" COMMITTEE PRINT NO. 107–A 107th Congress

1st Session

COMPILATION OF SELECTED ACTS

CONCERNING NATIONAL PARKS, PUBLIC

LANDS, AND RELATED MATTERS

WITH AMENDMENTS THROUGH THE

END OF THE 106th CONGRESS

PREPARED FOR THE USE OF THE

COMMITTEE ON

RESOURCES

OF THE

ONE HUNDRED SEVENTH CONGRESS

FIRST SESSION

APRIL 2001

Printed for the use of the

House Committee on Resources
U.S. GOVERNMENT PRINTING OFFICE

71–668 WASHINGTON : 

" COMMITTEE PRINT NO. 107–A 107th Congress

1st Session

2001

COMPILATION OF SELECTED ACTS

CONCERNING NATIONAL PARKS, PUBLIC

LANDS, AND RELATED MATTERS

WITH AMENDMENTS THROUGH THE

END OF THE 106th CONGRESS

PREPARED FOR THE USE OF THE

COMMITTEE ON

RESOURCES

OF THE

ONE HUNDRED SEVENTH CONGRESS

FIRST SESSION

APRIL 2001

Printed for the use of the

House Committee on Resources

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: (202) 512–1800 Fax: (202) 512–2250

Mail: Stop SSOP, Washington, DC 20402–0001
COMMITTEE ON RESOURCES

JAMES V. HANSEN, Utah, Chairman

NICK J. RAHALL II, West Virginia, Ranking Democrat Member

DON YOUNG, Alaska, Vice Chairman

W.J. ‘‘BILLY’’ TAUZIN, Louisiana

JIM SAXTON, New Jersey

ELTON GALLEGLY, California

JOHN J. DUNCAN, JR., Tennessee

JOEL HEFLEY, Colorado

WAYNE T. GILCHREST, Maryland

KEN CALVERT, California

SCOTT MCINNIS, Colorado

RICHARD W. POMBO, California

BARBARA CUBIN, Wyoming

GEORGE P. RADANOVICH, California

WALTER B. JONES, JR., North Carolina

MAC THORNBERRY, Texas

CHRIS CANNON, Utah

JOHN E. PETERSON, Pennsylvania

BOB SCHAFFER, Colorado

JIM GIBBONS, Nevada

MARK E. SOUDER, Indiana

GREG WALDEN, Oregon

MICHAEL K. SIMPSON, Idaho

THOMAS G. TANCREDO, Colorado

C.L. ‘‘BUTCH’’ OTTER, Idaho

TOM OSBORNE, Nebraska

JEFF FLAKE, Arizona

DENNIS R. REHBERG, Montana

(VACANCY)

EDWARD J. MARKEY, Massachusetts

DALE E. KILDEE, Michigan

PETER A. DEFAZIO, Oregon

ENI F.H. FALEOMAVAEGA, American

Samoa

NEIL ABERCROMBIE, Hawaii

SOLOMON P. ORTIZ, Texas

FRANK PALLONE, JR., NEW JERSEY

CALVIN M. DOOLEY, California

ROBERT A. UNDERWOOD, Guam

ADAM SMITH, Washington

DONNA M. CHRISTENSEN, Virgin Islands

RON KIND, Wisconsin

JAY INSLEE, Washington

GRACE F. NAPOLITANO, California

TOM UDALL, New Mexico

MARK UDALL, Colorado

RUSH D. HOLT, New Jersey

JAMES P. MCGOVERN, Massachusetts

ANI ́BAL ACEVEDO-VILA ́ , Puerto Rico

HILDA L. SOLIS, California

BRAD CARSON, Oklahoma

BETTY MCCOLLUM, Minnesota

(VACANCY)

ALLEN D. FREEMYER, Chief of Staff

LISA PITTMAN, Chief Counsel

MICHAEL TWINCHEK, Chief Clerk

JAMES H. ZOIA, Democrat Staff Director

(II)
For changes after the closing date of this publication (December 31, 2000) to provisions of law in this publication, see the

United States Code Classification Tables published by the Office of

the Law Revision Counsel of the House of Representatives at

http://uscode.house.gov/uscct.htm.

(III)

v

C O N T E N T S

[The laws in this compilation are updated through Public Law 106–580,

December 31, 2000]

Page

PART I—PARKS AND RECREATION

1. WILD AND SCENIC RIVERS ACT (AND RELATED LAWS):

A. Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) ................................ 1–3

B. Laws Applicable to Specific Segments of the Wild and Scenic Rivers

System ........................................................................................................... 1–80

2. NATIONAL TRAILS SYSTEM ACT (AND RELATED LAWS):

A. National Trails System Act (16 U.S.C. 1241 et seq.) ................................ 2–3

B. National Recreational Trails Advisory Committee (16 U.S.C. 1262) ...... 2–35

C. Laws Applicable to Specific Trails of the National Trails System .......... 2–37

3. ADMINISTRATION OF NATIONAL PARK SYSTEM:

A. Act of August 25, 1916 (National Park Service Organic Act) (16 U.S.C.

1 et seq.) ........................................................................................................ 3–3

B. Public Law 91–383 (National Park System General Authorities Act)

(16 U.S.C. 1a–1 et seq.) ................................................................................ 3–5

C. Section 4 of Public Law 98–540 (16 U.S.C. 1a–8) ..................................... 3–17

D. Sections 1213 through 1217 of Public Law 101–628 (Periodic Review

of System) (16 U.S.C. 1a–9 et seq.) ............................................................. 3–19

E. National Park Police Drug Enforcement Supplemental Authority Act

(Public Law 99–570) (16 U.S.C. 1 note) ...................................................... 3–21

F. Act of August 8, 1953 (16 U.S.C. 1b et seq.) .............................................. 3–23

G. Laws Relating to Park Roads (Act of April 9, 1924, Act of March

4, 1931, Act of June 3, 1948) (16 U.S.C. 8 et seq.) ..................................... 3–27

H. Act of May 26, 1930 (16 U.S.C. 17 et seq.) ................................................ 3–31

I. Act of August 7, 1946 (Miscellaneous Authorizations) (16 U.S.C. 17j–

2) ..................................................................................................................... 3–35

J. Section 814 of Public Law 104–333 (National Park Service Administrative Reform) (16 U.S.C. 1f and 17o) ............................................................. 3–37

K. Act of July 1, 1955 (Museum Management) (16 U.S.C. 18f et seq.) ........ 3–45

L. Volunteers in the Parks Act of 1969 (Public Law 91–357) (16 U.S.C.

18g et seq.) ..................................................................................................... 3–47

M. Public Law 89–249 (National Park Service Concessions Policy Act)

(REPEALED) ................................................................................................. 3–49

N. Section 5 of Public Law 90–401 (Land Transfers) (16 U.S.C. 460l–

22) ................................................................................................................... 3–53

O. Title III of Public Law 95–344 (Public Transportation Programs) (16

U.S.C. 2301 et seq.) ....................................................................................... 3–55
Page

vi

3. ADMINISTRATION OF NATIONAL PARK SYSTEM—Continued

P. National Park Service Concessions Management Improvement Act of

1998 (16 U.S.C. 5951 et seq.) ....................................................................... 3–59

4. PUBLIC LAW 88–29 (OUTDOOR RECREATION ACT OF 1963) (16 U.S.C. 460l

et seq.) ................................................................................................................... 4–1

5. PUBLIC LAW 90–209 (NATIONAL PARK FOUNDATION ACT) (16 U.S.C. 19e

et seq.) ................................................................................................................... 5–1

6. PUBLIC LAW 94–429 (MINING IN THE PARKS ACT) (16 U.S.C. 1901 et seq.) .... 6–1

7. PUBLIC LAW 101–337 (PARK SYSTEM RESOURCE PROTECTION) (16 U.S.C.

19jj et seq.) ............................................................................................................ 7–1

PART II—ANTIQUITIES AND HISTORIC PRESERVATION

11. NATIONAL HISTORIC PRESERVATION ACT (AND RELATED LAWS):

A. National Historic Preservation Act (16 U.S.C. 470 et seq.) ..................... 11–3

B. Section 603 of Public Law 89–754 (Grants to National Trust) (16

U.S.C. 470b–1) ............................................................................................... 11–45

C. Title IV of Public Law 96–515 (World Heritage Convention) (16 U.S.C.

470a–1 and 470a–2) ...................................................................................... 11–47

D. Section 507 of Division I of Public Law 104–333 (Historically Black

Colleges and Universities Historic Building Restoration and Preservation) (16 U.S.C. 470a note) ........................................................................... 11–49

12. ACT OF AUGUST 21, 1935 (HISTORIC SITES, BUILDINGS, AND ANTIQUITIES

ACT) (16 U.S.C. 461 et seq.) ................................................................................ 12–1

13. ACT OF JUNE 8, 1906 (ANTIQUITIES ACT) (16 U.S.C. 431 et seq.) .................. 13–1

14. PUBLIC LAW 86–523 (ARCHAEOLOGICAL RECOVERY ACT) (16 U.S.C. 469

et seq.) ................................................................................................................... 14–1

15. ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979 (16 U.S.C. 470aa

et seq.) ................................................................................................................... 15–1

16. FEDERAL CAVE RESOURCES PROTECTION ACT OF 1988 (16 U.S.C. 4301

et seq.) ................................................................................................................... 16–1

17. COMMEMORATIVE WORKS ACT (40 U.S.C. 1001 et seq.) .................................. 17–1

PART III—WILDERNESS LAWS

21. WILDERNESS ACT (16 U.S.C. 1131 et seq.) ....................................................... 21–1

22. PUBLIC LAW 93–622 (EASTERN WILDERNESS ACT) .......................................... 22–1

PART IV—PUBLIC LANDS

31. FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 (43 U.S.C. 1701

et seq.) ................................................................................................................... 31–1

32. MISCELLANEOUS LAND LAWS:

A. Section 4 of Public Law 100–409 (Land Exchange Funding Authorization) (43 U.S.C. 1716 note) ........................................................................... 32–3

B. Forest Ecosystems Health and Recovery Revolving Fund (43 U.S.C.

1736a) ............................................................................................................. 32–5

C. Environmental Improvement and Restoration Fund (43 U.S.C. 1474d) . 32–7
Page

vii

33. ACT OF JUNE 14, 1926 (Recreation and Public Purposes Act) (43 U.S.C.

869 et seq.) ............................................................................................................ 33–1

PART V—LAND AND WATER CONSERVATION FUND AND RELATED LAWS

41. LAND AND WATER CONSERVATION FUND ACT OF 1965 (16 U.S.C. 460l–

4 et seq.) ................................................................................................................ 41–1

42. RECREATIONAL FEE DEMONSTRATION PROGRAM (16 U.S.C. 460l–6a note) .... 42–1

43. ADMISSION, ENTRANCE, AND RECREATION FEES AT AREAS ADMINISTERED

BY THE SECRETARY OF AGRICULTURE (16 U.S.C. 460l–6c) ................................ 43–1

44. RECREATIONAL USER FEES AT LAKES AND RESERVOIRS ADMINISTERED BY

THE CORPS OF ENGINEERS (16 U.S.C. 460d–3) ................................................... 44–1

45. AUTHORITY FOR THE SECRETARY OF THE INTERIOR AND THE SECRETARY

OF AGRICULTURE TO ESTABLISH A FEE SYSTEM FOR COMMERCIAL FILMING

ACTIVITIES ON FEDERAL LAND (16 U.S.C. 460l–6d) ........................................... 45–1

46. FEES FOR USE OF NATIONAL PARK SYSTEM (16 U.S.C. 5981 et seq.) ............. 46–1

47. NATIONAL PARK PASSPORT PROGRAM (16 U.S.C. 5991 et seq.) ...................... 47–1

48. CABIN USER FEE FAIRNESS ACT OF 2000 (16 U.S.C. 6201 et seq.) ................ 48–1
1–1

PART I—PARKS AND RECREATION

1. WILD AND SCENIC RIVERS ACT (AND RELATED LAWS)

[As Amended Through Public Law 106–580, December 31, 2000]

1–3

A. WILD AND SCENIC RIVERS ACT

(Public Law 90–542; Approved October 2, 1968)

AN ACT To provide a National Wild and Scenic Rivers System, and for other

purposes.

Be it enacted by the Senate and House of Repesentatives of the

United States of America in Congress assembled, That ø16 U.S.C.

1271¿ (a) this Act may be cited as the ‘‘Wild and Scenic Rivers

Act’’.

(b) It is hereby declared to be the policy of the United States

that certain selected rivers of the Nation which, with their immediate environments, possess outstandingly remarkable scenic recreational, geologic fish and wildlife, historic, cultural or other similar values, shall be preserved in free-flowing condition, and that

they and their immediate environments shall be protected for the

benefit and enjoyment of present and future generations. The Congress declares that the established national policy of dam and other

construction at appropriate sections of the rivers of the United

States needs to be complemented by a policy that would preserve

other selected rivers or sections thereof in their free-flowing condition to protect the water quality of such rivers and to fulfill other

vital national conservation purposes.

(c) ø16 U.S.C. 1272¿ The purpose of this Act is to implement

this policy by instituting a national wild and scenic rivers system,

by designating the initial components with that system and by prescribing the methods by which and standards according to which

additional components may be added to the system from time to

time.

SEC. 2. ø16 U.S.C. 1273¿ (a) The national wild and scenic rivers system shall comprise rivers (i) that are authorized for inclusion therein by Act of Congress, or (ii) that are designated as wild,

scenic or recreational rivers by or pursuant to an act of the legislature of the State or States through which they flow, that are to be

permanently administered as wild, scenic or recreational rivers by

an agency or political subdivision of the State or States concerned,

that are found by the Secretary of the Interior, upon application of

the Governor of the State or the Governors of the States concerned,

or a person or persons thereunto duly appointed by him or them,

to meet the criteria established in this Act and such criteria supplementary thereto as he may prescribe, and that are approved by

him for inclusion in the system, including, upon application of the

Governor of the State concerned, the Allagash Wilderness Waterway, Maine; that segment of the Wolf River, Wisconsin, which

flows through Langlade County and that segment of the New River

in North Carolina extending from its confluence with Dog Creek
Sec. 3 WILD AND SCENIC RIVERS ACT 1–4

downstream approximately 26.5 miles to the Virginia State line.

Upon receipt of an application under clause (ii) of this subsection,

the Secretary shall notify the Federal Energy Regulatory Commission and publish such application in the Federal Register. Each

river designated under clause (ii) shall be administered by the

State or political subdivision thereof without expense to the United

States other than for administration and management of federally

owned lands. For purposes of the preceding sentence, amounts

made available to any State or political subdivision under the Land

and Water Conservation Act of 1965 or any other provision of law

shall not be treated as an expense to the United States. Nothing

in this subsection shall be construed to provide for the transfer to,

or administration by, a State or local authority of any federally

owned lands which are within the boundaries of any river included

within the system under clause (ii).

(b) A wild, scenic or recreational river area eligible to be included in the system is a free-flowing stream and the related adjacent land area that possesses one or more of the values referred to

in section 1, subsection (b) of this Act. Every wild, scenic or recreational river in its free-flowing condition, or upon restoration to

this condition, shall be considered eligible for inclusion in the national wild and scenic rivers system and, if included, shall be classified, designated, and administered as one of the following:

(1) Wild river areas—Those rivers or sections of rivers that

are free of impoundments and generally inaccessible except by

trail, with watersheds or shorelines essentially primitive and

waters unpolluted. These represent vestiges of primitive America.

(2) Scenic river areas—Those rivers or sections of rivers

that are free of impoundments, with shorelines or watersheds

still largely primitive and shorelines largely undeveloped, but

accessible in places by roads.

(3) Recreational river areas—Those rivers or sections of

rivers that are readily accessible by road or railroad, that may

have some development along their shorelines, and that may

have undergone some impoundment or diversion in the past.

SEC. 3. ø16 U.S.C. 1274¿ (a) The following rivers and the land

adjacent thereto are hereby designated as components of the national wild and scenic rivers system:

(1) CLEARWATER, MIDDLE FORK, IDAHO.—The Middle Fork from

the town of Kooskia upstream to the town of Lowell; the Lochsa

River from its junction with the Selway at Lowell forming the Middle Fork, upstream to the Powell Ranger Station; and the Selway

River from Lowell upstream to its origin; to be administered by the

Secretary of Agriculture.

(2) ELEVEN POINT, MISSOURI.—The segment of the river extending downstream from Thomasville, to State Highway 142; to be

administered by the Secretary of Agriculture.

(3) FEATHER, CALIFORNIA.—The entire Middle Fork downstream from the confluence of its tributary streams one kilometer

south of Beckwourth, California; to be administered by the Secretary of Agriculture.

(4) RIO GRANDE, NEW MEXICO.—The segment extending from

the Colorado State line downstream to the State Highway 96 cross-
1–5 Sec. 3 WILD AND SCENIC RIVERS ACT

1See the Lower Saint Croix River Act of 1972, the next item in this compilation, for related

provisions regarding paragraph (9).

ing, and the lower four miles of the Red River; to be administered

by the Secretary of the Interior.

(5) ROGUE, OREGON.—The segment of the river extending from

the mouth of the Applegate River downstream to the Lobster Creek

Bridge; to be administered by agencies of the Departments of the

Interior or Agriculture as agreed upon by the Secretaries of said

Departments or as directed by the President.

(6) SAINT CROIX, MINNESOTA AND WISCONSIN.—The segment

between the dam near Taylors Falls, Minnesota, and the dam near

Gordon, Wisconsin, and its tributary, the Namekagon, from Lake

Namekagon downstream to its confluence with the Saint Croix; to

be administered by the Secretary of the Interior; Provided, That except as may be required in connection with items (a) and (b) of this

paragraph, no funds available to carry out the provisions of this

Act may be expended for the acquisition or development of lands

in connection with, or for administration under this Act of, that

portion of the Saint Croix River between the dam near Taylors

Falls, Minnesota, and the upstream end of Big Island in Wisconsin,

until sixty days after the date on which the Secretary has transmitted to the President of the Senate and Speaker of the House of

Representatives a proposed cooperative agreement between the

Northern States Power Company and the United States (a) whereby the company agrees to convey to the United States, without

charge, appropriate interests in certain of its lands between the

dam near Taylors Falls, Minnesota, and the upstream end of Big

Island in Wisconsin, including the company’s right, title, and interest to approximately one hundred acres per mile, and (b) providing

for the use and development of other lands and interests in land

retained by the company between said points adjacent to the river

in a manner which shall complement and not be inconsistent with

the purposes for which the lands and interests in land donated by

the company are administered under this Act. Said agreement may

also include provision for State or local governmental participation

as authorized under subsection (e) of section 10 of this Act. A onethousand-three-hundred-and-eighty-acre portion of the area commonly known as the Velie Estate, located adjacent to the Saint

Croix River in Douglas County, Wisconsin, as depicted on the map

entitled ‘‘Boundary Map/Velie Estate—Saint Croix National Scenic

Riverway’’, dated September 1980, and numbered 630–90,001, may

be acquired by the Secretary without regard to any acreage limitation set forth in subsection (b) of this section or subsection (a) or

(b) of section 6 of this Act.

(7) SALMON, MIDDLE FORK, IDAHO.—From its origin to its confluence with the main Salmon River; to be administered by the Secretary of Agriculture.

(8) WOLF, WISCONSIN.—From the Langlade-Menominee County

line downstream to Keshena Falls; to be administered by the Secretary of the Interior.

(9) 1 LOWER SAINT CROIX, MINNESOTA AND WISCONSIN.—The

segment between the dam near Taylors Falls and its confluence

with the Mississippi River: Provided, (i) That the upper twentyseven miles of this river segment shall be administered by the Sec-
Sec. 3 WILD AND SCENIC RIVERS ACT 1–6

2The headings of paragraphs (11) and (12) appear in a type face different than the type face

otherwise used in this subsection. These paragraphs were added by subsection (a) of section 3

of Public Law 94–199 (89 Stat. 1117). Subsection (b) of such section 3 provides as follows:

(b) The segments of the Snake River and the Rapid River designated as wild or scenic river

areas by this Act shall be administered by the Secretary in accordance with the provisions of

the Wild and Scenic Rivers Act (82 Stat. 906), as amended, and the Secretary shall establish

detailed boundaries of the Snake River segments thereof in accordance with subsection 3(b) of

that Act: Provided, That the Secretary shall establish a corridor along the segments of the Rapid

River and may not undertake or permit to be undertaken any activities on adjacent public lands

which would impair the water quality of the Rapid River segment; Provided further, That the

Secretary is authorized to make such minor boundary revisions in the corridors, as he deems

necessary for the provision of such facilities as are permitted under the applicable provisions

of the Wild and Scenic Rivers Act (82 Stat. 906). 1For related provisions regarding paragraph (14), see the item in this compilation entitled

‘‘Missouri Breaks, Montana, Segment’’.

retary of the Interior; and (ii) That the lower twenty-five miles

shall be designated by the Secretary upon his approval of an application for such designation made by the Governors of the States of

Minnesota and Wisconsin.

(10) CHATTOOGA, NORTH CAROLINA, SOUTH CAROLINA, GEORGIA.—The Segment from 0.8 mile below Cashiers Lake in North

Carolina to Tugaloo Reservoir, and the West Fork Chattooga River

from its junction with Chattooga upstream 7.3 miles, as generally

depicted on the boundary map entitled ‘‘Proposed Wild and Scenic

Chattooga River and Corridor Boundary,’’ dated August 1973; to be

administered by the Secretary of Agriculture: Provided, That the

Secretary of Agriculture shall take such action as is provided for

under subsection (b) of this section within one year from the date

of enactment of this paragraph (10); Provided further, That for the

purposes of this river, there are authorized to be appropriated not

more than $5,200,000 for the acquisition of lands and interests in

lands and not more than $809,000 for development.

(11) 2 Rapid River, Idaho.—The segment from the headwaters

of the main stem to the national forest boundary and the segment

of the West Fork from the wilderness boundary downstream to the

confluence with the main stem, as a wild river.

(12) Snake, Idaho and Oregon.—The segment from Hells Canyon Dam downstream to Pittsburgh Landing, as a wild river; and

the segment from Pittsburgh Landing downstream to an eastward

extension of the north boundary of section 1, township 5 north,

range 47 east, Willamette meridian, as a scenic river.

(13) FLATHEAD, MONTANA.—The North Fork from the Canadian border downstream to its confluence with the Middle Fork; the

Middle Fork from its headwaters to its confluence to the South

Fork; and the South Fork from its origin to the Hungry Horse Reservoir, as generally depicted on the map entitled ‘‘Proposed Flathead Wild and Scenic River Boundary Location’’ dated February

1976; to be administered by agencies of the Departments of the Interior and Agriculture as agreed upon by the Secretaries of such

Departments or as directed by the President. Action required to be

taken under subsection (b) of this section shall be taken within one

year from the date of enactment of this paragraph. For the purposes of this river, there are authorized to be appropriated not

more than $6,719,000 for the acquisition of lands and interests in

lands. No funds authorized to be appropriated pursuant to this

paragraph shall be available prior to October 1, 1977.

(14) 1 MISSOURI, MONTANA.—The segment from Fort Benton

one hundred and forty-nine miles downstream to Robinson Bridge,
1–7 Sec. 3 WILD AND SCENIC RIVERS ACT

as generally depicted on the boundary map entitled ‘‘Missouri

Breaks Freeflowing River Proposal’’, dated October 1975, to be administered by the Secretary of the Interior. For the purposes of this

river, there are authorized to be appropriated not more than

$1,800,000 for the acquisition of lands and interests in lands. No

funds authorized to be appropriated pursuant to this paragraph

shall be available prior to October 1, 1977.

(15) OBED, TENNESSEE.—The segment from the western edge of

the Catoosa Wildlife Management Area to the confluence with the

Emory River; Clear Creek from the Morgan County line to the confluence with the Obed River, Daddys Creek from the Morgan County line to the confluence with the Obed River; and the Emory River

from the confluence with the Obed River to the Nemo bridge as

generally depicted and classified on the stream classification map

dated December 1973. The Secretary of the Interior shall take such

action, with the participation of the State of Tennessee as is provided for under subsection (b) within one year following the date

of enactment of this paragraph. The development plan required by

such subsection (b) shall include cooperative agreements between

the State of Tennessee acting through the Wildlife Resources Agency and the Secretary of the Interior. Lands within the Wild and

Scenic River boundaries that are currently part of the Catoosa

Wildlife Management Area shall continue to be owned and managed by the Tennessee Wildlife Resources Agency in such a way as

to protect the wildlife resources and primitive character of the

area, and without further development of roads, campsites, or associated recreational facilities unless deemed necessary by that agency for wildlife management practices. The Obed Wild and Scenic

River shall be managed by the Secretary of the Interior. For the

purposes of carrying out the provisions of this Act with respect to

this river, there are authorized to be appropriated such sums as

may be necessary, but not to exceed $2,000,000 for the acquisition

of lands or interests in lands and not to exceed $400,000 for development. No funds authorized to be appropriated pursuant to this

paragraph shall be available prior to October 1, 1977.

(16) PERE MARQUETTE, MICHIGAN.—The segment downstream

from the junction of the Middle and Little South Branches to its

junction with United States Highway 31 as generally depicted on

the boundary map entitled ‘‘Proposed Boundary Location, Pere

Marquette Wild and Scenic River,’’; to be administered by the Secretary of Agriculture. After consultation with State and local governments and the interested public, the Secretary shall take such

action as is provided for under subsection (b) with respect to the

segment referred to in this paragraph within one year from the

date of enactment of this paragraph. Any development or management plan prepared pursuant to subsection (b) shall include (a)

provisions for the dissemination of information to river users and

(b) such regulations relating to the recreational and other uses of

the river as may be necessary in order to protect the area comprising such river (including lands contiguous or adjacent thereto)

from damage or destruction by reason of overuse and to protect its

scenic, historic, esthetic and scientific values. Such regulations

shall further contain procedures and means which shall be utilized

in the enforcement of such development and management plan. For

the purposes of carrying out the provisions of this Act with respect
Sec. 3 WILD AND SCENIC RIVERS ACT 1–8

to the river designated by this paragraph, there are authorized to

be appropriated not more than $8,125,000 for the acquisition of

lands or interests in lands and $402,000 for development. Notwithstanding any other provision of this Act, the installation and operation of facilities or other activities within or outside the boundaries of the Pere Marquette Wild and Scenic River for the control

of the lamprey eel shall be permitted subject to such restrictions

and conditions as the Secretary of Agriculture may prescribe for

the protection of water quality and other values of the river, including the wild and scenic characteristics of the river.

(17) RIO GRANDE, TEXAS.—The segment on the United States

side of the river from river mile 842.3 above Mariscal Canyon

downstream to river mile 651.1 at the Terrell-Val Verde County

line; to be administered by the Secretary of the Interior. The Secretary shall, within two years after the date of enactment of this

paragraph, take such action with respect to the segment referred

to in this paragraph as is provided for under subsection (b). The

action required by such subsection (b) shall be undertaken by the

Secretary, after consultation with the United States Commissioner,

International Boundary and Water Commission, United States and

Mexico, and appropriate officials of the State of Texas and its political subdivisions. The development plan required by subsection (b)

shall be construed to be a general management plan only for the

United States side of the river and such plan shall include, but not

be limited to, the establishment of a detailed boundary which shall

include an average of not more than 160 acres per mile. Nothing

in this Act shall be construed to be in conflict with— (A) the commitments or agreements of the United States

made by or in pursuance of the treaty between the United

States and Mexico regarding the utilization of the Colorado

and Tijuana Rivers and of the Rio Grande, signed at Washington, February 1944 (59 Stat. 1219), or

(B) the treaty between the United States and Mexico regarding maintenance of the Rio Grande and Colorado River as

the international boundary between the United States and

Mexico, signed November 23, 1970.

For purposes of carrying out the provisions of this Act with respect

to the river designated by this paragraph, there are authorized to

be appropriated such sums as may be necessary, but not more than

$1,650,000 for the acquisition of lands and interests in lands and

not more than $1,800,000 for development.

(18) SKAGIT, WASHINGTON.—The segment from the pipeline

crossing at Sedro-Woolley upstream to and including the mouth of

Bacon Creek; the Cascade River from its mouth to the junction of

its North and South Forks; the South Fork to the boundary of the

Glacier Peak Wilderness Area; the Suiattle River from its mouth

to the boundary of the Glacier Peak Wilderness Area at Milk

Creek; the Sauk River from its mouth to its junction with Elliott

Creek; the North Fork of the Sauk River from its junction with the

South Fork of the Sauk to the boundary of the Glacier Peak Wilderness Area; as generally depicted on the boundary map entitled

‘‘Skagit River—River Area Boundary’’; all segments to be administered by the Secretary of Agriculture. Riprapping related to natural

channels with natural rock along the shorelines of the Skagit segment to preserve and protect agricultural land shall not be consid-
1–9 Sec. 3 WILD AND SCENIC RIVERS ACT

1For related provisions regarding paragraph (19), see the item in this compilation entitled

‘‘Upper Delaware Segment’’.

ered inconsistent with the values for which such segment is designated. After consultation with affected Federal agencies, State

and local government and the interested public, the Secretary shall

take such action as is provided for under subsection (b) with respect to the segments referred to in this paragraph within one year

from the date of enactment of this paragraph; as part of such action, the Secretary of Agriculture shall investigate that portion of

the North Fork of the Cascade River from its confluence with the

South Fork to the boundary of the North Cascades National Park

and if such portion is found to qualify for inclusion, it shall be

treated as a component of the Wild and Scenic Rivers System designated under this section upon publication by the Secretary of notification to that effect in the Federal Register. For the purposes

of carrying out the provisions of this Act with respect to the river

designated by this paragraph there are authorized to be appropriated not more than $11,734,000 for the acquisition of lands or

interest in lands and not more than $332,000 for development.

(19) 1 UPPER DELAWARE RIVER, NEW YORK AND PENNSYLVANIA.—The segment of the Upper Delaware River from the confluence of the East and West branches below Hancock, New York,

to the existing railroad bridge immediately downstream of Cherry

Island in the vicinity of Sparrow Bush, New York, as depicted on

the boundary map entitled ‘‘The Upper Delaware Scenic and Recreational River’’, dated April 1978; to be administered by the Secretary of the Interior. Subsection (b) of this section shall not apply,

and the boundaries and classifications of the river shall be as specified on the map referred to in the preceding sentence, except to the

extent that such boundaries or classifications are modified pursuant to section 704(c) of the National Parks and Recreation Act of

1978. Such boundaries and classifications shall be published in the

Federal Register and shall not become effective until ninety days

after they have been forwarded 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. For purposes of carrying out the provisions of this Act with

respect to the river designated by this paragraph there are authorized to be appropriated such sums as may be necessary.

(20) DELAWARE, NEW YORK, PENNSYLVANIA, AND NEW JERSEY.—The segment from the point where the river crosses the

northern boundary of the Delaware Water Gap National Recreation

Area to the point where the river crosses the southern boundary

of such recreation area; to be administered by the Secretary of the

Interior. For purposes of carrying out this Act with respect to the

river designated by this paragraph, there are authorized to be appropriated such sums as may be necessary. Action required to be

taken under subsection (b) of this section with respect to such segment shall be taken within one year from the date of enactment

of this paragraph, except that, with respect to such segment, in lieu

of the boundaries provided for in such subsection (b), the boundaries shall be the banks of the river. Any visitors facilities established for purposes of use and enjoyment of the river under the authority of the Act establishing the Delaware Water Gap National
Sec. 3 WILD AND SCENIC RIVERS ACT 1–10

Recreation Area shall be compatible with the purposes of this Act

and shall be located at an appropriate distance from the river.

(21) AMERICAN, CALIFORNIA.—The North Fork from a point 0.3

mile above Heath Springs downstream to a point approximately

1,000 feet upstream of the Colfax-Iowa Hill Bridge, including the

Gold Run Addition Area, as generally depicted on the map entitled

‘‘Proposed Boundary Maps’’ contained in Appendix I of the document dated January 1978 and entitled ‘‘A Proposal: North Fork

American Wild and Scenic River’’ published by the United States

Forest Service, Department of Agriculture; to be designated as a

wild river and to be administered by agencies of the Departments

of Interior and Agriculture as agreed upon by the Secretaries of

such Departments or as directed by the President. Action required

to be taken under subsection (b) shall be taken within one year

after the date of the enactment of this paragraph; in applying such

subsection (b) in the case of the Gold Run Addition Area, the acreage limitation specified therein shall not apply and in applying section 6(g)(3), January 1 of the calendar year preceding the calendar

year in which this paragraph is enacted shall be substituted for

January 1, 1967. For purposes of carrying out the provisions of this

Act with respect to the river designated by this paragraph, there

are authorized to be appropriated not more than $850,000 for the

acquisition of lands and interests in land and not more than

$765,000 for development.

(22) MISSOURI RIVER, NEBRASKA, SOUTH DAKOTA.—The segment from Gavins Point Dam, South Dakota, fifty-nine miles downstream to Ponca State Park, Nebraska, as generally depicted in the

document entitled ‘‘Review Report for Water Resources Development, South Dakota, Nebraska, North Dakota, Montana,’’ prepared

by the Division Engineer, Missouri River Division, Corps of Engineers, dated August 1977 (hereinafter in this paragraph referred to

as the ‘‘August 1977 Report’’). Such segment shall be administered

as a recreational river by the Secretary. The Secretary shall enter

into a written cooperative agreement with the Secretary of the

Army (acting through the Chief of Engineers) for construction and

maintenance of bank stabilization work and appropriate recreational development. After public notice and consultation with

the State and local governments, other interested organizations

and associations, and the interested public, the Secretary shall

take such action, as is required pursuant to subsection (b) within

one year from the date of enactment of this section. In administering such river, the Secretary shall, to the extent, and in a

manner, consistent with this section—

(A) provide (i) for the construction by the United States of

such recreation river features and streambank stabilization

structures as the Secretary of the Army (acting through the

Chief of Engineers) deems necessary and advisable in connection with the segment designated by this paragraph, and (ii)

for the operation and maintenance of all streambank stabilization structures constructed in connection with such segment

(including both structures constructed before the date of enactment of this paragraph and structures constructed after such

date, and including both structures constructed under the authority of this section and structures constructed under the authority of any other Act); and
1–11 Sec. 3 WILD AND SCENIC RIVERS ACT

(B) permit access for such pumping and associated pipelines as may be necessary to assure an adequate supply of

water for owners of land adjacent to such segment and for fish,

wildlife, and recreational uses outside the river corridor established pursuant to this paragraph.

The streambank structures to be constructed and maintained

under subparagraph (A) shall include, but not be limited to, structures at such sites as are specified with respect to such segment

on pages 62 and 63 of the August 1977 Report, except that sites

for such structures may be relocated to the extent deemed necessary by the Secretary of the Army (acting through the Chief of

Engineers) by reason of physical changes in the river or river area.

The Secretary of the Army (acting through the Chief of Engineers)

shall condition the construction or maintenance of any streambank

stabilization structure or of any recreational river feature at any

site under subparagraph (A)(i) upon the availability to the United

States of such land and interests in land in such ownership as he

deems necessary to carry out such construction or maintenance and

to protect and enhance the river in accordance with the purposes

of this Act. Administration of the river segment designated by this

paragraph shall be in coordination with, and pursuant to the advice of a Recreational River Advisory Group which shall be established by the Secretary. Such Group may include in its membership, representatives of the affected States and political subdivisions thereof, affected Federal agencies, and such organized private

groups as the Secretary deems desirable. Notwithstanding the authority to the contrary contained in subsection 6(a) of this Act, no

land or interests in land may be acquired without the consent of

the owner: Provided, That not to exceed 5 per centum of the acreage within the designated river boundaries may be acquired in less

than fee title without the consent of the owner, in such instance

of the Secretary’s determination that activities are occurring, or

threatening to occur thereon which constitute serious damage or

threat to the integrity of the river corridor, in accordance with the

values for which this river was designated. For purposes of carrying out the provisions of this Act with respect to the river designated by this paragraph, there are authorized to be appropriated

not to exceed $21,000,000, for acquisition of lands and interests in

lands and for development.

(23) SAINT JOE, IDAHO.—The segment above the confluence of

the North Fork of the Saint Joe River to Spruce Tree Campground,

as a recreational river; the segment above Spruce Tree Campground to Saint Joe Lake, as a wild river, as generally depicted on

the map entitled ‘‘Saint Joe River Corridor Map’’ on file with the

Chief of the Forest Service and dated September 1978; to be administered by the Secretary of Agriculture. Notwithstanding any

other provision of law, the classification of the Saint Joe River

under this paragraph and the subsequent development plan for the

river prepared by the Secretary of Agriculture shall at no time

interfere with or restrict the maintenance, use, or access to existing

or future roads within the adjacent lands nor interfere with or restrict present use of or future construction of bridges across that

portion of the Saint Joe designated as a ‘‘recreational river’’ under

this paragraph. Dredge or placer mining shall be prohibited within

the banks or beds of the main stem of the Saint Joe and its tribu-
Sec. 3 WILD AND SCENIC RIVERS ACT 1–12

1Paragraph (24) was added by subsection (a) of section 9 of the Central Idaho Wilderness Act

of 1980 (Public Law 96–312; 94 Stat. 953). Subsection (b) of such section 9 provides as follows:

(b) That segment of the main Salmon River designated as a component of the Wild and Scenic

Rivers System by this Act, which lies within the River of No Return Wilderness or the GospelHump Wilderness designated by Public Law 95–237, shall be managed under the provisions of

the Wild and Scenic Rivers Act, as amended, and the regulations promulgated pursuant thereto,

notwithstanding section 10(b) of the Wild and Scenic Rivers Act or any provisions of the Wilderness Act to the contrary.

tary streams in their entirety above the confluence of the main

stem with the North Fork of the river. Nothing in this Act shall

be deemed to prohibit the removal of sand and gravel above the

high water mark of the Saint Joe River and its tributaries within

the river corridor by or under the authority of any public body or

its agents for the purposes of construction or maintenance of roads.

The Secretary shall take such action as is required under subsection (b) of this section within one year from the date of enactment of this paragraph. For the purposes of this river, there are

authorized to be appropriated not more than $1,000,000 for the acquisition of lands or interest in lands.

(24) 1(A) SALMON, IDAHO.—The segment of the main river from

the mouth of the North Fork of the Salmon River downstream to

Long Tom Bar in the following classes:

(i) the forty-six-mile segment from the mouth of the North

Fork of the Salmon River to Corn Creek as a recreational river;

and

(ii) the seventy-nine-mile segment from Corn Creek to

Long Tom Bar as a wild river; all as generally depicted on a

map entitled ‘‘Salmon River’’ dated November 1979, which is

on file and available for public inspection in the Office of the

Chief, Forest Service, United States Department of Agriculture.

(B) This segment shall be administered by the Secretary of Agriculture: Provided, That after consultation with State and local

governments and the interested public, the Secretary shall take

such action as is required by subsection (b) of this section within

one year from the date of enactment of this paragraph.

(C) The use of motorboats (including motorized jetboats) within

this segment of the Salmon River shall be permitted to continue at

a level not less than the level of use which occurred during calendar year 1978.

(D) Subject to existing rights of the State of Idaho, including

the right of access, with respect to the beds of navigable streams,

tributaries or rivers, dredge and placer mining in any form including any use of machinery for the removal of sand and gravel for

mining purposes shall be prohibited within the segment of the

Salmon River designated as a component of the Wild and Scenic

Rivers System by this paragraph; within the fifty-three-mile segment of the Salmon River from Hammer Creek downstream to the

confluence of the Snake River; and within the Middle Fork of the

Salmon River; and its tributary streams in their entirety: Provided,

That nothing in this paragraph shall be deemed to prohibit the removal of sand and gravel, outside the boundaries of the River of

No Return Wilderness or the Gospel-Hump Wilderness, above the

high water mark of the Salmon River or the Middle Fork and its

tributaries for the purposes of construction or maintenance of public roads: Provided further, That this paragraph shall not apply to
1–13 Sec. 3 WILD AND SCENIC RIVERS ACT

any written mineral leases approved by the Board of Land Commissioners of the State of Idaho prior to January 1, 1980.

(E) The provisions of section 7(a) of this Act with respect to the

licensing of dams, water conduits, reservoirs, powerhouses, transmission lines or other project works, shall apply to the fifty-threemile segment of the Salmon River from Hammer Creek downstream to the confluence of the Snake River.

(F) For the purposes of the segment of the Salmon River designated as a component of the Wild and Scenic Rivers System by

this paragraph, there is hereby authorized to be appropriated from

the Land and Water Conservation Fund, after October 1, 1980, not

more than $6,200,000 for the acquisition of lands and interests in

lands.

(25) ALAGNAK, ALASKA.—That segment of the main stem and

the major tributary to the Alagnak, the Nonvianuk River, within

Katmai National Preserve; to be administered by the Secretary of

the Interior.

(26) ALATNA, ALASKA.—The main stem within the Gates of the

Arctic National Park; to be administered by the Secretary of the Interior.

(27) ANIAKCHAK, ALASKA.—That portion of the river, including

its major tributaries, Hidden Creek, Mystery Creek, Albert Johnson Creek, and North Fork Aniakchak River, within the Aniakchak

National Monument and National Preserve; to be administered by

the Secretary of the Interior.

(28) CHARLEY, ALASKA.—The entire river, including its major

tributaries, Copper Creek, Bonanza Creek, Hosford Creek, Derwent

Creek, Flat-Orthmer Creek, Crescent Creek, and Moraine Creek,

within the Yukon-Charley Rivers National Preserve; to be administered by the Secretary of the Interior.

(29) CHILIKADROTNA, ALASKA.—That portion of the river within

the Lake Clark National Park and Preserve; to be administered by

the Secretary of the Interior.

(30) JOHN, ALASKA.—That portion of the river within the Gates

of the Arctic National Park; to be administered by the Secretary of

the Interior.

(31) KOBUK, ALASKA.—That portion within the Gates of the

Arctic National Park and Preserve; to be administered by the Secretary of the Interior.

(32) MULCHATNA, ALASKA.—That portion within the Lake

Clark National Park and Preserve; to be administered by the Secretary of the Interior.

(33) NOATAK, ALASKA.—The river from its source in the Gates

of the Arctic National Park to its confluence with the Kelly River

in the Noatak National Preserve; to be administered by the Secretary of the Interior.

(34) NORTH FORK OF THE KOYUKUK, ALASKA.—That portion

within the Gates of the Arctic National Park; to be administered

by the Secretary of the Interior.

(35) SALMON, ALASKA.—That portion within the Kobuk Valley

National Park; to be administered by the Secretary of the Interior.

(36) TINAYGUK, ALASKA.—That portion within the Gates of the

Arctic National Park; to be administered by the Secretary of the Interior.
Sec. 3 WILD AND SCENIC RIVERS ACT 1–14

(37) TLIKAKILA, ALASKA.—That portion within the Lake Clark

National Park; to be administered by the Secretary of the Interior.

(38) ANDREAFSKY, ALASKA.—That portion from its source, including all headwaters, and the East Fork, within the boundary of

the Yukon Delta National Wildlife Refuge; to be administered by

the Secretary of the Interior.

(39) IVISHAK, ALASKA.—That portion from its source, including

all headwaters and an unnamed tributary from Porcupine Lake

within the boundary of the Arctic National Wildlife Range; to be

administered by the Secretary of the Interior.

(40) NOWITNA, ALASKA.—That portion from the point where the

river crosses the west limit of township 18 south, range 22 east,

Kateel River meridian, to its confluence with the Yukon River

within the boundaries of the Nowitna National Wildlife Refuge; to

be administered by the Secretary of the Interior.

(41) SELAWIK, ALASKA.—That portion from a fork of the headwaters in township 12 north, range 10 east, Kateel River meridian

to the confluence of the Kugarak River, within the Selawik National Wildlife Refuge; to be administered by the Secretary of the

Interior.

(42) SHEENJEK, ALASKA.—The segment within the Arctic National Wildlife Refuge; to be administered by the Secretary of the

Interior.

(43) WIND, ALASKA.—That portion from its source, including all

headwaters and one unnamed tributary in township 13 south,

within the boundaries of the Arctic National Wildlife Refuge; to be

administered by the Secretary of the Interior.

(44) ALAGNAK, ALASKA.—Those segments or portions of the

main stem and Nonvianuk tributary lying outside and westward of

the Katmai National Park/Preserve and running to the west boundary of township 13 south, range 43 west; to be administered by the

Secretary of the Interior.

(45) BEAVER CREEK, ALASKA.—The segment of the main stem

from the vicinity of the confluence of the Bear and Champion

Creeks downstream to its exit from the northeast corner of township 12 north, range 6 east, Fairbanks meridian within the White

Mountains National Recreation Area, and the Yukon Flats National Wildlife Refuge, to be administered by the Secretary of the

Interior.

(46) BIRCH CREEK, ALASKA.—The segment of the main stem

from the south side of Steese Highway in township 7 north, range

10 east, Fairbanks meridian, downstream to the south side of the

Steese Highway in township 10 north, range 16 east; to be administered by the Secretary of the Interior.

(47) DELTA, ALASKA.—The segment from and including all of

the Tangle Lakes to a point one-half mile north of Black Rapids;

to be administered by the Secretary of the Interior.

(48) FORTYMILE, ALASKA.—The main stem within the State of

Alaska; O’Brien Creek; South Fork; Napoleon Creek, Franklin

Creek, Uhler Creek, Walker Fork downstream from the confluence

of Liberty Creek; Wade Creek; Mosquito Fork downstream from the

vicinity of Kechumstuk; West Fork Dennison Fork downstream

from the confluence of Logging Cabin Creek; Dennison Fork downstream from the confluence of West Fork Dennison Fork; Logging

Cabin Creek; North Fork; Hutchison Creek; Champion Creek; the
1–15 Sec. 3 WILD AND SCENIC RIVERS ACT

Middle Fork downstream from the confluence of Joseph Creek; and

Joseph Creek; to be administered by the Secretary of the Interior.

(49) GULKANA, ALASKA.—The main stem from the outlet of

Paxson Lake in township 12 north, range 2 west, Copper River meridian to the confluence with Sourdough Creek; the south branch

of the west fork from the outlet of an unnamed lake in sections 10

and 15, township 10 north, range 7 west, Copper River meridian

to the confluence with the west fork; the north branch from the

outlet of two unnamed lakes, one in sections 24 and 25, the second

in sections 9 and 10, township 11 north, range 8 west, Copper

River meridian to the confluence with the west fork; the west fork

from its confluence with the north and south branches downstream

to its confluence with the main stem; the middle fork from the outlet of Dickey Lake in township 13 north, range 5 west, Copper

River meridian to the confluence with the main stem; to be classified as a wild river area and to be administered by the Secretary

of the Interior.

(50) UNALAKLEET, ALASKA.—The segment of the main stem

from the headwaters in township 12 south, range 3 west, Kateel

River meridian extending downstream approximately 65 miles to

the western boundary of township 18 south, range 8 west; to be administered by the Secretary of the Interior.

(51) VERDE, ARIZONA.—The segment from the boundary between national forest and private land in sections 26 and 27, township 13 north, range 5 east, Gila Salt River meridian, downstream

to the confluence with Red Creek, as generally depicted on a map

entitled ‘‘Verde River—Wild and Scenic River’’, dated March 1984,

which is on file and available for public inspection in the Office of

the Chief, Forest Service, United States Department of Agriculture;

to be administered by the Secretary of Agriculture. This designation shall not prevent water users receiving Central Arizona

Project water allocations from diverting that water through an exchange agreement with downstream water users in accordance

with Arizona water law. After consultation with State and local

governments and the interested public and within two years after

the date of enactment of this paragraph, the Secretary shall take

such action as is required under subsection (b) of this section.

(52) AU SABLE, MICHIGAN.—The segment of the main stem

from the project boundary of the Mio Pond project downstream to

the project boundary at Alcona Pond project as generally depicted

on a map entitled ‘‘Au Sable River’’ which is on file and available

for public inspection in the Office of the Chief, Forest Service,

United States Department of Agriculture; to be administered by

the Secretary of Agriculture.

(53) TUOLUMNE, CALIFORNIA.—The main river from its sources

on Mount Dana and Mount Lyell in Yosemite National Park to Don

Pedro Reservoir consisting of approximately 83 miles as generally

depicted on the proposed boundary map entitled ‘‘Alternative A’’

contained in the Draft Tuolumne Wild and Scenic River Study and

Environmental Impact Statement published by the United States

Department of the Interior and Department of Agriculture in May

1979; to be administered by the Secretary of the Interior and the

Secretary of Agriculture. After consultation with State and local

governments and the interested public and within two years from

the date of enactment of this paragraph, the Secretary shall take
Sec. 3 WILD AND SCENIC RIVERS ACT 1–16

such action as is required under subsection (b) of this section.

Nothing in this Act shall preclude the licensing, development, operation, or maintenance of water resources facilities on those portions

of the North Fork, Middle Fork or South Fork of the Tuolumne or

Clavey Rivers that are outside the boundary of the wild and scenic

river area as designated in this section. Nothing in this section is

intended or shall be construed to affect any rights, obligations,

privileges, or benefits granted under any prior authority of law including chapter 4 of the Act of December 19, 1913, commonly referred to as the Raker Act (38 Stat. 242) and including any agreement or administrative ruling entered into or made effective before

the enactment of this paragraph. For fiscal years commencing after

September 30, 1985, there are authorized to be appropriated such

sums as may be necessary to implement the provisions of this subsection.

(54) ILLINOIS, OREGON.—The segment from the boundary of the

Siskiyou National Forest downstream to its confluence with the

Rogue River as generally depicted on a map entitled ‘‘Illinois River

Study’’ and is also part of report entitled ‘‘A Proposal: Illinois Wild

and Scenic River,’’ to be administered by the Secretary of Agriculture. After consultation with State and local governments and

the interested public, the Secretary shall take such action as is required under subsection (b) of this section within one year from the

date of enactment of this paragraph. For the purposes of this Act

with respect to the river designated by this paragraph, effective October 1, 1984, there are authorized to be appropriated such sums

as necessary for the acquisition of lands or interests in lands, and

such sums as necessary for development.

(55) OWYHEE, OREGON.—The South Fork from the Idaho-Oregon State line downstream to Three Forks; the Owyhee River from

Three Forks downstream to China Gulch; and the Owyhee River

downstream from Crooked Creek to the Owyhee Reservoir as generally depicted on a map entitled ‘‘Owyhee, Oregon’’ dated April

1984; all three segments to be administered as a wild river by the

Secretary of the Interior. After consultation with State and local

governments and the interested public, the Secretary shall take

such appropriate action as is required under subsection (b) of this

section within one year from the date of enactment of this paragraph. For the purposes of this Act with respect to the river designated by this paragraph, effective October 1, 1984, there are authorized to be appropriated such sums as necessary for the acquisition of lands or interests and such sums as necessary for development.

(56) HORSEPASTURE, NORTH CAROLINA.—The segment from

Bohaynee Road (N.C. 281) downstream approximately 4.25 miles to

where the segment ends at Lake Jocassee, to be administered by

the Secretary of Agriculture. Notwithstanding any limitation of section 6 of this Act, the Secretary is authorized to utilize the authority of this Act and those pertaining to the National Forests to acquire by purchase with donated or appropriated funds, donation,

exchange or otherwise, such non-Federal lands or interests in lands

within, near, or adjacent to the designated segments of the river

which the Secretary determines will protect or enhance the scenic

and natural values of the river.
1–17 Sec. 3 WILD AND SCENIC RIVERS ACT

1For a related provision regarding paragraph (57), see the item in this compilation entitled ‘‘Cache la Poudre, Colorado, Segment’’. 2The references in subparagraphs (C) and (D) of paragraph (57) to ‘‘Commanche Peak’’ should

be ‘‘Comanche Peak’’. See section 102(a)(4) of Public Law 96–560 (94 Stat. 3266; 16 U.S.C. 1132

note).

(57) 1 CACHE LA POUDRE, COLORADO.—The following segments

as generally depicted on the proposed boundary map numbered

FS–56 and dated March 1986, published by the United States Department of Agriculture, each to be administered by the Secretary

of Agriculture; except that those portions of the segments so designated which are within the boundary of Rocky Mountain National Park shall continue to be administered by the Secretary of

the Interior:

(A) Beginning at Poudre Lake downstream to the confluence of Joe Wright Creek, as a wild river. This segment to

be designated the ‘‘Peter H. Dominick Wild River Area’’.

(B) Downstream from the confluence of Joe Wright Creek

to a point where the river intersects the easterly north-south

line of the west half southwest quarter of section 1, township

8 north, range 71 west of the sixth principal meridian, as a

recreational river.

(C) South Fork of the Cache la Poudre River from its

source to the Commanche 2 Peak Wilderness Boundary, approximately four miles, as a wild river.

(D) Beginning at the Commanche Peak Wilderness Boundary to a point on the South Fork of the Cache la Poudre River

in section 1, township 7 north, range 73 west of the sixth principal meridian, at elevation 8050 mean sea level, as a recreational river.

(E) South Fork of the Cache la Poudre River from its intersection with the easterly section line of section 30, township 8

north, range 72 west of the sixth principal meridian, to confluence of the main stem of the Cache la Poudre River, as a

wild river.

With respect to the portions of the river segments designated by

this paragraph which are within the boundaries of Rocky Mountain

National Park, the requirements of subsection (b) of this section

shall be fulfilled by the Secretary of the Interior through appropriate revisions to the general management plan for the park, and

the boundaries, classification, and development plans for such portions need not be published in the Federal Register. Such revisions

to the general management plan for the park shall assure that no

development or use of parklands shall be undertaken that is inconsistent with the designation of such river segments as a wild river.

For the purposes of the segments designated by this paragraph,

there are authorized to be appropriated $500,000 for development

and $2,500,000 for land acquisition.

(58) SALINE BAYOU, LOUISIANA.—The segment from Saline

Lake upstream to the Kisatchie National Forest, as generally depicted on the Proposed Boundary Map, numbered FS–57, and dated

March 1986; to be administered by the Secretary of Agriculture.

For the purposes of the segment designated by this paragraph

there are authorized to be appropriated for fiscal years commencing

after September 30, 1986, not to exceed $1,000,000 for the acquisition of lands and interests in lands and for development.
Sec. 3 WILD AND SCENIC RIVERS ACT 1–18

1The heading used for paragraphs (60) and (61) differ from the style otherwise used in this

subsection.

(59) BLACK CREEK, MISSISSIPPI.—The segment from Fairley

Bridge Landing upstream to Moody’s Landing as generally depicted

on a map entitled ‘‘Black Creek Wild and Scenic River’’, numbered

FS–58 and dated March 1986, to be administered by the Secretary

of Agriculture as a scenic river area under section 2(b)(2). For the

purposes of the segment designated by this paragraph, there are

authorized to be appropriated up to $300,000 for the acquisition of

lands and interests in lands and for development.

(60) Klickitat, Washington: 1 The segment from its confluence

with Wheeler Creek, Washington, near the town of Pitt, Washington, to its confluence with the Columbia River; to be classified

as a recreation river and to be administered by the Secretary of Agriculture. The boundaries of the designated portions of the Klickitat

River shall be as generally depicted on a map dated Novenber,

1987, and entitled ‘‘Klickitat National Recreation River, River Management Area: Final Boundary’’, which is on file in the office of the

Chief, Forest Service, Washington, District of Columbia.

(61) White Salmon, Washington: The segment from its confluence with Gilmer Creek, Washington, near the town of B Z Corner, Washington to its confluence with Buck Creek, Washington; to

be classified as a scenic river and to be administered by the Secretary of Agriculture.

(62) MERCED, CALIFORNIA.—(A) The main stem from its

sources (including Red Peak Fork, Merced Peak Fork, Triple Peak

Fork, and Lyell Fork) on the south side of Mount Lyell in Yosemite

National Park to a point 300 feet upstream of the confluence with

Bear Creek, consisting of approximately 71 miles, and the South

Fork of the river from its source near Triple Divide Peak in Yosemite National Park to the confluence with the main stem, consisting

of approximately 43 miles, both as generally depicted on the map

entitled ‘‘Merced River Wild and Scenic Rivers—Proposed’’, dated

June 1987, to be administered by the Secretary of Agriculture and

the Secretary of the Interior. With respect to the portions of the

river designated by this subparagraph which are within the boundaries of Yosemite National Park, and the El Portal Administrative

Unit, the requirements of subsection (b) of this section shall be fulfilled by the Secretary of the Interior through appropriate revisions

to the general management plan for the park, and the boundaries,

classification, and development plans for such portions need not be

published in the Federal Register. Such revisions to the general

management plan for the park shall assure that no development or

use of park lands shall be undertaken that is inconsistent with the

designation of such river segments. There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this subparagraph, except that no more than $235,000

may be appropriated to the Secretary of Agriculture for the acquisition of lands and interests in lands.

(B)(i) The main stem from a point 300 feet upstream of the

confluence with Bear Creek downstream to the normal maximum

operating pool water surface level of Lake McClure (elevation 867

feet mean sea level) consisting of approximately 8 miles, as generally depicted on the map entitled ‘‘Merced Wild and Scenic
1–19 Sec. 3 WILD AND SCENIC RIVERS ACT

1 In subparagraph (C) of paragraph (62), the reference should be to ‘‘minerals on’’ rather than

‘‘minerals to’’.

River’’, dated April, 1990. The Secretary of the Interior shall administer the segment as recreational, from a point 300 feet upstream of the confluence with Bear Creek downstream to a point

300 feet west of the boundary of the Mountain King Mine, and as

wild, from a point 300 feet west of the boundary of the Mountain

King Mine to the normal maximum operating pool water surface

level of Lake McClure. The requirements of subsection (b) of this

section shall be fulfilled by the Secretary of the Interior through

appropriate revisions to the Sierra Management Framework Plan

for the Sierra Planning Area of the Folsom Resource Area, Bakersfield District, Bureau of Land Management. There are authorized

to be appropriated such sums as may be necessary to carry out the

purposes of this subparagraph.

(ii) To the extent permitted by, and in a manner consistent

with section 7 of this Act (16 U.S.C. 1278), and in accordance with

other applicable law, the Secretary of the Interior shall permit the

construction and operation of such pumping facilities and associated pipelines as identified in the Bureau of Land Management

right-of-way application CACA 26084, filed by the Mariposa County

Water Agency on November 7, 1989, and known as the ‘‘Saxon

Creek Project’’, to assure an adequate supply of water from the

Merced River to Mariposa County.

(C) With respect to the segments of the main stem of the

Merced River and the South Fork Merced River designated as recreational or scenic pursuant to this paragraph or by the appropriate agency pursuant to subsection (b), the minerals to 1 Federal

lands which constitute the bed or bank or are situated within onequarter mile of the bank are hereby withdrawn, subject to valid existing rights, from all forms of appropriation under the mining laws

and from operation of the mineral leasing laws including, in both

cases, amendments thereto.

(63) KINGS, CALIFORNIA.—The Middle Fork of the Kings River

from its headwaters at Lake Helen between Muir Pass and Black

Giant Mountain to its confluence with the main stem; the South

Fork, Kings River from its headwaters at Lake 11599 to its confluence with the main stem; and the main stem of the Kings River

from the confluence of the Middle Fork and the South Fork to the

point at elevation 1,595 feet above mean sea level. The segments

within the Kings Canyon National Park shall be administered by

the Secretary of the Interior. The remaining segments shall be administered by the Secretary of Agriculture. After consultation with

State and local governments and the interested public and within

one year after the enactment of this paragraph, the respective Secretaries shall take such action as is required under subsection (b)

of this section. In the case of the segments of the river administered by the Secretary of the Interior, the requirements of subsection (b) shall be fulfilled through appropriate revisions to the

general management plan for Kings Canyon National Park, and

the boundaries, classification, and development plans for such segments need not be published in the Federal Register. Such revisions to the general management plan for the park shall assure

that no development or use of park lands shall be undertaken that
Sec. 3 WILD AND SCENIC RIVERS ACT 1–20

is inconsistent with the designation of the river under this paragraph. For the purposes of the segments designated by this paragraph, there are authorized to be appropriated such sums as may

be necessary, but not to exceed $250,000, to the Secretary of Agriculture for development and land acquisition.

(64)(A) NORTH FORK KERN RIVER, CALIFORNIA.—The segment

of the main stem from the Tulare-Kern County line to its headwaters in Sequoia National Park, as generally depicted on a map

entitled ‘‘Kern River Wild and Scenic River—Proposed’’ and dated

June, 1987; to be administered by the Secretary of Agriculture; except that portion of the river within the boundaries of the Sequoia

National Park shall be administered by the Secretary of the Interior. With respect to the portion of the river segment designated by

this paragraph which is within the boundaries of Sequoia National

Park, the requirements of subsection (b) of this section shall be fulfilled by the Secretary of the Interior through appropriate revisions

to the general management plan for the park, and the boundaries,

classification, and development plans for such portion need not be

published in the Federal Register. Such revision to the general

management plan for the park shall assure that no developments

or use of park lands shall be undertaken that is inconsistent with

the designation of such river segment.

(B) SOUTH FORK KERN RIVER, CALIFORNIA.—The segment from

its headwaters in the Inyo National Forest to the southern boundary of the Domelands Wilderness in the Sequoia National Forest,

as generally depicted on a map entitled ‘‘Kern River Wild and Scenic River—Proposed’’ and dated June 1987; to be administered by

the Secretary of Agriculture.

(C) Nothing in this Act shall affect the continued operation and

maintenance of the existing diversion project, owned by Southern

California Edison on the North Fork of the Kern River, including

reconstruction or replacement of facilities to the same extent as existed on the date of enactment of this paragraph.

(D) For the purposes of the segments designated by this paragraph, there are authorized to be appropriated such sums as may

be necessary, but not to exceed $100,000, to the Secretary of Agriculture for development and land acquisition.

(65) BLUESTONE, WEST VIRGINIA.—The segment in Mercer and

Summers Counties, West Virginia, from a point approximately two

miles upstream of the Summers and Mercer County line down to

the maximum summer pool elevation (one thousand four hundred

and ten feet above mean sea level) of Bluestone Lake as depicted

on the boundary map entitled ‘‘Bluestone Wild and Scenic River’’,

numbered BLUE–80,005, dated May 1996; to be administered by

the Secretary of the Interior as a scenic river. In carrying out the

requirements of subsection (b) of this section, the Secretary shall

consult with State and local governments and the interested public.

The Secretary shall not be required to establish detailed boundaries of the river as provided under subsection (b) of this section.

Nothing in this Act shall preclude the improvement of any existing

road or right-of-way within the boundaries of the segment designated under this paragraph. Jurisdiction over all lands and improvements on such lands owned by the United States within the

boundaries of the segment designated under this paragraph is

hereby transferred without reimbursement to the administrative
1–21 Sec. 3 WILD AND SCENIC RIVERS ACT

jurisdiction of the Secretary of the Interior, subject to leases in effect on the date of enactment of this paragraph (or renewed thereafter) between the United States and the State of West Virginia

with respect to the Bluestone State Park and the Bluestone Public

Hunting and Fishing Area. Nothing in this Act shall affect the

management by the State of hunting and fishing within the segment designated under this paragraph. Nothing in this Act shall

affect or impair the management by the State of West Virginia of

other wildlife activities in the Bluestone Public Hunting and Fishing Area to the extent permitted in the lease agreement as in effect

on the enactment of this paragraph, and such management may be

continued pursuant to renewal of such lease agreement. If requested to do so by the State of West Virginia, the Secretary may

terminate such leases and assume administrative authority over

the areas concerned. Nothing in the designation of the segment referred to in this paragraph shall affect or impair the management

of the Bluestone project or the authority of any department, agency, or instrumentality of the United States to carry out the project

purposes of that project as of the date of enactment of this paragraph. Nothing in this Act shall be construed to affect the continuation of studies relating to such project which were commenced before the enactment of this paragraph. In order to provide reasonable public access and vehicle parking for public use and enjoyment

of the river designated by this paragraph, consistent with the preservation and enhancement of the natural and scenic values of such

river, the Secretary may, with the consent of the owner thereof, negotiate a memorandum of understanding or cooperative agreement,

or acquire not more than 10 acres of lands or interests in such

lands, or both, as may be necessary to allow public access to the

Bluestone River and to provide, outside the boundary of the scenic

river, parking and related facilities in the vicinity of the area

known as Eads Mill.

(66)(A) SIPSEY FORK OF THE WEST FORK, ALABAMA.—Segments

of the Sipsey Fork and several tributaries; to be administered by

the Secretary of Agriculture in the classifications indicated, as follows:

(1) Sipsey Fork from the confluence of Sandy Creek upstream to Forest Highway 26, as a scenic river; and

(2) Sipsey Fork from Forest Highway 26 upstream to it origin at the confluence of Thompson Creek and Hubbard Creek,

as a wild river; and

(3) Hubbard Creek from its confluence with Thompson

Creek upstream to Forest Road 210, as a wild river; and

(4) Thompson Creek from its confluence with Hubbard

Creek upstream to its origin in section 4, township 8 south,

range 9 west, as a wild river; and

(5) Tedford Creek from its confluence with Thompson

Creek upstream to section 17, township 8 south, range 9 west,

as a wild river; and

(6) Mattox Creek from it confluence with Thompson Creek

upstream to section 36 of township 7 south, range 9 west, as

a wild river; and

(7) Borden Creek from its confluence with the Sipsey Fork

upstream to Forest Road 208, as a wild river; and
Sec. 3 WILD AND SCENIC RIVERS ACT 1–22

(8) Borden Creek from Forest Road 208 upstream to its

confluence with Montgomery Creek, as a scenic river; and

(9) Montgomery Creek from its confluence with Borden

Creek upstream to the southwest quarter of the southwest

quarter of section 36, township 7 south, range 8 west, as a scenic river; and

(10) Flannigan Creek from its confluence with Borden

Creek upstream to Forest Road 208, as a wild river; and

(11) Flannigan Creek from Forest Road 208 upstream to

section 4, township 8 south, range 8 west, as a scenic river;

and

(12) Braziel Creek from its confluence with Borden Creek

upstream to section 12, township 8 south, range 9 west, as a

wild river; and

(13) Hogood Creek from its confluence with Braziel Creek

upstream to the confluence with an unnamed tributary in section 7, township 8 south, range 8 west, as a wild river.

(B) A map entitled ‘‘Sipsey Fork of the West Fork Wild and

Scenic River’’, generally depicting the Sipsey Fork and the tributaries, shall be on file and remain available for public inspections

in the office of the Chief of the Forest Service, Department of Agriculture.

(67) WILDCAT RIVER, NEW HAMPSHIRE.—(A) A 14.51 mile segment including the following tributaries: Wildcat Brook, Bog Brook,

and Great Brook (all as generally depicted on a map entitled ‘‘Wildcat River’’, dated October 1987) to be administered as follows: those

segments of the Wildcat River and its tributaries located within the

boundary of the White Mountain National Forest (hereinafter in

this paragraph referred to as ‘‘the forest’’) shall be administered by

the Secretary of Agriculture (hereinafter in this paragraph referred

to as the ‘‘Secretary’’); those segments located outside the boundary

of the forest shall be administered by the Secretary through a cooperative agreement with the Board of Selectmen of the town of Jackson and the State of New Hampshire pursuant to section 10(e) of

this Act. Such agreement shall provide for the long-term protection,

preservation, and enhancement of the river segments located outside the boundary of the forest and shall be consistent with the

comprehensive management plan to be prepared by the Secretary

pursuant to section 3(d) of this Act and with the July 1987 River

Conservation Plan prepared by the Wildcat Brook Advisory Committee in conjunction with the National Park Service.

(B)(i) To assist in the implementation of this paragraph, the

Secretary shall establish, within 3 months after the date of enactment of this subparagraph, a Wildcat River Advisory Commission

(hereinafter in this paragraph referred to as the ‘‘Commission’’).

(ii) The Commission shall be composed of 7 members appointed

by the Secretary as follows: one member from recommendations

submitted by the Governor of the State of New Hampshire; 4 members from recommendations submitted by the Jackson Board of Selectmen, of which at least 2 members shall be riparian property

owners, and at least one member shall be on the Board of Selectmen; one member from recommendations submitted by the Jackson

Conservation Commission; and one member selected by the Secretary. Members of the Commission shall be appointed for terms of

3 years. A vacancy in the Commission shall be filled in the manner
1–23 Sec. 3 WILD AND SCENIC RIVERS ACT

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. Any member of the Commission appointed for a definite term may serve after the expiration of his

term until his successor is appointed. The Commission shall designate one of its members as Chairman.

(iii) The 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

designation of the segments described in this paragraph. Commission meetings shall be held at locations and in such a manner as

to ensure adequate public involvement.

(iv) 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 paragraph

on vouchers signed by the Chairman.

(v) Four members of the Commission shall constitute a quorum

but a lesser number may hold hearings.

(vi) The Commission shall cease to exist on the date 10 years

after the enactment of this paragraph.

(vii) 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 the Commission.

(C) The authority of the Secretary to acquire lands outside the

boundary of the White Mountain National Forest for purposes of

this paragraph shall be limited to acquisition by donation or acquisition with the consent of the owner thereof. The Secretary may

also acquire scenic easements for purposes of this paragraph as

provided in section 6 of this Act.

(D) There are hereby authorized to be appropriated such sums

as may be necessary to carry out the purposes of this paragraph.

(68) BIG MARSH CREEK, OREGON.—The 15-mile segment from

the northeast quarter of section 15, township 26 south, range 6

east, to its confluence with Crescent Creek in the northeast quarter

of section 20, township 24 south, range 7 east, as a recreational

river; to be administered by the Secretary of Agriculture: Provided,

That nothing in this Act shall prohibit the Secretary from undertaking construction activities to enhance and restore wetland resources associated with Big Marsh Creek.

(69) CHETCO, OREGON.—The 44.5-mile segment from its headwaters to the Siskiyou National Forest boundary; to be administered by the Secretary of Agriculture in the following classes:

(A) The 25.5-mile segment from its headwaters to Boulder

Creek at the Kalmiopsis Wilderness boundary as a wild river;

(B) the 8-mile segment from Boulder Creek to Steel Bridge

as a scenic river; and

(C) the 11-mile segment from Steel Bridge to the Siskiyou

National Forest boundary, one mile below Wilson Creek, as a

recreational river.

(70) CLACKAMAS, OREGON.—The 47-mile segment from Big

Springs to Big Cliff; to be administered by the Secretary of Agriculture in the following classes:

(A) The 4-mile segment from Big Springs to the Forest

Service Road 4690 bridge as a scenic river;
Sec. 3 WILD AND SCENIC RIVERS ACT 1–24

1Subparagraph (D) of paragraph (73) should end with ‘‘; and’’.

(B) the 3.5-mile segment from the Forest Service Road

4690 bridge to the junction with Oregon State Highway 224 as

a recreational river;

(C) the 10.5-mile segment from Oregon State Highway 224

to the June Creek Bridge as a scenic river;

(D) the 9-mile segment from June Creek Bridge to Tar

Creek as a recreational river;

(E) the 5.5-mile segment from Tar Creek to just south of

Indian Henry Campground as a scenic river; and

(F) the 14.5-mile segment just south of Indian Henry

Campground to Big Cliff as a recreational river.

(71) CRESCENT CREEK, OREGON.—The 10-mile segment from

the southwest quarter of section 11, township 24 south, range 6

east, to the west section line of section 13, township 24 south,

range 7 east, as a recreational river; to be administered by the Secretary of Agriculture.

(72) CROOKED, OREGON.—The 15-mile segment from the National Grassland boundary to Dry Creek; to be administered by the

Secretary of the Interior in the following classes:

(A) The 7-mile segment from the National Grassland

boundary to River Mile 8 south of Opal Spring as a recreational river; and

(B) the 8-mile segment from Bowman Dam to Dry Creek

as a recreational river.

