative jurisdiction of
Secretary.
Contract authorization within prescribed
cost limits; installments: duration, interest; provisions for payment of judgments and compromise settlements applicable to judgments against United
States.
Memorial groves named for benefactors.
Administration.
Authorization of appropriations.
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.

Employment of personnel for rehabilitation, protection, and improvements of
additional lands.
79m.
Annual reporting requirements; contents; comprehensive general management plan; submission date and scope.
79n.
Authorization of appropriations for rehabilitation programs.
79o.
Repealed.
79p.
Community services and employment
opportunities of Redwoods United, Inc.
to be maintained at present rate of employment.
79q.
Pledge of full faith and credit of United
States for payment of compensation
for lands, etc., taken.
SUBCHAPTER VIII—KINGS CANYON NATIONAL
PARK
80.

Establishment; boundaries; preservation
of rights of citizens.
80a.
General Grant National Park abolished;
lands added to Kings Canyon National
Park.
80a–1.
Lands excluded from Kings Canyon National Park and added to Sequoia National Forest.
80a–2.
Lands excluded from Sequoia National
Forest and added to Kings Canyon National Park.
80a–3.
Lands excluded from Sierra National
Forest and Sequoia National Forest
and added to Kings Canyon National
Park.
80b.
Administration for public recreational
purposes.
80c.
Motor-vehicle licenses for Sequoia National Park as applicable; limitation of
privileges within park.
80d.
Administration, protection, and development.
80d–1.
Use of appropriations for road construction.
80e to 80h.
Repealed.
SUBCHAPTER IX—COLONIAL NATIONAL
HISTORICAL PARK
81.
81a.
81b.
81c.
81d.
81e.

Establishment; statement of purposes.
Location and boundaries.
Revision of boundaries.
Addition of lands.
Addition of lands.
Acquisition of property; condemnation
proceedings.
81f.
Authorization of appropriation.
81g.
Administration, protection, and development.
81h.
Civil and criminal jurisdiction; legislative authority of State over park.
81i.
Donation of buildings thereafter revenue
producing; disposition of proceeds.
81j.
Transfer of lands to Secretary of Navy.
81k.
Exchange of lands.
81l.
Additional exchange of lands.
81m.
Additional exchange of lands.
81n.
Transfer of lands for State Park.
81o.
Transfer of administrative jurisdiction
over land.
81p.
Property transfers.
SUBCHAPTER X—NORTH CASCADES NATIONAL
PARK

90.
90a.
90a–1.

Establishment; statement of purposes;
description of area.
Ross Lake National Recreation Area; establishment; statement of purposes;
description of area.
Lake Chelan National Recreation Area;
establishment; statement of purposes;
description of area.

TITLE 16—CONSERVATION
Sec.

Sec.

90b.

111a.

Land acquisition; authority of Secretary; manner and place; donation of
State lands; transfer to administrative
jurisdiction of Secretary; elimination
of lands from national forests.
90b–1.
Exchange of property; cash equalization
payments.
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.
90c.
Administration.
90c–1.
Administration of recreation areas.
90d.
Distributive share of counties of receipts
for schools and roads unaffected.
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.
90d–2.
State rights or privileges in property
within recreation area used for certain
highway unaffected.
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.
90d–4.
Federal Power Act administrative jurisdiction unaffected.
90d–5.
Authorization of appropriations.
90e.
Pasayten Wilderness, Okanogan and
Mount Baker National Forests; designation; abolition of North Cascades
Primitive Area classification.
90e–1.
Glacier Peak Wilderness, Wenatchee and
Mount Baker National Forests; extension of boundaries.
90e–2.
Map and legal description, filing with
Congressional committees; correction
of errors; applicability of Wilderness
Act.
90e–3.
Area review; report to the President.
SUBCHAPTER XI—MOUNT RAINIER NATIONAL
PARK
91.
92.

Page 6

Authorization for acquisition of additional lands.
111b.
Donations or exchanges of lands.
111c.
Revision of boundaries; vested rights; administration.
111d.
Acquisition of lands within boundaries of
park.
111e.
Authorization of appropriations.
112.
Control; regulations; prehistoric ruins.
113.
Examinations, excavations, and gathering objects of interest.
114.
Removal, disturbance, destruction, or
molestation of ruins.
115.
Leases and permits; prehistoric ruins not
included.
115a.
Mineral resources; exploitation.
116.
Repealed.
117.
Exclusive jurisdiction ceded to United
States by Colorado; saving provisions;
fugitives from justice.
117a, 117b.
Repealed.
117c.
Hunting and fishing; general rules and
regulations; protection of property;
violation of statutes and rules; penalties.
117d.
Forfeiture of property used for unlawful
purpose.
117e to 117j.
Repealed.
118.
Appropriations; availability for operation of Aileen Nusbaum Hospital.
SUBCHAPTER XIII—PETRIFIED FOREST
NATIONAL PARK
119.

Establishment; notice in Federal Register; administration; exchange and acquisition of lands; remaining funds.
119a.
Boundaries.
SUBCHAPTER XIV—CRATER LAKE NATIONAL
PARK
121.
121a.
122.
122a.

Establishment; boundaries.
Repealed.
Control; regulations.
Water quality of Crater Lake; studies
and investigations; report to Congress.
123.
Settlement, residence, lumbering, or
business within park punishable; admission of visitors.
124.
Jurisdiction by the United States; fugitives from justice.
125, 126.
Repealed.
127.
Hunting and fishing; rules and regulations; punishment.
128.
Forfeitures or seizures of guns, traps,
teams, etc., for violating regulations.
129 to 135.
Repealed.
SUBCHAPTER XV—WIND CAVE NATIONAL PARK

Establishment; boundaries; trespassers.
Control; regulations; grants for buildings; rights-of-way; fish and game; removal of trespassers.
92a.
Rights-of-way for railways, tramways,
and cable lines.
93.
Grant of prior lands to Northern Pacific
Railroad; lieu lands to settlers.
94.
Location of mining claims.
95.
Jurisdiction by the United States; fugitives from justice.
96, 97.
Repealed.
98.
Protection of game and fish; forfeitures
and punishments.
99.
Forfeitures and seizures of guns, traps,
teams, etc.
100 to 106.
Repealed.
107.
Boundary changed.
108.
Other laws extended to added lands.
109.
Additional lands.
110.
Laws and regulations applicable to added
lands; free use of roads maintained by
State.
110a.
Headquarters site; acquisition of lands.
110b.
Administration of headquarters site.
110c.
Boundary adjustments.
110d.
Mount Rainier National Park Boundary
Adjustment.
SUBCHAPTER XII—MESA VERDE NATIONAL PARK

Acquisition; payment.
Additional land withdrawn; payment;
management and control; regulations;
sale of improvements; penalties; town
lots.
153.
Existing laws unaffected by admission of
Oklahoma; rights and jurisdiction of
United States; indemnity school lands.
SUBCHAPTER XVII—BIG BEND NATIONAL PARK

111.

156.

Establishment; boundaries.

141.
141a.
141b.

Establishment; boundaries.
Revision of boundaries.
Wind Cave National Game Preserve
transferred to park.
141c.
Disposal of surplus buffalo and elk.
142.
Control; regulations.
143, 144.
Repealed.
145.
Exchange of lands.
146.
Offenses within park.
SUBCHAPTER XVI—CESSION OF INDIAN LANDS
AT SULPHUR, OKLAHOMA
151.
152.

Establishment; boundaries.

Page 7

TITLE 16—CONSERVATION

Sec.

Sec.

157.
157a.
157b.
157c.

162a.
163.

Acquisition of lands.
Additional lands; aggregate cost.
Additional lands within park boundaries.
Boundary revision; acquisition of lands
and interests; authorization of appropriations.
157d.
Additional boundary revision; acquisition of lands and interests.
158.
Administration, protection, and development.
158a to 158d. Repealed.
SUBCHAPTER XVIII—SARATOGA NATIONAL
HISTORICAL PARK
159.
159a.
159b.

Establishment; boundaries.
Acceptance of donations.
Administration, protection, and development.
159c.
Completion of establishment.
159d.
Acceptance of General Philip Schuyler
Mansion property.
159e.
Revision of boundary; additional acreage; authorization of appropriations.
159f.
Enactment of revision.
159g.
Acquisition of lands.
SUBCHAPTER XIX—VOYAGEURS NATIONAL PARK
160.
160a.

Congressional declaration of purpose.
Establishment; notice in Federal Register; donation of lands; acquisition by
purchase of other lands.
160a–1.
Boundaries.
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.
160c.
Acquisition of improved property.
160d.
Concession contracts with former owners
of commercial, recreational, resort, or
similar properties within park boundaries.
160e.
Payment of value differential by Secretary to owner of commercial timberlands exchanging lands for State lands
outside of park; determination of
value; prerequisites.
160f.
Administration.
160g.
Designation by Secretary of recreational
fishing zones; consultation with appropriate State agency; continuation of
seining of fish to secure eggs for propagation.
160h.
Programs for development of area for
recreational sports activities.
160i.
Applicability to treaties, orders, or
agreements.
160j.
Roads accessible to public facilities.
160k.
Funding and other requirements.
SUBCHAPTER XX—GLACIER NATIONAL PARK
161.

161a.
161b.
161c.
161d.
161e.
162.

Establishment; boundaries; trespassers;
claims and rights under land laws not
affected; reclamation projects; indemnity selections of lands.
Part of Waterton-Glacier International
Peace Park.
Designation for purposes of administration, promotion, development, and support.
Addition of land; establishment of fish
hatchery.
Elimination of fish hatchery; transfer of
administration of hatchery to Fish and
Wildlife Service.
Additional lands, buildings, or other real
and personal property.
Control; regulations; leases; sale and removal of timber.

Summer homes and cottages.
Jurisdiction by the United States; fugitives from justice.
164.
Eliminating private holdings of lands;
timber or public lands of equal value in
exchange.
165.
Value of lands sought to be exchanged.
166.
Exchange of timber for private holdings;
valuations.
167.
Removal of timber.
167a.
Exchange of lands and other property.
168, 169.
Repealed.
170.
Hunting and fishing; regulations; punishment.
171.
Forfeitures and seizures of guns, traps,
teams, etc.
172 to 177.
Repealed.
178.
Hotel regulations.
179.
Donations of buildings and other property.
180 to 181b.
Repealed or Omitted.
SUBCHAPTER XXI—ROCKY MOUNTAIN NATIONAL
PARK
191.

Establishment; boundaries; reclamation
project.
192.
Boundaries enlarged.
192a.
Boundaries revised; excluded lands
transferred.
192b.
Addition of lands.
192b–1.
Exchange of lands.
192b–2.
Addition of lands.
192b–3.
Acquisition of lands.
192b–4.
Acquisition of property to connect certain roads and to develop residential,
utility, and administrative units.
192b–5.
Inclusion of acquired lands; rules and
regulations.
192b–6.
Exchange of lands.
192b–7.
Revision of boundaries.
192b–8.
Description of parcels of land.
192b–9.
Rocky Mountain National Park, Roosevelt National Forest, and the Arapaho National Forest.
192b–10.
Boundary adjustment for Rocky Mountain National Park and Roosevelt National Forest.
192c.
Vested rights.
193.
Claims and rights under land laws not affected; rights-of-way for irrigation and
other purposes.
194.
Lands held in private, municipal, or
State ownership not affected.
195.
Control; regulations; leases; sale and removal of timber.
195a.
North St. Vrain Creek and adjacent
lands.
196.
Use for Arbuckle Reservoir.
197.
Applicability of other laws.
198.
Exclusive jurisdiction; assumption by
United States; saving provisions.
198a, 198b.
Repealed.
198c.
Prohibited acts; rules and regulations;
penalties for offenses.
198d.
Forfeiture of property used in commission of offenses.
198e to 198j.
Repealed.
SUBCHAPTER XXII—LASSEN VOLCANIC
NATIONAL PARK
201.

201a.
201b.
202.

Establishment; boundaries; trespassers;
entries under land laws; indemnity
lands.
Revision of boundaries.
Sections applicable to lands within revised boundaries.
Control; rules and regulations; fish and
game; leases; automobiles; stock grazing.

TITLE 16—CONSERVATION
Sec.

Sec.

202a.
203.

228d.

Summer homes and cottages.
Sale and removal of timber; charges for
leases and privileges.
204.
Exclusive jurisdiction ceded to United
States by California.
204a, 204b.
Repealed.
204c.
Hunting and fishing; general rules and
regulations; protection of property;
violation of statutes and rules; penalties.
204d.
Forfeiture of property used for unlawful
purposes.
204e to 204j.
Repealed.
204k.
Addition of lands.
204l.
Application of Federal Power Act.
204m.
Vested rights.
205.
Additional lands for administrative
headquarters site.
205a.
Sections made applicable to additional
lands.
206.
Exchange of lands within exterior boundaries; removal of timber.
207.
Exchange of certain lands; adjustment of
boundary.
207a.
Application of Federal Power Act to
lands acquired under section 207.
207b.
Exchange of lands with California; adjustment of boundary.
207c.
Additional lands from Lassen National
Forest; authorization for road.
SUBCHAPTER XXIII—ABRAHAM LINCOLN
BIRTHPLACE NATIONAL HISTORICAL PARK
211.

Acceptance of title; terms and conditions; admission fees.
212.
Endowment fund; protection and preservation.
213.
Execution of instruments necessary to
carry out purposes of gift.
214.
Rules and regulations.
215.
Improvements and preservation of lands
and buildings.
216.
Authorization of appropriation.
217.
Change in name of Abraham Lincoln National Park.
217a.
Change in name of Abraham Lincoln National Historical Park.
217b.
Abraham Lincoln Birthplace National
Historical Park.
218.
Addition of land.
218a.
Abraham Lincoln Birthplace National
Historical Park, Kentucky.
SUBCHAPTER XXIV—GRAND CANYON NATIONAL
PARK
221.
221a.
221b.
221c.
221d.
221e.
222.
223.
224.
225.
226.
227.
228.
228a.
228b.
228c.

Establishment; boundaries.
Boundary changed.
Various laws made applicable to added
lands.
Exchange of lands.
Relinquishment of interest in road.
Additional lands.
Administration, concessions, and privileges; contracts for sale of water.
Repealed.
Entries under land laws; toll road.
Laws applicable; easements and rightsof-way.
Omitted.
Utilization of areas for Government reclamation projects.
Buildings on privately owned lands.
Enlargement of boundaries; statement of
purpose.
Composition of park.
Acquisition of lands within enlarged
boundaries by donation, purchase, or
exchange; transfer of jurisdiction over
Federal lands.

Page 8

Acquisition of State of Arizona or local
lands by donation or exchange; approval for transfer to United States of
Indian trust lands.
228e.
Cooperative agreements for protection
and unified interpretation of enlarged
park; scope of agreements.
228f.
Preservation and renewal of existing
grazing rights within enlarged boundaries; term of renewal.
228g.
Aircraft or helicopter regulation within
enlarged boundaries; procedure for promulgation of administrative rules and
regulations.
228h.
Construction with existing Colorado
River system reclamation provisions.
228i.
Havasupai Indian Reservation.
228i–1.
Report to President.
228j.
Authorization of appropriations; availability of sums.
SUBCHAPTER XXV—JEAN LAFITTE NATIONAL
HISTORICAL PARK AND PRESERVE
PART A—GENERALLY
230.
230a.
230b.

230c.
230d.
230e.
230f.
230g.
230h.
230i.

Establishment; description of area.
Acquisition of property.
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.
Cooperative agreements; specific provisions.
Hunting, fishing, and trapping; public
safety; consultation.
Establishment; notice in Federal Register; administration.
Delta Region Preservation Commission.
Authorization of appropriations; general
management plan; submission to Congressional committees.
Change in name of Chalmette National
Historical Park.
Report to Congressional committees.
PART B—CHALMETTE UNIT

231.
231a.
231b.
231c.

Establishment; description of area.
Additional lands.
Acceptance of donations.
Administration, protection, and development.
231d.
Repeal of inconsistent laws.
SUBCHAPTER XXVI—THEODORE ROOSEVELT
NATIONAL PARK
241.

Establishment; boundaries; maintenance
of roads.
241a.
Extension of boundaries.
241b.
Exchange of lands.
241c.
Additional extension of lands.
241d.
Exclusion of lands.
241e.
Authority to make further adjustments.
241f.
Extension of exchange authority.
241g.
Change in name of Theodore Roosevelt
National Memorial Park.
242.
Condemnation of land; acceptance of donations.
243.
Exchange of lands.
244.
Construction of log buildings; limitation
on cost.
245.
Administration, protection, and development.
246.
Repealed.
247.
Homestead, mineral, and other rights
unaffected.
SUBCHAPTER XXVII—OLYMPIC NATIONAL PARK
251.

Establishment; boundaries.

Page 9

TITLE 16—CONSERVATION

Sec.

Sec.

251a.
251b.
251c.
251d.
251e.
251f.

268a.

Additional lands.
Exchange of lands.
Administration of acquired lands.
Applicability to privately owned lands.
Boundary revision.
Consultation by Secretary with Governor, local officials, and affected landowners; notice to Congressional committees; publication in Federal Register.
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.
251h.
Property retention rights; compensation
at fair market value; ‘‘improved property’’ defined.
251i.
Land acquisition of privately owned
land; report to Congress; condemnation
proceedings; compensation.
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.
251k.
Economic dislocation in land acquisition; exchange of lands; transfers of
land within a national forest; concurrence of Secretary of Agriculture.
251l.
Retrocession of lands to State; Quileute
Indian Reservation jurisdiction; concurrent legislative jurisdiction with
State.
251m.
Authorization of appropriations.
251n.
Additional boundary revision.
252.
Disposal of mineral rights.
253.
Apportionment of income among counties.
254.
Administration, protection, and development.
255.
Effect on existing homestead, mineral,
etc., entries; revision of boundaries.
256.
Acceptance of land ceded by State of
Washington; assumption of jurisdiction.
256a.
Repealed.
256b.
Hunting and fishing; general rules and
regulations; protection of property;
violation of statutes or rules; penalties.
256c.
Forfeiture of property used in hunting,
fishing, etc.
256d to 256h. Repealed.
256i.
Notice to Governor of Washington; application of laws to subsequently accepted lands.
SUBCHAPTER XXVIII—CUMBERLAND GAP
NATIONAL HISTORICAL PARK
261.
262.
263.
264.
265.
266.
267.
268.

Establishment; description of area.
Total area; consent of Congress to acquisition of lands and property and transfer thereof to United States.
Acceptance of donations.
Administration, protection, and development.
Addition of lands.
Authorization of appropriations for acquisition of additional lands.
Authority of Secretary to acquire additional lands.
Authority of Secretary to acquire lands
for trailheads.

Acquisition of Fern Lake watershed.

SUBCHAPTER XXIX—CANYONLANDS NATIONAL
PARK
271.
271a.

271b.
271c.
271d.
271e.
271f.
271g.

Establishment; description of area.
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.
Grazing privileges; right of occupancy or
use for fixed term of years; renewal.
Access roads.
Administration, protection, and development.
Report to President.
Omitted.
Authorization of appropriations.

SUBCHAPTER XXX—ARCHES NATIONAL PARK
272.
272a.
272b.
272c.
272d.
272e.
272f.
272g.

Establishment of park.
Acquisition of property.
Livestock grazing.
Livestock trails, watering rights; driveway designation and regulation.
Administration, protection, and development; report to President.
Omitted.
Authorization of appropriations.
Land exchange involving school trust
land.

SUBCHAPTER XXXI—CAPITOL REEF NATIONAL
PARK
273.
273a.
273b.
273c.
273d.
273e.
273f.

Establishment.
Acquisition of property; authority of
Secretary; State property.
Grazing privileges; right of occupancy or
use for fixed term of years; renewal.
Livestock trails, watering rights; driveway regulations.
Administration, protection, and development.
Omitted.
Authorization of appropriations.

SUBCHAPTER XXXII—NEZ PERCE NATIONAL
HISTORICAL PARK
281.
281a.
281b.
281c.
281d.
281e.
281f.

Purpose.
Designation.
Acquisition of lands; restrictions; tribalowned lands.
Inclusion of lands.
Establishment; notice in Federal Register; administration.
Contracts and cooperative agreements
with State of Idaho, and others.
Authorization of appropriations.
SUBCHAPTER XXXIII—SAN JUAN ISLAND
NATIONAL HISTORICAL PARK

282.

282a.
282b.

282c.

Acquisition of property; purpose; authority of Secretary; manner and place; donation of State lands.
Designation; administration, protection,
and development.
Cooperative agreements with State of
Washington and others; erection and
maintenance of tablets or markers.
Authorization of appropriations.

SUBCHAPTER XXXIV—GUADALUPE MOUNTAINS
NATIONAL PARK
283.
283a.
283b.
283c.

Establishment; purposes; boundaries.
Acquisition of lands.
Establishment; notice in Federal Register; property rights.
Administration.

TITLE 16—CONSERVATION
Sec.

Sec.

283d.
283e.

Availability of funds.
Authorization of appropriations; expenditure for improvements limitation.
SUBCHAPTER XXXV—WOLF TRAP NATIONAL
PARK FOR THE PERFORMING ARTS

284.

Establishment; statement of purposes;
description; acquisition of property;
acreage limitation.
284a.
Administration.
284b.
Authorization of appropriations.
284c.
Financial assistance for reconstruction
of Center.
284d.
Cooperative agreement with Foundation
for presentation of programs.
284e.
Vested property of United States; status
of Foundation.
284f.
Repealed.
284g.
Cooperation of government agencies.
284h.
General management plan; preparation
and revision; submittal to Congressional committees.
284i.
Authorization of additional appropriations.
284j.
Definitions.
284k.
References.
SUBCHAPTER XXXVI—GEORGE ROGERS CLARK
NATIONAL HISTORICAL PARK
291.
291a.

Establishment; acceptance of land.
Cooperative agreements with property
owners of non-Federal property.
291b.
Administration,
protection,
development, and maintenance.
SUBCHAPTER XXXVII—ACADIA NATIONAL PARK
341.
342.

Establishment; description of area.
Administration, protection, and promotion.
342a.
Extension of boundary limits.
342b.
Lafayette National Park name changed
to Acadia National Park; land unaffected by Federal Power Act.
343.
Acceptance of property on Mount Desert
Island.
343a.
Naval radio station, Seawall, Maine, as
addition to park.
343b.
Addition of lands.
343c.
Exchange of lands; Jackson Memorial
Laboratory.
343c–1.
Exchange of lands; Mount Desert Island
Regional School District.
343c–2.
Addition of lands; Jackson Laboratory.
343c–3.
Conveyance of land; Jackson Laboratory.
343c–4.
Exchange of lands; Rich property.
343d.
Exclusion of lands; disposal as surplus
property.
SUBCHAPTER XXXVIII—ZION NATIONAL PARK
344.
345.
346.
346a.
346a–1.
346a–2.
346a–3.
346a–4.
346a–5.
346a–6.
346b.
346c.
346d.
346e.

Page 10

Establishment; maintenance.
Administration, protection, and promotion.
Exchange of lands.
Extension of boundaries.
Addition of lands.
Acquisition of lands; administration.
Exchange of lands; construction of interchange.
Boundary revision
Zion National Park boundary adjustment.
Transfer of administrative jurisdiction
to National Park Service.
Consolidation of Zion National Park and
Zion National Monument.
Administration.
Use of funds.
Authorization for park facilities to be located outside the boundaries of Zion
National Park and Yosemite National
Park.

SUBCHAPTER XXXIX—DENALI NATIONAL PARK
347.
Establishment; boundaries.
348.
Entries under land laws not affected.
349.
Rights-of-way.
350, 350a.
Repealed.
351.
Control; rules and regulations.
352.
Game refuge; killing game.
353.
Leases.
353a.
Repealed.
354.
Offenses; punishment.
355.
Change of boundaries.
355a.
Laws applicable to added lands.
SUBCHAPTER XL—HOT SPRINGS NATIONAL PARK
361.

Establishment; supply of water; free
baths for indigent; dedication to
United States.
361a.
Additions to park.
361b.
Additions to park.
361c.
Additions to park.
361c–1.
Omitted.
361d.
Additions to park.
361e.
Acceptance of donations.
361f.
Exchange of lands.
361g.
Modification of park boundary.
362.
Leases of bathhouses and sites; supply of
water.
363.
Rules and regulations.
364.
Investigation of applicant for lease or
contract.
365.
Taxation, under State laws.
366.
Collection of water on reservation.
367.
Sale of lots.
368.
Operation of bathhouse in connection
with hotel.
369.
Charges assessable against bath attendants and masseurs and physicians prescribing use of hot waters.
370.
Omitted.
370a.
Retention of Arlington Hotel site for
park and landscape purposes.
371.
Use of free bathhouses limited.
372.
Laws operative within judicial district of
Arkansas.
372a.
Acceptance of jurisdiction over part of
park; application of laws.
373.
Injuries to property.
374.
Taking or use of or bathing in water in
violation of rules and regulations.
375 to 383.
Repealed.
SUBCHAPTER XLI—HAWAII NATIONAL PARK
391.
391a.
391b.
391b–1.
391c.
391d.
392.
392a.
392b.
392c.
393.
394.
395.

395a, 395b.
395c.

Establishment; boundaries.
Boundary on island of Maui changed.
Extension of boundaries.
Laws applicable to added lands.
Withdrawal of lands for use as bombing
target range.
Change in name of part of Hawaii National Park.
Acquisition of privately owned lands.
Provisions of section 392 extended to additional lands.
Conveyance of added lands to United
States by Governor.
Addition to Hawai‘i Volcanoes National
Park.
Entries under land laws; rights-of-way;
lands excluded.
Control; rules and regulations; leases;
appropriations.
Exclusive jurisdiction in United States;
exceptions; laws applicable; fugitives
from justice.
Repealed.
Hunting and fishing; general rules and
regulations; protection of property;
violation of statutes and rules; penalties.

Page 11

TITLE 16—CONSERVATION

Sec.

Sec.

395d.

403c–4.

Forfeiture of property used for unlawful
purposes.
395e to 395j.
Repealed.
396.
Additional lands; acceptance of title.
396a.
Lease of lands to native Hawaiians, residence requirements; fishing.
¯ NATIONAL
SUBCHAPTER XLII—HALEAKALA
PARK
396b.

Establishment; boundaries; administration.
396c.
Land acquisition; authorization of appropriations.
¯ HAU
SUBCHAPTER XLII–A—KALOKO-HONOKO
NATIONAL HISTORICAL PARK
396d.
396e.
396f.

Establishment.
Exchange of lands.
Acquisition of private lands; creation of
surplus property accounts; transfer
and sale of accounts.
¯ NAUNAU
SUBCHAPTER XLIII—PU‘UHONUA O HO
NATIONAL HISTORICAL PARK

397.
397a.

Establishment; boundaries.
Establishment; notice in Federal Register.
397b.
Procurement of lands.
397c.
Acquisition of lands by Governor of the
Territory of Hawaii.
397d.
Administration.
SUBCHAPTER XLIV—VIRGIN ISLANDS NATIONAL
PARK
398.
398a.
398b.
398c.
398d.

Establishment; administration.
Conditions and limitations.
Repealed.
Addition of lands.
Acquisition of lands, waters, and interests therein.
398e.
Bathing and fishing rights protected.
398f.
Authorization of appropriations for acquisitions, grants, etc.
SUBCHAPTER XLV—BRYCE CANYON NATIONAL
PARK
401.

Establishment; boundaries; administration.
402.
Existing claims, locations, or entries not
affected; exchange of lands.
402a.
Utah National Park; change of name to
Bryce Canyon National Park.
402b.
Additions to park.
402c.
Further additions to park.
402d.
Extension of boundaries; laws applicable.
402e.
Application of Federal Power Act.
402f.
Further additions to park.
402g.
Elimination of lands.
SUBCHAPTER
XLVI—SHENANDOAH
NATIONAL
PARK AND GREAT SMOKY MOUNTAINS NATIONAL PARK
403.
403–1.
403–2.
403–3.
403a.
403b.

403c.
403c–1.

403c–2.
403c–3.

Establishment; boundaries.
Addition of lands to Shenandoah National Park.
Exchange of lands within Shenandoah
National Park.
Addition of lands to Shenandoah National Park; administration.
Acceptance of title to lands.
Administration, protection, and development; Federal Power Act inapplicable;
minimum area.
Use of existing commission.
Respective jurisdiction of Virginia and
United States over lands in Shenandoah Park.
Repealed.
Criminal offenses concerning hunting,
fishing, and property.

Forfeiture of property used in commission of offenses.
403c–5 to 403c–11. Repealed.
403d.
Lease of lands within Shenandoah National Park and Great Smoky Mountains National Park.
403e.
Acceptance of title to lands; reservations; leases; rights-of-way and easements.
403f.
Great Smoky Mountains National Park;
extension of boundaries.
403g.
Establishment; minimum area.
403g–1.
Exchange of lands.
403h.
Inclusion of acquired lands.
403h–1.
Acceptance of jurisdiction by United
States; saving provisions.
403h–2.
Repealed.
403h–3.
Hunting, fishing, etc.; rules and regulations; protection of property; penalties
for violating laws and rules.
403h–4.
Forfeiture of property used in commission of offenses.
403h–5 to 403h–9. Repealed.
403h–10.
Notice to Governors of North Carolina
and Tennessee; application of sections
403h–3 and 403h–4 to subsequent lands
accepted.
403h–11.
Further additions for construction of
scenic parkway.
403h–12.
Entrance road to Cataloochee section.
403h–13.
Authorization of appropriations.
403h–14.
Authorization to transfer additional
lands for scenic parkway.
403h–15.
Conveyances to Tennessee of lands within Great Smoky Mountains National
Park.
403h–16.
Reconveyance of rights-of-way and lands
for control of landslides along Gatlinburg Spur of the Foothills Parkway;
conditions.
403h–17.
Elimination of lands from Great Smoky
Mountains National Park and Gatlinburg Spur of the Foothills Parkway.
403i.
Secretary of the Interior authorized to
purchase necessary lands.
403j.
Authorization of appropriation.
403k.
Boundary between Great Smoky Mountains National Park and Cherokee-Pisgah-Nantahala National Forests.
403k–1.
Laws applicable.
403k–2.
Addition of lands to Great Smoky Mountains National Park.
403k–3.
Palmer’s Chapel in Cataloochee Valley
of Great Smoky Mountains National
Park; protection and continued use;
communication of Chapel history to
visitors.
SUBCHAPTER XLVII—MAMMOTH CAVE NATIONAL
PARK
404.
404a.
404b.

404b–1.
404b–2.

404c.
404c–1.
404c–2.
404c–3.

404c–4.

Establishment; boundaries.
Acceptance of title to lands.
Administration, protection, and development; Federal Power Act inapplicable;
minimum area.
Exclusion of Great Onyx and Crystal
Caves.
Eventual acquisition of Great Onyx and
Crystal Caves; cooperation with State
of Kentucky.
Omitted.
Acceptance of cession by United States;
jurisdiction.
Fugitives from justice.
Criminal offenses concerning hunting,
fishing, and property; prima facie evidence; rules and regulations.
Forfeiture of property used in commission of offenses.

TITLE 16—CONSERVATION
Sec.

Sec.

404c–5 to 404c–9. Repealed.
404c–10.
Notice of assumption of police jurisdiction by United States; acceptance by
Secretary of further cessions.
404c–11.
Secretary of the Interior authorized to
acquire additional lands; appropriation; approval of title.
404c–12.
Entrance roads.
404d.
Acceptance of title to lands; reservations; leases; rights-of-way and easements.
404e.
Donations of money; acquisition of title
to lands.
404f.
Acquisition of additional lands.
SUBCHAPTER XLVIII—COOS COUNTY, OREGON
405.
405a.

Reservation for park and camp sites.
Rules and regulations; fees.

SUBCHAPTER XLIX—GRAND TETON NATIONAL
PARK
406 to 406d.
406d–1.
406d–2.

406d–3.
406d–4.
406d–5.

Repealed.
Establishment; boundaries; administration.
Rights-of-way; continuation of leases,
permits, and licenses; renewal; grazing
privileges.
Compensation for tax losses; limitation
on annual amount.
Acceptance of other lands by Secretary
of the Interior.
Use for reclamation purposes of certain
lands within exterior boundary.

SUBCHAPTER L—CARLSBAD CAVERNS NATIONAL
PARK
407.
407a.
407b.
407c.
407d.
407e.
407f.
407g.

407h.

Establishment; description of area.
Administration, protection, and development.
Applicability of Federal Power Act.
Repealed.
Admission and guide fees exempt from
tax.
Boundaries.
Exchange of lands.
State right-of-way for park-type road;
reconveyance of interest upon completion of road.
Authorization of appropriations.

SUBCHAPTER LI—INDEPENDENCE NATIONAL
HISTORICAL PARK
407m.
407m–1.
407m–2.
407m–3.
407m–4.
407m–5.
407m–6.
407m–7.
407m–8.
407n.

407o.
407p.
407q.
407r.
407s.

Page 12

Establishment; acquisition of land; property involved.
Acquisition of additional lands and
buildings.
Acquisition of property adjacent to Old
Saint Joseph’s Church.
Acquisition of site of Graff House.
Erection of replica of Graff House; maintenance.
Inclusion of additional lands and building; administration.
Authorization of appropriations.
Exchange of property.
Independence National Historical Park
boundary adjustment.
Cooperative agreements between Secretary of the Interior and City of
Philadelphia; contents.
Construction of buildings; acceptance of
donations.
Establishment of advisory commission;
composition, appointment, and duties.
Administration, protection, and development.
Authorization of appropriations.
Administration and operation of properties; use of funds; contracts.

SUBCHAPTER LI–A—NATIONAL CONSTITUTION
CENTER
407aa.
407bb.
407cc.

Findings and purposes.
Establishment.
Acquisition of site for and operation of
Center.
407dd.
Directives to Secretary.
407ee.
Authorization of appropriations.
SUBCHAPTER LII—ISLE ROYALE NATIONAL PARK
408.
408a.
408b.

Establishment; acquisition of land.
Acceptance of title to lands.
Administration, protection, and development.
408c.
Acceptance of title to lands; reservations; leases; rights-of-way and easements.
408d.
Addition of lands purchased within
boundaries for conservation or forestation purposes.
408e.
Addition of lands; Passage Island.
408f.
Former Siskiwit Islands Bird Reservation.
408g.
Submerged lands surrounding islands.
408h.
Federally owned lands within park
boundaries.
408i.
Acceptance of territory ceded by Michigan; jurisdiction.
408j.
Repealed.
408k.
Hunting and fishing; general rules and
regulations; protection of property;
violation of statutes or rules; penalties.
408l.
Forfeiture of property used in hunting,
fishing, etc.
408m to 408q. Repealed.
SUBCHAPTER LIII—MORRISTOWN NATIONAL
HISTORICAL PARK
409.
409a.
409b.

Establishment; acquisition of land.
Acceptance of title to lands.
George Washington headquarters; maintenance.
409c.
Board of advisers.
409d.
Employees of Washington Association of
New Jersey.
409e.
Administration, protection, and development.
409f.
Jurisdiction of New Jersey in civil,
criminal and legislative matters retained; citizenship unaffected.
409g.
Additional lands.
409h.
Administration of additional lands.
409i.
Acquisition of Warren Property for
Morristown National Historical Park.
SUBCHAPTER LIV—EVERGLADES NATIONAL
PARK
410.
410a.
410b.
410c.
410d.

410e.

410f.
410g.
410h.
410i.
410j.

Establishment; acquisition of land.
Acceptance of title to lands.
Administration, protection, and development.
Preservation of primitive condition.
Acceptance and protection of property
pending establishment of park; publication of establishment order.
Acquisition of additional lands; reservation of oil, gas, and mineral rights; reservation of royalty rights.
Limitation of Federal action during reservation period.
Rules and regulations governing reservation rights.
Ascertainment of owners’ election regarding reservation rights.
Exterior boundaries; administration.
Acquisition of land, water, and interests
therein; consent of owner; reservations.

Page 13

TITLE 16—CONSERVATION

Sec.

Sec.

410k.

410bb–1.
410bb–2.

Limitation of Federal action during reservation period.
410l.
Rules and regulations governing reservation rights.
410m.
Ascertainment of owners’ election regarding reservation rights.
410n.
Drainage of lands; right-of-way.
410o.
Exchange of land, water, and interests
therein.
410p.
Authorization of appropriations.
410q.
Exchange of lands.
410r.
Lands acquired as part of park; rules and
regulations.
410r–1.
Acceptance of additional lands.
410r–2.
Lands acquired as part of park; rules and
regulations.
410r–3.
Acceptance of additional lands; lands acquired as part of park; reimbursement
of revolving fund.
410r–4.
Authorization of appropriations for reimbursement of revolving fund.
410r–5.
Findings, purposes, and definitions.
410r–6.
Boundary modification.
410r–7.
Administration.
410r–8.
Modification of certain water projects.
410r–9.
Boundary revision.
SUBCHAPTER LV—MINUTE MAN NATIONAL
HISTORICAL PARK
410s.
410t.

Establishment.
Acquisition and transfer of lands; private owner’s retention of right of use
and occupancy.
410u.
Preservation of historic sites.
410v.
Appointment and composition of advisory commission.
410w.
Administration, protection, and development.
410x.
Authorization of appropriations.
410x–1.
Residential occupancy.
410x–2.
‘‘Residential property’’ defined.
SUBCHAPTER LVI—CHESAPEAKE AND OHIO
CANAL NATIONAL HISTORICAL PARK
410y.
410y–1.

Definitions.
Purposes; establishment; boundaries; acquisition of lands; procedure for acquisition; time of acquisition.
410y–1a.
Boundary revision.
410y–2.
Consideration by Secretary of comprehensive local or State development,
land use, or recreational plans.
410y–3.
Access.
410y–4.
Chesapeake and Ohio Canal National
Historical Park Commission.
410y–5.
Administration.
410y–6.
Availability of funds; authorization of
appropriations; adjustment of appropriations.
SUBCHAPTER LVII—BOSTON NATIONAL
HISTORICAL PARK

410bb–3.

SUBCHAPTER LIX–A—LOWELL NATIONAL
HISTORICAL PARK
PART A—ESTABLISHMENT OF PARK AND PRESERVATION
DISTRICT
410cc.
410cc–1.
410cc–11.
410cc–12.

410cc–13.
410cc–14.

410cc–31.
410cc–32.
410cc–33.
410cc–34.
410cc–35.
410cc–36.
410cc–37.

Lowell Historic Preservation Commission.
Park preservation plan and index.
Financial and technical assistance.
Acquisition and disposition of property.
Powers of Commission.
Staff of Commission.
Use of funds; maintenance of financial
records; audits.

SUBCHAPTER LIX–B—WAR IN THE PACIFIC
NATIONAL HISTORICAL PARK
410dd.

Establishment.

SUBCHAPTER LIX–C—SAN ANTONIO MISSIONS
NATIONAL HISTORICAL PARK
410ee.

Establishment.

SUBCHAPTER LIX–D—CHANNEL ISLANDS
NATIONAL PARK
410ff.
410ff–1.
410ff–2.

410ff–3.
410ff–4.

410ff–5.
410ff–6.
410ff–7.

410aa.
410aa–1.
410aa–2.

410gg.

Establishment.

Park management plan.
Acquisition of property.
Agreements and technical assistance.
Withholding of funds; criteria.
Administrative functions.

PART C—POWERS AND DUTIES OF PRESERVATION
COMMISSION

Establishment.
Acquisition of additional sites.
Boston National Historical Park Advisory Commission.
410z–3.
Visitor center.
410z–4.
Administration.
410z–5.
Authorization of appropriations.
SUBCHAPTER LVIII—VALLEY FORGE NATIONAL
HISTORICAL PARK

410bb.

Congressional statement of findings and
purpose.
Definitions.
Establishment of Lowell National Historical Park.
Consultations, cooperation, and conduct
of activities by Federal entities; issuance of licenses or permits by Federal
entities.
Authorization of appropriations.
Funding limitations.

PART B—POWERS AND DUTIES OF SECRETARY
410cc–21.
410cc–22.
410cc–23.
410cc–24.
410cc–25.

410z.
410z–1.
410z–2.

Establishment.
Lands and property.
Notice in Federal Register; appropriations; administration.
410aa–3.
Authorization of appropriations.
SUBCHAPTER LIX—KLONDIKE GOLD RUSH
NATIONAL HISTORICAL PARK

Administration.
Cooperation with Canada for planning
and development of international park.
Authorization of appropriations.

Establishment.
Acquisition of property.
Natural resources study reports to Congress; cooperative agreements for enforcement of laws and regulations on
State-owned land.
Administration.
Federal or federally assisted undertakings with respect to lands and waters
within, adjacent to, or related to park.
Designation of wilderness areas.
Entrance or admission fees prohibited.
Expenditure of Federal funds for research, resources management, and
visitor protection and use on private
property; transfer of funds; authorization of appropriations.

SUBCHAPTER LIX–E—BISCAYNE NATIONAL PARK

410gg–1.
410gg–2.

Establishment; description of boundary;
minor boundary revisions; publication
in Federal Register.
Acquisition of property.
Administration; fishing; abolition of Biscayne National Monument; monument
incorporated within and made part of
park; monument funds and appropriations available for park.

TITLE 16—CONSERVATION
Sec.

Sec.

410gg–3.

410oo–1.
410oo–2.
410oo–3.
410oo–4.
410oo–5.
410oo–6.

Report as to suitability for designation
as wilderness area; compliance with
procedure for such designation.
410gg–4.
Revised comprehensive general management plan; submission to Congressional committees.
410gg–5.
Authorization of appropriations; entrance or admission fees prohibition.
SUBCHAPTER LIX–F—ALASKAN NATIONAL PARKS
410hh.
410hh–1.
410hh–2.

Establishment of new areas.
Additions to existing areas.
Administration; hunting and subsistence
uses; admission fees.
410hh–3.
Native selections.
410hh–4.
Commercial fishing.
410hh–5.
Withdrawal of lands from mining and
mineral leasing.
SUBCHAPTER LIX–G—CHACO CULTURE NATIONAL
HISTORICAL PARK

410ii.
410ii–1.
410ii–2.
410ii–3.
410ii–4.

Findings and purpose.
Establishment.
Repealed.
Acquisition of properties.
Cooperative agreements for the protection, preservation, and maintenance of
archeological resources.
410ii–5.
Administration.
410ii–6.
Research and data gathering.
410ii–7.
Authorization of appropriation.
SUBCHAPTER LIX–H—KALAUPAPA NATIONAL
HISTORICAL PARK

410jj.
410jj–1.
410jj–2.

Establishment.
Purposes.
Boundaries; revisions of boundary; publication in Federal Register.
410jj–3.
Acquisition of lands and interests.
410jj–4.
Administration.
410jj–5.
Special needs of leprosy patients residing in Kalaupapa settlement; specific
provisions.
410jj–6.
Additional needs of leprosy patients and
Native Hawaiians for employment and
training; specific provisions.
410jj–7.
Advisory Commission.
410jj–8.
Reevaluation of management, etc., policies.
410jj–9.
Authorization of appropriations.
SUBCHAPTER LIX–I—LYNDON B. JOHNSON
NATIONAL HISTORICAL PARK
410kk.
Establishment.
410kk–1.
Administration.
410kk–2.
Authorization of appropriations.
SUBCHAPTER LIX–J—WOMEN’S RIGHTS
NATIONAL HISTORICAL PARK
410ll.
Establishment.
410ll–1.
Votes for Women Trail.
SUBCHAPTER LIX–K—GREAT BASIN NATIONAL
PARK
410mm.
Establishment.
410mm–1.
Administration.
410mm–2.
Acquisition of land.
410mm–3.
Authorization of appropriations.
SUBCHAPTER LIX–L—SAN FRANCISCO MARITIME
NATIONAL HISTORICAL PARK
410nn.
Establishment.
410nn–1.
Administration.
410nn–2.
Acquisition of property.
410nn–3.
Advisory Commission.
410nn–4.
Authorization of appropriations.
SUBCHAPTER LIX–M—NATCHEZ NATIONAL
HISTORICAL PARK
410oo.

Purposes.

Page 14

Establishment.
Acquisition of property.
Administration.
Natchez Trace study.
Advisory Commission.
Authorization of appropriations.

SUBCHAPTER LIX–N—ZUNI-CIBOLA NATIONAL
HISTORICAL PARK
410pp to 410pp–8. Omitted.
SUBCHAPTER LIX–O—NATIONAL PARK OF
AMERICAN SAMOA
410qq.
410qq–1.
410qq–2.
410qq–3.
410qq–4.

Findings and purpose.
Establishment.
Administration.
‘‘Native American Samoan’’ defined.
Authorization of appropriations.

SUBCHAPTER LIX–P—PECOS NATIONAL
HISTORICAL PARK
410rr.
410rr–1.
410rr–2.
410rr–3.
410rr–4.
410rr–5.
410rr–6.
410rr–7.

Purpose.
Establishment.
Acquisition of lands, waters, and interests in lands and waters.
Administration.
Management plan.
Study of possible inclusion of additional
sites and ruins.
Authorization of appropriations.
Glorieta Unit of Pecos National Historical Park.

SUBCHAPTER LIX–Q—TUMACACORI NATIONAL
HISTORICAL PARK
410ss.
410ss–1.

Establishment.
Administration.

SUBCHAPTER LIX–R—SALT RIVER BAY NATIONAL HISTORICAL PARK AND ECOLOGICAL
PRESERVE AT ST. CROIX, VIRGIN ISLANDS
410tt.
410tt–1.

410tt–2.
410tt–3.
410tt–4.

410tt–5.

Findings.
Salt River Bay National Historical Park
and Ecological Preserve at St. Croix,
Virgin Islands.
Acquisition of land.
Administration.
Salt River Bay National Historical Park
and Ecological Preserve at St. Croix,
Virgin Islands, Commission.
Authorization of appropriations.

SUBCHAPTER LIX–S—HOPEWELL CULTURE
NATIONAL HISTORICAL PARK
410uu.
410uu–1.
410uu–2.
410uu–3.
410uu–4.

Renaming.
Expansion of boundaries.
Cooperative agreements.
Studies.
Authorization of appropriations.

SUBCHAPTER LIX–T—MARSH-BILLINGSROCKEFELLER NATIONAL HISTORICAL PARK
410vv.
410vv–1.
410vv–2.
410vv–3.
410vv–4.
410vv–5.
410vv–6.
410vv–7.
410vv–8.

Purposes.
Establishment.
Administration.
Marsh-Billings-Rockefeller National Historical Park Scenic Zone.
Cooperative agreements.
Endowment.
Reservation of use and occupancy.
General management plan.
Authorization of appropriations.

SUBCHAPTER LIX–U—DAYTON AVIATION
HERITAGE NATIONAL HISTORICAL PARK
PART A—DAYTON AVIATION HERITAGE NATIONAL
HISTORICAL PARK
410ww.

Establishment.

Page 15

TITLE 16—CONSERVATION

Sec.

Sec.

410ww–1.
410ww–2.
410ww–3.
410ww–4.
410ww–5.
410ww–6.

Protection of historic properties.
Park general management plan.
Studies.
Administration.
Cooperation of Federal agencies.
Coordination between Secretary
Secretary of Defense.
Assistance.
Authorization of appropriations.

410ww–7.
410ww–8.

and

410aaa–48.
410aaa–49.
410aaa–50.
410aaa–51.
410aaa–52.
410aaa–53.
410aaa–54.
410aaa–55.
410aaa–56.
410aaa–57.

PART B—DAYTON AVIATION HERITAGE COMMISSION
410ww–21.
410ww–22.
410ww–23.
410ww–24.
410ww–25.

Dayton Aviation Heritage Commission.
Dayton historic resources preservation
and development plan.
General powers of Commission.
Staff of Commission.
Authorization of appropriations.

SUBCHAPTER LIX–V—DRY TORTUGAS NATIONAL
PARK
410xx.
410xx–1.
410xx–2.

Establishment.
Administration.
Land acquisition and transfer of property.
Authorization of appropriations.

410xx–3.

SUBCHAPTER LIX–W—KEWEENAW NATIONAL
HISTORICAL PARK
410yy.
410yy–1.
410yy–2.
410yy–3.
410yy–4.
410yy–5.
410yy–6.
410yy–7.
410yy–8.

Findings and purposes.
Definitions.
Establishment.
Acquisition of property.
Cooperation by Federal agencies.
General management plan.
Cooperative agreements.
Financial and technical assistance.
Keweenaw National Historical Park Advisory Commission.
Authorization of appropriations.

410yy–9.

SUBCHAPTER LIX–X—SAGUARO NATIONAL PARK
410zz.
410zz–1.
410zz–2.
410zz–3.

Findings and purpose.
Establishment.
Expansion of boundaries.
Authorization of appropriations.

SUBCHAPTER LIX–Y—CALIFORNIA DESERT
LANDS PARKS AND PRESERVE
PART A—DEATH VALLEY NATIONAL PARK
410aaa.
410aaa–1.
410aaa–2.
410aaa–3.
410aaa–4.
410aaa–5.
410aaa–6.
410aaa–7.

Findings.
Establishment.
Transfer and administration of lands.
Maps and legal description.
Withdrawal.
Grazing.
Death Valley National Park Advisory
Commission.
Boundary adjustment.

PART B—JOSHUA TREE NATIONAL PARK
410aaa–21.
410aaa–22.
410aaa–23.
410aaa–24.
410aaa–25.
410aaa–26.
410aaa–27.

Findings.
Establishment.
Transfer and administration of lands.
Maps and legal description.
Withdrawal.
Utility rights-of-way.
Joshua Tree National Park Advisory
Commission.

PART C—MOJAVE NATIONAL PRESERVE
410aaa–41.
410aaa–42.
410aaa–43.
410aaa–44.
410aaa–45.
410aaa–46.
410aaa–47.

Findings.
Establishment.
Transfer of lands.
Maps and legal description.
Abolishment of scenic area.
Administration.
Withdrawal.

410aaa–58.
410aaa–59.

Regulation of mining.
Study as to validity of mining claims.
Grazing.
Utility rights-of-way.
Preparation of management plan.
Granite Mountains Natural Reserve.
Soda Springs Desert Study Center.
Construction of visitor center.
Acquisition of lands.
Acquired lands to be made part of Mojave National Preserve.
Mojave National Preserve Advisory Commission.
No adverse effect on land until acquired.

PART D—MISCELLANEOUS PROVISIONS
410aaa–71.

Transfer of lands to Red Rock Canyon
State Park.
410aaa–72.
Land tenure adjustments.
410aaa–73.
Land disposal.
410aaa–74.
Management of newly acquired lands.
410aaa–75.
Native American uses and interests.
410aaa–76.
Federal reserved water rights.
410aaa–77.
California State School lands.
410aaa–78.
Access to private property.
410aaa–79.
Federal facilities fee equity.
410aaa–80.
Land appraisal.
410aaa–81.
Definition.
410aaa–82.
Military overflights.
410aaa–83.
Authorization of appropriations.
SUBCHAPTER LIX–Z—NEW ORLEANS JAZZ
NATIONAL HISTORICAL PARK
410bbb.
Findings and purpose.
410bbb–1.
Establishment.
410bbb–2.
Administration.
410bbb–3.
Acquisition of property.
410bbb–4.
General management plan.
410bbb–5.
New Orleans Jazz Commission.
410bbb–6.
Authorization of appropriations.
SUBCHAPTER LIX–AA—CANE RIVER CREOLE NATIONAL HISTORICAL PARK AND NATIONAL
HERITAGE AREA
PART A—CANE RIVER CREOLE NATIONAL HISTORICAL
PARK
410ccc.
410ccc–1.
410ccc–2.
410ccc–3.
410ccc–4.

Findings and purposes.
Establishment.
Administration.
Acquisition of property.
General management plan.

PART B—CANE RIVER NATIONAL HERITAGE AREA
410ccc–21.
410ccc–22.

Establishment.
Cane River National Heritage Area Commission.
410ccc–23.
Preparation of plan.
410ccc–24.
Termination of Heritage Area Commission.
410ccc–25.
Duties of other Federal agencies.
410ccc–26.
Authorization of appropriations.
SUBCHAPTER LIX–BB—NEW BEDFORD WHALING
NATIONAL HISTORICAL PARK
410ddd.

New Bedford Whaling National Historical Park.
SUBCHAPTER LIX–CC—ADAMS NATIONAL
HISTORICAL PARK

410eee.
Findings and purposes.
410eee–1.
Definitions.
410eee–2.
Adams National Historical Park.
410eee–3.
Administration.
410eee–4.
Authorization of appropriations.
SUBCHAPTER LIX–DD—BLACK CANYON OF THE
GUNNISON NATIONAL PARK AND GUNNISON
GORGE NATIONAL CONSERVATION AREA
410fff.

Findings.

TITLE 16—CONSERVATION
Sec.

Page 16

Sec.

410fff–1.
410fff–2.
410fff–3.
410fff–4.
410fff–5.
410fff–6.
410fff–7.
410fff–8.
410fff–9.
410fff–10.

Definitions.
Establishment of Black Canyon of the
Gunnison National Park.
Acquisition of property and minor
boundary adjustments.
Expansion of the Black Canyon of the
Gunnison Wilderness.
Establishment of the Gunnison Gorge
National Conservation Area.
Designation of Wilderness within the
Conservation Area.
Withdrawal.
Water rights.
Study of lands within and adjacent to
Curecanti National Recreation Area.
Authorization of appropriations.

SUBCHAPTER
LIX–EE—ROSIE
THE
RIVETER/
WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK
410ggg.
410ggg–1.
410ggg–2.
410ggg–3.

Rosie the Riveter/World War II Home
Front National Historical Park.
Administration of the National Historical Park.
World War II home front study.
Authorization of appropriations.

SUBCHAPTER LIX–FF—GREAT SAND DUNES
NATIONAL PARK AND PRESERVE
410hhh.
410hhh–1.
410hhh–2.
410hhh–3.
410hhh–4.
410hhh–5.
410hhh–6.
410hhh–7.
410hhh–8.
410hhh–9.

Findings.
Definitions.
Great Sand Dunes National Park, Colorado.
Great Sand Dunes National Preserve,
Colorado.
Baca National Wildlife Refuge, Colorado.
Administration of national park and preserve.
Acquisition of property and boundary adjustments.
Water rights.
Advisory Council.
Authorization of appropriations.

SUBCHAPTER LIX–GG—CEDAR CREEK AND BELLE
GROVE NATIONAL HISTORICAL PARK
410iii.
410iii–1.
410iii–2.
410iii–3.
410iii–4.
410iii–5.
410iii–6.
410iii–7.
410iii–8.
410iii–9.
410iii–10.
410iii–11.
410iii–12.

Purpose.
Findings.
Definitions.
Establishment of Cedar Creek and Belle
Grove National Historical Park.
Acquisition of property.
Administration.
Management of Park.
Cedar Creek and Belle Grove National
Historical Park Advisory Commission.
Conservation of Cedar Creek and Belle
Grove National Historical Park.
Endowment.
Cooperative agreements.
Roles of key partner organizations.
Authorization of appropriations.

SUBCHAPTER LIX–HH—CONGAREE NATIONAL
PARK
410jjj.
410jjj–1.
410jjj–2.
410jjj–3.
410jjj–4.

Establishment.
Acquisition of lands.
Administration.
Report.
Authorization of appropriations; general
management plan.

SUBCHAPTER LIX–II—LEWIS AND CLARK
NATIONAL HISTORICAL PARK
410kkk.
410kkk–1.
410kkk–2.
410kkk–3.

Definitions.
Lewis and Clark National Historical
Park.
Administration.
References.

410kkk–4.
410kkk–5.

Private property protection.
Authorization of appropriations.

SUBCHAPTER LIX–JJ—PATERSON GREAT FALLS
NATIONAL HISTORICAL PARK
410lll.

Paterson Great Falls National Historical
Park, New Jersey.
SUBCHAPTER LIX–KK—THOMAS EDISON
NATIONAL HISTORICAL PARK

410mmm.

Thomas Edison National
Park, New Jersey.

Historical

SUBCHAPTER LIX–LL—PALO ALTO BATTLEFIELD
NATIONAL HISTORICAL PARK
410nnn.
410nnn–1.
410nnn–2.
410nnn–3.
410nnn–4.
410nnn–5.
410nnn–6.

Findings.
Palo Alto Battlefield National Historical
Park.
Administration.
Land acquisition.
Cooperative agreements.
Management plan.
Authorization of appropriations.

SUBCHAPTER LX—NATIONAL MILITARY PARKS
411.
412.
413.
414.
415.
416.
417 to 419.
420.

421.
422.
422a.
422a–1.
422a–2.
422b.
422c.
422d.
423.
423a.
423a–1.
423a–2.
423b.
423c.
423d.
423e.
423f.
423g.
423h.
423h–1.
423h–2.
423h–3.
423i to 423l.
423l–1.
423l–2.
423l–3.
423l–4.
423l–5.
423l–6.
423m.
423n.

Military maneuvers.
Camps for military instruction; regulations for militia.
Offenses relating to structures and vegetation.
Trespassing for hunting, or shooting.
Repealed.
Refusal to surrender leased land; recovery.
Omitted, Repealed, or Transferred.
Rights-of-way through military and
other reservations for power and communications facilities.
Vacancies occurring in commissions in
charge of parks not to be filled.
Moores Creek National Battlefield; establishment.
Acceptance of lands.
Acquisition of property.
Authorization of appropriations.
Duties of Secretary of the Interior.
Ascertaining and marking of lines of
battle.
Monuments, etc., protected.
Petersburg National Battlefield; establishment.
Acceptance of donations of lands.
Addition of lands.
Adjustment of boundary.
Commission; organization.
Duties of commission.
Acceptance and disposition of gifts.
Ascertaining and marking lines of battle.
Protection of monuments, etc.
Rules and regulations.
Report of completion; superintendent of
battlefield.
Redesignation of park.
Acquisition of lands; publication in Federal Register; administration.
Authorization of appropriation.
Omitted or Repealed.
Short title; definitions.
Findings and purpose.
Richmond National Battlefield Park;
boundaries.
Land acquisition.
Park administration.
Authorization of appropriations.
Eutaw Springs Battlefield Site; establishment; purpose.
Acceptance of lands and funds; acquisition of lands.

Page 17

TITLE 16—CONSERVATION

Sec.

423o.
424.
424–1.
424a.
424a–1.
424a–2.
424a–3.
424a–4.
424b.
424c.
425.
425a.
425b.
425c.
425d.
425e.
425f.
425g.
425h.
425i.
425j.
425k.
425l.
425m.
425n.
425o.
426.
426a.
426b.
426c.
426d.

426e.
426f.
426g.
426h.
426i.
426j.
426k.
426l.
426m.
426n.
426o.
426o–1.
426p.
427.
427a.
428.

428a.
428b.
428c.

Sec.

Administration, protection, and development.
Chickamauga and Chattanooga National
Military Park.
Acquisition of land.
Acceptance of donations of lands.
Acceptance of donations of lands and
other property on Signal Mountain.
Conveyance of portion of park to Georgia.
Addition of surplus Government lands;
publication of notice; effective date.
Repealed.
Application of laws to donated lands.
Moccasin Bend National Archeological
District.
Fredericksburg and Spotsylvania County
Battle Fields Memorial; establishment.
Acquisition of lands.
Leasing lands for memorial.
Commission; organization.
Duties of commission.
Acceptance and distribution of gifts.
Ascertaining and marking lines of battle.
Protection of monuments, etc.
Rules and regulations.
Report of completion of acquisition of
land and work of commission; superintendent of park.
Authorization of appropriation.
Revision of park boundaries.
Acquisitions and conveyances.
Retained rights.
Interpretation.
Authorization of appropriations.
Stones River National Battlefield; establishment; appointment of commission.
Qualifications of members of commission.
Duties of commission.
Assistants to commission; expenses of
commission.
Receipt of report of commission by Secretary of the Interior; acquisition of
land for battlefield; other duties of
Secretary.
Lands acquired declared national battlefield; name.
Control of battlefield, regulations.
Occupation of lands by former owners.
Ascertaining and marking lines of battle.
Protection of monuments, etc.
Authorization of appropriation; fixing of
boundaries as condition to purchase of
lands.
Acquisition of additional lands.
Redesignation; availability of appropriations.
Administration, protection, and development.
Boundary revision of Stones River National Battlefield.
Agreement with Murfreesboro, Tennessee, respecting battlefield.
Planning.
Authorization of appropriations.
Site of battle with Sioux Indians; purchase; erection of monument.
Omitted.
Fort Donelson National Battlefield; establishment; appointment of commission.
Qualifications of members of commission.
Duties of commission.
Assistants to commission; expenses of
commission.

428d.

428d–1.
428d–2.
428d–3.
428e.
428f.
428g.
428h.
428i.
428j.
428k.
428l.
428m.
428n.
428o.
428p.
428p–1.
428p–2.
429.
429a.
429a–1.
429a–2.
429b.
429b–1.
429b–2.
429b–3.
429b–4.
429b–5.
430.
430a.
430a–1.
430a–2.
430a–3.
430b.
430c.
430d.
430e.
430f.
430f–1.
430f–2.
430f–3.
430f–4.
430f–5.
430f–6.
430f–7.
430f–8.
430f–9.
430f–10.
430f–11.
430f–12.
430g.
430g–1.
430g–2.

Receipt of report of commission by Secretary of the Interior; acquisition of
land for battlefield; other duties of
Secretary.
Acquisition of additional lands.
Acceptance of donations by Secretary of
the Interior.
Administration, protection, and development.
Lands acquired declared national battlefield; name.
Control of battlefield; regulations.
Occupation of lands by former owners.
Ascertaining and marking line of battle.
Protection of monuments, etc.
Omitted.
Addition of lands.
Acquisition of lands; agreement for
transfer of jurisdiction.
Authorization of appropriation.
Change in name to Fort Donelson National Battlefield.
Administration, protection, and development.
Fort Donelson National Battlefield.
Land acquisition related to Fort
Donelson National Battlefield.
Administration of Fort Donelson National Battlefield.
Brices Cross Roads and Tupelo battlefields in Mississippi; establishment.
Jurisdiction and control; authorization
of annual appropriation.
Tupelo National Battlefield; acquisition
of additional lands.
Change in name to Tupelo National Battlefield; administration.
Manassas National Battlefield Park.
Acquisition and use of lands.
Retention of right of use and occupation
of improved property by owner.
Definitions.
Funds from Land and Water Conservation Fund.
Funding limitations; contracting authority, etc.
Kings Mountain National Military Park;
establishment.
Acquisition of land.
Revision of boundaries.
Acquisition of lands within revised
boundary.
Applicability of laws and regulations to
acquired lands and interests therein.
Control; regulations for care and management.
Permits to occupy land.
Repair of roads; historical markers.
Monuments and tablets within park; approval.
Shiloh National Military Park.
Conveyance of lands.
Conveyance of right-of-way; construction and maintenance of roadways.
Conveyance of lands for recreational
area; development and use.
Jurisdiction of lands.
Siege and Battle of Corinth.
Corinth Unit of the Shiloh National
Military Park; findings and purposes.
Definitions.
Establishment of Unit.
Land acquisition.
Park management and administration.
Repealed.
Authorization of appropriations.
Gettysburg National Military Park.
Exchange of lands.
Exchange of lands.

TITLE 16—CONSERVATION
Sec.

430g–3.
430g–4.
430g–5.
430g–6.
430g–7.
430g–8.
430g–9.
430g–10.
430h.
430h–1.
430h–2.
430h–3.
430h–4.
430h–5.
430h–6.
430h–7.
430h–8.
430h–9.
430h–10.
430h–11.
430h–12.
430h–13.
430i.
430j.
430k.
430l.
430m.
430n.
430o.
430p.
430q.
430r.
430s.
430t.
430u.
430v.
430w.
430x.
430y.
430z.
430z–1.
430z–2.
430z–3.
430aa.
430bb.
430cc.
430dd.
430ee.
430ff.
430gg.
430hh.
430ii.

Page 18

Sec.

Donation of non-Federal lands.
Gettysburg National Military Park
boundary revision.
Acquisition and disposal of lands.
Agreements with respect to monuments
and tablets located outside park
boundary.
Conservation within Gettysburg Battlefield historic district.
Advisory Commission.
Interpretation.
Authorization of appropriations.
Vicksburg National Military Park.
Donations of land and property.
Exchange of certain lands authorized.
Consolidation of lands and installation
of park tour road.
Jurisdiction over lands and roads.
Authorization of appropriations.
Addition of lands to Vicksburg National
Military Park.
Exclusion of lands from park.
Park interpretation.
Authorization of appropriations.
Boundary modification.
Acquisition of property.
Administration.
Authorization of appropriations.
Guilford Courthouse National Military
Park.
Monocacy National Battlefield; establishment.
Condemnation proceedings; purchase
without condemnation; acceptance of
donations of land.
Leases with preceding owners of acquired lands; conditions.
Administration.
Repealed.
Gifts and donations; acceptance by Secretary.
Right of States to enter and mark battle
lines.
Offenses.
Rules and regulations.
Authorization of appropriations.
Kennesaw Mountain National Battlefield
Park; establishment.
Donations of land; purchase and condemnation.
Monuments and memorials; regulations;
historical markers.
Administration, protection, and development.
Authorization of appropriations; authorization to expand boundaries.
Spanish War Memorial Park; establishment.
Monument within park; construction authorized.
Landscaping park; employment of architects and engineers.
Memorials within park; erection authorized.
Administration, protection, and development.
Pea Ridge National Military Park; establishment.
Determination of desirable areas.
Administration, protection, and development; improvements.
Dedication.
Authorization of appropriations.
Horseshoe Bend National Military Park;
establishment.
Determination of desirable areas.
Administration, protection, and development; improvements.
Dedication.

430jj.
430kk.

Authorization of appropriations.
Wilson’s Creek National Battlefield: establishment and acquisition of lands.
430ll.
Designation.
430mm.
Authorization of appropriations.
430nn.
Antietam Battlefield site; acquisition of
lands, buildings, structures, and other
property.
430oo.
Acquisition of lands for preservation,
protection and improvement; limitation.
430pp.
Fort Necessity National Battlefield; acquisition of land.
430qq.
Exchange of lands.
430rr.
Change in name to Fort Necessity National Battlefield.
430ss.
Administration, protection, and development.
430tt.
Authorization of appropriation.
430uu.
Big Hole National Battlefield; redesignation of monument.
430uu–1.
Revision of boundaries.
430uu–2.
Acquisition of land; exclusion from
Beaverhead National Forest; administration.
430uu–3.
Jurisdiction.
430uu–4.
Authorization of appropriation.
430vv.
River Raisin National Battlefield Park.
SUBCHAPTER LXI—NATIONAL AND
INTERNATIONAL MONUMENTS AND MEMORIALS
431.
431a.
432.
433.
433a.
433b.
433c.
433d, 433e.
433f.
433f–1.

433g.
433h.
433h–1.
433i.
433j.
433k.

433k–1.
433l.
433m.
433n.
434.
435.
436.
437.
438.
439.
440.
440a.
441.

National monuments; reservation of
lands;
relinquishment
of
private
claims.
Limitation on further extension or establishment of national monuments in
Wyoming.
Permits to examine ruins, excavations,
and gathering of objects; regulations.
American antiquities.
Perry’s Victory and International Peace
Memorial; establishment.
Administration, protection, and development.
Acceptance of donations of lands and
funds; acquisition of land.
Repealed.
Inconsistent laws repealed.
Change in name of Perry’s Victory and
International Peace Memorial National Monument.
Fort Frederica National Monument; establishment.
Donation of property; acquisition of
lands.
Acquisition of additional lands.
Museum; historical markers.
Administration, protection, and development.
Whitman Mission National Historic Site;
acquisition of land; establishment, supervision and maintenance.
Acquisition of additional land.
Erection of monuments and tablets.
Authorization of appropriation.
Change in name of Whitman National
Monument.
National monument in Riverside County, California.
Acquiring reservation land.
Omitted.
Fort McHenry; restoration and preservation.
Repairs and improvements; how made.
Land for use of Secretary of the Treasury.
Closure in times of national emergency.
Change in name of Fort McHenry Park.
Badlands National Park; establishment.

Page 19

TITLE 16—CONSERVATION

Sec.

441a.
441b.
441c.
441d.
441e.
441e–1.
441f.
441g.
441h.
441i.
441j.
441k.
441l.

441m.

441n.

441o.

442.
443 to 443f.
444.
444a.
445.
445a.
445b.
445c.
445d.

446.
447.
447a.
447b.
447c.
448.
449.
450.
450a.
450b to 450e.
450e–1.
450f to 450k.
450l.
450m.

Sec.

Boundaries.
Construction of highway by State of
South Dakota.
Administration, protection, and promotion; franchises for hotel and lodge
accommodations.
Examinations, excavations, and gathering of objects of interest within park.
Effective date of sections 441 to 441d.
Change in name of Badlands National
Monument.
Adjustment and redefinition of boundaries.
Orders to effectuate revision of boundaries; publication.
Jurisdiction of mining and mineral
rights; patents.
Exchanges of land.
Revision of boundaries.
Acquisition of property for park.
Exchange of lands; transfer from Federal
agency to administrative jurisdiction
of Secretary; terms and conditions of
purchase.
Disposition of excess gunnery range
lands and reservation lands; purchase;
terms and conditions; life estates and
use restrictions.
Lands outside gunnery range; exchange
of lands; reservation of mineral rights;
grazing and mineral development
rights of Indians; execution of instruments; trust title.
Facilities for interpretation of park and
history of Sioux Nation; conveyance of
reservation lands; submission of terms
to Congressional committees.
George Washington Birthplace National
Monument.
Transferred.
Petrified Forest National Monument;
elimination of private holdings of land
within boundaries; exchange of lands.
Ascertainment of value of lands offered
for exchange; evidence of title.
Canyon De Chelly National Monument;
establishment; boundaries.
Rights and privileges of Navajo Indians
in canyons.
Administration by National Park Service; powers and duties.
Pipestone National Monument.
Acquisition of additional lands, Pipestone School Reserve and non-Federal
land; redefining of boundaries; quarry
rights of Indians.
Sites for tablets at Antietam; care and
supervision.
Repealed.
Ocmulgee National Monument; establishment; acquisition of property.
Donation of property; condemnation proceedings.
Administration, protection, and development.
Pioneer National Monument; establishment.
Acceptance of donations of land and
funds; acquisition of land.
Administration, protection, and development.
Chalmette, Louisiana, Monument.
Repealed.
Appomattox Court House National Historical Park.
Repealed.
Fort Stanwix National Monument; establishment.
Acceptance of donations of lands and
funds; acquisition of land.

450n.
450o.
450p.
450q.
450r.
450s.
450t.
450u.
450v.
450w.
450x.
450y.
450y–1.
450y–2.
450y–3.
450y–4.
450y–5.
450y–6.
450y–7.
450z.
450aa.
450aa–1.
450aa–2.
450bb.
450bb–1.
450bb–2.
450bb–3.
450bb–4.
450bb–5.
450bb–6.
450cc.
450cc–1.
450dd.
450dd–1.
450ee.
450ee–1.
450ff.
450ff–1.
450ff–2.
450ff–3.
450ff–4.
450ff–5.
450ff–6.
450gg to
450hh.
450hh–1.
450hh–2.
450ii.
450ii–1.
450ii–2.

Administration, protection, and development.
Andrew Johnson National Historic Site;
authorization.
Acquisition of property; donations.
Administration, protection, and development.
Ackia Battleground National Monument;
establishment.
Omitted.
Administration, protection, and development.
Homestead National Monument of America; establishment.
Omitted.
Administration; establishment of museum.
Authorization of annual appropriations.
Coronado National Memorial; establishment.
Administration.
Grazing within memorial area.
Construction of fences.
Acquisition of property; donations.
Revision of boundaries.
Acquisition of lands; administration.
Authorization of appropriations.
Repealed.
George Washington Carver National
Monument; acquisition of land.
Establishment and supervision.
Maintenance of museum; construction of
roads and use of markers.
Harpers Ferry National Historical Park.
Administration.
Maintenance of museum; acceptance of
museum articles; construction of
roads, etc.
Acquisition of additional lands.
Acceptance and purchase of lands and
improvements; payment; exchange of
lands.
Authorization of appropriations.
Change in name of Harpers Ferry National Monument.
Castle Clinton National Monument; establishment.
Administration, protection, and development.
De Soto National Memorial; establishment.
Administration.
Fort Sumter National Monument; establishment.
Administration.
Fort Vancouver National Historic Site;
establishment.
Size of site; effective date; additional
lands.
Administration, protection, and development.
Revision of boundaries.
Acquisition of lands.
Administrative jurisdiction of Federal
lands.
Change in name of Fort Vancouver National Monument.
450gg–3. Repealed.
Saint Croix Island International Historic
Site; establishment; acceptance of
land; size.
Designation; acquisition of additional
lands; lands excluded.
Administration.
Joshua Tree National Monument; revision of boundaries.
Excluded lands opened to entry under
mining laws.
Continuation of leases, permits, and licenses.

TITLE 16—CONSERVATION

Page 20

Sec.

Sec.

450ii–3.
450jj.

450ss–4.
Repealed.
450ss–5.
Limitations on funding.
450ss–6, 450ss–7. Repealed.
SUBCHAPTER LXII—MISCELLANEOUS

Survey and report of mineral value.
Jefferson National Expansion Memorial;
authorization.
450jj–1.
Construction of memorial.
450jj–2.
Railroad agreement as condition precedent to undertaking memorial project.
450jj–3.
Designation of additional land by Secretary; manner of acquiring additional
land.
450jj–4.
Transfer of land.
450jj–5.
Administration of Memorial; cooperation with State and local governments
and private sector.
450jj–6.
Jefferson National Expansion Memorial
Commission.
450jj–7.
Development and management plan for
East Saint Louis, Illinois, portion of
Memorial.
450jj–8.
Repealed.
450jj–9.
Activities in Memorial area pending submission of plan.
450kk.
Fort Union National Monument; acquisition of site and other lands; reversions
and reservations.
450kk–1.
Establishment; publication in Federal
Register; additional properties.
450ll.
Booker T. Washington National Monument; acquisition of site.
450ll–1.
Establishment and supervision.
450ll–2.
Maintenance of museum; provision for
parks, construction of roads and use of
markers.
450ll–3.
Additional lands.
450mm to 450mm–3. Repealed.
450nn.
General Grant National Memorial; establishment.
450oo.
Grand Portage National Monument; establishment; effective date.
450oo–1.
Acceptance of donations of land; instruments of relinquishment; life assignments.
450oo–2.
Procurement of other lands within
monument.
450oo–3.
Visitor accommodations and services.
450oo–4.
Employment preferences.
450oo–5.
Production and sale of handicraft objects; noninterference with trade or
business outside monument.
450oo–6.
Traversing privileges; regulations.
450oo–7.
Docking facilities.
450oo–8.
Advisory assistance for developments
upon adjacent lands.
450oo–9.
Administration, protection, and development.
450oo–10.
Reversion upon abandonment.
450pp.
Roger Williams National Memorial; acquisition of site.
450pp–1.
Establishment; notice of establishment;
administration.
450pp–2.
Cooperation with city of Providence and
local historical and preservation societies.
450pp–3.
Authorization of appropriations.
450qq to 450qq–4. Omitted.
450rr.
R.M.S. Titanic; international maritime
memorial; findings and purposes.
450rr–1.
Definitions.
450rr–2.
Commendation.
450rr–3.
International guidelines.
450rr–4.
International agreement.
450rr–5.
Sense of Congress regarding conduct of
future activities.
450rr–6.
Disclaimer
of
extraterritorial
sovereignty.
450ss.
Findings and purposes.
450ss–1.
Definitions.
450ss–2.
Oklahoma City National Memorial.
450ss–3.
Transfer of Memorial property, rights,
authorities, and duties.

451.
451a.

Repealed.
Limitation on further extension or establishment of national parks in Wyoming.
452.
Revenues of national parks covered into
Treasury; estimates for care of parks.
452a.
Acquisition of non-Federal land within
existing boundaries of any National
Park; donations; authorization of appropriations.
453.
Donations of land for park purposes near
or adjacent to National Forest Reserve
in North Carolina.
454.
Repealed.
455.
Study of battlefields for commemorative
purposes.
455a.
Report to Congress.
455b.
Inclusion of estimate of cost of projected
surveys in appropriation estimates.
455c.
Purchase of real estate for military
park.
456.
Expense of depositing money payable
from appropriations.
456a.
Collections and pay-roll deductions for
meals and quarters.
457.
Action for death or personal injury within national park or other place under
jurisdiction of United States; application of State laws.
458.
Travel expenses incident to study of battlefields; payment.
458a.
Mats for reproduction in magazines and
newspapers of photographs of scenery.
SUBCHAPTER LXIII—NATIONAL SEASHORE
RECREATIONAL AREAS
459.
459a.
459a–1.
459a–2.
459a–3.
459a–4.
459a–5.
459a–5a.
459a–6.
459a–7.
459a–8.
459a–9.

459a–10.
459b.
459b–1.
459b–2.
459b–3.
459b–4.
459b–5.
459b–6.
459b–7.

Cape Hatteras National Seashore Recreational Area; conditional establishment; acquisition of lands.
Acceptance of donations; acquisition of
property by purchase and condemnation.
Administration, protection, and development; commercial fishing by residents;
hunting.
Preservation of natural features; acquisition of additional property; reversion
of property on failure of conditions.
Migratory bird refuges not to be affected.
Omitted.
Addition of lands; Naval Amphibious
Training Station.
Addition of lands; Hatteras.
Acquisition of non-Federal land within
boundaries of recreational area.
Availability of appropriations.
Limitation on expenditure.
Conveyance of land for improvement
with public health facility; reversion;
consideration; status of property upon
transfer of title.
Transfer of Ocracoke Light Station to
Secretary of the Interior.
Cape Cod National Seashore; description
of area.
Acquisition of property.
Establishment.
Acquisition by condemnation.
Zoning regulations.
Certificate of suspension of authority for
acquisition by condemnation.
Administration of acquired property.
Cape Cod National Seashore Advisory
Commission.

Page 21

TITLE 16—CONSERVATION

Sec.

459b–8.
459c.
459c–1.
459c–2.
459c–3.
459c–4.
459c–5.
459c–6.
459c–6a.
459c–6b.
459c–7.
459d.
459d–1.
459d–2.
459d–3.
459d–4.
459d–5.
459d–6.
459d–7.
459e.
459e–1.
459e–2.
459e–3.
459e–4.
459e–5.
459e–6.
459e–7.
459e–8.
459e–9.
459e–10.
459e–11.
459e–12.
459f.
459f–1.
459f–2.
459f–3.
459f–4.
459f–5.
459f–6.
459f–7.
459f–8.
459f–9.
459f–10.
459f–11.
459g.
459g–1.
459g–2.

Sec.

Authorization of appropriations.
Point Reyes National Seashore; purposes; authorization for establishment.
Description of area.
Acquisition of property.
Repealed.
Point Reyes National Seashore.
Owner’s reservation of right of use and
occupancy for fixed term of years or
life.
Administration of property.
The Clem Miller Environmental Education Center; designation.
Cooperation with utilities district; land
use and occupancy; terms and conditions.
Authorization of appropriations; restriction on use of land.
Padre Island National Seashore; description of land and waters.
Acquisition of property.
Establishment.
Reservation of oil, gas, and other minerals.
Administration; utilization of authority
for conservation and management of
natural resources.
Roadways to access highways from
mainland.
Aerial gunnery and bombing range
agreements of Secretary of the Interior and Secretary of the Navy.
Authorization of appropriations.
Fire Island National Seashore.
Acquisition of property.
Zoning regulations.
Retention by owner of right of use and
occupancy of improved property for
residential purposes.
Hunting and fishing regulations.
Acceptance of donations.
Administration, protection, and development.
Shore erosion control or beach protection measures; Fire Island inlet.
Omitted.
Authorization of appropriations.
Authority to accept donation of William
Floyd Estate.
Authority to accept donation of main
dwelling on William Floyd Estate;
lease-back of donated property.
Administration of property of William
Floyd Estate; detached unit.
Assateague Island National Seashore;
purposes; description of area.
Acquisition of property.
Compensation for bridge construction
costs; acquisition of land for park purposes.
Establishment of Seashore; notice in
Federal Register.
Hunting and fishing provisions.
Administration of Seashore.
Repealed.
Beach erosion control and hurricane protection.
Repealed.
Public utility facilities; purchase of facilities without value to utility;
amount of payment.
Authorization of appropriations.
Comprehensive plan for protection, management, and use of seashore.
Cape Lookout National Seashore; purposes; authorization for establishment;
description of area.
Acquisition of property.
Establishment; notice in Federal Register; copies to Congress.

459g–3.
459g–4.

459g–5.
459g–6.
459g–7.
459h.
459h–1.
459h–2.
459h–3.
459h–4.

459h–5.

459h–6.

459h–7.

459h–8.
459h–9.

459h–10.
459i.

459i–1.

459i–2.
459i–3.
459i–4.
459i–5.
459i–6.
459i–7.
459i–8.
459i–9.
459j.
459j–1.

459j–2.
459j–3.

Hunting and fishing provisions.
Administration; public outdoor recreation and enjoyment; utilization of authorities for conservation and development of natural resources.
Shore erosion control or beach protection measures.
Preservation and designation as wilderness; review of area by Secretary; report to President.
Authorization of appropriations; master
plan to Congressional committees;
time; contents.
Gulf Islands National Seashore.
Acquisition of property.
Designation of hunting and fishing
zones; regulation of maritime activities.
Rights-of-way or easements for transportation of oil and gas minerals.
Administration of seashore; conservation and management of wildlife and
natural resources; authority to designate areas as national historic sites;
agreements.
Beach erosion control and hurricane protection; study and formulation of
plans; activities by Chief of Engineers,
Department of Army.
Transfer of Horn Island and Petit Bois
National Wildlife Refuges from National Wildlife Refuge System; administration.
Preservation of any area as wilderness;
study and report to President; procedure for designation of any area as a
wilderness.
Authority of Department of Army or
Chief of Engineers over navigation or
related matters.
Gulf Islands National Seashore Advisory
Commission; establishment; termination; membership; term; Chairman;
compensation and payment of expenses; consultation by Secretary.
Authorization of appropriations.
Cumberland Island National Seashore;
establishment; boundary revisions: notification of Congressional committees, publication in Federal Register.
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.
Cumberland Island Parkway; right-ofway; administration; regulations.
Acquisition of property.
Hunting and fishing.
Administration, protection, and development.
State and local jurisdiction.
Water resource developments.
Report to President.
Authorization of appropriations.
Canaveral National Seashore; establishment; boundary; boundary revisions;
limitation on area.
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.
Improved property.
Designation of hunting, fishing and trapping zones; regulations; consultation
with appropriate State agencies.

TITLE 16—CONSERVATION
Sec.

Page 22

Sec.

459j–4.

Administration, protection, and development.

459j–5.

Canaveral National Seashore Advisory
Commission.

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.
Report to President.
Authorization of appropriations; reports
to Congressional committees.

459j–7.
459j–8.

460b, 460c.

460d.

460d–1.

SUBCHAPTER LXIV—RECREATIONAL
DEMONSTRATION PROJECTS
459r.
459s.
459t.

459u.

Disposition of recreational demonstration projects.
Lands for certain projects added to certain projects.
Secretary of the Interior authorized to
execute deeds and leases for project
lands; inclusion of conditional covenants.
Exchange of recreational demonstration
project lands by grantee.

SUBCHAPTER LXV—NATIONAL PARKWAYS
460.
460–1.

460a.
460a–1.
460a–2.
460a–3.
460a–4.
460a–5.
460a–6.

460a–7.

460a–8.
460a–9.

460a–10.
460a–11.

Natchez Trace Parkway.
Inclusion of Ackia Battleground National Monument and Meriwether
Lewis National Monument.
Licenses or permits for right-of-way over
parkway lands.
Acceptance of lands conveyed for Blue
Ridge or Natchez Trace Parkways.
Blue Ridge Parkway; establishment; administration and maintenance.
Licenses or permits to owners of adjacent lands.
Transfer of jurisdiction to Secretary of
Agriculture; national forest lands.
Acquisition of land contiguous to Blue
Ridge or Natchez Trace Parkways.
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.
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.
Licenses or permits for rights-of-way
over parkway lands.
Part of Blue Ridge Parkway; administration and maintenance of parkway extension.
Transfer of national forest lands to Secretary of Agriculture.
Authorization of appropriations.

Repealed.

SUBCHAPTER LXVI—PUBLIC PARK AND RECREATIONAL FACILITIES AT WATER RESOURCE
DEVELOPMENT PROJECTS

460d–2.
460d–3.
460d–3a.

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.
Rentals or other considerations in leases
for construction, maintenance, and operation of commercial recreational facilities; adjustment by Chief of Engineers.
Adjustment by Secretary of Agriculture.
Recreational user fees.
Contracts to provide visitor reservation
services.

SUBCHAPTER LXVII—COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR AREAS
460e.
460f.
460g.
460h.
460i.
460j.

Authorization for sale of public lands;
rights of lessee.
Notice and method of sale; price; conveyance.
Transfer to State, etc., for roadway purposes.
Costs of surveys or relocation of boundaries.
Delegation of powers; regulations.
Disposition of proceeds.

SUBCHAPTER LXVIII—NATIONAL CONSERVATION
RECREATIONAL AREAS
460k.

460k–1.
460k–2.

460k–3.
460k–4.

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.
Acquisition of lands for recreational development; funds.
Cooperation with agencies, organizations
and individuals; acceptance of donations; restrictive covenants.
Charges and fees; permits; regulations;
penalties; enforcement.
Authorization of appropriations.

SUBCHAPTER LXIX—OUTDOOR RECREATION
PROGRAMS
PART A—COORDINATION OF PROGRAMS
460l.
460l–1.
460l–2.

460l–3.

Congressional findings and declaration
of policy.
Powers and duties of Secretary of the Interior.
Consultations of Secretary of the Interior with administrative officers; execution of administrative responsibilities in conformity with nationwide
plan.
Definitions.

PART B—LAND AND WATER CONSERVATION FUND
460l–4.
460l–5.

460l–5a.

Land and water conservation provisions;
statement of purposes.
Land and water conservation fund; establishment; covering certain revenues
and collections into fund.
Repealed.

Page 23

TITLE 16—CONSERVATION

Sec.

460l–6.

460l–6a.
460l–6b.
460l–6c.
460l–6d.
460l–7.
460l–8.
460l–9.
460l–10.

460l–10a.
460l–10b.
460l–10c.
460l–10d.
460l–10e.
460l–11.

Sec.

Appropriations for expenditure of land
and water conservation fund moneys;
transfers to miscellaneous receipts of
Treasury.
Admission and special recreation use
fees.
Repealed.
Admission, entrance, and recreation
fees.
Commercial filming.
Allocation of land and water conservation fund for State and Federal purposes.
Financial assistance to States.
Allocation of land and water conservation fund moneys for Federal purposes.
Availability of land and water conservation fund for publicity purposes; standardized temporary signing; standards
and guidelines.
Contracts for acquisition of lands and
waters.
Contracts for options to acquire lands
and waters in national park system.
Repeal of provisions prohibiting collection of recreation fees or user charges.
Review and report; submittal to Congressional committees; contents.
Advisory Commission on water-based
recreation.
Transfers to and from land and water
conservation fund.

460m–3.

460m–4.
460m–5.
460m–6.
460m–7.

SUBCHAPTER LXXI—BUFFALO NATIONAL RIVER
460m–8.
460m–9.
460m–10.
460m–11.
460m–12.
460m–13.

460m–14.

460l–13.
460l–14.
460l–15.
460l–16.
460l–17.
460l–18.
460l–19.
460l–20.

460l–21.

Recreation and fish and wildlife benefits
of Federal multiple-purpose water resources projects; Congressional declaration of policy.
Non-Federal administration of project
land and water areas.
Facilities or project modifications to be
provided without written indication of
intent.
Lease of facilities and lands to non-Federal public bodies.
Postauthorization
development
of
projects without allocation or reallocation of costs.
Miscellaneous provisions.
Authority of Secretary of the Interior.
Feasibility reports.
Construction of projects under certain
laws with allocations to recreation and
fish and wildlife enhancement exceeding allocations to other functions unauthorized; exception.
Definitions.

460m–15.

460m–16.
460m–17.
460m–18.

460m–19.
460m–20.
460m–21.
460m–22.
460m–23.
460m–24.
460m–25.
460m–26.
460m–27.
460m–28.
460m–29.
460m–29a.
460m–30.

Conveyance of property and interests in
property in national park system and
miscellaneous areas.

460n.
460n–1.

460n–2.

PART E—RECLAMATION RECREATION MANAGEMENT
460l–31.
460l–32.
460l–33.
460l–34.

Findings.
Definitions.
Management of reclamation lands.
Protection of authorized purposes of reclamation projects.
SUBCHAPTER LXX—OZARK NATIONAL SCENIC
RIVERWAYS

460m.
460m–1.

460m–2.

Establishment.
Acquisition of lands, easements, etc.; exchange of lands; consent of State; reversion to State; administrative jurisdiction of Federal lands or waters.
Reservation of use and occupancy of improved property for noncommercial
residential purposes; term; valuation.

Establishment; administration, protection, and development; utilization of
other authorities; boundary description, availability for public inspection.
Acquisition of property.
Lands and areas plan; submission to Congressional committees.
Zoning laws and ordinances; establishment; assistance; restrictions; variances.
Mineral lands.
Hunting and fishing zones; designation;
rules and regulations, consultation.
Project work prohibition; advisement to
Secretary; report to Congress.
General management plan; submission
to Congressional committees.
Cooperation.
Class I or class II redesignation for clean
air purposes.
Authorization of appropriations.
Cooperative agreements with State.
Improvement of access at Cunard.
Flow management.
Glade Creek visitor facility.
New River Gorge and Gauley River Visitor Center.
Applicable provisions of other law.

SUBCHAPTER LXXII—LAKE MEAD NATIONAL
RECREATION AREA

PART D—LAND TRANSFERS
460l–22.

Establishment.
Acquisition of lands and waters.
Hunting and fishing; rules and regulations.
Water resource projects.
Administration, protection, and development.
Suitability for preservation as a wilderness; area review and report to President.
Authorization of appropriations.

SUBCHAPTER LXXI–A—NEW RIVER GORGE
NATIONAL RIVER

PART C—WATER RESOURCES PROJECTS
460l–12.

Establishment; notice in Federal Register; alteration of boundaries; acreage
limitation.
Cooperative land development programs;
hunting and fishing.
Administration.
Free-roaming horses.
Authorization of appropriations.

460n–3.
460n–4.
460n–5.
460n–6.
460n–7.
460n–8.
460n–9.

Administration.
Boundaries of area; filing of map with
Federal Register; revision; donations
of land; property acquisition and exclusion.
Hualapai Indian lands; inclusion within
area; mineral rights; leases and permits; hunting and fishing rights.
Purposes and uses of area.
Hunting, fishing and trapping.
Regulation of area; violations and penalties.
Political jurisdiction; taxing power;
Hualapai Indians.
Revenues and fees; disposition.
United States magistrate judge: appointment; functions; probation; fees.
Authorization of appropriations.

SUBCHAPTER LXXIII—DELAWARE WATER GAP
NATIONAL RECREATION AREA
460o.
460o–1.
460o–2.

Establishment.
Acquisition of lands.
Designation of area; boundaries.

TITLE 16—CONSERVATION
Sec.

Sec.

460o–3.

460s–12.

Administration authorities for conservation, management, or disposal of natural resources; coordination of administrative responsibilities of the Secretary of the Interior and the Secretary of the Army.
460o–4.
Land and water use management plan;
adoption, implementation, and revision; provisions.
460o–5.
Hunting and fishing.
460o–6.
Civil and criminal jurisdiction and taxing power of State.
460o–7.
Authorization of appropriations.
SUBCHAPTER LXXIV—SPRUCE KNOB-SENECA
ROCKS NATIONAL RECREATION AREA

460p.
460p–1.

Establishment.
Designation of area; acreage limitation;
boundaries; publication in Federal
Register.
460p–2.
Acquisition of lands, etc.
460p–3.
Outdoor recreation facilities development; cooperation with Federal and
State agencies.
460p–4.
Administration, protection, and development.
460p–5.
Hunting and fishing.
SUBCHAPTER LXXV—WHISKEYTOWN-SHASTATRINITY NATIONAL RECREATION AREA
460q.

Establishment; boundaries; administration; integrated management policies.
460q–1.
Acquisition of property.
460q–2.
Establishment of units; publication in
Federal Register; boundary descriptions.
460q–3.
Administration; land and water use management plans, preparation and revision; utilization of statutory authorities.
460q–4.
Hunting and fishing.
460q–5.
Mineral development; payment of receipts into certain funds or accounts in
Treasury; disposition of receipts.
460q–6.
State jurisdiction.
460q–7.
Shasta and Trinity National Forests; additions of lands.
460q–8.
Revenues and fees; disposition.
460q–9.
Authorization of appropriations.
SUBCHAPTER LXXVI—MOUNT ROGERS NATIONAL
RECREATION AREA
460r.
460r–1.

Establishment.
Designation of area; boundaries; publication in Federal Register.
460r–2.
Acquisition of lands.
460r–3.
Outdoor recreation facilities development.
460r–4.
Administration, protection, and development of area.
460r–5.
Hunting and fishing.
SUBCHAPTER LXXVII—PICTURED ROCKS
NATIONAL LAKESHORE
460s.
460s–1.
460s–2.
460s–3.
460s–4.
460s–5.
460s–6.
460s–7.
460s–8.
460s–9.
460s–10.
460s–11.

Establishment.
Description of area.
Establishment; notice in Federal Register.
Pictured Rocks National Lakeshore Advisory Commission.
Hunting and fishing.
Administration, protection, and development.
Taxing power.
Acquisition of property.
Inland buffer zone.
Property subject to condemnation.
Acquisition of property.
Zoning bylaws; assistance and consultation with township or county officers
or employees; technical aid payments.

Page 24

Certificate of prohibition of authority
for acquisition by condemnation.
460s–13.
Authorization of appropriations.
460s–14.
Pictured Rocks National Lakeshore
boundary adjustment.
460s–15.
Pictured Rocks National Lakeshore
boundary revision.
SUBCHAPTER LXXVIII—BIGHORN CANYON
NATIONAL RECREATION AREA
460t.
Establishment.
460t–1.
Acquisition of land.
460t–2.
Administration.
460t–3.
Hunting and fishing.
460t–4.
Authorization of appropriations.
SUBCHAPTER LXXIX—INDIANA DUNES NATIONAL
LAKESHORE
460u.
460u–1.
460u–2.

Establishment; description of area.
Acquisition of property.
Direction for establishment; publication
in Federal Register; continuing acquisition of lands.
460u–3.
‘‘Improved property’’ and ‘‘appropriate
map’’ defined; terms and conditions for
rights of use and occupancy.
460u–4.
Repealed.
460u–5.
Owner’s retention of right of use and occupancy for residential purposes.
460u–6.
Administration.
460u–7.
Indiana Dunes National Lakeshore Advisory Commission.
460u–8.
State jurisdiction.
460u–9.
Authorization of appropriations; general
management plan; submittal to Congressional
committees;
feasibility
study.
460u–10.
Rights-of-way and easements; existing
property rights of Northern Indiana
Public Service Company.
460u–11.
Legal cooling, process, or surface drainage into Little Calumet River; Federal,
State or local air and water pollution
standards not affected.
460u–12.
Repealed.
460u–13.
Acquisition of area I–C; owner consent
required.
460u–14.
Plan, lands acquired, land acquisition
program; submittal to Congressional
committees.
460u–15.
Rights-of-way; public access to Little
Calumet River.
460u–16.
Road construction cooperative agreements with landowners north of Little
Calumet River; prevention of soil erosion; minimization of aural and visual
impact.
460u–17.
Lands within area I–E used for solid
waste disposal.
460u–18.
Study of areas III–A, III–C, and II–A; report to Congressional committees.
460u–19.
Acquisition of land outside present
boundaries; notice to Congressional
committees; publication in Federal
Register.
460u–20.
Paul H. Douglas Ecological and Recreational Unit and Center for Environmental Education.
460u–21.
Public access study.
460u–22.
Consideration of property owner’s hardship in property acquisition.
460u–23.
Acquisition of interest in area VII–A.
460u–24.
Little Calumet River and Burns/Portage
Waterway.
460u–25.
Cooperative agreement with Gary, Indiana.
460u–26.
Units VII–D and I–M.
SUBCHAPTER LXXX—FLAMING GORGE NATIONAL
RECREATION AREA
460v.

Establishment.

Page 25

TITLE 16—CONSERVATION

Sec.

Sec.

460v–1.

460v–2.
460v–3.
460v–4.

460v–5.

460v–6.

460v–7.
460v–8.

Administration, protection, and development by Secretary of Agriculture; administration of land or waters for Colorado River storage project by Secretary of the Interior.
Boundaries; adjustments; publication in
Federal Register.
Hunting, fishing, and trapping.
Lands withdrawn from location, entry,
and patent under United States mining
laws; removal of minerals; receipts,
disposition.
Ashley National Forest; addition of
lands of Flaming Gorge National
Recreation Area.
Addition of lands to Forest; administration of land for Colorado River storage
project by Secretary of the Interior.
Availability of land and water conservation fund moneys.
State and local jurisdiction.

SUBCHAPTER LXXXI—APOSTLE ISLANDS
NATIONAL LAKESHORE
460w.
460w–1.

460w–2.
460w–3.
460w–4.
460w–5.
460w–6.

460w–7.

Establishment; boundaries.
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.
Acquisition of property; authority of
Secretary; State and Federal lands.
Retention rights of owners of improved
property.
Hunting, fishing, and trapping.
Administration, protection, and development of lakeshore by Secretary.
Land and water use management plan;
adoption, implementation, and revision of plan by Secretary; required provisions of plan.
Authorization of appropriations.

SUBCHAPTER LXXXII—SLEEPING BEAR DUNES
NATIONAL LAKESHORE
460x.
460x–1.
460x–2.
460x–3.
460x–4.
460x–5.
460x–6.
460x–7.
460x–8.
460x–9.
460x–10.
460x–11.
460x–12.
460x–13.

460x–14.
460x–15.

Establishment.
Description of area.
Designation of lakeshore areas.
Sleeping Bear Dunes National Lakeshore
Advisory Commission.
Hunting and fishing; issuance of regulations.
Administration, protection, and development.
Taxing power.
Acquisition of property.
Zoning bylaws.
Right of retention of residential use in
improved lands.
Improved property.
Scenic roads.
Condemnation of commercial property.
Certificate of Secretary to interested
person indicating prohibition from acquiring particular property by condemnation; contents.
Authorization of appropriations; adjustments.
Lakeshore wilderness report; administration.

SUBCHAPTER LXXXIII—KING RANGE NATIONAL
CONSERVATION AREA
460y.
460y–1.
460y–2.

460y–3.

Establishment; boundaries.
Management of lands.
Program of multiple usage and sustained
yield of renewable natural resources;
public and private assistance in preparation; provisions.
Procedure for establishment.

460y–4.
460y–5.

460y–6.
460y–7.

460y–8.
460y–9.

Authority of Secretary.
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.
Administration of public lands within
Area.
Withdrawal of certain public lands for
classification; revocation of Executive
Order Numbered 5237.
Survey and investigation area.
Authorization of appropriations.

SUBCHAPTER LXXXIV—OREGON DUNES
NATIONAL RECREATION AREA
460z.
460z–1.
460z–2.
460z–3.
460z–4.
460z–5.
460z–6.

460z–7.
460z–8.
460z–9.
460z–10.
460z–11.
460z–12.
460z–13.

Establishment.
Administration, protection, and development.
Inland sector; establishment as buffer
sector.
Boundary map; revision.
Transfer of Federal property.
Land acquisition in inland sector.
Land acquisition in recreation area; donation and exchange; railway right-ofway; retention rights of owners of improved property.
Hunting, fishing, and trapping.
Mining restriction.
Water utilization; transportation of
wastes; easements.
Advisory Council.
Area review; report to the President; wilderness designation.
Federal-State cooperation.
Authorization of appropriations.

SUBCHAPTER LXXXV—SAWTOOTH NATIONAL
RECREATION AREA
460aa.
460aa–1.
460aa–2.
460aa–3.
460aa–4.

460aa–5.

460aa–6.
460aa–7.
460aa–8.
460aa–9.

460aa–10.
460aa–11.
460aa–12.

460aa–13.
460aa–14.

Establishment.
Administration.
Acquisition of land.
Private land, regulations.
Administrative determination of suitability for designation as wilderness
areas.
Cooperation with other agencies in development and operation of facilities
and services; Stanley, restoration.
State civil and criminal jurisdiction.
Hunting and fishing regulations.
Federal-State water rights.
Mining restriction; Federal lands withdrawn from location, entry, and patent
under United States mining laws.
Land surface protection; regulations.
Patents; restriction on issuance.
Authorization of appropriations; availability of land and water conservation
fund money.
Area analysis for park or park administrative unit proposal.
Separability.

SUBCHAPTER LXXXVI—GOLDEN GATE NATIONAL
RECREATION AREA
460bb.
460bb–1.
460bb–2.
460bb–3.
460bb–4.
460bb–5.

Establishment.
Composition and boundaries.
Acquisition policy.
Administration.
Golden Gate National Recreation Area
Advisory Commission.
Authorization of appropriations; limitation; adjustments.

TITLE 16—CONSERVATION
Sec.

Page 26

Sec.

SUBCHAPTER LXXXVII—GATEWAY NATIONAL
RECREATION AREA
460cc.
460cc–1.
460cc–2.
460cc–3.
460cc–4.

Establishment.
Acquisition of property.
Administration.
Gateway National Recreation Area Advisory Commission.
Authorization of appropriations; limitation; adjustments.

SUBCHAPTER LXXXVIII—GLEN CANYON
NATIONAL RECREATION AREA
460dd.
460dd–1.
460dd–2.
460dd–3.

460dd–4.
460dd–5.

460dd–6.
460dd–7.
460dd–8.
460dd–9.

Establishment; boundaries; publication
in Federal Register.
Acquisition of property.
Public lands.
Administration, protection, and development; statutory authorities for conservation and management of natural
resources; Glen Canyon Dam and Reservoir.
Hunting and fishing.
Mineral and grazing leases; Bureau of
Land Management administration and
policies.
Easements and rights-of-way.
Proposed road study.
Report to President.
Authorization of appropriations; limitation.

SUBCHAPTER LXXXIX—BIG SOUTH FORK
NATIONAL RIVER AND RECREATION AREA
460ee.

Establishment.

SUBCHAPTER XC—CUYAHOGA VALLEY NATIONAL
PARK
460ff.
460ff–1.
460ff–2.
460ff–3.
460ff–4.
460ff–5.

Establishment.
Acquisition of land.
Land acquisition plan.
Administration.
Repealed.
Authorization of appropriations; master
plan.

SUBCHAPTER XCI—HELLS CANYON NATIONAL
RECREATION AREA
460gg.
460gg–1.
460gg–2.
460gg–3.
460gg–4.
460gg–5.
460gg–6.
460gg–7.
460gg–8.

460gg–9.
460gg–10.
460gg–11.
460gg–12.

460gg–13.

Establishment.
Wilderness designation.
Federal power and water resources
projects.
Present and future use of Snake River.
Administration, protection, and development.
Management plan for recreation area.
Acquisition of property.
Rules and regulations.
Lands withdrawn from location, entry,
and patent under United States mining
laws.
Hunting and fishing.
Ranching, grazing, etc., as valid uses of
area.
Civil and criminal jurisdiction of Idaho
and Oregon.
Development and operation of facilities
and services; cooperation with Federal,
State, etc., agencies.
Authorization of appropriations.

SUBCHAPTER XCII—CHICKASAW NATIONAL
RECREATION AREA
460hh.
460hh–1.
460hh–2.

Establishment; boundaries; publication
in Federal Register.
Acquisition of property.
Establishment of hunting and fishing
zones; exceptions; consultation with
State agencies.

460hh–3.

Law governing; Arbuckle Dam and Reservoir.
460hh–4.
Platt National Park designation repealed; incorporation of areas into
Chickasaw National Recreation Area.
460hh–5.
Concurrent legislative jurisdiction with
State of Oklahoma; requisites; notice
in Federal Register.
460hh–6.
Authorization of appropriations.
SUBCHAPTER XCIII—CHATTAHOOCHEE RIVER
NATIONAL RECREATION AREA
460ii.

Establishment; boundaries; publication
in Federal Register.
460ii–1.
Acquisition of property.
460ii–2.
Administration, protection, and development.
460ii–3.
Federal supervision of water resources
projects.
460ii–4.
Funding sources and general management plan.
460ii–5.
Chattahoochee River National Recreation Area Advisory Commission.
SUBCHAPTER XCIV—ARAPAHO NATIONAL
RECREATION AREA
460jj.
Establishment.
460jj–1.
Land acquisition.
460jj–2.
Hunting and fishing.
460jj–3.
Permits for facilities and services.
460jj–4.
Application of State water laws.
460jj–5.
Filing of maps.
460jj–6.
State civil and criminal jurisdiction.
460jj–7.
Authorization of appropriations.
SUBCHAPTER XCV—SANTA MONICA MOUNTAINS
NATIONAL RECREATION AREA
460kk.
Establishment.
SUBCHAPTER XCVI—RATTLESNAKE NATIONAL
RECREATION AREA
460ll.
460ll–1.
460ll–2.
460ll–3.
460ll–4.
460ll–5.

Findings and declaration of policy.
Rattlesnake Wilderness.
Rattlesnake National Recreation Area.
Land acquisition and exchange.
Filing of maps and descriptions.
Authorization of appropriations.
[SUBCHAPTER XCVII—RESERVED]
SUBCHAPTER XCVIII—STEESE NATIONAL CONSERVATION AREA AND WHITE MOUNTAINS NATIONAL RECREATION AREA
460mm.
460mm–1.
460mm–2.
460mm–3.

Establishment of conservation area.
Administration of conservation area.
Establishment of recreation area.
Rights of holders of unperfected mining
claims.
460mm–4.
Administration of recreation area.
SUBCHAPTER XCIX—ROBERT T. STAFFORD
WHITE ROCKS NATIONAL RECREATION AREA
460nn.
Findings and purpose.
460nn–1.
Establishment.
460nn–2.
Map and description.
460nn–3.
Administration.
SUBCHAPTER C—OREGON CASCADES
RECREATION AREA
460oo.
Establishment.
SUBCHAPTER CI—MOUNT BAKER RECREATION
AREA
460pp.
Establishment.
SUBCHAPTER CII—ALLEGHENY NATIONAL
RECREATION AREA
460qq.
Establishment.
SUBCHAPTER CIII—PINE RIDGE NATIONAL
RECREATION AREA
460rr.

Establishment.

Page 27

TITLE 16—CONSERVATION

Sec.

Sec.

460rr–1.
460rr–2.

Map and description.
Administration.
SUBCHAPTER CIV—KLAMATH RIVER
CONSERVATION AREA

460ss.
460ss–1.
460ss–2.
460ss–3.
460ss–4.
460ss–5.
460ss–6.

Findings.
Establishment.
Klamath Fishery Management Council.
Klamath River Basin Fisheries Task
Force.
Enforcement.
Appropriations.
Definitions.

SUBCHAPTER CV—CROSS FLORIDA NATIONAL
CONSERVATION AREA
460tt.

Cross Florida Barge Canal.

SUBCHAPTER CVI—EL MALPAIS NATIONAL
MONUMENT AND CONSERVATION AREA
PART A—EL MALPAIS NATIONAL MONUMENT
460uu.
460uu–1.
460uu–2.
460uu–3.

Establishment; description of area.
Transfer of administrative control of
lands and waters.
Management.
Grazing permits.
PART B—MASAU TRAIL

460uu–11.
460uu–12.
460uu–13.
460uu–14.

Designation.
Areas included.
Information and interpretation.
Markers.

PART C—EL MALPAIS NATIONAL CONSERVATION AREA
460uu–21.
460uu–22.

Establishment; description of area.
Management.
PART D—WILDERNESS

460uu–31.
460uu–32.

Designation; description of area.
Management; provisions applicable.
PART E—GENERAL PROVISIONS

460uu–41.
460uu–42.
460uu–43.
460uu–44.
460uu–45.
460uu–46.
460uu–47.
460uu–48.

460uu–49.
460uu–50.

Management plans.
Acquisition of lands and interests.
State exchanges of lands and interests.
Mineral exchanges.
Acoma Pueblo exchanges.
Exchanges and acquisitions generally;
withdrawal.
Access.
Cooperative agreements with Federal,
State and local public departments and
agencies.
Water rights.
Authorization of appropriations.

SUBCHAPTER CVII—WINDING STAIR MOUNTAIN
NATIONAL RECREATION AND WILDERNESS AREA
460vv.
460vv–1.
460vv–2.
460vv–3.
460vv–4.
460vv–5.
460vv–6.
460vv–7.
460vv–8.
460vv–9.
460vv–10.
460vv–11.
460vv–12.
460vv–13.
460vv–14.
460vv–15.

Findings and purposes.
Additions to National Wilderness Preservation System.
Maps and descriptions.
Administration.
Wilderness review.
Adjacent management.
Winding Stair Mountain National Recreation Area.
Botanical areas.
Indian Nations National Scenic and
Wildlife Area.
Beech Creek National Scenic Area.
Nomenclature.
Timber management report.
Advisory committee.
Planning.
Fire, insect, and disease.
Grazing.

460vv–16.
460vv–17.
460vv–18.
460vv–19.

Fishing and wildlife.
Permits.
Land acquisition.
Acreages.

SUBCHAPTER CVIII—GAULEY RIVER NATIONAL
RECREATION AREA
460ww.
460ww–1.
460ww–2.
460ww–3.
460ww–4.
460ww–5.

Establishment.
Administration.
Miscellaneous.
Authorization of appropriations.
Special conditions.
Advisory Committee.

SUBCHAPTER CIX—SAN PEDRO RIPARIAN
NATIONAL CONSERVATION AREA
460xx.
460xx–1.
460xx–2.
460xx–3.
460xx–4.
460xx–5.
460xx–6.

Establishment.
Management.
Management plan.
Advisory Committee.
Land acquisition.
Report to Congress.
Authorization of appropriations.

SUBCHAPTER CX—CITY OF ROCKS NATIONAL
RESERVE
460yy.
460yy–1.

Establishment.
Plan and management.

SUBCHAPTER CXI—MISSISSIPPI NATIONAL RIVER
AND RECREATION AREA
PART A—MISSISSIPPI NATIONAL RIVER AND RECREATION
AREA
460zz.
460zz–1.
460zz–2.
460zz–3.
460zz–4.
460zz–5.
460zz–6.

Findings and purposes.
Establishment.
Mississippi River Coordinating Commission.
Federal lands and developments.
Administration.
State and local assistance and jurisdiction.
Authorization of appropriations.
PART B—TRI-RIVERS MANAGEMENT

460zz–11.

Tri-Rivers Management Board.

SUBCHAPTER CXII—GRAND ISLAND NATIONAL
RECREATION AREA
460aaa.
460aaa–1.
460aaa–2.
460aaa–3.
460aaa–4.
460aaa–5.
460aaa–6.
460aaa–7.
460aaa–8.

Establishment.
Boundaries.
Administration.
Acquisition.
Fish and game.
Minerals.
Management plan.
Grand Island Advisory Commission.
Authorization of appropriations.

SUBCHAPTER CXIII—SMITH RIVER NATIONAL
RECREATION AREA
460bbb.
460bbb–1.
460bbb–2.
460bbb–3.
460bbb–4.
460bbb–5.
460bbb–6.
460bbb–7.
460bbb–8.
460bbb–9.
460bbb–10.
460bbb–11.

Findings.
Definitions.
Establishment.
Administration.
Acquisition and disposal of lands and
other property.
Fish and game.
Minerals.
Management planning.
Streamside protection zones.
State and local jurisdiction and assistance.
Savings provision.
Authorization of appropriations.

SUBCHAPTER CXIV—RED ROCK CANYON
NATIONAL CONSERVATION AREA
460ccc.

Definitions.

TITLE 16—CONSERVATION
Sec.

Sec.

460ccc–1.
Establishment.
460ccc–2.
Management.
460ccc–3.
Management plan.
460ccc–4.
Acquisitions.
460ccc–5.
Withdrawal; exchange of lands.
460ccc–6.
Cooperative agreements.
460ccc–7.
Coordinated management.
460ccc–8.
Water.
460ccc–9.
No buffer zones.
460ccc–10.
Authorization of appropriations.
SUBCHAPTER CXV—GILA BOX RIPARIAN
NATIONAL CONSERVATION AREA

460lll–12.
460lll–13.
460lll–14.

460ddd.
Establishment.
SUBCHAPTER CXVI—LAKE MEREDITH NATIONAL
RECREATION AREA
460eee.
Establishment.
460eee–1.
Administration.
460eee–2.
Authorization of appropriations.
SUBCHAPTER CXVII—AMISTAD NATIONAL
RECREATION AREA
460fff.
Establishment.
460fff–1.
Administration.
460fff–2.
Authorization of appropriations.
SUBCHAPTER CXVIII—ED JENKINS NATIONAL
RECREATION AREA AND COOSA BALD NATIONAL SCENIC AREA
460ggg.
Wilderness.
460ggg–1.
National scenic area.
460ggg–2.
Recreation area.
460ggg–3.
Maps and legal descriptions.
SUBCHAPTER CXIX—SPRING MOUNTAINS
NATIONAL RECREATION AREA
460hhh.
Definitions.
460hhh–1.
Purposes.
460hhh–2.
Establishment.
460hhh–3.
Management.
460hhh–4.
Management plan.
460hhh–5.
Acquisition of lands.
460hhh–6.
Withdrawal.
460hhh–7.
Cooperative agreements.
460hhh–8.
Authorization of appropriations.
SUBCHAPTER CXX—MORLEY NELSON SNAKE
RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA
460iii.
460iii–1.
460iii–2.
460iii–3.
460iii–4.
460iii–5.

Findings.
Definitions.
Establishment.
Management and use.
Additions.
Other laws and administrative provisions.
460iii–6.
Authorization of appropriations.
SUBCHAPTER CXXI—JEMEZ NATIONAL
RECREATIONAL AREA

460jjj.
Establishment.
460jjj–1.
Administration.
460jjj–2.
Minerals and mining.
460jjj–3.
Adjoining lands.
460jjj–4.
Acquisition of land.
460jjj–5.
Authorization of appropriations.
SUBCHAPTER CXXII—BOSTON HARBOR ISLANDS
NATIONAL RECREATION AREA
460kkk.

Boston Harbor Islands National Recreation Area.
SUBCHAPTER CXXIII—LAND BETWEEN THE
LAKES PROTECTION

460lll.
460lll–1.

Definitions.
Purposes.

Civil and criminal jurisdiction.
Payments to States and counties.
Forest highways.
PART B—MANAGEMENT PROVISIONS

460lll–21.
460lll–22.
460lll–23.
460lll–24.
460lll–25.
460lll–26.
460lll–27.
460lll–28.
460lll–29.
460lll–30.
460lll–31.

Land and resource management plan.
Advisory Board.
Fees.
Disposition of receipts.
Special use authorizations.
Cooperative authorities and gifts.
Designation of national recreation trail.
Cemeteries.
Resource management.
Hematite Dam.
Trust Fund.
PART C—TRANSFER PROVISIONS

460lll–41.
460lll–42.
460lll–43.
460lll–44.
460lll–45.
460lll–46.
460lll–47.
460lll–48.

Effective date of transfer.
Statement of policy.
Memorandum of agreement.
Records.
Transfer of personal property.
Compliance with environmental laws.
Personnel.
Tennessee Valley Authority transfer
costs.
Tennessee Valley Authority transfer
funding.

460lll–49.

PART D—FUNDING
460lll–61.

Authorization of appropriations.

SUBCHAPTER CXXIV—MCINNIS CANYONS
NATIONAL CONSERVATION AREA
460mmm.
460mmm–1.
460mmm–2.
460mmm–3.
460mmm–4.
460mmm–5.
460mmm–6.
460mmm–7.

Establishment.

Findings and purpose.
Definitions.
McInnis Canyons National Conservation
Area.
Black Ridge Canyons Wilderness designation.
Management.
Maps and legal descriptions.
Advisory Council.
Public access.

SUBCHAPTER CXXV—STEENS MOUNTAIN COOPERATIVE
MANAGEMENT
AND
PROTECTION
AREA
460nnn.
460nnn–1.
460nnn–2.
460nnn–3.

Definitions.
Maps and legal descriptions.
Valid existing rights.
Protection of tribal rights.

PART A—STEENS MOUNTAIN COOPERATIVE MANAGEMENT
AND PROTECTION AREA
SUBPART 1—DESIGNATION AND PURPOSES

460nnn–11.

460nnn–12.

Designation of Steens Mountain Cooperative Management and Protection
Area.
Purpose and objectives of Cooperative
Management and Protection Area.

SUBPART 2—MANAGEMENT OF FEDERAL LANDS

460nnn–21.
460nnn–22.
460nnn–23.
460nnn–24.
460nnn–25.

Management authorities and purposes.
Roads and travel access.
Land use authorities.
Land acquisition authority.
Special use permits.

SUBPART 3—COOPERATIVE MANAGEMENT

460nnn–41.
460nnn–42.

PART A—ESTABLISHMENT, ADMINISTRATION, AND
JURISDICTION
460lll–11.

Page 28

Cooperative management agreements.
Cooperative efforts to control development and encourage conservation.
SUBPART 4—ADVISORY COUNCIL

460nnn–51.

Establishment of advisory council.

Page 29

TITLE 16—CONSERVATION

Sec.

§1

Sec.

460nnn–52.
460nnn–53.

Advisory role in management activities.
Science committee.

PART B—STEENS MOUNTAIN WILDERNESS AREA
460nnn–61.
460nnn–62.
460nnn–63.
460nnn–64.

Designation of Steens Mountain Wilderness Area.
Administration of Wilderness Area.
Water rights.
Treatment of wilderness study areas.

PART C—WILD AND SCENIC RIVERS AND TROUT
RESERVE
460nnn–71.

460nnn–72.

Designation of streams for wild and scenic river status in Steens Mountain
Area.
Donner und Blitzen River Redband Trout
Reserve.

PART D—MINERAL WITHDRAWAL AREA
460nnn–81.
460nnn–82.

Designation of mineral withdrawal area.
Treatment of State lands and mineral
interests.

PART E—ESTABLISHMENT OF WILDLANDS JUNIPER
MANAGEMENT AREA
460nnn–91.
460nnn–92.

Wildlands Juniper Management Area.
Release from wilderness study area
status.
PART F—LAND EXCHANGES

460nnn–101.
460nnn–102.
460nnn–103.
460nnn–104.
460nnn–105.

Land exchange, Roaring Springs Ranch.
Land exchanges, C. M. Otley and Otley
Brothers.
Land exchange, Tom J. Davis Livestock,
Incorporated.
Land exchange, Lowther (Clemens)
Ranch.
General provisions applicable to land exchanges.
PART G—FUNDING AUTHORITIES

460nnn–121.
460nnn–122.

Authorization of appropriations.
Use of land and water conservation fund.

SUBCHAPTER CXXVI—LAS CIENEGAS NATIONAL
CONSERVATION AREA
460ooo.
460ooo–1.
460ooo–2.
460ooo–3.
460ooo–4.
460ooo–5.
460ooo–6.
460ooo–7.

Definitions.
Establishment of the Sonoita Valley Acquisition Planning District.
Purposes of the Acquisition Planning
District.
Establishment of the Las Cienegas National Conservation Area.
Management of the Las Cienegas National Conservation Area.
Management plan.
Land acquisition.
Reports to Congress.

SUBCHAPTER CXXVII—BLACK ROCK DESERTHIGH ROCK CANYON EMIGRANT TRAILS NATIONAL CONSERVATION AREA
460ppp.
460ppp–1.
460ppp–2.
460ppp–3.
460ppp–4.
460ppp–5.
460ppp–6.
460ppp–7.

Findings.
Definitions.
Establishment of the conservation area.
Management.
Withdrawal.
No buffer zones.
Wilderness.
Authorization of appropriations.

SUBCHAPTER CXXVIII—SLOAN CANYON
NATIONAL CONSERVATION AREA
460qqq.
460qqq–1.
460qqq–2.
460qqq–3.

Purpose.
Definitions.
Establishment.
Management.

460qqq–4.
460qqq–5.

Sale of Federal parcel.
Right-of-way.

SUBCHAPTER CXXIX—RIO GRANDE NATURAL
AREA
460rrr.
460rrr–1.
460rrr–2.
460rrr–3.
460rrr–4.
460rrr–5.
460rrr–6.
460rrr–7.
460rrr–8.

Definitions.
Establishment of Rio Grande Natural
Area.
Establishment of the Commission.
Powers of the Commission.
Management plan.
Administration of Natural Area.
Effect.
Authorization of appropriations.
Termination of Commission.

SUBCHAPTER CXXX—COW MOUNTAIN
RECREATION AREA
460sss.

Cow Mountain Recreation Area, Lake
and Mendocino Counties, California.

SUBCHAPTER CXXXI—MOOSALAMOO NATIONAL
RECREATION AREA
460ttt.
460ttt–1.
460ttt–2.

Designation.
Map and description.
Administration of national recreation
area.

SUBCHAPTER CXXXII—MOUNT HOOD NATIONAL
RECREATION AREA
460uuu.

Mount Hood National Recreation Area.

SUBCHAPTER CXXXIII—BRIDGEPORT WINTER
RECREATION AREA
460vvv.

Bridgeport Winter Recreation Area.

SUBCHAPTER CXXXIV—RED CLIFFS NATIONAL
CONSERVATION AREA
460www.

Red Cliffs National Conservation Area.

SUBCHAPTER CXXXV—BEAVER DAM WASH
NATIONAL CONSERVATION AREA
460xxx.

Beaver Dam Wash National Conservation
Area.

SUBCHAPTER CXXXVI—FORT STANTON-SNOWY
RIVER CAVE NATIONAL CONSERVATION AREA
460yyy.
460yyy–1.

460yyy–2.
460yyy–3.

Definitions.
Establishment of the Fort StantonSnowy River Cave National Conservation Area.
Management of the Conservation Area.
Authorization of appropriations.

SUBCHAPTER CXXXVII—DOMINGUEZ-ESCALANTE
NATIONAL CONSERVATION AREA
460zzz.
460zzz–1.
460zzz–2.
460zzz–3.
460zzz–4.
460zzz–5.
460zzz–6.
460zzz–7.

Definitions.
Dominguez-Escalante
National
Conservation Area.
Dominguez Canyon Wilderness Area.
Maps and legal descriptions.
Management of Conservation Area and
Wilderness.
Management plan.
Advisory Council.
Authorization of appropriations.

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 who shall be appointed by the President,
by and with the advice and consent of the Senate. The Director shall have substantial experience and demonstrated competence in land man-

§1

TITLE 16—CONSERVATION

agement and natural or cultural resource conservation. The Director shall select two Deputy
Directors. The first Deputy Director shall have
responsibility for National Park Service operations, and the second Deputy Director shall
have responsibility for other programs assigned
to the National Park Service. 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, 39 Stat. 535; Ex. Ord.
No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1,
48 Stat. 389; July 26, 1947, ch. 343, title II, § 205(a),
61 Stat. 501; Pub. L. 104–333, div. I, title VIII,
§ 814(e)(1), Nov. 12, 1996, 110 Stat. 4196.)
CODIFICATION
Provisions relating to the pay of certain employees
have been omitted as the pay of the employees is fixed
pursuant to chapter 51 and subchapter III of chapter 53
of Title 5, Government Organization and Employees.
AMENDMENTS
1996—Pub. L. 104–333 amended first sentence by substituting ‘‘who shall be appointed by the President, by
and with the advice and consent of the Senate. The Director shall have substantial experience and demonstrated competence in land management and natural
or cultural resource conservation. The Director shall
select two Deputy Directors. The first Deputy Director
shall have responsibility for National Park Service operations, and the second Deputy Director shall have responsibility for other programs assigned to the National Park Service.’’ for original text which read ‘‘who
shall be appointed by the Secretary and who shall receive a salary of $4,500 per annum.’’
CHANGE OF NAME
Office of National Parks, Buildings, and Reservations
designated National Park Service by act Mar. 2, 1934,
ch. 38, § 1, 48 Stat. 389.
Department of War designated Department of the
Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 814(e)(2) of div. I of Pub. L. 104–333 provided
that: ‘‘The amendment made by subsection (a) [probably should be ‘‘paragraph (1)’’, which amended this
section] shall take effect on February 1, 1997, and shall
apply with respect to the individual (if any) serving as
the Director of the National Park Service on that
date.’’
SHORT TITLE OF 2009 AMENDMENT
Pub. L. 111–11, § 1(a), Mar. 30, 2009, 123 Stat. 991, provided that: ‘‘This Act [see Tables for classification]

Page 30

may be cited as the ‘Omnibus Public Land Management
Act of 2009’.’’
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–229, § 1(a), May 8, 2008, 122 Stat. 754, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Consolidated Natural Resources
Act of 2008’.’’
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–352, § 1, Oct. 21, 2004, 118 Stat. 1395, provided that: ‘‘This Act [amending sections 1a–6, 392c,
410ggg, 410ggg–1, 430h–11, 460kkk, 470h–2, 698u–4, 1244,
1249, and 1274 of this title, enacting provisions set out
as notes under this section and section 502 of Title 40,
Public Buildings, Property, and Works, and amending
provisions listed in a table of National Historic Sites
and a table of National Heritage Areas set out under
section 461 of this title and a table of Commemorative
Works set out under section 8903 of Title 40] may be
cited as the ‘National Park System Laws Technical
Amendments Act of 2004’.’’
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–236, § 1, Oct. 9, 2002, 116 Stat. 1483, provided
that: ‘‘This Act [amending section 460kk of this title]
may be cited as the ‘Santa Monica Mountains National
Recreation Area Boundary Adjustment Act’.’’
SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106–510, § 1, Nov. 13, 2000, 114 Stat. 2363, provided that: ‘‘This Act [amending sections 391b, 391d,
392c, 396b, 396c, 396d, 397 to 397b, 397d, and 1244 of this
title and section 1026 of Title 30, Mineral Lands and
Mining, enacting provisions set out as notes under sections 391d, 396b, 396d, and 397 of this title, and amending
provisions set out as notes under sections 1a–1 and 391
of this title, section 1005 of Title 30, provisions listed in
a table of National Historic Sites set out under section
461 of this title, and provisions listed in a table of Wilderness Areas set out under section 1132 of this title]
may be cited as the ‘Hawaii Volcanoes National Park
Adjustment Act of 2000’.’’
Pub. L. 106–176, § 1(a), Mar. 10, 2000, 114 Stat. 23, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Omnibus Parks Technical Corrections Act of 2000’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–391, title III, § 301, Nov. 13, 1998, 112 Stat.
3501, provided that: ‘‘This title [amending section 1a–5
of this title and enacting provisions set out as a note
under section 1a–5 of this title] may be cited as the ‘National Park System New Areas Studies Act’.’’
SHORT TITLE OF 1996 AMENDMENT
Section 1 of Pub. L. 104–333 provided that: ‘‘This Act
[see Tables for classification] may be cited as the ‘Omnibus Parks and Public Lands Management Act of
1996’.’’
SHORT TITLE OF 1983 AMENDMENT
Pub. L. 98–141, § 1, Oct. 31, 1983, 97 Stat. 909, provided:
‘‘That this Act [amending sections 459b–8, 459g–7, and
460x–14 of this title and sections 872, 874, 875, 880, and 885
of former Title 40, Public Buildings, Property, and
Works, repealing section 433e of this title, and amending provisions set out as a note under section 433c of
this title] may be cited as the ‘Public Lands and National Parks Act of 1983’.’’
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95–625, § 1, Nov. 10, 1978, 92 Stat. 3467, provided
that: ‘‘This Act [enacting chapter 45 and sections 45f,
230 to 230i, 241g, 396d, 410y–1a, 441e–1, 459c–6b, 460m–15 to
460m–25, 460kk, 471i, and 1285a of this title, amending
sections 1a–5, 1a–7, 273f, 282c, 283e, 397 to 397d, 410y–6,
410z, 410z–1, 430mm, 450mm–1, 450qq–4, 459c–1, 459c–5,

Page 31

TITLE 16—CONSERVATION

§ 1a–1

459e, 459e–1, 459e–6, 459e–9, 459h–10, 459i, 459i–9, 460l–8,
460m–14, 460o–1, 460q–9, 460u–9, 460aa–12, 460bb–1 to
460bb–4, 460ff–1, 460ff–3, 460ff–5, 460gg, 463, 469c, 470t,
698m, 1241, 1242, 1244 to 1247, 1249, 1273, 1274, 1276, 1277,
1283, and 1287 of this title, repealing sections 45a–3 and
688 of this title, enacting provisions set out as notes
under sections 1a–5, 45a–1, 45f, 410z, 430nn, 430oo, 431, 461,
602, 688, 1246, 1274, and 2501 of this title, and amending
provisions set out as notes under sections 431, 433c,
450bb, 461, and 1132 of this title] may be cited as the
‘National Parks and Recreation Act of 1978’.’’

Ex. Ord. No. 6166, set out as a note under section 901 of
Title 5. Cemeteries and parks located outside of continental United States remained under War Department.

SHORT TITLE OF 1970 AMENDMENT

‘‘SEC. 5051. SHORT TITLE.
‘‘This subtitle may be cited as the ‘National Park Police Drug Enforcement Supplemental Authority Act’.

Pub. L. 91–383, § 14, as added by Pub. L. 108–352, § 10(b),
Oct. 21, 2004, 118 Stat. 1397, provided that: ‘‘This Act
[enacting sections 1a–1 to 1a–7a of this title, amending
sections 1b, 1c, 17j, 460n–5, 463, 470a, and 559 of this title,
and repealing sections 10, 10a, 17b–1, and 415 of this
title] may be cited as the ‘National Park System General Authorities Act’.’’
SHORT TITLE
Act Aug. 25, 1916, ch. 408, § 5, as added by Pub. L.
108–352, § 10(a), Oct. 21, 2004, 118 Stat. 1397, provided
that: ‘‘This Act [enacting this section and sections 2, 3,
and 4 of this title and amending sections 22 and 43 of
this title and section 1457 of Title 43, Public Lands]
may be cited as the ‘National Park Service Organic
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, 64 Stat. 1262, 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, 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), 63 Stat. 380. Federal Works Agency, Office of Federal Works Administrator, Office of Commissioner of Public Buildings, and
Public Building Administration abolished by section
103(b) of that act. See Historical and Revision Notes
under section 303(b) of Title 40, Public Buildings, Property, and Works. Section 303(b) of Title 40 was amended
generally by Pub. L. 109–313, § 2(a)(1), Oct. 6, 2006, 120
Stat. 1734, and, as so amended, no longer relates to the
Federal Works Agency and Commissioner of Public
Buildings. See 2006 Amendment note under section 303
of Title 40.
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, 53 Stat. 1427, set out in the Appendix to Title
5.
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, 53 Stat. 1434, set out in the Appendix to Title 5.
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

NATIONAL PARK POLICE DRUG ENFORCEMENT
SUPPLEMENTAL AUTHORITY ACT
Pub. L. 99–570, title V, subtitle B (§§ 5051, 5052), Oct.
27, 1986, 100 Stat. 3207–156, as amended by Pub. L.
100–690, title VI, § 6254(d)(2), Nov. 18, 1988, 102 Stat. 4365,
provided that:

‘‘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 (16 U.S.C. 1a–6), for equipment and facilities to be used by such personnel, and for expenses
related to such employment, training, equipment, and
facilities.’’
CODIFICATION OF LAWS RELATING TO UNITED STATES
PARK POLICE; FEASIBILITY STUDY AND REPORT BY
SECRETARY OF THE INTERIOR
Pub. L. 94–533, § 3, Oct. 17, 1976, 90 Stat. 2494, directed
Secretary of the Interior to submit to Congress not
later than one year after Oct. 17, 1976, a report on feasibility and desirability of enacting as a part of United
States Code those provisions concerning powers, duties,
functions, salaries, and benefits of officers and members of the United States Park Police force which presently are contained in several statutes and are compiled in District of Columbia Code.
NATIONAL PARK CENTENNIAL COMMISSION
Pub. L. 91–332, July 10, 1970, 84 Stat. 427, provided that
1972 was to be designated by President as ‘‘National
Parks Centennial Year’’, in recognition in 1872 of establishment of world’s first national park at Yellowstone.
There was also established a National Park Centennial
Commission, composed of four members of Senate, four
members of House, Secretary of the Interior, and six
persons to be appointed by President. The Commission
was empowered to prepare a suitable plan for commemoration of establishment of Yellowstone, to coordinate all activities under such plan, and to provide
host services for a world conference on National Parks
in 1972. The Commission was to submit a final report of
its activities, including an accounting of funds received
and expended, to Congress, not later than Dec. 31, 1973,
and was to cease to exist upon submission of said report.

§ 1a. Repealed. June 25, 1948, ch. 646, § 39, 62
Stat. 992, eff. Sept. 1, 1948
Section, act June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to residence of United States Commissioners [now
magistrate judges].

§ 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;

§ 1a–1

TITLE 16—CONSERVATION

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 section 1c of this
title, shall be consistent with and founded in the
purpose established by section 1 of this title, to
the common benefit of all the people of the
United States. The authorization of activities
shall be construed and the protection, management, and administration of these areas shall be
conducted in light of the high public value and
integrity of the National Park System and shall
not be exercised in derogation of the values and
purposes for which these various areas have
been established, except as may have been or
shall be directly and specifically provided by
Congress.
(Pub. L. 91–383, § 1, Aug. 18, 1970, 84 Stat. 825;
Pub. L. 95–250, title I, § 101(b), Mar. 27, 1978, 92
Stat. 166.)
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 91–383,
Aug. 18, 1970, 84 Stat. 825, as amended, known as the
‘‘National Park System General Authorities Act’’. As
originally enacted, Pub. L. 91–383 contained sections 1
to 4, the first 3 of which enacted sections 1a–1 and 1a–2
and amended sections 1b and 1c of this title. Pub. L.
94–458 amended Pub. L. 91–383 by adding sections 5 to 12,
which enacted sections 1a–3 to 1a–7, amended sections
17j, 460n–5, 463, 470a, and 559, and repealed sections 10,
10a, 17b–1, and 415 of this title. Pub. L. 103–322 amended
Pub. L. 91–383 by adding section 13, which enacted section 1a–7a of this title. For complete classification of
this Act to the Code, see Short Title of 1970 Amendment note set out under section 1 of this title and
Tables.
AMENDMENTS
1978—Pub. L. 95–250 provided that the promotion and
regulation of the various areas of the National Park
System, as defined in section 1c of this title, be consistent with and founded in the purpose established by section 1 of this title, to the common benefit of all the
people of the United States, and that the authorization
of activities be construed and the protection, management, and administration of these areas be conducted
in light of the high public value and integrity of the
National Park System and not be exercised in derogation of the values and purposes for which these various
areas have been established, except as may have been
or shall be directly and specifically provided by Congress.
SPECIAL EVENTS AT NATIONAL MALL
Pub. L. 108–108, title I, § 145, Nov. 10, 2003, 117 Stat.
1280, provided that: ‘‘None of the funds appropriated or
otherwise made available by this or any other Act,
hereafter enacted, may be used to permit the use of the
National Mall for a special event, unless the permit expressly prohibits the erection, placement, or use of

Page 32

structures and signs bearing commercial advertising.
The Secretary may allow for recognition of sponsors of
special events: Provided, That the size and form of the
recognition shall be consistent with the special nature
and sanctity of the Mall and any lettering or design
identifying the sponsor shall be no larger than onethird the size of the lettering or design identifying the
special event. In approving special events, the Secretary shall ensure, to the maximum extent practicable, that public use of, and access to the Mall is not
restricted. For purposes of this section, the term ‘special event’ shall have the meaning given to it by section 7.96(g)(1)(ii) of title 36, Code of Federal Regulations.’’
STUDY OF AIR TRAFFIC OVER GRAND CANYON
Pub. L. 102–581, title I, § 134, Oct. 31, 1992, 106 Stat.
4887, provided that:
‘‘(a) STUDY.—The Administrator of the Federal Aviation Administration, in consultation with the Director
of the National Park Service, the State of Arizona, the
State of Nevada, the Clark County Department of Aviation, affected Indian tribes, and the general public,
shall conduct a study on increased air traffic over
Grand Canyon National Park.
‘‘(b) REPORT.—The Administrator of the Federal
Aviation Administration shall submit to Congress a report on the results of the study conducted under subsection (a). The report shall include the following:
‘‘(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 (Public Law 100–91; 101 Stat. 676) [set out below], including
the substantial restoration of natural quiet at the
Park.
‘‘(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
Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1384, provided in part: ‘‘That in fiscal year 1993 and thereafter,
the National Park Service may use helicopters and motorized equipment at Death Valley National Monument
for removal of feral burros and horses’’.
STUDY TO DETERMINE APPROPRIATE MINIMUM ALTITUDE FOR AIRCRAFT FLYING OVER NATIONAL PARK
SYSTEM UNITS
Pub. L. 100–91, Aug. 18, 1987, 101 Stat. 674, as amended
by Pub. L. 106–510, § 3(a)(2), (b)(2), Nov. 13, 2000, 114 Stat.
2363, provided that:
‘‘SECTION 1. STUDY OF PARK OVERFLIGHTS.
‘‘(a) STUDY BY PARK SERVICE.—The Secretary of the
Interior (hereinafter referred to as the ‘Secretary’),
acting through the Director of the National Park Service, shall conduct a study to determine the proper minimum altitude which should be maintained by aircraft
when flying over units of the National Park System.
The Secretary of Transportation, acting through the
Administrator of the Federal Aviation Administration
(hereinafter referred to as the ‘Administrator’), shall
provide technical assistance to the Secretary in carrying out the study.
‘‘(b) GENERAL REQUIREMENTS OF STUDY.—The study
shall identify any problems associated with overflight
by aircraft of units of the National Park System and
shall provide information regarding the types of over-

Page 33

TITLE 16—CONSERVATION

flight which may be impacting on park unit resources.
The study shall distinguish between the impacts caused
by sightseeing aircraft, military aircraft, commercial
aviation, general aviation, and other forms of aircraft
which affect such units. The study shall identify those
park system units, and portions thereof, in which the
most serious adverse impacts from aircraft overflights
exist.
‘‘(c) SPECIFIC REQUIREMENTS.—The study under this
section shall include research at the following units of
the National Park System: Cumberland Island National
Seashore, Yosemite National Park, Hawai‘i Volcanoes
National Park, Haleakala¯ National Park, Glacier National Park, and Mount Rushmore National Memorial,
and at no less than four additional units of the National Park System, excluding all National Park System units in the State of Alaska. The research at each
such unit shall provide information and an evaluation
regarding each of the following:
‘‘(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) REPORT TO CONGRESS.—The Secretary shall submit a report to the Congress within 3 years after the
enactment of this Act [Aug. 18, 1987] containing the results of the study carried out under this section. Such
report shall also contain recommendations for legislative and regulatory action which could be taken regarding the information gathered pursuant to paragraphs (1) through (4) of subsection (c). Before submission to the Congress, the Secretary shall provide a
draft of the report and recommendations to the Administrator for review. The Administrator shall review
such report and recommendations and notify the Secretary of any adverse effects which the implementation
of such recommendations would have on the safety of
aircraft operations. The Administrator shall consult
with the Secretary to resolve issues relating to such
adverse effects. The final report shall include a finding
by the Administrator that implementation of the recommendations of the Secretary will not have adverse
effects on the safety of aircraft operations, or if the Administrator is unable to make such finding, a statement by the Administrator of the reasons he believes
the Secretary’s recommendations will have an adverse
effect on the safety of aircraft operations.
‘‘(e) FAA REVIEW OF RULES.—The Administrator shall
review current rules and regulations pertaining to
flights of aircraft over units of the National Park System at which research is conducted under subsection
(c) and over any other such units at which such a review is determined necessary by the Administrator or
is requested by the Secretary. In the review under this
subsection, the Administrator shall determine whether
changes are needed in such rules and regulations on the
basis of aviation safety. Not later than 180 days after
the identification of the units of the National Park
System for which research is to be conducted under
subsection (c), the Administrator shall submit a report
to Congress containing the results of the review along
with recommendations for legislative and regulatory
action which are needed to implement any such
changes.

§ 1a–1

‘‘(f) AUTHORIZATION.—There are authorized to be appropriated such sums as may be necessary to carry out
the studies and review under this section.
‘‘SEC.
2.
FLIGHTS
OVER
YOSEMITE
AND
¯ DURING STUDY AND REVIEW.
HALEAKALA
‘‘(a) YOSEMITE NATIONAL PARK.—During the study and
review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft or helicopter flying
under visual flight rules to fly at an altitude of less
than 2,000 feet over the surface of Yosemite National
Park. For purposes of this subsection, the term ‘surface’ refers to the highest terrain within the park
which is within 2,000 feet laterally of the route of flight
and with respect to Yosemite Valley such term refers
to the upper-most rim of the valley.
‘‘(b) HALEAKALA¯ NATIONAL PARK.—During the study
and review periods provided in subsection (c), it shall
be unlawful for any fixed wing aircraft or helicopter
flying under visual flight rules to fly at an altitude
below 9,500 feet above mean sea level over the surface
of any of the following areas in Haleakala¯ National
Park: Haleakala Crater, Crater Cabins, the Scientific
Research Reserve, Halemauu Trail, Kaupo Gap Trail, or
any designated tourist viewpoint.
‘‘(c) STUDY AND REVIEW PERIODS.—For purposes of
subsections (a) and (b), the study period shall be the period of the time after the date of enactment of this Act
[Aug. 18, 1987] and prior to the submission of the report
under section 1. The review period shall comprise a 2year period for Congressional review after the submission of the report to Congress.
‘‘(d) EXCEPTIONS.—The prohibitions contained in subsections (a) and (b) shall not apply to any of the following:
‘‘(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) ENFORCEMENT.—For purposes of enforcement, the
prohibitions contained in subsections (a) and (b) shall
be treated as requirements established pursuant to section 307 of the Federal Aviation Act of 1958 [see 49
U.S.C. 40103(b)]. To provide information to pilots regarding the restrictions established under this Act, the
Administrator shall provide public notice of such restrictions in appropriate Federal Aviation Administration publications as soon as practicable after the enactment of this Act [Aug. 18, 1987].
‘‘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) RECOMMENDATIONS.—
‘‘(1) SUBMISSION.—Within 30 days after the enactment of this Act [Aug. 18, 1987], the Secretary shall
submit to the Administrator recommendations regarding actions necessary for the protection of resources in the Grand Canyon from adverse impacts
associated with aircraft overflights. The recommendations shall provide for substantial restoration
of the natural quiet and experience of the park and
protection of public health and safety from adverse
effects associated with aircraft overflight. Except as
provided in subsection (c), the recommendations shall
contain provisions prohibiting the flight of aircraft
below the rim of the Canyon, and shall designate
flight free zones. Such zones shall be flight free except for purposes of administration and for emergency operations, including those required for the
transportation of persons and supplies to and from
Supai Village and the lands of the Havasupai Indian
Tribe of Arizona. The Administrator, after consulta-

§ 1a–2

TITLE 16—CONSERVATION

tion with the Secretary, shall define the rim of the
Canyon in a manner consistent with the purposes of
this paragraph.
‘‘(2) IMPLEMENTATION.—Not later than 90 days after
receipt of the recommendations under paragraph (1)
and after notice and opportunity for hearing, the Administrator shall prepare and issue a final plan for
the management of air traffic in the air space above
the Grand Canyon. The plan shall, by appropriate
regulation, implement the recommendations of the
Secretary without change unless the Administrator
determines that implementing the recommendations
would adversely affect aviation safety. If the Administrator determines that implementing the recommendations would adversely affect aviation safety, he
shall, not later than 60 days after making such determination, in consultation with the Secretary and
after notice and opportunity for hearing, review the
recommendations consistent with the requirements
of paragraph (1) to eliminate the adverse effects on
aviation safety and issue regulations implementing
the revised recommendations in the plan. In addition
to the Administrator’s authority to implement such
regulations under the Federal Aviation Act of 1958
[see 49 U.S.C. 40101 et seq.], the Secretary may enforce the appropriate requirements of the plan under
such rules and regulations applicable to the units of
the National Park System as he deems appropriate.
‘‘(3) REPORT.—Within 2 years after the effective
date of the plan required by subsection (b)(2), the Secretary shall submit to the Congress a report discussing—
‘‘(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) HELICOPTER FLIGHTS OF RIVER RUNNERS.—Subsection (b) shall not prohibit the flight of helicopters—
‘‘(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 (92
Stat. 1649–1659) for a period of not less than 180 days beginning within 60 days of enactment of this Act [Aug.
18, 1987]. In addition to any actions the Administrator
may take as a result of such surveillance, he shall provide a report to the Committee on Interior and Insular
Affairs and the Committee on Public Works and Transportation of the United States House of Representatives and to the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and
Transportation of the United States Senate. Such report is to be submitted within 30 days of completion of
the surveillance activities. Such report shall include
but not necessarily be limited to information on the
type and frequency of aircraft using the airspace over
the Boundary Waters Canoe Area Wilderness.
‘‘SEC. 5. ASSESSMENT OF NATIONAL FOREST SYSTEM WILDERNESS OVERFLIGHTS.
‘‘(a) ASSESSMENT BY FOREST SERVICE.—The Chief of
the Forest Service (hereinafter referred to as the
‘Chief’) shall conduct an assessment to determine what,
if any, adverse impacts to wilderness resources are associated with overflights of National Forest System
wilderness areas. The Administrator of the Federal
Aviation Administration shall provide technical assistance to the Chief in carrying out the assessment. Such
assessment shall apply only to overflight of wilderness

Page 34

areas and shall not apply to aircraft flights or landings
adjacent to National Forest System wilderness units.
The assessment shall not apply to any National Forest
System wilderness units in the State of Alaska.
‘‘(b) REPORT TO CONGRESS.—The Chief shall submit a
report to Congress within 2 years after enactment of
this Act [Aug. 18, 1987] containing the results of the assessments carried out under this section.
‘‘(c) AUTHORIZATION.—Effective October 1, 1987, there
are authorized to be appropriated such sums as may be
necessary to carry out the assessment under this section.
‘‘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 section 5703 of title 5.
(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

Page 35

TITLE 16—CONSERVATION

(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 chapters 1 to 11 of title 40
and division C (except sections 3302, 3307(e),
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of
title 41 products and services produced in the
conduct of living exhibits and interpretive
demonstrations in areas of the national park
system, to enter into contracts including cooperative arrangements with respect to such
living exhibits and interpretive demonstrations, and to credit the proceeds therefrom to
the appropriation bearing the cost of such exhibits and demonstrations. Sixty percent of
the fees paid by permittees for the privilege of
entering into Glacier Bay for the period beginning on the first full fiscal year following November 12, 1996, shall be deposited into a special account and that such funds shall be
available—
(1) to the extent determined necessary, to
acquire and preposition necessary and adequate emergency response equipment to prevent harm or the threat of harm to aquatic
park resources from permittees; and
(2) to conduct investigations to quantify
any effect of permittees’ activity on wildlife
and other natural resource values of Glacier
Bay National Park. The investigations provided for in this subsection shall be designed
to provide information of value to the Secretary, in determining any appropriate limitations on permittees’ activity in Glacier
Bay. The Secretary may not impose any additional permittee operating conditions in
the areas of air, water, and oil pollution beyond those determined and enforced by
other appropriate agencies. When competitively awarding permits to enter Glacier
Bay, the Secretary may take into account
the relative impact particular permittees
will have on park values and resources, provided that no operating conditions or limitations relating to noise abatement shall be
imposed unless the Secretary determines,
based on the weight of the evidence from all
available studies including verifiable scientific information from the investigations
provided for in this subsection, that such
limitations or conditions are necessary to
protect park values and resources. Fees paid
by certain permittees for the privilege of entering into Glacier Bay shall not exceed $5
per passenger. For the purposes of this subsection, ‘‘certain permittee’’ shall mean a
permittee which provides overnight accom-

§ 1a–2

modations for at least 500 passengers for an
itinerary of at least 3 nights, and ‘‘permittee’’ shall mean a concessionaire providing
visitor services within Glacier Bay. Nothing
in this subsection authorizes the Secretary
to require additional categories of permits
in, or otherwise increase the number of permits to enter Glacier Bay National Park.
(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.
(j) Cooperative research and training programs
Enter into cooperative agreements with public or private educational institutions, States,
and their political subdivisions, for the purpose of developing adequate, coordinated, cooperative research and training programs concerning the resources of the National Park
System, and, pursuant to any such agreements, to accept from and make available to
the cooperator such technical and support
staff, financial assistance for mutually agreed
upon research projects, supplies and equipment, facilities, and administrative services
relating to cooperative research units as the
Secretary deems appropriate; except that this
paragraph shall not waive any requirements
for research projects that are subject to the
Federal procurement regulations.
(k) Leases
(1) In general
Except as provided in paragraph (2) and
subject to paragraph (3), the Secretary may
enter into a lease with any person or governmental entity for the use of buildings and
associated property administered by the
Secretary as part of the National Park System.
(2) Prohibited activities
The Secretary may not use a lease under
paragraph (1) to authorize the lessee to engage in activities that are subject to authorization by the Secretary through a concessions contract, commercial use authorization, or similar instrument.

§ 1a–2

TITLE 16—CONSERVATION

(3) Use
Buildings and associated property leased
under paragraph (1)—
(A) shall be used for an activity that is
consistent with the purposes established
by law for the unit in which the building is
located;
(B) shall not result in degradation of the
purposes and values of the unit; and
(C) shall be compatible with National
Park Service programs.
(4) Rental amounts
(A) In general
With respect to a lease under paragraph
(1)—
(i) payment of fair market value rental
shall be required; and
(ii) section 1302 of title 40 shall not
apply.
(B) Adjustment
The Secretary may adjust the rental
amount as appropriate to take into account any amounts to be expended by the
lessee for preservation, maintenance, restoration, improvement, or repair and related expenses.
(C) Regulation
The Secretary shall promulgate regulations implementing this subsection that
includes provisions to encourage and facilitate competition in the leasing process
and provide for timely and adequate public
comment.
(5) Special account
(A) Deposits
Rental payments under a lease under
paragraph (1) shall be deposited in a special account in the Treasury of the United
States.
(B) Availability
Amounts in the special account shall be
available until expended, without further
appropriation, for infrastructure needs at
units of the National Park System, including—
(i) facility refurbishment;
(ii) repair and replacement;
(iii) infrastructure projects associated
with park resource protection; and
(iv) direct maintenance of the leased
buildings and associated properties.
(C) Accountability and results
The Secretary shall develop procedures
for the use of the special account that ensure accountability and demonstrated results consistent with this Act.
(l) Cooperative management agreements
(1) In general
Where a unit of the National Park System
is located adjacent to or near a State or
local park area, and cooperative management between the National Park Service and
a State or local government agency of a portion of either park will allow for more effective and efficient management of the parks,

Page 36

the Secretary may enter into an agreement
with a State or local government agency to
provide for the cooperative management of
the Federal and State or local park areas.
The Secretary may not transfer administration responsibilities for any unit of the National Park System under this paragraph.
(2) Provision of goods and services
Under a cooperative management agreement, the Secretary may acquire from and
provide to a State or local government agency goods and services to be used by the Secretary and the State or local governmental
agency in the cooperative management of
land.
(3) Assignment
An assignment arranged by the Secretary
under section 3372 of title 5 of a Federal,
State, or local employee for work in any
Federal, State, or local land or an extension
of such an assignment may be for any period
of time determined by the Secretary and the
State or local agency to be mutually beneficial.
(Pub. L. 91–383, § 3, Aug. 18, 1970, 84 Stat. 826;
Pub. L. 94–458, § 1, Oct. 7, 1976, 90 Stat. 1939; Pub.
L. 104–333, div. I, title VII, § 703, title VIII, § 818,
Nov. 12, 1996, 110 Stat. 4185, 4201; Pub. L. 105–391,
title VIII, § 802(a), Nov. 13, 1998, 112 Stat. 3522;
Pub. L. 106–176, title I, § 118, Mar. 10, 2000, 114
Stat. 28.)
REFERENCES IN TEXT
This Act, referred to in subsec. (k)(5)(C), means Pub.
L. 91–383, Aug. 18, 1970, 84 Stat. 825, as amended, known
as the ‘‘National Park System General Authorities
Act’’. As originally enacted, Pub. L. 91–383 contained
sections 1 to 4, the first 3 of which enacted sections 1a–1
and 1a–2 and amended sections 1b and 1c of this title.
Pub. L. 94–458 amended Pub. L. 91–383 by adding sections 5 to 12, which enacted sections 1a–3 to 1a–7,
amended sections 17j, 460n–5, 463, 470a, and 559, and repealed sections 10, 10a, 17b–1, and 415 of this title. Pub.
L. 103–322 amended Pub. L. 91–383 by adding section 13,
which enacted section 1a–7a of this title. For complete
classification of this Act to the Code, see Short Title of
1970 Amendment note set out under section 1 of this
title and Tables.
CODIFICATION
In subsec. (c), ‘‘section 5703 of title 5’’ substituted for
‘‘section 5 of the Administrative Expenses Act of 1946 (5
U.S.C. 5703)’’ on authority of Pub. L. 89–554, § 7(b), Sept.
6, 1966, 80 Stat. 631, the first section of which enacted
Title 5, Government Organization and Employees.
In subsec. (g), ‘‘chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41’’ substituted for ‘‘the
Federal Property and Administrative Services Act of
1949, as amended,’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted
Title 40, Public Buildings, Property, and Works, and
Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which
Act enacted Title 41, Public Contracts.
‘‘Section 1302 of title 40’’ substituted in subsec.
(k)(4)(A)(ii) for ‘‘section 321 of the Act of June 30, 1932
(47 Stat. 412, chapter 314; 40 U.S.C. 303b)’’ on authority
of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the
first section of which enacted Title 40, Public Buildings, Property, and Works.
AMENDMENTS
2000—Subsecs. (a) to (f). Pub. L. 106–176, § 118(2), (3),
capitalized the first letter of the first word and substituted a period for the semicolon at end.

Page 37

§ 1a–5

TITLE 16—CONSERVATION

Subsec. (g). Pub. L. 106–176, § 118(1), (2), in introductory provisions, capitalized the first letter of the first
word and substituted a period for the semicolon after
‘‘such exhibits and demonstrations’’.
Subsec. (h). Pub. L. 106–176, § 118(2), (3), capitalized
the first letter of the first word and substituted a period for the semicolon at end.
Subsec. (i). Pub. L. 106–176, § 118(2), (4), capitalized the
first letter of the first word and substituted a period for
‘‘; and’’ at end.
Subsec. (j). Pub. L. 106–176, § 118(5), realigned margins.
1998—Subsecs. (k), (l). Pub. L. 105–391 added subsecs.
(k) and (l).
1996—Subsec. (g). Pub. L. 104–333, § 703, inserted provisions relating to Glacier Bay and substituted ‘‘interpretive demonstrations’’ for ‘‘interpretive demonstrations
and park programs’’.
Subsec. (j). Pub. L. 104–333, § 818, added subsec. (j).
1976—Subsec. (e). Pub. L. 94–458, § 1(1), inserted provision requiring Secretary to consider impact on primary
natural and historic resources of an area before entering into contracts.
Subsecs. (h), (i). Pub. L. 94–458, § 1(2), added subsecs.
(h) and (i).
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
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 2year period, or in the case of a committee established
by the Congress, its duration is otherwise provided by
law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 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.
(Pub. L. 91–383, § 6, as added Pub. L. 94–458, § 2,
Oct. 7, 1976, 90 Stat. 1939; amended Pub. L.
103–437, § 6(a)(1), Nov. 2, 1994, 108 Stat. 4583.)
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives’’ for ‘‘Committees on Interior and Insular Affairs
of the United States Congress’’.

§ 1a–4. Uniform allowance
Notwithstanding section 5901(a) of title 5, the
uniform allowance for uniformed employees of
the National Park Service may be up to $400 annually.
(Pub. L. 91–383, § 7, as added Pub. L. 94–458, § 2,
Oct. 7, 1976, 90 Stat. 1940.)
§ 1a–5. Additional areas for National Park System
(a) General authority
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. 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.
(b) Studies of areas for potential addition
(1) At the beginning of each calendar year,
along with the annual budget submission, the
Secretary shall submit to the Committee on Re-

§ 1a–5

TITLE 16—CONSERVATION

sources of the House of Representatives and to
the Committee on Energy and Natural Resources of the United States Senate a list of
areas recommended for study for potential inclusion in the National Park System.
(2) In developing the list to be submitted
under this subsection, the Secretary shall consider—
(A) those areas that have the greatest potential to meet the established criteria of national significance, suitability, and feasibility;
(B) themes, sites, and resources not already
adequately represented in the National Park
System; and
(C) public petition and Congressional resolutions.
(3) No study of the potential of an area for inclusion in the National Park System may be initiated after November 13, 1998, except as provided by specific authorization of an Act of Congress.
(4) Nothing in this Act shall limit the authority of the National Park Service to conduct preliminary resource assessments, gather data on
potential study areas, provide technical and
planning assistance, prepare or process nominations for administrative designations, update
previous studies, or complete reconnaissance
surveys of individual areas requiring a total expenditure of less than $25,000.
(5) Nothing in this section shall be construed
to apply to or to affect or alter the study of any
river segment for potential addition to the national wild and scenic rivers system or to apply
to or to affect or alter the study of any trail for
potential addition to the national trails system.
(c) Report
(1) The Secretary shall complete the study for
each area for potential inclusion in the National
Park System within 3 complete fiscal years following the date on which funds are first made
available for such purposes. Each study under
this section shall be prepared with appropriate
opportunity for public involvement, including at
least one public meeting in the vicinity of the
area under study, and after reasonable efforts to
notify potentially affected landowners and State
and local governments.
(2) In conducting the study, the Secretary
shall consider whether the area under study—
(A) possesses nationally significant natural
or cultural resources and represents one of the
most important examples of a particular resource type in the country; and
(B) is a suitable and feasible addition to the
system.
(3) Each study—
(A) shall consider the following factors with
regard to the area being studied—
(i) the rarity and integrity of the resources;
(ii) the threats to those resources;
(iii) similar resources are already protected in the National Park System or in
other public or private ownership;
(iv) the public use potential;
(v) the interpretive and educational potential;
(vi) costs associated with acquisition, development and operation;

Page 38

(vii) the socioeconomic impacts of any designation;
(viii) the level of local and general public
support; and
(ix) whether the area is of appropriate configuration to ensure long-term resource protection and visitor use;
(B) shall consider whether direct National
Park Service management or alternative protection by other public agencies or the private
sector is appropriate for the area;
(C) shall identify what alternative or combination of alternatives would in the professional judgment of the Director of the National Park Service be most effective and efficient in protecting significant resources and
providing for public enjoyment; and
(D) may include any other information
which the Secretary deems to be relevant.
(4) Each study shall be completed in compliance with the National Environmental Policy
Act of 1969 [42 U.S.C. 4321 et seq.].
(5) The letter transmitting each completed
study to Congress shall contain a recommendation regarding the Secretary’s preferred management option for the area.
(d) New area study office
The Secretary shall designate a single office
to be assigned to prepare all new area studies
and to implement other functions of this section.
(e) List of areas
At the beginning of each calendar year, along
with the annual budget submission, the Secretary shall submit to the Committee on Resources of the House of Representatives and to
the Committee on Energy and Natural Resources of the Senate a list of areas which have
been previously studied which contain primarily
historical resources, and a list of areas which
have been previously studied which contain primarily natural resources, in numerical order of
priority for addition to the National Park System. In developing the lists, the Secretary
should consider threats to resource values, cost
escalation factors, and other factors listed in
subsection (c) of this section. The Secretary
should only include on the lists areas for which
the supporting data is current and accurate.
(f) Authorization of appropriations
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. For
carrying out subsections (b) through (d) of this
section there are authorized to be appropriated
$2,000,000 for each fiscal year.
(Pub. L. 91–383, § 8, as added Pub. L. 94–458, § 2,
Oct. 7, 1976, 90 Stat. 1940; amended Pub. L. 95–625,
title VI, § 604(1), Nov. 10, 1978, 92 Stat. 3518; Pub.
L. 96–199, title I, § 104, Mar. 5, 1980, 94 Stat. 68;
Pub. L. 96–344, § 8, Sept. 8, 1980, 94 Stat. 1135;
Pub. L. 103–437, § 6(b), Nov. 2, 1994, 108 Stat. 4583;
Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(I),

Page 39

TITLE 16—CONSERVATION

Nov. 12, 1996, 110 Stat. 4196; Pub. L. 105–391, title
III, § 303, Nov. 13, 1998, 112 Stat. 3501.)
REFERENCES IN TEXT
This Act, referred to in subsec. (b)(4), means Pub. L.
91–383, Aug. 18, 1970, 84 Stat. 825, as amended, known as
the ‘‘National Park System General Authorities Act’’.
As originally enacted, Pub. L. 91–383 contained sections
1 to 4, the first 3 of which enacted sections 1a–1 and 1a–2
and amended sections 1b and 1c of this title. Pub. L.
94–458 amended Pub. L. 91–383 by adding sections 5 to 12,
which enacted sections 1a–3 to 1a–7, amended sections
17j, 460n–5, 463, 470a, and 559, and repealed sections 10,
10a, 17b–1, and 415 of this title. Pub. L. 103–322 amended
Pub. L. 91–383 by adding section 13, which enacted section 1a–7a of this title. For complete classification of
this Act to the Code, see Short Title of 1970 Amendment note set out under section 1 of this title and
Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (c)(4), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally
to chapter 55 (§ 4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–391, § 303(1), (2), inserted
heading and struck out after first sentence ‘‘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.’’
Pub. L. 105–391, § 303(3), redesignated last two sentences as subsec. (f).
Subsecs. (b) to (e). Pub. L. 105–391, § 303(4), added subsecs. (b) to (e).
Subsec. (f). Pub. L. 105–391, § 303(3), (5), redesignated
last two sentences of subsec. (a) as (f), inserted heading,
and inserted at end ‘‘For carrying out subsections (b)
through (d) of this section there are authorized to be
appropriated $2,000,000 for each fiscal year.’’
1996—Subsec. (b). Pub. L. 104–333 struck out subsec.
(b) which read as follows: ‘‘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.’’
1994—Subsec. (a). Pub. L. 103–437, § 6(b)(1), substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
after ‘‘Committee on’’.
Subsec. (b). Pub. L. 103–437, § 6(b)(2), substituted ‘‘The
Secretary shall submit to the Committee on Natural
Resources’’ for ‘‘Within six months of March 5, 1980, the
Secretary shall submit to the Committee on Interior
and Insular Affairs’’.
1980—Subsec. (a). Pub. L. 96–344 inserted provisions
requiring that each report indicate and elaborate on

§ 1a–5

the theme or themes which the area represents as indicated in the National Park System Plan and the annual
priority listing of areas be accomplished by a synopsis,
for each report previously submitted, of current and
changed conditions of the resource integrity of the area
or other relevant factors, to cover the period since the
previous such submission or initial report submission
one year earlier.
Pub. L. 96–199, § 104(a), (b), designated existing provisions as subsec. (a) and inserted provision 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 Interior and Insular Affairs 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.
Subsec. (b). Pub. L. 96–199, § 104(b), added subsec. (b).
1978—Pub. L. 95–625 authorized annual appropriations
of $1,000,000 for studies for potential new Park System
units and for monitoring the welfare of those resources
and $1,500,000 for monitoring the welfare and integrity
of the national landmarks.
COLD WAR SITES THEME STUDY
Pub. L. 111–11, title VII, § 7210, Mar. 30, 2009, 123 Stat.
1210, provided that:
‘‘(a) DEFINITIONS.—
‘‘(1) ADVISORY COMMITTEE.—The term ‘Advisory
Committee’ means the Cold War Advisory Committee
established under subsection (c).
‘‘(2) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘(3) THEME STUDY.—The term ‘theme study’ means
the national historic landmark theme study conducted under subsection (b)(1).
‘‘(b) COLD WAR THEME STUDY.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a national historic landmark theme study to identify
sites and resources in the United States that are significant to the Cold War.
‘‘(2) RESOURCES.—In conducting the theme study,
the Secretary shall consider—
‘‘(A) the inventory of sites and resources associated with the Cold War completed by the Secretary
of Defense under section 8120(b)(9) of the Department of Defense Appropriations Act, 1991 (Public
Law 101–511; 104 Stat. 1906); and
‘‘(B) historical studies and research of Cold War
sites and resources, including—
‘‘(i) intercontinental ballistic missiles;
‘‘(ii) flight training centers;
‘‘(iii) manufacturing facilities;
‘‘(iv) communications and command centers
(such as Cheyenne Mountain, Colorado);
‘‘(v) defensive radar networks (such as the Distant Early Warning Line);
‘‘(vi) nuclear weapons test sites (such as the Nevada test site); and
‘‘(vii) strategic and tactical aircraft.
‘‘(3) CONTENTS.—The theme study shall include—
‘‘(A) recommendations for commemorating and
interpreting sites and resources identified by the
theme study, including—
‘‘(i) sites for which studies for potential inclusion in the National Park System should be authorized;
‘‘(ii) sites for which new national historic landmarks should be nominated; and
‘‘(iii) other appropriate designations;
‘‘(B) recommendations for cooperative agreements with—
‘‘(i) State and local governments;
‘‘(ii) local historical organizations; and
‘‘(iii) other appropriate entities; and
‘‘(C) an estimate of the amount required to carry
out the recommendations under subparagraphs (A)
and (B).

§ 1a–5

TITLE 16—CONSERVATION

‘‘(4) CONSULTATION.—In conducting the theme
study, the Secretary shall consult with—
‘‘(A) the Secretary of the Air Force;
‘‘(B) State and local officials;
‘‘(C) State historic preservation offices; and
‘‘(D) other interested organizations and individuals.
‘‘(5) REPORT.—Not later than 3 years after the date
on which funds are made available to carry out this
section, the Secretary shall submit to the Committee
on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources
of the Senate a report that describes the findings,
conclusions, and recommendations of the theme
study.
‘‘(c) COLD WAR ADVISORY COMMITTEE.—
‘‘(1) ESTABLISHMENT.—As soon as practicable after
funds are made available to carry out this section,
the Secretary shall establish an advisory committee,
to be known as the ‘Cold War Advisory Committee’,
to assist the Secretary in carrying out this section.
‘‘(2) COMPOSITION.—The Advisory Committee shall
be composed of 9 members, to be appointed by the
Secretary, of whom—
‘‘(A) 3 shall have expertise in Cold War history;
‘‘(B) 2 shall have expertise in historic preservation;
‘‘(C) 1 shall have expertise in the history of the
United States; and
‘‘(D) 3 shall represent the general public.
‘‘(3) CHAIRPERSON.—The Advisory Committee shall
select a chairperson from among the members of the
Advisory Committee.
‘‘(4) COMPENSATION.—A member of the Advisory
Committee shall serve without compensation but
may be reimbursed by the Secretary for expenses reasonably incurred in the performance of the duties of
the Advisory Committee.
‘‘(5) MEETINGS.—On at least 3 occasions, the Secretary (or a designee) shall meet and consult with the
Advisory Committee on matters relating to the
theme study.
‘‘(d) INTERPRETIVE HANDBOOK ON THE COLD WAR.—Not
later than 4 years after the date on which funds are
made available to carry out this section, the Secretary
shall—
‘‘(1) prepare and publish an interpretive handbook
on the Cold War; and
‘‘(2) disseminate information in the theme study by
other appropriate means.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$500,000.’’
NATIONAL PARK SERVICE STUDIES
Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 326], Nov.
29, 1999, 113 Stat. 1535, 1501A–194, provided that:
‘‘(a) SHORT TITLE.—This section may be cited as the
‘National Park Service Studies Act of 1999’.
‘‘(b) AUTHORIZATION OF STUDIES.—
‘‘(1) IN GENERAL.—The Secretary of the Interior
(‘the Secretary’) shall conduct studies of the geographical areas and historic and cultural themes described in subsection (b)(3) to determine the appropriateness of including such areas or themes in the
National Park System.
‘‘(2) CRITERIA.—In conducting the studies authorized by this Act, the Secretary shall use the criteria
for the study of areas for potential inclusion in the
National Park System in accordance with section 8 of
Public Law 91–383 [16 U.S.C. 1a–5], as amended by section 303 of the National Parks Omnibus Management
Act (Public Law 105–391; 112 Stat. 3501) [16 U.S.C.
1a–5].
‘‘(3) STUDY AREAS.—The Secretary shall conduct
studies of the following:
‘‘(A) Anderson Cottage, Washington, District of
Columbia.
‘‘(B) Bioluminescent Bay, Puerto Rico.
‘‘(C) Civil Rights Sites, multi-State.

Page 40

‘‘(D) Crossroads of the American Revolution, Central New Jersey.
‘‘(E) Fort Hunter Liggett, California.
‘‘(F) Fort King, Florida.
‘‘(G) Gaviota Coast Seashore, California.
‘‘(H) Kate Mullany House, New York.
‘‘(I) Loess Hills, Iowa.
‘‘(J) Low Country Gullah Culture, multi-State.
‘‘(K) Nan Madol, State of Ponape, Federated
States of Micronesia (upon the request of the Government of the Federated States of Micronesia).
‘‘(L) Walden Pond and Woods, Massachusetts.
‘‘(M) World War II Sites, Commonwealth of the
Northern Marianas.
‘‘(N) World War II Sites, Republic of Palau (upon
the request of the Government of the Republic of
Palau).
‘‘(c) REPORTS.—The Secretary shall submit to the
Committee on Energy and Natural Resources of the
Senate and the Committee on Resources [now Committee on Natural Resources] of the House of Representatives a report on the findings, conclusions, and recommendations of each study under subsection (b) within
three fiscal years following the date on which funds are
first made available for each study.’’
PURPOSE OF 1998 AMENDMENT
Pub. L. 105–391, title III, § 302, Nov. 13, 1998, 112 Stat.
3501, provided that: ‘‘It is the purpose of this title
[amending this section and enacting provisions set out
as a note under section 1 of this title] to reform the
process by which areas are considered for addition to
the National Park System.’’
REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC
PRESERVATION STUDY
Section 603 of title VI of div. I of Pub. L. 104–333, as
amended by Pub. L. 106–176, title I, § 114, Mar. 10, 2000,
114 Stat. 27, enacted the Revolutionary War and War of
1812 Historic Preservation Study Act of 1996 which
made congressional findings as to importance of such
preservation study, defined various terms, directed
Secretary of the Interior as to preparation of, matters
to be included in, consultation with respect to, and report concerning such study, and authorized appropriations.
LOWER MISSISSIPPI DELTA REGION INITIATIVES
Pub. L. 103–433, title XI, Oct. 31, 1994, 108 Stat. 4512,
directed Secretary of the Interior, in consultation with
Delta Region States, the Lower Mississippi Delta Development Center, the Chairs of the National Endowment for the Arts and the National Endowment for the
Humanities, the Director of the Smithsonian Institution, Historically Black Colleges and Universities,
State Archaeological Surveys and Regional Archaeological Centers and other appropriate institutions, to
prepare and transmit to Congress a series of studies involving Delta Region heritage particularly development of Delta Region Corridors and Heritage and Cultural Centers, preservation of historic and prehistoric
sites and structures, Delta antiquities survey, and comprehensive historic and archaeological resources program.
BOSTON HARBOR ISLANDS STUDY
Pub. L. 102–525, title V, § 501, Oct. 26, 1992, 106 Stat.
3442, directed Secretary of the Interior to study within
one year after Oct. 26, 1992, opportunities for National
Park Service to promote conservation and use by the
public of Boston Harbor Islands, and in so doing to consult local governmental authorities, to evaluate suitability of establishing Boston Harbor Islands as unit of
National Park System, to assess tourism and public
education opportunities of management in conjunction
with nearby units of National Park System, to evaluate possible transportation links with those units, and
to submit, not later than one year after Oct. 26, 1992, a
report of findings, conclusions, and recommendations
to Congress.

Page 41

TITLE 16—CONSERVATION

NATIONAL HISTORIC LANDMARK THEME STUDY ON
AMERICAN LABOR HISTORY
Pub. L. 102–101, Aug. 17, 1991, 105 Stat. 493, directed
Secretary of the Interior, in consultation with workers,
workers’ representatives, scholars, and preservationists, and under cooperative agreements with scholarly
and public historic organizations, to prepare and transmit to Congress, within 3 years of date of funding, a
theme study to identify key sites in American labor
history, to nominate districts, sites, etc., as national
historic landmarks, to identify possible new park units,
and to prepare a list of the most appropriate sites, and
authorized appropriations of $250,000 to carry out study.
AFRICAN-AMERICAN HISTORY LANDMARK THEME STUDY
Pub. L. 102–98, Aug. 17, 1991, 105 Stat. 485, directed
Secretary of the Interior, in consultation with scholars
and preservationists, and under cooperative agreements with scholarly and public historic organizations,
to prepare and transmit to Congress, within 3 years of
date of funding, a theme study to identify key sites in
history and experience of African-Americans, to nominate districts, sites, etc. as national historic landmarks, to identify possible new park units, and to prepare a list of most appropriate sites, and authorized appropriations of $500,000 to carry out study.
NIOBRARA-BUFFALO PRAIRIE NATIONAL PARK STUDY
Pub. L. 102–50, § 8, May 24, 1991, 105 Stat. 257, directed
Secretary of the Interior to study within 18 months
after May 24, 1991, feasibility and suitability of establishing Niobrara-Buffalo Prairie National Park in Nebraska, including assessment of significance of natural,
cultural, historic, scenic, and recreational resources
and study of feasibility of managing the area by various methods, in consultation with appropriate Federal
agencies, Nature Conservancy, and Nebraska Game and
Parks Commission, and directed Secretary to submit
study to Congress, prior to repeal by Pub. L. 105–362,
title IX, § 901(g)(1), Nov. 10, 1998, 112 Stat. 3290.
UNDERGROUND RAILROAD STUDY
Pub. L. 101–628, title VI, Nov. 28, 1990, 104 Stat. 4495,
directed Secretary of the Interior to conduct a study of
alternatives for commemorating the Underground Railroad in order to preserve and protect this aspect of
American history, directed preparation of an interpretive handbook on the Underground Railroad in larger
context of American antebellum society, including history of slavery and abolitionism, and authorized establishment of Underground Railroad Advisory Committee
to meet and consult with Secretary on matters relating
to the study.
CIVIL WAR AND OTHER STUDIES
Pub. L. 101–628, title XII, §§ 1201–1210, Nov. 28, 1990, 104
Stat. 4503–4507, as amended by Pub. L. 102–166, title V,
§ 501, Nov. 21, 1991, 105 Stat. 1100, provided that title XII
of Pub. L. 101–628 could be cited as the ‘‘Civil War Sites
Study Act of 1990’’, directed Secretary of the Interior
to prepare a study of Shenandoah Valley Civil War
sites in order to obtain information on significance of
such sites, threats to their integrity, and alternatives
for their preservation, authorized establishment of
Civil War Sites Advisory Commission, directed such
Commission to prepare a study of historically significant sites other than Shenandoah Valley Civil War
sites, and directed Secretary to undertake a complete
revision of National Park Service ‘‘Thematic Framework’’ to reflect current scholarship on American history and culture, historic and prehistoric archeology,
and architecture.
REPORT TO CONGRESS ON CRITERIA FOR INCLUSION AS
AFFILIATED AREA OF NATIONAL PARK SYSTEM
Pub. L. 100–336, § 2, June 17, 1988, 102 Stat. 617, directed Secretary, in consultation with interested conservation, professional, and park management organi-

§ 1a–5

zations and individuals, to prepare and submit to Committee on Interior and Insular Affairs of House of Representatives and Committee on Energy and Natural Resources of Senate a report of criteria for elements of
national significance and other factors necessary for a
proposed area to be considered appropriate for inclusion as an affiliated area of National Park System including an analysis of applicability to Wildlife Prairie
Park, this report to address responsibilities to be required of operators of an affiliated area and responsibilities of National Park Service to any such designated
area, with report to be submitted not later than two
years from June 17, 1988, and to provide recommendations by Secretary of the Interior including but not
limited to how criteria for national significance and
other factors should be made applicable to future proposed affiliated areas, when such areas are considered
by the Secretary, and any criteria or procedures for
such considerations by Congress including recommendations for legislative action.
STUDY OF HISTORICAL CAMDEN, SOUTH CAROLINA, REGARDING ESTABLISHMENT AS UNIT OF NATIONAL PARK
SYSTEM; TRANSMITTAL TO PRESIDENT AND CONGRESSIONAL COMMITTEES
Pub. L. 95–629, title IV, § 401, Nov. 10, 1978, 92 Stat.
3640, directed Secretary of the Interior to prepare and
transmit to President, Committee on Interior and Insular Affairs of House of Representatives, and Committee
on Energy and Natural Resources of Senate a study of
Historical Camden, consisting of approximately ninety
acres of land in Camden, South Carolina, to determine
feasibility and desirability of establishing such area as
a unit of the National Park System, with study to be
transmitted not later than two years following date on
which funds are appropriated for study and to include
cost estimates for any necessary acquisition, development, operation and maintenance, as well as any alternatives for administration and protection of area.
CROW CREEK VILLAGE ARCHEOLOGICAL SITE, SOUTH DAKOTA; FEASIBILITY/SUITABILITY STUDY; TRANSMITTAL
TO CONGRESSIONAL COMMITTEES; COST ESTIMATES;
SITE PRESERVATION
Section 512 of Pub. L. 95–625 directed Secretary to
prepare and transmit to Committee on Energy and Natural Resources of Senate and Committee on Interior
and Insular Affairs of House of Representatives within
two years from Nov. 10, 1978, a feasibility/suitability
study of Crow Creek Village archeological site, Buffalo
County, South Dakota, as a unit of National Park System, including cost estimates for any necessary acquisition, development, operation and maintenance, as
well as any feasible alternatives for administration and
protection of area, including, but not limited to, Federal financial and technical assistance to State of
South Dakota, Buffalo County or other suitable entity,
and directed Secretary of the Army to take such actions as may be necessary to preserve and protect such
site from any adverse impact on site and to refrain
from any activities which might cause such impact
until two years from date of submission of study by
Secretary.
RIDGELANDS AREA STUDY; CONSULTATION AND COORDINATION; REPORT TO PRESIDENT AND CONGRESS; AUTHORIZATION OF APPROPRIATIONS
Section 602 of Pub. L. 95–625 directed Secretary to
study feasibility and desirability of establishing Ridgelands area east of San Francisco Bay as a unit of National Park System, to consult with other Federal,
State, and local agencies in conduct of this study, to
coordinate this study with applicable local and State
plans and planning activities relating to Ridgelands,
and to report findings and recommendations to Presi-

§ 1a–6

TITLE 16—CONSERVATION

dent and Congress not later than one year after Nov. 10,
1978.
OAK CREEK CANYON, YAVAPAI, SOLDIERS WASH-MORMON CANYON, AND CHIRICAHUA NATIONAL MONUMENT,
ARIZONA; STUDIES BY SECRETARIES OF THE INTERIOR
AND AGRICULTURE
Section 605 of Pub. L. 95–625 directed Secretary, in cooperation with Secretary of Agriculture where national
forest lands are involved, to conduct a study to determine suitable boundaries for Oak Creek Canyon,
Yavapai, Soldiers Wash-Mormon Canyon areas in Arizona as a unit or units of National Park System, and
to conduct a study of boundary of Chiricahua National
Monument, Arizona, to determine appropriate location
of a boundary line for additions to monument, with
both reports to be submitted by Secretary to Committee on Interior and Insular Affairs of House of Representatives and Committee on Energy and Natural Resources of Senate not later than one year following
date on which funds are appropriated for purpose of
study.
IRVINE COAST-LAGUNA, CALIFORNIA STUDY
Section 608 of Pub. L. 95–625 directed Secretary to
study feasibility and desirability of establishing Irvine
Coast-Laguna beach area as a unit of National Park
System, to consult with other Federal, State, and local
agencies in conduct of this study, and to report findings and recommendations to President and Congress
within six months after Nov. 10, 1978.

§ 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.

Page 42

(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;
(3) mutually waive, in any agreement pursuant to paragraphs (1) and (2) of this subsection
or pursuant to subsection (b)(1) of this section
with any State or political subdivision thereof
where State law requires such waiver and indemnification, any and all civil claims against
all the other parties thereto and, subject to
available appropriations, indemnify and save
harmless the other parties to such agreement
from all claims by third parties for property
damage or personal injury, which may arise
out of the parties’ activities outside their respective jurisdictions under such agreement;
and
(4) 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.
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)

Page 43

§ 1a–7

TITLE 16—CONSERVATION

of this section, be considered a Federal employee.
(3) For purposes of subchapter I of chapter 81
of title 5, relating to compensation to Federal
employees for work injuries, 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
deemed a civil service employee of the United
States within the meaning of the term ‘‘employee’’ as defined in section 8101 of title 5, and
the provisions of that subchapter shall apply.
(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.
(Pub. L. 91–383, § 10, as added Pub. L. 94–458, § 2,
Oct. 7, 1976, 90 Stat. 1941; amended Pub. L.
106–437, § 2, Nov. 6, 2000, 114 Stat. 1920; Pub. L.
108–352, § 11, Oct. 21, 2004, 118 Stat. 1397.)
REFERENCES IN TEXT
This Act, referred to in subsec. (e), is Pub. L. 91–383,
Aug. 18, 1970, 84 Stat. 825, as amended, known as the
‘‘National Park System General Authorities Act’’. As
originally enacted, Pub. L. 91–383 contained sections 1
to 4, the first 3 of which enacted sections 1a–1 and 1a–2
and amended sections 1b and 1c of this title. Pub. L.
94–458 amended Pub. L. 91–383 by adding sections 5 to 12,
which enacted sections 1a–3 to 1a–7, amended sections
17j, 460n–5, 463, 470a, and 559, and repealed sections 10,
10a, 17b–1, and 415 of this title. Pub. L. 103–322 amended
Pub. L. 91–383 by adding section 13, which enacted section 1a–7a of this title. For complete classification of
this Act to the Code, see Short Title of 1970 Amendment note set out under section 1 of this title and
Tables.
CODIFICATION
Section is comprised of section 10 of Pub. L. 91–383, as
added. Subsec. (a) of section 10 of Pub. L. 91–383 amended sections 460n–5 and 559 of this title and repealed sections 10, 10a, and 415 of this title.
AMENDMENTS
2004—Subsec. (c). Pub. L. 108–352 made technical
amendment to directory language of Pub. L. 106–437, § 2.
See 2000 Amendment note below.
2000—Subsec. (c). Pub. L. 106–437, § 2, as amended by
Pub. L. 108–352, struck out ‘‘and’’ at end of par. (2),
added par. (3), redesignated former pars. (3) and (4) as
(4) and (5), respectively, and in par. (5) substituted
‘‘The’’ for ‘‘(5) the’’ and aligned left margin with introductory provisions.

§ 1a–7. National Park System development program
(a) Omitted
(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.
(Pub. L. 91–383, § 12, as added Pub. L. 94–458, § 2,
Oct. 7, 1976, 90 Stat. 1942; amended Pub. L. 95–625,
title VI, § 604(3), (4), Nov. 10, 1978, 92 Stat. 3518,
3519; Pub. L. 103–437, § 6(c), Nov. 2, 1994, 108 Stat.
4583; Pub. L. 105–391, title IV, § 415(b)(2), Nov. 13,
1998, 112 Stat. 3515.)
CODIFICATION
Subsection (a), which required the Secretary of the
Interior to 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, terminated, effective May 15, 2000, pursuant to section 3003 of
Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page
110 of House Document No. 103–7.
AMENDMENTS
1998—Subsec. (c). Pub. L. 105–391 struck out subsec.
(c) which read as follows: ‘‘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.’’
1994—Subsecs. (a), (c). Pub. L. 103–437 substituted
‘‘Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the
House of Representatives’’ for ‘‘Committees on Interior
and Insular Affairs’’.
1978—Subsec. (b). Pub. L. 95–625, § 604(3), in revising
text, substituted provisions for preservation and use of
units of the National Park Service for prior provision
for development of the units and for submission of an
annual list to Congress on January 1 for prior provision
for transmission of the plans to the Committees on Interior and Insular Affairs, provided for revision of the
plans in a timely manner, inserted items (1) to (4) and
struck out prior items covering (1) the facilities which
the Director found necessary to accommodate the
health, safety, and recreation needs of the visiting public, including provision of appropriate facilities under
Act Oct. 9, 1965, 79 Stat. 969 [Pub. L. 89–249]; (2) the location and estimated cost of all the facilities; and (3)

§ 1a–7a

TITLE 16—CONSERVATION

the projected need for any additional facilities required
for the unit.
Subsec. (c). Pub. L. 95–625, § 604(4), substituted ‘‘or of
five years or more’’ for ‘‘or exceeding five years’’.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (b) of this section relating to submitting to
Congress, on January 1 each year, a list indicating the
current status of general management plans, see section 3003 of Pub. L. 104–66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance, and
page 110 of House Document No. 103–7.

§ 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.
(Pub. L. 91–383, § 13, as added Pub. L. 103–322,
title IV, § 40132, Sept. 13, 1994, 108 Stat. 1917.)
§ 1a–7b. Protecting Americans from violent crime
(a) Congressional findings
Congress finds the following:
(1) The Second Amendment to the Constitution provides that ‘‘the right of the people to
keep and bear Arms, shall not be infringed’’.

Page 44

(2) Section 2.4(a)(1) of title 36, Code of Federal Regulations, provides that ‘‘except as
otherwise provided in this section and parts 7
(special regulations) and 13 (Alaska regulations), the following are prohibited: (i) Possessing a weapon, trap or net (ii) Carrying a
weapon, trap or net (iii) Using a weapon, trap
or net’’.
(3) Section 27.42 of title 50, Code of Federal
Regulations, provides that, except in special
circumstances, citizens of the United States
may not ‘‘possess, use, or transport firearms
on national wildlife refuges’’ of the United
States Fish and Wildlife Service.
(4) The regulations described in paragraphs
(2) and (3) prevent individuals complying with
Federal and State laws from exercising the
second amendment rights of the individuals
while at units of—
(A) the National Park System; and
(B) the National Wildlife Refuge System.
(5) The existence of different laws relating to
the transportation and possession of firearms
at different units of the National Park System
and the National Wildlife Refuge System entrapped law-abiding gun owners while at units
of the National Park System and the National
Wildlife Refuge System.
(6) Although the Bush administration issued
new regulations relating to the Second
Amendment rights of law-abiding citizens in
units of the National Park System and National Wildlife Refuge System that went into
effect on January 9, 2009—
(A) on March 19, 2009, the United States
District Court for the District of Columbia
granted a preliminary injunction with respect to the implementation and enforcement of the new regulations; and
(B) the new regulations—
(i) are under review by the administration; and
(ii) may be altered.
(7) Congress needs to weigh in on the new
regulations to ensure that unelected bureaucrats and judges cannot again override the
Second Amendment rights of law-abiding citizens on 83,600,000 acres of National Park System land and 90,790,000 acres of land under the
jurisdiction of the United States Fish and
Wildlife Service.
(8) The Federal laws should make it clear
that the second amendment rights of an individual at a unit of the National Park System
or the National Wildlife Refuge System should
not be infringed.
(b) Protecting the right of individuals to bear
arms in units of the National Park System
and the National Wildlife Refuge System
The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm
including an assembled or functional firearm in
any unit of the National Park System or the National Wildlife Refuge System if—
(1) the individual is not otherwise prohibited
by law from possessing the firearm; and
(2) the possession of the firearm is in compliance with the law of the State in which the

Page 45

§ 1a–11

TITLE 16—CONSERVATION

unit of the National Park System or the National Wildlife Refuge System is located.
(Pub. L. 111–24, title V, § 512, May 22, 2009, 123
Stat. 1764.)
EFFECTIVE DATE
Section effective nine months after May 22, 2009, except as otherwise specifically provided, see section 3 of
Pub. L. 111–24, set out as an Effective Date of 2009
Amendment note under section 1602 of Title 15, Commerce and Trade.

§ 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) Repealed. Pub. L. 104–333, div. I, title VIII,
§ 814(d)(1)(F), Nov. 12, 1996, 110 Stat. 4196
(Pub. L. 98–540, § 4, Oct. 24, 1984, 98 Stat. 2719;
Pub. L. 103–437, § 6(d)(1), Nov. 2, 1994, 108 Stat.
4583; Pub. L. 104–333, div. I, title VIII,
§ 814(d)(1)(F), Nov. 12, 1996, 110 Stat. 4196.)
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–333 struck out subsec.
(b) which read as follows:
‘‘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.’’
1994—Subsec. (b). Pub. L. 103–437 in introductory provisions substituted ‘‘Natural Resources’’ for ‘‘Interior
and Insular Affairs’’ after ‘‘Committee on’’.

§ 1a–9. Periodic review of National Park System
The Secretary of the Interior (hereafter in sections 1a–9 to 1a–13 of this title referred to as the
‘‘Secretary’’) is authorized and directed to conduct a systematic and comprehensive review of
certain aspects of the National Park System and
to submit on a periodic basis but not later than
every 3 years a report to the Committee on Natural Resources and the Committee on Appropriations of the United States House of Representatives and the Committee on Energy and
Natural Resources and the Committee on Appropriations of the United States Senate on the
findings of such review, together with such recommendations as the Secretary determines necessary. The first report shall be submitted no
later than 3 years after November 28, 1990.
(Pub. L. 101–628, title XII, § 1213, Nov. 28, 1990, 104
Stat. 4507; Pub. L. 103–437, § 6(d)(2), Nov. 2, 1994,
108 Stat. 4583.)
REFERENCES IN TEXT
Sections 1a–9 to 1a–13 of this title, referred to in text,
was in the original ‘‘this title’’, meaning title XII of
Pub. L. 101–628, Nov. 28, 1990, 104 Stat. 4503, which enacted sections 1a–9 to 1a–13 of this title, amended section 463 of this title, and enacted provisions set out as
a note under section 1a–5 of this title. For complete
classification of title XII to the Code, see Tables.
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Natural Resources’’
for ‘‘Interior and Insular Affairs’’ after ‘‘Committee
on’’.

§ 1a–10. Consultation with affected agencies and
organizations
In conducting and preparing the report referred to in section 1a–9 of this title, the Secretary shall consult with appropriate officials of
affected Federal, State and local agencies, together with national, regional, and local organizations, including but not limited to holding
such public hearings as the Secretary determines to be appropriate to provide a full opportunity for public comment.
(Pub. L. 101–628, title XII, § 1214, Nov. 28, 1990, 104
Stat. 4508.)
REFERENCES IN TEXT
Section 1a–9 of this title, referred to in text, was in
the original ‘‘section 1’’, and was translated as reading
‘‘section 1213’’, meaning section 1213 of Pub. L. 101–628,
title XII, Nov. 28, 1990, 104 Stat. 4507, which enacted section 1a–9 relating to submission of reports, as the probable intent of Congress.

§ 1a–11. Contents of report
The report shall contain—

§ 1a–12

TITLE 16—CONSERVATION

(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.
(Pub. L. 101–628, title XII, § 1215, Nov. 28, 1990, 104
Stat. 4508.)
§ 1a–12. Evaluation
changes

of

proposed

boundary

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.
(Pub. L. 101–628, title XII, § 1216, Nov. 28, 1990, 104
Stat. 4508.)
§ 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
section 1a–12 of this title and accompany this
proposal with a statement reflecting the results of the application of such criteria;
(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.
(Pub. L. 101–628, title XII, § 1217, Nov. 28, 1990, 104
Stat. 4508.)
1 So

in original. Probably should be paragraph ‘‘(a);’’.
in original.
1 So in original. Probably should be followed by a comma.
2 So

Page 46

§ 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; 86
Stat. 776) are hereby waived with respect to any
advisory commission or advisory committee established by law in connection with any national park system unit during the period such
advisory commission or advisory committee is
authorized by law.
(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.
(Pub. L. 102–525, title III, § 301, Oct. 26, 1992, 106
Stat. 3441.)
REFERENCES IN TEXT
Section 14(b) of the Federal Advisory Committee Act,
referred to in subsec. (a), is section 14(b) of Pub. L.
92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.

§ 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

Page 47

§ 1c

TITLE 16—CONSERVATION

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, 67 Stat. 495; Pub. L.
91–383, § 2(a), Aug. 18, 1970, 84 Stat. 826.)
AMENDMENTS
1970—Pub. L. 91–383 struck out ‘‘and miscellaneous
areas administered in connection therewith’’ after ‘‘National Park System’’ and ‘‘and miscellaneous areas’’
after ‘‘aforesaid system’’ in introductory text and ‘‘National Park System’’ in pars. (1), (2), (4) to (7), and (8)
where first appearing.

§ 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 sections 1b to 1d of this title, and the various
authorities relating to the administration and
protection of areas under the administration of
the Secretary of the Interior through the National Park Service, including but not limited
to the Act of August 25, 1916 (39 Stat. 535), as
amended [16 U.S.C. 1, 2, 3, and 4], the Act of
March 4, 1911 (36 Stat. 1253), as amended (16
U.S.C. 5) relating to rights-of-way, the Act of
June 5, 1920 (41 Stat. 917), as amended (16 U.S.C.
6), relating to donation of land and money, sections 1, 4, 5, and 6 of the Act of April 9, 1924 (43
Stat. 90), as amended (16 U.S.C. 8 and 8a–8c), relating to roads and trails, the Act of March 4,
1931 (46 Stat. 1570; 16 U.S.C. 8d), relating to approach roads to national monuments, the Act of
June 3, 1948 (62 Stat. 334), as amended (16 U.S.C.
8e–8f), relating to conveyance of roads to States,
the Act of August 31, 1954 (68 Stat. 1037), as
amended (16 U.S.C. 452a), relating to acquisitions of inholdings, section 1 of the Act of July
3, 1926 (44 Stat. 900), as amended (16 U.S.C. 12),
relating to aid to visitors in emergencies, the
Act of March 3, 1905 (33 Stat. 873; 16 U.S.C. 10),
relating to arrests, sections 3, 4, 5, and 6 of the
Act of May 26, 1930 (46 Stat. 381), as amended (16
U.S.C. 17b, 17c, 17d, and 17e), relating to services

§ 1d

TITLE 16—CONSERVATION

or other accommodations for the public, emergency supplies and services to concessioners, acceptability of travelers checks, care and removal of indigents, the Act of October 9, 1965 (79
Stat. 696; 16 U.S.C. 20–20g),1 relating to concessions, the Land and Water Conservation Fund
Act of 1965, as amended [16 U.S.C. 460l–4 et seq.],
and the Act of July 15, 1968 (82 Stat. 355), shall
to the extent such provisions are not in conflict
with any such specific provision, be applicable
to all areas within the national park system and
any reference in such Act to national parks,
monuments, recreation areas, historic monuments, or parkways shall hereinafter not be construed as limiting such Acts to those areas.
(Aug. 8, 1953, ch. 384, § 2, 67 Stat. 496; Pub. L.
91–383, § 2(b), Aug. 18, 1970, 84 Stat. 826.)
REFERENCES IN TEXT
Act of October 9, 1965, referred to in subsec. (b), is
Pub. L. 89–249, Oct. 9, 1965, 79 Stat. 969, known as the
National Park System Concessions Policy Act, which
was classified generally to subchapter IV (§ 20 et seq.) of
this chapter, prior to repeal by Pub. L. 105–391, title IV,
§ 415(a), Nov. 13, 1998, 112 Stat. 3515.
Act of March 3, 1905 (33 Stat. 873; 16 U.S.C. 10), referred to in subsec. (b), related to arrests by National
Park Service personnel in the national forests and national parks. Provisions of that Act that related to arrests by Forest Service personnel in the national forest
and national parks are classified to section 559 of this
title. Section 10(a)(2) of Pub. L. 91–383, as added by Pub.
L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1941, amended the 1905
Act by striking out references to the National Park
Service and the national parks, and had the effect of repealing those provisions of the 1905 Act that were classified to section 10 of this title. Provisions relating to
law and order within areas of the National Park System are covered by section 1a–6 of this title.
Section 17d of this title, referred to in subsec. (b), was
omitted from the Code as obsolete.
The Land and Water Conservation Fund Act of 1965,
referred to in subsec. (b), is Pub. L. 88–578, Sept. 3, 1964,
78 Stat. 897, as amended, which is classified generally
to part B (§ 460l–4 et seq.) of subchapter LXIX of chapter
1 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
460l–4 of this title and Tables.
Act of July 15, 1968 (82 Stat. 355), referred to in subsec. (b), is Pub. L. 90–401, which enacted sections
460l–10a to 460l–10c and 460l–22 of this title, amended section 460l–5, 460l–7, and 460l–9 of this title, and enacted
provisions set out as notes under section 460l–5 of this
title. For complete classification of this Act to the
Code, see Tables.
AMENDMENTS
1970—Subsec. (a). Pub. L. 91–383, in redefining the national park system, substituted provision for inclusion
of 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 for prior provision defining such system to mean all federally
owned or controlled lands administered under direction
of Secretary of the Interior under sections 1, 2, 3, and
4 of this title and grouped in the following descriptive
categories: (1) National parks, (2) national monuments,
(3) national historic parks, (4) national memorials, (5)
national parkways, and (6) national capital parks.
Subsec. (b). Pub. L. 91–383 substituted provisions
making specific provisions applicable to an area of the
national park system, for uniform application of au1 So

in original. Statutes at Large citation probably should be
‘‘79 Stat. 969’’. See References in Text note below.

Page 48

thorities, and prohibiting construction of references in
other provisions to national parks, monuments, recreation areas, historic monuments or parkways as limitation of such other provisions to those areas, for prior
definition of ‘‘miscellaneous areas’’ as including lands
under administrative jurisdiction of another Federal
agency, or privately owned lands, and over which National Park Service, under direction of Secretary of the
Interior, exercises supervision for recreational, historical, or other related purposes, and lands under care and
custody of such Service other than those herein described.

§ 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 section 17j–2 of this title.
(Aug. 8, 1953, ch. 384, § 3, 67 Stat. 496.)
§ 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 (16 U.S.C. 462(e)).
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 National
Park for the Performing Arts shall be available
within the amount herein provided without regard to any other provisions of this section.
(Pub. L. 98–473, title I, § 101(c) [title I, § 100], Oct.
12, 1984, 98 Stat. 1837, 1844; Pub. L. 89–671, § 14(c),
as added Pub. L. 107–219, § 1(a)(3), Aug. 21, 2002,
116 Stat. 1330.)
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, 49 Stat.
666, as amended, which is classified to sections 461 to
467 of this title. For complete classification of this Act
to the Code, see Short Title note set out under section
461 of this title and Tables.
AMENDMENTS
2002—Pub. L. 89–671, § 14(c), as added by Pub. L.
107–219, which provided that any reference to ‘‘Wolf

Page 49

TITLE 16—CONSERVATION

Trap Farm Park’’ shall be considered to be a reference
to ‘‘Wolf Trap National Park for the Performing Arts’’,
was executed by substituting ‘‘Wolf Trap National Park
for the Performing Arts’’ for ‘‘Wolf Trap Farm Park for
the Performing Arts’’ in concluding provisions to reflect the probable intent of Congress.

§ 1f. Challenge cost-share agreement authority
(1) Definitions
For purposes of this subsection:
(A) The term ‘‘challenge cost-share agreement’’ means any agreement entered into between the Secretary and any cooperator for
the purpose of sharing costs or services in carrying out authorized functions and responsibilities of the Secretary of the Interior with
respect to any unit or program of the National
Park System (as defined in section 1c(a) of
this title), any affiliated area, or any designated National Scenic or Historic Trail.
(B) The term ‘‘cooperator’’ means any State
or local government, public or private agency,
organization, institution, corporation, individual, or other entity.
(2) Challenge cost-share agreements
The Secretary of the Interior is authorized to
negotiate and enter into challenge cost-share
agreements with cooperators.
(3) Use of Federal funds
In carrying out challenge cost-share agreements, the Secretary of the Interior is authorized to provide the Federal funding share from
any funds available to the National Park Service.
(Pub. L. 104–333, div. I, title VIII, § 814(g), Nov.
12, 1996, 110 Stat. 4199.)
§ 1g. Cooperative agreements
The National Park Service may in fiscal year
1997 and thereafter enter into cooperative agreements that involve the transfer of National
Park Service appropriated funds to State, local
and tribal governments, other public entities,
educational institutions, and private nonprofit
organizations for the public purpose of carrying
out National Park Service programs pursuant to
section 6305 of title 31 to carry out public purposes of National Park Service programs.
(Pub. L. 104–208, div. A, title I, § 101(d) [title I],
Sept. 30, 1996, 110 Stat. 3009–181, 3009–189.)
§ 1h. Sums provided by private entities for utility
services
Notwithstanding any other provision of law, in
fiscal year 2003 and thereafter, sums provided to
the National Park Service by private entities
for utility services shall be credited to the appropriate account and remain available until expended.
(Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117
Stat. 227.)
§ 1i. Reimbursable agreements
Heretofore and hereafter, in carrying out the
work under reimbursable agreements with any
State, local or tribal government, the National
Park Service may, without regard to section

§ 1j

1341 of title 31 or any other provision of law or
regulation, record obligations against accounts
receivable from such entities, and shall credit
amounts received from such entities to the appropriate account, such credit to occur within 90
days of the date of the original request by the
National Park Service for payment.
(Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117
Stat. 227.)
§ 1j. Cooperative agreements for national park
natural resource protection
(a) In general
The Secretary of the Interior (referred to in
this section as the ‘‘Secretary’’) may enter into
cooperative agreements with State, local, or
tribal governments, other Federal agencies,
other public entities, educational institutions,
private nonprofit organizations, or participating
private landowners for the purpose of protecting
natural resources of units of the National Park
System through collaborative efforts on land inside and outside of National Park System units.
(b) Terms and conditions
A cooperative agreement entered into under
subsection (a) shall provide clear and direct benefits to park natural resources and—
(1) provide for—
(A) the preservation, conservation, and
restoration of coastal and riparian systems,
watersheds, and wetlands;
(B) preventing, controlling, or eradicating
invasive exotic species that are within a
unit of the National Park System or adjacent to a unit of the National Park System;
or
(C) restoration of natural resources, including native wildlife habitat or ecosystems;
(2) include a statement of purpose demonstrating how the agreement will—
(A) enhance science-based natural resource
stewardship at the unit of the National Park
System; and
(B) benefit the parties to the agreement;
(3) specify any staff required and technical
assistance to be provided by the Secretary or
other parties to the agreement in support of
activities inside and outside the unit of the
National Park System that will—
(A) protect natural resources of the unit of
the National Park System; and
(B) benefit the parties to the agreement;
(4) identify any materials, supplies, or equipment and any other resources that will be contributed by the parties to the agreement or by
other Federal agencies;
(5) describe any financial assistance to be
provided by the Secretary or the partners to
implement the agreement;
(6) ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to support the purposes of natural resource stewardship at a unit
of the National Park System; and
(7) include such other terms and conditions
as are agreed to by the Secretary and the
other parties to the agreement.

§2

TITLE 16—CONSERVATION

(c) Limitations
The Secretary shall not use any funds associated with an agreement entered into under subsection (a) for the purposes of land acquisition,
regulatory activity, or the development, maintenance, or operation of infrastructure, except
for ancillary support facilities that the Secretary determines to be necessary for the completion of projects or activities identified in the
agreement.
(d) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section.
(Pub. L. 110–229, title III, § 301, May 8, 2008, 122
Stat. 768.)
§ 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, 39 Stat. 535; Mar. 4,
1921, ch. 161, § 1, 41 Stat. 1407.)
CHANGE OF NAME
Hot Springs Reservation was changed to Hot Springs
National Park by section 1 of act Mar. 4, 1921.

tion. He may also provide in his discretion for
the destruction of such animals and of such
plant life as may be detrimental to the use of
any of said parks, monuments, or reservations.
No natural,1 curiosities, wonders, or objects of
interest shall be leased, rented, or granted to
anyone on such terms as to interfere with free
access to them by the public: Provided, however,
That the Secretary of the Interior may, under
such rules and regulations and on such terms as
he may prescribe, grant the privilege to graze
livestock within any national park, monument,
or reservation herein referred to when in his
judgment such use is not detrimental to the primary purpose for which such park, monument,
or reservation was created, except that this provision shall not apply to the Yellowstone National Park: And provided further, That the Secretary of the Interior may grant said privileges,
leases, and permits and enter into contracts relating to the same with responsible persons,
firms, or corporations without advertising and
without securing competitive bids: And provided
further, That no contract, lease, permit, or privilege granted shall be assigned or transferred by
such grantees, permittees, or licensees without
the approval of the Secretary of the Interior
first obtained in writing.
(Aug. 25, 1916, ch. 408, § 3, 39 Stat. 535; June 2,
1920, ch. 218, § 5, 41 Stat. 732; Mar. 7, 1928, ch. 137,
§ 1, 45 Stat. 235; Pub. L. 85–434, May 29, 1958, 72
Stat. 152; Pub. L. 105–391, title IV, § 415(b)(1),
Nov. 13, 1998, 112 Stat. 3515.)
REFERENCES IN TEXT
Herein, referred to in text, means act Aug. 25, 1916,
known as the ‘‘National Park Service Organic Act’’,
which is classified to this section and sections 1, 2, and
4 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 1
of this title and Tables.
AMENDMENTS

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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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 sections 1, 2, and 4 of this title shall be punished by a fine of not more than $500 or imprisonment for not exceeding six months, or both,
and be adjudged to pay all cost of the proceedings. He may also, upon terms and conditions to
be fixed by him, sell or dispose of timber in
those cases where in his judgment the cutting of
such timber is required in order to control the
attacks of insects or diseases or otherwise conserve the scenery or the natural or historic objects in any such park, monument, or reserva-

Page 50

1998—Pub. L. 105–391, § 415(b)(1)(A), in fourth sentence,
substituted ‘‘No natural,’’ for ‘‘He may also grant privileges, leases, and permits for the use of land for the accommodation of visitors in the various parks, monuments, or other reservations herein provided for, but
for periods not exceeding thirty years; and no natural’’.
Pub. L. 105–391, § 415(b)(1)(B), in fourth sentence,
struck out last proviso which read as follows ‘‘: And
provided further, That the Secretary may, in his discretion, authorize such grantees, permittees, or licensees
to execute mortgages and issue bonds, shares of stock,
and other evidences of interest in or indebtedness upon
their rights, properties, and franchises, for the purposes
of installing, enlarging, or improving plant and equipment and extending facilities for the accommodation of
the public within such national parks and monuments’’.
1958—Pub. L. 85–434 substituted ‘‘thirty years’’ for
‘‘twenty years’’.
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 sections 1, 2, and 4 of this title shall be punished by a fine of not more than $500 or imprisonment
for not exceeding six months, or both, and be adjudged
to pay all cost of the proceedings’’ for ‘‘and any violations of any of the rules and regulations authorized by
this section and sections 1, 2, and 4 of this title shall be
punished as provided for in section 50 of the Act enti1 So

in original. The comma probably should not appear.

Page 51

§5

TITLE 16—CONSERVATION

tled ‘An Act to codify and amend the Penal Laws of the
United States,’ approved March 4, 1909, as amended by
section 6 of the Act of June 25, 1910 (Thirty-sixth
United States Statutes at Large, page 857,’’.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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.
(Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat.
1387.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1384.
Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 999.
Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1923.
Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 709.
Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1788.
Pub. L. 100–202, § 101(g) [title I], Dec. 22, 1987, 101 Stat.
1329–213, 1329–223.
Pub. L. 99–500, § 101(h) [title I], Oct. 18, 1986, 100 Stat.
1783–242, 1783–251, and Pub. L. 99–591, § 101(h) [title I],
Oct. 30, 1986, 100 Stat. 3341–242, 3341–251.

§ 3b. Maintenance and repair of Government improvements under concession contracts
Privileges, leases, and permits granted by the
Secretary of the Interior for the use of land for
the accommodation of park visitors, pursuant to
section 3 of this title, may provide for the maintenance and repair of Government improvements by the grantee notwithstanding the provisions of section 1302 of title 40, or any other provision of law.
(Pub. L. 87–608, Aug. 24, 1962, 76 Stat. 405.)

§ 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, 36 Stat. 1253; May 27, 1952,
ch. 338, 66 Stat. 95.)

CODIFICATION
‘‘Section 1302 of title 40’’ substituted in text for ‘‘section 321 of the Act of June 30, 1932 (47 Stat. 412; 40
U.S.C. 303b)’’ on authority of Pub. L. 107–217, § 5(c), Aug.
21, 2002, 116 Stat. 1303, the first section of which enacted
Title 40, Public Buildings, Property, and Works.
Section was classified to section 303c of former Title
40, prior to the enactment of Title 40, Public Buildings,
Property, and Works, by Pub. L. 107–217, § 1, Aug. 21,
2002, 116 Stat. 1062.

§ 4. Rights-of-way through public lands
The provisions of sections 1, 2, and 3 of this
title shall not affect or modify the provisions of
section 79 of this title.
(Aug. 25, 1916, ch. 408, § 4, 39 Stat. 536.)

REPEALS
Section repealed by Pub. L. 94–579, title VII,
§ 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on
and after Oct. 21, 1976, insofar as applicable to
the issuance of rights-of-way over, upon, under,
and through the public lands and lands in the
National Forest System.
CODIFICATION
Section, insofar as it relates also to rights-of-way in
military and other reservations and national forests, is
also set out as sections 420 and 523 of this title, and, in
so far as it relates to rights-of-way on public lands generally, and Indian reservations, is set out as section 961
of Title 43, Public Lands.

REFERENCES IN TEXT

AMENDMENTS

Section 79 of this title, referred to in text, was in the
original a reference to act Feb. 15, 1901, ch. 372, 31 Stat.
790. For further details, see Codification note set out
under section 79 of this title.

1952—Act May 27, 1952, inserted reference to rights-ofway 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.

§6

TITLE 16—CONSERVATION
SAVINGS PROVISION

Repeal by Pub. L. 94–579, insofar as applicable to the
issuance of rights-of-way, not to be construed as terminating any valid lease, permit, patent, etc., existing on
Oct. 21, 1976, see note set out under section 1701 of Title
43, Public Lands.

§ 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, 41 Stat. 917.)
§ 6a. Repealed. Pub. L. 90–209, § 2, Dec. 18, 1967,
81 Stat. 656
Section, act July 10, 1935, ch. 375, § 4, 49 Stat. 478, related to acceptance of gifts or bequests of money. See
section 19g of this title.

§ 7. Repealed. Oct. 31, 1951, ch. 654, § 1(35), 65
Stat. 702
Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1215, related
to purchase of supplies or services for National Park
Service.

§ 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, 64 Stat. 27; Pub. L.
85–726, title XIV, § 1402(e), Aug. 23, 1958, 72 Stat.
807; Pub. L. 91–258, title I, § 52(b)(1), May 21, 1970,
84 Stat. 235.)

Page 52

1958—Pub. L. 85–726 substituted ‘‘Administrator of the
Federal Aviation Agency’’ for ‘‘Administrator of Civil
Aeronautics’’ in two places.
EFFECTIVE DATE OF 1958 AMENDMENT
Section 1505(2) of Pub. L. 85–726 provided that the
amendment made by Pub. L. 85–726 is effective on 60th
day following date on which the Administrator of the
Federal Aviation Agency first appointed under Pub. L.
85–726 qualifies and takes office. The Administrator was
appointed, qualified and took office on Oct. 31, 1958.

§ 7b. Acquisition of lands for airport use; contracts for operation and maintenance
In order to carry out the purposes of sections
7a to 7e of this title, the Secretary is authorized
to acquire necessary lands and interests in or
over lands; to contract for the construction, improvement, operation, and maintenance of airports and incidental facilities; to enter into
agreements with other public agencies providing
for the construction, operation, or maintenance
of airports by such other public agencies or
jointly by the Secretary and such other public
agencies upon mutually satisfactory terms; and
to enter into such other agreements and take
such other action with respect to such airports
as may be necessary to carry out the purposes of
said sections: Provided, That nothing in said sections shall be held to authorize the Secretary to
acquire any land, or interest in or over land, by
purchase, condemnation, grant, or lease without
first obtaining the consent of the Governor of
the State, and the consent of the State political
subdivision in which such land is located: And
provided further, That the authorization herein
granted shall not exceed $3,500,000.
(Mar. 18, 1950, ch. 72, § 2, 64 Stat. 28; Pub. L.
89–763, Nov. 5, 1966, 80 Stat. 1313.)
AMENDMENTS
1966—Pub.
‘‘$2,000,000’’.

L.

89–763

substituted

‘‘$3,500,000’’

for

§ 7c. Authorization to sponsor airport projects;
use of funds
In order to carry out the purposes of sections
7a to 7e of this title, the Secretary is authorized
to sponsor projects under the Federal Airport
Act either independently or jointly with other
public agencies, and to use, for payment of the
sponsor’s share of the project costs of such
projects, any funds that may be contributed or
otherwise made available to him for such purpose (receipt of which funds and their use for
such purposes is authorized) or may be appropriated or otherwise specifically authorized
therefor.
(Mar. 18, 1950, ch. 72, § 3, 64 Stat. 28.)

REFERENCES IN TEXT

REFERENCES IN TEXT

The Federal Airport Act, referred to in text, is act
May 13, 1946, ch. 251, 60 Stat. 170, as amended, which
was classified to chapter 14 (§ 1101 et seq.) of former
Title 49, Transportation. The Act was repealed by section 52(a) of the Airport and Airway Development Act
of 1970 (Pub. L. 91–258, title I, May 21, 1970, 84 Stat. 235).
See chapter 471 of Title 49, Transportation.

The Federal Airport Act, referred to in text, is act
May 13, 1946, ch. 251, 60 Stat. 170, as amended, which
was classified to chapter 14 (§ 1101 et seq.) of former
Title 49, Transportation. The Act was repealed by section 52(a) of the Airport and Airway Development Act
of 1970 (Pub. L. 91–258, title I, May 21, 1970, 84 Stat. 235).
See chapter 471 of Title 49, Transportation.

AMENDMENTS

§ 7d. Jurisdiction over airports; public operation

1970—Pub. L. 91–258 substituted ‘‘Secretary of Transportation’’ for ‘‘Administrator of the Federal Aviation
Agency’’ in two places.

All airports under the jurisdiction of the Secretary, unless otherwise specifically provided by

Page 53

§ 8b

TITLE 16—CONSERVATION

law, shall be operated as public airports, available for public use on fair and reasonable terms
and without unjust discrimination.

ceed thirty miles: Provided further, That not to
exceed forty miles of any one approach road
shall be designated in any one county.

(Mar. 18, 1950, ch. 72, § 4, 64 Stat. 28.)

(Apr. 9, 1924, ch. 86, § 4, as added Jan. 31, 1931, ch.
79, 46 Stat. 1053.)

§ 7e. Definitions
The terms ‘‘airport’’, ‘‘project’’, ‘‘project
costs’’, ‘‘public agency’’, and ‘‘sponsor’’, as used
in sections 7a to 7e of this title, shall have the
respective meanings prescribed in the Federal
Airport Act.
(Mar. 18, 1950, ch. 72, § 5, 64 Stat. 28.)
REFERENCES IN TEXT
The Federal Airport Act, referred to in text, is act
May 13, 1946, ch. 251, 60 Stat. 170, as amended, which
was classified to chapter 14 (§ 1101 et seq.) of former
Title 49, Transportation. The Act was repealed by section 52(a) of the Airport and Airway Development Act
of 1970 (Pub. L. 91–258, title I, May 21, 1970, 84 Stat. 235).
See chapter 471 of Title 49, Transportation.

§ 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, 43 Stat. 90.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 8–1. Repealed. Pub. L. 85–767, § 2 [33], Aug. 27,
1958, 72 Stat. 919
Section, act Sept. 7, 1950, ch. 912, § 4(a), 64 Stat. 787,
related to administration of appropriations for construction, reconstruction, and improvement of roads
and trails in national parks, monuments, and other
areas administered by National Park Service.
Act Sept. 5, 1940, ch. 715, § 8, 54 Stat. 870, which was
formerly classified to this section, was repealed by
Pub. L. 85–767, § 2[23], Aug. 27, 1958, 72 Stat. 919.

§ 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 ex-

§ 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 section 8a of
this title, inclusive of necessary bridges, and to
enter into agreements for the maintenance
thereof by State or county authorities, or to
maintain them when otherwise necessary, as
well as hereafter to construct, reconstruct, and
improve roads and trails within the national
parks and national monuments; and for all such
purposes there is authorized to be appropriated
out of any money in the Treasury not otherwise
appropriated, the following sums: $10,000,000 for
the fiscal year ending June 30, 1950; the sum of
$10,000,000 for the fiscal year ending June 30,
1951: Provided, That under agreement with the
Secretary of the Interior the Secretary of Commerce may carry out any or all of the provisions
of this section: Provided further, That not to exceed $1,500,000 shall be allocated annually for the
construction, reconstruction, and improvement
of such national-park approach roads: And provided further, That nothing in this section or sections 8, 8a, and 8c of this title shall be construed
to limit the authority of the Secretary of the Interior to hereafter construct, reconstruct, improve, and maintain roads and trails within the
national parks and national monuments.
(Apr. 9, 1924, ch. 86, § 5, as added Jan. 31, 1931, ch.
79, 46 Stat. 1053; amended 1939 Reorg. Plan No. I,
§§ 301, 302, eff. July 1, 1939, 4 F.R. 2727, 53 Stat.
1426; June 29, 1948, ch. 732, § 4(a), 62 Stat. 1107;
June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380;
1949 Reorg. Plan No. 7, § 2, eff. Aug. 10, 1949, 14
F.R. 5228, 63 Stat. 1070.)
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. See Historical and Revision Notes under section 303(b) of Title
40, Public Buildings, Property, and Works. Section
303(b) of Title 40 was amended generally by Pub. L.
109–313, § 2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so
amended, no longer relates to the Federal Works Agency and Commissioner of Public Buildings. See 2006
Amendment note under section 303 of Title 40.
Functions of Secretary of Agriculture with respect to
Public Roads Administration transferred to Federal

§ 8c

TITLE 16—CONSERVATION

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 section 605, formerly § 505, of act June 30, 1949, ch. 288, 63
Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, § 6(a),
(b), 64 Stat. 583.

§ 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 sections 8, 8a, and
8b of this title across or within any national forest the Secretary of the Interior shall secure the
approval of the Secretary of Agriculture before
construction shall begin.
(Apr. 9, 1924, ch. 86, § 6, as added Jan. 31, 1931, ch.
79, 46 Stat. 1054.)
§ 8d. National-monument approach roads
Approach roads to national monuments shall
be included within the provisions of sections 8
and 8a to 8c of this title under the same conditions as approach roads to national parks, and
the limitation therein on the amount of annual
allocation of funds to national park approach
roads shall be inclusive of such national monument approaches.
(Mar. 4, 1931, ch. 522, title I, 46 Stat. 1570.)
§ 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 section 8f of this title,
the State, county, or municipality to which the
conveyance authorized in this section is to be
made shall notify the Secretary of the Interior
in writing of its willingness to accept and maintain the road or roads included in such conveyance. Upon the execution and delivery of any
conveyance authorized in this section, any jurisdiction heretofore ceded to the United States by
a State over the roads conveyed shall thereby
cease and determine and shall thereafter vest
and be in the particular State in which such
roads are located.
(June 3, 1948, ch. 401, § 1, 62 Stat. 334.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

Page 54

§ 8f. Roads leading to certain historical areas;
‘‘State’’ defined
The word ‘‘State’’ as used in section 8e of this
title includes Hawaii, Alaska, Puerto Rico,
Guam, and the Virgin Islands.
(June 3, 1948, ch. 401, § 2, 62 Stat. 334; Aug. 1, 1956,
ch. 852, § 5, 70 Stat. 908.)
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 Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as
a note preceding section 21 of Title 48, Territories and
Insular Possessions. For Hawaii Statehood Law, see
Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note
preceding section 491 of Title 48.

§ 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, 42 Stat. 1215, related
to exchange of motor vehicles and equipment as part
consideration in purchase of new equipment.

§ 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, 47 Stat. 1420; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
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, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
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 section 901 of Title 5, Government Organization
and Employees.

Page 55

§ 14b

TITLE 16—CONSERVATION

National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, § 2, June 10, 1933, by act Mar. 2, 1934,
ch. 38, § 1, 48 Stat. 389.
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 section 901 of Title 5, Government Organization and Employees.

§§ 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, 33 Stat. 873, authorized National Park Service employees to arrest and
prosecute persons violating the laws and regulations
relating to the national forests and national parks. Act
Mar. 3, 1905, insofar as it relates to the Forest Service,
is classified to section 559 of this title. Pub. L. 91–383,
§ 10(a), as amended, amended act Mar. 3, 1905, to delete
references to the National Park Service and the national parks. Authority to maintain law and order
within areas of the National Park System is now covered by section 1a–6 of this title.
Section 10a, act Mar. 2, 1933, ch. 180, § 2, 47 Stat. 1420,
related to the authorization of commissioners, superintendents, caretakers, officers, or guards of national
military parks, national parks, battlefield sites, national monuments, and miscellaneous memorials, to
arrest and prosecute persons for violations of any of
the regulations prescribed pursuant to section 9a of
this title.

§ 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 payroll deductions agreed to by the employees
therefor.
(May 10, 1926, ch. 277, § 1, 44 Stat. 491.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 44 Stat. 900.)
§ 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 ap-

propriated 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, 44 Stat. 900.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 14. Repealed. Pub. L. 88–578, § 2(a), Sept. 3, 1964,
78 Stat. 899
Section, acts Mar. 7, 1928, ch. 137, § 1, 45 Stat. 238;
Mar. 4, 1929, ch. 705, § 1, 45 Stat. 1602, prohibited expenditure of appropriations for National Park Service where
campground privileges are charged for by the Park
Service.
EFFECTIVE DATE OF REPEAL
Repeal effective Jan. 1, 1965, see section 1(a) of Pub.
L. 88–578, set out as an Effective Date note under section 460l–4 of this title.

§ 14a. Appropriations; availability for printing information and signs
Appropriations made for the National
Service shall be available for the printing
formation and directional signs made of
and required in the administration of
under its jurisdiction.

Park
of incloth
areas

(May 10, 1939, ch. 119, § 1, 53 Stat. 729.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 49 Stat. 209.)
CODIFICATION
Section is also set out as section 456a of this title.
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

§ 14c

TITLE 16—CONSERVATION

power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 55 Stat. 350.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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.
(Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat.
1384; Pub. L. 103–332, title I, Sept. 30, 1994, 108
Stat. 2507.)
AMENDMENTS
1994—Pub. L. 103–332 inserted ‘‘, not to exceed $250,000
per incident,’’ after ‘‘funds’’ and ‘‘: Provided further,
That any exercise of this authority must be replenished
by a supplemental appropriation which must be requested as promptly as possible’’ after ‘‘System’’.

§ 14e. Contribution for annuity benefits
For reimbursement (not heretofore made),
pursuant to provisions of Public Law 85–157, to
the District of Columbia on a monthly basis for
benefit payments by the District of Columbia to
United States Park Police annuitants under the
provisions of the Policeman and Fireman’s Retirement and Disability Act (Act), to the extent
those payments exceed contributions made by
active Park Police members covered under the
Act, such amounts as hereafter may be necessary: Provided, That hereafter the appropriations made to the National Park Service shall
not be available for this purpose.
(Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 424.)
REFERENCES IN TEXT
Public Law 85–157, referred to in text, is Pub. L.
85–157, Aug. 21, 1957, 71 Stat. 391, as amended, known as
the Policemen and Firemen’s Retirement and Disability Act amendments of 1957, which is not classified to
the Code.
The Policeman and Fireman’s Retirement and Disability Act, referred to in text, probably means the Po-

Page 56

licemen and Firemen’s Retirement and Disability Act,
act Sept. 1, 1916, ch. 433, § 12, 39 Stat. 718, as amended,
which is not classified to the Code.

§ 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, 45 Stat. 238.)
§ 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, 46 Stat. 219.)
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 section 901 of Title 5, Government Organization and Employees. Procurement Division changed to
Bureau of Federal Supply by Department of the Treasury Order 73 dated Nov. 19, 1946. Bureau transferred on
July 1, 1949, to General Services Administration, where
it functions as Federal Supply Service [now Federal
Acquisition Service], pursuant to act June 30, 1949, ch.
288, title I, § 102, 63 Stat. 380, which was repealed and reenacted as section 303(a) of Title 40, Public Buildings,
Property, and Works, by Pub. L. 107–217, §§ 1, 6(b), Aug.
21, 2002, 116 Stat. 1062, 1304. Section 303(a) of Title 40
was amended generally by Pub. L. 109–313, § 2(a)(1), Oct.
6, 2006, 120 Stat. 1734, and, as so amended, no longer relates to the Bureau of Federal Supply. See Historical
and Revision Notes and 2006 Amendment note under
section 303 of Title 40.

Page 57

§ 17f

TITLE 16—CONSERVATION

§ 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, 46 Stat. 381.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 17a. Repealed. Pub. L. 89–554, § 8(a), Sept. 6,
1966, 80 Stat. 647
Section, act May 26, 1930, ch. 324, § 2, 46 Stat. 382, provided for travel allowances and mileage for administration of National Park Service.

§ 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 section 6101 of title 41.
(May 26, 1930, ch. 324, § 3, 46 Stat. 382.)
CODIFICATION
In text, ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes of the United States’’
on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124
Stat. 3854, which Act enacted Title 41, Public Contracts.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 17b–1. Repealed. Pub. L. 105–391, title IV,
§ 415(b)(3), Nov. 13, 1998, 112 Stat. 3516
Section, acts July 31, 1953, ch. 298, title I, § 1, 67 Stat.
271; July 14, 1956, ch. 598, 70 Stat. 543; Pub. L. 91–383,
§ 12(c), as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat.
1943, related to transmittal of reports of proposed contract and lease awards to Congressional officers by Secretary.

§ 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, 46 Stat. 382.)
§ 17d. Omitted
CODIFICATION
Section, act May 26, 1930, ch. 324, § 5, 46 Stat. 382,
which provided that section 543 of former title 31
should not be construed to prohibit the acceptance of
traveler’s checks and other forms of money equivalent
in payment of automobile license fees, etc. charged at
national parks, was omitted as obsolete in view of the
repeal of section 543 of former title 31 by Pub. L. 97–258,
§ 5(b), Sept. 13, 1982, 96 Stat. 1068.

§ 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, 46 Stat. 382.)
§ 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, 46 Stat. 382.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 17g

TITLE 16—CONSERVATION

§ 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, 46 Stat. 383.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 46 Stat. 383.)

Page 58

§ 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, 46 Stat. 383; Pub. L.
91–383, § 5, Aug. 18, 1970, as added Pub. L. 94–458,
§ 2, Oct. 7, 1976, 90 Stat. 1939.)
AMENDMENTS
1976—Pub. L. 91–383, § 5, as added by Pub. L. 94–458, included travel expenses for dependents of a deceased National Park System employee.

TRANSFER OF FUNCTIONS

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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 17i. Hire of work animals, vehicles and equipment with or without personal services; rates

§ 17j–1. Omitted

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 sections 3709 1 and 3744 1 of
the Revised Statutes.

Section, act June 18, 1940, ch. 395, § 1, 54 Stat. 445,
which related to travel expenses for attendance of National Park Service field employees at authorized
meetings, was enacted as part of the Interior Department Appropriations Act, 1941, and was not repeated in
the Interior Department Appropriations Act, 1942 (approved June 28, 1941, ch. 259, 55 Stat. 303), or subsequent
appropriation acts. Similar provisions were contained
in prior appropriation acts.

(May 26, 1930, ch. 324, § 10, 46 Stat. 383.)
REFERENCES IN TEXT
Sections 3709 and 3744 of the Revised Statutes, referred to in text, were classified to sections 5 and 16, respectively, of former Title 41, Public Contracts. Section
3709 was repealed and restated in section 6101 of Title
41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan.
4, 2011, 124 Stat. 3677, 3855. Section 3744 was repealed by
act Oct. 21, 1941, ch. 452, 55 Stat. 743.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
1 See

References in Text note below.

CODIFICATION

§ 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

Page 59

§ 17k

TITLE 16—CONSERVATION

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.
(j) Provide transportation for children in nearby communities to and from any unit of the National Park System used in connection with organized recreation and interpretive programs of
the National Park Service.
(Aug. 7, 1946, ch. 788, 60 Stat. 885; Pub. L. 86–689,
§ 3, Sept. 2, 1960, 74 Stat. 737; Pub. L. 102–201, title
I, § 101, Dec. 10, 1991, 105 Stat. 1631; Pub. L.
104–333, div. I, title VIII, § 802, Nov. 12, 1996, 110
Stat. 4186.)
AMENDMENTS
1996—Subsec. (j). Pub. L. 104–333 added subsec. (j).
1960—Subsec. (a). Pub. L. 86–689 authorized appropriations for the 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.
CHANGE OF NAME
‘‘Little Bighorn Battlefield National Monument’’
substituted in text for ‘‘Custer Battlefield National
Monument’’ pursuant to Pub. L. 102–201.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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 sections 17l to 17n of this title, the Secretary is authorized and directed, through the
National Park Service, to seek and accept the
cooperation and assistance of Federal departments or agencies having jurisdiction of lands
belonging to the United States, and may cooperate and make agreements with and seek and accept the assistance of other Federal agencies
and instrumentalities, and of States and politi-

§ 17l

TITLE 16—CONSERVATION

Page 60

cal subdivisions thereof and the agencies and instrumentalities of either of them.

§ 17m. Consent of Congress to agreements between States; when agreements effective

(June 23, 1936, ch. 735, § 1, 49 Stat. 1894.)

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.

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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
NATIONAL OUTDOOR RECREATION RESOURCES REVIEW
COMMISSION
Pub. L. 85–470, June 28, 1958, 72 Stat. 238, as amended
by Pub. L. 86–6, Mar. 25, 1959, 73 Stat. 14; Pub. L. 87–12,
Mar. 29, 1961, 75 Stat. 19, created a bipartisan 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 sections 460l to 460l–3 of this
title.

§ 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, 49 Stat. 1894.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

(June 23, 1936, ch. 735, § 3, 49 Stat. 1895.)
§ 17n. ‘‘State’’ defined
As used in sections 17k and 17l of this title the
term ‘‘State’’ shall be deemed to include Hawaii,
Alaska, Puerto Rico, Guam, the Virgin Islands,
and the District of Columbia.
(June 23, 1936, ch. 735, § 4, 49 Stat. 1895; Aug. 1,
1956, ch. 852, § 6, 70 Stat. 908.)
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 Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as
a note preceding section 21 of Title 48, Territories and
Insular Possessions. For Hawaii Statehood Law, see
Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note
preceding section 491 of Title 48.

§ 17o. National Park Service housing improvement
(1) Purposes
The purposes of this section are—
(A) to develop where necessary an adequate
supply of quality housing units for field employees of the National Park Service within a
reasonable time frame;
(B) to expand the alternatives available for
construction and repair of essential Government housing;
(C) to rely on the private sector to finance
or supply housing in carrying out this section,
to the maximum extent possible, in order to
reduce the need for Federal appropriations;
(D) to ensure that adequate funds are available to provide for long-term maintenance
needs of field employee housing; and
(E) to eliminate unnecessary Government
housing and locate such housing as is required
in a manner such that primary resource values
are not impaired.
(2) General authority
To enhance the ability of the Secretary of the
Interior (hereafter in this section referred to as
‘‘the Secretary’’), acting through the Director of
the National Park Service, to effectively manage units of the National Park System, the Secretary is authorized where necessary and justified to make available employee housing, on or
off the lands under the administrative jurisdic-

Page 61

TITLE 16—CONSERVATION

tion of the National Park Service, and to rent or
lease such housing to field employees of the National Park Service at rates based on the reasonable value of the housing in accordance with
requirements applicable under section 5911 of
title 5.
(3) Review and revision of housing criteria
On November 12, 1996, the Secretary shall review and revise the existing criteria under
which housing is provided to employees of the
National Park Service. Specifically, the Secretary shall examine the existing criteria with
respect to what circumstances the National
Park Service requires an employee to occupy
Government quarters to provide necessary services, protect Government property, or because of
a lack of availability of non-Federal housing in
the geographic area.
(4) Submission of report
A report detailing the results of the revisions
required by paragraph (3) shall be submitted to
the Committee on Resources of the House of
Representatives and the Committee on Energy
and Natural Resources of the Senate not later
than 180 days after November 12, 1996. The report
shall include justifications for keeping, or for
changing, each of the criteria or factors used by
the Department of the Interior with regard to
the provision of housing to employees of the National Park Service.
(5) Review of condition of and costs relating to
housing
Using the revised criteria developed under
paragraph (3), the Secretary shall undertake a
review, for each unit of the National Park System, of existing government-owned 1 housing
provided to employees of the National Park
Service. The review shall include an assessment
of the physical condition of such housing and
the suitability of such housing to effectively
carry out the missions of the Department of the
Interior and the National Park Service. For
each unit of such housing, the Secretary shall
determine whether the unit is needed and justified. The review shall include estimates of the
cost of bringing each unit that is needed and
justified into usable condition that meets all applicable legal housing requirements or, if the
unit is determined to be obsolete but is still
warranted to carry out the missions of the Department of the Interior and the National Park
Service, the cost of replacing the unit.
(6) Authorization for housing agreements
For those units of the National Park System
for which the review required by paragraphs (3)
and (5) has been completed, the Secretary is authorized, pursuant to the authorities contained
in this section and subject to the appropriation
of necessary funds in advance, to enter into
housing agreements with housing entities under
which such housing entities may develop, construct, rehabilitate, or manage housing, located
on or off public lands, for rent or lease to National Park Service employees who meet the
housing eligibility criteria developed by the
Secretary pursuant to this section.
1 So

in original. Probably should be capitalized.

§ 17o

(7) Joint public-private sector housing programs
(A) Lease to build program
Subject to the appropriation of necessary
funds in advance, the Secretary may—
(i) lease Federal land and interests in land
to qualified persons for the construction of
field employee quarters for any period not to
exceed 50 years; and
(ii) lease developed and undeveloped nonFederal land for providing field employee
quarters.
(B) Competitive leasing
Each lease under subparagraph (A)(i) shall
be awarded through the use of publicly advertised, competitively bid, or competitively negotiated contracting procedures.
(C) Terms and conditions
Each lease under subparagraph (A)(i)—
(i) shall stipulate whether operation and
maintenance of field employee quarters is to
be provided by the lessee, field employees or
the Federal Government;
(ii) shall require that the construction and
rehabilitation of field employee quarters be
done in accordance with the requirements of
the National Park Service and local applicable building codes and industry standards;
(iii) shall contain such additional terms
and conditions as may be appropriate to protect the Federal interest, including limits on
rents the lessee may charge field employees
for the occupancy of quarters, conditions on
maintenance and repairs, and agreements on
the provision of charges for utilities and
other infrastructure; and
(iv) may be granted at less than fair market value if the Secretary determines that
such lease will improve the quality and
availability of field employee quarters available.
(D) Contributions by United States
The Secretary may make payments, subject
to appropriations, or contributions in kind either in advance of or on a continuing basis to
reduce the costs of planning, construction, or
rehabilitation of quarters on or off Federal
lands under a lease under this paragraph.
(8) Rental guarantee program
(A) General authority
Subject to the appropriation of necessary
funds in advance, the Secretary may enter
into a lease to build arrangement as set forth
in paragraph (7) with further agreement to
guarantee the occupancy of field employee
quarters constructed or rehabilitated under
such lease. A guarantee made under this paragraph shall be in writing.
(B) Limitations
The Secretary may not guarantee—
(i) the occupancy of more than 75 percent
of the units constructed or rehabilitated
under such lease; and
(ii) at a rental rate that exceeds the rate
based on the reasonable value of the housing
in accordance with requirements applicable
under section 5911 of title 5.

§ 17o

TITLE 16—CONSERVATION

In no event shall outstanding guarantees be in
excess of $3,000,000,2
(C) Rental to Government employees
A guarantee may be made under this section
only if the lessee agrees to permit the Secretary to utilize for housing purposes any
units for which the guarantee is made 3
(D) Failure to maintain a satisfactory level of
operation and maintenance
The lease shall be null and void if the lessee
fails to maintain a satisfactory level of operation and maintenance.
(9) Joint development authority
The Secretary may use authorities granted by
statute in combination with one another in the
furtherance of providing where necessary and
justified affordable field employee housing.
(10) Contracts for the management of field employee quarters
(A) General authority
Subject to the appropriation of necessary
funds in advance, the Secretary may enter
into contracts of any duration for the management, repair, and maintenance of field employee quarters.
(B) Terms and conditions
Any such contract shall contain such terms
and conditions as the Secretary deems necessary or appropriate to protect the interests
of the United States and assure that necessary
quarters are available to field employees.
(11) Leasing of seasonal employee quarters
(A) General authority
Subject to subparagraph (B), the Secretary
may lease quarters at or near a unit of the national park system for use as seasonal quarters for field employees. The rent charged to
field employees under such a lease shall be a
rate based on the reasonable value of the quarters in accordance with requirements applicable under section 5911 of title 5.
(B) Limitation
The Secretary may only issue a lease under
subparagraph (A) if the Secretary finds that
there is a shortage of adequate and affordable
seasonal quarters at or near such unit and
that—
(i) the requirement for such seasonal field
employee quarters is temporary; or
(ii) leasing would be more cost-effective
than construction of new seasonal field employee quarters.
(C) Unrecovered costs
The Secretary may pay the unrecovered
costs of leasing seasonal quarters under this
paragraph from annual appropriations for the
year in which such lease is made.
(12) Survey of existing facilities
The Secretary shall—
(A) complete a condition assessment for all
field employee housing, including the physical
2 So
3 So

in original. The comma probably should be a period.
in original. Probably should be followed by a period.

Page 62

condition of such housing and the necessity
and suitability of such housing for carrying
out the agency mission, using existing information; and
(B) develop an agency-wide priority listing,
by structure, identifying those units in greatest need for repair, rehabilitation, replacement, or initial construction.
(13) Use of housing-related funds
Expenditure of any funds authorized and appropriated for new construction, repair, or rehabilitation of housing under this section shall follow the housing priority listing established by
the agency under paragraph (12), in sequential
order, to the maximum extent practicable.
(14) Annual budget submittal
The President’s proposed budget to Congress
for the first fiscal year beginning after November 12, 1996, and for each subsequent fiscal year,
shall include identification of nonconstruction
funds to be spent for National Park Service
housing maintenance and operations which are
in addition to rental receipts collected.
(15) Study of housing allowances
Within 12 months after November 12, 1996, the
Secretary shall conduct a study to determine
the feasibility of providing eligible employees of
the National Park Service with housing allowances rather than Government housing. The
study shall specifically examine the feasibility
of providing rental allowances to temporary and
lower paid permanent employees. Whenever the
Secretary submits a copy of such study to the
Office of Management and Budget, he shall concurrently transmit copies of the report to the
Resources Committee of the United States
House of Representatives and the Committee on
Energy and Natural Resources of the United
States Senate.
(16) Study of sale of employee housing
Within 18 months of November 12, 1996, the
Secretary shall complete a study of the sale of
Government quarters to a cooperative consisting of field employees. The Secretary shall examine the potential benefits to the Government
as well as the employees and any risks associated with such a program.
(17) General provisions
(A) Construction limitations on Federal lands
The Secretary may not utilize any lands for
the purposes of providing field employee housing under this section which will impact primary resource values of the area or adversely
affect the mission of the agency.
(B) Rental rates
To the extent practicable, the Secretary
shall establish rental rates for all quarters occupied by field employees of the National Park
Service that are based on the reasonable value
of the quarters in accordance with requirements applicable under section 5911 of title 5.
(C) Exemption from leasing requirements
The provisions of section 460l–22 of this title
and section 1302 of title 40 shall not apply to
leases issued by the Secretary under this section.

Page 63

§ 18a

TITLE 16—CONSERVATION

(18) Proceeds
The proceeds from any lease under paragraph
(7)(A) and any lease under paragraph (11) shall
be retained by the National Park Service. Such
proceeds shall be deposited into the special fund
established for maintenance and operation of
quarters.
(19) Definitions
For purposes of this section:
(A) The term ‘‘field employee’’ means—
(i) an employee of the National Park Service who is exclusively assigned by the National Park Service to perform duties at a
field unit, and the members of their family;
and
(ii) other individuals who are authorized to
occupy Government quarters under section
5911 of title 5, and for whom there is no feasible alternative to the provision of Government housing, and the members of their
family.
(B) The term ‘‘land management agency’’
means the National Park Service, Department
of the Interior.
(C) The term ‘‘primary resource values’’
means resources which are specifically mentioned in the enabling legislation for that field
unit or other resource value recognized under
Federal statute.
(D) The term ‘‘quarters’’ means quarters
owned or leased by the Government.
(E) The term ‘‘seasonal quarters’’ means
quarters typically occupied by field employees
who are hired on assignments of 6 months or
less.
(Pub. L. 104–333, div. I, title VIII, § 814(a), Nov.
12, 1996, 110 Stat. 4190; Pub. L. 106–176, title I,
§ 120(a)(1), Mar. 10, 2000, 114 Stat. 28.)
REFERENCES IN TEXT
This section, referred to in pars. (1), (6), (13), and
(17)(A), (C), means section 814 of title VIII of div. I of
Pub. L. 104–333 which enacted this section and sections
1f and 346e of this title and made numerous amendments to this title. The reference probably should have
been ‘‘this subsection’’ meaning subsec. (a) of section
814 which enacted this section.
CODIFICATION
‘‘Section 1302 of title 40’’ substituted in par. (17)(C)
for ‘‘section 321 of the Act of June 30, 1932 (40 U.S.C.
303b; 47 Stat. 412)’’ on authority of Pub. L. 107–217, § 5(c),
Aug. 21, 2002, 116 Stat. 1303, the first section of which
enacted Title 40, Public Buildings, Property, and
Works.
AMENDMENTS
2000—Par. (6). Pub. L. 106–176, § 120(a)(1)(A), substituted ‘‘this section’’ for ‘‘this Act’’ before period at
end.
Par. (7)(B). Pub. L. 106–176, § 120(a)(1)(B), substituted
‘‘Competitive leasing’’ for ‘‘Comptetitive leasing’’ in
subpar. heading.
Par. (9). Pub. L. 106–176, § 120(a)(1)(C), substituted
‘‘granted by statute’’ for ‘‘granted by statue’’.
Par. (11)(B)(ii). Pub. L. 106–176, § 120(a)(1)(D), substituted ‘‘more cost-effective’’ for ‘‘more cost effective’’.
Par. (13). Pub. L. 106–176, § 120(a)(1)(E), substituted
‘‘paragraph (12),’’ for ‘‘paragraph (13),’’.
Par. (18). Pub. L. 106–176, § 120(a)(1)(F), substituted
‘‘under paragraph (7)(A) and any lease under paragraph

(11)’’ for ‘‘under paragraph (7)(A)(i)(I), any lease under
paragraph (11)(B), and any lease of seasonal quarters
under subsection (l),’’.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 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, 54 Stat. 773; Pub. L.
93–193, § 2, Dec. 19, 1973, 87 Stat. 765; Pub. L.
94–55, § 2(b), July 9, 1975, 89 Stat. 262.)
AMENDMENTS
1975—Pub. L. 94–55 substituted ‘‘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’’ for ‘‘is authorized and
directed to encourage, promote, and develop travel
within the United States, its Territories and possessions, providing such activities do not compete with
the activities of private agencies; and to administer all
existing travel promotion functions of the Department
of Commerce’’.
TRANSFER OF FUNCTIONS
Section 2 of Pub. L. 93–193, Dec. 19, 1973, 87 Stat. 765,
provided that:
‘‘(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 (54 Stat. 773; 16 U.S.C. 18–18d).
‘‘(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.’’

§ 18a. Cooperation with travel agencies; publication of information
In carrying out the purposes of sections 18 to
18d of this title, the Secretary is authorized to
cooperate with public and private tourist, travel, and other agencies in the display of exhibits,
and in the collection, publication, and dissemination of information with respect to places of
interest, routes, transportation facilities, accommodations, and such other matters as he
deems advisable and advantageous for the purpose of encouraging, promoting, or developing
such travel. Nothing in said sections shall prohibit the preparation of graphic materials in foreign languages, designed to call attention to the
attractions and places of interest in the United
States and to encourage the use of American
registered ships and planes. The existing facilities of the United States Government in foreign
countries are authorized to assist in the distribution of this material. The Secretary may
enter into contracts with private publishers for

§ 18b

TITLE 16—CONSERVATION

such printing and binding as he may deem advisable in carrying out the purposes of said sections. The Secretary is also authorized to make
charges for any publications made available to
the public pursuant to said sections; and any
proceeds from the sale of publications produced
by the expenditure of contributed funds shall
continue to be available for printing and binding
as aforesaid.
(July 19, 1940, ch. 642, § 2, 54 Stat. 773.)
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 18 of this title.

§ 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
sections 18 to 18d of this title. The members of
the committee shall receive no compensation
for their services as members, but shall be entitled to reimbursement for such necessary travel
and other expenses in connection with their attendance at committee meetings as may be authorized or approved by the Secretary.
(July 19, 1940, ch. 642, § 3, 54 Stat. 773; Pub. L.
93–193, § 2, Dec. 19, 1973, 87 Stat. 765; Pub. L.
97–31, § 12(10), Aug. 6, 1981, 95 Stat. 154; Pub. L.
98–443, § 9(o), Oct. 4, 1984, 98 Stat. 1708.)
AMENDMENTS
1984—Pub. L. 98–443 struck out ‘‘the Civil Aeronautics
Authority,’’ after ‘‘the Interstate Commerce Commission,’’.
1981—Pub. L. 97–31 substituted ‘‘Department of Transportation’’ for ‘‘United States Maritime Commission’’.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–443 effective Jan. 1, 1985,
see section 9(v) of Pub. L. 98–443, set out as a note under
section 5314 of Title 5, Government Organization and
Employees.
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 Pub. L. 93–193. See Transfer of Functions
note set out under section 18 of this title.
ABOLITION OF INTERSTATE COMMERCE COMMISSION AND
TRANSFER OF FUNCTIONS
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise
provided in Pub. L. 104–88, to Surface Transportation
Board effective Jan. 1, 1996, by section 702 of Title 49,

Page 64

Transportation, and section 101 of Pub. L. 104–88, set
out as a note under section 701 of Title 49. References
to Interstate Commerce Commission deemed to refer to
Surface Transportation Board, a member or employee
of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a
note under section 701 of Title 49.
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 2year period, or in the case of a committee established
by the Congress, its duration is otherwise provided by
law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 18c. Rules and regulations; employees
In the performance of his functions and duties
under the provisions of sections 18 to 18d of this
title, the Secretary of Commerce is authorized—
(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 chapter 51 and subchapter III of chapter 53 of title 5, one special
assistant and not to exceed five artists and illustrators.
(July 19, 1940, ch. 642, § 4, 54 Stat. 774; Oct. 28,
1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Pub.
L. 93–193, § 2, Dec. 19, 1973, 87 Stat. 765.)
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, 54
Stat. 1211, which covered most excepted positions into
the classified (competitive) civil service. The Order is
set out as a note under section 3301 of Title 5, Government Organization and employees.
‘‘Chapter 51 and subchapter III of chapter 53 of title
5’’ substituted in par. (b) for ‘‘the Classification Act of
1949, as amended’’ on authority of Pub. L. 89–554, § 7(b),
Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5.
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 Pub.
L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.
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 Pub. L. 93–193. See Transfer of Functions
note set out under section 18 of this title.

§ 18d. Authorization of appropriations
For the purpose of carrying out the provisions
of sections 18 to 18d of this title, there are authorized to be appropriated not to exceed

Page 65

§ 18f–2

TITLE 16—CONSERVATION

$2,500,000 for the fiscal year ending June 30, 1976;
$625,000 for the transition period of July 1, 1976,
through September 30, 1976; $2,500,000 for the fiscal year ending September 30, 1977, and $2,500,000
for the fiscal year ending September 30, 1978.
(July 19, 1940, ch. 642, § 5, 54 Stat. 774; Pub. L.
91–549, Dec. 14, 1970, 84 Stat. 1437; Pub. L. 94–55,
§ 2(a), July 9, 1975, 89 Stat. 262.)
AMENDMENTS
1975—Pub. L. 94–55 substituted provisions authorizing
appropriations not to exceed $2,500,000 for fiscal year
ending June 30, 1976, $625,000 for the transition period of
July 1, 1976 through Sept. 30, 1976, $2,500,000 for fiscal
year ending Sept. 30, 1977, and $2,500,000 for fiscal year
ending Sept. 30, 1978, for provisions authorizing appropriations not to exceed $250,000 for fiscal year 1971 and
$750,000 for fiscal year 1972.
1970—Pub. L. 91–549 substituted provisions authorizing appropriations of not more than $250,000 for fiscal
year 1971 and not more than $750,000 for fiscal year 1972,
for provisions which authorized appropriations of not
more than $100,000 annually.

§ 18e. Repealed. Sept. 20, 1941, ch. 412, title V,
§ 541(c), 55 Stat. 710
Section, act June 28, 1941, ch. 259, § 1, 55 Stat. 350, exempted national park, etc., admission fees from all
Federal tax on admissions. Act Sept. 20, 1941, was made
effective on, and applicable only with respect to the period beginning with Oct. 1, 1941, by section 550(a) thereof.

§ 18f. Management of museum properties
The purpose of this section and sections 18f–2
and 18f–3 of this title 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 and sections 18f–2 and 18f–3 of this title;
(b) Purchases
Purchase 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, § 1, 69 Stat. 242; Pub. L.
104–333, div. I, title VIII, § 804(a)(1), Nov. 12, 1996,
110 Stat. 4187.)
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–333 struck out ‘‘from
such donations and bequests of money’’ before ‘‘museum objects’’.

§ 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
section 18f of this title in administration of the
Department of the Interior Museum, and may
dispose of objects no longer needed for the Museum or held in duplicate among museum properties and apply the proceeds to the purchase of
museum objects, museum collections, and other
personal properties at reasonable prices.
(Pub. L. 101–512, title I, § 116, Nov. 5, 1990, 104
Stat. 1937.)
§ 18f–2. Additional functions
(a) Museum objects and collections
In addition to the functions specified in section 18f of this title, the Secretary of the Interior may perform the following functions in
such manner as he shall consider to be in the
public interest:
(1) Transfer museum objects and museum
collections that the Secretary determines are
no longer needed for museum purposes to
qualified Federal agencies, including the
Smithsonian Institution, that have programs
to preserve and interpret cultural or natural
heritage, and accept the transfer of museum
objects and museum collections for the purposes of this section and sections 18f and 18f–3
of this title from any other Federal agency,
without reimbursement. The head of any other
Federal agency may transfer, without reimbursement, museum objects and museum collections directly to the administrative jurisdiction of the Secretary of the Interior for the
purpose of this section and sections 18f and
18f–3 of this title.
(2) Convey museum objects and museum collections that the Secretary determines are no
longer needed for museum purposes, without
monetary consideration but subject to such
terms and conditions as the Secretary deems
necessary, to private institutions exempt from
Federal taxation under section 501(c)(3) of title
26 and to non-Federal governmental entities if
the Secretary determines that the recipient is
dedicated to the preservation and interpreta-

§ 18f–3

TITLE 16—CONSERVATION

tion of natural or cultural heritage and is
qualified to manage the property, prior to any
conveyance under this subsection.
(3) Destroy or cause to be destroyed museum
objects and museum collections that the Secretary determines to have no scientific, cultural, historic, educational, esthetic, or monetary value.
(b) Review and approval
The Secretary shall ensure that museum collections are treated in a careful and deliberate
manner that protects the public interest. Prior
to taking any action under subsection (a) of this
section, the Secretary shall establish a systematic review and approval process, including consultation with appropriate experts, that meets
the highest standards of the museum profession
for all actions taken under this section.
(July 1, 1955, ch. 259, § 2, as added Pub. L. 104–333,
div. I, title VIII, § 804(a)(2), Nov. 12, 1996, 110
Stat. 4187.)
§ 18f–3. Application and definitions
(a) Application
Authorities in this section and sections 18f and
18f–2 of this title shall be available to the Secretary of the Interior with regard to museum objects and museum collections that were under
the administrative jurisdiction of the Secretary
for the purposes of the National Park System
before November 12, 1996, as well as those museum objects and museum collections that may
be acquired on or after November 12, 1996.
(b) Definitions
For the purposes of this section and sections
18f and 18f–2 of this title, the terms ‘‘museum
objects’’ and ‘‘museum collections’’ mean objects that are eligible to be or are made part of
a museum, library, or archive collection
through a formal procedure, such as accessioning. Such objects are usually movable and include but are not limited to prehistoric and historic artifacts, works of art, books, documents,
photographs, and natural history specimens.
(July 1, 1955, ch. 259, § 3, as added Pub. L. 104–333,
div. I, title VIII, § 804(b), Nov. 12, 1996, 110 Stat.
4188.)
SUBCHAPTER II—VOLUNTEERS IN PARKS
PROGRAM
§ 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.

Page 66

(Pub. L. 91–357, § 1, July 29, 1970, 84 Stat. 472;
Pub. L. 98–540, § 1(b), Oct. 24, 1984, 98 Stat. 2718.)
AMENDMENTS
1984—Pub. L. 98–540 restricted the activities of volunteers except in the case of skilled individuals.
SHORT TITLE
Section 5 of Pub. L. 91–357, July 29, 1970, 84 Stat. 472,
provided that: ‘‘This Act [enacting this subchapter]
may be cited as the ‘Volunteers in the Parks Act of
1969’.’’

§ 18h. Incidental expenses
The Secretary is authorized to provide for incidental expenses, such as transportation, uniforms, lodging, and subsistence.
(Pub. L. 91–357, § 2, July 29, 1970, 84 Stat. 472.)
§ 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 compensation, 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 chapter 81
of title 5, relating to compensation to Federal
employees for work injuries, volunteers under
this subchapter shall be deemed civil employees
of the United States within the meaning of the
term ‘‘employee’’ as defined in section 8101 of
title 5, and the provisions of that subchapter
shall apply.
(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 section 3721 of
title 31 shall apply.
(Pub. L. 91–357, § 3, July 29, 1970, 84 Stat. 472;
Pub. L. 101–286, title II, § 204(b), May 9, 1990, 104
Stat. 175.)
AMENDMENTS
1990—Subsec. (d). Pub. L. 101–286 added 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
$3,500,000 shall be appropriated in any one year.
(Pub. L. 91–357, § 4, July 29, 1970, 84 Stat. 472;
Pub. L. 94–128, Nov. 13, 1975, 89 Stat. 682; Pub. L.
98–540, § 1(a), Oct. 24, 1984, 98 Stat. 2718; Pub. L.
104–333, div. I, title VIII, § 805, Nov. 12, 1996, 110
Stat. 4188.)
AMENDMENTS
1996—Pub.
‘‘$1,000,000’’.

L.

104–333

substituted

‘‘$3,500,000’’

for

Page 67

§ 19g

TITLE 16—CONSERVATION

1984—Pub.
‘‘$250,000’’.
1975—Pub.
‘‘$100,000’’.

L.
L.

98–540
94–128

substituted
substituted

‘‘$1,000,000’’

for

‘‘$250,000’’

for

EFFECTIVE DATE OF 1984 AMENDMENT
Section 1(a) of Pub. L. 98–540 provided in part that:
‘‘The amendment made by this subsection [amending
this section] shall apply with respect to fiscal years beginning after September 30, 1984.’’

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, 49 Stat.
477, 478, related to: creation of National Park Trust
Fund Board, its composition, conduct of business, and
compensation; authority to accept and administer
gifts, disposition of income, and limitations thereof;
succession, powers as trustee, and jurisdiction of suits;
and exemption of gifts from taxation, respectively. See
sections 19e to 19n of this title.

§ 19d. Repealed. Aug. 30, 1954, ch. 1076, § 1(25), 68
Stat. 968
Section, act July 10, 1935, ch. 375, § 6, 49 Stat. 478, required the National Park Trust Fund Board to submit
an annual report to Congress of the moneys or securities received and held by it, and of its operations.

§ 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.
(Pub. L. 90–209, § 1, Dec. 18, 1967, 81 Stat. 656.)
SHORT TITLE
Pub. L. 90–209, which enacted this subchapter, is popularly known as the ‘‘National Park Foundation Act’’.

§ 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 (49 Stat. 477), as
amended, is hereby repealed.
(Pub. L. 90–209, § 2, Dec. 18, 1967, 81 Stat. 656.)
REFERENCES IN TEXT
Act of July 10, 1935 (49 Stat. 477), as amended, referred
to in text, prior to its repeal by Pub. L. 90–209, § 2, Dec.
18, 1967, 81 Stat. 656, was classified to sections 6a and 19
to 19d of this title.

§ 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.
(Pub. L. 90–209, § 3, Dec. 18, 1967, 81 Stat. 656.)

§ 19h

TITLE 16—CONSERVATION

§ 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 with or
without reimbursement therefor. Monies reimbursed to either Department shall be returned
by the Department to the account from which
the funds for which the reimbursement is made
were drawn and may, without further appropriation, be expended for any purpose for which such
account is authorized.
(Pub. L. 90–209, § 4, Dec. 18, 1967, 81 Stat. 656; Pub.
L. 106–176, title III, § 305, Mar. 10, 2000, 114 Stat.
33.)

Page 68

(Pub. L. 90–209, § 7, Dec. 18, 1967, 81 Stat. 657.)
§ 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.
(Pub. L. 90–209, § 8, Dec. 18, 1967, 81 Stat. 657.)
§ 19m. Liability of United States
The United States shall not be liable for any
debts, defaults, acts, or omissions of the Foundation.
(Pub. L. 90–209, § 9, Dec. 18, 1967, 81 Stat. 657.)
§ 19n. Omitted

AMENDMENTS

CODIFICATION

2000—Pub. L. 106–176 inserted ‘‘with or’’ before ‘‘without’’ and inserted at end ‘‘Monies reimbursed to either
Department shall be returned by the Department to the
account from which the funds for which the reimbursement is made were drawn and may, without further appropriation, be expended for any purpose for which such
account is authorized.’’

Section, Pub. L. 90–209, § 10, Dec. 18, 1967, 81 Stat. 657,
which required the National Park Foundation to transmit to Congress an annual report of its proceedings and
activities, including a full and complete statement of
its receipts, expenditures, and investments, terminated, effective May 15, 2000, pursuant to section 3003 of
Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page
204 of House Document No. 103–7.

§ 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.
(Pub. L. 90–209, § 5, Dec. 18, 1967, 81 Stat. 657.)
§ 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.
(Pub. L. 90–209, § 6, Dec. 18, 1967, 81 Stat. 657.)
§ 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.

§ 19o. Promotion of local fundraising support
(a) Establishment
The Foundation shall design and implement a
comprehensive program to assist and promote
philanthropic programs of support at the individual national park unit level.
(b) Implementation
The program under subsection (a) of this section shall be implemented to—
(1) assist in the creation of local nonprofit
support organizations; and
(2) provide support, national consistency,
and management-improving suggestions for
local nonprofit support organizations.
(c) Program
The program under subsection (a) of this section shall include the greatest number of national park units as is practicable.
(d) Requirements
The program under subsection (a) of this section shall include, at a minimum—
(1) a standard adaptable organizational design format to establish and sustain respon-

Page 69

§ 19jj–1

TITLE 16—CONSERVATION

sible management of a local nonprofit support
organization for support of a national park
unit;
(2) standard and legally tenable bylaws and
recommended money-handling procedures that
can easily be adapted as applied to individual
national park units; and
(3) a standard training curriculum to orient
and expand the operating expertise of personnel employed by local nonprofit support organizations.
(e) Annual report
The Foundation shall report the progress of
the program under subsection (a) of this section
in the annual report of the Foundation.
(f) Affiliations
(1) Charter or corporate bylaws
Nothing in this section requires—
(A) a nonprofit support organization or
friends group to modify current practices or
to affiliate with the Foundation; or
(B) a local nonprofit support organization,
established as a result of this section, to be
bound through its charter or corporate bylaws to be permanently affiliated with the
Foundation.
(2) Establishment
An affiliation with the Foundation shall be
established only at the discretion of the governing board of a nonprofit organization.
(Pub. L. 90–209, § 11, as added Pub. L. 105–391,
title VII, § 701, Nov. 13, 1998, 112 Stat. 3520.)
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, Pub. L. 97–433, § 2, Jan. 8, 1983, 96 Stat.
2277, defined terms for purposes of this subchapter.
Section 19bb, Pub. L. 97–433, § 3, Jan. 8, 1983, 96 Stat.
2277, established in United States Treasury the National Park System Visitor Facilities Fund and provided for funds to be credited to that Fund.
Section 19cc, Pub. L. 97–433, § 4, Jan. 8, 1983, 96 Stat.
2277, authorized appropriations to be made available to
National Park Foundation to carry out its functions
under this subchapter.
Section 19dd, Pub. L. 97–433, § 5, Jan. 8, 1983, 96 Stat.
2278, related to administration of Fund projects and required Foundation to include in its annual report a description of projects undertaken and accomplishments
made under this subchapter.
Section 19ee, Pub. L. 97–433, § 6, Jan. 8, 1983, 96 Stat.
2278, related to authority of National Park Foundation.
Section 19ff, Pub. L. 97–433, § 7, Jan. 8, 1983, 96 Stat.
2279, provided that nothing in this subchapter affect responsibilities of Secretary of the Interior under other
provisions of law.
Section 19gg, Pub. L. 97–433, § 8, Jan. 8, 1983, 96 Stat.
2279, provided that authorities contained in this subchapter expire Sept. 30, 1989, and that any moneys credited to Fund not appropriated, expended, or obligated
be transferred to miscellaneous receipts of the Treasury.
SHORT TITLE
Section 1 of Pub. L. 97–433 provided that this subchapter be cited as the ‘‘National Park System Visitor
Facilities Fund Act’’.

SUBCHAPTER III–B—PARK SYSTEM
RESOURCE PROTECTION
§ 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
section 19jj–2(b) of this title.
(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 non-living resource that is located 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.
(g) ‘‘Marine or aquatic park system resource’’
means any living or non-living part of a marine
or aquatic regimen within or is a living part of
a marine or aquatic regimen within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.
(Pub. L. 101–337, § 1, July 27, 1990, 104 Stat. 379;
Pub. L. 104–333, div. I, title VIII, § 814(h)(1), (2),
Nov. 12, 1996, 110 Stat. 4199.)
AMENDMENTS
1996—Subsec. (d). Pub. L. 104–333, § 804(h)(1), amended
subsec. (d) generally. Prior to amendment, subsec. (d)
read as follows: ‘‘ ‘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.’’
Subsec. (g). Pub. L. 104–333, § 814(h)(2), added subsec.
(g).

§ 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.

§ 19jj–2

TITLE 16—CONSERVATION

(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 or any marine or
aquatic park 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.
(Pub. L. 101–337, § 2, July 27, 1990, 104 Stat. 379;
Pub. L. 104–333, div. I, title VIII, § 814(h)(3), Nov.
12, 1996, 110 Stat. 4199; Pub. L. 106–176, title I,
§ 120(c), Mar. 10, 2000, 114 Stat. 29.)
AMENDMENTS
2000—Subsec. (b). Pub. L. 106–176 inserted ‘‘or’’ after
‘‘park system resource’’.
1996—Subsec. (b). Pub. L. 104–333 inserted ‘‘any marine or aquatic park resource’’ after ‘‘any park system
resource’’.

Page 70

§ 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.
(Pub. L. 101–337, § 4, July 27, 1990, 104 Stat. 380;
Pub. L. 103–437, § 6(d)(3), Nov. 2, 1994, 108 Stat.
4583.)

§ 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;

CODIFICATION
Subsection (d), which required the Secretary to 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, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance. See, also, page 111 of
House Document No. 103–7.

may commence a civil action in the United
States district court for the appropriate district
against any person who may be liable under section 19jj–1 of this title for response costs and
damages. The Secretary shall submit a request
for such an action to the Attorney General
whenever a person may be liable or an instrumentality may be liable in rem for such costs
and damages as provided in section 19jj–1 of this
title.
(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.

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.

(Pub. L. 101–337, § 3, July 27, 1990, 104 Stat. 380.)

(Pub. L. 101–337, § 5, July 27, 1990, 104 Stat. 381.)

AMENDMENTS
1994—Subsec. (d). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.

§ 19jj–4. Donations

Page 71

§ 21a

TITLE 16—CONSERVATION

SUBCHAPTER IV—CONCESSIONS FOR ACCOMMODATIONS, FACILITIES, AND SERVICES IN AREAS ADMINISTERED BY NATIONAL PARK SERVICE
§§ 20 to 20g. Repealed. Pub. L. 105–391, title IV,
§ 415(a), Nov. 13, 1998, 112 Stat. 3515
Section 20, Pub. L. 89–249, § 1, Oct. 9, 1965, 79 Stat. 969,
related to congressional findings and statement of purpose.
Section 20a, Pub. L. 89–249, § 2, Oct. 9, 1965, 79 Stat.
969, related to authority of Secretary of the Interior to
encourage concessioners.
Section 20b, Pub. L. 89–249, § 3, Oct. 9, 1965, 79 Stat.
969, related to protection of concessioner’s investment.
Section 20c, Pub. L. 89–249, § 4, Oct. 9, 1965, 79 Stat.
970, related to new or additional services, preferential
rights, and operations by a single concessioner.
Section 20d, Pub. L. 89–249, § 5, Oct. 9, 1965, 79 Stat.
970, related to renewal preference for satisfactory performance, extensions, new contracts, and public notice.
Section 20e, Pub. L. 89–249, § 6, Oct. 9, 1965, 79 Stat.
970, related to concessioner’s possessory interest in
concession property, limitations, compensation for
taking, and determination of just compensation.
Section 20f, Pub. L. 89–249, § 7, Oct. 9, 1965, 79 Stat. 971,
related to use of non-monetary consideration in leases
of government property.
Section 20g, Pub. L. 89–249, § 9, Oct. 9, 1965, 79 Stat.
971, related to recordkeeping, audit and examination,
and access to books and records.
Sections 20 to 20g were popularly known as the National Park System Concessions Policy Act. For similar provisions, see section 5951 et seq. of this title.
REPEAL OF NATIONAL PARK SERVICE CONCESSIONS
POLICY ACT; SAVINGS PROVISION
Pub. L. 105–391, title IV, § 415(a), Nov. 13, 1998, 112
Stat. 3515, provided that: ‘‘Public Law 89–249 (commonly known as the National Park Service Concessions
Policy Act; 16 U.S.C. 20 et seq.) is repealed. The repeal
of such Act shall not affect the validity of any concessions contract or permit entered into under such Act,
but the provisions of this title [see Short Title note set
out under section 5901 of this title] shall apply to any
such contract or permit except to the extent such provisions are inconsistent with the terms and conditions
of any such contract or permit. References in this title
to concessions contracts awarded under authority of
such Act also apply to concessions permits awarded
under such authority.’’

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 section 22 of this
title, shall be considered trespassers and removed therefrom.
(R.S. § 2474.)
CODIFICATION
R.S. § 2474 derived from act Mar. 1, 1872, ch. 24, § 1, 17
Stat. 32.

§ 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

§ 21b

TITLE 16—CONSERVATION

Page 72

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.

§ 21d. Existing claims, locations, and entries as
affected by revised boundaries

(Mar. 1, 1929, ch. 437, § 1, 45 Stat. 1435; Apr. 19,
1930, ch. 190, 46 Stat. 220.)

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 section 3 of this title not inconsistent with this section, he shall make regulations
providing for the preservation, from injury or
spoliation, of all timber, mineral deposits, natural curiosities, or wonders, within the park, and
their retention in their natural condition. The
Secretary may, in his discretion, grant leases
for building purposes for terms not exceeding
thirty years, of small parcels of ground, at such
places in the park as may require the erection of
buildings for the accommodation of visitors. He
shall provide against the wanton destruction of
the fish and game found within the 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 is authorized to take all such measures as may be necessary or proper to fully carry out the objects
and purposes of this section.

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’’.

§ 21b. Extension of certain laws to park
The provisions of section 21 of this title, reserving lands for park purposes, the Act of July
10, 1890 admitting the State of Wyoming into the
Union, and sections 1, 2, 3, 4, 24, 26, 30 and 30a of
this title and all Acts supplementary to and
amendatory of said sections are made applicable
to and extended over the lands added to the
park: Provided, That the provisions of the Federal Power Act [16 U.S.C. 791a et seq.] shall not
apply to or extend over such lands.
(Mar. 1, 1929, ch. 437, § 2, 45 Stat. 1436.)

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, 45 Stat. 1436.)
REFERENCES IN TEXT
Herein, referred to in text, means act Mar. 1, 1929,
which is classified to sections 21a to 21d of this title.
For complete classification of this Act to the Code, see
Tables.

§ 22. Control of park by Secretary of the Interior;
removal of trespassers

(R.S. § 2475; Aug. 25, 1916, ch. 408, § 3, 39 Stat. 535;
Pub. L. 85–434, May 29, 1958, 72 Stat. 152.)

REFERENCES IN TEXT

CODIFICATION

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 791a of this title. The Federal Power Act
is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
and is classified generally to chapter 12 (§ 791a et seq.)
of this title. For complete classification of this Act to
the Code, see section 791a of this title and Tables.

R.S. § 2475 derived from act Mar. 1, 1872, ch. 24, § 2, 17
Stat. 33.
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 section 3 of this title not inconsistent with
this section’’ were added to relate this section to later
law, defining the duties of the Secretary of the Interior
as to national parks.
‘‘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 section 3 of this
title.
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 section 452
of this title providing for the disposition of all revenues
from national parks.

§ 21c. Section 485 as extending to revised boundaries; lands acquired by exchange
The provisions of section 485 of this title shall
continue to be applicable to the areas included
within the Yellowstone National Park by section 21a of this title, and any lands within such
areas acquired by exchange thereunder shall
thereupon become a part of the Yellowstone National Park.
(Mar. 1, 1929, ch. 437, § 3, 45 Stat. 1436.)

Page 73

TITLE 16—CONSERVATION

§ 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, 22 Stat. 627; July 26, 1947,
ch. 343, title II, § 205(a), 61 Stat. 501.)
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, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.

§ 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, 28 Stat. 73.)
REFERENCES IN TEXT
This Act, referred to in text, is act May 7, 1894, which
is classified to sections 24 to 30a of this title. For complete classification of this Act to the Code, see Tables.
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, 36 Stat. 1130, constituting
the State of Wyoming and Yellowstone National Park
the judicial district of Wyoming, that section being in
turn superseded by act June 5, 1924, ch. 260, 43 Stat. 388.
Provisions of that act are covered by section 131 of
Title 28, Judiciary and Judicial Procedure.
WYOMING: JURISDICTION OVER PARK
The act admitting the State of Wyoming into the
Union, act July 10, 1890, ch. 664, 26 Stat. 222, contained
a proviso annexed to the description of the boundaries
of the State, in section 2 of the act, as follows: ‘‘That
nothing in this act contained shall repeal or affect any
act of Congress relating to the Yellowstone National
Park, or the reservation of the Park as now defined, or
as may be hereafter defined or extended, or the power
of the United States over it; and nothing contained in
this act shall interfere with the right and ownership of
the United States in said park and reservation as it

§ 26

now is or may hereafter be defined or extended by law;
but exclusive legislation, in all cases whatsoever, shall
be exercised by the United States, which shall have exclusive control and jurisdiction over the same; but
nothing in this proviso contained shall be construed to
prevent the service within said park of civil and criminal process lawfully issued by the authority of said
State.’’

§ 25. Repealed. June 25, 1948, ch. 646, § 39, 62
Stat. 992, eff. Sept. 1, 1948
Section, act May 7, 1894, ch. 72, § 3, 28 Stat. 73, related
to applicability of criminal laws. See section 13 of Title
18, Crimes and Criminal Procedure.

§ 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, en-

§§ 27 to 29

TITLE 16—CONSERVATION

snaring, 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, 28 Stat. 73; June 28, 1916,
ch. 179, 39 Stat. 238.)
REFERENCES IN TEXT
This Act, referred to in text, is act May 7, 1894, which
is classified to sections 24 to 30a of this title. For complete classification of this Act to the Code, see Tables.

§§ 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, 28 Stat. 74;
Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 28, 1938, ch.
778, § 1, 52 Stat. 1213, related to jurisdiction and powers
of commissioner [now magistrate judges]. See sections
131, 631, and 632 of Title 28, Judiciary and Judicial Procedure.
Section 28, act May 7, 1894, ch. 72, § 6, 28 Stat. 75, related to deputy marshals. See section 562 of Title 28.
Section 29, acts May 7, 1894, ch. 72, § 7, 28 Stat. 75; Apr.
17, 1900, ch. 192, § 1, 31 Stat. 133; Mar. 4, 1923, ch. 295, 42
Stat. 1560, related to compensation of commissioners
[now magistrate judges], marshals, and United States
attorneys. See sections 548, 571, 572, and 634 of Title 28.

§ 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, 28 Stat. 75; Pub. L. 90–578,
title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118;
Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104
Stat. 5117.)
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 section 451 of
this title.
CHANGE OF NAME
‘‘United States magistrate judge’’ substituted in text
for ‘‘magistrate’’ pursuant to section 321 of Pub. L.
101–650, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure. Previously, ‘‘magistrate’’ substituted for ‘‘commissioner’’ pursuant to
Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28.

§ 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.

Page 74

(May 7, 1894, ch. 72, § 10, 28 Stat. 75; July 26, 1947,
ch. 343, title II, § 205(a), 61 Stat. 501.)
REFERENCES IN TEXT
This Act, referred to in text, is act May 7, 1894, which
is classified to sections 24 to 30a of this title. For complete classification of this Act to the Code, see Tables.
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, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’ which in sections 3010 to
3013 continued military Department of the Army under
administrative supervision of Secretary of the Army.

§ 31. Repealed. June 25, 1948, ch. 646, § 39, 62
Stat. 992, eff. Sept. 1, 1948
Section, act May 7, 1894, ch. 72, § 8, 28 Stat. 75, related
to payment of costs and expenses.

§ 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, 28 Stat. 222; June 4, 1906, ch.
2570, 34 Stat. 207; Mar. 2, 1907, ch. 2518, 34 Stat.
1219.)

Page 75

§ 38

TITLE 16—CONSERVATION
CODIFICATION

CHANGE OF NAME

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 eightythree, 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.

Department of War designated Department of the
Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.

§ 33. Mortgages by lessees within the park
Any person, corporation, or company holding
a lease within Yellowstone Park for the purposes described in section 32 of this title is authorized, with the approval of the Secretary of
the Interior, to execute mortgages upon his or
its rights, properties, and franchises, including
his or its contract or contracts with the Secretary of the Interior, and such mortgages, together with the approval of the Secretary of the
Interior may be filed for record in the office of
the Secretary of the Interior, and when so recorded shall have all the effect of a public
record. Any mortgage, lien, or encumbrance created under the provisions of this section 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.
(June 4, 1906, ch. 2570, 34 Stat. 207.)
§ 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, 40 Stat. 678.)
§ 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, 32 Stat. 1130; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

§ 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, 42 Stat. 1214.)
§ 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, 45 Stat. 1644.)
§ 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 sections 37 to 40 of this title.
(May 26, 1926, ch. 399, § 1, 44 Stat. 655.)
§ 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

§ 39

TITLE 16—CONSERVATION

State ownership within the townships described
in section 37 of this title, and in exchange therefor may patent not to exceed an equal value of
national forest land in the State of Montana,
surveyed and nonmineral in character, or the
Secretary of Agriculture may authorize the
grantor to cut and remove not to exceed an
equal value of timber within the national forests
of said State, the values in each case to be determined by the Secretary of Agriculture: Provided, That before any such exchange is effected,
notice of the contemplated exchange reciting
the lands involved shall be published once each
week for four successive weeks in some newspaper of general circulation in the county or
counties in which may be situated the lands to
be accepted and in some like newspaper published in any county in which may be situated
any lands or timber to be given in such exchange. Timber given in exchange shall be cut
and removed from national forests under the
laws and regulations relating to the national
forests and under the direction and supervision
and in accordance with the requirements of the
Secretary of Agriculture.
(May 26, 1926, ch. 399, § 2, 44 Stat. 655; Pub. L.
86–509, § 1(f), June 11, 1960, 74 Stat. 205.)
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 Pub. L. 86–509, June 11, 1960, 74 Stat. 205, set out as
a note under section 2201 of Title 7, Agriculture.

Page 76

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 sections 37
to 40 of this title, within the territory described
in this section, subject, however, to all valid existing claims and to reservations such as are authorized by section 39 of this title; but, with the
exception of valid existing claims, no land so
added to Yellowstone National Park shall be
subject to entry under the mining laws of the
United States: Provided, That the Secretary of
the Interior for such lands as are added to Yellowstone National Park may provide by rules
and regulations for the management and use of
the added lands as may in his discretion be necessary to accomplish the purposes of sections 37
to 40 of this title: And provided further, That the
lands of the United States acquired by donation
or purchase within the area described in section
37 of this title shall not be subject to location
and entry under the mining laws of the United
States nor the Act of June 11, 1906, authorizing
homestead entries in national forests.

§ 39. Reservation of timber, minerals, or easements by owners on exchange

(May 26, 1926, ch. 399, § 6, 44 Stat. 656.)

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 sections 37 to 40 of this
title. Where such reservations are made, the
right to enjoy them 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 of the Interior or the Secretary of Agriculture, whichever
may be responsible for the handling and use of
the land as provided in said sections: Provided,
That all property, rights, easements, and benefits authorized by this section to be retained by
or reserved to owners of land conveyed to the
United States shall be subject to the tax laws of
the States where such lands are located.

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, 34 Stat. 233, which was classified
to sections 506 to 508 and 509 of this title, and was repealed by Pub. L. 87–869, § 4, Oct. 23, 1962, 76 Stat. 1157.

(May 26, 1926, ch. 399, § 3, 44 Stat. 656.)
§ 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

REFERENCES IN TEXT

§ 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 sections 40a to 40c of
this title, in advance or otherwise, from any revenues received by the United States from visitors to Yellowstone National Park, to the appropriate school district or districts serving that
park, as reimbursement for educational facilities (including, where appropriate, transportation to and from school) furnished by the said
district or districts to pupils who are dependents
of persons engaged in the administration, operation, and maintenance of the park, and living
at or near the park upon real property of the
United States not subject to taxation by the
State or local agencies and upon which payments in lieu of taxes are not made by the
United States: Provided, That the payments for
any school year for the aforesaid purpose shall
not exceed that part of the cost of operating and
maintaining such facilities which the number of
pupils, in average daily attendance during that

Page 77

year, bears to the whole number of pupils in average daily attendance at those schools for that
year.
(June 4, 1948, ch. 417, § 1, 62 Stat. 338.)
§ 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 section 40a of this title, the Secretary of the Interior, in his discretion, may enter into cooperative agreements with States or local agencies
for (a) the operation of school facilities, (b) for
the construction and expansion of local facilities at Federal expense, and (c) for contribution
by the Federal Government, on an equitable
basis satisfactory to the Secretary, to cover the
increased cost to local agencies for providing
the educational services required for the purposes of sections 40a to 40c of this title.
(June 4, 1948, ch. 417, § 2, 62 Stat. 339.)
§ 40c. Creation of special fund; expenditure
For the purposes of sections 40a and 40b of this
title, the Secretary of the Treasury is authorized to maintain hereafter in a special fund a
sufficient portion of the park revenues, based
upon estimates to be submitted by the Secretary of the Interior, and to expend the same
upon certification by the Secretary of the Interior.
(June 4, 1948, ch. 417, § 3, 62 Stat. 339.)
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 section
80a of this title.

§ 41. Sequoia National Park;
boundaries; trespassers

§ 45a

TITLE 16—CONSERVATION

establishment;

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 section 43 of this title, shall
be considered trespassers and removed therefrom.
(Sept. 25, 1890, ch. 926, § 1, 26 Stat. 478.)
§ 42. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat.
1028
Section, act July 1, 1916, ch. 209, § 1, 39 Stat. 308, related to donations of lands or rights-of-way. For general
provisions relating to donations of lands, etc., see section 6 of this title.

§ 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 section 41
of this title.
(Sept. 25, 1890, ch. 926, § 2, 26 Stat. 478; Aug. 25,
1916, ch. 408, § 3, 39 Stat. 535; Pub. L. 85–434, May
29, 1958, 72 Stat. 152.)
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 section 3 of this title.
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 section 452 of this title providing for the disposition of all
revenues from the national parks.

§§ 44, 45. Transferred
CODIFICATION
Section 44, act Oct. 1, 1890, ch. 1263, § 1, 26 Stat. 650,
which related to lands in California set aside as reserved forest lands, was transferred to section 471c of
this title.
Section 45, act Oct. 1, 1890, ch. 1263, § 3, 26 Stat. 651,
which related to additional forest reserves in California, was transferred to section 471d of this title.

§ 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
1 So

in original. Probably should be ‘‘Fork’’.

§ 45a–1

TITLE 16—CONSERVATION

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 eightyeight 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

Page 78

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, 44 Stat. 818.)
EXCLUSION AND ADDITION OF LANDS
Certain lands excluded from Kings Canyon National
Park and added to Sequoia National Forest, see section
80a–1 of this title.
Certain lands excluded from Sequoia National Forest
and added to Kings Canyon National Park, see section
80a–2 of this title.

§ 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, 57 Stat. 606.)
ELECTRIC POWER DEVELOPMENT PERMITS
Pub. L. 99–338, June 19, 1986, 100 Stat. 641, as amended
by Pub. L. 103–437, § 6(d)(4), Nov. 2, 1994, 108 Stat. 4583;
Pub. L. 108–447, div. E, title I, § 139(c), Dec. 8, 2004, 118
Stat. 3069, provided: ‘‘That the Secretary of the Interior is hereby authorized to issue a permit for ten
years, and may issue not more than 3 renewals of
equivalent duration, for portions of an existing hydro-

Page 79

TITLE 16—CONSERVATION

electric project, known as the Kaweah Project of
Southern California Edison Company, to continue to
occupy and use lands of the United States within Sequoia National Park as necessary for continued operation and maintenance.
‘‘SEC. 2. The Secretary shall not execute any permit
renewal prior to one hundred and twenty calendar days
from the date the same is submitted to the Committee
on Energy and Natural Resources of the United States
Senate and to the Committee on Natural Resources of
the United States House of Representatives.
‘‘SEC. 3. The permit shall contain the following provisions:
‘‘(1) A prohibition on expansion of the Kaweah
Project in Sequoia National Park.
‘‘(2) A requirement that an independent safety assessment of the Kaweah Project be conducted, and
that any deficiencies identified as a result of the assessment would be corrected.
‘‘(3) A requirement that the Secretary prepare and
submit to Congress an update of the July 1983 report
on the impact of the operations of the Kaweah No. 3
facility on Sequoia National Park.
‘‘(4) A requirement that the permittee pay the park
compensation as determined by the Secretary in consultation with the permittee.
‘‘(5) Any other reasonable terms and conditions
that the Secretary of the Interior deems necessary
and proper for the management and care of Sequoia
National Park and the purposes for which it was established.
‘‘SEC. 4. The proceeds from any fees imposed pursuant
to a permit issued under this Act shall be retained by
Sequoia National Park and Kings Canyon National
Park and shall be available, without further appropriation, for resources protection, maintenance, and other
park operational needs.’’
Pub. L. 93–522, Dec. 14, 1974, 88 Stat. 1660, as amended
by Pub. L. 95–625, title III, § 314(d)(3), Nov. 10, 1978, 92
Stat. 3482, authorized Secretary of the Interior to issue
a permit to occupy and use lands of United States within Sequoia National Park necessary for continued operation, maintenance, and use of hydroelectric project
known as the Kaweah Number 3 project of Southern
California Edison Company, provided that in no event
could the term of such permit extend for any period in
excess of ten years following the date of its issuance,
unless specifically authorized by law, provided for
terms and conditions of permit, required report on impact of hydroelectric project, and provided for applicability of the Act.
Pub. L. 88–47, June 21, 1963, 77 Stat. 70, authorized
Secretary of the Interior to issue a permit to use and
occupy United States lands within Sequoia National
Park necessary for continued operation, maintenance,
and use of the Kaweah number 3 hydroelectric project
of Southern California Edison Company, which by its
terms was to provide that any privileges granted thereunder were to be exercised in accord with Federal
Power Act (16 U.S.C. 791a et seq.) and rules and regulations promulgated thereunder, and which was to expire
no later than Aug. 6, 1974.
Section 3 of act Dec. 21, 1943, provided as follows:
‘‘Nothing in this Act [sections 45a–1 and 45a–2 of this
title] shall be construed to alter or affect in any manner the provisions, or extend the term, of the permit
heretofore granted to the Southern California Edison
Company and predecessors thereof for the use of lands
in the Sequoia National Park for electric power development purposes, or to relieve the company of any financial or other obligation under said permit, or under
agreements or orders relating or supplementary thereto.’’

§ 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 section 45a–1 of
this title, the Secretary is authorized, in his dis-

§ 45b

cretion, to patent to the owner of tract A, subject to such terms and conditions as the Secretary may deem necessary, certain lands of approximately equal value described as follows:
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 section
45a–1 of this title, the Secretary is authorized to
patent, in a similar manner, to the owner of
tracts B and C certain lands of approximately
equal value described as follows:
Tract E. The southwest quarter of the northwest quarter of section 4, which shall be subject
to section 818 of this title; the south half of the
northeast quarter of section 5; and approximately sixty-eight acres of the north half of the
southeast quarter of section 5, which shall not
include the surveyed two-hundred-foot strip as
shown on map ‘‘D’’ of exhibit ‘‘K’’, entitled ‘‘Detailed Map of Kaweah Project of the Southern
California Edison Company, Ltd.’’, and filed in
the office of the Federal Power Commission on
December 12, 1923; all of said lands in tract E
being situated in township 17 south, range 29
east, Mount Diablo meridian, comprising approximately one hundred and eighty-eight acres.
(Dec. 21, 1943, ch. 372, § 2, 57 Stat. 606.)
§ 45a–3. Repealed. Pub. L. 95–625, title
§ 314(g), Nov. 10, 1978, 92 Stat. 3483

III,

Section, Pub. L. 85–648, Aug. 14, 1958, 72 Stat. 604, authorized addition of certain lands to the Sequoia National Game Refuge and exclusion of such lands from
the Sequoia National Park. See section 45f(b)(2) of this
title.
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 section 45f(b)(2) of this title, see section
314(g) of Pub. L. 95–625, set out as an Effective Date of
Repeal note under section 688 of this title.

§ 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

§ 45c

TITLE 16—CONSERVATION

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, 44 Stat. 820.)
REFERENCES IN TEXT
This Act, referred to in text, is act July 3, 1926, which
is classified to sections 45a, 45b to 45e, and 688 of this
title. For complete classification of this Act to the
Code, see Tables.

§ 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, 44 Stat. 820.)
REFERENCES IN TEXT
Herein, referred to in text, means act July 3, 1926,
which is classified to sections 45a, 45b to 45e, and 688 of
this title. For complete classification of this Act to the
Code, see Tables.

§ 45d. Exclusive privileges within park prohibited
No exclusive privilege shall be granted within
said park, or on or over the roads and trails

Page 80

therein, except upon ground leased for the erection of buildings or camps thereon.
(July 3, 1926, ch. 744, § 4, 44 Stat. 820.)
§ 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, 44 Stat. 820.)
REFERENCES IN TEXT
This Act, referred to in text, is act July 3, 1926, which
is classified to sections 45a, 45b to 45e, and 688 of this
title. For complete classification of this Act to the
Code, see Tables.

§ 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

Page 81

TITLE 16—CONSERVATION

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. 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

§ 45f

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 sections 1, 2, 3, 4, 41, and 43 of this
title. Any other statutory authority available to
the Secretary for the conservation and management of wildlife, wildlife habitat, and natural
resources may be utilized to the extent he finds
such authority will further the purposes of this
section.
(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 Fed-

§ 45f

TITLE 16—CONSERVATION

eral 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 to their heirs, successors,
and assigns, 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 Na-

Page 82

tional 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.
(Pub. L. 95–625, title III, § 314, Nov. 10, 1978, 92
Stat. 3479; Pub. L. 103–437, § 6(d)(5), Nov. 2, 1994,
108 Stat. 4583; Pub. L. 108–447, div. E, title I,
§ 139(b), Dec. 8, 2004, 118 Stat. 3068.)
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 Pub. L. 95–625, which in addition to
enacting this section, repealed sections 45a–3 and 688 of
this title, enacted provisions set out as a note under
section 688 of this title, and amended provisions set out
as a note under section 45a–1 of this title.
CODIFICATION
Section is comprised of section 314 of Pub. L. 95–625.
Subsec. (d)(3) of section 314 of Pub. L. 95–625 amended
Pub. L. 93–522, which is set out as a note under section
45a–1 of this title. Subsec. (g) of section 314 of Pub. L.
95–625 repealed sections 45a–3 and 688 of this title and
enacted provisions set out as notes under section 688 of
this title.
AMENDMENTS
2004—Subsec. (c)(2). Pub. L. 108–447, § 139(b)(1), struck
out second sentence which read as follows: ‘‘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.’’
Subsec. (d)(2)(B). Pub. L. 108–447, § 139(b)(2), inserted
‘‘and to their heirs, successors, and assigns’’ after ‘‘of
record on November 10, 1978,’’ in third sentence.
1994—Subsec. (b)(1). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.

Page 83

TITLE 16—CONSERVATION
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.
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Interior, see
section 2 of Pub. L. 95–625, set out as a note under section 2503 of this title.

§ 45g. Addition to Sequoia National Park
(a) In general
As soon as practicable after December 28, 2000,
the Secretary of the Interior shall acquire by
donation, purchase with donated or appropriated
funds, or exchange, all interest in and to the
land described in subsection (b) of this section
for addition to Sequoia National Park, California.
(b) Land acquired
The land referred to in subsection (a) of this
section is the land depicted on the map entitled
‘‘Dillonwood’’, numbered 102/80,044, and dated
September 1999.
(c) Addition to park
Upon acquisition of the land under subsection
(a) of this section—
(1) the Secretary of the Interior shall—
(A) modify the boundaries of Sequoia National Park to include the land within the
park; and
(B) administer the land as part of Sequoia
National Park in accordance with all applicable laws; and
(2) the Secretary of Agriculture shall modify
the boundaries of the Sequoia National Forest
to exclude the land from the forest boundaries.
(Pub. L. 106–574, § 1, Dec. 28, 2000, 114 Stat. 3062.)
§ 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 section 471c of this title, but not included
within the metes and bounds of the land hereinafter described are included and made a part of
the Sierra National Forest, namely: The tracts
of land in the State of California known and described as follows: Beginning at the point where
the middle of the channel of the South Fork of
the Merced River intersects the line between
sections 3 and 4, township 4 south, range 20 east,
Mount Diablo base and meridian; thence northerly along section lines through the middle of
townships 3 and 4 south, range 20 east, to the
northwest corner of section 3, township 3 south,
range 20 east; thence westerly along township
line to the southwest corner of section 33, township 2 south, range 20 east; thence northerly
along section lines to the northwest corner of
section 21, said township; thence westerly along
section lines to the southwest corner of section
18, said township; thence southerly along range
line to the southeast corner of the northeast
quarter of section 24, township 2 south, range 19
east; thence westerly to the southwest corner of

§ 46

the northeast quarter of section 24, said township; thence southerly to the southeast corner of
the southwest quarter of section 24, said township; thence westerly along section lines to the
southwest corner of section 23, said township;
thence northerly along section lines to the
northwest corner of the southwest quarter of
section 14, said township; thence easterly to the
northeast corner of the southeast quarter of section 14, said township; thence northerly along
section line to the northwest corner of section
13, said township; thence easterly along section
line to the northeast corner of section 13, said
township; thence northerly along range line to
the northwest corner of the southwest quarter of
section 7, township 2, south, range 20 east;
thence easterly to the northeast corner of the
southeast quarter of section 7, said township;
thence southerly along section line to the northwest corner of section 17, said township; thence
easterly along section lines to the northeast
corner of section 16, said township; thence
northerly along section lines to the northwest
corner of section 3, said township; thence westerly along township line to the southwest corner
of section 33, township 1 south, range 20 east;
thence northerly along section lines to the
northwest corner of section 21, said township;
thence westerly along section lines to the southwest corner of section 18, said township; thence
northerly along range line to the northwest corner of section 6, said township; thence westerly
along Mount Diablo base line to the southwest
corner of section 34, township 1 north, range 19
east; thence northerly along section lines
through the middle of townships 1 and 2 north,
range 19 east, to the point of intersection with
the summit of the divide between Cherry Creek
on the west and Eleanor and Fall Creeks on the
east; thence along the summit of said divide in
a northeasterly direction to the summit of the
Sierra Nevada Mountains; thence southeasterly
along the summit of the Sierra Nevada Mountains to the divide between the Merced and San
Joaquin Rivers; thence southwesterly along said
divide to the point of intersection with the
south boundary of township 4 south, range 23
east, Mount Diablo base and meridian; thence
westerly along township line to the point of
intersection with the middle of the channel of
the South Fork of the Merced River; thence
westerly down the middle of said river to the
place of beginning. The lands above described
are reserved and withdrawn from settlement, occupancy, or sale under the laws of the United
States, and set apart as reserved forest lands,
subject to all the provisions of sections 55, 61,
471c and 471d of this title. The Secretary of the
Interior may require the payment of such price
as he may deem proper for privileges on the land
herein segregated from the Yosemite National
Park and made a part of the Sierra National
Forest accorded under section 79 of this title, relating to rights of way over certain parks, reservations, and other lands, and other acts concerning rights of way over public lands; and the
moneys received from the privileges accorded on
the lands herein segregated and included in the
Sierra National Forest shall be paid into the
Treasury of the United States as provided by
law. The forest lands herein set aside and re-

§ 47

TITLE 16—CONSERVATION

served shall be known as the ‘‘Yosemite National Park.’’
(Feb. 7, 1905, ch. 547, § 1, 33 Stat. 702; Mar. 4, 1907,
ch. 2907, 34 Stat. 1269.)
REFERENCES IN TEXT
Section 79 of this title, referred to in text, was in the
original a reference to act Feb. 15, 1901, ch. 372, 31 Stat.
790. For further details, see Codification note set out
under section 79 of this title.
CODIFICATION
‘‘Sierra National Forest’’ substituted in text for ‘‘Sierra Forest Reserve’’ on authority of act Mar. 4, 1907,
ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests.
ADDITIONS TO YOSEMITE NATIONAL PARK
The following provisions authorized the addition of
lands to Yosemite National Park:
Pub. L. 98–425, title I, § 105(a)(2), (d), Sept. 28, 1984, 98
Stat. 1626.

§ 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
section 46 of this title and the line next herein
described is excluded from said park and the
said portion so described added to and made a
part of the Sierra National Forest, to wit: Beginning at the point on the line between sections 35 and 36, township 4 south, range 21 east,
where same intersects the middle of the channel
of the South Fork of the Merced River; thence
north on section line to the southwest corner of
section 25; thence west on section lines to the
southwest corner of section 28; thence north on
section line to the northwest corner of section
28; thence west on section line to the quartersection corner between sections 20 and 29; thence
north through the middle of section 20 to the
center thereof; thence east through the middle
of section 20 to the quarter-section corner between sections 20 and 21; thence north on section
line to the quarter-section corner between sections 16 and 17; thence west through middle of
section 17 to the center thereof; thence north
through the middle of sections 17, 8, and 5 to the
quarter-section corner of north boundary of section 5 on township boundary, all in township 4
south, range 21 east; thence north through the
middle of section 32, township 3 south, range 21
east, to the center thereof; thence west through
the middle of section 32, said township, and section 36, township 3 south, range 20 east, to the
quarter-section corner between sections 35 and
36; thence north on section line to the quartersection corner between sections 25 and 26; thence
east through the middle of section 25 to the center thereof; thence north through the middle of
sections 25 and 24 to the center of section 24;
thence west through the middle of sections 24,
23, and 22 to the quarter-section corner between
sections 21 and 22, township 3 south, range 20
east, on the present western boundary of the Yosemite National Park. The above-indicated portion of land so made a part of the Sierra National Forest shall be subject to all of the Acts
of Congress with relation thereto. The Secretary
of the Interior may require the payment of such

Page 84

price as he may deem proper for privileges on
the land herein segregated from the Yosemite
National Park and made a part of the Sierra National Forest accorded under section 79 of this
title, relating to rights of way over certain
parks, reservations, and other lands, and other
sections concerning rights of way over public
lands. In the grant of any right-of-way for railway purposes across the lands placed under this
measure within the Sierra National Forest it
shall be stipulated that no logs or timber shall
be hauled over the same without the consent of
the Secretary of the Interior and under regulations to be promulgated by him.
(June 11, 1906, No. 27, § 1, 34 Stat. 831; Mar. 4,
1907, ch. 2907, 34 Stat. 1269.)
REFERENCES IN TEXT
Section 79 of this title, referred to in text, was in the
original a reference to act Feb. 15, 1901, ch. 372, 31 Stat.
790. For further details, see Codification note set out
under section 79 of this title.
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 section 46 of
this title’’ replace the words ‘‘present boundary line’’
hereinbefore quoted.
For the first paragraph of the Resolution of June 11,
1906, see section 48 of this title.
‘‘Sierra National Forest’’ substituted in text for ‘‘Sierra Forest Reserve’’ on authority of act Mar. 4, 1907,
ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests.

§ 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 ex-

Page 85

§ 47–2

TITLE 16—CONSERVATION

tend 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 section 3 of this
title.
(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.
(Pub. L. 85–922, §§ 1–6, Sept. 2, 1958, 72 Stat. 1772.)
REFERENCES IN TEXT
Week’s law, referred to in subsec. (c), is act Mar. 1,
1911, ch. 186, 36 Stat. 961, which is classified to sections
480, 500, 513 to 519, 521, 552 and 563 of this title. For complete classification of this Act to the Code, see Short
Title note set out under section 552 of this title and
Tables.
CODIFICATION
Subsecs. (a) to (f) are based on sections 1 to 6, respectively, of Pub. L. 85–922.
LAND EXCHANGE, EL PORTAL ADMINISTRATIVE SITE,
CALIFORNIA
Pub. L. 105–363, § 4, Nov. 6, 1998, 112 Stat. 3298, authorized transfer from the United States of land within the
El Portal Administrative Site to party conveying to

United States an adjacent property known as the
Yosemite View parcel, and provided for equalization of
values of Federal and non-Federal lands, applicability
of other laws to the exchange, boundary adjustment,
map, and additional terms and conditions.

§ 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 section 47–1
of this title, the Secretary of the Interior is authorized, notwithstanding any other provision of
law, to lease lands within the El Portal administrative site for periods of not to exceed ninetynine years to any individual, including an employee of the United States Government, to any
operator of concession facilities in the park, or
the administrative site, or its successor, or to
any public or private corporation or organization (including a nonprofit corporation) for purposes of providing employee housing, community facilities, administrative offices, maintenance facilities, and commercial services. Such
leases shall provide that if the lessee is a concessioner, corporation, or other organization (including a nonprofit corporation) such lessee may
sublease the property to its employees, employees of the United States Government, or other
individuals whose residence on the leased premises is solely in support of Yosemite National
Park or the El Portal administrative site for
terms not to exceed the remaining terms of such
leases, and they shall be subject to such terms
and conditions as the Secretary of the Interior
may require to assure appropriate administration, protection, and development of the land for
purposes incident to the provisions of facilities
and services required in the operation and administration of the park: Provided, That the Secretary of the Interior shall grant such leases in
consideration of payment to the United States
of the fair rental value of the leased lands, as determined by him.
(Pub. L. 90–409, § 1, July 21, 1968, 82 Stat. 393;
Pub. L. 99–542, § 1(1)–(3), Oct. 27, 1986, 100 Stat.
3037.)
CODIFICATION
Section formerly consisted of subsecs. (a) and (b)
which were based on sections 1 and 2, respectively, of
Pub. L. 90–409. Section 2 was renumbered section 3 of
Pub. L. 90–409 and is classified to section 47–4 of this
title. A new section 2 of Pub. L. 90–409 was added and
is classified to section 47–3 of this title.
AMENDMENTS
1986—Pub. L. 99–542 substituted ‘‘not to exceed ninety-nine years to any individual, including an employee
of the United States Government, to any operator of
concession facilities in the park, or the administrative
site, or its successor, or to any public or private corporation or organization (including a nonprofit corporation) for purposes of providing employee housing,
community facilities, administrative offices, maintenance facilities, and commercial services’’ for ‘‘fiftyfive years to any operator of concession facilities in the
park, or its successor, for purposes of providing employee housing’’, substituted ‘‘if the lessee is a concessioner, corporation, or other organization (including a
nonprofit corporation) such lessee may sublease the
property to its employees, employees of the United
States Government, or other individuals whose resi-

§ 47–3

TITLE 16—CONSERVATION

dence on the leased premises is solely in support of Yosemite National Park or the El Portal administrative
site’’ for ‘‘the concessioner may sublease the property
to its employees’’, struck out ‘‘an annual’’ before ‘‘payment’’ in proviso, and substituted a period for ‘‘at the
beginning of each calendar year’’ after ‘‘him’’.
LIMITATION ON NEW SPENDING AUTHORITY
Section 2 of Pub. L. 99–542 provided that: ‘‘Any new
spending authority (within the meaning of section 401
of the Congressional Budget and Impoundment Control
Act of 1974 [2 U.S.C. 651]) which is provided under this
Act [enacting sections 47–3 to 47–6 of this title and
amending section 47–2 of this title] shall be effective for
any fiscal year only to the extent or in such amounts
as provided in appropriation Acts or to the extent that
proceeds are available from any leases issued by the
Secretary pursuant to the first section of this Act
[probably means section 1 of Pub. L. 90–409, 16 U.S.C.
47–2].’’

§ 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 section 47–2 of this title
may be credited to the appropriation bearing
the cost of administering (directly or by contract) the leases and of constructing, improving,
and maintaining roads, utilities, buildings, and
other facilities within the El Portal administrative site. In the administration of the leases, the
Secretary may contract for the management of
the leases and of the leased premises, subject to
such terms and conditions, including the right
of the Secretary to purchase and sell the unexpired terms of leases and subleases, as will
protect the interests of the United States. The
Secretary may also contract for the use by him
of any improvements to leased property for purposes of the El Portal administrative site or for
purposes of Yosemite National Park, and he
may use the proceeds from any leases for the
purpose of making payments under any such
contract.
(b) The Secretary may at any time acquire the
unexpired term of any lease or sublease issued
or entered into pursuant to sections 47–2 to 47–6
of this title by purchase with funds available
from the proceeds of leases, or with donated or
appropriated funds, or by donation or exchange.
(Pub. L. 90–409, § 2, as added Pub. L. 99–542, § 1(4),
Oct. 27, 1986, 100 Stat. 3037.)
PRIOR PROVISIONS
A prior section 2 of Pub. L. 90–409, which was classified to section 47–2(b) of this title, was renumbered section 3 of Pub. L. 90–409 and is classified to section 47–4
of this title.

§ 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 sections 47–2 to 47–6
of this title.
(Pub. L. 90–409, § 3, formerly § 2, July 21, 1968, 82
Stat. 393; renumbered § 3, Pub. L. 99–542, § 1(4),
Oct. 27, 1986, 100 Stat. 3037.)
CODIFICATION
Section was classified to section 47–2(b) of this title
prior to renumbering by Pub. L. 99–542.

Page 86

§ 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.
(Pub. L. 90–409, § 4, as added Pub. L. 99–542, § 1(5),
Oct. 27, 1986, 100 Stat. 3038; amended Pub. L.
103–437, § 6(d)(6), Nov. 2, 1994, 108 Stat. 4583.)
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Natural Resources’’
for ‘‘Interior and Insular Affairs’’ after ‘‘Committee
on’’.

§ 47–6. Conflicts of interest prohibited
In carrying out the provisions of sections 47–2
to 47–6 of this title, the Secretary shall take
care that there be no opportunity for any personal influence by an employee of the Department of the Interior upon the availability of
housing for other such employees or employees
of persons in a contractual relationship with the
Department. In the selection of lessees and sublessees, the issuance of leases and subleases, the
establishment or 1 rental values, and the acquisition of any unexpired term of any lease or sublease, the Secretary shall act through an agent
or agents appointed by the Secretary from
among associations, corporations, or natural
persons having no material, financial, legal, or
equitable interest in the action proposed, other
than a reasonable fee for their services.
(Pub. L. 90–409, § 5, as added Pub. L. 99–542, § 1(5),
Oct. 27, 1986, 100 Stat. 3038.)
§ 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, 46 Stat. 265.)
§ 47b. Inapplicability of certain laws to lands acquired under section 47a
The provisions of the Federal Power Act [16
U.S.C. 791a et seq.] shall not apply to any lands
1 So

in original. Probably should be ‘‘of’’.

Page 87

§ 47f

TITLE 16—CONSERVATION

added to the Yosemite National Park under the
authority of section 47a of this title.
(May 9, 1930, ch. 234, § 2, 46 Stat. 265.)
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 section 791a of this title. The Federal
Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as
amended, and is classified generally to chapter 12
(§ 791a et seq.) of this title. For complete classification
of this Act to the Code, see section 791a of this title and
Tables.

§ 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, 45 Stat. 1486.)
§ 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, 45 Stat. 787.)
§ 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 section
3113 of title 40, on behalf of the United States
under any fund or moneys available for such
purpose, on July 9, 1937, except from the general
fund of the Treasury, any of the following-described lands in the State of California now in
private ownership, to wit: Section 25, lots 3, 4, 5,
8, and 9, section 34, northeast quarter, southeast
quarter of the northwest quarter, lots 1 to 10, inclusive, section 35, section 36, township 1 south,
range 19 east; southeast quarter northwest quarter, east half southwest quarter, southeast quarter, lots 2, 3, and 4, section 30, section 31, township 1 south, range 20 east; sections 1, 2, and 3,
east half section 10, sections 11 and 12, north
half section 14, northeast quarter section 15,
township 2 south, range 19 east; southeast quarter northwest quarter, east half southwest quarter, lots 3 to 7, inclusive, section 6, township 2
south, range 20 east, Mount Diablo meridian.
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 section 47f of this title shall be
construed to affect any valid existing rights.
(July 9, 1937, ch. 469, §§ 1, 2, 50 Stat. 485, 486.)
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and
Works.

§ 47f. Inapplicability of certain laws to lands acquired under section 47e
The provisions of the Federal Power Act, as
amended [16 U.S.C. 791a et seq.], shall not apply
to any of the lands added to the Yosemite National Park pursuant to the provisions of section 47e of this title.
(July 9, 1937, ch. 469, § 3, 50 Stat. 486.)
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 section 791a of
1 So

in original.

§ 48

TITLE 16—CONSERVATION

this title. The Federal Power Act is act June 10, 1920,
ch. 285, 41 Stat. 1063, as amended, and is classified generally to chapter 12 (§ 791a et seq.) of this title. For
complete classification of this Act to the Code, see section 791a of this title and Tables.

§ 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 sections 61, 471c and
471d of this title, as well as the limitations, conditions, and provisions of section 46 of this title,
and shall hereafter form a part of the Yosemite
National Park.
(June 30, 1864, ch. 184, §§ 1, 2, 13 Stat. 325; June 11,
1906, No. 27, § 1, 34 Stat. 831.)
§ 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 sections 46 and
47 of this title in the Sierra National Forest
shall have the privileges of the lieu-land scrip
provisions of the land laws, but otherwise to be
in all respects under the laws and regulations affecting the national forests. All laws, rules, and
regulations affecting national forests, including
the right to change the boundaries thereof by
Executive proclamation, shall take effect and be
in force within the limits of the territory excluded by sections 46 and 47 of this title from the
Yosemite National Park, except as otherwise
provided.
(Feb. 7, 1905, ch. 547, § 2, 33 Stat. 703; June 11,
1906, No. 27, § 2, 34 Stat. 832; Mar. 4, 1907, ch. 2907,
34 Stat. 1269.)
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, 34 Stat.
1269, which provided that forest reserves shall hereafter
be known as national forests.

Page 88

§ 50. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat.
1028
Section, Joint Res. June 11, 1906, No. 27, § 3, 34 Stat.
832, related to disposition of revenues from privileges.

§ 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 sections
55, 61, 471c and 471d of this title.
(Apr. 9, 1912, ch. 74, § 1, 37 Stat. 80; Apr. 16, 1914,
ch. 58, 38 Stat. 345.)
§ 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 section 51 of this title
shall become a part of the Yosemite National
Park.
(Apr. 9, 1912, ch. 74, § 2, 37 Stat. 80.)
§ 53. Cutting and removal of timber
All timber must be cut and removed from the
Yosemite National Park under regulations to be

Page 89

§ 59

TITLE 16—CONSERVATION

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, 37 Stat. 81.)
§ 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, 37 Stat. 81.)
§ 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, 26 Stat. 651; July 23,
1914, ch. 206, 38 Stat. 554; June 12, 1917, ch. 27, § 1,
40 Stat. 153.)

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
section 452 of this title, provides for the disposition of
all revenue of National Parks and did not directly affect this section. It may have been considered as superseding similar provisions of the act of Oct. 1, 1890, § 2.

§ 56. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat.
1028
Section, act July 1, 1916, ch. 209, § 1, 39 Stat. 308, related to donations of lands or rights-of-way. For general
provisions relating to donations of lands, etc., see section 6 of this title.

§ 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, 41 Stat. 731; Mar. 4, 1940,
ch. 40, § 2, 54 Stat. 43.)
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 80a of this title,
abolished the General Grant National Park and added
the lands to the Kings Canyon National Park as the
General Grant grove section.

§ 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, 41 Stat. 731.)
§ 59. Repealed. June 25, 1948, ch. 646, § 39, 62
Stat. 992, eff. Sept. 1, 1948
Section, acts June 2, 1920, ch. 218, § 4, 41 Stat. 731;
Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43, related to offenses

§ 60

TITLE 16—CONSERVATION

punishable by State laws. See section 13 of Title 18,
Crimes and Criminal Procedure.

§ 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, 41 Stat. 731.)
§ 61. Rules and regulations in parks
In addition to the powers and duties enumerated in section 3 of this title, not inconsistent
with this section, 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 the date of passage
of the respective Acts creating and establishing
said parks, natural curiosities or wonderful objects within said parks, 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 parks; and he shall make
rules and regulations governing the taking of
fish from the streams or lakes in the said parks
or either of them. He shall cause all persons
trespassing upon the same to be removed therefrom.
(Oct. 1, 1890, ch. 1263, § 2, 26 Stat. 651; June 2,
1920, ch. 218, § 5, 41 Stat. 732.)
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 section 3 of this title, not inconsistent with this section’’
was inserted to relate this section to section 3 of this
title, providing general powers for the Secretary of the
Interior.
The last sentence of this section is from section 2 of
act Oct. 1, 1890.

§ 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 sections 60 to 63 of this title.
(June 2, 1920, ch. 218, § 5, 41 Stat. 732.)
§ 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 sections 57,

Page 90

58, and 60 to 65 of this title, 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 said sections, 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 parks,
or either of them, 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 the
passage of the respective Acts creating and establishing said parks, natural curiosities, or
wonderful objects within said parks, or either of
them, or for the protection of the animals, birds,
or fish in the said parks, or either of them, or
who shall within said parks commit any damage, injury, 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 the passage of the respective Acts creating and establishing said
parks, natural curiosities, or other matter or
thing growing or being thereon, or situated
therein, shall be subject to the penalty provided
for the violation of rules and regulations of the
Secretary of the Interior authorized by section 3
of this title.
(June 2, 1920, ch. 218, § 5, 41 Stat. 732.)
§ 64. Sale or disposal of timber; destruction of
detrimental animal or plant life
Nothing in sections 57, 58, and 60 to 65 of this
title shall be construed as repealing or in any
way modifying the authority granted the Secretary of the Interior by said section 3 of this
title to sell or dispose of timber in national
parks in those cases where, in his judgment, the
cutting of such timber is required in order to
control the attacks of insects or diseases or
otherwise conserve the scenery of the natural or
historic objects in such parks and to provide for
the destruction of such animals and such palnt 1
life as may be detrimental to the use of any of
said parks, or the authority granted to said Secretary by sections 51 to 54 of this title.
(June 2, 1920, ch. 218, § 5, 41 Stat. 732.)
§ 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 sections 57, 58, and 60 to 65 of this
title, and upon conviction such forfeiture shall
be adjudicated as a penalty in addition to the
other punishment prescribed therein. Such forfeited property shall be disposed of and accounted for by and under the authority of the
Secretary of the Interior.
1 So

in original. Probably should be ‘‘plant’’.

Page 91

§ 79

TITLE 16—CONSERVATION

(June 2, 1920, ch. 218, § 6, 41 Stat. 733.)
§§ 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, 41 Stat.
733; Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43, related to appointment and jurisdiction of commissioners. See provisions covering United States magistrate judges in
section 631 et seq. of Title 28, Judiciary and Judicial
Procedure.
Section 67, act June 2, 1920, ch. 218, §§ 7, 8, 41 Stat. 733,
related to power of commissioners [now magistrate
judges] to make arrests.
Section 68, act June 2, 1920, ch. 218, §§ 7, 8, 41 Stat. 733,
related to appeal from conviction by commissioner
[now magistrate judge].
Section 69, act June 2, 1920, ch. 218, § 11, 41 Stat. 734,
related to residence of commissioners [now magistrate
judges].
Section 70, act June 2, 1920, ch. 218, § 9, 41 Stat. 734, related to arrests for certain offenses. See sections 3041
and 3141 of Title 18, Crimes and Criminal Procedure,
and rules 4, 5(c), and 9 of Federal Rules of Criminal Procedure, Title 18, Appendix.
Section 71, acts June 2, 1920, ch. 218, § 10, 41 Stat. 734;
Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43, related to service of
process. See rule 4 of Federal Rules of Criminal Procedure, Title 18, Appendix, and section 3053 of title 18.
Section 72, acts June 2, 1920, ch. 218, § 11, 41 Stat. 734;
Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43, related to commissioners’ salaries. See section 634 of Title 28, Judiciary
and Judicial Procedure.
Section 73, act June 2, 1920, ch. 218, § 11, 41 Stat. 734,
related to fees and costs.
Section 74, act June 2, 1920, ch. 218, § 13, 41 Stat. 734,
related to disposition of fines and costs.
Section 75, act June 2, 1920, ch. 218, § 12, 41 Stat. 734,
related to payment of fees, costs, and expenses chargeable to the United States.
Section 76, act June 2, 1920, ch. 218, § 2, 41 Stat. 731, related to inclusion of Yosemite National Park within judicial district. See section 84 of Title 28, Judiciary and
Judicial Procedure.
Section 77, acts June 2, 1920, ch. 218, § 3, 41 Stat. 731;
Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43, related to inclusion
of Sequoia National Park within a judicial district. See
section 84 of Title 28.

§ 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, 31 Stat. 618; Mar. 4, 1940,
ch. 40, § 2, 54 Stat. 43; July 26, 1947, ch. 343, title
II, § 205(a), 61 Stat. 501.)
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, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.

GENERAL GRANT NATIONAL PARK ABOLISHED
Act Mar. 4, 1940, set out as section 80a of this title,
abolished the General Grant National Park and added
the lands to the Kings Canyon National Park as the
General Grant grove section.

§ 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, 31 Stat. 790.)
REPEALS
Section repealed by Pub. L. 94–579, title VII,
§ 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on
and after Oct. 21, 1976, insofar as applicable to
the issuance of rights-of-way over, upon, under,
and through the public lands and lands in the
National Forest System.
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 sections 1 to 6 and 8 of Title 47, Telegraphs, Telephones,
and Radiotelegraphs, and was repealed by act July 16,
1947, ch. 256, § 1, 61 Stat. 327.

§ 79–1

TITLE 16—CONSERVATION
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 959 of Title 43, Public Lands, and insofar as it related to rights-of-way through national
forests was also set out as section 522 of this title which
was omitted from the Code.
Section was formerly classified to section 419 of this
title.
SAVINGS PROVISION
Repeal by Pub. L. 94–579, title VII, § 706(a), Oct. 21,
1976, 90 Stat. 2793, insofar as applicable to the issuance
of rights-of-way, not to be construed as terminating
any valid lease, permit, patent, etc., existing on Oct. 21,
1976, see note set out under section 1701 of Title 43, Public Lands.
GENERAL GRANT NATIONAL PARK ABOLISHED
Act Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43, which is classified to section 80a of this title, abolished the General
Grant National Park and added the lands to the Kings
Canyon National Park as the General Grant grove section.

§ 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.
(Pub. L. 100–563, § 6, Oct. 31, 1988, 102 Stat. 2830.)
SUBCHAPTER VII—REDWOOD NATIONAL
PARK
§ 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.
(Pub. L. 90–545, § 1, Oct. 2, 1968, 82 Stat. 931.)
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109–131, title III, § 301, Dec. 20, 2005, 119 Stat.
2569, provided that: ‘‘This title [amending section 79b of
this title] may be cited as the ‘Redwood National Park
Boundary Adjustment Act of 2005’.’’
THOMAS H. KUCHEL VISITOR CENTER
Pub. L. 105–277, div. A, § 101(e) [title I, § 146], Oct. 21,
1998, 112 Stat. 2681–231, 2681–267, provided that: ‘‘The
Redwood Information Center located at 119231 Highway
101 in Orick, California is hereby named the ‘Thomas H.
Kuchel Visitor Center’ and shall be referred to in any
law, document or record of the United States as the
‘Thomas H. Kuchel Visitor Center’.’’

§ 79b. Park area
(a) Boundaries; maps; maximum acreage
(1) The Redwood National Park consists of the
land generally depicted on the map entitled
‘‘Redwood National Park, Revised Boundary’’,
numbered 167/60502, and dated February, 2003.

Page 92

(2) The map referred to in paragraph (1) shall
be—
(A) on file and available for public inspection in the appropriate offices of the National
Park Service; and
(B) provided by the Secretary of the Interior
to the appropriate officers of Del Norte and
Humboldt Counties, California.
(3) The Secretary; 1 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
133,000 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 2 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 (90 Stat. 2743) [43 U.S.C. 1701 et seq.]. Acquisition of a parcel of land under the authority
of this subsection shall not as a result of such
acquisition diminish the right of owners of adjacent lands to the peaceful use and enjoyment of
their land and shall not confer authority upon
the Secretary to acquire additional lands except
as provided in this subsection.
(Pub. L. 90–545, § 2, Oct. 2, 1968, 82 Stat. 931; Pub.
L. 95–250, title I, § 101(a)(1), (2), Mar. 27, 1978, 92
Stat. 163; Pub. L. 103–437, § 6(d)(7), Nov. 2, 1994,
108 Stat. 4583; Pub. L. 109–131, title III, § 302, Dec.
20, 2005, 119 Stat. 2569.)
1 So
2 So

in original. The semicolon probably should not appear.
in original. Probably should be ‘‘patrolling’’.

Page 93

TITLE 16—CONSERVATION
REFERENCES IN TEXT

Act of October 21, 1976 (90 Stat. 2743), referred to in
subsec. (c), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743,
as amended, known as the Federal Land Policy and
Management Act of 1976, which is classified principally
to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands.
For complete classification of this Act to the Code, see
Short Title note set out under section 1701 of Title 43
and Tables.
AMENDMENTS
2005—Subsec. (a). Pub. L. 109–131 designated existing
provisions of first sentence as par. (1), in par. (1) substituted ‘‘The Redwood National Park consists of the
land generally depicted on the map entitled ‘Redwood
National Park, Revised Boundary’, numbered 167/60502,
and dated February, 2003.’’ for ‘‘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.’’, added par. (2), designated existing provisions of second sentence as par.
(3), and in par. (3) substituted ‘‘The Secretary;’’ for
‘‘The Secretary’’ and ‘‘133,000 acres’’ for ‘‘one hundred
and six thousand acres’’.
1994—Subsec. (c). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.
1978—Subsec. (a). Pub. L. 95–250, § 101(a)(1), (2), inserted ‘‘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,’’ after ‘‘and dated September 1968,’’
and substituted ‘‘one hundred and six thousand acres,
exclusive of submerged lands and publicly owned highways and roads’’ for ‘‘fifty-eight thousand acres, exclusive of submerged lands’’.
Subsec. (b). Pub. L. 95–250, § 101(a)(2), struck out ‘‘by
donation only’’ after ‘‘The Secretary is authorized to
acquire’’.
Subsec. (c). Pub. L. 95–250, § 101(a)(2), added subsec.
(c).

§ 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

§ 79c

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

§ 79c

TITLE 16—CONSERVATION

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 [16 U.S.C. 460l–7(b)]
subject to the appropriation limitation in section 79j of this title, upon certification to him
by the Secretary of the agreed negotiated value
of such property, or the valuation of the property awarded by judgment, including interest at
the rate of 6 per centum per annum from the
date of taking the property to the date of payment therefor; or (B) by the Secretary, if the
owner of the land concurs, with any federally
owned property available to him for purposes of
exchange pursuant to the provisions of section
79e of this title; or (C) by the Secretary using
any combination of such money or federally
owned property. Any action against the United
States with regard to the provisions of this subchapter and for the recovery of just compensation for the lands and interests therein taken by
the United States, and for the down tree personal property taken, shall be brought in the
United States district court for the district
where the land is located without regard to the
amount claimed. The United States may initiate
proceedings at any time seeking a determination of just compensation in the district court
in the manner provided by sections 1358 and 1403
of title 28 and may deposit in the registry of the
court the estimated just compensation, or a part
thereof, in accordance with the procedure generally described by section 3114(a)–(d) of title 40.
Interest shall not be allowed on such amounts as
shall have been paid into the court. In the event
that the Secretary determines that the fee simple title to any property (real or personal) taken
under this section is not necessary for the purposes of this subchapter, he may, with particular attention to minimizing the payment of severance damages and to allow for the orderly removal of down timber, revest title to such property subject to such reservations, terms, and
conditions, if any, as he deems appropriate to
carry out the purposes of this subchapter, and
may compensate the former owner for no more
than the fair market value of the rights so reserved, except that the Secretary may not
revest title to any property for which just compensation has been paid; or, the Secretary may
sell at fair market value without regard to the
requirements of chapters 1 to 11 of title 40 and
division C (except sections 3302, 3307(e), 3501(b),
3509, 3906, 4710, and 4711) of subtitle I of title 41
such down timber as in his judgment may be removed without damage to the park, the proceeds
from such sales being credited to the Treasury
of the United States. If the State of California
designates a right-of-way for a bypass highway
around the eastern boundary of Prairie Creek
Redwood State Park prior to October 1, 1984, the
Secretary is authorized and directed to acquire

Page 94

such lands or interests in lands as may be necessary for such a highway and, subject to such
conditions as the Secretary may determine are
necessary to assure the adequate protection of
Redwood National Park, shall thereupon donate
the designated right-of-way to the State of California for a new bypass highway from a point
south of Prairie Creek Redwood State Park
through the drainage of May Creek and Boyes
Creek to extend along the eastern boundary of
Prairie Creek Redwood State Park within Humboldt County. Such acreage as may be necessary
in the judgment of the Secretary for this conveyance, and for a buffer thereof, shall be
deemed to be a publicly owned highway for purposes of section 79b(a) of this title effective on
March 27, 1978.
(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 chapters 1 to 11 of title 40 and
division C (except sections 3302, 3307(e), 3501(b),
3509, 3906, 4710, and 4711) of subtitle I of title 41.
The cost of any land so acquired and disposed of
shall not be charged against the limitation on
authorized appropriations contained in section
79j of this title.
(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.

Page 95

§ 79c

TITLE 16—CONSERVATION

(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 section 79j of this title
or as may be hereafter provided such sums as
may be necessary for the acquisition of interests
in land. Effective on October 1, 1978, there are
authorized to be appropriated such sums as may
be necessary for the implementation of contracts and cooperative agreements pursuant to
this subsection: Provided, That it is the express
intent of Congress that the Secretary shall to
the greatest degree possible insure that such
contracts and cooperative agreements provide
for the maximum retention of senior employees
by such owners and for their utilization in rehabilitation and other efforts. The Secretary, in
consultation with the Secretary of Agriculture,
is further authorized, pursuant to contract or
cooperative agreement 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, to initiate, provide funds,
equipment, and personnel for the development
and implementation of a program for the rehabilitation of areas within and upstream from the
park contributing significant sedimentation because of past logging disturbances and road conditions, and, to the extent feasible, to reduce
risk of damage to streamside areas adjacent to
Redwood Creek and for other reasons: Provided
further, That authority to make payments under
this subsection shall be effective only to such
extent or in such amounts as are provided in advance in appropriation Acts. Such contracts or
cooperative agreements shall be subject to such
other conditions as the Secretary may deter-

mine necessary to assure the adequate protection of Redwood National Park generally, and 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. The Secretary shall undertake and publish studies on
erosion and sedimentation originating within
the hydrographic basin of Redwood Creek with
particular effort to identify sources and causes,
including differentiation between natural and
man-aggravated conditions, and shall adapt his
general management plan to benefit from the results of such studies. The Secretary, or the Secretary of Agriculture, where appropriate, shall
also manage any additional Federal lands under
his jurisdiction that are within the hydrographic basin of Redwood Creek in a manner
which will minimize sedimentation which could
affect the park, and in coordination with plans
for sediment management within the basin. To
effectuate the provisions of this subsection, and
to further develop scientific and professional information and data concerning the Redwood
Forest ecosystem, and the various factors that
may affect it, the Secretary may authorize access to the area subject to this subsection by
designated representatives of the United States.
(Pub. L. 90–545, § 3, Oct. 2, 1968, 82 Stat. 931; Pub.
L. 95–250, title I, § 101(a)(3)–(6), Mar. 27, 1978, 92
Stat. 163–165.)
REFERENCES IN TEXT
Section 79b(a) of this title, referred to in subsec.
(b)(2), was in the original ‘‘section 101(a)(2) of this
amendment’’, meaning section 101(a)(2) of Pub. L.
95–250, which amended section 79b(a) of this title.
CODIFICATION
‘‘Section 3114(a)–(d) of title 40’’ substituted in subsec.
(b)(2) for ‘‘section 258a of title 40, United States Code’’
on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116
Stat. 1303, the first section of which enacted Title 40,
Public Buildings, Property, and Works.
In subsec. (b)(2), ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906,
4710, and 4711) of subtitle I of title 41’’ substituted for
‘‘the Federal Property and Administrative Services Act
of 1949, as amended,’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted
Title 40, Public Buildings, Property, and Works, and
Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which
Act enacted Title 41, Public Contracts.
In subsec. (c), ‘‘chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41’’ substituted for ‘‘the
Federal Property and Administrative Services Act of
1949 (63 Stat. 377), as amended (40 U.S.C. 471 et seq.)’’ on
authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116
Stat. 1303, which Act enacted Title 40, Public Buildings,
Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4,
2011, 124 Stat. 3854, which Act enacted Title 41, Public
Contracts.
AMENDMENTS
1978—Subsec. (a). Pub. L. 95–250, § 101(a)(3), inserted
provisions authorizing the Secretary to accept donations of lands owned by the State of California subject
to such preexisting reverters and other conditions as
may appear in the title to those lands and such other
reverters and conditions as may be consistent with the
use and management of the donated lands as a portion
of the Redwood National Park and further authorizing
the Secretary to expend appropriated funds for permanent improvements on the donated lands in a manner

§ 79c–1

TITLE 16—CONSERVATION

not inconsistent with the reverters and other conditions.
Subsec. (b)(1). Pub. L. 95–250, § 101(a)(4), expanded existing provisions, effective Mar. 27, 1978, by inserting
references to the vesting in the United States of all
right, title, and interest in, and right to immediate
possession of, all real property, and to immediate possession of 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, and
inserted two unlettered paragraphs relating, respectively, to the removal of down tree personal property
and to the continued access and use of acquired roads.
Subsec. (b)(2). Pub. L. 95–250, § 101(a)(5), struck out
provision for the bringing of actions in the Court of
Claims, as provided in section 1491 of title 28, against
the United States for the recovery of just compensation
for the land and interests therein taken by the United
States and inserted provisions directing that such actions, as well as actions for down tree personal property taken, be brought in the United States district
court for the district where the land is located without
regard to the amount claimed, authorizing the United
States to initiate proceedings to determine just compensation and to deposit the estimated just compensation in the registry of the court, making provision for
the revestment of title in cases where the Secretary determines that fee simple title is not necessary, and
otherwise relating to the right-of-way for a new bypass
highway.
Subsec. (e). Pub. L. 95–250, § 101(a)(6), substituted
‘‘until after he has notified the President of the Senate’’ for ‘‘until sixty days after he has notified the
President of the Senate’’ in existing provisions and inserted provisions relating to the availability of funds
for the acquisition of interests in land, the implementation of contracts and cooperative agreements pursuant to this subsection, and rehabilitative activities
generally designed to minimize erosion and sedimentation in ways designed to assure adequate protection for
Redwood National Park, contribute to the economic revival of Del Norte and Humboldt Counties in northern
California, and provide employment opportunities to
individuals affected by taking of land and interests in
land.

§ 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 section
79c(b)(1) of this title, shall be effective on March
27, 1978. The provisions of section 79c(b)(3) of
this title shall also relate to the effective date
of this section. From the appropriations authorized for fiscal year 1978 and succeeding fiscal
years such sums as may be necessary may be expended for the acquisition of lands and interests
in lands, and down tree personal property, authorized to be acquired, or acquired, pursuant to
the provisions of this Act.
(Pub. L. 95–250, title I, § 101(c), Mar. 27, 1978, 92
Stat. 166.)
REFERENCES IN TEXT
Section 79c(b)(1) of this title, referred to in text, was
in the original ‘‘subsection (a)(4) of the first section of

Page 96

this Act’’, meaning section 101(a)(4) of Pub. L. 95–250,
which amended section 79c(b)(1) of this title.
This Act, referred to in text, means Pub. L. 95–250,
Mar. 27, 1978, 92 Stat. 163, as amended, which, insofar as
classified to the Code, enacted sections 79c–1 and 79k to
79q of this title, amended sections 1a–1, 79b, and 79c of
this title, and enacted provisions set out as a note
under section 79k of this title. For complete classification of this Act to the Code, see Tables.
The effective date of this section, referred to in text,
probably means the date of enactment of section 101 of
Pub. L. 95–250, which was approved Mar. 27, 1978.
CODIFICATION
Section was not enacted as part of Pub. L. 90–545, Oct.
2, 1968, 82 Stat. 931, which comprises this subchapter.

§ 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

Page 97

§ 79k

TITLE 16—CONSERVATION

manner or for purposes inconsistent with the national park.
(Pub. L. 90–545, § 4, Oct. 2, 1968, 82 Stat. 933.)
§ 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 section 79c(b) of this title. The values of the
properties so exchanged either shall be approximately equal or, if they are not approximately
equal, the value shall be equalized by the payment of cash to the grantor or to the Secretary
as the circumstances require. Through the exercise of his exchange authority, the Secretary
shall, to the extent possible, minimize economic
dislocation and the disruption of the grantor’s
commercial operations.
(Pub. L. 90–545, § 5, Oct. 2, 1968, 82 Stat. 933.)
§ 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 sections 79b and 79c of this
title may, with the concurrence of the head 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.
(Pub. L. 90–545, § 6, Oct. 2, 1968, 82 Stat. 934.)
§ 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 section 3171 of title 40, and the Secretary and the
owner of land to be acquired under this subchapter may agree that the purchase price will
be paid in periodic installments over a period

that does not exceed ten years, with interest on
the unpaid balance thereof at a rate which is not
in excess of the current average market yield on
outstanding marketable obligations of the
United States with remaining periods to maturity comparable to the average maturities on
the installments.
(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 section 79c of this title
shall be paid in accordance with the provisions
of section 1304 of title 31, and section 2414 of title
28. Final partial judgments and compromise settlements are payable only after certification by
the Attorney General to the Comptroller General that it is in the interest of the United
States to do so.
(Pub. L. 90–545, § 7, Oct. 2, 1968, 82 Stat. 934; Pub.
L. 99–151, title II, § 203, Nov. 13, 1985, 99 Stat. 807.)
CODIFICATION
‘‘Section 3171 of title 40’’ substituted in subsec. (a) for
‘‘section 34 of the Act of May 30, 1908 (35 Stat. 545; 40
U.S.C. 261)’’ on authority of Pub. L. 107–217, § 5(c), Aug.
21, 2002, 116 Stat. 1303, the first section of which enacted
Title 40, Public Buildings, Property, and Works.
AMENDMENTS
1985—Subsec. (b). Pub. L. 99–151, in amending subsec.
(b) generally, inserted provisions relating to final partial judgments and compromise settlements, substituted reference to actions under section 79c of this
title for reference to condemnation actions, and deleted
reference to section 2517 of title 28.

§ 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.
(Pub. L. 90–545, § 8, Oct. 2, 1968, 82 Stat. 934.)
§ 79i. Administration
The Secretary shall administer the Redwood
National Park in accordance with the provisions
of sections 1, 2, 3, and 4 of this title, as amended
and supplemented.
(Pub. L. 90–545, § 9, Oct. 2, 1968, 82 Stat. 934.)
§ 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.
(Pub. L. 90–545, § 10, Oct. 2, 1968, 82 Stat. 934.)
§ 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

§ 79l

TITLE 16—CONSERVATION

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 sections
79b and 79c of this title. The Secretaries shall
also consider the benefits of making grants or
entering into contracts or cooperative agreements with the State of California or Del Norte
and Humboldt Counties as provided by subsection (b) of this section for the purpose of development and implementation of a program of
forest resource improvement and utilization, including, but not limited to, reforestation, erosion control, and other forest land conservation
measures, fisheries and fish and wildlife habitat
improvements, and wood energy facilities. Not
later than January 1, 1979, the Secretary shall
submit to the Speaker of the House of Representatives and the President of the Senate a
report of his analysis, including his recommendations with respect to actions that should
be taken to mitigate any significant short-term
and long-term adverse effects on the local economy caused by such addition.
(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.
(Pub. L. 95–250, title I, § 102(a), (b), Mar. 27, 1978,
92 Stat. 166, 167.)
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 95–250,
Mar. 27, 1978, 92 Stat. 163, as amended, which, insofar as
classified to the Code, enacted sections 79c–1, 79k to 79q
of this title, amended sections 1a–1, 79b, and 79c of this

Page 98

title, and enacted provisions set out as a note under
section 79k of this title. For complete classification of
this Act to the Code, see Tables.
Sections 79b and 79c of this title, referred to in subsec. (a), was in the original ‘‘the first section of this
Act’’, meaning section 101 of Pub. L. 95–250. Provisions
of section 101 relating to the addition of property to
Redwood National Park are classified to sections 79b
and 79c of this title.
CODIFICATION
Section was not enacted as part of Pub. L. 90–545, Oct.
2, 1968, 82 Stat. 931, which comprises this subchapter.
STUDY OF TIMBER HARVEST SCHEDULING ALTERNATIVES
FOR SIX RIVERS NATIONAL FOREST; SCOPE; REPORT
TO CONGRESS
Section 102(c) of Pub. L. 95–250 directed Secretary of
Agriculture, within one year after Mar. 27, 1978, to prepare and transmit to Congress a study of timber harvest scheduling alternatives for Six Rivers National
Forest, which alternatives were to exclude timber inventories standing on units of Wilderness Preservation
System at time of study and were to be consistent with
laws applicable to management of national forests.
REFERENCE TO SECRETARY AS REFERENCE TO SECRETARY OF DEPARTMENT OF THE INTERIOR; EXCEPTION

Section 109 of Pub. L. 95–250 provided that: ‘‘Unless
otherwise indicated hereinbefore, a reference to the
Secretary will refer to the Secretary of the Department
of the Interior, except in subsections 103(d) through
103(i) [section 79l(d) to (i) of this title], where a reference to the Secretary will refer to the Secretary of
the Department of Labor.’’

§ 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
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.
(b) Appointment and compensation of personnel
for administration of expanded Park; 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.
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

Page 99

TITLE 16—CONSERVATION

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

§ 79l

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—
1 So

in original. Probably should be ‘‘filling’’.

§ 79l

TITLE 16—CONSERVATION

(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 section 2395
of title 19, except that such review shall be in
the appropriate court of appeals of the United
States, and the judgment of such court shall be

Page 100

subject to review by the Supreme Court of the
United States upon certiorari or certification as
provided in section 1254 of title 28.
(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 section 5332 of
title 5.
(Pub. L. 95–250, title I, § 103, Mar. 27, 1978, 92
Stat. 167; Pub. L. 96–417, title VI, § 602, Oct. 10,
1980, 94 Stat. 1744; Pub. L. 105–277, div. A, § 101(f)
[title VIII, § 405(b)], Oct. 21, 1998, 112 Stat.
2681–337, 2681–417.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a), (b), (g)(3)(B), and
(h), means Pub. L. 95–250, Mar. 27, 1978, 92 Stat. 163, as
amended, which, insofar as classified to the Code, enacted sections 79c–1, 79k to 79q of this title, amended
sections 1a–1, 79b, and 79c of this title, and enacted provisions set out as a note under section 79k of this title.
For complete classification of this Act to the Code, see
Tables.
CODIFICATION
Section was not enacted as part of Pub. L. 90–545, Oct.
2, 1968, 82 Stat. 931, which comprises this subchapter.
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–277, § 101(f) [title VIII,
§ 405(b)(1)], struck out at end ‘‘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.’’
Subsec. (b). Pub. L. 105–277, § 101(f) [title VIII,
§ 405(b)(2)], struck out after first sentence ‘‘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.’’
1980—Subsec. (h). Pub. L. 96–417 substituted provision
for judicial review under section 2395 of title 19 for review under section 2322 of title 19 and provided for review in the appropriate court of appeals of the United
States and for review of the judgment of the court of
appeals by the Supreme Court of the United States
upon certiorari or certification as provided in section
1254 of title 28.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–417 effective Nov. 1, 1980,
and applicable with respect to civil actions pending on
or commenced on or after such date, see section 701(a)
of Pub. L. 96–417, set out as a note under section 251 of
Title 28, Judiciary and Judicial Procedure.
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,

Page 101

§ 79p

TITLE 16—CONSERVATION

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 Pub. L.
95–250, set out as a note under section 79k of this title.

§ 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 section 79b of this title; the status
of the actions taken regarding land management
practices and watershed rehabilitation efforts
authorized by section 79c(e) and section 79k(b) of
this title; the status of the efforts to mitigate
adverse economic impacts as directed by this
Act; this 1 status of National Park Service employment requirements as authorized by section
79l of this title; the status of the new bypass
highway and of the agreement for the donation
of the State park lands as contemplated by section 79c(b)(2) of this title; and, the status of the
National Park Service general management plan
for the park.
(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.

ment’’, meaning section 101(a)(6) of Pub. L. 95–250,
which amended section 79c(e) of this title.
Section 79k(b) of this title, referred to in subsec. (a),
was in the original ‘‘section 102(b) of this amendment’’,
meaning section 102(b) of Pub. L. 95–250, which enacted
section 79k(b) of this title.
This Act, referred to in subsec. (a), means Pub. L.
95–250, Mar. 27, 1978, 92 Stat. 163, as amended, which, insofar as classified to the Code, enacted sections 79c–1,
79k to 79q of this title, amended sections 1a–1, 79b, and
79c of this title, and enacted provisions set out as a
note under section 79k of this title. For complete classification of this Act to the Code, see Tables.
Section 79l of this title, referred to in subsec. (a), was
in the original ‘‘section 102 of this amendment’’, meaning section 103 of Pub. L. 95–250, which enacted section
79l of this title.
Section 79c(b)(2) of this title, referred to in subsec.
(a), was in the original ‘‘section 101(a)(5) of this amendment’’, meaning section 101(a)(5) of Pub. L. 95–250,
which amended section 79c(b)(2) of this title.
CODIFICATION
Section was not enacted as part of Pub. L. 90–545, Oct.
2, 1968, 82 Stat. 931, which comprises this subchapter.
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.
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 Pub. L. 95–250, set out as a note under
section 79k of this title.

§ 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.
(Pub. L. 95–250, title I, § 105, Mar. 27, 1978, 92
Stat. 171.)
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 95–250,
Mar. 27, 1978, 92 Stat. 163, as amended, which, insofar as
classified to the Code, enacted sections 79c–1, 79k to 79q
of this title, amended sections 1a–1, 79b, and 79c of this
title, and enacted provisions set out as a note under
section 79k of this title. For complete classification of
this Act to the Code, see Tables.
CODIFICATION

(Pub. L. 95–250, title I, § 104, Mar. 27, 1978, 92
Stat. 170.)

Section was not enacted as part of Pub. L. 90–545, Oct.
2, 1968, 82 Stat. 931, which comprises this subchapter.

REFERENCES IN TEXT

§ 79o. Repealed. Pub. L. 97–258, § 5(b), Sept. 13,
1982, 96 Stat. 1068

Section 79c(b)(1) of this title, referred to in subsec.
(a), was in the original ‘‘section 101(a)(4) . . . of this
amendment’’, meaning section 101(a)(4) of Pub. L.
95–250, which amended section 79c(b)(1) of this title.
Section 79b of this title, referred to in subsec. (a), was
in the original ‘‘section 101(a)(2) of this amendment’’,
meaning section 101(a)(2) of Pub. L. 95–250, which
amended subsecs. (a) and (b), and added subsec. (c), of
section 79b of this title.
Section 79c(e) of this title, referred to in subsec. (a),
was in the original ‘‘section 101(a)(6) . . . of this amend1 So

in original. Probably should be ‘‘the’’.

Section, Pub. L. 95–250, title I, § 106, Mar. 27, 1978, 92
Stat. 171, related to payments to local government
units for entitlement lands within the Redwood National Park. See section 6905 of Title 31, Money and Finance.

§ 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

§ 79q

TITLE 16—CONSERVATION

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.
(Pub. L. 95–250, title I, § 107, Mar. 27, 1978, 92
Stat. 171.)
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 95–250,
Mar. 27, 1978, 92 Stat. 163, as amended, which, insofar as
classified to the Code, enacted sections 79c–1, 79k to 79q
of this title, amended sections 1a–1, 79b, and 79c of this
title, and enacted provisions set out as a note under
section 79k of this title. For complete classification of
this Act to the Code, see Tables.
CODIFICATION
Section was not enacted as part of Pub. L. 90–545, Oct.
2, 1968, 82 Stat. 931, which comprises this subchapter.
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 Pub. L. 95–250, set out as a note under
section 79k of this title.

§ 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.
(Pub. L. 95–250, title I, § 108, Mar. 27, 1978, 92
Stat. 172.)
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 95–250,
Mar. 27, 1978, 92 Stat. 163, as amended, which, insofar as
classified to the Code, enacted sections 79c–1, 79k to 79q
of this title, amended sections 1a–1, 79b, and 79c of this
title, and enacted provisions set out as a note under
section 79k of this title. For complete classification of
this Act to the Code, see Tables.
CODIFICATION
Section was not enacted as part of Pub. L. 90–545, Oct.
2, 1968, 82 Stat. 931, which comprises this subchapter.

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

Page 102

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

Page 103

TITLE 16—CONSERVATION

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

§ 80

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

§ 80a

TITLE 16—CONSERVATION

of the lands and for other purposes as may be
prescribed by the Secretary of the Interior.
(Mar. 4, 1940, ch. 40, § 1, 54 Stat. 41.)
ADDITIONS TO KINGS CANYON NATIONAL PARK
The following provision authorized the addition of
lands to Kings Canyon National Park: Pub. L. 98–425,
title I, § 105(a)(1), Sept. 28, 1984, 98 Stat. 1626.

§ 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, 54 Stat. 43.)

Page 104

Kings Canyon National Park, in Fresno County, California, and which was dedicated by the Federal Government in 1926 as the Nation’s Christmas Tree, is hereby
declared to be a national shrine in memory of the men
and women of the Armed Forces who have served and
fought and died to keep this Nation free and to preserve
the spiritual, human, and civil rights which are the essence of our American heritage. The Secretary of the
Interior, through the National Park Service, shall
make appropriate provision for the perpetual care and
maintenance of such shrine.
‘‘SEC. 2. Nothing in this Act shall be deemed to
change the name of the General Grant tree.’’
ADJUSTMENT OF BOUNDARIES AND RIGHTS
Act June 5, 1942, ch. 333, §§ 1, 2, 56 Stat. 310, authorized
the Secretary of the Interior to adjust the boundaries
of privately owned lands in the General Grant grove
section of Kings Canyon National Park in accordance
with a survey made by the county surveyor of Tulare
County, California; to amend existing patents or relinquish or grant parcels of land therein according to said
survey; and to pay from departmental appropriations
expenses of surveys and investigations necessary to
carry out provisions of this act.

§ 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.
(Pub. L. 85–666, § 1, Aug. 14, 1958, 72 Stat. 616.)
CODIFICATION
Section was not enacted as part of act Mar. 4, 1940,
ch. 40, 54 Stat. 41, which comprises this subchapter.

§ 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.
(Pub. L. 85–666, § 2, Aug. 14, 1958, 72 Stat. 617.)

NATION’S CHRISTMAS TREE

CODIFICATION

Joint Res. Mar. 29, 1956, ch. 98, 70 Stat. 57, provided:
‘‘That the General Grant tree, which is located in the

Section was not enacted as part of act Mar. 4, 1940,
ch. 40, 54 Stat. 41, which comprises this subchapter.

Page 105

§ 81

TITLE 16—CONSERVATION

§ 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.
(Pub. L. 89–111, Aug. 6, 1965, 79 Stat. 446.)

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 sections 1, 2, 3, and
4 of this title, as amended.
(Mar. 4, 1940, ch. 40, § 5, 54 Stat. 44.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 60 Stat. 377.)
CODIFICATION

CODIFICATION
Section was not enacted as part of act Mar. 4, 1940,
ch. 40, 54 Stat. 41, which comprises this subchapter.

Section was not enacted as part of act Mar. 4, 1940,
ch. 40, 54 Stat. 41, which comprises this subchapter.
TRANSFER OF FUNCTIONS

§ 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, 54 Stat. 44.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 54 Stat. 44; Aug. 17, 1950,
ch. 730, 64 Stat. 458.)

For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§§ 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, 60 Stat. 119,
related to appointment and jurisdiction of commissioner. See provisions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure.
Section 80f, act Apr. 23, 1946, ch. 202, § 2, 60 Stat. 119,
related to arrests for violations of rules and petty offenses.
Section 80g, act Apr. 23, 1946, ch. 202, § 3, 60 Stat. 120,
related to arrests for criminal offenses, and is now covered by section 3041 of Title 18, Crimes and Criminal
Procedure, and rules 4, 5(c), and 9 of Federal Rules of
Criminal Procedure, Title 18, Appendix.
Section 80h, act Apr. 23, 1946, ch. 202, § 4, 60 Stat. 120,
related to payment and disposition of fees, costs, and
expenses.

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

§ 81

TITLE 16—CONSERVATION

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, 46 Stat. 855; June 5, 1936,
ch. 525, § 2, 49 Stat. 1483.)
CODIFICATION
Section was formerly classified to section 443 of this
title.
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 [section 81b of this title],
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.’’
JAMESTOWN 400TH COMMEMORATION COMMISSION
Pub. L. 106–565, Dec. 23, 2000, 114 Stat. 2812, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Jamestown 400th Commemoration Commission Act of 2000’.
‘‘SEC. 2. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) the founding of the colony at Jamestown, Virginia in 1607, the first permanent English colony in
the New World, and the capital of Virginia for 92
years, has major significance in the history of the
United States;
‘‘(2) the settlement brought people from throughout
the Atlantic Basin together to form a multicultural
society, including English, other Europeans, Native
Americans, and Africans;
‘‘(3) the economic, political, religious, and social institutions that developed during the first 9 decades of
the existence of Jamestown continue to have profound effects on the United States, particularly in
English common law and language, cross cultural relationships, and economic structure and status;
‘‘(4) the National Park Service, the Association for
the Preservation of Virginia Antiquities, and the
Jamestown-Yorktown Foundation of the Commonwealth of Virginia collectively own and operate significant resources related to the early history of
Jamestown; and
‘‘(5) in 1996—
‘‘(A) the Commonwealth of Virginia designated
the Jamestown-Yorktown Foundation as the State
agency responsible for planning and implementing
the Commonwealth’s portion of the commemoration of the 400th anniversary of the founding of the
Jamestown settlement;
‘‘(B) the Foundation created the Celebration 2007
Steering Committee, known as the Jamestown 2007
Steering Committee; and
‘‘(C) planning for the commemoration began.
‘‘(b) PURPOSE.—The purpose of this Act is to establish
the Jamestown 400th Commemoration Commission to—
‘‘(1) ensure a suitable national observance of the
Jamestown 2007 anniversary by complementing the
programs and activities of the State of Virginia;
‘‘(2) cooperate with and assist the programs and activities of the State in observance of the Jamestown
2007 anniversary;
‘‘(3) assist in ensuring that Jamestown 2007 observances provide an excellent visitor experience and beneficial interaction between visitors and the natural
and cultural resources of the Jamestown sites;
‘‘(4) assist in ensuring that the Jamestown 2007 observances are inclusive and appropriately recognize

Page 106

the experiences of all people present in 17th century
Jamestown;
‘‘(5) provide assistance to the development of
Jamestown-related programs and activities;
‘‘(6) facilitate international involvement in the
Jamestown 2007 observances;
‘‘(7) support and facilitate marketing efforts for a
commemorative coin, stamp, and related activities
for the Jamestown 2007 observances; and
‘‘(8) assist in the appropriate development of heritage tourism and economic benefits to the United
States.
‘‘SEC. 3. DEFINITIONS.
‘‘In this Act:
‘‘(1) COMMEMORATION.—The term ‘commemoration’
means the commemoration of the 400th anniversary
of the founding of the Jamestown settlement.
‘‘(2) COMMISSION.—The term ‘Commission’ means
the Jamestown 400th Commemoration Commission
established by section 4(a).
‘‘(3) GOVERNOR.—The term ‘Governor’ means the
Governor of the State.
‘‘(4) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘(5) STATE.—
‘‘(A) IN GENERAL.—The term ‘State’ means the
State of Virginia.
‘‘(B) INCLUSIONS.—The term ‘State’ includes agencies and entities of the State.
‘‘SEC. 4. JAMESTOWN 400TH COMMEMORATION
COMMISSION.
‘‘(a) IN GENERAL.—There is established a commission
to be known as the ‘Jamestown 400th Commemoration
Commission’.
‘‘(b) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The Commission shall be composed of 16 members, of whom—
‘‘(A) four members shall be appointed by the Secretary, taking into consideration the recommendations of the Chairperson of the Jamestown 2007
Steering Committee;
‘‘(B) four members shall be appointed by the Secretary, taking into consideration the recommendations of the Governor;
‘‘(C) two members shall be employees of the National Park Service, of which—
‘‘(i) one shall be the Director of the National
Park Service (or a designee); and
‘‘(ii) one shall be an employee of the National
Park Service having experience relevant to the
commemoration, to be appointed by the Secretary; and
‘‘(D) five members shall be individuals that have
an interest in, support for, and expertise appropriate to, the commemoration, to be appointed by
the Secretary.
‘‘(2) TERM; VACANCIES.—
‘‘(A) TERM.—A member of the Commission shall
be appointed for the life of the Commission.
‘‘(B) VACANCIES.—
‘‘(i) IN GENERAL.—A vacancy on the Commission
shall be filled in the same manner in which the
original appointment was made.
‘‘(ii) PARTIAL TERM.—A member appointed to
fill a vacancy on the Commission shall serve for
the remainder of the term for which the predecessor of the member was appointed.
‘‘(3) MEETINGS.—
‘‘(A) IN GENERAL.—The Commission shall meet—
‘‘(i) at least twice each year; or
‘‘(ii) at the call of the Chairperson or the majority of the members of the Commission.
‘‘(B) INITIAL MEETING.—Not later than 30 days
after the date on which all members of the Commission have been appointed, the Commission shall
hold the initial meeting of the Commission.
‘‘(4) VOTING.—
‘‘(A) IN GENERAL.—The Commission shall act only
on an affirmative vote of a majority of the members of the Commission.

Page 107

TITLE 16—CONSERVATION

‘‘(B) QUORUM.—A majority of the Commission
shall constitute a quorum.
‘‘(5) CHAIRPERSON.—The Secretary shall appoint a
Chairperson of the Commission, taking into consideration any recommendations of the Governor.
‘‘(c) DUTIES.—
‘‘(1) IN GENERAL.—The Commission shall—
‘‘(A) plan, develop, and execute programs and activities appropriate to commemorate the 400th anniversary of the founding of Jamestown;
‘‘(B) generally facilitate Jamestown-related activities throughout the United States;
‘‘(C) encourage civic, patriotic, historical, educational, religious, economic, and other organizations throughout the United States to organize and
participate in anniversary activities to expand the
understanding and appreciation of the significance
of the founding and early history of Jamestown;
‘‘(D) coordinate and facilitate for the public
scholarly research on, publication about, and interpretation of, Jamestown; and
‘‘(E) ensure that the 400th anniversary of Jamestown provides a lasting legacy and long-term public
benefit by assisting in the development of appropriate programs and facilities.
‘‘(2) PLANS; REPORTS.—
‘‘(A) STRATEGIC PLAN; ANNUAL PERFORMANCE
PLANS.—In accordance with the Government Performance and Results Act of 1993 (Public Law
103–62; 107 Stat. 285) [see Short Title of 1993 Amendment note set out under section 1101 of Title 31,
Money and Finance], the Commission shall prepare
a strategic plan and annual performance plans for
the activities of the Commission carried out under
this Act.
‘‘(B) FINAL REPORT.—Not later than September 30,
2008, the Commission shall complete a final report
that contains—
‘‘(i) a summary of the activities of the Commission;
‘‘(ii) a final accounting of funds received and expended by the Commission; and
‘‘(iii) the findings and recommendations of the
Commission.
‘‘(d) POWERS OF THE COMMISSION.—The Commission
may—
‘‘(1) accept donations and make dispersions of
money, personal services, and real and personal property related to Jamestown and of the significance of
Jamestown in the history of the United States;
‘‘(2) appoint such advisory committees as the Commission determines to be necessary to carry out this
Act;
‘‘(3) authorize any member or employee of the Commission to take any action that the Commission is
authorized to take by this Act;
‘‘(4) procure supplies, services, and property, and
make or enter into contracts, leases or other legal
agreements, to carry out this Act (except that any
contracts, leases or other legal agreements made or
entered into by the Commission shall not extend beyond the date of termination of the Commission);
‘‘(5) use the United States mails in the same manner and under the same conditions as other Federal
agencies;
‘‘(6) subject to approval by the Commission, make
grants in amounts not to exceed $10,000 to communities and nonprofit organizations to develop programs to assist in the commemoration;
‘‘(7) make grants to research and scholarly organizations to research, publish, or distribute information relating to the early history of Jamestown; and
‘‘(8) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration.
‘‘(e) COMMISSION PERSONNEL MATTERS.—
‘‘(1) COMPENSATION OF MEMBERS OF THE COMMISSION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), a member of the Commission shall serve
without compensation.

§ 81

‘‘(B) FEDERAL EMPLOYEES.—A member of the
Commission who is an officer or employee of the
Federal Government shall serve without compensation in addition to the compensation received for
the services of the member as an officer or employee of the Federal Government.
‘‘(C) TRAVEL EXPENSES.—A member of the Commission shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized
for an employee of an agency under subchapter I of
chapter 57 of title 5, United States Code, while
away from the home or regular place of business of
the member in the performance of the duties of the
Commission.
‘‘(2) STAFF.—
‘‘(A) IN GENERAL.—The Chairperson of the Commission may, without regard to the civil service
laws (including regulations), appoint and terminate
an executive director and such other additional personnel as are necessary to enable the Commission
to perform the duties of the Commission.
‘‘(B) CONFIRMATION OF EXECUTIVE DIRECTOR.—The
employment of an executive director shall be subject to confirmation by the Commission.
‘‘(3) COMPENSATION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the Chairperson of the Commission may
fix the compensation of the executive director and
other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title
5, United States Code, relating to classification of
positions and General Schedule pay rates.
‘‘(B) MAXIMUM RATE OF PAY.—The rate of pay for
the executive director and other personnel shall not
exceed the rate payable for level V of the Executive
Schedule under section 5316 of title 5, United States
Code.
‘‘(4) DETAIL OF GOVERNMENT EMPLOYEES.—
‘‘(A) FEDERAL EMPLOYEES.—
‘‘(i) IN GENERAL.—On the request of the Commission, the head of any Federal agency may detail, on a reimbursable or non-reimbursable basis,
any of the personnel of the agency to the Commission to assist the Commission in carrying out
the duties of the Commission under this Act.
‘‘(ii) CIVIL SERVICE STATUS.—The detail of an
employee under clause (i) shall be without interruption or loss of civil service status or privilege.
‘‘(B) STATE EMPLOYEES.—The Commission may—
‘‘(i) accept the services of personnel detailed
from States (including subdivisions of States);
and
‘‘(ii) reimburse States for services of detailed
personnel.
‘‘(5) VOLUNTEER AND UNCOMPENSATED SERVICES.—
Notwithstanding section 1342 of title 31, United
States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary.
‘‘(6) SUPPORT SERVICES.—The Director of the National Park Service shall provide to the Commission,
on a reimbursable basis, such administrative support
services as the Commission may request.
‘‘(f) PROCUREMENT OF TEMPORARY AND INTERMITTENT
SERVICES.—The Chairperson of the Commission may
procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code,
at rates for individuals that do not exceed the daily
equivalent of the annual rate of basic pay prescribed
for level V of the Executive Schedule under section 5316
of that title.
‘‘(g) FACA NONAPPLICABILITY.—Section 14(b) of the
Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Commission.
‘‘(h) NO EFFECT ON AUTHORITY.—Nothing in this section supersedes the authority of the State, the National Park Service, or the Association for the Preservation of Virginia Antiquities, concerning the commemoration.
‘‘(i) TERMINATION.—The Commission shall terminate
on December 31, 2008.

§ 81a

TITLE 16—CONSERVATION

Page 108

‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as are necessary to carry out this Act.’’
Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 127], Dec. 21,
2000, 114 Stat. 2763, 2763A–229, 2763A–359, enacted provisions substantially identical to those enacted by Pub.
L. 106–565, set out above.

not exceeding two hundred feet in width through
said city to connect with highways or parkways
leading from Williamsburg to Jamestown and
Yorktown.

§ 81a. Location and boundaries

Section was not enacted as part of act July 3, 1930,
ch. 837, 46 Stat. 855, which comprises this subchapter.

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, 46 Stat. 855; June 5, 1936,
ch. 525, § 2, 49 Stat. 1483.)
CODIFICATION
Section was formerly classified to section 443a of this
title.

(June 28, 1938, ch. 775, § 1, 52 Stat. 1208.)
CODIFICATION

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 section 81f of this title.
(June 5, 1936, ch. 525, §§ 1, 2, 49 Stat. 1483.)

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, 46 Stat. 3041, and Proc. No. 2055,
Aug. 22, 1933, 48 Stat. 1706.

§ 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 section 81a of this title and as defined
by Presidential Proclamation Numbered 2055,
dated August 22, 1933 (48 Stat. 1706), are revised
by the elimination of the parkway area described in said proclamation as running north
and west of the city of Williamsburg to Jamestown Island, and the substitution therefor of a
parkway area running southerly through or
around the city of Williamsburg, thence continuing south of said city to the James River
and thence along said river and connecting waters to Jamestown Island, the exact location of
which shall be determined by the Secretary of
the Interior: Provided, That said parkway area
shall not exceed an average of five hundred feet
in width outside the city of Williamsburg: And
provided further, That condemnation proceedings
shall not be had, exercised, or resorted to as to
any lands in the city of Williamsburg except
such lands as may be required for a right-of-way

CODIFICATION
Section was not enacted as part of act July 3, 1930,
ch. 837, 46 Stat. 855, which comprises this subchapter.
Section was formerly classified to section 443a–1 of
this title.
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

Page 109

§ 81h

TITLE 16—CONSERVATION

lands or improvements shall be made from such
funds as may be appropriated pursuant to the
authorization of section 81f of this title.
(June 28, 1938, ch. 775, § 2, 52 Stat. 1209.)
CODIFICATION
Section was not enacted as part of act July 3, 1930,
ch. 837, 46 Stat. 855, which comprises this subchapter.

§ 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 section 3113 of title 40, such
tracts of land within the said park as may be
necessary for the completion thereof: Provided
further, That condemnation proceedings herein
provided for shall not be had, exercised, or resorted to as to lands belonging to the Association for the Preservation of Virginia Antiquities, a corporation chartered under the laws of
Virginia, or to the city of Williamsburg, Virginia, or to any other lands in said city except
such lands as may be required for a right-of-way
not exceeding two hundred feet in width through
the city of Williamsburg to connect with highways or parkways leading from Williamsburg to
Jamestown and to Yorktown.
(July 3, 1930, ch. 837, § 3, 46 Stat. 856; June 5, 1936,
ch. 525, § 2, 49 Stat. 1483.)

retary 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, 46 Stat. 856; Mar. 3, 1931,
ch. 405, 46 Stat. 1490; June 5, 1936, ch. 525, § 2, 49
Stat. 1483; Pub. L. 90–74, Aug. 29, 1967, 81 Stat.
176; Pub. L. 93–477, title I, § 101(2), Oct. 26, 1974, 88
Stat. 1445; Pub. L. 109–418, § 3, Dec. 19, 2006, 120
Stat. 2883.)
CODIFICATION
Section was formerly classified to section 443c of this
title.
AMENDMENTS
2006—Pub. L. 109–418 substituted ‘‘$8,572,000’’ for
‘‘$10,472,000’’.
1974—Pub. L. 93–477 substituted ‘‘$10,472,000’’ for
‘‘$2,777,000’’.
1967—Pub. L. 90–74 substituted ‘‘$2,777,000’’ for
‘‘$2,000,000’’.
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
Pub. L. 90–74 provided in part that the limit on the
authorized appropriation was increased from $2,000,000
to $2,777,000 in order to permit acquisition of the Thomas Nelson House, the Edmund Smith House, the John
Ballard House, and the Thomas Pate House, all of
which are located within the boundaries of the Colonial
National Historical Park on lots numbered 42A, 44
through 55, 84, 85, and 120 through 129, and known as the
George Waller Blow Estate.

CODIFICATION

§ 81g. Administration, protection, and development

‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888 (U.S.C., title 40, secs. 257, 258; 25
Stat. 357)’’ on authority of Pub. L. 107–217, § 5(c), Aug.
21, 2002, 116 Stat. 1303, the first section of which enacted
Title 40, Public Buildings, Property, and Works.
Section was formerly classified to section 443b of this
title.

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 sections 1, 2, 3, and 4 of
this title, as amended.

CHANGE OF NAME

(July 3, 1930, ch. 837, § 5, 46 Stat. 856; June 5, 1936,
ch. 525, § 2, 49 Stat. 1483.)

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 $8,572,000 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 Sec-

CODIFICATION
Section was formerly classified to section 443d of this
title.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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 sub-

§ 81i

TITLE 16—CONSERVATION

division 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 section 81g of this title, and in sections
1, 2, 3, and 4 of this title therein referred to,
shall not apply to any property of a public nature in the city of Williamsburg, other than
property of the United States.
(July 3, 1930, ch. 837, § 6, 46 Stat. 856; June 5, 1936,
ch. 525, § 2, 49 Stat. 1483.)
CODIFICATION
Section was formerly classified to section 443e of this
title.

Page 110

north thirty-nine degrees fifty-four minutes
west one hundred and twenty-eight and ninetysix 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, 58 Stat. 923.)
CODIFICATION
Section was not enacted as part of act July 3, 1930,
ch. 837, 46 Stat. 855, which comprises this subchapter.
SEWAGE-DISPOSAL SYSTEM FOR YORKTOWN AREA
Act Mar. 29, 1956, ch. 111, 70 Stat. 64, provided for the
modernization of the sanitary facilities in the Yorktown area of Colonial National Historical Park, and in
anticipation of the 1957 Jamestown-Williamsburg-Yorktown celebration, authorized the Secretary of the Interior to construct, operate, and maintain a sewage-disposal system to serve Federal and non-Federal properties in the Yorktown area.

CHANGE OF NAME

TEMPORARY TRANSFER OF JURISDICTION OF PORTION

Act June 5, 1936, changed ‘‘Colonial National Monument’’ to ‘‘Colonial National Historical Park’’.

Act Dec. 24, 1942, ch. 820, 56 Stat. 1085, provided:
‘‘That the Secretary of the Interior be, and he is hereby, authorized and directed to transfer to the control
and jurisdiction of the Department of the Navy a portion of the Colonial National Historical Park, Yorktown, Virginia, south of Ballards Creek and adjacent to
the east boundary of the naval mine depot, containing
approximately sixteen acres.
‘‘SEC. 2. The President of the United States is authorized by Executive order to retransfer jurisdiction over
the property to the Secretary of the Interior upon his
application when, in the judgment of the President, the
property has become surplus to the needs of the Department of the Navy, in which event it again shall become a part of the 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, 46 Stat. 856.)
CODIFICATION
Section was formerly classified to section 443f of this
title.

§ 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 fiftythree 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

§ 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 onehalf 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, 64 Stat. 979.)
CODIFICATION
Section was not enacted as part of act July 3, 1930,
ch. 837, 46 Stat. 855, which comprises this subchapter.

§ 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

Page 111

§ 81p

TITLE 16—CONSERVATION

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, 67 Stat. 27.)
CODIFICATION
Section was not enacted as part of act July 3, 1930,
ch. 837, 46 Stat. 855, which comprises this subchapter.

§ 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 section 81n of this title;
and in evaluating non-Federal properties to be
acquired hereunder, he is authorized to make
such allowance as he may find to be equitable
for the value of any residential properties that
may be situated upon land to be acquired pursuant to this section and section 81n of this title.
If expedient and in the public interest to do so,
he may assist in the removal of structures from
property to be acquired hereunder through the
exchange procedure, and he may cooperate with
public or private agencies and persons in the securing of housing for the aforesaid grantors who
may require new housing accommodations or facilities as a result of the land exchanges herein
authorized.
(Mar. 29, 1956, ch. 105, § 1, 70 Stat. 61.)

CODIFICATION
Section was not enacted as part of act July 3, 1930,
ch. 837, 46 Stat. 855, which comprises this subchapter.

§ 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, 70 Stat. 62.)
CODIFICATION
Section was not enacted as part of act July 3, 1930,
ch. 837, 46 Stat. 855, which comprises this subchapter.

§ 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.
(Pub. L. 99–390, Aug. 23, 1986, 100 Stat. 831.)
CODIFICATION
Section was not enacted as part of act July 3, 1930,
ch. 837, 46 Stat. 855, which comprises this subchapter.

§ 81p. Property transfers
(a) Transfer and rights-of-way
The Secretary of the Interior (hereinafter in
this section referred to as the ‘‘Secretary’’) is
authorized to transfer, without reimbursement,
to York County, Virginia, that portion of the existing sewage disposal system, including related
improvements and structures, owned by the
United States and located within the Colonial
National Historical Park, together with such
rights-of-way as are determined by the Secretary to be necessary to maintain and operate
such system.
(b) Repair and rehabilitation of system
The Secretary is authorized to enter into a cooperative agreement with York County, Virginia, under which the Secretary will pay a portion, not to exceed $110,000, of the costs of repair
and rehabilitation of the sewage disposal system
referred to in subsection (a) of this section.
(c) Fees and charges
In consideration for the rights-of-way granted
under subsection (a) of this section, and in recognition of the National Park Service’s contribution authorized under subsection (b) of this
section, the cooperative agreement under subsection (b) of this section shall provide for a re-

§ 90

TITLE 16—CONSERVATION

duction in, or the elimination of, the amounts
charged to the National Park Service for its
sewage disposal. The cooperative agreement
shall also provide for minimizing the impact of
the sewage disposal system on the park and its
resources. Such system may not be enlarged or
substantially altered without National Park
Service concurrence.
(d) Inclusion of land in Colonial National Historical Park
Notwithstanding the provisions of sections 81b
and 81d of this title, limiting the average width
of the Colonial Parkway, the Secretary of the
Interior is authorized to include within the
boundaries of Colonial National Historical Park
and to acquire by donation, exchange, or purchase with donated or appropriated funds the
lands or interests in lands (with or without improvements) within the areas depicted on the
map dated August 1996, numbered 333/80031B, and
entitled ‘‘Page Landing Addition to Colonial National Historical Park’’. Such map shall be on
file and available for inspection in the offices of
the National Park Service at Colonial National
Historical Park and in Washington, District of
Columbia.
(e) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section.
(Pub. L. 104–333, div. I, title II, § 211, Nov. 12, 1996,
110 Stat. 4109; Pub. L. 106–113, div. B, § 1000(a)(3)
[title I, § 122], Nov. 29, 1999, 113 Stat. 1535,
1501A–159; Pub. L. 106–176, title I, § 102, Mar. 10,
2000, 114 Stat. 25.)
CODIFICATION
Section was enacted as part of the Omnibus Parks
and Public Lands Management Act of 1996, and not as
part of act July 3, 1930, ch. 837, 46 Stat. 855, which comprises this subchapter.
AMENDMENTS
2000—Subsec. (d). Pub. L. 106–176 directed amendment
identical to amendment by Pub. L. 106–113. See 1999
Amendment note below.
1999—Subsec. (d). Pub. L. 106–113 substituted ‘‘depicted on the map dated August 1996, numbered 333/
80031B,’’ for ‘‘depicted on the map dated August 1993,
numbered 333/80031A,’’.

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

Page 112

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.
(Pub. L. 90–544, title I, § 101, Oct. 2, 1968, 82 Stat.
926.)
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–668, § 1, Nov. 16, 1988, 102 Stat. 3961, provided: ‘‘That this Act [enacting section 110c of this
title, amending sections 90b, 90c–1, 90d–4, 251n, 256b,
256c, and 1274 of this title, and enacting provisions listed in a table of Wilderness Areas set out under section
1132 of this title and provisions set out as a note under
section 251n of this title] may be cited as the ‘Washington Park Wilderness Act of 1988’.’’
DEDICATION OF PARK TO SENATOR HENRY M. JACKSON
Pub. L. 100–85, Aug. 10, 1987, 101 Stat. 551, provided:
‘‘That the North Cascades National Park, Washington,
is hereby dedicated to Senator Henry M. Jackson in
recognition of his leadership in establishing the North
Cascades National Park, his outstanding contributions
to the National Park System, the National Wilderness
Preservation System, and to the protection and preservation of our great natural resources for the benefit of
the people of the United States for all time.
‘‘SEC. 2. In order to carry out the provisions of this
Act, the Secretary of the Interior is authorized and directed to provide such identification by signs, including, but not limited to changes in existing signs, materials, maps, markers, interpretive programs, or other
means as will adequately inform the public of the contributions of Henry M. Jackson.
‘‘SEC. 3. The Secretary of the Interior is further authorized and directed to cause to be erected and maintained, within the boundaries of the North Cascades
National Park, an appropriate memorial to Henry M.
Jackson. Such memorial shall include but not be limited to an appropriate permanent marker describing
the contributions of Henry M. Jackson to the Nation.
‘‘SEC. 4. There are authorized to be appropriated such
sums as may be necessary to carry out the provisions
of this Act.’’

§ 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 section 90 of
this title.
(Pub. L. 90–544, title II, § 201, Oct. 2, 1968, 82 Stat.
927.)
§ 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

Page 113

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 section 90 of this title.
(Pub. L. 90–544, title II, § 202, Oct. 2, 1968, 82 Stat.
927.)
BOUNDARY ADJUSTMENTS, LAKE CHELAN NATIONAL
RECREATION AREA AND WENATCHEE NATIONAL FOREST, WASHINGTON
Pub. L. 105–238, § 1, Sept. 23, 1998, 112 Stat. 1562, and
Pub. L. 105–277, div. A, § 101(e) [title III, § 342], Oct. 21,
1998, 112 Stat. 2681–231, 2681–296, transferred administrative jurisdiction over part of Lake Chelan National
Recreation Area from Secretary of the Interior to Secretary of Agriculture for inclusion in Wenatchee National Forest.

§ 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.
(Pub. L. 90–544, title III, § 301, Oct. 2, 1968, 82
Stat. 927; Pub. L. 100–668, title II, § 203, Nov. 16,
1988, 102 Stat. 3963.)
1 Subsec.

(a) designation editorially supplied.

§ 90c–1

TITLE 16—CONSERVATION
AMENDMENTS

1988—Subsec. (b). Pub. L. 100–668 added subsec. (b).

§ 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.
(Pub. L. 90–544, title III, § 302, Oct. 2, 1968, 82
Stat. 927.)
§ 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.
(Pub. L. 90–544, title III, § 303, Oct. 2, 1968, 82
Stat. 928.)
§ 90c. Administration
The Secretary shall administer the park in accordance with sections 1, 2, 3, and 4 of this title,
as amended and supplemented.
(Pub. L. 90–544, title IV, § 401, Oct. 2, 1968, 82
Stat. 928.)
§ 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

§ 90c–1

TITLE 16—CONSERVATION

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 [30 U.S.C. 181 et
seq.], or the Acquired Lands Mineral Leasing
Act of August 7, 1947 [30 U.S.C. 351 et seq.], shall
be disposed of as provided in the applicable Act;
and receipts from the disposition of nonleasable
minerals within the recreation areas shall be
disposed of in the same manner as moneys received from the sale of public lands.
(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 fish1 So

in original.

Page 114

ing 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.
(Pub. L. 90–544, title IV, § 402, Oct. 2, 1968, 82
Stat. 928; Pub. L. 100–668, title II, §§ 205, 206, Nov.
16, 1988, 102 Stat. 3964.)
REFERENCES IN TEXT
The Mineral Leasing Act of February 25, 1920, as
amended, referred to in subsec. (c), is act Feb. 25, 1920,
ch. 85, 41 Stat. 437, as amended, known as the Mineral
Leasing Act, which is classified generally to chapter 3A
(§ 181 et seq.) of Title 30. For complete classification of
this Act to the Code, see Short Title note set out under
section 181 of Title 30 and Tables.
The Acquired Lands Mineral Leasing Act of August 7,
1947, referred to in subsec. (c), is act Aug. 7, 1947, ch.
513, 61 Stat. 913, as amended, which is classified generally to chapter 7 (§ 351 et seq.) of Title 30. For complete
classification of this Act to the Code, see Short Title
note set out under section 351 of Title 30 and Tables.
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–668, § 205, amended subsec. (a) generally. Prior to amendment, subsec. (a) read
as follows: ‘‘The Secretary shall administer the recreation areas in a manner which 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 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, or other values contributing to public enjoyment.
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.’’
Subsec. (b). Pub. L. 100–668, § 206, amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ‘‘The lands within the recreation areas, subject to
valid existing rights, are hereby withdrawn 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 interest in
lands within the recreation areas in the manner prescribed by section 387 of title 43, and he may permit the
removal of leasable minerals from lands or interests in
lands within the recreation areas in accordance with
the Mineral Leasing Act of February 25, 1920, as amended, or the Acquired Lands Mineral Leasing Act of August 7, 1947, if he finds that such disposition would not
have significant adverse effects on the administration
of the recreation areas.’’

Page 115

§ 90d–5

TITLE 16—CONSERVATION

§ 90d. Distributive share of counties of receipts
for schools and roads unaffected

§ 90d–4. Federal Power Act administrative jurisdiction 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 section 500 of this title, shall not be affected by the
elimination of lands from such national forests
by the enactment of this subchapter.

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 (41 Stat. 1063), as amended [16 U.S.C. 791a et seq.], in the lands and waters within the Skagit River Hydroelectric
Project, Federal Energy and Regulatory Commission Project 553, including the proposed Copper Creek, High Ross, and Thunder Creek elements of the Project; and the Newhalem
Project, Federal Energy and Regulatory Commission Project 2705, within the Ross Lake National Recreation Area; the lands and waters
within the Lake Chelan Project, Federal Energy
and Regulatory Commission Project 637; the
Company Creek small hydroelectric project at
Stehekin within the Lake Chelan National
Recreation Area; and existing hydrologic monitoring stations necessary for the proper operation of the hydroelectric projects listed herein.

(Pub. L. 90–544, title V, § 501, Oct. 2, 1968, 82 Stat.
929.)
§ 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.
(Pub. L. 90–544, title V, § 502, Oct. 2, 1968, 82 Stat.
929.)
§ 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.
(Pub. L. 90–544, title V, § 503, Oct. 2, 1968, 82 Stat.
929.)
§ 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 or 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.
(Pub. L. 90–544, title V, § 504, Oct. 2, 1968, 82 Stat.
930.)

(Pub. L. 90–544, title V, § 505, Oct. 2, 1968, 82 Stat.
930; Pub. L. 100–668, title II, § 202, Nov. 16, 1988,
102 Stat. 3963.)
REFERENCES IN TEXT
The Federal Power Act, referred to in text, is act
June 20, 1920, ch. 285, 41 Stat. 1063, as amended, which
is classified generally to chapter 12 (§ 791a et seq.) of
this title. For complete classification of this Act to the
Code, see section 791a of this title and Tables.
AMENDMENTS
1988—Pub. L. 100–668 substituted ‘‘in the lands and
waters within the Skagit River Hydroelectric Project,
Federal Energy and Regulatory Commission Project
553, including the proposed Copper Creek, High Ross,
and Thunder Creek elements of the Project; and the
Newhalem Project, Federal Energy and Regulatory
Commission Project 2705, within the Ross Lake National Recreation Area; the lands and waters within
the Lake Chelan Project, Federal Energy and Regulatory Commission Project 637; the Company Creek
small hydroelectric project at Stehekin within the
Lake Chelan National Recreation Area; and existing
hydrologic monitoring stations necessary for the proper operation of the hydroelectric projects listed herein’’
for ‘‘in the recreation areas’’.
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
sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title
42, The Public Health and Welfare.

§ 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.
(Pub. L. 90–544, title V, § 506, Oct. 2, 1968, 82 Stat.
930; Pub. L. 94–578, title I, § 101(9), Oct. 21, 1976, 90
Stat. 2732.)
AMENDMENTS
1976—Pub.
‘‘$3,500,000’’.

L.

94–578

substituted

‘‘$4,500,000’’

for

§ 90e

TITLE 16—CONSERVATION

§ 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 [16 U.S.C. 1131 et seq.], there is hereby designated, subject to valid existing rights,
the Pasayten Wilderness within and as a part of
the Okanogan National Forest and the Mount
Baker National Forest, comprising an area of
about five hundred thousand acres lying east of
Ross Lake, as generally depicted in the area designated as ‘‘Pasayten Wilderness’’ on the map
referred to in section 90 of this title.
(b) The previous classification of the North
Cascades Primitive Area is hereby abolished.
(Pub. L. 90–544, title VI, § 601, Oct. 2, 1968, 82
Stat. 930.)
REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (a), 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.

§ 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 [16 U.S.C. 1131 et seq.] and being within and
a part of the Wenatchee National Forest and the
Mount Baker National Forest, subject to valid
existing rights, are hereby extended to include
portions of the Suiattle River corridor and the
White Chuck River corridor on the western side
thereof, comprising areas totaling about ten
thousand acres, as depicted in the area designated as ‘‘Additions to Glacier Peak Wilderness’’ on the map referred to in section 90 of this
title.
(Pub. L. 90–544, title VI, § 602, Oct. 2, 1968, 82
Stat. 930.)
REFERENCES IN TEXT
The Wilderness Act, referred to in text, is Pub. L.
88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (§ 1131 et seq.) of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 1131 of
this title and Tables.
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

Page 116

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 [16 U.S.C. 1131 et seq.] and thereafter shall
be subject to the provisions of the Wilderness
Act governing areas designated by that Act as
wilderness areas, except that any reference in
such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to
the effective date of this subchapter.
(Pub. L. 90–544, title VI, § 603, Oct. 2, 1968, 82
Stat. 930; Pub. L. 103–437, § 6(e), Nov. 2, 1994, 108
Stat. 4585.)
REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (b), is Pub.
L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which
is classified generally to chapter 23 (§ 1131 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1131 of
this title and Tables.
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). Pub. L. 103–437 substituted ‘‘Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House
of Representatives’’ for ‘‘Interior and Insular Affairs
Committees of the United States Senate and House of
Representatives’’.

§ 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).
(Pub. L. 90–544, title VI, § 604, Oct. 2, 1968, 82
Stat. 931.)
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

Page 117

§ 93

TITLE 16—CONSERVATION

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, 30 Stat. 993.)
SHORT TITLE
Pub. L. 108–312, § 1, Oct. 5, 2004, 118 Stat. 1194, provided
that: ‘‘This Act [enacting section 110d of this title and
provisions set out as a note under section 110d of this
title] may be cited as the ‘Mount Rainier National
Park Boundary Adjustment Act of 2004’.’’

§ 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 section 3 of this title, not inconsistent with this section, he shall make regulations
providing for the preservation from injury or
spoliation of all timber, mineral deposits, natural curiosities, or wonders within said park, and
their retention in their natural condition. The
Secretary may, in his discretion, grant parcels
of ground at such places in said park as shall require the erection of buildings for the accommodation of visitors. And through the lands of the
Pacific National Forest adjoining said park
rights-of-way are hereby granted, under such restrictions and regulations as the Secretary of
the Interior may establish, to any railway or
tramway company or companies, through the
lands of said Pacific National Forest, and also
into said park created by section 91 of this title,
for the purpose of building, constructing, and
operating a railway, constructing and operating
a railway or tramway line or lines, through said
lands, also into said park. 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 to
fully carry out the objects and purposes of sections 91, 92 and 93 of this title.

(Mar. 2, 1899, ch. 377, § 2, 30 Stat. 994; June 12,
1917, ch. 27, § 1, 40 Stat. 153.)
CODIFICATION
The words ‘‘In addition to the powers and duties enumerated in section 3 of this title, not inconsistent with
this section’’ were added to relate this section to later
law, defining the duties of the Secretary of the Interior
as to national parks.
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 section 452 of this title.
‘‘Pacific National Forest’’ was substituted for ‘‘Pacific Forest Reserve’’ on authority of act Mar. 4, 1907,
ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests.
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 section 92a of this title.

§ 92a. Rights-of-way for railways, tramways, and
cable lines
The provisions of section 92 of this title,
granting rights-of-way, under such restrictions
and regulations as the Secretary of the Interior
may establish, to any railway or tramway company or companies for the purpose of building,
constructing, and operating a railway, constructing and operating a railway or tramway
line or lines, so far as the same relate to lands
within the Mount Rainier National Park, Washington, are repealed: Provided, however, That
nothing herein shall be construed so as to prohibit the Secretary of the Interior from authorizing the use of land in said park under contract,
permit, lease, or otherwise for the establishment
and operation thereon of a tramway or cable
line, or lines, for the accommodation or convenience of visitors and others.
(Jan. 26, 1931, ch. 47, § 6, 46 Stat. 1044.)
§ 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

§ 94

TITLE 16—CONSERVATION

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, 30 Stat. 994.)
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, 34 Stat. 1269, which provided that forest
reserves shall hereafter be known as national forests.

§ 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, 35 Stat. 365.)
§ 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, 39 Stat. 243.)
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.

§§ 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, 39 Stat. 244,
related to inclusion of park in judicial district. See section 128 of Title 28, Judiciary and Judicial Procedure.
Section 97, act June 30, 1916, ch. 197, § 3, 39 Stat. 244,
related to offenses and punishment. See section 13 of
Title 18, Crimes and Criminal Procedure.

§ 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

Page 118

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, 39 Stat. 244.)
REFERENCES IN TEXT
This Act, referred to in text, is act June 30, 1916,
which is classified to sections 95 to 105 of this title. For
complete classification of this Act to the Code, see
Tables.

§ 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

Page 119

§ 109

TITLE 16—CONSERVATION

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, 39 Stat. 245.)
REFERENCES IN TEXT
This Act, referred to in text, is act June 30, 1916,
which is classified to sections 95 to 105 of this title. For
complete classification of this Act to the Code, see
Tables.

§§ 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, 39 Stat. 245;
June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to appointment and jurisdiction of commissioner. See provisions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure.
Section 101, act June 30, 1916, ch. 197, § 7, 39 Stat. 245,
related to arrest and bail by commissioner [now magistrate judge].
Section 102, act June 30, 1916, ch. 197, § 8, 39 Stat. 245,
related to issuance of process.
Section 103, acts June 30, 1916, ch. 197, § 9, 39 Stat. 246;
June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to salary
of commissioner [now magistrate judge].
Section 104, act June 30, 1916, ch. 197, § 11, 39 Stat. 246,
related to disposition of fines and costs.
Section 105, act June 30, 1916, ch. 197, § 10, 39 Stat. 246,
related to fees, costs, and expenses chargeable to the
United States.

§ 106. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat.
1028
Section, act June 12, 1917, ch. 27, § 1, 40 Stat. 152, related to donations of patented lands or rights-of-way.
See section 6 of this title.

§ 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, 44 Stat. 668.)
§ 108. Other laws extended to added lands
The provisions of sections 1, 2, 3, 4, 91, 92, 93,
95, 98 and 99 of this title, and all Acts supplementary to and amendatory of said sections are
made applicable to and extended over the lands
added to the park by section 107 of this title:
Provided, That the provisions of the Federal
Power Act [16 U.S.C. 791a et seq.], shall not
apply to or extend over such lands.
(May 28, 1926, ch. 410, § 2, 44 Stat. 669.)
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 791a of this title. The Federal Power Act
is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
and is classified generally to chapter 12 (§ 791a et seq.)
of this title. For complete classification of this Act to
the Code, see section 791a of this title and Tables.

§ 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 section
107 of this title, thence extending east to the
summit of the hydrographic divide between Silver Creek and White River; thence along the
summit of Crystal Mountain to the summit of
the Cascade Mountains; thence southerly along
the summit of the Cascade Mountains to a point
in section 20, township 15 north, range 11 east,
Willamette meridian, whence flow the waters of
Bumping River to the east and Carlton and Cougar Creeks to the south and west; thence southwesterly along the summit of the divide between
Carlton Creek and the waters flowing into the
main fork of Ohanapecosh River to the quarter
section line of section 9, township 14 north,

§ 110

TITLE 16—CONSERVATION

range 10 east, Willamette meridian; thence westerly along the quarter section line of sections 9,
8, and 7 to the west boundary of said township;
thence due west to the right or west bank of
Muddy Fork of the Cowlitz River; thence northerly along the right bank of said Muddy Fork to
a point exactly due east of post numbered 34 on
the south boundary of Mount Rainier National
Park as surveyed in 1908; thence due west to said
post numbered 34; thence along the boundary of
said park as surveyed in 1908 to post numbered
35; thence easterly along the south boundary of
said national park as surveyed in 1908 to the
southeast corner thereof; thence northerly along
the east boundary of said national park as surveyed in 1908 to post numbered 59; thence along
the east boundary of said park as revised by section 107 of this title, northerly to the point of
beginning.
(Jan. 31, 1931, ch. 71, § 1, 46 Stat. 1047.)
§ 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 section 109 of this
title: Provided, That no fee or charge shall be
made by the United States for the use of any
roads in said park built or maintained exclusively by the State of Washington.
(Jan. 31, 1931, ch. 71, § 2, 46 Stat. 1048.)
§ 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.
(Pub. L. 86–521, § 1, June 27, 1960, 74 Stat. 219.)
§ 110b. Administration of headquarters site
The headquarters site provided pursuant to
section 110a of this title shall constitute a part
of Mount Rainier National Park and be administered in accordance with the laws applicable
thereto.
(Pub. L. 86–521, § 2, June 27, 1960, 74 Stat. 219.)
§ 110c. Boundary adjustments
(a) Park boundary adjustments
The boundaries of the Mount Rainier National
Park as established in the Act of March 2, 1899
(30 Stat. 993), as amended; (16 U.S.C. 91–110b),1
are further revised to add to the Park approximately two hundred and forty acres, and to exclude from the park approximately thirty-one
and one-half acres, as generally depicted on the
map entitled ‘‘Mount Rainier National Park
1 See

References in Text note below.

Page 120

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 office of the National
Park Service, United States Department of the
Interior and at Mount Rainier National Park.
(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 thirtyone 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 section 251l of this
title.
(3) AUTHORIZATION OF LAND ACQUISITION.—The
Secretary of the Interior is authorized to acquire from willing sellers by donation, purchase
with donated or appropriated funds, exchange,
bequest, or otherwise all non-Federal lands, waters, and interests therein included within the
boundary of the Mount Rainier National Park
pursuant to this Act.
(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.

Page 121

§ 111

TITLE 16—CONSERVATION

(2) For the purposes of section 460l–9 of this
title, the boundaries of the Snoqualmie National
Forest and the Gifford Pinchot National Forest,
as modified pursuant to this Act, shall be treated as if they were the boundaries of those national forests on January 1, 1965.
(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.
(Pub. L. 100–668, title III, § 302, Nov. 16, 1988, 102
Stat. 3965.)
REFERENCES IN TEXT
Act of March 2, 1899 (30 Stat. 993), as amended, referred to in subsec. (a), is act Mar. 2, 1899, ch. 377, 30
Stat. 993, which enacted sections 91, 92, and 93 of this
title. For complete classification of this Act to the
Code, see Tables.
This Act, referred to in subsecs. (c) and (d), is Pub. L.
100–668, Nov. 16, 1988, 102 Stat. 3961, which enacted section 110c of this title, amended sections 90b, 90c–1,
90d–4, 251n, 256b, 256c, and 1274 of this title, and enacted
provisions listed in a table of Wilderness Areas set out
under section 1132 of this title and provisions set out as
a note under sections 90 and 251n of this title. For complete classification of this Act to the Code, see Short
Title of 1988 Amendment note set out under section 90
of this title and Tables.

§ 110d. Mount Rainier National Park Boundary
Adjustment
(a) Boundary adjustment
The boundary of Mount Rainier National Park
is modified to include the area within the
boundary generally depicted on the map entitled
‘‘Mount Rainier National Park, Carbon River
Boundary Adjustment’’, numbered 105/92,002B,
and dated June 2003. The Secretary of the Interior shall keep the map on file in the appropriate offices of the National Park Service.
(b) Land acquisition
The Secretary of the Interior may acquire,
only with the consent of the owner, by donation,
purchase with donated or appropriated funds, or
exchange—
(1) land or interests in land, totaling not
more than 800 acres, and improvements thereon within the boundary generally depicted on
the map referred to in subsection (a) of this
section for development of camping and other
recreational facilities; and
(2) land or interests in land, totaling not
more than one acre, and improvements thereon in the vicinity of Wilkeson, Washington,
for a facility to serve visitors to public lands
along the Carbon and Mowich Corridors.
(c) Administration of acquired lands
Lands acquired under this section shall be administered by the Secretary of the Interior as
part of Mount Rainier National Park in accordance with applicable laws and regulations.
(Pub. L. 108–312, § 3, Oct. 5, 2004, 118 Stat. 1194.)
SHORT TITLE
For short title of Pub. L. 108–312, which enacted this
section, as the Mount Rainier National Park Boundary
Adjustment Act of 2004, see section 1 of Pub. L. 108–312,
set out as a note under section 91 of this title.

FINDINGS
Pub. L. 108–312, § 2, Oct. 5, 2004, 118 Stat. 1194, provided
that: ‘‘The Congress finds the following:
‘‘(1) The Carbon River watershed within Pierce
County in the State of Washington has unique qualities of ecological, economic, and educational importance, including clean water, productive salmon
streams, important wildlife habitat, active geologic
processes, outdoor recreational opportunities, scenic
beauty, educational opportunities, and diverse economic opportunities.
‘‘(2) Mount Rainier National Park is one of the premier attractions in the State of Washington, providing recreational, educational, and economic opportunities that will be enhanced by the construction of
new campgrounds and visitor contact facilities in the
Carbon River valley outside old-growth forest habitats and above the flood plain.
‘‘(3) Coordination of management across national
forest and national park lands in this corridor will
enhance the conservation of the forest ecosystem and
public enjoyment of these public lands.
‘‘(4) Protection and development of historic and
recreational facilities in the Carbon River valley,
such as trails and visitor centers, can be facilitated
by the National Park Service.’’

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

§ 111a

TITLE 16—CONSERVATION

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, 34 Stat. 616, 617;
June 30, 1913, ch. 4, § 1, 38 Stat. 83.)
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
section 112 of this title.
MESA VERDE NATIONAL PARK BOUNDARY CHANGE
Pub. L. 110–161, div. F, title I, § 133, Dec. 26, 2007, 121
Stat. 2123, provided that:
‘‘(a) ACQUISITION OF LAND.—
‘‘(1) IN GENERAL.—The Secretary may acquire the
land or an interest in the land described in subsection
(b) for addition to the Mesa Verde National Park.
‘‘(2) MEANS.—An acquisition of land under paragraph (1) may be made by donation, purchase from a
willing seller with donated or appropriated funds, or
exchange.
‘‘(b) DESCRIPTION OF LAND.—The land referred to in
subsection (a)(1) is the approximately 360 acres of land
adjacent to the Park, as generally depicted on the map,
entitled ‘Mesa Verde National Park Proposed Boundary
Adjustment’, numbered 307/80,180, and dated March 1,
2007.
‘‘(c) AVAILABILITY OF MAP.—The map shall be on file
and available for inspection in the appropriate offices
of the National Park Service.
‘‘(d) BOUNDARY MODIFICATION.—The boundary of the
Park shall be revised to reflect the acquisition of the
land under subsection (a).
‘‘(e) ADMINISTRATION.—The Secretary shall administer any land or interest in land acquired under subsection (a)(1) as part of the Park in accordance with the
laws (including regulations) applicable to the Park.’’

§ 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 CortezMancos Road, the President of the United States
is authorized, upon the recommendation of the
Secretary of the Interior, to add to the said

Page 122

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, 46 Stat. 1422.)
§ 111b. Donations or exchanges of lands
For the purpose of carrying out the provisions
of this section and section 111a of this title the
Secretary of the Interior is authorized to accept
donations of land or right-of-way, or to acquire
title to any land along or adjacent to the said
Point Lookout Road as may be deemed desirable
by him for the protection of said road, by exchange for any unappropriated public lands
within sections 29 and 32, township 36 north,
range 14 west, New Mexico principal meridian, of
equal value; the value of the lands offered for exchange hereunder and the value of the lands of
the United States to be selected therefor shall
be ascertained in such manner as the Secretary
of the Interior may direct; and the owners of
lands offered to the United States pursuant
hereto shall, before the exchange is effective,
furnish the Secretary of the Interior evidence
satisfactory to him of title to the lands offered
in exchange.
(Feb. 26, 1931, ch. 308, § 2, 46 Stat. 1423.)
§ 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 sections 1, 2, 3, and 4 of
this title, as amended and supplemented:
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.

Page 123

TITLE 16—CONSERVATION

(Pub. L. 88–235, § 1, Dec. 23, 1963, 77 Stat. 473.)
§ 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 111c of this title.
(Pub. L. 88–235, § 2, Dec. 23, 1963, 77 Stat. 474.)
§ 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
sections 111c to 111e of this title.
(Pub. L. 88–235, § 3, Dec. 23, 1963, 77 Stat. 474; Pub.
L. 94–578, title I, § 101(8), Oct. 21, 1976, 90 Stat.
2732.)
AMENDMENTS
1976—Pub.
‘‘$125,000’’.

L.

94–578

substituted

‘‘$193,233’’

for

§ 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 section 3 of this title not inconsistent with this section, he shall establish such
service as he may deem necessary for the care
and management of the same. Such regulations
shall provide specifically for the preservation
from injury or spoliation of the ruins and other
works and relics of prehistoric or primitive man
within said park.
(June 29, 1906, ch. 3607, § 2, 34 Stat. 617; June 30,
1913, ch. 4, § 1, 38 Stat. 84.)
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 section 111 of this
title.
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 section 3 of this
title, derived from act Aug. 25, 1916, ch. 408, § 3, 39 Stat.
535, authorizing the Secretary of the Interior to make
and publish rules and regulations applicable to National Parks.

§ 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, 34 Stat. 617.)

§ 117

§ 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, 34 Stat. 617.)
§ 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, 36 Stat. 796.)
§ 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, 46 Stat. 1043.)
§ 116. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat.
1028
Section, act June 12, 1917, ch. 27, § 1, 40 Stat. 152, related to donations of lands or rights-of-way. See section 6 of this title.

§ 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

§§ 117a, 117b

TITLE 16—CONSERVATION

laws as refugees from justice found in the State
of Colorado.
(Apr. 25, 1928, ch. 434, § 1, 45 Stat. 458.)
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, 45 Stat. 459,
related to inclusion of park in a judicial district. See
section 85 of Title 28, Judiciary and Judicial Procedure.
Section 117b, act Apr. 25, 1928, ch. 434, § 3, 45 Stat. 459,
related to applicability of Colorado laws to offenses.
See section 13 of Title 18, Crimes and Criminal Procedure.

§ 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,

Page 124

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, 45 Stat. 459.)
REFERENCES IN TEXT
This Act, referred to in text, is act Apr. 25, 1928,
which is classified to sections 117 to 117j of this title.
For complete classification of this Act to the Code, see
Tables.

§ 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, 45 Stat. 460.)
REFERENCES IN TEXT
This Act, referred to in text, is act Apr. 25, 1928,
which is classified to sections 117 to 117j of this title.
For complete classification of this Act to the Code, see
Tables.

§§ 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, 45 Stat. 460;
June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to appointment and jurisdiction of commissioner. See provisions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure.
Section 117f, act Apr. 25, 1928, ch. 434, § 7, 45 Stat. 460,
related to criminal offenses. See sections 3041 and 3141
of Title 18, Crimes and Criminal Procedure, and rules 4,
5(c), and 9 of Federal Rules of Criminal Procedure,
Title 18, Appendix.
Section 117g, act Apr. 25, 1928, ch. 434, § 8, 45 Stat. 460,
related to issuance of process.
Section 117h, acts Apr. 25, 1928, ch. 434, § 9, 45 Stat.
461; June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to
salary of commissioner [now magistrate judge].

Page 125

TITLE 16—CONSERVATION

Section 117i, act Apr. 25, 1928, ch. 434, § 10, 45 Stat. 461,
related to fees, costs, and expenses against the United
States.
Section 117j, act Apr. 25, 1928, ch. 434, § 11, 45 Stat. 461,
related to disposition of fines and costs.

§ 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, 46 Stat. 315.)
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 section 119a of this title
shall have been vested in the United States,
with the exception of such easements and
rights-of-way for railroad, public utilities, and
highway purposes as may be acceptable to the
Secretary of the Interior, and (b) when notification of the effective date of such establishment
of the park, as determined by the said Secretary, is published in the Federal Register. Disestablishment of the Petrified Forest National
Monument shall be effected concurrently with
the establishment of the park.
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 sections 1, 2, 3, and
4 of this title.
The exchange authority prescribed for the
Petrified Forest National Monument in sections
444 and 444a of this title, is hereby extended to
all the lands within the Petrified Forest National Park as herein authorized.
For the purposes of this section and section
119a of this title, the Secretary is authorized to
acquire, in such manner as he shall consider to
be in the public interest, any non-Federal land
or interests in land within the area hereby authorized to be established as the Petrified Forest National Park. In acquiring any State-owned
land or interests therein within the aforesaid
area, such property may be procured by the
United States without regard to any limitations
heretofore prescribed by the Congress relating
to the disposal of State-owned properties.
Upon establishment of the Petrified Forest
National Park, as authorized by this section and
section 119a of this title, any remaining balance
of funds that may be available for purposes of
the Petrified Forest National Monument shall
thereafter be available for expenditure for purposes of the Petrified Forest National Park.

§ 119

(Pub. L. 85–358, § 1, Mar. 28, 1958, 72 Stat. 69.)
PETRIFIED FOREST NATIONAL PARK EXPANSION
Pub. L. 108–430, Dec. 3, 2004, 118 Stat. 2606, as amended
by Pub. L. 111–11, title VII, § 7116(d), Mar. 30, 2009, 123
Stat. 1203, provided that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Petrified Forest National Park Expansion Act of 2004’.
‘‘SEC. 2. DEFINITIONS.
‘‘In this Act:
‘‘(1) MAP.—The term ‘map’ means the map entitled
‘Proposed Boundary Adjustments, Petrified Forest
National Park’, numbered 110/80,045, and dated January 2005.
‘‘(2) PARK.—The term ‘Park’ means the Petrified
Forest National Park in the State.
‘‘(3) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘(4) STATE.—The term ‘State’ means the State of
Arizona.
‘‘SEC. 3. BOUNDARY REVISION.
‘‘(a) IN GENERAL.—The Secretary is authorized to revise the boundary of the Park to include approximately
125,000 acres as depicted on the map.
‘‘(b) AVAILABILITY OF MAP.—The map shall be on file
and available for public inspection in the appropriate
offices of the National Park Service.
‘‘SEC. 4. ACQUISITION OF ADDITIONAL LAND.
‘‘(a) PRIVATE LAND.—The Secretary may acquire from
a willing seller, by donation, purchase with donated or
appropriated funds, or exchange, any private land or interests in private land within the revised boundary of
the Park. In acquiring private land and interests in private land within the revised boundary of the Park, the
Secretary shall undertake to acquire such private land
and interests in private land first by donation or exchange.
‘‘(b) STATE LAND.—
‘‘(1) IN GENERAL.—The Secretary may, with the consent of the State and in accordance with Federal and
State law, acquire from the State any State land or
interests in State land within the revised boundary of
the Park.
‘‘(2) PLAN.—Not later than 3 years after the date of
the enactment of this Act [Dec. 3, 2004], the Secretary
shall, in coordination with the State, develop a plan
for acquisition for State land or interests in State
land under paragraph (1).
‘‘(3) MANAGEMENT AGREEMENT.—If the Secretary is
unable to acquire the State land under paragraph (1)
within the 3-year period required by paragraph (2),
the Secretary may enter into an agreement that
would allow the National Park Service to manage
State land within the revised boundary of the Park.
‘‘SEC. 5. ADMINISTRATION.
‘‘(a) IN GENERAL.—Subject to applicable laws, all land
and interests in land acquired under this Act shall be
administered by the Secretary as part of the Park.
‘‘(b) TRANSFER OF JURISDICTION.—The Secretary shall
transfer to the National Park Service administrative
jurisdiction over any land under the jurisdiction of the
Secretary that—
‘‘(1) is depicted on the map as being within the
boundaries of the Park; and
‘‘(2) is not under the administrative jurisdiction of
the National Park Service on the date of enactment
of this Act [Dec. 3, 2004].
‘‘(c) EXCHANGE AFTER ENACTMENT.—Upon completion
of an exchange of land after the date of the enactment
of this Act [Dec. 3, 2004], the Secretary shall transfer
administrative jurisdiction over the exchanged lands
within the boundary of the Park as depicted on the
map to the National Park Service.
‘‘(d) GRAZING.—
‘‘(1) IN GENERAL.—The Secretary shall permit the
continuation of grazing on land transferred to the

§ 119a

TITLE 16—CONSERVATION

Secretary under this Act, subject to applicable laws,
regulations, and Executive orders.
‘‘(2) TERMINATION OF LEASES OR PERMITS.—Nothing
in this subsection prohibits the Secretary from accepting the voluntary termination of a grazing permit or grazing lease within the Park.
‘‘(e) AMENDMENT TO GENERAL MANAGEMENT PLAN.—
Not later than 3 years after the date of the enactment
of this Act [Dec. 3, 2004], the Secretary shall amend the
general management plan for the Park to address the
use and management of any additional land acquired
under this Act.
‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as are necessary to carry out this Act.’’
TRANSFER OF JURISDICTION, AIR FORCE HOUSING AT
RADAR BOMB SCORING SITE, HOLBROOK, ARIZONA
Pub. L. 103–337, div. B, title XXVIII, § 2844, Oct. 5, 1994,
108 Stat. 3068, provided that:
‘‘(a) TRANSFER AUTHORIZED.—As part of the closure of
an Air Force Radar Bomb Scoring Site located near
Holbrook, Arizona, the Secretary of the Air Force may
transfer, without reimbursement, the administrative
jurisdiction, accountability, and control of the housing
units and associated support facilities used in connection with the site to the Secretary of the Interior for
use in connection with Petrified Forest National Park.
‘‘(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be transferred under subsection (a) shall be determined by a
survey satisfactory to the Secretary of the Air Force
and the Secretary of the Interior.
‘‘(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the Air Force may require such additional
terms and conditions in connection with the transfer of
real property under subsection (a) as the Secretary considers appropriate.’’

§ 119a. Boundaries
The Petrified Forest National Park, authorized to be established pursuant to section 119 of
this title, shall comprise the following described
lands:
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.

Page 126

(Pub. L. 85–358, § 2, Mar. 28, 1958, 72 Stat. 69; Pub.
L. 99–250, § 1, Feb. 27, 1986, 100 Stat. 13.)
AMENDMENTS
1986—Pub. L. 99–250 inserted ‘‘Township 19 north,
range 24 east: the southwest quarter of the southwest
quarter of section 27.’’
EFFECTIVE DATE OF 1986 AMENDMENT
Section 2 of Pub. L. 99–250 provided that: ‘‘The provisions of this Act [amending this section] shall not take
effect until the Secretary of the Interior determines
that fee simple title to the property described in section 1 has vested in the United States. Such determination of the Secretary shall be published in the Federal
Register.’’

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, 32 Stat. 202; Pub. L.
96–553, § 1(a), Dec. 19, 1980, 94 Stat. 3255; Pub. L.
97–250, § 1(a), Sept. 8, 1982, 96 Stat. 709.)
AMENDMENTS
1982—Pub.
L.
97–250
substituted
‘‘numbered
106–80–001–A, and dated March 1981’’ for ‘‘numbered
106–80,001, and dated February 1980’’.
1980—Pub. L. 96–553 substituted provisions relating to
establishment and map depicting boundaries of Crater
Lake National Park for provisions setting out latitude
and longitude of Crater Lake National Park and dedication of such Park.
DISPOSITION OF EXCLUDED LANDS, WATER, AND
INTERESTS
Section 1(b) of Pub. L. 97–250 provided that: ‘‘Lands,
water, and interests therein excluded from the boundary of Crater Lake National Park by subsection (a)
[amending this section] are hereby made a part of the
Rogue River National Forest, and the boundary of such
national forest is revised accordingly.’’

§ 121a. Repealed. Pub. L. 96–553, § 1(b), Dec. 19,
1980, 94 Stat. 3255
Section, act May 14, 1932, ch. 184, 47 Stat. 155, related
to additions to Crater Lake National Park.

§ 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 enu-

Page 127

§ 127

TITLE 16—CONSERVATION

merated in section 3 of this title not inconsistent with this section, he shall cause adequate
measures to be taken for the preservation of the
natural objects within said park, and also for
the protection of the timber from wanton depredation, the preservation of all kinds of game and
fish, the punishment of trespassers, the removal
of unlawful occupants and intruders, and the
prevention and extinguishment of forest fires.
(May 22, 1902, ch. 820, § 2, 32 Stat. 202.)
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 section 3 of this
title, derived from act Aug. 25, 1916, ch. 408, § 3, 39 Stat.
535, authorizing the Secretary of the Interior to make
and publish rules and regulations applicable to National Parks.

§ 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.
(Pub. L. 97–250, § 1(c), Sept. 8, 1982, 96 Stat. 709.)
REFERENCES IN TEXT
The effective date of this provision, referred to in
text, probably means the date of enactment of Pub. L.
97–250, which was approved Sept. 8, 1982.

§ 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 sections 121 and 122 of
this title, or the rules and regulations established thereunder, shall be punished by a fine of
not more than $500, or by imprisonment for not
more than one year, and shall further be liable
for all destruction of timber or other property of
the United States in consequence of any such
unlawful act. Crater Lake National Park shall
be open, under such regulations as the Secretary
of the Interior may prescribe, to all scientists,
excursionists, and pleasure seekers. Restaurant
and hotel keepers, upon application to the Secretary of the Interior, may be permitted by him
to establish places of entertainment within the
Crater Lake National Park for the accommodation of visitors, at places and under regulations
fixed by the Secretary of the Interior, and not
otherwise.
(May 22, 1902, ch. 820, § 3, 32 Stat. 203; Pub. L.
94–429, § 3(a), Sept. 28, 1976, 90 Stat. 1342.)

AMENDMENTS
1976—Pub. L. 94–429 struck out provision that the
park be open, under the supervision of the Secretary of
the Interior, to the location and working of mining
claims.
MINING RIGHTS EXISTING PRIOR TO 1976 AMENDMENT
Section 3 of Pub. L. 94–429 provided in part that this
section was amended as indicated in order to close area
to entry and location under the Mining Law of 1872,
subject to valid existing rights.

§ 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, 39 Stat. 521.)
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, 39 Stat. 522,
related to inclusion of park in judicial district. See section 117 of Title 28, Judiciary and Judicial Procedure.
Section 126, act Aug. 21, 1916, ch. 368, § 3, 39 Stat. 522,
related to offenses. See section 13 of Title 18, Crimes
and Criminal Procedure.

§ 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

§ 128

TITLE 16—CONSERVATION

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, 39 Stat. 522.)
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 21, 1916,
which is classified to sections 124 to 134 of this title.
For complete classification of this Act to the Code, see
Tables.

§ 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, 39 Stat. 523.)
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 21, 1916,
which is classified to sections 124 to 134 of this title.

Page 128

For complete classification of this Act to the Code, see
Tables.

§§ 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, 39 Stat. 523;
June 25, 1935, ch. 309, § 1, 49 Stat. 422; June 28, 1938, ch.
778, § 1, 52 Stat. 1213, related to appointment and jurisdiction of commissioner. See provisions covering
United States magistrate judges under section 631 et
seq. of Title 28, Judiciary and Judicial Procedure.
Section 130, act Aug. 21, 1916, ch. 368, § 7, 39 Stat. 523,
related to arrests by commissioner [now magistrate
judge].
Section 131, act Aug. 21, 1916, ch. 368, § 8, 39 Stat. 523,
related to issuance of process.
Section 132, acts Aug. 21, 1916, ch. 368, § 9, 39 Stat. 523;
June 25, 1935, ch. 309, § 2, 49 Stat. 422, related to residence of commissioner [now magistrate judge].
Section 132a, act June 25, 1935, ch. 309, § 3, 49 Stat. 422,
related to salary of commissioner [now magistrate
judge].
Section 133, act Aug. 21, 1916, ch. 368, § 11, 39 Stat. 524,
related to disposition of fines and costs.
Section 134, act Aug. 21, 1916, ch. 368, § 10, 39 Stat. 524,
related to accounting for fees, costs, and expenses.

§ 135. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat.
1028
Section, act June 12, 1917, ch. 27, § 1, 40 Stat. 152, related to donations of patented lands or rights-of-way.
See section 6 of this title.

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 of 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, 32 Stat. 765.)
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 section 142 of
this title.

Page 129

§ 141a

TITLE 16—CONSERVATION

§ 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, 46 Stat. 1518; Aug. 9, 1946,
ch. 935, § 1, 60 Stat. 970.)
AMENDMENTS
1946—Act Aug. 9, 1946, revised the boundaries of the
park.
WIND CAVE NATIONAL PARK BOUNDARY REVISION
Pub. L. 109–71, Sept. 21, 2005, 119 Stat. 2011, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Wind Cave National
Park Boundary Revision Act of 2005’.
‘‘SEC. 2. DEFINITIONS.
‘‘In this Act:
‘‘(1) MAP.—The term ‘map’ means the map entitled
‘Wind Cave National Park Boundary Revision’, numbered 108/80,030, and dated June 2002.
‘‘(2) PARK.—The term ‘Park’ means the Wind Cave
National Park in the State.
‘‘(3) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘(4) STATE.—The term ‘State’ means the State of
South Dakota.
‘‘SEC. 3. LAND ACQUISITION.
‘‘(a) AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary may acquire the
land or interest in land described in subsection (b)(1)
for addition to the Park.
‘‘(2) MEANS.—An acquisition of land under paragraph (1) may be made by donation, purchase from a
willing seller with donated or appropriated funds, or
exchange.
‘‘(b) BOUNDARY.—
‘‘(1) MAP AND ACREAGE.—The land referred to in subsection (a)(1) shall consist of approximately 5,675
acres, as generally depicted on the map.
‘‘(2) AVAILABILITY OF MAP.—The map shall be on file
and available for public inspection in the appropriate
offices of the National Park Service.
‘‘(3) REVISION.—The boundary of the Park shall be
adjusted to reflect the acquisition of land under subsection (a)(1).
‘‘SEC. 4. ADMINISTRATION.
‘‘(a) IN GENERAL.—The Secretary shall administer
any land acquired under section 3(a)(1) as part of the
Park in accordance with laws (including regulations)
applicable to the Park.
‘‘(b) TRANSFER OF ADMINISTRATIVE JURISDICTION.—
‘‘(1) IN GENERAL.—The Secretary shall transfer from
the Director of the Bureau of Land Management to
the Director of the National Park Service administrative jurisdiction over the land described in paragraph (2).
‘‘(2) MAP AND ACREAGE.—The land referred to in
paragraph (1) consists of the approximately 80 acres
of land identified on the map as ‘Bureau of Land Management land’.
‘‘SEC. 5. GRAZING.
‘‘(a) GRAZING PERMITTED.—Subject to any permits or
leases in existence as of the date of acquisition, the
Secretary may permit the continuation of livestock
grazing on land acquired under section 3(a)(1).
‘‘(b) LIMITATION.—Grazing under subsection (a) shall
be at not more than the level existing on the date on
which the land is acquired under section 3(a)(1).
‘‘(c) PURCHASE OF PERMIT OR LEASE.—The Secretary
may purchase the outstanding portion of a grazing permit or lease on any land acquired under section 3(a)(1).
‘‘(d) TERMINATION OF LEASES OR PERMITS.—The Secretary may accept the voluntary termination of a permit or lease for grazing on any acquired land.’’

§ 141b

TITLE 16—CONSERVATION

§ 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 section 672 of this title, establishing said game preserve.
(June 15, 1935, ch. 261, title VI, § 601, 49 Stat. 383.)
REFERENCES IN TEXT
Section 672 of this title, referred to in text, was omitted from the Code.

§ 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, 52 Stat. 708.)
CODIFICATION
Subsecs. (a) and (b) of this section constitute sections
1 and 2, respectively, of act June 16, 1938.

§ 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, 32 Stat. 765.)
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
section 141 of this title. See note under section 141.

§§ 143, 144. Repealed. Dec. 16, 1930, ch. 14, § 1, 46
Stat. 1028
Sections, act Jan. 9, 1903, ch. 63, §§ 3, 4, 32 Stat. 765, related to leases of cavern and lands, and provided for
disposition of funds from rentals or leases.

§ 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, 32 Stat. 766.)
§ 146. Offenses within park
All persons who shall unlawfully intrude upon
said park, or who shall without permission ap-

Page 130

propriate 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, 32 Stat. 766.)
REFERENCES IN TEXT
Hereunder, referred to in text, means act Jan. 9, 1903,
ch. 63, 32 Stat. 765, which is classified to sections 141,
and 142 to 146 of this title. For complete classification
of this Act to the Code, see Tables.

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

Page 131

§ 152

TITLE 16—CONSERVATION

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, 32 Stat. 655; June 16,
1906, ch. 3335, §§ 13, 14, 34 Stat. 275; June 29, 1906,
No. 42, 34 Stat. 837; Proc. Nov. 16, 1907, 35 Stat.
2160; June 25, 1948, ch. 646, § 39, 62 Stat. 992; Pub.
L. 94–235, § 5, Mar. 17, 1976, 90 Stat. 236.)
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
Pub. L. 94–235, § 5. See section 460hh–4 of this title.
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
Pub. L. 94–235, § 5, repealed act June 29, 1906, No. 42,
34 Stat. 837, cited as a credit to this section, under
which the Sulphur Springs Indian Reservation had been
renamed Platt National Park, in honor of Orville
Hitchcock Platt, former Senator from Connecticut
‘‘and for many years a member of the Committee on Indian Affairs, in recognition of his distinguished services to the Indians and to the country.’’

§ 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 section 151 of this
title and shall be a part of the reservation established at the village of Sulphur, subject to all
the provisions of said section 151, respecting the
care, control, direction, use, and occupancy
thereof as if they had been included in the original segregation. The Secretary of the Interior is
authorized, in the absence of other provisions
for the care and management thereof, to designate an officer or employee of his department
to take charge of the land, acquired under this
section and section 151 of this title, and to enforce rules and regulations for the control and
use thereof, and of the waters of the springs and
creeks within the reservation. The Secretary of
the Interior is authorized, in his discretion, to
sell or dispose of any buildings upon the land reserved, and all money received from such sales,
or that may be realized for the use of said waters or for the use and occupancy of the land or
the buildings thereon, through leases, permits,
or otherwise, shall be covered into the Treasury
of the United States to the credit of miscellaneous receipts. If any person, firm, or corporation
shall willfully violate any of the rules and regulations prescribed by the Secretary of the Interior relative to the use of the waters of said
springs and creeks and the use and occupation of
the lands in said reservation, such person, firm,
corporation, or members or agents thereof, shall
be deemed guilty of a misdemeanor, and upon
conviction shall be fined not less than $5 and not
more than $100, and may be imprisoned for a
term of not more than six months for each offense.
(Apr. 21, 1904, ch. 1402, § 18, 33 Stat. 220; June 29,
1906, No. 42, 34 Stat. 837; June 12, 1917, ch. 27, § 1,
40 Stat. 153; Pub. L. 94–235, § 5, Mar. 17, 1976, 90
Stat. 236.)
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.

§ 153

TITLE 16—CONSERVATION

Page 132

CHANGE OF NAME

REPEALS

Platt National Park designation repealed and areas
formerly known as Platt National Park made an integral part of Chickasaw National Recreation Area by
Pub. L. 94–235, § 5. See section 460hh–4 of this title.

Pub. L. 94–235, § 5, repealed act June 29, 1906, No. 42,
34 Stat. 837, cited as a credit to this section, under
which the name of the reservation at the village of Sulphur established by section 151 of this title, known as
Sulphur Springs Reservation, had been renamed Platt
National Park in honor of Orville Hitchcock Platt,
former senator from Connecticut ‘‘and for many years
a member of the Committee on Indian Affairs, in recognition of his distinguished services to the Indians
and to the country.’’

REPEALS
Pub. L. 94–235, § 5, repealed act June 29, 1906, No. 42,
34 Stat. 837, cited as a credit to this section, under
which the name of the reservation at the village of Sulphur established by section 151 of this title, known as
Sulphur Springs Reservation, had been renamed Platt
National Park in honor of Orville Hitchcock Platt,
former senator from Connecticut ‘‘and for many years
a member of the Committee on Indian Affairs, in recognition of his distinguished services to the Indians
and the country.’’

§ 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, chapter
3335, Thirty-fourth Statutes, page 267, entitled,
‘‘An Act to enable the people of Oklahoma and
of the Indian Territory to form a constitution
and State government and be admitted into the
Union on an equal footing with the original
States * * *’’, shall repeal or affect any Act of
Congress relating to the Sulphur Springs Reservation as defined on June 16, 1906, or as may
be thereafter defined or extended, or the power
of the United States over it or any other lands
embraced in the State hereafter set aside by
Congress as a national park, game preserve, or
for the preservation of objects of archaeological
or ethnological interest; and nothing contained
in said Act shall interfere with the rights and
ownership of the United States in any land hereafter set aside by Congress as national park,
game preserve, or other reservation, or in the
said Sulphur Springs Reservation, as it was on
June 16, 1906, or may be defined or extended by
law; but exclusive legislation, in all cases whatsoever, shall be exercised by the United States,
which shall have exclusive control and jurisdiction over the same; but nothing in this section
contained shall be construed to prevent the
service within said Sulphur Springs Reservation
or national parks, game preserves, and other
reservations hereafter established by law, of
civil and criminal processes lawfully issued by
the authority of said State, and said State shall
not be entitled to select indemnity school lands
for the thirteenth, sixteenth, thirty-third, and
thirty-sixth sections that may be embraced
within the metes and bounds of the national
park, game preserve, and other reservation or
the said Sulphur Springs Reservation, as defined
on June 16, 1906, or may be thereafter defined.
(June 16, 1906, ch. 3335, § 7, 34 Stat. 272; June 29,
1906, No. 42, 34 Stat. 837; Pub. L. 94–235, § 5, Mar.
17, 1976, 90 Stat. 236.)
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
Pub. L. 94–235, § 5. See section 460hh–4 of this title.

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, 49 Stat. 393.)
§ 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 section 156 of this title as may be deemed
by him necessary or desirable for national-park
purposes: Provided, That no land for the Big
Bend National Park shall be accepted until exclusive jurisdiction over the entire area, in form
satisfactory to the Secretary of the Interior,
shall have been ceded by the State of Texas to
the United States.
(June 20, 1935, ch. 283, § 2, 49 Stat. 393.)
§ 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, 63 Stat. 679.)
§ 157b. Additional lands within park boundaries
Notwithstanding any other provisions of law,
the Secretary of the Interior is authorized to

Page 133

§ 159a

TITLE 16—CONSERVATION

procure, in such manner as he may consider to
be in the public interest, the remaining nonFederal land and interests in land within the
boundaries of Big Bend National Park.
(Aug. 8, 1953, ch. 385, 67 Stat. 497.)
§ 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.
(Pub. L. 96–607, title IV, § 401, Dec. 28, 1980, 94
Stat. 3539.)
§ 157d. Additional boundary revision; acquisition
of lands and interests
The boundaries of Big Bend National Park, established by the Act of June 20, 1935 (16 U.S.C.
156), are hereby revised to include the lands and
interests therein, together with all improvements thereon, within the area comprising approximately sixty-seven thousand one hundred
and twenty-five acres as generally depicted on
the map entitled ‘‘Harte Ranch Addition, Big
Bend National Park’’, numbered 155/80,044 and
dated September 1987. Such 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 is authorized to acquire lands and interests therein, together with all improvements thereon, within
the addition described in such map by donation,
purchase with donated or appropriated funds, or
exchange.
(Pub. L. 100–201, Dec. 22, 1987, 101 Stat. 1328.)
REFERENCES IN TEXT
Act of June 20, 1935, referred to in text, is act June
30, 1935, ch. 283, 49 Stat. 393, which is classified to sections 156, 157, and 158 of this title. For complete classification of this Act to the Code, see Tables.

§ 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 sections 1, 2, 3, and 4 of
this title, as amended: Provided, That the provi-

sions of the Federal Power Act [16 U.S.C. 791a et
seq.] shall not apply to this park.
(June 20, 1935, ch. 283, § 3, 49 Stat. 394.)
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 section 791a of this title. The Federal
Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as
amended, and is classified generally to chapter 12
(§ 791a et seq.) of this title. For complete classification
of this Act to the Code, see section 791a of this title and
Tables.
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, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

§§ 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, 61 Stat. 91,
related to appointment and compensation of commissioner. See provisions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure.
Section 158b, act May 15, 1947, ch. 55, § 2, 61 Stat. 91,
related to jurisdiction of commissioner [now magistrate judge] over petty offenses.
Section 158c, act May 15, 1947, ch. 55, § 3, 61 Stat. 91,
related to jurisdiction of commissioner [now magistrate judge] over criminal offenses.
Section 158d, act May 15, 1947, ch. 55, § 4, 61 Stat. 91,
related to disposition of fees, costs, and expenses.

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 sections 159 to 159b of this title, designate as necessary or desirable for the purposes
of sections 159 to 159b of this title.
(June 1, 1938, ch. 316, § 1, 52 Stat. 608.)
§ 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 Inte-

§ 159b

TITLE 16—CONSERVATION

rior: 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 section 3113 of title 40,
such tracts of land within the said historical
park as may be necessary for the completion
thereof.
(June 1, 1938, ch. 316, § 2, 52 Stat. 609.)
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and
Works.

§ 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 sections 1,
2, 3, and 4 of this title, as amended.
(June 1, 1938, ch. 316, § 3, 52 Stat. 609.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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 sections 159 to 159b of this title are established as the Saratoga National Historical Park
and shall be administered as provided in section
159b of this title.
(June 22, 1948, ch. 594, § 1, 62 Stat. 570.)
§ 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, 62 Stat. 571; Pub. L.
97–460, § 3, Jan. 12, 1983, 96 Stat. 2522.)
AMENDMENTS
1983—Pub. L. 97–460 struck out provisions which authorized the Secretary of the Interior to accept donations of land, interests in land, buildings, structures,
and other property in Saratoga County which properties, together with the General Philip Schuyler Mansion property, were to become part of Saratoga National Historical Park. See sections 159f and 159g of this
title.

§ 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

Page 134

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.
(Pub. L. 96–199, title I, § 115, Mar. 5, 1980, 94 Stat.
71.)
§ 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.
(Pub. L. 97–460, § 1, Jan. 12, 1983, 96 Stat. 2520.)
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 97–460, Jan. 12,
1983, 96 Stat. 2520, which enacted sections 159f and 159g
of this title, amended section 159d of this this title, and
enacted a provision set out as a note under section 159f
of this title. For complete classification of this Act to
the Code, see Tables.
AUTHORIZATION OF APPROPRIATIONS
Section 4 of Pub. L. 97–460 provided that: ‘‘There are
hereby authorized to be appropriated after October 1,
1983, such sums as may be necessary, but not to exceed
$1,000,000 for the acquisition of lands and interests
therein, to carry out the purposes of this Act [enacting
sections 159f and 159g of this title and amending section
159d of this title].’’

§ 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 section 159e of this
title, the Secretary may not acquire (except by
donation) fee simple title to those lands depicted on the map as proposed for less than fee
acquisition. The map shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior.
(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).

Page 135

§ 160a

TITLE 16—CONSERVATION

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.
(Pub. L. 97–460, § 2, Jan. 12, 1983, 96 Stat. 2520.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 97–460,
Jan. 12, 1983, 96 Stat. 2520, which enacted sections 159f
and 159g of this title, amended section 159d of this title,
and enacted a provision set out as a note under section
159f of this title. For complete classification of this Act
to the Code, see Tables.

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.
(Pub. L. 91–661, § 1, Jan. 8, 1971, 84 Stat. 1970.)
§ 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

§ 160a–1

TITLE 16—CONSERVATION

Representatives of such findings at least thirty
days prior to such acquisition.
(Pub. L. 91–661, § 101, Jan. 8, 1971, 84 Stat. 1970;
Pub. L. 103–437, § 6(f), Nov. 2, 1994, 108 Stat. 4585.)
CODIFICATION
Section formerly consisted of sections 101 and 102 of
Pub. L. 91–661. Section 102 of Pub. L. 91–661 was substantially amended and expanded by Pub. L. 97–405, § 1(1),
(2), Jan. 3, 1983, 96 Stat. 2028, and as thus amended is set
out as section 160a–1 of this title.
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives’’ for ‘‘Committees on Interior and Insular Affairs
of both the Senate and the House of Representatives’’.

§ 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

Page 136

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) 1 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.
1 So

in original. Probably should be ‘‘(1)(E)’’.

Page 137

TITLE 16—CONSERVATION

(Pub. L. 91–661, § 102, Jan. 8, 1971, 84 Stat. 1970;
Pub. L. 97–405, § 1(1), (2), Jan. 3, 1983, 96 Stat.
2028.)
CODIFICATION
Provisions of section 102 of Pub. L. 91–661 [this section] were formerly set out as an undesignated second
paragraph in section 160a of this title prior to amendment by Pub. L. 97–405.
AMENDMENTS
1983—Subsec. (a). Pub. L. 97–405, § 1(1), substituted
‘‘(a) Except as provided in subsection (b) of this section,
the park’’ for ‘‘The park’’.
Subsec. (b). Pub. L. 97–405, § 1(2), added 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 chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509,
3906, 4710, and 4711) of subtitle I of title 41. Any
Federal property located within the boundaries
of the park may be transferred without consideration to the administrative jurisdiction of the
Secretary for the purposes of the park. Lands
within the boundaries of the park owned by the
State of Minnesota, or any political subdivision
thereof, may be acquired only by donation.
(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.
(Pub. L. 91–661, § 201, Jan. 8, 1971, 84 Stat. 1970.)
CODIFICATION
In subsec. (a), ‘‘chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41’’ substituted for ‘‘the
Federal Property and Administrative Services Act of
1949 (63 Stat. 377), as amended’’ on authority of Pub. L.
107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works,
and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854,
which Act enacted Title 41, Public Contracts.

§ 160c

§ 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.
(Pub. L. 91–661, § 202, Jan. 8, 1971, 84 Stat. 1971.)

§ 160d

TITLE 16—CONSERVATION

§ 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.
(Pub. L. 91–661, § 203, Jan. 8, 1971, 84 Stat. 1972.)
§ 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.
(Pub. L. 91–661, § 204, Jan. 8, 1971, 84 Stat. 1972.)
§ 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 sections 1, 2, 3, and 4 of this title, as amended and
supplemented.
(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 section 1132 of
this title, his recommendation as to the suitability or nonsuitability of any area within the
lakeshore for preservation as wilderness, and
any designation of any such area as a wilderness
may be accomplished in accordance with said
subsections. The President shall, no later than
June 1, 1983, advise the United States Senate
and House of Representatives of his recommendations with respect to the suitability or
nonsuitability as wilderness of any area within
the park.
(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

Page 138

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.
(Pub. L. 91–661, § 301, Jan. 8, 1971, 84 Stat. 1972;
Pub. L. 97–405, § 1(3), Jan. 3, 1983, 96 Stat. 2029.)
AMENDMENTS
1983—Subsec. (b). Pub. L. 97–405 inserted provision directing the President to advise the Senate and House of
Representatives no later than June 1, 1983, of his recommendation with respect to the suitability or nonsuitability as wilderness of any area within the park.

§ 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.
(Pub. L. 91–661, § 302, Jan. 8, 1971, 84 Stat. 1972.)
§ 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.
(Pub. L. 91–661, § 303, Jan. 8, 1971, 84 Stat. 1972.)
§ 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 Sep-

Page 139

§ 161

TITLE 16—CONSERVATION

tember 15, 1938, and any order issued pursuant
thereto.
(Pub. L. 91–661, § 304, Jan. 8, 1971, 84 Stat. 1973.)
§ 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.
(Pub. L. 91–661, § 305, Jan. 8, 1971, 84 Stat. 1973.)
§ 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 section 460l–9(a)(3) of this
title, the statutory ceilings on appropriations

established by this section shall be deemed to be
statutory ceilings contained in a provision of
law enacted prior to the convening of the Ninety-fifth Congress.
(Pub. L. 91–661, § 401, Jan. 8, 1971, 84 Stat. 1973;
Pub. L. 97–405, § 1(4), Jan. 3, 1983, 96 Stat. 2029.)
AMENDMENTS
1983—Pub. L. 97–405 designated existing provisions as
subsec. (a), substituted ‘‘$38,314,000’’ for ‘‘$26,014,000’’,
and added subsecs. (b) to (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.

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

§ 161a

TITLE 16—CONSERVATION

by reason of the creation of Glacier National
Park.
(May 11, 1910, ch. 226, § 1, 36 Stat. 354; Jan. 26,
1931, ch. 47, § 5, 46 Stat. 1043.)
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, 36 Stat. 354, which is classified to this section
and section 162 of this title.
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
The Reclamation Service, established in July 1902,
changed to the Bureau of Reclamation on June 20, 1923,
then to the Water and Power Resources Service on Nov.
6, 1979, and then back to the Bureau of Reclamation on
May 18, 1981. See 155 Dep’t of the Interior, Departmental Manual 1.1 (2008 repl.); Sec’y Hubert Work,
Dep’t of the Interior, Order (June 20, 1923); Sec’y Cecil
D. Andrus, Dep’t of the Interior, Secretarial Order 3042,
§§ 1, 4 (Nov. 6, 1979); Sec’y James G. Watt, Dep’t of the
Interior, Secretarial Order 3064, §§ 3, 5 (May 18, 1981).

§ 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, 47 Stat. 145.)
§ 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, 47 Stat. 145.)

Page 140

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, 53 Stat. 1142.)
§ 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 section 161c of this title,
together with the improvements and equipment
utilized in connection with the hatchery property, is eliminated from the park.
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, 58 Stat. 801.)
TRANSFER OF FUNCTIONS
Fish and Wildlife Service, created by Reorg. Plan No.
III of 1940, § 3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231,
succeeded by United States Fish and Wildlife Service
established by act Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1120.
See section 742b of this title.
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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 (25 Stat. 676),
any lands, interests in lands, buildings, or other
property, real and personal, owned by the State
of Montana within the boundaries of Glacier National Park. The aforesaid properties may be acquired from the State of Montana by the Secretary of the Interior for such consideration as
he may deem advisable, when the acquisition of
such property would, in his judgment, be in the
best interests of the United States.

§ 161c. Addition of land; establishment of fish
hatchery

(Mar. 16, 1948, ch. 133, 62 Stat. 80.)

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

Section 11 of the Act approved February 22, 1889 (25
Stat. 676), referred to in text, was not classified to the
Code.

REFERENCES IN TEXT

Page 141

§ 165

TITLE 16—CONSERVATION

§ 162. Control; regulations; leases; sale and removal of timber

diction over the Territory referred to in this section
has been omitted as executed.

Glacier National Park shall be under the exclusive control of the Secretary of the Interior.
In addition to the powers and duties enumerated
in section 3 of this title not inconsistent with
this section, he shall make and publish such
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, which
regulations shall provide for the preservation of
the park in a state of nature so far as is consistent with the purposes of this section and section
161 of this title, and for the care and protection
of the fish and game within the boundaries
thereof. He 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 company, for not to exceed twenty years,
when such ground is necessary for the erection
of buildings for the accommodation of visitors,
and to parcels of ground not exceeding one acre
in extent and for not to exceed twenty years to
persons who have heretofore erected or whom he
may hereafter authorize to erect summer homes
or cottages; he may also 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.

§ 164. Eliminating private holdings of lands; timber or public lands of equal value in exchange

(May 11, 1910, ch. 226, § 2, 36 Stat. 354.)
§ 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, 46 Stat. 1043.)
§ 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, 38 Stat. 699.)
CODIFICATION
A provision accepting the act of the Montana Legislature which ceded to the United States Exclusive Juris-

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, 39 Stat. 1122; Feb. 28,
1923, ch. 144, § 1, 42 Stat. 1324.)
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.

§ 165. Value of lands sought to be exchanged
For purposes of subdivision (2) of section 164 of
this title the value of all patented lands within
said park, including the timber thereon, offered
for exchange, and the value of other lands of the
United States elsewhere situate, 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 park 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 Government under this
section and subdivision (2) of section 164 of this
title shall be and remain a part of the Glacier
National Park.
(Feb. 28, 1923, ch. 144, § 2, 42 Stat. 1324.)

§ 166

TITLE 16—CONSERVATION

§ 166. Exchange of timber for private holdings;
valuations
For purposes of subdivision (1) of section 164 of
this title the value of all patented lands within
said park, including the timber thereon, offered
for exchange, and the value of the timber on
park lands, or on Government lands within the
metes and bounds of the national forests within
the State of Montana, proposed to be given in
exchange for such patented lands, shall be ascertained in such manner as the Secretary of the
Interior and the Secretary of Agriculture may
jointly in their discretion direct, and all expenses incident to ascertaining such values shall
be paid by the owners of said patented lands.
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 timber on park lands or on the Government
lands in the national forests within the State of
Montana exceeds the value of the patented lands
deeded to the Government in exchange, such excess shall be paid to the Secretary of the Interior by the owners of the patented lands before
any timber is removed, and shall be deposited
and covered into the Treasury as miscellaneous
receipts. The lands conveyed to the Government
under this section and subdivision (1) of section
164 of this title shall become a part of the Glacier National Park.
(Mar. 3, 1917, ch. 164, § 2, 39 Stat. 1122.)
§ 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, 39 Stat. 1122.)
§ 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,

Page 142

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, 60 Stat. 949.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 168. Repealed. May 24, 1949, ch. 139, § 142, 63
Stat. 109
Section, act Aug. 22, 1914, ch. 264, § 2, 38 Stat. 699, related to Park as part of judicial district of Montana.
See sections 106 and 131 of Title 28, Judiciary and Judicial Procedure.

§ 169. Repealed. June 25, 1948, ch. 646, § 39, 62
Stat. 992, eff. Sept. 1, 1948
Section, act Aug. 22, 1914, ch. 264, § 3, 38 Stat. 699, related to applicability of criminal laws. See section 13 of
Title 18, Crimes and Criminal Procedure.

§ 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 lo-

Page 143

§ 180

TITLE 16—CONSERVATION

cated 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, 38 Stat. 700.)
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 22, 1914,
which is classified to sections 163 and 168 to 177 of this
title. For complete classification of this Act to the
Code, see Tables.

§ 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, 38 Stat. 700.)

REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 22, 1914,
which is classified to sections 163 and 168 to 177 of this
title. For complete classification of this Act to the
Code, see Tables.

§§ 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, 38 Stat. 700;
June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to appointment and jurisdiction of commissioner. See provisions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure.
Section 173, act Aug. 22, 1914, ch. 264, § 7, 38 Stat. 701,
related to arrest, confinement, and bail.
Section 174, act Aug. 22, 1914, ch. 264, § 8, 38 Stat. 701,
related to process. See section 3053 of Title 18, Crimes
and Criminal Procedure, rule 4 of Federal Rules of
Criminal Procedure, Title 18, Appendix, and rule 4 of
Federal Rules of Civil Procedure, Title 28, Appendix,
Judiciary and Judicial Procedure.
Section 175, acts Aug. 22, 1914, ch. 264, § 9, 38 Stat. 701;
June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to commissioner’s [now magistrate judge] salary.
Section 176, act Aug. 22, 1914, ch. 264, § 11, 38 Stat. 701,
related to fines and costs.
Section 177, act Aug. 22, 1914, ch. 264, § 10, 38 Stat. 701,
related to certification and payment of fees, costs, and
expenses.

§ 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, chapter
147, Thirty-ninth Statutes, page 994, shall be operated by the said Glacier Park Hotel Company,
its successors and assigns under such rules and
regulations as the Secretary of the Interior may
prescribe for the conduct and operation of hotels
within the Glacier National Park.
(Mar. 2, 1917, ch. 147, 39 Stat. 994.)
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, 39 Stat. 308; June 12,
1917, ch. 27, § 1, 40 Stat. 151.)
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.

§ 180. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat.
1028
Section, act Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1421,
made provision for the proceeds of leases and other revenues to be covered into the Treasury.

§§ 181, 181a

TITLE 16—CONSERVATION

§§ 181, 181a. Omitted
CODIFICATION
Sections 181, 181a, act May 2, 1932, ch. 155, §§ 1, 2, 47
Stat. 144, relating to the grant by the State of Montana
to the United States of concurrent police jurisdiction
over the territory in the rights-of-way of the Blackfeet
Highway, to the application of certain laws and regulations of the United States to such territory, and to the
exercise of administrative control and jurisdiction over
such territory, were omitted in view of Pub. L. 85–343,
Mar. 15, 1958, 72 Stat. 35, which provided that the concurrent police jurisdiction that had been granted to the
United States was retroceded to the State of Montana.

§ 181b. Repealed. June 25, 1948, ch. 646, § 39, 62
Stat. 992, eff. Sept. 1, 1948
Section, act May 2, 1932, ch. 155, § 3, 47 Stat. 145, related to jurisdiction of commissioner. See provisions for
United States magistrate judges in section 631 et seq. of
Title 28, Judiciary and Judicial Procedure.

SUBCHAPTER XXI—ROCKY MOUNTAIN
NATIONAL PARK
§ 191. Establishment;
project

boundaries;

reclamation

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

Page 144

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, 38 Stat. 798.)
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.

Page 145

TITLE 16—CONSERVATION
CHANGE OF NAME

The Reclamation Service, established in July 1902,
changed to the Bureau of Reclamation on June 20, 1923,
then to the Water and Power Resources Service on Nov.
6, 1979, and then back to the Bureau of Reclamation on
May 18, 1981. See 155 Dep’t of the Interior, Departmental Manual 1.1 (2008 repl.); Sec’y Hubert Work,
Dep’t of the Interior, Order (June 20, 1923); Sec’y Cecil
D. Andrus, Dep’t of the Interior, Secretarial Order 3042,
§§ 1, 4 (Nov. 6, 1979); Sec’y James G. Watt, Dep’t of the
Interior, Secretarial Order 3064, §§ 3, 5 (May 18, 1981).
ADDITIONS TO ROCKY MOUNTAIN NATIONAL PARK
The following provisions authorized the addition of
lands to Rocky Mountain National Park:
Pub. L. 109–93, Oct. 26, 2005, 119 Stat. 2104.
Pub. L. 104–158, § 2(b)(1), July 9, 1996, 110 Stat. 1406.

§ 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 quartersection 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 with-

§ 192a

drawn 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
sections 191 and 193 to 195a of this title are made
applicable to and extended over the lands added
to the park.
(Feb. 14, 1917, ch. 61, 39 Stat. 916.)
§ 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,

§ 192a

TITLE 16—CONSERVATION

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 south-

Page 146

west 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

Page 147

TITLE 16—CONSERVATION

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, 44 Stat. 712.)
§ 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, 46 Stat. 791.)

§ 192b–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, 39 Stat. 535 (16 U.S.C. §§ 1–3) [16 U.S.C. 1, 2, 3, and
4], and all acts supplementary thereto and amendatory
thereof, and all other laws and rules and regulations
applicable to such park:
SIXTH PRINCIPAL MERIDIAN
T. 5 N., R. 73 W.,
Sec. 33, S1⁄2NE1⁄4, SE1⁄4SE1⁄4, and N1⁄2SE1⁄4;
Sec. 34, N1⁄2SW1⁄4NE1⁄4, N1⁄2SE1⁄4NW1⁄4, SW1⁄4NW1⁄4, and
NW1⁄4SW1⁄4.
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, 39 Stat.
535 (16 U.S.C. 1–3) [16 U.S.C. 1, 2, 3, and 4], and all acts
supplementary thereto and amendatory thereof, and all
other laws and rules and regulations applicable to such
park:
SIXTH PRINCIPAL MERIDIAN
T. 4 N., R. 73 W., section 9, northwest quarter southwest
quarter.

§ 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 fiftyeight 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

§ 192b–2

TITLE 16—CONSERVATION

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 fortyone 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, 59 Stat. 466.)
§ 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, 63 Stat. 626.)
§ 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-fiveacre tract described elsewhere in this section.
(Aug. 24, 1949, ch. 501, § 2, 63 Stat. 626.)
§ 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

Page 148

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, 63 Stat. 627.)
§ 192b–5. Inclusion of acquired lands; rules and
regulations
All property acquired pursuant to sections
192b–2 to 192b–5 of this title shall become a part
of the park, following acquisition of title thereto by the United States 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
immediately upon the expiration of thirty full
calendar days after 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. 24, 1949, ch. 501, § 3, 63 Stat. 627.)
§ 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
section 192b–8 of this title as parcel A, including
the land and any improvements thereon owned
by the United States;
(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 section 192b–8 of this title as
parcels C and D, together with such other privately owned land and interests in land within
the park as he may designate;
(3) In exchange for the Government property
conveyed pursuant to sections 192b–6 to 192b–8 of
this title the United States shall receive other
property of approximately equal value and such
differences as there may be in values shall be
equalized by a payment of funds: Provided, That
all procedures and rights authorized in sections
192b–6 to 192b–8 of this title shall be in conformity with that agreement entered into under date
of February 7, 1961, by and between the United
States of America and the Colorado Transportation Company.
(Pub. L. 87–146, § 1, Aug. 17, 1961, 75 Stat. 383.)
§ 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

Page 149

TITLE 16—CONSERVATION

park the land described in section 192b–8 of this
title as combined parcels A and B.
(Pub. L. 87–146, § 2, Aug. 17, 1961, 75 Stat. 383.)
§ 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.
(Pub. L. 87–146, § 3, Aug. 17, 1961, 75 Stat. 383.)
§ 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

§ 192b–9

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 Public Law 95–450 (92 Stat. 1099) [16 U.S.C.
460jj et seq.], that are transferred by this Act to
Rocky Mountain National Park shall remain in
the National Wilderness Preservation System.
Lands within the Rocky Mountain National
Park that are adjacent to the Indian Peaks Wilderness and that are transferred by this Act to
the Roosevelt National Forest shall be incorporated in and become part of the Indian Peaks
Wilderness.
(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 sections 485 and 486 of this title, may accept on behalf of the United States title to any land in
section 30, township 7 north, range 73 west, of
the sixth principal meridian which lies within
the boundary of Rocky Mountain National Park
as revised by this Act, in exchange for which the
Secretary of the Interior, notwithstanding section 1279(a) of this title, is authorized to issue
patent to lands lying within the Cache La
Poudre Wild and Scenic River study corridor.
Upon completion of the exchange, the Secretary
of Agriculture shall transfer to the administrative jurisdiction by the Secretary of the Interior
the portion of such land lying within the boundary of the Rocky Mountain National Park as revised by this Act.
(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

§ 192b–10

TITLE 16—CONSERVATION

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.
(Pub. L. 96–560, title I, § 111, Dec. 22, 1980, 94 Stat.
3271.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (b), is Pub. L.
96–560, Dec. 22, 1980, 94 Stat. 3265, which enacted this
section and enacted provisions set out as notes under
sections 1132 and 1133 of this title. For complete classification of this Act to the Code, see Tables.
Public Law 95–450 (92 Stat. 1099), referred to in subsec.
(a), is Pub. L. 95–450, Oct. 11, 1978, 92 Stat. 1095, as
amended, known as the Indian Peaks Wilderness Area,
the Arapaho National Recreation Area and the Oregon
Islands Wilderness Area Act, which is classified principally to subchapter XCIV (§ 460jj et seq.) of this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 460jj of this
title and Tables.
ENCOURAGEMENT OF LAND EXCHANGES
Pub. L. 104–333, div. I, title IV, § 408(b), Nov. 12, 1996,
110 Stat. 4153, provided that:
‘‘(1) LANDS INSIDE ROCKY MOUNTAIN NATIONAL PARK.—
Promptly following enactment of this Act [Nov. 12,
1996], the Secretary of the Interior shall seek to acquire
by donation or exchange those lands within the boundaries of Rocky Mountain National Park owned by the

Page 150

city of Longmont, Colorado, that are referred to in section 111(d) of the Act commonly referred to as the ‘Colorado Wilderness Act of 1980’ (Public Law 96–560; 94
Stat. 3272; 16 U.S.C. 192b–9(d)).
‘‘(2) OTHER LANDS.—The Secretary of Agriculture
shall immediately and actively pursue negotiations
with the city of Longmont, Colorado, concerning the
city’s proposed exchange of lands owned by the city and
located in and near Coulson Gulch for other lands
owned by the United States. The Secretary shall report
to Congress 2 calendar years after the date of enactment of this Act [Nov. 12, 1996], and every 2 years thereafter on the progress of such negotiations until negotiations are complete.’’

§ 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.
(Pub. L. 101–192, § 1, Nov. 29, 1989, 103 Stat. 1700.)
§ 192c. Vested rights
Nothing contained in this section and section
192b of this title 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 June 21,
1930, whether for homestead, mineral, rights-ofway, 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.

Page 151

§ 196

TITLE 16—CONSERVATION

(June 21, 1930, ch. 561, § 2, 46 Stat. 792.)
§ 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, rightof-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, section 79 of this
title shall be applicable to the lands included
within the park.
(Jan. 26, 1915, ch. 19, § 2, 38 Stat. 800; Jan. 26, 1931,
ch. 47, § 7, 46 Stat. 1044.)
REFERENCES IN TEXT
Herein, referred to in text, means act Jan. 26, 1915,
which is classified to sections 191 and 193 to 195a of this
title. For complete classification of this Act to the
Code, see Tables.
Section 79 of this title, referred to in text, was in the
original a reference to act Feb. 15, 1901, ch. 372, 31 Stat.
790. For further details, see Codification note set out
under section 79 of this title.
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.

deem necessary and advisable for the protection
and improvement of the park. The regulations
governing the park shall include provisions for
the use of automobiles therein. The Secretary of
the Interior is authorized to accept patented
lands or rights of way over patented lands in the
Rocky Mountain National Park, that may be donated for park purposes.
(Jan. 26, 1915, ch. 19, § 4, 38 Stat. 800; June 12,
1917, ch. 27, § 1, 40 Stat. 152; Mar. 1, 1919, ch. 88,
40 Stat. 1270.)
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.
OBLIGATION OF FEES FOR TRANSPORTATION SERVICES
AT ZION OR ROCKY MOUNTAIN NATIONAL PARKS
Pub. L. 108–7, div. F, title I, § 140, Feb. 20, 2003, 117
Stat. 244, provided that: ‘‘In fiscal year 2003 and each
fiscal year thereafter, notwithstanding any other provision of law, with respect to a service contract for the
provision solely of transportation services at Zion National Park or Rocky Mountain National Park, the
Secretary of the Interior may obligate the expenditure
of fees expected to be received in that fiscal year before
the fees are received, so long as total obligations do not
exceed fee collections retained at Zion National Park
or Rocky Mountain National Park, respectively, by the
end of that fiscal year.’’

§ 194. Lands held in private, municipal, or State
ownership not affected

EXPENDITURE OF FUNDS OUTSIDE AUTHORIZED
BOUNDARY OF ROCKY MOUNTAIN NATIONAL PARK

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 sections 191, 193, 195,
and 195a of this title.

Pub. L. 104–333, div. I, title VIII, § 810, Nov. 12, 1996, 110
Stat. 4189, provided that: ‘‘The Secretary of the Interior is authorized to collect and expend donated funds
and expend appropriated funds for the operation and
maintenance of a visitor center to be constructed for
visitors to and administration of Rocky Mountain National Park with private funds on privately owned
lands located outside the boundary of the park.’’

(Jan. 26, 1915, ch. 19, § 3, 38 Stat. 800.)
§ 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 section 3 of this title and not inconsistent with this section, he shall 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, 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 the natural conditions and scenic beauties thereof. The said Secretary may, in
his discretion, execute leases to parcels of
ground not exceeding twenty acres in extent in
any one place to any person or company for 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

§ 195a. North St. Vrain Creek and adjacent lands
Neither the Secretary of the Interior nor any
other Federal agency or officer may approve or
issue any permit for, or provide any assistance
for, the construction of any new dam, reservoir,
or impoundment on any segment of North St.
Vrain Creek or its tributaries within the boundaries of Rocky Mountain National Park or on
the main stem of North St. Vrain Creek downstream to the point at which the creek crosses
the elevation 6,550 feet above mean sea level.
Nothing in this section shall be construed to
prevent the issuance of any permit for the construction of a new water gauging station on
North St. Vrain Creek at the point of its confluence with Coulson Gulch.
(Jan. 26, 1915, ch. 19, § 5, as added Pub. L. 104–333,
div. I, title IV, § 408(a), Nov. 12, 1996, 110 Stat.
4153.)
§ 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

§ 197

TITLE 16—CONSERVATION

maintenance and operation in its present height
and capacity, of the Arbuckle Number 2 Reservoir.
(June 9, 1926, ch. 515, § 2, 44 Stat. 714.)
§ 197. Applicability of other laws
The provisions of sections 1, 2, 3, 4, 191, and 193
to 195a of this title and all Acts supplementary
to and amendatory of said sections are made applicable to and extended over the lands hereby
added to the park: Provided, That the provisions
of the Federal Power Act [16 U.S.C. 791a et seq.]
shall not apply to or extend over such lands.
(June 9, 1926, ch. 515, § 3, 44 Stat. 714.)
REFERENCES IN TEXT
Hereby, referred to in text, means by act June 9, 1926,
which is classified to sections 192a, 196, and 197 of this
title.
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 791a of this title. The Federal Power Act
is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
and is classified generally to chapter 12 (§ 791a et seq.)
of this title. For complete classification of this Act to
the Code, see section 791a of this title and Tables.

§ 198. Exclusive jurisdiction; assumption
United States; saving provisions

by

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, 45 Stat. 1536.)

Page 152

§§ 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, 45 Stat. 1537,
related to inclusion of park in a judicial district. See
section 85 of Title 28, Judiciary and Judicial Procedure.
Section 198b, act Mar. 2, 1929, ch. 583, § 3, 45 Stat. 1537,
related to punishment for offenses. See section 18 of
Title 18, Crimes and Criminal Procedure.

§ 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, 45 Stat. 1537.)
REFERENCES IN TEXT
This Act, referred to in text, is act Mar. 2, 1929, which
is classified to sections 198 to 198j of this title. For
complete classification of this Act to the Code, see
Tables.

Page 153

TITLE 16—CONSERVATION

§ 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, 45 Stat. 1538.)
REFERENCES IN TEXT
This Act, referred to in text, is act Mar. 2, 1929, which
is classified to sections 198 to 198j of this title. For
complete classification of this Act to the Code, see
Tables.

§§ 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, 45 Stat.
1538; June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to
appointment and jurisdiction of commissioner. See provisions covering United States magistrate judges in
section 631 et seq. of Title 28, Judiciary and Judicial
Procedures.
Section 198f, act Mar. 2, 1929, ch. 583, § 7, 45 Stat. 1538,
related to issuance of process and arrest. See sections
3041 and 3141 of Title 18, Crimes and Criminal Procedure, and rules 4, 5(c), and 9 of Federal Rules of Criminal Procedure, Title 18, Appendix.
Section 198g, act Mar. 2, 1929, ch. 583, § 8, 45 Stat. 1538,
related to whom process is directed and arrest without
process. See section 3053 of Title 18, Crimes and Criminal Procedure, rule 4 of Federal Rules of Criminal Procedure, Title 18, Appendix, and rule 4 of Federal Rules
of Civil Procedure, Title 28, Appendix, Judiciary and
Judicial Procedure.
Section 198h, acts Mar. 2, 1929, ch. 583, § 9, 45 Stat.
1539; June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to
salary.
Section 198i, act Mar. 2, 1929, ch. 583, § 10, 45 Stat. 1539,
related to fees, costs, and expenses.
Section 198j, act Mar. 2, 1929, ch. 583, § 11, 45 Stat. 1539,
related to disposition of fines and costs.

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 cor-

§ 201

ner 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

§ 201a

TITLE 16—CONSERVATION

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 sections 202 and 203 of this title. No lands within
the limits of said park created belonging to or
claimed by any railroad or other corporation
having or claiming on August 9, 1916, 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 said park.
(Aug. 9, 1916, ch. 302, § 1, 39 Stat. 442; Jan. 26,
1931, ch. 47, § 4, 46 Stat. 1043; Pub. L. 92–510, § 4,
Oct. 19, 1972, 86 Stat. 918.)
REFERENCES IN TEXT
The land laws of the United States, referred to in
text, are classified generally to Title 43, Public Lands.
AMENDMENTS
1972—Pub. L. 92–510 struck out provision that ‘‘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.’’
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
ACCEPTANCE OF CERTAIN LAND
Act May 21, 1928, ch. 658, 45 Stat. 644, provided that:
‘‘The Secretary of the Interior be, and he is hereby, 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 Act shall,
upon acceptance of title, become a part of Lassen Volcanic National Park.’’

§ 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 be-

Page 154

tween 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

Page 155

§ 204

TITLE 16—CONSERVATION

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, 45 Stat. 1081.)
§ 201b. Sections applicable to lands within revised boundaries
The provisions of sections 1, 2, 3, 4, 201, 202,
and 203 of this title and all Acts supplementary
to and amendatory of said sections are made applicable to and extended over the lands added to
the park by section 201a of this title: Provided,
That the provisions of the Federal Power Act [16
U.S.C. 791a et seq.] shall not apply to or extend
over such lands.
(Jan. 19, 1929, ch. 75, § 2, 45 Stat. 1082.)
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 791a of this title. The Federal Power Act
is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
and is classified generally to chapter 12 (§ 791a et seq.)
of this title. For complete classification of this Act to
the Code, see section 791a of this title and Tables.

§ 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
section 3 of this title insofar as not inconsistent
with this section. Such regulations shall be
aimed primarily at the freest use of the said
park for recreation purposes by the public and
for the preservation from injury or spoliation of
all timber, mineral deposits, and natural curiosities or wonders within said park and their retention in their natural condition as far as practicable and for the preservation of the park in a
state of nature so far as is consistent with the
purposes of this section and sections 201 and 203
of this title. He shall provide against the wanton
destruction of the fish and game found within
said park and against their capture or destruction for purposes of merchandise or profit, and
generally shall be authorized to take all such
measures as shall be necessary to fully carry out
the objects and purposes of said sections. He
may, in his discretion, execute leases to parcels
of ground not exceeding 10 acres in extent at any
one place to any one person or persons or company for not to exceed 20 years when such
ground is necessary for the erection of buildings

for the accommodation of visitors and to parcels
of ground not exceeding one acre in extent and
for not to exceed 20 years to persons who have
heretofore erected, or whom he may hereafter
authorize to erect, summer homes or cottages.
Such leases or privileges may be renewed or extended at the expiration of the terms thereof.
No exclusive privilege, however, shall be granted
within the park except upon the ground leased.
The regulations governing the park shall include provisions for the use of automobiles
therein and the reasonable grazing of stock.
(Aug. 9, 1916, ch. 302, § 2, 39 Stat. 444.)
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 section 3 of this
title, derived from act Aug. 25, 1916, ch. 408, § 3, 39 Stat.
535, authorizing the Secretary of the Interior to make
and publish rules and regulations applicable to National Parks.

§ 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, 46 Stat. 1043.)
§ 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 sections 201 and 202 of
this title.
(Aug. 9, 1916, ch. 302, §§ 3, 4, 39 Stat. 444.)
§ 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 jurisdic-

§§ 204a, 204b

TITLE 16—CONSERVATION

tion 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, 45 Stat. 463.)
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, 45 Stat. 463,
related to inclusion of park in a judicial district. See
section 84 of Title 28, Judiciary and Judicial Procedure.
Section 204b, act Apr. 26, 1928, ch. 438, § 3, 45 Stat. 463,
related to application of California laws to offenses.
See section 13 of Title 18, Crimes and Criminal Procedure.

§ 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

Page 156

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, 45 Stat. 463.)
REFERENCES IN TEXT
This Act, referred to in text, is act Apr. 26, 1928,
which is classified to sections 204 to 204j of this title.
For complete classification of this Act to the Code, see
Tables.

§ 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, 45 Stat. 464.)
REFERENCES IN TEXT
This Act, referred to in text, is act Apr. 26, 1928,
which is classified to sections 204 to 204j of this title.
For complete classification of this Act to the Code, see
Tables.

§§ 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, 45 Stat. 464;
June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to appointment and jurisdiction of commissioner. See provisions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure.
Section 204f, act Apr. 26, 1928, ch. 438, § 7, 45 Stat. 465,
related to issuance of process. See sections 3041 and 3141
of Title 18, Crimes and Criminal Procedure, and rules 4,
5(c), and 9 of Federal Rules of Criminal Procedure,
Title 18, Appendix.
Section 204g, act Apr. 26, 1928, ch. 438, § 8, 45 Stat. 465,
related to issuance of process and arrest without process. See section 3053 of Title 18, Crimes and Criminal
Procedure, Rule 4 of Federal Rules of Criminal Procedure, Title 18, Appendix, and rule 4 of Federal Rules of
Civil Procedure, Title 28, Appendix, Judiciary and Judicial Procedure.
Section 204h, acts Apr. 26, 1928, ch. 438, § 9, 45 Stat.
465; June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to
commissioner’s [now magistrate judge’s] salary.
Section 204i, act Apr. 26, 1928, ch. 438, § 10, 45 Stat. 465,
related to fees, costs and expenses against the United
States.

Page 157

§ 207

TITLE 16—CONSERVATION

Section 204j, act Apr. 26, 1928, ch. 438, § 11, 45 Stat. 465,
related to disposition of fines and costs.

§ 205a. Sections made applicable to additional
lands

§ 204k. Addition of lands

The provisions of sections 1, 2, 3, 4, 201, 202,
and 203 of this title and all Acts supplementary
to and amendatory of said sections are made applicable to and extended over the lands added to
the park: Provided, That the provisions of the
Federal Power Act [16 U.S.C. 791a et seq.] shall
not apply to or extend over such 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, 46 Stat. 853.)
§ 204l. Application of Federal Power Act
The provisions of the Federal Power Act [16
U.S.C. 791a et seq.], shall not apply to any lands
added to the Lassen Volcanic National Park
under the authority of section 204k of this title.
(July 3, 1930, ch. 834, § 2, 46 Stat. 853.)
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 section 791a of this title. The Federal
Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as
amended, and is classified generally to chapter 12
(§ 791a et seq.) of this title. For complete classification
of this Act to the Code, see section 791a of this title and
Tables.

§ 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-ofway 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, 46 Stat. 853.)
REFERENCES IN TEXT
Herein, referred to in text, means act July 3, 1930,
which is classified to sections 204k to 204m of this title.
For complete classification of this Act to the Code, see
Tables.

§ 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, 45 Stat. 466.)

(Apr. 26, 1928, ch. 439, § 2, 45 Stat. 466.)
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 791a of this title. The Federal Power Act
is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
and is classified generally to chapter 12 (§ 791a et seq.)
of this title. For complete classification of this Act to
the Code, see section 791a of this title and Tables.

§ 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, 45 Stat. 1443.)
§ 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

§ 207a

TITLE 16—CONSERVATION

east, Mount Diablo base and meridian: Provided,
That the land acquired by the United States
under this section and section 207a of this title
shall, upon acceptance of title, become and be a
part of the Lassen Volcanic National Park and
subject to all laws and regulations relating to
the lands therein, and the land exchanged therefor shall, upon issuance of patent, be excluded
from the park.
(Apr. 19, 1930, ch. 191, § 1, 46 Stat. 222.)
§ 207a. Application of Federal Power Act to lands
acquired under section 207
The provisions of the Federal Power Act [16
U.S.C. 791a et seq.] shall not apply to or extend
over the land acquired for inclusion in the
Lassen Volcanic National Park in accordance
with the provisions of this section and section
207 of this title.
(Apr. 19, 1930, ch. 191, § 2, 46 Stat. 222.)
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 791a of this title. The Federal Power Act
is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
and is classified generally to chapter 12 (§ 791a et seq.)
of this title. For complete classification of this Act to
the Code, see section 791a of this title and Tables.

§ 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, 45 Stat. 644.)
§ 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

Page 158

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.
(Pub. L. 87–129, Aug. 10, 1961, 75 Stat. 319.)
SUBCHAPTER XXIII—ABRAHAM LINCOLN
BIRTHPLACE NATIONAL HISTORICAL PARK
§ 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, 39 Stat. 385; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
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, 61 Stat. 501. Section 205(a) of act July 26,
1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
TRANSFER OF FUNCTIONS
Transfer of control of Abraham Lincoln National
Park [now Abraham Lincoln Birthplace National Historical Park] to the Office of National Parks, Buildings
and Reservations in the Department of the Interior, see
section 2 of Ex. Ord. No. 6166, June 10, 1933, set out as
a note under section 901 of Title 5, Government Organization and Employees. This office was designated the
National Park Service in the Department of the Interior by act Mar. 2, 1934, ch. 38, 48 Stat. 389.

§ 212. Endowment fund; protection and preservation
The United States of America also accepts
title to the endowment fund of $50,000 mentioned

Page 159

§ 215

TITLE 16—CONSERVATION

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, 39 Stat. 385; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
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, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.

§ 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, 39 Stat. 386; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
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, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of a Secretary of the
Army.

§ 214. Rules and regulations
Abraham Lincoln Birthplace National Historical Park shall be under the control of the Na-

tional Park Service and administered under
such regulations not inconsistent with law as it
may from time to time prescribe.
(July 17, 1916, ch. 247, § 4, 39 Stat. 386; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389;
Aug. 11, 1939, ch. 686, 53 Stat. 1405; Pub. L. 86–231,
Sept. 8, 1959, 73 Stat. 466; Pub. L. 111–11, title
VII, § 7114(b), Mar. 30, 2009, 123 Stat. 1202.)
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.’’ Sections 211 and 212 of this title, refer to the
lands as a national park or reservation.
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
‘‘Abraham Lincoln Birthplace National Historical
Park’’ substituted for ‘‘Abraham Lincoln Birthplace
National Historic Site’’ pursuant to Pub. L. 111–11.
‘‘Abraham Lincoln Birthplace National Historic
Site’’ substituted for ‘‘Abraham Lincoln National Historical Park’’ pursuant to Pub. L. 86–231.
‘‘Abraham Lincoln National Historical Park’’ substituted for ‘‘Abraham Lincoln National Park’’ pursuant to act Aug. 11, 1939.
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 section 901 of Title 5, Government Organization
and Employees. This service designated the National
Park Service in Department of the Interior by act Mar.
2, 1934.
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5.

§ 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
Historical Park or Reservation established
under sections 211 to 214 of this title, the National Park Service is authorized and directed
to provide for (1) the improvement of such existing roadways, walks, and buildings in such park
or reservation; and (2) the planting of such trees,
plants, and shrubbery; the construction of such
additional roadways, walks, and buildings, and
of such fences, parking spaces, drainage structures, culverts, and bridges; and the making of
such other improvements, as in its judgment
may be necessary for the preservation, beautification, and protection from disintegration of
such park or reservation, including the log cabin
in which Abraham Lincoln was born and the me-

§ 216

TITLE 16—CONSERVATION

morial hall inclosing the same, and which may
serve to render such park or reservation convenient for the appropriate use and enjoyment by
the public.
(Feb. 11, 1929, ch. 176, § 1, 45 Stat. 1162; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389;
Aug. 11, 1939, ch. 686, 53 Stat. 1405; Pub. L. 86–231,
Sept. 8, 1959, 73 Stat. 466; Pub. L. 111–11, title
VII, § 7114(b), Mar. 30, 2009, 123 Stat. 1202.)
CHANGE OF NAME
‘‘Abraham Lincoln Birthplace National Historical
Park’’ substituted for ‘‘Abraham Lincoln Birthplace
National Historic Site’’ pursuant to Pub. L. 111–11.
‘‘Abraham Lincoln Birthplace National Historic
Site’’ substituted for ‘‘Abraham Lincoln National Historical Park’’ pursuant to Pub. L. 86–231.
‘‘Abraham Lincoln National Historical Park’’ substituted for ‘‘Abraham Lincoln National Park’’ pursuant to act Aug. 11, 1939.
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 section 901 of Title 5, Government Organization
and Employees. This service designated the National
Park Service in Department of the Interior by act Mar.
2, 1934.
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5.

§ 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 section 215
of this title; and authorization is also given for
such appropriations as may, in the future, be
deemed necessary for the proper protection,
preservation, care, maintenance, and operation
of the said national park or reservation, including the salaries and compensation of a superintendent and other needed employees.
(Feb. 11, 1929, ch. 176, § 2, 45 Stat. 1162.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 217. Change in name of Abraham Lincoln National Park
The Abraham Lincoln National Park, in the
State of Kentucky, authorized by sections 211 to
214 of this title, shall hereafter be called and
known as the ‘‘Abraham Lincoln National Historical Park’’, and all moneys heretofore or
hereafter appropriated for this area under previous designations may be used in this area as
redesignated.

Page 160

(Aug. 11, 1939, ch. 686, 53 Stat. 1405.)
CODIFICATION
Portion of act Aug. 11, 1939, relating to Fort McHenry
National Monument and Historic Shrine is set out as
section 440a of this title.
CHANGE OF NAME
Abraham Lincoln National Historical Park was renamed Abraham Lincoln Birthplace National Historic
Site by Pub. L. 86–231, Sept. 8, 1959, 73 Stat. 466, and
then was renamed Abraham Lincoln Birthplace National Historical Park by Pub. L. 111–11, title VII,
§ 7114(a), Mar. 30, 2009, 123 Stat. 1202.

§ 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.
(Pub. L. 86–231, Sept. 8, 1959, 73 Stat. 466.)
CHANGE OF NAME
Abraham Lincoln Birthplace National Historic Site
was renamed Abraham Lincoln Birthplace National
Historical Park by Pub. L. 111–11, title VII, § 7114(a),
Mar. 30, 2009, 123 Stat. 1202.

§ 217b. Abraham Lincoln Birthplace National Historical Park
(a) Designation
The Abraham Lincoln Birthplace National
Historic Site in the State of Kentucky shall be
known and designated as the ‘‘Abraham Lincoln
Birthplace National Historical Park’’.
(b) References
Any reference in a law, map, regulation, document, paper, or other record of the United
States to the Abraham Lincoln Birthplace National Historic Site shall be deemed to be a reference to the ‘‘Abraham Lincoln Birthplace National Historical Park’’.
(Pub. L. 111–11, title VII, § 7114, Mar. 30, 2009, 123
Stat. 1202.)
§ 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 Historical
Park 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,

Page 161

§ 221

TITLE 16—CONSERVATION

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, 63 Stat. 140; Pub. L. 86–231,
Sept. 8, 1959, 73 Stat. 466; Pub. L. 111–11, title
VII, § 7114(b) Mar. 30, 2009, 123 Stat. 1202.)
CHANGE OF NAME
‘‘Abraham Lincoln Birthplace National Historical
Park’’ substituted for ‘‘Abraham Lincoln Birthplace
National Historic Site’’ in introductory provisions pursuant to Pub. L. 111–11.
‘‘Abraham Lincoln Birthplace National Historic
Site’’ substituted for ‘‘Abraham Lincoln National Historical Park’’ in introductory provisions pursuant to
Pub. L. 86–231.

§ 218a. Abraham Lincoln Birthplace National Historical Park, Kentucky
(a) In general
Upon acquisition of the land known as Knob
Creek Farm pursuant to subsection (b) of this
section, the boundary of the Abraham Lincoln
Birthplace National Historical Park, established
by sections 211 to 214 of this title, is revised to
include such land. Lands acquired pursuant to
this section shall be administered by the Secretary of the Interior as part of the historic site.
(b) Acquisition of Knob Creek Farm
The Secretary of the Interior may acquire, by
donation only, the approximately 228 acres of
land known as Knob Creek Farm in Larue County, Kentucky, as generally depicted on a map
entitled ‘‘Knob Creek Farm Unit, Abraham Lincoln National Historic Site’’, numbered 338/
80,077, and dated October 1998. Such map shall be
on file and available for public inspection in the
appropriate offices of the National Park Service.
(c) Study and report
The Secretary of the Interior shall study the
Knob Creek Farm in Larue County, Kentucky,
and not later than 1 year after November 6, 1998,
submit a report to the Congress containing the
results of the study. The purpose of the study
shall be to:
(1) Identify significant resources associated
with the Knob Creek Farm and the early boyhood of Abraham Lincoln.
(2) Evaluate the threats to the long-term
protection of the Knob Creek Farm’s cultural,
recreational, and natural resources.
(3) Examine the incorporation of the Knob
Creek Farm into the operations of the Abraham Lincoln Birthplace National Historical
Park and establish a strategic management
plan for implementing such incorporation. In
developing the plan, the Secretary shall—
(A) determine infrastructure requirements
and property improvements needed at Knob
Creek Farm to meet National Park Service
standards;
(B) identify current and potential uses of
Knob Creek Farm for recreational, interpretive, and educational opportunities; and
(C) project costs and potential revenues associated with acquisition, development, and
operation of Knob Creek Farm.
(d) Authorization
There are authorized to be appropriated such
sums as may be necessary to carry out subsection (c) of this section.

(Pub. L. 105–355, title V, § 510, Nov. 6, 1998, 112
Stat. 3265; Pub. L. 111–11, title VII, § 7114(b), Mar.
30, 2009, 123 Stat. 1202.)
CHANGE OF NAME
‘‘Abraham Lincoln Birthplace National Historical
Park’’ substituted for ‘‘Abraham Lincoln Birthplace
National Historic Site’’ in section catchline and in subsecs. (a) and (c)(3) pursuant to Pub. L. 111–11.

SUBCHAPTER XXIV—GRAND CANYON
NATIONAL PARK
§ 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

§ 221a

TITLE 16—CONSERVATION

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, at 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

Page 162

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, 40 Stat. 1175.)
SHORT TITLE
Section 1 of Pub. L. 93–620, Jan. 3, 1975, 88 Stat. 2089,
provided that: ‘‘This act [enacting sections 228a to 228j
of this title, amending section 227 of this title, and repealing section 223 of this title] may be cited as the
‘Grand Canyon National Park Enlargement Act’.’’

§ 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 di-

Page 163

§ 221c

TITLE 16—CONSERVATION

vide 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 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, 44 Stat. 1238.)
§ 221b. Various laws made applicable to added
lands
The provisions of sections 1, 2, 3, 4, 221, 222, 224,
225, 227, 228, and 687 of this title and all acts supplementary to and amendatory of said sections
are made applicable to and extended over the
lands hereby added to the park: Provided, That
the provisions of the Federal Power Act [16
U.S.C. 791a et seq.] shall not apply to or extend
over such lands.
(Feb. 25, 1927, ch. 197, § 2, 44 Stat. 1240.)
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 791a of this title. The Federal Power Act
is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
and is classified generally to chapter 12 (§ 791a et seq.)
of this title. For complete classification of this Act to
the Code, see section 791a of this title and Tables.

§ 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 fivetenths 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

§ 221d

TITLE 16—CONSERVATION

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, 44 Stat. 497.)
§ 221d. Relinquishment of interest in road
Upon the completion of the exchange authorized by section 221c of this title there shall be,
and is, relinquished and quit-claimed to said
owner any right, title, and interest that the
United States of America may have in and to
the now existing road over other land of said
owner in the Grand Canyon National Park, the
center line of said road being described as follows: Beginning at a point approximately at the
south quarter section corner of section 17, township 30 north, range 4 east, Gila and Salt River
meridian, Arizona, thence north ten degrees
eleven minutes west, five hundred feet; thence
north thirty-six degrees six minutes west, one
hundred and forty-five feet; thence north fortytwo degrees sixteen minutes west, one thousand
seven hundred feet to the east line of the west
half of the west half of said section 17.
(May 10, 1926, ch. 281, § 2, 44 Stat. 498.)
§ 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

Page 164

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, 45 Stat. 234.)
§ 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 sections 1, 2, 3, and 4 of
this title. All concessions for hotels, camps,
transportation, and other privileges of every
kind and nature for the accommodation or entertainment of visitors shall be let at public bidding to the best and most responsible bidder.
Under such terms and conditions as he deems
advisable and consistent with the requirements
of section 9701 of title 31, the Secretary is authorized, without derogation of any of the water
rights of the United States and notwithstanding
any provision of law to the contrary, to sell by
contract water located within Grand Canyon National Park for the use of customers within
Tusayan, Arizona, to a nonprofit entity authorized to receive and distribute water within
Tusayan, Arizona by the laws of the State of
Arizona, upon his determination that such sale
is not detrimental to the protection of the resources of Grand Canyon National Park or its
visitors and that appropriate measures to provide for such protection, including a right of immediate termination, are included in the transaction.
(Feb. 26, 1919, ch. 44, § 2, 40 Stat. 1177; Pub. L.
95–586, title XII, Nov. 3, 1978, 92 Stat. 2495.)
CODIFICATION
‘‘Section 9701 of title 31’’ substituted in text for ‘‘section 483a of title 31’’ on authority of Pub. L. 97–258,
§ 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
which enacted Title 31, Money and Finance.
AMENDMENTS
1978—Pub. L. 95–586 inserted provisions authorizing
the Secretary to contract for the sale of water located
within the park for use of customers within Tusayan,
Arizona.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
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 Pub. L. 86–258, Sept. 14, 1959, 73 Stat.

Page 165

§ 228b

TITLE 16—CONSERVATION

546, as amended, formerly set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§ 223. Repealed. Pub. L. 93–620, § 10(f), Jan. 3,
1975, 88 Stat. 2093
Section, act Feb. 26, 1919, ch. 44, § 3, 40 Stat. 1177, enumerated occupancy rights of the Havasupai Indians.
See section 228i of this title and Codification note set
out thereunder.

§ 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, 40 Stat. 1177.)
REFERENCES IN TEXT
Herein, referred to in text, means act Feb. 26, 1919,
which is classified to sections 221, 222 to 228, and 687 of
this title. 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.
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.

§ 225. Laws applicable; easements and rights-ofway
Whenever consistent with the primary purposes of Grand Canyon National Park, section 79
of this title and subsequent Acts shall be applicable to the lands included within the park. The
Secretary of the Interior may, in his discretion
and upon such conditions as he may deem proper, grant easements or rights of way for railroads upon or across the park.
(Feb. 26, 1919, ch. 44, § 5, 40 Stat. 1178.)
REFERENCES IN TEXT
Section 79 of this title, referred to in text, was in the
original a reference to act Feb. 15, 1901, ch. 372, 31 Stat.
790. For further details, see Codification note set out
under section 79 of this title.

§ 226. Omitted
CODIFICATION
Section, act Feb. 26, 1919, ch. 44, § 6, 40 Stat. 1178, authorized Secretary of the Interior to permit prospecting, development, and utilization of the mineral resources within Grand Canyon National Park. Act Jan.

26, 1931, ch. 47, § 1, 46 Stat. 1043, provided that no permit, license, lease for the prospecting, development, or
utilization of the mineral resources within the Grand
Canyon National Park should be granted after January
26, 1931.

§ 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 sections 228a to
228j of this title, which may be necessary for the
development and maintenance of a Government
reclamation project.
(Feb. 26, 1919, ch. 44, § 7, 40 Stat. 1178; Pub. L.
93–620, § 9(b), Jan. 3, 1975, 88 Stat. 2091.)
AMENDMENTS
1975—Pub. L. 93–620 substituted provisions authorizing utilization of areas formerly within Lake Mead National Recreation Area and added to the Grand Canyon
National Park by sections 228a to 228j of this title, for
provisions authorizing utilization of areas within the
Park.

§ 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, 40 Stat. 1178.)
§ 228a. Enlargement of boundaries; statement of
purpose
It is the object of sections 228a to 228j of this
title to provide for the recognition by Congress
that the entire Grand Canyon, from the mouth
of the Paria River to the Grand Wash Cliffs, including tributary side canyons and surrounding
plateaus, is a natural feature of national and
international significance. Congress therefore
recognizes the need for, and in sections 228a to
228j of this title provides for, the further protection and interpretation of the Grand Canyon in
accordance with its true significance.
(Pub. L. 93–620, § 2, Jan. 3, 1975, 88 Stat. 2089.)
SHORT TITLE
For short title of sections 228a to 228j of this title as
the ‘‘Grand Canyon National Park Enlargement Act’’,
see Short Title note set out under section 221 of this
title.

§ 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

§ 228c

TITLE 16—CONSERVATION

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 sections 228a to 228j of this
title, the Grand Canyon National Monument and
the Marble Canyon National Monument are
abolished.
(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.
(Pub. L. 93–620, § 3, Jan. 3, 1975, 88 Stat. 2090.)
REFERENCES IN TEXT
The Navajo Boundary Act of 1934, referred to in subsec. (a), is act June 14, 1934, ch. 521, 48 Stat. 960, which
was not classified to the Code.

§ 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 sections 228a to
228j of this title, the Secretary of the Interior
(hereinafter referred to as the ‘‘Secretary’’) may
acquire land and interest in land by donation,
purchase with donated or appropriated funds, or
exchange.
(b) Federal lands within the boundaries of
such park are hereby transferred to the jurisdiction of the Secretary for the purposes of sections 228a to 228j of this title.
(Pub. L. 93–620, § 4, Jan. 3, 1975, 88 Stat. 2090.)
§ 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 sections 228a to 228j of this title (1) land or interest
in land owned by the State of Arizona or any political subdivision thereof may be acquired by
the Secretary under sections 228a to 228j of this
title only by donation or exchange and (2) no
land or interest in land, which is held in trust
for any Indian tribe or nation, may be transferred to the United States under sections 228a
to 228j of this title or for purposes of sections
228a to 228j of this title except after approval by
the governing body of the respective Indian
tribe or nation.

Page 166

(Pub. L. 93–620, § 5, Jan. 3, 1975, 88 Stat. 2090.)
§ 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 sections 228a to
228j of this title, the Secretary is authorized and
encouraged to enter into cooperative agreements with other Federal, State, and local public departments and agencies and with interested Indian tribes providing for the protection
and interpretation of the Grand Canyon in its
entirety. Such agreements shall include, but not
be limited to, authority for the Secretary to develop and operate interpretative facilities and
programs on lands and waters outside of the
boundaries of such park, with the concurrence of
the owner or administrator thereof, to the end
that there will be a unified interpretation of the
entire Grand Canyon.
(Pub. L. 93–620, § 6, Jan. 3, 1975, 88 Stat. 2090.)
§ 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 sections
228a to 228j of this title, are legally occupied or
utilized on January 3, 1975, for grazing purposes,
pursuant to a Federal lease, permit, or license,
the Secretary shall permit the persons holding
such grazing privileges to continue in the exercise thereof during the term of the lease, permit,
or license, and periods of renewal thereafter:
Provided, That no such renewals shall be extended beyond the period ending ten years from
January 3, 1975, except that any present lease,
permit, or license within the boundaries of the
Grand Canyon National Monument as abolished
by section 228b(b) of this title may be renewed
during the life of the present holder which renewals shall terminate upon the death of the
present holder.
(Pub. L. 93–620, § 7, Jan. 3, 1975, 88 Stat. 2091.)
§ 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
sections 228a to 228j of this title, including the
airspace below the rims of the canyon, which is
likely to cause an injury to the health, welfare,
or safety of visitors to the park or to cause a
significant adverse effect on the natural quiet
and experience of the park, the Secretary shall
submit to the Federal Aviation Administration,
the Environmental Protection Agency pursuant
to the Noise Control Act of 1972 [42 U.S.C. 4901 et
seq.], or any other responsible agency or agencies such complaints, information, or recommendations for rules and regulations or other
actions as he believes appropriate to protect the
public health, welfare, and safety or the natural
environment within the park. After reviewing

Page 167

TITLE 16—CONSERVATION

the submission of the Secretary, the responsible
agency shall consider the matter, and after consultation with the Secretary, shall take appropriate action to protect the park and visitors.
(Pub. L. 93–620, § 8, Jan. 3, 1975, 88 Stat. 2091.)
REFERENCES IN TEXT
The Noise Control Act of 1972, referred to in text, is
Pub. L. 92–574, Oct. 27, 1972, 86 Stat. 1234, as amended,
which is classified generally to chapter 65 (§ 4901 et seq.)
of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short
Title note set out under section 4901 of Title 42 and
Tables.
TRANSFER OF FUNCTIONS
‘‘Federal Aviation Administration’’ substituted in
text for ‘‘Federal Aviation Agency’’ pursuant to Pub. L.
89–670, Oct. 15, 1966, 80 Stat. 931, which transferred functions, powers, and duties of Federal Aviation Agency
and of Administrator and other offices and officers
thereof to Secretary of Transportation and established
Federal Aviation Administration in Department of
Transportation. See section 106 of Title 49, Transportation.

§ 228h. Construction with existing Colorado
River system reclamation provisions
Nothing in sections 228a to 228j of this title
shall be construed to alter, amend, repeal, modify, or be in conflict with the provisions of sections 1551 to 1556 of title 43.
(Pub. L. 93–620, § 9(a), Jan. 3, 1975, 88 Stat. 2091.)
§ 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 section 228b of this title, and consisting of approximately one hundred and
eighty-five thousand acres of land and any improvements thereon, are hereby declared to be
held by the United States in trust for the
Havasupai Tribe. Such map, which shall delineate a boundary line generally one-fourth of a
mile from the rim of the outer gorge of the
Grand Canyon of the Colorado River and shall
traverse Havasu Creek from a point on the rim
at Yumtheska Point to Beaver Falls to a point
on the rim at Ukwalla Point, shall be on file and
available for public inspection in the Offices of
the Secretary, Department of the Interior,
Washington, District of Columbia.
(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

§ 228i

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

§ 228i–1

TITLE 16—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 wellbeing shall be deemed available to the tribe on
these lands so long as such programs or projects
are consistent with the purposes of sections 228a
to 228j of this title. For these purposes, and for
the purpose of managing and preserving the resources of the Grand Canyon National Park, the
Secretary shall have the right of access to any
lands hereby included in the Havasupai Reservation. Nothing in sections 228a to 228j of this title
shall be construed to prohibit access by any
members of the tribe to any sacred or religious
places or burial grounds, native foods, paints,
materials, and medicines located on public lands
not otherwise covered in sections 228a to 228j of
this title.
(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 section 228b of this title, and consisting of approximately ninety-five thousand three hundred
acres of land, for grazing and other traditional
purposes.
(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 sections 228a to 228j of
this title, the Congress recognizes and declares
that all right, title, and interest in any lands
not otherwise declared to be held in trust for the
Havasupai Tribe or otherwise covered by sections 228a to 228j of this title is extinguished.
(Pub. L. 93–620, § 10, Jan. 3, 1975, 88 Stat. 2091;
Pub. L. 103–437, § 6(a)(2), Nov. 2, 1994, 108 Stat.
4583.)

Page 168
CODIFICATION

Provision of subsec. (f) of this section, which repealed
section 3 of act of Feb. 26, 1919 (40 Stat. 1177), set out
as section 223 of this title, has been omitted from this
section as executed. See note set out under section 223
of this title.
AMENDMENTS
1994—Subsec. (b)(4). Pub. L. 103–437 substituted ‘‘Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House
of Representatives’’ for ‘‘Committees on Interior and
Insular Affairs of the United States Congress’’.

§ 228i–1. Report to President
Within two years from January 3, 1975, 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.
(Pub. L. 93–620, § 11, as added Pub. L. 94–31, June
10, 1975, 89 Stat. 172.)
§ 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 sections 228a to 228j of this title, not
to exceed, however, $1,250,000, in the aggregate
for the period of the five fiscal years beginning
with the fiscal year ending June 30, 1974, for the
acquisition of lands and property, and not to exceed $49,000 for the fiscal year ending June 30,
1974, $255,000 for the fiscal year ending June 30,
1975, $265,000 for the fiscal year ending June 30,
1976, and $235,000 for the fiscal year ending June
30, 1977, 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
undertaken subsequent to January 3, 1975.
(Pub. L. 93–620, § 12, formerly § 11, Jan. 3, 1975, 88
Stat. 2093; renumbered § 12, Pub. L. 94–31, June
10, 1975, 89 Stat. 172.)
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.

SUBCHAPTER XXV—JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE
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 cul-

Page 169

TITLE 16—CONSERVATION

tural 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 generally
depicted on the map entitled ‘‘Boundary Map,
Barataria Preserve Unit, Jean Lafitte National
Historical Park and Preserve’’, numbered 467/
80100A, and dated December 2007, 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 Unit of the
Jean Lafitte National Historical Park and Preserve; 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.
(Pub. L. 95–625, title IX, §§ 901, 909, Nov. 10, 1978,
92 Stat. 3534, 3538; Pub. L. 100–250, § 1(a), Feb. 16,
1988, 102 Stat. 16; Pub. L. 111–11, title VII,
§ 7105(a), (f)(1)(B), (2)(B), Mar. 30, 2009, 123 Stat.
1191, 1193.)
AMENDMENTS
2009—Pub. L. 111–11, § 7105(f)(2)(B), which directed
amendment of title IX of Pub. L. 95–625 by substituting
‘‘Jean Lafitte National Historical Park and Preserve’’
for ‘‘Jean Lafitte National Historical Park’’ each place
it appears, was not executed to first sentence or cl. (1)
of second sentence of this section, to reflect the probable intent of Congress, because ‘‘Jean Lafitte National
Historical Park’’ already appeared in those places preceding ‘‘and Preserve’’.
Pub. L. 111–11, § 7105(a), in second sentence, substituted ‘‘generally depicted on the map entitled
‘Boundary Map, Barataria Preserve Unit, Jean Lafitte
National Historical Park and Preserve’, numbered 467/
80100A, and dated December 2007,’’ for ‘‘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,’’.
1988—Pub. L. 100–250 added cl. (4) and redesignated
former cls. (4) and (5) as (5) and (6), respectively.
CHANGE OF NAME
Pub. L. 111–11, title VII, § 7105(f)(1), Mar. 30, 2009, 123
Stat. 1193, provided that: ‘‘Any reference in a law (including regulations), map, document, paper, or other
record of the United States—
‘‘(A) to the Barataria Marsh Unit shall be considered to be a reference to the Barataria Preserve Unit;
or
‘‘(B) to the Jean Lafitte National Historical Park
shall be considered to be a reference to the Jean Lafitte National Historical Park and Preserve.’’
‘‘Jean Lafitte National Historical Park and Preserve’’ substituted for ‘‘Jean Lafitte National Historical Park’’ in cl. (5) pursuant to section 7105(f)(1)(B) of
Pub. L. 111–11, set out above.
‘‘Chalmette Unit of the Jean Lafitte National Historical Park’’ substituted for ‘‘Chalmette National Historical Park’’ pursuant to section 230h of this title.

§ 230a

LAURA C. HUDSON VISITOR CENTER
Pub. L. 104–333, div. I, title VIII, § 808, Nov. 12, 1996, 110
Stat. 4188, as amended by Pub. L. 111–11, title VII,
§ 7105(f)(1)(B), Mar. 30, 2009, 123 Stat. 1193, provided that:
‘‘(a) DESIGNATION.—The visitor center at Jean Lafitte
National Historical Park and Preserve, located at 419
Rue Decatur in New Orleans, Louisiana, is hereby designated as the ‘Laura C. Hudson Visitor Center’.
‘‘(b) LEGAL REFERENCES.—Any reference in any law,
regulation, paper, record, map, or any other document
of the United States to the visitor center referred to in
subsection (a) shall be deemed to be a reference to the
‘Laura C. Hudson Visitor Center’.’’

§ 230a. Acquisition of property
(a) In general
(1) Barataria Preserve Unit
(A) In general
The Secretary may acquire any land,
water, and interests in land and water within the Barataria Preserve Unit by donation,
purchase with donated or appropriated
funds, transfer from any other Federal agency, or exchange.
(B) Limitations
(i) In general
Any non-Federal land depicted on the
map described in section 230 of this title as
‘‘Lands Proposed for Addition’’ may be acquired by the Secretary only with the consent of the owner of the land.
(ii) Boundary adjustment
On the date on which the Secretary acquires a parcel of land described in clause
(i), the boundary of the Barataria Preserve
Unit shall be adjusted to reflect the acquisition.
(iii) Easements
To ensure adequate hurricane protection
of the communities located in the area,
any land identified on the map described
in section 230 of this title that is acquired
or transferred shall be subject to any easements that have been agreed to by the Secretary and the Secretary of the Army.
(C) Transfer of administration jurisdiction
Effective on March 30, 2009, administrative
jurisdiction over any Federal land within
the areas depicted on the map described in
section 230 of this title as ‘‘Lands Proposed
for Addition’’ is transferred, without consideration, to the administrative jurisdiction of
the National Park Service, to be administered as part of the Barataria Preserve Unit.
(2) French Quarter
The Secretary may acquire by any of the
methods referred to in paragraph (1)(A) such
lands and interests therein, including leasehold interests, as he may designate in the
French Quarter of New Orleans for development and operation as an interpretive and administrative facility.
(3) Acquisition of State land
Land, water, and interests in land and water
owned by the State of Louisiana or any political subdivision thereof may be acquired only
by donation.

§ 230b

TITLE 16—CONSERVATION

(4) Acquisition of oil and gas rights
In acquiring property pursuant to this part,
the Secretary may not acquire right to oil and
gas without the consent of the owner, but the
exercise of such rights shall be subject to such
regulations as the Secretary may promulgate
in furtherance of the purposes of this part.
(b) Resource protection
With respect to the land, water, and interests
in land and water of the Barataria Preserve
Unit, the Secretary shall preserve and protect—
(1) fresh water drainage patterns;
(2) vegetative cover;
(3) the integrity of ecological and biological
systems; and
(4) water and air quality.
(c) Adjacent land
With the consent of the owner and the parish
governing authority, the Secretary may—
(1) acquire land, water, and interests in land
and water, by any of the methods referred to
in subsection (a)(1)(A) (including use of appropriations from the Land and Water Conservation Fund); and
(2) revise the boundaries of the Barataria
Preserve Unit to include adjacent land and
water.
(d) 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 and
Preserve.
(Pub. L. 95–625, title IX, § 902, Nov. 10, 1978, 92
Stat. 3535; Pub. L. 96–87, title IV, § 401(q)(1), Oct.
12, 1979, 93 Stat. 666; Pub. L. 100–250, § 1(b), Feb.
16, 1988, 102 Stat. 16; Pub. L. 111–11, title VII,
§ 7105(b), (f)(2)(B), Mar. 30, 2009, 123 Stat. 1191,
1193.)
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–11, § 7105(b)(1), inserted
heading, inserted par. (1) designation and heading and
substituted text of par. (1) for ‘‘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
section 230 of this title, by donation, purchase with donated or appropriated funds, or exchange.’’, inserted
par. (2) designation and heading and substituted ‘‘The
Secretary may acquire by any of the methods referred
to in paragraph (1)(A)’’ for ‘‘The Secretary may also acquire by any of the foregoing methods’’, inserted par.
(3) designation and heading and substituted ‘‘Land,
water, and interests in land and water’’ for ‘‘Lands, waters, and interests therein’’, and inserted par. (4) designation and heading.
Subsecs. (b), (c). Pub. L. 111–11, § 7105(b)(2), added subsecs. (b) and (c) and struck out former subsecs. (b) and
(c) which related to guidelines or criteria applicable to
the use and development of properties within a park
protection zone, and preservation and protection of certain values, respectively.
Subsec. (d). Pub. L. 111–11, § 7105(b)(3), (f)(2)(B), redesignated subsec. (g) as (d) and substituted ‘‘Jean Lafitte
National Historical Park and Preserve’’ for ‘‘Jean Lafitte National Historical Park’’.

Page 170

Pub. L. 111–11, § 7105(b)(2), struck out subsec. (d).
Prior to amendment, text read as follows: ‘‘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.’’
Subsecs. (e), (f). Pub. L. 111–11, § 7105(b)(2), struck out
subsecs. (e) and (f) which read as follows:
‘‘(e) 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) 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.’’
Subsec. (g). Pub. L. 111–11, § 7105(b)(3), redesignated
subsec. (g) as (d).
1988—Subsec. (g). Pub. L. 100–250 added subsec. (g).
1979—Subsec. (a). Pub. L. 96–87 substituted ‘‘eight
thousand six hundred acres’’ for ‘‘eight thousand
acres’’.
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Interior, see
section 2 of Pub. L. 95–625, set out as a note under section 2503 of this title.

§ 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 Preserve 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, yearround dwelling, the construction of which was
begun before January 1, 1977 (or January 1, 2007,
for areas added to the park after that date),
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

Page 171

Secretary finds is reasonably necessary for the
owner’s continued use and occupancy of the
dwelling.
(Pub. L. 95–625, title IX, § 903, Nov. 10, 1978, 92
Stat. 3536; Pub. L. 111–11, title VII, § 7105(c),
(f)(2)(A), Mar. 30, 2009, 123 Stat. 1192, 1193.)
AMENDMENTS
2009—Pub. L. 111–11 substituted ‘‘Barataria Preserve
Unit’’ for ‘‘Barataria Marsh Unit’’ in first sentence and
inserted ‘‘(or January 1, 2007, for areas added to the
park after that date)’’ after ‘‘January 1, 1977’’ in fifth
sentence.
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Interior, see
section 2 of Pub. L. 95–625, set out as a note under section 2503 of this title.

§ 230c. Cooperative agreements; specific provisions
In furtherance of the purposes of this part, and
after consultation with the Commission created
by section 230f of this title, the Secretary is authorized to enter into cooperative agreements
with the owners of properties of natural, historical, or cultural significance, including but not
limited to the resources described in paragraphs
(1) through (5) 1 of section 230 of this title, pursuant to which the Secretary may mark, interpret,
restore and/or provide technical assistance for
the preservation and interpretation of such
properties, and pursuant to which the Secretary
may provide assistance including management
services, program implementation, and incremental financial assistance in furtherance of the
standards for administration of the park pursuant to section 230e of this title. Such agreements shall contain, but need not be limited to,
provisions that the Secretary, through the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by such agreement
for the purpose of conducting visitors through
such properties and interpreting them to the
public, and that no changes or alterations shall
be made in such properties except by mutual
agreement between the Secretary and the other
parties to such agreements. The agreements
may contain specific provisions which outline in
detail the extent of the participation by the Secretary in the restoration, preservation, interpretation, and maintenance of such properties.
(Pub. L. 95–625, title IX, § 904, Nov. 10, 1978, 92
Stat. 3536; Pub. L. 96–87, title IV, § 401(q)(2), Oct.
12, 1979, 93 Stat. 666.)
REFERENCES IN TEXT
Paragraphs (4) and (5) of section 230 of this title, included within the reference in text to paragraphs (1)
through (5) of section 230 of this title, were redesignated paragraphs (5) and (6), respectively, of section 230
of this title, and a new paragraph (4) was added, by Pub.
L. 100–250, § 1(a), Feb. 16, 1988, 102 Stat. 16.
AMENDMENTS
1979—Pub. L. 96–87 substituted reference to ‘‘section
907 of this title’’ for reference to ‘‘section 7 of this
title’’ in the original. Since ‘‘section 7 of this title’’ had
already been translated as ‘‘section 230f of this title’’ as
1 See

§ 230e

TITLE 16—CONSERVATION

References in Text note below.

the probable intent of Congress the substitution of
‘‘907’’ for ‘‘7’’ required no change in text as set out in
this section.
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Interior, see
section 2 of Pub. L. 95–625, set out as a note under section 2503 of this title.

§ 230d. Hunting, fishing, and trapping; public
safety; consultation
Within the Barataria Preserve Unit, the Secretary shall permit hunting, fishing (including
commercial fishing), and trapping in accordance
with applicable Federal and State laws on land,
and interests in land and water managed by the
Secretary, 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. Except in
emergencies, any regulations of the Secretary
promulgated under this section shall be put into
effect only after consultation with the appropriate fish and game agency of Louisiana.
(Pub. L. 95–625, title IX, § 905, Nov. 10, 1978, 92
Stat. 3536; Pub. L. 111–11, title VII, § 7105(d),
(f)(2)(A), Mar. 30, 2009, 123 Stat. 1192, 1193.)
AMENDMENTS
2009—Pub. L. 111–11, in first sentence, substituted
‘‘Barataria Preserve Unit’’ for ‘‘Barataria Marsh Unit’’
and ‘‘on land, and interests in land and water managed
by the Secretary, except that the Secretary’’ for
‘‘, except that within the core area and on those lands
acquired by the Secretary pursuant to section 230a(c) of
this title, he’’.
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Interior, see
section 2 of Pub. L. 95–625, set out as a note under section 2503 of this title.

§ 230e. Establishment; notice in Federal Register;
administration
The Secretary shall administer the park in accordance with the provisions of this part, sections 1, 2, 3, and 4 of this title, sections 461 to 467
of this title, and any other statutory authorities
available to him for the conservation and management of natural, historical, and cultural resources.
(Pub. L. 95–625, title IX, § 906, Nov. 10, 1978, 92
Stat. 3537; Pub. L. 111–11, title VII, § 7105(e), Mar.
30, 2009, 123 Stat. 1193.)
AMENDMENTS
2009—Pub. L. 111–11 substituted ‘‘The’’ for ‘‘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 section 230g of this title, sufficient lands and interests therein (i) have been acquired
for interpretive and administrative facilities, (ii) are
being protected in the core area, and (iii) have been
made the subject of cooperative agreements pursuant
to secton 230c of this title. Pending such establishment
and thereafter the’’.
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Interior, see
section 2 of Pub. L. 95–625, set out as a note under section 2503 of this title.

§ 230f

TITLE 16—CONSERVATION

§ 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.
1 So

in original. There are two pars. designated ‘‘(8)’’.

Page 172

(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.
(Pub. L. 95–625, title IX, § 907, Nov. 10, 1978, 92
Stat. 3537; Pub. L. 96–87, title IV, § 401(q)(3), (4),
Oct. 12, 1979, 93 Stat. 666; Pub. L. 100–250, § 1(c),
Feb. 16, 1988, 102 Stat. 16; Pub. L. 100–355, § 2,
June 28, 1988, 102 Stat. 667.)
AMENDMENTS
1988—Subsec. (a)(6), (7). Pub. L. 100–355, § 2(1), (2),
which directed that in par. (6) ‘‘region;’’ be substituted
for ‘‘region; and’’ and that in par. (7) ‘‘Arts; and’’ be
substituted for ‘‘Arts.’’ could not be executed because
of prior amendment by section 401(q)(3) of Pub. L. 96–87.
Subsec. (a)(8). Pub. L. 100–355, § 2(3), added par. (8) relating to appointment of member with experience as
folklorist familiar with cultures of Mississippi Delta
Region.
Subsec. (e). Pub. L. 100–250 substituted ‘‘twenty’’ for
‘‘ten’’.
1979—Subsec. (a)(8). Pub. L. 96–87, § 401(q)(3), added
par. (8).
Subsec. (e). Pub. L. 96–87, § 401(q)(4), provided that the
Commission terminate ten years from November 10,
1978.
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Interior, see
section 2 of Pub. L. 95–625, set out as a note under section 2503 of this title.

§ 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.
(Pub. L. 95–625, title IX, § 908, Nov. 10, 1978, 92
Stat. 3537.)

Page 173

§ 231a

TITLE 16—CONSERVATION
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.
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Interior, see
section 2 of Pub. L. 95–625, set out as a note under section 2503 of this title.

§ 230h. Change in name of Chalmette National
Historical Park
The area described in the Act of October 9, 1962
(76 Stat. 755), as the ‘‘Chalmette National Historical Park’’ is hereby redesignated as the
Chalmette Unit of the Jean Lafitte National
Historical Park and Preserve. Any references to
the Chalmette National Historical Park shall be
deemed to be references to said Chalmette Unit.
(Pub. L. 95–625, title IX, § 909, Nov. 10, 1978, 92
Stat. 3538; Pub. L. 111–11, title VII, § 7105(f)(2)(B),
Mar. 30, 2009, 123 Stat. 1193.)
REFERENCES IN TEXT
Act of October 9, 1962 (76 Stat. 755), referred to in
text, is Pub. L. 87–759, Oct. 9, 1962, 76 Stat. 755. Section
5 of that Act, which related to the boundaries of the
Park, is set out as a note under section 231a of this
title.
AMENDMENTS
2009—Pub. L. 111–11 substituted ‘‘Jean Lafitte National Historical Park and Preserve’’ for ‘‘Jean Lafitte
National Historical Park’’.

§ 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.
(Pub. L. 95–625, title IX, § 910, Nov. 10, 1978, 92
Stat. 3538.)
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.
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Interior, see
section 2 of Pub. L. 95–625, set out as a note under section 2503 of this title.

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 section
450a of this title to the memory of the soldiers

who fell in the Battle of New Orleans in the War
of 1812, including the national cemetery at
Chalmette, Louisiana, are designated as the
Chalmette Unit of the Jean Lafitte National
Historical Park and Preserve.
(Aug. 10, 1939, ch. 640, § 1, 53 Stat. 1342; Pub. L.
95–625, title IX, § 909, Nov. 10, 1978, 92 Stat. 3538;
Pub. L. 111–11, title VII, § 7105(f)(1)(B), Mar. 30,
2009, 123 Stat. 1193.)
CHANGE OF NAME
‘‘Jean Lafitte National Historical Park and Preserve’’ substituted for ‘‘Jean Lafitte National Historical Park’’ pursuant to Pub. L. 111–11.
‘‘Chalmette Unit of the Jean Lafitte National Historical Park’’ substituted for ‘‘Chalmette National Historical Park’’ pursuant to Pub. L. 95–625.

§ 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 and Preserve, such lands shall become a
part of the said Unit and shall be subject to all
laws, rules, and regulations applicable thereto:
Provided, however, That the total area included
within the said Unit and any enlargement thereof shall not exceed five hundred acres.
(Aug. 10, 1939, ch. 640, § 2, 53 Stat. 1342; Pub. L.
95–625, title IX, § 909, Nov. 10, 1978, 92 Stat. 3538;
Pub. L. 111–11, title VII, § 7105(f)(1)(B), Mar. 30,
2009, 123 Stat. 1193.)
CHANGE OF NAME
‘‘Jean Lafitte National Historical Park and Preserve’’ substituted for ‘‘Jean Lafitte National Historical Park’’ pursuant to Pub. L. 111–11.
‘‘Chalmette Unit of the Jean Lafitte National Historical Park’’ substituted for ‘‘Chalmette National Historical Park’’ and ‘‘said Unit’’ substituted for ‘‘said park’’
pursuant to Pub. L. 95–625.
ACQUISITION OF LANDS
Section 5 of Pub. L. 87–759, Oct. 9, 1962, 76 Stat. 756,
provided:
‘‘Within the boundaries of Chalmette National Historical Park [now Chalmette Unit of the Jean Lafitte
National Historical Park and Preserve] as designated
by the Secretary of the Interior on March 20, 1958, pursuant to the Act of August 10, 1939 (53 Stat. 1342), and
depicted on drawing numbered NHP–CHAL–7008, said
Secretary, notwithstanding the proviso in section 3 of
said Act, is hereby authorized to acquire the following
lands and interests in lands with funds heretofore appropriated and otherwise available for such purpose;
‘‘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

§ 231b

TITLE 16—CONSERVATION

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 rightof-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 section 3113 of
title 40, lands, buildings, structures, and other
property, or interests therein, located within
the boundaries of the Chalmette Unit of the
Jean Lafitte National Historical Park and Preserve as fixed and determined by this subchapter, the title to such property and interests
to be satisfactory to the Secretary of the Interior, and to accept donations of funds for the acquisition and maintenance thereof: Provided,
That payment for such property or interests
shall be made solely from donated funds.
(Aug. 10, 1939, ch. 640, § 3, 53 Stat. 1342; Pub. L.
95–625, title IX, § 909, Nov. 10, 1978, 92 Stat. 3538;
Pub. L. 111–11, title VII, § 7105(f)(1)(B), Mar. 30,
2009, 123 Stat. 1193.)
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888 (25 Stat. 357)’’ on authority of Pub.
L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first
section of which enacted Title 40, Public Buildings,
Property, and Works.
CHANGE OF NAME
‘‘Jean Lafitte National Historical Park and Preserve’’ substituted for ‘‘Jean Lafitte National Historical Park’’ pursuant to Pub. L. 111–11.
‘‘Chalmette Unit of the Jean Lafitte National Historical Park’’ substituted for ‘‘Chalmette National Historical Park’’ pursuant to Pub. L. 95–625.

§ 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

Page 174

Service, subject to the provisions of sections 1,
2, 3, and 4 of this title.
(Aug. 10, 1939, ch. 640, § 4, 53 Stat. 1342.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 53 Stat. 1342.)
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-ofway 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

Page 175

§ 241a

TITLE 16—CONSERVATION

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, 61 Stat. 52; June 10, 1948,
ch. 437, § 1, 62 Stat. 352; June 29, 1948, ch. 725, 62
Stat. 1102; Pub. L. 95–625, title VI, § 610, Nov. 10,
1978, 92 Stat. 3521.)
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
Pub. L. 95–625, title VI, § 610, Nov. 10, 1978, 92 Stat. 3521,
which is classified to section 241g of this title.
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 [sections 241, 242 to
245, and 247 of this title].’’
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 section 241 of this title by section 1 of act June 10, 1948]
may be conveyed to other Federal agencies by the Secretary of the Interior without exchange of funds, or if
such lands are not required by other Federal agencies
they may be conveyed to the State of North Dakota
without reimbursement to the United States.’’

§ 241a. Extension of boundaries
The following-described lands are made a part
of the Theodore Roosevelt National Park, sub-

§ 241b

TITLE 16—CONSERVATION

ject 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, 62 Stat. 384; Pub. L.
95–625, title VI, § 610, Nov. 10, 1978, 92 Stat. 3521.)
CODIFICATION
Section was not enacted as part of act Apr. 25, 1947,
ch. 41, 61 Stat. 52, which comprises this subchapter.
CHANGE OF NAME
Theodore Roosevelt National Memorial Park redesignated Theodore Roosevelt National Park pursuant to
Pub. L. 95–625, title VI, § 610, Nov. 10, 1978, 92 Stat. 3521,
which is classified to section 241g of this title.

§ 241b. Exchange of lands
For the purposes of acquiring non-Federal
lands within the boundaries of said park as established by this section and section 241a of this
title, the Secretary of the Interior is authorized,
in his discretion, to exchange federally owned
lands within sections 1, 12, and 13, township 148
north, range 100 west, and sections 6, 7, and 18,
township 148 north, range 99 west. Reserving,

Page 176

however, to the stockmen of the surrounding
area a perpetual right-of-way through the park
for the trailing of livestock, to and from the
railroad, along and adjacent to the Little Missouri River, being the same trail or route which
has been used by the stockmen for that purpose
since the beginning of the livestock industry in
the area. Administrative jurisdiction over any
of such lands that the Secretary of the Interior
finds are not required for exchange purposes as
herein provided may be conveyed to other Federal agencies by the Secretary of the Interior
without exchange of funds, or if such lands are
not required by other Federal agencies they may
be conveyed to the State of North Dakota without reimbursement to the United States.
(June 12, 1948, ch. 455, § 2, 62 Stat. 384.)
CODIFICATION
Section was not enacted as part of act Apr. 25, 1947,
ch. 41, 61 Stat. 52, which comprises this subchapter.

§ 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-ofway 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 rightof-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

Page 177

§ 242

TITLE 16—CONSERVATION

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 rightof-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 rightof-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.

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 sections 241c to 241f of this title shall be transferred
to the Secretary of Agriculture for administration or disposition in accordance with title III of
the Bankhead-Jones Farm Tenant Act [7 U.S.C.
1010 et seq.].
(Mar. 24, 1956, ch. 94, § 3, 70 Stat. 56.)
REFERENCES IN TEXT
The Bankhead-Jones Farm Tenant Act, referred to in
text, is act July 22, 1937, ch. 517, 50 Stat. 522, as amended. Title III of the Act is classified generally to subchapter III (§ 1010 et seq.) of chapter 33 of Title 7, Agriculture. For complete classification of this Act to the
Code, see section 1000 of Title 7 and Tables.
CODIFICATION
Section was not enacted as part of act Apr. 25, 1947,
ch. 41, 61 Stat. 52, which comprises this subchapter.

§ 241f. Extension of exchange authority
The land exchange authority relating to Theodore Roosevelt National Park prescribed by sections 241b and 243 of this title shall be applicable
also to the lands described in section 241c of this
title.
(Mar. 24, 1956, ch. 94, § 4, 70 Stat. 57; Pub. L.
95–625, title VI, § 610, Nov. 10, 1978, 92 Stat. 3521.)

(Mar. 24, 1956, ch. 94, § 1, 70 Stat. 55; Pub. L.
95–625, title VI, § 610, Nov. 10, 1978, 92 Stat. 3521.)

CODIFICATION

CODIFICATION

Section was not enacted as part of act Apr. 25, 1947,
ch. 41, 61 Stat. 52, which comprises this subchapter.

Section was not enacted as part of act Apr. 25, 1947,
ch. 41, 61 Stat. 52, which comprises this subchapter.
CHANGE OF NAME
Theodore Roosevelt National Memorial Park redesignated Theodore Roosevelt National Park pursuant to
Pub. L. 95–625, title VI, § 610, Nov. 10, 1978, 92 Stat. 3521,
which is classified to section 241g of this title.

§ 241d. Exclusion of lands

CHANGE OF NAME
Theodore Roosevelt National Memorial Park redesignated Theodore Roosevelt National Park pursuant to
Pub. L. 95–625, title VI, § 610, Nov. 10, 1978, 92 Stat. 3521,
which is classified to section 241g of this title.

§ 241g. Change in name of Theodore Roosevelt
National Memorial Park

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.

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.’’

(Mar. 24, 1956, ch. 94, § 2, 70 Stat. 56.)

§ 242. Condemnation of land; acceptance of donations

CODIFICATION
Section was not enacted as part of act Apr. 25, 1947,
ch. 41, 61 Stat. 52, which comprises this subchapter.

§ 241e. Authority to make further adjustments
The Secretary of the Interior is authorized to
make further adjustments in the boundaries of

(Pub. L. 95–625, title VI, § 610, Nov. 10, 1978, 92
Stat. 3521.)
CODIFICATION
Section was not enacted as part of act Apr. 25, 1947,
ch. 41, 61 Stat. 52, which comprises this subchapter.

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 section 3113 of title 40, to acquire title
to the lands, interests therein, or rights pertaining thereto that are privately owned within the

§ 243

TITLE 16—CONSERVATION

Page 178

boundaries of the said national park, and such
property, when acquired, shall become a part
thereof: Provided, That when the owner of such
lands, interests therein, or rights pertaining
thereto shall fix a price for the same, which, in
the opinion of the Secretary of the Interior,
shall be reasonable, the Secretary may purchase
the same without further delay: Provided further,
That the Secretary of the Interior is authorized
to accept, on behalf of the United States, donations of land, interests therein, or rights pertaining thereto required for the Theodore Roosevelt National Park: And provided further, That
title and evidence of title to land and interests
therein acquired for said park shall be satisfactory to the Attorney General.

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, § 2, 61 Stat. 53; Pub. L.
95–625, title VI, § 610, Nov. 10, 1978, 92 Stat. 3521.)

Theodore Roosevelt National Memorial Park redesignated Theodore Roosevelt National Park, pursuant to
Pub. L. 95–625, title VI, § 610, Nov. 10, 1978, 92 Stat. 3521,
which is classified to section 241g of this title.

CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888, entitled ‘An Act to authorize the
condemnation of lands for sites for public buildings,
and other purposes’ (25 Stat. 357)’’ on authority of Pub.
L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first
section of which enacted Title 40, Public Buildings,
Property, and Works.
CHANGE OF NAME
Theodore Roosevelt National Memorial Park redesignated Theodore Roosevelt National Park pursuant to
Pub. L. 95–625, title VI, § 610, Nov. 10, 1978, 92 Stat. 3521,
which is classified to section 241g of this title.

§ 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, 61 Stat. 54.)
§ 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

(Apr. 25, 1947, ch. 41, § 4, 61 Stat. 54; June 10, 1948,
ch. 437, § 1, 62 Stat. 352; Pub. L. 95–625, title VI,
§ 610, Nov. 10, 1978, 92 Stat. 3521.)
AMENDMENTS
1948—Act June 10, 1948, corrected the land description
of Theodore Roosevelt’s Elkhorn Ranch.
CHANGE OF NAME

§ 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 sections 1, 2, 3, and 4 of this title,
as amended.
(Apr. 25, 1947, ch. 41, § 5, 61 Stat. 54.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 246. Repealed. June 10, 1948, ch. 437, § 1, 62
Stat. 352
Section, act Apr. 25, 1947, ch. 41, § 6, 61 Stat. 54, related to construction of a monument to Theodore Roosevelt.

§ 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, 61 Stat. 54;
renumbered § 6, June 10, 1948, ch. 437, § 1, 62 Stat.
352.)
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 Presi-

Page 179

TITLE 16—CONSERVATION

dent 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, 52 Stat. 1241.)
SHORT TITLE OF 2010 AMENDMENT
Pub. L. 111–323, § 1, Dec. 22, 2010, 124 Stat. 3532, provided that: ‘‘This Act [enacting provisions set out as a
note under this section] may be cited as the ‘Hoh Indian Tribe Safe Homelands Act’.’’
HOH INDIAN TRIBE SAFE HOMELANDS
Pub. L. 111–323, §§ 2, 3(a)(1), Dec. 22, 2010, 124 Stat. 3532,
provided that, effective Dec. 22, 2010, a parcel of Federal
land of approximately 37 acres, administered by the National Park Service, and depicted on the Hoh Indian
Tribe Safe Homelands Act Land Acquisition Map, is
considered held in trust by the United States for the

§ 251c

benefit of the Tribe and shall be excluded from the
boundaries of Olympic National Park.
LAND EXCHANGE WITH CITY OF TACOMA, WASHINGTON
Pub. L. 102–436, title I, Oct. 23, 1992, 106 Stat. 2217, provided that if the city of Tacoma offered to convey to
the United States approximately 45 acres of land located in the Soleduck and Quileute areas within the
boundary of Olympic National Park, in exchange for
approximately 30 acres of land adjacent to Lake
Cushman as depicted on a map entitled ‘‘Proposed
Boundary Revision Olympic National Park’’ and dated
July 29, 1991, then the Secretary of the Interior was to
carry out such exchange, provided Tacoma could deliver clear and unencumbered title, and subject to the
laws and regulations applicable to exchanges of land in
the National Park System, adjustment of the Olympic
National Park boundaries, and additional provisions
excluding such exchange from affecting the operating
level of Cushman Reservoir, rights of possible intervenors in the Cushman Project, or fishing rights of the
Skokomish Tribe or any other Indian tribe.
[Pub. L. 104–134, title I, § 101(c) [title I, § 116], Apr. 26,
1996, 110 Stat. 1321–156, 1321–178; renumbered title I,
Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided that: ‘‘Within 30 days after the enactment of this
Act [Apr. 26, 1996], the Department of the Interior shall
issue a specific schedule for the completion of the Lake
Cushman Land Exchange Act (Public Law 102–436)
[probably means title I of Pub. L. 102–436, set out
above] and shall complete the exchange not later than
September 30, 1996.’’]
ACQUISITION OF CERTAIN BUILDINGS, ETC.;
APPROPRIATION
Act Dec. 6, 1944, ch. 506, 58 Stat. 793, authorized the
Secretary of the Interior to purchase buildings and fixtures of the Olympic Recreation Company and the
Olympic Chalet Company, and appropriated $35,000 for
that purpose.

§ 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 section 485 of this title,
and such lands when vested in the ownership of
the United States shall be a part of the Olympic
National Park subject to all laws and regulations applicable thereto.
(Dec. 22, 1942, ch. 800, 56 Stat. 1070.)
§ 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.
(Pub. L. 85–455, § 1, June 11, 1958, 72 Stat. 185.)
§ 251c. Administration of acquired lands
Lands acquired pursuant to the exchange authority contained herein shall be administered

§ 251d

TITLE 16—CONSERVATION

as a part of Olympic National Park in accordance with the laws and regulations applicable to
the park.
(Pub. L. 85–455, § 2, June 11, 1958, 72 Stat. 185.)
REFERENCES IN TEXT
Herein, referred to in text, means Pub. L. 85–455, June
11, 1958, 72 Stat. 185, which is classified to sections 251b
to 251d of this title. The ‘‘exchange authority’’ referred
to in text is contained in section 1 of the Act, which is
classified to section 251b of this title.

§ 251d. Applicability to privately owned lands
The provisions of sections 251b to 251d of this
title shall not be applicable with respect to any
privately owned lands lying within the exterior
boundaries of the Olympic National Park which
are within township 23 north, range 10 west;
township 23 north, range 9 west; township 24
north, range 9 west; and township 24 north,
range 8 west, West Willamette meridian; and lot
5 of the July Creek lot survey consisting of .15
acre, and lot 12 of the July Creek lot survey consisting of .35 acre.
(Pub. L. 85–455, § 3, June 11, 1958, 72 Stat. 185.)
§ 251e. Boundary revision
The boundaries of Olympic National Park as
established by sections 251 and 252 to 255 of this
title, and as revised by proclamation pursuant
to said sections and by or pursuant to section
251a of this title, and sections 251b to 251d of this
title, are hereby revised to include the lands,
privately owned aquatic lands, and interests
therein within the boundaries depicted on the
map entitled ‘‘Boundary Map, Olympic National
Park, Washington,’’ numbered 149–80–001–B, and
dated January 1976, which shall be on file and
available for public inspection in the office of
the National Park Service, Department of the
Interior.
(Pub. L. 94–578, title III, § 320(a), Oct. 21, 1976, 90
Stat. 2739.)
§ 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

Page 180

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 section 251e of this
title accordingly, and such revised map shall
have the same force and effect as if included in
sections 251e to 251m of this title.
(Pub. L. 94–578, title III, § 320(b), Oct. 21, 1976, 90
Stat. 2739.)
REFERENCES IN TEXT
Sections 251e to 251m of this title, referred to in text,
was in the original ‘‘this Act’’, meaning Pub. L. 94–578.
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.

§ 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 sections 251e to 251m of this
title, the Secretary is authorized to acquire
lands, privately owned aquatic lands, and interests therein by donation, purchase with donated
or appropriated funds, exchange, or transfer
from any Federal agency. Property so acquired
shall become part of Olympic National Park and
shall be administered by the Secretary subject
to the laws and regulations applicable to such
park. The Secretary is authorized and directed
to exclude from the boundaries of the park such
private lands and publicly owned and maintained roads within Grays Harbor County which
are near and adjacent to Lake Quinault, and
which do not exceed two thousand, one hundred
and sixty-eight acres in total. Prior to excluding
such lands from the park, the Secretary shall
study and investigate current and prospective
uses of the private lands, as well as the implications of their exclusion both for the lands involved and for Olympic National Park. The results of such study shall be transmitted to the
President and to the Congress within two years
of October 21, 1976, and shall take effect unless
disapproved by simple majority vote of the
House of Representatives or the Senate of the
United States of America within ninety legislative days of their submission to the Congress.
Property excluded from the boundaries of the
park by sections 251e to 251m of this title may
be exchanged for non-Federal property within
the boundaries; or it may be transferred to the
jurisdiction of any Federal agency or to the
State of Washington or a political subdivision

Page 181

thereof, without monetary consideration, as the
Secretary may deem appropriate. Any such Federal property transferred to the jurisdiction of
the Secretary of Agriculture for national forest
purposes shall upon such transfer become part of
the national forest and subject to the laws and
regulations pertaining thereto. Any property excluded from the park by sections 251e to 251m of
this title which is within the boundaries of an
Indian reservation may be transferred in trust
to such Indian tribe, subject, however, to the express condition that any concessioner providing,
public services shall be permitted to continue to
provide such services in such manner and for
such period as set forth in his concession contract, that the Secretary of the Interior is authorized to pay all franchise fees collected from
the concessioner under the contract to said Indian Tribe, and that in the event his contract is
terminated, the United States shall purchase his
possessory interest in accordance with the Act
of October 9, 1965 (79 Stat. 969).1 The acquisition
of lands by the United States in trust for an Indian tribe pursuant to sections 251e to 251m of
this title shall not confer any hunting or fishing
rights upon such tribe which were not vested in
such tribe prior to the acquisition of such lands.
(Pub. L. 94–578, title III, § 320(d), Oct. 21, 1976, 90
Stat. 2739.)
REFERENCES IN TEXT
Sections 251e to 251m of this title, the first three
times appearing in text, was in the original ‘‘this Act’’
and, where last appearing, was in the original ‘‘this
title’’, meaning Pub. L. 94–578 and title III of Pub. L.
94–578, respectively.
Act of October 9, 1965, referred to in text, is Pub. L.
89–249, Oct. 9, 1965, 79 Stat. 969, known as the National
Park System Concessions Policy Act, which was classified generally to subchapter IV (§ 20 et seq.) of this
chapter, prior to repeal by Pub. L. 105–391, title IV,
§ 415(a), Nov. 13, 1998, 112 Stat. 3515.

§ 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 sections 251e to 251m of this
title may, on the date of its acquisition, retain
for themselves and their successors or assigns a
right of use and occupancy of the property for
such noncommercial residential purposes as existed on or before January 1, 1976, for twentyfive years, or, in lieu thereof, for a term ending
at the death of the owner or his spouse, whichever is later. 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) As used in sections 251e to 251m of this
title, the term ‘‘improved property’’ shall mean
any single-family dwelling on which construction was begun before January 1, 1976, 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 for the
1 See

§ 251j

TITLE 16—CONSERVATION

References in Text note below.

sole purpose of noncommercial residential use,
as the Secretary shall designate. The amount of
the land so designated shall in every case be not
more than three acres in area: Provided, That
the Secretary may exclude from the land so designated any beach or water, together with so
much of the land adjoining any such beach or
water, as he may deem necessary for public access thereto.
(Pub. L. 94–578, title III, § 320(e), Oct. 21, 1976, 90
Stat. 2740.)
REFERENCES IN TEXT
Sections 251e to 251m of this title, referred to in text,
was in the original ‘‘this Act’’ and ‘‘this title’’, meaning Pub. L. 94–578 and title III of Pub. L. 94–578, respectively.

§ 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 sections 251e to 251m of this
title, and to acquire within three years of October 21, 1976, so much of such lands as can be acquired by donation, exchange, or purchase, to
the extent of available funds, and to report to
Congress on the third anniversary of October 21,
1976, the estimated amount of appropriations
which would be necessary to acquire the remainder, if any, of such lands by condemnation. The
compensation for such lands shall be their fair
market value on the date of their acquisition,
taking into account applicable land use regulations in effect on January 1, 1976.
(Pub. L. 94–578, title III, § 320(f), Oct. 21, 1976, 90
Stat. 2741.)
REFERENCES IN TEXT
Sections 251e to 251m of this title, referred to in text,
was in the original ‘‘this Act’’, meaning Pub. L. 94–578.

§ 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 251i
of this title, any noncorporate owner or owners,
as of January 1, 1976, of property adjacent to
Lake Ozette may retain title to such property:
Provided, That such owner or owners consent to
acquisition by the Secretary or 1 scenic easements or other interests that allow only those
improvements that the Secretary finds to be
reasonably necessary for continued use and occupancy. Any such owner or owners who elects
to improve his property or a portion thereof
shall submit to the Secretary a plan which shall
set forth the manner in which the property is to
be improved and the use to which it is proposed
to be put. If, upon review of such plan, the Secretary determines that it is compatible with the
limitations of this section, he in his discretion
may issue a permit to such owner and a certificate to that effect. Upon issuance of any such
certificate and so long as such property is main1 So

in original. Probably should be ‘‘of’’.

§ 251k

TITLE 16—CONSERVATION

tained and used in conformity therewith, the authority of the Secretary to acquire such property or interest therein without the consent of
the owner shall be suspended.
(Pub. L. 94–578, title III, § 320(g), Oct. 21, 1976, 90
Stat. 2741.)
§ 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.
(Pub. L. 94–578, title III, § 320(h), Oct. 21, 1976, 90
Stat. 2741.)
LAND EXCHANGES
Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 415, provided in part: ‘‘That pursuant to 16 U.S.C. 251k, the
Secretary may acquire the 270-acre parcel known as
Keystone Spit on Whidbey Island, Washington, and convey such parcel to the State of Washington in exchange
for the approximately 1,000 acres of tidelands owned by
such State within the boundary of Olympic National
Park: Provided further, That if recreational uses of
these tidelands must be regulated, the National Park
Service shall consult with the State of Washington
prior to the implementation of any such regulations:
Provided further, That the exchange must include the
mineral rights of the tidelands.’’

§ 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 section 251e of this title is hereby
retroceded to the State: Provided, That the lands
restored to the Quileute Indian Reservation
shall be subject to the same State and Tribal jurisdiction as all other trust lands within said
Reservation; and (2) there is hereby retroceded
to such State concurrent legislative jurisdiction, as the Governor of the State of Washington
and the Secretary shall determine, over and
within all territory within the boundaries of the
park as revised by sections 251e to 251m of this
title.
(Pub. L. 94–578, title III, § 320(i), Oct. 21, 1976, 90
Stat. 2741.)
REFERENCES IN TEXT
Section 251e of this title and sections 251e to 251m of
this title, referred to in text, were in the original ‘‘subsection 1(a) of this Act’’ and ‘‘this Act’’, respectively.
‘‘This Act’’ means Pub. L. 94–578.

§ 251m. Authorization of appropriations
There is hereby authorized to be appropriated
not to exceed $23,700,000 for the acquisition of

Page 182

lands, privately owned aquatic lands, or interests therein in accordance with the provisions of
sections 251e to 251m of this title. No funds authorized to be appropriated pursuant to sections
251e to 251m of this title shall be available prior
to October 1, 1977.
(Pub. L. 94–578, title III, § 320(j), Oct. 21, 1976, 90
Stat. 2741; Pub. L. 96–199, title I, § 110, Mar. 5,
1980, 94 Stat. 70.)
REFERENCES IN TEXT
Sections 251e to 251m of this title, referred to in text,
was in the original ‘‘this title’’, meaning title III of
Pub. L. 94–578.
AMENDMENTS
1980—Pub. L.
‘‘$13,000,000’’.

96–199

substituted

‘‘$23,700,000’’

for

§ 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,

Page 183

§ 255

TITLE 16—CONSERVATION

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.
(Pub. L. 99–635, § 1(a), (b), Nov. 7, 1986, 100 Stat.
3527; Pub. L. 100–668, title I, § 104(c)(1)–(3), Nov.
16, 1988, 102 Stat. 3962.)
AMENDMENTS
1988—Subsec. (a)(2). Pub. L. 100–668, § 104(c)(1), (2), inserted ‘‘, above the point of lowest low tide,’’ after ‘‘islands’’, substituted ‘‘34 minutes north’’ for ‘‘38 minutes
north’’, and inserted proviso at end.
Subsec. (b). Pub. L. 100–668, § 104(c)(3), substituted
‘‘sheets 1 through 9’’ for ‘‘sheets 1 through 10’’.
TRANSFER OF ADMINISTRATIVE JURISDICTION OF EXCHANGED PARK AND FOREST LANDS; AUTHORIZATION
OF APPROPRIATIONS
Sections 2 to 5 of Pub. L. 99–635, as amended by Pub.
L. 100–668, title I, § 104(c)(4)–(6), Nov. 16, 1988, 102 Stat.
3962, provided that:
‘‘SEC. 2. (a) Federal lands, waters, and interests therein formerly within the boundary of Olympic National
Forest which are included within the boundary of
Olympic National Park pursuant to section 1 of this
Act [16 U.S.C. 251n] 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 applicable to the park: Provided further, That
within section 15, township 24 north, range 9 west Willamette meridian, and within an area extending not
more than one mile north of such section, nothing
herein shall be construed to limit or otherwise modify
the authority of the Secretary of Agriculture to design
and construct a forest logging road east of the park
boundary: Provided, however, That the Secretary of Agriculture shall construct the road as close as practically possible to the park boundary but not more
than five hundred feet east of the divide. Following
construction, the Secretary of the Interior is hereby
authorized and directed to redescribe and relocate the
boundary of the park along the eastern clearing limits
of the road.
‘‘(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 [16 U.S.C. 251n] are, subject to valid existing
rights, hereby transferred to the administrative jurisdiction of the Secretary of Agriculture for administration as part of Olympic National Forest, and shall be
subject to all the laws and regulations applicable to the
National Forest System: Provided, That any lands deleted from the park and included within the Buckhorn
Wilderness, Mount Skokomish Wilderness, or The
Brothers Wilderness pursuant to this Act [enacting this
section and this note] shall be managed in accordance
with the provisions of the Washington State Wilderness
Act of 1984 (Public Law 98–339, Act of July 3, 1984, 98
Stat. 301).
‘‘SEC. 3. (a) The Secretary of the Interior is authorized to acquire by donation, purchase with donated or
appropriated funds, exchange, bequest or otherwise any
non-Federal lands, waters, and interests therein included within the boundary of Olympic National Park
pursuant to section 1 of this Act [16 U.S.C. 251n]: Provided: That any lands, waters, or interests therein
owned by the State of Washington or any political subdivision thereof may be acquired only by donation or
exchange.
‘‘(b) For the purpose of section 7 of the Land and
Water Conservation Fund Act of 1965 (78 Stat. 903, as

amended; 16 U.S.C. 460l–9), the boundary of the Olympic
National Forest, as modified pursuant to section 1 of
this Act [16 U.S.C. 251n], shall be treated as if it was the
boundary of that national forest on January 1, 1965.
‘‘SEC. 4. Effective upon acceptance thereof by the
State of Washington, the jurisdiction which the United
States acquired over those lands excluded from the
boundaries of Olympic National Park by this Act [enacting this section and this note] is hereby retroceded
to the State.
‘‘SEC. 5. There are hereby authorized to be appropriated such sums as may be necessary to carry out the
purposes of this Act [enacting this section and this
note], except that the total amounts authorized to be
appropriated for the purpose of acquisition of lands,
waters, and interests therein pursuant to this Act shall
not exceed $1,000,000.’’

§ 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, 52 Stat. 1242.)
REFERENCES IN TEXT
The mining laws of the United States, referred to in
text, are classified generally to Title 30, Mineral Lands
and Mining.

§ 253. Apportionment of income among counties
The income of each county receiving moneys
from the Olympic National Forest, under section 500 of this title, shall be proportional to the
total area of each county in the Olympic National Forest and the Olympic National Park
combined.
(June 29, 1938, ch. 812, § 3, 52 Stat. 1242.)
§ 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 sections 1, 2, 3, and 4 of
this title, as amended.
(June 29, 1938, ch. 812, § 4, 52 Stat. 1242.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 255. Effect on existing homestead, mineral, etc.,
entries; revision of boundaries
Nothing contained herein shall affect any
valid existing claim, location, or entry made

§ 256

TITLE 16—CONSERVATION

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, 52 Stat. 1242; Pub. L.
94–578, title III, § 320(c), Oct. 21, 1976, 90 Stat.
2739.)
REFERENCES IN TEXT
Herein, referred to in text, means act June 29, 1938,
which is classified to sections 251 and 252 to 255 of this
title. 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.
AMENDMENTS
1976—Pub. L. 94–578 substituted ‘‘The boundaries of
Olympic National Park may be revised only by Act of
Congress’’ for ‘‘The President may after eight months
from June 29, 1938 by proclamation add to the Olympic
National Park any lands within the boundaries of the
Olympic National Forest, and any lands which may be
acquired by the Government by gift or purchase, which
he may deem it advisable to add to such park; and any
lands so added to such park shall, upon their addition
thereto, become subject to all laws and regulations applicable to other lands within such park: Provided, That
the total area of the said park shall not exceed eight
hundred and ninety-eight thousand two hundred and
ninety-two acres: Provided further, That before issuing
any such proclamation, the President shall consult
with the Governor of the State of Washington, the Secretary of the Interior, and the Secretary of Agriculture
and advise them of the lands which he proposes to add
to such park, and shall afford them a reasonable opportunity to consult with and communicate to him their
views and recommendations with respect to the addition of such lands to such park.’’
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.

§ 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
(Chapter 51 of the Laws of 1941 of the State of
Washington), ceding to the United States exclusive jurisdiction over and within all the territory included on March 8, 1941, in the tract of
land in the State of Washington, set aside for
the purposes of a national park and known as
the Olympic National Park, are accepted. Subject to the reservations made by the State in
the act of cession, the United States assumes
sole and exclusive jurisdiction over such territory.
(Mar. 6, 1942, ch. 151, § 1, 56 Stat. 135.)

Page 184

§ 256a. Repealed. June 25, 1948, ch. 646, § 39, 62
Stat. 992, eff. Sept. 1, 1948
Section, act Mar. 6, 1942, ch. 151, § 2, 56 Stat. 136, related to inclusion of park in a judicial district. See section 128 of Title 28, Judiciary and Judicial Procedure.

§ 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, 56 Stat. 136; Pub. L.
100–668, title I, § 104(a), Nov. 16, 1988, 102 Stat.
3962.)

REFERENCES IN TEXT

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.

This Act, referred to in text, is act Mar. 6, 1942, which
is classified to sections 256 to 256i of this title. For
complete classification of this Act to the Code, see
Tables.

Page 185

§ 261

TITLE 16—CONSERVATION
AMENDMENTS

1988—Pub. L. 100–668 substituted ‘‘a class B misdemeanor in accordance with provisions of title 18’’ for
‘‘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’’.

§ 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, 56 Stat. 136; Pub. L.
100–668, title I, § 104(b), Nov. 16, 1988, 102 Stat.
3962.)
REFERENCES IN TEXT
This Act, referred to in text, is act Mar. 6, 1942, which
is classified to sections 256 to 256i of this title. For
complete classification of this Act to the Code, see
Tables.
AMENDMENTS
1988—Pub. L. 100–668 amended section generally. Prior
to amendment, section read as follows: ‘‘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.’’

§§ 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, 56 Stat. 137;
Apr. 21, 1948, ch. 223, § 4, 62 Stat. 197, related to appointment and jurisdiction of commissioner. See provisions
covering United States magistrate judges in section 631
et seq. of Title 28, Judiciary and Judicial Procedure.
Section 256e, act Mar. 6, 1942, ch. 151, § 6, 56 Stat. 137,
related to issuance of process. See sections 3041 and 3141
of Title 18, Crimes and Criminal Procedure, and rules 4,
5(c), and 9 of Federal Rules of Criminal Procedure,
Title 18, Appendix.
Section 256f, act Mar. 6, 1942, ch. 151, § 7, 56 Stat. 137,
related to commissioner’s [now magistrate judge’s] salary.
Section 256g, act Mar. 6, 1942, ch. 151, § 8, 56 Stat. 137,
related to certification and payment of fees, costs, and
expenses.
Section 256h, act Mar. 6, 1942, ch. 151, § 9, 56 Stat. 137,
related to disposition of fines and costs.

§ 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 sections 256b and 256c of this title
shall apply to such lands.
(Mar. 6, 1942, ch. 151, § 10, 56 Stat. 137.)
REFERENCES IN TEXT
This Act, referred to in text, is act Mar. 6, 1942, which
is classified to sections 256 to 256i of this title. For
complete classification of this Act to the Code, see
Tables.

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, 54 Stat. 262; May 26,
1943, ch. 103, § 1, 57 Stat. 85.)
AMENDMENTS
1943—Act May 26, 1943, omitted proviso relating to inclusion of certain specified lands.

§ 262

TITLE 16—CONSERVATION

§ 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 section 261 of this title, and
(2) the transfer of title to such lands, structures,
and other property to the United States.
(b) The right to alter, amend, or repeal this
section is expressly reserved.
(June 11, 1940, ch. 304, § 2, 54 Stat. 263; May 26,
1943, ch. 103, § 2, 57 Stat. 85.)
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 section 3113 of title 40, such tracts of
land within said historical park as may be necessary for the completion thereof. The title to
any lands or interests in lands to be acquired
pursuant to this subchapter shall be satisfactory
to the Secretary of the Interior.
(June 11, 1940, ch. 304, § 3, 54 Stat. 263.)
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and
Works.

§ 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 sections 1,
2, 3, and 4 of this title, as amended.
(June 11, 1940, ch. 304, § 4, 54 Stat. 263.)

Page 186
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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 rightof-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.
(Pub. L. 87–111, § 1, July 26, 1961, 75 Stat. 224.)
CODIFICATION
Section was not enacted as part of act June 11, 1940,
ch. 304, 54 Stat. 262, which comprises this subchapter.

Page 187

TITLE 16—CONSERVATION
APPROPRIATIONS

Section 2 of Pub. L. 87–111 authorized to be appropriated such sums, but not more than $30,000, as were
necessary to carry out the provisions of this section.

§ 266. Authorization of appropriations for acquisition of additional lands
For the acquisition of lands authorized in section 267 of this title, there are authorized to be
appropriated such sums as may be necessary,
but not more than $427,500.
(Pub. L. 93–477, title I, § 101(3), Oct. 26, 1974, 88
Stat. 1445.)
CODIFICATION
Section was not enacted as part of act June 11, 1940,
ch. 304, 54 Stat. 262, which comprises this subchapter.

§ 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.
(Pub. L. 93–477, title III, § 301(2), Oct. 26, 1974, 88
Stat. 1446.)
CODIFICATION
Section was not enacted as part of act June 11, 1940,
ch. 304, 54 Stat. 262, which comprises this subchapter.

§ 268. Authority of Secretary to acquire lands for
trailheads
(a) Authority
Notwithstanding the Act of June 11, 1940 (16
U.S.C. 261 et seq.), the Secretary of the Interior
is authorized to acquire by donation, purchase
with donated or appropriated funds, or exchange
not to exceed 10 acres of land or interests in
land, which shall consist of those necessary
lands for the establishment of trailheads to be
located at White Rocks and Chadwell Gap.
(b) Administration
Lands and interests in lands acquired pursuant
to subsection (a) of this section shall be added to
and administered as part of the Cumberland Gap
National Historical Park.
(Pub. L. 104–333, div. I, title II, § 216, Nov. 12, 1996,
110 Stat. 4112.)
REFERENCES IN TEXT
The act of June 11, 1940, referred to in subsec. (a), is
act June 11, 1940, ch. 304, 54 Stat. 262, as amended,
which is classified generally to this subchapter. For
complete classification of this Act to the Code, see
Tables.
CODIFICATION
Section was enacted as part of the Omnibus Parks
and Public Lands Management Act of 1996, and not as
part of act June 11, 1940, ch. 304, 54 Stat. 262, which
comprises this subchapter.

§ 268a

§ 268a. Acquisition of Fern Lake watershed
(a) Short title
This section may be cited as the ‘‘Fern Lake
Conservation and Recreation Act’’.
(b) Findings and purposes
(1) Findings
The Congress finds the following:
(A) Fern Lake and its surrounding watershed in Bell County, Kentucky, and Claiborne County, Tennessee, is 1 within the potential boundaries of Cumberland Gap National Historical Park as originally authorized by the Act of June 11, 1940 (54 Stat. 262;
16 U.S.C. 261 et seq.).
(B) The acquisition of Fern Lake and its
surrounding watershed and its inclusion in
Cumberland Gap National Historical Park
would protect the vista from Pinnacle Overlook, which is one of the park’s most valuable scenic resources and most popular attractions, and enhance recreational opportunities at the park.
(C) Fern Lake is the water supply source
for the city of Middlesboro, Kentucky, and
environs.
(D) The 4,500-acre Fern Lake watershed is
privately owned, and the 150-acre lake and
part of the watershed are currently for sale,
but the Secretary of the Interior is precluded by the first section of the Act of June
11, 1940 (16 U.S.C. 261), from using appropriated funds to acquire the lands.
(2) Purposes
The purposes of the section are—
(A) to authorize the Secretary of the Interior to use appropriated funds if necessary,
in addition to other acquisition methods, to
acquire from willing sellers Fern Lake and
its surrounding watershed, in order to protect scenic and natural resources and enhance recreational opportunities at Cumberland Gap National Historical Park; and
(B) to allow the continued supply of water
from Fern Lake to the city of Middlesboro,
Kentucky, and environs.
(c) Land acquisition and conveyance authority,
Fern Lake, Cumberland Gap National Historical Park
(1) Definitions
In this section:
(A) Fern Lake
The term ‘‘Fern Lake’’ means Fern Lake
located in Bell County, Kentucky, and Claiborne County, Tennessee.
(B) Land
The term ‘‘land’’ means land, water, interests in land, and any improvements on the
land.
(C) Park
The term ‘‘park’’ means Cumberland Gap
National Historical Park, as authorized and
established by the Act of June 11, 1940 (54
Stat. 262; 16 U.S.C. 261 et seq.).
1 So

in original. Probably should be ‘‘are’’.

§ 271

TITLE 16—CONSERVATION

(D) Secretary
The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Director of the National Park Service.
(2) Acquisition authorized
The Secretary may acquire for addition to
the park lands consisting of approximately
4,500 acres and containing Fern Lake and its
surrounding watershed, as generally depicted
on the map entitled ‘‘Cumberland Gap National Historical Park, Fern Lake Watershed’’,
numbered 380/80,004, and dated May 2001. The
map shall be on file in the appropriate offices
of the National Park Service.
(3) Boundary adjustment and administration
Subject to paragraph (4), the Secretary shall
revise the boundaries of the park to include
the land acquired under paragraph (2). The
Secretary shall administer the acquired lands
as part of the park in accordance with the
laws and regulations applicable to the park.
(4) Conveyance of Fern Lake
(A) Conveyance required
If the Secretary acquires Fern Lake, the
Secretary shall convey, notwithstanding any
other law and without consideration, to the
city of Middlesboro, Kentucky, all right,
title, and interest of the United States in
and to Fern Lake, up to the normal operating elevation of 1,200.4 feet above sea level,
along with the dam and all appurtenances
associated with the withdrawal and delivery
of water from Fern Lake.
(B) Terms of conveyance
In executing the conveyance under subparagraph (4)(A), the Secretary may retain
an easement for scenic and recreational purposes.
(C) Reversionary interest
In the event Fern Lake is no longer used
as a source of municipal water supply for the
city of Middlesboro, Kentucky, and its environs, ownership of Fern Lake shall revert to
the United States and it shall be managed by
the Secretary as part of the park.
(5) Consultation requirements
In order to better manage lands acquired
under this section in a manner that will facilitate the provision of water for municipal
needs, as well as the establishment and promotion of new recreational opportunities at
the park, the Secretary shall consult with—
(A) appropriate officials in the States of
Kentucky, Tennessee, and Virginia, and political subdivisions of these States;
(B) organizations involved in promoting
tourism in these States; and
(C) other interested parties.
(Pub. L. 108–199, div. H, § 150, Jan. 23, 2004, 118
Stat. 446.)
REFERENCES IN TEXT
This section and the section, referred to in subsecs.
(a) and (b)(2), were in the original ‘‘This Act’’ and ‘‘the
Act’’, which were translated as meaning section 150 of
Pub. L. 108–199, div. H, Jan. 23, 2004, 118 Stat. 446, to reflect the probable intent of Congress.

Page 188

The act of June 11, 1940, referred to in subsecs.
(b)(1)(A) and (c)(1)(C), is act June 11, 1940, ch. 304, 54
Stat. 262, as amended, which is classified generally to
this subchapter. For complete classification of this Act
to the Code, see Tables.
CODIFICATION
Section was enacted as the Fern Lake Conservation
and Recreation Act, and also as part of the Miscellaneous Appropriations and Offsets Act, 2004, and Consolidated Appropriations Act, 2004, and not as part of act
June 11, 1940, ch. 304, 54 Stat. 262, which comprises this
subchapter.

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.
(Pub. L. 88–590, § 1, Sept. 12, 1964, 78 Stat. 934;
Pub. L. 92–154, § 1(a), Nov. 12, 1971, 85 Stat. 421.)
AMENDMENTS
1971—Pub. L. 92–154 substituted provision respecting
revision of boundaries of the park and referring to
Boundary Map on file and available for public inspection for depiction of the park area on the drawing, for
prior specific detailed description of the area.

§ 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

Page 189

TITLE 16—CONSERVATION

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.
(Pub. L. 88–590, § 2, Sept. 12, 1964, 78 Stat. 937;
Pub. L. 92–154, § 1(b), Nov. 12, 1971, 85 Stat. 421.)
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 Pub. L. 88–590, originally classified to
sections 271 to 271d of this title, and Nov. 12, 1971, date
of enactment of Pub. L. 92–154, amendatory of Pub. L.
88–590 and classified to sections 271 to 271b, 271e to 271g
of this title.
AMENDMENTS
1971—Pub. L. 92–154 struck out ‘‘described in section
271 of this title’’ after ‘‘Within the area’’, inserted in
third sentence ‘‘or any amendment thereto’’ after ‘‘the
date of enactment of this Act’’, and inserted in fifth
sentence ‘‘or any amendment thereto’’ after ‘‘this subchapter’’.
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
sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title
42, The Public Health and Welfare.

§ 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.
(Pub. L. 88–590, § 3, Sept. 12, 1964, 78 Stat. 938;
Pub. L. 92–154, § 1(c), Nov. 12, 1971, 85 Stat. 421.)
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 Pub. L. 88–590, originally classified to sections 271 to 271d of this title, and Nov. 12, 1971, date of
approval of Pub. L. 92–154, amendatory of Pub. L. 88–590
and classified to sections 271 to 271b, 271e to 271g of this
title.

§ 271d

§ 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.
(Pub. L. 88–590, § 4, Sept. 12, 1964, 78 Stat. 938.)

AMENDMENTS

§ 271d. Administration, protection, and development

1971—Pub. L. 92–154 inserted ‘‘or any amendment
thereto’’ after ‘‘date of approval of this Act’’.

Subject to the provisions of this subchapter,
the administration, protection, and development

§ 271e

TITLE 16—CONSERVATION

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 sections 1, 2, 3,
and 4 of this title, as amended and supplemented.
(Pub. L. 88–590, § 5, Sept. 12, 1964, 78 Stat. 939.)
§ 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.
(Pub. L. 88–590, § 6, as added Pub. L. 92–154, § 1(d),
Nov. 12, 1971, 85 Stat. 421.)
§ 271f. Omitted
CODIFICATION
Section, Pub. L. 88–590, § 7, as added Pub. L. 92–154,
§ 1(d), Nov. 12, 1971, 85 Stat. 421, authorized the Secretary to conduct a study of proposed road alinements
within and adjacent to the park and to submit a report
on the findings and conclusions of the study to the Congress within two years of Nov. 12, 1971.

§ 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.
(Pub. L. 88–590, § 8, as added Pub. L. 92–154, § 1(d),
Nov. 12, 1971, 85 Stat. 421; amended Pub. L.
94–578, title I, § 101(12), Oct. 21, 1976, 90 Stat.
2732.)
AMENDMENTS
1976—Pub.
‘‘$16,000’’.

L.

94–578

substituted

‘‘$104,500’’

for

SUBCHAPTER XXX—ARCHES NATIONAL
PARK
§ 272. Establishment of park
(a) In general
(1) Initial boundaries
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’’).
(2) Expanded boundaries
Effective on October 30, 1998, the boundary of
the park shall include the area consisting of

Page 190

approximately 3,140 acres and known as the
‘‘Lost Spring Canyon Addition’’, as depicted
on the map entitled ‘‘Boundary Map, Arches
National Park, Lost Spring Canyon Addition’’,
numbered 138/60,000–B, and dated April 1997.
(3) Maps
The maps described in paragraphs (1) and (2)
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.
(Pub. L. 92–155, § 1, Nov. 12, 1971, 85 Stat. 422;
Pub. L. 105–329, § 2(a), Oct. 30, 1998, 112 Stat.
3060.)
AMENDMENTS
1998—Pub. L. 105–329 inserted section designation and
catchline and in subsec. (a) inserted subsec. heading,
inserted par. (1) designation and heading before first
sentence, added par. (2), inserted par. (3) designation
and heading before second sentence and substituted
‘‘The maps described in paragraphs (1) and (2)’’ for
‘‘Such map’’.
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–329, § 1, Oct. 30, 1998, 112 Stat. 3060, provided that: ‘‘This Act [enacting section 272g of this
title, amending this section and sections 272a, 272b, and
272d of this title, and enacting provisions set out as a
note under section 272g of this title] may be cited as
the ‘Arches National Park Expansion Act of 1998’.’’

§ 272a. Acquisition of property
(a) In general
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 section 272 of this title, except that lands or interests therein owned by
the State of Utah, or any political subdivision
thereof, may be acquired only with the approval
of such State or political subdivision.
(b) Lost Spring Canyon Addition
As soon as practicable after October 30, 1998,
the Secretary shall transfer jurisdiction over
the Federal land contained in the Lost Spring
Canyon Addition from the Bureau of Land Management to the National Park Service.
(Pub. L. 92–155, § 2, Nov. 12, 1971, 85 Stat. 422;
Pub. L. 105–329, § 2(b), Oct. 30, 1998, 112 Stat.
3060.)
AMENDMENTS
1998—Pub. L. 105–329 inserted section catchline and
subsec. (a) designation and heading and added subsec.
(b).

Page 191

§ 272d

TITLE 16—CONSERVATION

§ 272b. Livestock grazing
(a) In general
In a case in which 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.
(b) Lost Spring Canyon Addition
(1) Continuation of grazing leases, permits, and
licenses
In the case of any grazing lease, permit, or
license with respect to land in the Lost Spring
Canyon Addition that was issued before October 30, 1998, the Secretary shall, subject to
periodic renewal, continue the grazing lease,
permit, or license for a period equal to the
lifetime of the holder of the grazing lease, permit, or license as of October 30, 1998, plus the
lifetime of any direct descendants of the holder born before October 30, 1998.
(2) Retirement
A grazing lease, permit, or license described
in paragraph (1) shall be permanently retired
at the end of the period described in paragraph
(1).
(3) Periodic renewal
Until the expiration of the period described
in paragraph (1), the holder (or descendant of
the holder) of a grazing lease, permit, or license shall be entitled to renew the lease, permit, or license periodically, subject to such
limitations, conditions, or regulations as the
Secretary may prescribe.
(4) Sale
A grazing lease, permit, or license described
in paragraph (1) may be sold during the period
described in paragraph (1) only on the condition that the purchaser shall, immediately
upon acquisition, permanently retire the
lease, permit, or license.
(5) Taylor Grazing Act
Nothing in this subsection affects other provisions concerning leases, permits, or licenses
under the Act of June 28, 1934 (commonly
known as the ‘‘Taylor Grazing Act’’) (48 Stat.
1269, chapter 865; 43 U.S.C. 315 et seq.).
(6) Administration
Any portion of a grazing lease, permit, or license with respect to land in the Lost Spring
Canyon Addition shall be administered by the
National Park Service.
(Pub. L. 92–155, § 3, Nov. 12, 1971, 85 Stat. 422;
Pub. L. 105–329, § 2(c), Oct. 30, 1998, 112 Stat. 3060.)
REFERENCES IN TEXT
The Taylor Grazing Act, referred to in subsec. (b)(5),
is act June 28, 1934, ch. 865, 48 Stat. 1269, as amended,
which is classified principally to subchapter I (§ 315 et
seq.) of chapter 8A of Title 43, Public Lands. For complete classification of this Act to the Code, see Short

Title note set out under section 315 of Title 43 and
Tables.
AMENDMENTS
1998—Pub. L. 105–329 inserted section catchline and
subsec. (a) designation and heading and added subsec.
(b).

§ 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.
(Pub. L. 92–155, § 4, Nov. 12, 1971, 85 Stat. 422.)
§ 272d. Administration, protection, and development; report to President
(a) In general
The Secretary shall administer, protect and
develop the park in accordance with the provisions of the law generally applicable to units of
the National Park System, including sections 1,
2, 3, and 4 of this title.
(b) Lost Spring Canyon Addition
(1) Withdrawal
Subject to valid existing rights, all Federal
land in the Lost Spring Canyon Addition is appropriated and withdrawn from entry, location, selection, leasing, or other disposition
under the public land laws (including the mineral leasing laws).
(2) Effect
The inclusion of the Lost Spring Canyon Addition in the park shall not affect the operation or maintenance by the Northwest Pipeline Corporation (or its successors or assigns)
of the natural gas pipeline and related facilities located in the Lost Spring Canyon Addition on October 30, 1998.
(Pub. L. 92–155, § 5, Nov. 12, 1971, 85 Stat. 422;
Pub. L. 105–329, § 2(d), Oct. 30, 1998, 112 Stat.
3061.)
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–329, § 2(d)(1), inserted
heading and amended text generally. Prior to amendment, text read as follows: ‘‘The National Park Service,
under the direction of the Secretary, shall administer,
protect, and develop the park, subject to the provisions
of sections 1, 2, 3, and 4 of this title.’’
Subsec. (b). Pub. L. 105–329, § 2(d)(2), inserted heading
and amended text generally. Prior to amendment, text
read as follows: ‘‘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, his recommendations as the suitability or nonsuitability of any area within the park
for preservation as wilderness, and any designation of
any such area as a wilderness shall be in accordance
with said Wilderness Act.’’

§ 272e

TITLE 16—CONSERVATION

§ 272e. Omitted
CODIFICATION
Section, Pub. L. 92–155, § 6, Nov. 12, 1971, 85 Stat. 423,
authorized the Secretary to conduct a study of proposed road alinements within and adjacent to the park
and to submit a report on the findings and conclusions
of the study to the Congress within two years of Nov.
12, 1971.

§ 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.
(Pub. L. 92–155, § 7, Nov. 12, 1971, 85 Stat. 423;
Pub. L. 94–578, title I, § 101(1), Oct. 21, 1976, 90
Stat. 2732.)
AMENDMENTS
1976—Pub.
‘‘$125,000’’.

L.

94–578

substituted

‘‘$275,000’’

for

§ 272g. Land exchange involving school trust
land
(a) Exchange requirement
(1) In general
If, not later than 1 year after October 30,
1998, and in accordance with this section, the
State of Utah offers to transfer all right, title,
and interest of the State in and to the school
trust land described in subsection (b)(1) of this
section to the United States, the Secretary—
(A) shall accept the offer on behalf of the
United States; and
(B) not later than 180 days after the date of
acceptance, shall convey to the State of
Utah all right, title, and interest of the
United States in and to the land described in
subsection (b)(2) of this section.
(2) Simultaneous conveyances
Title to the school trust land shall be conveyed at the same time as conveyance of title
to the Federal lands by the Secretary.
(3) Valid existing rights
The land exchange under this section shall
be subject to valid existing rights, and each
party shall succeed to the rights and obligations of the other party with respect to any
lease, right-of-way, or permit encumbering the
exchanged land.
(b) Description of parcels
(1) State conveyance
The school trust land to be conveyed by the
State of Utah under subsection (a) of this section is section 16, Township 23 South, Range 22
East of the Salt Lake base and meridian.
(2) Federal conveyance
The Federal land to be conveyed by the Secretary consists of approximately 639 acres lo-

Page 192

cated in section 1, Township 25 South, Range
18 East, Salt Lake base and meridian, and
more fully described as follows:
(A) Lots 1 through 12.
(B) The S1⁄2N1⁄2 of such section.
(C) The N1⁄2N1⁄2N1⁄2S1⁄2 of such section.
(3) Equivalent value
The Federal land described in paragraph (2)
shall be considered to be of equivalent value to
that of the school trust land described in paragraph (1).
(c) Management by State
(1) In general
At least 60 days before undertaking or permitting any surface disturbing activities to
occur on land acquired by the State of Utah
under this section, the State shall consult
with the Utah State Office of the Bureau of
Land Management concerning the extent and
impact of such activities on Federal land and
resources and conduct, in a manner consistent
with Federal law, inventory, mitigation, and
management activities in connection with any
archaeological, paleontological, and cultural
resources located on the acquired lands.
(2) Preservation of existing uses
To the extent that it is consistent with applicable law governing the use and disposition
of State school trust land, the State shall preserve existing grazing, recreational, and wildlife uses of the acquired lands in existence on
October 30, 1998.
(3) Activities authorized by management plan
Nothing in this subsection precludes the
State of Utah from authorizing or undertaking
a surface or mineral activity that is authorized by a land management plan for the acquired land.
(Pub. L. 92–155, § 8, as added Pub. L. 105–329,
§ 2(e)(2), Oct. 30, 1998, 112 Stat. 3062; amended
Pub. L. 106–176, title III, § 302, Mar. 10, 2000, 114
Stat. 32.)
AMENDMENTS
2000—Subsec. (b)(2). Pub. L. 106–176, § 302(1), substituted ‘‘located in section 1, Township 25 South,
Range 18 East, Salt Lake base and meridian, and more
fully described as follows:’’ and subpars. (A) to (C) for
‘‘, described as lots 1 through 12 located in the S1⁄2N1⁄2
and the N1⁄2N1⁄2N1⁄2S1⁄2 of section 1, Township 25 South,
Range 18 East, Salt Lake base and meridian.’’
Subsec. (d). Pub. L. 106–176, § 302(2), struck out heading and text of subsec. (d). Text read as follows: ‘‘Administrative actions necessary to implement the land
exchange under this section shall be completed not
later than 180 days after October 30, 1998.’’
EFFECT ON SCHOOL TRUST LAND
Pub. L. 105–329, § 2(e)(1), Oct. 30, 1998, 112 Stat. 3062,
provided that: ‘‘Congress finds that—
‘‘(A) a parcel of State school trust land, more specifically described as section 16, township 23 south,
range 22 east, of the Salt Lake base and meridian, is
partially contained within the Lost Spring Canyon
Addition included within the boundaries of Arches
National Park by the amendment by subsection (a)
[amending section 272 of this title];
‘‘(B) the parcel was originally granted to the State
of Utah for the purpose of generating revenue for the
public schools through the development of natural
and other resources located on the parcel; and

Page 193

TITLE 16—CONSERVATION

‘‘(C) it is in the interest of the State of Utah and
the United States for the parcel to be exchanged for
Federal land of equivalent value outside the Lost
Spring Canyon Addition to permit Federal management of all lands within the Lost Spring Canyon Addition.’’

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.
(Pub. L. 92–207, § 1, Dec. 18, 1971, 85 Stat. 739.)
§ 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 section 273 of this title, except that lands or interests therein owned by
the State of Utah, or any political subdivision
thereof, may be acquired only with the approval
of such State or political subdivision.
(Pub. L. 92–207, § 2, Dec. 18, 1971, 85 Stat. 739.)
§ 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.
(Pub. L. 92–207, § 3, Dec. 18, 1971, 85 Stat. 740.)
RENEWAL OF CAPITOL REEF NATIONAL PARK GRAZING
AUTHORIZATIONS
Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1779,
provided: ‘‘That where any Federal lands included with-

§ 273d

in the boundary of the Park created by the Act of December 18, 1971 (Public Law 92–207) [16 U.S.C. 273 et
seq.], were legally occupied or utilized on the date of
approval of that Act [Dec. 18, 1971] for grazing purposes
pursuant to a lease, permit, or license issued or authorized by any department, establishment, or agency of
the United States, the person or persons so occupying
or utilizing such lands and the heirs of such person or
persons shall at that time be entitled to renew said
leases, permits, or licenses under such terms and conditions as the Secretary of the Interior may prescribe, for
the lifetime of the permittee or any direct descendants
(sons or daughters) born on or before the enactment of
Public Law 92–207 (December 18, 1971). Such grazing activities shall be subject to the following conditions:
‘‘(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 Public Law 97–341 [formerly set
out as a note below] are hereby repealed.
‘‘(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
Pub. L. 97–341, Oct. 15, 1982, 96 Stat. 1639, provided for
retention of Capitol Reef National Park grazing privileges until Dec. 31, 1994, and a study of grazing at the
Park, prior to repeal by Pub. L. 100–446, title I, Sept. 27,
1988, 102 Stat. 1780.

§ 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.
(Pub. L. 92–207, § 4, Dec. 18, 1971, 85 Stat. 740.)
§ 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 sections 1, 2, 3, and 4 of this title, as amended
and supplemented.
(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

§ 273e

TITLE 16—CONSERVATION

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 [16 U.S.C. 1132 (c)
and (d)], his recommendations 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 shall
be in accordance with said Wilderness Act [16
U.S.C. 1131 et seq.].
(Pub. L. 92–207, § 5, Dec. 18, 1971, 85 Stat. 740.)
REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (c), 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.

§ 273e. Omitted
CODIFICATION
Section, Pub. L. 92–207, § 6, Dec. 18, 1971, 85 Stat. 740,
authorized the Secretary to conduct a study of proposed road alinements within and adjacent to the park
and to submit a report on the findings and conclusions
of the study to the Congress within two years of Dec.
18, 1971.

§ 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.
(Pub. L. 92–207, § 7, Dec. 18, 1971, 85 Stat. 740; Pub.
L. 94–578, title I, § 101(4), Oct. 21, 1976, 90 Stat.
2732; Pub. L. 95–625, title I, § 101(5), Nov. 10, 1978,
92 Stat. 3471.)
AMENDMENTS
1978—Pub. L. 95–625 substituted ‘‘$1,373,000 for development’’ for ‘‘$1,052,700 (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’’.
1976—Pub. L. 94–578 substituted ‘‘$2,173,000’’ for
‘‘$423,000’’.

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.
(Pub. L. 89–19, § 1, May 15, 1965, 79 Stat. 110; Pub.
L. 102–576, § 2(1), Oct. 30, 1992, 106 Stat. 4770.)
AMENDMENTS
1992—Pub. L. 102–576, which directed the insertion of
‘‘and in the States of Oregon, Washington, Montana,

Page 194

and Wyoming’’ after ‘‘the Nez Perce Country of Idaho’’,
was executed by making the insertion after ‘‘the Nez
Perce country of Idaho’’ to reflect the probable intent
of Congress.
SHORT TITLE OF 1992 AMENDMENT
Section 1 of Pub. L. 102–576 provided that: ‘‘This Act
[amending this section and sections 281a to 281c, 281e,
and 281f of this title] may be cited as the ‘Nez Perce National Historical Park Additions Act of 1991’.’’

§ 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.
(Pub. L. 89–19, § 2, May 15, 1965, 79 Stat. 110; Pub.
L. 102–576, § 2(2), Oct. 30, 1992, 106 Stat. 4770.)
AMENDMENTS
1992—Pub. L. 102–576 inserted provision listing 13 sites
to be designated as Nez Perce National Historical Park,
as described in documents dated 1990 and 1991, and provision relating to lands added to Big Hole National Battlefield, Montana.

§ 281b. Acquisition of lands; restrictions; tribalowned 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

Page 195

§ 281e

TITLE 16—CONSERVATION

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.

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 1
Perce National Historical Park as sites in nonFederal 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.

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.

1992—Subsec. (a). Pub. L. 102–576 struck out after second sentence ‘‘Not more than one thousand and five
hundred acres overall shall be designated pursuant to
the foregoing provisions of this subsection.’’

(Pub. L. 89–19, § 3, May 15, 1965, 79 Stat. 110; Pub.
L. 102–576, § 2(3), Oct. 30, 1992, 106 Stat. 4770.)
AMENDMENTS
1992—Pub. L. 102–576 substituted provisions relating
to acquisition of lands or interest therein owned by
State or political subdivision of State and provisions
relating to acquisition of sites designated as components of park after Nov. 1, 1991, for proviso in first sentence limiting amount of land which may be purchased
in fee to 1,500 acres and amount of scenic easements
which may be purchased to 1,500 acres.

§ 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

(Pub. L. 89–19, § 4, May 15, 1965, 79 Stat. 110; Pub.
L. 102–576, § 2(4), Oct. 30, 1992, 106 Stat. 4771.)
AMENDMENTS

§ 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 sections 1, 2, 3, and 4 of this title, as
amended and supplemented.
(Pub. L. 89–19, § 5, May 15, 1965, 79 Stat. 110.)
§ 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, corporations, 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
1 So

in original. Probably should be preceded by ‘‘the’’.

§ 281f

TITLE 16—CONSERVATION

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 sections 461 to 467 of this title.
(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.
(Pub. L. 89–19, § 6, May 15, 1965, 79 Stat. 111; Pub.
L. 102–576, § 2(5), (6), Oct. 30, 1992, 106 Stat. 4771.)
AMENDMENTS
1992—Subsec. (a). Pub. L. 102–576, § 2(5), substituted
‘‘States of Idaho, Oregon, Washington, Montana,
Wyoming, their’’ for ‘‘State of Idaho, its’’.
Subsec. (c). Pub. L. 102–576, § 2(6), added 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.
(Pub. L. 89–19, § 7, May 15, 1965, 79 Stat. 111; Pub.
L. 94–578, title II, § 201(10), Oct. 21, 1976, 90 Stat.
2733; Pub. L. 102–576, § 2(7), Oct. 30, 1992, 106 Stat.
4771.)
AMENDMENTS
1992—Pub. L. 102–576 substituted ‘‘$2,130,000’’
‘‘$630,000’’ and ‘‘$9,300,000’’ for ‘‘$4,100,000’’.
1976—Pub. L. 94–578 substituted ‘‘$4,100,000’’
‘‘$1,337,000’’.

for
for

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 socalled 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.
(Pub. L. 89–565, § 1, Sept. 9, 1966, 80 Stat. 737.)
§ 282a. Designation; administration, protection,
and development
The property acquired under the provisions of
section 282 of this title shall be known as the

Page 196

San Juan Island National Historical Park and
shall commemorate the final settlement by arbitration of the Oregon boundary dispute and the
peaceful relationship which has existed between
the United States and Canada for generations.
The Secretary of the Interior shall administer,
protect, and develop such park in accordance
with the provisions of sections 1, 2, 3, and 4 of
this title, as amended and supplemented, and
sections 461 to 467 of this title.
(Pub. L. 89–565, § 2, Sept. 9, 1966, 80 Stat. 737.)
§ 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 sections 461 to 467 of this title.
(Pub. L. 89–565, § 3, Sept. 9, 1966, 80 Stat. 737.)
§ 282c. Authorization of appropriations
There are hereby authorized to be appropriated such sums, but not more than $13,575,000
for the acquisition of lands and interests therein
and for the development of the San Juan National Historical Park.1
(Pub. L. 89–565, § 4, Sept. 9, 1966, 80 Stat. 737; Pub.
L. 95–625, title I, § 101(22), Nov. 10, 1978, 92 Stat.
3472; Pub. L. 111–88, div. A, title I, § 118, Oct. 30,
2009, 123 Stat. 2929.)
AMENDMENTS
2009—Pub.
‘‘$5,575,000’’.
1978—Pub.
‘‘$3,542,000’’.

L.

111–88

substituted

‘‘$13,575,000’’

for

L.

95–625

substituted

‘‘$5,575,000’’

for

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
Guadalupe 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 accord1 So in original. Probably should be ‘‘San Juan Island National
Historical Park.’’

Page 197

§ 283b

TITLE 16—CONSERVATION

ingly 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.
(Pub. L. 89–667, § 1, Oct. 15, 1966, 80 Stat. 920; Pub.
L. 100–541, § 1, Oct. 28, 1988, 102 Stat. 2720.)
AMENDMENTS
1988—Pub. L. 100–541 designated existing provisions as
subsec. (a) and added subsec. (b).

§ 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.
(Pub. L. 89–667, § 2, Oct. 15, 1966, 80 Stat. 920; Pub.
L. 94–174, Dec. 23, 1975, 89 Stat. 1029.)

AMENDMENTS
1975—Subsec. (b). Pub. L. 94–174 inserted provisions
relating to the exchange of lands in order to provide for
an adequate entrance road into the McKittrick Canyon
area of the park.

§ 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.

§ 283c

TITLE 16—CONSERVATION

(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 [30 U.S.C. 351 et seq.] or
other Act in lieu thereof having the same purpose, and the same are hereby also excluded
from the provisions of all present and future
laws affecting the sale of surplus property or of
said mineral interests acquired pursuant to this
subchapter by the United States or any department or agency thereof, except that, if such person having such preferential right to a reconveyance fails or refuses to exercise such preferential right to a reconveyance as provided in
subsection (b) of this section then this subsection (c) shall not be applicable to the rights
and interests in such minerals in the identical
lands of such person so failing or refusing to exercise such preferential right to a reconveyance
from and after the one hundred and eighty-day
period referred to in subsection (b) of this section.
(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.

Page 198

(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.
(Pub. L. 89–667, § 3, Oct. 15, 1966, 80 Stat. 920.)
REFERENCES IN TEXT
The Mineral Leasing Act for Acquired Lands, referred
to in subsec. (c), is act Aug. 7, 1947, ch. 513, 61 Stat. 913,
as amended, which is classified generally to chapter 7
(§ 351 et seq.) of Title 30, Mineral Lands and Mining. For
complete classification of this Act to the Code, see
Short Title note set out under section 351 of Title 30
and Tables.

§ 283c. Administration
The Guadalupe Mountains National Park shall
be administered by the Secretary of the Interior
in accordance with the provisions of sections 1,
2, 3, and 4 of this title, as amended and supplemented.
(Pub. L. 89–667, § 4, Oct. 15, 1966, 80 Stat. 922.)
§ 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.
(Pub. L. 89–667, § 5, Oct. 15, 1966, 80 Stat. 922.)
§ 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 section 283a(b) of this
title.
(Pub. L. 89–667, § 6, Oct. 15, 1966, 80 Stat. 922; Pub.
L. 95–625, title I, § 101(12), Nov. 10, 1978, 92 Stat.
3471; Pub. L. 100–541, § 2, Oct. 28, 1988, 102 Stat.
2720.)

Page 199

§ 284c

TITLE 16—CONSERVATION
AMENDMENTS

AMENDMENTS

1988—Pub. L. 100–541 designated existing provisions as
subsec. (a), substituted ‘‘sums’’ for ‘‘sums, but not more
than $1,800,000 in all,’’, and added subsec. (b).
1978—Pub. L. 95–625 increased development appropriations authorization to $24,715,000 from $10,362,000 and
prohibited expenditure of funds for improvements incompatible with wilderness management within the
corridor of the park leading to the summit of Guadalupe Peak.

2002—Pub. L. 107–219 inserted before period at end:
‘‘, except that laws, rules, or regulations that are applicable solely to units of the National Park System
that are designated as a ‘National Park’ shall not apply
to Wolf Trap National Park for the Performing Arts’’.

SUBCHAPTER
XXXV—WOLF
TRAP
NATIONAL PARK FOR THE PERFORMING
ARTS
§ 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 National Park for the Performing
Arts 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.
(Pub. L. 89–671, § 1, Oct. 15, 1966, 80 Stat. 950; Pub.
L. 107–219, § 1(a)(1), Aug. 21, 2002, 116 Stat. 1330.)
AMENDMENTS
2002—Pub. L. 107–219 substituted ‘‘Wolf Trap National
Park for the Performing Arts’’ for ‘‘Wolf Trap Farm
Park’’.
SHORT TITLE
Section 12 of Pub. L. 89–671, as added by Pub. L.
97–310, Oct. 14, 1982, 96 Stat. 1458, and amended by Pub.
L. 107–219, § 1(a)(1), Aug. 21, 2002, 116 Stat. 1330, provided
that: ‘‘This Act [enacting this subchapter] may be referred to as the ‘Wolf Trap National Park for the Performing Arts Act’.’’
STUDY OF PARK FUTURE; REPORT TO CONGRESS
Pub. L. 89–671, § 13, as added by Pub. L. 101–636, § 3,
Nov. 28, 1990, 104 Stat. 4587, directed Secretary, acting
jointly with the Foundation, to conduct a study and
analysis of the operations and management practices
being used to carry out the purposes of this subchapter
and to submit, not later than 2 years after Nov. 28, 1990,
a report of such study and analysis to Congress.

§ 284a. Administration
The Secretary of the Interior shall administer
the park in accordance with the provisions of
section 284 of this title and sections 1, 2, 3, and
4 of this title, as amended and supplemented, except that laws, rules, or regulations that are applicable solely to units of the National Park
System that are designated as a ‘‘National
Park’’ shall not apply to Wolf Trap National
Park for the Performing Arts.
(Pub. L. 89–671, § 2, Oct. 15, 1966, 80 Stat. 951; Pub.
L. 107–219, § 1(a)(2), Aug. 21, 2002, 116 Stat. 1330.)

§ 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.
(Pub. L. 89–671, § 3, Oct. 15, 1966, 80 Stat. 951; Pub.
L. 92–272, title II, § 201(4), Apr. 11, 1972, 86 Stat.
120.)
AMENDMENTS
1972—Pub. L. 92–272 increased maximum sums authorized to be appropriated from not in excess of $600,000 to
not in excess of $5,473,000.

§ 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,

§ 284c

TITLE 16—CONSERVATION

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 section 501(c)(3) of title 26.
(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 section 284d(c)(4) of this title. If
such agreement is not modified within the 120day period, interest shall accrue from the effective date of this paragraph in accordance with
paragraph (1).
(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 section 284d of this title.
In the event of a major catastrophe or severe
economic situation, the Secretary may 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 recommendation
that this paragraph be temporarily suspended.
In submitting such a request, the Secretary
shall submit clear evidence of the financial
status of the Foundation.
(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
sections 3141–3144, 3146, and 3147 of title 40;
(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 section 284d of
this title, and at the Foundation’s expense, insurance on the Center respecting such risks, in
such amounts, and containing such terms and
conditions, as are satisfactory to the Secretary.

Page 200

Any repairs or reconstruction carried out with
funds obtained from the receipt of the proceeds
of any such insurance shall be subject to the approval of the Secretary.
(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.
(Pub. L. 89–671, § 4, as added Pub. L. 97–310, Oct.
14, 1982, 96 Stat. 1455; amended Pub. L. 101–636,
§ 1, Nov. 28, 1990, 104 Stat. 4586; Pub. L. 103–437,
§ 6(d)(8), Nov. 2, 1994, 108 Stat. 4583; Pub. L.
107–219, § 2, Aug. 21, 2002, 116 Stat. 1330.)
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.
CODIFICATION
‘‘Sections 3141–3144, 3146, and 3147 of title 40’’ substituted in subsec. (c)(1) for ‘‘the Davis-Bacon Act (40
U.S.C. 276a–a7)’’ on authority of Pub. L. 107–217, § 5(c),
Aug. 21, 2002, 116 Stat. 1303, the first section of which
enacted Title 40, Public Buildings, Property, and
Works.
AMENDMENTS
2002—Subsec. (c). Pub. L. 107–219 realigned margin of
last sentence of par. (3) so as to appear as concluding

Page 201

§ 284d

TITLE 16—CONSERVATION

provisions, and in concluding provisions, substituted
‘‘funds’’ for ‘‘Funds’’.
1994—Subsec. (b)(3). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.
1990—Subsec. (b). Pub. L. 101–636 designated existing
provisions as par. (1) and added pars. (2) and (3).
EFFECTIVE DATE OF 1990 AMENDMENT
Section 4 of Pub. L. 101–636, as amended by Pub. L.
89–671, § 14(c), as added Pub. L. 107–219, § 1(a)(3), Aug. 21,
2002, 116 Stat. 1330, provided that:
‘‘(a) The amendments made by sections 1 and 2
[amending this section and section 284d of this title]
shall take effect on the date on which the Wolf Trap
Foundation for the Performing Arts modifies its agreements entered into pursuant to the Wolf Trap National
Park for the Performing Arts Act [this subchapter] in
a manner which is consistent with and takes into account the amendments made by this Act [amending
this section and section 284d of this title and enacting
provisions set out as a note under section 284 of this
title], as determined by the Secretary of the Interior.
‘‘(b) The amendment made by section 3 [enacting provisions set out as a note under section 284 of this title]
shall take effect on the date of enactment of this Act
[Nov. 28, 1990].’’
INCREASE IN LOAN CEILING; FUNDS REIMBURSED TO
FOUNDATION TO BE REPAID TO SECRETARY
Pub. L. 99–190, § 101(d) [title I], Dec. 19, 1985, 99 Stat.
1224, 1231, as amended by Pub. L. 89–671, § 14(c), as added
Pub. L. 107–219, § 1(a)(3), Aug. 21, 2002, 116 Stat. 1330, provided: ‘‘That the loan ceiling established under section
4(b) of Public Law 97–310 [probably means Public Law
89–671], the Wolf Trap National Park for the Performing
Arts Act, as amended [16 U.S.C. 284c(b)], is increased to
$9,500,000. Notwithstanding the loan repayment provisions of Public Law 97–310 [enacting 16 U.S.C. 284c to
284j], the dollar amount of items paid for by the Wolf
Trap Foundation from funds provided by the additional
loan authority in this section that is subsequently reimbursed to the Foundation by a court award or insurance settlement shall be repaid to the Secretary of the
Interior by the Wolf Trap Foundation within 90 days of
the date of the court award or insurance settlement.’’

§ 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 section 284c(c)(3) of this title; and
(2) the Foundation maintain its status as an
organization described in section 501(c)(3) of
title 26 and exempt from taxation under section 501(a) of title 26.
(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.
(Pub. L. 89–671, § 5, as added Pub. L. 97–310, Oct.
14, 1982, 96 Stat. 1456; amended Pub. L. 99–514, § 2,
Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101–636, § 2,
Nov. 28, 1990, 104 Stat. 4587.)
AMENDMENTS
1990—Subsec. (c)(4). Pub. L. 101–636 added par. (4).
1986—Subsec. (b)(2). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code
of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–636 effective on the date
on which the Wolf Trap Foundation for the Performing
Arts modifies its agreements entered into pursuant to
this subchapter, see section 4(a) of Pub. L. 101–636, set
out as a note under section 284c of this title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (c)(2) of this section relating to submitting
annual report to appropriate committees of Congress,
see section 3003 of Pub. L. 104–66, as amended, set out
as a note under section 1113 of Title 31, Money and Finance, and page 116 of House Document No. 103–7.

§ 284e

TITLE 16—CONSERVATION

§ 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.
(Pub. L. 89–671, § 6, as added Pub. L. 97–310, Oct.
14, 1982, 96 Stat. 1457.)
§ 284f. Repealed. Pub. L. 104–333, div. I, title VIII,
§ 814(d)(1)(D), Nov. 12, 1996, 110 Stat. 4196
Section, Pub. L. 89–671, § 7, as added Pub. L. 97–310,
Oct. 14, 1982, 96 Stat. 1457, related to reports to congressional committees respecting reconstruction of Center.

§ 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 section 284c(e) of this
title. Within sixty days after any such notification, the Administrator of the Federal Aviation
Administration shall take steps to reduce noise
pollution so as to conform to such standards.
The Secretary or the Foundation may bring an
action in the United States District Court for
the District of Columbia to enjoin any violation
by the Commonwealth of Virginia of the easement referred to in section 284c(e) of this title.
(Pub. L. 89–671, § 8, as added Pub. L. 97–310, Oct.
14, 1982, 96 Stat. 1457.)
§ 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 section 1a–7(b) of this title. Such plan shall be submitted 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 no later
than January 1, 1984, and such revisions shall be
submitted to such committees of the Congress
in a timely manner.
(Pub. L. 89–671, § 9, as added Pub. L. 97–310, Oct.
14, 1982, 96 Stat. 1457; amended Pub. L. 103–437,
§ 6(d)(8), Nov. 2, 1994, 108 Stat. 4583.)

Page 202
AMENDMENTS

1994—Pub. L. 103–437 substituted ‘‘Natural Resources’’
for ‘‘Interior and Insular Affairs’’ after ‘‘Committee
on’’.

§ 284i. Authorization of additional appropriations
There is authorized to be appropriated not
more than $17,000,000 to carry out sections 284c
and 284d of this title. No authority under this
subchapter to enter into contracts or to make
payments shall be effective except to the extent
and in such amounts as provided in advance in
appropriations Acts.
(Pub. L. 89–671, § 10, as added Pub. L. 97–310, Oct.
14, 1982, 96 Stat. 1458.)
§ 284j. Definitions
As used in this subchapter, the term—
(1) ‘‘Secretary’’ means the Secretary of the
Interior.
(2) ‘‘Park’’ means the Wolf Trap National
Park for the Performing Arts 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.
(Pub. L. 89–671, § 11, as added Pub. L. 97–310, Oct.
14, 1982, 96 Stat. 1458; Pub. L. 107–219, § 1(a)(1),
Aug. 21, 2002, 116 Stat. 1330.)
REFERENCES IN TEXT
The District of Columbia Nonprofit Corporation Act,
referred to in par. (4), is Pub. L. 87–569, Aug. 6, 1962, 76
Stat. 265, as amended, which is not classified to the
Code.
AMENDMENTS
2002—Par. (2). Pub. L. 107–219 substituted ‘‘Wolf Trap
National Park for the Performing Arts’’ for ‘‘Wolf Trap
Farm Park’’.

§ 284k. References
(a) By Federal employees
The Secretary of the Interior, any other Federal employee, and any employee of the Foundation, with respect to any reference to the park
in any map, publication, sign, notice, or other
official document or communication of the Federal Government or Foundation shall refer to
the park as ‘‘Wolf Trap National Park for the
Performing Arts’’.
(b) Other signs and notices
Any directional or official sign or notice pertaining to the park shall refer to the park as
‘‘Wolf Trap National Park for the Performing
Arts’’.
(c) Federal laws and documents
Any reference in any law (other than this subchapter), regulation, document, record, map, or
other paper of the United States to ‘‘Wolf Trap
Farm Park’’ shall be considered to be a reference to ‘‘Wolf Trap National Park for the Performing Arts’’.

Page 203

§ 341

TITLE 16—CONSERVATION

(Pub. L. 89–671, § 14, as added Pub. L. 107–219,
§ 1(a)(3), Aug. 21, 2002, 116 Stat. 1330.)
APPLICABILITY
Pub. L. 107–219, § 1(b), Aug. 21, 2002, 116 Stat. 1330, provided that: ‘‘Section 14(c) of the Wolf Trap Farm Park
Act [16 U.S.C. 284k(c)] (as added by subsection (a) of
this section) shall not apply to this Act [enacting this
section and amending sections 1e, 284, 284a, 284c, and
284j of this title and provisions set out as notes under
section 284c of this title].’’

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.
(Pub. L. 89–517, § 1, July 23, 1966, 80 Stat. 325.)
§ 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.
(Pub. L. 89–517, § 2, July 23, 1966, 80 Stat. 325.)
§ 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 sections 1, 2, 3, and
4 of this title, as amended and supplemented.
(Pub. L. 89–517, § 3, July 23, 1966, 80 Stat. 325.)
SUBCHAPTER XXXVII—ACADIA NATIONAL
PARK
CHANGE OF NAME
‘‘Lafayette National Park’’ changed to ‘‘Acadia National Park’’, see section 342b of this title.

§ 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, 40 Stat. 1178; Jan. 19,
1929, ch. 77, § 2, 45 Stat. 1083.)

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
Pub. L. 99–420, title I, Sept. 25, 1986, 100 Stat. 955, as
amended by Pub. L. 110–229, title III, § 314(a), (b)(1), (c),
(d), May 8, 2008, 122 Stat. 775, provided that:
‘‘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.

§ 341

TITLE 16—CONSERVATION

‘‘(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 shall be conveyed to the towns in which the
property is located without encumbrance and without
monetary consideration, except that no town shall be
eligible to receive such lands unless lands within the
Park boundary and owned by the town have been conveyed to 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 out-

Page 204

side 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 section 103 of this
title. In providing such notification, the Secretary
shall indicate the manner and degree to which the easement meets the criteria provided in this subsection.
‘‘(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

Page 205

TITLE 16—CONSERVATION

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 40 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

§ 341

by the provisions of Public Law 97–335 [set out as a note
below].
‘‘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
(16 U.S.C. 460l–9), the statutory ceiling provided in subsection (a) shall be deemed to have been enacted prior
to the convening of the Ninety-fifth Congress [Jan. 4,
1977].
‘‘(c) ADDITIONAL FUNDING.—In addition to such sums
as have been heretofore appropriated, there is hereby
authorized $10,000,000 for acquisition of lands and interests therein.
‘‘SEC. 107. PAYMENTS TO LOCAL GOVERNMENTS.
‘‘(a) Notwithstanding the limitation in subsection
3(d) of the Act of October 20, 1976 (90 Stat. 2662) payments in the manner provided in section 3 of that Act
[see 31 U.S.C. 6904(b)] shall be made to the appropriate
units of local government having jurisdiction over
lands with the boundary of the Park. Such payments
shall be made only for a period of 12 years.
‘‘(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.
‘‘SEC. 108. INTERMODAL TRANSPORTATION CENTER.
‘‘(a) IN GENERAL.—The Secretary may provide assistance in the planning, construction, and operation of an
intermodal transportation center located outside of the
boundary of the Park in the town of Trenton, Maine to
improve the management, interpretation, and visitor
enjoyment of the Park.
‘‘(b) AGREEMENTS.—To carry out subsection (a), in administering the intermodal transportation center, the
Secretary may enter into interagency agreements with
other Federal agencies, and, notwithstanding chapter
63 of title 31, United States Code, cooperative agreements, under appropriate terms and conditions, with
State and local agencies, and nonprofit organizations—
‘‘(1) to provide exhibits, interpretive services (including employing individuals to provide such services), and technical assistance;
‘‘(2) to conduct activities that facilitate the dissemination of information relating to the Park and
the Island Explorer transit system or any successor
transit system;
‘‘(3) to provide financial assistance for the construction of the intermodal transportation center in
exchange for space in the center that is sufficient to
interpret the Park; and
‘‘(4) to assist with the operation and maintenance
of the intermodal transportation center.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated to the Secretary not more than 40 percent of
the total cost necessary to carry out this section (including planning, design and construction of the
intermodal transportation center).
‘‘(2) OPERATIONS AND MAINTENANCE.—There are authorized to be appropriated to the Secretary not more
than 85 percent of the total cost necessary to maintain and operate the intermodal transportation center.’’
[Pub. L. 110–229, title III, § 314(b)(2), May 8, 2008, 122
Stat. 775, provided that: ‘‘The amendment made by
paragraph (1) [amending section 103(f) of Public Law
99–420, set out above] shall take effect on September 25,
2006.’’]

§ 342

TITLE 16—CONSERVATION

ACADIA NATIONAL PARK LANDS LYING WITHIN
BOUNDARIES OF TOWN OF ISLE AU HAUT, MAINE
Pub. L. 97–335, Oct. 15, 1982, 96 Stat. 1627, as amended
by Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(C), Nov.
12, 1996, 110 Stat. 4196, provided: ‘‘That the Congress
finds that—
‘‘(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.
‘‘SEC. 2. Notwithstanding any other provision of law,
the permanent boundary of Acadia National Park lying
within the town of Isle au Haut, Maine, is hereby established to include only those lands and interests therein
as are depicted on the map entitled ‘Boundary Map,
Acadia National Park, Town of Isle au Haut, Maine’,
numbered 123–80003 and dated October 1981, which map
is on file and available for public inspection in the offices of the Department of the Interior and at the Registry of Deeds for Hancock and Knox Counties, Maine.
‘‘SEC. 3. (a) Within the boundary established by section 2, and as indicated on the map referenced therein,
the Secretary of the Interior (hereinafter referred to as
‘the Secretary’) is authorized to acquire lands and interests therein by donation or exchange. The Secretary
is authorized and directed to acquire by donation, purchase with donated or appropriated funds, or exchange
the tract known as the Hamilton lot in Duck Harbor.
No later than one hundred and eighty days from enactment hereof [Oct. 15, 1982], the Secretary shall convey
to the town of Isle au Haut all right, title and interest
of the United States in and to those lands under the jurisdiction of the Secretary which lie outside the boundary established by section 2 and within the town of Isle
au Haut, subject only to such covenants running with
the land as the Secretary and the town agree are necessary to preserve the general character of such lands,
which shall include covenants to maintain forever in
their natural condition (excepting the cutting of fire
trails and the extinguishment of fires) lands above
three hundred feet above the mean high water level:
Provided, however, That such covenants with respect to
lands above three hundred feet and below four hundred
feet shall permit the gathering and removal of dead and
fallen timber.
‘‘(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.
‘‘SEC. 4. (a) The management and use of parklands on
Isle au Haut shall not interfere with the maintenance
of a viable local community with a traditional resource-based economy outside the boundary of the
park. To the maximum extent practicable, no development or plan for the convenience of park visitors shall
be undertaken 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 portion
of the park in as nearly its present state and condition
as possible. In recognition of the special fragility and
sensitivity of the park’s resources, visitation shall be
strictly limited to assure negligible adverse impact on

Page 206

such resources, to conserve the character of the town
and to protect the quality of the visitor experience.
‘‘[(b), (c) Repealed. Pub. L. 104–333, div. I, title VIII,
§ 814(d)(1)(C), Nov. 12, 1996, 110 Stat. 4196.]
‘‘(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.
‘‘SEC. 5. There are hereby authorized to be appropriated after October 1, 1982, such sums as may be necessary to carry out the provisions of this Act [this
note].’’

§ 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 sections 1, 2, 3, and 4 of this
title and Acts additional thereto or amendatory
thereof.
(Feb. 26, 1919, ch. 45, § 2, 40 Stat. 1179; Jan. 19,
1929, ch. 77, § 2, 45 Stat. 1083.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
JURISDICTION OF CERTAIN LANDS
Act July 30, 1947, ch. 350, 61 Stat. 519, provided:
‘‘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 hun-

Page 207

§ 343b

TITLE 16—CONSERVATION

dred 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, 49 Stat. 795); the
lands herein described containing one hundred and
fifty-one and eighty-six one-hundredths acres, after excluding the excepted portion.
‘‘SEC. 2. The Secretary of the Navy is authorized and
directed to retransfer jurisdiction over the property described in section 1 of this Act to the Secretary of the
Interior in the event such property hereafter becomes
surplus to the needs of the Department of the Navy, in
which event it again shall become a part of Acadia National Park.’’

§ 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, 45 Stat. 1083.)
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.

§ 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 [16 U.S.C. 791a et seq.] shall not
apply to or extend to any lands now or hereafter
included in said park.
(Jan. 19, 1929, ch. 77, § 2, 45 Stat. 1083.)
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
section 791a of this title. The Federal Power Act is act
June 10, 1920, ch. 285, 41 Stat. 1063, as amended, and is
classified generally to chapter 12 (§ 791a et seq.) of this
title. For complete classification of this Act to the
Code, see section 791a of this title and Tables.

§ 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, 40 Stat. 1179.)
§ 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, 46 Stat. 377.)
CODIFICATION
Recitation in this section as originally enacted of the
fact that Acadia National Park was established under
act Feb. 26, 1919 (40 Stat. 1178), as amended by act Jan.
19, 1929 (Public Numbered 667, Seventieth Congress),
was omitted as historically obsolete.

§ 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 sections 3111 and 3112 of title 40 and
section 1136 1 of the Revised Statutes, as amended, and section 6101 of title 41 (except section
3112 of title 40, which shall be applicable hereto),
or any other provision of law. The Secretary of
the Interior is further authorized and directed
to pay all necessary fees, charges, and expenses
in connection with such conveyance and transfer.
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
1 See

References in Text note below.

§ 343c

TITLE 16—CONSERVATION

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 section 1463 of title 12 (which bonds are
made available to the Secretary of the Treasury
for the purposes of this paragraph), and all sums
due and unpaid upon or in connection with such
bonds at the time of such cancelation and discharge, together with any accrued interest: Provided, That the Secretary of the Treasury and
the Corporation are authorized and directed to
make adjustments on their books and records as
may be necessary to carry out the purposes of
this section.
(Dec. 22, 1944, ch. 674, §§ 1–4, 58 Stat. 914.)
REFERENCES IN TEXT
Section 1136 of the Revised Statutes, referred to in
the second par., was repealed and reenacted as sections
4774(d) and 9774(d) of Title 10, Armed Forces, by act
Aug. 10, 1956, ch. 1041, 70A Stat. 1. Sections 4774(d) and
9774(d) were redesignated as entire sections 4774 and
9774 by Pub. L. 93–166, title V, § 509(c), (e), Nov. 29, 1973,
87 Stat. 677, 678, and subsequently were repealed by
Pub. L. 97–214, § 7(1), July 12, 1982, 96 Stat. 173.
Section 1463 of title 12, referred to in the last par.,
was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80
Stat. 648.
CODIFICATION
In text, ‘‘sections 3111 and 3112 of title 40 and’’ substituted for ‘‘section 355, as amended,’’ and ‘‘section
3112 of title 40’’ substituted for ‘‘the last paragraph of
said section 355, as amended’’ on authority of Pub. L.
107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works.
In text, ‘‘section 1136 of the Revised Statutes, as
amended, and section 6101 of title 41’’ substituted for
‘‘section 1136, as amended, and section 3709 of the Revised Statutes’’ on authority of Pub. L. 111–350, § 6(c),
Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41,
Public Contracts.
ABOLITION OF HOME OWNERS’ LOAN CORPORATION
For dissolution and abolishment of Home Owners’
Loan Corporation, by act June 30, 1953, ch. 170, § 21, 67
Stat. 126, see note set out under section 1463 of Title 12,
Banks and Banking.

§ 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.

Page 208

(Sept. 7, 1949, ch. 541, 63 Stat. 691.)
§ 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.
(Pub. L. 89–615, Oct. 3, 1966, 80 Stat. 866.)
§ 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;

Page 209

TITLE 16—CONSERVATION

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.
(Pub. L. 90–262, § 1, Mar. 4, 1968, 82 Stat. 40.)
§ 343c–3. Conveyance of land; Jackson Laboratory
In exchange for the conveyance to the United
States of the land described in section 343c–2 of
this title, the Secretary of the Interior may convey to the Jackson Laboratory all right, title,
and interest of the United States in and to the
following described land in the town of Bar Harbor, Hancock County, Maine, more particularly
described as follows:
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

§ 343c–4

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.
(Pub. L. 90–262, § 2, Mar. 4, 1968, 82 Stat. 40.)
§ 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

TITLE 16—CONSERVATION

(Pub. L. 90–265, Mar. 12, 1968, 82 Stat. 46.)
§ 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, 70 Stat. 597.)
REFERENCES IN TEXT
For laws relating to the disposition of Federal property, referred to in text, see, generally, subtitle I of
Title 40, Public Buildings, Property, and Works.

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, 41 Stat. 356.)
CODIFICATION
Recitation in this section as originally enacted of the
fact that Zion National Monument was established
under act June 8, 1906, ch. 3060, 34 Stat. 225, by Presidential proclamations of July 31, 1909, 36 Stat. 2498, and
Mar. 18, 1918, 40 Stat. 1760, was omitted as historically
obsolete.

§ 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 sections 1, 2, 3, and 4 of this
title, and Acts additional thereto or amendatory
thereof.
(Nov. 19, 1919, ch. 110, § 2, 41 Stat. 356.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
OBLIGATION OF FEES FOR TRANSPORTATION SERVICES
AT ZION OR ROCKY MOUNTAIN NATIONAL PARKS
For provisions relating to obligation of expenditure
of fees prior to receipt for transportation service contracts, see section 140 of Pub. L. 108–7, set out as a note
under section 195 of this title.

§ 346. Exchange of lands
The Secretary of the Interior is authorized to
exchange, in his discretion, alienated lands in

Page 210

Zion 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, 43 Stat. 594.)
§ 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 91⁄2 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, 46 Stat. 582.)
§ 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.
(Pub. L. 86–387, § 1, Feb. 20, 1960, 74 Stat. 4.)
§ 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 accord-

Page 211

§ 346e

TITLE 16—CONSERVATION

ance with the provisions of sections 1, 2, 3, and
4 of this title, as amended.

§ 346a–6. Transfer of administrative jurisdiction
to National Park Service

(Pub. L. 86–387, § 2, Feb. 20, 1960, 74 Stat. 5.)

Administrative jurisdiction over the land
identified as the Watchman Wilderness on the
Northeastern Washington County Wilderness
Map is hereby transferred to the National Park
Service, to be included in, and administered as
part of Zion National Park.

§ 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-ofway 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.
(Pub. L. 86–387, § 3, Feb. 20, 1960, 74 Stat. 5.)
§ 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.
(Pub. L. 94–578, title III, § 318, Oct. 21, 1976, 90
Stat. 2738.)
§ 346a–5. Zion National Park boundary adjustment
(a) Acquisition and boundary change
The Secretary of the Interior is authorized to
acquire by exchange approximately 5.48 acres located in the SW1⁄4 of Section 28, Township 41
South, Range 10 West, Salt Lake Base and Meridian. In exchange therefor the Secretary is authorized to convey all right, title, and interest
of the United States in and to approximately
5.51 acres in Lot 2 of Section 5, Township 41
South, Range 11 West, both parcels of land being
in Washington County, Utah. Upon completion
of such exchange, the Secretary is authorized to
revise the boundary of Zion National Park to
add the 5.48 acres in section 28 to the park and
to exclude the 5.51 acres in section 5 from the
park. Land added to the park shall be administered as part of the park in accordance with the
laws and regulations applicable thereto.
(b) Expiration
The authority granted by this section shall expire 2 years after November 12, 1996.
(Pub. L. 104–333, div. I, title II, § 202, Nov. 12, 1996,
110 Stat. 4105.)

(Pub. L. 111–11, title I, § 1972(d), Mar. 30, 2009, 123
Stat. 1080.)
DEFINITION
For definition of ‘‘Northeastern Washington County
Wilderness Map’’, see section 1971 of Pub. L. 111–11, set
out as a note under section 460www of this title.

§ 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 sections 346b to 346d of this
title shall not affect adversely any valid rights
or privileges heretofore existing within the
areas hereby established as the Zion National
Park.
(July 11, 1956, ch. 568, § 1, 70 Stat. 527.)
§ 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, 70 Stat. 527.)
§ 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 sections 346b to
346d of this title.
(July 11, 1956, ch. 568, § 3, 70 Stat. 527.)
§ 346e. Authorization for park facilities to be located outside the boundaries of Zion National Park and Yosemite National Park
In order to facilitate the administration of
Zion National Park and Yosemite National
Park, the Secretary of the Interior is authorized, under such terms and conditions as he may
deem advisable, to expend donated or appropriated funds for transportation systems or for
the establishment of essential facilities for park
administration and visitor use outside the
boundaries, but within the vicinity, of the park.
Such systems or facilities and the use thereof
shall be in conformity with approved plans for
the park. The Secretary shall use existing facilities wherever feasible. Such facilities may only
be constructed by the Secretary upon a finding
that the location of such facilities would—

§ 347

TITLE 16—CONSERVATION

(1) avoid undue degradation of natural or
cultural resources within the park;
(2) enhance service to the public; or
(3) provide a cost saving to the Federal Government.
The Secretary is authorized to enter into cooperative agreements with State or local governments or private entities to undertake the authority granted under this section. The Secretary is encouraged to identify and utilize
funding sources to supplement any Federal funding used for these facilities.
(Pub. L. 104–333, div. I, title VIII, § 814(c), Nov. 12,
1996, 110 Stat. 4195; Pub. L. 109–131, title I,
§ 102(a), Dec. 20, 2005, 119 Stat. 2567.)
AMENDMENTS
2005—Pub. L. 109–131 inserted ‘‘and Yosemite National
Park’’ after ‘‘Zion National Park’’ in section catchline
and in introductory provisions, inserted ‘‘for transportation systems or’’ after ‘‘appropriated funds’’ in introductory provisions, and substituted ‘‘systems or facilities’’ for ‘‘facilities’’ in introductory provisions.

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 abovedescribed 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.

Page 212

(Feb. 26, 1917, ch. 121, § 1, 39 Stat. 938; Jan. 30,
1922, ch. 39, 42 Stat. 359; Pub. L. 96–487, title II,
§ 202(3)(a), Dec. 2, 1980, 94 Stat. 2382; Pub. L.
102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)
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 fortyninth 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 fortyninth 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 Pub. L. 102–154, set out as a note under section
31 of Title 43, Public Lands.
‘‘Denali National Park’’ substituted in text for
‘‘Mount McKinley National Park’’ pursuant to Pub. L.
96–487, § 202(3)(a), which is classified to section
410hh–1(3)(a) of this title and which added lands to the
park, established additional land as the Denali National Preserve, and redesignated the whole as the
Denali National Park and Preserve.
FEASIBILITY STUDY FOR NORTHERN ACCESS ROUTE INTO
DENALI NATIONAL PARK AND PRESERVE
Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996,
110 Stat. 1321–156, 1321–164; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in
part that:
‘‘The National Park Service shall, within existing
funds, conduct a Feasibility Study for a northern access route into Denali National Park and Preserve in
Alaska, to be completed within one year of the enactment of this Act [Apr. 26, 1996] and submitted to the
House and Senate Committees on Appropriations and
to the Senate Committee on Energy and Natural Resources and the House Committee on Resources [now
Committee on Natural Resources]. The Feasibility
Study shall ensure that resource impacts from any plan
to create such access route are evaluated with accurate
information and according to a process that takes into
consideration park values, visitor needs, a full range of
alternatives, the viewpoints of all interested parties,
including the tourism industry and the State of Alaska, and potential needs for compliance with the National Environmental Policy Act [of 1969] [42 U.S.C.
4321 et seq.]. The Study shall also address the time required for development of alternatives and identify all
associated costs.
‘‘This Feasibility Study shall be conducted solely by
the National Park Service planning personnel permanently assigned to National Park Service offices located in the State of Alaska in consultation with the
State of Alaska Department of Transportation.’’

Page 213

§ 353a

TITLE 16—CONSERVATION
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 Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.

§ 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, 39 Stat. 938.)
REFERENCES IN TEXT
Herein, referred to in text, is act Feb. 26, 1917, which
is classified to sections 347 to 350, 351 to 353, and 354 of
this title. 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.

§ 349. Rights-of-way
Whenever consistent with the primary purposes of Denali National Park, section 79 of this
title shall be applicable to the lands included
within the park.
(Feb. 26, 1917, ch. 121, § 3, 39 Stat. 938; Pub. L.
96–487, title II, § 202(3)(a), Dec. 2, 1980, 94 Stat.
2382.)
REFERENCES IN TEXT
Section 79 of this title, referred to in text, was in the
original a reference to act Feb. 15, 1901, ch. 372, 31 Stat.
790. For further details, see Codification note set out
under section 79 of this title.

location under the Mining Law of 1872, subject to valid
existing rights.

§ 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, 39 Stat. 938; Pub. L.
96–487, title II, § 202(3)(a), Dec. 2, 1980, 94 Stat.
2382.)
CHANGE OF NAME
‘‘Denali National Park’’ substituted in text for
‘‘Mount McKinley National Park’’ pursuant to Pub. L.
96–487, § 202(3)(a), which is classified to section
410hh–1(3)(a) of this title and which added lands to the
park, established additional land as the Denali National Preserve, and redesignated the whole as the
Denali National Park and Preserve.

§ 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, 39 Stat. 939; May 21,
1928, ch. 654, § 2, 45 Stat. 622.)

CHANGE OF NAME

AMENDMENTS

‘‘Denali National Park’’ substituted in text for
‘‘Mount McKinley National Park’’ pursuant to Pub. L.
96–487, § 202(3)(a), which is classified to section
410hh–1(3)(a) of this title and which added lands to the
park, established additional land as the Denali National Preserve, and redesignated the whole as the
Denali National Park and Preserve.

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.

§ 350. Repealed. Pub. L. 94–429, § 3(b), Sept. 28,
1976, 90 Stat. 1342
Section, act Feb. 26, 1917, ch. 121, § 4, 39 Stat. 938, provided that nothing in sections 347 to 349, 351 to 353, and
354 of this title was to affect the mineral land laws applicable to lands in the park prior to Feb. 26, 1917.
MINING RIGHTS EXISTING PRIOR TO SEPTEMBER 28, 1976
Section 3 of Pub. L. 94–429 provided in part that this
section was repealed in order to close area to entry and
location under the Mining Law of 1872, subject to valid
existing rights.

§ 350a. Repealed. Pub. L. 94–429, § 3(c), Sept. 28,
1976, 90 Stat. 1342
Section, act Jan. 26, 1931, ch. 47, § 2, 46 Stat. 1043, provided that the Secretary of the Interior had the authority to prescribe regulations for the surface use of any
mineral land locations within the boundaries of the
park.

§ 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, 39 Stat. 939; May 21,
1928, ch. 654, § 1, 45 Stat. 622.)
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.

MINING RIGHTS EXISTING PRIOR TO SEPTEMBER 28, 1976

§ 353a. Repealed. Pub. L. 97–468, title
§ 615(a)(1), Jan. 14, 1983, 96 Stat. 2577

VI,

Section 3 of Pub. L. 94–429 provided in part that this
section was repealed in order to close area to entry and

Section, act Mar. 12, 1914, ch. 37, § 1, as added Mar. 29,
1940, ch. 74, 54 Stat. 80; Dec. 2, 1980, Pub. L. 96–487, title

§ 354

TITLE 16—CONSERVATION

II, § 202(3)(a), 94 Stat. 2382, authorized appropriation of
not to exceed $30,000 for construction and operation of
facilities for visitors and residents to Denali National
Park in Alaska.
EFFECTIVE DATE OF REPEAL
Repeal effective on date of transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant to section 1203
of Title 45, Railroads, see section 615(a) of Pub. L.
97–468.

§ 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, 39 Stat. 939.)
§ 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 section 347 of this title;
thence southerly along the summit of the ridge
between Toklat River and the Clearwater Fork
of said river and across Stony Creek at its confluence with the said Clearwater Fork to the
summit of the ridge between Stony Creek and
the Clearwater Fork of the Toklat River, thence
following the summit of said ridge and the summit of the ridge between the tributaries of said
Clearwater Fork, the headwaters of the North
Fork of Moose Creek and Boundary Creek to the
intersection with the present boundary of
Denali National Park at approximate latitude of
sixty-three degrees thirty-two minutes fortyfive seconds, longitude one hundred and fifty degrees twenty-four minutes forty-five seconds;
thence southwesterly fourteen and three-tenths
miles, more or less, to a point one-half mile
north of Wonder Lake on the stream flowing out
of Wonder Lake into Moose Creek; thence south
sixty-eight degrees west forty-three and fivetenths miles, more or less, to the point of intersection with the southwest boundary extended;
thence southeasterly thirty-three miles, more or
less, to the summit of Mount Russell; thence in
a northeasterly direction following the present
south boundary approximately eighty-eight
miles to Windy Creek at approximate latitude
sixty-three degrees twenty-five minutes fortyfive seconds, longitude one hundred and fortynine degrees one minute thirty-five seconds;
thence easterly following the north bank of
Windy Creek to the western boundary of The
Alaska Railroad right-of-way; thence northerly
following the west boundary of The Alaska Railroad right-of-way to a point due east of the
present north boundary of the park as extended
due east; thence due west following the present
north boundary of the park to the summit of the
ridge between Toklat River and the Clearwater

Page 214

Fork of said river; thence southerly following
the summit of said ridge to the place of beginning: Provided, however, That such isolated
tracts of land lying east of The Alaska Railroad
right-of-way and the west bank of the Nenana
River between the north bank of Windy Creek
and the north park boundary as extended eastward are also included in said park: Provided further, 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 purpose whatsoever, or shall affect the
rights of any such claimant, locator, or entryman to the full use and enjoyment of his land.
(Mar. 19, 1932, ch. 88, § 1, 47 Stat. 68; Pub. L.
96–487, title II, § 202(3)(a), Dec. 2, 1980, 94 Stat.
2382.)
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, 39 Stat. 938, which comprises this subchapter.
CHANGE OF NAME
‘‘Denali National Park’’ substituted in text for
‘‘Mount McKinley National Park’’ pursuant to Pub. L.
96–487, § 202(3)(a), which is classified to section
410hh–1(3)(a) of this title and which added lands to the
park, established additional land as the Denali National Preserve, and redesignated the whole as the
Denali National Park and Preserve.

§ 355a. Laws applicable to added lands
The provisions of sections 1, 2, 3, and 4 of this
title and this subchapter, together with all Acts
supplementary to and amendatory of said sections and subchapter are made applicable to and
extended over the lands added to the park by
section 355 of this title.
(Mar. 19, 1932, ch. 88, § 2, 47 Stat. 69.)
CODIFICATION
Section was not enacted as part of act Feb. 26, 1917,
ch. 121, 39 Stat. 938, which comprises this subchapter.

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, 41 Stat.
1407.

§ 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 suffi-

Page 215

§ 361d

TITLE 16—CONSERVATION

cient 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, 20 Stat. 258; June 16, 1880, ch.
246, § 3, 21 Stat. 289; Apr. 12, 1904, ch. 1249, 33
Stat. 173; May 23, 1906, ch. 2552, 34 Stat. 198, 199;
Apr. 30, 1908, ch. 154, 35 Stat. 98; Mar. 4, 1921, ch.
161, § 1, 41 Stat. 1407.)
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, 19
Stat. 377, to lay out, etc., the Hot Springs Reservation,
and revived and continued in force said act Mar. 3, 1877
to enable the Commissioners to perform the acts and
duties authorized by it. These and other earlier provisions relating to the establishment and management of
the reservation were temporary and have been executed.
Provisions of act Dec. 16, 1878, relating to leases of
ground, bathhouses, etc., were omitted as temporary in
nature and superseded by sections 362 to 368 of this
title.
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, 46 Stat.
1915, which provided as follows: ‘‘That the Secretary of
the Interior be, and is hereby, authorized in his discretion to convey to the P. F. Connelly Paving Company,
of Little Rock, Arkansas, by the issuance of patent or
other appropriate instrument of conveyance, and at an
appraised value to be approved by said Secretary, that
certain tract of land located within the Hot Springs
National Park, Garland County, Arkansas, described as
follows: Beginning at a point on the west boundary line
of Hot Springs National Park, Arkansas, said point
being the most southerly corner of lot 32, block 128,
United States Hot Springs Reservation as surveyed,
mapped, and platted by the United States Hot Springs
Commissioners; thence in a southeasterly direction and
at right angles to the boundary of Hot Springs National
Park aforesaid, a distance of fifty feet; thence in a
northeasterly direction and parallel with the aforementioned boundary line, two hundred and ninety feet;
thence in a northwesterly direction a distance of fifty
feet to the aforementioned boundary line; thence in a
southwesterly direction along said boundary line a distance of two hundred and ninety feet to the point of beginning; and, upon the transfer of title to said land to
the said company, the same shall be, and is hereby,
eliminated from the said Hot Springs National Park.’’
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, 43 Stat. 423.)
§ 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 ninetythird 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, 46 Stat. 1106.)
§ 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, 49 Stat. 1516; Aug. 10,
1939, ch. 639, 53 Stat. 1341.)
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, 53 Stat. 1342, appropriated $8,000 for
purchase of lands described in section 361c of this title.

§ 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;

§ 361e

TITLE 16—CONSERVATION

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, 52 Stat. 1038.)
§ 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,

Page 216

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, 53 Stat. 1342.)
§ 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.
(Pub. L. 85–679, Aug. 18, 1958, 72 Stat. 630.)
§ 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.
(Pub. L. 103–58, Aug. 2, 1993, 107 Stat. 280.)
§ 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 pay-

Page 217

§ 364

TITLE 16—CONSERVATION

ment provided for therein as may be just, but
not less than the minimum herein provided.
(Mar. 3, 1891, ch. 533, § 1, 26 Stat. 842; Mar. 4, 1921,
ch. 161, § 1, 41 Stat. 1407.)
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, 37 Stat. 459.
Act Feb. 14, 1931, ch. 180, 46 Stat. 1109, incorporated in
section 370a of this title, provided that upon the expiration on Mar. 6, 1932, of the existing lease of the Arlington Hotel Company, the property or site should be
kept, retained and maintained by the United States for
park and landscaping purposes, and that no new lease
shall be granted for the erection of another hotel, bathhouse or other structure thereon.
LEASES PURSUANT TO 1878 ACT
For prior provisions relating to leases of ground,
bathhouses, etc., made by act Dec. 16, 1878, ch. 5, 20
Stat. 258, see Codification notes set out under section
361 of this title.

§ 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, 26 Stat. 843; Mar. 4, 1921,
ch. 161, § 1, 41 Stat. 1407.)
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.

§ 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, 26 Stat. 843; Mar. 4, 1921,
ch. 161, § 1, 41 Stat. 1407.)

§ 365

TITLE 16—CONSERVATION
CHANGE OF NAME

‘‘Hot Springs National Park’’ substituted in text for
‘‘Hot Springs Reservation’’ pursuant to act Mar. 4, 1921.

(June 5, 1920, ch. 235, § 1, 41 Stat. 918; Mar. 4, 1921,
ch. 161, § 1, 41 Stat. 1407; Mar. 2, 1931, ch. 365, 46
Stat. 1462.)
CODIFICATION

§ 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, 26 Stat. 844; Mar. 4, 1921,
ch. 161, § 1, 41 Stat. 1407.)
CHANGE OF NAME

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.

‘‘Hot Springs National Park’’ substituted in text for
‘‘Hot Springs Reservation’’ pursuant to act Mar. 4, 1921.

§ 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, 26 Stat. 844; Mar. 4, 1921,
ch. 161, § 1, 41 Stat. 1407.)
CHANGE OF NAME
‘‘Hot Springs National Park’’ substituted in text for
‘‘Hot Springs Reservation’’ pursuant to act Mar. 4, 1921.

§ 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, 26 Stat. 844; Mar. 4, 1921,
ch. 161, § 1, 41 Stat. 1407.)
CHANGE OF NAME
‘‘Hot Springs National Park’’ substituted in text for
‘‘Hot Springs Reservation’’ pursuant to act Mar. 4, 1921.

§ 368. Operation of bathhouse in connection with
hotel
Nothing in sections 362 to 367 of this title shall
be so construed as to prevent the stockholders
of any hotel from operating a bathhouse in connection with such hotel as a part thereof.
(Mar. 3, 1891, ch. 533, § 8, 26 Stat. 844.)
§ 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.

Page 218

CHANGE OF NAME
‘‘Hot Springs National Park’’ substituted in text for
‘‘Hot Springs Reservation’’ pursuant to act Mar. 4, 1921.

§ 370. Omitted
CODIFICATION
Section, act Aug. 24, 1912, ch. 355, § 1, 37 Stat. 459, related to lease of Arlington Hotel site. See section 370a
of this title.

§ 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 (chapter 355, 37 Statutes 459) to the Arlington Hotel Company, and occupied by the hotel
and bathhouse building of said company until it
burned on April 5, 1923, shall upon the expiration
on March 6, 1932, of the existing lease therefor
with the said Arlington Hotel Company, be kept,
retained, and maintained by the United States
for park and landscaping purposes; and no new
lease shall be granted by the Secretary of the
Interior for the erection of another hotel, bathhouse, or other structure thereon.
(Feb. 14, 1931, ch. 180, 46 Stat. 1109.)
REFERENCES IN TEXT
Act August 24, 1912 (chapter 355, 37 Statutes 459), as
it related to lease of property at Hot Springs, Arkansas, referred to in text, was classified to section 370 of
this title and was omitted from the Code as superseded
by this section. For complete classification of this Act
to the Code, see Tables.

§ 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

Page 219

§ 372a

TITLE 16—CONSERVATION

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, 36 Stat. 1015; Mar. 4, 1921,
ch. 161, § 1, 41 Stat. 1407; June 26, 1936, ch. 843, 49
Stat. 1979.)
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 sections 373 and 374 of this title shall be so construed as to forbid the service within said
boundaries of any civil or criminal process of
any court having jurisdiction in the State of Arkansas. All fugitives from justice taking refuge
within said boundaries shall, on due application
to the executive of said State, whose warrant
may lawfully run within said territory for said
purpose, be subject to the laws which apply to
fugitives from justice found in the State of Arkansas. Said sections shall not be so construed
as to interfere with the right to tax all structures and other property in private ownership
within the boundaries above described, accorded
to the State of Arkansas by section 365 of this
title.
(Apr. 20, 1904, ch. 1400, §§ 1, 2, 33 Stat. 187; Mar.
3, 1911, ch. 231, § 291, 36 Stat. 1167; Sept. 18, 1922,
ch. 321, 42 Stat. 847; June 24, 1946, ch. 463, § 1, 60
Stat. 303; June 25, 1948, ch. 646, § 39, 62 Stat. 992.)

CODIFICATION
Provisions formerly 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 the provisions of this section and sections
373 and 374 of this title.
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, 34 Stat. 198.
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, 35 Stat. 98.
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, 36 Stat. 844.
The three provisions last mentioned were omitted
from the Code as executed.
AMENDMENTS
1948—Act June 25, 1948, struck out provision at end of
section based on section 2 of act Apr. 20, 1904, which
read ‘‘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 section 83 of Title
28, Judiciary and Judicial Procedure, section 3231 of
Title 18, Crimes and Criminal Procedure, and rule 18 of
the Federal Rules of Criminal Procedure, Title 18, Appendix.
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.

§ 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 twentyeight 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

§ 373

TITLE 16—CONSERVATION

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, 44 Stat. 1359.)
REFERENCES IN TEXT
Section 376 of this title, referred to in text, was repealed by act June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff.
Sept. 1, 1948. See section 636 of Title 28, Judiciary and
Judicial Procedure.

§ 373. Injuries to property
Any person who shall, within the tract mentioned in section 372 of this title, 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, natural curiosities, or other matter or thing growing or being thereon, or situated therein, 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.
(Apr. 20, 1904, ch. 1400, § 3, 33 Stat. 187.)
§ 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, 33 Stat. 188; Mar. 4,
1921, ch. 161, § 1, 41 Stat. 1407.)
1 See

References in Text note below.

Page 220
CHANGE OF NAME

‘‘Hot Springs National Park’’ substituted in text for
‘‘Hot Springs Reservation’’ pursuant to act Mar. 4, 1921.

§§ 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, 33 Stat. 188,
related to offenses under State law. See section 13 of
Title 18, Crimes and Criminal Procedure.
Section 376, acts Apr. 20, 1904, ch. 1400, § 6, 33 Stat. 188;
Mar. 2, 1907, ch. 2516, §§ 1, 2, 34 Stat. 1218; Mar. 3, 1911,
ch. 230, 36 Stat. 1086; June 24, 1946, ch. 463, § 2, 60 Stat.
303, related to prosecutions for violations of law or
rules and regulations. See section 636 of Title 28, Judiciary and Judicial Procedure.
Section 377, acts Apr. 20, 1904, ch. 1400, § 7, 33 Stat. 188;
Mar. 2, 1907, ch. 2516, § 2, 34 Stat. 1218; June 24, 1946, ch.
463, § 3, 60 Stat. 303, related to issuance of process. See
sections 3041 and 3141 of Title 18, Crimes and Criminal
Procedure, and rules 4, 5(c), and 9 of Federal Rules of
Criminal Procedure, Title 18, Appendix.
Section 378, acts Apr. 20, 1904, ch. 1400, § 8, 33 Stat. 189;
Mar. 2, 1907, ch. 2516, § 2, 34 Stat. 1218; June 24, 1946, ch.
463, § 4, 60 Stat. 303, related to process directed to marshal. See section 3053 of Title 18, rule 4 of Federal Rules
of Criminal Procedure, Title 18, Appendix, and rule 4 of
Federal Rules of Civil Procedure, Title 28, Appendix,
Judiciary and Judicial Procedure.
Section 379, acts Apr. 20, 1904, ch. 1400, § 9, 33 Stat. 189;
Mar. 2, 1907, ch. 2516, § 2, 34 Stat. 1218; June 24, 1946, ch.
463, § 5, 60 Stat. 303, related to fees of commissioner
[now magistrate judge]. See section 634 of Title 28.
Section 380, acts Apr. 20, 1904, ch. 1400, § 11, 33 Stat.
189; Mar. 2, 1907, ch. 2516, § 2, 34 Stat. 1218, related to disposition of fines and costs. See section 634 of Title 28.
Section 381, acts Apr. 20, 1904, ch. 1400, § 13, 33 Stat.
189; Mar. 2, 1907, ch. 2516, § 2, 34 Stat. 1218, related to
execution of sentence of conviction. See section 3041 of
Title 18, Crimes and Criminal Procedure.
Section 382, acts Apr. 20, 1904, ch. 1400, § 12, 33 Stat.
189; June 24, 1946, ch. 463, § 6, 60 Stat. 303, related to imprisonment for nonpayment of fines or costs. See section 3041 of Title 18.
Section 383, act Apr. 20, 1904, ch. 1400, § 10, 33 Stat. 189,
related to fees chargeable to United States. See section
604 of Title 28, Judiciary and Judicial Procedure.

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 Govern-

Page 221

TITLE 16—CONSERVATION

ment 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 fiftyseven 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 sixtyseven 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;

§ 391

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 thirtyfour 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 fiftyone and four-tenths feet along the KahaualeaKeaau boundary to a pipe;
22. Two hundred and eighty-one degrees thirty
thousand three hundred and one and seventenths feet along the remainder of Kahaualea to
a pipe;
23. Thirty-one degrees and thirty minutes thirteen thousand and seventy-four and seventenths 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, seventyeight 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

§ 391

TITLE 16—CONSERVATION

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, twentythree 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

Page 222

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 ninetysix 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
[16 U.S.C. 791a et seq.] shall not apply to or extend over lands defined in subdivision 5.
(Aug. 1, 1916, ch. 264, § 1, 39 Stat. 432; May 1, 1922,
ch. 174, 42 Stat. 503; Apr. 11, 1928, ch. 359, § 1, 45
Stat. 424.)
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 791a of this title. The Federal Power Act
is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
and is classified generally to chapter 12 (§ 791a et seq.)
of this title. For complete classification of this Act to
the Code, see section 791a of this title and Tables.
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 sections 393 and
394 of this title, and the provisions of act Aug. 25, 1916,
ch. 408, 39 Stat. 535, 536, incorporated in sections 1, 2, 3,
and 4 of this title; and all Acts supplementary to and
amendatory of said Acts.

Page 223

TITLE 16—CONSERVATION
AMENDMENTS

1928—Act Apr. 11, 1928, amended subd. First generally.
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–380, § 1, Nov. 12, 1998, 112 Stat. 3401, as
amended by Pub. L. 106–510, § 3(a)(2), Nov. 13, 2000, 114
Stat. 2363, provided that: ‘‘This Act [amending section
391b of this title] may be cited as the ‘Hawai‘i Volcanoes National Park Adjustment Act of 1998’.’’
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 Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set
out as notes preceding section 491 of Title 48, Territories and Insular Possessions.
HAWAI‘I VOLCANOES NATIONAL PARK
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawai‘i Volcanoes National
Park, effective Sept. 22, 1961, see section 391d of this
title.
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 396b of
this title.

§ 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 sixtenths 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 fiftyseven 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.

§ 391a

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 sixtyseven and nine-tenths feet.
8. Eighty-six degrees one minute thirty seconds six thousand seven hundred and seventyseven 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 fortytwo 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 seventynine 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 twentyeight 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 fiftytwo 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 fortyone 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

§ 391b

TITLE 16—CONSERVATION

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 fiftythree 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, 44 Stat. 1087.)
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 396b of
this title.

§ 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,

Page 224

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 twentytwo minutes and twenty-four seconds twelve
thousand four hundred and sixty-seven and ninetenths 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 seventyfour 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;

Page 225

§ 391b

TITLE 16—CONSERVATION

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 threetenths 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 fiftyfour 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 fortyfour 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. Land (including the land
depicted on the map entitled ‘‘NPS–PAC
1997HW’’) may be acquired by the Secretary
through donation, exchange, or purchase with
donated or appropriated funds.
(June 20, 1938, ch. 530, § 1, 52 Stat. 781; Pub. L.
105–380, § 2, Nov. 12, 1998, 112 Stat. 3401; Pub. L.
106–510, § 2, Nov. 13, 2000, 114 Stat. 2363.)
AMENDMENTS
2000—Pub. L. 106–510 substituted at end ‘‘park. Land
(including the land depicted on the map entitled
‘NPS–PAC 1997HW’) may be acquired by the Secretary
through donation, exchange, or purchase with donated
or appropriated funds.’’ for ‘‘park: Provided, That the
United States shall not purchase, by appropriation of

§ 391b–1

TITLE 16—CONSERVATION

public moneys, any land within the aforesaid area, but
such lands shall be secured by the United States only
by public and private donations, except for the land depicted on the map entitled ‘NPS–PAC 1997HW’, which
may be purchased with donated or appropriated funds.’’
1998—Pub. L. 105–380 inserted before period at end
‘‘, except for the land depicted on the map entitled
‘NPS–PAC 1997HW’, which may be purchased with donated or appropriated funds’’.
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, 79 Stat. 1318. Environmental Science Services Administration abolished in 1970 and its personnel,
property, records, etc., transferred to National Oceanic
and Atmospheric Administration by Reorg. Plan No. 4
of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By
order of Acting Associate Administrator of National
Oceanic and Atmospheric Administration, 35 F.R. 19249,
Dec. 19, 1970, Coast and Geodetic Survey redesignated
National Ocean Survey. See notes under section 311 of
Title 15, Commerce and Trade.
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 Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set
out as notes preceding section 491 of Title 48, Territories and Insular Possessions.
HAWAI‘I VOLCANOES NATIONAL PARK
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawai‘i Volcanoes National
Park, effective Sept. 22, 1961, see section 391d of this
title.

§ 391b–1. Laws applicable to added lands
The provisions of sections 1, 2, 3, 4, 391, 392, 393,
and 394 of this title and all Acts supplementary
to and amendatory of said sections are made applicable to and extended over the lands hereby
added to the park: Provided, That the provisions
of the Federal Power Act [16 U.S.C. 791a et seq.]
shall not apply to or extend over such lands.
(June 20, 1938, ch. 530, § 4, 52 Stat. 785.)
REFERENCES IN TEXT
Hereby, referred to in text, means act June 20, 1938,
which is classified to sections 391b, 391b–1, 392b, 392c,
396, and 396a of this title. For complete classification of
this Act to the Code, see Tables.
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 section 791a of this title. The Federal
Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as
amended, and is classified generally to chapter 12
(§ 791a et seq.) of this title. For complete classification
of this Act to the Code, see section 791a of this title and
Tables.

Page 226

§ 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
sections 391, 393 and 394 of this title, and described as follows, to wit:
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: Eightynine 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 twentyseven 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 twentyseven 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, 54 Stat. 761; July 26, 1947,
ch. 343, title II, § 207(a), (f), 61 Stat. 502, 503.)
CODIFICATION
‘‘Air Force’’ substituted in text for ‘‘War’’ on authority of section 207(a), (f) of act July 26, 1947, ch. 343, title
II, 61 Stat. 502, 503, which established a separate Department of the Air Force. Section 207(a), (f) of act
July 26, 1947, was repealed by section 53 of act Aug. 10,
1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10,
1956, enacted ‘‘Title 10, Armed Forces’’, which in sections 8011 to 8013 continued military Department of the
Air Force under administrative supervision of Secretary of the Air Force.
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 Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set
out as notes preceding section 491 of Title 48, Territories and Insular Possessions.
HAWAI‘I VOLCANOES NATIONAL PARK

CODIFICATION
Section is comprised of section 4 of act June 20, 1938,
less last proviso which is classified to section 392b of
this title.

Designation of portion of Hawaii National Park situated on island of Hawaii as Hawai‘i Volcanoes National
Park, effective Sept. 22, 1961, see section 391d of this
title.

Page 227

§ 392c

TITLE 16—CONSERVATION

§ 391d. Change in name of part of Hawaii National Park

tional Park, effective July 1, 1961, see section 396b of
this title.

Effective September 22, 1961, the portion of the
Hawaii National Park situated on the island of
Hawaii, established and administered pursuant
to sections 391, 393, and 394 of this title, as
amended and supplemented, shall be known as
the Hawai‘i Volcanoes National Park.

Act Apr. 11, 1928, ch. 359, § 2, 45 Stat. 426, extended
provisions of this section and made them applicable to
lands added to the park and included within boundary
established by section 391 of this title.

(Pub. L. 87–278, Sept. 22, 1961, 75 Stat. 577; Pub.
L. 106–510, § 3(a)(1), Nov. 13, 2000, 114 Stat. 2363.)
AMENDMENTS
2000—Pub. L. 106–510 substituted ‘‘Hawai‘i Volcanoes
National Park’’ for ‘‘Hawaii Volcanoes National Park’’.
CHANGE OF NAME
Pub. L. 106–510, § 3(a)(2), Nov. 13, 2000, 114 Stat. 2363,
provided that: ‘‘Any reference in any law (other than
this Act [see Short Title of 2000 Amendments note set
out under section 1 of this title]), regulation, document, record, map, or other paper of the United States
to ‘Hawaii Volcanoes National Park’ shall be considered a reference to ‘Hawai‘i Volcanoes National Park’.’’

§ 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
section 391 of this title, and all necessary perpetual easements and rights-of-way, or roadways, in fee simple, over or to said land or any
part thereof, but the provisions of section 73 of
an Act entitled ‘‘An Act to provide a government for the Territory of Hawaii,’’ approved
April 30, 1900, as amended by an Act approved
May 27, 1910, relating to exchanges of public
lands shall not apply in the acquisition, by exchange, of the privately owned lands herein referred to.
(Feb. 27, 1920, ch. 89, §§ 1, 2, 41 Stat. 452, 453.)
REFERENCES IN TEXT
Section 73 of an Act approved April 30, 1900, as
amended, referred to in text, was classified to sections
663, 664, 665 to 677b, 1509 to 1512 of Title 48, Territories
and Insular Possessions. Those sections were omitted
from the Code as obsolete.
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 Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set
out as notes preceding section 491 of Title 48, Territories and Insular Possessions.
HAWAI‘I VOLCANOES NATIONAL PARK
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawai‘i Volcanoes National
Park, effective Sept. 22, 1961, see section 391d of this
title.
HALEAKALA¯ NATIONAL PARK
Establishment of detached portion of Hawaii National Park lying on island of Maui as Haleakala¯ Na-

EXTENSION OF APPLICATION

§ 392a. Provisions of section 392 extended to additional lands
The provisions of section 392 of this title are
extended over and made applicable to the lands
added to the park and included within the
boundary established by section 391a of this
title.
(Feb. 12, 1927, ch. 111, § 2, 44 Stat. 1089.)
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 396b of
this title.

§ 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
sections 391b, 391b–1, 392c, 396, 396a of this title.
(June 20, 1938, ch. 530, § 4, 52 Stat. 785.)
CODIFICATION
Section is comprised of the last provision of section
4 of act June 20, 1938, the remainder of which is classified to section 391b–1 of this title.
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 Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out
as notes preceding section 491 of Title 48, Territories
and Insular Possessions.

§ 392c. Addition to Hawai‘i Volcanoes National
Park
(a) Acquisition of land
Notwithstanding any other provision of sections 391b, 391b–1, 392b, 396, and 396a of this title,
the Secretary of the Interior (hereinafter referred to as the ‘‘Secretary’’) is authorized to
acquire by donation or exchange the land and
interests therein comprising approximately 5,650
acres and identified as tract number 118/22 on
the map entitled ‘‘Recommended Land Acquisition’’, in the Hawai‘i Volcanoes National Park
Land Protection Plan as recommended May 17,
1985, which plan shall be on file and available for
public inspection in the Office of the Director,
National Park Service, Department of the Interior, Washington, D.C. and the Office of the Superintendent, Hawai‘i Volcanoes National Park,
Hawaii.
(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

§ 393

TITLE 16—CONSERVATION

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 Hawai‘i 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 Pub. L. 99–564,
§ 1, Oct. 27, 1986, 100 Stat. 3179; amended Pub. L.
108–352, § 3, Oct. 21, 2004, 118 Stat. 1395.)
AMENDMENTS
2004—Pub. L. 108–352 substituted ‘‘Hawai‘i Volcanoes’’
for ‘‘Hawaii Volcanoes’’ in two places in subsec. (a) and
in subsec. (e).

Page 228

§ 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, section 79 of this
title shall be applicable to the lands included
within the park. The Secretary of the Interior
may, in his discretion and upon such conditions
as he may deem wise, grant easements or rightsof-way for steam, electric, or similar transportation upon or across the park. No lands located
within the park boundaries held in private or
municipal ownership prior to August 1, 1916,
shall be affected by or subject to the provisions
of this section and sections 391 and 394 of this
title.
(Aug. 1, 1916, ch. 264, §§ 2, 3, 39 Stat. 433, 434.)
REFERENCES IN TEXT
Herein, referred to in text, means act Aug. 1, 1916,
which is classified to sections 391, 393 and 394 of this
title. 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.
Section 79 of this title, referred to in text, was in the
original a reference to act Feb. 15, 1901, ch. 372, 31 Stat.
790. For further details, see Codification note set out
under section 79 of this title.
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 section 396b of
this title.

§ 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 section 3 of this title, except as
inconsistent with this section. The regulations
promulgated shall provide for the preservation
from injury, of all timber, birds, mineral deposits, and natural curiosities or wonders within
said park, and their retention in their natural
condition as nearly as possible. He may in his
discretion grant leases for terms not exceeding
twenty years, at such annual rental as he may
determine, of parcels of land in said park of not
more than twenty acres in all to any one person,
corporation, or company for the erection and
maintenance of buildings for the accommodation of visitors; but no such lease shall include
any of the objects of curiosity or interest in said
park or exclude the public from free convenient
approach thereto or convey, either expressly or
by implication, any exclusive privilege within
the park except upon the premises held thereunder and for the time granted therein; and

Page 229

TITLE 16—CONSERVATION

every such lease shall require the lessee to observe and obey each and every provision in any
Act of Congress and every rule, order, or regulation of 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. He may
in his discretion grant to persons or corporations holding leases of land in the park on August 1, 1916, upon the surrender thereof, new
leases hereunder, upon the terms and stipulations contained in their present leases, with
such modifications, restrictions, and reservations as he may prescribe. All of the proceeds of
said leases and other revenues that may be derived from any source connected with the park
shall be expended under the direction of the Secretary, in the management and protection of the
same and the construction of roads and paths
therein. He may also, in his discretion, permit
the erection and maintenance of buildings in
said park for scientific purposes. No appropriation shall be made for the improvement or maintenance of said park until proper conveyances
shall be made to the United States of such perpetual easements and rights-of-way over private
lands within the exterior boundaries of said
park as the Secretary of the Interior shall find
necessary to make said park reasonably accessible in all its parts, and said Secretary shall
when such easements and rights-of-way have
been conveyed to the United States report the
same to Congress.
(Aug. 1, 1916, ch. 264, § 4, 39 Stat. 434; June 5, 1924,
ch. 263, 43 Stat. 390.)
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.
HAWAI‘I VOLCANOES NATIONAL PARK
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawai‘i Volcanoes National
Park, effective Sept. 22, 1961, see section 391d of this
title.
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 396b of
this title.

§ 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

§ 395c

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, 46 Stat. 227.)
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 Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set
out as notes preceding section 491 of Title 48, Territories and Insular Possessions.
HAWAI‘I VOLCANOES NATIONAL PARK
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawai‘i Volcanoes National
Park, effective Sept. 22, 1961, see section 391d of this
title.
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 396b of
this title.

§§ 395a, 395b. Repealed. June 25, 1948, ch. 646,
§ 39, 62 Stat. 992, eff. Sept. 1, 1948
Section 395a, act Apr. 19, 1930, ch. 200, § 2, 46 Stat. 227,
related to courts having jurisdiction of offenses. See
section 3231 of Title 18, Crimes and Criminal Procedure,
and rule 18 of Federal Rules of Criminal Procedure,
Title 18, Appendix.
Section 395b, act Apr. 19, 1930, ch. 200, § 3, 46 Stat. 227,
related to applicability of Hawaiian laws to offenses.
See section 13 of Title 18.

§ 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

§ 395d

TITLE 16—CONSERVATION

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, 46 Stat. 227.)
REFERENCES IN TEXT
This Act, referred to in text, is act Apr. 19, 1930,
which is classified to sections 395 to 395j of this title.
For complete classification of this Act to the Code, see
Tables.
HAWAI‘I VOLCANOES NATIONAL PARK
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawai‘i Volcanoes National
Park, effective Sept. 22, 1961, see section 391d of this
title.
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 396b of
this title.

§ 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, 46 Stat. 228.)
REFERENCES IN TEXT
This Act, referred to in text, is act Apr. 19, 1930,
which is classified to section 395 to 395j of this title.
For complete classification of this Act to the Code, see
Tables.
HAWAI‘I VOLCANOES NATIONAL PARK
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawai‘i Volcanoes National

Page 230

Park, effective Sept. 22, 1961, see section 391d of this
title.
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 396b of
this title.

§§ 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, 46 Stat. 228;
June 25, 1938, ch. 684, § 1, 52 Stat. 1164; June 28, 1938, ch.
778, § 1, 52 Stat. 1213; Apr. 21, 1948, ch. 223, § 2, 62 Stat.
196, related to appointment and jurisdiction of United
States commissioners. See provisions covering United
States magistrate judges in section 631 et seq. of Title
28, Judiciary and Judicial Procedure.
Section 395f, act Apr. 19, 1930, ch. 200, § 7, 46 Stat. 228,
related to issuance of process. See sections 3041 and 3141
of Title 18, Crimes and Criminal Procedure, and rules 4,
5(c), and 9 of Federal Rules of Criminal Procedure,
Title 18, Appendix.
Section 395g, act Apr. 19, 1930, ch. 200, § 8, 46 Stat. 229,
related to whom process issued. See section 3053 of
Title 18, rule 4 of Federal Rules of Criminal Procedure,
Title 18, Appendix, and rule 4 of Federal Rules of Civil
Procedure, Title 28, Appendix, Judiciary and Judicial
Procedure.
Section 395h, acts Apr. 19, 1930, ch. 200, § 9, 46 Stat.
229; June 25, 1938, ch. 684, § 2, 52 Stat. 1164; June 28, 1938,
ch. 778, § 1, 52 Stat. 1213, relating to commissioner’s
[now magistrate judge’s] salary. See section 633 of Title
28.
Section 395i, act Apr. 19, 1930, ch. 200, § 10, 46 Stat. 229,
related to fees and costs chargeable to United States.
See section 604 of Title 28.
Section 395j, act Apr. 19, 1930, ch. 200, § 11, 46 Stat. 229,
related to disposition of fines and costs. See section 634
of Title 28.

§ 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 section 391b of this title as may be deemed
by him necessary or desirable for national-park
purposes.
(June 20, 1938, ch. 530, § 2, 52 Stat. 784.)
HAWAI‘I VOLCANOES NATIONAL PARK
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawai‘i Volcanoes National
Park, effective Sept. 22, 1961, see section 391d of this
title.

§ 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 section 391b of this
title, to native Hawaiians when such occupancy
does not encroach on or prevent free access to
any points of historic, scientific, or scenic interest or in any manner obstruct or interfere with
protection and preservation of said area as a
part of the Hawaii National Park: Provided, however, That occupants of homesites shall reside on
the land not less than six months in any one
year: And provided further, That fishing shall be
permitted in said area only by native Hawaiian

Page 231

§ 396d

TITLE 16—CONSERVATION

residents of said area or of adjacent villages and
by visitors under their guidance.
(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, 52 Stat. 784.)
HAWAI‘I VOLCANOES NATIONAL PARK
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawai‘i Volcanoes National
Park, effective Sept. 22, 1961, see section 391d of this
title.

¯ NATIONAL
SUBCHAPTER XLII—HALEAKALA
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
sections 1, 2, 3, and 4 of this title, as amended
and supplemented, and in accordance with any
other applicable provision of law relating to the
Maui portion of Hawaii National Park.
(Pub. L. 86–744, § 1, Sept. 13, 1960, 74 Stat. 881;
Pub. L. 106–510, § 3(b)(1), Nov. 13, 2000, 114 Stat.
2363.)
AMENDMENTS
2000—Pub. L. 106–510 substituted ‘‘Haleakala¯ National
Park’’ for ‘‘Haleakala National Park’’.
CHANGE OF NAME
Pub. L. 106–510, § 3(b)(2), Nov. 13, 2000, 114 Stat. 2363,
provided that: ‘‘Any reference in any law (other than
this Act [see Short Title of 2000 Amendments note set
out under section 1 of this title]), regulation, document, record, map, or other paper of the United States
to ‘Haleakala National Park’ shall be considered a reference to ‘Haleakala¯ National Park’.’’
HAWAI‘I VOLCANOES NATIONAL PARK
Designation of portion of Hawaii National Park situated on island of Hawaii as Hawai‘i Volcanoes National
Park, effective Sept. 22, 1961 see section 391d of this
title.

§ 396c. Land acquisition; authorization of appropriations
(a) Notwithstanding any limitations on land
acquisition as provided by sections 391b, 391b–1,
392b, 392c, 396, and 396a of this title, the Secretary of the Interior may acquire for addition
to the park any land on the island of Maui within the boundaries of the area generally depicted
on the map entitled ‘‘Haleakala¯ National Park,
Segment 03,’’ numbered 162–30,000–G, and dated
May 1972, by donation, purchase with donated or
appropriated funds, or exchange. The map shall
be on file and available for public inspection in
the offices of the National Park Service, Department of the Interior.
(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.
(Pub. L. 86–744, § 2, as added Pub. L. 94–578, title
III, § 313, Oct. 21, 1976, 90 Stat. 2737; amended

Pub. L. 106–510, § 3(b)(1), Nov. 13, 2000, 114 Stat.
2363.)
AMENDMENTS
2000—Subsec. (a). Pub. L. 106–510 substituted
‘‘Haleakala¯ National Park’’ for ‘‘Haleakala National
Park’’.