(73) DESCHUTES, OREGON.—Those portions as follows:

(A) The 40.4-mile segment from Wickiup Dam to northern

boundary of Sunriver at the southwest quarter of section 20,

township 19 south, range 11 east as a recreational river; to be

administered by the Secretary of Agriculture;

(B) the 11-mile segment from the northern boundary of

Sunriver at the southwest quarter of section 20, township 19

south, range 11 east, to Lava Island Camp as a scenic river;

to be administered by the Secretary of Agriculture;

(C) the 3-mile segment from Lava Island Camp to the

Bend Urban Growth Boundary at the southwest corner of section 13, township 18 south, range 11 east, as a recreational

river; to be administered by the Secretary of Agriculture;

(D) the 19-mile segment from Oden Falls to the Upper End

of Lake Billy Chinook as a scenic river; to be administered by

the Secretary of the Interior; 1

(E) the 100-mile segment from the Pelton Reregulating

Dam to its confluence with the Columbia River as a recreational river; to be administered by the Secretary of the Interior through a cooperative management agreement between

the Confederated Tribes of the Warm Springs Reservation, and

the State of Oregon as provided in section 10(e) of this Act and

section 105 of the Omnibus Oregon Wild and Scenic Rivers Act

of 1988.

(74) DONNER UND BLITZEN, OREGON.—Those segments, including its major tributaries, as a wild river; to be administered by the

Secretary of the Interior as follows:
1–25 Sec. 3 WILD AND SCENIC RIVERS ACT

2Subparagraphs (G), (H), and (I) of paragraph (74) were added by subsection (a) of section

301 of the Steens Mountain Cooperative Management and Protection Act of 2000 (Public Law

106–399; 114 Stat. 1667). Subsection (c) of such section 301 provides as follows:

(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 [Steens Mountain] Wilderness Area, the more restrictive requirements shall

apply.

(A) The 16.75-mile segment of the Donner und Blitzen

from its confluence with the South Fork Blitzen and Little

Blitzen.

(B) The 12.5-mile segment of the Little Blitzen from its

headwaters to its confluence with the South Fork Blitzen.

(C) The 16.5-mile segment of the South Fork Blitzen from

its headwaters to its confluence with the South Fork Blitzen.

(D) The 10-mile segment of Big Indian Creek from its

headwaters to its confluence with the South Fork Blitzen.

(E) The 3.7-mile segment of Little Indian Creek from its

headwaters to its confluence with Big Indian Creek.

(F) The 13.25-mile segment of Fish Creek from its headwaters to its confluence with the Donner und Blitzen.

(G) 2 The 5.1 mile segment of Mud Creek from its confluence with an unnamed spring in the SW1⁄4SE1⁄4 of section

32, township 33 south, range 33 east, to its confluence with the

Donner und Blitzen River.

(H) The 8.1 mile segment of Ankle Creek from its headwaters to its confluence with the Donner und Blitzen River.

(I) The 1.6 mile segment of the South Fork of Ankle Creek

from its confluence with an unnamed tributary in the

SE1⁄4SE1⁄4 of section 17, township 34 south, range 33 east, to

its confluence with Ankle Creek.

(75) EAGLE CREEK, OREGON.—The 27-mile segment from its

headwaters below Eagle Lake to the Wallowa-Whitman National

Forest boundary at Skull Creek; to be administered by the Secretary of Agriculture in the following classes:

(A) The 4-mile segment from its headwaters below Eagle

Lake to the Eagle Cap Wilderness boundary at Hummingbird

Mountain as a wild river;

(B) the 15.5-mile segment from the Eagle Cap Wilderness

boundary at Hummingbird Mountain to Paddy Creek as a recreational river;

(C) the 6-mile segment from Paddy Creek to Little Eagle

Creek as a scenic river; and

(D) the 1.5-mile segment from Little Eagle Creek to the

Wallowa-Whitman National Forest boundary as a recreational

river.

(76) ELK, OREGON.—The 19-mile segment to be administered

by the Secretary of Agriculture in the following classes:

(A) The 17-mile segment from the confluence of the North

and South Forks of the Elk to Anvil Creek as a recreational

river; and

(B) the 2-mile segment of the North Fork Elk from the

falls to its confluence with the South Fork as a wild river.

(77) GRANDE RONDE, OREGON.—The 43.8-mile segment from its

confluence with the Wallowa River to the Oregon-Washington State

line in the following classes:
Sec. 3 WILD AND SCENIC RIVERS ACT 1–26

(A) The 1.5-mile segment from its confluence with the

Wallowa River to the Umatilla National Forest boundary in

section 11, township 3 north, range 40 east, as a recreational

river; to be administered by the Secretary of Agriculture;

(B) the 17.4-mile segment from the Umatilla National Forest boundary in section 11, township 3 north, range 40 east, to

the Wallowa-Whitman National Forest boundary approximately one-half mile east of Grossman Creek as a wild river;

to be administered by the Secretary of Agriculture;

(C) the 9-mile segment from the Wallowa-Whitman National Forest boundary approximately one-half mile east of

Grossman Creek to Wildcat Creek as a wild river; to be administered by the Secretary of the Interior; and

(D) the 15.9-mile segment from Wildcat Creek to the Oregon-Washington State line as a recreational river; to be administered by the Secretary of the Interior.

(78) IMNAHA, OREGON.—Those segments, including the South

Fork Imnaha; to be administered by the Secretary of Agriculture

in the following classes:

(A) The 6-mile segment from its confluence with the North

and South Forks of the Imnaha River to Indian Crossing as a

wild river;

(B) the 58-mile segment from Indian Crossing to Cow

Creek as a recreational river;

(C) the 4-mile segment from Cow Creek to its mouth as a

scenic river; and

(D) the 9-mile segment of the South Fork Imnaha from its

headwaters to its confluence with the Imnaha River as a wild

river.

(79) JOHN DAY, OREGON.—The 147.5-mile segment from Service Creek to Tumwater Falls as a recreational river; to be administered through a cooperative management agreement between the

State of Oregon and the Secretary of the Interior as provided in

section 10(e) of this Act.

(80) JOSEPH CREEK, OREGON.—The 8.6-mile segment from Joseph Creek Ranch, one mile downstream from Cougar Creek, to the

Wallowa-Whitman National Forest boundary as a wild river; to be

administered by the Secretary of Agriculture.

(81) LITTLE DESCHUTES, OREGON.—The 12-mile segment from

its source in the northwest quarter of section 15, township 26

south, range 61⁄2 east to the north section line of section 12, township 26 south, range 7 east as a recreational river; to be administered by the Secretary of Agriculture.

(82) LOSTINE, OREGON.—The 16-mile segment from its headwaters to the Wallowa-Whitman National Forest boundary; to be

administered by the Secretary of Agriculture in the following classes:

(A) The 5-mile segment from its headwaters to the Eagle

Cap Wilderness boundary as a wild river; and

(B) the 11-mile segment from the Eagle Cap Wilderness

boundary to the Wallowa-Whitman National Forest boundary

at Silver Creek as a recreational river.

(83) MALHEUR, OREGON.—The 13.7-mile segment from

Bosonberg Creek to the Malheur National Forest boundary; to be
1–27 Sec. 3 WILD AND SCENIC RIVERS ACT

1 In subparagraph (B) of paragraph (85), the words ‘‘to be administered’’ are omitted.

administered by the Secretary of Agriculture in the following classes:

(A) The 7-mile segment from Bosonberg Creek to Malheur

Ford as a scenic river; and

(B) the 6.7-mile segment from Malheur Ford to the

Malheur National Forest boundary as a wild river.

(84) MCKENZIE, OREGON.—The 12.7-mile segment from Clear

Lake to Scott Creek; to be administered by the Secretary of Agriculture in the following classes:

(A) The 1.8-mile segment from Clear Lake to the head of

maximum pool at Carmen Reservoir as a recreational river;

(B) the 4.3-mile segment from a point 100 feet downstream

from Carmen Dam to the maximum pool at Trail Bridge Reservoir as a recreational river; and

(C) the 6.6-mile segment from the developments at the

base of the Trail Bridge Reservoir Dam to Scott Creek as a recreational river.

(85) METOLIUS, OREGON.—The 28.6-mile segment from the

south Deschutes National Forest boundary to Lake Billy Chinook

in the following classes:

(A) The 11.5-mile segment from the south Deschutes National Forest boundary (approximately 2,055.5 feet from

Metolius Springs) to Bridge 99 as a recreational river; to be administered by the Secretary of Agriculture;

(B) the 17.1-mile segment from Bridge 99 to Lake Billy

Chinook as a scenic river; by 1 the Secretary of Agriculture,

through a cooperative management agreement between the

Secretary of the Interior and the Confederated Tribes of the

Warm Springs Reservation, as provided in section 10(e) of this

Act and section 105 of the Omnibus Oregon Wild and Scenic

Rivers Act of 1988: Provided, That the river and its adjacent

land area will be managed to provide a primitive recreational

experience as defined in the ROS User’s Guide.

(86) MINAM, OREGON.—The 39-mile segment from its headwaters at the south end of Minam Lake to the Eagle Cap Wilderness boundary, one-half mile downstream from Cougar Creek, as a

wild river; to be administered by the Secretary of Agriculture.

(87) NORTH FORK CROOKED, OREGON.—The 32.3-mile segment

from its source at Williams Prairie to one mile from its confluence

with the Crooked River in the following classes:

(A) The 3-mile segment from its source at Williams Prairie

to the Upper End of Big Summit Prairie as a recreational

river; to be administered by the Secretary of Agriculture;

(B) the 3.7-mile segment from the Lower End of Big Summit Prairie to the bridge across from the Deep Creek Campground as a recreational river; to be administered by the Secretary of Agriculture;

(C) the 8-mile segment from the bridge across from the

Deep Creek Campground to the Ochoco National Forest boundary, one-half mile from Lame Dog Creek as a scenic river; to

be administered by the Secretary of Agriculture;
Sec. 3 WILD AND SCENIC RIVERS ACT 1–28

(D) the 1.5-mile segment from the Ochoco National Forest

boundary to Upper Falls as a scenic river; to be administered

by the Secretary of the Interior;

(E) the 11.1-mile segment from Upper Falls to Committee

Creek as a wild river; to be administered by the Secretary of

the Interior; and

(F) the 5-mile segment from Committee Creek to one mile

from its confluence with the Crooked River as a recreational

river; to be administered by the Secretary of the Interior.

(88) NORTH FORK JOHN DAY, OREGON.—The 54.1-mile segment

from its headwaters in the North Fork of the John Day Wilderness

Area at section 13, township 8 south, range 36 east, to its confluence with Camas Creek in the following classes:

(A) The 3.5-mile segment from its headwaters in the North

Fork of the John Day Wilderness at section 13, township 8

south, range 36 east, to the North Fork of the John Day Wilderness boundary as a wild river; to be administered by the

Secretary of Agriculture;

(B) the 7.5-mile segment from the North Fork of the John

Day Wilderness boundary to Trail Creek as a recreational

river; to be administered by the Secretary of Agriculture;

(C) the 24.3-mile segment from Trail Creek to Big Creek

as a wild river; to be administered by the Secretary of Agriculture;

(D) the 10.5-mile segment from Big Creek to Texas Bar

Creek as a scenic river; to be administered by the Secretary of

Agriculture; and

(E) the 8.3-mile segment from Texas Bar Creek to its confluence with Camas Creek as a recreational river; to be administered by the Secretary of Agriculture.

(89) NORTH FORK MALHEUR, OREGON.—The 25.5-mile segment

from its headwaters to the Malheur National Forest boundary as

a scenic river; to be administered by the Secretary of Agriculture.

(90) NORTH FORK OF THE MIDDLE FORK OF THE WILLAMETTE,

OREGON.—The 42.3-mile segment from Waldo Lake to the Willamette National Forest boundary; to be administered by the Secretary

of Agriculture in the following classes:

(A) The 8.8-mile segment from Waldo Lake to the south

section line of section 36, township 19 south, range 51⁄2 east as

a wild river;

(B) the 6.5-mile segment from the south section line of section 36, township 19 south, range 51⁄2 east to Fisher Creek as

a scenic river; and

(C) the 27-mile segment from Fisher Creek to the Willamette National Forest boundary as a recreational river.

(91) NORTH FORK OWYHEE, OREGON.—The 8-mile segment

from the Oregon-Idaho State line to its confluence with the Owyhee

River as a wild river; to be administered by the Secretary of the

Interior.

(92) NORTH FORK SMITH, OREGON.—The 13-mile segment from

its headwaters to the Oregon-California State line; to be administered by the Secretary of Agriculture in the following classes:

(A) The 6.5-mile segment from its headwaters to Horse

Creek as a wild river;
1–29 Sec. 3 WILD AND SCENIC RIVERS ACT

(B) the 4.5-mile segment from Horse Creek to Baldface

Creek as a scenic river; and

(C) the 2-mile segment from Baldface Creek to the OregonCalifornia State line as a wild river.

(93) NORTH FORK SPRAGUE, OREGON.—The 15-mile segment

from the head of River Spring in the southwest quarter of section

15, township 35 south, range 16 east, to the northwest quarter of

the southwest quarter of section 11, township 35 south, range 15

east, as a scenic river; to be administered by the Secretary of Agriculture.

(94) NORTH POWDER, OREGON.—The 6-mile segment from its

headwaters to the Wallowa-Whitman National Forest boundary at

River Mile 20 as a scenic river; to be administered by the Secretary

of Agriculture.

(95) NORTH UMPQUA, OREGON.—The 33.8-mile segment from

the Soda Springs Powerhouse to Rock Creek in the following

classes:

(A) The 25.4-mile segment from the Soda Springs Powerhouse to the Umpqua National Forest boundary as a recreational river; to be administered by the Secretary of Agriculture; and

(B) the 8.4-mile segment from the Umpqua National Forest boundary to its confluence with Rock Creek as a recreational river; to be administered by the Secretary of the Interior.

(96) POWDER, OREGON.—The 11.7-mile segment from Thief

Valley Dam to the Highway 203 bridge as a scenic river; to be administered by the Secretary of the Interior.

(97) QUARTZVILLE CREEK, OREGON.—The 12-mile segment from

the Willamette National Forest boundary to slack water in Green

Peter Reservoir as a recreational river; to be administered by the

Secretary of the Interior.

(98) ROARING, OREGON.—The 13.7-mile segment from its headwaters to its confluence with the Clackamas River; to be administered by the Secretary of Agriculture in the following classes:

(A) The 13.5-mile segment from its headwaters to onequarter mile upstream of the mouth as a wild river; and

(B) the 0.2-mile segment from one-quarter mile upstream

of the mouth to its confluence with the Clackamas River as a

recreational river.

(99) SALMON, OREGON.—The 33.5-mile segment from its headwaters to its confluence with the Sandy River in the following

classes:

(A) The 7-mile segment from its headwaters to the south

boundary line of section 6, township 4 south, range 9 east as

a recreational river; to be administered by the Secretary of Agriculture: Provided, That designation and classification shall

not preclude the Secretary from exercising discretion to approve the construction, operation, and maintenance of ski lifts,

ski runs, and associated facilities for the land comprising the

Timberline Lodge Winter Sports Area insofar as such construction does not involve water resources projects;

(B) the 15-mile segment from the south boundary line at

section 6, township 4 south, range 9 east to the junction with
Sec. 3 WILD AND SCENIC RIVERS ACT 1–30

the South Fork of the Salmon River as a wild river; to be administered by the Secretary of Agriculture;

(C) the 3.5-mile segment from the junction with the south

fork of the Salmon River to the Mt. Hood National Forest

boundary as a recreational river; to be administered by the

Secretary of Agriculture;

(D) the 3.2-mile segment from the Mt. Hood National Forest boundary to Lymp Creek as a recreational river; to be administered by the Secretary of the Interior; and

(E) the 4.8-mile segment from Lymp Creek to its confluence with the Sandy River as a scenic river; to be administered by the Secretary of the Interior.

(100) SANDY, OREGON.—Those portions as follows:

(A) The 4.5-mile segment from its headwaters to the section line between sections 15 and 22, township 2 south, range

8 east as a wild river; to be administered by the Secretary of

Agriculture;

(B) the 7.9-mile segment from the section line between sections 15 and 22, township 2 south, range 8 east to the Mt.

Hood National Forest boundary at the west section line of section 26, township 2 south, range 7 east as a recreational river;

to be administered by the Secretary of Agriculture; and

(C) the 12.5-mile segment from the east boundary of sections 25 and 36, township 1 south, range 4 east in Clackamas

County near Dodge Park, downstream to the west line of the

east half of the northeast quarter of section 6, township 1

south, range 4 east, in Multnomah County at Dabney State

Park, the upper 3.8 miles as a scenic river and the lower 8.7

miles as a recreational river; both to be administered through

a cooperative management agreement between the State of Oregon, the Secretary of the Interior and the Counties of Multnomah and Clackamas in accordance with section 10(e) of this

Act.

(101) SOUTH FORK JOHN DAY, OREGON.—The 47-mile segment

from the Malheur National Forest to Smokey Creek as a recreational river; to be administered by the Secretary of the Interior.

(102) SQUAW CREEK, OREGON.—The 15.4-mile segment from its

source to the hydrologic Gaging Station 800 feet upstream from the

intake of the McAllister Ditch, including the Soap Fork Squaw

Creek, the North Fork, the South Fork, the East and West Forks

of Park Creek, and Park Creek Fork; to be administered by the

Secretary of Agriculture as follows:

(A) The 6.6-mile segment and its tributaries from the

source to the Three Sisters Wilderness boundary as a wild

river; and

(B) the 8.8-mile segment from the boundary of the Three

Sisters Wilderness Area to the hydrologic Gaging Station 800

feet upstream from the intake of the McAllister Ditch as a scenic river: Provided, That nothing in this Act shall prohibit the

construction of facilities necessary for emergency protection for

the town of Sisters relative to a rapid discharge of Carver Lake

if no other reasonable flood warning or control alternative

exists.

(103) SYCAN, OREGON.—The 59-mile segment from the northeast quarter of section 5, township 34 south, range 17 east to Coy-
1–31 Sec. 3 WILD AND SCENIC RIVERS ACT

ote Bucket at the Fremont National Forest boundary; to be administered by the Secretary of Agriculture in the following classes:

(A) The 26.4-mile segment from the northeast quarter of

section 5, township 34 south, range 17 east to the west section

line of section 22, township 32 south, range 141⁄2 east, as a scenic river;

(B) the 8.6-mile segment from the west section line of section 22, township 32 south, range 14 east, to the Fremont National Forest boundary in the southeast quarter of section 10,

township 33 south, range 13 east, as a recreational river; and

(C) the 24-mile segment from the Fremont National Forest

boundary in the southwest quarter of section 10, township 33

south, range 13 east, to Coyote Bucket at the Fremont National Forest boundary, as a scenic river.

(104) UPPER ROGUE, OREGON.—The 40.3-mile segment from

the Crater Lake National Park boundary to the Rogue River National Forest boundary; to be administered by the Secretary of Agriculture in the following classes:

(A) The 0.5-mile segment from the Crater Lake National

Park boundary to approximately 0.1-mile downstream from the

forest road 6530760 (West Lake Road) crossing as a scenic

river;

(B) the 6.1-mile segment from approximately 0.1-mile

downstream from the forest road 6530760 (West Lake Road)

crossing to Minehaha Creek as a wild river; and

(C) the 33.7-mile segment from Minehaha Creek to the

Rogue River National Forest boundary as a scenic river.

(105) WENAHA, OREGON.—The 21.55-mile segment from the

confluence of the North Fork and the South Fork to its confluence

with the Grande Ronde River; to be administered by the Secretary

of Agriculture in the following classes:

(A) The 18.7-mile segment from the confluence of the

North Fork and South Fork to the Umatilla National Forest as

a wild river;

(B) the 2.7-mile segment from the Umatilla National Forest boundary to the easternmost boundary of the Wenaha State

Wildlife Area as a scenic area; and

(C) the 0.15-mile segment from the easternmost boundary

of the Wenaha State Wildlife Area to the confluence with the

Grande Ronde River as a recreational river.

(106) WEST LITTLE OWYHEE, OREGON.—The 51-mile segment

from its headwaters to its confluence with Owyhee River as a wild

river; to be administered by the Secretary of the Interior.

(107) WHITE, OREGON.—The 46.5-mile segment from its headwaters to its confluence with the Deschutes River in the following

classes:

(A) The 2-mile segment from its headwaters to the section

line between sections 9 and 16, township 3 south, range 9 east,

as a recreational river; to be administered by the Secretary of

Agriculture: Provided, That designation and classification shall

not preclude the Secretary from exercising discretion to approve construction, operation, and from exercising discretion to

approve construction, operation, and maintenance of ski lifts,

ski runs, and associated facilities for the land comprising the

Mt. Hood Winter Sports Area insofar as such construction does
Sec. 3 WILD AND SCENIC RIVERS ACT 1–32

1Subparagraph (A) of paragraph (107) should end with a semicolon rather than a period. Alternately, the other subparagraphs should begin with a capital letter and end with a period.

not involve water resource projects and is consistent with protecting the values for which the river was designated. 1

(B) the 13.6-mile segment from the section line between

sections 9 and 16, township 3 south, range 9 east, to Deep

Creek as a recreational river; to be administered by the Secretary of Agriculture;

(C) the 6.5-mile segment from Deep Creek to the Mt. Hood

National Forest boundary as a scenic river; to be administered

by the Secretary of Agriculture;

(D) the 17.5-mile segment from the Mt. Hood National Forest boundary to Three Mile Creek as a scenic river; to be administered by the Secretary of the Interior;

(E) the 5.3-mile segment from Three Mile Creek to River

Mile 2.2 as a recreational river; to be administered by the Secretary of the Interior; and

(F) the 1.6-mile segment from River Mile 1.6 to its confluence with the Deschutes River as a recreational river; to be

administered by the Secretary of the Interior.

(108) RIO CHAMA, NEW MEXICO.—The segment extending from

El Vado Ranch launch site (immediately south of El Vado Dam)

downstream approximately 24.6 miles to evaluation 6,353 feet

above mean sea level; to be administered by the Secretary of Agriculture and the Secretary of the Interior. For purposes of compliance with the planning requirements of subsection (d), the Cooperative Management Plan for the river prepared by the Secretary of

Agriculture and the Secretary of the Interior may be revised and

amended to the extent necessary to conform to the provisions of

this Act. The segment of the Rio Chama beginning at the El Vado

Ranch launch site downstream to the beginning of Forest Service

Road 151 shall be administered as a wild river and the segment

downstream from the beginning of Forest Service Road 151 to elevation 6,353 feet shall be administered as a scenic river.

(109) EAST FORK OF JEMEZ, NEW MEXICO.—The 11-mile segment from the Santa Fe National Forest boundary to its confluence

with the Rio San Antonio; to be administered by the Secretary of

Agriculture in the following classifications:

(A) the 2-mile segment from the Santa Fe National Forest

boundary to the second crossing of State Highway 4, near Las

Conchas Trailhead, as a recreational river; and

(B) the 4-mile segment from the second crossing of State

Highway 4, near Las Conchas Trailhead, to the third crossing

of State Highway 4, approximately one and one-quarter miles

upstream from Jemez Falls, as a wild river; and

(C) the 5-mile segment from the third crossing of State

Highway 4, approximately one and one-quarter miles upstream

from Jemez Falls, to its confluence with the Rio San Antonio,

as a scenic river.

After the enactment of this paragraph, Federal lands within the

boundaries of the segments designated under this paragraph or

which constitute the bed or bank or are situated within one-quarter

mile of the ordinary highwater mark on each side of such segments

are withdrawn, subject to valid existing rights, from all forms of
1–33 Sec. 3 WILD AND SCENIC RIVERS ACT

appropriation under the mining laws and from operation of the

mineral leasing laws of the United States, and no patent may be

issued for the surface estate with respect to any mining claim located on such lands. Nothing in this paragraph shall be construed

as precluding mining operations on any valid existing claim, subject to applicable regulations under section 9.

(110) PECOS RIVER, NEW MEXICO.—The 20.5-mile segment

from its headwaters to the townsite of Tererro; to be administered

by the Secretary of Agriculture in the following classifications:

(A) the 13.5-mile segment from its headwaters to the Pecos

Wilderness boundary, as a wild river; and

(B) the 7-mile segment from the Pecos Wilderness boundary to the townsite of Tererro, as a recreational river.

After the enactment of this paragraph, Federal lands within the

boundaries of the segments designated under this paragraph or

which constitute the bed or bank or are situated within one-quarter

mile of the ordinary highwater mark on each side of such segments

are withdrawn, subject to valid existing rights, from all forms of

appropriation under the mining laws and from operation of the

mineral leasing laws of the United States, and no patent may be

issued for the surface estate with respect to any mining claim located on such lands. Nothing in this paragraph shall be construed

as precluding mining operations on any valid existing claim, subject to applicable regulations under section 9.

(111) SMITH RIVER, CALIFORNIA.—The segment from the confluence of the Middle Fork Smith River and the North Fork Smith

River to the Six Rivers National Forest boundary, including the following segments of the mainstem and certain tributaries, to be administered by the Secretary of Agriculture in the following classes:

(A) The segment from the confluence of the Middle Fork

Smith River and the South Fork Smith River to the National

Forest boundary, as a recreational river.

(B) Rowdy Creek from the California-Oregon State line to

the National Forest boundary, as a recreational river.

(112) MIDDLE FORK SMITH RIVER, CALIFORNIA.—The segment

from the headwaters to its confluence with the North Fork Smith

River, including the following segments of the mainstem and certain tributaries, to be administered by the Secretary of Agriculture

in the following classes:

(A) The segment from its headwaters about 3 miles south

of Sanger Lake, as depicted on the 1956 USGS 15° Preston

Peak topographic map, to the center of section 7, T. 17 N., R.

5 E., as a wild river.

(B) The segment from the center of section 7, T. 17 N., R.

5 E., to the center of section 6, T. 17 N., R. 5 E., as a scenic

river.

(C) The segment from the center of section 6, T. 17 N., R.

5 E., to one-half mile upstream from its confluence with

Knopki Creek, as a wild river.

(D) The segment from one-half mile upstream of its confluence with Knopki Creek to its confluence with the South

Fork Smith River, as a recreational river.

(E) Myrtle Creek from its headwaters in section 9, T. 17

N., R. 1 E., as depicted on the 1952 USGS 15° Crescent City
Sec. 3 WILD AND SCENIC RIVERS ACT 1–34

1 In subparagraph (K) of paragraph (112), the reference probably should be ‘‘1951 USGS’’.

topographic map, to the middle of section 28, T. 17 N., R. 1 E.,

as a scenic river.

(F) Myrtle Creek from the middle of section 28, T. 17 N.,

R. 1 E., to its confluence with the Middle Fork Smith River,

as a wild river.

(G) Shelly Creek from its headwaters in section 1, T. 18

N., R., 3 E., as depicted on the 1951 USGS 15° Gasquet topographic map, to its confluence with Patrick Creek, as a recreational river.

(H) Kelly Creek from its headwaters in section 32, T. 17

N., R. 3 E., as depicted on the 1951 USGS 15° Gasquet topographic map, to its confluence with the Middle Fork Smith

River, as a scenic river.

(I) Packsaddle Creek from its headwaters about 0.8 miles

southwest of Broken Rib Mountain, as depicted on the 1956

USGS 15° Preston Peak topographic map, to its confluence

with the Middle Fork Smith River, as a scenic river.

(J) East Fork Patrick Creek from its headwaters in section

10, T. 18 N., R. 3 E., as depicted on the 1951 USGS 15°

Gasquet topographic map, to its confluence with the West Fork

of Patrick Creek, as a recreational river.

(K) West Fork Patrick Creek from its headwaters in section 18, T. 18 N., R. 3 E., as depicted on the 1951 1 15° Gasquet

topographic map to its confluence with the East Fork Patrick

Creek, as a recreational river.

(L) Little Jones Creek from its headwaters in section 34,

T. 17 N., R. 3 E., as depicted on the 1951 USGS 15° Gasquet

topographic map to its confluence with the Middle Fork Smith

River, as a recreational river.

(M) Griffin Creek from its headwaters about 0.2 miles

southwest of Hazel View Summit, as depicted on the 1956

USGS 15° Preston Peak topographic map, to its confluence

with the Middle Fork Smith River, as a recreational river.

(N) Knopki Creek from its headwaters about 0.4 miles

west of Sanger Peak, as depicted on the 1956 USGS 15° Preston Peak topographic map, to its confluence with the Middle

Fork Smith River, as a recreational river.

(O) Monkey Creek from its headwaters in the northeast

quadrant of section 12, T. 18 N., R. 3 E., as depicted on the

1951 USGS 15° Gasquet topographic map, to its confluence

with the Middle Fork Smith River, as a recreational river.

(P) Patrick Creek from the junction of East and West

Forks of Patrick Creek to its confluence with Middle Fork

Smith River, as a recreational river.

(Q) Hardscrabble Creek from its headwaters in the northeast quarter of section 2, T. 17 N., R. 1 E., as depicted on the

1952 USGS 15° Crescent City topographic map, to its confluence with the Middle Fork Smith River, as a recreational

river.

(113) NORTH FORK SMITH RIVER, CALIFORNIA.—The segment

from the California-Oregon State line to its confluence with the

Middle Fork Smith River, including the following segments of the
1–35 Sec. 3 WILD AND SCENIC RIVERS ACT

mainstem and certain tributaries, to be administered by the Secretary of Agriculture in the following classes:

(A) The segment from the California-Oregon State line to

its confluence with an unnamed tributary in the northeast

quarter of section 5, T. 18 N., R. 2 E., as depicted on the 1951

USGS 15° Gasquet topographic map, as a wild river.

(B) The segment from its confluence with an unnamed

tributary in the northeast quarter of section 5, T. 18 N., R. 2

E., to its southern-most intersection with the eastern section

line of section 5, T. 18 N., R. 2 E., as depicted on the 1951

USGS 15° Gasquet topographic map, as a scenic river.

(C) The segment from its southern-most intersection with

the eastern section line of section 5, T. 18 N., R. 2 E., as depicted on the 1951 USGS 15° Gasquet topographic map, to its

confluence with Stony Creek, as a wild river.

(D) The segment from its confluence with Stony Creek to

its confluence with the Middle Fork Smith River, as a recreational river.

(E) Diamond Creek from California-Oregon State line to

its confluence with Bear Creek, as a recreational river.

(F) Diamond Creek from its confluence with Bear Creek to

its confluence with the North Fork Smith River, as a scenic

river.

(G) Bear Creek from its headwaters in section 24, T. 18 N.,

R. 2 E., as depicted on the 1951 USGS 15° Gasquet topographic map, to its confluence with Diamond Creek, as a scenic

river.

(H) Still Creek from its headwaters in section 11, T. 18 N.,

R. 1 E., as depicted on the 1952 USGS 15° Crescent City topographic map, to its confluence with the North Fork Smith

River, as a scenic river.

(I) North Fork Diamond Creek from the California-Oregon

State line to its confluence with Diamond Creek, as a recreational river.

(J) High Plateau Creek from its headwaters in section 26,

T. 18 N., R. 2 E., as depicted on the 1951 USGS 15° Gasquet

topographic map, to its confluence with Diamond Creek, as a

scenic river.

(K) Stony Creek from its headwaters in section 25, T. 18

N., R. 2 E., as depicted on the 1951 USGS 15° Gasquet topographic map, to its confluence with the North Fork Smith

River, as a scenic river.

(L) Peridotite Creek from its headwaters in section 34, T.

18 N., R. 2 E., as depicted on the 1951 USGS 15° Gasquet

topographic map, to its confluence with the North Fork Smith

River, as a wild river.

(114) SISKIYOU FORK SMITH RIVER, CALIFORNIA.—The segment

from its headwaters to its confluence with the Middle Fork Smith

River, and the following tributaries, to be administered by the Secretary of Agriculture in the following classes:

(A) The segment from its headwaters about 0.7 miles

southeast of Broken Rib Mountain, as depicted on the 1956
Sec. 3 WILD AND SCENIC RIVERS ACT 1–36

1 In subparagraph (A) of paragraph (114), the word ‘‘Topographic’’ probably should not be capitalized. 2 In subparagraph (A) of paragraph (115), the word ‘‘the’’ is omitted before ‘‘1956’’.

USGS 15° Preston Peak Topographic 1 map, to its confluence

with the South Siskiyou Fork Smith River, as a wild river.

(B) The segment from its confluence with the South

Siskiyou Fork Smith River to its confluence with the Middle

Fork Smith River, as a recreational river.

(C) South Siskiyou Fork Smith River from its headwaters

about 0.6 miles southwest of Buck Lake, as depicted on the

1956 USGS 15° Preston Peak topographic map, to its confluence with the Siskiyou Fork Smith River, as a wild river.

(115) SOUTH FORK SMITH RIVER, CALIFORNIA.—The segment

from its headwaters to its confluence with the main stem of the

Smith River, and the following tributaries, to be administered by

the Secretary of Agriculture in the following classes:

(A) The segment from its headwaters about 0.5 miles

southwest of Bear Mountain, as depicted on 2 1956 USGS 15° Preston Peak topographic map, to Blackhawk Bar, as a wild

river.

(B) The segment from Blackhawk Bar to its confluence

with the main stem of the Smith River, as a recreational river.

(C) Williams Creek from its headwaters in section 31, T.

14 N., R. 4 E., as depicted on the 1952 USGS 15° Ship Mountain topographic map, to its confluence with Eightmile Creek,

as a wild river.

(D) Eightmile Creek from its headwaters in section 29, T.

14 N., R. 4 E., as depicted on the 1955 USGS 15° Dillon Mtn.

topographic map, to its confluence with the South Fork Smith

River, as a wild river.

(E) Harrington Creek from its source to its confluence with

the South Fork Smith River, as a wild river.

(F) Prescott Fork of the Smith River from its headwaters

about 0.5 miles southeast of Island Lake, as depicted on the

1955 USGS 15° Dillon Mtn. topographic map, to its confluence

with the South Fork Smith River, as a wild river.

(G) Quartz Creek from its headwaters in section 31, T. 16

N., R. 4 E., as depicted on the 1952 15° USGS Ship Mountain

topographic map, to its confluence with the South Fork Smith

River, as a recreational river.

(H) Jones Creek from its headwaters in section 36, T. 16

N., R. 3 E., as depicted on the 1952 USGS 15° Ship Mountain

topographic map, to its confluence with the South Fork Smith

River, as a recreational river.

(I) Hurdygurdy Creek from its headwaters about 0.4 miles

southwest of Bear Basin Butte as depicted on the 1956 USGS

15° Preston Peak topographic map, to its confluence with the

South Fork Smith River, as a recreational river.

(J) Gordon Creek from its headwaters in section 18, T. 16

N., R. 3 E., as depicted on the 1951 USGS 15° Gasquet topographic map, to its confluence with the South Fork Smith

River, as a recreational river.

(K) Coon Creek from the junction of its two headwaters

tributaries in the southeast quadrant of section 31, T. 17 N.,

R. 3 E., as depicted on the 1951 USGS 15° Gasquet topo-
1–37 Sec. 3 WILD AND SCENIC RIVERS ACT

1 In subparagraph (R) of paragraph (115), the words ‘‘depicted in’’ should be ‘‘depicted on’’.

graphic map, to its confluence with the South Fork Smith

River, as a recreational river.

(L) Craigs Creek from its headwaters in section 36, T. 17

N., R. 2 E., as depicted on the 1951 USGS 15° Gasquet topographic map, to its confluence with the South Fork Smith

River, as a recreational river.

(M) Goose Creek from its headwaters in section 13, T. 13

N., R. 2 E., as depicted on the 1952 USGS 15° Ship Mountain

topographic map, to its confluence with the South Fork Smith

River, as a recreational river.

(N) East Fork Goose Creek from its headwaters in section

18, T. 13 N., R. 3 E., as depicted on the 1952 USGS 15° Ship

Mountain topographic map, to its confluence with Goose Creek,

as a recreational river.

(O) Buck Creek from its headwaters at Cedar Camp

Spring, as depicted on the 1952 USGS 15° Ship Mountain topographic map, to the northeast corner of section 8, T. 14 N., R.

3 E., as a scenic river.

(P) Buck Creek from the northeast corner of section 8, T.

14 N., R. 3 E., to its confluence with the South Fork Smith

River, as a wild river.

(Q) Muzzleloader Creek from its headwaters in section 2,

T. 15 N., R. 3 E., as depicted on the 1952 USGS 15° Ship

Mountain topographic map, to its confluence with Jones Creek,

as a recreational river.

(R) Canthook Creek from its headwaters in section 2, T. 15

N., R. 2 E., as depicted in 1 the 1952 USGS 15° Ship Mountain

topographic map, to its confluence with the South Fork Smith

River, as a recreational river.

(S) Rock Creek from the national forest boundary in section 6, T. 15 N., R. 2 E., as depicted on the 1952 USGS 15°

Ship Mountain topographic map, to its confluence with the

South Fork Smith River, as a recreational river.

(T) Blackhawk Creek from its headwaters in section 21, T.

15 N., R. 2 E., as depicted on the 1952 USGS 15° Ship Mountain topographic map, to its confluence with the South Fork

Smith River, as a recreational river.

(116) CLARKS FORK, WYOMING.—(A) The twenty and fivetenths-mile segment from the west boundary of section 3, township

56 north, range 106 west at the Crandall Creek Bridge downstream

to the north boundary of section 13, township 56 north, range 104

west at Clarks Fork Canyon; to be administered by the Secretary

of Agriculture as a wild river. Notwithstanding subsection (b), the

boundary of the segment shall include all land within four hundred

and forty yards from the ordinary high water mark on both sides

of the river. No land or interest in land may be acquired with respect to the segment without the consent of the owner thereof. For

the purposes of carrying out this paragraph, there is authorized to

be appropriated $500,000 for development and $750,000 for the acquisition of land and interests therein.

(B) Designation of a segment of the Clarks Fork by this paragraph as a component of the Wild and Scenic Rivers System shall

not be utilized in any Federal proceeding, whether concerning a li-
Sec. 3 WILD AND SCENIC RIVERS ACT 1–38

1For related provisions regarding the Niobrara River Segment, paragraph (117), see the item

in this compilation entitled ‘‘Niobrara Scenic River Designation Act of 1991’’.

cense, permit, right-of-way, or any other Federal action, as a reason or basis to prohibit the development or operation of any water

impoundment, diversion facility, or hydroelectric power and transmission facility located entirely downstream from the segment of

the river designated by this paragraph: Provided, That water from

any development shall not intrude upon such segment. Congress

finds that development of water impoundments, diversion facilities,

and hydroelectric power and transmission facilities located entirely

downstream from the segment of the river is not incompatible with

its designation as a component of the Wild and Scenic Rivers System.

(C) The Secretary of Agriculture is directed to apply for the

quantification of the water right reserved by the inclusion of a portion of the Clarks Fork in the Wild and Scenic Rivers System in

accordance with the procedural requirements of the laws of the

State of Wyoming: Provided, That, notwithstanding any provision

of the laws of the State of Wyoming otherwise applicable to the

granting and exercise of water rights, the purposes for which the

Clarks Fork is designated, as set forth in this Act and this paragraph, are declared to be beneficial uses and the priority date of

such right shall be the date of enactment of this paragraph.

(D) The comprehensive management plan developed under subsection (d) for the segment designated by this paragraph shall provide for all such measures as may be necessary in the control of

fire, insects, and diseases to fully protect the values for which the

segment is designated as a wild river.

(117) 1 NIOBRARA, NEBRASKA.—(A) The 40-mile segment from

Borman Bridge southeast of Valentine downstream to its confluence with Chimney Creek and the 30-mile segment from the river’s confluence with Rock Creek downstream to the State Highway

137 bridge, both segments to be classified as scenic and administered by the Secretary of the Interior. That portion of the 40-mile

segment designated by this subparagraph located within the Fort

Niobrara National Wildlife Refuge shall continue to be managed by

the Secretary through the Director of the United States Fish and

Wildlife Service.

(B) The 25-mile segment from the western boundary of Knox

County to its confluence with the Missouri River, including that

segment of the Verdigre Creek from the north municipal boundary

of Verdigre, Nebraska, to its confluence with the Niobrara, to be

administered by the Secretary of the Interior as a recreational

river.

After consultation with State and local governments and the

interested public, the Secretary shall take such action as is required under subsection (b) of this section.

(118) MISSOURI RIVER, NEBRASKA AND SOUTH DAKOTA.—The

39-mile segment from the headwaters of Lewis and Clark Lake to

the Ft. Randall Dam, to be administered by the Secretary of the

Interior as a recreational river.

(119) BEAR CREEK, MICHIGAN.—The 6.5-mile segment from

Coates Highway to the Manistee River, to be administered by the

Secretary of Agriculture as a scenic river.
1–39 Sec. 3 WILD AND SCENIC RIVERS ACT

(120) BLACK, MICHIGAN.—The 14-mile segment from the Ottawa National Forest boundary to Lake Superior, to be administered by the Secretary of Agriculture as a scenic river.

(121) CARP, MICHIGAN.—The 27.8-mile segment from the west

section line of section 30, township 43 north, range 5 west, to Lake

Huron, to be administered by the Secretary of Agriculture in the

following classes:

(A) The 2.3-mile segment from the west section line of section 30, township 43 north, range 5 west, to Forest Development Road 3458 in section 32, township 43 north, range 5

west, as a scenic river.

(B) The 6.5-mile segment from the Forest Development

Road 3458 in section 32, township 43 north, range 5 west, to

Michigan State Highway 123, as a scenic river.

(C) The 7.5-mile segment from Michigan State Highway

123 to one quarter of a mile upstream from Forest Development Road 3119, as a wild river.

(D) The 0.5-mile segment from one quarter of a mile upstream of Forest Development Road 3119 to one quarter mile

downstream of Forest Development Road 3119, as a scenic

river.

(E) The 4.9-mile segment from one quarter of a mile downstream of Forest Development Road 3119 to McDonald Rapids,

as a wild river.

(F) The 6.1-mile segment from McDonald Rapids to Lake

Huron, as a recreational river.

(122) INDIAN, MICHIGAN.—The 51-mile segment from Hovey

Lake to Indian Lake to be administered by the Secretary of Agriculture in the following classes:

(A) The 12-mile segment from Hovey Lake to Fish Lake,

as a scenic river.

(B) The 39-mile segment from Fish Lake to Indian Lake,

as a recreational river.

(123) MANISTEE, MICHIGAN.—The 26-mile segment from the

Michigan DNR boat ramp below Tippy Dam to the Michigan State

Highway 55 bridge, to be administered by the Secretary of Agriculture as a recreational river.

(124) ONTONAGON, MICHIGAN.—Segments of certain tributaries, totaling 157.4 miles, to be administered by the Secretary of

Agriculture as follows:

(A) The 46-mile segment of the East Branch Ontonagon

from its origin at Spring Lake to the Ottawa National Forest

boundary in the following classes:

(i) The 20.5-mile segment from its origin at Spring

Lake to its confluence with an unnamed stream in section

30, township 48 north, range 37 west, as a recreational

river.

(ii) The 25.5-mile segment from its confluence with an

unnamed stream in section 30, township 48 north, range

37 west, to the Ottawa National Forest boundary, as a

wild river.

(B) The 59.4-mile segment of the Middle Branch

Ontonagon, from its origin at Crooked Lake to the northern

boundary of the Ottawa National Forest in the following classes:
Sec. 3 WILD AND SCENIC RIVERS ACT 1–40

1 Below subparagraph (D)(ii) of paragraph (124), the first word of the new sentence should be

‘‘Notwithstanding’’ rather than ‘‘Nothwithstanding’’.

(i) The 20-mile segment from its origin at Crooked

Lake to Burned Dam, as a recreational river.

(ii) The 8-mile segment from Burned Dam to Bond

Falls Flowage, as a scenic river.

(iii) The 8-mile segment from Bond Falls to Agate

Falls, as a recreational river.

(iv) The 6-mile segment from Agate Falls to Trout

Creek, as a scenic river.

(v) The 17.4-mile segment from Trout Creek to the

northern boundary of the Ottawa National Forest, as a

wild river.

(C) The 37-mile segment of the Cisco Branch Ontonagon

from its origin at Cisco Lake Dam to its confluence with TenMile Creek south of Ewen in the following classes:

(i) The 10-mile segment from the origin of Cisco

Branch Ontonagon at Cisco Lake Dam to the County Road

527 crossing, as a recreational river.

(ii) The 27-mile segment from the Forest Development

Road 527 crossing to the confluence of the Cisco Branch

and Ten-Mile Creek, as a scenic river.

(D) The 15-mile segment of the West Branch Ontonagon

from its confluence with Cascade Falls to Victoria Reservoir, in

the following classes:

(i) The 10.5-mile segment from its confluence with

Cascade Falls to its confluence with the South Branch

Ontonagon, as a recreational river.

(ii) The 4.5-mile segment from its confluence with the

South Branch Ontonagon to Victoria Reservoir, as a recreational river.

Nothwithstanding 1 any limitation contained in this Act, the Secretary is authorized to acquire lands and interests in lands which,

as of August 1, 1990, were owned by Upper Peninsula Energy Corporation, and notwithstanding any such limitation, such lands

shall be retained and managed by the Secretary as part of the Ottawa National Forest, and those lands so acquired which are within the boundaries of any segment designated under this paragraph

shall be retained and managed pursuant to this Act.

(125) PAINT, MICHIGAN.—Segments of the mainstream and certain tributaries, totaling 51 miles, to be administered by the Secretary of Agriculture as follows:

(A) The 6-mile segment of the main stem from the confluence of the North and South Branches Paint to the Ottawa

National Forest boundary, as a recreational river.

(B) The 17-mile segment of the North Branch Paint from

its origin at Mallard Lake to its confluence with the South

Branch Paint, as a recreational river.

(C) The 28-mile segment of the South Branch Paint from

its origin at Paint River Springs to its confluence with the

North Branch Paint, as a recreational river.

(126) PINE, MICHIGAN.—The 25-mile segment from Lincoln

Bridge to the east 1/16th line of section 16, township 21 north,
1–41 Sec. 3 WILD AND SCENIC RIVERS ACT

range 13 west, to be administered by the Secretary of Agriculture

as a scenic river.

(127) PRESQUE ISLE, MICHIGAN.—Segments of the mainstream

and certain tributaries, totaling 57 miles, to be administered by the

Secretary of Agriculture as follows:

(A) The 23-mile segment of the mainstream, from the confluence of the East and West Branches of Presque Isle to

Minnewawa Falls, to be classified as follows:

(i) The 17-mile segment from the confluence of the

East and West Branches Presque Isle to Michigan State

Highway 28, as a recreational river.

(ii) The 6-mile segment from Michigan State Highway

28 to Minnewawa Falls, as a scenic river.

(B) The 14-mile segment of the East Branch Presque Isle

within the Ottawa National Forest, as a recreational river.

(C) The 7-mile segment of the South Branch Presque Isle

within the Ottawa National Forest, as a recreational river.

(D) The 13-mile segment of the West Branch Presque Isle

within the Ottawa National Forest, as a scenic river.

(128) STURGEON, HIAWATHA NATIONAL FOREST, MICHIGAN.— The 43.9-mile segment from the north line of section 26, township

43 north, range 19 west, to Lake Michigan, to be administered by

the Secretary of Agriculture in the following classes:

(A) The 21.7-mile segment from the north line of section

26, township 43 north, range 19 west, to Forest Highway 13

as a scenic river.

(B) The 22.2-mile segment from Forest Highway 13 to

Lake Michigan as a recreational river.

(129) STURGEON, OTTAWA NATIONAL FOREST, MICHIGAN.—The

25-mile segment from its entry into the Ottawa National Forest to

the northern boundary of the Ottawa National Forest, to be administered by the Secretary of Agriculture in the following classes:

(A) The 16.5-mile segment from its entry into the Ottawa

National Forest to Prickett Lake, as a wild river.

(B) The 8.5-mile segment from the outlet of Prickett Lake

Dam to the northern boundary of the Ottawa National Forest,

as a scenic river.

(130) EAST BRANCH OF THE TAHQUAMENON, MICHIGAN.—The

13.2-mile segment from its origin in section 8, township 45 north,

range 5 west, to the Hiawatha National Forest boundary, to be administered by the Secretary of Agriculture in the following classes:

(A) The 10-mile segment from its origin in section 8, township 45 north, range 5 west, to the center of section 20, township 46 north, range 6 west, as a recreational river.

(B) The 3.2-mile segment from the center of section 20,

township 46 north, range 6 west, to the boundary of the Hiawatha National Forest, as a wild river.

(131) WHITEFISH, MICHIGAN.—Segments of the mainstream

and certain tributaries, totaling 33.6 miles, to be administered by

the Secretary of Agriculture as follows:

(A) The 11.1-mile segment of the mainstream from its confluence with the East and West Branches of the Whitefish to

Lake Michigan in the following classes:

(i) The 9-mile segment from its confluence with the

East and West Branches of the Whitefish to the center of
Sec. 3 WILD AND SCENIC RIVERS ACT 1–42

1For related provisions regarding the Allegheny River Segment, paragraph (133), see the item

in this compilation entitled ‘‘Allegheny River Segment’’. 2For related provisions regarding the Cossatot River Segment, paragraph (136), see the item

in this compilation entitled ‘‘Arkansas Wild and Scenic Rivers Act of 1992’’.

section 16, township 41 north, range 21 west, as a scenic

river.

(ii) The 2.1-mile segment from the center of section 16,

township 41 north, range 21 west, to Lake Michigan, as a

recreational river.

(B) The 15-mile segment of the East Branch Whitefish

from the crossing of County Road 003 in section 6, township

44 north, range 20 west, to its confluence with the West

Branch Whitefish, as a scenic river.

(C) The 7.5-mile segment of the West Branch Whitefish

from County Road 444 to its confluence with the East Branch

Whitefish, as a scenic river.

(132) YELLOW DOG, MICHIGAN.—The 4-mile segment from its

origin at the outlet of Bulldog Lake Dam to the boundary of the

Ottawa National Forest, to be administered by the Secretary of Agriculture as a wild river.

(133) 1 ALLEGHENY, PENNSYLVANIA.—The segment from Kinzua

Dam downstream approximately 7 miles to the United States

Route 6 Bridge, and the segment from Buckaloons Recreation Area

at Irvine, Pennsylvania, downstream approximately 47 miles to the

southern end of Alcorn Island at Oil City, to be administered by

the Secretary of Agriculture as a recreational river through a cooperative agreement with the Commonwealth of Pennsylvania and

the counties of Warren, Forest, and Venango, as provided under

section 10(e) of this Act; and the segment from the sewage treatment plant at Franklin downstream approximately 31 miles to the

refinery at Emlenton, Pennsylvania, to be administered by the Secretary of Agriculture as a recreational river through a cooperative

agreement with the Commonwealth of Pennsylvania and Venango

County, as provided under section 10(e) of this Act.

(134) BIG PINEY CREEK, ARKANSAS.—The 45.2-mile segment

from its origin in section 27, township 13 north, range 23 west, to

the Ozark National Forest boundary, to be administered by the

Secretary of Agriculture as a scenic river.

(135) BUFFALO RIVER, ARKANSAS.—The 15.8-mile segment from

its origin in section 22, township 14 north, range 24 west, to the

Ozark National Forest boundary, to be administered by the Secretary of Agriculture in the following classes:

(A) The 6.4-mile segment from its origin in section 22,

township 14 north, range 24 west, to the western boundary of

the Upper Buffalo Wilderness, as a scenic river.

(B) The 9.4-mile segment from the western boundary of

the Upper Buffalo Wilderness to the Ozark National Forest

boundary, as a wild river.

(136) 2 COSSATOT RIVER, ARKANSAS.—Segments of the main

stem and certain tributaries, totaling 20.1 miles, to be administered as follows:

(A) The 4.2-mile segment of the main stem from its confluence with Mine Creek to the Caney Creek Wilderness

Boundary on the north section line of section 13, township 4
1–43 Sec. 3 WILD AND SCENIC RIVERS ACT

south, range 30 west, to be administered by the Secretary of

Agriculture as a recreational river.

(B) The 6.9-mile segment of the main stem from the Caney

Creek Wilderness Boundary on the north section line of section

13, township 4 south, range 30 west, to the south section line

of section 20, township 4 south, range 30 west, to be administered by the Secretary of Agriculture as a scenic river.

(C) The 4.4-mile segment of the Brushy Creek tributary

from the north line of the south 1⁄2 of the southeast 1⁄4 of section 7, township 4 south, range 30 west, to the south section

line of section 20, township 4 south, range 30 west, to be administered by the Secretary of Agriculture as a scenic river.

(D) The 4.6-mile segment of the main stem from the State

Highway 4 bridge to Duchett’s Ford, to be administered by the

Secretary of the Army as a scenic river consistent with the operation of Gillham Dam (as authorized by section 203 of the

Flood Control Act of 1958 (Public Law 85–500)). For purposes

of management of such segment, the Secretary of the Army

may enter into a cooperative agreement or memorandum of understanding or other appropriate arrangement with the Secretary of Agriculture or an appropriate official of the State of

Arkansas.

(137) HURRICANE CREEK, ARKANSAS.—The 15.5-mile segment

from its origin in section 1, township 13 north, range 21 west, to

its confluence with Big Piney Creek, to be administered by the Secretary of Agriculture in the following classes:

(A) The 11.8-mile segment from its origin in section 1,

township 13 north, range 21 west, to the western boundary of

the private land bordering Hurricane Creek Wilderness, as a

scenic river.

(B) The 2.4-mile segment from the western boundary of

the private land bordering the Hurricane Creek Wilderness to

the Hurricane Creek Wilderness boundary, as a wild river.

(C) The 1.3-mile segment from the Hurricane Creek Wilderness boundary to its confluence with Big Piney Creek, as a

scenic river.

(138) LITTLE MISSOURI RIVER, ARKANSAS.—Segments totaling

15.7 miles, to be administered by the Secretary of Agriculture in

the following classes:

(A) The 11.3-mile segment from its origin in the northwest 1⁄4 of section 32, township 3 south, range 28 west, to the west

section line of section 22, township 4 south, range 27 west, as

a scenic river.

(B) The 4.4-mile segment from the north line of the southeast 1⁄4 of the southeast 1⁄4 of section 28, township 4 south,

range 27 west, to the north line of the northwest 1⁄4 of the

southwest 1⁄4 of section 5, township 5 south, range 27 west, as

a wild river.

(139) MULBERRY RIVER, ARKANSAS.—The 56.0-mile segment

from its origin in section 32, township 13 north, range 23 west, to

the Ozark National Forest boundary, to be administered by the

Secretary of Agriculture in the following classes:

(A) The 36.6-mile segment from its origin in section 32,

township 13 north, range 23 west, to Big Eddy Hollow in sec-
Sec. 3 WILD AND SCENIC RIVERS ACT 1–44

1For related provisions regarding the Great Egg Harbor River, paragraph (145), see the item

in this compilation entitled ‘‘Great Egg Harbor River Segment’’.

tion 3, township 11 north, range 27 west, as a recreational

river.

(B) The 19.4-mile segment from Big Eddy Hollow in section 3, township 11 north, range 27 west, to the Ozark National Forest boundary, as a scenic river.

(140) NORTH SYLAMORE CREEK, ARKANSAS.—The 14.5-mile segment from the Clifty Canyon Botanical Area boundary to its confluence with the White River, to be administered by the Secretary

of Agriculture as a scenic river.

(141) RICHLAND CREEK, ARKANSAS.—The 16.5-mile segment

from its origin in section 35, township 13 north, range 20 west, to

the northern boundary of section 32, township 14 north, range 18

west, to be administered by the Secretary of Agriculture in the following classes:

(A) The 7.8-mile segment from its origin in section 35,

township 13 north, range 20 west, to the western boundary of

the Richland Creek Wilderness, as a scenic river.

(B) The 5.3-mile segment from the western boundary of

the Richland Creek Wilderness to the eastern boundary of the

Richland Creek Wilderness, as a wild river.

(C) The 3.4-mile segment from the eastern boundary of the

Richland Creek Wilderness to the northern boundary of section

32, township 14 north, range 18 west, as a scenic river.

(142) SESPE CREEK, CALIFORNIA.—The 4-mile segment of the

main stem of the creek from its confluence with Rock Creek and

Howard Creek downstream to its confluence with Trout Creek, to

be administered by the Secretary of Agriculture as a scenic river;

and the 27.5-mile segment of the main stem of the creek extending

from its confluence with Trout Creek downstream to where it

leaves section 26, township 5 north, range 20 west, to be administered by the Secretary of Agriculture as a wild river.

(143) SISQUOC RIVER, CALIFORNIA.—The 33-mile segment of

the main stem of the river extending from its origin downstream

to the Los Padres Forest boundary, to be administered by the Secretary of Agriculture as a wild river.

(144) BIG SUR RIVER, CALIFORNIA.—The main stems of the

South Fork and North Fork of the Big Sur River from their headwaters to their confluence and the main stem of the river from the

confluence of the South and North Forks downstream to the boundary of the Ventana Wilderness in Los Padres National Forest, for

a total distance of approximately 19.5 miles, to be administered by

the Secretary of Agriculture as a wild river.

(145) 1 GREAT EGG HARBOR, NEW JERSEY.—39.5 miles of the

main stem to be administered by the Secretary of the Interior in

the following classifications:

(A) from the mouth of the Patcong Creek to the mouth of

Perch Cove Run, approximately 10 miles, as a scenic river;

(B) from Perch Cove Run to the Mill Street Bridge, approximately 5.5 miles, as a recreational river;

(C) from Lake Lenape to the Atlantic City Expressway, approximately 21 miles, as a recreational river; and
1–45 Sec. 3 WILD AND SCENIC RIVERS ACT

1 In subparagraph (K), ‘‘Right-of-Way’’ need not be capitalized.

(D) from Williamstown-New Freedom Road to the Pennsylvania Railroad right-of-way, approximately 3 miles, as a recreational river, and

89.5 miles of the following tributaries to be administered by the

Secretary of the Interior in the following classifications:

(E) Squankum Branch from its confluence with Great Egg

Harbor River to Malaga Road, approximately 4.5 miles, as a

recreational river;

(F) Big Bridge Branch, from its confluence with Great Egg

Harbor River to headwaters, approximately 2.2 miles, as a recreational river;

(G) Penny Pot Stream Branch, from its confluence with

Great Egg Harbor River to 14th Street, approximately 4.1

miles, as a recreational river;

(H) Deep Run, from its confluence with Great Egg Harbor

River to Pancoast Mill Road, approximately 5.4 miles, as a recreational river;

(I) Mare Run, from its confluence with Great Egg Harbor

River to Weymouth Avenue, approximately 3 miles, as a recreational river;

(J) Babcock Creek, from its confluence with Great Egg

Harbor River to headwaters, approximately 7.5 miles, as a recreational river;

(K) Gravelly Run, from its confluence with Great Egg Harbor River to Pennsylvania Railroad Right-of-Way 1, approximately 2.7 miles, as a recreational river;

(L) Miry Run, from its confluence with Great Egg Harbor

River to Asbury Road, approximately 1.7 miles, as a recreational river;

(M) South River, from its confluence with Great Egg Harbor River to Main Avenue, approximately 13.5 miles, as a recreational river;

(N) Stephen Creek, from its confluence with Great Egg

Harbor River to New Jersey Route 50, approximately 2.3 miles,

as a recreational river;

(O) Gibson Creek, from its confluence with Great Egg Harbor River to First Avenue, approximately 5.6 miles, as a recreational river;

(P) English Creek, from its confluence with Great Egg

Harbor River to Zion Road, approximately 3.5 miles, as a recreational river;

(Q) Lakes Creek, from its confluence with Great Egg Harbor River to the dam, approximately 2.2 miles, as a recreational river;

(R) Middle River, from its confluence with Great Egg Harbor River to the levee, approximately 5.6 miles, as a scenic

river;

(S) Patcong Creek, from its confluence with Great Egg

Harbor River to Garden State Parkway, approximately 2.8

miles, as a recreational river;

(T) Tuckahoe River (lower segment) from its confluence

with Great Egg Harbor River to the Route 50 bridge, approximately 9 miles, as a scenic river;
Sec. 3 WILD AND SCENIC RIVERS ACT 1–46

2For related provisions regarding paragraphs (146) through (153), see the item in this compilation entitled ‘‘Other New Jersey Segments’’. 1 In paragraph (154), the heading should be ‘‘RED RIVER, KENTUCKY’’ rather than ‘‘RED RIVER,

KENTUCKY’’.

(U) Tuckahoe River, from the Route 50 Bridge to Route 49

Bridge, approximately 7.3 miles, as a recreational river; and

(V) Cedar Swamp Creek, from its confluence with

Tuckahoe River to headwaters, approximately 6 miles, as a

scenic river.

(146) 2 THE MAURICE RIVER, MIDDLE SEGMENT.—From Route

670 Bridge at Mauricetown to 3.6 miles upstream (at drainage

ditch just upstream of Fralinger Farm), approximately 3.8 miles to

be administered by the Secretary of the Interior as a scenic river.

(147) THE MAURICE RIVER, MIDDLE SEGMENT.—From the

drainage ditch just upstream of Fralinger Farm to one-half mile

upstream from the United States Geological Survey Station at

Burcham Farm, approximately 3.1 miles, to be administered by the

Secretary of the Interior as a recreational river.

(148) THE MAURICE RIVER, UPPER SEGMENT.—From one-half

mile upstream from the United States Geological Survey Station at

Burcham Farm to the south side of the Millville sewage treatment

plant, approximately 3.6 miles, to be administered by the Secretary

of the Interior as a scenic river.

(149) THE MENANTICO CREEK, LOWER SEGMENT.—From its confluence with the Maurice River to the Route 55 Bridge, approximately 1.4 miles, to be administered by the Secretary of the Interior as a recreational river.

(150) THE MENANTICO CREEK, UPPER SEGMENT.—From the

Route 55 Bridge to the base of the impoundment at Menantico

Lake, approximately 6.5 miles, to be administered by the Secretary

of the Interior as a scenic river.

(151) MANUMUSKIN RIVER, LOWER SEGMENT.—From its confluence with the Maurice River to a point 2.0 miles upstream, to

be administered by the Secretary of the Interior as a recreational

river.

(152) MANUMUSKIN RIVER, UPPER SEGMENT.—From a point 2.0

miles upstream from its confluence with the Maurice River to its

headwaters near Route 557, approximately 12.3 miles, to be administered by the Secretary of the Interior as a scenic river.

(153) MUSKEE CREEK, NEW JERSEY.—From its confluence with

the Maurice River to the Pennsylvania Seashore Line Railroad

Bridge, approximately 2.7 miles, to be administered by the Secretary of the Interior as a scenic river.

(154)(A) RED RIVER, KENTUCKY 1.—The 19.4-mile segment of the

Red River extending from the Highway 746 Bridge to the School

House Branch, to be administered by the Secretary of Agriculture

in the following classes:

(i) The 9.1-mile segment known as the ‘‘Upper Gorge’’ from

the Highway 746 Bridge to Swift Camp Creek, as a wild river.

This segment is identified as having the same boundary as the

Kentucky Wild River.

(ii) The 10.3-mile segment known as the ‘‘Lower Gorge’’

from Swift Camp Creek to the School House Branch, as a recreational river.
1–47 Sec. 3 WILD AND SCENIC RIVERS ACT

2For related provisions regarding the Farmington River Segment, paragraph (156), see the

item in this compilation entitled ‘‘Farmington Wild and Scenic River Act’’. 1The margin of paragraph (157 should be moved 2-ems to left and the paragraph heading

should conform to the style otherwise used in the subsection.

(B) There are authorized to be appropriated such sums as are

necessary to carry out this paragraph.

(155) RIO GRANDE, NEW MEXICO.—The main stem from the

southern boundary of the segment of the Rio Grande designated

pursuant to paragraph (4), downstream approximately 12 miles to

the west section line of Section 15, Township 23 North, Range 10

East, to be administered by the Secretary of the Interior as a scenic

river.

(156) 2 FARMINGTON RIVER, CONNECTICUT.—The 14-mile segment of the West Branch and mainstem extending from immediately below the Goodwin Dam and Hydroelectric Project in Hartland, Connecticut, to the downstream end of the New HartfordCanton, Connecticut, town line (hereinafter in this paragraph referred to as the ‘‘segment’’), as a recreational river, to be administered by the Secretary of the Interior through cooperative agreements between the Secretary of the Interior and the State of Connecticut and its relevant political subdivisions, namely the Towns

of Colebrook, Hartland, Barkhamsted, New Hartford, and Canton

and the Hartford Metropolitan District Commission, pursuant to

section 10(e) of this Act. The segment shall be managed in accordance with the Upper Farmington River Management Plan, dated

April 29, 1993, and such amendments thereto as the Secretary of

the Interior determines are consistent with this Act. Such plan

shall be deemed to satisfy the requirement for a comprehensive

management plan pursuant to section 3(d) of this Act.

(157) 1 CLARION RIVER, PENNSYLVANIA.—The 51.7-mile segment of the main stem of the Clarion River from the Allegheny

National Forest/State Game Lands Number 44 boundary, located approximately 0.7 miles downstream from the Ridgway

Borough limit, to an unnamed tributary in the backwaters of

Piney Dam approximately 0.6 miles downstream from Blyson

Run, to be administered by the Secretary of Agriculture in the

following classifications:

(A) The approximately 8.6-mile segment of the main

stem from the Allegheny National Forest/State Game

Lands Number 44 boundary, located approximately 0.7

miles downstream from the Ridgway Borough limit, to

Portland Mills, as a recreational river.

(B) The approximately 8-mile segment of the main

stem from Portland Mills to the Allegheny National Forest

boundary, located approximately 0.8 miles downstream

from Irwin Run, as a scenic river.

(C) The approximately 26-mile segment of the main

stem from the Allegheny National Forest boundary, located approximately 0.8 miles downstream from Irwin

Run, to the State Game Lands 283 boundary, located approximately 0.9 miles downstream from the Cooksburg

bridge, as a recreational river.

(D) The approximately 9.1-mile segment of the main

stem from the State Game Lands 283 boundary, located

approximately 0.9 miles downstream from the Cooksburg
Sec. 3 WILD AND SCENIC RIVERS ACT 1–48

2Paragraph (158) was added by subsection (a) of section 405 of division I of the Omnibus

Parks and Public Lands Management Act of 1996 (Public Law 104–333; 110 Stat. 4149). Subsection (b) of such section 405 provides as follows:

(b) MANAGEMENT.— (1) COMMITTEE.—The Secretary of the Interior shall coordinate his management responsibilities under the Wild and Scenic Rivers Act with respect to the segment designated by subsection (a) with the Lamprey River Advisory Committee established pursuant to New

Hampshire RSA 483.

(2) LAND MANAGEMENT.—The zoning ordinances duly adopted by the towns of Epping, Durham, Lee, and Newmarket, New Hampshire, including provisions for conservation of

shorelands, floodplains, and wetlands associated with the segment, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act, and

the provisions of that section, which prohibit Federal acquisition of lands by condemnation,

shall apply to the segment designated by subsection (a). The authority of the Secretary to

acquire lands for the purposes of this paragraph shall be limited to acquisition by donation

or acquisition with the consent of the owner thereof, and shall be subject to the additional

criteria set forth in the Lamprey River Management Plan.

bridge, to an unnamed tributary at the backwaters of

Piney Dam, located approximately 0.6 miles downstream

from Blyson Run, as a scenic river.

(158) 2 LAMPREY RIVER, NEW HAMPSHIRE.—The 23.5-mile segment extending from the Bunker Pond Dam in Epping to the confluence with the Piscassic River in the vicinity of the DurhamNewmarket town line (hereinafter in this paragraph referred to as

the ‘‘segment’’) as a recreational river. The segment shall be administered by the Secretary of the Interior through cooperative agreements between the Secretary and the State of New Hampshire and

its relevant political subdivisions, namely the towns of Epping,

Durham, Lee, and Newmarket, pursuant to section 10(e) of this

Act. The segment shall be managed in accordance with the Lamprey River Management Plan dated January 10, 1995, and such

amendments thereto as the Secretary of the Interior determines

are consistent with this Act. Such plan shall be deemed to satisfy

the requirements for a comprehensive management plan pursuant

to section 3(d) of this Act.

(159)(A) ELKHORN CREEK.—The 6.4-mile segment traversing

federally administered lands from that point along the Willamette

National Forest boundary on the common section line between Sections 12 and 13, Township 9 South, Range 4 East, Willamette Meridian, to that point where the segment leaves Federal ownership

along the Bureau of Land Management boundary in Section 1,

Township 9 South, Range 3 East, Willamette Meridian, in the following classes:

(i) a 5.8-mile wild river area, extending from that point

along the Willamette National Forest boundary on the common

section line between Sections 12 and 13, Township 9 South,

Range 4 East, Willamette Meridian, to its confluence with

Buck Creek in Section 1, Township 9 South, Range 3 East,

Willamette Meridian, to be administered as agreed on by the

Secretaries of Agriculture and the Interior, or as directed by

the President; and

(ii) a 0.6-mile scenic river area, extending from the confluence with Buck Creek in Section 1, Township 9 South,

Range 3 East, Willamette Meridian, to that point where the

segment leaves Federal ownership along the Bureau of Land

Management boundary in Section 1, Township 9 South, Range

3 East, Willamette Meridian, to be administered by the Secretary of Interior, or as directed by the President.
1–49 Sec. 3 WILD AND SCENIC RIVERS ACT

1For a related provision regarding the Sudbury, Assabet, and Concord Rivers, see the item

in this compilation entitled ‘‘Sudbury, Assabet, and Concord Wild and Scenic River Act’’. 1So in law. Probably should read ‘‘Concord,’’.

(B) Notwithstanding section 3(b) of this Act, the lateral boundaries of both the wild river area and the scenic river area along

Elkhorn Creek shall include an average of not more than 640 acres

per mile measured from the ordinary high water mark on both

sides of the river.

(160) 1 SUDBURY, ASSABET, AND CONCORD RIVERS, MASSACHU- SETTS.—(A) The 29 miles of river segments in Massachusetts, as

follows:

(i) The 14.9-mile segment of the Sudbury River beginning

at the Danforth Street Bridge in the town of Framingham,

downstream to the Route 2 Bridge in Concord, as a scenic

river.

(ii) The 1.7-mile segment of the Sudbury River from the

Route 2 Bridge downstream to its confluence with the Assabet

River at Egg Rock, as a recreational river.

(iii) The 4.4-mile segment of the Assabet River beginning

1,000 feet downstream from the Damon Mill Dam in the town

of Concord, to its confluence with the Sudbury River at Egg

Rock in Concord; 1 as a recreational river.

(iv) The 8-mile segment of the Concord River from Egg

Rock at the confluence of the Sudbury and Assabet Rivers

downstream to the Route 3 Bridge in the town of Billerica, as

a recreational river.

(B) The segments referred to in subparagraph (A) shall be administered by the Secretary of the Interior in cooperation with the

SUASCO River Stewardship Council provided for in the plan referred to in subparagraph (C) through cooperative agreements

under section 10(e) between the Secretary and the Commonwealth

of Massachusetts and its relevant political subdivisions (including

the towns of Framingham, Wayland, Sudbury, Lincoln, Concord,

Carlisle, Bedford, and Billerica).

(C) The segments referred to in subparagraph (A) shall be

managed in accordance with the plan entitled ‘‘Sudbury, Assabet

and Concord Wild and Scenic River Study, River Conservation

Plan’’, dated March 16, 1995. The plan is deemed to satisfy the requirement for a comprehensive management plan under subsection

(d) of this section.

(161) WILSON CREEK, NORTH CAROLINA.—(A) The 23.3 mile

segment of Wilson Creek in the State of North Carolina from its

headwaters to its confluence with Johns River, to be administered

by the Secretary of Agriculture in the following classifications:

(i) The 2.9 mile segment from its headwaters below

Calloway Peak downstream to the confluence of Little Wilson

Creek, as a scenic river.

(ii) The 4.6 segment from Little Wilson Creek downstream

to the confluence of Crusher Branch, as a wild river.

(iii) The 15.8 segment from Crusher Branch downstream

to the confluence of Johns River, as a recreational river.