¯ HAU
SUBCHAPTER XLII–A—KALOKO-HONOKO
NATIONAL HISTORICAL PARK
§ 396d. Establishment
(a) In general
(1) 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-Honoko¯hau 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 ‘‘KalokoHonoko¯hau National Historical Park,’’ numbered KHN–80,000, and dated May 1978.
(2) The boundaries of the park are modified to
include lands and interests therein comprised of
Parcels 1 and 2 totaling 2.14 acres, identified as
‘‘Tract A’’ on the map entitled ‘‘KalokoHonoko¯hau National Historical Park Proposed
Boundary Adjustment’’, numbered PWR (PISO)
466/82,043 and dated April 2002.
(3) The maps referred to in this subsection
shall be on file and available for public inspection in the appropriate offices of the National
Park Service.
(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 sections 1, 2, 3, 4, and 461
to 467 of this title, and generally in accordance
with the guidelines provided in the study report
entitled ‘‘Kaloko-Honoko¯hau’’ prepared by the
Honokohau Study Advisory Commission and the
National Park Service, May 1974, GPO 690–514.
(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

§ 396d

TITLE 16—CONSERVATION

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-Honoko¯hau (The Friends of KalokoHonoko¯hau), 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 tradi-

Page 232

tional 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
on December 31, 2018.
(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.
(Pub. L. 95–625, title V, § 505, Nov. 10, 1978, 92
Stat. 3499; Pub. L. 96–87, title IV, § 401(i), Oct. 12,
1979, 93 Stat. 666; Pub. L. 104–333, div. I, title V,
§ 503(b), Nov. 12, 1996, 110 Stat. 4155; Pub. L.
106–510, § 3(c)(1), Nov. 13, 2000, 114 Stat. 2363; Pub.
L. 108–142, § 2, Dec. 2, 2003, 117 Stat. 1875; Pub. L.
111–11, title VII, § 7401, Mar. 30, 2009, 123 Stat.
1219.)
REFERENCES IN TEXT
Sections 1, 2, 3, and 4 of this title, referred to in subsec. (c), was in the original a reference to the act ‘‘approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 461–467)’’.
Act Aug. 25, 1916, known as the ‘‘National Park Service
Organic Act’’, is classified to sections 1, 2, 3, and 4 of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1 of
this title and Tables.
AMENDMENTS
2009—Subsec. (f)(7). Pub. L. 111–11, which directed substitution of ‘‘on December 31, 2018’’ for ‘‘ten years after
the date of enactment of the Na Hoa Pili O KalokoHonokohau Re-establishment Act of 1996’’, was executed by making the substitution for ‘‘ten years after
the date of enactment of the Na Hoa Pili KalokoHonoko¯hau Re-establishment Act of 1996’’, to reflect
the probable intent of Congress.
2003—Subsec. (a). Pub. L. 108–142 designated existing
provisions as par. (1), substituted ‘‘1978.’’ for ‘‘1978,
which shall be on file and available for public inspection in the appropriate offices of the National Park
Service, Department of the Interior.’’, and added pars.
(2) and (3).
2000—Pub. L. 106–510, § 3(c)(1)(A), amended section
catchline.
Subsecs. (a), (c), (f)(1), (7). Pub. L. 106–510, § 3(c)(1)(B),
substituted
‘‘Kaloko-Honoko¯hau’’
for
‘‘KalokoHonokohau’’ wherever appearing.
1996—Subsec. (f)(7). Pub. L. 104–333 substituted ‘‘the
date of enactment of the Na Hoa Pili KalokoHonokohau Re-establishment Act of 1996’’ for ‘‘the date
of enactment of this Act’’.
1979—Subsec. (f)(1). Pub. L. 96–87 substituted ‘‘Na Hoa
Pili O Kaloko-Honokohau’’ for ‘‘Kaloko-Honokohau Na
Hoa Pili O Kaloko-Honokohau’’.
CHANGE OF NAME
Pub. L. 106–510, § 3(c)(2), Nov. 13, 2000, 114 Stat. 2364,
provided that: ‘‘Any reference in any law (other than
this Act [see Short Title of 2000 Amendments note set
out under section 1 of this title]), regulation, document, record, map, or other paper of the United States
to ‘Kaloko-Honokohau National Historical Park’ shall
be considered a reference to ‘Kaloko-Honoko¯hau National Historical Park’.’’
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108–142, § 1, Dec. 2, 2003, 117 Stat. 1875, provided
that: ‘‘This Act [amending this section] may be cited as
the ‘Kaloko-Honoko¯hau National Historical Park Addition Act of 2003’.’’
EXTENSION OF KALOKO-HONOKO¯ HAU ADVISORY
COMMISSION
Section 503(a) of title V of div. I of Pub. L. 104–333, as
amended by Pub. L. 106–510, § 3(c)(2), Nov. 13, 2000, 114

Page 233

Stat. 2364, provided that: ‘‘Notwithstanding section
505(f)(7) of Public Law 95–625 (16 U.S.C. 396d(f)(7)), the
Na Hoa Pili O Kaloko-Honoko¯hau, the Advisory Commission for Kaloko-Honoko¯hau National Historical
Park, is hereby re-established in accordance with section 505(f), as amended by paragraph (2) of this subsection [probably should be ‘subsection (b) of this section’, amending this section].’’
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Interior, see
section 2 of Pub. L. 95–625, set out as a note under section 2503 of this title.

§ 396e. Exchange of lands
Notwithstanding any other provision of law,
the Secretary is authorized and shall seek to acquire the lands described in section 396d(a) of
this title by first acquiring Federal surplus
lands of equivalent value from the General Services Administration and then exchanging such
surplus lands for the lands described in section
396d(a) of this title with the land owners. Exchanges shall be on the basis of equal value, and
any party to the exchange may pay or accept
cash in order to equalize the value of the property exchanged.
(Pub. L. 96–514, title I, § 100, Dec. 12, 1980, 94 Stat.
2960.)
§ 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 section 396d(a) of this title, by crediting a
surplus property account, to be established in
the name of each landowner, in the amount of
the acquisition price for such landowner’s lands.
The National Park Service shall update the existing appraisals for the parcels and, based on
the approved appraised values, shall negotiate
with the landowners for acquisition prices. Each
owner may, using such credits in his surplus
property account, bid, as any other bidder for
surplus property, wherever located, in accordance with chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906,
4710, and 4711) of subtitle I of title 41. The Administrator of the General Services Administration shall establish each landowner’s surplus
property account and shall adjust the credits in
such accounts to reflect successful bids under
this section. Title to the lands described in this
section shall pass to the Government at the
time of establishment of the surplus property
accounts. The credits in any of the surplus property accounts may be transferred or sold in
whole or in part at any time by the landowner
to any other party, thereby vesting such party
with all the rights of the landowner, and after
such transfer, the landowner shall notify the Administrator of the transfer. At any time the
Secretary may purchase the balance of any surplus property account subject to the availability
of appropriated funds. The land owner 1 may also
use the credits in exchange for excess lands,
1 So

§ 396f

TITLE 16—CONSERVATION

in original. Probably should be ‘‘landowner’’.

wherever located, under the jurisdiction of the
Secretary of the Interior.
(Pub. L. 98–146, title III, § 317, Nov. 4, 1983, 97
Stat. 954; Pub. L. 101–121, title I, Oct. 23, 1989, 103
Stat. 708.)
CODIFICATION
In text, ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and
4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949’’
on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116
Stat. 1303, which Act enacted Title 40, Public Buildings,
Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4,
2011, 124 Stat. 3854, which Act enacted Title 41, Public
Contracts.
AMENDMENTS
1989—Pub. L. 101–121 inserted sentence at end authorizing land owner to use the credits in exchange for excess land, wherever located, under the jurisdiction of
the Secretary of the Interior.
USE OF ACCOUNTS FOR SALES OF PROPERTIES BY
AGENCIES
Pub. L. 101–165, title IX, § 9102, Nov. 21, 1989, 103 Stat.
1151, as amended by Pub. L. 101–511, title VIII, § 8133(b),
Nov. 5, 1990, 104 Stat. 1910; Pub. L. 103–204, § 32(a), Dec.
17, 1993, 107 Stat. 2413, provided that:
‘‘(a) AVAILABILITY OF AMOUNTS IN ACCOUNTS.—
‘‘(1) IN GENERAL.—Notwithstanding any other law,
in addition to the purposes for which they are now
available, amounts in the accounts described in paragraph (2) shall, after December 22, 1987, be available
for use in any fiscal year for all purposes (including
use for purchase) involving any public sale of property by an agency of the United States. In conducting
any such sale, such an agency shall accept, in the
same manner as cash, any amount tendered from
such an account, and the balance of the account shall
be adjusted by the Secretary of the Treasury or the
Administrator of General Services, as applicable, to
reflect that transaction.
‘‘(2) ACCOUNTS DESCRIBED.—The accounts referred to
in subparagraph (B) are—
‘‘(A) the account in the Treasury established by
the Secretary of the Treasury pursuant to section
12(b) of Public Law 94–204 (43 U.S.C. 1611 note), referred to in that section as the ‘Cook Inlet Region,
Incorporated property account’; and
‘‘(B) the surplus property account established by
the Administrator of General Services pursuant to
section 317 of Public Law 98–146 (16 U.S.C. 396f).
‘‘(b) TREATMENT OF AMOUNT RECEIVED BY AGENCIES
FROM ACCOUNTS.—In any case in which an agency of the
United States that conducts a public sale of property is
authorized by law to use the proceeds of such sale for
a specific purpose, the Secretary of the Treasury shall,
without restriction, treat as cash receipts any amount
which is—
‘‘(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) AVAILABILITY OF FUNDS.—The Secretary of the
Treasury shall hereafter use funds in the Treasury not
otherwise appropriated to make any cash transfer that
is necessary under subsection (b) to allow an agency to
use the proceeds of a public sale of property.
‘‘(d) AGENCY DEFINED.—In this section the term
‘agency’ includes—
‘‘(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 chapter
91 of title 31, United States Code.
‘‘(e) PROPERTY DEFINED.—Notwithstanding the definition of ‘property’ found in the Federal Property and

§ 397

TITLE 16—CONSERVATION

Administrative Services Act of 1949, as amended [now
40 U.S.C. 102(9)], in this section the term ‘property’ includes any property—real, personal (including intangible assets sold or offered by the Federal Deposit Insurance Corporation or the Resolution Trust Corporation,
such as financial instruments, notes, loans, and bonds),
or mixed—owned, held, or controlled by the United
States (including that in a corporate capacity or as a
receiver or conservator, or such other similar fiduciary
relationship), and offered for sale by any agency or instrumentality of the United States, including but not
limited to the General Services Administration, Department of Defense, Department of the Interior, Department of Agriculture, Department of Housing and
Urban Development, the United States Courts and any
Government corporation, agency or instrumentality
subject to chapter 91 of title 31, United States Code;
real property as used in this section means any land or
interest in land or option to purchase land, any improvements on such lands, or rights to their use or exploitation.
‘‘(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.’’

SUBCHAPTER XLIII—PU‘UHONUA O
¯ NAUNAU NATIONAL HISTORICAL PARK
HO
§ 397. Establishment; boundaries
(a) Establishment
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
Pu‘uhonua o Ho¯naunau 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-OKanoni’’ 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:

Page 234

2. One hundred and thirty-five degrees fiftyone minutes three thousand nine hundred seventy-six and one-tenth feet;
3. One hundred and fifty-two degrees twentyfive 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 ninetenths 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 fiftyfour minutes twenty-six and nine-tenths feet
along stone wall;
11. Two hundred and fifteen degrees thirtyseven 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 fiftyone 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 eighttenths 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 onefourth-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 onehundredths acres.
PARCEL 2

Being portions of L. C. Aw. 11216 Apana 34 to
M. Kekauonohi, R. P. 7874 (Ahupuaa of
Honaunau).

Page 235

§ 397

TITLE 16—CONSERVATION

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 twentythree 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-OKanoni’’ being four thousand one hundred
eighty-two and four-tenths feet south and three
thousand seven hundred thirty-nine and fourtenths 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-OKanoni’’ 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 fortynine 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.
(b) Boundary modification
The boundaries of Pu‘uhonua o Ho¯naunau National Historical Park are hereby modified to include approximately 238 acres of lands and interests therein within the area identified as ‘‘Parcel A’’ on the map entitled ‘‘Pu‘uhonua o
Ho¯naunau National Historical Park Proposed
Boundary Additions, Ki‘ilae Village’’, numbered
PUHO–P 415/82,013 and dated May, 2001.
(c) Acquisition
The Secretary of the Interior is authorized to
acquire approximately 159 acres of lands and interests therein within the area identified as
‘‘Parcel B’’ on the map referenced in subsection
(b) of this section. Upon the acquisition of such
lands or interests therein, the Secretary shall
modify the boundaries of Pu‘uhonua o Ho¯naunau
National Historical Park to include such lands
or interests therein.
(July 26, 1955, ch. 385, § 1, 69 Stat. 376; Pub. L.
95–625, title III, § 305, Nov. 10, 1978, 92 Stat. 3477;
Pub. L. 106–510, § 3(d)(1), Nov. 13, 2000, 114 Stat.
2364; Pub. L. 107–340, § 2, Dec. 16, 2002, 116 Stat.
2889.)
AMENDMENTS
2002—Pub. L. 107–340 designated existing provisions as
subsec. (a), substituted ‘‘When’’ for ‘‘That, when’’, and
added subsecs. (b) and (c).
2000—Pub. L. 106–510 substituted ‘‘Pu‘uhonua o
Ho¯naunau National Historical Park’’ for ‘‘Puuhonua o
Honaunau National Historical Park’’ in introductory
provisions.
1978—Pub. L. 95–625 redesignated as ‘‘Puuhonua o
Honaunau National Historical Park’’ the Park previously designated ‘‘City of Refuge National Historical
Park’’.
CHANGE OF NAME
Pub. L. 106–510, § 3(d)(2), Nov. 13, 2000, 114 Stat. 2364,
provided that: ‘‘Any reference in any law (other than
this Act [see Short Title of 2000 Amendments note set

§ 397a

TITLE 16—CONSERVATION

out under section 1 of this title]), regulation, document, record, map, or other paper of the United States
to ‘Puuhonua o Honaunau National Historical Park[’]
shall be considered a reference to ‘Pu‘uhonua o
Ho¯naunau National Historical Park’.’’
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–340, § 1, Dec. 16, 2002, 116 Stat. 2889, provided that: ‘‘This Act [amending this section] may be
cited as the ‘Pu‘uhonua o Ho¯naunau National Historical Park Addition Act of 2002’.’’

Page 236

lands within the area described in section 397 of
this title, and to facilitate acquisition of the
lands needed for the national historical park,
the Governor of the Territory of Hawaii is also
authorized to acquire lands for said park, at the
expense of the Territory of Hawaii by exchange
or otherwise, in accordance with procedure prescribed by section 392 of this title.
(July 26, 1955, ch. 385, § 4, 69 Stat. 379.)

ADMISSION OF HAWAII AS STATE

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 Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set
out as notes preceding section 491 of Title 48, Territories and Insular Possessions.

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 Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set
out as notes preceding former section 491 of Title 48,
Territories and Insular Possessions.

§ 397a. Establishment; notice in Federal Register

§ 397d. Administration

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 section 397 of this title, the
Pu‘uhonua o Ho¯naunau National Historical
Park shall be established by order of the said
Secretary, which shall be published in the Federal Register. Any other lands within the area
described above shall become a part of the national historical park upon the vesting of title
thereto in the United States and upon publication of an appropriate supplemental order by the
said Secretary in the Federal Register.

The Pu‘uhonua o Ho¯naunau National Historical Park shall be administered by the Secretary
of the Interior subject to the provisions of sections 1, 2, 3, and 4 of this title, as amended and
supplemented, and such additional authority
compatible therewith as is contained in sections
461 to 467 of this title, with regard to preservation of historic sites and objects of national significance.

(July 26, 1955, ch. 385, § 2, 69 Stat. 379; Pub. L.
95–625, title III, § 305, Nov. 10, 1978, 92 Stat. 3477;
Pub. L. 106–510, § 3(d)(1), Nov. 13, 2000, 114 Stat.
2364.)
AMENDMENTS
2000—Pub. L. 106–510 substituted ‘‘Pu‘uhonua o
Ho¯naunau National Historical Park’’ for ‘‘Puuhonua o
Honaunau National Historical Park’’.
1978—Pub. L. 95–625 redesignated as ‘‘Puuhonua o
Honaunau National Historical Park’’ the park previously designated ‘‘City of Refuge National Historical
Park’’.

§ 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 Pu‘uhonua o Ho¯naunau National Historical Park within the area described in section
397 of this title.
(July 26, 1955, ch. 385, § 3, 69 Stat. 379; Pub. L.
95–625, title III, § 305, Nov. 10, 1978, 92 Stat. 3477;
Pub. L. 106–510, § 3(d)(1), Nov. 13, 2000, 114 Stat.
2364.)
AMENDMENTS
2000—Pub. L. 106–510 substituted ‘‘Pu‘uhonua o
Ho¯naunau National Historical Park’’ for ‘‘Puuhonua o
Honaunau National Historical Park’’.
1978—Pub. L. 95–625 redesignated as ‘‘Puuhonua o
Honaunau National Historical Park’’ the park previously designated ‘‘City of Refuge National Historical
Park’’.

§ 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

(July 26, 1955, ch. 385, § 5, 69 Stat. 379; Pub. L.
95–625, title III, § 305, Nov. 10, 1978, 92 Stat. 3477;
Pub. L. 106–510, § 3(d)(1), Nov. 13, 2000, 114 Stat.
2364.)
AMENDMENTS
2000—Pub. L. 106–510 substituted ‘‘Pu‘uhonua o
Ho¯naunau National Historical Park’’ for ‘‘Puuhonua o
Honaunau National Historical Park’’.
1978—Pub. L. 95–625 redesignated as ‘‘Puuhonua o
Honaunau National Historical Park’’ the park previously designated ‘‘City of Refuge National Historical
Park’’.

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 section 398a of this title,
as the ‘‘Virgin Islands National Park’’.
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, 70 Stat. 940.)
REFERENCES IN TEXT
The laws governing the administration of the national parks, referred to in the second par., are classified to section 1 et seq. of this title.

§ 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 thou-

Page 237

TITLE 16—CONSERVATION

sand 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 section 398 of this title, such tentative
boundaries to be selected and adjusted as may
be necessary by the Secretary of the Interior;
(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 section
398 of this title. Notwithstanding the acreage
limitations and boundary designations contained in this section, the Secretary is authorized to accept through donation, or purchase
from a willing seller, the real and personal property located on Lots 251–252 Estate Contant
Enighed, Parcels 86B and 86AA Cruz Bay Quarter;
(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 section
398 of this title;
(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 section 398 of this title shall have been acquired by the United States in specific areas
containing such acquired lands to be designated
by the Secretary; and
(f) Notice of the establishment of the park as
authorized and prescribed by this section and
section 398 of this title shall be published in the
Federal Register.
(Aug. 2, 1956, ch. 885, § 2, 70 Stat. 940; Pub. L.
95–348, § 7(b)(6), Aug. 18, 1978, 92 Stat. 495.)
AMENDMENTS
1978—Subsec. (c). Pub. L. 95–348 inserted provisions
relating to acceptance through donation or purchase of
the real and personal property located on Lots 251–252
Estate Contant Enighed.

§ 398b. Repealed. Pub. L. 85–404, May 16, 1958, 72
Stat. 112
Section, act Aug. 2, 1956, ch. 885, § 3, 70 Stat. 941, authorized an appropriation for capital improvements and
an annual appropriation for administration of the Virgin Islands National Park.

§ 398c

§ 398c. Addition of lands
In furtherance of the purposes of sections 398
and 398a of this title, providing for the establishment of the Virgin Islands National Park, and in
order to preserve for the benefit of the public
significant coral gardens, marine life, and seascapes in the vicinity thereof, the boundaries of
such park, subject to valid existing rights, are
revised to include the adjoining lands, submerged lands, and waters, and Hassel Island located in Saint Thomas Harbor and adjoining
lands, submerged lands, and waters, described as
follows:
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
sections 398 and 398a of this title, and published
in the Federal Register of July 7, 1960, the said
corner being the terminus of the course recited
therein as ‘‘north 58 degrees 50 minutes west a
distance of 20.0 feet, more or less, along Government land to a point;’’ for the third call in the
metes and bounds description lot F, Cruz Bay.
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 sections 398
and 398a of this title, being also the southeasterly corner of estate Haulover 5a and 5c east
end quarter as delineated on the municipality
of Saint Thomas and Saint John drawing PW
file numbered 9–24–T51 dated October 26, 1950;
Thence running generally westward along
the Virgin Islands National Park northerly

§ 398d

TITLE 16—CONSERVATION

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

Page 238

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
sections 398c to 398f of this title shall be subject
to administration by the Secretary of the Interior in accordance with the provisions of sections 1, 2, 3, and 4 of this title, as amended and
supplemented.
(Pub. L. 87–750, § 1, Oct. 5, 1962, 76 Stat. 746; Pub.
L. 95–348, § 7(a), Aug. 18, 1978, 92 Stat. 493.)
AMENDMENTS
1978—Pub. L. 95–348 inserted provisions relating to
boundaries of Hassel Island located in Saint Thomas
Harbor and adjoining lands, submerged lands, and waters.

§ 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 sections 398 and 398a of this title, and as
revised by sections 398c to 398f of this title, the
Secretary of the Interior is authorized to acquire lands, waters, and interests therein by
purchase, exchange or donation or with donated
funds. In acquiring such lands, up to 6.6 acres,
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 the current prevailing commercial rate.
(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 them-

Page 239

TITLE 16—CONSERVATION

selves 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.
(Pub. L. 87–750, § 2, Oct. 5, 1962, 76 Stat. 747; Pub.
L. 95–348, § 7(b)(1)–(3), Aug. 18, 1978, 92 Stat. 494.)
AMENDMENTS
1978—Pub. L. 95–348 designated existing provisions as
subsec. (a), inserted provisions respecting acquisitions
of up to 6.6 acres, and added subsecs. (b) to (d).
CANEEL BAY LEASE AUTHORIZATION
Pub. L. 111–261, § 1, Oct. 8, 2010, 124 Stat. 2777, provided
that:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) PARK.—The term ‘Park’ means the Virgin Islands National Park.
‘‘(2) RESORT.—The term ‘resort’ means the Caneel
Bay resort on the island of St. John in the Park.
‘‘(3) RETAINED USE ESTATE.—The term ‘retained use
estate’ means the retained use estate for the Caneel
Bay property on the island of St. John entered into
between the Jackson Hole Preserve and the United
States on September 30, 1983 (as amended, assigned,
and assumed).
‘‘(4) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘(b) LEASE AUTHORIZATION.—
‘‘(1) IN GENERAL.—If the Secretary determines that
the long-term benefit to the Park would be greater by
entering into a lease with the owner of the retained
use estate than by authorizing a concession contract
upon the termination of the retained use estate, the
Secretary may enter into a lease with the owner of
the retained use estate for the operation and management of the resort.
‘‘(2) ACQUISITIONS.—The Secretary may—
‘‘(A) acquire associated property from the owner
of the retained use estate; and
‘‘(B) on the acquisition of property under subparagraph (A), administer the property as part of
the Park.

§ 398d

‘‘(3) AUTHORITY.—Except as otherwise provided by
this section, a lease shall be in accordance with subsection (k) of section 3 of Public Law 91–383 (16 U.S.C.
1a–2(k)), notwithstanding paragraph (2) of that subsection.
‘‘(4) TERMS AND CONDITIONS.—A lease authorized
under this section shall—
‘‘(A) be for the minimum number of years practicable, taking into consideration the need for the
lessee to secure financing for necessary capital improvements to the resort, but in no event shall the
term of the lease exceed 40 years;
‘‘(B) prohibit any transfer, assignment, or sale of
the lease or otherwise convey or pledge any interest
in the lease without prior written notification to,
and approval by the Secretary;
‘‘(C) ensure that the general character of the resort property remains unchanged, including a prohibition against—
‘‘(i) any increase in the overall size of the resort; or
‘‘(ii) any increase in the number of guest accommodations available at the resort;
‘‘(D) prohibit the sale of partial ownership shares
or timeshares in the resort;
‘‘(E) include provisions to ensure the protection
of the natural, cultural, and historic features of the
resort and associated property, consistent with the
laws and policies applicable to property managed
by the National Park Service; and
‘‘(F) include any other provisions determined by
the Secretary to be necessary to protect the Park
and the public interest.
‘‘(5) RENTAL AMOUNTS.—In determining the fair
market value rental of the lease required under section 3(k)(4) of Public Law 91–383 (16 U.S.C. 1a–2(k)(4)),
the Secretary shall take into consideration—
‘‘(A) the value of any associated property conveyed to the United States; and
‘‘(B) the value, if any, of the relinquished term of
the retained use estate.
‘‘(6) USE OF PROCEEDS.—Rental amounts paid to the
United States under a lease shall be available to the
Secretary, without further appropriation, for visitor
services and resource protection within the Park.
‘‘(7) CONGRESSIONAL NOTIFICATION.—The Secretary
shall submit a proposed lease under this section to
the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources
of the House of Representatives at least 60 days before the award of the lease.
‘‘(8) RENEWAL.—A lease entered into under this section may not be extended or renewed.
‘‘(9) TERMINATION.—Upon the termination of a lease
entered into under this section, if the Secretary determines the continuation of commercial services at
the resort to be appropriate, the services shall be provided in accordance with the National Park Service
Concessions Management Improvement Act of 1998 (16
U.S.C. 5951 et seq.).
‘‘(c) RETAINED USE ESTATE.—
‘‘(1) IN GENERAL.—As a condition of the lease, the
owner of the retained use estate shall terminate, extinguish, and relinquish to the Secretary all rights
under the retained use estate and shall transfer,
without consideration, ownership of improvements on
the retained use estate to the National Park Service.
‘‘(2) APPRAISAL.—
‘‘(A) IN GENERAL.—The Secretary shall require an
appraisal by an independent, qualified appraiser
who is agreed to by the Secretary and the owner of
the retained use estate to determine the value, if
any, of the relinquished term of the retained use estate.
‘‘(B) REQUIREMENTS.—An appraisal under paragraph (1) shall be conducted in accordance with—
‘‘(i) the Uniform Appraisal Standards for Federal Land Acquisitions; and
‘‘(ii) the Uniform Standards of Professional Appraisal Practice.’’

§ 398e

TITLE 16—CONSERVATION

§ 398e. Bathing and fishing rights protected
(a) Regulations
Nothing in sections 398c to 398f of this title
shall be construed as authorizing any limitation
on customary uses of or access to the areas specified in section 398c of this title for bathing and
fishing (including setting out of fishpots and
landing boats), subject to such regulations as
the Secretary of the Interior may find reasonable and necessary for protection of natural conditions and prevention of damage to marine life
and formations.
(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.
(Pub. L. 87–750, § 3, Oct. 5, 1962, 76 Stat. 747; Pub.
L. 95–348, § 7(b)(4), Aug. 18, 1978, 92 Stat. 495.)

Page 240

as amended, known as the National Historic Preservation Act, which is classified generally to subchapter II
(§ 470 et seq.) of chapter 1A of this title. For complete
classification of this Act to the Code, see section 470(a)
of this title and Tables.
AMENDMENTS
1978—Pub. L. 95–348 substituted provisions authorizing appropriations for acquisition of lands and interests
in lands in the Park, provisions for acquisitions of land
on Hassel Island, and provisions authorizing appropriations for restoration and rehabilitation of historic
structures, etc., on Hassel Island and as a grant for the
Territory, for provisions authorizing appropriations of
not more than $12,250,000 for acquisition of lands pursuant to section 398d of this title.
1974—Pub. L. 93–477 substituted ‘‘$12,250,000’’ for
‘‘$1,250,000’’.

SUBCHAPTER XLV—BRYCE CANYON
NATIONAL PARK
CHANGE OF NAME

AMENDMENTS

Utah National Park changed to Bryce Canyon National Park, see section 402a of this title.

1978—Pub. L. 95–348 designated existing provisions as
subsec. (a) and added subsec. (b).

§ 401. Establishment; boundaries; administration

§ 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 (Public Law 95–42; 91 Stat. 210) [16 U.S.C.
460l–7]. In addition to such sums as may have
heretofore been appropriated for development of
public facilities within the Virgin Islands National Park, effective October 1, 1978, there are
authorized to be appropriated not more than
$1,000,000 for restoration and rehabilitation of
historic structures and for development of public facilities on Hassel Island, and not more than
$500,000 as a grant to the Territory of the Virgin
Islands for its use in furthering projects undertaken pursuant to the Land and Water Conservation Fund Act [16 U.S.C. 460l–4 et seq.], the
Historic Preservation Act [16 U.S.C. 470 et seq.],
or other comparable programs upon the transfer
of title to the United States of all properties
held by the territory on Hassel Island.
(Pub. L. 87–750, § 4, Oct. 5, 1962, 76 Stat. 748; Pub.
L. 93–477, title I, § 101(10), Oct. 26, 1974, 88 Stat.
1445; Pub. L. 95–348, § 7(b)(5), Aug. 18, 1978, 92
Stat. 495.)
REFERENCES IN TEXT
Paragraph (2) of the Act of June 10, 1977 (Public Law
95–42; 91 Stat. 210), referred to in text, amended section
460l–7 of this title.
The Land and Water Conservation Fund Act, referred
to in text, probably means the Land and Water Conservation Fund Act of 1965, Pub. L. 88–578, Sept. 3, 1964,
78 Stat. 897, as amended, which is classified principally
to part B (§ 460l–4 et seq.) of subchapter LXIX of chapter
1 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
460l–4 of this title and Tables.
The Historic Preservation Act, referred to in text,
probably means Pub. L. 89–665, Oct. 15, 1966, 80 Stat. 915,

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 sections 1, 2, 3, and 4 of
this title.
(June 7, 1924, ch. 305, §§ 1, 2, 43 Stat. 593, 594; Feb.
25, 1928, ch. 102, § 1, 45 Stat. 147; May 12, 1928, ch.
533, § 1, 45 Stat. 502.)
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 section 402a of this title.

Page 241

§ 402f

TITLE 16—CONSERVATION

§ 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, rightof-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, 43 Stat. 594; Feb. 25,
1928, ch. 102, § 1, 45 Stat. 147.)
REFERENCES IN TEXT
Herein, referred to in text, means act June 7, 1924,
which is classified to sections 346, 401 and 402 of this
title. 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.
CODIFICATION
The last sentence of this section as originally enacted
is expressly applicable also to Zion National Park. See
section 346 of this title.
CHANGE OF NAME
‘‘Utah National Park’’ changed to ‘‘Bryce Canyon National Park’’ by section 1 of act Feb. 25, 1928, classified
to section 402a of this title.

made a part of the Bryce Canyon National Park
subject to the provisions of sections 346, 401, and
402 of this title.
(Feb. 25, 1928, ch. 102, § 3, 45 Stat. 147.)
§ 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, 46 Stat. 582.)
§ 402e. Application of Federal Power Act
The provisions of the Federal Power Act [16
U.S.C. 791a et seq.] shall not apply to lands included in the Bryce Canyon National Park on
June 13, 1930, nor to any lands added to said
park under the authority of section 402d of this
title.
(June 13, 1930, ch. 480, § 2, 46 Stat. 583.)
REFERENCES IN TEXT

The area within the State of Utah described in
section 401 of this title, providing for the establishment of the Utah National Park, shall be,
when established as a national park, known as
the Bryce Canyon National Park.

The Federal Power Act, referred to in text, was in the
original the ‘‘Act of June 10, 1920, known as the Federal
Water Power Act,’’ and was redesignated as the Federal
Power Act by section 791a of this title. The Federal
Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as
amended, and is classified generally to chapter 12
(§ 791a et seq.) of this title. For complete classification
of this Act to the Code, see section 791a of this title and
Tables.

(Feb. 25, 1928, ch. 102, § 1, 45 Stat. 147.)

§ 402f. Further additions to park

§ 402b. 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

§ 402a. Utah National Park; change of name to
Bryce Canyon National 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 sections 346, 401, and 402 of
this title.
(Feb. 25, 1928, ch. 102, § 2, 45 Stat. 147; May 12,
1928, ch. 533, § 2, 45 Stat. 502.)
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

§ 402g

TITLE 16—CONSERVATION

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, 46 Stat. 1166; Mar. 7,
1942, ch. 161, 56 Stat. 141.)
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, 46 Stat. 1167.)
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, 44 Stat. 616.)

Page 242

TAPOCO PROJECT LICENSING
Pub. L. 108–343, Oct. 18, 2004, 118 Stat. 1372, known as
the ‘‘Tapoco Project Licensing Act of 2004’’, authorized
land exchange in Great Smoky Mountains National
Park between the Secretary of the Interior and private
corporation, and provided that Federal Energy Regulatory Commission had jurisdiction to license Tapoco
Hydroelectric Project on lands transferred by the Secretary.
LAND EXCHANGE IN GREAT SMOKY MOUNTAINS
NATIONAL PARK
For land exchange between National Park Service
and Eastern Band of Cherokee Indians involving tract
in Great Smoky Mountains National Park, see section
138 of Pub. L. 108–108, classified as a note under section
460a–5 of this title.
RIGHT-OF-WAY PERMITS FOR NATURAL GAS PIPELINES
IN GREAT SMOKY MOUNTAINS NATIONAL PARK
Pub. L. 107–223, Aug. 21, 2002, 116 Stat. 1338, authorized
the Secretary of the Interior to issue right-of-way permits for natural gas pipelines existing as of Sept. 1,
2001, or proposed for certain specified locations, within
the boundary of Great Smoky Mountains National
Park, subject to certain terms and conditions and consistent with laws and regulations generally applicable
to utility rights-of-way within units of the National
Park System.
SHENANDOAH NATIONAL PARK; ROADS ON FEDERAL
LAND; TRANSFER OF COUNTY ROAD CORRIDORS
Pub. L. 104–59, title III, § 349(b), Nov. 28, 1995, 109 Stat.
618, permitted State of Virginia to maintain and provide for safe public use of certain roads that State donated to United States at time of establishment of
Shenandoah National Park; established transfer from
United States to State of county road corridors for
that purpose; defined ‘‘county road corridor’’ and
‘‘Shenandoah county road’’; and provided for reversion
of corridors should they be withdrawn from use as public roadways.
TRANSFER OF LAND FOR USE AS CUSTOMS SERVICE
CANINE ENFORCEMENT TRAINING CENTER
Pub. L. 102–393, title V, § 533, Oct. 6, 1992, 106 Stat.
1763, provided that:
‘‘(a) IN GENERAL.—Subject to subsection (b), the Secretary of the Interior may transfer certain land located
in the Shenandoah National Park and described in subsection (c) to the Secretary of the Treasury for use by
the Secretary of the Treasury as a United States Customs Service Canine Enforcement Training Center.
‘‘(b) CONDITIONS OF TRANSFER.—
‘‘(1) PROTECTION OF THE PARK.—An agreement to
transfer pursuant to subsection (a) shall include such
provisions for the protection of Shenandoah National
Park as the Secretary of the Interior considers necessary.
‘‘(2) CONSIDERATION.—A transfer made pursuant to
subsection (a) shall be made without consideration or
reimbursement.
‘‘(3) ABANDONMENT.—If the land referred to in subsection (a) is abandoned by the Secretary of the
Treasury at any time, administrative jurisdiction of
the land shall revert to the Department of the Interior.
‘‘(c) DESCRIPTION OF THE LAND.—The land referred to
in subsection (a) is a plot of fenced land equaling 9.888
acres containing buildings, structures, fixtures, equipment, and other improvements affixed to or resting
upon the land, and has the following legal description:
‘‘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

Page 243

TITLE 16—CONSERVATION

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.’’
[For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.]

§ 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

§ 403–2

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 9771⁄2 acres, more or
less.
(June 13, 1939, ch. 198, 53 Stat. 815.)
§ 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.

§ 403–3

TITLE 16—CONSERVATION

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.
(Pub. L. 86–775, Sept. 13, 1960, 74 Stat. 915.)
§ 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 sections 1, 2, 3, and 4 of
this title, as amended and supplemented.
(Pub. L. 87–71, June 30, 1961, 75 Stat. 192.)
§ 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 section 403 of this title and to be
purchased with the $1,200,000 which has been
subscribed by the State of Virginia and the
Shenandoah National Park Association of Virginia and with other contributions for the purchase of lands in the Shenandoah National Park
area, and with the $1,066,693 which has been subscribed by the State of Tennessee and the Great

Page 244

Smoky Mountains Conservation Association and
by the Great Smoky Mountains (Incorporated)
(North Carolina) and with other contributions
for the purchase of lands in the Great Smoky
Mountains National Park area.
(May 22, 1926, ch. 363, § 2, 44 Stat. 616.)
§ 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 sections 1, 2, 3, and 4 of this title,
as amended: Provided, That the provisions of the
Federal Power Act [16 U.S.C. 791a et seq.] shall
not apply to these parks: And provided further,
That the minimum area to be administered and
protected by the National Park Service shall be
for the Shenandoah National Park area one hundred and sixty thousand acres and for the Great
Smoky Mountains National Park area four hundred thousand acres: Provided further, That no
general development of either of these areas
shall be undertaken until a major portion of the
remainder in such area shall have been accepted
by said Secretary.
(May 22, 1926, ch. 363, § 3, 44 Stat. 616; Feb. 16,
1928, ch. 59, § 1, 45 Stat. 109; Feb. 4, 1932, ch. 19,
§ 1, 47 Stat. 37; June 15, 1934, ch. 538, § 1, 48 Stat.
964.)
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 section 791a of this title. The
Federal Power Act is act June 10, 1920, ch. 285, 41 Stat.
1063, as amended, and is classified generally to chapter
12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this
title and Tables.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 403c. Omitted
CODIFICATION
Section, act May 22, 1926, ch. 363, § 4, 44 Stat. 617, authorized the Secretary of the Interior to employ, for
the purpose of carrying out the provisions of sections
403, 403a, and 403b of this title, the commission authorized by act Feb. 21, 1925, ch. 281, 43 Stat. 958 (a temporary act).

Page 245

§ 403c–3

TITLE 16—CONSERVATION

§ 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 nondiscrim-

inatory 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, 50 Stat. 700; June 5,
1942, ch. 343, 56 Stat. 321.)
REFERENCES IN TEXT
The Act of the General Assembly of the Commonwealth of Virginia, approved April 1, 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.
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, 50 Stat. 701, related to inclusion of park in judicial district. See section 127 of Title 28, Judiciary and Judicial Procedure.

§ 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

§ 403c–4

TITLE 16—CONSERVATION

Page 246

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.

§§ 403c–5 to 403c–11. Repealed. June 25, 1948, ch.
646, § 39, 62 Stat. 992, eff. Sept. 1, 1948

(Aug. 19, 1937, ch. 703, § 3, 50 Stat. 701.)

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.

REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 19, 1937,
which is classified to sections 403c–1 to 403c–11 of this
title. For complete classification of this Act to the
Code, see Tables.

§ 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, 50 Stat. 701.)
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 19, 1937,
which is classified to sections 403c–1 to 403c–11 of this
title. For complete classification of this Act to the
Code, see Tables.

Section 403c–5, acts Aug. 19, 1937, ch. 703, § 5, 50 Stat.
702; May 15, 1947, ch. 57, 61 Stat. 92, related to appointment and jurisdiction of commissioner. See provisions
covering United States magistrate judges in section 631
et seq. of Title 28, Judiciary and Judicial Procedure.
Section 403c–6, act Aug. 19, 1937, ch. 703, § 6, 50 Stat.
702, related to jurisdiction of other commissioners. See
provisions covering United States magistrate judges in
section 631 et seq. of Title 28.
Section 403c–7, act Aug. 19, 1937, ch. 703, § 7, 50 Stat.
702, related to issuance of process. See sections 3041 and
3141 of Title 18, Crimes and Criminal Procedure, and
rules 4, 5(c), and 9 of Federal Rules of Criminal Procedure, Title 18, Appendix.
Section 403c–8, act Aug. 19, 1937, ch. 703, § 8, 50 Stat.
702, related to whom process is directed. See section
3053 of Title 18, rule 4 of Federal Rules of Criminal Procedure, Title 18, Appendix, and rule 4 of Federal Rules
of Civil Procedure, Title 28, Appendix, Judiciary and
Judicial Procedure.
Section 403c–9, act Aug. 19, 1937, ch. 703, § 9, 50 Stat.
702, related to commissioner’s [now magistrate judge’s]
salary.
Section 403c–10, act Aug. 19, 1937, ch. 703, § 10, 50 Stat.
703, related to fees, costs, and expenses against United
States. See section 604 of Title 28, Judiciary and Judicial Procedure.
Section 403c–11, act Aug. 19, 1937, ch. 703, § 11, 50 Stat.
703, related to disposition of fines and costs. See section
634 of Title 28.

§ 403d. Lease of lands within Shenandoah National Park and Great Smoky Mountains National Park

(Feb. 16, 1928, ch. 59, § 2, 45 Stat. 109.)
§ 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

Page 247

§ 403h–1

TITLE 16—CONSERVATION

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, 47 Stat. 37.)
CODIFICATION
Provisions of act Feb. 4, 1932, § 2, relating to Mammoth Cave National Park and Isle Royale National
Park are classified to sections 404d and 408c of this
title.

§ 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 sections 403 and
403a to 403c of this title for inclusion in the area
to be known as the Great Smoky Mountains National Park.
(Apr. 19, 1930, ch. 197, 46 Stat. 225.)
§ 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, 48 Stat. 964.)
§ 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 ex-

change 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.
(Pub. L. 85–407, May 16, 1958, 72 Stat. 115.)
§ 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 sections 403 and 403a to 403c of this title, are
made a part of the said park as fully as if originally acquired for that purpose.
(June 15, 1934, ch. 538, § 2, 48 Stat. 964.)
§ 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, 56 Stat. 258.)
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

§ 403h–2

TITLE 16—CONSERVATION

over the territory referred to in this section has been
omitted as executed.

Page 248
REFERENCES IN TEXT

§ 403h–2. Repealed. June 25, 1948, ch. 646, § 39, 62
Stat. 992, eff. Sept. 1, 1948

This Act, referred to in text, is act Apr. 29, 1942,
which is classified to sections 403h–1 to 403h–10 of this
title. For complete classification of this Act to the
Code, see Tables.

Section, act Apr. 29, 1942, ch. 264, § 2, 56 Stat. 259, related to inclusion of park in a judicial district. See sections 113 and 123 of Title 28, Judiciary and Judicial Procedure.

§ 403h–4. Forfeiture of property used in commission of offenses

§ 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, 56 Stat. 259.)

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, 56 Stat. 260.)
REFERENCES IN TEXT
This Act, referred to in text, is act Apr. 29, 1942,
which is classified to sections 403h–1 to 403h–10 of this
title. For complete classification of this Act to the
Code, see Tables.

§§ 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, 56 Stat.
260, related to appointment and jurisdiction of commissioner. See provisions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure.
Section 403h–6, act Apr. 29, 1942, ch. 264, § 6, 56 Stat.
260, related to issuance of process. See sections 3041 and
3141 of Title 18, Crimes and Criminal Procedure, and
rules 4, 5(c), and 9 of Federal Rules of Criminal Procedure, Title 18, Appendix.
Section 403h–7, act Apr. 29, 1942, ch. 264, § 7, 56 Stat.
260, related to commissioner’s [now magistrate judge’s]
salary.
Section 403h–8, act Apr. 29, 1942, ch. 264, § 8, 56 Stat.
261, related to fees, costs, and expenses against United
States. See section 604 of Title 28, Judiciary and Judicial Procedure.
Section 403h–9, act Apr. 29, 1942, ch. 264, § 9, 56 Stat.
261, related to disposition of fines and costs. See section
634 of Title 28.

§ 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

Page 249

§ 403h–15

TITLE 16—CONSERVATION

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, 56 Stat. 261.)
REFERENCES IN TEXT
This Act, referred to in text, is act Apr. 29, 1942,
which is classified to sections 403h–1 to 403h–10 of this
title. For complete classification of this act to the
Code, see Tables.
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 sections 403h–3 and 403h–4 of this title.

§ 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 twentyfive 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, 58 Stat. 19.)
§ 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.
(Pub. L. 88–120, § 1, Sept. 9, 1963, 77 Stat. 154; Pub.
L. 91–108, § 1(1), (2), Nov. 4, 1969, 83 Stat. 182.)
AMENDMENTS
1969—Pub. L. 91–108 provided for a modified route for
the entrance road, changing it to near the intersection
at White Oak Church of North Carolina Routes Numbered 1338 and 1346 from a point on North Carolina
Highway Numbered 107 close to its point of interchange
with Interstate Route Numbered 40, near Hepco, North
Carolina, for construction of an interchange between
the entrance road and State Routes 1338 and 1346, and
acceptance of a donation of land needed for the interchange; and increased the entrance road from a length
of four and two-tenths mile aggregating five hundred
and twenty-five acres of land to a length of five and
two-tenths mile aggregating six hundred and fifty
acres, respectively.

§ 403h–13. Authorization of appropriations
There is hereby authorized to be appropriated
for construction of an entrance road on land acquired pursuant to section 403h–12 of this title
not more than $2,500,000 (1969 prices), plus or
minus such amounts, if any, as may be justified
by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein.
(Pub. L. 88–120, § 2, Sept. 9, 1963, 77 Stat. 155; Pub.
L. 91–108, § 1(3), Nov. 4, 1969, 83 Stat. 183.)
AMENDMENTS
1969—Pub. L. 91–108 substituted appropriations authorization of ‘‘$2,500,000 (1969 prices), plus or minus
such amounts, if any, as may be justified by reason of
ordinary fluctuations in construction costs as indicated
by engineering cost indexes applicable to the types of
construction involved herein’’ for prior authorization
or ‘‘$1,160,000’’.

§ 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 section 403h–11 of this title.
(Pub. L. 88–415, Aug. 10, 1964, 78 Stat. 388.)
§ 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

§ 403h–16

TITLE 16—CONSERVATION

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.
(Pub. L. 91–57, § 1, Aug. 9, 1969, 83 Stat. 100.)
§ 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-ofway 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.
(Pub. L. 91–57, § 2, Aug. 9, 1969, 83 Stat. 100.)
§ 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 sections 403h–15 and 403h–16 of this title shall eliminate them from the park and parkway. Upon
such conveyance and upon acceptance by the
State of Tennessee of legislative jurisdiction
over the lands and notification of such acceptance being given to the Secretary of the Interior, such jurisdiction is retroceded to the State.
(Pub. L. 91–57, § 3, Aug. 9, 1969, 83 Stat. 100.)
§ 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 sections 403 and 403a to 403c of this title; and the
Secretary of the Interior is further authorized,
when in his opinion unreasonable prices are
asked for any of such lands, to acquire the same
by condemnation under the provisions of section
3113 of title 40.

Page 250

(Feb. 12, 1938, ch. 27, § 5, 52 Stat. 29.)
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and
Works.

§ 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, 52 Stat. 29.)
§ 403k. Boundary between Great Smoky Mountains National Park and Cherokee-PisgahNantahala National Forests
The portion of the boundary of the Great
Smoky Mountains National Park that is common to and between the park and the CherokeePisgah-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 sections 403 and 403a
to 403c of this title; thence following the divide
northeasterly to the summit of Bent Knee Knob;
thence northwesterly and northerly following
Trail Ridge and White Oak Mountain to a point
where the present national forest boundary
leaves White Oak Mountain and running with
same northwesterly across Cataloochee Creek to
the southeast corner of a tract of national park
land and northwesterly through the same following the crest of the ridge next south of the
east boundary of the said tract to the old road
on the summit of Longarm Mountain; thence
southwesterly and northwesterly follows the
said road running with the top of Scottish
Mountain and through a tract of national forest
land to the south boundary of a tract of national
park land just east of Mount Sterling Gap;
thence northerly following the south and east
boundaries of the said tract of national park
land to the northeast corner thereof; thence
northeasterly through a tract of national forest
land, following the crest of the ridge parallel to
and east of Mount Sterling Creek to the summit
of the ridge terminated by the juncture of
Mount Sterling Creek with its south prong;
thence northwesterly across Mount Sterling
Creek to the summit northeast of Ivy Gap;
thence westerly to a point where the westerly
boundary of a tract of Forest Service land diverges from North Carolina State Highway
Numbered 284; thence with the highway northerly to a point where North Carolina Highway
Numbered 284 joins Tennessee Highway Numbered 75 at the State line;
(b) Between Nantahala National Forest and
Great Smoky Mountains National Park, the

Page 251

§ 404b

TITLE 16—CONSERVATION

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, 64 Stat. 377.)
§ 403k–1. Laws applicable
Subject to valid existing rights, all lands within the boundaries of Great Smoky Mountains
National Park, as redefined by sections 403k to
403k–2 of this title, hereafter shall be a part of
the national park and shall be subject to all
laws, rules, and regulations applicable to the national park. All federally owned lands eliminated from the national park by said sections
shall hereafter be a part of the Pisgah National
Forest and shall be subject to all laws, rules,
and regulations relating to such national forest.
(July 26, 1950, ch. 492, § 2, 64 Stat. 378.)
§ 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
sections 403 and 403a to 403c of this title, shall
upon acceptance by the Secretary of the Interior, become a part of the Great Smoky Mountains National Park and shall be subject to all
laws, rules, and regulations applicable to said
park.
(July 26, 1950, ch. 492, § 3, 64 Stat. 378.)
§ 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.
(Pub. L. 96–199, title I, § 106, Mar. 5, 1980, 94 Stat.
69.)
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 (chapter
281, 43 Statutes 958); 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 Mammoth
Cave 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 or private donation.
(May 25, 1926, ch. 382, § 1, 44 Stat. 635.)
REFERENCES IN TEXT
Act of February 21, 1925, referred to in text, was not
classified to the Code.

§ 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 section 404 of this title,
and to be purchased with the funds which may
be subscribed by or through the Mammoth Cave
National Park Association of Kentucky, and
with other contributions for the purchase of
lands in the Mammoth Cave National Park area:
Provided, That any of said lands may be donated
directly to the United States and conveyed to it,
cost free, by fee-simple title, in cases where such
donations may be made without the necessity of
purchase.
(May 25, 1926, ch. 382, § 2, 44 Stat. 635.)
§ 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 sections 1, 2, 3, and 4 of this title,
as amended: Provided, That the provisions of the
Federal Power Act [16 U.S.C. 791a et seq.] shall
not apply to this park: And provided further,
That the minimum area to be administered and
protected by the National Park Service shall be,
for the said Mammoth Cave National Park,
twenty thousand acres: Provided further, That no
general development of said area shall be undertaken until a major portion of the remainder in
such area, including all the caves thereof, shall
have been accepted by said Secretary, and he
shall have established a schedule of fees for admission to such caves.
(May 25, 1926, ch. 382, § 3, 44 Stat. 636; May 14,
1934, ch. 282, § 1, 48 Stat. 775.)
REFERENCES IN TEXT
The Federal Power Act, referred to in text, was in the
original the ‘‘Act approved June 10, 1920, known as the

§ 404b–1

TITLE 16—CONSERVATION

Federal Water Power Act,’’ and was redesignated as the
Federal Power Act by section 791a of this title. The
Federal Power Act is act June 10, 1920, ch. 285, 41 Stat.
1063, as amended, and is classified generally to chapter
12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this
title and Tables.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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 section 404b of this title, is modified accordingly.
(Aug. 28, 1937, ch. 873, § 2, 50 Stat. 871.)
EVENTUAL ACQUISITION OF GREAT ONYX AND CRYSTAL
CAVES
Eventual acquisition of Great Onyx and Crystal
Caves, see section 404b–2 of this title.

§ 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, 68 Stat. 36.)
§ 404c. Omitted
CODIFICATION
Section, act May 25, 1926, ch. 382, § 4, 44 Stat. 636, authorized the Secretary of the Interior to employ, for
the purpose of carrying out the provisions of sections
404 to 404b of this title, the commission authorized by
act Feb. 21, 1925, ch. 281, 43 Stat. 958 (a temporary act).

Page 252

§ 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, 56 Stat. 317.)
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, 56 Stat. 317; June 25,
1948, ch. 646, § 39, 62 Stat. 992.)
AMENDMENTS
1948—Act June 25, 1948, struck out first sentence relating to inclusion of park in a judicial district. See
section 97 of Title 28, Judiciary and Judicial Procedure,
and section 3231 of Title 18, Crimes and Criminal Procedure.
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.

§ 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 per-

Page 253

§ 404c–11

TITLE 16—CONSERVATION

sons, 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, 56 Stat. 317.)
REFERENCES IN TEXT
This Act, referred to in text, is act June 5, 1942, which
is classified to sections 404c–1 to 404c–12 of this title.
For complete classification of this Act to the Code, see
Tables.

§ 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, 56 Stat. 318.)
REFERENCES IN TEXT
This Act, referred to in text, is act June 5, 1942, which
is classified to sections 404c–1 to 404c–12 of this title.
For complete classification of this Act to the Code, see
Tables.

§§ 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, 56 Stat.
318; Apr. 21, 1948, ch. 223, § 3, 62 Stat. 196, related to appointment and jurisdiction of commissioner. See provisions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure.
Section 404c–6, act June 5, 1942, ch. 341, § 6, 56 Stat.
319, related to issuance of process. See sections 3041 and
3141 of Title 18, Crimes and Criminal Procedure, and
rules 4, 5(c), and 9 of Federal Rules of Criminal Procedure, Title 18, Appendix.
Section 404c–7, act June 5, 1942, ch. 341, § 7, 56 Stat.
319, related to commissioner’s [now magistrate judge’s]
salary. See section 634 of Title 28, Judiciary and Judicial Procedure.
Section 404c–8, act June 5, 1942, ch. 341, § 8, 56 Stat.
319, related to fees, costs, and expenses against United
States. See section 604 of Title 28.
Section 404c–9, act June 5, 1942, ch. 341, § 9, 56 Stat.
319, related to disposition of fines and costs. See section
634 of Title 28.

§ 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, 56 Stat. 319.)
REFERENCES IN TEXT
This Act, referred to in text, is act June 5, 1942, which
is classified to sections 404c–1 to 404c–12 of this title.
For complete classification of this Act to the Code, see
Tables.
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 sections
404c–2 to 404c–4 of this title.

§ 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 sections 404
to 404b and 404c of this title, notwithstanding
the provisions of sections 404b–1 and 404f of this
title, or any action taken thereunder to exclude
certain caves from the park area.
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

§ 404c–12

TITLE 16—CONSERVATION

a proper and suitable entrance road to Mammoth Cave National Park, as authorized in section 404c–12 of this title. The funds heretofore
deposited in the Treasury under special fund receipt account 146664 shall, upon June 30, 1948, be
transferred to the general fund of the Treasury
as miscellaneous receipts: Provided, That no part
of this authorization shall be used for road development or construction until after all the
lands within the maximum boundaries, as authorized by sections 404 to 404b and 404c of this
title, have been acquired by purchase, condemnation or otherwise.
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, 56 Stat. 319; June 30,
1948, ch. 764, 62 Stat. 1165.)
REFERENCES IN TEXT
Section 404c of this title, referred to
omitted from the Code.
This Act, referred to in text, is act June
is classified to sections 404c–1 to 404c–12
For complete classification of this Act to
Tables.

in text, was
5, 1942, which
of this title.
the Code, see

Page 254

§ 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, 47 Stat. 37.)

AMENDMENTS

CODIFICATION

1948—Act June 30, 1948, amended section to provide
for an appropriation of $350,000 to acquire additional
cave lands.

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 sections 403e and 408c of
this title.

§ 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, 56 Stat. 320.)
REFERENCES IN TEXT
This Act, referred to in text, is act June 5, 1942, which
is classified to sections 404c–1 to 404c–12 of this title.
For complete classification of this Act to the Code, see
Tables.

§ 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, 48 Stat. 775.)
§ 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 section 404 of this
title, are made a part of the said park as fully
as if originally acquired for that purpose and the
proviso at the end of section 404 of this title
shall not be construed so as to prohibit the acquisition of lands in said area under funds made
available as aforesaid.
(Aug. 28, 1937, ch. 873, § 1, 50 Stat. 871.)
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

Page 255

§ 406d–1

TITLE 16—CONSERVATION

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 [16 U.S.C. 791a et seq.], and to
the cutting and removal of the merchantable
timber on the northeast quarter southwest quarter, section 35, township 27 south, range 12 west,
pursuant to a sale thereof heretofore made, are
reserved and set apart as public parks and camp
sites for recreational purposes and to preserve
the rare groves of myrtle trees thereon, such
lands to be placed under the care, control, and
management of the county court of Coos County, Oregon, in accordance with such rules and
regulations as the Secretary of the Interior may
prescribe: Provided, That all the expense of such
care, control, and management shall be paid by
the said county court.
(May 5, 1926, ch. 241, § 1, 44 Stat. 397.)
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 section 791a of
this title. The Federal Power Act is act June 10, 1920,
ch. 285, 41 Stat. 1063, as amended, and is classified generally to chapter 12 (§ 791a et seq.) of this title. For
complete classification of this Act to the Code, see section 791a of this title and Tables.

§ 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, 44 Stat. 398.)
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, 45 Stat.
1314–1316, related to Grand Teton National Park of Wyoming. See section 406d–1 et seq. of this title. See, also,
sections 482m and 673b, relating to Teton National Forest, and National Elk Refuge, in Wyoming, respectively.
Sections 406 to 406d were not enacted as part of act
Sept. 14, 1950, ch. 950, 64 Stat. 849, which comprises this
subchapter.

§ 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 sections 431a,
451a, 482m, 673b, and 673c of this title, and an
order setting forth the boundaries of the park
shall be prepared by the Secretary of the Interior and published in the Federal Register. The
national park so established shall, so far as consistent with the provisions of this subchapter
and said sections, be administered in accordance
with the general statutes governing national
parks, and shall supersede the present Grand
Teton National Park and the Jackson Hole National Monument.
(Sept. 14, 1950, ch. 950, § 1, 64 Stat. 849.)
REFERENCES IN TEXT
The Jackson Hole National Monument, referred to in
text, was created in Wyoming by Presidential Proc. No.
2578, Mar. 15, 1943, 57 Stat. 731. For provisions transferring other lands of such former national monument, see
sections 482m and 673b of this title.
Provisions relating to the ‘‘present Grand Teton National Park’’, referred to in text, were contained in
former sections 406 to 406d of this title, which sections
were repealed by another provision of section 1 of act
Sept. 14, 1950.
CODIFICATION
Section comprises all of section 1 of act Sept. 14, 1950,
except the final sentence thereof. The final sentence repealed sections 406 to 406d of this title which established, and related to, the former ‘‘Grand Teton National Park of Wyoming’’. It also contained a proviso,
of which part is set out as section 431a of this title, and
the remainder, as section 451a of this title.
GRAND TETON NATIONAL PARK EXTENSION
Pub. L. 110–47, July 13, 2007, 121 Stat. 241, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Grand Teton National
Park Extension Act of 2007’.
‘‘SEC. 2. DEFINITIONS.
‘‘In this Act:
‘‘(1) PARK.—The term ‘Park’ means the Grand
Teton National Park.
‘‘(2) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘(3) SUBDIVISION.—The term ‘Subdivision’ means
the GT Park Subdivision, with an area of approximately 49.67 acres, as generally depicted on—
‘‘(A) the plat recorded in the Office of the Teton
County Clerk and Recorder on December 16, 1997,
numbered 918, entitled ‘Final Plat GT Park Subdivision’, and dated June 18, 1997; and
‘‘(B) the map entitled ‘2006 Proposed Grand Teton
Boundary Adjustment’, numbered 136/80,198, and
dated March 21, 2006, which shall be on file and
available for inspection in appropriate offices of the
National Park Service.
‘‘SEC. 3. ACQUISITION OF LAND.
‘‘(a) IN GENERAL.—The Secretary may accept from
any willing donor the donation of any land or interest
in land of the Subdivision.
‘‘(b) ADMINISTRATION.—On acquisition of land or an
interest in land under subsection (a), the Secretary
shall—

§ 406d–1

TITLE 16—CONSERVATION

‘‘(1) include the land or interest in the boundaries
of the Park; and
‘‘(2) administer the land or interest as part of the
Park, in accordance with all applicable laws (including regulations).
‘‘(c) DEADLINE FOR ACQUISITION.—It is the intent of
Congress that the acquisition of land or an interest in
land under subsection (a) be completed not later than
1 year after the date of enactment of this Act [July 13,
2007].
‘‘(d) RESTRICTION ON TRANSFER.—The Secretary shall
not donate, sell, exchange, or otherwise transfer any
land acquired under this section without express authorization from Congress.
‘‘SEC. 4. CRAIG THOMAS DISCOVERY AND VISITOR
CENTER.
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) Craig Thomas was raised on a ranch just outside of Cody, Wyoming, near Yellowstone National
Park and Grand Teton National Park, where he—
‘‘(A) began a lifelong association with those
parks; and
‘‘(B) developed a deep and abiding dedication to
the values of the public land of the United States;
‘‘(2) during his 18-year tenure in Congress, including
service in both the Senate and the House of Representatives, Craig Thomas forged a distinguished
legislative record on issues as diverse as public land
management, agriculture, fiscal responsibility, and
rural health care;
‘‘(3) as Chairman and Ranking Member of the National Parks Subcommittee of the Committee on Energy and Natural Resources of the Senate and a frequent visitor to many units of the National Park
System, including Yellowstone National Park and
Grand Teton National Park, Craig Thomas was a
strong proponent for ensuring that people of all ages
and abilities had a wide range of opportunities to
learn more about the natural and cultural heritage of
the United States;
‘‘(4) Craig Thomas authored legislation to provide
critical funding and management reforms to protect
units of the National Park System into the 21st century, ensuring quality visits to units of the National
Park System and the protection of natural and cultural resources;
‘‘(5) Craig Thomas strongly supported public-private partnerships and collaboration between the National Park Service and other organizations that foster new opportunities for providing visitor services
while encouraging greater citizen involvement in the
stewardship of units of the National Park System;
‘‘(6) Craig Thomas was instrumental in obtaining
the Federal share for a public-private partnership
with the Grand Teton National Park Foundation and
the Grand Teton Natural History Association to construct a new discovery and visitor center at Grand
Teton National Park;
‘‘(7) on June 4, 2007, Craig Thomas passed away
after battling cancer for 7 months;
‘‘(8) Craig Thomas is survived by his wife, Susan,
and children, Patrick, Greg, Peter, and Lexie; and
‘‘(9) in memory of the distinguished career of service of Craig Thomas to the people of the United
States, the dedication of Craig Thomas to units of
the National Park System, generally, and to Grand
Teton National Park, specifically, and the critical
role of Craig Thomas in the new discovery and visitor
center at Grand Teton National Park, the Grand
Teton Discovery and Visitor Center should be designated as the ‘Craig Thomas Discovery and Visitor
Center’.
‘‘(b) THE CRAIG THOMAS DISCOVERY AND VISITOR CENTER.—
‘‘(1) DESIGNATION.—The Grand Teton Discovery and
Visitor Center located in Moose, Wyoming, and
scheduled for completion in August 2007 shall be
known and designated as the ‘Craig Thomas Discovery and Visitor Center’.

Page 256

‘‘(2) REFERENCE.—Any reference in a law, map, regulation, document, paper, or other record of the
United States to the Grand Teton Discovery and Visitor Center referred to in paragraph (1) shall be
deemed to be a reference to the ‘Craig Thomas Discovery and Visitor Center’.
‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this
Act.’’
GRAND TETON NATIONAL PARK LAND EXCHANGE
Pub. L. 108–32, June 17, 2003, 117 Stat. 779, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Grand Teton National
Park Land Exchange Act’.
‘‘SEC. 2. DEFINITIONS.
‘‘As used in this Act:
‘‘(1) The term ‘Federal lands’ means public lands as
defined in section 103(e) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702(e)).
‘‘(2) The term ‘Governor’ means the Governor of the
State of Wyoming.
‘‘(3) The term ‘Secretary’ means the Secretary of
the Interior.
‘‘(4) The term ‘State lands’ means lands and interest in lands owned by the State of Wyoming within
the boundaries of Grand Teton National Park as identified on a map titled ‘Private, State & County Inholdings Grand Teton National Park’, dated March
2001, and numbered GTNP/0001.
‘‘SEC. 3. ACQUISITION OF STATE LANDS.
‘‘(a) The Secretary is authorized to acquire approximately 1,406 acres of State lands within the exterior
boundaries of Grand Teton National Park, as generally
depicted on the map referenced in section 2(4), by any
one or a combination of the following—
‘‘(1) donation;
‘‘(2) purchase with donated or appropriated funds;
or
‘‘(3) exchange of Federal lands in the State of Wyoming that are identified for disposal under approved
land use plans in effect on the date of enactment of
this Act [June 17, 2003] under section 202 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712) that are of equal value to the State lands
acquired in the exchange.
‘‘(b) In the event that the Secretary or the Governor
determines that the Federal lands eligible for exchange
under subsection (a)(3) are not sufficient or acceptable
for the acquisition of all the State lands identified in
section 2(4), the Secretary shall identify other Federal
lands or interests therein in the State of Wyoming for
possible exchange and shall identify such lands or interests together with their estimated value in a report
to the Committee on Energy and Natural Resources of
the United States Senate and the Committee on Resources [now Committee on Natural Resources] of the
House of Representatives. Such lands or interests shall
not be available for exchange unless authorized by an
Act of Congress enacted after the date of submission of
the report.
‘‘SEC. 4. VALUATION OF STATE AND FEDERAL INTERESTS.
‘‘(a) AGREEMENT ON APPRAISER.—If the Secretary and
the Governor are unable to agree on the value of any
Federal lands eligible for exchange under section 3(a)(3)
or State lands, then the Secretary and the Governor
may select a qualified appraiser to conduct an appraisal of those lands. The purchase or exchange under
section 3(a) shall be conducted based on the values determined by the appraisal.
‘‘(b) NO AGREEMENT ON APPRAISER.—If the Secretary
and the Governor are unable to agree on the selection
of a qualified appraiser under subsection (a), then the

Page 257

TITLE 16—CONSERVATION

Secretary and the Governor shall each designate a
qualified appraiser. The two designated appraisers shall
select a qualified third appraiser to conduct the appraisal with the advice and assistance of the two designated appraisers. The purchase or exchange under
section 3(a) shall be conducted based on the values determined by the appraisal.
‘‘(c) APPRAISAL COSTS.—The Secretary and the State
of Wyoming shall each pay one-half of the appraisal
costs under subsections (a) and (b).
‘‘SEC. 5. ADMINISTRATION OF STATE LANDS ACQUIRED BY THE UNITED STATES.
‘‘The State lands conveyed to the United States
under section 3(a) shall become part of Grand Teton
National Park. The Secretary shall manage such lands
under the Act of August 25, 1916 (commonly known as
the ‘National Park Service Organic Act’) [16 U.S.C. 1 et
seq.], and other laws, rules, and regulations applicable
to Grand Teton National Park.
‘‘SEC. 6. AUTHORIZATION FOR APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as may be necessary for the purposes of this Act.’’
CONSTRUCTION OF ALTERNATE HIGHWAY
Act Aug. 9, 1955, ch. 635, 69 Stat. 555, provided: ‘‘That
in order to facilitate public use and enjoyment of the
Grand Teton National Park and to make possible an
appropriate relocation and use of highways through the
park, the Secretary of the Interior is authorized to construct within the park, upon a location to be agreed
upon between the Secretary and the Governor of Wyoming, a highway which shall replace the present U.S.
Highway 89, also numbered U.S. 187 and U.S. 26. Upon
completion of the said highway, the Secretary is authorized to enter into an agreement with the State of
Wyoming, upon such terms and conditions as he deems
in the interest of the United States, for the conveyance
of the highway to the State in exchange for State and
county roads in the park area.’’
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 sections
431a, 451a, 482m, 673b, and 673c of this title]’’.
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 sections 431a, 451a, 482m, 673b, and
673c of this title] are hereby revoked.’’
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 sections
431a, 451a, 482m, 673b, and 673c of this title] are hereby
repealed to the extent of such inconsistency’’.

§ 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 sections 431a, 451a, 482m,
673b, and 673c of this title within the Grand
Teton National Park—
(a) the Secretary of the Interior shall designate and open rights-of-way, including stock

§ 406d–2

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-ofway 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 sections 431a,
451a, 482m, 673b, and 673c of this title were legally occupied or utilized on September 14,
1950 for residence or grazing purposes, or for
other purposes not inconsistent with sections
1, 2, 3, and 4 of this title, pursuant to a lease,
permit, or license issued or authorized by any
department, establishment, or agency of the
United States, the person so occupying or utilizing such lands, and the heirs, successors, or
assigns of such person, shall, upon the termination of such lease, permit, or license, be entitled to have the privileges so possessed or
enjoyed by him renewed from time to time,
subject to such terms and conditions as the
Secretary of the Interior shall prescribe, for a
period of twenty-five years from September 14,
1950 and thereafter during the lifetime of such
person and the lifetime of his heirs, successors, or assigns but only if they were members
of his immediate family on such date, as determined by the Secretary of the Interior: Provided, That grazing privileges appurtenant to
privately owned lands located within the
Grand Teton National Park established by this
subchapter and said sections shall not be withdrawn until title to lands to which such privileges are appurtenant shall have vested in the
United States, except for failure to comply
with the regulations applicable thereto after
reasonable notice of default: Provided further,
That nothing in this subsection 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. Nothing
contained in this subchapter and said sections
shall be construed as creating any vested
right, title, interest, or estate in or to any
Federal lands.
(Sept. 14, 1950, ch. 950, § 4, 64 Stat. 850.)
REPEAL OF INCONSISTENT LAWS
Repeal of laws inconsistent with act Sept. 14, 1950, see
note set out under section 406d–1 of this title.
GRAZING STUDY OF GRAND TETON NATIONAL PARK
Pub. L. 105–81, Nov. 13, 1997, 111 Stat. 1537, provided
that:
‘‘SECTION 1. FINDINGS.
‘‘Congress finds that—

§ 406d–3

TITLE 16—CONSERVATION

‘‘(1) open space near Grand Teton National Park
continues to decline;
‘‘(2) as the population continues to grow in Teton
County, Wyoming, undeveloped land near the Park
becomes more scarce;
‘‘(3) the loss of open space around Teton Park has
negative impacts on wildlife migration routes in the
area and on visitors to the Park, and its repercussions can be felt throughout the entire region;
‘‘(4) a few ranches make up Teton Valley’s remaining open space, and the ranches depend on grazing in
Grand Teton National Park for summer range to
maintain operations;
‘‘(5) the Act that created Grand Teton National
Park [act Feb. 26, 1929, ch. 331, 45 Stat. 1314, 16 U.S.C.
former 406 to 406d] allowed several permittees to continue livestock grazing in the Park for the life of a
designated heir in the family;
‘‘(6) some of the last remaining heirs have died, and
as a result the open space around the Park will most
likely be subdivided and developed;
‘‘(7) in order to develop the best solution to protect
open space immediately adjacent to Grand Teton National Park, the Park Service should conduct a study
of open space in the region; and
‘‘(8) the study should develop workable solutions
that are fiscally responsible and acceptable to the
National Park Service, the public, local government,
and landowners in the area.
‘‘SEC. 2. STUDY OF GRAZING USE AND OPEN
SPACE.
‘‘(a) IN GENERAL.—The Secretary of the Interior shall
conduct a study concerning grazing use and open space
in Grand Teton National Park, Wyoming, and associated use of certain agricultural and ranch lands within
and adjacent to the Park, including—
‘‘(1) base land having appurtenant grazing privileges within Grand Teton National Park, Wyoming,
remaining after January 1, 1990, under the Act entitled ‘An Act to establish a new Grand Teton National
Park in the State of Wyoming, and for other purposes’, approved September 14, 1950 (16 U.S.C. 406d–1
et seq.); and
‘‘(2) any ranch and agricultural land adjacent to the
Park, the use and disposition of which may affect accomplishment of the purposes of the Act.
‘‘(b) PURPOSE.—The study shall—
‘‘(1) assess the significance of the ranching use and
pastoral character of the land (including open vistas,
wildlife habitat, and other public benefits);
‘‘(2) assess the significance of that use and character to the purposes for which the Park was established and identify any need for preservation of, and
practicable means of, preserving the land that is necessary to protect that use and character;
‘‘(3) recommend a variety of economically feasible
and viable tools and techniques to retain the pastoral
qualities of the land; and
‘‘(4) estimate the costs of implementing any recommendations made for the preservation of the land.
‘‘(c) PARTICIPATION.—In conducting the study, the
Secretary of the Interior shall seek participation from
the Governor of the State of Wyoming, the Teton County Commissioners, the Secretary of Agriculture, affected land owners, and other interested members of
the public.
‘‘(d) REPORT.—Not later than 3 years from the date
funding is available for the purposes of this Act, the
Secretary of the Interior shall submit a report to Congress that contains the findings of the study under subsection (a) and makes recommendations to Congress regarding action that may be taken with respect to the
land described in subsection (a).
‘‘SEC. 3. EXTENSION OF GRAZING PRIVILEGES.
‘‘(a) IN GENERAL.—Subject to subsection (b), the Secretary of the Interior shall reinstate and extend for the
duration of the study described in section 2(a) and until
such time as the recommendations of the study are implemented, the grazing privileges described in section

Page 258

2(a)(1), under the same terms and conditions as were in
effect prior to the expiration of the privileges.
‘‘(b) EFFECT OF CHANGE IN LAND USE.—If, during the
period of the study or until such time as the recommendations of the study are implemented, any portion
of the land described in section 2(a)(1) is disposed of in
a manner that would result in the land no longer being
used for ranching or other agricultural purposes, the
Secretary of the Interior shall cancel the extension described in subsection (a).’’

§ 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 sections 431a,
451a, 482m, 673b, and 673c of this title, payments
shall be made to the State of Wyoming for distribution to the county in which such lands are
located in accordance with the following schedule of payments: For the fiscal year in which the
land has been or may be acquired and nine years
thereafter there shall be paid an amount equal
to the full amount of annual taxes last assessed
and levied on the land, together with any improvements thereon, by public taxing units in
such county, less any amount, to be determined
by the Secretary of the Interior, which may
have been paid on account of taxes for any period falling within such fiscal year. For each
succeeding fiscal year, until twenty years
elapse, there shall be paid on account of such
land an amount equal to the full amount of
taxes referred to in the preceding sentence, less
5 per centum of such full amount for each fiscal
year, including the year for which the payment
is to be made: Provided, That the amount payable under the foregoing schedule for any fiscal
year preceding the first full fiscal year following
September 14, 1950, shall not become payable
until the end of such first full fiscal year.
(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 sections 431a, 451a,
482m, 673b, and 673c of this title, and the Yellowstone National Park. Payments made to the
State of Wyoming under this section shall be
distributed to the county where the lands acquired from private landowners are located and
in such manner as the State of Wyoming may
prescribe.
(Sept. 14, 1950, ch. 950, § 5, 64 Stat. 851.)
REPEAL OF INCONSISTENT LAWS
Repeal of laws inconsistent with act Sept. 14, 1950, see
note set out under section 406d–1 of this title.

§ 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

Page 259

§ 407d

TITLE 16—CONSERVATION

lands, which lands, upon acceptance by the
United States, shall become a part of the national park:

(May 14, 1930, ch. 272, § 1, 46 Stat. 279.)
REFERENCES IN TEXT

SIXTH PRINCIPAL MERIDIAN

The presidential proclamation of October 25, 1923, referred to in text, is Proc. No. 1923, 43 Stat. 1929.

Township 41 north, range 116 west: Section 3,
lots 1 and 2.
Containing seventy-eight and ninety-three
one-hundredths acres, more or less.

§ 407a. Administration, protection, and development

(Sept. 14, 1950, ch. 950, § 7, 64 Stat. 852.)
REPEAL OF INCONSISTENT LAWS
Repeal of laws inconsistent with act Sept. 14, 1950, see
note set out under section 406d–1 of this title.

§ 406d–5. Use for reclamation purposes of certain
lands within exterior boundary
Nothing in this subchapter and sections 431a,
451a, 482m, 673b, and 673c of this title shall affect
the use for reclamation purposes, in accordance
with the Act of June 17, 1902 (32 Stat. 388), and
Acts amendatory thereof or supplementary
thereto, of the lands within the exterior boundary of the park as prescribed by this subchapter
and sections 431a, 451a, 482m, 673b, and 673c of
this title which have been withdrawn or acquired for reclamation purposes or the operation, maintenance, rehabilitation, and improvement of the reservoir and other reclamation facilities located on such withdrawn or acquired lands.
(Sept. 14, 1950, ch. 950, § 9, 64 Stat. 853.)
REFERENCES IN TEXT
Act of June 17, 1902 (32 Stat. 388), referred to in text,
is popularly known as the ‘‘Reclamation Act’’ and is
classified generally to chapter 12 (§ 371 et seq.) of Title
43, Public Lands. For complete classification of this
Act to the Code, see Short Title note set out under section 371 of Title 43 and Tables.
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 section 406d–1 of this
title. The third sentence thereof, which related to
availability of unexpended appropriated funds, is also
set out in note under section 406d–1 of this title.
REPEAL OF INCONSISTENT LAWS
Repeal of laws inconsistent with act Sept. 14, 1950, see
note set out under section 406d–1 of this title.

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 section 431 of
this title, and by presidential proclamation of
October 25, 1923, is 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 Carlsbad Caverns 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 Carlsbad
Cave National Monument.

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 sections 1,
2, 3, and 4 of this title, and Acts supplementary
thereto or amendatory thereof.
(May 14, 1930, ch. 272, § 2, 46 Stat. 279.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 407b. Applicability of Federal Power Act
The provisions of the Federal Power Act [16
U.S.C. 791a et seq.] shall not apply to or extend
over the land by section 407 of this title or hereafter reserved and dedicated as the Carlsbad
Caverns National Park.
(May 14, 1930, ch. 272, § 3, 46 Stat. 279.)
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 section 791a of this title. The Federal
Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as
amended, and is classified generally to chapter 12
(§ 791aet seq.) of this title. For complete classification
of this Act to the Code, see section 791a of this title and
Tables.

§ 407c. Repealed. Pub. L. 88–249, § 5, Dec. 30, 1963,
77 Stat. 819
Section, act May 14, 1930, ch. 272, § 4, 46 Stat. 279, related to the boundaries of Carlsbad Caverns National
Park. See section 407e of this title.

§ 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, 49 Stat. 1792.)
CODIFICATION
Act Sept. 20, 1941, ch. 412, title V, § 541(c), 55 Stat. 710,
amended act May 9, 1935, ch. 101, § 1, 49 Stat. 207, which
had been classified to this section of the Code, ‘‘by
striking out that part thereof’’ upon which this section
was based. Said act Sept. 20, 1941, however, made no
mention of act June 22, 1936, which reenacted those
same provisions. Such act Sept. 20, 1941, was made effective on, and applicable only with respect to the period beginning with, Oct. 1, 1941, by section 550(a) thereof.

§ 407e

TITLE 16—CONSERVATION

§ 407e. Boundaries
Carlsbad Caverns National Park situated in
the State of New Mexico shall consist of the following described lands:

Page 260

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 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.
(Pub. L. 88–249, § 1, Dec. 30, 1963, 77 Stat. 818.)
§ 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 section
407e of this title, consisting of 2,721.12 acres, and
described as follows:
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

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 section 407e of this title, the Secretary of the Interior may, subject to such
terms, conditions, and reservations as may be
necessary, exchange on an approximately equal
value basis any of the following described lands:
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.
(Pub. L. 88–249, § 2, Dec. 30, 1963, 77 Stat. 818.)
§ 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.
(Pub. L. 88–249, § 3, Dec. 30, 1963, 77 Stat. 819.)

Page 261

§ 407m

TITLE 16—CONSERVATION

§ 407h. Authorization of appropriations
There are hereby authorized to be appropriated not more than $500 to carry out the purposes of sections 407e to 407h of this title.
(Pub. L. 88–249, § 4, Dec. 30, 1963, 77 Stat. 819.)
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 section 407n of this title, is authorized
to acquire by donation or with donated funds, or
to acquire by purchase, any property, real or
personal, within the following-described areas,
such park to be fully established as the ‘‘Independence National Historical Park’’ when, in
the opinion of the Secretary, title to sufficient
of the lands and interests in lands within such
areas, shall be vested in the United States: Provided, That the park shall not be established
until title to the First United States Bank property, the Merchants’ Exchange property, the
Bishop White house, the Dilworth-Todd-Moylan
house, and the site of the Benjamin Franklin
house, together with two-thirds of the remaining lands and interests in lands within the following-described areas, shall have been vested in
the United States:
(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, 62 Stat. 1061; July 10,
1952, ch. 653, § 1, 66 Stat. 575; Pub. L. 85–764, § 3(a),
Aug. 27, 1958, 72 Stat. 862.)
AMENDMENTS
1958—Subsec. (d). Pub. L. 85–764 included certain
lands 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.
1952—Subsec. (b). Act July 10, 1952, inserted second
sentence.
GATEWAY VISITOR CENTER
Pub. L. 106–131, Dec. 7, 1999, 113 Stat. 1678, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Gateway Visitor Center Authorization Act of 1999’.
‘‘SEC. 2. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds the following:
‘‘(1) The National Park Service completed and approved in 1997 a general management plan for Independence National Historical Park that establishes
goals and priorities for the park’s future.
‘‘(2) The general management plan for Independence National Historical Park calls for the revitalization of Independence Mall and recommends as a critical component of the Independence Mall’s revitalization the development of a new ‘Gateway Visitor Center’.
‘‘(3) Such a visitor center would replace the existing park visitor center and would serve as an orientation center for visitors to the park and to city and regional attractions.
‘‘(4) Subsequent to the completion of the general
management plan, the National Park Service undertook and completed a design project and master plan
for Independence Mall which includes the Gateway
Visitor Center.
‘‘(5) Plans for the Gateway Visitor Center call for it
to be developed and managed, in cooperation with the
Secretary of the Interior, by a nonprofit organization
which represents the various public and civic interests of the greater Philadelphia metropolitan area.
‘‘(6) The Gateway Visitor Center Corporation, a
nonprofit organization, has been established to raise
funds for and cooperate in a program to design, develop, construct, and operate the proposed Gateway
Visitor Center.
‘‘(b) PURPOSE.—The purpose of this Act is to authorize the Secretary of the Interior to enter into a cooperative agreement with the Gateway Visitor Center Corporation to construct and operate a regional visitor
center on Independence Mall.
‘‘SEC. 3. GATEWAY VISITOR CENTER AUTHORIZATION.
‘‘(a) AGREEMENT.—The Secretary of the Interior, in
administering the Independence National Historical
Park, may enter into an agreement under appropriate
terms and conditions with the Gateway Visitor Center
Corporation (a nonprofit corporation established under
the laws of the Commonwealth of Pennsylvania) to facilitate the construction and operation of a regional
Gateway Visitor Center on Independence Mall.
‘‘(b) OPERATIONS OF CENTER.—The Agreement shall
authorize the Corporation to operate the Center in co-

§ 407m–1

TITLE 16—CONSERVATION

operation with the Secretary and to provide at the Center information, interpretation, facilities, and services
to visitors to Independence National Historical Park,
its surrounding historic sites, the City of Philadelphia,
and the region, in order to assist in their enjoyment of
the historic, cultural, educational, and recreational resources of the greater Philadelphia area.
‘‘(c) MANAGEMENT-RELATED ACTIVITIES.—The Agreement shall authorize the Secretary to undertake at the
Center activities related to the management of Independence National Historical Park, including, but not
limited to, provision of appropriate visitor information
and interpretive facilities and programs related to
Independence National Historical Park.
‘‘(d) ACTIVITIES OF CORPORATION.—The Agreement
shall authorize the Corporation, acting as a private
nonprofit organization, to engage in activities appropriate for operation of a regional visitor center that
may include, but are not limited to, charging fees, conducting events, and selling merchandise, tickets, and
food to visitors to the Center.
‘‘(e) USE OF REVENUES.—Revenues from activities engaged in by the Corporation shall be used for the operation and administration of the Center.
‘‘(f) PROTECTION OF PARK.—Nothing in this section
authorizes the Secretary or the Corporation to take
any actions in derogation of the preservation and protection of the values and resources of Independence National Historical Park.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) AGREEMENT.—The term ‘Agreement’ means an
agreement under this section between the Secretary
and the Corporation.
‘‘(2) CENTER.—The term ‘Center’ means a Gateway
Visitor Center constructed and operated in accordance with the Agreement.
‘‘(3) CORPORATION.—The term ‘Corporation’ means
the Gateway Visitor Center Corporation (a nonprofit
corporation established under the laws of the Commonwealth of Pennsylvania).
‘‘(4) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.’’
MIKVEH ISRAEL CEMETERY
Act Aug. 6, 1956, ch. 1018, 70 Stat. 1074, provided that:
‘‘Upon compliance with the provisions of section 2 of
this Act, the Mikveh Israel Cemetery, located in Philadelphia, Pennsylvania, and containing the graves of
Haym Salomon and other outstanding patriots of the
Revolutionary War who played important parts in the
early history of the United States, shall be declared to
be a unit of the Independence National Historical Park:
Provided, That the United States shall not thereby assume any responsibility to provide for the administration, care, or maintenance of said Mikveh Israel Cemetery.
‘‘SEC. 2. This Act shall become effective if and when
the Mikveh Israel Congregation, through its duly authorized representatives, has executed an agreement in
terms and conditions satisfactory to the Secretary of
the Interior, providing for the continuing administration, care, and maintenance, without expense to the
United States, of the Mikveh Israel Cemetery, whereupon said Secretary shall issue a notice declaring that
said requirement has been met and that Mikveh Israel
Cemetery is formally designated a unit of the Independence National Historical Park.’’

§ 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,

Page 262

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.
(Pub. L. 86–54, § 1, June 23, 1959, 73 Stat. 88.)
CODIFICATION
Section was not enacted as a part of act June 28, 1948,
ch. 687, 62 Stat. 1061, as amended, which comprises this
subchapter.
APPROPRIATIONS
Section 2 of Pub. L. 86–54 provided that: ‘‘There are
hereby authorized to be appropriated such sums, not
exceeding $25,000, as may be necessary to carry out the
purposes of section 1 of this Act [this section].’’

§ 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.
(Pub. L. 86–273, § 1, Sept. 14, 1959, 73 Stat. 556.)
CODIFICATION
Section was not enacted as a part of act June 28, 1948,
ch. 687, 62 Stat. 1061, as amended, which comprises this
subchapter.
APPROPRIATIONS
Section 2 of Pub. L. 86–273 authorized to be appropriated such sums, not exceeding $46,200 as were necessary to carry out the purposes of this section.

§ 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

Page 263

§ 407n

TITLE 16—CONSERVATION

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.
(Pub. L. 88–477, § 1, Aug. 21, 1964, 78 Stat. 587.)
CODIFICATION
Section was not enacted as a part of act June 28, 1948,
ch. 687, 62 Stat. 1061, as amended, which comprises this
subchapter.

§ 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.
(Pub. L. 88–477, § 2, Aug. 21, 1964, 78 Stat. 587.)
CODIFICATION
Section was not enacted as a part of act June 28, 1948,
ch. 687, 62 Stat. 1061, as amended, which comprises this
subchapter.

§ 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.
(Pub. L. 88–477, § 3, Aug. 21, 1964, 78 Stat. 587.)
CODIFICATION
Section was not enacted as a part of act June 28, 1948,
ch. 687, 62 Stat. 1061, as amended, which comprises this
subchapter.

§ 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
section 407m–3 of this title: Provided, That the
Secretary of the Interior shall not obligate or
expend any moneys herein authorized to be appropriated for acquisition of the land unless and
until commitments are obtained for donations
in an amount which in the judgment of the Secretary is sufficient to provide a replica of the
Graff House in accordance with section 407m–4
of this title.
(Pub. L. 88–477, § 4, Aug. 21, 1964, 78 Stat. 587.)
CODIFICATION
Section was not enacted as a part of act June 28, 1948,
ch. 687, 62 Stat. 1061, as amended, which comprises this
subchapter.

§ 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.
(Pub. L. 88–604, Sept. 18, 1964, 78 Stat. 958.)
CODIFICATION
Section was not enacted as a part of act June 28, 1948,
ch. 687, 62 Stat. 1061, as amended, which comprises this
subchapter.

§ 407m–8. Independence National Historical Park
boundary adjustment
The administrative boundary between Independence National Historical Park and the
United States Customs House along the Moravian Street Walkway in Philadelphia, Pennsylvania, is hereby modified as generally depicted
on the drawing entitled ‘‘Exhibit 1, Independence National Historical Park, Boundary Adjustment’’, and dated May 1987, which shall be
on file and available for public inspection in the
Office of the National Park Service, Department
of the Interior. The Secretary of the Interior is
authorized to accept and transfer jurisdiction
over property in accord with such administrative boundary, as modified by this section.
(Pub. L. 104–333, div. I, title II, § 204, Nov. 12, 1996,
110 Stat. 4106.)
CODIFICATION
Section enacted as part of the Omnibus Parks and
Public Lands Management Act of 1996, and not as part
of act June 28, 1948, ch. 687, 62 Stat. 1061, as amended,
which comprises this subchapter.

§ 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 section 407m of this
title, the Secretary of the Interior is authorized
to enter into cooperative agreements with the
city of Philadelphia to assist in the preservation
and interpretation of the property known as the
Independence Hall National Historic Site and
with the Carpenters’ Company of Philadelphia
to assist in the preservation and interpretation
of Carpenters’ Hall, in connection with the Independence National Historical Park. Such agreements shall contain, but shall not be limited to,
provisions that the Secretary of the Interior,
through the National Park Service, shall have
right of access at all reasonable times to all
public portions of the property now within Independence Hall National Historic Site and to Car-

§ 407o

TITLE 16—CONSERVATION

penters’ Hall for the purpose of conducting visitors through such buildings and grounds and interpreting them to the public, that no changes
or alterations shall be made in the property
within the Independence Hall National Historic
Site, including its buildings and grounds, or in
Carpenters’ Hall, except by mutual agreement
between the Secretary of the Interior and the
other parties to the contracts.
(June 28, 1948, ch. 687, § 2, 62 Stat. 1061.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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 section 407m of this
title, or upon other land that may be donated
for such purpose, which property he is authorized to accept, such offices and administration
buildings as he may deem advisable, together
with a suitable auditorium for the interpretation of the historical features of the national
historical park. The Secretary of the Interior is
also authorized to accept donations of property
of national historical significance located in the
city of Philadelphia which the Secretary may
deem proper for administration as part of the
Independence National Historical Park. Any
property donated for the purposes of this section
shall become a part of the park, following its establishment, upon acceptance by the United
States of title to such donated property. The
Secretary of the Interior is authorized to permit
the American Philosophical Society, a nonprofit
corporation, without cost to the United States,
to construct, operate, and maintain in the park
a building to be located on approximately the
original site of historic Library Hall to house
the library of the American Philosophical Society and any additions to said library, such permission to be granted the society pursuant to a
lease, contract, or authorization without charge,
on such terms and conditions as may be approved by the Secretary and accepted by the society, and for such length of time as the society
shall continue to use the said building for the
housing, display, and use of a library and scientific and historical collections: Provided, That
the plans for the construction of the building
and any additions thereto shall be approved by
the Secretary of the Interior.
(June 28, 1948, ch. 687, § 3, 62 Stat. 1062; July 10,
1952, ch. 653, § 2, 66 Stat. 575.)
AMENDMENTS
1952—Act July 10, 1952, inserted last sentence.
ACQUISITION OF LAND ENCROACHED UPON BY DESHLERMORRIS HOUSE
Pub. L. 85–702, Aug. 21, 1958, 72 Stat. 701, provided:
‘‘That, for the purpose of placing in Government ownership a small strip of land encroached upon by the

Page 264

Deshler-Morris House, which was donated to the United
States and accepted as a part of Independence National
Historical Park pursuant to section 3 of the Act of June
28, 1948 (62 Stat. 1061) [this section], the Secretary of
the Interior is authorized to acquire the following land:
‘‘Beginning at a point on the southwesterly side of
Germantown Avenue at the distance of 165 feet 71⁄2
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 11⁄2 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, 62 Stat. 1062.)
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 Pub. L.
92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 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 sections 1, 2, 3, and 4 of this title, as amended
and supplemented, and sections 461 to 467 of this
title.
(June 28, 1948, ch. 687, § 5, 62 Stat. 1062.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

Page 265

TITLE 16—CONSERVATION

DEVELOPMENT OF PARK; APPROPRIATION
Pub. L. 85–764, §§ 1, 2, Aug. 27, 1958, 72 Stat. 861, authorized the Secretary of the Interior to proceed with
the development of Independence National Historical
Park, the establishment of which was authorized by the
Act of June 28, 1948 (62 Stat. 1061) [this subchapter], in
accordance with plans to be approved by the Secretary,
authorized to be appropriated for the development of
said park pursuant to this Act the sum of $7,250,000, and
provided that all funds authorized to be appropriated
under this Act be expended by June 30, 1963.

§ 407r. Authorization of appropriations
For the purpose of acquiring the property described in section 407m of this title, there is authorized to be appropriated not to exceed the
sum of $12,792,000. Funds appropriated pursuant
to this subchapter shall be available for any expenses incidental to acquisition of property as
prescribed by this subchapter, including the employment of the necessary services in the District of Columbia, and including to the extent
deemed necessary by the Secretary of the Interior, the employment without regard to the
civil-service laws of such experts and other officers and employees as are necessary to carry out
the provisions of this subchapter efficiently and
in the public interest.
(June 28, 1948, ch. 687, § 6, 62 Stat. 1062; July 10,
1952, ch. 653, § 3, 66 Stat. 575; Pub. L. 85–764, § 3(b),
Aug. 27, 1958, 72 Stat. 862; Pub. L. 91–293, June 25,
1970, 84 Stat. 333; Pub. L. 93–477, title I, § 101(5),
Oct. 26, 1974, 88 Stat. 1445.)
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, 63 Stat. 972, 973, repealed the 1923 Act
and all laws or parts of laws inconsistent with the 1949
Act. While section 1106(a) of the 1949 Act provided that
references in other laws to the 1923 Act should be held
and considered to mean the 1949 Act, it did not have the
effect of continuing the exception contained in this section because of section 1106(b) which provided that the
application of the 1949 Act to any position, officer, or
employee shall not be affected by section 1106(a). The
Classification Act of 1949 was repealed by Pub. L.
89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632 (the first section
of which enacted Title 5, Government Organization and
Employees, into law). Section 5102 of Title 5 contains
the applicability provisions of the 1949 Act, and section
5103 of Title 5 authorized the Office of Personnel Management to determine the applicability to specific positions and employees.
AMENDMENTS
1974—Pub. L.
‘‘$11,200,000’’.
1970—Pub. L.
‘‘$7,950,000’’.
1958—Pub. L.
‘‘$7,700,000’’.
1952—Act July
‘‘$4,435,000’’.

93–477

substituted

‘‘$12,792,000’’

for

91–293

substituted

‘‘$11,200,000’’

for

85–764

substituted

‘‘$7,950,000’’

for

10, 1952, substituted ‘‘$7,700,000’’ for

§ 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

§ 407aa

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, 65 Stat. 644.)
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.
(Pub. L. 100–433, § 2, Sept. 16, 1988, 102 Stat. 1640.)

§ 407bb

TITLE 16—CONSERVATION
SHORT TITLE

Section 1 of Pub. L. 100–433 provided that: ‘‘This Act
[enacting this subchapter] may be cited as the ‘Constitution Heritage Act of 1988’.’’

§ 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.
(Pub. L. 100–433, § 3, Sept. 16, 1988, 102 Stat. 1640.)
§ 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.
(Pub. L. 100–433, § 4, Sept. 16, 1988, 102 Stat. 1641.)

Page 266

§ 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 section 470f of this title.
(Pub. L. 100–433, § 5, Sept. 16, 1988, 102 Stat. 1641.)
§ 407ee. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of this subchapter.
(Pub. L. 100–433, § 6, Sept. 16, 1988, 102 Stat. 1642.)
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-

Page 267

§ 408e

TITLE 16—CONSERVATION

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, 46 Stat. 1514.)
§ 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, 46 Stat. 1514.)
§ 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 sections 1, 2, 3, and 4 of this title,
as amended: Provided, That the provisions of the
Federal Power Act [16 U.S.C. 791a et seq.] shall
not apply to this park.
(Mar. 3, 1931, ch. 448, § 3, 46 Stat. 1514.)
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 section 791a of this title. The
Federal Power Act is act June 10, 1920, ch. 285, 41 Stat.
1063, as amended, and is classified generally to chapter
12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this
title and Tables.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 47 Stat. 37.)
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 sections 403e and 404d
of this title.

§ 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 sections 408 to 408b
of this title, are made a part of the said park as
fully as if originally acquired for that purpose
and the proviso at the end of section 408 of this
title shall not be construed so as to prohibit the
acquisition of lands in the park area with the
aforesaid funds.
(June 20, 1938, ch. 531, 52 Stat. 785.)
§ 408e. Addition of lands; Passage Island
Subject to valid existing rights the followingdescribed lands, in addition to the lands established as the Isle Royale National Park pursuant
to sections 408 to 408b of this title, are made a
part of the park:
(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 fiftytwo 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

§ 408f

TITLE 16—CONSERVATION

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 onehundredths 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, 56 Stat. 138; July 27,
1942, ch. 526, 56 Stat. 722; Pub. L. 94–567, § 4(a)(1),
Oct. 20, 1976, 90 Stat. 2694.)
AMENDMENTS
1976—Pub. L. 94–567 designated existing provisions as
par. (a), redesignated subpars. (a) to (c) as (1) to (3), respectively, and added par. (b).
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, 56 Stat. 138.)

Page 268

within the established park area when so required by general navigation.
(Mar. 6, 1942, ch. 152, § 4, 56 Stat. 138; July 27,
1942, ch. 526, 56 Stat. 722.)
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, 56 Stat. 133.)

§ 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, 56 Stat. 138; Pub. L.
94–567, § 4(a)(2), Oct. 20, 1976, 90 Stat. 2694.)

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 sections 408i to 408q of this title, provided: ‘‘That the Secretary of the Interior shall notify in writing the Governor of the State of Michigan 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 act of the State of Michigan.’’

AMENDMENTS

§ 408j. Repealed. June 25, 1948, ch. 646, § 39, 62
Stat. 992, eff. Sept. 1, 1948

1976—Pub. L. 94–567 inserted ‘‘within the territorial
jurisdiction of the United States’’ after ‘‘submerged
lands’’, ‘‘including Passage Island and the Gull Islands’’
after ‘‘surrounding islands’’, and struck out ‘‘immediately’’ after ‘‘Isle Royale and the’’.

Section, act Mar. 6, 1942, ch. 150, § 2, 56 Stat. 133, related to inclusion of park in a judicial district. See section 102 of Title 28, Judiciary and Judicial Procedure,
and section 3231 of Title 18, Crimes and Criminal Procedure.

§ 408h. Federally
boundaries

§ 408k. Hunting and fishing; general rules and
regulations; protection of property; violation
of statutes or rules; penalties

owned

lands

within

park

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

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

Page 269

§ 409

TITLE 16—CONSERVATION

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, 56 Stat. 133.)
REFERENCES IN TEXT
This Act, referred to in text, is act Mar. 6, 1942, which
is classified to sections 408i to 408q of this title. For
complete classification of this Act to the Code, see
Tables.

§ 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 trans-

portation, 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, 56 Stat. 134.)
REFERENCES IN TEXT
This Act, referred to in text, is act Mar. 6, 1942, which
is classified to sections 408i to 408q of this title. For
complete classification of this Act to the Code, see
Tables.

§§ 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, 56 Stat.
134; Apr. 21, 1948, ch. 223, § 1, 62 Stat. 196, related to appointment and jurisdiction of commissioner. See provisions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure.
Section 408n, act Mar. 6, 1942, ch. 150, § 6, 56 Stat. 135,
related to issuance of process. See sections 3041 and 3141
of Title 18, Crimes and Criminal Procedure, and rules 4,
5(c), and 9 of Federal Rules of Criminal Procedure,
Title 18, Appendix.
Section 408o, act Mar. 6, 1942, ch. 150, § 7, 56 Stat. 135,
related to commissioner’s [now magistrate judge’s] salary. See section 634 of Title 28, Judiciary and Judicial
Procedure.
Section 408p, act Mar. 6, 1942, ch. 150, § 8, 56 Stat. 135,
related to fees, costs, and expenses against United
States. See section 604 of Title 28.
Section 408q, act Mar. 6, 1942, ch. 150, § 9, 56 Stat. 135,
related to disposition of fines and costs. See section 634
of Title 28.

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, 47 Stat. 1421.)

§ 409a

TITLE 16—CONSERVATION

§ 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, 47 Stat. 1421.)
§ 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, 47 Stat. 1422.)
§ 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, 47 Stat. 1422.)
§ 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, 47 Stat. 1422.)
§ 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,

Page 270

subject to the provisions of sections 1, 2, 3, and
4 of this title, as amended.
(Mar. 2, 1933, ch. 182, § 6, 47 Stat. 1422.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 47 Stat. 1422.)
§ 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.
(Pub. L. 88–601, § 1, Sept. 18, 1964, 78 Stat. 957;
Pub. L. 93–477, title III, § 301(6), Oct. 26, 1974, 88
Stat. 1447; Pub. L. 94–578, title III, § 315, Oct. 21,
1976, 90 Stat. 2737; Pub. L. 102–118, § 1, Oct. 4, 1991,
105 Stat. 586.)
CODIFICATION
Section was not enacted as a part of act Mar. 2, 1933,
ch. 182, 47 Stat. 1421, as amended, which comprises this
subchapter.
AMENDMENTS
1991—Pub. L. 102–118 substituted ‘‘615 acres’’ for ‘‘600
acres’’ in two places.
1976—Pub. L. 94–578 substituted ‘‘600 acres’’ for ‘‘465
acres’’ in two places.

Page 271

§ 410

TITLE 16—CONSERVATION

1974—Pub. L. 93–477 substituted ‘‘465 acres’’ for ‘‘two
hundred and eighty-one acres’’ in two places and inserted proviso relating to property known as the Cross
estate.
AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL
LANDS
Section 3 of Pub. L. 88–601, as amended by Pub. L.
93–477, title I, § 101(8), Oct. 26, 1974, 88 Stat. 1445, provided that: ‘‘There are authorized to be appropriated
such sums, but not more than $2,111,000 for acquisition
of lands and interests in land, as may be necessary to
carry out the purposes of this Act [sections 409g and
409h of this title].’’

§ 409h. Administration of additional lands
Lands acquired pursuant to this section and
section 409g of this title, unless exchanged pursuant to section 409g of this title, shall constitute a part of the Morristown National Historical Park, and be administered in accordance
with the laws and regulations applicable to such
park.
(Pub. L. 88–601, § 2, Sept. 18, 1964, 78 Stat. 957.)
CODIFICATION
Section was not enacted as part of act Mar. 2, 1933,
ch. 182, 47 Stat. 1421, as amended, which comprises this
subchapter.

§ 409i. Acquisition of Warren Property
Morristown National Historical Park

for

(a) In addition to any other lands or interest
authorized to be acquired for inclusion in
Morristown National Historical Park, and notwithstanding the first proviso of section 409 of
this title, the Secretary of the Interior may acquire by purchase, donation, purchase with appropriated funds, or otherwise, not to exceed 15
acres of land and interests therein comprising
the property known as the Warren Property or
Mount Kimble. The Secretary may expend such
sums as may be necessary for such acquisition.
(b) Any lands or interests acquired under this
section shall be included in and administered as
part of the Morristown National Historical
Park.
(Mar. 2, 1933, ch. 182, § 8, as added Pub. L. 105–355,
title V, § 508, Nov. 6, 1998, 112 Stat. 3264.)
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 (45
Stat. 1443), shall have been vested in the United
States, said lands shall be, and are, established,
dedicated, and set apart as a public park for the
benefit and enjoyment of the people and shall be
known as the Everglades 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
or private donation.

(May 30, 1934, ch. 371, § 1, 48 Stat. 816.)
REFERENCES IN TEXT
Act of March 1, 1929 (45 Stat. 1443), referred to in text,
is act Mar. 1, 1929, ch. 446, 45 Stat. 1443, which is not
classified to the Code.
MICCOSUKEE RESERVED AREA
Pub. L. 105–313, Oct. 30, 1998, 112 Stat. 2964, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Miccosukee Reserved
Area Act’.
‘‘SEC. 2. FINDINGS.
‘‘Congress finds the following:
‘‘(1) Since 1964, the Miccosukee Tribe of Indians of
Florida have lived and governed their own affairs on
a strip of land on the northern edge of the Everglades
National Park pursuant to permits from the National
Park Service and other legal authority. The current
permit expires in 2014.
‘‘(2) Since the commencement of the Tribe’s permitted use and occupancy of the Special Use Permit
Area, the Tribe’s membership has grown, as have the
needs and desires of the Tribe and its members for
modern housing, governmental and administrative
facilities, schools and cultural amenities, and related
structures.
‘‘(3) The United States, the State of Florida, the
Miccosukee Tribe, and the Seminole Tribe of Florida
are participating in a major intergovernmental effort
to restore the South Florida ecosystem, including the
restoration of the environment of the Park.
‘‘(4) The Special Use Permit Area is located within
the northern boundary of the Park, which is critical
to the protection and restoration of the Everglades,
as well as to the cultural values of the Miccosukee
Tribe.
‘‘(5) The interests of both the Miccosukee Tribe and
the United States would be enhanced by a further delineation of the rights and obligations of each with
respect to the Special Use Permit Area and to the
Park as a whole.
‘‘(6) The amount and location of land allocated to
the Tribe fulfills the purposes of the Park.
‘‘(7) The use of the Miccosukee Reserved Area by
the Miccosukee Tribe does not constitute an abandonment of the Park.
‘‘SEC. 3. PURPOSES.
‘‘The purposes of this Act are as follows:
‘‘(1) To replace the special use permit with a legal
framework under which the Tribe can live permanently and govern the Tribe’s own affairs in a modern
community within the Park.
‘‘(2) To protect the Park outside the boundaries of
the Miccosukee Reserved Area from adverse effects of
structures or activities within that area, and to support restoration of the South Florida ecosystem, including restoring the environment of the Park.
‘‘SEC. 4. DEFINITIONS.
‘‘In this Act:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’
means the Administrator of the Environmental Protection Agency.
‘‘(2) EVERGLADES.—The term ‘Everglades’ means
the areas within the Florida Water Conservation
Areas, Everglades National Park, and Big Cypress
National Preserve.
‘‘(3) FEDERAL AGENCY.—The term ‘Federal agency’
means an agency, as that term is defined in section
551(1) of title 5, United States Code.
‘‘(4) MICCOSUKEE RESERVED AREA; MRA.—
‘‘(A) IN GENERAL.—The term ‘Miccosukee Reserved Area’ or ‘MRA’ means, notwithstanding any
other provision of law and subject to the limitations specified in section 6(d) of this Act, the portion of the Everglades National Park described in

§ 410

TITLE 16—CONSERVATION

subparagraph (B) that is depicted on the map entitled
‘Miccosukee
Reserved
Area’
numbered
NPS–160/41,038, and dated September 30, 1998, copies
of which 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 Miami-Dade County and the
Miccosukee Tribe of Indians of Florida.
‘‘(B) DESCRIPTION.—The description of the lands
referred to in subparagraph (A) is as follows: ‘Beginning at the western boundary of Everglades National Park at the west line of sec. 20, T. 54 S., R.
35 E., thence E. following the Northern boundary of
said Park in T. 54 S., Rs. 35 and 36 E., to a point in
sec. 19, T. 54 S., R. 36 E., 500 feet west of the existing road known as Seven Mile Road, thence 500 feet
south from said point, thence west paralleling the
Park boundary for 3,200 feet, thence south for 600
feet, thence west, paralleling the Park boundary to
the west line of sec. 20, T. 54 S., R. 35 E., thence N.
1,100 feet to the point of beginning.’.
‘‘(5) PARK.—The term ‘Park’ means the Everglades
National Park, including any additions to that Park.
‘‘(6) PERMIT.—The term ‘permit’, unless otherwise
specified, means any federally issued permit, license,
certificate of public convenience and necessity, or
other permission of any kind.
‘‘(7) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior or the designee of the Secretary.
‘‘(8) SOUTH FLORIDA ECOSYSTEM.—The term ‘South
Florida ecosystem’ has the meaning given that term
in section 528(a)(4) of the Water Resources Development Act of 1996 (Public Law 104–303) [110 Stat. 3767].
‘‘(9) SPECIAL USE PERMIT AREA.—The term ‘special
use permit area’ means the area of 333.3 acres on the
northern boundary of the Park reserved for the use,
occupancy, and governance of the Tribe under a special use permit before the date of the enactment of
this Act [Oct. 30, 1998].
‘‘(10) TRIBE.—The term ‘Tribe’, unless otherwise
specified, means the Miccosukee Tribe of Indians of
Florida, a tribe of American Indians recognized by
the United States and organized under section 16 of
the Act of June 18, 1934 (48 Stat. 987; 25 U.S.C. 476),
and recognized by the State of Florida pursuant to
chapter 285, Florida Statutes.
‘‘(11) TRIBAL.—The term ‘tribal’ means of or pertaining to the Miccosukee Tribe of Indians of Florida.
‘‘(12) TRIBAL CHAIRMAN.—The term ‘tribal chairman’
means the duly elected chairman of the Miccosukee
Tribe of Indians of Florida, or the designee of that
chairman.
‘‘SEC. 5. TRIBAL RIGHTS AND AUTHORITY ON THE
MICCOSUKEE RESERVED AREA.
‘‘(a) SPECIAL USE PERMIT TERMINATED.—
‘‘(1) TERMINATION.—The special use permit dated
February 1, 1973, issued by the Secretary to the Tribe,
and any amendments to that permit, are terminated.
‘‘(2) EXPANSION OF SPECIAL USE PERMIT AREA.—The
geographical area contained in the former special use
permit area referred to in paragraph (1) shall be expanded pursuant to this Act and known as the
Miccosukee Reserved Area.
‘‘(3) GOVERNANCE OF AFFAIRS IN MICCOSUKEE RESERVED AREA.—Subject to the provisions of this Act
and other applicable Federal law, the Tribe shall govern its own affairs and otherwise make laws and
apply those laws in the MRA as though the MRA were
a Federal Indian reservation.
‘‘(b) PERPETUAL USE AND OCCUPANCY.—The Tribe shall
have the exclusive right to use and develop the MRA in
perpetuity in a manner consistent with this Act for
purposes of the administration, education, housing, and
cultural activities of the Tribe, including commercial
services necessary to support those purposes.
‘‘(c) INDIAN COUNTRY STATUS.—The MRA shall be—
‘‘(1) considered to be Indian country (as that term
is defined in section 1151 of title 18, United States
Code); and

Page 272

‘‘(2) treated as a federally recognized Indian reservation solely for purposes of—
‘‘(A) determining the authority of the Tribe to
govern its own affairs and otherwise make laws and
apply those laws within the MRA; and
‘‘(B) the eligibility of the Tribe and its members
for any Federal health, education, employment,
economic assistance, revenue sharing, or social welfare programs, or any other similar Federal program for which Indians are eligible because of
their—
‘‘(i) status as Indians; and
‘‘(ii) residence on or near an Indian reservation.
‘‘(d) EXCLUSIVE FEDERAL JURISDICTION PRESERVED.—
The exclusive Federal legislative jurisdiction as applied to the MRA as in effect on the date of the enactment of this Act [Oct. 30, 1998] shall be preserved. The
Act of August 15, 1953, 67 Stat. 588, chapter 505 [see
Tables for classification] and the amendments made by
that Act, including section 1162 of title 18, United
States Code, as added by that Act and section 1360 of
title 28, United States Code, as added by that Act, shall
not apply with respect to the MRA.
‘‘(e) OTHER RIGHTS PRESERVED.—Nothing in this Act
shall affect any rights of the Tribe under Federal law,
including the right to use other lands or waters within
the Park for other purposes, including, fishing, boating,
hiking, camping, cultural activities, or religious observances.
‘‘SEC. 6. PROTECTION OF EVERGLADES NATIONAL
PARK.
‘‘(a) ENVIRONMENTAL PROTECTION AND ACCESS REQUIREMENTS.—
‘‘(1) IN GENERAL.—The MRA shall remain within the
boundaries of the Park and be a part of the Park in
a manner consistent with this Act.
‘‘(2) COMPLIANCE WITH APPLICABLE LAWS.—The Tribe
shall be responsible for compliance with all applicable laws, except as otherwise provided by this Act.
‘‘(3) PREVENTION OF DEGRADATION; ABATEMENT.—
‘‘(A) PREVENTION OF DEGRADATION.—Pursuant to
the requirements of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), the Tribe shall
prevent and abate degradation of the quality of surface or groundwater that is released into other
parts of the Park, as follows:
‘‘(i) With respect to water entering the MRA
which fails to meet applicable water quality
standards approved by the Administrator under
the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), actions of the Tribe shall not
further degrade water quality.
‘‘(ii) With respect to water entering the MRA
which meets applicable water quality standards
approved by the Administrator under the Federal
Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Tribe shall not cause the water to fail
to comply with applicable water quality standards.
‘‘(B) PREVENTION AND ABATEMENT.—The Tribe
shall prevent and abate disruption of the restoration or preservation of the quantity, timing, or distribution of surface or groundwater that would
enter the MRA and flow, directly or indirectly, into
other parts of the Park, but only to the extent that
such disruption is caused by conditions, activities,
or structures within the MRA.
‘‘(C) PREVENTION OF SIGNIFICANT PROPAGATION OF
EXOTIC PLANTS AND ANIMALS.—The Tribe shall prevent significant propagation of exotic plants or animals outside the MRA that may otherwise be
caused by conditions, activities, or structures within the MRA.
‘‘(D) PUBLIC ACCESS TO CERTAIN AREAS OF THE
PARK.—The Tribe shall not impede public access to
those areas of the Park outside the boundaries of
the MRA, and to and from the Big Cypress National
Preserve, except that the Tribe shall not be required to allow individuals who are not members of

Page 273

TITLE 16—CONSERVATION

the Tribe access to the MRA other than Federal
employees, agents, officers, and officials (as provided in this Act).
‘‘(E) PREVENTION OF SIGNIFICANT CUMULATIVE ADVERSE ENVIRONMENTAL IMPACTS.—
‘‘(i) IN GENERAL.—The Tribe shall prevent and
abate any significant cumulative adverse environmental impact on the Park outside the MRA
resulting from development or other activities
within the MRA.
‘‘(ii) PROCEDURES.—Not later than 12 months
after the date of the enactment of this Act [Oct.
30, 1998], the Tribe shall develop, publish, and implement procedures that shall ensure adequate
public notice and opportunity to comment on
major tribal actions within the MRA that may
contribute to a significant cumulative adverse
impact on the Everglades ecosystem.
‘‘(iii) WRITTEN NOTICE.—The procedures in
clause (ii) shall include timely written notice to
the Secretary and consideration of the Secretary’s comments.
‘‘(F) WATER QUALITY STANDARDS.—
‘‘(i) IN GENERAL.—Not later than 12 months
after the date of the enactment of this Act [Oct.
30, 1998], the Tribe shall adopt and comply with
water quality standards within the MRA that are
at least as protective as the water quality standards for the area encompassed by Everglades National Park approved by the Administrator under
the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
‘‘(ii) TRIBAL WATER QUALITY STANDARDS.—The
Tribe may not adopt water quality standards for
the MRA under clause (i) that are more restrictive than the water quality standards adopted by
the Tribe for contiguous reservation lands that
are not within the Park.
‘‘(iii) EFFECT OF FAILURE TO ADOPT OR PRESCRIBE
STANDARDS.—In the event the Tribe fails to adopt
water quality standards referred to in clause (i),
the water quality standards applicable to the Everglades National Park, approved by the Administrator under the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), shall be deemed to
apply by operation of Federal law to the MRA
until such time as the Tribe adopts water quality
standards that meet the requirements of this subparagraph.
‘‘(iv) MODIFICATION OF STANDARDS.—If, after the
date of the enactment of this Act [Oct. 30, 1998],
the standards referred to in clause (iii) are revised, not later than 1 year after those standards
are revised, the Tribe shall make such revisions
to water quality standards of the Tribe as are
necessary to ensure that those water quality
standards are at least as protective as the revised
water quality standards approved by the Administrator.
‘‘(v) EFFECT OF FAILURE TO MODIFY WATER QUALITY STANDARDS.—If the Tribe fails to revise water
quality standards in accordance with clause (iv),
the revised water quality standards applicable to
the Everglades Park, approved by the Administrator under the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) shall be deemed to
apply by operation of Federal law to the MRA
until such time as the Tribe adopts water quality
standards that are at least as protective as the revised water quality standards approved by the
Administrator.
‘‘(G) NATURAL EASEMENTS.—The Tribe shall not
engage in any construction, development, or improvement in any area that is designated as a natural easement.
‘‘(b) HEIGHT RESTRICTIONS.—
‘‘(1) RESTRICTIONS.—Except as provided in paragraphs (2) through (4), no structure constructed within the MRA shall exceed the height of 45 feet or exceed 2 stories, except that a structure within the

§ 410

Miccosukee Government Center, as shown on the map
referred to in section 4(4), shall not exceed the height
of 70 feet.
‘‘(2) EXCEPTIONS.—The following types of structures
are exempt from the restrictions of this section to
the extent necessary for the health, safety, or welfare
of the tribal members, and for the utility of the
structures:
‘‘(A) Water towers or standpipes.
‘‘(B) Radio towers.
‘‘(C) Utility lines.
‘‘(3) WAIVER.—The Secretary may waive the restrictions of this subsection if the Secretary finds that
the needs of the Tribe for the structure that is taller
than structures allowed under the restrictions would
outweigh the adverse effects to the Park or its visitors.
‘‘(4) GRANDFATHER CLAUSE.—Any structure approved by the Secretary before the date of the enactment of this Act [Oct. 30, 1998], and for which construction commences not later than 12 months after
the date of the enactment of this Act, shall not be
subject to the provisions of this subsection.
‘‘(5) MEASUREMENT.—The heights specified in this
subsection shall be measured from mean sea level.
‘‘(c) OTHER CONDITIONS.—
‘‘(1) GAMING.—No class II or class III gaming (as
those terms are defined in section 4(7) and (8) of the
Indian Gaming Regulatory Act (25 U.S.C. 2703(7) and
(8)) shall be conducted within the MRA.
‘‘(2) AVIATION.—
‘‘(A) IN GENERAL.—No commercial aviation may
be conducted from or to the MRA.
‘‘(B) EMERGENCY OPERATORS.—Takeoffs and landings of aircraft shall be allowed for emergency operations and administrative use by the Tribe or the
United States, including resource management and
law enforcement.
‘‘(C) STATE AGENCIES AND OFFICIALS.—The Tribe
may permit the State of Florida, as agencies or municipalities of the State of Florida to provide for
takeoffs or landings of aircraft on the MRA for
emergency operations or administrative purposes.
‘‘(3) VISUAL QUALITY.—
‘‘(A) IN GENERAL.—In the planning, use, and development of the MRA by the Tribe, the Tribe shall
consider the quality of the visual experience from
the Shark River Valley visitor use area, including
limitations on the height and locations of billboards or other commercial signs or other advertisements visible from the Shark Valley visitor
center, tram road, or observation tower.
‘‘(B) EXEMPTION OF MARKINGS.—The Tribe may exempt markings on a water tower or standpipe that
merely identify the Tribe.
‘‘(d) EASEMENTS AND RANGER STATION.—Notwithstanding any other provision of this Act, the following
provisions shall apply:
‘‘(1) NATURAL EASEMENTS.—
‘‘(A) IN GENERAL.—The use and occupancy of the
MRA by the Tribe shall be perpetually subject to
natural easements on parcels of land that are—
‘‘(i) bounded on the north and south by the
boundaries of the MRA, specified in the legal description under section 4(4); and
‘‘(ii) bounded on the east and west by boundaries that run perpendicular to the northern and
southern boundaries of the MRA, as provided in
the description under subparagraph (B).
‘‘(B) DESCRIPTION.—The description referred to in
subparagraph (A)(ii) is as follows:
‘‘(i) Easement number 1, being 445 feet wide
with western boundary 525 feet, and eastern
boundary 970 feet, east of the western boundary of
the MRA.
‘‘(ii) Easement number 2, being 443 feet wide
with western boundary 3,637 feet, and eastern
boundary 4,080 feet, east of the western boundary
of the MRA.
‘‘(iii) Easement number 3, being 320 feet wide
with western boundary 5,380 feet, and eastern

§ 410

TITLE 16—CONSERVATION

boundary 5,700 feet, east of the western boundary
of the MRA.
‘‘(iv) Easement number 4, being 290 feet wide
with western boundary 6,020 feet, and eastern
boundary 6,310 feet, east of the western boundary
of the MRA.
‘‘(v) Easement number 5, being 290 feet wide
with western boundary 8,170 feet, and eastern
boundary 8,460 feet, east of the western boundary
of the MRA.
‘‘(vi) Easement number 6, being 312 feet wide
with western boundary 8,920 feet, and eastern
boundary 9,232 feet, east of the western boundary
of the MRA.
‘‘(2) EXTENT OF EASEMENTS.—The aggregate extent
of the east-west parcels of lands subject to easements
under paragraph (1) shall not exceed 2,100 linear feet,
as depicted on the map referred to in section 4(4).
‘‘(3) USE OF EASEMENTS.—At the discretion of the
Secretary, the Secretary may use the natural easements specified in paragraph (1) to fulfill a hydrological or other environmental objective of the Everglades National Park.
‘‘(4) ADDITIONAL REQUIREMENTS.—In addition to providing for the easements specified in paragraph (1),
the Tribe shall not impair or impede the continued
function of the water control structures designated
as ‘S–12A’ and ‘S–12B’, located north of the MRA on
the Tamiami Trail and any existing water flow ways
under the Old Tamiami Trail.
‘‘(5) USE BY DEPARTMENT OF THE INTERIOR.—The Department of the Interior shall have a right, in perpetuity, to use and occupy, and to have vehicular and
airboat access to, the Tamiami Ranger Station identified on the map referred to in section 4(4), except
that the pad on which such station is constructed
shall not be increased in size without the consent of
the Tribe.
‘‘SEC. 7. IMPLEMENTATION PROCESS.
‘‘(a) GOVERNMENT-TO-GOVERNMENT AGREEMENTS.—The
Secretary and the tribal chairman shall make reasonable, good faith efforts to implement the requirements
of this Act. Those efforts may include government-togovernment consultations, and the development of
standards of performance and monitoring protocols.
‘‘(b) FEDERAL MEDIATION AND CONCILIATION SERVICE.—
If the Secretary and the tribal chairman concur that
they cannot reach agreement on any significant issue
relating to the implementation of the requirements of
this Act, the Secretary and the tribal chairman may
jointly request that the Federal Mediation and Conciliation Service assist them in reaching a satisfactory
agreement.
‘‘(c) 60-DAY TIME LIMIT.—The Federal Mediation and
Conciliation Service may conduct mediation or other
nonbinding dispute resolution activities for a period
not to exceed 60 days beginning on the date on which
the Federal Mediation and Conciliation Service receives the request for assistance, unless the Secretary
and the tribal chairman agree to an extension of period
of time.
‘‘(d) OTHER RIGHTS PRESERVED.—The facilitated dispute resolution specified in this section shall not prejudice any right of the parties to—
‘‘(1) commence an action in a court of the United
States at any time; or
‘‘(2) any other resolution process that is not prohibited by law.
‘‘SEC. 8. MISCELLANEOUS.
‘‘(a) NO GENERAL APPLICABILITY.—Nothing in this Act
creates any right, interest, privilege, or immunity affecting any other Tribe or any other park or Federal
lands.
‘‘(b) NONINTERFERENCE WITH FEDERAL AGENTS.—
‘‘(1) IN GENERAL.—Federal employees, agents, officers, and officials shall have a right of access to the
MRA—
‘‘(A) to monitor compliance with the provisions of
this Act; and

Page 274

‘‘(B) for other purposes, as though it were a Federal Indian reservation.
‘‘(2) STATUTORY CONSTRUCTION.—Nothing in this Act
shall authorize the Tribe or members or agents of the
Tribe to interfere with any Federal employee, agent,
officer, or official in the performance of official duties (whether within or outside the boundaries of the
MRA) except that nothing in this paragraph may
prejudice any right under the Constitution of the
United States.
‘‘(c) FEDERAL PERMITS.—
‘‘(1) IN GENERAL.—No Federal permit shall be issued
to the Tribe for any activity or structure that would
be inconsistent with this Act.
‘‘(2) CONSULTATIONS.—Any Federal agency considering an application for a permit for construction or activities on the MRA shall consult with, and consider
the advice, evidence, and recommendations of the
Secretary before issuing a final decision.
‘‘(3) RULE OF CONSTRUCTION.—Except as otherwise
specifically provided in this Act, nothing in this Act
supersedes any requirement of any other applicable
Federal law.
‘‘(d) VOLUNTEER PROGRAMS AND TRIBAL INVOLVEMENT.—The Secretary may establish programs that foster greater involvement by the Tribe with respect to
the Park. Those efforts may include internships and
volunteer programs with tribal schoolchildren and with
adult tribal members.
‘‘(e) SAVING ECOSYSTEM RESTORATION.—
‘‘(1) IN GENERAL.—Nothing in this Act shall be construed to amend or prejudice the authority of the
United States to design, construct, fund, operate, permit, remove, or degrade canals, levees, pumps, impoundments, wetlands, flow ways, or other facilities,
structures, or systems, for the restoration or protection of the South Florida ecosystem pursuant to Federal laws.
‘‘(2) USE OF NONEASEMENT LANDS.—
‘‘(A) IN GENERAL.—The Secretary may use all or
any part of the MRA lands to the extent necessary
to restore or preserve the quality, quantity, timing,
or distribution of surface or groundwater, if other
reasonable alternative measures to achieve the
same purpose are impractical.
‘‘(B) SECRETARIAL AUTHORITY.—The Secretary
may use lands referred to in subparagraph (A) either under an agreement with the tribal chairman
or upon an order of the United States district court
for the district in which the MRA is located, upon
petition by the Secretary and finding by the court
that—
‘‘(i) the proposed actions of the Secretary are
necessary; and
‘‘(ii) other reasonable alternative measures are
impractical.
‘‘(3) COSTS.—
‘‘(A) IN GENERAL.—In the event the Secretary exercises the authority granted the Secretary under
paragraph (2), the United States shall be liable to
the Tribe or the members of the Tribe for—
‘‘(i) cost of modification, removal, relocation,
or reconstruction of structures lawfully erected
in good faith on the MRA; and
‘‘(ii) loss of use of the affected land within the
MRA.
‘‘(B) PAYMENT OF COMPENSATION.—Any compensation paid under subparagraph (A) shall be paid as
cash payments with respect to taking structures
and other fixtures and in the form of rights to occupy similar land adjacent to the MRA with respect
to taking land.
‘‘(4) RULE OF CONSTRUCTION.—Paragraphs (2) and (3)
shall not apply to a natural easement described in
section 6(d)(1).
‘‘(f) PARTIES HELD HARMLESS.—
‘‘(1) UNITED STATES HELD HARMLESS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B)
with respect to any tribal member, tribal employee,
tribal contractor, tribal enterprise, or any person

Page 275

§ 410d

TITLE 16—CONSERVATION

residing within the MRA, notwithstanding any
other provision of law, the United States (including
an officer, agent, or employee of the United States),
shall not be liable for any action or failure to act
by the Tribe (including an officer, employee, or
member of the Tribe), including any failure to perform any of the obligations of the Tribe under this
Act.
‘‘(B) RULE OF CONSTRUCTION.—Nothing in this
paragraph shall be construed to alter any liability
or other obligation that the United States may
have under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
‘‘(2) TRIBE HELD HARMLESS.—Notwithstanding any
other provision of law, the Tribe and the members of
the Tribe shall not be liable for any injury, loss, damage, or harm that—
‘‘(A) occurs with respect to the MRA; and
‘‘(B) is caused by an action or failure to act by
the United States, or the officer, agent, or employee of the United States (including the failure to
perform any obligation of the United States under
this Act).
‘‘(g) COOPERATIVE AGREEMENTS.—Nothing in this Act
shall alter the authority of the Secretary and the Tribe
to enter into any cooperative agreement, including any
agreement concerning law enforcement, emergency response, or resource management.
‘‘(h) WATER RIGHTS.—Nothing in this Act shall enhance or diminish any water rights of the Tribe, or
members of the Tribe, or the United States (with respect to the Park).
‘‘(i) ENFORCEMENT.—
‘‘(1) ACTIONS BROUGHT BY ATTORNEY GENERAL.—The
Attorney General may bring a civil action in the
United States district court for the district in which
the MRA is located, to enjoin the Tribe from violating any provision of this Act.
‘‘(2) ACTION BROUGHT BY TRIBE.—The Tribe may
bring a civil action in the United States district
court for the district in which the MRA is located to
enjoin the United States from violating any provision
of this Act.’’

§ 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 section 410 of this title as may be deemed
by him necessary or desirable for national-park
purposes: Provided, That no land for said park
shall be accepted until exclusive jurisdiction
over the entire park area, in form satisfactory
to the Secretary of the Interior, shall have been
ceded by the State of Florida to the United
States.
(May 30, 1934, ch. 371, § 2, 48 Stat. 816.)
§ 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 sections 1, 2, 3, and 4 of this title,
as amended: Provided, That the provisions of the
Federal Power Act [16 U.S.C. 791a et seq.] shall
not apply to this park: Provided further, That
nothing in sections 410 to 410c of this title shall
be construed to lessen any existing rights of the
Seminole Indians which are not in conflict with
the purposes for which the Everglades National
Park is created.
(May 30, 1934, ch. 371, § 3, 48 Stat. 816; Aug. 21,
1937, ch. 732, 50 Stat. 742.)

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 section 791a of this title. The
Federal Power Act is act June 10, 1920, ch. 285, 41 Stat.
1063, as amended, and is classified generally to chapter
12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this
title and Tables.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 48 Stat. 817.)
§ 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 sections 410 to 410c of
this title, notwithstanding any provision contained in said sections, the Secretary of the Interior is authorized in his discretion to accept
on behalf of the United States any land, submerged land, or interests therein, subject to
such reservations of oil, gas, or mineral rights
as the Secretary may approve, within the area
of approximately two thousand square miles recommended by said Secretary in his report to the
Congress of December 3, 1930, pursuant to the
Act of March 1, 1929 (45 Stat. 1443): Provided,
That no general development of the property accepted pursuant to this section shall be undertaken nor shall the park be established until
title satisfactory to the Secretary to a major
portion of the lands, to be selected by him, within the aforesaid recommended area shall have
been vested in the United States: Provided further, That until the property acquired by the
United States pursuant to this section has been
cleared of the aforesaid reservations, the Secretary in his discretion shall furnish such protection thereover as may be necessary for the
accomplishment of the purposes of this section:
And provided further, That in the event the park
is not established within ten years from December 6, 1944, or upon the abandonment of the park
at any time after its establishment, title to any
lands accepted pursuant to the provisions of this
section shall thereupon automatically revest in

§ 410e

TITLE 16—CONSERVATION

the State of Florida or other grantors of such
property to the United States.
(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, 58 Stat. 794.)
REFERENCES IN TEXT
Act of March 1, 1929 (45 Stat. 1443), referred to in subsec. (a), is act Mar. 1, 1929, ch. 446, 45 Stat. 1443, which
is not classified to the Code.

§ 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, 63 Stat. 733.)
§ 410f. Limitation of Federal action during reservation period
Unless consented to by an owner retaining the
reservation set forth in subsection (1) of section
410e of this title, no action shall be taken by the

Page 276

Federal Government during the period of such
reservation to purchase, acquire, or otherwise
terminate or interfere with any lease or leases
which may be applicable to said owner’s lands.
(Oct. 10, 1949, ch. 659, § 2, 63 Stat. 734.)
§ 410g. Rules and regulations governing reservation rights
Any reservations retained under the provisions of subsection (1) of section 410e of this title
shall be exercised by the owners subject to reasonable rules and regulations which the Secretary may prescribe for the protection of the
park, but which shall permit the reserved rights
to be exercised so that the oil, gas, and minerals
may be explored for, developed, extracted, and
removed from the park area in accordance with
sound conservation practices. All operations
shall be carried on under such regulations as the
Secretary may prescribe to protect the lands
and areas for park purposes.
(Oct. 10, 1949, ch. 659, § 3, 63 Stat. 734.)
§ 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 sections 410e
to 410h of this title. If, after the exercise of such
reasonable diligence, owners cannot be located,
or do not appear in judicial proceedings to acquire the lands, so that it may be ascertained
whether they desire to retain reservations in accordance with the provisions hereof, the Secretary may acquire the fee simple title to their
lands free and clear of reservations as set forth
in subsections (1) and (2) of section 410e of this
title.
(Oct. 10, 1949, ch. 659, § 4, 63 Stat. 734.)
§ 410i. Exterior boundaries; administration
Notwithstanding section 410 of this title, or
any action taken pursuant to authority contained therein, the exterior boundary of Everglades National Park, Florida, is subject to the
provisions of section 410o of this title, fixed to
include the following described lands:
(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;

Page 277

TITLE 16—CONSERVATION

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;

§ 410i

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;

§ 410i

TITLE 16—CONSERVATION

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;

Page 278

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-ofway 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 361⁄2 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.

Page 279

TITLE 16—CONSERVATION

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.
(Pub. L. 85–482, § 1, July 2, 1958, 72 Stat. 280.)
§ 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 section 410i of this title. Notwithstanding the proviso contained in section 410 of
this title, or any other provision of law, the said
Secretary is authorized on and after July 2, 1958,
within the boundary fixed in sections 410i to 410p
of this title and with any funds made available
for that purpose, to acquire land, water, and interests therein by purchase or otherwise.
The authority to acquire land, water, and interests therein within the park boundary fixed
in section 410i of this title but outside the area
designated in sections 410e to 410h of this title,
is further subject to the right of retention by
the owners thereof, including owners of interests in oil, gas, and mineral rights or royalties,
and by their heirs, executors, administrators,
successors, and assigns, at their election of the
following:
(1) The reservation until October 9, 1967, of
all oil, gas, and mineral rights or interests, including the right to lease, explore for,
produce, store, and remove oil, gas, and other
minerals from such lands;
(2) In the event that on or before said date,
oil, gas, or other minerals are being produced
in commercial quantities anywhere within the
boundary fixed in section 410i of this title but
outside the area designated in sections 410e to
410h of this title, the time of the reservation
provided in subsection (1) above shall automatically extend for all owners within said
boundary and outside of said area regardless of
whether such production is from land in which
such owners have an interest, for so long as
oil, gas, or other minerals are produced in
commercial quantities anywhere within said
boundary and outside of said area. To exercise
this reservation, the owners, their lessees,
agents, employees, and assigns shall have such
right of ingress to and egress from such land
and water as may be necessary; and
(3) After the termination of the reserved
rights of owners as set forth in subsections (1)
and (2) of this section, a further reservation of
the right to customary royalties, applying at
the time of production, in any oil, gas, or
other minerals which may be produced from
such land and water at any time before January 1, 1985, should production ever be authorized by the Federal Government or its assigns.
(Pub. L. 85–482, § 2, July 2, 1958, 72 Stat. 284; Pub.
L. 91–428, § 2, Sept. 26, 1970, 84 Stat. 885.)
AMENDMENTS
1970—Pub. L. 91–428 struck out restriction against acquisition of certain described lands in Dade County

§ 410n

without the consent of the owner so long as the land is
used exclusively for agricultural purposes, including
housing directly incident thereto, or is lying fallow or
remains in its natural state.

§ 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 410j of this title, no action shall be
taken by the Federal Government during the period of such reservation to purchase, acquire, or
otherwise terminate or interfere with any lease
or leases which may be applicable to said owner’s land.
(Pub. L. 85–482, § 3, July 2, 1958, 72 Stat. 285.)
§ 410l. Rules and regulations governing reservation rights
Any reservations retained under the provisions of subsections (1) and (2) of section 410j of
this title shall be exercised by the owners subject to reasonable rules and regulations which
the Secretary may prescribe for the protection
of the park, but which shall permit the reserved
rights to be exercised so that the oil, gas, and
minerals may be explored for, developed, extracted, and removed from the park area in accordance with sound conservation practices. All
operations shall be carried on under such regulations as the Secretary may prescribe to protect
the land and area for park purposes.
(Pub. L. 85–482, § 4, July 2, 1958, 72 Stat. 285.)
§ 410m. Ascertainment of owners’ election regarding reservation rights
In acquiring any of the land or water within
the area described in section 410i of this title the
Secretary of the Interior shall exercise reasonable diligence to ascertain whether owners elect
to retain reservations in accordance with the
provisions of section 410j of this title. If, after
the exercise of such reasonable diligence, owners
cannot be located, or do not appear in judicial
proceedings to acquire the land and water, so
that it may be ascertained whether they desire
to retain reservations in accordance with the
provisions hereof, the Secretary may acquire
the fee simple title to their land free and clear
of reservations as set forth in subsections (1),
(2), and (3) of section 410j of this title.
(Pub. L. 85–482, § 5, July 2, 1958, 72 Stat. 285.)
§ 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

§ 410o

TITLE 16—CONSERVATION

grant said permission, however, only after a
master plan for the drainage of said lands has
been approved by the State of Florida and after
finding that the approved plan has engineering
feasibility and is so designed as to minimize disruptions of the natural state of the park. Any
right-of-way granted pursuant to this section
shall be revocable upon breach of the conditions
upon which it is granted, which conditions shall
also be enforcible in any other appropriate manner, and the grantee shall be obligated to remove its improvements and to restore the land
occupied by it to its previous condition in the
event of such revocation.
(Pub. L. 85–482, § 6, July 2, 1958, 72 Stat. 286.)
§ 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 410i of this
title, such transfer to be in exchange for the
conveyance by the State of Florida to the
United States of all land, water, and interests
therein, owned by the State within the boundary
of the park as described in section 410i of this
title: Provided, That exclusion of any land,
water, and interests therein from the park
boundary pursuant to section 410i of this title
shall be dependent upon the contemporaneous
conveyance by the State to the United States of
all land, water, and interests therein, owned by
the State within the park boundary described in
section 410i of this title, including land, water,
and interests therein, heretofore conveyed to
the State, for transfer to the United States for
inclusion in Everglades National Park. The effectuation of the transfer provided for in this
section shall be a condition precedent to the acquisition by the Secretary of any land, water, or
interests therein held in private ownership within the boundaries set forth in section 410i of this
title and outside the area designated in sections
410e to 410h of this title, except as such acquisition is by donation.
(Pub. L. 85–482, § 7, July 2, 1958, 72 Stat. 286.)
§ 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 section 410i of this title
and outside the area described in sections 410e
to 410h of this title.
(b) In addition to the amount authorized in
subsection (a) of this section there is authorized
to be appropriated such amount, not in excess of
$700,200, as is necessary for the acquisition, in
accordance with the provisions of sections 410i
to 410p of this title, of the following described
privately owned lands:
Sections 3, 4, and 5; section 6, less the west
half of the northwest quarter; sections 7, 8, 9,
and 10; north half of section 15; and sections 17

Page 280

and 18, all in township 59 south, range 37 east,
Tallahassee meridian.
(Pub. L. 85–482, § 8, July 2, 1958, 72 Stat. 286; Pub.
L. 91–88, Oct. 17, 1969, 83 Stat. 134; Pub. L. 91–428,
§ 1, Sept. 26, 1970, 84 Stat. 885.)
AMENDMENTS
1970—Subsec. (a). Pub. L. 91–428 substituted
‘‘$22,000,000’’ for ‘‘$2,000,000’’.
1969—Pub. L. 91–88 designated existing provisions as
subsec. (a) and added subsec. (b).

§ 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.
(Pub. L. 86–269, § 1, Sept. 14, 1959, 73 Stat. 553.)
§ 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 section 410q of this
title shall, upon the acceptance of title thereto,
become parts of the Everglades National Park
and shall be subject to all laws and regulations
applicable thereto.
(Pub. L. 86–269, § 2, Sept. 14, 1959, 73 Stat. 554.)
§ 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 sub-

Page 281

TITLE 16—CONSERVATION

merged land shall be subject to the reservations
set forth in the aforementioned Collier deeds for
public utility easements and rights-of-way of
the public with respect to Indian Key Channel,
and also to a public right-of-way for the State
highway or causeway from Everglades City to
Chokoloskee Island.
(Pub. L. 86–681, § 1, Sept. 2, 1960, 74 Stat. 577.)
§ 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 section 410r–1 of this
title shall, upon the acceptance of title thereto,
become parts of the Everglades National Park
and shall be subject to all laws and regulations
applicable thereto.
(Pub. L. 86–681, § 2, Sept. 2, 1960, 74 Stat. 577.)
§ 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.
(Pub. L. 88–588, § 1, Sept. 12, 1964, 78 Stat. 933.)
§ 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 section 410r–3 of this
title, such sum as may be necessary but not in
excess of $452,000 to reimburse the fund for costs
incurred by the Farmers Home Administration
in connection with the aforesaid property.
(Pub. L. 88–588, § 2, Sept. 12, 1964, 78 Stat. 933.)
§ 410r–5. Findings, purposes, and definitions
(a) Findings
The Congress makes the following findings:
1 So

in original. Probably should be ‘‘of the’’.

§ 410r–5

(1) The Everglades National Park is a nationally and internationally significant resource and the park has been adversely affected and continues to be adversely affected
by external factors which have altered the
ecosystem including the natural hydrologic
conditions within the park.
(2) The existing boundary of Everglades National Park excludes the contiguous lands and
waters of the Northeast Shark River Slough
that are vital to long-term protection of the
park and restoration of natural hydrologic
conditions within the park.
(3) Wildlife resources and their associated
habitats have been adversely impacted by the
alteration of natural hydrologic conditions
within the park, which has contributed to an
overall decline in fishery resources and a 90
percent population loss of wading birds.
(4) Incorporation of the Northeast Shark
River Slough and the East Everglades within
the park will limit further losses suffered by
the park due to habitat destruction outside
the present park boundaries and will preserve
valuable ecological resources for use and enjoyment by future generations.
(5) The State of Florida and certain of its political subdivisions or agencies have indicated
a willingness to transfer approximately 35,000
acres of lands under their jurisdiction to the
park in order to protect lands and water within the park, and may so transfer additional
lands in the future.
(6) The State of Florida has proposed a joint
Federal-State effort to protect Everglades National Park through the acquisition of additional lands.
(b) Purposes
The purposes of sections 410r–5 to 410r–8 of this
title are to—
(1) increase the level of protection of the
outstanding natural values of Everglades National Park and to enhance and restore the
ecological values, natural hydrologic conditions, and public enjoyment of such area by
adding the area commonly known as the
Northeast Shark River Slough and the East
Everglades to Everglades National Park; and
(2) assure that the park is managed in order
to maintain the natural abundance, diversity,
and ecological integrity of native plants and
animals, as well as the behavior of native animals, as a part of their ecosystem.
(c) Definitions
As used in sections 410r–5 to 410r–8 of this
title:
(1) The term ‘‘Secretary’’ means the Secretary of the Interior.
(2) The term ‘‘addition’’ means the approximately 107,600 acre area of the East Everglades
area authorized to be added to Everglades National Park by sections 410r–5 to 410r–8 of this
title.
(3) The term ‘‘park’’ means the area encompassing the existing boundary of Everglades
National Park and the addition area described
in paragraph (2).
(4) The term ‘‘project’’ means the Central
and Southern Florida Project.
(Pub. L. 101–229, title I, § 101, Dec. 13, 1989, 103
Stat. 1946.)

§ 410r–6

TITLE 16—CONSERVATION
SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105–82, § 1, Nov. 13, 1997, 111 Stat. 1540, provided that: ‘‘This Act [amending section 410r–7 of this
title, enacting provisions set out as a note under section 410r–7 of this title, and amending provisions listed
in a table of Wilderness Areas set out under section 1132
of this title] may be cited as the ‘Marjory Stoneman
Douglas Wilderness and Ernest F. Coe Visitor Center
Designation Act’.’’
SHORT TITLE
Section 1 of Pub. L. 101–229 provided that: ‘‘This Act
[enacting this section and sections 410r–6 to 410r–8 of
this title] may be cited as the ‘Everglades National
Park Protection and Expansion Act of 1989’.’’

§ 410r–6. Boundary modification
(a) Area included
(1) In general
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.
(2) Availability of map
The map shall be on file and available for
public inspection in the offices of the National
Park Service, Department of the Interior.
(3) Acquisition of additional land
(A) In general
The Secretary may acquire from 1 or more
willing sellers not more than 10 acres of land
located outside the boundary of the park and
adjacent to or near the East Everglades area
of the park for the development of administrative, housing, maintenance, or other park
purposes.
(B) Administration; applicable law
On acquisition of the land under subparagraph (A), the land shall be administered as
part of the park in accordance with the laws
(including regulations) applicable to the
park.
(b) Boundary adjustment
The Secretary may from time to time make
minor revisions in the boundaries of the park in
accordance with section 460l–9(c) of this title. In
exercising the boundary adjustment authority
the Secretary shall ensure all actions will enhance resource preservation and shall not result
in a net loss of acreage from the park.
(c) Acquisition
(1) Within the boundaries of the addition described in subsection (a) of this section, the Secretary may acquire lands and interests in land
by donation, purchase with donated or appropriated funds, or exchange. For purposes of acquiring property by exchange, the Secretary
may, notwithstanding any other provision of
law, exchange the approximately one acre of
Federal land known as ‘‘Gilberts’ Marina’’ for
non-Federal land of equal value located within
the boundaries of the addition. Any lands or interests in land which are owned by the State of
Florida or any political subdivision thereof, may
be acquired only by donation.

Page 282

(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 chapters 1 to
11 of title 40 and division C (except sections 3302,
3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(e) Offers to sell
In exercising the authority to acquire property under sections 410r–5 to 410r–8 of this title,
the Secretary shall give prompt and careful consideration to any offer made by any person owning property within the boundaries of the addition to sell such property, if such owner notifies
the Secretary that the continued ownership of
such property is causing, or would result in
undue hardship.
(f) Authorization of appropriations
(1) Subject to the provisions of paragraph (2),
there are hereby authorized to be appropriated
such sums as may be necessary to carry out the
provisions of sections 410r–5 to 410r–8 of this
title.
(2) With respect to land acquisition within the
addition, not more than 80 percent of the cost of
such acquisition may be provided by the Federal
Government. Not less than 20 percent of such
cost shall be provided by the State of Florida.
(g) Assistance
Upon the request of the Governor of the State
of Florida, the Secretary is authorized to provide technical assistance and personnel to assist
in the acquisition of lands and waters within the
Kissimmee River/Lake Okeechobee/Everglades
Hydrologic Basin, including the Big Cypress
Swamp, through the provision of Federal land
acquisition personnel, practices, and procedures.
The State of Florida shall reimburse the Secretary for such assistance in such amounts and
at such time as agreed upon by the Secretary
and the State. Notwithstanding any other provision of law, reimbursement received by the Secretary for such assistance shall be retained by
the Secretary and shall be available without further appropriation for purposes of carrying out
any authorized activity of the Secretary within
the boundaries of the park.
(h) Land exchanges
(1) Definitions
In this subsection:
(A) Administrator
The term ‘‘Administrator’’ means the Administrator of General Services.

Page 283

§ 410r–7

TITLE 16—CONSERVATION

(B) County
The term ‘‘County’’ means Miami-Dade
County, Florida.
(C) County land
The term ‘‘County land’’ means the 2 parcels of land owned by the County totaling
approximately 152.93 acres that are designated as ‘‘Tract 605–01’’ and ‘‘Tract 605–03’’.
(D) District
The term ‘‘District’’ means the South
Florida Water Management District.
(E) District land
The term ‘‘District land’’ means the approximately 1,054 acres of District land located in the Southern Glades Wildlife and
Environmental Area and identified on the
map as ‘‘South Florida Water Management
District Exchange Lands’’.
(F) General Services Administration land
The term ‘‘General Services Administration land’’ means the approximately 595.28
acres of land designated as ‘‘Site Alpha’’
that is declared by the Department of the
Navy to be excess land.
(G) Map
The term ‘‘map’’ means the map entitled
‘‘Boundary Modification for C–111 Project,
Everglades National Park’’, numbered 160/
80,007A, and dated May 18, 2004.
(H) National Park Service land
The term ‘‘National Park Service land’’
means the approximately 1,054 acres of land
located in the Rocky Glades area of the park
and identified on the map as ‘‘NPS Exchange
Lands’’.
(2) Exchange of General Services Administration land and County land
The Administrator shall convey to the County fee title to the General Services Administration land in exchange for the conveyance
by the County to the Secretary of fee title to
the County land.
(3) Exchange of National Park Service land
and District land
(A) In general
As soon as practicable after the completion of the exchange under paragraph (2), the
Secretary shall convey to the District fee
title to the National Park Service land in
exchange for fee title to the District land.
(B) Use of National Park Service land
The National Park Service land conveyed
to the District shall be used by the District
for the purposes of the C–111 project, including restoration of the Everglades natural
system.
(C) Boundary adjustment
On completion of the land exchange under
subparagraph (A), the Secretary shall modify the boundary of the park to reflect the
exchange of the National Park Service land
and the District land.
(4) Availability of map
The map shall be on file and available for
public inspection in the appropriate offices of
the National Park Service.

(Pub. L. 101–229, title I, § 102, Dec. 13, 1989, 103
Stat. 1947; Pub. L. 108–483, § 1, Dec. 23, 2004, 118
Stat. 3919.)
CODIFICATION
In subsec. (d), ‘‘chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41’’ substituted for ‘‘the
Federal Property and Administrative Services Act of
1949 (63 Stat. 377)’’ on authority of Pub. L. 107–217, § 5(c),
Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40,
Public Buildings, Property, and Works, and Pub. L.
111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
AMENDMENTS
2004—Subsec. (a). Pub. L. 108–483, § 1(1), designated
first sentence as par. (1), designated second sentence as
par. (2), inserted par. headings, and added par. (3).
Subsec. (h). Pub. L. 108–483, § 1(2), added subsec. (h).

§ 410r–7. Administration
(a) In general
The Secretary shall administer the areas within the addition in accordance with sections
410r–5 to 410r–8 of this title and other provisions
of law applicable to the Everglades National
Park, and with the provisions of law generally
applicable to units of the national park system,
including sections 1, 2, 3, and 4 of this title. In
order to further preserve and protect Everglades
National Park, the Secretary shall utilize such
other statutory authority as may be available to
him for the preservation of wildlife and natural
resources as he deems necessary to carry out the
purposes of sections 410r–5 to 410r–8 of this title.
(b) Protection of ecosystem
The Secretary shall manage the park in order
to maintain the natural abundance, diversity,
and ecological integrity of native plants and
animals, as well as the behavior of native animals, as a part of their ecosystem.
(c) Protection of flora and fauna
The park shall be closed to the operation of
airboats—
(1) except as provided in subsection (d) of
this section; and
(2) except that within a limited capacity and
on designated routes within the addition, owners of record of registered airboats in use within the addition as of January 1, 1989, shall be
issued nontransferable, nonrenewable permits,
for their individual lifetimes, to operate personally-owned 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) Marjory Stoneman Douglas Visitor Center
The Secretary is authorized and directed to
expedite the construction of the visitor center

§ 410r–8

TITLE 16—CONSERVATION

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.
(f) Ernest F. Coe Visitor Center
On completion of construction of the main visitor center facility at the headquarters of Everglades National Park, the Secretary shall designate the visitor center facility as the ‘‘Ernest
F. Coe Visitor Center’’, to commemorate the vision and leadership shown by Mr. Coe in the establishment and protection of Everglades National Park.
(Pub. L. 101–229, title I, § 103, Dec. 13, 1989, 103
Stat. 1948; Pub. L. 105–82, §§ 4, 5, Nov. 13, 1997, 111
Stat. 1541, 1542.)
AMENDMENTS
1997—Subsec. (c)(2). Pub. L. 105–82, § 5(1), substituted
‘‘personally-owned’’ for ‘‘personnally-owned’’.
Subsec. (e). Pub. L. 105–82, § 5(2), substituted ‘‘Marjory
Stoneman Douglas Visitor Center’’ for ‘‘Visitor Center’’ in heading.
Subsec. (f). Pub. L. 105–82, § 4, added subsec. (f).
FINDINGS AND PURPOSE OF 1997 AMENDMENT
Section 2 of Pub. L. 105–82 provided that:
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1)(A) Marjory Stoneman Douglas, through her
book, ‘The Everglades: River of Grass’ (published in
1947), defined the Everglades for the people of the
United States and the world;
‘‘(B) Mrs. Douglas’s book was the first to stimulate
widespread understanding of the Everglades ecosystem and ultimately served to awaken the desire of
the people of the United States to restore the ecosystem’s health;
‘‘(C) in her 107th year, Mrs. Douglas is the sole surviving member of the original group of people who devoted decades of selfless effort to establish the Everglades National Park;
‘‘(D) when the water supply and ecology of the Everglades, both within and outside the park, became
threatened by drainage and development, Mrs. Douglas dedicated the balance of her life to the defense of
the Everglades through extraordinary personal effort
and by inspiring countless other people to take action;
‘‘(E) for these and many other accomplishments,
the President awarded Mrs. Douglas the Medal of
Freedom on Earth Day, 1994; and
‘‘(2)(A) Ernest F. Coe (1886–1951) was a leader in the
creation of Everglades National Park;
‘‘(B) Mr. Coe organized the Tropic Everglades National Park Association in 1928 and was widely regarded as the father of Everglades National Park;
‘‘(C) as a landscape architect, Mr. Coe’s vision for
the park recognized the need to protect south Florida’s diverse wildlife and habitats for future generations;
‘‘(D) Mr. Coe’s original park proposal included lands
and waters subsequently protected within the Everglades National Park, the Big Cypress National Preserve, and the Florida Keys National Marine Sanctuary; and
‘‘(E)(i) Mr. Coe’s leadership, selfless devotion, and
commitment to achieving his vision culminated in
the authorization of the Everglades National Park by
Congress in 1934;
‘‘(ii) after authorization of the park, Mr. Coe fought
tirelessly and lobbied strenuously for establishment
of the park, finally realizing his dream in 1947; and

Page 284

‘‘(iii) Mr. Coe accomplished much of the work described in this paragraph at his own expense, which
dramatically demonstrated his commitment to establishment of Everglades National Park.
‘‘(b) PURPOSE.—It is the purpose of this Act [see Short
Title of 1997 Amendment note set out under section
410r–5 of this title] to commemorate the vision, leadership, and enduring contributions of Marjory Stoneman
Douglas and Ernest F. Coe to the protection of the Everglades and the establishment of Everglades National
Park.’’

§ 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 (97 Stat. 1292) and
generally as set forth in a General Design
Memorandum to be prepared by the Jacksonville
District entitled ‘‘Modified Water Deliveries to
Everglades National Park’’. The Draft of such
Memorandum and the Final Memorandum, as
prepared by the Jacksonville District, shall be
submitted as promptly as practicable to the
Committee on Energy and Natural Resources
and the Committee on Environment and Public
Works of the United States Senate and the Committee on Natural Resources and the Committee
on Public Works and Transportation of the
United States House of Representatives.
(3) Construction of project modifications authorized in this subsection and flood protection
systems authorized in subsections (c) and (d) of
this section are justified by the environmental
benefits to be derived by the Everglades ecosystem in general and by the park in particular
and shall not require further economic justification.
(4) Nothing in this section shall be construed
to limit the operation of project facilities to
achieve their design objectives, as set forth in
the Congressional authorization and any modifications thereof.
(b) Determination of adverse effect
(1) Upon completion of the Final Memorandum
referred to in subsection (a) of this section, the
Secretary of the Army, in consultation with the
South Florida Water Management District, shall
make a determination as to whether the residential area within the East Everglades known
as the ‘‘Eight and One-Half Square Mile Area’’
or adjacent agricultural areas, all as generally
depicted on the map referred to in section
410r–6(a) of this title, will be adversely affected
by project modifications authorized in subsection (a) of this section.
(2) In determining whether adjacent agricultural areas will be adversely affected, the Secretary of the Army shall consider the impact of
any flood protection system proposed to be implemented pursuant to subsection (c) of this section on such agricultural areas.

Page 285

TITLE 16—CONSERVATION

(c) Flood protection; Eight and One-Half Square
Mile Area
If the Secretary of the Army makes a determination pursuant to subsection (b) of this section that the ‘‘Eight and One-Half Square Mile
Area’’ will be adversely affected, the Secretary
of the Army is authorized and directed to construct a flood protection system for that portion
of presently developed land within such area.
(d) Flood protection; adjacent agricultural area
(1) If the Secretary of the Army determines
pursuant to subsection (b) of this section that
an adjacent agricultural area will be adversely
affected, the Secretary of the Army is authorized and directed to construct a flood protection
system for such area. Such determination shall
be based on a finding by the Secretary of the
Army that:
(A) the adverse effect will be attributable
solely to a project modification authorized in
subsection (a) of this section or to a flood protection system implemented pursuant to subsection (c) of this section, or both; and
(B) such modification or flood protection
system will result in a substantial reduction
in the economic utility of such area based on
its present agricultural use.
(2) No project modification authorized in subsection (a) of this section which the Secretary of
the Army determines will cause an adverse effect pursuant to subsection (b) of this section
shall be made operational until the Secretary of
the Army has implemented measures to prevent
such adverse effect on the adjacent agricultural
area: Provided, That the Secretary of the Army
or the South Florida Water Management District may operate the modification to the extent
that the Secretary of the Army determines that
such operation will not adversely affect the adjacent agricultural area: Provided further, That
any preventive measure shall be implemented in
a manner that presents the least prospect of
harm to the natural resources of the park.
(3) Any flood protection system implemented
by the Secretary of the Army pursuant to this
subsection shall be required only to provide for
flood protection for present agricultural uses
within such adjacent agricultural area.
(4) The acquisition of land authorized in section 410r–6 of this title shall not be considered a
project modification.
(e) Periodic review
(1) Not later than 18 months after the completion of the project modifications authorized in
subsection (a) of this section, and periodically
thereafter, the Secretary of the Army shall review the determination of adverse effect for adjacent agricultural areas.
(2) In conducting such review, the Secretary of
the Army shall consult with all affected parties,
including, but not limited to, the Secretary, the
South Florida Water Management District and
agricultural users within adjacent agricultural
areas.
(3) If, on the basis of such review, the Secretary of the Army determines that an adjacent
agricultural area has been, or will be adversely
affected, the Secretary of the Army is authorized and directed, in accordance with the provi-

§ 410r–8

sions of subsection (d) of this section, to construct a flood protection system for such area:
Provided, That the provisions of subsection (d)(2)
of this section shall be applicable only to the extent that the Secretary, in consultation with
the Secretary of the Army, determines that the
park will not be adversely affected.
(4) The provisions of this subsection shall only
be applicable if the Secretary of the Army has
previously made a determination that such adjacent agricultural area will not be adversely affected.
(f) Current canal operating levels
Nothing in this section shall be construed to
require or prohibit the Secretary of the Army or
the South Florida Water Management District
from maintaining the water level within any
project canal below the maximum authorized
operating level as of December 13, 1989.
(g) No limitation on other claims
If the Secretary of the Army makes a determination of no adverse effect pursuant to subsection (b) of this section, such determination
shall not be considered as a limitation or prohibition against any available legal remedy which
may otherwise be available.
(h) Coordination
The Secretary and the Secretary of the Army
shall coordinate the construction program authorized under this section and the land acquisition program authorized in section 410r–6 of this
title in such a manner as will permit both to
proceed concurrently and as will avoid unreasonable interference with property interests
prior to the acquisition of such interests by the
Secretary under section 410r–6 of this title.
(i) West Dade Wellfield
No Federal license, permit, approval, right-ofway 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

§ 410r–9

TITLE 16—CONSERVATION

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
sections 410r–5 to 410r–8 of this title, the Secretary is authorized to use funds appropriated
pursuant to sections 410r–5 to 410r–8 of this title,
including any available funds appropriated to
the National Park Service for construction in
the Department of the Interior and Related
Agencies Appropriations Acts for fiscal years
1991 through 1994 for project modifications by
the Army Corps of Engineers, in such amounts
as determined by the Secretary, to provide Federal assistance to the State of Florida (including
political subdivisions of the State) for acquisition of lands described in paragraph (4).
(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 Eightand-One-Half Square-Mile Area.
(Pub. L. 101–229, title I, § 104, Dec. 13, 1989, 103
Stat. 1949; Pub. L. 103–219, Mar. 9, 1994, 108 Stat.
98; Pub. L. 103–437, § 6(d)(9), Nov. 2, 1994, 108 Stat.
4584.)
REFERENCES IN TEXT
Section 1302 of the 1984 Supplemental Appropriations
Act, referred to in subsec. (a)(2), is section 1302 of Pub.
L. 98–181, title I, Nov. 30, 1983, 97 Stat. 1292, which is not
classified to the Code.
The Department of the Interior and Related Agencies
Appropriations Acts for fiscal years 1991 through 1994,
referred to in subsec. (k)(1), are, respectively, Pub. L.
101–512, Nov. 5, 1990, 104 Stat. 1915, Pub. L. 102–154, Nov.
13, 1991, 105 Stat. 990, Pub. L. 102–381, Oct. 5, 1992, 106
Stat. 1374, and Pub. L. 103–138, Nov. 11, 1993, 107 Stat.
1379. For complete classification of these Acts to the
Code, see Tables.
AMENDMENTS
1994—Subsecs. (a)(2), (j). Pub. L. 103–437 substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
after ‘‘Senate and the Committee on’’.

Page 286

Subsec. (k). Pub. L. 103–219 added subsec. (k).
CHANGE OF NAME
Committee on Public Works and Transportation of
House of Representatives treated as referring to Committee on Transportation and Infrastructure of House
of Representatives by section 1(a) of Pub. L. 104–14, set
out as a note preceding section 21 of Title 2.

§ 410r–9. Boundary revision
(a) Inclusion of Tarpon Basin property
(1) Definitions
In this subsection:
(A) Hurricane Hole
The term ‘‘Hurricane Hole’’ means the natural salt-water body of water within the
Duesenbury Tracts of the eastern parcel of
the Tarpon Basin boundary adjustment and
accessed by Duesenbury Creek.
(B) Map
The term ‘‘map’’ means the map entitled
‘‘Proposed Tarpon Basin Boundary Revision’’, numbered 160/80,012, and dated May
2008.
(C) Secretary
The term ‘‘Secretary’’ means the Secretary of the Interior.
(D) Tarpon Basin property
The term ‘‘Tarpon Basin property’’ means
land that—
(i) is comprised of approximately 600
acres of land and water surrounding Hurricane Hole, as generally depicted on the
map; and
(ii) is located in South Key Largo.
(2) Boundary revision
(A) In general
The boundary of the Everglades National
Park is adjusted to include the Tarpon Basin
property.
(B) Acquisition authority
The Secretary may acquire from willing
sellers by donation, purchase with donated
or appropriated funds, or exchange, land,
water, or interests in land and water, within
the area depicted on the map, to be added to
Everglades National Park.
(C) Availability of map
The map shall be on file and available for
public inspection in the appropriate offices
of the National Park Service.
(D) Administration
Land added to Everglades National Park
by this section shall be administered as part
of Everglades National Park in accordance
with applicable laws (including regulations).
(3) Hurricane Hole
The Secretary may allow use of Hurricane
Hole by sailing vessels during emergencies,
subject to such terms and conditions as the
Secretary determines to be necessary.
(4) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this subsection.

Page 287

TITLE 16—CONSERVATION

(b) Land exchanges
(1) Definitions
In this subsection:
(A) Company
The term ‘‘Company’’ means Florida
Power & Light Company.
(B) Federal Land
The term ‘‘Federal Land’’ means the parcels of land that are—
(i) owned by the United States;
(ii) administered by the Secretary;
(iii) located within the National Park;
and
(iv) generally depicted on the map as—
(I) Tract A, which is adjacent to the
Tamiami Trail, U.S. Rt. 41; and
(II) Tract B, which is located on the
eastern boundary of the National Park.
(C) Map
The term ‘‘map’’ means the map prepared
by the National Park Service, entitled ‘‘Proposed Land Exchanges, Everglades National
Park’’, numbered 160/60411A, and dated September 2008.
(D) National Park
The term ‘‘National Park’’ means the Everglades National Park located in the State.
(E) Non-Federal land
The term ‘‘non-Federal land’’ means the
land in the State that—
(i) is owned by the State, the specific
area and location of which shall be determined by the State; or
(ii)(I) is owned by the Company;
(II) comprises approximately 320 acres;
and
(III) is located within the East Everglades Acquisition Area, as generally depicted on the map as ‘‘Tract D’’.
(F) Secretary
The term ‘‘Secretary’’ means the Secretary of the Interior.
(G) State
The term ‘‘State’’ means the State of Florida and political subdivisions of the State,
including the South Florida Water Management District.
(2) Land exchange with State
(A) In general
Subject to the provisions of this paragraph, if the State offers to convey to the
Secretary all right, title, and interest of the
State in and to specific parcels of non-Federal land, and the offer is acceptable to the
Secretary, the Secretary may, subject to
valid existing rights, accept the offer and
convey to the State all right, title, and interest of the United States in and to the
Federal land generally depicted on the map
as ‘‘Tract A’’.
(B) Conditions
The land exchange under subparagraph (A)
shall be subject to such terms and conditions
as the Secretary may require.

§ 410r–9

(C) Valuation
(i) In general
The values of the land involved in the
land exchange under subparagraph (A)
shall be equal.
(ii) Equalization
If the values of the land are not equal,
the values may be equalized by donation,
payment using donated or appropriated
funds, or the conveyance of additional parcels of land.
(D) Appraisals
Before the exchange of land under subparagraph (A), appraisals for the Federal and
non-Federal land shall be conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal
Practice.
(E) Technical corrections
Subject to the agreement of the State, the
Secretary may make minor corrections to
correct technical and clerical errors in the
legal descriptions of the Federal and nonFederal land and minor adjustments to the
boundaries of the Federal and non-Federal
land.
(F) Administration of land acquired by Secretary
Land acquired by the Secretary under subparagraph (A) shall—
(i) become part of the National Park;
and
(ii) be administered in accordance with
the laws applicable to the National Park
System.
(3) Land exchange with company
(A) In general
Subject to the provisions of this paragraph, if the Company offers to convey to
the Secretary all right, title, and interest of
the Company in and to the non-Federal land
generally depicted on the map as ‘‘Tract D’’,
and the offer is acceptable to the Secretary,
the Secretary may, subject to valid existing
rights, accept the offer and convey to the
Company all right, title, and interest of the
United States in and to the Federal land
generally depicted on the map as ‘‘Tract B’’,
along with a perpetual easement on a corridor of land contiguous to Tract B for the
purpose of vegetation management.
(B) Conditions
The land exchange under subparagraph (A)
shall be subject to such terms and conditions
as the Secretary may require.
(C) Valuation
(i) In general
The values of the land involved in the
land exchange under subparagraph (A)
shall be equal unless the non-Federal land
is of higher value than the Federal land.
(ii) Equalization
If the values of the land are not equal,
the values may be equalized by donation,

§ 410s

TITLE 16—CONSERVATION

payment using donated or appropriated
funds, or the conveyance of additional parcels of land.
(D) Appraisal
Before the exchange of land under subparagraph (A), appraisals for the Federal and
non-Federal land shall be conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal
Practice.
(E) Technical corrections
Subject to the agreement of the Company,
the Secretary may make minor corrections
to correct technical and clerical errors in
the legal descriptions of the Federal and
non-Federal land and minor adjustments to
the boundaries of the Federal and non-Federal land.
(F) Administration of land acquired by Secretary
Land acquired by the Secretary under subparagraph (A) shall—
(i) become part of the National Park;
and
(ii) be administered in accordance with
the laws applicable to the National Park
System.
(4) Map
The map shall be on file and available for
public inspection in the appropriate offices of
the National Park Service.
(5) Boundary revision
On completion of the land exchanges authorized by this subsection, the Secretary shall adjust the boundary of the National Park accordingly, including removing the land conveyed out of Federal ownership.
(Pub. L. 111–11, title VII, § 7107, Mar. 30, 2009, 123
Stat. 1193.)
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.

Page 288

(Pub. L. 86–321, § 1, Sept. 21, 1959, 73 Stat. 591;
Pub. L. 91–548, § 1, Dec. 14, 1970, 84 Stat. 1436;
Pub. L. 102–488, § 2[(1)], Oct. 24, 1992, 106 Stat.
3135.)
AMENDMENTS
1992—Subsec. (a). Pub. L. 102–488 substituted ‘‘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.’’ for ‘‘The park shall comprise not more than seven hundred and fifty acres as
may be designated by the Secretary of the Interior
from within the area beginning at Fiske Hill and
thence lying along Massachusetts Avenue, Marrett
Road and Marrett Street in the town of Lexington,
along Nelson Road, Virginia Road, Old Bedford Road,
and North Great Road or State Route 2–A in the town
of Lincoln, and along Lexington Road, Monument
Street, Liberty Street and Lowell Road in the town of
Concord to and including the North Bridge and properties on both sides of the Concord River in the vicinity
of the North Bridge.’’
Subsec. (b). Pub. L. 102–488 added subsec. (b) and
struck out former subsec. (b) which read as follows:
‘‘Notwithstanding the description set forth in subsection (a) of this section, if the Secretary should determine that the relocation of Highway 2 by the Commonwealth of Massachusetts makes it desirable to establish new boundaries in common with, contiguous or
adjacent to the proposed right-of-way for that highway,
he is authorized to relocate such boundaries accordingly, and shall give notice thereof by publication of a
map or other suitable description in the Federal Register: Provided, That any net acreage increase by reason
of the boundary revision and land exchanges with the
Commonwealth shall not be included in calculations of
acreage in regard to the limitation set forth in subsection (a) of this section, but shall be in addition
thereto.’’
Subsec. (c). Pub. L. 102–488 struck out subsec. (c)
which read as follows: ‘‘Any lands added to the Minute
Man National Historical Park, pursuant to subsection
(b) of this section may be acquired only if such acquisition can be accomplished without cost for land acquisition and, when so acquired, shall be subject to all laws,
rules, and regulations applicable thereto.’’
1970—Pub. L. 91–548 designated existing provisions as
subsec. (a) and added subsecs. (b) and (c).
SHORT TITLE OF 1992 AMENDMENT
Section 1 of Pub. L. 102–488 provided that: ‘‘This Act
[enacting sections 410x–1 and 410x–2 of this title and
amending this section and sections 410t and 410x of this
title] may be cited as the ‘Minute Man National Historical Park Amendments of 1991’.’’

§ 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 Sec-

Page 289

§ 410u

TITLE 16—CONSERVATION

retary 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.
(Pub. L. 86–321, § 2, Sept. 21, 1959, 73 Stat. 591;
Pub. L. 102–488, § 2(3)[(2)], Oct. 24, 1992, 106 Stat.
3135.)
REFERENCES IN TEXT
The Minute Man National Historical Park Amendments of 1991, referred to in subsec. (c), is Pub. L.
102–488, Oct. 24, 1992, 106 Stat. 3135, which enacted sections 410x–1 and 410x–2 of this title, amended this section and sections 410s and 410x of this title, and enacted
provisions set out as a note under section 410s of this
title. For complete classification of this Act to the
Code, see Short Title of 1992 Amendment note set out
under section 410s of this title and Tables.
AMENDMENTS
1992—Pub. L. 102–488 designated existing provisions as
subsec. (a) and added subsecs. (b) to (d).
BOUNDARY ADJUSTMENT
Pub. L. 111–11, title VII, § 7106, Mar. 30, 2009, 123 Stat.
1193, provided that:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) MAP.—The term ‘map’ means the map entitled
‘Minute Man National Historical Park Proposed
Boundary’, numbered 406/81001, and dated July 2007.
‘‘(2) PARK.—The term ‘Park’ means the Minute Man
National Historical Park in the State of Massachusetts.
‘‘(3) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘(b) MINUTE MAN NATIONAL HISTORICAL PARK.—
‘‘(1) BOUNDARY ADJUSTMENT.—
‘‘(A) IN GENERAL.—The boundary of the Park is
modified to include the area generally depicted on
the map.
‘‘(B) AVAILABILITY OF MAP.—The map shall be on
file and available for inspection in the appropriate
offices of the National Park Service.
‘‘(2) ACQUISITION OF LAND.—The Secretary may acquire the land or an interest in the land described in
paragraph (1)(A) by—
‘‘(A) purchase from willing sellers with donated
or appropriated funds;
‘‘(B) donation; or
‘‘(C) exchange.
‘‘(3) ADMINISTRATION OF LAND.—The Secretary shall
administer the land added to the Park under paragraph (1)(A) in accordance with applicable laws (including regulations).
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary to carry out this section.’’

§ 410u. Preservation of historic sites
To provide further for the preservation and interpretation of historic sites, structures, and

§ 410v

TITLE 16—CONSERVATION

properties lying along the entire route or routes
where significant events occurred on the 18th
and 19th of April 1775, in the cities of Boston,
Cambridge, Medford, and Somerville, and the
towns of Arlington, Brookline, Concord, Lexington, and Lincoln, including the area generally
described in section 410s of this title as lying between Fiske Hill and the North Bridge, the Secretary of the Interior is authorized, in accordance with the purposes of this subchapter, to
enter into cooperative agreements with the
Commonwealth of Massachusetts, political subdivisions thereof, corporations, associations, or
individuals, and to erect and maintain tablets or
markers, in accordance with provisions contained in sections 461 to 467 of this title.
(Pub. L. 86–321, § 3, Sept. 21, 1959, 73 Stat. 591.)
§ 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.
(Pub. L. 86–321, § 4, Sept. 21, 1959, 73 Stat. 591.)
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 Pub. L.
92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 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 sections 1, 2, 3,
and 4 of this title, as amended and supplemented, and sections 461 to 467 of this title.
(Pub. L. 86–321, § 5, Sept. 21, 1959, 73 Stat. 592.)
§ 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.

Page 290

(Pub. L. 86–321, § 6, Sept. 21, 1959, 73 Stat. 592;
Pub. L. 91–548, § 2, Dec. 14, 1970, 84 Stat. 1437;
Pub. L. 102–488, § 2(4)[(3)], Oct. 24, 1992, 106 Stat.
3136.)
AMENDMENTS
1992—Pub. L. 102–488 inserted at end ‘‘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.’’
1970—Pub. L. 91–548 substituted ‘‘$13,900,000’’ for
‘‘$8,000,000’’ and ‘‘$10,900,000’’ for ‘‘$5,000,000’’.

§ 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.
(Pub. L. 86–321, § 7, as added Pub. L. 102–488,
§ 2(5)[(4)], Oct. 24, 1992, 106 Stat. 3136.)
§ 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.
(Pub. L. 86–321, § 8, as added Pub. L. 102–488,
§ 2(5)[(4)], Oct. 24, 1992, 106 Stat. 3137.)
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.

Page 291

§ 410y–1a

TITLE 16—CONSERVATION

(c) ‘‘Secretary’’ means the Secretary of the Interior.
(d) ‘‘State’’ means any State, and includes the
District of Columbia.
(e) ‘‘Local government’’ means any political
subdivision of a State, including a county, municipality, city, town, township, or a school or
other special district created pursuant to State
law.
(f) ‘‘Person’’ means any individual, partnership, corporation, private nonprofit organization, or club.
(g) ‘‘Landowner’’ means any person, local government, or State owning, or on reasonable
grounds professing to own, lands or interests in
lands adjacent to or in the vicinity of the park.
(Pub. L. 91–664, § 2, Jan. 8, 1971, 84 Stat. 1978.)
SHORT TITLE
Section 1 of Pub. L. 91–664, Jan. 8, 1971, 84 Stat. 1978,
provided: ‘‘That this Act [enacting this subchapter]
shall be known as the ‘Chesapeake and Ohio Canal Development Act’.’’
DEDICATION TO JUSTICE WILLIAM O. DOUGLAS
Pub. L. 95–11, Mar. 15, 1977, 91 Stat. 21, provided:
‘‘That the canal and towpath of the Chesapeake and
Ohio Canal National Historical Park are hereby dedicated to Justice William O. Douglas in grateful recognition of his long outstanding service as a prominent
American conservationist and for his efforts to preserve and protect the canal and towpath from development.
‘‘SEC. 2. In order to carry out the provisions of this
Act, the Secretary of the Interior is authorized and directed to provide such identification by signs, including, but not limited to changes in existing signs, materials, maps, markers, interpretive programs or other
means as will appropriately inform the public of the
contributions of Justice William O. Douglas.
‘‘SEC. 3. The Secretary of the Interior is further authorized and directed to cause to be erected and maintained, within the exterior boundaries of the Chesapeake and Ohio Canal National Historical Park, an appropriate memorial to Justice William O. Douglas.
Such memorial shall be of such design and be located
at such place within the park as the Secretary shall determine.
‘‘SEC. 4. There are authorized to be appropriated such
sums as may be necessary to carry out the provisions
of this Act.’’

§ 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.
(Pub. L. 91–664, § 3, Jan. 8, 1971, 84 Stat. 1978; Pub.
L. 103–437, § 6(g), Nov. 2, 1994, 108 Stat. 4585.)
AMENDMENTS
1994—Subsec. (a)(3). Pub. L. 103–437 substituted ‘‘Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House
of Representatives’’ for ‘‘Committees on Interior and
Insular Affairs of the United States House of Representatives and Senate’’.

§ 410y–1a. Boundary revision
The boundaries of the park are revised to include approximately 600 additional acres.
(Pub. L. 95–625, title III, § 320, Nov. 10, 1978, 92
Stat. 3488; Pub. L. 96–199, title I, § 101(c), Mar. 5,
1980, 94 Stat. 68.)
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—Pub. L. 96–199 struck out proviso that additions
to the park as authorized by this section shall not in-

§ 410y–2

TITLE 16—CONSERVATION

clude any properties located between 30th Street and
Thomas Jefferson Street in the northwest section of
the District of Columbia.

§ 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.
(Pub. L. 91–664, § 4, Jan. 8, 1971, 84 Stat. 1979.)
§ 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.
(Pub. L. 91–664, § 5, Jan. 8, 1971, 84 Stat. 1979.)
§ 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

Page 292

State of West Virginia, the Governor of the
Commonwealth of Virginia, and the Mayor of
the District of Columbia, of which two members shall be appointed from recommendations
submitted by each such Governor or Mayor, 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 40 years
from January 8, 1971.
(Pub. L. 91–664, § 6, Jan. 8, 1971, 84 Stat. 1980; Pub.
L. 93–198, title IV, § 421, Dec. 24, 1973, 87 Stat. 789;
Pub. L. 96–555, Dec. 19, 1980, 94 Stat. 3260; Pub. L.
101–320, July 3, 1990, 104 Stat. 292; Pub. L. 106–554,
§ 1(a)(4) [div. B, title I, § 134], Dec. 21, 2000, 114
Stat. 2763, 2763A–230.)
AMENDMENTS
2000—Subsec. (g). Pub. L. 106–554 substituted ‘‘40’’ for
‘‘thirty’’.
1990—Subsec. (c). Pub. L. 101–320, § 1(a), inserted at
end ‘‘A member may serve after the expiration of his
term until his successor has taken office.’’
Subsec. (g). Pub. L. 101–320, § 1(b), substituted ‘‘thirty’’ for ‘‘twenty’’.
1980—Subsec. (g). Pub. L. 96–555 substituted ‘‘twenty’’
for ‘‘ten’’.
TRANSFER OF FUNCTIONS
Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of
noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec.
24, 1973, 87 Stat. 818, and replaced by office of Mayor of
District of Columbia by section 421 of Pub. L. 93–198.
Accordingly, ‘‘Mayor’’ substituted in subsec. (b)(2) for
‘‘Commissioner’’ in two places.

§ 410y–5. Administration
The Chesapeake and Ohio Canal National Historical Park shall be administered by the Secretary of the Interior in accordance with sections 1, 2, 3, and 4 of this title, as amended and
supplemented.

Page 293

TITLE 16—CONSERVATION

(Pub. L. 91–664, § 7, Jan. 8, 1971, 84 Stat. 1980.)
§ 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.
(Pub. L. 91–664, § 8, Jan. 8, 1971, 84 Stat. 1980; Pub.
L. 95–625, title III, § 320, Nov. 10, 1978, 92 Stat.
3488.)
AMENDMENTS
1978—Subsec. (b). Pub.
‘‘$28,400,000’’ for ‘‘$20,400,000’’.

L.

95–625

substituted

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 de-

§ 410z

termines that a binding, written cooperative
agreement, assuring the preservation and historical integrity of such properties remains in
force and effect. Lands owned by the Commonwealth of Massachusetts, or any of its political
subdivisions, may be acquired only by donation.
(c) Publication of notice
At such time as the Secretary determines that
sufficient lands, improvements, and interests
therein have been acquired or that cooperative
agreements satisfying the preservation and historical objective of this subchapter have been
executed, he may establish the Boston National
Historical Park by publication of notice to that
effect in the Federal Register, together with a
detailed description or map setting forth the
properties included therein.
(d) Charlestown Navy Yard
As used in this section, the Charlestown Navy
Yard shall include the United States Ship Constitution and the lands generally depicted on
the map entitled ‘‘Boundary Map: Charlestown
Naval Shipyard—U.S.S. Constitution, Boston
National Historical Park’’, numbered BONA
20,000 and dated March 1974 which shall be on file
and available in the offices of the Director of the
National Park Service, Department of the Interior, Washington, D.C. As used in this section,
the Charlestown Navy Yard shall also include
the properties known as the Ropewalk and Tar
House and the Chain Forge and Round House,
designated on such map as buildings numbered
58, 60, and 105. All right, title, and interest in
the Federal properties and improvements included therein shall be transferred to the Secretary of the Interior: Provided, That he may, by
written agreement with the Secretary of the
Navy, permit the continued use of any such
buildings and facilities as the Secretary of the
Interior determines to be necessary for the preservation and maintenance of the Constitution,
which agreement shall provide that the Department of the Navy shall transfer to the Department of the Interior funds sufficient to cover
the costs attributable to the functions and services which are provided by the Department of
the Interior. The Secretary shall consult with
representatives of the city of Boston and the
Commonwealth of Massachusetts concerning the
development of suitable transportation plans
consistent with the purposes for which the Navy
Yard was included in the historical park and the
Secretary is authorized to grant, in accordance
with such terms and conditions as he deems necessary and consistent with the purposes of this
subchapter, easements and rights-of-way to the
Commonwealth of Massachusetts or any political subdivision thereof including the Boston Redevelopment Authority for purposes of the vehicular, pedestrian and utility access to that
portion of the Boston Navy Yard outside the
boundaries of the Park. Such grants of easements and rights-of-way shall be upon the express condition that the grantee convey to the
United States the property known as Building
No. 107, being a part of the Boston Navy Yard
and owned by the Boston Redevelopment Authority.
(Pub. L. 93–431, § 2, Oct. 1, 1974, 88 Stat. 1184; Pub.
L. 95–625, title III, § 310(a), (d), Nov. 10, 1978, 92

§ 410z–1

TITLE 16—CONSERVATION

Stat. 3478; Pub. L. 96–344, § 5, Sept. 8, 1980, 94
Stat. 1134.)
AMENDMENTS
1980—Subsec. (d). Pub. L. 96–344 inserted provision including within the Charlestown Navy Yard properties
known as the Ropewalk and Tar House and the Chain
Forge and Round House, designated as buildings numbered 58, 60, and 105.
1978—Subsec. (a)(8). Pub. L. 95–625, § 310(a), added par.
(8).
Subsec. (d). Pub. L. 95–625, § 310(d), authorized grant of
easements and rights-of-way for vehicular, pedestrian
and utility access to the Boston Navy Yard outside the
boundaries of the Boston National Historical Park
upon express condition that the grantee convey to the
United States the part of the Boston Navy Yard owned
by the Boston Redevelopment Authority.
SHORT TITLE
Section 1 of Pub. L. 93–431, Oct. 1, 1974, 88 Stat. 1184,
provided: ‘‘That this Act [enacting this subchapter]
may be cited as the ‘Boston National Historical Park
Act of 1974’.’’
AUTHORIZATION OF APPROPRIATIONS
Section 310(c) of Pub. L. 95–625 provided that: ‘‘There
are authorized to be appropriated such sums as may be
necessary for the acquisition of lands or interests in
lands designated by subsection (a) of this section [enacting subsec. (a)(8) of this section] as a component of
the Boston National Historical Park, and for the development of such component.’’

§ 410z–1. Acquisition of additional sites
(a) Studies
In addition to the properties described in section 410z of this title, the Secretary shall study
the properties described in this section to determine the feasibility and suitability of including
them within the Boston National Historical
Park. In making such studies, he may enter into
tentative agreements with any owners thereof
for their inclusion in said park and he may enter
into options, for a nominal consideration, for
the purchase of such properties, but no additional properties may be added to the park except by an act of the Congress. Studies shall be
made of the following properties:
(1) Boston Common;
(2) Dillaway-Thomas House;
(3) Thomas Crease House (old Corner Book
Store); and
(4) the following burying grounds: King’s
Chapel, Granary, and Copp’s Hill.
(b) Cooperative agreements authorized
(1) In furtherance of the general purposes of
this subchapter as prescribed in section 410z of
this title, the Secretary is authorized to enter
into cooperative agreements with the city of
Boston, the Commonwealth of Massachusetts, or
any private organization to mark, interpret, restore, and/or provide technical assistance for the
preservation and interpretation of any properties listed in section 410z of this title, or portions thereof, which, in his opinion, would best
be preserved in private, municipal, or State
ownership, in connection with the Boston National Historical Park. Such agreements shall
contain, but shall not be limited to, provisions
that the Secretary, through the National Park
Service, shall have right of access at all reason-

Page 294

able times to all public portions of the property
covered by such agreement for the purpose of
conducting visitors through such properties and
interpreting them to the public, that no changes
or alterations shall be made in such properties
except by mutual agreement between the Secretary and the other parties to such agreements,
except that no limitation or control of any kind
over the use of any such properties customarily
used for church purposes shall be imposed by
any agreement. The agreements may contain
specific provisions which outline in detail the
extent of the participation by the Secretary in
the restoration, preservation, and maintenance
of such historic properties.
(2) The Secretary of the Interior is authorized
to enter into a cooperative agreement with the
Boston Public Library to provide for the distribution of informational and interpretive materials relating to the park and to the Freedom
Trail.
(c) Identification and marking of significant historical sites
The Secretary may identify other significant
sites of the colonial and Revolutionary periods
of American history in the city of Boston, Massachusetts, and its environs, which are related
to the historical park created by this subchapter, and, with the consent of the owner or
owners thereof, may mark them appropriately
and make reference to them in any interpretive
literature.
(Pub. L. 93–431, § 3, Oct. 1, 1974, 88 Stat. 1185; Pub.
L. 95–625, title III, § 310(b), Nov. 10, 1978, 92 Stat.
3478; Pub. L. 104–333, div. I, title V, § 504, Nov. 12,
1996, 110 Stat. 4155.)
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–333 designated existing
provisions as par. (1) and added par. (2).
1978—Subsec. (a)(4), (5). Pub. L. 95–625 struck out par.
‘‘(4) Dorchester Heights; and’’ and redesignated par. (5)
as (4).

§ 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 section 410z–1
of this title, to be appointed from recommendations submitted by each such owner.
(b) Termination of Commission
The Commission shall terminate ten years
from the date of establishment of the Boston
National Historical Park.
(c) Vacancies; chairman
A vacancy in the Commission shall not affect
its powers, but shall be filled in the same man-

Page 295

TITLE 16—CONSERVATION

ner as the original appointment (and for the balance of the unexpired term). The Chairman of
the Commission shall be designated by the Secretary.
(d) Majority rule
The Commission shall act and advise by affirmative vote of a majority of its members.
(e) Consultation between Secretary and Commission
The Secretary or his designee shall from time
to time, but at least semiannually, consult with
the Commission with respect to matters relating to the development of the Boston National
Historical Park.
(f) Compensation; payment of expenses
Members of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under this subchapter upon presentation of vouchers signed by the Chairman.
(Pub. L. 93–431, § 4, Oct. 1, 1974, 88 Stat. 1185.)
§ 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.
(Pub. L. 93–431, § 5, Oct. 1, 1974, 88 Stat. 1186.)
§ 410z–4. Administration
When established as provided in section 410z of
this title, the Boston National Historical Park
shall be administered by the Secretary in accordance with the provisions of this subchapter,
sections 1, 2, 3, and 4 of this title, as amended
and supplemented, and sections 461 to 467 of this
title.
(Pub. L. 93–431, § 6, Oct. 1, 1974, 88 Stat. 1186.)
§ 410z–5. Authorization of appropriations
For the acquisition of lands or interests in
lands designated by section 410z of this title, as
components of the Boston National Historical
Park, there is authorized to be appropriated not
to exceed $2,740,000. For development of the components designated as paragraphs 1 through 6 in
section 410z of this title, there is authorized to
be appropriated not more than $12,818,000. For
the development of the component designated as
paragraph 7 in section 410z of this title, there is
authorized to be appropriated not more than
$11,500,000.
(Pub. L. 93–431, § 7, Oct. 1, 1974, 88 Stat. 1186.)
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

§ 410aa

with the heroic suffering, hardship, and determination and resolve of General George Washington’s Continental Army during the winter of
1777–1778 at Valley Forge, the Secretary of the
Interior (hereinafter referred to as the ‘‘Secretary’’) is authorized to establish the Valley
Forge National Historical Park (hereinafter referred to as the ‘‘park’’), in the Commonwealth
of Pennsylvania.
(Pub. L. 94–337, § 1, July 4, 1976, 90 Stat. 796.)
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106–86, § 1, Oct. 31, 1999, 113 Stat. 1298, provided
that: ‘‘This Act [enacting provisions set out as a note
under this section] may be cited as the ‘Pennsylvania
Battlefields Protection Act of 1999’.’’
VALLEY FORGE NATIONAL HISTORICAL PARK
Pub. L. 106–86, title II, Oct. 31, 1999, 113 Stat. 1299, provided that:
‘‘SEC. 201. PURPOSE.
‘‘The purpose of this title is to authorize the Secretary of the Interior to enter into an agreement with
the Valley Forge Historical Society (hereinafter referred to as the ‘Society’), to construct and operate a
museum within the boundary of Valley Forge National
Historical Park in cooperation with the Secretary.
‘‘SEC. 202. VALLEY FORGE MUSEUM OF THE AMERICAN REVOLUTION AUTHORIZATION.
‘‘(a) AGREEMENT AUTHORIZED.—The Secretary of the
Interior, in administering the Valley Forge National
Historical Park, is authorized to enter into an agreement under appropriate terms and conditions with the
Society to facilitate the planning, construction, and
operation of the Valley Forge Museum of the American
Revolution on Federal land within the boundary of Valley Forge National Historical Park.
‘‘(b) CONTENTS AND IMPLEMENTATION OF AGREEMENT.—
An agreement entered into under subsection (a) shall—
‘‘(1) authorize the Society to develop and operate
the museum pursuant to plans developed by the Secretary and to provide at the museum appropriate and
necessary programs and services to visitors to Valley
Forge National Historical Park related to the story
of Valley Forge and the American Revolution;
‘‘(2) only be carried out in a manner consistent with
the General Management Plan and other plans for the
preservation and interpretation of the resources and
values of Valley Forge National Historical Park;
‘‘(3) authorize the Secretary to undertake at the
museum activities related to the management of Valley Forge National Historical Park, including, but
not limited to, provision of appropriate visitor information and interpretive facilities and programs related to Valley Forge National Historical Park;
‘‘(4) authorize the Society, acting as a private nonprofit organization, to engage in activities appropriate for operation of the museum that may include,
but are not limited to, charging appropriate fees, conducting events, and selling merchandise, tickets, and
food to visitors to the museum;
‘‘(5) provide that the Society’s revenues from the
museum’s facilities and services shall be used to offset the expenses of the museum’s operation; and
‘‘(6) authorize the Society to occupy the museum so
constructed for the term specified in the Agreement
and subject to the following terms and conditions:
‘‘(A) The conveyance by the Society to the United
States of all right, title, and interest in the museum to be constructed at Valley Forge National
Historical Park.
‘‘(B) The Society’s right to occupy and use the
museum shall be for the exhibition, preservation,
and interpretation of artifacts associated with the
Valley Forge story and the American Revolution,
to enhance the visitor experience of Valley Forge

§ 410aa–1

TITLE 16—CONSERVATION

National Historical Park, and to conduct appropriately related activities of the Society consistent
with its mission and with the purposes for which
the Valley Forge National Historical Park was established. Such right shall not be transferred or
conveyed without the express consent of the Secretary.
‘‘(C) Any other terms and conditions the Secretary determines to be necessary.
‘‘SEC. 203. PRESERVATION AND PROTECTION.
‘‘Nothing in this title authorizes the Secretary or the
Society to take any actions in derogation of the preservation and protection of the values and resources of
Valley Forge National Historical Park. An agreement
entered into under section 202 shall be construed and
implemented in light of the high public value and integrity of the Valley Forge National Historical Park
and the National Park System.’’

§ 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

Page 296

upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of this subchapter, and
upon tender to the holder of the right of an
amount equal to the fair market value of that
portion of the right which remains unexpired on
the date of termination.
(e) ‘‘Improved property’’ defined
The term ‘‘improved property’’, as used in this
section shall mean a detached, noncommercial
residential dwelling, the construction of which
was begun before January 1, 1975 (hereafter referred to as ‘‘dwelling’’), together with so much
of the land on which the dwelling is situated,
the said land being in the same ownership as the
dwelling, as the Secretary shall designate to be
reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial
residential use, together with any structures accessory to the dwelling which are situated on
the land so designated.
(Pub. L. 94–337, § 2, July 4, 1976, 90 Stat. 796; Pub.
L. 96–287, title III, § 301(1), June 28, 1980, 94 Stat.
601; Pub. L. 103–437, § 6(a)(3), Nov. 2, 1994, 108
Stat. 4583.)
AMENDMENTS
1994—Subsec. (a). Pub. L. 103–437 substituted ‘‘Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House
of Representatives’’ for ‘‘Committees on Interior and
Insular Affairs of the United States Congress’’.
1980—Subsec. (a). Pub. L. 96–287 substituted reference
to park area as depicted on map ‘‘dated June 1979, and
numbered VF–91,001’’ for prior depiction on map ‘‘dated
February 1976, and numbered VF–91,000’’.

§ 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 sections 1, 2, 3, and 4 of this
title, as amended and supplemented, and sections 461 to 467 of this title. In furtherance of
the purposes of this subchapter, the Secretary is
authorized to provide technical assistance to
public and private nonprofit entities in qualifying for appropriate historical designation and
for such grants, other financial assistance, and
other forms of aid as are available under Federal, State, or local law for the protection, rehabilitation, or preservation of properties in the
vicinity of the park which are historically related to the purposes of the park.
1 So

in original. Probably should be ‘‘administrable’’.

Page 297

TITLE 16—CONSERVATION

(Pub. L. 94–337, § 3, July 4, 1976, 90 Stat. 797; Pub.
L. 96–287, title III, § 301(2), June 28, 1980, 94 Stat.
601.)
AMENDMENTS
1980—Pub. L. 96–287 authorized technical assistance to
nonprofit entities in qualifying for appropriate historical designation and for any aid for protection, rehabilitation, or preservation of properties in the vicinity of
the park which are historically related to the purposes
of the park.

§ 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.
(Pub. L. 94–337, § 4, July 4, 1976, 90 Stat. 797; Pub.
L. 96–287, title III, § 301(3), June 28, 1980, 94 Stat.
601; Pub. L. 103–437, § 6(a)(3), Nov. 2, 1994, 108
Stat. 4583.)
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–437 in introductory provisions substituted ‘‘Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives’’ for ‘‘Committees on Interior and Insular Affairs of the United
States Congress’’.
1980—Subsec. (a). Pub. L. 96–287 substituted
‘‘$13,895,000’’ for ‘‘$8,622,000’’.
AUTHORIZATIONS EFFECTIVE OCTOBER 1, 1980
Authorizations of moneys appropriated under Pub. L.
96–287 effective Oct. 1, 1980, see section 401 of Pub. L.
96–287, set out as a note under section 410gg–5 of this
title.

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 Histor-

§ 410bb

ical 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 (72 Stat. 339, 342), commonly known as the
Alaska Statehood Act, the State may include
the minerals in any such transaction. Lands
under the jurisdiction of any Federal agency
may, with the concurrence of such agency, be
transferred without consideration to the Secretary for the purposes of the park.
(2) The Secretary is authorized to acquire outside the boundaries of the park, by any of the
above methods, not to exceed fifteen acres of
land or interests therein located in, or in the vicinity of, the city of Skagway, Alaska, for an
administrative site; and to acquire by any of the
above methods, up to ten historic structures or
interests in such structures located in the city
of Skagway but outside the Skagway unit for relocation within such unit as the Secretary
deems essential for adequate preservation and
interpretation of the park.
(c) Easements; rights-of-way; permits
All lands acquired pursuant to this subchapter
shall be taken by the Secretary subject to all
valid existing rights granted by the United
States for railroad, telephone, telegraph, and
pipeline purposes. The Secretary is authorized

§ 410bb–1

TITLE 16—CONSERVATION

to grant rights-of-way, easements, permits, and
other benefits in, through and upon all lands acquired for the White Pass Trail unit for pipeline
purposes, pursuant to the Acts of February 25,
1920 (41 Stat. 449), August 21, 1935 (49 Stat. 678),
and August 12, 1953 (67 Stat. 557), and for railroad purposes pursuant to the Act of May 14,
1898 (30 Stat. 409): Provided, That significant adverse impacts to park resources will not result.
(d) Right-of-way for Alaskan highway across
Chilkoot Trail
The Secretary is authorized to grant to the
State of Alaska a highway right-of-way across
lands in the Chilkoot Trail unit, in the area of
Dyea, for the purpose of linking the communities of Haines and Skagway by road if he finds
that (1) there is no feasible and prudent alternative to the use of such lands, (2) the road proposal includes all possible planning to minimize
harm to the park resulting from such road use,
and (3) to grant such right-of-way will not have
significant adverse effects on the historical and
archeological resources of the park and its administration, protection, and management in
accordance with the purposes of this subchapter.
(Pub. L. 94–323, § 1, June 30, 1976, 90 Stat. 717;
Pub. L. 96–487, title XIII, § 1309, Dec. 2, 1980, 94
Stat. 2481; Pub. L. 103–437, § 6(h)(1), Nov. 2, 1994,
108 Stat. 4585.)
REFERENCES IN TEXT
Subsection 6(i) of the act of July 7, 1958, commonly
known as the Alaska Statehood Act, referred to in subsec. (b)(1), probably means subsection (i) of section 6 of
Pub. L. 85–508, July 7, 1958, 72 Stat. 339, as amended,
which is set out as a note preceding section 21 of Title
48, Territories and Insular Possessions.
That portion of the act of February 25, 1920, which is
set out at 41 Stat. 449, as referred to in subsec. (c), is
classified to sections 185 to 187 of Title 30, Mineral
Lands and Mining. For complete classification of the
Act to the Code, see Tables.
That portion of the act of August 21, 1935, which is set
out at 49 Stat. 678, as referred to in subsec. (c), is classified to section 185 of Title 30. For complete classification of the Act to the Code, see Tables.
That portion of the act of August 12, 1953, which is set
out at 67 Stat. 557, as referred to in subsec. (c), is classified to section 185 of Title 30.
The act of May 14, 1898, referred to in subsec. (c), is
act May 14, 1898, ch. 299, 30 Stat. 409, popularly known
as the Alaska Right of Way Act, which is classified
principally to sections 942–1 to 942–9 of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Tables.
AMENDMENTS
1994—Subsec. (a). Pub. L. 103–437 substituted ‘‘Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House
of Representatives’’ for ‘‘Committees on Interior and
Insular Affairs of the Congress of the United States’’.
1980—Subsec. (b)(1). Pub. L. 96–487 inserted ‘‘or exchange and notwithstanding the provisions of subsection 6(i) of the Act of July 7, 1958, (72 Stat. 339, 342),
commonly known as the Alaska Statehood Act, the
State may include the minerals in any such transaction’’ after ‘‘only by donation’’.

§ 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

Page 298

Register at such time as he deems sufficient
lands, waters, and interests therein have been
acquired for administration in accordance with
the purposes of this subchapter. Pending such
establishment and thereafter, the Secretary
shall administer lands, waters, and interests
therein acquired for the park in accordance with
the provisions of sections 1, 2, 3, and 4 of this
title, as amended and supplemented, and sections 461 to 467 of this title, as amended.
(b) Cooperation with Federal agencies, State and
local public bodies, and private interests for
development and use of lands
The Secretary is authorized to cooperate and
enter into agreements with other Federal agencies, State and local public bodies, and private
interests, relating to planning, development,
use, acquisition, or disposal (including as provided in section 460l–22 of this title) of lands,
structures, and waters in or adjacent to the park
or otherwise affecting the administration, use,
and enjoyment thereof, in order to contribute to
the development and management of such lands
in a manner compatible with the purposes of the
park. Such agreements, acquisitions, dispositions, development, or use and land-use plans
shall provide for the preservation of historical
sites and scenic areas, recreation, and visitor
enjoyment to the fullest extent practicable.
(c) Restoration of property without regard of
United States title thereto
Notwithstanding any other provision of law,
the Secretary may restore and rehabilitate
property within the park pursuant to cooperative agreements without regard as to whether
title thereto is in the United States.
(Pub. L. 94–323, § 2, June 30, 1976, 90 Stat. 718.)
§ 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 des-

Page 299

TITLE 16—CONSERVATION

ignated as the ‘‘Klondike Gold Rush National
Historical Park’’.
(Pub. L. 94–323, § 3, June 30, 1976, 90 Stat. 718.)
PROC. NO. 7114. DESIGNATING KLONDIKE GOLD RUSH
INTERNATIONAL HISTORICAL PARK
Proc. No. 7114, Aug. 5, 1998, 63 F.R. 42563, provided:
A century ago, the Klondike Gold Rush began a migration that forever changed Alaska and the Yukon
Territory. More than 100,000 people headed north during
1897 and 1898, catapulting a little-known region from
obscurity to the center of the world stage. While the
Klondike was not the first or largest western gold rush,
coming nearly 50 years after the 1848 gold discovery at
Sutter’s Mill, California, it is remembered for the sheer
drama by which it was announced to the world and for
its century-long influence on Alaska and the upper
Yukon River basin.
The United States and Canada have been engaged for
30 years in joint planning and cooperation to commemorate the Klondike Gold Rush and preserve historic structures and trails on both sides of the international boundary. In 1976, the Government of the
United States established Klondike Gold Rush National
Historical Park, consisting of a Seattle unit, a Skagway unit, a Chilkoot Pass unit, and a White Pass unit,
to preserve the historic structures and trails. The Government of Canada has recognized the national significance of the Chilkoot Trail and Dawson Historical
Complex by designating them as National Historic
Sites. It has also designated a section of the Yukon
River as a Canadian Heritage River and taken other
steps to commemorate the rich history of this region.
It is the desire of the United States to join our Canadian neighbors in celebrating our shared history on the
occasion of the centennial of the Klondike Gold Rush
and to reaffirm the commitment of the United States
to continuing the joint efforts of both nations to preserve our shared Klondike history.
In 1996, Canadian Prime Minister Jean Chretien proclaimed that, ‘‘the governments of Canada and the
United States and of Yukon and Alaska in a longstanding spirit of cooperation have agreed to establish
the Klondike Gold Rush International Historic Park,
incorporating the resources of the Chilkoot Trail National Historic Site in British Columbia and the Klondike Gold Rush National Historical Park in
Alaska . . .’’
Section 3(a) of U.S. Public Law 94–323 [16 U.S.C.
410bb–2(a)] states, ‘‘At such time . . . 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 a
part of an international historical park to be known as
Klondike Gold Rush International Historical Park.’’
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the
authority vested in me by section 3(a) of Public Law
94–323 [16 U.S.C. 410bb–2(a)] of June 30, 1976, do proclaim
that Klondike Gold Rush National Historical Park is
designated and included as part of an international historical park to be known as Klondike Gold Rush International Historical Park.
IN WITNESS WHEREOF, I have hereunto set my
hand this fifth day of August, in the year of our Lord
nineteen hundred and ninety-eight, and of the Independence of the United States of America the two hundred and twenty-third.
WILLIAM J. CLINTON.

§ 410bb–3. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry

§ 410cc–1

out the purposes of this subchapter, but not
more than $2,655,000 for the acquisition of lands
and interests in lands, and not more than
$5,885,000 for development.
(Pub. L. 94–323, § 4, June 30, 1976, 90 Stat. 719.)
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.
(Pub. L. 95–290, § 1, June 5, 1978, 92 Stat. 290.)
§ 410cc–1. Definitions
For purposes of this subchapter—
(1) the term ‘‘park’’ means the Lowell National Historical Park, established by section
410cc–11(a)(1) of this title;
(2) the term ‘‘preservation district’’ means
the Lowell Historic Preservation District, established by section 410cc–11(a)(1) of this title;
(3) the term ‘‘Commission’’ means the Lowell Historic Preservation Commission established by section 410cc–31(a) of this title;
(4) the term ‘‘Secretary’’ means the Secretary of the Interior; and
(5) the term ‘‘report of the Lowell Historic
Canal District Commission’’ means the report
submitted to the Congress by the Lowell Historic Canal District Commission pursuant to

§ 410cc–11

TITLE 16—CONSERVATION

an Act entitled ‘‘An Act to provide for a plan
for the preservation, interpretation development and use of the historic, cultural, and architectural resources of the Lowell Historic
Canal District in Lowell, Massachusetts, and
for other purposes’’, approved January 4, 1975
(88 Stat. 2330).
(Pub. L. 95–290, § 2, June 5, 1978, 92 Stat. 290.)
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 (88 Stat. 2330), referred to in par. (5), is Pub. L.
93–645, Jan. 4, 1975, 88 Stat. 2330, which is set out as a
note under section 461 of this title.

§ 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.
(3) The boundaries of the park are modified to
include five parcels of land identified on the
map entitled ‘‘Boundary Adjustment, Lowell
National Historical Park,’’ numbered 475/81,424B
and dated September 2004, and as delineated in
section 410cc–22(a)(2)(G) of this title.
(b) Boundary revisions; publication
The Secretary may make minor revisions of
the park and preservation district boundaries
established under subsection (a)(1) of this section, after consulting with the Commission and
the city manager of Lowell, by publication of a
revised drawing or other boundary description
in the Federal Register; but no waters, lands, or
other property outside of the park or preservation district boundaries established under such
subsection may be added to the park or preservation district without the consent of the city
manager of Lowell and the city council of Lowell. A boundary revision made under this subsection shall be effective only after timely notice in writing is given to the Congress.
(Pub. L. 95–290, title I, § 101, June 5, 1978, 92 Stat.
291; Pub. L. 110–229, title III, § 312(1), May 8, 2008,
122 Stat. 769.)

Page 300
AMENDMENTS

2008—Subsec. (a)(3). Pub. L. 110–229 added par. (3).

§ 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 section
410cc–32(e) of this title, and (B) will not have
an adverse effect on the resources of the park
or preservation district.
(b) Determination as to proposed activities
No Federal entity may issue any license or
permit to any person to conduct an activity
within the park or preservation district unless
such entity determines that the proposed activity will be conducted in a manner consistent
with the standards and criteria established pursuant to section 410cc–32(e) of this title and will
not have an adverse effect on the resources of
the park or preservation district.
(Pub. L. 95–290, title I, § 102, June 5, 1978, 92 Stat.
291.)
§ 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
section
410cc–21(b) of this title and emergency assistance under section 410cc–25(a)(1) of this title
shall not exceed $19,800,000; and
(2) the total of the amounts authorized to be
appropriated for the purpose of carrying out
section 410cc–32(b)(2) of this title, for the payment of grants and loans under section
410cc–33 of this title, for the acquisition of
property under section 410cc–34 of this title,
and for carrying out any transportation program and any educational and cultural program described in section 410cc–32(c) of this
title shall not exceed $33,600,000.
(b) Commencement date
No funds shall be authorized pursuant to this
section prior to October 1, 1978.
(c) Availability of appropriations
Funds appropriated under subsection (a) of
this section shall remain available until expended.
(d) Aggregate amount of money expended; certifying statement to Congress as limiting
availability of appropriated amounts
(1) Within 60 days after June 5, 1978, and on
each subsequent October 1 and March 1, the Sec-

Page 301

TITLE 16—CONSERVATION

retary shall submit to the Congress a statement
certifying the aggregate amount of money expended by the Commonwealth of Massachusetts,
the city of Lowell, and by any nonprofit entity
for activities in the city of Lowell consistent
with the purpose of this subchapter during the
period beginning on January 1, 1974, and ending
on the date such statement is submitted.
(2) The aggregate amount of funds made available by the Secretary to the Commission from
funds appropriated under subsection (a)(2) of
this section may not exceed the amount certified by the Secretary in the most recent statement submitted to the Congress under paragraph (1) of this subsection.
(Pub. L. 95–290, title I, § 103, June 5, 1978, 92 Stat.
292; Pub. L. 100–134, § 1(1), Oct. 16, 1987, 101 Stat.
810.)
AMENDMENTS
1987—Subsec. (a). Pub. L. 100–134 substituted
‘‘$19,800,000’’ for ‘‘$18,500,000’’ in par. (1), and
‘‘$33,600,000’’ for ‘‘$21,500,000’’ in par. (2).
EFFECTIVE DATE OF 1987 AMENDMENT
Section 2 of Pub. L. 100–134 provided that:
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by section 1 [amending sections 410cc–13 and 410cc–31 of this title] shall take effect
on the date of the enactment of this Act [Oct. 16, 1987].
‘‘(b) EFFECTIVE DATE OF AUTHORIZATION OF APPROPRIATION.—The amendments made by section 1(1)
[amending section 410cc–13 of this title] shall take effect on October 1, 1987.’’
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which a report required
under subsec. (d)(1) of this section is listed on page 108),
see section 3003 of Pub. L. 104–66, as amended, set out
as a note under section 1113 of Title 31, Money and Finance.

§ 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.
(Pub. L. 95–290, title I, § 104, June 5, 1978, 92 Stat.
292.)
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 section 410cc–22 of this title,
and describes the way the Secretary intends to
use these properties;
(2) identifies the properties within the park
and preservation district respecting which the
Secretary has entered into or intends to enter

§ 410cc–22

into agreements relating to interpretive exhibits or programs under section 410cc–23(a) of
this title;
(3)(A) reports on the progress of the Secretary in leasing a portion of the Lowell Manufacturing Company, located on Market
Street, for the purpose of establishing a visitors’ center in close proximity to parking and
other transportation facilities, and (B) identifies any other property within the park which
the Secretary has leased or intends to lease
for purposes of the park;
(4) reports any other activities which the
Secretary has taken or intends to take to
carry out the purpose of this subchapter; and
(5) contains a tentative budget for the park
and preservation district for the subsequent
five fiscal years.
(b) Establishment, submission date, contents,
etc., of plan
(1) Not later than three years after the date on
which funds are made available to carry out this
subchapter, the Secretary shall establish and
submit to the Congress a park management plan
containing the information described in subsection (a) of this section. Such plan shall, upon
request, be available to the public.
(2) After consulting with the Commission, the
city manager of Lowell, and the Commonwealth
of Massachusetts, the Secretary may make revisions in the park management plan established
pursuant to paragraph (1) of this subsection by
publication of such revisions in the Federal Register. A revision made under this paragraph
shall be effective 90 days after written notice of
the revision is submitted to the Congress.
(Pub. L. 95–290, title II, § 201, June 5, 1978, 92
Stat. 292.)
§ 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.

§ 410cc–23

TITLE 16—CONSERVATION

(G) The properties shown on the map identified in section 410cc–11(a)(3) 1 of this title as
follows:
(i) 91 Pevey Street.
(ii) The portion of 607 Middlesex Place.
(iii) Eagle Court.
(iv) The portion of 50 Payne Street.
(v) 726 Broadway.
(b) Other property; criteria for acquisition; manner of acquisition
Until the date on which the Commission conducts its first meeting, the Secretary may acquire any property within the park or preservation district not designated in subsection (a)(2)
of this section, or any interest therein, if such
property—
(1) is identified in the report of the Lowell
Historical Canal District Commission as a
property which should be preserved, restored,
managed, developed, or maintained in a manner consistent with the purpose of this subchapter;
(2) is listed in the National Register of Historic Places, as maintained by the Secretary
pursuant to section 470a(a) of this title, and
section 462(b) of this title; or
(3) is determined by the Secretary to be of
national significance;
and would be subject to demolition or major alteration in a manner inconsistent with the purposes of this subchapter unless acquired by the
Secretary. Such property may be acquired only
as provided in subsection (a)(1) of this section.
(c) Easements; manner of acquisition
The Secretary may acquire easements within
the park for the purpose of carrying out this
subchapter. Such easements may be acquired
only as provided in subsection (a)(1) of this section.
(Pub. L. 95–290, title II, § 202, June 5, 1978, 92
Stat. 293; Pub. L. 110–229, title III, § 312(2), May 8,
2008, 122 Stat. 769.)
REFERENCES IN TEXT
Section 410cc–11(a)(3) of this title, referred to in subsec. (a)(2)(G), was in the original ‘‘subsection
(101)(a)(3)’’ and was translated as meaning section
101(a)(3) of Pub. L. 95–290, which is classified to section
410cc–11(a)(3) of this title, to reflect the probable intent
of Congress.
AMENDMENTS
2008—Subsec. (a)(2)(G). Pub. L. 110–229 added subpar.
(G).

§ 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
1 See

References in Text note below.

Page 302

(2) the Secretary may make such minor improvements to such property as the Secretary
deems necessary to enhance the public use and
enjoyment of such property, exhibits, and programs.
(b) Request for assistance
(1) The Secretary shall provide, upon request,
technical assistance to—
(A) the city of Lowell to assist the city in establishing regulations or laws consistent with
the standards and criteria established pursuant to section 410cc–32(e) of this title; and
(B) the Commission to assist the Commission in establishing the index and the standards and criteria required by section 410cc–32
of this title.
(2) The Secretary may provide to any owner of
property within the park or preservation district, the Commission, the Commonwealth of
Massachusetts, the city of Lowell, and any other
Federal entity or any institution such technical
assistance as the Secretary considers appropriate to carry out the purpose of this subchapter.
(Pub. L. 95–290, title II, § 203, June 5, 1978, 92
Stat. 294.)
§ 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 section
410cc–13(a)(2) of this title if the Secretary determines that—
(a) the city of Lowell has failed to establish
regulations or laws consistent with the standards and criteria established pursuant to section 410cc–32(e) of this title within one year
after the date such standards and criteria have
been established, except that the Secretary
may extend such one-year period for not more
than six months if the Secretary determines
that the city has made a good faith effort to
establish such regulations or laws;
(b) the city of Lowell has failed to notify the
Commission of (1) applications for building
permits or zoning variances respecting any
property which is included in the index established pursuant to section 410cc–32(d) of this
title, or (2) any proposals of the city of Lowell
to change the regulations or laws described in
paragraph (c)(1) of this subsection;
(c)(1) during the period before the city of
Lowell has established regulations or laws
consistent with the standards and criteria established pursuant to section 410cc–32(e) of
this title, the city of Lowell has granted any
building permit or zoning variance or has
taken any other action respecting any property within the park or preservation district,
which either the Secretary or the Commission
consider to be inconsistent with such standards and criteria;
(2) after the city of Lowell has established
the regulations or laws described in subparagraph (1) of this paragraph, the city of Lowell
has granted any building permit or zoning
variance or has taken any other action respecting any property within the park or preservation district, which either the Secretary

Page 303

TITLE 16—CONSERVATION

or the Commission consider to be inconsistent
with such regulations or laws; or
(d) the Commission has not made good faith
efforts to (1) provide for the preservation, restoration, management, development, or maintenance of property within the park and preservation district or (2) carry out the park preservation plan approved under section 410cc–32
of this title.
(Pub. L. 95–290, title II, § 204, June 5, 1978, 92
Stat. 294.)
§ 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 section 410cc–21(b) of this title. In carrying out
such plan, the Secretary shall administer the
park in accordance with laws, rules, and regulations applicable to the national park system.
Before the date on which the Commission conducts its first meeting, the Secretary may take
any other action the Secretary deems necessary
to provide owners of property with national historic or cultural significance within the park or
preservation district with emergency assistance
for the purpose of preserving and protecting
their property in a manner consistent with the
purpose of this subchapter.
(2) Subject to sections 410cc–24 and 410cc–32(b)
of this title, the Secretary shall make available
to the Commission any funds appropriated under
section 410cc–13(a)(2) of this title for the purpose
of carrying out part C of this subchapter.
(b) Acceptance of donations of funds, property,
or services for implementation of park management plan
Notwithstanding any other provisions of law,
the Secretary may accept donations of funds,
property, or services from individuals, foundations, corporations, and other private entities,
and from public entities, for the purpose of implementing the park management plan.
(c) Sponsorship or coordination of educational
or cultural programs
The Secretary may sponsor or coordinate
within the park and preservation district such
educational or cultural programs as the Secretary considers appropriate to encourage appreciation of the resources of the park and preservation district.
(d) Acquisition of leases
The Secretary may acquire such leases respecting property within the park as may be
necessary to carry out the purpose of this subchapter.
(Pub. L. 95–290, title II, § 205, June 5, 1978, 92
Stat. 295.)

§ 410cc–31

PART C—POWERS AND DUTIES OF PRESERVATION
COMMISSION
§ 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 thirtyday 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

§ 410cc–32

TITLE 16—CONSERVATION

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 fulltime officers or employees of the United States,
the city of Lowell, or the Commonwealth of
Massachusetts shall receive no additional pay
on account of their service on the Commission.
(3) While away from their homes or regular
places of business in the performance of services
for the Commission, members of the Commission shall be allowed travel expenses, including
per diem in lieu of subsistence, in the same manner as persons employed intermittently in the
Government service are allowed expenses under
section 5703 of title 5.
(i) Termination
The Commission established pursuant to this
subchapter shall cease to exist seventeen years
from June 5, 1978.
(Pub. L. 95–290, title III, § 301, June 5, 1978, 92
Stat. 295; Pub. L. 100–134, § 1(2), (3), Oct. 16, 1987,
101 Stat. 810.)

Page 304
AMENDMENTS

1987—Subsec. (e)(2). Pub. L. 100–134, § 1(2), substituted
‘‘until his successor is appointed’’ for ‘‘for a period not
longer than thirty days’’.
Subsec. (i). Pub. L. 100–134, § 1(3), substituted ‘‘seventeen’’ for ‘‘ten’’.

§ 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

Page 305

TITLE 16—CONSERVATION

section 410cc–33 or 410cc–34 of this title until a
park preservation plan has been approved under
subsection (a) of this section.
(2) Before a park preservation plan is approved
under subsection (a) of this section, the Secretary may make available to the Commission
such funds as the Commission may request to
carry out any activity specified in paragraph (3)
of this section. However, no funds shall be made
available under this paragraph unless a proposal
describing such activity is reviewed and approved by the Secretary.
(3) The Commission may request funds from
the Secretary to—
(A) carry out activities to preserve, restore,
manage, develop, or maintain any property
identified in subsection (c)(1) of this section;
(B) take any action the Commission considers necessary to provide owners of property
with national historical or cultural significance within the park or preservation district
with emergency assistance for the purpose of
preserving and protecting their property in a
manner consistent with the purpose of this
subchapter; or
(C) acquire in accordance with section
410cc–34 of this title, any property within the
park which—
(i) is identified in the report of the Lowell
Historic Canal District Commission as a
property which should be preserved, restored, managed, developed, or maintained
in a manner consistent with the purpose of
this subchapter;
(ii) is listed in the National Register of
Historic Places, as maintained by the Secretary pursuant to section 470a(a) of this
title, and section 462(b) of this title; or
(iii) is determined by the Secretary to be
of national significance;
and would be subject to demolition or major
alteration in a manner inconsistent with the
purpose of this subchapter unless acquired by
the Commission.
(c) Requirements for plan
Any plan submitted to the Secretary under
subsection (a) of this section shall—
(1) describe the manner in which the Commission, to the extent practicable in accordance with the recommendations in the report
of the Lowell Historic Canal District Commission, proposes to provide for the preservation,
restoration, management, development, or
maintenance of—
(A) the Welles Block, 169 Merrimack
Street;
(B) the Jordan Marsh Company Building,
153 Merrimack Street and 15 Kirk Street;
(C) the Yorick Club, 91 Dutton Street;
(D) the Lowell Gas Light Company, 22
Shattuck Street;
(E) St. Anne’s Church and Rectory, 237
Merrimack Street;
(F) Lowell Institution for Savings, 18
Shattuck Street;
(G) the Ahepa Building, 31 Kirk Street;
(H) Boott Mill, Foot of John Street;
(I) Lowell Manufacturing Company on
Market Street; and
(J) the structure commonly referred to as
the Early Residence, 45, 47, and 49 Kirk
Street;

§ 410cc–32

(2) identify the properties included in the
index established pursuant to subsection (d) of
this section;
(3) identify the properties which the Commission intends to acquire under section
410cc–34 of this title and specify how such
properties shall be used;
(4) include the standards and criteria established pursuant to subsection (e) of this section;
(5) provide a detailed description of the manner in which the Commission intends to implement the grant and loan programs under section 410cc–33 of this title, including information relating to the estimated amount of such
grants and the manner in which such grants
shall be awarded by the Commission;
(6) provide for a transportation program by
which the Commission shall provide, directly
or by agreement with any person or any public
or private entity, transportation services and
facilities for park and preservation district
visitors, including barge equipment, docking
facilities, and local rail facilities;
(7) provide for educational and cultural programs to encourage appreciation of the resources of the park and preservation district;
and
(8) include a tentative budget for the subsequent five fiscal years.
(d) Establishment and contents of index; modification of index
The Commission shall establish, within one
year after the date on which the Commission
conducts its first meeting, an index which includes—
(1) any property in the park or preservation
district (except for any property identified in
section 410cc–21(a)(2) of this title) which
should be preserved, restored, managed, developed, maintained, or acquired by the Commission because of its national historic or cultural significance; and
(2) any property which should be preserved,
restored, managed, developed, or maintained
in a manner compatible with the purpose of
this subchapter because of its proximity to (A)
any property referred to in paragraph (1) of
this subsection, or (B) any property designated
in section 410cc–21(a)(2) of this title.
The index may be modified only by a majority
vote of the members of the Commission, taken
when a quorum is present.
(e) Standards and criteria for construction, preservation, etc., of properties within preservation district and park; authorization; establishment; revisions; publication in Federal
Register
(1) The Commission shall establish standards
and criteria applicable to the construction, preservation, restoration, alteration, and use of all
properties within the preservation district with
the advice of the Commonwealth of Massachusetts and of the Secretary, and the consent of
the city manager of Lowell.
(2) The Commission shall establish the standards and criteria described in paragraph (1) of
this subsection for any property within the park
with the advice of the Commonwealth of Massa-

§ 410cc–33

TITLE 16—CONSERVATION

chusetts and the city manager of Lowell and
subject to the review and approval of the Secretary.
(3) The Commission shall establish standards
and criteria under paragraphs (1) and (2) of this
subsection within one year after the date on
which the Commission conducts its first meeting. Such standards and criteria may be revised
in the same manner in which they were originally established.
(4) The Secretary shall publish the standards
and criteria established under paragraphs (1)
and (2) of this subsection, and any revisions
thereof, in the Federal Register.
(Pub. L. 95–290, title III, § 302, June 5, 1978, 92
Stat. 297.)
§ 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 chapter 844 of the Massachusetts
General Laws and hereinafter referred to as the
‘‘corporation’’) to enable the corporation to provide low interest loans for the preservation, restoration, or development of any property described in section 410cc–32(d)(1) of this title. The
Commission may make any such loan to the corporation only after entering into a loan agreement with the corporation which includes the
following terms:
(1) The loan to the corporation shall have a
maturity of thirty-five years. At the end of
such period, the corporation shall repay to the
Secretary of the Treasury (in a lump sum) for
deposit in the general fund of the Treasury the
full amount of the loan and any additional
amounts accruing to the corporation pursuant
to this subsection excepting those amounts expended by the corporation for reasonable administrative expenses.
(2) The money received from the Commission, and any interest earned on such money,
may be obligated by the corporation only for
low interest loans made under paragraphs (6)
and (7) of this subsection, except that the corporation may use such money to the extent
the Commission considers reasonable to satisfy the costs of the corporation in administering the loan or procuring loan guarantees or
insurance.
(3) Within five years after receiving the loan
from the Commission, the corporation shall
make loans under paragraphs (6) and (7) of this
subsection which, in the aggregate, obligate
the full amount of money received from the
Commission (minus any amount required to
satisfy the costs described in paragraph (2) of
this subsection).
(4) As loans made under paragraphs (6) and
(7) of this subsection are repaid, the corporation shall make additional loans under such
paragraphs with the money made available for
obligation by such repayments.
(5) The corporation shall make available to
the Commission and to the Secretary, upon re-

Page 306

quest, all accounts, financial records, and
other information related to loans made under
paragraphs (6) and (7) of this subsection.
(6) Before the corporation approves any application for a low interest loan for which
money has been made available to the corporation by the Commission, the corporation
shall require the prospective borrower to furnish the corporation with a statement from
the Commission stating that the Commission
has reviewed the application and has determined that any loan received by the prospective borrower will be spent in a manner consistent with—
(A) the standards and criteria established
pursuant to section 410cc–32(e) of this title,
and
(B) the goals of the park preservation plan
approved under section 410cc–32(a) of this
title.
(7) The corporation may approve any application for a low interest loan which meets the
terms and conditions prescribed by the corporation with the approval of the Commission
and for which money has been made available
to the corporation by the Commission if—
(A) the prospective borrower furnishes the
corporation with the statement described in
paragraph (6) of this subsection;
(B) the corporation determines that such
borrower has sufficient financial resources
to repay the loan; and
(C) such borrower satisfies any other applicable credit criteria established by the corporation.
In order to determine whether the corporation
has complied with this subsection, the Commission, or such other appropriate person or entity
as the Commission may designate, shall conduct
an audit at least once every two years of all accounts, financial records, and other information
related to loans made under paragraphs (6) and
(7) of this subsection. If the Commission determines, after conducting a hearing on the record,
that the corporation has substantially failed to
comply with this subsection, the outstanding
balance of any loan made to the corporation
under this subsection shall become payable in
full upon the demand of the Commission.
(b) Grants to property owners for preservation,
etc., of property; grants to persons or public
or private entities for educational and cultural programs or for necessary services;
terms of grant agreements; recovery of
amounts for inconsistent uses
(1) The Commission may make grants to owners of property described in section 410cc–32(d)(1)
of this title for the preservation, restoration,
management, development, or maintenance of
such property in a manner consistent with the
standards and criteria established pursuant to
section 410cc–32(e) of this title.
(2) The Commission, with the approval of the
Secretary, may make grants to any person or
any public or private entity to provide for (i)
educational and cultural programs which encourage appreciation of the resources of the
park and preservation district, or (ii) any planning, transportation, maintenance, or other

Page 307

TITLE 16—CONSERVATION

services the Commission considers necessary to
carry out the purposes of this subchapter.
(3) Grants under this subsection shall be made
under agreements which specify the amount of
the grant, the installments (if any) by which the
grant shall be paid to the grant recipient, the
purpose for which the grant may be used, and
any other condition the Commission considers
appropriate. The Commission shall be entitled,
under the terms of any grant agreement, to recover from the recipient any funds used in a
manner inconsistent with such grant agreement.
(c) Technical assistance to property owners, etc.
The Commission with the advice of the Secretary may provide technical assistance to—
(1) owners of property within the park or
preservation district to assist such owners in
(A) making repairs to or improvements in any
property included in the index established pursuant to section 410cc–32(d) of this title, or (B)
applying for loans under subsection (a) of this
section; and
(2) any other person or public or private entity to assist such person or entity in taking
actions consistent with the purpose of this
subchapter.
(d) Availability to Secretary of all accounts, financial records, and other information relating to loans and grants
The Commission shall make available to the
Secretary, upon request, all accounts, financial
records, and other information of the Commission relating to grants and loans made under
this section.
(Pub. L. 95–290, title III, § 303, June 5, 1978, 92
Stat. 300.)
CODIFICATION
Subsec. (e) of this section, which required the Secretary to make an annual report to Congress describing
the loans, grants, and technical assistance provided
under this section and under section 410cc–23 of this
title, terminated, effective May 15, 2000, pursuant to
section 3003 of Pub. L. 104–66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance.
See, also, page 108 of House Document No. 103–7.

§ 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 section 410cc–32(d)(1)
of this title, or any interest therein, by donation, by purchase with donated or appropriated
funds, or by condemnation in accordance with
paragraph (2) of this subsection.
(2) Only properties within the park or property
designated in paragraph (3) of this subsection
may be acquired by the Commission by condemnation. The Commission may initiate condemnation proceedings only after making every
reasonable effort to acquire any such property
through negotiations and purchase and consulting with the city council of Lowell. No lands or
interests therein may be acquired by the Commission by condemnation without the approval
of the Secretary.

§ 410cc–35

(3) The Commission may acquire in accordance
with paragraph (1) of this subsection the following properties, or any interest therein:
(A) World Furniture Building, 125 Central
Street; and
(B) The Martin Building, 102–122 Central
Street.
(b) Sale or lease of specified property; conditions
The Commission, with the approval of the Secretary, may sell or lease any property which it
acquires under subsection (a) of this section subject to such deed restrictions or other conditions as the Commission deems appropriate to
carry out the purpose of this subchapter.
(c) Agreement for disposal of specified property
to Commonwealth of Massachusetts; purposes of transfers
Pursuant to a written agreement between the
Commission and the Commonwealth of Massachusetts, the Commission, with the approval of
the Secretary, may sell, donate, lease, or in any
other manner the Commission and the Secretary
deem appropriate make available to the Commonwealth any property which the Commission
has acquired under subsection (a) of this section
in order to provide for the administration or
maintenance of such property by the Commonwealth in a manner consistent with the purpose
of this subchapter.
(Pub. L. 95–290, title III, § 304, June 5, 1978, 92
Stat. 302.)
§ 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 section 552a of title 5, the Commission may secure directly from any department
or agency of the United States information necessary to enable it to carry out this subchapter.
Upon request of the chairman of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(d) Authorization to seek and accept donations
of funds, property, or services
Notwithstanding any other provision of law,
the Commission may seek and accept donations
of funds, property, or services from individuals,
foundations, corporations, and other private entities, and from public entities, for the purpose
of carrying out its duties.
(e) Use of funds for obtaining additional moneys
The Commission may use its funds to obtain
money from any source under any program or

§ 410cc–36

TITLE 16—CONSERVATION

law requiring the recipient of such money to
make a contribution in order to receive such
money.
(f) Use of mails
The Commission may use the United States
mails in the same manner and upon the same
conditions as other departments and agencies of
the United States.
(g) Purchase, rental, donation, etc., of property,
facilities, and services; manner of acquisition; transfers to Department of the Interior
upon termination of Commission
The Commission may obtain by purchase,
rental, donation, or otherwise, such property, facilities, and services as may be needed to carry
out its duties. Any acquisition of property by
the Commission shall be in accordance with section 410cc–34 of this title: Provided, however,
That the Commission may not acquire lands or
interests therein pursuant to this subsection by
condemnation. Upon the termination of the
Commission, all property, personal and real, and
unexpended funds shall be transferred to the Department of the Interior.
(Pub. L. 95–290, title III, § 305, June 5, 1978, 92
Stat. 302.)
§ 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 chapter 51, and subchapter III
of chapter 53 of such title relating to classification and General Schedule pay rates, except
that no individual so appointed may receive pay
in excess of the annual rate of basic pay payable
for grade GS–15 of the General Schedule.
(d) Temporary or intermittent services; procurement and compensation
Subject to such rules as may be adopted by the
Commission, the Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5,
but at rates determined by the Commission to
be reasonable.
(e) Detail of personnel from other Federal agencies represented by members on Commission;
reimbursement by Commission; administrative support services by Administrator of
General Services Administration; reimbursement by Commission
(1) Upon request of the Commission, the head
of any Federal agency represented by members

Page 308

on the Commission may detail, on a reimbursable basis, any of the personnel of such agency
to the Commission to assist it in carrying out
its duties under this subchapter.
(2) The Administrator of the General Services
Administration shall provide to the Commission
on a reimbursable basis such administrative
support services as the Commission may request.
(Pub. L. 95–290, title III, § 306, June 5, 1978, 92
Stat. 303.)
REFERENCES IN TEXT
GS–15 of the General Schedule, referred to in subsecs.
(a) and (c), is set out under section 5332 of Title 5, Government Organization and Employees.

§ 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.
(Pub. L. 95–290, title III, § 307, as added Pub. L.
96–344, § 10, Sept. 8, 1980, 94 Stat. 1136.)
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.

Page 309

(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 1 of the American forces that liberated Guam.
(m) Interpretive programs
Within the boundaries of the park, the Secretary is authorized to implement programs to
1 So

§ 410dd

TITLE 16—CONSERVATION

in original. Probably should be ‘‘heroism’’.

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 2 (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.
(Pub. L. 95–348, § 6, Aug. 18, 1978, 92 Stat. 492;
Pub. L. 103–197, § 3, Dec. 17, 1993, 107 Stat. 2302;
Pub. L. 103–437, § 6(i), Nov. 2, 1994, 108 Stat. 4585.)
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–437, § 6(i)(1), substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
after ‘‘Committee on’’.
Subsec. (h). Pub. L. 103–437, § 6(i)(2), struck out subsec. (h) which directed Secretary, within two years
from Aug. 18, 1978, to develop and transmit to Congressional committees, a general management plan for War
in the Pacific National Historic Park, and to transmit
within 5 years of Aug. 18, 1978, a study of additional
sites associated with Pacific Campaign of World War II.
1993—Subsec. (k). Pub. L. 103–197, § 3(a), substituted
‘‘$8,000,000’’ for ‘‘$500,000’’.
Subsecs. (l) to (o). Pub. L. 103–197, § 3(b), added subsecs. (l) to (o).
CONGRESSIONAL FINDINGS
Section 1 of Pub. L. 103–197 provided that: ‘‘Congress
finds that—
‘‘(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 Japa2 So

in original. Probably should be ‘‘subsection’’.

§ 410ee

TITLE 16—CONSERVATION

nese 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
Pub. L. 100–202, § 101(g) [title I], Dec. 22, 1987, 101 Stat.
1329–213, 1329–222, provided in part: ‘‘That any Federally-owned land in War in the Pacific National Historical Park that hereafter becomes excess to the needs of
the administering agency shall be transferred to the jurisdiction of the National Park Service, without reimbursement, for purposes of the park.’’

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

Page 310

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 con-

Page 311

stitutional provisions regarding the separation
of church and state.
(c) Retention of rights by owners; compensation
for property; termination of rights; ‘‘improved property’’ defined
(1) With the exception of any property deemed
necessary by the Secretary for visitor facilities
or administration of the park, any owner or
owners of improved property on the date of its
acquisition by the Secretary may, as a condition
of such acquisition, retain for themselves and
their successors or assigns a right of use and occupancy of the property for noncommercial residential purposes, for twenty-five years, or, in
lieu thereof, for a term ending at the death of
the owner or his spouse, whichever is later. The
owner shall elect the term to be reserved. The
Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date
of the right retained by the owner.
(2) A right of use and occupancy retained or
enjoyed pursuant to this subsection may be terminated with respect to the entire property by
the Secretary upon his determination that the
property or any portion thereof had ceased to be
used for noncommercial residential purposes and
upon tender to the holder of a right an amount
equal to the fair market value, as of the date of
tender, of that portion of the right which remains unexpired on the date of termination.
(3) The term ‘‘improved property’’, as used in
this subsection, shall mean a detached, noncommercial residential dwelling, the construction of which was begun before January 1, 1978
(hereinafter referred to as a ‘‘dwelling’’), together with so much of the land on which the
dwelling is situated, the said land being in the
same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment or 1 the dwelling for
the sole purpose of noncommercial residential
use, together with any structures accessory to
the dwelling which are situated on the land so
designated.
(d) Protection and preservation of historical and
architectural values; administration
The Secretary is authorized and directed to
take prompt and appropriate action in accordance with the provisions of this section and any
cooperative agreement hereunder to assure the
protection and preservation of the historical and
architectural values of the missions and the
areas and features historically associated therewith within the boundaries of the park. The
park shall be administered by the Secretary in
accordance with this section and provisions of
law generally applicable to units of the National
Park System, including sections 1, 2, 3, and 4 of
this title and sections 461 to 467 of this title.
(e) San Antonio Missions Advisory Commission;
membership; Chairman; vacancies; compensation and expenses; meeting and consultation between Secretary and Advisory
Commission; termination
(1) There is hereby authorized to be established by the Secretary, a San Antonio Missions
1 So

in original. Probably should be ‘‘of’’.

§ 410ee

TITLE 16—CONSERVATION

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.
(Pub. L. 95–629, title II, § 201, Nov. 10, 1978, 92
Stat. 3636; Pub. L. 96–344, § 13, Sept. 8, 1980, 94
Stat. 1136; Pub. L. 101–628, title V, § 501, Nov. 28,
1990, 104 Stat. 4492; Pub. L. 103–437, § 6(j), Nov. 2,
1994, 108 Stat. 4585.)
AMENDMENTS
1994—Subsec. (a). Pub. L. 103–437, § 6(j)(1), substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
after ‘‘Committee on’’.
Subsec. (f)(2). Pub. L. 103–437, § 6(j)(2), struck out at
end ‘‘Within one year from November 10, 1978, the Secretary shall develop and transmit to the Committee on
Interior and Insular Affairs of the United States House
of Representatives and the Committee on Energy and
Natural Resources of the United States Senate a final

§ 410ff

TITLE 16—CONSERVATION

master plan for the development of the park consistent
with the objectives of this section, indicating (A) the
facilities needed to accommodate the health, safety,
and interpretive needs of the visiting public; (B) the location and estimated cost of all facilities; and (C) the
projected need for any additional facilities within the
park.’’
1990—Subsec. (a). Pub. L. 101–628, § 501(a), inserted
after first sentence ‘‘The park shall also consist of the
lands and interests therein within the area bounded by
the line depicted as ‘Proposed Boundary Extension’ on
the maps entitled ‘San Antonio Missions National Historical Park’, numbered 472–80,075, 472–80,076, 472–80,077,
472–80,078, 472–80,079, 472–80,080, and 472–80,081 and dated
June 7, 1990, which shall be on file and available for
public inspection in the same manner as is such drawing.’’
Subsec. (f)(2). Pub. L. 101–628, § 501(b), substituted
‘‘$15,000,000’’ for ‘‘$500,000’’.
1980—Subsec. (e)(1). Pub. L. 96–344 substituted ‘‘eleven’’ for ‘‘seven’’ in provision preceding subpar. (A) and
‘‘six’’ for ‘‘two’’ in subpar. (F).

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.
(Pub. L. 96–199, title II, § 201, Mar. 5, 1980, 94 Stat.
74.)
ROBERT J. LAGOMARSINO VISITOR CENTER
Pub. L. 104–333, div. I, title VIII, § 809, Nov. 12, 1996, 110
Stat. 4189, as amended by Pub. L. 106–176, title I, § 119,
Mar. 10, 2000, 114 Stat. 28, provided that:
‘‘(a) DESIGNATION.—The visitor center at the Channel
Islands National Park, California, is designated as the
‘Robert J. Lagomarsino Visitor Center’.

Page 312

‘‘(b) LEGAL REFERENCES.—Any reference in any law,
regulation, document, record, map, or other document
of the United States to the visitor center referred to in
subsection (a) is deemed to be a reference to the ‘Robert J. Lagomarsino Visitor Center’.’’
Similar provisions were contained in Pub. L. 104–208,
div. A, title I, § 101(d) [title I, § 125], Sept. 30, 1996, 110
Stat. 3009–181, 3009–204.

§ 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 section 410ff of this title, the Secretary
of the Interior (hereinafter referred to as the
‘‘Secretary’’) is authorized to acquire lands, waters, or interests therein (including but not limited to scenic easements) by donation, purchase
with donated or appropriated funds, transfer
from any Federal agency, exchange, or otherwise. Unless the property is wholly or partially
donated, the Secretary shall pay to the owner
the fair market value of the property on the
date of its acquisition, less the fair market
value on that date of any right retained by the
owner. Any lands, waters, or interests therein
owned by the State of California or any political
subdivision thereof shall not be acquired. Notwithstanding any other provision of law, Federal property located within the boundaries of
the park shall with the concurrence of the head
of the agency having custody thereof, be transferred to the administrative jurisdiction of the
Secretary for the purposes of the park: Provided,
That the Secretary shall permit the use of federally owned park lands and waters which (i) have
been transferred from another Federal agency
pursuant to this section or which (ii) were the
subject of a lease or permit issued by a Federal
agency as of March 5, 1980, for essential national
security missions and for navigational aids, subject to such terms and conditions as the Secretary deems necessary to protect park resources.
(b) Lands owned, or under option to, National
Park Foundation, The Nature Conservancy,
or similar organizations
Notwithstanding the acquisition authority
contained in subsection (a) of this section, any
lands, waters, or interests therein, which are
owned wholly or in part, by or which hereafter
may be owned by, or under option to, the National Park Foundation, The Nature Conservancy (including any lands, waters, or interests
therein which are designated as ‘‘Nature Conservancy Lands’’ on the map referred to in section
410ff of this title) or any similar national, nonprofit conservation organization, or an affiliate
or subsidiary thereof shall be acquired only with
the consent of the owner thereof: Provided, That
the Secretary may acquire such property in accordance with the provisions of this subchapter
if he determines that the property is undergoing
or is about to undergo a change in use which is
inconsistent with the purposes of this subchapter.
(c) Privately owned lands on Santa Rosa Island
With respect to the privately owned lands on
Santa Rosa Island, the Secretary shall acquire

Page 313

§ 410ff–2

TITLE 16—CONSERVATION

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.
(e) Acquisition of certain property on Santa Cruz
Island
(1) Notwithstanding any other provision of
law, effective 90 days after November 12, 1996, all
right, title, and interest in and to, and the right
to immediate possession of, the real property on
the eastern end of Santa Cruz Island which is
known as the Gherini Ranch is hereby vested in
the United States, except for the reserved rights
of use and occupancy set forth in Instrument
No. 90–027494 recorded in the Official Records of
the County of Santa Barbara, California.
(2) The United States shall pay just compensation to the owners of any real property taken
pursuant to this subsection, determined as of
the date of taking. 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 real property
plus interest or the valuation of such real property awarded by judgment plus interest. Interest
shall accrue from the date of taking to the date
of payment. Interest shall be compounded quarterly and computed at the rate applicable for

the period involved, as determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities from November 12, 1996, to
the last day of the month preceding the date on
which payment is made.
(3) In the absence of a negotiated settlement,
or an action by the owner, within 1 year after
November 12, 1996, the Secretary shall initiate a
proceeding, seeking in a court of competent jurisdiction a determination of just compensation
with respect to the taking of such property.
(4) The Secretary shall not allow any unauthorized use of the lands to be acquired under
this subsection, except that the Secretary shall
permit the orderly termination of all current activities and the removal of any equipment, facilities, or personal property.
(Pub. L. 96–199, title II, § 202, Mar. 5, 1980, 94 Stat.
74; Pub. L. 104–333, div. I, title VIII, § 817, Nov. 12,
1996, 110 Stat. 4200.)
REFERENCES IN TEXT
This subchapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 96–199, and was
translated as ‘‘this subchapter’’, meaning title II of
Pub. L. 96–199, to reflect the probable intent of Congress.
AMENDMENTS
1996—Subsec. (e). Pub. L. 104–333 added subsec. (e).

§ 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 wa-

§ 410ff–3

TITLE 16—CONSERVATION

Page 314

ters within the park boundaries, and the marine
resources therein.

Jan. 5, 1993, by House Resolution No. 5, One Hundred
Third Congress.

(Pub. L. 96–199, title II, § 203, Mar. 5, 1980, 94 Stat.
75.)

§ 410ff–4. Federal or federally assisted undertakings with respect to lands and waters within,
adjacent to, or related to park

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.

§ 410ff–3. Administration
(a) Authority of Secretary of the Interior; low-intensity, limited-entry basis for administration
Subject to the provisions of section 410ff of
this title, the Secretary shall administer the
park in accordance with the provisions of sections 1, 2, 3, and 4 of this title, as amended and
supplemented. In the administration of the
park, the Secretary may utilize such statutory
authority available for the conservation and
management of wildlife and natural and cultural
resources as he deems appropriate to carry out
the purposes of this subchapter. The park shall
be administered on a low-intensity, limitedentry basis.
(b) Limited visitor use; establishment of appropriate visitor carrying capacities
In recognition of the special fragility and sensitivity of the park’s resources, it is the intent
of Congress that the visitor use within the park
be limited to assure negligible adverse impact
on the park resources. The Secretary shall establish appropriate visitor carrying capacities
for the park.
(c) Comprehensive general management plan
(1) Within three complete fiscal years from
March 5, 1980, the Secretary, in consultation
with The Nature Conservancy and the State of
California, shall submit to the Committee on Interior and Insular Affairs of the United States
House of Representatives and the Committee on
Energy and Natural Resources of the United
States Senate, a comprehensive general management plan for the park, pursuant to criteria
stated in the provisions of section 1a–7(b) of this
title. Such plan shall include alternative considerations for the design and operation of a public
transportation system connecting the park with
the mainland, with such considerations to be developed in cooperation with the State of California and the Secretary of Transportation. The
Secretary shall seek the advice of the scientific
community in the preparation of said plan, and
conduct hearings for public comment in Ventura
and Santa Barbara Counties.
(2) Those aspects of such a plan which relate
to marine mammals shall be prepared by the
Secretary of Commerce, in consultation with
the Secretary and the State of California.
(Pub. L. 96–199, title II, § 204, Mar. 5, 1980, 94 Stat.
76.)
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

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.
(Pub. L. 96–199, title II, § 205, Mar. 5, 1980, 94 Stat.
76.)
§ 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.
(Pub. L. 96–199, title II, § 206, Mar. 5, 1980, 94 Stat.
77.)
§ 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.
(Pub. L. 96–199, title II, § 207, Mar. 5, 1980, 94 Stat.
77.)
§ 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.

Page 315

§ 410gg–2

TITLE 16—CONSERVATION

(Pub. L. 96–199, title II, § 208, Mar. 5, 1980, 94 Stat.
77.)
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.
(Pub. L. 96–287, title I, § 101, June 28, 1980, 94
Stat. 599; Pub. L. 103–437, § 6(d)(10), Nov. 2, 1994,
108 Stat. 4584.)
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Natural Resources’’
for ‘‘Interior and Insular Affairs’’ after ‘‘Committee
on’’.
DANTE FASCELL BISCAYNE NATIONAL PARK VISITOR
CENTER
Pub. L. 105–307, Oct. 29, 1998, 112 Stat. 2931, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Dante Fascell Biscayne National Park Visitor Center Designation Act’.
‘‘SEC. 2. DESIGNATION OF THE DANTE FASCELL
VISITOR CENTER AT BISCAYNE NATIONAL
PARK.
‘‘(a) DESIGNATION.—The Biscayne National Park visitor center, located on the shore of Biscayne Bay on
Convoy Point, Florida, is designated as the ‘Dante Fascell Visitor Center’.
‘‘(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other document of the
United States to the Biscayne National Park visitor
center shall be deemed to be a reference to the ‘Dante
Fascell Visitor Center’.’’

§ 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.
(Pub. L. 96–287, title I, § 102, June 28, 1980, 94
Stat. 599.)
REFERENCES IN TEXT
The effective date of this subchapter, referred to in
subsec. (b), probably means the date of enactment of
Pub. L. 96–287, which was approved on June 28, 1980.

§ 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 sections 1, 2, 3, and 4 of this title, as amended
and supplemented. The waters within the park
shall continue to be open to fishing in conformity with the laws of the State of Florida except
as the Secretary, after consultation with appropriate officials of said State, designates species
for which, areas and times within which, and
methods by which fishing is prohibited, limited,
or otherwise regulated in the interest of sound
conservation to achieve the purposes for which
the park is established: Provided, That with respect to lands donated by the State after the effective date of this subchapter, fishing shall be
in conformance with State law.
(b) The Biscayne National Monument, as authorized by the Act of October 18, 1968 (82 Stat.

§ 410gg–3

TITLE 16—CONSERVATION

1188; 16 U.S.C. 450qq), as amended, is abolished as
such, and all lands, waters, and interests therein
acquired or reserved for such monument are
hereby incorporated within and made a part of
the park. Any funds available for the purposes of
such monument are hereby made available for
the purposes of the park, and authorizations of
funds for the monument shall continue to be
available for the park.
(Pub. L. 96–287, title I, § 103, June 28, 1980, 94
Stat. 600.)
REFERENCES IN TEXT
The effective date of this subchapter, referred to in
subsec. (a), probably means the date of enactment of
Pub. L. 96–287, which was approved on June 28, 1980.
Act of October 18, 1968, referred to in subsec. (b), is
Pub. L. 90–606, Oct. 18, 1968, 82 Stat. 1188, as amended,
which was classified to sections 450qq to 450qq–4 of this
title, and was omitted from the Code in view of the abolition of the Biscayne National Monument and its incorporation within the Biscayne National Park pursuant to subsec. (b).

§ 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).
(Pub. L. 96–287, title I, § 104, June 28, 1980, 94
Stat. 600.)
REFERENCES IN TEXT
The effective date of this subchapter, referred to in
text, probably means the date of enactment of Pub. L.
96–287, which was approved on June 28, 1980.

§ 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 section 1a–7(b) of this title.
(Pub. L. 96–287, title I, § 105, June 28, 1980, 94
Stat. 600.)
REFERENCES IN TEXT
The effective date of this subchapter, referred to in
text, probably means the date of enactment of Pub. L.
96–287, which was approved on June 28, 1980.
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

Page 316

Jan. 5, 1993, by House Resolution No. 5, One Hundred
Third Congress.

§ 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.
(Pub. L. 96–287, title I, § 106, June 28, 1980, 94
Stat. 600.)
AUTHORIZATIONS EFFECTIVE OCTOBER 1, 1980; CONTRACTUAL, OBLIGATORY, AND PAYMENT AUTHORITY PROVIDED IN APPROPRIATIONS
Section 401 of Pub. L. 96–287 provided that: ‘‘Authorizations of moneys to be appropriated under this Act
[Pub. L. 96–287] shall be effective October 1, 1980. Notwithstanding any other provision of this Act, authority
to enter into contracts to incur obligations, or to make
payments under this Act shall be effective only to the
extent, and in such amounts, as are provided in advance in appropriation Acts.’’

SUBCHAPTER LIX–F—ALASKAN NATIONAL
PARKS
§ 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 thirtyeight thousand acres of public lands, and
Aniakchak National Preserve, containing approximately three hundred and seventy-six
thousand acres of public lands, as generally
depicted on map numbered ANIA–90,005, and
dated October 1978. The monument and preserve shall be managed for the following purposes, among others: To maintain the caldera
and its associated volcanic features and landscape, including the Aniakchak River and
other lakes and streams, in their natural
state; to study, interpret, and assure continuation of the natural process of biological succession; to protect habitat for, and populations of, fish and wildlife, including, but not
limited to, brown/grizzly bears, moose, caribou, sea lions, seals, and other marine mammals, geese, swans, and other waterfowl and in
a manner consistent with the foregoing, to interpret geological and biological processes for
visitors. Subsistence uses by local residents
shall be permitted in the monument where
such uses are traditional in accordance with
the provisions of subchapter II of chapter 51 of
this title.
(2) Bering Land Bridge National Preserve,
containing approximately two million four
hundred and fifty-seven thousand acres of public land, as generally depicted on map numbered BELA–90,005, and dated October 1978.

Page 317

TITLE 16—CONSERVATION

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-ofway along either side of an existing route from
Deering to the Taylor Highway, subject to
such reasonable regulations as the Secretary
may promulgate to assure that such travel is
consistent with the foregoing purposes.
(3) Cape Krusenstern National Monument,
containing approximately five hundred and
sixty thousand acres of public lands, as generally depicted on map numbered CAKR–90,007,
and dated October 1979. The monument shall
be managed for the following purposes, among
others: To protect and interpret a series of archeological sites depicting every known cultural period in arctic Alaska; to provide for
scientific study of the process of human population of the area from the Asian Continent; in
cooperation with Native Alaskans, to preserve
and interpret evidence of prehistoric and historic Native cultures; to protect habitat for
seals and other marine mammals; to protect
habitat for and populations of, birds, and other
wildlife, and fish resources; and to protect the
viability of subsistence resources. Subsistence
uses by local residents shall be permitted in
the monument in accordance with the provisions of subchapter II of chapter 51 of this
title.
(4)(a) Gates of the Arctic National Park,
containing approximately seven million fiftytwo 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

§ 410hh

other natural features; to provide continued
opportunities, including reasonable access, for
mountain climbing, mountaineering, and
other wilderness recreational activities; and
to protect habitat for and the populations of,
fish and wildlife, including, but not limited to,
caribou, grizzly bears, Dall sheep, moose,
wolves, and raptorial birds. Subsistence uses
by local residents shall be permitted in the
park, where such uses are traditional, in accordance with the provisions of subchapter II
of chapter 51 of this title.
(b) Congress finds that there is a need for access for surface transportation purposes across
the Western (Kobuk River) unit of the Gates of
the Arctic National Preserve (from the Ambler
Mining District to the Alaska Pipeline Haul
Road) and the Secretary shall permit such access in accordance with the provisions of this
subsection.
(c) Upon the filing of an application pursuant to section 3164(b) and (c) of this title for a
right-of-way across the Western (Kobuk River)
unit of the preserve, including the Kobuk Wild
and Scenic River, the Secretary shall give notice in the Federal Register of a thirty-day period for other applicants to apply for access.
(d) The Secretary and the Secretary of
Transportation shall jointly prepare an environmental and economic analysis solely for
the purpose of determining the most desirable
route for the right-of-way and terms and conditions which may be required for the issuance
of that right-of-way. This analysis shall be
completed within one year and the draft thereof within nine months of the receipt of the application and shall be prepared in lieu of an
environmental impact statement which would
otherwise be required under section 102(2)(C) of
the National Environmental Policy Act [42
U.S.C. 4332(2)(C)]. Such analysis shall be
deemed to satisfy all requirements of that Act
[42 U.S.C. 4321 et seq.] and shall not be subject
to judicial review. Such environmental and
economic analysis shall be prepared in accordance with the procedural requirements of section 3164(e) of this title. The Secretaries in
preparing the analysis shall consider the following—
(i) Alternative routes including the consideration of economically feasible and prudent
alternative routes across the preserve which
would result in fewer or less severe adverse
impacts upon the preserve.
(ii) The environmental and social and economic impact of the right-of-way including
impact upon wildlife, fish, and their habitat,
and rural and traditional lifestyles including
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 section 3167 of
this title.
(5) Kenai Fjords National Park, containing
approximately five hundred and sixty-seven

§ 410hh

TITLE 16—CONSERVATION

thousand acres of public lands, as generally
depicted on map numbered KEFJ–90,007, and
dated October 1978. The park shall be managed
for the following purposes, among others: To
maintain unimpaired the scenic and environmental integrity of the Harding Icefield, its
outflowing glaciers, and coastal fjords and islands in their natural state; and to protect
seals, sea lions, other marine mammals, and
marine and other birds and to maintain their
hauling and breeding areas in their natural
state, free of human activity which is disruptive to their natural processes. In a manner
consistent with the foregoing, the Secretary is
authorized to develop access to the Harding
Icefield and to allow use of mechanized equipment on the icefield for recreation.
(6) Kobuk Valley National Park, containing
approximately one million seven hundred and
ten thousand acres of public lands as generally
depicted on map numbered KOVA–90,009, and
dated October 1979. The park shall be managed
for the following purposes, among others: To
maintain the environmental integrity of the
natural features of the Kobuk River Valley,
including the Kobuk, Salmon, and other rivers, the boreal forest, and the Great Kobuk
Sand Dunes, in an undeveloped state; to protect and interpret, in cooperation with Native
Alaskans, archeological sites associated with
Native cultures; to protect migration routes
for the Arctic caribou herd; to protect habitat
for, and populations of, fish and wildlife including but not limited to caribou, moose,
black and grizzly bears, wolves, and waterfowl;
and to protect the viability of subsistence resources. Subsistence uses by local residents
shall be permitted in the park in accordance
with the provisions of subchapter II of chapter
51 of this title. Except at such times when, and
locations where, to do so would be inconsistent with the purposes of the park, the Secretary shall permit aircraft to continue to
land at sites in the upper Salmon River watershed.
(7)(a) Lake Clark National Park, containing
approximately two million four hundred thirty-nine thousand acres of public lands, and
Lake Clark National Preserve, containing approximately one million two hundred and
fourteen thousand acres of public lands, as
generally
depicted
on
map
numbered
LACL–90,008, and dated October 1978. The park
and preserve shall be managed for the following purposes, among others: To protect the
watershed necessary for perpetuation of the
red salmon fishery in Bristol Bay; to maintain
unimpaired the scenic beauty and quality of
portions of the Alaska Range and the Aleutian
Range, including active volcanoes, glaciers,
wild rivers, lakes, waterfalls, and alpine meadows in their natural state; and to protect habitat for and populations of fish and wildlife including but not limited to caribou, Dall sheep,
brown/grizzly bears, bald eagles, and peregrine
falcons.
(b) No lands conveyed to the Nondalton Village Corporation shall be considered to be
within the boundaries of the park or preserve;
if the corporation desires to convey any such
lands, the Secretary may acquire such lands

Page 318

with the consent of the owner, and any such
lands so acquired shall become part of the
park or preserve, as appropriate. Subsistence
uses by local residents shall be permitted in
the park where such uses are traditional in accordance with the provisions of subchapter II
of chapter 51 of this title.
(8)(a) Noatak National Preserve, containing
approximately 6,477,168 acres of public lands,
as generally depicted on map numbered
NOAT–90,004, and dated July 1980 and the map
entitled ‘‘Noatak National Preserve and
Noatak Wilderness Addition’’ dated September
1994. The preserve shall be managed for the
following purposes, among others: To maintain the environmental integrity of the
Noatak River and adjacent uplands within the
preserve in such a manner as to assure the
continuation of geological and biological processes unimpaired by adverse human activity;
to protect habitat for, and populations of, fish
and wildlife, including but not limited to caribou, grizzly bears, Dall sheep, moose, wolves,
and for waterfowl, raptors, and other species
of birds; to protect archeological resources;
and in a manner consistent with the foregoing,
to provide opportunities for scientific research. The Secretary may establish a board
consisting of scientists and other experts in
the field of arctic research in order to assist
him in the encouragement and administration
of research efforts within the preserve.
(b) All lands located east of centerline of the
main channel of the Noatak River which are—
(1) within
(A) any area withdrawn under the Alaska Native Claims Settlement Act [43
U.S.C. 1601 et seq.] for selection by the village of Noatak, and
(B) any village deficiency withdrawal
under section 11(a)(3)(A) of such Act [43
U.S.C. 1610(a)(3)(A)] which is adjacent to
the area described in subparagraph (i) 1 of
this paragraph,
(2) adjacent to public lands within a unit
of the National Park System as designated
under this Act, and
(3) not conveyed to such Village or other
Native Corporation before the final conveyance date, shall, on such final conveyance
date, be added to and included within, the
adjacent unit of the National Park System
(notwithstanding the applicable acreage
specified in this paragraph) and managed in
the manner provided in the foregoing provisions of this paragraph. For purposes of the
preceding sentence the term ‘‘final conveyance date’’ means the date of the conveyance of lands under the Alaska Native
Claims Settlement Act [43 U.S.C. 1601 et
seq.], or by operation of this Act, to the Village of Noatak, or to any other Native Corporation which completes the entitlement of
such Village or other Corporation to conveyance of lands from the withdrawals referred
to in subparagraph (1).
(9) Wrangell-Saint Elias National Park, containing approximately eight million one hun1 So

in original. Probably should be ‘‘subparagraph (A)’’.

Page 319

§ 410hh

TITLE 16—CONSERVATION

dred 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
numbered WRST–90,007, and dated August 1980.
The park and preserve shall be managed for
the following purposes, among others: To
maintain unimpaired the scenic beauty and
quality of high mountain peaks, foothills, glacial systems, lakes, and streams, valleys, and
coastal landscapes in their natural state; to
protect habitat for, and populations of, fish
and wildlife including but not limited to caribou, brown/grizzly bears, Dall sheep, moose,
wolves, trumpeter swans and other waterfowl,
and marine mammals; and to provide continued opportunities, including reasonable access for mountain climbing, mountaineering,
and other wilderness recreational activities.
Subsistence uses by local residents shall be
permitted in the park, where such uses are
traditional, in accordance with the provisions
of subchapter II of chapter 51 of this title.
(10) Yukon-Charley Rivers National Preserve, containing approximately one million
seven hundred and thirteen thousand acres of
public lands, as generally depicted on map
numbered YUCH–90,008, and dated October
1978. The preserve shall be managed for the
following purposes, among others: To maintain the environmental integrity of the entire
Charley River basin, including streams, lakes
and other natural features, in its undeveloped
natural condition for public benefit and scientific study; to protect habitat for, and populations of, fish and wildlife, including but not
limited to the peregrine falcons and other raptorial birds, caribou, moose, Dall sheep, grizzly bears, and wolves; and in a manner consistent with the foregoing, to protect and interpret historical sites and events associated
with the gold rush on the Yukon River and the
geological and paleontological history and cultural prehistory of the area. Except at such
times when and locations where to do so would
be inconsistent with the purposes of the preserve, the Secretary shall permit aircraft to
continue to land at sites in the Upper Charley
River watershed.
(Pub. L. 96–487, title II, § 201, Dec. 2, 1980, 94 Stat.
2377; Pub. L. 104–333, div. I, title III, § 302(c)(2),
Nov. 12, 1996, 110 Stat. 4119.)
REFERENCES IN TEXT
This Act, referred to in provision preceding par. (1)
and par. (8)(b)(2), (3), is Pub. L. 96–487, Dec. 2, 1980, 94
Stat. 2371, as amended, known as the Alaska National
Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short Title note
set out under section 3101 of this title and Tables.
That Act, referred to in par. (4)(d), meaning the National Environmental Policy Act of 1969, is Pub. L.
91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
classified generally to chapter 55 (§ 4321 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 4321 of Title 42 and Tables.
The Alaska Native Claims Settlement Act, referred
to in par. (8)(b)(1)(A), (3), is Pub. L. 92–203, Dec. 18, 1971,
85 Stat. 688, as amended, which is classified generally
to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands.

For complete classification of this Act to the Code, see
Short Title note set out under section 1601 of Title 43
and Tables.
AMENDMENTS
1996—Par. (8)(a). Pub. L. 104–333 substituted ‘‘approximately 6,477,168 acres’’ for ‘‘approximately six million
four hundred and sixty thousand acres’’ and inserted
‘‘and the map entitled ‘Noatak National Preserve and
Noatak Wilderness Addition’ dated September 1994’’
after ‘‘July 1980’’.
ANAKTUVUK PASS LAND EXCHANGE
Section 302 of title III of div. I of Pub. L. 104–333 provided that:
‘‘(a) FINDINGS.—The Congress makes the following
findings:
‘‘(1) The Alaska National Interest Lands Conservation Act (94 Stat. 2371 [Pub. L. 96–487, see Short Title
note set out under section 3101 of this title]), enacted
on December 2, 1980, established Gates of the Arctic
National Park and Preserve and Gates of the Arctic
Wilderness. The Village of Anaktuvuk Pass, located
in the highlands of the central Brooks Range is virtually surrounded by these national park and wilderness lands and is the only Native village located
within the boundary of a National Park System unit
in Alaska.
‘‘(2) Unlike most other Alaskan Native communities, the village [sic] of Anaktuvuk Pass is not located on a major river, lake, or coastline that can be
used as a means of access. The residents of
Anaktuvuk pass [sic] have relied increasingly on
snow machines in winter and all-terrain vehicles in
summer as their primary means of access to pursue
caribou and other subsistence resources.
‘‘(3) In a 1983 land exchange agreement, linear easements were reserved by the Inupiat Eskimo people for
use of all-terrain vehicles across certain national
park lands, mostly along stream and river banks.
These linear easements proved unsatisfactory, because they provided inadequate access to subsistence
resources while causing excessive environmental impact from concentrated use.
‘‘(4) The National Park Service and the Nunamiut
Corporation initiated discussions in 1985 to address
concerns over the use of all-terrain vehicles on park
and wilderness land. These discussions resulted in an
agreement, originally executed in 1992 and thereafter
amended in 1993 and 1994, among the National Park
Service, Nunamiut Corporation, the City of
Anaktuvuk Pass, and Arctic Slope Regional Corporation. Full effectuation of this agreement, as amended, by its terms requires ratification by the Congress.
‘‘(b) RATIFICATION OF AGREEMENT.—
‘‘(1) RATIFICATION.—
‘‘(A) IN GENERAL.—The terms, conditions, procedures, covenants, reservations, and other provisions
set forth in the document entitled ‘Donation, Exchange of Lands and Interests in Lands and Wilderness Redesignation Agreement Among Arctic Slope
Regional Corporation, Nunamiut Corporation, City
of Anaktuvuk Pass and the United States of America’ (hereinafter referred to in this section as ‘the
Agreement’), executed by the parties on December
17, 1992, as amended, are hereby incorporated in this
title [see Tables for classification], are ratified and
confirmed, and set forth the obligations and commitments of the United States, Arctic Slope Regional Corporation, Nunamiut Corporation and the
City of Anaktuvuk Pass, as a matter of Federal
law.
‘‘(B) LAND ACQUISITION.—Lands acquired by the
United States pursuant to the Agreement shall be
administered by the Secretary of the Interior (hereinafter referred to as the ‘Secretary’) as part of
Gates of the Arctic National Park and Preserve,
subject to the laws and regulations applicable
thereto.

§ 410hh–1

TITLE 16—CONSERVATION

‘‘(2) MAPS.—The maps set forth as Exhibits C1, C2,
and D through I to the Agreement depict the lands
subject to the conveyances, retention of surface access rights, access easements and all-terrain vehicle
easements. These lands are depicted in greater detail
on a map entitled ‘Land Exchange Actions, Proposed
Anaktuvuk Pass Land Exchange and Wilderness Redesignation, Gates of the Arctic National Park and
Preserve’, Map No. 185/80,039, dated April 1994, and on
file at the Alaska Regional Office of the National
Park Service and the offices of Gates of the Arctic
National Park and Preserve in Fairbanks, Alaska.
Written legal descriptions of these lands shall be prepared and made available in the above offices. In case
of any discrepancies, Map No. 185/80,039 shall be controlling.
‘‘(c) NATIONAL PARK SYSTEM WILDERNESS.—
‘‘(1) GATES OF THE ARTIC WILDERNESS.—[Amended
provisions listed in a Table of Wilderness Areas set
out under section 1132 of this title.]
‘‘(2) NOATAK NATIONAL PRESERVE.—[Amended this
section.]
‘‘(3) NOATAK WILDERNESS.—[Amended provisions
listed in a Table of Wilderness Areas set out under
section 1132 of this title.]
‘‘(d) CONFORMANCE WITH OTHER LAW.—
‘‘(1) ALASKA NATIVE CLAIMS SETTLEMENT ACT.—All of
the lands, or interests therein, conveyed to and received by Arctic Slope Regional Corporation or
Nunamiut Corporation pursuant to the Agreement
shall be deemed conveyed and received pursuant to
exchanges under section 22(f) of the Alaska Native
Claims Settlement Act, as amended (43 U.S.C. 1601,
1621(f)). All of the lands or interests in lands conveyed
pursuant to the Agreement shall be conveyed subject
to valid existing rights.
‘‘(2) ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT.—Except to the extent specifically set forth
in this section or the Agreement, nothing in this section or in the Agreement shall be construed to enlarge or diminish the rights, privileges, or obligations
of any person, including specifically the preference
for subsistence uses and access to subsistence resources provided under the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3101 et seq.).’’

§ 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

Page 320

is hereby established as Katmai National Preserve, both as generally depicted on map numbered 90,007, and dated July 1980; furthermore,
the monument is hereby redesignated as
‘‘Katmai National Park’’. The monument addition and preserve shall be managed for the
following purposes, among others: To protect
habitats for, and populations of, fish and wildlife including, but not limited to, high concentrations of brown/grizzly bears and their
denning areas; to maintain unimpaired the
water habitat for significant salmon populations; and to protect scenic, geological, cultural and recreational features.
(3)(a) Mount McKinley National Park, by the
addition of an area containing approximately
two million four hundred and twenty-six thousand acres of public land, and approximately
one million three hundred and thirty thousand
acres of additional public land is hereby established as Denali National Preserve, both as
generally
depicted
on
map
numbered
DENA–90,007, and dated July 1980 and the
whole is hereby redesignated as Denali National Park and Preserve. The park additions
and preserve shall be managed for the following purposes, among others: To protect and interpret the entire mountain massif, and additional scenic mountain peaks and formations;
and to protect habitat for, and populations of
fish and wildlife including, but not limited to,
brown/grizzly bears, moose, caribou, Dall
sheep, wolves, swans and other waterfowl; and
to provide continued opportunities, including
reasonable access, for mountain climbing,
mountaineering and other wilderness recreational activities. Subsistence uses by local
residents shall be permitted in the additions
to the park where such uses are traditional in
accordance with the provisions in subchapter
II of chapter 51 of this title.
(b) The Alaska Land Use Council shall, in
cooperation with the Secretary, conduct a
study of the Kantishna Hills and Dunkle Mine
areas of the park as generally depicted on a
map entitled ‘‘Kantishna Hills/Dunkle Mine
Study Area’’ dated October 1979, and report
thereon to the Congress not later than three
years from December 2, 1980. The study and report shall evaluate the resources of the area,
including but not limited to, fish and wildlife,
public recreation opportunities, wilderness potential, historic resources, and minerals, and
shall include those recommendations respecting resources and other relevant matters
which the Council determines are necessary.
In conjunction with the study required by this
section, the Council, in consultation with the
Secretary, shall compile information relating
to the mineral potential of the areas encompassed within the study, the estimated cost of
acquiring mining properties, and the environmental consequences of further mineral development.
(c) During the period of the study, no acquisition of privately owned land shall be permitted within the study area, except with the
consent of the owner, and the holders of valid
mining claims shall be permitted to operate
on their claims, subject to reasonable regulations designed to minimize damage to the en-

Page 321

TITLE 16—CONSERVATION

vironment: 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 lands or
claims will significantly impair important
scenic, wildlife, or recreational values of the
public lands which are the subject of the
study.
(Pub. L. 96–487, title II, § 202, Dec. 2, 1980, 94 Stat.
2382; Pub. L. 97–468, title VI, § 615(b)(5), Jan. 14,
1983, 96 Stat. 2578.)
AMENDMENTS
1983—Subsec. (3)(a). Pub. L. 97–468 struck out provision that the portion of the Alaska Railroad right-ofway within the park be subject to such laws and regulations applicable to the protection of fish and wildlife
and other park values as the Secretary, with the concurrence of the Secretary of Transportation, might determine.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 97–468 became effective on
date of transfer of Alaska Railroad to the State [Jan.
5, 1985], pursuant to section 1203 of Title 45, Railroads,
see section 615(b) of Pub. L. 97–468.
GLACIER BAY NATIONAL PARK BOUNDARY ADJUSTMENT
Pub. L. 105–317, Oct. 30, 1998, 112 Stat. 3002, provided
for exchange of land between United States and Alaska
no later than six months after issuance of license to
Gustavus Electric Company by the Federal Energy
Regulatory Commission (FERC) for construction and
operation of hydroelectric project; provided for approximately same amount of designated wilderness
after transfer as before it; provided environmental, economic, and other conditions on the transfer; provided
for role of FERC and Secretary of the Interior in land
exchange and hydroelectric project; and provided for
authorities and jurisdictions provided in Pub. L. 105–317
to continue in effect until modified or repealed by Congress.
KATMAI NATIONAL PARK LAND EXCHANGE
Pub. L. 105–277, div. A, § 101(e) [title I, § 135], Oct. 21,
1998, 112 Stat. 2681–231, 2681–264, provided that:
‘‘(a) RATIFICATION OF AGREEMENT.—
‘‘(1) RATIFICATION.—
‘‘(A) IN GENERAL.—The terms, conditions, procedures, covenants, reservations, and other provisions
set forth in the document entitled ‘Agreement for
the Sale, Purchase and Conveyance of Lands between the Heirs, Designees and/or Assigns of
Palakia Melgenak and the United States of America’ (hereinafter referred to in this section as the
‘Agreement’), executed by its signatories, including
the heirs, designees and/or assigns of Palakia
Melgenak (hereinafter referred to in this section as
the ‘Heirs’) effective on September 1, 1998 are authorized, ratified and confirmed, and set forth the
obligations and commitments of the United States
and all other signatories, as a matter of Federal
law.
‘‘(B) NATIVE ALLOTMENT.—Notwithstanding any
provision of law to the contrary, all lands described
in section 2(c) of the Agreement for conveyance to
the Heirs shall be deemed a replacement transaction under ‘An Act to relieve restricted Indians
in the Five Civilized Tribes whose nontaxable lands
are required for State, county or municipal improvements or sold to other persons or for other
purposes’ (25 U.S.C. 409a, 46 Stat. 1471), as amended,
and the Secretary shall convey such lands by a patent consistent with the terms of the Agreement and

§ 410hh–2

subject to the same restraints on alienation and
tax-exempt status as provided for Native allotments pursuant to ‘An Act authorizing the Secretary of the Interior to allot homesteads to the natives of Alaska’ (34 Stat. 197) [former 43 U.S.C. 270–1
to 270–3], as amended, repealed by section 18(a) [of]
the Alaska Native Claims Settlement Act (85 Stat.
710) [43 U.S.C. 1617(a)], with a savings clause for applications pending on December 18, 1971.
‘‘(C) LAND ACQUISITION.—Lands and interests in
land acquired by the United States pursuant to the
Agreement shall be administered by the Secretary
of the Interior (hereinafter referred to as the ‘Secretary’) as part of the Katmai National Park, subject to the laws and regulations applicable thereto.
‘‘(2) MAPS AND DEEDS.—The maps and deeds set
forth in the Agreement generally depict the lands
subject to the conveyances, the retention of consultation rights, the conservation easement, the access
rights, Alaska Native Allotment Act [34 Stat. 197]
status, and the use and transfer restrictions.
‘‘(b) KATMAI NATIONAL PARK AND PRESERVE WILDERNESS.—Upon the date of closing of the conveyance of
the approximately 10 acres of Katmai National Park
Wilderness lands to be conveyed to the Heirs under the
Agreement, the following lands shall hereby be designated part of the Katmai Wilderness as designated by
section 701(4) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 1132 note; 94 Stat. 2417):
‘‘A strip of land approximately one half mile long and
165 feet wide lying within Section 1, Township 24
South, Range 33 West, Seward Meridian, Alaska, the
center line of which is the center of the unnamed
stream from its mouth at Geographic Harbor to the
north line of said Section 1. Said unnamed stream
flows from the unnamed lake located in Sections 25
and 26, Township 23 South, Range 33 West, Seward
Meridian. This strip of land contains approximately
10 acres.
‘‘(c) AVAILABILITY OF APPROPRIATION.—None of the
funds appropriated in this Act or any other Act hereafter enacted for the implementation of the Agreement
may be expended until the Secretary determines that
the Heirs have signed a valid and full relinquishment
and release of any and all claims described in section
2(d) of the Agreement.
‘‘(d) GENERAL PROVISIONS.—
‘‘(1) All of the lands designated as Wilderness pursuant to this section shall be subject to any valid existing rights.
‘‘(2) Subject to the provisions of the Alaska National Interest Lands Conservation Act [see Short
Title note set out under section 3101 of this title], the
Secretary shall ensure that the lands in the Geographic Harbor area not directly affected by the
Agreement remain accessible for the public, including its mooring and mechanized transportation needs.
‘‘(3) The Agreement shall be placed on file and
available for public inspection at the Alaska Regional Office of the National Park Service, at the office of the Katmai National Park and Preserve in
King Salmon, Alaska, and at least one public facility
managed by the Federal, State or local government
located in each of Homer, Alaska, and Kodiak, Alaska
and such other public facilities which the Secretary
determines are suitable and accessible for such public
inspections. In addition, as soon as practicable after
enactment of this provision [Oct. 21, 1998], the Secretary shall make available for public inspection in
those same offices, copies of all maps and legal descriptions of lands prepared in implementing either
the Agreement or this section. Such legal descriptions shall be published in the Federal Register and
filed with the Speaker of the House of Representatives and the President of the Senate.’’

§ 410hh–2. Administration; hunting and subsistence uses; admission fees
Subject to valid existing rights, the Secretary
shall administer the lands, waters, and interests

§ 410hh–3

TITLE 16—CONSERVATION

therein added to existing areas or established by
the foregoing sections of this subchapter as new
areas of the National Park System, pursuant to
the provisions of sections 1, 2, 3, and 4 of this
title, as amended and supplemented, and, as appropriate, under section 3201 of this title and the
other applicable provisions of this Act: Provided,
however, That hunting shall be permitted in
areas designated as national preserves under the
provisions of this Act. Subsistence uses by local
residents shall be allowed in national preserves
and, where specifically permitted by this Act, in
national monuments and parks. Lands, waters,
and interests therein withdrawn or reserved for
the former Katmai and Glacier Bay National
Monuments are hereby incorporated within and
made a part of Katmai National Park or Glacier
Bay National Park, as appropriate. Any funds
available for the purposes of such monuments
are hereby made available for the purposes of
Katmai National Park and Preserve or Glacier
Bay National Park and Preserve, as appropriate.
Notwithstanding any other provision of law, no
fees shall be charged for entrance or admission
to any unit of the National Park System located
in Alaska.
(Pub. L. 96–487, title II, § 203, Dec. 2, 1980, 94 Stat.
2383.)
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 96–487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska
National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short
Title note set out under section 3101 of this title and
Tables.
ENVIRONMENTAL IMPACT STATEMENT ON EFFECTS OF
1996 INCREASES IN VESSEL ENTRIES FOR GLACIER BAY
NATIONAL PARK AND PRESERVE
Pub. L. 107–63, title I, § 130, Nov. 5, 2001, 115 Stat. 442,
provided that: ‘‘From within funds available to the National Park Service, such sums as may be necessary
shall be used for expenses necessary to complete and
issue, no later than January 1, 2004, an Environmental
Impact Statement (EIS) to identify and analyze the
possible effects of the 1996 increases in the number of
vessel entries issued for Glacier Bay National Park and
Preserve: Provided, That such EIS, upon its completion,
shall be used by the Secretary to set the maximum
level of vessel entries: Provided further, That until the
Secretary sets the level of vessel entries based on the
new EIS, the number of vessel entries into the Park
shall be the same as that in effect during the 2000 calendar year and the National Park Service approval of
modified Alternative 5 and promulgation of the final
rule issued on May 30, 1996, relating to vessel entries,
including the number of such entries, for Glacier Bay
National Park and Preserve are hereby approved and
shall be in effect notwithstanding any other provision
of law until the Secretary sets the maximum level of
vessel entries consistent with this section: Provided further, That nothing in this section shall preclude the
Secretary from suspending or revoking any vessel
entry if the Secretary determines that it is necessary
to protect Park resources.’’

§ 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
[43
U.S.C.
1616(d)(2)(E)], within the boundaries of the
Wrangell-Saint Elias National Park and Pre-

Page 322

serve as established under this Act, are hereby
recognized and shall be honored and conveyed by
the Secretary in accordance with the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et
seq.] and this Act.
(Pub. L. 96–487, title II, § 204, Dec. 2, 1980, 94 Stat.
2384.)
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred
to in text, is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688,
as amended, which is classified generally to chapter 33
(§ 1601 et seq.) of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title
note set out under section 1601 of Title 43 and Tables.
This Act, referred to in text, is Pub. L. 96–487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska
National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short
Title note set out under section 3101 of this title and
Tables.

§ 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.
(Pub. L. 96–487, title II, § 205, Dec. 2, 1980, 94 Stat.
2384.)
GLACIER BAY NATIONAL PARK RESOURCE MANAGEMENT
Pub. L. 106–455, Nov. 7, 2000, 114 Stat. 1953, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Glacier Bay National
Park Resource Management Act of 2000’.
‘‘SEC. 2. DEFINITIONS.
‘‘As used in this Act—
‘‘(1) the term ‘local residents’ means those persons
living within the vicinity of Glacier Bay National
Park and Preserve, including but not limited to the
residents of Hoonah, Alaska, who are descendants of
those who had an historic and cultural tradition of
sea gull egg gathering within the boundary of what is
now Glacier Bay National Park and Preserve;
‘‘(2) the term ‘outer waters’ means all of the marine
waters within the park outside of Glacier Bay proper;
‘‘(3) the term ‘park’ means Glacier Bay National
Park;
‘‘(4) the term ‘Secretary’ means the Secretary of
the Interior; and
‘‘(5) the term ‘State’ means the State of Alaska.
‘‘SEC. 3. COMMERCIAL FISHING.
‘‘(a) IN GENERAL.—The Secretary shall allow for commercial fishing in the outer waters of the park in accordance with the management plan referred to in subsection (b) in a manner that provides for the protection
of park resources and values.
‘‘(b) MANAGEMENT PLAN.—The Secretary and the
State shall cooperate in the development of a manage-

Page 323

TITLE 16—CONSERVATION

ment plan for the regulation of commercial fisheries in
the outer waters of the park in accordance with existing Federal and State laws and any applicable international conservation and management treaties.
‘‘(c) SAVINGS.—(1) Nothing in this Act shall alter or
affect the provisions of section 123 of the Department of
the Interior and Related Agencies Appropriations Act
for Fiscal Year 1999 (Public Law 105–277) [set out as a
note below], as amended by section 501 of the 1999
Emergency Supplemental Appropriations Act (Public
Law 106–31).
‘‘(2) Nothing in this Act shall enlarge or diminish
Federal or State title, jurisdiction, or authority with
respect to the waters of the State of Alaska, the waters
within Glacier Bay National Park and Preserve, or
tidal or submerged lands.
‘‘(d) STUDY.—(1) Not later than one year after the
date funds are made available, the Secretary, in consultation with the State, the National Marine Fisheries
Service, the International Pacific Halibut Commission,
and other affected agencies shall develop a plan for a
comprehensive multi-agency research and monitoring
program to evaluate the health of fisheries resources in
the park’s marine waters, to determine the effect, if
any, of commercial fishing on—
‘‘(A) the productivity, diversity, and sustainability
of fishery resources in such waters; and
‘‘(B) park resources and values.
‘‘(2) The Secretary shall promptly notify the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Resources [now
Committee on Natural Resources] of the United States
House of Representatives upon the completion of the
plan.
‘‘(3) The Secretary shall complete the program set
forth in the plan not later than seven years after the
date the congressional committees are notified pursuant to paragraph (2), and shall transmit the results of
the program to such committees on a biennial basis.
‘‘SEC. 4. SEA GULL EGG COLLECTION STUDY.
‘‘(a) STUDY.—The Secretary, in consultation with
local residents, shall undertake a study of sea gulls living within the park to assess whether sea gull eggs can
be collected on a limited basis without impairing the
biological sustainability of the sea gull population in
the park. The study shall be completed no later than
two years after the date funds are made available.
‘‘(b) RECOMMENDATIONS.—If the study referred to in
subsection (a) determines that the limited collection of
sea gull eggs can occur without impairing the biological sustainability of the sea gull population in the
park, the Secretary shall submit recommendations for
legislation to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Resources [now Committee on Natural Resources] of the United States House of Representatives.
‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated such sums as
are necessary to carry out this Act.’’
COMMERCIAL FISHING IN GLACIER BAY NATIONAL PARK
Pub. L. 105–277, div. A, § 101(e) [title I, § 123], Oct. 21,
1998, 112 Stat. 2681–231, 2681–259, as amended by Pub. L.
106–31, title I, § 501(a)–(c), May 21, 1999, 113 Stat. 72, 73,
provided that:
‘‘(a) GENERAL.—
‘‘(1) The Secretary of the Interior and the State of
Alaska shall cooperate in the development of a management plan for the regulation of commercial fisheries in Glacier Bay National Park pursuant to existing State and Federal statutes and any applicable
international conservation and management treaties.
Such management plan shall provide for commercial
fishing in the marine waters within Glacier Bay National Park outside of Glacier Bay Proper, and in the
marine waters within Glacier Bay Proper as specified
in paragraphs (a)(2) through (a)(5), and shall provide
for the protection of park values and purposes, for

§ 410hh–4

the prohibition of any new or expanded fisheries, and
for the opportunity for the study of marine resources.
‘‘(2) In the nonwilderness waters within Glacier Bay
Proper, commercial fishing shall be limited, by
means of non-transferable lifetime access permits,
solely to individuals who—
‘‘(A) hold a valid commercial fishing permit for a
fishery in a geographic area that includes the nonwilderness waters within Glacier Bay Proper;
‘‘(B) provide a sworn and notarized affidavit and
other available corroborating documentation to the
Secretary of the Interior sufficient to establish
that such individual engaged in commercial fishing
for halibut, tanner crab, or salmon in Glacier Bay
Proper during qualifying years which shall be established by the Secretary of the Interior within
one year of the date of the enactment of this Act
[Oct. 21, 1998]; and
‘‘(C) fish only with—
‘‘(i) longline gear for halibut;
‘‘(ii) pots or ring nets for tanner crab; or
‘‘(iii) trolling gear for salmon.
‘‘(3) With respect to the individuals engaging in
commercial fishing in Glacier Bay Proper pursuant to
paragraph (2), no fishing shall be allowed in the West
Arm of Glacier Bay Proper (West Arm) north of 58 degrees, 50 minutes north latitude, except for trolling
for king salmon during the period from October 1
through April 30. The waters of Johns Hopkins Inlet,
Tarr Inlet and Reid Inlet shall remain closed to all
commercial fishing.
‘‘(4) With respect to the individuals engaging in
commercial fishing in Glacier Bay Proper pursuant to
paragraph (2), no fishing shall be allowed in the East
Arm of Glacier Bay Proper (East Arm) north of a line
drawn from Point Caroline, through the southern end
of Garforth Island to the east side of Muir Inlet, except that trolling for king salmon during the period
from October 1 through April 30 shall be allowed
south of a line drawn across Muir Inlet at the southernmost point of Adams Inlet.
‘‘(5) With respect to the individuals engaging in
commercial fishing in Glacier Bay Proper pursuant to
paragraph (2), no fishing shall be allowed in Geikie
Inlet.
‘‘(b) THE BEARDSLEE ISLANDS AND UPPER DUNDAS
BAY.—Commercial fishing is prohibited in the designated wilderness waters within Glacier Bay National
Park and Preserve, including the waters of the Beardslee Islands and Upper Dundas Bay. Any individual
who—
‘‘(1) on or before August 1, 1999, provides a sworn
and notarized affidavit and other available corroborating documentation to the Secretary of the Interior
sufficient to establish that he or she has engaged in
commercial fishing for Dungeness crab in the designated wilderness waters of the Beardslee Islands or
Dundas Bay within Glacier Bay National Park pursuant to a valid commercial fishing permit in at least
six of the years during the period 1987 through 1998;
‘‘(2) at the time of receiving compensation based on
the Secretary of the Interior’s determination as described below—
‘‘(A) agrees in writing not to engage in commercial fishing for Dungeness crab within Glacier Bay
Proper;
‘‘(B) relinquishes to the State of Alaska for the
purposes of its retirement any commercial fishing
permit for Dungeness crab for areas within Glacier
Bay Proper;
‘‘(C) at the individual’s option, relinquishes to the
United States the Dungeness crab pots covered by
the commercial fishing permit; and
‘‘(D) at the individual’s option, relinquishes to
the United States the fishing vessel used for Dungeness crab fishing in Glacier Bay Proper; and
‘‘(3) holds a current valid commercial fishing permit that allows such individual to engage in commercial fishing for Dungeness crab in Glacier Bay National Park,

§ 410hh–5

TITLE 16—CONSERVATION

shall be eligible to receive from the United States compensation that is the greater of (i) $400,000, or (ii) an
amount equal to the fair market value (as of the date
of relinquishment) of the commercial fishing permit for
Dungeness crab, together with an amount equal to the
present value of the foregone net income from commercial fishing for Dungeness crab for for [sic] the period
beginning January 1, 1999 that is equivalent in length
to the period established by such individual under paragraph (1), based on the individual’s net earnings from
the Dungeness crab fishery during such established period. In addition, such individual shall be eligible to receive from the United States fair market value for any
Dungeness crab pots, related gear, and not more than
one Dungeness crab fishing vessel if such individual
chooses to relinquish to the United States such pots,
related gear, or vessel. Any individual seeking such
compensation shall provide the consent necessary for
the Secretary of the Interior to verify such net earnings in the fishery. The Secretary of the Interior’s determination of the amount to be paid shall be completed and payment shall be made within six months
from the date of application by the individuals described in this subsection and shall constitute final
agency action subject to review pursuant to the Administrative Procedures [Procedure] Act [5 U.S.C. 551 et
seq.; 701 et seq.] in the United States District Court for
the District of Alaska.
‘‘(c) OTHERS AFFECTED BY FISHERY CLOSURES AND RESTRICTIONS.—The Secretary of the Interior is authorized to provide $23,000,000 for a program developed with
the concurrence of the State of Alaska to fairly compensate United States fish processors, fishing vessel
crew members, communities, and others negatively affected by restrictions on fishing in Glacier Bay National Park. For the purpose of receiving compensation
under the program required by this subsection, a potential recipient shall provide a sworn and notarized affidavit to establish the extent of such negative effect.
‘‘(d) DEFINITION AND SAVINGS CLAUSE.—
‘‘(1) As used in this section, the term ‘Glacier Bay
Proper’ shall mean the marine waters within Glacier
Bay, including coves and inlets, north of a line drawn
from Point Gustavus to Point Carolus.
‘‘(2) Nothing in this section is intended to enlarge
or diminish Federal or State title, jurisdiction, or authority with respect to the waters of the State of
Alaska, the waters within the boundaries of Glacier
Bay National Park, or the tidal or submerged lands
under any provision of State or Federal law.
‘‘(e) IMPLEMENTATION AND EFFECTIVE DATE.—The Secretary of the Interior shall publish an interim final rule
for the Federal implementation of paragraphs (2)
through (5) of subsection (a) and shall provide an opportunity for public comment of no less than 45 days on
such interim final rule. The final rule for the Federal
implementation of paragraphs (2) through (5) of subsection (a) shall be published in the Federal Register no
later than September 30, 1999 and shall take effect on
September 30, 1999, except that the limitations in paragraphs (3) through (5) of such subsection shall not apply
with respect to halibut fishing until November 15, 1999
or salmon troll fishing until December 31, 1999. In the
event that any individual eligible for compensation
under subsection (b) has not received full compensation
by June 15, 1999, the Secretary shall provide partial
compensation on such date to such individual and shall
expeditiously provide full compensation thereafter.’’

§ 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

Page 324

under the United States mining laws, disposition under the mineral leasing laws, and from
future selections by the State of Alaska and Native Corporations.
(Pub. L. 96–487, title II, § 206, Dec. 2, 1980, 94 Stat.
2384.)
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 96–487, Dec. 2,
1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short Title note set
out under section 3101 of this title and Tables.

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 and surrounding areas; to
provide for the preservation and interpretation
of these resources; and to facilitate research activities associated with these resources.
(Pub. L. 96–550, title V, § 501, Dec. 19, 1980, 94
Stat. 3227; Pub. L. 104–11, § 2, May 18, 1995, 109
Stat. 158.)
AMENDMENTS
1995—Subsec. (b). Pub. L. 104–11 substituted ‘‘San
Juan Basin and surrounding areas’’ for ‘‘San Juan
Basin’’.
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–413, § 1, Oct. 30, 2004, 118 Stat. 2325, provided that: ‘‘This Act [enacting provisions set out as a
note under section 410ii–6 of this title] may be cited as
the ‘Hibben Center Act’.’’
SHORT TITLE OF 1995 AMENDMENT
Section 1 of Pub. L. 104–11 provided that: ‘‘This Act
[amending this section and sections 410ii–1, 410ii–3, and
410ii–5 of this title] may be cited as the ‘Chacoan Outliers Protection Act of 1995’.’’

Page 325
§ 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
(1) Thirty-nine outlying sites as generally depicted on a map entitled ‘‘Chaco Culture Archeological Protection Sites’’, numbered 310/
80,033–B and dated September 1991, are hereby
designated as ‘‘Chaco Culture Archeological
Protection Sites’’. The thirty-nine archeological
protection sites totaling approximately 14,372
acres 1 identified as follows:
Name:

Acres

Allentown ............................................
Andrews Ranch ....................................
Bee Burrow ..........................................
Bisa’ani ................................................
Casa del Rio .........................................
Casamero .............................................
Chimney Rock .....................................
Coolidge ...............................................
Dalton Pass ..........................................
Dittert .................................................
Great Bend ...........................................
Greenlee Ruin ......................................
Grey Hill Spring ..................................
Guadalupe ............................................
Halfway House .....................................
Haystack ..............................................
Hogback ...............................................
Indian Creek ........................................
Jaquez ..................................................
Kin Nizhoni ..........................................
Lake Valley .........................................
Manuelito-Atsee Nitsaa .......................
Manuelito-Kin Hochoi .........................
Morris 41 ..............................................
Muddy Water .......................................
Navajo Springs .....................................
Newcomb ..............................................
Peach Springs ......................................
Pierre’s Site .........................................
Raton Well ...........................................
Salmon Ruin ........................................
San Mateo ............................................
Sanostee ..............................................
Section 8 ..............................................
Skunk Springs/Crumbled House ..........
Standing Rock .....................................
Toh-la-kai ............................................
Twin Angeles .......................................
Upper Kin Klizhin ................................

380
950
480
131
40
160
3,160
450
135
480
26
60
23
115
40
565
453
100
66
726
30
60
116
85
1,090
260
50
1,046
440
23
5
61
1,565
10
533
348
10
40
60.

(2) The map referred to in paragraph (1) shall
be kept on file and available for public inspec1 So

§ 410ii–3

TITLE 16—CONSERVATION

in original. Probably should be ‘‘acres are’’.

tion in the appropriate offices of the National
Park Service, the office of the State Director of
the Bureau of Land Management located in
Santa Fe, New Mexico, the office of the Area Director of the Bureau of Indian Affairs located in
Window Rock, Arizona, and the offices of the
Arizona and New Mexico State Historic Preservation Officers.
(Pub. L. 96–550, title V, § 502, Dec. 19, 1980, 94
Stat. 3227; Pub. L. 104–11, § 3, May 18, 1995, 109
Stat. 158.)
AMENDMENTS
1995—Subsec. (b). Pub. L. 104–11 designated existing
provisions as par. (1), increased number of outlying protection sites from 33 to 39, updated number designation
and date on site designation maps, increased total acreage from 8,771 to 14,372 acres, and added par. (2).

§ 410ii–2. Repealed. Pub. L. 104–333, div. I, title
VIII, § 814(d)(1)(B), Nov. 12, 1996, 110 Stat.
4196
Section, Pub. L. 96–550, title V, § 503, Dec. 19, 1980, 94
Stat. 3228, related to additions and deletions to Chaco
Culture Archeological Protection Sites.

§ 410ii–3. Acquisition of properties
(a) Methods of acquisition
The Secretary is authorized to acquire lands,
waters, and interests therein within the boundaries of the Chaco Culture National Historical
Park (hereinafter referred to as the ‘‘park’’) and
the archeological protection sites as identified
in section 410ii–1 of this title by donation, purchase with donated or appropriated funds, or exchange. Property owned by the State of New
Mexico or any political subdivision thereof, may
be acquired by exchange or donation only. Property held in trust for the benefit of any Indian
tribe or for the benefit of any individual member
thereof may be acquired only with the consent
of such owner or beneficial owner as the case
may be.
(b) Conveyance by tribal authorities
The respective tribal authorities are authorized to convey by exchange, purchase, on 1 donation the beneficial interest in any lands designated by section 410ii–1 of this title and held
in trust by the United States for the respective
tribes, to the Secretary, subject to such terms
and conditions as the tribal authority deems
necessary and which the Secretary deems are
consistent with the purposes of this subchapter.
(c) Private properties; acquisition by exchange
and cooperative agreements
(1) The Secretary shall attempt to acquire private lands or interests therein by exchange prior
to acquiring lands by any other method authorized pursuant to this section.
(2) The Secretary shall seek to use a combination of land acquisition authority under this
section and cooperative agreements (pursuant to
section 410ii–4 of this title) to accomplish the
purposes of archeological resource protection at
those sites described in section 410ii–1(b) of this
title that remain in private ownership.
1 So

in original. Probably should be ‘‘or’’.

§ 410ii–4

TITLE 16—CONSERVATION

(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
any 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 subchapter. Any lands so
excluded shall be managed by the Secretary
under the provisions of the Federal Land Policy
and Management Act of 1976 [43 U.S.C. 1701 et
seq.]. Transfer of administration of such lands
to the Bureau of Land Management shall not be
considered a withdrawal as that term is defined
in section 103(j) of the Federal Land Policy and
Management Act of 1976 [43 U.S.C. 1702(j)].
(Pub. L. 96–550, title V, § 504, Dec. 19, 1980, 94
Stat. 3228; Pub. L. 104–11, § 4, May 18, 1995, 109
Stat. 159.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (e), is Pub. L. 94–579, Oct. 21,
1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.
AMENDMENTS
1995—Subsec. (c)(2). Pub. L. 104–11 amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
‘‘The Secretary shall attempt to enter into cooperative
agreements pursuant to section 410ii–4 of this title with
owners of private property for those archeological protection sites described in section 410ii–1(b) of this title.
The Secretary shall acquire fee title to any such private property only if it is necessary to prevent direct
and material damage to, or destruction of, Chaco cultural resources and no cooperative agreement with the
owner of the private property interest can be affected.’’

§ 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

Page 326

beneficial owners, of the properties located in
whole in or in part within the park or the archeological protection sites. The purposes of
such agreements shall be to protect, preserve,
maintain, and administer the archeological resources and associated site regardless of whether title to the property or site is vested in the
United States. Any such agreement shall contain provisions to assure that (1) the Secretary,
or his representative, shall have a right of access at all reasonable times to appropriate portions of the property for the purpose of cultural
resource protection and conducting research,
and (2) no changes or alterations shall be permitted with respect to the cultural resources
without the written consent of the Secretary.
Nothing in this subchapter shall be deemed to
prevent the continuation of traditional Native
American religious uses of properties which are
the subject of cooperative agreements.
(Pub. L. 96–550, title V, § 505, Dec. 19, 1980, 94
Stat. 3229.)
§ 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 sections 1, 2, 3, and 4 of this
title and sections 461 to 467 of this title.
(b) Protection, preservation, and maintenance of
cultural resources
The Secretary shall protect, preserve, maintain, and administer the Chaco Culture Archeological Protection Sites, in a manner that will
preserve the Chaco cultural resource and provide for its interpretation and research. Such
sites shall be managed by the Secretary in accordance with the provisions of this subchapter
and the provisions of law generally applicable to
public lands as defined in section 1702(e) of title
43: Provided, however, That lands held in trust by
the Secretary for an Indian tribe or any individual member thereof, or held in restricted fee
status shall continue to be so managed or held
by the Secretary.
(c) Activities endangering cultural values prohibited
No activities shall be permitted upon the
upper surface of the archeological protection
sites which shall endanger their cultural values.
For the purposes of this subchapter, upper surface shall be considered to extend to a depth of
twenty meters below ground level. Nothing in
this subchapter shall be deemed to prevent exploration and development of subsurface oil and
gas, mineral, and coal resources from without
the sites which does not infringe upon the upper
surface of the sites.
(d) Livestock grazing permitted
Nothing in this subchapter shall be deemed to
prevent the continuation of livestock grazing on
properties which are the subject of cooperative
agreements.
(e) General management plan; transmittal to
Congress
Within three complete fiscal years from December 19, 1980, the Secretary shall transmit to

Page 327

§ 410ii–6

TITLE 16—CONSERVATION

the Committee on Interior and Insular Affairs of
the United States House of Representatives and
the Committee on Energy and Natural Resources of the United States Senate, a general
management plan for the identification, research, and protection of the park, pursuant to
the provisions of section 1a–7(b) of this title, to
be developed by the Director, National Park
Service, in consultation with the Directors, Bureau of Land Management and Bureau of Indian
Affairs and the Governor, State of New Mexico,
and a joint management plan for the identification, research, and protection of the archeological protection sites, to be developed by the Director, National Park Service, in consultation
and concurrence with the Directors, Bureau of
Land Management and Bureau of Indian Affairs,
and the Governor, State of New Mexico.
(f) Assistance to Navajo Nation
The Secretary, acting through the Director of
the National Park Service, shall assist the Navajo Nation in the protection and management of
those Chaco Culture Archeological Protection
Sites located on land under the jurisdiction of
the Navajo Nation through a grant, contract, or
cooperative agreement entered into pursuant to
the Indian Self-Determination and Education
Act (Public Law 93–638), as amended [25 U.S.C.
450 et seq.], to assist the Navajo Nation in site
planning, resource protection, interpretation,
resource management actions, and such other
purposes as may be identified in such grant, contract, or cooperative agreement. This cooperative assistance shall include assistance with the
development of a Navajo facility to serve those
who seek to appreciate the Chacoan Outlier
Sites.
(Pub. L. 96–550, title V, § 506, Dec. 19, 1980, 94
Stat. 3229; Pub. L. 104–11, § 5, May 18, 1995, 109
Stat. 159.)
REFERENCES IN TEXT
The Indian Self-Determination and Education Act,
referred to in subsec. (f), probably means the Indian
Self-Determination and Education Assistance Act, Pub.
L. 93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, which
is classified principally to subchapter II (§ 450 et seq.) of
chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set
out under section 450 of Title 25 and Tables.
AMENDMENTS
1995—Subsec. (f). Pub. L. 104–11 added subsec. (f).
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.

§ 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 computergenerated data base of the San Juan Basin, and
make such information available to Federal and
private groups when to do so will assist such
groups in the preservation, management, and
development of the resources of the basin.
(c) Opportunity for Secretary to comment on
proposed expenditures and permits
The head of any Federal agency having direct
or indirect jurisdiction over a proposed Federal
or federally assisted undertaking with respect to
the lands and waters in the archeological protection sites, and the head of any Federal agency having authority to license or permit any
undertaking with respect to such lands and waters, shall prior to the approval of the expenditure of any Federal funds on such undertaking,
or prior to the issuance of any license or permit,
as the case may be, afford the Secretary a reasonable opportunity to comment in writing with
regard to such undertaking and its effect upon
such sites, and shall give due consideration to
any comments made by the Secretary and to the
effect of such undertaking on the purposes for
which such sites are established.
(Pub. L. 96–550, title V, § 507, Dec. 19, 1980, 94
Stat. 3230.)
REFERENCES IN TEXT
The effective date of this section, referred to in subsec. (a), probably means the date of enactment of Pub.
L. 96–550, which was approved Dec. 19, 1980.
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.
COOPERATIVE AGREEMENTS FOR CURATION AND
RESEARCH
Pub. L. 108–413, § 4, Oct. 30, 2004, 118 Stat. 2325, provided that: ‘‘The Secretary [of the Interior] may enter
into cooperative agreements with the University of
New Mexico, Federal agencies, and Indian tribes for the
curation of and conduct of research on artifacts, and to
encourage collaborative management of the Chacoan
archaeological artifacts associated with northwestern
New Mexico.’’

§ 410ii–7

TITLE 16—CONSERVATION

§ 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.
(Pub. L. 96–550, title V, § 508, Dec. 19, 1980, 94
Stat. 3231.)
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’’).
(Pub. L. 96–565, title I, § 101, Dec. 22, 1980, 94 Stat.
3321.)
§ 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.
(Pub. L. 96–565, title I, § 102, Dec. 22, 1980, 94 Stat.
3321.)
§ 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.

Page 328

(Pub. L. 96–565, title I, § 103, Dec. 22, 1980, 94 Stat.
3321.)
§ 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.
(Pub. L. 96–565, title I, § 104, Dec. 22, 1980, 94 Stat.
3321; Pub. L. 100–202, § 101(g) [title I, § 100], Dec.
22, 1987, 101 Stat. 1329–213, 1329–220.)
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 Pub. L. 98–506, § 2, Oct. 19, 1984,
98 Stat. 2338.
The Hawaiian Homes Commission Act of 1920, referred to in subsec. (a), probably means the Hawaiian
1 So

in original. Probably should be ‘‘section’’.
References in Text note below.

2 See

Page 329

§ 410jj–5

TITLE 16—CONSERVATION

Homes Commission Act, 1920, act July 9, 1921, ch. 42, 42
Stat. 108, as amended, which was classified generally to
sections 691 to 718 of Title 48, Territories and Insular
Possessions, and was omitted from the Code.
AMENDMENTS
1987—Subsec. (a). Pub. L. 100–202 inserted at end ‘‘The
Secretary may lease from the Department of Hawaiian
Home Lands said trust lands until such time as said
lands may be acquired by exchange as set forth herein
or otherwise acquired. The Secretary may enter into
such a lease without regard to fiscal year limitations.’’

§ 410jj–4. Administration
(a) Laws governing
The Secretary shall administer the park in accordance with the provisions of sections 1, 2, 3,
and 4 of this title, and sections 461 to 467 of this
title, and the provisions of this Act.
(b) Emergency, temporary, and interim activities; cooperative agreements; expenditures;
rehabilitation projects
(1) With the approval of the owner thereof, the
Secretary may undertake critical or emergency
stabilization of utilities and historic structures,
develop and occupy temporary office space, and
conduct interim interpretive and visitor services
on non-Federal property within the park.
(2) The Secretary shall seek and may enter
into cooperative agreements with the owner or
owners of property within the park pursuant to
which the Secretary may preserve, protect,
maintain, construct, reconstruct, develop, improve, and interpret sites, facilities, and resources of historic, natural, architectural, and
cultural significance. Such agreements shall be
of not less than twenty years duration, may be
extended and amended by mutual agreement,
and shall include, without limitation, provisions
that the Secretary shall have the right of access
at reasonable times to public portions of the
property for interpretive and other purposes,
and that no changes or alterations shall be made
in the property except by mutual agreement.
Each such agreement shall also provide that the
owner shall be liable to the United States in an
amount equal to the fair market value of any
capital improvements made to or placed upon
the property in the event the agreement is terminated prior to its natural expiration, or any
extension thereof, by the owner, such value to
be determined as of the date of such termination, or, at the election of the Secretary, that
the Secretary be permitted to remove such capital improvements within a reasonable time of
such termination. Upon the expiration of such
agreement, the improvements thereon shall become the property of the owner, unless the
United States desires to remove such capital improvements and restore the property to its natural state within a reasonable time for such expiration.
(3) Except for emergency, temporary, and interim activities as authorized in paragraph (1) of
this subsection, no funds appropriated pursuant
to this Act shall be expended on non-Federal
property unless such expenditure is pursuant to
a cooperative agreement with the owner.
(4) The Secretary may stabilize and rehabilitate structures and other properties used for religious or sectarian purposes only if such prop-

erties constitute a substantial and integral part
of the historical fabric of the Kalaupapa settlement, and only to the extent necessary and appropriate to interpret adequately the nationally
significant historical features and events of the
settlement for the benefit of the public.
(Pub. L. 96–565, title I, § 105, Dec. 22, 1980, 94 Stat.
3322.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (b)(3), is Pub.
L. 96–565, Dec. 22, 1980, 94 Stat. 3321, which enacted this
subchapter and provisions set out as a note under section 2991a of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see
Tables.
MEMORIAL TO INDIVIDUALS FORCIBLY RELOCATED TO
KALAUPAPA PENINSULA
Pub. L. 111–11, title VII, § 7108, Mar. 30, 2009, 123 Stat.
1196, provided that:
‘‘(a) IN GENERAL.—The Secretary of the Interior shall
authorize Ka ‘Ohana O Kalaupapa, a non-profit organization consisting of patient residents at Kalaupapa National Historical Park, and their family members and
friends, to establish a memorial at a suitable location
or locations approved by the Secretary at Kalawao or
Kalaupapa within the boundaries of Kalaupapa National Historical Park located on the island of Molokai,
in the State of Hawaii, to honor and perpetuate the
memory of those individuals who were forcibly relocated to Kalaupapa Peninsula from 1866 to 1969.
‘‘(b) DESIGN.—
‘‘(1) IN GENERAL.—The memorial authorized by subsection (a) shall—
‘‘(A) display in an appropriate manner the names
of the first 5,000 individuals sent to the Kalaupapa
Peninsula between 1866 and 1896, most of whom
lived at Kalawao; and
‘‘(B) display in an appropriate manner the names
of the approximately 3,000 individuals who arrived
at Kalaupapa in the second part of its history, when
most of the community was concentrated on the
Kalaupapa side of the peninsula.
‘‘(2) APPROVAL.—The location, size, design, and inscriptions of the memorial authorized by subsection
(a) shall be subject to the approval of the Secretary
of the Interior.
‘‘(c) FUNDING.—Ka ‘Ohana O Kalaupapa, a nonprofit
organization, shall be solely responsible for acceptance
of contributions for and payment of the expenses associated with the establishment of the memorial.’’

§ 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

§ 410jj–6

TITLE 16—CONSERVATION

without regard to Federal fish and game laws
and regulations.
(5) Patients shall continue to have the right
to take and utilize plant and other natural resources for traditional purposes in accordance
with applicable State and Federal laws.
(Pub. L. 96–565, title I, § 106, Dec. 22, 1980, 94 Stat.
3323.)
§ 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).
(Pub. L. 96–565, title I, § 107, Dec. 22, 1980, 94 Stat.
3323.)
§ 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 de-

Page 330

velopment 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 on the date that
is 45 years after December 22, 1980.
(Pub. L. 96–565, title I, § 108, Dec. 22, 1980, 94 Stat.
3323; Pub. L. 109–54, title I, § 128, Aug. 2, 2005, 119
Stat. 525.)
REFERENCES IN TEXT
This Act, referred to in subsec. (c), is Pub. L. 96–565,
Dec. 22, 1980, 94 Stat. 3321, as amended, which enacted
this subchapter and provisions set out as a note under
section 2991a of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Tables.
AMENDMENTS
2005—Subsec. (e). Pub. L. 109–54 substituted ‘‘on the
date that is 45 years after’’ for ‘‘twenty-five years
from’’.

§ 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.
(Pub. L. 96–565, title I, § 109, Dec. 22, 1980, 94 Stat.
3324.)
§ 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.
(Pub. L. 96–565, title I, § 110, Dec. 22, 1980, 94 Stat.
3324.)
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

Page 331

TITLE 16—CONSERVATION

he shall deem necessary to provide adequate
public parking for visitors at a suitable location. The drawing shall be on file and available
for public inspection in the offices of the National Park Service, Department of the Interior.
When acquired such site shall be known as the
Lyndon B. Johnson National Historical Park.
(Pub. L. 91–134, § 1, Dec. 2, 1969, 83 Stat. 274; Pub.
L. 96–607, title VI, § 601(1), (3), Dec. 28, 1980, 94
Stat. 3540.)
AMENDMENTS
1980—Pub. L. 96–607 substituted ‘‘donated or appropriated funds’’ for ‘‘donated funds’’, ‘‘drawings entitled
‘Boundary Map, Lyndon B. Johnson National Historical
Park’, numbered 447–40,008B and 447–40,000A, and dated
January 1980’’ for ‘‘drawing entitled ‘Lyndon B. Johnson National Historic Site Boundary Map’, numbered
NHS–LBJ–20,000 and dated September 1969’’, and ‘‘Lyndon B. Johnson National Historical Park’’ for ‘‘Lyndon
B. Johnson National Historic Site’’.

§ 410kk–1. Administration
The Secretary shall administer the Lyndon B.
Johnson National Historical Park in accordance
with the provisions of sections 1, 2, 3, and 4 of
this title, as amended and supplemented, and
sections 461 to 467 of this title.
(Pub. L. 91–134, § 2, Dec. 2, 1969, 83 Stat. 274; Pub.
L. 96–607, title VI, § 601(3), Dec. 28, 1980, 94 Stat.
3540.)
AMENDMENTS
1980—Pub. L. 96–607 substituted ‘‘National Historical
Park’’ for ‘‘National Historic Site’’.

§ 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.
(Pub. L. 91–134, § 3, Dec. 2, 1969, 83 Stat. 274; Pub.
L. 96–87, title IV, § 403, Oct. 12, 1979, 93 Stat. 667;
Pub. L. 96–607, title VI, § 601(2), (3), Dec. 28, 1980,
94 Stat. 3540.)
AMENDMENTS
1980—Pub. L. 96–607 substituted ‘‘such sums as may be
necessary to carry out the provisions of sections 410kk
to 410kk–2 of this title, but not more than $4,100,000 for
development and not more than $1,400,000 for the acquisition of lands and interests therein for’’ for ‘‘not more
than $680,000 to provide for the development of’’ and
‘‘National Historical Park’’ for ‘‘National Historic
Site’’.
Pub. L. 96–87 increased appropriation authorization
from $180,000 to $680,000.

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

§ 410ll

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) Establishment
To carry out the purposes 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 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) McClintock House, 16 East Williams
Street, Waterloo;
(8) Hunt House, 401 East Main Street, Waterloo;
(9) not to exceed 1 acre, plus improvements,
as determined by the Secretary, in Seneca
Falls for development of a maintenance facility;
(10) dwelling, 1 Seneca Street, Seneca Falls;
(11) dwelling, 10 Seneca Street, Seneca Falls;
(12) parcels adjacent to Wesleyan Chapel
Block, including Clinton Street, Fall Street,
and Mynderse Street, Seneca Falls; and
(13) dwelling, 12 East Williams 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. Lands and
interests therein owned by a State or political
subdivision thereof may be acquired only by donation.
(e) Cooperative agreements
The Secretary is authorized to enter into cooperative agreements with the owners of prop-

§ 410ll

TITLE 16—CONSERVATION

erties designated as part of the park, pursuant
to which the Secretary may mark, interpret,
improve, restore, and provide technical assistance with respect to the preservation and interpretation of such properties. Such agreements
shall contain, but need not be limited to, provisions that the Secretary shall have the right of
access at reasonable times to public portions of
the property for interpretative and other purposes, and that no changes or alterations shall
be made in the property except by mutual agreement.
(f) State and local participation; financial assistance
The Secretary shall encourage State and local
governmental agencies to develop and implement plans for the preservation and rehabilitation of sites designated as part of the park and
their immediate environs, in order to preserve
the historic character of the setting in which
such sites are located. The Secretary may provide technical and financial assistance to such
agencies in the development and implementation of such plans, but financial assistance may
not exceed 50 per centum of the cost thereof.
(g) Administration
The Secretary shall administer the park in accordance with the provisions of this section and
the provisions of law generally applicable to the
administration of units of the National Park
System, including sections 1, 2, 3, and 4 of this
title and sections 461 to 467 of this title.
(h) Women’s Rights National Historical Park Advisory Commission; membership; Chair; compensation and expenses; function; consultation; termination
(1) There is hereby established the Women’s
Rights National Historical Park Advisory Commission (hereinafter referred to as the ‘‘Commission’’). The Commission shall consist of eleven
members, each appointed by the Secretary for a
term of five years as follows:
(A) One member appointed from recommendations submitted by the Elizabeth Cady
Stanton Foundation;
(B) One member appointed from recommendations submitted by the Women’s Hall of
Fame;
(C) Two members appointed from recommendations submitted by the Governor of New
York;
(D) One member appointed from recommendations submitted by the village of Seneca
Falls;
(E) One member appointed from recommendations submitted by the town of Seneca
Falls; and
(F) Five members appointed by the Secretary, at least one of whom shall represent an
institution of higher learning and at least two
of whom shall represent national women’s
rights organizations.
(2) The Secretary shall designate one member
to be the Chair of the Commission. Any vacancy
on the Commission shall be filled in the same
manner in which the original appointment was
made.
(3) Members of the Commission shall serve
without compensation as such, but the Sec-

Page 332

retary 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
(1) 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.
(2) In addition to those sums appropriated
prior to November 12, 1996, for land acquisition
and development, there is hereby authorized to
be appropriated an additional $2,000,000.
(Pub. L. 96–607, title XVI, § 1601, Dec. 28, 1980, 94
Stat. 3546; Pub. L. 98–402, Aug. 28, 1984, 98 Stat.
1478; Pub. L. 100–475, § 1, Oct. 6, 1988, 102 Stat.
2303; Pub. L. 104–333, div. I, title V, § 505, Nov. 12,
1996, 110 Stat. 4155; Pub. L. 106–258, § 1, Aug. 8,
2000, 114 Stat. 655.)
REFERENCES IN TEXT
The effective date of this section, referred to in subsec. (h)(5), probably means the date of enactment of
Pub. L. 96–607, which was approved Dec. 28, 1980.
AMENDMENTS
2000—Subsec. (c)(8). Pub. L. 106–258, § 1(b), substituted
‘‘Main’’ for ‘‘Williams’’.
Subsec. (d). Pub. L. 106–258, § 1(a), in first sentence
struck out before period at end ‘‘, 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’’ and struck out last
sentence which read as follows: ‘‘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.’’
1996—Subsec. (c). Pub. L. 104–333, § 505(a), inserted
heading and amended text generally. Prior to amendment, text read as follows: ‘‘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.’’
Subsec. (i). Pub. L. 104–333, § 505(b), designated existing provisions as par. (1) and added par. (2).
1988—Subsec. (i). Pub. L. 100–475 substituted
‘‘$700,000’’ for ‘‘$490,000’’.
1984—Subsec. (c)(8). Pub. L. 98–402, § 1(a), substituted
‘‘McClintock House and related structures, 14 and 16

Page 333

TITLE 16—CONSERVATION

East Williams Street’’ for ‘‘McClintock House, 16 East
Williams Street’’.
Subsec. (d). Pub. L. 98–402, § 1(b), substituted ‘‘paragraphs (7) and (9)’’ for ‘‘paragraphs (7) through (9)’’, and
inserted ‘‘Within two years of the acquisition of the
property listed in subsection (c)(8) of this section the
Secretary shall have removed all structures from the
property that are not relevant to the historic integrity
of the McClintock House.’’
GENERAL MANAGEMENT PLANS; SUBMITTAL TO
CONGRESSIONAL COMMITTEES
Section 501 of Pub. L. 96–607 directed Secretary of the
Interior, within three complete fiscal years from Dec.
28, 1980, to submit to Committee on Interior and Insular Affairs of the House of Representatives and the
Committee on Energy and Natural Resources of the
Senate, comprehensive general management plans for
the areas established pursuant to titles XII and XVI of
Pub. L. 96–607, pursuant to the provisions of section
1a–7(b) of this title.

§ 410ll–1. Votes for Women Trail
(a) Definitions
In this section:
(1) Park
The term ‘‘Park’’ means the Women’s Rights
National Historical Park established by section 410ll of this title.
(2) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Director of
the National Park Service.
(3) State
The term ‘‘State’’ means the State of New
York.
(4) Trail
The term ‘‘Trail’’ means the Votes for
Women History Trail Route designated under
subsection (b).
(b) Establishment of Trail Route
The Secretary, with concurrence of the agency
having jurisdiction over the relevant roads, may
designate a vehicular tour route, to be known as
the ‘‘Votes for Women History Trail Route’’, to
link properties in the State that are historically
and thematically associated with the struggle
for women’s suffrage in the United States.
(c) Administration
The Trail shall be administered by the National Park Service through the Park.
(d) Activities
To facilitate the establishment of the Trail
and the dissemination of information regarding
the Trail, the Secretary shall—
(1) produce and disseminate appropriate educational materials regarding the Trail, such as
handbooks, maps, exhibits, signs, interpretive
guides, and electronic information;
(2) coordinate the management, planning,
and standards of the Trail in partnership with
participating properties, other Federal agencies, and State and local governments;
(3) create and adopt an official, uniform
symbol or device to mark the Trail; and
(4) issue guidelines for the use of the symbol
or device adopted under paragraph (3).

§ 410mm

(e) Elements of Trail Route
Subject to the consent of the owner of the
property, the Secretary may designate as an official stop on the Trail—
(1) all units and programs of the Park relating to the struggle for women’s suffrage;
(2) other Federal, State, local, and privately
owned properties that the Secretary determines have a verifiable connection to the
struggle for women’s suffrage; and
(3) other governmental and nongovernmental facilities and programs of an educational, commemorative, research, or interpretive nature that the Secretary determines
to be directly related to the struggle for women’s suffrage.
(f) Cooperative agreements and memoranda of
understanding
(1) In general
To facilitate the establishment of the Trail
and to ensure effective coordination of the
Federal and non-Federal properties designated
as stops along the Trail, the Secretary may
enter into cooperative agreements and memoranda of understanding with, and provide technical and financial assistance to, other Federal agencies, the State, localities, regional
governmental bodies, and private entities.
(2) Authorization of appropriations
There are authorized to be appropriated to
the Secretary such sums as are necessary for
the period of fiscal years 2009 through 2013 to
provide financial assistance to cooperating entities pursuant to agreements or memoranda
entered into under paragraph (1).
(Pub. L. 96–607, title XVI, § 1602, as added Pub. L.
111–11, title VII, § 7111(a), Mar. 30, 2009, 123 Stat.
1199.)
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

§ 410mm–1

TITLE 16—CONSERVATION

under this section with the Committee on Interior and Insular Affairs of the United States
House of Representatives and with the Committee on Energy and Natural Resources of the
United States Senate. Such legal description
shall have the same force and effect as if included in this subchapter, except that the Secretary may correct clerical and typographical
errors in such legal description and in the map
referred to in subsection (a) of this section. The
legal description shall be on file and available
for public inspection in the offices of the National Park Service, Department of the Interior.
(d) Incorporation of Lehman Caves National
Monument within park
(1) The Lehman Caves National Monument,
designated on January 24, 1922, by Presidential
proclamation under the authority contained in
the Act of June 8, 1906 (34 Stat. 225) [16 U.S.C.
431, 432, 433] is hereby abolished and the lands incorporated within the Great Basin National
Park. Any reference in any law, map, regulation, document, record, or other paper of the
United States to such national monument shall
be deemed to be a reference to Great Basin National Park.
(2) Any funds available for purposes of the national monument shall be available for purposes
of the park.
(Pub. L. 99–565, § 2, Oct. 27, 1986, 100 Stat. 3181.)
REFERENCES IN TEXT
Act of June 8, 1906, referred to in subsec. (d)(1), is act
June 8, 1906, ch. 3060, 34 Stat. 225, known as the Antiquities Act of 1906, which is classified generally to sections 431, 432, and 433 of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 431 of this title and Tables.
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.
SHORT TITLE
Section 1 of Pub. L. 99–565 provided that: ‘‘This Act
[enacting this subchapter] may be known as the ‘Great
Basin National Park Act of 1986’.’’