(B) The Forest Service or any other agency of the Federal Government may not undertake condemnation proceedings for the purpose of acquiring public right-of-way or access to Wilson Creek

against the private property of T. Henry Wilson, Jr., or his heirs
Sec. 3 WILD AND SCENIC RIVERS ACT 1–50

2So in law. This second paragraph (161) was added by section 3 of the Wekiva Wild and Scenic River Act of 2000 (Public Law 106–299; 114 Stat. 1051).

For a related provision regarding the Wekiva River, Wekiwa Springs Run, Rock Springs Run,

and Black Water Creek, see the item in this compilation entitled ‘‘Wekiva Wild and Scenic River

Act of 2000’’.

or assigns, located in Avery County, North Carolina (within the

area 36°, 4 min., 21 sec. North 81°, 47 min., 37° West and 36°, 3

min., 13 sec. North and 81° 45 min. 55 sec. West), in the area of

Wilson Creek designated as a wild river.

(161) 2 WEKIVA RIVER, WEKIWA SPRINGS RUN, ROCK SPRINGS

RUN, AND BLACK WATER CREEK, FLORIDA.—The 41.6-mile segments

referred to in this paragraph, to be administered by the Secretary

of the Interior:

(A) WEKIVA RIVER AND WEKIWA SPRINGS RUN.—The 14.9

miles of the Wekiva River, along Wekiwa Springs Run from its

confluence with the St. Johns River to Wekiwa Springs, to be

administered in the following classifications:

(i) From the confluence with the St. Johns River to the

southern boundary of the Lower Wekiva River State Preserve, approximately 4.4 miles, as a wild river.

(ii) From the southern boundary of the Lower Wekiva

River State Preserve to the northern boundary of Rock

Springs State Reserve at the Wekiva River, approximately

3.4 miles, as a recreational river.

(iii) From the northern boundary of Rock Springs

State Reserve at the Wekiva River to the southern boundary of Rock Springs State Reserve at the Wekiva River,

approximately 5.9 miles, as a wild river.

(iv) From the southern boundary of Rock Springs

State Reserve at the Wekiva River upstream along

Wekiwa Springs Run to Wekiwa Springs, approximately

1.2 miles, as a recreational river.

(B) ROCK SPRINGS RUN.—The 8.8 miles from the confluence

of Rock Springs Run with the Wekiwa Springs Run forming

the Wekiva River to its headwaters at Rock Springs, to be administered in the following classifications:

(i) From the confluence with Wekiwa Springs Run to

the western boundary of Rock Springs Run State Reserve

at Rock Springs Run, approximately 6.9 miles, as a wild

river.

(ii) From the western boundary of Rock Springs Run

State Reserve at Rock Springs Run to Rock Springs, approximately 1.9 miles, as a recreational river.

(C) BLACK WATER CREEK.—The 17.9 miles from the confluence of Black Water Creek with the Wekiva River to outflow

from Lake Norris, to be administered in the following classifications:

(i) From the confluence with the Wekiva River to approximately .25 mile downstream of the Seminole State

Forest road crossing, approximately 4.1 miles, as a wild

river.

(ii) From approximately .25 mile downstream of the

Seminole State Forest road to approximately .25 mile upstream of the Seminole State Forest road crossing, approximately .5 mile, as a scenic river.
1–51 Sec. 3 WILD AND SCENIC RIVERS ACT

1For a related provision regarding White Clay Creek, see the item in this compilation entitled

‘‘White Clay Creek Wild and Scenic Rivers System Act’’.

(iii) From approximately .25 mile upstream of the

Seminole State Forest road crossing to approximately .25

mile downstream of the old railroad grade crossing (approximately River Mile 9), approximately 4.4 miles, as a

wild river.

(iv) From approximately .25 mile downstream of the

old railroad grade crossing (approximately River Mile 9),

upstream to the boundary of Seminole State Forest (approximately River Mile 10.6), approximately 1.6 miles, as

a scenic river.

(v) From the boundary of Seminole State Forest (approximately River Mile 10.6) to approximately .25 mile

downstream of the State Road 44 crossing, approximately

.9 mile, as a wild river.

(vi) From approximately .25 mile downstream of State

Road 44 to approximately .25 mile upstream of the State

Road 44A crossing, approximately .6 mile, as a recreational river.

(vii) From approximately .25 mile upstream of the

State Road 44A crossing to approximately .25 mile downstream of the Lake Norris Road crossing, approximately

4.7 miles, as a wild river.

(viii) From approximately .25 mile downstream of the

Lake Norris Road crossing to the outflow from Lake Norris, approximately 1.1 miles, as a recreational river.

(162) 1 WHITE CLAY CREEK, DELAWARE AND PENNSYLVANIA.—

The 190 miles of river segments of White Clay Creek (including

tributaries of White Clay Creek and all second order tributaries of

the designated segments) in the States of Delaware and Pennsylvania, as depicted on the recommended designation and classification maps (dated June 2000), to be administered by the Secretary

of the Interior, as follows:

(A) 30.8 miles of the east branch, including Trout Run, beginning at the headwaters within West Marlborough township

downstream to a point that is 500 feet north of the Borough

of Avondale wastewater treatment facility, as a recreational

river.

(B) 15.0 miles of the east branch beginning at the southern

boundary line of the Borough of Avondale to a point where the

East Branch enters New Garden Township at the Franklin

Township boundary line, including Walnut Run and Broad Run

outside the boundaries of the White Clay Creek Preserve, as a

recreational river.

(C) 4.0 miles of the east branch that flow through the

boundaries of the White Clay Creek Preserve, Pennsylvania,

beginning at the northern boundary line of London Britain

township and downstream to the confluence of the middle and

east branches, as a scenic river.

(D) 6.8 miles of the middle branch, beginning at the headwaters within Londonderry township downstream to a point

that is 500 feet north of the Borough of West Grove wastewater treatment facility, as a recreational river.
Sec. 3 WILD AND SCENIC RIVERS ACT 1–52

1The paragraph regarding Wildhorse and Kiger Creeks, Oregon, is undesignated. The paragraph was added by subsection (b) of section 301 of the Steens Mountain Cooperative Management and Protection Act of 2000 (Public Law 106–399; 114 Stat. 1668). Subsection (c) of such

section 301 provides as follows:

(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 [Steens Mountain] Wilderness Area, the more restrictive requirements shall

apply.

(E) 14 miles of the middle branch, beginning at a point

that is 500 feet south of the Borough of West Grove wastewater treatment facility downstream to the boundary of the

White Clay Creek Preserve in London Britain township, as a

recreational river.

(F) 2.1 miles of the middle branch that flow within the

boundaries of the White Clay Creek Preserve in London Britain township, as a scenic river.

(G) 17.2 miles of the west branch, beginning at the headwaters within Penn township downstream to the confluence

with the middle branch, as a recreational river.

(H) 12.7 miles of the main stem, excluding Lamborn Run,

that flow through the boundaries of the White Clay Creek Preserve, Pennsylvania and Delaware, and White Clay Creek

State Park, Delaware, beginning at the confluence of the east

and middle branches in London Britain township, Pennsylvania, downstream to the northern boundary line of the city of

Newark, Delaware, as a scenic river.

(I) 5.4 miles of the main stem (including all second order

tributaries outside the boundaries of the White Clay Creek

Preserve and White Clay Creek State Park), beginning at the

confluence of the east and middle branches in London Britain

township, Pennsylvania, downstream to the northern boundary

of the city of Newark, Delaware, as a recreational river.

(J) 16.8 miles of the main stem beginning at Paper Mill

Road downstream to the Old Route 4 bridge, as a recreational

river.

(K) 4.4 miles of the main stem beginning at the southern

boundary of the property of the corporation known as United

Water Delaware downstream to the confluence of White Clay

Creek with the Christina River, as a recreational river.

(L) 1.3 miles of Middle Run outside the boundaries of the

Middle Run Natural Area, as a recreational river.

(M) 5.2 miles of Middle Run that flow within the boundaries of the Middle Run Natural Area, as a scenic river.

(N) 15.6 miles of Pike Creek, as a recreational river.

(O) 38.7 miles of Mill Creek, as a recreational river.

( ) 1 WILDHORSE AND KIGER CREEKS, OREGON.—The following

segments in the Steens Mountain Cooperative Management and

Protection Area in the State of Oregon, to be administered by the

Secretary of the Interior as wild rivers:

(A) The 2.6-mile segment of Little Wildhorse Creek from

its headwaters to its confluence with Wildhorse Creek.

(B) The 7.0-mile segment of Wildhorse Creek from its

headwaters, and including .36 stream miles into section 34,

township 34 south, range 33 east.

(C) The approximately 4.25-mile segment of Kiger Creek

from its headwaters to the point at which it leaves the Steens
1–53 Sec. 3 WILD AND SCENIC RIVERS ACT

2This third paragraph (161) was added by section 3 of the Lower Delaware Wild and Scenic

Rivers Act (Public Law 106–418; 114 Stat. 1817). For a related provision regarding the lower

Delaware River and associated tributaries, see the item in this compilation entitled ‘‘Lower

Delaware Wild and Scenic Rivers Act’’. 1 In subsection (b), the word ‘‘if’’ should be ‘‘is’’.

Mountain Wilderness Area within the Steens Mountain Cooperative Management and Protection Area.

(161) 2 LOWER DELAWARE RIVER AND ASSOCIATED TRIBUTARIES, NEW JERSEY AND PENNSYLVANIA.—(A) The 65.6 miles of

river segments in New Jersey and Pennsylvania, consisting

of—

(i) the segment from river mile 193.8 to the northern

border of the city of Easton, Pennsylvania (approximately

10.5 miles), as a recreational river;

(ii) the segment from a point just south of the Gilbert

Generating Station to a point just north of the Point Pleasant Pumping Station (approximately 14.2 miles), as a recreational river;

(iii) the segment from the point just south of the Point

Pleasant Pumping Station to a point 1,000 feet north of

the Route 202 bridge (approximately 6.3 miles), as a recreational river;

(iv) the segment from a point 1,750 feet south of the

Route 202 bridge to the southern border of the town of

New Hope, Pennsylvania (approximately 1.9 miles), as a

recreational river;

(v) the segment from the southern boundary of the

town of New Hope, Pennsylvania, to the town of Washington Crossing, Pennsylvania (approximately 6 miles), as

a recreational river;

(vi) Tinicum Creek (approximately 14.7 miles), as a

scenic river;

(vii) Tohickon Creek from the Lake Nockamixon Dam

to the Delaware River (approximately 10.7 miles), as a scenic river; and

(viii) Paunacussing Creek in Solebury Township (approximately 3 miles), as a recreational river.

(B) ADMINISTRATION.—The river segments referred to in

subparagraph (A) shall be administered by the Secretary of the

Interior. Notwithstanding section 10(c), the river segments

shall not be administered as part of the National Park System.

(b) The agency charged with the administration of each component of the national wild and scenic rivers system designated by

subsection (a) of this section shall, within one year from the date

of designation of such component under subsection (a) (except

where a different date if 1 provided in subsection (a)), establish detailed boundaries therefor (which boundaries shall include an average of not more than 320 acres of land per mile measured from the

ordinary high water mark on both sides of the river); and determine which of the classes outlined in section 2, subsection (b), of

this Act best fit the river or its various segments.

Notice of the availability of the boundaries and classification,

and of subsequent boundary amendments shall be published in the

Federal Register and shall not become effective until ninety days
Sec. 4 WILD AND SCENIC RIVERS ACT 1–54

after they have been forwarded to the President of the Senate and

the Speaker of the House of Representatives.

(c) Maps of all boundaries and descriptions of the classifications of designated river segments, and subsequent amendments to

such boundaries, shall be available for public inspection in the offices of the administering agency in the District of Columbia and

in locations convenient to the designated river.

(d)(1) For rivers designated on or after January 1, 1986, the

Federal agency charged with the administration of each component

of the National Wild and Scenic Rivers System shall prepare a

comprehensive management plan for such river segment to provide

for the protection of the river values. The plan shall address resource protection, development of lands and facilities, user capacities, and other management practices necessary or desirable to

achieve the purposes of this Act. The plan shall be coordinated

with and may be incorporated into resource management planning

for affected adjacent Federal lands. The plan shall be prepared,

after consultation with State and local governments and the interested public within 3 full fiscal years after the date of designation.

Notice of the completion and availability of such plans shall be

published in the Federal Register.

(2) For rivers designated before January 1, 1986, all boundaries, classifications, and plans shall be reviewed for conformity

within the requirements of this subsection within 10 years through

regular agency planning processes.

SEC. 4. ø16 U.S.C. 1275¿ (a) The Secretary of the Interior or,

where national forest lands are involved, the Secretary of Agriculture or, in appropriate cases, the two Secretaries jointly shall

study and submit to the President reports on the suitability or nonsuitability for addition to the national wild and scenic rivers system of rivers which are designated herein or hereafter by the Congress as potential additions to such system. The President shall report to the Congress his recommendations and proposals with respect to the designation of each such river or section thereof under

this Act. Such studies shall be completed and such reports shall be

made to the Congress with respect to all rivers named in subparagraphs 5(a) (1) through (27) of this Act no later than October 2,

1978. In conducting these studies the Secretary of the Interior and

the Secretary of Agriculture shall give priority to those rivers (i)

with respect to which there is the greatest likelihood of developments which, if undertaken, would render the rivers unsuitable for

inclusion in the national wild and scenic rivers system, and (ii)

which possess the greatest proportion of private lands within their

areas. Every such study and plan shall be coordinated with any

water resources planning involving the same river which is being

conducted pursuant to the Water Resources Planning Act (79 Stat.

244; 42 U.S.C. 1962 et seq.).

Each report, including maps and illustrations, shall show

among other things the area included within the report; the characteristics which do or do not make the area a worthy addition to the

system; the current status of land ownership and use in the area;

the reasonably foreseeable potential uses of the land and water

which would be enhanced, foreclosed, or curtailed if the area were

included in the national wild and scenic rivers system; the Federal
1–55 Sec. 5 WILD AND SCENIC RIVERS ACT

agency (which in the case of a river which is wholly or substantially within a national forest, shall be the Department of Agriculture) by which it is proposed the area, should it be added to the

system, be administered; the extent to which it is proposed that

such administration, including the costs thereof, be shared by State

and local agencies; and the estimated cost to the United States of

acquiring necessary lands and interests in land and of administering the area, should it be added to the system. Each such report shall be printed as a Senate or House document.

(b) Before submitting any such report to the President and the

Congress, copies of the proposed report shall, unless it was prepared jointly by the Secretary of the Interior and the Secretary of

Agriculture, be submitted by the Secretary of the Interior to the

Secretary of Agriculture or by the Secretary of Agriculture to the

Secretary of the Interior, as the case may be, and to the Secretary

of the Army, the Chairman of the Federal Power Commission, the

head of any other affected Federal department or agency and, unless the lands proposed to be included in the area are already

owned by the United States or have already been authorized for acquisition by Act of Congress, the Governor of the State or States

in which they are located or an officer designated by the Governor

to receive the same. Any recommendations or comments on the proposal which the said officials furnish the Secretary or Secretaries

who prepared the report within ninety days of the date on which

the report is submitted to them, together with the Secretary’s or

Secretaries’ comments thereon, shall be included with the transmittal to the President and the Congress.

(c) Before approving or disapproving for inclusion in the national wild and scenic rivers system any river designated as a wild,

scenic or recreational river by or pursuant to an act of a State legislature, the Secretary of the Interior shall submit the proposal to

the Secretary of Agriculture, the Secretary of the Army, the Chairman of the Federal Power Commission, and the head of any other

affected Federal department or agency and shall evaluate and give

due weight to any recommendations or comments which the said

officials furnish him within ninety days of the date on which it is

submitted to them. If he approves the proposed inclusion, he shall

publish notice thereof in the Federal Register.

(d) The boundaries of any river proposed in section 5(a) of this

Act for potential addition to the National Wild and Scenic Rivers

System shall generally comprise that area measured within onequarter mile from the ordinary high water mark on each side of the

river. In the case of any designated river, prior to publication of

boundaries pursuant to section 3(b) of this Act, the boundaries also

shall comprise the same area. This subsection shall not be construed to limit the possible scope of the study report to address

areas which may lie more than one-quarter mile from the ordinary

high water mark on each side of the river.

SEC. 5. ø16 U.S.C. 1276¿ (a) The following rivers are hereby

designated for potential addition to the national wild and scenic

rivers system:

(1) Allegheny, Pennsylvania: The segment from its mouth to

the town of East Brady, Pennsylvania.

(2) Bruneau, Idaho: The entire main stem.
Sec. 5 WILD AND SCENIC RIVERS ACT 1–56

(3) Buffalo, Tennessee: The entire river.

(4) Chattooga, North Carolina, South Carolina, and Georgia:

The entire river.

(5) Clarion, Pennsylvania: The segment between Ridgway and

its confluence with the Allegheny River.

(6) Delaware, Pennsylvania and New York: The segment from

Hancock, New York, to Matamoras, Pennsylvania.

(7) Flathead, Montana: The North Fork from the Canadian

border downstream to its confluence with the Middle Fork; the

Middle Fork from its headwaters to its confluence with the South

Fork; and the South Fork from its origin to Hungry Horse Reservoir.

(8) Gasconade, Missouri: The entire river.

(9) Illinois, Oregon: The entire river.

(10) Little Beaver, Ohio: The segment of the North and Middle

Forks of the Little Beaver River in Columbiana County from a

point in the vicinity of Negly and Elkton, Ohio, downstream to a

point in the vicinity of East Liverpool, Ohio.

(11) Little Miami, Ohio: That segment of the main stem of the

river, exclusive of its tributaries, from a point at the WarrenClermont County line at Loveland, Ohio, upstream to the sources

of Little Miami including North Fork.

(12) Maumee, Ohio and Indiana: The main stem from

Perrysburg, Ohio, to Fort Wayne, Indiana, exclusive of its tributaries in Ohio and inclusive of its tributaries in Indiana.

(13) Missouri, Montana: The segment between Fort Benton and

Ryan Island.

(14) Moyie, Idaho: The segment from the Canadian border to

its confluence with the Kootenai River.

(15) Obed, Tennessee: The entire river and its tributaries,

Clear Creek and Daddys Creek.

(16) Penobscot, Maine: Its east and west branches.

(17) Pere Marquette, Michigan: The entire river.

(18) Pine Creek, Pennsylvania: the segment from Ansonia to

Waterville.

(19) Priest, Idaho: The entire main stem.

(20) Rio Grande, Texas: The portion of the river between the

west boundary of Hudspeth County and the east boundary of

Terrell County on the United States side of the river: Provided,

That before undertaking any study of this potential scenic river,

the Secretary of the Interior shall determine, through the channels

of appropriate executive agencies, that Mexico has no objection to

its being included among the studies authorized by this Act.

(21) Saint Croix, Minnesota and Wisconsin: The segment between the dam near Taylors Falls and its confluence with the Mississippi River.

(22) Saint Joe, Idaho: The entire main stem.

(23) Salmon, Idaho: The segment from the town of North Fork

to its confluence with the Snake River.

(24) Skagit, Washington: The segment from the town of Mount

Vernon to and including the mouth of Bacon Creek; the Cascade

River between its mouth and the junction of its North and South

Forks; the South Fork to the boundary of the Glacier Peak Wilderness Area; the Suiattle River from its mouth to the Glacier Peak

Wilderness Area boundary at Milk Creek; the Sauk River from its
1–57 Sec. 5 WILD AND SCENIC RIVERS ACT

mouth to its junction with Elliott Creek; the North Fork of the

Sauk River from its junction with the South Fork of the Sauk to

the Glacier Peak Wilderness Area boundary.

(25) Suwannee, Georgia and Florida: The entire river from its

source in the Okefenokee Swamp in Georgia to the gulf and the

outlying Ichetucknee Springs, Florida.

(26) Upper Iowa, Iowa: The entire river.

(27) Youghiogheny, Maryland and Pennsylvania: The segment

from Oakland, Maryland, to the Youghiogheny Reservoir, and from

the Youghiogheny Dam downstream to the town of Connellsville,

Pennsylvania.

(28) American, California: The North Fork from the Cedars to

the Auburn Reservoir.

(29) Au Sable, Michigan: The segment downstream from Foot

Dam to Oscoda and upstream from Loud Reservoir to its source, including its principal tributaries and excluding Mio and Bamfield

Reservoirs.

(30) Big Thompson, Colorado: The segment from its source to

the boundary of Rocky Mountain National Park.

(31) Cache la Poudre, Colorado: Both forks from their sources

to their confluence, thence the Cache la Poudre to the eastern

boundary of Roosevelt National Forest.

(32) Cahaba, Alabama: The segment from its junction with

United States Highway 31 south of Birmingham downstream to its

junction with United States Highway 80 west of Selma.

(33) Clarks Fork, Wyoming: The segment from the Clark’s

Fork Canyon to the Crandall Creek Bridge.

(34) Colorado, Colorado and Utah: The segment from its confluence with the Dolores River, Utah, upstream to a point 19.5

miles from the Utah-Colorado border in Colorado.

(35) Conejos, Colorado: The three forks from their sources to

their confluence, thence the Conejos to its first junction with State

Highway 17, excluding Platoro Reservoir.

(36) Elk, Colorado: The segment from its source to Clark.

(37) Encampment, Colorado: The Main Fork and West Fork to

their confluence, thence the Encampment to the Colorado-Wyoming

border, including the tributaries and headwaters.

(38) Green, Colorado: The entire segment within the State of

Colorado.

(39) Gunnison, Colorado: The segment from the upstream

(southern) boundary of the Black Canyon of the Gunnison National

Monument to its confluence with the North Fork.

(40) Illinois, Oklahoma: The segment from Tenkiller Ferry Reservoir upstream to the Arkansas-Oklahoma border, including the

Flint and Barren Fork Creeks.

(41) John Day, Oregon: The main stem from Service Creek

Bridge (at river mile 157) downstream to Tumwater Falls (at river

mile 10).

(42) Kettle, Minnesota: The entire segment within the State of

Minnesota.

(43) Los Pinos, Colorado: The segment from its source, including the tributaries and headwaters within the San Juan Primitive

Area, to the northern boundary of the Granite Peak Ranch.
Sec. 5 WILD AND SCENIC RIVERS ACT 1–58

(44) Manistee, Michigan: The entire river from its source to

Manistee Lake, including its principal tributaries and excluding

Tippy and Hodenpyl Reservoirs.

(45) Nolichuckey, Tennessee and North Carolina: The entire

main stem.

(46) Owyhee, South Fork, Oregon: The main stem from the Oregon-Idaho border downstream to the Owyhee Reservoir.

(47) Piedra, Colorado: The Middle Fork and East Fork from

their sources to their confluence, thence the Piedra to its junction

with Colorado Highway 10.

(48) Shepaug, Connecticut: The entire river.

(49) Sipsey Fork, West Fork, Alabama: The segment, including

its tributaries, from the impoundment formed by the Lewis M.

Smith Dam upstream to its source in the William B. Bankhead National Forest.

(50) Snake, Wyoming: The segment from the southern boundaries of Teton National Park to the entrance to Palisades Reservoir.

(51) Sweetwater, Wyoming: The segment from Wilson Bar

downstream to Spring Creek.

(52) Tuolumne, California: The main river from its source on

Mount Dana and Mount Lyell in Yosemite National Park to Don

Pedro Reservoir.

(53) Upper Mississippi, Minnesota: The segment from its

source at the outlet of Itasca Lake to its junction with the northwestern boundary of the city of Anoka.

(54) Wisconsin, Wisconsin: The segment from Prarie du Sac to

its confluence with the Mississippi River at Prairie du Chien.

(55) Yampa, Colorado: The segment within the boundaries of

the Dinosaur National Monument.

(56) Dolores, Colorado: The segment of the main stem from

Rico upstream to its source, including its headwaters; the West Dolores from its source, including its headwaters, downstream to its

confluence with the main stem; and the segment from the west

boundary, section 2, township 38 north, range 16 west, NMPM,

below the proposed McPhee Dam, downstream to the ColoradoUtah border, excluding the segment from one mile above Highway

90 to the confluence of the San Miguel River.

(57) Snake, Washington, Oregon, and Idaho: The segment from

an eastward extension of the north boundary of section 1, township

5 north, range 47 east, Williamette meridian, downstream to the

town of Asotin, Washington.

(58) Housatonic, Connecticut: The segment from the Massachusetts-Connecticut boundary downstream to its confluence with the

Shepaug River.

(59) KERN, CALIFORNIA.—The main stem of the North Fork

from its source to Isabelle Reservoir excluding its tributaries.

(60) LOXAHATCHEE, FLORIDA.—The entire river including its

tributary, North Fork.

(61) OGEECHEE, GEORGIA.—The entire river.

(62) SALT, ARIZONA.—The main stem from a point on the north

side of the river intersected by the Fort Apache Indian Reservation

boundary (north of Buck Mountain) downstream to Arizona State

Highway 288.
1–59 Sec. 5 WILD AND SCENIC RIVERS ACT

(63) VERDE, ARIZONA.—The main stem from the Prescott National Forest boundary near Paulden to the vicinity of Table Mountain, approximately 14 miles above Horseshoe Reservoir, except for

the segment not included in the national forest between Clarkdale

and Camp Verde, North segment.

(64) SAN FRANCISCO, ARIZONA.—The main stem from confluence with the Gila upstream to the Arizona-New Mexico border,

except for the segment between Clifton and the Apache National

Forest.

(65) FISH CREEK, NEW YORK.—The entire East Branch.

(66) BLACK CREEK, MISSISSIPPI.—The segment from Big Creek

Landing in Forrest County downstream to Old Alexander Bridge

Landing in Stone County.

(67) ALLEGHENY, PENNSYLVANIA.—The main stem from Kinzua

Dam downstream to East Brady.

(68) CACAPON, WEST VIRGINIA.—The entire river.

(69) ESCATAWPA, ALABAMA AND MISSISSIPPI.—The segment upstream from a point approximately one mile downstream from the

confluence of the Escatawpa River and Jackson Creek to a point

where the Escatawpa River is joined by the Yellowhouse Branch in

Washington County, Alabama, near the town of Deer Park, Alabama; and the segment of Brushy Creek upstream from its confluence with the Escatawpa to its confluence with Scarsborough

Creek.

(70) MYAKKA, FLORIDA.—The segment south of the southern

boundary of the Myakka River State Park.

(71) SOLDIER CREEK, ALABAMA.—The segment beginning at the

point where Soldier Creek intersects the south line of section 31,

township 7 south, range 6 east, downstream to a point on the south

line of section 6, township 8 south, range 6 east, which point is

1,322 feet west of the south line of section 5, township 8 south,

range 6 east in the county of Baldwin, State of Alabama.

(72) RED, KENTUCKY.—The segment from Highway numbered

746 (also known as Spradlin Bridge) in Wolf County, Kentucky,

downstream to the point where the river descends below seven

hundred feet above sea level (in its normal flow) which point is at

the Menifee and Powell County line just downstream of the iron

bridge where Kentucky Highway numbered 77 passes over the

river.

(73) BLUESTONE, WEST VIRGINIA.—From its headwaters to its

confluence with the New.

(74) GAULEY, WEST VIRGINIA.—Including the tributaries of the

Meadow and the Cranberry, from the headwaters to its confluence

with the New.

(75) GREENBRIER, WEST VIRGINIA.—From its headwaters to its

confluence with the New.

(76) BIRCH, WEST VIRGINIA.—The main stem from the Cora

Brown Bridge in Nicholas County to the confluence of the river

with the Elk River in Braxton County.

(77) Colville, Alaska.

(78) Etivluk-Nigu, Alaska.

(79) Utukok, Alaska.

(80) Kanektok, Alaska.

(81) Kisaralik, Alaska.

(82) Melozitna, Alaska.
Sec. 5 WILD AND SCENIC RIVERS ACT 1–60

1For related provisions regarding paragraph (92), see the item in this compilation entitled

‘‘Farmington Wild and Scenic River Study Act’’.

(83) Sheenjek (lower segment), Alaska.

(84) Situk, Alaska.

(85) Porcupine, Alaska.

(86) Yukon (Ramparts section), Alaska.

(87) Squirrel, Alaska.

(88) Koyuk, Alaska.

(89) Wildcat Brook, New Hampshire: The segment from its

headwaters including the principal tributaries to its confluence

with the Ellis River. The study authorized in this paragraph shall

be completed no later than six years from the date of enactment

of this paragraph and an interim report shall be prepared and submitted to the Congress no later than three years from the date of

enactment of this paragraph.

(90) Horsepasture, North Carolina: The segment from

Bohaynee Road (N.C. 281) downstream to Lake Jocassee.

(91) The North Umpqua, Oregon: The segment from the Soda

Springs Powerhouse to the confluence of Rock Creek. The provisions of section 7(a) shall apply to tributary Steamboat Creek in

the same manner as such provisions apply to the rivers referred to

in such section 7(a). The Secretary of Agriculture shall, in the

Umpqua National Forest plan, provide that management practices

for Steamboat Creek and its immediate environment conserve, protect, and enhance the anadromous fish habitat and population.

(92) 1 FARMINGTON, WEST BRANCH, CONNECTICUT AND MASSACHUSETTS.—The segment from the intersection of the New Hartford-Canton, Connecticut, town line upstream to the base of the

West Branch Reservoir in Hartland, Connecticut; and the segment

from the confluence with Thorp Brook in Sandisfield, Massachusetts, to Hayden Pond in Otis, Massachusetts.

(93) Great Egg Harbor River, New Jersey: The entire river.

(94) Klickitat, Washington: The segment from the southern

boundary of the Yakima Indian Reservation, Washington, as described in the Treaty with the Yakimas of 1855 (12 Stat. 951), and

as acknowledged by the Indian Claims Commission in Yakima

Tribe of Indians v. U.S., 16 Ind. Cl. Comm. 536 (1966), to its confluence with the Little Klickitat River, Washington: Provided, That

said study shall be carried on in consultation with the Yakima Indian Nation and shall include a determination of the degree to

which the Yakima Indian Nation should participate in the preservation and administration of the river segment should it be proposed for inclusion in the Wild and Scenic Rivers system.

(95) White Salmon, Washington: The segment from its confluence with Trout Lake Creek, Washington, to its confluence with

Gilmer Creek, Washington, near the town of B Z Corner, Washington. Studies of the river named in paragraphs (38), (55), (83),

and (87) shall be completed and the reports transmitted to the Congress not later than January 1, 1987.

(96) MAURICE, NEW JERSEY.—The segment from Shell Pile to

the point three miles north of Laurel Lake.

(97) MANUMUSKIN, NEW JERSEY.—The segment from its confluence with the Maurice River to the crossing of State Route 49.
1–61 Sec. 5 WILD AND SCENIC RIVERS ACT

1 In paragraph (110), the State should be spelled as ‘‘Massachusetts’’

(98) MENANTICO CREEK, NEW JERSEY.—The segment from its

confluence with the Maurice River to its source.

(99) MERCED, CALIFORNIA.—The segment from a point 300 feet

upstream of the confluence with Bear Creek downstream to the

point of maximum flood control storage of Lake McClure (elevation

867 feet mean sea level).

(100) BLUE, OREGON.—The segment from its headwaters to the

Blue River Reservoir; by the Secretary of Agriculture.

(101) CHEWAUCAN, OREGON.—The segment from its headwaters to the Paisley Urban Growth boundary to be studied in cooperation with, and integrated with, the Klamath River Basin

Plan; by the Secretary of Agriculture.

(102) NORTH FORK MALHEUR, OREGON.—The segment from the

Malheur National Forest boundary to Beulah Reservoir; by the Secretary of the Interior.

(103) SOUTH FORK MCKENZIE, OREGON.—The segments from

its headwaters to the upper end of Cougar Reservoir and from the

lower end of Cougar Reservoir to its confluence with the McKenzie

River; by the Secretary of Agriculture.

(104) STEAMBOAT CREEK, OREGON.—The entire creek; by the

Secretary of Agriculture.

(105) WALLOWA, OREGON.—The segment from its confluence

with the Minam River to its confluence with the Grande Ronde

River; by the Secretary of Agriculture.

(106) MERRIMACK RIVER, NEW HAMPSHIRE.—The segment from

its origin at the confluence of the Pemigewasset and

Winnipesaukee Rivers in Franklin, New Hampshire, to the backwater impoundment at Hooksett Dam, excluding the Garvins Falls

Dam and its impoundment.

(107) PEMIGEWASSET, NEW HAMPSHIRE.—The segments from

Profile Lake downstream to the southern boundary of the Franconia Notch State Park and from the northern Thornton town-line

downstream to the backwater of the Ayers Island Dam; by the Secretary of the Interior.

(108) ST. MARYS RIVER, FLORIDA AND GEORGIA.—The segment

from its headwaters to its confluence with the Bells River.

(109) MILLS RIVER, NORTH CAROLINA.—The North Fork from

the bottom of the spillway of the Hendersonville Reservoir downstream to its confluence with the South Fork; the South Fork from

its confluence with the Pigeon Branch downstream to its confluence

with the North Fork; and the main stem from the confluence of the

North and South Forks downstream to a point 750 feet upstream

from the centerline of North Carolina Highway 191/280.

(110) SUDBURY, ASSABET, AND CONCORD, MASSACHUSSETS.— 1

The segment of the Sudbury from the Danforth Street Bridge in

the town of Framingham, to its confluence with the Assabet, the

Assabet from 1,000 feet downstream of the Damon Mill Dam in

Concord to its confluence with the Sudbury and the Concord from

the confluence of the Sudbury and Assabet downstream to the

Route 3 Bridge in the town of Billerica. The study of such river segments shall be completed and the report submitted thereon not
Sec. 5 WILD AND SCENIC RIVERS ACT 1–62

1For related provisions regarding the Niobrara River, paragraph (111), see the item in this

compilation entitled ‘‘Niobrara Scenic River Designation Act of 1991’’.

later than at the end of the third fiscal year beginning after the

date of enactment of this paragraph.

(111) 1 NIOBRARA, NEBRASKA.—The 6-mile segment of the river

from its confluence with Chimney Creek to its confluence with

Rock Creek.

(112) LAMPREY, NEW HAMPSHIRE.—The segment from the

southern Lee town line downstream to the confluence with

Woodman’s Brook at the base of Sullivan Falls in Durham.

(113) WHITE CLAY CREEK, DELAWARE AND PENNSYLVANIA.—

The headwaters of the river in Pennsylvania to its confluence with

the Christina River in Delaware, including the East, West, and

Middle Branches, Middle Run, Pike Creek, Mill Creek, and other

main branches and tributaries as determined by the Secretary of

the Interior (herein after referred to as the White Clay Creek).

(114) BRULE, MICHIGAN AND WISCONSIN.—The 33-mile segment

from Brule Lake in the northeast quarter of section 15, township

41 north, range 13 east, to the National Forest boundary at the

southeast quarter of section 31, township 41 north, range 17 east.

(115) CARP, MICHIGAN.—The 7.6-mile segment from its origin

at the confluence of the outlets of Frenchman Lake and Carp Lake

in section 26, township 44 north, range 6 west, to the west section

line of section 30, township 43 north, range 5 west.

(116) LITTLE MANISTEE, MICHIGAN.—The 42-mile segment

within the Huron-Manistee National Forest.

(117) WHITE, MICHIGAN.—The 75.4-mile segment within the

Huron-Manistee National Forest as follows:

(A) The 30.8-mile segment of the main stem from U.S. 31

to the Huron-Manistee National Forest boundary at the north

line of section 2, township 13 north, range 15 west, 1.5 miles

southwest of Hesperia.

(B) The 18.9-mile segment of the South Branch White from

the Huron-Manistee National Forest boundary east of Hesperia

at the west line of section 22, township 14 north, range 14

west, to Echo Drive, section 6, township 13 north, range 12

west.

(C) The 25.7-mile segment of the North Branch White from

its confluence with the South Branch White in section 25,

township 13 north, range 16 west, to McLaren Lake in section

11, township 14 north, range 15 west.

(118) ONTONAGON, MICHIGAN.—The 32-mile segment of the

Ontonagon as follows:

(A) The 12-mile segment of the West Branch from the

Michigan State Highway 28 crossing to Cascade Falls.

(B) The 20-mile segment of the South Branch from the

confluence of the Cisco Branch and Tenmile Creek to the confluence with the West Branch Ontonagon.

(119) PAINT, MICHIGAN.—The 70-mile segment as follows:

(A) 34 miles of the mainstream beginning at the eastern

boundary of the Ottawa National Forest in section 1, township

44 north, range 35 west, to the city of Crystal Falls.
1–63 Sec. 5 WILD AND SCENIC RIVERS ACT

(B) 15 miles of the mainstream of the Net River from its

confluence with the east and west branches to its confluence

with the mainstream of the Paint River.

(C) 15 miles of the east branch of the Net River from its

source in section 8, township 47 north, range 32 west, to its

confluence with the mainstream of the Net River in section 24,

township 46 north, range 34 west.

(D) 14 miles of the west branch of the Net River from its

source in section 35, township 48 north, range 34 west, to its

confluence with the mainstream of the Net River in section 24,

township 46 north, range 34 west.

(120) PRESQUE ISLE, MICHIGAN.—The 13-mile segment of the

mainstream from Minnewawa Falls to Lake Superior.

(121) STURGEON, OTTAWA NATIONAL FOREST, MICHIGAN.—The

36-mile segment of the mainstream from the source at Wagner

Lake in section 13, township 49 north, range 31 west, to the eastern boundary of the Ottawa National Forest in section 12, township 48 north, range 35 west.

(122) STURGEON, HIAWATHA NATIONAL FOREST, MICHIGAN.— The 18.1-mile segment from Sixteen Mile Lake to the north line of

section 26, township 43 north, range 19 west.

(123) TAHQUAMENON, MICHIGAN.—The 103.5-mile segment as

follows—

(A) the 90-mile segment of the mainstream beginning at

the source in section 21, township 47 north, range 12 west, to

the mouth at Whitefish Bay; and

(B) the 13.5-mile segment of the east branch from the

western boundary of the Hiawatha National Forest in section

19, township 46 north, range 6 west, to its confluence with the

mainstream.

(124) WHITEFISH, MICHIGAN.—The 26-mile segment of the West

Branch Whitefish from its source in section 26, township 46 north,

range 23 west, to County Road 444.

(125) CLARION, PENNSYLVANIA.—The segment of the main stem

of the river from Ridgway to its confluence with the Allegheny

River. The Secretary of Agriculture shall conduct the study of such

segment.

(126) MILL CREEK, JEFFERSON AND CLARION COUNTIES, PENNSYLVANIA.—The segment of the main stem of the creek from its

headwaters near Gumbert Hill in Jefferson County, downstream to

the confluence with the Clarion River.

(127) PIRU CREEK, CALIFORNIA.—The segment of the main

stem of the creek from its source downstream to the maximum pool

of Pyramid Lake and the segment of the main stem of the creek

beginning 300 feet below the dam at Pyramid Lake downstream to

the maximum pool at Lake Piru, for a total distance of approximately 49 miles.

(128) LITTLE SUR RIVER, CALIFORNIA.—The segment of the

main stem of the river from its headwaters downstream to the Pacific Ocean, a distance of approximately 23 miles. The Secretary of

Agriculture shall consult with the Big Sur Multiagency Advisory

Council during the study of the river.

(129) MATILIJA CREEK, CALIFORNIA.—The segment from its

headwaters to its junction with Murietta Canyon, a distance of approximately 16 miles.
Sec. 5 WILD AND SCENIC RIVERS ACT 1–64

(130) LOPEZ CREEK, CALIFORNIA.—The segments from its headwaters to Lopez Reservoir, a distance of approximately 11 miles.

(131) SESPE CREEK, CALIFORNIA.—The segment from Chorro

Grande Canyon downstream to its confluence with Rock Creek and

Howard Creek, a distance of about 10.5 miles.

(132) NORTH FORK MERCED, CALIFORNIA.—The segment from

its headwaters to its confluence with the Merced River, by the Secretary of Agriculture and the Secretary of the Interior.

(133) DELAWARE RIVER, PENNSYLVANIA AND NEW JERSEY.—(A)

The approximately 3.6-mile segment from the Erie Lackawanna

Railroad Bridge to the southern tip of Dildine Island.

(B) The approximately 2-mile segment from the southern tip of

Mack Island to the northern border of the town of Belvidere, New

Jersey.

(C) The approximately 12.5-mile segment from the southern

border of the town of Belvidere, New Jersey, to the northern border

of the city of Easton, Pennsylvania, excluding river mile 196.0 to

193.8.

(D) The approximately 9.5-mile segment from the southern

border of the town of Phillipsburg, New Jersey, to a point just

north of the Gilbert Generating Station.

(E) The approximately 14.2-mile segment from a point just

south of the Gilbert Generating Station to a point just north of the

Point Pleasant Pumping Station.

(F) The approximately 6.5-mile segment from a point just

south of the Point Pleasant Pumping Station to the north side of

the Route 202 bridge.

(G) The approximately 6-mile segment from the southern

boundary of the town of New Hope, Pennsylvania, to the town of

Washington Crossing, Pennsylvania.

(H) The Cook’s Creek tributary.

(I) The Tinicum Creek tributary.

(J) The Tohickon Creek tributary.

(134) NEW RIVER, WEST VIRGINIA AND VIRGINIA.—The segment

defined by public lands commencing at the U.S. Route 460 bridge

over the New River in Virginia to the maximum summer pool elevation (one thousand four hundred and ten feet above mean sea

level) of Bluestone Lake in West Virginia; by the Secretary of the

Interior. Nothing in this Act shall affect or impair the management

of the Bluestone project or the authority of any department, agency

or instrumentality of the United States to carry out the project purposes of that project as of the date of enactment of this paragraph.

The study of the river segment identified in this paragraph shall

be completed and reported on within one year after the date of enactment of this paragraph.

(135) RIO GRANDE, NEW MEXICO.—The segment from the west

section line of Section 15, Township 23 North, Range 10 East,

downstream approximately 8 miles to the southern line of the

northwest quarter of Section 34, Township 23 North, Range 9 East.

(136) WEKIVA RIVER, FLORIDA.—(A) The entire river.

(B) The Seminole Creek tributary.

(C) The Rock Springs Run tributary.

(137) TAUNTON RIVER, MASSACHUSETTS.—The segment downstream from the headwaters, from the confluence of the Town River
1–65 Sec. 5 WILD AND SCENIC RIVERS ACT

1With regard to paragraph (4), section 301(c) of Public Law 99–590 (100 Stat. 3334) added

at the end of the paragraph the following: ‘‘Effective October 1, 1986, there are authorized to

be appropriated for the purpose of conducting the study of the river named in paragraph (93)

not to exceed $150,000.’’ Section 503(c) of the same Act (100 Stat. 3335) then amended the entire

paragraph (4) to read as follows: ‘‘For the purposes of conducting the studies of the rivers named

in subsection (a), there are authorized to be appropriated such sums as necessary.’’ Consequently, only the latter amendment actually appears in the law. 2 In paragraph (6), the reference probably should be to section 1203.

and the Matfield River in Bridgewater to the confluence with the

Forge River in Raynham, Massachusetts.

(b)(1) The studies of rivers named in subparagraphs (28)

through (55) of subsection (a) of this section shall be completed and

reports thereon submitted by not later than October 2, 1979: Provided, That with respect to the rivers named in subparagraphs

(33), (50), and (51), the Secretaries shall not commence any studies

until (i) the State legislature has acted with respect to such rivers

or (ii) one year from the date of enactment of this Act, whichever

is earlier. Studies of the river named in paragraphs (38), (55), (83),

and (87) shall be completed and the reports transmitted to the Congress not later than January 1, 1987.

(2) The study of the river named in subparagraph (56) of subsection (a) of this section shall be completed and the report thereon

submitted by not later than January 3, 1976.

(3) The studies of the rivers named in paragraphs (59) through

(76) of subsection (a) shall be completed and reports submitted

thereon not later than five full fiscal years after the date of the enactment of this paragraph. The study of rivers named in paragraphs (62) through (64) of subsection (a) shall be completed and

the report thereon submitted by not later than April 1981. The

study of the river named in paragraph (90) of subsection (a) shall

be completed not later than three years after the date of the enactment of this sentence. The study of the river named in paragraph

(93) of subsection (a) shall be completed not later than three years

after the date of the enactment of this sentence.

(4) 1 For the purposes of conducting the studies of the rivers

named in subsection (a), there are authorized to be appropriated

such sums as necessary.

(5) The studies of the rivers in paragraphs (77) through (88)

shall be completed and reports transmitted thereon not later than

three full fiscal years from date of enactment of this paragraph.

For the rivers listed in paragraphs (77), (78), and (79) the studies

prepared and transmitted to the Congress pursuant to section

105(c) of the Naval Petroleum Reserves Production Act of 1976

(Public Law 94–258) shall satisfy the requirements of this section.

(6) Studies of rivers listed in paragraphs (80) and (81) shall be

completed, and reports submitted within and not later than the

time when the Bristol Bay Cooperative Region Plan is submitted

to Congress in Accordance with section 1204 2 of the Alaska National Interest Lands Conservation Act.

(7) The study of the West Branch of the Framington River

identified in paragraph (92) of subsection (a) shall be completed

and the report submitted thereon not later than the end of the

third fiscal year beginning after the enactment of this paragraph.

Such report shall include a discussion of management alternatives

for the river if it were to be included in the national wild and scenic river system.
Sec. 5 WILD AND SCENIC RIVERS ACT 1–66

(8) The study of the Merrimack River, New Hampshire, shall

be completed and the report thereon submitted not later than three

years after the date of enactment of this paragraph.

(9) The study of the Pemigewasset River, New Hampshire,

shall be completed and the report thereon submitted not later than

three years after the date of enactment of this paragraph.

(10) The study of the river named in paragraph (106) of subsection (a) shall be completed not later than three years after the

date of enactment of this paragraph. In carrying out the study, the

Secretary of the Interior shall consult with the Governors of the

States of Florida and Georgia or their representatives, representatives of affected local governments, and owners of land adjacent to

the river. Such consultation shall include participation in the assessment of resource values and the development of alternatives for

the protection of those resource values, and shall be carried out

through public meetings and media notification. The study shall

also include a recommendation on the part of the Secretary as to

the role the States, local governments and landowners should play

in the management of the river if it were designated as a component of the National Wild and Scenic Rivers System.

(11) The study of the Lamprey River, New Hampshire, shall be

completed by the Secretary of the Interior and the report thereon

submitted not later than 3 years after the date of enactment of this

paragraph.

(12)(A) The study of the White Clay Creek in Delaware and

Pennsylvania shall be completed and the report submitted not later

than 3 years after the date of enactment of this paragraph.

(B) In carrying out the study, the Secretary of the Interior

shall prepare a map of the White Clay Creek watershed in Delaware and Pennsylvania, and shall develop a recommended management plan for the White Clay Creek. The plan shall provide recommendations as to the protection and management of the White

Clay Creek, including the role the State and local governments,

and affected landowners, should play in the management of the

White Clay Creek if it is designated as a component of the National

Wild and Scenic Rivers System.

(C) The Secretary shall prepare the study, including the recommended management plan, in cooperation and consultation with

appropriate State and local governments, and affected landowners.

(13) The study of segments of the Brule, Carp, Little Manistee,

White, Paint, Presque Isle, Ontonagon, Sturgeon (Hiawatha), Sturgeon (Ottawa), Whitefish, and Tahquamenon Rivers in Michigan

under subsection (a) shall be completed by the Secretary of Agriculture and the report submitted thereon not later than at the end

of the third fiscal year beginning after the date of enactment of this

paragraph. For purposes of such river studies, the Secretary shall

consult with each River Study Committee authorized under section

5 of the Michigan Scenic Rivers Act of 1990, and shall encourage

public participation and involvement through hearings, workshops,

and such other means as are necessary to be effective.

(14)(A) The study of the Delaware River segments and tributaries designated for potential addition to the National Wild and

Scenic Rivers System pursuant to section 5(a)( ) of this Act shall

be completed and the report submitted to Congress not later than

one year after the date of enactment of this paragraph.
1–67 Sec. 5 WILD AND SCENIC RIVERS ACT

1Paragraph (2) of subsection (d) should have been set full measure.

(B) The Secretary shall— (i) prepare the study in cooperation and consultation with

appropriate Federal, State, regional, and local agencies, including but not limited to, the Pennsylvania Department of Environmental Resources, the New Jersey Department of Environmental Protection and Energy, the Delaware and Lehigh Navigation Canal National Heritage Corridor Commission, and the

Delaware and Raritan Canal Commission; and

(ii) consider previous plans for the protection of affected

cultural, recreational, and natural resources (including water

supply and water quality) and existing State and local regulations, so as to avoid unnecessary duplication.

(C) Pursuant to section 11(b)(1) of this Act, the Secretary shall

undertake a river conservation plan for the segment of the Delaware River from the northern city limits of Trenton, New Jersey,

to the Southern boundary of Bucks County, Pennsylvania.

(15) The study of the Rio Grande in New Mexico shall be completed and the report submitted not later than 3 years after the

date of enactment of this paragraph.

(16) The study of the Wekiva River and the tributaries designated in paragraph (136) of subsection (a) shall be completed and

the report transmitted to Congress not later than two years after

the date of the enactment of this paragraph.

(17) TAUNTON RIVER, MASSACHUSETTS.—Not later than 3 years

after the date of the enactment of this paragraph, the Secretary of

the Interior—

(A) shall complete the study of the Taunton River, Massachusetts; and

(B) shall submit to Congress a report describing the results of the study.

(c) The study of any of said rivers shall be pursued in as close

cooperation with appropriate agencies of the affected State and its

political subdivisions as possible, shall be carried on jointly with

such agencies if request for such joint study is made by the State,

and shall include a determination of the degree to which the State

or its political subdivisions might participate in the preservation

and administration of the river should it be proposed for inclusion

in the national wild and scenic rivers system.

(d)(1) In all planning for the use and development of water and

related land resources, consideration shall be given by all Federal

agencies involved to potential national wild, scenic and recreational

river areas, and all river basin and project plan reports submitted

to the Congress shall consider and discuss any such potentials. The

Secretary of the Interior and the Secretary of Agriculture shall

make specific studies and investigations to determine which additional wild, scenic and recreational river areas within the United

States shall be evaluated in planning reports by all Federal agencies as potential alternative uses of the water and related land resources involved.

(2) 1 The Congress finds that the Secretary of the Interior,

in preparing the Nationwide Rivers Inventory as a specific

study for possible additions to the National Wild and Scenic

Rivers System, identified the Upper Klamath River from below
Sec. 6 WILD AND SCENIC RIVERS ACT 1–68

the John Boyle Dam to the Oregon-California State line. The

Secretary, acting through the Bureau of Land Management, is

authorized under this subsection to complete a study of the eligibility and suitability of such segment for potential addition

to the National Wild and Scenic Rivers System. Such study

shall be completed, and a report containing the results of the

study shall be submitted to Congress by April 1, 1990. Nothing

in this paragraph shall affect the authority or responsibilities

of any other Federal agency with respect to activities or actions

on this segment and its immediate environment.

SEC. 6. ø16 U.S.C. 1277¿ (a)(1) The Secretary of the Interior

and the Secretary of Agriculture are each authorized to acquire

lands and interests in land within the authorized boundaries of any

component of the national wild and scenic rivers system designated

in section 3 of this Act, or hereafter designated for inclusion in the

system by Act of Congress, which is administered by him, but he

shall not acquire fee title to an average of more than 100 acres per

mile on both sides of the river. Lands owned by a State may be acquired only by donation or by exchange in accordance with subsection (d) of this section. Lands owned by an Indian tribe or a political subdivision of a State may not be acquired without the consent of the appropriate governing body thereof as long as the Indian tribe or political subdivision is following a plan for management and protection of the lands which the Secretary finds protects

the land and assures its use for purposes consistent with this Act.

Money appropriated for Federal purposes from the land and water

conservation fund shall, without prejudice to the use of appropriations from other sources, be available to Federal departments and

agencies for the acquisition of property for the purposes of this Act.

(2) When a tract of land lies partially within and partially outside the boundaries of a component of the National Wild and Scenic

Rivers System, the appropriate Secretary may, with the consent of

the landowners for the portion outside the boundaries, acquire the

entire tract. The land or interest therein so acquired outside the

boundaries shall not be counted against the average one-hundredacre-per-mile fee title limitation of subsection (a)(1). The lands or

interests therein outside such boundaries, shall be disposed of, consistent with existing authorities of law, by sale, lease, or exchange.

(b) If 50 per centum or more of the entire acreage outside the

ordinary high water mark on both sides of the river within a federally administered wild, scenic or recreational river area is owned

in fee title by the United States, by the State or States within

which it lies, or by political subdivisions of those States, neither

Secretary shall acquire fee title to any lands by condemnation

under authority of this Act. Nothing contained in this section, however, shall preclude the use of condemnation when necessary to

clear title or to acquire scenic easements or such other easements

as are reasonably necessary to give the public access to the river

and to permit its members to traverse the length of the area or of

selected segments thereof.

(c) Neither the Secretary of the Interior nor the Secretary of

Agriculture may acquire lands by condemnation, for the purpose of

including such lands in any national wild, scenic or recreational

river area, if such lands are located within any incorporated city,
1–69 Sec. 6 WILD AND SCENIC RIVERS ACT

village, or borough which has in force and applicable to such lands

a duly adopted, valid zoning ordinance that conforms with the purposes of this Act. In order to carry out the provisions of this subsection the appropriate Secretary shall issue guidelines, specifying

standards for local zoning ordinances, which are consistent with

the purposes of this Act. The standards specified in such guidelines

shall have the object of (A) prohibiting new commercial or industrial uses other than commercial or industrial uses which are consistent with the purposes of this Act, and (B) the protection of the

bank lands by means of acreage, frontage, and setback requirements on development.

(d) The appropriate Secretary is authorized to accept title to

non-Federal property within the authorized boundaries of any federally administered component of the national wild and scenic rivers system designated in section 3 of this Act or hereafter designated for inclusion in the system by Act of Congress and, in exchange therefor, convey to the grantor any federally owned property which is under his jurisdiction within the State in which the

component lies and 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, shall be equalized by the payment of cash to the grantor or

to the Secretary as the circumstances require.

(e) The head of any Federal department or agency having administrative jurisdiction over any lands or interests in land within

the authorized boundaries of any federally administered component

of the national wild and scenic rivers system designated in section

3 of this Act or hereafter designated for inclusion in the system by

Act of Congress is authorized to transfer to the appropriate Secretary jurisdiction over such lands for administration in accordance

with the provisions of this Act. Lands acquired by or transferred

to the Secretary of Agriculture for the purposes of this Act within

or adjacent to a national forest shall upon such acquisition or

transfer become national forest lands.

(f) The appropriate Secretary is authorized to accept donations

of lands and interests in land, funds, and other property for use in

connection with his administration of the national wild and scenic

rivers system.

(g)(1) Any owner or owners (hereinafter in this subsection referred to as ‘‘owner’’) of improved property on the date of its acquisition, may 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, or the death of either or

both of them. The owner shall elect the term to be reserved. The

appropriate 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 pursuant to this subsection shall be subject to termination whenever the appropriate

Secretary is given reasonable cause to find that such use and occupancy is being exercised in a manner which conflicts with the purposes of this Act. In the event of such a finding, the Secretary shall

tender to the holder of that right an amount equal to the fair mar-
Sec. 7 WILD AND SCENIC RIVERS ACT 1–70

ket value of that portion of the right which remains unexpired on

the date of termination. Such right of use or occupancy shall terminate by operation of law upon tender of the fair market price.

(3) The term ‘‘improved property’’, as used in this Act, means

a detached, one-family dwelling (hereinafter referred to as ‘‘dwelling’’), the construction of which was begun before January 1, 1967,

(except where a different date is specifically provided by law with

respect to any particular river), 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 appropriate 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.

SEC. 7. ø16 U.S.C. 1278¿ (a) The Federal Power 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 any river which is designated in

section 3 of this Act as a component of the national wild and scenic

rivers system or which is hereafter designated for inclusion in that

system, 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 charged with its administration. Nothing contained in the foregoing sentence, however, shall preclude licensing

of, or assistance to, developments below or above a wild, scenic or

recreational river area 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 the

date of designation of a river as a component of the National Wild

and Scenic Rivers System. 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 charged with its administration, or request appropriations to

begin construction of any such project, whether heretofore or hereafter authorized, without advising the Secretary of the Interior or

the Secretary of Agriculture, as the case may be, 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 recommendation or request in what respect construction of such

project would be in conflict with the purposes of this Act and would

affect the component and the values to be protected by it under

this Act. Any license heretofore or hereafter issued by the Federal

Power Commission affecting the New River of North Carolina shall

continue to be effective only for that portion of the river which is

not included in the National Wild and Scenic Rivers System pursuant to section 2 of this Act and no project or undertaking so licensed shall be permitted to invade, inundate or otherwise adversely affect such river segment.

(b) The Federal Power Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, trans-
1–71 Sec. 7 WILD AND SCENIC RIVERS ACT

mission line, or other project works under the Federal Power Act,

as amended, on or directly affecting any river which is listed in section 5, subsection (a), of this Act, 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 might

be designated, as determined by the Secretary responsible for its

study or approval— (i) during the ten-year period following enactment of this

Act or for a three complete fiscal year period following any Act

of Congress designating any river for potential addition to the

national wild and scenic rivers system, whichever is later, unless, prior to the expiration of the relevant period, the Secretary of the Interior and, where national forest lands are involved, the Secretary of Agriculture, on the basis of study, determine that such river should not be included in the national

wild and scenic rivers system and notify the Committee on Energy and Natural Resources of the Senate and the Committee

on Natural Resources of the House of Representatives, in writing, including a copy of the study upon which the determination was made, at least one hundred and eighty days while

Congress is in session prior to publishing notice to that effect

in the Federal Register: Provided, That if any Act designating

any river or rivers for potential addition to the national wild

and scenic rivers system provides a period for the study or

studies which exceeds such three complete fiscal year period

the period provided for in such Act shall be substituted for the

three complete fiscal year period in the provisions of this

clause (i); and

(ii) during such interim period from the date a report is

due and the time a report is actually submitted to the Congress; and

(iii) during such additional period thereafter as, in the case

of any river the report for which is submitted to the President

and the Congress for inclusion in the national wild and scenic

rivers system, is necessary for congressional consideration

thereof or, in the case of any river recommended to the Secretary of the Interior under section 2(a)(ii) of this Act, is necessary for the secretary’s consideration thereof, which additional period, however, shall not exceed three years in the first

case and one year in the second.

Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments below or above a

potential wild, scenic or recreational river area or on any stream

tributary thereto which will not invade the area or diminish the

scenic, recreational, and fish and wildlife values present in the potential wild, scenic or recreational river area on the date of designation of a river for study as provided for in section 5 of this Act.

No department or agency of the United State shall, during the periods hereinbefore specified, recommend authorization of any water

resources project on any such river or request appropriations to

begin construction of any such project, whether heretofore or hereafter authorized, without advising the Secretary of the Interior

and, where national forest lands are involved, the Secretary of Agriculture in writing of its intention so to do at least sixty days in
Sec. 8 WILD AND SCENIC RIVERS ACT 1–72

1For a related provision regarding section 9, see section 522(e) of the Surface Mining Control

and Reclamation Act of 1977 (30 U.S.C. 1272(e)).

advance of doing so 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 Act and would affect the component

and the values to be protected by it under this Act.

(c) The Federal Power Commission and all other Federal agencies shall, promptly upon enactment of this Act, inform the Secretary of the Interior and, where national forest lands are involved,

the Secretary of Agriculture, of any proceedings, studies, or other

activities within their jurisdiction which are now in progress and

which affect or may affect any of the rivers specified in section 5,

subsection (a), of this Act. They shall likewise inform him of any

such proceedings, studies, or other activities which are hereafter

commenced or resumed before they are commenced or resumed.

(d) Nothing in this section with respect to the making of a loan

or grant shall apply to grants made under the Land and Water

Conservation Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 4601–5 et

seq.).

SEC. 8. ø16 U.S.C. 1279¿ (a) All public lands within the authorized boundaries of any component of the national wild and scenic rivers system which is designated in section 3 of this Act or

which is hereafter designated for inclusion in that system are hereby withdrawn from entry, sale, or other disposition under the public land laws of the United States. This subsection shall not be construed to limit the authorities granted in section 6(d) or section

14A of this Act.

(b) All public lands which constitute the bed or bank, or are

within one-quarter mile of the bank, of any river which is listed in

section 5, subsection (a), of this Act are hereby withdrawn from

entry, sale, or other disposition under the public land laws of the

United States for the periods specified in section 7, subsection (b),

of this Act. Notwithstanding the foregoing provisions of this subsection or any other provision of this Act, subject only to valid existing rights, including valid Native selection rights under the Alaska Native Claims Settlement Act, all public lands which constitute

the bed or bank, or are within an area extending two miles from

the bank of the river channel on both sides of the river segments

referred to in paragraphs (77) through (88) of section 5(a) are hereby withdrawn from entry, sale, State selection or other disposition

under the public land laws of the United States for the periods

specified in section 7(b) of this Act.

SEC. 9. 1 ø16 U.S.C. 1280¿ (a) Nothing in this Act shall affect

the applicability of the United States mining and mineral leasing

laws within components of the national wild and scenic rivers system except that— (i) all prospecting, mining operations, and other activities

on mining claims which, in the case of a component of the system designated in section 3 of this Act, have not heretofore

been perfected or which, in the case of a component hereafter

designated pursuant to this Act or any other Act of Congress,
1–73 Sec. 10 WILD AND SCENIC RIVERS ACT

are not perfected before its inclusion in the system and all

mining operations and other activities under a mineral lease,

license, or permit issued or renewed after inclusion of a component in the system shall be subject to such regulations as the

Secretary of the Interior or, in the case of national forest lands,

the Secretary of Agriculture may prescribe to effectuate the

purposes of this Act;

(ii) subject to valid existing rights, the perfection of, or

issuance of a patent to, any mining claim affecting lands within the system shall confer or convey a right or title only to the

mineral deposits and such rights only to the use of the surface

and the surface resources as are reasonably required to carrying on prospecting or mining operations and are consistent

with such regulations as may be prescribed by the Secretary

of the Interior or, in the case of national forest lands, by the

Secretary of Agriculture; and

(iii) subject to valid existing rights, the minerals in Federal

lands which are part of the system and constitute the bed or

bank or are situated within one-quarter mile of the bank of

any river designated a wild river under this Act or any subsequent Act are hereby withdrawn from all forms of appropriation under the mining laws and from operation of the mineral

leasing laws including, in both cases, amendments thereto.

Regulations issued pursuant to paragraphs (i) and (ii) of this subsection shall, among other things, provide safeguards against pollution of the river involved and unnecessary impairment of the scenery within the components in question.

(b) The minerals in any Federal lands which constitute the bed

or bank or are situated within one-quarter mile of the bank of any

river which is listed in section 5, subsection (a) of this Act are hereby withdrawn from all forms of appropriation under the mining

laws during the periods specified in section 7, subsection (b) of this

Act. Nothing contained in this subsection shall be construed to forbid prospecting or the issuance of leases, licenses, and permits

under the mineral leasing laws subject to such conditions as the

Secretary of the Interior and, in the case of national forest lands,

the Secretary of Agriculture find appropriate to safeguard the area

in the event it is subsequently included in the system. Notwithstanding the foregoing provisions of this subsection or any other

provision of this Act, all public lands which constitute the bed or

bank, or are within an area extending two miles from the bank of

the river channel on both sides of the river segments referred to

in paragraphs (77) through (88) of section 5(a), are hereby withdrawn, subject to valid existing rights, from all forms of appropriation under the mining laws and from operation of the mineral leasing laws including, in both cases, amendments thereto, during the

periods specified in section 7(b) of this Act.

SEC. 10. ø16 U.S.C. 1281¿ (a) Each component of the national

wild and scenic rivers system shall be administered in such manner as to protect and enhance the values which caused it to be included in said system without, insofar as is consistent therewith,

limiting other uses that do not substantially interfere with public

use and enjoyment of these values. In such administration primary

emphasis shall be given to protecting its esthetic, scenic, historic
Sec. 11 WILD AND SCENIC RIVERS ACT 1–74

1 In section 10(b), the reference is to the ‘‘Wilderness Act’’.

archeologic, and scientific features. Management plans for any such

component may establish varying degrees of intensity for its protection and development, based on the special attributes of the area.

(b) Any portion of a component of the national wild and scenic

rivers system that is within the national wilderness preservation

system, as established by or pursuant to the Act of September 3,

1964 (78 Stat. 890; 16 U.S.C., ch. 23), 1 shall be subject to the provisions of both the Wilderness Act and this Act with respect to

preservation of such river and its immediate environment, and in

case of conflict between the provisions of these Acts the more restrictive provisions shall apply.

(c) Any component of the national wild and scenic rivers system that is administered by the Secretary of the Interior through

the National Park Service shall become a part of the national park

system, and any such component that is administered by the Secretary through the Fish and Wildlife Service shall become a part

of the national wildlife refuge system. The lands involved shall be

subject to the provisions of this Act and the Acts under which the

national park system or national wildlife system, as the case may

be, is administered, and in case of conflict between the provisions

of these Acts, the more restrictive provisions shall apply. The Secretary of the Interior, in his administration of any component of

the national wild and scenic rivers system, may utilize such general statutory authorities relating to areas of the national park system and such general statutory authorities otherwise available to

him for recreation and preservation purposes and for the conservation and management of natural resources as he deems appropriate

to carry out the purposes of this Act.

(d) The Secretary of Agriculture, in his administration of any

component of the national wild and scenic rivers system area, may

utilize the general statutory authorities relating to the national forests in such manner as he deems appropriate to carry out the purposes of this Act.

(e) The Federal agency charged with the administration of any

component of the national wild and scenic rivers system may enter

into written cooperative agreements with the Governor of a State,

the head of any State agency, or the appropriate official of a political subdivision of a State for State or local governmental participation in the administration of the component. The States and their

political subdivisions shall be encouraged to cooperate in the planning and administration of components of the system which include

or adjoin State- or county-owned lands.

SEC. 11. ø16 U.S.C. 1282¿ (a) The Secretary of the Interior

shall encourage and assist the States to consider, in formulating

and carrying out their comprehensive statewide outdoor recreation

plans and proposals for financing assistance for State and local

projects submitted pursuant to the Land and Water Conservation

Fund Act of 1965 (78 Stat. 897), needs and opportunities for establishing State and local wild, scenic and recreational river areas.

(b)(1) The Secretary of the Interior, the Secretary of Agriculture, or the head of any other Federal agency, shall assist, advise, and cooperate with States or their political subdivisions, land-
1–75 Sec. 12 WILD AND SCENIC RIVERS ACT

owners, private organizations, or individuals to plan, protect, and

manage river resources. Such assistance, advice, and cooperation

may be through written agreements or otherwise. This authority

applies within or outside a federally administered area and applies

to rivers which are components of the National Wild and Scenic

Rivers System and to other rivers. Any agreement under this subsection may include provisions for limited financial or other assistance to encourage participation in the acquisition, protection, and

management of river resources.

(2) Wherever appropriate in furtherance of this Act, the Secretary of Agriculture and the Secretary of the Interior are authorized and encouraged to utilize the following:

(A) For activities on federally owned land, the Volunteers

in the Parks Act of 1969 (16 U.S.C. 18g–j) and the Volunteers

in the Forest Act of 1972 (16 U.S.C. 558a–558d).

(B) For activities on all other lands, section 6 of the Land

and Water Conservation Fund Act of 1965 (relating to the development of statewide comprehensive outdoor recreation

plans).

(3) For purposes of this subsection, the appropriate Secretary

or the head of any Federal agency may utilize and make available

Federal facilities, equipment, tools and technical assistance to volunteers and volunteer organizations, subject to such limitations

and restrictions as the appropriate Secretary or the head of any

Federal agency deems necessary or desirable.

(4) No permit or other authorization provided for under provision of any other Federal law shall be conditioned on the existence

of any agreement provided for in this section.

SEC. 12. ø16 U.S.C. 1283¿ (a) The Secretary of the Interior, the

Secretary of Agriculture, and the head of any other Federal department or agency having jurisdiction over any lands which include,

border upon, or are adjacent to, any river included within the National Wild and Scenic Rivers System or under consideration for

such inclusion, in accordance with section 2(a)(ii), 3(a), or 5(a),

shall take such action respecting management policies, regulations,

contracts, plans, affecting such lands, following the date of enactment of this sentence, as may be necessary to protect such rivers

in accordance with the purposes of this Act. Such Secretary or

other department or agency head shall, where appropriate, enter

into written cooperative agreements with the appropriate State or

local official for the planning, administration, and management of

Federal lands which are within the boundaries of any rivers for

which approval has been granted under section 2(a)(ii). Particular

attention shall be given to scheduled timber harvesting, road construction, and similar activities which might be contrary to the

purposes of this Act.

(b) Nothing in this section shall be construed to abrogate any

existing rights, privileges, or contracts affecting Federal lands held

by any private party without the consent of said party.

(c) The head of any agency administering a component of the

national wild and scenic rivers system shall cooperate with the Administrator, Environmental Protection Agency and with the appropriate State water pollution control agencies for the purpose of

eliminating or diminishing the pollution of waters of the river.
Sec. 13 WILD AND SCENIC RIVERS ACT 1–76

SEC. 13. ø16 U.S.C. 1284¿ (a) Nothing in this Act shall affect

the jurisdiction or responsibilities of the States with respect to fish

and wildlife. Hunting and fishing shall be permitted on lands and

waters administered as parts of the system under applicable State

and Federal laws and regulations unless, in the case of hunting,

those lands or waters are within a national park or monument. The

administering Secretary may, however, designate zones where, and

establish periods when, no hunting is permitted for reasons of public safety, administration, or public use and enjoyment and shall

issue appropriate regulations after consultation with the wildlife

agency of the State or States affected.

(b) The jurisdiction of the States and the United States over

waters of any stream included in a national wild, scenic or recreational river area shall be determined by established principles

of law. Under the provisions of this Act, any taking by the United

States of a water right which is vested under either State or Federal law at the time such river is included in the national wild and

scenic rivers system shall entitle the owner thereof to just compensation. Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to

exemption from State water laws.

(c) Designation of any stream or portion thereof as a national

wild, scenic or recreational river area shall not be construed as a

reservation of the waters of such streams for purposes other than

those specified in this Act, or in quantities greater than necessary

to accomplish these purposes.

(d) The jurisdiction of the States over waters of any stream included in a national wild, scenic or recreational river area shall be

unaffected by this Act to the extent that such jurisdiction may be

exercised without impairing the purposes of this Act or its administration.

(e) Nothing contained in this Act shall be construed to alter,

amend, repeal, interpret, modify, or be in conflict with any interstate compact made by any States which contain any portion of the

national wild and scenic rivers system.

(f) Nothing in this Act shall affect existing rights of any State,

including the right of access, with respect to the beds of navigable

streams, tributaries, or rivers (or segments thereof) located in a national wild, scenic or recreational river area.

(g) The Secretary of the Interior or the Secretary of Agriculture, as the case may be, may grant easements and rights-ofway upon, over, under, across, or through any component of the national wild and scenic rivers system in accordance with the laws

applicable to the national park system and the national forest system, respectively: Provided, That any conditions precedent to

granting such easements and rights-of-way shall be related to the

policy and purpose of this Act.

SEC. 14. ø16 U.S.C. 1285¿ The claim and allowance of the

value of an easement as a charitable contribution under section 170

of title 26, United States Code, or as a gift under section 2522 of

said title shall constitute an agreement by the donor on behalf of

himself, his heirs, and assigns that, if the terms of the instrument

creating the easement are violated, the donee or the United States

may acquire the servient estate of its fair market value as of the
1–77 Sec. 16 WILD AND SCENIC RIVERS ACT

time the easement was donated minus the value of the easement

claimed and allowed as a charitable contribution or gift.

SEC. 14A. ø16 U.S.C. 1285a¿ (a) Where appropriate in the discretion of the Secretary, he may lease federally owned land (or any

interest therein) which is within the boundaries of any component

of the National Wild and Scenic Rivers system and which has been

acquired by the Secretary under this Act. Such lease shall be subject to such restrictive covenants as may be necessary to carry out

the purposes of this Act.

(b) 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 immediately before its acquisition by the United States.

SEC. 15. ø16 U.S.C. 1285b¿ Notwithstanding any other provision to the contrary in sections 3 and 9 of this Act, with respect

to components of the National Wild and Scenic Rivers System in

Alaska designated by paragraphs (38) through (50) of sections 3(a)

of this Act—

(1) the boundary of each such river shall include an average of not more than six hundred and forty acres per mile on

both sides of the river. Such boundary shall not include any

lands owned by the State or a political subdivision of the State

nor shall such boundary extend around any private lands adjoining the river in such manner as to surround or effectively

surround such private lands; and

(2) the withdrawal made by paragraph (iii) of section 9(a)

shall apply to the minerals in Federal lands which constitute

the bed or bank or are situated within one-half mile of the

bank of any river designated a wild river by the Alaska National Interest Lands Conservation Act.

SEC. 16. ø16 U.S.C. 1286¿ As used in this Act, the term—

(a) ‘‘River’’ means a flowing body of water or estuary or a section, portion, or tributary thereof, including rivers, streams, creeks,

runs, kills, rills, and small lakes.

(b) ‘‘Free-flowing’’, as applied to any river or section of a river,

means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of

the waterway. The existence, however, of low dams, diversion

works, and other minor structures at the time any river is proposed

for inclusion in the national wild and scenic rivers system shall not

automatically bar its consideration for such inclusion: Provided,

That this shall not be construed to authorize, intend, or encourage

future construction of such structures within components of the national wild and scenic rivers system.

(c) ‘‘Scenic easement’’ means the right to control the use of land

(including the air space above such land) within the authorized

boundaries of a component of the wild and scenic rivers system, for

the purpose of protecting the natural qualities of a designated wild,

scenic or recreational river area, but such control shall not affect,

without the owner’s consent, any regular use exercised prior to the

acquisition of the easement. For any designated wild and scenic

river, the appropriate Secretary shall treat the acquisition of fee

title with the reservation of regular existing uses to the owner as
Sec. 17 WILD AND SCENIC RIVERS ACT 1–78

a scenic easement for purposes of this Act. Such an acquisition

shall not constitute fee title ownership for purposes of section 6(b).

SEC. 17. ø16 U.S.C. 1287¿ There are hereby authorized to be

appropriated, including such sums as have heretofore been appropriated, the following amounts for land acquisition for each of the

rivers described in section 3(a) of this Act:

Clearwater, Middle Fork, Idaho, $2,909,800;

Eleven Point, Missouri, $10,407,000;

Feather, Middle Fork, California, $3,935,700;

Rio Grande, New Mexico, $253,000;

Rogue, Oregon, $15,147,000;

St. Croix, Minnesota and Wisconsin, $21,769,000;

Salmon, Middle Fork, Idaho, $1,837,000; and

Wolf, Wisconsin, $142,150.
1–79

B. LAWS APPLICABLE TO SPECIFIC SEGMENTS OF THE

WILD AND SCENIC RIVERS SYSTEM

Lower Saint Croix River Act of 1972

(Public Law 92–560; Approved October 25, 1972; 86 Stat. 1174; 16 U.S.C. 1274 note)

AN ACT To amend the Wild and Scenic Rivers Act by designating a segment of the

Saint Croix River, Minnesota and Wisconsin, as a component of the national wild

and scenic rivers system.

Be it enacted by the Senate and House of Repesentatives of the

United States of America in Congress assembled, That this Act may

be cited as the ‘‘Lower Saint Croix River Act of 1972’’.

SEC. 2. [Added paragraph (9) of section 3(a) of the Wild and

Scenic Rivers Act (16 U.S.C. 1274(a)).]

SEC. 3. The Secretary of the Interior shall, within one year following the date of enactment of this Act, take, with respect to the

Lower Saint Croix River segment, such action as is provided for

under section 3(b) of the Wild and Scenic Rivers Act: Provided,

That (a) the action required by such section shall be undertaken

jointly by the Secretary and the appropriate agencies of the affected States; (b) the development plan required by such section

shall be construed to be a comprehensive master plan which shall

include, but not be limited to, a determination of the lands, waters,

and interests therein to be acquired, developed, and administered

by the agencies or political subdivisions of the affected States; and

(c) such development plan shall provide for State administration of

the lower twenty-five miles of the Lower Saint Croix River segment

and for continued administration by the States of Minnesota and

Wisconsin of such State parks and fish hatcheries as now lie within

the twenty-seven-mile segment to be administered by the Secretary

of the Interior.

SEC. 4. Notwithstanding any provision of the Wild and Scenic

Rivers Act which limits acquisition authority within a river segment to be administered by a Federal agency, the States of Minnesota and Wisconsin may acquire within the twenty-seven-mile

segment of the Lower Saint Croix River segment to be administered by the Secretary of the Interior such lands as may be proposed for their acquisition, development, operation, and maintenance pursuant to the development plan required by section 3 of

this Act.
Sec. 5 LOWER SAINT CROIX RIVER ACT OF 1972 1–80

SEC. 5. Nothing in this Act shall be deemed to impair or otherwise affect such statutory authority as may be vested in the Secretary of the Department in which the Coast Guard is operating or

the Secretary of the Army for the maintenance of navigation aids

and navigation improvements.

SEC. 6. (a) There are authorized to be appropriated such sums

as may be necessary to carry out the provisions of this Act, but not

to exceed $7,275,000 for the acquisition and development of lands

and interests therein within the boundaries of the twenty-sevenmile segment of the Lower Saint Croix River segment to be administered by the Secretary of the Interior.

(b) No funds otherwise authorized to be appropriated by this

section shall be expended by the Secretary of the Interior until he

has determined that the States of Minnesota and Wisconsin have

initiated such land acquisition and development as may be proposed pursuant to the development plan required by section 3 of

this Act, and in no event shall the Secretary of the Interior expend

more than $2,550,000 of the funds authorized to be appropriated by

this section in the first fiscal year following completion of the development plan required by section 3 of this Act. The balance of funds

authorized to be appropriated by this section shall be expended by

the Secretary of the Interior at such times as he finds that the

States of Minnesota and Wisconsin have made satisfactory progress

in their implementation of the development plan required by section 3 of this Act.
1–81

Missouri Breaks, Montana, Segment

(Title II of Public Law 94–486; Approved October 12, 1976; 90 Stat. 2327; 16 U.S.C.

1274 note)

TITLE II—MISSOURI, MONTANA

SEC. 201. [Added paragraph (14) of section 3(a) of the Wild and

Scenic Rivers Act (16 U.S.C. 1274(a)).]

SEC. 202. After consultation with the State and local governments and the interested public, the Secretary shall, pursuant to

section 3(b) of the Wild and Scenic Rivers Act and within one year

of enactment of this Act— (1) establish detailed boundaries of the river segment designated as a component of the National Wild and Scenic Rivers

System pursuant to section 1 of this Act (hereinafter referred

to as the ‘‘river area’’): Provided, That the boundaries of the

portion of the river area from Fort Benton to Coal Banks Landing and the portion of the river area within the boundaries of

the Charles M. Russell National Wildlife Range shall be drawn

to include only the river and its bed and exclude all adjacent

land except significant historic sites and such campsites and

access points as are deemed necessary by the Secretary, and to

which the Secretary finds no reasonable alternative, as set

forth in the management plan required pursuant to clause (2)

of this section; and

(2) determine, in accordance with the guidelines in section

2(b) of the Wild and Scenic Rivers Act, which of the three

classes—wild river, scenic river, or recreation river—best fit

portions of the river segment, designate such portions in such

classes, and prepare a management plan for the river area in

accordance with such designation.

SEC. 203. (a) The Secretary of the Interior (hereinafter referred

to as the ‘‘Secretary’’) shall manage the river area pursuant to the

provisions of this Act and the Wild and Scenic Rivers Act, and in

accordance with the provisions of the Taylor Grazing Act (48 Stat.

1269), as amended (43 U.S.C. 315), under principles of multiple use

and sustained yield, and with any other authorities available to

him for the management and conservation of natural resources and

the protection and enhancement of the environment, where such

Act, principles, and authorities are consistent with the purposes

and provisions of this Act and the Wild and Scenic Rivers Act.

(b)(1) The Secretary may acquire land and interests in land

only in accordance with the provisions of this Act and the Wild and

Scenic Rivers Act and the limitations contained in section 6 of that

Act and only: (A) at Fort Benton for the visitor facility as provided
Sec. 203 MISSOURI BREAKS, MONTANA, SEGMENT 1–82

in subsection (g)(2) of this section; (B) at the site of Fort McKenzie;

(C) in that portion of the river area downstream from Fort Benton

to Coal Banks Landing for historic sites, campsites, and access

points in accordance with section 202 (1) of this Act; and (D) in

that portion of the river area downstream from Coal Banks Landing so as to provide, wherever practicable and necessary for the

purposes of this Act and the Wild and Scenic Rivers Act, rim-torim protection for such portion.

(2) In accordance with section 6(b) of the Wild and Scenic Rivers Act, the Secretary shall not acquire fee title to any lands by

condemnation under the authority of that Act or this Act, except

that the Secretary may use condemnation when necessary and

within the limitations on acquisition set forth in clause (1) of this

subsection to clear title, acquire scenic easements, or acquire such

other easements as are reasonably necessary to give the public access to the river segment within the river area and to permit its

members to traverse the length of said river area or of selected portions thereof.

(3) The Secretary shall, to the extent feasible, give priority in

expenditure of funds pursuant to this Act for the acquisition and

development of campsites and historic sites, including the site of

the visitor center at Fort Benton and the site of Fort McKenzie.

(c) Consistent with the provisions of this Act and the Wild and

Scenic Rivers Act, the Secretary may issue easements, licenses, or

permits for rights-of-way through, over, or under the lands in Federal ownership within the river area, or for the use of such lands

on such terms and conditions as are in accordance with the provisions of this Act, the Wild and Scenic Rivers Act, and other applicable law.

(d) The Secretary is authorized to permit the construction of a

bridge across the river in the general vicinity of the community of

Winifred, Montana, in order to accommodate the flow of northsouth traffic. Such construction shall be in accordance with a plan

which is mutually acceptable to the Secretary and State and local

highway officials, and which is consistent with the purposes of this

Act and the Wild and Scenic Rivers Act.

(e) To the extent and in a manner consistent with the purposes

of the Wild and Scenic Rivers Act the Secretary shall permit such

pumping facilities and associated pipelines as may be necessary to

assure the continuation of an adequate supply of water from the

Missouri River to the owners of lands adjacent to the river and for

future agricultural use outside the river corridor. The Secretary is

authorized to permit such pumping facilities and associated pipelines for use for fish, wildlife, and recreational uses outside the

river corridor.

(f) The Secretary shall permit hunting and fishing in the river

area in accordance with applicable Federal and State laws, except

that he may designate zones where, and periods when, no hunting

or fishing shall be permitted for reasons of public safety or administration.

(g)(1) The Secretary, acting through the Bureau of Land Management, shall exercise management responsibilities in the river

area for:

(A) the grazing of livestock;
1–83 Sec. 203 MISSOURI BREAKS, MONTANA, SEGMENT

(B) the application of the United States mining and mineral leasing laws;

(C) the management of fish and wildlife habitat;

(D) the diversion and use of water for agricultural and domestic purposes;

(E) the acquisition of lands and interests therein;

(F) the administration of public recreational uses of, and

any historic sites and campsites in, the river area; and

(G) all other management responsibilities including those

set forth in paragraph (2) of this subsection.

(2) The Secretary, acting through the Bureau of Land Management, shall be responsible for the construction, operation, and management of any visitor facility in or near Fort Benton which is

found necessary in accordance with the management plan developed pursuant to section 202 and the provision, at such facility, of

interpretive services for the historic, archeological, scenic, natural,

and fish and wildlife resources of the area.
1–84

Upper Delaware Segment

(Section 704 of the National Parks and Recreation Act of 1978 (Public Law 95–625;

Approved November 10, 1978; 92 Stat. 3523; 16 U.S.C. 1274 note))

SEC. 704. (a) [Added paragraph (19) of section 3(a) of the Wild

and Scenic Rivers Act (16 U.S.C. 1274(a)).]

(b)(1) Notwithstanding any requirement to the contrary contained in section 6(c) of the Wild and Scenic Rivers Act, within one

hundred and eighty days after the date of enactment of this Act,

the Secretary shall publish in the Federal Register general guidelines for land and water use control measures to be developed and

implemented by the appropriate officials of the States of New York

and Pennsylvania (hereinafter referred to as the ‘‘directly affected

States’’), by the local political subdivisions, and by the Delaware

River Basin Commission (hereinafter referred to as the ‘‘Commission’’). The Secretary shall provide for participation in the development of the said general guidelines by all levels of State, county,

and local government, and concerned private individuals and organizations, and also shall seek the advice of the Upper Delaware

Citizens Advisory Council established in subsection (f) (hereinafter

referred to as the ‘‘Advisory Council’’). In each of the directly affected States, prior to publication of such general guidelines, public

hearings shall be conducted by the Secretary or his designee, in the

region of the Upper Delaware River designated by subsection (a)

(hereinafter in this section referred to as the ‘‘Upper Delaware

River’’).

(2) The Secretary may from time to time adopt amended or revised guidelines and shall do so in accordance with the provisions

of paragraph (1) hereof.

(c)(1) Within three years from the date of the enactment of this

Act, the Secretary, in cooperation with the Commission, the Advisory Council, the directly affected States and their concerned political subsidivisions and other concerned Federal agencies, shall develop, approve, and submit to the Governors of the directly affected

States a management plan (hereinafter in this section referred to

as the ‘‘management plan’’ or ‘‘the plan’’) for the Upper Delaware

River which shall provide for as broad a range of land and water

uses and scenic and recreational activities as shall be compatible

with the provisions of this section, the Wild and Scenic Rivers Act,

and the general guidelines for land and water use controls promulgated by the Secretary under the provisions of subsection (b).

(2) The plan shall apply to the Upper Delaware River and shall

set forth—

(A) a map showing detailed final landward boundaries and

upper and lower termini of the area and the specific segments

of the river classified as scenic and recreational, to be administered in accordance with such classifications;
1–85 Sec. 704 UPPER DELAWARE SEGMENT

(B) a program for management of existing and future land

and water use, including the application of available management techniques;

(C) an analysis of the economic and environmental costs

and benefits of implementing the management plan including

any impact of the plan upon revenues and costs of local government;

(D) a program providing for coordinated implementation

and administration of the plan with proposed assignment of responsibilities to the appropriate governmental unit at the Federal, regional, State, and local levels; and

(E) such other recommendations or provisions as shall be

deemed appropriate to carry out the purposes of this section.

(3) Immediately following enactment of this Act, the Secretary,

through the National Park Service or such other designee, shall develop and implement such interim programs as he shall deem necessary and appropriate to protect the Upper Delaware River and

its environs and to protect the public health and safety. Such interim programs shall include provisions for information to river

users, education and interpretation activities, and regulation of recreational use of the river.

(4) To enable the directly affected States and their political

subdivisions to develop and implement programs compatible with

the management plan, the Secretary shall provide such technical

assistance to the said State and their political subdivisions as he

deems appropriate.

(5) The Secretary shall promote public awareness of and participation in the development of the management plan, and shall

develop and conduct a concerted program to this end. Prior to final

approval of the management plan the Secretary shall hold two or

more public hearings in the Upper Delaware River region of each

directly affected State.

(6) Upon approval of the management plan by the Secretary,

it shall be published in the Federal Register and shall not become

effective until ninety days after it shall have been forwarded to the

Committee on Interior and Insular Affairs of the United States

House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The plan shall be administered by the Secretary in accordance with the provisions of

this section and the Wild and Scenic Rivers Act. The Secretary is

hereby granted such authority as may be required to implement

and administer said plan.

(d) Notwithstanding any provision of the Wild and Scenic Rivers Act, the Secretary may not acquire more than a total of four

hundred and fifty acres of land and interests in land for access, development sites, the preservation of scenic qualities, or for any

other purposes: Provided, That the Secretary may acquire additional land and interests in land for such purposes not in excess

of one thousand acres if such additional acquisition is recommended and provided for in the management plan as finally approved by the Secretary. The limitations contained in this section

shall not apply under the circumstances set forth in subsection

(e)(4) of this section. Prior to acquisition of any land or interests

in land which has been used for business purposes during the an-
Sec. 704 UPPER DELAWARE SEGMENT 1–86

nual period immediately preceding the date of the enactment of

this Act, the Secretary shall first make such efforts as he deems

reasonable to acquire easements or restrictive covenants, or to

enter into any other appropriate agreements or arrangements with

the owners of said land consistent with the purposes of this section.

(e)(1) For the purpose of protecting the integrity of the Upper

Delaware River, the Secretary shall review all relevant local plans,

laws, and ordinances to determine whether they substantially conform to the approved management plan provided for in subsection

(c) and to the general guidelines promulgated by the Secretary pursuant to subsection (b). Additionally, the Secretary shall determine

the adequacy of enforcement of such plans, laws, and ordinances,

including but not limited to review of building permits and zoning

variances granted by local governments, and amendments to local

laws and ordinances.

(2) The purpose of such reviews shall be to determine the degree to which actions by local governments are compatible with the

purposes of this section. Following the approval of the management

plan and after a reasonable period of time has elapsed, but not less

than two years, upon a finding by the Secretary that such plans,

laws, and ordinances are nonexistent, are otherwise not in conformance with the management plan or guidelines, or are not being

enforced in such manner as will carry out the purposes of this section (as determined by the Secretary), the Secretary may excercise

the authority available to him under the provisions of paragraph

(4) hereof.

(3) To facilitate administration of this section, the Secretary

may contract with the directly affected States or their political subdivisions to provide, on behalf of the Secretary, professional services necessary for the reveiw of relevant 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 in the region to which the management plan applies. The Secretary shall notify the appropriate

State or local officials as to the results of his review under this section within forty-five days from the date he receives notice of the

local government action.

(4) In those sections of the Upper Delaware River where such

local plans, laws, and ordinances, or amendments thereto or

variances therefrom, are found by the Secretary not to be in conformance with the guidelines or the management plan promulgated

pursuant to subsections (b) and (c) of this section, respectively, or

are not being enforced in such manner as will carry out the purposes of this section (as determined by the Secretary), the Secretary is hereby authorized to acquire land or interests in land in

excess of the acreage provided for in subsection (d) of this section.

Land and interest in land acquired pursuant to this subsection

shall be restricted to the geographical area of the local governmental unit failing to conform with the said guidelines or management plan, and shall be limited to those lands clearly and directly

required in the judgment of the Secretary, for protection of the objectives of this Act. The total acreage of land and interests in land

acquired pursuant to this subsection shall not in any event exceed

the limitations contained in section 6(a) of the Wild and Scenic Riv-
1–87 Sec. 704 UPPER DELAWARE SEGMENT

ers Act. This subsection shall apply notwithstanding the first sentence of section 6(c) of the Wild and Scenic Rivers Act. Notwithstanding any limitation on amounts authorized to be appropriated

for acquisition of land and interests in land which is contained in

section 3(a)(21) of the Wild and Scenic Rivers Act or in any other

provision of law, there are authorized to be appropriated such sums

as may be necessary to carry out this subsection.

(f)(1) At the earliest practicable date following enactment of

this Act, but no later than one hundred and twenty days thereafter, there shall be established an Upper Delaware Citizens Advisory Council. The Advisory Council shall encourage maximum public involvement in the development and implementation of the

plans and programs authorized by this section. It shall report to

the Commission and the Secretary from time to time during the

preparation of the management plan. Following completion of the

management plan, it shall report to the Secretary and the Governors of the directly affected States no less frequently than once

each year its recommendations, if any, for improvement in the programs authorized by this Act, or in the programs of other agencies

which may relate to land or water use in the Upper Delaware

River region. The Advisory Council shall terminate 20 years after

the date on which it is established.

(2) Membership on the Advisory Council shall consist of seventeen members’ appointed as follows: there shall be—

(A) six members from each of the directly affected States

appointed by the Secretary from nominations submitted by the

legislatures of the respective counties and appointed such that

two members shall be from each of Orange, Delaware, and Sullivan Counties, New York, and three members shall be from

each of Wayne and Pike Counties, Pennsylvania (at least one

appointee from each county shall be a permanent resident of

a municipality abutting the Upper Delaware River);

(B) two members appointed at large by each Governor of

a directly affected State; and

(C) one member appointed by the Secretary.

The Secretary shall designate one of the aforesaid members to

serve as Chairperson of the Advisory Council who shall be a permanent resident of one of the aforementioned counties. Vacancies

on the Advisory Council shall be filled in the same manner in

which the original appointment was made. Members of the Advisory Council shall serve without compensation as such, but the Secretary is authorized to pay expenses reasonably incurred by the

Advisory Council in carrying out its responsibilities under this Act

on vouchers signed by the Chairman.

(g) With respect to the land and water in areas which are not

owned by the United States but which are within the boundaries

of the segment of the Delaware River designated as a wild and scenic river under subsection (a), the Secretary is authorized to enter

into contracts with the appropriate State or political subdivisions

thereof pursuant to which the Secretary may provide financial assistance to such State or political subdivision for purposes of—

(1) enforcing State and local laws in such areas, and

(2) removing solid waste from such areas and disposing of

such waste.
Sec. 704 UPPER DELAWARE SEGMENT 1–88

(h) Nothing in this section shall be construed as limiting to the

right to fish and hunt on any of the lands or waters within the

boundaries of the Upper Delaware River in the manner provided

in section 13 of the Wild and Scenic Rivers Act.

(i) There are hereby authorized to be appropriated to carry out

the purposes of this section such sums as may be necessary.

(j) Where any provision of the Wild and Scenic Rivers Act is

inconsistent with any provision of this section, the provision of this

section shall govern. In applying the provisions of section 6(g)(3) of

the Wild and Scenic Rivers Act, with regard to ‘‘improved property’’, the date specified therein, shall, for purposes of the river designated in this Act, be the date of enactment of this Act (rather

than January 1, 1967).
1–89

Cache la Poudre, Colorado, Segment

(Title I of Public Law 99–590; Approved October 30, 1986; 100 Stat. 3330; 16 U.S.C.

1274 note)

TITLE I—CACHE LA POUDRE, COLORADO

SEC. 101. [Added paragraph (56) [now paragraph (57)] of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)).]

SEC. 102. Inclusion of the designated portions of the Cache la

Poudre River and the Wild and Scenic Rivers System under section

101 of this title shall not interfere with the exercise of existing decreed water rights to water which has heretofore been stored or diverted by means of the present capacity of storage, conveyance, or

diversion structures that exist as of the date of enactment of this

title, or operation and maintenance of such structures. Nor shall

inclusion of the designated portions of the Cache la Poudre River

in the Wild and Scenic Rivers System be utilized in any Federal

proceeding, whether concerning a license, permit, right-of-way, or

other Federal action, as a reason or basis to prohibit the development or operation of any water impoundments, diversion facilities,

and hydroelectric power and transmission facilities below Poudre

Park located entirely downstream from and potentially affecting

designated portions of the Cache la Poudre River, or relocation of

highway 14 to any point east of the north-south half section line

of section 2, township 8 north, range 71 west of the sixth principal

meridian, as necessary to provide access to Poudre Park around

such facilities: Provided, That due consideration shall be given to

reasonable measures for minimizing the impact of such facilities

and road relocation on the designated segments. Congress finds

that development of water impoundments, diversion facilities, and

hydroelectric power and transmission facilities located entirely

downstream from the designated portions of the Cache la Poudre

River below Poudre Park, in accordance with the provisions of this

section, is not incompatible with the designation of portions of the

Cache la Poudre River in the Wild and Scenic Rivers System under

section 101 of this title. The reservation of water established by the

inclusion of portions of the Cache la Poudre River in the Wild and

Scenic Rivers System shall be subject to the provisions of this title,

shall be adjudicated in Colorado Water Court, and shall have a priority date as of the date of enactment of this title.

SEC. 103. (a) GRANTS AND ASSISTANCE.—The Secretary of Agriculture, acting through the Chief of the Forest Service, shall provide grants and technical assistance to the city of Fort Collins, Colorado, to carry out a study regarding the designation of the following area as a national recreation area: the 18.5-mile segment of
Sec. 104 CACHE LA POUDRE, COLORADO, SEGMENT 1–90

the Cache la Poudre River Corridor from the northwest boundary

of the city of Fort Collins urban growth area to the Weld-Larimer

County line.

(b) STUDY.—The study under this section shall include each of

the following:

(A) a comprehensive evaluation of the public recreation opportunities and flood plain management options which are

available with respect to the river corridor involved;

(B) an evaluation of the natural, historical, and recreational values of such corridor;

(C) patterns for possible land acquisition within the corridor which are deemed necessary for the purpose of resource

protection, scenic and integrity, or management and administration of the corridor area;

(D) cooperative management proposals for the administration of the corridor area;

(E) the number of visitors and types of public use within

the corridor area that can be accommodated in accordance with

the full protection of its resources; and

(F) the facilities deemed necessary to accommodate and

provide access for such visitors and uses, including the location

and estimated costs of such facilities.

(c) REPORT TO CONGRESS.—Within three years of the date of

enactment of this title, the Secretary of Agriculture shall transmit

to the Congress a comprehensive report containing the results of

the study conducted pursuant to this section.

(d) FUNDING.—There are hereby authorized to be appropriated

up to $150,000 to carry out the provisions of this section.

(e) COST SHARING.—Not more than 75 per centum of the cost

of the study carried out under this section shall be paid by the

United States: Provided, That in no event shall the contribution of

the United States exceed $150,000. The remaining portion of such

costs shall be contributed by interested parties. The portion contributed by such interested parties may consist of appropriated

funds or contributed services.

SEC. 104. Notwithstanding any other provision of law, the Secretaries of Agriculture and the Interior shall, within 30 days of the

enactment of this title, complete the exchange as described in the

Decision Notice and Finding of No Significant Impact, Trust For

Public Land Proposed Land-for-Land Exchange, signed by the

Rocky Mountain Regional Forester, on August 22, 1985, to acquire

certain private lands in the portion of the Cache La Poudre River

designated in section 3(a)(56)(B) of the Wild and Scenic Rivers Act

(16 U.S.C. 1274(a)(56)(B)).
1–91

Farmington Wild and Scenic River Study Act

(Title II of Public Law 99–590; Approved October 30, 1986; 100 Stat. 3332)

TITLE II—FARMINGTON, WEST BRANCH, CONNECTICUT

AND MASSACHUSETTS

SEC. 201. This title may be cited as the ‘‘Farmington Wild and

Scenic River Study Act’’.

SEC. 202. (a) The Congress finds that— (1) the West Branch of the Farmington River and related

land areas possess resource values of national significance,

such as significant white water rapids, undeveloped lands, scenic and cultural areas, important sport fisheries, and prime agricultural lands;

(2) based on the National Rivers Inventory by the National

Park Service, published in January 1982, this portion of the

Farmington River is eligible for study for inclusion in the wild

and scenic rivers system;

(3) there is strong support among local, State, and Federal

officials, area residents, and river users for a concerted cooperative effort to manage the river in a productive and meaningful

way; and

(4) in view of the longstanding Federal practice of assisting

States and local governments in protecting, conserving, and enhancing rivers of national significance, the United States has

an interest in assisting the States of Connecticut and the Commonwealth of Massachusetts and the appropriate local governments in managing the river.

(b) [Added paragraph (92) of section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)).]

(c) [Omitted-Amendment]

(d)(1) At the earliest practicable date following the enactment

of this title, but not later than forty-five days after enactment, the

Secretary of the Interior (hereinafter in this title referred to as the

‘‘Secretary’’) shall establish the Farmington River Study Committee

(hereinafter in this title referred to as the ‘‘Committee’’). The Secretary shall consult with the Committee on a regular basis during

the conduct of the study. Membership on the Committee shall consist of seventeen members appointed by the Secretary as follows:

(A) One member shall be appointed by the Secretary.

(B) Two members shall be appointed by the Secretary from

a list of candidates supplied to the Secretary by the Governor

of the State of Connecticut.

(C) Two members shall be appointed by the Secretary from

a list of candidates supplied to the Secretary by the Governor

of the Commonwealth of Massachusetts.
Sec. 202 FARMINGTON WILD AND SCENIC RIVER STUDY ACT 1–92

(D) Two members shall be appointed by the Secretary from

a list of candidates supplied to the Secretary by the Farmington River Watershed Association.

(E) One member shall be appointed by the Secretary from

each of the eight towns located along the West Branch of the

river. The governing body of each of the eight towns shall provide a list of candidates to the Secretary from which the eight

appointments under this paragraph shall be made.

(F) Two members shall be appointed by the Secretary from

a list of candidates supplied to the Secretary by the Metropolitan District Commission of Hartford, Connecticut.

(2) The members of the Committee shall elect a chairman, vice

chairman, and recording secretary from the membership at the

first official meeting of the Committee. Official minutes shall be

kept of each regular and special meeting of the Committee and

shall be open for public inspection.

(3) Any vacancy on the Committee shall be filled in the same

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. Vacancies in the membership

of the Committee shall not affect its power to function if there remain sufficient members to constitute a quorum under paragraph

(4) of this subsection.

(4) A majority of the members of the Committee shall constitute a quorum for all meetings.

(5) The Committee shall advise the Secretary in conducting the

study of the Farmington River segment specified in section 5(a)(92)

of the Wild and Scenic Rivers Act. The Committee also shall advise

the Secretary concerning management alternatives should the river

be included in the wild and scenic rivers system.

(6) Members of the Committee shall serve without compensation but may be compensated for reasonable and necessary expenses incurred by them in the performance of their duties as

members of the Committee.

(7) The Committee may accept and utilize the services of voluntary, uncompensated personnel.

(8) The Committee shall terminate on the later of the following:

(A) the completion of the river study of the Farmington

River described in section 5(a)(92) of the Wild and Scenic Rivers Act; or

(B) the publication of management alternatives should the

river be included in the wild and scenic rivers system.

(e) As used in this title (other than in subsection (b)) the term

‘‘River’’ means the segments of the Farmington River described in

paragraph (92) of section 5(a) of the Wild and Scenic Rivers Act (16

U.S.C. 1275(a)).

(f) There are authorized to be appropriated up to $150,000 to

carry out the purposes of this title.
1–93

Niobrara Scenic River Designation Act of 1991

(Public Law 102–50; Approved May 24, 1991; 105 Stat. 254; 16 U.S.C. 1274 note)

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Niobrara Scenic River Designation

Act of 1991’’.

SEC. 2. DESIGNATION OF THE RIVER.

[Added paragraph (117) to section 3(a) of the Wild and Scenic

Rivers Act (16 U.S.C. 1274(a)).]

SEC. 3. STUDY OF 6-MILE SEGMENT.

(a) STUDY.—[Added paragraph (111) to section 5(a) of the Wild

and Scenic Rivers Act (16 U.S.C. 1276(a)).]

(b) WATER RESOURCES PROJECT.—If, within 5 years after the

date of enactment of this Act, funds are not authorized and appropriated for the construction of a water resources project on the 6-

mile segment of the Niobrara River from its confluence with Chimney Creek to its confluence with Rock Creek, at the expiration of

such 5-year period the 6-mile segment shall be designated as a

component of the National Wild and Scenic Rivers System by operation of law, to be administered by the Secretary of the Interior in

accordance with sections 4 and 5 of this Act and the applicable provisions of the Wild and Scenic Rivers Act (16 U.S.C. 1271–1287).

The Secretary of the Interior shall publish notification to that effect

in the Federal Register.

SEC. 4. LIMITATIONS ON CERTAIN ACQUISITION.

(a) LIMITATIONS.—In the case of the 40-mile and 30-mile segments of the Niobrara River described in the amendment to the

Wild and Scenic Rivers Act made by section 2 of this Act, the Secretary of the Interior shall not, without the consent of the owner,

acquire for purposes of such segment land or interests in land in

more than 5 percent of the area within the boundaries of such segments, and the Secretary shall not acquire, without the consent of

the owner, fee ownership of more than 2 percent of such area. The

limitations on land acquisition contained in this subsection shall be

in addition to, and not in lieu of, the limitations on acquisition contained in section 6 of the Wild and Scenic Rivers Act.

(b) FINDING; EXCEPTION.—The 5 percent limitation and the 2 percent limitation contained in subsection (a) of this section shall not

apply if the Secretary of the Interior finds, after notice and opportunity for public comment, that State or local governments are not,

through statute, regulation, ordinance, or otherwise, adequately

protecting the values for which the segment concerned is designated as a component of the national wild and scenic rivers system.
Sec. 5 NIOBRARA SCENIC RIVER DESIGNATION ACT OF 1991 1–94

SEC. 5. NIOBRARA SCENIC RIVER ADVISORY COMMISSION.

(a) ESTABLISHMENT.—There is hereby established the Niobrara

Scenic River Advisory Commission (hereinafter in this Act referred

to as the ‘‘Commission’’). The Commission shall advise the Secretary of the Interior (hereinafter referred to as the ‘‘Secretary’’) on

matters pertaining to the development of a management plan, and

the management and operation of the 40-mile and 30-mile segments of the Niobrara River designated by section 2 of this Act

which lie outside the boundary of the Fort Niobrara National Wildlife Refuge and that segment of the Niobrara River from its confluence with Chimney Creek to its confluence with Rock Creek.

(b) MEMBERSHIP.—The Commission shall consist of 11 members

appointed by the Secretary— (1) 3 of whom shall be owners of farm or ranch property

within the upper portion of the designated river corridor between the Borman Bridge and the Meadville;

(2) 3 of whom shall be owners of farm or ranch property

within the lower portion of the designated river corridor between the Meadville Bridge and the bridge on Highway 137;

(3) 1 of whom shall be a canoe outfitter who operates within

the river corridors;

(4) 1 of whom shall be chosen from a list submitted by the

Governor of Nebraska;

(5) 2 of whom shall be representatives of the affected county

governments or natural resources districts; and

(6) 1 of whom shall be a representative of a conservation organization who shall have knowledge and experience in river

conservation.

(c) TERMS.—Members shall be appointed to the Commission for

a term of 3 years. A member may serve after the expiration of his

term until his successor has taken office.

(d) CHAIRPERSON; VACANCIES.—The Secretary shall designate 1

of the members of the Commission, who is a permanent resident

of Brown, Cherry, Keya Paha, or Rock Counties, to serve as Chairperson. Vacancies on the Commission shall be filled in the same

manner in which the original appointment was made. Members of

the Commission shall serve without compensation, but the Secretary is authorized to pay expenses reasonably incurred by the

Commission in carrying out its responsibilities under this Act on

vouchers signed by the Chairperson.

(e) TERMINATION.—The Commission shall cease to exist 10 years

from the date of enactment of this Act.

SEC. 6. MISSOURI RIVER PROVISIONS.

(a) ADMINISTRATION.—The administration of the Missouri River

segment designated in section 2 of this Act shall be in consultation

with a recreational river advisory group to be established by the

Secretary. Such group shall include in its membership representatives of the affected States and political subdivisions thereof, affected Federal agencies, organized private groups, and such individuals as the Secretary deems desirable.

(b) BRIDGES.—The designation of the Missouri River segment by

the amendment made by section 2 of this Act shall not place any

additional requirements on the placement of bridges other than

those contained in section 303 of title 49, United States Code.
1–95 Sec. 7 NIOBRARA SCENIC RIVER DESIGNATION ACT OF 1991

(c) EROSION CONTROL.—Within the Missouri River segment designated by the amendment made by section 2 of this Act, the Secretary shall permit the use of erosion control techniques, including

the use of rocks from the area for streambank stabilization purposes, subject to such conditions as the Secretary may prescribe, in

consultation with the advisory group described in subsection (a) of

this section, to protect the resource values for which such river segment was designated.

SEC. 7. NATIONAL RECREATION AREA STUDY.

(a) IN GENERAL.—The Secretary of the Interior, acting through

the Director of the National Park Service, shall undertake and

complete a study, within 18 months after the date of enactment of

this section, regarding the feasibility and suitability of the designation of lands in Knox County and Boyd County, Nebraska, generally adjacent to the recreational river segments designated by the

amendments made by section 2 of this Act and adjacent to the

Lewis and Clark Reservoir, as a national recreation area. The Secretary may provide grants and technical assistance to the State of

Nebraska, the Santee Sioux Indian Tribal Council, and the political

subdivisions having jurisdiction over lands in these 2 counties to

assist the Secretary in carrying out such study. The study under

this section shall be prepared in consultation with the Santee Sioux

Tribe, affected political subdivisions, and relevant State agencies.

The study shall include as a minimum each of the following:

(1) A comprehensive evaluation of the public recreational opportunities and the flood plain management options which are

available with respect to the river and creek corridors involved.

(2) An evaluation of the natural, historical, paleontological,

and recreational resources and values of such corridors.

(3) Recommendations for possible land acquisition within the

corridor which are deemed necessary for the purpose of resource protection, scenic protection and integrity, recreational

activities, or management and administration of the corridor

areas.

(4) Alternative cooperative management proposals for the administration and development of the corridor areas.

(5) An analysis of the number of visitors and types of public

use within the corridor areas that can be accommodated in accordance with the full protection of its resources.

(6) An analysis of the facilities deemed necessary to accommodate and provide access for such recreational uses by visitors, including the location and estimated costs of such facilities.

(b) SUBMISSION OF REPORT.—The results of such study shall be

transmitted to the Committee on Interior and Insular Affairs of the

House of Representatives and the Committee on Energy and Natural Resources of the Senate.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

There are hereby authorized to be appropriated such sums as

may be necessary to carry out the provisions of this Act.
1–96

Allegheny River Segment

(Public Law 102–271; Approved April 20, 1992; 106 Stat. 108; 16 U.S.C. 1274 note)

SECTION 1. DESIGNATION OF ALLEGHENY RIVER.

[Added paragraph (133) to section 3(a) of the Wild and Scenic

Rivers Act (16 U.S.C. 1274(a)).]

SEC. 2. ADVISORY COUNCILS FOR THE ALLEGHENY NATIONAL RECREATIONAL RIVER.

(a) ESTABLISHMENT.—The Secretary of Agriculture (hereafter in

this Act referred to as the ‘‘Secretary’’) shall establish within 120

days after the date of enactment of this Act 2 advisory councils to

advise him on the establishment of final boundaries and the management of the river segments designated by section 1 of this Act

(hereinafter referred to as the ‘‘Allegheny National Wild and Scenic

River’’), as follows:

(1) The Northern Advisory Council, to provide advice for the

management of the segments of the Allegheny National Wild

and Scenic River between Kinzua Dam and Alcorn Island.

(2) The Southern Advisory Council, to provide advice for the

management of the segment of the Allegheny National Wild

and Scenic River between Franklin and Emlenton.

(b) NORTHERN ADVISORY COUNCIL.—(1) The Northern Advisory

Council shall be composed of 9 members appointed by the Secretary as follows:

(A) The Forest Supervisor of the Allegheny National Forest,

or his designee, who shall serve as chair of the Council and be

a nonvoting member.

(B) The Secretary of the Department of Environmental Resources of the Commonwealth of Pennsylvania, or his designee.

(C) 6 members, 2 from each county from recommendations

submitted by the County Commissioners of Warren, Forest,

and Venango Counties, of which no fewer than 2 such members shall be riparian property owners along the Allegheny National Wild and Scenic River.

(D) One member from a nonprofit conservation organization

concerned with the protection of natural resources from recommendations submitted by the Governor of the Commonwealth of Pennsylvania.

(2) Members appointed under subparagraphs (C) and (D) of paragraph (1) shall be appointed for terms of 3 years. A vacancy in the

Council shall be filled in the manner in which the original appointment was made.

(3) Members of the Northern Advisory Council shall serve without pay as such and members who are full-time officers or employees of the United States shall receive no additional pay by reason

of their service on the Commission. Each member shall be entitled
1–97 Sec. 3 ALLEGHENY RIVER SEGMENT

to reimbursement for expenses reasonably incurred in carrying out

their responsibilities under this Act.

(4) The Northern Advisory Council shall cease to exist 10 years

after the date on which the Secretary approves the management

plan for the Allegheny National Recreation River.

(c) SOUTHERN ADVISORY COUNCIL.—(1) The Southern Advisory

Council shall be composed of 7 members appointed by the Secretary as follows:

(A) The Forest Supervisor of the Allegheny National Forest,

or his designee, who shall serve as a nonvoting member.

(B) The Secretary of the Department of Environmental Resources of the Commonwealth of Pennsylvania, or his designee,

who shall serve as chairman.

(C) 4 members from recommendations submitted by the

County Commissioners of Venango County, of which at least

one shall be a riparian property owner along the Allegheny National Wild and Scenic River.

(D) One member from a nonprofit conservation organization

concerned with the protection of natural resources, from recommendations submitted by the Governor of the Commonwealth of Pennsylvania.

(2) Members appointed under subparagraphs (C) and (D) of paragraph (1) shall be appointed for terms of 3 years. A vacancy of the

county representatives on the Council shall be filled in the manner

in which the original appointment was made.

(3) Members of the Southern Advisory Council shall serve without pay as such and members who are full-time officers or employees of the United States shall receive no additional pay by reason

of their service on the Commission. Each member shall be entitled

to reimbursement for expenses reasonably incurred in carrying out

their responsibilities under this Act.

(4) The Southern Advisory Council shall cease to exist 10 years

after the date on which the Secretary approves the management

plan for the Allegheny National Recreation River.

SEC. 3. ADMINISTRATION OF ALLEGHENY NATIONAL WILD AND

SCENIC RIVER.

(a) BOUNDARIES.—After consultation with the Commonwealth of

Pennsylvania, advisory councils, local governments, and the public,

and within 18 months after the enactment of this Act, the Secretary shall take such action with respect to the segments of the

Allegheny River designated under section 1 of this Act as is

required under section 3(b) of the Wild and Scenic Rivers Act.

(b) INTERIM MEASURES.—As soon as practicable after enactment

of this Act, the Secretary, shall issue guidelines specifying standards for local zoning ordinances, pursuant to section 6(c) of the

Wild and Scenic Rivers Act, with the objective of protecting the

outstandingly remarkable values of the Allegheny Wild and Scenic

River, as defined by the Secretary. Once issued, such guidelines

shall have the force and effect provided in section 6(c) of the Wild

and Scenic Rivers Act.

(c) ADMINISTRATION OF CERTAIN SEGMENTS.—(1) Land and mineral rights acquired by the Secretary for the purpose of managing

the Allegheny National Wild and Scenic River segments located
Sec. 6 ALLEGHENY RIVER SEGMENT 1–98

between Kinzua Dam and Alcorn Island shall be added to and become part of the Allegheny National Forest.

(2) Land and mineral rights acquired by the Secretary for the

purpose of managing the Allegheny National Wild and Scenic River

segment located between Franklin and Emlenton may be managed

under a cooperative agreement with the Commonwealth of

Pennsylvania.

SEC. 5. STUDY RIVERS.

[Added paragraphs (125) and (126) to section 5(a) of the Wild

and Scenic Rivers Act (16 U.S.C. 1276).]

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be

necessary to carry out this Act.
1–99

Arkansas Wild and Scenic Rivers Act of 1992

(Public Law 102–275; Approved April 22, 1992; 106 Stat. 123; 16 U.S.C. 1274 note)

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Arkansas Wild and Scenic Rivers

Act of 1992’’.

SEC. 2. WILD, SCENIC, AND RECREATIONAL RIVER DESIGNATIONS.

[Added paragraphs (134) through (141) to section 3(a) of the Wild

and Scenic Rivers Act (16 U.S.C. 1274(a)).]

SEC. 3. FEDERAL PROTECTION FOR STATE DESIGNATED RIVERS.

(a) IN GENERAL.—The river segments described in subsection (b)

are designated as components of the National Wild and Scenic Rivers System to be managed by the State of Arkansas in accordance

with the requirements for rivers included in the National Wild and

Scenic Rivers System pursuant to section 2(a)(ii) of the Wild and

Scenic Rivers Act (16 U.S.C. 1273(a)(ii)).

(b) RIVER SEGMENTS.—The river segments referred to in subsection (a) are—

(1) the 10.4-mile segment of the Cossatot River from the Forest Proclamation Boundary to the intersection with State Highway 4; and

(2) the 0.3-mile segment of the Brushy Creek tributary from

the Forest Proclamation Boundary to its confluence with the

Cossatot River.

SEC. 4. SAVINGS PROVISION.

Nothing in this Act is intended to prohibit the Secretary of the

Army from—

(1) operating Gillham Lake, including lake levels and releases, in a manner consistent with the Gillham project (as authorized by section 203 of the Flood Control Act of 1958 (Public

Law 85–500)); or

(2) establishing a public use area for float trip termination

at the confluence of the Cossatot River with Gillham Lake.
1–100

Great Egg Harbor River Segment

(Public Law 102–536; Approved October 27, 1992; 106 Stat. 3528; 16 U.S.C. 1274

note)

SECTION 1. DESIGNATION.

[Added paragraph (145) to section 3(a) of the Wild and Scenic

Rivers Act (16 U.S.C. 1274(a)).]

SEC. 2. MANAGEMENT.

(a) DUTIES OF SECRETARY.—The Secretary of the Interior shall

manage the river segments designated as components of the National Wild and Scenic Rivers System by this Act through cooperative agreements with the political jurisdictions within which such

segments pass, pursuant to section 10(e) of the Wild and Scenic

Rivers Act, and in consultation with such jurisdictions, except that

publicly-owned lands within the boundaries of such segments shall

continue to be managed by the agency having jurisdiction over such

lands.

(b) AGREEMENTS.—(1) Cooperative agreements for management

of the river segments referred to in subsection (a) shall provide for

the long-term protection, preservation, and enhancement of such

segments and shall be consistent with the comprehensive management plans for such segments to be prepared by the Secretary of

the Interior pursuant to section 3(d) of the Wild and Scenic Rivers

Act and with local river management plans prepared by appropriate local political jurisdictions in conjunction with the Secretary

of the Interior.

(2) The Secretary of the Interior, in consultation with appropriate representatives of local political jurisdictions and the State

of New Jersey, shall review local river management plans described in paragraph (1) to assure that their proper implementation

will protect the values for which the river segments described in

subsection (a) were designated as components of the National Wild

and Scenic Rivers System. If after such review the Secretary determines that such plans meet the protection standards for local zoning ordinances specified in section 6(c) of the Wild and Scenic Rivers Act, such plans shall be deemed to constitute ‘‘local zoning ordinances’’ and each township and other incorporated local jurisdiction

covered by such plans shall be deemed to constitute a ‘‘village’’ for

the purposes of section 6(c) (prohibiting the acquisition of lands by

condemnation) of the Wild and Scenic Rivers Act.

(3) The Secretary of the Interior shall biennially review compliance with the local river management plans described in paragraph

(1) and shall promptly 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 any deviation from

such plans which could result in any diminution of the values for
1–101 Sec. 2 GREAT EGG HARBOR RIVER SEGMENT

which the river segment concerned was designated as a component

of the National Wild and Scenic Rivers System.

(c) PLANNING ASSISTANCE.—(1) The Secretary of the Interior

may provide planning assistance to local political subdivisions of

the State of New Jersey through which flow river segments that

are designated as components of the National Wild and Scenic Rivers System, and may enter into memoranda of understanding or cooperative agreements with officials or agencies of the United States

or the State of New Jersey to ensure that Federal and State programs that could affect such segments are carried out in a manner

consistent with the Wild and Scenic Rivers Act and applicable river

management plans.

(2) For purposes of the planning assistance authorized and reviews required by this subsection, there are hereby authorized to

be appropriated not to exceed $70,000 annually.
1–102

Other New Jersey Segments

(Public Law 103–162; Approved December 1, 1993; 107 Stat. 1968; 16 U.S.C. 1274

note)

SECTION 1. FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress finds that— (1) the Maurice River and its tributaries, Menantico Creek,

the Manumuskin River, and Muskee Creek, are eligible for inclusion into the National Wild and Scenic Rivers System, the

segments and their classifications being as follows— (A) the Maurice River, lower segment, from the United

States Geological Survey Station at Shellpile to Route 670

Bridge at Mauricetown, approximately 7.0 miles, as a recreational river;

(B) the Maurice River, middle segment, from Route

670 Bridge at Mauricetown to 3.6 miles upstream (at

drainage ditch just upstream of Fralinger Farm), approximately 3.8 miles as a scenic river;

(C) the Maurice River, middle segment, from the

drainage ditch just upstream of Fralinger Farm to one-half

mile upstream from the United States Geological Survey

Station at Burcham Farm, approximately 3.1 miles, as a

recreational river;

(D) the Maurice River, upper segment, from one-half

mile upstream from the United States Geological Survey

Station at Burcham Farm to the south side of the Millville

sewage treatment plant, approximately 3.6 miles, as a scenic river;

(E) the Menantico Creek, lower segment, from its confluence with the Maurice River to the Route 55 Bridge, approximately 1.4 miles, as a recreational river;

(F) the Menantico Creek, upper segment, from the

Route 55 Bridge to the base of the Impoundment at

Menantico Lake, approximately 6.5 miles, as a scenic

river;

(G) the Manumuskin River, lower segment, from its

confluence with the Maurice River to 2.0 miles upstream,

as a recreational river;

(H) the Manumuskin River, upper segment, from 2.0

miles upstream from its confluence with the Maurice River

to headwaters near Route 557, approximately 12.3 miles,

as a scenic river; and

(I) the Muskee Creek from its confluence to the Pennsylvania Reading Seashore Line Railroad bridge, approximately 2.7 miles, as a scenic river;

(2) a resource assessment of the Maurice River and its

tributaries, Menantico Creek, the Manumuskin River, and the
1–103 Sec. 3 OTHER NEW JERSEY SEGMENTS

Muskee Creek shows that the area possesses numerous outstandingly remarkable natural, cultural, scenic, and recreational resources that are significant at the local, regional,

and international levels, including rare plant and animal species and critical habitats for birds migrating to and from the

north and south hemispheres; and

(3) a river management plan for the river system has been

developed by the Cumberland County Department of Planning

and Development and adopted by the Maurice River Township,

Commercial Township, and the City of Millville that would

meet the requirements of section 6(c) of the Wild and Scenic

Rivers Act, the City of Vineland has adopted a master plan

which calls for river planning and management and is in the

process of adopting zoning ordinances to implement their plan,

and Buena Vista Township in Atlantic County has adopted a

land use plan consistent with the Pinelands Comprehensive

Plan which is more restrictive than the Cumberland County

local river management plan.

(b) PURPOSES.—The purposes of this Act are to—

(1) declare the importance and irreplaceable resource values of the Maurice River and its tributaries to water quality,

human health, traditional economic activities, ecosystem integrity, biotic diversity, fish and wildlife, scenic open space and

recreation and protect such values through designation of the

segments as components of the National Wild and Scenic Rivers System;

(2) recognize that the Maurice River System will continue

to be threatened by major development and that land use regulations of the individual local political jurisdictions through

which the river segments pass cannot alone provide for an adequate balance between conservation of the river’s resources

and commercial and industrial development; and

(3) recognize that segments of the Maurice River and its

tributaries additional to those designated under this Act are eligible for potential designation at some point in the near future.

SEC. 2. DESIGNATION.

[Added paragraphs (146) through (153) of section 3(a) of the

Wild and Scenic Rivers Act (16 U.S.C. 1274(a)).]

SEC. 3. MANAGEMENT.

(a) DUTIES OF SECRETARY.—The Secretary of the Interior shall

manage the river segments designated as components of the National Wild and Scenic Rivers System by this Act through cooperative agreements with the political jurisdictions within which such

segments pass, pursuant to section 10(e) of the Wild and Scenic

Rivers Act, and in consultation with such jurisdictions, except that

publicly-owned lands within the boundaries of such segments shall

continue to be managed by the agency having jurisdiction over such

lands.

(b) AGREEMENTS.—(1) Cooperative agreements for management

of the river segments referred to in subsection (a) shall provide for

the long-term protection, preservation, and enhancement of such

segments and shall be consistent with the comprehensive manage-
Sec. 3 OTHER NEW JERSEY SEGMENTS 1–104

ment plan for such segments to be prepared by the Secretary of the

Interior pursuant to section 3(d) of the Wild and Scenic Rivers Act

and with the local river management plans prepared by appropriate local political jurisdictions in conjunction with the Secretary

of the Interior.

(2) The Secretary of the Interior, in consultation with appropriate representatives of local political jurisdictions and the State

of New Jersey, shall review local river management plans described in paragraph (1) to assure that their proper implementation

will protect the values for which the river segments described in

section 2 were designated as components of the National Wild and

Scenic Rivers System. If after such review the Secretary determines that such plans and their implementing local zoning ordinances meet the protection standards specified in section 6(c) of the

Wild and Scenic Rivers Act, then such plans shall be deemed to

constitute ‘‘local zoning ordinances’’ and each township and other

incorporated local jurisdiction covered by such plans shall be

deemed to constitute a ‘‘village’’ for the purposes of section 6(c)

(prohibiting the acquisition of lands by condemnation) of the Wild

and Scenic Rivers Act.

(3) The Secretary of the Interior shall biennially review compliance with the local river management plans described in paragraph

(1) and shall promptly report 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 any deviation from such which would result in any diminution of the values for which the river segment concerned was designated as a component of the National Wild and Scenic Rivers

System.

(c) PLANNING ASSISTANCE.—The Secretary of the Interior may

provide planning assistance to local political subdivisions of the

State of New Jersey through which flow river segments that are

designated as components of the National Wild and Scenic Rivers

System, and may enter into memoranda of understanding or cooperative agreements with officials or agencies of the United States

or the State of New Jersey to ensure that Federal and State programs that could affect such segments are carried out in a manner

consistent with the Wild and Scenic Rivers Act and applicable river

management plans.

(d) SEGMENT ADDITIONS.—The Secretary of the Interior is encouraged to continue to work with the local municipalities to negotiate agreement and support for designating those segments of the

Maurice River and its tributaries which were found eligible for designation pursuant to Public Law 100–33 and were not designated

pursuant to this Act (hereinafter referred to as ‘‘additional eligible

segments’’). For a period of 3 years after the date of enactment of

this Act, the provisions of the Wild and Scenic Rivers Act applicable to segments included in section 5 of that Act shall apply to the

additional eligible segments. The Secretary of the Interior is directed to report to the appropriate congressional committees within

3 years after the date of enactment of this Act on the status of discussions and negotiations with the local municipalities and on recommendations toward inclusion of additional river segments into

the National Wild and Scenic Rivers System.
1–105 Sec. 3 OTHER NEW JERSEY SEGMENTS

(e) APPROPRIATIONS.—For the purposes of the segment described by subsection (a), there are authorized to be appropriated

such sums as may be necessary to carry out the provisions of this

Act.
1–106

Farmington Wild and Scenic River Act

(Public Law 103–313; Approved August 26, 1994; 108 Stat. 1699; 16 U.S.C. 1274

note)

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Farmington Wild and Scenic

River Act’’.

SEC. 2. FINDINGS.

The Congress finds that—

(1) Public Law 99–590 authorized the study of 2 segments

of the West Branch of the Farmington River, including an 11-

mile headwater segment in Massachusetts and the uppermost

14-mile segment in Connecticut, for potential inclusion in the

National Wild and Scenic Rivers System, and created the

Farmington River Study Committee, consisting of representatives from the 2 States, the towns bordering the 2 segments,

and other river interests, to advise the Secretary of the Interior

in conducting the study and concerning management alternatives should the river be included in the National Wild and

Scenic Rivers System;

(2) the study determined that both segments of the river

are eligible for inclusion in the National Wild and Scenic Rivers System based upon their free-flowing condition and outstanding fisheries, recreation, wildlife, and historic values;

(3) the towns that directly abut the Connecticut segment

(Hartland, Barkhamsted, New Hartford, and Canton), as well

as the Town of Colebrook, which abuts the segment’s major

tributary, have demonstrated their desire for national wild and

scenic river designation through town meeting actions endorsing designation; in addition, the 4 abutting towns have demonstrated their commitment to protect the river through the

adoption of ‘‘river protection overlay districts’’, which establish

a uniform setback for new structures, new septic systems, sand

and gravel extraction, and vegetation removal along the entire

length of the Connecticut segment;

(4) during the study, the Farmington River Study Committee and the National Park Service prepared a comprehensive management plan for the Connecticut segment (the

‘‘Upper Farmington River Management Plan’’, dated April 29,

1993) which establishes objectives, standards, and action programs that will ensure long-term protection of the river’s outstanding values and compatible management of its land and

water resources, without Federal management of affected lands

not owned by the United States;

(5) the Farmington River Study Committee voted unanimously on April 29, 1993, to adopt the Upper Farmington
1–107 Sec. 4 FARMINGTON WILD AND SCENIC RIVER ACT

River Management Plan and to recommend that Congress include the Connecticut segment in the National Wild and Scenic

Rivers System in accordance with the spirit and provisions of

the Upper Farmington River Management Plan, and to recommend that, in the absence of town votes supporting designation, no action be taken regarding wild and scenic river designation of the Massachusetts segment; and

(6) the Colebrook Dam and Goodwin Dam hydroelectric

projects are located outside the river segment designated by

section 3, and based on the study of the Farmington River pursuant to Public Law 99–590, continuation of the existing operation of these projects as presently configured, including associated transmission lines and other existing project works, is

compatible with the designation made by section 3 and will not

unreasonably diminish the scenic, recreational, and fish and

wildlife values of the segment designated by such section as of

the date of enactment of this Act.

SEC. 3. DESIGNATION.

[Added paragraph (156) to section 3(a) of the Wild and Scenic

Rivers Act (16 U.S.C. 1274(a)).]

SEC. 4. MANAGEMENT.

(a) COMMITTEE.—The Director of the National Park Service, or

his or her designee, shall represent the Secretary on the Farmington River Coordinating Committee provided for in the plan.

(b) FEDERAL.—(1) In order to provide for the long-term protection, preservation, and enhancement of the river segment designated by section 3, the Secretary, pursuant to section 10(e) of the

Wild and Scenic Rivers Act, shall offer to enter into cooperative

agreements with the State of Connecticut and its relevant political

subdivisions identified in the amendment made by such section 3

and, pursuant to section 11(b)(1) of such Act, shall make a similar

offer to the Farmington River Watershed Association. The Secretary, pursuant to such section 11(b)(1), also may enter into cooperative agreements with other parties who may be represented on

the Committee. All cooperative agreements provided for in this Act

shall be consistent with the Plan, and may include provisions for

financial or other assistance from the United States to facilitate the

long-term protection, conservation, and enhancement of the segment designated by such section 3 and the implementation of the

Plan.

(2) The Secretary may provide technical assistance, staff support, and funding to assist in the implementation of the Plan.

(3) Implementation of this Act through cooperative agreements

as described in paragraph (2) of this subsection shall not constitute

National Park Service administration of the segment designated by

section 3 for purposes of section 10(c) of the Wild and Scenic Rivers

Act, and shall not cause such segment to be considered as being a

unit of the National Park System.

(c) WATER RESOURCES PROJECTS.—(1) In determining whether

a proposed water resources project would have a direct and adverse

effect on the values for which the segment designated by section 3

was included in the National Wild and Scenic Rivers System, the
Sec. 5 FARMINGTON WILD AND SCENIC RIVER ACT 1–108

Secretary shall specifically consider the extent to which the project

is consistent with the Plan.

(2) For purposes of implementation of section 7 of the Wild and

Scenic Rivers Act, the Plan, including the detailed analysis of

instream flow needs incorporated therein and such additional analysis as may be incorporated in the future, shall serve as the primary source of information regarding the flows needed to maintain

instream resources and the potential compatibility between resource protection and possible water supply withdrawals.

(d) LAND MANAGEMENT.—The zoning ordinances duly adopted

by the towns of Hartland, Barkhamsted, New Hartford, and Canton, Connecticut, including the ‘‘river protection overlay districts’’

in effect on the date of enactment of this Act, shall be deemed to

satisfy the standards and requirements of section 6(c) of the Wild

and Scenic Rivers Act. For the purpose of section 6(c), such towns

shall be deemed ‘‘villages’’ and the provisions of that section, which

prohibit Federal acquisition of lands by condemnation, shall apply

to the segment designated by section 3.

SEC. 5. DEFINITIONS.

For the purposes of this Act:

(1) The term ‘‘Committee’’ means the Farmington River

Coordinating Committee referred to in section 4.

(2) The term ‘‘Plan’’ means the comprehensive management plan for the Connecticut segment of the Farmington

River prepared by the Farmington River Study Committee and

the National Park Service, which is known as the ‘‘Upper

Farmington River Management Plan’’ and dated April 29,

1993.

(3) The term ‘‘Secretary’’ means the Secretary of the Interior.

SEC. 6. FUNDING AUTHORIZATION.

There are authorized to be appropriated such sums as may be

necessary to carry out the purposes of this Act, including the

amendment to the Wild and Scenic Rivers Act made by section 3.
1–109

Sudbury, Assabet, and Concord Wild and Scenic River Act

(Public Law 106–20; Approved April 9, 1999; 113 Stat. 30; 16 U.S.C. 1274 note)

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Sudbury, Assabet, and Concord

Wild and Scenic River Act’’.

SEC. 2. DESIGNATION OF SUDBURY, ASSABET, AND CONCORD SCENIC

AND RECREATIONAL RIVERS, MASSACHUSETTS.

(a) FINDINGS.—The Congress finds the following:

(1) The Sudbury, Assabet, and Concord Wild and Scenic

River Study Act (title VII of Public Law 101–628; 104 Stat.

4497)—

(A) designated segments of the Sudbury, Assabet, and

Concord Rivers in the Commonwealth of Massachusetts,

totaling 29 river miles, for study and potential addition to

the National Wild and Scenic Rivers System; and

(B) directed the Secretary of the Interior to establish

the Sudbury, Assabet, and Concord Rivers Study

Committee (in this section referred to as the ‘‘Study Committee’’) to advise the Secretary in conducting the study

and in the consideration of management alternatives

should the rivers be included in the National Wild and

Scenic Rivers System.

(2) The study determined the following river segments are

eligible for inclusion in the National Wild and Scenic Rivers

System based on their free-flowing condition and outstanding

scenic, recreation, wildlife, cultural, and historic values:

(A) The 16.6-mile segment of the Sudbury River

beginning at the Danforth Street Bridge in the town of

Framingham, to its confluence with the Assabet River.

(B) The 4.4-mile segment of the Assabet River from

1,000 feet downstream from the Damon Mill Dam in the

town of Concord to the confluence with the Sudbury River

at Egg Rock in Concord.

(C) The 8-mile segment of the Concord River from Egg

Rock at the confluence of the Sudbury and Assabet Rivers

to the Route 3 bridge in the town of Billerica.

(3) The towns that directly abut the segments, including

Framingham, Sudbury, Wayland, Lincoln, Concord, Bedford,

Carlisle, and Billerica, Massachusetts, have each demonstrated

their desire for National Wild and Scenic River designation

through town meeting votes endorsing designation.

(4) During the study, the Study Committee and the National Park Service prepared a comprehensive management

plan for the segment, entitled ‘‘Sudbury, Assabet and Concord

Wild and Scenic River Study, River Conservation Plan’’ and
Sec. 2 SUDBURY, ASSABET, AND CONCORD SEGMENTS 1–110

dated March 16, 1995 (in this section referred to as the ‘‘plan’’),

which establishes objectives, standards, and action programs

that will ensure long-term protection of the rivers’ outstanding

values and compatible management of their land and water resources.

(5) The Study Committee voted unanimously on February

23, 1995, to recommend that the Congress include these segments in the National Wild and Scenic Rivers System for management in accordance with the plan.

(b) DESIGNATION.—[Added a new paragraph at the end of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)).]

(c) FEDERAL ROLE IN MANAGEMENT.—(1) The Director of the

National Park Service or the Director’s designee shall represent the

Secretary of the Interior in the implementation of the plan, this

section, and the Wild and Scenic Rivers Act with respect to each

of the segments designated by the amendment made by subsection

(b), including the review of proposed federally assisted water resources projects that could have a direct and adverse effect on the

values for which the segment is established, as authorized under

section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)).

(2) Pursuant to sections 10(e) and section 11(b)(1) of the Wild

and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), the Director

shall offer to enter into cooperative agreements with the Commonwealth of Massachusetts, its relevant political subdivisions, the

Sudbury Valley Trustees, and the Organization for the Assabet

River. Such cooperative agreements shall be consistent with the

plan and may include provisions for financial or other assistance

from the United States to facilitate the long-term protection, conservation, and enhancement of each of the segments designated by

the amendment made by subsection (b).

(3) The Director may provide technical assistance, staff support, and funding to assist in the implementation of the plan, except that the total cost to the Federal Government of activities to

implement the plan may not exceed $100,000 each fiscal year.

(4) Notwithstanding section 10(c) of the Wild and Scenic Rivers

Act (16 U.S.C. 1281(c)), any portion of a segment designated by the

amendment made by subsection (b) that is not already within the

National Park System shall not under this section—

(A) become a part of the National Park System;

(B) be managed by the National Park Service; or

(C) be subject to regulations which govern the National

Park System.

(d) WATER RESOURCES PROJECTS.—(1) In determining whether

a proposed water resources project would have a direct and adverse

effect on the values for which the segments designated by the

amendment made by subsection (b) were included in the National

Wild and Scenic Rivers System, the Secretary of the Interior shall

specifically consider the extent to which the project is consistent

with the plan.

(2) The plan, including the detailed Water Resources Study incorporated by reference in the plan and such additional analysis as

may be incorporated in the future, shall serve as the primary

source of information regarding the flows needed to maintain
1–111 Sec. 2 SUDBURY, ASSABET, AND CONCORD SEGMENTS

instream resources and potential compatibility between resource

protection and possible additional water withdrawals.

(e) LAND MANAGEMENT.—(1) The zoning bylaws of the towns of

Framingham, Sudbury, Wayland, Lincoln, Concord, Carlisle, Bedford, and Billerica, Massachusetts, as in effect on the date of enactment of this Act, are deemed to satisfy the standards and requirements under section 6(c) of the Wild and Scenic rivers Act (16

U.S.C. 1277(c)). For the purpose of that section, the towns are

deemed to be ‘‘villages’’ and the provisions of that section which

prohibit Federal acquisition of lands through condemnation shall

apply.

(2) The United States Government shall not acquire by any

means title to land, easements, or other interests in land along the

segments designated by the amendment made by subsection (b) or

their tributaries for the purposes of designation of the segments

under the amendment. Nothing in this section shall prohibit Federal acquisition of interests in land along those segments or tributaries under other laws for other purposes.

(f ) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary of the Interior to carry out this

section not to exceed $100,000 for each fiscal year.

(g) EXISTING UNDESIGNATED PARAGRAPHS; REMOVAL OF DUPLICATION.—[Omitted-Amendments]
1–112

Wekiva Wild and Scenic River Act of 2000

(Public Law 106–299; Approved October 13, 2000; 114 Stat. 1050; 16 U.S.C. 1274

note)

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Wekiva Wild and Scenic River

Act of 2000’’.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) Public Law 104–311 (110 Stat. 3818) amended section

5 of the Wild and Scenic Rivers Act (16 U.S.C. 1276) to require

the study of the Wekiva River and its tributaries of Rock

Springs Run and Seminole Creek for potential inclusion in the

national wild and scenic rivers system.

(2) The study determined that the Wekiva River, Wekiwa

Springs Run, Rock Springs Run, and Black Water Creek are eligible for inclusion in the national wild and scenic rivers system.

(3) The State of Florida has demonstrated its commitment

to protecting these rivers and streams by the enactment of the

Wekiva River Protection Act (Florida Statute chapter 369), by

the establishment of a riparian wildlife protection zone and

water quality protection zone by the St. Johns River Water

Management District, and by the acquisition of lands adjacent

to these rivers and streams for conservation purposes.

(4) The Florida counties of Lake, Seminole, and Orange

have demonstrated their commitment to protect these rivers

and streams in their comprehensive land use plans and land

development regulations.

(5) The desire for designation of these rivers and streams

as components of the national wild and scenic rivers system

has been demonstrated through strong public support, State

and local agency support, and the endorsement of designation

by the Wekiva River Basin Ecosystem Working Group, which

represents a broad cross section of State and local agencies,

landowners, environmentalists, nonprofit organizations, and

recreational users.

(6) The entire lengths of the Wekiva River, Rock Springs

Run, and Black Water Creek are held in public ownership or

conservation easements or are defined as waters of the State

of Florida.

SEC. 3. DESIGNATION OF WEKIVA RIVER AND TRIBUTARIES, FLORIDA,

AS COMPONENTS OF NATIONAL WILD AND SCENIC RIVERS SYSTEM.

øAdded a new paragraph at the end of section 3(a) of the Wild

and Scenic Rivers Act (16 U.S.C. 1274(a)).¿
1–113 Sec. 4 WEKIVA WILD AND SCENIC RIVER ACT OF 2000

SEC. 4. SPECIAL REQUIREMENTS APPLICABLE TO WEKIVA RIVER AND

TRIBUTARIES.

(a) DEFINITIONS.—In this section and section 5:

(1) WEKIVA RIVER SYSTEM.—The term ‘‘Wekiva River system’’ means the segments of the Wekiva River, Wekiwa

Springs Run, Rock Springs Run, and Black Water Creek in the

State of Florida designated as components of the national wild

and scenic rivers system by paragraph (161) of section 3(a) of

the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), as added

by this Act.

(2) COMMITTEE.—The term ‘‘Committee’’ means the Wekiva

River System Advisory Management Committee established

pursuant to section 5.

(3) COMPREHENSIVE MANAGEMENT PLAN.—The terms ‘‘comprehensive management plan’’ and ‘‘plan’’ mean the comprehensive management plan to be developed pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.

(b) COOPERATIVE AGREEMENTS.—

(1) USE AUTHORIZED.—In order to provide for the long-term

protection, preservation, and enhancement of the Wekiva River

system, the Secretary shall offer to enter into cooperative

agreements pursuant to sections 10(e) and 11(b)(1) of the Wild

and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the

State of Florida, appropriate local political jurisdictions of the

State, namely the counties of Lake, Orange, and Seminole, and

appropriate local planning and environmental organizations.

(2) EFFECT OF AGREEMENT.—Administration by the Secretary of the Wekiva River system through the use of cooperative agreements shall not constitute National Park Service administration of the Wekiva River system for purposes of section

10(c) of such Act (10 U.S.C. 1281(c)) and shall not cause the

Wekiva River system to be considered as being a unit of the

National Park System. Publicly owned lands within the boundaries of the Wekiva River system shall continue to be managed

by the agency having jurisdiction over the lands, in accordance

with the statutory authority and mission of the agency.

(c) COMPLIANCE REVIEW.—After completion of the comprehensive management plan, the Secretary shall biennially review compliance with the plan and shall promptly report to the Committee

on Resources of the House of Representatives and the Committee

on Energy and Natural Resources of the Senate any deviation from

the plan that could result in any diminution of the values for which

the Wekiva River system was designated as a component of the national wild and scenic rivers system.

(d) TECHNICAL ASSISTANCE AND OTHER SUPPORT.—The Secretary may provide technical assistance, staff support, and funding

to assist in the development and implementation of the comprehensive management plan.

(e) LIMITATION ON FEDERAL SUPPORT.—Nothing in this section

shall be construed to authorize funding for land acquisition, facility

development, or operations.
Sec. 5 WEKIVA WILD AND SCENIC RIVER ACT OF 2000 1–114

SEC. 5. WEKIVA RIVER SYSTEM ADVISORY MANAGEMENT COMMITTEE.

(a) ESTABLISHMENT.—The Secretary shall establish an advisory

committee, to be known as the Wekiva River System Advisory

Management Committee, to assist in the development of the comprehensive management plan for the Wekiva River system.