§ 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 sections 1,
2, 3, and 4 of this title. The Secretary shall protect, manage, and administer the park in such
manner as to conserve and protect the scenery,
the natural, geologic, historic, and archaeological resources of the park, including fish and
wildlife and to provide for the public use and enjoyment of the same in such a manner as to perpetuate these qualities for future generations.
(b) Fishing
The Secretary shall permit fishing on lands
and waters under his jurisdiction within the
park in accordance with the applicable laws of

Page 334

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,1 shall be put into effect only
after consultation with the appropriate State
agency having jurisdiction over fishing activities.
(c) Preparation of management plan; submission
to Congress; amendment of plan
After notice and opportunity for public hearing, the Secretary shall prepare a management
plan for the park. The Secretary shall submit
such plan to the Committee on Interior and Insular Affairs of the United States House of Representatives and with the Committee on Energy
and Natural Resources of the United States Senate within three years after October 27, 1986.
Such plan may be amended from time to time.
The plan shall include, but not be limited to,
provisions related to grazing within the park to
the extent permitted under subsection (e) of this
section and provisions providing for the appropriate management of fish and wildlife and fishing within the park in accordance with subsection (b) of this section. Such provisions shall
be adopted only after consultation with the appropriate State agency having jurisdiction over
fish and wildlife.
(d) Withdrawal of lands from mining and mineral leasing
Subject to valid existing rights, Federal lands
and interests therein, within the park, are withdrawn from disposition under the public lands
laws and from entry or appropriation under the
mining laws of the United States, from the operation of the mineral leasing laws of the United
States, and from operation of the Geothermal
Steam Act of 1970, as amended [30 U.S.C. 1001 et
seq.].
(e) Grazing
Subject to such limitations, conditions, or
regulations as he may prescribe, the Secretary
may 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
(1) Exchanges
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 and grazing leases 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.
(2) Acquisition by donation
(A) In general
The Secretary may acquire by donation
valid existing permits and grazing leases authorizing grazing on land in the park.
1 So

in original. The comma probably should not appear.

Page 335

TITLE 16—CONSERVATION

(B) Termination
The Secretary shall terminate a grazing
permit or grazing lease acquired under subparagraph (A) so as to end grazing previously authorized by the permit or lease.
(g) Water-related range improvements
Existing water-related range improvements
inside the park may be maintained by the Secretary or the persons benefitting from them,
subject to reasonable regulation by the Secretary.
(h) Reservation to United States of new express
or implied water or water-related right not
established; exception
Nothing in this subchapter shall be construed
to establish a new express or implied reservation
to the United States of any water or water-related right with respect to the land described in
section 410mm of this title: Provided, That the
United States shall be entitled to only that express or implied reserved water right which may
have been associated with the initial establishment and withdrawal of Humboldt National Forest and the Lehman Caves National Monument
from the public domain with respect to the land
described in section 410mm of this title. No provision of this subchapter shall be construed as
authorizing the appropriation of water, except
in accordance with the substantive and procedural law of the State of Nevada.
(i) Cooperative agreements with Federal and
other agencies; interpretation of Great Basin
physiographic region
In order to encourage unified and cost-effective interpretation of the Great Basin physiographic region, the Secretary is authorized and
encouraged to enter into cooperative agreements with other Federal, State, and local public departments and agencies providing for the
interpretation of the Great Basin physiographic
region. Such agreements shall include, but not
be limited to, authority for the Secretary to develop and operate interpretive facilities and programs on lands and waters outside of the boundaries of such park, with the concurrence of the
owner or administrator thereof.
(Pub. L. 99–565, § 3, Oct. 27, 1986, 100 Stat. 3182;
Pub. L. 104–134, title I, § 101(c) [title III, § 319],
Apr. 26, 1996, 110 Stat. 1321–156, 1321–203; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996,
110 Stat. 1327.)
REFERENCES IN TEXT
The Geothermal Steam Act of 1970, as amended, referred to in subsec. (d), is Pub. L. 91–581, Dec. 24, 1970,
84 Stat. 1566, which is classified principally to chapter
23 (§ 1001 et seq.) of Title 30. For complete classification
of this Act to the Code, see Short Title note set out
under section 1001 of Title 30 and Tables.
AMENDMENTS
1996—Subsec. (e). Pub. L. 104–134, § 101(c) [title III,
§ 319(1)], substituted ‘‘may permit’’ for ‘‘shall permit’’
in first sentence.
Subsec. (f). Pub. L. 104–134, § 101(c) [title III, § 319(2)],
designated existing provisions as par. (1), inserted
heading, substituted ‘‘grazing permits and grazing
leases’’ for ‘‘grazing permits’’, and added par. (2).
CHANGE OF NAME
Committee on Interior and Insular Affairs of the
House of Representatives changed to Committee on

§ 410nn

Natural Resources of the House of Representatives on
Jan. 5, 1993, by House Resolution No. 5, One Hundred
Third Congress.

§ 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.
(Pub. L. 99–565, § 4, Oct. 27, 1986, 100 Stat. 3183.)
§ 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.
(Pub. L. 99–565, § 5, Oct. 27, 1986, 100 Stat. 3183.)
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 section 460l–9(c) of this title.

§ 410nn–1

TITLE 16—CONSERVATION

(c) Golden Gate National Recreation Area
The Secretary shall revise the boundaries of
the Golden Gate National Recreation Area to
exclude from the National Recreation Area the
area within the park (as depicted on the boundary map referred to in subsection (b) of this section). The Secretary shall transfer to the jurisdiction of the park all real and personal property of the United States administered by the
Secretary as part of the National Recreation
Area located within the boundaries of the park
(including the museum building), together with
all vessels, marine collections, libraries, historic
documents, equipment and other marine artifacts which are administered by the Secretary
as part of the National Recreation Area and
which relate to maritime history.
(d) Museum building
The building housing and displaying the marine collections, libraries, historic documents,
equipment, and marine artifacts shall be named
the ‘‘Sala Burton Building’’ and an appropriate
plaque with this designation shall be prominently displayed as part of the structure.
(Pub. L. 100–348, § 2, June 27, 1988, 102 Stat. 654;
Pub. L. 103–437, § 6(d)(11), Nov. 2, 1994, 108 Stat.
4584.)
REFERENCES IN TEXT
This subchapter, referred to in subsecs. (a) and (b),
was in the original ‘‘this Act’’, meaning Pub. L. 100–348,
June 27, 1988, 102 Stat. 654, known as the San Francisco
Maritime National Historical Park Act of 1988, which
enacted this subchapter and amended section 460bb–3 of
this title. For complete classification of this Act to the
Code, see Short Title note set out below and Tables.
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.
SHORT TITLE
Section 1 of Pub. L. 100–348 provided that: ‘‘This Act
[enacting this subchapter and amending section 460bb–3
of this title] may be cited as the ‘San Francisco Maritime National Historical Park Act of 1988’.’’

§ 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 sections 1,
2, 3, and 4 of this title, sections 461 to 467 of this
title, and the National Historic Preservation
Act [16 U.S.C. 470 et seq.]. The Secretary shall
manage the park in such manner as will preserve and perpetuate knowledge and understanding of American maritime history and to provide for public understanding and enjoyment of
maritime history.
(b) Donations
The Secretary may accept and retain donations of funds, property, or services from individuals, foundations, corporations, or public entities for the purpose of providing services and
facilities which he deems consistent with the
purposes of this subchapter.
(c) Leasing
The Secretary may lease any real or personal
property, including vessels and heavy marine

Page 336

equipment such as floating drydocks, which is
administered as part of the park. The net receipts from any such lease shall be credited in
accordance with section 460bb–3(f) of this title.
(d) Fees
Notwithstanding any other provision of law,
the Secretary may impose entrance fees for admission to the ships in such amounts as he
deems appropriate and may impose fees for the
use by groups or organizations of the ships. All
receipts from such fees shall be credited in accordance with section 460bb–3(f) of this title.
(e) General management plan
Within 2 years after establishment of the
park, the Secretary shall prepare and transmit
to the Committee on Interior and Insular Affairs
of the United States House of Representatives
and the Committee on Energy and Natural Resources of the United States Senate a general
management plan for the park. The plan shall
include, but not be limited to:
(1) a description of the resources of the park
including, but not limited to, maritime and
associated artifacts, documents, the following
historic vessels: the sailing ship Balclutha; the
steam schooner Wapama; the steamship SS
Jeremiah O’Brien; the ferry Eureka; the
schooner C.A. Thayer; the tug Ellpleton Hall;
the tug Hercules; and the scow schooner Alma,
and other real and personal property comprising the park collections such as written and illustrative material, objects, wrecks, small
watercraft, and vessels;
(2) plans for the preservation of each historic
vessel, including docking facilities, maintenance and ship repair facilities, and estimates
for the costs thereof; a determination of the
need for permanent docking facilities in a location best suited to the preservation of the
historic vessels and for visitor access to the
historic vessels; methods of accommodating
visitors while protecting the historic vessels;
and methods for providing for the proper care,
exhibition, and storage of the park collections;
(3) plans for the location, preliminary design, and estimated cost of public facilities to
be developed for the park, including a museum
building, visitor parking, and public transit
access; and
(4) Plans 1 for the interpretation of the historic vessels and park collections.
(Pub. L. 100–348, § 3, June 27, 1988, 102 Stat. 655.)
REFERENCES IN TEXT
The National Historic Preservation Act, referred to
in subsec. (a), is Pub. L. 89–665, Oct. 15, 1966, 80 Stat. 915,
as amended, which is classified generally to subchapter
II (§ 470 et seq.) of chapter 1A of this title. For complete
classification of this Act to the Code, see section 470(a)
of this title and Tables.
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.
1 So

in original. Probably should not be capitalized.

Page 337

TITLE 16—CONSERVATION

§ 410nn–3

§ 410nn–2. Acquisition of property

§ 410nn–3. Advisory Commission

(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) Property to carry out subchapter
(1) HISTORIC VESSELS AND OTHER PROPERTY.—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) ACQUISITION LIMITATION.—The Secretary
shall not acquire any historic vessel pursuant to
this subsection until the Secretary has notified
the Committees in writing that sufficient funds
have been made available to preserve and maintain those vessels listed in section 410nn–1(e)(1)
of this title.

(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.

(Pub. L. 100–348, § 4, June 27, 1988, 102 Stat. 656;
Pub. L. 103–437, § 6(d)(11), Nov. 2, 1994, 108 Stat.
4584.)
AMENDMENTS
1994—Subsec. (d)(1). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.

Any member of the Commission appointed for a
definite term may serve after the expiration of
his term until his successor is appointed. A vacancy in the Commission shall be filled in the
manner in which the original appointment was
made.
(b) Compensation
Members of the Commission shall serve without pay. While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same
manner as persons employed intermittently in
Government service are allowed expenses under
section 5703 of title 5.
(c) Officers
The Chair and other officers of the Commission shall be elected by a majority of the members of the Commission to serve for terms established by the Commission.
(d) Meetings
The Commission shall meet at the call of the
Chair or a majority of its members, but not less
than twice annually. Seven members of the
Commission shall constitute a quorum. Consistent with the public meeting requirements of the
Federal Advisory Committee Act, the Commission shall, from time to time, meet with persons
concerned with maritime preservation.
(e) Bylaws and charter
The Commission may make such bylaws,
rules, and regulations as it considers necessary
to carry out its functions under this subchapter.
The provisions of section 14(b) of the Federal
Advisory Committee Act (Act of October 6, 1972;

§ 410nn–4

TITLE 16—CONSERVATION

86 Stat. 776), are hereby waived with respect to
this Commission.
(f) Functions
The Commission shall advise the Secretary on
the management and development of the park.
The Secretary, or his designee, shall from time
to time, but at least semiannually, meet and
consult with the Commission on matters relating to the management and development of the
park.
(g) Termination
The Commission shall cease to exist 10 years
after the date on which the first meeting of the
Commission is held.
(Pub. L. 100–348, § 5, June 27, 1988, 102 Stat. 656.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsecs. (d) and (e), is Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 770, as amended, which is set out in the Appendix
to Title 5, Government Organization and Employees.

§ 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.
(Pub. L. 100–348, § 7, June 27, 1988, 102 Stat. 658.)
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.
(Pub. L. 100–479, § 1, Oct. 7, 1988, 102 Stat. 2324.)
§ 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.

Page 338

(3) The lands and structures known as the
William Johnson House, together with all personal property located on such lands, and the
building adjacent thereto which bears a common wall.
The property referred to in paragraph (2) shall
be included within the park only if the Secretary of the Interior (hereinafter in this subchapter referred to as the ‘‘Secretary’’) determines that the historic resources of Fort Rosalie are of sufficient national significance and integrity to warrant inclusion in the National
Park System. The Secretary shall make such
determination after receiving from the Governor
of the State of Mississippi and the mayor of the
city of Natchez, in consultation with the State
Historic Preservation Officer, a recommendation based on scholarly research as to the national significance and integrity of such historic
resources.
(c) Boundaries; map
The Secretary shall prepare a map of the lands
included within the park. Such map shall be on
file and available for public inspection in the offices of the National Park Service at the park
and at the Department of the Interior in the
District of Columbia. The Secretary may from
time to time make minor revisions in the
boundary of the park in accordance with section
460l–9(c) of this title.
(Pub. L. 100–479, § 2, Oct. 7, 1988, 102 Stat. 2324;
Pub. L. 101–399, § 1(a), Sept. 28, 1990, 104 Stat.
860.)
AMENDMENTS
1990—Subsec. (b)(3). Pub. L. 101–399 added par. (3).

§ 410oo–2. Acquisition of property
(a) In general
Except as otherwise provided in this section,
the Secretary may acquire, by donation, purchase with donated or appropriated funds, or exchange, land or interests in land, together with
structures and other improvements thereon and
personal property, which is included within the
park. In addition the Secretary may acquire by
any such means such personal property associated with the park as he deems appropriate for
interpretation of the park and such additional
lands and properties as may be necessary for
purposes of an administrative headquarters and
administrative site. Any land, interests in land,
structures, improvements, or personal property
owned by the State of Mississippi or any political subdivision thereof, may be acquired only by
donation. The Secretary may not acquire fee
title to any property other than the property he
deems necessary for an administrative site and
headquarters and the property referred to in
paragraph (1), (2), or (3) of section 410oo–1 of this
title, and the Secretary may not acquire the
property referred to in paragraph (1) of section
410oo–1 of this title unless at least 25 per centum
of the fair market value of such property (as determined by the Secretary) is donated to the
United States in connection with such acquisition. The Secretary may not acquire the property referred to in paragraph (3) of section
410oo–1(b) of this title except by donation.

Page 339

TITLE 16—CONSERVATION

(b) Building for joint use by the Secretary and
the City of Natchez
(1) Contribution toward construction
The Secretary may enter into an agreement
with the City of Natchez under which the Secretary agrees to pay not to exceed $3,000,000
toward the planning and construction by the
City of Natchez of a structure to be partially
used by the Secretary as an administrative
headquarters, administrative site, and visitor
center for Natchez National Historical Park.
(2) Use for satisfaction of matching requirements
The amount of payment under paragraph (1)
may be available for matching Federal grants
authorized under other law notwithstanding
any limitations in any such law.
(3) Agreement
Prior to the execution of an agreement
under paragraph (1), and subject to the appropriation of necessary funds in advance, the
Secretary may enter into a contract, lease, cooperative agreement, or other appropriate
form of agreement with the City of Natchez
providing for the use and occupancy of a portion of the structure constructed under paragraph (1) (including appropriate use of the
land on which it is situated), at no cost to the
Secretary (except maintenance, utility, and
other operational costs), for a period of 50
years, with an option for renewal by the Secretary for an additional 50 years.
(4) Authorization of appropriations
There is authorized to be appropriated
$3,000,000 to carry out this subsection.
(Pub. L. 100–479, § 3, Oct. 7, 1988, 102 Stat. 2325;
Pub. L. 101–399, § 1(b), Sept. 28, 1990, 104 Stat. 860;
Pub. L. 104–333, div. I, title X, § 1030, Nov. 12,
1996, 110 Stat. 4238; Pub. L. 106–176, title I, § 127,
Mar. 10, 2000, 114 Stat. 30.)
AMENDMENTS
2000—Pub. L. 106–176, § 127(b), made technical correction to directory language of Pub. L. 104–333. See 1996
Amendment note below.
Subsec. (b)(1). Pub. L. 106–176, § 127(a), substituted
‘‘and visitor center’’ for ‘‘and visitors’ center’’.
1996—Pub. L. 104–333, as amended by Pub. L. 106–176,
§ 127(b), which directed amendment of section 3 of Act
of October 8, 1988, by designating existing provisions as
subsec. (a), inserting heading, and adding subsec. (b),
was executed by making the amendment to this section
to reflect the probable intent of Congress.
1990—Pub. L. 101–399 substituted ‘‘referred to in paragraph (1), (2), or (3)’’ for ‘‘referred to in paragraph (1) or
(2)’’ and inserted at end ‘‘The Secretary may not acquire the property referred to in paragraph (3) of section 410oo–1(b) of this title except by donation.’’

§ 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 sections 1,
2, 3, and 4 of this title and sections 461 to 467 of
this title. Properties acquired under this subchapter for purposes of inclusion in the park
shall be available for visitor inspection and en-

§ 410oo–3

joyment as promptly as practicable after the
date of acquisition notwithstanding the absence
of a park management plan.
(b) Donations
Notwithstanding any other provision of law,
the Secretary may accept and expend donations
of funds, property, or services from individuals,
foundations, corporations, or public entities for
the purpose of providing services and facilities
which he deems consistent with the purposes of
this subchapter.
(c) Historic districts
(1) Study of historic properties
The Secretary shall prepare and transmit to
the Committee on Interior and Insular Affairs
of the United States House of Representatives
and to the Committee on Energy and Natural
Resources of the United States Senate a study
of the properties in the city of Natchez and its
immediate environs that preserve and interpret the history contained in the purposes of
this subchapter. Such report shall consider
which properties best exemplify such purposes
and appropriate means for providing technical
assistance to, and interpretation of, such properties. The study and report shall include consideration of Natchez-Under-the-Hill and the
Briars.
(2) Establishment of districts
Following completion of the study under
paragraph (1), but not later than one year
after October 7, 1988, the Secretary shall establish historic districts in the city of Natchez
and its immediate environs for the preservation and interpretation of the resources that
contribute to the understanding of the purposes of this subchapter.
(3) Cooperative agreements with owners
In furtherance of the purposes of this subchapter, and after consultation with the Advisory Commission established by this subchapter, the Secretary is authorized to enter
into cooperative agreements with the owners
of properties of historical or cultural significance (as determined by the Secretary) within
any historic district established under this
subsection. Such agreements shall permit the
Secretary to mark, interpret, improve, restore, and provide technical assistance with
respect to the preservation and interpretation
of such properties. Such agreements shall contain, but need not be limited to, provisions
that the Secretary shall have the right of access at reasonable times to public portions of
any property covered by such agreement for
purposes of conducting visitors through such
properties and interpreting them to the public, and that no changes or alterations shall be
made in the property except by mutual agreement between the Secretary and other parties
to the agreement.
(d) General management plan
Within three complete fiscal years after October 7, 1988, the Secretary shall submit to the
Committee on Interior and Insular Affairs of the
United States House of Representatives and to
the Committee on Energy and Natural Re-

§ 410oo–4

TITLE 16—CONSERVATION

sources of the United States Senate a general
management plan for the park. The plan shall be
prepared in accordance with section 1a–7(b) of
this title. Such plan shall identify appropriate
facilities for proper interpretation of the site for
visitors.
(Pub. L. 100–479, § 4, Oct. 7, 1988, 102 Stat. 2325.)
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.

§ 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.
(Pub. L. 100–479, § 5, Oct. 7, 1988, 102 Stat. 2326.)
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.

§ 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.

Page 340

(d) Expenses
Members of the Advisory Commission shall
serve without compensation as such, but the
Secretary may pay expenses reasonably incurred
in carrying out their responsibilities under this
subchapter on vouchers signed by the Chairman.
(e) Charter
The provisions of section 14(b) of the Federal
Advisory Committee Act (Act of October 6, 1972;
86 Stat. 776), are hereby waived with respect to
this Advisory Commission.
(Pub. L. 100–479, § 6, Oct. 7, 1988, 102 Stat. 2326.)
REFERENCES IN TEXT
Section 14(b) of the Federal Advisory Committee Act,
referred to in subsec. (e), is section 14(b) of Pub. L.
92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.
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 Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out
in the Appendix to Title 5, Government Organization
and Employees.

§ 410oo–6. Authorization of appropriations
There are hereby authorized to be appropriated not to exceed $12,000,000 to carry out this
subchapter.
(Pub. L. 100–479, § 7, Oct. 7, 1988, 102 Stat. 2327.)
SUBCHAPTER LIX–N—ZUNI-CIBOLA
NATIONAL HISTORICAL PARK
§§ 410pp to 410pp–8. Omitted
CODIFICATION
Sections 410pp to 410pp–8 were omitted pursuant to
section 410pp which terminated and the Zuni-Cibola National Historical Park was not established, because notice of acceptance of a leasehold interest in the Zuni
Indian Reservation was not published during the required period of time.
Section 410pp, Pub. L. 100–567, § 2, Oct. 31, 1988, 102
Stat. 2847; Pub. L. 101–313, title III, § 302(1), June 27,
1990, 104 Stat. 279, provided for establishment of the
Zuni-Cibola National Historical Park effective on the
date of publication by the Secretary of a notice of acceptance of a leasehold interest in the Zuni Indian Reservation pursuant to section 410pp–1 and provided for
termination of this section six years after Oct. 31, 1988,
unless prior to the end of that six-year period the Secretary had published such a notice.
Section 410pp–1, Pub. L. 100–567, § 3, Oct. 31, 1988, 102
Stat. 2847; Pub. L. 101–313, title III, § 302(2), June 27,
1990, 104 Stat. 279; Pub. L. 103–437, § 6(k), Nov. 2, 1994, 108
Stat. 4586, set forth conditions under which the Secretary could accept a leasehold offer from the Zuni
Tribe, required preparation of a map of the park upon
acceptance of the leasehold, and provided for boundary
adjustments.
Section 410pp–2, Pub. L. 100–567, § 4, Oct. 31, 1988, 102
Stat. 2848, related to management of the park.
Section 410pp–3, Pub. L. 100–567, § 5, Oct. 31, 1988, 102
Stat. 2849, required consistency with the general management plan for the park and protection from signifi-

Page 341

TITLE 16—CONSERVATION

cant adverse effects on the park by any Federal agency
with activities affecting the park.
Section 410pp–4, Pub. L. 100–567, § 6, Oct. 31, 1988, 102
Stat. 2849, established the Zuni-Cibola National Historical Park Advisory Commission and provided for the
terms of its members, its expenses, Chair, and meetings, and applicability of the Federal Advisory Committee Act.
Section 410pp–5, Pub. L. 100–567, § 7, Oct. 31, 1988, 102
Stat. 2850; Pub. L. 103–437, § 6(k), Nov. 2, 1994, 108 Stat.
4586, related to a general management plan for the
park.
Section 410pp–6, Pub. L. 100–567, § 8, Oct. 31, 1988, 102
Stat. 2851; Pub. L. 103–437, § 6(k), Nov. 2, 1994, 108 Stat.
4586, related to cultural and religious uses of the park.
Section 410pp–7, Pub. L. 100–567, § 9, Oct. 31, 1988, 102
Stat. 2851, set forth definitions.
Section 410pp–8, Pub. L. 100–567, § 11, Oct. 31, 1988, 102
Stat. 2852, authorized appropriations.
SHORT TITLE
Section 1 of Pub. L. 100–567 provided that Pub. L.
100–567, which enacted this subchapter and amended
section 460uu–12 of this title, could be cited as the
‘‘Zuni-Cibola National Historical Park Establishment
Act of 1988’’.

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 archaeologi1 So

in original. Probably should be ‘‘atmosphere’’.

§ 410qq–1

cal and cultural resources of American Samoa,
and of associated reefs, to maintain the habitat
of flying foxes, preserve the ecological balance
of the Samoan tropical forest, and, consistent
with the preservation of these resources, to provide for the enjoyment of the unique resources
of the Samoan tropical forest by visitors from
around the world.
(Pub. L. 100–571, § 1, Oct. 31, 1988, 102 Stat. 2879.)
§ 410qq–1. Establishment
(a) In general
In order to carry out the purposes expressed in
section 410qq(b) of this title, the Secretary of
the Interior (hereinafter in this subchapter referred to as the ‘‘Secretary’’) shall establish the
National Park of American Samoa (hereinafter
in this subchapter referred to as the ‘‘park’’).
The Secretary shall establish the park only
when the Governor of American Samoa has entered into a lease with the Secretary under
which the Secretary will lease for a period of 50
years the lands and waters generally referred to
in subsection (b) of this section for use solely for
purposes of the park. Immediately after October
31, 1988, the Secretary shall commence negotiations with the Governor of American Samoa respecting such a lease agreement. On or before
the expiration of the lease agreement as set
forth in this subsection, the Governor of American Samoa is encouraged to extend the lease to
maintain the area as a unit of the National Park
System. At such time as the lease may terminate the Government of American Samoa is
urged to provide assurances to the Secretary
that the lands and waters generally referred to
in subsection (b) of this section will be protected
and preserved to the same standards as are applicable to national parks.
(b) Area included
(1) The park shall consist of three units as
generally depicted on the following maps entitled ‘‘Boundary Map, National Park of American
Samoa’’: (A) map number NP–AS 80,000A, dated
August 1988, (B) map number NP–AS 80,000B,
dated August 1988, and (C) map number NP–AS
80,000C, dated August 1988. Before publication of
the maps, the Secretary, after consultation with
the Governor of American Samoa and other appropriate leaders, may adjust the boundaries of
the park to correspond with the appropriate village boundaries and modify the maps accordingly. The maps shall be on file and available for
public inspection in the offices of the National
Park Service, Department of the Interior. The
Secretary may at any time make revisions of
the boundary of the park in accordance with
section 460l–9(c) of this title, pursuant to agreement with the Governor of American Samoa,
and contingent upon the lease to the Secretary
of lands within the new boundaries.
(2) The Secretary may make adjustments to
the boundary of the park to include within the
park certain portions of the islands of Ofu and
Olosega, as depicted on the map entitled ‘‘National Park of American Samoa, Proposed
Boundary Adjustment’’, numbered 82,035 and
dated February 2002, pursuant to an agreement
with the Governor of American Samoa and con-

§ 410qq–2

TITLE 16—CONSERVATION

tingent upon the lease to the Secretary of the
newly added lands. As soon as practicable after
a boundary adjustment under this paragraph,
the Secretary shall modify the maps referred to
in paragraph (1) accordingly.
(c) Management by American Samoa
Notwithstanding section 410qq–2(a) of this
title, after 50 years after October 31, 1988, the
Secretary shall, if requested by the Governor of
American Samoa, enter into an extension of the
lease referred to in subsection (a) of this section.
If the Governor does not request such an extension the Secretary shall transfer to the Governor the sole authority to administer the park.
Whenever the Secretary makes such a transfer
he shall also transfer any improvements constructed by the Secretary in the park to the
Governor without compensation.
(d) Compensation under lease agreement
(1) Notwithstanding any other provision of
law, the Secretary is authorized and directed to
negotiate with the Governor of American Samoa
the amount of the payments to be made by the
United States under the 50-year lease referred to
in subsection (a) of this section. The Secretary
shall make such payments as may be mutually
agreed to by the Secretary and the Governor
pursuant to such negotiations.
(2) The Secretary shall place all lease payments made by the United States under the
lease in an interest bearing escrow account in
American Samoa. Funds in such account may be
disbursed only by the Governor, in amounts determined by the High Court of American Samoa,
to those villages and families located within the
boundaries of the park. The High Court of American Samoa shall have exclusive jurisdiction to
determine the amount to be disbursed under this
section to any person.
(3) If the amount of the lease payments to be
made under the lease is not agreed upon within
1 year after October 31, 1988, the Secretary shall
establish the escrow account referred to in paragraph (2) within 30 days after the expiration of
such 1-year period and shall make monthly payments of $25,000 per month into the account
until such time as the full value of the lease
payments is agreed to and deposited. Such deposits, together with the interest thereon, may
be used only to cover the amounts of the lease
payments due and payable pursuant to an agreement under this subsection. If the amounts deposited in such account, together with interest
thereon, exceeds 1 the amount of the lease payments due and payable at the time the agreement is entered into, notwithstanding any other
provision of law, the excess shall be transferred
to the accounts provided to the Secretary for
operation and maintenance and for development
of the park.
(Pub. L. 100–571, § 2, Oct. 31, 1988, 102 Stat. 2879;
Pub. L. 107–336, § 1, Dec. 16, 2002, 116 Stat. 2882.)
AMENDMENTS
2002—Subsec. (b). Pub. L. 107–336 designated existing
provisions as par. (1), substituted ‘‘(A)’’, ‘‘(B)’’, and
‘‘(C)’’ for ‘‘(1)’’, ‘‘(2)’’, and ‘‘(3)’’, respectively, and added
par. (2).
1 So

in original. Probably should be ‘‘exceed’’.

Page 342

§ 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 sections 1,
2, 3, and 4 of this title. In the administration of
the park, the Secretary may utilize such statutory authority available to him for the conservation of wildlife and natural and cultural resources as he deems necessary to carry out the
purposes of this subchapter, except that he may
not acquire any lands or waters or interests
therein for purposes of the park other than by
lease.
(b) Traditional subsistence uses
(1) Agricultural, cultural, and gathering uses
shall be permitted in the park for subsistence
purposes if such uses are generally prior existing
uses conducted in areas used for such purposes
as of October 31, 1988, and if such uses are conducted in the traditional manner and by traditional methods. No such uses shall be permitted
in the park for other than subsistence purposes.
(2) Subsistence uses of the marine areas of the
park shall also be permitted in accordance with
paragraph (1), and no fishing or gathering shall
be permitted in such marine areas for other
than subsistence purposes.
(c) Interpretive facilities, etc.
Interpretative activities and interpretative facilities for the park (including maps) shall be in
at least the following languages: English and
Samoan.
(d) Employees and contracts
In addition to the Secretary’s authority to
employ persons to carry out provisions of this
subchapter in accordance with the civil service
laws, and notwithstanding any other provision
of law, the Secretary is authorized to—
(1) hire employees for such purposes who
shall not be subject to the civil service laws,
including quotas, and
(2) enter into contracts with individuals for
purposes of exercising any authority of the
Secretary within the park.
(e) Native American Samoan personnel
The Secretary shall establish a program to
train native American Samoan personnel to
function as professional park service employees,
to provide services to visitors (including the interpretation of park resources), and operate and
maintain park facilities. Notwithstanding any
other provision of law, and to the extent practicable the Secretary shall extend a preference
for the hiring of native American Samoans to
carry out the Secretary’s authorities under this
subchapter (including both employees and persons operating under contract).
(f) Management plan
The Secretary, in cooperation with the Governor of American Samoa, shall prepare a general management plan for the park. The plan
shall comply with section 1a–7(b) of this title
and shall contain specific measures for the protection and preservation of tropical forest resources and archaeological and cultural re-

Page 343

TITLE 16—CONSERVATION

sources within the park, including, but not limited to, protection of flying foxes and measures
to enhance visitation to the park from throughout the world, to the extent consistent with the
protection and preservation of such resources.
(g) Advisory Board
(1) The Secretary shall establish an Advisory
Board to provide advice to the Secretary regarding the management of the park. The Advisory
Board shall be comprised of 5 members, 3 of
whom shall be nominated by the Governor of
American Samoa. The Advisory Board shall designate one of its members as Chairman.
(2) The Advisory Board shall meet on a regular
basis. Notice of meetings and agenda shall be
announced in advance and meetings shall be
held at locations and in such a manner as to insure adequate public involvement.
(3) Members of the Advisory Board shall serve
without compensation as such, but the Secretary may pay expenses reasonably incurred in
carrying out their responsibilities under this
subchapter on vouchers signed by the Chairman.
(4) The provisions of section 14(b) of the Federal Advisory Committee Act (Act of October 6,
1972; 86 Stat. 776), are hereby waived with respect to this Advisory Board.
(h) Review
At least every 10 years, the Secretary and the
Governor, or their designees, shall review the
operation and management of the park. Such review shall include, but need not be limited to,
consideration of how the objectives of the park
can better be achieved, the need for additional
technical or other assistance, cooperative arrangements between the Government of American Samoa and the National Park Service in
the interpretation and management of the park,
and the desirability of extension of the lease arrangement.
(i) Technical assistance
The Secretary, in providing technical or other
assistance to the Government of American
Samoa may use any authority otherwise provided to him, including requesting assistance
from other Federal agencies.
(Pub. L. 100–571, § 3, Oct. 31, 1988, 102 Stat. 2881.)
REFERENCES IN TEXT
Section 14(b) of the Federal Advisory Committee Act,
referred to in subsec. (g)(4), is section 14(b) of Pub. L.
92–463, which is set out in the Appendix to Title 5.
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 Pub. L.
92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 410qq–3. ‘‘Native American Samoan’’ defined
For purposes of this subchapter the term ‘‘native American Samoan’’ means a person who is

§ 410rr–1

a citizen or national of the United States and
who is a lineal descendant of an inhabitant of
the Samoan Islands on April 18, 1900. For purposes of this subchapter, Swains Island shall be
considered part of the Samoan Islands.
(Pub. L. 100–571, § 4, Oct. 31, 1988, 102 Stat. 2882.)
§ 410qq–4. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out this subchapter.
(Pub. L. 100–571, § 5, Oct. 31, 1988, 102 Stat. 2883.)
SUBCHAPTER LIX–P—PECOS NATIONAL
HISTORICAL PARK
§ 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.
(Pub. L. 101–313, title II, § 201, June 27, 1990, 104
Stat. 278.)
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101–536, § 1, Nov. 8, 1990, 104 Stat. 2368, provided that: ‘‘This Act [enacting section 410rr–7 of this
title and provisions set out as a note under section
410rr–7 of this title] may be cited as the ‘Pecos National
Historical Park Expansion Act of 1990’.’’

§ 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 section 460l–9(c) of this title.
(c) Availability of monument funds for park purposes
The Act entitled ‘‘An Act to authorize the establishment of Pecos National Monument in the

§ 410rr–2

TITLE 16—CONSERVATION

State of New Mexico, and for other purposes’’
approved June 28, 1965 (79 Stat. 195), is hereby repealed, and any funds available for purposes of
the Pecos National Monument shall be available
for purposes of the park.
(Pub. L. 101–313, title II, § 202, June 27, 1990, 104
Stat. 278.)
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 Pub. L. 89–54, June 28, 1965,
79 Stat. 195, which enacted provisions listed in a Miscellaneous National Monuments table set out under
section 431 of this title.

§ 410rr–2. Acquisition of lands, waters, and interests in lands and waters

Page 344

(2) a statement on the number of visitors
and types of public uses within the park which
can be reasonably accommodated in accordance with the protection of its resources; and
(3) a general development plan for the park,
including the estimated cost thereof.
(Pub. L. 101–313, title II, § 205, June 27, 1990, 104
Stat. 279; Pub. L. 103–437, § 6(d)(12), Nov. 2, 1994,
108 Stat. 4584.)
AMENDMENTS
1994—Pub. L. 103–437 in introductory provisions substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular
Affairs’’ after ‘‘Committee on’’.

§ 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.

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.

There is authorized to be appropriated such
sums as may be necessary to carry out this subchapter.

(Pub. L. 101–313, title II, § 203, June 27, 1990, 104
Stat. 279.)

(Pub. L. 101–313, title II, § 207, June 27, 1990, 104
Stat. 279.)

REFERENCES IN TEXT

§ 410rr–7. Glorieta Unit of Pecos National Historical Park

This Act, referred to in text, is Pub. L. 101–313, June
27, 1990, 104 Stat. 272, which enacted this subchapter,
amended sections 410pp, 410pp–1, and 460uu–12 of this
title, and enacted and repealed provisions listed in a
Miscellaneous National Monuments table set out under
section 431 of this title. For complete classification of
this Act to the Code, see Tables.

§ 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 sections 1, 2, 3, and 4 of this
title and sections 461 to 467 of this title.
(Pub. L. 101–313, title II, § 204, June 27, 1990, 104
Stat. 279.)
§ 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;

(Pub. L. 101–313, title II, § 206, June 27, 1990, 104
Stat. 279.)
§ 410rr–6. Authorization of appropriations

(a) Establishment
In order to preserve and interpret the Battle of
Glorieta for the benefit and enjoyment of
present and future generations, there is hereby
established the Glorieta Unit of the Pecos National Historical Park (hereafter in this section
referred to as the ‘‘Glorieta Unit’’). The Glorieta
Unit shall be comprised of approximately 682
acres as generally depicted on the maps entitled
‘‘Glorieta Unit—Pecos National Historical
Park’’, numbered 430–80,031, and dated July 1990.
The boundary of Pecos National Historical
Park, established by this subchapter, is hereby
modified to include the Glorieta Unit.
(b) Administration
The Secretary shall administer the Glorieta
Unit to preserve and interpret the Battle of
Glorieta for the benefit and enjoyment of
present and future generations, in accordance
with the provisions of this section, applicable
provisions of this subchapter, and provisions of
law generally applicable to units of the National
Park System, including sections 1, 2, 3, and 4 of
this title and sections 461 to 467 of this title.
(c) Acquisition
The Secretary is authorized to acquire lands,
waters, and interests therein within the boundaries of the Glorieta Unit by donation, purchase
with donated or appropriated funds, or exchange. Lands may not be acquired for purposes
of the Glorieta Unit without the consent of the

Page 345

§ 410ss

TITLE 16—CONSERVATION

owner thereof unless the Secretary determines
that, in his judgment, the property is subject to,
or threatened with, uses which are having, or
would have, an adverse impact on the Glorieta
Unit or on the management of the Glorieta Unit.
(d) Transfer
Lands identified on the maps referred to in
subsection (a) of this section as being within
unit number 26 in the ‘‘Historic Zone’’ are hereby transferred from the administration of the
Secretary of Agriculture to the administration
of the Secretary of the Interior, to be managed
in accordance with the provisions of this section.
(e) Management plan
The Secretary shall incorporate management
direction for the Glorieta Unit into the general
management plan for the Pecos National Historical Park, including the identification of routes
of travel associated with the Battle of Glorieta.
(f) Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry
out the purposes of this section.
(Pub. L. 101–536, § 3, Nov. 8, 1990, 104 Stat. 2368.)
REFERENCES IN TEXT
This section, referred to in subsecs. (a), (b), (d), and
(f), was in the original ‘‘this Act’’, meaning Pub. L.
101–536, Nov. 8, 1990, 104 Stat. 2368, known as the Pecos
National Historical Park Expansion Act of 1990, which
enacted this section and provisions set out as notes
under this section and section 410rr of this title. For
complete classification of this Act to the Code, see
Short Title of 1990 Amendment note set out under section 410rr of this title and Tables.
CODIFICATION
Section was enacted as part of the Pecos National
Historical Park Expansion Act of 1990, and not as part
of title II of Pub. L. 101–313 which comprises this subchapter.
FINDINGS AND PURPOSE
Section 2 of Pub. L. 101–536 provided that:
‘‘(a) FINDINGS.—The Congress makes the following
findings:
‘‘(1) the Civil War battle of Glorieta Pass, New Mexico, fought on March 26–28, 1862, was a decisive battle
of the Civil War in the Far West;
‘‘(2) the battle was significant because the Confederate defeat at Glorieta Pass resulted in the collapse
of the Confederacy’s plan to capture the riches and
support of the West, thus largely ending the Civil
War in the West; and
‘‘(3) the campsite and headquarters of the Union
forces during the Battle of Glorieta are currently
within the boundary of Pecos National Historical
Park.
‘‘(b) PURPOSE.—The purpose of this Act [enacting this
section and provisions set out as a note under section
410rr of this title] is to preserve and interpret the Battle of Glorieta and to enhance visitor understanding of
the Civil War and the Far West by establishing a new
unit of Pecos National Historical Park.’’

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
park shall also consist of approximately 310
acres of land adjacent to the original
Tumacacori unit of the park and generally depicted on the map entitled ‘‘Tumacacori National Historical Park, Arizona Proposed Boundary Revision 2001’’, numbered 310/80,044, and
dated July 2001. The maps shall be on file and
available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.
(c) Abolition of monument
The Tumacacori National Monument is hereby
abolished and any funds available for purposes
of the monument shall be available for purposes
of the park.
(Pub. L. 101–344, § 1, Aug. 6, 1990, 104 Stat. 393;
Pub. L. 107–218, § 3, Aug. 21, 2002, 116 Stat. 1328.)
AMENDMENTS
2002—Subsec. (b). Pub. L. 107–218 inserted ‘‘The park
shall also consist of approximately 310 acres of land adjacent to the original Tumacacori unit of the park and
generally depicted on the map entitled ‘Tumacacori
National Historical Park, Arizona Proposed Boundary
Revision 2001’, numbered 310/80,044, and dated July
2001.’’ and substituted ‘‘The maps’’ for ‘‘The map’’ and
‘‘the appropriate offices’’ for ‘‘the offices’’.
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–218, § 1, Aug. 21, 2002, 116 Stat. 1328, provided that: ‘‘This Act [amending this section and enacting provisions set out as a note under this section] may
be cited as the ‘Tumacacori National Historical Park
Boundary Revision Act of 2002’.’’
FINDINGS AND PURPOSES
Pub. L. 107–218, § 2, Aug. 21, 2002, 116 Stat. 1328, provided that:
‘‘(a) FINDINGS.—The Congress finds the following:
‘‘(1) Tumacacori Mission in southern Arizona was
declared a National Monument in 1908 in recognition
of its great historical significance as ‘one of the oldest mission ruins in the southwest’.
‘‘(2) In establishing Tumacacori National Historical
Park in 1990 to include the Tumacacori Mission and
the ruins of the mission of Los Santos Angeles de
Guevavi and the Kino visita and rancheria of
Calabazas, Congress recognized the importance of
these sites ‘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’.
‘‘(3) Tumacacori National Historical Park plays a
major role in interpreting the Spanish colonial heritage of the United States.
‘‘(b) PURPOSES.—The purposes of this Act [see Short
Title of 2002 Amendment note above] are—

§ 410ss–1

TITLE 16—CONSERVATION

‘‘(1) to protect and interpret the resources associated with the Tumacacori Mission by revising the
boundary of Tumacacori National Historical Park to
include approximately 310 acres of land adjacent to
the park; and
‘‘(2) to enhance the visitor experience at
Tumacacori by developing access to these associated
mission resources.’’

§ 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
sections 1, 2, 3, and 4 of this title and sections
461 to 467 of this title. The Secretary may acquire lands or interests in land within the
boundaries of the park by donation, purchase
with donated or appropriated funds, or exchange.
(b) Donations
Notwithstanding any other provision of law,
the Secretary may accept and retain donations
of funds, property, or services from individuals,
foundations, corporations, or public entities for
the purpose of providing services and facilities
which he deems consistent with the purposes of
this subchapter.
(c) Separate units
The Secretary shall provide for the identification of the Guevavi, Calabazas, and Tumacacori
sites as 3 separate units of the park.
(d) Recognition of Father Eusebio Francisco
Kino’s role
In administering the park, the Secretary shall
utilize such interpretative materials and other
devices as may be necessary to give appropriate
recognition to the role of the Jesuit Missionary
Priest, Father Eusebio Francisco Kino, in the
development of the mission sites and the settlement of the region.
(Pub. L. 101–344, § 2, Aug. 6, 1990, 104 Stat. 393.)
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 postColumbian period and contains sites of Span-

Page 346

ish, 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.
(Pub. L. 102–247, title I, § 102, Feb. 24, 1992, 106
Stat. 33.)
SHORT TITLE
Section 1 of Pub. L. 102–247 provided that: ‘‘This Act
[enacting this subchapter, sections 5204 to 5204c of Title
42, The Public Health and Welfare, and sections 1469e
and 1973 of Title 48, Territories and Insular Possessions,
amending section 5122 of Title 42 and section 1903 of
Title 48, enacting provisions set out as a note under
this section, and amending provisions set out as a note
under section 301 of Title 7, Agriculture] may be cited
as the ‘Omnibus Insular Areas Act of 1992’.’’
Section 101 of title I of Pub. L. 102–247 provided that:
‘‘This title [enacting this subchapter] may be cited as
the ‘Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Act of
1992’.’’

§ 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 1015
acres of lands, waters, and interests in lands as
generally depicted on the map entitled ‘‘Salt
River Bay National Historical Park and Ecological Preserve, St. Croix, U.S.V.I.’’, numbered
141/80002, and dated May 2, 2002. 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.
(Pub. L. 102–247, title I, § 103, Feb. 24, 1992, 106
Stat. 34; Pub. L. 107–329, title III, § 301, Dec. 6,
2002, 116 Stat. 2819.)
REFERENCES IN TEXT
This subchapter, referred to in subsec. (a), was in the
original ‘‘this Act’’ and was translated as reading ‘‘this

Page 347

§ 410tt–3

TITLE 16—CONSERVATION

title’’, meaning title I of Pub. L. 102–247, known as the
Salt River Bay National Historical Park and Ecological
Preserve at St. Croix, Virgin Islands, Act of 1992, to reflect the probable intent of Congress.
AMENDMENTS
2002—Subsec. (b). Pub. L. 107–329 amended first sentence generally. Prior to amendment, first sentence
read as follows: ‘‘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.’’

§ 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.
(Pub. L. 102–247, title I, § 104, Feb. 24, 1992, 106
Stat. 34.)
§ 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, sections 1, 2, 3, and 4 of this title and sections 461
to 467 of this title. In the case of any conflict between the provisions of this subchapter and such
generally applicable provisions of law, the provisions of this subchapter shall govern.
(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
section 410tt–4 of this title, is authorized to
enter into cooperative agreements with the
United States Virgin Islands, or any political
subdivision thereof, for the management of the
park and for other purposes.
(c) General management plan
(1) Not later than 3 years after the date funds
are made available for this subsection, the Sec-

retary, 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 1 Resources Protection Act of 1979
(16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.)
within the park. The natural and cultural resources management plans shall be prepared
in consultation with the Virgin Islands Division of Archeology and Historic Preservation.
(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) 2 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.
(Pub. L. 102–247, title I, § 105, Feb. 24, 1992, 106
Stat. 34; Pub. L. 103–437, § 6(d)(13), Nov. 2, 1994,
108 Stat. 4584.)
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 Pub. L. 102–247, known
as the Salt River Bay National Historical Park and
Ecological Preserve at St. Croix, Virgin Islands, Act of
1992, to reflect the probable intent of Congress.
The Archaeological Resources Protection Act of 1979,
referred to in subsec. (c)(2)(C), is Pub. L. 96–95, Oct. 31,
1 So
2 So

in original. Probably should be ‘‘Archaeological’’.
in original. Probably should be subsection ‘‘(d)’’.

§ 410tt–4

TITLE 16—CONSERVATION

1979, 93 Stat. 721, as amended, which is classified generally to chapter 1B (§ 470aa et seq.) of this title. For complete classification of this Act to the Code, see Short
Title note set out under section 470aa of this title and
Tables.
The National Historic Preservation Act, referred to
in subsec. (c)(2)(C), is Pub. L. 89–665, Oct. 15, 1966, 80
Stat. 915, as amended, which is classified generally to
subchapter II (§ 470 et seq.) of chapter 1A of this title.
For complete classification of this Act to the Code, see
section 470(a) of this title and Tables.
AMENDMENTS
1994—Subsec. (c)(1). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.

§ 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 section 410tt–3 of this title; and
(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.

Page 348

(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 section 5703 of title 5.
Members of the Commission who are full-time
officers or employees of the United States or the
Virgin Islands Government may not receive additional pay, allowances, or benefits by reason
of their service on the Commission. The Secretary shall provide the Commission with a
budget for travel expenses and staff, and guidelines by which expenditures shall be accounted
for.
(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.
(Pub. L. 102–247, title I, § 106, Feb. 24, 1992, 106
Stat. 35.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (h), 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.

§ 410tt–5. Authorization of appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out this subchapter.
(Pub. L. 102–247, title I, § 107, Feb. 24, 1992, 106
Stat. 37.)
SUBCHAPTER LIX–S—HOPEWELL CULTURE
NATIONAL HISTORICAL PARK
§ 410uu. Renaming
The Mound City Group National Monument established by proclamation of the President

Page 349

§ 410uu–4

TITLE 16—CONSERVATION

(Proclamation No. 1653, 42 Stat. 2298) and expanded by section 701 of Public Law 96–607 (94
Stat. 3540), shall, on and after May 27, 1992, be
known as the ‘‘Hopewell Culture National Historical Park’’. Any reference to the Mound City
Group National Monument in any law, regulation, map, document, record, or other paper of
the United States shall be considered to be a reference to the Hopewell Culture National Historical Park.
(Pub. L. 102–294, § 1, May 27, 1992, 106 Stat. 185.)

(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 (42 U.S.C. 4601 et seq.).
(3) The Secretary may acquire lands added by
subsection (a)(5) only from willing sellers.
(Pub. L. 102–294, § 2, May 27, 1992, 106 Stat. 185;
Pub. L. 111–11, title VII, § 7104, Mar. 30, 2009, 123
Stat. 1191.)

REFERENCES IN TEXT

REFERENCES IN TEXT

Proclamation No. 1653, 42 Stat. 2298 and section 701 of
Public Law 96–607, referred to in text, appear in a table
under the heading ‘‘National Monuments Established
Under Presidential Proclamation’’, set out as a note
under section 431 of this title.

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (d)(2)(B), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894,
as amended, which is classified generally to chapter 61
(§ 4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 4601 of
Title 42 and Tables.

§ 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;
(4) the map entitled ‘‘Seip Earthworks’’
numbered 353–80033 and dated July 1987; and
(5) the map entitled ‘‘Hopewell Culture National Historical Park, Ohio Proposed Boundary Adjustment’’ numbered 353/80,049 and
dated June, 2006.
(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.

AMENDMENTS
2009—Subsec. (a)(5). Pub. L. 111–11, § 7104(1)–(3), added
par. (5).
Subsec. (d)(3). Pub. L. 111–11, § 7104(4), added par. (3).

§ 410uu–2. Cooperative agreements
The Secretary may enter into a cooperative
agreement with the Ohio Historical Society, the
Archeological 1 Conservancy, and other public
and private entities for consultation and assistance in the interpretation and management of
the park.
(Pub. L. 102–294, § 3, May 27, 1992, 106 Stat. 186.)
§ 410uu–3. Studies
(a) Areas added by this subchapter
The Secretary shall conduct archeological
studies of the areas added to the park by section
410uu–1(a) of this title and adjacent areas to ensure that the boundaries of those areas encompass the lands that are needed to provide adequate protection of the significant archeological
resources of those areas.
(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.
(Pub. L. 102–294, § 4, May 27, 1992, 106 Stat. 186.)
§ 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.
(Pub. L. 102–294, § 5, May 27, 1992, 106 Stat. 186.)
1 So

in original. Probably should be ‘‘Archaeological’’.

§ 410vv
SUBCHAPTER
ROCKEFELLER
PARK

TITLE 16—CONSERVATION
LIX–T—MARSH-BILLINGSNATIONAL HISTORICAL

§ 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-Rockefeller 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-Rockefeller heritage.
(Pub. L. 102–350, § 2, Aug. 26, 1992, 106 Stat. 934;
Pub. L. 105–277, div. A, § 101(e) [title I, § 143], Oct.
21, 1998, 112 Stat. 2681–231, 2681–267.)
AMENDMENTS
1998—Pars. (4), (5). Pub. L. 105–277 substituted
‘‘Marsh-Billings-Rockefeller’’ for ‘‘Marsh-Billings’’.
SHORT TITLE
Pub. L. 102–350, § 1, Aug. 26, 1992, 106 Stat. 934, as
amended by Pub. L. 105–277, div. A, § 101(e) [title I, § 143],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–267, provided that:
‘‘This Act [enacting this subchapter] may be cited as
the ‘Marsh-Billings-Rockefeller National Historical
Park Establishment Act’.’’

§ 410vv–1. Establishment
(a) In general
There is established as a unit of the National
Park System the Marsh-Billings-Rockefeller 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-Rockefeller 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-Rockefeller 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.
(Pub. L. 102–350, § 3, Aug. 26, 1992, 106 Stat. 934;
Pub. L. 105–277, div. A, § 101(e) [title I, § 143], Oct.
21, 1998, 112 Stat. 2681–231, 2681–267.)
AMENDMENTS
1998—Subsecs. (a), (b)(1). Pub. L. 105–277 substituted
‘‘Marsh-Billings-Rockefeller’’
for
‘‘Marsh-Billings’’
wherever appearing.

Page 350

§ 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 sections 1, 2, 3, and 4 of this
title.
(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 crosscountry 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-Rockefeller 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.
(Pub. L. 102–350, § 4, Aug. 26, 1992, 106 Stat. 934;
Pub. L. 105–277, div. A, § 101(e) [title I, § 143], Oct.
21, 1998, 112 Stat. 2681–231, 2681–267.)
AMENDMENTS
1998—Subsec. (d)(1). Pub. L. 105–277 substituted
‘‘Marsh-Billings-Rockefeller’’ for ‘‘Marsh-Billings’’.

§ 410vv–3. Marsh-Billings-Rockefeller
Historical Park Scenic Zone

National

(a) In general
There is established the Marsh-Billings-Rockefeller 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-Rockefeller National Historical
Park Scenic Zone Map’’ and dated November 19,
1991.

Page 351

§ 410ww

TITLE 16—CONSERVATION

(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-Rockefeller 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.
(Pub. L. 102–350, § 5, Aug. 26, 1992, 106 Stat. 935;
Pub. L. 105–277, div. A, § 101(e) [title I, § 143], Oct.
21, 1998, 112 Stat. 2681–231, 2681–267.)
AMENDMENTS
1998—Pub. L. 105–277 substituted ‘‘Marsh-BillingsRockefeller’’ for ‘‘Marsh-Billings’’ in section catchline
and wherever appearing in subsecs. (a) and (b).

§ 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.
(Pub. L. 102–350, § 6, Aug. 26, 1992, 106 Stat. 935.)
§ 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-Rockefeller 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.
(Pub. L. 102–350, § 7, Aug. 26, 1992, 106 Stat. 936;
Pub. L. 105–277, div. A, § 101(e) [title I, § 143], Oct.
21, 1998, 112 Stat. 2681–231, 2681–267.)
AMENDMENTS
1998—Subsec. (b)(1). Pub. L. 105–277 substituted
‘‘Marsh-Billings-Rockefeller’’ for ‘‘Marsh-Billings’’.

§ 410vv–6. Reservation of use and occupancy
In acquiring land within the historic zone, the
Secretary may permit an owner of improved res-

idential 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.
(Pub. L. 102–350, § 8, Aug. 26, 1992, 106 Stat. 936.)
§ 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.
(Pub. L. 102–350, § 9, Aug. 26, 1992, 106 Stat. 936;
Pub. L. 103–437, § 6(d)(14), Nov. 2, 1994, 108 Stat.
4584.)
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Natural Resources’’
for ‘‘Interior and Insular Affairs’’ after ‘‘Committee
on’’.

§ 410vv–8. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out this subchapter.
(Pub. L. 102–350, § 10, Aug. 26, 1992, 106 Stat. 936.)
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) Areas included
The park shall consist of the following sites,
as generally depicted on a map entitled ‘‘Dayton
Aviation Heritage National Historical Park’’,
numbered 362–80,010 and dated September 1, 2000:
(1) A core parcel in Dayton, Ohio, which
shall consist of the Wright Cycle Company
building, Hoover Block, and lands between.
(2) The Setzer building property (also known
as the Aviation Trail building property), Dayton, Ohio.
(3) The residential properties at 26 South
Williams Street and at 30 South Williams
Street, Dayton, Ohio.
(4) Huffman Prairie Flying Field, located at
Wright-Patterson Air Force Base, Ohio.
(5) The Wright 1905 Flyer III and Wright
Hall, including constructed additions and attached structures, known collectively as the
John W. Berry, Sr. Wright Brothers Aviation
Center, Dayton, Ohio.
(6) The Paul Laurence Dunbar State Memorial, Dayton, Ohio.

§ 410ww–1

TITLE 16—CONSERVATION

(c) Additional sites
In addition to the sites described in subsection
(b), the park shall consist of the following sites,
as generally depicted on a map titled ‘‘Dayton
Aviation Heritage National Historical Park’’,
numbered 362/80,013 and dated May 2008:
(1) Hawthorn Hill, Oakwood, Ohio.
(2) The Wright Company factory and associated land and buildings, Dayton, Ohio.
(Pub. L. 102–419, title I, § 101, Oct. 16, 1992, 106
Stat. 2141; Pub. L. 106–356, § 2(a), Oct. 24, 2000, 114
Stat. 1391; Pub. L. 111–11, title VII, § 7117(a), Mar.
30, 2009, 123 Stat. 1204.)
AMENDMENTS
2009—Subsec. (c). Pub. L. 111–11 added subsec. (c).
2000—Subsec. (b). Pub. L. 106–356 amended heading
and text of subsec. (b) generally. Prior to amendment,
text read as follows: ‘‘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 OF 2000 AMENDMENT
Pub. L. 106–356, § 1, Oct. 24, 2000, 114 Stat. 1391, provided that: ‘‘This Act [amending this section and sections 410ww–6 and 410ww–8 of this title] may be cited as
the ‘Dayton Aviation Heritage Preservation Amendments Act of 2000’.’’

Page 352

(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.
(c) Cooperative agreements
The Secretary is authorized to enter into a cooperative agreement with a partner or partners,
including the Wright Family Foundation, to operate and provide programming for Hawthorn
Hill and charge reasonable fees notwithstanding
any other provision of law, which may be used
to defray the costs of park operation and programming.
(d) Conditions
Cooperative agreements under this section
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
Aviation Heritage Foundation to enhance the
public use and enjoyment of such property and
programs.
(Pub. L. 102–419, title I, § 102, Oct. 16, 1992, 106
Stat. 2142; Pub. L. 111–11, title VII, § 7117(b), Mar.
30, 2009, 123 Stat. 1204.)

SHORT TITLE

AMENDMENTS

Section 1 of Pub. L. 102–419 provided that: ‘‘This Act
[enacting this subchapter] may be cited as the ‘Dayton
Aviation Heritage Preservation Act of 1992’.’’

2009—Subsec. (a). Pub. L. 111–11, § 7117(b)(1), inserted
‘‘Hawthorn Hill, the Wright Company factory,’’ before
‘‘the Wright Cycle Company Building’’.
Subsec. (b). Pub. L. 111–11, § 7117(b)(2), redesignated
last sentence as subsec. (d).
Subsec. (c). Pub. L. 111–11, § 7117(b)(3), added subsec.
(c).
Subsec. (d). Pub. L. 111–11, § 7117(b)(2), redesignated
last sentence of subsec. (b) as (d), inserted heading, and
substituted ‘‘Cooperative agreements under this section’’ for ‘‘Such agreements’’ in introductory provisions.
Subsec. (d)(2). Pub. L. 111–11, § 7117(b)(4), substituted
‘‘Aviation Heritage Foundation’’ for ‘‘Commission’’.

PURPOSES
Section 2 of Pub. L. 102–419 provided that: ‘‘The purposes of this Act [this subchapter] are—
‘‘(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.’’

§ 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 Hawthorn Hill, the
Wright Company factory, the Wright Cycle Company Building and Hoover Block, and may acquire other properties, or interests therein, referred to in section 410ww(b) of this title, by donation, purchase with donated or appropriated
funds, exchange, or transfer.

§ 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 section 1a–7(b) of this
title, and which takes into account the preservation and development plan developed under
section 410ww–22 of this title.
(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.

Page 353

§ 410ww–8

TITLE 16—CONSERVATION

(Pub. L. 102–419, title I, § 103, Oct. 16, 1992, 106
Stat. 2142.)
§ 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 section 410ww–2 of this
title.
(Pub. L. 102–419, title I, § 104, Oct. 16, 1992, 106
Stat. 2142.)
§ 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, sections 1, 2, 3, and 4 of this title.
(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.
(Pub. L. 102–419, title I, § 105, Oct. 16, 1992, 106
Stat. 2142.)
§ 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
section
410ww–22(b)(9) of this title; and
(B) to the maximum extent practicable
will not have an adverse effect on the historic resources of the park.
(Pub. L. 102–419, title I, § 106, Oct. 16, 1992, 106
Stat. 2143.)
§ 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 the Interior.
(Pub. L. 102–419, title I, § 107, Oct. 16, 1992, 106
Stat. 2143; Pub. L. 106–356, § 2(c), Oct. 24, 2000, 114
Stat. 1392.)
AMENDMENTS
2000—Pub. L. 106–356 substituted ‘‘Secretary of the Interior’’ for ‘‘Secretary of Interior’’.

§ 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 section 410ww–1(b) of this title, such technical assistance as the Secretary considers appropriate to carry out the purposes of this subchapter.
(b) Grant assistance
The Secretary is authorized to make grants to
the parks’ partners, including the Aviation
Trail, Inc., the Ohio Historical Society, and
Dayton History, for projects not requiring Federal involvement other than providing financial
assistance, subject to the availability of appropriations in advance identifying the specific
partner grantee and the specific project.
Projects funded through these grants shall be
limited to construction and development on
non-Federal property within the boundaries of
the park. Any project funded by such a grant
shall support the purposes of the park, shall be
consistent with the park’s general management
plan, and shall enhance public use and enjoyment of the park.
(c) Interpretative materials
The Secretary is authorized to publish interpretative materials for historic aviation resources in the Miami Valley.
(Pub. L. 102–419, title I, § 108, Oct. 16, 1992, 106
Stat. 2143; Pub. L. 111–11, title VII, § 7117(c), Mar.
30, 2009, 123 Stat. 1204.)
AMENDMENTS
2009—Subsecs. (b), (c). Pub. L. 111–11 added subsec. (b)
and redesignated former subsec. (b) as (c).

§ 410ww–8. Authorization of appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out this part.
(Pub. L. 102–419, title I, § 109, Oct. 16, 1992, 106
Stat. 2143; Pub. L. 106–356, § 2(b), Oct. 24, 2000, 114
Stat. 1391.)

§ 410ww–21

TITLE 16—CONSERVATION
AMENDMENTS

2000—Pub. L. 106–356 struck out ‘‘: 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’’ after ‘‘this part’’.

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
after consideration of 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
after consideration of 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
section 410ww(b)(1) of this title).
(5) 1 member appointed by the Secretary
after consideration of recommendations submitted by the Board of Commissioners of
Montgomery County, Ohio.
(6) 1 member appointed by the Secretary
after consideration of recommendations submitted by the Board of Commissioners of
Greene County, Ohio.
(7) 1 member appointed by the Secretary
after consideration of 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

Page 354

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 fulltime 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
section 5703 of title 5.
(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.
(Pub. L. 102–419, title II, § 201, Oct. 16, 1992, 106
Stat. 2144; Pub. L. 104–333, div. I, title VIII, § 811,
Nov. 12, 1996, 110 Stat. 4189.)
REFERENCES IN TEXT
Section 14(b) of the Federal Advisory Committee Act,
referred to in subsec. (i), is section 14(b) of Pub. L.
92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.
AMENDMENTS
1996—Subsec. (b)(2), (4) to (7). Pub. L. 104–333 substituted ‘‘after consideration of recommendations’’ for
‘‘from recommendations’’ wherever appearing.
1 So

in original. Probably should be ‘‘subsection’’.

Page 355

TITLE 16—CONSERVATION

§ 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 aviationrelated 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

§ 410ww–23

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.
(Pub. L. 102–419, title II, § 202, Oct. 16, 1992, 106
Stat. 2145.)
§ 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 section 410ww–22(a) of this title consistent with the purposes of this subchapter.
(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 section 410ww–22(a) of this title—

§ 410ww–24

TITLE 16—CONSERVATION

(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.

Page 356

chapter 53 of such title relating to classification
and General Schedule pay rates, except that no
individual so appointed may receive pay in excess of the annual rate of basic pay payable for
grade GS–15 of the General Schedule.
(Pub. L. 102–419, title II, § 204, Oct. 16, 1992, 106
Stat. 2147.)

(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.

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.

(Pub. L. 102–419, title II, § 203, Oct. 16, 1992, 106
Stat. 2146.)

(Pub. L. 102–419, title II, § 205, Oct. 16, 1992, 106
Stat. 2148.)

§ 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 section 3109(b) of title 5,
but at rates determined by the Commission to
be reasonable.
(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 chapter 51 and subchapter III of

REFERENCES IN TEXT
Grade GS–15 of the General Schedule, referred to in
subsec. (g), is set out under section 5332 of Title 5.

§ 410ww–25. Authorization of appropriations

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 Public Law 96–287). 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 Fort Jefferson National Monument is
hereby abolished.
(Pub. L. 102–525, title II, § 201, Oct. 26, 1992, 106
Stat. 3439.)
REFERENCES IN TEXT
This subchapter, referred to in subsec. (a), was in the
original ‘‘this title’’, meaning title II of Pub. L. 102–525,
Oct. 26, 1992, 106 Stat. 3439, which enacted this subchapter and amended provisions listed in a National
Monuments Established Under Presidential Proclamation table set out under section 431 of this title. For
complete classification of title II to the Code, see
Tables.
Section 201 of Public Law 96–287, referred to in subsec. (b), appears in a table under the heading ‘‘National
Monuments Established Under Presidential Proclamation’’, set out as a note under section 431 of this title.

§ 410xx–1. Administration
(a) In general
The Secretary shall administer the park in accordance with this subchapter and with the pro-

Page 357

§ 410yy

TITLE 16—CONSERVATION

visions of law generally applicable to units of
the national park system, including sections 1,
2, 3, and 4 of this title.
(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.
(Pub. L. 102–525, title II, § 202, Oct. 26, 1992, 106
Stat. 3440.)
§ 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 (Public Law
96–287), and which are directly adjacent to lands
owned by the State of Florida outside of the
park, for lands owned by the State of Florida
within the park boundary.
(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.
(Pub. L. 102–525, title II, § 203, Oct. 26, 1992, 106
Stat. 3440.)
REFERENCES IN TEXT
Section 201 of the Act of June 28, 1980 (Public Law
96–287), referred to in subsec. (a), appears in a table

under the heading ‘‘National Monuments Established
Under Presidential Proclamation’’, set out as a note
under section 431 of this title.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 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.
(Pub. L. 102–525, title II, § 204, Oct. 26, 1992, 106
Stat. 3441.)
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

§ 410yy–1

TITLE 16—CONSERVATION

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.

established under paragraph 1 (a)(1) of this section.
(Pub. L. 102–543, § 3, Oct. 27, 1992, 106 Stat. 3570.)
§ 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.
(Pub. L. 102–543, § 4, Oct. 27, 1992, 106 Stat. 3570;
Pub. L. 111–11, title VII, § 7101(a), Mar. 30, 2009,
123 Stat. 1190.)

(Pub. L. 102–543, § 1, Oct. 27, 1992, 106 Stat. 3569.)
§ 410yy–1. Definitions
As used in this subchapter, the term—
(1) ‘‘Commission’’ means the Keweenaw Historic Preservation Advisory Commission established by section 410yy–8 of this title.
(2) ‘‘park’’ means the Keweenaw National
Historical Park established by section
410yy–2(a)(1) of this title.
(3) ‘‘Secretary’’ means the Secretary of the
Interior.
(Pub. L. 102–543, § 2, Oct. 27, 1992, 106 Stat. 3570.)
§ 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 sections 1, 2, 3, and 4 of this title, and
sections 461 to 467 of this title.
(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

Page 358

AMENDMENTS
2009—Subsec. (d). Pub. L. 111–11 struck out subsec. (d).
Text read as follows: ‘‘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 (42 U.S.C.
9601)).’’

§ 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 section
410yy–5 of this title; and
(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.
(Pub. L. 102–543, § 5, Oct. 27, 1992, 106 Stat. 3571.)
§ 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
1 So
1 So

in original. Probably should be ‘‘subsection’’.
in original. No subsec. (b) has been enacted.

Page 359

1a–7(b) of this title. Such plan shall interpret
the technological and social history of the area,
and the industrial complexes of the Calumet and
Hecla, and Quincy Mining Companies, with
equal emphasis.
(Pub. L. 102–543, § 6, Oct. 27, 1992, 106 Stat. 3571.)
§ 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; 1 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.
(Pub. L. 102–543, § 7, Oct. 27, 1992, 106 Stat. 3571.)
§ 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 $1 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.
(Pub. L. 102–543, § 8, Oct. 27, 1992, 106 Stat. 3571;
Pub. L. 111–11, title VII, § 7101(b), Mar. 30, 2009,
123 Stat. 1190.)
1 So

§ 410yy–8

TITLE 16—CONSERVATION

in original. Probably should be ‘‘section;’’.

AMENDMENTS
2009—Subsec. (b). Pub. L. 111–11 substituted ‘‘each $1
of funds’’ for ‘‘each $4 of funds’’.

§ 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 section 410yy–5 of this title;
(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 sections 410yy–6
and 410yy–7 of this title, will provide financial
as well as technical assistance to owners of
non-Federal properties within the park;
(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 section 410yy–6 of this title;
(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 section 170(c) of title 26,
any gift to the Commission shall be deemed to
be a gift to the United States.
(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

§ 410yy–9

TITLE 16—CONSERVATION

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 after
consideration of nominees submitted by the
Calumet Village Council and the Calumet
Township Board;
(B) one member shall be appointed after
consideration of nominees submitted by the
Quincy Township Board and the Franklin
Township Board;
(C) one member shall be appointed after
consideration of nominees submitted by the
Houghton County Board of Commissioners;
(D) one member shall be appointed after
consideration of 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),2 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.
1 So

in original. The comma probably should not appear.
2 So in original. Probably should be ‘‘paragraph (1),’’.

Page 360

(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 section 5703 of
title 5.
(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 section 3109(b) of title 5, with funds obtained under subsection (a)(6) of this section, or
as provided by the Secretary.
(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.
(Pub. L. 102–543, § 9, Oct. 27, 1992, 106 Stat. 3572;
Pub. L. 106–134, § 1, Dec. 7, 1999, 113 Stat. 1684.)
AMENDMENTS
1999—Subsec. (c)(1)(A) to (D). Pub. L. 106–134 substituted ‘‘after consideration of nominees’’ for ‘‘from
nominees’’.
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 Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out
in the Appendix to Title 5, Government Organization
and Employees.

§ 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

Page 361

TITLE 16—CONSERVATION

§ 410aaa

subchapter, but not to exceed $5,000,000 for the
acquisition of lands and interests therein,
$50,000,000 for development, and $25,000,000 for financial and technical assistance to owners of
non-Federal property as provided in section
410yy–7 of this title.
(b) There are authorized to be appropriated annually to the Commission to carry out its duties
under this subchapter, $250,000.

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.

(Pub. L. 102–543, § 10, Oct. 27, 1992, 106 Stat. 3574;
Pub. L. 111–11, title VII, § 7101(c), Mar. 30, 2009,
123 Stat. 1190.)

§ 410zz–2. Expansion of boundaries

AMENDMENTS
2009—Subsec. (a). Pub. L. 111–11, § 7101(c)(1), substituted ‘‘$50,000,000 for development, and $25,000,000’’
for ‘‘$25,000,000 for development, and $3,000,000’’.
Subsec. (b). Pub. L. 111–11, § 7101(c)(2), substituted
‘‘$250,000’’ for ‘‘$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.
(Pub. L. 103–364, § 2, Oct. 14, 1994, 108 Stat. 3467.)
SHORT TITLE
Section 1 of Pub. L. 103–364 provided that: ‘‘This Act
[enacting this subchapter and amending provisions listed in a table of National Monuments Established Under
Presidential Proclamation set out under section 431 of
this title] may be cited as the ‘Saguaro National Park
Establishment Act of 1994’.’’

§ 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

(Pub. L. 103–364, § 3, Oct. 14, 1994, 108 Stat. 3467.)

(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.
(Pub. L. 103–364, § 4, Oct. 14, 1994, 108 Stat. 3468.)
§ 410zz–3. Authorization of appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out this subchapter.
(Pub. L. 103–364, § 5, Oct. 14, 1994, 108 Stat. 3468.)
SUBCHAPTER LIX–Y—CALIFORNIA DESERT
LANDS PARKS AND PRESERVE
PART A—DEATH VALLEY NATIONAL PARK
§ 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 Na1 So

in original. Probably should be ‘‘detrimental’’.

§ 410aaa

TITLE 16—CONSERVATION

tional 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
[16 U.S.C. 1131 et seq.].
(Pub. L. 103–433, title III, § 301, Oct. 31, 1994, 108
Stat. 4485.)
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.
SHORT TITLE
Section 1 of Pub. L. 103–433 provided that: ‘‘Sections
1 and 2, and titles I through IX of this Act [enacting
this subchapter, provisions listed in a table of Wilderness Areas set out under section 1132 of this title, and
provisions set out as notes under this section, section
410aaa–82 of this title, and section 1781 of Title 43, Public Lands, and amending provisions listed in a table of
National Monuments Established Under Presidential
Proclamation set out under section 431 of this title and
a table of Wilderness Areas set out under section 1132
of this title] may be cited as the ‘California Desert Protection Act of 1994’.’’
TIMBISHA SHOSHONE HOMELAND
Pub. L. 106–423, Nov. 1, 2000, 114 Stat. 1875, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Timbisha Shoshone
Homeland Act’.
‘‘SEC. 2. FINDINGS.
‘‘Congress finds the following:
‘‘(1) Since time immemorial, the Timbisha Shoshone Tribe has lived in portions of California and
Nevada. The Tribe’s ancestral homeland includes the
area that now comprises Death Valley National Park
and other areas of California and Nevada now administered by the Bureau of Land Management.
‘‘(2) Since 1936, the Tribe has lived and governed the
affairs of the Tribe on approximately 40 acres of land
near Furnace Creek in the Park.
‘‘(3) The Tribe achieved Federal recognition in 1983
but does not have a land base within the Tribe’s ancestral homeland.
‘‘(4) Since the Tribe commenced use and occupancy
of the Furnace Creek area, the Tribe’s membership
has grown. Tribal members have a desire and need for
housing, government and administrative facilities,
cultural facilities, and sustainable economic development to provide decent, safe, and healthy conditions
for themselves and their families.
‘‘(5) The interests of both the Tribe and the National Park Service would be enhanced by recogniz1 So

in original. Probably should be ‘‘and’’.

Page 362

ing their coexistence on the same land and by establishing partnerships for compatible land uses and for
the interpretation of the Tribe’s history and culture
for visitors to the Park.
‘‘(6) The interests of both the Tribe and the United
States would be enhanced by the establishment of a
land base for the Tribe and by further delineation of
the rights and obligations of each with respect to the
Furnace Creek area and to the Park as a whole.
‘‘SEC. 3. PURPOSES.
‘‘Consistent with the recommendations of the report
required by section 705(b) of the California Desert Protection Act of 1994 [16 U.S.C. 410aaa–75(b)] (Public Law
103–433; 108 Stat. 4498), the purposes of this Act are—
‘‘(1) to provide in trust to the Tribe land on which
the Tribe can live permanently and govern the
Tribe’s affairs in a modern community within the ancestral homeland of the Tribe outside and within the
Park;
‘‘(2) to formally recognize the contributions by the
Tribe to the history, culture, and ecology of the Park
and surrounding area;
‘‘(3) to ensure that the resources within the Park
are protected and enhanced by—
‘‘(A) cooperative activities within the Tribe’s ancestral homeland; and
‘‘(B) partnerships between the Tribe and the National Park Service and partnerships involving the
Bureau of Land Management;
‘‘(4) to ensure that such activities are not in derogation of the purposes and values for which the Park
was established;
‘‘(5) to provide opportunities for a richer visitor experience at the Park through direct interactions between visitors and the Tribe including guided tours,
interpretation, and the establishment of a tribal museum and cultural center;
‘‘(6) to provide appropriate opportunities for economically viable and ecologically sustainable visitorrelated development, by the Tribe within the Park,
that is not in derogation of the purposes and values
for which the Park was established; and
‘‘(7) to provide trust lands for the Tribe in 4 separate parcels of land that is now managed by the Bureau of Land Management and authorize the purchase
of 2 parcels now held in private ownership to be taken
into trust for the Tribe.
‘‘SEC. 4. DEFINITIONS.
‘‘In this Act:
‘‘(1) PARK.—The term ‘Park’ means Death Valley
National Park, including any additions to that Park.
‘‘(2) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior or the designee of the Secretary.
‘‘(3) TRIBAL.—The term ‘tribal’ means of or pertaining to the Tribe.
‘‘(4) TRIBE.—The term ‘Tribe’ means the Timbisha
Shoshone Tribe, a tribe of American Indians recognized by the United States pursuant to part 83 of title
25, Code of Federal Regulations (or any corresponding
similar regulation or ruling).
‘‘(5) TRUST LANDS.—The term ‘trust lands’ means
those lands taken into trust pursuant to this Act.
‘‘SEC. 5. TRIBAL RIGHTS AND AUTHORITY ON THE
TIMBISHA SHOSHONE HOMELAND.
‘‘(a) IN GENERAL.—Subject to valid existing rights
(existing on the date of enactment of this Act [Nov. 1,
2000]), all right, title, and interest of the United States
in and to the lands, including improvements and appurtenances, described in subsection (b) are declared to be
held in trust by the United States for the benefit of the
Tribe. All maps referred to in subsection (b) shall be on
file and available for public inspection in the appropriate offices of the National Park Service and the Bureau of Land Management.
‘‘(b) PARK LANDS AND BUREAU OF LAND MANAGEMENT
LANDS DESCRIBED.—
‘‘(1) IN GENERAL.—The following lands and water
shall be held in trust for the Tribe pursuant to subsection (a):

Page 363

TITLE 16—CONSERVATION

‘‘(A) Furnace Creek, Death Valley National Park,
California, an area of 313.99 acres for community
development, residential development, historic restoration, and visitor-related economic development, depicted as Tract 37 on the map of Township
27 North, Range 1 East, of the San Bernardino Meridian, California, numbered Map #1 and dated December 2, 1999, together with 92 acre feet per annum
of surface and ground water for the purposes associated with the transfer of such lands. This area shall
include a 25-acre, nondevelopment zone at the north
end of the area and an Adobe Restoration zone containing several historic adobe homes, which shall
be managed by the Tribe as a tribal historic district.
‘‘(B) Death Valley Junction, California, an area of
approximately 1,000 acres, as generally depicted on
the map entitled ‘Death Valley Junction, California’, numbered Map #2 and dated April 12, 2000, together with 15.1 acre feet per annum of ground
water for the purposes associated with the transfer
of such lands.
‘‘(C)(i) Centennial, California, an area of approximately 640 acres, as generally depicted on the map
entitled ‘Centennial, California’, numbered Map #3
and dated April 12, 2000, together with an amount of
ground water not to exceed 10 acre feet per annum
for the purposes associated with the transfer of
such lands.
‘‘(ii) If the Secretary determines that there is insufficient ground water available on the lands described in clause (i) to satisfy the Tribe’s right to
ground water to fulfill the purposes associated with
the transfer of such lands, then the Tribe and the
Secretary shall, within 2 years of such determination, identify approximately 640 acres of land that
are administered by the Bureau of Land Management in that portion of Inyo County, California, to
the north and east of the China Lake Naval Weapons Center, to be a mutually agreed upon substitute
for the lands described in clause (i). If the Secretary
determines that sufficient water is available to fulfill the purposes associated with the transfer of the
lands described in the preceding sentence, then the
Tribe shall request that the Secretary accept such
lands into trust for the benefit of the Timbisha
Shoshone Tribe, and the Secretary shall accept
such lands, together with an amount of water not
to exceed 10 acre feet per annum, into trust for the
Tribe as a substitute for the lands described in
clause (i).
‘‘(D) Scotty’s Junction, Nevada, an area of approximately 2,800 acres, as generally depicted on
the map entitled ‘Scotty’s Junction, Nevada’, numbered Map #4 and dated April 12, 2000, together with
375.5 acre feet per annum of ground water for the
purposes associated with the transfer of such lands.
‘‘(E) Lida, Nevada, Community Parcel, an area of
approximately 3,000 acres, as generally depicted on
the map entitled ‘Lida, Nevada, Community Parcel’, numbered Map #5 and dated April 12, 2000, together with 14.7 acre feet per annum of ground
water for the purposes associated with the transfer
of such lands.
‘‘(2) WATER RIGHTS.—The priority date of the Federal water rights described in subparagraphs (A)
through (E) of paragraph (1) shall be the date of enactment of this Act [Nov. 1, 2000], and such Federal
water rights shall be junior to Federal and State
water rights existing on such date of enactment.
Such Federal water rights shall not be subject to relinquishment, forfeiture or abandonment.
‘‘(3) LIMITATIONS ON FURNACE CREEK AREA DEVELOPMENT.—
‘‘(A) DEVELOPMENT.—Recognizing the mutual interests and responsibilities of the Tribe and the National Park Service in and for the conservation and
protection of the resources in the area described in
paragraph (1), development in the area shall be limited to—

§ 410aaa

‘‘(i) for purposes of community and residential
development—
‘‘(I) a maximum of 50 single-family residences; and
‘‘(II) a tribal community center with space for
tribal offices, recreation facilities, a multipurpose room and kitchen, and senior and youth
facilities;
‘‘(ii) for purposes of economic development—
‘‘(I) a small-to-moderate desert inn; and
‘‘(II) a tribal museum and cultural center
with a gift shop; and
‘‘(iii) the infrastructure necessary to support
the level of development described in clauses (i)
and (ii).
‘‘(B) EXCEPTION.—Notwithstanding the provisions
of subparagraph (A)(ii), the National Park Service
and the Tribe are authorized to negotiate mutually
agreed upon, visitor-related economic development
in lieu of the development set forth in that subparagraph if such alternative development will
have no greater environmental impact than the development set forth in that subparagraph.
‘‘(C) RIGHT-OF-WAY.—The Tribe shall have a rightof-way for ingress and egress on Highway 190 in
California.
‘‘(4) LIMITATIONS ON IMPACT ON MINING CLAIMS.—
Nothing in this Act shall be construed as terminating
any valid mining claim existing on the date of enactment of this Act [Nov. 1, 2000] on the land described
in paragraph (1)(E). Any person with such an existing
mining claim shall have all the rights incident to
mining claims, including the rights of ingress and
egress on the land described in paragraph (1)(E). Any
person with such an existing mining claim shall have
the right to occupy and use so much of the surface of
the land as is required for all purposes reasonably
necessary to mine and remove the minerals from the
land, including the removal of timber for mining purposes. Such a mining claim shall terminate when the
claim is determined to be invalid or is abandoned.
‘‘(c) LEGAL DESCRIPTIONS.—Not later than 1 year after
the date of enactment of this Act [Nov. 1, 2000], the
Secretary shall file a legal description of the areas described in subsection (b) with the Committee on Resources [now Committee on Natural Resources] of the
House of Representatives and with the Committee on
Indian Affairs and the Committee on Energy and Natural Resources of the Senate. Such legal description
shall have the same force and effect as if the information contained in the description were included in that
subsection except that the Secretary may correct clerical and typographical errors in such legal description
and in the maps referred to in the legal description.
The legal description shall be on file and available for
public inspection in the offices of the National Park
Service and the Bureau of Land Management.
‘‘(d) ADDITIONAL TRUST RESOURCES.—The Secretary
may purchase from willing sellers the following parcels
and appurtenant water rights, or the water rights separately, to be taken into trust for the Tribe:
‘‘(1) Indian Rancheria Site, California, an area of
approximately 120 acres, as generally depicted on the
map entitled ‘Indian Rancheria Site, California’ numbered Map #6 and dated December 3, 1999.
‘‘(2) Lida Ranch, Nevada, an area of approximately
2,340 acres, as generally depicted on the map entitled
‘Lida Ranch’ numbered Map #7 and dated April 6,
2000, or another parcel mutually agreed upon by the
Secretary and the Tribe.
‘‘(e) SPECIAL USE AREAS.—
‘‘(1) IN GENERAL.—The areas described in this subsection shall be nonexclusive special use areas for the
Tribe, subject to other Federal law. Members of the
Tribe are authorized to use these areas for low impact, ecologically sustainable, traditional practices
pursuant to a jointly established management plan
mutually agreed upon by the Tribe, and by the National Park Service or the Bureau of Land Management, as appropriate. All maps referred to in para-

§ 410aaa

TITLE 16—CONSERVATION

graph (4) shall be on file and available for public inspection in the offices of the National Park Service
and Bureau of Land Management.
‘‘(2) RECOGNITION OF THE HISTORY AND CULTURE OF
THE TRIBE.—In the special use areas, in recognition of
the significant contributions the Tribe has made to
the history, ecology, and culture of the Park and to
ensure that the visitor experience in the Park will be
enhanced by the increased and continued presence of
the Tribe, the Secretary shall permit the Tribe’s continued use of Park resources for traditional tribal
purposes, practices, and activities.
‘‘(3) RESOURCE USE BY THE TRIBE.—In the special use
areas, any use of Park resources by the Tribe for traditional purposes, practices, and activities shall not
include the taking of wildlife and shall not be in derogation of purposes and values for which the Park was
established.
‘‘(4) SPECIFIC AREAS.—The following areas are designated special use areas pursuant to paragraph (1):
‘‘(A) MESQUITE USE AREA.—The area generally depicted on the map entitled ‘Mesquite Use Area’
numbered Map #8 and dated April 12, 2000. The
Tribe may use this area for processing mesquite
using traditional plant management techniques
such as thinning, pruning, harvesting, removing excess sand, and removing exotic species. The National Park Service may limit and condition, but
not prohibit entirely, public use of this area or
parts of this area, in consultation with the Tribe.
This area shall be managed in accordance with the
jointly established management plan referred to in
paragraph (1).
‘‘(B) BUFFER AREA.—An area of approximately
1,500 acres, as generally depicted on the map entitled ‘Buffer Area’ numbered Map #8 and dated April
12, 2000. The National Park Service shall restrict
visitor use of this area to protect the privacy of the
Tribe and to provide an opportunity for the Tribe
to conduct community affairs without undue disruption from the public.
‘‘(C) TIMBISHA SHOSHONE NATURAL AND CULTURAL
PRESERVATION AREA.—An area that primarily consists of Park lands and also a small portion of Bureau of Land Management land in California, as
generally depicted on the map entitled ‘Timbisha
Shoshone Natural and Cultural Preservation Area’
numbered Map #9 and dated April 12, 2000.
‘‘(5) ADDITIONAL PROVISIONS.—With respect to the
Timbisha Shoshone Natural and Cultural Preservation Area designated in paragraph (4)(C)—
‘‘(A) the Tribe may establish and maintain a tribal resource management field office, garage, and
storage area, all within the area of the existing
ranger station at Wildrose (existing as of the date
of enactment of this Act [Nov. 1, 2000]);
‘‘(B) the Tribe also may use traditional camps for
tribal members at Wildrose and Hunter Mountain
in accordance with the jointly established management plan referred to in paragraph (1);
‘‘(C) the area shall be depicted on maps of the
Park and Bureau of Land Management that are provided for general visitor use;
‘‘(D) the National Park Service and the Bureau of
Land Management shall accommodate access by
the Tribe to and use by the Tribe of—
‘‘(i) the area (including portions described in
subparagraph (E)) for traditional cultural and religious activities, in a manner consistent with the
purpose and intent of Public Law 95–341 (commonly known as the ‘American Indian Religious
Freedom Act’) (42 U.S.C. 1996 et seq.); and
‘‘(ii) areas designated as wilderness (including
portions described in subparagraph (E)), in a manner consistent with the purpose and intent of the
Wilderness Act (16 U.S.C. 1131 et seq.); and
‘‘(E)(i) on the request of the Tribe, the National
Park Service and the Bureau of Land Management
shall temporarily close to the general public, 1 or
more specific portions of the area in order to pro-

Page 364

tect the privacy of tribal members engaging in traditional cultural and religious activities in those
portions; and
‘‘(ii) any such closure shall be made in a manner
that affects the smallest practicable area for the
minimum period necessary for the purposes described in clause (i).
‘‘(f) ACCESS AND USE.—Members of the Tribe shall
have the right to enter and use the Park without payment of any fee for admission into the Park.
‘‘(g) ADMINISTRATION.—The trust lands shall constitute the Timbisha Shoshone Reservation and shall
be administered pursuant to the laws and regulations
applicable to other Indian trust lands, except as otherwise provided in this Act.
‘‘SEC. 6. IMPLEMENTATION PROCESS.
‘‘(a) GOVERNMENT-TO-GOVERNMENT AGREEMENTS.—In
order to fulfill the purposes of this Act and to establish
cooperative partnerships for purposes of this Act, the
National Park Service, the Bureau of Land Management, and the Tribe shall enter into government-togovernment consultations and shall develop protocols
to review planned development in the Park. The National Park Service and the Bureau of Land Management are authorized to enter into cooperative agreements with the Tribe for the purpose of providing
training on the interpretation, management, protection, and preservation of the natural and cultural resources of the areas designated for special uses by the
Tribe in section 5(e)(4).
‘‘(b) STANDARDS.—The National Park Service and the
Tribe shall develop mutually agreed upon standards for
size, impact, and design for use in planning, resource
protection, and development of the Furnace Creek area
and for the facilities at Wildrose. The standards shall
be based on standards for recognized best practices for
environmental sustainability and shall not be less restrictive than the environmental standards applied
within the National Park System at any given time.
Development in the area shall be conducted in a manner consistent with the standards, which shall be reviewed periodically and revised as necessary.
‘‘(c) WATER MONITORING.—The Secretary and the
Tribe shall develop mutually agreed upon standards for
a water monitoring system to assess the effects of
water use at Scotty’s Junction and at Death Valley
Junction on the tribal trust lands described in subparagraphs (A), (B), and (D) of section 5(b)(1), and on the
Park. Water monitoring shall be conducted in a manner
that is consistent with such standards, which shall be
reviewed periodically and revised as necessary.
‘‘SEC. 7. MISCELLANEOUS PROVISIONS.
‘‘(a) TRIBAL EMPLOYMENT.—In employing individuals
to perform any construction, maintenance, interpretation, or other service in the Park, the Secretary shall,
insofar as practicable, give first preference to qualified
members of the Tribe.
‘‘(b) GAMING.—Gaming as defined and regulated by
the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.) shall be prohibited on trust lands within the Park.
‘‘(c) INITIAL RESERVATION.—Lands taken into trust
for the Tribe pursuant to section 5, except for the Park
land described in subsections (b)(1)(A) and (d)(1) of such
section, shall be considered to be the Tribe’s initial reservation for purposes of section 20(b)(1)(B)(ii) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)(ii)).
‘‘(d) TRIBAL JURISDICTION OVER TRUST LANDS.—All
trust lands that are transferred under this Act and located within California shall be exempt from section
1162 of title 18, United States Code, and section 1360 of
title 28, United States Code, upon the certification by
the Secretary, after consultation with the Attorney
General, that the law enforcement system in place for
such lands will be adequate to provide for the public
safety and the public interest, except that no such certification may take effect until the expiration of the 3year period beginning on the date of enactment of this
Act [Nov. 1, 2000].

Page 365

TITLE 16—CONSERVATION

‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this Act such sums as may be necessary.’’
FINDINGS AND POLICY
Section 2 of Pub. L. 103–433 provided that:
‘‘(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 [43
U.S.C. 1781] of the Federal Land Policy and Management Act of 1976, 90 Stat. 2743, 43 U.S.C. 1701 et seq.)
and through interim administrative actions, the Federal Government has begun the process of appropriately providing for protection of the significant resources of the public lands in the California desert;
and
‘‘(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.’’

§ 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 of-

§ 410aaa–5

fices 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.
(Pub. L. 103–433, title III, § 302, Oct. 31, 1994, 108
Stat. 4485.)
§ 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 section 410aaa–1 of this title, without consideration, to the administrative jurisdiction of the National Park Service for administration as part of the National Park System,
and the boundary 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 sections 1, 2, 3, and 4 of this title.
(Pub. L. 103–433, title III, § 303, Oct. 31, 1994, 108
Stat. 4486.)
§ 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 section 410aaa–1 of this title. The maps and
legal description 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.
(Pub. L. 103–433, title III, § 304, Oct. 31, 1994, 108
Stat. 4486.)
§ 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.
(Pub. L. 103–433, title III, § 305, Oct. 31, 1994, 108
Stat. 4486.)
§ 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

§ 410aaa–6

TITLE 16—CONSERVATION

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.
(Pub. L. 103–433, title III, § 306, Oct. 31, 1994, 108
Stat. 4486.)
§ 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.
(Pub. L. 103–433, title III, § 307, Oct. 31, 1994, 108
Stat. 4487.)
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–7. Boundary adjustment
In preparing the maps and legal descriptions
required by section 410aaa–3 of this title and sec-

Page 366

tion 602 of this Act, the Secretary shall adjust
the boundaries of the Death Valley National
Park and Death Valley National Park Wilderness so as to exclude from such National Park
and Wilderness the lands generally depicted on
the map entitled ‘‘Porter Mine (Panamint
Range) Exclusion Area’’ dated June 1994.
(Pub. L. 103–433, title III, § 308, Oct. 31, 1994, 108
Stat. 4487.)
REFERENCES IN TEXT
Section 602 of this Act, referred to in text, is section
602 of Pub. L. 103–433, title VI, Oct. 31, 1994, 108 Stat.
4496, which is not classified to the Code.

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

Page 367

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.)
§ 410aaa–23.
lands

Transfer

and

administration

of

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 sections 1, 2, 3, and 4 of this title.
(Pub. L. 103–433, title IV, § 403, Oct. 31, 1994, 108
Stat. 4488.)
§ 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.)
§ 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
1 So

§ 410aaa–27

TITLE 16—CONSERVATION

in original. Probably should be ‘‘a legal’’.

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.

§ 410aaa–41

TITLE 16—CONSERVATION

Page 368

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

offices of the Director of the National Park
Service, Department of the Interior.

REFERENCES IN TEXT

(Pub. L. 103–433, title V, § 502, Oct. 31, 1994, 108
Stat. 4490.)

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.

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
[16 U.S.C. 1131 et seq.]; and
(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
section 794 of title 29, Public Law 101–336, the
Americans With 1 Disabilities Act of 1990 [42
U.S.C. 12101 et seq.], and other appropriate
laws and regulations.
(Pub. L. 103–433, title V, § 501, Oct. 31, 1994, 108
Stat. 4489.)
REFERENCES IN TEXT
This Act, referred to in par. (1), is defined in section
410aaa–81 of this title.
The Wilderness Act referred to in par. (4), is Pub. L.
88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (§ 1131 et seq.) of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 1131 of
this title and Tables.
The Americans with Disabilities Act of 1990, referred
to in par. (5), is Pub. L. 101–336, July 26, 1990, 104 Stat.
327, as amended, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 12101
of Title 42 and Tables.

§ 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
1 So

in original. Probably should not be capitalized.

§ 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 section 410aaa–42 of this title, without consideration, to the administrative jurisdiction of the Director of the National Park
Service. The boundaries of the public lands shall
be adjusted accordingly.
(Pub. L. 103–433, title V, § 503, Oct. 31, 1994, 108
Stat. 4490.)
§ 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 section 410aaa–42 of this
title. 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 V, § 504, Oct. 31, 1994, 108
Stat. 4490.)
§ 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.
(Pub. L. 103–433, title V, § 505, Oct. 31, 1994, 108
Stat. 4490.)
§ 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 sections 1,
2, 3, and 4 of this title.
(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

Page 369

§ 410aaa–51

TITLE 16—CONSERVATION

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.

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.

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.

(Pub. L. 103–433, title V, § 507, Oct. 31, 1994, 108
Stat. 4491.)

(Pub. L. 103–433, title V, § 509, Oct. 31, 1994, 108
Stat. 4491.)

(Pub. L. 103–433, title V, § 506, Oct. 31, 1994, 108
Stat. 4490.)
REFERENCES IN TEXT
This Act, referred to in subsec. (b), is defined in section 410aaa–81 of this title.

§ 410aaa–47. Withdrawal

§ 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 (16 U.S.C. 1901 et seq.), and any patent issued after October 31, 1994, shall convey title
only to the minerals together with the right to
use the surface of lands for mining purposes,
subject to such laws and regulations.
(Pub. L. 103–433, title V, § 508, Oct. 31, 1994, 108
Stat. 4491.)
REFERENCES IN TEXT
The Mining in the Parks Act, referred to in text, is
Pub. L. 94–429, Sept. 28, 1976, 90 Stat. 1342, as amended,
which is classified principally to chapter 39 (§ 1901 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1901 of this title and Tables.

§ 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,

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.
(Pub. L. 103–433, title V, § 510, Oct. 31, 1994, 108
Stat. 4492.)
§ 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 ac-

§ 410aaa–52

TITLE 16—CONSERVATION

tivities 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-ofway;
(C) if there are no more than two electrical
transmission lines in the Eldorado rights-ofway, 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 succes-

Page 370

sors 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 rightsof-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.
(Pub. L. 103–433, title V, § 511, Oct. 31, 1994, 108
Stat. 4492.)
REFERENCES IN TEXT
Section 601(a)(3), referred to in text, is section
601(a)(3) of Pub. L. 103–433, which enacted provisions
listed in a table of Wilderness Areas set out under section 1132 of this title.

§ 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 section 794 of title 29, Public Law 101-336, the Americans with Disabilities
Act of 1990 [42 U.S.C. 12101 et seq.], and other appropriate laws and regulations.

Page 371

TITLE 16—CONSERVATION

(Pub. L. 103–433, title V, § 512, Oct. 31, 1994, 108
Stat. 4494.)
REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred
to in text, is Pub. L. 101–336, July 26, 1990, 104 Stat. 327,
as amended, which is classified principally to chapter
126 (§ 12101 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 12101
of Title 42 and Tables.

§ 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.
(Pub. L. 103–433, title V, § 513, Oct. 31, 1994, 108
Stat. 4494.)
§ 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.
(Pub. L. 103–433, title V, § 514, Oct. 31, 1994, 108
Stat. 4494.)
§ 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.
(Pub. L. 103–433, title V, § 515, Oct. 31, 1994, 108
Stat. 4494.)
§ 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

§ 410aaa–56

(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.
(Pub. L. 103–433, title V, § 516, Oct. 31, 1994, 108
Stat. 4494.)
LAND EXCHANGE, MOJAVE NATIONAL PRESERVE
Pub. L. 108–87, title VIII, § 8121, Sept. 30, 2003, 117 Stat.
1100, provided that:
‘‘(a) EXCHANGE REQUIRED.—In exchange for the private property described in subsection (b), the Secretary
of the Interior shall convey to the Veterans Home of
California—Barstow, Veterans of Foreign Wars Post
#385E (in this section referred to as the ‘recipient’), all
right, title, and interest of the United States in and to
a parcel of real property consisting of approximately
one acre in the Mojave National Preserve and designated (by section 8137 of the Department of Defense
Appropriations Act, 2002 (Public Law 107–117; 115 Stat.
2278) [16 U.S.C. 431 note]) as a national memorial commemorating United States participation in World War
I and honoring the American veterans of that war. Notwithstanding the conveyance of the property under this
subsection, the Secretary shall continue to carry out
the responsibilities of the Secretary under such section
8137.
‘‘(b) CONSIDERATION.—As consideration for the property to be conveyed by the Secretary under subsection
(a), Mr. and Mrs. Henry Sandoz of Mountain Pass, California, have agreed to convey to the Secretary a parcel
of real property consisting of approximately five acres,
identified as parcel APN 569–051–44, and located in the
west 1⁄2 of the northeast 1⁄4 of the northwest 1⁄4 of the
northwest 1⁄4 of section 11, township 14 north, range 15
east, San Bernardino base and meridian.
‘‘(c) EQUAL VALUE EXCHANGE; APPRAISAL.—The values
of the properties to be exchanged under this section
shall be equal or equalized as provided in subsection
(d). The value of the properties shall be determined
through an appraisal performed by a qualified appraiser
in conformance with the Uniform Appraisal Standards
for Federal Land Acquisitions (Department of Justice,
December 2000).
‘‘(d) CASH EQUALIZATION.—Any difference in the value
of the properties to be exchanged under this section
shall be equalized through the making of a cash equalization payment. The Secretary shall deposit any cash
equalization payment received by the Secretary under
this subsection in the Land and Water Conservation
Fund.
‘‘(e) REVERSIONARY CLAUSE.—The conveyance under
subsection (a) shall be subject to the condition that the
recipient maintain the conveyed property as a memorial commemorating United States participation in
World War I and honoring the American veterans of
that war. If the Secretary determines that the conveyed property is no longer being maintained as a war
memorial, the property shall revert to the ownership of
the United States.
‘‘(f) BOUNDARY ADJUSTMENT; ADMINISTRATION OF ACQUIRED LAND.—The boundaries of the Mojave National
Preserve shall be adjusted to reflect the land exchange
required by this section. The property acquired by the

§ 410aaa–57

TITLE 16—CONSERVATION

Secretary under this section shall become part of the
Mojave National Preserve and be administered in accordance with the laws, rules, and regulations generally applicable to the Mojave National Preserve.’’

§ 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.
(Pub. L. 103–433, title V, § 517, Oct. 31, 1994, 108
Stat. 4495.)
§ 410aaa–58. Mojave National Preserve Advisory
Commission

Page 372

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 section 460l–22(c) of
this title. Nothing in this section shall be construed as affecting the applicability of any provision of the Mining in the Parks Act (16 U.S.C.
1901 et seq.), the Clean Air Act (42 U.S.C. 7401 et
seq.), or regulations applicable to oil and gas development as set forth in 36 CFR 9B.
(Pub. L. 103–433, title V, § 519, Oct. 31, 1994, 108
Stat. 4495.)
REFERENCES IN TEXT

(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.

This Act, referred to in text, is defined in section
410aaa–81 of this title.
The Mining in the Parks Act, referred to in text, is
Pub. L. 94–429, Sept. 28, 1976, 90 Stat. 1342, as amended,
which is classified principally to chapter 39 (§ 1901 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
The Clean Air Act, referred to in text, is act July 14,
1955, ch. 360, 69 Stat. 322, as amended, which is classified
generally to chapter 85 (§ 7401 et seq.) of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out
under section 7401 of Title 42 and Tables.

(Pub. L. 103–433, title V, § 518, Oct. 31, 1994, 108
Stat. 4495.)

(Pub. L. 103–433, title VII, § 701, Oct. 31, 1994, 108
Stat. 4497.)

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–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

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.
(Pub. L. 103–433, title VII, § 702, Oct. 31, 1994, 108
Stat. 4497.)
REFERENCES IN TEXT
This Act, referred to in text, is defined in section
410aaa–81 of this title.

§ 410aaa–73. Land disposal
Except as provided in section 410aaa–26 of this
title, none of the lands within the boundaries of

Page 373

the wilderness or park areas designated under
this Act shall be granted to or otherwise made
available for use by the Metropolitan Water District or any other agencies or persons pursuant
to the Boulder Canyon Project Act (43 U.S.C.
617–619b) or any similar Acts.
(Pub. L. 103–433, title VII, § 703, Oct. 31, 1994, 108
Stat. 4497.)
REFERENCES IN TEXT
This Act, referred to in text, is defined in section
410aaa–81 of this title.
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.

§ 410aaa–74.
lands

§ 410aaa–76

TITLE 16—CONSERVATION

Management

of

newly

acquired

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.
(Pub. L. 103–433, title VII, § 704, Oct. 31, 1994, 108
Stat. 4497.)
REFERENCES IN TEXT
This Act, referred to in text, is defined in section
410aaa–81 of this title.

§ 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 Public Law 95–341 (42
U.S.C. 1996 [, 1996a]) commonly referred to as
the ‘‘American Indian Religious Freedom Act’’,
and with respect to areas designated as wilderness, the Wilderness Act (78 Stat. 890; 16 U.S.C.
1131).
(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 Monu-

ment 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).
(Pub. L. 103–433, title VII, § 705, Oct. 31, 1994, 108
Stat. 4498.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is defined in section 410aaa–81 of this title.
The American Indian Religious Freedom Act, referred to in subsec. (a), is Pub. L. 95–341, Aug. 11, 1978,
92 Stat. 469, as amended, which is classified to sections
1996 and 1996a of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 1996 of
Title 42 and Tables.
The Wilderness Act, referred to in subsec. (a), 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–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 section 666 of title 43.
(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.
(Pub. L. 103–433, title VII, § 706, Oct. 31, 1994, 108
Stat. 4498.)
REFERENCES IN TEXT
Section 204 of this Act, referred to in subsec. (a), is
section 204 of Pub. L. 103–433, title II, Oct. 31, 1994, 108
Stat. 4485, which is not classified to the Code.

§ 410aaa–77

TITLE 16—CONSERVATION

This Act, referred to in subsecs. (a), (c), and (d), is defined in section 410aaa–81 of this title.

§ 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 [43 U.S.C. 1716].
(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 [43
U.S.C. 1701 et seq.], has determined to be
suitable for disposal through exchange.
(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.

Page 374

(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 (Public Law
100–526; 102 Stat. 2627; 10 U.S.C. 2687 note) or the
Defense Base Closure and Realignment Act of
1990 (Public Law 101–510; 104 Stat. 1808; 10 U.S.C.
2687 note).
(Pub. L. 103–433, title VII, § 707, Oct. 31, 1994, 108
Stat. 4499.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (b)(1), is defined in section 410aaa–81 of this title.
The Federal Land Policy and Management Act of
1976, referred to in subsec. (b)(2)(C), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43,
Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section
1701 of Title 43 and Tables.
The Defense Authorization Amendments and Base
Closure and Realignment Act, referred to in subsec. (d),
is Pub. L. 100–526, Oct. 24, 1988, 102 Stat. 2623, as amended. Title II of the Act is set out as a note under section
2687 of Title 10, Armed Forces. For complete classification of this Act to the Code, see Short Title of 1988
Amendment note set out under section 2687 of Title 10
and Tables.
The Defense Base Closure and Realignment Act of
1990, referred to in subsec. (d), is part A of title XXIX
of div. B of Pub. L. 101–510, Nov. 5, 1990, 104 Stat. 1808,
as amended, which amended section 2687 of Title 10 and

Page 375

§ 410aaa–82

TITLE 16—CONSERVATION

enacted provisions set out as a note under section 2687
of Title 10.

§ 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.
(Pub. L. 103–433, title VII, § 708, Oct. 31, 1994, 108
Stat. 4500.)
REFERENCES IN TEXT
This Act, referred to in text, is defined in section
410aaa–81 of this title.

§ 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.
(Pub. L. 103–433, title VII, § 709, Oct. 31, 1994, 108
Stat. 4500.)
§ 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 (16 U.S.C. 1531 et seq.).

amended, which is classified principally to chapter 35
(§ 1531 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 1531 of this title and Tables.

§ 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.
(Pub. L. 103–433, title VII, § 711, Oct. 31, 1994, 108
Stat. 4501.)
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 Pub. L. 103–433,
Oct. 31, 1994, 108 Stat. 4471, known as the California
Desert Protection Act of 1994. Sections 1 and 2 of the
Act are set out as notes under section 410aaa of this
title. Titles I to IX of the Act are classified principally
to this subchapter. For complete classification of this
Act to the Code, see Short Title note set out under section 410aaa of this title and Tables.
‘‘SECRETARY’’ DEFINED
Section 103 of Pub. L. 103–433 provided in part that in
this subchapter ‘‘Secretary’’ means the Secretary of
the Interior.

§ 410aaa–82. Military overflights
(a) Overflights
Nothing in this Act, the Wilderness Act [16
U.S.C. 1131 et seq.], or other land management
laws generally applicable to the new units of the
National Park or Wilderness Preservation Systems (or any additions to existing units) designated by this Act, shall restrict or preclude
low-level overflights of military aircraft over
such units, including military overflights that
can be seen or heard within such units.
(b) Special airspace
Nothing in this Act, the Wilderness Act [16
U.S.C. 1131 et seq.], or other land management
laws generally applicable to the new units of the
National Park or Wilderness Preservation Systems (or any additions to existing units) designated by this Act, shall restrict or preclude
the designation of new units of special airspace
or the use or establishment of military flight
training routes over such new park system or
wilderness units.
(c) No effect on other laws
Nothing in this section shall be construed to
modify, expand, or diminish any authority under
other Federal law.
(Pub. L. 103–433, title VIII, § 802, Oct. 31, 1994, 108
Stat. 4501.)
REFERENCES IN TEXT

REFERENCES IN TEXT

This Act, referred to in subsecs. (a) and (b), is defined
in section 410aaa–81 of this title.
The Wilderness Act, referred to in subsecs. (a) and (b),
is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended,
which is classified generally to chapter 23 (§ 1131 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
1131 of this title and Tables.

This Act, referred to in text, is defined in section
410aaa–81 of this title.
The Endangered Species Act of 1973, referred to in
text, is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, as

Section 801 of title VIII of Pub. L. 103–433 provided
that:

(Pub. L. 103–433, title VII, § 710, Oct. 31, 1994, 108
Stat. 4501.)

SHORT TITLE AND FINDINGS

§ 410aaa–83

TITLE 16—CONSERVATION

‘‘(a) SHORT TITLE.—This title [enacting this section]
may be cited as the ‘California Military Lands Withdrawal and Overflights Act of 1994’.
‘‘(b) FINDINGS.—The Congress finds that—
‘‘(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 section 410aaa–81 of
this title] lie within a region critical to providing
training, research, and development for the Armed
Forces of the United States and its allies;
‘‘(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.
(Pub. L. 103–433, title IX, § 901, Oct. 31, 1994, 108
Stat. 4508.)
REFERENCES IN TEXT
This Act, referred to in text, is defined in section
410aaa–1 of this title.

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.

Page 376

(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.
(Pub. L. 103–433, title XII, § 1202, Oct. 31, 1994, 108
Stat. 4519.)
REFERENCES IN TEXT
Senate Concurrent Resolution 57, referred to in subsec. (a)(1), probably means H. Con. Res. 57, Dec. 4, 1987,
101 Stat. 2013, which is not classified to the Code.
SHORT TITLE
Section 1201 of title XII of Pub. L. 103–433 provided
that: ‘‘This title [enacting this subchapter] may be
cited as the ‘New Orleans Jazz National Historical Park
Act of 1994’.’’

§ 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 Public Law 101–499. In undertaking the
evaluation, the Secretary shall, to the extent
practicable, utilize existing information relating to such sites.
(ii) If any of the sites evaluated are found to
meet the standards of the National Historic
Landmark program and National Park Service

Page 377

TITLE 16—CONSERVATION

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.
(Pub. L. 103–433, title XII, § 1203, Oct. 31, 1994, 108
Stat. 4520.)
REFERENCES IN TEXT
Public Law 101–499, referred to in subsec. (b)(3)(B)(i),
is Pub. L. 101–499, Nov. 2, 1990, 104 Stat. 1209, which is
not classified to the Code.

§ 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
sections 1, 2, 3, and 4 of this title and sections
461 to 467 of this title. The Secretary shall manage the historical park in such a manner as will
preserve and perpetuate knowledge and understanding of the history of jazz and its continued
evolution as a true American art form.
(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 section 410bbb–1(b)(1) of
this title. Programs at the center shall include,
but need not be limited to, live jazz interpretive
and educational programs, and shall provide
visitors with information about jazz-related programs, performances, and opportunities.
(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—

§ 410bbb–3

(1) the Secretary, after consultation with
the New Orleans Jazz Commission established
pursuant to section 410bbb–5 of this title, is
authorized to enter into cooperative agreements with owners of properties that are designated pursuant to section 410bbb–1(b)(3) of
this title which provide outstanding educational and interpretive opportunities relating to the evolution of jazz in New Orleans.
The Secretary may assist in rehabilitating, restoring, marking, and interpreting and may
provide technical assistance for the preservation and interpretation of such properties.
Such agreements shall contain, but need not
be limited to, provisions that the National
Park Service will have reasonable rights of access for operational and visitor use needs, that
rehabilitation and restoration will meet the
Secretary’s standards for rehabilitation of historic buildings, and that specify the roles and
responsibilities of the Secretary for each site
or structure;
(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.
(Pub. L. 103–433, title XII, § 1204, Oct. 31, 1994, 108
Stat. 4520.)
§ 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 section 410bbb–1(b)(3) of
this title shall only be acquired with the consent of the owner thereof.
(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.
(Pub. L. 103–433, title XII, § 1205, Oct. 31, 1994, 108
Stat. 4522.)

§ 410bbb–4

TITLE 16—CONSERVATION

§ 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 section
410bbb–1(b)(3) of this title, the Secretary, in consultation with the New Orleans Jazz Commission, 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 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.
(Pub. L. 103–433, title XII, § 1206, Oct. 31, 1994, 108
Stat. 4522.)
§ 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

Page 378

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

Page 379

(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 section 410bbb–1(b)(3) of
this title as having outstanding significance
to the history of jazz in New Orleans.
(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 section 5703, title 5, when
engaged in Commission business, including per
diem in lieu of subsistence in the same manner
as persons employed intermittently.
(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.
(Pub. L. 103–433, title XII, § 1207, Oct. 31, 1994, 108
Stat. 4522.)
§ 410bbb–6. Authorization of appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out this subchapter.
(Pub. L. 103–433, title XII, § 1208, Oct. 31, 1994, 108
Stat. 4525.)
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—

§ 410ccc

TITLE 16—CONSERVATION

(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 FrenchSpanish 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.
(Pub. L. 103–449, title III, § 302, Nov. 2, 1994, 108
Stat. 4757.)
SHORT TITLE
Section 301 of Pub. L. 103–449 provided that: ‘‘Titles
III and IV of this Act [enacting this subchapter] may be

§ 410ccc–1

TITLE 16—CONSERVATION

cited as the ‘Cane River Creole National Historical
Park and National Heritage Area Act’.’’

§ 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.
(Pub. L. 103–449, title III, § 303, Nov. 2, 1994, 108
Stat. 4758.)
§ 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 sections 1,
2, 3, and 4 of this title and sections 461 to 467 of
this title. The Secretary shall manage the historical park in such a manner as will preserve
resources and cultural landscapes relating to
the Creole culture of the Cane River and enhance public understanding of the important
cultural heritage of the Cane River region.
(b) Donations
The Secretary may accept and retain donations of funds, property, or services from indi-

Page 380

viduals, 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
section 410ccc–1(b)(4) of this title. Such center
shall provide for the general information and
orientation needs of the historical park and the
heritage area. The Secretary shall consult with
the State of Louisiana, the City of Natchitoches, the Association for the Preservation of
Historic Natchitoches, and the Cane River National Heritage Area Commission pursuant to
section 410ccc–22 of this title in the planning
and development of the interpretive center.
(d) Cooperative agreements and technical assistance
(1) The Secretary, after consultation with the
Cane River Heritage Area Commission 1 established pursuant to section 410ccc–22 of this title,
is authorized to enter into cooperative agreements with owners of properties within the heritage area and owners of properties within the
historical park that provide important educational and interpretive opportunities relating
to the heritage of the Cane River region. The
Secretary may also enter into cooperative
agreements for the purpose of facilitating the
preservation of important historic sites and
structures identified in the historical park’s
general management plan or other heritage elements related to the heritage of the Cane River
region. Such cooperative agreements shall specify that the National Park Service shall have
reasonable rights of access for operational and
visitor use needs and that preservation treatments will meet the Secretary’s standards for
rehabilitation of historic buildings.
(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
1 So in original. Probably should be ‘‘Cane River National Heritage Area Commission’’.

Page 381

TITLE 16—CONSERVATION

Louisiana, and the National Center for Preservation of Technology and Training in Natchitoches.
(Pub. L. 103–449, title III, § 304, Nov. 2, 1994, 108
Stat. 4758.)
§ 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 section
410ccc–1(b)(2) of this title may be acquired only
by donation.
(d) Cooperative agreement sites
Lands and interests therein that are the subject of cooperative agreements pursuant to section 410ccc–1(b)(3) of this title shall not be acquired except with the consent of the owner
thereof.
(Pub. L. 103–449, title III, § 305, Nov. 2, 1994, 108
Stat. 4759.)
§ 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,1 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,2 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 section 410ccc–23 of
this title; and
(3) preservation and use plans for any sites
and structures that are identified for National
Park Service involvement through cooperative
agreements.
(Pub. L. 103–449, title III, § 306, Nov. 2, 1994, 108
Stat. 4760.)
1 So in original. Probably should be ‘‘Cane River National Heritage Area Commission,’’.
2 So in original. Probably should be ‘‘Heritage Area Commission,’’.

§ 410ccc–22

PART B—CANE RIVER NATIONAL HERITAGE AREA
§ 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 section
410ccc(a) of this title, it is the purpose of this
part to establish a heritage area to complement
the historical park and to provide for a culturally sensitive approach to the preservation of
the heritage of the Cane River region, and for
other needs including—
(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 section 410ccc–2(d) of this title;
(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 section 410ccc–23 of this title.
(Pub. L. 103–449, title IV, § 401, Nov. 2, 1994, 108
Stat. 4760.)
§ 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 See

References in Text note below.

§ 410ccc–22

TITLE 16—CONSERVATION

(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 3 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 tour2 So
3 So

in original.
in original. Probably should be ‘‘Sportsman’s’’.

Page 382

ism 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
section 3109(b) of title 5, but at rates determined by the Commission to be reasonable;
(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 chapter 51
and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates;
(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 section 5703 of
title 5.

Page 383

TITLE 16—CONSERVATION

(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.
(Pub. L. 103–449, title IV, § 402, Nov. 2, 1994, 108
Stat. 4761.)
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 Pub. L. 103–449, which are classified
generally to this subchapter, to reflect the probable intent of Congress in view of similar references in subsecs. (c) and (d) of this section. Title II of Pub. L.
103–449, known as the Weir Farm National Historic Site
Expansion Act of 1994, amended provisions listed in a
table of National Historic Sites set out under section
461 of this title.

§ 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;

§ 410ccc–24

(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.
(Pub. L. 103–449, title IV, § 403, Nov. 2, 1994, 108
Stat. 4763.)
§ 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

TITLE 16—CONSERVATION

(Pub. L. 103–449, title IV, § 404, Nov. 2, 1994, 108
Stat. 4764.)
§ 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.
(Pub. L. 103–449, title IV, § 405, Nov. 2, 1994, 108
Stat. 4764.)
§ 410ccc–26. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out this subchapter.
(Pub. L. 103–449, title IV, § 406, Nov. 2, 1994, 108
Stat. 4765.)
SUBCHAPTER LIX–BB—NEW BEDFORD
WHALING NATIONAL HISTORICAL PARK
§ 410ddd. New Bedford Whaling National Historical Park
(a) Findings and purposes
(1) Findings
The Congress finds that—
(A) the New Bedford National Historic
Landmark District and associated historic
sites as described in subsection (c)(2) of this
section, including the Schooner Ernestina,
are National Historic Landmarks and are
listed on the National Register of Historic
Places as historic sites associated with the
history of whaling in the United States;
(B) the city of New Bedford was the 19th
century capital of the world’s whaling industry and retains significant architectural features, archival materials, and museum collections illustrative of this period;
(C) New Bedford’s historic resources provide unique opportunities for illustrating
and interpreting the whaling industry’s contribution to the economic, social, and environmental history of the United States and
provide opportunities for public use and enjoyment; and 1
(D) during the nineteenth century, over
two thousand whaling voyages sailed out of
New Bedford to the Arctic region of Alaska,
and joined Alaska Natives from Barrow,
Alaska and other areas in the Arctic region
in subsistence whaling activities; and
(E) the National Park System presently
contains no sites commemorating whaling
and its contribution to American history.
(2) Purposes
The purposes of this section are—
(A) to help preserve, protect, and interpret
the resources within the areas described in
subsection (c)(2) of this section, including
1 So

in original. The word ‘‘and’’ probably should not appear.

Page 384

architecture, setting, and associated archival and museum collections;
(B) to collaborate with the city of New
Bedford and with associated historical, cultural, and preservation organizations to further the purposes of the park established
under this section; and
(C) to provide opportunities for the inspirational benefit and education of the American people.
(b) Definitions
For the purposes of this section—
(1) the term ‘‘park’’ means the New Bedford
Whaling National Historical Park established
by subsection (c) of this section; and
(2) the term ‘‘Secretary’’ means the Secretary of the Interior.
(c) New Bedford Whaling National Historical
Park
(1) Establishment
In order to preserve for the benefit and inspiration of the people of the United States as
a national historical park certain districts,
structures, and relics located in New Bedford,
Massachusetts, and associated with the history of whaling and related social and economic themes in America, there is established
the New Bedford Whaling National Historical
Park.
(2) Boundaries
(A) The boundaries of the park shall be those
generally depicted on the map numbered
NAR–P49–80,000–4 and dated June 1994. Such
map shall be on file and available for public
inspection in the appropriate offices of the National Park Service. In case of any conflict between the descriptions set forth in clauses (i)
through (iv) and such map, such map shall
govern. The park shall include the following:
(i) The area included within the New Bedford Historic District (a National Landmark
District), also known as the Bedford Landing
Waterfront Historic District, as listed within the National Register of Historic Places
and in the Massachusetts State Register of
Historic Places.
(ii) The National Historic Landmark
Schooner Ernestina, with its home port in
New Bedford.
(iii) The land along the eastern boundary
of the New Bedford National Historic Landmark District over the east side of MacArthur Drive from the Route 6 overpass on
the north to an extension of School Street
on the south.
(iv) The land north of Elm Street in New
Bedford, bounded by Acushnet Avenue on
the west, Route 6 (ramps) on the north, MacArthur Drive on the east, and Elm Street on
the south.
(B) In addition to the sites, areas, and relics
referred to in subparagraph (A), the Secretary
may assist in the interpretation and preservation of each of the following:
(i) The southwest corner of the State Pier.
(ii) Waterfront Park, immediately south of
land adjacent to the State Pier.
(iii) The Rotch-Jones-Duff House and Garden Museum, located at 396 County Street.

Page 385

§ 410ddd

TITLE 16—CONSERVATION

(iv) The Wharfinger Building, located on
Piers 3 and 4.
(v) The Bourne Counting House, located on
Merrill’s Wharf.
(d) Related facilities
To ensure that the contribution of Alaska Natives to the history of whaling in the United
States is fully recognized, the Secretary shall
provide—
(1) financial and other assistance to establish links between the New Bedford Whaling
National Historical Park and the North Slope
Borough Cultural Center, located in Barrow,
Alaska; and
(2) appropriate assistance and funding for
the North Slope Borough Cultural Center.
(e) Administration of park
(1) In general
The park shall be administered by the Secretary in accordance with this section and the
provisions of law generally applicable to units
of the National Park System, including sections 1, 2, 3, 4, and 461 to 467 of this title.
(2) Cooperative agreements
(A) The Secretary may consult and enter
into cooperative agreements with interested
entities and individuals to provide for the
preservation, development, interpretation, and
use of the park.
(B) Any payment made by the Secretary pursuant to a cooperative agreement under this
paragraph shall be subject to an agreement
that conversion, use, or disposal of the project
so assisted for purposes contrary to the purposes of this section, as determined by the
Secretary, shall result in a right of the United
States to reimbursement of all funds made
available to such project or the proportion of
the increased value of the project attributable
to such funds as determined at the time of
such conversion, use, or disposal, whichever is
greater.
(3) Non-Federal matching requirements
(A) Funds authorized to be appropriated to
the Secretary for the purposes of—
(i) cooperative agreements under paragraph (2) shall be expended in the ratio of
one dollar of Federal funds for each four dollars of funds contributed by non-Federal
sources; and
(ii) construction, restoration, and rehabilitation of visitors and interpretive facilities
(other than annual operation and maintenance costs) shall be expended in the ratio of
one dollar of Federal funds for each one dollar of funds contributed by non-Federal
sources.
(B) For the purposes of this paragraph, the
Secretary is authorized to accept from nonFederal sources, and to utilize for purposes of
this section, any money so contributed. With
the approval of the Secretary, any donation of
property, services, or goods from a non-Federal source may be considered as a contribution of funds from a non-Federal source for the
purposes of this paragraph.
(4) Acquisition of real property
For the purposes of the park, the Secretary
may acquire only by donation such lands, in-

terests in lands, and improvements thereon
within the park as are needed for essential visitor contact and interpretive facilities.
(5) Other property, funds, and services
The Secretary may accept donated funds,
property, and services to carry out this section.
(f) General management plan
Not later than the end of the second fiscal
year beginning after November 12, 1996, the Secretary shall submit to the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of
the Senate a general management plan for the
park and shall implement such plan as soon as
practically possible. The plan shall be prepared
in accordance with section 1a–7(b) of this title
and other applicable law.
(g) Authorization of appropriations
(1) In general
Except as provided in paragraph (2), there
are authorized to be appropriated such sums as
may be necessary to carry out annual operations and maintenance with respect to the
park and to carry out the activities under subsection (d) of this section.
(2) Exceptions
In carrying out this section—
(A) not more than $5,000,000 may be appropriated for construction, restoration, and rehabilitation of visitor and interpretive facilities, and directional and visitor orientation signage;
(B) none of the funds authorized to be appropriated by this section may be used for
the operation or maintenance of the Schooner Ernestina; and
(C) not more than $50,000 annually of Federal funds may be used for interpretive and
education programs for the Schooner Ernestina pursuant to cooperative agreements
under subsection (e)(2) of this section.
(Pub. L. 104–333, div. I, title V, § 511, Nov. 12, 1996,
110 Stat. 4159; Pub. L. 106–176, title I, § 111(a),
Mar. 10, 2000, 114 Stat. 26; Pub. L. 108–7, div. F,
title I, § 154, Feb. 20, 2003, 117 Stat. 246.)
AMENDMENTS
2003—Subsec. (g)(2)(A). Pub. L. 108–7 substituted
‘‘$5,000,000’’ for ‘‘$2,000,000’’.
2000—Pub. L. 106–176, § 111(a)(1), substituted ‘‘Whaling
National Historical Park’’ for ‘‘National Historic Landmark District’’ in section catchline.
Subsec. (c)(1). Pub. L. 106–176, § 111(a)(2)(A), substituted ‘‘certain districts, structures, and relics’’ for
‘‘certain districts structures, and relics’’.
Subsec. (c)(2)(A)(i). Pub. L. 106–176, § 111(a)(2)(B), substituted ‘‘The area included within the New Bedford
Historic District (a National Landmark District), also
known as the’’ for ‘‘The area included with the New
Bedford National Historic Landmark District, known
as the’’.
Subsec. (d)(2). Pub. L. 106–176, § 111(a)(3), struck out
‘‘to provide’’ before ‘‘appropriate assistance’’.
Subsecs. (e), (f). Pub. L. 106–176, § 111(a)(4), redesignated subsec. (e), relating to general management plan,
as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 106–176, § 111(a)(4), redesignated
subsec. (f) as (g).
Subsec. (g)(1). Pub. L. 106–176, § 111(a)(5)(A), substituted ‘‘subsection (d) of this section.’’ for ‘‘section
3(D).’’

§ 410eee

TITLE 16—CONSERVATION

Subsec. (g)(2)(C). Pub. L. 106–176, § 111(a)(5)(B), substituted ‘‘cooperative agreements under subsection
(e)(2) of this section’’ for ‘‘cooperative grants under
subsection (d)(2) of this section’’.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

SUBCHAPTER LIX–CC—ADAMS NATIONAL
HISTORICAL PARK
§ 410eee. Findings and purposes
(a) Findings
Congress finds that—
(1) in 1946, Secretary of the Interior J.A.
Krug, by means of the authority granted the
Secretary of the Interior under section 462 of
this title, established the Adams Mansion National Historic Site, located in Quincy, Massachusetts;
(2) in 1952, Acting Secretary of the Interior
Vernon D. Northrup enlarged the site and renamed it the Adams National Historic Site,
using the Secretary’s authority as provided in
sections 461 to 467 of this title;
(3) in 1972, Congress, through Public Law
92–272, authorized the Secretary of the Interior
to add approximately 3.68 acres at Adams National Historic Site;
(4) in 1978, Congress, through Public Law
95–625, authorized the Secretary of the Interior
to accept by conveyance the birthplaces of
John Adams and John Quincy Adams, both in
Quincy, Massachusetts, to be managed as part
of the Adams National Historic Site;
(5) in 1980, Congress, through Public Law
96–435, authorized the Secretary of the Interior
to accept the conveyance of the United First
Parish Church in Quincy, Massachusetts, the
burial place of John Adams, Abigail Adams,
and John Quincy Adams and his wife, to be administered as part of the Adams National Historic Site;
(6) the actions taken by past Secretaries of
the Interior and past Congresses to preserve
for the benefit, education and inspiration of
present and future generations of Americans
the home, property, birthplaces and burial site
of John Adams, John Quincy Adams, and Abigail Adams, have resulted in a multi-site unit
of the National Park System with no overarching enabling or authorizing legislation;
and
(7) that 1 the sites and resources associated
with John Adams, second President of the
United States, his wife Abigail Adams, and
John Quincy Adams, sixth President of the
United States, require recognition as a national historical park in the National Park
System.
(b) Purpose
The purpose of this subchapter is to establish
the Adams National Historical Park in the City
of Quincy, in the Commonwealth of Massachusetts, to preserve, maintain and interpret the
home, property, birthplaces, and burial site of
1 So

in original. The word ‘‘that’’ probably should not appear.

Page 386

John Adams and his wife Abigail, John Quincy
Adams, and subsequent generations of the
Adams family associated with the Adams property in Quincy, Massachusetts, for the benefit,
education and inspiration of present and future
generations of Americans.
(Pub. L. 105–342, § 2, Nov. 2, 1998, 112 Stat. 3200.)
REFERENCES IN TEXT
Public Law 92–272, referred to in subsec. (a)(3), is Pub.
L. 92–272, Apr. 11, 1972, 86 Stat. 120. Provisions of Pub.
L. 92–272 relating to Adams National Historic Site appear at 86 Stat. 121 and are not classified to the Code.
Public Law 95–625, referred to in subsec. (a)(4), is Pub.
L. 95–625, Nov. 10, 1978, 92 Stat. 3467, as amended. Provisions of Pub. L. 95–625 relating to Adams National Historic Site appear at 92 Stat. 3479 and are not classified
to the Code.
Public Law 96–435, referred to in subsec. (a)(5), is Pub.
L. 96–435, Oct. 10, 1980, 94 Stat. 1861, which is not classified to the Code.
SHORT TITLE
Pub. L. 105–342, § 1, Nov. 2, 1998, 112 Stat. 3200, provided that: ‘‘This Act [enacting this subchapter] may
be cited as the ‘Adams National Historical Park Act of
1998’.’’

§ 410eee–1. Definitions
As used in this subchapter:
(1) Historical park
The term ‘‘historical park’’ means the
Adams National Historical Park established in
section 410eee–2 of this title.
(2) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(Pub. L. 105–342, § 3, Nov. 2, 1998, 112 Stat. 3201.)
§ 410eee–2. Adams National Historical Park
(a) Establishment
In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain properties in
Quincy, Massachusetts, associated with John
Adams, second President of the United States,
his wife, Abigail Adams, John Quincy Adams,
sixth President of the United States, and his
wife, Louisa Adams, there is established the
Adams National Historical Park as a unit of the
National Park System.
(b) Boundaries
The historical park shall be comprised of the
following:
(1) All property administered by the National Park Service in the Adams National
Historic Site as of November 2, 1998, as well as
all property previously authorized to be acquired by the Secretary for inclusion in the
Adams National Historic Site, as generally depicted on the map entitled ‘‘Adams National
Historical Park’’, numbered NERO 386/80,000,
and dated April 1998.
(2) All property authorized to be acquired for
inclusion in the historical park by this subchapter or other law enacted after November
2, 1998.
(c) Visitor and administrative sites
To preserve the historical character and landscape of the main features of the historical

Page 387

§ 410fff

TITLE 16—CONSERVATION

park, the Secretary may acquire up to 10 acres
for the development of visitor, administrative,
museum, curatorial, and maintenance facilities
adjacent to or in the general proximity of the
property depicted on the map identified in subsection (b)(1)(A) 1 of this section.

SUBCHAPTER LIX–DD—BLACK CANYON OF
THE GUNNISON NATIONAL PARK AND
GUNNISON GORGE NATIONAL CONSERVATION AREA

(d) Map
The map of the historical park shall be on file
and available for public inspection in the appropriate offices of the National Park Service.

Congress finds that—
(1) Black Canyon of the Gunnison National
Monument was established for the preservation of its spectacular gorges and additional
features of scenic, scientific, and educational
interest;
(2) the Black Canyon of the Gunnison and
adjacent upland include a variety of unique
ecological, geological, scenic, historical, and
wildlife components enhanced by the serenity
and rural western setting of the area;
(3) the Black Canyon of the Gunnison and
adjacent land provide extensive opportunities
for educational and recreational activities,
and are publicly used for hiking, camping, and
fishing, and for wilderness value, including
solitude;
(4) adjacent public land downstream of the
Black Canyon of the Gunnison National Monument has wilderness value and offers unique
geological, paleontological, scientific, educational, and recreational resources;
(5) public land adjacent to the Black Canyon
of the Gunnison National Monument contributes to the protection of the wildlife,
viewshed, and scenic qualities of the Black
Canyon;
(6) some private land adjacent to the Black
Canyon of the Gunnison National Monument
has exceptional natural and scenic value that
would be threatened by future development
pressures;
(7) the benefits of designating public and private land surrounding the national monument
as a national park include greater long-term
protection of the resources and expanded visitor use opportunities; and
(8) land in and adjacent to the Black Canyon
of the Gunnison Gorge is—
(A) recognized for offering exceptional
multiple use opportunities;
(B) recognized for offering natural, cultural, scenic, wilderness, and recreational
resources; and
(C) worthy of additional protection as a
national conservation area, and with respect
to the Gunnison Gorge itself, as a component of the national wilderness system.

(Pub. L. 105–342, § 4, Nov. 2, 1998, 112 Stat. 3201.)
§ 410eee–3. Administration
(a) In general
The park shall be administered by the Secretary in accordance with this section and the
provisions of law generally applicable to units of
the National Park System, including sections 1,
2, 3, 4, and 461 to 467 of this title.
(b) Cooperative agreements
(1) The Secretary may consult and enter into
cooperative agreements with interested entities
and individuals to provide for the preservation,
development, interpretation, and use of the
park.
(2) Any payment made by the Secretary pursuant to a cooperative agreement under this paragraph shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of
this subchapter, as determined by the Secretary,
shall result in a right of the United States to reimbursement of all funds made available to such
a project or the proportion of the increased
value of the project attributable to such funds
as determined at the time of such conversion,
use, or disposal, whichever is greater.
(c) Acquisition of real property
For the purposes of the park, the Secretary is
authorized to acquire real property with appropriated or donated funds, by donation, or by exchange, within the boundaries of the park.
(d) Omitted
(e) References to historic site
Any reference in any law (other than this subchapter), regulation, document, record, map, or
other paper of the United States to the Adams
National Historic Site shall be considered to be
a reference to the historical park.
(Pub. L. 105–342, § 5, Nov. 2, 1998, 112 Stat. 3201.)
CODIFICATION
Section is comprised of section 5 of Pub. L. 105–342.
Subsec. (d) of section 5 of Pub. L. 105–342 amended section 312 of Pub. L. 95–625 and the first section of Pub.
L. 96–435, which are not classified to the Code.

§ 410eee–4. Authorization of appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out this subchapter.
(Pub. L. 105–342, § 6, Nov. 2, 1998, 112 Stat. 3202.)
1 So

in original. Probably should be subsection ‘‘(b)(1)’’.

§ 410fff. Findings

(Pub. L. 106–76, § 2, Oct. 21, 1999, 113 Stat. 1126.)
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108–128, § 1, Nov. 17, 2003, 117 Stat. 1355, provided that: ‘‘This Act [amending sections 410fff–2,
410fff–3, and 410fff–5 of this title and enacting provisions
set out as notes under section 410fff–2 of this title] may
be cited as the ‘Black Canyon of the Gunnison Boundary Revision Act of 2003’.’’
SHORT TITLE
Pub. L. 106–76, § 1, Oct. 21, 1999, 113 Stat. 1126, provided
that: ‘‘This Act [enacting this subchapter and amending provisions listed in a table of National Monuments
Established Under Presidential Proclamation set out
under section 431 of this title and provisions listed in a
table of Wilderness Areas set out under section 1132 of
this title] may be cited as the ‘Black Canyon of the

§ 410fff–1

TITLE 16—CONSERVATION

Gunnison National Park and Gunnison Gorge National
Conservation Area Act of 1999’.’’

§ 410fff–1. Definitions
In this subchapter:
(1) Conservation Area
The term ‘‘Conservation Area’’ means the
Gunnison Gorge National Conservation Area,
consisting of approximately 57,725 acres surrounding the Gunnison Gorge as depicted on
the Map.
(2) Map
The term ‘‘Map’’ means the map entitled
‘‘Black Canyon of the Gunnison National Park
and Gunnison Gorge NCA—1/22/99’’. The map
shall be on file and available for public inspection in the offices of the Department of the Interior.
(3) Park
The term ‘‘Park’’ means the Black Canyon
of the Gunnison National Park established
under section 410fff–2 of this title and depicted
on the Map.
(4) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(Pub. L. 106–76, § 3, Oct. 21, 1999, 113 Stat. 1127.)
§ 410fff–2. Establishment of Black Canyon of the
Gunnison National Park
(a) Establishment
(1) There is hereby established the Black Canyon of the Gunnison National Park in the State
of Colorado as generally depicted on the map
identified in section 410fff–1 of this title. The
Black Canyon of the Gunnison National Monument is hereby abolished as such, the lands and
interests therein are incorporated within and
made part of the new Black Canyon of the Gunnison National Park, and any funds available for
purposes of the monument shall be available for
purposes of the park.1
(2) The boundary of the Park is revised to include the addition of approximately 2,530 acres,
as generally depicted on the map entitled
‘‘Black Canyon of the Gunnison National Park
and Gunnison Gorge NCA Boundary Modifications’’ and dated April 2, 2003.
(b) Administration
Upon enactment of this subchapter, the Secretary shall transfer the lands under the jurisdiction of the Bureau of Land Management
which are identified on the map for inclusion in
the park 1 to the administrative jurisdiction of
the National Park Service. The Secretary shall
administer the park 1 in accordance with this
subchapter and laws generally applicable to
units of the National Park System, including
sections 1, 2, 3, 4, and 461 to 467 of this title.
(c) Maps and legal description
As soon as practicable after October 21, 1999,
the Secretary shall file maps and a legal description of the park 1 with the Committee on Energy
1 So in original. The word ‘‘park’’ probably should be capitalized.

Page 388

and Natural Resources of the United States Senate and the Committee on 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 subchapter,
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.
(d) Withdrawal
Subject to valid existing rights, all Federal
lands within the park 1 are hereby 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 disposition under all laws relating to mineral and geothermal leasing, and all amendments thereto.
(e) Grazing
(1)(A) Consistent with the requirements of this
subsection, including the limitation in paragraph (3), the Secretary shall allow the grazing
of livestock within the park 1 to continue where
authorized under permits or leases in existence
as of October 21, 1999. Grazing shall be at no
more than the current level, and subject to applicable laws and National Park Service regulations.
(B) Nothing in this subsection shall be construed as extending grazing privileges for any
party or their assignee in any area of the park 1
where, prior to October 21, 1999, such use was
scheduled to expire according to the terms of a
settlement by the United States Claims Court
affecting property incorporated into the boundary of the Black Canyon of the Gunnison National Monument.
(C) Nothing in this subsection shall prohibit
the Secretary from accepting the voluntary termination of leases or permits for grazing within
the park.1
(D) If land within the Park on which the grazing of livestock is authorized under permits or
leases under subparagraph (A) is exchanged for
private land under section 410fff–3(a) of this
title, the Secretary shall transfer any grazing
privileges to the land acquired in the exchange.
(2) Within areas of the park 1 designated as
wilderness, the grazing of livestock, where authorized under permits in existence as of October 21, 1999, shall be permitted to continue subject to such reasonable regulations, policies, and
practices as the Secretary deems necessary, consistent with this subchapter, the Wilderness Act
[16 U.S.C. 1131 et seq.], and other applicable laws
and National Park Service regulations.
(3) With respect to the grazing permits and
leases referenced in this subsection, the Secretary shall allow grazing to continue, subject
to periodic renewal—
(A) with respect to a permit or lease issued
to an individual, for the lifetime of the individual who was the holder of the permit or
lease on October 21, 1999;
(B) with respect to the permit or lease issued
to LeValley Ranch Ltd., for the lifetime of the
last surviving limited partner as of October 21,
1999;

Page 389

§ 410fff–4

TITLE 16—CONSERVATION

(C) with respect to the permit or lease issued
to Sanburg Herefords, L.L.P., for the lifetime
of the last surviving general partner as of October 21, 1999; and
(D) with respect to a permit or lease issued
to a corporation or other legal entity, for a period which shall terminate on the same date
that the last permit or lease held under subparagraphs (A), (B), or (C) terminates, unless
the corporation or legal entity dissolves or
terminates before such time, in which case the
permit or lease shall terminate with the corporation or legal entity.
(Pub. L. 106–76, § 4, Oct. 21, 1999, 113 Stat. 1127;
Pub. L. 108–128, §§ 2(a), 4, Nov. 17, 2003, 117 Stat.
1355, 1356.)
REFERENCES IN TEXT
Upon enactment of this subchapter, referred to in
subsec. (b), was in the original ‘‘upon enactment of this
title’’, which was translated as reading ‘‘upon enactment of this act’’, meaning upon enactment of Pub. L.
106–76, which was approved Oct. 21, 1999, to reflect the
probable intent of Congress.
The Wilderness Act, referred to in subsec. (e)(2), is
Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, 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.
CODIFICATION
Section 4 of Pub. L. 108–128, which directed the
amendment of section 4 of the ‘‘Black Canyon of the
Gunnison National Park and Gunnison Gorge National
Area Act of 1999’’, was executed to this section, which
is section 4 of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation
Area Act of 1999, to reflect the probable intent of Congress. See 2003 Amendment notes below.
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–128, § 2(a), designated existing provisions as par. (1) and added par. (2).
Subsec. (e)(1)(D). Pub. L. 108–128, § 4(a), added subpar.
(D). See Codification note above.
Subsec. (e)(3). Pub. L. 108–128, § 4(b), added subpars.
(B) and (C), redesignated former subpar. (B) as (D), and,
in subpar. (D), substituted ‘‘corporation or’’ for ‘‘partnership, corporation, or’’ in three places and ‘‘subparagraphs (A), (B), or (C)’’ for ‘‘subparagraph (A)’’. See
Codification note above.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
TRANSFER OF ADMINISTRATIVE JURISDICTION
Pub. L. 108–128, § 2(b), Nov. 17, 2003, 117 Stat. 1355, provided that: ‘‘On the date of enactment of this Act [Nov.
17, 2003], the Secretary shall transfer the land under the
jurisdiction of the Bureau of Land Management identified as ‘Tract C’ on the map described in subsection
(a)(2) [amending this section] to the administrative jurisdiction of the National Park Service for inclusion in
the Black Canyon of the Gunnison National Park.’’
ACCESS TO WATER DELIVERY FACILITIES
Pub. L. 108–128, § 5, Nov. 17, 2003, 117 Stat. 1357, provided that: ‘‘The Commissioner of Reclamation shall
retain administrative jurisdiction over the Crystal
Dam Access Road and land, facilities, and roads of the
Bureau of Reclamation in the East Portal area, including the Gunnison Tunnel, and the Crystal Dam area, as

depicted on the map entitled ‘Black Canyon of the Gunnison National Park and Gunnison Gorge NCA Boundary Modifications’, and dated April 2, 2003, for the
maintenance, repair, construction, replacement, and
operation of any facilities relating to the delivery of
water and power under the jurisdiction of the Bureau of
Reclamation.’’

§ 410fff–3. Acquisition of property and minor
boundary adjustments
(a) Additional acquisitions
(1) In general
The Secretary may acquire land or interests
in land depicted on the Map or the map described in section 410fff–2(a)(2) of this title as
proposed additions.
(2) Method of acquisition
(A) In general
Land or interests in land may be acquired
by—
(i) donation;
(ii) transfer;
(iii) purchase with donated or appropriated funds; or
(iv) exchange.
(B) Consent
No land or interest in land may be acquired without the consent of the owner of
the land.
(b) Boundary revision
After acquiring land for the Park, the Secretary shall—
(1) revise the boundary of the Park to include newly-acquired land within the boundary; and
(2) administer newly-acquired land subject
to applicable laws (including regulations).
(c) Boundary survey
As soon as practicable and subject to the
availability of funds the Secretary shall complete an official boundary survey of the Park.
(d) Hunting on privately owned lands
(1) In general
The Secretary may permit hunting on privately owned land added to the Park under
this subchapter, subject to limitations, conditions, or regulations that may be prescribed
by the Secretary.
(2) Termination of authority
On the date that the Secretary acquires fee
ownership of any privately owned land added
to the Park under this subchapter, the authority under paragraph (1) shall terminate with
respect to the privately owned land acquired.
(Pub. L. 106–76, § 5, Oct. 21, 1999, 113 Stat. 1128;
Pub. L. 108–128, § 2(c), Nov. 17, 2003, 117 Stat.
1355.)
AMENDMENTS
2003—Subsec. (a)(1). Pub. L. 108–128 substituted ‘‘Map
or the map described in section 410fff–2(a)(2) of this
title’’ for ‘‘Map’’.

§ 410fff–4. Expansion of the Black Canyon of the
Gunnison Wilderness
(a) Expansion of Black Canyon of the Gunnison
Wilderness
The Black Canyon of the Gunnison Wilderness,
as established by subsection (b) of the first sec-

§ 410fff–5

TITLE 16—CONSERVATION

tion of Public Law 94–567 (90 Stat. 2692), is expanded to include the parcel of land depicted on
the Map as ‘‘Tract A’’ and consisting of approximately 4,419 acres.
(b) Administration
The Black Canyon of the Gunnison Wilderness
shall be administered as a component of the
Park.
(Pub. L. 106–76, § 6, Oct. 21, 1999, 113 Stat. 1129.)
REFERENCES IN TEXT
Subsection (b) of the first section of Public Law
94–567, referred to in subsec. (a), is Pub. L. 94–567, § 1(b),
Oct. 20, 1976, 90 Stat. 2692, which enacted provisions
listed in a table of Wilderness Areas set out under section 1132 of this title.

§ 410fff–5. Establishment of the Gunnison Gorge
National Conservation Area
(a) In general
(1) There is established the Gunnison Gorge
National Conservation Area, consisting of approximately 57,725 acres as generally depicted on
the Map.
(2) The boundary of the Conservation Area is
revised to include the addition of approximately
7,100 acres, as generally depicted on the map entitled ‘‘Black Canyon of the Gunnison National
Park and Gunnison Gorge NCA Boundary Modifications’’, and dated April 2, 2003.
(b) Management of Conservation Area
The Secretary, acting through the Director of
the Bureau of Land Management, shall manage
the Conservation Area to protect the resources
of the Conservation Area in accordance with—
(1) this subchapter;
(2) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(3) other applicable provisions of law.
(c) 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 mining
laws; and from disposition under all laws relating to mineral and geothermal leasing, and all
amendments thereto.
(d) Hunting, trapping, and fishing
(1) In general
The Secretary shall permit hunting, trapping, and fishing within the Conservation Area
in accordance with applicable laws (including
regulations) of the United States and the
State of Colorado.
(2) Exception
The Secretary, after consultation with the
Colorado Division of Wildlife, may issue regulations designating zones where and establishing periods when no hunting or trapping shall
be permitted for reasons concerning—
(A) public safety;
(B) administration; or
(C) public use and enjoyment.
(e) Use of motorized vehicles
In addition to the use of motorized vehicles on
established roadways, the use of motorized vehi-

Page 390

cles in the Conservation Area shall be allowed to
the extent the use is compatible with off-highway vehicle designations as described in the
management plan in effect on October 21, 1999.
(f) Conservation Area management plan
(1) In general
Not later than 4 years after October 21, 1999,
the Secretary shall—
(A) develop a comprehensive plan for the
long-range protection and management of
the Conservation Area; and
(B) transmit the plan to—
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Resources of the
House of Representatives.
(2) Contents of plan
The plan—
(A) shall describe the appropriate uses and
management of the Conservation Area in accordance with this subchapter;
(B) may incorporate appropriate decisions
contained in any management or activity
plan for the area completed prior to October
21, 1999;
(C) may incorporate appropriate wildlife
habitat management plans or other plans
prepared for the land within or adjacent to
the Conservation Area prior to October 21,
1999;
(D) shall be prepared in close consultation
with appropriate Federal, State, county, and
local agencies; and
(E) may use information developed prior to
October 21, 1999, in studies of the land within
or adjacent to the Conservation Area.
(g) Boundary revisions
The Secretary may make revisions to the
boundary of the Conservation Area following acquisition of land necessary to accomplish the
purposes for which the Conservation Area was
designated.
(Pub. L. 106–76, § 7, Oct. 21, 1999, 113 Stat. 1129;
Pub. L. 108–128, § 3, Nov. 17, 2003, 117 Stat. 1356.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (b)(2), is Pub. L. 94–579, Oct.
21, 1976, 90 Stat. 2743, which is classified principally to
chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For
complete classification of this Act to the Code, see
Short Title note set out under section 1701 of Title 43
and Tables.
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–128 designated existing
provisions as par. (1) and added par. (2).
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 410fff–6. Designation of wilderness within the
Conservation Area
(a) Gunnison Gorge Wilderness
(1) In general
Within the Conservation Area, there is designated as wilderness, and as a component of

Page 391

TITLE 16—CONSERVATION

the National Wilderness Preservation System,
the Gunnison Gorge Wilderness, consisting of
approximately 17,700 acres, as generally depicted on the Map.
(2) Administration
(A) Wilderness study area exemption
The approximately 300-acre portion of the
wilderness study area depicted on the Map
for release from section 1782 of title 43 shall
not be subject to section 1782(c) of title 43.
(B) Incorporation into national Conservation
Area
The portion of the wilderness study area
described in subparagraph (A) shall be incorporated into the Conservation Area.
(b) Administration
Subject to valid rights in existence on October
21, 1999, the wilderness areas designated under
this subchapter shall be administered by the
Secretary in accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.) except that any reference
in such provisions to the effective date of the
Wilderness Act shall be deemed to be a reference
to the effective date of this subchapter and any
reference to the Secretary of Agriculture shall
be deemed to be a reference to the Secretary of
the Interior.
(c) State responsibility
As provided in section 4(d)(7) of the Wilderness
Act (16 U.S.C. 1133(d)(7)), nothing in this subchapter or in the Wilderness Act shall affect the
jurisdiction or responsibilities of the State of
Colorado with respect to wildlife and fish on the
public land located in that State.
(d) Maps and legal descriptions
As soon as practicable after October 21, 1999,
the Secretary of the Interior shall file a map
and a legal description of the Gunnison Gorge
Wilderness with the Committee on Energy and
Natural Resources of the United States Senate
and the Committee on Resources of the United
States House of Representatives. This map and
description shall have the same force and effect
as if included in this subchapter. The Secretary
of the Interior may correct clerical and typographical errors in the map and legal description. The map and legal description shall be on
file and available in the office of the Director of
the Bureau of Land Management (BLM).
(Pub. L. 106–76, § 8, Oct. 21, 1999, 113 Stat. 1130.)
REFERENCES IN TEXT
The Wilderness Act, referred to in subsecs. (b) and (c),
is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended,
which is classified generally to chapter 23 (§ 1131 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
1131 of this title and Tables.
The effective date of the Wilderness Act, referred to
in subsec. (b), means Sept. 3, 1964, the date of enactment of Pub. L. 88–577, which enacted chapter 23 of this
title.
The effective date of this subchapter, referred to in
subsec. (b), means Oct. 21, 1999, the date of enactment
of Pub. L. 106–76, which enacted this subchapter.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House

§ 410fff–9

of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 410fff–7. Withdrawal
Subject to valid existing rights, the Federal
lands identified on the Map as ‘‘BLM Withdrawal (Tract B)’’ (comprising approximately
1,154 acres) are hereby 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 disposition
under all laws relating to mineral and geothermal leasing, and all amendments thereto.
(Pub. L. 106–76, § 9, Oct. 21, 1999, 113 Stat. 1131.)
§ 410fff–8. Water rights
(a) Effect on water rights
Nothing in this subchapter shall—
(1) constitute an express or implied reservation of water for any purpose; or
(2) affect any water rights in existence prior
to October 21, 1999, including any water rights
held by the United States.
(b) Additional water rights
Any new water right that the Secretary determines is necessary for the purposes of this subchapter shall be established in accordance with
the procedural and substantive requirements of
the laws of the State of Colorado.
(Pub. L. 106–76, § 10, Oct. 21, 1999, 113 Stat. 1131.)
§ 410fff–9. Study of lands within and adjacent to
Curecanti National Recreation Area
(a) In general
Not later than 3 years after October 21, 1999,
the Secretary, acting through the Director of
the National Park Service, shall conduct a
study concerning land protection and open space
within and adjacent to the area administered as
the Curecanti National Recreation Area.
(b) Purpose of study
The study required to be completed under subsection (a) of this section shall—
(1) assess the natural, cultural, recreational
and scenic resource value and character of the
land within and surrounding the Curecanti National Recreation Area (including open vistas,
wildlife habitat, and other public benefits);
(2) identify practicable alternatives that
protect the resource value and character of
the land within and surrounding the Curecanti
National Recreation Area;
(3) recommend a variety of economically
feasible and viable tools to achieve the purposes described in paragraphs (1) and (2); and
(4) estimate the costs of implementing the
approaches recommended by the study.
(c) Submission of report
Not later than 3 years from October 21, 1999,
the Secretary shall submit a report to Congress
that—
(1) contains the findings of the study required by subsection (a) of this section;
(2) makes recommendations to Congress
with respect to the findings of the study required by subsection (a) of this section; and
(3) makes recommendations to Congress regarding action that may be taken with respect
to the land described in the report.

§ 410fff–10

TITLE 16—CONSERVATION

(d) Acquisition of additional land and interests
in land
(1) In general
Prior to the completion of the study required by subsection (a) of this section, the
Secretary may acquire certain private land or
interests in land as depicted on the Map entitled ‘‘Proposed Additions to the Curecanti National Recreation Area’’, dated 01/25/99, totaling approximately 1,065 acres and entitled
‘‘Hall and Fitti properties’’.
(2) Method of acquisition
(A) In general
Land or an interest in land under paragraph (1) may be acquired by—
(i) donation;
(ii) purchase with donated or appropriated funds; or
(iii) exchange.
(B) Consent
No land or interest in land may be acquired without the consent of the owner of
the land.
(C) Boundary revisions following acquisition
Following the acquisition of land under
paragraph (1), the Secretary shall—
(i) revise the boundary of the Curecanti
National Recreation Area to include
newly-acquired land; and
(ii) administer newly-acquired land according to applicable laws (including regulations).
(Pub. L. 106–76, § 11, Oct. 21, 1999, 113 Stat. 1131.)
§ 410fff–10. Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this subchapter.
(Pub. L. 106–76, § 12, Oct. 21, 1999, 113 Stat. 1133.)
SUBCHAPTER LIX–EE—ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK
§ 410ggg. Rosie the Riveter/World War II Home
Front National Historical Park
(a) Establishment
In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain sites, structures,
and areas located in Richmond, California, that
are associated with the industrial, governmental, and citizen efforts that led to victory in
World War II, there is established the Rosie the
Riveter/World War II Home Front National Historical Park (in this subchapter referred to as
the ‘‘park’’).
(b) Areas included
The boundaries of the park shall be those generally depicted on the map entitled ‘‘Proposed
Boundary Map, Rosie the Riveter/World War II
Home Front National Historical Park’’ numbered 963/80,000 and dated May 2000. The map
shall be on file and available for public inspection in the appropriate offices of the National
Park Service.

Page 392

(Pub. L. 106–352, § 2, Oct. 24, 2000, 114 Stat. 1370;
Pub. L. 108–352, § 6(1), Oct. 21, 2004, 118 Stat. 1396.)
AMENDMENTS
2004—Subsec. (b). Pub. L. 108–352 substituted ‘‘numbered 963/80,000’’ for ‘‘numbered 963/80000’’.
SHORT TITLE
Pub. L. 106–352, § 1, Oct. 24, 2000, 114 Stat. 1370, provided that: ‘‘This Act [enacting this subchapter] may
be cited as the ‘Rosie the Riveter/World War II Home
Front National Historical Park Establishment Act of
2000’.’’

§ 410ggg–1. Administration of the National Historical Park
(a) In general
(1) General administration
The Secretary of the Interior (in this subchapter referred to as the ‘‘Secretary’’) shall
administer the park in accordance with this
subchapter and the provisions of law generally
applicable to units of the National Park System, including sections 1, 2, 3, and 4 of this
title and sections 461 to 467 of this title.
(2) Specific authorities
The Secretary may interpret the story of
Rosie the Riveter and the World War II home
front, conduct and maintain oral histories
that relate to the World War II home front
theme, and provide technical assistance in the
preservation of historic properties that support this story.
(b) Cooperative agreements
(1) General agreements
The Secretary may enter into cooperative
agreements with the owners of the Child Development Field Centers (Ruth C. Powers)
(Maritime), Atchison Housing, the KaiserPermanente Field Hospital, and Richmond
Fire Station 67A, 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 under which
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.
(2) Limited agreements
The Secretary may consult and enter into
cooperative agreements with interested persons for interpretation and technical assistance with the preservation of—
(A) the Ford Assembly Building;
(B) the intact dry docks/basin docks and
five historic structures at Richmond Shipyard #3;
(C) the Shimada Peace Memorial Park;
(D) Westshore Park;
(E) the Rosie the Riveter Memorial;
(F) Sheridan Observation Point Park;
(G) the Bay Trail/Esplanade;
(H) Vincent Park; and
(I) the vessel S.S. RED OAK VICTORY,
and Whirley Cranes associated with shipbuilding in Richmond.

Page 393

§ 410ggg–3

TITLE 16—CONSERVATION

(c) Education center
The Secretary may establish a World War II
Home Front Education Center in the Ford Assembly Building. Such center shall include a
program that allows for distance learning and
linkages to other representative sites across the
country, for the purpose of educating the public
as to the significance of the site and the World
War II Home Front.
(d) Use of Federal funds
(1) Non-Federal matching
(A) As a condition of expending any funds
appropriated to the Secretary for the purposes
of the cooperative agreements under subsection (b)(2) of this section, the Secretary
shall require that such expenditure must be
matched by expenditure of an equal amount of
funds, goods, services, or in-kind contributions
provided by non-Federal sources.
(B) With the approval of the Secretary, any
donation of property, services, or goods from a
non-Federal source may be considered as a
contribution of funds from a non-Federal
source for purposes of this paragraph.
(2) Cooperative agreement
Any payment made by the Secretary pursuant to a cooperative agreement under this section shall be subject to an agreement that
conversion, use, or disposal of the project so
assisted for purposes contrary to the purposes
of this subchapter, as determined by the Secretary, shall entitle the United States to reimbursement of the greater of—
(A) all funds paid by the Secretary to such
project; or
(B) the proportion of the increased value of
the project attributable to such payments,
determined at the time of such conversion,
use, or disposal.
(e) Acquisition
(1) Ford Assembly Building
The Secretary may acquire a leasehold interest in the Ford Assembly Building for the
purposes of operating a World War II Home
Front Education Center.
(2) Other facilities
The Secretary may acquire, from willing
sellers, lands or interests in the Child Development Field Centers (Ruth C. Powers) (Maritime),
Atchison
Housing,
the
KaiserPermanente Field Hospital, and Richmond
Fire Station 67A, through donation, purchase
with donated or appropriated funds, transfer
from any other Federal agency, or exchange.
(3) Artifacts
The Secretary may acquire and provide for
the curation of historic artifacts that relate to
the park.
(f) Donations
The Secretary may accept and use donations
of funds, property, and services to carry out this
subchapter.
(g) General management plan
(1) In general
Not later than 3 complete fiscal years after
the date funds are made available, the Sec-

retary shall prepare, in consultation with the
City of Richmond, California, and transmit to
the Committee on Resources of the House of
Representatives and the Committee on Energy
and Natural Resources of the Senate a general
management plan for the park in accordance
with the provisions of section 1a–7(b) of this
title and other applicable law.
(2) Preservation of setting
The general management plan shall include
a plan to preserve the historic setting of the
Rosie the Riveter/World War II Home Front
National Historical Park, which shall be jointly developed and approved by the City of Richmond.
(3) Additional sites
The general management plan shall include
a determination of whether there are additional representative sites in Richmond that
should be added to the park or sites in the rest
of the United States that relate to the industrial, governmental, and citizen efforts during
World War II that should be linked to and interpreted at the park. Such determination
shall consider any information or findings developed in the National Park Service study of
the World War II Home Front under section
410ggg–2 of this title.
(Pub. L. 106–352, § 3, Oct. 24, 2000, 114 Stat. 1370;
Pub. L. 108–352, § 6(2), Oct. 21, 2004, 118 Stat. 1396.)
AMENDMENTS
2004—Subsec. (a)(1). Pub. L. 108–352, § 6(2)(A), made
technical amendment to reference in original act which
appears in text as reference to sections 1, 2, 3, and 4 of
this title.
Subsec. (b)(1). Pub. L. 108–352, § 6(2)(B), substituted
‘‘the Child Development Field Centers (Ruth C. Powers)
(Maritime), Atchison Housing, the Kaiser-Permanente
Field Hospital, and Richmond Fire Station 67A’’ for
‘‘the World War II Child Development Centers, the
World War II worker housing, the Kaiser-Permanente
Field Hospital, and Fire Station 67A’’.
Subsec. (e)(2). Pub. L. 108–352, § 6(2)(C), substituted
‘‘the Child Development Field Centers (Ruth C. Powers)
(Maritime), Atchison Housing, the Kaiser-Permanente
Field Hospital, and Richmond Fire Station 67A,’’ for
‘‘the World War II day care centers, the World War II
worker housing, the Kaiser-Permanente Field Hospital,
and Fire Station 67,’’.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 410ggg–2. World War II home front study
The Secretary shall conduct a theme study of
the World War II home front to determine
whether other sites in the United States meet
the criteria for potential inclusion in the National Park System in accordance with section
1a–5 of this title.
(Pub. L. 106–352, § 4, Oct. 24, 2000, 114 Stat. 1372.)
§ 410ggg–3. Authorization of appropriations
(a) In general
(1) Oral histories, preservation, and visitor
services
There are authorized to be appropriated such
sums as may be necessary to conduct oral his-

§ 410hhh

TITLE 16—CONSERVATION

tories and to carry out the preservation, interpretation, education, and other essential visitor services provided for by this subchapter.
(2) Artifacts
There are authorized to be appropriated
$1,000,000 for the acquisition and curation of
historical artifacts related to the park.
(b) Property acquisition
There are authorized to be appropriated such
sums as are necessary to acquire the properties
listed in section 410ggg–1(e)(2) of this title.
(c) Limitation on use of funds for S.S. RED OAK
VICTORY
None of the funds authorized to be appropriated by this section may be used for the operation, maintenance, or preservation of the vessel S.S. RED OAK VICTORY.
(Pub. L. 106–352, § 5, Oct. 24, 2000, 114 Stat. 1372.)
SUBCHAPTER LIX–FF—GREAT SAND DUNES
NATIONAL PARK AND PRESERVE
§ 410hhh. Findings
Congress finds that—
(1) the Great Sand Dunes National Monument in the State of Colorado was established
by Presidential proclamation in 1932 to preserve Federal land containing spectacular and
unique sand dunes and additional features of
scenic, scientific, and educational interest for
the benefit and enjoyment of future generations;
(2) the Great Sand Dunes, together with the
associated sand sheet and adjacent wetland
and upland, contain a variety of rare ecological, geological, paleontological, archaeological, scenic, historical, and wildlife components, which—
(A) include the unique pulse flow characteristics of Sand Creek and Medano Creek
that are integral to the existence of the
dunes system;
(B) interact to sustain the unique Great
Sand Dunes system beyond the boundaries of
the existing National Monument;
(C) are enhanced by the serenity and rural
western setting of the area; and
(D) comprise a setting of irreplaceable national significance;
(3) the Great Sand Dunes and adjacent land
within the Great Sand Dunes National Monument—
(A) provide extensive opportunities for
educational activities, ecological research,
and recreational activities; and
(B) are publicly used for hiking, camping,
and fishing, and for wilderness value (including solitude);
(4) other public and private land adjacent to
the Great Sand Dunes National Monument—
(A) offers additional unique geological,
hydrological, paleontological, scenic, scientific, educational, wildlife, and recreational resources; and
(B) contributes to the protection of—
(i) the sand sheet associated with the
dune mass;
(ii) the surface and ground water systems that are necessary to the preserva-

Page 394

tion of the dunes and the adjacent wetland; and
(iii) the wildlife, viewshed, and scenic
qualities of the Great Sand Dunes National
Monument;
(5) some of the private land described in
paragraph (4) contains important portions of
the sand dune mass, the associated sand sheet,
and unique alpine environments, which would
be threatened by future development pressures;
(6) the designation of a Great Sand Dunes
National Park, which would encompass the existing Great Sand Dunes National Monument
and additional land, would provide—
(A) greater long-term protection of the geological, hydrological, paleontological, scenic, scientific, educational, wildlife, and recreational resources of the area (including
the sand sheet associated with the dune
mass and the ground water system on which
the sand dune and wetland systems depend);
and
(B) expanded visitor use opportunities;
(7) land in and adjacent to the Great Sand
Dunes National Monument is—
(A) recognized for the culturally diverse
nature of the historical settlement of the
area;
(B) recognized for offering natural, ecological, wildlife, cultural, scenic, paleontological, wilderness, and recreational resources; and
(C) recognized as being a fragile and irreplaceable ecological system that could be
destroyed if not carefully protected; and
(8) preservation of this diversity of resources
would ensure the perpetuation of the entire
ecosystem for the enjoyment of future generations.
(Pub. L. 106–530, § 2, Nov. 22, 2000, 114 Stat. 2527.)
SHORT TITLE
Pub. L. 106–530, § 1, Nov. 22, 2000, 114 Stat. 2527, provided that: ‘‘This Act [enacting this subchapter and
provisions listed in a table of National Wildlife Refuges
set out under section 668dd of this title] may be cited
as the ‘Great Sand Dunes National Park and Preserve
Act of 2000’.’’

§ 410hhh–1. Definitions
In this subchapter:
(1) Advisory Council
The term ‘‘Advisory Council’’ means the
Great Sand Dunes National Park Advisory
Council established under section 410hhh–6(a) 1
of this title.
(2) Luis Maria Baca Grant No. 4
The term ‘‘Luis Maria Baca Grant No. 4’’
means those lands as described in the patent
dated February 20, 1900, from the United
States to the heirs of Luis Maria Baca recorded in book 86, page 20, of the records of the
Clerk and Recorder of Saguache County, Colorado.
(3) Map
The term ‘‘map’’ means the map entitled
‘‘Great Sand Dunes National Park and Pre1 So

in original. Probably should be section ‘‘410hhh–8(a)’’.

Page 395

§ 410hhh–3

TITLE 16—CONSERVATION

serve’’, numbered 140/80,032 and dated September 19, 2000.
(4) National monument
The term ‘‘national monument’’ means the
Great Sand Dunes National Monument, including lands added to the monument pursuant to this subchapter.
(5) National park
The term ‘‘national park’’ means the Great
Sand Dunes National Park established in section 410hhh–2 of this title.
(6) National wildlife refuge
The term ‘‘wildlife refuge’’ means the Baca
National Wildlife Refuge established in section 410hhh–4 of this title.
(7) Preserve
The term ‘‘preserve’’ means the Great Sand
Dunes National Preserve established in section 410hhh–3 of this title.
(8) Resources
The term ‘‘resources’’ means the resources
described in section 410hhh of this title.
(9) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(10) Uses
The term ‘‘uses’’ means the uses described in
section 410hhh of this title.
(Pub. L. 106–530, § 3, Nov. 22, 2000, 114 Stat. 2528.)
§ 410hhh–2. Great Sand Dunes National Park,
Colorado
(a) Establishment
When the Secretary determines that sufficient
land having a sufficient diversity of resources
has been acquired to warrant designation of the
land as a national park, the Secretary shall establish the Great Sand Dunes National Park in
the State of Colorado, as generally depicted on
the map, as a unit of the National Park System.
Such establishment shall be effective upon publication of a notice of the Secretary’s determination in the Federal Register.
(b) Availability of map
The map shall be on file and available for public inspection in the appropriate offices of the
National Park Service.
(c) Notification
Until the date on which the national park is
established, the Secretary shall annually notify
the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives of—
(1) the estimate of the Secretary of the lands
necessary to achieve a sufficient diversity of
resources to warrant designation of the national park; and
(2) the progress of the Secretary in acquiring
the necessary lands.
(d) Abolishment of National Monument
(1) On the date of establishment of the national park pursuant to subsection (a) of this
section, the Great Sand Dunes National Monu-

ment shall be abolished, and any funds made
available for the purposes of the national monument shall be available for the purposes of the
national park.
(2) Any reference in any law (other than this
subchapter), regulation, document, record, map,
or other paper of the United States to ‘‘Great
Sand Dunes National Monument’’ shall be considered a reference to ‘‘Great Sand Dunes National Park’’.
(e) Transfer of jurisdiction
Administrative jurisdiction is transferred to
the National Park Service over any land under
the jurisdiction of the Department of the Interior that—
(1) is depicted on the map as being within
the boundaries of the national park or the preserve; and
(2) is not under the administrative jurisdiction of the National Park Service on November 22, 2000.
(Pub. L. 106–530, § 4, Nov. 22, 2000, 114 Stat. 2529.)
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
DESIGNATION OF PARK
On Sept. 13, 2004, the Secretary of the Interior made
the determination under subsec. (a) of this section and
designated the existing Great Sand Dunes National
Monument as the Great Sand Dunes National Park. See
69 F.R. 57355.

§ 410hhh–3. Great Sand Dunes National Preserve,
Colorado
(a) Establishment of Great Sand Dunes National
Preserve
(1) There is hereby established the Great Sand
Dunes National Preserve in the State of Colorado, as generally depicted on the map, as a unit
of the National Park System.
(2) Administrative jurisdiction of lands and interests therein administered by the Secretary of
Agriculture within the boundaries of the preserve is transferred to the Secretary of the Interior, to be administered as part of the preserve.
The Secretary of Agriculture shall modify the
boundaries of the Rio Grande National Forest to
exclude the transferred lands from the forest
boundaries.
(3) Any lands within the preserve boundaries
which were designated as wilderness prior to November 22, 2000, shall remain subject to the Wilderness Act (16 U.S.C. 1131 et seq.) and the Colorado Wilderness Act of 1993 (Public Law 103–767;
16 U.S.C. 539i note).
(b) Map and legal description
(1) As soon as practicable after the establishment of the national park and the preserve, the
Secretary shall file maps and a legal description
of the national park and the preserve with the
Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of
the House of Representatives.
(2) The map and legal description shall have
the same force and effect as if included in this
subchapter, except that the Secretary may cor-

§ 410hhh–4

TITLE 16—CONSERVATION

rect clerical and typographical errors in the
legal description and maps.
(3) The map and legal description shall be on
file and available for public inspection in the appropriate offices of the National Park Service.
(c) Boundary survey
As soon as practicable after the establishment
of the national park and preserve and subject to
the availability of funds, the Secretary shall
complete an official boundary survey.
(Pub. L. 106–530, § 5, Nov. 22, 2000, 114 Stat. 2529.)
REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (a)(3), is
Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended,
which is classified generally to chapter 23 (§ 1131 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
1131 of this title and Tables.
The Colorado Wilderness Act of 1993, referred to in
subsec. (a)(3), is Pub. L. 103–77, Aug. 13, 1993, 107 Stat.
756. For complete classification of this Act to the Code,
see Short Title note set out under section 539i of this
title and Tables.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 410hhh–4. Baca National Wildlife Refuge, Colorado
(a) Establishment and purpose
(1) Establishment
(A) In general
When the Secretary determines that sufficient land has been acquired to constitute an
area that can be efficiently managed as a
National Wildlife Refuge, the Secretary
shall establish the Baca National Wildlife
Refuge, as generally depicted on the map.
(B) Effective date
The establishment of the refuge under subparagraph (A) shall be effective upon publication of a notice of the Secretary’s determination in the Federal Register.
(2) Purpose
The purpose of the Baca National Wildlife
Refuge shall be to restore, enhance, and maintain wetland, upland, riparian, and other habitats for native wildlife, plant, and fish species
in the San Luis Valley.
(b) Availability of map
The map shall be on file and available for public inspection in the appropriate offices of the
United States Fish and Wildlife Service.
(c) Administration
(1) In general
The Secretary shall administer all lands and
interests therein acquired within the boundaries of the national wildlife refuge in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd et seq.) and the Act of September 28, 1962
(16 U.S.C. 460k et seq.) (commonly known as
the Refuge Recreation Act).

Page 396

(2) Requirements
In administering the Baca National Wildlife
Refuge, the Secretary shall, to the maximum
extent practicable—
(A) emphasize migratory bird conservation; and
(B) take into consideration the role of the
Refuge in broader landscape conservation efforts.
(d) Protection of water resources
In administering water resources for the national wildlife refuge, the Secretary shall—
(1) protect and maintain irrigation water
rights necessary for the protection of monument, park, preserve, and refuge resources and
uses;
(2) minimize, to the extent consistent with
the protection of national wildlife refuge resources, adverse impacts on other water users;
and
(3) subject to any agreement in existence as
of March 11, 2009, and to the extent consistent
with the purposes of the Refuge, use decreed
water rights on the Refuge in approximately
the same manner that the water rights have
been used historically.
(Pub. L. 106–530, § 6, Nov. 22, 2000, 114 Stat. 2530;
Pub. L. 111–8, div. E, title I, § 117, Mar. 11, 2009,
123 Stat. 724.)
REFERENCES IN TEXT
The National Wildlife Refuge System Administration
Act of 1966, referred to in subsec. (c)(1), consists of sections 4 and 5 of Pub. L. 89–669, Oct. 15, 1966, 80 Stat. 927,
and is classified to sections 668dd and 668ee of this title.
For further details, see Short Title note set out under
section 668dd of this title.
Act of September 28, 1962, referred to in subsec. (c)(1),
is Pub. L. 87–714, Sept. 28, 1962, 76 Stat. 653, popularly
known as the Refuge Recreation Act, which is classified generally to subchapter LXVIII (§ 460k et seq.) of
this chapter.
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–8, § 117(1), substituted
‘‘Establishment and purpose’’ for ‘‘Establishment’’ in
heading, designated existing provisions as par. (1) and
inserted heading, redesignated former pars. (1) and (2)
as subpars. (A) and (B), respectively, and inserted headings, substituted ‘‘The establishment of the refuge
under subparagraph (A)’’ for ‘‘Such establishment’’ in
subpar. (B), and added par. (2).
Subsec. (c). Pub. L. 111–8, § 117(2), designated existing
provisions as par. (1), inserted heading, and added par.
(2).
Subsec. (d)(3). Pub. L. 111–8, § 117(3), added par. (3).

§ 410hhh–5. Administration of national park and
preserve
(a) In general
The Secretary shall administer the national
park and the preserve in accordance with—
(1) this subchapter; and
(2) all laws generally applicable to units of
the National Park System, including—
(A) sections 1, 2, 3, and 4 of this title; and
(B) sections 461 to 467 of this title.
(b) Grazing
(1) Acquired State or private land
With respect to former State or private land
on which grazing is authorized to occur on No-

Page 397

§ 410hhh–6

TITLE 16—CONSERVATION

vember 22, 2000, and which is acquired for the
national monument, or the national park and
preserve, or the wildlife refuge, the Secretary,
in consultation with the lessee, may permit
the continuation of grazing on the land by the
lessee at the time of acquisition, subject to applicable law (including regulations).
(2) Federal land
Where grazing is permitted on land that is
Federal land as of November 22, 2000, and that
is located within the boundaries of the national monument or the national park and
preserve, the Secretary is authorized to permit the continuation of such grazing activities
unless the Secretary determines that grazing
would harm the resources or values of the national park or the preserve.
(3) Termination of leases
Nothing in this subsection shall prohibit the
Secretary from accepting the voluntary termination of leases or permits for grazing within
the national monument or the national park
or the preserve.
(c) Hunting, fishing, and trapping
(1) In general
Except as provided in paragraph (2), the Secretary shall permit hunting, fishing, and trapping on land and water within the preserve in
accordance with applicable Federal and State
laws.
(2) Administrative exceptions
The Secretary may designate areas where,
and establish limited periods when, no hunting, fishing, or trapping shall be permitted
under paragraph (1) for reasons of public safety, administration, or compliance with applicable law.
(3) Agency agreement
Except in an emergency, regulations closing
areas within the preserve to hunting, fishing,
or trapping under this subsection shall be
made in consultation with the appropriate
agency of the State of Colorado having responsibility for fish and wildlife administration.
(4) Savings clause
Nothing in this subchapter affects any jurisdiction or responsibility of the State of Colorado with respect to fish and wildlife on Federal land and water covered by this subchapter.
(d) Closed Basin Division, San Luis Valley
Project
Any feature of the Closed Basin Division, San
Luis Valley Project, located within the boundaries of the national monument, national park
or the national wildlife refuge, including any
well, pump, road, easement, pipeline, canal,
ditch, power line, power supply facility, or any
other project facility, and the operation, maintenance, repair, and replacement of such a feature—
(1) shall not be affected by this subchapter;
and
(2) shall continue to be the responsibility of,
and be operated by, the Bureau of Reclamation in accordance with title I of the Reclama-

tion Project Authorization Act of 1972 (43
U.S.C. 615aaa et seq.).1
(e) Withdrawal
(1) On November 22, 2000, subject to valid existing rights, all Federal land depicted on the map
as being located within Zone A, or within the
boundaries of the national monument, the national park or the preserve is withdrawn from—
(A) all forms of entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the
mining laws; and
(C) disposition under all laws relating to
mineral and geothermal leasing.
(2) The provisions of this subsection also shall
apply to any lands—
(A) acquired under this subchapter; or
(B) transferred from any Federal agency
after November 22, 2000, for the national
monument, the national park or preserve, or
the national wildlife refuge.
(f) Wilderness protection
(1) Nothing in this subchapter alters the Wilderness designation of any land within the national monument, the national park, or the preserve.
(2) All areas designated as Wilderness that are
transferred to the administrative jurisdiction of
the National Park Service shall remain subject
to the Wilderness Act (16 U.S.C. 1131 et seq.) and
the Colorado Wilderness Act of 1993 (Public Law
103–77; 16 U.S.C. 539i note). If any part of this
subchapter conflicts with the provisions of the
Wilderness Act or the Colorado Wilderness Act
of 1993 with respect to the wilderness areas within the preserve boundaries, the provisions of
those Acts shall control.
(Pub. L. 106–530, § 7, Nov. 22, 2000, 114 Stat. 2530.)
REFERENCES IN TEXT
The Reclamation Project Authorization Act of 1972,
referred to in subsec. (d)(2), is Pub. L. 92–514, Oct. 20,
1972, 86 Stat. 964. Title I of the Act was classified generally to subchapter XXXI (§ 615aaa et seq.) of chapter 12
of Title 43, Public Lands, prior to its omission from the
Code. See Codification notes under sections 615aaa to
615iii of Title 43.
The Wilderness Act, referred to in subsec. (f)(2), is
Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended,
which is classified generally to chapter 23 (§ 1131 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
1131 of this title and Tables.
The Colorado Wilderness Act of 1993, referred to in
subsec. (f)(2), is Pub. L. 103–77, Aug. 13, 1993, 107 Stat.
756. For complete classification of this Act to the Code,
see Short Title note set out under section 539i of this
title and Tables.

§ 410hhh–6. Acquisition of property and boundary adjustments
(a) Acquisition authority
(1) Within the area depicted on the map as the
‘‘Acquisition Area’’ or the national monument,
the Secretary may acquire lands and interests
therein by purchase, donation, transfer from another Federal agency, or exchange: Provided,
That lands or interests therein may only be acquired with the consent of the owner thereof.
1 See

References in Text note below.

§ 410hhh–7

TITLE 16—CONSERVATION

(2) Lands or interests therein owned by the
State of Colorado, or a political subdivision
thereof, may only be acquired by donation or exchange.
(b) Boundary adjustment
As soon as practicable after the acquisition of
any land or interest under this section, the Secretary shall modify the boundary of the unit to
which the land is transferred pursuant to subsection (b) 1 of this section to include any land
or interest acquired.
(c) Administration of acquired lands
(1) General authority
Upon acquisition of lands under subsection
(a) of this section, the Secretary shall, as appropriate—
(A) transfer administrative jurisdiction of
the lands to the National Park Service—
(i) for addition to and management as
part of the Great Sand Dunes National
Monument, or
(ii) for addition to and management as
part of the Great Sand Dunes National
Park (after designation of the Park) or the
Great Sand Dunes National Preserve; or
(B) transfer administrative jurisdiction of
the lands to the United States Fish and
Wildlife Service for addition to and administration as part of the Baca National Wildlife
Refuge.
(2) Forest service administration
(A) Any lands acquired within the area depicted on the map as being located within
Zone B shall be transferred to the Secretary of
Agriculture and shall be added to and managed as part of the Rio Grande National Forest.
(B) For the purposes of section 460l–9 of this
title, the boundaries of the Rio Grande National Forest, as revised by the transfer of
land under paragraph (A), shall be considered
to be the boundaries of the national forest.
(Pub. L. 106–530, § 8, Nov. 22, 2000, 114 Stat. 2532.)
§ 410hhh–7. Water rights
(a) Omitted
(b) Effect on water rights
(1) In general
Subject to the amendment made by subsection (a) of this section,1 nothing in this subchapter affects—
(A) the use, allocation, ownership, or control, in existence on November 22, 2000, of
any water, water right, or any other valid
existing right;
(B) any vested absolute or decreed conditional water right in existence on November
22, 2000, including any water right held by
the United States;
(C) any interstate water compact in existence on November 22, 2000; or
(D) subject to the provisions of paragraph
(2), State jurisdiction over any water law.
1 So

in original. Probably should be ‘‘subsection (c)’’.
Codification note below.

1 See

Page 398

(2) Water rights for national park and national
preserve
In carrying out this subchapter, the Secretary shall obtain and exercise any water
rights required to fulfill the purposes of the
national park and the national preserve in accordance with the following provisions:
(A) Such water rights shall be appropriated, adjudicated, changed, and administered pursuant to the procedural requirements and priority system of the laws of the
State of Colorado.
(B) The purposes and other substantive
characteristics of such water rights shall be
established pursuant to State law, except
that the Secretary is specifically authorized
to appropriate water under this subchapter
exclusively for the purpose of maintaining
ground water levels, surface water levels,
and stream flows on, across, and under the
national park and national preserve, in
order to accomplish the purposes of the national park and the national preserve and to
protect park resources and park uses.
(C) Such water rights shall be established
and used without interfering with—
(i) any exercise of a water right in existence on November 22, 2000, for a non-Federal purpose in the San Luis Valley, Colorado; and
(ii) the Closed Basin Division, San Luis
Valley Project.
(D) Except as provided in subsections (c)
and (d) of this section, no Federal reservation of water may be claimed or established
for the national park or the national preserve.
(c) National Forest water rights
To the extent that a water right is established
or acquired by the United States for the Rio
Grande National Forest, the water right shall—
(1) be considered to be of equal use and value
for the national preserve; and
(2) retain its priority and purpose when included in the national preserve.
(d) National Monument water rights
To the extent that a water right has been established or acquired by the United States for
the Great Sand Dunes National Monument, the
water right shall—
(1) be considered to be of equal use and value
for the national park; and
(2) retain its priority and purpose when included in the national park.
(e) Acquired water rights and water resources
(1) In general
(A) If, and to the extent that, the Luis Maria
Baca Grant No. 4 is acquired, all water rights
and water resources associated with the Luis
Maria Baca Grant No. 4 shall be restricted for
use only within—
(i) the national park;
(ii) the preserve;
(iii) the national wildlife refuge; or
(iv) the immediately surrounding areas of
Alamosa or Saguache Counties, Colorado.
(B) USE.—Except as provided in the memorandum of water service agreement and the

Page 399

§ 410iii

TITLE 16—CONSERVATION

water service agreement between the Cabeza
de Vaca Land and Cattle Company, LLC, and
Baca Grande Water and Sanitation District,
dated August 28, 1997, water rights and water
resources described in subparagraph (A) shall
be restricted for use in—
(i) the protection of resources and values
for the national monument, the national
park, the preserve, or the wildlife refuge;
(ii) fish and wildlife management and protection; or
(iii) irrigation necessary to protect water
resources.
(2) State authority
If, and to the extent that, water rights associated with the Luis Maria Baca Grant No. 4
are acquired, the use of those water rights
shall be changed only in accordance with the
laws of the State of Colorado.
(f) Disposal
The Secretary is authorized to sell the water
resources and related appurtenances and fixtures as the Secretary deems necessary to obtain the termination of obligations specified in
the memorandum of water service agreement
and the water service agreement between the
Cabeza de Vaca Land and Cattle Company, LLC
and the Baca Grande Water and Sanitation District, dated August 28, 1997. Prior to the sale,
the Secretary shall determine that the sale is
not detrimental to the protection of the resources of Great Sand Dunes National Monument, Great Sand Dunes National Park, and
Great Sand Dunes National Preserve, and the
Baca National Wildlife Refuge, and that appropriate measures to provide for such protection
are included in the sale.

(A) the purposes for which the national
park and the preserve are established; and
(B) the interests of persons that will be affected by the planning and management of
the national park and the preserve.
(d) Applicable law
The Advisory Council shall function in accordance with the Federal Advisory Committee Act
(5 U.S.C. App.) and other applicable laws.
(e) Vacancy
A vacancy on the Advisory Council shall be
filled in the same manner as the original appointment.
(f) Chairperson
The Advisory Council shall elect a chairperson
and shall establish such rules and procedures as
it deems necessary or desirable.
(g) No compensation
Members of the Advisory Council shall serve
without compensation.
(h) Termination
The Advisory Council shall terminate upon
the completion of the management plan for the
national park and preserve.
(Pub. L. 106–530, § 10, Nov. 22, 2000, 114 Stat. 2535.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (d), 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.

§ 410hhh–9. Authorization of appropriations

(Pub. L. 106–530, § 9, Nov. 22, 2000, 114 Stat. 2533.)

There are authorized to be appropriated such
sums as are necessary to carry out this subchapter.

CODIFICATION

(Pub. L. 106–530, § 11, Nov. 22, 2000, 114 Stat. 2536.)

Section is comprised of section 9 of Pub. L. 106–530.
Subsec. (a) of section 9 of Pub. L. 106–530 amended section 1501(a) of Pub. L. 102–575, 106 Stat. 4663, which is
not classified to the Code.

SUBCHAPTER LIX–GG—CEDAR CREEK AND
BELLE GROVE NATIONAL HISTORICAL
PARK

§ 410hhh–8. Advisory Council

§ 410iii. Purpose

(a) Establishment
The Secretary shall establish an advisory
council to be known as the ‘‘Great Sand Dunes
National Park Advisory Council’’.
(b) Duties
The Advisory Council shall advise the Secretary with respect to the preparation and implementation of a management plan for the national park and the preserve.
(c) Members
The Advisory Council shall consist of 10 members, to be appointed by the Secretary, as follows:
(1) One member of, or nominated by, the
Alamosa County Commission.
(2) One member of, or nominated by, the
Saguache County Commission.
(3) One member of, or nominated by, the
Friends of the Dunes Organization.
(4) Four members residing in, or within reasonable proximity to, the San Luis Valley and
3 of the general public, all of whom have recognized backgrounds reflecting—

The purpose of this subchapter is to establish
the Cedar Creek and Belle Grove National Historical Park in order to—
(1) help preserve, protect, and interpret a nationally significant Civil War landscape and
antebellum plantation for the education, inspiration, and benefit of present and future
generations;
(2) tell the rich story of Shenandoah Valley
history from early settlement through the
Civil War and beyond, and the Battle of Cedar
Creek and its significance in the conduct of
the war in the Shenandoah Valley;
(3) preserve the significant historic, natural,
cultural, military, and scenic resources found
in the Cedar Creek Battlefield and Belle Grove
Plantation areas through partnerships with
local landowners and the community; and
(4) serve as a focal point to recognize and interpret important events and geographic locations within the Shenandoah Valley Battlefields National Historic District representing
key Civil War battles in the Shenandoah Valley, including those battlefields associated

§ 410iii–1

TITLE 16—CONSERVATION

with the Thomas J. (Stonewall) Jackson campaign of 1862 and the decisive campaigns of
1864.
(Pub. L. 107–373, § 2, Dec. 19, 2002, 116 Stat. 3104.)
SHORT TITLE
Pub. L. 107–373, § 1, Dec. 19, 2002, 116 Stat. 3104, provided that: ‘‘This Act [enacting this subchapter] may
be cited as the ‘Cedar Creek and Belle Grove National
Historical Park Act’.’’

§ 410iii–1. Findings
Congress finds the following:
(1) The Battle of Cedar Creek, also known as
the battle of Belle Grove, was a major event of
the Civil War and the history of this country.
It represented the end of the Civil War’s Shenandoah Valley campaign of 1864 and contributed to the reelection of President Abraham
Lincoln and the eventual outcome of the war.
(2) 2,500 acres of the Cedar Creek Battlefield
and Belle Grove Plantation were designated a
national historic landmark in 1969 because of
their ability to illustrate and interpret important eras and events in the history of the
United States. The Cedar Creek Battlefield,
Belle Grove Manor House, the Heater House,
and Harmony Hall (a National Historic Landmark) are also listed on the Virginia Landmarks Register.
(3) The Secretary of the Interior has approved the Shenandoah Valley Battlefields National Historic District Management Plan and
the National Park Service Special Resource
Study, both of which recognized Cedar Creek
Battlefield as the most significant Civil War
resource within the historic district. The management plan, which was developed with extensive public participation over a 3-year period and is administered by the Shenandoah
Valley Battlefields Foundation, recommends
that Cedar Creek Battlefield be established as
a new unit of the National Park System.
(4) The Cedar Creek Battlefield Foundation,
organized in 1988 to preserve and interpret the
Cedar Creek Battlefield and the 1864 Valley
Campaign, has acquired 308 acres of land within the boundaries of the National Historic
Landmark. The foundation annually hosts a
major reenactment and living history event on
the Cedar Creek Battlefield.
(5) Belle Grove Plantation is a Historic Site
of the National Trust for Historic Preservation that occupies 383 acres within the National Historic Landmark. The Belle Grove
Manor House was built by Isaac Hite, a Revolutionary War patriot married to the sister of
President James Madison, who was a frequent
visitor at Belle Grove. President Thomas Jefferson assisted with the design of the house.
During the Civil War Belle Grove was at the
center of the decisive battle of Cedar Creek.
Belle Grove is managed locally by Belle Grove,
Incorporated, and has been open to the public
since 1967. The house has remained virtually
unchanged since it was built in 1797, offering
visitors an experience of the life and times of
the people who lived there in the 18th and 19th
centuries.
(6) The panoramic views of the mountains,
natural areas, and waterways provide visitors

Page 400

with an inspiring setting of great natural
beauty. The historic, natural, cultural, military, and scenic resources found in the Cedar
Creek Battlefield and Belle Grove Plantation
areas are nationally and regionally significant.
(7) The existing, independent, not-for-profit
organizations dedicated to the protection and
interpretation of the resources described
above provide the foundation for public-private partnerships to further the success of protecting, preserving, and interpreting these resources.
(8) None of these resources, sites, or stories
of the Shenandoah Valley are protected by or
interpreted within the National Park System.
(Pub. L. 107–373, § 3, Dec. 19, 2002, 116 Stat. 3104.)
§ 410iii–2. Definitions
In this subchapter:
(1) Commission
The term ‘‘Commission’’ means the Cedar
Creek and Belle Grove National Historical
Park Advisory Commission established by section 410iii–7 of this title.
(2) Map
The term ‘‘Map’’ means the map entitled
‘‘Boundary Map Cedar Creek and Belle Grove
National
Historical
Park’’,
numbered
CEBE–80,001, and dated September 2002.
(3) Park
The term ‘‘Park’’ means the Cedar Creek
and Belle Grove National Historical Park established under section 410iii–3 of this title
and depicted on the Map.
(4) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(Pub. L. 107–373, § 4, Dec. 19, 2002, 116 Stat. 3105.)
§ 410iii–3. Establishment of Cedar Creek and
Belle Grove National Historical Park
(a) Establishment
There is established the Cedar Creek and Belle
Grove National Historical Park, consisting of
approximately 3,000 acres, as generally depicted
on the Map.
(b) Availability of Map
The Map shall be on file and available for public inspection in the offices of the National Park
Service, Department of the Interior.
(Pub. L. 107–373, § 5, Dec. 19, 2002, 116 Stat. 3106.)
§ 410iii–4. Acquisition of property
(a) Real property
The Secretary may acquire land or interests
in land within the boundaries of the Park, from
willing sellers only, by donation, purchase with
donated or appropriated funds, or exchange.
(b) Boundary revision
After acquiring land for the Park, the Secretary shall—
(1) revise the boundary of the Park to include newly acquired land within the boundary; and

Page 401

TITLE 16—CONSERVATION

(2) administer newly acquired land subject
to applicable laws (including regulations).
(c) Personal property
The Secretary may acquire personal property
associated with, and appropriate for, interpretation of the Park.
(d) Conservation easements and covenants
The Secretary is authorized to acquire conservation easements and enter into covenants
regarding lands in or adjacent to the Park from
willing sellers only. Such conservation easements and covenants shall have the effect of
protecting the scenic, natural, and historic resources on adjacent lands and preserving the
natural or historic setting of the Park when
viewed from within or outside the Park.
(e) Support facilities
The National Park Service is authorized to acquire from willing sellers, land outside the Park
boundary but in close proximity to the Park, for
the development of visitor, administrative, museum, curatorial, and maintenance facilities.
(Pub. L. 107–373, § 6, Dec. 19, 2002, 116 Stat. 3106.)
§ 410iii–5. Administration
The Secretary shall administer the Park in accordance with this subchapter and the provisions of law generally applicable to units of the
National Park System, including—
(1) sections 1, 2, 3, and 4 of this title; and
(2) sections 461 to 467 of this title.
(Pub. L. 107–373, § 7, Dec. 19, 2002, 116 Stat. 3106.)
§ 410iii–6. Management of Park
(a) Management plan
The Secretary, in consultation with the Commission, shall prepare a management plan for
the Park. In particular, the management plan
shall contain provisions to address the needs of
owners of non-Federal land, including independent nonprofit organizations within the boundaries of the Park.
(b) Submission of plan to Congress
Not later than 3 years after December 19, 2002,
the Secretary shall submit the management
plan for the Park to the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of
the Senate.
(Pub. L. 107–373, § 8, Dec. 19, 2002, 116 Stat. 3106.)
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 410iii–7. Cedar Creek and Belle Grove National
Historical Park Advisory Commission
(a) Establishment
There is established the Cedar Creek and Belle
Grove National Historical Park Advisory Commission.
(b) Duties
The Commission shall—

§ 410iii–7

(1) advise the Secretary in the preparation
and implementation of a general management
plan described in section 410iii–6 of this title;
and
(2) advise the Secretary with respect to the
identification of sites of significance outside
the Park boundary deemed necessary to fulfill
the purposes of this subchapter.
(c) Membership
(1) Composition
The Commission shall be composed of 15
members appointed by the Secretary so as to
include the following:
(A) 1 representative from the Commonwealth of Virginia.
(B) 1 representative each from the local
governments of Strasburg, Middletown,
Frederick County, Shenandoah County, and
Warren County.
(C) 2 representatives of private landowners
within the Park.
(D) 1 representative from a citizen interest
group.
(E) 1 representative from the Cedar Creek
Battlefield Foundation.
(F) 1 representative from Belle Grove, Incorporated.
(G) 1 representative from the National
Trust for Historic Preservation.
(H) 1 representative from the Shenandoah
Valley Battlefields Foundation.
(I) 1 ex-officio representative from the National Park Service.
(J) 1 ex-officio representative from the
United States Forest Service.
(2) Chairperson
The Chairperson of the Commission shall be
elected by the members to serve a term of one
year renewable for one additional year.
(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 for not
more than 2 successive terms.
(B) Initial members
Of the members first appointed under
paragraph (1), the Secretary shall appoint—
(i) 4 members for a term of 1 year;
(ii) 5 members for a term of 2 years; and
(iii) 6 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) Majority rule
The Commission shall act and advise by affirmative vote of a majority of its members.
(7) Meetings
The Commission shall meet at least quarterly at the call of the chairperson or a majority of the members of the Commission.

§ 410iii–8

TITLE 16—CONSERVATION

(8) Quorum
8 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 Commonwealth of Virginia,
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 service 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 section 5703 of title 5.
(f) Hearings; public involvement
The Commission may, for purposes of carrying
out this subchapter, hold such hearings, sit and
act at such times and places, take such public
testimony, and receive such evidence, as the
Commission considers appropriate. The Commission may not issue subpoenas or exercise any
subpoena authority.
(Pub. L. 107–373, § 9, Dec. 19, 2002, 116 Stat. 3107.)
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 Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out
in the Appendix to Title 5, Government Organization
and Employees.

§ 410iii–8. Conservation of Cedar Creek and Belle
Grove National Historical Park
(a) Encouragement of conservation
The Secretary and the Commission shall encourage conservation of the historic and natural
resources within and in proximity of the Park
by landowners, local governments, organizations, and businesses.
(b) Provision of technical assistance
The Secretary may provide technical assistance to local governments, in cooperative efforts which complement the values of the Park.
(c) Cooperation by Federal agencies
Any Federal entity conducting or supporting
activities directly affecting the Park shall consult, cooperate, and, to the maximum extent
practicable, coordinate its activities with the
Secretary in a manner that—
(1) is consistent with the purposes of this
subchapter and the standards and criteria established pursuant to the general management
plan developed pursuant to section 410iii–6 of
this title;
(2) is not likely to have an adverse effect on
the resources of the Park; and
(3) is likely to provide for full public participation in order to consider the views of all interested parties.

Page 402

(Pub. L. 107–373, § 10, Dec. 19, 2002, 116 Stat. 3108.)
§ 410iii–9. 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 National
Park Foundation, or its successors and assigns.
(b) Conditions
Funds from the endowment referred to in subsection (a) of this section shall be expended exclusively as the Secretary, in consultation with
the Commission, may designate for the interpretation, preservation, and maintenance of the
Park resources and public access areas. No expenditure shall be made pursuant to this section
unless the Secretary determines that such expenditure is consistent with the purposes of this
subchapter.
(Pub. L. 107–373, § 11, Dec. 19, 2002, 116 Stat. 3108.)
§ 410iii–10. Cooperative agreements
(a) In general
In order to further the purposes of this subchapter, the Secretary is authorized to enter
into cooperative agreements with interested
public and private entities and individuals (including the National Trust for Historic Preservation, Belle Grove, Inc., the Cedar Creek Battlefield Foundation, the Shenandoah Valley Battlefields Foundation, and the Counties of Frederick, Shenandoah, and Warren), through technical and financial assistance, including encouraging the conservation of historic and natural
resources of the Park.
(b) Technical and financial assistance
The Secretary may provide to any person, organization, or governmental entity technical
and financial assistance for the purposes of this
subchapter, including the following:
(1) Preserving historic structures within the
Park.
(2) Maintaining the natural or cultural landscape of the Park.
(3) Local preservation planning, interpretation, and management of public visitation for
the Park.
(4) Furthering the goals of the Shenandoah
Valley Battlefields Foundation related to the
Park.
(Pub. L. 107–373, § 12, Dec. 19, 2002, 116 Stat. 3109.)
§ 410iii–11. Roles of key partner organizations
(a) In general
In recognition that central portions of the
Park are presently owned and operated for the
benefit of the public by key partner organizations, the Secretary shall acknowledge and support the continued participation of these partner organizations in the management of the
Park.
(b) Park partners
Roles of the current key partners include the
following:
(1) Cedar Creek Battlefield Foundation
The Cedar Creek Battlefield Foundation
may—

Page 403

TITLE 16—CONSERVATION

(A) continue to own, operate, and manage
the lands acquired by the Foundation within
the Park;
(B) continue to conduct reenactments and
other events within the Park; and
(C) transfer ownership interest in portions
of their land to the National Park Service
by donation, sale, or other means that meet
the legal requirements of National Park
Service land acquisitions.
(2) National Trust for Historic Preservation
and Belle Grove Incorporated
The National Trust for Historic Preservation
and Belle Grove Incorporated may continue to
own, operate, and manage Belle Grove Plantation and its structures and grounds within the
Park boundary. Belle Grove Incorporated may
continue to own the house and grounds known
as Bowman’s Fort or Harmony Hall for the
purpose of permanent preservation, with a
long-term goal of opening the property to the
public.
(3) Shenandoah County
Shenandoah County may continue to own,
operate, and manage the Keister park site
within the Park for the benefit of the public.
(4) Park community partners
The Secretary shall cooperate with the
Park’s adjacent historic towns of Strasburg
and Middletown, Virginia, as well as Frederick, Shenandoah, and Warren counties in
furthering the purposes of the Park.
(5) Shenandoah Valley Battlefields Foundation
The Shenandoah Valley Battlefields Foundation may continue to administer and manage
the Shenandoah Valley Battlefields National
Historic District in partnership with the National Park Service and in accordance with
the Management Plan for the District in
which the Park is located.
(Pub. L. 107–373, § 13, Dec. 19, 2002, 116 Stat. 3109.)
§ 410iii–12. Authorization of appropriations
There is authorized to be appropriated such
sums as are necessary to carry out this subchapter.
(Pub. L. 107–373, § 14, Dec. 19, 2002, 116 Stat. 3110.)
SUBCHAPTER LIX–HH—CONGAREE
NATIONAL PARK
§ 410jjj. Establishment
(a) In general
In order to preserve and protect for the education, inspiration, and enjoyment of present
and future generations an outstanding example
of a near-virgin southern hardwood forest situated in the Congaree River floodplain in Richland County, South Carolina, there is established the Congaree National Park (hereinafter
referred to as the ‘‘park’’). The park shall consist of the area within the boundary as generally
depicted on the map entitled ‘‘Congaree Swamp
National Monument’’, numbered CS–80, 001–B,
and dated August 1976 (generally known as the
Beidler Tract), which shall be on file and available for public inspection in the offices of the

§ 410jjj

National Park Service, Department of the Interior. 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, the Secretary of the Interior (hereinafter referred to as the ‘‘Secretary’’)
may make minor revisions of the boundary of
the park by publication of a revised map or
other boundary description in the Federal Register.
(b) Additional land
In addition to the lands described in subsection (a), the park shall consist of the additional lands within the boundary as generally
depicted on the map entitled ‘‘Citizens Boundary Proposal for Congaree Swamp National
Monument’’, numbered 178–80,009A, dated July
1988, which shall be on file and available for public inspection in the offices of the National Park
Service, Department of the Interior. The map
may be revised as provided in subsection (a).
(c) Acquisition of additional land
(1) In general
The Secretary may acquire by donation, by
purchase from a willing seller with donated or
appropriated funds, by transfer, or by exchange, land or an interest in land described
in paragraph (2) for inclusion in the park.
(2) Description of land
The land referred to in paragraph (1) is the
approximately 4,576 acres of land adjacent to
the Park, as depicted on the map entitled
‘‘Congaree National Park Boundary Map’’,
numbered 178/80015, and dated August 2003.
(3) Availability of map
The map referred to in paragraph (2) shall be
on file and available for public inspection in
the appropriate offices of the National Park
Service.
(4) Boundary revision
On acquisition of the land or an interest in
land under paragraph (1), the Secretary shall
revise the boundary of the park to reflect the
acquisition.
(5) Administration
Any land acquired by the Secretary under
paragraph (1) shall be administered by the
Secretary as part of the park.
(6) Effect
Nothing in this section—
(A) affects the use of private land adjacent
to the park;
(B) preempts the authority of the State
with respect to the regulation of hunting,
fishing, boating, and wildlife management
on private land or water outside the boundaries of the park;
(C) shall negatively affect the economic
development of the areas surrounding the
park; or
(D) affects the classification of the park
under section 7472 of title 42.
(d) Acreage limitation
The total acreage of the park shall not exceed
26,776 acres.

§ 410jjj–1

TITLE 16—CONSERVATION

(Pub. L. 94–545, § 1, Oct. 18, 1976, 90 Stat. 2517;
Pub. L. 100–524, § 5, Oct. 24, 1988, 102 Stat. 2607;
Pub. L. 108–108, title I, §§ 135, 148, Nov. 10, 2003,
117 Stat. 1270, 1281; Pub. L. 108–199, div. H,
§ 139(a), Jan. 23, 2004, 118 Stat. 442.)
REFERENCES IN TEXT
Hereinafter, referred to in subsec. (a), means Pub. L.
94–545, which is classified to this subchapter. For complete classification of Pub. L. 94–545 to the Code, see
Tables.
AMENDMENTS
2004—Subsec. (c)(6). Pub. L. 108–199, § 139(a), added par.
(6) and struck out former par. (6) which read: ‘‘Nothing
in this section—
‘‘(A) affects the use of private land adjacent to the
park;
‘‘(B) preempts the authority of the State with respect to the regulation of hunting, fishing, boating,
and wildlife management on private land or water
outside the boundaries of the park; or
‘‘(C) negatively affects the economic development
of the areas surrounding the park.’’
2003—Subsec. (b). Pub. L. 108–108, § 148(1), struck out
last sentence which read ‘‘The total acreage of the
monument including lands described in subsection (a)
and this subsection shall not exceed 22,200 acres.’’
Subsecs. (c), (d). Pub. L. 108–108, § 148(2), added subsecs. (c) and (d).
1988—Pub. L. 100–524 designated existing provisions as
subsec. (a), struck out ‘‘, but the total area may not exceed fifteen thousand, two hundred acres’’ after ‘‘Federal Register’’, and added subsec. (b).
CHANGE OF NAME
‘‘Congaree National Park’’, ‘‘park’’, and ‘‘Park’’ substituted in text for ‘‘Congaree Swamp National Monument’’, ‘‘monument’’, and ‘‘Monument’’, respectively,
pursuant to Pub. L. 108–108, § 135, which is set out below
and which redesignated the Congaree Swamp National
Monument as the Congaree National Park.
Pub. L. 108–108, title I, § 135, Nov. 10, 2003, 117 Stat.
1270, provided that: ‘‘Upon enactment of this Act, the
Congaree Swamp National Monument shall be designated the Congaree National Park.’’
Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy
and Natural Resources of the Senate, effective Feb. 11,
1977. See Rule XXV of Standing Rules of the Senate, as
amended by Senate Resolution No. 4 (popularly cited as
the ‘‘Committee System Reorganization Amendments
of 1977’’), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of House of
Representatives changed to Committee on Natural Resources of House of Representatives on Jan. 5, 1993, by
House Resolution No. 5, One Hundred Third Congress.
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–524, § 1, Oct. 24, 1988, 102 Stat. 2606, provided that: ‘‘This Act [enacting section 191a of Title 30,
Mineral Lands and Mining, amending this section and
section 410jjj–4 of this title, and enacting provisions
listed in a table of Wilderness Areas set out under section 1132 of this title] may be cited as the ‘Congaree
Swamp National Monument Expansion and Wilderness
Act’.’’

§ 410jjj–1. Acquisition of lands
(a) Within the park the Secretary is authorized to acquire lands, waters, and interests
therein by donation, purchase with donated or
appropriated funds, or exchange. Any lands or
interests therein owned by the State of South
Carolina or any political subdivision thereof
may be acquired only by donation.
(b) With respect to any lands acquired under
the provisions of this subchapter which at the

Page 404

time of acquisition are leased for hunting purposes, such acquisition shall permit the continued exercise of such lease in accordance with
its provisions for its unexpired term, or for a period of five years, whichever is less: Provided,
That no provision of such lease may be exercised
which, in the opinion of the Secretary, is incompatible with the preservation objectives of this
subchapter, or which is inconsistent with applicable Federal and State game laws, whichever is
more restrictive.
(Pub. L. 94–545, § 2, Oct. 18, 1976, 90 Stat. 2517;
Pub. L. 108–108, title I, § 135, Nov. 10, 2003, 117
Stat. 1270.)
CHANGE OF NAME
In subsec. (a), ‘‘park’’ substituted for ‘‘monument’’
pursuant to Pub. L. 108–108, § 135, which is set out as a
note under section 410jjj of this title and which redesignated the Congaree Swamp National Monument as the
Congaree National Park.

§ 410jjj–2. Administration
(a) The Secretary shall administer property
acquired for the park in accordance with sections 1, 2, 3, and 4 of this title, as amended and
supplemented, and the provisions of this subchapter.
(b) The Secretary shall permit sport fishing on
lands and waters under his jurisdiction within
the park in accordance with applicable Federal
and State laws, except that he may designate
zones where and establish periods when no fishing shall be permitted for reasons of public safety, administration, fish or wildlife management,
or public use and enjoyment. Except in emergencies, any regulations promulgated under this
subsection shall be placed in effect only after
consultation with the appropriate fish and game
agency of the State of South Carolina.
(Pub. L. 94–545, § 3, Oct. 18, 1976, 90 Stat. 2517;
Pub. L. 108–108, title I, § 135, Nov. 10, 2003, 117
Stat. 1270.)
CHANGE OF NAME
In text, ‘‘park’’ substituted for ‘‘monument’’ pursuant to Pub. L. 108–108, § 135, which is set out as a note
under section 410jjj of this title and which redesignated
the Congaree Swamp National Monument as the Congaree National Park.

§ 410jjj–3. Report
Within three years from the effective date of
this subchapter, the Secretary shall review the
area within the park and shall report to the
President, in accordance with subsections 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 wilderness shall be accomplished in accordance with
said subsections.
(Pub. L. 94–545, § 4, Oct. 18, 1976, 90 Stat. 2518;
Pub. L. 108–108, title I, § 135, Nov. 10, 2003, 117
Stat. 1270.)
REFERENCES IN TEXT
The effective date of this subchapter, referred to in
text, probably means the date of enactment of Pub. L.
94–545, which was approved on Oct. 18, 1976.

Page 405

§ 410kkk–1

TITLE 16—CONSERVATION
CHANGE OF NAME

In text, ‘‘park’’ substituted for ‘‘monument’’ pursuant to Pub. L. 108–108, § 135, which is set out as a note
under section 410jjj of this title and which redesignated
the Congaree Swamp National Monument as the Congaree National Park.

§ 410jjj–4. Authorization of appropriations; general management plan
(a) In general
The Secretary may not expend more than
$35,500,000 from the Land and Water Conservation Fund for land acquisition nor more than
$500,000 for the development of essential facilities. The Secretary may expend such additional
sums as are necessary from the Land and Water
Conservation Fund for acquisition of lands described in section 410jjj(b) of this title.
(b) General management plan
Within three years from the effective date of
this subchapter the Secretary shall, after consulting with the Governor of the State of South
Carolina, develop and transmit to the Committees on Interior and Insular Affairs of the United
States Congress a general management plan for
the use and development of the park consistent
with the purposes of this subchapter, indicating:
(1) the lands and interests in lands adjacent
or related to the park 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 the estimated cost thereof;
(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.
(c) Authorization of appropriations
Notwithstanding subsection (a), there are authorized to be appropriated $3,000,000 for construction and development within the park.
(Pub. L. 94–545, § 5, Oct. 18, 1976, 90 Stat. 2518;
Pub. L. 100–524, § 6, Oct. 24, 1988, 102 Stat. 2607;
Pub. L. 108–108, title I, § 135, Nov. 10, 2003, 117
Stat. 1270.)
REFERENCES IN TEXT
The effective date of this subchapter, referred to in
subsec. (b), probably means the date of enactment of
Pub. L. 94–545, which was approved on Oct. 18, 1976.
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–524, § 6(a), inserted sentence at end relating to expenditure of additional sums
for acquisition of lands.
Subsec. (c). Pub. L. 100–524, § 6(b), added subsec. (c).
CHANGE OF NAME
In subsecs. (b) and (c), ‘‘park’’ substituted for ‘‘monument’’ pursuant to Pub. L. 108–108, § 135, which is set
out as a note under section 410jjj of this title and which
redesignated the Congaree Swamp National Monument
as the Congaree National Park.
Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy
and Natural Resources of the Senate, effective Feb. 11,

1977. See Rule XXV of Standing Rules of the Senate, as
amended by Senate Resolution No. 4 (popularly cited as
the ‘‘Committee System Reorganization Amendments
of 1977’’), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of House of
Representatives changed to Committee on Natural Resources of House of Representatives on Jan. 5, 1993, by
House Resolution No. 5, One Hundred Third Congress.

SUBCHAPTER LIX–II—LEWIS AND CLARK
NATIONAL HISTORICAL PARK
§ 410kkk. Definitions
As used in this subchapter:
(1) Park
The term ‘‘park’’ means the Lewis and Clark
National Historical Park designated in section
410kkk–1 of this title.
(2) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(Pub. L. 108–387, title I, § 102, Oct. 30, 2004, 118
Stat. 2234.)
REFERENCES IN TEXT
This subchapter, referred to in introductory provisions, was in the original ‘‘this title’’, meaning title I
of Pub. L. 108–387, Oct. 30, 2004, 118 Stat. 2234, which is
classified principally to this subchapter. For complete
classification of title I to the Code, see Short Title note
below and Tables.
SHORT TITLE
Pub. L. 108–387, title I, § 101, Oct. 30, 2004, 118 Stat.
2234, provided that: ‘‘This title [enacting this subchapter and repealing sections 450mm to 450mm–3 of
this title] may be cited as the ‘Lewis and Clark National Historical Park Designation Act’.’’

§ 410kkk–1. Lewis and Clark National Historical
Park
(a) Designation
In order to preserve for the benefit of the people of the United States the historic, cultural,
scenic, and natural resources associated with
the arrival of the Lewis and Clark Expedition in
the lower Columbia River area, and for the purpose of commemorating the culmination and the
winter encampment of the Lewis and Clark Expedition in the winter of 1805–1806 following its
successful crossing of the North American Continent, there is designated as a unit of the National Park System the Lewis and Clark National Historical Park.
(b) Boundaries
The boundaries of the park are those generally
depicted on the map entitled ‘‘Lewis and Clark
National Historical Park, Boundary Map’’, numbered 405/80027, and dated December 2003, and
which includes—
(1) lands located in Clatsop County, Oregon,
which are associated with the winter encampment of the Lewis and Clark Expedition,
known as Fort Clatsop and designated as the
Fort Clatsop National Memorial by Public
Law 85–435, including the site of the salt cairn
(specifically, lot number 18, block 1, Cartwright Park Addition of Seaside, Oregon) used
by that expedition and adjacent portions of
the old trail which led overland from the fort
to the coast;

§ 410kkk–2

TITLE 16—CONSERVATION

(2) lands identified as ‘‘Fort Clatsop 2002 Addition Lands’’ on the map referred to in this
subsection; and
(3) lands located along the lower Columbia
River in the State of Washington associated
with the arrival of the Lewis and Clark Expedition at the Pacific Ocean in 1805, which are
identified as ‘‘Station Camp’’, ‘‘Clark’s Dismal
Nitch’’, and ‘‘Cape Disappointment’’ on the
map referred to in this subsection.
(c) Acquisition of land
(1) Authorization
The Secretary is authorized to acquire land,
interests in land, and improvements therein
within the boundaries of the park, as identified on the map referred to in subsection (b),
by donation, purchase with donated or appropriated funds, exchange, transfer from any
Federal agency, or by such other means as the
Secretary deems to be in the public interest.
(2) Consent of landowner required
The lands authorized to be acquired under
paragraph (1) (other than corporately owned
timberlands within the area identified as
‘‘Fort Clatsop 2002 Addition Lands’’ on the
map referred to in subsection (b)) may be acquired only with the consent of the owner.
(3) Acquisition of Fort Clatsop 2002 Addition
Lands
If the owner of corporately owned timberlands within the area identified as ‘‘Fort
Clatsop 2002 Addition Lands’’ on the map referred to in subsection (b) agrees to enter into
a sale of such lands as a result of actual condemnation proceedings or in lieu of condemnation proceedings, the Secretary shall enter
into a memorandum of understanding with the
owner regarding the manner in which such
lands shall be managed after acquisition by
the United States.
(d) Cape Disappointment
(1) Transfer
Subject to valid rights (including withdrawals), the Secretary shall transfer to the Director of the National Park Service management
of any Federal land at Cape Disappointment,
Washington, that is within the boundary of
the park.
(2) Withdrawn land
(A) Notice
The head of any Federal agency that has
administrative jurisdiction over withdrawn
land at Cape Disappointment, Washington,
within the boundary of the park shall notify
the Secretary in writing if the head of the
Federal agency does not need the withdrawn
land.
(B) Transfer
On receipt of a notice under subparagraph
(A), the withdrawn land shall be transferred
to the administrative jurisdiction of the
Secretary, to be administered as part of the
park.
(3) Memorial to Thomas Jefferson
All withdrawals of the 20-acre parcel depicted as a ‘‘Memorial to Thomas Jefferson’’

Page 406

on the map referred to in subsection (b) are revoked, and the Secretary shall establish a memorial to Thomas Jefferson on the parcel.
(4) Management of Cape Disappointment State
Park land
The Secretary may enter into an agreement
with the State of Washington providing for the
administration by the State of the land within
the boundary of the park known as ‘‘Cape Disappointment State Park’’.
(e) Map availability
The map referred to in subsection (b) shall be
on file and available for public inspection in the
appropriate offices of the National Park Service.
(Pub. L. 108–387, title I, § 103, Oct. 30, 2004, 118
Stat. 2234.)
REFERENCES IN TEXT
Public Law 85–435, referred to in subsec. (b)(1), is Pub.
L. 85–435, May 29, 1958, 72 Stat. 153, which enacted sections 450mm to 450mm–3 of this title and was repealed
by Pub. L. 108–387, title I, § 105(a), Oct. 30, 2004, 118 Stat.
2236. For complete classification of this Act to the
Code, see Tables.
FORT CLATSOP NATIONAL MEMORIAL
Pub. L. 107–221, § 2, Aug. 21, 2002, 116 Stat. 1333, provided that: ‘‘The Congress finds the following:
‘‘(1) Fort Clatsop National Memorial is the only
unit of the National Park System solely dedicated to
the Lewis and Clark Expedition.
‘‘(2) In 1805, the members of the Lewis and Clark
Expedition built Fort Clatsop at the mouth of the Columbia River near Astoria, Oregon, and they spent 106
days at the fort waiting for the end of winter and preparing for their journey home.
‘‘(3) In 1958, Congress enacted Public Law 85–435
[former sections 450mm to 450mm–3 of this title] authorizing the establishment of Fort Clatsop National
Memorial 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.
‘‘(4) The 1995 General Management Plan for Fort
Clatsop National Memorial, prepared with input from
the local community, recommends the expansion of
the memorial to include the trail used by expedition
members to access the Pacific Ocean from the fort
and the shore and forest lands surrounding the fort
and trail to protect their natural settings.
‘‘(5) Expansion of Fort Clatsop National Memorial
requires Federal legislation because the size of the
memorial is currently limited by statute to 130 acres.
‘‘(6) Congressional action to allow for the expansion
of Fort Clatsop National Memorial to include the
trail to the Pacific Ocean would be timely and appropriate before the start of the bicentennial celebration
of the Lewis and Clark Expedition planned to take
place during the years 2004 through 2006.’’
[References to Fort Clapsop National Memorial considered to be references to Lewis and Clark National
Historical Park, see section 410kkk–3 of this title.]

§ 410kkk–2. Administration
(a) In general
The park shall be administered by the Secretary in accordance with this subchapter and
with laws generally applicable to units of the
National Park System, including sections 1, 2, 3,
and 4 of this title and sections 461 to 467 of this
title.
(b) Management plan
Not later than 3 years after funds are made
available for this purpose, the Secretary shall

Page 407

§ 410lll

TITLE 16—CONSERVATION

prepare an amendment to the General Management Plan for Fort Clatsop National Memorial
to guide the management of the park.
(c) Cooperative management
In order to facilitate the presentation of a
comprehensive picture of the Lewis and Clark
Expedition’s experiences in the lower Columbia
River area and to promote more efficient administration of the sites associated with those experiences, the Secretary may enter into cooperative management agreements with appropriate
officials in the States of Washington and Oregon
in accordance with the authority provided under
section 1a–2(l) of this title.
(Pub. L. 108–387, title I, § 104, Oct. 30, 2004, 118
Stat. 2236.)
REFERENCES IN TEXT
This subchapter, referred to in subsec. (a), was in the
original ‘‘this title’’, meaning title I of Pub. L. 108–387,
Oct. 30, 2004, 118 Stat. 2234, which is classified principally to this subchapter. For complete classification
of title I to the Code, see Short Title note set out under
section 410kkk of this title and Tables.

§ 410kkk–3. References
Any reference in any law (other than this subchapter), regulation, document, record, map or
other paper of the United States to ‘‘Fort
Clatsop National Memorial’’ shall be considered
a reference to the ‘‘Lewis and Clark National
Historical Park’’.
(Pub. L. 108–387, title I, § 105(b), Oct. 30, 2004, 118
Stat. 2236.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 108–387, Oct.
30, 2004, 118 Stat. 2234, which is classified principally to
this subchapter. For complete classification of title I
to the Code, see Short Title note set out under section
410kkk of this title and Tables.

§ 410kkk–4. Private property protection
(a) Access to private property
Nothing in this subchapter shall be construed
to—
(1) require any private property owner to
permit public access (including Federal, State,
or local government access) to such private
property; or
(2) modify any provision of Federal, State,
or local law with regard to public access to or
use of private lands.
(b) Liability
Designation of the park shall not be considered to create any liability, or to have any effect on any liability under any other law, of any
private property owner with respect to any persons injured on such private property.
(c) Recognition of authority to control land use
Nothing in this subchapter shall be construed
to modify any authority of Federal, State, or
local governments to regulate the use of private
land within the boundary of the park.
(Pub. L. 108–387, title I, § 106, Oct. 30, 2004, 118
Stat. 2236.)
REFERENCES IN TEXT
This subchapter, referred to in subsecs. (a) and (c),
was in the original ‘‘this title’’, meaning title I of Pub.

L. 108–387, Oct. 30, 2004, 118 Stat. 2234, which is classified
principally to this subchapter. For complete classification of title I to the Code, see Short Title note set out
under section 410kkk of this title and Tables.

§ 410kkk–5. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out this subchapter.
(Pub. L. 108–387, title I, § 107, Oct. 30, 2004, 118
Stat. 2236.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 108–387, Oct.
30, 2004, 118 Stat. 2234, which is classified principally to
this subchapter. For complete classification of title I
to the Code, see Short Title note set out under section
410kkk of this title and Tables.

SUBCHAPTER LIX–JJ—PATERSON GREAT
FALLS NATIONAL HISTORICAL PARK
§ 410lll. Paterson Great Falls National Historical
Park, New Jersey
(a) Definitions
In this section:
(1) City
The term ‘‘City’’ means the City of
Paterson, New Jersey.
(2) Commission
The term ‘‘Commission’’ means the Paterson
Great Falls National Historical Park Advisory
Commission established by subsection (e)(1).
(3) Historic District
The term ‘‘Historic District’’ means the
Great Falls Historic District in the State.
(4) Management plan
The term ‘‘management plan’’ means the
management plan for the Park developed
under subsection (d).
(5) Map
The term ‘‘Map’’ means the map entitled
‘‘Paterson Great Falls National Historical
Park–Proposed Boundary’’, numbered T03/
80,001, and dated May 2008.
(6) Park
The term ‘‘Park’’ means the Paterson Great
Falls National Historical Park established by
subsection (b)(1)(A).
(7) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(8) State
The term ‘‘State’’ means the State of New
Jersey.
(b) Paterson Great Falls National Historical Park
(1) Establishment
(A) In general
Subject to subparagraph (B), there is established in the State a unit of the National
Park System to be known as the ‘‘Paterson
Great Falls National Historical Park’’.
(B) Conditions for establishment
The Park shall not be established until the
date on which the Secretary determines
that—

§ 410lll

TITLE 16—CONSERVATION

(i)(I) the Secretary has acquired sufficient land or an interest in land within the
boundary of the Park to constitute a manageable unit; or
(II) the State or City, as appropriate, has
entered into a written agreement with the
Secretary to donate—
(aa) the Great Falls State Park, including facilities for Park administration and visitor services; or
(bb) any portion of the Great Falls
State Park agreed to between the Secretary and the State or City; and
(ii) the Secretary has entered into a
written agreement with the State, City, or
other public entity, as appropriate, providing that—
(I) land owned by the State, City, or
other public entity within the Historic
District will be managed consistent with
this section; and
(II) future uses of land within the Historic District will be compatible with
the designation of the Park.
(2) Purpose
The purpose of the Park is to preserve and
interpret for the benefit of present and future
generations certain historical, cultural, and
natural resources associated with the Historic
District.
(3) Boundaries
The Park shall include the following sites,
as generally depicted on the Map:
(A) The upper, middle, and lower raceways.
(B) Mary Ellen Kramer (Great Falls) Park
and adjacent land owned by the City.
(C) A portion of Upper Raceway Park, including the Ivanhoe Wheelhouse and the Society for Establishing Useful Manufactures
Gatehouse.
(D) Overlook Park and adjacent land, including the Society for Establishing Useful
Manufactures Hydroelectric Plant and Administration Building.
(E) The Allied Textile Printing site, including the Colt Gun Mill ruins, Mallory
Mill ruins, Waverly Mill ruins, and Todd
Mill ruins.
(F) The Rogers Locomotive Company
Erecting Shop, including the Paterson Museum.
(G) The Great Falls Visitor Center.
(4) Availability of map
The Map shall be on file and available for
public inspection in the appropriate offices of
the National Park Service.
(5) Publication of notice
Not later than 60 days after the date on
which the conditions in clauses (i) and (ii) of
paragraph (1)(B) are satisfied, the Secretary
shall publish in the Federal Register notice of
the establishment of the Park, including an
official boundary map for the Park.
(c) Administration
(1) In general
The Secretary shall administer the Park in
accordance with—

Page 408

(A) this section; and
(B) the laws generally applicable to units
of the National Park System, including—
(i) sections 1, 2, 3, and 4 of this title; and
(ii) sections 461 to 467 of this title.
(2) State and local jurisdiction
Nothing in this section enlarges, diminishes,
or modifies any authority of the State, or any
political subdivision of the State (including
the City)—
(A) to exercise civil and criminal jurisdiction; or
(B) to carry out State laws (including regulations) and rules on non-Federal land located within the boundary of the Park.
(3) Cooperative agreements
(A) In general
As the Secretary determines to be appropriate to carry out this section, the Secretary may enter into cooperative agreements with the owner of the Great Falls Visitor Center or any nationally significant
properties within the boundary of the Park
under which the Secretary may identify, interpret, restore, and provide technical assistance for the preservation of the properties.
(B) Right of access
A cooperative agreement entered into
under subparagraph (A) shall provide that
the Secretary, acting through the Director
of the National Park Service, shall have the
right of access at all reasonable times to all
public portions of the property covered by
the agreement for the purposes of—
(i) conducting visitors through the properties; and
(ii) interpreting the properties for the
public.
(C) Changes or alterations
No changes or alterations shall be made to
any properties covered by a cooperative
agreement entered into under subparagraph
(A) unless the Secretary and the other party
to the agreement agree to the changes or alterations.
(D) Conversion, use, or disposal
Any payment made by the Secretary under
this paragraph shall be subject to an agreement that the conversion, use, or disposal of
a project for purposes contrary to the purposes of this section, as determined by the
Secretary, shall entitle the United States to
reimbursement in amount equal to the
greater of—
(i) the amounts made available to the
project by the United States; or
(ii) the portion of the increased value of
the project attributable to the amounts
made available under this paragraph, as
determined at the time of the conversion,
use, or, disposal.
(E) Matching funds
(i) In general
As a condition of the receipt of funds
under this paragraph, the Secretary shall

Page 409

TITLE 16—CONSERVATION

require that any Federal funds made available under a cooperative agreement shall
be matched on a 1-to-1 basis by non-Federal funds.
(ii) Form
With the approval of the Secretary, the
non-Federal share required under clause (i)
may be in the form of donated property,
goods, or services from a non-Federal
source.
(4) Acquisition of land
(A) In general
The Secretary may acquire land or interests in land within the boundary of the Park
by donation, purchase from a willing seller
with donated or appropriated funds, or exchange.
(B) Donation of State owned land
Land or interests in land owned by the
State or any political subdivision of the
State may only be acquired by donation.
(5) Technical assistance and public interpretation
The Secretary may provide technical assistance and public interpretation of related historic and cultural resources within the boundary of the Historic District.
(d) Management plan
(1) In general
Not later than 3 fiscal years after the date
on which funds are made available to carry
out this subsection, the Secretary, in consultation with the Commission, shall complete
a management plan for the Park in accordance
with—
(A) section 1a–7(b) of this title; and
(B) other applicable laws.
(2) Cost share
The management plan shall include provisions that identify costs to be shared by the
Federal Government, the State, and the City,
and other public or private entities or individuals for necessary capital improvements to,
and maintenance and operations of, the Park.
(3) Submission to Congress
On completion of the management plan, the
Secretary shall submit the management plan
to—
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources
of the House of Representatives.
(e) Paterson Great Falls National Historical Park
Advisory Commission
(1) Establishment
There is established a commission to be
known as the ‘‘Paterson Great Falls National
Historical Park Advisory Commission’’.
(2) Duties
The duties of the Commission shall be to advise the Secretary in the development and implementation of the management plan.
(3) Membership
(A) Composition
The Commission shall be composed of 9
members, to be appointed by the Secretary,
of whom—

§ 410lll

(i) 4 members shall be appointed after
consideration of recommendations submitted by the Governor of the State;
(ii) 2 members shall be appointed after
consideration of recommendations submitted by the City Council of Paterson, New
Jersey;
(iii) 1 member shall be appointed after
consideration of recommendations submitted by the Board of Chosen Freeholders of
Passaic County, New Jersey; and
(iv) 2 members shall have experience
with national parks and historic preservation.
(B) Initial appointments
The Secretary shall appoint the initial
members of the Commission not later than
the earlier of—
(i) the date that is 30 days after the date
on which the Secretary has received all of
the recommendations for appointments
under subparagraph (A); or
(ii) the date that is 30 days after the
Park is established in accordance with
subsection (b).
(4) Term; vacancies
(A) Term
(i) In general
A member shall be appointed for a term
of 3 years.
(ii) Reappointment
A member may be reappointed for not
more than 1 additional term.
(B) Vacancies
A vacancy on the Commission shall be
filled in the same manner as the original appointment was made.
(5) Meetings
The Commission shall meet at the call of—
(A) the Chairperson; or
(B) a majority of the members of the Commission.
(6) Quorum
A majority of the Commission shall constitute a quorum.
(7) Chairperson and Vice Chairperson
(A) In general
The Commission shall select a Chairperson
and Vice Chairperson from among the members of the Commission.
(B) Vice Chairperson
The Vice Chairperson shall serve as Chairperson in the absence of the Chairperson.
(C) Term
A member may serve as Chairperson or
Vice Chairman for not more than 1 year in
each office.
(8) Commission personnel matters
(A) Compensation of members
(i) In general
Members of the Commission shall serve
without compensation.
(ii) Travel expenses
Members of the Commission shall be allowed travel expenses, including per diem

§ 410mmm

TITLE 16—CONSERVATION

in lieu of subsistence, at rates authorized
for an employee of an agency under subchapter I of chapter 57 of title 5, while
away from the home or regular place of
business of the member in the performance
of the duties of the Commission.
(B) Staff
(i) In general
The Secretary shall provide the Commission with any staff members and technical
assistance that the Secretary, after consultation with the Commission, determines to be appropriate to enable the
Commission to carry out the duties of the
Commission.
(ii) Detail of employees
The Secretary may accept the services of
personnel detailed from—
(I) the State;
(II) any political subdivision of the
State; or
(III) any entity represented on the
Commission.
(9) FACA nonapplicability
Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Commission.
(10) Termination
The Commission shall terminate 10 years
after March 30, 2009.
(f) Study of Hinchliffe Stadium
(1) In general
Not later than 3 fiscal years after the date
on which funds are made available to carry
out this section, the Secretary shall complete
a study regarding the preservation and interpretation of Hinchliffe Stadium, which is listed on the National Register of Historic Places.
(2) Inclusions
The study shall include an assessment of—
(A) the potential for listing the stadium as
a National Historic Landmark; and
(B) options for maintaining the historic integrity of Hinchliffe Stadium.
(g) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section.
(Pub. L. 111–11, title VII, § 7001, Mar. 30, 2009, 123
Stat. 1183.)
REFERENCES IN TEXT
Section 14(b) of the Federal Advisory Committee Act,
referred to in subsec. (e)(9), is section 14(b) of Pub. L.
92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.

SUBCHAPTER LIX–KK—THOMAS EDISON
NATIONAL HISTORICAL PARK
§ 410mmm. Thomas Edison National Historical
Park, New Jersey
(a) Purposes
The purposes of this section are—
(1) to recognize and pay tribute to Thomas
Alva Edison and his innovations; and

Page 410

(2) to preserve, protect, restore, and enhance
the Edison National Historic Site to ensure
public use and enjoyment of the Site as an
educational, scientific, and cultural center.
(b) Establishment
(1) In general
There is established the Thomas Edison National Historical Park as a unit of the National Park System (referred to in this section
as the ‘‘Historical Park’’).
(2) Boundaries
The Historical Park shall be comprised of all
property owned by the United States in the
Edison National Historic Site as well as all
property authorized to be acquired by the Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) for inclusion in the
Edison National Historic Site before March 30,
2009, as generally depicted on the map entitled
the ‘‘Thomas Edison National Historical
Park’’, numbered 403/80,000, and dated April
2008.
(3) Map
The map of the Historical Park 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 the Historical Park in accordance with this section and
with the provisions of law generally applicable
to units of the National Park System, including sections 1, 2, 3, and 4 of this title and sections 461 to 467 of this title.
(2) Acquisition of property
(A) Real property
The Secretary may acquire land or interests in land within the boundaries of the Historical Park, from willing sellers only, by
donation, purchase with donated or appropriated funds, or exchange.
(B) Personal property
The Secretary may acquire personal property associated with, and appropriate for, interpretation of the Historical Park.
(3) Cooperative agreements
The Secretary may consult and enter into
cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use
of the Historical Park.
(4) Omitted
(5) References
Any reference in a law, map, regulation, document, paper, or other record of the United
States to the ‘‘Edison National Historic Site’’
shall be deemed to be a reference to the
‘‘Thomas Edison National Historical Park’’.
(d) Authorization of appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out this section.

Page 411

§ 410nnn–1

TITLE 16—CONSERVATION

(Pub. L. 111–11, title VII, § 7110, Mar. 30, 2009, 123
Stat. 1198.)
CODIFICATION
Section is comprised of section 7110 of Pub. L. 111–11.
Subsec. (c)(4) of section 7110 of Pub. L. 111–11 repealed
Pub. L. 87–628, which enacted provisions listed in a
table of National Historic Sites set out under section
461 of this title.

SUBCHAPTER LIX–LL—PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK
§ 410nnn. Findings
The Congress finds that:
(1) The study conducted by the National
Park Service under section 506(b) of Public
Law 95–625 has resulted in a precise identification of the location of the Battle of Palo Alto
and the area requiring protection.
(2) Palo Alto is the only unit of the National
Park System directed to the preservation and
interpretation of resources related to the
Mexican-American War.
(Pub. L. 102–304, § 2, June 23, 1992, 106 Stat. 256.)
REFERENCES IN TEXT
Section 506(b) of Pub. L. 95–625, referred to in par. (1),
is set out as a note under section 410nnn–1 of this title.
CODIFICATION
This subchapter is comprised of Pub. L. 102–304. Pub.
L. 102–304 was formerly listed in a table of National
Historic Sites set out under section 461 of this title.
SHORT TITLE
Pub. L. 102–304, § 1, June 23, 1992, 106 Stat. 256, as
amended by Pub. L. 111–11, title VII, § 7113(a)(3)(A), Mar.
30, 2009, 123 Stat. 1201, provided that: ‘‘This Act [enacting this subchapter] may be cited as the ‘Palo Alto Battlefield National Historical Park Act of 1991’.’’
DESIGNATION OF PALO ALTO BATTLEFIELD NATIONAL
HISTORICAL PARK
Pub. L. 111–11, title VII, § 7113(a)(1), (2), Mar. 30, 2009,
123 Stat. 1201, provided that:
‘‘(1) IN GENERAL.—The Palo Alto Battlefield National Historic Site shall be known and designated as
the ‘Palo Alto Battlefield National Historical Park’.
‘‘(2) REFERENCES.—Any reference in a law, map,
regulation, document, paper, or other record of the
United States to the historic site referred to in subsection (a) shall be deemed to be a reference to the
Palo Alto Battlefield National Historical Park.’’

§ 410nnn–1. Palo Alto Battlefield National Historical Park
(a) Establishment
In order to preserve for the education, benefit,
and inspiration of present and future generations the nationally significant site of the first
battle of the Mexican-American War, and to provide for its interpretation in such manner as to
portray the battle and the Mexican-American
War and its related political, diplomatic, military and social causes and consequences, there
is hereby established the Palo Alto Battlefield
National Historical Park in the State of Texas
(hereafter in this subchapter referred to as the
‘‘historical park’’).
(b) Boundary
(1) In general
The historical park shall consist of approximately 3,400 acres as generally depicted on the

map entitled ‘‘Palo Alto Battlefield National
Historical Park’’, numbered 469–80,002, and
dated March 1991. 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.
(2) Additional land
(A) In general
In addition to the land described in paragraph (1), the historical park shall consist of
approximately 34 acres of land, as generally
depicted on the map entitled ‘‘Palo Alto
Battlefield NHS Proposed Boundary Expansion’’, numbered 469/80,012, and dated May 21,
2008.
(B) Availability of map
The map described in subparagraph (A)
shall be on file and available for public inspection in the appropriate offices of the National Park Service.
(3) Legal description
Not later than 6 months after June 23, 1992,
the Secretary of the Interior (hereafter in this
subchapter referred to as the ‘‘Secretary’’)
shall file a legal description of the historical
park 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 typographic errors in
such legal description and in the maps referred
to in paragraphs (1) and (2). The legal description shall be on file and available for public inspection in the offices of the National Park
Service, Department of the Interior. The Secretary may, from time to time, make minor
revisions in the boundary of the historical
park.
(Pub. L. 102–304, § 3, June 23, 1992, 106 Stat. 256;
Pub. L. 111–11, title VII, § 7113(a)(3), (b), Mar. 30,
2009, 123 Stat. 1201, 1202.)
AMENDMENTS
2009—Pub. L. 111–11, § 7113(a)(3)(B), substituted ‘‘National Historical Park’’ for ‘‘National Historic Site’’ in
section catchline.
Subsec. (a). Pub. L. 111–11, § 7113(a)(3)(A), (C), substituted ‘‘National Historical Park’’ for ‘‘National Historic Site’’ and ‘‘historical park’’ for ‘‘historic site’’.
Subsec. (b)(1). Pub. L. 111–11, § 7113(b)(1), inserted
heading.
Pub. L. 111–11, § 7113(a)(3)(A), (C), substituted ‘‘historical park’’ for ‘‘historic site’’ and ‘‘National Historical
Park’’ for ‘‘National Historic Site’’.
Subsec. (b)(2). Pub. L. 111–11, § 7113(b)(3), added par.
(2). Former par. (2) redesignated (3).
Pub. L. 111–11, § 7113(a)(3)(C), substituted ‘‘historical
park’’ for ‘‘historic site’’ in two places.
Subsec. (b)(3). Pub. L. 111–11, § 7113(b)(4), inserted
heading and substituted ‘‘Not later than’’ for ‘‘Within’’
and ‘‘maps referred to in paragraphs (1) and (2)’’ for
‘‘map referred to in paragraph (1)’’.
Pub. L. 111–11, § 7113(b)(2), redesignated par. (2) as (3).
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

§ 410nnn–2

TITLE 16—CONSERVATION

Jan. 5, 1993, by House Resolution No. 5, One Hundred
Third Congress.
ESTABLISHMENT OF PALO ALTO BATTLEFIELD NATIONAL
HISTORIC SITE
Pub. L. 95–625, title V, § 506, Nov. 10, 1978, 92 Stat. 3500,
provided that:
‘‘(a) In order to preserve and commemorate for the
benefit and enjoyment of present and future generations an area of unique historical significance as one of
only two important battles of the Mexican War fought
on American soil, the Secretary [of the Interior] is authorized to establish the Palo Alto Battlefield National
Historic Site [now Palo Alto Battlefield National Historical Park] in the State of Texas.
‘‘(b) For the purposes of this section, the Secretary is
authorized to acquire by donation, purchase, or exchange, not to exceed fifty acres of lands and interests
therein, comprising the initial unit, in the vicinity of
the site of the battle of Palo Alto, at the junction of
Farm Roads 1847 and 511, 6.3 miles north of Brownsville,
Texas. The Secretary shall complete a study and recommend to the Congress such additions as are required
to fully protect the historic integrity of the battlefield
by June 30, 1979. The Secretary shall establish the historic site by publication of a notice to that effect in the
Federal Register at such time as he determines that
sufficient property to constitute an administrable unit
has been acquired. Pending such establishment and
thereafter, the Secretary shall administer the property
acquired pursuant to this section in accordance with
this section and provisions of law generally applicable
to units of the National Park System, including the
Act of August 25, 1916 (39 Stat. 535) [16 U.S.C. 1 et seq.]
and the Act of August 21, 1935 (49 Stat. 666) [16 U.S.C.
461 et seq.].
‘‘(c) There are authorized to be appropriated such
sums as may be necessary for lands and interests in
lands and $200,000 for development to carry out the provisions of this section.’’

§ 410nnn–2. Administration
The Secretary, acting through the Director of
the National Park Service, shall manage the
historical park in accordance with this subchapter and the provisions of law generally applicable to the National Park System, including
sections 1, 2, 3, and 4 of this title and sections
461 to 467 of this title. The Secretary shall protect, manage, and administer the historical park
for the purposes of preserving and interpreting
the cultural and natural resources of the historical park and providing for the public understanding and appreciation of the historical park
in such a manner as to perpetuate these qualities and values for future generations.
(Pub. L. 102–304, § 4, June 23, 1992, 106 Stat. 257;
Pub. L. 111–11, title VII, § 7113(a)(3)(C), Mar. 30,
2009, 123 Stat. 1202.)
AMENDMENTS
2009—Pub. L. 111–11 substituted ‘‘historical park’’ for
‘‘historic site’’ wherever appearing.

§ 410nnn–3. Land acquisition
Within the historical park, the Secretary is
authorized to acquire lands and interest in lands
by donation, purchase with donated or appropriated funds, or exchange. Lands or interests in
lands owned by the State of Texas or political
subdivisions thereof may be acquired only by donation.
(Pub. L. 102–304, § 5, June 23, 1992, 106 Stat. 257;
Pub. L. 111–11, title VII, § 7113(a)(3)(C), Mar. 30,
2009, 123 Stat. 1202.)

Page 412
AMENDMENTS

2009—Pub. L. 111–11 substituted ‘‘historical park’’ for
‘‘historic site’’.

§ 410nnn–4. Cooperative agreements
In furtherance of the purposes of this subchapter, the Secretary is authorized to enter
into cooperative agreements with the United
States of Mexico, in accordance with existing
international agreements, and with other owners of Mexican-American War properties within
the United States of America for the purposes of
conducting joint research and interpretive planning for the historical park and related Mexican-American War sites. Interpretive information and programs shall reflect historical data
and perspectives of both countries and the series
of historical events associated with the Mexican-American War.
(Pub. L. 102–304, § 6, June 23, 1992, 106 Stat. 257;
Pub. L. 111–11, title VII, § 7113(a)(3)(C), Mar. 30,
2009, 123 Stat. 1202.)
AMENDMENTS
2009—Pub. L. 111–11 substituted ‘‘historical park’’ for
‘‘historic site’’.

§ 410nnn–5. Management plan
Within 3 years after June 23, 1992, 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 Senate, a general management plan for the
historical park. The plan shall be consistent
with section 1a–7 of this title and with the purposes of this subchapter and shall include (but
not be limited to) each of the following:
(1) A resource protection program including
land acquisition needs.
(2) A general visitor use and interpretive
program.
(3) A general development plan including
such roads, trails, markers, structures, and
other improvements and facilities as may be
necessary for the accommodation of visitor
use in accordance with the purposes of this
subchapter and the need to preserve the integrity of the historical park.
(4) A research plan.
(5) Identification of appropriate cooperative
agreements as identified in section 410nnn–4 of
this title.
(Pub. L. 102–304, § 7, June 23, 1992, 106 Stat. 257;
Pub. L. 111–11, title VII, § 7113(a)(3)(C), Mar. 30,
2009, 123 Stat. 1202.)
AMENDMENTS
2009—Pub. L. 111–11 substituted ‘‘historical park’’ for
‘‘historic site’’ in introductory provisions and in par.
(3).
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.

§ 410nnn–6. Authorization of appropriations
There is authorized to be appropriated
$6,000,000 for acquisition of lands and interests in

Page 413

§ 416

TITLE 16—CONSERVATION

lands for purposes of the Palo Alto Battlefield
National Historical Park.
(Pub. L. 102–304, § 8, June 23, 1992, 106 Stat. 258;
Pub. L. 111–11, title VII, § 7113(a)(3)(A), Mar. 30,
2009, 123 Stat. 1201.)

grounds, and he may detail instructors from the
Regular Army for such forces during their exercises.
(May 15, 1896, ch. 182, § 2, 29 Stat. 121; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

AMENDMENTS

CHANGE OF NAME

2009—Pub. L. 111–11 substituted ‘‘National Historical
Park’’ for ‘‘National Historic Site’’.

Department of War designated Department of the
Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.

SUBCHAPTER LX—NATIONAL MILITARY
PARKS
§ 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, 29 Stat. 120; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
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, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
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 section 901 of Title
5, Government Organization and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, § 2, June 10, 1933, by act Mar. 2, 1934,
ch. 38, § 1, 48 Stat. 389.
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

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, 29 Stat. 621, 622.)
§ 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, 29 Stat. 621, 622.)
§ 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, 29 Stat. 621,
622, authorized superintendent or any guardian of a national military park to arrest and prosecute anyone engaged or who may have been engaged in committing
any misdemeanor named in sections 413 and 414 of this
title.

§ 416. Refusal to surrender leased land; recovery
Any person to whom land lying within any national military parks may have been leased, who

§ 417

TITLE 16—CONSERVATION

refuses to give up possession of the same to the
United States after the termination of said
lease, and after possession has been demanded
for the United States by any park commissioner
or the park superintendent, or any person retaining possession of land lying within the
boundary of said park which he or she may have
sold to the United States for park purposes and
have received payment therefor, after possession
of the same has been demanded for the United
States by any park commissioner or the park
superintendent, shall be deemed guilty of trespass, and the United States may maintain an action for the recovery of the possession of the
premises so withheld in the courts of the United
States, according to the statutes or code of
practice of the State in which the park may be
situated.
(Mar. 3, 1897, ch. 372, §§ 4, 5, 29 Stat. 622.)
§ 417. Omitted
CODIFICATION
Section, act Aug. 18, 1894, ch. 301, § 1, 28 Stat. 405, authorized acceptance of donations of land for road or
other purposes, and is considered obsolete by the Judge
Advocate General. See J.A.G. 601.1, June 27, 1935.

§ 418. Repealed. Feb. 20, 1931, ch. 235, 46 Stat.
1191
Section, act Mar. 3, 1925, ch. 418, 43 Stat. 1104, was in
opinion of Judge Advocate General repealed by act Feb.
20, 1931, providing that no real estate of the Department of the Army should be disposed of without authority of Congress and providing ‘‘all existing acts or
parts thereof in conflict with this proviso, other than
special acts for the sale of stated tracts of land, are
hereby repealed.’’ See J.A.G. 611, Dec. 3, 1931.

§ 419. Transferred

Page 414

right-of-way shall be allowed within or through
any national park, military or any other reservation only upon the approval of the chief officer of the department under whose supervision
or control such reservation falls, and upon a
finding by him that the same is not incompatible with the public interest: Provided further,
That all or any part of such right-of-way may be
forfeited and annulled by declaration of the head
of the department having jurisdiction over the
lands for nonuse for a period of two years or for
abandonment.
Any citizen, association, or corporation of the
United States to whom there has been issued a
permit prior to March 4, 1911, for any of the purposes specified herein under any law existing at
that date, may obtain the benefit of this section
upon the same terms and conditions as shall be
required of citizens, associations, or corporations making application under the provisions of
this section subsequent to such date.
(Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952,
ch. 338, 66 Stat. 95.)
REPEALS
Section repealed by Pub. L. 94–579, title VII,
§ 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on
and after Oct. 21, 1976, insofar as applicable to
the issuance of rights-of-way over, upon, under,
and through the public lands and lands in the
National Forest System.
CODIFICATION
Section, insofar as it relates to right-of-way in national parks and other reservations, is also set out as
section 5 of this title; insofar as it relates to rights-ofway in national forests, is set out as section 523 of this
title; and, insofar as it relates to rights-of-way on public lands generally, and Indian reservations, is set out
as section 961 of Title 43, Public Lands.

CODIFICATION
Section, act Feb. 15, 1901, ch. 372, 31 Stat. 790, which
related to rights-of-way for electrical plants, was transferred to section 79 of this title.

§ 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-ofway herein granted for any one or more of the
purposes herein named: Provided, That such

AMENDMENTS
1952—Act May 27, 1952, inserted reference to rights-ofway 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 Pub. L. 94–579, title VII, § 706(a), Oct. 21,
1976, 90 Stat. 2793, insofar as applicable to the issuance
of rights-of-way, not to be construed as terminating
any valid lease, permit, patent, etc., existing on Oct. 21,
1976, see note set out under section 1701 of Title 43, Public Lands.

§ 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.

Page 415

§ 422a

TITLE 16—CONSERVATION

(Aug. 24, 1912, ch. 355, § 1, 37 Stat. 442; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
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, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
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 section 901 of Title
5, Government Organization and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, § 2, June 10, 1933, by act Mar. 2, 1934,
ch. 38, § 1, 48 Stat. 389.
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 eightacre 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 thirtynine 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 1 from the outside or east edge of
the old line of entrenchments in all the various
courses of the same to a stake ten feet distant
on the east side of the north end of said entrenchments; thence a direct line to the run of
said Moores Creek; thence down said creek to
the beginning, containing two acres, be the
same more or less (the intention is to include all
lands now known and designated as Moores
Creek battlefield and now so recognized as such
and owned by the State of North Carolina), together with all the privileges and appurtenances
thereunto belonging.
The aforesaid tracts of land containing in the
aggregate thirty acres, more or less, and being
the property of the State of North Carolina, and
the area thus inclosed shall be known as the
Moores Creek National Battlefield.
(June 2, 1926, ch. 448, § 1, 44 Stat. 684; Pub. L.
96–344, § 12, Sept. 8, 1980, 94 Stat. 1136.)
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 Pub. L. 96–344, § 12, Sept. 8, 1980, 94 Stat.
1136, which redesignated Moores Creek National Military Park as Moores Creek National Battlefield.

§ 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 section
422 of this title.
(June 2, 1926, ch. 448, § 2, 44 Stat. 685; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July
28, 1933; Pub. L. 96–344, § 12, Sept. 8, 1980, 94 Stat.
1136.)
CHANGE OF NAME
‘‘Battlefield’’ substituted in text for ‘‘Military Park’’
on authority of Pub. L. 96–344, § 12, Sept. 8, 1980, 94 Stat.
1136, which redesignated Moores Creek National Military Park as Moores Creek National Battlefield.
1 So

in original. Probably should be ‘‘distant’’.

§ 422a–1

TITLE 16—CONSERVATION
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 section 901 of Title 5, Government Organization
and Employees.

§ 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, 58 Stat. 746; Pub. L.
93–477, title IV, § 402, Oct. 26, 1974, 88 Stat. 1447;
Pub. L. 96–344, § 12, Sept. 8, 1980, 94 Stat. 1136.)
AMENDMENTS
1974—Pub. L. 93–477 substituted ‘‘acquire by donation,
purchase, or exchange’’ for ‘‘accept in behalf of the
United States donations of’’, and ‘‘acquired’’ for ‘‘to be
accepted’’.
CHANGE OF NAME
‘‘Battlefield’’ substituted in text for ‘‘Military Park’’
on authority of Pub. L. 96–344, § 12, Sept. 8, 1980, 94 Stat.
1136, which redesignated Moores Creek National Military Park as Moores Creek National Battlefield.

§ 422a–2. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out the purposes of section 422a–1 of this title, but not more
than $243,000 shall be appropriated for the acquisition of lands and interests in lands and not
more than $325,000 shall be appropriated for development.
(Sept. 27, 1944, ch. 417, § 2, as added Pub. L.
93–477, title I, § 101(7), Oct. 26, 1974, 88 Stat. 1445.)
§ 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.

Page 416

(June 2, 1926, ch. 448, § 3, 44 Stat. 685; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July
28, 1933; Pub. L. 96–344, § 12, Sept. 8, 1980, 94 Stat.
1136.)
CHANGE OF NAME
‘‘Battlefield’’ and ‘‘battlefield’’ substituted in text
for ‘‘Military Park’’ and ‘‘park’’, respectively, on authority of Pub. L. 96–344, § 12, Sept. 8, 1980, 94 Stat. 1136,
which redesignated Moores Creek National Military
Park as Moores Creek National Battlefield.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 422a of this title.

§ 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, 44 Stat. 686; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July
28, 1933; Pub. L. 96–344, § 12, Sept. 8, 1980, 94 Stat.
1136.)
CHANGE OF NAME
‘‘Battlefield’’ substituted in text for ‘‘Military Park’’
on authority of Pub. L. 96–344, § 12, Sept. 8, 1980, 94 Stat.
1136, which redesignated Moores Creek National Military Park as Moores Creek National Battlefield.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 422a of this title.

§ 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, inclosure, 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

Page 417

§ 423b

TITLE 16—CONSERVATION

June 2, 1926, by law recoverable in the said county of Pender, State of North Carolina.
(June 2, 1926, ch. 448, § 5, 44 Stat. 686; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July
28, 1933.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 422a of this title.

§ 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, 44 Stat. 822; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July
28, 1933; Pub. L. 87–603, § 1, Aug. 24, 1962, 76 Stat.
403.)
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 Pub. L. 87–603. See section 423h–1
of this title.
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 section 901 of Title 5, Government Organization
and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, § 2, by act Mar. 2, 1934, ch. 38, § 1, 48
Stat. 389.
TRANSFER OF PORTION OF LANDS TO SECRETARY OF
THE ARMY
Act June 5, 1942, ch. 345, 56 Stat. 322, provided: ‘‘That
the Secretary of the Interior shall transfer to the Secretary of War [Army] jurisdiction over all lands owned
by the United States lying south and east of the Hickory Hill Road within the Petersburg National Military
Park in the Commonwealth of Virginia. Upon the date
of the transfer, the lands shall cease to be a part of the
Petersburg National Military Park and the Secretary
of War [Army] shall thereafter administer the lands for
military purposes.’’

§ 423a. Acceptance of donations of lands

28, 1933; Pub. L. 87–603, § 1, Aug. 24, 1962, 76 Stat.
403.)
CHANGE OF NAME
‘‘Petersburg National Battlefield’’ substituted in text
for ‘‘Petersburg National Military Park’’ pursuant to
Pub. L. 87–603. See section 423h–1 of this title.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 423 of this title.

§ 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, 63 Stat. 691; Pub. L.
87–603, § 1, Aug. 24, 1962, 76 Stat. 403.)
CHANGE OF NAME
‘‘Petersburg National Battlefield’’ substituted in text
for ‘‘Petersburg National Military Park’’ pursuant to
Pub. L. 87–603. See section 423h–1 of this title.
TRANSFER OF 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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 63 Stat. 692; Pub. L.
87–603, § 1, Aug. 24, 1962, 76 Stat. 403.)
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 Pub. L. 87–603. See section
423h–1 of this title.

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.

§ 423b. Commission; organization

(July 3, 1926, ch. 746, § 2, 44 Stat. 822; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July

The affairs of the Petersburg National Battlefield shall, subject to the supervision and direc-

§ 423c

TITLE 16—CONSERVATION

tion of the Secretary of the Interior, be in
charge of three commissioners, consisting of
Army officers, civilians, or both, to be appointed
by the Secretary of the Interior, one of whom
shall be designated as chairman and another as
secretary of the commission.
(July 3, 1926, ch. 746, § 3, 44 Stat. 822; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July
28, 1933; Pub. L. 87–603, § 1, Aug. 24, 1962, 76 Stat.
403.)
CHANGE OF NAME
‘‘Petersburg National Battlefield’’ substituted in text
for ‘‘Petersburg National Military Park’’ pursuant to
Pub. L. 87–603. See section 423h–1 of this title.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 423 of this title.

§ 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 sections 423, 423a, and 423b to 423h
of this title.
(July 3, 1926, ch. 746, § 4, 44 Stat. 822; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July
28, 1933; Pub. L. 87–603, § 1, Aug. 24, 1962, 76 Stat.
403.)
CHANGE OF NAME
‘‘Battlefield’’ substituted in text for ‘‘park’’ in view
of redesignation of Petersburg National Military Park
as Petersburg National Battlefield by Pub. L. 87–603.
See section 423h–1 of this title.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 423 of this title.

§ 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 sections 423, 423a, and 423b to
423h of this title.
(July 3, 1926, ch. 746, § 5, 44 Stat. 822; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July

Page 418

28, 1933; Pub. L. 87–603, § 1, Aug. 24, 1962, 76 Stat.
403.)
CHANGE OF NAME
‘‘Petersburg National Battlefield’’ substituted in text
for ‘‘Petersburg National Military Park’’ pursuant to
Pub. L. 87–603. See section 423h–1 of this title.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 423 of this title.

§ 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, 44 Stat. 823; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July
28, 1933; Pub. L. 87–603, § 1, Aug. 24, 1962, 76 Stat.
403.)
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 Pub. L. 87–603. See section
423h–1 of this title.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 423 of this title.

§ 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,

Page 419

§§ 423j to 423l

TITLE 16—CONSERVATION

any person so offending and found guilty thereof, before any United States magistrate judge or
court, justice of the peace of the county in
which the offense may be committed, or any
other court of competent jurisdiction, shall for
each and every such offense forfeit and pay a
fine, in the discretion of the said United States
magistrate judge or court, justice of the peace
or other court, according to the aggravation of
the offense, of not less than $5 nor more than
$500, one-half for the use of the battlefield and
the other half to the informant, to be enforced
and recovered before such United States magistrate judge or court, justice of the peace or
other court, in like manner as debts of like nature were, on July 3, 1926, by law recoverable in
the several counties where the offense may be
committed.
(July 3, 1926, ch. 746, § 7, 44 Stat. 823; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July
28, 1933; Pub. L. 87–603, § 1, Aug. 24, 1962, 76 Stat.
403; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17,
1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321,
Dec. 1, 1990, 104 Stat. 5117.)
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 Pub. L. 87–603. See section 423h–1 of this title.
‘‘United States magistrate judge’’ substituted for
‘‘United States magistrate’’ wherever appearing in text
pursuant to section 321 of Pub. L. 101–650, set out as a
note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, ‘‘United States magistrate’’
substituted for ‘‘United States commissioner’’ pursuant
to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title
28.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 423 of this title.

§ 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, 44 Stat. 823; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July
28, 1933; Pub. L. 87–603, § 1, Aug. 24, 1962, 76 Stat.
403.)
CHANGE OF NAME
‘‘Battlefield’’ substituted in text for ‘‘park’’ in view
of redesignation of Petersburg National Military Park
as Petersburg National Military Battlefield by Pub. L.
87–603. See section 423h–1 of this title.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 423 of this title.

§ 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, 44 Stat. 823; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July
28, 1933; Pub. L. 87–603, § 1, Aug. 24, 1962, 76 Stat.
403.)
CHANGE OF NAME
‘‘Battlefield’’ substituted in text for ‘‘park’’ in view
of redesignation of Petersburg National Military Park
as Petersburg National Military Battlefield by Pub. L.
87–603. See section 423h–1 of this title.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 423 of this title.

§ 423h–1. Redesignation of park
The Petersburg National Military Park, established under authority of sections 423, 423a, and
423b to 423h of this title, and enlarged pursuant
to sections 423a–1 and 423a–2 of this title, is redesignated the Petersburg National Battlefield.
(Pub. L. 87–603, § 1, Aug. 24, 1962, 76 Stat. 403.)
§ 423h–2. Acquisition of lands; publication in Federal Register; administration
The Secretary of the Interior, in furtherance
of the purposes of sections 423, 423a, and 423b to
423h of this title referred to in section 423h–1 of
this title, may acquire by purchase with donated
or appropriated funds, exchange, transfer, or by
such other means as he deems to be in the public
interest, not to exceed twelve hundred acres of
land or interests in land at the site of the Battle
of Five Forks for addition to the Petersburg National Battlefield. Lands and interests in lands
acquired by the Secretary pursuant to this section shall, upon publication of a description
thereof in the Federal Register, become a part of
the Petersburg National Battlefield, and thereafter shall be administered by the Secretary of
the Interior in accordance with the provisions of
sections 1, 2, 3, and 4 of this title, as amended
and supplemented.
(Pub. L. 87–603, § 2, Aug. 24, 1962, 76 Stat. 403.)
§ 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 section 423h–2
of this title.
(Pub. L. 87–603, § 3, Aug. 24, 1962, 76 Stat. 403.)
§ 423i. Omitted
CODIFICATION
Section, act July 3, 1926, ch. 746, § 10, 44 Stat. 823, appropriated $15,000 for carrying out provisions of sections 423, 423a, 423b to 423h of this title to be available
until expended.

§§ 423j to 423l. Repealed. Pub. L. 106–511, title V,
§ 507, Nov. 13, 2000, 114 Stat. 2376
Section 423j, act Mar. 2, 1936, ch. 113, § 1, 49 Stat. 1155,
related to establishment of Richmond National Battlefield Park.

§ 423l–1

TITLE 16—CONSERVATION

Section 423k, act Mar. 2, 1936, ch. 113, § 2, 49 Stat. 1156,
related to acceptance of donations of lands and funds
and acquisitions of lands for Richmond National Battlefield Park.
Section 423l, act Mar. 2, 1936, ch. 113, § 3, 49 Stat. 1156,
related to administration, protection, and development
of Richmond National Battlefield Park.
See sections 423l–1 to 423l–6 of this title.

§ 423l–1. Short title; definitions
(a) Short title
Sections 423l–1 to 423l–6 of this title may be
cited as the ‘‘Richmond National Battlefield
Park Act of 2000’’.
(b) Definitions
In sections 423l–1 to 423l–6 of this title:
(1) Battlefield park
The term ‘‘battlefield park’’ means the Richmond National Battlefield Park.
(2) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(Pub. L. 106–511, title V, § 501, Nov. 13, 2000, 114
Stat. 2373.)
REFERENCES IN TEXT
Sections 423l–1 to 423l–6 of this title, referred to in
text, was in the original ‘‘this title’’, meaning title V
of Pub. L. 106–511, Nov. 13, 2000, 114 Stat. 2373, which enacted sections 423l–1 to 423l–6 of this title and repealed
sections 423j to 423l of this title. For complete classification of title V to the Code, see Tables.

§ 423l–2. Findings and purpose
(a) Findings
The Congress finds the following:
(1) In the Act of March 2, 1936 (Chapter 113;
49 Stat. 1155; 16 U.S.C. 423j), Congress authorized the establishment of the Richmond National Battlefield Park, and the boundaries of
the battlefield park were established to permit
the inclusion of all military battlefield areas
related to the battles fought during the Civil
War in the vicinity of the City of Richmond,
Virginia. The battlefield park originally included the area then known as the Richmond
Battlefield State Park.
(2) The total acreage identified in 1936 for
consideration for inclusion in the battlefield
park consisted of approximately 225,000 acres
in and around the City of Richmond. A study
undertaken by the congressionally authorized
Civil War Sites Advisory Committee determined that of these 225,000 acres, the historically significant areas relating to the campaigns against and in defense of Richmond encompass approximately 38,000 acres.
(3) In a 1996 general management plan, the
National Park Service identified approximately 7,121 acres in and around the City of
Richmond that satisfy the National Park
Service criteria of significance, integrity, feasibility, and suitability for inclusion in the
battlefield park. The National Park Service
later identified an additional 186 acres for inclusion in the battlefield park.
(4) There is a national interest in protecting
and preserving sites of historical significance
associated with the Civil War and the City of
Richmond.

Page 420

(5) The Commonwealth of Virginia and its
local units of government have authority to
prevent or minimize adverse uses of these historic resources and can play a significant role
in the protection of the historic resources related to the campaigns against and in defense
of Richmond.
(6) The preservation of the New Market
Heights Battlefield in the vicinity of the City
of Richmond is an important aspect of American history that can be interpreted to the
public. The Battle of New Market Heights represents a premier landmark in black military
history as 14 black Union soldiers were awarded the Medal of Honor in recognition of their
valor during the battle. According to National
Park Service historians, the sacrifices of the
United States Colored Troops in this battle
helped to ensure the passage of the Thirteenth
Amendment to the United States Constitution
to abolish slavery.
(b) Purpose
It is the purpose of sections 423l–1 to 423l–6 of
this title—
(1) to revise the boundaries for the Richmond National Battlefield Park based on the
findings of the Civil War Sites Advisory Committee and the National Park Service; and
(2) to direct the Secretary of the Interior to
work in cooperation with the Commonwealth
of Virginia, the City of Richmond, other political subdivisions of the Commonwealth, other
public entities, and the private sector in the
management, protection, and interpretation of
the resources associated with the Civil War
and the Civil War battles in and around the
City of Richmond, Virginia.
(Pub. L. 106–511, title V, § 502, Nov. 13, 2000, 114
Stat. 2373.)
REFERENCES IN TEXT
The Act of March 2, 1936, referred to in subsec. (a)(1),
is act Mar. 2, 1936, ch. 113, 49 Stat. 1155, which was classified generally to sections 423j to 423l of this title prior
to repeal by Pub. L. 106–511, title V, § 507, Nov. 13, 2000,
114 Stat. 2376.
Sections 423l–1 to 423l–6 of this title, referred to in
subsec. (b), was in the original ‘‘this title’’, meaning
title V of Pub. L. 106–511, Nov. 13, 2000, 114 Stat. 2373,
which enacted sections 423l–1 to 423l–6 of this title and
repealed sections 423j to 423l of this title. For complete
classification of title V to the Code, see Tables.

§ 423l–3. Richmond National Battlefield Park;
boundaries
(a) Establishment and purpose
For the purpose of protecting, managing, and
interpreting the resources associated with the
Civil War battles in and around the City of Richmond, Virginia, there is established the Richmond National Battlefield Park consisting of
approximately 7,307 acres of land, as generally
depicted on the map entitled ‘‘Richmond National Battlefield Park Boundary Revision’’,
numbered 367N.E.F.A.80026A, and dated September 2000. The map shall be on file in the appropriate offices of the National Park Service.
(b) Boundary adjustments
The Secretary may make minor adjustments
in the boundaries of the battlefield park consistent with section 460l–9(c) of this title.

Page 421

§ 423m

TITLE 16—CONSERVATION

(Pub. L. 106–511, title V, § 503, Nov. 13, 2000, 114
Stat. 2374.)
§ 423l–4. Land acquisition
(a) Acquisition authority
(1) In general
The Secretary may acquire lands, waters,
and interests in lands within the boundaries of
the battlefield park from willing landowners
by donation, purchase with donated or appropriated funds, or exchange. In acquiring lands
and interests in lands under sections 423l–1 to
423l–6 of this title, the Secretary shall acquire
the minimum interest necessary to achieve
the purposes for which the battlefield is established.
(2) Special rule for private lands
Privately owned lands or interests in lands
may be acquired under sections 423l–1 to 423l–6
of this title only with the consent of the
owner.
(b) Easements
(1) Outside boundaries
The Secretary may acquire an easement on
property outside the boundaries of the battlefield park and around the City of Richmond,
with the consent of the owner, if the Secretary
determines that the easement is necessary to
protect core Civil War resources as identified
by the Civil War Sites Advisory Committee.
Upon acquisition of the easement, the Secretary shall revise the boundaries of the battlefield park to include the property subject to
the easement.
(2) Inside boundaries
To the extent practicable, and if preferred
by a willing landowner, the Secretary shall
use permanent conservation easements to acquire interests in land in lieu of acquiring land
in fee simple and thereby removing land from
non-Federal ownership.
(c) Visitor center
The Secretary may acquire the Tredegar Iron
Works buildings and associated land in the City
of Richmond for use as a visitor center for the
battlefield park.
(Pub. L. 106–511, title V, § 504, Nov. 13, 2000, 114
Stat. 2374.)
REFERENCES IN TEXT
Sections 423l–1 to 423l–6 of this title, referred to in
subsec. (a), was in the original ‘‘this title’’, meaning
title V of Pub. L. 106–511, Nov. 13, 2000, 114 Stat. 2373,
which enacted sections 423l–1 to 423l–6 of this title and
repealed sections 423j to 423l of this title. For complete
classification of title V to the Code, see Tables.

§ 423l–5. Park administration
(a) Applicable laws
The Secretary, acting through the Director of
the National Park Service, shall administer the
battlefield park in accordance with sections
423l–1 to 423l–6 of this title and laws generally
applicable to units of the National Park System,
including sections 1, 2, 3, and 4 of this title and
sections 461 to 467 of this title.
(b) New Market Heights Battlefield
The Secretary shall provide for the establishment of a monument or memorial suitable to

honor the 14 Medal of Honor recipients from the
United States Colored Troops who fought in the
Battle of New Market Heights. The Secretary
shall include the Battle of New Market Heights
and the role of black Union soldiers in the battle
in historical interpretations provided to the
public at the battlefield park.
(c) Cooperative agreements
The Secretary may enter into cooperative
agreements with the Commonwealth of Virginia,
its political subdivisions (including the City of
Richmond), private property owners, and other
members of the private sector to develop mechanisms to protect and interpret the historical resources within the battlefield park in a manner
that would allow for continued private ownership and use where compatible with the purposes
for which the battlefield is established.
(d) Technical assistance
The Secretary may provide technical assistance to the Commonwealth of Virginia, its political subdivisions, nonprofit entities, and private
property owners for the development of comprehensive plans, land use guidelines, special studies, and other activities that are consistent with
the identification, protection, interpretation,
and commemoration of historically significant
Civil War resources located inside and outside of
the boundaries of the battlefield park. The technical assistance does not authorize the Secretary to own or manage any of the resources
outside the battlefield park boundaries.
(Pub. L. 106–511, title V, § 505, Nov. 13, 2000, 114
Stat. 2375.)
REFERENCES IN TEXT
Sections 423l–1 to 423l–6 of this title, referred to in
subsec. (a), was in the original ‘‘this title’’, meaning
title V of Pub. L. 106–511, Nov. 13, 2000, 114 Stat. 2373,
which enacted sections 423l–1 to 423l–6 of this title and
repealed sections 423j to 423l of this title. For complete
classification of title V to the Code, see Tables.

§ 423l–6. Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out sections
423l–1 to 423l–6 of this title.
(Pub. L. 106–511, title V, § 506, Nov. 13, 2000, 114
Stat. 2375.)
REFERENCES IN TEXT
Sections 423l–1 to 423l–6 of this title, referred to in
text, was in the original ‘‘this title’’, meaning title V
of Pub. L. 106–511, Nov. 13, 2000, 114 Stat. 2373, which enacted sections 423l–1 to 423l–6 of this title and repealed
sections 423j to 423l of this title. For complete classification of title V to the Code, see Tables.

§ 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

§ 423n

TITLE 16—CONSERVATION

battlefield site for the benefit and inspiration of
the people and shall be called the Eutaw Springs
Battlefield Site.
(June 26, 1936, ch. 840, § 1, 49 Stat. 1975.)
§ 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 section 3113 of title 40,
such tracts of land on the said battlefield site as
may be necessary for the completion thereof.
(June 26, 1936, ch. 840, § 2, 49 Stat. 1975.)
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and
Works.

§ 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 sections 1, 2, 3, and 4 of
this title, as amended.
(June 26, 1936, ch. 840, § 3, 49 Stat. 1975.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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

Page 422

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

Page 423

TITLE 16—CONSERVATION

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, §§ 1–11, 26 Stat. 333–336;
Mar. 3, 1891, ch. 542, 26 Stat. 978; Feb. 26, 1896, ch.
33, 29 Stat. 21; June 4, 1897, ch. 2, § 1, 30 Stat. 43;
Apr. 15, 1926, ch. 146, title II, 44 Stat. 289; Feb. 23,
1927, ch. 167, title II, 44 Stat. 1140; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July
28, 1933.)
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 section 901 of Title 5, Government
Organization and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, § 2, by act Mar. 2, 1934, ch. 38, § 1, 48
Stat. 389.

§ 424–1. Acquisition of land
(a) In general
The Secretary of the Interior may acquire private land, easements, and buildings within the
areas authorized for acquisition for the Chickamauga and Chattanooga National Military
Park, by donation, purchase with donated or appropriated funds, or exchange.
(b) Limitation
Land, easements, and buildings described in
subsection (a) of this section may be acquired
only from willing sellers.
(c) Administration
Land, easements, and buildings acquired by
the Secretary under subsection (a) of this sec-

§ 424a–3

tion shall be administered by the Secretary as
part of the park.
(Aug. 19, 1890, ch. 806, § 12, as added Pub. L.
105–277, div. A, § 101(e) [title I, § 138], Oct. 21, 1998,
112 Stat. 2681–231, 2681–266.)
§ 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 ‘‘ChattanoogaLookout Mountain Park’’ (a corporation, Adolph S. Ochs, president) and/or any lands within
one mile of said Chattanooga-Lookout Mountain
Park in the States of Tennessee and Georgia.
(May 4, 1934, ch. 218, § 1, 48 Stat. 666.)
§ 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 ChickamaugaChattanooga National Military Park, the title
to such property or interests to be satisfactory
to him. Upon acquisition, such lands shall be a
part of the Chickamauga-Chattanooga National
Military Park and shall be subject to all laws
and regulations applicable thereto.
(Mar. 5, 1942, ch. 148, § 1, 56 Stat. 133.)
§ 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, 56 Stat. 133.)
§ 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,

§ 424a–4

TITLE 16—CONSERVATION

public notice that such lands are to become a
part of the Chickamauga and Chattanooga National Military Park, effective on the date of
publication of such notice, shall be given in the
Federal Register.
(June 24, 1948, ch. 630, 62 Stat. 646; June 30, 1949,
ch. 288, title I, § 105, 63 Stat. 381.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
Act June 30, 1949, transferred functions, property and
personnel of War Assets Administration to General
Services Administration and functions of War Assets
Administrator transferred to Administrator of General
Services.

§ 424a–4. Repealed. Pub. L. 108–7, div. F, title I,
§ 160(e), Feb. 20, 2003, 117 Stat. 249
Section, act Aug. 3, 1950, ch. 532, §§ 1, 2, 64 Stat. 405,
related to acquisition of land in the Moccasin Bend of
the Tennessee River as an addition to Chickamauga
and Chattanooga National Military Park.

§ 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 section 424a of this
title.
(May 4, 1934, ch. 218, § 2, 48 Stat. 666.)
§ 424c. Moccasin Bend National Archeological
District
(a) Short title
This section may be cited as the ‘‘Moccasin
Bend National Archeological District Act’’.
(b) Definitions
As used in this section:
(1) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) Archeological district
The term ‘‘archeological district’’ means the
Moccasin Bend National Archeological District.
(3) State
The term ‘‘State’’ means the State of Tennessee.
(4) Map
The term ‘‘Map’’ means the map entitled,
‘‘Boundary Map Moccasin Bend National Archeological District’’, numbered 301/80098, and
dated September 2002.
(c) Establishment
(1) In general
In order to preserve, protect, and interpret
for the benefit of the public the nationally significant archeological and historic resources
located on the peninsula known as Moccasin

Page 424

Bend, Tennessee, there is established as a unit
of Chickamauga and Chattanooga National
Military Park, the Moccasin Bend National
Archeological District.
(2) Boundaries
The archeological district shall consist of
approximately 780 acres generally depicted on
the Map. The Map shall be on file and available for public inspection in the appropriate
offices of the National Park Service, Department of the Interior.
(3) Acquisition of land and interests in land
(A) In general
The Secretary may acquire by donation,
purchase from willing sellers using donated
or appropriated funds, or exchange, lands
and interests in lands within the exterior
boundary of the archeological district. The
Secretary may acquire the State, county
and city-owned land and interests in land for
inclusion in the archeological district only
by donation.
(B) Easement outside boundary
To allow access between areas of the archeological district that on February 20,
2003, are noncontiguous, the Secretary may
acquire by donation or purchase from willing owners using donated or appropriated
funds, or exchange, easements connecting
the areas generally depicted on the Map.
(d) Administration
(1) In general
The archeological district shall be administered by the Secretary in accordance with this
section, with laws applicable to Chickamauga
and Chattanooga National Military Park, and
with the laws generally applicable to units of
the National Park System.
(2) Cooperative agreement
The Secretary may consult and enter into
cooperative agreements with culturally affiliated federally recognized Indian tribes, governmental entities, and interested persons to
provide for the restoration, preservation, development, interpretation, and use of the archeological district.
(3) Visitor interpretive center
For purposes of interpreting the historical
themes and cultural resources of the archeological district, the Secretary may establish
and administer a visitor center in the archeological district.
(4) General management plan
Not later than 3 years after funds are made
available under this section, the Secretary
shall develop a general management plan for
the archeological district. The general management plan shall describe the appropriate
protection and preservation of natural, cultural, and scenic resources, visitor use, and facility development within the archeological
district consistent with the purposes of this
section, while ensuring continued access by
private landowners to their property.
(Pub. L. 108–7, div. F, title I, § 160, Feb. 20, 2003,
117 Stat. 247.)

Page 425

§ 425b

TITLE 16—CONSERVATION
CODIFICATION

REFERENCES IN TEXT

Section is comprised of section 160 of div. F of Pub.
L. 108–7. Subsec. (e) of section 160 of div. F of Pub. L.
108–7 repealed section 424a–4 of this title.

Act June 7, 1924, ch. 339, 43 Stat. 646, referred to in
text, was temporary and was not classified to the Code.

§ 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 sections 425 to 425j of this
title the land above mentioned, or so much
thereof as he may deem necessary, together
with all such existing breastworks, earthworks,
gun emplacements, walls, defenses, shelters, or
other historical points as the Secretary of the
Interior may deem necessary, whether shown on
said index map sheet or not, and together also
with such additional land as the Secretary of
the Interior may deem necessary for monuments, markers, tablets, roads, highways, paths,
approaches, and to carry out the general purposes of said sections. As title is acquired to
parts of the land herein authorized to be acquired, the Secretary of the Interior may proceed with the establishment of the park upon
such portions so acquired, and the remaining
portions of the lands desired shall be respectively brought within said park as titles to said
portions are severally acquired.
(Feb. 14, 1927, ch. 127, § 1, 44 Stat. 1091; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)

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 section 901 of Title
5, Government Organization and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, § 2, by act Mar. 2, 1934, ch. 38, § 1, 48
Stat. 389.

§ 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 section 3113 of title 40, to acquire title
to the lands, interests therein, or rights pertaining thereto within the said Fredericksburg and
Spotsylvania County Battle Fields Memorial,
authorized to be acquired in section 425 of this
title, and the United States shall be entitled to
immediate possession upon the filing of the petition in condemnation in the United States District Court for the Eastern District of Virginia:
Provided, That when the owner of such lands, interests therein, or rights pertaining thereto
shall fix a price for the same, which in the opinion of the commission, referred to in section
425c of this title, and the Secretary of the Interior, shall be reasonable, the Secretary may purchase the same without further delay: Provided
further, That the Secretary of the Interior is authorized to accept on behalf of the United
States, donations of lands, interests therein or
rights pertaining thereto required for the said
Fredericksburg and Spotsylvania County Battle
Fields Memorial: And provided further, That no
public money shall be expended for title to any
lands until a written opinion of the Attorney
General shall be had in favor of the validity of
title thereto.
(Feb. 14, 1927, ch. 127, § 2, 44 Stat. 1092; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888, entitled ‘An Act to authorize condemnation of lands for sites for public buildings, and
for other purposes’ (Twenty-fifth Statutes at Large,
page 357)’’ on authority of Pub. L. 107–217, § 5(c), Aug.
21, 2002, 116 Stat. 1303, the first section of which enacted
Title 40, Public Buildings, Property, and Works.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 425 of this title.

§ 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 pur-

§ 425c

TITLE 16—CONSERVATION

chase, subject to later acceptance if in the judgment of the Secretary of the Interior it is as economical to purchase as condemn title to the
property: Provided, That the Secretary of the Interior may enter into agreements upon such
nominal terms as he may prescribe, permitting
the present owners or their tenants to occupy or
cultivate their present holdings, upon condition
that they will preserve the present breastworks,
earthworks, walls, defenses, shelters, buildings,
and roads, and the present outlines of the battlefields, and that they will only cut trees or underbrush or disturb or remove the soil, under
such regulations as the Secretary of the Interior
may prescribe, and that they will assist in caring for and protecting all tablets, monuments,
or such other artificial works as may from time
to time be erected by proper authority: Provided
further, That if such agreements to lease cover
any lands the title to which shall have been acquired by the United States, the proceeds from
such agreements shall be applied by the Secretary of the Interior toward the maintenance of
the park.
(Feb. 14, 1927, ch. 127, § 3, 44 Stat. 1092; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 425 of this title.

§ 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, 44 Stat. 1093; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 425 of this title.

§ 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

Page 426

the park shall have authority, under the direction of the Secretary of the Interior to employ
such labor and services at rates to be fixed by
the Secretary of the Interior, and to obtain such
supplies and materials as may be necessary to
carry out the provisions of sections 425 to 425j of
this title.
(Feb. 14, 1927, ch. 127, § 5, 44 Stat. 1093; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 425 of this title.

§ 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 sections
425 to 425j of this title.
(Feb. 14, 1927, ch. 127, § 6, 44 Stat. 1093; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 425 of this title.

§ 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, 44 Stat. 1093; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 425 of this title.

Page 427

§ 425k

TITLE 16—CONSERVATION

§ 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, inclosure, or other
work for the protection or ornament of said
park, or any portion thereof, or shall destroy,
cut, hack, bark, break down, or otherwise injure
any tree, bush, or shrubbery that may be growing upon said park, or shall cut down or fell or
remove any timber, battle relic, tree or trees
growing or being upon said park, or hunt within
the limits of the park, or shall remove or destroy any breastworks, earthworks, walls, or
other defenses or shelter or any part thereof
constructed by the armies formerly engaged in
the battles on the lands or approaches to the
park, any person so offending and found guilty
thereof before any justice of the peace of the
county in which the offense may be committed,
or any court of competent jurisdiction, shall for
each and every such offense forfeit and pay a
fine, in the discretion of the justice, according
to the aggravation of the offense, of not less
than $5 nor more than $50, one-half for the use
of the park and the other half to the informer,
to be enforced and recovered before such justice
in like manner as debts of like nature were, on
February 14, 1927, by law recoverable in the several counties where the offense may be committed.
(Feb. 14, 1927, ch. 127, § 8, 44 Stat. 1094; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 425 of this title.

§ 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, 44 Stat. 1094; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 425 of this title.

§ 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, 44 Stat. 1094; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)

TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 425 of this title.

§ 425j. Authorization of appropriation
To enable the Secretary of the Interior to
begin to carry out the provisions of sections 425
to 425j of this title, including the condemnation,
purchase, or lease of the necessary lands, surveys, maps, marking the boundaries of the park,
opening, constructing, or repairing necessary
roads, pay and expenses of commissioners, salaries for labor and services, traveling expenses,
supplies and materials, the sum of $50,000 is authorized to be appropriated out of any money in
the Treasury not otherwise appropriated, to remain available until expended, and such additional sums are authorized to be appropriated
from time to time as may be necessary for the
completion of the project and for the proper
maintenance of said park. All disbursements
under said sections shall be annually reported
by the Secretary of the Interior to Congress.
(Feb. 14, 1927, ch. 127, § 11, 44 Stat. 1094; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 425 of this title.

§ 425k. Revision of park boundaries
(a) Boundary revision
In furtherance of the purposes of sections 425
to 425j of this title, the Fredericksburg and
Spotsylvania County Battlefields Memorial National Military Park (hereinafter in sections
425k to 425o of this title referred to as the
‘‘park’’) shall hereafter comprise the lands and
interests in lands within the boundary generally
depicted as ‘‘Proposed Park Boundary’’ on the
maps entitled ‘‘Fredericksburg and Spotsylvania
National Military Park’’, numbered 326–40075D/
89, 326–40074E/89, 326–40069B/89, 326–40070D/89,
326–40071C/89, 326–40076A/89, and 326–40073D/89, and
dated June 1989, and the map entitled ‘‘Fredericksburg and Spotsylvania National Military
Park,’’ numbered 326–40072E/89/A and dated September 1990. The maps shall be on file and available for public inspection in the Office of the National Park Service, Department of the Interior.
(b) Excluded lands
Lands and interests in lands within the boundary depicted on the maps referred to in subsection (a) of this section as ‘‘Existing Park
Boundary’’ but outside of the boundary depicted
as ‘‘Proposed Park Boundary’’ are hereby excluded from the park, in accordance with the
provisions of section 425l(b) of this title. The
Secretary of the Interior (hereinafter referred to
as the ‘‘Secretary’’) may relinquish to the Commonwealth of Virginia exclusive or concurrent
legislative jurisdiction over lands excluded from
the park by this section by filing with the Governor a notice of relinquishment. Such relinquishment shall take effect upon acceptance
thereof, or as the laws of the Commonwealth
may otherwise provide.

§ 425l

TITLE 16—CONSERVATION

(Pub. L. 101–214, § 2, Dec. 11, 1989, 103 Stat. 1849;
Pub. L. 102–541, § 2(a), Oct. 27, 1992, 106 Stat. 3565;
Pub. L. 106–150, § 1(c), Dec. 9, 1999, 113 Stat. 1730.)
AMENDMENTS
1999—Subsec. (a). Pub. L. 106–150 substituted ‘‘Spotsylvania National’’ for ‘‘Spotslyvania National’’.
1992—Subsec. (a). Pub. L. 102–541 struck out
‘‘326–40072E/89,’’ after ‘‘326–40071C/89.’’ and substituted
‘‘1989, and the map entitled ‘Fredericksburg and Spotsylvania National Military Park,’ numbered 326–40072E/
89/A and dated September, 1990.’’ for ‘‘1989.’’
EFFECTIVE DATE OF 1992 AMENDMENT
Section 2(a)(2) of Pub. L. 102–541 provided in part that
amendment of this section by Pub. L. 102–541 was not to
be effective until the lands included within the proposed new boundaries of the Fredericksburg and Spotsylvania County Battlefields Memorial National Military Park pursuant to Pub. L. 102–541 had been donated
to the Secretary of the Interior, prior to repeal by Pub.
L. 106–150, § 1(a), Dec. 9, 1999, 113 Stat. 1730.
SHORT TITLE
Section 1 of Pub. L. 101–214 provided that: ‘‘This Act
[enacting this section and sections 425l to 425o of this
title] may be cited as the ‘Fredericksburg and Spotsylvania County Battlefields Memorial National Military
Park Expansion Act of 1989’.’’
CONGRESSIONAL FINDINGS RELATING TO PARK
EXPANSION
Section 1 of Pub. L. 102–541 provided that: ‘‘Congress
finds that the land area near Fredericksburg and Spotsylvania County Battlefields Memorial National Military Park, Virginia, located south and west of the
intersection of the Orange Plank Road and Brock Road
in Spotsylvania County was strategically significant
ground associated with the battle of the Civil War
known as the Battle of the Wilderness, and that the
tract of land adjacent to such area known as ‘Longstreet’s Flank Attack’ was also strategically significant to that battle.’’
ACQUISITION OF CERTAIN LANDS BY DONATION ONLY
Section 2(b) of Pub. L. 102–541 provided that lands included within the boundaries of the Fredericksburg and
Spotsylvania County Battlefields Memorial National
Military Park pursuant to that section, amending this
section and enacting provisions formerly set out as a
note above, could be acquired only by donation, prior
to repeal by Pub. L. 106–150, § 1(b)(2), Dec. 9, 1999, 113
Stat. 1730.

§ 425l. Acquisitions and conveyances
(a) Acquisition
(1) Except as provided in paragraph (2), 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.
(2) The lands designated ‘‘P04–04’’ on the map
referred to in section 425k(a) of this title numbered 326–40072E/89/A and dated September 1990
may be acquired only by donation, and the lands
designated ‘‘P04–01’’, ‘‘P04–02’’, and ‘‘P04–03’’ on
such map may be acquired only by donation,
purchase from willing sellers, or exchange.
(b) Conveyance of lands excluded from park
(1) The Secretary is authorized, in accordance
with applicable existing law, to exchange Federal lands and interests excluded from the park
pursuant to section 425k(b) of this title for the
purpose of acquiring lands within the park
boundary.

Page 428

(2) If any such Federal lands or interests are
not exchanged within five years after December
11, 1989, the Secretary may sell any or all such
lands or interests to the highest bidder, in accordance with such regulations as the Secretary
may prescribe, but any such conveyance shall be
at not less than the fair market value of the
land or interest, as determined by the Secretary.
(3) All Federal lands and interests sold or exchanged pursuant to this subsection shall be
subject to such terms and conditions as will assure the use of the property in a manner which,
in the judgment of the Secretary, will protect
the battlefield setting. Notwithstanding any
other provision of law, the net proceeds from
any such sale or exchange shall be used, subject
to appropriations, to acquire lands and interests
within the park.
(c) Alternative access
In order to facilitate the acquisition by the
United States of existing easements or rights of
access across Federal lands within the park and
to provide the owners of such easements or
rights of access with alternative rights of access
across nonpark lands, the Secretary may acquire, by donation, purchase with donated or appropriated funds, or exchange, interests in land
of similar estate across lands which are not
within the park. With or without the acceptance
of payment of cash to equalize the values of the
properties, the Secretary may convey such
nonpark lands or interests in lands to the holders of such existing easements or rights of access across Federal lands within the park in exchange for their conveyance to the United
States of such easements or rights. Nothing in
sections 425k to 425o of this title shall prohibit
the Secretary from acquiring any outstanding
easements or rights of access across Federal
lands by donation, purchase with donated or appropriated funds or by exchange.
(d) Conservation easements
The Secretary is authorized to accept donations of conservation easements on lands adjacent to the park. Such conservation easements
shall have the effect of protecting the scenic and
historic resources on park lands and the adjacent lands or preserving the undeveloped or historic appearance of the park when viewed from
within or without the park.
(e) Other provisions
Within the area bounded by the Orange Turnpike, the Orange Plank Road, and McLaws Drive
no improved property (as defined in section 425m
of this title) may be acquired without the consent of the owner thereof unless the Secretary
determines that, in his judgment, the property
is subject to, or threatened with, uses which are
having, or would have, an adverse impact on the
park.
(Pub. L. 101–214, § 3, Dec. 11, 1989, 103 Stat. 1849;
Pub. L. 106–150, § 1(b)(1), Dec. 9, 1999, 113 Stat.
1730.)
AMENDMENTS
1999—Subsec. (a). Pub. L. 106–150 designated existing
provisions as par. (1), substituted ‘‘Except as provided
in paragraph (2), the Secretary’’ for ‘‘The Secretary’’,
and added par. (2).

Page 429

§ 426b

TITLE 16—CONSERVATION

§ 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 sections 425k to
425o of this title may retain a right of use and
occupancy of such improved property for noncommercial residential purposes for a definite
term of not more than twenty-five years, or for
a term ending at the death of the owner or the
owner’s spouse. The owner shall elect the term
to be reserved, except that if the owner is a corporation, trust, partnership, or any entity other
than an individual, the term shall not exceed
twenty-five years. Ownership shall be determined as of June 1, 1989. Unless the property is
wholly or partially donated, the Secretary shall
pay to the owner the fair market value of the
property on the date of such acquisition, less the
fair market value of the right retained by the
owner.
(b) Terms and conditions
Any rights retained pursuant to this section
shall be subject to such terms and conditions as
the Secretary may prescribe and may be terminated by the Secretary upon his determination
and after reasonable notice to the owner thereof
that such property is being used for any purpose
which is incompatible with the administration,
protection, or public use of the park. Such right
shall terminate by operation of law upon notification of the owner by the Secretary and tendering to the owner an amount equal to the fair
market value of that portion of the right which
remains unexpired.
(c) ‘‘Improved property’’ defined
As used in this section, the term ‘‘improved
property’’ means a year-round noncommercial
single-family dwelling together with such land,
in the same ownership as the dwelling, as the
Secretary determines is reasonably necessary
for the enjoyment of the dwelling for singlefamily residential use.
(Pub. L. 101–214, § 4, Dec. 11, 1989, 103 Stat. 1850.)
§ 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.
(Pub. L. 101–214, § 5, Dec. 11, 1989, 103 Stat. 1851.)
§ 425o. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out the purposes of sections 425k to 425o of this title.
(Pub. L. 101–214, § 6, Dec. 11, 1989, 103 Stat. 1851.)

§ 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, 44 Stat. 1399; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933; Pub. L. 86–443, §§ 2, 3, Apr. 22, 1960,
74 Stat. 82.)
CHANGE OF NAME
Stones River National Military Park redesignated
Stones River National Battlefield by Pub. L. 86–443. See
section 426l of this title.
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 section 901 of Title 5, Government Organization
and Employees. Administrative functions of Stones
River National Battlefield assigned to Department of
the Interior by section 3 of Pub. L. 86–443, set out as
section 426m of this title.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, § 2, by act Mar. 2, 1934, ch. 38, § 1, 48
Stat. 389.

§ 426a. Qualifications of members of commission
In appointing the members of the commission
created by section 426 of this title the Secretary
of the Interior shall, as far as practicable, select
persons familiar with the terrain of the battlefield of Stones River, Tennessee, and the historical events associated therewith.
(Mar. 3, 1927, ch. 374, § 2, 44 Stat. 1399; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 426 of this title.

§ 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, 44 Stat. 1399; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
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.

§ 426c

TITLE 16—CONSERVATION

Page 430

TRANSFER OF FUNCTIONS

TRANSFER OF FUNCTIONS

Transfer of administrative functions of park, see note
set out under section 426 of this title.

Transfer of administrative functions of park, see note
set out under section 426 of this title.

§ 426c. Assistants to commission; expenses of
commission

§ 426e. Lands acquired declared national battlefield; name

The Secretary of the Interior is authorized to
assign any officials of the Interior Department
to the assistance of the commission if he deems
it advisable. He is authorized to pay the reasonable expenses of the commission and their assistants incurred in the actual performance of
the duties imposed upon them by sections 426 to
426j of this title.

Upon the ceding of jurisdiction by the legislature of the State of Tennessee and the report of
the Attorney General of the United States that
a perfect title has been acquired, the lands acquired under the provisions of sections 426 to
426j of this title, together with the area already
inclosed within the national cemetery at the
battlefield of Stones River and the Government
reservation in said battlefield upon which is
erected a large monument to the memory of the
officers and soldiers of General Hazen’s brigade
who fell on the spot, are declared to be a national battlefield, to be known as the Stones
River National Battlefield.

(Mar. 3, 1927, ch. 374, § 4, 44 Stat. 1400; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 426 of this title.

§ 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, 44 Stat. 1400; Apr. 15,
1930, ch. 167, 46 Stat. 167; Ex. Ord. No. 6166, § 2,
June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933;
Pub. L. 86–443, § 2, Apr. 22, 1960, 74 Stat. 82.)
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 Pub. L. 86–443. See section 426l of this title.

(Mar. 3, 1927, ch. 374, § 6, 44 Stat. 1400; Pub. L.
86–443, § 2, Apr. 22, 1960, 74 Stat. 82.)
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 Pub. L.
86–443. See section 426l of this title.

§ 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, 44 Stat. 1400; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933; Pub. L. 86–443, § 2, Apr. 22, 1960, 74
Stat. 82.)
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 Pub. L. 86–443. See section 426l of this title.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 426 of this title.

§ 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

Page 431

§ 426m

TITLE 16—CONSERVATION

may from time to time be erected by proper authority.
(Mar. 3, 1927, ch. 374, § 8, 44 Stat. 1400; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)

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 Pub. L.
86–443. See section 426l of this title.

TRANSFER OF FUNCTIONS

TRANSFER OF FUNCTIONS

Transfer of administrative functions of park, see note
set out under section 426 of this title.

Transfer of administrative functions of park, see note
set out under section 426 of this title.

§ 426h. Ascertaining and marking lines of battle

§ 426j. Authorization of appropriation; fixing of
boundaries as condition to purchase of lands

It shall be lawful for the authorities of any
State having troops engaged in the battle of
Stones River to enter upon the lands and approaches of the Stones River National Battlefield for the purpose of ascertaining and marking the lines of battle of troops engaged therein:
Provided, That before any such lines are permanently designated, the position of the lines and
the proposed methods of marking them by
monuments, tablets, or otherwise shall be submitted to the Secretary of the Interior, and
shall first receive the written approval of the
Secretary.
(Mar. 3, 1927, ch. 374, § 9, 44 Stat. 1401; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933; Pub. L. 86–443, § 2, Apr. 22, 1960, 74
Stat. 82.)
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 Pub. L. 86–443. See
section 426l of this title.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 426 of this title.

§ 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, 44 Stat. 1401; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933; Pub. L. 86–443, § 2, Apr. 22, 1960, 74
Stat. 82.)

The sum of $100,000, or so much thereof as may
be necessary, is authorized to be appropriated,
out of any moneys in the Treasury not otherwise appropriated, to be expended for the purposes of sections 426 to 426j of this title: Provided, That no obligation for the purchase of
lands shall be incurred until the commission has
fixed the boundaries of said battlefield.
(Mar. 3, 1927, ch. 374, § 11, 44 Stat. 1401; Pub. L.
86–443, § 2, Apr. 22, 1960, 74 Stat. 82.)
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 Pub. L.
86–443. See section 426l of this title.

§ 426k. Acquisition of additional lands
In furtherance of the purposes of sections 426
to 426j of this title, authorizing establishment of
the Stones River National Battlefield, the Secretary of the Interior is authorized to acquire by
such means as he may deem to be in the public
interest, for inclusion in the Stones River National Battlefield, such additional lands and interests in lands, not to exceed seven acres, as in
the discretion of the Secretary are necessary for
the preservation and interpretation of the battlefield of Stones River, Tennessee.
(Pub. L. 86–443, §§ 1, 2, Apr. 22, 1960, 74 Stat. 82.)
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 Pub. L. 86–443. See
section 426l of this title.

§ 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.
(Pub. L. 86–443, § 2, Apr. 22, 1960, 74 Stat. 82.)
§ 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 sections 1, 2, 3, and 4 of this title, as amended.
(Pub. L. 86–443, § 3, Apr. 22, 1960, 74 Stat. 82.)

§ 426n

TITLE 16—CONSERVATION

§ 426n. Boundary revision of Stones River National Battlefield
(a) Expansion of Stones River National Battlefield
In furtherance of sections 426 to 426j of this
title, the boundary of Stones River National
Battlefield (hereinafter referred to as ‘‘battlefield’’) is hereby revised to include the lands
generally depicted on the map entitled ‘‘Boundary Map, Stones River National Battlefield’’
numbered 327/80,004B, and dated November 1991.
The map shall be on file and available for public
inspection in the offices of the National Park
Service, Department of the Interior and in the
office of the Superintendent of the Stones River
National Battlefield.
(b) Acquisition of lands
(1) The Secretary of the Interior (hereinafter
referred to as ‘‘Secretary’’) is hereby authorized
to acquire lands or interests therein within the
boundary of the battlefield by donation, purchase with donated or appropriated funds, or exchange. Any lands or interests in lands owned by
the State of Tennessee or any political subdivision thereof may be acquired only by donation.
Lands and interests therein acquired pursuant
to sections 426n to 426p of this title shall become
part of the battlefield, subject to all the laws
and regulations applicable thereto.
(2)(A) Before acquiring any lands under sections 426n to 426p of this title where the surface
of such lands has been substantially disturbed or
which are believed by the Secretary to contain
hazardous substances, the Secretary shall prepare a report on the potential hazardous substances associated with such lands and the estimated cost of restoring such lands, together
with a plan of the remedial measures necessary
to allow acquisition of such lands to proceed in
a timely manner, consistent with the requirements of subparagraph (B). The Secretary shall
submit such report to the Committee on Energy
and Natural Resources of the United States Senate and the Committee on Natural Resources of
the United States House of Representatives.
(B) The Secretary shall not acquire any lands
under sections 426n to 426p of this title if the
Secretary determines that such lands, or any
portion thereof, have become contaminated with
hazardous substances (as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601)).
(3)(A) Except for property which the Secretary
determines to be necessary for the purposes of
administration, development, access, or public
use, an owner of improved property which is
used solely for noncommercial residential purposes on the date of its acquisition by the Secretary may retain, as a condition of such acquisition, a right of use and occupancy of the property for such residential purposes. The right retained may be for a definite term which shall
not exceed 25 years or, in lieu thereof, for a term
ending at the death of the owner or the death of
the spouse, whichever is later. The owner shall
elect the term to be retained. The Secretary
shall pay the owner the fair market value of the
property on the date of such acquisition, less the
fair market value of the term retained by the
owner.

Page 432

(B) Any right of use and occupancy retained
pursuant to this section may, during its existence, be conveyed or transferred, but all rights
of use and occupancy shall be subject to such
terms and conditions as the Secretary deems appropriate to assure the use of the property in accordance with the purposes of sections 426n to
426p of this title. Upon his determination that
the property, or any portion thereof, has ceased
to be so used in accordance with such terms and
conditions, the Secretary may terminate the
right of use and occupancy by tendering to the
holder of such right an amount equal to the fair
market value, as of the date of the tender, of
that portion of the right which remains unexpired on the date of termination.
(C) This paragraph applies only to owners who
have reached the age of majority.
(D) As used in this paragraph, the term ‘‘improved property’’ means a detached, year-round
noncommercial residential dwelling, the construction of which was begun before December
11, 1991, together with so much of the land on
which the dwelling is situated, such land being
in the same ownership as the dwelling, as the
Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the
sole purpose of noncommercial residential use,
together with any structures accessory to the
dwelling which are situated on the land so designated.
(Pub. L. 100–205, § 1, Dec. 23, 1987, 101 Stat. 1433;
Pub. L. 102–225, § 1(1), (2), Dec. 11, 1991, 105 Stat.
1682; Pub. L. 103–437, § 6(d)(15), Nov. 2, 1994, 108
Stat. 4584.)
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, Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as
amended, which is classified principally to chapter 103
(§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 9601 of
Title 42 and Tables.
AMENDMENTS
1994—Subsec. (b)(2)(A). Pub. L. 103–437 substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
after ‘‘Committee on’’.
1991—Subsec. (a). Pub. L. 102–225, § 1(1), substituted
‘‘numbered 327/80,004B, and dated November 1991’’ for
‘‘numbered 327/80,001, and dated March 1987’’.
Subsec. (b). Pub. L. 102–225, § 1(2), designated existing
provisions as par. (1) and added pars. (2) and (3).

§ 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

Page 433

§ 428

TITLE 16—CONSERVATION

and for the construction of the trail, and (B)
provide technical assistance to the city and to
Rutherford County for the purpose of development and planning of the trail.
(2) The Secretary shall agree to accept the
transfer by donation from the city of the remnants of Fortress Rosecrans at Old Fort Park,
and following such transfer, to preserve and
interpret the fortress as part of the battlefield.
(3) In administering the Fortress Rosecrans,
the Secretary is authorized to enter a cooperative agreement with the city of Murfreesboro,
Tennessee, for the rendering, on a nonreimbursable basis, of rescue, firefighting, and law
enforcement services and cooperative assistance by nearby law enforcement and fire preventive agencies.
(Pub. L. 100–205, § 2, Dec. 23, 1987, 101 Stat. 1433;
Pub. L. 102–225, § 1(3), Dec. 11, 1991, 105 Stat.
1683.)
AMENDMENTS
1991—Pub. L. 102–225 amended section generally. Prior
to amendment, section read as follows: ‘‘The Secretary
is authorized to enter into an agreement with the city
of Murfreesboro, Tennessee, under which (1) the Secretary shall acquire sufficient interest in land and shall
construct thereon a trail linking the battlefield with
Fortress Rosecrans, (2) the city shall operate and maintain the trail in accordance with standards approved by
the Secretary, and (3) the Secretary shall preserve the
existing remnants of Fortress Rosecrans and the city
shall operate and maintain the fortress.’’

§ 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 section 426n of this
title, the Secretary may, following timely 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 and providing an opportunity for public comment, make such minor revisions by publication of a revised boundary
map or other description in the Federal Register.
(Pub. L. 100–205, § 3, as added Pub. L. 102–225,
§ 1(4), Dec. 11, 1991, 105 Stat. 1683; amended Pub.
L. 103–437, § 6(d)(15), Nov. 2, 1994, 108 Stat. 4584.)

PRIOR PROVISIONS
A prior section 3 of Pub. L. 100–205 was renumbered
section 4 and is classified to section 426p of this title.
AMENDMENTS
1994—Subsec. (d). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.

§ 426p. Authorization of appropriations
There is hereby authorized to be appropriated
such sums as may be necessary to carry out the
purposes of sections 426n to 426p of this title.
(Pub. L. 100–205, § 4, formerly § 3, Dec. 23, 1987, 101
Stat. 1433; renumbered § 4, Pub. L. 102–225, § 1(4),
Dec. 11, 1991, 105 Stat. 1683.)
§ 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, 44 Stat. 251.)
§ 427a. Omitted
CODIFICATION
Section, act Apr. 14, 1926, ch. 138, § 2, 44 Stat. 251,
made appropriation of $2,500 for carrying out of provisions of section 427 of this title.

§ 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, 45 Stat. 367; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933; Pub. L. 86–738, § 5, Sept. 8, 1960, 74
Stat. 876.)
CHANGE OF NAME
‘‘Fort Donelson National Military Park’’ redesignated ‘‘Fort Donelson National Battlefield’’ by Pub. L.
86–738, § 4. See section 428n of this title.
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–367, § 1, Oct. 25, 2004, 118 Stat. 1743, provided that: ‘‘This Act [enacting sections 428p to 428p–2
of this title and amending section 428k of this title]
may be cited as the ‘Fort Donelson National Battlefield
Expansion Act of 2004’.’’
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

§ 428a

TITLE 16—CONSERVATION

under section 901 of Title 5, Government Organization
and Employees. Administrative functions of Fort
Donelson National Battlefield assigned to Department
of the Interior by section 5 of Pub. L. 86–738, set out as
section 428o of this title.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, § 2, by act Mar. 2, 1934, ch. 38, § 1, 48
Stat. 389.

§ 428a. Qualifications of members of commission
In appointing the members of the commission
created by section 428 of this title the Secretary
of the Interior shall, as far as practicable, select
persons familiar with the terrain of the battlefield of Fort Donelson, Tennessee, and the historical events associated therewith.
(Mar. 26, 1928, ch. 248, § 2, 45 Stat. 367; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933; Pub. L. 86–738, § 5, Sept. 8, 1960, 74
Stat. 876.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 428 of this title.

§ 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, 45 Stat. 367; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933; Pub. L. 86–738, § 5, Sept. 8, 1960, 74
Stat. 876.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 428 of this title.

§ 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, 45 Stat. 367; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933; Pub. L. 86–738, § 5, Sept. 8, 1960, 74
Stat. 876.)
REFERENCES IN TEXT
Herein, referred to in text, means act Mar. 26, 1928,
which is classified to sections 428 to 428d and 428e to
428i of this title. For complete classification of this Act
to the Code, see Tables.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 428 of this title.

Page 434

§ 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, 45 Stat. 368; Feb. 18,
1930, ch. 49, 46 Stat. 69; Ex. Ord. No. 6166, § 2,
June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933;
Pub. L. 86–738, §§ 4, 5, Sept. 8, 1960, 74 Stat. 876.)
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 Pub. L. 86–738. See section 428n of this title.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 428 of this title.

§ 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 south-

Page 435

§ 428d–3

TITLE 16—CONSERVATION

erly 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 ninetenths feet, thence south sixty-three degrees
fifty-three minutes west two hundred and sixtytwo and three-tenths feet, thence south thirtynine 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 twentyeight 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 thirtytwo 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 lowwater 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 twentythree feet to an iron pin, thence south fifty-five
degrees fifty-five minutes east three hundred
and seven and five-tenths feet to an iron pin,
thence south forty degrees five minutes west
three hundred and ten and five-tenths feet to beginning.

(Aug. 30, 1937, ch. 888, § 1, 50 Stat. 881; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L.
86–738, § 4, Sept. 8, 1960, 74 Stat. 876.)
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, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
‘‘Fort Donelson National Battlefield’’ and ‘‘battlefield’’ substituted in text for ‘‘Fort Donelson National
Military Park’’ and ‘‘park’’, respectively, in view of redesignation of Fort Donelson National Military Park as
Fort Donelson National Battlefield by Pub. L. 86–738.
See section 428n of this title.

§ 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 section 428d–1 of this title, and donations of funds for the purchase or maintenance
thereof, the title and evidence of title to lands
acquired to be satisfactory to the Secretary of
the Interior: Provided, That he may acquire on
behalf of the United States out of any donated
funds, by purchase at prices deemed by him reasonable or by condemnation, such tracts of land
within a distance of one mile from the boundaries of the said national battlefield as may be
necessary for the completion thereof. Upon the
acquisition of such land, the same shall become
a part of the Fort Donelson National Battlefield
and shall be subject to the laws and rules and
regulations applicable to said battlefield.
(Aug. 30, 1937, ch. 888, § 2, 50 Stat. 882; Pub. L.
86–738, § 4, Sept. 8, 1960, 74 Stat. 876.)
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 Pub. L. 86–738. See
section 428n of this title.

§ 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 sections 1, 2, 3, and 4 of this title, as amended.
(Aug. 30, 1937, ch. 888, § 3, 50 Stat. 883; Pub. L.
86–738, § 4, Sept. 8, 1960, 74 Stat. 876.)
CHANGE OF NAME
‘‘Fort Donelson National Battlefield’’ substituted in
text for ‘‘Fort Donelson National Military Park’’ in
view of redesignation of Fort Donelson National Mili-

§ 428e

TITLE 16—CONSERVATION

tary Park as Fort Donelson National Battlefield by
Pub. L. 86–738. See section 428n of this title.

§ 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 sections 428 to
428d and 428e to 428i of this title, together with
the area already inclosed within the national
cemetery at the battle field of Fort Donelson,
are declared to be a national battlefield, to be
known as the Fort Donelson National Battlefield.
(Mar. 26, 1928, ch. 248, § 6, 45 Stat. 368; Pub. L.
86–738, § 4, Sept. 8, 1960, 74 Stat. 876.)
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 Pub. L. 86–738.
See section 428n of this title.

§ 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, 45 Stat. 368; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933; Pub. L. 86–738, §§ 4, 5, Sept. 8, 1960,
74 Stat. 876.)
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 Pub. L. 86–738.
See section 428n of this title.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 428 of this title.

§ 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, 45 Stat. 368; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,

Page 436

July 28, 1933; Pub. L. 86–738, § 5, Sept. 8, 1960, 74
Stat. 876.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 428 of this title.

§ 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, 45 Stat. 368; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933; Pub. L. 86–738, §§ 4, 5, Sept. 8, 1960,
74 Stat. 876.)
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
Pub. L. 86–738. See section 428n of this title.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 428 of this title.

§ 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, 45 Stat. 368; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933; Pub. L. 86–738, §§ 4, 5, Sept. 8, 1960,
74 Stat. 876.)
CHANGE OF NAME
‘‘Battlefield’’ substituted for ‘‘park’’ wherever appearing in text in view of redesignation of Fort

Page 437

§ 428p

TITLE 16—CONSERVATION

Donelson National Military Park as Fort Donelson National Battlefield by Pub. L. 86–738. See section 428n of
this title.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 428 of this title.

§ 428j. Omitted
CODIFICATION
Section, act Mar. 26, 1928, ch. 248, § 11, 45 Stat. 369, appropriated $50,000 to be expended for purposes of sections 428 to 428d, 428e to 428i of this title.

§ 428k. Addition of lands
In furtherance of the purposes of sections 428
to 428d and 428e to 428i of this title and to facilitate an appropriate observance of the one hundredth anniversary of the Battle of Fort
Donelson, the Secretary of the Interior is authorized to designate for addition to the present
Fort Donelson National Battlefield such lands
and interests in lands adjacent to said battlefield as in his discretion are necessary to preserve and interpret this historic battleground,
including the nearby historic Surrender House
and the land upon which it is situated on Spring
Street in the town of Dover, Tennessee.
(Pub. L. 86–738, §§ 1, 4, Sept. 8, 1960, 74 Stat. 875,
876; Pub. L. 108–367, § 6, Oct. 25, 2004, 118 Stat.
1745.)
AMENDMENTS
2004—Pub. L. 108–367 substituted ‘‘Tennessee’’ for
‘‘Tennessee, but the total area commemorating the
battle of Fort Donelson shall not exceed 600 acres’’.
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 Pub. L. 86–738,
§ 4, set out as section 428n of this title.

§ 428l. Acquisition of lands; agreement for transfer of jurisdiction
Within the area designated for addition to
such battlefield under section 428k of this title,
the Secretary is authorized to acquire non-Federal lands and interests in lands by purchase, by
donation, by purchase with donated funds, or in
such other manner and by such means as he may
deem to be in the public interest, except that
the Surrender House and land upon which it is
situated shall be acquired only by donation or
by purchase with donated funds. Administrative
jurisdiction and control over lands administered
by the Corps of Engineers, Department of the
Army, above contour elevation 369 and which,
under authority of section 428k of this title, are
designated for inclusion in the battlefield, shall,
upon agreement of the administering agency, be
transferred to the Secretary of the Interior
without a transfer of funds.
(Pub. L. 86–738, §§ 2, 4, Sept. 8, 1960, 74 Stat. 876.)
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 Pub. L.
86–738, § 4, set out as section 428n of this title.

§ 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 sections 428k to 428o of this title.
(Pub. L. 86–738, § 3, Sept. 8, 1960, 74 Stat. 876; Pub.
L. 92–272, title I, § 101(5), Apr. 11, 1972, 86 Stat.
120.)
AMENDMENTS
1972—Pub. L. 92–272 increased authorization of appropriations from a sum not to exceed $226,000 to a sum
not to exceed $454,000.

§ 428n. Change in name to Fort Donelson National Battlefield
Upon acquisition of the additional lands pursuant to authority contained in sections 428k to
428o of this title, the Fort Donelson National
Military Park shall be redesignated by the Secretary of the Interior as the Fort Donelson National Battlefield, notice thereof shall be published in the Federal Register, and any remaining balance of funds appropriated for purposes of
the Fort Donelson National Military Park shall
be available for the purposes of the Fort
Donelson National Battlefield.
(Pub. L. 86–738, § 4, Sept. 8, 1960, 74 Stat. 876.)
§ 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 sections 1, 2, 3, and 4 of this title, as amended.
(Pub. L. 86–738, § 5, Sept. 8, 1960, 74 Stat. 876.)
§ 428p. Fort Donelson National Battlefield
(a) Designation; purpose
There exists as a unit of the National Park
System the Fort Donelson National Battlefield
to commemorate—
(1) the Battle of Fort Donelson in February
1862; and
(2) the campaign conducted by General Ulysses S. Grant and Admiral Andrew H. Foote
that resulted in the capture of Fort Donelson
by Union forces.
(b) Boundaries
The boundary of the Fort Donelson National
Battlefield is revised to include the site of Fort
Donelson and associated land that has been acquired by the Secretary of the Interior for administration by the National Park Service, including Fort Donelson National Cemetery, in
Stewart County, Tennessee and the site of Fort
Heiman and associated land in Calloway County,
Kentucky, as generally depicted on the map entitled ‘‘Fort Donelson National Battlefield
Boundary Adjustment’’ numbered 328/80024, and
dated September 2003. The map shall be on file
and available for public inspection in the appropriate offices of the National Park Service.
(c) Expansion of boundaries
The Fort Donelson National Battlefield shall
also include any land acquired pursuant to section 428p–1 of this title.

§ 428p–1

TITLE 16—CONSERVATION

(Pub. L. 108–367, § 2, Oct. 25, 2004, 118 Stat. 1743.)
§ 428p–1. Land acquisition related
Donelson National Battlefield

to

Fort

(a) Acquisition authority
Subject to subsections (b) and (c) of this section, the Secretary of the Interior may acquire
land, interests in land, and improvements thereon for inclusion in the Fort Donelson National
Battlefield. Such land, interests in land, and improvements may be acquired by the Secretary
only by purchase from willing sellers with appropriated or donated funds, by donation, or by
exchange with willing owners.
(b) Land eligible for acquisition
The Secretary of the Interior may acquire
land, interests in land, and improvements thereon under subsection (a) of this section—
(1) within the boundaries of the Fort
Donelson National Battlefield described in section 428p(b) of this title; and
(2) outside such boundaries if the land has
been identified by the American Battlefield
Protection Program as part of the battlefield
associated with Fort Donelson or if the Secretary otherwise determines that acquisition
under subsection (a) of this section will protect critical resources associated with the
Battle of Fort Donelson in 1862 and the Union
campaign that resulted in the capture of Fort
Donelson.
(c) Boundary revision
Upon acquisition of land or interests in land
described in subsection (b)(2) of this section, the
Secretary of the Interior shall revise the boundaries of the Fort Donelson National Battlefield
to include the acquired property.
(d) Limitation on total acreage of park
The total area encompassed by the Fort
Donelson National Battlefield may not exceed
2,000 acres.
(Pub. L. 108–367, § 3, Oct. 25, 2004, 118 Stat. 1743.)
§ 428p–2. Administration of Fort Donelson National Battlefield
The Secretary of the Interior shall administer
the Fort Donelson National Battlefield in accordance with sections 428p to 428p–2 of this title
and the laws generally applicable to units of the
National Park System, including sections 1, 2, 3,
and 4 of this title and sections 461 to 467 of this
title.
(Pub. L. 108–367, § 4, Oct. 25, 2004, 118 Stat. 1744.)

Page 438

Mississippi, the Secretary of the Interior is authorized and directed to (1) acquire not to exceed one acre of land, free of cost to the United
States, at each of the above-named battle fields,
(2) fence each parcel of land so acquired, (3)
build an approach to each such parcel of land,
and (4) erect a suitable marker on each such parcel of land.
(Feb. 21, 1929, ch. 289, § 1, 45 Stat. 1254; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
‘‘Secretary of the Interior’’ substituted in text for
‘‘Secretary of War’’ pursuant to Reorg. Plan No. 3 of
1950, §§ 1, 2; Ex. Ord. No. 6166, § 2; and Ex. Ord. No. 6228,
§ 1. See below.
Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15
F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title
5, Government Organization and Employees, transferred the functions of other officers, employees, and
agencies of the Department of the Interior, with certain exceptions, to the Secretary of the Interior, with
power to delegate.
Ex. Ord. No. 6166, § 2, and Ex. Ord. No. 6228, § 1, set out
as a note under section 901 of Title 5, transferred the
administrative functions of Brices Cross Roads and Tupelo battlefield sites to the Department of the Interior.

§ 429a. Jurisdiction and control; authorization of
annual appropriation
Each parcel of land acquired under section 429
of this title shall be under the jurisdiction and
control of the Secretary of the Interior, and
there is authorized to be appropriated for the
maintenance of each such parcel of land, fence,
approach, and marker a sum not to exceed $250
per annum.
(Feb. 21, 1929, ch. 289, § 3, 45 Stat. 1254; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
‘‘Secretary of the Interior’’ substituted in text for
‘‘Secretary of War’’ pursuant to Reorg. Plan No. 3 of
1950, §§ 1, 2; Ex. Ord. No. 6166, § 2; and Ex. Ord. No. 6228,
§ 1. See below.
Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15
F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title
5, Government Organization and Employees, transferred the functions of other officers, employees, and
agencies of the Department of the Interior, with certain exceptions, to the Secretary of the Interior, with
power to delegate.
Ex. Ord. No. 6166, § 2, and Ex. Ord. No. 6228, § 1, set out
as a note under section 901 of Title 5, transferred the
administrative functions of Brices Cross Roads and Tupelo battlefield sites to the Department of the Interior.

REFERENCES IN TEXT

§ 429a–1. Tupelo National Battlefield; acquisition
of additional lands

Sections 428p to 428p–2 of this title, referred to in
text, was in the original ‘‘this Act’’, meaning Pub. L.
108–367, Oct. 25, 2004, 118 Stat. 1743, which enacted this
section and sections 428p and 428p–1 of this title,
amended section 428k of this title, and enacted provisions set out as a note under section 428 of this title.
For complete classification of this Act to the Code, see
Short Title of 2004 Amendment note set out under section 428 of this title and Tables.

To further the purposes of sections 429 and
429a of this title, the Secretary of the Interior
may acquire by donation or with donated funds
not to exceed one-half acre of land and interests
in land for addition to the adjoining Tupelo National Battlefield site.

§ 429. Brices Cross Roads and Tupelo battlefields
in Mississippi; establishment

§ 429a–2. Change in name to Tupelo National Battlefield; administration

For the purpose of commemorating the battles
of Brices Cross Roads, Mississippi, and Tupelo,

The Tupelo National Battlefield site is redesignated the Tupelo National Battlefield which

(Pub. L. 87–133, § 1, Aug. 10, 1961, 75 Stat. 336.)