(b) MEMBERSHIP.—The Committee shall be composed of a representative of each of the following agencies and organizations:

(1) The Department of the Interior, represented by the Director of the National Park Service or the Director’s designee.

(2) The East Central Florida Regional Planning Council.

(3) The Florida Department of Environmental Protection,

Division of Recreation and Parks.

(4) The Florida Department of Environmental Protection,

Wekiva River Aquatic Preserve.

(5) The Florida Department of Agriculture and Consumer

Services, Division of Forestry, Seminole State Forest.

(6) The Florida Audubon Society.

(7) The nonprofit organization known as the Friends of the

Wekiva.

(8) The Lake County Water Authority.

(9) The Lake County Planning Department.

(10) The Orange County Parks and Recreation Department, Kelly Park.

(11) The Seminole County Planning Department.

(12) The St. Johns River Water Management District.

(13) The Florida Fish and Wildlife Conservation Commission.

(14) The City of Altamonte Springs.

(15) The City of Longwood.

(16) The City of Apopka.

(17) The Florida Farm Bureau Federation.

(18) The Florida Forestry Association.

(c) ADDITIONAL MEMBERS.—Other interested parties may be

added to the Committee by request to the Secretary and unanimous consent of the existing members.

(d) APPOINTMENT.—Representatives and alternates to the Committee shall be appointed as follows:

(1) State agency representatives, by the head of the agency.

(2) County representatives, by the Boards of County Commissioners.

(3) Water management district, by the Governing Board.

(4) Department of the Interior representative, by the

Southeast Regional Director, National Park Service.

(5) East Central Florida Regional Planning Council, by

Governing Board.

(6) Other organizations, by the Southeast Regional Director, National Park Service.

(e) ROLE OF COMMITTEE.—The Committee shall assist in the

development of the comprehensive management plan for the

Wekiva River system and provide advice to the Secretary in carrying out the management responsibilities of the Secretary under

this Act. The Committee shall have an advisory role only, it will

not have regulatory or land acquisition authority.
1–115 Sec. 6 WEKIVA WILD AND SCENIC RIVER ACT OF 2000

(f ) VOTING AND COMMITTEE PROCEDURES.—Each member agency, agency division, or organization referred to in subsection (b)

shall have one vote and provide one member and one alternate.

Committee decisions and actions will be made with consent of

three-fourths of all voting members. Additional necessary Committee procedures shall be developed as part of the comprehensive

management plan.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be

necessary to carry out this Act and paragraph (161) of section 3(a)

of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), as added by

this Act.
1–116

White Clay Creek Wild and Scenic Rivers System Act

(Public Law 106–357; Approved October 24, 2000; 114 Stat. 1393; 16 U.S.C. 1274

note)

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘White Clay Creek Wild and Scenic Rivers System Act’’.

SEC. 2. FINDINGS.

Congress finds that— (1) Public Law 102–215 (105 Stat. 1664) directed the Secretary of the Interior, in cooperation and consultation with appropriate State and local governments and affected landowners, to conduct a study of the eligibility and suitability of

White Clay Creek, Delaware and Pennsylvania, and the tributaries of the creek for inclusion in the National Wild and Scenic Rivers System;

(2) as a part of the study described in paragraph (1), the

White Clay Creek Wild and Scenic Study Task Force and the

National Park Service prepared a watershed management plan

for the study area entitled ‘‘White Clay Creek and Its Tributaries Watershed Management Plan’’, dated May 1998, that establishes goals and actions to ensure the long-term protection

of the outstanding values of, and compatible management of

land and water resources associated with, the watershed; and

(3) after completion of the study described in paragraph

(1), Chester County, Pennsylvania, New Castle County, Delaware, Newark, Delaware, and 12 Pennsylvania municipalities

located within the watershed boundaries passed resolutions

that— (A) expressed support for the White Clay Creek Watershed Management Plan;

(B) expressed agreement to take action to implement

the goals of the Plan; and

(C) endorsed the designation of the White Clay Creek

and the tributaries of the creek for inclusion in the National Wild and Scenic Rivers System.

SEC. 3. DESIGNATION OF WHITE CLAY CREEK.

øAdded a new paragraph at the end of section 3(a) of the Wild

and Scenic Rivers Act (16 U.S.C. 1274(a)).¿

SEC. 4. BOUNDARIES.

With respect to each of the segments of White Clay Creek and

its tributaries designated by the amendment made by section 3, in

lieu of the boundaries provided for in section 3(b) of the Wild and

Scenic Rivers Act (16 U.S.C. 1274(b)), the boundaries of the segment shall be 250 feet as measured from the ordinary high water

mark on both sides of the segment.
1–117 Sec. 6 WHITE CLAY CREEK WILD AND SCENIC RIVERS SYSTEM ACT

SEC. 5. ADMINISTRATION.

(a) BY SECRETARY OF THE INTERIOR.—The segments designated

by the amendment made by section 3 shall be administered by the

Secretary of the Interior (referred to in this Act as the ‘‘Secretary’’),

in cooperation with the White Clay Creek Watershed Management

Committee as provided for in the plan prepared by the White Clay

Creek Wild and Scenic Study Task Force and the National Park

Service, entitled ‘‘White Clay Creek and Its Tributaries Watershed

Management Plan’’ and dated May 1998 (referred to in this Act as

the ‘‘Management Plan’’).

(b) REQUIREMENT FOR COMPREHENSIVE MANAGEMENT PLAN.—

The Management Plan shall be considered to satisfy the requirements for a comprehensive management plan under section 3(d) of

the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).

(c) COOPERATIVE AGREEMENTS.—In order to provide for the

long-term protection, preservation, and enhancement of the segments designated by the amendment made by section 3, the Secretary shall offer to enter into a cooperative agreement pursuant

to sections 10(c) and 11(b)(1) of the Wild and Scenic Rivers Act (16

U.S.C. 1281(e), 1282(b)(1)) with the White Clay Creek Watershed

Management Committee as provided for in the Management Plan.

SEC. 6. FEDERAL ROLE IN MANAGEMENT.

(a) IN GENERAL.—The Director of the National Park Service (or

a designee) shall represent the Secretary in the implementation of

the Management Plan, this Act, and the Wild and Scenic Rivers

Act with respect to each of the segments designated by the amendment made by section 3, including the review, required under section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)), of

proposed federally-assisted water resources projects that could

have a direct and adverse effect on the values for which the segment is designated.

(b) ASSISTANCE.—To assist in the implementation of the Management Plan, this Act, and the Wild and Scenic Rivers Act with

respect to each of the segments designated by the amendment

made by section 3, the Secretary may provide technical assistance,

staff support, and funding at a cost to the Federal Government in

an amount, in the aggregate, of not to exceed $150,000 for each fiscal year.

(c) COOPERATIVE AGREEMENTS.—Any cooperative agreement

entered into under section 10(e) of the Wild and Scenic Rivers Act

(16 U.S.C. 1281(e)) relating to any of the segments designated by

the amendment made by section 3—

(1) shall be consistent with the Management Plan; and

(2) may include provisions for financial or other assistance

from the United States to facilitate the long-term protection,

conservation, and enhancement of the segments.

(d) NATIONAL PARK SYSTEM.—Notwithstanding section 10(c) of

the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), any portion of

a segment designated by the amendment made by section 3 that

is not in the National Park System as of the date of the enactment

of this Act shall not, under this Act—

(1) be considered a part of the National Park System;

(2) be managed by the National Park Service; or
Sec. 7 WHITE CLAY CREEK WILD AND SCENIC RIVERS SYSTEM ACT 1–118

(3) be subject to laws (including regulations) that govern

the National Park System.

SEC. 7. STATE REQUIREMENTS.

State and local zoning laws and ordinances, as in effect on the

date of the enactment of this Act, shall be considered to satisfy the

standards and requirements under section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) with respect to the segment designated by the amendment made by section 3.

SEC. 8. NO LAND ACQUISITION.

The Federal Government shall not acquire, by any means, any

right or title in or to land, any easement, or any other interest

along the segments designated by the amendment made by section

3 for the purpose of carrying out the amendment or this Act.
1–119

Lower Delaware Wild and Scenic Rivers Act

(Public Law 106–418; Approved November 1, 2000; 114 Stat. 1817)

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Lower Delaware Wild and Scenic

Rivers Act’’.

SEC. 2. FINDINGS.

Congress finds that—

(1) Public Law 102–460 directed the Secretary of the Interior, in cooperation and consultation with appropriate Federal,

State, regional, and local agencies, to conduct a study of the

eligibility and suitability of the lower Delaware River for inclusion in the Wild and Scenic Rivers System;

(2) during the study, the Lower Delaware Wild and Scenic

River Study Task Force and the National Park Service prepared a river management plan for the study area entitled

‘‘Lower Delaware River Management Plan’’ and dated August

1997, which establishes goals and actions that will ensure

long-term protection of the river’s outstanding values and compatible management of land and water resources associated

with the river; and

(3) after completion of the study, 24 municipalities along

segments of the Delaware River eligible for designation passed

resolutions supporting the Lower Delaware River Management

Plan, agreeing to take action to implement the goals of the

plan, and endorsing designation of the river.

SEC. 3 DESIGNATION.

øAdded a new paragraph at the end of section 3(a) of the Wild

and Scenic Rivers Act (16 U.S.C. 1274(a)).¿

SEC. 4. MANAGEMENT OF RIVER SEGMENTS.

(a) MANAGEMENT OF SEGMENTS.—The river segments designated in section 3 shall be managed—

(1) in accordance with the river management plan entitled

‘‘Lower Delaware River Management Plan’’ and dated August

1997 (referred to as the ‘‘management plan’’), prepared by the

Lower Delaware Wild and Scenic River Study Task Force and

the National Park Service, which establishes goals and actions

that will ensure long-term protection of the river’s outstanding

values and compatible management of land and water resources associated with the river; and

(2) in cooperation with appropriate Federal, State, regional, and local agencies, including—

(A) the New Jersey Department of Environmental Protection;
Sec. 4 LOWER DELAWARE WILD AND SCENIC RIVERS ACT 1–120

(B) the Pennsylvania Department of Conservation and

Natural Resources;

(C) the Delaware and Lehigh Navigation Canal Heritage Corridor Commission;

(D) the Delaware and Raritan Canal Commission; and

(E) the Delaware River Greenway Partnership.

(b) SATISFACTION OF REQUIREMENTS FOR PLAN.—The management plan shall be considered to satisfy the requirements for a

comprehensive management plan under subsection 3(d) of the Wild

and Scenic Rivers Act (16 U.S.C. 1274(d)).

(c) FEDERAL ROLE.— (1) RESTRICTIONS ON WATER RESOURCE PROJECTS.—In determining under section 7(a) of the Wild and Scenic Rivers Act

(16 U.S.C. 1278(a)) whether a proposed water resources project

would have a direct and adverse effect on the value for which

a segment is designated as part of the Wild and Scenic Rivers

System, the Secretary of the Interior (hereinafter referred to as

the ‘‘Secretary’’) shall consider the extent to which the project

is consistent with the management plan.

(2) COOPERATIVE AGREEMENTS.—Any cooperative agreements entered into under section 10(e) of the Wild and Scenic

Rivers Act (16 U.S.C. 1281(e)) relating to any of the segments

designated by this Act shall— (A) be consistent with the management plan; and

(B) may include provisions for financial or other assistance from the United States to facilitate the long-term

protection, conservation, and enhancement of the segments.

(3) SUPPORT FOR IMPLEMENTATION.—The Secretary may

provide technical assistance, staff support, and funding to assist in the implementation of the management plan.

(d) LAND MANAGEMENT.—

(1) IN GENERAL.—The Secretary may provide planning, financial, and technical assistance to local municipalities to assist in the implementation of actions to protect the natural,

economic, and historic resources of the river segments designated by this Act.

(2) PLAN REQUIREMENTS.—After adoption of recommendations made in section III of the management plan, the zoning

ordinances of the municipalities bordering the segments shall

be considered to satisfy the standards and requirements under

section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.

1277(c)).

(e) ADDITIONAL SEGMENTS.—

(1) IN GENERAL.—In this paragraph, the term ‘‘additional

segment’’ means—

(A) the segment from the Delaware Water Gap to the

Toll Bridge connecting Columbia, New Jersey, and Portland, Pennsylvania (approximately 9.2 miles), which, if

made part of the Wild and Scenic Rivers System in accordance with this paragraph, shall be administered by the

Secretary as a recreational river;

(B) the segment from the Erie Lackawanna railroad

bridge to the southern tip of Dildine Island (approximately
1–121 Sec. 5 LOWER DELAWARE WILD AND SCENIC RIVERS ACT

3.6 miles), which, if made part of the Wild and Scenic Rivers System in accordance with this paragraph, shall be administered by the Secretary as a recreational river;

(C) the segment from the southern tip of Mack Island

to the northern border of the town of Belvidere, New Jersey (approximately 2 miles), which, if made part of the

Wild and Scenic Rivers System in accordance with this

paragraph, shall be administered by the Secretary as a

recreational river;

(D) the segment from the southern border of the town

of Phillipsburg, New Jersey, to a point just north of Gilbert

Generating Station (approximately 9.5 miles), which, if

made part of the Wild and Scenic Rivers System in accordance with this paragraph, shall be administered by the

Secretary as a recreational river;

(E) Paulinskill River in Knowlton Township (approximately 2.4 miles), which, if made part of the Wild and Scenic Rivers System in accordance with this paragraph, shall

be administered by the Secretary as a recreational river;

and

(F) Cook’s Creek (approximately 3.5 miles), which, if

made part of the Wild and Scenic Rivers System in accordance with this paragraph, shall be administered by the

Secretary as a scenic river.

(2) FINDING.—Congress finds that each of the additional

segments is suitable for designation as a recreational river or

scenic river under this paragraph, if there is adequate local

support for the designation.

(3) DESIGNATION.—If the Secretary finds that there is adequate local support for designating any of the additional segments as a recreational river or scenic river—

(A) the Secretary shall publish in the Federal Register

a notice of the designation of the segment; and

(B) the segment shall thereby be designated as a recreational river or scenic river, as the case may be, in accordance with the Wild and Scenic Rivers Act (16 U.S.C.

1271 et seq.).

(4) CRITERIA FOR LOCAL SUPPORT.—In determining whether

there is adequate local support for the designation of an additional segment, the Secretary shall consider, among other

things, the preferences of local governments expressed in resolutions concerning designation of the segment.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as are necessary to carry out this Act.
2–1

2. NATIONAL TRAILS SYSTEM ACT (AND RELATED LAWS)

[As Amended Through Public Law 106–580, Dec. 31, 2000]

2–3

A. NATIONAL TRAILS SYSTEM ACT

(Public Law 90–543; Approved October 2, 1968)

AN ACT To establish a national trails system, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

SHORT TITLE

SECTION 1. ø16 U.S.C. 1241 note¿ This Act may be cited as the

‘‘National Trails System Act’’.

STATEMENT OF POLICY

SEC. 2. ø16 U.S.C. 1241¿ (a) In order to provide for the everincreasing outdoor recreation needs of an expanding population and

in order to promote the preservation of, public access to, travel

within, and enjoyment and appreciation of the open-air, outdoor

areas and historic resources of the Nation, trails should be established (i) primarily, near the urban areas of the Nation, and (ii)

secondarily, within scenic areas and along historic travel routes of

the Nation, which are often more remotely located.

(b) The purpose of this Act is to provide the means for attaining these objectives by instituting a national system of recreation,

scenic and historic trails, by designating the Appalachian Trail and

the Pacific Crest Trail as the initial components of that system,

and by prescribing the methods by which, and standards according

to which, additional components may be added to the system.

(c) The Congress recognizes the valuable contributions that volunteers and private, nonprofit trail groups have made to the development and maintenance of the Nation’s trails. In recognition of

these contributions, it is further the purpose of this Act to encourage and assist volunteer citizen involvement in the planning, development, maintenance, and management, where appropriate, of

trails.

NATIONAL TRAILS SYSTEM

SEC. 3. ø16 U.S.C. 1242¿ (a) The national system of trails shall

be composed of the following:

(1) National recreation trails, established as provided in

section 4 of this Act, which will provide a variety of outdoor

recreation uses in or reasonably accessible to urban areas.

(2) National scenic trails, established as provided in section 5 of this Act, which will be extended trails so located as

to provide for maximum outdoor recreation potential and for

the conservation and enjoyment of the nationally significant

scenic, historic, natural, or cultural qualities of the areas
Sec. 4 NATIONAL TRAILS SYSTEM ACT 2–4

through which such trails may pass. National scenic trails may

be located so as to represent desert, marsh, grassland, mountain, canyon, river, forest, and other areas, as well as

landforms which exhibit significant characteristics of the

physiographic regions of the Nation.

(3) National historic trails, established as provided in section 5 of this Act, which will be extended trails which follow

as closely as possible and practicable the original trails or

routes of travel of national historic significance. Designation of

such trails or routes shall be continuous, but the established

or developed trail, and the acquisition thereof, need not be continuous onsite. National historic trails shall have as their purpose the identification and protection of the historic route and

its historic remnants and artifacts for public use and enjoyment. Only those selected land and water based components of

an historic trail which are on federally owned lands and which

meet the national historic trail criteria established in this Act

are included as Federal protection components of a national

historic trail. The appropriate Secretary may certify other

lands as protected segments of an historic trail upon application from State or local governmental agencies or private interests involved if such segments meet the national historic trail

criteria established in this Act and such criteria supplementary

thereto as the appropriate Secretary may prescribe, and are

administered by such agencies or interests without expense to

the United States.

(4) Connecting or side trails, established as provided in

section 6 of this Act, which will provide additional points of

public access to national recreation, national scenic or national

historic trails or which will provide connections between such

trails.

The Secretary of the Interior and the Secretary of Agriculture, in

consultation with appropriate governmental agencies and public

and private organizations, shall establish a uniform marker for the

national trails system.

(b) For purposes of this section, the term ‘‘extended trails’’ means trails or trail segments which total at least one hundred

miles in length, except that historic trails of less than one hundred

miles may be designated as extended trails. While it is desirable

that extended trails be continuous, studies of such trails may conclude that it is feasible to propose one or more trail segments

which, in the aggregate, constitute at least one hundred miles in

length.

NATIONAL RECREATION TRAILS

SEC. 4. ø16 U.S.C. 1243¿ (a) The Secretary of the Interior, or

the Secretary of Agriculture where lands administered by him are

involved, may establish and designate national recreation trails,

with the consent of the Federal agency, State, or political subdivision having jurisdiction over the lands involved, upon finding

that—

(i) such trails are reasonably accessible to urban areas,

and, or

(ii) such trails meet the criteria established in this Act and

such supplementary criteria as he may prescribe.
2–5 Sec. 5 NATIONAL TRAILS SYSTEM ACT

1For related provisions regarding the Oregon National Historic Trail, paragraph (3), see the

item in this compilation entitled ‘‘Trails Interpretive Center-Council Bluff’’.

(b) As provided in this section, trails within park, forest, and

other recreation areas administered by the Secretary of the Interior

or the Secretary of Agriculture or in other federally administered

areas may be established and designated as ‘‘National Recreation

Trails’’ by the appropriate Secretary and, when no Federal land acquisition is involved—

(i) trails in or reasonably accessible to urban areas may be

designated as ‘‘National Recreation Trails’’ by the appropriate

Secretary with the consent of the States, their political subdivisions, or other appropriate administering agencies;

(ii) trails within park, forest, and other recreation areas

owned or administered by States may be designated as ‘‘National Recreation Trails’’ by the appropriate Secretary with the

consent of the State; and

(iii) trails on privately owned lands may be designated

‘‘National Recreation Trails’’ by the appropriate Secretary with

the written consent of the owner of the property involved.

NATIONAL SCENIC AND NATIONAL HISTORICAL TRAILS

SEC. 5. ø16 U.S.C. 1244¿ (a) National scenic and national historic trails shall be authorized and designated only by Act of Congress. There are hereby established the following National Scenic

and National Historic Trails:

(1) The Appalachian National Scenic Trail, a trail of approximately two thousand miles extending generally along the Appalachian Mountains from Mount Katahdin, Maine, to Springer

Mountain, Georgia. Insofar as practicable, the right-of-way for such

trail shall comprise the trail depicted on the maps identified as

‘‘Nationwide System of Trails, Proposed Appalachian Trail, NST–

AT–101–May 1967’’, which shall be on file and available for public

inspection in the office of the Director of the National Park Service.

Where practicable, such rights-of-way shall include lands protected

for it under agreements in effect as of the date of enactment of this

Act, to which Federal agencies and State were parties. The Appalachian Trail shall be administered primarily as a footpath by the

Secretary of the Interior, in consultation with the Secretary of Agriculture.

(2) The Pacific Crest National Scenic Trail, a trail of approximately two thousand three hundred fifty miles, extending from the

Mexican-California border northward generally along the mountain

ranges of the west coast States to the Canadian-Washington border

near Lake Ross, following the route as generally depicted on the

map, identified as ‘‘Nationwide System of Trails, Proposed Pacific

Crest Trail, NST–PC–103–May 1967’’ which shall be on file and

available for public inspection in the office of the Chief of the Forest Service. The Pacific Crest Trail shall be administered by the

Secretary of Agriculture, in consultation with the Secretary of the

Interior.

(3) 1 The Oregon National Historic Trail, a route of approximately two thousand miles extending from near Independence,

Missouri, to the vicinity of Portland, Oregon, following a route as

depicted on maps identified as ‘‘Primary Route of the Oregon Trail
Sec. 5 NATIONAL TRAILS SYSTEM ACT 2–6

2For related provisions regarding the Mormon Pioneer National Historic Trail, paragraph (4),

see the item in this compilation entitled ‘‘Trails Interpretive Center-Council Bluff’’. 3For related provisions regarding the Lewis and Clark National Historic Trail, paragraph (6),

see the items in this compilation entitled ‘‘Lewis and Clark National Historic Trail’’ and ‘‘Trails

Interpretive Center-Council Bluff’’. 1Paragraph (8) was added by section 101(b) of Public Law 96–199 (94 Stat. 67). However,

Public Law 96–199 did not directly amend the National Trails System Act, but instead amended

1841–1848’’, in the Department of the Interior’s Oregon Trail study

report dated April 1977, and which shall be on file and available

for public inspection in the office of the Director of the National

Park Service. The trail shall be administered by the Secretary of

the Interior.

(4) 2 The Mormon Pioneer National Historic Trail, a route of

approximately one thousand three hundred miles extending from

Nauvoo, Illinois, to Salt Lake City, Utah, following the primary historical route of the Mormon Trail as generally depicted on a map,

identified as, ‘‘Mormon Trail Vicinity Map, figure 2’’ in the Department of the Interior Mormon Trail study report dated March 1977,

and which shall be on file and available for public inspection in the

office of the Director, National Park Service, Washington, D.C. The

trail shall be administered by the Secretary of the Interior.

(5) The Continental Divide National Scenic Trail, a trail of approximately thirty-one hundred miles, extending from the Montana-Canada border to the New Mexico-Mexico border, following

the approximate route depicted on the map, identified as ‘‘Proposed

Continental Divide National Scenic Trail’’ in the Department of the

Interior Continental Divide Trail study report dated March 1977

and which shall be on file and available for public inspection in the

office of the Chief, Forest Service, Washington, D.C. The Continental Divide National Scenic Trail shall be administered by the

Secretary of Agriculture in consultation with the Secretary of the

Interior. Notwithstanding the provisions of section 7(c), the use of

motorized vehicles on roads which will be designated segments of

the Continental Divide National Scenic Trail shall be permitted in

accordance with regulations prescribed by the appropriate Secretary.

(6) 3 The Lewis and Clark National Historic Trail, a trail of approximately three thousand seven hundred miles, extending from

Wood River, Illinois, to the mouth of the Columbia River in Oregon,

following the outbound and inbound routes of the Lewis and Clark

expedition depicted on maps identified as, ‘‘Vicinity Map, Lewis

and Clark Trail’’ study report dated April 1977. The map shall be

on file and available for public inspection in the office of the Director, National Park Service, Washington, D.C. The trail shall be administered by the Secretary of the Interior.

(7) The Iditarod National Historic Trail, a route of approximately two thousand miles extending from Seward, Alaska to

Nome, Alaska, following the routes as depicted on maps identified

as ‘‘Seward-Nome Trail’’, in the Department of the Interior’s study

report entitled ‘‘The Iditarod Trail (Seward-Nome Route) and other

Alaskan Gold Rush Trails’’ dated September 1977. The map shall

be on file and available for public inspection in the office of the Director, National Park Service, Washington, D.C. The trail shall be

administered by the Secretary of the Interior.

(8) 1 The North Country National Scenic Trail, a trail of approximately thirty-two hundred miles, extending from eastern New
2–7 Sec. 5 NATIONAL TRAILS SYSTEM ACT

section 551(9) of the National Parks and Recreation Act of 1978 (Public Law 95–625; 92 Stat.

3512), which had earlier amended the National Trails System Act by adding new paragraphs

(3) through (7). Although this amendment technique is unorthodox, the amendment was executed without comment by the Law Revision Counsel of the House of Representatives and various commercial publications.

York State to the vicinity of Lake Sakakawea in North Dakota, following the approximate route depicted on the map identified as

‘‘Proposed North Country Trail-Vicinity Map’’ in the Department of

the Interior ‘‘North Country Trail Report’’, dated June 1975. The

map shall be on file and available for public inspection in the office

of the Director, National Park Service, Washington, District of Columbia. The trail shall be administered by the Secretary of the Interior.

(9) The Overmountain Victory National Historic Trail, a system totaling approximately two hundred seventy-two miles of trail

with routes from the mustering point near Abingdon, Virginia, to

Sycamore Shoals (near Elizabethton, Tennessee); from Sycamore

Shoals to Quaker Meadows (near Morganton, North Carolina); from

the mustering point in Surry County, North Carolina, to Quaker

Meadows; and from Quaker Meadows to Kings Mountain, South

Carolina, as depicted on the map identified as Map 3—Historic

Features—1780 in the draft study report entitled ‘‘Overmountain

Victory Trail’’ dated December 1979. The map shall be on file and

available for public inspection in the Office of the Director, National Park Service, Washington, District of Columbia. The trail

shall be administered by the Secretary of the Interior.

(10) The Ice Age National Scenic Trail, a trail of approximately

one thousand miles, extending from Door County, Wisconsin, to

Interstate Park in Saint Croix County, Wisconsin, generally following the route described in ‘‘On the Trail of the Ice Age—A

Hiker’s and Biker’s Guide to Wisconsin’s Ice Age National Scientific

Reserve and Trail’’, by Henry S. Reuss, Member of Congress, dated

1980. The guide and maps shall be on file and available for public

inspection in the Office of the Director, National Park Service,

Washington, District of Columbia. Overall administration of the

trail shall be the responsibility of the Secretary of the Interior pursuant to section 5(d) of this Act. The State of Wisconsin, in consultation with the Secretary of the Interior, may, subject to the approval of the Secretary, prepare a plan for the management of the

trail which shall be deemed to meet the requirements of section

5(e) of this Act. Notwithstanding the provisions of section 7(c),

snowmobile use may be permitted on segments of the Ice Age National Scenic Trail where deemed appropriate by the Secretary and

the managing authority responsible for the segment.

(11) The Potomac Heritage National Scenic Trail, a corridor of

approximately seven hundred and four miles following the route as

generally depicted on the map identified as ‘‘National Trails System, Proposed Potomac Heritage Trail’’ in ‘‘The Potomac Heritage

Trail’’, a report prepared by the Department of the Interior and

dated December 1974, except that no designation of the trail shall

be made in the State of West Virginia. The map shall be on file

and available for public inspection in the office of the Director of

the National Park Service, Washington, District of Columbia. The

trail shall initally consist of only those segments of the corridor located within the exterior boundaries of federally administered
Sec. 5 NATIONAL TRAILS SYSTEM ACT 2–8

areas. No lands or interests therein outside the exterior boundaries

of any federally administered area may be acquired by the Federal

Government for the Potomac Heritage Trail. The Secretary of the

Interior may designate lands outside of federally administered

areas as segments of the trail, only upon application from the

States or local governmental agencies involved, if such segments

meet the criteria established in this Act and are administered by

such agencies without expenses to the United States. The trail

shall be administered by the Secretary of the Interior.

(12) The Natchez Trace National Scenic Trail, a trail system of

approximately six hundred and ninety-four miles extending from

Nashville, Tennessee, to Natchez, Mississippi, as depicted on the

map entitled ‘‘Concept Plan, Natchez Trace Trails Study’’ in ‘‘The

Natchez Trace’’, a report prepared by the Department of the Interior and dated August 1979. The map shall be on file and available

for public inspection in the office of the Director of the National

Park Service, Department of the Interior, Washington, District of

Columbia. The trail shall be administered by the Secretary of the

Interior.

(13) The Florida National Scenic Trail, a route of approximately thirteen hundred miles extending through the State of Florida as generally depicted in ‘‘The Florida Trail’’, a national scenic

trail study draft report prepared by the Department of the Interior

and dated February 1980. The report shall be on file and available

for public inspection in the office of the Chief of the Forest Service,

Washington, District of Columbia. No lands or interests therein

outside the exterior boundaries of any federally administered area

may be acquired by the Federal Government for the Florida Trail

except with the consent of the owner thereof. The Secretary of Agriculture may designate lands outside of federally administered

areas as segments of the trail, only upon application from the

States or local governmental agencies involved, if such segments

meet the criteria established in this Act and are administered by

such agencies without expense to the United States. The trail shall

be administered by the Secretary of Agriculture.

(14) The Nez Perce National Historic Trail, a route of approximately eleven hundred and seventy miles extending from the vicinity of Wallowa Lake, Oregon, to Bear Paw Mountain, Montana, as

generally depicted in ‘‘Nez Perce (Nee-Me-Poo) Trail Study Report’’ prepared by the Department of Agriculture and dated March 1982.

The report shall be on file and available for public inspection in the

Office of the Chief of the Forest Service, Washington, District of

Columbia. The trail shall be administered by the Secretary of Agriculture. No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the

Federal Government for the Nez Perce National Historic Trail. The

Secretary of Agriculture may designate lands outside of federally

administered areas as segments of the trail upon application from

the States or local governmental agencies involved if such segments

meet the criteria established in this Act and are administered by

such agencies without expense to the United States. So that significant route segments and sites recognized as associated with the

Nez Perce Trail may be distinguished by suitable markers, the Secretary of Agriculture is authorized to accept the donation of suitable markers for placement at appropriate locations. Any such
2–9 Sec. 5 NATIONAL TRAILS SYSTEM ACT

1 In paragraph (16)(B), the reference to ‘‘subsections’’ should be ‘‘sections’’.

markers associated with the Nez Perce Trail which are to be located on lands administered by any other department or agency of

the United States may be placed on such lands only with the concurrence of the head of such department or agency.

(15) The Santa Fe National Historic Trail, a trail of approximately 950 miles from a point near Old Franklin, Missouri,

through Kansas, Oklahoma, and Colorado to Santa Fe, New Mexico, as generally depicted on a map entitled ‘‘The Santa Fe Trail’’ contained in the Final Report of the Secretary of the Interior pursuant to subsection (b) of this section, dated July 1976. The map

shall be on file and available for public inspection in the office of

the Director of the National Park Service, Washington, District of

Columbia. The trail shall be administered by the Secretary of the

Interior. No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the

Federal Government for the Santa Fe Trail except with the consent

of the owner thereof. Before acquiring any easement or entering

into any cooperative agreement with a private landowner with respect to the trail, the Secretary shall notify the landowner of the

potential liability, if any, for injury to the public resulting from

physical conditions which may be on the landowner’s land. The

United States shall not be held liable by reason of such notice or

failure to provide such notice to the landowner. So that significant

route segments and sites recognized as associated with the Santa

Fe Trail may be distinguished by suitable markers, the Secretary

of the Interior is authorized to accept the donation of suitable

markers for placement at appropriate locations.

(16)(A) The Trail of Tears National Historic Trail, a trail consisting of water routes and overland routes traveled by the Cherokee Nation during its removal from ancestral lands in the East to

Oklahoma during 1838 and 1839, generally located within the corridor described through portions of Georgia, North Carolina, Alabama, Tennessee, Kentucky, Illinois, Missouri, Arkansas, and

Oklahoma in the final report of the Secretary of the Interior prepared pursuant to subsection (b) of this section entitled ‘‘Trail of

Tears’’ and dated June 1986. Maps depicting the corridor shall be

on file and available for public inspection in the Office of the National Park Service, Department of the Interior. The trail shall be

administered by the Secretary of the Interior. No lands or interests

therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the

Trail of Tears except with the consent of the owner thereof.

(B) In carrying out his responsibilities pursuant to subsections 1 5(f) and 7(c) of this Act, the Secretary of the Interior shall

give careful consideration to the establishment of appropriate interpretive sites for the Trail of Tears in the vicinity of Hopkinsville,

Kentucky, Fort Smith, Arkansas, Trail of Tears State Park, Missouri, and Tahlequah, Oklahoma.

(17) The Juan Bautista de Anza National Historic Trail, a trail

comprising the overland route traveled by Captain Juan Bautista

de Anza of Spain during the years 1775 and 1776 from Sonora,

Mexico, to the vicinity of San Francisco, California, of approximately 1,200 miles through Arizona and California, as generally
Sec. 5 NATIONAL TRAILS SYSTEM ACT 2–10

2For a related provision regarding the Pony Express National Historic Trail, see the item in

this compilation entitled ‘‘Pony Express National Historic Trail’’.

described in the report of the Department of the Interior prepared

pursuant to subsection (b) entitled ‘Juan Bautista de Anza National Trail Study, Feasibility Study and Environmental Assessment’ and dated August 1986. A map generally depicting the trail

shall be on file and available for public inspection in the Office of

the Director of the National Park Service, Washington, District of

Columbia. The trail shall be administered by the Secretary of the

Interior. No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the

Federal Government for the Juan Bautista de Anza National Historic Trail without the consent of the owner thereof. In implementing this paragraph, the Secretary shall encourage volunteer

trail groups to participate in the development and maintenance of

the trail.

(18) The California National Historic Trail, a route of approximately five thousand seven hundred miles, including all routes and

cutoffs, extending from Independence and Saint Joseph, Missouri,

and Council Bluffs, Iowa, to various points in California and Oregon, as generally described in the report of the Department of the

Interior prepared pursuant to subsection (b) of this section entitled

‘‘California and Pony Express Trails, Eligibility/Feasibility Study/

Environmental Assessment’’ and dated September 1987. A map

generally depicting the route shall be on file and available for public inspection in the Office of the National Park Service, Department of the Interior. The trail shall be administered by the Secretary of the Interior. No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the United States for the California National Historic

Trail except with the consent of the owner thereof.

(19) 2 The Pony Express National Historic Trail, a route of approximately one thousand nine hundred miles, including the original route and subsequent route changes, extending from Saint Joseph, Missouri, to Sacramento, California, as generally described in

the report of the Department of the Interior prepared pursuant to

subsection (b) of this section entitled ‘‘California and Pony Express

Trails, Eligibility/Feasibility Study/Environmental Assessment’’,

and dated September 1987. A map generally depicting the route

shall be on file and available for public inspection in the Office of

the National Park Service, Department of the Interior. The trail

shall be administered by the Secretary of the Interior. No lands or

interests therein outside the exterior boundaries of any federally

administered area may be acquired by the United States for the

Pony Express National Historic Trail except with the consent of the

owner thereof.

(20) The Selma to Montgomery National Historic Trail, consisting of 54 miles of city streets and United States Highway 80

from Brown Chapel A.M.E. Church in Selma to the State Capitol

Building in Montgomery, Alabama, traveled by voting rights advocates during March 1965 to dramatize the need for voting rights

legislation, as generally described in the report of the Secretary of

the Interior prepared pursuant to subsection (b) of this section entitled ‘‘Selma to Montgomery’’ and dated April 1993. Maps depicting
2–11 Sec. 5 NATIONAL TRAILS SYSTEM ACT

1Margins so in law.

1Margins so in law. This second paragraph (21) was added by section 3 of Public Law 106–

509 (114 Stat. 2361).

the route shall be on file and available for public inspection in the

Office of the National Park Service, Department of the Interior.

The trail shall be administered in accordance with this Act, including section 7(h). The Secretary of the Interior, acting through the

National Park Service, which shall be the lead Federal agency,

shall cooperate with other Federal, State and local authorities to

preserve historic sites along the route, including (but not limited

to) the Edmund Pettus Bridge and the Brown Chapel A.M.E.

Church.

(21) 1 EL CAMINO REAL DE TIERRA ADENTRO.—

(A) El Camino Real de Tierra Adentro (the Royal Road

of the Interior) National Historic Trail, a 404 mile long

trail from the Rio Grande near El Paso, Texas to San Juan

Pueblo, New Mexico, as generally depicted on the maps entitled ‘‘United States Route: El Camino Real de Tierra

Adentro’’, contained in the report prepared pursuant to

subsection (b) entitled ‘‘National Historic Trail Feasibility

Study and Environmental Assessment: El Camino Real de

Tierra Adentro, Texas-New Mexico’’, dated March 1997.

(B) MAP.—A map generally depicting the trail shall be

on file and available for public inspection in the Office of

the National Park Service, Department of the Interior.

(C) ADMINISTRATION.—The Trail shall be administered

by the Secretary of the Interior.

(D) LAND ACQUISITION.—No lands or interests therein

outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for

El Camino Real de Tierra Adentro except with the consent

of the owner thereof.

(E) VOLUNTEER GROUPS; CONSULTATION.—The Secretary of the Interior shall—

(i) encourage volunteer trail groups to participate

in the development and maintenance of the trail; and

(ii) consult with other affected Federal, State,

local governmental, and tribal agencies in the administration of the trail.

(F) COORDINATION OF ACTIVITIES.—The Secretary of

the Interior may coordinate with United States and Mexican public and non-governmental organizations, academic

institutions, and, in consultation with the Secretary of

State, the government of Mexico and its political subdivisions, for the purpose of exchanging trail information and

research, fostering trail preservation and educational programs, providing technical assistance, and working to establish an international historic trail with complementary

preservation and education programs in each nation.

(21) 1 ALA KAHAKAI NATIONAL HISTORIC TRAIL.—

(A) IN GENERAL.—The Ala Kahakai National Historic

Trail (the Trail by the Sea), a 175 mile long trail extending

from ’Upolu Point on the north tip of Hawaii Island down

the west coast of the Island around Ka Lae to the east
Sec. 5 NATIONAL TRAILS SYSTEM ACT 2–12

2Section 3(a)(2) of the Hawaii Volcanoes National Park Adjustment Act of 2000 (Public Law

106–510; 114 Stat. 2363) provides that ‘‘Any reference in any law (other than this Act), 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’.’’

boundary of Hawaii Volcanoes National Park 2 at the ancient shoreline temple known as ‘‘Waha’ula’’, as generally

depicted on the map entitled ‘‘Ala Kahakai Trail’’, contained in the report prepared pursuant to subsection (b)

entitled ‘‘Ala Kahakai National Trail Study and Environmental Impact Statement’’, dated January 1998.

(B) MAP.—A map generally depicting the trail shall be

on file and available for public inspection in the Office of

the National Park Service, Department of the Interior.

(C) ADMINISTRATION.—The trail shall be administered

by the Secretary of the Interior.

(D) LAND ACQUISITION.—No land or interest in land

outside the exterior boundaries of any federally administered area may be acquired by the United States for the

trail except with the consent of the owner of the land or

interest in land.

(E) PUBLIC PARTICIPATION; CONSULTATION.—The Secretary of the Interior shall— (i) encourage communities and owners of land

along the trail, native Hawaiians, and volunteer trail

groups to participate in the planning, development,

and maintenance of the trail; and

(ii) consult with affected Federal, State, and local

agencies, native Hawaiian groups, and landowners in

the administration of the trail.

(b) The Secretary of the Interior, through the agency most likely to administer such trail, and the Secretary of Agriculture where

lands administered by him are involved, shall make such additional studies as are herein or may hereafter be authorized by the

Congress for the purpose of determining the feasibility and desirability of designating other trails as national scenic or national historic trails. Such studies shall be made in consultation with the

heads of other Federal agencies administering lands through which

such additional proposed trails would pass and in cooperation with

interested interstate, State, and local governmental agencies, public and private organizations, and landowners and land users concerned. The feasibility of designating a trail shall be determined on

the basis of an evaluation of whether or not it is physically possible

to develop a trail along a route being studied, and whether the development of a trail would be financially feasible. The studies listed

in subsection (c) of this section shall be completed and submitted

to the Congress, with recommendations as to the suitability of trail

designation, not later than three complete fiscal years from the

date of enactment of their addition to this subsection, or from the

date of enactment of this sentence, whichever is later. Such studies, when submitted, shall be printed as a House or Senate document, and shall include, but not be limited to:

(1) the proposed route of such trail (including maps and illustrations);

(2) the areas adjacent to such trails, to be utilized for scenic, historic, natural, cultural, or developmental purposes;
2–13 Sec. 5 NATIONAL TRAILS SYSTEM ACT

(3) the characteristics which, in the judgment of the appropriate Secretary, make the proposed trail worthy of designation

as a national scenic or national historic trail; and in the case

of national historic trails the report shall include the recommendation of the Secretary of the Interior’s National Park

System Advisory Board as to the national historic significance

based on the criteria developed under the Historic Sites Act of

1935 (49 Stat. 666; 16 U.S.C. 461);

(4) the current status of land ownership and current and

potential use along the designated route;

(5) the estimated cost of acquisition of lands or interest in

lands, if any;

(6) the plans for developing and maintaining the trail and

the cost thereof;

(7) the proposed Federal administering agency (which, in

the case of a national scenic or national historic trail wholly or

substantially within a national forest, shall be the Department

of Agriculture);

(8) the extent to which a State or its political subdivisions

and public and private organizations might reasonably be expected to participate in acquiring the necessary lands and in

the administration thereof;

(9) the relative uses of the lands involved, including: the

number of anticipated visitor-days for the entire length of, as

well as for segments of, such trail; the number of months

which such trail, or segments thereof, will be open for recreation purposes; the economic and social benefits which might

accrue from alternate land uses; and the estimated man-years

of civilian employment and expenditures expected for the purposes of maintenance, supervision, and regulation of such trail;

(10) the anticipated impact of public outdoor recreation use

on the preservation of a proposed national historic trail and its

related historic and archeological features and settings, including the measures proposed to ensure evaluation and preservation of the values that contribute to their national historic significance; and

(11) to qualify for designation as a national historic trail,

a trail must meet all three of the following criteria:

(A) It must be a trail or route established by historic

use and must be historically significant as a result of that

use. The route need not currently exist as a discernible

trail to qualify, but its location must be sufficiently known

to permit evaluation of public recreation and historical interest potential. A designated trail should generally accurately follow the historic route, but may deviate somewhat

on occasion of necessity to avoid difficult routing through

subsequent development, or to provide some route variation offering a more pleasurable recreational experience.

Such deviations shall be so noted on site. Trail segments

no longer possible to travel by trail due to subsequent development as motorized transportation routes may be designated and marked onsite as segments which link to the

historic trail.

(B) It must be of national signficance with respect to

any of several broad facets of American history, such as
Sec. 5 NATIONAL TRAILS SYSTEM ACT 2–14

trade and commerce, exploration, migration and settlement, or military campaigns. To qualify as nationally significant, historic use of the trail must have had a farreaching effect on broad patterns of American culture.

Trails significant in the history of native Americans may

be included.

(C) It must have significant potential for public recreational use or historical interest based on historic interpretation and appreciation. The potential for such use is

generally greater along roadless segments developed as

historic trails, and at historic sites associated with the

trail. The presence of recreation potential not related to

historic appreciation is not sufficient justification for designation under this category.

(c) The following routes shall be studied in accordance with the

objectives outlined in subsection (b) of this section:

(1) Continental Divide Trail, a three-thousand-one-hundredmile trail extending from near the Mexican border in southwestern

New Mexico northward generally along the Continental Divide to

the Canadian border in Glacier National Park.

(2) Potomac Heritage Trail, an eight-hundred-and-twenty-fivemile trail extending generally from the mouth of the Potomac River

to its sources in Pennsylvania and West Virginia, including the

one-hundred-and-seventy-mile Chesapeake and Ohio Canal towpath.

(3) Old Cattle Trails of the Southwest from the vicinity of San

Antonio, Texas, approximately eight hundred miles through Oklahoma via Baxter Springs and Chetopa, Kansas, to Fort Scott, Kansas, including the Chisholm Trail, from the vicinity of San Antonio

or Cuero, Texas, approximately eight hundred miles north through

Oklahoma to Abilene, Kansas.

(4) Lewis and Clark Trail, from Wood River, Illinois, to the Pacific Ocean in Oregon, following both the outbound and inbound

routes of the Lewis and Clark Expedition.

(5) Natchez Trace, from Nashville, Tennessee, approximately

six hundred miles to Natchez, Mississippi.

(6) North Country Trail, from the Appalachian Trail in Vermont, approximately three thousand two hundred miles through

the States of New York, Pennsylvania, Ohio, Michigan, Wisconsin,

and Minnesota, to the Lewis and Clark Trail in North Dakota.

(7) Kittanning Trail from Shirleysburg in Huntingdon County

to Kittanning, Armstrong County, Pennsylvania.

(8) Oregon Trail, from Independence, Missouri, approximately

two thousand miles to near Fort Vancover, Washington.

(9) Santa Fe Trail, from Independence, Missouri, approximately eight hundred miles to Santa Fe, New Mexico.

(10) Long Trail, extending two hundred and fifty-five miles

from the Massachusetts border northward through Vermont to the

Canadian Border.

(11) Mormon Trail, extending from Nauvoo, Illinois, to Salt

Lake City, Utah, through the States of Iowa, Nebraska, and Wyoming.

(12) Gold Rush Trails in Alaska.
2–15 Sec. 5 NATIONAL TRAILS SYSTEM ACT

1 In paragraph (19), the reference to the ‘‘Kissimme Prairie’’ should be ‘‘Kissimmee Prairie’’. 1Paragraph (23) was added by section 551(13) of the National Parks and Recreation Act of

1978 (Public Law 95–625; 92 Stat. 3514) as paragraph (20). The paragraph was redesignated

as paragraph (23) by section 401(m) of Public Law 96–87 (93 Stat. 666). However, Public Law

96–87 did not directly amend the National Trails System Act, but instead amended section

551(13) of the National Parks and Recreation Act of 1978. Although this amendment technique

is unorthodox, the amendment was executed without comment by the Law Revision Counsel of

the House of Representatives and various commercial publications.

(13) Mormon Battalion Trail, extending two thousand miles

from Mount Pisgah, Iowa, through Kansas, Colorado, New Mexico,

and Arizona to Los Angeles, California.

(14) El Camino Real from St. Augustine to San Mateo, Florida,

approximately 20 miles along the southern boundary of the St.

Johns River from Fort Caroline National Memorial to the St. Augustine National Park Monument.

(15) Bartram Trail, extending through the States of Georgia,

North Carolina, South Carolina, Alabama, Florida, Louisiana, Mississippi, and Tennessee.

(16) Daniel Boone Trail, extending from the vicinity of Statesville, North Carolina, to Fort Boonesborough State Park, Kentucky.

(17) Desert Trail, extending from the Canadian border through

parts of Idaho, Washington, Oregon, Nevada, California, and Arizona, to the Mexican border.

(18) Dominguez-Escalante Trail, extending approximately two

thousands miles along the route of the 1776 expedition led by Father Francisco Atanasio Dominguez and Father Silvestre Velez de

Escalante, originating in Santa Fe, New Mexico; proceeding northwest along the San Juan, Dolores, Gunnison, and White Rivers in

Colorado; thence westerly to Utah Lake; thence southward to Arizona and returning to Santa Fe.

(19) Florida Trail, extending north from Everglades National

Park, including the Big Cypress Swamp, the Kissimme 1 Prairie,

the Withlacoochee State Forest, Ocala National Forest, Osceola National Forest, and Black Water River State Forest, said completed

trail to be approximately one thousand three hundred miles long,

of which over four hundred miles of trail have already been built.

(20) Indian Nations Trail, extending from the Red River in

Oklahoma approximately two hundred miles northward through

the former Indian nations to the Oklahoma-Kansas boundary line.

(21) Nez Perce Trail extending from the vicinity of Wallowa

Lake, Oregon, to Bear Paw Mountain, Montana.

(22) Pacific Northwest Trail, extending approximately one

thousand miles from the Continental Divide in Glacier National

Park, Montana, to the Pacific Ocean beach of Olympic National

Park, Washington, by way of—

(A) Flathead National Forest and Kootenai National Forest

in the State of Montana;

(B) Kaniksu National Forest in the State of Idaho; and

(C) Colville National Forest, Okanogan National Forest,

Pasayten Wilderness Area, Ross Lake National Recreation

Area, North Cascades National Park, Mount Baker, the Skagit

River, Deception Pass, Whidbey Island, Olympic National Forest, and Olympic National Park in the State of Washington.

(23) 1 Overmountain Victory Trail, extending from the vicinity

of Elizabethton, Tennessee, to Kings Mountain National Military

Park, South Carolina.
Sec. 5 NATIONAL TRAILS SYSTEM ACT 2–16

1The left margin of paragraph (31) does not conform to the rest of the subsection and should

be moved 2 ems to the left.

(24) Juan Bautista de Anza Trail, following the overland route

taken by Juan Bautista de Anza in connection with his travels

from the United Mexican States to San Francisco, California.

(25) Trail of Tears, including the associated forts and specifically, Fort Mitchell, Alabama, and historic properties, extending

from the vicinity of Murphy, North Carolina through Georgia, Alabama, Tennessee, Kentucky, Illinois, Missouri, and Arkansas, to

the vicinity of Tahlequah, Oklahoma.

(26) Illinois Trail, extending from the Lewis and Clark Trail at

Wood River, Illinois, to the Chicago Portage National Historic Site,

generally following the Illinois River and the Illinois and Michigan

Canal.

(27) Jedediah Smith Trail, to include the routes of the explorations led by Jedediah Smith—

(A) during the period 1826–1827, extending from the

Idaho-Wyoming border, through the Great Salt Lake, Sevier,

Virgin, and Colorado River Valleys, and the Mojave Desert, to

the San Gabriel Mission, California; thence through the

Tehachapi Mountains, San Joaquin and Stanislaus River Valleys, Ebbetts Pass, Walker River Valley, Bald Mount, Mount

Grafton, and Great Salt Lake to Bear Lake, Utah; and

(B) during 1828, extending from the Sacramento and Trinity River Valleys along the Pacific coastline, through the Smith

and Willamette River Valleys to the Fort Vancouver National

Historic Site, Washington, on the Columbia River.

(28) General Crook Trail, extending from Prescott, Arizona,

across the Mogollon Rim to Fort Apache.

(29) Beale Wagon Road, within the Kaibab and Coconino National Forests in Arizona: Provided, That such study may be prepared in conjuction with ongoing planning processes for these National Forests to be completed before 1990.

(30) Pony Express Trail, extending from Saint Joseph, Missouri, through Kansas, Nebraska, Colorado, Wyoming, Utah, Nevada, to Sacramento, California, as indicated on a map labeled ‘‘Potential Pony Express Trail’’, dated October 1983 and the California

Trail, extending from the vicinity of Omaha, Nebraska, and Saint

Joseph, Missouri, to various points in California, as indicated on a

map labeled ‘‘Potential California Trail’’ and dated August 1, 1983.

Notwithstanding subsection (b) of this section, the study under this

paragraph shall be completed and submitted to the Congress no

later than the end of two complete fiscal years beginning after the

date of the enactment of this paragraph. Such study shall be separated into two portions, one relating to the Pony Express Trail and

one relating to the California Trail.

(31) 1 De Soto Trail, the approximate route taken by the

expedition of the Spanish explorer Hernado de Soto in 1539,

extending through portions of the States of Florida, Georgia,

South Carolina, North Carolina, Tennessee, Alabama, Mississippi, to the area of Little Rock, Arkansas, on to Texas and

Louisiana, and any other States which may have been crossed

by the expedition. The study under this paragraph shall be

prepared in accordance with subsection (b) of this section, ex-
2–17 Sec. 5 NATIONAL TRAILS SYSTEM ACT

1Section 3(a)(2) of the Hawaii Volcanoes National Park Adjustment Act of 2000 (Public Law

106–510; 114 Stat. 2363) provides that ‘‘Any reference in any law (other than this Act), 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’.’’

cept that it shall be completed and submitted to the Congress

with recommendations as to the trail’s suitability for designation not later than one calendar year after the date of enactment of this paragraph.

(32) Coronado Trail, the approximate route taken by the expedition of the Spanish explorer Francisco Vasquez de Coronado between 1540 and 1542, extending through portions of the States of

Arizona, New Mexico, Texas, Oklahoma, and Kansas. The study

under this paragraph shall be prepared in accordance with subsection (b) of this section. In conducting the study under this paragraph, the Secretary shall provide for (A) the review of all original

Spanish documentation on the Coronado Trail, (B) the continuing

search for new primary documentation on the trail, and (C) the examination of all information on the archeological sites along the

trail.

(33) The route from Selma to Montgomery, Alabama traveled

by people in a march dramatizing the need for voting rights legislation, in March 1965, includes Sylvan South Street, Water Avenue,

the Edmund Pettus Bridge, and Highway 80. The study under this

paragraph shall be prepared in accordance with subsection (b) of

this section, except that it shall be completed and submitted to the

Congress with recommendations as to the trail’s suitability for designation not later than 1 year after the enactment of this paragraph.

(34) American Discovery Trail, extending from Pt. Reyes, California, across the United States through Nevada, Utah, Colorado,

Kansas, Nebraska, Missouri, Iowa, Illinois, Indiana, Ohio, West

Virginia, Maryland, and the District of Columbia, to Cape Henlopen State Park, Delaware; to include in the central United States

a northern route through Colorado, Nebraska, Iowa, Illinois, and

Indiana and a southern route through Colorado, Kansas, Missouri,

Illinois, and Indiana.

(35) Ala Kahakai Trail in the State of Hawaii, an ancient Hawaiian trail on the Island of Hawaii extending from the northern

tip of the Island of Hawaii approximately 175 miles along the western and southern coasts to the northern boundary of Hawaii Volcanoes National Park. 1

(36)(A) El Camino Real de Tierra Adentro, the approximately

1,800 mile route extending from Mexico City, Mexico, across the

international border at El Paso, Texas, to Santa Fe, New Mexico.

(B) The study shall—

(i) examine changing routes within the general corridor;

(ii) examine major connecting branch routes; and

(iii) give due consideration to alternative name designations.

(C) The Secretary of the Interior is authorized to work in cooperation with the Government of Mexico (including, but not limited to providing technical assistance) to determine the suitability

and feasibility of establishing an international historic route along

the El Camino Real de Tierra Adentro.
Sec. 5 NATIONAL TRAILS SYSTEM ACT 2–18

(37)(A) El Camino Real Para Los Texas, the approximate series

of routes from Saltillo, Monclova, and Guerrero, Mexico across

Texas through San Antonio and Nacogdoches, to the vicinity of Los

Adaes, Louisiana, together with the evolving routes later known as

the San Antonio Road.

(B) The study shall— (i) examine the changing roads within the historic corridor;

(ii) examine the major connecting branch routes;

(iii) determine the individual or combined suitability and

feasibility of routes for potential national historic trail designation;

(iv) consider the preservation heritage plan developed by

the Texas Department of Transportation entitled ‘‘A Texas

Legacy: The Old San Antonio Road and the Caminos Reales’’, dated January, 1991; and

(v) make recommendations concerning the suitability and

feasibility of establishing an international historical park

where the trail crosses the United States-Mexico border at

Maverick County, Texas, and Guerrero, Mexico.

(C) The Secretary of the Interior is authorized to work in cooperation with the government of Mexico (including, but not limited to providing technical assistance) to determine the suitability

and feasibility of establishing an international historic trail along

the El Camino Real Para Los Texas.

(D) The study shall be undertaken in consultation with the

Louisiana Department of Transportation and Development and the

Texas Department of Transportation.

(E) The study shall consider alternative name designations for

the trail.

(F) The study shall be completed no later than two years after

the date funds are made available for the study.

(38) The Old Spanish Trail, beginning in Santa Fe, New Mexico, proceeding through Colorado and Utah, and ending in Los Angeles, California, and the Northern Branch of the Old Spanish

Trail, beginning near Espanola, New Mexico, proceeding through

Colorado, and ending near Crescent Junction, Utah.

(39) The Great Western Scenic Trail, a system of trails to accommodate a variety of travel users in a corridor of approximately

3,100 miles in length extending from the Arizona-Mexico border to

the Idaho-Montana-Canada border, following the approximate

route depicted on the map identified as ‘‘Great Western Trail Corridor, 1988’’, which shall be on file and available for public inspection in the Office of the Chief of the Forest Service, United States

Department of Agriculture. The trail study shall be conducted by

the Secretary of Agriculture, in consultation with the Secretary of

the Interior, in accordance with subsection (b) and shall include— (A) the current status of land ownership and current and

potential use along the designated route;

(B) the estimated cost of acquisition of lands or interests

in lands, if any; and

(C) an examination of the appropriateness of motorized

trail use along the trail.

(40) STAR-SPANGLED BANNER NATIONAL HISTORIC TRAIL.—

(A) IN GENERAL.—The Star-Spangled Banner National Historic Trail, tracing the War of 1812 route from the arrival of
2–19 Sec. 5 NATIONAL TRAILS SYSTEM ACT

1 In the first sentence of subsection (d), the word ‘‘establishment.’’ should be stricken.

the British fleet in the Patuxent River in Calvert County and

St. Mary’s County, Maryland, the landing of the British forces

at Benedict, the sinking of the Chesapeake Flotilla at Pig

Point, the American defeat at the Battle of Bladensburg, the

siege of the Nation’s Capital, Washington, District of Columbia

(including the burning of the United States Capitol and the

White House), the British naval diversions in the upper Chesapeake Bay leading to the Battle of Caulk’s Field in Kent County, Maryland, the route of the American troops from Washington through Georgetown, the Maryland Counties of Montgomery, Howard, and Baltimore, and the City of Baltimore,

Maryland, to the Battle of North Point, and the ultimate victory of the Americans at Fort McHenry on September 14, 1814.

(B) AFFECTED AREAS.—The trail crosses eight counties

within the boundaries of the State of Maryland, the City of

Baltimore, Maryland, and Washington, District of Columbia.

(C) COORDINATION WITH OTHER CONGRESSIONALLY MANDATED ACTIVITIES.—The study under this paragraph shall be

undertaken in coordination with the study authorized under

section 603 of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 1a–5 note; 110 Stat. 4172) and the

Chesapeake Bay Gateways and Watertrails Network authorized under the Chesapeake Bay Initiative Act of 1998 (16

U.S.C. 461 note; 112 Stat. 2961). Such coordination shall extend to any research needed to complete the studies and any

findings and implementation actions that result from the studies and shall use available resources to the greatest extent possible to avoid unnecessary duplication of effort.

(D) DEADLINE FOR STUDY.—Not later that 2 years after

funds are made available for the study under this paragraph,

the study shall be completed and transmitted with final recommendations to the Committee on Resources in the House of

Representatives and the Committee on Energy and Natural

Resources in the Senate.

(d) The Secretary charged with the administration of each respective trail shall, within one year of the date of the addition of

any national scenic or national historic trail to the system, and

within sixty days of the enactment of this sentence for the Appalachian and Pacific Crest National Scenic Trails, establish an advisory council for each such trail, each of which councils shall expire

ten years from the date of its establishment.1 establishment, except

that the Advisory Council established for the Iditarod Historic Trail

shall expire twenty years from the date of its establishment. If the

appropriate Secretary is unable to establish such an advisory council because of the lack of adequate public interest, the Secretary

shall so advise the appropriate committees of the Congress. The appropriate Secretary shall consult with such council from time to

time with respect to matters relating to the trail, including the selection of rights-of-way, standards for the erection and maintenance

of markers along the trail, and the administration of the trail. The

members of each advisory council, which shall not exceed thirtyfive in number, shall serve for a term of two years and without

compensation as such, but the Secretary may pay, upon vouchers
Sec. 5 NATIONAL TRAILS SYSTEM ACT 2–20

2 In subsection (e), section 101(b)(2) of Public Law 96–199 (94 Stat. 68) added the reference

to the North Country National Scenic Trail. However, Public Law 96–199 did not directly amend

the National Trails System Act, but instead amended section 551(15) of the National Parks and

Recreation Act of 1978 (Public Law 95–625; 92 Stat. 3515), which had earlier amended the National Trails System Act by adding subsection (e). Although this amendment technique is unorthodox, the amendment was executed without comment by the Law Revision Counsel of the

House of Representatives and various commercial publications.

signed by the chairman of the council, the expenses reasonably incurred by the council and its members in carrying out their responsibilities under this section. Members of each council shall be appointed by the appropriate Secretary as follows:

(1) the head of each Federal department or independent

agency administering lands through which the trail route

passes, or his designee;

(2) a member appointed to represent each State through

which the trail passes, and such appointments shall be made

from recommendations of the Governors of such States;

(3) one or more members appointed to represent private

organizations, including corporate and individual landowners

and land users, which in the opinion of the Secretary, have an

established and recognized interest in the trail, and such appointments shall be made from recommendations of the heads

of such organizations: Provided, That the Appalachian Trail

Conference shall be represented by a sufficient number of persons to represent the various sections of the country through

which the Appalachian Trail passes; and

(4) the Secretary shall designate one member to be chairman and shall fill vacancies in the same manner as the original appointment.

(e) Within two complete fiscal years of the date of enactment

of legislation designating a national scenic trail, except for the Continental Divide National Scenic Trail, and the North Country National Scenic Trail, 2 as part of the system, and within two complete

fiscal years of the date of enactment of this subsection for the Pacific Crest and Appalachian Trails, the responsible Secretary shall,

after full consultation with affected Federal land managing agencies, the Governors of the affected States, the relevant advisory

council established pursuant to section 5(d), and the Appalachian

Trail Conference in the case of the Appalachian Trail, submit to

the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the

Senate, a comprehensive plan for the acquisition, management, development, and use of the trail, including but not limited to, the

following items:

(1) specific objectives and practices to be observed in the

management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved (along with high potential historic sites and high potential route segments in the case of national historic trails), details of anticipated cooperative agreements to be consummated

with other entities, and an identified carrying capacity of the

trail and a plan for its implementation;

(2) an acquisition or protection plan, by fiscal year, for all

lands to be acquired by fee title or lesser interest, along with

detailed explanation of anticipated necessary cooperative

agreements for any lands not to be acquired; and
2–21 Sec. 7 NATIONAL TRAILS SYSTEM ACT

1 In subsection (f), section 101(b)(3) of Public Law 96–199 (94 Stat. 68) added the reference

to the North Country National Scenic Trail. However, Public Law 96–199 did not directly amend

the National Trails System Act, but instead amended section 551(15) of the National Parks and

Recreation Act of 1978 (Public Law 95–625; 92 Stat. 3515), which had earlier amended the National Trails System Act by adding subsection (f). Although this amendment technique is unorthodox, the amendment was executed without comment by the Law Revision Counsel of the

House of Representatives and various commercial publications.

(3) general and site-specific development plans including

anticipated costs.

(f) Within two complete fiscal years of the date of enactment

of legislation designating a national historic trail or the Continental Divide National Scenic Trail or the North Country National

Scenic Trail, 1 as part of the system, the responsible Secretary

shall, after full consultation with affected Federal land managing

agencies, the Governors of the affected States, and the relevant Advisory Council established pursuant to section 5(d) of this Act, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources

of the Senate, a comprehensive plan for the management, and use

of the trail, including but not limited to, the following items:

(1) specific objectives and practices to be observed in the

management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved, details of any anticipated cooperative agreements to be

consummated with State and local government agencies or private interests, and for national scenic or national historic trails

an identified carrying capacity of the trail and a plan for its

implementation;

(2) the process to be followed by the appropriate Secretary

to implement the marking requirements established in section

7(c) of this Act;

(3) a protection plan for any high potential historic sites or

high potential route segments; and

(4) general and site-specific development plans, including

anticipated costs.

CONNECTING AND SIDE TRAILS

SEC. 6. ø16 U.S.C. 1245¿ Connecting or side trails within park,

forest, and other recreation areas administered by the Secretary of

the Interior or Secretary of Agriculture may be established, designated, and marked by the appropriate Secretary as components

of a national recreation, national scenic or national historic trail.

When no Federal land acquisition is involved, connecting or side

trails may be located across lands administered by interstate,

State, or local governmental agencies with their consent; or, where

the appropriate Secretary deems necessary or desirable, on privately owned lands with the consent of the landowner. Applications

for approval and designation of connecting and side trails on nonFederal lands shall be submitted to the appropriate Secretary.

ADMINISTRATION AND DEVELOPMENT

SEC. 7. ø16 U.S.C. 1246¿ (a)(1)(A) The Secretary charged with

the overall administration of a trail pursuant to section 5(a) shall,

in administrating and managing the trail, consult with the heads

of all other affected State and Federal agencies. Nothing contained
Sec. 7 NATIONAL TRAILS SYSTEM ACT 2–22

in this Act shall be deemed to transfer amoung Federal agencies

any management responsibilities established under any other law

for federally administered lands which are components of the National Trails System. Any transfer of management responsibilities

may be carried out between the Secretary of the Interior and the

Secretary of Agriculture only as provided under subparagraph (B).

(B) The Secretary charged with the overall administration of

any trail pursuant to section 5(a) may transfer management of any

specified trail segment of such trail to the other appropriate Secretary pursuant to a joint memorandum of agreement containing

such terms and conditions as the Secretaries consider most appropriate to accomplish the purposes of this Act. During any period in

which management responsibilities for any trail segment are transferred under such an agreement, the management of any such segment shall be subject to the laws, rules, and regulations of the Secretary provided with the management authority under the agreement, except to such extent as the agreement may otherwise expressly provide.

(2) Pursuant to section 5(a), the appropriate Secretary shall select the rights-of-way for national scenic and national historic trails

and shall publish notice of the availability of appropriate maps or

descriptions in the Federal Register: Provided, That in selecting

the rights-of-way full consideration shall be given to minimizing

the adverse effects upon the adjacent landowner or user and his operation. Development and management of each segment of the National Trails System shall be designed to harmonize with and complement any established multiple-use plans for that specific area in

order to insure continued maximum benefits from the land. The location and width of such rights-of-way across Federal lands under

the jurisdiction of another Federal agency shall be by agreement

between the head of that agency and the appropriate Secretary. In

selecting rights-of-way for trail purposes, the Secretary shall obtain

the advice and assistance of the States, local governments, private

organizations, and landowners and land users concerned.

(b) After publication of notice of the availability of appropriate

maps or descriptions in the Federal Register, the Secretary charged

with the administration of a national scenic or national historic

trail may relocate segments of a national scenic or national historic

trail right-of-way, with the concurrence of the head of the Federal

agency having jurisdiction over the lands involved, upon a determination that: (i) Such a relocation is necessary to preserve the

purposes for which the trail was established, or (ii) the relocation

is necessary to promote a sound land management program in accordance with established multiple-use principles: Provided, That a

substantial relocation of the rights-of-way for such trail shall be by

Act of Congress.

(c) National scenic or national historic trails may contain

campsites, shelters, and related-public-use facilities. Other uses

along the trail, which will not substantially interfere with the nature and purposes of the trail, may be permitted by the Secretary

charged with the administration of the trail. Reasonable efforts

shall be made to provide sufficient access opportunities to such

trails and, to the extent practicable, efforts shall be made to avoid

activities incompatible with the purposes for which such trails were

established. The use of motorized vehicles by the general public
2–23 Sec. 7 NATIONAL TRAILS SYSTEM ACT

1With regard to the sixth sentence of subsection (c), section 401(m)(2) of Public Law 96–87

(93 Stat. 666) amended section 551(18) of the National Parks and Recreation Act of 1978 (Public

Law 95–625; 92 Stat. 3516) so that this sentence would be added to the National Trails System

Act.

along any national scenic trail shall be prohibited and nothing in

this Act shall be construed as authorizing the use of motorized vehicles within the natural and historical areas of the national park

system, the national wildlife refuge system, the national wilderness

preservation system where they are presently prohibited or on

other Federal lands where trails are designated as being closed to

such use by the appropriate Secretary: Provided, That the Secretary charged with the administration of such trail shall establish

regulations which shall authorize the use of motorized vehicles

when, in his judgment, such vehicles are necessary to meet emergencies or to enable adjacent landowners or land users to have reasonable access to their lands or timber rights: Provided further,

That private lands included in the national recreation, national

scenic, or national historic trails by cooperative agreement of a

landowner shall not preclude such owner from using motorized vehicles on or across such trails or adjacent lands from time to time

in accordance with regulations to be established by the appropriate

Secretary. Where a national historic trail follows existing public

roads, developed rights-of-way or waterways, and similar features

of man’s nonhistorically related development, approximating the

original location of a historic route, such segments may be marked

to facilitate retracement of the historic route, and where a national

historic trail parallels an existing public road, such road may be

marked to commemorate the historic route. Other 1 uses along the

historic trails and the Continental Divide National Scenic Trail,

which will not substantially interfere with the nature and purposes

of the trail, and which, at the time of designation, are allowed by

administrative regulations, including the use of motorized vehicles,

shall be permitted by the Secretary charged with the administration of the trail. The Secretary of the Interior and the Secretary of

Agriculture, in consultation with appropriate governmental agencies and public and private organizations, shall establish a uniform

marker, including thereon an appropriate and distinctive symbol

for each national recreation, national scenic, and national historic

trial. Where the trails cross lands administered by Federal agencies such markers shall be erected at appropriated points along the

trails and maintained by the Federal agency administering the

trail in accordance with standards established by the appropriate

Secretary and where the trails cross non-Federal lands, in accordance with written cooperative agreements, the appropriate Secretary shall provide such uniform markers to cooperating agencies

and shall require such agencies to erect and maintain them in accordance with the standards established. The appropriate Secretary

may also provide for trail interpretation sites, which shall be located at historic sites along the route of any national scenic or national historic trail, in order to present information to the public

about the trail, at the lowest possible cost, with emphasis on the

portion of the trail passing through the State in which the site is

located. Wherever possible, the sites shall be maintained by a State
Sec. 7 NATIONAL TRAILS SYSTEM ACT 2–24

agency under a cooperative agreement between the appropriate

Secretary and the State agency.

(d) Within the exterior boundaries of areas under their administration that are included in the right-of-way selected for a national recreation, national scenic, or national historic trail, the

heads of Federal agencies may use lands for trail purposes and

may acquire lands or interests in lands by written cooperative

agreement, donation, purchase with donated or appropriated funds

or exchange.

(e) Where the lands included in a national scenic or national

historic trail right-of-way are outside of the exterior boundaries of

federally administered areas, the Secretary charged with the administration of such trail shall encourage the States or local governments involved (1) to enter into written cooperative agreements

with landowners, private organizations, and individuals to provide

the necessary trail right-of-way, or (2) to acquire such lands or interests therein to be utilized as segments of the national scenic or

national historic trail: Provided, That if the State or local governments fail to enter into such written cooperative agreements or to

acquire such lands or interests therein after notice of the selection

of the right-of-way is published, the appropriate Secretary may (i)

enter into such agreements with landowners, States, local governments, private organizations, and individuals for the use of lands

for trail purposes, or (ii) acquire private lands or interests therein

by donation, purchase with donated or appropriated funds or exchange in accordance with the provisions of subsection (f) of this

section: Provided further, That the appropriate Secretary may acquire lands or interests therein from local governments or governmental corporations with the consent of such entities. The lands involved in such rights-of-way should be acquired in fee, if other

methods of public control are not sufficient to assure their use for

the purpose for which they are acquired: Provided, That if the Secretary charged with the administration of such trail permanently

relocates the right-of-way and disposes of all title or interest in the

land, the original owner, or his heirs or assigns, shall be offered,

by notice given at the former owner’s last known address, the right

of first refusal at their fair market price.