Page 439

§ 429b

TITLE 16—CONSERVATION

shall continue to be administered pursuant to
sections 1, 2, 3, and 4 of this title, as amended
and supplemented.
(Pub. L. 87–133, § 2, Aug. 10, 1961, 75 Stat. 336.)
§ 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 section 460l–9(c) of this title,
the Secretary may not make any changes in the
boundaries of the park. The Secretary shall administer the park in accordance with laws,
rules, and regulations applicable to the national
park system.
(b) Addition to park
(1) In addition to subsection (a) of this section,
the boundaries of the park shall include the
area, comprising approximately 600 acres, which
is south of U.S. Route 29, north of Interstate
Route 66, east of Route 705, and west of Route
622. Such area shall hereafter in sections 429b to
429b–5 of this title be referred to as the ‘‘Addition’’.
(2)(A) Notwithstanding any other provision of
law, effective on November 10, 1988, there is
hereby vested in the United States all right,
title, and interest in and to, and the right to immediate possession of, all the real property
within the Addition.
(B) The United States shall pay just compensation to the owners of any property taken
pursuant to this paragraph and the full faith and
credit of the United States is hereby pledged to
the payment of any judgment entered against
the United States with respect to the taking of
such property. Payment shall be in the amount
of the agreed negotiated value of such property
or the valuation of such property awarded by
judgment and shall be made from the permanent
judgment appropriation established pursuant to
31 U.S.C. 1304. Such payment shall include interest on the value of such property which shall be
compounded quarterly and computed at the rate
applicable for the period involved, as determined
by the Secretary of the Treasury on the basis of
the current average market yield on outstanding marketable obligations of the United States
of comparable maturities from November 10,
1988, to the last day of the month preceding the
date on which payment is made.
(C) In the absence of a negotiated settlement,
or an action by the owner, within 1 year after

November 10, 1988, the Secretary may initiate a
proceeding at anytime seeking in a court of
competent jurisdiction a determination of just
compensation with respect to the taking of such
property.
(3) Not later than 6 months after November 10,
1988, the Secretary shall publish in the Federal
Register a detailed description and map depicting the boundaries of the Addition. The map
shall be on file and available for public inspection in the offices of the National Park Service,
Department of the Interior.
(c) Use of addition
The Secretary shall not allow any unauthorized use of the Addition after November 10, 1988,
except that the Secretary may permit the orderly termination of all operations on the Addition and the removal of equipment, facilities,
and personal property from the Addition.
(Apr. 17, 1954, ch. 153, § 1, 68 Stat. 56, as renumbered and amended Pub. L. 96–442, § 2, Oct. 13,
1980, 94 Stat. 1885; Pub. L. 100–647, title X, § 10002,
Nov. 10, 1988, 102 Stat. 3810.)
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, Pub. L.
96–442, which was approved Oct. 13, 1980.
AMENDMENTS
1988—Pub. L. 100–647 designated existing provisions as
subsec. (a) and added subsecs. (b) and (c).
1980—Pub. L. 96–442 substituted a referenced map for
specific boundaries, limited the expanded battlefield
park to 4,525 acres, included the park in the National
Park System, required the Secretary to publish more
detailed map, prohibited the Secretary from making
boundary adjustments and required him to administer
the Park in accordance with the laws and regulations
applicable to the National Park System.
SHORT TITLE OF 1988 AMENDMENT
Section 10001 of title X of Pub. L. 100–647 provided
that: ‘‘This title [amending this section and section
429b–1 of this title and enacting provisions set out as a
note below] may be cited as the ‘Manassas National
Battlefield Park Amendments of 1988’.’’
SHORT TITLE
Section 1 of Pub. L. 96–442 provided: ‘‘That this Act
[enacting sections 429b–1 to 429b–5 of this title, amending this section, and enacting provisions set out as a
note under section 460cc of this title] may be cited as
the ‘Manassas National Battlefield Park Amendments
of 1980’.’’
HIGHWAY RELOCATION
Section 10004 of Pub. L. 100–647 provided that:
‘‘(a) STUDY.—The Secretary of the Interior (hereafter
in this section referred to as the ‘Secretary’), in consultation and consensus with the Commonwealth of
Virginia, the Federal Highway Administration, and
Prince William County, shall conduct a study regarding
the relocation of highways (known as routes 29 and 234)
in, and in the vicinity of, the Manassas National Battlefield Park (hereinafter in this section referred to as
the ‘park’). The study shall include an assessment of
the available alternatives, together with cost estimates
and recommendations regarding preferred options. The
study shall specifically consider and develop plans for
the closing of those public highways (known as routes
29 and 234) that transect the park and shall include

§ 429b–1

TITLE 16—CONSERVATION

analysis of the timing and method of such closures and
of means to provide alternative routes for traffic now
transecting the park. The Secretary shall provide for
extensive public involvement in the preparation of the
study.
‘‘(b) DETERMINATION.—Within 1 year after the enactment of this Act [Nov. 10, 1988], the Secretary shall
complete the study under subsection (a). The study
shall determine when and how the highways (known as
routes 29 and 234) should be closed.
‘‘(c) ASSISTANCE.—The Secretary shall provide funds
to the appropriate construction agency for the construction and improvement of the highways to be used
for the rerouting of traffic now utilizing highways
(known as routes 29 and 234) to be closed pursuant to
subsection (b) if the construction and improvement of
such alternatives are deemed by the Secretary to be in
the interest of protecting the integrity of the park. Not
more than 75 percent of the costs of such construction
and improvement shall be provided by the Secretary
and at least 25 percent shall be provided by State or
local governments from any source other than Federal
funds. Such construction and improvement shall be approved by the Secretary of Transportation.
‘‘(d) AUTHORIZATION.—There is authorized to be appropriated to the Secretary not to exceed $30,000,000 to
prepare the study required by subsection (a) and to provide the funding described in subsection (c).’’

§ 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 sections 429b to 429b–5 of this title, the Secretary is
authorized to acquire by donation, purchase
with donated or appropriated funds or exchange,
any property or interests therein which are located within the boundaries of the park, except
that property owned by the Commonwealth of
Virginia or by any political subdivision thereof
may be acquired only by donation.
(2) The Secretary shall cooperate with the
Commonwealth of Virginia, the political subdivisions thereof, and other parties as designated by the Commonwealth or its political
subdivisions in order to promote and achieve
scenic preservation of views from within the
park through zoning and such other means as
the parties determine feasible.
(b) Acquisition of fee simple title with the consent of owner; hearing and review
With respect to areas within the 1954 boundaries of the park, as identified on the map referred to in section 429b of this title, the Secretary may not acquire fee simple title to such
areas without the consent of the owner so long
as the lands continue to be devoted to a use
which is the same as that in effect on September
1, 1980. Further, if the Secretary proposes to acquire fee simple title to such property because
of a change in use, the owner of such property
may seek a review of the proposed acquisition of
his or her property and is entitled to a hearing
on the record in accordance with section 554 of
title 5.
(c) Secretary authorized to make land available
for Route 234 bypass
If the Virginia Department of Highways and
Transportation determines that the proposed
Route 234 bypass should be properly located between the Virginia Electric Power Company
powerline easement and route 705, the Secretary

Page 440

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 Pub. L. 96–442,
§ 2, Oct. 13, 1980, 94 Stat. 1885; amended Pub. L.
100–647, title X, § 10003, Nov. 10, 1988, 102 Stat.
3811.)
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–647 designated existing
provisions as par. (1) and added par. (2).

§ 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 sections 429b to 429b–5 of this
title, and it shall terminate by operation of law
upon the Secretary’s notifying the holder of the
right of such determination and tendering to
him an amount equal to the fair market value of
that portion of the right which remains unexpired.
(b) Displaced person; waiver of benefits
No property owner who elects to retain a right
of use and occupancy under this section shall be
considered a displaced person as defined in section 4601(6) of title 42. Such owners shall be considered to have waived any benefits which would
otherwise accrue to them under sections 4623 to
4626 of title 42.
(Apr. 17, 1954, ch. 153, § 3, as added Pub. L. 96–442,
§ 2, Oct. 13, 1980, 94 Stat. 1886.)
§ 429b–3. Definitions
For purposes of sections 429b to 429b–5 of this
title—

Page 441

§ 430a–1

TITLE 16—CONSERVATION

(1) The term ‘‘improved property’’ means a
detached, one-family dwelling, construction of
which was begun before January 1, 1979, which
is used for noncommercial residential purposes, together with not to exceed three acres
of land on which the dwelling is situated and
together with such additional lands or interests therein as the Secretary deems to be reasonably necessary for access thereto, such
lands being in the same ownership as the
dwelling, together with any structures accessory to the dwelling which are situated on
such land.
(2) The term ‘‘park’’ means the Manassas
National Battlefield Park established under
sections 429b to 429b–5 of this title.
(3) The term ‘‘Secretary’’ means the Secretary of the Interior.
(4) The term ‘‘owner’’ means the owner of
record as of September 1, 1980.
(Apr. 17, 1954, ch. 153, § 4, as added Pub. L. 96–442,
§ 2, Oct. 13, 1980, 94 Stat. 1886.)
§ 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 [16 U.S.C. 460l–4 et
seq.], not more than a total of $8,700,000 may be
expended for the acquisition of property and interests therein under sections 429b to 429b–5 of
this title.
(b) Completion of acquisition in two years
It is the express intent of Congress that, except for property referred to in section 429b–1(b)
of this title, the Secretary shall acquire property and interests therein under sections 429b to
429b–5 of this title within two complete fiscal
years after October 13, 1980.
(Apr. 17, 1954, ch. 153, § 5, as added Pub. L. 96–442,
§ 2, Oct. 13, 1980, 94 Stat. 1886.)

make payments under sections 429b to 429b–5 of
this title shall be effective only to the extent,
and in such amounts as are provided in advance
in appropriation Acts.
(Apr. 17, 1954, ch. 153, § 6, as added Pub. L. 96–442,
§ 2, Oct. 13, 1980, 94 Stat. 1887.)
§ 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 sections 430, 430a, and 430b to 430e of this
title, is declared to be a national military park,
to be known as the Kings Mountain National
Military Park, when such land including said
battle ground, shall become the property of the
United States.
(Mar. 3, 1931, ch. 437, § 1, 46 Stat. 1508.)
§ 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 sections
3111 and 3112 of title 40, shall proceed to acquire
title to such land together with such adjacent
and contiguous lands as he may deem useful and
proper in effectually carrying out the purposes
of sections 430, 430a, and 430b of this title, either
by purchase or gift or by condemnation under
the provisions of section 3113 of title 40.
(Mar. 3, 1931, ch. 437, § 2, 46 Stat. 1508; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
CODIFICATION
‘‘Sections 3111 and 3112 of title 40’’ substituted in text
for ‘‘section 355 of the Revised Statutes’’ and ‘‘section
3113 of title 40’’ substituted in text for ‘‘the Act entitled ‘An Act to authorize condemnation of lands for
sites for public buildings, and for other purposes,’ approved August 1, 1888’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and
Works.

REFERENCES IN TEXT

TRANSFER OF FUNCTIONS

The Land and Water Conservation Fund Act of 1965,
referred to in subsec. (a), is Pub. L. 88–578, Sept. 3, 1964,
78 Stat. 897, as amended, which is classified generally
to part B (§ 460l–4 et seq.) of subchapter LXIX of this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 460l–4
of this title and Tables.

Administrative functions of Kings National Military
Park transferred to Department of the Interior by Ex.
Ord. Nos. 6166 and 6228, set out as a note under section
901 of Title 5, Government Organization and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, § 2, by act Mar. 2, 1934, ch. 38, § 1, 48
Stat. 389.

§ 429b–5. Funding limitations; contracting authority, etc.
(a) Effective date of authorizations
Authorizations of moneys to be appropriated
under sections 429b to 429b–5 of this title from
the Land and Water Conservation Fund for acquisition of properties and interests shall be effective on October 1, 1981.
(b) Authority limited by appropriations
Notwithstanding any other provision of sections 429b to 429b–5 of this title, authority to
enter into contracts, to incur obligations, or to

§ 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,

§ 430a–2

TITLE 16—CONSERVATION

containing approximately eighty acres, are included in the park; and
(3) Lands of the Mary Morris estate lying
south of the southerly right-of-way line of the
historic Yorkville-Shelbyville Road, and forming the triangle bounded by the new State Route
P–11–86, the historic Yorkville-Shelbyville Road
and the present park boundary (Old Houser
tract), aggregating approximately sixty acres,
are included in the park.
(Pub. L. 86–62, § 1, June 23, 1959, 73 Stat. 108.)
§ 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 sections 430a–1 to 430a–3 of this title.
Federally owned lands so excluded which the
Secretary of the Interior determines are not
needed for such exchanges shall be disposed of in
accordance with the provisions of chapters 1 to
11 of title 40 and division C (except sections 3302,
3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(Pub. L. 86–62, § 2, June 23, 1959, 73 Stat. 108.)
CODIFICATION
In text, ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and
4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949,
as amended’’ on authority of Pub. L. 107–217, § 5(c), Aug.
21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350,
§ 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted
Title 41, Public Contracts.

§ 430a–3. Applicability of laws and regulations to
acquired lands and interests therein
Lands and interests therein acquired pursuant
to sections 430a–1 to 430a–3 of this title shall
thereupon become a part of the Kings Mountain
National Military Park and be subject to all the
laws and regulations applicable thereto.
(Pub. L. 86–62, § 3, June 23, 1959, 73 Stat. 108.)
§ 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, 46 Stat. 1508; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 430a of this title.

§ 430c. Permits to occupy land
Upon such terms and conditions as he may
prescribe, the Secretary of the Interior is au-

Page 442

thorized to permit any person occupying any
land within the boundaries of such park to continue to occupy such land, but the Secretary
may revoke such permit at any time.
(Mar. 3, 1931, ch. 437, § 4, 46 Stat. 1508; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 430a of this title.

§ 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, 46 Stat. 1508; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 430a of this title.

§ 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, 46 Stat. 1508; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 430a of this title.

§ 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, con-

Page 443

§ 430f–2

TITLE 16—CONSERVATION

taining 3,000 acres, more or less, shall be a national military park, and shall be known as the
Shiloh National Military Park. The Secretary of
the Interior is authorized to enter into agreements whereby he may lease, upon such terms
as he may prescribe, with such persons, who
were owners or tenants of the land on December
27, 1894, as may desire to remain upon it to occupy and cultivate their then holdings upon condition that they will preserve the then buildings
and roads and the then outlines of field and forest, and that they only will cut trees or underbrush under such regulations as the Secretary
may prescribe, and that they will assist in caring for and protecting all tablets, monuments,
or such other artificial works as may from time
to time be erected by proper authority. It shall
be the duty of the Secretary of the Interior to
cause to be opened or repaired such roads as
may be necessary for the purposes of the park
and to cause to be ascertained and marked with
historical tablets or otherwise, as he may determine, all lines of battle of the troops engaged in
the battle of Shiloh and other historical points
of interest pertaining to the battle within the
park or its vicinity, and the Secretary of the Interior shall make and enforce all needed regulations for the care of the park. It shall be lawful
for any State that had troops engaged in the
battle of Shiloh to enter upon the lands of the
Shiloh National Military Park for the purpose of
ascertaining and marking the lines of battle of
its troops therein: Provided, That before any
such lines are permanently designated the position of the lines and the proposed methods of
marking them by monuments, tablets, or otherwise shall be submitted to and approved by the
Secretary of the Interior, and all such lines, designs and inscriptions for the same shall first receive the written approval of the Secretary: Provided, That no discrimination shall be made
against any State as to the manner of designating lines, but any grant made to any State by
the Secretary of the Interior may be used by any
other State.
(Dec. 27, 1894, ch. 12, 28 Stat. 597; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July
28, 1933; Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80
Stat. 637.)
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—Pub. L. 89–554 struck out provisions which required the affairs of Shiloh National Military Park to
be subject to supervision and direction of Secretary of
the Interior.
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 section
901 of Title 5, Government Organization and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, by act Mar. 2, 1934, ch. 38, § 1, 48 Stat.
389.

EXCHANGE OF LANDS
Act June 25, 1947, ch. 126, 61 Stat. 173, provided: ‘‘That
the Secretary of the Interior is authorized, in his discretion, and under such terms and conditions as he may
deem necessary, to convey, without consideration, to
W. A. Shaw and E. L. Shaw, or nominees, the followingdescribed lands within Shiloh National Military Park
in Hardin County in the State of Tennessee: Beginning
at a point from which the intersection of Shiloh National Military Park boundary between boundary corners numbered 228 and 229 with center line of Confederate Road bears south eight degrees fifty-seven minutes east, eighty and thirty-seven one-hundredths feet
(said intersection bears north eighty-eight degrees ten
minutes fourteen seconds west, one thousand one hundred and thirty-one and eighty-nine one-hundredths
feet from boundary corner numbered 228); thence north
twenty-nine degrees thirty-one minutes west, three
hundred and twenty-six feet; thence south seventy-six
degrees nineteen minutes east, three hundred and thirty-seven and fifty-four one-hundredths feet; and thence
running sixty feet from and parallel to center line of
Confederate Road south thirty-nine degrees twenty
minutes west, two hundred and sixty-three and fortysix one-hundredths feet to the point of beginning. The
tract as described contains approximately ninety-two
one-hundredths acre.
‘‘SEC. 2. For the purpose of consolidating Federal
holdings within the park, the Secretary of the Interior
is authorized, in his discretion and under such terms
and conditions as he may deem necessary, to accept
any non-Federal real or personal property within the
authorized boundaries of the park. In exchange for such
properties, he may, in his discretion, convey to the
grantors of such properties any Federally owned lands
or interests in lands within the authorized boundaries
of the park which are of approximately equal value, as
determined by the Secretary, to the properties being
acquired in each case.’’

§ 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.
(Pub. L. 85–406, § 1, May 16, 1958, 72 Stat. 114.)
§ 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.
(Pub. L. 85–406, § 2, May 16, 1958, 72 Stat. 114.)

§ 430f–3

TITLE 16—CONSERVATION

§ 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.
(Pub. L. 85–406, § 3, May 16, 1958, 72 Stat. 114.)
§ 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.
(Pub. L. 85–406, § 4, May 16, 1958, 72 Stat. 115.)

Page 444

section (b) of this section a center for the interpretation of the Siege and Battle of Corinth
and associated historical events for the benefit
of the public.
(2) Marking
The Secretary may mark sites associated
with the Siege and Battle of Corinth National
Historic Landmark, as designated on May 6,
1991, if the sites are determined by the Secretary to be protected by State or local governmental agencies.
(3) Administration
The land and interests in land acquired, and
the facilities constructed and maintained pursuant to this section, shall be administered by
the Secretary as a part of Shiloh National
Military Park, subject to the appropriate laws
(including regulations) applicable to the Park,
sections 1, 2, 3, and 4 of this title and sections
461 to 467 of this title.
(e) Authorization of appropriations
There are authorized to be appropriated
$6,000,000 for development to carry out this section.
(Pub. L. 104–333, div. I, title VI, § 602, Nov. 12,
1996, 110 Stat. 4171.)

REFERENCES IN TEXT

REFERENCES IN TEXT

Herein, referred to in text, means Pub. L. 85–406,
which is classified to sections 430f–1 to 430f–4 of this
title. For complete classification of this Act to the
Code, see Tables.

This title, referred to in subsec. (b), is title VI of div.
I of Pub. L. 104–333, which enacted this section, section
469k of this title, provisions set out as a note under section 1a–5 of this title, and provisions listed in a table
of National Battlefield Sites set out under section 461
of this title.

§ 430f–5. Siege and Battle of Corinth
(a) Purpose
The purpose of this section is to provide for a
center for the interpretation of the Siege and
Battle of Corinth and other Civil War actions in
the Region and to enhance public understanding
of the significance of the Corinth Campaign in
the Civil War relative to the Western theater of
operations, in cooperation with State or local
governmental entities and private organizations
and individuals.
(b) Acquisition of property at Corinth, Mississippi
The Secretary of the Interior (referred to in
this title 1 as the ‘‘Secretary’’) shall acquire by
donation, purchase with donated or appropriated
funds, or exchange, such land and interests in
land in the vicinity of the Corinth Battlefield, in
the State of Mississippi, as the Secretary determines to be necessary for the construction of an
interpretive center to commemorate and interpret the 1862 Civil War Siege and Battle of Corinth.
(c) Publicly owned land
Land and interests in land owned by the State
of Mississippi or a political subdivision of the
State of Mississippi may be acquired only by donation.
(d) Interpretive center and marking
(1) Interpretive center
The Secretary shall construct, operate, and
maintain on the property acquired under sub1 See

References in Text note below.

§ 430f–6. Corinth Unit of the Shiloh National Military Park; findings and purposes
(a) Findings
Congress finds that—
(1) in 1996, Congress authorized the establishment and construction of a center—
(A) to facilitate the interpretation of the
Siege and Battle of Corinth and other Civil
War actions in the area in and around the
city of Corinth, Mississippi; and
(B) to enhance public understanding of the
significance of the Corinth campaign and the
Civil War relative to the western theater of
operations, in cooperation with—
(i) State or local governmental entities;
(ii) private organizations; and
(iii) individuals;
(2) the Corinth Battlefield was ranked as a
priority 1 battlefield having critical need for
coordinated nationwide action by the year 2000
by the Civil War Sites Advisory Commission
in its report on Civil War Battlefields of the
United States;
(3) there is a national interest in protecting
and preserving sites of historic significance associated with the Civil War; and
(4) the States of Mississippi and Tennessee
and their respective local units of government—
(A) have the authority to prevent or minimize adverse uses of these historic resources; and
(B) can play a significant role in the protection of the historic resources related to

Page 445

§ 430f–10

TITLE 16—CONSERVATION

the Civil War battles fought in the area in
and around the city of Corinth.
(b) Purposes
The purposes of sections 430f–6 to 430f–12 of
this title are—
(1) to establish the Corinth Unit of the Shiloh National Military Park—
(A) in the city of Corinth, Mississippi; and
(B) in the State of Tennessee;
(2) to direct the Secretary of the Interior to
manage, protect, and interpret the resources
associated with the Civil War Siege and the
Battle of Corinth that occurred in and around
the city of Corinth, in cooperation with—
(A) the State of Mississippi;
(B) the State of Tennessee;
(C) the city of Corinth, Mississippi;
(D) other public entities; and
(E) the private sector; and
(3) to authorize a special resource study to
identify other Civil War sites in and around
the city of Corinth that—
(A) are consistent with the themes of the
Siege and Battle of Corinth;
(B) meet the criteria for designation as a
unit of the National Park System; and
(C) are considered appropriate for inclusion in the Unit.
(Pub. L. 106–271, § 2, Sept. 22, 2000, 114 Stat. 792.)
SHORT TITLE
Pub. L. 106–271, § 1, Sept. 22, 2000, 114 Stat. 792, provided that: ‘‘This Act [enacting this section and sections 430f–7 to 430f–12 of this title] may be cited as the
‘Corinth Battlefield Preservation Act of 2000’.’’

§ 430f–7. Definitions
In sections 430f–6 to 430f–12 of this title:
(1) Map
The term ‘‘Map’’ means the map entitled
‘‘Park Boundary-Corinth Unit’’, numbered
304A/80009, and dated April 2007.
(2) Park
The term ‘‘Park’’ means the Shiloh National
Military Park.
(3) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) Unit
The term ‘‘Unit’’ means the Corinth Unit of
Shiloh National Military Park established
under section 430f–8 of this title.
(Pub. L. 106–271, § 3, Sept. 22, 2000, 114 Stat. 793;
Pub. L. 110–161, div. F, title I, § 127(1), Dec. 26,
2007, 121 Stat. 2122.)
AMENDMENTS
2007—Par. (1). Pub. L. 110–161 substituted ‘‘304A/80009,
and dated April 2007’’ for ‘‘304/80,007, and dated October
1998’’.

§ 430f–8. Establishment of Unit
(a) In general
There is established in the States of Mississippi and Tennessee the Corinth Unit of the
Shiloh National Military Park.

(b) Composition of Unit
The Unit shall be comprised of—
(1) approximately 950 acres, as generally depicted on the Map; and
(2) any additional land that the Secretary
determines to be suitable for inclusion in the
Unit that—
(A) is under the ownership of a public entity or nonprofit organization; and
(B) has been identified by the Siege and
Battle of Corinth National Historic Landmark Study, dated January 8, 1991.
(c) Availability of Map
The Map shall be on file and available for public inspection in the office of the Director of the
National Park Service.
(Pub. L. 106–271, § 4, Sept. 22, 2000, 114 Stat. 793;
Pub. L. 110–161, div. F, title I, § 127(2), Dec. 26,
2007, 121 Stat. 2122.)
AMENDMENTS
2007—Subsec. (b)(1). Pub. L. 110–161 added par. (1) and
struck out former par. (1) which read as follows: ‘‘the
tract consisting of approximately 20 acres generally depicted as ‘Battery Robinett Boundary’ on the Map;
and’’.

§ 430f–9. Land acquisition
(a) In general
The Secretary may acquire land and interests
in land within the boundary of the Park described in section 430f–8(b) of this title, by—
(1) donation;
(2) purchase with donated or appropriated
funds; or
(3) exchange.
(b) Exception
Land may be acquired only by donation from—
(1) the State of Mississippi (including a political subdivision of the State);
(2) the State of Tennessee (including a political subdivision of the State); or
(3) the organization known as ‘‘Friends of
the Siege and Battle of Corinth’’.
(Pub. L. 106–271, § 5, Sept. 22, 2000, 114 Stat. 793;
Pub. L. 110–161, div. F, title I, § 127(3), Dec. 26,
2007, 121 Stat. 2122.)
AMENDMENTS
2007—Subsec. (a). Pub. L. 110–161 substituted ‘‘described in section 430f–8(b) of this title’’ for ‘‘as depicted on the Map’’ in introductory provisions.

§ 430f–10. Park management and administration
(a) In general
The Secretary shall administer the Unit in accordance with sections 430f–6 to 430f–12 of this
title and the laws generally applicable to units
of the National Park System, including—
(1) sections 1, 2, 3, and 4 of this title; and
(2) sections 461 to 467 of this title.
(b) Duties
In accordance with section 430f–5 of this title,
the Secretary shall—
(1) commemorate and interpret, for the benefit of visitors and the general public, the
Siege and Battle of Corinth and other Civil

§ 430f–11

TITLE 16—CONSERVATION

War actions in the area in and around the city
of Corinth within the larger context of the
Civil War and American history, including the
significance of the Civil War Siege and Battle
of Corinth in 1862 in relation to other operations in the western theater of the Civil War;
and
(2) identify and preserve surviving features
from the Civil War era in the area in and
around the city of Corinth, including both
military and civilian themes that include—
(A) the role of railroads in the Civil War;
(B) the story of the Corinth contraband
camp; and
(C) the development of field fortifications
as a tactic of war.
(c) Cooperative agreements
(1) In general
To carry out sections 430f–6 to 430f–12 of this
title, the Secretary may enter into cooperative agreements with entities in the public
and private sectors, including—
(A) colleges and universities;
(B) historical societies;
(C) State and local agencies; and
(D) nonprofit organizations.
(2) Technical assistance
To develop cooperative land use strategies
and conduct activities that facilitate the conservation of the historic, cultural, natural,
and scenic resources of the Unit, the Secretary
may provide technical assistance, to the extent that a recipient of technical assistance is
engaged in the protection, interpretation, or
commemoration of historically significant
Civil War resources in the area in and around
the city of Corinth, to—
(A) the State of Mississippi (including a
political subdivision of the State);
(B) the State of Tennessee (including a political subdivision of the State);
(C) a governmental entity;
(D) a nonprofit organization; and
(E) a private property owner.
(d) Resources outside the Unit
Nothing in subsection (c)(2) of this section authorizes the Secretary to own or manage any resource outside the Unit.
(Pub. L. 106–271, § 6, Sept. 22, 2000, 114 Stat. 794.)
§ 430f–11. Repealed. Pub. L. 110–161, div. F, title
I, § 127(4), Dec. 26, 2007, 121 Stat. 2122
Section, Pub. L. 106–271, § 7, Sept. 22, 2000, 114 Stat.
795, related to authorization of special resource study.

§ 430f–12. Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out sections
430f–6 to 430f–12 of this title, including $3,000,000
for the construction of an interpretive center
under section 430f–5(d) of this title.
(Pub. L. 106–271, § 7, formerly § 8, Sept. 22, 2000,
114 Stat. 796; renumbered § 7, Pub. L. 110–161, div.
F, title I, § 127(5), Dec. 26, 2007, 121 Stat. 2122.)
PRIOR PROVISIONS
A prior section 7 of Pub. L. 106–271 was classified to
section 430f–11 of this title, prior to repeal by Pub. L.
110–161.

Page 446

§ 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, 28 Stat. 651; June 4, 1897, ch.
2, § 1, 30 Stat. 44; Ex. Ord. No. 6166, § 2, June 10,
1933; Ex. Ord. No. 6228, § 1, July 28, 1933; Pub. L.
89–554, § 8(a), Sept. 6, 1966, 80 Stat. 637.)
AMENDMENTS
1966—Pub. L. 89–554 struck out provisions which required the affairs of park to be subject to supervision
and direction of Secretary of the Interior.
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 section 901 of Title 5, Government Organization
and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, by act Mar. 2, 1934, ch. 38, § 1, 48 Stat.
389.
ACQUISITION OF ADDITIONAL LANDS FOR GETTYSBURG
NATIONAL MILITARY PARK; STUDY AND REPORT
Pub. L. 100–132, § 2, Oct. 16, 1987, 101 Stat. 807, provided
that:
‘‘(a) ACQUISITION OF ADDITIONAL LANDS.—Except as
provided in section 1 of this Act [16 U.S.C. 430g–3], until
Congress receives the study under subsection (b), the
Secretary of the Interior may not acquire by purchase,
donation, exchange, or any other means any additional
land for the Gettysburg National Military Park which
is not within the boundaries of the 3,874 acre area depicted on the map dated July 25, 1974, numbered
305–92,004 and entitled ‘Gettysburg National Military
Park’.
‘‘(b) STUDY BY NATIONAL PARK SERVICE.—The Secretary of the Interior through the National Park Service shall conduct a boundary study and shall submit a
report to Congress within one year of the date of enactment of this Act [Oct. 16, 1987], with recommendations
with respect to the final development of the Gettysburg

Page 447

§ 430g–5

TITLE 16—CONSERVATION

National Military Park. In conducting the study, the
Secretary shall consult with the people of the community and their elected representatives at all levels as
well as with other interested individuals and groups.’’

§ 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 onequarter acres of federally owned land within the
park, such property constituting a right-of-way
through the Evergreen Cemetery property: Provided, That the aforesaid exchange shall be consummated only upon condition that the Secretary is satisfied that such exchange is in the
public interest and that the properties to be exchanged are of approximately equal value.
(Jan. 31, 1948, ch. 41, 62 Stat. 16.)
§ 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 twentythree acres of land in Gettysburg National Military Park, in the State of Pennsylvania, such
land lying generally between East Confederate
Avenue and Wainwright Avenue, and being situated adjacent to the present high-school property in that area. Upon the basis of such appraisals, the Secretary is authorized to convey
such property for public-school purposes to the
State of Pennsylvania, or the appropriate local
agency thereof, the conveyance to be made in
exchange for non-Federal land of approximately
equal value, which land, upon acceptance by the
United States, shall become a part of Gettysburg National Military Park.
(July 31, 1953, ch. 290, 67 Stat. 243.)
§ 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.
(Pub. L. 100–132, § 1, Oct. 16, 1987, 101 Stat. 807.)

§ 430g–4. Gettysburg National
boundary revision

Military

Park

(a) Lands included in park
In furtherance of the purposes of section 430g
of this title, the Gettysburg National Military
Park (hereafter in sections 430g–4 to 430g–10 of
this title referred to as the ‘‘park’’) shall on and
after August 17, 1990, comprise the lands and interests in lands within the boundary generally
depicted as ‘‘Park Boundary’’ on the map entitled ‘‘Gettysburg National Military Park Boundary Map’’, numbered NPS 305/80034–B, and dated
March 1990, which shall be on file and available
for public inspection in the Office of the Director of the National Park Service, Department of
the Interior.
(b) Additional land
In addition to the land identified in subsection
(a) of this section, the park shall also include
the property commonly known as the Wills
House located in the Borough of Gettysburg and
identified as Tract P02–1 on the map entitled
‘‘Gettysburg National Military Park’’ numbered
MARO 305/80,011 Segment 2, and dated April 1981,
revised May 14, 1999.
(c) Lands excluded from park
Lands and interests in lands outside of the
boundary so depicted as ‘‘Park Boundary’’ on
the maps referred to in subsections (a) and (b) of
this section are hereby excluded from the park
and shall be disposed of in accordance with the
provisions of section 430g–5(c) of this title.
(Pub. L. 101–377, § 1, Aug. 17, 1990, 104 Stat. 464;
Pub. L. 106–290, § 1, Oct. 10, 2000, 114 Stat. 921.)
AMENDMENTS
2000—Subsec. (b). Pub. L. 106–290, § 1(2), added subsec.
(b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 106–290, § 1(1), (3), redesignated
subsec. (b) as (c) and substituted ‘‘maps referred to in
subsections (a) and (b) of this section’’ for ‘‘map referred to in subsection (a) of this section’’.

§ 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 sections
430g–4 to 430g–10 of this title, the Secretary shall
acquire the minimum Federal interests necessary to achieve the objectives identified for
specific areas and the park.
(b) Authority to convey freehold and leasehold
interests within park
The Secretary may convey lands and interests
in lands within the park authorized in accordance with subsection (a) of section 460l–22 of this
title, except that, notwithstanding subsection
(d) of that section, the net proceeds from any
such conveyance may be used, subject to appropriations, to acquire lands and interests within
the park.
(c) Conveyance of lands excluded from park
(1) The Secretary is authorized, in accordance
with applicable existing law, to exchange Fed-

§ 430g–6

TITLE 16—CONSERVATION

eral lands and interests excluded from the park
pursuant to section 430g–4(c) of this title for the
purpose of acquiring lands within the park
boundary.
(2) If any such Federal lands or interests are
not exchanged within five years after August 17,
1990, the Secretary may sell any or all such
lands or interests to the highest bidder, in accordance with such regulations as the Secretary
may prescribe, but any such conveyance shall be
at not less than the fair market value of the
land or interest, as determined by the Secretary.
(3) All Federal lands and interests sold or exchanged pursuant to this subsection shall be
subject to such terms and conditions as will assure the use of the property in a manner which,
in the judgment of the Secretary, will protect
the park and the Gettysburg Battlefield Historic
District (hereafter in sections 430g–5 to 430g–10
of this title referred to as the ‘‘historic district’’). Notwithstanding any other provision of
law, the net proceeds from any such sale or exchange shall be used, subject to appropriations,
to acquire lands and interests within the park.
(d) Relinquishment of legislative jurisdiction to
Pennsylvania
With respect to any lands over which the
United States exercises exclusive or concurrent
legislative jurisdiction and which are excluded
from the park pursuant to section 430g–4(c) of
this title, the Secretary may relinquish to the
State of Pennsylvania such exclusive or concurrent legislative jurisdiction by filing with the
Governor a notice of relinquishment to take effect upon acceptance thereof, unless otherwise
provided by the laws of the State.
(Pub. L. 101–377, § 2, Aug. 17, 1990, 104 Stat. 464;
Pub. L. 106–290, § 2, Oct. 10, 2000, 114 Stat. 921.)
REFERENCES IN TEXT
Section 460l–22 of this title, referred to in subsec. (b),
was in the original ‘‘subsection (a) of the Act of July
15, 1968 (16 U.S.C. 460l–22)’’ and was translated as reading subsection (a) of section 5 of the Act of July 15, 1968
(16 U.S.C. 460l–22) to reflect the probable intent of Congress.
AMENDMENTS
2000—Subsecs. (c)(1), (d). Pub. L. 106–290 substituted
‘‘430g–4(c)’’ for ‘‘430g–4(b)’’.

§ 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 430g–4(a) of this title, or in
proximity thereto, the Secretary may, with the
consent of the owner, acquire, by donation, purchase, or exchange, lands and interests compris-

Page 448

ing such monuments and tablets together with
lands and interests necessary to provide adequate public access thereto.
(Pub. L. 101–377, § 3, Aug. 17, 1990, 104 Stat. 465.)
§ 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),1 and in providing technical assistance, information, and advice under section
101(h),1 of the National Historic Preservation
Act (16 U.S.C. 470a(d), (h)) to those programs and
activities in the historic district that will assure development and use of natural and cultural resources in a manner that is consistent
with the conservation and maintenance of the
district’s historic character.
(c) Provision of technical assistance
The Secretary may provide technical assistance to assist local governments in cooperative
efforts which complement the values of the park
and the historic district and to help landowners
prepare individual property plans which meet
landowner and conservation objectives in the
historic district.
(d) Reimbursement of planning costs
The Secretary, under such terms and conditions as the Secretary may prescribe and at the
request of any local or county government within the historic district, shall provide matching
reimbursements for up to 50 percent of the planning costs incurred by such government in the
development of comprehensive plans and land
use guidelines which are consistent with conserving the historic character of the historic
district. Reimbursements may only be provided
under this subsection to the extent or in such
amounts as are provided in appropriation Acts.
(e) Acceptance of easement donations
The Secretary, upon recommendation from
the Director of the National Park Service, in
consultation with the Advisory Commission established under section 430g–8 of this title, is authorized to accept donations of conservation
easements on land located within the historic
district.
(f) Federal consistency
(1) Any Federal or federally assisted activity
or undertaking in the historic district, shall be
consistent to the maximum extent possible with
the purposes of the preservation of the historic
district, including its rural, agricultural, and
town elements, and shall also comply with the
National Historic Preservation Act [16 U.S.C. 470
et seq.] and other applicable laws.
(2) The head of any Federal agency (hereafter
in this subsection referred to as the ‘‘agency’’)
1 See

References in Text note below.

Page 449

§ 430h

TITLE 16—CONSERVATION

having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking
in the historic district, and the head of any Federal agency having authority to license or permit any undertaking in such area, shall at the
earliest feasible date prepare a detailed analysis
of any proposed action and submit it to the Secretary.
(3) The Secretary shall review the analysis and
consult with the agency. If after such review and
consultation, the Secretary finds that the proposed action is not consistent with the purposes
identified in this subsection, the agency shall
not proceed with the action until after a justification for the action has been submitted to
the appropriate committees of Congress with
adequate time allowed for Congressional comment. Such justification shall include the following elements: the anticipated effects on the
historic and commemorative character of the
historic district, the social and economic necessity for the proposed action, all possible alternatives to the proposed action, the comparative
benefits of proposed alternative actions, and the
mitigation measures outlined in the proposed
action.
(Pub. L. 101–377, § 4, Aug. 17, 1990, 104 Stat. 465.)
REFERENCES IN TEXT
Subsections (d) and (h) of section 101 of the National
Historic Preservation Act, referred to in subsec. (b),
were redesignated as subsecs. (e) and (i), respectively,
of that section by Pub. L. 102–575, title XL, § 4006(a)(1),
Oct. 30, 1992, 106 Stat. 4755, and are classified to subsecs.
(e) and (i), respectively, of section 470a of this title.
The National Historic Preservation Act, referred to
in subsec. (f)(1), is Pub. L. 89–665, Oct. 15, 1966, 80 Stat.
915, as amended, which is classified generally to subchapter II (§ 470 et seq.) of chapter 1A of this title. For
complete classification of this Act to the Code, see section 470(a) of this title and Tables.

§ 430g–8. Advisory Commission
(a) Establishment
There is hereby established the Gettysburg
National Military Park Advisory Commission
(hereafter in sections 430g–8 to 430g–10 of this
title referred to as the ‘‘Advisory Commission’’).
The Advisory Commission shall be composed of
eleven members, as follows:
(1) One member representing each of the
local governments from the four townships
surrounding the park and the Borough of Gettysburg, appointed by the Secretary.
(2) One member representing the Adams
County, Pennsylvania government, appointed
by the Secretary.
(3) One member representing the State Historic Preservation Office of the State of Pennsylvania, appointed by the Secretary.
(4) Two members who are residents of Adams
County and who are knowledgeable about the
park and its resources, appointed by the Secretary, one of whom shall own land or interests in land within the park boundary.
(5) One member with expertise in local historic preservation, appointed by the Secretary.
(6) The Director of the National Park Service or his designee, ex officio.
Members shall be appointed for staggered terms
of three years, as designated by the Secretary at

the time of the initial appointments. Any member of the Advisory Commission appointed for a
definite term may serve after the expiration of
his term until his successor is appointed. The
Advisory Commission shall designate one of its
members as Chairperson. Six members of the
Advisory
Commission
shall
constitute
a
quorum.
(b) Management and development issues
The Secretary, or his designee, shall from
time to time, but at least semiannually, meet
and consult with the Advisory Commission to
coordinate the management of the park and the
historic district with local jurisdictions.
(c) Meetings
The Advisory Commission shall meet on a regular basis. Notice of meetings and agenda shall
be published in local newspapers which have a
distribution which generally covers the area affected by the park. Advisory Commission meetings shall be held at locations and in such a
manner as to ensure adequate public involvement.
(d) Expenses
Members of the Advisory Commission shall
serve without compensation as such, but the
Secretary may pay expenses reasonably incurred
in carrying out their responsibilities under sections 430g–4 to 430g–10 of this title on vouchers
signed by the Chairperson.
(e) Charter
The provisions of section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) are hereby
waived with respect to this Advisory Commission.
(Pub. L. 101–377, § 5, Aug. 17, 1990, 104 Stat. 466.)
REFERENCES IN TEXT
Section 14 of the Federal Advisory Committee Act,
referred to in subsec. (e), is section 14 of Pub. L. 92–463,
which is set out in the Appendix to Title 5, Government
Organization and Employees.

§ 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.
(Pub. L. 101–377, § 6, Aug. 17, 1990, 104 Stat. 467.)
§ 430g–10. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out the purposes of sections 430g–4 to 430g–10 of this title.
(Pub. L. 101–377, § 7, Aug. 17, 1990, 104 Stat. 467.)
§ 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 Vicks-

§ 430h

TITLE 16—CONSERVATION

burg, 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 writ-

Page 450

ten 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, statue, memorial
structure, tablet, or work of art that shall be
erected or placed upon the grounds of the park
by lawful authority, or shall destroy or remove
any fence, railing, inclosure, or other work intended for the protection or ornamentation of
said park, or any portion thereof, or shall destroy, cut, hack, bark, break down, or otherwise
injure any tree, bush, or shrub that may be
growing upon said park, or shall cut down or fell
or remove any timber, battle relic, tree, or trees
growing or being upon said park, or hunt within
the limits of the park, or shall remove or destroy any breastworks, earthworks, walls, or
other defenses or shelter or any part thereof
constructed by the armies formerly engaged in
the battles, on the lands or approaches to the
park, any person so offending and found guilty
thereof, before any United States magistrate
judge or court, justice of the peace of the county
in which the offense may be committed, or any
court of competent jurisdiction, shall for each
and every such offense forfeit and pay a fine in
the discretion of the said magistrate judge or
court of the United States or justice of the
peace, according to the aggravation of the offense, of not less than five nor more than five
hundred dollars, one-half for the use of the park
and the other half to the informant, to be enforced and recovered before such United States
magistrate judge or court or justice of the peace
or other court in like manner as debts of like
nature were, on February 21, 1899, by law recoverable in the several counties where the offense
may be committed.
(Feb. 21, 1899, ch. 176, 30 Stat. 841; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July
28, 1933; Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80
Stat. 638; Pub. L. 90–578, title IV, § 402(b)(2), Oct.
17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III,
§ 321, Dec. 1, 1990, 104 Stat. 5117.)
AMENDMENTS
1966—Pub. L. 89–554 struck out provisions relating to
appointment and pay of three commissioners to supervise Vicksburg National Military Park, and of a secretary.
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 Pub. L. 101–650, set out as a
note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, ‘‘magistrate’’ substituted
for ‘‘commissioner’’ pursuant to Pub. L. 90–578. See
chapter 43 (§ 631 et seq.) of Title 28.

Page 451

TITLE 16—CONSERVATION
SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107–238, § 1, Oct. 11, 2002, 116 Stat. 1486, provided that: ‘‘This Act [enacting sections 430h–10 to
430h–13 of this title] may be cited as the ‘Vicksburg National Military Park Boundary Modification Act of
2002’.’’
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 section 901 of Title 5, Government Organization and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, by act Mar. 2, 1934, ch. 38, § 1, 48 Stat.
389.

§ 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, 54 Stat. 1061.)
§ 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.
(Pub. L. 85–667, Aug. 14, 1958, 72 Stat. 617.)
§ 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

§ 430h–3

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 fiftyfour 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

§ 430h–4

TITLE 16—CONSERVATION

the subsequent transfer thereof to the State or
its appropriate political subdivisions which
shall thereupon assume jurisdiction and maintenance, as the Secretary and said officials
agree are directly attributable to the installation of the park tour road; and to transfer to
the city or county jurisdiction and maintenance of service roads which the Secretary
constructs on park lands to properties that
otherwise would be denied access because of
the installation of the park tour road.
The Secretary of the Interior shall not, without first obtaining the consent of the city and
county officials referred to in subsection (c),
convert the portion of the existing road known
as Confederate Avenue lying between Graveyard
Road and Fort Garrott into a one-way park tour
road with controlled access, or otherwise limit
the use of such portion by local traffic, until the
United States has provided for such alterations,
relocations, and construction of local roads (including procurement of rights-of-way) as the
Secretary and said officials agree are directly
attributable to the installation of such park
tour road.
(Pub. L. 88–37, § 1, June 4, 1963, 77 Stat. 55.)
§ 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.
(Pub. L. 88–37, § 2, June 4, 1963, 77 Stat. 56.)
§ 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 sections 430h–3 to
430h–5 of this title.
(Pub. L. 88–37, § 3, June 4, 1963, 77 Stat. 56; Pub.
L. 94–578, title II, § 201(8), Oct. 21, 1976, 90 Stat.
2733.)
AMENDMENTS
1976—Pub.
‘‘$2,050,000’’.

L.

94–578

substituted

‘‘$3,850,000’’

for

§ 430h–6. Addition of lands to Vicksburg National
Military Park
(a) Grant’s Canal, Louisiana
The Secretary of the Interior (hereinafter in
sections 430h–6 to 430h–9 of this title referred to
as the ‘‘Secretary’’) is authorized to acquire by
donation, exchange, or purchase with donated or
appropriated funds, approximately two and fivetenths acres of land in Madison Parish, Louisiana, known generally as the Grant’s Canal property.
(b) Warren County, Mississippi
(1) The Secretary is authorized to acquire by
donation approximately two and eighty-two
one-hundredths acres of land adjacent to the entrance of Vicksburg National Military Park
owned by Warren County, Mississippi.

Page 452

(2) The Secretary may contribute, in cash or
services, to the relocation and construction of a
maintenance facility to replace the facility located on the land to be donated, all in accordance with an agreement between the Secretary
and the Board of Supervisors.
(3) The Secretary is authorized to restore and
landscape the property acquired pursuant to this
subsection.
(c) Boundary revision
Upon acquisition of the properties referred to
in subsections (a) and (b) of this section, the
Secretary shall, after the publication of notice
in the Federal Register, revise the boundary of
Vicksburg National Military Park (hereinafter
in sections 430h–6 to 430h–9 of this title referred
to as the ‘‘park’’) to reflect the inclusion of such
properties within the park.
(Pub. L. 101–442, title I, § 101, Oct. 18, 1990, 104
Stat. 1019.)
§ 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 chapters 1 to 11 of title 40 and
division C (except sections 3302, 3307(e), 3501(b),
3509, 3906, 4710, and 4711) of subtitle I of title 41.
(Pub. L. 101–442, title I, § 102, Oct. 18, 1990, 104
Stat. 1019.)
CODIFICATION
In subsec. (c), ‘‘chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41’’ substituted for ‘‘the
Federal Property and Administrative Services Act of

Page 453

TITLE 16—CONSERVATION

§ 430i

1949, as amended’’ on authority of Pub. L. 107–217, § 5(c),
Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40,
Public Buildings, Property, and Works, and Pub. L.
111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

title as part of the Vicksburg National Military
Park in accordance with applicable laws and
regulations.

§ 430h–8. Park interpretation

§ 430h–13. Authorization of appropriations

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.

There is authorized to be appropriated such
sums as may be necessary to carry out sections
430h–10 to 430h–13 of this title.

(Pub. L. 101–442, title I, § 103, Oct. 18, 1990, 104
Stat. 1020.)
§ 430h–9. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry
out the purposes of sections 430h–6 to 430h–9 of
this title.
(Pub. L. 101–442, title I, § 104, Oct. 18, 1990, 104
Stat. 1020.)
§ 430h–10. Boundary modification
The boundary of Vicksburg National Military
Park is modified to include the property known
as Pemberton’s Headquarters, as generally depicted on the map entitled ‘‘Boundary Map,
Pemberton’s Headquarters at Vicksburg National Military Park’’, numbered 306/80015A, and
dated August, 2001. The map shall be on file and
available for inspection in the appropriate offices of the National Park Service.
(Pub. L. 107–238, § 2, Oct. 11, 2002, 116 Stat. 1486.)
§ 430h–11. Acquisition of property
(a) Pemberton’s Headquarters
The Secretary of the Interior is authorized to
acquire the properties described in section
430h–10 of this title and subsection (b) of this
section by purchase, donation, or exchange, except that each property may only be acquired
with the consent of the owner thereof.
(b) Parking
The Secretary is also authorized to acquire
not more than one acre of land, or interest
therein, adjacent to or near Pemberton’s Headquarters for the purpose of providing parking
and other facilities related to the operation of
Pemberton’s Headquarters. Upon the acquisition
of the property referenced in this subsection,
the Secretary shall add the property to Vicksburg National Military Park and shall modify
the boundaries of the park to reflect its inclusion.
(Pub. L. 107–238, § 3, Oct. 11, 2002, 116 Stat. 1486;
Pub. L. 108–352, § 15, Oct. 21, 2004, 118 Stat. 1397.)
AMENDMENTS
2004—Subsec. (b). Pub. L. 108–352 substituted ‘‘the
Secretary shall add the property’’ for ‘‘the Secretary
add it’’.

§ 430h–12. Administration
The Secretary shall administer any properties
acquired under sections 430h–10 to 430h–13 of this

(Pub. L. 107–238, § 4, Oct. 11, 2002, 116 Stat. 1486.)

(Pub. L. 107–238, § 5, Oct. 11, 2002, 116 Stat. 1487.)
§ 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

§ 430j

TITLE 16—CONSERVATION

Page 454

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, onehalf 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.

1976—Pub. L. 94–578 substituted ‘‘is declared a national battlefield to be known as the ‘Monocacy National Battlefield’ (hereinafter referred to as ‘the battlefield’). The battlefield shall comprise the area generally depicted on the drawing entitled ‘Boundary, Monocacy National Battlefield’, numbered 894–40,000 and
dated May 1976’’ for ‘‘is declared a national military
park to be known as the ‘Monocacy National Military
Park’, whenever the title to the lands deemed necessary by the Secretary of the Interior shall have been
acquired by the United States and the usual jurisdiction over the lands and roads of the same shall have
been granted to the United States by the State of
Maryland’’.

(Mar. 2, 1917, ch. 152, 39 Stat. 996; Ex. Ord. No.
6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July
28, 1933; Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80
Stat. 643.)

§ 430k. Condemnation proceedings; purchase
without condemnation; acceptance of donations of land

AMENDMENTS
1966—Pub. L. 89–554 struck out provisions which required the affairs of park, subject to supervision and direction of Secretary of the Interior, to be in charge of
three commissioners.
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 section 901 of Title 5, Government Organization
and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, by act Mar. 2, 1934, ch. 38, § 1, 48 Stat.
389.
ABOLITION OF COMMISSION
Act Oct. 9, 1942, ch. 583, 56 Stat. 778, provided: ‘‘That
the Guilford Courthouse National Military Park Commission, established pursuant to the Act of March 2,
1917 (39 Stat. 996; 16 U.S.C. 430i), is abolished effective
at the expiration, on October 13, 1941, of the current appointment of the resident commissioner.’’

§ 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, 48 Stat. 1198; Pub. L.
94–578, title III, § 319(1), Oct. 21, 1976, 90 Stat.
2738; Pub. L. 96–607, title XIV, § 140(a), Dec. 28,
1980, 94 Stat. 3546.)
AMENDMENTS
1980—Pub. L. 96–607 substituted provision directing
that the battlefield be comprised of the area within the
boundary generally depicted on the map entitled Monocacy National Battlefield, numbered 894/40,001A,
dated April 1980, which map is to be on file and available for public inspection for provision directing that
the battlefield be comprised of the area generally depicted on the drawing entitled Boundary, Monocacy
National Battlefield, numbered 894–40,000, dated May
1976.

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 section 3113 of title 40, to acquire title
to the lands, interests therein, or rights pertaining thereto within the said battlefield, and the
United States shall be entitled to immediate
possession upon the filing of the petition in condemnation in the United States District Court
for the District of Maryland: Provided, That
when the owner of such lands, interests therein,
or rights pertaining thereto shall fix a price for
the same, which, in the opinion of the Secretary
of the Interior, shall be reasonable, the Secretary may purchase the same without further
delay: Provided further, That the Secretary of
the Interior is authorized to accept, on behalf of
the United States, donations of lands, interests
therein, or rights pertaining thereto required for
the battlefield: And provided further, That title
and evidence of title to lands and interests
therein acquired for said battlefield shall be satisfactory to the Secretary of the Interior.
(June 21, 1934, ch. 694, § 2, 48 Stat. 1199; Pub. L.
94–578, title III, § 319(2), Oct. 21, 1976, 90 Stat.
2738.)
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888, entitled ‘An Act to authorize condemnation of lands for sites for public buildings and for
other purposes’ (25 Stat.L. 357)’’ on authority of Pub. L.
107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
AMENDMENTS
1976—Pub. L. 94–578 substituted ‘‘battlefield’’ for
‘‘Monocacy National Military Park’’ wherever appearing.
CHANGE OF NAME
‘‘Battlefield’’ substituted in text for ‘‘park’’ in view
of redesignation of Monocacy National Military Park
as Monocacy National Battlefield by Pub. L. 94–578,
§ 319(1), set out as section 430j of this title.

§ 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 sections 430j to 430m and 430o to 430s of

Page 455

this title and that they will preserve the present
breastworks, earthworks, walls, defenses, shelters, buildings, and roads, and the present outlines of the battlefields, and that they will only
cut trees or underbrush or disturb or remove the
soil, under such regulations as the Secretary of
the Interior may prescribe, and that they will
assist in protecting all tablets, monuments, or
such other artificial works as may from time to
time be erected by proper authority.
(June 21, 1934, ch. 694, § 3, 48 Stat. 1199; Pub. L.
94–578, title III, § 319(3), Oct. 21, 1976, 90 Stat.
2738.)
AMENDMENTS
1976—Pub. L. 94–578 substituted ‘‘lease to the immediately preceding owner or owners any lands acquired
pursuant to an agreement that such lessee or lessees
will occupy such lands in a manner consistent with the
purposes of sections 430j to 430m and 430o to 430s of this
title and’’ for ‘‘enter into leases with the owners of
such of the lands, works, defenses, and buildings thereon within the Monocacy National Military Park, as in
his discretion it is unnecessary to forthwith acquire
title to, and such leases shall be on such terms and conditions as the Secretary of the Interior may prescribe,
and may contain options to purchase, subject to later
acceptance, if, in the judgment of the Secretary of the
Interior, it is as economical to purchase as condemn
title to the property: Provided, That the Secretary of
the Interior may enter into agreements upon such
nominal terms as he may prescribe, permitting the
present owners or their tenants to occupy or cultivate
their present holdings, upon condition’’.

§ 430m. Administration
The administration, development, preservation, and maintenance of the battlefield shall be
exercised by the Secretary of the Interior in accordance with sections 1, 2, 3, and 4 of this title,
as amended and supplemented, and sections 461
to 467 of this title.
(June 21, 1934, ch. 694, § 4, 48 Stat. 1199; Pub. L.
94–578, title III, § 319(4), Oct. 21, 1976, 90 Stat.
2738.)
AMENDMENTS
1976—Pub. L. 94–578 substituted ‘‘The administration,
development, preservation, and maintenance of the
battlefield shall be exercised by the Secretary of the
Interior in accordance with sections 1, 2, 3, and 4 of this
title, as amended and supplemented, and sections 461 to
467 of this title’’ for ‘‘The affairs of the Monocacy National Military Park shall, subject to the supervision
and direction of the National Park Service of the Interior Department, be in charge of a superintendent, to
be appointed by the Secretary of the Interior’’.

§ 430n. Repealed. Pub. L. 94–578, title III, § 319(5),
Oct. 21, 1976, 90 Stat. 2738
Section, act June 21, 1934, ch. 694, § 5, 48 Stat. 1199,
provided for opening and repair of necessary roads in
battlefield and erection of historical tablets.

§ 430o. Gifts and donations; acceptance by Secretary
The Secretary of the Interior,1 is authorized to
receive gifts and contributions from States, Territories, societies, organizations, and individuals
for the battlefield for carrying out the provi1 So

§ 430q

TITLE 16—CONSERVATION

in original. The comma probably should not appear.

sions of sections 430j to 430m and 430o to 430s of
this title.
(June 21, 1934, ch. 694, § 6, 48 Stat. 1199; Pub. L.
94–578, title III, § 319(6), Oct. 21, 1976, 90 Stat.
2738.)
AMENDMENTS
1976—Pub. L. 94–578 substituted ‘‘The Secretary of the
Interior, is authorized to receive gifts and contributions from States, Territories, societies, organizations,
and individuals for the battlefield’’ for ‘‘The National
Park Service, acting through the Secretary of the Interior, is authorized to receive gifts and contributions
from States, Territories, societies, organizations, and
individuals for the Monocacy National Military Park:
Provided, That all contributions of money received
shall be deposited in the Treasury of the United States
and credited to a fund to be designated ‘Monocacy National Military Park fund’, which fund shall be applied
to and expended under the direction of the Secretary of
the Interior,’’.

§ 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, 48 Stat. 1200; Pub. L.
94–578, title III, § 319(7), Oct. 21, 1976, 90 Stat.
2738.)
AMENDMENTS
1976—Pub. L. 94–578 substituted ‘‘battlefield’’ for
‘‘Monocacy National Military Park’’ and ‘‘: Provided
further,’’ for ‘‘, which approval shall be based upon formal written reports to be made to him in each case by
the National Park Service: Provided,’’.

§ 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

§ 430r

TITLE 16—CONSERVATION

park, any person so offending and found guilty
thereof, before any United States magistrate
judge or court, of the jurisdiction in which the
offense may be committed, shall for each and
every such offense forfeit and pay a fine, in the
discretion of the United States magistrate judge
or court, according to the aggravation of the offense.
(June 21, 1934, ch. 694, § 8, 48 Stat. 1200; Pub. L.
90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat.
1118; Pub. L. 94–578, title III, § 319(8), Oct. 21, 1976,
90 Stat. 2739; Pub. L. 101–650, title III, § 321, Dec.
1, 1990, 104 Stat. 5117.)
AMENDMENTS
1976—Pub. L. 94–578 struck out provisions which limited fines to not less than $5 nor more than $500.
CHANGE OF NAME
‘‘United States magistrate judge’’ substituted for
‘‘United States magistrate’’ wherever appearing in text
pursuant to section 321 of Pub. L. 101–650, set out as a
note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, ‘‘United States magistrate’’
substituted for ‘‘United States commissioner’’ pursuant
to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title
28.

§ 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, 48 Stat. 1200.)
§ 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 sections 430j to 430m and 430o to 430s of this title,
indicating:
(1) the facilities needed to accommodate the
health, safety, and interpretive needs of the
visiting public;
(2) the location and estimated cost of all facilities; and
(3) the projected need for any additional facilities within the battlefield.
No funds authorized to be appropriated pursuant
to this section shall be available prior to October 1, 1977.
(June 21, 1934, ch. 694, § 10, 48 Stat. 1200; Pub. L.
94–578, title III, § 319(9), Oct. 21, 1976, 90 Stat.
2739.)

Page 456

of $50,000 to carry out
430s of this title and
ment and transmittal
1976, of a final master
battlefield.

sections 430j to 430m and 430o to
inserted provisions for developwithin three years from Oct. 21,
plan for full development of the

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.
AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL
LAND ACQUISITION
Pub. L. 102–202, § 1, Dec. 10, 1991, 105 Stat. 1634, provided that: ‘‘There are authorized to be appropriated up
to $20,000,000 for acqusition [sic] of lands and interests
in lands for purposes of the Monocacy National Battlefield, Maryland; such sums shall be in addition to other
funds available for such purposes.’’

§ 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, 49 Stat. 423.)
§ 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 section 3113 of title 40,
such tracts of land within the said national battlefield park as may be necessary for the completion thereof.
(June 26, 1935, ch. 315, § 2, 49 Stat. 423.)

AMENDMENTS

CODIFICATION

1976—Pub. L. 94–578 substituting provisions authorizing appropriations of not more than $3,525,000 for the
acquisition of lands and interests in lands, and not to
exceed $500,000 for development of essential public facilities for provisions which authorized appropriation

‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and
Works.

Page 457

§ 430z–1

TITLE 16—CONSERVATION

§ 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, 49 Stat. 423.)
§ 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 sections 1, 2,
3, and 4 of this title, as amended.
(June 26, 1935, ch. 315, § 4, 49 Stat. 424.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 49 Stat. 424; Aug. 9,
1939, ch. 614, § 1, 53 Stat. 1274.)
REFERENCES IN TEXT
Herein, referred to in text, means act June 26, 1935,
ch. 315, 49 Stat. 423, which is classified to sections 430t
to 430x of this title. For complete classification of this
Act to the Code, see Tables.

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, 49 Stat. 661.)
§ 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, 49 Stat. 661.)
§ 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 sections 430y to 430z–3 of this title.
(Aug. 20, 1935, ch. 575, § 3, 49 Stat. 662.)
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, 54 Stat. 1211, which cov-

§ 430z–2

TITLE 16—CONSERVATION

ered most excepted positions into the classified (competitive) civil service. The Order is set out as a note
under section 3301 of Title 5, Government Organization
and Employees.
As to the compensation of such personnel, sections
1202 and 1204 of the Classification Act of 1949, 63 Stat.
972, 973, repealed the Classification Act of 1923 and all
other laws or parts of laws inconsistent with the 1949
Act. The Classification Act of 1949 was repealed Pub. L.
89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632, and reenacted as
chapter 51 and subchapter III of chapter 53 of Title 5.
Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine
the applicability to specific positions and employees.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 49 Stat. 662.)
§ 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, 49 Stat. 662.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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

Page 458

of the National Park System for the benefit and
enjoyment of the people of the United States,
under the name of the Pea Ridge National Military Park.
(July 20, 1956, ch. 653, § 1, 70 Stat. 592.)
§ 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 sections 430aa to
430ee of this title—lie within the lands particularly described as follows: sections 17, 18, 19, 20,
29, 30, 31, 32, and 33, all township 21 north, range
28 west, Fifth principal meridian; sections 4, 5, 6,
7, and 8, all township 20 north, range 28 west,
Fifth principal meridian; sections 13, 14, 20, 21,
22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, and 36,
all township 21 north, range 29 west, Fifth principal meridian; and sections 1, 2, 3, 4, 5, 6, 7, 8,
9, 10, 11, and 12, all township 20 north, range 29
west, Fifth principal meridian.
(July 20, 1956, ch. 653, § 2, 70 Stat. 592.)
§ 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 sections 1, 2, 3, and 4 of this
title, as amended.
(b) In order to provide for the proper development and maintenance of the park, the Secretary of the Interior shall construct and maintain therein such roads, trails, markers, buildings, and other improvements, and such facilities for the care and accommodation of visitors,
as he may deem necessary.
(July 20, 1956, ch. 653, § 3, 70 Stat. 593.)
§ 430dd. Dedication
Sections 430aa to 430ee of this title shall become effective if and when the requirements of
sections 430aa and 430bb of this title shall have
been fully complied with to the satisfaction of
the President of the United States, who shall
then issue a notice declaring that the requirements herein have been met, and said notice
shall formally dedicate and set aside the areas
transferred to the United States in accordance
with the provisions of section 430aa of this title.
(July 20, 1956, ch. 653, § 4, 70 Stat. 593.)
§ 430ee. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of sections 430aa to 430ee of this title.
(July 20, 1956, ch. 653, § 5, 70 Stat. 593.)
§ 430ff. Horseshoe Bend National Military Park;
establishment
When not less than five hundred acres of the
non-Federal lands hereinafter described (to-

Page 459

TITLE 16—CONSERVATION

gether with improvements thereon) and known
as the Horseshoe Bend Battle Ground on the
Tallapoosa River, in the State of Alabama, shall
have been acquired and transferred free and
clear of all encumbrances to the United States
without expense to the Federal Government,
such areas shall be, and are hereby, dedicated
and set apart as a unit of the National Park System for the benefit and enjoyment of the people
of the United States, under the name of the
Horseshoe Bend National Military Park.
(July 25, 1956, ch. 729, § 1, 70 Stat. 651.)
§ 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 sections 430ff to 430jj of this title, lie
within the lands particularly described as follows: Sections 13, 14, 15, 22, and 23, all township
23 north, range 23 east, Saint Stephens meridian.
(July 25, 1956, ch. 729, § 2, 70 Stat. 651.)
§ 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 sections 1, 2, 3, and 4 of this
title, as amended.
(b) In order to provide for the proper development and maintenance of the park, the Secretary of the Interior shall construct and maintain therein such roads, trails, markers, buildings, and other improvements, and such facilities for the care and accommodation of visitors,
as he may deem necessary.
(July 25, 1956, ch. 729, § 3, 70 Stat. 651.)
§ 430ii. Dedication
Sections 430ff to 430jj of this title shall become
effective if and when the requirements of sections 430ff and 430gg of this title shall have been
fully complied with to the satisfaction of the
President of the United States, who shall then
issue a notice declaring that the requirements
herein have been met, and said notice shall formally dedicate and set aside the areas transferred to the United States in accordance with
the provisions of section 430ff of this title.
(July 25, 1956, ch. 729, § 4, 70 Stat. 651.)
PROC. NO. 3308. 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
(70 Stat. 651) [section 430ff of this title], provides that

§ 430ii

when not less than five hundred acres of non-Federal
lands (together with improvements thereon), known as
the Horseshoe Bend Battle Ground, shall have been acquired and transferred free and clear of all encumbrances to the United States without expense to the
Federal Government, such area shall be dedicated and
set apart as the Horseshoe Bend National Military
Park: and
WHEREAS section 2 of that act [section 430gg of this
title] authorizes and directs the Secretary of the Interior to make an examination of the Horseshoe Bend
Battle Ground with a view to determining the area or
areas thereof deemed desirable for inclusion in the
Horseshoe Bend National Military Park; and
WHEREAS the Secretary of the Interior on June 11,
1957, approved a map showing an area of 2,040 acres on
the Horseshoe Bend Battle Ground as being desirable
for inclusion in the Horseshoe Bend National Military
Park, and such land was donated to, and accepted on
behalf of, the United States of America on April 24,
1959; and
WHEREAS the requirements of sections 1 and 2 of the
act of July 25, 1956 (70 Stat. 651) [sections 430ff and
430gg of this title], have been fully complied with:
NOW, THEREFORE, I, DWIGHT D. EISENHOWER,
President of the United States of America, by virtue of
the authority vested in me by section 4 of the abovementioned 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 (NE1⁄4), northeast quarter of northwest quarter (NE1⁄4 of NW1⁄4), northeast quarter of
southeast quarter (NE1⁄4 of SE1⁄4), fractions A, B, C and
E of section 15; fractions B, D, and E of section 22; all
in township 23 north, range 23 east; also one-half acre
known as the Ferry Landing on the south side of the
Tallapoosa River in said section 15, more particularly
described as follows: Commence at the southwest corner of section 15, township 23 north, range 23 east,
Tallapoosa County, Alabama; thence south 89 degrees
00 minutes east 1968 feet to a point; thence north 1 degree 00 minutes west 1267 feet to a point on the southerly bank of the Tallapoosa River and the point of beginning of the parcel herein intended to be described;
thence south 52 degrees 00 minutes west 147.6 feet to a
point; thence north 38 degrees 00 minutes west 147.6 feet
to a point; thence north 52 degrees 00 minutes east 147.6
feet to a point on the southerly bank of the said river;
thence upstream along the southerly bank of the river
south 38 degrees 00 minutes east 147.6 feet to the point
of beginning, and being situated in the east half of the
southwest quarter of section 15, township 23 north,
range 23 east, Tallapoosa County, Alabama; also a parcel of land known as Miller’s Island in the Tallapoosa
River just south of the river bridge more particularly
described as follows: Commencing at the southwest corner of said section 15, township 23 north, range 23 east,
Tallapoosa County, Alabama; thence south 89 degrees
00 minutes east 2605 feet to a point on the west bank of
said island, which is the point of beginning; thence
north 5 degrees 00 minutes east 220 feet to a point;
thence north 8 degrees 00 minutes west 510 feet to a
point; thence north 82 degrees 00 minutes east 350 feet
to a point; thence north 55 degrees 30 minutes east 75
feet to a point; thence north 82 degrees 00 minutes east
115 feet to a point; thence south 17 degrees 00 minutes
east 330 feet to a point; thence south 8 degrees 00 minutes east 270 feet to a point; thence south 77 degrees 45
minutes west 270 feet to a point; thence south 59 degrees 35 minutes west 160 feet to a point; thence south
36 degrees 06 minutes west 650 feet to a point; thence
north 5 degrees 00 minutes east 530 feet to the point of
beginning, containing 14.11 acres, more or less, and
being situated in sections 15 and 22, township 23 north,
range 23 east, Tallapoosa County, Alabama. Less and
except 5.1 acres in said section 15 township 23 north,
range 23 east, previously conveyed by Nora E. Miller to
Horseshoe Bend Battle Park Commission, described as
follows: Beginning at a point which is 13 chains and 51

§ 430jj

TITLE 16—CONSERVATION

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 (NE1⁄4), northeast quarter of
northwest quarter (NE1⁄4 of NW1⁄4), northeast quarter of
southeast quarter (NE1⁄4 of SE1⁄4), fractions A, B, C and
E of section 15; fractions B, D, and E of section 22; all
in township 23 north, range 23 east; also one-half acre
known as the Ferry Landing on the south side of the
Tallapoosa River in section 15, more particularly described as follows: Commence at the southwest corner
of section 15, township 23 north, range 23 east,
Tallapoosa County, Alabama; thence south 89 degrees
00 minutes east 1968 feet to a point; thence north 1 degree 00 minutes west 1267 feet to a point on the southerly bank of the Tallapoosa River and the point of beginning of the parcel herein intended to be described;
thence south 52 degrees 00 minutes west 147.6 feet to a
point; thence north 38 degrees 00 minutes west 147.6 feet
to a point; thence north 52 degrees 00 minutes east 147.6
feet to a point on the southerly bank of said river;
thence upstream along the southerly bank of the river
south 38 degrees 00 minutes east 147.6 feet to the point
of beginning, and being situated in the east half of the
southwest quarter of section 15, township 23 north,
range 23 east, Tallapoosa County, Alabama; also a parcel of land known as Miller’s Island in the Tallapoosa
River just south of the river bridge more particularly
described as follows: Commencing at the southwest corner of said section 15, township 23 north, range 23 east,
Tallapoosa County, Alabama; thence south 89 degrees
00 minutes east 2605 feet to a point on the west bank of
said island, which is the point of beginning; thence
north 5 degrees 00 minutes east 220 feet to a point;
thence north 8 degrees 00 minutes west 510 feet to a
point; thence north 82 degrees 00 minutes east 350 feet
to a point; thence north 55 degrees 30 minutes east 75
feet to a point; thence north 82 degrees 00 minutes east
115 feet to a point; thence south 17 degrees 00 minutes
east 330 feet to a point; thence south 8 degrees 00 minutes east 270 feet to a point; thence south 77 degrees 45
minutes west 270 feet to a point; thence south 59 degrees 35 minutes west 160 feet to a point; thence south
36 degrees 06 minutes west 650 feet to a point; thence
north 5 degrees 00 minutes east 530 feet to the point of
beginning, containing 14.11 acres, more or less, and
being situated in sections 15 and 22, township 23 north,
range 23 east, Tallapoosa County, Alabama. Less and
except 5.1 acres in said section 15, township 23 north,
range 23 east, previously conveyed by Nora E. Miller to
Horseshoe Bend Battle Park Commission, described as
follows: Beginning at a point which is 13 chains and 51
links south 75 degrees 30 minutes west of a point on the
west line of section 14, township 23 north, range 23 east,
which is 69 chains south of the northwest corner of said
section 14; thence west 8 chains and 50 links, thence
south 6 chains, thence east 8 chains and 50 links, thence
north 6 chains to the point of beginning. Said 5.1-acre
exception in said section 15 has heretofore been conveyed to the United States of America by patent from
the State of Alabama.
The above-described lands contain 1,474.24 acres, more
or less.
Beginning at a point which is 13 chains and 51 links
south 75 degrees 30 minutes west of a point on the west
line of section 14 which is 69 chains south of the northwest corner of section 14, thence west 8 chains and 50
links, thence south 6 chains, thence east 8 chains and

Page 460

50 links, thence north 6 chains to the point of beginning, the said land lying and being in section 15, township 23 north, range 23 east.
The above-described lands contain 5.1 acres, more or
less.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the United States of America to be affixed.
DONE at the City of Washington this eleventh day of
August in the year of our Lord nineteen hundred and
fifty-nine, and of the independence of the United States
of America the one hundred and eighty-fourth.
[SEAL]
DWIGHT D. EISENHOWER.

§ 430jj. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of sections 430ff to 430jj of this title.
(July 25, 1956, ch. 729, § 5, 70 Stat. 651.)
§ 430kk. Wilson’s Creek National Battlefield: establishment and acquisition of lands
(a) Establishment, initial boundaries
The Secretary of the Interior shall acquire, by
gift, purchase, condemnation, or otherwise, the
lands (together with any improvements thereon)
comprising the Wilson’s Creek Battlefield site
near Springfield, Missouri, and any other lands
adjacent to such site which in his opinion are
necessary or desirable to carry out the purposes
of sections 430kk to 430mm of this title.
(b) Expansion of boundaries
(1) The boundaries of the Wilson’s Creek National Battlefield are revised to include lands
and interests therein consisting of six parcels
totaling 615 acres and identified as parcels ‘‘1, 2,
3, 4, 5, and 6’’ on the map entitled ‘‘Wilson’s
Creek National Battlefield Proposed Boundary’’,
numbered 410/80,037 and dated January 27, 2004.
The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
(2) The Secretary is authorized to acquire the
lands referred to in paragraph (1) by donation,
by purchase from willing sellers with donated or
appropriated funds, or by exchange. The Secretary may acquire by the same methods personal property associated with, and appropriate
for, interpretation of the park.
(c) Access to private property
Nothing in sections 430kk to 430mm of this
title shall be construed to—
(1) require any private property owner to
allow public access (including Federal, State,
or local government access) to such private
property; or
(2) modify any provision of Federal, State,
or local law with regard to public access to or
use of private property.
(d) Liability
The revision of the boundaries of the Wilson’s
Creek National Battlefield by subsection (b) of
this section shall not be considered to create
any liability for, or to have any effect on any liability under any other law of, any owner of private property with respect to any person injured
on that private property.

Page 461

§ 430oo

TITLE 16—CONSERVATION

(e) Recognition of authority to control land use
Nothing in sections 430kk to 430mm of this
title shall be construed to modify the authority
of Federal, State, or local governments to regulate land use.
(f) Participation of private property owners
Nothing in sections 430kk to 430mm of this
title shall be construed to require the owner of
any private property located within the boundaries of the Wilson’s Creek National Battlefield
to participate in, or be associated with, the National Battlefield.
(g) Effect of expansion
The boundaries of the Wilson’s Creek National
Battlefield, as revised by subsection (b) of this
section, represent the area within which Federal
funds appropriated for the purpose of sections
430kk to 430mm of this title may be expended.
The boundary revision shall not be construed to
provide any nonexisting regulatory authority on
land use within the National Battlefield or its
viewshed by the Secretary or the National Park
Service.
(Pub. L. 86–434, § 1, Apr. 22, 1960, 74 Stat. 76; Pub.
L. 108–394, § 2(a), Oct. 30, 2004, 118 Stat. 2247.)
AMENDMENTS
2004—Pub. L. 108–394 inserted section catchline, designated existing provisions as subsec. (a), inserted
heading, and added subsecs. (b) to (g).
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–394, § 1, Oct. 30, 2004, 118 Stat. 2247, provided that: ‘‘This Act [amending this section and section 430mm of this title] may be cited as the ‘Wilson’s
Creek National Battlefield Boundary Adjustment Act
of 2004’.’’

§ 430ll. Designation
(a) Administration, protection, and development
The lands acquired under section 430kk of this
title shall be set aside as a public park for the
benefit and enjoyment of the people of the
United States, and shall be designated as the
Wilson’s Creek National Battlefield. The National Park Service, under the direction of the
Secretary of the Interior, shall administer, protect, and develop the park, subject to the provisions of sections 1, 2, 3, and 4 of this title.
(b) Improvements
In order to provide for the proper development
and maintenance of the park, the Secretary of
the Interior shall construct and maintain therein such roads, trails, markers, buildings, and
other improvements, and such facilities for the
care and accommodation of visitors, as he may
deem necessary.
(Pub. L. 86–434, § 2, Apr. 22, 1960, 74 Stat. 76; Pub.
L. 91–554, § 1(a), Dec. 16, 1970, 84 Stat. 1441.)
AMENDMENTS
1970—Pub. L. 91–554 substituted ‘‘Wilson’s Creek National Battlefield’’ for ‘‘Wilson’s Creek Battlefield National Park’’.

propriated not more than $5,640,000. There are
authorized to be appropriated such sums as may
be necessary to carry out section 430kk(b) of
this title.
(Pub. L. 86–434, § 3, Apr. 22, 1960, 74 Stat. 76; Pub.
L. 91–554, § 1(b), Dec. 16, 1970, 84 Stat. 1441; Pub.
L. 95–625, title I, § 101(29), Nov. 10, 1978, 92 Stat.
3472; Pub. L. 108–394, § 2(b), Oct. 30, 2004, 118 Stat.
2248.)
AMENDMENTS
2004—Pub. L. 108–394 inserted last sentence.
1978—Pub. L. 95–625 substituted ‘‘$5,640,000.’’ for
‘‘$2,285,000 (March 1969 prices), plus or minus such
amounts, if any, as may be justified by reason of ordinary fluctuations in construction cost indices applicable to the types of construction involved herein.’’
1970—Pub. L. 91–554 increased authorization of appropriations from not more than $120,000 to not more than
$2,285,000 (March 1969 prices), plus or minus such
amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by
engineering cost indices.

§ 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 section 3113 of
title 40, lands, buildings, structures, and other
property, or interests therein, which he may determine to be of historical interest in connection with the Antietam Battlefield site, the title
to such property or interests to be satisfactory
to the Secretary of the Interior: Provided, That
payment for such property or interests shall be
made solely from donated funds. All such property and interests shall be a part of the Antietam Battlefield site and shall be subject to all
laws and regulations applicable thereto.
(May 14, 1940, ch. 191, 54 Stat. 212.)
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888 (25 Stat. 357)’’ on authority of Pub.
L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first
section of which enacted Title 40, Public Buildings,
Property, and Works.
ANTIETAM NATIONAL BATTLEFIELD SITE REDESIGNATED
AS ANTIETAM NATIONAL BATTLEFIELD; BOUNDARY REVISION

Pub. L. 95–625, title III, § 319(b), Nov. 10, 1978, 92 Stat.
3488, as amended by Pub. L. 100–528, § 1(c), Oct, 25, 1988,
102 Stat. 2649, provided that: ‘‘The Antietam National
Battlefield Site established pursuant to such Act of
April 22, 1960 [section 430oo of this title] is hereby redesignated the ‘Antietam National Battlefield’. The
boundaries of such battlefield are hereby revised to include the area generally depicted on the map referenced in subsection (a) of this section [set out as a
note under section 430oo of this title], which shall be on
file and available for public inspection in the offices of
the National Park Service, Department of the Interior.’’

§ 430mm. Authorization of appropriations

§ 430oo. Acquisition of lands for preservation,
protection and improvement; limitation

For development of the Wilson’s Creek National Battlefield, there are authorized to be ap-

The Secretary of the Interior is authorized to
acquire such lands and interests in land and to

§ 430pp

TITLE 16—CONSERVATION

enter into such agreements with the owners of
land on behalf of themselves, their heirs and assigns with respect to the use thereof as the Secretary finds necessary to preserve, protect and
improve the Antietam Battlefield comprising
approximately 1,800 acres in the State of Maryland and the property of the United States
thereon, to assure the public a full and unimpeded view thereof, and to provide for the
maintenance of the site (other than those portions thereof which are occupied by public buildings and monuments and the Antietam National
Cemetery) in, or its restoration to, substantially
the condition in which it was at the time of the
battle of Antietam. Any acquisition authorized
by this section may be made without regard to
the limitation set forth in the proviso contained
in section 430nn of this title.
(Pub. L. 86–438, Apr. 22, 1960, 74 Stat. 79; Pub. L.
93–608, § 1(11), Jan. 2, 1975, 88 Stat. 1969; Pub. L.
100–528, § 1(a), Oct. 25, 1988, 102 Stat. 2649.)
AMENDMENTS
1988—Pub. L. 100–528 struck out after first sentence
‘‘Not more than 600 acres of land, however, shall be acquired in fee by purchase or condemnation, but neither
this limitation nor any other provision of law shall preclude such acquisition of the fee title to other lands
and its immediate reconveyance to the former owner
with such covenants, restrictions, or conditions as will
accomplish the purposes of this section: Provided, That
the cost to the Government of any such transaction
shall not exceed the reasonable value of the covenants,
restrictions, or conditions thereby imposed on the
property.’’
1975—Pub. L. 93–608 struck out requirement that Secretary report to Congress at least once each year on
any acquisition made or agreement entered into under
provisions of this section.
SCENIC EASEMENTS; ACQUISITION

Page 462
REFERENCES IN TEXT

Act of March 4, 1931 (46 Stat. 1522), referred to in text,
was not classified to the Code.

§ 430qq. Exchange of lands
The Secretary of the Interior, in order to implement the purposes of section 430pp of this
title, is authorized to exchange lands which may
be acquired pursuant to sections 430pp to 430tt of
this title for other lands or interests therein of
approximately equal value lying within the
original George Washington land patent at Fort
Necessity.
(Pub. L. 87–134, § 2, Aug. 10, 1961, 75 Stat. 336.)
§ 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.
(Pub. L. 87–134, § 3, Aug. 10, 1961, 75 Stat. 336.)
§ 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 sections 1,
2, 3, and 4 of this title, as amended and supplemented.
(Pub. L. 87–134, § 4, Aug. 10, 1961, 75 Stat. 336.)
§ 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 sections
430pp to 430tt of this title.

Pub. L. 95–625, title III, § 319(a), Nov. 10, 1978, 92 Stat.
3488, as amended by Pub. L. 100–528, § 1(b), Oct, 25, 1988,
102 Stat. 2649, provided that: ‘‘In furtherance of the purposes of the Act entitled ‘An Act to provide for the protection and preservation of the Antietam Battlefield in
the State of Maryland’, approved April 22, 1960 (74 Stat.
79) [this section], and other Acts relative thereto [see
section 430nn of this title], the Secretary is hereby authorized to acquire the additional lands generally depicted on the map entitled ‘Boundary Map, Antietam
National Battlefield, Washington County, Maryland,’
numbered 302–80.005–A and dated June 1977.’’

1974—Pub.
‘‘$115,000’’.

§ 430pp. Fort Necessity National Battlefield; acquisition of land

§ 430uu. Big Hole National Battlefield; redesignation of monument

In furtherance of the purposes of the Act of
March 4, 1931 (46 Stat. 1522), the Secretary of the
Interior is authorized to acquire by purchase,
exchange, donation, with donated funds or
otherwise by such means as he may deem to be
in the public interest, lands and interests in
lands adjoining or near the Fort Necessity National Battlefield site which in his discretion
are necessary to preserve the historic battleground, together with not to exceed 25 acres at
the detached Braddock Monument: Provided,
That the total area acquired pursuant to sections 430pp to 430tt of this title shall not exceed
500 acres, except that in order to avoid the undesirable severance of parcels in private ownership
such parcels may be purchased in the entirety.

The Big Hole Battlefield National Monument,
established by Executive Order Numbered 1216 of
June 23, 1910, and enlarged by Proclamation
Numbered 2339 of June 29, 1939, is hereby redesignated as the Big Hole National Battlefield.

(Pub. L. 87–134, § 1, Aug. 10, 1961, 75 Stat. 336.)

(Pub. L. 87–134, § 5, Aug. 10, 1961, 75 Stat. 336;
Pub. L. 93–477, title I, § 101(4), Oct. 26, 1974, 88
Stat. 1445.)
AMENDMENTS
L.

93–477

substituted

‘‘$722,000’’

for

(Pub. L. 88–24, § 1, May 17, 1963, 77 Stat. 18.)
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 (53 Stat.
2544), referred to in text, is not classified to the Code.

§ 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 interpreta-

Page 463

TITLE 16—CONSERVATION

tion, 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 rightof-way line of relocated Montana State Route
43; consisting of approximately 466 acres.
(Pub. L. 88–24, § 2, May 17, 1963, 77 Stat. 18.)
§ 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 section 430uu–1 of this title.
(b) Any lands described in section 430uu–1 of
this title that are a part of the Beaverhead National Forest on May 17, 1963, are hereby excluded from the forest and added to the Big Hole
National Battlefield.
(c) Lands included in the Big Hole National
Battlefield pursuant to sections 430uu to 430uu–4
of this title shall be administered in accordance
with the provisions of sections 1, 2, 3, and 4 of
this title.
(Pub. L. 88–24, § 3, May 17, 1963, 77 Stat. 19.)
§ 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.
(Pub. L. 88–24, § 4, May 17, 1963, 77 Stat. 19.)
§ 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 sections 430uu to 430uu–4 of this
title.
(Pub. L. 88–24, § 5, May 17, 1963, 77 Stat. 19; Pub.
L. 92–272, title I, § 101(2), Apr. 11, 1972, 86 Stat.
120.)
AMENDMENTS
1972—Pub.
‘‘$20,000’’.

L.

92–272

substituted

‘‘$42,500’’

for

§ 430vv. River Raisin National Battlefield Park
(a) Establishment
(1) In general
If Monroe County or Wayne County, Michigan, or other willing landowners in either

§ 430vv

County offer to donate to the United States
land relating to the Battles of the River Raisin on January 18 and 22, 1813, or the aftermath of the battles, the Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) shall accept the donated land.
(2) Designation of Park
On the acquisition of land under paragraph
(1) that is of sufficient acreage to permit efficient administration, the Secretary shall designate the acquired land as a unit of the National Park System, to be known as the
‘‘River Raisin National Battlefield Park’’ (referred to in this section as the ‘‘Park’’).
(3) Legal description
(A) In general
The Secretary shall prepare a legal description of the land and interests in land
designated as the Park by paragraph (2).
(B) Availability of map and legal description
A map with the legal description shall be
on file and available for public inspection in
the appropriate offices of the National Park
Service.
(b) Administration
(1) In general
The Secretary shall manage the Park for the
purpose of preserving and interpreting the
Battles of the River Raisin in accordance with
sections 1, 2, 3, and 4 of this title and sections
461 to 467 of this title.
(2) General management plan
(A) In general
Not later than 3 years after the date on
which funds are made available, the Secretary shall complete a general management
plan for the Park that, among other things,
defines the role and responsibility of the
Secretary with regard to the interpretation
and the preservation of the site.
(B) Consultation
The Secretary shall consult with and solicit advice and recommendations from
State, county, local, and civic organizations
and leaders, and other interested parties in
the preparation of the management plan.
(C) Inclusions
The plan shall include—
(i) consideration of opportunities for involvement by and support for the Park by
State, county, and local governmental entities and nonprofit organizations and
other interested parties; and
(ii) steps for the preservation of the resources of the site and the costs associated
with these efforts.
(D) Submission to Congress
On the completion of the general management plan, the Secretary shall submit a
copy of the plan to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
(3) Cooperative agreements
The Secretary may enter into cooperative
agreements with State, county, local, and
civic organizations to carry out this section.

§ 431

TITLE 16—CONSERVATION

(c) Report
Not later than 3 years after March 30, 2009, the
Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the
House a report describing the progress made
with respect to acquiring real property under
this section and designating the River Raisin
National Battlefield Park.
(d) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section.
(Pub. L. 111–11, title VII, § 7003, Mar. 30, 2009, 123
Stat. 1188.)
SUBCHAPTER LXI—NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
§ 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, 34 Stat. 225.)
SHORT TITLE
Act June 8, 1906, ch. 3060, 34 Stat. 225, which is classified generally to sections 431, 432, and 433 of this title,
is popularly known as the ‘‘Antiquities Act of 1906’’,
and is also known as the ‘‘National Monument Act’’.
NATIONAL MONUMENT COMMISSION
Act Aug. 31, 1954, ch. 1160, 68 Stat. 1029, provided for
a Commission to obtain plans and designs for a useful
monument to the nation symbolizing to the United
States and the world the ideals of a democracy as embodied in the five freedoms (speech, religion, press, assembly, and petition) and to submit such plans to Congress for legislative authorization after approval by the
Secretary of the Interior, the National Capital Planning Commission, and the Commission of Fine Arts,
The Commission terminated 30 days after submission of
required report which was submitted in 1957 but audit
of business was not completed until September 1964.
NATIONAL MONUMENTS ESTABLISHED UNDER
PRESIDENTIAL PROCLAMATION
Ackia Battleground National Monument, Mississippi
[see section 450r of this title].—Proc. No. 2307, Oct.
25, 1938, 53 Stat. 2494.

Page 464

NATIONAL MONUMENTS ESTABLISHED UNDER
PRESIDENTIAL PROCLAMATION—CONTINUED
Admiralty Island National Monument, Alaska [Monument established within Tongass National Forest by
Pub. L. 96–487, title V, § 503(b), Dec. 2, 1980, 94 Stat.
2399; Pub. L. 104–123, Apr. 1, 1996, 110 Stat. 879; Pub.
L. 105–60, Oct. 10, 1997, 111 Stat. 1269].—Proc. No.
4611, Dec. 1, 1978, 93 Stat. 1446.
African Burial Ground National Monument, New
York.—Proc. No. 7984, Feb. 27, 2006, 71 F.R. 10793.
Agua Fria National Monument, Arizona.—Proc. No.
7263, Jan. 11, 2000, 65 F.R. 2817.
Andrew Johnson National Monument, Tennessee
[Monument redesignated Andrew Johnson National
Historical Site, see section 450o of this title].—Proc.
No. 2554, Apr. 27, 1942, 56 Stat. 1955.
Aniakchak National Monument, Alaska [Monument
established as unit of National Park System, see
section 410hh(1) of this title].—Proc. No. 4612, Dec. 1,
1978, 93 Stat. 1448.
Arches National Monument, Utah [Monument abolished and funds made available to Arches National
Park, see section 272 of this title].—Proc. No. 1875,
Apr. 12, 1929, 46 Stat. 2988; Proc. No. 2312, Nov. 25,
1938, 53 Stat. 2504; Proc. No. 3360, July 22, 1960, 74
Stat. C79; Proc. No. 3887, Jan. 20, 1969, 83 Stat. 920.
Aztec Ruins National Monument, New Mexico.—Proc.
No. 1650, Jan. 24, 1923, 42 Stat. 2295; Proc. No. 1840,
July 2, 1928, 45 Stat. 2954; Proc. No. 1928, Dec. 19,
1930, 46 Stat. 3040; Proc. No. 2787, May 27, 1948, 62
Stat. 1513; Pub. L. 100–559, title VI, §§ 601–604, Oct. 28,
1988, 102 Stat. 2800.
Badlands National Monument, South Dakota [Monument redesignated Badlands National Park, see section 441e–1 of this title].—Proc. No. 2320, Jan. 25,
1939, 53 Stat. 2521.
Bandelier National Monument, New Mexico.—Proc.
No. 1322, Feb. 11, 1916, 39 Stat. 1764; Proc. No. 1991,
Feb. 25, 1932, 47 Stat. 2503; Proc. No. 3388, Jan. 9, 1961,
75 Stat. 1014; Proc. No. 3539, May 27, 1963, 77 Stat.
1006; Pub. L. 94–578, title III, § 309, Oct. 21, 1976, 90
Stat. 2736; Pub. L. 105–85, div. C, title XXXI, § 3164,
Nov. 18, 1997, 111 Stat. 2050; Pub. L. 105–376, Nov. 12,
1998, 112 Stat. 3388.
Becharof National Monument, Alaska.—Proc. No. 4613,
Dec. 1, 1978, 93 Stat. 1450.
Bering Land Bridge National Monument, Alaska.—
Proc. No. 4614, Dec. 1, 1978, 93 Stat. 1451.
Big Hole Battlefield National Monument, Montana
[Monument redesignated Big Hole National Battlefield, see section 430uu of this title].—Ex. Ord. No.
1216, June 23, 1910; Proc. No. 2339, June 29, 1939, 53
Stat. 2544.
Black Canyon of the Gunnison National Monument,
Colorado [Monument abolished and lands incorporated in, and funds made available for, Black Canyon of the Gunnison National Park, see section
410fff–2 of this title].—Proc. No. 2033, Mar. 2, 1933, 47
Stat. 2558; Proc. No. 2286, May 16, 1938, 52 Stat. 1548;
Proc. No. 2372, Oct. 28, 1939, 54 Stat. 2669; Proc. No.
3344, Apr. 8, 1960, 74 Stat. C56; Pub. L. 98–357, July 13,
1984, 98 Stat. 397.
Bryce Canyon National Monument, Utah.—Proc. No.
1664, June 8, 1923, 43 Stat. 1914; Proc. No. 1930, Jan. 5,
1931, 46 Stat. 3042; Proc. No. 1952, May 4, 1931, 47
Stat. 2455.
Buck Island Reef National Monument, Virgin Islands.—Proc. No. 3443, Dec. 28, 1961, 76 Stat. 1441;
Proc. No. 4346, Feb. 1, 1975, 89 Stat. 1237; Proc. No.
4359, Mar. 28, 1975, 89 Stat. 1254; Proc. No. 7392, Jan.
17, 2001, 66 F.R. 7335.
Cabrillo National Monument, California.—Proc. No.
1255, Oct. 14, 1913, 38 Stat. 1965; Proc. No. 3273, Feb. 2,
1959, 73 Stat. C19; Proc. No. 4319, Sept. 28, 1974, 88
Stat. 2514.
California Coastal National Monument, California.—
Proc. No. 7264, Jan. 11, 2000, 65 F.R. 2821.

Page 465

TITLE 16—CONSERVATION

§ 431

NATIONAL MONUMENTS ESTABLISHED UNDER
PRESIDENTIAL PROCLAMATION—CONTINUED

NATIONAL MONUMENTS ESTABLISHED UNDER
PRESIDENTIAL PROCLAMATION—CONTINUED

Canyon De Chelly National Monument, Arizona [see
section 445 of this title].—Proc. No. 1945, Apr. 1, 1931,
47 Stat. 2448; Proc. No. 2036, Mar. 3, 1933, 47 Stat.
2562.
Canyons of the Ancients National Monument, Colorado.—Proc. No. 7317, June 9, 2000, 65 F.R. 37243.
Cape Krusenstern National Monument, Alaska [Monument established as unit of National Park System,
see section 410hh(3) of this title].—Proc. No. 4615,
Dec. 1, 1978, 93 Stat. 1453.
Capitol Reef National Monument, Utah [Monument
abolished and funds made available to Capitol Reef
National Park, see section 273 of this title].—Proc.
No. 2246, Aug. 2, 1937, 50 Stat. 1856; Proc. No. 3249,
July 2, 1958, 72 Stat. C48; Proc. No. 3888, Jan. 20, 1969,
83 Stat. 922.
Capulin Mountain National Monument, New Mexico
[Monument redesignated Capulin Volcano National
Monument by Pub. L. 100–225, title V, § 506(g), Dec.
31, 1987, 101 Stat. 1547].—Proc. No. 1340, Aug. 9, 1916,
39 Stat. 1792.
Capulin Volcano National Monument, New Mexico
[Monument changed from Capulin Mountain National Monument, see section 460uu–46(g) of this
title].—Proc. No. 1340, Aug. 9, 1916, 39 Stat. 1792; Pub.
L. 87–635, Sept. 5, 1962, 76 Stat. 436; Pub. L. 100–225,
title V, § 506(g), Dec. 31, 1987, 101 Stat. 1547.
Carlsbad Cave National Monument, New Mexico
[Monument redesignated Carlsbad Caverns National
Park, see section 407 of this title].—Proc. No. 1679,
Oct. 25, 1923, 43 Stat. 1929.
Carrizo Plain National Monument, California.—Proc.
No. 7393, Jan. 17, 2001, 66 F.R. 7339.
Casa Grande National Monument, Arizona.—Proc. No.
1470, Aug. 3, 1918, 40 Stat. 1818.
Cascade-Siskiyou National Monument, Oregon.—Proc.
No. 7318, June 9, 2000, 65 F.R. 37249; Pub. L. 111–11,
title I, §§ 1401–1406, Mar. 30, 2009, 123 Stat. 1026–1031.
Castillo de San Marcos National Monument, Florida
[Monument changed from Fort Marion National
Monument by act June 5, 1942, ch. 337, 56 Stat. 312].—
Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968; Pub. L.
108–480, Dec. 23, 2004, 118 Stat. 3907.
Castle Pinckney National Monument, South Carolina.—Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968.
Cedar Breaks National Monument, Utah.—Proc. No.
2054, Aug. 22, 1933, 48 Stat. 1705.
Chaco Canyon National Monument, New Mexico
[Monument abolished and funds made available to
Chaco Culture National Historical Park, see section
410ii–1(a) of this title].—Proc. No. 740, Mar. 11, 1907,
35 Stat. 2119; Proc. No. 1826, Jan. 10, 1928, 45 Stat.
2937.
Channel Islands National Monument, California
[Monument abolished and incorporated in Channel
Islands National Park, see section 410ff of this
title].—Proc. No. 2281, Apr. 26, 1938, 52 Stat. 1541;
Proc. No. 2825, Feb. 9, 1949, 63 Stat. 1258.
Chesapeake and Ohio Canal National Monument,
Maryland.—Proc. No. 3391, Jan. 18, 1961, 75 Stat. 1023.
Chiricahua National Monument, Arizona.—Proc. No.
1692, Apr. 18, 1924, 43 Stat. 1946; Proc. No. 2288, June
10, 1938, 52 Stat. 1551.
Cinder Cone National Monument, California.—Proc.
No. 753, May 6, 1907, 35 Stat. 2131.
Colonial National Monument, Virginia [Monument redesignated Colonial National Historical Park, see
section 81 of this title].—Proc. No. 1929, Dec. 30, 1930,
46 Stat. 3041; Proc. No. 2055, Aug. 22, 1933, 48 Stat.
1706.
Colorado National Monument, Colorado.—Proc. No.
1126, May 24, 1911, 37 Stat. 1681; Proc. No. 2037, Mar.
3, 1933, 47 Stat. 2563; Proc. No. 3307, Aug. 7, 1959, 73
Stat. C69.

Craters of the Moon National Monument, Idaho.—
Proc. No. 1694, May 2, 1924, 43 Stat. 1947; Proc. No.
1843, July 23, 1928, 45 Stat. 2959; Proc. No. 1916, July
9, 1930, 46 Stat. 3029; Proc. No. 2499, July 18, 1941, 55
Stat. 1660; Proc. No. 3506, Nov. 19, 1962, 77 Stat. 960;
Pub. L. 104–333, div. I, title II, § 205, Nov. 12, 1996, 110
Stat. 4106; Proc. No. 7373, Nov. 9, 2000, 65 F.R. 69221;
Pub. L. 107–213, § 1, Aug. 21, 2002, 116 Stat. 1052.
Death Valley National Monument, California and Nevada [Monument abolished and incorporated in
Death Valley National Park, see section 410aaa–1 of
this title].—Proc. No. 2028, Feb. 11, 1933, 47 Stat. 2554;
Proc. No. 2228, Mar. 26, 1937, 50 Stat. 1823; Proc. No.
2961, Jan. 17, 1952, 66 Stat. C18; Pub. L. 103–433, title
III, § 302, Oct. 31, 1994, 108 Stat. 4485.
Denali National Monument, Alaska.—Proc. No. 4616,
Dec. 1, 1978, 93 Stat. 1455.
Devil Postpile National Monument, California.—Proc.
No. 1166, July 6, 1911, 37 Stat. 1715.
Devils Tower National Monument, Wyoming.—Proc.
No. 658, Sept. 24, 1906, 34 Stat. 3236; act Aug. 9, 1955,
ch. 647, 69 Stat. 575.
Dinosaur National Monument, Utah-Colorado.—Proc.
No. 1313, Oct. 4, 1915, 39 Stat. 1752; Proc. No. 2290,
July 14, 1938, 53 Stat. 2454; Pub. L. 100–701, §§ 2–4,
Nov. 19, 1988, 102 Stat. 4641.
Edison Laboratory National Monument, New Jersey
[Monument and Edison Home National Historic Site
together with certain adjacent lands redesignated
Edison National Historic Site by Pub. L. 87–628, § 1,
Sept. 5, 1962, 76 Stat. 428; Pub. L. 87–628 repealed and
references to the Edison National Historic Site
deemed to refer to the Thomas Edison National Historical Park by Pub. L. 111–11, title VII, § 7110(c)(4),
(5), Mar. 30, 2009, 123 Stat. 1198, see section 410mmm
of this title].—Proc. No. 3148, July 14, 1956, 70 Stat.
C49.
Effigy Mounds National Monument, Iowa.—Proc. No.
2860, Oct. 25, 1949, 64 Stat. A371; Pub. L. 106–323, Oct.
19, 2000, 114 Stat. 1289.
El Morro National Monument, New Mexico.—Proc. No.
695, Dec. 8, 1906, 34 Stat. 3264; Proc. No. 1377, June 18,
1917, 40 Stat. 1673.
Fort Jefferson National Monument, Florida [Monument abolished and incorporated in Dry Tortugas
National Park, see section 410xx of this title].—
Proc. No. 2112, Jan. 4, 1935, 49 Stat. 3430; Pub. L.
96–287, title II, June 28, 1980, 94 Stat. 600; Pub. L.
102–525, title II, § 201(c), Oct. 26, 1992, 106 Stat. 3440.
Fort Laramie National Monument, Wyoming [Monument redesignated Fort Laramie National Historic
Site by Pub. L. 86–444, § 3, Apr. 29, 1960, 74 Stat. 84].—
Proc. No. 2292, July 16, 1938, 53 Stat. 2461.
Fort Marion National Monument, Florida [Monument
redesignated Castillo de San Marcos National Monument by act June 5, 1942, ch. 337, 56 Stat. 312].—Proc.
No. 1713, Oct. 15, 1924, 43 Stat. 1968.
Fort Matanzas National Monument, Florida.—Proc.
No. 1713, Oct. 15, 1924, 43 Stat. 1968; Proc. No. 2114,
Jan. 9, 1935, 49 Stat. 3433; Proc. No. 2773, Mar. 24,
1948, 62 Stat. 1491; Pub. L. 106–524, Nov. 22, 2000, 114
Stat. 2493.
Fort Niagara National Monument, New York.—Proc.
No. 1745, Sept. 5, 1925, 44 Stat. 2582.
Fort Pulaski National Monument, Georgia.—Proc. No.
1713, Oct. 15, 1924, 43 Stat. 1968; June 26, 1936, ch. 844,
49 Stat. 1979; Pub. L. 104–333, div. I, title VIII, § 807,
Nov. 12, 1996, 110 Stat. 4188.
Fort Wood National Monument, New York.—Proc. No.
1713, Oct. 15, 1924, 43 Stat. 1968.
Fossil Cycad National Monument, South Dakota.—
Proc. No. 1641, Oct. 21, 1922, 42 Stat. 2286.
Gates of the Arctic National Monument, Alaska.—
Proc. No. 4617, Dec. 1, 1978, 93 Stat. 1457.
Giant Sequoia National Monument, California.—Proc.
No. 7295, Apr. 15, 2000, 65 F.R. 24095.

§ 431

TITLE 16—CONSERVATION

Page 466

NATIONAL MONUMENTS ESTABLISHED UNDER
PRESIDENTIAL PROCLAMATION—CONTINUED

NATIONAL MONUMENTS ESTABLISHED UNDER
PRESIDENTIAL PROCLAMATION—CONTINUED

Gila Cliff-Dwellings National Monument, New Mexico.—Proc. No. 781, Nov. 16, 1907, 35 Stat. 2162; Proc.
No. 3467, Apr. 17, 1962, 76 Stat. 1465.
Glacier Bay National Monument, Alaska [Monument
redesignated Glacier Bay National Park, see section
410hh–1(1) of this title].—Proc. No. 1733, Feb. 26, 1925,
43 Stat. 1988; Proc. No. 2330, Apr. 18, 1939, 53 Stat.
2534; Proc. No. 3089, Mar. 31, 1955, 69 Stat. C27; Proc.
No. 4618, Dec. 1, 1978, 93 Stat. 1458.
Governors Island National Monument, New York.—
Proc. No. 7402, Jan. 19, 2001, 66 F.R. 7855; Proc. No.
7647, Feb. 7, 2003, 68 F.R. 7053.
Gran Quivira National Monument, New Mexico [Monument abolished and funds made available to Salinas
National Monument by Pub. L. 96–550, title VI,
§ 601(b), Dec. 19, 1980, 94 Stat. 3231. Salinas National
Monument redesignated Salinas Pueblo Missions
National Monument by Pub. L. 100–559, title I, § 101,
Oct. 28, 1988, 102 Stat. 2797].—Proc. No. 882, Nov. 1,
1909, 36 Stat. 2503; Proc. No. 1545, Nov. 25, 1919, 41
Stat. 1778.
Grand Canyon National Monument, Arizona.—Proc.
No. 794, Jan. 11, 1908, 35 Stat. 2175; Proc. No. 2022,
Dec. 22, 1932, 47 Stat. 2547; Proc. No. 2393, Apr. 4, 1940,
54 Stat. 2692.
Grand Canyon-Parashant National Monument, Arizona.—Proc. No. 7265, Jan. 11, 2000, 65 F.R. 2825.
Grand
Staircase-Escalante
National
Monument,
Utah.—Proc. No. 6920, Sept. 18, 1996, 110 Stat. 4561;
Pub. L. 105–335, Oct. 31, 1998, 112 Stat. 3139; Pub. L.
105–355, title II, § 201, Nov. 6, 1998, 112 Stat. 3252; Pub.
L. 106–176, title III, § 307, Mar. 10, 2000, 114 Stat. 33.
Great Sand Dunes National Monument, Colorado
[Monument abolished and incorporated in Great
Sand Dunes National Park, see section 410hhh–2 of
this title].—Proc. No. 1994, Mar. 17, 1932, 47 Stat.
2506; Proc. No. 2681, Mar. 12, 1946, 60 Stat. 1339; Proc.
No. 3138, June 7, 1956, 70 Stat. C31.
Hanford Reach National Monument, Washington.—
Proc. No. 7319, June 9, 2000, 65 F.R. 37253.
Holy Cross National Monument, Colorado [Monument
abolished by act Aug. 3, 1950, ch. 530, 64 Stat. 404].—
Proc. No. 1877, May 11, 1929, 46 Stat. 2993.
Hovenweep National Monument, Colorado-Utah.—
Proc. No. 1654, Mar. 2, 1923, 42 Stat. 2299; Proc. No.
2924, Apr. 26, 1951, 65 Stat. C8; Proc. No. 2998, Nov. 20,
1952, 67 Stat. C21; Proc. No. 3132, Apr. 6, 1956, 70 Stat.
C26.
Ironwood Forest National Monument, Arizona.—Proc.
No. 7320, June 9, 2000, 65 F.R. 37259.
Jackson Hole National Monument, Wyoming [Monument abolished and incorporated in Grand Teton National Park, see section 406d–1 of this title].—Proc.
No. 2578, Mar. 15, 1943, 57 Stat. 731.
Jewel Cave National Monument, South Dakota.—
Proc. No. 799, Feb. 7, 1908, 35 Stat. 2180; Pub. L.
89–250, Oct. 9, 1965, 79 Stat. 971.
Joshua Tree National Monument, California [see section 450ii of this title] [Monument abolished and incorporated in Joshua Tree National Park, see section 410aaa–22 of this title].—Proc. No. 2193, Aug. 10,
1936, 50 Stat. 1760; Pub. L. 103–433, title IV, § 402, Oct.
31, 1994, 108 Stat. 4488.
Kasha-Katuwe Tent Rocks National Monument, New
Mexico.—Proc. No. 7394, Jan. 17, 2001, 66 F.R. 7343.
Katmai National Monument, Alaska [Monument redesignated Katmi National Park, see section
410hh–1(2) of this title].—Proc. No. 1487, Sept. 24,
1918, 40 Stat. 1855; Proc. No. 1950, Apr. 24, 1931, 47
Stat. 2453; Proc. No. 2177, June 15, 1936, 49 Stat. 3523;
Proc. No. 2564, Aug. 4, 1942, 56 Stat. 1972; Proc. No.
3890, Jan. 20, 1969, 83 Stat. 926; Proc. No. 4619, Dec. 1,
1978, 93 Stat. 1460.
Kenai Fjords National Monument, Alaska.—Proc. No.
4620, Dec. 1, 1978, 93 Stat. 1462.
Kobuk Valley National Monument, Alaska.—Proc. No.
4621, Dec. 1, 1978, 93 Stat. 1463.

Lake Clark National Monument, Alaska.—Proc. No.
4622, Dec. 1, 1978, 93 Stat. 1465.
Lassen Peak National Monument, California.—Proc.
No. 754, May 6, 1907, 35 Stat. 2132.
Lava Beds National Monument, California.—Proc. No.
1755, Nov. 21, 1925, 44 Stat. 2591; Proc. No. 2925, Apr.
27, 1951, 65 Stat. C9.
Lehman Caves National Monument, Nevada [Monument abolished and lands incorporated in, and funds
made available for, Great Basin National Park, see
section 410mm(d) of this title].—Proc. No. 1618, Jan.
24, 1922, 42 Stat. 2260.
Lewis and Clark Cavern National Monument, Montana.—Proc. No. 807, May 11, 1908, 35 Stat. 2187; Proc.
No. 1123, May 16, 1911, 37 Stat. 1679.
Marble Canyon National Monument, Arizona.—Proc.
No. 3889, Jan. 20, 1969, 83 Stat. 924.
Marianas Trench Marine National Monument, Northern Mariana Islands and Guam.—Proc. No. 8335, Jan.
6, 2009, 74 F.R. 1557.
Meriwether Lewis National Monument, Tennessee
[Monument included in Natchez Trace Parkway, see
section 460–1 of this title].—Proc. No. 1730, Feb. 6,
1925, 43 Stat. 1986; Proc. No. 1825, Dec. 6, 1927, 45
Stat. 2935.
Minidoka Internment National Monument, Idaho
[Monument abolished and lands incorporated in
Minidoka Historic Site by Pub. L. 110–229, title III,
§ 313, May 8, 2008, 122 Stat. 770].—Proc. No. 7395, Jan.
17, 2001, 66 F.R. 7347.
Misty Fjords National Monument, Alaska [Monument
established within Tongass National Forest by Pub.
L. 96–487, title V, § 503(b), Dec. 2, 1980, 94 Stat. 2399].—
Proc. No. 4623, Dec. 1, 1978, 93 Stat. 1466.
Montezuma Castle National Monument, Arizona.—
Proc. No. 696, Sept. 8, 1906, 93 Stat. 3265; Proc. No.
2226, Feb. 23, 1937, 50 Stat. 1817; Pub. L. 108–190, Dec.
19, 2003, 117 Stat. 2867.
Mound City Group National Monument, Ohio [Monument redesignated Hopewell Culture National Historic Park, see section 401uu of this title].—Proc.
No. 1653, Mar. 2, 1923, 42 Stat. 2298; Pub. L. 96–607,
title VII, § 701, Dec. 28, 1980, 94 Stat. 3540.
Mount Olympus National Monument, Washington
[Monument abolished and lands incorporated in
Mount Olympus National Park, see section 251 of
this title].—Proc. No. 869, Mar. 2, 1909, 35 Stat. 2247;
Proc. No. 1191, Apr. 17, 1912, 37 Stat. 1737; Proc. No.
1293, May 11, 1915, 39 Stat. 1726; Proc. No. 1862, Jan. 7,
1929, 45 Stat. 2984.
Muir Woods National Monument, California.—Proc.
No. 793, Jan. 9, 1908, 35 Stat. 2174; Proc. No. 1608,
Sept. 22, 1921, 42 Stat. 2249; Proc. No. 2122, Apr. 5,
1935, 49 Stat. 3443; Proc. No. 2932, June 26, 1951, 65
Stat. C20; Proc. No. 3311, Sept. 8, 1959, 73 Stat. C76.
Mukuntuweap National Monument, Utah [Monument
redesignated Zion National Monument by Proc. No.
1435, Mar. 18, 1918, 40 Stat. 1760, and later redesignated Zion National Park, see section 344 of this
title].—Proc. No. 877, July 31, 1909, 36 Stat. 2498.
Natural Bridges National Monument, Utah.—Proc. No.
804, Apr. 16, 1908, 35 Stat. 2183; Proc. No. 881, Sept. 25,
1909, 36 Stat. 2502; Proc. No. 1323, Feb. 11, 1916, 39
Stat. 1764; Proc. No. 3486, Aug. 14, 1962, 76 Stat. 1495.
Navajo National Monument, Arizona.—Proc. No. 873,
May 20, 1909, 36 Stat. 2491; Proc. No. 1186, Mar. 14,
1912, 37 Stat. 1733.
Noatak National Monument, Alaska.—Proc. No. 4624,
Dec. 1, 1978, 93 Stat. 1468.
Northwestern Hawaiian Islands Marine National
Monument,
Hawaii
[Monument
redesignated
Papaha¯naumokua¯kea Marine National Monument
by Proc. No. 8112, Feb. 28, 2007, 72 F.R. 10031].—Proc.
No. 8031, June 15, 2006, 71 F.R. 36443.

Page 467

TITLE 16—CONSERVATION

§ 431

NATIONAL MONUMENTS ESTABLISHED UNDER
PRESIDENTIAL PROCLAMATION—CONTINUED

NATIONAL MONUMENTS ESTABLISHED UNDER
PRESIDENTIAL PROCLAMATION—CONTINUED

Ocmulgee National Monument, Georgia [see section
447a of this title].—Proc. No. 2212, Dec. 23, 1936, 50
Stat. 1798; Proc. No. 2493, June 13, 1941, 55 Stat. 1654;
Pub. L. 102–67, July 9, 1991, 105 Stat. 325.
Old Kasaan National Monument, Alaska [Monument
abolished and incorporated in Tongass National Forest by act July 26, 1955, ch. 387, 69 Stat. 380].—Proc.
No. 1351, Oct. 25, 1916, 39 Stat. 1812.
Oregon Caves National Monument, Oregon.—Proc. No.
876, July 12, 1909, 36 Stat. 2497.
Organ Pipe Cactus National Monument, Arizona.—
Proc. No. 2232, Apr. 13, 1937, 50 Stat. 1827; Pub. L.
108–64, July 29, 2003, 117 Stat. 874.
Pacific Remote Islands Marine National Monument,
Wake, Baker, Howland, and Jarvis Islands, Johnston
Atoll, Kingman Reef, and Palmyra Atoll.—Proc. No.
8336, Jan. 6, 2009, 74 F.R. 1565.
Papago Saguaro National Monument, Arizona [Monument abolished by act Apr. 7, 1930, ch. 107, 46 Stat.
142, as amended by Pub. L. 109–163, div. B, title
XXVIII, § 2873, Jan. 6, 2006, 119 Stat. 3535].—Proc. No.
1262, Jan. 31, 1914, 38 Stat. 1991.
Papaha¯naumokua¯kea Marine National Monument, Hawaii [Monument changed from Northwestern Hawaiian Islands Marine National Monument by Proc. No.
8112, Feb. 28, 2007, 72 F.R. 10031].—Proc. No. 8031,
June 15, 2006, 71 F.R. 36443.
Perry’s Victory and International Peace Memorial National Monument, Ohio.—Proc. No. 2182, July 6, 1936,
50 Stat. 1734.
Petrified Forest National Monument [Monument disestablished on establishment of Petrified Forest National Park, see sections 119 and 444 of this title].—
Proc. No. 697, Dec. 8, 1906, 34 Stat. 3266; Proc. No.
1167, July 31, 1911, 37 Stat. 1716; Proc. No. 1927, Nov.
14, 1930, 46 Stat. 3040; Proc. No. 1975, Nov. 30, 1931, 47
Stat. 2486; Proc. No. 2011, Sept. 23, 1932, 47 Stat. 2532.
Pinnacles National Monument, California.—Proc. No.
796, Jan. 16, 1908, 35 Stat. 2177; Proc. No. 1660, May 7,
1923, 43 Stat. 1911; Proc. No. 1704, July 2, 1924, 43
Stat. 1961; Proc. No. 1948, Apr. 13, 1931, 47 Stat. 2451;
Proc. No. 2050, July 11, 1933, 48 Stat. 1701; Proc. No.
2528, Dec. 5, 1941, 55 Stat. 1709; Proc. No. 7266, Jan. 11,
2000, 65 F.R. 2831.
Pipe Spring National Monument, Arizona.—Proc. No.
1663, May 31, 1923, 43 Stat. 1913.
Pompeys Pillar National Monument, Montana.—Proc.
No. 7396, Jan. 17, 2001, 66 F.R. 7351.
President Lincoln and Soldiers’ Home National Monument, District of Columbia.—Proc. No. 7329, July 7,
2000, 65 F.R. 43673.
Rainbow Bridge National Monument, Utah.—Proc. No.
1043, May 30, 1910, 36 Stat. 2703.
Rose Atoll Marine National Monument, American
Samoa.—Proc. No. 8337, Jan. 6, 2009, 74 F.R. 1577.
Russell Cave National Monument, Alabama.—Proc.
No. 3413, May 11, 1961, 75 Stat. 1058.
Saguaro National Monument, Arizona [Monument
abolished and incorporated in Saguaro National
Park, see section 410zz–1 of this title].—Proc. No.
2032, Mar. 1, 1933, 47 Stat. 2557; Proc. No. 3439, Nov.
15, 1961, 76 Stat. 1437; Pub. L. 102–61, June 19, 1991, 105
Stat. 303; Pub. L. 103–364, § 3, Oct. 14, 1994, 108 Stat.
3467.
Santa Rosa Island National Monument, Florida.—
Proc. No. 2337, May 17, 1939, 53 Stat. 2542; Proc. No.
2659, Aug. 13, 1945, 59 Stat. 877.
Scotts Bluff National Monument, Nebraska.—Proc.
No. 1547, Dec. 12, 1919, 41 Stat. 1779; Proc. No. 1999,
June 1, 1932, 47 Stat. 2512; Proc. No. 2391, Mar. 29,
1940, 54 Stat. 2690.
Shoshone Cavern National Monument, Wyoming
[Monument abolished by act May 17, 1954, ch. 203, 68
Stat. 98].—Proc. No. 880, Sept. 21, 1909, 36 Stat. 2501.
Sieur de Monts National Monument, Maine.—Proc.
No. 1339, July 8, 1916, 39 Stat. 1785.

Sitka National Monument, Alaska [Monument redesignated Sitka National Historical Park by Pub. L.
92–501, Oct. 18, 1972, 86 Stat. 904, as amended by Pub.
L. 106–291, title I, § 130, Oct. 11, 2000, 114 Stat. 946].—
Proc. No. 959, Mar. 23, 1910, 36 Stat. 2601; Proc. No.
2965, Feb. 25, 1952, 66 Stat. C22.
Sonoran Desert National Monument, Arizona.—Proc.
No. 7397, Jan. 17, 2001, 66 F.R. 7354.
Statue of Liberty National Monument.—Proc. No.
1713, Oct. 15, 1924, 43 Stat. 1968; Proc. No. 2250, Sept.
7, 1937, 51 Stat. 393; Proc. No. 3656, May 11, 1965, 79
Stat. 1490.
Sunset Crater Volcano National Monument, Arizona
[Monument changed from Sunset Crater National
Monument by Pub. L. 101–612, § 15, Nov. 16, 1990, 104
Stat. 3222].—Proc. No. 1911, May 26, 1930, 46 Stat.
3023.
Timpanogos Cave National Monument, Utah.—Proc.
No. 1640, Oct. 14, 1922, 42 Stat. 2285; Proc. No. 3457,
Mar. 27, 1962, 76 Stat. 1457; Pub. L. 107–329, title I,
Dec. 6, 2002, 116 Stat. 2815.
Tonto National Monument, Arizona.—Proc. No. 787,
Dec. 19, 1907, 35 Stat. 2168; Proc. No. 2230, Apr. 1, 1937,
50 Stat. 1825.
Tumacacori National Monument, Arizona [Monument
abolished and lands incorporated in, and funds made
available for, Tumacacori National Historical Park,
see section 410ss of this title].—Proc. No. 821, Sept.
15, 1908, 35 Stat. 2205; Proc. No. 3228, Mar. 28, 1958, 72
Stat. C30.
Tuzigoot National Monument, Arizona.—Proc. No.
2344, July 25, 1939, 53 Stat. 2548.
Upper Missouri River Breaks National Monument,
Montana.—Proc. No. 7398, Jan. 17, 2001, 66 F.R. 7359.
Verendrye National Monument, North Dakota.—Proc.
No. 1380, June 29, 1917, 40 Stat. 1677.
Vermilion Cliffs National Monument, Arizona.—Proc.
No. 7374, Nov. 9, 2000, 65 F.R. 69227.
Virgin Islands Coral Reef National Monument, Virgin
Islands.—Proc. No. 7399, Jan. 17, 2001, 66 F.R. 7364.
Walnut Canyon National Monument, Arizona.—Proc.
No. 1318, Nov. 30, 1915, 39 Stat. 1761; Proc. No. 2300,
Sept. 24, 1938, 53 Stat. 2469; Pub. L. 104–333, div. I,
title II, § 208, Nov. 12, 1996, 110 Stat. 4107.
Wheeler National Monument, Colorado [Monument
abolished by act Aug. 3, 1950, ch. 534, 64 Stat. 405].—
Proc. No. 831, Dec. 7, 1908, 35 Stat. 2214.
White Sands National Monument, New Mexico.—Proc.
No. 2025, Jan. 18, 1933, 47 Stat. 2551; Proc. No. 2108,
Nov. 28, 1934, 49 Stat. 3426; Proc. No. 2295, Aug. 29,
1938, 53 Stat. 2465; Proc. No. 3024, June 24, 1953, 67
Stat. C53; Pub. L. 104–201, div. B, title XXVIII, § 2854,
Sept. 23, 1996, 110 Stat. 2803.
World War II Valor In the Pacific National Monument,
Alaska, California, and Hawaii.—Proc. No. 8327, Dec.
5, 2008, 73 F.R. 75293.
Wrangell-St. Elias National Monument, Alaska.—
Proc. No. 4625, Dec. 1, 1978, 93 Stat. 1470.
Wupatki National Monument, Arizona.—Proc. No.
1721, Dec. 9, 1924, 43 Stat. 1977; Proc. No. 2243, July 9,
1937, 52 Stat. 1841; Proc. No. 2454, Jan. 20, 1941, 55
Stat. 1608; Pub. L. 104–333, div. I, title II, § 207, Nov.
12, 1996, 110 Stat. 4107.
Yucca House National Monument, Colorado.—Proc.
No. 1549, Dec. 19, 1919, 41 Stat. 1781; Pub. L. 104–333,
div. I, title II, § 201, Nov. 12, 1996, 110 Stat. 4105.
Yukon-Charley National Monument, Alaska.—Proc.
No. 4626, Dec. 1, 1978, 93 Stat. 1472.
Yukon Flats National Monument, Alaska.—Proc. No.
4627, Dec. 1, 1978, 93 Stat. 1473.

§ 431

TITLE 16—CONSERVATION
NATIONAL MONUMENTS ESTABLISHED UNDER
PRESIDENTIAL PROCLAMATION—CONTINUED

Zion National Monument, Utah [Monument combined
with Zion National Park into a single National park
unit, see section 346b of this title. A prior Zion National Monument, formerly Mukuntuweap National
Monument, Proc. No. 877, July 31, 1909, 36 Stat. 2498,
and Proc. No. 1435, Mar. 18, 1918, 40 Stat. 1760, was redesignated Zion National Park, see section 344 of
this title].—Proc. No. 2221, Jan. 22, 1937, 50 Stat. 1809.
MISCELLANEOUS NATIONAL MONUMENTS
Agate Fossil Beds National Monument, Nebraska.—
Pub. L. 89–33, June 5, 1965, 79 Stat. 123.
Alibates Flint Quarries National Monument, Texas.—
Pub. L. 89–154, Aug. 31, 1965, 79 Stat. 587. Name
changed from Alibates Flint Quarries and Texas
Panhandle Pueblo Culture National Monument by
Pub. L. 95–625, title III, § 321(c), Nov. 10, 1978, 92 Stat.
3488.
Congaree Swamp National Monument, South Carolina
[Monument redesignated Congaree National Park,
see section 410jjj of this title].
El Malpais National Monument, New Mexico.—Pub. L.
100–225, title I, §§ 101–104, Dec. 31, 1987, 101 Stat. 1539
(16 U.S.C. 460uu et seq.).
Florissant Fossil Beds National Monument, Colorado.—Pub. L. 91–60, Aug. 20, 1969, 83 Stat. 101.
Fossil Butte National Monument, Wyoming.—Pub. L.
92–537, Oct. 23, 1972, 86 Stat. 1069.
Hagerman Fossil Beds National Monument, Idaho.—
Pub. L. 100–696, title III, §§ 301–308, Nov. 18, 1988, 102
Stat. 4575, as amended by Pub. L. 101–512, title I,
Nov. 5, 1990, 104 Stat. 1923; Pub. L. 104–333, div. I,
title II, § 206, Nov. 12, 1996, 110 Stat. 4106; Pub. L.
106–421, Nov. 1, 2000, 114 Stat. 1870.
Hohokam Pima National Monument, Arizona.—Pub.
L. 92–525, Oct. 21, 1972, 86 Stat. 1047.
John Day Fossil Beds National Monument, Oregon.—
Pub. L. 93–486, title I, § 101(a)(2), Oct. 26, 1974, 88 Stat.
1461.
Kill Devil National Monument, North Carolina.—Act
Mar. 2, 1927, ch. 251, 44 Stat. 1264. Name change to
Wright Brothers National Memorial, Dec. 1, 1953.
Little Bighorn Battlefield National Monument, Montana.—Pub. L. 102–201, titles I, II, Dec. 10, 1991, 105
Stat. 1631.
Mount St. Helens National Volcanic Monument,
Washington.—Pub. L. 97–243, Aug. 26, 1982, 96 Stat.
301; Pub. L. 105–279, Oct. 23, 1998, 112 Stat. 2690.
National Military Working Dog Teams Monument,
Virginia—Pub. L. 110–181, div. B, title XXVIII, § 2877,
Jan. 28, 2008, 122 Stat. 563; Pub. L. 111–84, div. B, title
XXVIII, § 2871, Oct. 28, 2009, 123 Stat. 2696.
Newberry National Volcanic Monument, Oregon.—
Pub. L. 101–522, Nov. 5, 1990, 104 Stat. 2288.
Pecos National Monument, New Mexico [included in
Pecos National Historical Park by Pub. L. 101–313,
title II, § 202(b), June 27, 1990, 104 Stat. 278 (16 U.S.C.
410rr–1(b))].—Pub. L. 89–54, June 28, 1965, 79 Stat. 195;
repealed by Pub. L. 101–313, title II, § 202(c), June 27,
1990, 104 Stat. 278 (16 U.S.C. 410rr–1(c)).
Petroglyph National Monument, New Mexico.—Pub.
L. 101–313, title I, June 27, 1990, 104 Stat. 272, as
amended by Pub. L. 103–50, ch. IV, § 401, July 2, 1993,
107 Stat. 252; Pub. L. 104–333, div. I, title VIII,
§ 814(d)(2)(D), Nov. 12, 1996, 110 Stat. 4196; Pub. L.
105–174, title III, § 3005, May 1, 1998, 112 Stat. 82.
Poverty Point National Monument, Louisiana.—Pub.
L. 100–560, Oct. 31, 1988, 102 Stat. 2803.
Prehistoric Trackways National Monument, New Mexico.—Pub. L. 111–11, title II, §§ 2101–2105, Mar. 30, 2009,
123 Stat. 1096–1099.
Salinas Pueblo Missions National Monument, New
Mexico.—Pub. L. 96–550, title VI, § 601, Dec. 19, 1980,
94 Stat. 3231, as amended by Pub. L. 100–559, title I,
§ 101, Oct. 28, 1988, 102 Stat. 2797.

Page 468

MISCELLANEOUS NATIONAL MONUMENTS—CONTINUED
Santa Rosa and San Jacinto Mountains National
Monument, California.—Pub. L. 106–351, Oct. 24, 2000,
114 Stat. 1362; Pub. L. 106–434, § 2, Nov. 6, 2000, 114
Stat. 1913; Pub. L. 111–11, title I, § 1853, Mar. 30, 2009,
123 Stat. 1068.
NATIONAL MEMORIALS
AIDS Memorial Grove National Memorial, California.—Pub. L. 104–333, div. I, title V, § 516, Nov. 12,
1996, 110 Stat. 4170.
Arkansas Post National Memorial, Arkansas.—Pub. L.
86–595, July 6, 1960, 74 Stat. 333; Pub. L. 105–83, title
I, § 126, Nov. 14, 1997, 111 Stat. 1567.
Astronauts Memorial, John F. Kennedy Space Center,
Florida.—Recognized as national memorial to astronauts who die in line of duty by Pub. L. 102–41, May
8, 1991, 105 Stat. 242.
Battle of Midway National Memorial, Midway Atoll.—
Pub. L. 106–113, div. B, § 1000(a)(3) [title I, § 126], Nov.
29, 1999, 113 Stat. 1535, 1501A–164.
Benjamin Franklin National Memorial, Pennsylvania.—Designation of Benjamin Franklin Memorial
Hall as National Memorial by Pub. L. 92–551, Oct. 25,
1972, 86 Stat. 1164.
Bosque Redondo Memorial, New Mexico.—Pub. L.
106–511, title II, Nov. 13, 2000, 114 Stat. 2369; Pub. L.
108–204, title I, § 101, Mar. 2, 2004, 118 Stat. 543.
Buffalo Soldiers Memorial, Louisiana.—Pub. L.
109–152, Dec. 30, 2005, 119 Stat. 2887.
Chamizal National Memorial, Texas.—Pub. L. 89–479,
June 30, 1966, 80 Stat. 232.
Coronado National Memorial, Arizona.—Acts Aug. 18,
1941, ch. 365, § 1, 55 Stat. 630, and July 9, 1952, ch. 610,
66 Stat. 510 (16 U.S.C. 450y); Proc. No. 2995, Nov. 5,
1952, 67 Stat. C18.
Custis-Lee Mansion National Memorial, Virginia.—
Act Mar. 4, 1925, ch. 562, 43 Stat. 1356. Made permanent memorial by act June 29, 1955, ch. 223, 69 Stat.
190.
David Berger Memorial, Ohio.—Pub. L. 96–199, title I,
§ 116, Mar. 5, 1980, 94 Stat. 71.
Disabled American Veterans Vietnam Veterans National Memorial, New Mexico.—Recognized as a memorial of national significance by Pub. L. 100–164,
Nov. 13, 1987, 101 Stat. 905.
Father Marquette National Memorial, Michigan.—
Pub. L. 94–160, Dec. 20, 1975, 89 Stat. 848.
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, 69 Stat. 632.
Flight 93 National Memorial, Pennsylvania.—Pub. L.
107–226, Sept. 24, 2002, 116 Stat. 1345; Pub. L. 110–161,
div. F, title I, § 128, Dec. 26, 2007, 121 Stat. 2122.
Fort Caroline National Memorial, Florida.—Act Sept.
21, 1950, ch. 973, 64 Stat. 897. Established Jan. 16, 1953.
Franklin Delano Roosevelt National Memorial, District of Columbia.—Acts Aug. 11, 1955, ch. 833, 69
Stat. 694; Sept. 1, 1959, Pub. L. 86–214, 73 Stat. 445;
Oct. 18, 1962, Pub. L. 87–842, 76 Stat. 1079; Oct. 30,
1965, Pub. L. 89–305, 79 Stat. 1126; Sept. 8, 1970, Pub.
L. 91–398, 84 Stat. 837; June 30, 1972, Pub. L. 92–332, 86
Stat. 401; July 28, 1982, Pub. L. 97–224, 96 Stat. 243;
Oct. 1, 1996, Pub. L. 104–221, §§ 3, 4, 110 Stat. 3024; July
24, 1997, Pub. L. 105–29, 111 Stat. 246; Nov. 14, 1997,
Pub. L. 105–83, title III, § 335, 111 Stat. 1601.
Hamilton Grange National Memorial, New York.—
Pub. L. 87–438, Apr. 27, 1962, 76 Stat. 57, as amended
by Pub. L. 100–701, § 1, Nov. 19, 1988, 102 Stat. 4640;
Pub. L. 106–482, Nov. 9, 2000, 114 Stat. 2192.
House Where Lincoln Died National Memorial, District of Columbia.—Act June 11, 1896, ch. 420, 29
Stat. 439.
Johnstown Flood National Memorial, Pennsylvania.—
Pub. L. 88–546, Aug. 31, 1964, 78 Stat. 752; Pub. L.
108–313, Oct. 5, 2004, 118 Stat. 1196.

Page 469

§ 432

TITLE 16—CONSERVATION
NATIONAL MEMORIALS—CONTINUED

ALBERT EINSTEIN MEMORIAL

Lincoln Boyhood National Memorial, Indiana.—Pub.
L. 87–407, Feb. 19, 1962, 76 Stat. 9.
Lincoln Museum National Memorial, District of Columbia.—Act Apr. 7, 1866, ch. 28, § 1, 14 Stat. 23.
Lincoln National Memorial, District of Columbia.—
Act Feb. 9, 1911, ch. 42, 36 Stat. 898.
Mount Rushmore National Memorial, South Dakota.—
Act Feb. 25, 1929, ch. 315, 45 Stat. 1300.
Mt. Soledad Veterans Memorial, California.—Pub. L.
108–447, div. J, title I, § 116, Dec. 8, 2004, 118 Stat. 3346;
Pub. L. 109–272, Aug. 14, 2006, 120 Stat. 770; Pub. L.
109–364, div. A, title X, § 1071(d), Oct. 17, 2006, 120
Stat. 2401.
National D-Day Memorial, Virginia.—Pub. L. 104–201,
div. A, title X, § 1080, Sept. 23, 1996, 110 Stat. 2670.
National Fallen Firefighters’ Memorial, Maryland.—
Pub. L. 101–347, Aug. 9, 1990, 104 Stat. 398.
National Law Enforcement Officers Memorial, District of Columbia.—Establishment of Maintenance
Fund by Pub. L. 104–329, title II, § 201, Oct. 20, 1996,
110 Stat. 4011; Pub. L. 109–314, Oct. 6, 2006, 120 Stat.
1739.
National Medal of Honor Sites.—Pub. L. 106–83, Oct.
28, 1999, 113 Stat. 1293.
Patrick Henry National Memorial, Virginia.—Pub. L.
99–296, May 12, 1986, 100 Stat. 429.
Port Chicago National Memorial, California.—Pub. L.
102–562, title II, Oct. 28, 1992, 106 Stat. 4235; Pub. L.
111–84, div. B, title XXVIII, § 2853(a), Oct. 28, 2009, 123
Stat. 2685.
Prisoner of War/Missing in Action National Memorial,
California.—Pub. L. 108–454, title VI, § 601, Dec. 10,
2004, 118 Stat. 3623.
Richard L. Kohnstamm Memorial Area, Oregon.—Pub.
L. 111–11, title I, § 1202(b), Mar. 30, 2009, 123 Stat. 1009.
Seabees of the United States Navy Memorial.—Pub. L.
92–422, Sept. 18, 1972, 86 Stat. 678.
Signers of the Declaration of Independence Memorial,
District of Columbia.—Pub. L. 95–260, Apr. 17, 1978, 92
Stat. 197.
Thomas Jefferson National Memorial, District of Columbia.—Act June 26, 1934, ch. 763, 48 Stat. 1243.
United States Marine Corps Memorial, Virginia.—Act
July 1, 1947, ch. 196, 61 Stat. 242, as amended July 7,
1952, ch. 585, 66 Stat. 441; June 16, 1953, ch. 120, 67
Stat. 64.
United States National Civil Defense Monument,
Maryland.—Authorized by Pub. L. 106–103, Nov. 13,
1999, 113 Stat. 1482.
United States Navy Memorial, District of Columbia.—
Pub. L. 96–199, title I, § 113, Mar. 5, 1980, 94 Stat. 70.
U.S.S. Indianapolis Memorial, Indiana.—Pub. L.
103–160, div. A, title XI, § 1165, Nov. 30, 1993, 107 Stat.
1765.
USS Oklahoma Memorial, Hawaii.—Pub. L. 109–163,
div. A, title X, § 1017, Jan. 6, 2006, 119 Stat. 3425.
Vietnam Veterans Memorial, District of Columbia.—
Pub. L. 96–297, July 1, 1980, 94 Stat. 827, as amended
by Pub. L. 106–214, § 1, June 15, 2000, 114 Stat. 335;
Pub. L. 108–126, title I, § 101, Nov. 17, 2003, 117 Stat.
1348; Pub. L. 111–270, § 1, Oct. 12, 2010, 124 Stat. 2851.
Washington Monument National Memorial, District of
Columbia.—Act Aug. 2, 1876, ch. 250, § 1, 19 Stat. 123.
White Cross World War I Memorial, California.—Pub.
L. 107–117, div. A, title VIII, § 8137, Jan. 10, 2002, 115
Stat. 2278; Pub. L. 108–87, title VIII, § 8121, Sept. 30,
2003, 117 Stat. 1100.
World War II Memorial, Guam.—Pub. L. 106–398, § 1
[div. B, title XXVIII, § 2886], Oct. 30, 2000, 114 Stat.
1654, 1654A–441, as amended by Pub. L. 107–107, div. B,
title XXVIII, § 2868, Dec. 28, 2001, 115 Stat. 1334.
Wright Brothers National Memorial, North Carolina.—Kill Devil Hill National Monument authorized
by act Mar. 2, 1927, ch. 251, 44 Stat. 1264. Name
changed to Wright Brothers National Memorial,
Dec. 1, 1953.

Conveyance of property to National Academy of Sciences for erection and maintenance of a Memorial to
Albert Einstein on south side of Square Numbered 88
between 21st Street, 22d Street, and Constitution Avenue, District of Columbia, with reverter of title when
no longer used for memorial purposes or public access
is restricted, was authorized by Pub. L. 95–625, title VI,
§ 612, Nov. 10, 1978, 92 Stat. 3521, as amended Pub. L.
96–87, title IV, § 401(o), Oct. 12, 1979, 93 Stat. 666.
STUDY TO ADD ALASKA AND HAWAII TO LINCOLN
NATIONAL MEMORIAL
Pub. L. 94–556, Oct. 19, 1976, 90 Stat. 2632, directed Secretary of the Interior to study feasibility of and make
recommendations for recognition at an appropriate
place at Lincoln National Memorial of the addition to
the Union of the States of Alaska and Hawaii, directed
that recommendations, after review and approval by
Commission of Fine Arts, National Capital Planning
Commission, and Advisory Council on Historic Preservation, be submitted to Committees on Interior and Insular Affairs of the Senate and the House of Representatives, and, if neither committee adopted a resolution
of disapproval, directed Secretary to carry out recommendations.

§ 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, 64 Stat. 849.)
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 sections 406 to 406d of this title, is set out as sections 406d–1 and 451a of this title.
REPEAL OF INCONSISTENT LAWS
Repeal of laws inconsistent with act Sept. 14, 1950, see
note set out under section 406d–1 of this title.

§ 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 sections
431 and 433 of this title.
(June 8, 1906, ch. 3060, §§ 3, 4, 34 Stat. 225; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

§ 433

TITLE 16—CONSERVATION
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, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with permits issued under sections 431, 432 and 433 of
this title and such functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with removal of objects of antiquity under sections 431, 432, and 433 with
respect to pre-construction, construction, and initial
operation of transportation system for Canadian and
Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1
of 1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix
to Title 5, Government Organization and Employees.
Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102–486, set out as
an Abolition of Office of Federal Inspector note under
section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section
720d(f) of Title 15.
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.

§ 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, 34 Stat. 225.)
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with permits issued under sections 431, 432, and 433 of
this title and such functions of Secretary or other offi-

Page 470

cial in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with removal of objects of antiquity under sections 431, 432, and 433 with
respect to pre-construction, construction, and initial
operation of transportation system for Canadian and
Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1
of 1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix
to Title 5, Government Organization and Employees.
Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102–486, set out as
an Abolition of Office of Federal Inspector note under
section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section
720d(f) of Title 15.

§ 433a. Perry’s Victory and International Peace
Memorial; establishment
The President of the United States is authorized to establish by proclamation the followingdescribed Government lands, together with the
Perry’s Victory Memorial proper, its approaches, retaining walls, and all buildings,
structures, and other property thereon, situated
in Put-in-Bay Township, South Bass Island, Ottawa County, Lake Erie, State of Ohio, as the
‘‘Perry’s Victory and International Peace Memorial’’, for the preservation of the historical
associations connected therewith, to inculcate
the lessons of international peace by arbitration
and disarmament, and for the benefit and enjoyment of the people: Commencing at the intersection of the middle line of Delaware Avenue and
Chapman Avenue, in the village of Put-in-Bay,
and running thence south eighty-eight degrees
fifty-nine minutes east in the middle line of said
Delaware Avenue, and the same extended four
hundred and ninety-five feet to Lake Erie;
thence north forty-nine degrees fifty-nine minutes east along said lake shore three hundred
and forty-six feet; thence north forty-three degrees fourteen minutes east along said lake
shore two hundred and twelve feet; thence north
fifty-three degrees thirteen minutes east four
hundred feet along said lake shore; thence north
forty-six degrees six minutes west about seven
hundred and thirty feet to Lake Erie; thence
southwesterly and westerly along said lake
shore to the middle line, extended, of said Chapman Avenue; thence south one degree thirty
minutes west along said middle line, and the
same extended, about five hundred and twenty
feet to the place of beginning, and containing
fourteen and twenty-five one-hundredths acres
of land and known as a part of lots numbered 1
and 2, range south of county road, and a part of
lot numbered 12, East Point, in South Bass Island, in the township of Put-in-Bay, county of
Ottawa, State of Ohio.
(June 2, 1936, ch. 477, § 1, 49 Stat. 1393; Pub. L.
92–568, § 1, Oct. 26, 1972, 86 Stat. 1181.)
CHANGE OF NAME
‘‘Perry’s Victory and International Peace Memorial’’
substituted in text for ‘‘Perry’s Victory and Inter-

Page 471

§ 433f–1

TITLE 16—CONSERVATION

national Peace Memorial National Monument’’ to conform to the redesignation provided in section 1 of Pub.
L. 92–568, classified to section 433f–1 of this title.
ESTABLISHMENT OF MEMORIAL; BOUNDARIES
Memorial and boundaries established by Presidential
Proc. No. 2182, July 6, 1936, 50 Stat. 1734.

§ 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 sections 1, 2, 3, and 4 of
this title, as amended.
(June 2, 1936, ch. 477, § 2, 49 Stat. 1394; Pub. L.
92–568, § 1, Oct. 26, 1972, 86 Stat. 1181.)
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 Pub. L. 92–568, classified
to section 433f–1 of this title.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 433c. Acceptance of donations of lands and
funds; acquisition of land
After the said peace memorial has been established as provided in section 433a of this title
the Secretary of the Interior is authorized to accept donations of land, interests in land, buildings, structures, and other property as may be
donated for the extension and improvement of
the said peace memorial, and donations of funds
for the purchase and maintenance thereof, the
title and evidence of title to lands acquired to be
satisfactory to the Secretary of the Interior:
Provided, That he may acquire on behalf of the
United States out of any donated funds by purchase when purchasable at prices deemed by him
reasonable, otherwise by condemnation under
the provisions of section 3113 of title 40, such
tracts of land within the said peace memorial as
may be necessary for the completion thereof.
The Secretary of the Interior is authorized to
purchase with appropriated funds not to exceed
four acres of land, or interests in land, for addition to the Perry’s Victory and International
Peace Memorial.
(June 2, 1936, ch. 477, § 3, 49 Stat. 1394; Pub. L.
92–568, §§ 1, 2, Oct. 26, 1972, 86 Stat. 1181, 1182.)
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and
Works.
AMENDMENTS
1972—Pub. L. 92–568, § 2, authorized acquisition of an
additional four acres of land.

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 Pub. L. 92–568, classified
to section 433f–1 of this title.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
AUTHORIZATION OF APPROPRIATIONS
Section 4 of Pub. L. 92–568, as amended by Pub. L.
95–625, title I, § 101(21), Nov. 10, 1978, 92 Stat. 3472; Pub.
L. 98–141, § 7(a), Oct. 31, 1983, 97 Stat. 910; Pub. L. 98–181,
title I, § 1401, Nov. 30, 1983, 97 Stat. 1294, provided that:
‘‘There are authorized to be appropriated such sums as
may be necessary to carry out the purposes of this Act
[enacting section 433f–1, amending sections 433a to 433c
and 433e, and repealing section 433d of this title, and
enacting provisions set out as a note hereunder], but
not more than $370,000 shall be appropriated for the acquisition of lands and interests in lands and not more
than $10,500,000 shall be appropriated for development.
The sums authorized in this section shall be available
for acquisition and development undertaken subsequent to the approval of this Act [such sections].’’

§ 433d. Repealed. Pub. L. 92–568, § 3(2), Oct. 26,
1972, 86 Stat. 1182
Section, act June 2, 1936, ch. 477, § 4, 49 Stat. 1394, provided that members of Perry’s Victory Memorial Commission created by act Mar. 3, 1919, ch. 116, 40 Stat.
1322, act as a board of advisors, and also provided for
number of members, method of filling vacancies, and
travel expenses but no compensation for the members.

§ 433e. Repealed. Pub. L. 98–141, § 7(b), Oct. 31,
1983, 97 Stat. 910
Section, acts June 2, 1936, ch. 477, § 5, 49 Stat. 1395;
Oct. 26, 1972, Pub. L. 92–568, § 1, 86 Stat. 1181, provided
that employees of the Perry’s Victory Memorial Commission on June 2, 1936, could, in the discretion of the
Secretary of the Interior, be employed by the National
Park Service in the administration, protection, and development of the memorial.

§ 433f. Inconsistent laws repealed
The provisions of the Act of March 3, 1919 (ch.
116, 40 Stat. 1322–1324), and Acts supplemental
thereof and amendatory thereto and all other
Acts inconsistent with the provisions of section
433a to 433f of this title are repealed to the extent of such inconsistency.
(June 2, 1936, ch. 477, § 6, 49 Stat. 1395.)
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 section 433a of this title, is redesignated the Perry’s Victory and International Peace Memorial.

§ 433g

TITLE 16—CONSERVATION

(Pub. L. 92–568, § 1, Oct. 26, 1972, 86 Stat. 1181.)
§ 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, 49 Stat. 1373; Sept. 20,
1950, ch. 957, § 1, 64 Stat. 869; Pub. L. 85–401, § 1,
May 16, 1958, 72 Stat. 110.)
AMENDMENTS
1958—Pub. L. 85–401 increased maximum acreage from
one hundred acres to two hundred and fifty acres.
1950—Act Sept. 20, 1950, increased maximum acreage
from eighty to one hundred acres.
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 [sections 433g,
433h, 433i, and 433j of this title], for this procurement of
land and interests in land for the national monument.’’

Page 472

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 section 3113 of title 40, such tracts
of land within the said national monument as
may be necessary for the completion thereof.
(May 26, 1936, ch. 451, § 2, 49 Stat. 1373.)
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and
Works.

§ 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 section 433g of this title, the site
known as the Bloody Marsh Battle memorial
monument located on Saint Simon Island, Georgia, together with such additional land, including the marshland across the river to the west of
Fort Frederica National Monument, or interest
in land, as in the judgment of the Secretary of
the Interior might be desirable for the protection of such national monument. Such lands or
interest in lands acquired by the Secretary pursuant to this section shall be made a part of the
Fort Frederica National Monument.
(Pub. L. 85–401, § 2, May 16, 1958, 72 Stat. 110.)
APPROPRIATIONS

LAND EXCHANGE AND BOUNDARY ADJUSTMENT
Pub. L. 108–417, Nov. 30, 2004, 118 Stat. 2339, provided
that:
‘‘SECTION 1. EXCHANGE OF LANDS.
‘‘(a) IN GENERAL.—Notwithstanding section 5(b) of
Public Law 90–401 (16 U.S.C. 460l–22(b)), the Secretary of
the Interior is authorized to convey to Christ Church of
St. Simons Island, Georgia, the approximately 6.0 acres
of land within the boundary of Fort Frederica National
Monument adjacent to Christ Church and depicted as
‘NPS Lands for Exchange’ on the map entitled ‘Fort
Frederica National Monument 2003 Boundary Revision’
numbered 369/80016, and dated April 2003, in exchange
for approximately 8.7 acres of land to be acquired by
Christ Church, which is depicted as ‘Private Lands for
Addition’ on the same map.
‘‘(b) MAP AVAILABILITY.—The map referred to in subsection (a) shall be on file and available for public inspection in the appropriate offices of the National Park
Service.
‘‘SEC. 2. BOUNDARY ADJUSTMENT.
‘‘Upon completion of the land exchange under subsection (a) of section 1, the Secretary of the Interior
shall revise the boundary of Fort Frederica National
Monument to reflect the exchange and shall administer
the land acquired through the exchange as part of that
monument.’’

Section 3 of Pub. L. 85–401 provided that: ‘‘There are
hereby authorized to be appropriated, out of any money
in the Treasury not otherwise appropriated, such
amounts, not to exceed $20,000, as may be necessary to
carry out the provisions of this Act [this section].’’

§ 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.

§ 433h. Donation of property; acquisition of lands

(May 26, 1936, ch. 451, § 3, 49 Stat. 1373.)

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

§ 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,

Page 473

§ 434

TITLE 16—CONSERVATION

subject to the provisions of sections 1, 2, 3, and
4 of this title, as amended.
(May 26, 1936, ch. 451, § 4, 49 Stat. 1373.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 49 Stat. 2028; Pub.
L. 87–471, May 31, 1962, 76 Stat. 90.)
CHANGE OF NAME

cent to the existing site and a right-of-way
thereto from United States Highway 410, using
therefor any land acquisition funds available for
the purposes of the national park system, such
property to be acquired in such manner as the
Secretary shall consider to be in the public interest. Following the acquisition by the United
States of land for addition to the site pursuant
to this section, such addition shall be effective
in each instance upon the publication of notice
thereof in the Federal Register.
(Pub. L. 85–388, May 1, 1958, 72 Stat. 101; Pub. L.
87–471, May 31, 1962, 76 Stat. 90.)
CHANGE OF NAME
‘‘Whitman Mission National Historic Site’’ and ‘‘site’’
substituted in text for ‘‘Whitman National Monument’’
and ‘‘monument’’, respectively, pursuant to Pub. L.
87–471, which redesignated Whitman National Monument as Whitman Mission National Historic Site, classified to section 433n of this title.

§ 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, 49 Stat. 2029; Pub. L.
87–471, May 31, 1962, 76 Stat. 90.)
CHANGE OF NAME
‘‘Whitman National Monument’’ redesignated ‘‘Whitman Mission National Historic Site’’ by Pub. L. 87–471,
set out as section 433n of this title.

§ 433m. Authorization of appropriation
There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of sections 433k and 433l of this title.
(June 29, 1936, ch. 863, § 4, 49 Stat. 2029.)
§ 433n. Change in name of Whitman National
Monument

‘‘Whitman Mission National Historic Site’’ and ‘‘national historic site’’ substituted in text for ‘‘Whitman
National Monument’’ and ‘‘national monument’’, respectively, pursuant to Pub. L. 87–471, which redesignated Whitman National Monument as Whitman Mission National Historic Site. See section 433n of this
title.

Effective January 1, 1963, the Whitman National Monument, established pursuant to sections 433k, 433l and 433m of this title, shall be
known as the Whitman Mission National Historic Site.

TRANSFER OF FUNCTIONS

§ 434. National monument in Riverside County,
California

For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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 adja1 So

in original.

(Pub. L. 87–471, May 31, 1962, 76 Stat. 90.)

The Secretary of the Interior is authorized to
set apart the following-described lands located
in the county of Riverside, in the State of California, as a national monument, which shall be
under the exclusive control of the Secretary of
the Interior, who shall administer and protect
the same under the provisions of sections 431, 432
and 433 of this title, and under such regulations
as he may prescribe: The west half of the southwest quarter of section 2, the southeast quarter
of section 3, all of section 10, the west half of the
northwest quarter of section 11, all of section 14,
all in township 5 south, range 4 east, San
Bernardino base and meridian, containing one
thousand six hundred acres: Provided, That before such reservation and dedication as herein

§ 435

TITLE 16—CONSERVATION

authorized shall become effective the consent
and relinquishment of the Agua Caliente Band
of Indians shall first be obtained, covering its
right, title, and interest in and to the lands
herein described, and payment therefor to the
members of said band on a per capita basis, at a
price to be agreed upon, when there shall be donated for such purposes to the Secretary of the
Interior a fund in an amount to be fixed and determined by him as sufficient to compensate the
Indians therefor.
(Aug. 26, 1922, ch. 295, § 1, 42 Stat. 832.)
§ 435. Acquiring reservation land
In order to determine the amount to be paid
under section 434 of this title the Secretary of
the Interior is authorized and directed to negotiate with said Indians to obtain their consent
and relinquishment, and when such consent and
relinquishment has been obtained and an agreement reached the Secretary of the Interior is
further authorized to make payment from said
donated fund for the lands relinquished to the
enrolled members of the said Agua Caliente
Band as authorized by section 434 of this title.
The consent and relinquishment of the Indians
may be obtained and payment made for the
lands in such manner as the Secretary of the Interior may deem advisable. The water rights,
dam, pipe lines, canals, and irrigation structures
located in sections 2 and 3 of township 5 south,
range 4 east, San Bernardino meridian, and also
all water and water rights in Palm Canyon, are
excepted from this reserve and shall remain
under the exclusive control and supervision of
the Bureau of Indian Affairs. The provisions of
the Federal Power Act [16 U.S.C. 791a et seq.]
shall not apply to this monument.
(Aug. 26, 1922, ch. 295, §§ 2, 3, 42 Stat. 832.)
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 section 791a of
this title. The Federal Power Act is act June 10, 1920,
ch. 285, 41 Stat. 1063, as amended, and is classified generally to chapter 12 (§ 791a et seq.) of this title. For
complete classification of this Act to the Code, see section 791a of this title and Tables.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 436. Omitted
CODIFICATION
Section, act Apr. 9, 1924, ch. 86, § 3, 43 Stat. 90, related
to transfer by Secretary of Agriculture to Secretary of
the Interior for road purposes of part of material,
equipment and supplies received from Secretary of
War.

Page 474

§ 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 ‘‘StarSpangled Banner’’ written by Francis Scott Key,
and he is further authorized and directed, as are
his successors, to hold the said Fort McHenry in
perpetuity as a military reservation, national
monument and historic shrine, and to maintain
it as such, except that part mentioned in section
439 of this title, and that part in use on March
3, 1925, by the Department of Commerce for a
light and fog-signal station under revocable license from the Interior Department with the
maintenance of the electric lines thereto and
such portion of the reservation, including improvement, as may be reserved by the Secretary
of the Army for the use of the Chief of Engineers, the said reservation to be maintained as
a national public monument, subject to such
regulations as may from time to time be issued
by the Secretary of the Interior.
(May 26, 1914, ch. 100, 38 Stat. 382; Mar. 3, 1925,
ch. 425, 43 Stat. 1109; Ex. Ord. No. 6166, § 2, June
10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933; Aug.
11, 1939, ch. 686, 53 Stat. 1405; July 26, 1947, ch.
343, title II, § 205(a), 61 Stat. 501.)
CODIFICATION
This section and sections 438 to 440 of this title were
derived from act Mar. 3, 1925, which was entitled ‘‘An
act to repeal and reenact chapter 100, 1914, Public,
Numbered 108, to provide for the restoration of Fort
McHenry, in the State of Maryland, and its permanent
preservation as a national park and perpetual national
memorial shrine as the birthplace of the immortal
‘Star-Spangled Banner,’ written by Francis Scott Key,
for the appropriation of the necessary funds, and for
other purposes.’’ The enacting clause reads as follows:
‘‘Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an Act authorizing the Secretary of War
to grant the use of the Fort McHenry Military Reservation in the State of Maryland to the mayor and city
council of Baltimore, a municipal corporation of the
State of Maryland, making certain provisions in connection therewith, providing access to and from the
site of the new immigration station heretofore set
aside be, and hereby is, repealed and reenacted to read
as follows:’’.
As reenacted in 1925 this section recites that Fort
McHenry is ‘‘now’’ occupied and used as a military reservation and authorized the restoration ‘‘so soon as it
may no longer be needed for uses and needs growing out
of the late war.’’ The foregoing provisions have been
omitted as temporary.
The words of this section ‘‘on March 3, 1925’’ refer to
the date of passage of the Act.
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 section 440a of
this title.
Department of War designated Department of the
Army and title of Secretary of War changed to Sec-

Page 475

§ 440

TITLE 16—CONSERVATION

retary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
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 section
901 of Title 5, Government Organization and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, by act Mar. 2, 1934, ch. 38, § 1, 48 Stat.
389.
TERMINATION OF WAR AND EMERGENCIES
Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of these sections, the
date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by
Congress and of the national emergencies proclaimed
by the President on Sept. 8, 1939, and May 27, 1941.

§ 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, 38 Stat. 382; Mar. 3, 1925,
ch. 425, 43 Stat. 1109; Ex. Ord. No. 6166, § 2, June
10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.)
CODIFICATION
This section and sections 437, 439, and 440 of this title
were derived from act Mar. 3, 1925. See Codification
note set out under section 437 of this title.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 437 of this title.
TERMINATION OF WAR AND EMERGENCIES
Termination of state of war and national emergencies, see note set out under section 437 of this title.

§ 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 con-

nection with land acquired from the Baltimore
and Ohio Railroad Company, have access to and
from said immigration station and grounds over
the right-of-way so acquired to the city streets
and railroads beyond, the Secretary of the
Treasury to have the same power to construct,
contract for, and arrange for railroad and other
facilities upon said outlet as fully as provided in
the Act approved March 4, 1913, chapter 147,
Thirty-seventh Statutes 889, setting aside a site
for an immigration station and providing for an
outlet therefrom, but the Interior Department
shall have equal use of the railroad track and
other roads so constructed, over which to reach
the city streets and railroads beyond from the
other part of the fort grounds.
(May 26, 1914, ch. 100, 38 Stat. 382; Mar. 3, 1925,
ch. 425, 43 Stat. 1109; Ex. Ord. No. 6166, § 2, June
10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933; June
5, 1936, ch. 528, 49 Stat. 1484.)
REFERENCES IN TEXT
The Act approved March 4, 1913, chapter 147, Thirtyseventh Statutes 889, referred to in text, was a building
authorization statute. The portion of the Act covering
the Fort McHenry work was section 29, which section
was not classified to the Code.
CODIFICATION
This section and sections 437, 438, and 440 of this title
were derived from act Mar. 3, 1925. See Codification
note set out under section 437 of this title.
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 section 437 of this title.
TERMINATION OF WAR AND EMERGENCIES
Termination of state of war and national emergencies, see note set out under section 437 of this title.

§ 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, 38 Stat. 382; Mar. 3, 1925,
ch. 425, 43 Stat. 1109; Ex. Ord. No. 6166, § 2, June
10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.)
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 sections 437 to 439 of this title were
derived from act Mar. 3, 1925. See Codification note set
out under section 437 of this title.
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note
set out under section 437 of this title.
TERMINATION OF WAR AND EMERGENCIES
Termination of state of war and national emergencies, see note set out under section 437 of this title.

§ 440a

TITLE 16—CONSERVATION

§ 440a. Change in name of Fort McHenry Park
The Fort McHenry National Park, in the State
of Maryland, authorized by sections 437 to 440 of
this title, shall hereafter be called and known as
the ‘‘Fort McHenry National Monument and
Historic Shrine’’, and all moneys heretofore or
hereafter appropriated for this area under previous designations may be used in this area as
redesignated.
(Aug. 11, 1939, ch. 686, 53 Stat. 1405.)
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’’ (now ‘‘Abraham Lincoln Birthplace
National Historical Park’’) is set out as section 217 of
this title.

§ 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, 45 Stat. 1553; Pub. L.
95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
REFERENCES IN TEXT
Hereinafter, referred to in text, means act Mar. 4,
1929 which is classified to sections 441 to 441e of this
title. For classification of this Act to the Code, see
Tables.
CHANGE OF NAME
Words ‘‘park’’ and ‘‘Park’’ substituted in text for
‘‘monument’’ and ‘‘Monument’’, respectively, pursuant
to Pub. L. 95–625, § 611, which is classified to section
441e–1 of this title and which redesignated the Badlands
National Monument as the Badlands National Park.
BEN REIFEL VISITOR CENTER
Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1923, provided in part that: ‘‘hereafter the Cedar Pass Visitor
Center at Badlands National Park, South Dakota, shall
be known as the Ben Reifel Visitor Center’’.

§ 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 onefourth 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;

Page 476

thence west three-fourths mile; thence south
one-fourth mile; thence west one-fourth mile;
thence north one-fourth mile; thence west onefourth 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 onefourth 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 onefourth 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 onefourth 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 onefourth mile; thence east one mile; thence south
one-fourth mile; thence east one and threefourths 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 onefourth mile; thence south one-fourth mile;
thence east one-fourth mile; thence south onefourth 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.

Page 477

§ 441e

TITLE 16—CONSERVATION

Thence north one-half mile; thence east threefourths 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 onefourth mile; thence south one-fourth mile;
thence east one-half mile; thence south onefourth 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 onefourth 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 onefourth 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.

section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.

(Mar. 4, 1929, ch. 693, § 2, 45 Stat. 1554; Pub. L.
95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)

For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

CHANGE OF NAME
‘‘Park’’ substituted for ‘‘Monument’’ in first undesignated par. pursuant to Pub. L. 95–625, § 611, which is
classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
EXTENSION OF BOUNDARIES
Act June 26, 1936, ch. 842, title II, § 1, 49 Stat. 1979,
provided that the boundaries of the Badlands National
Monument as established by this section shall be ‘‘extended to include such lands adjacent or contiguous
thereto, in the State of South Dakota, including, but
not being restricted to, lands designated as submarginal by the Resettlement Administration, as may be
determined by the President, by proclamation, within
five years following the approval of this Act, to be necessary for the proper rounding out of the boundaries of
said Monument or the administration thereof, providing the entire area of such Monument shall not exceed
250,000 acres.’’
LAWS APPLICABLE
The provisions of sections 1, 2, 3, and 4 of this title
were made applicable to the above added lands by act
June 26, 1936, ch. 842, title II, § 2, 49 Stat. 1979.

§ 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, 45 Stat. 1555; Pub. L.
95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
CHANGE OF NAME
Word ‘‘park’’ substituted in text for ‘‘monument’’
pursuant to Pub. L. 95–625, § 611, which is classified to

§ 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 sections 1, 2, 3, and 4 of
this title: Provided, That in advance of the fulfillment of the conditions herein the Secretary
of the Interior may grant franchises for hotel
and for lodge accommodations under the provisions of this section.
(Mar. 4, 1929, ch. 693, § 4, 45 Stat. 1555; Pub. L.
95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
CHANGE OF NAME
‘‘Park’’ substituted in text for ‘‘Monument’’ pursuant
to Pub. L. 95–625, § 611, which is classified to section
441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
TRANSFER OF FUNCTIONS

§ 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, 45 Stat. 1555; Pub. L.
95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
CHANGE OF NAME
Word ‘‘park’’ substituted in text for ‘‘monument’’
pursuant to Pub. L. 95–625, § 611, which is classified to
section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.

§ 441e. Effective date of sections 441 to 441d
Sections 441 to 441d of this title shall become
effective if and when all of the above conditions
shall have been fully complied with to the satisfaction of the President of the United States,
who shall then issue a proclamation declaring
that the conditions precedent herein required
have been complied with, and said proclamation
shall formally dedicate and set aside the areas
herein described in accordance with the provisions of section 441 of this title.
(Mar. 4, 1929, ch. 693, § 6, 45 Stat. 1555.)

§ 441e–1

TITLE 16—CONSERVATION
PROCLAMATION NO. 2320

Proclamation declaring that conditions precedent required by sections 441 to 441d of this title have been
complied with, and formally dedicating and setting
aside the areas therein described was issued by the
President on Jan. 25, 1939. See Proc. No. 2320, Jan. 25,
1939, 4 F.R. 457, 53 Stat. 2521.

§ 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 (53
Stat. 2521), shall henceforth be known as the
‘‘Badlands National Park’’.
(Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92
Stat. 3521.)
§ 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 sections 441f to 441i of this
title, shall not exceed its area of approximately
one hundred fifty-four thousand one hundred
and nineteen acres as of May 7, 1952.
(May 7, 1952, ch. 244, § 1, 66 Stat. 65; Pub. L.
95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
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 Pub. L. 95–625, § 611, which is classified to section
441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.

§ 441g. Orders to effectuate revision of boundaries; publication
The revision of boundaries of the national
park, as authorized in section 441f of this title,
shall be accomplished by the issuance, by the
Secretary of the Interior, of an appropriate
order, or orders, such order or orders to be effective upon publication in the Federal Register:
Provided, That federally owned land under the
administrative jurisdiction of any other department or agency of the Federal Government shall
be included within the park only with the approval of the head of such department or agency.
(May 7, 1952, ch. 244, § 2, 66 Stat. 65; Pub. L.
95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
REFERENCES IN TEXT
Section 441f of this title, referred to in text, was in
the original ‘‘sections 1 and 5 of this Act’’. Section 1 of
the Act is classified to section 441f of this title. Section
5 is probably a reference to section 5 of the original
bill, which would have authorized the inclusion of up to
4,000 acres of the Pine Ridge Indian Reservation within

Page 478

the Badlands National Monument. Such section 5 was
stricken from the bill by Senate amendment, and as enacted the Act contained only four sections.
CHANGE OF NAME
Word ‘‘park’’ substituted in text for ‘‘monument’’
pursuant to Pub. L. 95–625, § 611, which is classified to
section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.

§ 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 [7 U.S.C.
1010 et seq.] and the related provisions of title IV
thereof: Provided, That all of such lands formerly set apart and reserved from the public domain shall be subject to the mining and minerals-leasing laws: And provided further, That
any disposition of any such lands formerly set
apart and reserved from the public domain shall
be evidenced by patents issued by the Secretary
of the Interior.
(May 7, 1952, ch. 244, § 3, 66 Stat. 65; Pub. L.
95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
REFERENCES IN TEXT
The Bankhead-Jones Farm Tenant Act, referred to in
text, is act July 22, 1937, ch. 517, 50 Stat. 522, as amended. Title III of the Act is classified generally to subchapter III (§ 1010 et seq.) of chapter 33 of Title 7, Agriculture. Title IV thereof, referred to in text, which was
classified to sections 1014 to 1029 of title 7, was repealed
by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, and by
Pub. L. 87–128, title III, § 341(a), Aug. 8, 1961, 75 Stat. 318.
For complete classification of this Act to the Code, see
section 1000 of Title 7 and Tables.
CHANGE OF NAME
Word ‘‘park’’ substituted in text for ‘‘monument’’
pursuant to Pub. L. 95–625, § 611, which is classified to
section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.

§ 441i. Exchanges of land
In order that exchanges of land may be effectuated for the purposes of sections 441f to 441i of
this title, the Secretary of the Interior is authorized, in his discretion and in accordance
with the provisions of sections 3111 and 3112 of
title 40, to accept, on behalf of the United
States, title to any land or interests in land
within the exterior boundaries of the Badlands
National Park as revised pursuant to sections
441f to 441i of this title, and, in exchange therefor, with the approval and concurrence of the
Secretary of Agriculture, the Secretary of the
Interior may patent lands of approximately
equal value which were formerly set apart and
reserved from the public domain within the Badlands Fall River soil conservation project,
SD–LU–1. In effectuating such exchanges, in lieu
of conveyances by the Secretary of the Interior,
the Secretary of Agriculture may convey lands
of approximately equal value within said project
which have been acquired heretofore by the
United States. All such exchanges shall, in all

Page 479

other respects, be considered as exchanges under
the provisions of section 32c,1 title III, of the
Bankhead-Jones Farm Tenant Act [7 U.S.C.
1011(c)] and shall otherwise be in accordance
with provisions of said Act [7 U.S.C. 1000 et seq.];
except that, upon acceptance of title to any
lands so acquired by the United States under
this section, such lands and any other lands acquired otherwise by the United States within
the park boundaries shall be a part of that area.
In consummating land exchanges hereunder
upon an equitable basis, patents and instruments of conveyance may be issued, and property may be accepted, by the United States, subject to such reservations as may be necessary or
in the public interest.
(May 7, 1952, ch. 244, § 4, 66 Stat. 66; Pub. L.
95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
REFERENCES IN TEXT
The Bankhead-Jones Farm Tenant Act, referred to in
text, is act July 22, 1937, ch. 517, 50 Stat. 522, as amended, which is classified generally to chapter 33 (§ 1000 et
seq.) of Title 7, Agriculture. For complete classification
of this Act to the Code, see section 1000 of Title 7 and
Tables.
CODIFICATION
‘‘Sections 3111 and 3112 of title 40’’ substituted in text
for ‘‘section 355 of the Revised Statutes’’ on authority
of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the
first section of which enacted Title 40, Public Buildings, Property, and Works.
CHANGE OF NAME
Words ‘‘Park’’ and ‘‘park’’ substituted in text for
‘‘Monument’’ and ‘‘monument’’, respectively, pursuant
to Pub. L. 95–625, § 611, which is classified to section
441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.

§ 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.
(Pub. L. 90–468, § 1, Aug. 8, 1968, 82 Stat. 663; Pub.
L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat.
3521.)
CHANGE OF NAME
Words ‘‘Park’’ and ‘‘park’’ substituted in text for
‘‘Monument’’ and ‘‘monument’’, respectively, pursuant
to Pub. L. 95–625, § 611, which is classified to section
441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
1

§ 441l

TITLE 16—CONSERVATION

So in original. Probably should be ‘‘32(c),’’.

§ 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 section 441l of this
title, the Secretary of the Interior may acquire
only rights-of-way and scenic easements.
(Pub. L. 90–468, § 2, Aug. 8, 1968, 82 Stat. 663; Pub.
L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat.
3521.)
CHANGE OF NAME
Word ‘‘park’’ substituted in text for ‘‘monument’’
pursuant to Pub. L. 95–625, § 611, which is classified to
section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.

§ 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 section 441j of this
title are inside the boundaries of the Pine Ridge
Sioux Indian Reservation, (B) such lands are
also within a tract of land forty-three miles long
and twelve and one-half miles wide which is in
the north-western part of such Indian reservation and has been used by the United States Air
Force as a gunnery range since the early part of
World War II, (C) the tribal lands within such
gunnery range were leased by the Federal Government and the other lands within such gunnery range were purchased by the Federal Government from the individual owners (mostly Indians), (D) the Department of the Air Force has
declared most of such gunnery range lands excess to its needs and such excess lands have been
requested by the National Park Service under
chapters 1 to 11 of title 40 and division C (except
sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and
4711) of subtitle I of title 41, (E) the leased tribal
lands and the excess lands within the enlarged
Badlands National Park are needed for the park,
(F) the other excess lands in such gunnery range
should be restored to the former Indian owners
of such lands, and (G) the tribe is unwilling to
sell its tribal lands for inclusion in the national
park, but is willing to exchange them or interests therein for the excess gunnery range lands,
which, insofar as the lands within the gunnery
range formerly held by the tribe are concerned,

§ 441m

TITLE 16—CONSERVATION

should be returned to Indian ownership in any
event, the Congress hereby finds that such exchange would be in the national interest and authorizes the following actions:
(a) All Federal lands and interests in lands
within the Badlands Air Force gunnery range
that are outside the boundaries of the park and
that heretofore or hereafter are declared excess
to the needs of the Department of the Air Force
shall be transferred to the administrative jurisdiction of the Secretary of the Interior without
a transfer of funds.
(b) Any former Indian or non-Indian owner of
a tract of such land, whether title was held in
trust or fee, may purchase such tract from the
Secretary of the Interior under the following
terms and conditions:
(1) The purchase price to a former Indian
owner shall be the total amount paid by the
United States to acquire such tract and all interests therein, plus interest thereon from the
date of acquisition at a rate determined by the
Secretary of the Treasury taking into consideration the average market yield of all outstanding marketable obligations of the United
States at the time the tract was acquired by
the United States, adjusted to the nearest oneeighth 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

Page 480

filed for a tract the applicants must agree on
not more than five of the former owners who
shall make the purchase, and failing such
agreement all such applications for the tract
shall be rejected by the Secretary.
(7) ‘‘Former owner’’ means, for the purposes
of subsection (b) of this section, each person
from whom the United States acquired an interest in the tract, or if such person is deceased, his spouse, or if such spouse is deceased, his children.
(Pub. L. 90–468, § 3, Aug. 8, 1968, 82 Stat. 663; Pub.
L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat.
3521.)
CODIFICATION
In subpar. (D) of introductory provisions, ‘‘chapters 1
to 11 of title 40 and division C (except sections 3302,
3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of
title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949’’ on authority of Pub.
L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act
enacted Title 40, Public Buildings, Property, and
Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat.
3854, which Act enacted Title 41, Public Contracts.
CHANGE OF NAME
In provision preceding subsec. (a) and in subsec. (a),
‘‘Park’’ and ‘‘park’’ substituted for ‘‘Monument’’ and
‘‘monument’’, respectively, pursuant to Pub. L. 95–625,
§ 611, which is classified to section 441e–1 of this title
and which redesignated Badlands National Monument
as Badlands National Park.

§ 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 owners under section 441l(b) of
this title, and all lands that have been acquired
by the United States under authority of title II
of the National Industrial Recovery Act of June
16, 1933 (48 Stat. 200), and subsequent relief Acts,
situated within the Pine Ridge Indian Reservation, administrative jurisdiction over which has
heretofore been transferred by the President
from the Secretary of Agriculture to the Secretary of the Interior by Executive Order Numbered 7868, dated April 15, 1938, shall be subject
to the following provisions of this section.
(b) Purchases
Any former Indian owner of land that is within the Badlands Air Force gunnery range and
outside the boundaries of the park and that has
not been declared excess to the needs of the Department of the Air Force on August 8, 1968,
may, within the period specified in section
441l(b)(5) of this title, elect (i) to purchase an
available tract of land described in subsection
(a) of this section of substantially the same
value, or (ii) to purchase the tract formerly
owned by him at such time as such tract is declared excess and transferred to the Secretary of
the Interior as provided in section 441l(a) of this
title.

Page 481

§ 441o

TITLE 16—CONSERVATION

(c) Life estates and use restrictions
Any former Indian owner of a tract of land
within the boundaries of the park that was acquired by the United States for the Badlands Air
Force gunnery range, and that is transferred to
the Secretary of the Interior pursuant to section
441k of this title, may, within the period specified in section 441l(b)(5) of this title, elect (i) to
acquire from the Secretary of the Interior a life
estate in such tract at no cost, subject to restrictions on use that may be prescribed in regulations applicable to the park, or (ii) to purchase
an available tract of land described in subsection (a) of this section of substantially the
same value.
(d) Purchase restrictions
Purchases under subsection (b) and clause (ii)
of subsection (c) of this section shall be made on
the terms provided in section 441l(b) of this title.
(Pub. L. 90–468, § 4, Aug. 8, 1968, 82 Stat. 664; Pub.
L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat.
3521.)
REFERENCES IN TEXT
The National Industrial Recovery Act of June 16,
1933, referred to in subsec. (a), is act June 16, 1933, ch.
90, 48 Stat. 195, as amended. Title II of the Act was classified principally to subchapter I (§ 401 et seq.) of chapter 8 of former Title 40, Public Buildings, Property, and
Works, and was terminated June 30, 1943 by act June 27,
1942, ch. 450, § 1, 56 Stat. 410. Provisions of title II of the
Act which were classified to former Title 40 were repealed by Pub. L. 107–217, § 6(b), Aug. 21, 2002, 116 Stat.
1304. For complete classification of this Act to the
Code, see Tables.
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 Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.

§ 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
lands within the boundaries of the Badlands Air
Force gunnery range that are outside the boundaries of the park, and that are transferred to the
administrative jurisdiction of the Secretary of
the Interior as provided in section 441l(a) of this
title, including lands hereafter declared to be
excess, and that are not selected under sections
441l(b) or 441m of this title, and title to all lands
within the boundaries of the park that were acquired by the United States for the Badlands Air
Force gunnery range, subject to any life estate
conveyed pursuant to section 441m(c) of this
title and subject to restrictions on use that may
be prescribed in regulations applicable to the
park, which regulations may include provisions
for the protection of the black-footed ferret,
may be conveyed to the Oglala Sioux Tribe in
exchange (i) for the right of the United States to
use all tribal land within the park for park pur-

poses, including the right to manage fish and
wildlife and other resources and to construct
visitor use and administrative facilities thereon,
and (ii) for title to three thousand one hundred
fifteen and sixty-three one-hundredths acres of
land owned by the Oglala Sioux Tribe and located in the area of the Badlands Air Force gunnery range which is not excess to the needs of
the Department of the Air Force and which is
encompassed in civil action numbered 859 W.D.
in the United States District Court for the District of South Dakota, if such exchange is approved by the Oglala Sioux Tribal Council. The
lands acquired under paragraph (ii) shall become
a part of the Badlands Air Force gunnery range
retained by the Department of the Air Force.
The United States and the Oglala Sioux Tribe
shall reserve all mineral rights in the lands so
conveyed. The right of the United States to use
for park purposes lands that were tribally owned
prior to August 8, 1968, shall not impair the
right of the Oglala Sioux Tribe to use such lands
for grazing purposes and mineral development,
including development for oil and gas.
(b) Execution of instruments
The Oglala Sioux Tribal Council may authorize the execution of the necessary instruments
to effect the exchange on behalf of the tribe, and
the Secretary may execute the necessary instruments on behalf of the United States.
(c) Trust title
After the exchange is effected the title of the
Oglala Sioux Tribe to the property acquired by
the exchange shall be held in trust subject to
the same restrictions and authorities that apply
to other lands of the tribe that are held in trust.
(Pub. L. 90–468, § 5, Aug. 8, 1968, 82 Stat. 665; Pub.
L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat.
3521.)
CHANGE OF NAME
Word ‘‘park’’ substituted for ‘‘monument’’ in subsec.
(a) pursuant to Pub. L. 95–625, § 611, which is classified
to section 441e–1 of this title and which redesignated
Badlands National Monument as Badlands National
Park.

§ 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.
(Pub. L. 90–468, § 6, Aug. 8, 1968, 82 Stat. 666; Pub.
L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat.
3521.)
CHANGE OF NAME
Word ‘‘park’’ substituted in text for ‘‘monument’’
pursuant to Pub. L. 95–625, § 611, which is classified to

§ 442

TITLE 16—CONSERVATION

section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy
and Natural Resources of the Senate, effective Feb. 11,
1977. See Rule XXV of Standing Rules of the Senate, as
amended by Senate Resolution 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.

§ 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 sections 1, 2, 3,
and 4 of this title, as amended.
(Jan. 23, 1930, ch. 24, §§ 1, 2, 46 Stat. 58.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
GEORGE WASHINGTON’S BOYHOOD HOME, FERRY FARM
Pub. L. 105–355, title V, § 509, Nov. 6, 1998, 112 Stat.
3264, provided that:
‘‘(a) ACQUISITION OF EASEMENT.—The Secretary of the
Interior may acquire no more than a less than fee interest in the property generally known as George
Washington’s Boyhood Home, Ferry Farm, located in
Stafford County, Virginia, across the Rappahannock
River from Fredericksburg, Virginia, comprising approximately 85 acres as generally depicted on the map
entitled ‘George Washington Birthplace National
Monument Boundary Map’, numbered 322/80,020, and
dated April 1998, to ensure the preservation of the important cultural and natural resources associated with
Ferry Farm. The Secretary of the Interior shall keep
the map on file and available for public inspection in
appropriate offices of the National Park Service.
‘‘(b) MANAGEMENT OF EASEMENT.—The Secretary shall
enter into a cooperative agreement with Kenmore Association, Inc., for the management of Ferry Farm
pending completion of the study referred to in subsection (c).
‘‘(c) RESOURCE STUDY.—Not later than 18 months
after the date on which funds are made available to
carry out this section, the Secretary of the Interior
shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources [now Committee on Natural Resources] of the
House of Representatives a resource study of the property described in subsection (a). The study shall—
‘‘(1) identify the full range of resources and historic
themes associated with Ferry Farm, including those
associated with George Washington’s tenure at the
property and those associated with the Civil War period;

Page 482

‘‘(2) identify alternatives for further National Park
Service involvement at the property beyond those
that may be provided for in the acquisition authorized under subsection (a); and
‘‘(3) include cost estimates for any necessary acquisition, development, interpretation, operation, and
maintenance associated with the alternatives identified.
‘‘(d) AGREEMENTS.—Upon completion of the resource
study under subsection (c), the Secretary of the Interior may enter into an agreement with the owner of the
property described in subsection (a) or other entities
for the purpose of providing programs, services, facilities, or technical assistance that further the preservation and public use of the property.’’
REVISION OF BOUNDARIES; ACQUISITION OF LANDS;
ADMINISTRATION; AUTHORIZATION OF APPROPRIATIONS
Pub. L. 107–354, Dec. 17, 2002, 116 Stat. 2984, provided
that:
‘‘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 115 acres, as
generally depicted on the map entitled ‘George Washington Birthplace National Monument Boundary Map’,
numbered 332/80,023 and dated October 2001, 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, from willing owners by donation, purchase
with donated money or appropriated funds, or exchange.
‘‘SEC. 3. ADMINISTRATION OF NATIONAL MONUMENT.
‘‘In administering the National Monument, the Secretary shall take actions 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, and 18th century plantation life and society.’’
Pub. L. 103–25, May 3, 1993, 107 Stat. 68, provided that:
‘‘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.’’

Page 483

§ 445b

TITLE 16—CONSERVATION
ADDITIONAL LANDS

Additional lands were added to and made part of the
monument by Presidential Proc. No. 1944, Mar. 30, 1931,
47 Stat. 2446.

§§ 443 to 443f. Transferred
CODIFICATION
Sections, acts July 3, 1930, ch. 837, §§ 1–7, 46 Stat. 856;
Mar. 3, 1931, ch. 405, 46 Stat. 1490; June 5, 1936, ch. 525,
§§ 1, 2, 49 Stat. 1483, which related to Colonial National
Historical Park, were transferred to sections 81, 81a,
81c, and 81e to 81i of this title.

§ 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, 46 Stat. 278.)
DISESTABLISHMENT OF PETRIFIED FOREST NATIONAL
MONUMENT
Disestablishment of Petrified Forest National Monument upon establishment of Petrified Forest National
Park, see section 119 of this title.

§ 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 section 444 of this title shall be and remain a part
of the Petrified Forest National Monument.
(May 14, 1930, ch. 271, § 2, 46 Stat. 278.)

DISESTABLISHMENT OF PETRIFIED FOREST NATIONAL
MONUMENT
Disestablishment of Petrified Forest National Monument upon establishment of Petrified Forest National
Park, see section 119 of this title.

§ 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, 46 Stat. 1161; Mar. 1,
1933, ch. 161, 47 Stat. 1419.)
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, 47 Stat. 2448; Proc.
No. 2036, Mar. 3, 1933, 47 Stat. 2562.

§ 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 section 445b of this title; and
the said tribe of Indians is granted the preferential right, under regulations to be prescribed by the Secretary of the Interior, of furnishing riding animals for the use of visitors to
the monument.
(Feb. 14, 1931, ch. 188, § 2, 46 Stat. 1161.)
REFERENCES IN TEXT
Herein, referred to in text, means act Feb. 14, 1931,
which is classified to sections 445 to 445b of this title.
For complete classification of this Act to the Code, see
Tables.

§ 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 sci-

§ 445c

TITLE 16—CONSERVATION

entific or historical interest within the area,
and shall have the right to construct upon the
lands such roads, trails, or other structures or
improvements as may be necessary in connection with the administration and protection of
the monument, and also the right to provide facilities of any nature whatsoever required for
the care and accommodation of visitors to the
monument.
(Feb. 14, 1931, ch. 188, § 3, 46 Stat. 1161.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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 threetenths 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 onehundredths 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

Page 484

the direction of the Secretary of the Interior by
the National Park Service, subject to the provisions of sections 1, 2, 3, and 4 of this title, as
amended.
(c) Quarry rights of Indians
The quarrying of the red pipestone in the
lands described in subsection (a) of this section
is expressly reserved to Indians of all tribes,
under regulations to be prescribed by the Secretary of the Interior.
(Aug. 25, 1937, ch. 768, §§ 1–3, 50 Stat. 804, 805.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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 subsections (b) and (c) of section 445c of this title.
(June 18, 1956, ch. 401, 70 Stat. 290.)
§ 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 fortythree different commands of the Regular Army
engaged in the battle of Antietam, shall be
under the care and supervision of the Secretary
of the Interior.
(Aug. 30, 1890, ch. 837, § 1, 26 Stat. 401; Ex. Ord.
No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)
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 section
901 of Title 5, Government Organization and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, by act Mar. 2, 1934, ch. 38, § 1, 48 Stat.
389.

Page 485

§ 450

TITLE 16—CONSERVATION

§ 447. Repealed. Pub. L. 94–429, § 3(d), Sept. 28,
1976, 90 Stat. 1342
Section, act June 13, 1933, ch. 70, 48 Stat. 139, extended mining laws of United States to lands within
the park subject to regulation by Secretary of the Interior.
MINING RIGHTS EXISTING PRIOR TO SEPTEMBER 28, 1976
Section 3 of Pub. L. 94–429 provided in part that this
section was repealed in order to close area to entry and
location under the Mining Law of 1872, subject to valid
existing rights.

§ 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, 48 Stat. 958.)
ESTABLISHMENT OF MONUMENT; BOUNDARIES
Monument and boundaries established by Presidential Proc. No. 2212, Dec. 23, 1936, 50 Stat. 1798; Proc.
No. 2493, June 13, 1941, 55 Stat. 1655; Pub. L. 102–67, July
9, 1991, 105 Stat. 325.

§ 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 section 3113
of title 40, such tracts of land within the said national monument as may be necessary for the
completion thereof.
(June 14, 1934, ch. 519, § 2, 48 Stat. 959.)
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and
Works.

§ 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 sections 1, 2,
3, and 4 of this title, as amended.
(June 14, 1934, ch. 519, § 3, 48 Stat. 959.)
§ 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, 48 Stat. 982.)
§ 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 section 3113 of title 40, such tracts
of land within the said national monument as
may be necessary for the completion thereof.
(June 18, 1934, ch. 573, § 2, 48 Stat. 983.)
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and
Works.

§ 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 sections 1, 2, 3, and
4 of this title as amended.
(June 18, 1934, ch. 573, § 3, 48 Stat. 983.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 450a

TITLE 16—CONSERVATION

§ 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, 34 Stat. 1411; June 2, 1930,
ch. 369, 46 Stat. 489; July 26, 1947, ch. 343, title II,
§ 205(a), 61 Stat. 501.)
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, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
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 section 901 of Title 5,
Government Organization and Employees. National
Park Service substituted for Office of National Parks,
Buildings and Reservations referred to in Ex. Ord. No.
6166, § 2, by act Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389.
CHALMETTE UNIT OF THE JEAN LAFITTE NATIONAL
HISTORICAL PARK AND PRESERVE
Designation of lands on which monument erected as
Chalmette Unit of the Jean Lafitte National Historical
Park and Preserve, see section 231 of this title.

§§ 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, 46 Stat.
777; Aug. 13, 1935, ch. 520, § 1, 49 Stat. 613; Apr. 15, 1954,
ch. 142, 68 Stat. 54, provided for creation of the Appomattox Court House National Historical Park.
Section 450c, acts June 18, 1930, ch. 520, § 2, 46 Stat.
777; Aug. 13, 1935, ch. 520, § 1, 49 Stat. 613, authorized appropriation of $100,000 for the Appomattox Court House
National Historical Park.

Page 486

Section 450d, acts June 18, 1930, ch. 520, § 3, 46 Stat.
777; Aug. 13, 1935, ch. 520, § 1, 49 Stat. 613, authorized
Secretary of the Interior to accept donations of land or
buildings within boundaries of the park.
Section 450d–1, acts July 17, 1953, ch. 227, 67 Stat. 181;
Apr. 15, 1954, ch. 142, 68 Stat. 54, authorized exchange of
land in park for adjacent non-Federal land.
Section 450e, act June 18, 1930, ch. 520, § 4, as added
Aug. 13, 1935, ch. 520, § 2, 49 Stat. 614; amended Apr. 15,
1954, ch. 142, 68 Stat. 54, provided for administration of
park by National Park Service under the direction of
Secretary of the Interior.

§ 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 noncommer-

Page 487

§ 450n

TITLE 16—CONSERVATION

cial residential purposes, together with such additional lands or interests therein as the Secretary deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land.
(3) Whenever an owner of property elects to retain a right of use and occupancy as provided in
this section, such owner shall be deemed to have
waived any benefits or rights accruing under
sections 4623, 4624, 4625, and 4626 of title 42, and
for the purposes of such sections such owner
shall not be considered a displaced person as defined in section 4601(6) of title 42.
(d) Administration
The Secretary shall administer the park in accordance with sections 1, 2, 3, and 4 of this title,
as amended and supplemented, and sections 461
to 467 of this title.
(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.
(Pub. L. 94–578, title III, § 308, Oct. 21, 1976, 90
Stat. 2735; Pub. L. 102–541, § 3(a), Oct. 27, 1992, 106
Stat. 3565.)
CODIFICATION
Section is comprised of section 308 of Pub. L. 94–578.
Subsec. (e) of section 308 of Pub. L. 94–578 repealed sections 450b to 450e of this title.
AMENDMENTS
1992—Subsec. (a). Pub. L. 102–541 substituted ‘‘numbered 340/80,015 and dated June 1992,’’ for ‘‘numbered
340–20,000A, and dated September 1976,’’.
EFFECTIVE DATE OF 1992 AMENDMENT
Section 3(a) of Pub. L. 102–541 provided in part: ‘‘That
this subsection [amending this section] shall not be effective until the lands included within the proposed
new boundaries of the Appomattox Court House National Historical Park pursuant to this Act [amending
this section and section 425k of this title and enacting
provisions set out as notes under this section and section 425k of this title] have been donated to the Secretary of the Interior.’’ [Lands included within proposed new boundaries were donated on Sept. 14, 1993,
and Sept. 15, 1993.]
ACQUISITION OF CERTAIN LANDS BY DONATION ONLY
Section 3(b) of Pub. L. 102–541 provided that: ‘‘Lands
included within the boundaries of the Appomattox
Court House National Historical Park pursuant to this
section [amending this section and enacting provisions
set out above] may be acquired only by donation.’’

§§ 450f to 450k. Repealed. Dec. 21, 1944, ch. 634,
§ 1, 58 Stat. 852
Section 450f, act Aug. 15, 1935, ch. 547, § 1, 49 Stat. 652,
related to establishment of Patrick Henry National
Monument.
Sections 450f–1 and 450f–2, act Jan. 29, 1940, ch. 16, 54
Stat. 18, related to acquisition of Patrick Henry’s estate and erection of a permanent public memorial.
Sections 450g to 450k, act Aug. 15, 1935, ch. 547, §§ 2–6,
49 Stat. 652, 653, related to administration, etc., of
Monument.
UNEXPENDED FUNDS
Section 2 of act Dec. 21, 1944, ch. 634, 58 Stat. 853, provided that all unexpended balances of amounts appro-

priated were to be covered into the surplus fund of the
Treasury.

§ 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, 49 Stat. 665.)
§ 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 section 3113 of title 40, such tracts
of land within the said national monument as
may be necessary for the completion thereof.
(Aug. 21, 1935, ch. 592, § 2, 49 Stat. 666.)
REFERENCES IN TEXT
Hereunder, referred to in text, means act Aug. 21,
1935, which is classified to sections 450l to 450n of this
title. For complete classification of this Act to the
Code, see Tables.
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and
Works.

§ 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 sections 1, 2, 3, and
4 of this title, as amended.
(Aug. 21, 1935, ch. 592, § 3, 49 Stat. 666.)
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, 64 Stat. 1262, set out in

§ 450o

TITLE 16—CONSERVATION

Page 488

the Appendix to Title 5, Government Organization and
Employees.

§ 450q. Administration, protection, and development

§ 450o. Andrew Johnson National Historic Site;
authorization

The administration, protection, and development of the aforesaid national historic site shall
be exercised under the direction of the Secretary
of the Interior by the National Park Service,
subject to the provisions of sections 1, 2, 3, and
4 of this title, as amended.

When title to the site of the Andrew Johnson
Homestead and the site of the tailor shop in
which Andrew Johnson worked (now owned and
administered by the State of Tennessee), located
in Greeneville, Tennessee, together with such
buildings and property located thereon as may
be designated by the Secretary of the Interior as
necessary or desirable for national historic site
purposes shall have been vested in the United
States, said area and improvements, if any, together with the burial place of Andrew Johnson,
now administered as a national cemetery, shall
be designated and set apart by proclamation of
the President for preservation as a national historic site for the benefit and inspiration of the
people and shall be called the ‘‘Andrew Johnson
National Historic Site.’’
(Aug. 29, 1935, ch. 801, § 1, 49 Stat. 958; Pub. L.
88–197, § 1, Dec. 11, 1963, 77 Stat. 349.)
CHANGE OF NAME
‘‘National historic site’’ substituted in text for ‘‘national monument’’ on authority of Pub. L. 88–197, which
redesignated Andrew Johnson National Monument as
Andrew Johnson National Historic Site.
ESTABLISHMENT OF MONUMENT; BOUNDARIES
Monument and boundaries established by Presidential Proc. No. 2554, Apr. 27, 1942, 56 Stat. 1955.

§ 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 section 3113 of title 40, or to accept
by donation, such land, interest in land, and/or
buildings, structures, and other property within
the boundaries of said national historic site as
determined and fixed hereunder, and he is further authorized to accept donations of funds for
the purchase and/or maintenance thereof.
(Aug. 29, 1935, ch. 801, § 2, 49 Stat. 958; Pub. L.
88–197, § 1, Dec. 11, 1963, 77 Stat. 349.)
REFERENCES IN TEXT
Hereunder, referred to in text, means act Aug. 29,
1935, which is classified to sections 450o to 450q of this
title. For complete classification of this Act to the
Code, see Tables.
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888 (25 Stat. 357)’’ on authority of Pub.
L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first
section of which enacted Title 40, Public Buildings,
Property, and Works.
CHANGE OF NAME
‘‘Historic site’’ substituted in text for ‘‘monument’’
on authority of Pub. L. 88–197, which redesignated Andrew Johnson National Monument as Andrew Johnson
National Historic Site.

(Aug. 29, 1935, ch. 801, § 3, 49 Stat. 958; Pub. L.
88–197, § 1, Dec. 11, 1963, 77 Stat. 349.)
CHANGE OF NAME
‘‘Historic site’’ substituted in text for ‘‘monument’’
on authority of Pub. L. 88–197 which redesignated Andrew Johnson National Monument as Andrew Johnson
National Historic Site.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 49 Stat. 897.)
BOUNDARIES OF MONUMENT
Boundaries established by Presidential Proc. No. 2307,
Oct. 25, 1938, 3 F.R. 2579, 53 Stat. 2494.
INCLUSION IN NATCHEZ TRACE PARKWAY
Ackia Battleground National Monument included in
the Natchez Trace Parkway, see section 460–1 of this
title.

§ 450s. Omitted
CODIFICATION
Section, act Aug. 27, 1935, ch. 755, § 3, 49 Stat. 897, appropriated $15,000 for purposes of section 450r of this
title.

§ 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 sections 1, 2, 3, and
4 of this title, as amended.
(Aug. 27, 1935, ch. 755, § 4, 49 Stat. 897.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with cer-

Page 489

§ 450y–1

TITLE 16—CONSERVATION

tain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 49 Stat. 1184.)
REFERENCES IN TEXT
The General Homestead Act, referred to in text, is
act May 20, 1862, ch. 75, 12 Stat. 392. See chapter 7 (§ 161
et seq.) of Title 43, Public Lands.
HOMESTEAD NATIONAL MONUMENT OF AMERICA
ADDITIONS
Pub. L. 107–332, Dec. 16, 2002, 116 Stat. 2871, known as
the Homestead National Monument of America Additions Act, provided for addition of certain parcels of
private and State-owned land to the Homestead National Monument of America and authorized appropriations and cooperative agreements with the appropriate
State and local governments.
Pub. L. 91–411, Sept. 25, 1970, 84 Stat. 863, provided for
addition of the Freeman School to the Homestead National Monument of America in Nebraska and authorized appropriation of not more than $50,000 for rehabilitation and development of the Freeman School.

§ 450v. Omitted
CODIFICATION
Section, act Mar. 19, 1936, ch. 157, § 2, 49 Stat. 1184, appropriated $24,000 for purpose of acquiring tract described in section 450u of this title.

§ 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, 49 Stat. 1184.)
§ 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, 49 Stat. 1184.)
§ 450y. Coronado National Memorial; establishment
For the purpose of permanently commemorating the explorations of Francisco Va´squez de
Coronado, the President of the United States is
authorized to declare, by proclamation, any
lands within the following-described area, subject to all valid existing rights, to be established
as the ‘‘Coronado National Memorial’’:
Gila and Salt River meridian: Township 24
south, range 20 east, section 10, south half
southwest quarter, south half southeast quarter;
section 11, south half southwest quarter; section
13, southwest quarter northwest quarter, south
half; section 14, northwest quarter, south half,
northwest quarter northeast quarter, south half
northeast quarter; section 15, all; section 22, all;
section 23, all; section 24, all; township 24 south,
range 21 east, section 17, south half southwest
quarter; section 18, southwest quarter, south
half southeast quarter; section 19, all; section 20,
lots 3 and 4; aggregating approximately two
thousand eight hundred and eighty acres.
(Aug. 18, 1941, ch. 365, § 1, 55 Stat. 630; July 9,
1952, ch. 610, §§ 1, 2, 66 Stat. 510.)
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. C18.

§ 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 sections 450y to
450y–4 of this title, sections 1, 2, 3, and 4 of this
title, as amended and supplemented, providing
for the establishment of a National Park Service, shall govern the promotion and regulation
of the designated memorial area: Provided, That
nothing in sections 450y to 450y–4 of this title
shall be construed to authorize any recreational
or other development by the National Park
Service within the sixty-foot strip north of the
international boundary between the United
States and Mexico withdrawn by proclamation
of the President dated May 27, 1907 (35 Stat.,
part II, p. 2136), unless such development has received the prior approval of the Secretary of
State.
(Aug. 18, 1941, ch. 365, § 2, 55 Stat. 630; July 9,
1952, ch. 610, § 1, 66 Stat. 510.)
AMENDMENTS
1952—Act July 9, 1952, changed ‘‘Coronado International Memorial’’ to ‘‘Coronado National Memorial’’.

§ 450y–2

TITLE 16—CONSERVATION
TRANSFER OF FUNCTIONS

Page 490

§ 450y–4. Acquisition of property; donations

For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

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.

§ 450y–2. Grazing within memorial area

(Aug. 18, 1941, ch. 365, § 5, 55 Stat. 631.)

The Secretary of the Interior, under such regulations as shall be prescribed by him, which
regulations shall be substantially similar to
those now in effect, shall permit—
Grazing of livestock within the memorial area
to the extent now permitted within the said area
when such grazing will not interfere with recreational development authorized by sections
450y to 450y–4 of this title.

§ 450y–5. Revision of boundaries

(Aug. 18, 1941, ch. 365, § 3, 55 Stat. 631; Pub. L.
94–429, § 3(f), Sept. 28, 1976, 90 Stat. 1342.)
AMENDMENTS
1976—Pub. L. 94–429 struck out designation ‘‘(a)’’ before ‘‘grazing of livestock’’ and struck out subsec. (b)
which related to the surface use of the land within the
memorial area for prospecting and mining.
MINING RIGHTS EXISTING PRIOR TO 1976 AMENDMENT
Section 3 of Pub. L. 94–429 provided in part that this
section was amended as indicated in order to close area
to entry and location under the Mining Law of 1872,
subject to valid existing rights.

§ 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 sections 450y to 450y–4 of
this title shall be construed to alter or affect
any water right in the State of Arizona or the
jurisdiction of said State over its waters: And
provided further, That neither roads nor public
campgrounds shall be constructed by the National Park Service within the south half southwest quarter of said section 10.
(Aug. 18, 1941, ch. 365, § 4, 55 Stat. 631.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

In furtherance of the purposes of sections 450y
to 450y–4 of this title and to facilitate the administration and development of the Coronado
National Memorial, Arizona, the boundaries
thereof are revised by the following additions
and deletions of land:
(1) Inclusion in the memorial and exclusion
from the Coronado National Forest of lots 2 and
7 and a portion of Homestead Entry Survey 310
situated in section 18, township 24 south, range
21 east, Gila and Salt River base and meridian,
said portion of Homestead Entry Survey 310
being more particularly described as follows: Beginning at the southwest corner (identified as
corner number 1), of Homestead Entry Survey
310, said point being located on the present
boundary of Coronado National Memorial and
marked by an iron pipe with a brass cap and a
rock cairn placed by the United States Bureau
of Land Management in 1955; thence north zero
degrees thirty-three minutes west, one thousand
two hundred ninety-four and twenty-six hundredths feet, more or less, along the west boundary of said tract, which line is also the present
boundary of said memorial, to the northeast
corner of lot 8, section 18, said point being
marked by an iron pipe with a brass cap and a
rock cairn placed by the United States Bureau
of Land Management in 1955; thence north zero
degrees twenty-three minutes east, two hundred
thirty and eight-tenths feet, more or less, along
the west boundary of Homestead Entry Survey
310 to a point on a circular curve marked by an
iron pipe with a National Park Service brass
cap, said point being located south eighty-one
degrees forty-four minutes east, exactly one
hundred forty feet from the point of curvature
of said curve; thence southeasterly five hundred
forty-eight and two-tenths feet along said circular curve to the right of radius one thousand
seven hundred thirty-two and four-tenths feet
and having a beginning tangent bearing of south
eighty-four degrees three minutes east (from
point of curvature to point of intersection), to
the point of tangency of said curve; thence south
sixty-one degrees sixteen minutes east, two hundred twenty-four and eight-tenths feet to the
point of curvature of a circular curve to the
right; thence southeasterly two hundred ninetytwo 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 eightyeight and seven-tenths feet to the point of curvature of a circular curve to the right; thence
southeasterly two hundred twenty-five and ninetenths 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

Page 491

§ 450aa–1

TITLE 16—CONSERVATION

curve; thence south fifty-two degrees thirtyeight minutes east, twenty-eight and eighttenths feet to the point of curvature of a circular curve to the left; thence southeasterly two
hundred sixteen and nine-tenths feet along said
circular curve to the left of radius one thousand
six hundred nine and nine-tenths feet to the
point of tangency of said curve; thence south
sixty degrees twenty-one minutes east, thirty
and seven-tenths feet to the point of curvature
of a circular curve to the right; thence southeasterly seven hundred thirteen and six-tenths
feet, more or less, along said circular curve to
the right of radius one thousand two hundred
fifty-four and nine-tenths feet to a point on the
southern boundary line of Homestead Entry Survey 310 marked by an iron pipe with a National
Park Service brass cap, said point also being located on the present northern boundary line of
Coronado National Memorial; thence north
eighty-nine degrees forty-nine minutes west two
thousand three hundred and sixty-one feet, more
or less, along the southern boundary line of
Homestead Entry Survey 310, which line is also
the present northern boundary of the said memorial, to the point of beginning (all bearings
referred to the true meridian).
(2) Inclusion in the Memorial and exclusion
from the Coronado National Forest of lots 5 and
6 in section 20, township 24 south, range 21 east,
Gila and Salt River base and meridian.
(3) Exclusion from the Memorial and inclusion
in the Coronado National Forest of the north
half southwest quarter northwest quarter section 13, and the north half southeast quarter
northeast quarter section 14, all in township 24
south, range 20 east, Gila and Salt River base
and meridian.
(Pub. L. 86–689, § 1, Sept. 2, 1960, 74 Stat. 736.)
§ 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 sections 1, 2, 3,
and 4 of this title, as amended, and pursuant to
sections 450y–1 to 450y–3 of this title.
(Pub. L. 86–689, § 2, Sept. 2, 1960, 74 Stat. 737.)
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 86–689
which enacted sections 450y–5 to 450y–7 of this title, and
amended section 17j–2 of this title. For complete classification of this Act to the Code, see Tables.

§ 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.
(Pub. L. 86–689, § 4, Sept. 2, 1960, 74 Stat. 737.)

REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 86–689,
which enacted sections 450y–5 to 450y–7 of this title, and
amended section 17j–2 of this title. For complete classification of this Act to the Code, see Tables.

§ 450z. Repealed. Pub. L. 94–429, § 3(g), Sept. 28,
1976, 90 Stat. 1343
Section, act Oct. 27, 1941, ch. 459, 55 Stat. 745, provided for the prospecting and mining of surface lands
within the monument area under the supervision of the
Secretary of the Interior.
MINING RIGHTS EXISTING PRIOR TO SEPTEMBER 28, 1976
Section 3 of Pub. L. 94–429 provided in part that this
section was repealed in order to close area to entry and
location under the Mining Law of 1872, subject to valid
existing rights.

§ 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 sections 450aa to 450aa–2 of
this title. In the event the Secretary is unable
to acquire such property, or any part thereof, at
a reasonable price, he is authorized and directed
to condemn such property, or any part thereof,
in the manner provided by law.
(July 14, 1943, ch. 238, § 1, 57 Stat. 563.)
AUTHORIZATION OF APPROPRIATIONS
Section 4 of act July 14, 1943, as amended Sept. 9, 1950,
ch. 940, 64 Stat. 829, provided that: ‘‘There are authorized to be appropriated such sums not to exceed $150,000
as may be necessary to carry out the provisions of this
Act [sections 450aa to 450aa–2 of this title].’’

§ 450aa–1. Establishment and supervision
The property acquired under the provisions of
section 450aa of this title shall constitute the
George Washington Carver National Monument
and shall be a public national memorial to
George Washington Carver. The Director of the
National Park Service, under the direction of
the Secretary of the Interior, shall have the supervision, management, and control of such national monument, and shall maintain and preserve it in a suitable and enduring manner
which, in his judgment, will provide for the benefit and enjoyment of the people of the United
States.
(July 14, 1943, ch. 238, § 2, 57 Stat. 563.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 450aa–2

TITLE 16—CONSERVATION

§ 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 section 450aa
of this title or in a building constructed by
him for the purpose, a museum for relics and
records pertaining to George Washington
Carver, and for other articles of national and
patriotic interest, and to accept, on behalf of
the United States, for installation in such museum, articles which may be offered as additions to the museum; and
(2) Construct roads and mark with monuments, tablets, or otherwise, points of interest
within the boundaries of the George Washington Carver National Monument.
(July 14, 1943, ch. 238, § 3, 57 Stat. 564.)
§ 450bb. Harpers Ferry National Historical Park
(a) In general
To carry out the purposes of sections 450bb to
450bb–2 of this title, the Secretary of the Interior (referred to in sections 450bb to 450bb–2 of
this title as the ‘‘Secretary’’) is authorized to
acquire, by purchase from a willing seller with
donated or appropriated funds, by donation, or
by exchange, land or an interest in land within
the boundaries as generally depicted on the map
entitled ‘‘Boundary Map, Harpers Ferry National Historical Park’’, numbered 385–80,021A,
and dated April 1979.
(b) Bradley and Ruth Nash Addition
The Secretary is authorized to acquire, by donation only, approximately 27 acres of land or
interests in land that are outside the boundary
of the Harpers Ferry National Historical Park
and generally depicted on the map entitled
‘‘Proposed Bradley and Ruth Nash Addition—
Harpers Ferry National Historical Park’’, numbered 385–80056, and dated April 1, 1989.
(c) Boundary expansion
(1) In general
The Secretary is authorized to acquire, by
purchase from a willing seller with donated or
appropriated funds, by donation, or by exchange, land or an interest in land within the
area depicted as ‘‘Private Lands’’ on the map
entitled ‘‘Harpers Ferry National Historical
Park Proposed Boundary Expansion’’, numbered 385/80,126, and dated July 14, 2003.
(2) Administration
The Secretary shall—
(A) transfer to the National Park Service
for inclusion in the Harpers Ferry National
Historical Park (referred to in sections 450bb
to 450bb–2 of this title as the ‘‘Park’’) the
land depicted on the map referred to in paragraph (1) as ‘‘U.S. Fish and Wildlife Service
Lands’’ and revise the boundary of the Park
accordingly; and
(B) revise the boundary of the Park to include the land depicted on the map referred
to in paragraph (1) as ‘‘Appalachian NST’’
and exclude that land from the boundary of
the Appalachian National Scenic Trail.
1 So

in original. Probably should be ‘‘of the’’.

Page 492

(d) Maximum number of acres
The number of acres of the Park shall not exceed 3,745.
(e) Maps
The maps referred to in this section shall be
on file and available for public inspection in the
appropriate offices of the National Park Service.
(f) Acquired land
Land or an interest in land acquired under this
section shall become a part of the Park, subject
to the laws (including regulations) applicable to
the Park.
(g) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section.
(June 30, 1944, ch. 328, § 1, 58 Stat. 645; Pub. L.
93–466, § 1(1), Oct. 24, 1974, 88 Stat. 1420; Pub. L.
96–199, title I, § 108(1), Mar. 5, 1980, 94 Stat. 69;
Pub. L. 101–109, § 1(a), Oct. 6, 1989, 103 Stat. 681;
Pub. L. 103–437, § 6(h)(2), Nov. 2, 1994, 108 Stat.
4585; Pub. L. 108–307, § 2, Sept. 24, 2004, 118 Stat.
1133.)
AMENDMENTS
2004—Pub. L. 108–307 inserted section catchline and
amended text generally. Prior to amendment, section
authorized the Secretary of the Interior to acquire certain lands for the Harpers Ferry National Historical
Park.
1994—Pub. L. 103–437 substituted ‘‘Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives’’ for ‘‘Committees on Interior and Insular Affairs
of the Congress of the United States’’.
1989—Pub. L. 101–109 substituted ‘‘two thousand five
hundred and five acres’’ for ‘‘two thousand four hundred and seventy-five acres’’ in first sentence and inserted after first sentence ‘‘The Secretary is authorized
to acquire, by donation only, approximately twentyseven acres of land or interests therein which are outside the boundary of the Harpers Ferry National Historical Park and generally depicted on a map entitled
‘Proposed Bradley and Ruth Nash Addition—Harpers
Ferry National Historical Park,’ dated April 1, 1989 and
numbered 385–80056. Such map shall be on file and available for public inspection in the offices of the National
Park Service, Department of the Interior, Washington,
District of Columbia. When acquired, such lands or interests therein shall become a part of the park, subject
to the laws and regulations applicable thereto.’’
1980—Pub. L. 96–199 substituted ‘‘ ‘Boundary Map,
Harpers Ferry National Historical Park’, numbered
385–80,021A and dated April 1979’’ for ‘‘ ‘Boundary Map,
Harpers Ferry National Historical Park’, numbered
385–40,000D and dated April 1974’’ and ‘‘two thousand
four hundred and seventy-five acres’’ for ‘‘two thousand
acres’’.
1974—Pub. L. 93–466 inserted reference to updated
map, prohibited the Secretary from exercising any
power of condemnation on lands in which a less than
fee interest has been previously acquired, authorized
the acquisition of land with appropriated funds and by
exchange, authorized an increase in total area from
1500 to 2000 acres, and authorized the Secretary to
make minor boundary changes by publication of a revised description in the Federal Register, after advising
the Committees on Interior and Insular Affairs.
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–307, § 1, Sept. 24, 2004, 118 Stat. 1133, provided that: ‘‘This Act [amending this section and sections 450bb–1 and 450bb–2 of this title] may be cited as
the ‘Harpers Ferry National Historical Park Boundary
Revision Act of 2004’.’’

Page 493

§ 450bb–4

TITLE 16—CONSERVATION

ACQUISITION OF CLEAR AND MARKETABLE TITLE TO
ADDITIONAL PARK LANDS
Section 1(b) of Pub. L. 101–109 provided that: ‘‘Nothing in this Act [amending this section] shall be deemed
to prohibit the Secretary from using such measures as
may be necessary to acquire a clear and marketable
title, free of any and all encumbrances, to the lands
identified for acquisition in paragraph (a)(2) of this
Act.’’
AUTHORIZATION OF APPROPRIATIONS
Section 4 of act June 30, 1944, as amended by Pub. L.
93–466, § 1(3), Oct. 24, 1974, 88 Stat. 1420; Pub. L. 95–625,
title I, § 101(14), Nov. 10, 1978, 92 Stat. 3471; Pub. L.
96–199, title I, § 108(2), Mar. 5, 1980, 94 Stat. 69, provided
that: ‘‘In addition to such sums as have heretofore been
appropriated, there are authorized to be appropriated
such sums as may be necessary to carry out the provisions of this act [sections 450bb to 450bb–2 of this title],
but not more than $1,600,000 for the acquisition of lands
and interests in lands, and not more than $12,385,000 for
development.’’

§ 450bb–1. Administration
The property acquired under the provisions of
section 450bb of this title shall constitute the
Harpers Ferry National Historical Park and
shall be a public national memorial commemorating historical events at or near Harpers
Ferry. The Director of the National Park Service under the direction of the Secretary, shall
have the supervision, management, and control
of such national historical park, and shall maintain and preserve it for the benefit and enjoyment of the people of the United States, subject
to the provisions of sections 1, 2, 3, and 4 of this
title, as amended.
(June 30, 1944, ch. 328, § 2, 58 Stat. 646; Pub. L.
88–33, May 29, 1963, 77 Stat. 52; Pub. L. 108–307,
§ 3, Sept. 24, 2004, 118 Stat. 1134.)
AMENDMENTS
2004—Pub. L. 108–307 substituted ‘‘Secretary’’ for
‘‘Secretary of the Interior’’ in second sentence.
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 Pub. L. 88–33, classified to
section 450bb–6 of this title.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 450bb–2. Maintenance of museum; acceptance
of museum articles; construction of roads,
etc.
The Secretary is authorized to—
(1) Maintain, either in an existing structure
acquired under the provisions of section 450bb
of this title or in a building constructed by
him for the purpose, a museum for relics and
records pertaining to historic events that took
place at Harpers Ferry, and for other relics of
national and patriotic interest, and to accept
on behalf of the United States, for installation

in such museum, articles which may be offered
as additions to the museum;
(2) Construct roads and facilities and mark
with monuments, tablets, or otherwise, points
of interest within the boundaries of the Harpers Ferry National Historical Park; and
(3) Provide, directly or by contract, subject
to the provisions of the Act of June 7, 1974, an
interpretive shuttle transportation service
within, between, and among lands acquired for
the purpose of sections 450bb to 450bb–2 of this
title for such times and upon such terms as in
his judgment will best accomplish the purposes of sections 450bb to 450bb–2 of this title.
(June 30, 1944, ch. 328, § 3, 58 Stat. 646; Pub. L.
88–33, May 29, 1963, 77 Stat. 52; Pub. L. 93–466,
§ 1(2), Oct. 24, 1974, 88 Stat. 1420; Pub. L. 108–307,
§ 3, Sept. 24, 2004, 118 Stat. 1134.)
REFERENCES IN TEXT
Act of June 7, 1974, referred to in par. (3), is Pub. L.
93–303, June 7, 1974, 88 Stat. 192, which amended sections 460l–6a, 460l–8, and 460l–10a of this title. For complete classification of this Act to the Code, see Tables.
AMENDMENTS
2004—Pub. L. 108–307 substituted ‘‘Secretary’’ for
‘‘Secretary of the Interior’’ in introductory provisions.
1974—Par. (3). Pub. L. 93–466 added 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 Pub. L. 88–33, classified to section 450bb–6 of
this title.

§ 450bb–3. Acquisition of additional lands
To further the commemorative purposes of
sections 450bb to 450bb–2 of this title, by providing historic properties and administrative facilities, the Secretary of the Interior is authorized
to acquire, in the manner hereafter stated, the
Storer College site, the original site of John
Brown’s ‘‘Fort’’ and the old Federal armory,
comprising altogether approximately thirty
acres, for addition to Harpers Ferry National
Historical Park.
(Pub. L. 86–655, § 1, July 14, 1960, 74 Stat. 520;
Pub. L. 88–33, May 29, 1963, 77 Stat. 52.)
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 Pub. L. 88–33, classified to section 450bb–6 of
this title.

§ 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 (15 Stat. 266), upon payment to said trustees of not more than the current fair market value of the improvements located upon such lands. The Secretary may also

§ 450bb–5

TITLE 16—CONSERVATION

Page 494

purchase lands, interests therein, and improvements thereon, which lands were granted to the
trustees of Storer College pursuant to such Act
of 1868 and subsequently were alienated by the
trustees: Provided, That he may pay not in excess of the amount paid therefor by the then
owners plus the cost of existing improvements
placed thereon by them, and, in no event may he
pay more than the current fair market value.
The Secretary may also purchase from the
trustees of Storer College, at not more than
their fair market value, other lands and interests in lands acquired by them or their predecessors as a part of the college site, together
with any improvements thereon. In addition, up
to seven acres of privately owned lands, interests therein, and improvements thereon, which
are interspersed with the aforesaid college lands
may be purchased by the Secretary. Lands and
interests purchased under this subsection may
be exchanged for other lands, and interests
therein, of approximately equal value, which
comprise the college and interspersed lands
otherwise authorized herein for purchase.
(b) To facilitate the acquisition of the original
site of the engine house known as John Brown’s
‘‘Fort’’ and the old Federal arsenal, the Secretary of the Interior is authorized to exchange
therefor federally owned park lands or interests
in lands of approximately equal value in the vicinity of Cumberland, Maryland, which he finds
are no longer required for park purposes.

gether 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.

(Pub. L. 86–655, § 2, July 14, 1960, 74 Stat. 520.)

§ 450dd. De Soto National Memorial; establishment

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, 15 Stat.
266, which was not classified to the Code.

§ 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 sections 450bb–3 to 450bb–5 of this title.
(Pub. L. 86–655, § 3, July 14, 1960, 74 Stat. 521.)
§ 450bb–6. Change in name of Harpers Ferry National Monument
The Harpers Ferry National Monument established pursuant to sections 450bb to 450bb–2 of
this title, shall on and after May 29, 1963, be
known as Harpers Ferry National Historical
Park, and any law, regulation, document, or
record of the United States in which such monument is designated or referred to under the
name of Harpers Ferry National Monument
shall be held to refer to such monument under
and by the name of Harpers Ferry National Historical Park.
(Pub. L. 88–33, May 29, 1963, 77 Stat. 52.)
§ 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, to-

(Aug. 12, 1946, ch. 954, § 1, 60 Stat. 997.)
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, 69 Stat. 632, set out in a note under section
463 of this title.

§ 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 sections 1, 2, 3, and 4 of this title, as amended.
(Aug. 12, 1946, ch. 954, § 2, 60 Stat. 997.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

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, 62 Stat. 78; Pub. L.
86–728, § 1A, Sept. 8, 1960, 74 Stat. 856.)
AMENDMENTS
1960—Pub. L. 86–728 increased limitation on acquisition of land from twenty-five to thirty acres.
AUTHORIZATION OF APPROPRIATIONS
Section 3 of act Mar. 11, 1948, as amended Aug. 21,
1950, ch. 768, 64 Stat. 469; Sept. 8, 1960, Pub. L. 86–728,
§ 1B, 74 Stat. 856; Nov. 10, 1978, Pub. L. 95–625, title I,
§ 101(8), 92 Stat. 3471; Oct. 12, 1979, Pub. L. 96–87, title IV,
§ 401(a), 93 Stat. 665, provided that: ‘‘There is hereby authorized to be appropriated such sums, not to exceed
$292,000, as may be necessary to carry out the provisions of this Act [sections 450dd and 450dd–1 of this
title].’’

§ 450dd–1. Administration
Upon a determination by the Secretary of the
Interior that sufficient land has been acquired
1 So

in original. Probably should be ‘‘purchasable’’.

Page 495

§ 450ff

TITLE 16—CONSERVATION

by the United States for the memorial, such
property shall be established as the ‘‘De Soto
National Memorial’’, and shall be administered
by the Secretary of the Interior, through the
National Park Service, for the benefit of the
people of the United States. An order of the Secretary of the Interior, constituting notice of
such establishment, shall be published in the
Federal Register. Insofar as applicable and not
in conflict with this section and section 450dd of
this title, sections 1, 2, 3, and 4 of this title, providing for the establishment of a National Park
Service, as amended and supplemented, shall
govern the promotion and development of the
national memorial.

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.

(Mar. 11, 1948, ch. 109, § 2, 62 Stat. 78.)

(June 19, 1948, ch. 546, § 1, 62 Stat. 532; June 30,
1949, ch. 288, title I, § 105, 63 Stat. 381; Pub. L.
87–78, § 4, June 30, 1961, 75 Stat. 197.)

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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 62 Stat. 204.)
§ 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 sections 1, 2,
3, and 4 of this title, as amended.
(Apr. 28, 1948, ch. 239, § 2, 62 Stat. 204.)
REFERENCES IN TEXT
This joint resolution, referred to in text, means act
Apr. 28, 1948, which is classified to sections 450ee and
450ee–1 of this title.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 450ff. Fort Vancouver National Historic Site; establishment
For the purpose of establishing a Federal area
of national historical importance for the benefit

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 Pub. L. 87–78, classified to section 450ff–6 of this title.
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.
MCLOUGHLIN HOUSE ADDITION TO FORT VANCOUVER
NATIONAL HISTORIC SITE
Pub. L. 108–63, July 29, 2003, 117 Stat. 872, provided
that:
‘‘SECTION 1. SHORT TITLE; DEFINITIONS.
‘‘(a) SHORT TITLE.—This Act may be cited as the
‘McLoughlin House Addition to Fort Vancouver National Historic Site Act’.
‘‘(b) DEFINITIONS.—For the purposes of this Act, the
following definitions apply:
‘‘(1) CITY.—The term ‘City’ means Oregon City, Oregon.
‘‘(2) MCLOUGHLIN HOUSE.—The term ‘McLoughlin
House’ means the McLoughlin House National Historic Site which is described in the Acting Assistant
Secretary of the Interior’s Order of June 27, 1941, and
generally depicted on the map entitled ‘McLoughlin
House, Fort Vancouver National Historic Site’, numbered 389/92,002, and dated 5/01/03, and includes the
McLoughlin House, the Barclay House, and other associated real property, improvements, and personal
property.
‘‘(3) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘SEC. 2. MCLOUGHLIN HOUSE ADDITION TO FORT
VANCOUVER.
‘‘(a) ACQUISITION.—The Secretary is authorized to acquire the McLoughlin House, from willing sellers only,
by donation, purchase with donated or appropriated
funds, or exchange, except that lands or interests in
lands owned by the City may be acquired by donation
only.
‘‘(b) MAP AVAILABILITY.—The map identifying the
McLoughlin House referred to in section 1(b)(2) shall be
on file and available for inspection in the appropriate
offices of the National Park Service, Department of the
Interior.
‘‘(c) BOUNDARIES; ADMINISTRATION.—Upon acquisition
of the McLoughlin House, the acquired property shall
be included within the boundaries of, and be adminis-

§ 450ff–1

TITLE 16—CONSERVATION

Page 496

tered as part of, the Fort Vancouver National Historic
Site in accordance with all applicable laws and regulations.
‘‘(d) NAME CHANGE.—Upon acquisition of the
McLoughlin House, the Secretary shall change the
name of the site from the ‘McLoughlin House National
Historic Site’ to the ‘McLoughlin House’.
‘‘(e) FEDERAL LAWS.—After the McLoughlin House is
acquired and added to Fort Vancouver National Historic Site, any reference in a law, map, regulation, document, paper, or other record of the United States to
the ‘McLoughlin House National Historic Site’ (other
than this Act) shall be deemed a reference to the
‘McLoughlin House’, a unit of Fort Vancouver National
Historic Site.’’

§ 450ff–3. Revision of boundaries

§ 450ff–1. Size of site; effective date; additional
lands

‘‘National Historic Site’’ and ‘‘historic site’’ substituted in text for ‘‘National Monument’’ and ‘‘monument’’, respectively, in view of redesignation of Fort
Vancouver National Monument as Fort Vancouver National Historic Site by Pub. L. 87–78, classified to section 450ff–6 of this title.

The total area of the national historic site as
established or as enlarged by transfers pursuant
to sections 450ff to 450ff–2 of this title shall not
exceed ninety acres. Establishment of the historic site shall be effective, upon publication in
the Federal Register of notice of such establishment, following the transfer to the Secretary of
the Interior of administrative jurisdiction over
such lands as the Secretary of the Interior shall
deem to be sufficient for purposes of establishing the national historic site. Additional lands
may be added to the historic site in accordance
with the procedure prescribed in section 450ff of
this title, governing surplus properties, or by
donation, subject to the maximum acreage limitation prescribed by sections 450ff to 450ff–2 of
this title, upon publication of notice thereof in
the Federal Register.
(June 19, 1948, ch. 546, § 2, 62 Stat. 532; Pub. L.
87–78, § 4, June 30, 1961, 75 Stat. 197.)
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 Pub. L. 87–78, classified to
section 450ff–6 of this title.

§ 450ff–2. Administration, protection, and development

For the purpose of preserving certain historic
properties associated with the Fort Vancouver
National Historic Site, established pursuant to
sections 450ff to 450ff–2 of this title, the Secretary of the Interior may revise the boundaries
of the historic site to include therein not more
than one hundred and thirty additional acres of
land adjacent to, contiguous to, or in the vicinity of, the existing historic site.
(Pub. L. 87–78, § 1, June 30, 1961, 75 Stat. 196.)
CHANGE OF NAME

§ 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.
(Pub. L. 87–78, § 2, June 30, 1961, 75 Stat. 197.)
§ 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.
(Pub. L. 87–78, § 3, June 30, 1961, 75 Stat. 197.)
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 Pub. L. 87–78, classified to section 450ff–6 of this title.

The administration, protection, and development of the aforesaid national historic site shall
be exercised under the direction of the Secretary
of the Interior by the National Park Service,
subject to the provisions of sections 1, 2, 3, and
4 of this title as amended.

§ 450ff–6. Change in name of Fort Vancouver National Monument

(June 19, 1948, ch. 546, § 3, 62 Stat. 533; Pub. L.
87–78, § 4, June 30, 1961, 75 Stat. 197.)

§§ 450gg to 450gg–3. Repealed. Pub. L. 91–660, § 5,
Jan. 8, 1971, 84 Stat. 1969

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 Pub. L. 87–78, classified to section 450ff–6 of this title.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

Fort Vancouver National Monument is redesignated Fort Vancouver National Historic Site.
(Pub. L. 87–78, § 4, June 30, 1961, 75 Stat. 197.)

Sections, act July 2, 1948, ch. 806, §§ 1–4, 62 Stat. 1220,
provided for establishment of the Pensacola National
Monument, maintenance of a museum for relics and
records of Pensacola and its harbor defenses, and the
transfer of title to the land and jurisdiction of the area
to the State of Florida, upon determination by Secretary of the Interior that the area would be more suitably administered as a State historical park.

§ 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

Page 497

TITLE 16—CONSERVATION

of the Interior is authorized to accept, for national monument purposes, on behalf of the
United States, the donation of all non-Federal
lands and interests in land situated on Saint
Croix (Dochet) Island, located in the Saint Croix
River, in the State of Maine. The Secretary is
authorized to acquire, in such manner as he may
consider to be in the public interest, not to exceed fifty acres of land or interests therein situated on the mainland, such property to be used
for general administrative purposes and for a
landing dock in order to provide a suitable approach and ready access to the island.
(June 8, 1949, ch. 180, § 1, 63 Stat. 158.)
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 [sections 450hh to 450hh–2 of this title].’’
SAINT CROIX ISLAND HERITAGE CENTER
Pub. L. 106–529, Nov. 22, 2000, 114 Stat. 2524, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Saint Croix Island
Heritage Act’.
‘‘SEC. 2. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) Saint Croix Island is located in the Saint Croix
River, a river that is the boundary between the State
of Maine and Canada;
‘‘(2) the Island is the only international historic
site in the National Park System;
‘‘(3) in 1604, French nobleman Pierre Dugua Sieur
de Mons, accompanied by a courageous group of adventurers that included Samuel Champlain, landed
on the Island and began the construction of a settlement;
‘‘(4) the French settlement on the Island in 1604 and
1605 was the initial site of the first permanent settlement in the New World, predating the English settlement of 1607 at Jamestown, Virginia;
‘‘(5) many people view the expedition that settled
on the Island in 1604 as the beginning of the Acadian
culture in North America;
‘‘(6) in October, 1998, the National Park Service
completed a general management plan to manage and
interpret the Saint Croix Island International Historic Site;
‘‘(7) the plan addresses a variety of management alternatives, and concludes that the best management
strategy entails developing an interpretive trail and
ranger station at Red Beach, Maine, and a regional
heritage center in downtown Calais, Maine, in cooperation with Federal, State, and local agencies;
‘‘(8) a 1982 memorandum of understanding, signed
by the Department of the Interior and the Canadian
Department for the Environment, outlines a cooperative program to commemorate the international heritage of the Saint Croix Island site and specifically to
prepare for the 400th anniversary of the settlement in
2004; and
‘‘(9) only 4 years remain before the 400th anniversary of the settlement at Saint Croix Island, an occasion that should be appropriately commemorated.
‘‘(b) PURPOSE.—The purpose of this Act is to direct
the Secretary of the Interior to take all necessary and
appropriate steps to work with Federal, State, and
local agencies, historical societies, and nonprofit organizations to facilitate the development of a regional
heritage center in downtown Calais, Maine[,] before the
400th anniversary of the settlement of Saint Croix Island.
‘‘SEC. 3. DEFINITIONS.
‘‘In this Act:

§ 450hh–1

‘‘(1) ISLAND.—The term ‘Island’ means Saint Croix
Island, located in the Saint Croix River, between Canada and the State of Maine.
‘‘(2) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior, acting through the Director
of the National Park Service.
‘‘SEC. 4. SAINT CROIX ISLAND REGIONAL HERITAGE CENTER.
‘‘(a) IN GENERAL.—The Secretary shall provide assistance in planning, constructing, and operating a regional heritage center in downtown Calais, Maine, to
facilitate the management and interpretation of the
Saint Croix Island International Historic Site.
‘‘(b) COOPERATIVE AGREEMENTS.—To carry out subsection (a), in administering the Saint Croix Island
International Historic Site, the Secretary may enter
into cooperative agreements under appropriate terms
and conditions with other Federal agencies, State and
local agencies and nonprofit organizations—
‘‘(1) to provide exhibits, interpretive services (including employing individuals to provide such services), and technical assistance;
‘‘(2) to conduct activities that facilitate the dissemination of information relating to the Saint Croix
Island International Historic Site;
‘‘(3) to provide financial assistance for the construction of the regional heritage center in exchange
for space in the center that is sufficient to interpret
the Saint Croix Island International Historic Site;
and
‘‘(4) to assist with the operation and maintenance
of the regional heritage center.
‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) DESIGN AND CONSTRUCTION.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated to carry out this Act (including the design
and construction of the regional heritage center)
$2,000,000.
‘‘(2) EXPENDITURE.—Paragraph (1) authorizes funds
to be appropriated on the condition that any expenditure of those funds shall be matched on a dollar-fordollar basis by funds from non-Federal sources.
‘‘(b) OPERATION AND MAINTENANCE.—There are authorized to be appropriated such sums as are necessary to
maintain and operate interpretive exhibits in the regional heritage center.’’

§ 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,

§ 450hh–2

TITLE 16—CONSERVATION

for such time as the United States Coast Guard
shall consider it to be necessary, any portion of
the island which is being used and which is required for the purposes of a Coast Guard light
station.
(June 8, 1949, ch. 180, § 2, 63 Stat. 158; Pub. L.
98–422, Sept. 25, 1984, 98 Stat. 1615.)
CHANGE OF NAME
Pub. L. 98–422 provided:
‘‘That (a) in recognition of its historic significance to
the United States and Canada, the Saint Croix Island
National Monument in the State of Maine is hereby redesignated as the ‘Saint Croix Island International Historic Site’.
‘‘(b) Any reference in a law, map, regulation, document, record, or other paper of the United States to
such monument shall be deemed to be a reference to
the ‘Saint Croix Island International Historic Site’.
‘‘(c) Nothing in this joint resolution shall affect the
status of the ‘Saint Croix Island International Historic
Site’ as a national monument and a unit of the National Park System.’’
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 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 sections 1, 2, 3, and 4 of this title, as amended
and supplemented, and sections 461 to 467 of this
title.
(June 8, 1949, ch. 180, § 3, 63 Stat. 158.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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 (50 Stat. 1760), after
September 25, 1950, shall comprise the followingdescribed area:
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

Page 498

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-ofway 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,

Page 499

§ 450ii–3

TITLE 16—CONSERVATION

range 15 east, sections 2 to 36, inclusive, partly
unsurveyed; township 3 south, range 15 east, sections 1 to 12, inclusive, partly unsurveyed, and
section 18, unsurveyed; township 2 south, range
16 east, sections 18, 19, 30, and 31, unsurveyed;
and township 3 south, range 16 east, sections 6
and 7 unsurveyed. Also, all that portion of the
south half of the northeast quarter and of the
north half of the southeast quarter of section 33,
township 1 north, range 9 east, San Bernardino
base and meridian, in the county of San
Bernardino, State of California, shown on map
titled ‘‘Record of Survey’’ by H. F. Cameron,
Junior, licensed engineer 6826, dated December
29, 1948, and James B. Hommon, licensed engineer 6916, dated October 5, 1949, and made for the
National Park Service, Department of the Interior, and recorded October 17, 1949, in volume 7,
page 72, of the official records of the county of
San Bernardino, said land being described as follows:
Beginning at the United States Government
Land Office monument marked as the east
quarter corner of said section 33, thence proceeding on a true bearing south 89 degrees 02
minutes 10 seconds west a distance of 50.01 feet
to the true point of beginning of the hereinafter described parcel of land;
Thence north 0 degrees 02 minutes 55 seconds
west a distance of 250.08 feet to a point of
curve; thence along the arc of a curve to the
left having a radius of 20.00 feet a distance of
31.73 feet to a point of tangency; thence south
89 degrees 02 minutes 40 seconds west a distance of 2,559.24 feet; thence south 0 degrees 19
minutes 50 seconds east a distance of 270.76
feet;
Thence south 0 degrees 21 minutes 02 seconds
east a distance of 409.32 feet to the beginning
of a curve; thence along the arc of a curve to
the left having a radius of 280.98 feet a distance of 275.93 feet to a point of compound curvature; thence along the arc of a curve to the
left having a radius of 800.00 feet a distance of
753.98 feet to a point of tangency; thence north
69 degrees 22 minutes 58 seconds east a distance of 125.31 feet to the beginning of a curve;
Thence along the arc of a curve to the right
having a radius of 1,400.00 feet a distance of
1.042.74 feet to a point of tangency; thence
south 67 degrees 56 minutes 33 seconds east a
distance of 94.55 feet to the beginning of a
curve; thence along the arc of a curve to the
left having a radius of 700.00 feet a distance of
366.52 feet to a point of compound curvature;
Thence along the arc of a curve to the left
having a radius of 167.60 feet a distance of
240.17 feet to a point of tangency; thence north
0 degrees 02 minutes 55 seconds west a distance
of 648.91 feet to the point of beginning containing 57.839 acres, more or less.
(Sept. 25, 1950, ch. 1030, § 1, 64 Stat. 1033; Pub. L.
87–80, June 30, 1961, 75 Stat. 197.)
AMENDMENTS
1961—Pub. L. 87–80 included within the boundaries of
Joshua Tree National Monument certain federally
owned lands situate in county of San Bernardino, California.

ABOLITION OF JOSHUA TREE NATIONAL MONUMENT
Joshua Tree National Monument abolished and incorporated in Joshua Tree National Park, see section
410aaa–22 of this title.

§ 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 sections 450ii to 450ii–3 of
this title are opened to location, entry, and patenting under the United States mining laws:
Provided, That such public-domain lands or portions thereof shall be restored to application
and entry under other applicable public land
laws, including the mineral leasing laws.
(Sept. 25, 1950, ch. 1030, § 2, 64 Stat. 1035.)
ABOLITION OF JOSHUA TREE NATIONAL MONUMENT
Joshua Tree National Monument abolished and incorporated in Joshua Tree National Park, see section
410aaa–22 of this title.

§ 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 sections 450ii to 450ii–3
of this title, which are in effect on September 25,
1950, shall continue in effect, subject to compliance with the terms and conditions therein set
forth, until terminated in accordance with the
provisions thereof.
(Sept. 25, 1950, ch. 1030, § 3, 64 Stat. 1035.)
ABOLITION OF JOSHUA TREE NATIONAL MONUMENT
Joshua Tree National Monument abolished and incorporated in Joshua Tree National Park, see section
410aaa–22 of this title.

§ 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, 64 Stat. 1035; Pub. L.
102–154, title I, Nov. 13, 1991, 105 Stat. 1000; Pub.
L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of Title 30,
Mineral Lands and Mining. For provisions relating to
closure and transfer of functions of the United States
Bureau of Mines, see Transfer of Functions note set out
under section 1 of Title 30.
‘‘United States Geological Survey’’ substituted in
text for ‘‘Geological Survey’’ pursuant to provision of

§ 450jj

TITLE 16—CONSERVATION

title I of Pub. L. 102–154, set out as a note under section
31 of Title 43, Public Lands.
ABOLITION OF JOSHUA TREE NATIONAL MONUMENT
Joshua Tree National Monument abolished and incorporated in Joshua Tree National Park, see section
410aaa–22 of this title.

§ 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, 68 Stat. 98.)
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98–398, title II, § 203, Aug. 24, 1984, 98 Stat.
1472, provided that: ‘‘This title [enacting sections
450jj–3 to 450jj–9 of this title, enacting provisions set
out as a note under section 450jj–3 of this title, and
amending provisions set out as a note under this section] may be cited as the ‘Jefferson National Expansion
Memorial Amendments Act of 1984’.’’
DISPOSITION OF FUNDS RECEIVED BY NATIONAL PARK
SERVICE AS REIMBURSEMENT FOR COSTS INCURRED
Pub. L. 99–500, § 101(h) [title I, § 100], Oct. 18, 1986, 100
Stat. 1783–242, 1783–251, and Pub. L. 99–591, § 101(h) [title
I, § 100], Oct. 30, 1986, 100 Stat. 3341–242, 3341–251, provided: ‘‘That notwithstanding any other provision of
law, hereafter funds received by the National Park
Service as reimbursement for the cost of providing security, law enforcement, interpretive, and other services with respect to the operation of facilities at the
Jefferson National Expansion Memorial National Historic Site shall be credited to the appropriation bearing
the cost of providing such services.’’
AUTHORIZATION OF APPROPRIATIONS; FEDERAL AND
NON-FEDERAL RATIO OF EXPENDITURES
Section 11, formerly section 4, of act May 17, 1954, as
amended by Pub. L. 85–936, Sept. 6, 1958, 72 Stat. 1794;
Pub. L. 89–269, Oct. 19, 1965, 79 Stat. 991; Pub. L. 94–578,
title II, § 201(6), Oct. 21, 1976, 90 Stat. 2733; and renumbered § 11 and amended by Pub. L. 98–398, title II,
§ 201(b), Aug. 24, 1984, 98 Stat. 1471; Pub. L. 102–355, § 1(3),
Aug. 26, 1992, 106 Stat. 947, provided that:
‘‘(a) There is hereby authorized to be appropriated
not to exceed $32,750,000 to carry out the purposes of
this Act [sections 450jj to 450jj–9 of this title]: Provided,
That funds authorized to be appropriated by this Act
shall be expended by the United States for construction
of the memorial in the ratio of $3 of Federal funds for
each $1 of money contributed hereafter by the city of
Saint Louis or other non-Federal source for purposes of
the memorial, and for such purposes the Secretary is
authorized to accept from the said city or other nonFederal sources, and to utilize for purposes of this Act,
any money so contributed: Provided further, That the
value of any land hereafter contributed by the city of
Saint Louis shall be excluded from the computation of
the city’s share.
‘‘(b)(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

Page 500

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.’’

§ 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 sections 450jj to 450jj–9
of this title. The Secretary is also authorized to
employ, in his discretion, by contract or otherwise, landscape architects, architects, engineers,
sculptors, artists, other expert consultants, or
firms, partnerships, or associations thereof, and
to include in any such contract provision for the
utilization of the services and facilities, and the
payment of the travel and other expenses, of
their respective organizations, in accordance
with the usual customs of the several professions and at the prevailing rates for such services and facilities, without regard to the civilservice laws or regulations, chapter 51 and subchapter III of chapter 53 of title 5, section 6101 of

Page 501

§ 450jj–4

TITLE 16—CONSERVATION

title 41, or any other law or regulation relating
to either employment or compensation.

§ 450jj–3. Designation of additional land by Secretary; manner of acquiring additional land

(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 aboveground 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.

(a) There is hereby designated for addition to
the Jefferson National Expansion Memorial
(hereinafter in sections 450jj–3 to 450jj–9 of this
title referred to as the ‘‘Memorial’’) approximately one hundred acres in the city of East
Saint Louis, Illinois, contiguous with the Mississippi River and between the Eads Bridge and
the Poplar Street Bridge, as generally depicted
on the map entitled ‘‘Boundary Map, Jefferson
National Expansion Memorial’’, numbered
366–80013, dated January 1992, which shall be on
file and available for public inspection in the offices of the National Park Service, Department
of the Interior. The additional acreage authorized by this section is in recognition of the historical significance of the Memorial site to the
westward expansion of the United States and the
historical linkage of this site on the
Mississippi in both Missouri and Illinois to such
expansion, the international recognition of the
Gateway Arch, designed by Eero Saarinen, as
one of the world’s great sculptural and architectural achievements, and the increasing use of
the Memorial site by millions of people from all
over the United States and the world.
(b) Within the area designated in accordance
with this section, the Secretary of the Interior
may acquire lands and interests in lands by donation, purchase with donated or appropriated
funds, or exchange, except that lands owned by
the State of Illinois or any political subdivision
thereof may be acquired only by donation.

(c) Easements; public protection
The Secretary of the Interior is authorized to
grant easements for the purpose of erecting
under-ground structures suitable for public protection under such terms and conditions as he
may consider to be compatible with maintaining
the integrity, appearance, and purposes of said
memorial.
(May 17, 1954, ch. 204, § 2, 68 Stat. 99.)
REFERENCES IN TEXT
Herein, referred to in subsec. (a), means act May 17,
1954, which is generally classified to sections 450jj to
450jj–9 of this title. For complete classification of this
Act to the Code, see Tables.
CODIFICATION
In subsec. (a), ‘‘chapter 51 and subchapter III of chapter 53 of title 5’’ substituted for ‘‘the Classification Act
of 1949, as amended’’ on authority of Pub. L. 89–554,
§ 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of
which enacted Title 5, Government Organization and
Employees.
In subsec. (a), ‘‘section 6101 of title 41’’ substituted
for ‘‘section 3709 of the Revised Statutes, as amended’’
on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124
Stat. 3854, which Act enacted Title 41, Public Contracts.

§ 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, 68 Stat. 99.)
REFERENCES IN TEXT
Herein, referred to in text, means act May 17, 1954,
which is generally classified to sections 450jj to 450jj–9
of this title. For complete classification of this Act to
the Code, see Tables.

(May 17, 1954, ch. 204, § 4, as added Pub. L. 98–398,
title II, § 201(a), Aug. 24, 1984, 98 Stat. 1467;
amended Pub. L. 102–355, § 1(1), Aug. 26, 1992, 106
Stat. 947.)
PRIOR PROVISIONS
A prior section 4 of act May 17, 1954, was renumbered
section 11 and is set out as a note under section 450jj of
this title.
AMENDMENTS
1992—Subsec. (a). Pub. L. 102–355 substituted ‘‘There
is hereby designated’’ for ‘‘The Secretary of the Interior is further authorized to designate’’, ‘‘approximately’’ for ‘‘not more than’’, and ‘‘366–80013, dated
January 1992,’’ for ‘‘MWR–366/80,004, and dated February
9, 1984,’’.
COMPLIANCE WITH CONGRESSIONAL BUDGET ACT
Section 202 of title II of Pub. L. 98–398 provided that:
‘‘Any provision of this title (or any amendment made
by this title) [enacting sections 450jj–3 to 450jj–9 of this
title and enacting and amending provisions set out as
notes under section 450jj of this title] which, directly or
indirectly, authorizes the enactment of new budget authority described in section 402(a) of the Congressional
Budget Act of 1974 [2 U.S.C. 652(a)] shall be effective
only for fiscal years beginning after September 30,
1983.’’

§ 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 section 450jj–3
of this title. Any such transfer shall be consist-

§ 450jj–5

TITLE 16—CONSERVATION

ent with the management plan for the area and
with the requirements of section 460l–22 of this
title and shall be subject to such conditions and
restrictions as the Secretary deems necessary to
carry out the purposes of sections 450jj to 450jj–9
of this title, including terms and conditions
which provide for—
(1) the continuation of existing uses of the
land which are compatible with the Memorial,
(2) the protection of the important historical
resources of the leased area, and
(3) the retention by the Secretary of such access and development rights as the Secretary
deems necessary to provide for appropriate
visitor use and resource management.
In transferring any lands or interest in lands
under this section, the Secretary shall take into
account the views of the Commission established under section 450jj–6 of this title.
(May 17, 1954, ch. 204, § 5, as added Pub. L. 98–398,
title II, § 201(a), Aug. 24, 1984, 98 Stat. 1468.)
REFERENCES IN TEXT
Section 450jj–6 of this title, referred to in text, was in
the original ‘‘section 8’’, meaning section 8 of act May
17, 1954, ch. 204, and was translated as reading ‘‘section
7’’ of such act, to reflect the probable intent of Congress, because section 7 related to the establishment of
the Jefferson National Expansion Memorial Commission.
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 section 450jj of this title, prior to the
general amendment made by Pub. L. 85–936, Sept. 6,
1958, 72 Stat. 1794.

§ 450jj–5. Administration of Memorial; cooperation with State and local governments and
private sector
Lands and interests in lands acquired pursuant
to section 450jj–3 of this title shall, upon acquisition, be a part of the Memorial. The Secretary
of the Interior shall administer the Memorial in
accordance with sections 450jj to 450jj–9 of this
title and the provisions of law generally applicable to units of the national park system, including sections 1, 2, 3, and 4 of this title and sections 461 to 467 of this title. In the development,
management, and operation of that portion of
the Memorial which is added to the Memorial
under section 450jj–3 of this title, the Secretary
shall, to the maximum extent feasible, utilize
the assistance of State and local government
agencies and the private sector. For such purposes, the Secretary may, consistent with the
management plan for the area, enter into cooperative agreements with the State, with any political subdivision of the State, or with any person. Any such cooperative agreement shall, at a
minimum, establish procedures for providing notice to the Secretary of any action proposed by
the State, such political subdivision, or such
person, which may affect the area.
(May 17, 1954, ch. 204, § 6, as added Pub. L. 98–398,
title II, § 201(a), Aug. 24, 1984, 98 Stat. 1468.)

Page 502

§ 450jj–6. Jefferson National Expansion Memorial
Commission
(a) Establishment
There is hereby established the Jefferson National Expansion Memorial Commission (hereinafter in sections 450jj–6 to 450jj–9 of this title referred to as the ‘‘Commission’’).
(b) Composition
The Commission shall be composed of twenty
members as follows:
(1) The county executive of Saint Louis
County, Missouri, ex officio, or a delegate.
(2) The chairman of the Saint Clair County
Board of Supervisors, Illinois, ex officio, or a
delegate.
(3)(A) The executive director of the Bi-State
Development Agency, Saint Louis, Missouri,
ex officio, or a delegate.
(B) A member of the Bi-State Development
Agency, Saint Louis, Missouri, who is not a
resident of the same State as the executive director of such agency, appointed by a majority
of the members of such agency, or a delegate.
(4) The mayor of the city of East Saint
Louis, Illinois, ex officio, or a delegate.
(5) The mayor of Saint Louis, Missouri, ex
officio, or a delegate.
(6) The Governor of the State of Illinois, ex
officio, or a delegate.
(7) The Governor of the State of Missouri, ex
officio, or a delegate.
(8) The Secretary of the Interior, ex officio,
or a delegate.
(9) The Secretary of Housing and Urban Development, ex officio, or a delegate.
(10) The Secretary of Transportation, ex officio, or a delegate.
(11) The Secretary of the Treasury, ex officio, or a delegate.
(12) The Secretary of Commerce, ex officio,
or a delegate.
(13) The Secretary of the Smithsonian Institution, ex officio, or a delegate.
(14) Three individuals appointed by the Secretary of the Interior from a list of individuals
nominated by the mayor of East Saint Louis,
Illinois, and the Governor of the State of Illinois.
(15) Three individuals appointed by the Secretary of the Interior from a list of individuals
nominated by the mayor of Saint Louis, Missouri, and the Governor of the State of Missouri.
Individuals nominated for appointment under
paragraphs (14) and (15) shall be individuals who
have knowledge and experience in one or more
of the fields of parks and recreation, environmental protection, historic preservation, cultural affairs, tourism, economic development,
city planning and management, finance, or public administration. A vacancy in the Commission shall be filled in the manner in which the
original appointment was made.
(c) Term of office of members
(1) Except as provided in paragraphs (2) and
(3), members of the Commission shall be appointed for terms of three years.
(2) Of the members of the Commission first appointed under paragraphs (14) and (15) of subsection (c) of this section—

Page 503

TITLE 16—CONSERVATION

(A) two shall be appointed for terms of one
year;
(B) two shall be appointed for terms of two
years; and
(C) two shall be appointed for terms of three
years;
as designated by the Secretary of the Interior at
the time of appointment.
(3) Any member of the Commission appointed
to fill a vacancy occurring before the expiration
of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member of the Commission
may serve after the expiration of his term until
his successor has taken office.
(d) Compensation of members; travel expenses
and per diem
Members of the Commission shall receive no
pay on account of their service on the Commission, but while away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same
manner as persons employed intermittently in
the Government service are allowed expenses
under section 5703 of title 5.
(e) Chairperson
The chairperson of the Commission shall be
elected by the members of the Commission.
(f) Assistance from Federal agencies
Upon request of the Commission, the head of
any Federal agency represented by members on
the Commission may detail any of the personnel
or 1 such agency, or provide administrative services to the Commission to assist the Commission in carrying out the Commission’s duties
under section 450jj–7 of this title.
(g) Gifts, bequests, or donations
The Commission may, for the purposes of carrying out the Commission’s duties under section
450jj–7 of this title, seek, accept, and dispose of
gifts, bequests, or donations of money, personal
property, or services, received from any source.
(h) Termination; extension
(1) Except as provided in paragraph (2), the
Commission shall terminate on the day occurring ten years after August 24, 1984.
(2) The Secretary of the Interior may extend
the life of the Commission for a period of not
more than five years beginning on the day referred to in paragraph (1) if the Commission determines that such extension is necessary in
order for the Commission to carry out sections
450jj to 450jj–9 of this title.

§ 450jj–8

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 Pub. L. 98–398,
title II, § 201(a), Aug. 24, 1984, 98 Stat. 1470.)

(May 17, 1954, ch. 204, § 7, as added Pub. L. 98–398,
title II, § 201(a), Aug. 24, 1984, 98 Stat. 1469.)

§ 450jj–8. Repealed. Pub. L. 102–355, § 1(2), Aug.
26, 1992, 106 Stat. 947

§ 450jj–7. Development and management plan for
East Saint Louis, Illinois, portion of Memorial

Section, act May 17, 1954, ch. 204, § 9, as added Aug. 24,
1984, Pub. L. 98–398, title II, § 201(a), 98 Stat. 1471, related to approval of development and management plan
for East Saint Louis, Illinois, portion of Jefferson National Expansion Memorial, and transmission by Secretary of notice of approval of plan to Congressional
committees.

(a) Within two years from August 24, 1984, the
Commission shall develop and transmit to the
Secretary a development and management plan
1 So

in original. Probably should be ‘‘of’’.

1 So

in original. Probably should be ‘‘therefor,’’.

§ 450jj–9

TITLE 16—CONSERVATION

§ 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 section 450jj–3 of this title
shall—
(1) consult with the Secretary of the Interior
and the Commission with respect to such activities;
(2) cooperate with the Secretary of the Interior and the Commission in carrying out their
duties under sections 450jj to 450jj–9 of this
title, and to the maximum extent practicable,
coordinate such activities with the carrying
out of such duties; and
(3) to the maximum extent practicable, conduct or support such activities in a manner
which the Secretary determines will not have
an adverse effect on the Memorial.
(May 17, 1954, ch. 204, § 10, as added Pub. L.
98–398, title II, § 201(a), Aug. 24, 1984, 98 Stat.
1471.)
§ 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 section 450kk–1 of
this title. Donated lands may be accepted subject to such reservations, terms, and conditions
as may be satisfactory to the Secretary, including right of reversion to donor, or its successors
and assigns, upon abandonment as a national
monument, and reservation of mineral rights
subject to condition that surface of donated
lands may not be used or disturbed in connection therewith, without the consent of the Secretary.
(June 28, 1954, ch. 401, § 1, 68 Stat. 298.)
§ 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 section 450kk of this title, such property shall be
established as the ‘‘Fort Union National Monument’’ and thereafter shall be administered by
the Secretary of the Interior in accordance with
the laws and regulations applicable to national
monuments. An order of the Secretary, constituting notice of such establishment, shall be
published in the Federal Register.
Following establishment of the national
monument, additional properties may be acquired as provided in section 450kk of this title,

Page 504

which properties, upon acquisition of title thereto by the United States, shall become a part of
the national monument: Provided, That the total
area of the national monument established pursuant to this section and section 450kk of this
title shall not exceed one thousand acres, exclusive of such adjoining lands as may be covered
by scenic easements.
(June 28, 1954, ch. 401, § 2, 68 Stat. 299.)
§ 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, 70 Stat. 86.)
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–215, § 1, Aug. 21, 2002, 116 Stat. 1054, provided that: ‘‘This Act [enacting section 450ll–3 of this
title] may be cited as the ‘Booker T. Washington National Monument Boundary Adjustment Act of 2002’.’’
AUTHORIZATION OF APPROPRIATIONS
Section 4 of act Apr. 2, 1956, as amended by Pub. L.
92–272, title II, § 201(2), Apr. 11, 1972, 86 Stat. 120, provided that: ‘‘There are authorized to be appropriated
such sums not to exceed $600,000 as may be necessary to
carry out the provisions of this act [sections 450ll to
450ll–2 of this title].’’

§ 450ll–1. Establishment and supervision
The real property acquired under section 450ll
of this title shall constitute the Booker T.
Washington National Monument and shall be a
public national memorial to Booker T. Washington, noted Negro educator and apostle of good
will. The Secretary of the Interior shall have
the supervision, management, and control of
such national monument, and shall maintain
and preserve it in a suitable and enduring manner which, in his judgment, will provide for the
benefit and enjoyment of the people of the
United States.
(Apr. 2, 1956, ch. 158, § 2, 70 Stat. 86.)
§ 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 section 450ll of this title or in
a building constructed by him for the purpose,
a museum for relics and records pertaining to
Booker T. Washington, and for other articles
of national and patriotic interest, and to accept, on behalf of the United States, for installation in such museum, articles which may be
offered as additions to the museum; and
(2) provide for public parks and recreational
areas, construct roads and mark with monuments, tablets, or otherwise, points of interest, within the boundaries of the Booker T.
Washington National Monument.
(Apr. 2, 1956, ch. 158, § 3, 70 Stat. 86.)

Page 505

TITLE 16—CONSERVATION

§ 450ll–3. Additional lands
(a) Lands added to Monument
The boundary of the Booker T. Washington
National Monument is modified to include the
approximately 15 acres, as generally depicted on
the map entitled ‘‘Boundary Map, Booker T.
Washington National Monument, Franklin
County, Virginia’’, numbered BOWA 404/80,024,
and dated February 2001. The map shall be on
file and available for inspection in the appropriate offices of the National Park Service, Department of the Interior.
(b) Acquisition of additional lands
The Secretary of the Interior is authorized to
acquire from willing owners the land or interests in land described in subsection (a) of this
section by donation, purchase with donated or
appropriated funds, or exchange.
(c) Administration of additional lands
Lands added to the Booker T. Washington National Monument by subsection (a) of this section shall be administered by the Secretary of
the Interior as part of the monument in accordance with applicable laws and regulations.
(Apr. 2, 1956, ch. 158, § 5, as added Pub. L. 107–215,
§ 2, Aug. 21, 2002, 116 Stat. 1054.)
§§ 450mm to 450mm–3. Repealed. Pub. L. 108–387,
title I, § 105(a), Oct. 30, 2004, 118 Stat. 2236
Section 450mm, Pub. L. 85–435, § 1, May 29, 1958, 72
Stat. 153, established the Fort Clatsop National Memorial.
Section 450mm–1, Pub. L. 85–435, § 2, May 29, 1958, 72
Stat. 153; Pub. L. 95–625, title III, § 311, Nov. 10, 1978, 92
Stat. 3478; Pub. L. 107–221, § 3(a), Aug. 21, 2002, 116 Stat.
1333, related to designation of land for, improvements
to, and size of, the Memorial.
Section 450mm–2, Pub. L. 85–435, § 3, May 29, 1958, 72
Stat. 153; Pub. L. 107–221, § 3(b), Aug. 21, 2002, 116 Stat.
1334, provided authority for Secretary of the Interior to
acquire land for the Memorial.
Section 450mm–3, Pub. L. 85–435, § 4, May 29, 1958, 72
Stat. 153; Pub. L. 107–221, § 3(c), Aug. 21, 2002, 116 Stat.
1334, related to administration of the Memorial by the
Secretary.
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–221, § 1, Aug. 21, 2002, 116 Stat. 1333, provided that: ‘‘This Act [amending sections 450mm–1 to
450mm–3 of this title and enacting provisions set out as
a note under section 450mm–1 of this title] may be cited
as the ‘Fort Clatsop National Memorial Expansion Act
of 2002’.’’

§ 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.
(Pub. L. 85–659, Aug. 14, 1958, 72 Stat. 614.)
§ 450oo. Grand Portage National Monument; establishment; effective date
For the purpose of preserving an area containing unique historical values, there is authorized

§ 450oo

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-ofway 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 begin-

§ 450oo–1

TITLE 16—CONSERVATION

ning, 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
450oo–1 of this title to the Secretary of the Interior for administration as a part of the Grand
Portage National Monument. Notice of the establishment of the monument as authorized and
prescribed by sections 450oo to 450oo–10 of this
title shall be published in the Federal Register.
(Pub. L. 85–910, § 1, Sept. 2, 1958, 72 Stat. 1751.)
§ 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 450oo of this title
which is now held in trust by the United States
of America for the said tribe or band; the executive committee of the Minnesota Chippewa
Tribe and the tribal council of the Grand Portage Band of Chippewa Indians, Minnesota, are
authorized to execute such instruments of relinquishment in favor of the United States; and acceptance of the relinquishment by the Secretary
shall operate as a transfer of custody, control
and administration of such properties for administration and as a part of the Grand Portage National Monument: Provided, That upon the acceptance of any donated lands and interests
therein the Secretary shall recognize, honor,
and respect, in accordance with the terms thereof, any existing life assignments on such properties.
(Pub. L. 85–910, § 2, Sept. 2, 1958, 72 Stat. 1752.)

Page 506

§ 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.
(Pub. L. 85–910, § 3, Sept. 2, 1958, 72 Stat. 1752.)
§ 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.
(Pub. L. 85–910, § 4, Sept. 2, 1958, 72 Stat. 1753.)
§ 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.
(Pub. L. 85–910, § 5, Sept. 2, 1958, 72 Stat. 1753.)
§ 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.
(Pub. L. 85–910, § 6, Sept. 2, 1958, 72 Stat. 1753.)
§ 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.
(Pub. L. 85–910, § 7, Sept. 2, 1958, 72 Stat. 1753.)
§ 450oo–7. Docking facilities
The Secretary of the Interior, subject to the
availability of appropriated funds, shall construct and maintain docking facilities at the

Page 507

§§ 450qq to 450qq–4

TITLE 16—CONSERVATION

Northwest Company area for use in connection
with the monument. Such facilities shall be
available for use by the Minnesota Chippewa
Tribe and its recognized members, without
charge to them, under regulations to be prescribed by the Secretary.
(Pub. L. 85–910, § 8, Sept. 2, 1958, 72 Stat. 1753.)
§ 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.
(Pub. L. 85–910, § 9, Sept. 2, 1958, 72 Stat. 1753.)
§ 450oo–9. Administration, protection, and development
When establishment of the monument has
been effected, pursuant to sections 450oo to
450oo–10 of this title, the Secretary of the Interior shall administer, protect, and develop the
monument in accordance with the provisions of
sections 1, 2, 3, and 4 of this title, as amended.
(Pub. L. 85–910, § 10, Sept. 2, 1958, 72 Stat. 1753.)
§ 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 450oo–1 of this title shall
thereupon automatically revert to the Minnesota Chippewa Tribe and the Grand Portage
Band of Chippewa Indians, Minnesota, their successors or assigns. In such event, the title will
be taken in a fee simple status unless the United
States holds other lands in trust for the Minnesota Chippewa Tribe or the Grand Portage
Band of Chippewa Indians, Minnesota, in which
event the title shall revert to the United States
in trust for the Minnesota Chippewa Tribe or the
Grand Portage Band of Chippewa Indians, Minnesota.
(Pub. L. 85–910, § 11, Sept. 2, 1958, 72 Stat. 1753.)
§ 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.

(Pub. L. 89–293, § 1, Oct. 22, 1965, 79 Stat. 1069.)
§ 450pp–1. Establishment; notice of establishment; administration
The property acquired pursuant to section
450pp of this title shall be established as the
Roger Williams National Memorial and the Secretary of the Interior shall publish notice of
such establishment in the Federal Register.
Such national Memorial shall be administered
by the Secretary subject to the provisions of
sections 1, 2, 3, and 4 of this title, as amended
and supplemented, and sections 461 to 467 of this
title.
(Pub. L. 89–293, § 2, Oct. 22, 1965, 79 Stat. 1069.)
§ 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.
(Pub. L. 89–293, § 3, Oct. 22, 1965, 79 Stat. 1070.)
§ 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 sections 450pp to 450pp–3 of this title.
(Pub. L. 89–293, § 4, Oct. 22, 1965, 79 Stat. 1070;
Pub. L. 96–607, title I, § 101, Dec. 28, 1980, 94 Stat.
3539.)
AMENDMENTS
1980—Pub. L. 96–607 substituted ‘‘$146,000 for the acquisition of lands and interests in land and not more
than $1,862,000’’ for ‘‘$700,000 for the acquisition of lands
and interests in land and’’.

§§ 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 Pub. L. 96–287, title I, § 103(b), June 28, 1980,
94 Stat. 600, classified to section 410gg–2(b) of this title.
Section 450qq, Pub. L. 90–606, § 1, Oct. 18, 1968, 82 Stat.
1188, authorized establishment of the Monument, made

§ 450rr

TITLE 16—CONSERVATION

drawings of the Monument area available for public inspection in the offices of the National Park Service, authorized revision of boundaries, prescribed limitation
of ninety-six thousand three hundred acres, and prohibited outward revision of the Monument or obstruction
of prospective seaport channels. See section 410gg of
this title.
Section 450qq–1, Pub. L. 90–606, § 2, Oct. 18, 1968, 82
Stat. 1188, provided for acquisition of property, authorized maximum of eighty acres for a mainland headquarters site and forty acres for a Key Largo visitor
contact site, and authorized exchange of Federal for
non-Federal property, including cash equalization payments. See section 410gg–1 of this title.
Section 450qq–2, Pub. L. 90–606, § 3, Oct. 18, 1968, 82
Stat. 1189, required the donation and transfer of State
lands as condition for establishment of the Monument
and Federal acquisition of other lands, and authorized
land options for the Secretary and acquisitions to be
made after State transfers.
Section 450qq–3, Pub. L. 90–606, § 4, Oct. 18, 1968, 82
Stat. 1189, provided for administration of the Monument and recognition of fishing rights under Florida
law as otherwise regulated by the Secretary. See section 410gg–2 of this title.
Section 450qq–4, Pub. L. 90–606, § 5, Oct. 18, 1968, 82
Stat. 1189; Pub. L. 93–477, title I, § 101(1), Oct. 26, 1974, 88
Stat. 1445; Pub. L. 95–625, title I, § 101(4), Nov. 10, 1978,
92 Stat. 3470, authorized appropriation of $28,350,000 and
$6,565,000 for land acquisition and development. See section 410gg–5 of this title.

§ 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
sections 450rr to 450rr–6 of this title are—
(1) to encourage international efforts to designate the R.M.S. Titanic as an international
maritime memorial to those who lost their
lives aboard her in 1912;
(2) to direct the United States to enter into
negotiations with other interested nations to
establish an international agreement which
will provide for the designation of the R.M.S.
Titanic as an international maritime memorial, and protect the scientific, cultural, and
historical significance of the R.M.S. Titanic;
(3) to encourage, in those negotiations or in
other fora, the development and implementation of international guidelines for conducting

Page 508

research on, exploration of, and if appropriate,
salvage of the R.M.S. Titanic; and
(4) to express the sense of the United States
Congress that, pending such international
agreement or guidelines, no person should
physically alter, disturb, or salvage the R.M.S.
Titanic in any research or exploratory activities which are conducted.
(Pub. L. 99–513, § 2, Oct. 21, 1986, 100 Stat. 2082.)
SHORT TITLE
Section 1 of Pub. L. 99–513 provided that: ‘‘This Act
[enacting this section and sections 450rr–1 to 450rr–6 of
this title] may be cited as the ‘R.M.S. Titanic Maritime
Memorial Act of 1986’.’’

§ 450rr–1. Definitions
For the purposes of sections 450rr to 450rr–6 of
this title, the term—
(a) ‘‘Administrator’’ means the Administrator of the National Oceanic and Atmospheric Administration (NOAA);
(b) ‘‘person’’ means any individual (whether
or not a citizen or national of the United
States), any corporation, partnership, association, or other entity (whether or not organized
or existing under the laws of any State), and
any Federal, State, local, or foreign government or any entity of any such government;
(c) ‘‘R.M.S. Titanic’’ means the shipwrecked
vessel R.M.S. Titanic, her cargo or other contents, including those items which are scattered on the ocean floor in her vicinity; and
(d) ‘‘Secretary’’ means the Secretary of
State.
(Pub. L. 99–513, § 3, Oct. 21, 1986, 100 Stat. 2082.)
§ 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.
(Pub. L. 99–513, § 4, Oct. 21, 1986, 100 Stat. 2083.)
§ 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 sections
450rr to 450rr–6 of this title; and
(2) promote the safety of individuals involved in such operations.
(b) In carrying out subsection (a) of this section, the Administrator shall consult with the
Secretary and shall promote full participation
by other interested Federal agencies, academic
and research institutions, and members of the
public.
(Pub. L. 99–513, § 5, Oct. 21, 1986, 100 Stat. 2083.)
§ 450rr–4. International agreement
(a) Negotiations
The Secretary is directed to enter into negotiations with the United Kingdom, France, Can-

Page 509

§ 450ss

TITLE 16—CONSERVATION

ada, and other interested nations to develop an
international agreement which provides for—
(1) the designation of the R.M.S. Titanic as
an international maritime memorial; and
(2) research on, exploration of, and if appropriate, salvage of the R.M.S. Titanic consistent with the international guidelines developed pursuant to section 450rr–3 of this title
and the purposes of sections 450rr to 450rr–6 of
this title.
(b) Consultation with Administrator
In carrying out the requirements of subsection
(a) of this section, the Secretary shall consult
with the Administrator, who shall provide research and technical assistance to the Secretary.
(c) Reports to Congressional committees on
progress of negotiations and consultations
The Secretary and the Administrator shall report semiannually to the Committee on Merchant Marine and Fisheries and the Committee
on Foreign Affairs in the House of Representatives and to the Committee on Foreign Relations and the Committee on Commerce, Science,
and Transportation in the Senate on the
progress of the negotiations and consultations.
(d) Notification of agreement and recommendations to Congressional committees
Upon adoption of an international agreement
as described in subsection (a) of this section, the
Secretary shall provide notification of the
agreement and recommendations for legislation
to implement the agreement to the Committee
on Merchant Marine and Fisheries and the Committee on Foreign Affairs in the House of Representatives and to the Committee on Foreign
Relations and the Committee on Commerce,
Science, and Transportation in the Senate.
(Pub. L. 99–513, § 6, Oct. 21, 1986, 100 Stat. 2083.)
ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE
AND FISHERIES
Committee on Merchant Marine and Fisheries of
House of Representatives abolished and its jurisdiction
transferred by House Resolution No. 6, One Hundred
Fourth Congress, Jan. 4, 1995. For treatment of references to Committee on Merchant Marine and Fisheries, see section 1(b)(3) of Pub. L. 104–14, set out as a
note preceding section 21 of Title 2, The Congress.

§ 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 450rr–4(a) of this
title or implementation of the international
guidelines described in section 450rr–3 of this
title, no person should conduct any such research or exploration activity which would
physically alter, disturb, or salvage the R.M.S.
Titanic.
(Pub. L. 99–513, § 7, Oct. 21, 1986, 100 Stat. 2084.)

§ 450rr–6. Disclaimer
ereignty

of

extraterritorial

sov-

By enactment of sections 450rr to 450rr–6 of
this title, the United States does not assert sovereignty, or sovereign or exclusive rights or jurisdiction over, or the ownership of, any marine
areas or the R.M.S. Titanic.
(Pub. L. 99–513, § 8, Oct. 21, 1986, 100 Stat. 2084.)
§ 450ss. Findings and purposes
Congress finds that—
(1) few events in the past quarter-century
have rocked Americans’ perception of themselves and their institutions, and brought together the people of our Nation with greater
intensity than the April 19, 1995, bombing of
the Alfred P. Murrah Federal Building in
downtown Oklahoma City;
(2) the resulting deaths of 168 people, some of
whom were children, immediately touched
thousands of family members whose lives will
forever bear scars of having those precious to
them taken away so brutally;
(3) suffering with such families are countless
survivors, including children, who struggle not
only with the suffering around them, but their
own physical and emotional injuries and with
shaping a life beyond April 19;
(4) such losses and struggles are personal
and, since they resulted from so public an attack, they are also shared with a community,
a Nation, and the world;
(5) the story of the bombing does not stop
with the attack itself or with the many losses
it caused. The responses of Oklahoma’s public
servants and private citizens, and those from
throughout the Nation, remain as a testament
to the sense of unity, compassion, even heroism, that characterized the rescue and recovery following the bombing;
(6) during the days immediately following
the Oklahoma City bombing, Americans and
people from around the world of all races, political philosophies, religions and walks of life
responded with unprecedented solidarity and
selflessness; and
(7) given the national and international impact and reaction, the Federal character of the
site of the bombing, and the significant percentage of the victims and survivors who were
Federal employees, the Oklahoma City Memorial will be established, designed, managed and
maintained to educate present and future generations, through a public/private partnership,
to work together efficiently and respectfully
in developing a National Memorial relating to
all aspects of the April 19, 1995, bombing in
Oklahoma City.
(Pub. L. 105–58, § 2, Oct. 9, 1997, 111 Stat. 1261.)
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–199, div. F, title V, § 544(a), Jan. 23, 2004,
118 Stat. 347, provided that: ‘‘This section [amending
sections 450ss–1 to 450ss–3 and 450ss–5 of this title, repealing sections 450ss–4, 450ss–6, and 450ss–7 of this
title, and enacting provisions set out as notes under
sections 450ss–3 and 450ss–4 of this title] may be cited as
the ‘Oklahoma City National Memorial Act Amendments of 2003’.’’

§ 450ss–1

TITLE 16—CONSERVATION
SHORT TITLE

Section 1 of Pub. L. 105–58 provided that: ‘‘This Act
[enacting this section and sections 450ss–1 to 450ss–7 of
this title] may be cited as the ‘Oklahoma City National
Memorial Act of 1997’.’’

§ 450ss–1. Definitions
In sections 450ss to 450ss–7 of this title:
(1) Foundation
The term ‘‘Foundation’’ means the Oklahoma City National Memorial Foundation, a
not-for-profit corporation that is—
(A) described in section 501(c)(3) of title 26;
(B) exempt from taxation under section
501(a) of such title; and
(C) dedicated to the support of the Memorial.
(2) Memorial
The term ‘‘Memorial’’ means the Oklahoma
City National Memorial designated under section 450ss–2(a) of this title.
(3) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) Trust
The term ‘‘Trust’’ means the Oklahoma City
National Memorial Trust.
(Pub. L. 105–58, § 3, Oct. 9, 1997, 111 Stat. 1262;
Pub. L. 108–199, div. F, title V, § 544(b), Jan. 23,
2004, 118 Stat. 347.)
AMENDMENTS
2004—Pub. L. 108–199 added par. (1), redesignated
former pars. (1) to (3) as pars. (2) to (4), respectively,
and struck out ‘‘designated under section 450ss–3(a) of
this title’’ before the period in par. (4).

§ 450ss–2. Oklahoma City National Memorial
(a) In order to preserve for the benefit and inspiration of the people of the United States and
the world, as a National Memorial certain lands
located in Oklahoma City, Oklahoma, there is
established as an affiliate of the National Park
System the Oklahoma City National Memorial.
(b) ADMINISTRATION OF MEMORIAL.—The Foundation shall administer the Memorial in accordance with sections 450ss to 450ss–7 of this title
and the general objectives of the ‘‘Memorial
Mission Statement’’, adopted March 26, 1996, by
the Foundation.
(c) The Memorial area shall be comprised of
the lands, facilities and structures generally depicted on the map entitled ‘‘Oklahoma City National Memorial’’, numbered OCNM 001, and
dated May 1997. The map shall be on file and
available for public inspection in the appropriate office of the Foundation.
(Pub. L. 105–58, § 4, Oct. 9, 1997, 111 Stat. 1262;
Pub. L. 108–199, div. F, title V, § 544(c), Jan. 23,
2004, 118 Stat. 347.)
AMENDMENTS
2004—Subsec. (a). Pub. L. 108–199, § 544(c)(1), substituted ‘‘an affiliate’’ for ‘‘a unit’’ in first sentence
and struck out second sentence, which read as follows:
‘‘The Memorial shall be administered by the Trust in
cooperation with the Secretary and in accordance with
the provisions of sections 450ss to 450ss–7 of this title,

Page 510

sections 1, 2, 3, and 4 of this title, and sections 461 to
467 of this title.’’
Subsec. (b). Pub. L. 108–199, § 544(c)(3), added subsec.
(b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 108–199, § 544(c)(2), (4), redesignated subsec. (b) as (c), substituted ‘‘1997. The map
shall be on file and available for public inspection in
the appropriate office of the Foundation.’’ for ‘‘1997
(hereafter referred to in sections 450ss to 450ss–7 of this
title as the ‘map’):’’, and struck out pars. (1) and (2)
which read as follows:
‘‘(1) Such map shall be on file and available for public
inspection in the appropriate offices of the National
Park Service and the Trust.
‘‘(2) After advising the Committee on Energy and
Natural Resources of the Senate and the Committee on
Resources of the House of Representatives, in writing,
the Trust, as established by section 450ss–3 of this title,
in consultation with the Secretary, may make minor
revisions of the boundaries of the Memorial when necessary by publication of a revised drawing or other
boundary description in the Federal Register.’’

§ 450ss–3. Transfer of Memorial property, rights,
authorities, and duties
(a) Transfer of Memorial property
(1) In general
Not later than 90 days after January 23, 2004,
the Trust shall transfer to the Foundation—
(A) all assets of the Trust, including all
real and personal property of the Memorial,
any appurtenances, buildings, facilities,
monuments, contents, artifacts, contracts
and contract rights, accounts, deposits, intangibles, trademarks, trade names, copyrights, all other intellectual property, all
other real and personal property of every
kind and character comprising the Memorial, and any amounts appropriated for the
Trust;
(B) any property owned by the Trust that
is adjacent or related to the Memorial; and
(C) all property maintained for the Memorial, together with all rights, authorities,
and duties relating to the ownership, administration, operation, and management of the
Memorial.
(2) Subsequent gifts
Any artifact, memorial, or other personal
property that is received by, or is intended by
any person to be given to, the Trust after the
date of transfer of property under paragraph
(1) shall be the property of the Foundation.
(b) Assumption of Trust obligations
Any obligations of the Trust relating to the
Memorial that have been approved by the Trust
before the date on which the property is transferred under subsection (a) of this section shall
become the responsibility of the Foundation on
the date of the transfer.
(c) Dissolution of Trust
Not later than 30 days after the transfer under
subsection (a) of this section is completed—
(1) the Trust shall be dissolved; and
(2) the Trust shall notify the Secretary of
the date of dissolution.
(d) Authority to enter into agreements
The Secretary, acting through the National
Park Service, is authorized to enter into 1 or
more cooperative agreements with the Founda-

Page 511

§ 452

TITLE 16—CONSERVATION

tion for the National Park Service to provide interpretive services related to the Memorial and
such other assistance as may be agreed upon between the Secretary and the Foundation. The
costs of the services and other agreed assistance
shall be paid by the Secretary.
(e) General Services Administration authority
The Administrator of General Services shall
provide, on a non-reimbursable basis, services
necessary for the facilitation of the transfer of
the Memorial to the Foundation.
(f) Limitation
Nothing in sections 450ss to 450ss–7 of this title
shall prohibit the use of State and local law enforcement for the purposes of security related to
the Memorial.
(Pub. L. 105–58, § 5, Oct. 9, 1997, 111 Stat. 1262;
Pub. L. 108–199, div. F, title V, § 544(d), Jan. 23,
2004, 118 Stat. 347.)
AMENDMENTS
2004—Pub. L. 108–199 amended section generally. Prior
to amendment, section provided for establishment of
the Oklahoma City National Memorial Trust, its Board
of Directors, staff, powers, and tax exempt status.
AUTHORIZATION OF SECRETARY TO REIMBURSE
PREVIOUS COSTS PAID BY FOUNDATION OR TRUST
Pub. L. 108–199, div. F, title V, § 544(g), Jan. 23, 2004,
118 Stat. 348, provided that: ‘‘To the extent that funds
are made available for the Trust, the Secretary of the
Interior shall reimburse the Oklahoma City National
Memorial Foundation for funds obligated or expended
by the Oklahoma City National Memorial Foundation
or the Oklahoma City National Memorial Trust to the
Secretary of the Interior for interpretive services, security, and other costs and services related to the Oklahoma City National Memorial before the date of the enactment of this Act [Jan. 23, 2004]. The Oklahoma City
National Memorial Foundation may use such reimbursed funds for the operation, maintenance, and permanent endowment of the Oklahoma City National Memorial.’’

§ 450ss–4. Repealed. Pub. L. 108–199, div. F, title
V, § 544(e)(1), Jan. 23, 2004, 118 Stat. 348
Section, Pub. L. 105–58, § 6, Oct. 9, 1997, 111 Stat. 1264,
provided for duties and authorities of Oklahoma City
National Memorial Trust.
EFFECTIVE DATE OF REPEAL
Pub. L. 108–199, div. F, title V, § 544(e)(2), Jan. 23, 2004,
118 Stat. 348, provided that: ‘‘The repeal under this subsection [repealing this section] shall take effect upon
the transfer of the Memorial property, rights, authorities, and duties pursuant to the amendments made by
subsection (d) [amending section 450ss–3 of this title].’’

§ 450ss–5. Limitations on funding
Authorization of Appropriations: 1
(1) In general
In furtherance of the purposes of sections
450ss to 450ss–7 of this title, there is hereby authorized the sum of $5,000,000 for an endowment fund subject to paragraph (2), to remain
available until expended.
(2) Matching requirement
Amounts appropriated in any fiscal year to
carry out the provisions of sections 450ss to

450ss–7 may only be expended on a matching
basis in a ratio of at least one non-Federal dollar to every Federal dollar. For the purposes
of this provision, each non-Federal dollar donated to the Foundation for the creation,
maintenance, operation, or endowment of the
Memorial shall satisfy the matching dollar requirement without regard to the fiscal year in
which such donation is made.
(Pub. L. 105–58, § 7, Oct. 9, 1997, 111 Stat. 1266;
Pub. L. 108–199, div. F, title V, § 544(f), Jan. 23,
2004, 118 Stat. 348.)
AMENDMENTS
2004—Par. (1). Pub. L. 108–199, § 544(f)(1), inserted ‘‘for
an endowment fund subject to paragraph (2)’’ after ‘‘the
sum of $5,000,000’’.
Par. (2). Pub. L. 108–199, § 544(f)(2), struck out ‘‘Trust
or to the Oklahoma City Memorial’’ after ‘‘each nonFederal dollar donated to the’’ and substituted ‘‘operation, or endowment’’ for ‘‘or operation’’.

§§ 450ss–6, 450ss–7. Repealed. Pub. L. 108–199,
div. F, title V, § 544(h), (i), Jan. 23, 2004, 118
Stat. 349
Section 450ss–6, Pub. L. 105–58, § 8, Oct. 9, 1997, 111
Stat. 1266, provided for disposal of site of Alfred P.
Murrah Federal Building to the Trust.
Section 450ss–7, Pub. L. 105–58, § 9, Oct. 9, 1997, 111
Stat. 1266, provided for General Accounting Office
study.

SUBCHAPTER LXII—MISCELLANEOUS
§ 451. Repealed. Pub. L. 104–333, div. I, title VIII,
§ 801, Nov. 12, 1996, 110 Stat. 4186
Section, acts Aug. 24, 1912, ch. 355, § 1, 37 Stat. 460;
July 1, 1918, ch. 113, § 1, 40 Stat. 677; Feb. 13, 1940, ch. 30,
54 Stat. 36, related to limit on cost of buildings erected
in national parks.

§ 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, 64 Stat. 849.)
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
sections 406 to 406d of this title, is set out as sections
406d–1 and 431a of this title.
REPEAL OF INCONSISTENT LAWS
Repeal of laws inconsistent with act Sept. 14, 1950, see
note set out under section 406d–1 of this title.

§ 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, 40 Stat. 153; May 24,
1922, ch. 199, 42 Stat. 590; Sept. 12, 1950, ch. 946,
title III, § 301(95), 64 Stat. 844.)
CODIFICATION

1 So

in original. ‘‘Appropriations’’ probably should not be capitalized.

The words referring to Hot Springs National Park are
taken from a part of the Interior Appropriation Act,

§ 452a

TITLE 16—CONSERVATION

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), 64 Stat.
844, cited as a credit to this section, was repealed by
Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, 1077.

§ 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, 68 Stat. 1037.)
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 sections 459a–6 to 459a–8 of this
title.

§ 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 rightsof-way, including the Grandfather Mountain,
near or adjacent to the Government national
forest in western North Carolina.
(June 12, 1917, ch. 27, § 1, 40 Stat. 152.)
CODIFICATION
‘‘Government national forest’’ substituted in text for
‘‘Government forest reserve’’ on authority of act Mar.
4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest
reserves shall hereafter be known as national forests.

§ 454. Repealed. Pub. L. 89–554, § 8(a), Sept. 6,
1966, 80 Stat. 642, 650
Section, acts Aug. 24, 1912, ch. 355, § 8, 37 Stat. 487;
June 6, 1939, ch. 185, 53 Stat. 810, authorized the superintendent, the acting superintendent, custodian, and
principal clerks of the various national parks and other
Government reservations to administer oaths to expense accounts.

Page 512

§ 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, 44 Stat. 726; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
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, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.

§ 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 sections 455 to 455c of this title, together
with his recommendations for further operations.
(June 11, 1926, ch. 555, § 2, 44 Stat. 727; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
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, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
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 section 901 of Title 5, Government Organization
and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, § 2, June 10, 1933, by act Mar. 2, 1934,
ch. 38, § 1, 48 Stat. 389.

§ 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, 44 Stat. 727; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

Page 513

§ 458a

TITLE 16—CONSERVATION
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, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
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 section 901 of Title 5, Government Organization
and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, § 2, June 10, 1933, by act Mar. 2, 1934,
ch. 38, § 1, 48 Stat. 389.

§ 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 section 455a of this title.
(June 11, 1926, ch. 555, § 4, 44 Stat. 727; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
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, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.

§ 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, 49 Stat. 209.)
CODIFICATION
Section is also set out as section 14b of this title.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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, 45 Stat. 54.)

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 section 901 of Title 5, Government Organization
and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, § 2, June 10, 1933, by act Mar. 2, 1934,
ch. 38, § 1, 48 Stat. 389.
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.

§ 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, 45 Stat. 249.)
§ 458a. Mats for reproduction in magazines and
newspapers of photographs of scenery

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.

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.

(May 10, 1926, ch. 277, § 1, 44 Stat. 491.)

(Aug. 27, 1940, ch. 690, § 1, 54 Stat. 861.)

§ 456. Expense of depositing money payable from
appropriations

§ 459

TITLE 16—CONSERVATION

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, 50 Stat. 669; June 29,
1940, ch. 459, § 1, 54 Stat. 702.)
CHANGE OF NAME
Words ‘‘national seashore recreational area’’ substituted in text for ‘‘national seashore’’ pursuant to act
June 29, 1940.

§ 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 section 3113 of title 40, such tracts of land
within the said national seashore recreational
area as may be necessary for the completion
thereof.
(Aug. 17, 1937, ch. 687, § 2, 50 Stat. 669; June 29,
1940, ch. 459, § 1, 54 Stat. 702.)
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in text for ‘‘the
Act of August 1, 1888’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and
Works.
CHANGE OF NAME
Words ‘‘national seashore recreational area’’ substituted in text for ‘‘national seashore’’ pursuant to act
June 29, 1940.

§ 459a–1. Administration, protection, and development; commercial fishing by residents;
hunting
The administration, protection, and development of the aforesaid national seashore rec-

Page 514

reational area shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
sections 1, 2, 3, and 4 of this title, as amended:
Provided, That except as hereinafter provided
nothing herein shall be construed to divest the
jurisdiction of other agencies of the Government
exercised on August 17, 1937, over Federal-owned
lands within the area of the said Cape Hatteras
National Seashore Recreational Area: Provided
further, That the provisions of the Federal
Power Act [16 U.S.C. 791a et seq.], shall not
apply to this national seashore recreational
area: And provided further, That the legal residents of villages referred to in section 459 of this
title shall have the right to earn a livelihood by
fishing within the boundaries to be designated
by the Secretary of the Interior, subject to such
rules and regulations as the said Secretary may
deem necessary in order to protect the area for
recreational use as provided for in sections 459
to 459a–3 of this title: And provided further, That
hunting shall be permitted, under such rules and
regulations as may be prescribed by the Secretary of the Interior in conformity with the Migratory Bird Treaty Act of July 3, 1918 (40 Stat.
755) [16 U.S.C. 703 et seq.], as follows: (a) Upon
the waters of the sounds included within the national seashore recreational area, (b) in the area
north of the Currituck County line, (c) on Ocracoke Island, and (d) within not more than two
thousand acres of land in the remaining portion
of said national seashore recreational area, as
shall be designated by the Secretary of the Interior; except on lands and waters included in any
existing or future wildlife or migratory bird refuge and adjacent closed waters.
(Aug. 17, 1937, ch. 687, § 3, 50 Stat. 670; June 29,
1940, ch. 459, §§ 1, 2, 54 Stat. 702.)
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 section 791a of this title. The Federal
Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as
amended, and is classified generally to chapter 12
(§ 791a et seq.) of this title. For complete classification
of this Act to the Code, see section 791a of this title and
Tables.
The Migratory Bird Treaty Act of July 3, 1918, referred to in text, is act July 3, 1918, ch. 128, 40 Stat. 755,
as amended, which is classified generally to subchapter
II (§ 703 et seq.) of chapter 7 of this title. For complete
classification of this Act to the Code, see section 710 of
this title and Tables.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

Page 515

§ 459a–5

TITLE 16—CONSERVATION

§ 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 section 459 of
this title, including the existing Cape Hatteras
State Park, and, in addition, any other portions
of the area described in section 459 of this title
if the State of North Carolina shall agree that if
all the lands described in section 459 of this title
shall not have been conveyed to the United
States within fifteen years from August 17, 1937,
the establishment of the aforesaid national seashore recreational area may, in the discretion of
the said Secretary, be abandoned, and that, in
the event of such abandonment, the said State
will accept a reconveyance of title to all lands
conveyed by it to the United States for said national seashore recreational area. The lands donated to the United States for the purposes of
sections 459 to 459a–3 of this title by parties
other than said State shall revert in the event of
the aforesaid abandonment to the donors, or
their heirs, or other persons entitled thereto by
law.
In the event of said abandonment, the Secretary of the Interior shall execute any suitable
quitclaim deeds, or other writings entitled to
record in the proper counties of North Carolina
stating the fact of abandonment, whereupon
title shall revert to those entitled thereto by
law and no further conveyance or proof of reversion of title shall be required.
(Aug. 17, 1937, ch. 687, § 4, 50 Stat. 670; June 29,
1940, ch. 459, § 1, 54 Stat. 702; Mar. 6, 1946, ch. 50,
60 Stat. 32.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 459a–3. Migratory bird refuges not to be affected
Notwithstanding any other provisions of sections 459 to 459a–3 of this title, lands and waters
on or after August 17, 1937, included in any migratory bird refuge under the jurisdiction of the
Secretary of Agriculture, within the boundaries
of the national seashore recreational area as
designated by the Secretary of the Interior
under section 459 of this title, shall continue as
such refuge under the jurisdiction of the Secretary of Agriculture for the protection of migratory birds, but such lands and waters shall be
a part of the aforesaid national seashore recreational area and shall be administered by the
National Park Service for recreational uses not
inconsistent with the purposes of such refuge
under such rules and regulations as the Secretaries of the Interior and Agriculture may
jointly approve. The proviso to section 459 of
this title shall not limit the power of the Secretary of Agriculture to acquire lands for any
migratory bird refuge by purchase with any
funds made available therefor by applicable law.
(Aug. 17, 1937, ch. 687, § 5, 50 Stat. 670; June 29,
1940, ch. 459, § 1, 54 Stat. 702.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 459a–4. Omitted
CODIFICATION
Section, acts June 3, 1948, ch. 393, 62 Stat. 301; June
30, 1949, ch. 288, title I, § 105(a), 63 Stat. 381, which transferred lands in Dare County, North Carolina, to the administrative jurisdiction of the Department of the Interior to be administered as a part of the Cape Hatteras
National Seashore Recreational Area project, is omitted in view of Pub. L. 87–313, set out as a note under
this section.
DISPOSAL OF LANDS
Pub. L. 87–313, Sept. 26, 1961, 75 Stat. 675, provided:
‘‘That the tract of Federal property comprising eight
and one-tenth acres of land situated in Dare County,
North Carolina, approximately two miles north of
Kitty Hawk, which was transferred to the administrative jurisdiction of the Department of the Interior by
the Act of June 3, 1948 (62 Stat. 301; 16 U.S.C. 459a [this
section]), to be administered as a part of the Cape Hatteras National Seashore Recreational Area, may be disposed of by the Administrator of General Services in
accordance with the provisions of the Federal Property
and Administrative Services Act of 1949, as amended
[see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302,
3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of
Title 41, Public Contracts].’’

§ 459a–5. Addition of lands; Naval Amphibious
Training Station
There is transferred to the Secretary of the Interior without reimbursement or transfer of

§ 459a–5a

TITLE 16—CONSERVATION

funds, administrative jurisdiction over an area
of approximately twenty-one and eight-tenths
acres of federally owned land, formerly designated as the Naval Amphibious Training Station, together with any improvements thereon
which may exist at the time of the transfer, situated on Ocracoke Island within the village of
Ocracoke, County of Hyde, in the State of North
Carolina. The property so transferred shall be
administered by the Department of the Interior
and shall become a part of the Cape Hatteras
National Seashore Recreational Area, when established.
(July 14, 1953, ch. 191, 67 Stat. 148.)
§ 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 sections 459 to 459a–3 of this title, and shall
be subject to all the laws and regulations applicable thereto.

Page 516

thereon situate in the village of Hatteras, Dare
County, North Carolina, and administered as
part of the Cape Hatteras National Seashore,
formerly bearing General Services Administration excess property control number C–NC–444,
comprising one and five-tenths acres, the exact
description for which shall be determined by the
Secretary, to the Board of Commissioners of
Dare County, for purposes of providing thereon a
public health facility: Provided, That title to the
land and any improvements shall revert to the
United States upon a finding and notification to
the grantee by the Secretary that the property
is used for purposes other than a public health
facility. The conveyance herein authorized shall
be without monetary consideration.
Upon the transfer of title to the grantee, the
property herein conveyed shall cease to be a
part of the Cape Hatteras National Seashore.
(Pub. L. 89–146, Aug. 28, 1965, 79 Stat. 583.)
§ 459a–10. Transfer of Ocracoke Light Station to
Secretary of the Interior

(Pub. L. 85–540, July 18, 1958, 72 Stat. 398.)

The Administrator of the General Services Administration shall transfer administrative jurisdiction over the Federal property consisting of
approximately 2 acres, known as the Ocracoke
Light Station, to the Secretary of the Interior,
subject to such reservations, terms, and conditions as may be necessary for Coast Guard purposes. All property so transferred shall be included in and administered as part of the Cape
Hatteras National Seashore.

§ 459a–6. Acquisition of non-Federal land within
boundaries of recreational area

(Pub. L. 105–383, title IV, § 420, Nov. 13, 1998, 112
Stat. 3439.)

Section 452a of this title is amended to extend
the authority of the Secretary of the Interior,
contained therein, to the Cape Hatteras National Seashore Recreational Area.
(Aug. 6, 1956, ch. 988, § 1, 70 Stat. 1066.)
§ 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, 70 Stat. 1066.)
§ 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 sections
459a–6 to 459a–8 of this title, is expressly limited
to $250,000.
(Aug. 6, 1956, ch. 988, § 3, 70 Stat. 1066.)
§ 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

TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 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

Page 517

TITLE 16—CONSERVATION

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;

§ 459b

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-ofway 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 lowwater 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;

§ 459b–1

TITLE 16—CONSERVATION

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 rightof-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-ofway line of said Salt Pond Road to its intersection with the southerly right-of-way line of
Nauset Road;
thence westerly along the southerly rightof-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-ofway 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);

Page 518

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 20foot 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 lowwater line of the Atlantic Ocean on the easterly shore of Nauset Beach and on to the
outer cape to the point of beginning.
(Pub. L. 87–126, § 1, Aug. 7, 1961, 75 Stat. 284.)
SEPARABILITY
Section 10 of Pub. L. 87–126 provided that: ‘‘If any provision of this Act [sections 459b to 459b–8 of this title]
or the application of such provision to any person or
circumstance is held invalid, the remainder of this Act
[such sections] or the application of such provision to
persons or circumstances other than those to which it
is held invalid shall not be affected thereby.’’

§ 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 section
459b of this title or which lies within the boundaries of the seashore as described pursuant to

Page 519

§ 459b–3

TITLE 16—CONSERVATION

section 459b–2 of this title (both together hereinafter in sections 459b to 459b–8 of this title referred to as ‘‘such area’’). Any property, or interest therein, owned by the Commonwealth of
Massachusetts, by any of the towns referred to
in section 459b of this title, or by any other political subdivision of said Commonwealth may
be acquired only with the concurrence of such
owner. Notwithstanding any other provision of
law, any Federal property located within such
area may, with the concurrence of the agency
having custody thereof, be transferred without
consideration to the administrative jurisdiction
of the Secretary for use by him in carrying out
the provisions of sections 459b to 459b–8 of this
title.
(b) Use of funds; fair market value
The Secretary is authorized (1) to use donated
and appropriated funds in making acquisitions
under sections 459b to 459b–8 of this title, and (2)
to pay therefor not more than the fair market
value of any acquisitions which he makes by
purchase under sections 459b to 459b–8 of this
title.
(c) Exchange of property; cash equalization payments; reports to Congress
In exercising his authority to acquire property
by exchange, the Secretary may accept title to
any non-Federal property located within such
area and convey to the grantor of such property
any federally owned property under the jurisdiction of the Secretary within such area. The
properties so exchanged shall be approximately
equal in fair market value: Provided, That the
Secretary may accept cash from or pay cash to
the grantor in such an exchange in order to
equalize the values of the properties exchanged.
The Secretary shall report to the Congress on
every exchange carried out under authority of
sections 459b to 459b–8 of this title within thirty
days from its consummation, and each such report shall include a statement of the fair market values of the properties involved and of any
cash equalization payment made or received.
(d) Exchange of property; addition to Cape Cod
National Seashore
The Secretary may convey to the town of
Provincetown, Massachusetts, a parcel of real
property consisting of approximately 7.62 acres
of Federal land within such area in exchange for
approximately 11.157 acres of land outside of
such area, as depicted on the map entitled ‘‘Cape
Cod National Seashore Boundary Revision
Map’’, dated May, 1997, and numbered 609/80,801,
to allow for the establishment of a municipal facility to serve the town that is restricted to
solid waste transfer and recycling facilities and
for other municipal activities that are compatible with National Park Service laws and regulations. Upon completion of the exchange, the
Secretary shall modify the boundary of the Cape
Cod National Seashore to include the land that
has been added.
(e) ‘‘Fair market value’’ defined; appraisal
As used in sections 459b to 459b–8 of this title
the term ‘‘fair market value’’ shall mean the
fair market value as determined by the Secretary, who may in his discretion base his deter-

mination on an independent appraisal obtained
by him.
(Pub. L. 87–126, § 2, Aug. 7, 1961, 75 Stat. 287; Pub.
L. 105–280, § 1(a), Oct. 26, 1998, 112 Stat. 2694.)
AMENDMENTS
1998—Subsecs. (d), (e). Pub. L. 105–280 added subsec.
(d) and redesignated former subsec. (d) as (e).

§ 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 section 459b of
this title that is in the opinion of the Secretary
efficiently administrable to carry out the purposes of sections 459b to 459b–8 of this title, the
Secretary shall establish Cape Cod National
Seashore by the publication of notice thereof in
the Federal Register.
(b) Distribution of notice and map
Such notice referred to in subsection (a) of
this section shall contain a detailed description
of the boundaries of the seashore which shall encompass an area as nearly as practicable identical to the area described in section 459b of this
title. The Secretary shall forthwith after the
date of publication of such notice in the Federal
Register (1) send a copy of such notice, together
with a map showing such boundaries, by registered or certified mail to the Governor of the
Commonwealth of Massachusetts and to the
board of selectmen of each of the towns referred
to in section 459b of this title; (2) cause a copy
of such notice and map to be published in one or
more newspapers which circulate in each of such
towns; and (3) cause a certified copy of such notice, a copy of such map, and a copy of sections
459b to 459b–8 of this title to be recorded at the
registry of deeds for Barnstable County, Massachusetts.
(Pub. L. 87–126, § 3, Aug. 7, 1961, 75 Stat. 288.)
§ 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

§ 459b–3

TITLE 16—CONSERVATION

paragraph (1) of this subsection, to retain the
right of use and occupancy of the said property
for noncommercial residential purposes (i) for a
term limited by the nature and quality of his or
their said estate, if his or their said estate is a
life estate or an estate pur auter vie, or (ii) for
a term ending at the death of such owner or
owners, or at the death of the survivor of them,
if his or their said estate is an estate of fee simple.
(3) Where such property is held by a natural
person or persons for his or their own life or
lives or for the life or lives of another or others
(such person or persons being hereinafter called
‘‘the life tenant’’), with remainder in another or
others, any right of election provided for in
paragraph (2) of this subsection shall be exercised by the life tenant, and any right of election provided for in paragraph (1) of this subsection shall be exercised by the concurrence of
the life tenant and the remainderman or
remaindermen.
(4) The beneficial owner or owners of a term of
years in improved property which the Secretary
acquires by condemnation may elect, as a condition to such acquisition, to retain the right of
use and occupancy of the said property for noncommercial residential purposes for a term not
to exceed the remainder of his or their said term
of years, or a term of twenty-five years, whichever shall be the lesser. The owner or owners of
the freehold estate or estates in such property
may, subject to the right provided for in the preceding sentence, exercise such right or rights of
election as remain to them under paragraphs (1)
and (2) of this subsection.
(5) No right of election accorded by paragraphs
(1), (2), or (4) of this subsection shall be exercised to impair substantially the interests of
holders of encumbrances, liens, assessments, or
other charges upon or against the property.
(6) Any right or rights of use and occupancy
retained pursuant to paragraphs (1), (2), and (4)
of this subsection shall be held to run with the
land, and may be freely transferred and assigned.
(7) In any case where a right of use and occupancy for life or for a fixed term of years is retained as provided in paragraph (1), (2), or (4) of
this subsection, the compensation paid by the
Secretary for the property shall not exceed the
fair market value of the property on the date of
its acquisition by the Secretary, less the fair
market value on such date of the said right retained.
(8) The Secretary shall have authority to terminate any right of use and occupancy of property, retained as provided in paragraph (1), (2),
or (4) of this subsection, at any time after the
date when any use occurs with respect to such
property which fails to conform or is in any
manner opposed to or inconsistent with any applicable standard contained in regulations issued pursuant to section 459b–4 of this title and
in effect on said date: Provided, That no use
which is in conformity with the provisions of a
zoning bylaw approved in accordance with said
section 459b–4 which is in force and applicable to
such property shall be held to fail to conform or
be opposed to or inconsistent with any such
standard. In the event that the Secretary exer-

Page 520

cises the authority conferred by this paragraph,
he shall pay to the owner of the right so terminated an amount equal to the fair market value
of the portion of said right which remained on
the date of termination.
(b) Suspension of authority for one year and during existence of zoning regulations
(1) The Secretary’s authority to acquire property by condemnation shall be suspended with
respect to all improved property located within
such area in all of the towns referred to in section 459b of this title for one year following August 7, 1961.
(2) Thereafter such authority shall be suspended with respect to all improved property located within such area in any one of such towns
during all times when such town shall have in
force and applicable to such property a duly
adopted, valid zoning bylaw approved by the
Secretary in accordance with the provisions of
section 459b–4 of this title.
(c) Suspension of authority respecting property
used for commercial or industrial purposes
The Secretary’s authority to acquire property
by condemnation shall be suspended with respect to any particular property which is used
for commercial or industrial purposes during
any periods when such use is permitted by the
Secretary and during the pendency of the first
application for such permission made to the Secretary after August 7, 1961 provided such application is made not later than the date of establishment of the seashore.
(d) ‘‘Improved property’’ defined
The term ‘‘improved property,’’ wherever used
in sections 459b to 459b–8 of this title, shall mean
a detached, one-family dwelling the construction of which was begun before September 1, 1959
(hereinafter referred to as ‘‘dwelling’’), together
with so much of the land on which the dwelling
is situated, the said land being in the same ownership as the dwelling, as the Secretary shall
designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of
noncommercial residential use, together with
any structures accessory to the dwelling which
are situated on the land so designated. The
amount of the land so designated shall in every
case be at least three acres in area, or all of
such lesser amount as may be held in the same
ownership as the dwelling, and in making such
designation the Secretary shall take into account the manner of noncommercial residential
use in which the dwelling and land have customarily been enjoyed: Provided, however, That
the Secretary may exclude from the land so designated any beach or waters, together with so
much of the land adjoining such beach or waters
as the Secretary may deem necessary for public
access thereto.
(e) Acquisition of clear, marketable and encumbrance-free title
Nothing in this section or elsewhere in sections 459b to 459b–8 of this title shall be construed to prohibit the use of condemnation as a
means of acquiring a clear and marketable title,
free of any and all encumbrances.
(Pub. L. 87–126, § 4, Aug. 7, 1961, 75 Stat. 288.)

Page 521

TITLE 16—CONSERVATION

§ 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 section 459b–3 of this
title. The Secretary may issue amended regulations specifying standards for approval by him
of zoning bylaws whenever he shall consider
such amended regulations to be desirable due to
changed or unforeseen conditions.
All regulations and amended regulations proposed to be issued under authority of the two
preceding sentences of this subsection shall be
submitted to the Congress and to the towns
named in section 459b of this title at least ninety calendar days (which ninety days, however,
shall not include days on which either the House
of Representatives or the Senate is not in session because of an adjournment of more than
three calendar days to a day certain) before they
become effective and the Secretary shall, before
promulgating any such proposed regulations or
amended regulations in final form, take due account of any suggestions for their modification
which he may receive during said ninety-day period. All such regulations and amended regulations shall, both in their proposed form and in
their final form, be published in the Federal
Register.
The Secretary shall approve any zoning bylaw
and any amendment to any approved zoning bylaws submitted to him which conforms to the
standards contained in the regulations in effect
at the time of the adoption by the town of such
bylaw or such amendment unless before the
time of adoption he has submitted to the Congress and the towns and published in the Federal
Register as aforesaid proposed amended regulations with which the bylaw or amendment would
not be in conformity, in which case he may
withhold his approval pending completion of the
review and final publication provided for in this
subsection and shall thereafter approve the
bylaw or amendment only if it is in conformity
with the amended regulations in their final
form. Such approval shall not be withdrawn or
revoked, nor shall its effect be altered for purposes of section 459b–3 of this title by issuance
of any such amended regulations after the date
of such approval, so long as such bylaw or such
amendment remains in effect as approved.
(b) Commercial and industrial use prohibition;
acreage, frontage, setback and miscellaneous
requirements
The standards specified in such regulations
and amended regulations for approval of any
zoning bylaw or zoning bylaw amendment shall
contribute to the effect of (1) prohibiting the
commercial and industrial use, other than any
commercial or industrial use which is permitted
by the Secretary, of all property within the
boundaries of the seashore which is situated
within the town adopting such bylaw; and (2)
promoting the preservation and development, in
accordance with the purposes of sections 459b to

§ 459b–5

459b–8 of this title, of the area comprising the
seashore, by means of acreage, frontage, and setback requirements and other provisions which
may be required by such regulations to be included in a zoning bylaw consistent with the
laws of Massachusetts.
(c) Adverse provisions and absence of notice for
variance as requiring disapproval of local bylaws
No zoning bylaw or amendment of a zoning
bylaw shall be approved by the Secretary which
(1) contains any provision which he may consider adverse to the preservation and development, in accordance with the purposes of sections 459b to 459b–8 of this title, of the area comprising the seashore, or (2) fails to have the effect of providing that the Secretary shall receive notice of any variance granted under and
any exception made to the application of such
bylaw or amendment.
(d) Termination of suspension of authority for
acquisition by condemnation because of nonconforming variances and uses; agreements
concerning exercise of authority
If any improved property with respect to
which the Secretary’s authority to acquire by
condemnation has been suspended by reason of
the adoption and approval, in accordance with
the foregoing provisions of this section, of a zoning bylaw applicable to such property (hereinafter referred to as ‘‘such bylaw’’)—
(1) is made the subject of a variance under or
an exception to such bylaw, which variance or
exception fails to conform or is in any manner
opposed to or inconsistent with any applicable
standard contained in the regulations issued
pursuant to this section and in effect at the
time of the passage of such bylaw, or
(2) is property upon or with respect to which
there occurs any use, commencing after the
date of the publication by the Secretary of
such regulations, which fails to conform or is
in any manner opposed to or inconsistent with
any applicable standard contained in such regulations (but no use which is in conformity
with the provisions of such bylaw shall be held
to fail to conform or be opposed to or inconsistent with any such standard),
the Secretary may, at any time and in his discretion, terminate the suspension of his authority to acquire such improved property by condemnation: Provided, however, That the Secretary may agree with the owner or owners of
such property to refrain from the exercise of the
said authority during such time and upon such
terms and conditions as the Secretary may
deem to be in the best interests of the development and preservation of the seashore.
(Pub. L. 87–126, § 5, Aug. 7, 1961, 75 Stat. 290.)
§ 459b–5. 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 pro-

§ 459b–6

TITLE 16—CONSERVATION

visions of sections 459b to 459b–8 of this title,
that such authority has been so suspended and
the reasons therefor.
(Pub. L. 87–126, § 6, Aug. 7, 1961, 75 Stat. 291.)
§ 459b–6. Administration of acquired property
(a) Utilization of authority for conservation and
management of natural resources
Except as otherwise provided in sections 459b
to 459b–8 of this title, the property acquired by
the Secretary under such sections shall be administered by the Secretary subject to the provisions of sections 1, 2, 3, and 4 of this title, as
amended and supplemented, and in accordance
with laws of general application relating to the
national park system as defined by sections 1b
to 1d of this title; except that authority otherwise available to the Secretary for the conservation and management of natural resources may
be utilized to the extent he finds such authority
will further the purposes of sections 459b to
459b–8 of this title.
(b) Preservation of seashore; incompatible visitor conveniences restricted; provisions for
public enjoyment and understanding; developments for recreational activities; public
use areas
(1) In order that the seashore shall be permanently preserved in its present state, no development or plan for the convenience of visitors
shall be undertaken therein which would be incompatible with the preservation of the unique
flora and fauna or the physiographic conditions
now prevailing or with the preservation of such
historic sites and structures as the Secretary
may designate: Provided, That the Secretary
may provide for the public enjoyment and understanding of the unique natural, historic, and
scientific features of Cape Cod within the seashore by establishing such trails, observation
points, and exhibits and providing such services
as he may deem desirable for such public enjoyment and understanding: Provided further, That
the Secretary may develop for appropriate public uses such portions of the seashore as he
deems especially adaptable for camping, swimming, boating, sailing, hunting, fishing, the appreciation of historic sites and structures and
natural features of Cape Cod, and other activities of similar nature.
(2) In developing the seashore the Secretary
shall provide public use areas in such places and
manner as he determines will not diminish for
its owners or occupants the value or enjoyment
of any improved property located within the
seashore.
(c) Hunting and fishing regulations; navigation
The Secretary may permit hunting and fishing, including shellfishing, on lands and waters
under his jurisdiction within the seashore in
such areas and under such regulations as he may
prescribe during open seasons prescribed by applicable local, State and Federal law. The Secretary shall consult with officials of the Commonwealth of Massachusetts and any political
subdivision thereof who have jurisdiction of
hunting and fishing, including shellfishing, prior
to the issuance of any such regulations, and the
Secretary is authorized to enter into coopera-

Page 522

tive arrangements with such officials regarding
such hunting and fishing, including shellfishing,
as he may deem desirable, except that the Secretary shall leave all aspects of the propagation
and taking of shellfish to the towns referred to
in section 459b of this title.
The Secretary shall not interfere with navigation of waters within the boundaries of the Cape
Cod National Seashore by such means and in
such areas as is now customary.
(Pub. L. 87–126, § 7, Aug. 7, 1961, 75 Stat. 291.)
§ 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’’). The Commission shall
terminate September 26, 2018.
(b) Membership; term
The Commission shall be composed of ten
members each appointed for a term of two years
by the Secretary as follows:
(1) Six members to be appointed from recommendations made by each of the boards of selectmen of the towns referred to in section
459b of this title, one member from the recommendations made by each such board;
(2) One member to be appointed from recommendations of the county commissioners of
Barnstable County, Commonwealth of Massachusetts;
(3) Two members to be appointed from recommendations of the Governor of the Commonwealth of Massachusetts; and
(4) One member to be designated by the Secretary.
(c) Chairman; vacancies
The Secretary shall designate one member to
be Chairman. Any vacancy in the Commission
shall be filled in the same manner in which the
original appointment was made.
(d) Compensation and expenses
A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under sections 459b to 459b–8 of
this title upon vouchers signed by the Chairman.
(e) Majority vote
The Commission established by this section
shall act and advise by affirmative vote of a majority of the members thereof.
(f) Consultation of Secretary with Commission
The Secretary or his designee shall, from time
to time, consult with the members of the Commission with respect to matters relating to the
development of Cape Cod National Seashore and
shall consult with the members with respect to
carrying out the provisions of sections 459b–3
and 459b–4 of this title.
(g) Advice of Commission for commercial or industrial use permits and establishment of
public use areas for recreational activities
No permit for the commercial or industrial
use of property located within the seashore shall

Page 523

be issued by the Secretary, nor shall any public
use area for recreational activity be established
by the Secretary within the seashore, without
the advice of the Commission, if such advice is
submitted within a reasonable time after it is
sought.
(h) Exemption from other provisions of law
(1) Any member of the Advisory Commission
appointed under sections 459b to 459b–8 of this
title shall be exempted, with respect to such appointment, from the operation of sections 281,
283, 284, and 1914 of title 18 and section 190 of the
Revised Statutes (5 U.S.C. 99) 1 except as otherwise specified in paragraph (2) of this subsection.
(2) The exemption granted by paragraph (1) of
this subsection shall not extend—
(i) to the receipt or payment of salary in
connection with the appointee’s Government
service from any sources other than the private employer of the appointee at the time of
his appointment; or
(ii) during the period of such appointment,
and the further period of two years after the
termination thereof, to the prosecution or participation in the prosecution, by any person so
appointed, of any claim against the Government involving any matter concerning which
the appointee had any responsibility arising
out of his appointment during the period of
such appointment.
(Pub. L. 87–126, § 8, Aug. 7, 1961, 75 Stat. 292; Pub.
L. 99–420, title II, § 201, Sept. 25, 1986, 100 Stat.
960; Pub. L. 105–280, § 1(b), Oct. 26, 1998, 112 Stat.
2694; Pub. L. 111–11, title VII, § 7402, Mar. 30, 2009,
123 Stat. 1219.)
REFERENCES IN TEXT
Sections 281, 283, 284, and 1914 of title 18, referred to
in subsec. (h)(1), were repealed by Pub. L. 87–849, § 2,
Oct. 23, 1962, 76 Stat. 1126, ‘‘except as they [sections 281
and 283] may apply to retired officers of the armed
forces of the United States’’, and were supplanted by
sections 203, 205, 207, and 209, respectively, of Title 18,
Crimes and Criminal Procedure. For further details, see
Exemptions note set out under section 203 of Title 18.
Section 190 of the Revised Statutes (5 U.S.C. 99), referred to in subsec. (h)(1), was repealed by Pub. L.
87–849, § 3, Oct. 23, 1962, 76 Stat. 1126. See section 207 of
Title 18.
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–11 substituted ‘‘2018’’ for
‘‘2008’’.
1998—Subsec. (a). Pub. L. 105–280 substituted ‘‘The
Commission shall terminate September 26, 2008.’’ for
‘‘Said Commission shall terminate 30 years after the
date the seashore is established under section 459b–2 of
this title.’’
1986—Subsec. (a). Pub. L. 99–420 substituted ‘‘30
years’’ for ‘‘ten years’’.
EFFECTIVE DATE OF 2009 AMENDMENT
Pub. L. 111–11, title VII, § 7402, Mar. 30, 2009, 123 Stat.
1219, provided that the amendment made by section
7402 is effective Sept. 26, 2008.
REESTABLISHMENT AND EXTENSION OF COMMISSION
Pub. L. 99–349, title I, July 2, 1986, 100 Stat. 731, provided: ‘‘That the Cape Cod National Seashore Advisory
Commission established under section 8(a) of the Act of
1 See

§ 459c–1

TITLE 16—CONSERVATION

References in Text note below.

August 7, 1961 (Public Law 87–126; 75 Stat. 292) [16 U.S.C.
459b–7(a)] is reestablished and extended through February 28, 1996’’.

§ 459b–8. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of sections 459b to 459b–8 of this title; except that no more than $42,917,575 shall be appropriated for the acquisition of land and waters
and improvements thereon, and interests therein, and incidental costs relating thereto, in accordance with the provisions of such sections.
(Pub. L. 87–126, § 9, Aug. 7, 1961, 75 Stat. 293; Pub.
L. 91–252, May 14, 1970, 84 Stat. 216; Pub. L.
98–141, § 3, Oct. 31, 1983, 97 Stat. 909.)
AMENDMENTS
1983—Pub. L.
‘‘$33,500,000’’.
1970—Pub. L.
‘‘$16,000,000’’.

98–141

substituted

‘‘$42,917,575’’

for

91–252

substituted

‘‘$33,500,000’’

for

§ 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 459c–1 of this title.
(Pub. L. 87–657, § 1, Sept. 13, 1962, 76 Stat. 538.)
§ 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.

§ 459c–2

TITLE 16—CONSERVATION

(Pub. L. 87–657, § 2, Sept. 13, 1962, 76 Stat. 538;
Pub. L. 89–666, § 1(a), Oct. 15, 1966, 80 Stat. 919;
Pub. L. 93–550, title II, § 201, Dec. 26, 1974, 88 Stat.
1744; Pub. L. 95–625, title III, § 318(a), Nov. 10,
1978, 92 Stat. 3486; Pub. L. 96–199, title I,
§ 101(a)(1), Mar. 5, 1980, 94 Stat. 67; Pub. L.
103–437, § 6(d)(16), Nov. 2, 1994, 108 Stat. 4584.)
AMENDMENTS
1994—Subsec. (a). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.
1980—Subsec. (a). Pub. L. 96–199 inserted ‘‘, plus those
areas depicted on the map entitled ‘Point Reyes and
GGNRA Amendments, dated October 25, 1979’ ’’ after
‘‘dated May 1978’’.
1978—Subsec. (a). Pub. L. 95–625 substituted as a description of the area the lands generally depicted on
Boundary Map numbered 612–80,008–E and dated May
1978 for prior such depiction on Boundary Map numbered 612–80,008–B, and dated August 1974; included submerged lands in the description; made the map specifically available in the Washington, District of Columbia, Office; and authorized minor revisions of boundaries and publication thereof in the Federal Register
after advising Congressional committees.
1974—Subsec. (a). Pub. L. 93–550 substituted as a
boundary description Boundary Map No. 612–80,008–B,
and dated August 1974, on file in the office of the National Park Service, Department of the Interior, for a
boundary map designated NS–PR–7001, dated June 1,
1960, on file with the Director of the National Park
Service, Washington, D.C., and all measurements relating thereto.
1966—Subsec. (b). Pub. L. 89–666 inserted ‘‘to the
aforesaid tract in the general vicinity of the northwesterly portion of the property known as ‘Bear Valley
Ranch’ ’’ after ‘‘right-of-way’’, struck out ‘‘from the
intersection of Sir Francis Drake Boulevard and
Haggerty Gulch’’ after ‘‘aforesaid tract’’ and included
such adjoining lands as would be deprived of access by
reason of the right-of-way.

§ 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 section 459c–1 of this title or
which lie within the boundaries of the seashore
as established under section 459c–4 of this title
(hereinafter referred to as ‘‘such area’’). Any
property, or interest therein, owned by a State
or political subdivision thereof may be acquired
only with the concurrence of such owner. Notwithstanding any other provision of law, any
Federal property located within such area may,
with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the
Secretary for use by him in carrying out the
provisions of sections 459c to 459c–7 of this title.
In exercising his authority to acquire property
in accordance with the provisions of this subsection, the Secretary may enter into contracts

Page 524

requiring the expenditure, when appropriated, of
funds authorized by section 459c–7 of this title,
but the liability of the United States under any
such contract shall be contingent on the appropriation of funds sufficient to fulfill the obligations thereby incurred.
(b) Payment for acquisition; fair market value
The Secretary is authorized to pay for any acquisitions which he makes by purchase under
sections 459c to 459c–7 of this title their fair
market value, as determined by the Secretary,
who may in his discretion base his determination on an independent appraisal obtained by
him.
(c) Exchange of property; cash equalization payments
In exercising his authority to acquire property
by exchange, the Secretary may accept title to
any non-Federal property located within such
area and convey to the grantor of such property
any federally owned property under the jurisdiction of the Secretary within California and adjacent States, notwithstanding any other provision of law. The properties so exchanged shall be
approximately equal in fair market value, provided that the Secretary may accept cash from
or pay cash to the grantor in such an exchange
in order to equalize the values of the properties
exchanged.
(Pub. L. 87–657, § 3, Sept. 13, 1962, 76 Stat. 539;
Pub. L. 91–223, § 2(a), Apr. 3, 1970, 84 Stat. 90.)
AMENDMENTS
1970—Subsec. (a). Pub. L. 91–223 substituted introductory ‘‘The’’ for ‘‘Except as provided in section 459c–3 of
this title, the’’.

§ 459c–3. Repealed. Pub. L. 91–223, § 2(b), Apr. 3,
1970, 84 Stat. 90
Section, Pub. L. 87–657, § 4, Sept. 13, 1962, 76 Stat. 540,
provided conditions for exercise of eminent domain
within pastoral zone and defined ‘‘ranching and dairying purposes’’.