(f)(1) The Secretary of the Interior, in the exercise of his exchange authority, may accept title to any non-Federal property

within the right-of-way and in exchange therefor he may convey to

the grantor of such property and federally owned property under

his jurisdiction which is located in the State wherein such property

is located and 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. The Secretary of Agriculture, in the exercise of his exchange authority, may utilize authorities and procedures available to him in connection with exchanges of national forest lands.

(2) In acquiring lands or interests therein for a National Scenic

or Historic Trail, the appropriate Secretary may, with consent of a

landowner, acquire whole tracts notwithstanding that parts of such

tracts may lie outside the area of trail acquisition. In furtherance

of the purposes of this Act, lands so acquired outside the area of
2–25 Sec. 7 NATIONAL TRAILS SYSTEM ACT

1With regard to the last sentence of subsection (g), section 401(m)(3) of Public Law 96–87 (93

Stat. 666) amended section 551(21) of the National Parks and Recreation Act of 1978 (Public

Law 95–625; 92 Stat. 3516) so that this sentence would be added to the National Trails System

Act.

trail acquisition may be exchanged for any non-Federal lands or interests therein within the trail right-of-way, or disposed of in accordance with such procedures or regulations as the appropriate

Secretary shall prescribe, including: (i) provisions for conveyance of

such acquired lands or interests therein at not less than fair market value to the highest bidder, and (ii) provisions for allowing the

last owners of record a right to purchase said acquired lands or interests therein upon payment or agreement to pay an amount

equal to the highest bid price. For lands designated for exchange

or disposal, the appropriate Secretary may convey these lands with

any reservations or convenants deemed desirable to further the

purposes of this Act. The proceeds from any disposal shall be credited to the appropriation bearing the costs of land acquisition for

the affected trail.

(g) The appropriate 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 provide passage across such lands: Provided, That condemnation proceedings may not be utilized to acquire fee title or

lesser interests to more than an average of one hundred and twenty-five acres per mile. Money appropriated for Federal purposes

from the land and water conservation fund shall, without prejudice

to appropriations from other sources, be available to Federal departments for the acquisition of lands or interests in lands for the

purposes of this Act. For national historic trails, direct Federal acquisition for trail purposes shall be limited to those areas indicated

by the study report or by the comprehensive plan as high potential

route segments or high potential historic sites. Except for designated protected components of the trail, no land or site located

along a designated national historic trail or along the Continental

Divide National Scenic Trail shall be subject to the provisions of

section 4(f) of the Department of Transportation Act (49 U.S.C.

1653(f) unless such land or site is deemed to be of historical significance under appropriate historical site criteria such as those for

the National Register of Historic Places. 1

(h)(1) The Secretary charged with the administration of a national recreation, national scenic, or national historic trail shall

provide for the development and maintenance of such trails within

federally administered areas and shall cooperate with and encourage the States to operate, develop, and maintain portions of such

trails which are located outside the boundaries of federally administered areas. When deemed to be in the public interest, such Secretary may enter written cooperative agreements with the States

or their political subdivisions, landowners, private organizations, or

individuals to operate, develop, and maintain any portion of such

a trail either within or outside a federally administered area. Such

agreements may include provisions for limited financial assistance

to encourage participation in the acquisition, protection, operation,
Sec. 7 NATIONAL TRAILS SYSTEM ACT 2–26

development, or maintenance of such trails, provisons providing

volunteer in the park or volunteer in the forest status (in accordance with the Volunteers in the Parks Act of 1969 and the Volunteers in the Forests Act of 1972) to individuals, private organizations, or landowners participating in such activities, or provisions

of both types. The appropriate Secretary shall also initiate consultations with affected States and their political subdivisions to

encourage—

(A) the development and implementation by such entities

of appropriate measures to protect private landowners from

trepass resulting from trail use and from unreasonable personal liability and property damage caused by trail use, and

(B) the development and implementation by such entities

of provisions for land practices, compatible with the purposes

of this Act,

for property within or adjacent to trail rights-of-way. After consulting with States and their political subdivisions under the preceding sentence, the Secretary may provide assistance to such entities under appropriate cooperative agreements in the manner provided by this subsection.

(2) Whenever the Secretary of the Interior makes any conveyance of land under any of the public land laws, he may reserve a

right-of-way for trails to the extent he deems necessary to carry out

the purposes of this Act.

(i) The appropriate Secretary, with the concurrence of the

heads of any other Federal agencies administering lands through

which a national recreation, national scenic, or national historic

trail passes, and after consultation with the States, local governments, and organizations concerned, may issue regulations, which

may be revised from time to time, governing the use, protection,

management, development, and administration of trails of the national trails system. In order to maintain good conduct on and

along the trails located within federally administered areas and to

provide for the proper government and protection of such trails, the

Secretary of the Interior and the Secretary of Agriculture shall prescribe and publish such uniform regulations as they deem necessary and any person who violates such regulations 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. The Secretary responsible for the administration of any segment of any component of the National

Trails System (as determined in a manner consistent with subsection (a)(1) of this section) may also utilize authorities related to

units of the national park system or the national forest system, as

the case may be, in carrying out his administrative responsibilities

for such component.

(j) Potential trail uses allowed on designated components of the

national trails system may include, but are not limited to, the following: bicyling, cross-country skiing, day hiking, equestrian activities, jogging or similar fitness activities, trail biking, overnight and

long-distance backpacking, snowmobiling, and surface water and

underwater activities. Vehicles which may be permitted on certain

trails may include, but need not be limited to, motorcycles, bicycles,

four-wheel drive or all-terrain off-road vehicles. In addition, trail

access for handicapped individuals may be provided. The provisions
2–27 Sec. 8 NATIONAL TRAILS SYSTEM ACT

of this subsection shall not supersede any other provisions of this

Act or other Federal laws, or any State or local laws.

(k) For the conservation purpose of preserving or enhancing

the recreational, scenic, natural, or historical values of components

of the national trails system, and environs thereof as determined

by the appropriate Secretary, landowners are authorized to donate

or otherwise convey qualified real property interests in qualified organizations consistent with section 170(h)(3) of the Internal Revenue Code 1954, including, but not limited to, right-of-way, open

space, scenic, or conservation easements, without regard to any

limitation on the nature of the estate or interest otherwise

transferrable within the jurisdiction where the land is located. The

conveyance of any such interest in land in accordance with this

subsection shall be deemed to further a Federal conservation policy

and yield a significant public benefit for purposes of section 6 of

Public Law 96–541.

STATE AND METROPOLITAN AREA TRAILS

SEC. 8. ø16 U.S.C. 1247¿ (a) The Secretary of the Interior is

directed to encourage States to consider, in their comprehensive

statewide outdoor recreation plans and proposals for financial assistance for State and local projects submitted pursuant to the

Land and Water Conservation Fund Act, needs and opportunities

for establishing park, forest, and other recreation and historic

trails on lands owned or administered by States, and recreation

trails on lands in or near urban areas.

The Secretary is also directed to encourage States to consider,

in their comprehensive statewide historic preservation plans and

proposals for financial assistance for State, local, and private

projects submitted pursuant to the Act of October 15, 1966 (80

Stat. 915), as amended, needs and opportunities for establishing

historic trails. He is further directed, in accordance with the authority contained in the Act of May 28, 1963 (77 Stat. 49), to encourage States, political subdivisions, and private interests, including nonprofit organizations, to establish such trails.

(b) The Secretary of Housing and Urban Development is directed, in administering the program of comprehensive urban planning and assistance under section 701 of the Housing Act of 1954,

to encourage the planning of recreation trails in connection with

the recreation and transportation planning for metropolitan and

other urban areas. He is further directed, in administering the

urban open-space program under title VII of the Housing Act of

1961, to encourage such recreation trails.

(c) The Secretary of Agriculture is directed, in accordance with

authority vested in him, to encourage States and local agencies and

private interests to establish such trails.

(d) The Secretary of Transportation, the Chairman of the Surface Transportation Board, and the Secretary of the Interior, in administering the Railroad Revitalization and Regulatory Reform Act

of 1976, shall encourage State and local agencies and private interests to establish appropriate trails using the provisions of such programs. Consistent with the purposes of that Act, and in furtherance of the national policy to preserve established railroad rightsof-way for future reactivation of rail service, to protect rail transportation corridors, and to encourage energy efficient transpor-
Sec. 9 NATIONAL TRAILS SYSTEM ACT 2–28

tation use, in the case of interim use of any established railroad

rights-of-way pursuant to donation, transfer, lease, sale, or otherwise in a manner consistent with the National Trails System Act,

if such interim use is subject to restoration or reconstruction for

railroad purposes, such interim use shall not be treated, for purposes of any law or rule of law, as an abandonment of the use of

such rights-of-way for railroad purposes. If a State, political subdivision, or qualified private organization is prepared to assume

full responsibility for management of such rights-of-way and for

any legal liability arising out of such transfer or use, and for the

payment of any and all taxes that may be levied or assessed

against such rights-of-way, then the Board shall impose such terms

and conditions as a requirement of any transfer or conveyance for

interim use in a manner consistent with this Act, and shall not

permit abandonment or discontinuance inconsistent or disruptive of

such use.

(e) Such trails may be designated and suitably marked as parts

of the nationwide system of trails by the States, their political subdivisions, or other appropriate administering agencies with the approval of the Secretary of the Interior.

RIGHTS-OF-WAY AND OTHER PROPERTIES

SEC. 9. ø16 U.S.C. 1248¿ (a) The Secretary of the Interior or

the Secretary of Agriculture as the case may be, may grant easements and rights-of-way upon, over, under, across, or along any

component of the national trails system in accordance with laws

applicable to the national park system and the national forest system, respectively: Provided, That any conditions contained in such

easements and rights-of-way shall be related to the policy and purposes of this Act.

(b) The Department of Defense, the Department of Transportation, the Surface Transportation Board, the Federal Communications Commission, the Federal Power Commission, and other Federal agencies have jurisdiction or control over or information concerning the use, abandonment, or disposition of road ways, utility

rights-of-way, or other properties which may be suitable for the

purpose of improving or expanding the national trails system shall

cooperate with the Secretary of the Interior and the Secretary of

Agriculture in order to assure, to the extent practicable, that any

such properties having values suitable for trail purposes may be

made available for such use.

(c) Commencing upon the date of enactment of this subsection,

any and all right, title, interest, and estate of the United States in

all rights-of-way of the type described in the Act of March 8, 1922

(43 U.S.C. 912), shall remain in the United States upon the abandonment or forfeiture of such rights-of-way, or portions thereof, except to the extent that any such right-of-way, or portion thereof, is

embraced within a public highway no later than one year after a

determination of abandonment or forfeiture, as provided under

such Act.

(d)(1) All rights-of-way, or portions thereof, retained by the

United States pursuant to subsection (c) which are located within

the boundaries of a conservation system unit or a National Forest

shall be added to and incorporated within such unit or National
2–29 Sec. 9 NATIONAL TRAILS SYSTEM ACT

Forest and managed in accordance with applicable provisions of

law, including this Act.

(2) All such retained rights-of-way, or portions thereof, which

are located outside the boundaries of a conservation system unit or

a National Forest but adjacent to or contiguous with any portion

of the public lands shall be managed pursuant to the Federal Land

Policy and Management Act of 1976 and other applicable law, including this section.

(3) All such retained rights-of-way, or portions thereof, which

are located outside the boundaries of a conservation system unit or

National Forest which the Secretary of the Interior determines

suitable for use as a public recreational trail or other recreational

purposes shall be managed by the Secretary for such uses, as well

as for such other uses as the Secretary determines to be appropriate pursuant to applicable laws, as long as such uses do not preclude trail use.

(e)(1) The Secretary of the Interior is authorized where appropriate to release and quitclaim to a unit of government or to another entity meeting the requirements of this subsection any and

all right, title, and interest in the surface estate of any portion of

any right-of-way to the extent any such right, title, and interest

was retained by the United States pursuant to subsection (c), if

such portion is not located within the boundaries of any conservation system unit or National Forest. Such release and quitclaim

shall be made only in response to an application therefor by a unit

of State or local government or another entity which the Secretary

of the Interior determines to be legally and financially qualified to

manage the relevant portion for public recreational purposes. Upon

receipt of such an application, the Secretary shall publish a notice

concerning such application in a newspaper of general circulation

in the area where the relevant portion is located. Such release and

quitclaim shall be on the following conditions:

(A) If such unit or entity attempts to sell, convey, or otherwise transfer such right, title, or interest or attempts to permit

the use of any part of such portion for any purpose incompatible with its use for public recreation, then any and all right,

title, and interest released and quitclaimed by the Secretary

pursuant to this subsection shall revert to the United States.

(B) Such unit or entity shall assume full responsibility and

hold the United States harmless for any legal liability which

might arise with respect to the transfer, possession, use, release, or quitclaim of such right-of-way.

(C) Notwithstanding any other provision of law, the United

States shall be under no duty to inspect such portion prior to

such release and quitclaim, and shall incur no legal liability

with respect to any hazard or any unsafe condition existing on

such portion at the time of such release and quitclaim.

(2) The Secretary is authorized to sell any portion of a rightof-way retained by the United States pursuant to subsection (c) located outside the boundaries of a conservation system unit or National Forest if any such portion is—

(A) not adjacent to or contiguous with any portion of the

public lands; or
Sec. 10 NATIONAL TRAILS SYSTEM ACT 2–30

(B) determined by the Secretary, pursuant to the disposal

criteria established by section 203 of the Federal Land Policy

and Management Act of 1976, to be suitable for sale.

Prior to conducting any such sale, the Secretary shall take appropriate steps to afford a unit of State or local government or any

other entity an opportunity to seek to obtain such portion pursuant

to paragraph (1) of this subsection.

(3) All proceeds from sales of such retained rights of way shall

be deposited into the Treasury of the United States and credited

to the Land and Water Conservation Fund as provided in section

2 of the Land and Water Conservation Fund Act of 1965.

(4) The Secretary of the Interior shall annually report to the

Congress the total proceeds from sales under paragraph (2) during

the preceding fiscal year. Such report shall be included in the

President’s annual budget submitted to the Congress.

(f) As used in this section—

(1) The term ‘‘conservation system unit’’ has the same

meaning given such term in the Alaska National Interest

Lands Conservation Act (Public Law 96–487; 94 Stat. 2371 et

seq.), except that such term shall also include units outside

Alaska.

(2) The term ‘‘public lands’’ has the same meaning given

such term in the Federal Land Policy and Management Act of

1976.

AUTHORIZATION OF APPROPRIATIONS

SEC. 10. ø16 U.S.C. 1249¿ (a)(1) There are hereby authorized

to be appropriated for the acquisition of lands or interests in lands

not more than $5,000,000 for the Appalachian National Scenic

Trail and not more than $500,000 for the Pacific Crest National

Scenic Trail. From the appropriations authorized for fiscal year

1979 and succeeding fiscal years pursuant to the Land and Water

Conservation Fund Act (78 Stat. 897), as amended, not more than

the following amounts may be expended for the acquisition of lands

and interests in lands authorized to be acquired pursuant to the

provisions of this Act:

For the Appalachian National Scenic Trail, not to exceed

$30,000,000 for fiscal year 1979, $30,000,000 for fiscal year 1980,

and $30,000,000 for fiscal year 1981, except that the difference between the foregoing amounts and the actual appropriations in any

one fiscal year shall be available for appropriation in subsequent

fiscal years.

(2) It is the express intent of the Congress that the Secretary

should substantially complete the land acquisition program necessary to insure the protection of the Appalachian Trail within

three complete fiscal years following the date of enactment of this

sentence.

(b) For the purposes of Public Law 95–42 (91 Stat. 211), the

lands and interests therein acquired pursuant to this section shall

be deemed to qualify for funding under the provisions of section 1,

clause 2, of said Act.
2–31 Sec. 11 NATIONAL TRAILS SYSTEM ACT

1Subsection (c) was amended to read as follows by section 101(b)(4) of Public Law 96–199 (94

Stat. 68). However, Public Law 96–199 did not directly amend the National Trails System Act,

but instead amended section 551(23) of the National Parks and Recreation Act of 1978 (Public

Law 95–625; 92 Stat. 3517), which had earlier amended the National Trails System Act by adding this subsection. Although this amendment technique is unorthodox, the amendment was executed without comment by the Law Revision Counsel of the House of Representatives and various commercial publications. 2 In paragraph (1), the word ‘‘The’’ before ‘‘Ice Age National Scenic Trail’’ should be lower case.

(c) 1(1) There is hereby authorized to be appropriated such

sums as may be necessary to implement the provisions of this Act

relating to the trails designated by paragraphs 5(a) (3), (4), (5), (6),

(7), (8), (9), and (10): Provided, That no such funds are authorized

to be appropriated prior to October 1, 1978: And provided further,

That notwithstanding any other provisions of this Act or any other

provisions of law, no funds may be expended by Federal agencies

for the acquisition of lands or interests in lands outside the exterior

boundaries of existing Federal areas for the Continental Divide National Scenic Trail, the North Country National Scenic Trail, The 2

Ice Age National Scenic Trail, the Oregon National Historic Trail,

the Mormon Pioneer National Historic trail, the Lewis and Clark

National Historic Trail, and the Iditarod National Historic Trail,

except that funds may be expended for the acquisition of lands or

interests therein for the purpose of providing for one trail interpretation site, as described in section 7(c), along with such trail in

each State crossed by the trail.

(2) Except as otherwise provided in this Act, there is authorized to be appropriated such sums as may be necessary to implement the provisions of this Act relating to the trails designated by

section 5(a). Not more than $500,000 may be appropriated for the

purposes of acquisition of land and interests therein for the trail

designated by section 5(a)(12) of this Act, and not more than

$2,000,000 may be appropriated for the purposes of the development of such trail. The administering agency for the trail shall encourage volunteer trail groups to participate in the development of

the trail.

VOLUNTEER TRAILS ASSISTANCE

SEC. 11. ø16 U.S.C. 1250¿ (a)(1) In addition to the cooperative

agreement and other authorities contained in this Act, the Secretary of the Interior, the Secretary of Agriculture, and the head

of any Federal agency administering Federal lands, are authorized

to encourage volunteers and volunteer organizations to plan, develop, maintain, and manage, where appropriate, trails throughout

the Nation.

(2) Wherever appropriate in furtherance of the purposes of this

Act, the Secretaries are authorized and encouraged to utilize the

Volunteers in the Parks Act of 1969, the Volunteers in the Forests

Act of 1972, and section 6 of the Land and Water Conservation

Fund Act of 1965 (relating to the development of Statewide Comprehensive Outdoor Recreation Plans).

(b) Each Secretary or the head of any Federal land managing

agency may assist volunteers and volunteer organizations in planning, developing, maintaining, and managing trails. Volunteer

work may include, but need not be limited to— (1) planning, developing, maintaining, or managing (A)

trails which are components of the national trails system, (B)
Sec. 12 NATIONAL TRAILS SYSTEM ACT 2–32

trails which, if so developed and maintained, could qualify for

designation as components of the national trails system; or

(2) operating programs to organize and supervise volunteer

trail building efforts with respect to the trails referred to in

paragraph (1), conducting trail-related research projects, or

providing education and training to volunteers on methods of

trails planning, construction, and maintenance.

(c) The appropriate Secretary or the head of any Federal land

managing agency may utilize and make available Federal facilities,

equipment, tools, and technical assistance to volunteers and volunteer organizations, subject such limitations and restrictions as the

appropriate Secretary or the head of any Federal land managing

agency deems necessary or desirable.

SEC. 12. ø16 U.S.C. 1251¿ As used in this Act:

(1) The term ‘‘high potential historic sites’’ means those

historic sites related to the route, or sites in close proximity

thereto, which provide opportunity to interpret the historic significance of the trail during the period of its major use. Criteria for consideration as high potential sites include historic

significance, presence of visible historic remnants, scenic quality, and relative freedom from intrusion.

(2) The term ‘‘high potential route segments’’ means those

segments of a trail which would afford high quality recreation

experience in a portion of the route having greater than average scenic values or affording an opportunity to vicariously

share the experience of the original users of a historic route.

(3) The term ‘‘State’’ means each of the several States of

the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American

Samoa, the Trust Territory of the Pacific Islands, the Northern

Mariana Islands, and any other territory or possession of the

United States.

(4) The term ‘‘without expense to the United States’’

means that no funds may be expended by Federal agencies for

the development of trail related facilities or for the acquisition

of lands or interests in lands outside the exterior boundaries

of Federal areas. For the purposes of the preceding sentence,

amounts made available to any State or political subdivision

under the Land and Water Conservation Fund Act of 1965 or

any other provision of law shall not be treated as an expense

to the United States.
2–33

B. NATIONAL RECREATIONAL TRAILS ADVISORY

COMMITTEE

Symms National Recreational Trails Act of 1991

(part B of title I of the Intermodal Surface Transportation Efficiency Act of 1991

(Public Law 102–240; Approved December 18, 1991))

PART B—NATIONAL RECREATIONAL TRAILS FUND ACT

SEC. 1301. ø16 U.S.C. 1261 note¿ SHORT TITLE.

This part may be cited as the ‘‘Symms National Recreational

Trails Act of 1991’’.

SEC. 1302. ø16 U.S.C. 1261¿ NATIONAL RECREATIONAL TRAILS FUNDING

PROGRAM.

[Repealed by section 1112(c) of Public Law 105–178; 112 Stat.

151.]

SEC. 1303. ø16 U.S.C. 1262¿ NATIONAL RECREATIONAL TRAILS ADVISORY COMMITTEE.

(a) ESTABLISHMENT.—There is established the National Recreational Trails Advisory Committee.

(b) MEMBERS.—There shall be 12 members of the advisory committee, consisting of—

(1) 8 members appointed by the Secretary from nominations

submitted by recreational trail user organizations, one each

representing the following recreational trail uses:

(A) hiking,

(B) cross-country skiing,

(C) off-highway motorcycling,

(D) snowmobiling,

(E) horseback riding,

(F) all-terrain vehicle riding,

(G) bicycling, and

(H) four-wheel driving;

(2) 1 member appointed by the Secretary representing individuals with disabilities;

(3) an appropriate official of government with a background

in science or natural resources management, including any official of State or local government, designated by the Secretary;

(4) 1 member appointed by the Secretary from nominations

submitted by water trail user organizations; and

(5) 1 member appointed by the Secretary from nominations

submitted by hunting and fishing enthusiast organizations.

(c) CHAIRMAN.—The Chair of the advisory committee shall be the

government official referenced in subsection (b)(3), who shall serve

as a non-voting member.
Sec. 1303 TRAILS ADVISORY COMMITTEE 2–34

(d) SUPPORT FOR COMMITTEE ACTION.—Any action, recommendation, or policy of the advisory committee must be supported by at

least five of the members appointed under subsection (b)(1).

(e) TERMS.—Members of the advisory committee appointed by the

Secretary shall be appointed for terms of three years, except that

the members filling five of the eleven positions shall be initially appointed for terms of two years, with subsequent appointments to

those positions extending for terms of three years.

(f) DUTIES.—The advisory committee shall meet at least twice annually to—

(1) review utilization of allocated moneys by States;

(2) establish and review criteria for trail-side and trail-head

facilities that qualify for funding under this part; and

(3) make recommendations to the Secretary for changes in

Federal policy to advance the purposes of this part.

(g) ANNUAL REPORT.—The advisory committee shall present to

the Secretary an annual report on its activities.

(h) REIMBURSEMENT FOR EXPENSES.—Nongovernmental members

of the advisory committee shall serve without pay, but, to the extent funds are available pursuant to section 1302(d)(1)(B), shall be

entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties.

(i) REPORT TO CONGRESS.—Not later than 4 years after the date

of the enactment of this Act, the Secretary shall prepare and submit to the Committee on Environment and Public Works of the

Senate, and the Committee on Transportation and Infrastructure of

the House of Representatives, a study which summarizes the annual reports of the National Recreational Trails Advisory Committee, describes the allocation and utilization of moneys under

this part, and contains recommendations for changes in Federal

policy to advance the purposes of this part.

(j) TERMINATION.—The advisory committee established by this

section shall terminate on September 30, 2000.
2–35

C. LAWS APPLICABLE TO SPECIFIC TRAILS OF THE

NATIONAL TRAILS SYSTEM

New Jersey Coastal Heritage Trail Route

(Public Law 100–515; Approved October 20, 1988; 102 Stat. 2563; 16 U.S.C. 1244

note)

SECTION 1. DESIGNATION OF NEW JERSEY COASTAL HERITAGE TRAIL

ROUTE.

In order to provide for public appreciation, education, understanding, and enjoyment, through a coordinated interpretive program of certain nationally significant natural and cultural sites associated with the coastal area of the State of New Jersey that are

accessible generally by public road, the Secretary of the Interior

(hereinafter referred to as 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 map or other description thereof in the

Federal Register, a vehicular tour route along existing public roads

linking such natural and cultural sites in New Jersey. Such route

shall be known as the New Jersey Coastal Heritage Trail Route

(hereinafter referred to as the ‘‘route’’).

SEC. 2. LOCATION; ADDITIONAL SEGMENTS.

The route shall follow public roads, which are generally located

to the east of the Garden State Parkway, linking the New Jersey

portion of Gateway National Recreation Area, known generally as

the Sandy Hook Unit, with the national historic landmark in Cape

May and that area north and west of Cape May in the vicinity of

Deepwater, New Jersey. The Secretary may, in the manner set

forth in section 1, designate additional segments of the route from

time to time as appropriate to link the foregoing sites with other

natural and cultural sites when such sites are designated and protected by Federal, State, or local governments, or other public or

private entities.

SEC. 3. INVENTORY AND PLAN.

(a) PREPARATION.—Within one year after the date of availability

of funds, the Secretary shall prepare a comprehensive inventory of

sites along the route and general plan which shall include but not

be limited to the location and description of each of the following:

(1) Significant fish and wildlife habitat and other natural

areas.

(2) Unique geographic or geologic features and significant

landforms.

(3) Important cultural resources, including historical and

archeological resources.
NEW JERSEY COASTAL HERITAGE TRAIL ROUTE 2–36

(4) Migration routes for raptors and other migratory birds,

marine mammals, and other wildlife.

(b) INTERPRETIVE PROGRAM.—The general plan shall include proposals for a comprehensive interpretive program of the area and it

shall identify alternatives for appropriate levels of protection of significant resources.

(c) TRANSMISSION TO CONGRESS.—The Secretary shall transmit

the comprehensive inventory and the general plan to the Committee on Energy and Natural Resources of the United States Senate and to the Committee on Interior and Insular Affairs of the

United States House of Representatives.

(d) CONSULTATION; PUBLIC PARTICIPATION.—The inventory and

plan shall be prepared in consultation with other Federal agencies,

the State of New Jersey, units of local government, and public and

private entities. In addition, the Secretary shall ensure that there

are ample opportunities for public involvement and participation in

the preparation of the inventory and plan.

SEC. 4. PUBLIC APPRECIATION.

With respect to sites linked by segments of the route which are

administered by other Federal, State, local nonprofit or private entities, the Secretary is authorized, pursuant to cooperative agreements with such entities, to provide technical assistance in the development of interpretive devices and materials and conservation

methods regarding the resources enumerated in section 3 in order

to contribute to public appreciation, understanding and conservation of the natural and cultural resources of the sites along the

route. The Secretary, in cooperation with State and local governments, and other public and private entities, shall prepare and distribute informational material for the public appreciation of sites

along the route.

SEC. 5. MARKERS.

The route is to 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

route, the Secretary may erect thereon signs and other informational devices displaying the New Jersey Coastal Heritage Trail

Route marker. The Secretary is authorized to accept the donation

of suitable signs and other informational devices for placement at

appropriate locations.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

(a) There are authorized to be appropriated to the Secretary not

more than $250,000 to carry out the purposes of this Act. No funds

made available under this Act shall be used for the operation,

maintenance, or repair of any road or related structure.

(b)(1) Notwithstanding the provisions of subsection (a), there are

hereby authorized to be appropriated to the Secretary to carry out

the purposes of this Act $4,000,000, which is in addition to any

sums appropriated for such purposes for use during fiscal years

ending on or before September 30, 1993.

(2) Funds appropriated pursuant to this subsection to carry out

the purposes of this Act shall be used solely for technical assistance

and the design and fabrication of interpretive materials, devices

and signs. In addition to the limitation on funds contained in subsection (a), no funds made available under this subsection shall be
2–37 NEW JERSEY COASTAL HERITAGE TRAIL ROUTE

used for operation, maintenance, repair or construction except for

construction of interpretive exhibits.

(3) The Federal share of any project carried out with funds appropriated pursuant to this subsection may not exceed 50 percent

of the total cost for that project and shall be provided on a matching basis. The non-Federal share of such cost may be in the form

of cash, materials or in-kind services fairly valued by the Secretary.

(c) The authorities provided to the Secretary under this Act

shall terminate 10 years after the date of enactment of this subsection [date of enactment-May 4, 1994].

SEC. 7. REVITALIZATION OF OFFICERS ROW, SANDY HOOK, NEW JERSEY.

(a) AGREEMENT WITH STATE.—To further the revitalization, rehabilitation, and utilization of the area known as ‘‘Officers Row’’ located within the Sandy Hook Unit of the Gateway National Recreation Area, the Secretary of the Interior, or his designee, shall

enter into an agreement to permit the State of New Jersey to use

and occupy the property depicted on the map numbered 646/80,003,

entitled ‘‘Marine Science Laboratory Land Assignment’’, dated September 1988, for the express purpose of constructing, developing,

and operating, without cost to the National Park Service, a marine

sciences laboratory to be known as the ‘‘James J. Howard Marine

Sciences Laboratory’’. The design of the new facility, the rehabilitation of Building 74, the design and location of landscaping modifications thereto, shall be reviewed by, and subject to the approval

of, the Director of the National Park Service or his designee using

the standards for rehabilitation and National Park Service guidelines and policies approved by the Secretary of the Interior.

(b) REVERSION.—If the improvements described in subsection (a)

are not used as a marine sciences laboratory by the State of New

Jersey, all use of the property and the improvements thereon shall

revert, without consideration, to the National Park Service.
2–38

Lewis and Clark National Historic Trail

(Public Law 100–552; Approved October 28, 1988; 102 Stat. 2766; 16 U.S.C. 1244

note)

SECTION 1. FINDINGS.

The Congress finds that— (1) the site at which the historic Lewis and Clark Expedition

commenced in St. Louis, Missouri, and the site at which the

expedition terminated at Fort Clatsop in Oregon have been recognized as sites of historic significance on the Lewis and Clark

National Historic Trail; and

(2) the historic significance of the travels of Lewis and Clark

on the High Plains and their portage around the Great Falls

of the Missouri requires additional recognition and interpretation.

SEC. 2. ESTABLISHMENT.

(a) LEWIS AND CLARK NATIONAL HISTORIC TRAIL INTERPRETIVE

CENTER.—That to further the public’s understanding and provide

appropriate interpretation of the scope and accomplishments of the

Lewis and Clark Expedition, within the State of Montana and

along the Lewis and Clark National Historic Trail, the Secretary

of Agriculture (hereinafter in this Act referred to as the ‘‘Secretary’’) is authorized to establish the Lewis and Clark National

Historic Trail Interpretive Center (hereinafter in this Act referred

to as the ‘‘Center’’). The Secretary shall establish the Center upon

the transfer by the State of Montana to the United States of the

lands described in subsection (b) and such additional easements

and other rights as the Secretary deems necessary to ensure adequate public access to the Center.

(b) MAP.—The Center shall consist of those lands, located in the

vicinity of Great Falls, Montana, donated by the State of Montana,

not to exceed fifty acres, as generally depicted on the map entitled

‘‘Boundary Map, Proposed Lewis and Clark National Historic Trail

Interpretive Center’’, dated June 1980. The map shall be on file

and available for public inspection in the offices of the Chief,

United States Forest Service, Department of Agriculture, and the

State of Montana Department of Fish, Wildlife, and Parks.

(c) REVERSION OF LANDS.—Any lands or portions of lands granted

to the Secretary by the State of Montana for use in connection with

the Center shall revert to the State of Montana if, at any time, the

Secretary uses such lands for any purpose other than those

authorized under this Act.

SEC. 3. ADMINISTRATION.

(a) AUTHORIZATION.—The Secretary shall administer the Center

in accordance with this Act and the laws, rules, and regulations applicable to the national forests in such manner as will best provide
2–39 LEWIS AND CLARK NATIONAL HISTORIC TRAIL

for the interpretation of the scope and accomplishments of the

Lewis and Clark Expedition, along the Lewis and Clark National

Historic Trail within the State of Montana. In no event shall the

Center be used for purposes other than those provided for by this

Act.

(b) PLAN.—Within two years after the establishment of the Center, the Secretary shall prepare and 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

plan for the development and interpretation of the Center. Such

plan shall include but not be limited to provisions for—

(1) interpretation to the public of available historic resources,

documents, and artifacts associated with the Lewis and Clark

Expedition, and

(2) development of facilities for public use and enjoyment of

the area.

(c) DONATIONS.—Notwithstanding any other provision of law, the

Secretary may accept 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 Act.

(d) COOPERATIVE AGREEMENTS.—In administering the Center,

the Secretary is authorized to enter into cooperative agreements

with the State of Montana, 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 firefighting departments or agencies. The Secretary is also authorized to enter into cooperative agreements with

other Federal agencies, and with State or local public agencies for

the development and operation of facilities and services in furtherance of the purposes of this Act. The Secretary is encouraged to develop, in conjunction with the State of Montana, a cooperative management plan for the entire Giant Springs Park which will enhance

the general public’s opportunity to use and enjoy the Center as well

as the nearby historical sites, and other State and Federal lands.

(e) COOPERATING ASSOCIATION.—The Secretary is authorized and

directed to enter into an agreement with the Portage Route chapter

of the Lewis and Clark Heritage Foundation or a similarly affiliated organization to provide educational and interpretive materials

to the public that highlight the travels of Lewis and Clark, High

Plains Indians, explorers, or other historical features of the area,

that are compatible with the purposes of the Center. Such agreement shall include but not be limited to each of the following:

(1) Provisions requiring the Foundation to obtain and maintain its status as a nonprofit tax-exempt organization.

(2) A provision permitting the Secretary to have access to the

documents and records of the Foundation that involve the Center.

(3) The Foundation shall agree to return to the Center the

profits earned from the sale of educational and interpretive

materials.

(4) Minimum operating requirements and procedures for the

sale of educational and interpretive materials at the Center.
LEWIS AND CLARK NATIONAL HISTORIC TRAIL 2–40

(5) A procedure to settle disagreements between the Foundation and the Secretary.

(6) Reasonable rent and maintenance costs for the use of an

area within the Center.

(7) Other items of mutual agreement.

The Secretary may terminate the agreement for good cause.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Except as provided in subsection (b), there is

hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, including such sums

as may be necessary for the planning and designing of, and site

preparation for, the Center and associated structures and improvements.

(b) CONSTRUCTION OF INTERPRETIVE CENTER.—There is hereby

authorized to be appropriated not more than $3,500,000 for the

construction of the Lewis and Clark National Historic Trail Interpretive Center and associated structures and improvements.

(c) Any new spending authority described in subsection (c)(2)(A)

of section 401 of the Congressional Budget Act of 1974 which is

provided under this Act shall be effective for any fiscal year only

to such extent or in such amounts as are provided in appropriation

Acts.

SEC. 5. MISSOURI RIVER WILD AND SCENIC RIVER.

[Omitted—Amendment]
2–41

Southwestern Pennsylvania Industrial Heritage Route

(title II of Public Law 100–698; Approved November 19, 1988; 102 Stat. 4622; 16

U.S.C. 1244 note)

TITLE II—SOUTHWESTERN PENNSYLVANIA INDUSTRIAL HERITAGE ROUTE

SEC. 201. DESIGNATION OF ROUTE.

(a) DESIGNATION.—In order to provide for public appreciation,

education, understanding, and enjoyment of certain nationally and

regionally significant sites in southwestern Pennsylvania which are

accessible by public road, the Secretary of the Interior (hereinafter

referred to as the ‘‘Secretary’’), with the concurrence of the agency

having jurisdiction over such roads, shall designate, by publication

of a description thereof in the Federal Register, a vehicular tour

route along existing public roads linking historic, cultural, natural,

scenic, and recreational sites in southwestern Pennsylvania. Such

route shall be known as the Southwestern Pennsylvania Industrial

Heritage Route (hereinafter referred to as the ‘‘route’’), and shall be

marked with an appropriate marker to guide members of the visiting public. With the concurrence of the State or local entity having jurisdiction over such roads so designated, the Secretary may

erect thereon signs and other informational devices displaying the

Southwestern Pennsylvania Industrial Heritage Route marker. The

Secretary is authorized to accept the donation of signs and other

informational devices for placement at appropriate locations along

the route.

(b) INITIAL ROUTE.—The route as initially designated shall include public roads linking Allegheny Portage Railroad National

Historic Site, Johnstown Flood National Memorial, Historic

Saltsburg, Eliza and Mt. Etna Furnaces, the Charles Schwab Estate, Friendship Hill National Historic Site, Fort Necessity National Battlefield, Altoona Railroad Shops, Altoona Railroader’s Memorial Museum, Cambria Iron Works, Johnstown Inclined Plane,

Johnstown Flood Museum, Conemaugh Gap, East Broadtop Railroad National Historic Landmark, Gallitzin Tunnels, Horseshoe

Curve National Historic Landmark, Fort Ligonier, Bushy Run Battlefield, Seldom Seen Valley Mine, and Somerset Historical Center.

(c) ADDITIONAL SEGMENTS.—The Secretary may, in the manner

set forth in section 201 of this title, designate additional segments

of the route from time to time as appropriate to link the sites referred to in subsection (b) with other historic, cultural, natural, scenic, and recreational sites when such sites are designated and protected by Federal, State and local governments, Indian tribes, or

nonprofit entities.
SOUTHWESTERN PENNSYLVANIA INDUSTRIAL HERITAGE ROUTE 2–42

SEC. 202. TECHNICAL ASSISTANCE.

With respect to sites linked by segments of the route 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 historic, cultural, natural, scenic, and recreational

sites along the route.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

There is hereby authorized to be appropriated $150,000 to the

Secretary to carry out the purposes of this title. No funds made

available under this title shall be used for the operation, maintenance, or repair of any road or related structure.
2–43

Trails Interpretive Center-Council Bluff

(Public Law 101–191; Approved November 29, 1989; 103 Stat. 1697; 16 U.S.C. 1244

note)

SECTION 1. FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress finds that—

(1) the nineteenth century American westward movement

was an important cultural event in shaping the postcolonial

history of the United States;

(2) the nineteenth century American westward movement

consisted of journeys along a system of trails across the American continent by pioneers, explorers, religious groups, and scientists; and

(3) additional recognition and interpretation is appropriate

in light of the national scope of the nineteenth century American westward movement.

(b) PURPOSES.—The purposes of this Act are—

(1) to recognize the system of western trails established in

furtherance of the National Trails System Act because of their

national historic and cultural significance; and

(2) to provide the public with an interpretive facility devoted

to the vital role of the western trails in the development of the

United States.

SEC. 2. AUTHORIZATION FOR THE DEVELOPMENT OF A TRAILS INTERPRETATION CENTER.

(a) AUTHORIZATION.—In furtherance of the purposes of section

7(c) of the National Trails System Act (16 U.S.C. 1246(c)), the Secretary of the Interior (hereinafter referred to as the ‘‘Secretary’’) is

authorized to provide for a trails interpretation center (hereinafter

referred to as the ‘‘center’’) in the city of Council Bluffs, Iowa, for

the purpose of interpreting the history of development and use in

the State of Iowa and the adjacent region of the Lewis and Clark

National Historic Trail, the Mormon Pioneer National Historic

Trail, and the Oregon National Historic Trail.

(b) PLAN AND DESIGN.—(1) Within 18 months after the date of

the enactment of this Act, the Secretary, after consultation with

the Governor of Iowa and in cooperation with such other public,

municipal, and private entities as may be necessary and appropriate, shall complete a plan and design for the center, including

the following:

(A) a detailed description of the design of the facility;

(B) a description of the site;

(C) the method of acquisition;

(D) the estimated cost of acquisition, construction, operation

and maintenance; and
Sec. 3 TRAILS INTERPRETIVE CENTER-COUNCIL BLUFF 2–44

(E) the manner and extent to which non-Federal entities

shall participate in the acquisition, construction, operation,

and maintenance of the center.

(2) In the development of the plan and design for the center the

Secretary shall take into consideration the report and plans prepared by The Western Historic Trails, Inc., and shall provide an

opportunity for public comment.

(3) Upon completion, the Secretary shall submit the plan to the

Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources

of the Senate.

(c) IMPLEMENTATION.—In order to implement the plan and design

under subsection (b) of this section, the Secretary is authorized to

acquire lands and interests in lands by donation, purchase with donated or appropriated funds, or exchange, for the construction of

the center authorized in subsection (a). Federal funds to carry out

this section may only be expended on a two-for-one matching basis

with non-Federal funds, services, materials, or lands, fairly valued

as determined by the Secretary, or any combination thereof.

(d) AGREEMENT FOR THE OPERATION AND MAINTENANCE OF CENTER.—Before undertaking the construction of the center, the Secretary shall enter into a binding agreement with a qualified nonFederal entity for conveyance by deed or lease from the Secretary

of any structure or property acquired and developed as provided for

by this Act. Any such agreement shall provide that—

(1) the non-Federal entity agree to operate and maintain the

center and make no major alteration of the structure or

grounds without the express written authorization of the Secretary;

(2) a plan of operations shall be submitted that is satisfactory to the Secretary;

(3) the Secretary shall have access to documents relating to

the operation and maintenance of the center;

(4) the Secretary shall have the right of access to the center;

and

(5) the United States shall be held harmless from all events

arising from the operation and maintenance of the center.

(e) COOPERATIVE AGREEMENTS FOR TECHNICAL ASSISTANCE.—The

Secretary may enter into cooperative agreements with the State of

Iowa, the city of Council Bluffs, and other public or private entities

to provide technical assistance with respect to the center.

(f) SATISFACTION OF ECONOMIC DEVELOPMENT ADMINISTRATION

RESTRICTIONS.—Any restrictions, covenants, reversions, limitations,

or any other conditions imposed by the Economic Development Administration relating to or affecting the use, transfer, or other disposition of any land which is conveyed to the Secretary for the purpose of developing the center under this section shall be extinguished upon the acceptance of such donation by the Secretary.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated not more than $8,400,000

to carry out this Act.
2–45

Pony Express National Historic Trail

(Public Law 102–328; Approved August 3, 1992; 106 Stat. 845; 16 U.S.C. 1244 note)

SECTION 1. DESIGNATION OF TRAILS.

[Designated the California National Historic Trail and the Pony

Express National Historic Trail. See section 5(a) of the National

Trails System Act (16 U.S.C. 1244(a)).]

SEC. 2. STUDY PROVISIONS.

The Secretary of the Interior (hereinafter referred to as the Secretary) shall undertake a study of the land and water route used

to carry mail from Sacramento to San Francisco, California, to determine the feasibility and suitability of designation of such route

as a component of the Pony Express National Historic Trail designated by section 1 of this Act. Upon completion of the study, if

the Secretary determines such route is a feasible and suitable addition to the Pony Express National Historic Trail, the Secretary

shall designate the route as a component of the Pony Express National Historic Trail. The Secretary shall publish notice of such designation in the Federal Register and shall submit the study along

with his findings 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.
2–46

National Historic Trails Interpretive Center in Casper,

Wyoming

(Public Law 105–290; Approved October 27, 1998; 112 Stat. 2782; 16 U.S.C. 1244

note)

SECTION 1. FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress finds and declares the following:

(1) The City of Casper, Wyoming, is nationally significant

as the only geographic location in the western United States

where four congressionally recognized historic trails (the Oregon Trail, the Mormon Trail, the California Trail, and the

Pony Express Trail), the Bridger Trail, the Bozeman Trail, and

many Indian routes converged.

(2) The historic trails that passed through the Casper area

are a distinctive part of the national character and possess important historical and cultural values representing themes of

migration, settlement, transportation, and commerce that

shaped the landscape of the West.

(3) The Bureau of Land Management has not yet established a historic trails interpretive center in Wyoming or in

any adjacent State to educate and focus national attention on

the history of the mid-19th century immigrant trails that

crossed public lands in the Intermountain West.

(4) At the invitation of the Bureau of Land Management,

the City of Casper and the National Historic Trails Foundation, Inc. (a nonprofit corporation established under the laws

of the State of Wyoming) entered into a memorandum of understanding in 1992, and have since signed an assistance

agreement in 1993 and a cooperative agreement in 1997, to

create, manage, and sustain a National Historic Trails Interpretive Center to be located in Casper, Wyoming, to professionally interpret the historic trails in the Casper area for the

benefit of the public.

(5) The National Historic Trails Interpretive Center authorized by this Act is consistent with the purposes and objectives of the National Trails System Act (16 U.S.C. 1241 et

seq.), which directs the Secretary of the Interior to protect, interpret, and manage the remnants of historic trails on public

lands.

(6) The State of Wyoming effectively joined the partnership

to establish the National Historic Trails Interpretive Center

through a legislative allocation of supporting funds, and the

citizens of the City of Casper have increased local taxes to

meet their financial obligations under the assistance agreement and the cooperative agreement referred to in paragraph

(4).
2–47 Sec. 2 NATIONAL HISTORIC TRAILS INTERPRETIVE CENTER

(7) The National Historic Trails Foundation, Inc. has secured most of the $5,000,000 of non-Federal funding pledged

by State and local governments and private interests pursuant

to the cooperative agreement referred to in paragraph (4).

(8) The Bureau of Land Management has completed the

engineering and design phase of the National Historic Trails

Interpretive Center, and the National Historic Trails Foundation, Inc. is ready for Federal financial and technical assistance

to construct the Center pursuant to the cooperative agreement

referred to in paragraph (4).

(b) PURPOSES.—The purposes of this Act are the following:

(1) To recognize the importance of the historic trails that

passed through the Casper, Wyoming, area as a distinctive aspect of American heritage worthy of interpretation and preservation.

(2) To assist the City of Casper, Wyoming, and the National Historic Trails Foundation, Inc. in establishing the National Historic Trails Interpretive Center to memorialize and

interpret the significant role of those historic trails in the history of the United States.

(3) To highlight and showcase the Bureau of Land Management’s stewardship of public lands in Wyoming and the

West.

SEC. 2. NATIONAL HISTORIC TRAILS INTERPRETIVE CENTER.

(a) ESTABLISHMENT.—The Secretary of the Interior, acting

through the Director of the Bureau of Land Management (in this

section referred to as the ‘‘Secretary’’), shall establish in Casper,

Wyoming, a center for the interpretation of the historic trails in the

vicinity of Casper, including the Oregon Trail, the Mormon Trail,

the California Trail, and the Pony Express Trail, the Bridger Trail,

the Bozeman Trail, and various Indian routes. The Center shall be

known as the National Historic Trails Interpretive Center (in this

section referred to as the ‘‘Center’’).

(b) FACILITIES.—The Secretary, subject to the availability of appropriations, shall construct, operate, and maintain facilities for

the Center—

(1) on land provided by the City of Casper, Wyoming;

(2) in cooperation with the City of Casper and the National

Historic Trails Interpretive Center Foundation, Inc. (a nonprofit corporation established under the laws of the State of

Wyoming); and

(3) in accordance with—

(A) the Memorandum of Understanding entered into

on March 4, 1993, by the city, the foundation, and the Wyoming State Director of the Bureau of Land Management;

and

(B) the cooperative agreement between the foundation

and the Wyoming State Director of the Bureau of Land

Management, numbered K910A970020.

(c) DONATIONS.—Notwithstanding any other provision of law,

the Secretary may accept, retain, and expend donations of funds,

property, or services from individuals, foundations, corporations, or
Sec. 2 NATIONAL HISTORIC TRAILS INTERPRETIVE CENTER 2–48

public entities for the purpose of development and operation of the

Center.

(d) ENTRANCE FEE.—Notwithstanding section 4 of the Land

and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a), the

Secretary may—

(1) collect an entrance fee from visitors to the Center; and

(2) use amounts received by the United States from that

fee for expenses of operation of the Center.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary $5,000,000 to carry out this section.
2–49

California Trail Interpretive Act

(Title I of Public Law 105–577; Approved December 28, 2000; 114 Stat. 3068; 16

U.S.C. 1244 note)

TITLE I—CALIFORNIA TRAIL

INTERPRETIVE CENTER

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘California Trail Interpretive

Act’’.

SEC. 102. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that—

(1) the nineteenth-century westward movement in the

United States over the California National Historic Trail,

which occurred from 1840 until the completion of the transcontinental railroad in 1869, was an important cultural and

historical event in—

(A) the development of the western land of the United

States; and

(B) the prevention of colonization of the west coast by

Russia and the British Empire;

(2) the movement over the California Trail was completed

by over 300,000 settlers, many of whom left records or stories

of their journeys; and

(3) additional recognition and interpretation of the movement over the California Trail is appropriate in light of—

(A) the national scope of nineteenth-century westward

movement in the United States; and

(B) the strong interest expressed by people of the

United States in understanding their history and heritage.

(b) PURPOSES.—The purposes of this title are—

(1) to recognize the California Trail, including the

Hastings Cutoff and the trail of the ill-fated Donner-Reed

Party, for its national, historical, and cultural significance; and

(2) to provide the public with an interpretive facility devoted to the vital role of trails in the West in the development

of the United States.

SEC. 103. DEFINITIONS.

In this title:

(1) CALIFORNIA TRAIL.—The term ‘‘California Trail’’ means

the California National Historic Trail, established under section 5(a)(18) of the National Trails System Act (16 U.S.C.

1244(a)(18)).

(2) CENTER.—The term ‘‘Center’’ means the California

Trail Interpretive Center established under section 104(a).
Sec. 104 CALIFORNIA TRAIL INTERPRETIVE CENTER 2–50

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

(4) STATE.—The term ‘‘State’’ means the State of Nevada.

SEC. 104. CALIFORNIA TRAIL INTERPRETIVE CENTER.

(a) ESTABLISHMENT.—

(1) IN GENERAL.—In furtherance of the purposes of section

7(c) of the National Trails System Act (16 U.S.C. 1246(c)), the

Secretary may establish an interpretation center to be known

as the ‘‘California Trail Interpretive Center’’, near the city of

Elko, Nevada.

(2) PURPOSE.—The Center shall be established for the purpose of interpreting the history of development and use of the

California Trail in the settling of the West.

(b) MASTER PLAN STUDY.—To carry out subsection (a), the Secretary shall—

(1) consider the findings of the master plan study for the

California Trail Interpretive Center in Elko, Nevada, as authorized by page 15 of Senate Report 106–99; and

(2) initiate a plan for the development of the Center that

includes—

(A) a detailed description of the design of the Center;

(B) a description of the site on which the Center is to

be located;

(C) a description of the method and estimated cost of

acquisition of the site on which the Center is to be located;

(D) the estimated cost of construction of the Center;

(E) the cost of operation and maintenance of the Center; and

(F) a description of the manner and extent to which

non-Federal entities shall participate in the acquisition

and construction of the Center.

(c) IMPLEMENTATION.—To carry out subsection (a), the Secretary may—

(1) acquire land and interests in land for the construction

of the Center by—

(A) donation;

(B) purchase with donated or appropriated funds; or

(C) exchange;

(2) provide for local review of and input concerning the development and operation of the Center by the Advisory Board

for the National Historic California Emigrant Trails Interpretive Center of the city of Elko, Nevada;

(3) periodically prepare a budget and funding request that

allows a Federal agency to carry out the maintenance and operation of the Center;

(4) enter into a cooperative agreement with—

(A) the State, to provide assistance in—

(i) removal of snow from roads;

(ii) rescue, firefighting, and law enforcement services; and
2–51 Sec. 105 CALIFORNIA TRAIL INTERPRETIVE CENTER

(iii) coordination of activities of nearby law enforcement and firefighting departments or agencies;

and

(B) a Federal, State, or local agency to develop or operate facilities and services to carry out this title; and

(5) notwithstanding any other provision of law, accept donations of funds, property, or services from an individual, foundation, corporation, or public entity to provide a service or facility that is consistent with this title, as determined by the

Secretary, including 1-time contributions for the Center (to be

payable during construction funding periods for the Center

after the date of enactment of this Act) from—

(A) the State, in the amount of $3,000,000;

(B) Elko County, Nevada, in the amount of $1,000,000;

and

(C) the city of Elko, Nevada, in the amount of

$2,000,000.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this title

$12,000,000.
3–1

3. ADMINISTRATION OF NATIONAL PARK SYSTEM

[As Amended Through Public Law 106–580, December 31, 2000]

3–3

1 In section 2, the ‘‘Hot Springs Reservation’’ is now known as ‘‘Hot Spring National Park’’.

See section 1 of the Act of March 4, 1921 (41 Stat. 1407).

A. ACT OF AUGUST 25, 1916

(POPULARLY KNOWN AS THE NATIONAL PARK SERVICE ORGANIC

ACT)

(39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4)

CHAP. 408.—AN ACT To establish a National Park Service, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, ø16 U.S.C. 1¿

That there is hereby 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 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. There shall

also be appointed by the Secretary the following assistants and

other employees at the salaries designated: One assistant director,

at $2,500 per annum; one chief clerk, at $2,000 per annum; one

draftsman, at $1,800 per annum; one messenger, at $600 per

annum; and, in addition thereto, such other employees as the Secretary of the Interior shall deem necessary: Provided, That not

more than $8,100 annually shall be expended for salaries of experts, assistants, and employees within the District of Columbia

not herein specifically enumerated unless previously authorized by

law. The service thus established shall promote and regulate the

use of the Federal areas known as national parks, monuments, and

reservations hereinafter specified 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.

SEC. 2. ø16 U.S.C. 2¿ That 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 are now under the jurisdiction of the Department of

the Interior, and of the Hot Springs Reservation 1 in the State of
Sec. 3 A. ACT OF AUGUST 25, 1916 3–4

1So in law. Should probably be ‘‘No natural’’ without the comma. 2The law referred to in section 4 is classified at 16 U.S.C. 79.

Arkansas, and of such other national parks and reservations of like

character as may be hereafter created by Congress: Provided, That

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.

SEC. 3. ø16 U.S.C. 3¿ That 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 Act 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 reservation. 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 live stock 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.

SEC. 4. ø16 U.S.C. 4¿ That nothing in this Act contained shall

affect or modify the provisions of the Act approved February fifteenth, nineteen hundred and one, entitled ‘‘An Act relating to

rights of way through certain parks, reservations, and other public

lands.’’ 2
3–5

B. PUBLIC LAW 91–383

(POPULARLY KNOWN AS THE NATIONAL PARK SYSTEM GENERAL

AUTHORITIES ACT)

(Act of August 18, 1970; 84 Stat. 825; 16 U.S.C. 1a–1 through 1a–7a)

AN ACT To improve the administration of the national park system by the Secretary of the Interior, and to clarify the authorities applicable to the system, and

for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, ø16 U.S.C. 1a–1¿

That Congress declares that the national park system, which began

with establishment of Yellowstone National Park in 1872, has since

grown to include superlative natural, historic, and recreation areas

in every major region of the United States, its territories and island possessions; that these areas, though distinct in character, are

united through their inter-related purposes and resources into one

national park system as cumulative expressions of a single national

heritage; that, individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in

one national park system preserved and managed for the benefit

and inspiration of all the people of the United States; and that it

is the purpose of this Act to include all such areas in the System

and to clarify the authorities applicable to the system. Congress

further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined in section 2 of this Act, shall be consistent with and founded

in the purpose established by the first section of the Act of August

25, 1916, 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.

SEC. 2. [Omitted—Amendment]

SEC. 3. ø16 U.S.C. 1a–2¿ 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) Provide transportation of employees located at isolated

areas of the national park system and to members of their

families, where (1) such areas not adequately served by com-
Sec. 3 B. PUBLIC LAW 91–383 3–6

mercial transportation, and (2) such transportation is incidental to official transportation services.

(b) Provide recreation facilities, equipment, and services

for use by employees and their families located at isolated

areas of the national park system.

(c) 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 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 5703).

(d) 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) Enter into contracts which provide for the sale or lease

to persons, States, or their political subdivisions, of services,

resources, or water available within an area of the national

park system, as long as such activity does not jeopardize or unduly interfere with the primary natural or historic resource of

the area involved, if such person, State, or its political

subdivision—

(1) provides public accommodations or services within

the immediate vicinity of an area of the national park system to persons visiting the area; and

(2) has demonstrated to the Secretary that there are

no reasonable alternatives by which to acquire or perform

the necessary services, resources, or water.

(f) 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) Sell at fair market value without regard to the requirements of the Federal Property and Administrative Services Act

of 1949, as amended, 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 the date

of enactment of this sentence 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
3–7 Sec. 3 B. PUBLIC LAW 91–383

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 accommodations 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) 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) 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) 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.
Sec. 3 B. PUBLIC LAW 91–383 3–8

(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.

(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 321 of the Act of June 30, 1932 (47

Stat. 412, chapter 314; 40 U.S.C. 303b) 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 ei-
3–9 Sec. 8 B. PUBLIC LAW 91–383

ther park will allow for more effective and efficient management of the parks, 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, United States Code, 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.

SEC. 4. [Omitted—Amendment]

SEC. 5. [Omitted—Amendment]

SEC. 6. ø16 U.S.C. 1a–3¿ 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.

SEC. 7. ø16 U.S.C. 1a–4¿ Notwithstanding subsection 5901(a)

of title 5, United States Code (80 Stat. 508), as amended, the uniform allowance for uniformed employees of the National Park Service may be up to $400 annually.

SEC. 8. ø16 U.S.C. 1a–5¿ (a) GENERAL AUTHORITY.—The Secretary of the Interior is directed to investigate, study, and continually monitor the welfare of areas whose resources exhibit qualities
Sec. 8 B. PUBLIC LAW 91–383 3–10

1Section 326 of the Department of the Interior and Related Agencies Appropriations Act, 2000

(H.R. 3423 of the 106th Congress, as introduced on November 17, 1999, and enacted into law

by section 1000(a)(3) of Public Law 106–113 (113 Stat. 1535)) provides as follows:

SEC. 326. ø16 U.S.C. 1a–5 note¿ (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, as amended by section 303 of the National

Parks Omnibus Management Act (Public Law 105–391; 112 Stat. 3501).

(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.

(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 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.

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) 1 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 Resources

of the House of Representatives and to the Committee on Energy

and Natural Resources of the United States Senate a list of areas
3–11 Sec. 8 B. PUBLIC LAW 91–383

1 In paragraph (3)(A)(iii), should probably insert ‘‘whether’’ before ‘‘similar’’.

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 the date of enactment of

this subsection, 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 1 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;

(vii) the socioeconomic impacts of any designation;
Sec. 10 B. PUBLIC LAW 91–383 3–12

(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.

(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) there

are authorized to be appropriated $2,000,000 for each fiscal year.

SEC. 9. [Omitted—Amendment]

SEC. 10. ø16 U.S.C. 1a–6¿ (a) [Omitted—Amendment]

(b) 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 pres-
3–13 Sec. 10 B. PUBLIC LAW 91–383

ence, or for any felony cognizable under the laws of the United

States if he has reasonable grounds to believe that the person

to be arrested has committed or is committing such felony, provided such arrests occur within that system or the person to

be arrested is fleeing therefrom to avoid arrest;

(2) execute any warrant or other process issued by a court

or officer of competent jurisdiction for the enforcement of the

provisions of any Federal law or regulation issued pursuant to

law arising out of an offense committed in that system or,

where the person subject to the warrant or process is in that

system, in connection with any Federal offense; and

(3) conduct investigations of offenses against the United

States committed in that system in the absence of investigation thereof by any other Federal law enforcement agency having investigative jurisdiction over the offense committed or

with the concurrence of such other agency.

(c) 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) 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)(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, in-
Sec. 12 B. PUBLIC LAW 91–383 3–14

cluding, 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, United

States Code, a law enforcement officer of any State or political subdivision thereof shall, when acting as a special policeman under

subsection (c) of this section, be considered a Federal employee.

(3) For purposes of subchapter I of chapter 81 of title 5, United

States Code, 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) 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 Service.

SEC. 11. [Omitted—Amendment]

SEC. 12. ø16 U.S.C. 1a–7¿ (a) Not later than January 15 of

each calendar year, the Secretary of the Interior shall transmit to

the Committee on Energy and Natural Resources of the Senate and

the Committee on Natural Resources of the House of Representatives a detailed program for the development of facilities, structures, or buildings for each unit of the National Park System consistent with the general management plans required in subsection

(b) of this section.

(b) General management plans 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 implementations, 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.

SEC. 13. ø16 U.S.C. 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 ex-
3–15 Sec. 13 B. PUBLIC LAW 91–383

ceed $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), the Secretary shall distribute the funds authorized by subsection (a) 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.

3–17

C. SECTION 4 OF PUBLIC LAW 98–540

(Act of October 24, 1984; 98 Stat. 2719; 16 U.S.C. 1a–8)

SEC. 4. ø16 U.S.C. 1a–8¿ (a) 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 by section 814(d)(1)(F) of Public Law 104–333

(110 Stat. 4196.]

3–19

1 In section 1214, the reference to ‘‘section 1’’ should be ‘‘section 1213’’.

D. SECTIONS 1213 THROUGH 1217 OF PUBLIC LAW 101–

628

(PERIODIC REVIEW OF SYSTEM)

(Title XII of the Civil War Sites Study Act of 1990; 104 Stat. 4507; 16 U.S.C. 1a–

9 through 1a–13)

SEC. 1213. ø16 U.S.C. 1a–9¿ The Secretary of the Interior (hereafter in 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 the date of enactment of this Act.

SEC. 1214. ø16 U.S.C. 1a–10¿ In conducting and preparing the

report referred to in section 1 1, 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.

SEC. 1215. ø16 U.S.C. 1a–11¿ The report shall contain—

(a) A comprehensive listing of all authorized but unacquired

lands within the exterior boundaries of each unit of the National Park System as of the date of enactment.

(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.
Sec. 1216 D. SECTIONS 1213 THROUGH 1217 OF PUBLIC LAW 101–628 3–20

1 In section 1216(b), the reference to ‘‘paragraph (1)’’ should be to ‘‘subsection (a)’’. 2 In section 1216(c), it is unclear what is meant by the reference to ‘‘paragraph (c)’’. 3 In section 1217(a), a comma should appear after the word ‘‘governments’’.

SEC. 1216. ø16 U.S.C. 1a–12¿ Within one year after the date of

enactment [Nov. 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.

SEC. 1217. ø16 U.S.C. 1a–13¿ In proposing any boundary change

after the date of enactment of this section, the Secretary shall—

(a) consult with affected agencies of State and local governments 3 surrounding communities, affected landowners and private national, regional, and local organizations;

(b) apply the criteria developed pursuant to section 1216 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.
3–21

E. NATIONAL PARK POLICE DRUG ENFORCEMENT

SUPPLEMENTAL AUTHORITY ACT

(Subtitle B of title V of the Anti-Drug Abuse Act of 1986; Public Law 99–570; 100

Stat. 3207–156; 16 U.S.C. 1 note)

SEC. 5051. SHORT TITLE.

This subtitle may be cited as the ‘‘National Park Police Drug

Enforcement Supplemental Authority Act’’.

SEC. 5052. ø16 U.S.C. 1 note¿ 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.

3–23

F. ACT OF AUGUST 8, 1953

(67 Stat. 495; 16 U.S.C. 1b, 1c, and 1d)

AN ACT To facilitate the management of the National Park System and miscellaneous areas administered in connection with that System, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, ø16 U.S.C. 1b¿

That, in order to facilitate the administration of the National Park

System, the Secretary of the Interior is hereby authorized to carry

out the following activities, and he may use applicable appropriations for the aforesaid system for the following purposes:

1. 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. 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 to and from work, outside of regular working

hours, of employees of Carlsbad Caverns National Park, residing in

or near the city of Carlsbad, New Mexico, such transportation to

be between the park and the city, or intervening points, at reasonable rates to be determined by the Secretary of the Interior taking

into consideration, among other factors, comparable rates charged

by transportation companies in the locality for similar services, the

amounts collected for such transportation to be credited to the appropriation current at the time payment is received: Provided, That

if adequate transportation facilities are available, or shall be available by any common carrier, at reasonable rates, then and in that

event the facilities contemplated by this paragraph shall not be offered.

4. Furnishing, on a reimbursement of appropriations 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. 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.
Sec. 2 F. ACT OF AUGUST 8, 1953 3–24

6. 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. Acquiring such rights-of-way as may be necessary to construct, improve, and maintain roads within the authorized boundaries of any area of the said National Park System, and the acquisition also of land and interests in land adjacent to such rights-ofway, 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. 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.

SEC. 2. ø16 U.S.C. 1c¿ (a) 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) 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 this

Act, 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, 2–4), 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
3–25 Sec. 3 F. ACT OF AUGUST 8, 1953

1The Land and Water Conservation Fund Act of 1965 referred to in section 2(b) is classified

at 16 U.S.C. 460l–4 et seq. The Act of July 15, 1968 (Public Law 90–401), is classified at 16

U.S.C. 460l–10, 460l–10b, 460l–10c, and 460l–22. 2The Act of August 7, 1946, referred to in section 3 is classified at 16 U.S.C. 17j–2.

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

arrest, 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 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), relating to concessions, the Land

and Water Conservation Fund Act of 1965 1, as amended, 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 thereinafter not be construed as limiting such Acts to those areas.

SEC. 3. ø16 U.S.C. 1d¿ Hereafter applicable appropriations of

the National Park Service shall be available for the objects and

purposes specified in the Act of August 7, 1946 (60 Stat. 885). 2

3–27

G. LAWS RELATING TO PARK ROADS

ACT OF APRIL 9, 1924

(chapter 86; 43 Stat. 90; 16 U.S.C. 8 through 8c)

CHAP. 86.—An Act Authorizing the construction, reconstruction, and improvement

of roads and trails, inclusive of necessary bridges, in the national parks and

monuments under the jurisdiction of the Department of the Interior.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, ø16 U.S.C. 8¿

That the Secretary of the Interior, in his administration of the National Park Service, is hereby authorized to construct, reconstruct,

and improve road and trails, inclusive of necessary bridges, in the

national parks and monuments under the jurisdiction of the Department of the Interior.

SEC. 2. That for such purposes, including the making of necessary surveys and plans, there is hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, the following sums, to be available until expended: The

sum of $2,500,000 for the fiscal years ending June 30, 1924, and

June 30, 1925; the sum of $2,500,000 for the fiscal year ending

June 30, 1926; and the sum of $2,500,000 for the fiscal year ending

June 30, 1927.

SEC. 3. That the Secretary of Agriculture is authorized to reserve

from distribution to the several States, in addition to the 10 per

centum authorized by section 5 of the Act of November 10, 1921

(Forty-second Statutes at Large, page 213), not exceeding 5 per

centum of the material, equipment, and supplies hereafter received

from the Secretary of War, and to transfer said material, equipment, and supplies to the Secretary of the Interior for use in constructing, reconstructing, improving, and maintaining roads and

trails in the national parks and monuments: Provided, That no

charge shall be made for such transfer except such sums as may

be agreed upon as being reasonable charges for freight, handling,

and conditioning for efficient use.

SEC. 4. ø16 U.S.C. 8a¿ 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
Sec. 5 G. LAWS RELATING TO PARK ROADS 3–28

1To amend this provision, use the following form: ‘‘The proviso relating to roads and trails,

national parks, under the heading ‘‘NATIONAL PARK SERVICE’’ of the Act of March 4, 1931 (chapter 522; 46 Stat. 1570; 16 U.S.C. 8d) is amended ...’’.

of the United States and which will connect the highways within

a national park with a convenient point on or leading to the Federal 7 per centum highway system: Provided, That such approach

roads so designated shall be limited to not to exceed sixty miles in

length between a park gateway and such point on or leading to the

nearest convenient 7 per centum system road; or, if such approach

road is on the 7 per centum system, it shall be limited to not to

exceed thirty miles: Provided further, That not to exceed forty miles

of any one approach road shall be designated in any one county.

SEC. 5. ø16 U.S.C. 8b¿ The Secretary of the Interior is hereby

authorized during the fiscal years 1950 and 1951 to construct, reconstruct, and improve such national-park approach roads so designated, 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 hereby 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 Agriculture 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 Act shall be constructed 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.

SEC. 6. ø16 U.S.C. 8c¿ Whenever any such approach road is

proposed under the terms of this Act across or within any national

forest the Secretary of the Interior shall secure the approval of the

Secretary of Agriculture before construction shall begin.

ACT OF MARCH 4, 1931

(chapter 522; 46 Stat. 1570; 16 U.S.C. 8d)

ø16 U.S.C. 8d¿ 1 : Provided, That approach roads to national monuments shall be included within the provisions of such Act [Act of

April 9, 1924] 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.
3–29 Sec. 2 G. LAWS RELATING TO PARK ROADS

ACT OF JUNE 3, 1948

(chapter 401; 62 Stat. 334; 16 U.S.C. 8e and 8f)

AN ACT To authorize the conveyance to States, or political subdivisions, of roads

leading to certain historical areas administered by the Department of the Interior,

and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, ø16 U.S.C. 8e¿

That 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 Act, the State,

county, or municipality to which the conveyance herein authorized

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 herein authorized, 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.

SEC. 2. ø16 U.S.C. 8f¿ The word ‘‘State’’ as used in this Act includes Hawaii, Alaska, Puerto Rico, Guam, and the Virgin Islands.

3–31

1Section 5 is omitted from commercial publications of this Act as obsolete in light of the repeal of section 3651 of the Revised Statutes (31 U.S.C. 543) by section 5(b) of Public Law 97–

258 (96 Stat. 1068).

H. ACT OF MAY 26, 1930

(46 Stat. 381; 16 U.S.C. 17 through 17j)

CHAP. 324.—AN ACT To facilitate the administration of the national parks by the

United States Department of the Interior, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, ø16 U.S.C. 17¿

That the Secretary of the Interior is hereby 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.

[Section 2 was repealed by section 8(a) of Public Law 89–554]

SEC. 3. ø16 U.S.C. 17b¿ That the Secretary of the Interior is

hereby 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 3709 of the Revised Statutes of the United

States.

SEC. 4. ø16 U.S.C. 17c¿ That the Secretary of the Interior be,

and he is hereby, 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.

SEC. 5. 1 ø16 U.S.C. 17d¿ The provisions of section 3651 of the

Revised Statutes shall not be construed so as to prohibit the cashing of traveler’s checks or other forms of money equivalent in customary use by travelers, exclusive of personal checks, when tendered in payment of automobile license fees charged at national
Sec. 7 H. ACT OF MAY 26, 1930 3–32

1 In section 10, section 3744 of the Revised Statutes (41 U.S.C. 16) was repealed by the Act

of October 21, 1941 (ch 452; 55 Stat. 743). Section 3709 of the Revised Statutes is classified

at 41 U.S.C. 5.

parks under the jurisdiction of the Secretary of the Interior, or

other collections made within the national parks or national monuments.

SEC. 6. ø16 U.S.C. 17e¿ That the Secretary of the Interior is

hereby 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 the 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.

SEC. 7. ø16 U.S.C. 17f¿ That hereafter 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 firefighting, trail, or

other offical business, such reimbursement to be made from any

available funds in the appropriation to which the hire of such

equipment would be properly chargeable.

SEC. 8. ø16 U.S.C. 17g¿ That 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.

SEC. 9. ø16 U.S.C. 17h¿ That hereafter 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.

SEC. 10. ø16 U.S.C. 17i¿ Hereafter 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 and 3744 1 of the Revised

Statutes.

SEC. 11. ø16 U.S.C. 17j¿ 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
3–33 Sec. 11 H. ACT OF MAY 26, 1930

which is vacated, and to include compensation for not to exceed

sixty days rental costs 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.

3–35

I. ACT OF AUGUST 7, 1946

(MISCELLANEOUS AUTHORIZATIONS)

(60 Stat. 885; 16 U.S.C. 17j–2)

AN ACT To provide basic authority for the performance of certain functions and

activities of the National Park Service.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That ø16 U.S.C.

17j–2¿ appropriations for the National Park Service are authorized

for—

(a) Necessary protection of the area of federally owned land in

the custody of the National Park Service known as the Ocean Strip

and Queets Corridor, adjacent to Olympic National Park, Washington; necessary repairs to the roads from Glacier Park Station

through the Blackfeet Indian Reservation to the various points in

the boundary line of Glacier National Park, Montana, and the

international boundary; repair and maintenance of approximately

two and seventy-seven one-hundredths miles of road leading from

United States highway 187 to the north entrance of Grand Teton

National Park, Wyoming; maintenance of approach roads through

the Lassen National Forest leading to Lassen Volcanic National

Park, California; maintenance and repair of the Generals Highway

between the boundaries of Sequoia National Park, California, and

the Grant Grove section of Kings Canyon National Park, California; maintenance of approximately two and one-fourth miles of

roads comprising those portions of the Fresno-Kings Canyon approach road, Park Ridge Lookout Road, and Ash Mountain-Advance

truck trail, necessary to the administration and protection of the

Sequoia and Kings Canyon National Parks; maintenance of the

roads in the national forests leading out of Yellowstone National

Park, Wyoming, Idaho, and Montana; maintenance of the road in

the Stanislaus National Forest connecting the Tioga Road with the

Hetch Hetchy Road near Mather Station, Yosemite National Park,

California; and maintenance and repair of the approach road to the

Custer 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.
I. ACT OF AUGUST 7, 1946 3–36

(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.
3–37

J. SECTION 814 OF PUBLIC LAW 104–333

(NATIONAL PARK SERVICE ADMINISTRATIVE REFORM)

(Omnibus Parks and Public Lands Management Act of 1996; 110 Stat. 4190; 16

U.S.C. 1f, 17o note, and 346e)

SEC. 814. NATIONAL PARK SERVICE ADMINISTRATIVE REFORM.

(a) ø16 U.S.C. 17o note¿ 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 subsection 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 jurisdiction 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, United States Code.

(3) REVIEW AND REVISION OF HOUSING CRITERIA.—Upon the

enactment of this Act, 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
Sec. 814 J. SECTION 814 OF PUBLIC LAW 104–333 3–38

and the Committee on Energy and Natural Resources of the

Senate not later than 180 days after the date of the enactment

of this Act. 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

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 subsection 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.

(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 non-Federal

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 Serv-
3–39 Sec. 814 J. SECTION 814 OF PUBLIC LAW 104–333

ice 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,

United States Code.

In no event shall outstanding guarantees be in excess of

$3,000,000,

(C) RENTAL TO GOVERNMENT EMPLOYEES.—A guarantee may be made under this subsection only if the lessee

agrees to permit the Secretary to utilize for housing purposes any units for which the guarantee is made

(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.
Sec. 814 J. SECTION 814 OF PUBLIC LAW 104–333 3–40

(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, United States Code.

(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 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 enactment of this Act, 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 the date of enactment of this Act, 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
3–41 Sec. 814 J. SECTION 814 OF PUBLIC LAW 104–333

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 the date of the enactment of the Act, 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, United States Code.

(C) EXEMPTION FROM LEASING REQUIREMENTS.—The

provisions of section 5 of the Act of July 15, 1968 (82 Stat.

354, 356; 16 U.S.C. 460l–22), and section 321 of the Act of

June 30, 1932 (40 U.S.C. 303b; 47 Stat. 412), shall not

apply to leases issued by the Secretary under this section.

(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 subsection:

(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,

United States Code, 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.
Sec. 814 J. SECTION 814 OF PUBLIC LAW 104–333 3–42

(b) MINOR BOUNDARY REVISION AUTHORITY.—[Omitted—

Amendment]

(c) ø16 U.S.C. 346e¿ AUTHORIZATION FOR PARK FACILITIES TO

BE LOCATED OUTSIDE THE BOUNDARIES OF ZION NATIONAL PARK.—

In order to facilitate the administration of Zion 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 the establishment of essential facilities for park administration and visitor use outside the boundaries, but within the vicinity, of the park. Such 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—

(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 subsection. The Secretary is encouraged to identify and utilize funding sources to supplement any

Federal funding used for these facilities.

(d) ELIMINATION OF UNNECESSARY CONGRESSIONAL REPORTING

REQUIREMENTS.—[Omitted—Amendments]

(e) SENATE CONFIRMATION OF THE DIRECTOR OF THE NATIONAL

PARK SERVICE.—[Omitted—Amendments]

(f) NATIONAL PARK SYSTEM ADVISORY BOARD AUTHORIZATION.—[Omitted—Amendments]

(g) ø16 U.S.C. 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 2(a) of the Act of August 8, 1953 (16 U.S.C. 1c(a))),

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.

(h) COST RECOVERY FOR DAMAGE TO NATIONAL PARK RE- SOURCES.—[Omitted—Amendment]
3–43

1Section 116 of Public Law 101–512 (104 Stat. 1937) provides for the administration of the

Department of the Interior Museum in the manner provided by the Act of July 1, 1955. The

section also authorizes the disposal of unnecessary or duplicate museum objects and the use of

proceeds from such disposal. The section is classified at 16 U.S.C. 18f–1.

K. ACT OF JULY 1, 1955

(MUSEUM MANAGEMENT)

(69 Stat. 242; 16 U.S.C. 18f through 18f–3)

AN ACT To increase the public benefits from the National Park System by facilitating the management of museum properties relating thereto, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That ø16 U.S.C.

18f¿ the purpose of this Act 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 1 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) Accept donations and bequests of money or other personal

property, and hold, use, expend, and administer the same for purposes of this Act;

(b) Purchase museum objects, museum collections, and other

personal properties at prices he considers to be reasonable;

(c) 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) 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) 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.
K. ACT OF JULY 1, 1955 3–44

SEC. 2. ø16 U.S.C. 18f–2¿ ADDITIONAL FUNCTIONS.

(a) MUSEUM OBJECTS AND COLLECTIONS.—In addition to the

functions specified in the first section of this Act, 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

Act 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 Act.

(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 the Internal Revenue Code of 1986 and to non-Federal governmental entities if the Secretary determines that the

recipient is dedicated to the preservation and interpretation 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), 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.

SEC. 3. ø16 U.S.C. 18f–3¿ APPLICATION AND DEFINITIONS.

(a) APPLICATION.—Authorities in this Act 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 the date of enactment of this section as well as those museum

objects and museum collections that may be acquired on or after

such date.

(b) DEFINITION.—For the purposes of this Act, 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.
3–45

1This is the short title for the Act. See section 5.

2The tort claims provisions referred to in subsection (b) are codified at section 1346(b) of title

28, U.S.C., and as chapter 171 of such title.

L. VOLUNTEERS IN THE PARKS ACT OF 1969 1

(Public Law 91–357; 84 Stat. 472; 16 U.S.C. 18g through 18j)

AN ACT To authorize the Secretary of the Interior to establish a volunteers in the

park program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, ø16 U.S.C. 18g¿

That 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 determined are skilled in performing hazardous activities may be accepted.

SEC. 2. ø16 U.S.C. 18h¿ The Secretary is authorized to provide

for incidental expenses, such as transportation, uniforms, lodging,

and subsistence.

SEC. 3. ø16 U.S.C. 18i¿ (a) 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) For the purpose of the tort claim provisions of title 28 of

the United States Code 2, a volunteer under this Act shall be considered a Federal employee.

(c) For the purposes of subchapter I of chapter 81 of title 5 of

the United States Code, relating to compensation to Federal employees for work injuries, volunteers under this Act shall be

deemed civil employees of the United States within the meaning of

the term ‘‘employee’’ as defined in section 8101 of title 5, United

States Code, and the provisions of that subchapter shall apply.

(d) For the purpose of claims relating to damage to, or loss of,

personal property of a volunteer incident to volunteer service, a vol-
Sec. 5 L. VOLUNTEERS IN THE PARKS ACT OF 1969 3–46

unteer under this Act shall be considered a Federal employee, and

the provisions of 31 U.S.C. 3721 shall apply.

SEC. 4. ø16 U.S.C. 18j¿ There are authorized to be appropriated such sums a may be necessary to carry out the provisions

of this Act, but not more than $3,500,000 shall be appropriated in

any one year.

SEC. 5. ø16 U.S.C. 18g note¿ This Act may be cited as the

‘‘Volunteers in the Parks Act of 1969.’’
3–47

1Public Law 89–249 was repealed by section 415(a) of the National Park Service Concessions

Management Improvement Act of 1998 (title IV of Public Law 105–391; 112 Stat. 3515). The

repeal provided that the repeal of Public Law 89–249 ‘‘shall not affect the validity of any concessions contract or permit entered into under such Act, but the provisions of this title [the National Park Service Concessions Management Improvement Act of 1998 (16 U.S.C. 5951 et seq.)]

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.’’.

M. PUBLIC LAW 89–249

(POPULARLY KNOWN AS THE NATIONAL PARK SERVICE

CONCESSIONS POLICY ACT)

(REPEALED)

(Act of Oct. 9, 1965; 79 Stat. 969; 16 U.S.C. 20 through 20g)

AN ACT Relating to the establishment of concession policies in the areas

administered by National Park Service and for other purposes. 1

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, ø16 U.S.C. 20¿

That in furtherance of the Act of August 25, 1916 (39 Stat. 535),

as amended (16 U.S.C. 1), which directs the Secretary of the Interior to administer national park system areas in accordance with

the fundamental purpose of conserving their scenery, wildlife, natural and historic objects, and providing for their enjoyment in a

manner that will leave them unimpaired for the enjoyment of future generations, the Congress hereby finds that the preservation

of park values requires that such public accommodations, facilities,

and services as have to be provided within those areas should be

provided only under carefully controlled safeguards against unregulated and indiscriminate use, so that the heavy visitation will not

unduly impair these values and so that development of such facilities can best be limited to locations where the least damage to park

values will be caused. It is the policy of the Congress that such development shall be limited to those that are necessary and appropriate for public use and enjoyment of the national park area in

which they are located and that are consistent to the highest practicable degree with the preservation and conservation of the areas.

SEC. 2. ø16 U.S.C. 20a¿ Subject to the findings and policy stated in section 1 of this Act, the Secretary of the Interior shall take

such action as may be appropriate to encourage and enable private

persons and corporations (hereinafter referred to as ‘‘concessioners’’) to provide and operate facilities and services which he

deems desirable for the accommodation of visitors in areas administered by the National Park Service.
Sec. 3 M. PUBLIC LAW 89–249 3–48

SEC. 3. ø16 U.S.C. 20b¿ (a) Without limitation of the foregoing,

the Secretary may include in contracts for the providing of facilities

and services such terms and conditions as, in his judgment, are required to assure the concessioner of adequate protection against

loss of investment in structures, fixtures, improvements, equipment, supplies, and other tangible property provided by him for the

purposes of the contract (but not against loss of anticipated profits)

resulting from discretionary acts, policies, or decisions of the Secretary occurring after the contract has become effective under

which acts, policies, or decisions the concessioner’s authority to conduct some or all of his authorized operations under the contract

ceases or his structures, fixtures, and improvements, or any of

them, are required to be transferred to another party or to be abandoned, removed, or demolished. Such terms and conditions may include an obligation of the United States to compensate the concessioner for loss of investment, as aforesaid.

(b) The Secretary shall exercise his authority in a manner consistent with a reasonable opportunity for the concessioner to realize

a profit on his operation as a whole commensurate with the capital

invested and the obligations assumed.

(c) The reasonableness of a concessioner’s rates and charges to

the public shall, unless otherwise provided in the contract, be

judged primarily by comparison with those current for facilities and

services of comparable character under similar conditions, with due

consideration for length of season, provision for peakloads, average

percentage of occupancy, accessibility, availability and costs of

labor and materials, type of patronage, and other factors deemed

significant by the Secretary.

(d) Franchise fees, however stated, shall be determined upon

consideration of the probable value to the concessioner of the privileges granted by the particular contract or permit involved. Such

value is the opportunity for net profit in relation to both gross receipts and capital invested. Consideration of revenue to the United

States shall be subordinate to the objectives of protecting and preserving the areas and of providing adequate and appropriate services for visitors at reasonable rates. Appropriate provisions shall be

made for reconsideration of franchise fees at least every five years

unless the contract is for a lesser period of time.

SEC. 4. ø16 U.S.C. 20c¿ The Secretary may authorize the operation of all accommodations, facilities, and services for visitors, or

of all such accommodations, facilities, and services of generally

similar character, in each area, or portion thereof, administered by

the National Park Service by one responsible concessioner and may

grant to such concessioner a preferential right to provide such new

or additional accommodations, facilities, or services as the Secretary may consider necessary or desirable for the accommodation

and convenience of the public. The Secretary may, in his discretion,

grant extensions, renewals, or new contracts to present concessioners, other than the concessioner holding a preferential right, for

operations substantially similar in character and extent to those

authorized by their current contracts or permits.

SEC. 5. ø16 U.S.C. 20d¿ The Secretary shall encourage continuity of operation and facilities and services by giving preference
3–49 Sec. 6 M. PUBLIC LAW 89–249

in the renewal of contracts or permits and in the negotiation of new

contracts or permits to the concessioners who have performed their

obligations under prior contracts or permits to the satisfaction of

the Secretary. To this end, the Secretary, at any time in his discretion, may extend or renew a contract or permit, or may grant a

new contract or permit to the same concessioner upon the termination or surrender before expiration of a prior contract or permit.

Before doing so, however, and before granting extensions, renewals

or new contracts pursuant to the last sentence of section 4 of this

Act, the Secretary shall give reasonable public notice of his intention so to do and shall consider and evaluate all proposals received

as a result thereof.

SEC. 6. ø16 U.S.C. 20e¿ A concessioner who has heretofore acquired or constructed or who hereafter acquires or constructs, pursuant to a contract and with the approval of the Secretary, any

structure, fixture, or improvement upon land owned by the United

States within an area administered by the National Park Service

shall have a possessory interest therein, which shall consist of all

incidents of ownership except legal title, and except as hereinafter

provided, which title shall be vested in the United States. Such

possessory interest shall not be construed to include or imply any

authority, privilege, or right to operate or engage in any business

or other activity, and the use or enjoyment of any structure, fixture, or improvement in which the concessioner has a possessory

interest shall be wholly subject to the applicable provisions of the

contract and of laws and regulations relating to the area. The said

possessory interest shall not be extinguished by the expiration or

other termination of the contract and may not be taken for public

use without just compensation. The said possessory interest may be

assigned, transferred, encumbered, or relinguished. Unless otherwise provided by agreement of the parties, just compensation shall

be an amount equal to the sound value of such structure, fixture,

or improvement at the time of taking by the United States determined upon the basis of reconstruction cost less depreciation evidenced by its condition and prospective serviceability in comparison

with a new unit of like kind, but not to exceed fair market value.

The provisions of this section shall not apply to concessioners

whose current contracts do not include recognition of a possessory

interest, unless in a particular case the Secretary determines that

equitable considerations warrant recognition of such interest.

SEC. 7. ø16 U.S.C. 20f¿ The provisions of section 321 of the Act

of June 30, 1932 (47 Stat. 412; 40 U.S.C. 303(b)), relating to the

leasing of buildings and properties of the United States, shall not

apply to privileges, leases, permits, and contracts granted by the

Secretary of the Interior for the use of lands and improvements

thereon, in areas administered by the National Park Service, for

the purpose of providing accommodations, facilities, and services

for visitors thereto, pursuant to the Act of August 25, 1916 (39

Stat. 535), as amended, or the Act of August 21, 1935, chapter 593

(49 Stat. 666; 16 U.S.C. 461–467), as amended.

SEC. 8. [Omitted—Amendment]
Sec. 9 M. PUBLIC LAW 89–249 3–50

SEC. 9. ø16 U.S.C. 20g¿ Each concessioner shall keep such

records as the Secretary may prescribe to enable the Secretary to

determine that all terms of the concession contract have been and

are being faithfully performed, and the Secretary and his duly authorized representatives shall, for the purpose of audit and examination, have access to said records and to other books, documents,

and papers of the concessioner pertinent to the contract and all the

terms and conditions thereof.

The Comptroller General of the United States or any of his

duly authorized representatives shall, until the expiration of five

(5) calendar years after the close of the business year of each concessioner or subconcessioner have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner or subconcessioner related to the negotiated contract or

contracts involved.
3–51

N. SECTION 5 OF PUBLIC LAW 90–401

(LAND TRANSFERS)

(Act of July 15, 1968; 82 Stat. 354; 16 U.S.C. 460l–22)

SEC. 5. ø16 U.S.C. 460l–22¿ (a) 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) The Secretary of the Interior is authorized to accept title to

any non-Federal property or interest therein within a unit of the

National Park System or miscellaneous area under his administration, and in exchange therefor he may convey to the grantor of such

property or interest any Federally-owned property or interest

therein under his jurisdiction which he determines is suitable for

exchange or other disposal and which is located in the same State

as the non-Federal property to be acquired: Provided, however,

That timber lands subject to harvest under a sustained yield program shall not be so exchanged. Upon request of a State or a political subdivision thereof, or of a party in interest, prior to such exchange the Secretary or his designee shall hold a public hearing in

the area where the lands to be exchanged are located. The values

of the properties so exchanged either shall be approximately equal,

or if they are not approximately equal, the values shall be equalized by the payment of cash to the grantor from funds appropriated

for the acquisition of land for the area, or to the Secretary as the

circumstances require.
Sec. 5 N. SECTION 5 OF PUBLIC LAW 90–401 3–52

(c) 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) 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.
3–53

O. TITLE III OF PUBLIC LAW 95–344

(PUBLIC TRANSPORTATION PROGRAMS)

(Act of August 15, 1978; 92 Stat. 477; 16 U.S.C. 2301 through 2306)

TITLE III

FINDINGS AND PURPOSE

SEC. 301. ø16 U.S.C. 2301¿ (a) The Congress hereby finds

that—

(1) the purpose of the National Park System is to preserve

outstanding natural, scenic, historic, and recreation areas for

the enjoyment, education, inspiration, and use of all people;

(2) units of the National Park System have recently been

established near major metropolitan areas in order to preserve

remaining open space and to provide recreational opportunities

for urban residents (many of whom do not have access to personal motor vehicles); and

(3) circumstances which necessarily require peoples desiring to visit units of the National Park System to rely on personal motor vehicles may diminish the natural and recreational value of such units by causing traffic congestion and

environmental damage, and by requiring the provision of

roads, parking, and other facilities in ever-increasing numbers

and density.

(b) The purpose of this title is to make the National Park System more accessible in a manner consistent with the preservation

of parks and the conservation of energy by encouraging the use of

transportation modes other than personal motor vehicles for access

to and within units of the National Park System with minimum

disruption to nearby communities through authorization of a pilot

transportation program.

SEC. 302. ø16 U.S.C. 2302¿ (a) The Secretary of the Interior

(hereinafter referred to as ‘‘Secretary’’) is authorized to formulate

transportation plans and implement transportation projects where

feasible pursuant to those plans for units of the national park system.

(b) To carry out the purposes of subsection (a) of this section,

the Secretary is authorized to—

(1) contract with public or private agencies or carriers to

provide transportation services, capital equipment, or facilities

to improve access to units of the national park system;

(2) operate such services directly in the absence of suitable

and adequate agencies or carriers;
Sec. 303 O. TITLE III OF PUBLIC LAW 95–344 3–54

1The Act of October 9, 1965, referred to in subsection (f) is classified at 16 U.S.C. 20 et seq.

2 In the codification of title 49, U.S.C., section 203(b)(4) of the Interstate Commerce Act became 49 U.S.C. 10526(a)(9). See section 3(b) of Public Law 95–473 (92 Stat. 1466). However,

this section of title 49 was omitted in the most recent recodification of the title. See section

102(a) of Public Law 104–88 (109 Stat. 804). 3 In section 303, the Secretary of Health, Education, and Welfare is now known as the Secretary of Health and Human Services.

(3) acquire by purchase, lease, or agreement, capital equipment for such services; and

(4) where necessary to carry out the purposes of this title,

acquire by lease, purchase, donation, exchange, or transfer,

lands, waters, and interests therein which are situated outside

the boundary of a unit of the national park system, which

property shall be administered as part of the unit: Provided,

That any land or interests in land owned by a State or any of

its political subdivisions may be acquired only by donation:

Provided further, That any land acquisition shall be subject to

such statutory limitations, if any, on methods of acquisition

and appropriations thereof as may be specifically applicable to

such area.

(c) [Repealed by section 814(d)(1)(A) of Public Law 104–333

(110 Stat. 4195).]

(d) All fees directly collected by the National Park Service in

the operation of the facilities and services authorized by this title

shall be covered into the Planning, Development, and Operation of

Recreation Facilities appropriation account to be subject to appropriation.

(e) The Secretary shall establish information programs to inform the public of available park access opportunities and to promote the use of transportation modes other than personal motor

vehicles for access to and travel within the units of the national

park system.

(f) Transportation facilities and services provided pursuant to

this title shall not be considered as concession facilities or services

within the meaning of the Act of October 9, 1965 (79 Stat. 969) 1

and may be undertaken by the Secretary directly or by contract

without regard to any requirement of local, State, or Federal law

respecting determinations of public convenience and necessity or

other similar matters: Provided, That the Secretary or his contractor shall consult with the appropriate State or local public service commission or other such body having authority to issue certificates of convenience and necessity, and any such contractor shall

be subject to applicable requirements of such body unless the Secretary determines that such requirements would not be consistent

with the purposes and provisions of this title.

(g) No grant of authority in this title shall be deemed to expand the exemption of section 203(b)(4) of the Interstate Commerce

Act (49 U.S.C. 303(b)(4)). 2

SEC. 303. ø16 U.S.C. 2303¿ (a) To carry out the purposes of

this title, the Secretary of Transportation, the Secretary of Housing

and Urban Development, the Secretary of Health, Education, and

Welfare, 3 and the Secretary of Commerce, and the heads of such

other Federal departments or agencies as the Secretary deems nec-
3–55 Sec. 306 O. TITLE III OF PUBLIC LAW 95–344

1 In section 304(a), paragraph (1) should end with ‘‘; and’’.

essary are directed to assist the Secretary in the formulation and

implementation of transportation projects.

(b) Within one hundred and eighty days from the enactment of

this Act, the Secretary shall prepare and submit to the Committee

on Energy and Natural Resources of the Senate and the Committee

on Natural Resources of the House of Representatives, a compilation of Federal statutes and programs providing authority for the

planning, funding, or operation of transportation projects which

might be utilized by the Secretary to carry out the purpose of this

title. The Secretary shall revise the compilation thereafter as he

deems necessary.

SEC. 304. ø16 U.S.C. 2304¿ (a) The Secretary shall, during the

formulation of any transportation plan authorized pursuant to section 302 of this title— (1) give public notice of intention to formulate such a plan

by publication in the Federal Register and in a newspaper or

periodical having general circulation in the vicinity of the affected unit of the national park system; 1

(2) following such notice hold a public meeting at a location or locations convenient to the affected unit of the National

Park System.

(b) Prior to the implementation of any project developed pursuant to the transportation plan formulated pursuant to subsection

(a) of this section, the Secretary shall—

(1) establish procedures, including but not limited to public

meetings, to give State and local governments and the public

adequate notice and an opportunity to comment on the proposed transportation project; and

(2) submit, when the proposed project would involve an expenditure in excess of $100,000 in any fiscal year, a detailed

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. The

Secretary may proceed with the implementation of such plan

only after sixty days (not counting days on which the Senate

or House of Representatives has adjourned for more than three

consecutive days) have elapsed following submission of the

plan.

SEC. 305. ø16 U.S.C. 2305¿ The Secretary shall submit a report to the Congress within three years of the effective date of this

Act. The report shall include, but not be limited to, his findings and

recommendations regarding— (a) preservation of natural resource values within units of

the National Park System through access alternatives;

(b) effects of transportation projects on communities in

close proximity to the units of the National Park System; and

(c) future transportation projects formulated pursuant to

this title.

SEC. 306. ø16 U.S.C. 2306¿ In carrying out the purposes of this

title, there is hereby authorized to be appropriated $1,000,000 for
Sec. 306 O. TITLE III OF PUBLIC LAW 95–344 3–56

fiscal year 1979; $2,000,000 for fiscal year 1980; and $3,000,000 for

fiscal year 1981, which shall remain available until expended. In

a fiscal year when the amounts actually appropriated are less than

the amounts listed above, the authorized but unappropriated

amount shall continue to be available for appropriation in succeeding fiscal years.
3–57

P. NATIONAL PARK SERVICE CONCESSIONS

MANAGEMENT IMPROVEMENT ACT OF 1998

(Title IV of the National Parks Omnibus Management Act of 1998 (Public Law 105–

391; 112 Stat. 3503; 16 U.S.C. 5951 et seq.)

TITLE IV—NATIONAL PARK SERVICE

CONCESSIONS MANAGEMENT

SEC. 401. ø16 U.S.C. 5901 note¿ SHORT TITLE.

This title may be cited as the ‘‘National Park Service Concessions Management Improvement Act of 1998’’.

SEC. 402. ø16 U.S.C. 5951¿ CONGRESSIONAL FINDINGS AND STATEMENT

OF POLICY.

(a) FINDINGS.—In furtherance of the Act of August 25, 1916

(commonly known as the National Park Service Organic Act; 16

U.S.C. 1 et seq.), which directs the Secretary to administer units

of the National Park System in accordance with the fundamental

purpose of conserving their scenery, wildlife, and natural and historic objects, and providing for their enjoyment in a manner that

will leave them unimpaired for the enjoyment of future generations, the Congress hereby finds that the preservation and conservation of park resources and values requires that such public accommodations, facilities, and services as have to be provided within

such units should be provided only under carefully controlled safeguards against unregulated and indiscriminate use, so that—

(1) visitation will not unduly impair these resources and

values; and

(2) development of public accommodations, facilities, and

services within such units can best be limited to locations that

are consistent to the highest practicable degree with the preservation and conservation of the resources and values of such

units.

(b) POLICY.—It is the policy of the Congress that the development of public accommodations, facilities, and services in units of

the National Park System shall be limited to those accommodations, facilities, and services that—

(1) are necessary and appropriate for public use and enjoyment of the unit of the National Park System in which they

are located; and

(2) are consistent to the highest practicable degree with

the preservation and conservation of the resources and values

of the unit.

SEC. 403. ø16 U.S.C. 5952¿ AWARD OF CONCESSIONS CONTRACTS.

In furtherance of the findings and policy stated in section 402,

and except as provided by this title or otherwise authorized by law,
Sec. 403 P. PARK CONCESSIONS MANAGEMENT 3–58

the Secretary shall utilize concessions contracts to authorize a person, corporation, or other entity to provide accommodations, facilities, and services to visitors to units of the National Park System.

Such concessions contracts shall be awarded as follows:

(1) COMPETITIVE SELECTION PROCESS.—Except as otherwise

provided in this section, all proposed concessions contracts

shall be awarded by the Secretary to the person, corporation,

or other entity submitting the best proposal, as determined by

the Secretary through a competitive selection process. Such

competitive process shall include simplified procedures for

small, individually-owned, concessions contracts.

(2) SOLICITATION OF PROPOSALS.—Except as otherwise provided in this section, prior to awarding a new concessions contract (including renewals or extensions of existing concessions

contracts) the Secretary shall publicly solicit proposals for the

concessions contract and, in connection with such solicitation,

the Secretary shall prepare a prospectus and shall publish notice of its availability at least once in local or national newspapers or trade publications, and/or the Commerce Business

Daily, as appropriate, and shall make the prospectus available

upon request to all interested parties.

(3) PROSPECTUS.—The prospectus shall include the following information:

(A) The minimum requirements for such contract as

set forth in paragraph (4).

(B) The terms and conditions of any existing concessions contract relating to the services and facilities to be

provided, including all fees and other forms of compensation provided to the United States by the concessioner.

(C) Other authorized facilities or services which may

be provided in a proposal.

(D) Facilities and services to be provided by the Secretary to the concessioner, if any, including public access,

utilities, and buildings.

(E) An estimate of the amount of compensation, if any,

due an existing concessioner from a new concessioner

under the terms of a prior concessions contract.

(F) A statement as to the weight to be given to each

selection factor identified in the prospectus and the relative importance of such factors in the selection process.

(G) Such other information related to the proposed

concessions operation as is provided to the Secretary pursuant to a concessions contract or is otherwise available to

the Secretary, as the Secretary determines is necessary to

allow for the submission of competitive proposals.

(H) Where applicable, a description of a preferential

right to the renewal of the proposed concessions contract

held by an existing concessioner as set forth in paragraph

(7).

(4) MINIMUM REQUIREMENTS.—(A) No proposal shall be

considered which fails to meet the minimum requirements as

determined by the Secretary. Such minimum requirements

shall include the following:

(i) The minimum acceptable franchise fee or other

forms of consideration to the Government.
3–59 Sec. 403 P. PARK CONCESSIONS MANAGEMENT

(ii) Any facilities, services, or capital investment required to be provided by the concessioner.

(iii) Measures necessary to ensure the protection, conservation, and preservation of resources of the unit of the

National Park System.

(B) The Secretary shall reject any proposal, regardless of

the franchise fee offered, if the Secretary determines that the

person, corporation, or entity is not qualified, is not likely to

provide satisfactory service, or that the proposal is not responsive to the objectives of protecting and preserving resources of

the unit of the National Park System and of providing necessary and appropriate facilities and services to the public at

reasonable rates.

(C) If all proposals submitted to the Secretary either fail

to meet the minimum requirements or are rejected by the Secretary, the Secretary shall establish new minimum contract requirements and re-initiate the competitive selection process

pursuant to this section.

(D) The Secretary may not execute a concessions contract

which materially amends or does not incorporate the proposed

terms and conditions of the concessions contract as set forth in

the applicable prospectus. If proposed material amendments or

changes are considered appropriate by the Secretary, the Secretary shall resolicit offers for the concessions contract incorporating such material amendments or changes.

(5) SELECTION OF THE BEST PROPOSAL.—(A) In selecting the

best proposal, the Secretary shall consider the following principal factors:

(i) The responsiveness of the proposal to the objectives

of protecting, conserving, and preserving resources of the

unit of the National Park System and of providing necessary and appropriate facilities and services to the public

at reasonable rates.

(ii) The experience and related background of the person, corporation, or entity submitting the proposal, including the past performance and expertise of such person, corporation or entity in providing the same or similar facilities or services.

(iii) The financial capability of the person, corporation,

or entity submitting the proposal.

(iv) The proposed franchise fee, except that consideration of revenue to the United States shall be subordinate

to the objectives of protecting, conserving, and preserving

resources of the unit of the National Park System and of

providing necessary and appropriate facilities to the public

at reasonable rates.

(B) The Secretary may also consider such secondary factors

as the Secretary deems appropriate.

(C) In developing regulations to implement this title, the

Secretary shall consider the extent to which plans for employment of Indians (including Native Alaskans) and involvement

of businesses owned by Indians, Indian tribes, or Native Alaskans in the operation of a concession, contracts should be identified as a factor in the selection of a best proposal under this

section.
Sec. 403 P. PARK CONCESSIONS MANAGEMENT 3–60

(6) CONGRESSIONAL NOTIFICATION.—The Secretary shall

submit any proposed concessions contract with anticipated annual gross receipts in excess of $5,000,000 or a duration of

more than 10 years to the Committee on Resources of the

House of Representatives and the Committee on Energy and

Natural Resources of the Senate. The Secretary shall not

award any such proposed contract until at least 60 days subsequent to the notification of both committees.

(7) PREFERENTIAL RIGHT OF RENEWAL.—(A) Except as provided in subparagraph (B), the Secretary shall not grant a concessioner a preferential right to renew a concessions contract,

or any other form of preference to a concessions contract.

(B) The Secretary shall grant a preferential right of renewal to an existing concessioner with respect to proposed renewals of the categories of concessions contracts described by

paragraph (8), subject to the requirements of that paragraph.

(C) As used in this title, the term ‘‘preferential right of renewal’’ means that the Secretary, subject to a determination by

the Secretary that the facilities or services authorized by a

prior contract continue to be necessary and appropriate within

the meaning of section 402, shall allow a concessioner qualifying for a preferential right of renewal the opportunity to

match the terms and conditions of any competing proposal

which the Secretary determines to be the best proposal for a

proposed new concessions contract which authorizes the continuation of the facilities and services provided by the concessioner under its prior contract.

(D) A concessioner which successfully exercises a preferential right of renewal in accordance with the requirements

of this title shall be entitled to award of the proposed new concessions contract to which such preference applies.

(8) OUTFITTER AND GUIDE SERVICES AND SMALL CONTRACTS.—(A) The provisions of paragraph (7) shall apply only

to the following:

(i) Subject to subparagraph (B), outfitting and guide

concessions contracts.

(ii) Subject to subparagraph (C), concessions contracts

with anticipated annual gross receipts under $500,000.

(B) For the purposes of this title, an ‘‘outfitting and guide

concessions contract’’ means a concessions contract which solely authorizes the provision of specialized backcountry outdoor

recreation guide services which require the employment of specially trained and experienced guides to accompany park visitors in the backcountry so as to provide a safe and enjoyable

experience for visitors who otherwise may not have the skills

and equipment to engage in such activity. Outfitting and guide

concessioners, where otherwise qualified, include concessioners

which provide guided river running, hunting, fishing, horseback, camping, and mountaineering experiences. An outfitting

and guide concessioner is entitled to a preferential right of renewal under this title only if—

(i) the contract with the outfitting and guide concessioner does not grant the concessioner any interest, including any leasehold surrender interest or possessory interest,

in capital improvements on lands owned by the United
3–61 Sec. 403 P. PARK CONCESSIONS MANAGEMENT

States within a unit of the National Park System, other

than a capital improvement constructed by a concessioner

pursuant to the terms of a concessions contract prior to the

date of the enactment of this title or constructed or owned

by a concessioner or his or her predecessor before the subject land was incorporated into the National Park System;

(ii) the Secretary determines that the concessioner has

operated satisfactorily during the term of the contract (including any extension thereof); and

(iii) the concessioner has submitted a responsive proposal for a proposed new contract which satisfies the minimum requirements established by the Secretary pursuant

to paragraph (4).

(C) A concessioner that holds a concessions contract that

the Secretary estimates will result in gross annual receipts of

less than $500,000 if renewed shall be entitled to a preferential

right of renewal under this title if—

(i) the Secretary has determined that the concessioner

has operated satisfactorily during the term of the contract

(including any extension thereof); and

(ii) the concessioner has submitted a responsive proposal for a proposed new concessions contract which satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).

(9) NEW OR ADDITIONAL SERVICES.—The Secretary shall not

grant a preferential right to a concessioner to provide new or

additional services in a unit of the National Park System.

(10) SECRETARIAL AUTHORITY.—Nothing in this title shall

be construed as limiting the authority of the Secretary to determine whether to issue a concessions contract or to establish

its terms and conditions in furtherance of the policies expressed in this title.

(11) EXCEPTIONS.—Notwithstanding the provisions of this

section, the Secretary may award, without public solicitation,

the following:

(A) A temporary concessions contract or an extension

of an existing concessions contract for a term not to exceed

3 years in order to avoid interruption of services to the

public at a unit of the National Park System, except that

prior to making such an award, the Secretary shall take

all reasonable and appropriate steps to consider alternatives to avoid such interruption.

(B) A concessions contract in extraordinary circumstances where compelling and equitable considerations

require the award of a concessions contract to a particular

party in the public interest. Such award of a concessions

contract shall not be made by the Secretary until at least

30 days after publication in the Federal Register of notice

of the Secretary’s intention to do so and the reasons for

such action, and submission of notice to the Committee on

Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives.
Sec. 404 P. PARK CONCESSIONS MANAGEMENT 3–62

SEC. 404. ø16 U.S.C. 5953¿ TERM OF CONCESSIONS CONTRACTS.

A concessions contract entered into pursuant to this title shall

generally be awarded for a term of 10 years or less. However, the

Secretary may award a contract for a term of up to 20 years if the

Secretary determines that the contract terms and conditions, including the required construction of capital improvements, warrant

a longer term.

SEC. 405. ø16 U.S.C. 5954¿ PROTECTION OF CONCESSIONER INVESTMENT.

(a) LEASEHOLD SURRENDER INTEREST UNDER NEW CONCES- SIONS CONTRACTS.—On or after the date of the enactment of this

title, a concessioner that constructs a capital improvement upon

land owned by the United States within a unit of the National

Park System pursuant to a concessions contract shall have a leasehold surrender interest in such capital improvement subject to the

following terms and conditions:

(1) A concessioner shall have a leasehold surrender interest in each capital improvement constructed by a concessioner

under a concessions contract, consisting solely of a right to

compensation for the capital improvement to the extent of the

value of the concessioner’s leasehold surrender interest in the

capital improvement.

(2) A leasehold surrender interest— (A) may be pledged as security for financing of a capital improvement or the acquisition of a concessions contract when approved by the Secretary pursuant to this

title;

(B) shall be transferred by the concessioner in connection with any transfer of the concessions contract and may

be relinquished or waived by the concessioner; and

(C) shall not be extinguished by the expiration or

other termination of a concessions contract and may not be

taken for public use except on payment of just compensation.

(3) The value of a leasehold surrender interest in a capital

improvement shall be an amount equal to the initial value

(construction cost of the capital improvement), increased (or

decreased) in the same percentage increase (or decrease) as the

percentage increase (or decrease) in the Consumer Price Index,

from the date of making the investment in the capital improvement by the concessioner to the date of payment of the value

of the leasehold surrender interest, less depreciation of the

capital improvement as evidenced by the condition and prospective serviceability in comparison with a new unit of like

kind.

(4) Effective 9 years after the date of the enactment of this

Act, the Secretary may provide, in any particular new concession contract the Secretary estimates will have a leasehold surrender interest of more than $10,000,000, that the value of any

leasehold surrender interest in a capital improvement shall be

based on either (A) a reduction on an annual basis, in equal

portions, over the same number of years as the time period associated with the straight line depreciation of the initial value

(construction cost of the capital improvement), as provided by

applicable Federal income tax laws and regulations in effect on
3–63 Sec. 405 P. PARK CONCESSIONS MANAGEMENT

the day before the date of the enactment of this Act or (B) such

alternative formula that is consistent with the objectives of

this title. The Secretary may only use such an alternative formula if the Secretary determines, after scrutiny of the financial and other circumstances involved in this particular concession contract (including providing notice in the Federal Register and opportunity for comment), that such alternative formula is, compared to the standard method of determining

value provided for in paragraph (3), necessary in order to provide a fair return to the Government and to foster competition

for the new contract by providing a reasonable opportunity to

make a profit under the new contract. If no responsive offers

are received in response to a solicitation that includes such an

alternative formula, the concession opportunity shall be resolicited with the leasehold surrender interest value as described in

paragraph (3).

(5) Where a concessioner, pursuant to the terms of a concessions contract, makes a capital improvement to an existing

capital improvement in which the concessioner has a leasehold

surrender interest, the cost of such additional capital improvement shall be added to the then current value of the concessioner’s leasehold surrender interest.

(b) SPECIAL RULE FOR EXISTING POSSESSORY INTEREST.— (1) A concessioner which has obtained a possessory interest as defined pursuant to Public Law 89–249 (commonly

known as the National Park Service Concessions Policy Act; 16

U.S.C. 20 et seq.), as in effect on the day before the date of the

enactment of this Act, under the terms of a concessions contract entered into before that date shall, upon the expiration

or termination of such contract, be entitled to receive compensation for such possessory interest improvements in the

amount and manner as described by such concessions contract.

Where such a possessory interest is not described in the existing contract, compensation of possessory interest shall be determined in accordance with the laws in effect on the day before the date of enactment of this Act.

(2) In the event such prior concessioner is awarded a new

concessions contract after the effective date of this title replacing an existing concessions contract, the existing concessioner

shall, instead of directly receiving such possessory interest

compensation, have a leasehold surrender interest in its existing possessory interest improvements under the terms of the

new contract and shall carry over as the initial value of such

leasehold surrender interest (instead of construction cost) an

amount equal to the value of the existing possessory interest

as of the termination date of the previous contract. In the

event of a dispute between the concessioner and the Secretary

as to the value of such possessory interest, the matter shall be

resolved through binding arbitration.

(3) In the event that a new concessioner is awarded a concessions contract and is required to pay a prior concessioner for

possessory interest in prior improvements, the new concessioner shall have a leasehold surrender interest in such prior

improvements and the initial value in such leasehold surrender interest (instead of construction cost), shall be an
Sec. 406 P. PARK CONCESSIONS MANAGEMENT 3–64

amount equal to the value of the existing possessory interest

as of the termination date of the previous contract.

(c) TRANSITION TO SUCCESSOR CONCESSIONER.—Upon expiration or termination of a concessions contract entered into after the

effective date of this title, a concessioner shall be entitled under the

terms of the concessions contract to receive from the United States

or a successor concessioner the value of any leasehold surrender interest in a capital improvement as of the date of such expiration

or termination. A successor concessioner shall have a leasehold surrender interest in such capital improvement under the terms of a

new contract and the initial value of the leasehold surrender interest in such capital improvement (instead of construction cost) shall

be the amount of money the new concessioner is required to pay

the prior concessioner for its leasehold surrender interest under the

terms of the prior concessions contract.

(d) TITLE TO IMPROVEMENTS.—Title to any capital improvement

constructed by a concessioner on lands owned by the United States

in a unit of the National Park System shall be vested in the United

States.

(e) DEFINITIONS.—For purposes of this section:

(1) CONSUMER PRICE INDEX.—The term ‘‘Consumer Price

Index’’ means the ‘‘Consumer Price Index—All Urban Consumers’’ published by the Bureau of Labor Statistics of the Department of Labor, unless such index is not published, in

which case another regularly published cost-of-living index approximating the Consumer Price Index shall be utilized by the

Secretary; and

(2) CAPITAL IMPROVEMENT.—The term ‘‘capital improvement’’ means a structure, fixture, or nonremovable equipment

provided by a concessioner pursuant to the terms of a concessions contract and located on lands of the United States within

a unit of the National Park System.

(f) SPECIAL REPORTING REQUIREMENT.— Not later than 7 years

after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Energy and Natural Resources

of the Senate and the Committee on Resources of the House of Representatives containing a complete analysis of the concession program as well as—

(1) an assessment of competition in the solicitation of

prospectuses, fair and/or increased return to the Government,

and improvement of concession facilities and infrastructure;

and

(2) an assessment of any problems with the management

and administration of the concession program that are a direct

result of the implementation of the provisions of this title.

SEC. 406. ø16 U.S.C. 5955¿ REASONABLENESS OF RATES.

(a) IN GENERAL.—Each concessions contract shall permit the

concessioner to set reasonable and appropriate rates and charges

for facilities, goods, and services provided to the public, subject to

approval under subsection (b).

(b) APPROVAL BY SECRETARY REQUIRED.—A concessioner’s rates

and charges to the public shall be subject to approval by the Secretary. The approval process utilized by the Secretary shall be as

prompt and as unburdensome to the concessioner as possible and
3–65 Sec. 407 P. PARK CONCESSIONS MANAGEMENT

shall rely on market forces to establish reasonableness of rates and

charges to the maximum extent practicable. The Secretary shall

approve rates and charges that the Secretary determines to be reasonable and appropriate. Unless otherwise provided in the contract,

the reasonableness and appropriateness of rates and charges shall

be determined primarily by comparison with those rates and

charges for facilities, goods, and services of comparable character

under similar conditions, with due consideration to the following

factors and other factors deemed relevant by the Secretary: length

of season, peakloads, average percentage of occupancy, accessibility, availability and costs of labor and materials, and type of patronage. Such rates and charges may not exceed the market rates

and charges for comparable facilities, goods, and services, after taking into account the factors referred to in the preceding sentence.

(c) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than 6

months after receiving recommendations from the Advisory Board

established under section 409(a) regarding concessioner rates and

charges to the public, the Secretary shall implement the recommendations or report to the Congress the reasons for not implementing the recommendations.

SEC. 407. ø16 U.S.C. 5956¿ FRANCHISE FEES.

(a) IN GENERAL.—A concessions contract shall provide for payment to the government of a franchise fee or such other monetary

consideration as determined by the Secretary, upon consideration

of the probable value to the concessioner of the privileges granted

by the particular contract involved. Such probable value shall be

based upon a reasonable opportunity for net profit in relation to

capital invested and the obligations of the contract. Consideration

of revenue to the United States shall be subordinate to the objectives of protecting and preserving park areas and of providing necessary and appropriate services for visitors at reasonable rates.

(b) AMOUNT OF FRANCHISE FEE.—The amount of the franchise

fee or other monetary consideration paid to the United States for

the term of the concessions contract shall be specified in the concessions contract and may only be modified to reflect extraordinary

unanticipated changes from the conditions anticipated as of the effective date of the contract. The Secretary shall include in concessions contracts with a term of more than 5 years a provision which

allows reconsideration of the franchise fee at the request of the

Secretary or the concessioner in the event of such extraordinary

unanticipated changes. Such provision shall provide for binding arbitration in the event that the Secretary and the concessioner are

unable to agree upon an adjustment to the franchise fee in these

circumstances.

(c) SPECIAL ACCOUNT.—All franchise fees (and other monetary

consideration) paid to the United States pursuant to concessions

contracts shall be deposited into a special account established in

the Treasury of the United States. Twenty percent of the funds deposited in the special account shall be available for expenditure by

the Secretary, without further appropriation, to support activities

throughout the National Park System regardless of the unit of the

National Park System in which the funds were collected. The funds

deposited into the special account shall remain available until expended.
Sec. 408 P. PARK CONCESSIONS MANAGEMENT 3–66

(d) SUBACCOUNT FOR EACH UNIT.—There shall be established

within the special account required under subsection (c) a subaccount for each unit of the National Park System. Each subaccount shall be credited with 80 percent of the franchise fees (and

other monetary consideration) collected at a single unit of the National Park System under concessions contracts. The funds credited

to the subaccount for a unit of the National Park System shall be

available for expenditure by the Secretary, without further appropriation, for use at the unit for visitor services and for purposes of

funding high-priority and urgently necessary resource management

programs and operations. The funds credited to a subaccount shall

remain available until expended.

SEC. 408. ø16 U.S.C. 5957¿ TRANSFER OF CONCESSIONS CONTRACTS.

(a) APPROVAL OF THE SECRETARY.—No concessions contract or

leasehold surrender interest may be transferred, assigned, sold, or

otherwise conveyed or pledged by a concessioner without prior written notification to, and approval by, the Secretary.

(b) CONDITIONS.—The Secretary shall approve a transfer or

conveyance described in subsection (a) unless the Secretary finds

that—

(1) the individual, corporation or entity seeking to acquire

a concessions contract is not qualified or able to satisfy the

terms and conditions of the concessions contract;

(2) such transfer or conveyance would have an adverse impact on (A) the protection, conservation, or preservation of the

resources of the unit of the National Park System or (B) the

provision of necessary and appropriate facilities and services to

visitors at reasonable rates and charges; and

(3) the terms of such transfer or conveyance are likely, directly or indirectly, to reduce the concessioner’s opportunity for

a reasonable profit over the remaining term of the contract, adversely affect the quality of facilities and services provided by

the concessioner, or result in a need for increased rates and

charges to the public to maintain the quality of such facilities

and services.

(c) TRANSFER TERMS.—The terms and conditions of any contract under this section shall not be subject to modification or open

to renegotiation by the Secretary because of a transfer or conveyance described in subsection (a), unless such transfer or conveyance

would have an adverse impact as described in paragraph (2) of subsection (b).

SEC. 409. ø16 U.S.C. 5958¿ NATIONAL PARK SERVICE CONCESSIONS

MANAGEMENT ADVISORY BOARD.

(a) ESTABLISHMENT.—There is hereby established a National

Park Service Concessions Management Advisory Board (in this title

referred to as the ‘‘Advisory Board’’) whose purpose shall be to advise the Secretary and National Park Service on matters relating

to management of concessions in the National Park System.

(b) DUTIES.— (1) ADVICE.—The Advisory Board shall advise on each of

the following:

(A) Policies and procedures intended to assure that

services and facilities provided by concessioners are necessary and appropriate, meet acceptable standards at rea-
3–67 Sec. 409 P. PARK CONCESSIONS MANAGEMENT

sonable rates with a minimum of impact on park resources

and values, and provide the concessioners with a reasonable opportunity to make a profit.

(B) Ways to make National Park Service concessions

programs and procedures more cost effective, more process

efficient, less burdensome, and timelier.

(2) RECOMMENDATIONS.—The Advisory Board shall make

recommendations to the Secretary regarding each of the following:

(A) National Park Service contracting with the private

sector to conduct appropriate elements of concessions management and providing recommendations to make more efficient, less burdensome, and timelier the review or approval of concessioner rates and charges to the public.

(B) The nature and scope of products which qualify as

Indian, Alaska Native, and Native Hawaiian handicrafts

within this meaning of this title.

(C) The allocation of concession fees.

The initial recommendations under subparagraph (A) relating

to rates and charges shall be submitted to the Secretary not

later than one year after the first meeting of the Board.

(3) ANNUAL REPORT.—The Advisory Board, commencing

with the first anniversary of its initial meeting, shall provide

an annual report on its activities to the Committee on Resources of the United States House of Representatives and the

Committee on Energy and Natural Resources of the United

States Senate.

(c) ADVISORY BOARD MEMBERSHIP.—Members of the Advisory

Board shall be appointed on a staggered basis by the Secretary for

a term not to exceed 4 years and shall serve at the pleasure of the

Secretary. The Advisory Board shall be comprised of not more than

seven individuals appointed from among citizens of the United

States not in the employment of the Federal Government and not

in the employment of or having an interest in a National Park

Service concession. Of the seven members of the Advisory Board—

(1) one member shall be privately employed in the hospitality industry and have both broad knowledge of hotel or food

service management and experience in the parks and recreation concessions business;

(2) one member shall be privately employed in the tourism

industry;

(3) one member shall be privately employed in the accounting industry;

(4) one member shall be privately employed in the outfitting and guide industry;

(5) one member shall be a State government employee

with expertise in park concession management;

(6) one member shall be active in promotion of traditional

arts and crafts; and

(7) one member shall be active in a nonprofit conservation

organization involved in parks and recreation programs.

(d) TERMINATION.—The Advisory Board shall continue to exist

until December 31, 2008. In all other respects, it shall be subject

to the provisions of the Federal Advisory Committee Act.
Sec. 410 P. PARK CONCESSIONS MANAGEMENT 3–68

(e) SERVICE ON ADVISORY BOARD.—Service of an individual as

a member of the Advisory Board shall not be considered as service

or employment bringing such individual within the provisions of

any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment

or receipt of compensation in connection with claims, proceedings,

or matters involving the United States. Service as a member of the

Advisory Board shall not be considered service in an appointive or

elective position in the Government for purposes of section 8344 of

title 5, United States Code, or other comparable provisions of Federal law.

SEC. 410. ø16 U.S.C. 5959¿ CONTRACTING FOR SERVICES.

(a) CONTRACTING AUTHORIZED.—(1) To the maximum extent

practicable, the Secretary shall contract with private entities to

conduct or assist in those elements of the management of the National Park Service concessions program considered by the Secretary to be suitable for non-Federal performance. Such management elements include each of the following:

(A) Health and safety inspections.

(B) Quality control of concessions operations and facilities.

(C) Strategic capital planning for concessions facilities.

(D) Analysis of rates and charges to the public.

(2) The Secretary may also contract with private entities to assist the Secretary with each of the following:

(A) Preparation of the financial aspects of prospectuses for

National Park Service concessions contracts.

(B) Development of guidelines for a national park system

capital improvement and maintenance program for all concession occupied facilities.

(C) Making recommendations to the Director of the National Park Service regarding the conduct of annual audits of

concession fee expenditures.

(b) OTHER MANAGEMENT ELEMENTS.—The Secretary shall also

consider, taking into account the recommendations of the Advisory

Board, contracting out other elements of the concessions management program, as appropriate.

(c) CONDITION.—Nothing in this section shall diminish the governmental responsibilities and authority of the Secretary to administer concessions contracts and activities pursuant to this title and

the Act of August 25, 1916 (commonly known as the National Park

Service Organic Act; 16 U.S.C. 1 et seq.). The Secretary reserves

the right to make the final decision or contract approval on contracting services dealing with the management of the National

Park Service concessions program under this section.

SEC. 411. ø16 U.S.C. 5960¿ MULTIPLE CONTRACTS WITHIN A PARK.

If multiple concessions contracts are awarded to authorize concessioners to provide the same or similar outfitting, guiding, river

running, or other similar services at the same approximate location

or resource within a specific national park, the Secretary shall establish a comparable franchise fee structure for all such same or

similar contracts, except that the terms and conditions of any existing concessions contract shall not be subject to modification or open
3–69 Sec. 416 P. PARK CONCESSIONS MANAGEMENT

to renegotiation by the Secretary because of an award of a new contract at the same approximate location or resource.

SEC. 412. ø16 U.S.C. 5961¿ SPECIAL RULE FOR TRANSPORTATION CONTRACTING SERVICES.

(a) IN GENERAL.—Notwithstanding any other provision of law,

a service contract entered into by the Secretary for the provision

solely of transportation services in a unit of the National Park System shall be no more than 10 years in length, including a base period of 5 years and annual extensions for an additional 5-year period based on satisfactory performance and approval by the Secretary.

(b) OBLIGATION OF FUNDS.—Notwithstanding any other provision of law, with respect to a service contract for the provision solely of transportation services at Zion National Park, the Secretary

may obligate the expenditure of fees received in fiscal year 2001

under section 501 before the fees are received.

SEC. 413. ø16 U.S.C. 5962¿ USE OF NONMONETARY CONSIDERATION IN

CONCESSIONS CONTRACTS.

Section 321 of the Act of June 30, 1932 (40 U.S.C. 303b), relating to the leasing of buildings and properties of the United States,

shall not apply to contracts awarded by the Secretary pursuant to

this title.

SEC. 414. ø16 U.S.C. 5963¿ RECORDKEEPING REQUIREMENTS.

(a) IN GENERAL.—Each concessioner shall keep such records as

the Secretary may prescribe to enable the Secretary to determine

that all terms of the concessions contract have been and are being

faithfully performed, and the Secretary and any duly authorized

representative of the Secretary shall, for the purpose of audit and

examination, have access to such records and to other books, documents, and papers of the concessioner pertinent to the contract and

all terms and conditions thereof.

(b) ACCESS TO RECORDS.—The Comptroller General or any duly

authorized representative of the Comptroller General shall, until

the expiration of 5 calendar years after the close of the business

year of each concessioner or subconcessioner, have access to and

the right to examine any pertinent books, papers, documents and

records of the concessioner or subconcessioner related to the contract or contracts involved.

SEC. 415. REPEAL OF NATIONAL PARK SERVICE CONCESSIONS POLICY

ACT.

(a) [Omitted—Amendment]

(b) CONFORMING AMENDMENTS.—[Omitted—Amendments]

(c) ø16 U.S.C. 5951 note¿ ANILCA.—Nothing in this title

amends, supersedes, or otherwise affects any provision of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et

seq.) relating to revenue-producing visitor services.

SEC. 416. ø16 U.S.C. 5964¿ PROMOTION OF THE SALE OF INDIAN, ALASKA NATIVE, NATIVE SAMOAN, AND NATIVE HAWAIIAN

HANDICRAFTS.

(a) IN GENERAL.—Promoting the sale of authentic United

States Indian, Alaskan Native, Native Samoan, and Native Hawaiian handicrafts relating to the cultural, historical, and geographic

characteristics of units of the National Park System is encouraged,

and the Secretary shall ensure that there is a continuing effort to
Sec. 417 P. PARK CONCESSIONS MANAGEMENT 3–70

enhance the handicraft trade where it exists and establish the

trade in appropriate areas where such trade currently does not

exist.

(b) EXEMPTION FROM FRANCHISE FEE.—In furtherance of these

purposes, the revenue derived from the sale of United States Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts shall be exempt from any franchise fee payments under this

title.

SEC. 417. ø16 U.S.C. 5965¿ REGULATIONS.

As soon as practicable after the effective date of this title, the

Secretary shall promulgate regulations appropriate for its implementation. Among other matters, such regulations shall include appropriate provisions to ensure that concession services and facilities to be provided in a unit of the National Park System are not

segmented or otherwise split into separate concessions contracts for

the purposes of seeking to reduce anticipated annual gross receipts

of a concessions contract below $500,000. The Secretary shall also

promulgate regulations which further define the term ‘‘United

States Indian, Alaskan Native, and Native Hawaiian handicrafts’’

for the purposes of this title.

SEC. 418. ø16 U.S.C. 5966¿ COMMERCIAL USE AUTHORIZATIONS.

(a) IN GENERAL.—To the extent specified in this section, the

Secretary, upon request, may authorize a private person, corporation, or other entity to provide services to visitors to units of the

National Park System through a commercial use authorization.

Such authorizations shall not be considered as concessions contracts pursuant to this title nor shall other sections of this title be

applicable to such authorizations except where expressly so stated.

(b) CRITERIA FOR ISSUANCE OF AUTHORIZATIONS.— (1) REQUIRED DETERMINATIONS.—The authority of this section may be used only to authorize provision of services that

the Secretary determines will have minimal impact on resources and values of the unit of the National Park System

and are consistent with the purpose for which the unit was established and with all applicable management plans and park

policies and regulations.

(2) ELEMENTS OF AUTHORIZATION.—The Secretary shall— (A) require payment of a reasonable fee for issuance of

an authorization under this section, such fees to remain

available without further appropriation to be used, at a

minimum, to recover associated management and administrative costs;

(B) require that the provision of services under such

an authorization be accomplished in a manner consistent

to the highest practicable degree with the preservation and

conservation of park resources and values;

(C) take appropriate steps to limit the liability of the

United States arising from the provision of services under

such an authorization; and

(D) have no authority under this section to issue more

authorizations than are consistent with the preservation

and proper management of park resources and values, and

shall establish such other conditions for issuance of such

an authorization as the Secretary determines appropriate
3–71 Sec. 419 P. PARK CONCESSIONS MANAGEMENT

for the protection of visitors, provision of adequate and appropriate visitor services, and protection and proper management of the resources and values of the park.

(c) LIMITATIONS.—Any authorization issued under this section

shall be limited to—

(1) commercial operations with annual gross receipts of not

more than $25,000 resulting from services originating and provided solely within a unit of the National Park System pursuant to such authorization;

(2) the incidental use of resources of the unit by commercial operations which provide services originating and terminating outside of the boundaries of the unit; or

(3) such uses by organized children’s camps, outdoor clubs

and nonprofit institutions (including back country use) and

such other uses as the Secretary determines appropriate.

Nonprofit institutions are not required to obtain commercial use

authorizations unless taxable income is derived by the institution

from the authorized use.

(d) PROHIBITION ON CONSTRUCTION.—An authorization issued

under this section shall not provide for the construction of any

structure, fixture, or improvement on federally-owned lands within

the boundaries of a unit of the National Park System.

(e) DURATION.—The term of any authorization issued under

this section shall not exceed 2 years. No preferential right of renewal or similar provisions for renewal shall be granted by the Secretary.

(f) OTHER CONTRACTS.—A person, corporation, or other entity

seeking or obtaining an authorization pursuant to this section shall

not be precluded from also submitting proposals for concessions

contracts.

SEC. 419. ø16 U.S.C. 5951 note¿ SAVINGS PROVISION.

(a) TREATMENT OF GLACIER BAY CONCESSION PERMITS PROSPECTUS.—Nothing contained in this title shall authorize or require

the Secretary to withdraw, revise, amend, modify, or reissue the

February 19, 1998, Prospectus Under Which Concession Permits

Will be Open for Competition for the Operation of Cruise Ship

Services Within Glacier Bay National Park and Preserve (in this

section referred to as the ‘‘1998 Glacier Bay Prospectus’’). The

award of concession permits pursuant to the 1998 Glacier Bay Prospectus shall be under provisions of existing law at the time the

1998 Glacier Bay Prospectus was issued.

(b) PREFERENTIAL RIGHT OF RENEWAL.—Notwithstanding any

provision of this title, the Secretary, in awarding future Glacier

Bay cruise ship concession permits covering cruise ship entries for

which a preferential right of renewal existed prior to the effective

date of this title, shall provide for such cruise ship entries a preferential right of renewal, as described in subparagraphs (C) and

(D) of section 403(7). Any Glacier Bay concession permit awarded

under the authority contained in this subsection shall expire by December 31, 2009.
4–1

4. PUBLIC LAW 88–29

(POPULARLY KNOWN AS THE OUTDOOR RECREATION ACT OF 1963)

[As Amended Through Public Law 106–580, Dec. 31, 2000]

4–3

4. PUBLIC LAW 88–29

(POPULARLY KNOWN AS THE OUTDOOR RECREATION ACT OF 1963)

(Act of May 28, 1963; 77 Stat. 49; 16 U.S.C. 460l through 460l–3)

AN ACT To promote the coordination and development of effective programs

relating to outdoor recreation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, ø16 U.S.C. 460l¿

That 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.

SEC. 2. ø16 U.S.C. 460l–1¿ In order to carry out the purposes

of this Act, the Secretary of the Interior is authorized to perform

the following functions and activities:

(a) INVENTORY.—Prepare and maintain a continuing inventory

and evaluation of outdoor recreation needs and resources of the

United States.

(b) CLASSIFICATION.—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.—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 hereafter, 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.—Provide technical assistance and

advice to and cooperate with States, political subdivisions, and private interests, including nonprofit organizations, with respect to

outdoor recreation.
Sec. 3 OUTDOOR RECREATION ACT OF 1963 4–4

1 In subsection (f), section 3648 of the Revised Statutes is no longer classified to 31 U.S.C.

529, but has instead been included in the codification of such title as subsections (a) and (b)

of section 3324.

(e) 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 3648 of the Revised Statutes (31 U.S.C. 529) 1 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,

title 39, United States Code, 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) INTERDEPARTMENTAL COOPERATION.—(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 Act, and (2) promote coordination of

Federal plans and activities generally relating to outdoor recreation. Any department or agency furnishing advice or assistance

hereunder may expand 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 Act.

SEC. 3. ø16 U.S.C. 460l–2¿ In order further to carry out the

policy declared in section 1 of this Act, 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 Act which are pertinent to their work, and (b) carry out such

responsibilities in general conformance with the nationwide plan

authorized under section 2(c) of this Act.

SEC. 4. ø16 U.S.C. 460l–3¿ As used in this Act, the term

‘‘United States’’ shall include the District of Columbia and the

terms ‘‘United States’’ and ‘‘States’’ may, to the extent practicable,

include the Commonwealth of Puerto Rico, the Virgin Islands,

Guam, American Samoa, the Trust Territory of the Pacific Islands,

and the Commonwealth of the Northern Mariana Islands.
5–1

5. PUBLIC LAW 90–209

(POPULARLY KNOWN AS THE NATIONAL PARK FOUNDATION ACT)

[As Amended Through Public Law 106–580, Dec. 31, 2000]

5–3

5. PUBLIC LAW 90–209

(POPULARLY KNOWN AS THE NATIONAL PARK FOUNDATION ACT)

(Act of Dec. 18, 1967; 81 Stat. 656; 16 U.S.C. 19e through 19n)

AN ACT To establish the National Park Foundation.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, ø16 U.S.C. 19e¿

That 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.

SEC. 2. ø16 U.S.C. 19f¿ 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
Sec. 4 NATIONAL PARK FOUNDATION ACT 5–4

hereby abolished, and the Act of July 10, 1935 (49 Stat. 477; 16

U.S.C. 19 et seq.), as amended, is hereby repealed.

SEC. 3. ø16 U.S.C. 19g¿ 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.

SEC. 4. ø16 U.S.C. 19h¿ 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.

SEC. 5. ø16 U.S.C. 19i¿ 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.

SEC. 6. ø16 U.S.C. 19j¿ 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.

SEC. 7. ø16 U.S.C. 19k¿ In carrying out the provisions of this

Act, the Board may adopt bylaws, rules, and regulations necessary

for the administration of its functions and contract for any necessary services.

SEC. 8. ø16 U.S.C. 19l¿ The Foundation and any income or

property received or owned by it, and all transactions relating to
5–5 Sec. 11 NATIONAL PARK FOUNDATION ACT

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.

SEC. 9. ø16 U.S.C. 19m¿ The United States shall not be liable

for any debts, defaults, acts, or omissions of the Foundation.

SEC. 10. ø16 U.S.C. 19n¿ The Foundation shall, as soon as

practicable after the end of each fiscal year, transmit to Congress

an annual report of its proceedings and activities, including a full

and complete statement of its receipts, expenditures, and

investments.

SEC. 11. ø16 U.S.C. 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) 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) shall include

the greatest number of national park units as is practicable.

(d) REQUIREMENTS.—The program under subsection (a) shall

include, at a minimum—

(1) a standard adaptable organizational design format to

establish and sustain responsible 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) in the annual report of the

Foundation.

(f) AFFILIATIONS.—

(1) CHARTER OR CORPORATE BYLAWS.—Nothing in this section requires—
Sec. 11 NATIONAL PARK FOUNDATION ACT 5–6

(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.
6–1

6. PUBLIC LAW 94–429

(POPULARLY KNOWN AS THE MINING IN THE PARKS ACT)

[As Amended Through Public Law 106–580, Dec. 31, 2000]

6–3

1Sections 4 through 7 of this Act are omitted from commercial publications of the United

States Code since the sections were of temporary validity.

6. PUBLIC LAW 94–429

(POPULARLY KNOWN AS THE MINING IN THE PARKS ACT)

(Act of Sept. 28, 1976; 90 Stat. 1342; 16 U.S.C. 1901 through 1912)

AN ACT To provide for the regulation of mining activity within, and to repeal the

application of mining laws to, areas of the National Park System, and for other

purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, ø16 U.S.C. 1901¿

That the Congress finds and declares that— (a) the level of technology of mineral exploration and development has changed radically in recent years and continued

application of the mining laws of the United States to those

areas of the National Park System to which it applies, conflicts

with the purposes for which they were established; and

(b) all mining operations in areas of the National Park

System should be conducted so as to prevent or minimize damage to the environment and other resource values, and, in certain areas of the National Park System, surface disturbance

from mineral development should be temporarily halted while

Congress determines whether or not to acquire any valid mineral rights which may exist in such areas.

SEC. 2. ø16 U.S.C. 1902¿ In order to preserve for the benefit

of present and future generations the pristine beauty of areas of

the National Park System, and to further the purposes of the Act

of August 25, 1916, as amended (16 U.S.C. 1) and the individual

organic Acts for the various areas of the National Park System, all

activities resulting from the exercise of valid existing mineral

rights on patented or unpatented mining claims within any area of

the National Park System shall be subject to such regulations prescribed by the Secretary of the Interior as he deems necessary or

desirable for the preservation and management of those areas.

SEC. 3. [Omitted-Amendments]

SEC. 4. 1 ø16 U.S.C. 1903¿ For a period of four years after the

date of enactment of this Act, holders of valid mineral rights located within the boundaries of Death Valley National Monument,

Mount McKinley National Park, and Organ Pipe Cactus National

Monument shall not disturb for purposes of mineral exploration or

development the surface of any lands which had not been significantly disturbed for purposes of mineral extraction prior to Feb-
Sec. 4 MINING IN THE PARKS ACT 6–4

ruary 29, 1976: Provided, That if the Secretary finds that enlargement of the existing excavation of an individual mining operation

is necessary in order to make feasible continued production therefrom at an annual rate not to exceed the average annual production level of said operation for the three calendar years 1973, 1974,

and 1975, the surface of lands contiguous to the existing excavation

may be disturbed to the minimum extent necessary to effect such

enlargement, subject to such regulations as may be issued by the

Secretary under section 2 of this Act. For purposes of this section,

each separate mining excavation shall be treated as an individual

mining operation.

SEC. 5. ø16 U.S.C. 1904¿ The requirements for annual expenditures on mining claims imposed by Revised Statute 2324 (30 U.S.C.

28) shall not apply to any claim subject to section 4 of this Act during the time such claim is subject to such section.

SEC. 6. ø16 U.S.C. 1905¿ Within two years after the date of enactment of this Act, the Secretary of the Interior shall determine

the validity of any unpatented mining claims within Glacier Bay

National Monument, Death Valley and Organ Pipe Cactus National

Monuments and Mount McKinley National Park and submit to the

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. The Secretary shall also study and within two years submit

to Congress his recommendations for modifications or adjustments

to the existing boundaries of the Death Valley National Monument

and the Glacier Bay National Monument to exclude significant

mineral deposits and to decrease possible acquisition costs.

SEC. 7. ø16 U.S.C. 1906¿ Within four years after the date of

enactment of this Act, the Secretary of the Interior shall determine

the validity of any unpatented mining claims within Crater Lake

National Park, Coronado National Memorial, and Glacier Bay National Monument, and submit to the Congress recommendations as

to whether any valid or patented claims should be acquired by the

United States.

SEC. 8. ø16 U.S.C. 1907¿ All mining claims under the Mining

Law of 1872, as amended and supplemented (30 U.S.C. chapters 2,

12A, and 16 and sections 161 and 162) which lie within the boundaries of units of the National Park System shall be recorded with

the Secretary of the Interior within one year after the effective date

of this Act. Any mining claim not so recorded shall be conclusively

presumed to be abandoned and shall be void. Such recordation will

not render valid any claim which was not valid on the effective

date of this Act, or which becomes invalid thereafter. Within thirty

days following the date of enactment of this Act, the Secretary

shall publish notice of the requirement for such recordation in the

Federal Register. He shall also publish similar notices in news-
6–5 Sec. 12 MINING IN THE PARKS ACT

1The units of the National Park System listed in section 3 are Crater Lake National Park,

Mount McKinley National Park, Death Valley National Monument, Glacier Bay National Monument, Coronado National Memorial, and Organ Pipe Cactus National Monument.

papers of general circulation in the areas adjacent to those units

of the National Park System listed in section 3 of this Act. 1

SEC. 9. ø16 U.S.C. 1908¿ (a) Whenever the Secretary of the Interior finds on his own motion or upon being notified in writing by

an appropriate scientific, historical, or archeological authority, that

a district, site, building, structure, or object which has been found

to be nationally significant in illustrating natural history or the

history of the United States and which has been designated as a

natural or historical landmark may be irreparably lost or destroyed

in whole or in part by any surface mining activity, including exploration for or removal or production of minerals or materials, he

shall notify the person conducting such activity and submit a report thereon, including the basis for his finding that such activity

may cause irreparable loss or destruction of a national landmark,

to the Advisory Council on Historic Preservation, with a request for

advice of the Council as to alternative measures that may be taken

by the United States to mitigate or abate such activity.

(b) The Council shall within two years from the effective date

of this section submit to the Congress a report on the actual or potential effects of surface mining activities on natural and historical

landmarks and shall include with its report its recommendations

for such legislation as may be necessary and appropriate to protect

natural and historical landmarks from activities, including surface

mining activities, which may have an adverse impact on such landmarks.

SEC. 10. ø16 U.S.C. 1909¿ If any provision of this Act is declared to be invalid, such declaration shall not affect the validity

of any other provision hereof.

SEC. 11. ø16 U.S.C. 1910¿ The holder of any patented or

unpatented mining claim subject to this Act who believes he has

suffered a loss by operation of this Act, or by orders or regulations

issued pursuant thereto, may bring an action 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.