§ 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 section 459c–1 of this title, that is in the opinion of
the Secretary efficiently administrable to carry
out the purposes of sections 459c to 459c–7 of this
title, the Secretary shall establish Point Reyes
National Seashore by the publication of notice
thereof in the Federal Register.
(b) Distribution of notice and map
Such notice referred to in subsection (a) of
this section shall contain a detailed description
of the boundaries of the seashore which shall encompass an area as nearly as practicable identical to the area described in section 459c–1 of
this title. The Secretary shall forthwith after
the date of publication of such notice in the
Federal Register (1) send a copy of such notice,
together with a map showing such boundaries,
by registered or certified mail to the Governor
of the State and to the governing body of each
of the political subdivisions involved; (2) cause a

Page 525

TITLE 16—CONSERVATION

copy of such notice and map to be published in
one or more newspapers which circulate in each
of the localities; and (3) cause a certified copy of
such notice, a copy of such map, and a copy of
sections 459c to 459c–7 of this title to be recorded
at the registry of deeds for the county involved.
(Pub. L. 87–657, § 4, formerly § 5, Sept. 13, 1962, 76
Stat. 540; renumbered § 4, Pub. L. 91–223, § 2(c),
Apr. 3, 1970, 84 Stat. 90.)
AMENDED DESCRIPTION OF BOUNDARIES OF POINT
REYES NATIONAL SEASHORE; PUBLICATION IN FEDERAL REGISTER
Pub. L. 93–550, title II, § 202, Dec. 26, 1974, 88 Stat. 1744,
provided that: ‘‘The Secretary of the Interior shall, as
soon as practicable after the date of enactment of this
title [Dec. 26, 1974], publish an amended description of
the boundaries of the Point Reyes National Seashore in
the Federal Register, and thereafter he shall take such
action with regard to such amended description and the
map referred to in section 201 of this title [amending
section 459c–1 of this title] as is required in the second
sentence of subsection (b) of section 4 of the act of September 13, 1962, as amended [subsec. (b) of this section].’’

§ 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 sections 459c to 459c–7 of
this title may, as a condition of such acquisition, retain for himself and his or her heirs and
assigns a right of use and occupancy for a definite term of not more than twenty-five years,
or, in lieu thereof, for a term ending at the
death of the owner or the death of his or her
spouse, whichever is later. The owner shall elect
the term to be reserved. Unless the property is
wholly or partly donated to the United States,
the Secretary shall pay to the owner the fair
market value of the property on the date of acquisition minus the fair market value on that
date of the right retained by the owner. A right
retained pursuant to this section shall be subject to termination by the Secretary upon his or
her determination that it is being exercised in a
manner inconsistent with the purposes of sections 459c to 459c–7 of this title, and it shall terminate by operation of law upon the Secretary’s
notifying the holder of the right of such determination and tendering to him or her an amount
equal to the fair market value of that portion of
the right which remains unexpired. Where appropriate in the discretion of the Secretary, he
or she may lease federally owned land (or any
interest therein) which has been acquired by the
Secretary under sections 459c to 459c–7 of this
title, and which was agricultural land prior to
its acquisition. Such lease shall be subject to
such restrictive covenants as may be necessary
to carry out the purposes of sections 459c to
459c–7 of this title. Any land to be leased by the
Secretary under this section shall be offered

§ 459c–5

first for such lease to the person who owned
such land or was a leaseholder thereon immediately before its acquisition by the United
States.
(b) ‘‘Improved and agricultural property’’ defined
As used in sections 459c to 459c–7 of this title,
the term ‘‘improved property’’ shall mean a private noncommercial dwelling, including the
land on which it is situated, whose construction
was begun before September 1, 1959, or, in the
case of areas added by action of the Ninety-fifth
Congress, May 1, 1978 or, in the case of areas
added by action of the Ninety-sixth Congress,
May 1, 1979, and structures accessory thereto
(hereinafter in this subsection referred to as
‘‘dwelling’’), together with such amount and
locus of the property adjoining and in the same
ownership as such dwelling as the Secretary designates to be reasonably necessary for the enjoyment of such dwelling for the sole purpose of
noncommercial residential use and occupancy.
In making such designation the Secretary shall
take into account the manner of noncommercial
residential use and occupancy in which the
dwelling and such adjoining property has usually been enjoyed by its owner or occupant. The
term ‘‘agricultural property’’ as used in sections
459c to 459c–7 of this title means lands which
were in regular use for, or were being converted
to agricultural, ranching, or dairying purposes
as of May 1, 1978 or, in the case of areas added
by action of the Ninety-sixth Congress, May 1,
1979, together with residential and other structures related to the above uses of the property
that were in existence or under construction as
of May 1, 1978.
(c) Payment deferral; scheduling; interest rate
In acquiring those lands authorized by the
Ninety-fifth Congress for the purposes of sections 459c to 459c–7 of this title, the Secretary
may, when agreed upon by the landowner involved, defer payment or schedule payments
over a period of ten years and pay interest on
the unpaid balance at a rate not exceeding that
paid by the Treasury of the United States for
borrowing purposes.
(d) Lands donated by State of California
The Secretary is authorized to accept and
manage in accordance with sections 459c to
459c–7 of this title, any lands and improvements
within or adjacent to the seashore which are donated by the State of California or its political
subdivisions. He is directed to accept any such
lands offered for donation which comprise the
Tomales Bay State Park, or lie between said
park and Fish Hatchery Creek. The boundaries
of the seashore shall be changed to include any
such donated lands.
(e) Fee or admission charge prohibited
Notwithstanding any other provision of law,
no fee or admission charge may be levied for admission of the general public to the seashore.
(Pub. L. 87–657, § 5, formerly § 6, Sept. 13, 1962, 76
Stat. 541; renumbered § 5, Pub. L. 91–223, § 2(c),
Apr. 3, 1970, 84 Stat. 90; amended Pub. L. 95–625,
title III, § 318(b)–(d), Nov. 10, 1978, 92 Stat. 3487;
Pub. L. 96–199, title I, § 101(a)(2)–(4), Mar. 5, 1980,
94 Stat. 67.)

§ 459c–6

TITLE 16—CONSERVATION
AMENDMENTS

1980—Subsec. (a). Pub. L. 96–199, § 101(a)(2), substituted ‘‘Except for property which the Secretary specifically determines is needed for interpretive or resources management purposes of the seashore, the’’ for
‘‘The’’ in first sentence.
Subsec. (b). Pub. L. 96–199, § 101(a)(3), inserted ‘‘or, in
the case of areas inserted by action of the Ninety-sixth
Congress, May 1, 1979,’’ after ‘‘May 1, 1978’’ and ‘‘that
were in existence or under construction as of May 1,
1978’’ after ‘‘related to the above uses of the property’’.
Subsecs. (d), (e). Pub. L. 96–199, § 101(a)(4), added subsecs. (d) and (e).
1978—Subsec. (a). Pub. L. 95–625, § 318(b), extended provision to agricultural property; provided for: retention
rights of heirs and assigns, retention rights for term of
twenty-five years or for term ending with death of
owner or spouse, whichever was later, as elected by
owner, which provision previously authorized retention
for term of fifty years, termination of right of retention and notice thereof, and for lease of federally owned
lands, subject to restrictive covenants, with first offer
to prior owner or leaseholder; and included clause relating to donation of property to the United States.
Subsec. (b). Pub. L. 95–625, § 318(c), defined ‘‘improved
property’’ to include private dwelling, the construction
of which was begun, in the case of areas added by action of the Ninety-fifth Congress, October 1, 1978, and
included definition of ‘‘agricultural property’’.
Subsec. (c). Pub. L. 95–625, § 318(d), added subsec. (c).

§ 459c–6. Administration of property
(a) Protection, restoration, and preservation of
natural environment
Except as otherwise provided in sections 459c
to 459c–7 of this title, the property acquired by
the Secretary under such sections shall be administered by the Secretary without impairment of its natural values, in a manner which
provides for such recreational, educational, historic preservation, interpretation, and scientific
research opportunities as are consistent with,
based upon, and supportive of the maximum protection, restoration, and preservation of the
natural environment within the area, subject to
the provisions of sections 1, 2, 3, and 4 of this
title, as amended and supplemented, and in accordance with other laws of general application
relating to the national park system as defined
by sections 1b to 1d of this title, except that authority otherwise available to the Secretary for
the conservation and management of natural resources may be utilized to the extent he finds
such authority will further the purposes of sections 459c to 459c–7 of this title.
(b) Hunting and fishing regulations
The Secretary may permit hunting and fishing
on lands and waters under his jurisdiction within the seashore in such areas and under such
regulations as he may prescribe during open seasons prescribed by applicable local, State, and
Federal law. The Secretary shall consult with
officials of the State of California and any political subdivision thereof who have jurisdiction of
hunting and fishing prior to the issuance of any
such regulations, and the Secretary is authorized to enter into cooperative agreements with
such officials regarding such hunting and fishing
as he may deem desirable.
(Pub. L. 87–657, § 6, formerly § 7, Sept. 13, 1962, 76
Stat. 541; renumbered § 6, Pub. L. 91–223, § 2(c),
Apr. 3, 1970, 84 Stat. 90; amended Pub. L. 94–544,

Page 526

§ 4(a), Oct. 18, 1976, 90 Stat. 2515; Pub. L. 94–567,
§ 7(a), Oct. 20, 1976, 90 Stat. 2695.)
AMENDMENTS
1976—Subsec. (a). Pub. L. 94–544 and Pub. L. 94–567
made substantially identical amendments by inserting
provision which directed the Secretary to administer
the property acquired in such a manner so as to provide
recreational, educational, historic preservation, interpretation, and scientific research opportunities consistent with the maximum protection, restoration, and
preservation of the environment.

§ 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.
(Pub. L. 87–657, § 7, as added Pub. L. 94–544, § 4(b),
Oct. 18, 1976, 90 Stat. 2515, and Pub. L. 94–567,
§ 7(b), Oct. 20, 1976, 90 Stat. 2695.)
CODIFICATION
Section 4(b) of Pub. L. 94–544 and section 7(b) of Pub.
L. 94–567 enacted identical sections.

§ 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 Ninetyfifth Congress by the utilities district for water
supply purposes, subject to such terms and conditions as the Secretary deems are consistent
with the purposes of sections 459c to 459c–7 of
this title.
(Pub. L. 87–657, § 8, as added Pub. L. 95–625, title
III, § 318(e), Nov. 10, 1978, 92 Stat. 3487.)
§ 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 sections 459c to 459c–7 of this title, except that no more than $57,500,000 shall be appropriated for the acquisition of land and waters
and improvements thereon, and interests therein, and incidental costs relating thereto, in accordance with the provisions of such sections:
Provided, That no freehold, leasehold, or lesser
interest in any lands hereafter acquired within
the boundaries of the Point Reyes National Seashore shall be conveyed for residential or commercial purposes except for public accommodations, facilities, and services provided pursuant
to sections 20 to 20g 1 and 462(h) of this title. In
addition to the sums heretofore authorized by
this section, there is further authorized to be appropriated $5,000,000 for the acquisition of lands
or interests therein.
(Pub. L. 87–657, § 9, formerly § 8, Sept. 13, 1962, 76
Stat. 541; Pub. L. 89–666, § 1(b), Oct. 15, 1966, 80
1 See

References in Text note below.

Page 527

§ 459d–1

TITLE 16—CONSERVATION

Stat. 919; renumbered § 7 and amended Pub. L.
91–223, §§ 1, 2(c), Apr. 3, 1970, 84 Stat. 90; renumbered § 8, Pub. L. 94–544, § 4(b), Oct. 18, 1976, 90
Stat. 2515; renumbered § 8, Pub. L. 94–567, § 7(b),
Oct. 20, 1976, 90 Stat. 2695; renumbered § 9, Pub.
L. 95–625, title III, § 318(e), Nov. 10, 1978, 92 Stat.
3487; amended Pub. L. 95–625, title III, § 318(f), as
added Pub. L. 96–199, title I, § 101(a)(5), Mar. 5,
1980, 94 Stat. 67.)
REFERENCES IN TEXT
Sections 20 to 20g of this title, referred to in text,
were repealed by Pub. L. 105–391, title IV, § 415(a), Nov.
13, 1998, 112 Stat. 3515.
Sums ‘‘heretofore’’ authorized by this section, referred to in text, means sums authorized by this section prior to the enactment on Mar. 5, 1980, of Pub. L.
96–199, which added the authorization for a $5,000,000 appropriation for the acquisition of lands or interest in
lands.
CODIFICATION
Section 4(b) of Pub. L. 94–544 and section 7(b) of Pub.
L. 94–567 identically renumbered this section as section
8 of Pub. L. 87–657.
AMENDMENTS
1980—Pub. L. 96–199 inserted provisions authorizing
an appropriation of $5,000,000 for the acquisition of
lands or interests therein.
1970—Pub. L. 91–223, § 1, substituted ‘‘$57,500,000’’ for
‘‘$19,135,000’’, restricted conveyances of any interest in
any lands acquired after April 3, 1970, only for public
accommodations, facilities, and services under provisions for concessions in areas administered by National
Park Service.
1966—Pub. L. 89–666 substituted ‘‘$19,135,000’’ for
‘‘$14,000,000’’.

§ 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.
(Pub. L. 87–712, § 1, Sept. 28, 1962, 76 Stat. 650.)
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, 79 Stat. 1318. Environmental Science Services Administration abolished
in 1970 and its personnel, property, records, etc., transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090. By order of Acting Associate
Administrator of National Oceanic and Atmospheric
Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and
Geodetic Survey redesignated National Ocean Survey.
See notes under section 311 of Title 15, Commerce and
Trade.

§ 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 section 459d of this title
or which lie within the boundaries of the seashore as established under section 459d–2 of this
title (hereinafter referred to as ‘‘such area’’).
Any property, or interest therein, owned by the
State of Texas or political subdivision thereof
may be acquired only with the concurrence of
such owner. Notwithstanding any other provision of law, any Federal property located within
such area may, with the concurrence of the
agency having custody thereof, be transferred
without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of sections 459d to
459d–7 of this title.
(b) Fair market value; appraisal
The Secretary is authorized to pay for any acquisitions which he makes by purchase under
sections 459d to 459d–7 of this title their fair
market value, as determined by the Secretary,
who may in his discretion base his determination on an independent appraisal obtained by
him.
(c) Exchange of property; cash equalization payments
In exercising his authority to acquire property
by exchange, the Secretary may accept title to
any non-Federal property located within such

§ 459d–2

TITLE 16—CONSERVATION

area and convey to the grantor of such property
any federally owned property under the jurisdiction of the Secretary within such area. The
properties so exchanged shall be approximately
equal in fair market value: Provided, That the
Secretary may accept cash from or pay cash to
the grantor in such an exchange in order to
equalize the values of the properties exchanged.
(Pub. L. 87–712, § 2, Sept. 28, 1962, 76 Stat. 650.)
REVISION OF BOUNDARIES; ADDITION AND DELETION OF
ACREAGE
Pub. L. 94–578, title I, § 101(13), Oct. 21, 1976, 90 Stat.
2733, as amended Pub. L. 96–199, title I, § 111, Mar. 5,
1980, 94 Stat. 70, provided in part that: ‘‘The Secretary
of the Interior is authorized to revise the boundary of
the seashore [Padre Island National Seashore, Texas] to
add approximately two hundred and seventy-four acres
and to delete approximately two thousand acres, and
sections 302 and 303 of the Act of April 11, 1972 (86 Stat.
120, 121) [Pub. L. 92–272, which sections were not classified to the Code], shall apply to the boundary revision
authorized herein.’’

§ 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 section
459d of this title, that is in the opinion of the
Secretary efficiently administrable to carry out
the purposes of sections 459d to 459d–7 of this
title, the Secretary shall establish the area as a
national seashore by the publication of notice
thereof in the Federal Register.
(b) Distribution of notice and map
Such notice referred to in subsection (a) of
this section shall contain a detailed description
of the boundaries of the seashore which shall encompass an area as nearly as practicable identical to the area described in section 459d of this
title. The Secretary shall forthwith after the
date of publication of such notice in the Federal
Register (1) send a copy of such notice, together
with a map showing such boundaries, by registered or certified mail to the Governor of the
State and to the governing body of each of the
political subdivisions involved; (2) cause a copy
of such notice and map to be published in one or
more newspapers which circulate in each of the
localities; and (3) cause a certified copy of such
notice, a copy of such map, and a copy of sections 459d to 459d–7 of this title to be recorded at
the registry of deeds for the county involved.
(Pub. L. 87–712, § 3, Sept. 28, 1962, 76 Stat. 651.)
§ 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

Page 528

the Secretary with respect to such mining or removal.
(b) Any acquisition hereunder shall exclude
and shall not diminish any right of occupation
or use of the surface under grants, leases, or
easements existing on April 11, 1961, which are
reasonably necessary for the exploration, development, production, storing, processing, or
transporting of oil and gas minerals that are removed from outside the boundaries of the national seashore and the Secretary may grant additional rights of occupation or use of the surface for the purposes aforesaid upon the terms
and under such regulations as may be prescribed
by him.
(Pub. L. 87–712, § 4, Sept. 28, 1962, 76 Stat. 651.)
§ 459d–4. Administration; utilization of authority
for conservation and management of natural
resources
Except as otherwise provided in sections 459d
to 459d–7 of this title, the property acquired by
the Secretary under such sections shall be administered by the Secretary, subject to the provisions of sections 1, 2, 3, and 4 of this title, as
amended and supplemented, and in accordance
with other laws of general application relating
to the areas administered and supervised by the
Secretary through the National Park Service;
except that authority otherwise available to the
Secretary for the conservation and management
of natural resources may be utilized to the extent he finds such authority will further the
purposes of sections 459d to 459d–7 of this title.
(Pub. L. 87–712, § 5, Sept. 28, 1962, 76 Stat. 652.)
§ 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.
(Pub. L. 87–712, § 6, Sept. 28, 1962, 76 Stat. 652.)
§ 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 sections 459d to 459d–7 of this
title so as to interfere with the use by the Department of the Navy of any aerial gunnery or
bombing range located in the vicinity of Padre
Island.
(Pub. L. 87–712, § 7, Sept. 28, 1962, 76 Stat. 652.)
§ 459d–7. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of sections 459d to 459d–7 of this title; except that no more than $5,350,000 shall be appropriated for the acquisition of land and waters
and improvements thereon, and interests therein, and incidental costs relating thereto, in accordance with the provisions of such sections.

Page 529

TITLE 16—CONSERVATION

§ 459e–1

(Pub. L. 87–712, § 8, Sept. 28, 1962, 76 Stat. 652;
Pub. L. 94–578, title I, § 101(13), Oct. 21, 1976, 90
Stat. 2733.)

this title] may be cited as the ‘Fire Island National
Seashore Amendments Act of 1984’.’’

CODIFICATION

(a) Authority of Secretary; manner and place;
concurrence of State owner; transfer from
Federal agency to administrative jurisdiction
of Secretary; liability of United States under
contracts contingent on appropriations
The Secretary is authorized to acquire, and it
is the intent of Congress that he shall acquire as
appropriated funds become available for the purpose or as such acquisition can be accomplished
by donation or with donated funds or by transfer, exchange, or otherwise, the lands, waters,
and other property, and improvements thereon
and any interest therein, within the boundaries
of the seashore as established under section 459e
of this title. Any property or interest therein
owned by the State of New York, by Suffolk
County, or by any other political subdivision of
said State may be acquired only with the concurrence of such owner. Notwithstanding any
other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be
transferred without consideration to the administrative jurisdiction of the Secretary for use by
him in carrying out the provisions of sections
459e to 459e–9 of this title. In exercising his authority to acquire property in accordance with
the provisions of this subsection, the Secretary
may enter into contracts requiring the expenditure, when appropriated, of funds authorized by
sections 459e to 459e–9 of this title, but the liability of the United States under any such contract shall be contingent on the appropriation of
funds sufficient to fulfill the obligations thereby
incurred.
(b) Establishment; notice in Federal Register
When the Secretary determines that lands and
waters or interests therein have been acquired
by the United States in sufficient quantity to
provide an administrative unit, he shall declare
the establishment of the Fire Island National
Seashore by publication of notice in the Federal
Register.
(c) Fair market value
The Secretary shall pay not more than the fair
market value, as determined by him, for any
land or interest therein acquired by purchase.
(d) Exchange of property; cash equalization payments
When acquiring land by exchange the Secretary may accept title to any nonfederally
owned land located within the boundaries of the
national seashore and convey to the grantor any
federally owned land under the jurisdiction of
the Secretary. The lands so exchanged shall be
approximately equal in fair market value, but
the Secretary may accept cash from or pay cash
to the grantor in order to equalize the values of
the lands exchanged.
(e) Limitation of condemnation power during existence of zoning ordinance; Davis ParkSmith 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

Section 101(13) of Pub. L. 94–578, cited as a credit to
this section, as amended by Pub. L. 96–199, title I, § 111,
Mar. 5, 1980, 94 Stat. 70, is also set out in part as a note
under section 459d–1 of this title.
AMENDMENTS
1976—Pub.
‘‘$5,000,000’’.

L.

94–578

substituted

‘‘$5,350,000’’

for

§ 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.
(Pub. L. 88–587, § 1, Sept. 11, 1964, 78 Stat. 928;
Pub. L. 95–625, title III, § 322(a), Nov. 10, 1978, 92
Stat. 3488.)
AMENDMENTS
1978—Subsec. (b). Pub. L. 95–625 inserted ‘‘the main
unit of’’ before ‘‘Robert Moses State Park’’, included in
the boundaries the mainland terminal and headquarters sites, not to exceed a total of twelve acres, on
the Patchogue River within Suffolk County, New York,
and substituted map numbered OGP—0004, dated May
1978 for OGP—0002, dated June 1964 and requirement of
publishing the map in the Federal Register for prior
provision for filing the map with the Federal Register.
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98–482, § 1, Oct. 17, 1984, 98 Stat. 2255, provided:
‘‘That this Act [amending sections 459e–1 and 459e–2 of

§ 459e–1. Acquisition of property

§ 459e–1

TITLE 16—CONSERVATION

interests therein within the boundaries of the
seashore or any property or interests therein
within the communities delineated on the
boundary map mentioned in section 459e of this
title, except beach or waters and adjoining land
within such communities which the Secretary
determines are needed for public access to the
beach, without the consent of the owners so long
as the appropriate local zoning agency shall
have in force and applicable to such property a
duly adopted, valid, zoning ordinance that is
satisfactory to the Secretary. The sole exception to this limitation on the power of the Secretary to condemn improved property where appropriate zoning ordinances exist shall be in the
approximately eight-mile area from the easterly
boundary of the Brookhaven town park at Davis
Park, in the town of Brookhaven, to the westerly boundary of the Smith Point County Park.
In this area only, when the Secretary deems it
advisable for carrying out the purposes of sections 459e to 459e–9 of this title or to improve
the contiguity of the park land and ease its administration, the Secretary may acquire any
land or improvements therein by condemnation.
In every case in which the Secretary exercises
this right of condemnation of improved property
the beneficial owner or owners (not being a corporation) of any improved property so condemned, provided he, she, or they held the same
or a greater estate in the property on July 1,
1963, may elect as a condition of such acquisition by the Secretary any one of the following
three alternatives:
(1) that the Secretary shall take the said
property in fee simple absolute and pay the
fair market value thereof as of the date of
such taking;
(2) that the owner or owners shall retain a
life estate in said property, measured on the
life of the sole owner or on the life of any one
person among multiple owners (notice of the
person so designated to be filed in writing
with the Secretary within six months after the
taking) or on the life of the survivor in title of
any estate held on July 1, 1963, as a tenancy by
the entirety. The price in such case shall be
diminished by the actuarial fair market value
of the life estate retained, determined on the
basis of standard actuarial methods;
(3) that the owner or owners shall retain an
estate for twenty-five years. The price in this
case shall likewise be diminished by the value
of the estate retained.
(f) ‘‘Improved property’’ defined
The term ‘‘improved property’’ as used in sections 459e to 459e–9 of this title shall mean any
building, the construction of which was begun
before July 1, 1963, and such amount of land, not
in excess of two acres in the case of a residence
or ten acres in the case of a commercial or industrial use, on which the building is situated as
the Secretary considers reasonably necessary to
the use of the building: Provided, That the Secretary may exclude from improved properties
any beach or waters, together with so much of
the land adjoining such beach or waters as he
deems necessary for public access thereto.

Page 530

(g) Undeveloped tracts and property; suspension
of condemnation authority; natural state
The authority of the Secretary to condemn
undeveloped tracts within the Dune District as
depicted on map entitled ‘‘Fire Island National
Seashore’’ numbered OGP–0004 dated May, 1978,
is suspended so long as the owner or owners of
the undeveloped property therein maintain the
property in its natural state. Undeveloped property within the Dune District that is acquired
by the Secretary shall remain in its natural
state.
(h) Sale of property acquired by condemnation;
excepted properties; proceeds available for
acquisition of property
(1)(A) The Secretary shall sell any property
described in subparagraph (B) of this paragraph
acquired by condemnation under sections 459e to
459e–9 of this title to the highest bidder; except
that—
(i) no property shall be sold at less than its
fair market value; and
(ii) no property shall be sold unless it is sold
subject to covenants or other restrictions that
will ensure that the use of such property conforms—
(I) to the standards specified in regulations issued under section 459e–2(a) of this
title which are in effect at the time of such
sale, and
(II) to any approved zoning ordinance or
amendment thereof to which such property
is subject.
(B) The property referred to in subparagraph
(A) of this paragraph is any property within the
boundaries of the national seashore as delineated on the map mentioned in section 459e of
this title except—
(i) property within the Dune district referred
to in subsection (g) of this section;
(ii) beach or waters and adjoining land within the exempt communities referred to in the
first sentence of subsection (e) of this section;
and 1
(iii) property within the eight-mile area described in the second sentence of subsection
(e) of this section; and
(iv) any property acquired prior to October 1,
1982, that the Secretary determines should be
retained to further the purpose of sections 459e
to 459e–9 of this title.
(2) Notwithstanding any other provision of
law, all moneys received from sales under paragraph (1) of this subsection may be retained and
shall be available to the Secretary, without further appropriation, only for purposes of acquiring property under sections 459e to 459e–9 of this
title.
(i) Injunctive relief; termination
(1) Upon or after the commencement of any
action for condemnation with respect to any
property under sections 459e to 459e–9 of this
title, the Secretary, through the Attorney General of the United States, may apply to the
United States District Court for the Eastern
District of New York for a temporary restrain1 So

in original. The word ‘‘and’’ probably should not appear.

Page 531

TITLE 16—CONSERVATION

ing order or injunction to prevent any use of, or
construction upon, such property that—
(A) fails, or would result in a failure of such
property, to conform to the standards specified in regulations issued under section
459e–2(a) of this title in effect at the time such
use or construction began; or
(B) in the case of undeveloped tracts in the
Dune district referred to in subsection (g) of
this section, would result in such undeveloped
property not being maintained in its natural
state.
(2) Any temporary restraining order or injunction issued pursuant to such an application shall
terminate in accordance with the provisions of
section 459e–2(g) of this title.
(Pub. L. 88–587, § 2, Sept. 11, 1964, 78 Stat. 929;
Pub. L. 95–625, title III, § 322(b), Nov. 10, 1978, 92
Stat. 3489; Pub. L. 98–482, § 2, Oct. 17, 1984, 98
Stat. 2255.)
AMENDMENTS
1984—Subsecs. (h), (i). Pub. L. 98–482 added subsecs.
(h) and (i).
1978—Subsec. (g). Pub. L. 95–625 added subsec. (g).

§ 459e–2. Zoning regulations
(a) Amendment; standards for approval of ordinances
In order to carry out the provisions of section
459e–1 of this title the Secretary shall issue regulations, which may be amended from time to
time, specifying standards that are consistent
with the purposes of sections 459e to 459e–9 of
this title for zoning ordinances which must meet
his approval.
(b) Commercial or industrial use prohibition;
size, location or use restrictions for commercial, residential, and other structures; reconciliation of population 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 sections 459e to 459e–9 of this title, of all property
within the national seashore, and (2) promoting
the protection and development for purposes of
sections 459e to 459e–9 of this title of the land
within the national seashore by means of limitations or restrictions on the size, location or use
of any commercial, residential, and other structures. In accomplishing these objectives, such
standards shall seek to reconcile the population
density of the seashore on October 17, 1984, with
the protection of the natural resources of the
Seashore 1 consistent with the purposes for
which it has been established as provided by sections 459e to 459e–9 of this title.
(c) Approval of ordinances
Following issuance of such regulations the
Secretary shall approve any zoning ordinance or
any amendment to any approved zoning ordinance submitted to him that conforms to the
standards contained in the regulations in effect
1 So

in original. Probably should not be capitalized.

§ 459e–2

at the time of adoption of the ordinance or
amendment. Such approval shall remain effective for so long as such ordinance or amendment
remains in effect as approved.
(d) Adverse provisions and absence of notice for
variance as requiring disapproval of ordinances
No zoning ordinance or amendment thereof
shall be approved by the Secretary which (1)
contains any provisions that he considers adverse to the protection and development, in accordance with the purposes of sections 459e to
459e–9 of this title, of the area comprising the
national seashore; or (2) fails to have the effect
of providing that the Secretary shall receive notice of any variance granted under, or any exception made to, the application of such ordinance or amendment.
(e) Termination of suspension of authority for
acquisition by condemnation because of nonconforming variances and uses
In the case of any property, including improved property but excluding undeveloped property in the Dune district referred to in section
459e–1(g) of this title, with respect to which the
Secretary’s authority to acquire by condemnation has been suspended under sections 459e to
459e–9 of this title if—
(1) such property is, after October 17, 1984,
made the subject of a variance under, or becomes for any reason an exception to, any applicable zoning ordinance approved under this
section; and
(2) such variance or exception results, or will
result, in such property being used in a manner that fails to conform to any applicable
standard contained in regulations of the Secretary issued pursuant to this section and in
effect at the time such variance or exception
took effect;
then the suspension of the Secretary’s authority
to acquire such property by condemnation shall
automatically cease.
(f) Certificate of suspension of authority for acquisition by condemnation
The Secretary shall furnish to any party in interest upon request a certificate indicating the
property with respect to which the Secretary’s
authority to acquire by condemnation is suspended.
(g) Injunctive relief; termination
Notwithstanding any other provision of sections 459e to 459e–9 of this title, the Secretary of
the Interior, acting through the Attorney General of the United States, may apply to the
United States District Court for the Eastern
District of New York for a temporary restraining order or injunction to prohibit the use of, including construction upon, any property within
the seashore in a manner that—
(1) will cause or is likely to cause significant
harm to the natural resources of the seashore,
or
(2) is inconsistent with the purposes for
which the seashore was established.
Except to the extent the Court may deem necessary in extraordinary circumstances, no such

§ 459e–3

TITLE 16—CONSERVATION

order or injunction shall continue in effect for
more than one hundred and eighty days. During
the period of such order or injunction, the Secretary shall diligently and in good faith negotiate with the owner of the property to assure
that following termination of the order or injunction, the inconsistent use is abated or the
significant harm to the natural resources is
mitigated.
(Pub. L. 88–587, § 3, Sept. 11, 1964, 78 Stat. 930;
Pub. L. 98–482, §§ 3–5, Oct. 17, 1984, 98 Stat. 2256.)
AMENDMENTS
1984—Subsec. (b). Pub. L. 98–482, § 4, substituted ‘‘by
means of limitations or restrictions on the size, location or use of any commercial, residential, and other
structures’’ for ‘‘by means of acreage, frontage, and
setback requirements’’ and required that the standards
seek to reconcile the population density of the seashore
on Oct. 17, 1984, with the protection of the natural resources of the seashore.
Subsec. (e). Pub. L. 98–482, § 3, designated part of existing provisions as pars. (1) and (2), made the provisions applicable to any property, and excluded undeveloped property in the Dune district.
Subsec. (g). Pub. L. 98–482, § 5, added subsec. (g).

§ 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 459e–2 of this title, and upon tender to
the owner of the right an amount equal to the
fair market value of that portion of the right
which remains unexpired on the date of termination.
(Pub. L. 88–587, § 4, Sept. 11, 1964, 78 Stat. 931.)
§ 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.
(Pub. L. 88–587, § 5, Sept. 11, 1964, 78 Stat. 931.)

Page 532

§ 459e–5. Acceptance of donations
The Secretary may accept and use for purposes of sections 459e to 459e–9 of this title any
real or personal property or moneys that may be
donated for such purposes.
(Pub. L. 88–587, § 6, Sept. 11, 1964, 78 Stat. 931.)
§ 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
sections 459e to 459e–9 of this title and the applicable provisions of the laws relating to the national park system, and the Secretary may utilize any other statutory authority available to
him for the conservation and development of
natural resources to the extent he finds that
such authority will further the purposes of sections 459e to 459e–9 of this title. Appropriate
user fees may be collected notwithstanding any
limitation on such authority by any provision of
law.
(Pub. L. 88–587, § 7, Sept. 11, 1964, 78 Stat. 931;
Pub. L. 95–625, title III, § 322(c), Nov. 10, 1978, 92
Stat. 3489.)
AMENDMENTS
1978—Subsec. (b). Pub. L. 95–625 substituted ‘‘Ocean
Ridge portion of Davis Park’’ for ‘‘Brookhaven town
park at’’.

Page 533

TITLE 16—CONSERVATION

§ 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 sections 459e to 459e–9 of this title.
(b) Land contribution
The Secretary shall also contribute the necessary land which may be required at any future
date for the construction of one new inlet across
Fire Island in such location as may be feasible
in accordance with plans for such an inlet which
are mutually acceptable to the Secretary of the
Interior and the Secretary of the Army and that
is consistent with the purposes of sections 459e
to 459e–9 of this title.
(Pub. L. 88–587, § 8, Sept. 11, 1964, 78 Stat. 932.)
§ 459e–8. Omitted
CODIFICATION
Section, Pub. L. 88–587, § 9, Sept. 11, 1964, 78 Stat. 932,
which provided for the creation of a Fire Island National Seashore Advisory Commission, has been omitted as executed in view of a provision of subsec. (a) that
the Commission terminate on Sept. 11, 1974, or on the
declaration of the establishment of the Fire Island National Seashore, whichever occurs first.

§ 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 sections
459e to 459e–9 of this title, and, after December
23, 1980, not more than $500,000 for development.
(Pub. L. 88–587, § 10, Sept. 11, 1964, 78 Stat. 933;
Pub. L. 94–578, title I, § 101(5), Oct. 21, 1976, 90
Stat. 2732; Pub. L. 95–625, title III, § 322(d), Nov.
10, 1978, 92 Stat. 3489; Pub. L. 96–585, § 1(e), Dec.
23, 1980, 94 Stat. 3379.)
AMENDMENTS
1980—Pub. L. 96–585 inserted provision authorizing
$500,000 appropriation for development.
1978—Pub. L. 95–625 substituted ‘‘$23,000,000’’ for
‘‘$18,000,000’’.
1976—Pub. L. 94–578 substituted ‘‘$18,000,000’’ for
‘‘$16,000,000’’.

§ 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 do-

§ 459f–1

nation may be accepted subject to such terms,
covenants, and conditions as the Secretary finds
will be in the public interest.
(Pub. L. 89–244, § 1, Oct. 9, 1965, 79 Stat. 967.)
§ 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.
(Pub. L. 89–244, § 2, Oct. 9, 1965, 79 Stat. 967.)
§ 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.
(Pub. L. 89–244, § 3, Oct. 9, 1965, 79 Stat. 967.)
§ 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 sections 459f
to 459f–11 of this title. The seashore shall comprise the area within Assateague Island and the
small marsh islands adjacent thereto, together
with the adjacent water areas not more than
one-half mile beyond the mean high waterline of
the land portions as generally depicted on a map
identified as ‘‘Proposed Assateague Island National Seashore, Boundary Map, NS–AI–7100A,
November, 1964’’, which map shall be on file and
available for public inspection in the offices of
the Department of the Interior.
(Pub. L. 89–195, § 1, Sept. 21, 1965, 79 Stat. 824.)
§ 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

§ 459f–2

TITLE 16—CONSERVATION

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 sections 459f to 459f–11 of this
title, the Secretary is authorized to accept the
donation of a scenic easement covering the parcel of land adjacent to the seashore and known
as the ‘‘Woodcock Property’’.
(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 ChincoteagueAssateague 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 noncommer-

Page 534

cial residential purposes or for hunting purposes, as hereinafter provided, for a term that is
not more than twenty-five years. In such cases,
the Secretary shall pay to the owner of the property the fair market value thereof less the fair
market value of the right retained by such
owner: Provided, That such use and occupancy
shall be subject to general rules and regulations
established by the Secretary with respect to the
outward appearance of any buildings on the
lands involved. The term ‘‘improved property’’
as used in sections 459f to 459f–11 of this title
shall mean (1) any single-family residence the
construction of which was begun before January
1, 1964, and such amount of land, not in excess of
three acres, on which the building is situated as
the Secretary considers reasonably necessary to
the noncommercial residential use of the building, and (2) any property fronting on the Chincoteague Bay or Sinepuxent Bay, including the
offshore bay islands adjacent thereto, that is
used chiefly for hunting and continues in such
use: Provided, That the Secretary may exclude
from improved properties any marsh, beach, or
waters, together with so much of the land adjoining such marsh, beach, or waters as he
deems necessary for public use or public access
thereto.
(Pub. L. 89–195, § 2, Sept. 21, 1965, 79 Stat. 824;
Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1924;
Pub. L. 102–320, § 1(1)–(4), July 10, 1992, 106 Stat.
321.)
AMENDMENTS
1992—Subsec. (a). Pub. L. 102–320, § 1(1), (2), amended
second and last sentences generally, substituting reference to 112 acres for reference to sixteen acres for an
administrative site in second sentence and striking out
reference in last sentence to sixteen acres of Federal
property on the mainland in Worcester County, Maryland.
Subsec. (b). Pub. L. 102–320, § 1(3), (4), amended first
sentence generally, striking out reference to not more
than sixteen acres of non-Federal property on the
mainland in Worcester County, Maryland, and inserted
at end ‘‘Notwithstanding the acreage limitation set
forth in sections 459f to 459f–11 of this title, the Secretary is authorized to accept the donation of a scenic
easement covering the parcel of land adjacent to the
seashore and known as the ‘Woodcock Property’.’’
1990—Subsecs. (a), (b). Pub. L. 101–512 substituted
‘‘sixteen acres’’ for ‘‘ten acres’’ wherever appearing.

§ 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.

Page 535

TITLE 16—CONSERVATION

(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 its public use
in harmony with the purposes of sections 459f to
459f–11 of this title. In the event any of such
terms and conditions are not complied with, all
the property, or any portion thereof, shall, at
the option of the Secretary, revert to the United
States, in its then existing condition. Any lease
hereunder shall be for such consideration as the
Secretary deems equitable; and any conveyance
of title to land hereunder may be made only
upon payment by the State of such amounts of
money as were expended by the United States to
acquire such land, or interests therein, and upon
payments of such amounts as will reimburse the
United States for the cost of any improvements
placed thereon by the United States, including
the cost to it of beach protection: Provided, That
reimbursement for beach protection shall not
exceed 30 per centum, as determined by the Secretary, of the total cost of the United States of
such protection work.
(Pub. L. 89–195, § 3, Sept. 21, 1965, 79 Stat. 825.)
§ 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 459f of this title are owned or have been acquired by the United States in sufficient quantities to provide an administrable unit, he shall
declare the establishment of the Assateague Island National Seashore by publication of notice
thereof in the Federal Register. Such notice
shall contain a refined description or map of the
boundaries of the seashore as the Secretary may
find desirable, and the exterior boundaries shall
encompass an area as nearly as practicable identical to the area described in section 459f of this
title.
(Pub. L. 89–195, § 4, Sept. 21, 1965, 79 Stat. 825.)
§ 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 sections 459f to 459f–11 of this title, shall
limit or interfere with the authority of the

§ 459f–5

States to permit or to regulate shellfishing in
any waters included in the national seashore:
Provided further, That nothing in said sections
shall add to or limit the authority of the Federal Government in its administration of Federal laws regulating migratory waterfowl. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into
effect only after consultation with the appropriate State agency responsible for hunting and
fishing activities. The provisions of this section
shall not apply to the Chincoteague National
Wildlife Refuge.
(Pub. L. 89–195, § 5, Sept. 21, 1965, 79 Stat. 826.)
§ 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 sections 459f
to 459f–11 of this title.
(b) Refuge land and waters; application of national wildlife refuge provisions; public
recreation uses in accordance with provisions for national conservation recreational
areas
Notwithstanding any other provision of sections 459f to 459f–11 of this title, land and waters
in the Chincoteague National Wildlife Refuge,
which are a part of the seashore, shall be administered for refuge purposes under laws and regulations applicable to national wildlife refuges,
including administration for public recreation
uses in accordance with the provisions of the
Act of September 28, 1962 (Public law 87–714; 76
Stat. 653) [16 U.S.C. 460k et seq.].
(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.
(Pub. L. 89–195, § 6, Sept. 21, 1965, 79 Stat. 826;
Pub. L. 102–320, § 1(5), July 10, 1992, 106 Stat. 321.)

§ 459f–6

TITLE 16—CONSERVATION
REFERENCES IN TEXT

Page 536

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.

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 an amount equal to the cost of constructing such facilities less depreciation.

AMENDMENTS

(Pub. L. 89–195, § 10, Sept. 21, 1965, 79 Stat. 827.)

1992—Subsec. (c). Pub. L. 102–320 added subsec. (c).
DESIGNATION OF CENTER TO HONOR HERBERT H.
BATEMAN

§ 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 sections 459f to 459f–11 of
this title.

Pub. L. 106–480, Nov. 9, 2000, 114 Stat. 2186, provided
that:
‘‘SECTION 1. DESIGNATION.
‘‘A building proposed to be located within the boundaries of the Chincoteague National Wildlife Refuge, on
Assateague Island, Virginia, shall be known and designated as the ‘Herbert H. Bateman Education and Administrative Center’.
‘‘SEC. 2. REFERENCES.
‘‘Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to in section 1 shall be deemed to be a reference to the ‘Herbert H. Bateman Education and Administrative Center’.’’
Similar provisions were contained in Pub. L. 106–369,
§ 8, Oct. 27, 2000, 114 Stat. 1419.
Pub. L. 106–291, title I, § 141, Oct. 11, 2000, 114 Stat. 949,
provided that the building housing the visitors center
within the boundaries of the Chincoteague National
Wildlife Refuge on Assateague Island, Virginia, was to
be known and designated as the ‘‘Herbert H. Bateman
Educational and Administrative Center’’.

1976—Pub. L. 94–578 substituted ‘‘$22,400,000’’ for
‘‘$21,050,000’’.
1972—Pub. L. 92–272 substituted ‘‘$21,050,000 (including
such sums, together with interest, as may be necessary
to satisfy final judgments rendered against the United
States)’’ for ‘‘$16,250,000’’.

§ 459f–6. Repealed. Pub. L. 94–578, title III, § 301,
Oct. 21, 1976, 90 Stat. 2733

§ 459f–11. Comprehensive plan for protection,
management, and use of seashore

Section, Pub. L. 89–195, § 7, Sept. 21, 1965, 79 Stat. 826,
made provision for the construction of overnight and
other public accommodation facilities, land selection
and land fill, concession facilities, and the promulgation of rules and regulations covering those areas by
the Secretary of the Interior. See section 459f–11 of this
title.

(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

§ 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 sections 459f to 459f–11 of this title.
(Pub. L. 89–195, § 8, Sept. 21, 1965, 79 Stat. 827.)
§ 459f–8. Repealed. Pub. L. 94–578, title III, § 301,
Oct. 21, 1976, 90 Stat. 2733
Section, Pub. L. 89–195, § 9, Sept. 21, 1965, 79 Stat. 827,
authorized and directed the Secretary of the Interior to
construct and maintain a road from the ChincoteagueAssateague Island Bridge to an area in the wildlife refuge that he deemed appropriate for recreation purposes
and to acquire the necessary lands and rights-of-way
for a road from the Chincoteague-Assateague Island
Bridge to the Sandy Point-Assateague Bridge. See section 459f–11 of this title.

§ 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

(Pub. L. 89–195, § 11, Sept. 21, 1965, 79 Stat. 827;
Pub. L. 92–272, title I, § 101(1), Apr. 11, 1972, 86
Stat. 120; Pub. L. 94–578, title I, § 101(2), Oct. 21,
1976, 90 Stat. 2732.)
AMENDMENTS

Page 537

TITLE 16—CONSERVATION

of the Secretary would significantly adversely
affect the administration, use, and environmental quality of the seashore shall be made, issued, or approved by the head of any Federal
agency without first consulting with the Secretary to determine whether or not such project
is consistent with the plan developed pursuant
to this section and allowing him at least thirty
days to comment in writing on such proposed
action.
(Pub. L. 89–195, § 12, as added Pub. L. 94–578, title
III, § 301, Oct. 21, 1976, 90 Stat. 2733.)
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.

§ 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.
(Pub. L. 89–366, § 1, Mar. 10, 1966, 80 Stat. 33; Pub.
L. 93–477, title IV, § 406(1), Oct. 26, 1974, 88 Stat.
1448.)
AMENDMENTS
1974—Pub. L. 93–477 substituted ‘‘ ‘Boundary Map,
Cape Lookout National Seashore’, dated March 1974,
and numbered 623–20,009’’ for ‘‘ ‘Proposed Boundaries—
Proposed Cape Lookout National Seashore’, dated April
1964, and numbered NS–CL–7101–B’’, and struck out proviso relating to certain property not to be included in
seashore.

§ 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 po-

§ 459g–1

litical subdivision thereof may be acquired only
by donation, but the Secretary may, subject to
the provisions of section 459g–6 of this title, acquire any other non-Federal lands, marshlands,
waters, or interests therein which are located
within the boundaries of the seashore by donation, purchase with donated or appropriated
funds, or exchange. Notwithstanding any other
provision of law, the Secretary may accept any
lands donated by the State of North Carolina
subject to a provision for reversion to the State
conditioned upon continued use of the property
for national seashore purposes. Land donated by
the State of North Carolina pursuant to this
subsection shall constitute consideration for the
transfer by the United States of 1.5 acres of land
that is to be used as a site for a public health facility in the village of Hatteras, Dare County,
North Carolina.
(b) Exchange of property; cash equalization payments
When acquiring lands by exchange, the Secretary may accept title to any non-Federal
property within the boundaries of the seashore
and convey to the grantor of such property any
federally owned property in the State of North
Carolina under his jurisdiction which he classifies as proper for exchange or other disposition.
Failing to effectuate an exchange of properties
of approximately equal fair market value, the
Secretary may accept cash from or pay cash to
the grantor in such an exchange in order to
equalize the values of the properties exchanged.
(c) Owner’s reservation of right of use and occupancy for residential purposes for life or
fixed term of years; exclusion of property
necessary for public use and access; election
of term
Any person who on January 1, 1966, owned
property which on July 1, 1963, was developed
and used for noncommercial residential purposes
may reserve for himself and his assigns, as a
condition to the purchase or acquisition by exchange of such property by the Secretary, a
right of use and occupancy of the residence and
not in excess of three acres of land on which the
residence is situated, for noncommercial residential purposes for a term ending at the death
of the owner, or the death of his spouse, or the
death of either of them, or, in lieu thereof, for a
definite term not to exceed twenty-five years:
Provided, That the Secretary may exclude from
such reserved property any marsh, beach, or waters, together with so much of the land adjoining such marsh, beach, or waters as he deems
necessary for public access thereto. The owner
shall elect the term of the right to be reserved.
The Secretary is authorized to accept donations
of property for purposes of the seashore in which
a right of use and occupancy for noncommercial
residential purposes is reserved for the period
stated in this subsection if the land on which
the residence is situated and to which the right
attaches is not in excess of three acres and there
is excluded from the reserved property such
marsh, beach, or waters and adjoining land as
the Secretary deems necessary for public use
and access thereto.

§ 459g–2

TITLE 16—CONSERVATION

(d) Termination of use and occupancy inconsistent with statutory purposes and upon tender
of sum for unexpired right
A right of use and occupancy reserved in lands
that are donated or otherwise acquired pursuant
to this section shall be subject to termination
by the Secretary upon his determination that
such use and occupancy is being exercised in a
manner not consistent with the purposes of sections 459g to 459g–7 of this title and upon tender
to the holder of the right of an amount equal to
the fair market value of that portion of the
right which remains unexpired on the date of
termination.
(e) Administrative site; landing dock and related
approach or access facilities
The Secretary of the Interior is authorized to
purchase with donated or appropriated funds, or
acquire by exchange, not to exceed one hundred
acres of lands or interests in lands at or near
Beaufort, North Carolina, as an administrative
site, and for a landing dock and related facilities
that may be used to provide a suitable approach
or access to the seashore.
(Pub. L. 89–366, § 2, Mar. 10, 1966, 80 Stat. 34; Pub.
L. 93–477, title IV, § 406(2), Oct. 26, 1974, 88 Stat.
1448.)

Page 538
AMENDMENTS

1974—Pub. L. 93–477 substituted ‘‘in an amount sufficient to constitute an efficiently administerable [sic]
unit for the purposes of sections 459g to 459g–7 of this
title’’ for ‘‘which under section 459g–1(a) of this title
may be acquired for the purposes of the seashore by donation only’’, and ‘‘establishment of the seashore by
publication’’ for ‘‘establishment of the Cape Lookout
National Seashore by publication’’.

§ 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.
(Pub. L. 89–366, § 4, Mar. 10, 1966, 80 Stat. 35.)

AMENDMENTS
1974—Subsec. (a). Pub. L. 93–477 substituted provisions relating to acquisition by donation of lands
owned by the State of North Carolina and acquisition
by donation, purchase or exchange of non-Federal
lands, marshlands, etc., and acceptance of lands donated by North Carolina, for provisions relating to acquisition of non-Federal lands, marshlands, etc., by donation only and acquisition by exchange lands comprising the Shackleford Banks.

§ 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 sections
459g to 459g–7 of this title is vested in the United
States, the Secretary shall declare the establishment of the seashore by publication of notice thereof in the Federal Register. Such notice
shall contain a refined description or map of the
boundaries of the seashore as the Secretary may
find desirable and such exterior boundaries shall
encompass, as nearly as possible, the area generally described in section 459g of this title. Copies
of said description or map shall be furnished to
the Speaker of the House and the President of
the Senate not less than thirty days prior to
publication in the Federal Register. Following
such establishment, and subject to the limitations and conditions prescribed in sections 459g
to 459g–7 of this title, the Secretary may, subject to the provisions of section 459g–1 of this
title, acquire the remainder of the lands and interests in lands within the boundaries of the seashore.
(Pub. L. 89–366, § 3, Mar. 10, 1966, 80 Stat. 35; Pub.
L. 93–477, title IV, § 406(3), Oct. 26, 1974, 88 Stat.
1448.)
1 So

in original. Probably should be ‘‘administrable’’.

§ 459g–4. Administration; public outdoor recreation and enjoyment; utilization of authorities for conservation and development of natural resources
(a) The Secretary shall administer the Cape
Lookout National Seashore for the general purposes of public outdoor recreation, including
conservation of natural features contributing to
public enjoyment. In the administration of the
seashore and the administrative site, the Secretary may utilize such statutory authorities relating to areas administered and supervised by
the Secretary through the National Park Service and such statutory authorities otherwise
available to him for the conservation and management of natural resources as he deems appropriate to carry out the purposes of sections 459g
to 459g–7 of this title.
(b)(1) The Secretary, in accordance with this
subsection, shall allow a herd of not less than
110 free roaming horses, with a target population of between 120 and 130 free roaming
horses, in Cape Lookout National Seashore
(hereinafter referred to as the ‘‘Seashore’’): Provided, That nothing in this section shall be construed to preclude the Secretary from implementing or enforcing the provisions of paragraph (3).
(2) Within 180 days after July 16, 1998, the Secretary shall enter into an agreement with the
Foundation for Shackleford Horses (a nonprofit
corporation established under the laws of the
State of North Carolina), or another qualified
nonprofit entity, to provide for management of
free roaming horses in the seashore. The agreement shall—
(A) provide for cost-effective management of
the horses while ensuring that natural resources within the seashore are not adversely
impacted; and

Page 539

§ 459g–7

TITLE 16—CONSERVATION

(B) allow the authorized entity to adopt any
of those horses that the Secretary removes
from the seashore.
(3) The Secretary shall not remove, assist in,
or permit the removal of any free roaming
horses from Federal lands within the boundaries
of the seashore—
(A) unless the entity with whom the Secretary has entered into the agreement under
paragraph (2), following notice and a 90-day response period, fails to meet the terms and conditions of the agreement; or
(B) unless removal is carried out as part of
a plan to maintain the viability of the herd; or
(C) except in the case of an emergency, or to
protect public health and safety.
(4) The Secretary shall annually monitor, assess, and make available to the public findings
regarding the population, structure, and health
of the free roaming horses in the national seashore.
(5) Nothing in this subsection shall be construed to require the Secretary to replace horses
or otherwise increase the number of horses within the boundaries of the seashore where the herd
numbers fall below 110 as a result of natural
causes, including, but not limited to, disease or
natural disasters.
(6) Nothing in this subsection shall be construed as creating liability for the United States
for any damages caused by the free roaming
horses to property located inside or outside the
boundaries of the seashore.
(Pub. L. 89–366, § 5, Mar. 10, 1966, 80 Stat. 35; Pub.
L. 105–202, § 2, July 16, 1998, 112 Stat. 676; Pub. L.
105–229, § 1, Aug. 13, 1998, 112 Stat. 1517; Pub. L.
109–117, § 1, Dec. 1, 2005, 119 Stat. 2526.)
AMENDMENTS
2005—Subsec. (a). Pub. L. 109–117, § 1(b)(1), struck out
‘‘(a)’’ after ‘‘(a)’’.
Subsec. (b). Pub. L. 109–117, § 1(b)(2), struck out the
subsec. (b) added by Pub. L. 105–229, which was identical
to the subsec. (b) added by Pub. L. 105–202.
Subsec. (b)(1). Pub. L. 109–117, § 1(a)(1), substituted
‘‘not less than 110 free roaming horses, with a target
population of between 120 and 130 free roaming horses,’’
for ‘‘100 free roaming horses’’.
Subsec. (b)(3)(B). Pub. L. 109–117, § 1(a)(2), added subpar. (B) and struck out former subpar. (B) which read
as follows: ‘‘unless the number of free roaming horses
on Federal lands within Cape Lookout National Seashore exceeds 110; or’’.
Subsec. (b)(5). Pub. L. 109–117, § 1(a)(3), substituted
‘‘110’’ for ‘‘100’’.
1998—Pub. L. 105–229 directed an amendment identical
to that in Pub. L. 105–202 resulting in the insertion of
‘‘(a)’’ before ‘‘(a)’’ in subsec. (a) and the addition of a
second, identical subsec. (b).
Pub. L. 105–202 designated existing provisions as subsec. (a) and added subsec. (b).

§ 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 sections 459g to 459g–7 of this title.

(Pub. L. 89–366, § 6, Mar. 10, 1966, 80 Stat. 35.)
§ 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.
(Pub. L. 89–366, § 7, Mar. 10, 1966, 80 Stat. 35; Pub.
L. 93–477, title IV, § 406(4), Oct. 26, 1974, 88 Stat.
1449.)
AMENDMENTS
1974—Pub. L. 93–477 substituted provisions authorizing review of area and report to the President by the
Secretary with regard to suitability of area for preservation as wilderness for provisions authorizing appropriations.

§ 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 sections 459g to 459g–7 of this
title, not to exceed $13,903,000 for acquisition of
lands and interests therein, of which no more
than $1,000,000 may be expended for acquisition
of lands owned by Core Banks Club Properties,
Incorporated. For development of essential public facilities there are authorized to be appropriated not more than $2,935,000. On or before
January 1, 1978, the Secretary shall develop and
transmit to the Committees on Interior and Insular Affairs of the United States Congress a
final master plan for the full development of the
seashore consistent with the preservation objectives of sections 459g to 459g–7 of this title, indicating—
(1) the facilities needed to accommodate the
health, safety and recreation needs of the visiting public;
(2) the location and estimated cost of all facilities; and
(3) the projected need for any additional facilities within the seashore.
(Pub. L. 89–366, § 8, as added Pub. L. 93–477, title
IV, § 406(5), Oct. 26, 1974, 88 Stat. 1449; amended
Pub. L. 98–141, § 4, Oct. 31, 1983, 97 Stat. 909.)
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.
AMENDMENTS
1983—Pub.
‘‘$7,903,000’’.

L.

98–141

substituted

‘‘$13,903,000’’

for

§ 459h

TITLE 16—CONSERVATION

§ 459h. Gulf Islands National Seashore
(a) Establishment
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’’).
(b) Composition
(1) In general
The seashore shall comprise the areas described in paragraphs (2) and (3).
(2) Areas included in boundary plan numbered
NS–GI–7100J
The areas described in this paragraph are
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:
(A) Ship, Petit Bois, and Horn Islands in
Mississippi;
(B) the eastern portion of Perdido Key in
Florida;
(C) Santa Rosa Island in Florida;
(D) the Naval Live Oaks Reservation in
Florida;
(E) Fort Pickens and the Fort Pickens
State Park in Florida; and
(F) 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.
(3) Cat Island
Upon its acquisition by the Secretary, the
area described in this paragraph is the parcel
consisting of approximately 2,000 acres of land
on Cat Island, Mississippi, as generally depicted on the map entitled ‘‘Boundary Map,
Gulf Islands National Seashore, Cat Island,
Mississippi’’, numbered 635/80085, and dated
November 9, 1999 (referred to in sections 459h
to 459h–10 of this title 1 as the ‘‘Cat Island
Map’’).
(4) Availability of Map
The Cat Island Map shall be on file and
available for public inspection in the appropriate offices of the National Park Service.
(Pub. L. 91–660, § 1, Jan. 8, 1971, 84 Stat. 1967; Pub.
L. 106–554, § 1(a)(4) [div. B, title I, § 137(a)], Dec.
21, 2000, 114 Stat. 2763, 2763A–231.)
REFERENCES IN TEXT
Sections 459h to 459h–10 of this title, referred to in
subsec. (b)(3), was in the original ‘‘this title’’, and was
translated as reading ‘‘this Act’’, meaning Pub. L.
91–660, which enacted sections 459h to 459h–10 of this
title, to reflect the probable intent of Congress, because Pub. L. 91–660 does not contain titles.
AMENDMENTS
2000—Pub. L. 106–554 inserted section catchline and
subsec. (a) designation and heading, substituted ‘‘In
1 See

References in Text note below.

Page 540

order’’ for ‘‘That, in order’’, inserted subsec. (b) designation and heading, added par. (1), inserted par. (2)
designation and heading and substituted ‘‘The areas described in this paragraph are’’ for ‘‘The seashore shall
comprise’’, redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (2), realigned margins, and added pars. (3) and (4).

§ 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 submerged land, land,
waters, and interests therein by donation, purchase with donated or appropriated funds, or exchange, except that property owned by a State
or any political subdivision thereof may be acquired only with the consent of the owner. The
Secretary may acquire by any of the above
methods not more than four hundred acres of
land or interests therein outside of the seashore
boundaries on the mainland in the vicinity of
Biloxi-Gulfport, Mississippi, for an administrative site and related facilities for access to the
seashore. With the concurrence of the agency
having custody thereof, any Federal property
within the seashore and mainland site may be
transferred without consideration to the administrative jurisdiction of the Secretary for the
purposes of the seashore.
(b) Improved residential property owner’s reservation of right of use and occupancy for
residential purposes for life or fixed term of
years; election by owner; transfer or assignment of right; adjustment of compensation
With respect to improved residential property
acquired for the purposes of sections 459h to
459h–10 of this title, which is beneficially owned
by a natural person and which the Secretary of
the Interior determines can be continued in that
use for a limited period of time without undue
interference with the administration, development, or public use of the seashore, the owner
thereof may on the date of its acquisition by the
Secretary retain a right of use and occupancy of
the property for noncommercial residential purposes for a term, as the owner may elect, ending
either (1) at the death of the owner or his
spouse, whichever occurs later, or (2) not more
than twenty-five years from the date of acquisition. Any right so retained may during its existence be transferred or assigned. The Secretary
shall pay to the owner the fair market value of
the property on the date of such acquisition, less
their 1 fair market value on such date of the
right retained by the owner.
(c) ‘‘Improved residential property’’ defined
As used in sections 459h to 459h–10 of this title,
‘‘improved residential property’’ means a singlefamily year-round dwelling, the construction of
which began before January 1, 1967, and which
serves as the owner’s permanent place of abode
at the time of its acquisition by the United
States, together with not more than three acres
of land on which the dwelling and appurtenant
buildings are located that the Secretary finds is
1 So

in original. Probably should be ‘‘the’’.

Page 541

§ 459h–3

TITLE 16—CONSERVATION

reasonably necessary for the owner’s continued
use and occupancy of the dwelling: Provided,
That the Secretary may exclude from improved
residential property any marsh, beach, or waters
and adjoining land that the Secretary deems is
necessary for public access to such marsh,
beach, or waters.
(d) Termination of use and occupancy inconsistent with statutory purposes and upon tender
of sum for unexpired right
The Secretary may terminate a right of use
and occupancy retained pursuant to this section
upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of sections 459h to
459h–10 of this title, and upon tender to the holder of the right an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination.
(e) Acquisition authority
(1) In general
The Secretary may acquire, from a willing
seller only—
(A) all land comprising the parcel described in subsection (b)(3) 2 that is above
the mean line of ordinary high tide, lying
and being situated in Harrison County, Mississippi;
(B) an easement over the approximately
150-acre parcel depicted as the ‘‘Boddie Family Tract’’ on the Cat Island Map for the purpose of implementing an agreement with the
owners of the parcel concerning the development and use of the parcel; and
(C)(i) land and interests in land on Cat Island outside the 2,000-acre area depicted on
the Cat Island Map; and
(ii) submerged land that lies within 1 mile
seaward of Cat Island (referred to in sections
459h to 459h–10 of this title 2 as the ‘‘buffer
zone’’), except that submerged land owned
by the State of Mississippi (or a subdivision
of the State) may be acquired only by donation.
(2) Administration
(A) In general
Land and interests in land acquired under
this subsection shall be administered by the
Secretary, acting through the Director of
the National Park Service.
(B) Buffer zone
Nothing in sections 459h to 459h–10 of this
title 2 or any other provision of law shall require the State of Mississippi to convey to
the Secretary any right, title, or interest in
or to the buffer zone as a condition for the
establishment of the buffer zone.
(3) Modification of boundary
The boundary of the seashore shall be modified to reflect the acquisition of land under
this subsection only after completion of the
acquisition.

106–554, § 1(a)(4) [div. B, title I, § 137(b)], Dec. 21,
2000, 114 Stat. 2763, 2763A–231.)

(Pub. L. 91–660, § 2, Jan. 8, 1971, 84 Stat. 1967; Pub.
L. 92–275, § 1(1), Apr. 20, 1972, 86 Stat. 123; Pub. L.

Any acquisition of lands, waters, or interests
therein shall not diminish any existing rights-

2 See

References in Text note below.

REFERENCES IN TEXT
Subsection (b)(3), referred to in subsec. (e)(1)(A),
probably means subsection (b)(3) of section 459h of this
title. Subsection (b) of this section does not contain a
par. (3).
Sections 459h to 459h–10 of this title, referred to in
subsec. (e)(1)(C)(ii), (2)(B), was in the original ‘‘this
title’’, and was translated as reading ‘‘this Act’’, meaning Pub. L. 91–660, which enacted sections 459h to
459h–10 of this title, to reflect the probable intent of
Congress, because Pub. L. 91–660 does not contain titles.
AMENDMENTS
2000—Subsec. (a). Pub. L. 106–554, § 1(a)(4) [div. B, title
I, § 137(b)(1)], substituted ‘‘submerged land, land,’’ for
‘‘lands,’’ in first sentence.
Subsec. (e). Pub. L. 106–554, § 1(a)(4) [div. B, title I,
§ 137(b)(2)], added subsec. (e).
1972—Subsec. (a). Pub. L. 92–275 increased amount of
property authorized to be acquired from one hundred
thirty-five to four hundred acres.

§ 459h–2. Designation of hunting and fishing
zones; regulation of maritime activities
(a) In general
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.
(b) No authority to regulate maritime activities
Nothing in sections 459h to 459h–10 of this
title 1 or any other provision of law shall affect
any right of the State of Mississippi, or give the
Secretary any authority, to regulate maritime
activities, including nonseashore fishing activities (including shrimping), in any area that, on
December 21, 2000, is outside the designated
boundary of the seashore (including the buffer
zone).
(Pub. L. 91–660, § 3, Jan. 8, 1971, 84 Stat. 1968; Pub.
L. 106–554, § 1(a)(4) [div. B, title I, § 137(c)], Dec.
21, 2000, 114 Stat. 2763, 2763A–232.)
REFERENCES IN TEXT
Sections 459h to 459h–10 of this title, referred to in
subsec. (b), was in the original ‘‘this title’’, and was
translated as reading ‘‘this Act’’, meaning Pub. L.
91–660, which enacted sections 459h to 459h–10 of this
title, to reflect the probable intent of Congress, because Pub. L. 91–660 does not contain titles.
AMENDMENTS
2000—Pub. L. 106–554 designated existing provisions as
subsec. (a), inserted heading, and added subsec. (b).

§ 459h–3. Rights-of-way or easements for transportation of oil and gas minerals

1 See

References in Text note below.

§ 459h–4

TITLE 16—CONSERVATION

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-ofway or easements as he deems necessary and
proper.
(Pub. L. 91–660, § 4, Jan. 8, 1971, 84 Stat. 1968.)
§ 459h–4. Administration of seashore; conservation and management of wildlife and natural
resources; authority to designate areas as national historic sites; agreements
(a) In general
Except as otherwise provided in sections 459h
to 459h–10 of this title, the Secretary shall administer the seashore in accordance with sections 1, 2, 3, and 4 of this title, as amended and
supplemented. In the administration of the seashore the Secretary may utilize such statutory
authorities available to him for the conservation and management of wildlife natural resources as he deems appropriate to carry out the
purposes of sections 459h to 459h–10 of this title.
With respect to Fort Redoubt, Fort San Carlos,
Fort Barrancas at Pensacola Naval Air Station,
Fort Pickens on Santa Rosa Island, and Fort
McRee on Perdido Key, Florida, and Fort Massachusetts on Ship Island, Mississippi, together
with such adjacent lands as the Secretary may
designate, the Secretary shall administer such
lands so as to recognize, preserve, and interpret
their national historical significance in accordance with sections 461 to 467 of this title, and he
may designate them as national historic sites.
(b) Agreements
(1) In general
The Secretary may enter into agreements—
(A) with the State of Mississippi for the
purposes of managing resources and providing law enforcement assistance, subject to
authorization by State law, and emergency
services on or within any land on Cat Island
and any water and submerged land within
the buffer zone; and
(B) with the owners of the approximately
150-acre parcel depicted as the ‘‘Boddie Family Tract’’ on the Cat Island Map concerning
the development and use of the land.
(2) No authority to enforce certain regulations
Nothing in this subsection authorizes the
Secretary to enforce Federal regulations outside the land area within the designated
boundary of the seashore.
(Pub. L. 91–660, § 5, Jan. 8, 1971, 84 Stat. 1968; Pub.
L. 106–554, § 1(a)(4) [div. B, title I, § 137(d)], Dec.
21, 2000, 114 Stat. 2763, 2763A–232.)
AMENDMENTS
2000—Pub. L. 106–554 designated existing provisions as
subsec. (a), inserted heading, and added subsec. (b).

Page 542

§ 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
sections 459h to 459h–10 of this title.
(Pub. L. 91–660, § 6, Jan. 8, 1971, 84 Stat. 1969.)
§ 459h–6. Transfer of Horn Island and Petit Bois
National Wildlife Refuges from National
Wildlife Refuge System; administration
(a) There are hereby transferred from the National Wildlife Refuge System to the seashore
the Horn Island and Petit Bois National Wildlife
Refuges to be administered in accordance with
the provisions of sections 459h to 459h–10 of this
title.
(b) If any of the Federal land on Santa Rosa or
Okaloosa Island, Florida, under the jurisdiction
of the Department of Defense is ever excess to
the needs of the Armed Forces, the Secretary of
Defense shall transfer the excess land to the administrative jurisdiction of the Secretary of the
Interior, subject to the terms and conditions acceptable to the Secretary of the Interior and the
Secretary of Defense. The Secretary of the Interior shall administer the transferred land as
part of the seashore in accordance with the provisions of sections 459h to 459h–10 of this title.
(Pub. L. 91–660, § 7, Jan. 8, 1971, 84 Stat. 1969; Pub.
L. 109–163, div. B, title XXVIII, § 2872(b), Jan. 6,
2006, 119 Stat. 3535.)
AMENDMENTS
2006—Pub. L. 109–163 designated existing provisions as
subsec. (a) and added subsec. (b).
TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PROPERTY ON SANTA ROSA AND OKALOOSA ISLAND, FLORIDA, TO GULF ISLANDS NATIONAL SEASHORE
Pub. L. 109–163, div. B, title XXVIII, § 2872(a), Jan. 6,
2006, 119 Stat. 3534, provided that: ‘‘Congress finds the
following:
‘‘(1) Public Law 91–660 of the 91st Congress [16
U.S.C. 459h et seq.] established the Gulf Islands National Seashore in the States of Florida and Mississippi.
‘‘(2) The original boundaries of the Gulf Islands National Seashore encompassed certain Federal land
used by the Air Force and the Navy, and the use of
such land was still required by the Armed Forces
when the seashore was established.
‘‘(3) Senate Report 91–1514 of the 91th Congress addressed the relationship between these military lands
and the Gulf Islands National Seashore as follows:
‘While the military use of these lands is presently required, they remain virtually free of adverse development and they are included in the boundaries of the
seashore so that they can be wholly or partially
transferred to the Department of the Interior when
they become excess to the needs of the Air Force.’.
‘‘(4) Although section 2(a) of Public Law 91–660 (16
U.S.C. 459h–1(a)) authorized the eventual transfer of

Page 543

§ 459i

TITLE 16—CONSERVATION

Federal land within the boundaries of the Gulf Islands National Seashore from the Department of Defense to the Secretary of the Interior, an amendment
mandating the transfer of excess Department of Defense land on Santa Rosa and Okaloosa Island, Florida, to the Secretary of the Interior is required to ensure that the purposes of the Gulf Islands National
Seashore are fulfilled.’’

§ 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 1132 of this
title, and recommend as to the suitability or
nonsuitability of any area within the seashore
for preservation as wilderness, and any designation of any such area as a wilderness shall be accomplished in accordance with said subsections.
(Pub. L. 91–660, § 8, Jan. 8, 1971, 84 Stat. 1969.)
§ 459h–8. Authority of Department of Army or
Chief of Engineers over navigation or related
matters
No provision of sections 459h to 459h–10 of this
title, or of any other Act made applicable thereby, shall be construed to affect, supersede, or
modify any authority of the Department of the
Army or the Chief of Engineers, with respect to
navigation or related matters except as specifically provided in section 459h–5 of this title.
(Pub. L. 91–660, § 9, Jan. 8, 1971, 84 Stat. 1969.)
§ 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 sections
459h to 459h–10 of this title. The Commission
shall be composed of three members from each
county in which the seashore is located, each
appointed for a term of two years by the Secretary as follows:
(1) one member to be appointed from recommendations made by the county commissioners in the respective counties;
(2) one member to be appointed from recommendations made by the Governor of the State
from each county; and
(3) one member to be designated by the Secretary from each county.
Provided, That two members shall be appointed
to the Advisory Commission in each instance in
counties whose population exceeds one hundred
thousand.
The Secretary shall designate one member to
be Chairman. Any vacancy in the Commission
shall be filled in the same manner in which the
original appointment was made.
Members of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its re-

sponsibilities under sections 459h to 459h–10 of
this title on vouchers signed by the Chairman.
The Secretary or his designee shall, from time
to time, consult with the Commission with respect to the matters relating to the development of the Gulf Islands National Seashore.
(Pub. L. 91–660, § 10, Jan. 8, 1971, 84 Stat. 1969.)
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 Pub. L.
92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 459h–10. Authorization of appropriations
(a) In general
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.
(b) Authorization for acquisition of land
In addition to the funds authorized by subsection (a) of this section, there are authorized
to be appropriated such sums as are necessary to
acquire land and submerged land on and adjacent to Cat Island, Mississippi.
(Pub. L. 91–660, § 11, Jan. 8, 1971, 84 Stat. 1970;
Pub. L. 92–275, § 1(2), Apr. 20, 1972, 86 Stat. 123;
Pub. L. 94–578, title I, § 101(6), Oct. 21, 1976, 90
Stat. 2732; Pub. L. 95–625, title I, § 101(13), Nov.
10, 1978, 92 Stat. 3471; Pub. L. 106–554, § 1(a)(4)
[div. B, title I, § 137(e)], Dec. 21, 2000, 114 Stat.
2763, 2763A–232.)
AMENDMENTS
2000—Pub. L. 106–554 designated existing provisions as
subsec. (a), inserted heading, and added subsec. (b).
1978—Pub. L. 95–625 substituted ‘‘$24,224,000 for development.’’ for ‘‘$17,774,000 (June 1970 prices) for development, plus or minus such amounts, if any, as may be
justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved herein.’’
1976—Pub. L. 94–578 substituted ‘‘$22,162,000’’ for
‘‘$3,462,000’’.
1972—Pub. L. 92–275 increased appropriations authorization for lands and land interests from $3,120,000 to
$3,462,000 and for development from $14,779,000 (1970
prices) to $17,774,000 (June 1970 prices).

§ 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,

§ 459i–1

TITLE 16—CONSERVATION

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.
(Pub. L. 92–536, § 1, Oct. 23, 1972, 86 Stat. 1066;
Pub. L. 95–625, title III, § 323, Nov. 10, 1978, 92
Stat. 3489; Pub. L. 98–170, Nov. 29, 1983, 97 Stat.
1116; Pub. L. 103–437, § 6(l), Nov. 2, 1994, 108 Stat.
4586.)
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives’’ for ‘‘Committees on Interior and Insular Affairs
of the United States House of Representatives and
United States Senate’’.
1983—Pub. L. 98–170 substituted ‘‘CUIS 40,000E’’ for
‘‘CUIS 40,000D’’.
1978—Pub. L. 95–625 substituted reference to Boundary Map ‘‘numbered CUIS 40,000D, and dated January
1978’’ for ‘‘numbered CUIS—40,000B, and dated June
1971’’.
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–447, div. E, title I, § 145(c), Dec. 8, 2004, 118
Stat. 3074, provided that: ‘‘This section [amending section 459i–5 of this title and provisions listed in a table
of Wilderness Areas set out under section 1132 of this
title] may be cited as the ‘Cumberland Island Wilderness Boundary Adjustment Act of 2004’.’’

§ 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.
(Pub. L. 92–536, § 2, Oct. 23, 1972, 86 Stat. 1066.)
§ 459i–2. Cumberland Island Parkway; right-ofway; administration; regulations
For the purpose of providing access from
Interstate 95 to the mainland administrative

Page 544

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-ofway, and adjacent or related sites as he may designate pursuant to sections 459i to 459i–9 of this
title for the development, hereby authorized, of
a roadway of parkway standards, including necessary bridges, spurs, connecting roads, access
roads, and other facilities, and for the development and interpretation of recreation areas and
historic sites in connection therewith. Lands acquired for the parkway shall be administered as
a part of the seashore, subject to all laws and
regulations applicable thereto, and subject to
such special regulations as the Secretary may
promulgate for the parkway.
(Pub. L. 92–536, § 3, Oct. 23, 1972, 86 Stat. 1066.)
§ 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.

Page 545

§ 459i–5

TITLE 16—CONSERVATION

(b) Commercial use prohibition; termination of
use and occupancy upon tender of compensation
A right of use and occupancy retained or enjoyed pursuant to this section may be terminated with respect to the entire property by the
Secretary upon his determination that the property or any portion thereof has ceased to be used
for noncommercial residential purposes and
upon tender to the holder of a right an amount
equal to the fair market value, as of the date of
tender, of that portion of the right which remains unexpired on the date of termination.
(c) ‘‘Improved property’’ defined
The term ‘‘improved property’’, as used in this
section shall mean a detached, noncommercial
residential dwelling, the construction of which
was begun before February 1, 1970 (hereinafter
referred to as ‘‘dwelling’’), together with so
much of the land on which the dwelling is situated, the said land being in the same ownership
as the dwelling, as the Secretary shall designate
to be reasonably necessary for the enjoyment of
the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated.
(d) Little Cumberland Island; acquisition restrictions
(1) In order to provide an opportunity for the
establishment of a natural and scenic preserve
by voluntary private action of certain owners of
lands within the seashore, and notwithstanding
anything to the contrary herein contained, no
lands or interests in lands shall be acquired on
Little Cumberland Island without the consent of
the owner, for a period of one year from October
23, 1972, except as specifically otherwise provided herein.
(2) In the event that the owners of land on Little Cumberland Island enter into an irrevocable
trust or some other irrevocable agreement for
the preservation of the resources of Little Cumberland Island which, in the judgment of the
Secretary, assures the protection of the resources in a manner consistent with the purposes for which the seashore is established, the
authority of the Secretary to acquire such lands
shall be suspended for such time as the trust is
in effect and the lands are used and occupied in
accordance therewith.
(3) If, at any time during the one-year period
following October 23, 1972, the Secretary determines that any lands on Little Cumberland Island are threatened with development, or other
uses, inconsistent with the establishment or
continuation of the trust herein referred to,
then the Secretary may acquire such lands, or
interests therein, by any of the methods provided for in section 459i–1 of this title.
(Pub. L. 92–536, § 4, Oct. 23, 1972, 86 Stat. 1066.)
§ 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.
(Pub. L. 92–536, § 5, Oct. 23, 1972, 86 Stat. 1068.)
§ 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 sections 1, 2, 3, and 4 of this title, as amended
and supplemented, except that any other statutory authority available to the Secretary for the
conservation and management of natural resources may be utilized to the extent he finds
such authority will further the purposes of sections 459i to 459i–9 of this title.
(b) Preservation in primitive state; recreational
activities exception
Except for certain portions of the seashore
deemed to be especially adaptable for recreational uses, particularly swimming, boating,
fishing, hiking, horseback riding, and other recreational activities of similar nature, which
shall be developed for such uses as needed, the
seashore shall be permanently preserved in its
primitive state, and, except as provided in subsection (c) of this section, 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 1
prevailing, nor shall any road or causeway connecting Cumberland Island to the mainland be
constructed.
(c) Tours of the seashore
Notwithstanding subsection (b) of this section,
the Secretary may enter into not more than 3
concession contracts, as the Secretary determines appropriate, for the provision of tours for
visitors to the seashore that are consistent
with—
(1) sections 459i to 459i–9 of this title;
(2) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
(3) Public Law 97–250 (96 Stat. 709).
(Pub. L. 92–536, § 6, Oct. 23, 1972, 86 Stat. 1068;
Pub. L. 108–447, div. E, title I, § 145(b), Dec. 8,
2004, 118 Stat. 3073.)
REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (c)(2), 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.
Public Law 97–250, referred to in subsec. (c)(3), is Pub.
L. 97–250, Sept. 8, 1982, 96 Stat. 709, which enacted section 122a of this title, amended section 121 of this title,
1 So

in original. Probably should be ‘‘now’’.

§ 459i–6

TITLE 16—CONSERVATION

and enacted provisions set out as a note under section
121 of this title and listed in a table of Wilderness Areas
set out under section 1132 of this title. For complete
classification of this Act to the Code, see Tables.
AMENDMENTS
2004—Subsec. (b). Pub. L. 108–447, § 145(b)(1), inserted
‘‘, except as provided in subsection (c) of this section,’’
before ‘‘no development of the project’’.
Subsec. (c). Pub. L. 108–447, § 145(b)(2), added subsec.
(c).

§ 459i–6. State and local jurisdiction
Nothing in sections 459i to 459i–9 of this title
shall deprive the State of Georgia or any political subdivision thereof of its civil or criminal
jurisdiction over persons found, acts performed,
and offenses committed within the boundaries of
the seashore, or of its right to tax persons, corporations, franchises, or other non-Federal property on lands included therein.
(Pub. L. 92–536, § 7, Oct. 23, 1972, 86 Stat. 1068.)
§ 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 sections 459i to 459i–9 of
this title and the purpose of existing statutes
dealing with water and related land resource development.
(Pub. L. 92–536, § 8, Oct. 23, 1972, 86 Stat. 1068.)
§ 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.
(Pub. L. 92–536, § 9, Oct. 23, 1972, 86 Stat. 1068.)
§ 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.
(Pub. L. 92–536, § 10, Oct. 23, 1972, 86 Stat. 1068;
Pub. L. 95–625, title II, § 201(3), Nov. 10, 1978, 92
Stat. 3473.)
AMENDMENTS
1978—Pub. L.
‘‘$10,500,000’’.

95–625

substituted

‘‘$28,500,000’’

for

§ 459j. Canaveral National Seashore; establishment; boundary; boundary revisions; limitation on area
In order to preserve and protect the outstanding natural, scenic, scientific, ecologic, and his-

Page 546

toric 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.
(Pub. L. 93–626, § 1, Jan. 3, 1975, 88 Stat. 2121; Pub.
L. 103–437, § 6(a)(4), Nov. 2, 1994, 108 Stat. 4583.)
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives’’ for ‘‘Committees on Interior and Insular Affairs
of the United States Congress’’.

§ 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 sections 459j to 459j–8 of this title
that the Secretary shall have sole authority to
develop and improve those State owned lands
donated now and in the future in accordance
with the intent and purposes of sections 459j to

Page 547

TITLE 16—CONSERVATION

459j–8 of this title. Notwithstanding any other
provision of law, any federally owned property
within the boundaries of the seashore may, with
the concurrence of the agency having custody
thereof, be transferred without consideration to
the administrative jurisdiction of the Secretary
of the Interior and he may develop and administer such lands in a manner consistent with the
purposes of sections 459j to 459j–8 of this title. In
accepting lands transferred by the National
Aeronautics and Space Administration pursuant
to sections 459j to 459j–8 of this title the Secretary shall enter into a written cooperative
agreement with the Administrator to assure the
use of such lands in a manner which is deemed
consistent with the public safety and with the
needs of the space and defense programs of the
Nation: Provided, That no new construction or
development shall be permitted within the seashore, except for the construction of such facilities as the Secretary deems necessary for the
health and safety of the visiting public or for
the proper administration of the seashore: Provided further, That after January 3, 1975, the Secretary of the Interior, in cooperation with the
Administrator of the National Aeronautics and
Space Administration, shall submit to the Committees on Natural Resources and on Science,
Space, and Technology of the House of Representatives and to the Committees on Energy
and Natural Resources and on Commerce,
Science, and Transportation of the Senate a report of all land transfers made by the National
Aeronautics and Space Administration to the
Department of the Interior under sections 459j
to 459j–8 of this title.
(Pub. L. 93–626, § 2, Jan. 3, 1975, 88 Stat. 2122; Pub.
L. 103–437, § 6(o), Nov. 2, 1994, 108 Stat. 4586.)
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Natural Resources
and on Science, Space, and Technology of the House of
Representatives and to the Committees on Energy and
Natural Resources and on Commerce, Science, and
Transportation of the Senate’’ for ‘‘Interior and Insular
Affairs of the Congress and to the Committee on
Science and Astronautics of the House of Representatives and to the Committee on Aeronautical and Space
Sciences of the Senate’’.
CHANGE OF NAME
Committee on Science, Space, and Technology of
House of Representatives treated as referring to Committee on Science of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding
section 21 of Title 2. Committee on Science of House of
Representatives changed to Committee on Science and
Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
ADDITIONS TO SEASHORE
Pub. L. 100–564, §§ 1, 3, Oct. 31, 1988, 102 Stat. 2831, authorized and directed the Secretary of the Interior to
acquire certain lands depicted on a map entitled ‘‘Additions to Canaveral National Seashore’’, required the
Secretary to file the map with certain Congressional
committees, and authorized appropriations necessary
to carry out such acquisitions.

§ 459j–3

§ 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 sections 459j to
459j–8 of this title, and upon tender to the holder
of the right of an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination.
(c) ‘‘Improved property’’ defined
The term ‘‘improved property’’, as used in this
section shall mean a detached, noncommercial
residential dwelling, the construction of which
was begun before January 1, 1971 (hereafter referred to as ‘‘dwelling’’), together with so much
of the land on which the dwelling is situated,
the said land being in the same ownership as the
dwelling, as the Secretary shall designate to be
reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial
residential use, together with any structures,
necessary to the dwelling which are situated on
the land so designated.
(d) Condemnation as means for acquiring clear
and marketable title
Except as otherwise provided, the Secretary
shall have the authority to use condemnation as
a means of acquiring a clear and marketable
title, free of any and all encumbrances.
(Pub. L. 93–626, § 3, Jan. 3, 1975, 88 Stat. 2123.)
§ 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

§ 459j–4

TITLE 16—CONSERVATION

zones where, and establish periods when, no
hunting, fishing, or trapping shall be permitted
for reasons of public safety, administration, fish
and wildlife management, public use and enjoyment, protection of the resource, or competing
public use. Except in emergencies, any regulations prescribing any such restrictions shall be
put into effect only after consultation with the
appropriate State agency responsible for hunting, fishing, and trapping activities.
(Pub. L. 93–626, § 4, Jan. 3, 1975, 88 Stat. 2123.)
§ 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 sections 1, 2, 3, and 4 of this title, as amended
and supplemented, except that any other statutory authority available to the Secretary for the
conservation management of natural resources
may be utilized to the extent he finds such authority will further the purposes of sections 459j
to 459j–8 of this title.
(b) Administration of lands in Merritt Island National Wildlife Refuge
Notwithstanding any other provisions of sections 459j to 459j–8 of this title, lands and waters
in the Merritt Island National Wildlife Refuge as
described in subsection (c)(2) of this section
which are part of the seashore shall be administered for refuge purposes through the United
States Fish and Wildlife Service pursuant to the
National Wildlife Refuge System Administration Act, as amended (80 Stat. 926; 16 U.S.C.
668dd–668ee), except that the Secretary may utilize such additional authority as may be available to him for the conservation and management of wildlife and natural resources, the development of outdoor recreation opportunities,
and interpretive education as he deems appropriate, consistent with the preservation of natural and wildlife values.
(c) Division of management authority between
National Park Service and United States
Fish and Wildlife Service
The Secretary shall cause to be issued a well
defined division of management authority between the National Park Service and the United
States Fish and Wildlife Service. It is the intent
and purpose of sections 459j to 459j–8 of this title
that such management authority, generally,
shall be as follows:
(1) The National Park Service shall administer
those lands and waters described as follows: beginning at the intersection of State Highway 3
and State Road 402; thence easterly along State
Road 402 and continuing easterly in a straight
line to a point one-half mile offshore in the Atlantic Ocean, following the southern boundary
of the seashore created in section 1; thence
northwesterly along the boundary of the seashore created in section 1, which line is at each
point one-half mile distance from the high water
mark, to Bethune Beach; thence inland in a generally, westerly direction through Turner Flats
and Shipyard Canal; thence northwesterly to the
Intracoastal Waterway; thence southerly along

Page 548

the Intracoastal Waterway to the boundary of
the Kennedy Space Center; then southwesterly
to United States Highway 1; thence southerly
along State Highway 3 to the northern boundary
of H. M. Gomez Grant; thence easterly along the
northern boundary of H. M. Gomez Grant and
continuing easterly in a straight line to a point
of intersection with the line between the marsh
and the dunes; thence southerly along the line
between the marsh and the dunes to a point approximately one-half mile north of the southern
boundary of the seashore created in section 1;
thence westerly in a straight line to connect
with and to follow the Government Railroad to
its intersection with State Highway 3; thence
southerly along State Highway 3 to the point of
beginning. The portion of land bounded by the
northern boundary of the H. M. Gomez Grant is
hereby transferred to the Secretary of the Interior and may be used for the purpose of establishing such facilities as are needed for the administration of the seashore, for the construction of the principal visitor center which shall
be designated as the ‘‘Spessard L. Holland Visitor Center’’, and for a central access to the seashore: Provided, however, That the Secretary of
the Interior, upon the request of the Administrator of the National Aeronautics and Space
Administration, shall close this area or any part
thereof to the public when necessary for space
operations. In administering the shoreline and
adjacent lands the Secretary shall retain such
lands in their natural and primitive condition,
shall prohibit vehicular traffic on the beach except for administrative purposes, and shall develop only those facilities which he deems essential for public health and safety.
(2) The United States Fish and Wildlife Service shall administer the remaining lands described in section 459j of this title.
(Pub. L. 93–626, § 5, Jan. 3, 1975, 88 Stat. 2123.)
REFERENCES IN TEXT
The National Wildlife Refuge System Administration
Act, as amended, referred to in subsec. (b), consists of
sections 4 and 5 of Pub. L. 89–669, Oct. 15, 1966, 80 Stat.
927, as amended, and is classified to sections 668dd,
668ee of this title. For further details, see Short Title
note set out under section 668dd of this title.
CLOTHING-OPTIONAL AREAS PROHIBITED
Pub. L. 108–108, title I, § 126, Nov. 10, 2003, 117 Stat.
1269, provided that: ‘‘None of the funds made available
in this or any other Act for any fiscal year may be used
to designate, or to post any sign designating, any portion of Canaveral National Seashore in Brevard County, Florida, as a clothing-optional area or as an area in
which public nudity is permitted, if such designation
would be contrary to county ordinance.’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 108–7, div. F, title I, § 128, Feb. 20, 2003, 117
Stat. 242.
Pub. L. 107–63, title III, § 313, Nov. 5, 2001, 115 Stat. 467.
Pub. L. 106–291, title III, § 316, Oct. 11, 2000, 114 Stat.
989.
Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 317], Nov.
29, 1999, 113 Stat. 1535, 1501A–192.
Pub. L. 105–277, div. A, § 101(e) [title III, § 318], Oct. 21,
1998, 112 Stat. 2681–231, 2681–289.
Pub. L. 105–83, title III, § 328, Nov. 14, 1997, 111 Stat.
1600.

Page 549

TITLE 16—CONSERVATION

§ 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 sections 459j to
459j–8 of this title. The Commission shall terminate ten years after the date the seashore is established pursuant to sections 459j to 459j–8 of
this title, unless extended by the Congress. The
Commission shall be composed of six members
who shall serve for terms of two years. Members
shall be appointed by the Secretary, one of
whom he shall designate as Chairman, in the following manner:
(1) one member from each county in which
the seashore is located, to be selected from
recommendations made by the county commission in each county;
(2) two members representing the State of
Florida who shall be selected from recommendations made by the Governor of Florida;
and
(3) two members representing the general
public: Provided, That one member shall be appointed from each county in which the seashore is located.
(b) Meetings; vacancies
After the Secretary designates the member to
be Chairman, the Commission may meet as
often as necessary at the call of the Chairman or
of the Secretary, or upon petition of a majority
of the members of the Commission. Any vacancy
in the Commission shall be filled in the same
manner as the original appointment was made.
(c) Compensation; payment of expenses upon
vouchers
Members of the Commission shall serve without compensation, as such, but the Secretary
may pay, upon vouchers signed by the Chairman, the expenses reasonably incurred by the
Commission and its members in carrying out
their responsibilities under this section.
(Pub. L. 93–626, § 6, Jan. 3, 1975, 88 Stat. 2124; Pub.
L. 94–398, Sept. 4, 1976, 90 Stat. 1204.)
AMENDMENTS
1976—Subsec. (a). Pub. L. 94–398 substituted ‘‘six
members’’ for ‘‘five members’’ in introductory provisions and substituted ‘‘two’’ for ‘‘one’’ and inserted requirement relating to residency of each member in cl.
(3).

§ 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 459j–4(c)(1) of this title shall
be transferred by sections 459j to 459j–8 of this
title to the Secretary of the Interior and those

§ 459j–8

portions of the John F. Kennedy Space Center
falling within the boundaries of the seashore as
defined in section 459j of this title shall become
a part of the seashore, and within ninety days
thereafter, the Administrator, National Aeronautics and Space Administration, shall grant
to the Secretary for carrying out the intent and
purpose of sections 459j to 459j–8 of this title
such use of said portions as the Administrator
determines is not inconsistent with public safety and the needs of the space and defense programs of the Nation. Notwithstanding any other
provision of law, any lands within the seashore
which the Administrator determines to be excess to the needs of such agency shall be transferred to the Secretary of the Interior for administration in accordance with the provisions
of sections 459j to 459j–8 of this title: Provided,
That any portions of the John F. Kennedy Space
Center within the seashore not transferred to
the Secretary shall remain under the control
and jurisdiction of the Administrator.
(Pub. L. 93–626, § 7, Jan. 3, 1975, 88 Stat. 2125.)
§ 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.
(Pub. L. 93–626, § 8, Jan. 3, 1975, 88 Stat. 2125.)
§ 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 sections 459j to 459j–8 of this
title, but not more than $7,941,000 for the acquisition of lands and interests in lands. In order to
avoid excessive costs resulting from delays in
the acquisition program, the Secretary shall
make every reasonable effort to promptly acquire the privately owned lands within the seashore. Until all such lands are acquired, he shall
report, in writing on June 30 of each year to the
Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the House of Representatives, the following information:
(1) the amount of land acquired during the
current fiscal year and the amount expended
therefor;
(2) the amount of land remaining to be acquired; and
(3) the amount of land programed for acquisition in the ensuing fiscal year and the estimated cost thereof.
(b) Development of essential public facilities
For the development of essential public facilities there are authorized to be appropriated $2.6
million in addition to the sums previously appropriated.

§ 459r

TITLE 16—CONSERVATION

(Pub. L. 93–626, § 9, Jan. 3, 1975, 88 Stat. 2125; Pub.
L. 100–564, § 2, Oct. 31, 1988, 102 Stat. 2831; Pub. L.
103–437, § 6(m), Nov. 2, 1994, 108 Stat. 4586.)
AMENDMENTS
1994—Subsec. (a). Pub. L. 103–437, § 6(m)(1), in introductory provisions substituted ‘‘Committee on Energy
and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives’’ for ‘‘Committees on Interior and Insular Affairs
of the United States Congress’’.
Subsec. (b). Pub. L. 103–437, § 6(m)(2), struck out at
end ‘‘Within three years from January 3, 1975, the Secretary shall develop and transmit to the Committees
on Interior and Insular Affairs of the United States
Congress a final master plan for the full development of
the seashore consistent with the preservation objectives of sections 459j to 459j–8 of this title, indicating:
‘‘(1) the facilities needed to accommodate the
health, safety, and recreation needs of the visiting
public;
‘‘(2) the location and estimated cost of all facilities;
and
‘‘(3) the projected need for any additional facilities
within the seashore.’’
1988—Subsec. (b). Pub. L. 100–564 substituted ‘‘$2.6
million in addition to the sums previously appropriated’’ for ‘‘not more than $500,000’’.

SUBCHAPTER LXIV—RECREATIONAL
DEMONSTRATION PROJECTS
§ 459r. Disposition of recreational demonstration
projects
Except as provided in section 459s of this title,
the Secretary of the Interior is authorized, with
the approval of the President, to convey or lease
to the States or to the political subdivisions
thereof, without consideration, any or all of the
recreational demonstration projects and lands,
improvements, and equipment comprised within
such projects transferred to him by Executive
Order Numbered 7496, dated November 14, 1936,
or any parts of such projects, when in his judgment such grantees or lessees are adequately
prepared to administer, operate, and maintain
such project areas for public park, recreational,
and conservation purposes, or he may, with the
approval of the President, transfer to other Federal agencies any of the aforesaid recreational
demonstration areas that may be of use to such
agencies.
(June 6, 1942, ch. 380, § 1, 56 Stat. 326.)
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
section 715j of Title 15, Commerce and Trade.
SILVER CREEK PROJECT
Act July 30, 1947, ch. 351, 61 Stat. 519, provided: ‘‘That,
in order to carry out the purposes of the act of June 6,
1942 [56 Stat. 326; sections 459r to 459t of this title], relating to the disposition of recreational demonstration
areas, and to effectuate the transfer to the State of Oregon, pursuant to that act, of the Silver Creek recreational demonstration project, the following-described revested Oregon and California Railroad grant
lands shall hereafter be administered as a part of the
Silver Creek recreational demonstration project and
shall be subject to all of the provisions of the aforesaid
Act of June 6, 1942:
‘‘WILLAMETTE MERIDIAN
‘‘Township 8 south, range 1 east:

Page 550

‘‘Section 13, east half southeast quarter and
southeast quarter northeast quarter;
‘‘Section 25, all;
‘‘Section 35, north half northeast quarter northeast quarter and north half south half northeast
quarter northeast quarter;
‘‘Township 8 south, range 2 east:
‘‘Section 17, south half southwest quarter and
northwest quarter southwest quarter;
‘‘Section 19, lots 3, 4, and northeast quarter;
‘‘Section 29, west half; and
‘‘Section 31, north half;
comprising one thousand seven hundred and ninety-one
and ninety-three one-hundredths acres.
‘‘SEC. 2. The following-described lands also shall become a part of the Silver Creek recreational demonstration project and shall be subject to the provisions of the act of June 6, 1942, upon acquisition of title
thereto by the Oregon and California Revested Lands
Administration:
‘‘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
(48 Stat. 200) (title 15, sections 701 to 712), the Emergency Relief Appropriation Act of 1935 (49 Stat. 115),
and the Emergency Relief Appropriation Act of 1936
(Public, No. 739, 74th Congress), (title 15, ch. 16 note) I
hereby order as follows:
1. There is transferred from the Resettlement Administration to the Secretary of the Interior (a) all the real
and personal property or any interest therein, together
with all contracts, options, rights and interests, books,
papers, memoranda, records, etc., acquired by the Resettlement Administration in connection with the recreational demonstration projects set forth in the attached schedule with funds appropriated or made available to carry out the provisions of the National Industrial Recovery Act by the Fourth Deficiency Act, fiscal
year 1933 (48 Stat. 274, 275), and by the Emergency Appropriation Act, fiscal year 1935 (48 Stat. 1055), and with
funds appropriated by the Emergency Relief Appropriation Act of 1935 (49 Stat. 115), and by the Emergency
Relief Appropriation Act of 1936 (Public No. 739, 74th
Congress), (title 15, ch. 16 note) and (b) all personnel,
whether in the District of Columbia or elsewhere, now
employed in connection with the acquisition of land for
those recreational demonstration projects, together
with all administration personnel records pertaining to
the employees transferred, and to those employees engaged in development activities as of July 31, 1936, who
were released by the Resettlement Administration on
that date to permit the Department of the Interior to
enter them on its rolls as of August 1.
2. There is transferred and allocated to the Secretary
of the Interior all balances of appropriations heretofore
made available to or allotted for expenditure by the
Resettlement Administration both for acquiring land
for the recreational demonstration projects set forth in
the attached schedule and for developing those
projects, under the said National Industrial Recovery
Act, Fourth Deficiency Act, fiscal year 1933, Emergency
Appropriation Act, fiscal year 1935, Emergency Relief
Appropriation Act of 1935, and Emergency Relief Appropriation Act of 1936, to be used for the purposes for
which such funds were made available or allotted to the
Resettlement Administration. The Secretary of the Interior shall assume all outstanding obligations, com-

Page 551

§ 459s

TITLE 16—CONSERVATION

mitments, 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.
Schedule of Recreational Demonstration Projects
OP No.

RA No.

Name

65–11–24 ........
56–143 ...........
65–11–25 ........
56–144 ...........
65–25–340 ......
56–147 ...........
65–13–145 ......
56–183 ...........
65–23–3466 .....
56–232 ...........
65–23–3467 .....
56–233 ...........
65–23–3468 .....
56–234 ...........
65–23–3469 .....
56–235 ...........
65–23–3470 .....
56–236 ...........
65–16–365 ......
56–238 ...........
65–51–3019 .....
56–152 ...........
65–51–3020 .....
56–153 ...........
65–71–4637 .....
56–160 ...........
65–54–1683 .....
56–126 ...........
65–52–2067 .....
56–129 ...........
65–52–2068 .....
56–130 ...........
65–55–2838 .....
56–167 ...........
65–55–2839 .....
56–168 ...........
65–55–2840 .....
56–169 ...........
65–43–1491 .....
56–136 ...........
65–32–1133 .....
56–203 ...........
65–32–1134 .....

LD–ME–2 .....
LP–ME–2 .....
LD–ME–3 .....
LP–ME–3 .....
LD–MD–4 .....
LP–MD–4 .....
LD–NH–1 .....
LP–NH–1 ......
LD–PA–6 ......
LP–PA–6 ......
LD–PA–7 ......
LP–PA–7 ......
LD–PA–8 ......
LP–PA–8 ......
LD–PA–11 ....
LP–PA–11 ....
LD–PA–12 ....
LP–PA–12 ....
LD–RI–2 .......
LP–RI–2 .......
LD–MI–4 ......
LP–MI–4 ......
LD–MI–6 ......
LP–MI–6 ......
LD–MN–7 .....
LP–MN–7 .....
LD–IL–5 .......
LP–IL–5 .......
LD–IN–5 .......
LP–IN–5 .......
LD–IN–6 .......
LP–IN–6 .......
LD–MO–6 .....
LP–MO–6 .....
LD–MO–7 .....
LP–MO–7 .....
LD–MO–8 .....
LP–MO–8 .....
LD–KY–4 .....
LP–KY–4 ......
LD–NC–8 ......
LP–NC–8 ......
LD–NC–11 ....

56–204 ...........

LP–NC–11 ....

65–44–1315 .....
56–266 ...........
65–44–1316 .....
56–267 ...........
65–44–1317 .....
56–268 ...........
65–31–1155 .....
56–277 ...........
65–31–1156 .....
56–278 ...........
65–31–1158 .....
56–279 ...........
65–31–1516 .....
56–280 ...........
65–31–1157 .....
56–281 ...........
65–31–1159 .....
56–282 ...........
65–61–1184 .....
56–96 ............
65–34–3167 .....
56–120 ...........
65–34–3168 .....
56–121 ...........
65–34–3169 .....
56–122 ...........
65–33–1838 .....
56–243 ...........
65–33–1839 .....
56–244 ...........

LD–TN–11 ....
LP–TN–11 ....
LD–TN–12 ....
LP–TN–12 ....
LD–TN–13 ....
LP–TN–13 ....
LD–VA–5 .....
LP–VA–5 ......
LD–VA–6 .....
LP–VA–6 ......
LD–VA–7 .....
LP–VA–7 ......
LD–VA–8 .....
LP–VA–8 ......
LD–VA–9 .....
LP–VA–9 ......
LD–VA–13 ....
LP–VA–13 ....
LD–AL–11 ....
LP–AL–11 ....
LD–GA–9 .....
LP–GA–9 ......
LD–GA–11 ....
LP–GA–11 ....
LD–GA–12 ....
LP–GA–12 ....
LD–SC–7 ......
LP–SC–7 ......
LD–SC–8 ......
LP–SC–8 ......

Camden Hills
Camden Hills
Acadia
Acadia
Catoctin
Catoctin
Bear Brook
Bear Brook
Racoon Creek
Racoon Creek
French Creek
French Creek
Laurel Hill
Laurel Hill
Blue Knob
Blue Knob
Hickory Run
Hickory Run
Beach Pond
Beach Pond
Waterloo
Waterloo
Yankee Springs
Yankee Springs
St. Croix
St. Croix
Pere Marquette
Pere Marquette
Versailles
Versailles
Winemac
Winemac
Lake of the Ozarks
Lake of the Ozarks
Cuivre River
Cuivre River
Montserrat
Montserrat
Otter Creek
Otter Creek
Crabtree Creek
Crabtree Creek
Appalachian National Parkway
(Blue Ridge Parkway)
Appalachian National Parkway
(Blue Ridge Parkway)
Montgomery Bell
Montgomery Bell
Shelby Forest Park
Shelby Forest Park
Falls Creek Falls
Falls Creek Falls
Swift Creek
Swift Creek
Chopawamsic
Chopawamsic
Shenandoah National Park
Shenandoah National Park
Appalachian National Park
Appalachian National Park
Bull Run
Bull Run
Waysides
Waysides
Oak Mountain
Oak Mountain
Hard Labor Creek
Hard Labor Creek
Alex Stephens Memorial
Alex Stephens Memorial
Pine Mountain
Pine Mountain
Cheraw
Cheraw
Kings Mountain
Kings Mountain

Schedule of Recreational Demonstration Projects—
Continued
OP No.

RA No.

65–33–1840 .....
56–245 ...........
65–73–221 ......
56–216 ...........
65–74–1475 .....
56–259 ...........
65–74–1476 .....
56–260 ...........
65–65–695 ......
56–225 ...........
65–03–1801 .....
56–104 ...........
65–83–245 ......
56–297 ...........
65–94–677 ......
56–299 ...........
65–85–932 ......
56–197 ...........

LD–SC–12 .....
LP–SC–12 .....
LD–ND–12 ....
LP–ND–12 ....
LD–SD–14 ....
LP–SD–14 ....
LD–SD–15 ....
LP–SD–15 ....
LD–OK–9 ......
LP–OK–9 ......
LD–CF–5 ......
LP–CF–5 ......
LD–WY–2 .....
LP–WY–2 .....
LD–OR–4 ......
LP–OR–4 ......
LD–NM–14 ...
LP–NM–14 ....

Name
Waysides
Waysides
Roosevelt Park
Roosevelt Park
Badlands
Badlands
Custer Park
Custer Park
Lake Murray
Lake Murray
Mendocino Woodlands
Mendocino Woodlands
Lake Guernsey
Lake Guernsey
Silver Creek
Silver Creek
White Sands
White Sands

§ 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 projects shall
be added to and become a part of Acadia National Park, Hopewell Village National Historic
Site, Shenandoah National Park, and White
Sands National Monument, in the order named
above, subject to all laws, rules, and regulations
applicable to the respective areas to which such
recreational demonstration projects are added.
(June 6, 1942, ch. 380, § 2, 56 Stat. 327.)
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, 60 Stat. 655, provided: ‘‘That
the Secretary of the Interior is hereby authorized to
withdraw from the Hopewell Village National Historic
Site, Pennsylvania, all or any part of the lands added
to the Hopewell Village National Historic Site by the
act approved June 6, 1942, entitled ‘An Act to authorize
the disposition of recreational demonstration projects,
and for other purposes [sections 459r to 459t of this
title]’, which in his opinion are not required for historic-site purposes. Any lands so withdrawn shall revert to the status of a recreational demonstration
area.’’
SILVER CREEK RECREATIONAL DEMONSTRATION PROJECT
Act June 9, 1947, ch. 100, 61 Stat. 129, provided: ‘‘That
for the purpose of consolidating Federal holdings of
lands acquired for the Silver Creek recreational demonstration project, in the State of Oregon, the Secretary of the Interior is hereby authorized to exchange
any such lands for other lands of approximately equal
value when in his opinion such action is in the interest
of the United States, the title to any lands acquired
hereunder to be satisfactory to the Attorney General.
Upon the vesting of title thereto in the United States,
any lands acquired pursuant to this authorization shall
become a part of the Silver Creek recreational demonstration project, and shall be subject to the laws applicable thereto.
‘‘SEC. 2. Upon the conveyance of the Silver Creek recreational demonstration project to the State of Oregon,
or political subdivision thereof, pursuant to the Act of
June 6, 1942 (56 Stat. 326) [sections 459r to 459t of this
title], the Secretary of the Interior may authorize the
grantee to exchange or otherwise dispose of any lands
so conveyed in order to acquire other lands of approxi-

§ 459t

TITLE 16—CONSERVATION

mately equal value for the purpose of consolidating the
holdings of the grantee, the title to lands so acquired
to be satisfactory to the Attorney General. For the
aforesaid purpose the Secretary is authorized to execute a release, as to the particular lands involved, of
any condition providing for a reversion of title to the
United States, that may be contained in the conveyance by the United States to said grantee. No such release shall be executed, however, unless the grantee
shall agree, in form satisfactory to the Secretary, that
the lands to be acquired by it shall be subject to the
conditions contained in the original conveyance from
the United States, except that, in lieu of a provision for
reversion, the grantee shall agree to convey said lands
to the United States upon a finding by the Secretary in
accordance with the procedure provided in said Act of
June 6, 1942, that the grantee has not complied with
such conditions during a period of more than three
years. Lands so conveyed to the United States shall be
subject to administration or disposition in like manner
as recreational demonstration project lands that revert
to the United States under the terms of the aforesaid
Act.’’
CATOCTIN RECREATIONAL DEMONSTRATION AREA
Act Aug. 24, 1954, ch. 903, 68 Stat. 791, provided: ‘‘That
the Secretary of the Interior, for the purpose of consolidating Federal holdings of land acquired for the Catoctin recreational demonstration area, Frederick
County, Maryland, is hereby empowered, in his discretion, to obtain for the United States land and interests
in lands held in private ownership within the established watersheds and boundaries of said recreational
demonstration area by accepting from the owners of
such privately owned land complete relinquishment
thereof, and the Secretary may grant to such owners in
exchange therefor, in each instance, federally owned
lands of approximately equal value now a part of the
Catoctin recreational demonstration area, that he considers are not essential for the administration, control,
and operation of the aforesaid recreational demonstration area. Any land acquired by the United States pursuant to this authorization shall become a part of the
Catoctin recreational demonstration area upon the
vesting of title in the United States, and shall be subject to the laws applicable thereto.’’

§ 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
sections 459r to 459t of this title. Every such
deed or lease shall contain the express condition
that the grantee or lessee shall use the property
exclusively for public park, recreational, and
conservation purposes, and the further express
condition that the United States assumes no obligation for the maintenance or operation of the
property after the acceptance of such deed or
during the term of such lease, and may contain
such other conditions not inconsistent with such
express conditions as may be agreed upon by the
Secretary and the grantee or lessee: Provided,
That the title and right to possession of any
lands so conveyed or leased, together with the
improvements thereon, shall revert to the
United States upon a finding by the Secretary,
after notice to such grantee or lessee and after
an opportunity for a hearing, that the grantee
or lessee has not complied with such conditions
during a period of more than three years, which
finding shall be final and conclusive, and such
lands and improvements thereon, upon such reversion to the United States, shall be returned

Page 552

to the jurisdiction of the Department of the Interior and upon determination of the Secretary
may be considered as surplus real property to be
disposed of in accordance with section 1303 of
title 40.
(June 6, 1942, ch. 380, § 3, 56 Stat. 327.)
CODIFICATION
‘‘Section 1303 of title 40’’ substituted in text for ‘‘the
Act of August 27, 1935 (49 Stat. 885)’’ on authority of
Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the
first section of which enacted Title 40, Public Buildings, Property, and Works.

§ 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 sections 459r to 459t of this title,
the Secretary of the Interior may authorize any
such grantee to exchange or otherwise dispose of
any lands or interests in lands conveyed to it in
order to acquire other lands or interests therein
of approximately equal value.
For the aforesaid purpose, the Secretary is authorized to execute a release, as to the particular lands involved, of any condition providing
for a reversion of title to the United States, that
may be contained in the conveyance by the
United States to said grantee. No such release
shall be executed, however, unless the grantee
shall agree, in form satisfactory to the Secretary, that the lands to be acquired by it shall
be subject to the conditions contained in the
original conveyance from the United States, except that in lieu of a provision for reversion, the
grantee shall agree to convey said lands to the
United States upon a finding by the Secretary in
accordance with the procedure provided in said
sections, that the grantee has not complied with
such conditions during a period of more than
three years. Lands so conveyed to the United
States shall be subject to administration or disposition in like manner as recreational demonstration project lands that revert to the
United States under the terms of the aforesaid
sections.
(Aug. 3, 1950, ch. 522, 64 Stat. 399.)
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 Governmentowned lands would otherwise be isolated, or
where topographic conditions or scenic requirements are such that bridges, ditches, cuts, fills,

Page 553

§ 460–1

TITLE 16—CONSERVATION

parking overlooks, and landscape development
could not reasonably be confined to a width of
two hundred feet, the said maximum may be increased to such width as may be necessary, with
the written approval of the department or agency having jurisdiction over such lands) as designated on maps heretofore or hereafter approved by the Secretary of the Interior, shall be
known as the Natchez Trace Parkway and shall
be administered and maintained by the Secretary of the Interior through the National Park
Service, subject to the provisions of sections 1,
2, 3, and 4 of this title, the provisions of which
sections, as amended and supplemented, are extended over and made applicable to said parkway: Provided, That the Secretary of Agriculture
is authorized, with the concurrence of the Secretary of the Interior, to connect with said parkway such roads and trails as may be necessary
for the protection, administration, or utilization
of adjacent and nearby national forests and the
resources thereof: And provided further, That the
Forest Service and the National Park Service
shall, insofar as practicable, coordinate and correlate such recreational developments as each
may plan, construct, or permit to be constructed, on lands within their respective jurisdictions, which, by mutual agreement, should be
given special treatment for recreational purposes.
(May 18, 1938, ch. 251, § 1, 52 Stat. 407.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
Functions of Administrator of General Services
transferred to Secretary of Commerce by Reorg. Plan
No. 7 of 1949, § 2, eff. Aug. 20, 1949, 14 F.R. 5228, 63 Stat.
1070, set out in the Appendix to Title 5.
Functions, powers, and duties of Secretary of Commerce and other officers and offices of Department of
Commerce relating generally to highways under Reorg.
Plan No. 7 of 1949 transferred to and vested in Secretary of Transportation by Pub. L. 89–670, § 6(a)(1)(M),
Oct. 15, 1966, 80 Stat. 938. Reorg. Plan No. 7 of 1949 was
amended by section 2(b) of Pub. L. 97–449, Jan. 12, 1983,
96 Stat. 2439, to reflect such transfer.
Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works
Administrator transferred to Administrator of General
Services by section 103(a) of act June 30, 1949, ch. 288,
title I, 63 Stat. 380. Both Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act. See Historical and Revision
Notes under section 303(b) of Title 40, Public Buildings,
Property, and Works. Section 303(b) of Title 40 was
amended generally by Pub. L. 109–313, § 2(a)(1), Oct. 6,
2006, 120 Stat. 1734, and, as so amended, no longer relates to the Federal Works Agency and Commissioner
of Public Buildings. See 2006 Amendment note under
section 303 of Title 40.
EFFECTIVE DATE OF TRANSFER OF FUNCTIONS
Transfer of functions by act June 30, 1949, as effective
July 1, 1949, see section 605, formerly § 505, of act June
30, 1949, ch. 288, 63 Stat. 403; renumbered by act Sept. 5,
1950, ch. 849, § 6(a), (b), 64 Stat. 583.

‘‘SECTION 1. DEFINITIONS.
‘‘In this Act:
‘‘(1) PARKWAY.—The term ‘Parkway’ means the
Natchez Trace Parkway, Mississippi.
‘‘(2) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘SEC. 2. BOUNDARY ADJUSTMENT AND LAND ACQUISITION.
‘‘(a) IN GENERAL.—The Secretary shall adjust the
boundary of the Parkway to include approximately—
‘‘(1) 150 acres of land, as generally depicted on the
map entitled ‘Alternative Alignments/Area’, numbered 604–20062A and dated May 1998; and
‘‘(2) 80 acres of land, as generally depicted on the
map entitled ‘Emerald Mound Development Concept
Plan’, numbered 604–20042E and dated August 1987.
‘‘(b) MAPS.—The maps referred to in subsection (a)
shall be on file and available for public inspection in
the office of the Director of the National Park Service.
‘‘(c) ACQUISITION.—The Secretary may acquire the
land described in subsection (a) by donation, purchase
with donated or appropriated funds, or exchange (including exchange with the State of Mississippi, local
governments, and private persons).
‘‘(d) ADMINISTRATION.—Land acquired under this section shall be administered by the Secretary as part of
the Parkway.
‘‘SEC. 3. AUTHORIZATION OF LEASING.
‘‘The Secretary, acting through the Superintendent
of the Parkway, may lease land within the boundary of
the Parkway to the city of Natchez, Mississippi, for
any purpose compatible with the Parkway.
‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as are necessary to carry out this Act.’’
RELOCATION OF PORTIONS OF PARKWAY
Pub. L. 85–746, Aug. 25, 1958, 72 Stat. 839, provided:
‘‘That the Secretary of the Interior is authorized to
enter into an agreement with the Pearl River Valley
Water Supply District which shall provide for the district, upon terms and conditions which the Secretary
determines are in the public interest, to relocate those
portions of sections 3–O and 3–N of the Natchez Trace
Parkway in Madison County, Mississippi, required in
connection with the Pearl River Reservoir.
‘‘SEC. 2. To cooperate in the relocation, the Secretary
of the Interior is authorized to transfer to the Pearl
River Valley Water Supply District the aforesaid portions of the existing Natchez Trace Parkway lands and
roadway in exchange for the contemporaneous transfer
to the United States of relocated parkway lands and
roadway situated and constructed in accordance with
the terms and conditions of the agreement authorized
by the first section of this Act: Provided, That such exchange shall be made on the basis of approximately
equal values.
‘‘SEC. 3. The Secretary of the Interior is authorized to
accept and to use until expended without additional authority any funds provided by the district for the purpose of this Act pursuant to agreement with the Secretary of the Interior, and any such funds shall be
placed in a separate account in the Treasury which
shall be available for such purpose.’’
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,
54 Stat. 1227.

ADJUSTMENT OF BOUNDARY OF PARKWAY

§ 460–1. Inclusion of Ackia Battleground National
Monument and Meriwether Lewis National
Monument

Pub. L. 106–527, Nov. 22, 2000, 114 Stat. 2515, provided
that:

To facilitate the administration of two areas
of the national park system, known as Ackia

§ 460a

TITLE 16—CONSERVATION

Battleground National Monument, Mississippi,
and Meriwether Lewis National Monument, Tennessee, those areas are included in the Natchez
Trace Parkway, which they adjoin; and they
shall be administered as a part of the parkway.
In order to provide continued recognition of the
significance of these portions of the parkway,
the Secretary of the Interior shall provide them
with appropriate designations in accordance
with the historical events which occurred on
them.
(Pub. L. 87–131, Aug. 10, 1961, 75 Stat. 335.)
§ 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-ofway over, across, and upon parkway lands, or for
the use of parkway lands by the owners or lessees of adjacent lands, for such purposes and
under such nondiscriminatory terms, regulations, and conditions as he may determine to be
not inconsistent with the use of such lands for
parkway purposes.
(May 18, 1938, ch. 251, § 2, 52 Stat. 408.)
§ 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, 54 Stat. 250.)
§ 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

Page 554

through the National Park Service, subject to
the provisions of sections 1, 2, 3, and 4 of this
title, the provisions of which sections, as
amended and supplemented, are extended over
and made applicable to said parkway: Provided,
That the Secretary of Agriculture is authorized,
with the concurrence of the Secretary of the Interior, to connect with the parkway such roads
and trails as may be necessary for the protection, administration, or utilization of adjacent
and nearby national forests and the resources
thereof: And provided further, That the Forest
Service and the National Park Service shall, insofar as practicable, coordinate and correlate
such recreational development as each may
plan, construct, or permit to be constructed, on
lands within their respective jurisdictions
which, by mutual agreement, should be given
special treatment for recreational purposes.
(June 30, 1936, ch. 883, § 1, 49 Stat. 2041; June 8,
1940, ch. 277, 54 Stat. 249.)
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
Functions of Administrator of General Services
transferred to Secretary of Commerce by Reorg. Plan
No. 7 of 1949, § 2, eff. Aug. 20, 1949, 14 F.R. 5228, 63 Stat.
1070, set out in the Appendix to Title 5.
Functions, powers, and duties of Secretary of Commerce and other officers and offices of Department of
Commerce relating generally to highways under Reorg.
Plan No. 7 of 1949 transferred to and vested in Secretary of Transportation by Pub. L. 89–670, § 6(a)(1)(M),
Oct. 15, 1966, 80 Stat. 938. Reorg. Plan No. 7 of 1949 was
amended by section 2(b) of Pub. L. 97–449, Jan. 12, 1983,
96 Stat. 2439, to reflect such transfer.
Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works
Administrator transferred to Administrator of General
Services by section 103(a) of act June 30, 1949, ch. 288,
title I, 63 Stat. 380. Both Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act. See Historical and Revision
Notes under section 303(b) of Title 40, Public Buildings,
Property, and Works. Section 303(b) of Title 40 was
amended generally by Pub. L. 109–313, § 2(a)(1), Oct. 6,
2006, 120 Stat. 1734, and, as so amended, no longer relates to the Federal Works Agency and Commissioner
of Public Buildings. See 2006 Amendment note under
section 303 of Title 40.
EFFECTIVE DATE OF TRANSFER OF FUNCTIONS
Transfer of functions by act June 30, 1949, as effective
July 1, 1949, see section 605, formerly § 505, of act June
30, 1949, ch. 288, 63 Stat. 403; renumbered by act Sept. 5,
1950, ch. 849, § 6(a), (b), 64 Stat. 583.

§ 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

Page 555

TITLE 16—CONSERVATION

nondiscriminatory terms, regulations, and conditions as he may determine to be not inconsistent with the use of such lands for parkway purposes.
(June 30, 1936, ch. 883, § 2, as added June 8, 1940,
ch. 277, 54 Stat. 250.)
§ 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 (36 Stat. 961), as amended.
(May 13, 1952, ch. 263, 66 Stat. 69.)
REFERENCES IN TEXT
The Weeks Law of March 1, 1911 (36 Stat. 961), as
amended, referred to in text, is act Mar. 1, 1911, ch. 186,
36 Stat. 961, as amended, which is classified to sections
480, 500, 513 to 519, 521, 552 and 563 of this title. For complete classification of this Act to the Code, see Short
title note set out under section 552 of this title and
Tables.

§ 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.
(Pub. L. 87–76, June 30, 1961, 75 Stat. 196.)
BLUE RIDGE PARKWAY AND TOWN OF BLOWING ROCK
LAND EXCHANGE
Pub. L. 111–167, May 24, 2010, 124 Stat. 1188, known as
the Blue Ridge Parkway and Town of Blowing Rock
Land Exchange Act of 2009, provided for land exchange
between the National Park Service and the Town of
Blowing Rock, North Carolina, by requiring the Secretary of the Interior to exchange approximately 20
acres of land within the boundary of the Blue Ridge
Parkway, known as Blowing Rock Reservoir, for approximately 192 acres of land owned by the Town,
known as Town of Blowing Rock Exchange Lands, not
later than three years after May 24, 2010, and subject to
applicable laws and certain terms and conditions and to
equalization of land values, adjustment of the boundary
of the Blue Ridge Parkway, administration of lands acquired by the Secretary, and future disposition of the
reservoir property.
LAND EXCHANGE IN GREAT SMOKY MOUNTAINS
NATIONAL PARK
Pub. L. 108–108, title I, § 138, Nov. 10, 2003, 117 Stat.
1271, known as the Eastern Band of Cherokee Indians

§ 460a–7

Land Exchange Act of 2003, provided for land exchange
between National Park Service and Eastern Band of
Cherokee Indians, by directing Secretary of the Interior to exchange the Ravensford tract, in the Great
Smoky Mountains National Park and the Blue Ridge
Parkway, for the Yellow Face tract adjacent to the
Waterrock Knob Visitor Center on the Blue Ridge
Parkway; stated congressional findings and purposes
for such land exchange; contained descriptions and provision relating to treatment of exchanged lands; set
forth implementation process; and prohibited gaming
on the Ravensford tract.

§ 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.
(Pub. L. 90–555, § 1, Oct. 9, 1968, 82 Stat. 967.)
§ 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 CarolinaGeorgia extension of the Blue Ridge Parkway,
made pursuant to the Act of August 10, 1961 (75
Stat. 337)—
(1) The Secretary of the Interior and the
Secretary of Agriculture shall, insofar as prac-

§ 460a–8

TITLE 16—CONSERVATION

ticable, coordinate and correlate recreational
development on lands within the parkway and
adjacent or related national forests land: Provided, That within national forest boundaries
recreational developments and facilities on
Federal lands other than those actually within
the national parkway shall be administered by
the Secretary of Agriculture;
(2) Upon the request of the Secretary of Agriculture, the Secretary of the Interior shall
relocate and reconstruct any national forest
roads that may be disturbed by the parkway
extension, or provide alternative roads that
are necessary to the protection, administration, or utilization of the national forests, and
shall allow access to areas to be developed by
the Secretary of Agriculture on adjacent national forest lands unless to do so will materially impair the primary purposes of the parkway;
(3) The Secretary of the Interior may relocate and reconstruct portions of the Appalachian Trail, including trail shelters, that may be
disturbed by the parkway extension and such
relocation and reconstruction may be performed (A) on non-Federal lands when the Appalachian Trail Conference obtains the consent of the owner to the use of the lands for
the purpose and agrees to assume maintenance
thereof, and (B) upon national forest lands
with the approval of the Secretary of Agriculture.
(Pub. L. 90–555, § 2, Oct. 9, 1968, 82 Stat. 968.)
REFERENCES IN TEXT
Act of August 10, 1961, referred to in text, is Pub. L.
87–135, Aug. 10, 1961, 75 Stat. 337, which was not classified to the Code.

§ 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.
(Pub. L. 90–555, § 3, Oct. 9, 1968, 82 Stat. 968.)
§ 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 section 460a–4 of this title.
(Pub. L. 90–555, § 4, Oct. 9, 1968, 82 Stat. 968.)
§ 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.

Page 556

(Pub. L. 90–555, § 5, Oct. 9, 1968, 82 Stat. 968.)
§ 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.
(Pub. L. 90–555, § 6, Oct. 9, 1968, 82 Stat. 968.)
§§ 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, 49 Stat.
1520; June 8, 1938, ch. 328, § 8, 52 Stat. 635; Sept. 5, 1940,
ch. 715, § 9, 54 Stat. 870, related to determination of location of parkways upon public lands, national forests,
or other Federal reservations.
Section 460c, act Sept. 7, 1950, ch. 912, § 4(b), 64 Stat.
787, related to administration of parkway appropriations.

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 federally recognized Indian tribes and Federal, State, or local governmental agencies, and licenses or leases where
appropriate, may be granted without monetary
considerations, to such Indian tribes or 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 federally recognized Indian tribe 1
Federal, State, or local governmental agency
1 So

in original.

Page 557

§ 460d

TITLE 16—CONSERVATION

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 exit from such
areas along the shores of such projects shall be
maintained for general public use, when such
use is determined by the Secretary of the Army
not to be contrary to the public interest, all
under such rules and regulations as the Secretary of the Army may deem necessary, including but not limited to prohibitions of dumping
and unauthorized disposal in any manner of
refuse, garbage, rubbish, trash, debris, or litter
of any kind at such water resource development
projects, either into the waters of such projects
or onto any land federally owned and administered by the Chief of Engineers. Any violation of
such rules and regulations shall be punished by
a fine of not more than $500 or imprisonment for
not more than six months, or both. Any persons
charged with the violation of such rules and regulations may be tried and sentenced in accordance with the provisions of section 3401 of title
18. All persons designated by the Chief of Engineers for that purpose shall have the authority
to issue a citation for violation of the regulations adopted by the Secretary of the Army, requiring the appearance of any person charged
with violation to appear before the United
States magistrate judge, within whose jurisdiction the water resource development project is
located, for trial; and upon sworn information of
any competent person any United States magistrate judge in the proper jurisdiction shall
issue process for the arrest of any person
charged with the violation of said regulations;
but nothing herein contained shall be construed
as preventing the arrest by any officer of the
United States, without process, of any person
taken in the act of violating said regulations.
No use of any area to which this section applies
shall be permitted which is inconsistent with
the laws for the protection of fish and game of
the State in which such area is situated. All
moneys received by the United States for leases
or privileges shall be deposited in the Treasury
of the United States as miscellaneous receipts.
(Dec. 22, 1944, ch. 665, § 4, 58 Stat. 889; July 24,
1946, ch. 596, § 4, 60 Stat. 642; July 26, 1947, ch. 343,
title II, § 205(a), 61 Stat. 501; Sept. 3, 1954, ch.
1264, title II, § 209, 68 Stat. 1266; Pub. L. 87–874,
title II, § 207, Oct. 23, 1962, 76 Stat. 1195; Pub. L.
88–578, § 2(a), Sept. 3, 1964, 78 Stat. 899; Pub. L.
91–611, title II, § 234, Dec. 31, 1970, 84 Stat. 1833;
Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104
Stat. 5117; Pub. L. 110–114, title II, § 2026, Nov. 8,
2007, 121 Stat. 1079.)

AMENDMENTS
2007—Pub. L. 110–114 inserted ‘‘federally recognized
Indian tribes and’’ before ‘‘Federal’’ and ‘‘Indian tribes
or’’ after ‘‘considerations, to such’’ in second proviso
and ‘‘federally recognized Indian tribe’’ after ‘‘That in
any such lease or license to a’’ in third proviso.
1970—Pub. L. 91–611 provided that the rules and regulations should include but not be limited to prohibitions of dumping and unauthorized disposal of refuse,
garbage, rubbish, trash, debris, or litter of any kind at
water resource development projects, prescribed penalty for violation of the rules and regulations, provided
for trial and sentence in accordance with section 3401 of
title 18, authorized issuance of citation for violation of
the regulations, provided for issuance of process for arrest of any violators, and recognized the authority of
Federal officer without process of arrest any person
taken in act of violating the regulations.
1964—Pub. L. 88–578 struck out ‘‘, without charge,’’
after ‘‘The water areas of all such projects shall be
open to public use generally’’.
1962—Pub. L. 87–874 substituted references to water
resource development projects for references to reservoir areas wherever appearing, and authorized the
Chief of Engineers to permit the construction, maintenance, and operation of facilities by local interests.
1954—Act Sept. 3, 1954, amended section generally,
and, among other changes, inserted ‘‘for park or recreational purposes’’ in first proviso, inserted ‘‘or leases
where appropriate’’ in second proviso, and inserted
third proviso permitting lessees and licensees to cut
timber and harvest crop in certain cases and containing
provisions with respect to the collection, utilization,
and disposition of the proceeds from the sale of timber
and crops.
1946—Act July 24, 1946, inserted first proviso dealing
with leases to nonprofit organizations.
CHANGE OF NAME
‘‘United States magistrate judge’’ substituted for
‘‘United States magistrate’’ wherever appearing in text
pursuant to section 321 of Pub. L. 101–650, set out as a
note under section 631 of Title 28, Judiciary and Judicial Procedure.
Department of War designated Department of the
Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of Act July
26, 1947, was repealed by section 53 of Act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of Act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88–578 effective Jan. 1, 1965,
see section 1(a) of Pub. L. 88–578, set out in part as an
Effective Date note under section 460l–4 of this title.
RECREATION POLICY
Pub. L. 104–303, title II, § 208(a), Oct. 12, 1996, 110 Stat.
3680, provided that:
‘‘(1) IN GENERAL.—The Secretary shall provide increased emphasis on, and opportunities for recreation
at, water resources projects operated, maintained, or
constructed by the Corps of Engineers.
‘‘(2) REPORT.—Not later than 2 years after the date of
the enactment of this Act [Oct. 12, 1996], the Secretary
shall transmit to Congress a report on specific measures taken to implement this subsection.’’
CABIN SITE LEASES
Pub. L. 99–662, title XI, § 1134(a)–(c), Nov. 17, 1986, 100
Stat. 4250, provided that:
‘‘(a) On and after December 31, 1989, the Secretary
shall continue in effect any lease or assignment thereof
to which this section applies, until such time as such

§ 460d–1

TITLE 16—CONSERVATION

lease is terminated by the leaseholder, any successors
or assigns of the leaseholder, or by the Secretary under
subsection (b) of this section. Any such continuation
beyond the date of expiration of such lease as in effect
on December 31, 1989, shall be at fair market rentals
and on such other reasonable terms and conditions not
inconsistent with this section as the Secretary deems
necessary. No continuation shall be made beyond such
date unless the leaseholder agrees (1) to hold the
United States harmless from any claim for damages or
injury to persons or property arising from occupancy of
or through the use of the property subject to such
lease, and (2) to not unreasonably expand existing improvements.
‘‘(b)(1) On and after December 31, 1989, the Secretary
and any other officer or employee of the United States
shall not terminate a lease to which this section applies, except as provided in paragraph (2) of this subsection.
‘‘(2) On and after December 31, 1989, the Secretary
may terminate a lease to which this section applies
only if—
‘‘(A) the property covered by the lease is needed for
immediate use for public park purposes or other higher public use or for a navigation or flood control
project; or
‘‘(B) the leaseholder substantially violates a provision of such lease.
‘‘(c) Subsections (a) and (b) of this section apply to (1)
any cottage site lease of property, which lease was entered into by the Secretary of the Army pursuant to
section 4 of the Act entitled ‘An Act authorizing the
construction of certain public works on rivers and harbors for flood control, and for other purposes’, approved
December 22, 1944 (58 Stat. 889; 16 U.S.C. 460d), and is in
effect on December 31, 1989, and (2) any assignment of
such a lease.’’
PROHIBITION ON ORDERS TO REMOVE HOUSEBOATS, ETC.,
FROM RESERVOIRS OR PROJECTS ADMINISTERED BY
SECRETARY OF THE ARMY
Pub. L. 99–662, title XI, § 1134(d), Nov. 17, 1986, 100
Stat. 4251, as amended by Pub. L. 101–640, title III, § 320,
Nov. 28, 1990, 104 Stat. 4643, provided that: ‘‘On and after
December 31, 1989, no houseboat, boathouse, floating
cabin, sleeping facilities at marinas, or lawfully installed dock or cabin or trailer and appurtenant structures shall be required to be removed from any Federal
water resources reservoir or lake project administered
by the Secretary on which it was located on the date of
enactment of this Act [Nov. 17, 1986], if (1) such property is maintained in usable and safe condition, (2) such
property does not occasion a threat to life or property,
and (3) the holder of the lease, permit, or license is in
substantial compliance with the existing lease or license, except where necessary for immediate use for
public purposes or other higher public use or for a navigation or flood control project.’’
Pub. L. 97–140, § 6, Dec. 29, 1981, 95 Stat. 1718, provided
that: ‘‘Notwithstanding any other provision of law, no
houseboat, floating cabin, marina (including any with
sleeping facilities), or lawfully installed dock or cabin
and appurtenant structures shall be required to be removed before December 31, 1989, from any Federal
water resources reservoir or lake project administered
by the Secretary of the Army, acting through the Chief
of Engineers, on which it was located on the date of enactment of this Act [Dec. 29, 1981], if such property is
maintained in usable condition, and, in the judgment of
the Chief of Engineers, does not occasion a threat to
life or property.’’
Similar provisions were contained in Pub. L. 97–128,
§ 8, Dec. 29, 1981, 95 Stat. 1685.
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

Page 558

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
1303 of Title 43, Public Lands.

§ 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.
(Pub. L. 87–236, Sept. 14, 1961, 75 Stat. 509; Pub.
L. 89–298, title II, § 215, Oct. 27, 1965, 79 Stat.
1088.)
AMENDMENTS
1965—Pub. L. 89–298 struck out ‘‘before November 1,
1956’’ after ‘‘lease entered into’’.

§ 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.
(Pub. L. 87–411, Mar. 3, 1962, 76 Stat. 20.)
§ 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.

Page 559

TITLE 16—CONSERVATION

(b) Fees for use of developed recreation sites and
facilities
(1) Establishment and collection
Notwithstanding section 460l–6a(b) 1 of this
title, the Secretary of the Army is authorized,
subject to paragraphs (2) and (3), to establish
and collect fees for the use of developed recreation sites and facilities, including campsites,
swimming beaches, and boat launching ramps
but excluding a site or facility which includes
only a boat launch ramp and a courtesy dock.
(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 section
460l–6a(i) of this title and, subject to the availability of appropriations, shall be used for the
purposes specified in section 460l–6a(i)(3) 1 of
this title at the water resources development
project at which the fees were collected.
(Pub. L. 90–483, title II, § 210, Aug. 13, 1968, 82
Stat. 746; Pub. L. 103–66, title V, § 5001(a), Aug.
10, 1993, 107 Stat. 378; Pub. L. 104–303, title II,
§ 208(b)(1), Oct. 12, 1996, 110 Stat. 3680.)
REFERENCES IN TEXT
Subsections (b) and (i)(3) of section 460l–6a of this
title, referred to in subsec. (b)(1), (4), were repealed by
Pub. L. 108–447, div. J, title VIII, § 813(a), Dec. 8, 2004,
118 Stat. 3390, as amended by Pub. L. 109–54, title I,
§ 132(a), Aug. 2, 2005, 119 Stat. 526.
AMENDMENTS
1996—Subsec. (b)(4). Pub. L. 104–303 inserted before period at end ‘‘and, subject to the availability of appropriations, shall be used for the purposes specified in
section 460l–6a(i)(3) of this title at the water resources
development project at which the fees were collected’’.
1993—Pub. L. 103–66 inserted section catchline, struck
out second sentence, designated remaining text as subsec. (a) and inserted heading, and added subsec. (b).
Prior to amendment, second sentence read as follows:
‘‘User fees at these lakes and reservoirs shall be collected by officers and employees of the United States
only from users of highly developed facilities requiring
continuous presence of personnel for maintenance and
1 See

References in Text note below.

§ 460e

supervision of the facilities, and shall not be collected
for access to or use of water areas, undeveloped or
lightly developed shoreland, picnic grounds, overlook
sites, scenic drives, or boat launching ramps where no
mechanical or hydraulic equipment is provided.’’
ALTERNATIVE TO ANNUAL PASSES
Section 208(c) of Pub. L. 104–303, as amended by Pub.
L. 106–53, title II, § 218, Aug. 17, 1999, 113 Stat. 294, provided that:
‘‘(1) IN GENERAL.—The Secretary shall evaluate the
feasibility of implementing an alternative to the $25
annual pass that the Secretary currently offers to users
of recreation facilities at water resources projects of
the Corps of Engineers.
‘‘(2) ANNUAL PASS.—The evaluation under paragraph
(1) shall include the establishment on a test basis of an
annual pass that costs $10 or less for the use of recreation facilities, including facilities at Raystown Lake,
Pennsylvania.
‘‘(3) REPORT.—Not later than December 31, 1999, the
Secretary shall transmit to Congress a report on the
results of the evaluation carried out under this subsection, together with recommendations concerning
whether annual passes for individual projects should be
offered on a nationwide basis.
‘‘(4) EXPIRATION OF AUTHORITY.—The authority to establish an annual pass under paragraph (2) shall expire
on the [sic] December 31, 2003.’’

§ 460d–3a. Contracts to provide visitor reservation services
The Secretary of the Army may, under such
terms and conditions as the Secretary deems appropriate, contract with any public or private
entity to provide visitor reservation services.
Any such contract in effect on or after October
1, 2004, may provide that the contractor shall be
permitted to deduct a commission to be fixed by
the Secretary from the amount charged the public for providing such services and to remit the
net proceeds therefrom to the contracting agency.
(Pub. L. 110–161, div. C, title I, § 121, Dec. 26, 2007,
121 Stat. 1946.)
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 section 460f of this title, or the
termination or expiration date of such lease,
whichever is later, and the lessee shall have the
right during such period to purchase any lands
leased to him which the Secretary determines
are available for sale.

§ 460f

TITLE 16—CONSERVATION

(Aug. 6, 1956, ch. 987, § 1, 70 Stat. 1065.)
§ 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, 70 Stat. 1065.)
§ 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

Page 560

for roadway purposes the same shall immediately revert to and vest in the United States.
(Aug. 6, 1956, ch. 987, § 3, 70 Stat. 1065.)
§ 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, 70 Stat. 1066.)
§ 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, 70 Stat. 1066.)
§ 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, 70 Stat. 1066.)
SUBCHAPTER LXVIII—NATIONAL
CONSERVATION RECREATIONAL AREAS
§ 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

Page 561

§ 460k–4

TITLE 16—CONSERVATION

use within individual areas or in portions thereof whenever he considers such action to be necessary: And provided further, That none of the
aforesaid refuges, hatcheries, game ranges, and
other conservation areas shall be used during
any fiscal year for those forms of recreation
that are not directly related to the primary purposes and functions of the individual areas until
the Secretary shall have determined—
(a) that such recreational use will not interfere with the primary purposes for which the
areas were established, and
(b) that funds are available for the development, operation, and maintenance of these
permitted forms of recreation. This section
shall not be construed to repeal or amend previous enactments relating to particular areas.
(Pub. L. 87–714, § 1, Sept. 28, 1962, 76 Stat. 653;
Pub. L. 89–669, § 9, Oct. 15, 1966, 80 Stat. 930.)
AMENDMENTS
1966—Pub. L. 89–669 substituted ‘‘areas within the National Wildlife Refuge System’’ for ‘‘national wildlife
refuges, game ranges’’ in introductory text.
SHORT TITLE
Pub. L. 87–714, which enacted this subchapter, is popularly known as the ‘‘Refuge Recreation Act’’.

§ 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 section 1533 of this title, or
(4) carrying out two or more of the purposes
set forth in paragraphs (1) through (3) of this
section, and are adjacent to, or within, the
said conservation areas, except that the acquisition of any land or interest therein pursuant
to this section shall be accomplished only
with such funds as may be appropriated therefor by the Congress or donated for such purposes, but such property shall not be acquired
with funds obtained from the sale of Federal
migratory bird hunting stamps.
Lands acquired pursuant to this section shall become a part of the particular conservation area
to which they are adjacent.
(Pub. L. 87–714, § 2, Sept. 28, 1962, 76 Stat. 653;
Pub. L. 92–534, Oct. 23, 1972, 86 Stat. 1063; Pub. L.
93–205, § 13(d), Dec. 28, 1973, 87 Stat. 902.)
AMENDMENTS
1973—Pub. L. 93–205 inserted references to the acquisition of interest in land the conservation of endangered
species or threatened species listed by the Secretary
pursuant to section 1533 of this title.
1972—Pub. L. 92–534 substituted provisions authorizing the Secretary to acquire lands suitable for fish and
wildlife oriented recreational development, or for the
protection of natural resources and adjacent to conservation areas, for provisions authorizing the Secretary to acquire limited areas of land for recreational
development adjacent to conservation areas in existence or approved by the Migratory Bird Conservation
Commission as of September 28, 1962.

EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93–205 effective Dec. 28, 1973,
see section 16 of Pub. L. 93–205, set out as a note under
section 1531 of this title.

§ 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.
(Pub. L. 87–714, § 3, Sept. 28, 1962, 76 Stat. 653.)
§ 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.
(Pub. L. 87–714, § 4, Sept. 28, 1962, 76 Stat. 654;
Pub. L. 95–616, § 3(e), Nov. 8, 1978, 92 Stat. 3111;
Pub. L. 98–473, title II, § 221, Oct. 12, 1984, 98 Stat.
2028.)
AMENDMENTS
1984—Pub. L. 98–473 substituted ‘‘misdemeanor’’ for
‘‘petty offense (18 U.S.C. 1)’’.
1978—Pub. L. 95–616 provided for designation of enforcement personnel.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–473 effective Nov. 1, 1987,
and applicable only to offenses committed after the
taking effect of such amendment, see section 235(a)(1)
of Pub. L. 98–473, set out as an Effective Date note
under section 3551 of Title 18, Crimes and Criminal Procedure.

§ 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.
(Pub. L. 87–714, § 5, Sept. 28, 1962, 76 Stat. 654.)

§ 460l

TITLE 16—CONSERVATION
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.
(Pub. L. 88–29, § 1, May 28, 1963, 77 Stat. 49.)
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 4321 of Title 42, The Public
Health and Welfare.
A 21ST CENTURY STRATEGY FOR AMERICA’S GREAT
OUTDOORS
Memorandum of President of the United States, Apr.
16, 2010, 75 F.R. 20767, provided:
Memorandum for the Secretary of the Interior[,] the
Secretary of Agriculture[,] the Administrator of the
Environmental Protection Agency[, and] the Chair of
the Council on Environmental Quality
Americans are blessed with a vast and varied natural
heritage. From mountains to deserts and from sea to
shining sea, America’s great outdoors have shaped the
rugged independence and sense of community that define the American spirit. Our working landscapes, cultural sites, parks, coasts, wild lands, rivers, and
streams are gifts that we have inherited from previous
generations. They are the places that offer us refuge
from daily demands, renew our spirits, and enhance our
fondest memories, whether they are fishing with a
grandchild in a favorite spot, hiking a trail with a
friend, or enjoying a family picnic in a neighborhood
park. They also are our farms, ranches, and forests—
the working lands that have fed and sustained us for
generations. Americans take pride in these places, and
share a responsibility to preserve them for our children
and grandchildren.
Today, however, we are losing touch with too many
of the places and proud traditions that have helped to
make America special. Farms, ranches, forests, and
other valuable natural resources are disappearing at an
alarming rate. Families are spending less time together
enjoying their natural surroundings. Despite our conservation efforts, too many of our fields are becoming
fragmented, too many of our rivers and streams are becoming polluted, and we are losing our connection to
the parks, wild places, and open spaces we grew up with
and cherish. Children, especially, are spending less
time outside running and playing, fishing and hunting,
and connecting to the outdoors just down the street or
outside of town.
Across America, communities are uniting to protect
the places they love, and developing new approaches to
saving and enjoying the outdoors. They are bringing together farmers and ranchers, land trusts, recreation
and conservation groups, sportsmen, community park
groups, governments and industry, and people from all
over the country to develop new partnerships and innovative programs to protect and restore our outdoors
legacy. However, these efforts are often scattered and
sometimes insufficient. The Federal Government, the
Nation’s largest land manager, has a responsibility to

Page 562

engage with these partners to help develop a conservation agenda worthy of the 21st Century. We must look
to the private sector and nonprofit organizations, as
well as towns, cities, and States, and the people who
live and work in them, to identify the places that mean
the most to Americans, and leverage the support of the
Federal Government to help these community-driven
efforts to succeed. Through these partnerships, we will
work to connect these outdoor spaces to each other,
and to reconnect Americans to them.
For these reasons, it is hereby ordered as follows:
SECTION 1. Establishment.
(a) There is established the America’s Great Outdoors
Initiative (Initiative), to be led by the Secretaries of
the Interior and Agriculture, the Administrator of the
Environmental Protection Agency, and the Chair of the
Council on Environmental Quality (CEQ) and implemented in coordination with the agencies listed in section 2(b) of this memorandum. The Initiative may include the heads of other executive branch departments,
agencies, and offices (agencies) as the President may,
from time to time, designate.
(b) The goals of the Initiative shall be to:
(i) Reconnect Americans, especially children, to
America’s rivers and waterways, landscapes of national
significance, ranches, farms and forests, great parks,
and coasts and beaches by exploring a variety of efforts, including:
(A) promoting community-based recreation and
conservation, including local parks, greenways,
beaches, and waterways;
(B) advancing job and volunteer opportunities related to conservation and outdoor recreation; and
(C) supporting existing programs and projects that
educate and engage Americans in our history, culture, and natural bounty.
(ii) Build upon State, local, private, and tribal priorities for the conservation of land, water, wildlife, historic, and cultural resources, creating corridors and
connectivity across these outdoor spaces, and for enhancing neighborhood parks; and determine how the
Federal Government can best advance those priorities
through public private partnerships and locally supported conservation strategies.
(iii) Use science-based management practices to restore and protect our lands and waters for future generations.
SEC. 2. Functions. The functions of the Initiative shall
include:
(a) Outreach. The Initiative shall conduct listening
and learning sessions around the country where land
and waters are being conserved and community parks
are being established in innovative ways. These sessions should engage the full range of interested groups,
including tribal leaders, farmers and ranchers, sportsmen, community park groups, foresters, youth groups,
businesspeople, educators, State and local governments, and recreation and conservation groups. Special
attention should be given to bringing young Americans
into the conversation. These listening sessions will inform the reports required in subsection (c) of this section.
(b) Interagency Coordination. The following agencies
shall work with the Initiative to identify existing resources and align policies and programs to achieve its
goals:
(i) the Department of Defense;
(ii) the Department of Commerce;
(iii) the Department of Housing and Urban Development;
(iv) the Department of Health and Human Services;
(v) the Department of Labor;
(vi) the Department of Transportation;
(vii) the Department of Education; and
(viii) the Office of Management and Budget (OMB).
(c) Reports. The Initiative shall submit, through the
Chair of the CEQ, the following reports to the President:
(i) Report on America’s Great Outdoors. By November 15, 2010, the Initiative shall submit a report that includes the following:

Page 563

§ 460l–1

TITLE 16—CONSERVATION

(A) a review of successful and promising nonfederal
conservation approaches;
(B) an analysis of existing Federal resources and
programs that could be used to complement those approaches;
(C) proposed strategies and activities to achieve the
goals of the Initiative; and
(D) an action plan to meet the goals of the Initiative.
The report should reflect the constraints in resources
available in, and be consistent with, the Federal budget. It should recommend efficient and effective use of
existing resources, as well as opportunities to leverage
nonfederal public and private resources and nontraditional conservation programs.
(ii) Annual reports. By September 30, 2011, and September 30, 2012, the Initiative shall submit reports on
its progress in implementing the action plan developed
pursuant to subsection (c)(i)(D) of this section.
SEC. 3. General Provisions.
(a) This memorandum shall be implemented consistent with applicable law and subject to the availability
of any necessary appropriations.
(b) This memorandum does not create any right or
benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or agents, or any other person.
(c) The heads of executive departments and agencies
shall assist and provide information to the Initiative,
consistent with applicable law, as may be necessary to
carry out the functions of the Initiative. Each executive department and agency shall bear its own expenses
of participating in the Initiative.
(d) Nothing in this memorandum shall be construed
to impair or otherwise affect the functions of the Director of the OMB relating to budgetary, administrative,
or legislative proposals.
(e) The Chair of the CEQ is authorized and directed to
publish this memorandum in the Federal Register.
BARACK OBAMA.

§ 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) undertake studies and assemble information concerning outdoor recreation, directly or by contract
or cooperative agreement, and disseminate such
information without regard to the provisions of
section 3204 of title 39, and (3) cooperate with
educational institutions and others in order to
assist in establishing education programs and
activities and to encourage public use and benefits from outdoor recreation.
(g) Federal interdepartmental cooperation; coordination of Federal plans and activities;
expenditures; reimbursement
(1) Cooperate with and provide technical assistance to Federal departments and agencies
and obtain from them information, data, reports, advice, and assistance that are needed and
can reasonably be furnished in carrying out the
purposes of this part, and (2) promote coordination of Federal plans and activities generally relating to outdoor recreation. Any department or
agency furnishing advice or assistance hereunder may expend its own funds for such purposes, with or without reimbursement, as may
be agreed to by that agency.
(h) Donations
Accept and use donations of money, property,
personal services, or facilities for the purposes
of this part.
(Pub. L. 88–29, § 2, May 28, 1963, 77 Stat. 49; Pub.
L. 91–375, § 6(h), Aug. 12, 1970, 84 Stat. 776.)
CODIFICATION
In subsec. (f), ‘‘section 3324(a) and (b) of title 31’’ substituted for ‘‘section 3648 of the Revised Statutes (31
U.S.C. 529)’’ on authority of Pub. L. 97–258, § 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
AMENDMENTS
1970—Subsec. (f). Pub. L. 91–375 substituted ‘‘section
3204 of title 39’’ for ‘‘section 4154 of title 39’’.
EFFECTIVE DATE OF 1970 AMENDMENT
For effective date of amendment by Pub. L. 91–375,
see section 15(a) of Pub. L. 91–375, set out as an Effec-

§ 460l–2

TITLE 16—CONSERVATION

tive Dates note preceding section 101 of Title 39, Postal
Service.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (c) of this section relating to transmittal to
Congress, at five-year intervals, of revisions of nationwide outdoor recreation plan, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 112 of House
Document No. 103–7.
STUDY REGARDING IMPROVED OUTDOOR RECREATIONAL
ACCESS FOR PERSONS WITH DISABILITIES
Pub. L. 105–359, § 1, Nov. 10, 1998, 112 Stat. 3275, provided that:
‘‘(a) STUDY REQUIRED.—The Secretary of Agriculture
and the Secretary of the Interior shall jointly conduct
a study regarding ways to improve the access for persons with disabilities to outdoor recreational opportunities (such as fishing, hunting, trapping, wildlife viewing, hiking, boating, and camping) made available to
the public on the Federal lands described in subsection
(b).
‘‘(b) COVERED FEDERAL LANDS.—The Federal lands referred to in subsection (a) are the following:
‘‘(1) National Forest System lands.
‘‘(2) Units of the National Park System.
‘‘(3) Areas in the National Wildlife Refuge System.
‘‘(4) Lands administered by the Bureau of Land
Management.
‘‘(c) REPORT ON STUDY.—Not later than 18 months
after the date of the enactment of this Act [Nov. 10,
1998], the Secretaries shall submit to Congress a report
containing the results of the study.’’
CONNECTICUT RIVER NATIONAL RECREATION AREA
FEASIBILITY STUDY
Pub. L. 89–616, Oct. 3, 1966, 80 Stat. 867, directed Secretary of the Interior to study, investigate, and formulate recommendations on feasibility and desirability of
establishing all or parts of Connecticut River Valley
from its source to its mouth, in States of Connecticut,
Massachusetts, Vermont, and New Hampshire, as a
Connecticut River National Recreation Area and to
submit to President, within two years after Oct. 3, 1966,
a report of his findings and recommendations, with
President to submit to Congress such recommendations, including legislation, as he deemed appropriate.

§ 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 460l of this title, the heads of
Federal departments and independent agencies
having administrative responsibility over activities or resources the conduct or use of which
is pertinent to fulfillment of that policy shall,
either individually or as a group, (a) consult
with and be consulted by the Secretary from
time to time both with respect to their conduct
of those activities and their use of those resources and with respect to the activities which
the Secretary of the Interior carries on under
authority of this part which are pertinent to
their work, and (b) carry out such responsibilities in general conformance with the nationwide plan authorized under section 460l–1(c) of
this title.
(Pub. L. 88–29, § 3, May 28, 1963, 77 Stat. 50.)
§ 460l–3. Definitions
As used in this part, the term ‘‘United States’’
shall include the District of Columbia and the

Page 564

terms ‘‘United States’’ and ‘‘States’’ may, to the
extent practicable, include the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific
Islands, and the Commonwealth of the Northern
Mariana Islands.
(Pub. L. 88–29, § 4, May 28, 1963, 77 Stat. 50; Pub.
L. 96–205, title VI, § 608(c), Mar. 12, 1980, 94 Stat.
92.)
AMENDMENTS
1980—Pub. L. 96–205 inserted references to the Trust
Territory of the Pacific Islands and the Commonwealth
of the Northern Mariana Islands.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

PART B—LAND AND WATER CONSERVATION FUND
§ 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.
(Pub. L. 88–578, title I, § 1(b), Sept. 3, 1964, 78
Stat. 897.)
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 88–578, Sept. 3, 1964, 78
Stat. 897, which is classified principally to this part.
For complete classification of this Act to the Code, see
Short Title note below and Tables.
EFFECTIVE DATE
Section 1(a) of Pub. L. 88–578 provided in part that:
‘‘This Act [see Short Title note below] shall become effective on January 1, 1965.’’
SHORT TITLE
Section 1(a) of Pub. L. 88–578 provided in part that:
‘‘This Act [enacting this part, amending section 460d,
repealing section 14 of this title, and amending provisions set out as a note under section 120 of Title 23,
Highways] may be cited as the ‘Land and Water Conservation Fund Act of 1965’.’’
SURVEY OF ENTRANCE AND USER FEES
Secretary of the Interior required by section 4 of Pub.
L. 91–308, July 7, 1970, 84 Stat. 410 to complete a survey
as to policy to be implemented with regard to entrance
and user fees and to report his findings to Senate and
House Committees on Interior and Insular Affairs on or
before Feb. l, 1971.

Page 565

§ 460l–5

TITLE 16—CONSERVATION

§ 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 572(a) or 574(a)–(c) of title 40 or the Independent Offices Appropriation Act, 1963 (76 Stat.
725) or in any later appropriation Act) hereafter
received from any disposal of surplus real property and related personal property under chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and
4711) of subtitle I of title 41, notwithstanding
any provision of law that such proceeds shall be
credited to miscellaneous receipts of the Treasury. Nothing in this part shall affect existing
laws or regulations concerning disposal of real
or personal surplus property to schools, hospitals, and States and their political subdivisions.
(b) Motorboat fuels tax
The amounts provided for in section 460l–11 of
this title.
(c) Other revenues
(1) In addition to the sum of the revenues and
collections estimated by the Secretary of the Interior to be covered into the fund pursuant to
this section, as amended, there are authorized to
be appropriated annually to the fund out of any
money in the Treasury not otherwise appropriated such amounts as are necessary to make
the income of the fund not less than $300,000,000
for fiscal year 1977, and $900,000,000 for fiscal
year 1978 and for each fiscal year thereafter
through September 30, 2015.
(2) To the extent that any such sums so appropriated are not sufficient to make the total annual income of the fund equivalent to the
amounts provided in clause (1), an amount sufficient to cover the remainder thereof shall be
credited to the fund from revenues due and payable to the United States for deposit in the
Treasury as miscellaneous receipts under the
Outer Continental Shelf Lands Act, as amended
(43 U.S.C. 1331 et seq.): Provided, That notwithstanding the provisions of section 460l–6 of this
title, moneys covered into the fund under this
paragraph shall remain in the fund until appropriated by the Congress to carry out the purpose
of this part.
(Pub. L. 88–578, title I, § 2, Sept. 3, 1964, 78 Stat.
897; Pub. L. 89–72, § 11, July 9, 1965, 79 Stat. 218;
Pub. L. 90–401, §§ 1(a), 2, July 15, 1968, 82 Stat. 354,
355; Pub. L. 91–308, § 2, July 7, 1970, 84 Stat. 410;
Pub. L. 91–485, § 1, Oct. 22, 1970, 84 Stat. 1084; Pub.
L. 94–273, § 2(7), Apr. 21, 1976, 90 Stat. 375; Pub. L.
94–422, title I, § 101(1), Sept. 28, 1976, 90 Stat. 1313;
Pub. L. 95–42, § 1(1), June 10, 1977, 91 Stat. 210;
Pub. L. 100–203, title V, § 5201(f)(1), Dec. 22, 1987,
101 Stat. 1330–267.)

REFERENCES IN TEXT
The provisions of the Independent Offices Appropriation Act, referred to in subsec. (a), are the provisions of
Pub. L. 87–741, Oct. 3, 1962, 76 Stat. 716, appearing under
the heading ‘‘Operating Expenses, Utilization and Disposal Service’’ which were not classified to the Code.
This part, referred to in subsecs. (a) and (c)(2), was in
the original ‘‘this Act’’, meaning Pub. L. 88–578, Sept.
3, 1964, 78 Stat. 897, which is classified principally to
this part. For complete classification of this Act to the
Code, see Short Title note set out under section 460l–4
of this title and Tables.
The Outer Continental Shelf Lands Act, referred to in
subsec. (c)(2), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as
amended, which is classified generally to subchapter III
(§ 1331 et seq.) of chapter 29 of Title 43, Public Lands.
For complete classification of this Act to the Code, see
Short Title note set out under section 1331 of Title 43
and Tables.
CODIFICATION
In subsec. (a), ‘‘Section 572(a) or 574(a)–(c) of title 40’’
substituted for ‘‘section 485(b)(e), title 40, United States
Code,’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21,
2002, 116 Stat. 1303, which Act enacted Title 40, Public
Buildings, Property, and Works.
In subsec. (a), ‘‘chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41’’ substituted for ‘‘the
Federal Property and Administrative Services Act of
1949, as amended’’ on authority of Pub. L. 107–217, § 5(c),
Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40,
Public Buildings, Property, and Works, and Pub. L.
111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
AMENDMENTS
1987—Pub. L. 100–203 substituted ‘‘2015’’ for ‘‘1989’’ in
introductory provisions and in subsec. (c)(1).
1977—Subsec. (c)(1). Pub. L. 95–42 substituted ‘‘and
$900,000,000 for fiscal year 1978’’ for ‘‘$600,000,000 for fiscal year 1978, $750,000,000 for fiscal year 1979, and
$900,000,000 for fiscal year 1980’’.
1976—Pub. L. 94–422 struck out ‘‘, and during such additional period as may be required to repay any advances made pursuant to section 460l–7(b) of this title’’
after ‘‘September 30, 1989’’ in provisions preceding subsec. (a).
Pub. L. 94–273 substituted ‘‘September’’ for ‘‘June’’
wherever appearing.
Subsec. (a). Pub. L. 94–422 reenacted subsec. (a) without change except for reference to section 485(b)(e)
which as originally enacted read ‘‘section 485(b)–(e)’’.
Subsec. (b). Pub. L. 94–422 reenacted subsec. (b) without change.
Subsec. (c)(1). Pub. L. 94–422 substituted ‘‘$300,000,000
for fiscal year 1977, $600,000,000 for fiscal year 1978,
$750,000,000 for fiscal year 1979, and $900,000,000 for fiscal
year 1980 and for each fiscal year thereafter through
September 30, 1989.’’ for ‘‘$200,000,000 for each of the fiscal years 1968, 1969, and 1970, and not less than
$300,000,000 for each fiscal year thereafter through September 30, 1989.’’.
Subsec. (c)(2). Pub. L. 94–422 substituted ‘‘equivalent
to the amounts’’ for ‘‘amount to $200,000,000 or
$300,000,000 for each of such fiscal years, as’’.
1970—Subsec. (a)(i). Pub. L. 91–308 purported to substitute ‘‘not more than $10’’ for ‘‘not more than $7’’.
See 1968 Amendment note below.
Subsec. (c)(1). Pub. L. 91–485, § 1(a), substituted ‘‘fiscal
years 1968, 1969, and 1970, and not less than $300,000,000
for each fiscal year thereafter through June 30, 1989’’
for ‘‘five fiscal years beginning July 1, 1968, and ending
June 30, 1973’’.
Subsec. (c)(2). Pub. L. 91–485, § 1(b), substituted
‘‘$200,000,000 or $300,000,000 for each of such fiscal years,
as provided in cl. (1),’’ for ‘‘$200,000,000 for each of such
fiscal years,’’.
1968—Subsec. (a). Pub. L. 90–401, § 1(a), redesignated
subsec. (b) as (a). Former subsec. (a), except for the

§ 460l–5

TITLE 16—CONSERVATION

fourth paragraph thereof, established a system of admission and user fees for all Federal recreation areas
and was eliminated. The fourth paragraph covering the
repeal of provisions prohibiting the collection of recreation fees and user charges was redesignated as section
10 of Pub. L. 88–587 and is set out as section 460l–10c.
Subsecs. (b), (c). Pub. L. 90–401, §§ 1(a), 2, added subsec. (c) and redesignated former subsecs. (b) and (c) as
(a) and (b), respectively.
1965—Subsec. (a). Pub. L. 89–72 substituted ‘‘notwithstanding any other provision of law:’’ for ‘‘notwithstanding any provision of law that such proceeds shall
be credited to miscellaneous receipts of the Treasury:’’
and ‘‘or affect any contract heretofore entered into by
the United States that provides that such revenues collected at particular Federal areas shall be credited to
specific purposes’’ for ‘‘of any provision of law that provides that any fees or charges collected at particular
Federal areas shall be used for or credited to specific
purposes or special funds as authorized by that provision of law.’’
EFFECTIVE DATE OF 1968 AMENDMENT
Section 1(d) of Pub. L. 90–401, as amended by section
1 of Pub. L. 91–308, provided that: ‘‘The provisions of
subsections (a) and (c) of this section [amending this
section] shall be effective December 31, 1971. Until that
date revenues derived from the subsection (a) that is
repealed by this section shall continue to be covered
into the fund.’’
ELIMINATION OF SYSTEM OF ADMISSION AND USER FEES
FOR FEDERAL RECREATION AREAS
Pub. L. 90–401, § 1(b), July 15, 1968, 82 Stat. 354, relating to admission and user fees for Federal recreation
areas and facilities, was repealed by Pub. L. 92–347, § 1,
July 11, 1972, 86 Stat. 459.
EX. ORD. NO. 11200. 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, 77 Stat. 49 [sections 460l to 460l–3 of the title], vested the Secretary of
the Interior with legal authority to promote coordination of Federal plans and activities generally relating
to outdoor recreation; and
WHEREAS it is fair and equitable that the users of
certain recreation areas and facilities managed by such
agencies pay a reasonable fee for the recreation benefits received; and
WHEREAS it is desirable to establish uniformity of
practices among such Federal agencies regarding recreation user fees and related matters; and
WHEREAS the Congress, recognizing the need for urgent and effective action in this regard, enacted the
Land and Water Conservation Fund Act of 1965, Public
Law 88–578; 78 Stat. 897 [sections 460l–4 to 460l–11 of this
title] (hereafter in this order referred to as ‘‘the Act’’);
NOW, THEREFORE, by virtue of the authority vested
in me by the Act, by Section 301 of title 3 of the United
States Code, and as President of the United States, it
is ordered as follows:

Page 566

SECTION 1. Designation of areas for 1965. (a) All areas
administered by the National Park Service, Bureau of
Land Management, Bureau of Sport Fisheries and Wildlife, Bureau of Reclamation, Forest Service, Corps of
Engineers, Tennessee Valley Authority, and the United
States Section of the International Boundary and
Water Commission (United States and Mexico), at
which entrance, admission, or other recreation user
fees (hereafter in this order referred to as ‘‘recreation
user fees’’) were collected directly by those Federal
agencies during any part of 1964 are hereby designated,
pursuant to Section 2(a) of the Act [subsec. (a) of this
section], as areas at which recreation user fees shall be
charged during 1965.
(b) The Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Defense, the Board of Directors of the Tennessee Valley Authority, and the
Commissioner, United States Section of the International Boundary and Water Commission (United
States and Mexico), or their designees, shall, by April
1, 1965, designate any additional areas under their respective jurisdictions at which recreation user fees are
to be charged during 1965.
(c) Recreation user fees for such areas shall be prescribed as provided in Section 5 of this Order.
SEC. 2. Designation of areas for years after 1965. (a) Subject to the provisions of subsection (b) of this section,
the areas designated by Section 1(a), or pursuant to
Section 1(b), of this Order are hereby designated as
areas for which recreation user fees shall be charged for
years after 1965.
(b) The officials described in Section 1(b) of this
Order shall, before January 1, 1966, and at least annually thereafter, review all areas then under their respective jurisdictions, including those described in subsection (a) of this section, to determine (1) whether any
additional areas should, in accordance with the designation criteria prescribed by Section 3 of this Order
(or under those designation criteria as revised by the
Secretary of the Interior pursuant to Section 6(c) of
this Order), be designated as areas for which recreation
user fees shall be charged, or (2) whether the recreation
user fee for any area theretofore designated should be
increased, reduced, or eliminated under the designation
criteria then in effect.
(c)(1) Whenever, in accordance with subsection (b) of
this section, it is determined that the recreation user
fee for an area should be reduced or eliminated, such
action shall be taken forthwith.
(2) Whenever, in accordance with subsection (b) of
this section, it is determined that a recreation user fee
should be charged with respect to an area with respect
to which no such fee has theretofore been charged, such
new fee shall be charged only after the posting requirements of Section 4 of this Order have been satisfied.
SEC. 3. Criteria for designation of areas. Areas shall, in
accordance with Section 1(b) and Section 2(b) of this
Order and to the extent permitted by the Act, be designated as areas at which recreation user fees shall be
charged if the following conditions are found to exist
concurrently:
(1) The area is administered by any of the eight agencies specified in Section 1(a) of this Order;
(2) The area is administered primarily for scenic, scientific, historical, cultural, or recreational purposes;
(3) The area has recreation facilities or services provided at Federal expense; and
(4) The nature of the area is such that fee collection
is administratively and economically practical.
(b) Areas designated as those at which recreation
user fees shall be charged shall hereafter in this Order
be referred to as ‘‘designated areas.’’
SEC. 4. Posting of designated areas. The heads of administering agencies and departments shall provide for
the posting of signs at all designated areas such as will
clearly notify the visiting public that recreation user
fees are charged therein. All areas designated pursuant
to Sections 1 and 2 of this Order shall be so posted prior
to the beginning of the recreation season or as soon as
practicable following designation. No recreation user

Page 567

§ 460l–6

TITLE 16—CONSERVATION

fee established pursuant to this Order shall be effective
with respect to any designated area until that designated area has been posted.
SEC. 5. Establishment of fees. (a) Each official described
in Section 1(b) of this Order shall, subject to the criteria prescribed by the Secretary of the Interior, establish a recreation user fee for each designated area administered under his jurisdiction by selecting from a
schedule of fees, prescribed by the Secretary of the Interior pursuant to Section 6 of this Order, the fee which
is appropriate for each such designated area under criteria prescribed by the Secretary pursuant to that section. Each such official shall also specify which designated areas shall be excluded from the coverage of
the annual fee described in Section 2(a)(1) of the Act
[subsec. (a)(i) of this section] and which, as a result of
that exclusion will be subject to the fee described in
Section 2(a)(iii) of the Act [subsec. (a)(iii) of this section]. The range of recreation user fees to be charged
and the criteria for their selection shall be established
under the procedures prescribed by Section 6 of this
Order.
(b) The Secretary of the Interior shall prescribe the
procedures for the production, distribution, and sale of
the Land and Water Conservation Fund Sticker, which
shall be issued to those individuals who elect to pay the
annual fees. The Secretary of the Interior shall also
prescribe the manner in which the Sticker shall be displayed. The conditions under which it may be used
shall be determinated under the procedures prescribed
by Section 6 of this Order.
SEC. 6. Coordination. (a) The Secretary of the Interior
shall after consultation with the heads of other affected departments and agencies, adopt such coordination measures as are necessary to carry out the purposes of Sections 2(a) and 4(a) of the Act [subsec. (a) of
this section and section 460l–7(a) of this title] and the
provisions of this order.
(b)(1) In order that the purposes of the Act and of this
Order may be effectuated without delay, the Secretary
of the Interior shall, subject to the limitations imposed
by the Act and without regard to the other provisions
of this section, forthwith issue a schedule of recreation
user fees and criteria to be used in determining which
such fees shall be charged with respect to each of the
designated areas.
(2) Subject to the limitations imposed by the Act and
subject to the provisions of subsections (a), (c), and (d)
of this section, the Secretary of the Interior may, from
time to time, amend or replace the schedule of fees and
the criteria prescribed by him pursuant to subsection
(b)(1) of this section.
(c) Subject to the limits set forth in the Act, the
measures which the Secretary of the Interior may
adopt pursuant to subsection (a) of this section may include, but are not limited to, the following—
(1) Initial preparation and coordination of the comprehensive statement of estimated requirements during
the ensuing fiscal year for appropriations from the
Land and Water Conservation Fund, as required by Section 4(a) of the act [section 460l–7(a) of this title].
(2) Development of such additional procedures and interpretive materials as are necessary to facilitate the
implementation of this Order and related provisions of
the Act.
(3) Review and revision, if needed, of the criteria for
designation set forth in Section 3 of this Order.
(d) Except with respect to the schedule of fees and the
criteria prescribed by the Secretary pursuant to subsection (b)(1) of this section, measures and regulations
adopted by the Secretary pursuant to this Order shall
not become effective until 30 days after they are presented for the consideration of the other officials described in Section 1(b). Any such official who does not
concur in any such measure or regulation may, within
that 30-day period, refer the matter to the Recreation
Advisory Council established under Executive Order
No. 11017 [superseded by Ex. Ord. No. 11278, which in
turn was revoked by Ex. Ord. No. 11472 which is set out
as a note under section 4321 of Title 42] for resolution.

If a proposed measure is referred to the Council for resolution, it shall not become effective until approved by
the Council. With the approval of all other officials described in Section 1(b) of this Order, the provisions of
this subsection may be waived with respect to any specific measure or regulation adopted by the Secretary of
the Interior pursuant to this order so that any such
measure or regulation may be made effective before the
expiration of the 30-day waiting period prescribed by
the first sentence of this subsection.
SEC. 7. Review of contracts. The officials described in
Section 1(b) of this Order shall, within a reasonable
time, review all existing contracts and other arrangements between their respective agencies and any nonFederal public entity which relate to non-Federal management of Federally-owned outdoor recreation areas.
Special attention shall be given to any provision in any
such contract or other arrangement which prohibits or
discourages in any way such non-Federal public entity
from charging recreation user fees. Unless otherwise
prohibited by law, each such restrictive provision shall
be the subject of renegotiation designed to accomplish
a modification thereof that will permit the charging of
recreation user fees.
SEC. 8. Regulations. The Secretary of the Interior is
authorized to issue such regulations as may be necessary to carry out his functions under this Order.
LYNDON B. JOHNSON.

§ 460l–5a. Repealed. Pub. L. 100–203, title V,
§ 5201(d)(1), Dec. 22, 1987, 101 Stat. 1330–266
Section, Pub. L. 96–514, title I, § 100, Dec. 12, 1980, 94
Stat. 2960, provided for revenues received from recreation fee collections by Federal agencies to be paid into
the Land and Water Conservation Fund and to be available for appropriation for any and all authorized purposes.
RECREATION USE FEES COLLECTED AND DEPOSITED IN
UNITED STATES TREASURY BY CORPS OF ENGINEERS
Pub. L. 97–88, title I, § 100, Dec. 4, 1981, 95 Stat. 1136,
related to special recreation use fees collected by, and
deposited in the Treasury by the Corps of Engineers,
prior to repeal by Pub. L. 100–203, title V, § 5201(d)(3),
Dec. 22, 1987, 101 Stat. 1330–267.

§ 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 section 460l–6a(i)(1) 1
of this title may be obligated or expended only
as provided in this part.
(Pub. L. 88–578. title I, § 3, Sept. 3, 1964, 78 Stat.
899; Pub. L. 100–203, title V, § 5201(f)(2), Dec. 22,
1987, 101 Stat. 1330–267.)
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 88–578, Sept. 3, 1964, 78
Stat. 897, which is classified principally to this part.
For complete classification of this Act to the Code, see
Short Title note set out under section 460l–4 of this
title and Tables.
Section 460l–6a(i)(1) of this title, referred to in text,
was repealed, with the exception of subpar. (C) of subsec. (i)(1), by Pub. L. 108–447, div. J, title VIII, § 813(a),
Dec. 8, 2004, 118 Stat. 3390, as amended by Pub. L. 109–54,
title I, § 132(a), Aug. 2, 2005, 119 Stat. 526.
1 See

References in Text note below.

§ 460l–6a

TITLE 16—CONSERVATION
AMENDMENTS

1987—Pub. L. 100–203 amended last sentence generally.
Prior to amendment, last sentence read as follows:
‘‘Moneys covered into this fund not subsequently authorized by the Congress for expenditures within two
fiscal years following the fiscal year in which such
moneys had been credited to the fund, shall be transferred to miscellaneous receipts of the Treasury.’’

§ 460l–6a. Admission and special recreation use
fees
(a) to (g). Repealed. Pub. L. 108–447, div. J, title
VIII, § 813(a), Dec. 8, 2004, 118 Stat. 3390, as
amended by Pub. L. 109–54, title I, § 132(a),
Aug. 2, 2005, 119 Stat. 526
(h) Repealed. Pub. L. 104–66, title I, § 1081(f), Dec.
21, 1995, 109 Stat. 721
(i) Covering of fees collected into special account
for agency established in Treasury
(1)(A), (B) Repealed. Pub. L. 108–447, div. J,
title VIII, § 813(a), Dec. 8, 2004, 118 Stat. 3390, as
amended by Pub. L. 109–54, title I, § 132(a), Aug.
2, 2205, 119 Stat. 526.
(C) UNITS AT WHICH ENTRANCE FEES OR ADMISSIONS FEES CANNOT BE COLLECTED.—
(i) WITHHOLDING OF AMOUNTS.—Notwithstanding section 107 of the Department of the
Interior and Related Agencies Appropriations
Act, 1998 (16 U.S.C. 460l–6a note; Public Law
105–83), the Secretary of the Interior shall
withhold from the special account under section 6806(a) of this title 100 percent of the fees
and charges collected in connection with any
unit of the National Park System at which entrance fees or admission fees cannot be collected by reason of deed restrictions.
(ii) USE OF AMOUNTS.—Amounts withheld
under clause (i) shall be retained by the Secretary and shall be available, without further
Act of appropriation, for expenditure by the
Secretary for the unit with respect to which
the amounts were collected for the purposes of
enhancing the quality of the visitor experience, protection of resources, repair and maintenance, interpretation, signage, habitat or facility enhancement, resource preservation, annual operation (including fee collection),
maintenance, and law enforcement.
(2) to (4) Repealed. Pub. L. 108–447, div. J, title
VIII, § 813(a), Dec. 8, 2004, 118 Stat. 3390, as
amended by Pub. L. 109–54, title I, § 132(a), Aug.
2, 2205, 119 Stat. 526.
(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.

Page 568

(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) 1 of this section.
1 See

References in Text note below.

Page 569

§ 460l–6a

TITLE 16—CONSERVATION

(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) 1
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) 1 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) 1 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 (16 U.S.C. 20–20g) 1 entitled ‘‘An
Act relating to the establishment of concession policies in the areas administered by the
National Park Service and for other purposes.’’
(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 Public Law 100–91 for
the specific purpose of providing commercial
tour services within the airspace of such units.
(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).
(Pub. L. 88–578, title I, § 4, as added Pub. L.
92–347, § 2, July 11, 1972, 86 Stat. 459; amended
Pub. L. 93–81, §§ 1, 2, Aug. 1, 1973, 87 Stat. 178, 179;
Pub. L. 93–303, § 1, June 7, 1974, 88 Stat. 192; Pub.
L. 96–344, § 9, Sept. 8, 1980, 94 Stat. 1135; Pub. L.
100–203, title V, § 5201(a)–(c), Dec. 22, 1987, 101
Stat. 1330–263, 1330–264; Pub. L. 103–66, title V,
§ 5001(b), title X, §§ 10001, 10002, Aug. 10, 1993, 107
Stat. 379, 402, 403; Pub. L. 103–437, § 6(p)(1), Nov.
2, 1994, 108 Stat. 4586; Pub. L. 104–66, title I,
§ 1081(f), Dec. 21, 1995, 109 Stat. 721; Pub. L.
105–327, § 1, Oct. 30, 1998, 112 Stat. 3055; Pub. L.
108–447, div. J, title VIII, § 813(a), Dec. 8, 2004, 118
Stat. 3390; Pub. L. 109–54, title I, § 132(a), (b),
Aug. 2, 2005, 119 Stat. 526.)
REFERENCES IN TEXT
Subsections (a) and (i) (except par. (1)(C)) of this section, referred to in subsecs. (l) to (n), were repealed by
Pub. L. 108–447, div. J, title VIII, § 813(a), Dec. 8, 2004,
118 Stat. 3390.
Act of October 9, 1965, referred to in subsec. (n)(4)(B),
is Pub. L. 89–249, Oct. 9, 1965, 79 Stat. 969, known as the
National Park System Concessions Policy Act, which
was classified generally to subchapter IV (§ 20 et seq.) of
this chapter, prior to repeal by Pub. L. 105–391, title IV,
§ 415(a), Nov. 13, 1998, 112 Stat. 3515.
Public Law 100–91, referred to in subsec. (n)(5)(A), is
set out as a note under section 1a–1 of this title.
PRIOR PROVISIONS
A prior section 4 of Pub. L. 88–578 was renumbered
section 5 and is classified to section 460l–7 of this title.
AMENDMENTS
2005—Pub. L. 109–54, § 132(a), amended Pub. L. 108–447,
§ 813(a). See 2004 Amendment notes below.
Subsec. (i)(1)(C)(i). Pub. L. 109–54, § 132(b), substituted
‘‘Notwithstanding section 107’’ for ‘‘Notwithstanding
subparagraph (A), section 315(c) of section 101(c) of the
Omnibus Consolidated Recessions and Appropriations
Act of 1996 (16 U.S.C. 460l–6a note; Public Law 104–134),
or section 107’’ and ‘‘account under section 6806(a) of
this title’’ for ‘‘account under subparagraph (A)’’.
2004—Subsecs. (a) to (g). Pub. L. 108–447, § 813(a), as
amended by Pub. L. 109–54, § 132(a), struck out subsec.
(a) relating to admission fees, Golden Eagle and Golden
Age Passports, and permits, subsec. (b) relating to
recreation use fees, collection, campgrounds at lakes or
reservoirs, and fees for Golden Age passport permittees,
subsec. (c) relating to special recreation permits, subsec. (d) relating to criteria, posting, and uniformity of
fees, subsec. (e) relating to establishment of rules and
regulations, enforcement powers, and penalty for violations, subsec. (f) relating to contracts with any public
or private entity to provide visitor registration services, and subsec. (g) relating to effect on Federal and
State laws.
Subsec. (i). Pub. L. 108–447, § 813(a), as amended by
Pub. L. 109–54, § 132(a), struck out subsec. (i), relating to
covering fees collected into special account for agency
established in Treasury, covered agencies, availability
of funds, and allocation of National Park Service funds,
except for paragraph (1)(C), relating to units at which
entrance fees or admissions fees cannot be collected.
1998—Subsec. (i)(1)(C). Pub. L. 105–327 added subpar.
(C).
1995—Subsec. (h). Pub. L. 104–66 struck out subsec. (h)
which read as follows: ‘‘Periodic reports indicating the
number and location of fee collection areas, the num-

§ 460l–6a

TITLE 16—CONSERVATION

ber 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.’’
1994—Subsec. (h). Pub. L. 103–437 substituted ‘‘Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate’’ for ‘‘Committees on Interior and
Insular Affairs of the United States House of Representatives and United States Senate’’.
1993—Subsec. (a). Pub. L. 103–66, § 10001(a), in first sentence inserted ‘‘or National Conservation Areas’’ after
‘‘National Park System’’ and ‘‘, National Monuments,
National Volcanic Monuments, National Scenic Areas,
and no more than 21 areas of concentrated public use’’
after ‘‘National Recreation Areas’’ and inserted new
second sentence defining ‘‘area of concentrated public
use’’.
Subsec. (a)(1)(A). Pub. L. 103–66, § 10002(d), (e), designated existing provisions as cl. (i), substituted ‘‘The
annual permit shall be valid for a period of 12 months
from the date the annual fee is paid’’ for ‘‘The annual
permit shall be valid during the calendar year for
which the annual fee is paid’’, and added cl. (ii).
Subsec. (a)(4). Pub. L. 103–66, § 10001(b), substituted
‘‘for a one-time charge of $10’’ for ‘‘without charge’’.
Subsec. (b). Pub. L. 103–66, § 10002(a)(1), in first sentence, substituted ‘‘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 ‘‘toilet facilities, picnic tables, or boat
ramps: Provided, however, That a fee shall be charged
for boat launching facilities only where specialized facilities or services such as mechanical or hydraulic
boat lifts or facilities are provided: And provided further, That in no event shall there be a charge for the
use of any campground not having the following—tent
or trailer spaces, drinking water, access road, refuse
containers, toilet facilities, personal collection of the
fee by an employee or agent of the Federal agency operating the facility, reasonable visitor protection, and
simple devices for containing a campfire (where campfires are permitted).’’, and inserted new second sentence defining ‘‘specialized outdoor recreation sites’’.
Pub. L. 102–66, §§ 5001(b) and 10002(a)(2), amended subsec. (b) identically, striking out second sentence which
read as follows: ‘‘At each lake or reservoir under the jurisdiction of the Corps of Engineers, United States
Army, where camping is permitted, such agency shall
provide at least one primitive campground, containing
designated campsites, sanitary facilities, and vehicular
access, where no charge shall be imposed.’’
Subsec. (i)(1). Pub. L. 103–66, § 10002(b), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (n). Pub. L. 103–66, § 10002(c), added subsec.
(n).
1987—Subsec. (a)(1). Pub. L. 100–203, § 5201(a)(1), (2),
designated existing provisions as subpar. (A) and substituted ‘‘$25’’ for ‘‘$10’’, and added subpar. (B).
Subsec. (a)(2). Pub. L. 100–203, § 5201(a)(3), inserted at
end ‘‘The fee for a single-visit permit at any designated
area applicable to those persons entering by private,
noncommercial vehicle shall be no more than $5 per vehicle. The single-visit permit shall admit the permittee
and all persons accompanying him in a single vehicle.
The fee for a single-visit permit at any designated area

Page 570

applicable to those persons entering by any means
other than a private noncommercial vehicle shall be no
more than $3 per person. Except as otherwise provided
in this subsection, the maximum fee amounts set forth
in this paragraph shall apply to all designated areas.’’
Subsec. (a)(3). Pub. L. 100–203, § 5201(a)(4), inserted at
end ‘‘Notwithstanding any other provision of this part,
no admission fee may be charged at any unit of the National Park System which provides significant outdoor
recreation opportunities in an urban environment and
to which access is publicly available at multiple locations.’’
Subsec. (a)(6) to (12). Pub. L. 100–203, § 5201(a)(5), added
pars. (6) to (12).
Subsec. (f). Pub. L. 100–203, § 5201(b), amended subsec.
(f) generally. Prior to amendment, subsec. (f) read as
follows: ‘‘Except as otherwise provided by law or as
may be required by lawful contracts entered into prior
to September 3, 1964, providing that revenues collected
at particular Federal areas shall be credited to specific
purposes, all fees which are collected by any Federal
agency shall be covered into a special account in the
Treasury of the United States to be administered in
conjunction with, but separate from, the revenues in
the Land and Water Conservation Fund: Provided, That
the head of any Federal agency, under such terms and
conditions as he deems appropriate, may contract with
any public or private entity to provide visitor reservation services; and any such contract may provide that
the contractor shall be permitted to deduct a commission to be fixed by the agency head from the amount
charged the public for providing such services and to
remit the net proceeds therefrom to the contracting
agency. Revenues in the special account shall be available for appropriation, without prejudice to appropriations from other sources for the same purposes, for any
authorized outdoor recreation function of the agency
by which the fees were collected: Provided, however,
That not more than forty per centum of the amount so
credited may be appropriated during the five fiscal
years following the enactment of this Act for the enhancement of the fee collection system established by
this section, including the promotion and enforcement
thereof.’’
Subsecs. (i) to (m). Pub. L. 100–203, § 5201(c), added
subsecs. (i) to (m).
1980—Subsec. (a)(2). Pub. L. 96–344, § 9(1), substituted
provision defining ‘‘single visit’’ as a more or less continuous stay within a designated area and providing
that payment of a single visit admission authorizes
exits from and reentries to a single designated area for
a period of from one to fifteen days, such period to be
determined by the administrating Secretary, for provision defining ‘‘single visit’’ as the length of time a visitor remained within the exterior boundary of a designated fee area beginning from the first day he entered
until he left, except that on the same day the admission fee was paid, the visitor could leave and reenter
without paying an additional admission fee.
Subsec. (a)(5). Pub. L. 96–344, § 9(2), added par. (5).
Subsec. (b). Pub. L. 96–344, § 9(3), inserted ‘‘, or permittee under paragraph (5) of subsection (a) of this section,’’ after ‘‘Passport permittee’’.
1974—Subsec. (a). Pub. L. 93–303, § 1(b), inserted
‘‘which are operated and maintained by a Federal agency and’’ after ‘‘areas’’.
Subsec. (a)(1). Pub. L. 93–303, § 1(c), among other
changes, substituted ‘‘The permittee’’ for ‘‘Any person
purchasing the annual permit’’, inserted provisions authorizing the permittee and his spouse, children, and
parents accompanying him to enter an area where
entry is by any means other than private, noncommercial vehicles, changed provisions which relate to the
purchase of the annual permit to allow its sale at any
designated area instead of through the offices of the
Secretary of the Interior and the Secretary of Agriculture, through all post offices of the first- and second-class, and at such other offices as the Postmaster
General directed, and struck out provisions which empowered the Secretary of the Interior to transfer to the

Page 571

§ 460l–6a

TITLE 16—CONSERVATION

Postal Service from the permit receipts such funds as
are adequate to reimburse the Postal Service for the
cost of the service.
Subsec. (a)(2). Pub. L. 93–303, § 1(d), struck out ‘‘or
who enter such an area by means other than by private,
noncommercial vehicle’’ after ‘‘annual permit’’ in first
sentence. See subsec. (a)(1) of this section.
Subsec. (a)(4). Pub. L. 93–303, § 1(e), substituted ‘‘a
lifetime admission permit’’ for ‘‘an annual entrance
permit’’, limited the issuance of this permit to citizens
of, or persons domiciled in the United States, and inserted provisions to allow the permittee and his spouse
and children accompanying him to enter an area which
entry is by any means other than private, noncommercial vehicle.
Subsec. (b). Pub. L. 93–303, § 1(f), (g), among other
changes, substituted ‘‘daily recreation use fee’’ for
‘‘special recreation use fees’’, authorized a fee for boat
launching facilities where specialized facilities or services such as mechanical or hydraulic boat lifts or facilities are provided, required the Corps of Engineers to
provide at least one primitive campground where no
charge shall be imposed at each lake or reservoir under
its jurisdiction, incorporated provisions formerly in
subsec. (b)(1) allowing any Golden Age Passport permittee to utilize the recreation facilities at a rate of 50 per
centum of the established use fee, struck out the remainder of former subsec. (b)(1) which related to determination of daily use fees for overnight occupancy, and
redesignated former subsec. (b)(2) as (c).
Subsec. (c). Pub. L. 93–303, § 1(g), redesignated subsec.
(b)(2) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 93–303, § 1(g), (h), redesignated
subsec. (c) as (d), and substituted therein ‘‘a fee has
been established pursuant to this section’’ for ‘‘an admission fee or special recreation use fee has been established’’.
Subsec. (e). Pub. L. 93–303, § 1(g), (i), redesignated subsec. (d) as (e), and substituted therein ‘‘collection of
any fee established pursuant to this section’’ for ‘‘collection of any entrance fee and/or special recreation
use fee, as the case may be’’.
Subsec. (f). Pub. L. 93–303, § 1(g), (j), redesignated subsec. (e) as (f), and inserted provisions therein empowering the head of any Federal agency to contract with
any public or private entity to provide visitor reservation services.
Subsecs. (g), (h). Pub. L. 93–303, § 1(g), redesignated
subsecs. (f) and (g) as (g) and (h), respectively.
1973—Subsec. (a)(2). Pub. L. 93–81, § 2, inserted definition of ‘‘single visit’’.
Subsec. (b). Pub. L. 93–81, § 1, inserted in opening
paragraph the proviso that there shall be no charge for
the day use or recreational use of facilities such as picnic areas, boat ramps, where no mechanical or hydraulic equipment is provided, drinking water, wayside exhibits, roads, trails, overlook sites, visitors’ centers,
scenic drives and toilet facilities and that no fee be
charged for access to or use of campground not having
flush restrooms, showers, access and circulatory roads,
sanitary disposal stations, visitor protection control,
designated tent or trailer spaces, refuse containers and
potable water.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–54, title I, § 132(d), Aug. 2, 2005, 119 Stat.
526, provided that: ‘‘This section [amending this section
and section 6812 of this title and enacting provisions set
out as a note under this section] and the amendments
made by this section take effect as of December 8,
2004.’’
SAVINGS PROVISION FOR 2004 AMENDMENT
For authority of Secretary to continue to issue Golden Eagle Passports, Golden Age Passports, and Golden
Access Passports under this section until Dec. 19, 2006,
see section 6812(a) of this title.
CONSTRUCTION
Pub. L. 109–54, title I, § 132(c), Aug. 2, 2005, 119 Stat.
526, provided that: ‘‘Except as provided in this section

[amending this section and section 6812 of this title and
enacting provisions set out as a note under this section], section 4(i)(1)(C) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a(i)(1)(C)) shall be
applied and administered as if section 813(a) of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6812(a)) (and the amendments made by that section
[Pub. L. 108–447, amending this section]) had not been
enacted.’’
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, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of
Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority
vested in Inspector transferred to Secretary of Energy
by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section
719e of Title 15, Commerce and Trade. Functions and
authority vested in Secretary of Energy subsequently
transferred to Federal Coordinator for Alaska Natural
Gas Transportation Projects by section 720d(f) of Title
15.
NATIONAL PARK SERVICE ENTRANCE AND RECREATIONAL
USE FEES
Pub. L. 106–176, title III, § 310, Mar. 10, 2000, 114 Stat.
34, provided that:
‘‘(a) The Secretary of the Interior is authorized to retain and expend revenues from entrance and recreation
use fees at units of the National Park System where
such fees are collected under section 4 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a),
notwithstanding the provisions of section 4(i) of such
Act. Fees shall be retained and expended in the same
manner and for the same purposes as provided under
the Recreational Fee Demonstration Program (section
315 of Public Law 104–134, as amended (16 U.S.C. 460l–6a
note)[)].
‘‘(b) Nothing in this section shall affect the collection
of fees at units of the National Park System designated
as fee demonstration projects under the Recreational
Fee Demonstration Program.
‘‘(c) The authorities in this section shall expire upon
the termination of the Recreational Fee Demonstration Program.’’
RECREATION USER FEES
Pub. L. 106–53, title II, § 225, Aug. 17, 1999, 113 Stat.
297, provided that:
‘‘(a) WITHHOLDING OF AMOUNTS.—
‘‘(1) IN GENERAL.—During fiscal years 1999 through
2002, the Secretary [of the Army] may withhold from
the special account established under section
4(i)(1)(A) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l–6a(i)(1)(A)) 100 percent of
the amount of receipts above a baseline of $34,000,000
per each fiscal year received from fees imposed at
recreation sites under the administrative jurisdiction
of the Department of the Army under section 4(b) of
that Act (16 U.S.C. 460l–6a(b)).
‘‘(2) USE.—The amounts withheld shall be retained
by the Secretary and shall be available, without further Act of appropriation, for expenditure by the Secretary in accordance with subsection (b).

§ 460l–6b

TITLE 16—CONSERVATION

‘‘(3) AVAILABILITY.—The amounts withheld shall remain available until September 30, 2005.
‘‘(b) USE OF AMOUNTS WITHHELD.—In order to increase
the quality of the visitor experience at public recreational areas and to enhance the protection of resources, the amounts withheld under subsection (a)
may be used only for—
‘‘(1) repair and maintenance projects (including
projects relating to health and safety);
‘‘(2) interpretation;
‘‘(3) signage;
‘‘(4) habitat or facility enhancement;
‘‘(5) resource preservation;
‘‘(6) annual operation (including fee collection);
‘‘(7) maintenance; and
‘‘(8) law enforcement related to public use.
‘‘(c) AVAILABILITY.—Each amount withheld by the
Secretary [of the Army] shall be available for expenditure, without further Act of appropriation, at the specific project from which the amount, above baseline, is
collected.’’
RECREATIONAL FEE DEMONSTRATION PROGRAM
Pub. L. 108–447, div. E, title III, § 319, Dec. 8, 2004, 118
Stat. 3097, provided that: ‘‘A project undertaken by the
Forest Service under the Recreation Fee Demonstration Program as authorized by section 315 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1996, as amended [Pub. L.
104–134, title I, § 101(c), formerly set out below], shall
not result in—
‘‘(1) displacement of the holder of an authorization
to provide commercial recreation services on Federal
lands. Prior to initiating any project, the Secretary
shall consult with potentially affected holders to determine what impacts the project may have on the
holders. Any modifications to the authorization shall
be made within the terms and conditions of the authorization and authorities of the impacted agency;
and
‘‘(2) the return of a commercial recreation service
to the Secretary for operation when such services
have been provided in the past by a private sector
provider, except when—
‘‘(A) the private sector provider fails to bid on
such opportunities;
‘‘(B) the private sector provider terminates its relationship with the agency; or
‘‘(C) the agency revokes the permit for non-compliance with the terms and conditions of the authorization.
In such cases, the agency may use the Recreation Fee
Demonstration Program to provide for operations until
a subsequent operator can be found through the offering of a new prospectus.’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 108–108, title III, § 319, Nov. 10, 2003, 117 Stat.
1306.
Pub. L. 108–7, div. F, title III, § 319, Feb. 20, 2003, 117
Stat. 274.
Pub. L. 107–63, title III, § 325, Nov. 5, 2001, 115 Stat. 470.
Pub. L. 106–291, title III, § 334, Oct. 11, 2000, 114 Stat.
997.
Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 344], Nov.
29, 1999, 113 Stat. 1535, 1501A–203.
Pub. L. 105–83, title I, § 107, Nov. 14, 1997, 111 Stat.
1561, provided that: ‘‘In fiscal year 1998 and thereafter,
for those years in which the recreation fee demonstration program authorized in Public Law 104–134 [set out
below] is in effect, the fee collection support authority
provided in 16 U.S.C. 460l–6(i)(1)(B) applies only to parks
not included in the fee demonstration program, and
that the amount retained under this authority to cover
fee collection costs will not exceed those costs at the
non-demonstration parks, or 15 percent of all fees collected at non-demonstration parks in a fiscal year
whichever is less. Fee collection costs for parks included in the fee demonstration program will be covered by the fees retained at those parks.’’

Page 572

Pub. L. 104–134, title I, § 101(c) [title III, § 315], Apr. 26,
1996, 110 Stat. 1321–156, 1321–200; renumbered title I,
Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, as
amended by Pub. L. 104–208, div. A, title I, § 101(d) [title
I, title III, § 319], Sept. 30, 1996, 110 Stat. 3009–181,
3009–187, 3009–223; Pub. L. 105–18, title II, § 5001, June 12,
1997, 111 Stat. 181; Pub. L. 105–83, title III, § 320, Nov. 14,
1997, 111 Stat. 1596; Pub. L. 105–277, div. A, § 101(e) [title
III, § 327], Oct. 21, 1998, 112 Stat. 2681–231, 2681–291; Pub.
L. 106–291, title III, § 336, Oct. 11, 2000, 114 Stat. 997; Pub.
L. 107–63, title III, § 312, Nov. 5, 2001, 115 Stat. 466; Pub.
L. 108–108, title III, § 332, Nov. 10, 2003, 117 Stat. 1309;
Pub. L. 108–447, div. E, title III, § 331, Dec. 8, 2004, 118
Stat. 3099, directed the Secretary of the Interior and
Secretary of Agriculture to implement fee programs to
demonstrate the feasibility of user-generated cost recovery for operation and maintenance of recreation
areas or sites and habitat enhancement projects on
Federal lands and to establish various requirements for
carrying out the pilot programs, prior to repeal by Pub.
L. 108–447, div. J, title VIII, § 813(b), Dec. 8, 2004, 118
Stat. 3390.
STUDY TO ASSESS TRAFFIC CONGESTION AND
OVERCROWDING AT CERTAIN PARK SYSTEM UNITS
Section 5201(e) of Pub. L. 100–203 directed Secretary of
the Interior to assess extent to which traffic congestion
and overcrowding occurs at certain park system units
during times of seasonally high usage and to conduct a
study of (A) feasibility of reducing vehicular traffic
within national park system units through fee reductions for visitors traveling by bus and through other
means which could shift visitation from automobiles to
buses, and (B) feasibility of encouraging more even seasonal distribution of visitation, with study to include a
pilot project to be carried out in Yosemite National
Park, and a report containing results of study to be
transmitted to Committee on Interior and Insular Affairs of House of Representatives and to Committee on
Energy and Natural Resources of Senate within 3 years
after Dec. 22, 1987.
PROHIBITION ON ENTRANCE FEE AT STATUE OF LIBERTY
NATIONAL MONUMENT
Pub. L. 100–55, June 19, 1987, 101 Stat. 371, provided:
‘‘That, notwithstanding any other provision of law,
after the date of enactment of this Act [June 19, 1987],
the Secretary of the Interior shall not charge any entrance or admission fee at the Statue of Liberty National Monument, New Jersey and New York.’’
ESTABLISHMENT AND COLLECTION OF USE OR ROYALTY
FEES FOR MANUFACTURE, REPRODUCTION, OR USE OF
‘‘GOLDEN EAGLE INSIGNIA’’
Section 3(a) of Pub. L. 92–347 provided that: ‘‘The Secretary of the Interior may establish and collect use or
royalty fees for the manufacture, reproduction, or use
of ‘The Golden Eagle Insignia’, originated by the Department of the Interior and announced in the December 3, 1970, issue of the Federal Register (35 Federal
Register 18376) as the official symbol for Federal recreation areas designated for recreation fee collection.
Any fees collected pursuant to this subsection shall be
covered into the Land and Water Conservation Fund.’’
TERMINATION OF RIGHTS IN ‘‘GOLDEN EAGLE INSIGNIA’’
Section 3(d) of Pub. L. 92–347 provided that: ‘‘The
rights in ‘The Golden Eagle Insignia’ under this Act
[which enacted this section and section 715 of title 18,
enacted notes set out hereunder, and repealed note set
out under section 460l–5 of this title], shall terminate if
the use by the Secretary of the Interior of ‘The Golden
Eagle Insignia’ is abandoned. Nonuse for a continuous
period of two years shall constitute abandonment.’’

§ 460l–6b. Repealed. Pub. L. 100–203, title V,
§ 5201(d)(2), Dec. 22, 1987, 101 Stat. 1330–267
Section, Pub. L. 96–87, title IV, § 402, Oct. 12, 1979, 93
Stat. 666; Pub. L. 96–487, title II, § 202(3)(a), Dec. 2, 1980,

Page 573

§ 460l–6d

TITLE 16—CONSERVATION

94 Stat. 2382, prohibited entrance or admission fees in
excess of amounts in effect Jan. 1, 1979, at any unit of
National Park System and user fees for transportation
services and facilities in Denali National Park, Alaska.

(Pub. L. 103–66, title I, § 1401, Aug. 10, 1993, 107
Stat. 331.)

§ 460l–6c. Admission, entrance, and recreation
fees

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.

(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

§ 460l–6d. Commercial filming
(a) Commercial filming fee
The Secretary of the Interior and the Secretary of Agriculture (hereafter individually referred to as the ‘‘Secretary’’ with respect to
lands under their respective jurisdiction) shall
require a permit and shall establish a reasonable
fee for commercial filming activities or similar
projects on Federal lands administered by the
Secretary. Such fee shall provide a fair return to
the United States and shall be based upon the
following criteria:
(1) The number of days the filming activity
or similar project takes place on Federal land
under the Secretary’s jurisdiction.
(2) The size of the film crew present on Federal land under the Secretary’s jurisdiction.
(3) The amount and type of equipment
present.
The Secretary may include other factors in determining an appropriate fee as the Secretary
deems necessary.
(b) Recovery of costs
The Secretary shall also collect any costs incurred as a result of filming activities or similar
project, including but not limited to administrative and personnel costs. All costs recovered
shall be in addition to the fee assessed in subsection (a) of this section.
(c) Still photography
(1) Except as provided in paragraph (2), the
Secretary shall not require a permit nor assess
a fee for still photography on lands administered
by the Secretary if such photography takes
place where members of the public are generally
allowed. The Secretary may require a permit,
fee, or both, if such photography takes place at
other locations where members of the public are
generally not allowed, or where additional administrative costs are likely.
(2) The Secretary shall require and shall establish a reasonable fee for still photography that
uses models or props which are not a part of the
site’s natural or cultural resources or administrative facilities.
(d) Protection of resources
The Secretary shall not permit any filming,
still photography or other related activity if the
Secretary determines—
(1) there is a likelihood of resource damage;
(2) there would be an unreasonable disruption of the public’s use and enjoyment of the
site; or
(3) that the activity poses health or safety
risks to the public.
(e) Use of proceeds
(1) All fees collected under this section shall
be available for expenditure by the Secretary,

§ 460l–7

TITLE 16—CONSERVATION

without further appropriation, in accordance
with the formula and purposes established for
the Recreational Fee Demonstration Program
(Public Law 104–134). All fees collected shall remain available until expended.
(2) All costs recovered under this section shall
be available for expenditure by the Secretary,
without further appropriation, at the site where
collected. All costs recovered shall remain available until expended.
(f) Processing of permit applications
The Secretary shall establish a process to ensure that permit applicants for commercial
filming, still photography, or other activity are
responded to in a timely manner.
(Pub. L. 106–206, § 1, May 26, 2000, 114 Stat. 314.)
REFERENCES IN TEXT
Public Law 104–134, referred to in subsec. (e)(1), is
Pub. L. 104–134, Apr. 26, 1996, 110 Stat. 1321, known as
the Omnibus Consolidated Rescissions and Appropriations Act of 1996. The Recreational Fee Demonstration
Program was authorized by Pub. L. 104–134, title I,
§ 101(c) [title III, § 315], Apr. 26, 1996, 110 Stat. 1321–156,
1321–200, as amended, which was set out as a note under
section 460l–6a of this title, prior to repeal by Pub. L.
108–447, div. J, title VIII, § 813(b), Dec. 8, 2004, 118 Stat.
3390. For complete classification of Pub. L. 104–134 to
the Code, see Tables.
CODIFICATION
Section was not enacted 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 section 460l–5 of this
title. Amounts credited to this account shall remain in the account until appropriated. Appropriations from the special account shall be
available only with respect to areas existing and
authorizations enacted prior to the convening of
the Ninety-fifth Congress, for acquisition of
lands, waters, or interests in lands or waters
within the exterior boundaries, as aforesaid, of—
(1) the national park system;
(2) national scenic trails;
(3) the national wilderness preservation system;
(4) federally administered components of the
National Wild and Scenic Rivers System; and
(5) national recreation areas administered
by the Secretary of Agriculture.
(Pub. L. 88–578, title I, § 5, formerly § 4, Sept. 3,
1964, 78 Stat. 900; Pub. L. 90–401, § 3, July 15, 1968,
82 Stat. 355; renumbered § 5, Pub. L. 92–347, § 2,
July 11, 1972, 86 Stat. 459; amended Pub. L.

Page 574

94–273, § 3(4), Apr. 21, 1976, 90 Stat. 376; Pub. L.
94–422, title I, § 101(2), Sept. 28, 1976, 90 Stat. 1314;
Pub. L. 95–42, § 1(2), June 10, 1977, 91 Stat. 210.)
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 Pub. L. 88–578 was renumbered
section 6 and is classified to section 460l–8 of this title.
AMENDMENTS
1977—Pub. L. 95–42 inserted last four sentences providing that appropriations from the fund up to and including $600,000,000 in fiscal year 1978 and up to and including $750,000,000 in fiscal year 1979 continue to be allocated in accordance with this section, that there be
credited to a special account within the fund
$300,000,000 in fiscal year 1978 and $150,000,000 in fiscal
year 1979 from the amounts authorized by section 460l–5
of this title, that amounts credited to this account remain in the account until appropriated, and that appropriations from the special account be available only
with respect to areas existing and authorizations enacted prior to the convening of the Ninety-fifth Congress, for acquisition of lands, waters, or interests in
lands or waters within the exterior boundaries of the
national park system, national scenic trails, the national wilderness preservation system, federally administered components of the National Wild and Scenic
Rivers System, and national recreation areas administered by the Secretary of Agriculture.
1976—Pub. L. 94–422 revised subsec. (a), striking out
designation ‘‘(a)’’ and striking out provisions relating
to the authority of the President to vary percentages of
the fund to be made available to the States and Federal
government, and struck out subsec. (b) relating to advance appropriations to be allocated for State and Federal purposes and the schedule and procedure for repayment of such appropriations.
Subsec. (b). Pub. L. 94–273 substituted ‘‘October’’ for
‘‘July’’ wherever appearing.
1968—Subsec. (b). Pub. L. 90–401 substituted ‘‘until the
end of fiscal year 1969’’ for ‘‘for a total of eight years’’
in provision spelling out the term during which the advance appropriations are authorized from moneys in
the Treasury not otherwise appropriated in amounts
averaging not more than $60,000,000 for each fiscal year.

§ 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:

Page 575

TITLE 16—CONSERVATION

(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 1
(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
sections 460l–4 to 460l–6a and 460l–7 to 460l–10e
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
1 So in original. Probably should end with period instead of
‘‘; and’’.

§ 460l–8

by the Secretary of financial assistance for acquisition or development projects. The plan
shall be adequate if, in the judgment of the Secretary, it encompasses and will promote the purposes of this part: Provided, That no plan shall
be approved unless the Governor of the respective State certifies that ample opportunity for
public participation in plan development and revision has been accorded. The Secretary shall
develop, in consultation with others, criteria for
public participation, which criteria shall constitute the basis for the certification by the
Governor. The plan shall contain—
(1) the name of the State agency that will
have authority to represent and act for the
State in dealing with the Secretary for purposes of this part;
(2) an evaluation of the demand for and supply of outdoor recreation resources and facilities in the State;
(3) a program for the implementation of the
plan; and
(4) other necessary information, as may be
determined by the Secretary.
The plan shall take into account relevant Federal resources and programs and shall be correlated so far as practicable with other State,
regional, and local plans. Where there exists or
is in preparation for any particular State a comprehensive plan financed in part with funds supplied by the Housing and Home Finance Agency,
any statewide outdoor recreation plan prepared
for purposes of this part shall be based upon the
same population, growth, and other pertinent
factors as are used in formulating the Housing
and Home Finance Agency financed plans.
The Secretary may provide financial assistance to any State for projects for the preparation of a comprehensive statewide outdoor
recreation plan when such plan is not otherwise
available or for the maintenance of such plan.
For fiscal year 1988 and thereafter each comprehensive statewide outdoor recreation plan
shall specifically address wetlands within that
State as an important outdoor recreation resource as a prerequisite to approval, except that
a revised comprehensive statewide outdoor
recreation plan shall not be required by the Secretary, if a State submits, and the Secretary,
acting through the Director of the National
Park Service, approves, as a part of and as an
addendum to the existing comprehensive statewide outdoor recreation plan, a wetlands priority plan developed in consultation with the
State agency with responsibility for fish and
wildlife resources and consistent with the national wetlands priority conservation plan developed under section 3921 of this title or, if such
national plan has not been completed, consistent with the provisions of that section 2
(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
2 So

in original. Probably should be followed by a period.

§ 460l–8

TITLE 16—CONSERVATION

interests therein as identified in the wetlands
provisions of the comprehensive plan (other
than land, waters, or interests in land or waters acquired from the United States for less
than fair market value), but not including incidental costs relating to acquisition.
Whenever a State provides that the owner of
a single-family residence may, at his option,
elect to retain a right of use and occupancy
for not less than six months from the date of
acquisition of such residence and such owner
elects to retain such a right, such owner shall
be deemed to have waived any benefits under
sections 4623, 4624, 4625, and 4626 of title 42 and
for the purposes of those sections such owner
shall not be considered a displaced person as
defined in section 4601(6) of title 42.
(2) For development of basic outdoor recreation facilities to serve the general public, including the development of Federal lands
under lease to States for terms of twenty-five
years or more: Provided, That no assistance
shall be available under this part to enclose or
shelter facilities normally used for outdoor
recreation activities, but the Secretary may
permit local funding, and after September 28,
1976, not to exceed 10 per centum of the total
amount allocated to a State in any one year to
be used for sheltered facilities for swimming
pools and ice skating rinks in areas where the
Secretary determines that the severity of climatic conditions and the increased public use
thereby made possible justifies the construction of such facilities.
(f) Requirements for project approval; conditions; progress payments; payments to Governors or State officials or agencies; State
transfer of funds to public agencies; conversion of property to other uses; reports to Secretary; accounting; records; audit; 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 re-

Page 576

sponsibility 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.: 3 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) Repealed. Pub. L. 104–333, div. I, title VIII,
§ 814(d)(1)(H), Nov. 12, 1996, 110 Stat. 4196.
(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
3 So

in original. The period probably should not appear.

Page 577

Act of 1961 [42 U.S.C. 1500 et seq.] and section
701 4 of the Housing Act of 1954) and to assure coordination of the planning, acquisition, and development assistance to States under this section with other related Federal programs and
activities, the President may issue such regulations with respect thereto as he deems desirable
and such assistance may be provided only in accordance with such regulations.
(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.
(Pub. L. 88–578, title I, § 6, formerly § 5, Sept. 3,
1964, 78 Stat. 900; renumbered § 6, Pub. L. 92–347,
§ 2, July 11, 1972, 86 Stat. 459; amended Pub. L.
93–303, § 2, June 7, 1974, 88 Stat. 194; Pub. L.
94–422, title I, § 101(3), Sept. 28, 1976, 90 Stat. 1314;
Pub. L. 95–625, title VI, § 606, Nov. 10, 1978, 92
Stat. 3519; Pub. L. 99–645, title III, § 303, Nov. 10,
1986, 100 Stat. 3587; Pub. L. 103–322, title IV,
§ 40133, Sept. 13, 1994, 108 Stat. 1918; Pub. L.
103–437, § 6(p)(2), Nov. 2, 1994, 108 Stat. 4586; Pub.
L. 104–333, div. I, title VIII, § 814(d)(1)(H), Nov. 12,
1996, 110 Stat. 4196.)
4 See

References in Text note below.

§ 460l–8

TITLE 16—CONSERVATION
REFERENCES IN TEXT

This part, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 88–578, Sept. 3, 1964, 78
Stat. 897, which is classified principally to this part.
For complete classification of this Act to the Code, see
Short Title note set out under section 460l–4 of this
title and Tables.
The Housing Act of 1961, referred to in subsec. (g), is
Pub. L. 87–70, June 30, 1961, 75 Stat. 149, as amended.
Title VII of the Housing Act of 1961 was classified generally to chapter 8C (§ 1500 et seq.) of Title 42, The Public Health and Welfare, and was omitted from the Code
pursuant to section 5316 of Title 42 which terminated
authority to make grants or loans under title VII of
that Act after Jan. 1, 1975. For complete classification
of this Act to the Code, see Short Title of 1961 Amendment note set out under section 1701 of Title 12, Banks
and Banking, and Tables.
Section 701 of the Housing Act of 1954, referred to in
subsec. (g), is section 701 of act Aug. 2, 1954, ch. 649,
title VII, 68 Stat. 640, as amended, which was classified
to section 461 of former Title 40, Public Buildings,
Property, and Works, and was repealed by Pub. L. 97–35,
title III, § 313(b), Aug. 13, 1981, 95 Stat. 398.
PRIOR PROVISIONS
A prior section 6 of Pub. L. 88–578 was renumbered
section 7 and is classified to section 460l–9 of this title.
AMENDMENTS
1996—Subsec. (f)(7). Pub. L. 104–333 struck out par. (7)
relating to annual State evaluations, lists of funded
projects, and reports.
1994—Subsec. (f)(7). Pub. L. 103–437 substituted ‘‘Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate’’ for ‘‘Committees on Interior and
Insular Affairs of the United States Congress’’.
Subsec. (h). Pub. L. 103–322 added subsec. (h).
1986—Subsec. (d). Pub. L. 99–645, § 303(1), inserted provision requiring that for fiscal year 1988 and thereafter,
each comprehensive statewide outdoor recreation plan
specifically address wetlands within the State as an
important outdoor recreation resource, or alternatively, submission of a wetlands priority plan developed in consultation with the State agency responsible
for fish and wildlife resources in the State.
Subsec. (e)(1). Pub. L. 99–645, § 303(2), inserted ‘‘, or
wetland areas and interests therein as identified in the
wetlands provisions of the comprehensive plan’’.
Subsec. (f)(3). Pub. L. 99–645, § 303(3), inserted provision that wetland areas and interests therein as identified in the wetlands provisions of the comprehensive
plan and proposed to be acquired as suitable replacement property within that same State that is otherwise acceptable to the Secretary, acting through the
Director of the National Park Service, shall be considered to be of reasonably equivalent usefulness with the
property proposed for conversion.
1978—Subsec. (f)(7). Pub. L. 95–625 provided that grant
program evaluations be transmitted so as to be received by the Secretary no later than December 31 and
that reports to Congressional committees be made by
no later than March 1 of each year.
1976—Subsec. (a). Pub. L. 94–422 reenacted subsec. (a)
without change.
Subsec. (b)(1). Pub. L. 94–422 substituted ‘‘Forty per
centum of the first $275,000,000; thirty per centum of the
next $275,000,000; and twenty per centum of all additional appropriations’’ for ‘‘two-fifths’’.
Subsec. (b)(2). Pub. L. 94–422 substituted ‘‘At any
time, the remaining appropriations’’ for ‘‘three-fifths’’.
Subsec. (b)(3). Pub. L. 94–422 designated as par. (3) the
first paragraph following par. (2), and substituted ‘‘10
per centum’’ for ‘‘7 per centum’’.
Subsec. (b)(4). Pub. L. 94–422 designated as par. (4) the
second paragraph following par. (2), and substituted ‘‘in
accordance with paragraph 2 of this subsection, without regard to the 10 per centum limitation to an indi-

§ 460l–9

TITLE 16—CONSERVATION

vidual State specified in this subsection’’ for ‘‘in accordance with paragraph 2 of this subsection’’.
Subsec. (b)(5). Pub. L. 94–422 designated as par. (5) the
third paragraph following par. (2), and added Northern
Mariana Islands to those areas to be treated and provision that such areas be treated collectively as one
State for purposes of subsec. (b)(1) and substituted requirement that a State shall receive shares of apportionment in proportion to their population for requirement that the State’s population shall be included as
part of the total population in computing apportionment under subsec. (b)(2).
Subsec. (c). Pub. L. 94–422 reenacted subsec. (c) without change.
Subsec. (d). Pub. L. 94–422 inserted proviso that no
plan shall be approved unless certified by the Governor
that public participation in plan development and revision has been accorded and that the Secretary shall develop criteria for public participation to form basis of
certification by Governor.
Subsec. (e). Pub. L. 94–422 inserted proviso that no assistance shall be available under this part to enclose or
shelter facilities normally used for outdoor recreation
activities and authorized Secretary to permit local
funding after Sept. 28, 1976, not to exceed 10 per centum
of total amount allocated to States.
Subsec. (f). Pub. L. 94–422 designated existing six
paragraphs as pars. (1) to (6), respectively, and added
pars. (7) and (8).
Subsec. (g). Pub. L. 94–422 reenacted subsec. (g) without change.
1974—Subsec. (e)(1). Pub. L. 93–303 inserted sentence
relating to waiver of benefits by an owner of a singlefamily residence who elects to retain a right of use and
occupancy for not less than six months from the date
of acquisition of the residence.
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 (Pub. L. 89–174, Sept. 9, 1965, 79 Stat.
669) which is classified to section 3534(a) of Title 42, The
Public Health and Welfare.
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.

§ 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 ap-

Page 578

proved by the National Forest Reservation
Commission subsequent to the date of this
Act, all of which other areas are primarily of
value for outdoor recreation purposes: Provided, That lands outside of but adjacent to an
existing national forest boundary, not to exceed three thousand acres in the case of any
one forest, which would comprise an integral
part of a forest recreational management area
may also be acquired with moneys appropriated from this fund: Provided further, That
except for areas specifically authorized by Act
of Congress, not more than 15 per centum of
the acreage added to the National Forest System pursuant to this section shall be west of
the 100th meridian.
National Wildlife Refuge System—Acquisition
for (a) endangered species and threatened species authorized under section 1534(a) of this
title; (b) areas authorized by section 460k–1 of
this title; (c) national wildlife refuge areas
under section 742f(a)(4) of this title and wetlands acquired under section 3922 of this title;
(d) any areas authorized for the National Wildlife Refuge System by specific Acts.
(2) For payment into miscellaneous receipts of
the Treasury as a partial offset for those capital
costs, if any, of Federal water development
projects hereafter authorized to be constructed
by or pursuant to an Act of Congress which are
allocated to public recreation and the enhancement of fish and wildlife values and financed
through appropriations to water resource agencies.
(3) Appropriations allotted for the acquisition
of land, waters, or interests in land or waters as
set forth under the headings ‘‘National Park
System; Recreation Areas’’ and ‘‘National Forest System’’ in paragraph (1) of this subsection
shall be available therefor notwithstanding any
statutory ceiling on such appropriations contained in any other provision of law enacted
prior to the convening of the Ninety-fifth Congress or, in the case of national recreation
areas, prior to the convening of the Ninety-sixth
Congress; except that for any such area expenditures may not exceed a statutory ceiling during
any one fiscal year by 10 per centum of such
ceiling or $1,000,000, whichever is greater.
(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; authority of
Secretary
(1) 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
Resources of the House of Representatives and
to the Committee on Energy and Natural Resources of the Senate of his intention to do so,

Page 579

§ 460l–9

TITLE 16—CONSERVATION

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; 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.
(2) For the purposes of clause (i) of paragraph
(1), in all cases except the case of technical
boundary revisions (resulting from such causes
as survey error or changed road alignments), the
authority of the Secretary under such clause (i)
shall apply only if each of the following conditions is met:
(A) The sum of the total acreage of lands,
waters, and interests therein to be added to
the area and the total such acreage to be deleted from the area is not more than 5 percent
of the total Federal acreage authorized to be
included in the area and is less than 200 acres
in size.
(B) The acquisition, if any, is not a major
Federal action significantly affecting the
quality of the human environment, as determined by the Secretary.
(C) The sum of the total appraised value of
the lands, waters, and interests therein to be
added to the area and the total appraised
value of the lands, waters, and interests therein to be deleted from the area does not exceed
$750,000.
(D) The proposed boundary revision is not an
element of a more comprehensive boundary
modification proposal.
(E) The proposed boundary has been subject
to a public review and comment period.
(F) The Director of the National Park Service obtains written consent for the boundary
modification from all property owners whose
lands, waters, or interests therein, or a portion of whose lands, waters, or interests therein, will be added to or deleted from the area by
the boundary modification.

(G) The lands abut other Federal lands administered by the Director of the National
Park Service.
Minor boundary revisions involving only deletions of acreage owned by the Federal Government and administered by the National Park
Service may be made only by Act of Congress.
(Pub. L. 88–578, title I, § 7, formerly § 6, Sept. 3,
1964, 78 Stat. 903; Pub. L. 90–401, § 1(c), July 15,
1968, 82 Stat. 355; renumbered § 7, Pub. L. 92–347,
§ 2, July 11, 1972, 86 Stat. 459; amended Pub. L.
93–205, § 13(c), Dec. 28, 1973, 87 Stat. 902; Pub. L.
94–422, title I, § 101(4), Sept. 28, 1976, 90 Stat. 1317;
Pub. L. 95–42, § 1(3)–(5), June 10, 1977, 91 Stat. 210,
211; Pub. L. 96–203, § 2, Mar. 10, 1980, 94 Stat. 81;
Pub. L. 99–645, title III, § 302, Nov. 10, 1986, 100
Stat. 3587; Pub. L. 103–437, § 6(p)(3), Nov. 2, 1994,
108 Stat. 4586; Pub. L. 104–333, div. I, title VIII,
§ 814(b), (d)(2)(C), Nov. 12, 1996, 110 Stat. 4194,
4196; Pub. L. 106–176, title I, §§ 120(b), 129, Mar. 10,
2000, 114 Stat. 28, 30.)
REFERENCES IN TEXT
The effective date of this Act, referred to in subsec.
(a)(1), means the effective date of Pub. L. 88–578, which
was Jan. 1, 1965. See Effective Date note set out under
section 460l–4 of this title.
The convening of the Ninety-fifth Congress, referred
to in subsec. (a)(3), took place on Jan. 4, 1977.
The convening of the Ninety-sixth Congress, referred
to in subsec. (a)(3), took place on Jan. 15, 1979.
PRIOR PROVISIONS
A prior section 7 of Pub. L. 88–578 was renumbered
section 8 and is classified to section 460l–10 of this title.
AMENDMENTS
2000—Subsec. (c). Pub. L. 106–176, § 129, which directed
the amendment of section 814(b)(2)(G) of Pub. L. 104–333
by substituting ‘‘abut’’ for ‘‘are adjacent to’’ was executed by making the substitution in subsec. (c)(2)(G) of
this section which had been added by section
814(b)(2)(B) of Pub. L. 104–333, to reflect the probable intent of Congress. See 1996 Amendment note below.
Subsec. (c)(2)(C). Pub. L. 106–176, § 120(b)(1), substituted ‘‘lands, waters, and interests therein’’ for
‘‘lands, water, and interest therein’’.
Subsec. (c)(2)(F). Pub. L. 106–176, § 120(b)(2), substituted ‘‘lands, waters, or interests therein, or a portion of whose lands, waters, or interests therein,’’ for
‘‘lands, water, or interests therein, or a portion of
whose lands, water, or interests therein,’’.
1996—Subsec. (a)(3). Pub. L. 104–333, § 814(d)(2)(C),
struck out at end ‘‘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.’’
Subsec. (c). Pub. L. 104–333, § 814(b)(2)(B), as amended
by Pub. L. 106–176, § 129, designated existing provisions
as par. (1) and added par. (2).
Pub. L. 104–333, § 814(b)(1), (2)(A), substituted ‘‘Committee on Resources’’ for ‘‘Committee on Natural Resources’’ and struck out ‘‘: Provided, however, That such
authority shall apply only to those boundaries established subsequent to January 1, 1965’’ before ‘‘; and
(ii)’’.
1994—Subsecs. (a)(3), (c). Pub. L. 103–437 substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
after ‘‘Committee on’’.

§ 460l–10

TITLE 16—CONSERVATION

1986—Subsec. (a)(1). Pub. L. 99–645, in provisions relating to the National Wildlife Refuge System, substituted ‘‘national wildlife refuge areas under section
742f(a)(4) of this title and wetlands acquired under section 3922 of this title’’ for ‘‘national wildlife refuge
areas under section 742f(a)(5) of this title except migratory waterfowl areas which are authorized to be acquired by the Migratory Bird Conservation Act of 1929,
as amended’’.
1980—Subsec. (a)(3). Pub. L. 96–203, § 2(1), inserted provisions relating to applicability to national recreation
areas.
Subsec. (c). Pub. L. 96–203, § 2(2), substituted ‘‘apply
only to those boundaries established subsequent to
January 1, 1965’’ for ‘‘expire ten years from the date of
enactment of the authorizing legislation establishing
such boundaries’’.
1977—Subsec. (a)(3). Pub. L. 95–42, § 1(3), added par. (3).
Subsec. (b). Pub. L. 95–42, § 1(4), inserted proviso that
appropriations from the fund may be used for preacquisition work in instances where authorization is
imminent and where substantial monetary savings
could be realized.
Subsec. (c). Pub. L. 95–42, § 1(5), added subsec. (c).
1976—Subsec. (a)(1). Pub. L. 94–422 in paragraph designated ‘‘National Forest System’’ inserted ‘‘or purchase units approved by the National Forest Reservation Commission, subsequent to September 3, 1965, all
of’’ after ‘‘January 1, 1965,’’ and substituted ‘‘three
thousand’’ for ‘‘five hundred’’ and incorporated provisions contained in paragraphs designated ‘‘Endangered
Species and Threatened Species’’ and ‘‘Recreation at
refuges’’ into paragraph designated ‘‘National Wildlife
Refuge System’’ inserting references to section
742f(a)(5) of this title, the Migratory Bird Conservation
Act of 1929, and areas authorized for the National Wildlife Refuge System by specific Acts.
Subsec. (b). Pub. L. 94–422 reenacted subsec. (b) without change.
1973—Subsec. (a)(1). Pub. L. 93–205 substituted reference to ‘‘Endangered species and threatened species’’
followed by a definition covering ‘‘lands, waters, or interests therein, the acquisition of which is authorized
under section 1533(a) of this title, needed for the purpose of conserving endangered or threatened species of
fish or wildlife or plants’’ for a reference to ‘‘Threatened species’’ followed by a definition covering ‘‘any
national area which may be authorized for the preservation of species of fish or wildlife that are threatened
with extinction’’.
1968—Subsec. (a). Pub. L. 90–401 struck out ‘‘in substantially the same proportion as the number of visitor-days in areas and projects hereinafter described for
which admission fees are charged under section 460l–5 of
this title’’ after ‘‘purposes and subpurposes’’ in text
preceding par. (1).
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93–205 effective Dec. 28, 1973,
see section 16 of Pub. L. 93–205, set out as an Effective
Date note under section 1531 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
For effective date of amendment by Pub. L. 90–401,
see section 1(d) of Pub. L. 90–401, as amended by section
1 of Pub. L. 91–308, set out as a note under section 460l–5
of this title.

§ 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 section 460l–5 of this title shall not be available for

Page 580

publicity purposes: Provided, however, That in
each case where significant acquisition or development is initiated, appropriate standardized
temporary signing shall be located on or near
the affected site, to the extent feasible, so as to
indicate the action taken is a product of funding
made available through the Land and Water
Conservation Fund. Such signing may indicate
the per centum and dollar amounts financed by
Federal and non-Federal funds, and that the
source of the funding includes moneys derived
from Outer Continental Shelf receipts. The Secretary shall prescribe standards and guidelines
for the usage of such signing to assure consistency of design and application.
(Pub. L. 88–578, title I, § 8, formerly § 7, Sept. 3,
1964, 78 Stat. 903; renumbered § 8, Pub. L. 92–347,
§ 2, July 11, 1972, 86 Stat. 459; amended Pub. L.
94–422, title I, § 101(5), Sept. 28, 1976, 90 Stat.
1318.)
PRIOR PROVISIONS
A prior section 8 of Pub. L. 88–578 was renumbered
section 9 and is classified to section 460l–10a of this
title.
AMENDMENTS
1976—Pub. L. 94–422 inserted proviso that temporary
standardized signs shall be placed at or near any acquisition or development project undertaken through use
of the fund and that the Secretary is to determine the
standards and guidelines of such signing.

§ 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 section
460l–6 of this title may be obligated by contract
during each fiscal year for the acquisition of
lands, waters, or interests therein within areas
specified in section 460l–9(a)(1) of this title. Any
such contract may be executed by the head of
the department concerned, within limitations
prescribed by the Secretary of the Interior. Any
such contract so entered into shall be deemed a
contractual obligation of the United States and
shall be liquidated with money appropriated
from the fund specifically for liquidation of such
contract obligation. No contract may be entered
into for the acquisition of property pursuant to
this section unless such acquisition is otherwise
authorized by Federal law.
(Pub. L. 88–578, title I, § 9, formerly § 8, as added
Pub. L. 90–401, § 4, July 15, 1968, 82 Stat. 355;
amended Pub. L. 91–308, § 3, July 7, 1970, 84 Stat.
410; renumbered § 9, Pub. L. 92–347, § 2, July 11,
1972, 86 Stat. 459, and amended Pub. L. 93–303, § 3,
June 7, 1974, 88 Stat. 194.)
PRIOR PROVISIONS
A prior section 9 of Pub. L. 88–578 was renumbered
section 10 and is classified to section 460l–10b of this
title.
AMENDMENTS
1974—Pub. L. 93–303 substituted ‘‘section 7(a)(1)’’ for
‘‘section 6(a)(1)’’, which, for purposes of codification, is
translated as ‘‘section 460l–9(a)(1)’’.
1970—Pub. L. 91–308 substituted ‘‘fiscal year’’ for ‘‘of
fiscal years 1969 and 1970’’.

Page 581

§ 460l–10d

TITLE 16—CONSERVATION

RESCISSION OF CONTRACT AUTHORITY
Provisions rescinding contract authority provided for
specific fiscal years by 16 U.S.C. 460l–10a were contained
in the following appropriation acts:
Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat.
2912.
Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat.
709.
Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat.
2106.
Pub. L. 109–289, div. B, title II, § 20504, as added by
Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 26.
Pub. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 509.
Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat.
3050.
Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1251.
Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 226.
Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 425.
Pub. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 930.
Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29,
1999, 113 Stat. 1535, 1501A–143.
Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998,
112 Stat. 2681–231, 2681–240.
Pub. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1550.
Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept.
30, 1996, 110 Stat. 3009–181, 3009–188.
Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996,
110 Stat. 1321–156, 1321–163; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2506.
Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat. 1386.
Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1383.
Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 998.
Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1922.
Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 708.
Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1781.
Pub. L. 100–202, § 101(g) [title I], Dec. 22, 1987, 101 Stat.
1329–213, 1329–221.
Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 414.
Pub. L. 99–349, title I, July 2, 1986, 100 Stat. 731.

§ 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 section 460l–6 of this title may
be expended by the Secretary in any one fiscal
year for such options.
(Pub. L. 88–578, title I, § 10, formerly § 9, as added
Pub. L. 90–401, § 4, July 15, 1968, 82 Stat. 355; renumbered § 10, Pub. L. 92–347, § 2, July 11, 1972, 86
Stat. 459.)
PRIOR PROVISIONS
A prior section 10 of Pub. L. 88–578 was renumbered
section 11 and is classified to section 460l–10c of this
title.

§ 460l–10c. Repeal of provisions prohibiting collection of recreation fees or user charges
All other 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 also repealed: Provided, That no provi-

sion of any law or treaty which extends to any
person or class of persons a right of free access
to the shoreline of any reservoir or other body of
water, or to hunting and fishing along or on
such shoreline, shall be affected by this repealer.
(Pub. L. 88–578, title I, § 11, formerly § 2(a) (in
part), Sept. 3, 1964, 78 Stat. 899; renumbered § 10,
Pub. L. 90–401, § 1(a), July 15, 1968, 82 Stat. 354;
renumbered § 11, Pub. L. 92–347, § 2, July 11, 1972,
86 Stat. 459.)
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 88–578, Sept. 3, 1964, 78
Stat. 897, which is classified principally to this part.
For complete classification of this Act to the Code, see
Short Title note set out under section 460l–4 of this
title and Tables.
CODIFICATION
In addition to the text set out in the section above,
the original contained provisions directing the repeal
of section 14 of this title and the deletion of ‘‘, without
charge,’’ in the sentence of section 460d of this title beginning ‘‘The water areas of all such projects shall be
open to public use generally’’. The repeals and deletions called for by those provisions were executed as
thus directed so that those provisions have been omitted from the text as executed.
Section formerly constituted the fourth paragraph of
section 2(a) of Pub. L. 88–578 which was classified to
section 460l–5(a) of this title. The paragraph was lifted
out of section 2(a) and redesignated section 10 by section 1(a) of Pub. L. 90–401, which, for purposes of classification, resulted in the designation of the paragraph as
section 460l–10c of this title [this section].
EFFECTIVE DATE
Section effective Jan. 1, 1965, see note set out under
section 460l–4 of this title. Transfer of the provisions of
this section from section 460l–5(a) of this title to this
section effective Dec. 31, 1971, see section 1(d) of Pub. L.
90–401, as amended by section 1 of Pub. L. 91–308, set out
as an Effective Date of 1968 Amendment note under section 460l–5 of this title.

§ 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

§ 460l–10e

TITLE 16—CONSERVATION

affected cities, counties, and States on the alternatives and courses of action identified.
(Pub. L. 88–578, title I, § 12, as added Pub. L.
94–422, title I, § 101(6), Sept. 28, 1976, 90 Stat.
1318.)
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.

§ 460l–10e. Advisory Commission on water-based
recreation
(a) Appointment; report
The President shall appoint an advisory commission to review the opportunities for enhanced opportunities for water-based recreation
which shall submit a report to the President and
to the Committee on Energy and Natural Resources of the Senate and to the Committee on
Transportation and Infrastructure and the Committee on Resources of the House of Representatives within one year from November 12, 1996.
(b) Members
The members of the Commission shall include—
(1) the Secretary of the Interior, or his designee;
(2) the Secretary of the Army, or his designee;
(3) the Chairman of the Tennessee Valley
Authority, or his designee;
(4) the Secretary of Agriculture, or his designee;
(5) a person nominated by the National Governor’s Association; and
(6) four persons familiar with the interests
of the recreation and tourism industry, conservation and recreation use, Indian tribes,
and local governments, at least one of whom
shall be familiar with the economics and financing of recreation-related infrastructure.
(c) Chairman; vacancies; administration
The President shall appoint one member to
serve as Chairman. Any vacancy on the Commission shall be filled in the same manner as the
original appointment. Members of the Commission shall serve without compensation but shall
be reimbursed for travel, subsistence, and other
necessary expenses incurred by them in the performance of their duties. The Secretary of the
Interior shall provide all financial, administrative, and staffing requirements for the Commission, including office space, furnishings, and
equipment. The heads of other Federal agencies
are authorized, at the request of the Commission, to provide such information or personnel,
to the extent permitted by law and within the
limits of available funds, to the Commission as
may be useful to accomplish the purposes of this
section.

Page 582

(d) Hearings
The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive such evidence as it deems
advisable: Provided, That, to the maximum extent possible, the Commission shall use existing
data and research. The Commission is authorized to use the United States mail in the same
manner and upon the same conditions as other
departments and agencies of the United States.
(e) Contents of report
The report shall review the extent of water-related recreation at Federal man-made lakes and
reservoirs and shall develop alternatives to enhance the opportunities for such use by the public. In developing the report, the Commission
shall—
(1) review the extent to which recreation
components identified in specific authorizations associated with individual Federal manmade lakes and reservoirs have been accomplished;
(2) evaluate the feasibility of enhancing
recreation opportunities at federally managed
lakes and reservoirs under existing statutes;
(3) consider legislative changes that would
enhance recreation opportunities consistent
with and subject to the achievement of the authorized purposes of Federal water projects;
and
(4) make recommendations on alternatives
for enhanced recreation opportunities including, but not limited to, the establishment of a
National Recreation Lake System under
which specific lakes would receive national
designation and which would be managed
through innovative partnership-based agreements between Federal agencies, State and
local units of government, and the private sector.
Any such alternatives shall be consistent with
and subject to the authorized purposes for any
man-made lakes and reservoirs and shall emphasize private sector initiatives in concert with
State and local units of government.
(Pub. L. 88–578, title I, § 13, as added Pub. L.
104–333, div. I, title X, § 1021(b), Nov. 12, 1996, 110
Stat. 4210; amended Pub. L. 105–83, title V, § 505,
Nov. 14, 1997, 111 Stat. 1617; Pub. L. 106–176, title
I, § 123(b), Mar. 10, 2000, 114 Stat. 29.)
AMENDMENTS
2000—Subsec. (b)(6). Pub. L. 106–176, § 123(b)(1), substituted ‘‘recreation-related’’ for ‘‘recreation related’’.
Subsec. (e). Pub. L. 106–176, § 123(b)(2)(A), (C), in introductory provisions, substituted ‘‘water-related’’ for
‘‘water related’’ and ‘‘man-made’’ for ‘‘manmade’’ and,
in concluding provisions, substituted ‘‘man-made’’ for
‘‘manmade’’.
Subsec. (e)(1). Pub. L. 106–176, § 123(b)(2)(C), substituted ‘‘man-made’’ for ‘‘manmade’’.
Subsec. (e)(2). Pub. L. 106–176, § 123(b)(2)(B), substituted ‘‘federally managed’’ for ‘‘federally-managed’’.
1997—Pub. L. 105–83 made technical amendment to directory language of Pub. L. 104–333, § 1021(b), which
added this section.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Page 583

RECREATIONAL OPPORTUNITIES AT FEDERALLY-MANAGED
MANMADE LAKES AND RESERVOIRS
Pub. L. 104–333, div. I, title X, § 1021(a), Nov. 12, 1996,
110 Stat. 4210, as amended by Pub. L. 106–176, title I,
§ 123(a), Mar. 10, 2000, 114 Stat. 29, provided that: ‘‘The
Congress finds that the Federal Government, under the
authority of the Reclamation Act [probably means act
June 17, 1902, ch. 1093, 32 Stat. 388, see Short Title note
under section 371 of Title 43, Public Lands] and other
statutes, has developed man-made lakes and reservoirs
that have become a powerful magnet for diverse recreational activities and that such activities contribute
to the well-being of families and individuals and the
economic viability of local communities. The Congress
further finds that in order to further the purposes of
the Land and Water Conservation Fund, the President
should appoint an advisory commission to review the
current and anticipated demand for recreational opportunities at federally managed man-made lakes and reservoirs through creative partnerships involving Federal, State, and local governments and the private sector and to develop alternatives for enhanced recreational use of such facilities.’’

§ 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 sections 460l–4 to 460l–6a
and 460l–7 to 460l–10e of this title the amounts
specified in section 9503(c)(4)(B) 1 of title 26 (relating to special motor fuels and gasoline used
in motorboats).
(b) Refunds of gasoline taxes for certain nonhighway purposes or used by local transit
systems and motorboat fuel taxes from conservation fund into general fund of Treasury
There shall be paid from time to time from the
land and water conservation fund into the general fund of the Treasury amounts estimated by
the Secretary of the Treasury as equivalent to—
(1) the amounts paid before October 1, 2012,
under section 6421 of title 26 (relating to
amounts paid in respect of gasoline used for
certain nonhighway purposes or by local transit systems) with respect to gasoline used
after December 31, 1964, in motorboats, on the
basis of claims filed for periods ending before
October 1, 2011; and
(2) 80 percent of the floor stocks refunds
made before October 1, 2012, under section
6412(a)(2) of title 26 with respect to gasoline to
be used in motorboats.
(Pub. L. 88–578, title II, § 201, Sept. 3, 1964, 78
Stat. 904; Pub. L. 91–605, title III, § 302, Dec. 31,
1970, 84 Stat. 1743; Pub. L. 94–273, § 3(4), Apr. 21,
1976, 90 Stat. 376; Pub. L. 94–280, title III, § 302,
May 5, 1976, 90 Stat. 456; Pub. L. 95–599, title V,
§ 503(b), Nov. 6, 1978, 92 Stat. 2757; Pub. L. 97–424,
title V, § 531(c), Jan. 6, 1983, 96 Stat. 2191; Pub. L.
99–514, § 2, title XVIII, § 1875(e), Oct. 22, 1986, 100
Stat. 2095, 2897; Pub. L. 100–17, title V, § 503(c),
Apr. 2, 1987, 101 Stat. 258; Pub. L. 101–508, title
XI, § 11211(g)(2), Nov. 5, 1990, 104 Stat. 1388–427;
Pub. L. 102–240, title VIII, § 8002(d)(2)(B), Dec. 18,
1991, 105 Stat. 2204; Pub. L. 105–178, title IX,
§ 9002(c)(2)(B), June 9, 1998, 112 Stat. 500; Pub. L.
1 See

References in Text note below.

§ 460l–11

TITLE 16—CONSERVATION

109–59, title XI, § 11101(c)(2)(B), Aug. 10, 2005, 119
Stat. 1944.)
REFERENCES IN TEXT
Section 9503(c)(4)(B) of title 26, referred to in subsec.
(a), was struck out by Pub. L. 109–59, title XI,
§ 11115(a)(1), Aug. 10, 2005, 119 Stat. 1949. Provisions
similar to those contained in former subsec. (c)(4)(B) of
section 9503 are now contained in subsec. (c)(3)(A) of
section 9503.
Section 6412(a)(2) of title 26, referred to in subsec.
(b)(2), was redesignated as ‘‘section 6412(a)(1) of title
26’’ by Pub. L. 94–455, § 1906(22), Oct. 4, 1976, 90 Stat. 1827.
AMENDMENTS
2005—Subsec. (b). Pub. L. 109–59 substituted ‘‘2011’’ for
‘‘2003’’ in par. (1) and ‘‘2012’’ for ‘‘2004’’ in pars. (1) and
(2).
1998—Subsec. (b). Pub. L. 105–178 substituted ‘‘2003’’
for ‘‘1997’’ in par. (1) and ‘‘2004’’ for ‘‘1998’’ in pars. (1)
and (2).
1991—Subsec. (b). Pub. L. 102–240 substituted ‘‘1997’’
for ‘‘1995’’ and ‘‘1998’’ for ‘‘1996’’ wherever appearing.
1990—Subsec. (b). Pub. L. 101–508 substituted ‘‘1995’’
for ‘‘1993’’ and ‘‘1996’’ for ‘‘1994’’ wherever appearing.
1987—Subsec. (b). Pub. L. 100–17 substituted ‘‘1993’’ for
‘‘1988’’ and ‘‘1994’’ for ‘‘1989’’ wherever appearing.
1986—Subsec. (a). Pub. L. 99–514, § 2, substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue
Code of 1954’’, which for purposes of codification was
translated as ‘‘title 26’’ thus requiring no change in
text.
Pub. L. 99–514, § 1875(e), substituted ‘‘section
9503(c)(4)(B) of title 26’’ for ‘‘section 209(f)(5) of the
Highway Revenue Act of 1956’’.
Subsec. (b)(1). Pub. L. 99–514, § 2, substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code
of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text.
1983—Subsec. (b). Pub. L. 97–424 substituted ‘‘1989’’ for
‘‘1985’’ and ‘‘1988’’ for ‘‘1984’’ wherever appearing.
1978—Subsec. (b). Pub. L. 95–599 substituted ‘‘1984’’ for
‘‘1979’’ and ‘‘1985’’ for ‘‘1980’’ wherever appearing.
1976—Subsec. (b). Pub. L. 94–280 substituted ‘‘1979’’ for
‘‘1977’’ and ‘‘1980’’ for ‘‘1978’’ wherever appearing.
Pub. L. 94–273 substituted ‘‘October’’ for ‘‘July’’ wherever appearing.
1970—Subsec. (b). Pub. L. 91–605 substituted ‘‘1977’’ for
‘‘1972’’ and ‘‘1978’’ for ‘‘1973’’ wherever appearing.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1875(e) of Pub. L. 99–514 effective as if included in the provision of the Tax Reform
Act of 1984, Pub. L. 98–369, to which such amendment
relates, except as otherwise provided, see section 1881 of
Pub. L. 99–514, set out as a note under section 48 of
Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 97–424 effective Jan. 1, 1983,
see section 531(e) of Pub. L. 97–424, set out as an Effective Date; Savings Provision note under section 9503 of
Title 26, Internal Revenue Code.
EFFECTIVE DATE
Section effective Jan. 1, 1965, see note set out under
section 460l–4 of this title.
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 Pub. L.
99–514 require an amendment to any plan, such plan
amendment shall not be required to be made before the
first plan year beginning on or after Jan. 1, 1989, see
section 1140 of Pub. L. 99–514, as amended, set out as a
note under section 401 of Title 26, Internal Revenue
Code.

§ 460l–12

TITLE 16—CONSERVATION

PART C—WATER RESOURCES PROJECTS
§ 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.
(Pub. L. 89–72, § 1, July 9, 1965, 79 Stat. 213.)
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 89–72, which enacted sections 460l–12 to 460l–21 of this title and amended sections 460l–5(a) and 662(d) of this title.
SHORT TITLE
Section 12 of Pub. L. 89–72 provided: ‘‘This Act [enacting this section and sections 460l–13 to 460l–21 of this
title and amending sections 460l–5(a) and 662(d) of this
title], may be cited as the ‘Federal Water Project
Recreation Act’.’’

§ 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 de-

Page 584

termining 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 multiplepurpose 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 nonFederal 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 interestbearing functions of Federal water resource
projects, within fifty years of first use of project
recreation or fish and wildlife enhancement facilities: Provided, That the source of repayment
may be limited to entrance and user fees or
charges collected at the project by non-Federal
interests if the fee schedule and the portion of
fees dedicated to repayment are established on a
basis calculated to achieve repayment as aforesaid and are made subject to review and renegotiation at intervals of not more than five years.
(Pub. L. 89–72, § 2, July 9, 1965, 79 Stat. 214; Pub.
L. 93–251, title I, § 77(a)(1), (2), Mar. 7, 1974, 88
Stat. 33; Pub. L. 102–575, title XXVIII, § 2804(a),
Oct. 30, 1992, 106 Stat. 4691.)
AMENDMENTS
1992—Subsec. (a). Pub. L. 102–575 substituted ‘‘not less
than one-half the costs of operation’’ for ‘‘all the costs
of operation’’ in introductory provisions.
1974—Subsec. (a). Pub. L. 93–251 substituted in text
preceding item (1) ‘‘separable costs of the project allocated to recreation, and to bear one-quarter of such
costs allocated to fish and wildlife enhancement’’ for
‘‘separable costs of the project allocated to either or
both of said purposes, as the case may be’’ and in item
(3) ‘‘separable costs of the project allocated to recreation and exactly three-quarters of such costs allocated
to fish and wildlife enhancement’’ for ‘‘separable
costs’’, respectively.

Page 585

TITLE 16—CONSERVATION

EFFECTIVE DATE OF 1974 AMENDMENT
Section 77(b) of Pub. L. 93–251 provided that: ‘‘The
amendments made by this section [amending this section and section 460l–14 of this title] shall apply to all
projects the construction of which is not substantially
completed on the date of enactment of this Act [Mar.
7, 1974].’’
COST SHARING REQUIREMENTS
Section 77(c) of Pub. L. 93–251 provided that: ‘‘In the
case of any project (1) authorized subject to specific
cost-sharing requirements which were based on the
same percentages as those established in the Federal
Water Project Recreation Act [section 460l–12 et seq. of
this title], and (2) construction of which is not substantially completed on the date of enactment of this Act
[Mar. 7, 1974], the cost-sharing requirements for such
project shall be the same percentages as are established
by the amendments made by subsection (a) of this section [to subsec. (a) of this section and section
460l–14(b)(1) of this title] for projects which are subject
to the Federal Water Project Recreation Act [section
460l–12 et seq. of this title].’’

§ 460l–14. Facilities or 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 section 460l–13(a) of this title
unless (1) such facilities or modifications serve
other project purposes and are justified thereby
without regard to such incidental recreation or
fish and wildlife enhancement benefits as they
may have or (2) they are minimum facilities
which are required for the public health and
safety and are located at access points provided
by roads existing at the time of project construction or constructed for the administration
and management of the project. Calculation of
the recreation and fish and wildlife enhancement benefits in any such case shall be based on
the number of visitor-days anticipated in the absence of recreation and fish and wildlife enhancement facilities or modifications except as
hereinbefore provided and on the value per visitor-day of the project without such facilities or
modifications. Project costs allocated to recreation and fish and wildlife enhancement on this
basis shall be nonreimbursable.
(b) Preservation of recreation and fish and wildlife enhancement potential; execution of
agreements within ten year period; disposition of lands in absence of such agreements,
prohibition against uses conflicting with
project purposes, and preference to uses promoting and not detracting from such potential
Notwithstanding the absence of an indication
of intent as specified in section 460l–13(a) of this
title, lands may be provided in connection with
project construction to preserve the recreation
and fish and wildlife enhancement potential of
the project:
(1) If non-Federal public bodies execute an
agreement after initial operation of the
project (which agreement shall provide that

§ 460l–14

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 onequarter 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

§ 460l–15

TITLE 16—CONSERVATION

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.
(Pub. L. 89–72, § 3, July 9, 1965, 79 Stat. 214; Pub.
L. 93–251, title I, § 77(a)(3), Mar. 7, 1974, 88 Stat.
33; Pub. L. 102–575, title XXVIII, § 2804(b), (d),
Oct. 30, 1992, 106 Stat. 4691.)
REFERENCES IN TEXT
This part, referred to in subsec. (c)(1), was in the
original ‘‘this Act’’, meaning Pub. L. 89–72, which enacted sections 460l–12 to 460l–21 of this title and amended sections 460l–5(a) and 662(d) of this title.
AMENDMENTS
1992—Subsec. (b)(1). Pub. L. 102–575, § 2804(b), struck
out ‘‘within ten years’’ after ‘‘execute an agreement’’
and substituted ‘‘not less than one-half the costs of
planning studies, and the costs of operation, maintenance, and replacement attributable’’ for ‘‘all costs of
operation, maintenance, and replacement attributable’’.
Subsec. (c). Pub. L. 102–575, § 2804(d), added subsec. (c).
1974—Subsec. (b)(1). Pub. L. 93–251 substituted ‘‘modifications provided for recreation, and will bear onequarter of such costs for fish and wildlife enhancement’’ for ‘‘modifications provided for either or both of
those purposes, as the case may be’’.
EFFECTIVE DATE OF 1974 AMENDMENT
For effective date of amendment by Pub. L. 93–251,
see section 77(b) of Pub. L. 93–251, set out as a note
under section 460l–13 of this title.

§ 460l–15. Lease of facilities and lands to nonFederal 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.
(Pub. L. 89–72, § 4, July 9, 1965, 79 Stat. 215; Pub.
L. 102–575, title XXVIII, § 2804(c), Oct. 30, 1992, 106
Stat. 4691.)
AMENDMENTS
1992—Pub. L. 102–575 substituted ‘‘not less than onehalf the costs of operation’’ for ‘‘costs of operation’’.

§ 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
1 So

in original. The word ‘‘the’’ probably should not appear.

Page 586

project costs to recreation or fish and wildlife
enhancement.
(Pub. L. 89–72, § 5, July 9, 1965, 79 Stat. 215.)
§ 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 section 460l–2 of this
title, with respect to the outdoor recreation aspects shall be set forth in any report of any
project or appropriate unit thereof within the
purview of this part. Such views shall include a
report on the extent to which the proposed
recreation and fish and wildlife development
conforms to and is in accord with the State
comprehensive plan developed pursuant to section 460l–8(d) of this title.
(b) Omitted
(c)

Migratory waterfowl refuges at Federal
projects; expenditure limitation for acquisition of lands
Expenditures for lands or interests in lands
hereafter acquired by project construction agencies for the establishment of migratory waterfowl refuges recommended by the Secretary of
the Interior at Federal water resource projects,
when such lands or interests in lands would not
have been acquired but for the establishment of
a migratory waterfowl refuge at the project,
shall not exceed $28,000,000: Provided, That the
aforementioned expenditure limitation in this
subsection shall not apply to the costs of mitigating damages to migratory waterfowl caused
by such water resource project.
(d) Nonapplication to certain projects
This part shall not apply to the Tennessee
Valley Authority, but the Authority is authorized to recognize and provide for recreational
and other public uses at any dams and reservoirs
heretofore or hereafter constructed in a manner
consistent with the promotion of navigation,
flood control, and the generation of electrical
energy, as otherwise required by law, nor to
projects constructed under authority of the
Small Reclamation Projects Act, as amended [43
U.S.C. 422a et seq.], or under authority of the
Watershed Protection and Flood Prevention
Act, as amended [16 U.S.C. 1001 et seq.].
(e) Nonapplication to certain other projects
Sections 460l–13, 460l–14, 460l–15, and 460l–16 of
this title shall not apply to nonreservoir local
flood control projects, beach erosion control
projects, small boat harbor projects, hurricane
protection projects, or to project areas or facilities authorized by law for inclusion within a national recreation area or appropriate for administration by a Federal agency as a part of the
national forest system, as a part of the public
lands classified for retention in Federal ownership, or in connection with an authorized Federal program for the conservation and development of fish and wildlife.
(f) Interpretation of ‘‘nonreimbursable’’
As used in this part, the term ‘‘nonreimbursable’’ shall not be construed to prohibit the im-

Page 587

TITLE 16—CONSERVATION

position of entrance, admission, and other recreation user fees or charges.
(g) Nonapplication of section 460l–9(a)(2) to nonreimbursable costs of the United States
Section 460l–9(a)(2) of this title shall not apply
to costs allocated to recreation and fish and
wildlife enhancement which are borne by the
United States as a nonreimbursable project cost
pursuant to section 460l–13(a) or section
460l–14(b)(1) of this title.
(h) Deposits in Treasury as miscellaneous receipts; deposits of revenue from conveyance
of certain lands in Land and Water Conservation Fund
All payments and repayment by non-Federal
public bodies under the provisions of this part
shall be deposited in the Treasury as miscellaneous receipts, and revenue from the conveyance
by deed, lease, or otherwise, of lands under section 460l–14(b)(2) of this title shall be deposited
in the Land and Water Conservation Fund.
(Pub. L. 89–72, § 6, July 9, 1965, 79 Stat. 216; Pub.
L. 94–576, Oct. 21, 1976, 90 Stat. 2728.)
REFERENCES IN TEXT
This part, referred to in subsecs. (a), (d), (f), and (h),
was in the original ‘‘this Act’’, meaning Pub. L. 89–72,
which enacted sections 460l–12 to 460l–21 of this title and
amended sections 460l–5(a) and 662(d) of this title.
The Small Reclamation Projects Act, referred to in
subsec. (d), is act Aug. 6, 1956, ch. 972, 70 Stat. 1044, as
amended, which is classified generally to subchapter IV
(§ 422a et seq.) of chapter 12 of Title 43, Public Lands.
For complete classification of this Act to the Code, see
section 422k of Title 43 and Tables.
The Watershed Protection and Flood Prevention Act,
referred to in subsec. (d), is act Aug. 4, 1954, ch. 656, 68
Stat. 666, as amended, which is classified generally to
chapter 18 (§ 1001 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 1001 of this title and Tables.
CODIFICATION
Subsec. (b) of this section amended section 662(d) of
this title.
AMENDMENTS
1976—Subsec. (d). Pub. L. 94–576 authorized recreational and other public uses at dams and reservoirs
consistent with promotion of navigation, flood control,
and generation of electrical energy.

§ 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 pro-

§ 460l–18

vide 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 section 460l–14 of this title
has been executed.
(b) Agreements with government agencies to promote development and operation of lands or
facilities for recreation and fish and wildlife
enhancement purposes
The Secretary of the Interior is authorized to
enter into agreements with Federal agencies or
State or local public bodies for the administration of project land and water areas and the operation, maintenance, and replacement of facilities and to transfer project lands or facilities to
Federal agencies or State or local public bodies
by lease agreement or exchange upon such terms
and conditions as will best promote the development and operation of such lands or facilities in
the public interest for recreation and fish and
wildlife enhancement purposes.
(c) Transfer of lands; consent of other Federal
agencies to use of lands for recreation or fish
and wildlife purposes; transfers to Secretary
of Agriculture of forest lands; continuing administration of lands and waters for other
project purposes; prohibition against limitation of authority under existing provisions of
law
No lands under the jurisdiction of any other
Federal agency may be included for or devoted
to recreation or fish and wildlife purposes under
the authority of this section without the consent of the head of such agency; and the head of
any such agency is authorized to transfer any
such lands to the jurisdiction of the Secretary of
the Interior for purposes of this section. The
Secretary of the Interior is authorized to transfer jurisdiction over project lands within or adjacent to the exterior boundaries of national forests and facilities thereon to the Secretary of
Agriculture for recreation and other national
forest system purposes; and such transfer shall
be made in each case in which the project reservoir area is located wholly within the exterior
boundaries of a national forest unless the Secretaries of Agriculture and Interior jointly determine otherwise. Where any project lands are
transferred hereunder to the jurisdiction of the
Secretary of Agriculture, the lands involved
shall become national forest lands: Provided,
That the lands and waters within the flow lines
of any reservoir or otherwise needed or used for
the operation of the project for other purposes
shall continue to be administered by the Secretary of the Interior to the extent he determines to be necessary for such operation. Nothing herein shall limit the authority of the Secretary of the Interior granted by existing provisions of law relating to recreation or fish and
wildlife development in connection with water
resource projects or to disposition of public
lands for such purposes.
(Pub. L. 89–72, § 7, July 9, 1965, 79 Stat. 216; Pub.
L. 102–377, title II, § 206, Oct. 2, 1992, 106 Stat.
1332; Pub. L. 102–575, title XXVIII, § 2804(e), Oct.
30, 1992, 106 Stat. 4692.)

§ 460l–19

TITLE 16—CONSERVATION
AMENDMENTS

1992—Subsec. (a). Pub. L. 102–575, § 2804(e)(2), substituted ‘‘subsection (b) or (c) of section 460l–14’’ for
‘‘subsection 460l–14(b)’’.
Pub. L. 102–575, § 2804(e)(1), which directed amendment
of subsec. (a) by striking ‘‘purposes: Provided,’’ and all
that follows through end of sentence and inserting
‘‘purposes’’, could not be executed because the words
‘‘purposes: Provided,’’ did not appear subsequent to
amendment by Pub. L. 102–377. See below.
Pub. L. 102–377 substituted ‘‘purposes.’’ for ‘‘purposes:
Provided, That not more than $100,000 shall be available
to carry out the provisions of this subsection at any
one reservoir.’’

§ 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.
(Pub. L. 89–72, § 8, July 9, 1965, 79 Stat. 217.)
§ 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 authorize or to sanction the construction
under the Federal reclamation laws or under
any Rivers and Harbors or Flood Control Act of
any project in which the sum of the allocations
to recreation and fish and wildlife enhancement
exceeds the sum of the allocations to irrigation,
hydroelectric power, municipal, domestic and
industrial water supply, navigation, and flood
control, except that this section shall not apply
to any such project for the enhancement of
anadromous fisheries, shrimp, or for the conservation of migratory birds protected by treaty, when each of the other functions of such a
project has, of itself, a favorable benefit-cost
ratio.
(Pub. L. 89–72, § 9, July 9, 1965, 79 Stat. 217.)
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 89–72, which enacted sections 460l–12 to 460l–21 of this title and amended sections 460l–5(a) and 662(d) of this title.
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 multiplepurpose 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.

Page 588

(d) The term ‘‘feasibility report’’ shall mean
any report of the scope required by the Congress
when formally considering authorization of the
project of which the report treats.
(e) The term ‘‘capital cost’’ includes interest
during construction, wherever appropriate.
(Pub. L. 89–72, § 10, July 9, 1965, 79 Stat. 218.)
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 89–72, which enacted sections 460l–12 to 460l–21 of this title and amended sections 460l–5(a) and 662(d) of this title.

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 in-

Page 589

§ 460l–32

TITLE 16—CONSERVATION

terest, prior to such exchange the Secretary or
his designee shall hold a public hearing in the
area where the lands to be exchanged are located. The values of the properties so exchanged, either shall be approximately equal, or
if they are not approximately equal, the values
shall be equalized by the payment of cash to the
grantor from funds appropriated for the acquisition of land for the area, or to the Secretary as
the circumstances require.
(c) Solid waste disposal operations prohibited;
exceptions; regulations
In order to protect the air, land, water, and
natural and cultural values of the National Park
System and the property of the United States
therein, no solid waste disposal site (including
any site for the disposal of domestic or industrial solid wastes) may be operated within the
boundary of any unit of the National Park System, other than—
(1) a site which was operating as of September 1, 1984, or
(2) a site used only for disposal of wastes
generated within that unit of the park system
so long as such site will not degrade any of the
natural or cultural resources of such park
unit.
The Secretary of the Interior shall promulgate
regulations to carry out the provisions of this
subsection, including reasonable regulations to
mitigate the adverse effects of solid waste disposal sites in operation as of September 1, 1984,
upon property of the United States.
(d) Proceeds credited to land and water conservation fund
The proceeds received from any conveyance
under this section shall be credited to the land
and water conservation fund in the Treasury of
the United States.
(Pub. L. 90–401, § 5, July 15, 1968, 82 Stat. 356;
Pub. L. 98–506, § 2, Oct. 19, 1984, 98 Stat. 2338.)
AMENDMENTS
1984—Subsecs. (c), (d). Pub. L. 98–506 added subsec. (c)
and redesignated former subsec. (c) as (d).

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 [16 U.S.C. 460l–12 et
seq.] are outdated because of increases in demand for outdoor recreation and changes in
the economic climate for recreation managing
entities.
(3) Provisions of such Act relating to nonFederal 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 [16 U.S.C. 460l–12
et seq.] to remove outdated restrictions and
authorize the Secretary of the Interior to undertake specific measures for the management
of Reclamation lands.
(Pub. L. 102–575, title XXVIII, § 2802, Oct. 30, 1992,
106 Stat. 4690.)
REFERENCES IN TEXT
The Federal Water Project Recreation Act, referred
to in pars. (2) to (4) and (7), is Pub. L. 89–72, July 9, 1965,
79 Stat. 213, as amended, which is classified principally
to part C (§ 460l–12 et seq.) of this subchapter. For complete classification of this Act to the Code, see Short
Title note set out under section 460l–12 of this title and
Tables.
This part, referred to in par. (6), was in the original
‘‘this title’’, meaning title XXVIII of Pub. L. 102–575,
Oct. 30, 1992, 106 Stat. 4690, which enacted sections
460l–31 to 460l–34 of this title and amended sections
460l–13 to 460l–15 and 460l–18 of this title.
SHORT TITLE
Section 2801 of title XXVIII of Pub. L. 102–575 provided that: ‘‘This title [enacting this part and amending sections 460l–13 to 460l–15 and 460l–18 of this title]
may be cited as the ‘Reclamation Recreation Management Act of 1992’.’’

§ 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 (32
Stat. 388, chapter 1093; 43 U.S.C. 371)),1 and
Acts supplementary thereto and amendatory
thereof).
(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 (32 Stat. 388,
chapter 1093; 43 U.S.C. 371),2 and Acts supplementary thereto and amendatory thereof).
(4) The term ‘‘Secretary’’ means the Secretary of the Interior.
(Pub. L. 102–575, title XXVIII, § 2803, Oct. 30, 1992,
106 Stat. 4691.)
1 So in original. There should probably be only a single closing
parenthesis. See References in Text note below.
2 See References in Text note below.

§ 460l–33

TITLE 16—CONSERVATION
REFERENCES IN TEXT

This part, referred to in text, was in the original
‘‘this title’’, meaning title XXVIII of Pub. L. 102–575,
Oct. 30, 1992, 106 Stat. 4690, which enacted sections
460l–31 to 460l–34 of this title and amended sections
460l–13 to 460l–15 and 460l–18 of this title.
Act of June 17, 1902, referred to in pars. (2) and (3), is
act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known
as the Reclamation Act, which is classified generally to
chapter 12 (§ 371 et seq.) of Title 43, Public Lands. However, section 371 of Title 43 is act Dec. 5, 1924, ch. 4, § 4,
subsec. A, 43 Stat. 701. For complete classification of
act June 17, 1902, to the Code, see Short Title note set
out under section 371 of Title 43 and Tables.

§ 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 section 460l–34 of this title;
(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
1 So

in original. No par. (2) has been enacted.

Page 590

(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 (32 Stat. 388, chapter
1093; 43 U.S.C. 371),2 and Acts supplementary
thereto and amendatory thereof).
(Pub. L. 102–575, title XXVIII, § 2805, Oct. 30, 1992,
106 Stat. 4692.)
REFERENCES IN TEXT
This part, referred to in subsec. (d), was in the original ‘‘this title’’, meaning title XXVIII of Pub. L.
102–575, Oct. 30, 1992, 106 Stat. 4690, which enacted sections 460l–31 to 460l–34 of this title and amended sections 460l–13 to 460l–15 and 460l–18 of this title.
Act of June 17, 1902, referred to in subsec. (d), is act
June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as
the Reclamation Act, which is classified generally to
chapter 12 (§ 371 et seq.) of Title 43, Public Lands. However, section 371 of Title 43 is act Dec. 5, 1924, ch. 4, § 4,
subsec. A, 43 Stat. 701. For complete classification of
act June 17, 1902, to the Code, see Short Title note set
out under section 371 of Title 43 and Tables.

§ 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 [16 U.S.C. 460l–12
et seq.].
(Pub. L. 102–575, title XXVIII, § 2806, Oct. 30, 1992,
106 Stat. 4693.)
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this title’’, meaning title XXVIII of Pub. L. 102–575,
Oct. 30, 1992, 106 Stat. 4690, which enacted sections
460l–31 to 460l–34 of this title and amended sections
460l–13 to 460l–15 and 460l–18 of this title.
The Federal Water Project Recreation Act, referred
to in subsec. (b), is Pub. L. 89–72, July 9, 1965, 79 Stat.
213, as amended, which is classified principally to part
C (§ 460l–12 et seq.) of this subchapter. For complete
classification of this Act to the Code, see Short Title
note set out under section 460l–12 of this title and
Tables.
2 See

References in Text note below.

Page 591

§ 460m–4

TITLE 16—CONSERVATION

SUBCHAPTER LXX—OZARK NATIONAL
SCENIC RIVERWAYS
§ 460m. Establishment

administrative jurisdiction of the Secretary,
without transfer of funds, for administration as
part of the Ozark National Scenic Riverways.
(Pub. L. 88–492, § 2, Aug. 27, 1964, 78 Stat. 608;
Pub. L. 92–272, title IV, § 401, Apr. 11, 1972, 86
Stat. 122.)

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.

Any owner or owners, including beneficial
owners (hereinafter in this section referred to as
‘‘owner’’), of improved property on the date of
its acquisition by the Secretary may, as a condition to such acquisition, retain the right of use
and occupancy of the improved property for noncommercial residential purposes for a term ending at the death of such owner, or the death of
his spouse, or at the death of the survivor of either of them. The owner shall elect the term to
be reserved. The Secretary shall pay to the
owner the fair market value of the property on
the date of such acquisition less the fair market
value on such date of the right retained by the
owner.

(Pub. L. 88–492, § 1, Aug. 27, 1964, 78 Stat. 608.)

(Pub. L. 88–492, § 3, Aug. 27, 1964, 78 Stat. 608.)

§ 460m–1. Acquisition of lands, easements, etc.;
exchange of lands; consent of State; reversion to State; administrative jurisdiction of
Federal lands or waters

§ 460m–3. Establishment; notice in Federal Register; alteration of boundaries; acreage limitation

The Secretary may, within the area designated or altered pursuant to section 460m–3 of
this title, acquire lands and interests therein,
including scenic easements, by such means as he
may deem to be in the public interest: Provided,
That scenic easements may only be acquired
with the consent of the owner of the lands or
waters thereof: And provided further, That any
parcel of land containing not more than five
hundred acres, which borders either the Current
River or the Jacks Fork River, and which is
being primarily used for agricultural purposes,
shall be acquired by the Secretary in its entirety unless the owner of any such parcel consents to the acquisition of a part thereof. Property so acquired which lies outside the boundary
generally depicted on the map referred to in section 460m of this title may be exchanged by the
Secretary for any land of approximately equal
value within the boundaries. Lands and waters
owned by the State of Missouri within such area
may be acquired with the consent of the State
and, notwithstanding any other provision of law,
subject to provision for reversion to such State
conditioned upon continued use of the property
for National Scenic Riverway. Federally owned
lands or water lying within such area shall,
upon establishment of the area pursuant to section 460m–3 of this title, be transferred to the

AMENDMENTS
1972—Pub. L. 92–272 substituted provisions authorizing lands and waters owned by the State of Missouri to
be acquired with the consent of the State, subject to reversion to such State conditioned upon the continued
use of the property for the National Scenic Riverway,
for provisions authorizing lands and waters owned by
the State of Missouri to be acquired only with the consent of the State.

§ 460m–2. Reservation of use and occupancy of
improved property for noncommercial residential purposes; term; valuation

When the Secretary determines that lands and
waters, or interests therein, have been acquired
by the United States in sufficient quantity to
provide an administrable unit, he shall declare
establishment of the Ozark National Scenic
Riverways by publication of notice in the Federal Register. The Secretary may thereafter
alter such boundaries from time to time, except
that the total acreage in the Ozark National
Scenic Riverways shall not exceed sixty-five
thousand acres, exclusive of land donated by the
State of Missouri or its political subdivisions
and of federally owned land transferred pursuant
to section 460m–1 of this title.
(Pub. L. 88–492, § 4, Aug. 27, 1964, 78 Stat. 609.)
§ 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

§ 460m–5

TITLE 16—CONSERVATION

Page 592

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.

(c) Construction; liability of United States
Nothing in this section shall be construed as
creating liability for the United States for any
damages caused by the free-roaming horses to
property located inside or outside the boundaries of the Ozark National Scenic Riverways.

(Pub. L. 88–492, § 5, Aug. 27, 1964, 78 Stat. 609.)

1996—Pub. L. 104–333 amended section generally, substituting provisions relating to free-roaming horses for
provisions relating to Ozark National Scenic Riverways
Commission.

§ 460m–5. Administration
The Ozark National Scenic Riverways shall be
administered in accordance with the provisions
of sections 1, 2, 3, and 4 of this title, as amended
and supplemented, and in accordance with other
laws of general application relating to the areas
administered and supervised by the Secretary
through the National Park Service; except that
authority otherwise available to the Secretary
for the conservation and management of natural
resources may be utilized to the extent he finds
such authority will further the purposes of this
subchapter.
(Pub. L. 88–492, § 6, Aug. 27, 1964, 78 Stat. 609.)
§ 460m–6. Free-roaming horses
(a) In general
The Secretary, in accordance with this section, shall allow free-roaming horses in the
Ozark National Scenic Riverways. Within 180
days after November 12, 1996, the Secretary shall
enter into an agreement with the Missouri Wild
Horse League or another qualified nonprofit entity to provide for management of free-roaming
horses. The agreement shall provide for cost-effective management of the horses and limit Federal expenditures to the costs of monitoring the
agreement. The Secretary shall issue permits
for adequate pastures to accommodate the historic population level of the free-roaming horse
herd, which shall be not less than the number of
horses in existence on November 12, 1996, nor
more than 50.
(b) Removal of horses
The Secretary may not remove, or assist in, or
permit the removal of any free-roaming horses
from Federal lands within the boundary of the
Ozark National Scenic Riverways unless—
(1) the entity with whom the Secretary has
entered into the agreement under subsection
(a) of this section, following notice and a 90day response period, substantially fails to
meet the terms and conditions of the agreement;
(2) the number of free-roaming horses exceeds 50; or
(3) in the case of an emergency or to protect
public health and safety, as defined in the
agreement.

(Pub. L. 88–492, § 7, Aug. 27, 1964, 78 Stat. 609;
Pub. L. 104–333, div. I, title VIII, § 803(b), Nov. 12,
1996, 110 Stat. 4186.)
CODIFICATION
November 12, 1996, referred to in subsec. (a), was in
the original ‘‘enactment of this section’’ and ‘‘the date
of the enactment of this section’’, respectively, which
were translated as meaning the date of enactment of
Pub. L. 104–333, which amended this section generally,
to reflect the probable intent of Congress.
AMENDMENTS

§ 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.
(Pub. L. 88–492, § 8, Aug. 27, 1964, 78 Stat. 610;
Pub. L. 92–272, title I, § 101(7), Apr. 11, 1972, 86
Stat. 120.)
AMENDMENTS
1972—Pub. L. 92–272 increased maximum amount authorized to be appropriated for acquisition of lands or
interests in lands from not more than $7,000,000 to not
more than $10,804,000.

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.
(Pub. L. 92–237, § 1, Mar. 1, 1972, 86 Stat. 44; Pub.
L. 103–437, § 6(n)(1), Nov. 2, 1994, 108 Stat. 4586.)

Page 593

§ 460m–11

TITLE 16—CONSERVATION
AMENDMENTS

1994—Pub. L. 103–437 substituted ‘‘Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the
Senate’’ for ‘‘Committees on Interior and Insular Affairs of the United States House of Representatives and
the United States Senate’’.

§ 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 chapters 1 to 11 of title 40 and
division C (except sections 3302, 3307(e), 3501(b),
3509, 3906, 4710, and 4711) of subtitle I of title 41.
With the concurrence of the agency having custody thereof, any Federal property within the
boundaries of the national river may be transferred without consideration to the administrative jurisdiction of the Secretary for administration as part of the national river.
(b) Retention of rights
Except for property which the Secretary determines to be necessary for the purposes of administration, development, access or public use,
an owner or owners (hereafter referred to as
‘‘owner’’) of any improved property which is
used solely for noncommercial residential purposes on the date of its acquisition by the Secretary or any owner of lands used solely for agricultural purposes (including, but not limited to,
grazing) may retain, as a condition of the acquisition of such property or lands, a right of use
and occupancy of such property for such residential or agricultural purposes. The term of the
right retained shall expire upon the death of the
owner or the death of his spouse, whichever occurs later, or in lieu thereof, after a definite
term which shall not exceed twenty-five years
after the date of acquisition. The owner shall
elect, at the time of conveyance, the term of the
right reserved. The Secretary shall pay the
owner the fair market value of the property on
the date of such acquisition, less the fair market
value of the term retained by the owner. Such
right may, during its existence, be conveyed or

transferred, but all rights of use and occupancy
shall be subject to such terms and conditions as
the Secretary deems appropriate to assure the
use of such property in accordance with the purposes of this subchapter. Upon a determination
that the property, or any portion thereof, has
ceased to be used in accordance with such terms
and conditions, the Secretary may terminate
the right of use and occupancy by tendering to
the holder of such right an amount equal to the
fair market value, as of the date of the tender,
of that portion of the right which remains unexpired on the date of termination.
(c) ‘‘Improved property’’ defined
As used in this section the term ‘‘improved
property’’ means a detached year-round onefamily dwelling which serves as the owner’s permanent place of abode at the time of acquisition, and construction of which was begun before September 3, 1969, together with so much of
the land on which the dwelling is situated, the
said land being in the same ownership as the
dwelling, as the Secretary shall designate to be
reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial
residential use.
(Pub. L. 92–237, § 2, Mar. 1, 1972, 86 Stat. 44.)
CODIFICATION
In subsec. (a), ‘‘chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41’’ substituted for ‘‘the
Federal Property and Administrative Services Act of
1949 (63 Stat. 377; 40 U.S.C. 471 et seq.), as amended’’ on
authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116
Stat. 1303, which Act enacted Title 40, Public Buildings,
Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4,
2011, 124 Stat. 3854, which Act enacted Title 41, Public
Contracts.

§ 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.
(Pub. L. 92–237, § 3, Mar. 1, 1972, 86 Stat. 45.)
§ 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 (41 Stat. 1063), as amended (16
U.S.C. 791a et seq.), on or directly affecting the
Buffalo National River and no department or
agency of the United States shall assist by loan,
grant, license, or otherwise in the construction
of any water resources project that would have
a direct and adverse effect on the values for
which such river is established, as determined

§ 460m–12

TITLE 16—CONSERVATION

by the Secretary. Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments below or
above the Buffalo National River or on any
stream tributary thereto which will not invade
the area or unreasonably diminish the scenic,
recreational, and fish and wildlife values present
in the area on March 1, 1972. No department or
agency of the United States shall recommend
authorization of any water resources project
that would have a direct and adverse effect on
the values for which such river is established, as
determined by the Secretary, nor shall such department or agency request appropriations to
begin construction on any such project, whether
heretofore or hereafter authorized, without, at
least sixty days in advance, (i) advising the Secretary, in writing, of its intention so to do and
(ii) reporting to the Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of
the Senate, respectively, the nature of the
project involved and the manner in which such
project would conflict with the purposes of this
subchapter or would affect the national river
and the values to be protected by it under this
subchapter.
(Pub. L. 92–237, § 4, Mar. 1, 1972, 86 Stat. 45; Pub.
L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91
Stat. 583; Pub. L. 103–437, § 6(n)(1), Nov. 2, 1994,
108 Stat. 4586.)
REFERENCES IN TEXT
The Federal Power Act, referred to in text, is act
June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which
is classified generally to chapter 12 (§ 791a et seq.) of
this title. For complete classification of this Act to the
Code, see section 791a of this title and Tables.
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the
Senate’’ for ‘‘Committees on Interior and Insular Affairs of the United States House of Representatives and
the United States Senate’’.
TRANSFER OF FUNCTIONS
‘‘Federal Energy Regulatory Commission’’ substituted for ‘‘Federal Power Commission’’ in text pursuant to Pub. L. 95–91, § 402(a)(1)(A), which is classified
to section 7172(a)(1)(A) of Title 42, The Public Health
and Welfare.
Federal Power Commission terminated and functions,
personnel, property, funds, etc., transferred to Secretary of Energy (except for certain functions transferred to Federal Energy Regulatory Commission) by
sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title
42.

§ 460m–12. Administration, protection, and development
The Secretary shall administer, protect, and
develop the Buffalo National River in accordance with the provisions of sections 1, 2, 3, and
4 of this title, as amended and supplemented; except that any other statutory authority available to the Secretary for the conservation and
management of natural resources may be utilized to the extent he finds such authority will
further the purposes of this subchapter.
(Pub. L. 92–237, § 5, Mar. 1, 1972, 86 Stat. 45.)

Page 594

§ 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.
(Pub. L. 92–237, § 6, Mar. 1, 1972, 86 Stat. 46.)
§ 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.
(Pub. L. 92–237, § 7, Mar. 1, 1972, 86 Stat. 46; Pub.
L. 94–578, title I, § 101(3), title III, § 310, Oct. 21,
1976, 90 Stat. 2732, 2736; Pub. L. 95–625, title II,
§ 201(2), Nov. 10, 1978, 92 Stat. 3473.)
AMENDMENTS
1978—Pub. L. 95–625 increased land acquisition appropriations authorization to $39,948,000 from $30,071,500.
1976—Pub. L. 94–578 substituted ‘‘$30,071,500’’ for
‘‘$16,115,000’’ in provision covering the acquisition of
lands and interests in lands and substituted ‘‘For development of the national river, there are authorized to be
appropriated not to exceed $9,371,000’’ for ‘‘For development of the national river, there are authorized to be
appropriated not more than $283,000 in fiscal year 1974;
$2,923,000 in fiscal year 1975; $3,643,000 in fiscal year 1976;
$1,262,000 in fiscal year 1977; and $1,260,000 in fiscal year
1978. The sums appropriated each year shall remain
available until expended’’.

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 sections 1, 2, 3, and 4 of this title, as amended and
supplemented; except that any other statutory
authority available to the Secretary for the
preservation and management of natural resources may be utilized to the extent he finds
such authority will further the purposes of this
subchapter. The boundaries of the national river
shall be as generally depicted on the drawing entitled ‘‘Proposed New River Gorge National
River’’ numbered NERI 80,034, dated May 2001,
which shall be on file and available for public in-

Page 595

§ 460m–16

TITLE 16—CONSERVATION

spection in the offices of the National Park
Service, Department of the Interior.
(Pub. L. 95–625, title XI, § 1101, Nov. 10, 1978, 92
Stat. 3544; Pub. L. 100–534, title I, § 101, Oct. 26,
1988, 102 Stat. 2700; Pub. L. 104–333, div. I, title
IV, § 406(a)(1), Nov. 12, 1996, 110 Stat. 4149; Pub. L.
107–356, § 2(a), Dec. 17, 2002, 116 Stat. 3013.)
AMENDMENTS
2002—Pub. L. 107–356 substituted ‘‘NERI 80,034, dated
May 2001’’ for ‘‘NERI–80,028A, dated March 1996’’.
1996—Pub. L. 104–333 substituted ‘‘NERI–80,028A,
dated March 1996’’ for ‘‘NERI–80,023, dated January
1987’’.
1988—Pub. L. 100–534 substituted ‘‘NERI–80,023, dated
January 1987’’ for ‘‘NERI–20,002, dated July 1978’’.
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–356, § 1, Dec. 17, 2002, 116 Stat. 3013, provided that: ‘‘This Act [amending this section and enacting provisions set out as a note under this section] may
be cited as the ‘New River Gorge Boundary Act of
2002’.’’

features of national significance. The segment of the
Gauley River below Summersville Dam has gained
national recognition as a premier whitewater recreation resource. The lower section of the Bluestone
River and the lower section of the Meadow River possess remarkable and outstanding natural, scenic, and
recreational values due to their predominantly undeveloped condition.
‘‘(5) Portions of several of the New River tributaries, including segments of the Gauley River, the
Meadow River, and the Bluestone River are suitable
for inclusion in the National Park System or the National Wild and Scenic Rivers System.
‘‘(6) It is in the national interest to preserve the
natural condition of certain segments of the New,
Gauley, Meadow, and Bluestone Rivers in West Virginia and to enhance recreational opportunities
available on the free-flowing segments.
‘‘(b) PURPOSE.—The purpose of this Act [see Short
Title of 1988 Amendment note above] is to provide for
the protection and enhancement of the natural, scenic,
cultural, and recreational values on certain free-flowing segments of the New, Gauley, Meadow, and Bluestone Rivers in the State of West Virginia for the benefit and enjoyment of present and future generations.’’

SHORT TITLE OF 1988 AMENDMENT

COORDINATION AMONG RECREATIONAL RESOURCES

Section 1 of Pub. L. 100–534 provided that: ‘‘This Act
[enacting sections 460m–26 to 460m–29 and 460ww to
460ww–5 of this title, amending this section and section
1274 of this title, and enacting provisions set out as
notes under this section and section 1274 of this title]
may be cited as the ‘West Virginia National Interest
River Conservation Act of 1987’.’’

Section 401 of Pub. L. 100–534 provided that: ‘‘Subject
to existing authority, the Secretary of the Interior
shall cooperate with, and assist, any regional authority
comprised of representatives of West Virginia State authorities and local government authorities in or any
combination of the foregoing Nicholas, Fayette, Raleigh, Summers, Greenbrier, and Mercer Counties, West
Virginia, for the purposes of providing for coordinated
development and promotion of recreation resources of
regional or national significance which are located in
southern West Virginia and management by State or
Federal agencies, including State, local and National
Park System units, State and National Forest System
units, and historic sites.’’

LAND EXCHANGE
Pub. L. 107–356, § 2(b), Dec. 17, 2002, 116 Stat. 3013, provided that:
‘‘(1) IN GENERAL.—The Secretary of the Interior shall
complete a fee simple land exchange in the vicinity of
Beauty Mountain, Fayette County, West Virginia, to
acquire a tract of land identified as NERI Tract Number 150–07 that lies adjacent to the boundary of the New
River Gorge National River in exchange for a tract of
land identified as NERI Tract Number 150–08 located
within such boundary.
‘‘(2) TREATMENT OF EXCHANGED LANDS.—Upon the
completion of such land exchange—
‘‘(A) the land acquired by the United States in the
exchange shall be included in the boundaries, and administered as part, of the New River Gorge National
River; and
‘‘(B) the land conveyed by the United States in the
exchange shall be excluded from the boundaries, and
shall not be administered as part, of the New River
Gorge National River.’’
NEW, GAULEY, MEADOW, AND BLUESTONE RIVERS;
CONGRESSIONAL FINDINGS AND PURPOSE
Section 2 of Pub. L. 100–534 provided that:
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) The outstanding natural, scenic, cultural and
recreational values of the segment of the New River
in West Virginia within the boundaries of the New
River Gorge National River have been preserved and
enhanced by its inclusion in the National Park System.
‘‘(2) The establishment of the New River Gorge National River has provided the basis for increased
recreation and tourism activities in southern West
Virginia due to its nationally recognized status and
has greatly contributed to the regional economy.
‘‘(3) Certain boundary modifications to the New
River Gorge National River are necessary to further
protect the scenic resources within the river’s visual
corridor and to provide for better management of the
national park unit.
‘‘(4) Several tributaries of the New River in West
Virginia also possess remarkable and outstanding

SPECIAL PROVISIONS
Section 402 of Pub. L. 100–534 provided that: ‘‘Subject
to his responsibilities to protect the natural resources
of the National Park System, the Secretary of the Interior shall enter into a cooperative agreement with the
State of West Virginia providing for the State’s regulation, in accordance with State law, of persons providing
commercial recreational watercraft services on units of
the National Park System and components of the National Wild and Scenic Rivers System subject to this
Act [see Short Title of 1988 Amendment note above].’’
CONSOLIDATED MANAGEMENT
Section 404 of Pub. L. 100–534 provided that: ‘‘In order
to achieve the maximum economy and efficiency of operations in the administration of the National Park
System units established or expanded pursuant to this
Act [see Short Title of 1988 Amendment note above],
the Secretary shall consolidate offices and personnel
administering all such units to the extent practicable
and shall utilize the existing facilities of the New River
Gorge National River to the extent practicable.’’
NEW SPENDING AUTHORITY
Section 405 of Pub. L. 100–534 provided that: ‘‘Any new
spending authority which is provided under this Act
[see Short Title of 1988 Amendment note above] shall be
effective for any fiscal year only to the extent or in
such amounts as provided in appropriation Acts.’’

§ 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

§ 460m–17

TITLE 16—CONSERVATION

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.

Page 596

(d) Owner’s reservation of right of use and occupancy for fixed term of years or for life; election by owner; fair market value; termination; notification
The owner of an improved property, as defined
in this subchapter, on the date of its acquisition,
as a condition of such acquisition, may retain
for himself, his heirs and assigns, a right of use
and occupancy of the improved property for noncommercial residential, or agricultural purposes, or the continuation of existing commercial operations, as the case may be, for a definite term of not more than twenty-five years,
or, in lieu thereof, for a term ending at the
death of the owner or the death of his spouse,
whichever is later. The owner shall elect the
term to be reserved. Unless the property is wholly or partially donated, the Secretary shall pay
to the owner the fair market value of the property on the date of its acquisition, less the fair
market value of the property on that date of the
right retained by the owner. A right retained by
the owner pursuant to this section shall be subject to termination by the Secretary upon his
determination that it is being exercised in a
manner inconsistent with the purposes of this
subchapter, and it shall terminate by operation
of law upon notification by the Secretary to the
holder of the right of such determination and
tendering to him the amount equal to the fair
market value of that portion which remains unexpired.
(Pub. L. 95–625, title XI, § 1102, Nov. 10, 1978, 92
Stat. 3545; Pub. L. 99–500, § 101(h) [title I, § 116(a)],
Oct. 18, 1986, 100 Stat. 1783–242, 1783–266, and Pub.
L. 99–591, § 101(h) [title I, § 116(a)], Oct. 30, 1986,
100 Stat. 3341–242, 3341–266; Pub. L. 99–590, title X,
§ 1001, Oct. 30, 1986, 100 Stat. 3339.)
REFERENCES IN TEXT
This Act, referred to in subsec. (c), is Pub. L. 95–625,
Nov. 10, 1978, 92 Stat. 3467, known as the National Parks
and Recreation Act of 1978. For complete classification
of this Act to the Code, see Short Title of 1978 Amendment note set out under section 1 of this title and
Tables.
CODIFICATION
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
AMENDMENTS
1986—Subsec. (a). Pub. L. 99–500, Pub. L. 99–590, Pub.
L. 99–591, amended subsec. (a) identically inserting provisions relating to acquisition of an administrative
headquarters site.

§ 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;

Page 597

§ 460m–20

TITLE 16—CONSERVATION

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.

(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–18. Zoning laws and ordinances; establishment; assistance; restrictions; variances

(Pub. L. 95–625, title XI, § 1105, Nov. 10, 1978, 92
Stat. 3546.)

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–20. Hunting and fishing zones; designation; rules and regulations, consultation

(iii) the annual acquisition program (including the level of funding) which he recommends
for the ensuing four fiscal years; and
(iv) the feasibility and suitability of including within the boundaries of the national
river, the section of the New River from Fayetteville to Gauley Bridge, and reasons therefor.
(Pub. L. 95–625, title XI, § 1103, Nov. 10, 1978, 92
Stat. 3546.)
CHANGE OF NAME

(Pub. L. 95–625, title XI, § 1104, Nov. 10, 1978, 92
Stat. 3546.)
§ 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.

The Secretary shall 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. The Secretary
shall permit the State of West Virginia to undertake fish stocking activities carried out by
the State, in consultation with the Secretary,
on waters within the boundaries of the national
river. Nothing in this Act shall be construed as
affecting the jurisdiction of the State of West
Virginia with respect to fish and wildlife.
(Pub. L. 95–625, title XI, § 1106, Nov. 10, 1978, 92
Stat. 3547; Pub. L. 104–333, div. I, title IV,
§ 406(a)(2), Nov. 12, 1996, 110 Stat. 4149; Pub. L.
111–11, title VII, § 7115, Mar. 30, 2009, 123 Stat.
1202.)
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 95–625, Nov. 10,
1978, 92 Stat. 3467, known as the National Parks and
Recreation Act of 1978. For complete classification of
this Act to the Code, see Short Title of 1978 Amendment note set out under section 1 of this title and
Tables.
AMENDMENTS
2009—Pub. L. 111–11, which directed substitution of
‘‘shall’’ for ‘‘may’’ in first sentence, was executed by
substituting ‘‘shall’’ for ‘‘may’’ the first time appearing, which was preceding ‘‘permit hunting and fishing’’.
1996—Pub. L. 104–333 inserted at end ‘‘The Secretary
shall permit the State of West Virginia to undertake
fish stocking activities carried out by the State, in
consultation with the Secretary, on waters within the
boundaries of the national river. Nothing in this Act
shall be construed as affecting the jurisdiction of the
State of West Virginia with respect to fish and wildlife.’’
REGULATIONS
Pub. L. 108–108, title I, § 150, Nov. 10, 2003, 117 Stat.
1281, provided that: ‘‘The National Park Service shall

§ 460m–21

TITLE 16—CONSERVATION

issue a special regulation concerning continued hunting at New River Gorge National River in compliance
with the requirements of the Administrative Procedures [Procedure] Act [see Short Title note preceding
section 551 of Title 5, Government Organization and
Employees], with opportunity for public comment, and
shall also comply with the National Environmental
Policy Act [of 1969] [42 U.S.C. 4321 et seq.] as appropriate. Notwithstanding any other provision of law, the
September 25, 2003 interim final rule authorizing continued hunting at New River Gorge National River
shall be in effect until the final special regulation
supercedes it.’’

§ 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 (41 Stat. 1063) as amended (16
U.S.C. 791a et seq.), on or directly affecting the
New River Gorge National River, and no department or agency of the United States shall assist
by loan, grant, license, or otherwise in the construction of any water resources project that
would have a direct and adverse effect on the
values for which such river was established, as
determined by the Secretary. Nothing contained
in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments below or above the New River Gorge National River or on any stream tributary thereto
which will not invade the area or diminish the
scenic, recreation, and fish and wildlife values
present in the area on November 10, 1978. No department or agency of the United States shall
recommend authorization of any water resources project that would have a direct and adverse effect on the values for which such river
was established, as determined by the Secretary,
or request appropriations to begin construction
on any such project whether heretofore or hereafter authorized, without advising the Secretary
in writing of its intention to do so at least sixty
days in advance, and without specifically reporting to the Congress in writing at the time it
makes its recommendation or request in what
respect construction of such project would be in
conflict with the purposes of this section and
would effect 1 the national river and the values
to be protected by it under this section.
(Pub. L. 95–625, title XI, § 1107, Nov. 10, 1978, 92
Stat. 3547.)
REFERENCES IN TEXT
The Federal Power Act (41 Stat. 1063) as amended (16
U.S.C. 791a et seq.), referred to in text, is act June 10,
1920, ch. 285, 41 Stat. 1063, as amended, which is classified generally to chapter 12 (§ 791a et seq.) of this title.
For complete classification of this Act to the Code, see
section 791a of this title and Tables.

§ 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
1 So

in original. Probably should be ‘‘affect’’.

Page 598

for the protection and development of the national river consistent with the purposes of this
subchapter, indicating—
(1) measures for the preservation of the
area’s resources;
(2) indications of types and general intensities of development (including visitor circulation and transportation patterns, systems
and modes) associated with public enjoyment
and use of the area, including general locations, timing of implementation, and anticipated costs;
(3) identification of and implementation
commitments for visitor carrying capacities
for all areas of the unit; and
(4) indications of potential modifications to
the external boundaries of the unit, and the
reasons therefor.
(Pub. L. 95–625, title XI, § 1109, Nov. 10, 1978, 92
Stat. 3548.)
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.

§ 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.
(Pub. L. 95–625, title XI, § 1110, Nov. 10, 1978, 92
Stat. 3548.)
§ 460m–24. Class I or class II redesignation for
clean air purposes
For the purposes of part C of the Clean Air Act
[42 U.S.C. 7470 et seq.], the State may redesignate the national river only as class I or class
II.
(Pub. L. 95–625, title XI, § 1111, Nov. 10, 1978, 92
Stat. 3548.)
REFERENCES IN TEXT
The Clean Air Act, referred to in text, is act July 14,
1955, ch. 360, as amended generally by Pub. L. 88–206,
Dec. 17, 1963, 77 Stat. 392, and later by Pub. L. 95–95,
Aug. 7, 1977, 91 Stat. 685. The Clean Air Act was originally classified to chapter 15B (§ 1857 et seq.) of Title 42,
The Public Health and Welfare. On enactment of Pub.
L. 95–95, the Act was reclassified to chapter 85 (§ 7401 et
seq.) of Title 42. Part C of the Clean Air Act is classified generally to part C (§ 7470 et seq.) of subchapter I
of chapter 85 of Title 42. For complete classification of
this Act to the Code, see Short Title note set out under
section 7401 of Title 42 and Tables.

§ 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.

Page 599

§ 460m–29

TITLE 16—CONSERVATION

(Pub. L. 95–625, title XI, § 1112, Nov. 10, 1978, 92
Stat. 3548; Pub. L. 99–500, § 101(h) [title I, § 116(b)],
Oct. 18, 1986, 100 Stat. 1783–242, 1783–266, and Pub.
L. 99–591, § 101(h) [title I, § 116(b)], Oct. 30, 1986,
100 Stat. 3341–242, 3341–266; Pub. L. 99–590, title X,
§ 1002, Oct. 30, 1986, 100 Stat. 3340.)
CODIFICATION
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
AMENDMENTS
1986—Pub. L. 99–500, Pub. L. 99–590, Pub. L. 99–591,
amended section identically substituting ‘‘$3,000,000’’
for ‘‘$500,000’’.

§ 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.
(Pub. L. 95–625, title XI, § 1113, as added Pub. L.
100–534, title I, § 102, Oct. 26, 1988, 102 Stat. 2700.)
§ 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.
(Pub. L. 95–625, title XI, § 1114, as added Pub. L.
100–534, title I, § 103, Oct. 26, 1988, 102 Stat. 2700.)
§ 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 section 460m–23
of this title and that such adjustments could enhance the quality of the recreational experience
in the segments of the river below the lake during those periods as well as protect the biological resources of the river.
(b) Report to Congress required
The Secretary of the Army, in conjunction
with the Secretary of the Interior, shall conduct
a study and prepare a report under this section.
The report shall be submitted to the Committee
on Energy and Natural Resources of the United
States Senate and the Committee on Interior
and Insular Affairs of the United States House of

Representatives not later than December 31,
1989. Before submission of the report to these
Committees, a draft of the report shall be made
available for public comment. The final report
shall include the comments submitted by the
Secretary of the Interior and the public, together with the response of the Secretary of the
Army to those comments.
(c) Contents of study
The study under this section shall examine the
feasibility of adjusting the timing of daily releases from Bluestone Lake project during periods when flows from the lake are less than three
thousand cubic feet per second. The purpose of
such adjustment shall be to improve recreation
(including, but not limited to, fishing and whitewater recreation) in the New River Gorge National River. Any such adjustments in the timing of flows which are proposed in such report
shall be consistent with other project purposes
and shall not have significant adverse effects on
fishing or on any other form of recreation in
Bluestone Lake or in any segment of the river
below Bluestone Lake. The study shall assess
the effects of such flow adjustments on the quality of recreation on the river in the segments of
the river between Hinton and Thurmond and between Thurmond and the downstream boundary
of the New River Gorge National River, taking
into account the levels of recreational visitation
in each of such segments.
(d) Test procedures
As part of the study under this section, the
Secretary of the Army shall conduct test releases from Bluestone Lake project during twenty-four-hour periods during the summer of 1989
when flows are less than three thousand cubic
feet per second from the project. All such adjustments shall conform to the criteria specified
in subsection (c) of this section. The tests shall
provide adjustments in the timing of daily flows
from Bluestone Lake project which permit flows
higher than the twenty-four-hour average to
reach downstream recreational segments of the
river during morning and afternoon hours. The
tests shall develop specific data on the effects of
flow adjustments on the speed of the current and
on water surface levels in those segments. No
test shall be conducted when flows from the lake
are less than one thousand seven hundred cubic
feet per second and no test shall reduce flows
below that level.
(Pub. L. 95–625, title XI, § 1115, as added Pub. L.
100–534, title I, § 104, Oct. 26, 1988, 102 Stat. 2701.)
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.

§ 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 di-

§ 460m–29a

TITLE 16—CONSERVATION

rected to construct a scenic overlook and visitor
information facility at a suitable location accessible from Interstate 64 in the vicinity of Glade
Creek within the boundary of the national river.
There is authorized to be appropriated such
sums as may be necessary to carry out construction (including all related planning and design)
of the scenic overlook and visitor information
facility.
(Pub. L. 95–625, title XI, § 1116, as added Pub. L.
100–534, title I, § 105, Oct. 26, 1988, 102 Stat. 2702.)
§ 460m–29a. New River Gorge and Gauley River
Visitor Center
The Secretary of the Interior is authorized to
construct a visitor center and such other related
facilities as may be deemed necessary to facilitate visitor understanding and enjoyment of the
New River Gorge National River and the Gauley
River National Recreation Area in the vicinity
of the confluence of the New and Gauley Rivers.
Such center and related facilities are authorized
to be constructed at a site outside of the boundary of the New River Gorge National River or
Gauley River National Recreation Area unless a
suitable site is available within the boundaries
of either unit.
(Pub. L. 104–333, div. I, title IV, § 406(b), Nov. 12,
1996, 110 Stat. 4150.)
CODIFICATION
Section was enacted as part of the Omnibus Parks
and Public Lands Management Act of 1996, and not as
part of title XI of the National Parks and Recreation
Act of 1978 which comprises this subchapter.
NEW RIVER VISITOR CENTER
Pub. L. 105–178, title I, § 1214(c), June 9, 1998, 112 Stat.
205, provided that:
‘‘(1) IN GENERAL.—The Secretary shall allocate to the
Secretary of the Interior amounts made available by
this subsection for the planning, design, and construction of a visitor center, and such other related facilities
as may be necessary, to facilitate visitor understanding
and enjoyment of the scenic, historic, cultural, and recreational resources of the New River Gorge National
River in the State of West Virginia. The center and related facilities shall be located at a site for which title
is held by the United States in the vicinity of the I–64
Sandstone intersection.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry
out this subsection $1,300,000 for fiscal year 1998,
$1,200,000 for fiscal year 1999, and $9,900,000 for fiscal
year 2000.
‘‘(3) APPLICABILITY OF TITLE 23.—Funds authorized by
this subsection shall be available for obligation in the
same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that
such funds shall remain available until expended.’’

§ 460m–30. Applicable provisions of other law
(a) Cooperative agreements
The provisions of section 460ww–1(e)(1) of this
title shall apply to the New River Gorge National River in the same manner and to the
same extent as such provisions apply to the
Gauley River National Recreation Area.
(b) Remnant lands
The provisions of the second sentence of section 460ww–2(a) of this title shall apply to tracts

Page 600

of land partially within the boundaries of the
New River Gorge National River in the same
manner and to the same extent as such provisions apply to tracts of land only partially within the Gauley River National Recreation Area.
(Pub. L. 95–625, title XI, § 1117, as added Pub. L.
104–333, div. I, title IV, § 406(a)(3), Nov. 12, 1996,
110 Stat. 4150.)
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.
(Pub. L. 88–639, § 1, Oct. 8, 1964, 78 Stat. 1039.)
§ 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, 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.
Establishment or revision of the boundaries of
the said national recreation area, as herein pre-

Page 601

TITLE 16—CONSERVATION

scribed, shall not affect adversely any valid
rights in the area, nor shall it affect the validity
of withdrawals heretofore made for reclamation
or power purposes. All lands in the recreation
area which have been withdrawn or acquired by
the United States for reclamation purposes shall
remain subject to the primary use thereof for
reclamation and power purposes so long as they
are withdrawn or needed for such purposes.
There shall be excluded from the said national
recreation area by the Secretary of the Interior
any property for management or protection by
the Bureau of Reclamation, which would be subject otherwise to inclusion in the said recreation
area, and which the Secretary of the Interior
considers in the national interest should be excluded therefrom.
(Pub. L. 88–639, § 2, Oct. 8, 1964, 78 Stat. 1039.)
TRANSFER OF ADMINISTRATIVE JURISDICTION TO
NATIONAL PARK SERVICE
Pub. L. 107–282, title III, § 302, Nov. 6, 2002, 116 Stat.
2006, provided that:
‘‘(a) IN GENERAL.—Administrative jurisdiction over
the parcel of land described in subsection (b) is transferred from the Bureau of Land Management to the National Park Service for inclusion in the Lake Mead National Recreation Area.
‘‘(b) DESCRIPTION OF LAND.—The parcel of land referred to in subsection (a) is the approximately 10 acres
of Bureau of Land Management land, as depicted on the
map entitled ‘Eldorado/Spirit Mountain’ and dated October 1, 2002.
‘‘(c) USE OF LAND.—The parcel of land described in
subsection (b) shall be used by the National Park Service for administrative facilities.’’

§ 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.1
1 So in original. Probably should be ‘‘Lake Mead National
Recreation Area’’.

§ 460n–5

(Pub. L. 88–639, § 3, Oct. 8, 1964, 78 Stat. 1039.)
§ 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.
(Pub. L. 88–639, § 4, Oct. 8, 1964, 78 Stat. 1040.)
§ 460n–4. Hunting, fishing and trapping
The Secretary of the Interior shall permit
hunting, fishing, and trapping on the lands and
waters under his jurisdiction within the recreation area in accordance with the applicable
laws and regulations of the United States and
the respective States: Provided, That the Secretary, after consultation with the respective
State fish and game commissions, may issue
regulations designating zones where and establishing periods when no hunting, fishing, or
trapping shall be permitted for reasons of public
safety, administration, or public use and enjoyment.
(Pub. L. 88–639, § 5, Oct. 8, 1964, 78 Stat. 1040.)
§ 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.

§ 460n–6

TITLE 16—CONSERVATION

Any person who violates a rule or regulation
issued pursuant to this subchapter shall be
guilty of a misdemeanor, and may be punished
by a fine of not more than $500, or by imprisonment not exceeding six months, or by both such
fine and imprisonment.
(Pub. L. 88–639, § 6, Oct. 8, 1964, 78 Stat. 1040; Pub.
L. 91–383, § 10(a)(4), as added Pub. L. 94–458, § 2,
Oct. 7, 1976, 90 Stat. 1941.)
AMENDMENTS
1976—Pub. L. 91–383, § 10(a)(4), as added Pub. L. 94–458,
struck out provisions relating to arrest powers of superintendent, caretakers, officers, or rangers of the
Lake Mead National Recreation Area.

§ 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.
(Pub. L. 88–639, § 7, Oct. 8, 1964, 78 Stat. 1041.)
§ 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.
(Pub. L. 88–639, § 8, Oct. 8, 1964, 78 Stat. 1041.)
§ 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 section 3581 of title
18. The exercise of additional functions by the
magistrate judge shall be consistent with and be
carried out in accordance with the authority,

Page 602

laws, and regulations, of general application to
United States magistrate judges. The probation
laws shall be applicable to persons tried by the
magistrate judge and he shall have power to
grant probation. The magistrate judge shall receive the fees, and none other, provided by law
for like or similar services.
(Pub. L. 88–639, § 9, Oct. 8, 1964, 78 Stat. 1041; Pub.
L. 98–473, title II, § 222, Oct. 12, 1984, 98 Stat. 2028;
Pub. L. 100–702, title IV, § 404(c), Nov. 19, 1988, 102
Stat. 4651; Pub. L. 101–650, title III, § 321, Dec. 1,
1990, 104 Stat. 5117.)
AMENDMENTS
1988—Pub. L. 100–702 struck out after second sentence
of second par. ‘‘The provisions of title 18, section 3402,
and the rules of procedure and practice prescribed by
the Supreme Court pursuant thereto, shall apply to all
cases handled by such magistrate.’’
1984—Pub. L. 98–473, § 222(a), substituted ‘‘magistrate’’
for ‘‘commissioner’’ wherever appearing in first par.
Pub. L. 98–473, § 222(b), substituted provisions relating
to trial and sentencing of persons charged with misdemeanors and infractions as defined in section 3581 of
title 18, for provisions relating to trial and sentencing
of persons committing petty offenses as defined in title
18, section 1, and right of election of such persons to be
tried in the district court of the United States.
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 Pub.
L. 101–650, set out as a note under section 631 of Title
28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–702 effective Dec. 1, 1988,
see section 407 of Pub. L. 100–702, set out as a note
under section 2071 of Title 28, Judiciary and Judicial
Procedure.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–473 effective Nov. 1, 1987,
and applicable only to offenses committed after the
taking effect of such amendment, see section 235(a)(1)
of Pub. L. 98–473, set out as an Effective Date note
under section 3551 of Title 18, Crimes and Criminal Procedure.

§ 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
section 460n–1 of this title.
(Pub. L. 88–639, § 10, Oct. 8, 1964, 78 Stat. 1041;
Pub. L. 93–477, title I, § 101(12), Oct. 26, 1974, 88
Stat. 1445.)
AMENDMENTS
1974—Pub.
‘‘$1,200,000’’.

L.

93–477

substituted

‘‘$7,100,000’’

for

SUBCHAPTER LXXIII—DELAWARE WATER
GAP NATIONAL RECREATION AREA
§ 460o. Establishment
In order to further the purposes of the joint
resolution approved September 27, 1961 (re Delaware River Basin compact; 75 Stat. 688), and to
provide in a manner coordinated with the other

Page 603

TITLE 16—CONSERVATION

purposes of the Tocks Island Reservoir project,
for public outdoor recreation use and enjoyment
of the proposed Tocks Island Reservoir and
lands adjacent thereto by the people of the
United States and for preservation of the scenic,
scientific, and historic features contributing to
public enjoyment of such lands and waters, the
Secretary of the Interior is authorized, as herein
provided, to establish and administer the Delaware Water Gap National Recreation Area, hereinafter referred to as the ‘‘area’’, as part of the
Tocks Island Reservoir project, hereinafter referred to as ‘‘the project’’.
(Pub. L. 89–158, § 1, Sept. 1, 1965, 79 Stat. 612.)
REFERENCES IN TEXT
The joint resolution approved September 27, 1961, referred to in text, is Pub. L. 87–328, which was not classified to the Code.
JOSEPH M. MCDADE RECREATIONAL TRAIL
Pub. L. 105–277, div. A, § 101(e) [title I, § 118], Oct. 21,
1998, 112 Stat. 2681–231, 2681–257, provided that: ‘‘The 37
mile River Valley Trail from the town of Delaware Gap
to the edge of the town of Milford, Pennsylvania located within the Delaware Water Gap National Recreation Area shall hereafter be referred to in any law,
regulation, document, or record of the United States as
the Joseph M. McDade Recreational Trail.’’
DELAWARE WATER GAP NATIONAL RECREATION AREA
CITIZEN ADVISORY COMMISSION
Pub. L. 100–573, Oct. 31, 1988, 102 Stat. 2890, as amended by Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(K),
Nov. 12, 1996, 110 Stat. 4196; Pub. L. 105–355, title V, § 507,
Nov. 6, 1998, 112 Stat. 3264; Pub. L. 106–176, title III, § 301,
Mar. 10, 2000, 114 Stat. 31, established Delaware Water
Gap National Recreation Area Citizen Advisory Commission to advise Secretary of the Interior on management and operation of Delaware Water Gap National
Recreation Area, and other matters affecting the recreation area and surrounding communities, and terminated Commission on the date that is 20 years after
Oct. 31, 1988.

§ 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

§ 460o–1

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 appro-

§ 460o–2

TITLE 16—CONSERVATION

priate 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

Page 604

this subchapter, such owner shall be deemed to
have waived any benefits or rights under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [42 U.S.C.
4601 et seq.].
(Pub. L. 89–158, § 2, Sept. 1, 1965, 79 Stat. 612; Pub.
L. 92–575, § 2, Oct. 27, 1972, 86 Stat. 1250; Pub. L.
95–625, title III, § 316, Nov. 10, 1978, 92 Stat. 3483.)
REFERENCES IN TEXT
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (d), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, as
amended, which is classified generally to chapter 61
(§ 4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 4601 of
Title 42 and Tables.
AMENDMENTS
1978—Subsec. (a). Pub. L. 95–625 authorized acquisition of lands within the exterior boundaries of the area
by the Secretary of the Interior, retention of use and
occupancy rights, termination of Federal agency authority over lands and transfer of authority and funds
to the Secretary of the Interior, and prescribed acquisition priorities for the Secretary of the Interior.
1972—Subsec. (d). Pub. L. 92–575 provided for waiver of
benefits or rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, upon election to retain right of use and occupancy
pursuant to this subchapter.

§ 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 section 460o–1 of this title
which, in the opinion of the Secretary of the Interior, constitute an efficiently administrable
unit, the Secretary of the Interior shall declare
establishment of the area by publication of notice thereof in the Federal Register. Such notice
shall contain a detailed description of the
boundaries of the area which shall encompass,
to the extent practicable, the lands and waters
shown on said drawing. Prior to such establishment, the Secretary of the Interior shall administer such transferred lands and waters, consistent with the construction of the project, for purposes in contemplation of the establishment of
the area pursuant to this subchapter.
(b) Adjustments in boundaries; publication in
Federal Register; acquisition of additional
lands; acreage limitations
The Secretary of the Interior may subsequently make adjustments in the boundary of
the area by publication of the amended description thereof in the Federal Register and acquire,
by such means as he may deem to be in the public interest, including an exchange of excluded
for included lands or interests therein with or
without the payment or receipt of money to
equalize values, additional lands and interests
therein included in the area by reason of the
boundary adjustment: Provided, That the area

Page 605

§ 460p

TITLE 16—CONSERVATION

encompassed by such revised boundary shall not
exceed the acreage included within the detailed
boundary first described pursuant to this section.
(c) Continuance of existing uses
On lands acquired pursuant to this subchapter
for recreation purposes, the Secretary of the
Army, with the concurrence of the Secretary of
the Interior, may permit the continuance of existing uses consistent with the purposes of this
subchapter.
(Pub. L. 89–158, § 3, Sept. 1, 1965, 79 Stat. 613.)
§ 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; 75 Stat. 688).
(Pub. L. 89–158, § 4, Sept. 1, 1965, 79 Stat. 613.)
§ 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 section 460o–3 of
this title, shall adopt and implement, and may
from time to time revise, a land and water use
management plan, which shall include specific
provision for, in order of priority—
(1) public outdoor recreation benefits;
(2) preservation of scenic, scientific, and historic features contributing to public enjoyment;
(3) such utilization of natural resources as in
the judgment of the Secretary of the Interior
is consistent with, and does not significantly
impair, public recreation and protection of
scenic, scientific, and historic features contributing to public enjoyment.
(Pub. L. 89–158, § 5, Sept. 1, 1965, 79 Stat. 614.)
§ 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.
(Pub. L. 89–158, § 6, Sept. 1, 1965, 79 Stat. 614.)
§ 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.
(Pub. L. 89–158, § 7, Sept. 1, 1965, 79 Stat. 614.)
§ 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 section 460o–1 of this
title and for expenses incident thereto not more
than $65,000,000 which moneys shall be transferred to the Secretary of the Army. There are
also authorized to be appropriated not more
than $18,200,000 for the cost of installing and
constructing recreation facilities on the lands
and interests in lands so acquired. The amounts
herein authorized to be appropriated are supplemental to those authorized to be appropriated
for the Tocks Island project and related facilities by the Flood Control Act of 1962 (76 Stat.
1182).
(Pub. L. 89–158, § 8, Sept. 1, 1965, 79 Stat. 614; Pub.
L. 92–575, § 1, Oct. 27, 1972, 86 Stat. 1250.)
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 76
Stat. 1182, and were not classified to the Code. The
Flood Control Act of 1962 is Title II of Pub. L. 87–874,
Oct. 23, 1962, 76 Stat. 1173. For complete classification
of this Act to the Code, see Tables.
AMENDMENTS
1972—Pub. L.
‘‘$37,412,000’’.

92–575

substituted

‘‘$65,000,000’’

for

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.
(Pub. L. 89–207, § 1, Sept. 28, 1965, 79 Stat. 843.)

§ 460p–1

TITLE 16—CONSERVATION

§ 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.
(Pub. L. 89–207, § 2, Sept. 28, 1965, 79 Stat. 843.)
§ 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 section 460l–9 of this title,
the boundaries of the Monongahela National
Forest, as designated by the Secretary pursuant
to section 460p–1 of this title, shall be treated as
if they were the boundaries of that forest on
January 1, 1965. Lands, waters, or interests
therein owned by the State of West Virginia or
any political subdivision of that State may be
acquired only with the concurrence of such
owner.
(b) Transfer from Federal agency to administrative jurisdiction of Secretary
Notwithstanding any other provision of law,
any Federal property located within the boundaries of the recreation area may, with the concurrence of the agency having custody thereof,
be transferred without consideration to the administrative jurisdiction of the Secretary for
use by him in implementing the purposes of this
subchapter.
(c) Exchange of property
In exercising his authority to acquire lands by
exchange the Secretary may accept title to nonFederal property within the recreation area and
convey to the grantor of such property any federally owned property in the State of West Virginia under his jurisdiction.
(d) State expenditures for public schools, public
roads, or other public purposes
The portion of the moneys paid to the State of
West Virginia under the provisions of section 500

Page 606

of this title for expenditure for the benefit of
Pendleton and Grant Counties, West Virginia,
may be expended as the State legislature may
prescribe for the benefit of such counties for
public schools, public roads, or other public purposes.
(Pub. L. 89–207, § 3, Sept. 28, 1965, 79 Stat. 843.)
§ 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 section 460p–1 of this title that is in
his opinion efficiently administrable to carry
out the purposes of this subchapter, he shall institute an accelerated program of development
of facilities for outdoor recreation. Said facilities shall be so devised to take advantage of the
topography and geographical location of the
lands in relation to the growing recreation
needs of the people of the United States.
(b) The Secretary may cooperate with all Federal and State authorities and agencies that
have programs which will hasten completion of
the recreation area and render services which
will aid him in evaluating and effectuating the
establishment of adequate summer and winter
outdoor recreation facilities.
(Pub. L. 89–207, § 4, Sept. 28, 1965, 79 Stat. 843.)
§ 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.
(Pub. L. 89–207, § 5, Sept. 28, 1965, 79 Stat. 844.)
§ 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.
(Pub. L. 89–207, § 6, Sept. 28, 1965, 79 Stat. 844.)

Page 607

TITLE 16—CONSERVATION

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.
(Pub. L. 89–336, § 1, Nov. 8, 1965, 79 Stat. 1295.)
CHANGE OF NAME
Pub. L. 105–44, § 1, Sept. 30, 1997, 111 Stat. 1141, provided that:
‘‘(a) DESIGNATION.—The reservoir created by Trinity
Dam in the Central Valley project, California, and designated as ‘Clair Engle Lake’ by Public Law 88–662 (78
Stat. 1093) is hereby redesignated as ‘Trinity Lake’.
‘‘(b) REFERENCES.—Any reference in any law, regulation, document, record, map, or other paper of the
United States to the reservoir referred to in subsection
(a) shall be considered to be a reference to ‘Trinity
Lake’.
‘‘(c) REPEAL OF EARLIER DESIGNATION.—Public Law
88–662 (78 Stat. 1093) is repealed.’’

§ 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 out-

§ 460q–1

side 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

§ 460q–1

TITLE 16—CONSERVATION

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 spec-

Page 608

ified 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

Page 609

TITLE 16—CONSERVATION

Agriculture determines to be needed for easements and rights-of-way for access, utilities, or
facilities, or for administrative sites, campgrounds, or other areas needed for use by the
United States for visitors to the national recreation area.
(Pub. L. 89–336, § 2, Nov. 8, 1965, 79 Stat. 1295.)
§ 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 EngleLewiston unit to permit efficient initial development and administration for the purposes of
this subchapter, he shall publish in the Federal
Register a notice to that effect and a detailed
description of the boundaries of such unit.
(b) Whiskeytown
When the Secretary of the Interior determines
that sufficient lands, waters, or interest therein
are owned or have been acquired by the United
States within the boundaries of the Whiskeytown unit to permit efficient initial development and administration for the purposes of this
subchapter, he shall publish in the Federal Register a notice to that effect and a detailed description of the boundaries of the unit.
(c) Acquisition of property
Following the publication of any such notice,
the respective Secretaries may continue to acquire the remaining property within the recreation area.
(Pub. L. 89–336, § 3, Nov. 8, 1965, 79 Stat. 1297.)
§ 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

§ 460q–5

(2) the Secretary of the Interior may utilize
such statutory authorities relating to areas of
the national park system and such statutory
authority otherwise available to him for the
conservation and development of natural resources as he deems appropriate to carry out
the purposes of this subchapter.
(Pub. L. 89–336, § 4, Nov. 8, 1965, 79 Stat. 1298.)
§ 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.
(Pub. L. 89–336, § 5, Nov. 8, 1965, 79 Stat. 1298.)
§ 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 section
387 of title 43, and from those under the jurisdiction of the Secretary of Agriculture within the
recreation area in accordance with the provisions of section 192c of title 30, and he may permit the removal of leasable minerals from lands
or interests in lands within the recreation area
in accordance with the Mineral Leasing Act of
February 25, 1920, as amended [30 U.S.C. 181 et
seq.], or the Acquired Lands Mineral Leasing
Act of August 7, 1947 [30 U.S.C. 351 et seq.], if he
finds that such disposition would not have significant adverse effects on the purposes of the
Central Valley project or the administration of
the recreation area: Provided, That any lease or
permit respecting such minerals in lands administered by the Secretary of Agriculture shall be
issued only with his consent and subject to such
conditions as he may prescribe.
All receipts derived from permits and leases
issued under the authority of this section on
lands administered by the Secretary of Agriculture shall be paid into the same funds or accounts in the Treasury of the United States and
shall be distributed in the same manner as provided for other receipts from the lands affected
by the lease or permit, except that any receipts
derived from permits or leases issued on those or
other lands in the recreation area under the
Mineral Leasing Act of February 25, 1920, as
amended, or the Act of August 7, 1947, shall be
disposed of as provided in the applicable Act;
and receipts from the disposition of nonleasable

§ 460q–6

TITLE 16—CONSERVATION

Page 610
CHANGE OF NAME

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.

Clair Engle Reservoir, referred to in text, redesignated ‘‘Trinity Lake’’ by section 1 of Pub. L. 105–44, set
out as a note under section 460q of this title.

(Pub. L. 89–336, § 6, Nov. 8, 1965, 79 Stat. 1298.)

§ 460q–8. Revenues and fees; disposition

REFERENCES IN TEXT
The Acquired Lands Mineral Leasing Act of August 7,
1947, referred to in text, is act Aug. 7, 1947, ch. 513, 61
Stat. 913, which is classified generally to chapter 7 (§ 351
et seq.) of Title 30. For complete classification of this
Act to the Code, see Short Title note set out under section 351 of Title 30 and Tables.

§ 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.
(Pub. L. 89–336, § 7, Nov. 8, 1965, 79 Stat. 1299.)
§ 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 (62 Stat. 83), and sections
22 and 27, township 35 north, range 1 west,
Mount Diablo base and meridian. The exterior
boundaries of the Trinity National Forest in the
State of California are hereby extended to include all of sections 4, 5, and 8, the east half and
the northwest quarter of section 6, the east half
of section 7, the northwest quarter of section 17,
and the northeast quarter of section 18, township 33 north, range 8 west, Mount Diablo base
and meridian. Subject to any valid claim or
entry now existing and hereafter legally maintained, all public lands of the United States and
all lands of the United States heretofore or hereafter acquired or reserved for use in connection
with the Shasta, Clair Engle, or Lewiston Reservoirs of the Central Valley project within the
exterior boundaries of the Shasta and Trinity
National Forests which have not heretofore been
added to and made a part of such forests, and all
lands of the United States acquired for the purposes of the recreation area in the Shasta or
Clair Engle-Lewiston units are hereby added to
and made a part of the respective national forests within which they are situated: Provided,
That lands within the flow lines of any reservoir
operated and maintained by the Department of
the Interior or otherwise needed or used for the
operation of the Central Valley project shall
continue to be administered by the Secretary of
the Interior to the extent he determines to be
required for such operation.
(Pub. L. 89–336, § 8, Nov. 8, 1965, 79 Stat. 1299.)
REFERENCES IN TEXT
Act of March 19, 1948 (62 Stat. 83), referred to in text,
is act Mar. 19, 1948, ch. 139, 62 Stat. 83. See paragraph
entitled ‘‘Shasta National Forest’’ set out in the Codification note under sections 486a to 486w of this title.

Revenues and fees obtained by the United
States from operation of the national recreation
area shall be subject to the same statutory provisions concerning the disposition thereof as are
similar revenues collected in areas of the national park system except that fees and revenues obtained from mineral development and
from activities under other public land laws
within the recreation area shall be disposed of in
accordance with the provisions of the applicable
laws.
(Pub. L. 89–336, § 9, Nov. 8, 1965, 79 Stat. 1300.)
§ 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.
(Pub. L. 89–336, § 10, Nov. 8, 1965, 79 Stat. 1300;
Pub. L. 95–625, title I, § 101(27), Nov. 10, 1978, 92
Stat. 3472.)
AMENDMENTS
1978—Pub. L. 95–625 increased development appropriations authorization to $24,649,000 from $22,700,000.

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.
(Pub. L. 89–438, § 1, May 31, 1966, 80 Stat. 190.)
§ 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.

Page 611

TITLE 16—CONSERVATION

(Pub. L. 89–438, § 2, May 31, 1966, 80 Stat. 190.)
§ 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 nonFederal property within the recreation area and
convey to the grantor of such property any federally owned property in the State of Virginia
under his jurisdiction.
(Pub. L. 89–438, § 3, May 31, 1966, 80 Stat. 190.)
§ 460r–3. Outdoor recreation facilities development
(a) Accelerated program
After the Secretary acquires an acreage within the area designated pursuant to section 460r–1
of this title that is in his opinion efficiently administrable to carry out the purposes of this
subchapter, he shall institute an accelerated
program of development of facilities for outdoor
recreation. Said facilities shall be so devised to
take advantage of the topography and geographical location of the lands in relation to the
growing recreation needs of the people of the
United States.
(b) Cooperation with Federal and State agencies
The Secretary may cooperate with all Federal
and State authorities and agencies that have
programs which will hasten completion of the
recreation area and render services which will
aid him in evaluating and effectuating the establishment of adequate summer and winter
outdoor recreation facilities.
(Pub. L. 89–438, § 4, May 31, 1966, 80 Stat. 191.)
§ 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 na-

§ 460s–2

tional forests, in such manner as in his judgment will best provide for (1) public outdoor
recreation benefits; (2) conservation of scenic,
scientific, historic, and other values contributing to public enjoyment; and (3) such management, utilization, and disposal of natural resources as in his judgment will promote, or is
compatible with, and does not significantly impair the purposes for which the recreation area
is established.
(Pub. L. 89–438, § 5, May 31, 1966, 80 Stat. 191.)
§ 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.
(Pub. L. 89–438, § 6, May, 31, 1966, 80 Stat. 191.)
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.
(Pub. L. 89–668, § 1, Oct. 15, 1966, 80 Stat. 922.)
§ 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.
(Pub. L. 89–668, § 2, Oct. 15, 1966, 80 Stat. 922.)
§ 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

TITLE 16—CONSERVATION

(Pub. L. 89–668, § 3, Oct. 15, 1966, 80 Stat. 922.)
§ 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.
(Pub. L. 89–668, § 4, Oct. 15, 1966, 80 Stat. 922.)
§ 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.
(Pub. L. 89–668, § 5, Oct. 15, 1966, 80 Stat. 923.)
§ 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 sections 1, 2, 3, and 4 of this

Page 612

title, as amended and supplemented, relating to
the areas administered and supervised by the
Secretary through the National Park Service;
except that authority otherwise available to the
Secretary for the conservation and management
of natural resources may be utilized to the extent he finds such authority will further the
purposes of this subchapter.
(b) Land and water use management plan; preparation and implementation; provisions
In the administration, protection, and development of the lakeshore, the Secretary shall
prepare and implement a land and water use
management plan, which shall include specific
provision for—
(1) development of facilities to provide the
benefits of public recreation, including appropriate improvements to Alger County Road
H–58;
(2) protection of scenic, scientific, and historic features contributing to public enjoyment; and
(3) such protection, management, and utilization (subject to the provisions of sections
460s–8 and 460s–9 of this title) of renewable natural resources, including forage and forest
products, as in the judgment of the Secretary
is consistent with, and does not significantly
impair public recreation and protection of scenic, scientific, and historic features contributing to public enjoyment.
(c) Prohibition of certain construction
A scenic shoreline drive may not be constructed in the Pictured Rocks National Lakeshore.
(Pub. L. 89–668, § 6, Oct. 15, 1966, 80 Stat. 923; Pub.
L. 105–378, title II, § 202, Nov. 12, 1998, 112 Stat.
3398.)
AMENDMENTS
1998—Subsec. (b)(1). Pub. L. 105–378, § 202(1), substituted ‘‘including appropriate improvements to Alger
County Road H–58’’ for ‘‘including a scenic shoreline
drive’’.
Subsec. (c). Pub. L. 105–378, § 202(2), added subsec. (c).

§ 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 section 460s–10 of this title to the owner
of such interest.
(Pub. L. 89–668, § 7, Oct. 15, 1966, 80 Stat. 923.)
§ 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
section 460s–1 of this title by donation, purchase
with donated or appropriated funds, transfer
from any Federal agency, exchange, or condemnation; except that such authority to ac-

Page 613

TITLE 16—CONSERVATION

quire by condemnation shall be exercised only in
the manner and to the extent specifically authorized in this subchapter.
(b) Sale offers; hardship from delay
In exercising his authority to acquire property
under this subchapter, the Secretary shall give
immediate and careful consideration to any
offer made by an individual owning property
within the lakeshore to sell such property to the
Secretary. In considering any such offer, the
Secretary shall take into consideration any
hardship to the owner which might result from
any undue delay in acquiring his property.
(c) State donations; transfer from Federal agency
to administrative jurisdiction of Secretary
Any property or interests therein, owned by
the State of Michigan, or any political subdivisions thereof, may be acquired only by donation.
Notwithstanding any other provision of law, any
Federal property located within such area may,
with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the
Secretary for use by him in carrying out the
provisions of this subchapter.
(d) Negotiation and purchase; condemnation proceedings; fair market value
The Secretary shall make every reasonable effort to acquire property through negotiation and
purchase. Where agreement is not reached and
condemnation proceedings are filed, the owner
of such property shall be paid the fair market
value thereof as determined in such proceedings.
(e) Condemnation to acquire clear, marketable
and encumbrance-free title
Nothing in this subchapter shall be construed
to prohibit the use of condemnation as a means
of acquiring a clear and marketable title, free of
any and all encumbrances.
(f) Exchange of properties; cash equalization
payments
In exercising his authority to acquire property
by exchange the Secretary may accept title to
any non-Federal property within the area designated by section 460s–1 of this title for inclusion in the lakeshore, and in exchange therefor
he may convey to the grantor of such property
any federally owned property under his jurisdiction within the State of Michigan which he classifies as suitable for exchange or other disposal.
The values of the properties so exchanged either
shall be approximately equal or, if they are not
approximately equal, the values shall be equalized by the payment of cash to the grantor or to
the Secretary as the circumstances require.
(Pub. L. 89–668, § 8, Oct. 15, 1966, 80 Stat. 923.)
§ 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 eco-

§ 460s–10

nomic utilization of the renewable resources
through sustained yield timber management and
other resource management compatible with the
purposes of this subchapter.
(b) Description of area; places for examination of
map
As used in this subchapter, the term ‘‘inland
buffer zone’’ means that part of the lakeshore
delineated as such on the map identified as
‘‘Proposed Pictured Rocks National Lakeshore,
United States Department of the Interior, National
Park
Service,
Boundary
Map,
NL–PR–7100A, July, 1966’’. The Secretary shall
file the map with the Office of the Federal Register, and it may also be examined in the Offices
of the Department of the Interior.
(Pub. L. 89–668, § 9, Oct. 15, 1966, 80 Stat. 924.)
§ 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.
(Pub. L. 89–668, § 10, Oct. 15, 1966, 80 Stat. 924.)
§ 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

§ 460s–11

TITLE 16—CONSERVATION

right of use and occupancy as herein provided,
such right during its existence may be conveyed
or leased for noncommercial residential purposes in accordance with the provisions of this
section.
(b) Termination of use and occupancy because of
noncompliance with statutory uses; adjustment of compensation
Any deed or other instrument used to transfer
title to property, with respect to which a right
of use and occupancy is retained under this section, shall provide that such property shall not
be used for any purpose which is incompatible
with purposes of this subchapter, or which impairs the usefulness and attractiveness of the
lakeshore and if it should be so used, the Secretary shall have authority to terminate such
right. In the event the Secretary exercises his
power of termination under this subsection he
shall pay to the owner of the right terminated
an amount equal to the value of that portion of
such right which remained unexpired on the
date of such termination.
(c) Land subject to lease of cottage or hunting
lodge; new lease for term of years or life;
conditions of lease
Any land acquired by the Secretary under this
subchapter on which there is situated a cottage
or hunting lodge which, on December 31, 1964,
was under lease to any lessee or lessees shall, if
such lease is in effect on the date such land is so
acquired, be acquired by the Secretary subject
to such lease and the right of such lessee or lessees to continue using the property covered by
such lease in accordance with the provisions
thereof. Upon the expiration of such lease, the
Secretary shall have the authority to enter into
a lease with such lessee or lessees authorizing
them to continue using such cottage or lodge (as
the case may be) for a term of not to exceed
twenty-five years, or for a term ending at the
death of such lessee or lessees, subject to such
conditions as may be prescribed by the Secretary.
(Pub. L. 89–668, § 11, Oct. 15, 1966, 80 Stat. 925.)
§ 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.
(Pub. L. 89–668, § 12, Oct. 15, 1966, 80 Stat. 925.)
§ 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.

Page 614

(Pub. L. 89–668, § 13, Oct. 15, 1966, 80 Stat. 925.)
§ 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.
(Pub. L. 89–668, § 14, Oct. 15, 1966, 80 Stat. 925.)
§ 460s–14. Pictured Rocks National Lakeshore
boundary adjustment
The boundary of Pictured Rocks National
Lakeshore is hereby modified as depicted on the
map entitled ‘‘Area Proposed for Addition to
Pictured Rocks National Lakeshore’’, numbered
625–80,043A, and dated July 1992.
(Pub. L. 104–333, div. I, title II, § 203, Nov. 12, 1996,
110 Stat. 4106.)
CODIFICATION
Section was enacted as part of the Omnibus Parks
and Public Lands Management Act of 1996, and not as
part of Pub. L. 89–668 which comprises this subchapter.

§ 460s–15. Pictured Rocks National Lakeshore
boundary revision
(a) Transfer
As soon as practicable after November 25, 2002,
the Administrator of General Services may
transfer to the Secretary, without consideration, administrative jurisdiction over, and
management of, the public land.
(b) Boundary revision
The boundary of the Lakeshore is revised to
include the public land transferred under subsection (a) of this section.
(c) Availability of map
The map shall be on file and available for public inspection in the appropriate offices of the
National Park Service.
(d) Administration
The Secretary may administer the public land
transferred under section 1 (a) of this section—
(1) as part of the Lakeshore; and
(2) in accordance with applicable laws (including regulations).
(e) Access to aids to navigation
The Secretary of Transportation, in consultation with the Secretary, may access the front
and rear range lights on the public land for the
purposes of servicing, operating, maintaining,
and repairing those lights.
(f) Definitions
In this section:
(1) Lakeshore
The term ‘‘Lakeshore’’ means the Pictured
Rocks National Lakeshore in the State of
Michigan.
(2) Map
The term ‘‘map’’ means the map entitled
‘‘Proposed Addition to Pictured Rocks Na1 So

in original. Probably should be ‘‘subsection’’.

Page 615

TITLE 16—CONSERVATION

tional Lakeshore’’, numbered 625/80048, and
dated April 2002.
(3) Public land
The term ‘‘public land’’ means the approximately .32 acres of United States Coast Guard
land and improvements to the land, including
the United States Coast Guard Auxiliary Operations Station and the front and rear range
lights, as depicted on the map.
(4) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(g) Authorization of appropriations
There are authorized to be appropriated to the
Secretary $225,000 to restore, preserve, and
maintain the public land transferred under subsection (a) of this section.
(Pub. L. 107–295, title IV, § 437, Nov. 25, 2002, 116
Stat. 2129.)
CODIFICATION
Section was enacted as part of the Omnibus Maritime
and Coast Guard Improvements Act of 2002, and also as
part of the Maritime Transportation Security Act of
2002, and not as part of Pub. L. 89–668 which comprises
this subchapter.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

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 section
460t–1(b) of this title, by publication of an
amended description in the Federal Register.

§ 460t–1

(Pub. L. 89–664, § 1, Oct. 15, 1966, 80 Stat. 913.)
§ 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.

§ 460t–2

TITLE 16—CONSERVATION

(Pub. L. 89–664, § 2, Oct. 15, 1966, 80 Stat. 913.)
§ 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.
(Pub. L. 89–664, § 3, Oct. 15, 1966, 80 Stat. 914.)
§ 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.
(Pub. L. 89–664, § 4, Oct. 15, 1966, 80 Stat. 914.)
REFERENCES IN TEXT
Section 2(d) of the Act of July 15, 1958, 72 Stat. 363,
referred to in text, provided that: ‘‘The members of the
Crow Tribe of Indians of Montana shall be permitted to
hunt and fish in and on the Yellowtail Reservoir and
taking area without a license.’’, and was not classified
to the Code.

§ 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.
(Pub. L. 89–664, § 5, Oct. 15, 1966, 80 Stat. 914; Pub.
L. 92–272, title I, § 101(3), Apr. 11, 1972, 86 Stat.
120.)

Page 616
AMENDMENTS

1972—Pub. L. 92–272 increased the authorization of appropriations from not more than $355,000 to not more
than $780,000.

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.
(Pub. L. 89–761, § 1, Nov. 5, 1966, 80 Stat. 1309;
Pub. L. 94–549, § 1(1), Oct. 18, 1976, 90 Stat. 2529;
Pub. L. 96–612, § 1(2), Dec. 28, 1980, 94 Stat. 3575;
Pub. L. 99–583, § 1(a), Oct. 29, 1986, 100 Stat. 3318;
Pub. L. 102–430, § 3(a), Oct. 23, 1992, 106 Stat.
2208.)
AMENDMENTS
1992—Pub. L. 102–430, which directed amendment of
section by substituting ‘‘October 1992, and numbered
626–80,039–C’’ for ‘‘October 1986, and numbered
62680033–B’’, was executed by making the substitution
for ‘‘October 1986, and numbered 626–80,033–B’’ to reflect
the probable intent of Congress.
1986—Pub. L. 99–583 substituted ‘‘October 1986, and
numbered 626–80,033–B’’ for ‘‘December 1980, and bearing
the number 626–91014’’.
1980—Pub. L. 96–612 substituted ‘‘December 1980, and
bearing the number 626–91014’’ for ‘‘September 1976 and
bearing the number 626–91007.’’
1976—Pub. L. 94–549 substituted ‘‘ ‘Boundary Map, Indiana Dunes National Lakeshore’, dated September 1976
and bearing the number ‘626–91007’ ’’ for ‘‘ ‘A Proposed
Indiana Dunes National Lakeshore’, dated September
1966, and bearing the number ‘LNPNE–1008–ID’ ’’.
SHORT TITLE OF 1992 AMENDMENT
Section 1 of Pub. L. 102–430 provided that: ‘‘This Act
[enacting sections 460u–25 and 460u–26 of this title,
amending this section and sections 460u–3, 460u–5,
460u–9, and 460u–18 of this title, and repealing section
460u–12 of this title] may be cited as the ‘Indiana Dunes
National Lakeshore Access and Enhancement Act’.’’
EFFECTIVE DATE OF AUTHORIZATIONS OF APPROPRIATIONS; AUTHORITY TO CONTRACT, INCUR OBLIGATIONS,
AND MAKE PAYMENTS
Section 2 of Pub. L. 96–612 provided that: ‘‘Authorizations of moneys to be appropriated under this Act [enacting sections 460u–20 to 460u–23 of this title and
amending this section and sections 460u–1, 460u–3,
460u–5, 460u–7, and 460u–9 of this title] shall be effective
on October 1, 1981. Notwithstanding any other provision
of this Act, authority to enter into contracts, to incur
obligations, or to make payments under this Act shall
be effective only to the extent, and in such amounts, as
are provided in advance in appropriation Acts.’’

Page 617

TITLE 16—CONSERVATION

§ 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 non-Federal
property located within the area described in
section 460u of this title and convey to the
grantor of such property any federally owned
property under the jurisdiction of the Secretary
which he classifies as suitable for exchange or
other disposal within the State of Indiana or Illinois. Properties so exchanged shall be approximately equal in fair market value, as determined by the Secretary who may, in his discretion, base his determination on an independent
appraisal obtained by him: Provided, That the
Secretary may accept cash from or pay cash to
the grantor in such an exchange in order to
equalize the values of the properties exchanged.
The Secretary is expressly authorized to acquire
by donation, purchase with donated or appropriated funds, or exchange, lands or interests
therein which are owned for school or educational purposes by a State or a political subdivision thereof.
(b) Liability of United States under contracts
contingent on appropriations
In exercising his authority to acquire property
under subsection (a) of this section, the Secretary may enter into contracts requiring the
expenditure, when appropriated, of funds authorized to be appropriated by section 460u–9 of
this title, but the liability of the United States
under any such contract shall be contingent on
the appropriation of funds sufficient to fulfill
the obligations thereby incurred.
(Pub. L. 89–761, § 2, Nov. 5, 1966, 80 Stat. 1309;
Pub. L. 96–612, § 1(3), (4), Dec. 28, 1980, 94 Stat.
3575.)
AMENDMENTS
1980—Subsec. (a). Pub. L. 96–612, § 1(3), inserted provision authorizing the Secretary to acquire or exchange
lands or interests therein owned for school or educational purposes by a State or political subdivision
thereof.
Subsec. (b). Pub. L. 96–612, § 1(4), made technical
amendment to reference in original act which appears
in text as reference to section 460u–9 of this title.
ACQUISITION OF LANDS BY EXCHANGE
Pub. L. 97–356, Oct. 19, 1982, 96 Stat. 1703, provided:
‘‘That (a) notwithstanding the fourth sentence of section 2(a) of the Act entitled ‘An Act to provide for the
establishment of the Indiana Dunes National Lakeshore, and for other purposes’, approved November 5,
1966 (16 U.S.C. 460u–1(a)), or any other provision of law,
the Secretary of the Interior is authorized—

§ 460u–2

‘‘(1) to accept from the State of Indiana the conveyance of 69.17 acres of land located within area IV–A,
as designated on the map referred to in the first section of such Act (16 U.S.C. 460u), commonly known as
‘Blue Heron Rookery’, and
‘‘(2) in exchange for such conveyance, to convey to
the State of Indiana 31.26 acres of land located within
area IV, as designated on such map, commonly
known as ‘Hoosier Prairie’.
‘‘(b) The Secretary of the Interior may not carry out
the conveyance specified in subsection (a)(2) unless, simultaneously with such conveyance and in consideration of such conveyance, the State of Indiana—
‘‘(1) transfers to the Secretary all right, title, and
interest in the land described in subsection (a)(1);
‘‘(2) enters into a recordable agreement satisfactory
to the Secretary providing that—
‘‘(A) the State will not use, or permit the use, of
the land described in subsection (a)(2) for any purpose other than the interpretation and public appreciation and use of the Hoosier Prairie Unit of
the Indiana Dunes National Lakeshore;
‘‘(B) the State will not transfer any right, title,
or interest in, or control over, any land described in
subsection (a)(2) to any person other than the Secretary;
‘‘(C) the State will permit access by the Secretary
at reasonable times to the land described in subsection (a)(2); and
‘‘(D) upon a final determination by the Secretary
that—
‘‘(i) the State has failed to comply with the requirements of subparagraph (A) or (B), and
‘‘(ii) after receipt of notice from the Secretary
respecting such failure, the State has failed or refused to comply with such requirements,
all right, title, and interest in such land shall revert to the United States for administration by the
Secretary as part of the lakeshore.
The Secretary may make a determination under subparagraph (D) only after notice and opportunity for
hearing on the record. The reversion under subparagraph (D) shall take effect upon publication of such determination by the Secretary in the Federal Register
without further notice or requirement for physical
entry by the Secretary unless an action for judicial review is brought in the United States court of appeals
for the appropriate circuit within ninety days following
such publication. In any such action the court may
issue such orders as appropriate to carry out the requirements of this subsection.’’

§ 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 section 460u of this title which in
his opinion is efficiently administrable for the
purposes of this subchapter, he shall establish
the Indiana Dunes National Lakeshore by publication of notice thereof in the Federal Register.
By no later than October 1, 1977, the Secretary
shall publish in the Federal Register a detailed
description of the boundaries of the lakeshore
and shall from time to time so publish any additional boundary changes as may occur. Following such establishment and subject to the limitations and conditions prescribed in section 460u
of this title, the Secretary may continue to acquire lands and interests in lands for the lakeshore.
(Pub. L. 89–761, § 3, Nov. 5, 1966, 80 Stat. 1309;
Pub. L. 94–549, § 1(2), Oct. 18, 1976, 90 Stat. 2529.)

§ 460u–3

TITLE 16—CONSERVATION
AMENDMENTS

1976—Pub. L. 94–549 inserted provision requiring the
Secretary to publish in the Federal Register, no later
than October 1, 1977, the boundaries of the lakeshore
and from time to time publish any additional changes
in the boundaries as they occur.

§ 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.
Property within boundaries of map
Dated October 1992, No. 626–80,039–C
Dated October 1986, No. 626–80,033–B
Dated December 1980, No. 626–91014
Dated September 1976, No. 626–91007
Dated September 1966, No. LNPNE–1008–ID

Construction
began before
October 1, 1991
February 1, 1986
January 1, 1981
February 1, 1973
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.

Page 618

(Pub. L. 89–761, § 4, Nov. 5, 1966, 80 Stat. 1309;
Pub. L. 94–549, § 1(3), Oct. 18, 1976, 90 Stat. 2529;
Pub. L. 96–612, § 1(5), Dec. 28, 1980, 94 Stat. 3575;
Pub. L. 99–583, § 1(b), Oct. 29, 1986, 100 Stat. 3318;
Pub. L. 102–430, § 4(a), Oct. 23, 1992, 106 Stat.
2208.)
AMENDMENTS
1992—Pub. L. 102–430 amended table generally. Prior
to amendment, table read as follows:
‘‘Property Within Boundaries of Map
Dated
Dated
Dated
Dated

October 1986, #626–80,033–B ................
December 1980, #626–91014 .................
September 1976, #626–91007 ................
September 1966, #LNPNE–1008–ID .....

Construction
Began Before
February 1, 1986
January 1, 1981
February 1, 1973
January 4, 1965’’.

1986—Pub. L. 99–583 substituted provisions defining
‘‘improved property’’ and ‘‘appropriate map’’ for former
provisions which read as follows: ‘‘The term ‘‘improved
property’’, whenever used in this subchapter, shall
mean a detached, one-family dwelling, construction of
which was begun before January 1, 1981 or, in the case
of improved property located within the boundaries delineated on a map identified as ‘‘Boundary Map, Indiana Dunes National Lakeshore’’, dated September 1976
and bearing the number 626–91007, before February 1,
1973, or, in the case of improved property located within the boundaries delineated on a map identified as ‘‘A
Proposed Indiana Dunes National Lakeshore’’, dated
September
1966,
and
bearing
the
number
‘‘LNPNE–1008–ID’’, which map is on file and available
for public inspection in the Office of the Director of the
National Park Service, Department of the Interior, before January 4, 1965, together with so much of the land
on which the dwelling is situated, the said land being
in the same ownership as the dwelling, as the Secretary
shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on
the lands so designated.’’
1980—Pub. L. 96–612 inserted ‘‘January 1, 1981 or, in
the case of improved property located within the
boundaries delineated on a map identified as ‘Boundary
Map, Indiana Dunes National Lakeshore’, dated September 1976 and bearing the number 626–91007, before’’
after ‘‘begun before’’.
1976—Pub. L. 94–549 struck out subsec. (a) which related to the suspension of the authority of the Secretary to acquire improved property by condemnation
when an appropriate zoning agency had in force a valid
zoning ordinance, designated subsec. (b) as the entire
provision, and in the entire provision as so designated,
inserted provision including in definition of ‘‘improved
property’’ a one-family dwelling the construction of
which was begun before February 1, 1973, or in the case
of improved property located within the boundaries of
the map bearing the number ‘‘LNPNE–1008–ID’’, property the construction of which was begun before January 4, 1965, and provision which subjected all rights of
use and occupancy to terms and conditions the Secretary deems appropriate.

§ 460u–4. Repealed. Pub. L. 94–549, § 1(9), Oct. 18,
1976, 90 Stat. 2533
Section, Pub. L. 89–761, § 5, Nov. 5, 1966, 80 Stat. 1310,
authorized Secretary to set standards for and to approve use of local zoning ordinances with regard to
preservation and development of lakeshore areas and in
event of nonconforming variances, to terminate suspension of his authority to acquire improved property
by condemnation.

Page 619

§ 460u–5

TITLE 16—CONSERVATION

§ 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 section 460u–3 of
this title, dated December 1980, and numbered
626–91014, as area II–B, any owner or owners of
record of improved property may retain a right
of use and occupancy of said improved property
for noncommercial residential purposes for a
term (A) ending on his or her death or the death
of his or her spouse, whichever occurs last, or
(B) for a fixed term not to extend beyond September 30, 2010, or such lesser term as the owner
or owners may elect at the time of acquisition
by the Secretary. In the case of improved property within the boundaries of the map dated December 1980 and numbered 626–91014 the retention of a retained right under clause numbered
(A) shall only be available to homeowners of
record as of October 1, 1980, who have attained
the age of majority as of that date and make a
bona fide written offer not later than October 1,
1985, to sell to the Secretary. Where any such
owner retains a right of use and occupancy as
herein provided, such right during its existence
may be conveyed or leased for noncommercial
residential purposes. The Secretary shall pay to
the owner the fair market value of the property
on the date of such acquisition, less the fair
market value on such date of the right retained
by the owner.
(2)(A) In the case of property included within
the boundaries of the lakeshore after 1980, any
owner or owners of record of improved property
may retain a right of use and occupancy for noncommercial residential purposes for a term ending at either of the following:
(i) A fixed term not to extend beyond September 30, 2010, or such lesser fixed term as
the owner or owners may elect at the time of
acquisition.
(ii) A term ending at the death of any owner
or of a spouse of any owner, whichever occurs
last.
The owner shall elect the term to be reserved.
(B) The retention of rights under subparagraph
(A) shall be available only to individuals who
are homeowners of record as of July 1, 1986, who
have attained the age of majority as of that date
and who make a bona fide written offer not later
than July 1, 1991, to sell to the Secretary.
(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 may retain a right of use and occupancy of
such improved property for noncommercial residential purposes for a term ending, subject to
subparagraph (B), 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)(ii) 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 section
460u–3 of this title.
(c) Extension of use and occupancy rights
With respect to improved properties acquired
prior to December 28, 1980, and upon which a
valid existing right of use and occupancy has
been reserved for a term of not more than twenty years, the Secretary may, in his discretion,
extend the term of such retained right for a period of not more than nine years upon receipt of
payment prior to September 30, 1983, from the
holder of the retained right. The amount of such
payment shall be equivalent to the amount discounted from the purchase price paid by the
Secretary for the identical period of time under
the terms of the original sale adjusted by a general index adopted by the Secretary reflecting
overall value trends within Indiana Dunes National Lakeshore between the time of the original sale and the time of the retained right of extension offered by this subsection.
(Pub. L. 89–761, § 5, formerly § 6, Nov. 5, 1966, 80
Stat. 1311; renumbered § 5 and amended Pub. L.
94–549, § 1(4), (9), Oct. 18, 1976, 90 Stat. 2529, 2533;
Pub. L. 96–612, § 1(6), (7), Dec. 28, 1980, 94 Stat.
3576; Pub. L. 99–583, § 1(c), Oct. 29, 1986, 100 Stat.
3319; Pub. L. 102–430, § 4(b), (c), Oct. 23, 1992, 106
Stat. 2208, 2209; Pub. L. 105–277, div. A, § 101(e)
[title I, § 141], Oct. 21, 1998, 112 Stat. 2681–231,
2681–266.)
REFERENCES IN TEXT
The effective date of this sentence, referred to in subsec. (b), probably refers to the date of enactment of
Pub. L. 94–549, which was approved Oct. 18, 1976.
PRIOR PROVISIONS
A prior section 5 of Pub. L. 89–761 was classified to
section 460u–4 of this title, prior to repeal by Pub. L.
94–549, § 1(9).

§ 460u–6

TITLE 16—CONSERVATION
AMENDMENTS

1998—Subsec. (a)(3)(A). Pub. L. 105–277, § 101(e) [title I,
§ 141(1)], in introductory provisions, struck out ‘‘as of
that date’’ after ‘‘record of such property’’ and inserted
‘‘, subject to subparagraph (B),’’ after ‘‘term ending’’.
Subsec. (a)(3)(B). Pub. L. 105–277, § 101(e) [title I,
§ 141(2)], substituted ‘‘Subparagraph (A)(ii)’’ for ‘‘Subparagraph (A)’’ in introductory provisions.
1992—Subsec. (a)(1). Pub. L. 102–430, § 4(c), substituted
a comma for a period after first reference to
‘‘626–91014’’.
Subsec. (a)(3). Pub. L. 102–430, § 4(b), added par. (3).
1986—Subsec. (a). Pub. L. 99–583 designated existing
provisions as par. (1), inserted ‘‘owners described in
paragraph (2) and’’ and substituted reference to the
map referred to in section 460u–3 of this title for reference to the map referred to in section 460u of this
title, ‘‘(A)’’ for ‘‘(1)’’ in two places, ‘‘(B)’’ for ‘‘(2)’’, and
‘‘. In the case of improved property within the boundaries of the map dated December 1980 and numbered
626–91014’’ for ‘‘: Provided, That’’, and added par. (2).
1980—Subsec. (a). Pub. L. 96–612, § 1(6), substituted
provisions authorizing certain owners of improved
property, except such owners within area II–B, to retain rights of use and occupancy of such property for
noncommercial residential purposes for a term either
ending at death or at a specified date no later than September 30, 2010, for provisions authorizing certain owners of similar property to retain such rights for similar
purposes for a fixed term of twenty years or less, as
elected, authorizing the conveyance or leasing of such
rights, and specifying the formula for reimbursing such
owners upon acquisition of such property by the Secretary.
Subsec. (c). Pub. L. 96–612, § 1(7), added subsec. (c).
1976—Subsec. (a). Pub. L. 94–549, § 1(4)(a), provided
that owners within unit II–B on the map referred to in
section 460u of this title be excluded from use and occupancy rights, that owners attain the age of majority to
be eligible to retain use and occupancy rights, and that
the maximum term that an owner may retain use and
occupancy rights be reduced to twenty years from
twenty-five years.
Subsec. (b). Pub. L. 94–549, § 1(4)(b), substituted provision requiring failure of property to be used in accordance with the terms and applicable conditions as
grounds for termination by the Secretary for provision
which required failure of the property to be used in accordance with applicable zoning standards, added nonpayment of property taxes as a ground for termination,
and provided that the standards for right of use and occupancy applicable prior to Oct. 18, 1976 remain in effect for such right, including applicable zoning regulations.

§ 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

Page 620

flora and fauna or the physiographic conditions
now prevailing or with the preservation of such
historic sites and structures as the Secretary
may designate: Provided, That the Secretary
may provide for the public enjoyment and understanding of the unique natural, historic, and
scientific features within the lakeshore by establishing such trails, observation points, and
exhibits and providing such services as he may
deem desirable for such public enjoyment and
understanding: Provided further, That the Secretary may develop for appropriate public uses
such portions of the lakeshore as he deems especially adaptable for such uses.
(Pub. L. 89–761, § 6, formerly § 7, Nov. 5, 1966, 80
Stat. 1311; renumbered § 6, Pub. L. 94–549, § 1(9),
Oct. 18, 1976, 90 Stat. 2533.)
PRIOR PROVISIONS
A prior section 6 of Pub. L. 89–761 was renumbered
section 5 and is classified to section 460u–5 of this title.

§ 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

Page 621

shall be filled in the same manner in which the
original appointment was made.
(d) Compensation and expenses; vouchers
A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expense reasonably incurred
by the Commission in carrying out its responsibilities under this subchapter on vouchers
signed by the Chairman.
(e) Consultation of Secretary with Commission
The Secretary or his designee shall, from time
to time, consult with the Commission with respect to matters relating to the development of
the Indiana Dunes National Lakeshore and with
respect to the provisions of sections 460u–3,
460u–4,1 and 460u–5 of this title.
(f) Disposal of industrial solid wastes; identification of acceptable areas
The Advisory Commission is authorized to assist with the identification of economically and
environmentally acceptable areas, outside of the
boundaries of the lakeshore, for the handling
and disposal of industrial solid wastes produced
by the coal-fired powerplant in Porter County,
Indiana, section 21, township 37 north, range 6
west.
(Pub. L. 89–761, § 7, formerly § 8, Nov. 5, 1966, 80
Stat. 1311; renumbered § 7 and amended Pub. L.
94–549, § 1(5), (6), (9), Oct. 18, 1976, 90 Stat. 2530,
2533; Pub. L. 96–612, § 1(8), (9), Dec. 28, 1980, 94
Stat. 3576.)
REFERENCES IN TEXT
Section 460u–4 of this title, referred to in subsec. (e),
was repealed by Pub. L. 94–549, § 1(9), Oct. 18, 1976, 90
Stat. 2533.
PRIOR PROVISIONS
A prior section 7 of Pub. L. 89–761 was renumbered
section 6 and is classified to section 460u–6 of this title.
AMENDMENTS
1980—Subsec. (a). Pub. L. 96–612, § 1(8), substituted ‘‘on
September 30, 1985’’ for ‘‘ten years after the date of establishment of the national lakeshore pursuant to this
subchapter’’.
Subsec. (b). Pub. L. 96–612, § 1(9), substituted ‘‘thirteen members’’ for ‘‘eleven members’’ in provisions preceding cl. (1) and ‘‘two members who are year-round
residents’’ for ‘‘one member who is a year-round resident’’ in cls. (4) and (7).
1976—Subsec. (b). Pub. L. 94–549, § 1(5), substituted
‘‘eleven members’’ for ‘‘seven members’’ in provision
preceding cl. (1), struck out ‘‘Portage’’ after ‘‘Dunes
Acres’’ in cl. (3), and added cls. (7) to (10).
Subsec. (f). Pub. L. 94–549, § 1(6), added subsec. (f).

§ 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 nonFederal property on lands included therein.
(Pub. L. 89–761, § 8, formerly § 9, Nov. 5, 1966, 80
Stat. 1312; renumbered § 8, Pub. L. 94–549, § 1(9),
Oct. 18, 1976, 90 Stat. 2533.)
1 See

§ 460u–9

TITLE 16—CONSERVATION

References in Text note below.

PRIOR PROVISIONS
A prior section 8 of Pub. L. 89–761 was renumbered
section 7 and is classified to section 460u–7 of this title.

§ 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 section
460u–20 of this title. By October 1, 1979, the Secretary shall develop and transmit to the Committees on Interior and Insular Affairs of the
United States Congress a general management
plan detailing the development of the national
lakeshore consistent with the preservation objectives of this subchapter, indicating:
(1) the facilities needed to accommodate the
health, safety, and recreation needs of the visiting public;
(2) the location and estimated costs of all facilities, together with a review of the consistency of the master plan with State, areawide,
and local governmental development plans;
(3) the projected need for any additional facilities within the national lakeshore; and
(4) specific opportunities for citizen participation in the planning and development of
proposed facilities and in the implementation
of the general management plan generally.
The Secretary shall conduct a feasibility
study of establishing United States Highway 12
as the ‘‘Indiana Dunes Parkway’’ under the jurisdiction of the National Park Service. The
Secretary shall submit the results of such study
to the Committee on Interior and Insular Affairs
of the United States House of Representatives
and the Committee on Energy and Natural Resources of the United States Senate within two
years after October 29, 1986. Effective October 1,
1986, there is authorized to be appropriated such
sums as may be necessary for the purposes of
conducting the feasibility study.
(Pub. L. 89–761, § 9, formerly § 10, Nov. 5, 1966, 80
Stat. 1312; Pub. L. 93–477, title I, § 101(6), Oct. 26,
1974, 88 Stat. 1445; renumbered § 9 and amended
Pub. L. 94–549, § 1(7), (9), Oct. 18, 1976, 90 Stat.
2530, 2533; Pub. L. 95–625, title I, § 101(16), Nov. 10,
1978, 92 Stat. 3472; Pub. L. 96–612, § 1(10), Dec. 28,
1980, 94 Stat. 3576; Pub. L. 99–583, § 1(d), Oct. 29,
1986, 100 Stat. 3319; Pub. L. 102–430, § 9, Oct. 23,
1992, 106 Stat. 2210.)
CODIFICATION
Amendment by section 101(16) of Pub. L. 95–625 was,
in the original, to section 10 of Pub. L. 89–761 but has
been executed to section 9 of Pub. L. 89–761, as the probable intent of Congress, in view of the prior redesignation of former section 10 of Pub. L. 89–761 as section 9 by Pub. L. 94–549, § 9, Oct. 18, 1976, 90 Stat. 2533.
PRIOR PROVISIONS
A prior section 9 of Pub. L. 89–761 was renumbered
section 8 and is classified to section 460u–8 of this title.
AMENDMENTS
1992—Pub. L. 102–430 substituted ‘‘The Secretary may
expend such sums as may be necessary from the Land

§ 460u–10

TITLE 16—CONSERVATION

and Water Conservation Fund for acquisition of lands
and interests in lands, and not to exceed $27,500,000 for
development:’’ for ‘‘The Secretary may not expend
more than $60,812,100 from the Land and Water Conservation Fund for the acquisition of lands and interests in lands nor more than $20,000,000 for development:’’; struck out second par. which read as follows:
‘‘In addition to any sums heretofore authorized for the
acquisitions of lands and interests in lands pursuant to
the provisions of this subchapter, there are further authorized to be appropriated an additional $3,120,000.’’;
and struck out first sentence of last par. which read as
follows: ‘‘In addition to any other sums authorized for
the acquisition of lands and interests in lands pursuant
to the provisions of this subchapter there are authorized to be appropriated an additional $3,500,000 to be
used for such purposes.’’
1986—Pub. L. 99–583 substituted ‘‘$20,000,000’’ for
‘‘$11,000,000’’ and inserted provisions authorizing an additional $3,500,000 for acquisition of property and directing the Secretary to conduct a feasibility study of
establishing Indiana Dunes Parkway.
1980—Pub. L. 96–612 increased the amount the Secretary could expend for land development from
$9,440,000 to $11,000,000, inserted proviso that not more
than $500,000 of said amount could be appropriated for
the development of the education center, and authorized appropriations of $3,120,000 in addition to sums already authorized for the acquisition of lands and interests in lands.
1978—Pub. L. 95–625 increased development appropriations authorization to $9,440,000 from $8,500,000.
1976—Pub. L. 94–549, § 1(7), substituted provision authorizing the Secretary to expend not more than
$60,812,100 from the Land and Water Conservation Fund
for the acquisition of lands and interest in lands and
not more than $8,500,000 for development and requiring
the Secretary to develop and submit a general management plan to the Committees on the Interior and Insular Affairs by Oct. 1, 1979 for provision which authorized not more than $35,526,000 for acquisition in land
and interest in land.
1974—Pub. L. 93–477 substituted ‘‘$35,526,000’’ for
‘‘$27,900,000’’.
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.

§ 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 Michi-

Page 622

gan City Generating Station, which parcel by
this subchapter is included within the boundaries of the Indiana Dunes National Lakeshore
and herein designated as area II–I on National
Park Service Boundary Map No. 626–80,033–B,
dated October 1986, excluding that certain parcel of approximately 6.0 acres adjacent Mineral Springs Road in areas II–I, and
(2) land owned in fee by the Northern Indiana Public Service Company and used for high
voltage electrical transmission lines, pipelines, and utility purposes as has by this subchapter been included within the boundaries of
the Indiana Dunes National Lakeshore and
herein designated as area II–H on said National Park Service Boundary Map No.
626–80,033–B.
(Pub. L. 89–761, § 10, formerly § 11, as added and
renumbered Pub. L. 94–549, § 1(8), (9), Oct. 18,
1976, 90 Stat. 2530, 2533; amended Pub. L. 99–583,
§ 1(e), Oct. 29, 1986, 100 Stat. 3319.)
PRIOR PROVISIONS
A prior section 10 of Pub. L. 89–761 was renumbered
section 9 and is classified to section 460u–9 of this title.
AMENDMENTS
1986—Pub. L. 99–583 inserted provisions relating to
the existing property rights of the Northern Indiana
Public Service Company on Oct. 1, 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.
(Pub. L. 89–761, § 11, formerly § 12, as added and
renumbered Pub. L. 94–549, § 1(8), (9), Oct. 18,
1976, 90 Stat. 2531, 2533.)
§ 460u–12. Repealed. Pub. L. 102–430, § 3(b), Oct.
23, 1992, 106 Stat. 2208
Section, Pub. L. 89–761, § 12, formerly § 13, as added
and renumbered Pub. L. 94–549, § 1(8), (9), Oct. 18, 1976,
90 Stat. 2531, 2533, related to acquisition of area III–B
for not more than $800,000.

§ 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

Page 623

§ 460u–18

TITLE 16—CONSERVATION

in section 460u–3 of this title, dated December
1980 and numbered 626–91014 only with the consent of the owner unless the present owner attempts to sell or otherwise dispose of such area.
(b) The Secretary may acquire that portion of
area IV–B in private ownership on the map referred to in section 460u of this title only with
the consent of the owner: Provided, That the
Secretary may acquire an agricultural easement
should the owner change the use in existence as
of September 19, 1986, through eminent domain.
(Pub. L. 89–761, § 13, formerly § 14, as added and
renumbered Pub. L. 94–549, § 1(8), (9), Oct. 18,
1976, 90 Stat. 2531, 2533; amended Pub. L. 99–583,
§ 1(f), Oct. 29, 1986, 100 Stat. 3320.)
AMENDMENTS
1986—Pub. L. 99–583 designated existing provisions as
subsec. (a), substituted ‘‘460u–3 of this title, dated December 1980 and numbered 626–91014’’ for ‘‘460u of this
title’’, and added subsec. (b).

§ 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.
(Pub. L. 89–761, § 14, formerly § 15, as added and
renumbered Pub. L. 94–549, § 1(8), (9), Oct. 18,
1976, 90 Stat. 2531, 2533.)
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.

§ 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.

(Pub. L. 89–761, § 15, formerly § 16, as added and
renumbered Pub. L. 94–549, § 1(8), (9), Oct. 18,
1976, 90 Stat. 2531, 2533; amended Pub. L. 99–583,
§ 1(h), Oct. 29, 1986, 100 Stat. 3320.)
AMENDMENTS
1986—Pub. L. 99–583 inserted provisions relating to acquisition of interests in the rights-of-way designated
Crossing B and Crossing C.

§ 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 section 460u–3 of this title, dated
October 1976, and numbered 626–9100.1 Such
agreement shall provide that any roadway constructed by the landowner south of United
States Route 12 within such vicinity shall include grading, landscaping, and plantings of
vegetation designed to prevent soil erosion and
to minimize the aural and visual impacts of said
construction, and of traffic on such roadway, as
perceived from the Little Calumet River.
(Pub. L. 89–761, § 16, formerly § 17, as added and
renumbered Pub. L. 94–549, § 1(8), (9), Oct. 18,
1976, 90 Stat. 2531, 2533; amended Pub. L. 99–583,
§ 1(g), Oct. 29, 1986, 100 Stat. 3320.)
AMENDMENTS
1986—Pub. L. 99–583 inserted provisions relating to
the map referred to in section 460u–3 of this title.

§ 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.
(Pub. L. 89–761, § 17, formerly § 18, as added and
renumbered Pub. L. 94–549, § 1(8), (9), Oct. 18,
1976, 90 Stat. 2531, 2533.)
§ 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
1 So in original. Probably should be ‘‘September 1976, and numbered 626–91007.’’

§ 460u–19

TITLE 16—CONSERVATION

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 section 460u of this title
(referred to as the ‘‘Greenbelt’’):
(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

Page 624

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.
(Pub. L. 89–761, § 18, formerly § 19, as added and
renumbered Pub. L. 94–549, § 1(8), (9), Oct. 18,
1976, 90 Stat. 2532, 2533; Pub. L. 102–430, § 5, Oct.
23, 1992, 106 Stat. 2209.)
AMENDMENTS
1992—Pub. L. 102–430 designated existing provisions as
subsec. (a) and added subsec. (b).
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.

§ 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.
(Pub. L. 89–761, § 19, formerly § 20, as added and
renumbered Pub. L. 94–549, § 1(8), (9), Oct. 18,
1976, 90 Stat. 2532, 2533.)
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

Page 625

§ 460u–21

TITLE 16—CONSERVATION

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.

§ 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.
(Pub. L. 89–761, § 20, as added Pub. L. 96–612, § 1(1),
Dec. 28, 1980, 94 Stat. 3575.)
§ 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 section 6506 of
title 31 as implemented by Office of Manage-

ment and Budget Circular A–95, and which have
comprehensive planning responsibilities in the
regions where the lakeshore is located, as well
as any other agencies or organizations which the
Secretary may designate. The Secretary shall
make provision for timely and substantive consultations with the appropriate agencies of the
States of Indiana and Illinois, local elected officials, and the general public in the formulation
and implementation of the study.
(c) Adequacy of access facilities
The study shall address the adequacy of access
facilities for members of the public who desire
to visit and enjoy the lakeshore. Consideration
shall be given to alternatives for alleviating the
dependence on automobile transportation. The
study of public transportation facilities shall
cover the distance from cities of thirty-five
thousand population or more within fifty miles
of the lakeshore.
(d) Access proposals; retention of lakeshore values
The study shall include proposals deemed necessary to assure equitable visitor access and
public enjoyment by all segments of the population, including those who are physically or
economically disadvantaged. It shall provide for
retention of the natural, scenic, and historic
values for which the lakeshore was established,
and shall propose plans and alternatives for the
protection and maintenance of these values as
they relate to transportation improvements.
(e) Renovation and preservation of South Shore
Railroad
The study shall examine proposals for the renovation and preservation of a portion of the existing South Shore Railroad passenger car fleet.
The study shall consider the historic value of
the existing rolling stock and its role in transporting visitors into and within the lakeshore.
(f) Alternative improvement plans; cost estimates; sources of funding
The study shall present alternative plans to
improve, construct, and extend access roads,
public transportation, and bicycle and pedestrian trails. It shall include cost estimates of all
plans considered in this study, and shall discuss
existing and proposed sources of funding for the
implementation of the recommended plan alternatives.
(g) Submittal to Congress
The study shall be completed and presented to
the Congress within two complete fiscal years
from the effective date of this provision.
(h) Authorization of appropriations
Effective October 1, 1981, there is hereby authorized to be appropriated not to exceed
$200,000 for this study.
(Pub. L. 89–761, § 21, as added Pub. L. 96–612,
§ 1(11), Dec. 28, 1980, 94 Stat. 3576.)
REFERENCES IN TEXT
The effective date of this provision, referred to in
subsec. (g), probably means the date of enactment of
Pub. L. 96–612, which was approved Dec. 28, 1980.
CODIFICATION
In subsec. (b), ‘‘section 6506 of title 31’’ substituted
for ‘‘title IV of the Intergovernmental Cooperation Act

§ 460u–22

TITLE 16—CONSERVATION

of 1968 [42 U.S.C. 4231 et seq.]’’ on authority of Pub. L.
97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

§ 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.
(Pub. L. 89–761, § 22, as added Pub. L. 96–612,
§ 1(12), Dec. 28, 1980, 94 Stat. 3577.)
§ 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 section 460u of this title,
to which subsection (a) of this section applies is
a parcel of land bounded—
(1) on the east by a line three hundred feet
east of the electrical transmission line crossing area VII–A on January 1, 1979;
(2) on the west by a line fifty feet west of
such electrical transmission line; and
(3) on the north and south by the northern
and southern boundaries, respectively, of area
VII–A.
(c) Boundaries of area VII–A
Area VII–A includes the bed of the railroad
tracks forming the northern and northwestern
boundaries of this area and extends to the northern edge of the bed of the railroad tracks forming the southern boundaries of this area.
(d) Inclusion in area I–D
Area I–D includes the bed of the railroad
tracks along the northern boundary of this area.
(e) Exclusions from area VII–C
The area designated as area VII–C on the map
referred to in section 460u of this title does not
include approximately 1.3 acres of land on which
the Linde Air Products plant is situated, nor
does it include approximately 1 acre of land on
which the Old Union Station building and the
adjacent REA building are situated. Except as
provided in the foregoing sentence, area VII–C
extends to, but does not include, the beds of the
railroad tracks forming the northern and southern boundaries of such area.
(Pub. L. 89–761, § 23, as added Pub. L. 96–612,
§ 1(13), Dec. 28, 1980, 94 Stat. 3577.)
§ 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

Page 626

Development Commission, the State of Indiana
or any political subdivision thereof for the planning, management, and interpretation of recreational facilities on the tract within the
boundaries of Indiana Dunes National Lakeshore
identified as tract numbered 09–177 or on lands
under the jurisdiction of the State of Indiana or
political subdivision thereof along the Little
Calumet River and Burns Waterway. The cooperative agreement may include provision for the
planning of public facilities for boating, canoeing, fishing, hiking, bicycling, and other compatible recreational activities. Any recreational
developments on lands under the jurisdiction of
the National Park Service planned pursuant to
this cooperative agreement shall be in a manner
consistent with the purposes of this subchapter,
including section 460u–6(b) of this title.
(b) Study
The Secretary shall conduct a study regarding
the options available for linking the portions of
the lakeshore which are divided by the Little
Calumet River and Burns/Portage Waterway so
as to coordinate the management and recreational use of the lakeshore. The Secretary
shall submit the results of the study to the Committee on Interior and Insular Affairs of the
United States House of Representatives and the
Committee on Energy and Natural Resources of
the United States Senate within two years after
October 29, 1986. Effective October 1, 1986, there
is authorized to be appropriated such sums as
may be necessary for the purposes of conducting
the study.
(Pub. L. 89–761, § 24, as added Pub. L. 99–583, § 1(i),
Oct. 29, 1986, 100 Stat. 3320.)
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.

§ 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.
(Pub. L. 89–761, § 25, as added Pub. L. 102–430, § 6,
Oct. 23, 1992, 106 Stat. 2209.)
§ 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 section 460u of this title) the Secretary shall consult with the Commissioner of
the Indiana Department of Transportation to
determine what lands or interests in lands are
required by the State of Indiana for improvements to 15th Avenue (including the extension
known as Old Hobart Road) and reconstruction
and relocation of the intersection of 15th Avenue and State Road 51 so that the acquisition by

Page 627

TITLE 16—CONSERVATION

the Secretary of lands or interests in lands in
Unit VII–D will not interfere with planned improvements to the interchange and 15th Avenue
in the area.
(b) Before acquiring lands or interests in lands
in Unit I–M (as designated on the map referred
to in section 460u of this title) the Secretary
shall consult with the Commissioner of the Indiana Department of Transportation to determine
what lands or interests in lands are required by
the State of Indiana for improvements to State
Road 49 and reconstruction and relocation of the
interchange with State Road 49 and U.S. 20 so
that the acquisition by the Secretary of lands or
interests in lands in Unit I–M will not interfere
with planned improvements to such interchange
and State Road 49 in the area.
(Pub. L. 89–761, § 26, as added Pub. L. 102–430, § 7,
Oct. 23, 1992, 106 Stat. 2209.)
SUBCHAPTER LXXX—FLAMING GORGE
NATIONAL RECREATION AREA
§ 460v. Establishment

§ 460v–4

will promote or are compatible with, and do not
significantly impair the purposes for which the
recreation area is established: Provided, That
lands or waters needed or used for the operation
of the Colorado River storage project shall continue to be administered by the Secretary of the
Interior to the extent he determines to be required for such operation.
(Pub. L. 90–540, § 2, Oct. 1, 1968, 82 Stat. 904.)
§ 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 460v of this title.

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.

The Secretary shall permit hunting, fishing,
and trapping on the lands and waters under his
jurisdiction within the recreation area in accordance with the applicable Federal and State
laws: Provided, That the Secretary, after consultation with the respective State fish and
game commissions, may issue regulations designating zones where and establishing periods
when no hunting, fishing, or trapping shall be
permitted for reasons of public safety, administration, or public use and enjoyment. Nothing in
this subchapter shall affect the jurisdiction or
responsibilities of the States of Utah and Wyoming under other provisions of State laws with
respect to hunting and fishing.

(Pub. L. 90–540, § 1, Oct. 1, 1968, 82 Stat. 904.)

(Pub. L. 90–540, § 4, Oct. 1, 1968, 82 Stat. 904.)

DUTCH JOHN FEDERAL PROPERTY DISPOSITION AND
ASSISTANCE
Pub. L. 105–326, Oct. 30, 1998, 112 Stat. 3040, as amended by Pub. L. 106–176, title III, § 303, Mar. 10, 2000, 114
Stat. 32, related to disposition of certain Federal properties located in Dutch John, Utah, and to assistance to
local government in interim delivery of basic services
to Dutch John community.

§ 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

(Pub. L. 90–540, § 3, Oct. 1, 1968, 82 Stat. 904.)
§ 460v–3. Hunting, fishing, and trapping

§ 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 section 387 of title 43, and he may
permit the removal of leasable minerals from
lands or interests in lands within the recreation
area in accordance with the Mineral Leasing Act
of February 24, 1920,1 as amended [30 U.S.C. 181
et seq.], or the Acquired Lands Mineral Leasing
Act of August 7, 1947 [30 U.S.C. 351 et seq.], if he
finds that such disposition would not have significant adverse effects on the purposes of the
Colorado River storage project and the Secretary of Agriculture finds that such disposition
would not have significant adverse effects on the
1 So

in original. Probably should be ‘‘February 25, 1920,’’.

§ 460v–5

TITLE 16—CONSERVATION

Page 628

purposes of the recreation area: Provided, That
any lease or permit respecting such minerals in
the recreation area shall be issued only with the
consent of the Secretary of Agriculture and subject to such conditions as he may prescribe.
All receipts derived from permits and leases
issued under the authority of this section for removal of nonleasable minerals shall be paid into
the same funds or accounts in the Treasury of
the United States and shall be distributed in the
same manner as provided for receipts from national forests. Any receipts derived from permits or leases issued on lands in the recreation
area under the Mineral Leasing Act of February
25, 1920, as amended, or the Act of August 7, 1947,
shall be disposed of as provided in the applicable
Act.

(Pub. L. 90–540, § 8, Oct. 1, 1968, 82 Stat. 905.)

(Pub. L. 90–540, § 5, Oct. 1, 1968, 82 Stat. 904.)

§ 460w. Establishment; boundaries

REFERENCES IN TEXT
The Acquired Lands Mineral Leasing Act of August 7,
1947, referred to in text, is act Aug. 7, 1947, ch. 513, 61
Stat. 913, which is classified generally to chapter 7 (§ 351
et seq.) of Title 30. For complete classification of this
Act to the Code, see Short Title note set out under section 351 of Title 30 and Tables.

§ 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 sections 460v and 460v–2 of this title.
(Pub. L. 90–540, § 6, Oct. 1, 1968, 82 Stat. 905.)
§ 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.
(Pub. L. 90–540, § 7, Oct. 1, 1968, 82 Stat. 905.)
§ 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 section 460l–9 of this title, shall be available
for the acquisition of any lands, waters, and interests therein within the boundaries of the
recreation area.

§ 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 nonFederal property, including mineral or other interests, in or on lands or waters within the
recreation area.
(Pub. L. 90–540, § 9, Oct. 1, 1968, 82 Stat. 905.)
SUBCHAPTER LXXXI—APOSTLE ISLANDS
NATIONAL LAKESHORE

In order to conserve and develop for the benefit, inspiration, education, recreational use, and
enjoyment of the public certain significant islands and shoreline of the United States and
their related geographic, scenic, and scientific
values, there is hereby established the Apostle
Islands National Lakeshore (hereinafter referred
to as the ‘‘lakeshore’’) in Ashland and Bayfield
Counties, Wisconsin, consisting of:
(a) In general
the 1 area generally depicted on the map entitled ‘‘Apostle Islands National Lakeshore’’,
numbered NL–AI–91,000, sheets 1 and 2, and
dated June 1970; and
(b) Long Island addition
Approximately 200 acres of land at the
mouth of Chequamegon Bay known as ‘‘Long
Island’’, as depicted on the map numbered
NL–AI–91,001 and dated December, 1985..2
The maps shall be on file and available for public inspection in the office of the Director, National Park Service, Department of the Interior.
(Pub. L. 91–424, § 1, Sept. 26, 1970, 84 Stat. 880;
Pub. L. 99–497, § 1(1), Oct. 17, 1986, 100 Stat. 1267.)
AMENDMENTS
1986—Pub. L. 99–497 designated the provision specifying the boundaries of the Apostle Islands National
Lakeshore as the area depicted on the map numbered
NL–AI–91,000 as par. (a), substituted ‘‘1970; and’’ for
‘‘1970’’, added par. (b), and in provision following par.
(b) substituted ‘‘maps’’ for ‘‘map’’.

§ 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 Res1 So
2 So

in original. Probably should be capitalized.
in original.

Page 629

§ 460w–5

TITLE 16—CONSERVATION

ervation agree to sell the allotment to the
Secretary of the Interior (hereinafter referred
to as the ‘‘Secretary’’), the Secretary may
consent to the sale on behalf of the other owners, purchase the allotment for the negotiated
price and revise the boundaries of the lakeshore to include the allotment.
(Pub. L. 91–424, § 2, Sept. 26, 1970, 84 Stat. 880.)
§ 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.
(Pub. L. 91–424, § 3, Sept. 26, 1970, 84 Stat. 880;
Pub. L. 99–497, § 1(2), Oct. 17, 1986, 100 Stat. 1267.)
AMENDMENTS
1986—Pub. L. 99–497 substituted ‘‘is hereby’’ for ‘‘may,
with the concurrence of the agency having custody
thereof, be’’ and inserted proviso permitting the United
States Coast Guard to utilize a portion of the lands and
facilities for use as navigational aids as long as required.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 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 section
460w(b) of this title (hereinafter referred to as
‘‘dwelling’’), together with so much of the land
on which the dwelling is situated, the said land
being in the same ownership as the dwelling, as
the Secretary shall designate to be reasonably
necessary for the enjoyment of the dwelling for
the sole purpose of noncommercial residential
use, together with any structures accessory to
the dwelling which are situated on the land so
designated.
(Pub. L. 91–424, § 4, Sept. 26, 1970, 84 Stat. 880;
Pub. L. 99–497, § 1(3), Oct. 17, 1986, 100 Stat. 1267.)
AMENDMENTS
1986—Subsec. (c). Pub. L. 99–497 inserted ‘‘, or before
January 1, 1985 for those lands referred to in section
460w(b) of this title’’.

§ 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.
(Pub. L. 91–424, § 5, Sept. 26, 1970, 84 Stat. 881.)
§ 460w–5. Administration, protection, and development of lakeshore by Secretary
The lakeshore shall be administered, protected, and developed in accordance with the
provisions of sections 1, 2, 3, and 4 of this title,
as amended and supplemented; and sections 8 to
8c of this title, as amended, except that any
other statutory authority available to the Sec-

§ 460w–6

TITLE 16—CONSERVATION

retary for the conservation and management of
natural resources may be utilized to the extent
he finds such authority will further the purposes
of this subchapter.
(Pub. L. 91–424, § 6, Sept. 26, 1970, 84 Stat. 881.)
§ 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.
(Pub. L. 91–424, § 7, Sept. 26, 1970, 84 Stat. 881.)
§ 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 section
460w(b) of this title.
(Pub. L. 91–424, § 8, Sept. 26, 1970, 84 Stat. 881;
Pub. L. 93–477, title I, § 101(11), Oct. 26, 1974, 88
Stat. 1445; Pub. L. 99–497, § 1(4), Oct. 17, 1986, 100
Stat. 1267.)
AMENDMENTS
1986—Pub. L. 99–497 inserted provision authorizing additional sums to be appropriated as necessary for acquisition of lands described in section 460w(b) of this title.
1974—Pub. L. 93–477 substituted ‘‘$5,250,000’’ for
‘‘$4,250,000’’.

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 develop-

Page 630

ments and uses which would destroy the scenic
beauty and natural character of the area. In
order to accomplish this purpose for the benefit,
inspiration, education, recreation, and enjoyment of the public, the Secretary of the Interior
(hereinafter referred to as the ‘‘Secretary’’) is
authorized to take appropriate action, as herein
provided, to establish in the State of Michigan
the Sleeping Bear Dunes National Lakeshore. In
carrying out the provisions of this subchapter,
the Secretary shall administer and protect the
Sleeping Bear Dunes National Lakeshore in a
manner which provides for recreational opportunities consistent with the maximum protection
of the natural environment within the area.
(b) Cooperation between Federal, State, and
local governments
In preserving the lakeshore and stabilizing its
development, substantial reliance shall be
placed on cooperation between Federal, State,
and local governments to apply sound principles
of land use planning and zoning. In developing
the lakeshore, full recognition shall be given to
protecting the private properties for the enjoyment of the owners.
(Pub. L. 91–479, § 1, Oct. 21, 1970, 84 Stat. 1075.)
§ 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.
(Pub. L. 91–479, § 2, Oct. 21, 1970, 84 Stat. 1075.)
§ 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.

Page 631

§ 460x–3

TITLE 16—CONSERVATION

(b) Acquisition of lands and interests therein of
category I areas
Lands and interests therein designated as category I may be acquired by the Secretary in accordance with section 460x–7 of this title.
(c) Designation of lands as within categories II
and III for acquisition by Secretary; publication in Federal Register
Within one hundred and fifty days after October 21, 1970, the Secretary shall publish in the
Federal Register an additional map or other description of those lands, if any, designated as
within categories II and III for acquisition by
him in fee in accordance with section 460x–7 of
this title.
(d) Acquisition of interests in lands designated
as category II; limitations
Except as provided in subsection (f) of this section, the Secretary may, after the publication
provided for in subsection (c) of this section, acquire only such interests in lands designated as
category II, other than those to be acquired in
fee simple, as he deems appropriate to insure the
continued conservation and preservation of the
environmental quality of the lakeshore.
(e) Acquisition of interests in lands designated
as category III; limitations
Except as provided in subsection (f) of this section, the Secretary may, after the publication
provided for in subsection (c) of this section, acquire only such interests in lands designated as
category III, other than those lands to be acquired in fee simple, as he deems appropriate to
protect lands designated for acquisition.
(f) Restrictions on use and development of real
property in categories II and III; notification
of owners by Secretary of minimum restrictions on use and development for retention
of property; compliance with restrictions as
barring acquisition by Secretary; applicability to owners not notified by Secretary; acquisition from owners not agreeing to use of
property in accordance with notice; acquisition of fee simple title
Not later than one hundred and fifty days
after October 21, 1970, the Secretary shall notify
owners of real property in categories II and III,
other than property designated by him for fee
acquisition, of the minimum restrictions on use
and development of such property under which
such property can be retained in a manner compatible with the purpose for which the lakeshore
was established. If the owner of any real property in categories II and III agrees to the use
and development of his property in accordance
with such restrictions, the Secretary may not
acquire, without the consent of such owner, such
property or interests therein for so long as the
property affected is used in accordance with
such restrictions, unless he determines that
such property is needed for public use development. The foregoing limitations on acquisition
shall also apply to any owners of real property
to whom the Secretary did not, within the time
set forth, give such a notice, except that if any
property owner has not, within ninety days of
the notice agreed to use the property in accordance with the notice, then the Secretary may

acquire, without limitation, fee or lesser interests in property by any of the methods set forth
in section 460x–7 of this title: Provided, That
nothing contained in subsections (d) and (e) of
this section, and in this subsection, which limits
the acquisition of the fee simple title to property within the lakeshore, shall prevent the Secretary from acquiring, without the consent of
the owner, the fee simple title whenever in the
Secretary’s judgment the estimated cost of acquiring the lesser interest would be a substantial percentage of the estimated cost of acquiring the fee simple title.
(Pub. L. 91–479, § 3, Oct. 21, 1970, 84 Stat. 1075.)
§ 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 section 460x–1 of this title.
(b) Membership; appointment; term of office; recommendation or designation of appointees
The Commission shall be composed of ten
members, each appointed for a term of two years
by the Secretary, as follows:
(1) Four members to be appointed from recommendations made by the counties in which
the lakeshore is situated, two members to represent each such county;
(2) Four members to be appointed from recommendations made by the Governor of the
State of Michigan; and
(3) Two members to be designated by the
Secretary.
(c) Chairman; vacancies
The Secretary shall designate one member to
be Chairman. Any vacancy in the Commission
shall be filled in the same manner in which the
original appointment was made.
(d) Compensation and expenses; vouchers
A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under this subchapter on vouchers
signed by the Chairman.
(e) Consultation of Secretary with Commission
The Secretary or his designee shall consult
with the Commission with respect to—
(1) matters relating to the development of
the lakeshore and with respect to the provisions of sections 460x–8, 460x–11, and 460x–12 of
this title; and
(2) matters relating to the implementation
of the General Management Plan provided for
in section 460x–5(b) of this title.
(Pub. L. 91–479, § 4, Oct. 21, 1970, 84 Stat. 1076;
Pub. L. 100–558, Oct. 28, 1988, 102 Stat. 2796.)
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–558, § 1(1), substituted
‘‘twenty’’ for ‘‘ten’’.
Subsec. (e). Pub. L. 100–558, § 1(2), amended subsec. (e)
generally, designating existing provisions as par. (1)
and adding par. (2).

§ 460x–4

TITLE 16—CONSERVATION

§ 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.
(Pub. L. 91–479, § 5, Oct. 21, 1970, 84 Stat. 1076.)
§ 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 sections 1, 2, 3, and 4 of this title,
as amended and supplemented, relating to the
areas administered and supervised by the Secretary through the National Park Service; except that authority otherwise available to the
Secretary for the conservation and management
of natural resources may be utilized to the extent he finds such authority will further the
purposes of this subchapter.
(b) Land and water use management plan; preparation and implementation by Secretary; required provisions
In the administration, protection, and development of the area, the Secretary shall prepare
and implement a land and water use management plan, which shall include specific provisions for—
(1) development of facilities to provide the
benefits of public recreation;
(2) protection of scenic, scientific, and historic features contributing to public enjoyment; and
(3) such protection, management, and utilization of renewable natural resources as in the
judgment of the Secretary is consistent with,
and will further the purpose of, public recreation and protection of scenic, scientific, and
historic features contributing to public enjoyment.
(c) Area review by Secretary; report to President; recommendations for preservation of
any area within lakeshore as wilderness; designation as a wilderness
Within four years from October 21, 1970, the
Secretary of the Interior shall review the area
within the Sleeping Bear Dunes National Lakeshore and shall report to the President, in accordance with subsections (c) and (d) of section
1132 of this title, his recommendation as to the
suitability or nonsuitability of any area within
the lakeshore for preservation as wilderness,
and any designation of any such area as a wilderness shall be accomplished in accordance
with said subsections.

Page 632

(d) Public use areas; preservation of rights of
owner or occupant of improved property located within public use area
In developing the lakeshore the Secretary
shall provide public use areas in such places and
manner as he determines will not diminish the
value or enjoyment for the owner or occupant of
any improved property located thereon.
(Pub. L. 91–479, § 6, Oct. 21, 1970, 84 Stat. 1077.)
§ 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 section 460x–9 of this title to the
owner of such interest.
(Pub. L. 91–479, § 7, Oct. 21, 1970, 84 Stat. 1077.)
§ 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 chapters
1 to 11 of title 40 and division C (except sections
3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of
subtitle I of title 41.
(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

Page 633

TITLE 16—CONSERVATION

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.
(Pub. L. 91–479, § 8, Oct. 21, 1970, 84 Stat. 1077.)
CODIFICATION
In subsec. (a), ‘‘chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41’’ substituted for ‘‘the
Federal Property and Administrative Services Act of
1949 (63 Stat. 377), as amended (40 U.S.C. 471 et seq.)’’ on
authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116
Stat. 1303, which Act enacted Title 40, Public Buildings,
Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4,
2011, 124 Stat. 3854, which Act enacted Title 41, Public
Contracts.
SLEEPING BEAR DUNES NATIONAL LAKESHORE
Pub. L. 108–229, May 28, 2004, 118 Stat. 645, provided
that:
‘‘SECTION 1. EXPANSION OF SLEEPING BEAR
DUNES NATIONAL LAKESHORE.
‘‘(a) IN GENERAL.—When title to the land described in
subsection (b) has vested in the United States in fee
simple, the boundary of Sleeping Bear Dunes National
Lakeshore is revised to include such land in that park.
‘‘(b) LAND DESCRIBED.—The land referred to in subsection (a) consists of approximately 104.45 acres of unimproved lands generally depicted on National Park
Service map number 634/80078, entitled ‘Bayberry Mills,
Inc. Crystal River, MI Proposed Expansion Unit to
Sleeping Bear Dunes National Lakeshore’. The Secretary of the Interior shall keep such map on file and
available for public inspection in the appropriate offices of the National Park Service.
‘‘(c) PURCHASE OF LANDS AUTHORIZED.—The Secretary
of the Interior may acquire the land described in subsection (b), only by purchase from a willing seller.
‘‘SEC. 2. LIMITATION ON ACQUISITION BY EXCHANGE OR CONVEYANCE.
‘‘The Secretary of the Interior may not acquire any
of the land described in subsection (b) of section 1
through any exchange or conveyance of lands that are
within the boundary of the Sleeping Bear Dunes National Lakeshore as of the date of the enactment of
this Act [May 28, 2004].’’

§ 460x–8

§ 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 pur-

§ 460x–9

TITLE 16—CONSERVATION

poses of this subchapter shall be approved by
him if such bylaw or amendment contains provisions which—
(1) contribute to the effect of prohibiting the
commercial and industrial use (other than a
use for a commercial purpose as authorized
under section 460x–12 of this title) of all property within the boundaries of such area which
is situated within the county or township
adopting such bylaw or amendment;
(2) are consistent with the objectives and
purposes of this subchapter so that, to the extent possible under Michigan law, the scenic
and scientific values of the lakeshore area will
be protected;
(3) are designed to preserve the lakeshore
character of the area by appropriate restrictions upon the burning of cover, cutting of
timber (except tracts managed for sustained
yield), removal of sand or gravel, and dumping, storage, or piling of refuse and other unsightly objects or other uses which would detract from the natural or traditional lakeshore scene;
(4) provide that no construction, reconstruction, moving, alteration, or enlargement of
any property, including improved property as
defined in this subchapter, within the lakeshore area shall be permitted, if such construction, reconstruction, moving, alteration,
or enlargement would afford less than a fiftyfoot setback from all streets measured at a
right angle with the street line, and a twentyfive-foot distance from all contiguous properties. Any owner or zoning authority may request the Secretary of the Interior to determine whether a proposed move, alteration,
construction, reconstruction, or enlargement
of any such property would subject such property to acquisition by condemnation, and the
Secretary, within sixty days of the receipt of
such request, shall advise the owner or zoning
authority in writing whether the intended use
will subject the property to acquisition by
condemnation; and
(5) have the effect of providing that the Secretary shall receive notice of any variance
granted under, and of any exception made to
the application of, such bylaw or amendment.
(e) Withdrawal or revocation of approval by Secretary; retroactive effect
The approval of any bylaw or amendment pursuant to subsection (d) of this section shall not
be withdrawn or revoked by the Secretary for so
long as such bylaw or amendment remains in effect as approved. Any such bylaw or amendment
so approved shall not be retroactive in its application.
(Pub. L. 91–479, § 9, Oct. 21, 1970, 84 Stat. 1078.)
§ 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 twen-

Page 634

ty-five years, or for a term ending at the death
of such owner or owners, the right of use and occupancy of such property for any residential
purpose which is not incompatible with the purposes of this subchapter, or which does not impair the usefulness and attractiveness of the
area designated for inclusion. The Secretary
shall pay to the owner the value of the property
on the date of such acquisition, less the value on
such date of the right retained by the owner.
Where any such owner retains a right of use and
occupancy as herein provided, such right during
its existence may be conveyed or leased for noncommercial residential purposes in accordance
with the provisions of this section.
(b) Option to retain use of land; notice to Secretary; payment
Any person who is—
(1) an owner of improved property described
in section 460x–10(a)(2) of this title which is
situated within the area designated for inclusion in the lakeshore on the date of its acquisition by the Secretary; or
(2) an occupier of improved property described in section 460x–10(a)(2) of this title
which is situated within the area designated
for inclusion in the lakeshore on the date of
its acquisition by the Secretary, in situations
where the fee ownership of such improved
property has been heretofore acquired by the
United States (whether by donation, purchase,
condemnation, exchange or otherwise);
may retain, for a term not to exceed twenty-five
years from January 1, 1973, or for a term ending
on the death of such owner or occupier, the right
of use or occupancy of such property for any residential purpose which is not incompatible with
the purposes of this subchapter or which does
not impair the usefulness and attractiveness of
the area designated for inclusion. Such owner or
occupier must notify the Secretary of any intention to exercise such option within 60 days after
receipt of the notice referred to in section
460x–10(c)(3) of this title. In situations where the
United States has not heretofore acquired fee
title to the improved property, the Secretary
shall pay to the owner the value of the property
on the date of such acquisition, less the value on
such date of the right retained by the owner. In
situations where the United States has heretofore acquired fee title to the improved property, the occupier may notify the Secretary that
such occupier elects to retain continued use and
occupancy of such property pursuant to this section, in which event the occupier shall pay to
the Secretary the value of the additional right
retained, which value shall be based upon the
value of the property at the time of its acquisition by the Secretary.
(c) Limitation on use in instrument evidencing
right; Secretary’s power of termination of
right
Any deed or other instrument used to transfer
title to property, with respect to which a right
of use and occupancy is retained under this section, and any instrument evidencing any right
of use and occupancy retained by any occupier
under this section, shall provide that such property shall not be used for any purpose which is

Page 635

TITLE 16—CONSERVATION

incompatible with purposes of this subchapter,
or which impairs the usefulness and attractiveness of such area, and if it should be so used,
that the Secretary many 1 terminate such right.
In the event the Secretary exercises his power of
termination under this subsection he shall pay
to the owner of the right terminated an amount
equal to the value of that portion of such right
which remained unexpired on the date of such
termination.
(d) Transfer of right to member of immediate
family; owner option to terminate; payment
by Secretary; ‘‘member of the immediate family’’ defined
(1) Any owner or occupier of improved property who retains a right of use and occupancy
under subsection (b) of this section may convey
or lease such right during its existence to a
member of such owner or occupier’s immediate
family for noncommercial residential purposes
which are not incompatible with the purposes of
this subchapter and which do not impair the
usefulness and attractiveness of the area designated for inclusion.
(2) Any owner or occupier of improved property who has retained a right of use and occupancy under subsection (b) of this section may
terminate such right at any time, and the Secretary shall pay, within 120 days after the date
of such termination, to the owner of the right
terminated an amount equal to the value of that
portion of such right which remained unexpired
on the date of such termination.
(3) As used in this subchapter, the term ‘‘member of the immediate family’’ means spouse,
brother, sister, or child, including persons bearing such relationships through adoption, and
step-child.
(Pub. L. 91–479, § 10, Oct. 21, 1970, 84 Stat. 1079;
Pub. L. 97–361, § 1, Oct. 22, 1982, 96 Stat. 1720.)
AMENDMENTS
1982—Subsec. (b). Pub. L. 97–361 substituted provisions granting owners and occupiers of improved lakeshore property described in section 460x–10 of this title
the right of retention of a compatible residential use
for a limited term upon notification of the Secretary
and payment for the right retained for former provisions which were redesignated as subsec. (c) and amended.
Subsec. (c). Pub. L. 97–361 redesignated subsec. (b) as
(c), and amended it to apply expressly to any instrument evidencing any right of use and occupancy retained by any occupier under this section.
Subsec. (d). Pub. L. 97–361 added subsec. (d).

§ 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
1 So

in original. Probably should be ‘‘may’’.

§ 460x–10

was completed, and with respect to the portion
of such period after any acquisition of such
property by the United States, by the owner,
or a member of the immediate family of the
owner, of such dwelling on the date of such acquisition,
together with so much of the land on which the
dwelling is situated, such land being in the same
ownership as the dwelling, as the Secretary
shall designate to be reasonably necessary for
the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together
with any structures accessory to the dwelling
which are situated on the lands so designated.
The amount of land so designated shall in every
case be at least three acres in area, or all of
such lesser acreage as may be held in the same
ownership as the dwelling, and in making such
designation the Secretary shall take into account the manner of noncommercial residential
use in which the dwelling and land have customarily been enjoyed.
(b) Authorization to exclude beach lands
The Secretary may exclude from the land designated under subsection (a) of this section any
beach or waters on Lake Michigan, together
with so much of the land adjoining any such
beach or waters as the Secretary may deem necessary for public access thereto. If the Secretary
makes such exclusion, an appropriate buffer
zone shall be provided between any residence
and the public access or beach.
(c) Authorization to exclude recently improved
property; termination, compensation, and notice
(1) The Secretary may exclude from the category of ‘‘improved property’’ under this subchapter any property described in subsection
(a)(2) of this section which the Secretary determines is in an area required for public use or development in the immediate future. In making
any such determination the Secretary shall take
into account the proximity of such property to
any other improved property, the development
or public use of the lakeshore and the related
timetable therefor, and the anticipated availability in the immediate future of funds related
to such development or public use.
(2)(A) With respect to any improved property,
as defined in subsection (a)(2) of this section,
with respect to which the occupier has retained
a right of use and occupancy under section
460x–9(b) of this title, the Secretary may terminate such right 90 days after notifying in writing the occupier, if the Secretary determines
that such improved property is needed for public
use or development under this subchapter. In
making any such determination the Secretary
shall take into account the proximity of such
property to any other improved property, the
development or public use requirements of the
lakeshore and related timetable therefor, and
the current availability of funds for the proposed public use or development.
(B) The Secretary shall pay to the owner of
the right terminated an amount equal to the
value of that portion of such right which remained unexpired on the date of such termination.

§ 460x–11

TITLE 16—CONSERVATION

(3)(A) The Secretary must, within 60 days after
October 22, 1982, notify in writing any owner or
occupier of property described in subsection
(a)(2) of this section that an option to retain
rights with respect to such property exists under
section 460x–9(b) of this title, whether such property shall be subject to any action by the Secretary under paragraph (1) of this subsection,
the nature of such proposed action, the reasons
for such proposed action, and the contemplated
timetable therefor.
(B) With respect to any proposed action to be
taken under paragraph (2) of this subsection, if
the Secretary determines within 60 days after
October 22, 1982, after taking into account timetable and funding projections, that, consistent
with the General Management Plan dated October 1979, public use or development is anticipated before 1998 for an area containing any improved property described in subsection (a)(2) of
this section, the Secretary shall include notice
of such determination in any notification under
subparagraph (A) of this paragraph. Any failure
of the Secretary to so notify an occupier pursuant to this subparagraph shall not preclude the
Secretary from taking action under paragraph
(2) at some future date.
(Pub. L. 91–479, § 11, Oct. 21, 1970, 84 Stat. 1080;
Pub. L. 97–361, § 2, Oct. 22, 1982, 96 Stat. 1721.)
AMENDMENTS
1982—Pub. L. 97–361 designated existing provisions up
to the proviso as subsec. (a), added cl. (2), designated
existing proviso as subsec. (b), and added subsec. (c).

§ 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 section 460x–1(a) of this title. Such
scenic roads shall include necessary connections, bridges, and other structural utilities.
Notwithstanding any other provision of this subchapter, the Secretary may procure for this purpose land, or interest therein, by donation, purchase with appropriated or donated funds, or
otherwise: Provided, That land and interest so
procured shall not exceed one hundred and fifty
acres per mile of scenic road, except that tracts
may be procured in their entirety in order to
avoid severances. Property so acquired in excess
of the acreage limitation provided in this section may be exchanged by the Secretary for any
land of approximately equal value authorized for
acquisition by this subchapter.
(b) Exchange or sale of lands in Leelanau County
Except as provided in subsection (c) of this
section, any lands in Leelanau County acquired
by the Secretary under this section before October 22, 1982, which are within the parkway zone
depicted on the map specified in section
460x–1(a) of this title but which are not within,

Page 636

or contiguous to, the lakeshore zone as depicted
on such map may be exchanged by the Secretary
for other lands of approximately equal value in
the lakeshore. If the Secretary is unable to effect such an exchange, such lands may be offered
for sale to the person who owned such lands immediately before their acquisition by the Secretary. If such previous owner declines such
offer, the Secretary may sell such lands to any
buyer. Proceeds from any sale under this subsection shall be credited to the account established under section 17 of this Act.
(c) Administration of certain lands as Resource
Preservation Areas
The Secretary is authorized to obtain and administer, according to the provisions of this section, as a part of the lakeshore as Resource
Preservation Areas certain interests in the following lands:
(1) Approximately 600 acres designated as
‘‘Miller Hill’’ on the map numbered 634–91,001,
dated September 1982.
(2) Approximately 975 acres as designated as
‘‘Bow Lakes’’ on the map numbered 634–91–002,
dated September 1982.
(d) Preservation of scenic values in certain
lands; use of lands for educational purposes
(1) The Secretary may obtain fee title under
subsection (e) of this section to lands described
in subsection (c)(1) of this section or easements
or other restrictive agreements for the preservation of scenic values in such lands.
(2) The Secretary may obtain fee title under
subsection (e) of this section to lands described
in subsection (c)(2) of this section, or public access easements or other restrictive agreements
consistent with use of such lands for educational
purposes and for research and interpretation of
natural features.
(e) Manner of acquiring fee title or lesser interest in land
(1) Except as provided under paragraph (4), the
Secretary may obtain fee title or other lesser interests to lands described in subsection (c) of
this section only—
(A) by gift, donation, or bequest;
(B) by purchase from a willing seller under
paragraph (2); or
(C) as an exercise of a right of first refusal
under paragraph (3).
(2) The Secretary may negotiate with willing
sellers for the transfer of fee title to other lesser
interests to lands described in subsection (c) of
this section. If the Secretary and such willing
seller are unable to agree to a fair purchase
price, that question may, by mutual consent be
submitted to the appropriate United States District Court for adjudication.
(3) If the owner of any lands described in subsection (c) of this section intends to transfer
any interest in such lands except by gift, donation, or bequest, such owner must notify the
Secretary of such intention. The Secretary shall
have 90 days after notification in which to exercise a right of first refusal to match any bona
fide offer to obtain such interest under the same
terms and conditions as are contained in such
offer. If the Secretary has not exercised such
right within 90 days, the owner may transfer
such interest.

Page 637

§ 460x–14

TITLE 16—CONSERVATION

(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.
(Pub. L. 91–479, § 12, Oct. 21, 1970, 84 Stat. 1080;
Pub. L. 97–361, § 3, Oct. 22, 1982, 96 Stat. 1722; Pub.
L. 103–437, § 6(d)(17), Nov. 2, 1994, 108 Stat. 4584.)
REFERENCES IN TEXT
Section 17 of this Act, referred to in subsec. (b), probably means proposed section 17 of Pub. L. 91–479, which

was contained in H.R. 3787, 97th Congress, 2d Session, as
reported in House Report No. 97–882, page 4, but was
omitted in the final version enacted by Congress as
Pub. L. 97–361.
AMENDMENTS
1994—Subsec. (e)(4)(B). Pub. L. 103–437 substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
after ‘‘Committee on’’.
1982—Pub. L. 97–361 designated existing provisions as
subsec. (a), inserted ‘‘Benzie County and within’’ after
‘‘generally lying within’’, and added subsecs. (b) to (h).

§ 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.
(Pub. L. 91–479, § 13, Oct. 21, 1970, 84 Stat. 1080.)
§ 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.
(Pub. L. 91–479, § 14, Oct. 21, 1970, 84 Stat. 1080.)
§ 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.
(Pub. L. 91–479, § 15, Oct. 21, 1970, 84 Stat. 1081;
Pub. L. 93–477, title I, § 101(13), Oct. 26, 1974, 88
Stat. 1446; Pub. L. 97–361, § 4, Oct. 22, 1982, 96
Stat. 1724; Pub. L. 98–141, § 5, Oct. 31, 1983, 97
Stat. 909; Pub. L. 98–505, Oct. 19, 1984, 98 Stat.
2337.)
AMENDMENTS
1984—Pub.
‘‘$82,149,558’’.
1983—Pub.
‘‘$66,153,000’’.
1982—Pub.
‘‘$57,753,000’’.
1974—Pub.
‘‘$19,800,000’’.

L.

98–505

substituted

‘‘$84,149,558’’

for

L.

98–141

substituted

‘‘$82,149,558’’

for

L.

97–361

substituted

‘‘$66,153,000’’

for

L.

93–477

substituted

‘‘$57,753,000’’

for

§ 460x–15

TITLE 16—CONSERVATION
RETROACTIVE STATUTORY CEILINGS

Section 7 of Pub. L. 97–361 provided that: ‘‘For purposes of section 7(a)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9(a)(3)), the statutory ceilings on appropriations established by the
amendments made by this Act [enacting section 460x–15
and amending sections 460x–9, 460x–11 and 460x–14 of
this title] shall be deemed to be statutory ceilings contained in a provision of law enacted prior to the convening of the Ninety-fifth Congress.’’

§ 460x–15. Lakeshore wilderness report; administration
In accordance with section 1132(c) of this title,
the President shall, no later than June 1, 1983,
advise the United States Senate and House of
Representatives of his recommendations with
respect to the suitability or nonsuitability as
wilderness of any area within the lakeshore.
Subject to existing private rights, the areas described in the report prepared by the National
Park Service entitled ‘‘Wilderness Recommendation; Sleeping Bear Dunes National Lakeshore’’ dated January, 1981, and recommended
for wilderness (approximately 7,128 acres) and
for potential wilderness additions (approximately 23,775 acres) shall, until Congress determines otherwise, be administered by the Secretary so as to maintain their presently existing
wilderness character and potential for inclusion
in the National Wilderness Preservation System.
(Pub. L. 91–479, § 16, as added Pub. L. 97–361, § 5,
Oct. 22, 1982, 96 Stat. 1724.)
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 sections
460y–2 and 460y–3 of this title, to establish, within the boundaries described in section 460y–8 of
this title, the King Range National Conservation
Area in the State of California (hereinafter referred to as the ‘‘Area’’), and to consolidate and
manage the public lands in the area with the
purpose of conserving and developing, for the
use and benefit of the people of the United
States, the lands and other resources therein
under a program of multiple usage and of sustained yield.
(Pub. L. 91–476, § 1, Oct. 21, 1970, 84 Stat. 1067.)
§ 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—

Page 638

(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.
(Pub. L. 91–476, § 2, Oct. 21, 1970, 84 Stat. 1067.)
§ 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
1 So

in original. Probably should be ‘‘picnicking,’’.

Page 639

TITLE 16—CONSERVATION

governments, and others; (4) a statement of expected costs and an economic analysis of the
program with particular reference to costs to
the United States and expected economic effects
on local communities and governments; and (5)
an evaluation by the Secretary of the program
in terms of the public interest.
(Pub. L. 91–476, § 3, Oct. 21, 1970, 84 Stat. 1068.)
§ 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 460y–2 of this
title to the President of the Senate and the
Speaker of the House of Representatives, the
Governor of the State of California, and the governing body of the county or counties in which
the area is located and (2) published a notice of
intention to establish the area in the Federal
Register and in at least two newspapers which
circulate generally within the Area.
(Pub. L. 91–476, § 4, Oct. 21, 1970, 84 Stat. 1068.)
§ 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 section 460y–8 of this title, which
the Secretary, in his judgment, determines to
be desirable for consolidation of public lands
within the Area in order to facilitate efficient
and beneficial management of the public lands
or otherwise to accomplish the purposes of
this subchapter: Provided, That the Secretary
may not acquire, without the consent of the
owner, any such lands or interests therein
which are utilized on October 21, 1970, for residential, agricultural, or commercial purposes
so long as he finds such property is devoted to
uses compatible with the purposes of this subchapter. Any lands or interests in lands acquired by the United States under the authority of this section shall, upon acceptance of
title, become public lands, and shall become a
part of the area subject to all the laws and
regulations applicable thereto.
(3) Procedure for acquisition of land or interests in land by exchange
In the exercise of his authority to acquire
land or interests in land by exchange under
this subchapter, to accept title to any nonFederal land located within the Area and to
convey to the grantor of such land not to exceed an equal value of surveyed, unappropri-

§ 460y–4

ated, 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 nonFederal 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 nonFederal 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

§ 460y–5

TITLE 16—CONSERVATION

such purchased lands their fair market value,
as determined by the Secretary, who may, in
his discretion, base his determination on an
independent appraisal obtained by him.
(5) Identification of appropriate public uses of
public lands and interests therein within
Area; disposition of public lands within
Area
To identify the appropriate public uses of all
of the public lands and interests therein within the Area. Disposition of the public lands
within the Area, or any of the lands subsequently acquired as part of the Area, is prohibited, and the lands in the Area described in
section 460y–8 of this title are hereby withdrawn from all forms of entry, selection, or location under existing or subsequent law, except as provided in section 460y–5 of this title.
Notwithstanding any provision of this section,
the Secretary may (A) exchange public lands
or interests therein within the area for privately owned lands or interests therein also
located within the Area, and (B) issue leases,
licenses, contracts, or permits as provided by
other laws.
(6) Construction, operation, and maintenance
of roads, trails, and other access and recreational facilities within Area
To construct or cause to be constructed and
to operate and maintain such roads, trails, and
other access and recreational facilities in the
area as the Secretary deems necessary and desirable for the proper protection, utilization,
and development of the area.
(7) Reforestation and revegetation of lands
within Area; installation of soil- and waterconserving 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,

Page 640

fish and wildlife management, or public use
and enjoyment. Except in emergencies, any
regulations of the Secretary pursuant to this
section shall be put into effect only after consultation with the appropriate State fish and
game department.
(9) Issuance of regulations
To issue such regulations and to do such
other things as the Secretary deems necessary
and desirable to carry out the terms of this
subchapter.
(Pub. L. 91–476, § 5, Oct. 21, 1970, 84 Stat. 1068;
Pub. L. 95–352, § 2(1), Aug. 20, 1978, 92 Stat. 516.)
AMENDMENTS
1978—Par. (3)(B). Pub. L. 95–352 inserted provisions relating to deposit of receipts into Treasury.

§ 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.
(Pub. L. 91–476, § 6, Oct. 21, 1970, 84 Stat. 1070.)
§ 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.
(Pub. L. 91–476, § 7, Oct. 21, 1970, 84 Stat. 1070.)
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

Page 641

§ 460y–9

TITLE 16—CONSERVATION

certain public lands for classification, having
been accomplished by the enactment of this subchapter, that Executive order is hereby revoked
effective as of the date the Secretary establishes
the area.
(Pub. L. 91–476, § 8, Oct. 21, 1970, 84 Stat. 1070.)
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 section 460y of this title is described as follows:
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 section 460y of
this title.
(d) Further additions
In addition to the land described in subsections (a) and (c), the land identified as the
King Range National Conservation Area Additions on the map entitled ‘‘King Range Wilderness’’ and dated November 12, 2004, is included in
the Area.
(Pub. L. 91–476, § 9, Oct. 21, 1970, 84 Stat. 1070;
Pub. L. 94–579, title VI, § 602, Oct. 21, 1976, 90
Stat. 2784; Pub. L. 109–362, § 8, Oct. 17, 2006, 120
Stat. 2071.)
AMENDMENTS
2006—Subsec. (d). Pub. L. 109–362 added subsec. (d).
1976—Subsec. (c). Pub. L. 94–579 added subsec. (c).
SAVINGS PROVISION
Amendment by Pub. L. 94–579 not to be construed as
terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see note set out under section 1701
of Title 43, Public Lands.

§ 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 [16 U.S.C. 460l–4
et seq.]) not to exceed $5,000,000, and
(2) from any other sources an amount not to
exceed the sum of (A) $5,000,000, and (B) an
amount equal to the amount deposited in the
Treasury under section 460y–4(3)(B) of this
title after August 20, 1978,
such sums to remain available until expended.
(Pub. L. 91–476, § 10, Oct. 21, 1970, 84 Stat. 1071;
Pub. L. 95–352, § 2(2), (3), Aug. 20, 1978, 92 Stat.
516.)

§ 460z

TITLE 16—CONSERVATION
REFERENCES IN TEXT

The Land and Water Conservation Fund Act of 1965,
referred to in subsec. (b)(1), is Pub. L. 88–578, Sept. 3,
1964, 78 Stat. 897, as amended, which is classified generally to part B (§ 460l–4 et seq.) of subchapter LXIX of
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section
460l–4 of this title and Tables.
AMENDMENTS
1978—Pub. L. 95–352 designated existing provisions as
subsec. (a) and added subsec. (b).

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’’).
(Pub. L. 92–260, § 1, Mar. 23, 1972, 86 Stat. 99.)
§ 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 section 460z of this title.
(Pub. L. 92–260, § 2, Mar. 23, 1972, 86 Stat. 99.)
§ 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 460z–3 of this title is hereby established
as an inland buffer sector in order to promote
such management and use of the lands, waters,
and other properties within such sector as will
best protect the values which contribute to the
purposes set forth in section 460z of this title.
(Pub. L. 92–260, § 3, Mar. 23, 1972, 86 Stat. 99.)
§ 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.

Page 642

(Pub. L. 92–260, § 4, Mar. 23, 1972, 86 Stat. 99.)
SIUSLAW NATIONAL FOREST
The boundaries of the Siuslaw National Forest were
extended by section 6 of Pub. L. 92–260 to include all
lands described in accordance with this section. See
note set out under sections 486a to 486w of this title.

§ 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.
(Pub. L. 92–260, § 5, Mar. 23, 1972, 86 Stat. 99.)
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 460z–5. Land acquisition in inland sector
Within the inland sector established by section 460z–2 of this title the Secretary may acquire the following classes of property only with
the consent of the owner:
(a) improved property as hereinafter defined;
(b) property used for commercial or industrial purposes if such commercial or industrial
purposes are the same such purposes for which
the property was being used on December 31,
1970, or such commercial or industrial purposes have been certified by the Secretary or
his designee as compatible with or furthering
the purposes of this subchapter;
(c) timberlands under sustained yield management so long as the Secretary determines
that such management is being conducted in
accordance with standards for timber production, including but not limited to harvesting
reforestation, and debris cleanup, not less
stringent than management standards imposed by the Secretary on comparable national forest lands: Provided, That the Secretary may acquire such lands or interests
therein without the consent of the owner if he
determines that such lands or interests are essential for recreation use or for access to or
protection of recreation developments within
the purposes of this subchapter. In any acquisition of such lands or interests the Secretary
shall, to the extent practicable, minimize the
impact of such acquisition on access to or the
reasonable economic use for sustained yield
forestry of adjoining lands not acquired; and
(d) property used on December 31, 1970, primarily for private, noncommercial recreational purposes if any improvements made
to such property after said date are certified
by the Secretary of Agriculture or his des-

Page 643

§ 460z–9

TITLE 16—CONSERVATION

ignee as compatible with the purposes of this
subchapter.
(Pub. L. 92–260, § 7, Mar. 23, 1972, 86 Stat. 100.)
§ 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 rightof-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 onefamily dwelling the construction of which was
begun before December 31, 1970, together with
any structures accessory to it and the land on
which the dwelling is situated, the said land
being in the same ownership as the dwelling, as
the Secretary finds necessary for the enjoyment
of the dwelling for the sole purpose of noncommercial residential use.
(Pub. L. 92–260, § 8, Mar. 23, 1972, 86 Stat. 100.)

§ 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.
(Pub. L. 92–260, § 9, Mar. 23, 1972, 86 Stat. 101.)
§ 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.
(Pub. L. 92–260, § 10, Mar. 23, 1972, 86 Stat. 101.)
§ 460z–9. Water utilization;
wastes; easements

transportation

of

(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 desir-

§ 460z–10

TITLE 16—CONSERVATION

able for the effective use of the rights to water
and the disposal of waste provided for herein and
for other utility and private purposes if permission therefor has been obtained from the State
of Oregon, subject to such reasonable terms and
conditions as he deems necessary for the protection of the scenic, scientific, historic, and recreational features of the recreation area.
(Pub. L. 92–260, § 11, Mar. 23, 1972, 86 Stat. 101.)
§ 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.
(Pub. L. 92–260, § 12, Mar. 23, 1972, 86 Stat. 102.)
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 Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 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

Page 644

boundaries of the recreation area and shall report to the President, in accordance with section 1132(b) and (d) of this title, his recommendation as to the suitability or nonsuitability of any area within the recreation area
for preservation as a wilderness, and any designation of any such area as a wilderness shall
be accomplished in accordance with section
1132(b) and (d) of this title.
(Pub. L. 92–260, § 13, Mar. 23, 1972, 86 Stat. 102.)
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 nonFederal property, including mineral or other interests, in or on lands or waters within the
recreation area.
(Pub. L. 92–260, § 14, Mar. 23, 1972, 86 Stat. 102.)
§ 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.
(Pub. L. 92–260, § 15, Mar. 23, 1972, 86 Stat. 102;
Pub. L. 94–578, title III, § 316, Oct. 21, 1976, 90
Stat. 2737.)
AMENDMENTS
1976—Pub. L. 94–578 substituted ‘‘There are hereby authorized to be appropriated for the acquisition of lands,
waters, and interests therein such sums as are necessary, not to exceed $5,750,000’’ for ‘‘Money appropriated from the Land and Water Conservation Fund
shall be available for the acquisition of lands, waters,
and interests therein within the recreation area, but
not more than $2,500,000 is authorized to be appropriated for such purposes’’.

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’’), in-

Page 645

TITLE 16—CONSERVATION

cluding the Sawtooth Wilderness Area (hereafter
referred to as the ‘‘wilderness area’’), shall comprise the lands generally depicted on the map
entitled ‘‘Sawtooth National Recreation Area’’
dated June 1972, which shall be on file and available for public inspection in the office of the
Chief, Forest Service, Department of Agriculture. The Secretary of Agriculture (hereafter
referred to as the ‘‘Secretary’’) shall, as soon as
practicable after August 22, 1972, publish a detailed description and map showing the boundaries of the recreation area in the Federal Register.
(Pub. L. 92–400, § 1, Aug. 22, 1972, 86 Stat. 612.)
§ 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 [16 U.S.C.
1131 et seq.], whichever is more restrictive, except that any reference in such provisions to the
effective date of the Wilderness Act shall be
deemed to be a reference to the effective date of
this subchapter.
(Pub. L. 92–400, § 2, Aug. 22, 1972, 86 Stat. 612.)
REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (b), is Pub.
L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which
is classified generally to chapter 23 (§ 1131 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1131 of
this title and Tables.
The effective date of the Wilderness Act, referred to
in subsec. (b), means Sept. 3, 1964, the date of enactment of Pub. L. 88–577, which enacted chapter 23 of this
title.
The effective date of this subchapter, referred to in
subsec. (b), means Aug. 22, 1972, the date of enactment
of Pub. L. 92–400, which enacted this subchapter.

§ 460aa–2. Acquisition of land
(a) Authority of Secretary; manner; limitation;
‘‘scenic easement’’ defined
Except as provided in section 460aa–3 of this
title, the Secretary is authorized to acquire by
donation, purchase with donated or appropriated
funds, exchange, bequest, or otherwise any
lands, or lesser interests therein, including min-

§ 460aa–2

eral interests and scenic easements, which he
determines are needed for the purposes of this
subchapter: Provided, That acquisitions of lands
or interests therein for access to and utilization
of public property, and for recreation and other
facilities, shall not exceed five per centum of
the total acreage of all private property within
the recreation area as of August 22, 1972.
As used in this subchapter the term ‘‘scenic
easement’’ means the right to control the use of
land in order to protect the esthetic values for
the purposes of this subchapter, but shall not
preclude the continuation of any use exercised
by the owner as of August 22, 1972.
(b) Offers of land; hardship from acquisition
delays
In exercising this authority to acquire lands,
the Secretary shall give prompt and careful consideration to any offer made by an individual
owning any land, or interest in land, within the
boundaries described in section 460aa(b) of this
title. In considering such offer, the Secretary
shall take into consideration any hardship to
the owner which might result from any undue
delay in acquiring his property.
(c) Condemnation proceedings
The Secretary may utilize condemnation proceedings without the consent of the owner to acquire private lands or interests therein pursuant
to this section only in cases where, in his judgment, all reasonable efforts to acquire such
lands or interests therein by negotiation have
failed, and in such cases he shall acquire only
such title as, in his judgment, is reasonably necessary to accomplish the objectives of this subchapter.
(d) Exchange of property; cash equalization payments
In exercising his authority to acquire property
by exchange, the Secretary may accept title to
any non-Federal property, or interests therein,
located within the recreation area and, notwithstanding any other provision of law, he may convey in exchange therefor any federally owned
property within the State of Idaho which he
classifies as suitable for exchange and which is
under his administrative jurisdiction. The values of the properties so exchanged shall be approximately equal or, if they are not approximately equal, they shall be equalized by the
payment of cash to the grantor or to the Secretary as the circumstances require. In the exercise of his exchange authority, the Secretary
may utilize authorities and procedures available
to him in connection with exchanges of national
forest lands.
(e) Mineral interests
Nothing in this subchapter shall be construed
as limiting the authority of the Secretary to acquire mineral interests in lands within the
recreation area, with or without the consent of
the owner. Upon acquisition of any such interest, the lands and/or minerals covered by such
interest are by this subchapter withdrawn from
entry or appropriation under the United States
mining laws and from disposition under all laws
pertaining to mineral leasing and all amendments thereto.

§ 460aa–3

TITLE 16—CONSERVATION

(f) State lands
Any land or interest in land owned by the
State of Idaho or any of its political subdivisions may be acquired only by donation or exchange.
(g) Transfer from Federal agency to administrative jurisdiction of Secretary
Notwithstanding any other provision of law,
any Federal property located within the recreation area may, with the concurrence of the
agency having custody thereof, be transferred
without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the purposes of this subchapter. Lands
acquired by the Secretary or transferred to his
administrative jurisdiction within the recreation area shall become parts of the recreation
area and of the national forest within or adjacent to which they are located.
(h) Condemnation authority
Except as otherwise provided, the Secretary
shall have the authority to use condemnation as
a means of acquiring a clear and marketable
title, free of any and all encumbrances.
(Pub. L. 92–400, § 3, Aug. 22, 1972, 86 Stat. 612.)
§ 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 chapter 5, and chapter 7, of title
5. The United States District Court for the District of Idaho shall have jurisdiction to review
any regulations established pursuant to the first
sentence of this subsection, upon a complaint
filed within six months after the effective date
of such regulations, by any affected landowner
in an action for a declaratory judgment.
(b) Condemnation restriction; acquisitions limitation
After publication of such regulations, no privately owned lands shall be acquired by the Secretary by condemnation unless he determines,
in his judgment, that such lands are being used,
or are in imminent danger of being used, in a
manner incompatible with the regulations established pursuant to this section or unless such
lands are determined to be necessary for access

Page 646

or development, in which case such acquisitions
shall be subject to the 5 per centum limitation
established in section 460aa–2(a) of this title.
(Pub. L. 92–400, § 4, Aug. 22, 1972, 86 Stat. 613.)
CODIFICATION
In subsec. (a), ‘‘subchapter II of chapter 5, and chapter 7, of title 5’’ was substituted for ‘‘the Administrative Procedure Act’’ on authority of Pub. L. 89–554,
§ 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of
which enacted Title 5, Government Organization and
Employees.

§ 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 section 1132(d) of this title, relating to
public notice, public hearings, and review by
State and other agencies, and shall advise the
Senate and House of Representatives of his recommendations with respect to the designation
as wilderness of the area or areas reviewed.
(Pub. L. 92–400, § 5, Aug. 22, 1972, 86 Stat. 614.)
§ 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.
(Pub. L. 92–400, § 6, Aug. 22, 1972, 86 Stat. 614.)
§ 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.
(Pub. L. 92–400, § 7, Aug. 22, 1972, 86 Stat. 614.)
§ 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.

Page 647

§ 460aa–13

TITLE 16—CONSERVATION

(Pub. L. 92–400, § 8, Aug. 22, 1972, 86 Stat. 614.)
§ 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.
(Pub. L. 92–400, § 9, Aug. 22, 1972, 86 Stat. 614.)
REFERENCES IN TEXT
Time of enactment of this subchapter, referred to in
text, means Aug. 22, 1972, the date of enactment of Pub.
L. 92–400, which enacted this subchapter.

§ 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.
(Pub. L. 92–400, § 10, Aug. 22, 1972, 86 Stat. 614.)
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.
(Pub. L. 92–400, § 11, Aug. 22, 1972, 86 Stat. 614.)
§ 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.
(Pub. L. 92–400, § 12, Aug. 22, 1972, 86 Stat. 615.)
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.
(Pub. L. 92–400, § 13, Aug. 22, 1972, 86 Stat. 615;
Pub. L. 95–625, title II, § 202, Nov. 10, 1978, 92
Stat. 3473.)
AMENDMENTS
1978—Pub. L. 95–625 increased land acquisition appropriations authorization to $47,802,000 from $19,802,000.

§ 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 ac-

§ 460aa–14

TITLE 16—CONSERVATION

Page 648

companied 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.

of law, the National Park Service hereafter may authorize, through cooperative agreement, the Golden
Gate National Parks Association to provide fee-based
education, interpretive and visitor service functions
within the Crissy Field and Fort Point areas of the Presidio.’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 108–7, div. F, title I, § 120, Feb. 20, 2003, 117
Stat. 240.
Pub. L. 107–63, title I, § 123, Nov. 5, 2001, 115 Stat. 440.
Pub. L. 106–291, title I, § 140, Oct. 11, 2000, 114 Stat. 949.

(Pub. L. 92–400, § 14, Aug. 22, 1972, 86 Stat. 615.)

Pub. L. 106–291, title III, § 315, Oct. 11, 2000, 114 Stat.
989, provided that: ‘‘All interests created under leases,
concessions, permits and other agreements associated
with the properties administered by the Presidio Trust,
hereafter shall be exempt from all taxes and special assessments of every kind by the State of California and
its political subdivisions.’’
Similar provisions were contained in Pub. L. 106–113,
div. B, § 1000(a)(3) [title III, § 316], Nov. 29, 1999, 113 Stat.
1535, 1501A–192.

§ 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.
(Pub. L. 92–400, § 15, Aug. 22, 1972, 86 Stat. 615.)
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.
(Pub. L. 92–589, § 1, Oct. 27, 1972, 86 Stat. 1299.)
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109–131, title II, § 201, Dec. 20, 2005, 119 Stat.
2568, provided that: ‘‘This title [amending section
460bb–1 of this title] may be cited as the ‘Rancho Corral
de Tierra Golden Gate National Recreation Area
Boundary Adjustment Act’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–350, § 1, Oct. 24, 2000, 114 Stat. 1361, provided that: ‘‘This Act [amending section 460bb–1 of this
title] may be cited as the ‘Golden Gate National Recreation Area Boundary Adjustment Act of 2000’.’’
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102–299, § 1, June 9, 1992, 106 Stat. 236, provided
that: ‘‘This Act [amending section 460bb–1 of this title
and enacting provisions set out as a note under section
460bb–1 of this title] may be cited as the ‘Golden Gate
National Recreation Area Addition Act of 1992’.’’
VISITOR SERVICES IN CRISSY FIELD AND FORT POINT
AREAS
Pub. L. 108–108, title I, § 118, Nov. 10, 2003, 117 Stat.
1268, provided that: ‘‘Notwithstanding other provisions

EXEMPTION OF PRESIDIO TRUST FROM CALIFORNIA
TAXES

THE PRESIDIO OF SAN FRANCISCO
Pub. L. 104–333, div. I, title I, Nov. 12, 1996, 110 Stat.
4097, as amended by Pub. L. 105–83, title III, § 351, Nov.
14, 1997, 111 Stat. 1607; Pub. L. 106–113, div. B, § 1000(a)(3)
[title III, § 334], Nov. 29, 1999, 113 Stat. 1535, 1501A–198;
Pub. L. 106–176, title I, § 101, Mar. 10, 2000, 114 Stat. 23;
Pub. L. 107–107, div. B, title XXVIII, § 2861, Dec. 28, 2001,
115 Stat. 1328, provided that:
‘‘SEC. 101. FINDINGS.
‘‘The Congress finds that—
‘‘(1) the Presidio, located amidst the incomparable
scenic splendor of the Golden Gate, is one of America’s great natural and historic sites;
‘‘(2) the Presidio was the oldest continuously operated military post in the Nation dating from 1776, and
was designated a National Historic Landmark in 1962;
‘‘(3) preservation of the cultural and historic integrity of the Presidio for public use recognizes its significant role in the history of the United States;
‘‘(4) the Presidio, in its entirety, is a part of the
Golden Gate National Recreation Area, in accordance
with Public Law 92–589 [16 U.S.C. 460bb et seq.];
‘‘(5) as part of the Golden Gate National Recreation
Area, the Presidio’s significant natural, historic, scenic, cultural, and recreational resources must be
managed in a manner which is consistent with sound
principles of land use planning and management, and
which protects the Presidio from development and
uses which would destroy the scenic beauty and historic and natural character of the area and cultural
and recreational resources;
‘‘(6) removal and/or replacement of some structures
within the Presidio must be considered as a management option in the administration of the Presidio;
and
‘‘(7) the Presidio will be managed through an innovative public/private partnership that minimizes cost
to the United States Treasury and makes efficient
use of private sector resources.
‘‘SEC. 102. AUTHORITY AND RESPONSIBILITY OF
THE SECRETARY OF THE INTERIOR.
‘‘(a) INTERIM AUTHORITY.—The Secretary of the Interior (hereinafter in this title referred to as the ‘Secretary’) is authorized to manage leases in existence on
the date of this Act [Nov. 12, 1996] for properties under
the administrative jurisdiction of the Secretary and located at the Presidio. Upon the expiration of any such
lease, the Secretary may extend such lease for a period
terminating not later than 6 months after the first
meeting of the Presidio Trust. The Secretary may not
enter into any new leases for property at the Presidio
to be transferred to the Presidio Trust under this title,

Page 649

TITLE 16—CONSERVATION

however, the Secretary is authorized to enter into
agreements for use and occupancy of the Presidio properties which are assignable to the Trust and are terminable with 30 days notice. Prior to the transfer of administrative jurisdiction over any property to the Presidio Trust, and notwithstanding section 1341 of title 31
of the United States Code, the proceeds from any such
lease shall be retained by the Secretary and such proceeds shall be available, without further appropriation,
for the preservation, restoration, operation and maintenance, improvement, repair and related expenses incurred with respect to Presidio properties. The Secretary may adjust the rental charge on any such lease
for any amounts to be expended by the lessee for preservation, maintenance, restoration, improvement, repair and related expenses with respect to properties and
infrastructure within the Presidio.
‘‘(b) PUBLIC INFORMATION AND INTERPRETATION.—The
Secretary shall be responsible, in cooperation with the
Presidio Trust, for providing public interpretive services, visitor orientation and educational programs on
all lands within the Presidio.
‘‘(c) OTHER.—Those lands and facilities within the
Presidio that are not transferred to the administrative
jurisdiction of the Presidio Trust shall continue to be
managed by the Secretary. The Secretary and the Presidio Trust shall cooperate to ensure adequate public
access to all portions of the Presidio. Any infrastructure and building improvement projects that were funded prior to the enactment of this Act [Nov. 12, 1996]
shall be completed by the National Park Service.
‘‘(d) PARK SERVICE EMPLOYEES.—(1) Any career employee of the National Park Service, employed at the
Presidio at the time of the transfer of lands and facilities to the Presidio Trust, shall not be separated from
the Service by reason of such transfer, unless such employee is employed by the Trust, other than on detail.
Notwithstanding section 3503 of title 5, United States
Code, the Trust shall have sole discretion over whether
to hire any such employee or request a detail of such
employee.
‘‘(2) Any career employee of the National Park Service employed at the Presidio on the date of enactment
of this title [Nov. 12, 1996] shall be given priority placement for any available position within the National
Park System notwithstanding any priority reemployment lists, directives, rules, regulations or other orders
from the Department of the Interior, the Office of Management and Budget, or other Federal agencies.
‘‘SEC. 103. ESTABLISHMENT OF THE PRESIDIO
TRUST.
‘‘(a) ESTABLISHMENT.—There is established a wholly
owned government corporation to be known as the Presidio Trust (hereinafter in this title referred to as the
‘Trust’).
‘‘(b) TRANSFER.—(1) Within 60 days after receipt of a
request from the Trust for the transfer of any parcel
within the area depicted as Area B on the map entitled
‘Presidio Trust Number 1’, dated December 7, 1995, the
Secretary shall transfer such parcel to the administrative jurisdiction of the Trust. Within 1 year after the
first meeting of the Board of Directors of the Trust, the
Secretary shall transfer to the Trust administrative jurisdiction over all remaining parcels within Area B.
Such map shall be on file and available for public inspection in the offices of the Trust and in the offices of
the National Park Service, Department of the Interior.
The Trust and the Secretary may jointly make technical and clerical revisions in the boundary depicted on
such map. The Secretary shall retain jurisdiction over
those portions of the building identified as number 102
as the Secretary deems essential for use as a visitor
center. The Building shall be named the ‘William Penn
Mott Visitor Center’. Any parcel of land, the jurisdiction over which is transferred pursuant to this subsection, shall remain within the boundary of the Golden Gate National Recreation Area. With the consent of
the Secretary, the Trust may at any time transfer to
the administrative jurisdiction of the Secretary any

§ 460bb

other properties within the Presidio which are surplus
to the needs of the Trust and which serve essential purposes of the Golden Gate National Recreation Area.
The Trust is encouraged to transfer to the administrative jurisdiction of the Secretary open space areas
which have high public use potential and are contiguous to other lands administered by the Secretary.
‘‘(2) Within 60 days after the first meeting of the
Board of Directors of the Trust, the Trust and the Secretary shall determine cooperatively which records,
equipment, and other personal property are deemed to
be necessary for the immediate administration of the
properties to be transferred, and the Secretary shall
immediately transfer such personal property to the
Trust. Within 1 year after the first meeting of the
Board of Directors of the Trust, the Trust and the Secretary shall determine cooperatively what, if any, additional records, equipment, and other personal property
used by the Secretary in the administration of the
properties to be transferred should be transferred to
the Trust.
‘‘(3) The Secretary shall transfer, with the transfer of
administrative jurisdiction over any property, the unobligated balance of all funds appropriated to the Secretary, all leases, concessions, licenses, permits, and
other agreements affecting such property.
‘‘(4) At the request of the Trust, the Secretary shall
provide funds to the Trust for preparation of the program required under section 104(c) of this title, hiring
of initial staff and other activities deemed by the Trust
as essential to the establishment of the Trust prior to
the transfer of properties to the Trust.
‘‘(c) BOARD OF DIRECTORS.—
‘‘(1) IN GENERAL.—The powers and management of
the Trust shall be vested in a Board of Directors
(hereinafter referred to as the ‘Board’) consisting of
the following 7 members:
‘‘(A) The Secretary of the Interior or the Secretary’s designee.
‘‘(B) 6 individuals, who are not employees of the
Federal Government, appointed by the President,
who shall possess extensive knowledge and experience in one or more of the fields of city planning,
finance, real estate development, and resource conservation. At least one of these individuals shall be
a veteran of the Armed Services. At least 3 of these
individuals shall reside in the San Francisco Bay
Area. The President shall make the appointments
referred to in this subparagraph within 90 days
after the enactment of this Act [Nov. 12, 1996] and
shall ensure that the fields of city planning, finance, real estate development, and resource conservation are adequately represented. Upon establishment of the Trust, the Chairman of the Board of
Directors of the Trust shall meet with the Chairman of the Energy and Natural Resources Committee of the United States Senate and the Chairman
of the Resources Committee of the United States
House of Representatives.
‘‘(2) TERMS.—Members of the Board appointed under
paragraph (1)(B) shall each serve for a term of 4
years, except that of the members first appointed, 3
shall serve for a term of 2 years. Any vacancy in the
Board shall be filled in the same manner in which the
original appointment was made, and any member appointed to fill a vacancy shall serve for the remainder
of that term for which his or her predecessor was appointed. No appointed member may serve more than
8 years in consecutive terms, except that upon the expiration of his or her term, an appointed member
may continue to serve until his or her successor has
been appointed.
‘‘(3) QUORUM.—Four members of the Board shall
constitute a quorum for the conduct of business by
the Board.
‘‘(4) ORGANIZATION AND COMPENSATION.—The Board
shall organize itself in such a manner as it deems
most appropriate to effectively carry out the authorized activities of the Trust. Board members shall
serve without pay, but may be reimbursed for the ac-

§ 460bb

TITLE 16—CONSERVATION

tual and necessary travel and subsistence expenses
incurred by them in the performance of the duties of
the Trust.
‘‘(5) LIABILITY OF DIRECTORS.—Members of the
Board of Directors shall not be considered Federal
employees by virtue of their membership on the
Board, except for purposes of the Federal Tort Claims
Act [see Short Title note under section 2671 of Title
28, Judiciary and Judicial Procedure] and the Ethics
in Government Act [of 1978] [5 U.S.C. App.], and the
provisions of chapter 11 of title 18, United States
Code.
‘‘(6) MEETINGS.—The Board shall meet at least three
times per year in San Francisco and at least two of
those meetings shall be open to the public. Upon a
majority vote, the Board may close any other meetings to the public. The Board shall establish procedures for providing public information and opportunities for public comment regarding policy, planning,
and design issues. The Board may establish procedures for providing public information and opportunities for public comment regarding policy, planning,
and design issues through the Golden Gate National
Recreation Area Advisory Commission.
‘‘(7) STAFF.—Notwithstanding any other provisions
of law, the Trust is authorized to appoint and fix the
compensation and duties and terminate the services
of an executive director and such other officers and
employees as it deems necessary without regard to
the provisions of title 5, United States Code, or other
laws related to the appointment, compensation or
termination of Federal employees.
‘‘(8) NECESSARY POWERS.—The Trust shall have all
necessary and proper powers for the exercise of the
authorities vested in it.
‘‘(9) TAXES.—The Trust and all properties administered by the Trust and all interest created under
leases, concessions, permits and other agreements associated with the properties shall be exempt from all
taxes and special assessments of every kind by the
State of California, and its political subdivisions, including the City and County of San Francisco.
‘‘(10) GOVERNMENT CORPORATION.—(A) The Trust
shall be treated as a wholly owned Government corporation subject to chapter 91 of title 31, United
States Code (commonly referred to as the Government Corporation Control Act). Financial statements
of the Trust shall be audited annually in accordance
with section 9105 of title 31 of the United States Code.
‘‘(B) At the end of each calendar year, the Trust
shall submit to the Committee on Energy and Natural Resources of the United States Senate and the
Committee on Resources [now Committee on Natural
Resources] of the House of Representatives a comprehensive and detailed report of its operations, activities, and accomplishments for the prior fiscal year.
The report also shall include a section that describes
in general terms the Trust’s goals for the current fiscal year.
‘‘SEC. 104. DUTIES AND AUTHORITIES OF THE
TRUST.
‘‘(a) OVERALL REQUIREMENTS OF THE TRUST.—The
Trust shall manage the leasing, maintenance, rehabilitation, repair and improvement of property within the
Presidio under its administrative jurisdiction using the
authorities provided in this section, which shall be exercised in accordance with the purposes set forth in
section 1 of the Act entitled ‘An Act to establish the
Golden Gate National Recreation Area in the State of
California, and for other purposes’, approved October
27, 1972 (Public Law 92–589; 86 Stat. 1299; 16 U.S.C.
460bb), and in accordance with the general objectives of
the General Management Plan (hereinafter referred to
as the ‘management plan’) approved for the Presidio.
‘‘(b) AUTHORITIES.—The Trust may participate in the
development of programs and activities at the properties transferred to the Trust, except that the Trust
shall have the authority to negotiate and enter into
such agreements, leases, contracts and other arrange-

Page 650

ments with any person, firm, association, organization,
corporation or governmental entity, including, without
limitation, entities of Federal, State and local governments as are necessary and appropriate to carry out its
authorized activities. The National Park Service or any
other Federal agency is authorized to enter into agreements, leases, contracts and other arrangements with
the Presidio Trust which are necessary and appropriate
to carry out the purposes of this title. Any such agreement may be entered into without regard to section 321
of the Act of June 30, 1932 (40 U.S.C. 303b) [now 40 U.S.C.
1302]. The Trust may use alternative means of dispute
resolution authorized under subchapter IV of chapter 5
of title 5, United States Code (5 U.S.C. 571 et seq.). The
Trust shall establish procedures for lease agreements
and other agreements for use and occupancy of Presidio
facilities, including a requirement that in entering into
such agreements the Trust shall obtain reasonable
competition. The Trust may not dispose of or convey
fee title to any real property transferred to it under
this title. Federal laws and regulations governing procurement by Federal agencies shall not apply to the
Trust, with the exception of laws and regulations related to Federal government contracts governing working
conditions and wage rates, including the provisions of
sections 276a–276a–6 of title 40, United States Code
(Davis-Bacon Act) [now 40 U.S.C. 3141–3144, 3146, and
3147], and any civil rights provisions otherwise applicable thereto. The Trust, in consultation with the Administrator of Federal Procurement Policy, shall establish
and promulgate procedures applicable to the Trust’s
procurement of goods and services including, but not
limited to, the award of contracts on the basis of contractor qualifications, price, commercially reasonable
buying practices, and reasonable competition. The
Trust is authorized to use funds available to the Trust
to purchase insurance and for reasonable reception and
representation expenses, including membership dues,
business cards and business related meal expenditures.
‘‘(c) MANAGEMENT PROGRAM.—The Trust shall develop
a comprehensive program for management of those
lands and facilities within the Presidio which are transferred to the administrative jurisdiction of the Trust.
Such program shall be designed to reduce expenditures
by the National Park Service and increase revenues to
the Federal Government to the maximum extent possible. In carrying out this program, the Trust shall be
treated as a successor in interest to the National Park
Service with respect to compliance with the National
Environmental Policy Act [of 1969] [42 U.S.C. 4321 et
seq.] and other environmental compliance statutes.
Such program shall consist of—
‘‘(1) demolition of structures which in the opinion
of the Trust, cannot be cost-effectively rehabilitated,
and which are identified in the management plan for
demolition,
‘‘(2) evaluation for possible demolition or replacement those buildings identified as categories 2
through 5 in the Presidio of San Francisco Historic
Landmark District Historic American Buildings Survey Report, dated 1985,
‘‘(3) new construction limited to replacement of existing structures of similar size in existing areas of
development, and
‘‘(4) examination of a full range of reasonable options for carrying out routine administrative and facility management programs.
The Trust shall consult with the Secretary in the preparation of this program.
‘‘(d) FINANCIAL AUTHORITIES.—(1) To augment or encourage the use of non-Federal funds to finance capital
improvements on Presidio properties transferred to its
jurisdiction, the Trust, in addition to its other authorities, shall have the following authorities subject to the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.):
‘‘(A) The authority to guarantee any lender against
loss of principal or interest on any loan: Provided,
That—
‘‘(i) the terms of the guarantee are approved by
the Secretary of the Treasury;

Page 651

TITLE 16—CONSERVATION

‘‘(ii) adequate subsidy budget authority is provided in advance in appropriations Acts; and
‘‘(iii) such guarantees are structured so as to minimize potential cost to the Federal Government. No
loan guarantee under this title shall cover more
than 75 percent of the unpaid balance of the loan.
The Trust may collect a fee sufficient to cover its
costs in connection with each loan guaranteed
under this title. The authority to enter into any
such loan guarantee agreement shall expire at the
end of 15 years after the date of enactment of this
title [Nov. 12, 1996].
‘‘(B) The authority, subject to appropriations, to
make loans to the occupants of property managed by
the Trust for the preservation, restoration, maintenance, or repair of such property.
‘‘(2) The Trust shall also have the authority to issue
obligations to the Secretary of the Treasury, but only
if the Secretary of the Treasury agrees to purchase
such obligations to the extent authorized in advance in
appropriations acts. The Secretary of the Treasury is
authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, United States Code, and the purposes
for which securities may be issued under such chapter
are extended to include any purchase of such notes or
obligations acquired by the Secretary of the Treasury
under this subsection. Obligations issued under this
subparagraph shall be in such forms and denominations, bearing such maturities, and subject to such
terms and conditions, including a review of the creditworthiness of the loan and establishment of a repayment schedule, as may be prescribed by the Secretary
of the Treasury, and shall bear interest at a rate determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding
marketable obligations of the United States of comparable maturities. No funds appropriated to the Trust
may be used for repayment of principal or interest on,
or redemption of, obligations issued under this paragraph.
‘‘(3) The aggregate amount of obligations issued
under paragraph (2) of this subsection which are outstanding at any one time may not exceed $150,000,000.
‘‘(e) DONATIONS.—The Trust may solicit and accept
donations of funds, property, supplies, or services from
individuals, foundations, corporations, and other private or public entities for the purpose of carrying out
its duties. The Trust is encouraged to maintain a liaison with the Golden Gate National Park Association.
‘‘(f) PUBLIC AGENCY.—The Trust shall be deemed to be
a public agency for purposes of entering into joint exercise of powers agreements pursuant to California government code section 6500 and related provisions of
that Code.
‘‘(g) FINANCIAL MANAGEMENT.—Notwithstanding section 1341 of title 31 of the United States Code, all proceeds and other revenues received by the Trust shall be
retained by the Trust. Those proceeds shall be available, without further appropriation, to the Trust for
the administration, preservation, restoration, operation and maintenance, improvement, repair and related expenses incurred with respect to Presidio properties under its administrative jurisdiction. The Secretary of the Treasury shall invest, at the direction of
the Trust, such excess moneys that the Trust determines are not required to meet current withdrawals.
Such investment shall be in public debt securities with
maturities suitable to the needs of the Trust and bearing interest at rates determined by the Secretary of the
Treasury taking into consideration the current average
yield on outstanding marketable obligations of the
United States of comparable maturity.
‘‘(h) SUITS.—The Trust may sue and be sued in its
own name to the same extent as the Federal Government. Litigation arising out of the activities of the
Trust shall be conducted by the Attorney General; except that the Trust may retain private attorneys to
provide advice and counsel. The District Court for the
Northern District of California shall have exclusive jurisdiction over any suit filed against the Trust.

§ 460bb

‘‘(i) MEMORANDUM OF AGREEMENT.—The Trust shall
enter into a Memorandum of Agreement with the Secretary, acting through the Chief of the United States
Park Police, for the conduct of law enforcement activities and services within those portions of the Presidio
transferred to the administrative jurisdiction of the
Trust.
‘‘(j) BYLAWS, RULES, AND REGULATIONS.—The Trust
may adopt, amend, repeal, and enforce bylaws, rules
and regulations governing the manner in which its
business may be conducted and the powers vested in it
may be exercised, including rules and regulations for
the use and management of the property under the
Trust’s jurisdiction. The Trust is authorized, in consultation with the Secretary, to adopt and to enforce
those rules and regulations that are applicable to the
Golden Gate National Recreation Area and that may be
necessary and appropriate to carry out its duties and
responsibilities under this title. The Trust shall give
notice of the adoption of such rules and regulations by
publication in the Federal Register.
‘‘(k) DIRECT NEGOTIATIONS.—For the purpose of compliance with applicable laws and regulations concerning properties transferred to the Trust by the Secretary, the Trust shall negotiate directly with regulatory authorities.
‘‘(l) INSURANCE.—The Trust shall require that all
leaseholders and contractors procure proper insurance
against any loss in connection with properties under
lease or contract, or the authorized activities granted
in such lease or contract, as is reasonable and customary.
‘‘(m) BUILDING CODE COMPLIANCE.—The Trust shall
bring all properties under its administrative jurisdiction into compliance with Federal building codes and
regulations appropriate to use and occupancy within 10
years after the enactment of this title [Nov. 12, 1996] to
the extent practicable.
‘‘(n) LEASING.—In managing and leasing the properties transferred to it, the Trust shall consider the extent to which prospective tenants contribute to the implementation of the general objectives of the General
Management Plan for the Presidio and to the reduction
of cost to the Federal Government. The Trust shall
give priority to the following categories of tenants:
Tenants that enhance the financial viability of the Presidio and tenants that facilitate the cost-effective preservation of historic buildings through their reuse of
such buildings.
‘‘(o) REVERSION.—If, at the expiration of 15 years, the
Trust has not accomplished the goals and objectives of
the plan required in section 105(b) of this title, then all
property under the administrative jurisdiction of the
Trust pursuant to section 103(b) of this title shall be
transferred to the Administrator of the General Services Administration to be disposed of in accordance
with the procedures outlined in the Defense Authorization Act of 1990 (104 Stat. 1809) [probably means part A
of title XXIX of div. B of Pub. L. 101–510, Nov. 5, 1990,
104 Stat. 1808, set out as a note under section 2687 of
Title 10, Armed Forces], and any real property so transferred shall be deleted from the boundary of the Golden
Gate National Recreation Area. In the event of such
transfer, the terms and conditions of all agreements
and loans regarding such lands and facilities entered
into by the Trust shall be binding on any successor in
interest.
‘‘(p) EXCLUSIVE RIGHTS TO NAME AND INSIGNIA.—The
Trust shall have the sole and exclusive right to use the
words ‘Presidio Trust’ and any seal, emblem, or other
insignia adopted by its Board of Directors. Without express written authority of the Trust, no person may use
the words ‘Presidio Trust’, or any combination or variation of those words alone or with other words, as the
name under which that person shall do or purport to do
business, for the purpose of trade, or by way of advertisement, or in any manner that may falsely suggest
any connection with the Trust.
‘‘SEC. 105. LIMITATIONS ON FUNDING.
‘‘(a)(1) From amounts made available to the Secretary for the operation of areas within the Golden

§ 460bb–1

TITLE 16—CONSERVATION

Gate National Recreation Area, not more than
$25,000,000 shall be available to carry out this title in
each fiscal year after the enactment of this title [Nov.
12, 1996] until the plan is submitted under subsection
(b). Such sums shall remain available until expended.
‘‘(2) After the plan required in subsection (b) is submitted, and for each of the 14 fiscal years thereafter,
there are authorized to be appropriated to the Trust
not more than the amounts specified in such plan. Such
sums shall remain available until expended. Of such
sums, funds shall be available through the Trust for
law enforcement activities and services to be provided
by the United States Park Police at the Presidio in accordance with section 104(i) of this title.
‘‘(b) Within 1 year after the first meeting of the
Board of Directors of the Trust, the Trust shall submit
to Congress a plan which includes a schedule of annual
decreasing federally appropriated funding that will
achieve, at a minimum, self-sufficiency for the Trust
within 15 complete fiscal years after such meeting of
the Trust. No further funds shall be authorized for the
Trust 15 years after the first meeting of the Board of
Directors of the Trust.
‘‘(c) The Administrator of the General Services Administration shall provide necessary assistance, on a
reimbursable basis, including detailees as necessary, to
the Trust in the formulation and submission of the annual budget request for the administration, operation,
and maintenance of the Presidio.
‘‘SEC. 106. GENERAL ACCOUNTING OFFICE STUDY.
‘‘(a) Three years after the first meeting of the Board
of Directors of the Trust, the General Accounting Office [now Government Accountability Office] shall conduct an interim study of the activities of the Trust and
shall report the results of the study to the Committee
on Energy and Natural Resources and the Committee
on Appropriations of the United States Senate, and the
Committee on Resources [now Committee on Natural
Resources] and Committee on Appropriations of the
House of Representatives. The study shall include, but
shall not be limited to, details of how the Trust is
meeting its obligations under this title.
‘‘(b) In consultation with the Trust, the General Accounting Office [now Government Accountability Office] shall develop an interim schedule and plan to reduce and replace the Federal appropriations to the extent practicable for interpretive services conducted by
the National Park Service, and law enforcement activities and services, fire and public safety programs conducted by the Trust.
‘‘(c) Seven years after the first meeting of the Board
of Directors of the Trust, the General Accounting Office [now Government Accountability Office] shall conduct a comprehensive study of the activities of the
Trust, including the Trust’s progress in meeting its obligations under this title, taking into consideration the
results of the study described in subsection (a) and the
implementation of plan and schedule required in subsection (b). The General Accounting Office shall report
the results of the study, including any adjustments to
the plan and schedule, to the Committee on Energy and
Natural Resources and the Committee on Appropriations of the United States Senate, and the Committee
on Resources [now Committee on Natural Resources]
and Committee on Appropriations of the House of Representatives.
‘‘SEC. 107. CONDITIONAL AUTHORITY TO LEASE
CERTAIN HOUSING UNITS WITHIN THE PRESIDIO.
‘‘(a) AVAILABILITY OF HOUSING UNITS FOR LONG-TERM
ARMY LEASE.—Subject to subsection (c), the Trust shall
make available for lease, to those persons designated
by the Secretary of the Army and for such length of
time as requested by the Secretary of the Army, 22
housing units located within the Presidio that are
under the administrative jurisdiction of the Trust and
specified in the agreement between the Trust and the
Secretary of the Army in existence as of the date of the
enactment of this section [Dec. 28, 2001].

Page 652

‘‘(b) LEASE AMOUNT.—The monthly amount charged
by the Trust for the lease of a housing unit under this
section shall be equivalent to the monthly rate of the
basic allowance for housing that the occupant of the
housing unit is entitled to receive under section 403 of
title 37, United States Code.
‘‘(c) CONDITION ON CONTINUED AVAILABILITY OF HOUSING UNITS.—Effective after the end of the four-year period beginning on the date of the enactment of this section, the Trust shall have no obligation to make housing units available under subsection (a) unless, during
that four-year period, the Secretary of the Treasury
purchases new obligations of at least $80,000,000 issued
by the Trust under section 104(d)(2). In the event that
this condition is not satisfied, the existing agreement
referred to in subsection (a) shall be renewed on the
same terms and conditions for an additional five
years.’’

§ 460bb–1. Composition and boundaries
(a) Areas included and excluded
(1) Initial lands
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.
(2) Additional lands
In addition to the lands described in paragraph (1), the recreation area shall include the
following:
(A) The parcels numbered by the Assessor
of Marin County, California, 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.
(B) 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.
(C) Lands acquired under the Golden Gate
National Recreation Area Addition Act of
1992 (16 U.S.C. 460bb–1 note; Public Law
102–299).
(D) Lands generally depicted on the map
entitled ‘‘Additions to Golden Gate National
Recreation Area’’, numbered NPS–80–076,
and dated July 2000/PWR–PLRPC.
(E) Lands generally depicted on the map
entitled ‘‘Rancho Corral de Tierra Additions
to the Golden Gate National Recreation
Area’’, numbered NPS–80,079E, and dated
March 2004.

Page 653

TITLE 16—CONSERVATION

(3) Acquisition limitation
The Secretary may acquire land described in
paragraph (2)(E) only from a willing seller.
(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.
(Pub. L. 92–589, § 2, Oct. 27, 1972, 86 Stat. 1299;
Pub. L. 93–544, Dec. 26, 1974, 88 Stat. 1741; Pub. L.
95–625, title III, § 317(a), Nov. 10, 1978, 92 Stat.
3484; Pub. L. 96–199, title I, § 103(a), Mar. 5, 1980,
94 Stat. 68; Pub. L. 96–344, § 4(1), Sept. 8, 1980, 94
Stat. 1134; Pub. L. 96–607, title X, § 1001(1), (2),
Dec. 28, 1980, 94 Stat. 3544; Pub. L. 102–299,
§ 2(b)(1), June 9, 1992, 106 Stat. 236; Pub. L.
103–437, § 6(n)(2), Nov. 2, 1994, 108 Stat. 4586; Pub.
L. 106–350, § 2, Oct. 24, 2000, 114 Stat. 1361; Pub. L.
109–131, title II, § 202, Dec. 20, 2005, 119 Stat. 2568.)
REFERENCES IN TEXT
The Golden Gate National Recreational Area Addition Act of 1992, referred to in subsec. (a)(2)(C), is Pub.
L. 102–299, June 9, 1992, 106 Stat. 236, which amended
this section and enacted provisions set out as a note
below. For complete classification of this Act to the
Code, see Short Title of 1992 Amendment note below
and Tables.
AMENDMENTS
2005—Subsec. (a). Pub. L. 109–131 designated first four
sentences of existing provisions as par. (1), inserted par.
(1) heading, struck out at end ‘‘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. The recreation area shall also include the lands
generally depicted on the map entitled ‘Additions to
Golden Gate National Recreation Area’, numbered
NPS–80,076, and dated July 2000/ PWR–PLRPC.’’, and
added pars. (2) and (3).
2000—Subsec. (a). Pub. L. 106–350 inserted at end ‘‘The
recreation area shall also include the lands generally
depicted on the map entitled ‘Additions to Golden Gate
National Recreation Area’, numbered NPS–80,076, and
dated July 2000/ PWR–PLRPC.’’
1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate’’ for ‘‘Committees on Interior and
Insular Affairs of the United States House of Representatives and the United States Senate’’.
1992—Subsec. (a). Pub. L. 102–299, § 2(b)(1), inserted at
end ‘‘The recreation area shall also include those lands

§ 460bb–2

acquired pursuant to the Golden Gate National Recreation Area Addition Act of 1992.’’
1980—Subsec. (a). Pub. L. 96–607, § 1001(1), included
within the recreation area the lands and waters in San
Mateo County depicted on the map entitled Sweeney
Ridge Addition, Golden Gate National Recreation Area,
numbered NRA GG–80,000–A, dated May 1980.
Pub. L. 96–344 designated the southern end of the
town of Marshall as the Marshall Boat Works and specified additional lands to be included within the boundaries of the recreation area.
Pub. L. 96–199 inserted ‘‘, plus those areas depicted on
the map entitled ‘Point Reyes and GGNRA Amendments and dated October 25, 1979’ ’’ after ‘‘and dated October 1978’’.
Subsec. (b). Pub. L. 96–607, § 1001(2), substituted
‘‘maps’’ for ‘‘map’’.
1978—Subsec. (a). Pub. L. 95–625 substituted as a description of the recreation area the lands, etc., generally depicted on Revised Boundary Map, Golden Gate
National Recreation Area, numbered NRA–GG–80,003–K
and dated October 1978 for prior such depiction on predecessor Boundary Map numbered NRA–GG–80,003–G, and
dated September 1974; limited amount of acquisition in
the tract known as San Francisco Assessor’s Block
number 1592; prohibited acquisition of Marin County
Assessor’s parcels located in the Muir Beach area; and
deleted provisions including certain Marin and San
Francisco County properties and excluding certain
Marin County properties.
1974—Subsec. (a). Pub. L. 93–544 substituted the Revised Boundary Map numbered NRA–GG–80,003–G, dated
September 1974, with a list of additional properties for
the Boundary Map numbered NRA–GG–80,003A, sheets 1
through 3, dated July 1972, as the description of the
land comprising the recreation area.
PHLEGER ESTATE ADDITION
Section 2(a) and (b)(2) of Pub. L. 102–299 authorized
Secretary of the Interior to acquire by donation or purchase with donated or appropriated funds approximately 1,232 acres of land in San Mateo County, California, known generally as the Phleger property, as
generally depicted on map entitled ‘‘1991 addition to
Golden Gate National Recreation Area (Phleger Estate)’’ and numbered GGNRA641/40062, with Federal share
of acquisition of land not to exceed 50 percent of purchase price of land, and directed Secretary, upon acquisition of the land and after publication of notice in the
Federal Register, to revise boundary of Golden Gate
National Recreation Area to reflect inclusion of such
land, and to prepare and make available a map displaying such boundary revision in accordance with subsection (b) of this section.

§ 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

§ 460bb–2

TITLE 16—CONSERVATION

for exchange shall be reported to the General
Services Administration for disposal under
chapters 1 to 11 of title 40 and division C (except
sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and
4711) of subtitle I of title 41: Provided, That no
disposal shall be for less than fair market value.
Except as hereinafter provided, Federal property
within the boundaries of the recreation area is
hereby transferred without consideration to the
administrative jurisdiction of the Secretary for
the purposes of this subchapter, subject to the
continuation of such existing uses as may be
agreed upon between the Secretary and the head
of the agency formerly having jurisdiction over
the property. Notwithstanding any other provision of law, the Secretary may develop and administer for the purposes of this subchapter
structures or other improvements and facilities
on lands for which he receives a permit of use
and occupancy from the Secretary of the Army.
(b) Transfer of certain properties to administrative jurisdiction of Secretary; military properties, reservation of use and occupancy by
Secretary of the Army; radio receiver station,
retention of jurisdiction when not superfluous
Fort Cronkhite, Fort Barry, and the westerly
one-half of Fort Baker, in Marin County, California, as depicted on the map entitled ‘‘Golden
Gate
Military
Properties’’
numbered
NRAGG–20,002 and dated January 1972, which
shall be on file and available for public inspection in the offices of the National Park Service,
are hereby transferred to the jurisdiction of the
Secretary for purposes of this subchapter, subject to continued use and occupancy by the Secretary of the Army of those lands needed for existing air defense missions, reserve activities
and family housing, until he determines that
such requirements no longer exist. The Coast
Guard Radio Receiver Station, shall remain
under the jurisdiction of the Secretary of the
Department in which the Coast Guard is operating. When this station is determined to be excess to the needs of the Coast Guard, it shall be
transferred to the jurisdiction of the Secretary
for purposes of this subchapter.
(c) Military property; public service facilities:
construction, maintenance, and determinations of identity and location by Secretary of
the Army
The easterly one-half of Fort Baker in Marin
County, California, shall remain under the jurisdiction of the Department of the Army. When
this property is determined by the Department
of Defense to be excess to its needs, it shall be
transferred to the jurisdiction of the Secretary
for purposes of this subchapter. The Secretary of
the Army shall grant to the Secretary reasonable public access through such property to
Horseshoe Bay, together with the right to construct and maintain such public service facilities as are necessary for the purposes of this
subchapter. The precise facilities and location
thereof shall be determined between the Secretary and the Secretary of the Army.
(d) Presidio of San Francisco; use and occupation of certain acreage by Secretary
Upon enactment, the Secretary of the Army
shall grant to the Secretary the irrevocable use

Page 654

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

Page 655

TITLE 16—CONSERVATION

any portion thereof, becomes excess to the needs
of the Department of Defense.
(i) New construction; limitation; notice and public hearing; exceptions
New construction and development within the
boundaries described in section 460bb–1(a) of this
title on lands under the administrative jurisdiction of a department other than that of the Secretary is prohibited, except that improvements
on lands which have not been transferred to his
administrative jurisdiction may be reconstructed or demolished. Any such structure
which is demolished may be replaced with an
improvement of similar size, following consultation with the Secretary or his designated representative, who shall conduct a public hearing
at a location in the general vicinity of the area,
notice of which shall be given at least one week
prior to the date thereof. The foregoing limitation on construction and development shall not
apply to expansion of those facilities known as
Letterman General Hospital or the Western
Medical Institute of Research.
(j) Owner’s reservation of right of use and occupancy for residential purposes for fixed term
of years or for life; election by owner; adjustment of compensation; termination of use
and occupancy inconsistent with statutory
purposes and upon tender of sum for unexpired right; lease of Federal lands: restrictive covenants, offer to prior owner or leaseholder
The owner of improved residential property or
of agricultural property on the date of its acquisition by the Secretary under this subchapter
may, as a condition of such acquisition, retain
for himself and his or her heirs and assigns a
right of use and occupancy for a definite term of
not more than twenty-five years, or, in lieu
thereof, for a term ending at the death of the
owner or the death of his or her spouse, whichever is later. The owner shall elect the term to
be reserved. Unless the property is wholly or
partly donated to the United States, the Secretary shall pay to the owner the fair market
value of the property on the date of acquisition
minus the fair market value on that date of the
right retained by the owner. A right retained
pursuant to this section shall be subject to termination by the Secretary upon his or her determination that it is being exercised in a manner
inconsistent with the purposes of this subchapter, and it shall terminate by operation of
law upon the Secretary’s notifying the holder of
the right of such determination and tendering to
him or her an amount equal to the fair market
value of that portion of the right which remains
unexpired. Where appropriate in the discretion
of the Secretary, he or she may lease federally
owned land (or any interest therein) which has
been acquired by the Secretary under this subchapter, and which was agricultural land prior
to its acquisition. Such lease shall be subject to
such restrictive covenants as may be necessary
to carry out the purposes of this subchapter.
Any land to be leased by the Secretary under
this section shall be offered first for such lease
to the person who owned such land or who was
a leaseholder thereon immediately before its acquisition by the United States.

§ 460bb–2

(k) ‘‘Improved and agricultural property’’ defined
The term ‘‘improved property’’, as used in subsection (j) of this section, means a detached,
noncommercial residential dwelling, the construction of which was begun before June 1, 1971,
or, in the case of areas added by action of the
Ninety-fifth Congress, October 1, 1978, together
with so much of the land on which the dwelling
is situated, the said land being in the same ownership as dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any
structures accessory to the dwelling which are
situated on the land so designated. The term
‘‘agricultural property’’ as used in this subchapter means lands which are in regular use for
agricultural, ranching, or dairying purposes as
of January 1, 1978, together with residential and
other structures related to the above uses of the
property as such structures exist on said date.
(l) Relocation assistance benefits and rights;
waiver through retention of right of use and
occupancy; displaced person status of owner
Whenever an owner of property elects to retain a right of use and occupancy as provided for
in this subchapter, such owner shall be deemed
to have waived any benefits or rights accruing
under sections 4623, 4624, 4625, and 4626 of title 42,
and for the purposes of those sections such
owner shall not be considered a displaced person
as defined in section 4601(6) of title 42.
(m) Acquisition of land; contract authority; installment payments; interest rate; provisions
applicable to judgments against United
States
Notwithstanding any other provision of law,
the Secretary shall have the same authority
with respect to contracts for the acquisition of
land and interests in land for the purposes of
this subchapter as was given the Secretary of
the Treasury for other land acquisitions by section 3171 of title 40 relating to purchase of sites
for public buildings, and the Secretary and the
owner of land to be acquired under this subchapter may agree that the purchase price will
be paid in periodic installments over a period
that does not exceed ten years, with interest on
the unpaid balance thereof at a rate which is not
in excess of the current average market yield on
outstanding marketable obligations of the
United States with remaining periods to maturity comparable to the average maturities on
the installments. Judgments against the United
States for amounts in excess of the deposit in
court made in condemnation actions shall be
subject to the provisions of section 1304 of title
31 and sections 2414 and 2517 of title 28.
(n) Management of State donated lands
The Secretary shall accept and shall manage
in accordance with this subchapter, any land
and improvements adjacent to the recreation
area which are donated by the State of California or its political subdivisions. The boundaries
of the recreation area shall be changed to include such donated lands.
(o) Payment deferral; scheduling; interest rate
In acquiring those lands authorized by the
Ninety-fifth Congress for the purposes of this

§ 460bb–3

TITLE 16—CONSERVATION

subchapter, the Secretary may, when agreed
upon by the landowner involved, defer payment
or schedule payments over a period of ten years
and pay interest on the unpaid balance at a rate
not exceeding that paid by the Treasury of the
United States for borrowing purposes.
(p) San Francisco water department property;
scenic and recreational easement
With reference to those lands known as the
San Francisco water department property shown
on map numbered NRA GG–80,000–A, the Secretary shall administer such land in accordance
with the provisions of the documents entitled
‘‘Grant of Scenic Easement’’, and ‘‘Grant of Scenic and Recreational Easement’’, both executed
on January 15, 1969, between the city and county
of San Francisco and the United States, including such amendments to the subject document
as may be agreed to by the affected parties subsequent to December 28, 1980. The Secretary is
authorized to seek appropriate agreements needed to establish a trail within this property and
connecting with a suitable beach unit under the
jurisdiction of the Secretary.
(Pub. L. 92–589, § 3, Oct. 27, 1972, 86 Stat. 1299;
Pub. L. 95–625, title III, § 317(b)–(e), Nov. 10, 1978,
92 Stat. 3485; Pub. L. 96–607, title X, § 1001(3)–(5),
Dec. 28, 1980, 94 Stat. 3544.)
REFERENCES IN TEXT
Upon enactment, referred to in subsec. (d), probably
means the date of enactment of this subchapter by Pub.
L. 92–589, which was Oct. 27, 1972.
CODIFICATION
In subsec. (a), ‘‘chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41’’ substituted for ‘‘the
Federal Property and Administrative Services Act of
1949 (63 Stat. 377), as amended’’ on authority of Pub. L.
107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works,
and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854,
which Act enacted Title 41, Public Contracts.
‘‘Section 3171 of title 40 relating to purchase of sites
for public buildings’’ substituted in subsec. (m) for
‘‘section 34 of the Act of May 30, 1908, relating to purchase of sites for public buildings (35 Stat. 545)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat.
1303, the first section of which enacted Title 40, Public
Buildings, Property, and Works.
In subsec. (m), ‘‘section 1304 of title 31’’ substituted
for ‘‘the Act of July 27, 1956 (70 Stat. 624) [31 U.S.C.
724a]’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
AMENDMENTS
1980—Subsec. (g). Pub. L. 96–607, § 1001(3), inserted reference to Point Montara.
Subsec. (h). Pub. L. 96–607, § 1001(4), transferred to the
jurisdiction of the Secretary the Pillar Point Military
Reservation at such time as the property, or any portion thereof, becomes excess to the needs of the Department of Defense.
Subsec. (p). Pub. L. 96–607, § 1001(5), added subsec. (p).
1978—Subsec. (i). Pub. L. 95–625, § 317(b), in revising
the text, substituted provision prohibiting new construction and development in the recreation area on
lands under the administrative jurisdiction of a department other than that of the Secretary but authorized
reconstruction or demolition of improvements upon the
nontransferred lands of such agency after consultations
with the Secretary and upon notice and hearing for

Page 656

prior provision limited to new construction and development on property under administrative jurisdiction
of the Department of the Army required to accommodate facilities being relocated from property being
transferred to administrative jurisdiction of the Secretary or directly related to the essential missions of
the Sixth United States Army.
Subsec. (j). Pub. L. 95–625, § 317(c), substituted provision making the subsection applicable to improved residential property and agricultural property for prior
provision for application to improved property of a
noncommercial residential nature and authorized lease
of Federally-owned lands, subject to restrictive covenants, with first offer to prior owner or leaseholder.
Subsec. (k). Pub. L. 95–625, § 317(d), defined ‘‘improved
property’’ to include residential dwelling, the construction of which was begun, in the case of areas added by
action of the Ninety-fifth Congress, October 1, 1978, and
included definition of ‘‘agricultural property’’.
Subsecs. (n), (o). Pub. L. 95–625, § 317(e), added subsecs.
(n) and (o).
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 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
sections 1, 2, 3, and 4 of this title, as amended
and supplemented, and the Secretary may utilize such statutory authority available to him
for the conservation and management of wildlife
and natural resources as he deems appropriate
to carry out the purposes of this subchapter.
Notwithstanding their inclusion within the
boundaries of the recreation area, the Muir
Woods National Monument and Fort Point National Historic Site shall continue to be administered as distinct and identifiable units of the
national park system in accordance with the
laws applicable to such monument and historic
site.
(b) Federal-State cooperative agreements for police and fire protection
The Secretary may enter into cooperative
agreements with any Federal agency, the State
of California, or any political subdivision thereof, for the rendering, on a reimbursable basis, of
rescue, firefighting, and law enforcement and
fire preventive assistance.
(c) Water resource developments
The authority of the Army to undertake or
contribute to water resource developments, including shore erosion control, beach protection,
and navigation improvements on land and/or waters within the recreation area shall be exercised in accordance with plans which are mutually acceptable to the Secretary and the Sec-

Page 657

TITLE 16—CONSERVATION

retary of the Army and which are consistent
with both the purpose of this subchapter and the
purpose of existing statutes dealing with water
and related resource development.
(d) Transportation system; study for coordinated
public and private system
The Secretary, in cooperation with the State
of California and affected political subdivisions
thereof, local and regional transit agencies, and
the Secretaries of Transportation and of the
Army, shall make a study for a coordinated public and private transportation system to and
within the recreation area and other units of the
national park system in Marin and San Francisco Counties.
(e) Fees or admission charges
No fees or admission charges shall be levied
for admission of the general public to the recreation area except to portions under lease or permit for a particular and limited purpose authorized by the Secretary. The Secretary may authorize reasonable charges for public transportation and for admission to the sailing vessel
Balclutha and other historic vessels of the National Maritime Museum.
(f) Certain rental proceeds; crediting; management contract
Notwithstanding any other provisions of law,
in the administration of those parcels of property known as Haslett Warehouse, Cliff House
Properties and Louis’ Restaurant, the Secretary
shall credit any proceeds from the rental of
space in the aforementioned properties to the
appropriation, if any, bearing the cost of their
administration, maintenance, repair and related
expenses and also for the maintenance, repair
and related expenses of the vessels and the adjacent piers comprising the San Francisco Maritime National Historical Park, and for major
renovation and park rehabilitation of those
buildings included in the Fort Mason Foundation Cooperative Agreement: Provided, That surplus funds, if any, will be deposited into the
Treasury of the United States: Provided further,
That notwithstanding any other provision of
law, in the administration of said parcels and of
the AFDL–38 Drydock or other vessels or heavy
marine equipment, the Secretary may, if he
deems appropriate, enter into a contract for the
management (including rental or lease) of said
properties with such terms and conditions as
will protect the Government’s interest, with excess funds being used as set forth above.
(Pub. L. 92–589, § 4, Oct. 27, 1972, 86 Stat. 1302;
Pub. L. 95–625, title III, § 317(f), Nov. 10, 1978, 92
Stat. 3486; Pub. L. 99–395, §§ 1, 2(a), Aug. 27, 1986,
100 Stat. 836; Pub. L. 100–348, § 6, June 27, 1988, 102
Stat. 657.)
AMENDMENTS
1988—Subsec. (f). Pub. L. 100–348 substituted ‘‘San
Francisco Maritime National Historical Park’’ for ‘‘National Maritime Museum’’.
1986—Subsec. (e). Pub. L. 99–395, § 2(a), substituted
‘‘and for admission to the sailing vessel Balclutha and
other historic vessels of the National Maritime Museum’’ for ‘‘and, for a period not exceeding five years
from November 10, 1978, for admission to the sailing
vessel Balclutha’’.
Subsec. (f). Pub. L. 99–395, § 1, struck out provision
which had included a coordinated public and private ac-

§ 460bb–3

cess system to and within the recreation area and other
units of the national park system in Marin and San
Francisco Counties among the allowable uses to which
rental proceeds from Haslett Warehouse, Cliff House
Properties and Louis’ Restaurant were to be put, inserted in second proviso a reference to the administration of the AFDL–38 Drydock and other vessels or
heavy marine equipment, and inserted parenthetical in
second proviso to include rental or lease of properties
under management contracts into which the Secretary
may enter.
1978—Subsecs. (e), (f). Pub. L. 95–625 added subsecs. (e)
and (f).
FORT BAKER AGREEMENTS AND LEASES
Pub. L. 108–7, div. F, title I, § 114, Feb. 20, 2003, 117
Stat. 239, as amended by Pub. L. 109–54, title I, § 131,
Aug. 2, 2005, 119 Stat. 525, provided that: ‘‘Notwithstanding any other provision of law, the Secretary of
the Interior hereafter has ongoing authority to negotiate and enter into agreements and leases, without regard to section 321 of chapter 314 of the Act of June 30,
1932 (40 U.S.C. 303b) [now 40 U.S.C. 1302], with any person, firm, association, organization, corporation, or
governmental entity, for all or part of the property
within Fort Baker administered by the Secretary as
part of the Golden Gate National Recreation Area. In
furtherance of a lease entered into under the first sentence, the Secretary of the Interior or a lessee may impose fees on overnight lodgers for the purpose of covering the cost of providing utilities and transportation
services at Fort Baker properties at a rate not to exceed the annual cost of providing these services. The
proceeds of the agreements or leases or any statutorily
authorized fees, hereafter shall be retained by the Secretary and such proceeds shall remain available until
expended, without further appropriation, for the preservation, restoration, operation, maintenance, interpretation, public programs, and related expenses of the
National Park Service and nonprofit park partners incurred with respect to Fort Baker properties, including
utility expenses of the National Park Service or lessees
of the National Park Service.’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 106–291, title I, § 115, Oct. 11, 2000, 114 Stat. 943.
Pub. L. 106–113, div. B, § 1000(a)(3) [title I, § 121], Nov.
29, 1999, 113 Stat. 1535, 1501A–159.
FORT BAKER GOLDEN GATE NATIONAL RECREATION
AREA; TAX AND SPECIAL ASSESSMENT EXEMPTION
Pub. L. 106–113, div. B, § 1000(a)(3) [title I, § 120], Nov.
29, 1999, 113 Stat. 1535, 1501A–159, as amended by Pub. L.
111–88, div. A, title I, § 123, Oct. 30, 2009, 123 Stat. 2932,
provided that: ‘‘All properties administered by the National Park Service at Fort Baker, Golden Gate National Recreation Area, and leases, concessions, permits and other agreements associated with those properties, hereafter shall be exempt from all taxes and special assessments, except sales tax, by the State of California and its political subdivisions, including the
County of Marin and the City of Sausalito.’’
Similar provisions were contained in Pub. L. 105–277,
div. A, § 101(e) [title I, § 150], Oct. 21, 1998, 112 Stat.
2681–231, 2681–268.
FEES OR ADMISSION CHARGES; MONEYS COLLECTED
SINCE NOVEMBER 10, 1983
Section 2(b) of Pub. L. 99–395 provided that: ‘‘Notwithstanding any other provisions of law, moneys collected pursuant to section 4(e) of the Act of October 27,
1972 (16 U.S.C. 460bb–3; 92 Stat. 3486), since November 10,
1983, shall be deemed to have been collected in accordance with such section as amended by this Act.’’

§ 460bb–4

TITLE 16—CONSERVATION

§ 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.
(Pub. L. 92–589, § 5, Oct. 27, 1972, 86 Stat. 1302;
Pub. L. 95–625, title III, § 317(g), Nov. 10, 1978, 92
Stat. 3486; Pub. L. 96–344, § 4(2), (3), Sept. 8, 1980,
94 Stat. 1134; Pub. L. 96–607, title X, § 1001(6), (7),
Dec. 28, 1980, 94 Stat. 3545; Pub. L. 102–525, title
III, § 303, Oct. 26, 1992, 106 Stat. 3441.)
AMENDMENTS
1992—Subsec. (g). Pub. L. 102–525 substituted ‘‘thirty’’
for ‘‘twenty’’.
1980—Subsec. (b). Pub. L. 96–607, § 1001(6), substituted
‘‘eighteen’’ for ‘‘seventeen’’.
Pub. L. 96–344, § 4(2), substituted ‘‘five’’ for ‘‘three’’
and inserted proviso that the terms of members appointed or reappointed subsequent to Jan. 1, 1979, be extended so as not to expire before June 1, 1985.
Subsec. (e). Pub. L. 96–607, § 1001(7), substituted
‘‘Marin, San Mateo,’’ for ‘‘Marin’’.
Subsec. (g). Pub. L. 96–344, § 4(3), substituted ‘‘twenty’’ for ‘‘ten’’.
1978—Subsec. (b). Pub. L. 95–625 increased Commission membership from fifteen to seventeen.

§ 460bb–5. Authorization of appropriations; limitation; adjustments
There are hereby authorized to be appropriated such sums as may be necessary to carry
1 So

in original. The period probably should be a colon.

Page 658

out the provisions of this subchapter, but not
more than $61,610,000 plus $15,500,000 shall be appropriated for the acquisition of lands and interests in lands. There are authorized to be appropriated not more than $58,000,000 (May 1971
prices) for the development of the recreation
area, plus or minus such amounts, if any, as
may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the type of
construction involved herein said total development ceiling to be reduced by $10,000,000.
(Pub. L. 92–589, § 6, Oct. 27, 1972, 86 Stat. 1303;
Pub. L. 96–199, title I, § 103(b), Mar. 5, 1980, 94
Stat. 68.)
AMENDMENTS
1980—Pub. L. 96–199 inserted ‘‘plus $15,500,000’’ after
‘‘$61,610,000’’ and ‘‘said total development ceiling to be
reduced by $10,000,000’’ after ‘‘type of construction involved herein’’.

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, World War Veterans Park at 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 of-

Page 659

TITLE 16—CONSERVATION

fices 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.
(Pub. L. 92–592, §§ 1, 3(b)(2), Oct. 27, 1972, 86 Stat.
1308; Pub. L. 103–437, § 6(n)(3), Nov. 2, 1994, 108
Stat. 4586; Pub. L. 106–132, § 1(2), Dec. 7, 1999, 113
Stat. 1681.)
AMENDMENTS
1999—Subsec. (a)(4). Pub. L. 106–132 added Pub. L.
92–592, § 3(b)(2). See 1972 Amendment note below.
1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate’’ for ‘‘Committees on Interior and
Insular Affairs of the United States House of Representatives and the United States Senate’’.
1972—Subsec. (a)(4). Pub. L. 92–592, § 3(b)(2), as added
by Pub. L. 106–132, substituted ‘‘World War Veterans
Park at Miller Field’’ for ‘‘Miller Field’’.
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
Pub. L. 96–442, § 3, Oct. 13, 1980, 94 Stat. 1887, directed
Secretary of the Interior to conduct a study to determine appropriate measures for protection, interpretation, and public use of natural wetlands and undeveloped uplands of that portion of Hackensack Meadowlands District identified as DeKorte State Park on official zoning maps of that District, with Secretary to
consult with and seek advice of, representatives of interested local, State, and other Federal agencies, to determine suitability and feasibility of establishing the
area as a unit of national park system, including its administration as a unit of Gateway National Recreation
Area, together with alternative measures that could be
undertaken to protect and interpret resources of area
for public, and not later than two complete fiscal years
from Oct. 13, 1980, to transmit a report of the study, including estimated development, operation, and maintenance costs of alternatives identified therein, to Senate
Committee on Energy and Natural Resources and Committee on Interior and Insular Affairs of House of Representatives, together with his recommendations for
such further legislation as may be appropriate, and authorized to be appropriated from amounts previously
authorized to study lands for possible inclusion in national park system not to exceed $150,000 to carry out
provisions of this Act.

§ 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.

§ 460cc–1

(b) Transfer from Federal agency to administrative jurisdiction of Secretary
With the concurrence of the agency having
custody thereof, any Federal property within
the boundaries of the recreation area may be
transferred, without consideration, to the administrative jurisdiction of the Secretary for
administration as a part of the recreation area.
(c) Breezy Point Unit; public use and access;
agreement for use of lands for single-family
residential community; specific provisions;
Rockaway parking lot conveyance
Within the Breezy Point Unit, (1) the Secretary shall acquire an adequate interest in the
area depicted on the map referred to in section
460cc of this title to assure the public use of and
access to the entire beach. The Secretary may
enter into an agreement with any property
owner or owners to assure the continued maintenance and use of all remaining lands in private
ownership as a residential community composed
of single-family dwellings. Any such agreement
shall be irrevocable, unless terminated by mutual agreement, and shall specify, among other
things:
(A) that the Secretary may designate, establish and maintain a buffer zone on Federal
lands separating the public use area and the
private community;
(B) that all construction commencing within
the community, including the conversion of
dwellings from seasonal to year-round residences, shall comply with standards to be established by the Secretary;
(C) that additional commercial establishments shall be permitted only with the express prior approval of the Secretary or his
designee.
(2) If a valid, enforceable agreement is executed pursuant to paragraph (1) of this subsection, the authority of the Secretary to acquire any interest in the property subject to the
agreement, except for the beach property, shall
be suspended.
(3) The Secretary is authorized to accept by
donation from the city of New York any right,
title, or interest which it holds in the parking
lot at Rockaway which is part of the Marine
Bridge project at Riis Park. Nothing herein
shall be deemed to authorize the United States
to extinguish any present or future encumbrance or to authorize the State of New York or
any political subdivision or agency thereof to
further encumber any interest in the property so
conveyed.
(d) Jamaica Bay Unit; Broad Channel Community; title acceptance conditions
Within the Jamaica Bay Unit, (1) the Secretary may accept title to lands donated by the
city of New York subject to a retained right to
continue existing uses for a specifically limited
period of time if such uses conform to plans
agreed to by the Secretary, and (2) the Secretary may accept title to the area known as
Broad Channel Community only if, within five
years after October 27, 1972, all improvements
have been removed from the area and a clear
title to the area is tendered to the United
States.

§ 460cc–2

TITLE 16—CONSERVATION

(Pub. L. 92–592, § 2, Oct. 27, 1972, 86 Stat. 1308.)
§ 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 sections 1, 2, 3, and 4 of this title, as amended and
supplemented. In the administration of the
recreation area the Secretary may utilize such
statutory authority available to him for the
conservation and management of wildlife and
natural resources as he deems appropriate to
carry out the purposes of this subchapter: Provided, That the Secretary shall administer and
protect the islands and waters within the Jamaica Bay Unit with the primary aim of conserving the natural resources, fish, and wildlife
located therein and shall permit no development
or use of this area which is incompatible with
this purpose.
(b) William Fitts Ryan Visitor Center; designation
(1) 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.
(2) The portion of the Staten Island Unit of the
recreation area known as Miller Field is hereby
designated as ‘‘World War Veterans Park at Miller Field’’. Any reference to such Miller Field in
any law, regulation, map, document, record, or
other paper of the United States shall be considered to be a reference to ‘‘World War Veterans
Park at Miller Field’’.
(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

Page 660

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

Page 661

§ 460dd

TITLE 16—CONSERVATION

Fountain Avenue Landfill site, subject to payments to the United States of 50 per centum of
the revenue received by the city of New York, if
any, from the development of such rights. The
Secretary shall grant to the City, its lessee or
assignee, all rights-of-way and other permits
necessary from the Department of the Interior
to extract and transport the gas from the site:
Provided, That the rights-of-way and other permits shall provide for reasonable restoration of
the site, including removal of any processing or
storage facilities used in the disposal, development, or extraction of the gas, access by the
Secretary to the site for safety and other recreation area purposes, and such other reasonable
conditions as the Secretary deems necessary to
further purposes of the recreation area. All such
payments to the United States shall be credited
to the appropriations of the National Park Service for the development and improvement of
Gateway National Recreation Area.
(Pub. L. 92–592, § 3, Oct. 27, 1972, 86 Stat. 1309;
Pub. L. 96–344, § 11(1), Sept. 8, 1980, 94 Stat. 1136;
Pub. L. 97–232, § 1, Aug. 9, 1982, 96 Stat. 259; Pub.
L. 106–132, § 1, Dec. 7, 1999, 113 Stat. 1681.)
AMENDMENTS
1999—Subsec. (b). Pub. L. 106–132 designated existing
provisions as par. (1) and added par. (2).
1982—Subsec. (i). Pub. L. 97–232 added subsec. (i).
1980—Subsec. (b). Pub. L. 96–344 struck out ‘‘constructed’’ after ‘‘visitor center’’ and inserted provision
authorizing the Secretary to inform the public of the
contributions of Representative Ryan to the creation of
the recreation area by means of signs, markers, etc.,
and to take such additional action, not later than Dec.
31, 1980, as deemed appropriate to recognize and commemorate the contributions of Representative Ryan to
the recreation area.

§ 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.
(Pub. L. 92–592, § 4, Oct. 27, 1972, 86 Stat. 1310;
Pub. L. 96–344, § 11(2), Sept. 8, 1980, 94 Stat. 1136;
Pub. L. 97–232, § 2, Aug. 9, 1982, 96 Stat. 259.)
AMENDMENTS
1982—Subsec. (a). Pub. L. 97–232 substituted ‘‘twenty’’
for ‘‘ten’’.
1980—Subsec. (b). Pub. L. 96–344 substituted in provision preceding par. (1) ‘‘fifteen’’ for ‘‘eleven’’ and in
par. (5) ‘‘seven’’ for ‘‘three’’.

§ 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.
(Pub. L. 92–592, § 5, Oct. 27, 1972, 86 Stat. 1311.)
SUBCHAPTER LXXXVIII—GLEN CANYON
NATIONAL RECREATION AREA
§ 460dd. Establishment; boundaries; publication
in Federal Register
(a) 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,

§ 460dd–1

TITLE 16—CONSERVATION

but the total acreage of the national recreation
area may not exceed 1,256,000 acres.
(b) In addition to the boundary change authority under subsection (a) of this section, the Secretary may acquire approximately 152 acres of
private land in exchange for approximately 370
acres of land within the boundary of Glen Canyon National Recreation Area, as generally depicted on the map entitled ‘‘Page One Land Exchange Proposal’’, number 608/60573a–2002, and
dated May 16, 2002. The map shall be on file and
available for public inspection in the appropriate offices of the National Park Service.
Upon conclusion of the exchange, the boundary
of the recreation area shall be revised to reflect
the exchange.
(Pub. L. 92–593, § 1, Oct. 27, 1972, 86 Stat. 1311;
Pub. L. 108–43, § 2, July 1, 2003, 117 Stat. 841.)
AMENDMENTS
2003—Pub. L. 108–43 designated existing provisions as
subsec. (a), substituted ‘‘1,256,000 acres’’ for ‘‘one million two hundred and thirty-six thousand eight hundred
and eighty acres’’, and added subsec. (b).
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108–43, § 1, July 1, 2003, 117 Stat. 841, provided
that: ‘‘This Act [amending this section] may be cited as
the ‘Glen Canyon National Recreation Area Boundary
Revision Act’.’’

§ 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 (72 Stat. 1686), or the rights reserved to the Navajo Indian Tribal Council in
said section 2 with respect to the use of the
lands there described under the heading ‘‘PARCEL B’’.
(Pub. L. 92–593, § 2, Oct. 27, 1972, 86 Stat. 1311.)
REFERENCES IN TEXT
Act of September 2, 1958 (72 Stat. 1686), referred to in
subsec. (b), provided for exchange of lands between
United States and Navajo Tribe and for other purposes,
and was not classified to the Code.

§ 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 lo-

Page 662

cation, entry, and patent under the United
States mining laws. Under such regulations as
he deems appropriate, the Secretary shall permit the removal of the nonleasable minerals
from lands or interests in lands within the national recreation area in the manner prescribed
by section 387 of title 43, and he shall permit the
removal of leasable minerals from lands or interests in lands within the recreation area in accordance with the Mineral Leasing Act of February 25, 1920, as amended (30 U.S.C. 181 et seq.),
or the Acquired Lands Mineral Leasing Act of
August 7, 1947 (30 U.S.C. 351 et seq.), if he finds
that such disposition would not have significant
adverse effects on the Glen Canyon project or on
the administration of the national recreation
area pursuant to this subchapter.
(b) Disposition of funds from permits and leases
All receipts derived from permits and leases
issued on lands in the recreation area under the
Mineral Leasing Act of February 25, 1920, as
amended [30 U.S.C. 181 et seq.], or the Act of August 7, 1947 [30 U.S.C. 351 et seq.], shall be disposed of as provided in the applicable Act; and
receipts from the disposition of nonleasable
minerals within the recreation area shall be disposed of in the same manner as moneys received
from the sale of public lands.
(Pub. L. 92–593, § 3, Oct. 27, 1972, 86 Stat. 1312.)
REFERENCES IN TEXT
The Mineral Leasing Act of February 25, 1920, as
amended, referred to in text, is act Feb. 25, 1920, ch. 85,
41 Stat. 437, as amended, known as the Mineral Leasing
Act, which is classified generally to chapter 3A (§ 181 et
seq.) of Title 30. For complete classification of this Act
to the Code, see Short Title note set out under section
181 of Title 30 and Tables.
The Acquired Lands Mineral Leasing Act of August 7,
1947, referred to in text, is act Aug. 7, 1947, ch. 513, 61
Stat. 913, as amended, which is classified generally to
chapter 7 (§ 351 et seq.) of Title 30. For complete classification of this Act to the Code, see Short Title note
set out under section 351 of Title 30 and Tables.

§ 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 sections 1, 2, 3, and 4 of this
title, as amended and supplemented, and with
any other statutory authority available to him
for the conservation and management of natural
resources to the extent he finds such authority
will further the purposes of this subchapter: Provided, however, That nothing in this subchapter
shall affect or interfere with the authority of
the Secretary granted by Public Law 485,
Eighty-fourth Congress, second session [43
U.S.C. 620 et seq.], to operate Glen Canyon Dam
and Reservoir in accordance with the purposes
of the Colorado River Storage Project Act [43
U.S.C. 620 et seq.] for river regulation, irrigation, flood control, and generation of hydroelectric power.
(Pub. L. 92–593, § 4, Oct. 27, 1972, 86 Stat. 1312.)
REFERENCES IN TEXT
Public Law 485, Eighty-fourth Congress, second session, referred to in text, is act Apr. 11, 1956, ch. 203, 70

Page 663

§ 460dd–9

TITLE 16—CONSERVATION

Stat. 105, as amended, which is popularly known as the
Colorado River Storage Project Act, and which is classified generally to chapter 12B (§ 620 et seq.) of Title 43,
Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 620
of Title 43 and Tables.

§ 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.
(Pub. L. 92–593, § 5, Oct. 27, 1972, 86 Stat. 1312.)
§ 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 sections 460dd–2(a) and 460dd–3 of
this title.
(Pub. L. 92–593, § 6, Oct. 27, 1972, 86 Stat. 1312.)

route cross the Escalante River north of Stephens Arch.
(b) Timetable
The study shall include a reasonable timetable
for the engineering, planning, and construction
of the road authorized in subsection (a) of this
section and the Secretary of the Interior shall
adhere to said timetable in every way feasible to
him.
(c) Markers and other interpretative devices
The Secretary is authorized to construct and
maintain markers and other interpretative devices consistent with highway safety standards.
(d) Additional roads
The study specified in subsection (a) of this
section shall designate what additional roads
are appropriate and necessary for full utilization
of the area for the purposes of this subchapter
and to connect with all roads of ingress to, and
egress from the recreation area.
(e) Report to Congress
The findings and conclusions of the Secretary
and the Highway Department of the State of
Utah, specified in subsection (a) of this section,
shall be submitted to Congress within two years
of October 27, 1972, and shall include recommendations for any further legislation necessary
to implement the findings and conclusions. It
shall specify the funds necessary for appropriation in order to meet the timetable fixed in subsection (b) of this section.
(Pub. L. 92–593, § 8, Oct. 27, 1972, 86 Stat. 1312.)
§ 460dd–8. Report to President

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.

Within two years from October 27, 1972, the
Secretary shall report to the President, in accordance with subsections 3(c) and 3(d) of the
Wilderness Act [16 U.S.C. 1132(c) and (d)], his
recommendations as to the suitability or nonsuitability of any area within the recreation
area for preservation as wilderness, and any designation of any such area as wilderness shall be
in accordance with said Wilderness Act [16
U.S.C. 1131 et seq.].

(Pub. L. 92–593, § 7, Oct. 27, 1972, 86 Stat. 1312.)

(Pub. L. 92–593, § 9, Oct. 27, 1972, 86 Stat. 1313.)

§ 460dd–6. Easements and rights-of-way

§ 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, lowspeed 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

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

§ 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.
(Pub. L. 92–593, § 10, Oct. 27, 1972, 86 Stat. 1313.)

§ 460ee

TITLE 16—CONSERVATION

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 (Public Law 90–483) by the Corps
of Engineers, the Department of the Interior,
and the Department of Agriculture, as modified
by this section, is authorized and directed to establish on the Big South Fork of the Cumberland River in Kentucky and Tennessee the
Big South Fork National River and Recreation
Area (hereafter in this section referred to as the
‘‘National Area’’) for the purposes of conserving
and interpreting an area containing unique cultural, historic, geologic, fish and wildlife, archeologic, scenic, and recreational values, preserving as a natural, free-flowing stream the Big
South Fork of the Cumberland River, major portions of its Clear Fork and New River stems, and
portions of their various tributaries for the benefit and enjoyment of present and future generations, the preservation of the natural integrity
of the scenic gorges and valleys, and the development of the area’s potential for healthful outdoor recreation. The boundaries shall be as generally depicted on the drawing prepared by the
Corps of Engineers and entitled ‘‘Big South
Fork National River and Recreation Area’’ identified as map number BSF–NRRA(1)(A) and
dated October 1972, which shall be on file and
available for public inspection in the office of
the District Engineer, U.S. Army Engineer District, Nashville, Tennessee. The Secretary may
acquire sites at locations outside such boundaries, as he determines necessary, for administrative and visitor orientation facilities. The
Secretary may also acquire a site outside such
boundaries at or near the location of the historic Tabard Inn in Ruby, Tennessee, including
such lands as he deems necessary, for the establishment of a lodge with recreational facilities
as provided in subsection (e)(3) of this section.
(b) Transfer of responsibility for planning, acquisition, and development, and administrative
jurisdiction to Secretary of the Interior;
boundary revisions; acreage limitation
Effective upon November 15, 1990, responsibility for all planning, acquisition, and development, as well as administrative jurisdiction over
all Federal lands, water, interests therein, and
improvements thereon, within the National
Area is hereby transferred to the Secretary of
the Interior. The Secretary may complete all acquisition and development activities in progress
on November 15, 1990, and the Secretary and the
Secretary of the Interior may, by mutual agreement, provide for an orderly and phased assumption of responsibilities (including but not limited to land acquisition and the construction of
necessary access roads, day-use facilities, camp-

Page 664

ground facilities, lodges, and administrative
buildings) and available funds by the Secretary
of the Interior in furtherance of the purposes of
this section. The Secretary of the Interior shall
administer the National Area in accordance
with sections 1, 2, 3, and 4 of this title, as
amended and supplemented. The authorities set
forth in this section which were available to the
Secretary immediately prior to November 15,
1990, shall after November 15, 1990, be available
to the Secretary of the Interior. In the administration of the National Area the Secretary may
utilize such statutory authority available to
him for the conservation and management of
wildlife and natural resources as he deems appropriate to carry out the purposes of this section. The Secretary of the Interior may, after
transfer to him, revise the boundaries from time
to time, but the total acreage within such
boundaries shall not exceed one hundred and
twenty-five thousand acres. Following such
transfer the authorities available to the Secretary in subsection (c) of this section shall
likewise be available to the Secretary of the Interior.
(c) Acquisition of property; tracts; exchange and
disposal of property; transfer from Federal
agency to administrative jurisdiction of Secretary; residential property, right of use and
occupancy; fair market value; transfer or assignment; lifetime residence of tenant or
spouse; accrual of obligation or rental to
United States; ‘‘improved property’’ defined;
mineral rights
(1) Within the boundaries of the National
Area, the Secretary may acquire lands and waters or interests therein by donation, purchase
with donated or appropriated funds, or exchange
or otherwise, except that lands (other than
roads and rights-of-way for roads) owned by the
States of Kentucky and Tennessee or any political subdivisions thereof which were in public
ownership on October 22, 1976, may be acquired
only by donation. When an individual tract of
land is only partly within the boundaries of the
National Area, the Secretary may acquire all of
the tract by any of the above methods in order
to avoid the payment of severance costs. Land
so acquired outside of the boundaries of the National Area may be exchanged by the Secretary
for non-Federal lands within the National Area
boundaries, and any portion of the land not utilized for such exchanges may be disposed of in
accordance with the provisions of chapters 1 to
11 of title 40 and division C (except sections 3302,
3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. Notwithstanding any other
provision of law, any Federal property within
the boundaries of the National Area shall be
transferred without consideration to the administrative jurisdiction of the Secretary for the
purposes of this section.
(2) With the exception of property or any interest in property that the Secretary determines
is necessary for purposes of administration,
preservation, or public use, any owner or owners
(hereafter in this section referred to as ‘‘owner’’)
of improved property used solely for noncommercial residential purposes on the date of
its acquisition by the Secretary may retain the

Page 665

TITLE 16—CONSERVATION

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 of 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 onefamily 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 ju-

§ 460ee

risdiction 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 gen-

§ 460ee

TITLE 16—CONSERVATION

eral 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

Page 666

lower than that of the nearest clearly demarked
rim on the same side of the valley), and those
portions of the main tributaries and streams in
the watersheds of the Big South Fork, Clear
Fork, and New River that lie within a gorge or
valley rim on either side, except that no lands
or waters north of Kentucky Highway Numbered
92 shall be included. The designated adjacent
areas shall consist of the balance of the National Area.
(5) The Secretary, and the Secretary of the Interior, shall consult and cooperate with the Tennessee Historical Commission and the Rugby
Restoration Association and with other involved
agencies and associations, both public and private concerning the development and management of the National Area in the area adjacent
to Rugby, Tennessee. Development within the
area adjacent to Rugby, Tennessee, shall be designed toward preserving and enhancing the historical integrity of the community and any historical sites within the boundary of the National
Area.
(6) The Secretary, or the Secretary of the Interior, after jurisdiction over the National Area
has been transferred to him under subsection (b)
of this section, shall provide for the restoration
of the Blue Heron Mine community in a manner
which will preserve and enhance the historical
integrity of the community and will contribute
to the public’s understanding and enjoyment of
its historical value. To that end the Secretary,
or the Secretary of the Interior, after jurisdiction over the National Area has been transferred
to him under subsection (b) of this section, may
construct and improve structures within and
may construct and improve a road into this
community.
(7) The Secretary shall study the desirability
and feasibility of reestablishing rail transportation on the abandoned O&W railbed or an alternative mode of transportation within the National Area upon the O&W roadbed, and shall report to Congress his recommendation with regard to development of this facility.
(8) IMPROVEMENT OF CHARIT CREEK LODGE AND
HISTORIC STRUCTURES.—The Secretary of the Interior may make improvements to the Charit
Creek Lodge and associated facilities and to historic structures determined to be eligible for
listing in the National Register of Historic
Places. Such improvements shall be made in a
manner consistent with the historic scene and
the limited ability of the National Area to accommodate additional use and development. Improvements to the Charit Creek Lodge and associated facilities shall be made within the approximately 30 acres of cleared land existing on
November 15, 1990, and within carrying capacity
limitations determined by the National Park
Service.
(f) Federal power and water resources projects;
license and other restrictions; limitations inapplicable to external areas
The Federal Energy Regulatory Commission
shall not license the construction of any dam,
water conduit, reservoir, powerhouse, transmission line, or other project works under the
Federal Power Act (41 Stat. 1063) as amended (16
U.S.C. 791a et seq.), within or directly affecting

Page 667

TITLE 16—CONSERVATION

the National Area and no department or agency
of the United States shall assist by loan, grant,
license, or otherwise in the construction of any
water resources project that would have a direct
and adverse effect on the values for which the
National Area was established. Nothing contained in the preceding sentence shall preclude
licensing of, or assistance to, developments
below or above the National Area or on any
stream tributary thereto which will not invade
the National Area or unreasonably diminish the
scenic, recreation, and fish and wildlife values
present in the area on March 7, 1974. No department or agency of the United States shall recommend authorization of any water resources
project that would have a direct and adverse effect on the values for which the National Area
was established, or request appropriations to
begin construction of any such project, whether
heretofore or hereafter authorized, without advising the Secretary or the Secretary of the Interior, after jurisdiction over the National Area
has been transferred to him under subsection (b)
of this section, in writing of its intention so to
do at least sixty days in advance, and without
specifically reporting to the Congress in writing
at the time it makes its recommendations or request in what respect construction of such
project would be in conflict with the purposes of
this section and would affect the National Area
and the values to be protected under this section.
(g) Transportation facilities; study and establishment
The Secretary shall study transportation facilities in the region served by the National
Area and shall establish transportation facilities to enhance public access to the National
Area. In this connection the Secretary is authorized to acquire and maintain public roads,
other than State highways, necessary to serve
the public use facilities within the National
Area, and to establish and maintain, at Federal
cost an interior and circulating road system sufficient to meet the purposes of this section. Any
existing public road, which at the time of its acquisition continues to be a necessary and essential part of the county highway system, may,
upon mutual agreement between the Secretary
and the owner of such road, be relocated outside
of the National Area and if not so relocated such
road shall be maintained at Federal expense and
kept open at all times for general travel purposes. Nothing in this subsection shall abrogate
the right of egress and ingress of those persons
who may remain in occupancy under subsection
(c) of this section. Nothing in this subsection
shall preclude the adjustment, relocation, reconstruction, or abandonment of State highways
situated in the National Area, with the concurrence of the agency having the custody of such
highways upon entering into such arrangements
as the Secretary or the Secretary of the Interior, after jurisdiction over the National Area
has been transferred to him under subsection (b)
of this section, deems appropriate and in the
best interest of the general welfare.
(h) New River plan and programs; transmittal to
Congress
In furtherance of the purpose of this subsection the Secretary in cooperation with the

§ 460ee

Secretary of Agriculture, the heads of other
Federal departments and agencies involved, and
the State of Tennessee and its political subdivisions, shall formulate a comprehensive plan for
that portion of the New River that lies upstream
from United States Highway Numbered 27. Such
plan shall include, among other things, programs to enhance the environment and conserve
and develop natural resources, and to minimize
siltation and acid mine drainage. Such plan,
with recommendations, including those as to
costs and administrative responsibilities, shall
be completed and transmitted to the Congress
within one year from March 7, 1974.
(i) Water quality protection; interagency cooperation
The Secretary or the Secretary of the Interior,
after jurisdiction over the National Area has
been transferred to him under subsection (b) of
this subsection, shall consult and cooperate
with other departments and agencies of the
United States and the States of Tennessee and
Kentucky in the development of measures and
programs to protect and enhance water quality
within the National Area and to insure that
such programs for the protection and enhancement of water quality do not diminish other values that are to be protected under this section.
(j) Real and personal property tax losses; reimbursement; authorization of appropriations
(1) Until such time as the transfer of jurisdiction to the Secretary of the Interior authorized
by subsection (b) of this section shall take place,
for the purpose of financially assisting the
States of Tennessee and Kentucky, McCreary
County, Kentucky, and Scott, Morgan, Pickett,
and Fentress Counties in Tennessee, because of
losses which these jurisdictions will sustain by
reason of the fact that certain lands and other
property within their boundaries may be included within the National Area established by
this section and thereafter will no longer be subject to real and personal property taxes levied or
imposed by them, payments shall be made to
them on an annual basis in an amount equal to
those taxes levied or imposed on such property
for the last taxable year immediately preceding
March 7, 1974.
(2) For the purpose of enabling the Secretary
to make such payments during the fiscal years
ending June 30, 1975, June 30, 1976, June 30, 1977,
June 30, 1978, and June 30, 1979, there are authorized to be appropriated such sums as may be
necessary.
(k) Authorization of appropriations; prohibition
of appropriation from Land and Water Conservation Fund
There are authorized to be appropriated
$156,122,000 to carry out the provisions of this
section, other than subsection (j) of this section.
Costs for the National Area shall be provided in
the same manner as costs for national recreation areas administered by the Secretary of the
Interior through the National Park Service.
(Pub. L. 93–251, title I, § 108, Mar. 7, 1974, 88 Stat.
43; Pub. L. 94–587, § 184, Oct. 22, 1976, 90 Stat. 2940;
Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977,
91 Stat. 583; Pub. L. 99–662, title XI, § 1110, Nov.
17, 1986, 100 Stat. 4231; Pub. L. 101–561, § 1, Nov.
15, 1990, 104 Stat. 2778.)

§ 460ee

TITLE 16—CONSERVATION
REFERENCES IN TEXT

Section 218 of the Flood Control Act of 1968, referred
to in subsec. (a), is section 218 of Pub. L. 90–483, Aug.
13, 1968, 82 Stat. 749, which was not classified to the
Code.
The Federal Power Act, referred to in subsec. (f), is
act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
which is classified generally to chapter 12 (§ 791a et
seq.) of this title. For complete classification of this
Act to the Code, see section 791a of this title and
Tables.
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 Pub. L. 94–587.
In subsec. (c)(1), ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906,
4710, and 4711) of subtitle I of title 41’’ substituted for
‘‘the Federal Property and Administrative Services Act
of 1949 (63 Stat. 377; 40 U.S.C. 471 et seq.), as amended’’
on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116
Stat. 1303, which Act enacted Title 40, Public Buildings,
Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4,
2011, 124 Stat. 3854, which Act enacted Title 41, Public
Contracts.
AMENDMENTS
1990—Subsec. (b). Pub. L. 101–561, § 1(a), struck out
par. (1) designation, substituted ‘‘Effective upon November 15, 1990, responsibility for all planning, acquisition, and development, as well as administrative jurisdiction over all Federal lands, water, interests therein,
and improvements thereon, within the National Area is
hereby transferred to the Secretary of the Interior. The
Secretary may complete all acquisition and development activities in progress on November 15, 1990, and
the Secretary and the Secretary of the Interior may, by
mutual agreement, provide for an orderly and phased
assumption of responsibilities (including but not limited to land acquisition and the construction of necessary access roads, day-use facilities, campground facilities, lodges, and administrative buildings) and
available funds by the Secretary of the Interior in furtherance of the purposes of this section. The Secretary
of the Interior shall administer the National Area in
accordance with sections 1, 2, 3, and 4 of this title, as
amended and supplemented. The authorities set forth
in this section which were available to the Secretary
immediately prior to November 15, 1990, shall after November 15, 1990, be available to the Secretary of the Interior.’’ for ‘‘The Secretary shall establish the National
Area by publication of notice thereof in the Federal
Register when he determines that the United States
has acquired an acreage within the boundaries of the
National Area that is efficiently administrable for the
purposes of this section. After publication of notice,
and after he has completed the construction of necessary access roads, day-use facilities, campground facilities, lodges, and administrative buildings, the Secretary shall transfer the jurisdiction of the National
Area to the Secretary of the Interior who shall administer the National Area in accordance with sections 1,
2, 3, and 4 of this title, as amended and supplemented.’’,
struck out at end of par. (1) ‘‘The Secretary may, prior
to the transfer to the Secretary of the Interior, revise
the boundaries from time to time, but the total acreage
within such boundaries shall not exceed one hundred
and twenty-five thousand acres.’’, and struck out par.
(2) which read as follows: ‘‘The Secretary may by agreement with the Secretary of the Interior provide for interim management by the Department of the Interior,
in accordance with the provisions of sections 1, 2, 3, and
4 of this title, as amended and supplemented, of any
portion or portions of the project which constitute a
logically and efficiently administrable area. The Secretary is authorized to transfer funds to the Department of the Interior for the costs of such interim management out of funds appropriated for the project.’’

Page 668

Subsec. (e)(2)(A). Pub. L. 101–561, § 1(b), substituted
‘‘No structures shall be constructed within the gorge
area except for structures associated with the improvement of historical sites specified in paragraphs (5), (6),
and (8), except for day-use facilities and primitive
campgrounds along the primary and secondary access
routes specified herein and within 500 feet of such
roads, and except for primitive campgrounds accessible
only by water or on foot. No motorized transportation
shall be allowed in the gorge area except on designated
access routes, existing routes for administration of the
National Area, existing routes for access to cemeteries;
except that motorboat access into the gorge area shall
be permitted up to a point one-tenth of a mile downstream from Devils’ Jumps and except for the continued operation and maintenance of the rail line currently operated and known as the K & T Railroad. The
Secretary of the Interior shall impose limitations on
the use of existing routes for access to cemeteries.’’ for
‘‘No structures shall be constructed within the gorge
except for reconstruction and improvement of the historical sites specified in paragraphs (5) and (6) of this
subsection and except for necessary day-use facilities
along the primary and secondary access routes specified herein and within five hundred feet of such roads,
and except for primitive campgrounds accessible only
by water or on foot. No motorized transportation shall
be allowed in the gorge area except on designated access routes and except that motorboat access into the
gorge area shall be permitted up to a point one-tenth
of a mile downstream from Devil’s Jumps; and except
for the continued operation and maintenance of the rail
line currently operated and known as the K & T Railroad.’’
Subsec. (e)(2)(D). Pub. L. 101–561, § 1(c), substituted
‘‘nonmotorized’’ for ‘‘nonvehicular’’.
Subsec. (e)(8). Pub. L. 101–561, § 1(d), added par. (8).
Subsec. (k). Pub. L. 101–561, § 1(e), substituted ‘‘Costs
for the National Area shall be provided in the same
manner as costs for national recreation areas administered by the Secretary of the Interior through the National Park Service’’ for ‘‘No moneys shall be appropriated from the Land and Water Conservation Fund to
carry out the purposes of this section’’.
1986—Subsec. (k). Pub. L. 99–662 substituted
‘‘$156,122,000’’ for ‘‘$103,522,000’’.
1976—Subsec. (a). Pub. L. 94–587, § 184(a), provided for
acquisition of outside sites for administrative, visitor
orientation, and recreation facilities.
Subsec. (b). Pub. L. 94–587, § 184(b), designated existing provisions as par. (1) and added par. (2).
Subsec. (c)(1). Pub. L. 94–587, § 184(c), inserted ‘‘which
were in public ownership on October 22, 1976,’’ after
‘‘political subdivisions thereof’’.
Subsec. (e)(2)(A). Pub. L. 94–587, § 184(d), provided for
motorboat access into the gorge area, continued operation and maintenance of the rail line, and acquisition
by the Secretary of an interest in the rail line easement for protection of scenic, esthetic, and recreational values of the gorge area and the adjacent
areas.
Subsec. (e)(2)(C). Pub. L. 94–587, § 184(e), authorized
construction of a secondary access road upon the road
entering the gorge across from the mouth of Station
Camp Creek.
Subsec. (k). Pub. L. 94–587, § 184(f), substituted
‘‘$103,522,000’’ for ‘‘$32,850,000’’.
TRANSFER OF FUNCTIONS
‘‘Federal Energy Regulatory Commission’’ substituted for ‘‘Federal Power Commission’’ in subsec. (f)
pursuant to Pub. L. 95–91, § 402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title 42, The Public
Health and Welfare.
Federal Power Commission terminated and functions
with regard to licenses and permits for dams, reservoirs, or other works for development and improvement of navigation and for development and utilization
of power across, along, from, or in navigable waters
under part I of Federal Power Act (16 U.S.C. 792 et seq.)

Page 669

TITLE 16—CONSERVATION

transferred to Federal Energy Regulatory Commission
by sections 7172(a)(1)(A) and 7293 of Title 42.

SUBCHAPTER XC—CUYAHOGA VALLEY
NATIONAL PARK
§ 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 Park, hereafter referred to as the ‘‘park’’, shall be established
within six months after December 27, 1974. In the
management of the park, the Secretary of the
Interior (hereafter referred to as the ‘‘Secretary’’) shall utilize the park resources in a
manner which will preserve its scenic, natural,
and historic setting while providing for the recreational and educational needs of the visiting
public.
(Pub. L. 93–555, § 1, Dec. 27, 1974, 88 Stat. 1784;
Pub. L. 106–291, title I, § 149(c), Oct. 11, 2000, 114
Stat. 956.)
AMENDMENTS
2000—Pub. L. 106–291 substituted ‘‘National Park’’ for
‘‘National Recreation Area’’ and substituted ‘‘park’’ for
‘‘recreation area’’ wherever appearing.
REDESIGNATION OF CUYAHOGA VALLEY NATIONAL
RECREATION AREA
Pub. L. 106–291, title I, § 149(a), (b), Oct. 11, 2000, 114
Stat. 956, provided that:
‘‘(a) REDESIGNATION.—The Cuyahoga Valley National
Recreation Area is redesignated as Cuyahoga Valley
National Park.
‘‘(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United
States to the Cuyahoga Valley National Recreation
Area is deemed to be a reference to Cuyahoga Valley
National Park.’’

§ 460ff–1. Acquisition of land
(a) Composition and boundaries; boundary revisions; certain specific property
The park shall comprise the lands and waters
generally depicted on the map entitled ‘‘Boundary Map, Cuyahoga Valley National Park,
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 park 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 prop-

§ 460ff–1

erty shall be administered as part of the park,
subject to the laws and regulations applicable
thereto. The park 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 park.
(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 park, the Secretary, after consultation with the Governor of
the State of Ohio and the Advisory Commission
established in section 460ff–4 1 of this title, may
acquire lands, improvements, waters, or interests therein by donation, purchase with donated
or appropriated funds, exchange, or transfer.
The Secretary may not acquire fee title to any
lands included within the park in 1986 which are
designated on the map referred to in subsection
(a) of this section as ‘‘Scenic Easement Acquisition Areas’’. The Secretary may acquire only
scenic easements in such designated lands. Unless consented to by the owner from which the
easement is acquired, any such scenic easement
may not prohibit any activity, the subdivision
of any land, or the construction of any building
or other facility if such activity, subdivision, or
construction would have been permitted under
laws and ordinances of the unit of local government in which such land was located on April 1,
1986, as such laws and ordinances were in effect
on such date. Any lands or interests owned
therein, as well as any lands hereafter acquired,
by the State of Ohio or any political subdivision
thereof (including any park district or other
public entity) within the boundaries of the park
may be acquired only by donation or exchange
for equal value. In determining the exchange
value of lands of the State or any political subdivision thereof under this subsection, the Secretary shall not include in the value of those
lands amounts paid from the land and water
conservation fund, if any, for the original acquisition of those lands by the State or political
subdivision. The Secretary shall not acquire privately owned lands which are held and used for
public recreation uses unless he determines that
such lands are essential to carry out the purposes of this subchapter. Notwithstanding any
other provisions of law, any Federal property located within the boundaries of the park 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 park.
(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 park. Fee title to such improved
properties shall not be acquired unless the Sec1 See

References in Text note below.

§ 460ff–1

TITLE 16—CONSERVATION

retary finds that such lands are being used, or
are threatened with uses, which are detrimental
to the purposes of the park, 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 park, 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 chapters 1 to
11 of title 40 and division C (except sections 3302,
3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41: Provided, That no disposal shall
be for less than the fair market value of the
lands involved.
(e) ‘‘Improved property’’ defined; determination
by Secretary
For the purposes of this subchapter, the term
‘‘improved property’’ means: (i) a detached single family dwelling, the construction of which
was begun before January 1, 1975 (hereafter referred to as ‘‘dwelling’’), together with so much
of the land on which the dwelling is situated,
the said land being in the same ownership as the
dwelling, as the Secretary shall designate to be
reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial
residential use, together with any structures
necessary to the dwelling which are situated on
the land so designated, or (ii) property developed
for agricultural uses, together with any structures accessory thereto which were so used on or
before January 1, 1975. 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, 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 park 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,

Page 670

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 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.
(Pub. L. 93–555, § 2, Dec. 27, 1974, 88 Stat. 1784;
Pub. L. 94–578, title III, § 323(a), Oct. 21, 1976, 90
Stat. 2742; Pub. L. 95–625, title III, § 315(a), (d),
(f), Nov. 10, 1978, 92 Stat. 3483; Pub. L. 96–87, title
IV, § 401(g), Oct. 12, 1979, 93 Stat. 666; Pub. L.
99–606, § 16, Nov. 6, 1986, 100 Stat. 3468; Pub. L.
102–431, § 1, Oct. 23, 1992, 106 Stat. 2211; Pub. L.
103–437, § 6(a)(5), Nov. 2, 1994, 108 Stat. 4583; Pub.
L. 106–291, title I, § 149(b), (c)(2), Oct. 11, 2000, 114
Stat. 956.)
REFERENCES IN TEXT
Section 460ff–4 of this title, referred to in subsec. (b),
was in the original ‘‘section 5 of this Act’’ meaning section 5 of Pub. L. 93–555 which was repealed and section
6 was redesignated section 5 by Pub. L. 106–291, title I,
§ 149(d), Oct. 11, 2000, 114 Stat. 956.
CODIFICATION
In subsec. (d), ‘‘chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41’’ substituted for ‘‘the
Federal Property and Administrative Services Act of
1949, as amended’’ on authority of Pub. L. 107–217, § 5(c),
Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40,
Public Buildings, Property, and Works, and Pub. L.
111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
AMENDMENTS
2000—Pub. L. 106–291, § 149(c)(2), substituted ‘‘the
park’’ for ‘‘the recreation area’’ wherever appearing
and ‘‘The park’’ for ‘‘The recreation area’’ in subsec.
(a).
Subsec. (a). Pub. L. 106–291, § 149(b), substituted ‘‘The
park shall’’ for ‘‘The recreational area shall’’ and ‘‘National Park’’ for ‘‘National Recreation Area’’.
1994—Subsec. (a). Pub. L. 103–437 substituted ‘‘Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House
of Representatives’’ for ‘‘Committees on Interior and
Insular Affairs of the United States Congress’’.
1992—Subsec. (b). Pub. L. 102–431 substituted ‘‘within
the boundaries of the recreation area may be acquired
only by donation or exchange for equal value. In deter-

Page 671

§ 460ff–3

TITLE 16—CONSERVATION

mining the exchange value of lands of the State or any
political subdivision thereof under this subsection, the
Secretary shall not include in the value of those lands
amounts paid from the land and water conservation
fund, if any, for the original acquisition of those lands
by the State or political subdivision’’ for ‘‘may be acquired only by donation’’.
1986—Subsec. (a). Pub. L. 99–606, § 16(1), (2), substituted ‘‘numbered 644–80,054 and dated July 1986’’ for
‘‘numbered 655–90,001–A and dated May 1978’’ and inserted provisions relating to City of Akron Lands on
the map referred to in first sentence offered as donations or privately owned, and revision of such map.
Subsec. (b). Pub. L. 99–606, § 16(3), inserted provisions
prohibiting acquisition of fee title to any lands designated on the map referred to in subsection (a) as
‘‘Scenic Easement Acquisition Areas’’, but acquisition
of only scenic easement with no prohibition on activities unless consented to by owner, if such activity, etc.
would have been permitted under laws of the local government on Apr. 1, 1986.
1979—Subsec. (a). Pub. L. 96–87 substituted ‘‘numbered
655–90,001–A’’ for ‘‘numbered 90,001–A’’.
1978—Subsec. (a). Pub. L. 95–625, § 315(a), (f), substituted reference to Boundary Map ‘‘numbered
90,001–A, and dated May 1978’’ for ‘‘numbered 90,000–A,
and dated September 1976’’ and inserted provision for
land acquisition of the Hydraulic Brick Company and
administration of the property as part of the recreation
area.
Subsec. (e). Pub. L. 95–625, § 315(d), provided for substitution of date ‘‘January 1, 1978’’ for ‘‘January 1,
1975’’ wherever appearing in application of the subsec.
to lands and interests therein added to the recreation
area by action of the Ninety-fifth Congress.
1976—Subsec. (a). Pub. L. 94–578 substituted ‘‘ ‘Boundary Map, Cuyahoga Valley National Recreation Area,
Ohio’, numbered 90,000–A, and dated September 1976’’
for ‘‘ ‘Boundary Map, Cuyahoga Valley National Recreation Area, Ohio’, numbered NRA–CUYA–20,000–A, and
dated December 1974’’.

§ 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 park,
(ii) the lands which he has previously acquired by purchase, donation, exchange, or
transfer for the purpose of this park, and
(iii) the annual acquisition program (including the level of funding) which he recommends
for the ensuing five fiscal years.
(b) Congressional intent for land acquisition
completion
It is the express intent of the Congress that
the Secretary should substantially complete the
land acquisition program contemplated by this
subchapter within six years after December 27,
1974.
(Pub. L. 93–555, § 3, Dec. 27, 1974, 88 Stat. 1786;
Pub. L. 106–291, title I, § 149(c)(2), Oct. 11, 2000,
114 Stat. 956.)
AMENDMENTS
2000—Subsec. (a)(i), (ii). Pub. L. 106–291 substituted
‘‘park’’ for ‘‘recreation area’’.

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.

§ 460ff–3. Administration
(a) Provisions applicable; utilization of authorities for conservation and management of
wildlife and natural resources
The Secretary shall administer the park in accordance with the provisions of sections 1, 2, 3,
and 4 of this title, as amended and supplemented. In the administration of the park, the
Secretary may utilize such statutory authority
available to him for the conservation and management of wildlife and natural resources as he
deems appropriate to carry out the purposes of
this subchapter.
(b) Federal-State cooperative agreements for police and fire protection
The Secretary may enter into cooperative
agreements with the State of Ohio, or any political subdivision thereof, for the rendering, on a
reimbursable basis, of rescue, firefighting, and
law enforcement services and cooperative assistance by nearby law enforcement and fire preventive agencies.
(c) Water resource developments; restoration of
vegetative cover to eliminate erosion
(1) The authority of the Secretary of the Army
to undertake or contribute to water resource development, including erosion control and flood
control, on land or waters within the park 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 park. 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.

§ 460ff–4

TITLE 16—CONSERVATION

(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 park
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 park,
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 park;
(2) aid in preserving the character of the
park 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 park; and
(3) have the effect of providing that the Secretary shall receive notice of any hearing for
the purpose of granting a variance and any
variance granted under, and of any exception
made to, the application of such law or ordinance.
Assistance under this subsection may include
payments for technical aid.
(Pub. L. 93–555, § 4, Dec. 27, 1974, 88 Stat. 1787;
Pub. L. 95–625, title III, § 315(e), Nov. 10, 1978, 92
Stat. 3483; Pub. L. 99–658, title I, § 104(j)(1), Nov.
14, 1986, 100 Stat. 3677; Pub. L. 106–291, title I,
§ 149(c)(2), Oct. 11, 2000, 114 Stat. 956.)
AMENDMENTS
2000—Pub. L. 106–291 substituted ‘‘park’’ for ‘‘recreation area’’ wherever appearing.

Page 672

1986—Subsec. (c). Pub. L. 99–658 designated existing
provision as par. (1) and added par. (2).
1978—Subsec. (f). Pub. L. 95–625 inserted in introductory text ‘‘(or intergovernmental organization)’’ after
‘‘local government’’ in two places, and last sentence
providing that assistance may include payments for
technical aid.
APPROPRIATIONS FOR ROADS
Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 996, as
amended by Pub. L. 106–291, title I, § 149(b), Oct. 11, 2000,
114 Stat. 956, provided in part that: ‘‘appropriations for
maintenance and improvement of roads within the
boundary of the Cuyahoga Valley National Park shall
be available for such purposes without regard to whether title to such road rights-of-way is in the United
States’’.

§ 460ff–4. Repealed. Pub. L. 106–291, title I,
§ 149(d), Oct. 11, 2000, 114 Stat. 956
Section, Pub. L. 93–555, § 5, Dec. 27, 1974, 88 Stat. 1788,
established the Cuyahoga Valley National Recreation
Area Advisory Commission.

§ 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 park, 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 park 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 park consistent with
the objectives of this subchapter, indicating:
(1) the facilities needed to accommodate the
health, safety, and recreation needs of the visiting public;
(2) the location and estimated cost of all facilities; and
(3) the projected need for any additional facilities within the area.
(c) Restoration of vegetative cover to eliminate
erosion
There are hereby authorized to be appropriated not more than $500,000 for fiscal year
1986, $1,000,000 for fiscal year 1987, $1,500,000 for
fiscal year 1988, and $1,750,000 for fiscal year 1989,
to carry out the provisions of section
460ff–3(c)(2) of this title. Any amounts authorized to be appropriated for any fiscal year under
this subsection which are not appropriated for
that fiscal year shall remain available for appropriation in succeeding fiscal years.
(Pub. L. 93–555, § 5, formerly § 6, Dec. 27, 1974, 88
Stat. 1788; Pub. L. 94–578, title III, § 323(b), Oct.
21, 1976, 90 Stat. 2742; Pub. L. 95–625, title III,

Page 673

§ 460gg–1

TITLE 16—CONSERVATION

§ 315(b), (c), Nov. 10, 1978, 92 Stat. 3483; Pub. L.
99–658, title I, § 104(j)(2), Nov. 14, 1986, 100 Stat.
3678; renumbered § 5 and amended Pub. L.
106–291, title I, § 149(c)(2), (d), Oct. 11, 2000, 114
Stat. 956.)
PRIOR PROVISIONS
A prior section 5 of Pub. L. 93–555 was classified to
section 460ff–4 of this title, prior to repeal by Pub. L.
106–291.
AMENDMENTS
2000—Subsec. (b). Pub. L. 106–291, § 149(c)(2), substituted ‘‘park’’ for ‘‘recreation area’’ wherever appearing in introductory provisions.
1986—Subsec. (c). Pub. L. 99–658 added subsec. (c).
1978—Subsec. (a). Pub. L. 95–625, § 315(b), increased appropriations
authorization
to
$70,100,000
from
$41,100,000.
Subsec. (b). Pub. L. 95–625, § 315(c), substituted ‘‘For
the development of the recreation area, including improvements of properties acquired for purposes of this
subchapter, there is authorized to be appropriated not
more than $13,000,000’’ for ‘‘For the development of essential public facilities there are authorized to be appropriated not more than $500,000’’.
1976—Subsec. (a). Pub. L. 94–578 substituted
‘‘$41,100,000’’ for ‘‘$34,500,000’’.
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.
EXPENDITURE OF FUNDS TO COMMENCE OCTOBER 1, 1977
Section 323(c) of Pub. L. 94–578 provided that: ‘‘No
funds authorized by this section [amending sections
460ff–1(a) and 460ff–5 of this title] in excess of those
sums previously authorized by the Act of December 27,
1974, [this section as originally enacted], shall be available for expenditure before October 1, 1977.’’

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 section 460gg–5(d) of this title, shall comprise
the lands and waters generally depicted on the
map entitled ‘‘Hells Canyon National Recreation
Area’’ dated May 1978, which shall be on file and
available for public inspection in the office of
the Chief, Forest Service, United States Department of Agriculture. The Secretary of Agriculture (hereinafter referred to as ‘‘the Secretary’’), shall, as soon as practicable, but no
later than eighteen months after December 31,
1975, publish a detailed boundary description of
the recreation area, the wilderness study areas
designated in section 460gg–5(d) of this title, and
the wilderness established in section 460gg–1 of
this title in the Federal Register.
(Pub. L. 94–199, § 1, Dec. 31, 1975, 89 Stat. 1117;
Pub. L. 95–625, title VI, § 607, Nov. 10, 1978, 92
Stat. 3520.)
REFERENCES IN TEXT
Section 3 of this Act, referred to in subsec. (b), is section 3 of Pub. L. 94–199. Subsec. (a) of section 3 added
pars. (11) and (12) of section 1274(a) of this title, relating
to components of the national wild and scenic rivers
system. Subsec. (b) of section 3, relating to the administration of those segments of the Snake and Rapid
Rivers designated as wild or scenic river areas, is set
out as a note under section 1274 of this title.
AMENDMENTS
1978—Subsec. (b). Pub. L. 95–625 substituted ‘‘May
1978’’ for ‘‘September 1975’’ to clarify that the boundary
between Saulsberry and Freezeout Saddles is the hydrologic divide.
SEPARABILITY
Section 17 of Pub. L. 94–199 provided that: ‘‘If any provision of this Act [this subchapter] is declared to be invalid, such declaration shall not affect the validity of
any other provision hereof.’’

§ 460gg–1. Wilderness designation
(a) Map designation
The lands depicted as the ‘‘Hells Canyon Wilderness’’ on the map referred to in section
460gg(b) of this title are hereby designated as
wilderness.
(b) Application of Wilderness Act
The wilderness designated by this subchapter
shall be administered by the Secretary in accordance with the provisions of this subchapter
or in accordance with the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.], whichever is
the more restrictive, except that any reference
in such provisions of the Wilderness Act to the
effective date of that Act shall be deemed to be
a reference to the effective date of this subchapter. The provisions of section 460gg–6(b) and
section 460gg–8 of this title shall apply to the
wilderness. The Secretary shall make such
boundary revisions to the wilderness as may be
necessary due to the exercise of his authority
under subsection 3(b) of this Act.
(Pub. L. 94–199, § 2, Dec. 31, 1975, 89 Stat. 1117.)
REFERENCES IN TEXT
This subchapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, which is Pub. L. 94–199, Dec. 31,
1975, 89 Stat. 1117, which enacted sections 460gg to
460gg–13 of this title, amended sections 1274 and 1276 of

§ 460gg–2

TITLE 16—CONSERVATION

this title, and enacted provisions set out as notes under
sections 460gg and 1274 of this title.
The Wilderness Act, referred to in subsec. (b), is Pub.
L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which
is classified generally to chapter 23 (§ 1131 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1131 of
this title and Tables.
The effective date of the Wilderness Act, referred to
in subsec. (b), means Sept. 3, 1964, the date of enactment of Pub. L. 88–577, which enacted chapter 23 of this
title.
The effective date of this subchapter, referred to in
subsec. (b), means Dec. 31, 1975, the date of enactment
of Pub. L. 94–199.
Subsection 3(b) of this Act, referred to in subsec. (b),
is subsec. 3(b) of Pub. L. 94–199, which is set out as a
note under section 1274 of this title.

§ 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 (41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), within the recreation
area: Provided, That the provisions of the Federal Power Act (41 Stat. 1063) shall continue to
apply to any project (as defined in such Act),
and all of the facilities and improvements required or used in connection with the operation
and maintenance of said project, in existence
within the recreation area which project is already constructed or under construction on December 31, 1975.
(b) Assistance detrimental to protected waters
No department or agency of the United States
may assist by loan, grant, license, or otherwise
the construction of any water resource facility
within the recreation area which the Secretary
determines would have a direct and adverse effect on the values for which the waters of the
area are protected.
(Pub. L. 94–199, § 4, Dec. 31, 1975, 89 Stat. 1118;
Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977,
91 Stat. 583.)
REFERENCES IN TEXT
The Federal Power Act, referred to in subsec. (a), is
act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
which is classified generally to chapter 12 (§ 791a et
seq.) of this title. For complete classification of this
Act to the Code, see section 791a of this title and
Tables.
TRANSFER OF FUNCTIONS
‘‘Federal Energy Regulatory Commission’’ substituted for ‘‘Federal Power Commission’’ in subsec. (a)
pursuant to Pub. L. 95–91, § 402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title 42, The Public
Health and Welfare.
Federal Power Commission terminated and functions
with regard to licenses and permits for dams, reservoirs, or other works for development and improvement of navigation and for development and utilization
of power across, along, from, or in navigable waters
under part I of Federal Power Act (16 U.S.C. 792 et seq.)
transferred to Federal Energy Regulatory Commission
by sections 7172(a)(1)(A) and 7293 of Title 42.

Page 674

§ 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
[16 U.S.C. 1271 et seq.], nor of this subchapter,
nor any guidelines, rules, or regulations issued
hereunder, shall in any way limit, restrict, or
conflict with present and future use of the waters of the Snake River and its tributaries upstream from the boundaries of the Hells Canyon
National Recreation Area created hereby, for
beneficial uses, whether consumptive or nonconsumptive, now or hereafter existing, including, but not limited to, domestic, municipal,
stockwater, irrigation, mining, power, or industrial uses.
(b) Flow requirements
No flow requirements of any kind may be imposed on the waters of the Snake River below
Hells Canyon Dam under the provisions of the
Wild and Scenic Rivers Act [16 U.S.C. 1271 et
seq.], of this subchapter, or any guidelines,
rules, or regulations adopted pursuant thereto.
(Pub. L. 94–199, § 6, Dec. 31, 1975, 89 Stat. 1118.)
REFERENCES IN TEXT
The Wild and Scenic Rivers Act, referred to in text,
is Pub. L. 90–542, Oct. 2, 1968, 82 Stat. 906, as amended,
which is classified generally to chapter 28 (§ 1271 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
1271 of this title and Tables.

§ 460gg–4. Administration, protection, and development
Except as otherwise provided in section
460gg–1 of this title and section 3 of this Act, and
subject to the provisions of section 460gg–7 of
this title, the Secretary shall administer the
recreation area in accordance with the laws,
rules, and regulations applicable to the national
forests for public outdoor recreation in a manner compatible with the following objectives:
(1) the maintenance and protection of the
freeflowing nature of the rivers within the
recreation area;
(2) conservation of scenic, wilderness, cultural, scientific, and other values contributing
to the public benefit;
(3) preservation, especially in the area generally known as Hells Canyon, of all features
and peculiarities believed to be biologically
unique including, but not limited to, rare and
endemic plant species, rare combinations of
aquatic, terrestrial, and atmospheric habitats,
and the rare combinations of outstanding and
diverse ecosystems and parts of ecosystems associated therewith;
(4) protection and maintenance of fish and
wildlife habitat;
(5) protection of archeological and paleontologic sites and interpretation of these sites for
the public benefit and knowledge insofar as it
is compatible with protection;
(6) preservation and restoration of historic
sites associated with and typifying the economic and social history of the region and the
American West; and
(7) such management, utilization, and disposal of natural resources on federally owned

Page 675

§ 460gg–6

TITLE 16—CONSERVATION

lands, including, but not limited to, timber
harvesting by selective cutting, mining, and
grazing and the continuation of such existing
uses and developments as are compatible with
the provisions of this subchapter.
(Pub. L. 94–199, § 7, Dec. 31, 1975, 89 Stat. 1118.)
REFERENCES IN TEXT
Section 3 of this Act, referred to in text, is section 3
of Pub. L. 94–199. Subsec. (a) of section 3 added pars. (11)
and (12) of section 1274(a) of this title, relating to components of the national wild and scenic rivers system.
Subsec. (b) of section 3, relating to the administration
of those segments of the Snake and Rapid Rivers designated as wild or scenic river areas, is set out as a
note under section 1274 of this title.

§ 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 section 460gg of this title as the
‘‘Lord Flat-Somers Point Plateau Wilderness
Study Area’’, and the ‘‘West Side Reservoir Face
Wilderness Study Area’’, and the ‘‘Mountain
Sheep Wilderness Study Area’’ and report his
findings to the President. The Secretary shall
complete his review and the President shall,
within five years from December 31, 1975, advise
the United States Senate and House of Rep-

resentatives of his recommendations with respect to the designation of lands within such
area as wilderness. In conducting his review the
Secretary shall comply with the provisions of
section 1132(d) of this title and shall give public
notice at least sixty days in advance of any
hearings or other public meeting concerning the
wilderness study area. The Secretary shall administer all Federal lands within the study
areas so as not to preclude their possible future
designation by the Congress as wilderness. Nothing contained herein shall limit the President in
proposing, as part of this recommendation to
Congress, the designation as wilderness of any
additional area within the recreation area which
is predominately of wilderness value.
(e) Public participation in reviews and preparation of plan; cooperation of other Federal
agencies
In conducting the reviews and preparing the
comprehensive management plan required by
this section, the Secretary shall provide for full
public participation and shall consider the views
of all interested agencies, organizations, and individuals including but not limited to, the Nez
Perce Tribe of Indians, and the States of Idaho,
Oregon, and Washington. The Secretaries or Directors of all Federal departments, agencies, and
commissions having a relevant expertise are
hereby authorized and directed to cooperate
with the Secretary in his review and to make
such studies as the Secretary may request on a
cost reimbursable basis.
(f) Continuation of ongoing activities
Such activities as are compatible with the
provisions of this subchapter, but not limited to,
timber harvesting by selective cutting, mining,
and grazing may continue during development
of the comprehensive management plan, at current levels of activity and in areas of such activity on December 31, 1975. Further, in development of the management plan, the Secretary
shall give full consideration to continuation of
these ongoing activities in their respective
areas.
(Pub. L. 94–199, § 8, Dec. 31, 1975, 89 Stat. 1119.)
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.

§ 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.

§ 460gg–7

TITLE 16—CONSERVATION

(b) Acquisition without consent of owners; limitations; scenic easements
The Secretary is further authorized to acquire
by purchase with donated or appropriated funds
such lands or interests in lands without the consent of the owner only if (1) he deems that all
reasonable efforts to acquire such lands or interests therein by negotiation have failed, and (2)
the total acreage of all other lands within the
recreation area to which he has acquired fee
simple title or, lesser interests therein without
the consent of the owner is less than 5 per centum of the total acreage which is privately
owned within the recreation area on December
31, 1975: Provided, That the Secretary may acquire scenic easements in lands without the consent of the owner and without restriction to
such 5 per centum limitation: Provided further,
That the Secretary may only acquire scenic
easements in lands without the consent of the
owner after the date of publication of the regulations required by section 460gg–7 of this title
when he determines that such lands are being
used, or are in imminent danger of being used,
in a manner incompatible with such regulations.
(c) Donation of Oregon land; donation or exchange of Idaho land
Any land or interest in land owned by the
State of Oregon or any of its political subdivisions may be acquired only by donation. Any
land or interest in land owned by the State of
Idaho or any of its political subdivisions may be
acquired only by donation or exchange.
(d) ‘‘Scenic easement’’ defined
As used in this subchapter the term ‘‘scenic
easement’’ means the right to control the use of
land in order to protect esthetic values for the
purposes of this subchapter, but shall not preclude the continuation of any farming or pastoral use exercised by the owner as of December
31, 1975.
(e) Offers to sell land; hardship from delay
The Secretary shall give prompt and careful
consideration to any offer made by a person
owning land within the recreation area to sell
such land to the United States. The Secretary
shall specifically consider any hardship to such
person which might result from an undue delay
in acquiring his property.
(f) Exchange of land; equalization payments
In exercising his authority to acquire property
by exchange, the Secretary may accept title to
any non-Federal property, or interests therein,
located within the recreation area and, notwithstanding any other provision of law, he may convey in exchange therefor any federally owned
property within the same State which he classifies as suitable for exchange and which is under
his administrative jurisdiction: Provided, That
the values of the properties so exchanged shall
be approximately equal, or if they are not approximately equal, they shall be equalized by
the payment of cash to the grantor or to the
United States as the circumstances require. In
the exercise of his exchange authority, the Secretary may utilize authorities and procedures
available to him in connection with exchanges
of national forest lands.

Page 676

(g) Acquisition of mineral interests
Notwithstanding any other provision of law,
the Secretary is authorized to acquire mineral
interests in lands within the recreation area,
with or without the consent of the owner. Upon
acquisition of any such interest, the lands and/
or minerals covered by such interest are by this
subchapter withdrawn from entry or appropriation under the United States mining laws and
from disposition under all laws pertaining to
mineral leasing and all amendments thereto.
(h) Transfer of Federal property to Secretary
Notwithstanding any other provision of law,
any Federal property located within the recreation area may, with the concurrence of the
agency having custody thereof, be transferred
without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the purposes of this subchapter. Lands
acquired by the Secretary or transferred to his
administrative jurisdiction within the recreation area shall become parts of the national
forest within or adjacent to which they are located.
(Pub. L. 94–199, § 9, Dec. 31, 1975, 89 Stat. 1120.)
§ 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 section 460gg–6 of this title, and which
may differ among the various parcels of land
within the recreation area;
(b) standards and guidelines to insure the
full protection and preservation of the historic, archeological, and paleontological resources in the recreation area;
(c) provision for the control of the use of motorized and mechanical equipment for transportation over, or alteration of, the surface of
any Federal land within the recreation area;
(d) provision for the control of the use and
number of motorized and nonmotorized river
craft: Provided, That the use of such craft is
hereby recognized as a valid use of the Snake
River within the recreation area; and
(e) standards for such management, utilization, and disposal of natural resources on federally owned lands, including but not limited
to, timber harvesting by selective cutting,
mining, and grazing and the continuation of
such existing uses and developments as are
compatible with the provisions of this subchapter.
(Pub. L. 94–199, § 10, Dec. 31, 1975, 89 Stat. 1121.)
§ 460gg–8. Lands withdrawn from location, entry,
and patent under United States mining laws
Notwithstanding the provisions of section
1133(d)(2) of this title and subject to valid existing rights, all Federal lands located in the recre-

Page 677

§ 460hh–1

TITLE 16—CONSERVATION

ation area are hereby withdrawn from all forms
of location, entry, and patent under the mining
laws of the United States, and from disposition
under all laws pertaining to mineral leasing and
all amendments thereto.
(Pub. L. 94–199, § 11, Dec. 31, 1975, 89 Stat. 1122.)
REFERENCES IN TEXT
The mining laws of the United States, referred to in
text, are classified generally to Title 30, Mineral Lands
and Mining.

§ 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.
(Pub. L. 94–199, § 12, Dec. 31, 1975, 89 Stat. 1122.)
§ 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.
(Pub. L. 94–199, § 13, Dec. 31, 1975, 89 Stat. 1122.)
§ 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.
(Pub. L. 94–199, § 14, Dec. 31, 1975, 89 Stat. 1122.)
§ 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.

quisition of lands and interests in lands within
the recreation area.
(b) Development of recreation facilities
There is hereby authorized to be appropriated
the sum of not more than $10,000,000 for the development of recreation facilities within the
recreation area.
(c) Inventory, identification, development and
protection of historic and archeological sites
There is hereby authorized to be appropriated
the sum of not more than $1,500,000 for the inventory, identification, development, and protection of the historic and archeological sites
described in section 5 of this Act.
(Pub. L. 94–199, § 16, Dec. 31, 1975, 89 Stat. 1122.)
REFERENCES IN TEXT
Section 5 of this Act, referred to in subsec. (c), is section 5 of Pub. L. 94–199. Subsec. (a) of section 5 added
par. (57) to section 1276(a) of this title, relating to the
designation of the Snake River for potential addition
to the national wildlife and scenic rivers system. Subsec. (b) of section 5, relating to the deauthorization of
the Asotin Dam, was not classified to the Code.

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.
(Pub. L. 94–235, § 1, Mar. 17, 1976, 90 Stat. 235.)
CHICKASAW NATIONAL RECREATION AREA LAND
EXCHANGE

(Pub. L. 94–199, § 15, Dec. 31, 1975, 89 Stat. 1122.)

Pub. L. 108–389, Oct. 30, 2004, 118 Stat. 2239, known as
the Chickasaw National Recreation Area Land Exchange Act of 2004, provided for the facilitation of a
land exchange among the National Park Service, the
Chickasaw Nation, and the City of Sulphur, Oklahoma,
for the construction of the Chickasaw Nation Cultural
Center within the Chickasaw National Recreation
Area.

§ 460gg–13. Authorization of appropriations

§ 460hh–1. Acquisition of property

(a) Acquisition of lands
There is hereby authorized to be appropriated
the sum of not more than $10,000,000 for the ac-

(a) Authority of Secretary; manner of acquisition
The Secretary may acquire land or interests
in lands within the boundaries of the recreation

§ 460hh–2

TITLE 16—CONSERVATION

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 chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509,
3906, 4710, and 4711) of subtitle I of title 41. Any
Federal property located within the boundaries
of the recreation area may be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of the
recreation area. Lands within the boundaries of
the recreation area owned by the State of Oklahoma, or any political subdivision thereof, may
be acquired only by donation: Provided, That the
Secretary may also acquire lands by exchange
with the city of Sulphur, utilizing therefor only
such lands as may be excluded from the recreation area which were formerly within the Platt
National Park.
(b) Acquisition of improved residential property;
retention by owners of right of use and occupancy for noncommercial residential purposes; terms; payment of fair market value
With respect to improved residential property
acquired for the purposes of this subchapter,
which is beneficially owned by a natural person
and which the Secretary determines can be continued in that use for a limited period of time
without undue interference with the administration, development, or public use of the recreation area, the owner thereof may on the date of
its acquisition by the Secretary retain a right of
use and occupancy of the property for noncommercial residential purposes for a term, as
the owner may elect, ending either (1) at the
death of the owner or his spouse, whichever occurs later, or (2) not more than twenty-five
years from the date of acquisition. Any right so
retained may, during its existence, be transferred or assigned. The Secretary shall pay to
the owner the fair market value of the property
on the date of such acquisition, less the fair
market value on such date of the right retained
by the owner.
(c) ‘‘Improved residential property’’ defined; determination by Secretary
As used in this subchapter, ‘‘improved residential property’’ means a single-family year-round
dwelling, the construction of which began before
March 1, 1975, and which serves as the owner’s
permanent place of abode at the time of its acquisition by the United States, together with
not more than three acres of land on which the
dwelling and appurtenant buildings are located
that the Secretary finds is reasonably necessary
for the owner’s continued use and occupancy of
the dwelling: Provided, That the Secretary may
exclude from improved residential property any
waters and adjoining land that the Secretary
deems is necessary for public access to such waters.

Page 678

(d) Termination of right of use and occupancy;
determination by Secretary
The Secretary may terminate a right to use
and occupancy retained pursuant to this section
upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of this subchapter, and
upon tender to the holder of the right an
amount equal to the fair market value of that
portion of the right which remains unexpired on
the date of termination.
(Pub. L. 94–235, § 2, Mar. 17, 1976, 90 Stat. 235.)
CODIFICATION
In subsec. (a), ‘‘chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41’’ substituted for ‘‘the
Federal Property and Administrative Services Act of
1949 (63 Stat. 377), as amended’’ on authority of Pub. L.
107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works,
and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854,
which Act enacted Title 41, Public Contracts.

§ 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.
(Pub. L. 94–235, § 3, Mar. 17, 1976, 90 Stat. 236.)
§ 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 sections 1, 2, 3, and 4 of this title, as
amended and supplemented.
(b) Nothing contained in this subchapter shall
affect or interfere with the authority of the Secretary by the Act of August 24, 1962 (76 Stat. 395)
[43 U.S.C. 616k et seq.], to operate the Arbuckle
Dam and Reservoir in accordance with and for
the purposes set forth in that Act.
(Pub. L. 94–235, § 4, Mar. 17, 1976, 90 Stat. 236.)
REFERENCES IN TEXT
Act of August 24, 1962, referred to in subsec. (b), is
Pub. L. 87–594, Aug. 24, 1962, 76 Stat. 395, which was
classified to subchapter XL (§ 616k et seq.) of chapter 12
of Title 43, Public Lands, and which was omitted from
the Code because of limited applicability.

§ 460hh–4. Platt National Park designation repealed; incorporation of areas into Chickasaw National Recreation Area
The Act of June 29, 1906 (34 Stat. 837), which
directed that certain lands now included by this
subchapter in the recreation area be designated

Page 679

§ 460ii

TITLE 16—CONSERVATION

as the Platt National Park, is hereby repealed,
and such lands shall hereafter be considered and
known as an integral part of the Chickasaw National Recreation Area: Provided, That within
such area the Secretary may cause to be erected
suitable markers or plaques to honor the memory of Orville Hitchcock Platt and to commemorate the original establishment of Platt National Park.
(Pub. L. 94–235, § 5, Mar. 17, 1976, 90 Stat. 236.)
REFERENCES IN TEXT
Act of June 29, 1906, referred to in text, is act June
29, 1906, No. 42, 34 Stat. 837, which was classified to sections 151, 152, and 153 of this title, and was repealed by
Pub. L. 94–235, § 5, Mar. 17, 1976, 90 Stat. 236.

§ 460hh–5. Concurrent legislative jurisdiction
with State of Oklahoma; requisites; notice in
Federal Register
Notwithstanding the provisions of section 153
of this title, which retain exclusive jurisdiction
in the United States, upon notification in writing to the Secretary by the appropriate State officials of the acceptance by the State of Oklahoma of concurrent legislative jurisdiction over
the lands formerly within the Platt National
Park, the Secretary shall publish a notice to
that effect in the Federal Register and, upon
such publication, concurrent legislative jurisdiction over such lands is hereby ceded to the
State of Oklahoma: Provided, That such cession
of jurisdiction shall not occur until a written
agreement has been reached between the State
of Oklahoma and the Secretary providing for the
exercise of concurrent jurisdiction over all other
lands and waters within the Chickasaw National
Recreation Area.
(Pub. L. 94–235, § 6, Mar. 17, 1976, 90 Stat. 236.)
§ 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.
(Pub. L. 94–235, § 7, Mar. 17, 1976, 90 Stat. 237.)
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-eightmile 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, and on the maps entitled ‘‘Chattahoochee River National Recreation Area Interim Boundary Map #1’’, ‘‘Chattahoochee River
National Recreation Area Interim Boundary
Map #2’’, and ‘‘Chattahoochee River National
Recreation Area Interim Boundary Map #3’’, and
dated August 6, 1998, which shall be on file and
available for public inspection in the office of
the National Park Service, Department of the
Interior. No sooner than 180 days after December
9, 1999, the Secretary of the Interior (hereafter
referred to as the ‘‘Secretary’’) may modify the
boundaries of the recreation area to include
other land within the Chattahoochee River corridor by submitting a revised map or other
boundary description to the Committee on Energy and Natural Resources of the United States
Senate and the Committee on Resources of the
United States House of Representatives. The revised map or other boundary description shall be
prepared by the Secretary after consultation
with affected landowners, the State of Georgia,
and affected political subdivisions of the State.
The revised boundaries shall take effect 180 days
after the date of submission unless, within the
180-day period, Congress enacts a joint resolution disapproving the revised boundaries. The
total area, exclusive of the river and its bed,
within the recreation area may not exceed 10,000
acres. For purposes of facilitating Federal technical and other support to State and local governments to assist State and local efforts to protect the scenic, recreational, and natural values
of a 2,000 foot wide corridor adjacent to each
bank of the Chattahoochee River and its impoundments in the 48-mile segment referred to
above, such corridor is hereby declared to be an
area of national concern.
(Pub. L. 95–344, title I, § 101, Aug. 15, 1978, 92
Stat. 474; Pub. L. 98–568, § 1(a), (b), Oct. 30, 1984,
98 Stat. 2928; Pub. L. 103–437, § 6(d)(18), Nov. 2,
1994, 108 Stat. 4584; Pub. L. 106–154, § 2(a), Dec. 9,
1999, 113 Stat. 1737.)
AMENDMENTS
1999—Pub. L. 106–154, § 2(a)(3), substituted ‘‘may not
exceed 10,000 acres’’ for ‘‘may not exceed approximately
6,800 acres’’ in penultimate sentence.
Pub. L. 106–154, § 2(a)(2), inserted fourth sentence and
struck out former fourth sentence which read as follows: ‘‘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.’’
Pub. L. 106–154, § 2(a)(1), in third sentence, inserted
‘‘and on the maps entitled ‘Chattahoochee River National Recreation Area Interim Boundary Map #1’,
‘Chattahoochee River National Recreation Area Interim Boundary Map #2’, and ‘Chattahoochee River Na-

§ 460ii–1

TITLE 16—CONSERVATION

tional Recreation Area Interim Boundary Map #3’, and
dated August 6, 1998,’’ after ‘‘numbered CHAT–20,003,
and dated September 1984,’’.
1994—Pub. L. 103–437 substituted ‘‘Natural Resources’’
for ‘‘Interior and Insular Affairs’’ after ‘‘Committee
on’’.
1984—Pub. L. 98–568 substituted ‘‘CHAT–20,003, and
dated September 1984’’ for ‘‘CHAT–20,000, and dated
July 1976’’ and ‘‘approximately 6,800 acres’’ for ‘‘six
thousand three hundred acres’’ and inserted provision
declaring the corridor area to be an area of national
concern.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
FINDINGS AND PURPOSE
Pub. L. 106–154, § 1, Dec. 9, 1999, 106 Stat. 1736, provided
that:
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) the Chattahoochee River National Recreation
Area in the State of Georgia is a nationally significant resource;
‘‘(2) the Chattahoochee River National Recreation
Area has been adversely affected by land use changes
occurring inside and outside the recreation area;
‘‘(3) the population of the metropolitan Atlanta
area continues to expand northward, leaving dwindling opportunities to protect the scenic, recreational, natural, and historical values of the 2,000foot-wide corridor adjacent to each bank of the Chattahoochee River and its impoundments in the 48-mile
segment known as the ‘area of national concern’;
‘‘(4) the State of Georgia has enacted the Metropolitan River Protection Act to ensure protection of the
corridor located within 2,000 feet of each bank of the
Chattahoochee River, or the corridor located within
the 100-year floodplain, whichever is larger;
‘‘(5) the corridor located within the 100-year floodplain includes the area of national concern;
‘‘(6) since establishment of the Chattahoochee
River National Recreation Area, visitor use of the
recreation area has shifted dramatically from waterborne to water-related and land-based activities;
‘‘(7) the State of Georgia and political subdivisions
of the State along the Chattahoochee River have indicated willingness to join in a cooperative effort
with the United States to link existing units of the
recreation area through a series of linear corridors to
be established within the area of national concern
and elsewhere on the river; and
‘‘(8) if Congress appropriates funds in support of the
cooperative effort described in paragraph (7), funding
from the State, political subdivisions of the State,
private foundations, corporate entities, private individuals, and other sources will be available to fund
more than half the estimated cost of the cooperative
effort.
‘‘(b) PURPOSES.—The purposes of this Act [amending
this section and sections 460ii–1 to 460ii–5 of this title]
are—
‘‘(1) to increase the level of protection of the open
spaces within the area of national concern along the
Chattahoochee River and to enhance visitor enjoyment of the open spaces by adding land-based linear
corridors to link existing units of the recreation area;
‘‘(2) to ensure that the Chattahoochee River National Recreation Area is managed to standardize acquisition, planning, design, construction, and operation of the linear corridors; and
‘‘(3) to authorize the appropriation of Federal funds
to cover a portion of the costs of the Federal, State,
local, and private cooperative effort to add additional
areas to the recreation area so as to establish a series
of linear corridors linking existing units of the recreation area and to protect other open spaces of the
Chattahoochee River corridor.’’

Page 680

COMPLIANCE WITH CONGRESSIONAL BUDGET ACT
Section 2 of Pub. L. 98–568 provided that: ‘‘Any provision of any amendment made by this Act [enacting section 460ii–5 of this title and amending this section and
sections 460ii–1, 460ii–3, and 460ii–4 of this title] which,
directly or indirectly, authorizes the enactment of new
budget authority described in section 402(a) of the Congressional Budget Act of 1974 [2 U.S.C. 652(a)] shall be
effective only for fiscal years beginning after September 30, 1984.’’

§ 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 from willing
sellers 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 chapters 1 to 11 of title 40
and division C (except sections 3302, 3307(e),
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of
title 41.
(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 appro-

Page 681

§ 460ii–2

TITLE 16—CONSERVATION

priate to assure the use of the property in accordance with the purposes of this subchapter.
Upon his determination that the property, or
any portion thereof, has ceased to be so used in
accordance with such terms and conditions, the
Secretary may terminate the right of use and
occupancy by tendering to the holder of such
right an amount equal to the fair market value,
as of the date of the tender, of that portion of
the right which remains unexpired on the date
of termination.
(e) ‘‘Improved property’’ defined
As used in this section, the term ‘‘improved
property’’ means a detached, year-round noncommercial residential dwelling, the construction of which was begun before January 1, 1975,
together with so much of the land on which the
dwelling is situated, the said land being in the
same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the
sole purpose of noncommercial residential use,
together with any structures accessory to the
dwelling which are situated on the land so designated.
(Pub. L. 95–344, title I, § 102, Aug. 15, 1978, 92
Stat. 474; Pub. L. 98–568, § 1(c), Oct. 30, 1984, 98
Stat. 2928; Pub. L. 106–154, § 2(b), (e)(1), Dec. 9,
1999, 113 Stat. 1737, 1738.)
CODIFICATION
In subsec. (b), ‘‘chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41’’ substituted for ‘‘the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.)’’ on authority of Pub. L.
107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works,
and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854,
which Act enacted Title 41, Public Contracts.
AMENDMENTS
1999—Subsec. (a). Pub. L. 106–154, § 2(b)(1), inserted
‘‘from willing sellers’’ after ‘‘purchase’’.
Subsec. (d). Pub. L. 106–154, § 2(e)(1), substituted ‘‘this
subchapter’’ for ‘‘this subchapter and chapter 43 of this
title’’.
Subsec. (f). Pub. L. 106–154, § 2(b)(2), struck out subsec. (f) which read as follows:
‘‘(f)(1) The Secretary shall exchange those federally
owned lands identified on the map referenced in section
460ii of this title as ‘exchange lands’ for non-Federal
lands which are within the boundaries of the recreation
area. The values of the lands exchanged under this subsection shall be equal, or shall be equalized in the same
manner as provided in section 1716 of title 43.
‘‘(2) At three year intervals after October 30, 1984, the
Secretary shall publish in the Federal Register a
progress report on the land exchanges which have
taken place and the exchanges which are likely to take
place under the authority of this subsection. Such report shall identify the lands which are unsuitable for
exchange pursuant to such authority.
‘‘(3) Effective on the date ten years after October 30,
1984, the exchange authority of paragraph (1) shall terminate. The exchange lands identified under paragraph
(1) which have not been exchanged prior to such date
shall be retained in Federal ownership as a part of the
recreation area.
‘‘(4) The Secretary shall publish a revision of the
boundary map referred to in section 460ii of this title to
exclude from the boundaries of the recreation area any
exchange lands which are used to acquire non-Federal
lands under paragraph (3).’’

1984—Subsec. (f). Pub. L. 98–568 added subsec. (f).

§ 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
sections 1, 2, 3, and 4 of this title, and in accordance with any other statutory authorities available to him for the conservation and management of historic and natural resources, including fish and wildlife, to the extent he finds such
authority will further the purposes of this subchapter. In developing and administering the
recreation area, the Secretary shall take into
consideration applicable Federal, State, and
local recreation plans and resource use and development plans, including, but not limited to,
the Atlanta Regional Commission Chattahoochee Corridor Study, dated July 1972.
(b) Cooperative agreements
The Secretary may enter into cooperative
agreements with the State of Georgia, political
subdivisions of the State, and other entities to
ensure standardized acquisition, planning, design, construction, and operation of the recreation area.
(c) Consultation with Secretary of Army
In planning for the development and public
use of the recreation area, the Secretary shall
consult with the Secretary of the Army to assure that public use of adjacent or related water
resource development or flood control projects
and that of the recreation area are complementary.
(d) Establishment, regulations governing, etc., of
fishing zones
In administering the recreation area, the Secretary may permit fishing in waters under his
jurisdiction in accordance with applicable State
and Federal laws and regulations. The Secretary, after consultation with the appropriate
State agency responsible for fishing activities,
may designate zones where, and establish periods when, fishing shall be permitted and issue
such regulations as he may determine to be necessary to carry out the provisions of this subsection. Except in emergencies, such regulations
shall be put into effect only after consultation
with the appropriate State agency.
(Pub. L. 95–344, title I, § 103, Aug. 15, 1978, 92
Stat. 475; Pub. L. 106–154, § 2(c), (e)(1), Dec. 9,
1999, 113 Stat. 1737, 1738.)
AMENDMENTS
1999—Subsec. (a). Pub. L. 106–154, § 2(e)(1), substituted
‘‘of this subchapter’’ for ‘‘of this subchapter and chapter 43 of this title’’.
Subsec. (b). Pub. L. 106–154, § 2(c), added subsec. (b)
and struck out former subsec. (b) which read as follows:
‘‘The Secretary is authorized and encouraged to enter
into cooperative agreements with the State or its political subdivisions whereby he may assist in the planning
for and interpretation of non-Federal publicly owned
lands within or adjacent or related to the recreation
area to assure that such lands are used in a manner
consistent with the findings and purposes of this subchapter and chapter 43 of this title.’’

§ 460ii–3

TITLE 16—CONSERVATION

§ 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 (16 U.S.C. 791a et seq.), on or
directly affecting the recreation area, and no department or agency of the United States shall
assist by loan, grant, license, or otherwise in the
construction of any water resources project that
would have a direct and adverse effect on the
values for which such area is established, except
where such project is determined by the State of
Georgia to be necessary for water supply or
water quality enhancement purposes and authorized by the United States Congress. Nothing
contained in the foregoing sentence, however,
shall preclude licensing of, or assistance to, developments upstream or downstream from the
recreation area or on any stream tributary
thereto which will not invade the recreation
area or unreasonably diminish the scenic, recreational, and fish and wildlife values present
therein on August 15, 1978. Nothing contained in
this subsection shall preclude the upgrading, improvement, expansion or development of facilities or public works for water supply or water
quality enhancement purposes if such action
would not have a material adverse effect on the
values for which the recreation area is established.
(b) Limitations on recommending authorizations
and requesting appropriations; applicability
of local considerations and criteria
No department or agency of the United States
shall recommend authorization of any water resources project that would have a direct and adverse effect on the values for which such area is
established, as determined by the Secretary, nor
shall such department or agency request appropriations to begin construction of any such
project, whether heretofore or hereafter authorized, without at least sixty days in advance, (1)
advising the Secretary in writing of its intention to do so and (2) reporting to the Committee
on 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 or
would affect the recreation area and the values
to be protected by it under this subchapter. It is
not the intention of Congress by this subchapter
to require the manipulation or reduction of lake
water levels in Lake Sidney Lanier. Nothing in
this subchapter shall be construed in any way to
restrict, prohibit, or affect any recommendation
of the Metropolitan Atlanta Water Resources
Study as authorized by the Public Works Committee of the United States Senate on March 2,
1972.

Page 682

(c) Expeditious acquisition of lands and interests
in lands necessary for establishment, etc., of
area
The Secretary is directed to proceed as expeditiously as possible to acquire the lands and interests in lands necessary to achieve the purposes of this subchapter and chapter 43 of this
title.
(d) Mitigation funds for adverse impacts; excepted lands; limitation of amount; replacement lands
(1) Notwithstanding any other authority of
law, any department, agency, or instrumentality of the United States or of the State of Georgia, or any other entity which may construct
any project recommended in the study entitled
‘‘Metropolitan Atlanta Water Resources Management Study, Georgia: Report of Chief of Engineers,’’ dated June 1, 1982, which directly adversely impacts any lands within the authorized
recreation boundaries of the Bowman’s Island
tract as shown on the map numbered and dated
CHAT–20,003, September 1984, which were in Federal ownership as of September 1, 1984, shall,
upon request by the Secretary, mitigate such
adverse impacts. It is expressly provided that
use of or adverse impact upon any other lands
within the recreation area as result of any such
project shall not require mitigation. Mitigation
required by this paragraph shall be provided by
payment to the United States of a sum not to
exceed $3,200,000. The mitigation funds paid pursuant to this paragraph shall be utilized by the
Secretary for the acquisition of replacement
lands. Such replacement lands shall be acquired
only after consultation with the Governor of
Georgia.
(2) In acquiring replacement lands under paragraph (1) priority shall be given to acquisition of
lands within the recreation area boundary and
those lands within or adjacent to the 2,000 foot
wide corridor referred to in section 460ii of this
title. Any lands acquired pursuant to this subsection lying outside the boundaries of the
recreation area shall, upon acquisition, be included within the recreation area and transferred to the Secretary for management under
this subchapter. The Secretary shall publish a
revised boundary map to include any lands
added to the recreation area pursuant to this
subsection.
(3) If lands as described in paragraph (2) are
not available for acquisition, other lands within
the State of Georgia may be acquired as replacement lands under paragraph (1) if such lands are
transferred to the State of Georgia for permanent management for public outdoor recreation.
(Pub. L. 95–344, title I, § 104, Aug. 15, 1978, 92
Stat. 476; Pub. L. 98–568, § 1(d), Oct. 30, 1984, 98
Stat. 2928; Pub. L. 103–437, § 6(d)(18), Nov. 2, 1994,
108 Stat. 4584; Pub. L. 106–154, § 2(e)(2), (3), Dec. 9,
1999, 113 Stat. 1739.)
REFERENCES IN TEXT
The Federal Power Act (16 U.S.C. 791a et seq.), referred to in subsec. (a), is act June 10, 1920, ch. 285, 41
Stat. 1063, as amended, which is classified generally to
chapter 12 (§ 791a et seq.) of this title. For complete
classification of this Act to the Code, see section 791a
of this title and Tables.

Page 683

TITLE 16—CONSERVATION
AMENDMENTS

1999—Subsec. (b). Pub. L. 106–154, § 2(e)(2), substituted
‘‘this subchapter’’ for ‘‘this subchapter and chapter 43
of this title’’ wherever appearing.
Subsec. (d)(2). Pub. L. 106–154, § 2(e)(3), substituted
‘‘under this subchapter’’ for ‘‘under this subchapter and
chapter 43 of this title’’.
1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.
1984—Subsec. (d). Pub. L. 98–568 added subsec. (d).

§ 460ii–4. Funding sources and general management plan
(a) Funding
(1) Limitation on use of appropriated funds
From the appropriations authorized for fiscal year 1978 and succeeding fiscal years pursuant to the Land and Water Conservation
Fund Act (78 Stat. 897), as amended [16 U.S.C.
460l–4 et seq.], not more than $115,000,000 may
be expended for the acquisition of lands and
interests in lands authorized to be acquired
pursuant to the provisions of this subchapter.
For purposes of section 7(a)(3) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C.
460l–9(a)(3)), the statutory ceiling on appropriations under this subsection shall be
deemed to be a statutory ceiling contained in
a provision of law enacted prior to the convening of the Ninety-sixth Congress.
(2) Donations
The Secretary may accept a donation of
funds or land or an interest in land to carry
out this subchapter.
(3) Relation to other funding sources
Funds made available under paragraph (1)
are in addition to funding and the donation of
land and interests in land by the State of
Georgia, local government authorities, private
foundations, corporate entities, and individuals for purposes of this subchapter.
(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
(1) Initial plan
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 Resources of
the House of Representatives and to the Committee on Energy and Natural Resources of
the United States Senate a general management plan for the use and development of the
recreation area consistent with the findings
and purposes of this subchapter and chapter 43
of this title, indicating:
(A) 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, the estimated cost of acquisition, and the recommended public acquisition agency;

§ 460ii–4

(B) 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
(C) the facilities deemed necessary to accommodate and provide access for such visitors and uses, including their location and
estimated cost.
(2) Revised plan
(A) In general
Within 3 years after the date funds are
made available, the Secretary shall submit
to the committees specified in paragraph (1)
a revised general management plan to provide for the protection, enhancement, enjoyment, development, and use of the recreation area.
(B) Public participation
In preparing the revised plan, the Secretary shall encourage the participation of
the State of Georgia and affected political
subdivisions of the State, private landowners, interested citizens, public officials,
groups, agencies, educational institutions,
and other entities.
(d) Federal actions affecting corridor area; procedural requirements: notification of Secretary, Secretary’s recommendations or notification of Congressional committees, copies
of decisions and recommendations to Congressional committees; concurrence condition; exemptions
(1) Whenever any Federal department, agency,
or instrumentality proposes to undertake any
action, or provide Federal assistance for any action, or issue any license or permit for an action
within the corridor referred to in section 460ii of
this title which may have a direct and adverse
effect on the natural or cultural resources of the
recreation area, the head of such department,
agency, or instrumentality shall—
(A) promptly notify the Secretary of the action at the time it is planning the action, preparing an environmental assessment regarding
the action, or preparing an environmental impact statement under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et
seq.] for the action;
(B) provide the Secretary a reasonable opportunity to comment and make recommendations regarding the effect of the Federal action on the natural and cultural resources of
the recreation area; and
(C) notify the Secretary of the specific decisions made in respect to the comments and
recommendations of the Secretary.
The requirements of this subsection shall be carried out in accordance with procedures established by the Federal agency responsible for
undertaking or approving the Federal action.
These procedures may utilize the procedures developed by such Agency pursuant to the National Environmental Policy Act [42 U.S.C. 4321
et seq.].
(2) Following receipt of notification pursuant
to paragraph (1)(A), the Secretary, after consultation with the Governor of Georgia, shall
make such comments and recommendations as

§ 460ii–5

TITLE 16—CONSERVATION

the Secretary deems appropriate pursuant to
paragraph (1)(B) as promptly as practicable in
accordance with the notifying agency’s procedures established pursuant to paragraph (1)(A).
In any instance in which the Secretary does not
provide comments and recommendations under
paragraph (1)(B), the Secretary shall notify in
writing, the appropriate committees of Congress.
(3) Following receipt of the notifying agency’s
decisions pursuant to paragraph (1)(C), the Secretary shall submit to the appropriate committees of Congress, including the authorizing committees with primary jurisdiction for the program under which the proposed action is being
taken, a copy of the notifying agency’s specific
decisions made pursuant to paragraph (1)(C),
along with a copy of the comments and recommendations made pursuant to paragraph (1)(B).
(4) In any instance in which the Secretary has
not been notified of a Federal agency’s proposed
action within the corridor, and on his or her own
determination finds that such action may have
a significant adverse effect on the natural or
cultural resources of the recreation area, the
Secretary shall notify the head of such Federal
agency in writing. Upon such notification by the
Secretary, such agency shall promptly comply
with the provisions of subparagraphs (A), (B),
and (C) of paragraph (1) of this subsection.
(5) Each agency or instrumentality of the
United States conducting Federal action upon
federally owned lands or waters which are administered by the Secretary and which are located within the authorized boundary of the
recreation area shall not commence such action
until such time as the Secretary has concurred
in such action.
(6) The following Federal actions which constitute a major and necessary component of an
emergency action shall be exempt from the provisions of this subsection—
(A) those necessary for safeguarding of life
and property;
(B) those necessary to respond to a declared
state of disaster;
(C) those necessary to respond to an imminent threat to national security; and
(D) those that the Secretary has determined
to be not inconsistent with the general management plan for the recreation area.
Actions which are part of a project recommended in the study entitled ‘‘Metropolitan
Atlanta Water Resources Management Study,
Georgia: Report of Chief of Engineers’’, dated
June 1, 1982, and any Federal action which pertains to the control of air space, which is regulated under the Clean Air Act [42 U.S.C. 7401 et
seq.], or which is required for maintenance or rehabilitation of existing structures or facilities
shall also be exempt from the provisions of this
subsection.
(Pub. L. 95–344, title I, § 105, Aug. 15, 1978, 92
Stat. 476; Pub. L. 98–568, § 1(e), Oct. 30, 1984, 98
Stat. 2929; Pub. L. 106–154, § 2(d), (e)(4), Dec. 9,
1999, 113 Stat. 1738, 1739.)
REFERENCES IN TEXT
The Land and Water Conservation Fund Act (78 Stat.
897), as amended, referred to in subsec. (a)(1), probably

Page 684

means the Land and Water Conservation Fund Act of
1965, Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 897, as amended, which is classified generally to part B (§ 460l–4 et
seq.) of subchapter LXIX of this chapter. For complete
classification of this Act to the Code, see Short Title
note set out under section 460l–4 of this title and
Tables.
The convening of the Ninety-sixth Congress, referred
to in subsec. (a)(1), took place on Jan. 15, 1979.
The National Environmental Policy Act of 1969, referred to in subsec. (d)(1), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally
to chapter 55 (§ 4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The Clean Air Act, referred to in subsec. (d)(6), is act
July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is
classified generally to chapter 85 (§ 7401 et seq.) of Title
42. For complete classification of this Act to the Code,
see Short Title note set out under section 7401 of Title
42 and Tables.
AMENDMENTS
1999—Pub. L. 106–154, § 2(d)(1), inserted section catchline.
Subsec. (a). Pub. L. 106–154, § 2(d)(1), (2), inserted subsec. heading, designated existing provisions as par. (1),
inserted
heading,
substituted
‘‘$115,000,000’’
for
‘‘$79,400,000’’ and ‘‘this subchapter’’ for ‘‘this subchapter and chapter 43 of this title’’, and added pars. (2)
and (3).
Subsec. (c). Pub. L. 106–154, § 2(d)(3), inserted subsec.
heading, designated existing provisions as par. (1), inserted par. (1) heading, redesignated former pars. (1) to
(3) as subpars. (A) to (C), respectively, substituted
‘‘transmit to the Committee on Resources of the House
of Representatives’’ for ‘‘transmit to the Committee on
Interior and Insular Affairs of the United States House
of Representatives’’, and added par. (2).
Subsec. (c)(1)(A). Pub. L. 106–154, § 2(e)(4), substituted
‘‘of this subchapter’’ for ‘‘of this subchapter and chapter 43 of this title’’.
1984—Subsec. (a). Pub. L. 98–568, § 1(e)(1), substituted
‘‘$79,400,000’’ for ‘‘$72,900,000’’ and inserted provision respecting applicable statutory ceiling on appropriations.
Subsec. (c). Pub. L. 98–568, § 1(e)(2), substituted ‘‘seven
years’’ for ‘‘three years’’.
Subsec. (d). Pub. L. 98–568, § 1(e)(3), added subsec. (d).
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 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 referred
to as the ‘‘Advisory Commission’’) to advise the
Secretary regarding the management and operation of the area, protection of resources with 1
the recreation area, and the priority of lands to
be acquired within the recreation area. The Advisory Commission shall be composed of the following thirteen voting members appointed by
the Secretary:
(1) four members appointed from among individuals recommended by local governments—
1 So

in original. Probably should be ‘‘within’’.

Page 685

§ 460jj

TITLE 16—CONSERVATION

(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 on vouchers signed by the Chairman.
(e) Termination
The Advisory Commission shall terminate on
the date ten years after October 30, 1984.
(Pub. L. 95–344, title I, § 106, as added Pub. L.
98–568, § 1(f), Oct. 30, 1984, 98 Stat. 2931; amended

Pub. L. 106–154, § 2(e)(5), (6), Dec. 9, 1999, 113 Stat.
1739.)
AMENDMENTS
1999—Subsec. (a). Pub. L. 106–154, § 2(e)(5), substituted
‘‘this subchapter’’ for ‘‘this subchapter and chapter 43
of this title’’ in introductory provisions.
Subsec. (d). Pub. L. 106–154, § 2(e)(6), substituted ‘‘this
subchapter’’ for ‘‘this subchapter and chapter 43 of this
title’’.

SUBCHAPTER XCIV—ARAPAHO NATIONAL
RECREATION AREA
§ 460jj. Establishment
(a) In general
An area of land comprising approximately
35,235 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’’ and dated May 2007) is established as the Arapaho National Recreation Area.
(b) Administration
The Secretary shall administer the Arapaho
National Recreation Area, in accordance with
the laws and regulations applicable to the national forests, in such a manner as will best provide for—
(1) public recreation and enjoyment;
(2) the conservation and development of the
scenic, natural, historic, and pastoral values
of the area;
(3) the management, utilization, and disposal of natural resources such as timber,
grazing, and mineral resources so that their
utilization will not substantially impair the
purposes for which the recreation area is established; and
(4) the management of water quality in the
recreation area consistent with the development of needed water supply and waste-water
systems, including the control of aquatic vegetation in the streams, lakes, and reservoirs
within the recreation area.
(c) Management plan
The Secretary shall develop an overall management plan for the Arapaho National Recreation Area. This plan shall be developed in consultation with State and local political subdivisions and other interested persons.
(Pub. L. 95–450, § 4, Oct. 11, 1978, 92 Stat. 1095;
Pub. L. 111–11, title I, § 1955(b), Mar. 30, 2009, 123
Stat. 1075.)
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–11 substituted ‘‘35,235
acres’’ for ‘‘thirty-six thousand two hundred thirty-five
acres’’ and ‘‘and dated May 2007’’ for ‘‘, dated July
1978’’.
SHORT TITLE
Section 1 of Pub. L. 95–450 provided that: ‘‘This Act
[enacting this subchapter and enacting notes set out
under this section and section 1132 of this title] may be
cited as the ‘Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands
Wilderness Area Act’.’’
LEGISLATIVE FINDINGS; PURPOSES
Section 2 of Pub. L. 95–450 provided that: ‘‘The Congress finds that it is in the national interest—

§ 460jj–1

TITLE 16—CONSERVATION

‘‘(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.’’

§ 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 section
460jj of this title.
(b) Privately owned land
In exercising the authority conferred by this
section to acquire lands, the Secretary shall
give prompt and careful consideration to any
offer made by an individual owning any land, or
interest in land, within the Arapaho National
Recreation Area. In considering any such offer,
the Secretary shall take into consideration any
hardship to the owner which might result from
any undue delay in acquiring the property. Purchases made under this authority shall be made
on a willing buyer, willing seller basis.
(c) Exchange of property; cash equalization
In exercising the authority conferred by this
section to acquire property by exchange, the
Secretary may accept title to any non-Federal
land, or interests therein, located within the
Arapaho National Recreation Area and the Secretary may convey in exchange therefor any federally owned lands or interests inlands within
the State of Colorado which are classified by the
Secretary as suitable for exchange and which
are under the Secretary’s administrative jurisdiction. The values of any lands or interests in
lands so exchanged shall be approximately
equal, or if they are not approximately equal,
they shall be equalized by the payment of cash
to the grantor or to the Secretary so long as
payment does not exceed 25 per centum of the
total value of the land or interest in land. In utilizing cash equalization in exchanges the Secretary shall try to reduce the amount of the

Page 686

payment of money to as small an amount as possible. In the exercise of his exchange authority,
the Secretary may utilize authorities and procedures available to him in making exchanges of
national forest lands.
(d) State land
Any land or interest in land owned by the
State of Colorado or any of its political subdivisions may be acquired only by donation or exchange.
(e) Transfer of Federal land
Notwithstanding any other provision of law,
any Federal lands or interests in lands located
within the Arapaho National Recreation Area
shall be transferred without consideration to
the administrative jurisdiction of the Secretary
for use by the Secretary in carrying out this
subchapter. Lands within the Arapaho National
Recreation Area acquired by the Secretary or
transferred to the Secretary’s administrative jurisdiction shall become part of that recreation
area and of the national forest within or adjacent to which they are located: Provided, That
the operation and facilities of the Colorado Big
Thompson project shall remain under the jurisdiction of the United States Bureau of Reclamation.
(Pub. L. 95–450, § 5, Oct. 11, 1978, 92 Stat. 1096.)
REFERENCES IN TEXT
This subchapter, referred to in subsecs. (a) and (e),
was in the original ‘‘this Act’’, meaning Pub. L. 95–450,
Oct. 11, 1978, 92 Stat. 1095, which enacted this subchapter and enacted provisions set out as notes under
sections 460jj and 1132 of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 460jj of this title and Tables.

§ 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.
(Pub. L. 95–450, § 6, Oct. 11, 1978, 92 Stat. 1097.)
§ 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.
(Pub. L. 95–450, § 7, Oct. 11, 1978, 92 Stat. 1097.)
§ 460jj–4. Application of State water laws
The jurisdiction of the State of Colorado and
the United States over waters of any stream in-

Page 687

TITLE 16—CONSERVATION

cluded in the Arapaho National Recreation Area
shall be determined by established principles of
law. Nothing in this subchapter shall constitute
an express or implied claim or denial on the part
of the Federal Government as to exemption
from State water laws.
(Pub. L. 95–450, § 8, Oct. 11, 1978, 92 Stat. 1097.)
§ 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.
(Pub. L. 95–450, § 9, Oct. 11, 1978, 92 Stat. 1097.)
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.

§ 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.
(Pub. L. 95–450, § 10, Oct. 11, 1978, 92 Stat. 1098.)
§ 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.
(Pub. L. 95–450, § 11, Oct. 11, 1978, 92 Stat. 1098.)
REFERENCES IN TEXT
Sections 1 through 10 of this Act, referred to in text,
means sections 1 through 10 of Pub. L. 95–450, Oct. 11,
1978, 92 Stat. 1095, which enacted sections 460jj to 460jj–6
of this title and enacted provisions set out as notes
under sections 460jj and 1132 of this title.
The Land and Water Conservation Fund, referred to
in text, was established by section 460l–5 of this title.

§ 460kk

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 ‘‘Santa Monica Mountains National Recreation Area and Santa Monica Mountains Zone,
California, Boundary Map’’, numbered 80,047–C
and dated August 2001, 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 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

§ 460kk

TITLE 16—CONSERVATION

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. Lands within the ‘‘Wildlife Corridor Expansion Zone’’ identified on the boundary map referred to in paragraph (1) may be acquired only by donation or with donated funds.
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) certain federally owned lands managed
by the Bureau of Land Management in the vicinity of the Haiwee Reservoir in Inyo County for
certain lands owned by the city of Los Angeles
which are associated with the Upper Franklin
Reservoir in the city of Los Angeles. Lands acquired by the Secretary pursuant to such exchange shall be transferred without cost to the
administrative jurisdiction of the National Park
Service for inclusion within the recreation area.
The Secretary shall include in such exchange a
provision for an easement to be granted to the
city of Los Angeles for the existing water pipeline associated with the Upper Franklin Reservoir and for the city of Los Angeles to provide
for replacement water to maintain the water
elevations of the Franklin Reservoir to the current levels. The values of lands exchanged under
this provision shall be equal, or shall be equalized, in the same manner as provided in section
1716 of title 43.
(C) The city shall assume full responsibility
for the protection of cultural resources and shall
develop a cultural resource management program for the public lands to be transferred to
the city in the vicinity of the Haiwee Reservoir.
The program shall be developed in consultation
with the Secretary of the Interior, the California State Historic Preservation Officer, and the
Advisory Council on Historic Preservation.
(3) The Administrator of the General Services
Administration is hereby authorized and directed to transfer the site generally known as
Nike Site 78 to the Secretary for inclusion in

Page 688

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

Page 689

TITLE 16—CONSERVATION

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.

§ 460kk

(i) Administration
The Secretary shall administer the recreation
area in accordance with this Act and provisions
of laws generally applicable to units of the National Park System, including sections 1, 2, 3,
and 4 of this title. In the administration of the
recreation area, the Secretary may utilize such
statutory authority available for the conservation and management of wildlife and natural resources as appropriate to carry out the purpose
of this section. The fragile resource areas of the
recreation area shall be administered on a lowintensity basis, as determined by the Secretary.
(j) Cooperative agreements for rescue, fire prevention and firefighting, and law enforcement services
The Secretary may enter into cooperative
agreements with the State of California, or any
political subdivision thereof, for the rendering,
on a reimbursable basis, of rescue, firefighting,
and law enforcement services and cooperative
assistance by nearby law enforcement and fire
preventive agencies.
(k) Donations
Notwithstanding any other provision of law,
the Secretary is authorized to accept donations
of funds, property, or services from individuals,
foundations, corporations, or public entities for
the purpose of land acquisition and providing
services and facilities which the Secretary
deems consistent with the purposes of this section.
(l) Report of Advisory Commission to Secretary
By January 1, 1981, the Santa Monica Mountains National Recreation Area Advisory Commission, established by this section, shall submit a report to the Secretary which shall—
(1) assess the capability and willingness of
the State of California and the local units of
government to manage and operate the recreation area,
(2) recommend any changes in ownership,
management, and operation which would better accomplish the purposes of this section,
and
(3) recommend any conditions, joint management agreements, or other land use mechanisms to be contingent on any transfer of land.
(m) Report of Secretary to Congressional committees
The Secretary, after giving careful consideration to the recommendations set forth by the
Advisory Commission, shall, by January 1, 1982,
submit a report to the committees referred to in
subsection (c) of this section which shall incorporate the recommendations of the Advisory
Commission as well as set forth the Secretary’s
recommendations. Such report shall—
(1) assess the benefits and costs of continued
management as a unit of the National Park
System,
(2) assess the capability and willingness of
the State of California and the local units of
government to manage and operate the recreation area, and
(3) recommend any changes in ownership,
management, and operation which would better accomplish the purposes of this section.

§ 460kk

TITLE 16—CONSERVATION

(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.

Page 690

(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,
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 wa-

Page 691

§ 460kk

TITLE 16—CONSERVATION

ters shall, prior to the approval of the expenditure of any Federal funds on such undertaking
or prior to the issuance of any license or permit,
as the case may be, afford the Secretary a reasonable opportunity to comment with regard to
such undertaking and shall give due consideration to any comments made by the Secretary
and to the effect of such undertaking on the
‘‘findings’’ and purposes of this section.
(p) State agency recommendations; consideration
The Secretary shall give full consideration to
the recommendations of the California Department of Parks and Recreation, the Santa
Monica Mountains Comprehensive Planning
Commission, and the California Coastal Commission.
(q) Advisory Commission; establishment and termination; membership; term; meetings; notice, publication in newspapers; compensation and expenses; consultations of Secretary
with Commission
(1) There is hereby established the Santa
Monica Mountains National Recreation Area
Advisory Commission (hereinafter referred to as
the ‘‘Advisory Commission’’). The Advisory
Commission shall terminate ten years after the
date of establishment of the recreation area.
(2) The Advisory Commission shall be composed of the following members to serve for
terms of five years as follows:
(A) one member appointed by the Governor
of the State of California;
(B) one member appointed by the mayor of
the city of Los Angeles;
(C) one member appointed by the Board of
Supervisors of Los Angeles County;
(D) one member appointed by the Board of
Supervisors of Ventura County; and
(E) nine members appointed by the Secretary, one of whom shall serve as the Commission Chairperson.
(3) The Advisory Commission shall meet on a
regular basis. Notice of meetings and agenda
shall be published in local newspapers which
have a distribution which generally covers the
area. Commission meetings shall be held at locations and in such a manner as to insure adequate public involvement. Such locations shall
be in the region of the Santa Monica Mountains
and no more than twenty-five miles from it.
(4) Members of the Commission shall serve
without compensation as such, but the Secretary may pay expenses reasonably incurred in
carrying out their responsibilities under this
Act on vouchers signed by the Chairperson.
(5) The Secretary, or his or her designee, shall
from time to time but at least semiannually,
meet and consult with the Advisory Commission
on matters relating to the development of this
recreation area and with respect to carrying out
the provisions of this section.
(r) Authorization of appropriations for property
acquisitions and State grants
There are authorized to be appropriated such
sums as may be necessary for acquisition of
lands and interests in land within the boundaries of the recreation area established under
this section, but not more than $15,000,000 for

fiscal year 1979, $40,000,000 for fiscal year 1980,
$45,000,000 for fiscal year 1981, $10,000,000 for fiscal year 1982, and $15,000,000 for fiscal year 1983,
such sums to remain available until expended.
For grants to the State pursuant to subsection
(n) of this section there are authorized to be appropriated not more than $10,000,000 for fiscal
year 1979, $10,000,000 for fiscal year 1980, $5,000,000
for fiscal year 1981, and $5,000,000 for fiscal year
1982, such sums to remain available until expended. For the authorizations made in this subsection, any amounts authorized but not appropriated in any fiscal year shall remain available
for appropriation in succeeding fiscal years.
(s) Authorization of appropriations for public facilities development
For the development of essential public facilities in the recreation area there are authorized
to be appropriated not more than $500,000. The
Congress expects that, at least until assessment
of the report required by subsection (t) of this
section, any further development of the area
shall be accomplished by the State of California
or local units of government, subject to the approval of the Director, National Park Service.
(t) General management plan; transmission to
Congressional committees
Within two years from the date of establishment of the recreation area pursuant to this section, the Secretary shall, after consulting with
the Advisory Commission, develop and transmit
to the Committees referred to in subsection (c)
of this section a general management plan for
the recreation area consistent with the objectives of this section. Such plan shall indicate—
(1) a plan for visitor use including the facilities needed to accommodate the health, safety, education and recreation needs of the public;
(2) the location and estimated costs of all facilities;
(3) the projected need for any additional facilities within the area;
(4) any additions or alterations to the boundaries of the recreation area which are necessary or desirable to the better carrying out
of the purposes of this section; and
(5) a plan for preservation of scenic, archeological and natural values and of fragile ecological areas.
(Pub. L. 95–625, title V, § 507, Nov. 10, 1978, 92
Stat. 3501; Pub. L. 96–87, title IV, § 401(j), Oct. 12,
1979, 93 Stat. 666; Pub. L. 96–199, title I, § 118,
Mar. 5, 1980, 94 Stat. 71; Pub. L. 98–572, Oct. 30,
1984, 98 Stat. 2946; Pub. L. 103–437, § 6(d)(5), Nov.
2, 1994, 108 Stat. 4583; Pub. L. 107–236, §§ 2, 3, Oct.
9, 2002, 116 Stat. 1483.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (i) and (q)(4), means
Pub. L. 95–625, Nov. 10, 1978, 92 Stat. 3467, as amended,
known as the National Parks and Recreation Act of
1978. For complete classification of this Act to the
Code, see Short Title of 1978 Amendment note set out
under section 1 of this title and Tables.
AMENDMENTS
2002—Subsec. (c)(1). Pub. L. 107–236, §§ 2(1), 3(1), substituted ‘‘ ‘Santa Monica Mountains National Recreation Area and Santa Monica Mountains Zone, Califor-

§ 460ll

TITLE 16—CONSERVATION

nia, Boundary Map’, numbered 80,047–C and dated August 2001’’ for ‘‘ ‘Boundary Map, Santa Monica Mountains National Recreation Area, California, and Santa
Monica Mountains Zone’, numbered SMM–NRA 80,000,
and dated May 1978’’ and ‘‘Committee on Resources’’
for ‘‘Committee on Natural Resources’’.
Subsec. (c)(2)(A). Pub. L. 107–236, § 2(2), inserted after
third sentence ‘‘Lands within the ‘Wildlife Corridor Expansion Zone’ identified on the boundary map referred
to in paragraph (1) may be acquired only by donation
or with donated funds.’’
Subsec. (c)(2)(B). Pub. L. 107–236, § 3(2), substituted
‘‘certain federally owned’’ for ‘‘of certain federally
owned’’ in first sentence.
Subsec. (n)(5). Pub. L. 107–236, § 3(3), substituted
‘‘laws,’’ for ‘‘laws’’ in second sentence.
1994—Subsec. (c)(1). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.
1984—Subsec. (c)(2). Pub. L. 98–572 designated existing
provisions as subpar. (A), inserted exception clause in
third sentence, and added subpars. (B) and (C).
1980—Subsec. (q)(2)(E). Pub. L. 96–199 increased from 5
to 9 the number of members appointed by the Secretary
of the Interior.
1979—Subsec. (f)(1). Pub. L. 96–87 substituted ‘‘construction of which was begun before January 1, 1978’’
for ‘‘construction of which was begun before January 1,
1976’’.
ANTHONY C. BEILENSON VISITOR CENTER
Pub. L. 105–277, div. A, § 101(e) [title I, § 145], Oct. 21,
1998, 112 Stat. 2681–231, 2681–267, provided that: ‘‘The
principal visitor center for the Santa Monica Mountains National Recreation Area, regardless of location,
shall be named for Anthony C. Beilenson and shall be
referred to in any law, document or record of the
United States as the ‘Anthony C. Beilenson Visitor
Center’.’’
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Interior, see
section 2 of Pub. L. 95–625, set out as a note under section 2503 of this title.

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 (16 U.S.C. 1131) and
the National Forest Management Act of 1976 (16
U.S.C. 1600), the people of the Nation and Montana would best be served by national recreation
area designation of the Rattlesnake area to in-

Page 692

clude the permanent preservation of certain of
these lands under established statutory designation as wilderness, and to promote the watershed, recreational, wildlife, and educational values of the remainder of these lands.
(Pub. L. 96–476, § 1, Oct. 19, 1980, 94 Stat. 2271.)
REFERENCES IN TEXT
The Wilderness Act (16 U.S.C. 1131), referred to in subsec. (b), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as
amended, which is classified generally to chapter 23
(§ 1131 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 1131 of this title and Tables.
The National Forest Management Act of 1976 (16
U.S.C. 1600), referred to in subsec. (b), is Pub. L. 94–588,
Oct. 22, 1976, 90 Stat. 2949, as amended, which enacted
sections 472a, 521b, 1600, and 1611 to 1614 of this title,
amended sections 500, 515, 516, 518, 576b, and 1601 to 1610
of this title, repealed sections 476, 513, and 514 of this
title, and enacted provisions set out as notes under sections 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short
Title of 1976 Amendment note set out under section 1600
of this title and Tables.
SHORT TITLE
Pub. L. 96–476, § 1, Oct. 19, 1980, 94 Stat. 2271, provided
in part: ‘‘That this Act [enacting this subchapter] may
be cited as the ‘Rattlesnake National Recreation Area
and Wilderness Act of 1980’.’’

§ 460ll–1. Rattlesnake Wilderness
(a) Designation of area
In furtherance of the purposes of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1131), certain
lands within the Rattlesnake National Recreation Area as designated by this subchapter,
which comprise approximately 33,000 acres as
generally depicted as the ‘‘Rattlesnake Wilderness’’ on a map entitled ‘‘Rattlesnake National
Recreation Area and Wilderness—Proposed’’,
and dated October 1, 1980, are hereby designated
as wilderness and shall be known as the Rattlesnake Wilderness.
(b) Administration
Subject to valid existing rights, the Rattlesnake Wilderness as designated by this subchapter shall be administered by the Secretary
of Agriculture, hereafter referred to as the Secretary, in accordance with the provisions of the
Wilderness Act [16 U.S.C. 1131 et seq.] governing
areas designated by that Act as wilderness: Provided, That any reference in such provisions to
the effective date of the Wilderness Act shall be
deemed to be a reference to the effective date of
this subchapter.
(Pub. L. 96–476, § 2, Oct. 19, 1980, 94 Stat. 2271.)
REFERENCES IN TEXT
The Wilderness Act, referred to in text, is Pub. L.
88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (§ 1131 et seq.) of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 1131 of
this title and Tables.
The effective date of the Wilderness Act, referred to
in subsec. (b), means Sept. 3, 1964, the date of enactment of Pub. L. 88–577, which enacted chapter 23 of this
title.
The effective date of this subchapter, referred to in
subsec. (b), means Oct. 19, 1980, the date of enactment
of Pub. L. 96–476, which enacted this subchapter.

Page 693

TITLE 16—CONSERVATION

§ 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.
(Pub. L. 96–476, § 3, Oct. 19, 1980, 94 Stat. 2272.)
§ 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 sections 460ll–1 and 460ll–2 of this title,
by which the Secretary of the Interior may accept conveyance of title to these private lands
for the United States and in exchange issue bidding rights that may be exercised in competitive
coal lease sales, or in coal lease modifications,
or both, under sections 2 and 3 of the Mineral
Lands Leasing Act of 1920, as amended (30 U.S.C.
201(a), 203). Any lands so acquired shall become
national forest lands under the jurisdiction of
the Secretary of Agriculture to be managed in
accordance with the provisions of this subchapter and other laws applicable to the management of national forest lands. Nothing in
this subchapter shall be construed to limit or diminish any existing authority of the Secretaries
of the Interior and Agriculture to acquire private lands and interests therein in the Rattlesnake National Recreation Area and Rattlesnake Wilderness. Nothing in this subchapter
shall be construed to require any owner of the
lands within or contiguous to the Rattlesnake
National Recreation Area or Rattlesnake Wilderness to accept coal lease bidding rights in exchange for title to those private lands.
(2) The coal lease bidding rights to be issued
may be exercised as payment of bonus or other
payment required of the successful bidder for a
competitive coal lease, or required of an applicant for a coal lease modification. The bidding
rights shall equal the fair market value of the
private lands or interests therein conveyed in
exchange for their issuance. The use and exer-

§ 460ll–3

cise of the bidding rights shall be subject to the
provisions of the Secretary of the Interior’s regulations governing coal lease bidding rights, to
the extent that they are not inconsistent with
this subchapter, that are in effect at the time
the bidding rights are issued.
(3) If for any reason, including but not limited
to the failure of the Secretary of the Interior to
offer for lease lands in the Montana portion of
the Powder River Coal Production Region as defined in the Federal Register of November 9, 1979
(44 F.R. 65196), or the failure of the holder of the
bidding rights to submit a successful high bid
for any such leases, any bidding rights issued in
an exchange under this subchapter have not
been exercised within two years from October 31,
1983, the bidding rights may be used as a monetary credit, which shall be considered ‘‘money’’
within the meaning of section 35 of the Mineral
Lands Leasing Act of 1920 (30 U.S.C. 191), against
that portion of bonus payments, rental or royalty payments paid into the Treasury of the
United States and retained by the Federal Government on any Federal coal lease won or otherwise held by the applicant, its successors or assigns. The holder of the bidding rights shall pay
the balance due on such bonus payments, rental
or royalty payments in cash for transmittal to
the States in the same manner and in the same
amounts as though the entire payment were
made in cash under the provisions of the Mineral Leasing Act of 1920 as amended [30 U.S.C.
181 et seq.]. The bidding rights may be transferred or sold at any time by the owner to any
other party with all the rights of the owner to
the credit, and after such transfer, the owner
shall notify the Secretary.
(4) It is the intent of Congress that the exchange of bidding rights for the private lands or
interests therein authorized by this subchapter
shall occur within three years of October 19,
1980.
(5) In order to facilitate the exchange authorized by this subchapter, the Executive order captioned ‘‘Order of Withdrawal’’, of June 6, 1929,
creating ‘‘Coal Reserve No. 1, Montana, No. 1’’,
is hereby revoked to the extent that it constitutes a withdrawal of the lands therein from
disposal under the Mineral Lands Leasing Act of
1920, as amended [30 U.S.C. 181 et seq.].
(c) Exchange of lands involving Burlington
Northern, Inc.
The exchange of lands involving Burlington
Northern, Inc. shall be in accordance with the
agreement entitled ‘‘Statement of Intent’’ entered into by Burlington Northern, Inc. and the
Regional Forester of the United States Forest
Service, Region 1, signed September 18, 1980, and
it is the intent of Congress that this exchange
shall occur within three years of October 19,
1980.
(d) Non-Federal lands; water rights
(1) As non-Federal lands and interests in the
Rattlesnake National Recreation Area are acquired, the lands shall become part of the Rattlesnake National Recreation Area. As non-Federal lands and interests in the Rattlesnake Wilderness are acquired, the lands shall become
part of the Rattlesnake Wilderness. The Secretary shall publish from time to time a notice

§ 460ll–4

TITLE 16—CONSERVATION

of such classifications in the Federal Register.
It is the intention of Congress that acquisition
of the non-Federal lands shall be completed no
later than three years after October 19, 1980.
(2) Nothing in this subchapter shall be construed to permit the Secretary to affect or diminish any water right which is vested under either State or Federal law on October 19, 1980,
nor the rights of the owner of such water right
to the customary and usual access, including
necessary motorized use over and along existing
roads and trails to any facilities used in connection therewith, and the right to operate and
maintain such facilities.
(e) Exchange of land owned by Montana Power
Company for bidding rights
The Secretary of the Interior, in consultation
with the Secretary of Agriculture, shall consummate the exchange of the lands owned by the
Montana Power Company within the boundaries
of the Rattlesnake National Recreation Area
and Rattlesnake Wilderness by issuing bidding
rights to the Montana Power Company which
shall equal the negotiated cash equivalent of the
fair market value of such Montana Power Company lands, as provided in the agreement of
April 4, 1983, signed by the authorized representatives of the Secretary of Agriculture, the Secretary of the Interior and the Montana Power
Company, except that adjustments in the ‘‘Cash
Equivalency Rate’’ referred to in said agreement
shall not exceed a rate determined by the Secretary of the Interior taking into consideration
the current average market yield on outstanding marketable obligations of the United States
with remaining periods to maturity comparable
to the remaining period during which the bidding rights may be used.
(Pub. L. 96–476, § 4, Oct. 19, 1980, 94 Stat. 2272;
Pub. L. 98–140, § 7, Oct. 31, 1983, 97 Stat. 907.)
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), 41 Stat. 438, which enacted section
201(a) of Title 30, Mineral Lands and Mining. Section
2(b) to (d) of the Mineral Lands Leasing Act of 1920 enacted sections 201(b), 202, and 202(a) of Title 30, respectively.
The Mineral Lands Leasing Act of 1920, as amended,
referred to in subsec. (b)(3), (5), is act Feb. 25, 1920, ch.
85, 41 Stat. 437, as amended, known as the Mineral Leasing Act, which is classified generally to chapter 3A
(§ 181 et seq.) of Title 30. For complete classification of
this Act to the Code, see Short Title note set out under
section 181 of Title 30 and Tables.
CODIFICATION
In subsec. (b)(3), ‘‘October 31, 1983’’ substituted for
‘‘the date of enactment of this Act’’, meaning the date
of enactment of Pub. L. 98–140, section 7(a) of which
amended generally subsec. (b)(3), as the probable intent
of Congress.
AMENDMENTS
1983—Subsec. (b)(3). Pub. L. 98–140, § 7(a), amended
par. (3) generally, substituting ‘‘two years from October 31, 1983, the bidding rights may be used as a monetary credit, which shall be considered ‘money’ within
the meaning of section 35 of the Mineral Lands Leasing
Act of 1920 (30 U.S.C. 191), against that portion of bonus
payments, rental or royalty payments paid into the

Page 694

Treasury of the United States and retained by the Federal Government on any Federal coal lease won or
otherwise held by the applicant, its successors or assigns’’ for ‘‘three years from October 19, 1980, the holder
of the bidding rights may, at its election, use the outstanding bidding rights as a credit against any royalty,
rental, or advance royalty payments owed to the
United States on any Federal coal lease(s) it may then
hold’’ and inserting provisions that the holder of the
bidding rights shall pay the balance due on such bonus
payments, rental or royalty payments in cash for
transmittal to the States in the same manner and in
the same amounts as though the entire payment were
made in cash under the provisions of the Mineral Leasing Act of 1920 as amended, and that the bidding rights
may be transferred or sold at any time by the owner to
any other party with all the rights of the owner to the
credit, and after such transfer, the owner shall notify
the Secretary.
Subsec. (e). Pub. L. 98–140, § 7(b), added subsec. (e).

§ 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.
(Pub. L. 96–476, § 5, Oct. 19, 1980, 94 Stat. 2273.)
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.

§ 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.
(Pub. L. 96–476, § 6, Oct. 19, 1980, 94 Stat. 2274.)
[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

Page 695

§ 460mm–3

TITLE 16—CONSERVATION

October 1978. Special values to be considered in
planning and management of the area are: caribou range and Birch Creek.
(Pub. L. 96–487, title IV, § 401, Dec. 2, 1980, 94
Stat. 2396.)
§ 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 section 460mm of this title
pursuant to the applicable provisions of the Federal Land Policy and Management Act of 1976 [43
U.S.C. 1701 et seq.] dealing with the management and use of land in Federal ownership, and
shall, within five years of Dec. 2, 1980, develop a
land use plan for each such area, and for the
area established in section 460mm–2 of this title.
(b) Transfer of lands; mineral exploration and
development
No public lands within the national conservation area shall be transferred out of Federal
ownership except by exchange pursuant to section 206 of the Federal Land Policy and Management Act [43 U.S.C. 1716]. Where consistent with
the land use plans for the area, mineral development may be permitted pursuant to the Mineral
Leasing Act of 1920, as amended, and supplemented (30 U.S.C. 181–287) or the Materials Act
of 1947, as amended (30 U.S.C. 601–603). Subject to
valid existing rights, the minerals in Federal
lands within national conservation areas are
hereby withdrawn from location, entry, and patent under the United States mining laws (30
U.S.C. 22–54). Where consistent with the land use
plan for the area, the Secretary may classify
lands within national conservation areas as
suitable for locatable mineral exploration and
development and open such lands to entry, location, and patent under the United States mining
laws (30 U.S.C. 22–54).
(c) Regulation of mining activities
Subject to valid existing rights, all mining
claims located within any such unit shall be
subject to such reasonable regulations as the
Secretary may prescribe to assure that mining
will, to the maximum extent practicable, be
consistent with protection of the scenic, scientific, cultural, and other resources of the area
and any patent issued after December 2, 1980,
shall convey title only to the minerals together
with the right to use the surface of lands for
mining purposes subject to such reasonable regulations as the Secretary may prescribe as
aforesaid.
(Pub. L. 96–487, title IV, § 402, Dec. 2, 1980, 94
Stat. 2396.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (a), is Pub. L. 94–579, Oct. 21,
1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.
The Mineral Leasing Act of 1920, as amended, and
supplemented, referred to in subsec. (b), is act Feb. 25,

1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code,
see Short Title note set out under section 181 of Title
30 and Tables.
The Materials Act of 1947, as amended, referred to in
subsec. (b), is act July 31, 1947, ch. 406, 61 Stat. 681, as
amended, which is classified generally to subchapter I
(§ 601 et seq.) of chapter 15 of Title 30. For complete
classification of this Act to the Code, see Short Title
note set out under section 601 of Title 30 and Tables.

§ 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
section 460mm–4 of this title and other applicable provisions of this Act, the Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701
et seq.], and other applicable law. In planning
for the recreational use and management of this
area, the Secretary shall work closely with the
State of Alaska.
(Pub. L. 96–487, title IV, § 403, Dec. 2, 1980, 94
Stat. 2397.)
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 96–487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska
National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short
Title note set out under section 3101 of this title and
Tables.
The Federal Land Policy and Management Act of
1976, referred to in text, is Pub. L. 94–579, Oct. 21, 1976,
90 Stat. 2743, as amended, which is classified principally
to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands.
For complete classification of this Act to the Code, see
Short Title note set out under section 1701 of Title 43
and Tables.

§ 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

§ 460mm–4

TITLE 16—CONSERVATION

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.

Page 696

(e) Access to claims
Pursuant to the provisions of this section and
section 3170 of this title, reasonable access shall
be granted to an unperfected mining claim for
purposes of making a valid discovery of mineral
until September 30, 1982.
(f) Preference rights
The holder of any unperfected mining claim
which was, prior to November 16, 1978, located,
recorded, and maintained in accordance with applicable Federal and State laws on lands located
within the boundaries of the Steese National
Conservation Area, or the White Mountains National Recreation Area established by this subchapter, shall be entitled during a two-year period after the date that the Secretary exercises
his authority under section 460mm–1 or 460mm–4
of this title to open an area containing such
claim to mining, (1) to a preference right to rerecord his claim under applicable law and to develop such claim under section 460mm–1 of this
title or (2) to obtain a lease to remove nonleasable minerals from the claim under section
460mm–4 of this title.
(Pub. L. 96–487, title IV, § 404, Dec. 2, 1980, 94
Stat. 2397.)
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 Pub. L. 96–487,
Dec. 2, 1980, 94 Stat. 2371, as amended, known as the
Alaska National Interest Lands Conservation Act. For
complete classification of this Act to the Code, see
Short Title note set out under section 3101 of this title
and Tables.

§ 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.

Page 697

§ 460nn–2

TITLE 16—CONSERVATION

(b) Withdrawal of lands from selection and mining; exceptions
The lands within the recreation area, subject
to valid existing rights, are hereby withdrawn
from State selection under the Alaska Statehood Act or other law, and from location, entry,
and patent under the United States mining laws.
The Secretary under such reasonable regulations as he deems appropriate, may permit the
removal of the nonleasable minerals from lands
or interests in lands within the recreation area
in the manner described by section 387 of title
43, and he may permit the removal of leasable
minerals from lands or interests in lands within
the recreation areas in accordance with the mineral leasing laws, if he finds that such disposition would not have significant adverse effects
on the administration of the recreation areas.
(c) Disposal of receipts
All receipts derived from permits and leases
issued on lands or interest in lands within the
recreation area under the mineral leasing laws
shall be disposed of as provided in such laws; and
receipts from the disposition of nonleasable
minerals within the recreation area shall be disposed of in the same manner as moneys received
from the sale of public lands.
(Pub. L. 96–487, title XIII, § 1312, Dec. 2, 1980, 94
Stat. 2483.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 96–487,
Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National
Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short Title note
set out under section 3101 of this title and Tables.
The Alaska Statehood Act, referred to in subsec. (b),
is Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set
out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For complete classification of this Act to the Code, see Tables.
CODIFICATION
Section was not enacted as part of title IV of Pub. L.
96–487, which comprises this subchapter.

SUBCHAPTER XCIX—ROBERT T. STAFFORD
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 val-

ues 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 Robert T. Stafford
White Rocks National Recreation Area in order
to preserve and protect their existing wilderness
and wild values and to promote wild forest and
aquatic habitat for wildlife, watershed protection, opportunities for primitive and semiprimitive recreation, and scenic, ecological, and
scientific values.
(Pub. L. 98–322, title II, § 201, June 19, 1984, 98
Stat. 256; Pub. L. 110–1, § 1(b), Jan. 17, 2007, 121
Stat. 3.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a)(3), (4), is Pub. L.
98–322, June 19, 1984, 98 Stat. 253. Lands in the Green
Mountain National Forest were designated as wilderness areas by title I of this Act, and are listed in a
table of Wilderness Areas set out under section 1132 of
this title. For complete classification of this Act to the
Code, see Tables.
CHANGE OF NAME
‘‘Robert T. Stafford White Rocks National Recreation
Area’’ substituted in subsec. (b) for ‘‘White Rocks National Recreation Area’’ pursuant to section 1(b) of
Pub. L. 110–1, set out as a note under section 460nn–1 of
this title.

§ 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 Robert T. Stafford
White Rocks National Recreation Area.
(Pub. L. 98–322, title II, § 202, June 19, 1984, 98
Stat. 257; Pub. L. 110–1, § 1(b), Jan. 17, 2007, 121
Stat. 3.)
CHANGE OF NAME
‘‘Robert T. Stafford White Rocks National Recreation
Area’’ substituted in text for ‘‘White Rocks National
Recreation Area’’ pursuant to section 1(b) of Pub. L.
110–1, set out below.
Pub. L. 110–1, § 1, Jan. 17, 2007, 121 Stat. 3, provided
that:
‘‘(a) REDESIGNATION.—The White Rocks National
Recreation Area in the State of Vermont, as established by section 202 of the Vermont Wilderness Act of
1984 (16 U.S.C. 460nn–1), is redesignated as the ‘Robert
T. Stafford White Rocks National Recreation Area’.
‘‘(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United
States to the recreation area referred to in subsection
(a) shall be deemed to be a reference to the Robert T.
Stafford 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

§ 460nn–3

TITLE 16—CONSERVATION

designated by this subchapter with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States
House of Representatives and with the Committee on Agriculture, Nutrition, and Forestry of
the United States Senate. Such map and description shall have the same force and effect as
if included in this subchapter, except that correction of clerical and typographical errors in
such map and description may be made by the
Secretary. Such map and description shall be on
file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture.
(Pub. L. 98–322, title II, § 203, June 19, 1984, 98
Stat. 257.)
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.

§ 460nn–3. Administration
(a) Objectives
Subject to valid existing rights, the Robert T.
Stafford 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 Robert T. Stafford 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

Page 698

the Committee on Agriculture of the United
States House of Representatives and to the
Committee on Agriculture, Nutrition, and Forestry of the United States Senate a comprehensive management plan for the national recreation area designated by this subchapter.
(e) Public participation in development of management plan
In conducting the reviews and preparing the
comprehensive management plan required by
subsection (d) of this section, the Secretary
shall provide for full public participation, shall
consider the views of all interested agencies, organizations, and individuals, and shall particularly emphasize the values enumerated in section 460nn(a)(4) of this title.
(Pub. L. 98–322, title II, § 204, June 19, 1984, 98
Stat. 257; Pub. L. 110–1, § 1(b), Jan. 17, 2007, 121
Stat. 3.)
CHANGE OF NAME
‘‘Robert T. Stafford White Rocks National Recreation
Area’’ substituted in subsecs. (a) and (b) for ‘‘White
Rocks National Recreation Area’’ pursuant to section
1(b) of Pub. L. 110–1, set out as a note under section
460nn–1 of this title.
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.

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;

Page 699

§ 460oo

TITLE 16—CONSERVATION

(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, notwithstand-

ing any other provisions of this section, be administered by the Secretary in accordance with
the applicable provisions of the Wilderness Act
[16 U.S.C. 1131 et seq.]: Certain lands in the Umpqua, Willamette, and Winema National Forests
which comprise approximately fifty-five thousand one hundred acres, are generally depicted
on a map dated March 1984, entitled ‘‘Mount
Thielsen Wilderness—Proposed’’, and which
shall be known as the Mount Thielsen Wilderness; and certain lands in the Willamette and
Deschutes National Forests, which comprise approximately fifteen thousand seven hundred
acres, are generally depicted on a map dated
March 1984, entitled ‘‘Diamond Peak Wilderness
Additions—Proposed’’, and which are hereby incorporated in, and which shall be deemed to be
a part of, the Diamond Peak Wilderness as designated in Public Law 88–577.
(g) Forest plans; integrated management plans
Management direction for the recreation area
shall be developed in either the forest plans developed for the Umpqua, Winema, Deschutes and
Willamette Forests in accordance with section 6
of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended [16
U.S.C. 1604], or in an integrated management
plan that shall be prepared within three years
from June 26, 1984, and revised in accordance
with the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended [16
U.S.C. 1600 et seq.]. Any plan developed by the
Secretary for the recreation area shall identify
and designate specific and appropriate areas and
routes for the use of motorized recreation vehicles within the recreation area.
(Pub. L. 98–328, § 4, June 26, 1984, 98 Stat. 275.)
REFERENCES IN TEXT
This subchapter, referred to in subsec. (a), was in the
original ‘‘the Act’’, meaning Pub. L. 98–328, June 26,
1984, 98 Stat. 272, known as the Oregon Wilderness Act
of 1984, which enacted this subchapter and provisions
listed in a table of Wilderness Areas set out under section 1132 of this title. For complete classification of
this Act to the Code, see Tables.
The Wilderness Act and Public Law 88–577, referred to
in subsec. (f), are Pub. L. 88–577, Sept. 3, 1964, 78 Stat.
890, which is classified generally to chapter 23 (§ 1131 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1131 of this title and Tables.
The Forest and Rangeland Renewable Resources
Planning Act of 1974, referred to in subsec. (g), is Pub.
L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified
generally to subchapter I (§ 1600 et seq.) of chapter 36 of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1600 of
this title and Tables.
MAP OF RECREATION AREA
Section 5(a) of Pub. L. 98–328 provided in part that as
soon as practicable after June 6, 1984, the Secretary of
Agriculture was to file the map referred to in this section with the Committee on Energy and Natural Resources, Senate, and the Committee on Interior and Insular Affairs, House of Representatives, and that such
map would have the same force and effect as if included
in this section: Provided, That correction of clerical and
typographical errors in such map could be made. Such
map was to be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture; and the Director, Bureau of
Land Management, Department of the Interior.

§ 460pp

TITLE 16—CONSERVATION

SUBCHAPTER CI—MOUNT BAKER
RECREATION AREA

Page 700

SUBCHAPTER CII—ALLEGHENY NATIONAL
RECREATION AREA

§ 460pp. Establishment

§ 460qq. 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 BakerSnoqualmie 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.

(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 pre-

(Pub. L. 98–339, § 7, July 3, 1984, 98 Stat. 304.)
REFERENCES IN TEXT
This subchapter, referred to in subsec. (c), was in the
original ‘‘this Act’’, meaning Pub. L. 98–339, July 3,
1984, 98 Stat. 299, known as the Washington State Wilderness Act of 1984, which enacted this subchapter and
provisions listed in a table of Wilderness Areas set out
under section 1132 of this title. For complete classification of this Act to the Code, see Tables.
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.

Page 701

§ 460rr–2

TITLE 16—CONSERVATION

pared in conjunction with, or incorporated with,
ongoing planning for the Allegheny National
Forest in accordance with the National Forest
Management Act of 1976. The initial management plan and significant amendments or revisions shall be accompanied by an environmental
impact statement prepared in accordance with
the National Environmental Policy Act of 1969
[42 U.S.C. 4321 et seq.].
(e) Hunting, fishing, and trapping
The Secretary shall permit hunting, fishing,
and trapping within the boundaries of the national recreation area in accordance with applicable Federal and State laws except that the
Secretary may designate zones where, and establish periods when, no hunting, fishing, or
trapping shall be permitted for reasons of public
safety, administration, or public use and enjoyment. Except in emergencies, any prohibitions
or restrictions made pursuant to this subsection
shall be put into effect only after consultation
with the appropriate State fish and game department.
(f) Withdrawal of minerals from appropriation
and disposition
Subject to valid existing rights, the minerals
in all federally owned lands within the national
recreation area designated by this subchapter
are withdrawn from all forms of appropriation
under the mining laws and from disposition
under all laws pertaining to mineral leasing, including all laws pertaining to geothermal leasing, and all amendments thereto.
(g) Other National Forest management areas unaffected
Nothing in this section shall be construed to
apply to or have any effect on any other management area of the National Forest System, including any wilderness area or any other national recreation area.
(Pub. L. 98–585, § 6, Oct. 30, 1984, 98 Stat. 3101.)
REFERENCES IN TEXT
This subchapter, referred to in subsecs. (a) and (f),
was in the original ‘‘this Act’’, meaning Pub. L. 98–585,
Oct. 30, 1984, 98 Stat. 3100, known as the Pennsylvania
Wilderness Act of 1984, which enacted this subchapter
and provisions listed in a table of Wilderness Areas set
out under section 1132 of this title. For complete classification of this Act to the Code, see Tables.
The National Forest Management Act of 1976, referred to in subsec. (d), is Pub. L. 94–588, Oct. 22, 1976,
90 Stat. 2949, which enacted sections 472a, 521b, 1600,
and 1611 to 1614 of this title, amended sections 500, 515,
516, 518, 576b, and 1601 to 1610 of this title, repealed sections 476, 513, and 514 of this title, and enacted provisions set out as notes under sections 476, 513, 528, 594–2,
and 1600 of this title. For complete classification of this
Act to the Code, see Short Title of 1976 Amendment
note set out under section 1600 of this title and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (d), is Pub. L. 91–190, Jan. 1, 1970, 83
Stat. 852, which is classified generally to chapter 55
(§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
FINDINGS AND PURPOSE; MAP AND DESCRIPTION
For Congressional findings, statement of purpose, and
requirements for filing of maps and legal descriptions

under Pub. L. 98–585, Pennsylvania Wilderness Act of
1984, see sections 2, 3, and 7 of Pub. L. 98–585, Oct. 30,
1984, 98 Stat. 3100, 3102.

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.
(Pub. L. 99–504, title II, § 201, Oct. 20, 1986, 100
Stat. 1804.)
§ 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.
(Pub. L. 99–504, title II, § 202, Oct. 20, 1986, 100
Stat. 1804.)
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.

§ 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

§ 460ss

TITLE 16—CONSERVATION

(6) the control of fires and prevention of
their spreading onto nearby private and Federal lands.
(b) Fire control; Memorandum of Agreement
The Secretary shall enter into a Memorandum
of Agreement with local and State firefighting
agencies and individuals to assure the best utilization of the firefighting resources available in
the nearby communities for control of fire in
the national recreation area.
(c) Hunting, fishing, and trapping
The Secretary shall permit hunting, fishing,
and trapping on lands and waters under the Secretary’s jurisdiction within the boundaries of
the national recreation area designated by this
subchapter in accordance with applicable laws of
the United States and the State of Nebraska.
(d) Mining and mineral leasing laws
Subject to valid existing rights, all Federal
lands within the national recreation area are
hereby withdrawn from location, entry, and patent under the United States mining laws, and
from disposition under all laws pertaining to
mineral and geothermal leasing and all amendments thereto.
(e) State responsibilities with respect to wildlife
and fish unaffected
Nothing in this subchapter shall be construed
as affecting the jurisdiction or responsibilities
of the State of Nebraska with respect to wildlife
and fish in the national recreation area.
(f) Comprehensive management plan
Within eighteen months after October 20, 1986,
the Secretary shall develop and submit to the
Committee on Interior and Insular Affairs and
the Committee on Agriculture of the United
States House of Representatives and to the
Committee on Energy and Natural Resources of
the United States Senate a comprehensive management plan for the national recreation area
designated by this subchapter.
(g) Public participation in development of management plan
In conducting the reviews and preparing the
comprehensive management plan required by
subsection (d) 1 of this section, the Secretary
shall provide for full public participation, and
shall consider the views of all interested agencies, organizations, and individuals.
(Pub. L. 99–504, title II, § 203, Oct. 20, 1986, 100
Stat. 1804.)
REFERENCES IN TEXT
This subchapter, referred to in subsec. (e), was in the
original ‘‘this Act’’, meaning Pub. L. 99–504, Oct. 20,
1986, 100 Stat. 1802, known as the Nebraska Wilderness
Act of 1985, which enacted this subchapter and provisions listed in a table of Wilderness Areas set out under
section 1132 of this title. For complete classification of
this Act to the Code, see Tables.

Page 702

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

CHANGE OF NAME

(Pub. L. 99–552, § 1, Oct. 27, 1986, 100 Stat. 3080.)

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.

Section 8 of Pub. L. 99–552, as added by Pub. L.
100–653, title VI, § 604, Nov. 14, 1988, 102 Stat. 3830, provided that: ‘‘This Act [enacting this subchapter] may

1 So

in original. Probably should be subsection ‘‘(f)’’.

SHORT TITLE

1 So

in original. The semicolon probably should be a period.

Page 703

TITLE 16—CONSERVATION

be cited as the ‘Klamath River Basin Fishery Resources
Restoration Act’.’’
SALMON PLAN AND STUDY
Pub. L. 109–479, title I, § 113(b), Jan. 12, 2007, 120 Stat.
3602, provided that:
‘‘(1) RECOVERY PLAN.—Not later than 6 months after
the date of enactment of this Act [Jan. 12, 2007], the
Secretary of Commerce shall complete a recovery plan
for Klamath River Coho salmon and make it available
to the public.
‘‘(2) ANNUAL REPORT.—Not later than 2 years after the
date of enactment of this Act, and annually thereafter,
the Secretary of Commerce shall submit a report to the
Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee
on Resources [now Committee on Natural Resources]
on—
‘‘(A) the actions taken under the recovery plan and
other law relating to recovery of Klamath River Coho
salmon, and how those actions are specifically contributing to its recovery;
‘‘(B) the progress made on the restoration of salmon spawning habitat, including water conditions as
they relate to salmon health and recovery, with emphasis on the Klamath River and its tributaries below
Iron Gate Dam;
‘‘(C) the status of other Klamath River anadromous
fish populations, particularly Chinook salmon; and
‘‘(D) the actions taken by the Secretary to address
the calendar year 2003 National Research Council recommendations regarding monitoring and research on
Klamath River Basin salmon stocks.’’

§ 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 section
460ss–3 of this title, formulate, establish, and
implement a 20-year program to restore the
anadromous fish populations of the Area to optimum levels and to maintain such levels. The
program shall be based on the Klamath River
Basin Fisheries Resource Plan referred to in
section 460ss(6) of this title and shall be known
as the Klamath River Basin Conservation Area
Restoration Program.
(2) Program activities
In carrying out the objectives of the program, the Secretary, in cooperation with the
task force established under section 460ss–3 of
this title, shall—
(A) monitor and coordinate research evaluating the Area anadromous fish populations
and administer and evaluate the success of
activities described in subparagraph (B); and
(B) take such actions as are necessary to—
(i) improve and restore Area habitats,
and to promote access to blocked Area
habitats, to support increased run sizes;
(ii) rehabilitate problem watersheds in
the Area to reduce negative impacts on
fish and fish habitats;
(iii) improve existing Area hatcheries
and rearing ponds to assist in rebuilding
the natural populations;

§ 460ss–2

(iv) implement an intensive, short-term
stocking program to rebuild run sizes
while maintaining the genetic integrity
and diversity of Area subbasin stocks; and
(v) improve upstream and downstream
migration by removal of obstacles to fish
passage and the provision of facilities for
avoiding obstacles.
(3) Restoration work
To the extent practicable, any restoration
work performed under paragraph (2)(B) shall
be performed by unemployed—
(A) commercial fishermen;
(B) Indians; and
(C) other persons whose livelihood depends
upon Area fishery resources.
(4) Memorandum of agreement
In order to facilitate the implementation of
any activity described in paragraph (2) over
which the Secretary does not have jurisdiction, the Secretary shall enter into a memorandum of agreement with the Federal, State,
and local agencies having jurisdiction over
such activities, and the Area Indian tribes.
The memorandum of agreement shall specify
the program activities for which the respective signatories to the agreement are responsible and shall contain such provisions as are
necessary to ensure the coordinated implementation of the program.
(Pub. L. 99–552, § 2, Oct. 27, 1986, 100 Stat. 3081.)
§ 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).

§ 460ss–2

TITLE 16—CONSERVATION

(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.
1 So

in original. Probably should be ‘‘knowledgeable’’.

Page 704

(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 ex-

Page 705

TITLE 16—CONSERVATION

penses under section 5703 of title 5. Any Council member who is an employee of an agency
or governmental unit and is eligible for travel
expenses from that agency or unit for performing services for the Council is not eligible for
travel expenses under this paragraph.
(2) Limitation on spending authority
No money authorized to be appropriated
under section 460ss–5 of this title may be used
to reimburse any agency or governmental unit
(whose employees are Council members) for
time spent by any such employee performing
Council duties.
(Pub. L. 99–552, § 3, Oct. 27, 1986, 100 Stat. 3082;
Pub. L. 100–653, title VI, §§ 602(a), 603(1), (2), Nov.
14, 1988, 102 Stat. 3830.)
AMENDMENTS
1988—Subsec. (g)(1). Pub. L. 100–653, § 602(a), substituted ‘‘Procedures’’ for ‘‘Decisions of Council’’ as
par. heading and amended text generally. Prior to
amendment, text read as follows: ‘‘All decisions of the
Council must be by unanimous vote of all of the members.’’
Subsec. (i). Pub. L. 100–653, § 603(1), substituted ‘‘, the
State of California, or the State of Oregon’’ for ‘‘or the
State of California’’.
Subsec. (j)(1). Pub. L. 100–653, § 603(2), inserted provision at end that any Council member who is employee
of agency or governmental unit and is eligible for travel expenses from that agency or unit for performing
services for Council not be eligible for travel expenses
under this par.

§ 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.

§ 460ss–3

(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.
1 So
2 So

in original. The comma probably should be a period.
in original. Probably should be followed by a period.

§ 460ss–4

TITLE 16—CONSERVATION

(3) Meetings
The Task Force shall meet at the call of the
Chairman or upon the request of a majority of
its members.
(g) Staff and administration
(1) Administrative support
The Secretary and the Director of the California Department of Fish and Game shall provide the Task Force with the administrative
and technical support services necessary for
the effective functioning of the Task Force.
(2) Information
The Secretary and the Director of the California Department of Fish and Game shall furnish the members of the Task Force with relevant information concerning the Area.
(3) Organization
The Task Force shall determine its organization, and prescribe the practices and procedures for carrying out its functions under subsection (b) of this section.
(h) Members who are Federal or State employees
Any Task Force member who is an officer or
employee of the United States, the State of California, or the State of Oregon at the time of appointment to the Task Force shall cease to be a
member of the Task Force within 14 days of the
date on which he ceases to be so employed.
(i) Expenses
(1) Travel expenses
While away from their homes or regular
places of business in the performance of services for the Task Force, Task Force members
shall be allowed travel expenses, including a
per diem allowance in lieu of subsistence, in
the same manner as persons employed intermittently in the Government service are allowed travel expenses under section 5703 of
title 5. Any Task Force member who is an employee of an agency or governmental unit and
is eligible for travel expenses from that agency or unit for performing services for the Task
Force is not eligible for travel expenses under
this paragraph.
(2) Limitation on spending authority
No money authorized to be appropriated
under section 460ss–5 of this title may be used
to reimburse any agency or governmental unit
(whose employees are Task Force members)
for time spent by any such employee performing Task Force duties.
(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.
(Pub. L. 99–552, § 4, Oct. 27, 1986, 100 Stat. 3084;
Pub. L. 100–580, § 12(a), Oct. 31, 1988, 102 Stat.

Page 706

2935; Pub. L. 100–653, title VI, §§ 601, 602(b), 603(1),
Nov. 14, 1988, 102 Stat. 3829, 3830; Pub. L. 102–570,
§ 2, Oct. 29, 1992, 106 Stat. 4490.)
AMENDMENTS
1992—Subsec. (j). Pub. L. 102–570 added subsec. (j).
1988—Subsec. (c). Pub. L. 100–580, § 12(a)(A), substituted ‘‘14’’ for ‘‘12’’ in introductory provisions.
Subsec. (c)(11), (12). Pub. L. 100–580, § 12(a)(B), added
pars. (11) and (12).
Subsec. (f)(1). Pub. L. 100–653, § 602(b), substituted
‘‘Procedures’’ for ‘‘Decisions of Task Force’’ as par.
heading and amended text generally. Prior to amendment, text read as follows: ‘‘All decisions of the Task
Force must be by unanimous vote of all the members.’’
Subsec. (h). Pub. L. 100–653, § 603(1), substituted ‘‘, the
State of California, or the State of Oregon’’ for ‘‘or the
State of California’’.
Subsec. (i). Pub. L. 100–653, § 601, substituted ‘‘Expenses’’ for ‘‘Limitation on spending authority’’ in
heading and amended text generally, designating existing provisions as par. (2) and adding par. (1).
SPECIAL RULE
Section 12(b) of Pub. L. 100–580 provided that: ‘‘The
initial term of the representative appointed pursuant
to section 4(c)(11) and (12) of such Act [16 U.S.C.
460ss–3(c)(11), (12)] (as added by the amendment made
by subsection (a)) shall be for that time which is the remainder of the terms of the members of the Task Force
then serving. Thereafter, the term of such representatives shall be as provided in section 4(e) of such Act.’’

§ 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.
(Pub. L. 99–552, § 5, Oct. 27, 1986, 100 Stat. 3085.)
§ 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
sections 460ss–2(j) and 460ss–3(i) of this title.
Monies appropriated under this subsection shall
remain available until expended or October 1,
2006, whichever first occurs.
(b) Cost-sharing
(1) 50 percent of the cost of the development
and implementation of the program must be
provided by one or more non-Federal sources on
a basis considered by the Secretary to be timely
and appropriate. For purposes of this subsection,
the term ‘‘non-Federal source’’ includes a State
1 So
2 So

in original. No subsec. (b) has been enacted.
in original. Probably should be ‘‘of the’’.

Page 707

TITLE 16—CONSERVATION

or local government, any private entity, and any
individual.
(2) In addition to cash outlays, the Secretary
shall consider as financial contributions by a
non-Federal source the value of inkind contributions and real and personal property provided by
the source for purposes of implementing the program. Valuations made by the Secretary under
this paragraph are final and not subject to judicial review.
(3) For purposes of paragraph (2), inkind contributions may be in the form of, but are not
limited to, personal services rendered by volunteers.
(4) The Secretary shall by regulation establish—
(A) the training, experience, and other qualifications which such volunteers must have in
order for their services to be considered as inkind contributions; and
(B) the standards under which the Secretary
will determine the value of inkind contributions and real and personal property for purposes of paragraph (2).
(5) The Secretary may not consider the expenditure, either directly or indirectly, with respect to the program of Federal moneys received
by a State or local government to be a financial
contribution by a non-Federal source to carry
out the program.
(Pub. L. 99–552, § 6, Oct. 27, 1986, 100 Stat. 3085;
Pub. L. 100–653, title VI, § 603(3), (4), Nov. 14, 1988,
102 Stat. 3830.)
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–653, § 603(3), inserted
‘‘and for the payment of travel expenses under sections
460ss–2(j) and 460ss–3(i) of this title’’ before period at
end of first sentence.
Subsec. (b)(3). Pub. L. 100–653, § 603(4), struck out ‘‘in
carrying out surveys, censuses, and other scientific
studies’’ after ‘‘volunteers’’.

§ 460ss–6. Definitions
As used in this subchapter—
(1) The term ‘‘program’’ means the Klamath
River Basin Conservation Area Restoration
Program established under section 460ss–1(b)
of this title.
(2) The term ‘‘Secretary’’ means the Secretary of the Interior.
(Pub. L. 99–552, § 7, Oct. 27, 1986, 100 Stat. 3086.)
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 (56 Stat. 703), shall be deauthorized by operation of law immediately upon the Governor and
Cabinet of the State of Florida adopting a resolution specifically agreeing on behalf of the
State of Florida (hereinafter in this section referred to as the ‘‘State’’) to all of the terms of
the agreement prescribed in subsection (b) of
this section.

§ 460tt

(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 coun-

§ 460uu

TITLE 16—CONSERVATION

ties 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

Page 708

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.
(Pub. L. 99–662, title XI, § 1114, Nov. 17, 1986, 100
Stat. 4232; Pub. L. 101–640, title IV, § 402, Nov. 28,
1990, 104 Stat. 4644; Pub. L. 102–580, title I,
§ 102(e), Oct. 31, 1992, 106 Stat. 4805.)
REFERENCES IN TEXT
Act of July 23, 1942, referred to in subsec. (a), is act
July 23, 1942, ch. 520, 56 Stat. 703, as amended. See National Defense Pipe Lines note set out preceding section 715 of Title 15, Commerce and Trade.
AMENDMENTS
1992—Subsecs. (f), (g). Pub. L. 102–580 added subsec. (f)
and redesignated former subsec. (f) as (g).
1990—Pub. L. 101–640 amended section generally. Prior
to amendment, section consisted of subsecs. (a) to (i)
which established the Cross Florida National Conservation Area, designated to it lands held for high-level
barge canal project, required that certain portions of
the barge canal project be operated and maintained for
navigation, recreation, and fish and wildlife enhancement and for economic benefit of the region, provided
for State of Florida to retain jurisdiction and responsibility over water resources planning, development,
and control of surface and ground waters, required the
Secretary to develop comprehensive management plan,
directed operation of Rodman Dam to assure continuation of Lake Ocklawaha reservoir, required acquisition of lands held by Florida Canal Authority for barge
canal project and lands held by State of Florida or
Canal Authority which were acquired pursuant to section 104 of the River and Harbor Act of 1960, and set
forth conditions for effectiveness of certain provisions.

SUBCHAPTER CVI—EL MALPAIS NATIONAL
MONUMENT AND CONSERVATION AREA
PART A—EL MALPAIS NATIONAL MONUMENT
§ 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

Page 709

§ 460uu–12

TITLE 16—CONSERVATION

Monument and National Conservation Area’’
numbered NM–ELMA–80,001–B and dated May
1987. The map shall be on file and available for
public inspection in the offices of the Director of
the National Park Service, Department of the
Interior.
(b) As soon as practicable after December 31,
1987, the Secretary of the Interior (hereinafter
referred to as the ‘‘Secretary’’) shall file a legal
description of the monument with the Committee on Interior and Insular Affairs of the United
States House of Representatives and with the
Committee on Energy and Natural Resources of
the United States Senate. Such legal description
shall have the same force and effect as if included in this subchapter, except that the Secretary may correct clerical and typographical
errors in such legal description and in the map
referred to in subsection (a) of this section. The
legal description shall be on file and available
for public inspection in the offices of the National Park Service, Department of the Interior.
(Pub. L. 100–225, title I, § 101, Dec. 31, 1987, 101
Stat. 1539.)
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.

§ 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.
(Pub. L. 100–225, title I, § 102, Dec. 31, 1987, 101
Stat. 1539.)
§ 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, sections 1, 2, 3, and 4 of this
title, and other provisions of law applicable to
units of the National Park System. The Secretary shall protect, manage, and administer
the monument for the purposes of preserving the
scenery and the natural, historic, and cultural
resources of the monument and providing for
the public understanding and enjoyment of the
same in such a manner as to perpetuate these
qualities for future generations.

pied or utilized on December 31, 1987, for grazing
purposes, pursuant to a lease, permit, or license
which is—
(a) for a fixed term of years issued or authorized by any department, establishment, or
agency of the United States, and
(b) scheduled for termination before December 31, 1997,
the Secretary, notwithstanding any other provision of law, shall allow the persons holding such
grazing privileges (or their heirs) to retain such
grazing privileges until December 31, 1997, subject to such limitations, conditions, or regulations as the Secretary may prescribe to insure
proper range management. No grazing shall be
permitted on lands within the boundaries of the
monument on or after January 1, 1998.
(Pub. L. 100–225, title I, § 104, Dec. 31, 1987, 101
Stat. 1540.)
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’’).
(Pub. L. 100–225, title II, § 201, Dec. 31, 1987, 101
Stat. 1540.)
§ 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
section 460uu–11 of this title, designate additional segments of the trail from time to time
as appropriate to link the foregoing sites with
other cultural sites or sites of national significance when such sites are designated and protected by Federal, State, or local governments,
Indian tribes, or nonprofit entities.

§ 460uu–3. Grazing permits

(Pub. L. 100–225, title II, § 202, Dec. 31, 1987, 101
Stat. 1540; Pub. L. 100–567, § 10, Oct. 31, 1988, 102
Stat. 2852; Pub. L. 101–313, title III, § 301, June 27,
1990, 104 Stat. 279.)

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 occu-

1990—Pub. L. 101–313 inserted reference to Petroglyph
National Monument.

(Pub. L. 100–225, title I, § 103, Dec. 31, 1987, 101
Stat. 1539.)

1 So

in original. Probably should be ‘‘section’’.

AMENDMENTS

1 So

in original. Probably should be ‘‘roads,’’.

§ 460uu–13

TITLE 16—CONSERVATION

1988—Pub. L. 100–567, which directed substitution of
‘‘Gila Cliff Dwellings National Monument, and ZuniCibola National Historical Park’’ for ‘‘and Gila Cliff
Dwelling National Monument’’ was executed by making
substitution for ‘‘and Gila Cliff Dwellings National
Monument’’ as the probable intent of Congress.

§ 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.
(Pub. L. 100–225, title II, § 203, Dec. 31, 1987, 101
Stat. 1541.)
§ 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.
(Pub. L. 100–225, title II, § 204, Dec. 31, 1987, 101
Stat. 1541.)
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

Page 710

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.
(Pub. L. 100–225, title III, § 301, Dec. 31, 1987, 101
Stat. 1541.)
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.

§ 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 section 460uu–21 of this title and in
accordance with this subchapter, the Federal
Land Management and Policy 1 Act of 1976 [43
U.S.C. 1701 et seq.] and other applicable provisions of law, including those provisions relating
to grazing on public lands.
(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 section
460uu–32(b) of this title, within the conservation
area the grazing of livestock shall be permitted
to continue, pursuant to applicable Federal law,
including this subchapter, and subject to such
reasonable regulations, policies, and practices as
the Secretary deems necessary.
(Pub. L. 100–225, title III, § 302, Dec. 31, 1987, 101
Stat. 1541.)
REFERENCES IN TEXT
The Federal Land Management and Policy Act of
1976, referred to in subsec. (a), probably means the Federal Land Policy and Management Act of 1976, Pub. L.
94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified
principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.
1 So

in original. See References in Text note below.

Page 711

§ 460uu–41

TITLE 16—CONSERVATION
PART D—WILDERNESS

§ 460uu–31. Designation; description of area
(a) In furtherance of the purposes of the Wilderness Act (78 Stat. 890) [16 U.S.C. 1131 et seq.],
there are hereby designated as wilderness, and,
therefore, as components of the National Wilderness Preservation System, the Cebolla Wilderness of approximately 60,000 acres, and the West
Malpais Wilderness of approximately 38,210
acres, as each is 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 inspection
in the offices of the Director of the Bureau of
Land Management, Department of the Interior.
(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.
(Pub. L. 100–225, title IV, § 401, Dec. 31, 1987, 101
Stat. 1542.)
REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (a), 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.
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.

§ 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 [16 U.S.C. 1131 et seq.] governing
areas designated by that Act as wilderness, except that any reference in such provisions to the
effective date of the Wilderness Act shall be
deemed to be a reference to December 31, 1987.
(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 [16 U.S.C. 1131 et

seq.] and section 108 of Public Law 96–560 (16
U.S.C. 1133 note).
(Pub. L. 100–225, title IV, § 402, Dec. 31, 1987, 101
Stat. 1542.)
REFERENCES IN TEXT
The Wilderness Act, referred to in text, is Pub. L.
88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (§ 1131 et seq.) of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 1131 of
this title and Tables.
The effective date of the Wilderness Act, referred to
in subsec. (a), means Sept. 3, 1964, the date of enactment of Pub. L. 88–577, which enacted chapter 23 of this
title.

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 1 Resources Protection Act of
1979 [16 U.S.C. 470aa et seq.] and the National
Historic Preservation Act [16 U.S.C. 470 et
seq.] within the monument and the conservation area. The natural and cultural resources
management plans shall be prepared in close
consultation with the Advisory Council on
Historic Preservation, the New Mexico State
Historic Preservation Office, and the local Indian people and their traditional cultural and
religious authorities; and such plans shall provide for long-term scientific use of archaeological resources in the monument and the
conservation area, including the wilderness
areas designated by this subchapter; and
(4) wildlife resources management plans for
the monument and the conservation area pre1 So

in original. Probably should be ‘‘Archaeological’’.

§ 460uu–42

TITLE 16—CONSERVATION

pared 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 section
460uu of this title.
(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 section 460uu of
this title.
(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 section 460uu of this title.
(Pub. L. 100–225, title V, § 501, Dec. 31, 1987, 101
Stat. 1543.)
REFERENCES IN TEXT
The fiscal year of enactment of this subchapter, referred to in subsec. (a), is the fiscal year of the enactment of Pub. L. 100–225, which enacted this subchapter,
and was approved Dec. 31, 1987.
The Archaeological Resources Protection Act of 1979,
referred to in subsec. (a)(3), is Pub. L. 96–95, Oct. 31,
1979, 93 Stat. 721, which is classified generally to chapter 1B (§ 470aa et seq.) of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 470aa of this title and Tables.
The National Historic Preservation Act, referred to
in subsec. (a)(3), is Pub. L. 89–665, Oct. 15, 1966, 80 Stat.
915, as amended, which is classified generally to subchapter II (§ 470 et seq.) of chapter 1A of this title. For
complete classification of this Act to the Code, see section 470 of this title and Tables.
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.

§ 460uu–42. Acquisition of lands and interests
Within the monument and the conservation
area, the Secretary is authorized to acquire

Page 712

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.
(Pub. L. 100–225, title V, § 502, Dec. 31, 1987, 101
Stat. 1544.)
REFERENCES IN TEXT
The fiscal year of enactment of this subchapter, referred to in text, is the fiscal year of the enactment of
Pub. L. 100–225, which enacted this subchapter, and was
approved Dec. 31, 1987.

§ 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 sections 1712 and
1716 of title 43, has identified as appropriate for
transfer to the State in exchange for State
lands. Such listing shall be updated at least annually. If the New Mexico Commissioner of Public Lands gives notice to the Secretary of the
State’s desire to obtain public lands so listed,
the Secretary shall notify the Commissioner in
writing as to whether the Department of the Interior considers the State lands within the
monument or conservation area to be of approximately equal value to the listed lands or
interests in lands the Commissioner has indicated the State desires to obtain. It is the sense
of the Congress that the exchange of lands and
interests therein with the State pursuant to this
section should be completed within two years
after December 31, 1987.
(Pub. L. 100–225, title V, § 503, Dec. 31, 1987, 101
Stat. 1544.)
§ 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

Page 713

§ 460uu–45

TITLE 16—CONSERVATION

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 [43 U.S.C. 1701 et
seq.]; and
(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.
(Pub. L. 100–225, title V, § 504, Dec. 31, 1987, 101
Stat. 1545.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (a)(3)(A), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43,

Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section
1701 of Title 43 and Tables.
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.

§ 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 [43 U.S.C. 1701 et seq.].
(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 section 460uu–3 of this title and all other provisions
of this subchapter and other law applicable to
lands designated by this subchapter as part of
the monument shall apply to such incorporated
lands.
(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 section
460uu–21 of this title available for transfer to the
Pueblo of Acoma pursuant to this subsection.

§ 460uu–46

TITLE 16—CONSERVATION

(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.
(Pub. L. 100–225, title V, § 505, Dec. 31, 1987, 101
Stat. 1545.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (a)(1)(B), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43,
Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section
1701 of Title 43 and Tables.

§ 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 [43 U.S.C.
1701 et seq.].
(c) Incorporation and management of after-acquired lands
Except as otherwise provided in section
460uu–45 of this title, any lands or interests
therein within the boundaries of the monument
or conservation area which after December 31,
1987, may be acquired by the United States shall
be incorporated into the monument or conservation area, as the case may be, and managed accordingly, and all provisions of this subchapter
and other laws applicable to the monument or

Page 714

the conservation area, as the case may be, shall
apply to such incorporated lands.
(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 (76
Stat. 436) is hereby amended by striking the remaining portion of section 1 after ‘‘boundaries
of the monument’’ and inserting ‘‘shall include
the lands and interests in lands as generally depicted on the map entitled ‘Capulin Volcano National Monument Boundary Map’ which is numbered 125–80,014 and dated January 1987.’’.
(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.
(Pub. L. 100–225, title V, § 506, Dec. 31, 1987, 101
Stat. 1546.)

Page 715

§ 460uu–49

TITLE 16—CONSERVATION
REFERENCES IN TEXT

The Federal Land Policy and Management Act of
1976, referred to in subsec. (b), is Pub. L. 94–579, Oct. 21,
1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.
Act of September 5, 1962, referred to in subsec. (g)(3),
is Pub. L. 87–635, Sept. 5, 1962, 76 Stat. 436, which enacted provisions listed in the National Monuments Established Under Presidential Proclamation table set
out under section 431 of this title.

§ 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 (42 U.S.C. 1996 [, 1996a]), and (with respect
to areas designated as wilderness) the Wilderness Act (78 Stat. 890) [16 U.S.C. 1131 et seq.].
(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 section
460uu–41 of this title, the Secretary shall request
that the Governor of the Pueblo of Acoma and
the chief executive officers of other appropriate
Indian tribes make recommendations on methods of—
(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 [42 U.S.C. 1996, 1996a], the Secretary,
upon the request of an appropriate Indian tribe,
may from time to time temporarily close to general public use one or more specific portions of
the monument or the conservation area in order
to protect the privacy of religious activities in
such areas by Indian people. Any such closure
shall be made so as to affect the smallest practicable area for the minimum period necessary
for such purposes. Not later than seven days
after the initiation of any such closure, the Secretary shall provide written notification of such
action to the Energy and Natural Resources
Committee of the United States Senate and the
Natural Resources Committee of the House of
Representatives.
(d) Advisory committee; membership
The Secretary is authorized to establish an advisory committee to advise the Secretary con-

cerning 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.
(Pub. L. 100–225, title V, § 507, Dec. 31, 1987, 101
Stat. 1548; Pub. L. 103–437, § 6(d)(19), Nov. 2, 1994,
108 Stat. 4584.)
REFERENCES IN TEXT
The American Indian Religious Freedom Act, referred to in subsecs. (a) and (c), is Pub. L. 95–341, Aug.
11, 1978, 92 Stat. 469, as amended, which is classified to
sections 1996 and 1996a of Title 42, The Public Health
and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section
1996 of Title 42 and Tables.
The Wilderness Act, referred to in subsec. (a), 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.
AMENDMENTS
1994—Subsec. (c). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ before
‘‘Committee of the House’’.
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 Pub. L.
92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix
to Title 5, Government Organization and Employees.

§ 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 section
460uu–41 of this title.
(Pub. L. 100–225, title V, § 508, Dec. 31, 1987, 101
Stat. 1548.)
§ 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

§ 460uu–50

TITLE 16—CONSERVATION

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.
(Pub. L. 100–225, title V, § 509, Dec. 31, 1987, 101
Stat. 1549.)
§ 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.
(Pub. L. 100–225, title V, § 510, Dec. 31, 1987, 101
Stat. 1549.)
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 re-

Page 716

view 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.
(Pub. L. 100–499, § 2, Oct. 18, 1988, 102 Stat. 2491.)
SHORT TITLE
Section 1 of Pub. L. 100–499 provided that: ‘‘This Act
[enacting this subchapter] may be referred to as the
‘Winding Stair Mountain National Recreation and Wilderness Area Act’.’’

§ 460vv–1. Additions to National Wilderness Preservation System
In furtherance of the purposes of the Wilderness Act of 1964 (78 Stat. 890, 16 U.S.C. 1131 et
seq.) the following lands in the State of Oklahoma are hereby designated as wilderness and,
therefore, as components of the National Wilderness Preservation System:
(1) Certain lands in the Ouachita National
Forest, Oklahoma, which comprise approxi-

Page 717

TITLE 16—CONSERVATION

mately 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.
(Pub. L. 100–499, § 3, Oct. 18, 1988, 102 Stat. 2492.)
REFERENCES IN TEXT
The Wilderness Act of 1964, referred to in text, probably means the Wilderness Act, 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.

§ 460vv–2. Maps and descriptions
As soon as practicable after October 18, 1988,
the Secretary of Agriculture shall file the maps
referred to in section 460vv–1 of this title and
legal descriptions of each wilderness area designated by section 460vv–1 of this title 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 descriptions and maps may be
made. Each 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.
(Pub. L. 100–499, § 4, Oct. 18, 1988, 102 Stat. 2492.)
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.

§ 460vv–3. Administration
Subject to valid existing rights, each wilderness area designated by section 460vv–1 of this
title shall be administered by the Secretary of
Agriculture in accordance with the provisions of
the Wilderness Act of 1964 [16 U.S.C. 1131 et seq.]
governing areas designated by that Act as wilderness areas, except that with respect to any
area designated in section 460vv–1 of this title,
any reference in such provisions to the effective
date of the Wilderness Act of 1964 shall be
deemed to be a reference to the effective date of
this subchapter.
(Pub. L. 100–499, § 5, Oct. 18, 1988, 102 Stat. 2492.)
REFERENCES IN TEXT
The Wilderness Act of 1964, referred to in text, probably means the Wilderness Act, 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 com-

§ 460vv–4

plete classification of this Act to the Code, see Short
Title note set out under section 1131 of this title and
Tables.
The effective date of the Wilderness Act of 1964, referred to in text, means Sept. 3, 1964, the date of enactment of Pub. L. 88–577, which enacted chapter 23 of this
title.
The effective date of this subchapter, referred to in
text, means Oct. 18, 1988, the date of enactment of Pub.
L. 100–499, which enacted this subchapter.

§ 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 [16 U.S.C. 1600 et seq.], as
amended by the National Forest Management
Act of 1976, to be an adequate consideration of
the suitability of such lands for inclusion in
the National Wilderness Preservation System
and the Department of Agriculture shall not
be required to review the wilderness option
prior to the revision of the plans, but shall review the wilderness option when the plans are
revised, which revisions will ordinarily occur
on a ten-year cycle, or at least every fifteen
years, unless, prior to such time the Secretary
of Agriculture finds that conditions in a unit
have significantly changed;
(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 [16 U.S.C. 1604], as amended by the National Forest Management Act of 1976, except
that such areas need not be managed for the
purpose of protecting their suitability for wilderness designation prior to or during revision
of the initial land management plans;

§ 460vv–5

TITLE 16—CONSERVATION

(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 [16 U.S.C. 1604], as amended by the
National Forest Management Act of 1976, and
other applicable law, areas not recommended
for wilderness designation need not be managed for the purpose of protecting their suitability for wilderness designation prior to or
during revision of such plans, and areas recommended for wilderness designation shall be
managed for the purpose of protecting their
suitability for wilderness designation as may
be required by the Forest and Rangeland Renewable Resources Planning Act of 1974 [16
U.S.C. 1600 et seq.], as amended by the National Forest Management Act of 1976, and
other applicable law; and
(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 [16 U.S.C. 1604],
as amended by the National Forest Management
Act of 1976, the term ‘‘revision’’ shall not include an ‘‘amendment’’ to a plan.
(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.
(Pub. L. 100–499, § 6, Oct. 18, 1988, 102 Stat. 2493.)
REFERENCES IN TEXT
The Forest and Rangeland Renewable Resources
Planning Act of 1974, referred to in subsec. (b)(2), (4), is
Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, as amended,
which is classified generally to subchapter I (§ 1600 et
seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 1600 of this title and Tables.
The National Forest Management Act of 1976, referred to in subsecs. (b)(2)–(4) and (c), is Pub. L. 94–588,
Oct. 22, 1976, 90 Stat. 2949, as amended, which enacted
sections 472a, 521b, 1600, and 1611 to 1614 of this title,
amended sections 500, 515, 516, 518, 576b, and 1601 to 1610
of this title, repealed sections 476, 513, and 514 of this
title, and enacted provisions set out as notes under sections 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short
Title of 1976 Amendment note set out under section 1600
of this title and Tables.

§ 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 buff-

Page 718

er 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.
(Pub. L. 100–499, § 7, Oct. 18, 1988, 102 Stat. 2494.)
§ 460vv–6. Winding Stair
Recreation Area

Mountain

National

(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

Page 719

§ 460vv–8

TITLE 16—CONSERVATION

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.
(Pub. L. 100–499, § 8, Oct. 18, 1988, 102 Stat. 2494.)
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.

§ 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 section 460vv–14 of
this title, vegetative manipulation, including
the cutting of trees, shall be permitted in such
areas only when necessary for the protection

and interpretation of the unique plant species
and unique plant communities within the area.
The Secretary may permit expansion of roads,
improvements, and other facilities in the vicinity of the Robert S. Kerr Nature Center.
(Pub. L. 100–499, § 9, Oct. 18, 1988, 102 Stat. 2495.)
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.

§ 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 irregu-

§ 460vv–9

TITLE 16—CONSERVATION

lar cuts behind geographic barriers blocking the
view from the Talimena Drive and the Holson
Valley Road.
(Pub. L. 100–499, § 10, Oct. 18, 1988, 102 Stat. 2496.)
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.

§ 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.
(Pub. L. 100–499, § 11, Oct. 18, 1988, 102 Stat. 2496.)
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.

§ 460vv–10. Nomenclature
The wilderness areas, the national recreation
area, the national scenic and wildlife area, the

Page 720

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’’.
(Pub. L. 100–499, § 12, Oct. 18, 1988, 102 Stat. 2497.)
§ 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.
(Pub. L. 100–499, § 13, Oct. 18, 1988, 102 Stat. 2497;
Pub. L. 103–437, § 6(d)(20), Nov. 2, 1994, 108 Stat.
4584.)
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Natural Resources’’
for ‘‘Interior and Insular Affairs’’ after ‘‘Committee
on’’.

§ 460vv–12. Advisory committee
Pursuant to the Federal Advisory Committee
Act (Public Law 92–463), no later than 90 days
after October 18, 1988, the Secretary is directed
to establish an advisory committee for Ouachita
National Forest lands in Le Flore County, Oklahoma. The Committee’s purpose shall be advisory in nature and the Committee shall provide
information and recommendations to the Secretary regarding the operation of the Ouachita
National Forest in Le Flore County. The Committee shall be composed of representatives
from the local area in which the Ouachita National Forest is located equally divided among
conservation, timber, fish and wildlife, tourism
and recreation, and economic development interests.
(Pub. L. 100–499, § 14, Oct. 18, 1988, 102 Stat. 2497.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
text, 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.
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

Page 721

TITLE 16—CONSERVATION

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 Pub.
L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 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 section 460vv–12 of this title regarding the development and implementation of the amendment required under this subsection.
(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.
(Pub. L. 100–499, § 15, Oct. 18, 1988, 102 Stat. 2498.)
REFERENCES IN TEXT
The National Forest Management Act, referred to in
subsec. (a), probably means the National Forest Man-

§ 460vv–17

agement Act of 1976, Pub. L. 94–588, Oct. 22, 1976, 90
Stat. 2949, as amended, which enacted sections 472a,
521b, 1600, and 1611 to 1614 of this title, amended sections 500, 515, 516, 518, 576b, and 1601 to 1610 of this title,
repealed sections 476, 513, and 514 of this title, and enacted provisions set out as notes under sections 476, 513,
528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976
Amendment note set out under section 1600 of this title
and Tables.
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 Pub. L.
92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 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
1133(d)(1) of this title, the Secretary may take
such measures as may be necessary to control
fire, insects, and diseases within the wilderness
areas designated by this subchapter.
(Pub. L. 100–499, § 16, Oct. 18, 1988, 102 Stat. 2498.)
§ 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.
(Pub. L. 100–499, § 17, Oct. 18, 1988, 102 Stat. 2499.)
§ 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.
(Pub. L. 100–499, § 18, Oct. 18, 1988, 102 Stat. 2499.)
§ 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.
(Pub. L. 100–499, § 19, Oct. 18, 1988, 102 Stat. 2499.)

§ 460vv–18

TITLE 16—CONSERVATION

§ 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
section 460l–9(a)(1) of this title, the Secretary of
Agriculture may acquire by purchase, exchange,
donation or otherwise any right, title, and interest in lands in Le Flore County, Oklahoma,
which are outside the boundaries of the
Ouachita National Forest. No such right, title or
interest may be acquired without the consent of
the owner thereof. All lands and interests therein acquired under this subsection shall be administered by the Secretary of Agriculture in
accordance with the Act of March 1, 1911, commonly referred to as the Weeks Act (36 Stat. 961)
and in accordance with the laws, rules, and regulations generally applicable to units of the national forest system. The Secretary of Agriculture shall extend the boundaries of the
Ouachita National Forest to include such lands.
(Pub. L. 100–499, § 20, Oct. 18, 1988, 102 Stat. 2499.)
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, 36 Stat. 961, as amended, which is classified
to sections 480, 500, 513 to 519, 521, 552, and 563 of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 552 of
this title and Tables.

§ 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.
(Pub. L. 100–499, § 21, Oct. 18, 1988, 102 Stat. 2500.)

Page 722

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.
(Pub. L. 100–534, title II, § 201, Oct. 26, 1988, 102
Stat. 2702; Pub. L. 103–437, § 6(d)(21), Nov. 2, 1994,
108 Stat. 4584.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 100–534,
Oct. 26, 1988, 102 Stat. 2699, known as the West Virginia
National Interest River Conservation Act of 1987, which
enacted this subchapter and sections 460m–26 to
460m–29 of this title, amended sections 460m–15 and 1274
of this title, and enacted provisions set out as notes
under sections 460m–15 and 1274 of this title. For complete classification of this Act to the Code, see Short
Title of 1988 Amendment note set out under section
460m–15 of this title and Tables.
AMENDMENTS
1994—Subsec. (c). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.

§ 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
sections 1, 2, 3, and 4 of this title.
(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,
1 So

in original. Should be ‘‘referred’’.

Page 723

TITLE 16—CONSERVATION

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 section 1278(a) of this title,2
shall apply to the recreation area in the same
manner and to the same extent as such provisions apply to river segments referred to in such
provisions.
(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 section
460ww–4 of this title and such facilities are
within the boundaries of the recreation area.
Such construction shall be subject to the
memorandum of understanding referred to in
subsection (f) of this section.
(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 enhance1 So

in original. Probably should be followed by a period.
2 So in original. The comma probably should not appear.

§ 460ww–1

ment 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.
(4) Access to river
(A) In order to facilitate public safety, use,
and enjoyment of the recreation area, and to
protect, to the maximum extent feasible, the
scenic and natural resources of the area, the
Secretary is authorized and directed to acquire such lands or interests in lands and to
take such actions as are necessary to provide
access by noncommercial entities on the north
side of the Gauley River at the area known as
Woods Ferry utilizing existing roads and
rights-of-way. Such actions by the Secretary
shall include the construction of parking and
related facilities in the vicinity of Woods
Ferry for noncommercial use on lands acquired pursuant to paragraph (3) or on lands
acquired with the consent of the owner thereof
within the boundaries of the recreation area.
(B) If necessary, in the discretion of the Secretary, in order to minimize environmental
impacts, including visual impacts, within portions of the recreation area immediately adjacent to the river, the Secretary may, by contract or otherwise, provide transportation
services for noncommercial visitors, at reasonable cost, between such parking facilities and
the river.
(C) Nothing in subparagraph (A) shall affect
the rights of any person to continue to utilize,
pursuant to a lease in effect on April 1, 1993,
any right of way acquired pursuant to such
lease which authorizes such person to use an
existing road referred to in subparagraph (A).
Except as provided under paragraph (2) relating to access immediately downstream of the
Summersville project, until there is compliance with this paragraph the Secretary is prohibited from acquiring or developing any other
river access points within the recreation area.
(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.
(Pub. L. 100–534, title II, § 202, Oct. 26, 1988, 102
Stat. 2702; Pub. L. 104–333, div. I, title IV,
§ 406(c)(2), Nov. 12, 1996, 110 Stat. 4150.)

§ 460ww–2

TITLE 16—CONSERVATION
REFERENCES IN TEXT

This Act, referred to in subsecs. (a) and (b), is Pub. L.
100–534, Oct. 26, 1988, 102 Stat. 2699, known as the West
Virginia National Interest River Conservation Act of
1987, which enacted this subchapter and sections
460m–26 to 460m–29 of this title, amended sections
460m–15 and 1274 of this title, and enacted provisions
set out as notes under sections 460m–15 and 1274 of this
title. For complete classification of this Act to the
Code, see Short Title of 1988 Amendment note set out
under section 460m–15 of this title and Tables.
AMENDMENTS
1996—Subsec. (e)(4). Pub. L. 104–333 added par. (4).

§ 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 section 460ww–1 of this title
as directly related to the Summersville project
and essential to the operation of that project
shall be transferred without reimbursement to
the administrative jurisdiction of the Secretary.
(c) Protection of existing project
Nothing in this Act shall impair or affect the
requirements of section 1102 of Public Law 99–662
or otherwise affect the authorities of any department or agency of the United States to
carry out the project purposes of the Summersville project, including recreation. In releasing
water from such project, in order to protect public health and safety and to provide for enjoyment of the resources within the recreation
area, other departments and agencies of the
United States shall cooperate with the Secretary to facilitate and enhance whitewater recreational use and other recreational use of the
recreation area.
(Pub. L. 100–534, title II, § 203, Oct. 26, 1988, 102
Stat. 2704.)
REFERENCES IN TEXT
This Act, referred to in subsec. (c), is Pub. L. 100–534,
Oct. 26, 1988, 102 Stat. 2699, known as the West Virginia
National Interest River Conservation Act of 1987, which
enacted this subchapter and sections 460m–26 to
460m–29 of this title, amended sections 460m–15 and 1274
of this title, and enacted provisions set out as notes
under sections 460m–15 and 1274 of this title. For complete classification of this Act to the Code, see Short
Title of 1988 Amendment note set out under section
460m–15 of this title and Tables.
Section 1102 of Public Law 99–662, referred to in subsec. (c), is section 1102 of Pub. L. 99–662, title XI, Nov.
17, 1986, 100 Stat. 4225, which is not classified to the
Code.

§ 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.

Page 724

(Pub. L. 100–534, title II, § 204, Oct. 26, 1988, 102
Stat. 2704.)
§ 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 section 460ww–1(d)
of this title, except that during the four-year period after October 26, 1988, nothing in this Act
shall prohibit the licensing of a project adjacent
to Summersville Dam as proposed by the city of
Summersville, or by any competing project applicant with a permit or license application on
file as of August 8, 1988, if such project complies
with this section. If such project is licensed
within such four-year period, the Secretary
shall modify the boundary map referred to in
section 460ww of this title to relocate the upstream boundary of the recreation area along a
line perpendicular to the river crossing the
point five hundred and fifty feet downstream of
the existing valve house and one thousand two
hundred feet (measured along the river bank)
upstream of United States Geological Survey
Gauge Numbered 03189600, except in making the
modification the Secretary shall maintain within the boundary of the recreation area those
lands identified in the boundary map referred to
in section 460ww of this title which are not necessary to the operation of such project. If
project construction is not commenced within
the time required in such license, or if such license is surrendered at any time, such boundary
modification shall cease to have any force and
effect.

Page 725

§ 460xx

TITLE 16—CONSERVATION

(Pub. L. 100–534, title II, § 205, Oct. 26, 1988, 102
Stat. 2704; Pub. L. 104–333, div. I, title IV,
§ 406(c)(1), Nov. 12, 1996, 110 Stat. 4150.)
REFERENCES IN TEXT
This Act, referred to in subsec. (c), is Pub. L. 100–534,
Oct. 26, 1988, 102 Stat. 2699, known as the West Virginia
National Interest River Conservation Act of 1987, which
enacted this subchapter and sections 460m–26 to
460m–29 of this title, amended sections 460m–15 and 1274
of this title, and enacted provisions set out as notes
under sections 460m–15 and 1274 of this title. For complete classification of this Act to the Code, see Short
Title of 1988 Amendment note set out under section
460m–15 of this title and Tables.
AMENDMENTS
1996—Subsec. (c). Pub. L. 104–333 inserted at end ‘‘If
project construction is not commenced within the time
required in such license, or if such license is surrendered at any time, such boundary modification shall
cease to have any force and effect.’’

§ 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; 86 Stat. 776). The provisions of section 14(b) of such Act (relating to
the charter of the Committee) are hereby waived
with respect to this Advisory Committee.
(Pub. L. 100–534, title II, § 206, Oct. 26, 1988, 102
Stat. 2705.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (c), is Pub. L.
100–534, Oct. 26, 1988, 102 Stat. 2699, known as the West
Virginia National Interest River Conservation Act of
1987, which enacted this subchapter and sections
460m–26 to 460m–29 of this title, amended sections
460m–15 and 1274 of this title, and enacted provisions
set out as notes under sections 460m–15 and 1274 of this
title. For complete classification of this Act to the
Code, see Short Title of 1988 Amendment note set out
under section 460m–15 of this title and Tables.
The Federal Advisory Committee Act, referred to in
subsec. (e), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as
amended, which is set out in the Appendix to Title 5,
Government Organization and Employees.

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 En-

§ 460xx–1

TITLE 16—CONSERVATION

ergy 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.
(Pub. L. 100–696, title I, § 101, Nov. 18, 1988, 102
Stat. 4571.)
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.
SHORT TITLE
Section 1 of Pub. L. 100–696 provided: ‘‘That this Act
[enacting this section, sections 460xx–1 to 460xx–6,
460yy, 460yy–1, 460zz to 460zz–11 of this title, sections
2081 to 2086, 2101 to 2106, 2121, and 2122 of Title 2, The
Congress, and section 640d–31 of Title 25, Indians,
amending sections 2101, 2102, and 2106 of Title 2 and section 640d–11 of Title 25, and enacting provisions set out
as notes under section 431 of this title and section 2101
of Title 2] be cited as the ‘Arizona-Idaho Conservation
Act of 1988’.’’

§ 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 [43 U.S.C. 1701 et seq.]
(hereinafter in this subchapter referred to as
‘‘FLPMA’’).
(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 section 460xx–2 of this
title. The Secretary shall have the power to implement such reasonable limits to visitation and
use of the conservation area as he finds appropriate for the protection of the resources of the
conservation area, including requiring permits
for public use, or closing portions of the conservation area to public use.
(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

Page 726

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.
(Pub. L. 100–696, title I, § 102, Nov. 18, 1988, 102
Stat. 4571.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (a), is Pub. L. 94–579, Oct. 21,
1976, 90 Stat. 2743, which is classified principally to
chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For
complete classification of this Act to the Code, see
Short Title note set out under section 1701 of Title 43
and Tables.

§ 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 section 1737(b) of title 43,
to better implement the plan developed pursuant to subsection (a) of this section.
(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
1737(a) of title 43.
(Pub. L. 100–696, title I, § 103, Nov. 18, 1988, 102
Stat. 4572.)
§ 460xx–3. Advisory Committee
(a) Establishment
The Secretary shall establish a San Pedro Riparian National Conservation Area Advisory

Page 727

§ 460yy–1

TITLE 16—CONSERVATION

Committee, whose purpose shall be to advise the
Secretary with respect to the preparation and
implementation of the comprehensive, longrange plan required pursuant to section 460xx–2
of this title.
(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.
(Pub. L. 100–696, title I, § 104, Nov. 18, 1988, 102
Stat. 4572.)
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 Pub. L.
92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix
to Title 5, Government Organization and Employees.

§ 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.
(Pub. L. 100–696, title I, § 105, Nov. 18, 1988, 102
Stat. 4573.)
§ 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.
(Pub. L. 100–696, title I, § 106, Nov. 18, 1988, 102
Stat. 4573; Pub. L. 103–437, § 6(d)(22), Nov. 2, 1994,
108 Stat. 4584.)
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Natural Resources’’
for ‘‘Interior and Insular Affairs’’ after ‘‘Committee
on’’.

§ 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.
(Pub. L. 100–696, title I, § 107, Nov. 18, 1988, 102
Stat. 4573.)
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.
(Pub. L. 100–696, title II, § 201, Nov. 18, 1988, 102
Stat. 4573.)
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.

§ 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—

§ 460yy–1

TITLE 16—CONSERVATION

(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 sections 1, 2, 3, and 4 of this
title, and in a manner consistent with the purpose of this subchapter.

Page 728

(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 [30
U.S.C. 1001 et seq.].
(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.
(Pub. L. 100–696, title II, § 202, Nov. 18, 1988, 102
Stat. 4574.)
REFERENCES IN TEXT
The Geothermal Steam Act of 1970, referred to in subsec. (g), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566,
which is classified generally to chapter 23 (§ 1001 et seq.)
of Title 30. For complete classification of this Act to
the Code, see Short Title note set out under section
1001 of Title 30 and Tables.
1 So

in original. Probably should not be capitalized.

Page 729

TITLE 16—CONSERVATION

PERMISSION TO HUNT ON RESERVE; RESTRICTIONS
Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1923, provided that: ‘‘with respect to lands and waters under the
jurisdiction of the Secretary of the Interior within the
City of Rocks National Reserve established by title II
of Public Law 100–696 [enacting sections 460yy and
460yy–1 of this title], the Secretary shall hereafter permit hunting in accordance with the otherwise applicable laws of the United States and the State of Idaho,
except that he may designate zones where and periods
when no hunting may be permitted for reasons of public safety, administration, floral and faunal protection
and management, or public use and enjoyment: Provided further, That except in emergencies, any regulation prescribing such restrictions shall be put into effect only after consultation with the appropriate State
agency having jurisdiction over hunting activities’’.

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–2

(Pub. L. 100–696, title VII, § 701, Nov. 18, 1988, 102
Stat. 4599.)
§ 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.
(Pub. L. 100–696, title VII, § 702, Nov. 18, 1988, 102
Stat. 4600.)
§ 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 section 460zz–1
of this title. The Commission shall consist of
the following 22 members appointed by the Secretary of the Interior:
(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.

§ 460zz–2

TITLE 16—CONSERVATION

(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
section 5703 of title 5.
(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.
1 So

in original. Probably should be ‘‘Chairperson’’.

Page 730

(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
section 3109(b) of title 5.
(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:
2 So

in original. Probably should be capitalized.

Page 731

§ 460zz–2

TITLE 16—CONSERVATION

(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
[33 U.S.C. 1251 et seq.] and the Safe Drinking
Water Act (title XIV of the Public Health
Service Act) [42 U.S.C. 300f et seq.] which
pertain to the surface waters of the Mississippi National River and Recreation Area.
(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 recom-

mendations 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.
(Pub. L. 100–696, title VII, § 703, Nov. 18, 1988, 102
Stat. 4600; Pub. L. 101–40, § 4(2), June 20, 1989, 103
Stat. 82; Pub. L. 102–525, title III, § 302, Oct. 26,
1992, 106 Stat. 3441.)
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
Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, also known
as the Federal Water Pollution Control Act, which is
classified generally to chapter 26 (§ 1251 et seq.) of Title
33, Navigation and Navigable Waters. For complete
classification of this Act to the Code, see Short Title
note set out under section 1251 of Title 33 and Tables.
The Safe Drinking Water Act, referred to in subsec.
(i)(2)(D), is title XIV of act July 1, 1944, as added Pub.
L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1660, as amended,
which is classified generally to subchapter XII (§ 300f et
seq.) of chapter 6A of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 201 of
Title 42 and Tables.
AMENDMENTS
1992—Subsec. (i). Pub. L. 102–525 substituted ‘‘3 years
after appointment of the full membership of the Commission’’ for ‘‘3 years after November 18, 1988’’.
1989—Subsec. (d). Pub. L. 101–40 substituted ‘‘and
shall serve’’ for ‘‘to serve’’.

§ 460zz–3

TITLE 16—CONSERVATION

§ 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 section 460zz–1 of this title, is hereby
transferred without consideration to the administrative jurisdiction of the Secretary for use by
him in implementing the purposes of this part,
except as follows:
(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 section 460zz–2 of
this title. The Secretary shall make a determination with respect to the compatibility or
incompatibility of a proposed facility or
undertaking within 60 days of receiving notice
under this subsection. If the Secretary determines that the proposed facility or undertaking is incompatible with the plan, he shall
immediately notify such Federal department,
agency, or instrumentality and request such
department, agency, or instrumentality to
take the actions necessary to conform the proposed facility or undertaking to the plan. The
Federal department, agency, or instrumentality shall, within 60 days after receiving the
Secretary’s request, notify the Secretary of
the specific decisions made in response to the
request. To the extent that such department,
agency, or instrumentality does not then conform such facility or undertaking to the request of the Secretary, the Secretary is directed to notify the Congress in writing of the
incompatibility of such facility or undertaking with the plan approved under section
460zz–2 of this title.
(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

Page 732

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.
(Pub. L. 100–696, title VII, § 704, Nov. 18, 1988, 102
Stat. 4604.)
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 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 con-

Page 733

§ 460zz–5

TITLE 16—CONSERVATION

sistent with the plan under section 460zz–2 of
this title.
(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 section 460zz–2 of
this title. Additionally the Secretary shall in
consultation with the State and its political
subdivisions determine the adequacy of enforcement of such plans, laws, and ordinances,
including review of building permits and zoning variances granted by local governments,
and amendments to local laws and ordinances.
The Secretary shall enter into agreements
with the State or its political subdivisions to
provide, on behalf of the Secretary, professional services necessary for the review of
such local plans, laws, and ordinances, and of
amendments thereto and variances therefrom,
and for the monitoring or the enforcement
thereof by local governments having jurisdiction over any areas to which the management
plan applies.
(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 section
460zz–2 of this title and after a reasonable period of time has elapsed, upon a finding by the
Secretary that such plans, laws and ordinances are nonexistent, are otherwise not in
conformance with the plan or are not being
enforced in a manner consistent with the plan,
and if the Secretary determines that there is
no feasible alternative available to prevent
uses which would be substantially incompatible with the plan, the Secretary may exercise
the authority available to him under the provisions of paragraph (3).
(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 section 460zz–2
of this title, or are not being enforced in a
manner consistent with the plan, the Secretary shall notify the local government authority concerned. The Secretary may withhold from the local government authority concerned or, require reimbursement of, (A) Federal funds made available for implementation
of the plan, or (B) any grant under section
460zz–5(a) of this title if the local plan, law, ordinance, amendment, or variance is not modified to conform with the plan and enforced in
such manner as will carry out the purposes of
this part. If the State has not initiated, within
a 60-day period, such judicial or other action
as necessary to ensure conformity with the
plan, and if noncompliance with the plan or
failure to enforce the plan continues after the

end of such 60-day period, the Secretary may
acquire, subject to appropriations, land or interests in land under this subsection without
the consent of the owner thereof. Land and interests in land acquired pursuant to this subsection shall be restricted to the geographical
area of the local government unit failing to
conform with the plan and shall be limited to
those lands clearly and directly required, in
the judgment of the Secretary, for the protection of the Area in a manner compatible with
the plan.
(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 section 460zz–2
of this title. The provisions of subsection (c), (d),
and (e) of section 460ii–1 of this title shall apply
to the retention of such rights, except that for
purposes of this part, the applicable date shall
be January 1, 1987 in lieu of January 1, 1975 and
the purposes of this part shall be substituted for
the purposes referred to in section 460ii–1(d) of
this title.
(Pub. L. 100–696, title VII, § 705, Nov. 18, 1988, 102
Stat. 4605; Pub. L. 101–40, § 4(1), June 20, 1989, 103
Stat. 82.)
AMENDMENTS
1989—Subsec. (a). Pub. L. 101–40 substituted ‘‘Other’’
for ‘‘Our’’ in third sentence.

§ 460zz–5. State and local assistance and jurisdiction
(a) Grants
Upon approval of the plan under section
460zz–2 of this title, the Secretary is authorized
to make grants to the State of Minnesota, or its
political subdivisions, to cover not more than 50
percent of the cost of acquisition and development within the Area of lands and waters or interests therein in a manner consistent with the
purposes of this part.
(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
1 So

in original. Probably should be ‘‘noncommercial’’.

§ 460zz–6

TITLE 16—CONSERVATION

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.

Page 734

(Pub. L. 100–696, title VII, § 707, Nov. 18, 1988, 102
Stat. 4607.)

gan, 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 section 460l–9
of this title. All federally owned lands within
the national recreation area on May 17, 1990, are
hereby components of the National Forest System and shall be administered by the Secretary
of Agriculture as provided in this subchapter.

PART B—TRI-RIVERS MANAGEMENT

(Pub. L. 101–292, § 2, May 17, 1990, 104 Stat. 185.)

(Pub. L. 100–696, title VII, § 706, Nov. 18, 1988, 102
Stat. 4607.)
§ 460zz–6. Authorization of appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out this part.

§ 460zz–11. Tri-Rivers Management Board

§ 460aaa–2. Administration

(a) Federal representatives
In furtherance of the integrated management
of those portions of the Mississippi, Saint Croix,
and Minnesota Rivers within the Saint PaulMinneapolis 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.

(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 section 460aaa–6 of this
title, and the purposes of this subchapter, the
Secretary shall provide for and maintain traditional public access, including vehicular
roads for general recreational activities such
as camping, hiking, hunting, fishing, and trapping.
(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 section 460aaa–6 of this
title. Such use shall be regulated to protect
the resources of the national recreation area
in a way that minimizes the degradation of
these resources.
(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 con-

(Pub. L. 100–696, title VII, § 711, Nov. 18, 1988, 102
Stat. 4607.)
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.
(Pub. L. 101–292, § 1, May 17, 1990, 104 Stat. 185.)
§ 460aaa–1. Boundaries
The national recreation area shall comprise
all of the Grand Island in Lake Superior, Michi-

Page 735

§ 460aaa–3

TITLE 16—CONSERVATION

cession, 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 section
460aaa–6 of this title.
(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 (16 U.S.C. 497), the Secretary shall, as a condition of acquisition,
issue occupancy and use permits for any privately owned home as of the date of Federal
acquisition of the land within the national
recreation area on which the home is located.
Any such permit shall be issued for an initial
period of 20 years and shall be renewed thereafter for successive 20-year periods so long as
the permittee is in compliance with the purposes of this subchapter, the terms of the permit, and other applicable rules and regulations. Any such permit shall be issued in accordance with the laws, rules, and regulations
of the Secretary pertaining to the National
Forest System, except that such permit shall
be subject to the following special provisions:
(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 section 460aaa–6(b)(4) of
this title and shall be subject to such other
terms and conditions as the Secretary may
prescribe.
(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 re-

moved 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 section 6904 of title 31, lands on Grand Island acquired by the United States after January 1, 1990 shall be considered to have been acquired for addition to a National Forest Wilderness Area (national forest portion of the
National Wilderness Preservation System).
(Pub. L. 101–292, § 3, May 17, 1990, 104 Stat. 185.)
REFERENCES IN TEXT
Act of March 4, 1915, referred to in subsec. (b)(8), is
act Mar. 4, 1915, ch. 144, 38 Stat. 1086, as amended. For
complete classification of this Act to the Code, see
Tables.

§ 460aaa–3. Acquisition
(a) General authority
Subject
to
the
provisions
of
section
460aaa–2(b)(8) of this title and subsection (b) of
this section, the Secretary is authorized and directed to acquire by purchase, gift, exchange, or
otherwise, lands, waters, structures, or interests
therein, including scenic or other easements,
within the boundaries of the national recreation
area to further the purposes of this subchapter:
Provided, That the Secretary may not acquire
any privately owned lands within the national
recreation area other than with the consent of
the owner so long as the owner agrees to the restrictions contained in subsection (b)(1) of this
section and grants the Secretary a right of first
refusal as provided in subsection (b)(2) of this
section. The Secretary also is authorized and directed to acquire lands or structures by such
means on the mainland to the extent necessary
for access to and administrative facilities for
the national recreation area. In acquiring lands
or structures under this subsection, the Secretary is directed to give prompt and careful
consideration to any offer to sell land or structures made by an individual, organization, or
any legal entity owning property within the
boundaries of the national recreation area.
(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 section
460aaa–6 of this title.
(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

§ 460aaa–4

TITLE 16—CONSERVATION

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.
(Pub. L. 101–292, § 4, May 17, 1990, 104 Stat. 187.)
§ 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.
(Pub. L. 101–292, § 5, May 17, 1990, 104 Stat. 188.)
§ 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.
(Pub. L. 101–292, § 6, May 17, 1990, 104 Stat. 188.)
§ 460aaa–6. Management plan
(a) Development
After the Secretary acquires fee title to at
least 10,000 acres of land on Grand Island, the

Page 736

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 section
460aaa–2(b)(4) of this title.
(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.
(Pub. L. 101–292, § 7, May 17, 1990, 104 Stat. 188.)
1 So

in original. Probably should be ‘‘subsection.’’

Page 737

TITLE 16—CONSERVATION

§ 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
section 460aaa–6 of this title.
(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 fulltime 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 de-

§ 460bbb

scribed in section 460aaa–6(b)(2) of this title. It
shall submit any such proposals to the Secretary for approval, rejection, or revision. The
Secretary shall include in the management plan
a development proposal submitted by the Commission or arrived at by any other means available to the Secretary.
(h) Termination
The Commission shall cease to exist on the
date upon which the management plan is adopted.
(Pub. L. 101–292, § 8, May 17, 1990, 104 Stat. 189.)
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 Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out
in the Appendix to Title 5, Government Organization
and Employees.

§ 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.
(Pub. L. 101–292, § 9, May 17, 1990, 104 Stat. 190.)
SUBCHAPTER CXIII—SMITH RIVER
NATIONAL RECREATION AREA
§ 460bbb. Findings
The Congress finds that—
(1) the Smith River, undammed and freeflowing 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, fish-

§ 460bbb–1

TITLE 16—CONSERVATION

eries, 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.
(Pub. L. 101–612, § 2, Nov. 16, 1990, 104 Stat. 3209.)
SHORT TITLE
Section 1 of Pub. L. 101–612 provided that: ‘‘Sections
1 through 14 of this Act [enacting this subchapter,
amending section 1274 of this title, and enacting provisions set out as a note under section 460bbb–7 of this
title] may be cited as the ‘Smith River National Recreation Area Act’.’’

§ 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 section 460bbb–2(b) of this
title;
(2) the term ‘‘forest plan’’ means the land
and resource management plan for the Six
Rivers National Forest prepared pursuant to
section 1604 of this title;
(3) the term ‘‘recreation area’’ means the
Smith River National Recreation Area established by section 460bbb–2 of this title;
(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).
(Pub. L. 101–612, § 3, Nov. 16, 1990, 104 Stat. 3209.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–612, Nov. 16, 1990,
104 Stat. 3209, which is classified principally to this
subchapter. For complete classification of this Act to
the Code, see Short Title note set out under section
460bbb of this title and Tables.

§ 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,

Page 738

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.
(Pub. L. 101–612, § 4, Nov. 16, 1990, 104 Stat. 3210.)
§ 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 em-

Page 739

§ 460bbb–3

TITLE 16—CONSERVATION

ploy 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 section 460bbb–8 of
this title only 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.
(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 section 460bbb–2(b) of this
title. The Secretary may, pursuant to section
460bbb–2(b) of this title, make minor revisions or
amendments to the boundaries of the management areas.

(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 unevenaged 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 (16 U.S.C.
1131 et seq.). The Gasquet-Orleans Road corridor between the eastern edge of section 36, T.
14 N., R. 3 E, and the corridor’s eastern terminus in the middle of section 26, T. 14 N., R.
4 E. shall be added to the Siskiyou Wilderness.
(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 (16 U.S.C. 1271 et seq.). In case of
conflict between the provisions of these Acts,
the more restrictive provision shall apply.
(Pub. L. 101–612, § 5, Nov. 16, 1990, 104 Stat. 3210.)
REFERENCES IN TEXT
The Wilderness Act (16 U.S.C. 1131 et seq.), referred to
in subsec. (b)(2)(H), is Pub. L. 88–577, Sept. 3, 1964, 78

§ 460bbb–4

TITLE 16—CONSERVATION

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.
Section 10(b) of this Act, referred to in subsec. (c), is
section 10(b) of Pub. L. 101–612, Nov. 16, 1990, 104 Stat.
3215, which amended section 1274 of this title.
The Wild and Scenic Rivers Act, referred to in subsec.
(c), is Pub. L. 90–542, Oct. 2, 1968, 82 Stat. 906, as amended, which is classified generally to chapter 28 (§ 1271 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1271 of this title and Tables.

§ 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

Page 740

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.
(Pub. L. 101–612, § 6, Nov. 16, 1990, 104 Stat. 3213.)
§ 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.
(Pub. L. 101–612, § 7, Nov. 16, 1990, 104 Stat. 3214.)
§ 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 No-

Page 741

TITLE 16—CONSERVATION

vember 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.
(Pub. L. 101–612, § 8, Nov. 16, 1990, 104 Stat. 3214.)
§ 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 section 1604 of this
title. The Secretary shall make such further revisions to the management plan as are necessary in order to include more specific development and use plans for the recreation areas.
Such revisions shall be made no later than 5
years after November 16, 1990. Such revisions
and any other modifications of the management
plan shall be made only through the processes of
revision or amendment of the forest plan pursuant to section 1604 of this title, including appropriate consultation with State and local government officials and provision for full public participation considering the views of all interested
parties, organizations, and individuals.
(Pub. L. 101–612, § 9, Nov. 16, 1990, 104 Stat. 3214.)
MANAGEMENT
Section 10(c) of Pub. L. 101–612 provided that: ‘‘The
management plan prepared under section 9 of this Act
[this section] shall be deemed to satisfy the requirement for a comprehensive management plan required
under section 3(d)(1) of the Wild and Scenic Rivers Act
[section 1274(d)(1) of this title].’’

§ 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 section 460bbb–3(a)(7) of this title.
Such zone shall extend 300 feet from each bank
of the rivers and river segments, or 100 feet from
the inner gorge of said rivers and river segments, or within the limit of high and extreme
landslide hazards on said rivers and river segments, whichever is greater. The provisions of
1 So

in original. Word ‘‘the’’ probably should not appear.

§ 460bbb–8

this subsection shall apply to the following rivers and river segments:
(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 section 460bbb–3(a)(7) of this title. Such zone
shall extend on the average of one-quarter mile
on either side of said rivers and river segments,
or 100 feet from the inner gorge of said rivers
and river segments, or within the limit of high
and extreme landslide hazards on said rivers and
river segments, whichever is greater. The provisions of this subsection shall apply to the following rivers and river segments:
(1) Main stem Smith (from the South Fork
to the NRA boundary).

§ 460bbb–9

TITLE 16—CONSERVATION

(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 stream1 So

in original. Probably should be followed by ‘‘of the’’.

Page 742

side protection zone in which timber harvesting
shall be prohibited except as permitted by section 460bbb–3(a)(7) of this title. Such zone shall
extend one-eighth mile on either side of said
Lower Hurdygurdy Creek.
(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.
(Pub. L. 101–612, § 11, Nov. 16, 1990, 104 Stat. 3219.)
§ 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.
(Pub. L. 101–612, § 12, Nov. 16, 1990, 104 Stat. 3221.)

Page 743

§ 460ccc–1

TITLE 16—CONSERVATION

§ 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
(chapter 193; 35 Stat. 251; 16 U.S.C. 500) and the
average amount paid for such purpose under
such Act during the five fiscal years preceding
November 16, 1990. The amount payable under
this subsection shall be reduced by 10 percent
annually thereafter for each succeeding fiscal
year until the amount payable shall be reduced
100 percent by the end of the twelfth fiscal year
after November 16, 1990. This subsection shall
expire 11 years after the first payment pursuant
to this subsection.
(Pub. L. 101–612, § 13, Nov. 16, 1990, 104 Stat. 3222.)
REFERENCES IN TEXT
Act of May 23, 1908 (chapter 193; 35 Stat. 251; 16 U.S.C.
500), referred to in subsec. (e), probably means act May
23, 1908, ch. 192, 35 Stat. 260, which is classified to section 500 of this title.

§ 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.

(Pub. L. 101–612, § 14, Nov. 16, 1990, 104 Stat. 3222.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–612, Nov. 16, 1990,
104 Stat. 3209, which enacted this subchapter and
amended section 1274 of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 460bbb of this title and Tables.

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 section 460ccc–1 of this
title;
(b) ‘‘public lands’’ has the meaning stated in
section 1702(e) of title 43; and
(c) ‘‘Secretary’’ means the Secretary of the
Interior.
(Pub. L. 101–621, § 2, Nov. 16, 1990, 104 Stat. 3342.)
SHORT TITLE
Section 1 of Pub. L. 101–621 provided that: ‘‘This Act
[enacting this subchapter] may be cited as the ‘Red
Rock Canyon National Conservation Area Establishment Act of 1990’.’’

§ 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 195,780 acres as generally depicted
on the map entitled ‘‘Red Rock Canyon National
Conservation Area Administrative Boundary
Modification’’, dated August 8, 1996, and such additional areas as are included in the conservation area pursuant to the Red Rock Canyon National Conservation Area Protection and Enhancement Act of 2002.
(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

§ 460ccc–2

TITLE 16—CONSERVATION

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.
(Pub. L. 101–621, § 3, Nov. 16, 1990, 104 Stat. 3342;
Pub. L. 103–450, § 1, Nov. 2, 1994, 108 Stat. 4766;
Pub. L. 105–263, § 8, Oct. 19, 1998, 112 Stat. 2349;
Pub. L. 107–282, title I, § 105(c), Nov. 6, 2002, 116
Stat. 1998.)
REFERENCES IN TEXT
The Red Rock Canyon National Conservation Area
Protection and Enhancement Act of 2002, referred to in
subsec. (a)(2), is title I of Pub. L. 107–282, Nov. 6, 2002,
116 Stat. 1995, which amended this section and enacted
provisions set out as a note under section 460ccc–4 of
this title. For complete classification of this Act to the
Code, see Tables.
AMENDMENTS
2002—Subsec. (a)(2). Pub. L. 107–282 inserted before period at end ‘‘, and such additional areas as are included
in the conservation area pursuant to the Red Rock
Canyon National Conservation Area Protection and Enhancement Act of 2002’’.
1998—Subsec. (a)(2). Pub. L. 105–263 amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
‘‘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.’’
1994—Subsec. (a)(2). Pub. L. 103–450 amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
‘‘The conservation area shall consist of approximately
83,100 acres of generally depicted on a map entitled
‘Red Rock Canyon National Conservation Area—Proposed’ numbered NV–RRC–NCA–001, and dated June,
1990.’’
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.
POTENTIAL CONSERVATION LANDS
Pub. L. 103–450, § 3, Nov. 2, 1994, 108 Stat. 4767, as
amended by Pub. L. 106–113, div. B, § 1000(a)(3) [title I,
§ 144(a)], Nov. 29, 1999, 113 Stat. 1535, 1501A–171, provided
that:
‘‘(a) WITHDRAWAL.—Subject to valid existing rights,
the lands identified in subsection (b) are hereby withdrawn from all forms of entry under the public land
laws, including the mining laws, and from operation of
the mineral [see 30 U.S.C. 181 et seq., 271 et seq., and 281
et seq.] and geothermal leasing laws: Provided, That
nothing in this subsection shall limit the issuance of
any necessary licenses or public land rights-of-way for
any hydroelectric project involving such lands.
1 So

in original. Probably should be ‘‘in the’’.

Page 744

‘‘(b) LANDS.—The lands referred to in subsection (a)
are the approximately 1,280 acres of public lands as generally depicted on the map entitled ‘Potential Conservation Lands: Possible Hydroelectric Project’ dated
July, 1994.
‘‘(c) FUTURE STATUS.—(1) Effective on May 2, 2000, the
lands described in subsection (b) shall be added to the
Red Rock Canyon National Conservation Area unless
before such effective date all necessary licenses and
public land rights-of-way have been issued for a hydroelectric project involving some or all of such lands.
‘‘(2) For purposes of section 10(b) of the Red Rock
Canyon National Conservation Area Establishment Act
of 1990 [16 U.S.C. 460ccc–8(b)], as amended by this Act,
the date on which the lands identified in subsection (b)
of this section are added to the Red Rock Canyon National Conservation Area shall be deemed to be the
date of enactment of an Act adding such lands to the
conservation area.’’
[Pub. L. 106–113, div. B, § 1000(a)(3) [title I, § 144(b)],
Nov. 29, 1999, 113 Stat. 1535, 1501A–171, provided that:
‘‘The amendment made by subsection (a) [amending
section 3 of Pub. L. 103–450, set out above] takes effect
on November 1, 1999.’’]

§ 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 section 460ccc–1 of this
title, in accordance with this subchapter, the
Federal Land Policy and Management Act of
1976 [43 U.S.C. 1701 et seq.], and other applicable
laws. The Secretary shall only allow such uses
of the conservation area as he finds will further
the purposes for which the conservation area is
established.
(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 section 460ccc–3 of this
title.
(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.
(Pub. L. 101–621, § 4, Nov. 16, 1990, 104 Stat. 3343.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (a), is Pub. L. 94–579, Oct. 21,

Page 745

§ 460ccc–4

TITLE 16—CONSERVATION

1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.

§ 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
(16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.)
within the conservation area;
(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 section 460ccc–5 of this title, nothing in this subchapter is intended to alter the
requirements of section 1782 of title 43, or section 5(a) of the National Forest and Public
Lands of Nevada Enhancement Act of 1988 (102
Stat. 2751), as those requirements apply to the
lands within, or adjacent to the conservation
area as of November 16, 1990.
(Pub. L. 101–621, § 5, Nov. 16, 1990, 104 Stat. 3343;
Pub. L. 103–437, § 6(d)(23), Nov. 2, 1994, 108 Stat.
4584; Pub. L. 103–450, § 2(a), Nov. 2, 1994, 108 Stat.
4766.)
REFERENCES IN TEXT
The Archaeological Resources Protection Act of 1979,
referred to in subsec. (a)(2)(C), is Pub. L. 96–95, Oct. 31,
1979, 93 Stat. 721, which is classified generally to chap-

ter 1B (§ 470aa et seq.) of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 470aa of this title and Tables.
The National Historic Preservation Act, referred to
in subsec. (a)(2)(C), is Pub. L. 89–665, Oct. 15, 1966, 80
Stat. 915, as amended, which is classified generally to
subchapter II (§ 470 et seq.) of chapter 1A of this title.
For complete classification of this Act to the Code, see
section 470 of this title and Tables.
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 Pub. L. 100–550, Oct. 28, 1988,
102 Stat. 2751, which is not classified to the Code.
AMENDMENTS
1994—Subsec. (a)(1). Pub. L. 103–450 substituted ‘‘No
later than January 1, 1997,’’ for ‘‘Within 3 full fiscal
years following the fiscal year in which the date of enactment of this subchapter occurs,’’.
Pub. L. 103–437 substituted ‘‘Natural Resources’’ for
‘‘Interior and Insular Affairs’’ after ‘‘Committee on’’.

§ 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, 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) 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.
(3) 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 section 1716 of title 43.
(Pub. L. 101–621, § 6, Nov. 16, 1990, 104 Stat. 3344;
Pub. L. 110–161, div. F, title I, § 120, Dec. 26, 2007,
121 Stat. 2121.)
AMENDMENTS
2007—Subsec. (a). Pub. L. 110–161, which directed the
amendment of section 460ccc–4(a) of the Red Rock Canyon National Conservation Area Establishment Act authorization by striking out ‘‘with donated or appropriated funds’’ in par. (1), striking out par. (2), and redesignating pars. (3) and (4) as (2) and (3), respectively,
was executed by making the amendments to subsec. (a)
of this section, which is section 6 of the Red Rock Canyon National Conservation Area Establishment Act of
1990, to reflect the probable intent of Congress. Prior to
amendment, ‘‘with donated or appropriated funds’’ appeared after ‘‘purchase’’ and par. (2) read as follows:
‘‘Lands or interests therein owned by the State of Nevada or a political subdivision thereof may be acquired
by donation or exchange only.’’

§ 460ccc–4

TITLE 16—CONSERVATION

RED ROCK CANYON NATIONAL CONSERVATION AREA
PROTECTION AND ENHANCEMENT
Pub. L. 107–282, title I, Nov. 6, 2002, 116 Stat. 1995, provided that:
‘‘SEC. 101. SHORT TITLE.
‘‘This title [amending section 460ccc–1 of this title
and enacting this note] may be cited as the ‘Red Rock
Canyon National Conservation Area Protection and Enhancement Act of 2002’.
‘‘SEC. 102. DEFINITIONS.
‘‘As used in this title:
‘‘(1) CORPORATION.—The term ‘Corporation’ means
the Howard Hughes Corporation, an affiliate of the
Rouse Company, with its principal place of business
at 10000 West Charleston Boulevard, Las Vegas, Nevada.
‘‘(2) RED ROCK CANYON.—The term ‘Red Rock Canyon’ means the Red Rock Canyon National Conservation Area, consisting of approximately 195,780 acres of
public lands in Clark County, Nevada, specially designated for protection in the Red Rock Canyon National Conservation Area Establishment Act of 1990
(16 U.S.C. 460ccc et seq.), as depicted on the Red Rock
Canyon Map.
‘‘(3) RED ROCK CANYON MAP.—The term ‘Red Rock
Canyon Map’ means the map entitled ‘Southern Nevada Public Land Management Act’, dated October 1,
2002.
‘‘SEC. 103. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress makes the following
findings:
‘‘(1) Red Rock Canyon is a natural resource of
major significance to the people of Nevada and the
United States. It must be protected in its natural
state for the enjoyment of future generations of Nevadans and Americans, and enhanced wherever possible.
‘‘(2) In 1998, the Congress enacted the Southern Nevada Public Lands [Land] Management Act of 1998
(Public Law 105–263) [see Short Title of 1998 Amendment note set out under section 6901 of Title 31,
Money and Finance], which provided among other
things for the protection and enhancement of Red
Rock Canyon.
‘‘(3) The Corporation owns much of the private land
on Red Rock Canyon’s eastern boundary, and is engaged in developing a large-scale master-planned
community.
‘‘(4) Included in the Corporation’s land holdings are
1,071 acres of high-ground lands at the eastern edge of
Red Rock Canyon. These lands were intended to be
included in Red Rock, but to date have not been acquired by the United States. The protection of this
high-ground acreage would preserve an important
element of the western Las Vegas Valley viewshed.
‘‘(5) The Corporation has volunteered to forgo development of the high-ground lands, and proposes
that the United States acquire title to the lands so
that they can be preserved in perpetuity to protect
and expand Red Rock Canyon.
‘‘(b) PURPOSES.—The purposes of this title are:
‘‘(1) To accomplish an exchange of lands between
the United States and the Corporation that would
transfer certain high-ground lands to the United
States in exchange for the transfer of other lands of
approximately equal value to the Corporation.
‘‘(2) To protect Red Rock Canyon and to expand its
boundaries as contemplated by the Bureau of Land
Management, as depicted on the Red Rock Canyon
Map.
‘‘(3) To further fulfill the purposes of the Southern
Nevada Public Lands [Land] Management Act of 1998
and the Red Rock Canyon National Conservation
Area Establishment Act of 1990.
‘‘SEC. 104. RED ROCK CANYON LAND EXCHANGE.
‘‘(a) ACQUISITION REQUIREMENT.—If the Corporation
offers to convey to the United States all right, title,

Page 746

and interest in and to the approximately 1,082 acres of
non-Federal land owned by the Corporation and depicted on the Red Rock Canyon Map as ‘Offered Lands
proposed addition to the Red Rock Canyon NCA’, the
Secretary shall accept such offer on behalf of the
United States, and not later than 90 days after the date
of the offer, except as otherwise provided in this title,
shall make the following conveyances:
‘‘(1) To the Corporation, the approximately 998
acres of Federal lands depicted on the Red Rock Canyon Map as ‘Public land selected for exchange’.
‘‘(2) To Clark County, Nevada, the approximately
1,221 acres of Federal lands depicted on the Red Rock
Canyon Map as ‘Proposed BLM transfer for county
park’.
‘‘(b) SIMULTANEOUS CONVEYANCES.—Title to the private property and the Federal property to be conveyed
pursuant to this section shall be conveyed at the same
time.
‘‘(c) MAP.—The Secretary shall keep the Red Rock
Canyon Map on file and available for public inspection
in the Las Vegas District Office of the Bureau of Land
Management in Nevada, and the State Office of the Bureau of Land Management, Reno, Nevada.
‘‘(d) CONDITIONS.—
‘‘(1) HAZARDOUS MATERIALS.—As a condition of the
conveyance under ––subsection [sic] (a)(1), the Secretary shall require that the Corporation be responsible for removal of and remediation related to any
hazardous materials that are present on the property
conveyed to the United States under subsection (a).
‘‘(2) SURVEY.—As a condition of the conveyance
under subsection (a)(1), the Secretary shall require
that not later than 90 days after the date of the offer
referred to in subsection (a), the Corporation shall
provide a metes and bounds survey, that is acceptable
to the Corporation, Clark County, and the Secretary,
of the common boundary between the parcels of land
to be conveyed under subsection (a).
‘‘(3) LANDS CONVEYED TO CLARK COUNTY.—As a condition of the conveyance under subsection (a)(2), the
Secretary shall require that—
‘‘(A) the lands transferred to Clark County by the
United States must be held in perpetuity by the
County for use only as a public park or as part of
a public regional trail system; and
‘‘(B) if the County attempts to transfer the lands
or to undertake a use on the lands that is inconsistent with their preservation and use as described in
subparagraph (A), such lands shall, at the discretion of the Secretary, revert to the United States.
‘‘(e) VALUATION.—
‘‘(1) EQUAL VALUE EXCHANGE.—The values of the
Federal parcel and the non-Federal parcel, as determined under paragraph (2)—
‘‘(A) shall be equal; or
‘‘(B) if the values are not equal, shall be equalized
in accordance with paragraph (3).
‘‘(2) APPRAISAL.—The values of the Federal parcel
and the non-Federal parcel shall be determined by an
appraisal, to be approved by the Secretary, that complies with the Uniform Standards for Federal Land
Acquisitions.
‘‘(3) EQUALIZATION.—
‘‘(A) IN GENERAL.—If the value of the non-Federal
parcel is less than the value of the Federal parcel—
‘‘(i) the Corporation shall make a cash equalization payment to the Secretary; or
‘‘(ii) the Secretary shall, as determined to be
appropriate by the Secretary and the Corporation, reduce the acreage of the Federal parcel.
‘‘(B) DISPOSITION OF PROCEEDS.—The Secretary
shall deposit any cash equalization payments received under subparagraph (A)(i) in accordance
with section 4(e)(1)(C) of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2345).
‘‘SEC. 105. STATUS AND MANAGEMENT OF LANDS.
‘‘(a) INCLUSION AND MANAGEMENT OF LANDS.—Upon
the date of the enactment of this Act [Nov. 6, 2002], the

Page 747

§ 460ccc–8

TITLE 16—CONSERVATION

Secretary shall administer the lands depicted on the
Red Rock Map as ‘Public Lands-proposed addition to
the Red Rock Canyon NCA’, exclusive of those lands
used for the Corps of Engineers R–4 Detention Basin, as
part of Red Rock and in accordance with the Red Rock
Canyon National Conservation Area Establishment Act
of 1990 (16 U.S.C. 460ccc et seq.) and all other applicable
laws.
‘‘(b) INCLUSION OF ACQUIRED LANDS.—Upon acquisition
by the United States of lands under this Act [Pub. L.
107–282, see Short Title note set out under section
460qqq of this title], the Secretary shall—
‘‘(1) administer the lands as part of Red Rock and
in accordance with the Red Rock Canyon National
Conservation Area Establishment Act of 1990 (16
U.S.C. 460ccc et seq.), the Southern Nevada Public
Lands [Land] Management Act of 1998 (Public Law
105–263), and all other applicable laws; and
‘‘(2) create new maps showing the boundaries of Red
Rock as modified or pursuant to this Act, and make
such maps available for review at the Las Vegas District Office of the Bureau of Land Management and
the State Office of the Bureau of Land Management,
Reno, Nevada.
‘‘(c) CONFORMING AMENDMENT.—[Amended section
460ccc–1 of this title.]
‘‘SEC. 106. GENERAL PROVISIONS.
‘‘(a) REVIEW OF APPRAISAL.—Not later than 90 days
after the date of the enactment of this Act [Nov. 6,
2002], the Secretary shall complete a review of the appraisal entitled, ‘Complete Self-Contained Appraisal
Red Rock Exchange, Las Vegas, Nevada’, completed on
or about June 3, 2002. The difference in appraisal values
shall be reimbursed to the Secretary by the Corporation in accordance with the Southern Nevada Public
Lands [Land] Management Act of 1998.
‘‘(b) VALID EXISTING RIGHTS.—The land exchange
under this Act shall be subject to valid existing rights.
Each party to which property is conveyed under this
Act shall succeed to the rights and obligations of the
conveying party with respect to any lease, right-ofway, permit, or other valid existing right to which the
property is subject.
‘‘(c) TECHNICAL CORRECTIONS.—Nothing in this Act
prohibits the parties to the conveyances under this Act
from agreeing to the correction of technical errors or
omissions in the Red Rock Map.
‘‘(d) WITHDRAWAL OF AFFECTED LANDS.—To the extent
not already accomplished under law or administrative
action, the Secretary shall withdraw from operation of
the public land and mining laws, subject to valid existing rights—
‘‘(1) those Federal lands acquired by the United
States under this Act; and
‘‘(2) those Federal lands already owned by the
United States on the date of enactment of this Act
but included within the Red Rock National Conservation Area boundaries by this Act.’’
[For definitions of terms used in title I of Pub. L.
107–282, set out above, see section 3 of Pub. L. 107–282,
set out as a note under section 460qqq–1 of this title.]

§ 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 approxi-

mately 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.
(Pub. L. 101–621, § 7, Nov. 16, 1990, 104 Stat. 3344;
Pub. L. 103–450, § 2(b), Nov. 2, 1994, 108 Stat. 4766.)
AMENDMENTS
1994—Pub. L. 103–450 designated existing provisions as
subsec. (a) and added subsec. (b).

§ 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.
(Pub. L. 101–621, § 8, Nov. 16, 1990, 104 Stat. 3345.)
§ 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.
(Pub. L. 101–621, § 9, Nov. 16, 1990, 104 Stat. 3345.)
§ 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 section 666 of title 43.
(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
1 So

in original. Probably should be ‘‘subsection’’.

§ 460ccc–9

TITLE 16—CONSERVATION

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.
(Pub. L. 101–621, § 10, Nov. 16, 1990, 104 Stat. 3345;
Pub. L. 103–450, § 2(c), Nov. 2, 1994, 108 Stat. 4766.)
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–450 inserted before period at end ‘‘, 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’’.

§ 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.
(Pub. L. 101–621, § 11, Nov. 16, 1990, 104 Stat. 3345.)
§ 460ccc–10. Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this subchapter.
(Pub. L. 101–621, § 12, Nov. 16, 1990, 104 Stat. 3346.)
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 ap-

Page 748

propriate 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 [43 U.S.C.
1701 et seq.] and other applicable law, including
this subchapter.
(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 section 666 of title
43.
(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 section
1524(f) of title 43.
(g) Management plan
(1) No later than two years after November 28,
1990, the Secretary shall develop a comprehen-

Page 749

§ 460ddd

TITLE 16—CONSERVATION

sive 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 [43 U.S.C. 1737(b)].
(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 [43 U.S.C. 1737(a)].
(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.
(Pub. L. 101–628, title II, § 201, Nov. 28, 1990, 104
Stat. 4475; Pub. L. 103–437, § 6(d)(24), Nov. 2, 1994,
108 Stat. 4584.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (d)(1), is Pub. L. 94–579, Oct.
21, 1976, 90 Stat. 2743, as amended, which is classified
principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.
The Sentencing Reform Act of 1984, referred to in
subsec. (l), is chapter II (§§ 211–239) of Pub. L. 98–473,
title II, Oct. 12, 1984, 98 Stat. 1987, as amended. For

§ 460eee

TITLE 16—CONSERVATION

complete classification of chapter II to the Code, see
Short Title note set out under section 3551 of Title 18,
Crimes and Criminal Procedure, and Tables.
AMENDMENTS
1994—Subsecs. (c), (k). Pub. L. 103–437 substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
after ‘‘Committee on’’.
SHORT TITLE
Section 1 of Pub. L. 101–628 provided that: ‘‘Titles I
through III of this Act [enacting this subchapter and
provisions listed in a table of Wilderness Areas set out
under section 1132 of this title] may be cited as the
‘Arizona Desert Wilderness Act of 1990’.’’
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 Pub. L.
92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix
to Title 5, Government Organization and Employees.

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.
(Pub. L. 101–628, title V, § 502, Nov. 28, 1990, 104
Stat. 4492.)

Page 750
REFERENCES IN TEXT

This Act, referred to in subsecs. (a) and (b), is Pub. L.
101–628, Nov. 28, 1990, 104 Stat. 4469, which enacted this
subchapter, subchapters CXV (§ 460ddd) and CXVII
(§ 460fff et seq.) of this chapter, chapter 65 (§ 4601 et seq.)
of this title, and sections 1a–9 to 1a–13 of this title,
amended sections 410ee, 463, 1274, and 1276 of this title,
enacted provisions set out as notes under sections 1a–5,
1132, and 1271 of this title and section 1522 of Title 43,
Public Lands, and enacted provisions listed in a table
of Wilderness Areas set out under section 1132 of this
title. For complete classification of this Act to the
Code, see Tables.

§ 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 sections 1, 2, 3,
4, and 17j–2 of this title. In the administration of
such recreation area, the Secretary may utilize
such statutory authority as may be available to
him for the protection of natural and cultural
resources as he deems necessary to carry out the
purposes of this Act.
(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 (Public Law 81–898; 43 U.S.C. 600b et seq.), to operate
Sanford Dam and Lake Meredith in accordance
with and for the purposes set forth in that Act.
(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.

Page 751

§ 460fff–1

TITLE 16—CONSERVATION

(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.
(Pub. L. 101–628, title V, § 503, Nov. 28, 1990, 104
Stat. 4493; Pub. L. 103–437, § 6(d)(24), Nov. 2, 1994,
108 Stat. 4584.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (b), is Pub. L.
101–628, Nov. 28, 1990, 104 Stat. 4469, which enacted this
subchapter, subchapters CXV (§ 460ddd) and CXVII
(§ 460fff et seq.) of this chapter, chapter 65 (§ 4601 et seq.)
of this title, and sections 1a–9 to 1a–13 of this title,
amended sections 410ee, 463, 1274, and 1276 of this title,
enacted provisions set out as notes under sections 1a–5,
1132, and 1271 of this title and section 1522 of Title 43,
Public Lands, and enacted provisions listed in a table
of Wilderness Areas set out under section 1132 of this
title. For complete classification of this Act to the
Code, see Tables.
Act of December 29, 1950, referred to in subsec. (b), is
act Dec. 29, 1950, ch. 1183, 64 Stat. 1124, which enacted
sections 600b and 600c of Title 43 and provisions set out
as a note under section 600b of Title 43. For complete
classification of this Act to the Code, see Tables.
AMENDMENTS
1994—Subsec. (d). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.

§ 460eee–2. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out the purposes of sections 460eee and 460eee–1 of this title.
(Pub. L. 101–628, title V, § 504, Nov. 28, 1990, 104
Stat. 4494.)
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 section 460fff–1 of this title referred to as
the ‘‘recreation area’’).
(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.
(Pub. L. 101–628, title V, § 505, Nov. 28, 1990, 104
Stat. 4494.)
REFERENCES IN TEXT
This Act, referred to in subsec. (b), is Pub. L. 101–628,
Nov. 28, 1990, 104 Stat. 4469, which enacted this subchapter, subchapters CXV (§ 460ddd) and CXVI (§ 460eee
et seq.) of this chapter, chapter 65 (§ 4601 et seq.) of this
title, and sections 1a–9 to 1a–13 of this title, amended
sections 410ee, 463, 1274, and 1276 of this title, enacted
provisions set out as notes under sections 1a–5, 1132,
and 1271 of this title and section 1522 of Title 43, Public
Lands, and enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title.
For complete classification of this Act to the Code, see
Tables.

§ 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 sections 1, 2, 3, 4, and 17j–2 of this title.
In the administration of such recreation area,
the Secretary may utilize such statutory authority as may be available to him for the protection of natural and cultural resources as he
deems necessary to carry out the purposes of
this Act. Nothing in this Act shall be construed
to amend or alter the responsibilities of the
International Boundary and Water Commission,
United States and Mexico, under any applicable
treaty.
(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 (59 Stat. 1219,1
and in accordance with sections 277d–13 to
277d–16 of title 22, and any commitment or
agreement entered into pursuant to such treaty
or sections, including (but not limited to) commitments or agreements relating to—
(1) the demarcation and maintenance of
boundaries;
(2) the use, storage, and furnishing of water;
1 So in original. Closing parenthesis probably should follow
‘‘1219’’.

§ 460fff–2

TITLE 16—CONSERVATION

(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.

Page 752

(Pub. L. 101–628, title V, § 507, Nov. 28, 1990, 104
Stat. 4495.)
SUBCHAPTER CXVIII—ED JENKINS NATIONAL RECREATION AREA AND COOSA
BALD NATIONAL SCENIC AREA
§ 460ggg. Wilderness

(Pub. L. 101–628, title V, § 506, Nov. 28, 1990, 104
Stat. 4494.)

(a) Designation
In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131–1136), the following lands
in the State of Georgia are hereby designated as
wilderness and therefore as components of the
National Wilderness Preservation System:
(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 (100 Stat. 3129).
(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 [16 U.S.C. 1131 et seq.] governing areas designated by that Act as wilderness, except that
any reference in such provisions to the effective
date of the Wilderness Act shall be deemed to be
a reference to December 11, 1991.

REFERENCES IN TEXT

(Pub. L. 102–217, § 2, Dec. 11, 1991, 105 Stat. 1667.)

This Act, referred to in subsec. (a), is Pub. L. 101–628,
Nov. 28, 1990, 104 Stat. 4469, which enacted this subchapter, subchapters CXV (§ 460ddd) and CXVI (§ 460eee
et seq.) of this chapter, chapter 65 (§ 4601 et seq.) of this
title, and sections 1a–9 to 1a–13 of this title, amended
sections 410ee, 463, 1274, and 1276 of this title, enacted
provisions set out as notes under sections 1a–5, 1132,
and 1271 of this title and section 1522 of Title 43, Public
Lands, and enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title.
For complete classification of this Act to the Code, see
Tables.
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.

REFERENCES IN TEXT
The Wilderness Act, referred to in text, is Pub. L.
88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (§ 1131 et seq.) of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 1131 of
this title and Tables.
Section 2(2) of the Georgia Wilderness Act of 1986, referred to in subsec. (a)(3), is section 2(2) of Pub. L.
99–555, Oct. 27, 1986, 100 Stat. 3129, which enacted provisions listed in a table of Wilderness Areas set out under
section 1132 of this title.
The effective date of the Wilderness Act, referred to
in subsec. (b), means Sept. 3, 1964, the date of enactment of Pub. L. 88–577, which enacted chapter 23 of this
title.
SHORT TITLE

§ 460fff–2. Authorization of appropriations

Section 1 of Pub. L. 102–217 provided that: ‘‘This Act
[enacting this subchapter] may be cited as the ‘Chattahoochee National Forest Protection Act of 1991’.’’

There are authorized to be appropriated such
sums as may be necessary to carry out the purposes of sections 460fff and 460fff–1 of this title.

Section 6 of Pub. L. 102–217 provided that: ‘‘Privately
held lands within the areas designated by this Act [en-

SAVINGS PROVISION

Page 753

§ 460ggg–2

TITLE 16—CONSERVATION

acting this subchapter] will not be administered as wilderness, a national scenic area, or a national recreation
area, as appropriate, unless such lands are acquired by
the Secretary.’’
REDESIGNATION OF NATIONAL RECREATION AREA
Pub. L. 102–456, Oct. 23, 1992, 106 Stat. 2264, provided
that:
‘‘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.
(Pub. L. 102–217, § 3, Dec. 11, 1991, 105 Stat. 1667.)
REFERENCES IN TEXT
The laws pertaining to mineral leasing, referred to in
subsec. (b)(5), are classified generally to Title 30, Mineral Lands and Mining.

§ 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

§ 460ggg–3

TITLE 16—CONSERVATION

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.
(Pub. L. 102–217, § 4, Dec. 11, 1991, 105 Stat. 1668;
Pub. L. 102–456, § 2, Oct. 23, 1992, 106 Stat. 2264.)
REFERENCES IN TEXT
The laws pertaining to mineral leasing, referred to in
subsec. (b)(4), are classified generally to Title 30, Mineral Lands and Mining.
AMENDMENTS
1992—Subsec. (a). Pub. L. 102–456 substituted ‘‘Ed Jenkins National Recreation Area’’ for ‘‘Springer Mountain National Recreation Area’’.

§ 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.
(Pub. L. 102–217, § 5, Dec. 11, 1991, 105 Stat. 1669;
Pub. L. 103–437, § 6(d)(25), Nov. 2, 1994, 108 Stat.
4584.)
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Natural Resources’’
for ‘‘Interior and Insular Affairs’’ after ‘‘Committee
on’’.

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 section 1609(a) of this title).
(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.
(Pub. L. 103–63, § 2, Aug. 4, 1993, 107 Stat. 297.)
SHORT TITLE
Section 1 of Pub. L. 103–63 provided that: ‘‘This Act
[enacting this subchapter] may be cited as the ‘Spring
Mountains National Recreation Area Act’.’’

Page 754

§ 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.
(Pub. L. 103–63, § 3, Aug. 4, 1993, 107 Stat. 297.)
§ 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.
(Pub. L. 103–63, § 4, Aug. 4, 1993, 107 Stat. 297.)
§ 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

Page 755

TITLE 16—CONSERVATION

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.
(Pub. L. 103–63, § 5, Aug. 4, 1993, 107 Stat. 298.)
§ 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 section 1604 of this
title. The provisions of the national forest
land and resource management plan relating
to the recreation 1 area 1 shall also be available
to the public in a document separate from the
rest of the forest plan.
(2) Contents
The management plan described in paragraph (1) shall be developed with full public
participation and shall include—
1 So

in original. Probably should be capitalized.

§ 460hhh–4

(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 (16 U.S.C.
470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the
Recreation Area;
(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 (16 U.S.C. 470i et seq.) and
the Nevada State Department of Conservation
and Natural Resources, Division of Historic
Preservation and Archaeology.
(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.
(Pub. L. 103–63, § 6, Aug. 4, 1993, 107 Stat. 298.)

§ 460hhh–5

TITLE 16—CONSERVATION
REFERENCES IN TEXT

The Archaeological Resources Protection Act of 1979,
referred to in subsec. (a)(2)(C), is Pub. L. 96–95, Oct. 31,
1979, 93 Stat. 721, as amended, which is classified generally to chapter 1B (§ 470aa et seq.) of this title. For complete classification of this Act to the Code, see Short
Title note set out under section 470aa of this title and
Tables.
The National Historic Preservation Act, referred to
in subsec. (a)(2)(C) and (3), is Pub. L. 89–665, Oct. 15,
1966, 80 Stat. 915, as amended, which is classified generally to subchapter II (§ 470 et seq.) of chapter 1A of this
title. Title II of the Act is classified generally to part
B (§ 470i et seq.) of subchapter II of chapter 1A of this
chapter. For complete classification of this Act to the
Code, see section 470(a) of this title and Tables.

§ 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 section 460l–9 of this title,
where such boundaries are established for units
of the National Forest System, such established
boundaries shall be treated as if they were the
boundaries of the National Forests as of January 1, 1965. Money appropriated from the Land
and Water Conservation Fund shall be available
for the acquisition of lands and interests therein
in furtherance of the purposes of this subchapter.
(Pub. L. 103–63, § 7, Aug. 4, 1993, 107 Stat. 300.)
§ 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:
W1⁄2E1⁄2 and W1⁄2, Sec. 27, T23S, R58E, Mt.
Diablo Meridian.
(Pub. L. 103–63, § 8, Aug. 4, 1993, 107 Stat. 300.)

Page 756

§ 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.
(Pub. L. 103–63, § 9, Aug. 4, 1993, 107 Stat. 300.)
§ 460hhh–8. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out this subchapter.
(Pub. L. 103–63, § 10, Aug. 4, 1993, 107 Stat. 301.)
SUBCHAPTER
CXX—MORLEY
NELSON
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 section 460iii–3(e) of this title, because
this would be in the best interest of training of
the reserve components (an important aspect
of national security) and of the local economy.
(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—

Page 757

§ 460iii–1

TITLE 16—CONSERVATION

(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 section
460iii–3(e) of this title, of the Orchard Training Area by reserve components of the
Armed Forces;
(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 sections
1712 and 1732 of title 43, the Secretary has developed a comprehensive management plan
and, based on such plan, has implemented a
management program for the public lands included in the conservation area established by
this subchapter.
(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 con-

tinuation 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 section
460iii–3(f) of this title, it is expected that such
grazing will continue in accordance with applicable regulations of the Secretary and the
management plan for the conservation area.
(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.
(Pub. L. 103–64, § 1, Aug. 4, 1993, 107 Stat. 302.)
CHANGE OF NAME
Pub. L. 111–11, title II, § 2301(b), Mar. 30, 2009, 123 Stat.
1101, provided that: ‘‘Any reference in a law, map, regulation, document, paper, or other record of the United
States to the Snake River Birds of Prey National Conservation Area shall be deemed to be a reference to the
Morley Nelson Snake River Birds of Prey National Conservation Area.’’

§ 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
Morley Nelson Snake River Birds of Prey National Conservation Area established by section 460iii–2 of this title.
(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 section 460iii–2(b) of this
title, and as described in the Memorandum of
Understanding as well as the air space over
the same.
(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 section 460iii–2(b) of
this title.
(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 section 460iii–2(b) of this
title.
(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.

§ 460iii–2

TITLE 16—CONSERVATION

(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.
(Pub. L. 103–64, § 2, Aug. 4, 1993, 107 Stat. 304;
Pub. L. 111–11, title II, § 2301(a)(1), Mar. 30, 2009,
123 Stat. 1101.)
AMENDMENTS
2009—Par. (2). Pub. L. 111–11 inserted ‘‘Morley Nelson’’ before ‘‘Snake River Birds of Prey National Conservation Area’’.

§ 460iii–2. Establishment
(a) In general
(1) There is hereby established the Morley Nelson Snake River Birds of Prey National 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 section 460iii–3 of this title,
uses of the public lands in the conservation area
existing on August 4, 1993, shall be allowed to
continue.
(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, 19 Stat. 377, 43
U.S.C. 321 et seq.; commonly referred to as the
‘‘Desert Lands Act’’), section 641 of title 43, the

Page 758

Act of July 3, 1890 (Ch. 656, 26 Stat. 215; commonly referred to as the ‘‘State of Idaho Admissions Act’’), section 851 of title 43, and section
852 of title 43. The Secretary shall return to the
applicants any such applications pending on August 4, 1993, without further action. Subject to
valid existing rights, as of August 4, 1993, lands
within the Birds of Prey Conservation Area are
withdrawn from location under the general mining laws, the operation of the mineral and geothermal leasing laws, and the mineral material
disposal laws, except that mineral materials
subject to disposal may be made available from
existing sites to the extent compatible with the
purposes for which the conservation area is established.
(Pub. L. 103–64, § 3, Aug. 4, 1993, 107 Stat. 304;
Pub. L. 111–11, title II, § 2301(a)(2), (c)(1), Mar. 30,
2009, 123 Stat. 1101.)
REFERENCES IN TEXT
Act of March 3, 1877, referred to in subsec. (d), is act
Mar. 3, 1877, ch. 107, 19 Stat. 377, as amended, which is
classified generally to sections 321 to 323, 325, and 327 to
329 of Title 43. For complete classification of this Act
to the Code, see Tables.
Act of July 3, 1890, referred to in subsec. (d), is not
classified to the Code.
AMENDMENTS
2009—Subsec. (a)(1). Pub. L. 111–11 inserted ‘‘Morley
Nelson’’ before ‘‘Snake River Birds of Prey National
Conservation Area’’ and struck out ‘‘(hereafter referred
to as the ‘conservation area’)’’ before period at end.

§ 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
section 460iii–2(d) of this title and subsections
(d), (e), and (f) of this section, the Secretary
shall allow only such uses of lands in the conservation area as the Secretary determines will
further the purposes for which the conservation
area is established.
(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;

Page 759

TITLE 16—CONSERVATION

(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 center, 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 re-

§ 460iii–3

visions 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 section
460iii–2(a)(2) of this title. Any such use thereafter shall be permitted in accordance with the
Memorandum of Understanding, which may be
extended or renewed by the Secretary so long as
such use continues to meet the requirements of
subsection (b)(2) of this section.
(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 (43 U.S.C. 315 et seq.;
commonly referred to as the ‘‘Taylor Grazing
Act’’), section 1752 of title 43, other laws applicable to such use and programs on the public
lands, and the management plan for the conservation area.
(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

§ 460iii–4

TITLE 16—CONSERVATION

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 (16 U.S.C. 791a et seq.),
located within the boundaries of the conservation area.
(Pub. L. 103–64, § 4, Aug. 4, 1993, 107 Stat. 305;
Pub. L. 111–11, title II, § 2301(c)(2), Mar. 30, 2009,
123 Stat. 1101.)

Page 760

(b) Purchase of lands
In addition to the authority in section 1748(d)
of title 43 and notwithstanding section 460l–9(a) 1
of this title, monies appropriated from the Land
and Water Conservation Fund may be used as
authorized in section 1534(b) of this title, for the
purposes of acquiring lands or interests therein
within the conservation area for administration
as public lands as a part of the conservation
area.
(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.
(Pub. L. 103–64, § 5, Aug. 4, 1993, 107 Stat. 308.)
REFERENCES IN TEXT
Section 460l–9(a) of this title, referred to in subsec.
(b), was in the original ‘‘section 7(a) of the Land and
Water Conservation Fund Act of 1964 (16 U.S.C.
460l–9(a)),’’ and was translated as reading section 7(a) of
the Land and Water Conservation Fund Act of 1965, to
reflect the probable intent of Congress.

REFERENCES IN TEXT
Act of June 28, 1934, referred to in subsec. (f), is act
June 28, 1934, ch. 865, 48 Stat. 1269, as amended, which
is classified principally to subchapter I (§ 315 et seq.) of
chapter 8A of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note
set out under section 315 of Title 43 and Tables.
The Federal Power Act, referred to in subsec. (i), is
act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
which is classified generally to chapter 12 (§ 791a et
seq.) of this title. For complete classification of this
Act to the Code, see section 791a of this title and
Tables.
AMENDMENTS
2009—Subsec. (a)(2). Pub. L. 111–11, § 2301(c)(2)(A), substituted ‘‘conservation area is’’ for ‘‘Conservation Area
is’’.
Subsec. (d). Pub. L. 111–11, § 2301(c)(2)(B), substituted
‘‘visitors center’’ for ‘‘Visitors Center’’.
ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE
AND FISHERIES
Committee on Merchant Marine and Fisheries of
House of Representatives abolished and its jurisdiction
transferred by House Resolution No. 6, One Hundred
Fourth Congress, Jan. 4, 1995. For treatment of references to Committee on Merchant Marine and Fisheries, see section 1(b)(3) of Pub. L. 104–14, set out as a
note preceding section 21 of Title 2, The Congress.

§ 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.

§ 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 (16 U.S.C. 1531 et seq.)
or to limit the applicability of the National
Trails System Act [16 U.S.C. 1241 et seq.] to any
lands within the conservation area.
(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
[16 U.S.C. 470 et seq.], the Archaeological Resources Protection Act of 1979 [16 U.S.C. 470aa et
seq.], or the Native American Graves Protection
and Repatriation Act [25 U.S.C. 3001 et seq.].
(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 section 1782 of
title 43. Such lands are hereby released from fur1 See

References in Text note below.

Page 761

§ 460jjj–1

TITLE 16—CONSERVATION

ther management pursuant to section 1782(c) of
title 43 and shall be managed in accordance with
other applicable provisions of law, including this
subchapter.

§ 460iii–6. Authorization of appropriations

(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.

(Pub. L. 103–64, § 7, Aug. 4, 1993, 107 Stat. 310.)

(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
section 666 of title 43.
(Pub. L. 103–64, § 6, Aug. 4, 1993, 107 Stat. 308.)
REFERENCES IN TEXT
The Endangered Species Act of 1973, referred to in
subsec. (a)(1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat.
884, as amended, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 1531 of this title and Tables.
The National Trails System Act, referred to in subsec. (a)(1), is Pub. L. 90–543, Oct. 2, 1968, 82 Stat. 919, as
amended, which is classified generally to chapter 27
(§ 1241 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 1241 of this title and Tables.
The National Historic Preservation Act, referred to
in subsec. (a)(2), is Pub. L. 89–665, Oct. 15, 1966, 80 Stat.
915, as amended, which is classified generally to subchapter II (§ 470 et seq.) of chapter 1A of this title. For
complete classification of this Act to the Code, see section 470 of this title and Tables.
The Archaeological Resources Protection Act of 1979,
referred to in subsec. (a)(2), is Pub. L. 96–95, Oct. 31,
1979, 93 Stat. 721, which is classified generally to chapter 1B (§ 470aa et seq.) of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 470aa of this title and Tables.
The Native American Graves Protection and Repatriation Act, referred to in subsec. (a)(2), is Pub. L.
101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified
principally to chapter 32 (§ 3001 et seq.) of Title 25, Indians. For complete classification of this Act to the Code,
see Short Title note set out under section 3001 of Title
25 and Tables.

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.
(Pub. L. 103–104, § 1, Oct. 12, 1993, 107 Stat. 1025;
Pub. L. 103–437, § 6(q), Nov. 2, 1994, 108 Stat. 4587.)
AMENDMENTS
1994—Subsec. (c). Pub. L. 103–437 in first sentence
struck out ‘‘Select’’ before ‘‘Committee on Indian Affairs’’.

§ 460jjj–1. Administration
(a) In general
The Secretary shall administer the recreation
area in accordance with this subchapter and the

§ 460jjj–1

TITLE 16—CONSERVATION

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 section 1604 of
this title. During development of the management plan for the recreation area, the Secretary
shall study newly designated land within the
recreation area, and adjacent national forest
land.
(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 [16 U.S.C. 470aa et
seq.], the National Historic Preservation Act [16
U.S.C. 470 et seq.], and the Act of August 11, 1978
[42 U.S.C. 1996, 1996a] (commonly referred to as
the ‘‘American Indian Religious Freedom Act’’).
(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 [42
U.S.C. 1996, 1996a] (commonly referred to as the
‘‘American Indian Religious Freedom Act’’). The
Secretary, in accordance with such Act, upon request of an Indian tribe or pueblo, may from
time to time temporarily close to general public
use one or more specific portions of the recreational area in order to protect traditional
and customary uses in such portions by Indian
peoples.
(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;

Page 762

(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 [16 U.S.C. 1531 et seq.].
(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.

Page 763

§ 460jjj–3

TITLE 16—CONSERVATION

(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.
(Pub. L. 103–104, § 2, Oct. 12, 1993, 107 Stat. 1025.)
REFERENCES IN TEXT
The Archaeological Resources Protection Act of 1979,
referred to in subsec. (c), is Pub. L. 96–95, Oct. 31, 1979,
93 Stat. 721, which is classified generally to chapter 1B
(§ 470aa et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 470aa of this title and Tables.
The National Historic Preservation Act, referred to
in subsec. (c), is Pub. L. 89–665, Oct. 15, 1966, 80 Stat. 915,
as amended, which is classified generally to subchapter
II (§ 470 et seq.) of chapter 1A of this title. For complete
classification of this Act to the Code, see section 470 of
this title and Tables.
The American Indian Religious Freedom Act, referred to in subsecs. (c) and (d)(1), is Pub. L. 95–341,
Aug. 11, 1978, 92 Stat. 469, as amended, which is classified to sections 1996 and 1996a of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 1996 of Title 42 and Tables.
The Endangered Species Act of 1973, referred to in
subsec. (e), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884,
as amended, which is classified generally to chapter 35
(§ 1531 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 1531 of this title and Tables.

§ 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
section 1491 of title 28.
(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.
(Pub. L. 103–104, § 3, Oct. 12, 1993, 107 Stat. 1028.)
CHANGE OF NAME
References to United States Claims Court deemed to
refer to United States Court of Federal Claims, see section 902(b) of Pub. L. 102–572, set out as a note under
section 171 of Title 28, Judiciary and Judicial Procedure.

§ 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 Public
1 See

Change of Name note below.

§ 460jjj–4

TITLE 16—CONSERVATION

Law 101–556 (104 Stat. 2764), known as the Baca
Location Number 1. The Secretary, in consultation with local tribal leaders and the National
Park Service, shall, no later than 2 years after
October 12, 1993, submit recommendations with
respect to future boundaries for the recreation
area.
(Pub. L. 103–104, § 4, Oct. 12, 1993, 107 Stat. 1028.)
REFERENCES IN TEXT
Public Law 101–556, referred to in text, is not classified to the Code.

§ 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.
(Pub. L. 103–104, § 5, Oct. 12, 1993, 107 Stat. 1029.)
§ 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.
(Pub. L. 103–104, § 6, Oct. 12, 1993, 107 Stat. 1029.)
SUBCHAPTER CXXII—BOSTON HARBOR
ISLANDS NATIONAL RECREATION AREA
§ 460kkk. Boston Harbor Islands National Recreation Area
(a) Purposes
The purposes of this section are—
(1) to preserve for public use and enjoyment
the lands and waters that comprise the Boston
Harbor Islands National Recreation Area;
(2) to manage the recreation area in partnership with the private sector, the Commonwealth of Massachusetts, municipalities surrounding Massachusetts and Cape Cod Bays,
the Thompson Island Outward Bound Education Center, and Trustees of Reservations,
and with historical, business, cultural, civic,
recreational and tourism organizations;
(3) to improve access to the Boston Harbor
Islands through the use of public water transportation; and
(4) to provide education and visitor information programs to increase public understand-

Page 764

ing of and appreciation for the natural and
cultural resources of the Boston Harbor Islands, including the history of Native American use and involvement.
(b) Definitions
For the purposes of this section—
(1) the term ‘‘recreation area’’ means the
Boston Harbor Islands National Recreation
Area established by subsection (c) of this section; and
(2) the term ‘‘Secretary’’ means the Secretary of the Interior.
(c) Boston Harbor Islands National Recreation
Area
(1) Establishment
In order to preserve for the benefit and inspiration of the people of the United States as
a national recreation area certain lands located in Massachusetts Bay, there is established as a unit of the National Park System
the Boston Harbor Islands National Recreation Area.
(2) Boundaries
(A) The recreation area shall be comprised of
the lands, waters, and submerged lands generally depicted on the map entitled ‘‘Proposed
Boston Harbor Islands NRA’’, numbered BOHA
80,002, and dated September 1996. Such map
shall be on file and available for public inspection in the appropriate offices of the National
Park Service. After advising the Committee
on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the 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.
(B) The recreation area shall include the following:
(i) The areas depicted on the map referenced in subparagraph (A).
(ii) Landside points required for access,
visitor services, and administration in the
city of Boston along its Harborwalk and at
Long Wharf, Fan Pier, John F. Kennedy Library, and the Custom House; Charlestown
Navy Yard; Old Northern Avenue Bridge; the
city of Quincy at Squantum Point/Marina
Bay, the Fore River Shipyard, and Town
River; the Town of Hingham at Hewitt’s
Cove; the Town of Hull; the city of Salem at
Salem National Historic Site; and the city of
Lynn at the Heritage State Park.
(3) Land acquisition
Notwithstanding subsection (h) of this section, the Secretary is authorized to acquire, in
partnership with other entities, a less than fee
interest in lands at Thompson Island within
the recreation area. The Secretary may acquire the lands only by donation, purchase
with donated or appropriated funds, or by exchange.
(d) Administration of recreation area
(1) In general
The recreation area shall be administered in
partnership by the Secretary, the Common-

Page 765

TITLE 16—CONSERVATION

wealth of Massachusetts, City of Boston and
its applicable subdivisions and others in accordance with the provisions of law generally
applicable to units of the National Park System, including sections 1, 2, 3, and 4 of this
title and sections 461 to 467 of this title as
amended and supplemented and in accordance
with the integrated management plan specified in subsection (f) of this section.
(2) State and local jurisdiction
Nothing in this section shall be construed to
diminish, enlarge, or modify any right of the
Commonwealth of Massachusetts or any political subdivision thereof, to exercise civil and
criminal jurisdiction or to carry out State
laws, rules, and regulations within the recreation area, including those relating to fish and
wildlife, or to tax persons, corporations, franchises, or private property on the lands and
waters included in the recreation area.
(3) Agreements
(A) Definition of eligible entity
In this paragraph, the term ‘‘eligible entity’’ means—
(i) the Commonwealth of Massachusetts;
(ii) a political subdivision of the Commonwealth of Massachusetts; or
(iii) any other entity that is a member of
the Boston Harbor Islands Partnership described in subsection (e)(2).
(B) Authority of Secretary
Subject to subparagraph (C), the Secretary
may consult with an eligible entity on, and
enter into with the eligible entity—
(i) a cooperative management agreement
to acquire from, and provide to, the eligible entity goods and services for the cooperative management of land within the
recreation area; and
(ii) notwithstanding section 6305 of title
31, a cooperative agreement for the construction of recreation area facilities on
land owned by an eligible entity for purposes consistent with the management
plan under subsection (f).
(C) Conditions
The Secretary may enter into an agreement with an eligible entity under subparagraph (B) only if the Secretary determines
that—
(i) appropriations for carrying out the
purposes of the agreement are available;
and
(ii) the agreement is in the best interests
of the United States.
(4) Construction of facilities on non-Federal
lands
In order to facilitate the administration of
the recreation area, the Secretary is authorized, subject to the appropriation of necessary
funds in advance, to construct essential administrative or visitor use facilities on nonFederal public lands within the recreation
area. Such facilities and the use thereof shall
be in conformance with applicable plans.
(5) Other property, funds, and services
The Secretary may accept and use donated
funds, property, and services to carry out this
section.

§ 460kkk

(6) Relationship of recreation area to BostonLogan International Airport
With respect to the recreation area, the
present and future maintenance, operation,
improvement and use of Boston-Logan International Airport and associated flight patterns from time to time in effect shall not be
deemed to constitute the use of publicly
owned land of a public park, recreation area,
or other resource within the meaning of section 303(c) of title 49, and shall not be deemed
to have a significant effect on natural, scenic,
and recreation assets within the meaning of
section 47101(h)(2) of title 49.
(7) Management in accordance with integrated
management plan
The Secretary shall preserve, interpret,
manage, and provide educational and recreational uses for the recreation area, in consultation with the owners and managers of
lands in the recreation area, in accordance
with the integrated management plan.
(e) Boston Harbor Islands Partnership establishment
(1) Establishment
There is hereby established the Boston Harbor Islands Partnership whose purpose shall be
to coordinate the activities of Federal, State,
and local authorities and the private sector in
the development and implementation of an integrated resource management plan for the
recreation area.
(2) Membership
The Partnership shall be composed of 13
members, as follows:
(A) One individual, appointed by the Secretary, to represent the National Park Service.
(B) One individual, appointed by the Commandant of the Coast Guard.. 1
(C) Two individuals, appointed by the Secretary, after consideration of recommendations by the Governor of Massachusetts, to
represent the Department of Environmental
Management and the Metropolitan District
Commission.
(D) One individual, appointed by the Secretary, after consideration of recommendations by the Chair, to represent the Massachusetts Port Authority.
(E) One individual, appointed by the Secretary, after consideration of recommendations by the Chair, to represent the Massachusetts Water Resources Authority.
(F) One individual, appointed by the Secretary, after consideration of recommendations by the Mayor of Boston, to represent
the Office of Environmental Services of the
City of Boston.
(G) One individual, appointed by the Secretary, after consideration of recommendations by the Chair, to represent the Boston
Redevelopment Authority.
(H) One individual, appointed by the Secretary, after consideration of recommendations of the President of the Thompson Is1 So

in original.

§ 460kkk

TITLE 16—CONSERVATION

land Outward Bound Education Center, to
represent the Center.
(I) One individual, appointed by the Secretary, after consideration of recommendations of the Chair, to represent the Trustees
of Reservations.
(J) One individual, appointed by the Secretary, after consideration of recommendations of the President of the Island Alliance,
to represent the Alliance, a nonprofit organization whose sole purpose is to provide financial support for the Boston Harbor Islands National Recreation Area.
(K) Two individuals, appointed by the Secretary, to represent the Boston Harbor Islands Advisory Council, established in subsection (g) of this section.
(3) Terms of office; reappointment
(A) Members of the Partnership shall serve
for terms of three years. Any member may be
reappointed for one additional 3-year term.
(B) The Secretary shall appoint the first
members of the Partnership within 30 days
after the date on which the Secretary has received all of the recommendations for appointment pursuant to subparagraphs (C), (D), (E),
(F), (G), (H), (I), and (J) of paragraph (2).
(C) A member may serve after the expiration
of his or her term until a successor has been
appointed.
(4) Compensation
Members of the Partnership shall serve
without pay, but while away from their homes
or regular places of business in the performance of services for the Partnership, 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 section 5703 of title 5.
(5) Election of officers
The Partnership shall elect one of its members as Chairperson and one as Vice Chairperson. The term of office of the Chairperson
and Vice Chairperson shall be one year. The
Vice Chairperson shall serve as chairperson in
the absence of the Chairperson.
(6) Vacancy
Any vacancy on the Partnership shall be
filled in the same manner in which the original appointment was made.
(7) Meetings
The Partnership shall meet at the call of the
Chairperson or a majority of its members.
(8) Quorum
A majority of the Partnership shall constitute a quorum.
(9) Staff of the Partnership
The Secretary shall provide the Partnership
with such staff and technical assistance as the
Secretary, after consultation with the Partnership, considers appropriate to enable the
Partnership to carry out its duties. The Secretary may accept the services of personnel
detailed from the Commonwealth of Massachusetts, any political subdivision of the Com-

Page 766

monwealth or any entity represented on the
Partnership.
(10) Hearings
The Partnership may hold such hearings, sit
and act at such times and places, take such
testimony, and receive such evidence as the
Partnership may deem appropriate.
(11) Donations
Notwithstanding any other provision of law,
the Partnership may seek and accept donations of funds, property, or services from individuals, foundations, corporations, and other
private and public entities for the purpose of
carrying out this section.
(12) Use of funds to obtain money
The Partnership 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.
(13) Mails
The Partnership may use the United States
mails in the same manner and upon the same
conditions as other departments and agencies
of the United States.
(14) Obtaining property
The Partnership 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 Partnership may not acquire any real property or interest in real property.
(15) Cooperative agreements
For purposes of carrying out the plan described in subsection (f) of this section, the
Partnership may enter into cooperative agreements with the Commonwealth of Massachusetts, any political subdivision thereof, or
with any organization or person.
(f) Integrated resource management plan
(1) In general
Within three years after November 12, 1996,
the Partnership shall submit to the Secretary
a management plan for the recreation area to
be developed and implemented by the Partnership.
(2) Contents of plan
The plan shall include (but not be limited
to) each of the following:
(A) A program providing for coordinated
administration of the recreation area with
proposed assignment of responsibilities to
the appropriate governmental unit at the
Federal, State, and local levels, and nonprofit organizations, including each of the
following:
(i) A plan to finance and support the public improvements and services recommended in the plan, including allocation of non-Federal matching requirements set forth in subsection (h)(2) of this
section and a delineation of private-sector
roles and responsibilities.
(ii) A program for the coordination and
consolidation, to the extent feasible, of ac-

Page 767

TITLE 16—CONSERVATION

tivities that may be carried out by Federal, State, and local agencies having jurisdiction over land and waters within the
recreation area, including planning and
regulatory responsibilities.
(B) Policies and programs for the following
purposes:
(i) Enhancing public outdoor recreational opportunities in the recreation
area.
(ii) Conserving, protecting, and maintaining the scenic, historical, cultural,
natural and scientific values of the islands.
(iii) Developing educational opportunities in the recreation area.
(iv) Enhancing public access to the Islands, including development of transportation networks.
(v) Identifying potential sources of revenue from programs or activities carried
out within the recreation area.
(vi) Protecting and preserving Native
American burial grounds connected with
the King Philip’s War internment period
and other periods.
(C) A policy statement that recognizes existing economic activities within the recreation area.
(3) Development of plan
In developing the plan, the Partnership
shall—
(A) 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 recreation area;
(B) consult with interested conservation,
business, professional, and citizen organizations; and
(C) conduct public hearings or meetings
for the purposes of providing interested persons with the opportunity to testify with respect to matters to be addressed by the plan.
(4) Approval of plan
(A) The Partnership shall submit the plan to
the Governor of Massachusetts for review. The
Governor shall have 90 days to review and
make any recommendations. After considering
the Governor’s recommendations, the Partnership shall submit the plan to the Secretary,
who shall approve or disapprove the plan within 90 days. In reviewing the plan the Secretary
shall consider each of the following:
(i) The adequacy of public participation.
(ii) Assurances of plan implementation
from State and local officials.
(iii) The adequacy of regulatory and financial tools that are in place to implement the
plan.
(B) If the Secretary disapproves the plan,
the Secretary shall within 60 days after the
date of such disapproval, advise the Partnership in writing of the reasons therefore, together with recommendations for revision.
Within 90 days of receipt of such notice of disapproval, the Partnership shall revise and resubmit the plan to the Secretary who shall ap-

§ 460kkk

prove or disapprove the revision within 60
days.
(5) Interim program
Prior to adoption of the Partnership’s plan,
the Secretary and the Partnership shall assist
the owners and managers of lands and waters
within the recreation area to ensure that existing programs, services, and activities that
promote the purposes of this section are supported.
(g) Boston Harbor Islands Advisory Council
(1) Establishment
The Secretary, acting through the Director
of the National Park Service, shall establish
an advisory committee to be known as the
Boston Harbor Islands Advisory Council. The
purpose of the Advisory Council shall be to
represent various groups with interests in the
recreation area and make recommendations to
the Boston Harbor Islands Partnership on issues related to the development and implementation of the integrated resource management plan developed under subsection (f) of
this section. The Advisory Council is encouraged to establish committees relating to specific recreation area management issues, including (but not limited to) education, tourism, transportation, natural resources, cultural and historic resources, and revenue-raising activities. Participation on any such committee shall not be limited to members of the
Advisory Council.
(2) Membership
The Advisory Council shall consist of not
fewer than 18 individuals, to be appointed by
the Secretary, acting through the Director of
the National Park Service. The Secretary
shall appoint no fewer than three individuals
to represent each of the following categories
of entities: municipalities; educational and
cultural institutions; environmental organizations; business and commercial entities, including those related to transportation, tourism and the maritime industry; and Boston
Harbor-related advocacy organizations; and
organizations representing Native American
interests.
(3) Procedures
Each meeting of the Advisory Council and
its committees shall be open to the public.
(4) FACA
The provisions of section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.), are
hereby waived with respect to the Advisory
Council.
(h) Authorization of appropriations
(1) In general
There are authorized to be appropriated such
sums as may be necessary to carry out this
section, provided that no funds may be appropriated for land acquisition.
(2) Matching requirement
Amounts appropriated in any fiscal year to
carry out this section may only be expended
on a matching basis in a ratio of at least three
non-Federal dollars to every Federal dollar.

§ 460lll

TITLE 16—CONSERVATION

The non-Federal share of the match may be in
the form of cash, services, or in-kind contributions, fairly valued.
(Pub. L. 104–333, div. I, title X, § 1029, Nov. 12,
1996, 110 Stat. 4232; Pub. L. 105–355, title V, § 513,
Nov. 6, 1998, 112 Stat. 3266; Pub. L. 106–176, title
I, § 126, Mar. 10, 2000, 114 Stat. 30; Pub. L. 108–352,
§ 12, Oct. 21, 2004, 118 Stat. 1397; Pub. L. 109–241,
title IX, § 902(h)(1), July 11, 2006, 120 Stat. 567;
Pub. L. 111–11, title VII, § 7109, Mar. 30, 2009, 123
Stat. 1197; Pub. L. 111–281, title IX, § 903(a)(8),
Oct. 15, 2010, 124 Stat. 3010.)
REFERENCES IN TEXT
Section 14 of the Federal Advisory Committee Act,
referred to in subsec. (g)(4), is section 14 of Pub. L.
92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.
AMENDMENTS
2010—Subsec. (e)(2)(B). Pub. L. 111–281 made technical
amendment to directory language of Pub. L. 109–241,
§ 902(h)(1). See 2006 Amendment note below.
2009—Subsec. (d)(3). Pub. L. 111–11, § 7109(a), added
par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘The Secretary may consult
and enter into cooperative agreements with the Commonwealth of Massachusetts or its political subdivisions to acquire from and provide to the Commonwealth or its political subdivisions goods and services
to be used in the cooperative management of lands
within the recreation area, if the Secretary determines
that appropriations for that purpose are available and
the agreement is in the best interest of the United
States.’’
Subsec. (e)(2)(B). Pub. L. 111–11, § 7109(b)(1), substituted ‘‘Coast Guard.’’ for ‘‘Coast Guard’’.
Subsec. (e)(11). Pub. L. 111–11, § 7109(b)(2), substituted
‘‘Notwithstanding’’ for ‘‘Nothwithstanding’’.
2006—Subsec. (e)(2)(B). Pub. L. 109–241, § 902(h)(1), as
amended by Pub. L. 111–281, § 903(a)(8), substituted
‘‘Commandant of the Coast Guard.’’ for ‘‘Secretary of
Transportation, to represent the United States Coast
Guard.’’
2004—Subsec. (c)(2)(B)(i). Pub. L. 108–352, § 12(1), substituted ‘‘referenced’’ for ‘‘reference’’.
Subsec. (d)(4). Pub. L. 108–352, § 12(2), inserted period
after ‘‘plans’’.
2000—Pub. L. 106–176, § 126(1), substituted ‘‘National
Recreation Area’’ for ‘‘Recreation Area’’ in section
catchline.
Subsec. (b)(1). Pub. L. 106–176, § 126(2), inserted
quotation marks around ‘‘recreation area’’.
Subsec. (e)(3)(B). Pub. L. 106–176, § 126(3), which directed substitution of ‘‘subparagraphs (C), (D), (E), (F),
(G), (H), (I), and (J) of paragraph (2).’’ for ‘‘subsections
(b)(3), (4), (5), (6), (7), (8), (9), and (10) of this section..’’,
was executed by making the substitution for text that
did not include the phrase ‘‘of this section..’’
Subsec. (f)(2)(A)(i). Pub. L. 106–176, § 126(4), substituted ‘‘private-sector roles’’ for ‘‘profit sector roles’’.
Subsec. (g)(1). Pub. L. 106–176, § 126(5), substituted
‘‘and revenue-raising activities.’’ for ‘‘and revenue raising activities.’’.
Subsec. (h)(2). Pub. L. 106–176, § 126(6), substituted
‘‘ratio’’ for ‘‘ration’’.
1998—Subsec. (c)(3). Pub. L. 105–355 added par. (3).
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–281, title IX, § 903(a), Oct. 15, 2010, 124 Stat.
3010, provided that the amendment by section 903(a)(8)
is effective with enactment of Pub. L. 109–241.

Page 768

SUBCHAPTER CXXIII—LAND BETWEEN THE
LAKES PROTECTION
§ 460lll. Definitions
In this subchapter:
(1) Administrator
The term ‘‘Administrator’’ means the Administrator of the Environmental Protection
Agency.
(2) Advisory Board
The term ‘‘Advisory Board’’ means the Land
Between the Lakes Advisory Board established
under section 460lll–22 of this title.
(3) Chairman
The term ‘‘Chairman’’ means the Chairman
of the Board of Directors of the Tennessee Valley Authority.
(4) Eligible employee
The term ‘‘eligible employee’’ means a person that was, on the date of transfer pursuant
to section 460lll–41 of this title, a full-time or
part-time annual employee of the Tennessee
Valley Authority at the Recreation Area.
(5) Environmental law
(A) In general
The term ‘‘environmental law’’ means all
applicable Federal, State, and local laws (including regulations) and requirements related to protection of human health, natural
and cultural resources, or the environment.
(B) Inclusions
The term ‘‘environmental law’’ includes—
(i) the Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.);
(ii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(iv) the Clean Air Act (42 U.S.C. 7401 et
seq.);
(v) the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136 et seq.);
(vi) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
(vii) the Safe Drinking Water Act (42
U.S.C. 300f et seq.);
(viii) the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(ix) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
(6) Forest highway
The term ‘‘forest highway’’ has the meaning
given the term in section 101(a) of title 23.
(7) Governmental unit
The term ‘‘governmental unit’’ means an
agency of the Federal Government or a State
or local government, local governmental unit,
public or municipal corporation, or unit of a
State university system.
(8) Hazardous substance
The term ‘‘hazardous substance’’ has the
meaning given the term in section 101 of the
Comprehensive
Environmental
Response,

Page 769

§ 460lll–1

TITLE 16—CONSERVATION

Compensation, and Liability Act of 1980 (42
U.S.C. 9601).
(9) Person
The term ‘‘person’’ has the meaning given
the term in section 101 of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(10) Pollutant or contaminant
The term ‘‘pollutant or contaminant’’ has
the meaning given the term in section 101 of
the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9601).
(11) Recreation Area
The term ‘‘Recreation Area’’ means the
Land Between the Lakes National Recreation
Area.
(12) Release
The term ‘‘release’’ has the meaning given
the term in section 101 of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(13) Response action
The term ‘‘response action’’ has the meaning
given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(14) Secretary
The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(15) State
The term ‘‘State’’ means the State of Kentucky and the State of Tennessee.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 502],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–310.)
REFERENCES IN TEXT
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in par.
(5)(B)(i), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as
amended, which is classified principally to chapter 103
(§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 9601 of
Title 42 and Tables.
The Solid Waste Disposal Act, referred to in par.
(5)(B)(ii), is title II of Pub. L. 89–272, Oct. 20, 1965, 79
Stat. 997, as amended generally by Pub. L. 94–580, § 2,
Oct. 21, 1976, 90 Stat. 2795, which is classified generally
to chapter 82 (§ 6901 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.
The Federal Water Pollution Control Act, referred to
in par. (5)(B)(iii), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat.
816, which is classified generally to chapter 26 (§ 1251 et
seq.) of Title 33, Navigation and Navigable Waters. For
complete classification of this Act to the Code, see
Short Title note set out under section 1251 of Title 33
and Tables.
The Clean Air Act, referred to in par. (5)(B)(iv), is act
July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is
classified generally to chapter 85 (§ 7401 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 7401 of Title 42 and Tables.
The Federal Insecticide, Fungicide, and Rodenticide
Act, referred to in par. (5)(B)(v), is act June 25, 1947, ch.

125, as amended generally by Pub. L. 92–516, Oct. 21,
1972, 86 Stat. 973, which is classified generally to subchapter II (§ 136 et seq.) of chapter 6 of Title 7, Agriculture. For complete classification of this Act to the
Code, see Short Title note set out under section 136 of
Title 7 and Tables.
The Toxic Substances Control Act, referred to in par.
(5)(B)(vi), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, as
amended, which is classified generally to chapter 53
(§ 2601 et seq.) of Title 15, Commerce and Trade. For
complete classification of this Act to the Code, see
Short Title note set out under section 2601 of Title 15
and Tables.
The Safe Drinking Water Act, referred to in par.
(5)(B)(vii), is title XIV of act July 1, 1944, as added Pub.
L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1660, as amended,
which is classified generally to subchapter XII (§ 300f et
seq.) of chapter 6A of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 201 of
Title 42 and Tables.
The National Environmental Policy Act of 1969, referred to in par. (5)(B)(viii), is Pub. L. 91–190, Jan. 1,
1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The Endangered Species Act of 1973, referred to in
par. (5)(B)(ix), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat.
884, as amended, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 1531 of this title and Tables.
SHORT TITLE
Pub. L. 105–277, div. A, § 101(e) [title V, § 501], Oct. 21,
1998, 112 Stat. 2681–231, 2681–310, provided that: ‘‘This
title [enacting this subchapter] may be referred to as
‘The Land Between the Lakes Protection Act of 1998’.’’

§ 460lll–1. Purposes
The purposes of this subchapter are—
(1) to transfer without consideration administrative jurisdiction over the Recreation Area
from the Tennessee Valley Authority to the
Secretary so that the Recreation Area may be
managed as a unit of the National Forest System;
(2) to protect and manage the resources of
the Recreation Area for optimum yield of outdoor recreation and environmental education
through multiple use management by the Forest Service;
(3) to authorize, research, test, and demonstrate innovative programs and cost-effective management of the Recreation Area;
(4) to authorize the Secretary to cooperate
between and among the States, Federal agencies, private organizations, and corporations,
and individuals, as appropriate, in the management of the Recreation Area and to help
stimulate the development of the surrounding
region and extend the beneficial results as
widely as practicable; and
(5) to provide for the smooth and equitable
transfer of jurisdiction from the Tennessee
Valley Authority to the Secretary.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 503],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–311.)

§ 460lll–11

TITLE 16—CONSERVATION

PART A—ESTABLISHMENT, ADMINISTRATION, AND
JURISDICTION
§ 460lll–11. Establishment
(a) In general
On the transfer of administrative jurisdiction
under section 460lll–41 of this title, the Land Between the Lakes National Recreation Area in
the States of Kentucky and Tennessee is established as a unit of the National Forest System.
(b) Management
(1) In general
The Secretary shall manage the Recreation
Area for multiple use as a unit of the National
Forest System.
(2) Emphases
The emphases in the management of the
Recreation Area shall be—
(A) to provide public recreational opportunities;
(B) to conserve fish and wildlife and their
habitat; and
(C) to provide for diversity of native and
desirable non-native plants, animals, opportunities for hunting and fishing, and environmental education.
(3) Status of unit
The Secretary may administer the Recreation Area as a separate unit of the National
Forest System or in conjunction with an existing national forest.
(c) Area included
(1) In general
The Recreation Area shall comprise the federally owned land, water, and interests in the
land and water lying between Kentucky Lake
and Lake Barkley in the States of Kentucky
and Tennessee, as generally depicted on the
map entitled ‘‘Land Between the Lakes National Recreation Area—January, 1998’’.
(2) Map
The map described in paragraph (1) shall be
available for public inspection in the Office of
the Chief of the Forest Service, Washington,
D.C.
(d) Waters
(1) Water levels and navigation
Nothing in this subchapter affects the jurisdiction of the Tennessee Valley Authority or
the Army Corps of Engineers to manage and
regulate water levels and navigation of Kentucky Lake and Lake Barkley and areas subject to flood easements.
(2) Occupancy and use
Subject to the jurisdiction of the Tennessee
Valley Authority and the Army Corps of Engineers, the Secretary shall have jurisdiction to
regulate the occupancy and use of the surface
waters of the lakes for recreational purposes.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 511],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–312.)
§ 460lll–12. Civil and criminal jurisdiction
(a) Administration
The Secretary, acting through the Chief of the
Forest Service, shall administer the Recreation

Page 770

Area in accordance with this subchapter and the
laws, rules, and regulations pertaining to the
National Forest System.
(b) Status
Land within the Recreation Area shall have
the status of land acquired under the Act of
March 1, 1911 (commonly known as the ‘‘Weeks
Act’’) (16 U.S.C. 515 et seq.).
(c) Law enforcement
In order to provide for a cost-effective transfer
of the law enforcement responsibilities between
the Forest Service and the Tennessee Valley Authority, the law enforcement authorities designated under section 831c–3 of this title are
hereby granted to special agents and law enforcement officers of the Forest Service. The
law enforcement authorities designated under
section 551 of this title, section 559 of this title,
the National Forest System Drug Control Act of
1986 (16 U.S.C. 559b–559g) are hereby granted to
law enforcement agents of the Tennessee Valley
Authority, within the boundaries of the Recreation Area, for a period of 1 year from October
21, 1998.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 512],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–313.)
REFERENCES IN TEXT
Act of March 1, 1911, referred to in subsec. (b), is act
Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended, popularly
known as the Weeks Law, which is classified to sections 480, 500, 513 to 519, 521, 552, and 563 of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 552 of this title
and Tables.
The National Forest System Drug Control Act of 1986,
referred to in subsec. (c), is title XV of Pub. L. 99–570,
Oct. 27, 1986, 100 Stat. 3207–191, which enacted sections
559b to 559g of this title, amended section 841 of Title
21, Food and Drugs, and enacted provisions set out as
a note under section 559b of this title. For complete
classification of title XV to the Code, see Short Title
note set out under section 559b of this title and Tables.

§ 460lll–13. Payments to States and counties
(a) Payments in lieu of taxes
Land within the Recreation Area shall be subject to the provisions for payments in lieu of
taxes under chapter 69 of title 31.
(b) Distribution
All amounts received from charges, use fees,
and natural resource utilization, including timber and agricultural receipts, shall not be subject to distribution to States under section 500
of this title.
(c) Payments by the Tennessee Valley Authority
After the transfer of administrative jurisdiction is made under section 460lll–41 of this title—
(1) the Tennessee Valley Authority shall
continue to calculate the amount of payments
to be made to States and counties under section 831l of this title; and
(2) each State (including, for the purposes of
this subsection, the State of Kentucky, the
State of Tennessee, and any other State) that
receives a payment under that section shall
continue to calculate the amounts to be distributed to the State and local governments,
as though the transfer had not been made.

Page 771

§ 460lll–22

TITLE 16—CONSERVATION

(Pub. L. 105–277, div. A, § 101(e) [title V, § 513],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–313.)
§ 460lll–14. Forest highways
(a) In general
For purposes of section 204 of title 23, the road
known as ‘‘The Trace’’ and every other paved
road within the Recreation Area (including any
road constructed to secondary standards) shall
be considered to be a forest highway.
(b) State responsibility
(1) In general
The States shall be responsible for the maintenance of forest highways within the Recreation Area.
(2) Reimbursement
To the maximum extent provided by law,
from funds appropriated to the Department of
Transportation and available for purposes of
highway construction and maintenance, the
Secretary of Transportation shall reimburse
the States for all or a portion of the costs of
maintenance of forest highways in the Recreation Area.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 514],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–313.)
PART B—MANAGEMENT PROVISIONS
§ 460lll–21. Land and resource management plan
(a) In general
As soon as practicable after the effective date
of the transfer of jurisdiction under section
460lll–41 of this title, the Secretary shall prepare
a land and resource management plan for the
Recreation Area in conformity with the National Forest Management Act of 1976 (16 U.S.C.
472a et seq.) and other applicable law.
(b) Interim provision
Until adoption of the land and resource management plan, the Secretary may use, as appropriate, the existing Tennessee Valley Authority
Natural Resource Management Plan to provide
interim management direction. Use of all or a
portion of the management plan by the Secretary shall not be considered to be a major Federal action significantly affecting the quality of
the human environment.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 521],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–314.)
REFERENCES IN TEXT
The National Forest Management Act of 1976, referred to in subsec. (a), is Pub. L. 94–588, Oct. 22, 1976,
90 Stat. 2949, as amended, which enacted sections 472a,
521b, 1600, and 1611 to 1614 of this title, amended sections 500, 515, 516, 518, 576b, and 1601 to 1610 of this title,
repealed sections 476, 513, and 514 of this title, and enacted provisions set out as notes under sections 476, 513,
528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976
Amendment note set out under section 1600 of this title
and Tables.

Secretary shall establish the Land Between the
Lakes Advisory Board.
(b) Membership
The Advisory Board shall be composed of 17
members, of whom—
(1) 4 individuals shall be appointed by the
Secretary, including—
(A) 2 residents of the State of Kentucky;
and
(B) 2 residents of the State of Tennessee;
(2) 2 individuals shall be appointed by the
Kentucky Fish and Wildlife Commissioner or
designee;
(3) 1 individual shall be appointed by the
Tennessee Fish and Wildlife Commission or
designee;
(4) 2 individuals shall be appointed by the
Governor of the State of Tennessee;
(5) 2 individuals shall be appointed by the
Governor of the State of Kentucky; and
(6) 2 individuals shall be appointed by appropriate officials of each of the 3 counties containing the Recreation Area.
(c) Term
(1) In general
The term of a member of the Advisory Board
shall be 5 years.
(2) Succession
Members of the Advisory Board may not succeed themselves.
(d) Chairperson
The Regional Forester shall serve as chairperson of the Advisory Board.
(e) Rules of procedure
The Secretary shall prescribe the rules of procedure for the Advisory Board.
(f) Functions
The Advisory Board may advise the Secretary
on—
(1) means of promoting public participation
for the land and resource management plan for
the Recreation Area; and
(2) environmental education.
(g) Meetings
(1) Frequency
The Advisory Board shall meet at least biannually.
(2) Public meeting
A meeting of the Advisory Board shall be
open to the general public.
(3) Notice of meetings
The chairperson, through the placement of
notices in local news media and by other appropriate means shall give 2 weeks’ public notice of each meeting of the Advisory Board.
(h) No termination
Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Advisory Board.

§ 460lll–22. Advisory Board

(Pub. L. 105–277, div. A, § 101(e) [title V, § 522],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–314.)

(a) Establishment
Not later than 90 days after the date of transfer pursuant to section 460lll–41 of this title, the

Section 14(a)(2) of the Federal Advisory Committee
Act, referred to in subsec. (h), is section 14(a)(2) of Pub.

REFERENCES IN TEXT

§ 460lll–23

TITLE 16—CONSERVATION

L. 92–463, which is set out in the Appendix to Title 5,
Government Organization and Employees.

§ 460lll–23. Fees
(a) Authority
The Secretary may charge reasonable fees for
admission to and the use of the designated sites,
or for activities, within the Recreation Area.
(b) Factors
In determining whether to charge fees, the
Secretary may consider the costs of collection
weighed against potential income.
(c) Limitation
No general entrance fees shall be charged
within the Recreation Area.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 523],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–315.)
§ 460lll–24. Disposition of receipts
(a) In general
All amounts received from charges, use fees,
and natural resource utilization, including timber and agricultural receipts, shall be deposited
in a special fund in the Treasury of the United
States to be known as the ‘‘Land Between the
Lakes Management Fund’’.
(b) Use
Amounts in the Fund shall be available to the
Secretary until expended, without further Act of
appropriation, for the management of the Recreation Area, including payment of salaries and
expenses.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 524],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–315.)
§ 460lll–25. Special use authorizations
(a) In general
In addition to other authorities for the authorization of special uses within the National
Forest System, within the Recreation Area, the
Secretary may, on such terms and conditions as
the Secretary may prescribe—
(1) convey for no consideration perpetual
easements to governmental units for public
roads over United States Route 68 and the
Trace, and such other rights-of-way as the
Secretary and a governmental unit may agree;
(2) transfer or lease to governmental units
developed recreation sites or other facilities to
be managed for public purposes; and
(3) lease or authorize recreational sites or
other facilities, consistent with sections
460lll–1(2) and 460lll–11(b)(2) of this title.
(b) Consideration
(1) In general
Consideration for a lease or other special use
authorization within the Recreation Area
shall be based on fair market value.
(2) Reduction or waiver
The Secretary may reduce or waive a fee to
a governmental unit or nonprofit organization
commensurate with other consideration provided to the United States, as determined by
the Secretary.
(c) Procedure
The Secretary may use any fair and equitable
method for authorizing special uses within the

Page 772

Recreation Area, including public solicitation of
proposals.
(d) Existing authorizations
(1) In general
A permit or other authorization granted by
the Tennessee Valley Authority that is in effect on the date of transfer pursuant to section
460lll–41 of this title may continue on transfer
of administration of the Recreation Area to
the Secretary.
(2) Reissuance
A permit or authorization described in paragraph (1) may be reissued or terminated under
terms and conditions prescribed by the Secretary.
(3) Exercise of rights
The Secretary may exercise any of the
rights of the Tennessee Valley Authority contained in any permit or other authorization,
including any right to amend, modify, and revoke the permit or authorization.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 525],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–315.)
§ 460lll–26. Cooperative authorities and gifts
(a) Fish and Wildlife Service
(1) Management
(A) In general
Subject to such terms and conditions as
the Secretary may prescribe, the Secretary
may issue a special use authorization to the
United States Fish and Wildlife Service for
the management by the Service of facilities
and land agreed on by the Secretary and the
Secretary of the Interior.
(B) Fees
(i) In general
Reasonable admission and use fees may
be charged for all areas administered by
the United States Fish and Wildlife Service.
(ii) Deposit
The fees shall be deposited in accordance
with section 460lll–24 of this title.
(2) Cooperation
The Secretary and the Secretary of the Interior may cooperate or act jointly on activities
such as population monitoring and inventory
of fish and wildlife with emphasis on migratory birds and endangered and threatened species, environmental education, visitor services, conservation demonstration projects and
scientific research.
(3) Subordination of fish and wildlife activities
to overall management
The management and use of areas and facilities under permit to the United States Fish
and Wildlife Service as authorized pursuant to
this section shall be subordinate to the overall
management of the Recreation Area as directed by the Secretary.
(b) Authorities
For the management, maintenance, operation,
and interpretation of the Recreation Area and
its facilities, the Secretary may—

Page 773

§ 460lll–42

TITLE 16—CONSERVATION

(1) make grants and enter into contracts and
cooperative agreements with Federal agencies,
governmental units, nonprofit organizations,
corporations, and individuals; and
(2) accept gifts under section 2269 of title 7
notwithstanding that the donor conducts business with any agency of the Department of Agriculture or is regulated by the Secretary of
Agriculture.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 526],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–316.)
§ 460lll–27. Designation of national recreation
trail
Effective on the date of transfer pursuant to
section 460lll–41 of this title, the North-South
Trail is designated as a national recreation trail
under section 1243 of this title.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 527],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–317.)
§ 460lll–28. Cemeteries
The Secretary shall maintain an inventory of
and ensure access to cemeteries within the
Recreation Area for purposes of burial, visitation, and maintenance.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 528],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–317.)
§ 460lll–29. Resource management
(a) Minerals
(1) Withdrawal
The land within the Recreation Area is withdrawn from the operation of the mining and
mineral leasing laws of the United States.
(2) Use of mineral materials
The Secretary may permit the use of common varieties of mineral materials for the development and maintenance of the Recreation
Area.
(b) Hunting and fishing
(1) In general
The Secretary shall permit hunting and fishing on land and water under the jurisdiction of
the Secretary within the boundaries of the
Recreation Area in accordance with applicable
laws of the United States and of each State,
respectively.
(2) Prohibition
(A) In general
The Secretary may designate areas where,
and establish periods when, hunting or fishing is prohibited for reasons of public safety,
administration, or public use and enjoyment.
(B) Consultation
Except in emergencies, a prohibition under
subparagraph (A) shall become effective only
after consultation with the appropriate fish
and game departments of the States.
(3) Fish and wildlife
Nothing in this subchapter affects the jurisdiction or responsibilities of the States with
respect to wildlife and fish on national forests.

(Pub. L. 105–277, div. A, § 101(e) [title V, § 529],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–317.)
§ 460lll–30. Hematite Dam
Within one year from the date of transfer pursuant to section 460lll–41 of this title, the Tennessee Valley Authority shall cause any breach
in the Hematite Dam to be repaired, or if such
repairs have previously been made, the Tennessee Valley Authority shall certify in a letter
to the Secretary the sound condition of the dam.
Future repair costs and maintenance of the
Hematite Dam shall be the responsibility of the
Secretary.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 530],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–317.)
§ 460lll–31. Trust Fund
(a) Establishment
There is established in the Treasury of the
United States a special interest-bearing fund
known as the ‘‘Land Between the Lakes Trust
Fund’’.
(b) Availability
Amounts in the Fund shall be available to the
Secretary, until expended, for—
(1) public education, grants, and internships
related to recreation, conservation, and multiple use land management in the Recreation
Area; and
(2) regional promotion in the Recreation
Area, in cooperation with development districts, chambers of commerce, and State and
local governments.
(c) Deposits
The Tennessee Valley Authority shall deposit
into the Fund $1,000,000 annually for each of the
5 fiscal years commencing in the first fiscal year
of the transfer. Funding to carry out this section shall be derived from funding described in
section 460lll–49 of this title.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 531],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–317.)
PART C—TRANSFER PROVISIONS
§ 460lll–41. Effective date of transfer
Effective on October 1 of the first fiscal year
for which Congress does not appropriate to the
Tennessee Valley Authority at least $6,000,000
for the Recreation Area, or, if this subchapter is
enacted during a fiscal year for which Congress
has not made such an appropriation, effective as
of October 21, 1998, administrative jurisdiction
over the Recreation Area is transferred from the
Tennessee Valley Authority to the Secretary.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 541],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–318.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original ‘‘this Act’’ and was translated as meaning section
101(e) of div. A of Pub. L. 105–277, Oct. 21, 1998, 112 Stat.
2681–231, known as the Department of the Interior and
Related Agencies Appropriations Act, 1999. For complete classification of this Act to the Code, see Tables.

§ 460lll–42. Statement of policy
It is the policy of the United States that, to
the maximum extent practicable—

§ 460lll–43

TITLE 16—CONSERVATION

(1) the transfer of jurisdiction over the
Recreation Area from the Tennessee Valley
Authority to the Secretary should be effected
in an efficient and cost-effective manner; and
(2) due consideration should be given to
minimizing—
(A) disruption of the personal lives of the
Tennessee Valley Authority and Forest
Service employees; and
(B) adverse impacts on permittees,
contractees, and others owning or operating
businesses affected by the transfer.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 542],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–318.)
§ 460lll–43. Memorandum of agreement
(a) In general
Not later than 30 days after the date of transfer pursuant to section 460lll–41 of this title, the
Secretary and the Tennessee Valley Authority
shall enter into a memorandum of agreement
concerning implementation of this subchapter.
(b) Provisions
The memorandum of understanding shall provide procedures for—
(1) the orderly withdrawal of officers and
employees of the Tennessee Valley Authority;
(2) the transfer of property, fixtures, and facilities;
(3) the interagency transfer of officers and
employees;
(4) the transfer of records; and
(5) other transfer issues.
(c) Transition team
(1) In general
The memorandum of understanding may
provide for a transition team consisting of the
Tennessee Valley Authority and Forest Service employees.
(2) Duration
The team may continue in existence after
the date of transfer.
(3) Personnel costs
The Tennessee Valley Authority and the
Forest Service shall pay personnel costs of
their respective team members.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 543],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–318.)
§ 460lll–44. Records
(a) Recreation Area records
The Secretary shall have access to all records
of the Tennessee Valley Authority pertaining to
the management of the Recreation Area.
(b) Personnel records
The Tennessee Valley Authority personnel
records shall be made available to the Secretary, on request, to the extent the records are
relevant to Forest Service administration.
(c) Confidentiality
The Tennessee Valley Authority may prescribe terms and conditions on the availability
of records to protect the confidentiality of private or proprietary information.

Page 774

(d) Land title records
The Tennessee Valley Authority shall provide
to the Secretary original records pertaining to
land titles, surveys, and other records pertaining to transferred personal property and facilities.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 544],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–318.)
§ 460lll–45. Transfer of personal property
(a) Subject property
(1) Inventory
Not later than 60 days after the date of
transfer pursuant to section 460lll–41 of this
title, the Tennessee Valley Authority shall
provide the Secretary with an inventory of all
property and facilities at the Recreation Area.
(2) Availability for transfer
(A) In general
All Tennessee Valley Authority property
associated with the administration of the
Recreation Area, including any property
purchased with Federal funds appropriated
for the management of the Tennessee Valley
Authority land, shall be available for transfer to the Secretary.
(B) Property included
Property under subparagraph (A) includes
buildings, office furniture and supplies, computers, office equipment, buildings, vehicles,
tools, equipment, maintenance supplies,
boats, engines, and publications.
(3) Exclusion of property
At the request of the authorized representative of the Tennessee Valley Authority, the
Secretary may exclude movable property from
transfer based on a showing by the Tennessee
Valley Authority that the property is vital to
the mission of the Tennessee Valley Authority
and cannot be replaced in a cost-effective
manner, if the Secretary determines that the
property is not needed for management of the
Recreation Area.
(b) Designation
Pursuant to such procedures as may be prescribed in the memorandum of agreement entered into under section 460lll–43 of this title, the
Secretary shall identify and designate, in writing, all Tennessee Valley Authority property to
be transferred to the Secretary.
(c) Facilitation of transfer
The Tennessee Valley Authority shall, to the
maximum extent practicable, use current personnel to facilitate the transfer of necessary
property and facilities to the Secretary, including replacement of signs and insignia, repainting of vehicles, printing of public information,
and training of new personnel. Funding for these
costs shall be derived from funding described in
section 460lll–49 of this title.
(d) Surplus property
(1) Disposition
Any personal property, including structures
and facilities, that the Secretary determines
cannot be efficiently managed and maintained

Page 775

TITLE 16—CONSERVATION

either by the Forest Service or by lease or permit to other persons may be declared excess
by the Secretary and—
(A) sold by the Secretary on such terms
and conditions as the Secretary may prescribe to achieve the maximum benefit to
the Federal Government; or
(B) disposed of under chapters 1 to 11 of
title 40 and division C (except sections 3302,
3307(e), 3501(b), 3509, 3906, 4710, and 4711) of
subtitle I of title 41.
(2) Deposit of proceeds
All net proceeds from the disposal of any
property shall be deposited into the Fund established by section 460lll–31 of this title.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 545],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–319.)
CODIFICATION
In subsec. (d)(1)(B), ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906,
4710, and 4711) of subtitle I of title 41’’ substituted for
‘‘the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.)’’ on authority of Pub. L.
107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works,
and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854,
which Act enacted Title 41, Public Contracts.

§ 460lll–46. Compliance with environmental laws
(a) Documentation of existing conditions
(1) In general
Not later than 60 days after the date of
transfer pursuant to section 460lll–41 of this
title, the Chairman and the Administrator
shall provide the Secretary all documentation
and information that exists on the environmental condition of the land and waters comprising the Recreation Area property.
(2) Additional documentation
The Chairman and the Administrator shall
provide the Secretary with any additional documentation and information regarding the environmental condition of the Recreation Area
property as such documentation and information becomes available.
(b) Action required
(1) Assessment
Not later than 120 days after the date of
transfer pursuant to section 460lll–41 of this
title, the Chairman shall provide to the Secretary an assessment indicating what action,
if any, is required under any environmental
law on Recreation Area property.
(2) Memorandum of understanding
If the assessment concludes action is required under any environmental law with respect to any portion of the Recreation Area
property, the Secretary and the Chairman
shall enter into a memorandum of understanding that—
(A) provides for the performance by the
Chairman of the required actions identified
in the assessment; and
(B) includes a schedule providing for the
prompt completion of the required actions
to the satisfaction of the Secretary.
(c) Documentation demonstrating action
On the transfer of jurisdiction over the Recreation Area from the Tennessee Valley Authority

§ 460lll–46

to the Secretary, the Chairman shall provide the
Secretary with documentation demonstrating
that all actions required under any environmental law have been taken, including all response actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) that are
necessary to protect human health and the environment with respect to any hazardous substance, pollutant, contaminant, hazardous
waste, hazardous material, or petroleum product
or derivative of a petroleum product on Recreation Area property.
(d) Continuation of responsibilities and liabilities
(1) In general
The transfer of the Recreation Area property
under this subchapter, and the requirements of
this section, shall not in any way affect the responsibilities and liabilities of the Tennessee
Valley Authority at the Recreation Area
under the Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) or any other environmental law.
(2) Access
After transfer of the Recreation Area property, the Chairman shall be accorded any access to the property that may be reasonably
required to carry out the responsibility or satisfy the liability referred to in paragraph (1).
(3) No liability
The Secretary shall not be liable under any
environmental law for matters that are related directly or indirectly to present or past activities of the Tennessee Valley Authority on
the Recreation Area property, including liability for—
(A) costs or performance of response actions required under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.)
at or related to the Recreation Area; or
(B) costs, penalties, fines, or performance
of actions related to noncompliance with
any environmental law at or related to the
Recreation Area or related to the presence,
release, or threat of release of any hazardous
substance, pollutant, or contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum
product of any kind at or related to the
Recreation Area, including contamination
resulting from migration.
(4) No effect on responsibilities or liabilities
Except as provided in paragraph (3), nothing
in this subchapter affects, modifies, amends,
repeals, alters, limits or otherwise changes, directly or indirectly, the responsibilities or liabilities under any environmental law with respect to the Secretary.
(e) Other Federal agencies
Subject to the other provisions of this section,
a Federal agency that carried or carries out operations at the Recreation Area resulting in the
release or threatened release of a hazardous substance, pollutant, or contaminant, hazardous

§ 460lll–47

TITLE 16—CONSERVATION

waste, hazardous material, or petroleum product
or derivative of a petroleum product for which
that agency would be liable under any environmental law shall pay the costs of related response actions and shall pay the costs of related
actions to remediate petroleum products or
their derivatives.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 546],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–320.)
REFERENCES IN TEXT
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsecs. (c) and (d)(1), (3)(A), is Pub. L. 96–510, Dec. 11, 1980,
94 Stat. 2767, as amended, which is classified principally
to chapter 103 (§ 9601 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables.

§ 460lll–47. Personnel
(a) In general
(1) Hiring
Notwithstanding section 3503 of title 5, and
subject to paragraph (2), the Secretary may—
(A) appoint, hire, and discharge officers
and employees to administer the Recreation
Area; and
(B) pay the officers and employees at levels that are commensurate with levels at
other units of the National Forest System.
(2) Interim retention of eligible employees
(A) In general
For a period of not less than 5 months
after the effective date of transfer to the
Forest Service—
(i) all eligible employees shall be retained in the employment of the Tennessee
Valley Authority;
(ii) those eligible employees shall be considered to be placed on detail to the Secretary and shall be subject to the direction
of the Secretary; and
(iii) the Secretary shall reimburse the
Tennessee Valley Authority for the
amount of the basic pay and all other compensation of those eligible employees.
(B) Notice to employees
The Secretary shall provide eligible employees a written notice of not less than 60
days before termination.
(C) Termination for cause
Subparagraph (A) does not preclude a termination for cause during the period described in subparagraph (A).
(b) Applications for transfer and appointment
An eligible employee shall have the right to
apply for employment by the Secretary under
procedures for transfer and appointment of Federal employees outside the Department of Agriculture.
(c) Hiring by Secretary
(1) In general
Subject to subsection (b) of this section, in
filling personnel positions within the Recreation Area, the Secretary shall follow all laws

Page 776

(including regulations) and policies applicable
to the Department of Agriculture.
(2) Notification and hiring
Notwithstanding paragraph (1), the Secretary—
(A) shall notify all eligible employees of
all openings for positions with the Forest
Service at the Recreation Area before notifying other individuals or considering applications by other individuals for the positions; and
(B) after applications by eligible employees have received consideration, if any positions remain unfilled, shall notify other individuals of the openings.
(3) Noncompetitive appointments
Notwithstanding any other placement of career transition programs authorized by the Office of Personnel Management of the United
States Department of Agriculture, the Secretary may noncompetitively appoint eligible
employees to positions in the Recreation Area.
(4) Period of service
Except to the extent that an eligible employee that is appointed by the Secretary may
be otherwise compensated for the period of
service as an employee of the Tennessee Valley Authority, that period of service shall be
treated as a period of service as an employee
of the Secretary for the purposes of probation,
career tenure, time-in-grade, and leave.
(d) Transfer to positions in other units of Tennessee Valley Authority
The Tennessee Valley Authority—
(1) shall notify all eligible employees of all
openings for positions in other units of the
Tennessee Valley Authority before notifying
other individuals or considering applications
by other individuals for the positions; and
(2) after applications by eligible employees
have received consideration, if any positions
remain unfilled, shall notify other individuals
of the openings.
(e) Employee benefit transition
(1) Memorandum of understanding
(A) In general
The Secretary and the heads of the Office
of Personnel Management, the Tennessee
Valley Authority and the Tennessee Valley
Authority Retirement System shall enter
into a memorandum of understanding providing for the transition for all eligible employees of compensation made available
through the Tennessee Valley Authority Retirement System.
(B) Employee participation
In deciding on the terms of the memorandum of understanding, the Secretary and the
heads of the Office of Personnel Management, the Tennessee Valley Authority and
the Tennessee Valley Authority Retirement
System shall meet and consult with and give
full consideration to the views of employees
and representatives of the employees of the
Tennessee Valley Authority.

Page 777

TITLE 16—CONSERVATION

(2) Eligible employees that are transferred to
other units of TVA
An eligible employee that is transferred to
another unit of the Tennessee Valley Authority shall experience no interruption in coverage for or reduction of any retirement,
health, leave, or other employee benefit.
(3) Eligible employees that are hired by the
Secretary
(A) Level of benefits
The Secretary shall provide to an eligible
employee that is hired by the Forest Service
a level of retirement and health benefits
that is equivalent to the level to which the
eligible employee would have been entitled
if the eligible employee had remained an employee of the Tennessee Valley Authority.
(B) Transfer of retirement benefits
(i) In general
Eligible employees hired by the Forest
Service shall become members of the Civil
Service Retirement System (CSRS) Offset
Plan and shall have the option to transfer
into the Federal Employees Retirement
System (FERS) within six months of their
date of transfer. Such employees shall
have the option at any time to receive
credit in CSRS Offset or FERS for all of
their TVA service in accordance with applicable procedures. Any deposits necessary to receive credit for such service
shall be considered transfers to a qualified
plan for purposes of favorable tax treatment of such amount under title 26.
(ii) Funding shortfall
(I) In general
For all eligible employees that are not
part of the Civil Service Retirement System, the Tennessee Valley Authority
shall meet any funding shortfall resulting from the transfer of retirement benefits.
(II) Notification
The Secretary shall notify the Tennessee Valley Authority Board of the
cost associated with the transfer of retirement benefits.
(III) Payment
The Tennessee Valley Authority shall
fully compensate the Secretary for the
costs associated with the transfer of retirement benefits.
(IV) No interruption
An eligible employee that is hired by
the Forest Service and is eligible for
Civil Service Retirement shall not experience any interruption in retirement
benefits.
(C) No interruption
An eligible employee that is hired by the
Secretary—
(i) shall experience no interruption in
coverage for any health, leave, or other
employee benefit; and
(ii) shall be entitled to carry over any
leave time accumulated during employment by the Tennessee Valley Authority.

§ 460lll–47

(D) Period of service
Notwithstanding section 8411(b)(3) of title
5, except to the extent that an eligible employee may be otherwise compensated (including the provision of retirement benefits
in accordance with the memorandum of understanding) for the period of service as an
employee of the Tennessee Valley Authority, that period of service shall be treated as
a period of service as an employee of the
U.S. Department of Agriculture for all purposes relating to the Federal employment of
the eligible employee.
(4) Eligible employees that are discharged not
for cause
(A) Level of benefits
The parties to the memorandum of understanding shall have authority to deem any
applicable requirement to be met, to make
payments to an employee, or take any other
action necessary to provide to an eligible
employee that is discharged as being excess
to the needs of the Tennessee Valley Authority or the Secretary and not for cause and
that does not accept an offer of employment
from the Secretary, an optimum level of retirement and health benefits that is equivalent to the level that has been afforded employees discharged in previous reductions in
force by the Tennessee Valley Authority.
(B) Minimum benefits
An eligible employee that is discharged as
being excess to the needs of the Tennessee
Valley Authority or the Secretary and not
for cause shall, at a minimum be entitled
to—
(i) at the option of the eligible employee—
(I) a lump-sum equal to $1,000, multiplied by the number of years of service of
the eligible employee (but not less that
$15,000 nor more than $25,000);
(II) a lump-sum payment equal to the
amount of pay earned by the eligible employee for the last 26 weeks of the eligible employee’s service; or
(III) the deemed addition of 5 years to
the age and the years of service of an eligible employee;
(ii) 15 months of health benefits for employees and dependents at the same level
provided as of the date of transfer pursuant to section 460lll–41 of this title;
(iii) 1 week of pay per year of service as
provided by the Tennessee Valley Authority Retirement System;
(iv) a lump-sum payment of all accumulated annual leave;
(v) unemployment compensation in accordance with State law;
(vi) eligible pension benefits as provided
by the Tennessee Valley Authority Retirement System; and
(vii) retraining assistance provided by
the Tennessee Valley Authority.
(C) Shortfall
If the board of directors of the Tennessee
Valley Authority Retirement System deter-

§ 460lll–48

TITLE 16—CONSERVATION

mines that the cost of providing the benefits
described in subparagraphs (A) and (B) would
have a negative impact on the overall retirement system, the Tennessee Valley Authority shall be required to meet any funding
shortfalls.

Page 778

Any costs incurred by Tennessee Valley Authority associated with the transfer under this
part shall be derived from funding described in
section 460lll–49 of this title.

reductions in spending and increases in receipts that are proposed to be made as a result
of activities under this subsection during the
first fiscal year of the transfer.
(2) Actual changes
Not later than 24 months after the effective
date of the transfer, the Chairman of the Tennessee Valley Authority shall submit to the
Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the Senate an itemized list of the
amounts of reductions in spending and increases in receipts as a result of activities
under this subsection during the first fiscal
year of the transfer.

(Pub. L. 105–277, div. A, § 101(e) [title V, § 548],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–325.)

(Pub. L. 105–277, div. A, § 101(e) [title V, § 549],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–325.)

(Pub. L. 105–277, div. A, § 101(e) [title V, § 547],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–321.)
§ 460lll–48. Tennessee Valley Authority transfer
costs

§ 460lll–49. Tennessee Valley Authority transfer
funding
(a) In general
The funding described in this section is funding derived from only 1 or more of the following
sources:
(1) Nonpower fund balances and collections.
(2) Investment returns of the nonpower program.
(3) Applied programmatic savings in the
power and nonpower programs.
(4) Savings from the suspension of bonuses
and awards.
(5) Savings from reductions in memberships
and contributions.
(6) Increases in collections resulting from
nonpower activities, including user fees.
(7) Increases in charges to private and public
utilities both investor and cooperatively
owned, as well as to direct load customers.
(b) Availability
Funds from the sources described in subsection (a) of this section shall be available notwithstanding section 11, 14, 15, or 29 [16 U.S.C.
831j, 831m, 831n, 831bb] or any other provision of
the Tennessee Valley Authority Act of 1933 (16
U.S.C. 831 et seq.) or any provisions of the covenants contained in any power bonds issued by
the Tennessee Valley Authority.
(c) Sufficiency of savings
The savings from and the revenue adjustment
to the budget of the Tennessee Valley Authority
for the first fiscal year of the transfer and each
fiscal year thereafter shall be sufficient so that
the net spending authority and resulting outlays
to carry out activities with funding described in
subsection (a) of this section shall not exceed $0
for the first fiscal year of the transfer and each
fiscal year thereafter.
(d) Itemized list of reductions and increased receipts
(1) Proposed changes
Not later than 30 days after the date of
transfer pursuant to section 460lll–41 of this
title, the Chairman of the Tennessee Valley
Authority shall submit to the Committee on
Appropriations of the House of Representatives and the Committee on Appropriations of
the Senate an itemized list of the amounts of

REFERENCES IN TEXT
The Tennessee Valley Authority Act of 1933, referred
to in subsec. (b), is act May 18, 1933, ch. 32, 48 Stat. 58,
as amended, which is classified generally to chapter
12A (§ 831 et seq.) of this title. For complete classification of this Act to the Code, see section 831 of this title
and Tables.

PART D—FUNDING
§ 460lll–61. Authorization of appropriations
(a) Agriculture
There are authorized to be appropriated to the
Secretary of Agriculture such sums as are necessary to—
(1) permit the Secretary to exercise administrative jurisdiction over the Recreation Area
under this subchapter; and
(2) administer the Recreation Area area as a
unit of the National Forest System.
(b) Interior
There are authorized to be appropriated to the
Secretary of the Interior such sums as are necessary to carry out activities within the Recreation Area.
(c) Use of funds
The Secretary of Agriculture may expend
amounts appropriated or otherwise made available to carry out this subchapter in a manner
consistent with the authorities exercised by the
Tennessee Valley Authority before the transfer
of the Recreation Area to the administrative jurisdiction of the Secretary, including campground management and visitor services, paid
advertisement, and procurement of food and
supplies for resale purposes.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 551],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–326; Pub. L.
106–291, title II, Oct. 11, 2000, 114 Stat. 974; Pub.
L. 107–63, title III, § 335, Nov. 5, 2001, 115 Stat. 472;
Pub. L. 108–108, title III, § 334, Nov. 10, 2003, 117
Stat. 1312.)
AMENDMENTS
2003—Subsec. (c). Pub. L. 108–108 amended heading
and text of subsec. (c) generally. Prior to amendment,
text read as follows: ‘‘Until September 30, 2004, the Secretary of Agriculture may expend amounts appropriated or otherwise made available to carry out this
subchapter in a manner consistent with the authorities
exercised by the Tennessee Valley Authority, before

Page 779

§ 460mmm–2

TITLE 16—CONSERVATION

the transfer of the Recreation Area to the administrative jurisdiction of the Secretary, regarding procurement of property, services, supplies, and equipment.’’
2001—Subsec. (c). Pub. L. 107–63 substituted ‘‘2004’’ for
‘‘2002’’.
2000—Subsec. (c). Pub. L. 106–291 added subsec. (c).

SUBCHAPTER CXXIV—MCINNIS CANYONS
NATIONAL CONSERVATION AREA
§ 460mmm. Findings and purpose
(a) Findings
Congress finds that certain areas located in
the Grand Valley in Mesa County, Colorado, and
Grand County, Utah, should be protected and enhanced for the benefit and enjoyment of present
and future generations. These areas include the
following:
(1) The areas making up the Black Ridge and
Ruby Canyons of the Grand Valley and Rabbit
Valley, which contain unique and valuable
scenic, recreational, multiple use opportunities (including grazing), paleontological, natural, and wildlife components enhanced by the
rural western setting of the area, provide extensive opportunities for recreational activities, and are publicly used for hiking, camping, and grazing, and are worthy of additional
protection as a national conservation area.
(2) The Black Ridge Canyons Wilderness
Study Area has wilderness value and offers
unique geological, paleontological, scientific,
and recreational resources.
(b) Purpose
The purpose of this subchapter is to conserve,
protect, and enhance for the benefit and enjoyment of present and future generations the
unique and nationally important values of the
public lands described in section 460mmm–2(b) of
this title, including geological, cultural, paleontological, natural, scientific, recreational, environmental, biological, wilderness, wildlife education, and scenic resources of such public
lands, by establishing the McInnis Canyons National Conservation Area and the Black Ridge
Canyons Wilderness in the State of Colorado and
the State of Utah.
(Pub. L. 106–353, § 2, Oct. 24, 2000, 114 Stat. 1374;
Pub. L. 108–400, § 1(a), Oct. 30, 2004, 118 Stat.
2254.)
AMENDMENTS
2004—Subsec. (b). Pub. L. 108–400 substituted
‘‘McInnis Canyons’’ for ‘‘Colorado Canyons’’.
CHANGE OF NAME
Pub. L. 108–400, § 1(f), Oct. 30, 2004, 118 Stat. 2254, provided that: ‘‘Any reference in a law, map, regulation,
document, paper, or other record of the United States
to the ‘Colorado Canyons National Conservation Area’
shall be deemed to be a reference to the ‘McInnis Canyons National Conservation Area’.’’
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–400, § 1(g), Oct. 30, 2004, 118 Stat. 2254, provided that: ‘‘This section [amending this section and
sections 460mmm–1, 460mmm–2, and 460mmm–6 of this
title, enacting provisions set out as a note under this
section, and amending provisions set out as a note
under this section] and the amendments made by this
section take effect on January 1, 2005.’’
SHORT TITLE
Pub. L. 106–353, § 1, Oct. 24, 2000, 114 Stat. 1374, as
amended by Pub. L. 108–400, § 1(e), Oct. 30, 2004, 118 Stat.

2254, provided that: ‘‘This Act [enacting this subchapter
and provisions listed in a table of Wilderness Areas set
out under section 1132 of this title] may be cited as the
‘McInnis Canyons National Conservation Area and
Black Ridge Canyons Wilderness Act of 2000’.’’

§ 460mmm–1. Definitions
In this subchapter:
(1) Conservation Area
The term ‘‘Conservation Area’’ means the
McInnis Canyons National Conservation Area
established by section 460mmm–2(a) of this
title.
(2) Council
The term ‘‘Council’’ means the McInnis Canyons National Conservation Area Advisory
Council established under section 460mmm–6
of this title.
(3) Management plan
The term ‘‘management plan’’ means the
management plan developed for the Conservation Area under section 460mmm–4(h) of this
title.
(4) Map
The term ‘‘Map’’ means the map entitled
‘‘Proposed Colorado Canyons National Conservation Area and Black Ridge Canyons Wilderness Area’’ and dated July 18, 2000.
(5) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Director of
the Bureau of Land Management.
(6) Wilderness
The term ‘‘Wilderness’’ means the Black
Ridge Canyons Wilderness so designated in
section 460mmm–3 of this title.
(Pub. L. 106–353, § 3, Oct. 24, 2000, 114 Stat. 1374;
Pub. L. 108–400, § 1(b), Oct. 30, 2004, 118 Stat.
2254.)
AMENDMENTS
2004—Pars. (1), (2). Pub.
‘‘McInnis’’ for ‘‘Colorado’’.

L.

108–400

substituted

EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108–400 effective Jan. 1, 2005,
see section 1(g) of Pub. L. 108–400, set out as a note
under section 460mmm of this title.

§ 460mmm–2. McInnis Canyons National Conservation Area
(a) In general
There is established the McInnis Canyons National Conservation Area in the State of Colorado and the State of Utah.
(b) Areas included
The Conservation Area shall consist of approximately 122,300 acres of public land as generally depicted on the Map.
(Pub. L. 106–353, § 4, Oct. 24, 2000, 114 Stat. 1375;
Pub. L. 108–400, § 1(c), Oct. 30, 2004, 118 Stat. 2254.)
AMENDMENTS
2004—Pub. L. 108–400, § 1(c)(1), substituted ‘‘McInnis’’
for ‘‘Colorado’’ in section catchline.
Subsec. (a). Pub. L. 108–400, § 1(c)(2), substituted
‘‘McInnis Canyons’’ for ‘‘Colorado Canyons’’.

§ 460mmm–3

TITLE 16—CONSERVATION

EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108–400 effective Jan. 1, 2005,
see section 1(g) of Pub. L. 108–400, set out as a note
under section 460mmm of this title.

§ 460mmm–3. Black Ridge Canyons Wilderness
designation
Certain lands in Mesa County, Colorado, and
Grand County, Utah, which comprise approximately 75,550 acres as generally depicted on the
Map, are hereby designated as wilderness and
therefore as a component of the National Wilderness Preservation System. Such component
shall be known as the Black Ridge Canyons Wilderness.
(Pub. L. 106–353, § 5, Oct. 24, 2000, 114 Stat. 1375.)
§ 460mmm–4. Management
(a) Conservation Area
The Secretary shall manage the Conservation
Area in a manner that—
(1) conserves, protects, and enhances the resources of the Conservation Area specified in
section 460mmm(b) 1 of this title; and
(2) is in accordance with—
(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(B) other applicable law, including this
subchapter.
(b) Uses
The Secretary shall allow only such uses of
the Conservation Area as the Secretary determines will further the purposes for which the
Conservation Area is established.
(c) Withdrawals
Subject to valid existing rights, all Federal
land within the Conservation Area and the Wilderness and all land and interests in land acquired for the Conservation Area or the Wilderness by the United States 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) the operation of the mineral leasing, mineral materials, and geothermal leasing laws,
and all amendments thereto.
Nothing in this subsection shall be construed to
affect discretionary authority of the Secretary
under other Federal laws to grant, issue, or
renew rights-of-way or other land use authorizations consistent with the other provisions of
this subchapter.
(d) Off-highway vehicle use
(1) In general
Except as provided in paragraph (2), use of
motorized vehicles in the Conservation Area—
(A) before the effective date of a management plan under subsection (h) of this section, shall be allowed only on roads and
trails designated for use of motor vehicles in
the management plan that applies on October 24, 2000, to the public lands in the Conservation Area; and
(B) after the effective date of a management plan under subsection (h) of this sec1 So

in original. Probably should be section ‘‘460mmm(a)’’.

Page 780

tion, shall be allowed only on roads and
trails designated for use of motor vehicles in
that management plan.
(2) Administrative and emergency response use
Paragraph (1) shall not limit the use of
motor vehicles in the Conservation Area as
needed for administrative purposes or to respond to an emergency.
(e) Wilderness
Subject to valid existing rights, lands designated as wilderness by this subchapter shall be
managed by the Secretary, as appropriate, in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.) and this subchapter, except that, with
respect to any wilderness areas designated by
this subchapter, any reference in the Wilderness
Act to the effective date of the Wilderness Act
shall be deemed to be a reference to October 24,
2000.
(f) Hunting, trapping, and fishing
(1) In general
Hunting, trapping, and fishing shall be allowed within the Conservation Area and the
Wilderness in accordance with applicable laws
and regulations of the United States and the
States of Colorado and Utah.
(2) Area and time closures
The head of the Colorado Division of Wildlife
(in reference to land within the State of Colorado), the head of the Utah Division of Wildlife
(in reference to land within the State of Utah),
or the Secretary after consultation with the
Colorado Division of Wildlife (in reference to
land within the State of Colorado) or the head
of the Utah Division of Wildlife (in reference
to land within the State of Utah), may issue
regulations designating zones where, and establishing limited periods when, hunting,
trapping, or fishing shall be prohibited in the
Conservation Area or the Wilderness for reasons of public safety, administration, or public
use and enjoyment.
(g) Grazing
(1) In general
Except as provided by paragraph (2), the Secretary shall issue and administer any grazing
leases or permits in the Conservation Area and
the Wilderness in accordance with the same
laws (including regulations) and Executive orders followed by the Secretary in issuing and
administering grazing leases and permits on
other land under the jurisdiction of the Bureau of Land Management.
(2) Grazing in wilderness
Grazing of livestock in the Wilderness shall
be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4)), in accordance with the
guidelines set forth in Appendix A of House
Report 101–405 of the 101st Congress.
(h) Management plan
(1) In general
Not later than 3 years after October 24, 2000,
the Secretary shall develop a comprehensive
management plan for the long-range protec-

Page 781

TITLE 16—CONSERVATION

tion and management of the Conservation
Area and the Wilderness and the lands described in paragraph (2)(E).
(2) Purposes
The management plan shall—
(A) describe the appropriate uses and management of the Conservation Area and the
Wilderness;
(B) take into consideration any information developed in studies of the land within
the Conservation Area or the Wilderness;
(C) provide for the continued management
of the utility corridor, Black Ridge Communications Site, and the Federal Aviation Administration site as such for the land designated on the Map as utility corridor,
Black Ridge Communications Site, and the
Federal Aviation Administration site;
(D) take into consideration the historical
involvement of the local community in the
interpretation and protection of the resources of the Conservation Area and the
Wilderness, as well as the Ruby Canyon/
Black Ridge Integrated Resource Management Plan, dated March 1998, which was the
result of collaborative efforts on the part of
the Bureau of Land Management and the
local community; and
(E) include all public lands between the
boundary of the Conservation Area and the
edge of the Colorado River and, on such
lands, the Secretary shall allow only such
recreational or other uses as are consistent
with this subchapter.
(i) No buffer zones
The Congress does not intend for the establishment of the Conservation Area or the Wilderness
to lead to the creation of protective perimeters
or buffer zones around the Conservation Area or
the Wilderness. The fact that there may be activities or uses on lands outside the Conservation Area or the Wilderness that would not be
allowed in the Conservation Area or the Wilderness shall not preclude such activities or uses on
such lands up to the boundary of the Conservation Area or the Wilderness consistent with
other applicable laws.
(j) Acquisition of land
(1) In general
The Secretary may acquire non-federally
owned land within the exterior boundaries of
the Conservation Area or the Wilderness only
through purchase from a willing seller, exchange, or donation.
(2) Management
Land acquired under paragraph (1) shall be
managed as part of the Conservation Area or
the Wilderness, as the case may be, in accordance with this subchapter.
(k) Interpretive facilities or sites
The Secretary may establish minimal interpretive facilities or sites in cooperation with
other public or private entities as the Secretary
considers appropriate. Any facilities or sites
shall be designed to protect the resources referred to in section 460mmm(b) of this title.
(l) Water rights
(1) Findings
Congress finds that—

§ 460mmm–4

(A) the lands designated as wilderness by
this subchapter are located at the headwaters of the streams and rivers on those
lands, with few, if any, actual or proposed
water resource facilities located upstream
from such lands and few, if any, opportunities for diversion, storage, or other uses of
water occurring outside such lands that
would adversely affect the wilderness or
other values of such lands;
(B) the lands designated as wilderness by
this subchapter generally are not suitable
for use for development of new water resource facilities, or for the expansion of existing facilities;
(C) it is possible to provide for proper management and protection of the wilderness
and other values of such lands in ways different from those utilized in other legislation designating as wilderness lands not
sharing the attributes of the lands designated as wilderness by this subchapter.
(2) Statutory construction
(A) Nothing in this subchapter shall constitute or be construed to constitute either an
express or implied reservation of any water or
water rights with respect to the lands designated as a national conservation area or as
wilderness by this subchapter.
(B) Nothing in this subchapter shall affect
any conditional or absolute water rights in the
State of Colorado existing on October 24, 2000.
(C) Nothing in this subsection shall be construed as establishing a precedent with regard
to any future national conservation area or
wilderness designations.
(D) Nothing in this subchapter shall be construed as limiting, altering, modifying, or
amending any of the interstate compacts or
equitable apportionment decrees that apportion water among and between the State of
Colorado and other States.
(3) Colorado water law
The Secretary shall follow the procedural
and substantive requirements of the law of the
State of Colorado in order to obtain and hold
any new water rights with respect to the Conservation Area and the Wilderness.
(4) New projects
(A) As used in this paragraph, the term
‘‘water resource facility’’ means irrigation and
pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and
other water diversion, storage, and carriage
structures. Such term does not include any
such facilities related to or used for the purpose of livestock grazing.
(B) Except as otherwise provided by subsection (g) of this section or other provisions
of this subchapter, on and after October 24,
2000, neither the President nor any other officer, employee, or agent of the United States
shall fund, assist, authorize, or issue a license
or permit for the development of any new
water resource facility within the wilderness
area designated by this subchapter.
(C) Except as provided in this paragraph,
nothing in this subchapter shall be construed

§ 460mmm–5

TITLE 16—CONSERVATION

to affect or limit the use, operation, maintenance, repair, modification, or replacement of
water resource facilities in existence on October 24, 2000, within the boundaries of the Wilderness.
(5) Boundaries along Colorado River
(A) Neither the Conservation Area nor the
Wilderness shall include any part of the Colorado River to the 100-year high water mark.
(B) Nothing in this subchapter shall affect
the authority that the Secretary may or may
not have to manage recreational uses on the
Colorado River, except as such authority may
be affected by compliance with paragraph (3).
Nothing in this subchapter shall be construed
to affect the authority of the Secretary to
manage the public lands between the boundary
of the Conservation Area and the edge of the
Colorado River.
(C) Subject to valid existing rights, all lands
owned by the Federal Government between
the 100-year high water mark on each shore of
the Colorado River, as designated on the Map
from the line labeled ‘‘Line A’’ on the east to
the boundary between the States of Colorado
and Utah on the west, are hereby withdrawn
from—
(i) all forms of entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) the operation of the mineral leasing,
mineral materials, and geothermal leasing
laws.
(Pub. L. 106–353, § 6, Oct. 24, 2000, 114 Stat. 1375.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (a)(2)(A), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43,
Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section
1701 of Title 43 and Tables.
The Wilderness Act, referred to in subsec. (e), is Pub.
L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified
generally to chapter 23 (§ 1131 et seq.) of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 1131 of this title
and Tables.
The effective date of the Wilderness Act, referred to
in subsec.(e), means Sept. 3, 1964, the date of enactment
of Pub. L. 88–577, which enacted chapter 23 of this title.

§ 460mmm–5. Maps and legal descriptions
(a) In general
As soon as practicable after October 24, 2000,
the Secretary shall submit to Congress a copy of
the Map and a legal description of the Conservation Area and of the Wilderness.
(b) Force and effect
The Map and legal descriptions shall have the
same force and effect as if included in this subchapter, except that the Secretary may correct
clerical and typographical errors in the Map and
the legal descriptions.
(c) Public availability
Copies of the Map and the legal descriptions
shall be on file and available for public inspection in—

Page 782

(1) the Office of the Director of the Bureau of
Land Management;
(2) the Grand Junction District Office of the
Bureau of Land Management in Colorado;
(3) the appropriate office of the Bureau of
Land Management in Colorado, if the Grand
Junction District Office is not deemed the appropriate office; and
(4) the appropriate office of the Bureau of
Land Management in Utah.
(d) Map controlling
Subject to section 460mmm–4(l)(3) 1 of this
title, in the case of a discrepancy between the
Map and the descriptions, the Map shall control.
(Pub. L. 106–353, § 7, Oct. 24, 2000, 114 Stat. 1379.)
§ 460mmm–6. Advisory Council
(a) Establishment
Not later than 6 months after October 24, 2000,
the Secretary shall establish an advisory council to be known as the ‘‘McInnis Canyons National Conservation Area Advisory Council’’.
(b) Duty
The Council shall advise the Secretary with
respect to preparation and implementation of
the management plan, including budgetary matters, for the Conservation Area and the Wilderness.
(c) Applicable law
The Council shall be subject to—
(1) the Federal Advisory Committee Act (5
U.S.C. App.); and
(2) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).
(d) Members
The Council shall consist of 10 members to be
appointed by the Secretary including, to the extent practicable:
(1) A member of or nominated by the Mesa
County Commission.
(2) A member nominated by the permittees
holding grazing allotments within the Conservation Area or the Wilderness.
(3) A member of or nominated by the Northwest Resource Advisory Council.
(4) Seven members residing in, or within reasonable proximity to, Mesa County, Colorado,
with recognized backgrounds reflecting—
(A) the purposes for which the Conservation Area or Wilderness was established; and
(B) the interests of the stakeholders that
are affected by the planning and management of the Conservation Area and the Wilderness.
(Pub. L. 106–353, § 8, Oct. 24, 2000, 114 Stat. 1379;
Pub. L. 108–400, § 1(d), Oct. 30, 2004, 118 Stat.
2254.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (c)(1), 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.
The Federal Land Policy and Management Act of
1976, referred to in subsec. (c)(2), is Pub. L. 94–579, Oct.
1 So

in original. Probably should be section ‘‘460mmm–4(l)(5)’’.

Page 783

21, 1976, 90 Stat. 2743, as amended, which is classified
principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.
AMENDMENTS
2004—Subsec. (a). Pub. L. 108–400 substituted
‘‘McInnis Canyons’’ for ‘‘Colorado Canyons’’.
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108–400 effective Jan. 1, 2005,
see section 1(g) of Pub. L. 108–400, set out as a note
under section 460mmm of this title.
TERMINATION OF ADVISORY COUNCILS
Advisory councils 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 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 Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L.
92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 460mmm–7. Public access
(a) In general
The Secretary shall continue to allow private
landowners reasonable access to inholdings in
the Conservation Area and Wilderness.
(b) Glade Park
The Secretary shall continue to allow public
right of access, including commercial vehicles,
to Glade Park, Colorado, in accordance with the
decision in Board of County Commissioners of
Mesa County v. Watt (634 F. Supp. 1265 (D.Colo.;
May 2, 1986)).
(Pub. L. 106–353, § 9, Oct. 24, 2000, 114 Stat. 1380.)
SUBCHAPTER CXXV—STEENS MOUNTAIN
COOPERATIVE MANAGEMENT AND PROTECTION AREA
§ 460nnn. Definitions
In this subchapter:
(1) Advisory council
The term ‘‘advisory council’’ means the
Steens Mountain Advisory Council established
by part D of this subchapter.1
(2) Cooperative management agreement
An agreement to plan or implement (or
both) cooperative recreation, ecological, grazing, fishery, vegetation, prescribed fire, cultural site protection, wildfire or other measures to beneficially meet public use needs and
the public land and private land objectives of
this subchapter.
(3) Cooperative Management and Protection
Area
The term ‘‘Cooperative Management and
Protection Area’’ means the Steens Mountain
Cooperative Management and Protection Area
designated by part A of this subchapter.
1 See

§ 460nnn

TITLE 16—CONSERVATION

References in Text note below.

(4) Easements
(A) Conservation easement
The term ‘‘conservation easement’’ means
a binding contractual agreement between
the Secretary and a landowner in the Cooperative Management and Protection Area
under which the landowner, permanently or
during a time period specified in the agreement, agrees to conserve or restore habitat,
open space, scenic, or other ecological resource values on the land covered by the
easement.
(B) Nondevelopment easement
The term ‘‘nondevelopment easement’’
means a binding contractual agreement between the Secretary and a landowner in the
Cooperative Management and Protection
Area that will, permanently or during a time
period specified in the agreement—
(i) prevent or restrict development on
the land covered by the easement; or
(ii) protect open space or viewshed.
(5) Ecological integrity
The term ‘‘ecological integrity’’ means a
landscape where ecological processes are functioning to maintain the structure, composition, activity, and resilience of the landscape
over time, including—
(A) a complex of plant communities, habitats and conditions representative of variable and sustainable successional conditions;
and
(B) the maintenance of biological diversity, soil fertility, and genetic interchange.
(6) Management plan
The term ‘‘management plan’’ means the
management plan for the Cooperative Management and Protection Area and the Wilderness
Area required to be prepared by section
460nnn–21(b) of this title.
(7) Redband Trout Reserve
The term ‘‘Redband Trout Reserve’’ means
the Donner und Blitzen Redband Trout Reserve designated by section 460nnn–72 of this
title.
(8) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Bureau of
Land Management.
(9) Science committee
The term ‘‘science committee’’ means the
committee of independent scientists appointed
under section 460nnn–53 of this title.
(10) Wilderness Area
The term ‘‘Wilderness Area’’ means the
Steens Mountain Wilderness Area designated
by part B of this subchapter.
(Pub. L. 106–399, § 2, Oct. 30, 2000, 114 Stat. 1656.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 106–399, Oct. 30, 2000,
114 Stat. 1655, which is classified generally to this subchapter. For complete classification of this Act to the
Code, see Short Title note set out below and Tables.
Part D of this subchapter, referred to in par. (1), probably should be a reference to subpart 4 of part A of this

§ 460nnn–1

TITLE 16—CONSERVATION

subchapter. Part D of this subchapter does not relate to
the Steens Mountain Advisory Council.
SHORT TITLE
Pub. L. 106–399, § 1(a), Oct. 30, 2000, 114 Stat. 1655, provided that: ‘‘This Act [enacting this subchapter and
provisions listed in a table of Wilderness Areas set out
under section 1132 of this title and amending section
1274 of this title] may be cited as the ‘Steens Mountain
Cooperative Management and Protection Act of 2000’.’’
PURPOSES
Pub. L. 106–399, § 1(b), Oct. 30, 2000, 114 Stat. 1655, provided that: ‘‘The purposes of this Act [see Short Title
note above] are the following:
‘‘(1) To maintain the cultural, economic, ecological,
and social health of the Steens Mountain area in Harney County, Oregon.
‘‘(2) To designate the Steens Mountain Wilderness
Area.
‘‘(3) To designate the Steens Mountain Cooperative
Management and Protection Area.
‘‘(4) To provide for the acquisition of private lands
through exchange for inclusion in the Wilderness
Area and the Cooperative Management and Protection Area.
‘‘(5) To provide for and expand cooperative management activities between public and private landowners in the vicinity of the Wilderness Area and surrounding lands.
‘‘(6) To authorize the purchase of land and development and nondevelopment rights.
‘‘(7) To designate additional components of the National Wild and Scenic Rivers System.
‘‘(8) To establish a reserve for redband trout and a
wildlands juniper management area.
‘‘(9) To establish a citizens’ management advisory
council for the Cooperative Management and Protection Area.
‘‘(10) To maintain and enhance cooperative and innovative management practices between the public
and private land managers in the Cooperative Management and Protection Area.
‘‘(11) To promote viable and sustainable grazing and
recreation operations on private and public lands.
‘‘(12) To conserve, protect, and manage for healthy
watersheds and the long-term ecological integrity of
Steens Mountain.
‘‘(13) To authorize only such uses on Federal lands
in the Cooperative Management and Protection Area
that are consistent with the purposes of this Act.’’

§ 460nnn–1. Maps and legal descriptions
(a) Preparation and submission
As soon as practicable after October 30, 2000,
the Secretary shall prepare and submit to Congress maps and legal descriptions of the following:
(1) The Cooperative Management and Protection Area.
(2) The Wilderness Area.
(3) The wild and scenic river segments and
redband trout reserve designated by part C of
this subchapter.
(4) The mineral withdrawal area designated
by part D of this subchapter.
(5) The wildlands juniper management area
established by part E of this subchapter.
(6) The land exchanges required by part F of
this subchapter.
(b) Legal effect and correction
The maps and legal descriptions referred to in
subsection (a) of this section shall have the
same force and effect as if included in this subchapter, except the Secretary may correct cleri-

Page 784

cal and typographical errors in such maps and
legal descriptions.
(c) Public availability
Copies of the maps and legal descriptions referred to in subsection (a) of this section shall
be on file and available for public inspection in
the Office of the Director of the Bureau of Land
Management and in the appropriate office of the
Bureau of Land Management in the State of Oregon.
(Pub. L. 106–399, § 3, Oct. 30, 2000, 114 Stat. 1657.)
§ 460nnn–2. Valid existing rights
Nothing in this subchapter shall effect 1 any
valid existing right.
(Pub. L. 106–399, § 4, Oct. 30, 2000, 114 Stat. 1658.)
§ 460nnn–3. Protection of tribal rights
Nothing in this subchapter shall be construed
to diminish the rights of any Indian tribe. Nothing in this subchapter shall be construed to diminish tribal rights, including those of the
Burns Paiute Tribe, regarding access to Federal
lands for tribal activities, including spiritual,
cultural, and traditional food gathering activities.
(Pub. L. 106–399, § 5, Oct. 30, 2000, 114 Stat. 1658.)
PART A—STEENS MOUNTAIN COOPERATIVE
MANAGEMENT AND PROTECTION AREA
SUBPART 1—DESIGNATION AND PURPOSES

§ 460nnn–11. Designation of Steens Mountain Cooperative Management and Protection Area
(a) Designation
The Secretary shall designate the Steens
Mountain Cooperative Management and Protection Area consisting of approximately 425,550
acres of Federal land located in Harney County,
Oregon, in the vicinity of Steens Mountain, as
generally depicted on the map entitled ‘‘Steens
Mountain Boundary Map’’ and dated September
18, 2000.
(b) Contents of map
In addition to the general boundaries of the
Cooperative Management and Protection Area,
the map referred to in subsection (a) of this section also depicts the general boundaries of the
following:
(1) The no livestock grazing area described
in section 460nnn–23(e) of this title.
(2) The mineral withdrawal area designated
by part D of this subchapter.
(3) The wildlands juniper management area
established by part E of this subchapter.
(Pub. L. 106–399, title I, § 101, Oct. 30, 2000, 114
Stat. 1658.)
§ 460nnn–12. Purpose and objectives of Cooperative Management and Protection Area
(a) Purpose
The purpose of the Cooperative Management
and Protection Area is to conserve, protect, and
1 So

in original. Probably should be ‘‘affect’’.

Page 785

§ 460nnn–22

TITLE 16—CONSERVATION

manage the long-term ecological integrity of
Steens Mountain for future and present generations.
(b) Objectives
To further the purpose specified in subsection
(a) of this section, and consistent with such purpose, the Secretary shall manage the Cooperative Management and Protection Area for the
benefit of present and future generations—
(1) to maintain and enhance cooperative and
innovative management projects, programs
and agreements between tribal, public, and
private interests in the Cooperative Management and Protection Area;
(2) to promote grazing, recreation, historic,
and other uses that are sustainable;
(3) to conserve, protect and to ensure traditional access to cultural, gathering, religious,
and archaeological sites by the Burns Paiute
Tribe on Federal lands and to promote cooperation with private landowners;
(4) to ensure the conservation, protection,
and improved management of the ecological,
social, and economic environment of the Cooperative Management and Protection Area, including geological, biological, wildlife, riparian, and scenic resources; and
(5) to promote and foster cooperation, communication, and understanding and to reduce
conflict between Steens Mountain users and
interests.
(Pub. L. 106–399, title I, § 102, Oct. 30, 2000, 114
Stat. 1658.)
SUBPART 2—MANAGEMENT OF FEDERAL LANDS

ment or activity plan for the Cooperative
Management and Protection Area and use information developed in previous studies of the
lands within or adjacent to the Cooperative
Management and Protection Area;
(3) provide for coordination with State,
county, and private local landowners and the
Burns Paiute Tribe; and
(4) determine measurable and achievable
management objectives, consistent with the
management objectives in section 460nnn–12 of
this title, to ensure the ecological integrity of
the area.
(c) Monitoring
The Secretary shall implement a monitoring
program for Federal lands in the Cooperative
Management and Protection Area so that
progress towards ecological integrity objectives
can be determined.
(Pub. L. 106–399, title I, § 111, Oct. 30, 2000, 114
Stat. 1659.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (a), is Pub. L. 94–579, Oct. 21,
1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.
This subchapter, referred to in subsecs. (a) and (b)(1),
was in the original ‘‘this Act’’, meaning Pub. L. 106–399,
Oct. 30, 2000, 114 Stat. 1655, which is classified generally
to this subchapter. For complete classification of this
Act to the Code, see Short Title note set out under section 460nnn of this title and Tables.

§ 460nnn–21. Management authorities and purposes

§ 460nnn–22. Roads and travel access

(a) In general
The Secretary shall manage all Federal lands
included in the Cooperative Management and
Protection Area pursuant to the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.) and other applicable provisions of
law, including this subchapter, in a manner
that—
(1) ensures the conservation, protection, and
improved management of the ecological, social and economic environment of the Cooperative Management and Protection Area, including geological, biological, wildlife, riparian, and scenic resources, North American Indian tribal and cultural and archaeological resource sites, and additional cultural and historic sites; and
(2) recognizes and allows current and historic recreational use.
(b) Management plan
Within 4 years after October 30, 2000, the Secretary shall develop a comprehensive plan for
the long-range protection and management of
the Federal lands included in the Cooperative
Management and Protection Area, including the
Wilderness Area. The plan shall—
(1) describe the appropriate uses and management of the Cooperative Management and
Protection Area consistent with this subchapter;
(2) incorporate, as appropriate, decisions
contained in any current or future manage-

(a) Transportation plan
The management plan shall include, as an integral part, a comprehensive transportation
plan for the Federal lands included in the Cooperative Management and Protection Area, which
shall address the maintenance, improvement,
and closure of roads and trails as well as travel
access.
(b) Prohibition on off-road motorized travel
(1) Prohibition
The use of motorized or mechanized vehicles
on Federal lands included in the Cooperative
Management and Protection Area—
(A) is prohibited off road; and
(B) is limited to such roads and trails as
may be designated for their use as part of
the management plan.
(2) Exceptions
Paragraph (1) does not prohibit the use of
motorized or mechanized vehicles on Federal
lands included in the Cooperative Management
and Protection Area if the Secretary determines that such use—
(A) is needed for administrative purposes
or to respond to an emergency; or
(B) is appropriate for the construction or
maintenance of agricultural facilities, fish
and wildlife management, or ecological restoration projects, except in areas designated
as wilderness or managed under the provisions of section 1782(c) of title 43.

§ 460nnn–23

TITLE 16—CONSERVATION

(c) Road closures
Any determination to permanently close an
existing road in the Cooperative Management
and Protection Area or to restrict the access of
motorized or mechanized vehicles on certain
roads shall be made in consultation with the advisory council and the public.
(d) Prohibition on new construction
(1) Prohibition, exception
No new road or trail for motorized or mechanized vehicles may be constructed on Federal
lands in the Cooperative Management and
Protection Area unless the Secretary determines that the road or trail is necessary for
public safety or protection of the environment. Any determination under this subsection shall be made in consultation with the
advisory council and the public.
(2) Trails
Nothing in this subsection is intended to
limit the authority of the Secretary to construct or maintain trails for nonmotorized or
nonmechanized use.
(e) Access to nonfederally owned lands
(1) Reasonable access
The Secretary shall provide reasonable access to nonfederally owned lands or interests
in land within the boundaries of the Cooperative Management and Protection Area and the
Wilderness Area to provide the owner of the
land or interest the reasonable use thereof.
(2) Effect on existing rights-of-way
Nothing in this subchapter shall have the effect of terminating any valid existing right-ofway on Federal lands included in the Cooperative Management and Protection Area.
(Pub. L. 106–399, title I, § 112, Oct. 30, 2000, 114
Stat. 1660.)
§ 460nnn–23. Land use authorities
(a) In general
The Secretary shall allow only such uses of
the Federal lands included in the Cooperative
Management and Protection Area as the Secretary finds will further the purposes for which
the Cooperative Management and Protection
Area is established.
(b) Commercial timber
(1) Prohibition
The Federal lands included in the Cooperative Management and Protection Area shall
not be made available for commercial timber
harvest.
(2) Limited exception
The Secretary may authorize the removal of
trees from Federal lands in the Cooperative
Management and Protection Area only if the
Secretary determines that the removal is
clearly needed for purposes of ecological restoration and maintenance or for public safety.
Except in the Wilderness Area and the wilderness study areas referred to in section
460nnn–64(a) of this title, the Secretary may
authorize the sale of products resulting from
the authorized removal of trees under this
paragraph.

Page 786

(c) Juniper management
The Secretary shall emphasize the restoration
of the historic fire regime in the Cooperative
Management and Protection Area and the resulting native vegetation communities through
active management of Western Juniper on a
landscape level. Management measures shall include the use of natural and prescribed burning.
(d) Hunting, fishing, and trapping
(1) Authorization
The Secretary shall permit hunting, fishing,
and trapping on Federal lands included in the
Cooperative Management and Protection Area
in accordance with applicable laws and regulations of the United States and the State of Oregon.
(2) Area and time limitations
After consultation with the Oregon Department of Fish and Wildlife, the Secretary may
designate zones where, and establish periods
when, hunting, trapping or fishing is prohibited on Federal lands included in the Cooperative Management and Protection Area for reasons of public safety, administration, or public
use and enjoyment.
(e) Grazing
(1) Continuation of existing law
Except as otherwise provided in this section
and part F of this subchapter, the laws, regulations, and executive orders otherwise applicable to the Bureau of Land Management in
issuing and administering grazing leases and
permits on lands under its jurisdiction shall
apply in regard to the Federal lands included
in the Cooperative Management and Protection Area.
(2) Cancellation of certain permits
The Secretary shall cancel that portion of
the permitted grazing on Federal lands in the
Fish Creek/Big Indian, East Ridge, and South
Steens allotments located within the area designated as the ‘‘no livestock grazing area’’ on
the map referred to in section 460nnn–11(a) of
this title. Upon cancellation, future grazing
use in that designated area is prohibited. The
Secretary shall be responsible for installing
and maintaining any fencing required for resource protection within the designated no
livestock grazing area.
(3) Forage replacement
Reallocation of available forage shall be
made as follows:
(A) O’Keefe pasture within the Miners
Field allotment to Stafford Ranches.
(B) Fields Seeding and Bone Creek Pasture
east of the county road within the Miners
Field allotment to Amy Ready.
(C) Miners Field Pasture, Schouver Seeding and Bone Creek Pasture west of the
county road within the Miners Field allotment to Roaring Springs Ranch.
(D) 800 animal unit months within the
Crows Nest allotment to Lowther (Clemens)
Ranch.
(4) Fencing and water systems
The Secretary shall also construct fencing
and develop water systems as necessary to

Page 787

§ 460nnn–41

TITLE 16—CONSERVATION

allow reasonable and efficient livestock use of
the forage resources referred to in paragraph
(3).
(f) Prohibition on construction of facilities
No new facilities may be constructed on Federal lands included in the Cooperative Management and Protection Area unless the Secretary
determines that the structure—
(1) will be minimal in nature;
(2) is consistent with the purposes of this
subchapter; and
(3) is necessary—
(A) for enhancing botanical, fish, wildlife,
or watershed conditions;
(B) for public information, health, or safety;
(C) for the management of livestock; or
(D) for the management of recreation, but
not for the promotion of recreation.
(g) Withdrawal
Subject to valid existing rights, the Federal
lands and interests in lands included in the Cooperative Management and Protection Areas are
hereby withdrawn from all forms of entry, appropriation, or disposal under the public land
laws, except in the case of land exchanges if the
Secretary determines that the exchange furthers the purpose and objectives specified in section 460nnn–12 of this title and so certifies to
Congress.
(Pub. L. 106–399, title I, § 113, Oct. 30, 2000, 114
Stat. 1661.)
§ 460nnn–24. Land acquisition authority
(a) Acquisition
(1) Acquisition authorized
In addition to the land acquisitions authorized by part F of this subchapter, the Secretary may acquire other non-Federal lands
and interests in lands located within the
boundaries of the Cooperative Management
and Protection Area or the Wilderness Area.
(2) Acquisition methods
Lands may be acquired under this subsection
only by voluntary exchange, donation, or purchase from willing sellers.
(b) Treatment of acquired lands
(1) In general
Subject to paragraphs (2) and (3), lands or interests in lands acquired under subsection (a)
of this section or part F of this subchapter
that are located within the boundaries of the
Cooperative Management and Protection Area
shall—
(A) become part of the Cooperative Management and Protection Area; and
(B) be managed pursuant to the laws applicable to the Cooperative Management and
Protection Area.
(2) Lands within Wilderness Area
If lands or interests in lands acquired under
subsection (a) of this section or part F of this
subchapter are within the boundaries of the
Wilderness Area, the acquired lands or interests in lands shall—
(A) become part of the Wilderness Area;
and

(B) be managed pursuant to part B of this
subchapter and the other laws applicable to
the Wilderness Area.
(3) Lands within wilderness study area
If the lands or interests in lands acquired
under subsection (a) of this section or part F
of this subchapter are within the boundaries of
a wilderness study area, the acquired lands or
interests in lands shall—
(A) become part of that wilderness study
area; and
(B) be managed pursuant to the laws applicable to that wilderness study area.
(c) Appraisal
In appraising non-Federal land, development
rights, or conservation easements for possible
acquisition under this section or section
460nnn–42 of this title, the Secretary shall disregard any adverse impacts on values resulting
from the designation of the Cooperative Management and Protection Area or the Wilderness
Area.
(Pub. L. 106–399, title I, § 114, Oct. 30, 2000, 114
Stat. 1662.)
§ 460nnn–25. Special use permits
The Secretary may renew a special recreational use permit applicable to lands included in the Wilderness Area to the extent that
the Secretary determines that the permit is consistent with the Wilderness Act (16 U.S.C. 1131 et
seq.). If renewal is not consistent with the Wilderness Act, the Secretary shall seek other opportunities for the permit holder through modification of the permit to realize historic permit
use to the extent that the use is consistent with
the Wilderness Act and this subchapter, as determined by the Secretary.
(Pub. L. 106–399, title I, § 115, Oct. 30, 2000, 114
Stat. 1663.)
REFERENCES IN TEXT
The Wilderness Act, referred to in text, is Pub. L.
88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (§ 1131 et seq.) of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 1131 of
this title and Tables.
SUBPART 3—COOPERATIVE MANAGEMENT

§ 460nnn–41.
ments

Cooperative

management

agree-

(a) Cooperative efforts
To further the purposes and objectives for
which the Cooperative Management and Protection Area is designated, the Secretary may work
with non-Federal landowners and other parties
who voluntarily agree to participate in the cooperative management of Federal and non-Federal lands in the Cooperative Management and
Protection Area.
(b) Agreements authorized
The Secretary may enter into a cooperative
management agreement with any party to provide for the cooperative conservation and management of the Federal and non-Federal lands
subject to the agreement.

§ 460nnn–42

TITLE 16—CONSERVATION

(c) Other participants
With the consent of the landowners involved,
the Secretary may permit permittees, specialuse permit holders, other Federal and State
agencies, and interested members of the public
to participate in a cooperative management
agreement as appropriate to achieve the resource or land use management objectives of the
agreement.
(d) Tribal cultural site protection
The Secretary may enter into agreements
with the Burns Paiute Tribe to protect cultural
sites in the Cooperative Management and Protection Area of importance to the tribe.
(Pub. L. 106–399, title I, § 121, Oct. 30, 2000, 114
Stat. 1663.)
§ 460nnn–42. Cooperative efforts to control development and encourage conservation
(a) Policy
Development on public and private lands within the boundaries of the Cooperative Management and Protection Area which is different
from the current character and uses of the lands
is inconsistent with the purposes of this subchapter.
(b) Use of nondevelopment and conservation
easements
The Secretary may enter into a nondevelopment easement or conservation easement with
willing landowners to further the purposes of
this subchapter.
(c) Conservation incentive payments
The Secretary may provide technical assistance, cost-share payments, incentive payments,
and education to a private landowner in the Cooperative Management and Protection Area who
enters into a contract with the Secretary to protect or enhance ecological resources on the private land covered by the contract if those protections or enhancements benefit public lands.
(d) Relation to property rights and State and
local law
Nothing in this subchapter is intended to affect rights or interests in real property or supersede State law.
(Pub. L. 106–399, title I, § 122, Oct. 30, 2000, 114
Stat. 1664.)
SUBPART 4—ADVISORY COUNCIL

§ 460nnn–51. Establishment of advisory council
(a) Establishment
The Secretary shall establish the Steens
Mountain Advisory Council to advise the Secretary in managing the Cooperative Management and Protection Area and in promoting the
cooperative management under subpart 3 of this
part.
(b) Members
The advisory council shall consist of 12 voting
members, to be appointed by the Secretary, as
follows:
(1) A private landowner in the Cooperative
Management and Protection Area, appointed

Page 788

from nominees submitted by the county court
for Harney County, Oregon.
(2) Two persons who are grazing permittees
on Federal lands in the Cooperative Management and Protection Area, appointed from
nominees submitted by the county court for
Harney County, Oregon.
(3) A person interested in fish and recreational fishing in the Cooperative Management and Protection Area, appointed from
nominees submitted by the Governor of Oregon.
(4) A member of the Burns Paiute Tribe, appointed from nominees submitted by the
Burns Paiute Tribe.
(5) Two persons who are recognized environmental representatives, one of whom shall represent the State as a whole, and one of whom
is from the local area, appointed from nominees submitted by the Governor of Oregon.
(6) A person who participates in what is commonly called dispersed recreation, such as hiking, camping, nature viewing, nature photography, bird watching, horse back riding, or
trail walking, appointed from nominees submitted by the Oregon State Director of the
Bureau of Land Management.
(7) A person who is a recreational permit
holder or is a representative of a commercial
recreation operation in the Cooperative Management and Protection Area, appointed from
nominees submitted jointly by the Oregon
State Director of the Bureau of Land Management and the county court for Harney County,
Oregon.
(8) A person who participates in what is commonly called mechanized or consumptive
recreation, such as hunting, fishing, off-road
driving, hang gliding, or parasailing, appointed from nominees submitted by the Oregon State Director of the Bureau of Land
Management.
(9) A person with expertise and interest in
wild horse management on Steens Mountain,
appointed from nominees submitted by the Oregon State Director of the Bureau of Land
Management.
(10) A person who has no financial interest in
the Cooperative Management and Protection
Area to represent statewide interests, appointed from nominees submitted by the Governor of Oregon.
(c) Consultation
In reviewing nominees submitted under subsection (b) of this section for possible appointment to the advisory council, the Secretary
shall consult with the respective community of
interest that the nominees are to represent to
ensure that the nominees have the support of
their community of interest.
(d) 1 Terms
(1) Staggered terms
Members of the advisory council shall be appointed for terms of 3 years, except that, of
the members first appointed, four members
shall be appointed for a term of 1 year and four
members shall be appointed for a term of 2
years.
1 So

in original. Two subsecs. (d) have been enacted.

Page 789

(2) Reappointment
A member may be reappointed to serve on
the advisory council.
(3) Vacancy
A vacancy on the advisory council shall be
filled in the same manner as the original appointment.
(d) 1 Chairperson and procedures
The advisory council shall elect a chairperson
and establish such rules and procedures as it
deems necessary or desirable.
(e) Service without compensation
Members of the advisory council shall serve
without pay, but the Secretary shall reimburse
members for reasonable expenses incurred in
carrying out official duties as a member of the
council.
(f) Administrative support
The Secretary shall provide the advisory council with necessary administrative support and
shall designate an appropriate officer of the Bureau of Land Management to serve as the Secretary’s liaison to the council.
(g) State liaison
The Secretary shall appoint one person, nominated by the Governor of Oregon, to serve as the
State government liaison to the advisory council.
(h) Applicable law
The advisory committee 2 shall be subject to
the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.) and the Federal Advisory Committee Act (5 U.S.C. App.).
(Pub. L. 106–399, title I, § 131, Oct. 30, 2000, 114
Stat. 1664.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (h), is Pub. L. 94–579, Oct. 21,
1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.
The Federal Advisory Committee Act, referred to in
subsec. (h), 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.

§ 460nnn–52. Advisory role in management activities
(a) Management recommendations
The advisory committee 1 shall utilize sound
science, existing plans for the management of
Federal lands included in the Cooperative Management and Protection Area, and other tools to
formulate recommendations for the Secretary
regarding—
(1) new and unique approaches to the management of lands within the boundaries of the
Cooperative Management and Protection
Area; and
(2) cooperative programs and incentives for
seamless landscape management that meets
2 So
1 So

§ 460nnn–62

TITLE 16—CONSERVATION

in original. Probably should be ‘‘advisory council’’.
in original. Probably should be ‘‘advisory council’’.

human needs and maintains and improves the
ecological and economic integrity of the Cooperative Management and Protection Area.
(b) Preparation of management plan
The Secretary shall consult with the advisory
committee 1 as part of the preparation and implementation of the management plan.
(c) Submission of recommendations
No recommendations may be presented to the
Secretary by the advisory council without the
agreement of at least nine members of the advisory council.
(Pub. L. 106–399, title I, § 132, Oct. 30, 2000, 114
Stat. 1665.)
§ 460nnn–53. Science committee
The Secretary shall appoint, as needed or at
the request of the advisory council, a team of respected, knowledgeable, and diverse scientists to
provide advice on questions relating to the management of the Cooperative Management and
Protection Area to the Secretary and the advisory council. The Secretary shall seek the advice of the advisory council in making these appointments.
(Pub. L. 106–399, title I, § 133, Oct. 30, 2000, 114
Stat. 1666.)
PART B—STEENS MOUNTAIN WILDERNESS AREA
§ 460nnn–61. Designation of Steens Mountain Wilderness Area
The Federal lands in the Cooperative Management and Protection Area depicted as wilderness on the map entitled ‘‘Steens Mountain Wilderness Area’’ and dated September 18, 2000, are
hereby designated as wilderness and therefore as
a component of the National Wilderness Preservation System. The wilderness area shall be
known as the Steens Mountain Wilderness Area.
(Pub. L. 106–399, title II, § 201, Oct. 30, 2000, 114
Stat. 1666.)
CODIFICATION
Section is comprised of section 201 of Pub. L. 106–399.
Section 201 also enacted provisions listed in a table of
Wilderness Areas set out under section 1132 of this
title.

§ 460nnn–62. Administration of Wilderness Area
(a) General rule
The Secretary shall administer the Wilderness
Area in accordance with this part and the Wilderness Act (16 U.S.C. 1131 et seq.). Any reference in the Wilderness Act to the effective
date of that Act (or any similar reference) shall
be deemed to be a reference to October 30, 2000.
(b) Wilderness boundaries along roads
Where a wilderness boundary exists along a
road, the wilderness boundary shall be set back
from the centerline of the road, consistent with
the Bureau of Land Management’s guidelines as
established in its Wilderness Management Policy.
(c) Access to non-Federal lands
The Secretary shall provide reasonable access
to private lands within the boundaries of the

§ 460nnn–63

TITLE 16—CONSERVATION

Wilderness Area, as provided in section
460nnn–22(d) 1 of this title.
(d) Grazing
(1) Administration
Except as provided in section 460nnn–23(e)(2)
of this title, grazing of livestock shall be administered in accordance with the provision of
section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)), in accordance with the provisions
of this subchapter, and in accordance with the
guidelines set forth in Appendices A and B of
House Report 101–405 of the 101st Congress.
(2) Retirement of certain permits
The Secretary shall permanently retire all
grazing permits applicable to certain lands in
the Wilderness Area, as depicted on the map
referred to in section 460nnn–11(a) of this title,
and livestock shall be excluded from these
lands.
(Pub. L. 106–399, title II, § 202, Oct. 30, 2000, 114
Stat. 1666.)
REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (a), is Pub.
L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which
is classified generally to chapter 23 (§ 1131 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1131 of
this title and Tables.
The effective date of the Wilderness Act, referred to
in subsec. (a), means Sept. 3, 1964, the date of enactment of Pub. L. 88–577, which enacted chapter 23 of this
title.
This subchapter, referred to in subsec. (d)(1), was in
the original ‘‘this Act’’, meaning Pub. L. 106–399, Oct.
30, 2000, 114 Stat. 1655, which is classified generally to
this subchapter. For complete classification of this Act
to the Code, see Short Title note set out under section
460nnn of this title and Tables.

§ 460nnn–63. Water rights
Nothing in this subchapter shall constitute an
express or implied claim or denial on the part of
the Federal Government as to exemption from
State water laws.
(Pub. L. 106–399, title II, § 203, Oct. 30, 2000, 114
Stat. 1667.)
§ 460nnn–64. Treatment of wilderness study areas
(a) Status unaffected
Except as provided in section 460nnn–92 of this
title, any wilderness study area, or portion of a
wilderness study area, within the boundaries of
the Cooperative Management and Protection
Area, but not included in the Wilderness Area,
shall remain a wilderness study area notwithstanding the enactment of this subchapter.
(b) Management
The wilderness study areas referred to in subsection (a) of this section shall continue to be
managed under section 1782(c) of title 43 in a
manner so as not to impair the suitability of the
areas for preservation as wilderness.
(c) Expansion of Basque Hills Wilderness Study
Area
The boundaries of the Basque Hills Wilderness
Study Area are hereby expanded to include the
1 So

in original. Probably should be section ‘‘460nnn–22(e)’’.

Page 790

Federal lands within sections 8, 16, 17, 21, 22, and
27 of township 36 south, range 31 east, Willamette Meridian. These lands shall be managed
under section 1782(c) of title 43 to protect and
enhance the wilderness values of these lands.
(Pub. L. 106–399, title II, § 204, Oct. 30, 2000, 114
Stat. 1667.)
PART C—WILD AND SCENIC RIVERS AND TROUT
RESERVE
§ 460nnn–71. Designation of streams for wild and
scenic river status in Steens Mountain Area
(a), (b) Omitted
(c) Management
Where management requirements for a stream
segment described in the amendments made by
this section differ between the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.) and the Wilderness Area, the more restrictive requirements
shall apply.
(Pub. L. 106–399, title III, § 301, Oct. 30, 2000, 114
Stat. 1667.)
REFERENCES IN TEXT
For the amendments made by this section, referred to
in subsec. (c), see Codification note below.
The Wild and Scenic Rivers Act, referred to in subsec.
(c), is Pub. L. 90–542, Oct. 2, 1968, 82 Stat. 906, as amended, which is classified generally to chapter 28 (§ 1271 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1271 of this title and Tables.
CODIFICATION
Section is comprised of section 301 of Pub. L. 106–399.
Subsecs. (a) and (b) of section 301 of Pub. L. 106–399
amended section 1274 of this title.

§ 460nnn–72. Donner und Blitzen River Redband
Trout Reserve
(a) Findings
The Congress finds the following:
(1) Those portions of the Donner und Blitzen
River in the Wilderness Area are an exceptional environmental resource that provides
habitat for unique populations of native fish,
migratory waterfowl, and other wildlife resources, including a unique population of
redband trout.
(2) Redband trout represent a unique natural
history reflecting the Pleistocene connection
between the lake basins of eastern Oregon and
the Snake and Columbia Rivers.
(b) Designation of Reserve
The Secretary shall designate the Donner und
Blitzen Redband Trout Reserve consisting of the
Donner und Blitzen River in the Wilderness Area
above its confluence with Fish Creek and the
Federal riparian lands immediately adjacent to
the river.
(c) Reserve purposes
The purposes of the Redband Trout Reserve
are—
(1) to conserve, protect, and enhance the
Donner und Blitzen River population of
redband trout and the unique ecosystem of
plants, fish, and wildlife of a river system; and

Page 791

§ 460nnn–91

TITLE 16—CONSERVATION

(2) to provide opportunities for scientific research, environmental education, and fish and
wildlife oriented recreation and access to the
extent compatible with paragraph (1).
(d) Exclusion of private lands
The Redband Trout Reserve does not include
any private lands adjacent to the Donner und
Blitzen River or its tributaries.
(e) Administration
(1) In general
The Secretary shall administer all lands,
waters, and interests therein in the Redband
Trout Reserve consistent with the Wilderness
Act (16 U.S.C. 1131 et seq.) and the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.).
(2) Consultation
In administering the Redband Trout Reserve, the Secretary shall consult with the advisory council and cooperate with the Oregon
Department of Fish and Wildlife.
(3) Relation to recreation
To the extent consistent with applicable
law, the Secretary shall manage recreational
activities in the Redband Trout Reserve in a
manner that conserves the unique population
of redband trout native to the Donner und
Blitzen River.
(4) Removal of dam
The Secretary shall remove the dam located
below the mouth of Fish Creek and above Page
Springs if removal of the dam is scientifically
justified and funds are available for such purpose.
(f) Outreach and education
The Secretary may work with, provide technical assistance to, provide community outreach
and education programs for or with, or enter
into cooperative agreements with private landowners, State and local governments or agencies, and conservation organizations to further
the purposes of the Redband Trout Reserve.
(Pub. L. 106–399, title III, § 302, Oct. 30, 2000, 114
Stat. 1668.)
REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (e)(1), is
Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended,
which is classified generally to chapter 23 (§ 1131 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
1131 of this title and Tables.
The Wild and Scenic Rivers Act, referred to in subsec.
(e)(1), is Pub. L. 90–542, Oct. 2, 1968, 82 Stat. 906, as
amended, which is classified generally to chapter 28
(§ 1271 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 1271 of this title and Tables.

PART D—MINERAL WITHDRAWAL AREA
§ 460nnn–81. Designation of mineral withdrawal
area
(a) Designation
Subject to valid existing rights, the Federal
lands and interests in lands included within the
withdrawal boundary as depicted on the map referred to in section 460nnn–11(a) of this title are
hereby withdrawn from—

(1) location, entry and patent under the mining laws; and
(2) operation of the mineral leasing and geothermal leasing laws and from the minerals
materials laws and all amendments thereto
except as specified in subsection (b) of this
section.
(b) Road maintenance
If consistent with the purposes of this subchapter and the management plan for the Cooperative Management and Protection Area, the
Secretary may permit the development of saleable mineral resources, for road maintenance
use only, in those locations identified on the
map referred to in section 460nnn–11(a) of this
title as an existing ‘‘gravel pit’’ within the mineral withdrawal boundaries (excluding the Wilderness Area, wilderness study areas, and designated segments of the National Wild and Scenic Rivers System) where such development was
authorized before October 30, 2000.
(Pub. L. 106–399, title IV, § 401, Oct. 30, 2000, 114
Stat. 1669.)
REFERENCES IN TEXT
This subchapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 106–399, Oct. 30,
2000, 114 Stat. 1655, which is classified generally to this
subchapter. For complete classification of this Act to
the Code, see Short Title note set out under section
460nnn of this title and Tables.

§ 460nnn–82. Treatment of State lands and mineral interests
(a) Acquisition required
The Secretary shall acquire, for approximately equal value and as agreed to by the Secretary and the State of Oregon, lands and interests in lands owned by the State within the
boundaries of the mineral withdrawal area designated pursuant to section 460nnn–81 of this
title.
(b) Acquisition methods
The Secretary shall acquire such State lands
and interests in lands in exchange for—
(1) Federal lands or Federal mineral interests that are outside the boundaries of the
mineral withdrawal area;
(2) a monetary payment to the State; or
(3) a combination of a conveyance under
paragraph (1) and a monetary payment under
paragraph (2).
(Pub. L. 106–399, title IV, § 402, Oct. 30, 2000, 114
Stat. 1669.)
PART E—ESTABLISHMENT OF WILDLANDS
JUNIPER MANAGEMENT AREA
§ 460nnn–91.
Area

Wildlands

Juniper

Management

(a) Establishment
To further the purposes of section 460nnn–23(c)
of this title, the Secretary shall establish a special management area consisting of certain Federal lands in the Cooperative Management and
Protection Area, as depicted on the map referred
to in section 460nnn–11(a) of this title, which
shall be known as the Wildlands Juniper Management Area.

§ 460nnn–92

TITLE 16—CONSERVATION

(b) Management
Special management practices shall be adopted for the Wildlands Juniper Management Area
for the purposes of experimentation, education,
interpretation, and demonstration of active and
passive management intended to restore the historic fire regime and native vegetation communities on Steens Mountain.
(c) Authorization of appropriations
In addition to the authorization of appropriations in section 460nnn–121 of this title, there is
authorized to be appropriated $5,000,000 to carry
out this part and section 460nnn–23(c) of this
title regarding juniper management in the Cooperative Management and Protection Area.
(Pub. L. 106–399, title V, § 501, Oct. 30, 2000, 114
Stat. 1670.)
§ 460nnn–92. Release from wilderness study area
status
The Federal lands included in the Wildlands
Juniper Management Area established under
section 460nnn–91 of this title are no longer subject to the requirement of section 1782(c) of title
43 pertaining to managing the lands so as not to
impair the suitability of the lands for preservation as wilderness.
(Pub. L. 106–399, title V, § 502, Oct. 30, 2000, 114
Stat. 1670.)
PART F—LAND EXCHANGES
§ 460nnn–101. Land exchange, Roaring Springs
Ranch
(a) Exchange authorized
For the purpose of protecting and consolidating Federal lands within the Cooperative Management and Protection Area, the Secretary
may carry out a land exchange with Roaring
Springs Ranch, Incorporated, to convey all
right, title, and interest of the United States in
and to certain parcels of land under the jurisdiction of the Bureau of Land Management in the
vicinity of Steens Mountain, Oregon, as depicted
on the map referred to in section 460nnn–105(a)
of this title, consisting of a total of approximately 76,374 acres in exchange for the private
lands described in subsection (b) of this section.
(b) Receipt of non-Federal lands
As consideration for the conveyance of the
Federal lands referred to in subsection (a) of
this section and the disbursement referred to in
subsection (d) of this section, Roaring Springs
Ranch, Incorporated, shall convey to the Secretary parcels of land consisting of approximately 10,909 acres, as depicted on the map referred to in section 460nnn–105(a) of this title,
for inclusion in the Wilderness Area, a wilderness study area, and the no livestock grazing
area as appropriate.
(c) Treatment of grazing
Paragraphs (2) and (3) of section 460nnn–23(e)
of this title, relating to the effect of the cancellation in part of grazing permits for the
South Steens allotment in the Wilderness Area
and reassignment of use areas as described in
paragraph (3)(C) of such section, shall apply to
the land exchange authorized by this section.

Page 792

(d) Disbursement
Upon completion of the land exchange authorized by this section, the Secretary is authorized
to make a disbursement to Roaring Springs
Ranch, Incorporated, in the amount of $2,889,000.
(e) Completion of conveyance
The Secretary shall complete the conveyance
of the Federal lands under subsection (a) of this
section within 70 days after the Secretary accepts the lands described in subsection (b) of
this section.
(Pub. L. 106–399, title VI, § 601, Oct. 30, 2000, 114
Stat. 1670.)
§ 460nnn–102. Land exchanges, C. M. Otley and
Otley Brothers
(a) C. M. Otley exchange
(1) Exchange authorized
For the purpose of protecting and consolidating Federal lands within the Cooperative
Management and Protection Area, the Secretary may carry out a land exchange with C.
M. Otley to convey all right, title, and interest of the United States in and to certain parcels of land under the jurisdiction of the Bureau of Land Management in the vicinity of
Steens Mountain, Oregon, as depicted on the
map referred to in section 460nnn–105(a) of this
title, consisting of a total of approximately
3,845 acres in exchange for the private lands
described in paragraph (2).
(2) Receipt of non-Federal lands
As consideration for the conveyance of the
Federal lands referred to in paragraph (1) and
the disbursement referred to in paragraph (3),
C. M. Otley shall convey to the Secretary a
parcel of land in the headwaters of Kiger gorge
consisting of approximately 851 acres, as depicted on the map referred to in section
460nnn–105(a) of this title, for inclusion in the
Wilderness Area and the no livestock grazing
area as appropriate.
(3) Disbursement
Upon completion of the land exchange authorized by this subsection, the Secretary is
authorized to make a disbursement to C.M.
Otley, in the amount of $920,000.
(b) Otley Brothers exchange
(1) Exchange authorized
For the purpose of protecting and consolidating Federal lands within the Cooperative
Management and Protection Area, the Secretary may carry out a land exchange with the
Otley Brother’s, Inc., to convey all right, title,
and interest of the United States in and to certain parcels of land under the jurisdiction of
the Bureau of Land Management in the vicinity of Steens Mountain, Oregon, as depicted on
the map referred to in section 460nnn–105(a) of
this title, consisting of a total of approximately 6,881 acres in exchange for the private
lands described in paragraph (2).
(2) Receipt of non-Federal lands
As consideration for the conveyance of the
Federal lands referred to in paragraph (1) and
the disbursement referred to in subsection (3),

Page 793

TITLE 16—CONSERVATION

the Otley Brother’s, Inc., shall convey to the
Secretary a parcel of land in the headwaters of
Kiger gorge consisting of approximately 505
acres, as depicted on the map referred to in
section 460nnn–105(a) of this title, for inclusion
in the Wilderness Area and the no livestock
grazing area as appropriate.
(3) Disbursement
Upon completion of the land exchange authorized by this subsection, the Secretary is
authorized to make a disbursement to Otley
Brother’s, Inc., in the amount of $400,000.
(c) Completion of conveyance
The Secretary shall complete the conveyances
of the Federal lands under subsections (a) and
(b) of this section within 70 days after the Secretary accepts the lands described in such subsections.
(Pub. L. 106–399, title VI, § 602, Oct. 30, 2000, 114
Stat. 1671.)
§ 460nnn–103. Land Exchange, Tom J. Davis Livestock, Incorporated
(a) Exchange authorized
For the purpose of protecting and consolidating Federal lands within the Wilderness Area,
the Secretary may carry out a land exchange
with Tom J. Davis Livestock, Incorporated, to
convey all right, title, and interest of the United
States in and to certain parcels of land under
the jurisdiction of the Bureau of Land Management in the vicinity of Steens Mountain, Oregon, as depicted on the map referred to in section 460nnn–105(a) of this title, consisting of a
total of approximately 5,340 acres in exchange
for the private lands described in subsection (b)
of this section.
(b) Receipt of non-Federal lands
As consideration for the conveyance of the
Federal lands referred to in subsection (a) of
this section and the disbursement referred to in
subsection (c) of this section, Tom J. Davis
Livestock, Incorporated, shall convey to the
Secretary a parcel of land consisting of approximately 5,103 acres, as depicted on the map referred to in section 460nnn–105(a) of this title,
for inclusion in the Wilderness Area.
(c) Disbursement
Upon completion of the land exchange authorized by this section, the Secretary is authorized
to make a disbursement to Tom J. Davis Livestock, Incorporated, in the amount of $800,000.
(d) Completion of conveyance
The Secretary shall complete the conveyance
of the Federal lands under subsection (a) of this
section within 70 days after the Secretary accepts the lands described in subsection (b) of
this section.
(Pub. L. 106–399, title VI, § 603, Oct. 30, 2000, 114
Stat. 1672.)
§ 460nnn–104. Land exchange, Lowther (Clemens)
Ranch
(a) Exchange authorized
For the purpose of protecting and consolidating Federal lands within the Cooperative Man-

§ 460nnn–105

agement and Protection Area, the Secretary
may carry out a land exchange with the
Lowther (Clemens) Ranch to convey all right,
title, and interest of the United States in and to
certain parcels of land under the jurisdiction of
the Bureau of Land Management in the vicinity
of Steens Mountain, Oregon, as depicted on the
map referred to in section 460nnn–105(a) of this
title, consisting of a total of approximately
11,796 acres in exchange for the private lands described in subsection (b) of this section.
(b) Receipt of non-Federal lands
As consideration for the conveyance of the
Federal lands referred to in subsection (a) of
this section and the disbursement referred to in
subsection (d) of this section, the Lowther
(Clemens) Ranch shall convey to the Secretary a
parcel of land consisting of approximately 1,078
acres, as depicted on the map referred to in section 460nnn–105(a) of this title, for inclusion in
the Cooperative Management and Protection
Area.
(c) Treatment of grazing
Paragraphs (2) and (3) of section 460nnn–23(e)
of this title, relating to the effect of the cancellation in whole of the grazing permit for the
Fish Creek/Big Indian allotment in the Wilderness Area and reassignment of use areas as described in paragraph (3)(D) of such section, shall
apply to the land exchange authorized by this
section.
(d) Disbursement
Upon completion of the land exchange authorized by this section, the Secretary is authorized
to make a disbursement to Lowther (Clemens)
Ranch, in the amount of $148,000.
(e) Completion of conveyance
The Secretary shall complete the conveyance
of the Federal lands under subsection (a) of this
section within 70 days after the Secretary accepts the lands described in subsection (b) of
this section.
(Pub. L. 106–399, title VI, § 604, Oct. 30, 2000, 114
Stat. 1672.)
§ 460nnn–105. General provisions applicable to
land exchanges
(a) Map
The land conveyances described in this part
are generally depicted on the map entitled
‘‘Steens Mountain Land Exchanges’’ and dated
September 18, 2000.
(b) Applicable law
Except as otherwise provided in this section,
the exchange of Federal land under this part is
subject to the existing laws and regulations applicable to the conveyance and acquisition of
land under the jurisdiction of the Bureau of
Land Management. It is anticipated that the
Secretary will be able to carry out such land exchanges without the promulgation of additional
regulations and without regard to the notice and
comment provisions of section 553 of title 5.
(c) Conditions on acceptance
Title to the non-Federal lands to be conveyed
under this part must be acceptable to the Sec-

§ 460nnn–121

TITLE 16—CONSERVATION

retary, and the conveyances shall be subject to
valid existing rights of record. The non-Federal
lands shall conform with the title approval
standards applicable to Federal land acquisitions.
(d) Legal descriptions
The exact acreage and legal description of all
lands to be exchanged under this part shall be
determined by surveys satisfactory to the Secretary. The costs of any such survey, as well as
other administrative costs incurred to execute a
land exchange under this part, shall be borne by
the Secretary.

Page 794

ning District established by section 460ooo–1(a)
of this title.
(3) Management plan
The term ‘‘management plan’’ means the
management plan for the Conservation Area.
(4) Public lands
The term ‘‘public lands’’ has the meaning
given the term in section 1702(e) of title 43, except that such term shall not include interest
in lands not owned by the United States.
(5) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.

(Pub. L. 106–399, title VI, § 605, Oct. 30, 2000, 114
Stat. 1673.)

(Pub. L. 106–538, § 1, Dec. 6, 2000, 114 Stat. 2563.)

PART G—FUNDING AUTHORITIES

§ 460ooo–1. Establishment of the Sonoita Valley
Acquisition Planning District

§ 460nnn–121. Authorization of appropriations
Except as provided in sections 460nnn–91(c) and
460nnn–122 of this title, there is hereby authorized to be appropriated such sums as may be
necessary to carry out this subchapter.
(Pub. L. 106–399, title VII, § 701, Oct. 30, 2000, 114
Stat. 1673.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 106–399, Oct. 30, 2000,
114 Stat. 1655, which is classified generally to this subchapter. For complete classification of this Act to the
Code, see Short Title note set out under section 460nnn
of this title and Tables.

§ 460nnn–122. Use of land and water conservation fund
(a) Availability of fund
There are authorized to be appropriated
$25,000,000 from the land and water conservation
fund established under section 460l–5 of this title
to provide funds for the acquisition of land and
interests in land under section 460nnn–24 of this
title and to enter into nondevelopment easements and conservation easements under subsections (b) and (c) of section 460nnn–42 of this
title.
(b) Term of use
Amounts appropriated pursuant to the authorization of appropriations in subsection (a) of
this section shall remain available until expended.
(Pub. L. 106–399, title VII, § 702, Oct. 30, 2000, 114
Stat. 1673.)
SUBCHAPTER CXXVI—LAS CIENEGAS
NATIONAL CONSERVATION AREA
§ 460ooo. Definitions
For the purposes of this subchapter, the following definitions apply:
(1) Conservation Area
The term ‘‘Conservation Area’’ means the
Las Cienegas National Conservation Area established by section 460ooo–3(a) of this title.
(2) Acquisition Planning District
The term ‘‘Acquisition Planning District’’
means the Sonoita Valley Acquisition Plan-

(a) In general
In order to provide for future acquisitions of
important conservation land within the Sonoita
Valley region of the State of Arizona, there is
hereby established the Sonoita Valley Acquisition Planning District.
(b) Areas included
The Acquisition Planning District shall consist of approximately 142,800 acres of land in the
Arizona counties of Pima and Santa Cruz, including the Conservation Area, as generally depicted on the map entitled ‘‘Sonoita Valley Acquisition Planning District and Las Cienegas
National Conservation Area’’ and dated October
2, 2000.
(c) Map and legal description
As soon as practicable after December 6, 2000,
the Secretary shall submit to Congress a map
and legal description of the Acquisition Planning District. In case of a conflict between the
map referred to in subsection (b) of this section
and the map and legal description submitted by
the Secretary, the map referred to in subsection
(b) of this section shall control. The map and
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 map and legal description. Copies of the map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, and in the appropriate office of the Bureau of Land Management
in Arizona.
(Pub. L. 106–538, § 2, Dec. 6, 2000, 114 Stat. 2563.)
§ 460ooo–2. Purposes of the Acquisition Planning
District
(a) In general
The Secretary shall negotiate with land owners for the acquisition of lands and interest in
lands suitable for Conservation Area expansion
that meet the purposes described in section
460ooo–3(a) of this title. The Secretary shall only
acquire property under this subchapter pursuant
to section 460ooo–6 of this title.
(b) Federal lands
The Secretary, through the Bureau of Land
Management, shall administer the public lands

Page 795

TITLE 16—CONSERVATION

within the Acquisition Planning District pursuant to this subchapter and the applicable provisions of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), subject
to valid existing rights, and in accordance with
the management plan. Such public lands shall
become part of the Conservation Area when they
become contiguous with the Conservation Area.
(c) Fish and wildlife
Nothing in this subchapter shall be construed
as affecting the jurisdiction or responsibilities
of the State of Arizona with respect to fish and
wildlife within the Acquisition Planning District.
(d) Protection of State and private lands and interests
Nothing in this subchapter shall be construed
as affecting any property rights or management
authority with regard to any lands or interest in
lands held by the State of Arizona, any political
subdivision of the State of Arizona, or any private property rights within the boundaries of
the Acquisition Planning District.
(e) Public lands
Nothing in this subchapter shall be construed
as in any way diminishing the Secretary’s or the
Bureau of Land Management’s authorities,
rights, or responsibilities for managing the public lands within the Acquisition Planning District.
(f) Coordinated management
The Secretary shall coordinate the management of the public lands within the Acquisition
Planning District with that of surrounding
county, State, and private lands consistent with
the provisions of subsection (d) of this section.
(Pub. L. 106–538, § 3, Dec. 6, 2000, 114 Stat. 2564.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (b), is Pub. L. 94–579, Oct. 21,
1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.

§ 460ooo–3. Establishment of the Las Cienegas
National Conservation Area
(a) In general
In order to conserve, protect, and enhance for
the benefit and enjoyment of present and future
generations the unique and nationally important aquatic, wildlife, vegetative, archaeological, paleontological, scientific, cave, cultural,
historical, recreational, educational, scenic,
rangeland, and riparian resources and values of
the public lands described in subsection (b) of
this section while allowing livestock grazing
and recreation to continue in appropriate areas,
there is hereby established the Las Cienegas National Conservation Area in the State of Arizona.
(b) Areas included
The Conservation Area shall consist of approximately 42,000 acres of public lands in the
Arizona counties of Pima and Santa Cruz, as

§ 460ooo–4

generally depicted on the map entitled ‘‘Sonoita
Valley Acquisition Planning District and Las
Cienegas National Conservation Area’’ and
dated October 2, 2000.
(c) Maps and legal description
As soon as practicable after December 6, 2000,
the Secretary shall submit to Congress a map
and legal description of the Conservation Area.
In case of a conflict between the map referred to
in subsection (b) of this section and the map and
legal description submitted by the Secretary,
the map referred to in subsection (b) of this section shall control. The map and 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 map and legal description. Copies
of the map and legal description shall be on file
and available for public inspection in the Office
of the Director of the Bureau of Land Management, and in the appropriate office of the Bureau of Land Management in Arizona.
(d) Forest lands
Any lands included in the Coronado National
Forest that are located within the boundaries of
the Conservation Area shall be considered to be
a part of the Conservation Area. The Secretary
of Agriculture shall revise the boundaries of the
Coronado National Forest to reflect the exclusion of such lands from the Coronado National
Forest.
(Pub. L. 106–538, § 4, Dec. 6, 2000, 114 Stat. 2564.)
§ 460ooo–4. Management of the Las Cienegas National Conservation Area
(a) In general
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 section
460ooo–3(a) of this title, pursuant to the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and other applicable law, including this subchapter.
(b) Uses
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 as set forth in section 460ooo–3(a) of this title.
(c) Grazing
The Secretary of the Interior shall permit
grazing subject to all applicable laws, regulations, and Executive orders consistent with the
purposes of this subchapter.
(d) Motorized vehicles
Except where needed for administrative purposes or to respond to an emergency, use of motorized vehicles on public lands in the Conservation Area shall be allowed only—
(1) before the effective date of a management plan prepared pursuant to section
460ooo–5 of this title, on roads and trails designated for use of motorized vehicles in the
management plan that applies on December 6,
2000; and
(2) after the effective date of a management
plan prepared pursuant to section 460ooo–5 of

§ 460ooo–5

TITLE 16—CONSERVATION

this title, on roads and trails designated for
use of motor vehicles in that management
plan.
(e) Military airspace
Prior to December 6, 2000, the Federal Aviation Administration approved restricted military airspace (Areas 2303A and 2303B) which covers portions of the Conservation Area. Designation of the Conservation Area shall not impact
or impose any altitude, flight, or other airspace
restrictions on current or future military operations or missions. Should the military require
additional or modified airspace in the future,
the Congress does not intend for the designation
of the Conservation Area to impede the military
from petitioning the Federal Aviation Administration to change or expand existing restricted
military airspace.
(f) Access to State and private lands
Nothing in this subchapter shall affect valid
existing rights-of-way within the Conservation
Area. The Secretary shall provide reasonable access to nonfederally owned lands or interest in
lands within the boundaries of the Conservation
Area.
(g) Hunting
Hunting shall be allowed within the Conservation Area in accordance with applicable laws
and regulations of the United States and the
State of Arizona, except that the Secretary,
after consultation with the Arizona State wildlife management agency, may issue regulations
designating zones where and establishing periods when no hunting shall be permitted for reasons of public safety, administration, or public
use and enjoyment.
(h) Preventative measures
Nothing in this subchapter shall preclude such
measures as the Secretary determines necessary
to prevent devastating fire or infestation of insects or disease within the Conservation Area.
(i) No buffer zones
The establishment of the Conservation Area
shall not 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 consistent with other applicable
laws.
(j) Withdrawals
Subject to valid existing rights all Federal
lands within the Conservation Area and all lands
and interest therein which are hereafter acquired 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.
(Pub. L. 106–538, § 5, Dec. 6, 2000, 114 Stat. 2565.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (a), is Pub. L. 94–579, Oct. 21,

Page 796

1976, 90 Stat. 2743, which is classified principally to
chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For
complete classification of this Act to the Code, see
Short Title note set out under section 1701 of Title 43
and Tables.

§ 460ooo–5. Management plan
(a) Plan required
Not later than 2 years after December 6, 2000,
the Secretary, through the Bureau of Land Management, shall develop and begin to implement
a comprehensive management plan for the longterm management of the public lands within the
Conservation Area in order to fulfill the purposes for which it is established, as set forth in
section 460ooo–3(a) of this title. Consistent with
the provisions of this subchapter, the management plan shall be developed—
(1) in consultation with appropriate departments of the State of Arizona, including wildlife and land management agencies, with full
public participation;
(2) from the draft Empire-Cienega Ecosystem Management Plan/EIS, dated October
2000, as it applies to Federal lands or lands
with conservation easements; and
(3) in accordance with the resource goals and
objectives developed through the Sonoita Valley Planning Partnership process as incorporated in the draft Empire-Cienega Ecosystem Management Plan/EIS, dated October
2000, giving full consideration to the management alternative preferred by the Sonoita Valley Planning Partnership, as it applies to Federal lands or lands with conservation easements.
(b) Contents
The management plan shall include—
(1) provisions designed to ensure the protection of the resources and values described in
section 460ooo–3(a) of this title;
(2) an implementation plan for a continuing
program of interpretation and public education about the resources and values of the
Conservation Area;
(3) a proposal for minimal administrative
and public facilities to be developed or improved at a level compatible with achieving
the resource objectives for the Conservation
Area and with the other proposed management
activities to accommodate visitors to the Conservation Area;
(4) cultural resources management strategies for the Conservation Area, prepared in
consultation with appropriate departments of
the State of Arizona, with emphasis on the
preservation of the resources of 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 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470
et seq.) within the Conservation Area;
(5) wildlife management strategies for the
Conservation Area, prepared in consultation
with appropriate departments of the State of
Arizona and using previous studies of the Conservation Area;
(6) production livestock grazing management strategies, prepared in consultation with

Page 797

TITLE 16—CONSERVATION

appropriate departments of the State of Arizona;
(7) provisions designed to ensure the protection of environmentally sustainable livestock
use on appropriate lands within the Conservation Area;
(8) recreation management strategies, including motorized and nonmotorized dispersed
recreation opportunities for the Conservation
Area, prepared in consultation with appropriate departments of the State of Arizona;
(9) cave resources management strategies
prepared in compliance with the goals and objectives of the Federal Cave Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.); and
(10) provisions designed to ensure that if a
road or trail located on public lands within
the Conservation Area, or any portion of such
a road or trail, is removed, consideration shall
be given to providing similar alternative access to the portion of the Conservation Area
serviced by such removed road or trail.
(c) Cooperative agreements
In order to better implement the management
plan, the Secretary may enter into cooperative
agreements with appropriate Federal, State, and
local agencies pursuant to section 1737(b) of title
43.
(d) Research activities
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, agricultural,
recreational, and other characteristics, resources, and values of the Conservation Area,
pursuant to section 1737(a) of title 43.
(Pub. L. 106–538, § 6, Dec. 6, 2000, 114 Stat. 2566.)
REFERENCES IN TEXT
The Archaeological Resources Protection Act of 1979,
referred to in subsec. (b)(4), is Pub. L. 96–95, Oct. 31,
1979, 93 Stat. 721, as amended, which is classified generally to chapter 1B (§ 470aa et seq.) of this title. For complete classification of this Act to the Code, see Short
Title note set out under section 470aa of this title and
Tables.
The National Historic Preservation Act, referred to
in subsec. (b)(4), is Pub. L. 89–665, Oct. 15, 1966, 80 Stat.
915, as amended, which is classified generally to subchapter II (§ 470 et seq.) of chapter 1A of this title. For
complete classification of this Act to the Code, see section 470(a) of this title and Tables.
The Federal Cave Resources Protection Act of 1988,
referred to in subsec. (b)(9), is Pub. L. 100–691, Nov. 18,
1988, 102 Stat. 4546, which is classified generally to
chapter 63 (§ 4301 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 4301 of this title and Tables.

§ 460ooo–6. Land acquisition
(a) In general
(1) Priority to conservation easements
In acquiring lands or interest in lands under
this section, the Secretary shall give priority
to such acquisitions in the form of conservation easements.
(2) Private lands
The Secretary is authorized to acquire privately held lands or interest in lands within

§ 460ooo–7

the boundaries of the Acquisition Planning
District only from a willing seller through donation, exchange, or purchase.
(3) County lands
The Secretary is authorized to acquire county lands or interest in lands within the boundaries of the Acquisition Planning District only
with the consent of the county through donation, exchange, or purchase.
(4) State lands
(A) In general
The Secretary is authorized to acquire
lands or interest in lands owned by the State
of Arizona located within the boundaries of
the Acquisition Planning District only with
the consent of the State and in accordance
with State law, by donation, exchange, or
purchase.
(B) Consideration
As consideration for the acquisitions by
the United States of lands or interest in
lands under this paragraph, the Secretary
shall pay fair market value for such lands or
shall convey to the State of Arizona all or
some interest in Federal lands (including
buildings and other improvements on such
lands or other Federal property other than
real property) or any other asset of equal
value within the State of Arizona.
(C) Transfer of jurisdiction
All Federal agencies are authorized to
transfer jurisdiction of Federal lands or interest in lands (including buildings and
other improvements on such lands or other
Federal property other than real property)
or any other asset within the State of Arizona to the Bureau of Land Management for
the purpose of acquiring lands or interest in
lands as provided for in this paragraph.
(b) Management of acquired lands
Lands acquired under this section shall, upon
acquisition, become part of the Conservation
Area and shall be administered as part of the
Conservation Area. These lands shall be managed in accordance with this subchapter, other
applicable laws, and the management plan.
(Pub. L. 106–538, § 7, Dec. 6, 2000, 114 Stat. 2567.)
§ 460ooo–7. Reports to Congress
(a) Protection of certain lands
Not later than 2 years after December 6, 2000,
the Secretary shall submit to Congress a report
describing the most effective measures to protect the lands north of the Acquisition Planning
District within the Rincon Valley, Colossal Cave
area, and Agua Verde Creek corridor north of
Interstate 10 to provide an ecological link to Saguaro National Park and the Rincon Mountains
and contribute to local government conservation priorities.
(b) Implementation of this subchapter
Not later than 5 years after December 6, 2000,
and at least at the end of every 10-year period
thereafter, the Secretary shall submit to Congress a report describing the implementation of
this subchapter, the condition of the resources

§ 460ppp

TITLE 16—CONSERVATION

and values of the Conservation Area, and the
progress of the Secretary in achieving the purposes for which the Conservation Area is established as set forth in section 460ooo–3(a) of this
title.
(Pub. L. 106–538, § 8, Dec. 6, 2000, 114 Stat. 2568.)
SUBCHAPTER
CXXVII—BLACK
ROCK
DESERT-HIGH ROCK CANYON EMIGRANT
TRAILS NATIONAL CONSERVATION AREA
§ 460ppp. Findings
The Congress finds the following:
(1) The areas of northwestern Nevada known
as the Black Rock Desert and High Rock Canyon contain and surround the last nationally
significant, untouched segments of the historic California emigrant Trails,1 including
wagon ruts, historic inscriptions, and a wilderness landscape largely unchanged since the
days of the pioneers.
(2) The relative absence of development in
the Black Rock Desert and high 2 Rock Canyon
areas from emigrant times to the present day
offers a unique opportunity to capture the terrain, sights, and conditions of the overland
trails as they were experienced by the emigrants and to make available to both present
and future generations of Americans the opportunity of experiencing emigrant conditions
in an unaltered setting.
(3) The Black Rock Desert and High Rock
Canyon areas are unique segments of the
Northern Great Basin and contain broad representation of the Great Basin’s land forms
and plant and animal species, including golden
eagles and other birds of prey, sage grouse,
mule deer, pronghorn antelope, bighorn sheep,
free roaming horses and burros, threatened
fish and sensitive plants.
(4) The Black Rock-High Rock region contains a number of cultural and natural resources that have been declared eligible for
National Historic Landmark and Natural
Landmark status, including a portion of the
1843–44 John Charles Fremont exploration
route, the site of the death of Peter Lassen,
early military facilities, and examples of early
homesteading and mining.
(5) The archeological, paleontological, and
geographical resources of the Black Rock-High
Rock region include numerous prehistoric and
historic Native American sites, wooly mammoth sites, some of the largest natural potholes of North America, and a remnant dry
Pleistocene lakebed (playa) where the curvature of the Earth may be observed.
(6) The two large wilderness mosaics that
frame the conservation area offer exceptional
opportunities for solitude and serve to protect
the integrity of the viewshed of the historic
emigrant trails.
(7) Public lands in the conservation area
have been used for domestic livestock grazing
for over a century, with resultant benefits to
community stability and contributions to the
local and State economies. It has not been
1 So
2 So

in original. Probably should not be capitalized.
in original. Probably should be capitalized.

Page 798

demonstrated that continuation of this use
would be incompatible with appropriate protection and sound management of the resource
values of these lands; therefore, it is expected
that such grazing will continue in accordance
with the management plan for the conservation area and other applicable laws and regulations.
(8) The Black Rock Desert playa is a unique
natural resource that serves as the primary
destination for the majority of visitors to the
conservation area, including visitors associated with large-scale permitted events. It is
expected that such permitted events will continue to be administered in accordance with
the management plan for the conservation
area and other applicable laws and regulations.
(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 2]],
Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–353.)
SHORT TITLE
Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 1]], Dec.
21, 2000, 114 Stat. 2763, 2763A–229, 2763A–353, provided
that: ‘‘This Act [S. 2273, as enacted by section
1(a)(4)[div. B, title I, § 125] of Pub. L. 106–554, enacting
this subchapter and provisions listed in a table of Wilderness Areas set out under section 1132 of this title]
may be cited as the ‘Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area Act of
2000’.’’

§ 460ppp–1. Definitions
As used in this subchapter:
(1) The term ‘‘Secretary’’ means the Secretary of the Interior.
(2) The term ‘‘public lands’’ has the meaning
stated in section 1702(e) of title 43.
(3) The term ‘‘conservation area’’ means the
Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area established pursuant to section 460ppp–2 of this
title.
(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 3]],
Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–354.)
§ 460ppp–2. Establishment of the conservation
area
(a) Establishment and purposes
In order to conserve, protect, and enhance for
the benefit and enjoyment of present and future
generations the unique and nationally important historical, cultural, paleontological, scenic,
scientific, biological, educational, wildlife, riparian, wilderness, endangered species, and recreational values and resources associated with
the Applegate-Lassen and Nobles Trails corridors and surrounding areas, there is hereby established the Black Rock Desert-High Rock
Canyon Emigrant Trails National Conservation
Area in the State of Nevada.
(b) Areas included
The conservation area shall consist of approximately 797,100 acres of public lands as generally
depicted on the map entitled ‘‘Black Rock
Desert Emigrant Trail National Conservation
Area’’ and dated October 3, 2001.
(c) Maps and legal description
As soon as practicable after December 21, 2000,
the Secretary shall submit to Congress a map

Page 799

§ 460ppp–3

TITLE 16—CONSERVATION

and legal description of the conservation area.
The map and legal description shall have the
same force and effect as if included in this subchapter, except the Secretary may correct clerical and typographical errors in such map and
legal description. Copies of the map and legal
description shall be on file and available for public inspection in the appropriate offices of the
Bureau of Land Management.
(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 4]],
Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–354;
Pub. L. 107–63, title I, § 135(a), Nov. 5, 2001, 115
Stat. 443.)
AMENDMENTS
2001—Subsec. (b). Pub. L. 107–63 substituted ‘‘October
3, 2001’’ for ‘‘July 19, 2000’’.

§ 460ppp–3. Management
(a) Management
The Secretary, acting through the Bureau of
Land Management, shall manage the conservation area in a manner that conserves, protects,
and enhances its resources and values, including
those resources and values specified in subsection 1 460ppp–2(a) of this title, in accordance
with this subchapter, the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et
seq.), and other applicable provisions of law.
(b) Access
(1) In general
The Secretary shall maintain adequate access for the reasonable use and enjoyment of
the conservation area.
(2) Private land
The Secretary shall provide reasonable access to privately owned land or interests in
land within the boundaries of the conservation
area.
(3) Existing public roads
The Secretary is authorized to maintain existing public access within the boundaries of
the conservation area in a manner consistent
with the purposes for which the conservation
area was established.
(c) Uses
(1) In general
The Secretary shall only allow such uses of
the conservation area as the Secretary finds
will further the purposes for which the conservation area is established.
(2) Off-highway vehicle use
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 and trails and
in other areas designated for use of motorized
vehicles as part of the management plan prepared pursuant to subsection (e) of this section.
(3) Permitted events
The Secretary may continue to permit
large-scale events in defined, low impact areas

of the Black Rock Desert playa in the conservation area in accordance with the management plan prepared pursuant to subsection (e)
of this section.
(d) Hunting, trapping, and fishing
Nothing in this subchapter shall be deemed to
diminish the jurisdiction of the State of Nevada
with respect to fish and wildlife management,
including regulation of hunting and fishing, on
public lands within the conservation area.
(e) Management plan
Within three years following December 21,
2000, the Secretary shall develop a comprehensive resource management plan for the longterm protection and management of the conservation area. The plan shall be developed with
full public participation and shall describe the
appropriate uses and management of the conservation area consistent with the provisions of
this subchapter. The plan may incorporate appropriate decisions contained in any current
management or activity plan for the area and
may use information developed in previous studies of the lands within or adjacent to the conservation area.
(f) Grazing
Where the Secretary of the Interior currently
permits livestock grazing in the conservation
area, such grazing shall be allowed to continue
subject to all applicable laws, regulations, and
executive orders.
(g) Visitor service facilities
The Secretary is authorized to establish, in
cooperation with other public or private entities
as the Secretary may deem appropriate, visitor
service facilities for the purpose of providing information about the historical, cultural, ecological, recreational, and other resources of the
conservation area.
(h) Road maintenance
Within the conservation area the Secretary
may permit the use of gravel pits for the maintenance of roads within the conservation area
under the Materials Act of 1947 (30 U.S.C. 601 et
seq.) to the extent consistent with this subchapter and subject to such regulations, policies, and practices as the Secretary considers
necessary.
(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 5]],
Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–354;
Pub. L. 107–63, title I, § 135(b), Nov. 5, 2001, 115
Stat. 443.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (a), is Pub. L. 94–579, Oct. 21,
1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.
The Materials Act of 1947, referred to in subsec. (h),
is act July 31, 1947, ch. 406, 61 Stat. 681, as amended,
which is classified generally to subchapter I (§ 601 et
seq.) of chapter 15 of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code,
see Short Title note set out under section 601 of Title
30 and Tables.
AMENDMENTS

1 So

in original. Probably should be ‘‘section’’.

2001—Subsec. (h). Pub. L. 107–63 added subsec. (h).

§ 460ppp–4

TITLE 16—CONSERVATION

§ 460ppp–4. Withdrawal
Subject to valid existing rights, all Federal
lands within the conservation area and all lands
and interests therein which are hereafter acquired by the United States are hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws, from location, entry, and patent under the mining laws,
from operation of the mineral leasing and geothermal leasing laws and from the minerals materials laws and all amendments thereto.
(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 6]],
Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–355.)
§ 460ppp–5. 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 consistent with other applicable laws.
(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 7]],
Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–356.)
§ 460ppp–6. Wilderness
(a) Designation
In furtherance of the purposes of the Wilderness Act of 1964 (16 U.S.C. 1131 et seq.), the following lands in the State of Nevada are designated as wilderness, and, therefore, as components of the National Wilderness Preservation
System:
(1) Certain lands in the Black Rock Desert
Wilderness Study Area comprised of approximately 315,700 acres, as generally depicted on
a map entitled ‘‘Black Rock Desert Wilderness—Proposed’’ and dated October 3, 2001, and
which shall be known as the Black Rock
Desert Wilderness.
(2) Certain lands in the Pahute Peak Wilderness Study Area comprised of approximately
57,400 acres, as generally depicted on a map entitled ‘‘Pahute Peak Wilderness—Proposed’’
and dated October 3, 2001, and which shall be
known as the Pahute Peak Wilderness.
(3) Certain lands in the North Black Rock
Range Wilderness Study Area comprised of approximately 30,800 acres, as generally depicted
on a map entitled ‘‘North Black Rock Range
Wilderness—Proposed’’ and dated October 3,
2001, and which shall be known as the North
Black Rock Range Wilderness.
(4) Certain lands in the East Fork High Rock
Canyon Wilderness Study Area comprised of
approximately 52,800 acres, as generally depicted on a map entitled ‘‘East Fork High
Rock Canyon Wilderness—Proposed’’ and
dated October 3, 2001, and which shall be
known as the East Fork High Rock Canyon
Wilderness.
(5) Certain lands in the High Rock Lake Wilderness Study Area comprised of approximately 59,300 acres, as generally depicted on a
map entitled ‘‘High Rock Lake Wilderness—
Proposed’’ and dated October 3, 2001, and

Page 800

which shall be known as the High Rock Lake
Wilderness.
(6) Certain lands in the Little High Rock
Canyon Wilderness Study Area comprised of
approximately 48,700 acres, as generally depicted on a map entitled ‘‘Little High Rock
Canyon Wilderness—Proposed’’ and dated October 3, 2001, and which shall be known as the
Little High Rock Canyon Wilderness.
(7) Certain lands in the High Rock Canyon
Wilderness Study Area and Yellow Rock Canyon Wilderness Study Area comprised of approximately 46,600 acres, as generally depicted
on a map entitled ‘‘High Rock Canyon Wilderness—Proposed’’ and dated October 3, 2001, and
which shall be known as the High Rock Canyon Wilderness.
(8) Certain lands in the Calico Mountains
Wilderness Study Area comprised of approximately 65,400 acres, as generally depicted on a
map entitled ‘‘Calico Mountains Wilderness—
Proposed’’ and dated October 3, 2001, and
which shall be known as the Calico Mountains
Wilderness.
(9) Certain lands in the South Jackson
Mountains Wilderness Study Area comprised
of approximately 56,800 acres, as generally depicted on a map entitled ‘‘South Jackson
Mountains Wilderness—Proposed’’ and dated
October 3, 2001, and which shall be known as
the South Jackson Mountains Wilderness.
(10) Certain lands in the North Jackson
Mountains Wilderness Study Area comprised
of approximately 24,000 acres, as generally depicted on a map entitled ‘‘North Jackson
Mountains Wilderness—Proposed’’ and dated
October 3, 2001, and which shall be known as
the North Jackson Mountains Wilderness.
(b) Administration of wilderness areas
Subject to valid existing rights, each wilderness area designated by this subchapter shall be
administered by the Secretary in accordance
with the provisions of the Wilderness Act [16
U.S.C. 1131 et seq.], except that any reference in
such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to
December 21, 2000, and any reference to the Secretary of Agriculture shall be deemed to be a
reference to the Secretary of the Interior.
(c) Maps and legal description
As soon as practicable after December 21, 2000,
the Secretary shall submit to Congress a map
and legal description of the wilderness areas designated under this subchapter. The map and
legal description shall have the same force and
effect as if included in this subchapter, except
the Secretary may correct clerical and typographical errors in such map and legal description. Copies of the map and legal description
shall be on file and available for public inspection in the appropriate offices of the Bureau of
Land Management.
(d) Grazing
Within the wilderness areas designated under
subsection (a) of this section, the grazing of livestock, where established prior to December 21,
2000, shall be permitted to continue subject to
such reasonable regulations, policies, and practices as the Secretary deems necessary, as long

Page 801

§ 460qqq–1

TITLE 16—CONSERVATION

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 and section 101(f) of Public Law 101–628.
(e) Hunting, trapping, and fishing
(1) In general
Nothing in this subchapter diminishes the
jurisdiction of the State of Nevada with respect to fish and wildlife management, including regulation of hunting and fishing on public
land in the areas designated as wilderness
under subsection (a) of this section.
(2) Applicable law
Any action in the areas designated as wilderness under subsection (a) of this section shall
be consistent with the Wilderness Act (16
U.S.C. 1131 et seq.).
(f) Wildland fire protection
Nothing in this subchapter or the Wilderness
Act (16 U.S.C. 1131 et seq.) precludes a Federal,
State, or local agency from conducting wildland
fire management operations (including prescribed burns) within the areas designated as
wilderness under subsection (a) of this section,
subject to any conditions that the Secretary
considers appropriate.
(g) Wilderness study release
Congress—
(1) finds that the parcels of land in the wilderness study areas referred to in subsection
(a) of this section that are not designated as
wilderness by subsection (a) of this section
have been adequately studied for wilderness
designation under section 1782 of title 43; and
(2) declares that those parcels are no longer
subject to the requirement of subsection (c) of
that section pertaining to the management of
wilderness study areas in a manner that does
not impair the suitability of such areas for
preservation as wilderness.
(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 8]],
Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–356;
Pub. L. 107–63, title I, § 135(a), (c)–(e), Nov. 5,
2001, 115 Stat. 443.)
REFERENCES IN TEXT
The Wilderness Act, referred to in subsecs. (a), (b),
(d), (e)(2), and (f), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat.
890, as amended, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 1131 of this title and Tables.
The effective date of the Wilderness Act, referred to
in subsec. (b), means Sept. 3, 1964, the date of enactment of Pub. L. 88–577, which enacted chapter 23 of this
title.
Section 101(f) of Public Law 101–628, referred to in
subsec. (d), is section 101(f) of Pub. L. 101–628, title I,
Nov. 28, 1990, 104 Stat. 4473, which is not classified to
the Code.
CODIFICATION
Section is comprised of section 1(a)(4) [div. B, title I,
§ 125 [§ 8]] of Pub. L. 106–554. Section 1(a)(4) [div. B, title
I, § 125 [§ 8(a)(1)–(10)]] of Pub. L. 106–554 also enacted provisions listed in a table of Wilderness Areas set out
under section 1132 of this title.
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–63, § 135(a), substituted
‘‘October 3, 2001’’ for ‘‘July 19, 2000’’ wherever appearing.

Subsecs. (e) to (g). Pub. L. 107–63, § 135(c)–(e), added
subsecs. (e) to (g).

§ 460ppp–7. Authorization of appropriations
There is hereby authorized to be appropriated
such sums as may be necessary to carry out the
provisions of this subchapter.
(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 9]],
Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–357.)
SUBCHAPTER CXXVIII—SLOAN CANYON
NATIONAL CONSERVATION AREA
§ 460qqq. Purpose
The purpose of this subchapter is to establish
the Sloan Canyon National Conservation Area
to conserve, protect, and enhance for the benefit
and enjoyment of present and future generations
the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, and scenic resources
of the Conservation Area.
(Pub. L. 107–282, title VI, § 602, Nov. 6, 2002, 116
Stat. 2009.)
SHORT TITLE
Pub. L. 107–282, § 1, Nov. 6, 2002, 116 Stat. 1994, provided that: ‘‘This Act [enacting this subchapter,
amending section 460ccc–1 of this title, enacting provisions set out as notes under this section and sections
460n–1, 460ccc–4, and 460qqq–1 of this title, enacting provisions listed in a table of National Wildlife Refuges set
out under section 668dd of this title, and enacting and
amending provisions listed in a table of Wilderness
Areas set out under 1132 of this title] may be cited as
the ‘Clark County Conservation of Public Land and
Natural Resources Act of 2002’.’’
Pub. L. 107–282, title VI, § 601, Nov. 6, 2002, 116 Stat.
2009, provided that: ‘‘This title [enacting this subchapter] may be cited as the ‘Sloan Canyon National
Conservation Area Act’.’’

§ 460qqq–1. Definitions
In this subchapter:
(1) Conservation Area
The term ‘‘Conservation Area’’ means the
Sloan Canyon National Conservation Area established by section 460qqq–2(a) of this title.
(2) Federal parcel
The term ‘‘Federal parcel’’ means the parcel
of Federal land consisting of approximately
500 acres that is identified as Tract A on the
map entitled ‘‘Southern Nevada Public Land
Management Act’’ and dated October 1, 2002.
(3) Management plan
The term ‘‘management plan’’ means the
management plan for the Conservation Area
developed under section 460qqq–3(b) of this
title.
(4) Map
The term ‘‘map’’ means the map entitled
‘‘Southern Nevada Public Land Management
Act’’ and dated October 1, 2002.
(Pub. L. 107–282, title VI, § 603, Nov. 6, 2002, 116
Stat. 2009.)
DEFINITIONS
Pub. L. 107–282, § 3, Nov. 6, 2002, 116 Stat. 1995, provided that:

§ 460qqq–2

TITLE 16—CONSERVATION

‘‘In this Act [see Short Title note set out under section 460qqq of this title]:
‘‘(1) AGREEMENT.—The term ‘Agreement’ means the
Agreement entitled ‘Interim Cooperative Management Agreement Between the United States of the
Interior Bureau of Land Management and Clark
County’, dated November 4, 1992.
‘‘(2) COUNTY.—The term ‘County’ means Clark
County, Nevada.
‘‘(3) SECRETARY.—The term ‘Secretary’ means—
‘‘(A) the Secretary of Agriculture with respect to
land in the National Forest System; or
‘‘(B) the Secretary of the Interior, with respect to
other Federal land.
‘‘(4) STATE.—The term ‘State’ means the State of
Nevada.’’

§ 460qqq–2. Establishment
(a) In general
For the purpose described in section 460qqq of
this title, there is established in the State a
conservation area to be known as the Sloan Canyon National Conservation Area.
(b) Area included
The Conservation Area shall consist of approximately 48,438 acres of public land in the
County, as generally depicted on the map.
(c) Map and legal description
(1) In general
As soon as practicable after November 6,
2002, the Secretary shall submit to Congress a
map and legal description of the Conservation
Area.
(2) Effect
The map and legal description shall have the
same force and effect as if included in this section, except that the Secretary may correct
minor errors in the map or legal description.
(3) Public availability
A copy of the map and legal description
shall be on file and available for public inspection in the appropriate office of the Bureau of
Land Management.
(Pub. L. 107–282, title VI, § 604, Nov. 6, 2002, 116
Stat. 2010.)
§ 460qqq–3. Management
(a) In general
The Secretary, acting through the Director of
the Bureau of Land Management, shall manage
the Conservation Area—
(1) in a manner that conserves, protects, and
enhances the resources of the Conservation
Area; and
(2) in accordance with—
(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(B) other applicable law, including this
Act.
(b) Management plan
(1) In general
Not later than 3 years after November 6,
2002, the Secretary, in consultation with the
State, the city of Henderson, the County, and
any other interested persons, shall develop a
management plan for the Conservation Area.
(2) Requirements
The management plan shall—

Page 802

(A) describe the appropriate uses and management of the Conservation Area;
(B)(i) authorize the use of motorized vehicles in the Conservation Area—
(I) for installing, repairing, maintaining,
and reconstructing water development
projects, including guzzlers, that would enhance the Conservation Area by promoting
healthy, viable, and more naturally distributed wildlife populations; and
(II) subject to any limitations that are
not more restrictive than the limitations
on such uses authorized in wilderness
areas under section 208; 1 and
(ii) include or provide recommendations on
ways of minimizing the visual impacts of
such activities on the Conservation Area;
(C) include a plan for litter cleanup and
public lands awareness campaign on public
lands in and around the Conservation Area;
and
(D) include a recommendation on the location for a right-of-way for a rural roadway
to provide the city of Henderson with access
to the Conservation Area, in accordance
with the application numbered N–65874.
(c) Uses
The Secretary shall allow only such uses of
the Conservation Area that the Secretary determines will further the purpose described in section 460qqq of this title.
(d) Motorized vehicles
Except as needed for administrative purposes
or to respond to an emergency, the use of motorized vehicles in the Conservation Area shall be
permitted only on roads and trails designated
for the use of motorized vehicles by the management plan developed under subsection (b) of this
section.
(e) Withdrawal
(1) In general
Subject to valid existing rights, all public
land in the Conservation Area is withdrawn
from—
(A) all forms of entry and appropriation
under the public land laws;
(B) location, entry, and patent under the
mining laws; and
(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(2) Additional land
Notwithstanding any other provision of law,
if the Secretary acquires mineral or other interests in a parcel of land within the Conservation Area after November 6, 2002, the parcel is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.
(f) Hunting, fishing, and trapping
(1) In general
Nothing in this subchapter affects the jurisdiction of the State with respect to fish and
wildlife, including hunting, fishing, and trapping in the Conservation Area.
1 See

References in Text note below.

Page 803

§ 460rrr–1

TITLE 16—CONSERVATION

(2) Limitations
(A) Regulations
The Secretary may designate by regulation areas in which, and establish periods
during which, for reasons of public safety,
administration, or compliance with applicable laws, no hunting, fishing, or trapping
will be permitted in the Conservation Area.
(B) Consultation
Except in emergencies, the Secretary shall
consult with the appropriate State agency
before promulgating regulations under subparagraph (A) that close a portion of the
Conservation Area to hunting, fishing, or
trapping.
(g) No buffer zones
(1) In general
The establishment of the Conservation Area
shall not create an express or implied protective perimeter or buffer zone around the Conservation Area.
(2) Private land
If the use of, or conduct of an activity on,
private land that shares a boundary with the
Conservation Area is consistent with applicable law, nothing in this subchapter concerning
the establishment of the Conservation Area
shall prohibit or limit the use or conduct of
the activity.
(Pub. L. 107–282, title VI, § 605, Nov. 6, 2002, 116
Stat. 2010.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (a)(2)(A), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.
This Act, referred to in subsec. (a)(2)(B), is Pub. L.
107–282, Nov. 6, 2002, 116 Stat. 1994, known as the Clark
County Conservation of Public Land and Natural Resources Act of 2002. For complete classification of this
Act to the Code, see Short Title note set out under section 460qqq of this title and Tables.
Section 208, referred to in subsec. (b)(2)(B)(i)(II), is
section 208 of Pub. L. 107–282, Nov. 6, 2002, 116 Stat. 2005,
which is not classified to the Code.

§ 460qqq–4. Sale of Federal parcel
(a) In general
Notwithstanding sections 1712 and 1713 of title
43 and subject to valid existing rights, not later
than 1 year after November 6, 2002, the Secretary shall convey to the highest qualified bidder all right, title, and interest of the United
States in and to the Federal parcel.
(b) Disposition of proceeds
Of the gross proceeds from the conveyance of
land under subsection (a) of this section—
(1) 5 percent shall be available to the State
for use in the general education program of
the State; and
(2) the remainder shall be deposited in the
special account established under the Southern Nevada Public Lands Management Act of
1998 (Public Law 105–263; 112 Stat. 2345), to be

available to the Secretary, without further appropriation for—
(A) the construction and operation of facilities to support the management of the
Conservation Area;
(B) the construction and repair of trails
and roads in the Conservation Area authorized under the management plan;
(C) research on and interpretation of the
archaeological and geological resources of
the Conservation Area;
(D) conservation and research relating to
the Conservation Area; and
(E) any other purpose that the Secretary
determines to be consistent with the purpose
described in section 460qqq of this title.
(Pub. L. 107–282, title VI, § 606, Nov. 6, 2002, 116
Stat. 2012.)
REFERENCES IN TEXT
The Southern Nevada Public Lands Management Act
of 1998, referred to in subsec. (b)(2), probably means the
Southern Nevada Public Land Management Act of 1998,
Pub. L. 105–263, Oct. 19, 1998, 112 Stat. 2343, which
amended section 460ccc–1 of this title and section 6901
of Title 31, Money and Finance, and enacted provisions
set out as a note under section 6901 of Title 31. For
complete classification of this Act to the Code, see
Short Title of 1998 Amendment note set out under section 6901 of Title 31 and Tables.

§ 460qqq–5. Right-of-way
Not later than 180 days after November 6, 2002,
the Secretary shall convey to the City of Henderson the public right-of-way requested for
public trail purposes under the application numbered N–76312 and the public right-of-way requested for public trail purposes under the application numbered N–65874.
(Pub. L. 107–282, title VI, § 607, Nov. 6, 2002, 116
Stat. 2012.)
SUBCHAPTER CXXIX—RIO GRANDE
NATURAL AREA
§ 460rrr. Definitions
In this subchapter:
(1) Commission
The term ‘‘Commission’’ means the Rio
Grande Natural Area Commission established
by section 460rrr–2(a) of this title.
(2) Natural Area
The term ‘‘Natural Area’’ means the Rio
Grande Natural Area established by section
460rrr–1(a) of this title.
(3) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(Pub. L. 109–337, § 2, Oct. 12, 2006, 120 Stat. 1777.)
SHORT TITLE
Pub. L. 109–337, § 1, Oct. 12, 2006, 120 Stat. 1777, provided that: ‘‘This Act [enacting this subchapter] may
be cited as the ‘Rio Grande Natural Area Act’.’’

§ 460rrr–1. Establishment of Rio Grande Natural
Area
(a) In general
There is established the Rio Grande Natural
Area in the State of Colorado to conserve, re-

§ 460rrr–2

TITLE 16—CONSERVATION

store, and protect the natural, historic, cultural,
scientific, scenic, wildlife, and recreational resources of the Natural Area.
(b) Boundaries
The Natural Area shall include the Rio Grande
River from the southern boundary of the
Alamosa National Wildlife Refuge to the New
Mexico State border, extending 1⁄4 mile on either
side of the bank of the River.
(c) Map and legal description
(1) In general
As soon as practicable after October 12, 2006,
the Secretary shall prepare a map and legal
description of the Natural Area.
(2) Effect
The map and legal description of the Natural
Area shall have the same force and effect as if
included in this subchapter, except that the
Secretary may correct any minor errors in the
map and legal description.
(3) Public availability
The map and legal description of the Natural
Area shall be available for public inspection in
the appropriate offices of the Bureau of Land
Management.
(Pub. L. 109–337, § 3, Oct. 12, 2006, 120 Stat. 1777.)
§ 460rrr–2. Establishment of the Commission
(a) Establishment
There is established the Rio Grande Natural
Area Commission.
(b) Purpose
The Commission shall—
(1) advise the Secretary with respect to the
Natural Area; and
(2) prepare a management plan relating to
non-Federal land in the Natural Area under
section 460rrr–4(b)(2)(A) of this title.
(c) Membership
The Commission shall be composed of 9 members appointed by the Secretary, of whom—
(1) 1 member shall represent the Colorado
State Director of the Bureau of Land Management;
(2) 1 member shall be the manager of the
Alamosa National Wildlife Refuge, ex officio;
(3) 3 members shall be appointed based on
the recommendation of the Governor of Colorado, of whom—
(A) 1 member shall represent the Colorado
Division of Wildlife;
(B) 1 member shall represent the Colorado
Division of Water Resources; and
(C) 1 member shall represent the Rio
Grande Water Conservation District; and
(4) 4 members shall—
(A) represent the general public;
(B) be citizens of the local region in which
the Natural Area is established; and
(C) have knowledge and experience in the
fields of interest relating to the preservation, restoration, and use of the Natural
Area.
(d) Terms of office
(1) In general
Except for the manager of the Alamosa National Wildlife Refuge, the term of office of a
member of the Commission shall be 5 years.

Page 804

(2) Reappointment
A member may be reappointed to the Commission on completion of the term of office of
the member.
(e) Compensation
A member of the Commission shall serve without compensation for service on the Commission.
(f) Chairperson
The Commission shall elect a chairperson of
the Commission.
(g) Meetings
(1) In general
The Commission shall meet at least quarterly at the call of the chairperson.
(2) Public meetings
A meeting of the Commission shall be open
to the public.
(3) Notice
Notice of any meeting of the Commission
shall be published in advance of the meeting.
(h) Technical assistance
The Secretary and the heads of other Federal
agencies shall, to the maximum extent practicable, provide any information and technical
services requested by the Commission to assist
in carrying out the duties of the Commission.
(Pub. L. 109–337, § 4, Oct. 12, 2006, 120 Stat. 1777.)
§ 460rrr–3. Powers of the Commission
(a) Hearings
The Commission may hold such hearings,
meet and act at such times and places, take
such testimony, and receive such evidence as
the Commission considers advisable to carry out
this subchapter.
(b) Cooperative agreements
(1) In general
For purposes of carrying out the management plan on non-Federal land in the Natural
Area, the Commission may enter into a cooperative agreement with the State of Colorado,
a political subdivision of the State, or any person.
(2) Requirements
A cooperative agreement entered into under
paragraph (1) shall establish procedures for
providing notice to the Commission of any action proposed by the State of Colorado, a political subdivision of the State, or any person
that may affect the implementation of the
management plan on non-Federal land in the
Natural Area.
(3) Effect
A cooperative agreement entered into under
paragraph (1) shall not enlarge or diminish
any right or duty of a Federal agency under
Federal law.
(c) Prohibition of acquisition of real property
The Commission may not acquire any real
property or interest in real property.
(d) Implementation of management plan
(1) In general
The Commission shall assist the Secretary
in implementing the management plan by car-

Page 805

TITLE 16—CONSERVATION

rying out the activities described in paragraph
(2) to preserve and interpret the natural, historic, cultural, scientific, scenic, wildlife, and
recreational resources of the Natural Area.
(2) Authorized activities
In assisting with the implementation of the
management plan under paragraph (1), the
Commission may—
(A) assist the State of Colorado in preserving State land and wildlife within the Natural Area;
(B) assist the State of Colorado and political subdivisions of the State in increasing
public awareness of, and appreciation for,
the natural, historic, scientific, scenic, wildlife, and recreational resources in the Natural Area;
(C) encourage political subdivisions of the
State of Colorado to adopt and implement
land use policies that are consistent with—
(i) the management of the Natural Area;
and
(ii) the management plan; and
(D) encourage and assist private landowners in the Natural Area in the implementation of the management plan.
(Pub. L. 109–337, § 5, Oct. 12, 2006, 120 Stat. 1778.)
§ 460rrr–4. Management plan
(a) In general
Not later than 4 years after October 12, 2006,
the Secretary and the Commission, in coordination with appropriate agencies in the State of
Colorado, political subdivisions of the State, and
private landowners in the Natural Area, shall
prepare management plans for the Natural Area
as provided in subsection (b).
(b) Duties of Secretary and Commission
(1) Secretary
The Secretary shall prepare a management
plan relating to the management of Federal
land in the Natural Area.
(2) Commission
(A) In general
The Commission shall prepare a management plan relating to the management of
the non-Federal land in the Natural Area.
(B) Approval or disapproval
(i) In general
The Commission shall submit to the Secretary the management plan prepared
under subparagraph (A) for approval or disapproval.
(ii) Action following disapproval
If the Secretary disapproves the management plan submitted under clause (i), the
Secretary shall—
(I) notify the Commission of the reasons for the disapproval; and
(II) allow the Commission to submit to
the Secretary revisions to the management plan submitted under clause (i).
(3) Cooperation
The Secretary and the Commission shall cooperate to ensure that the management plans

§ 460rrr–5

relating to the management of Federal land
and non-Federal land are consistent.
(c) Requirements
The management plans shall—
(1) take into consideration Federal, State,
and local plans in existence on October 12,
2006, to present a unified preservation, restoration, and conservation plan for the Natural
Area;
(2) with respect to Federal land in the Natural Area—
(A) be developed in accordance with section 1712 of title 43;
(B) be consistent, to the maximum extent
practicable, with the management plans
adopted by the Director of the Bureau of
Land Management for land adjacent to the
Natural Area; and
(C) be considered to be an amendment to
the San Luis Resource Management Plan of
the Bureau of Land Management; and
(3) include—
(A) an inventory of the resources contained in the Natural Area (including a list
of property in the Natural Area that should
be preserved, restored, managed, developed,
maintained, or acquired to further the purposes of the Natural Area); and
(B) a recommendation of policies for resource management, including the use of
intergovernmental cooperative agreements,
that—
(i) protect the resources of the Natural
Area; and
(ii) provide for solitude, quiet use, and
pristine natural values of the Natural
Area.
(d) Publication
The Secretary shall publish notice of the management plans in the Federal Register.
(Pub. L. 109–337, § 6, Oct. 12, 2006, 120 Stat. 1779.)
§ 460rrr–5. Administration of Natural Area
(a) In general
The Secretary shall administer the Federal
land in the Natural Area—
(1) in accordance with—
(A) the laws (including regulations) applicable to public land; and
(B) the management plan; and
(2) in a manner that provides for—
(A) the conservation, restoration, and protection of the natural, historic, scientific,
scenic, wildlife, and recreational resources
of the Natural Area;
(B) the continued use of the Natural Area
for purposes of education, scientific study,
and limited public recreation in a manner
that does not substantially impair the purposes for which the Natural Area is established;
(C) the protection of the wildlife habitat of
the Natural Area;
(D) a prohibition on the construction of
water storage facilities in the Natural Area;
and
(E) the reduction in the use of or removal
of roads in the Natural Area and, to the

§ 460rrr–6

TITLE 16—CONSERVATION

maximum extent practicable, the reduction
in or prohibition against the use of motorized vehicles in the Natural Area (including
the removal of roads and a prohibition
against motorized use on Federal land in the
area on the western side of the Rio Grande
River from Lobatos Bridge south to the New
Mexico State line).
(b) Changes in streamflow
The Secretary is encouraged to negotiate with
the State of Colorado, the Rio Grande Water
Conservation District, and affected water users
in the State to determine if changes in the
streamflow that are beneficial to the Natural
Area may be accommodated.
(c) Private land
The management plan prepared under section
460rrr–4(b)(2)(A) of this title shall apply to private land in the Natural Area only to the extent
that the private landowner agrees in writing to
be bound by the management plan.
(d) Withdrawal
Subject to valid existing rights, all Federal
land in the Natural Area is 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) disposition under the mineral leasing
laws (including geothermal leasing laws).
(e) Acquisition of land
(1) In general
The Secretary may acquire from willing sellers by purchase, exchange, or donation land or
an interest in land in the Natural Area.
(2) Administration
Any land or interest in land acquired under
paragraph (1) shall be administered in accordance with the management plan and this subchapter.
(f) Applicable law
Section 1276(d)(1) of this title shall not apply
to the Natural Area.
(Pub. L. 109–337, § 7, Oct. 12, 2006, 120 Stat. 1780.)
§ 460rrr–6. Effect
Nothing in this subchapter—
(1) amends, modifies, or is in conflict with
the Rio Grande Compact, consented to by Congress in the Act of May 31, 1939 (53 Stat. 785,
ch. 155);
(2) authorizes the regulation of private land
in the Natural Area;
(3) authorizes the imposition of any mandatory streamflow requirements;
(4) creates an express or implied Federal reserved water right;
(5) imposes any Federal water quality standard within or upstream of the Natural Area
that is more restrictive than would be applicable had the Natural Area not been established;
or
(6) prevents the State of Colorado from acquiring an instream flow through the Natural
Area under the terms, conditions, and limitations of State law to assist in protecting the

Page 806

natural environment to the extent and for the
purposes authorized by State law.
(Pub. L. 109–337, § 8, Oct. 12, 2006, 120 Stat. 1781.)
REFERENCES IN TEXT
Act of May 31, 1939, referred to in par. (1), is act May
31, 1939, ch. 155, 53 Stat. 785, which is not classified to
the Code.

§ 460rrr–7. Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this subchapter.
(Pub. L. 109–337, § 9, Oct. 12, 2006, 120 Stat. 1782.)
§ 460rrr–8. Termination of Commission
The Commission shall terminate on the date
that is 10 years after October 12, 2006.
(Pub. L. 109–337, § 10, Oct. 12, 2006, 120 Stat. 1782.)
SUBCHAPTER CXXX—COW MOUNTAIN
RECREATION AREA
§ 460sss. Cow Mountain Recreation Area, Lake
and Mendocino Counties, California
(a) Establishment
In order to enhance the recreational and scenic values of the Cow Mountain area in Lake
and Mendocino Counties, California, while conserving the wildlife and other natural resource
values of the area, there is hereby established
the Cow Mountain Recreation Area (in this section referred to as the ‘‘recreation area’’) consisting of approximately 51,513 acres of land in
such counties, as generally depicted on the map
entitled ‘‘Cow Mountain Recreation Area’’ and
dated July 22, 2006, including the following:
(1) The ‘‘South Cow Mountain OHV Management Area’’, as generally depicted on the map.
(2) The ‘‘North Cow Mountain Recreation
Area’’, as generally depicted on the map.
(b) Legal descriptions; correction of errors
(1) Preparation and submission
As soon as practicable after October 17, 2006,
the Secretary of the Interior shall prepare a
map and legal descriptions of the boundaries
of the recreation area. The Secretary shall
submit the map and legal descriptions to the
Committee on Resources of the House of Representatives and to the Committee on Energy
and Natural Resources of the Senate.
(2) Legal effect
The map and legal descriptions of the recreation area shall have the same force and effect
as if included in this Act, except that the Secretary may correct clerical and typographical
errors in the map and legal descriptions. The
map shall be on file and available for public
inspection in appropriate offices of the Bureau
of Land Management.
(c) Administration
(1) In general
The Secretary of the Interior shall administer the recreation area in accordance with
this section and the laws and regulations generally applicable to the public lands, including

Page 807

§ 460ttt–1

TITLE 16—CONSERVATION

the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.).
(2) Existing rights
The establishment of the recreation area
shall be subject to all valid existing rights.
(d) Recreational activities
(1) In general
The Secretary of the Interior shall continue
to authorize, maintain, and enhance the recreational use of the land included in the recreation area, including motorized recreation,
hiking, camping, mountain biking, sightseeing, and horseback riding, as long as such recreational use is consistent with this section
and other applicable law.
(2) Off-road and motorized recreation
Motorized recreation shall be a prescribed
use within the South Cow Mountain OHV Management Area, occurring only on roads and
trails designated by the Secretary for such
use, except as needed for administrative purposes or to respond to an emergency. Nothing
in this paragraph shall be construed as precluding the Secretary from closing any trail
or route from use for purposes of resource protection or public safety.
(3) Mountain biking
Mountain biking shall be a prescribed use
within the recreation area, occurring only on
roads and trails designated by the Secretary
for such use. Nothing in this paragraph shall
be construed as precluding the Secretary from
closing any trail or route from use for purposes of resource protection or public safety.
(e) Access to private property
The Secretary of the Interior shall provide
any owner of private property within the boundaries of the recreation area adequate access to
the property to ensure the reasonable use and
enjoyment of the property by the owner.
(f) Land acquisition
(1) Acquisition from willing persons only
The Secretary of the Interior may acquire
lands or interests in lands in the recreation
area only by—
(A) donation;
(B) exchange with a willing party, as expressed in a written agreement between the
Secretary and the party; or
(C) purchase from a willing seller, as expressed in a written agreement between the
Secretary and the seller.
(2) Administration of acquired lands
Lands or interests in lands within or adjacent to the boundaries of the recreation area
that are acquired by the Bureau of Land Management, and title or possession of which is
vested in the United States after October 17,
2006, shall be managed by the Secretary as
part of the recreation area.
(g) Adjacent management
Nothing in this section creates protective perimeters or buffer zones around the recreation
area.
(Pub. L. 109–362, § 9, Oct. 17, 2006, 120 Stat. 2071.)

REFERENCES IN TEXT
This Act, referred to in subsec. (b)(2), is Pub. L.
109–362, Oct. 17, 2006, 120 Stat. 2064, known as the Northern California Coastal Wild Heritage Wilderness Act.
For complete classification of this Act to the Code, see
Short Title note below and Tables.
The Federal Land Policy and Management Act of
1976, referred to in subsec. (c)(1), is Pub. L. 94–579, Oct.
21, 1976, 90 Stat. 2743, as amended, which is classified
principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
SHORT TITLE
Pub. L. 109–362, § 1(a), Oct. 17, 2006, 120 Stat. 2064, provided that: ‘‘This Act [enacting this section, amending
sections 460y–8 and 1274 of this title, and amending provisions listed in a table of Wilderness Areas set out
under section 1132 of this title] may be cited as the
‘Northern California Coastal Wild Heritage Wilderness
Act’.’’

SUBCHAPTER CXXXI—MOOSALAMOO
NATIONAL RECREATION AREA
§ 460ttt. Designation
Certain Federal land managed by the United
States Forest Service, comprising approximately 15,857 acres, as generally depicted on the
map entitled ‘‘Moosalamoo National Recreation
Area—Proposed’’, dated September 2006, is designated as the ‘‘Moosalamoo National Recreation Area’’.
(Pub. L. 109–382, title II, § 221, Dec. 1, 2006, 120
Stat. 2676.)
SHORT TITLE
Pub. L. 109–382, § 1(a), Dec. 1, 2006, 120 Stat. 2673, provided that: ‘‘This Act [enacting this subchapter and
provisions set out as notes under this section and
amending provisions listed in a table of Wilderness
Areas under section 1132 of this title] may be cited as
the ‘New England Wilderness Act of 2006’.’’
DEFINITIONS
Pub. L. 109–382, § 2, Dec. 1, 2006, 120 Stat. 2673, provided
that: ‘‘In this Act [see Short Title note above], the
term ‘Secretary’ means the Secretary of Agriculture,
acting through the Chief of the Forest Service.’’
Pub. L. 109–382, title II, § 201, Dec. 1, 2006, 120 Stat.
2675, provided that: ‘‘In this title [enacting this subchapter and amending provisions listed in a table of
Wilderness Areas under section 1132 of this title]:
‘‘(1) MANAGEMENT PLAN.—The term ‘Management
Plan’ means the Green Mountain National Forest
Land and Resource Management Plan.
‘‘(2) STATE.—The term ‘State’ means the State of
Vermont.’’

§ 460ttt–1. Map and description
(a) In general
As soon as practicable after December 1, 2006,
the Secretary shall file a map and a legal description of the national recreation area designated by section 460ttt of this title with—
(1) the Committee on Resources of the House
of Representatives;

§ 460ttt–2

TITLE 16—CONSERVATION

(2) the Committee on Agriculture of the
House of Representatives; and
(3) the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
(b) Force of law
A map and legal description filed under subsection (a) shall have the same force and effect
as if included in this subchapter, except that the
Secretary may correct clerical and typographical errors in the map and legal description.
(c) Public availability
Each map and legal description filed under
subsection (a) shall be filed and made available
for public inspection in the Office of the Chief of
the Forest Service.
(Pub. L. 109–382, title II, § 222, Dec. 1, 2006, 120
Stat. 2676.)
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 460ttt–2. Administration of national recreation
area
(a) In general
Subject to valid rights existing on December 1,
2006, the Secretary shall administer the
Moosalamoo National Recreation Area in accordance with—
(1) laws (including rules and regulations) applicable to units of the National Forest System; and
(2) the management direction (including objectives, standards, and guidelines) established
for the Moosalamoo Recreation and Education
Management Area under the Management
Plan.
(b) Fish and wildlife
Nothing in this subchapter affects the jurisdiction of the State with respect to wildlife and
fish on the public land located in the State.
(c) Escarpment and ecological areas
Nothing in this subchapter prevents the Secretary from managing the Green Mountain Escarpment Management Area and the Ecological
Special Areas, as described in the Management
Plan.
(Pub. L. 109–382, title II, § 223, Dec. 1, 2006, 120
Stat. 2677.)
SUBCHAPTER CXXXII—MOUNT HOOD
NATIONAL RECREATION AREA
§ 460uuu. Mount Hood National Recreation Area
(a) Designation
To provide for the protection, preservation,
and enhancement of recreational, ecological,
scenic, cultural, watershed, and fish and wildlife
values, there is established the Mount Hood National Recreation Area within the Mount Hood
National Forest.
(b) Boundary
The Mount Hood National Recreation Area
shall consist of certain Federal land managed by

Page 808

the Forest Service and Bureau of Land Management, comprising approximately 34,550 acres, as
generally depicted on the maps entitled ‘‘National Recreation Areas—Mount Hood NRA’’,
‘‘National Recreation Areas—Fifteenmile Creek
NRA’’, and ‘‘National Recreation Areas—
Shellrock Mountain’’, dated February 2007.
(c) Map and legal description
(1) Submission of legal description
As soon as practicable after March 30, 2009,
the Secretary shall file a map and a legal description of the Mount Hood National Recreation Area with—
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources
of the House of Representatives.
(2) Force of law
The map and legal description filed under
paragraph (1) shall have the same force and effect as if included in this subtitle, except that
the Secretary may correct typographical errors in the map and the legal description.
(3) Public availability
The map and legal description filed under
paragraph (1) shall be on file and available for
public inspection in the appropriate offices of
the Forest Service.
(d) Administration
(1) In general
The Secretary shall—
(A) administer the Mount Hood National
Recreation Area—
(i) in accordance with the laws (including regulations) and rules applicable to the
National Forest System; and
(ii) consistent with the purposes described in subsection (a); and
(B) only allow uses of the Mount Hood National Recreation Area that are consistent
with the purposes described in subsection
(a).
(2) Applicable law
Any portion of a wilderness area designated
by section 1202 1 that is located within the
Mount Hood National Recreation Area shall be
administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
(e) Timber
The cutting, sale, or removal of timber within
the Mount Hood National Recreation Area may
be permitted—
(1) to the extent necessary to improve the
health of the forest in a manner that—
(A) maximizes the retention of large
trees—
(i) as appropriate to the forest type; and
(ii) to the extent that the trees promote
stands that are fire-resilient and healthy;
(B) improves the habitats of threatened,
endangered, or sensitive species; or
(C) maintains or restores the composition
and structure of the ecosystem by reducing
the risk of uncharacteristic wildfire;
1 See

References in Text note below.

Page 809

§ 460vvv

TITLE 16—CONSERVATION

(2) to accomplish an approved management
activity in furtherance of the purposes established by this section, if the cutting, sale, or
removal of timber is incidental to the management activity; or
(3) for de minimus personal or administrative use within the Mount Hood National
Recreation Area, where such use will not impair the purposes established by this section.
(f) Road construction
No new or temporary roads shall be constructed or reconstructed within the Mount
Hood National Recreation Area except as necessary—
(1) to protect the health and safety of individuals in cases of an imminent threat of
flood, fire, or any other catastrophic event
that, without intervention, would cause the
loss of life or property;
(2) to conduct environmental cleanup required by the United States;
(3) to allow for the exercise of reserved or
outstanding rights provided for by a statute or
treaty;
(4) to prevent irreparable resource damage
by an existing road; or
(5) to rectify a hazardous road condition.
(g) Withdrawal
Subject to valid existing rights, all Federal
land within the Mount Hood National Recreation Area is 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) disposition under all laws relating to
mineral and geothermal leasing.
(h) Transfer of administrative jurisdiction
(1) In general
Administrative jurisdiction over the Federal
land described in paragraph (2) is transferred
from the Bureau of Land Management to the
Forest Service.
(2) Description of land
The land referred to in paragraph (1) is the
approximately 130 acres of land administered
by the Bureau of Land Management that is
within or adjacent to the Mount Hood National Recreation Area and that is identified
as ‘‘BLM Lands’’ on the map entitled ‘‘National Recreation Areas—Shellrock Mountain’’, dated February 2007.
(Pub. L. 111–11, title I, § 1204, Mar. 30, 2009, 123
Stat. 1013.)
REFERENCES IN TEXT
This subtitle, referred to in subsec. (c)(2), is subtitle
C (§§ 1201–1207) of title I of Pub. L. 111–11, Mar. 30, 2009,
123 Stat. 1007, which enacted this subchapter and section 539n of this title, amended sections 544k and 1274
of this title, enacted provisions set out as a note under
section 1274 of this title, enacted provisions listed in a
table of National Memorials set out under section 431 of
this title, and enacted and amended provisions listed in
a table of Wilderness Areas set out under section 1132
of this title. For complete classification of subtitle C to
the Code, see Tables.
Section 1202, referred to in subsec. (d)(2), is section
1202 of Pub. L. 111–11, which enacted provisions listed in

a table of National Memorials set out under section 431
of this title and enacted and amended provisions listed
in a table of Wilderness Areas set out under section 1132
of this title.
The Wilderness Act, referred to in subsec. (d)(2), is
Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, 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.
DEFINITIONS
Pub. L. 111–11, title I, § 1201, Mar. 30, 2009, 123 Stat.
1007, provided that: ‘‘In this subtitle [subtitle C
(§§ 1201–1207) of title I of Pub. L. 111–11, see References
in Text note above]:
‘‘(1) SECRETARY.—The term ‘Secretary’ means the
Secretary of Agriculture.
‘‘(2) STATE.—The term ‘State’ means the State of
Oregon.’’

SUBCHAPTER CXXXIII—BRIDGEPORT
WINTER RECREATION AREA
§ 460vvv. Bridgeport Winter Recreation Area
(a) Designation
The approximately 7,254 acres of land in the
Humboldt-Toiyabe National Forest identified as
the ‘‘Bridgeport Winter Recreation Area’’, as
generally depicted on the map entitled ‘‘Humboldt-Toiyabe National Forest Proposed Management’’ and dated September 17, 2008, is designated as the Bridgeport Winter Recreation
Area.
(b) Map and legal description
(1) In general
As soon as practicable after March 30, 2009,
the Secretary shall file a map and legal description of the Recreation Area with—
(A) the Committee on Natural Resources
of the House of Representatives; and
(B) the Committee on Energy and Natural
Resources of the Senate.
(2) Force of law
The map and legal description filed under
paragraph (1) shall have the same force and effect as if included in this subtitle, except that
the Secretary may correct any errors in the
map and legal description.
(3) Public availability
The map and legal description filed under
paragraph (1) shall be on file and available for
public inspection in the appropriate offices of
the Forest Service.
(c) Management
(1) Interim management
Until completion of the management plan
required under subsection (d), and except as
provided in paragraph (2), the Recreation Area
shall be managed in accordance with the
Toiyabe National Forest Land and Resource
Management Plan of 1986 (as in effect on
March 30, 2009).
(2) Use of snowmobiles
The winter use of snowmobiles shall be allowed in the Recreation Area—
(A) during periods of adequate snow coverage during the winter season; and
(B) subject to any terms and conditions determined to be necessary by the Secretary.

§ 460www

TITLE 16—CONSERVATION

(d) Management plan
To ensure the sound management and enforcement of the Recreation Area, the Secretary
shall, not later than 1 year after March 30, 2009,
undergo a public process to develop a winter use
management plan that provides for—
(1) adequate signage;
(2) a public education program on allowable
usage areas;
(3) measures to ensure adequate sanitation;
(4) a monitoring and enforcement strategy;
and
(5) measures to ensure the protection of the
Trail.
(e) Enforcement
The Secretary shall prioritize enforcement activities in the Recreation Area—
(1) to prohibit degradation of natural resources in the Recreation Area;
(2) to prevent interference with nonmotorized recreation on the Trail; and
(3) to reduce user conflicts in the Recreation
Area.
(f) Pacific Crest National Scenic Trail
The Secretary shall establish an appropriate
snowmobile crossing point along the Trail in the
area identified as ‘‘Pacific Crest Trail Proposed
Crossing Area’’ on the map entitled ‘‘HumboldtToiyable National Forest Proposed Management’’ and dated September 17, 2008—
(1) in accordance with—
(A) the National Trails System Act (16
U.S.C. 1241 et seq.); and
(B) any applicable environmental and public safety laws; and
(2) subject to the terms and conditions the
Secretary determines to be necessary to ensure that the crossing would not—
(A) interfere with the nature and purposes
of the Trail; or
(B) harm the surrounding landscape.
(g) Military activities at United States Marine
Corps Mountain Warfare Training Center
The designation of the Bridgeport Winter
Recreation Area by this section is not intended
to restrict or preclude the activities conducted
by the United States Armed Forces at the
United States Marine Corps Mountain Warfare
Training Center.
(Pub. L. 111–11, title I, § 1806, Mar. 30, 2009, 123
Stat. 1059; Pub. L. 111–84, div. B, title XXVIII,
§ 2874, Oct. 28, 2009, 123 Stat. 2697.)
REFERENCES IN TEXT
This subtitle, referred to in subsec. (b)(2), is subtitle
K (§§ 1801–1808) of title I of Pub. L. 111–11, Mar. 30, 2009,
123 Stat. 1052, which enacted this subchapter and section 539o of this title, amended section 1274 of this title,
enacted provisions set out as a note under section 1274
of this title, and enacted and amended provisions listed
in a table of Wilderness Areas set out under section 1132
of this title. For complete classification of subtitle K
to the Code, see Tables.
AMENDMENTS
2009—Subsec. (g). Pub. L. 111–84 added subsec. (g).
DEFINITIONS
Pub. L. 111–11, title I, § 1801, Mar. 30, 2009, 123 Stat.
1052, provided that: ‘‘In this subtitle [subtitle K

Page 810

(§§ 1801–1808) of title I of Pub. L. 111–11, see References
in Text note above]:
‘‘(1) FOREST.—The term ‘Forest’ means the Ancient
Bristlecone Pine Forest designated by section 1808(a)
[16 U.S.C. 539o(a)].
‘‘(2) RECREATION AREA.—The term ‘Recreation Area’
means the Bridgeport Winter Recreation Area designated by section 1806(a) [16 U.S.C. 460vvv(a)].
‘‘(3) SECRETARY.—The term ‘Secretary’ means—
‘‘(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of Agriculture; and
‘‘(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
‘‘(4) STATE.—The term ‘State’ means the State of
California.
‘‘(5) TRAIL.—The term ‘Trail’ means the Pacific
Crest National Scenic Trail.’’

SUBCHAPTER CXXXIV—RED CLIFFS
NATIONAL CONSERVATION AREA
§ 460www. Red Cliffs National Conservation Area
(a) Purposes
The purposes of this section are—
(1) to conserve, protect, and enhance for the
benefit and enjoyment of present and future
generations the ecological, scenic, wildlife,
recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation Area; and
(2) to protect each species that is—
(A) located in the National Conservation
Area; and
(B) listed as a threatened or endangered
species on the list of threatened species or
the list of endangered species published
under section 1533(c)(1) of this title.
(b) Definitions
In this section:
(1) Habitat conservation plan
The term ‘‘habitat conservation plan’’
means the conservation plan entitled ‘‘Washington County Habitat Conservation Plan’’
and dated February 23, 1996.
(2) Management plan
The term ‘‘management plan’’ means the
management plan for the National Conservation Area developed by the Secretary under
subsection (d)(1).
(3) National Conservation Area
The term ‘‘National Conservation Area’’
means the Red Cliffs National Conservation
Area that—
(A) consists of approximately 44,725 acres
of public land in the County, as generally depicted on the Red Cliffs National Conservation Area Map; and
(B) is established by subsection (c).
(4) Public use plan
The term ‘‘public use plan’’ means the use
plan entitled ‘‘Red Cliffs Desert Reserve Public Use Plan’’ and dated June 12, 2000, as
amended.
(5) Resource management plan
The term ‘‘resource management plan’’
means the management plan entitled ‘‘St.
George Field Office Resource Management
Plan’’ and dated March 15, 1999, as amended.

Page 811

§ 460www

TITLE 16—CONSERVATION

(c) Establishment
Subject to valid existing rights, there is established in the State the Red Cliffs National Conservation Area.
(d) Management plan
(1) In general
Not later than 3 years after March 30, 2009,
and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for
the long-term management of the National
Conservation Area.
(2) Consultation
In developing the management plan required
under paragraph (1), the Secretary shall consult with—
(A) appropriate State, tribal, and local
governmental entities; and
(B) members of the public.
(3) Incorporation of plans
In developing the management plan required
under paragraph (1), to the extent consistent
with this section, the Secretary may incorporate any provision of—
(A) the habitat conservation plan;
(B) the resource management plan; and
(C) the public use plan.
(e) Management
(1) In general
The Secretary shall manage the National
Conservation Area—
(A) in a manner that conserves, protects,
and enhances the resources of the National
Conservation Area; and
(B) in accordance with—
(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including
regulations).
(2) Uses
The Secretary shall only allow uses of the
National Conservation Area that the Secretary determines would further a purpose described in subsection (a).
(3) Motorized vehicles
Except in cases in which motorized vehicles
are needed for administrative purposes, or to
respond to an emergency, the use of motorized
vehicles in the National Conservation Area
shall be permitted only on roads designated by
the management plan for the use of motorized
vehicles.
(4) Grazing
The grazing of livestock in the National
Conservation Area, where established before
March 30, 2009, shall be permitted to continue—
(A) subject to—
(i) such reasonable regulations, policies,
and practices as the Secretary considers
necessary; and
(ii) applicable law; and
(B) in a manner consistent with the purposes described in subsection (a).
(5) Wildland fire operations
Nothing in this section prohibits the Secretary, in cooperation with other Federal,

State, and local agencies, as appropriate, from
conducting wildland fire operations in the National Conservation Area, consistent with the
purposes of this section.
(f) Incorporation of acquired land and interests
Any land or interest in land that is located in
the National Conservation Area that is acquired
by the United States shall—
(1) become part of the National Conservation
Area; and
(2) be managed in accordance with—
(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including
regulations).
(g) Withdrawal
(1) In general
Subject to valid existing rights, all Federal
land located in the National Conservation
Area are 1 withdrawn from—
(A) all forms of entry, appropriation, and
disposal under the public land laws;
(B) location, entry, and patenting under
the mining laws; and
(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(2) Additional land
If the Secretary acquires additional land
that is located in the National Conservation
Area after March 30, 2009, the land is withdrawn from operation of the laws referred to
in paragraph (1) on the date of acquisition of
the land.
(h) Effect
Nothing in this section prohibits the authorization of the development of utilities within
the National Conservation Area if the development is carried out in accordance with—
(1) each utility development protocol described in the habitat conservation plan; and
(2) any other applicable law (including regulations).
(Pub. L. 111–11, title I, § 1974, Mar. 30, 2009, 123
Stat. 1081.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsecs. (e)(1)(B)(i) and (f)(2)(A), is
Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43,
Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section
1701 of Title 43 and Tables.
DEFINITIONS
Pub. L. 111–11, title I, § 1971, Mar. 30, 2009, 123 Stat.
1075, as amended by Pub. L. 111–88, div. A, title IV, § 436,
Oct. 30, 2009, 123 Stat. 2965, provided that: ‘‘In this subtitle [subtitle O (§§ 1971–1983) of title I of Pub. L. 111–11,
enacting this subchapter, subchapter CXXXV of this
chapter, and section 346a–6 of this title, amending section 1274 of this title, enacting provisions set out as
notes under section 1274 of this title and section 766 of
Title 25, Indians, and enacting provisions listed in a
table of Wilderness Areas set out under section 1132 of
this title]:
1 So

in original. Probably should be ‘‘is’’.

§ 460xxx

TITLE 16—CONSERVATION

‘‘(1) BEAVER DAM WASH NATIONAL CONSERVATION
AREA MAP.—The term ‘Beaver Dam Wash National
Conservation Area Map’ means the map entitled ‘Beaver Dam Wash National Conservation Area’ and dated
September 20, 2009.
‘‘(2) CANAAN MOUNTAIN WILDERNESS MAP.—The term
‘Canaan Mountain Wilderness Map’ means the map
entitled ‘Canaan Mountain Wilderness’ and dated
June 21, 2008.
‘‘(3) COUNTY.—The term ‘County’ means Washington County, Utah.
‘‘(4) NORTHEASTERN WASHINGTON COUNTY WILDERNESS
MAP.—The term ‘Northeastern Washington County
Wilderness Map’ means the map entitled ‘Northeastern Washington County Wilderness’ and dated
November 12, 2008.
‘‘(5) NORTHWESTERN WASHINGTON COUNTY WILDERNESS MAP.—The term ‘Northwestern Washington
County Wilderness Map’ means the map entitled
‘Northwestern Washington County Wilderness’ and
dated June 21, 2008.
‘‘(6) RED CLIFFS NATIONAL CONSERVATION AREA
MAP.—The term ‘Red Cliffs National Conservation
Area Map’ means the map entitled ‘Red Cliffs National Conservation Area’ and dated November 12,
2008.
‘‘(7) SECRETARY.—The term ‘Secretary’ means—
‘‘(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of Agriculture; and
‘‘(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
‘‘(8) STATE.—The term ‘State’ means the State of
Utah.
‘‘(9) WASHINGTON COUNTY GROWTH AND CONSERVATION
ACT MAP.—The term ‘Washington County Growth and
Conservation Act Map’ means the map entitled
‘Washington County Growth and Conservation Act
Map’ and dated November 13, 2008.’’

SUBCHAPTER CXXXV—BEAVER DAM WASH
NATIONAL CONSERVATION AREA
§ 460xxx. Beaver Dam Wash National Conservation Area
(a) Purpose
The purpose of this section is to conserve, protect, and enhance for the benefit and enjoyment
of present and future generations the ecological,
scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the Beaver Dam Wash National Conservation Area.
(b) Definitions
In this section:
(1) Management plan
The term ‘‘management plan’’ means the
management plan for the National Conservation Area developed by the Secretary under
subsection (d)(1).
(2) National Conservation Area
The term ‘‘National Conservation Area’’
means the Beaver Dam Wash National Conservation Area that—
(A) consists of approximately 68,083 acres
of public land in the County, as generally depicted on the Beaver Dam Wash National
Conservation Area Map; and
(B) is established by subsection (c).
(c) Establishment
Subject to valid existing rights, there is established in the State the Beaver Dam Wash National Conservation Area.

Page 812

(d) Management plan
(1) In general
Not later than 3 years after March 30, 2009,
and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for
the long-term management of the National
Conservation Area.
(2) Consultation
In developing the management plan required
under paragraph (1), the Secretary shall consult with—
(A) appropriate State, tribal, and local
governmental entities; and
(B) members of the public.
(3) Motorized vehicles
In developing the management plan required
under paragraph (1), the Secretary shall incorporate the restrictions on motorized vehicles
described in subsection (e)(3).
(e) Management
(1) In general
The Secretary shall manage the National
Conservation Area—
(A) in a manner that conserves, protects,
and enhances the resources of the National
Conservation Area; and
(B) in accordance with—
(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including
regulations).
(2) Uses
The Secretary shall only allow uses of the
National Conservation Area that the Secretary determines would further the purpose
described in subsection (a).
(3) Motorized vehicles
(A) In general
Except in cases in which motorized vehicles are needed for administrative purposes,
or to respond to an emergency, the use of
motorized vehicles in the National Conservation Area shall be permitted only on roads
designated by the management plan for the
use of motorized vehicles.
(B) Additional requirement relating to certain areas located in the National Conservation Area
In addition to the requirement described
in subparagraph (A), with respect to the
areas designated on the Beaver Dam Wash
National Conservation Area Map as ‘‘Designated Road Areas’’, motorized vehicles
shall be permitted only on the roads identified on such map.
(4) Grazing
The grazing of livestock in the National
Conservation Area, where established before
March 30, 2009, shall be permitted to continue—
(A) subject to—
(i) such reasonable regulations, policies,
and practices as the Secretary considers
necessary; and

Page 813

TITLE 16—CONSERVATION

(ii) applicable law (including regulations); and
(B) in a manner consistent with the purpose described in subsection (a).
(5) Wildland fire operations
Nothing in this section prohibits the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from
conducting wildland fire operations in the National Conservation Area, consistent with the
purposes of this section.
(f) Incorporation of acquired land and interests
Any land or interest in land that is located in
the National Conservation Area that is acquired
by the United States shall—
(1) become part of the National Conservation
Area; and
(2) be managed in accordance with—
(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including
regulations).
(g) Withdrawal
(1) In general
Subject to valid existing rights, all Federal
land located in the National Conservation
Area is withdrawn from—
(A) all forms of entry, appropriation, and
disposal under the public land laws;
(B) location, entry, and patenting under
the mining laws; and
(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(2) Additional land
If the Secretary acquires additional land
that is located in the National Conservation
Area after March 30, 2009, the land is withdrawn from operation of the laws referred to
in paragraph (1) on the date of acquisition of
the land.
(Pub. L. 111–11, title I, § 1975, Mar. 30, 2009, 123
Stat. 1083.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsecs. (e)(1)(B)(i) and (f)(2)(A), is
Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43,
Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section
1701 of Title 43 and Tables.
DEFINITIONS
For definitions of terms used in this section, see section 1971 of Pub. L. 111–11, set out as a note under section 460www of this title.

SUBCHAPTER
CXXXVI—FORT
STANTONSNOWY RIVER CAVE NATIONAL CONSERVATION AREA
§ 460yyy. Definitions
In this subchapter:
(1) Conservation Area
The term ‘‘Conservation Area’’ means the
Fort Stanton-Snowy River Cave National Con-

§ 460yyy–2

servation
Area
established
by
section
460yyy–1(a) of this title.
(2) Management plan
The term ‘‘management plan’’ means the
management plan developed for the Conservation Area under section 460yyy–2(c) of this
title.
(3) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Director of
the Bureau of Land Management.
(Pub. L. 111–11, title II, § 2201, Mar. 30, 2009, 123
Stat. 1099.)
§ 460yyy–1. Establishment of the Fort StantonSnowy River Cave National Conservation
Area
(a) Establishment; purposes
There is established the Fort Stanton-Snowy
River Cave National Conservation Area in Lincoln County, New Mexico, to protect, conserve,
and enhance the unique and nationally important historic, cultural, scientific, archaeological, natural, and educational subterranean cave
resources of the Fort Stanton-Snowy River cave
system.
(b) Area included
The Conservation Area shall include the area
within the boundaries depicted on the map entitled ‘‘Fort Stanton-Snowy River Cave National
Conservation Area’’ and dated December 15, 2008.
(c) Map and legal description
(1) In general
As soon as practicable after March 30, 2009,
the Secretary shall submit to Congress a map
and legal description of the Conservation
Area.
(2) Effect
The map and legal description of the Conservation Area shall have the same force and
effect as if included in this subchapter, except
that the Secretary may correct any minor errors in the map and legal description.
(3) Public availability
The map and legal description of the Conservation Area shall be available for public inspection in the appropriate offices of the Bureau of Land Management.
(Pub. L. 111–11, title II, § 2202, Mar. 30, 2009, 123
Stat. 1099.)
§ 460yyy–2. Management of the Conservation
Area
(a) Management
(1) In general
The Secretary shall manage the Conservation Area—
(A) in a manner that conserves, protects,
and enhances the resources and values of the
Conservation Area, including the resources
and values described in section 460yyy–1(a)
of this title; and
(B) in accordance with—
(i) this subchapter;

§ 460yyy–3

TITLE 16—CONSERVATION

(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
and
(iii) any other applicable laws.
(2) Uses
The Secretary shall only allow uses of the
Conservation Area that are consistent with
the protection of the cave resources.
(3) Requirements
In administering the Conservation Area, the
Secretary shall provide for—
(A) the conservation and protection of the
natural and unique features and environs for
scientific, educational, and other appropriate public uses of the Conservation Area;
(B) public access, as appropriate, while
providing for the protection of the cave resources and for public safety;
(C) the continuation of other existing uses
or other new uses of the Conservation Area
that do not impair the purposes for which
the Conservation Area is established;
(D) management of the surface area of the
Conservation Area in accordance with the
Fort Stanton Area of Critical Environmental Concern Final Activity Plan dated
March, 2001, or any amendments to the plan,
consistent with this subchapter; and
(E) scientific investigation and research
opportunities within the Conservation Area,
including through partnerships with colleges, universities, schools, scientific institutions, researchers, and scientists to conduct research and provide educational and
interpretive services within the Conservation Area.
(b) Withdrawals
Subject to valid existing rights, all Federal
surface and subsurface land within the Conservation Area and all land and interests in the
land that are acquired by the United States
after March 30, 2009, for inclusion in the Conservation Area, are withdrawn from—
(1) all forms of entry, appropriation, or disposal under the general land laws;
(2) location, entry, and patent under the
mining laws; and
(3) operation under the mineral leasing and
geothermal leasing laws.
(c) Management plan
(1) In general
Not later than 2 years after March 30, 2009,
the Secretary shall develop a comprehensive
plan for the long-term management of the
Conservation Area.
(2) Purposes
The management plan shall—
(A) describe the appropriate uses and management of the Conservation Area;
(B) incorporate, as appropriate, decisions
contained in any other management or activity plan for the land within or adjacent to
the Conservation Area;
(C) take into consideration any information developed in studies of the land and resources within or adjacent to the Conservation Area; and

Page 814

(D) provide for a cooperative agreement
with Lincoln County, New Mexico, to address the historical involvement of the local
community in the interpretation and protection of the resources of the Conservation
Area.
(d) Research and interpretive facilities
(1) In general
The Secretary may establish facilities for—
(A) the conduct of scientific research; and
(B) the interpretation of the historical,
cultural, scientific, archaeological, natural,
and educational resources of the Conservation Area.
(2) Cooperative agreements
The Secretary may, in a manner consistent
with this subchapter, enter into cooperative
agreements with the State of New Mexico and
other institutions and organizations to carry
out the purposes of this subchapter.
(e) Water rights
Nothing in this subchapter constitutes an express or implied reservation of any water right.
(Pub. L. 111–11, title II, § 2203, Mar. 30, 2009, 123
Stat. 1100.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (a)(1)(B)(ii), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.

§ 460yyy–3. Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this subchapter.
(Pub. L. 111–11, title II, § 2204, Mar. 30, 2009, 123
Stat. 1101.)
SUBCHAPTER
ESCALANTE
AREA

CXXXVII—DOMINGUEZNATIONAL CONSERVATION

§ 460zzz. Definitions
In this subchapter:
(1) Conservation Area
The term ‘‘Conservation Area’’ means the
Dominguez-Escalante National Conservation
Area established by section 460zzz–1(a)(1) of
this title.
(2) Council
The term ‘‘Council’’ means the DominguezEscalante National Conservation Area Advisory Council established under section 460zzz–6
of this title.
(3) Management plan
The term ‘‘management plan’’ means the
management plan developed under section
460zzz–5 of this title.
(4) Map
The term ‘‘Map’’ means the map entitled
‘‘Dominguez-Escalante National Conservation
Area’’ and dated September 15, 2008.

Page 815

§ 460zzz–2

TITLE 16—CONSERVATION

(5) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) State
The term ‘‘State’’ means the State of Colorado.
(7) Wilderness
The
term
‘‘Wilderness’’
means
the
Dominguez Canyon Wilderness Area designated by section 460zzz–2(a) of this title.
(Pub. L. 111–11, title II, § 2401, Mar. 30, 2009, 123
Stat. 1102.)
§ 460zzz–1. Dominguez-Escalante National Conservation Area
(a) Establishment
(1) In general
There is established the DominguezEscalante National Conservation Area in the
State.
(2) Area included
The Conservation Area shall consist of approximately 209,610 acres of public land, as
generally depicted on the Map.
(b) Purposes
The purposes of the Conservation Area are to
conserve and protect for the benefit and enjoyment of present and future generations—
(1) the unique and important resources and
values of the land, including the geological,
cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife, riparian, historical, educational, and scenic resources of the public land; and
(2) the water resources of area streams,
based on seasonally available flows, that are
necessary to support aquatic, riparian, and
terrestrial species and communities.
(c) Management
(1) In general
The Secretary shall manage the Conservation Area—
(A) as a component of the National Landscape Conservation System;
(B) in a manner that conserves, protects,
and enhances the resources and values of the
Conservation Area described in subsection
(b); and
(C) in accordance with—
(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this subchapter; and
(iii) any other applicable laws.
(2) Uses
(A) In general
The Secretary shall allow only such uses
of the Conservation Area as the Secretary
determines would further the purposes for
which the Conservation Area is established.
(B) Use of motorized vehicles
(i) In general
Except as provided in clauses (ii) and
(iii), use of motorized vehicles in the Conservation Area shall be allowed—

(I) before the effective date of the management plan, only on roads and trails
designated for use of motor vehicles in
the management plan that applies on
March 30, 2009, to the public land in the
Conservation Area; and
(II) after the effective date of the management plan, only on roads and trails
designated in the management plan for
the use of motor vehicles.
(ii) Administrative and emergency response use
Clause (i) shall not limit the use of
motor vehicles in the Conservation Area
for administrative purposes or to respond
to an emergency.
(iii) Limitation
This subparagraph shall not apply to the
Wilderness.
(Pub. L. 111–11, title II, § 2402, Mar. 30, 2009, 123
Stat. 1102.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (c)(1)(C)(i), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1701 of
Title 43 and Tables.

§ 460zzz–2. Dominguez Canyon Wilderness Area
(a) In general
In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 66,280
acres of public land in Mesa, Montrose, and
Delta Counties, Colorado, as generally depicted
on the Map, is designated as wilderness and as a
component of the National Wilderness Preservation System, to be known as the ‘‘Dominguez
Canyon Wilderness Area’’.
(b) Administration of Wilderness
The Wilderness shall be managed by the Secretary in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and this subchapter, except
that—
(1) any reference in the Wilderness Act to
the effective date of that Act shall be considered to be a reference to March 30, 2009; and
(2) any reference in the Wilderness Act to
the Secretary of Agriculture shall be considered to be a reference to the Secretary of the
Interior.
(Pub. L. 111–11, title II, § 2403, Mar. 30, 2009, 123
Stat. 1103.)
REFERENCES IN TEXT
The Wilderness Act, referred to in text, is Pub. L.
88–577, Sept. 3, 1964, 78 Stat. 890, 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.
CODIFICATION
Section is comprised of section 2403 of Pub. L. 111–11.
Section 2403 also enacted provisions listed in a table of
Wilderness Areas set out under section 1132 of this
title.

§ 460zzz–3

TITLE 16—CONSERVATION

§ 460zzz–3. Maps and legal descriptions
(a) In general
As soon as practicable after March 30, 2009, the
Secretary shall file a map and a legal description of the Conservation Area and the Wilderness with—
(1) the Committee on Energy and Natural
Resources of the Senate; and
(2) the Committee on Natural Resources of
the House of Representatives.
(b) Force and effect
The Map and legal descriptions filed under
subsection (a) shall have the same force and effect as if included in this subchapter, except
that the Secretary may correct clerical and typographical errors in the Map and legal descriptions.
(c) Public availability
The Map and legal descriptions filed under
subsection (a) shall be available for public inspection in the appropriate offices of the Bureau
of Land Management.
(Pub. L. 111–11, title II, § 2404, Mar. 30, 2009, 123
Stat. 1103.)
§ 460zzz–4. Management of Conservation Area
and Wilderness
(a) Withdrawal
Subject to valid existing rights, all Federal
land within the Conservation Area and the Wilderness and all land and interests in land acquired by the United States within the Conservation Area or the Wilderness is 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 of the mineral leasing, mineral
materials, and geothermal leasing laws.
(b) Grazing
(1) Grazing in Conservation Area
Except as provided in paragraph (2), the Secretary shall issue and administer any grazing
leases or permits in the Conservation Area in
accordance with the laws (including regulations) applicable to the issuance and administration of such leases and permits on other
land under the jurisdiction of the Bureau of
Land Management.
(2) Grazing in Wilderness
The grazing of livestock in the Wilderness, if
established as of March 30, 2009, shall be permitted to continue—
(A) subject to any reasonable regulations,
policies, and practices that the Secretary determines to be necessary; and
(B) in accordance with—
(i) section 1133(d)(4) of this title; and
(ii) the guidelines set forth in Appendix
A of the report of the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of
the 101st Congress (H. Rept. 101–405).

Page 816

(c) No buffer zones
(1) In general
Nothing in this subchapter creates a protective perimeter or buffer zone around the Conservation Area.
(2) Activities outside Conservation Area
The fact that an activity or use on land outside the Conservation Area can be seen or
heard within the Conservation Area shall not
preclude the activity or use outside the boundary of the Conservation Area.
(d) Acquisition of land
(1) In general
The Secretary may acquire non-Federal land
within the boundaries of the Conservation
Area or the Wilderness only through exchange,
donation, or purchase from a willing seller.
(2) Management
Land acquired under paragraph (1) shall—
(A) become part of the Conservation Area
and, if applicable, the Wilderness; and
(B) be managed in accordance with this
subchapter and any other applicable laws.
(e) Fire, insects, and diseases
Subject to such terms and conditions as the
Secretary determines to be desirable and appropriate, the Secretary may undertake such measures as are necessary to control fire, insects, and
diseases—
(1) in the Wilderness, in accordance with section 1133(d)(1) of this title; and
(2) except as provided in paragraph (1), in the
Conservation Area in accordance with this
subchapter and any other applicable laws.
(f) Access
The Secretary shall continue to provide private landowners adequate access to inholdings
in the Conservation Area.
(g) Invasive species and noxious weeds
In accordance with any applicable laws and
subject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may prescribe measures to
control nonnative invasive plants and noxious
weeds within the Conservation Area.
(h) Water rights
(1) Effect
Nothing in this subchapter—
(A) affects the use or allocation, in existence on March 30, 2009, of any water, water
right, or interest in water;
(B) affects any vested absolute or decreed
conditional water right in existence on
March 30, 2009, including any water right
held by the United States;
(C) affects any interstate water compact in
existence on March 30, 2009;
(D) authorizes or imposes any new reserved
Federal water rights; or
(E) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States
in the State on or before March 30, 2009.
(2) Wilderness water rights
(A) In general
The Secretary shall ensure that any water
rights within the Wilderness required to ful-

Page 817

§ 460zzz–4

TITLE 16—CONSERVATION

fill the purposes of the Wilderness are secured in accordance with subparagraphs (B)
through (G).
(B) State law
(i) Procedural requirements
Any water rights within the Wilderness
for which the Secretary pursues adjudication shall be adjudicated, changed, and administered in accordance with the procedural requirements and priority system of
State law.
(ii) Establishment of water rights
(I) In general
Except as provided in subclause (II),
the purposes and other substantive characteristics of the water rights pursued
under this paragraph shall be established
in accordance with State law.
(II) Exception
Notwithstanding subclause (I) and in
accordance with this subchapter, the
Secretary may appropriate and seek adjudication of water rights to maintain
surface water levels and stream flows on
and across the Wilderness to fulfill the
purposes of the Wilderness.
(C) Deadline
The Secretary shall promptly, but not earlier than January 2009, appropriate the
water rights required to fulfill the purposes
of the Wilderness.
(D) Required determination
The Secretary shall not pursue adjudication for any instream flow water rights unless the Secretary makes a determination
pursuant to subparagraph (E)(ii) or (F).
(E) Cooperative enforcement
(i) In general
The Secretary shall not pursue adjudication of any Federal instream flow water
rights established under this paragraph
if—
(I) the Secretary determines, upon adjudication of the water rights by the Colorado Water Conservation Board, that
the Board holds water rights sufficient
in priority, amount, and timing to fulfill
the purposes of the Wilderness; and
(II) the Secretary has entered into a
perpetual agreement with the Colorado
Water Conservation Board to ensure the
full exercise, protection, and enforcement of the State water rights within
the Wilderness to reliably fulfill the purposes of the Wilderness.
(ii) Adjudication
If the Secretary determines that the provisions of clause (i) have not been met, the
Secretary shall adjudicate and exercise
any Federal water rights required to fulfill
the purposes of the Wilderness in accordance with this paragraph.
(F) Insufficient water rights
If the Colorado Water Conservation Board
modifies the instream flow water rights ob-

tained under subparagraph (E) to such a degree that the Secretary determines that
water rights held by the State are insufficient to fulfill the purposes of the Wilderness, the Secretary shall adjudicate and exercise Federal water rights required to fulfill
the purposes of the Wilderness in accordance
with subparagraph (B).
(G) Failure to comply
The Secretary shall promptly act to exercise and enforce the water rights described
in subparagraph (E) if the Secretary determines that—
(i) the State is not exercising its water
rights
consistent
with
subparagraph
(E)(i)(I); or
(ii) the agreement described in subparagraph (E)(i)(II) is not fulfilled or complied
with sufficiently to fulfill the purposes of
the Wilderness.
(3) Water resource facility
(A) In general
Notwithstanding any other provision of
law and subject to subparagraph (B), beginning on March 30, 2009, neither the President
nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or issue a license or permit for the development of any new irrigation and pumping
facility, reservoir, water conservation work,
aqueduct, canal, ditch, pipeline, well, hydropower project, transmission, other ancillary
facility, or other water, diversion, storage,
or carriage structure in the Wilderness.
(B) Exception
Notwithstanding subparagraph (A), the
Secretary may allow construction of new
livestock watering facilities within the Wilderness in accordance with—
(i) section 1133(d)(4) of this title; and
(ii) the guidelines set forth in Appendix
A of the report of the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of
the 101st Congress (H. Rept. 101–405).
(4) Conservation area water rights
With respect to water within the Conservation Area, nothing in this subchapter—
(A) authorizes any Federal agency to appropriate or otherwise acquire any water
right on the mainstem of the Gunnison
River; or
(B) prevents the State from appropriating
or acquiring, or requires the State to appropriate or acquire, an instream flow water
right on the mainstem of the Gunnison
River.
(5)

Wilderness
River

boundaries

along

Gunnison

(A) In general
In areas in which the Gunnison River is
used as a reference for defining the boundary
of the Wilderness, the boundary shall—
(i) be located at the edge of the river;
and
(ii) change according to the river level.

§ 460zzz–5

TITLE 16—CONSERVATION

(B) Exclusion from Wilderness
Regardless of the level of the Gunnison
River, no portion of the Gunnison River is
included in the Wilderness.
(i) Effect
Nothing in this subchapter—
(1) diminishes the jurisdiction of the State
with respect to fish and wildlife in the State;
or
(2) imposes any Federal water quality standard upstream of the Conservation Area or
within the mainstem of the Gunnison River
that is more restrictive than would be applicable had the Conservation Area not been established.
(j) Valid existing rights
The designation of the Conservation Area and
Wilderness is subject to valid rights in existence
on March 30, 2009.
(Pub. L. 111–11, title II, § 2405, Mar. 30, 2009, 123
Stat. 1104.)
§ 460zzz–5. Management plan
(a) In general
Not later than 3 years after March 30, 2009, the
Secretary shall develop a comprehensive management plan for the long-term protection and
management of the Conservation Area.
(b) Purposes
The management plan shall—
(1) describe the appropriate uses and management of the Conservation Area;
(2) be developed with extensive public input;
(3) take into consideration any information
developed in studies of the land within the
Conservation Area; and
(4) include a comprehensive travel management plan.

Page 818

(2) 1 member shall be appointed after considering the recommendations of the Montrose
County Commission;
(3) 1 member shall be appointed after considering the recommendations of the Delta County Commission;
(4) 1 member shall be appointed after considering the recommendations of the permittees
holding grazing allotments within the Conservation Area or the Wilderness; and
(5) 5 members shall reside in, or within reasonable proximity to, Mesa County, Delta
County, or Montrose County, Colorado, with
backgrounds that reflect—
(A) the purposes for which the Conservation Area or Wilderness was established; and
(B) the interests of the stakeholders that
are affected by the planning and management of the Conservation Area and Wilderness.
(e) Representation
The Secretary shall ensure that the membership of the Council is fairly balanced in terms of
the points of view represented and the functions
to be performed by the Council.
(f) Duration
The Council shall terminate on the date that
is 1 year from the date on which the management plan is adopted by the Secretary.
(Pub. L. 111–11, title II, § 2407, Mar. 30, 2009, 123
Stat. 1107.)
REFERENCES IN TEXT

(Pub. L. 111–11, title II, § 2406, Mar. 30, 2009, 123
Stat. 1107.)

The Federal Advisory Committee Act, referred to in
subsec. (c)(1), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770,
which is set out in the Appendix to Title 5, Government
Organization and Employees.
The Federal Land Policy and Management Act of
1976, referred to in subsec. (c)(2), is Pub. L. 94–579, Oct.
21, 1976, 90 Stat. 2743, which is classified principally to
chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For
complete classification of this Act to the Code, see
Short Title note set out under section 1701 of Title 43
and Tables.

§ 460zzz–6. Advisory Council

§ 460zzz–7. Authorization of appropriations

(a) Establishment
Not later than 180 days after March 30, 2009,
the Secretary shall establish an advisory council, to be known as the ‘‘Dominguez-Escalante
National Conservation Area Advisory Council’’.
(b) Duties
The Council shall advise the Secretary with
respect to the preparation and implementation
of the management plan.
(c) Applicable law
The Council shall be subject to—
(1) the Federal Advisory Committee Act (5
U.S.C. App.); and
(2) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).
(d) Members
The Council shall include 10 members to be appointed by the Secretary, of whom, to the extent
practicable—
(1) 1 member shall be appointed after considering the recommendations of the Mesa County Commission;

There are authorized to be appropriated such
sums as are necessary to carry out this subchapter.
(Pub. L. 111–11, title II, § 2408, Mar. 30, 2009, 123
Stat. 1108.)
CHAPTER 1A—HISTORIC SITES, BUILDINGS,
OBJECTS, AND ANTIQUITIES
SUBCHAPTER I—GENERAL PROVISIONS
Sec.

461.
462.
463.
464.
465.
466.
467.
467a,
467b.

468.

Declaration of national policy.
Administration by Secretary of the Interior;
powers and duties enumerated.
National Park System Advisory Board.
Cooperation with governmental and private
agencies.
Jurisdiction of States in acquired lands.
Requirement for specific authorization.
Conflict of laws.
467a–1. Repealed.
Survey by Secretary of the Interior of sites
for commemoration of former Presidents of
the United States.
National Trust for Historic Preservation in
the United States; creation; purpose.