SEC. 12. ø16 U.S.C. 1911¿ Nothing in this Act shall be construed to limit the authority of the Secretary to acquire lands and

interests in lands within the boundaries of any unit of the National

Park System. The Secretary is to give prompt and careful consideration to any offer made by the owner of any valid right or other

property within the areas named in section 6 of this Act to sell

such right or other property, if such owner notifies the Secretary

that the continued ownership of such right or property is causing,

or would result in, undue hardship.
Sec. 13 MINING IN THE PARKS ACT 6–6

SUNSHINE IN GOVERNMENT

SEC. 13. ø16 U.S.C. 1912¿ (a) Each officer or employee of the

Secretary of the Interior who—

(1) performs any function or duty under this Act, or any

Acts amended by this Act concerning the regulation of mining

within the National Park System; and

(2) has any known financial interest (A) in any person subject to such Acts, or (B) in any person who holds a mining

claim within the boundaries of units of the National Park System;

shall, beginning on February 1, 1977, annually file with the Secretary a written statement concerning all such interests held by

such officer or employee during the preceding calendar year. Such

statement shall be available to the public.

(b) The Secretary shall—

(1) act within ninety days after the date of enactment of

this Act—

(A) to define the term ‘‘known financial interest’’ for

purposes of subsection (a) of this section; and

(B) to establish the methods by which the requirement

to file written statements specified in subsection (a) of this

section will be monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements and the review by the Secretary of

such statements; and

(2) report to the Congress on June 1 of each calendar year

with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year.

(c) In the rules prescribed in subsection (b) of this section, the

Secretary may identify specific positions within such agency which

are of a nonregulatory or nonpolicymaking nature and provide that

officers or employees occupying such positions shall be exempt from

the requirements of this section.

(d) Any officer or employee who is subject to, and knowingly

violates, this section or any regulation issued thereunder, shall be

fined not more than $2,500 or imprisoned not more than one year,

or both.
7–1

7. PUBLIC LAW 101–337

(PARK SYSTEM RESOURCE PROTECTION)

[As Amended Through Public Law 106–580, Dec. 31, 2000]

7–3

7. PUBLIC LAW 101–337

(PARK SYSTEM RESOURCE PROTECTION)

(Act of July 27, 1990; 104 Stat. 379; 16 U.S.C. 19jj through 19jj–4

AN ACT To improve the ability of the Secretary of the Interior to properly manage

certain resources of the National Park System.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

SECTION 1. ø16 U.S.C. 19jj¿ DEFINITIONS.

As used in this Act 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 3(b).

(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.

SEC. 2. ø16 U.S.C. 19jj–1¿ LIABILITY.

(a) IN GENERAL.—Subject to subsection (c), 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.
Sec. 3 PARK SYSTEM RESOURCE PROTECTION 7–4

(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).

(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.

SEC. 3. ø16 U.S.C. 19jj–2¿ ACTIONS.

(a) CIVIL ACTIONS FOR RESPONSE COSTS AND DAMAGES.—The Attorney General, upon request of the Secretary after a finding by the

Secretary—

(1) of damage to a park system resource; or

(2) that absent the undertaking of response costs, damage to

a park system resource would have occurred;

may commence a civil action in the United States district court for

the appropriate district against any person who may be liable

under section 2 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 2.

(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.

SEC. 4. ø16 U.S.C. 19jj–3¿ USE OF RECOVERED AMOUNTS.

Response costs and damages recovered by the Secretary under

the provisions of this Act 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,
7–5 Sec. 5 PARK SYSTEM RESOURCE PROTECTION

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) shall be deposited

into the General Fund of the United States Treasury.

(d) REPORT TO CONGRESS.—The Secretary shall report

annually to the Committee on Appropriations and the Committee on Energy and Natural Resources of the United States

Senate and the Committee on Appropriations and the Committee on Natural Resources of the United States House of

Representatives on funds expended pursuant to this Act. The

report shall contain a detailed analysis and accounting of all

funds recovered and expended, including, but not limited to,

donations received pursuant to section 5, projects undertaken,

and monies returned to the Treasury.

SEC. 5. ø16 U.S.C. 19jj–4¿ DONATIONS.

The Secretary may accept donations of money or services for expenditure or employment to meet expected, immediate, or ongoing

response costs. Such donations may be expended or employed at

any time after their acceptance, without further congressional

action.
11–1

PART II—ANTIQUITIES AND HISTORIC PRESERVATION

11. NATIONAL HISTORIC PRESERVATION ACT (AND

RELATED LAWS)

[As Amended Through Public Law 106–580, Dec. 31, 2000]

11–3

A. NATIONAL HISTORIC PRESERVATION ACT

(Public Law 89–665; Approved October 15, 1966; 16 U.S.C. 470 through 470x–6)

AN ACT To establish a program for the preservation of additional historic

properties throughout the Nation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

SEC. 1. ø16 U.S.C. 470¿ (a) This Act may be cited as the ‘‘National Historic Preservation Act’’.

(b) The Congress finds and declares that—

(1) the spirit and direction of the Nation are founded upon

and reflected in its historic heritage;

(2) the historical and cultural foundations of the Nation

should be preserved as a living part of our community life and

development in order to give a sense of orientation to the

American people;

(3) historic properties significant to the Nation’s heritage

are being lost or substantially altered, often inadvertently,

with increasing frequency;

(4) the preservation of this irreplaceable heritage is in the

public interest so that its vital legacy of cultural, educational,

aesthetic, inspirational, economic, and energy benefits will be

maintained and enriched for future generations of Americans;

(5) in the face of ever-increasing extensions of urban centers, highways, and residential, commercial, and industrial developments, the present governmental and nongovernmental

historic preservation programs and activities are inadequate to

insure future generations a genuine opportunity to appreciate

and enjoy the rich heritage of our Nation;

(6) the increased knowledge of our historic resources, the

establishment of better means of identifying and administering

them, and the encouragement of their preservation will improve the planning and execution of Federal and federally assisted projects and will assist economic growth and development; and

(7) although the major burdens of historic preservation

have been borne and major efforts initiated by private agencies

and individuals, and both should continue to play a vital role,

it is nevertheless necessary and appropriate for the Federal

Government to accelerate its historic preservation programs

and activities, to give maximum encouragement to agencies

and individuals undertaking preservation by private means,

and to assist State and local governments and the National

Trust for Historic Preservation in the United States to expand
Sec. 2 NATIONAL HISTORIC PRESERVATION ACT 11–4

and accelerate their historic preservation programs and activities.

SEC. 2. ø16 U.S.C. 470–1¿ It shall be the policy of the Federal

Government, in cooperation with other nations and in partnership

with the States, local governments, Indian tribes, and private organizations and individuals to—

(1) use measures, including financial and technical assistance, to foster conditions under which our modern society and

our prehistoric and historic resources can exist in productive

harmony and fulfill the social, economic, and other requirements of present and future generations;

(2) provide leadership in the preservation of the prehistoric

and historic resources of the United States and of the international community of nations and in the administration of the

national preservation program in partnership with States, Indian tribes, Native Hawaiians, and local governments;

(3) administer federally owned, administered, or controlled

prehistoric and historic resources in a spirit of stewardship for

the inspiration and benefit of present and future generations;

(4) contribute to the preservation of nonfederally owned

prehistoric and historic resources and give maximum encouragement to organizations and individuals undertaking preservation by private means;

(5) encourage the public and private preservation and utilization of all usable elements of the Nation’s historic built environment; and

(6) assist State and local governments, Indian tribes and

Native Hawaiian organizations and the National Trust for Historic Preservation in the United States to expand and accelerate their historic preservation programs and activities.

TITLE I

SEC. 101. ø16 U.S.C. 470a¿ (a)(1)(A) The Secretary of the Interior is authorized to expand and maintain a National Register of

Historic Places composed of districts, sites, buildings, structures,

and objects significant in American history, architecture, archeology, engineering, and culture. Notwithstanding section 43(c) of

the Act entitled ‘‘An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions

of certain international conventions, and for other purposes’’, approved July 5, 1946 (commonly known as the ‘‘Trademark Act of

1946’’ (15 U.S.C. 1125(c))), buildings and structures on or eligible

for inclusion on the National Register of Historic Places (either individually or as part of a historic district), or designated as an individual landmark or as a contributing building in a historic district

by a unit of State or local government, may retain the name historically associated with the building or structure.

(B) Properties meeting the criteria for National Historic Landmarks established pursuant to paragraph (2) shall be designated as

‘‘National Historic Landmarks’’ and included on the National Register, subject to the requirements of paragraph (6). All historic
11–5 Sec. 101 NATIONAL HISTORIC PRESERVATION ACT

properties included on the National Register on the date of the enactment of the National Historic Preservation Act Amendments of

1980 shall be deemed to be included on the National Register as

of their initial listing for purposes of this Act. All historic properties listed in the Federal Register of February 6, 1979, as ‘‘National Historic Landmarks’’ or thereafter prior to the effective date

of this Act are declared by Congress to be National Historic Landmarks of national historic significance as of their initial listing as

such in the Federal Register for purposes of this Act and the Act

of August 21, 1935 (49 Stat. 666); except that in cases of National

Historic Landmark districts for which no boundaries have been established, boundaries must first be published in the Federal Register.

(2) The Secretary in consultation with national historical and

archaeological associations, shall establish or revise criteria for

properties to be included on the National Register and criteria for

National Historic Landmarks, and shall also promulgate or revise

regulations as may be necessary for— (A) nominating properties for inclusion in, and removal

from, the National Register and the recommendation of properties by certified local governments;

(B) designating properties as National Historic Landmarks

and removing such designation;

(C) considering appeals from such recommendations, nominations, removals, and designations (or any failure or refusal

by a nominating authority to nominate or designate);

(D) nominating historic properties for inclusion in the

World Heritage List in accordance with the terms of the Convention concerning the Protection of the World Cultural and

Natural Heritage;

(E) making determinations of eligibility of properties for

inclusion on the National Register; and

(F) notifying the owner of a property, and appropriate local

governments, and the general public, when the property is

being considered for inclusion on the National Register, for

designation as a National Historic Landmark or for nomination

to the World Heritage List.

(3) Subject to the requirements of paragraph (6), any State

which is carrying out a program approved under subsection (b),

shall nominate to the Secretary properties which meet the criteria

promulgated under subsection (a) for inclusion on the National

Register. Subject to paragraph (6), any property nominated under

this paragraph or under section 110(a)(2) shall be included on the

National Register on the date forty-five days after receipt by the

Secretary of the nomination and the necessary documentation, unless the Secretary disapproves such nomination within such fortyfive day period or unless an appeal is filed under paragraph (5).

(4) Subject to the requirements of paragraph (6) the Secretary

may accept a nomination directly from any person or local government for inclusion of a property on the National Register only if

such property is located in a State where there is no program approved under subsection (b). The Secretary may include on the National Register any property for which such a nomination is made

if he determines that such property is eligible in accordance with

the regulations promulgated under paragraph (2). Such determina-
Sec. 101 NATIONAL HISTORIC PRESERVATION ACT 11–6

tion shall be made within ninety days from the date of the nomination unless the nomination is appealed under paragraph (5).

(5) Any person or local government may appeal to the Secretary a nomination of any historic property for inclusion on the

National Register and may appeal to the Secretary the failure or

refusal of a nominating authority to nominate a property in accordance with this subsection.

(6) The Secretary shall promulgate regulations requiring that

before any property or district may be included on the National

Register or designated as a National Historic Landmark, the owner

or owners or such property, or a majority of the owners of the properties within the district in the case of an historic district, shall be

given the opportunity (including a reasonable period of time) to

concur in, or object to, the nomination of the property or district

for such inclusion or designation. If the owner or owners of any privately owned property, or a majority of the owners of such properties within the district in the case of an historic district, object

to such inclusion or designation, such property shall not be included on the National Register or designated as a National Historic Landmark until such objection is withdrawn. The Secretary

shall review the nomination of the property or district where any

such objection has been made and shall determine whether or not

the property or district is eligible for such inclusion or designation,

and if the Secretary determines that such property or district is eligible for such inclusion or designation, he shall inform the Advisory

Council on Historic Preservation, the appropriate State Historic

Preservation Officer, the appropriate chief elected local official and

the owner or owners of such property, of his determination. The

regulations under this paragraph shall include provisions to carry

out the purposes of this paragraph in the case of multiple ownership of a single property.

(7) The Secretary shall promulgate, or revise, regulations—

(A) ensuring that significant prehistoric and historic artifacts, and associated records, subject to section 110 of this Act,

the Act of June 27, 1960 (16 U.S.C. 469c), and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa and

following) are deposited in an institution with adequate longterm curatorial capabilities;

(B) establishing a uniform process and standards for documenting historic properties by public agencies and private parties for purposes of incorporation into, or complementing, the

national historical architectural and engineering records within the Library of Congress; and

(C) certifying local governments, in accordance with subsection (c)(1) and for the allocation of funds pursuant to section

103(c) of this Act.

(8) The Secretary shall, at least once every 4 years, in consultation with the Council and with State Historic Preservation Officers, review significant threats to properties included in, or eligible for inclusion on, the National Register, in order to— (A) determine the kinds of properties that may be threatened;

(B) ascertain the causes of the threats; and

(C) develop and submit to the President and Congress recommendations for appropriate action.
11–7 Sec. 101 NATIONAL HISTORIC PRESERVATION ACT

(b)(1) The Secretary, in consultation with the National Conference of State Historic Preservation Officers and the National

Trust for Historic Preservation, shall promulgate or revise regulations for State Historic Preservation Programs. Such regulations

shall provide that a State program submitted to the Secretary

under this section shall be approved by the Secretary if he determines that the program—

(A) provides for the designation and appointment by the

Governor of a ‘‘State Historic Preservation Officer’’ to administer such program in accordance with paragraph (3) and for

the employment or appointment by such officer of such professionally qualified staff as may be necessary for such purposes;

(B) provides for an adequate and qualified State historic

preservation review board designated by the State Historic

Preservation Officer unless otherwise provided for by State

law; and

(C) provides for adequate public participation in the State

Historic Preservation Program, including the process of recommending properties for nomination to the National Register.

(2)(A) Periodically, but not less than every 4 years after the approval of any State program under this subsection, the Secretary,

in consultation with the Council on the appropriate provisions of

this Act, and in cooperation with the State Historic Preservation

Officer, shall evaluate the program to determine whether it is consistent with this Act.

(B) If, at any time, the Secretary determines that a major aspect of a State program is not consistent with this Act, the Secretary shall disapprove the program and suspend in whole or in

part any contracts or cooperative agreements with the State and

the State Historic Preservation Officer under this Act, until the

program is consistent with this Act, unless the Secretary determines that the program will be made consistent with this Act within a reasonable period of time.

(C) The Secretary, in consultation with State Historic Preservation Officers, shall establish oversight methods to ensure State

program consistency and quality without imposing undue review

burdens on State Historic Preservation Officers.

(D) At the discretion of the Secretary, a State system of fiscal

audit and management may be substituted for comparable Federal

systems so long as the State system—

(i) establishes and maintains substantially similar accountability standards; and

(ii) provides for independent professional peer review.

The Secretary may also conduct periodic fiscal audits of State programs approved under this section as needed and shall ensure that

such programs meet applicable accountability standards.

(3) It shall be the responsibility of the State Historic Preservation Officer to administer the State Historic Preservation Program

and to—

(A) in cooperation with Federal and State agencies, local

governments, and private organizations and individuals, direct

and conduct a comprehensive statewide survey of historic properties and maintain inventories of such properties;
Sec. 101 NATIONAL HISTORIC PRESERVATION ACT 11–8

1The indention of subparagraphs (I) and (J) differ from the other subparagraphs in paragraph

(3).

(B) identify and nominate eligible properties to the National Register and otherwise administer applications for listing historic properties on the National Register;

(C) prepare and implement a comprehensive statewide historic preservation plan;

(D) administer the State program of Federal assistance for

historic preservation within the State;

(E) advise and assist, as appropriate, Federal and State

agencies and local governments in carrying out their historic

preservation responsibilities;

(F) cooperate with the Secretary, the Advisory Council on

Historic Preservation, and other Federal and State agencies,

local governments, and organizations and individuals to ensure

that historic properties are taken into consideration at all levels of planning and development;

(G) provide public information, education, and training and

technical assistance in historic preservation;

(H) cooperate with local governments in the development

of local historic preservation programs and assist local governments in becoming certified pursuant to subsection (c);

(I) 1 consult with appropriate Federal agencies in accordance with this Act on—

(i) Federal undertakings that may affect historic

properties; and

(ii) the content and sufficiency of any plans developed to protect, manage, or reduce or mitigate harm to

such properties; and

(J) 1 advise and assist in the evaluation of proposals

for rehabilitation projects that may qualify for Federal assistance.

(4) Any State may carry out all or any part of its responsibilities under this subsection by contract or cooperative agreement

with any qualified nonprofit organization or educational institution.

(5) Any State historic preservation program in effect under

prior authority of law may be treated as an approved program for

purposes of this subsection until the earlier of—

(A) the date on which the Secretary approves a program

submitted by the State under this subsection, or

(B) three years after the date of the enactment of the National Historic Preservation Act Amendments of 1992.

(6)(A) Subject to subparagraphs (C) and (D), the Secretary may

enter into contracts or cooperative agreements with a State Historic Preservation Officer for any State authorizing such Officer to

assist the Secretary in carrying out one or more of the following responsibilities within that State—

(i) Identification and preservation of historic properties.

(ii) Determination of the eligibility of properties for listing

on the National Register.

(iii) Preparation of nominations for inclusion on the National Register.

(iv) Maintenance of historical and archaeological data

bases.
11–9 Sec. 101 NATIONAL HISTORIC PRESERVATION ACT

(v) Evaluation of eligibility for Federal preservation incentives.

Nothing in this paragraph shall be construed to provide that any

State Historic Preservation Officer or any other person other than

the Secretary shall have the authority to maintain the National

Register for properties in any State.

(B) The Secretary may enter into a contract or cooperative

agreement under subparagraph (A) only if— (i) the State Historic Preservation Officer has requested

the additional responsibility;

(ii) the Secretary has approved the State historic preservation program pursuant to section 101(b) (1) and (2);

(iii) the State Historic Preservation Officer agrees to carry

out the additional responsibility in a timely and efficient manner acceptable to the Secretary and the Secretary determines

that such Officer is fully capable of carrying out such responsibility in such manner;

(iv) the State Historic Preservation Officer agrees to permit the Secretary to review and revise, as appropriate in the

discretion of the Secretary, decisions made by the Officer pursuant to such contract or cooperative agreement; and

(v) the Secretary and the State Historic Preservation Officer agree on the terms of additional financial assistance to the

State, if there is to be any, for the costs of carrying out such

responsibility.

(C) For each significant program area under the Secretary’s

authority, the Secretary shall establish specific conditions and criteria essential for the assumption by State Historic Preservation

Officers of the Secretary’s duties in each such program.

(D) Nothing in this subsection shall have the effect of diminishing the preservation programs and activities of the National

Park Service.

(c)(1) Any State program approved under this section shall provide a mechanism for the certification by the State Historic Preservation Officer of local governments to carry out the purposes of this

Act and provide for the transfer in accordance with section 103(c),

of a portion of the grants received by the States under this Act, to

such local governments. Any local government shall be certified to

participate under the provisions of this section if the applicable

State Historic Preservation Officer, and the Secretary, certifies that

the local government— (A) enforces appropriate State or local legislation for the

designation and protection of historic properties;

(B) has established an adequate and qualified historic

preservation review commission by State or local legislation;

(C) maintains a system for the survey and inventory of historic properties that furthers the purposes of subsection (b);

(D) provides for adequate public participation in the local

historic preservation program, including the process of recommending properties for nomination to the National Register;

and

(E) satisfactorily performs the responsibilities delegated to

it under this Act.

Where there is no approved State program, a local government may

be certified by the Secretary if he determines that such local gov-
Sec. 101 NATIONAL HISTORIC PRESERVATION ACT 11–10

ernment meets the requirements of subparagraphs (A) through (E);

and in any such case the Secretary may make grants-in-aid to the

local government for purposes of this section.

(2)(A) Before a property within the jurisdiction of the certified

local government may be considered by the State to be nominated

to the Secretary for inclusion on the National Register, the State

Historic Preservation Officier shall notify the owner, the applicable

chief local elected official, and the local historic preservation commission. The commission, after reasonable opportunity for public

comment, shall prepare a report as to whether or not such property, in its opinion, meets the criteria for the National Register.

Within sixty days of notice from the State Historic Preservation Officer, the chief local elected offical shall transmit the report of the

commission and his recommendation to the State Historic Preservation Officer. Except as provided in subparagraph (B), after receipt of such report and recommendation, or if no such report and

recommendation are received within sixty days, the State shall

make the nomination pursuant to section 101(a). The State may expedite such process with the concurrence of the certified local government.

(B) If both the commission and the chief local elected official

recommend that a property not be nominated to the National Register, the State Historic Preservation Officer shall take no further

action, unless within thirty days of the receipt of such recommendation by the State Historic Preservation Officer an appeal

is filed with the State. If such an appeal is filed, the State shall

follow the procedures for making a nomination pursuant to section

101(a). Any report and recommendations made under this section

shall be included with any nomination submitted by the State to

the Secretary.

(3) Any local government certified under this section or which

is making efforts to become so certified shall be eligible for funds

under the provisions of section 103(c) of this Act, and shall carry

out any responsibilities delegated to it in accordance with such

terms and conditions as the Secretary deems necessary or advisable.

(4) For the purposes of this section the term—

(A) ‘‘designation’’ means the identification and registration

of properties for protection that meet criteria established by

the State or the locality for significant historic and prehistoric

resources within the jurisdiction of a local government; and

(B) ‘‘protection’’ means a local review process under State

or local law for proposed demolition of, changes to, or other action that may affect historic properties designated pursuant to

subsection (c).

(d)(1)(A) The Secretary shall establish a program and promulgate regulations to assist Indian tribes in preserving their particular historic properties. The Secretary shall foster communication and cooperation between Indian tribes and State Historic Preservation Officers in the administration of the national historic preservation program to ensure that all types of historic properties and

all public interests in such properties are given due consideration,

and to encourage coordination among Indian tribes, State Historic

Preservation Officers, and Federal agencies in historic preservation
11–11 Sec. 101 NATIONAL HISTORIC PRESERVATION ACT

planning and in the identification, evaluation, protection, and interpretation of historic properties.

(B) The program under subparagraph (A) shall be developed in

such a manner as to ensure that tribal values are taken into account to the extent feasible. The Secretary may waive or modify requirements of this section to conform to the cultural setting of tribal heritage preservation goals and objectives. The tribal programs

implemented by specific tribal organizations may vary in scope, as

determined by each tribe’s chief governing authority.

(C) The Secretary shall consult with Indian tribes, other Federal agencies, State Historic Preservation Officers, and other interested parties and initiate the program under subparagraph (A) by

not later than October 1, 1994.

(2) A tribe may assume all or any part of the functions of a

State Historic Preservation Officer in accordance with subsections

(b)(2) and (b)(3), with respect to tribal lands, as such responsibilities may be modified for tribal programs through regulations

issued by the Secretary, if—

(A) the tribe’s chief governing authority so requests;

(B) the tribe designates a tribal preservation official to administer the tribal historic preservation program, through appointment by the tribe’s chief governing authority or as a tribal

ordinance may otherwise provide;

(C) the tribal preservation official provides the Secretary

with a plan describing how the functions the tribal preservation official proposes to assume will be carried out;

(D) the Secretary determines, after consulting with the

tribe, the appropriate State Historic Preservation Officer, the

Council (if the tribe proposes to assume the functions of the

State Historic Preservation Officer with respect to review of

undertakings under section 106), and other tribes, if any,

whose tribal or aboriginal lands may be affected by conduct of

the tribal preservation program—

(i) that the tribal preservation program is fully capable of carrying out the functions specified in the plan provided under subparagraph (C);

(ii) that the plan defines the remaining responsibilities

of the Secretary and the State Historic Preservation Officer; and

(iii) that the plan provides, with respect to properties

neither owned by a member of the tribe nor held in trust

by the Secretary for the benefit of the tribe, at the request

of the owner thereof, the State Historic Preservation Officer, in addition to the tribal preservation official, may exercise the historic preservation responsibilities in accordance with subsections (b)(2) and (b)(3); and

(E) based on satisfaction of the conditions stated in subparagraphs (A), (B), (C), and (D), the Secretary approves the

plan.

(3) In consultation with interested Indian tribes, other Native

American organizations and affected State Historic Preservation

Officers, the Secretary shall establish and implement procedures

for carrying out section 103(a) with respect to tribal programs that

assume responsibilities under paragraph (2).
Sec. 101 NATIONAL HISTORIC PRESERVATION ACT 11–12

(4) At the request of a tribe whose preservation program has

been approved to assume functions and responsibilities pursuant to

paragraph (2), the Secretary shall enter into contracts or cooperative agreements with such tribe permitting the assumption by the

tribe of any part of the responsibilities referred to in subsection

(b)(6) on tribal land, if—

(A) the Secretary and the tribe agree on additional financial

assistance, if any, to the tribe for the costs of carrying out such

authorities;

(B) the Secretary finds that the tribal historic preservation

program has been demonstrated to be sufficient to carry out

the contract or cooperative agreement and this Act; and

(C) the contract or cooperative agreement specifies the continuing responsibilities of the Secretary or of the appropriate

State Historic Preservation Officers and provides for appropriate participation by—

(i) the tribe’s traditional cultural authorities;

(ii) representatives of other tribes whose traditional

lands are under the jurisdiction of the tribe assuming responsibilities; and

(iii) the interested public.

(5) The Council may enter into an agreement with an Indian

tribe to permit undertakings on tribal land to be reviewed under

tribal historic preservation regulations in place of review under

regulations promulgated by the Council to govern compliance with

section 106, if the Council, after consultation with the tribe and appropriate State Historic Preservation Officers, determines that the

tribal preservation regulations will afford historic properties consideration equivalent to those afforded by the Council’s regulations.

(6)(A) Properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization may be

determined to be eligible for inclusion on the National Register.

(B) In carrying out its responsibilities under section 106, a

Federal agency shall consult with any Indian tribe or Native Hawaiian organization that attaches religious and cultural significance to properties described in subparagraph (A).

(C) In carrying out his or her responsibilities under subsection

(b)(3), the State Historic Preservation Officer for the State of Hawaii shall—

(i) consult with Native Hawaiian organizations in assessing

the cultural significance of any property in determining whether to nominate such property to the National Register;

(ii) consult with Native Hawaiian organizations in developing the cultural component of a preservation program or

plan for such property; and

(iii) enter into a memorandum of understanding or agreement with Native Hawaiian organizations for the assessment

of the cultural significance of a property in determining whether to nominate such property to the National Register and to

carry out the cultural component of such preservation program

or plan.

(e)(1) The Secretary shall administer a program of matching

grants to the States for the purposes of carrying out this Act.
11–13 Sec. 101 NATIONAL HISTORIC PRESERVATION ACT

1 Indention so in law.

(2) 1 The Secretary may administer grants to the National

Trust for Historic Preservation in the United States, chartered

by an Act of Congress approved October 26, 1949 (63 Stat. 947)

consistent with the purposes of its charter and this Act.

(3)(A) In addition to the programs under paragraphs (1) and

(2), the Secretary shall administer a program of direct grants for

the preservation of properties included on the National Register.

Funds to support such program annually shall not exceed 10 per

centum of the amount appropriated annually for the fund established under section 108. These grants may be made by the Secretary, in consultation with the appropriate State Historic Preservation Officer— (i) for the preservation of National Historic Landmarks

which are threatened with demolition or impairment and for

the preservation of historic properties of World Heritage significance,

(ii) for demonstration projects which will provide information concerning professional methods and techniques having

application to historic properties,

(iii) for the training and development of skilled labor in

trades and crafts, and in analysis and curation, relating to historic preservation, and

(iv) to assist persons or small businesses within any historic district included in the National Register to remain within the district.

(B) The Secretary may also, in consultation with the appropriate State Historic Preservation Officer, make grants or loans or

both under this section to Indian tribes and to nonprofit organizations representing ethnic or minority groups for the preservation of

their cultural heritage.

(C) Grants may be made under subparagraph (A) (i) and (iv)

only to the extent that the project cannot be carried out in as effective a manner through the use of an insured loan under section

104.

(4) Grants may be made under this subsection for the preservation, stabilization, restoration, or rehabilitation of religious properties listed in the National Register of Historic Places, provided

that the purpose of the grant is secular, does not promote religion,

and seeks to protect those qualities that are historically significant.

Nothing in this paragraph shall be construed to authorize the use

of any funds made available under this section for the acquisition

of any property referred to in the preceding sentence.

(5) The Secretary shall administer a program of direct grants

to Indian tribes and Native Hawaiian organizations for the purpose

of carrying out this Act as it pertains to Indian tribes and Native

Hawaiian organizations. Matching fund requirements may be modified. Federal funds available to a tribe or Native Hawaiian organization may be used as matching funds for the purposes of the

tribe’s or organization’s conducting its responsibilities pursuant to

this section.

(6)(A) As part of the program of matching grant assistance

from the Historic Preservation Fund to States, the Secretary shall

administer a program of direct grants to the Federated States of
Sec. 101 NATIONAL HISTORIC PRESERVATION ACT 11–14

Micronesia, the Republic of the Marshall Islands, the Trust Territory of the Pacific Islands, and upon termination of the Trusteeship

Agreement for the Trust Territory of the Pacific Islands, the Republic of Palau (referred to as the Micronesian States) in furtherance of the Compact of Free Association between the United States

and the Federated States of Micronesia and the Marshall Islands,

approved by the Compact of Free Association Act of 1985 (48

U.S.C. 1681 note), the Trusteeship Agreement for the Trust Territory of the Pacific Islands, and the Compact of Free Association between the United States and Palau, approved by the Joint Resolution entitled ‘‘Joint Resolution to approve the ‘‘Compact of Free Association’’ between the United States and Government of Palau,

and for other purposes’’ (48 U.S.C. 1681 note). The goal of the program shall be to establish historic and cultural preservation programs that meet the unique needs of each Micronesian State so

that at the termination of the compacts the programs shall be firmly established. The Secretary may waive or modify the requirements of this section to conform to the cultural setting of those nations.

(B) The amounts to be made available to the Micronesian

States shall be allocated by the Secretary on the basis of needs as

determined by the Secretary. Matching funds may be waived or

modified.

(f) No part of any grant made under this section may be used

to compensate any person intervening in any proceeding under this

Act.

(g) In consultation with the Advisory Council on Historic Preservation, the Secretary shall promulgate guidelines for Federal

agency responsibilities under section 110 of this title.

(h) Within one year after the date of enactment of the National

Historic Preservation Act Amendments of 1980, the Secretary shall

establish, in consultation with the Secretaries of Agriculture and

Defense, the Smithsonian Institution, and the Administrator of the

General Services Administration, professional standards for the

preservation of historic properties in Federal ownership or control.

(i) The Secretary shall develop and make available to Federal

agencies, State and local governments, private organizations and

individuals, and other nations and international organizations pursuant to the World Heritage Convention, training in, and information concerning, professional methods and techniques for the preservation of historic properties and for the administration of the historic preservation program at the Federal, State, and local level.

The Secretary shall also develop mechanisms to provide information concerning historic preservation to the general public including

students.

(j)(1) The Secretary shall, in consultation with the Council and

other appropriate Federal, tribal, Native Hawaiian, and non-Federal organizations, develop and implement a comprehensive preservation education and training program.

(2) The education and training program described in paragraph

(1) shall include—

(A) new standards and increased preservation training opportunities for Federal workers involved in preservation-related functions;
11–15 Sec. 102 NATIONAL HISTORIC PRESERVATION ACT

1The indentation of paragraph (3) differs from the other paragraphs of subsection (a).

(B) increased preservation training opportunities for other

Federal, State, tribal and local government workers, and students;

(C) technical or financial assistance, or both, to historically

black colleges and universities, to tribal colleges, and to colleges with a high enrollment of Native Americans or Native

Hawaiians, to establish preservation training and degree programs;

(D) coordination of the following activities, where appropriate, with the National Center for Preservation Technology

and Training—

(i) distribution of information on preservation technologies;

(ii) provision of training and skill development in

trades, crafts, and disciplines related to historic preservation in Federal training and development programs; and

(iii) support for research, analysis, conservation,

curation, interpretation, and display related to preservation.

SEC. 102. ø16 U.S.C. 470b¿ (a) No grant may be made under

this Act—

(1) unless application therefor is submitted to the Secretary in accordance with regulations and procedures prescribed by him;

(2) unless the application is in accordance with the comprehensive statewide historic preservation plan which has been

approved by the Secretary after considering its relationship to

the comprehensive statewide outdoor recreation plan prepared

pursuant to the Land and Water Conservation Fund Act of

1965 (78 Stat. 897);

(3) 1 for more than 60 percent of the aggregate costs of carrying

out projects and programs under the administrative control of the

State Historic Preservation Officer as specified in section 101(b)(3)

in any one fiscal year;

(4) unless the grantee has agreed to make such reports, in

such form and containing such information as the Secretary

may from time to time reqire;

(5) unless the grantee has agreed to assume, after completion of the project, the total cost of the continued maintenance,

repair, and administration of the property in a manner satisfactory to the Secretary; and

(6) until the grantee has complied with such further terms

and conditions as the Secretary may deem necessary or advisable.

Except as permitted by other law, the State share of the costs referred to in paragraph (3) shall be contributed by non-Federal

sources. Notwithstanding any other provision of law, no grant

made pursuant to this Act shall be treated as taxable income for

purposes of the Internal Revenue Code of 1954.
Sec. 103 NATIONAL HISTORIC PRESERVATION ACT 11–16

1With regard to section 102(b), section 4009 of the Reclamation Projects Authorization and

Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4759) attempted to amend this subsection by striking ‘‘, in which case a grant to the National Trust may include funds for the

maintenance, repair, and administration of the property in a manner satisfactory for the Secretary’’ at the end of the subsection. The amendment could not be executed because the language of the amendment referred to ‘‘for the Secretary’’ while the actual language in the text

refers to ‘‘to the Secretary’’. Commercial publications of this Act have executed the amendment

to reflect the probable intent of Congress. 2The second subsection (d) of section 102 was added by section 4009(3) of Public Law 102–

575 (106 Stat. 4759).

(b) 1 The Secretary may in his discretion waive the requirements of subsection (a), paragraphs (2) and (5) of this section for

any grant under this Act to the National Trust for Historic Preservation in the United States, in which case a grant to the National

Trust may include funds for the maintenance, repair, and administration of the property in a manner satisfactory to the Secretary.

[Subsection (c) repealed by section 202(c) of Public Law 96-515

(94 Stat. 2993).]

(d) No State shall be permitted to utilize the value of real property obtained before the date of approval of this Act in meeting the

remaining cost of a project for which a grant is made under this

Act.

(d) 2 The Secretary shall make funding available to individual

States and the National Trust for Historic Preservation as soon as

practicable after execution of a grant agreement. For purposes of

administration, grants to individual States and the National Trust

each shall be considered to be one grant and shall be administered

by the National Park Service as such.

(e) The total administrative costs, direct and indirect, charged

for carrying out State projects and programs may not exceed 25

percent of the aggregate costs except in the case of grants under

section 101(e)(6).

SEC. 103. ø16 U.S.C. 470c¿ (a) The amounts appropriated and

made available for grants to the States for the purposes of this Act

shall be apportioned among the States by the Secretary on the

basis of needs as determined by him.

(b) The amounts appropriated and made available for grants to

the States for projects and programs under this Act for each fiscal

year shall be apportioned among the States as the Secretary determines to be appropriate. The Secretary shall notify each State of

its apportionment under this subsection within thirty days following the date of enactment of legislation appropriating funds

under this Act. 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 this

subsection. The Secretary shall analyze and revise as necessary the

method of apportionment. Such method and any revision thereof

shall be published by the Secretary in the Federal Register.

(c) A minimum of 10 per centum of the annual apportionment

distributed by the Secretary to each State for the purposes of carrying out this Act shall be transferred by the State, pursuant to the

requirements of this Act, to local governments which are certified

under section 101(c) for historic preservation projects or programs
11–17 Sec. 104 NATIONAL HISTORIC PRESERVATION ACT

of such local governments. In any year in which the total annual

apportionment to the States exceeds $65,000,000, one half of the

excess shall also be transferred by the States to local governments

certified pursuant to section 101(c).

(d) The Secretary shall establish guidelines for the use and distribution of funds under subsection (c) to insure that no local government receives a disproportionate share of the funds available,

and may include a maximum or minimum limitation on the

amount of funds distributed to any single local government. The

guidelines shall not limit the ability of any State to distribute more

than 10 per centum of its annual apportionment under subsection

(c), nor shall the Secretary require any State to exceed the 10 per

centum minimum distribution to local governments.

SEC. 104. ø16 U.S.C. 470d¿ (a) The Secretary shall establish

and maintain a program by which he may, upon application of a

private lender, insure loans (including loans made in accordance

with a mortgage) made by such lender to finance any project for

the preservation of a property included on the National Register.

(b) A loan may be insured under this section only if— (1) the loan is made by a private lender approved by the

Secretary as financially sound and able to service the loan

properly;

(2) the amount of the loan, and interest rate charged with

respect to the loan, do not exceed such amount, and such a

rate, as is established by the Secretary, by rule;

(3) the Secretary has consulted the appropriate State Historic Preservation Officer concerning the preservation of the

historic property;

(4) the Secretary has determined that the loan is adequately secured and there is reasonable assurance of repayment;

(5) the repayment period of the loan does not exceed the

lesser of forty years or the expected life of the asset financed;

(6) the amount insured with respect to such loan does not

exceed 90 per centum of the loss sustained by the lender with

respect to the loan; and

(7) the loan, the borrower, and the historic property to be

preserved meet other terms and conditions as may be prescribed by the Secretary, by rule, especially terms and conditions relating to the nature and quality of the preservation

work.

The Secretary shall consult with the Secretary of the Treasury regarding the interest rate of loans insured under this section.

(c) The aggregate unpaid principal balance of loans insured

under this section and outstanding at any one time may not exceed

the amount which has been covered into the Historic Preservation

Fund pursuant to section 108 and subsections (g) and (i) of this section, as in effect on the date of the enactment of this Act but which

has not been appropriated for any purpose.

(d) Any contract of insurance executed by the Secretary under

this section may be assignable, shall be an obligation supported by

the full faith and credit of the United States, and shall be incontestable except for fraud or misrepresentation of which the holder

had actual knowledge at the time it became a holder.
Sec. 105 NATIONAL HISTORIC PRESERVATION ACT 11–18

(e) The Secretary shall specify, by rule and in each contract entered into under this section, the conditions and method of payment to a private lender as a result of losses incurred by the lender

on any loan insured under this section.

(f) In entering into any contract to insure a loan under this

section, the Secretary shall take steps to assure adequate protection of the financial interests of the Federal Government. The Secretary may— (1) in connection with any foreclosure proceeding, obtain,

on behalf of the Federal Government, the property securing a

loan insured under this title; and

(2) operate or lease such property for such period as may

be necessary to protect the interest of the Federal Government

and to carry out subsection (g).

(g)(1) In any case in which a historic property is obtained pursuant to subsection (f), the Secretary shall attempt to convey such

property to any governmental or nongovernmental entity under

such conditions as will ensure the property’s continued preservation and use; except that if, after a reasonable time, the Secretary,

in consultation with the Advisory Council on Historic Preservation,

determines that there is no feasible and prudent means to convey

such property and to ensure its continued preservation and use,

then the Secretary may convey the property at the fair market

value of its interest in such property to any entity without restriction.

(2) Any funds obtained by the Secretary in connection with the

conveyance of any property pursuant to paragraph (1) shall be covered into the historic preservation fund, in addition to the amounts

covered into such fund pursuant to section 108 and subsection (i)

of this section, and shall remain available in such fund until appropriated by the Congress to carry out the purposes of this Act.

(h) The Secretary may assess appropriate and reasonable fees

in connection with insuring loans under this section. Any such fees

shall be covered into the Historic Preservation Fund, in addition to

the amounts covered into such fund pursuant to section 108 and

subsection (g) of this section, and shall remain available in such

fund until appropriated by the Congress to carry out purposes of

this Act.

(i) Notwithstanding any other provision of law, any loan insured under this section shall be treated as non-Federal funds for

the purposes of satisfying any requirement of any other provision

of law under which Federal funds to be used for any project or activity are conditioned upon the use of non-Federal funds by the recipient for payment of any portion of the costs of such project or

activity.

(j) Effective after the fiscal year 1981 there are authorized to

be appropriated, such sums as may be necessary to cover payments

incurred pursuant to subsection (e).

(k) No debt obligation which is made or committed to be made,

or which is insured or committed to be insured, by the Secretary

under this section shall be eligible for purchase by, or commitment

to purchase by, or sale or issuance to, the Federal Financing Bank.

SEC. 105. ø16 U.S.C. 470e¿ The beneficiary of assistance under

this Act shall keep such records as the Secretary shall prescribe,
11–19 Sec. 109 NATIONAL HISTORIC PRESERVATION ACT

including records which fully disclose the disposition by the beneficiary 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.

SEC. 106. ø16 U.S.C. 470f¿ The head of any Federal agency

having direct or indirect jurisdiction over a proposed Federal or

federally assisted undertaking in any State and the head of any

Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the

issuance of any license, as the case may be, take into account the

effect of the undertaking on any district, site, building, structure,

or object that is included in or eligible for inclusion in the National

Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under title II of

this Act a reasonable opportunity to comment with regard to such

undertaking.

SEC. 107. ø16 U.S.C. 470g¿ Nothing in this Act shall be construed to be applicable to the White House and its grounds, the Supreme Court building and its grounds, or the United States Capitol

and its related buildings and grounds.

SEC. 108. ø16 U.S.C. 470h¿ To carry out the provisions of this

Act, there is hereby established the Historic Preservation Fund

(hereafter referred to as the ‘‘fund’’) in the Treasury of the United

States.

There shall be covered into such fund $24,400,000 for fiscal

year 1977, $100,000,000 for fiscal year 1978, $100,000,000 for fiscal

year 1979, $150,000,000 for fiscal year 1980, and $150,000,000 for

fiscal year 1981 and $150,000,000 for each of fiscal years 1982

through 2005, from revenues due and payable to the United States

under the Outer Continental Shelf Lands Act (67 Stat. 462, 469),

as amended (43 U.S.C. 1338), and/or under the Act of June 4, 1920

(41 Stat. 813), as amended (30 U.S.C. 191), notwithstanding any

provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury. Such moneys shall be used only to

carry out the purposes of this Act and shall be available for expenditure only when appropriated by the Congress. Any moneys

not appropriated shall remain available in the fund until appropriated for said purposes: Provided, That appropriations made pursuant to this paragraph may be made without fiscal year limitation.

SEC. 109. ø16 U.S.C. 470h–1¿ (a) In furtherance of the purposes of this Act, the Secretary may accept the donation of funds

which may be expended by him for projects to acquire, restore, preserve, or recover data from any district, building, structure, site, or

object which is listed on the National Register of Historic Places established pursuant to section 101 of this Act, so long as the project

is owned by a State, any unit of local government, or any nonprofit

entity.
Sec. 110 NATIONAL HISTORIC PRESERVATION ACT 11–20

(b) In expending said funds, the Secretary shall give due consideration to the following factors: the national significance of the

project; its historical value to the community; the imminence of its

destruction or loss; and the expressed intentions of the donor.

Funds expended under this subsection shall be made available

without regard to the matching requirements established by section 102 of this Act, but the recipient of such funds shall be permitted to utilize them to match any grants from the Historic Preservation Fund established by section 108 of this Act.

(c) The Secretary is hereby authorized to transfer unobligated

funds previously donated to the Secretary for the purposes of the

National Park Service, with the consent of the donor, and any

funds so transferred shall be used or expended in accordance with

the provisions of this Act.

SEC. 110. ø16 U.S.C. 470h–2¿ (a)(1) The heads of all Federal

agencies shall assume responsibility for the preservation of historic

properties which are owned or controlled by such agency. Prior to

acquiring, constructing, or leasing buildings for purposes of carrying out agency responsibilities, each Federal agency shall use, to

the maximum extent feasible, historic properties available to the

agency, in accordance with Executive Order No. 13006, issued May

21, 1996 (61 Fed. Reg. 26071). Each agency shall undertake, consistent with the preservation of such properties and the mission of

the agency and the professional standards established pursuant to

section 101(g), any preservation, as may be necessary to carry out

this section.

(2) Each Federal agency shall establish (unless exempted pursuant to section 214), in consultation with the Secretary, a preservation program for the identification, evaluation, and nomination

to the National Register of Historic Places, and protection of historic properties. Such program shall ensure— (A) that historic properties under the jurisdiction or control of the agency, are identified, evaluated, and nominated to

the National Register;

(B) that such properties under the jurisdiction or control of

the agency as are listed in or may be eligible for the National

Register are managed and maintained in a way that considers

the preservation of their historic, archaeological, architectural,

and cultural values in compliance with section 106 and gives

special consideration to the preservation of such values in the

case of properties designated as having National significance;

(C) that the preservation of properties not under the jurisdiction or control of the agency, but subject to be potentially affected by agency actions are given full consideration in

planning;

(D) that the agency’s preservation-related activities are

carried out in consultation with other Federal, State, and local

agencies, Indian tribes, Native Hawaiian organizations carrying out historic preservation planning activities, and with

the private sector; and

(E) that the agency’s procedures for compliance with section 106—

(i) are consistent with regulations issued by the

Council pursuant to section 211;
11–21 Sec. 110 NATIONAL HISTORIC PRESERVATION ACT

(ii) provide a process for the identification and evaluation of historic properties for listing in the National

Register and the development and implementation of

agreements, in consultation with State Historic Preservation Officers, local governments, Indian tribes, Native Hawaiian organizations, and the interested public, as appropriate, regarding the means by which adverse effects on

such properties will be considered; and

(iii) provide for the disposition of Native American cultural items from Federal or tribal land in a manner consistent with section 3(c) of the Native American Grave Protection and Repatriation Act (25 U.S.C. 3002(c)).

(b) Each Federal agency shall initiate measures to assure that

where, as a result of Federal action or assistance carried out by

such agency, an historic property is to be substantially altered or

demolished, timely steps are taken to make or have made appropriate records, and that such records, then be deposited, in accordance with section 101(a), in the Library of Congress or with such

other appropriate agency as may be designated by the Secretary,

for future use and reference.

(c) The head of each Federal agency shall, unless exempted

under section 214, designate a qualified official to be known as the

agency’s ‘‘preservation officer’’ who shall be responsible for coordinating that agency’s activities under this Act. Each Preservation

Officer may, in order to be considered qualified, satisfactorily complete an appropriate training program established by the Secretary

under section 101(h).

(d) Consistent with the agency’s missions and mandates, all

Federal agencies shall carry out agency programs and projects (including those under which any Federal assistance is provided or

any Federal license, permit, or other approval is required) in accordance with the purposes of this Act and, give consideration to

programs and projects which will further the purposes of this Act.

(e) The Secretary shall review and approve the plans of transferees of surplus federally owned historic properties not later than

ninety days after his receipt of such plans to ensure that the prehistorical, historical, architectural, or culturally significant values

will be preserved or enhanced.

(f) Prior to the approval of any Federal undertaking which may

directly and adversely affect any National Historic Landmark, the

head of the responsible Federal agency shall, to the maximum extent possible, undertake such planning and actions as may be necessary to minimize harm to such landmark, and shall afford the

Advisory Council on Historic Preservation a reasonable opportunity

to comment on the undertaking.

(g) Each Federal agency may include the costs of preservation

activities of such agency under this Act as eligible project costs in

all undertakings of such agency or assisted by such agency. The eligible project costs may also include amounts paid by a Federal

agency to any State to be used in carrying out such preservation

responsibilities of the Federal agency under this Act, and reasonable costs may be charged to Federal licensees and permittees as

a condition to the issuance of such license or permit.

(h) The Secretary shall establish an annual preservation

awards program under which he may make monetary awards in
Sec. 111 NATIONAL HISTORIC PRESERVATION ACT 11–22

1Section 3(a)(8) of P.L. 106–208 (114 Stat. 319) amended section 110(1) by striking ‘‘with the

Council’’ and inserting ‘‘pursuant to regulations issued by the Council’’. This amendment should

have been made to section 110(l) and has been carried out in this subsection as the probable

intent of Congress. 1Section 802(b) of the National Parks Omnibus Management Act of 1998 (Public Law 105– 391; 112 Stat. 3195; 16 U.S.C. 470h–3 note) provides as follows:

(b) HISTORIC LEASE PROCESS SIMPLIFICATION.—The Secretary is directed to simplify, to the

maximum extent possible, the leasing process for historic properties with the goal of leasing

available structures in a timely manner.

amounts of not to exceed $1,000 and provide citations for special

achievement to officers and employees of Federal, State, and certified local governments in recognition of their outstanding contributions to the preservation of historic resources. Such program

may include the issuance of annual awards by the President of the

United States to any citizen of the United States recommended for

such award by the Secretary.

(i) Nothing in this Act shall be construed to require the preparation of an environmental impact statement where such a statement would not otherwise be required under the National Environmental Policy Act of 1969, and nothing in this Act shall be construed to provide any exemption from any requirement respecting

the preparation of such a statement under such Act.

(j) The Secretary shall promulgate regulations under which the

requirements of this section may be waived in whole or in part in

the event of a major natural disaster or an imminent threat to the

national security.

(k) Each Federal agency shall ensure that the agency will not

grant a loan, loan guarantee, permit, license, or other assistance to

an applicant who, with intent to avoid the requirements of section

106, has intentionally significantly adversely affected a historic

property to which the grant would relate, or having legal power to

prevent it, allowed such significant adverse effect to occur, unless

the agency, after consultation with the Council, determines that

circumstances justify granting such assistance despite the adverse

effect created or permitted by the applicant.

(l) With respect to any undertaking subject to section 106

which adversely affects any property included in or eligible for inclusion in the National Register, and for which a Federal agency

has not entered into an agreement pursuant to regulations issued

by the Council 1, the head of such agency shall document any decision made pursuant to section 106. The head of such agency may

not delegate his or her responsibilities pursuant to such section.

Where a section 106 memorandum of agreement has been executed

with respect to an undertaking, such memorandum shall govern

the undertaking and all of its parts.

SEC. 111. 1 ø16 U.S.C. 470h–3¿ (a) Notwithstanding any other

provision of law, any Federal agency after consultation with the

Council, shall, to the extent practicable, establish and implement

alternatives for historic properties, including adaptive use, that are

not needed for current or projected agency purposes, and may lease

an historic property owned by the agency to any person or organization, or exchange any property owned by the agency with comparable historic property, if the agency head determines that the

lease or exchange will adequately insure the preservation of the

historic property.
11–23 Sec. 112 NATIONAL HISTORIC PRESERVATION ACT

(b) The proceeds of any lease under subsection (a) may, notwithstanding any other provision of law, be retained by the agency

entering into such lease and used to defray the costs of administration, maintenance, repair, and related expenses incurred by the

agency with respect to such property or other properties which are

on the National Register which are owned by, or are under the jurisdiction or control of, such agency. Any surplus proceeds from

such leases shall be deposited into the Treasury of the United

States at the end of the second fiscal year following the fiscal year

in which such proceeds were received.

(c) The head of any Federal agency having responsibility for

the management of any historic property may, after consultation

with the Advisory Council on Historic Preservation, enter into contracts for the management of such property. Any such contract

shall contain such terms and conditions as the head of such agency

deems necessary or appropriate to protect the interests of the

United States and insure adequate preservation of the historic

property.

SEC. 112. ø16 U.S.C. 470h–4¿ PROFESSIONAL STANDARDS.

(a) IN GENERAL.—Each Federal agency that is responsible for

the protection of historic resources, including archaeological resources pursuant to this Act or any other law shall ensure each of

the following—

(1)(A) All actions taken by employees or contractors of

such agency shall meet professional standards under regulations developed by the Secretary in consultation with the

Council, other affected agencies, and the appropriate professional societies of the disciplines involved, specifically archaeology, architecture, conservation, history, landscape architecture, and planning.

(B) Agency personnel or contractors responsible for historic

resources shall meet qualification standards established by the

Office of Personnel Management in consultation with the Secretary and appropriate professional societies of the disciplines

involved. The Office of Personnel Management shall revise

qualification standards within 2 years after the date of enactment of this Act for the disciplines involved, specifically archaeology, architecture, conservation, curation, history, landscape architecture, and planning. Such standards shall consider the particular skills and expertise needed for the preservation of historic resources and shall be equivalent requirements for the disciplines involved.

(2) Records and other data, including data produced by

historical research and archaeological surveys and excavations

are permanently maintained in appropriate data bases and

made available to potential users pursuant to such regulations

as the Secretary shall promulgate.

(b) GUIDELINES.—In order to promote the preservation of historic resources on properties eligible for listing in the National Register, the Secretary shall, in consultation with the Council, promulgate guidelines to ensure that Federal, State, and tribal historic

preservation programs subject to this Act include plans to— (1) provide information to the owners of properties containing historic (including architectural, curatorial, and archae-
Sec. 113 NATIONAL HISTORIC PRESERVATION ACT 11–24

ological) resources with demonstrated or likely research significance, about the need for protection of such resources, and the

available means of protection;

(2) encourage owners to preserve such resources intact and

in place and offer the owners of such resources information on

the tax and grant assistance available for the donation of the

resources or of a preservation easement of the resources;

(3) encourage the protection of Native American cultural

items (within the meaning of section 2 (3) and (9) of the Native

American Grave Protection and Repatriation Act (25 U.S.C.

3001 (3) and (9))) and of properties of religious or cultural importance to Indian tribes, Native Hawaiians, or other Native

American groups; and

(4) encourage owners who are undertaking archaeological

excavations to—

(A) conduct excavations and analyses that meet standards for federally-sponsored excavations established by the

Secretary;

(B) donate or lend artifacts of research significance to

an appropriate research institution;

(C) allow access to artifacts for research purposes; and

(D) prior to excavating or disposing of a Native American cultural item in which an Indian tribe or Native Hawaiian organization may have an interest under section

3(a)(2) (B) or (C) of the Native American Grave Protection

and Repatriation Act (25 U.S.C. 3002(a)(2) (B) and (C)),

given notice to and consult with such Indian tribe or Native Hawaiian organization.

SEC. 113. ø16 U.S.C. 470h–5¿ INTERSTATE AND INTERNATIONAL TRAFFIC IN ANTIQUITIES.

(a) STUDY.—In order to help control illegal interstate and international traffic in antiquities, including archaeological, curatorial,

and architectural objects, and historical documents of all kinds, the

Secretary shall study and report on the suitability and feasibility

of alternatives for controlling illegal interstate and international

traffic in antiquities.

(b) CONSULTATION.—In conducting the study described in subsection (a) the Secretary shall consult with the Council and other

Federal agencies that conduct, cause to be conducted, or permit archaeological surveys or excavations or that have responsibilities for

other kinds of antiquities and with State Historic Preservation Officers, archaeological, architectural, historical, conservation, and

curatorial organizations, Indian tribes, Native Hawaiian organizations, and other Native American organizations, international organizations and other interested persons.

(c) REPORT.—Not later than 18 months after the date of enactment of this section, the Secretary shall submit to Congress a report detailing the Secretary’s findings and recommendations from

the study described in subsection (a).

(d) AUTHORIZATION.—There are authorized to be appropriated

not more than $500,000 for the study described in subsection (a),

such sums to remain available until expended.
11–25 Sec. 201 NATIONAL HISTORIC PRESERVATION ACT

TITLE II

SEC. 201. ø16 U.S.C. 470i¿ (a) There is established as an independent agency of the United States Government an Advisory

Council on Historic Preservation which shall be composed of the

following members:

(1) a Chairman appointed by the President selected from

the general public;

(2) the Secretary of the Interior;

(3) the Architect of the Capitol;

(4) the Secretary of Agriculture and the heads of four other

agencies of the United States (other than the Department of

the Interior) the activities of which affect historic preservation,

designated by the President;

(5) one Governor appointed by the President;

(6) one mayor appointed by the President;

(7) the President of the National Conference of State Historic Preservation Officers;

(8) the Chairman of the National Trust for Historic Preservation;

(9) four experts in the field of historic preservation appointed by the President from the disciplines of architecture,

history, archeology, and other appropriate disciplines;

(10) three at-large members from the general public, appointed by the President; and

(11) one member of an Indian tribe or Native Hawaiian organization who represents the interests of the tribe or organization of which he or she is a member, appointed by the President.

(b) Each member of the Council specified in paragraphs (2)

through (8) (other than (5) and (6)) of subsection (a) may designate

another officer of his department, agency, or organization to serve

on the Council in his stead, except that, in the case of paragraphs

(2) and (4), no such officer other than an Assistant Secretary or an

officer having major department-wide or agency-wide responsibilities may be so designated.

(c) Each member of the Council appointed under paragraph (1),

and under paragraphs (9) through (11) of subsection (a) shall serve

for a term of four years from the expiration of his predecessor’s

term; except that the members first appointed under that paragraph shall serve for terms of one to four years, as designated by

the President at the time of appointment, in such manner as to insure that the terms of not more than two of them will expire in

any one year. The members appointed under paragraphs (5) and (6)

shall serve for the term of their elected office but not in excess of

four years. An appointed member may not serve more than two

terms. An appointed member whose term has expired shall serve

until that member’s successor has been appointed.

(d) A vacancy in the Council shall not affect its powers, but

shall be filled, not later than sixty days after such vacancy commences, in the same manner as the original appointment (and for

the balance of any unexpired terms). The members of the Advisory

Council on Historic Preservation appointed by the President under

this Act as in effect on the day before the enactment of the Na-
Sec. 202 NATIONAL HISTORIC PRESERVATION ACT 11–26

tional Historic Preservation Act Amendments of 1980 shall remain

in office until all members of the Council, as specified in this section, have been appointed. The members first appointed under this

section shall be appointed not later than one hundred and eighty

days after the enactment of the National Historic Preservation Act

Amendments of 1980.

(e) The President shall designate a Vice Chairman, from the

members appointed under paragraph (5), (6), (9), or (10). The Vice

Chairman may act in place of the Chairman during the absence or

disability of the Chairman or when the office is vacant.

(f) Nine members of the Council shall constitute a quorum.

SEC. 202. ø16 U.S.C. 470j¿ (a) The Council shall—

(1) advise the President and the Congress on matters relating to historic preservation; recommend measures to coordinate activities of Federal, State, and local agencies and private

institutions and individuals relating to historic preservation;

and advise on the dissemination of information pertaining to

such activities;

(2) encourage, in cooperation with the National Trust for

Historic Preservation and appropriate private agencies, public

interest and participation in historic preservation;

(3) recommend the conduct of studies in such areas as the

adequacy of legislative and administrative statutes and regulations pertaining to historic preservation activities of State and

local governments and the effects of tax policies at all levels of

government on historic preservation;

(4) advise as to guidelines for the assistance of State and

local governments in drafting legislation relating to historic

preservation;

(5) encourage, in cooperation with appropriate public and

private agencies and institutions, training and education in the

field of historic preservation;

(6) review the policies and programs of Federal agencies

and recommend to such agencies methods to improve the effectiveness, coordination, and consistency of those policies and

programs with the policies and programs carried out under

this Act; and

(7) inform and educate Federal agencies, State and local

governments, Indian tribes, other nations and international organizations and private groups and individuals as to the Council’s authorized activities.

(b) The Council shall submit annually a comprehensive report

of its activities and the results of its studies to the President and

the Congress and shall from time to time submit such additional

and special reports as it deems advisable. Each report shall propose such legislative enactments and other actions as, in the judgment of the Council, are necessary and appropriate to carry out its

recommendations and shall provide the Council’s assessment of

current and emerging problems in the field of historic preservation

and an evaluation of the effectiveness of the programs of Federal

agencies, State and local governments, and the private sector in

carrying out the purposes of this Act.
11–27 Sec. 205 NATIONAL HISTORIC PRESERVATION ACT

SEC. 203. ø16 U.S.C. 470k¿ The Council is authorized to secure

directly from any department, bureau, agency, board, commission,

office, independent establishment or instrumentality of the executive branch of the Federal Government information, suggestions,

estimates, and statistics for the purpose of this title; and each such

department, bureau, agency, board, commission, office, independent

establishment or instrumentality is authorized to furnish such information, suggestions, estimates, and statistics to the extent permitted by law and within available funds.

SEC. 204. ø16 U.S.C. 470l¿ The members of the Council specified in paragraphs (2), (3), and (4) of section 201(a) shall serve

without additional compensation. The other members of the Council shall receive $100 per diem when engaged in the performance

of the duties of the Council. All members of the Council shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the

Council.

SEC. 205. ø16 U.S.C. 470m¿ (a) There shall be an Executive

Director of the Council who shall be appointed in the competitive

service by the Chairman with the concurrence of the Council. The

Executive Director shall report directly to the Council and perform

such functions and duties as the Council may prescribe.

(b) The Council shall have a General Counsel, who shall be appointed by the Executive Director. The General Counsel shall report directly to the Executive Director and serve as the Council’s

legal advisor. The Executive Director shall appoint such other attorneys as may be necessary to assist the General Counsel, represent the Council in courts of law whenever appropriate, including

enforcement of agreements with Federal agencies to which the

Council is a party, assist the Department of Justice in handling

litigation concerning the Council in courts of law, and perform such

other legal duties and functions as the Executive Director and the

Council may direct.

(c) The Executive Director of the Council may appoint and fix

the compensation of such officers and employees in the competitive

service as are necessary to perform the functions of the Council at

rates not to exceed that now or hereafter prescribed for the highest

rate for grade 15 of the General Schedule under section 5332 of

title 5, United States Code: Provided, however, That the Executive

Director, with the concurrence of the Chairman, may appoint and

fix the compensation of not to exceed five employees in the competitive service at rates not to exceed that now or hereafter prescribed

for the highest rate of grade 17 of the General Schedule under section 5332 of title 5, United States Code.

(d) The Executive Director shall have power to appoint and fix

the compensation of such additional personnel as may be necessary

to carry out its duties, without regard to the provisions of the civil

service laws and the Classification Act of 1949.

(e) The Executive Director of the Council is authorized to procure expert and consultant services in accordance with the provisions of section 3109 of title 5, United States Code.

(f) Financial and administrative (including those related to

budgeting, accounting, financial reporting, personnel and procure-
Sec. 206 NATIONAL HISTORIC PRESERVATION ACT 11–28

ment) shall be provided the Council by the Department of the Interior, for which payments shall be made in advance, or by reimbursement, from funds of the Council in such amounts as may be

agreed upon by the Chairman of the Council and the Secretary of

the Interior: Provided, That the regulations of the Department of

the Interior for the collection of indebtedness of personnel resulting

from erroneous payments (5 U.S.C. 46e) shall apply to the collection of erroneous payments made to or on behalf of a Council employee, and regulations of said Secretary for the administrative

control of funds (31 U.S.C. 665(g)) shall apply to appropriations of

the Council: And provided further, That the Council shall not be required to prescribe such regulations.

(g) Any Federal agency may provide the Council, with or without reimbursement as may be agreed upon by the Chairman and

the agency, with such funds, personnel, facilities and services

under its jurisdiction and control as may be needed by the Council

to carry out its duties, to the extent that such funds, personnel, facilities, and services are requested by the Council and are otherwise available for that purpose. Any funds provided to the Council

pursuant to this subsection must be expended by the end of the fiscal year following the fiscal year in which the funds are received

by the Council. To the extent of available appropriations, the Council may obtain by purchase, rental, donation, or otherwise, such additional property facilities, and services as may be needed to carry

out its duties and may also receive donations of moneys for such

purpose, and the Executive Director is authorized, in his discretion,

to accept, hold, use, expend, and administer the same for the purposes of this Act.

SEC. 206. ø16 U.S.C. 470n¿ (a) The participation of the United

States as a member in the International Centre for the Study of

the Preservation and Restoration of Cultural Property is hereby authorized.

(b) The Council shall recommend to the Secretary of State,

after consultation with the Smithsonian Institution and other public and private organizations concerned with the technical problems

of preservation, the members of the official delegation which will

participate in the activities of the Centre on behalf of the United

States. The Secretary of State shall appoint the members of the official delegation from the persons recommended to him by the

Council.

(c) For the purposes of this section there is authorized to be appropriated an amount equal to the assessment for United States

membership in the Centre for fiscal years 1979, 1980, 1981, and

1982: Provided, That no appropriation is authorized and no payment shall be made to the Centre in excess of 25 per centum of the

total annual assessment of such organization. Authorization for

payment of such assessments shall begin in fiscal year 1981, but

shall include earlier costs.

SEC. 207. ø16 U.S.C. 470o¿ So much of the personnel, property,

records, and unexpended balances of appropriations, allocations,

and other funds employed, held, used, programed, or available or

to be made available by the Department of the Interior in connection with the functions of the Council, as the Director of the Office
11–29 Sec. 213 NATIONAL HISTORIC PRESERVATION ACT

of Management and Budget shall determine, shall be transferred

from the Department to the Council within 60 days of the effective

date of this Act.

SEC. 208. ø16 U.S.C. 470p¿ Any employee in the competitive

service of the United States transferred to the Council under the

provisions of this section shall retain all the rights, benefits, and

privileges pertaining thereto held prior to such transfer.

SEC. 209. ø16 U.S.C. 470q¿ The Council is exempt from the

provisions of the Federal Advisory Committee Act (86 Stat. 770),

and the provisions of the Administrative Procedure Act (80 Stat.

381) shall govern the operations of the Council.

SEC. 210. ø16 U.S.C. 470r¿ No officer or agency of the United

States shall have any authority to require the Council to submit its

legislative recommendations, or testimony, or comments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of such recommendations,

testimony, or comments to the Congress. In instances in which the

Council voluntarily seeks to obtain the comments or review of any

officer or agency of the United States, the Council shall include a

description of such actions in its legislative recommendations, testimony or comments on legislation which it transmits to the Congress.

SEC. 211. ø16 U.S.C. 470s¿ The Council is authorized to promulgate such rules and regulations as it deems necessary to govern

the implementation of section 106 of this Act in its entirety. The

Council shall, by regulation, establish such procedures as may be

necessary to provide for participation by local governments in proceedings and other actions taken by the Council with respect to undertakings referred to in section 106 which affect such local governments.

SEC. 212. ø16 U.S.C. 470t¿ (a) The Council shall submit its

budget annually as a related agency of the Department of the Interior. There are authorized to be appropriated for the purposes of

this title not to exceed $4,000,000 in each fiscal year 1997 through

2005.

(b) Whenever the Council submits any budget estimate or request to the President or the Office of Management and Budget, it

shall concurrently transmit copies of that estimate or request to

the House and Senate Appropriations Committees and the House

Committee on Natural Resources and the Senate Committee on Energy and Natural Resources.

SEC. 213. ø16 U.S.C. 470u¿ To assist the Council in discharging its responsibilities under this Act, the Secretary at the request of the Chairman, shall provide a report to the Council detailing the significance of any historic property, describing the effects

of any proposed undertaking on the affected property, and recommending measures to avoid, minimize, or mitigate adverse effects.
Sec. 214 NATIONAL HISTORIC PRESERVATION ACT 11–30

SEC. 214. ø16 U.S.C. 470v¿ The Council, with the concurrence

of the Secretary, shall promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be

exempted from any or all of the requirements of this Act when such

exemption is determined to be consistent with the purposes of this

Act, taking into consideration the magnitude of the exempted undertaking or program and the likelihood of impairment of historic

properties.

SEC. 215. ø16 U.S.C. 470v–1¿ Subject to applicable conflict of

interest laws, the Council may receive reimbursements from State

and local agencies and others pursuant to agreements executed in

furtherance of the purposes of this Act.

TITLE III

SEC. 301. ø16 U.S.C. 470w¿ As used in this Act, the term—

(1) ‘‘Agency’’ means agency as such term is defined in section 551 of title 5, United States Code.

(2) ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam,

the Virgin Islands, American Samoa, the Commonwealth of the

Northern Mariana Islands, and the Trust Territory of the Pacific Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and, upon termination of the

Trusteeship Agreement for the Trust Territory of the Pacific Islands, the Republic of Palau.

(3) ‘‘Local government’’ means a city, county, parish, township, municipality, or borough, or any other general purpose

political subdivision of any State.

(4) ‘‘Indian tribe’’ or ‘‘tribe’’ means an Indian tribe, band,

nation, or other organized group or community, including a Native village, Regional Corporation or Village Corporation, as

those terms are defined in section 3 of the Alaska Native

Claims Settlement Act (43 U.S.C. 1602), which is recognized as

eligible for the special programs and services provided by the

United States to Indians because of their status as Indians.

(5) ‘‘Historic property’’ or ‘‘historic resource’’ means any

prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion on the National Register, including artifacts, records, and material remains related

to such a property or resource.

(6) ‘‘National Register’’ or ‘‘Register’’ means the National

Register of Historic Places established under section 101.

(7) ‘‘Undertaking’’ means a project, activity, or program

funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including—

(A) those carried out by or on behalf of the agency;

(B) those carried out with Federal financial assistance;

(C) those requiring a Federal permit license, or approval; and
11–31 Sec. 301 NATIONAL HISTORIC PRESERVATION ACT

(D) those subject to State or local regulation administered pursuant to a delegation or approval by a Federal

agency.

(8) ‘‘Preservation’’ or ‘‘historic preservation’’ includes identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration,

stabilization, maintenance, research, interpretation, conservation, and education and training regarding the foregoing activities, or any combination of the foregoing activities.

(9) ‘‘Cultural park’’ means a definable area which is distinguished by historic resources and land related to such resources and which constitutes an interpretative, educational,

and recreational resource for the public at large.

(10) ‘‘Historic conservation district’’ means an area which

contains (A) historic properties, (B) buildings having similar or

related architectural characteristics, (C) cultural cohesiveness,

or (D) any combination of the foregoing.

(11) ‘‘Secretary’’ means the Secretary of the Interior acting

through the Director of the National Park Service except where

otherwise specified.

(12) ‘‘State historic preservation review board’’ means a

board, council, commission, or other similar collegial body established as provided in section 101(b)(1)(B)—

(A) the members of which are appointed by the State

Historic Preservation Officer (unless otherwise provided

for by State law),

(B) a majority of the members of which are professionals qualified in the following and related disciplines:

history, prehistoric and historic archaeology, architectural

history, architecture, folklore, cultural anthropology,

curation, conservation, and landscape architecture, and

(C) which has the authority to—

(i) review National Register nominations and appeals from nominations;

(ii) review appropriate documentation submitted

in conjunction with the Historic Preservation Fund;

(iii) provide general advice and guidance to the

State Historic Preservation Officer; and

(iv) perform such other duties as may be appropriate.

(13) ‘‘Historic preservation review commission’’ means a

board, council, commission, or other similar collegial body

which is established by State or local legislation as provided in

section 101(c)(1)(B), and the members of which are appointed,

unless otherwise provided by State or local legislation, by the

chief elected official of the jurisdiction concerned from among—

(A) professionals in the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation,

conservation, and landscape architecture, or related disciplines, to the extent such professionals are available in

the community concerned, and

(B) such other persons as have demonstrated special

interest, experience, or knowledge in history, architecture,
Sec. 302 NATIONAL HISTORIC PRESERVATION ACT 11–32

or related disciplines and as will provide for an adequate

and qualified commission.

(14) ‘‘Tribal lands’’ means—

(A) all lands within the exterior boundaries of any Indian reservation; and

(B) all dependent Indian communities.

(15) ‘‘Certified local government’’ means a local government whose local historic preservation program has been certified pursuant to section 101(c).

(16) ‘‘Council’’ means the Advisory Council on Historic

Preservation established by section 201.

(17) ‘‘Native Hawaiian’’ means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied

and exercised sovereignty in the area that now constitutes the

State of Hawaii.

(18) ‘‘Native Hawaiian organization’’ means any organization which—

(A) serves and represents the interests of Native Hawaiians;

(B) has as a primary and stated purpose the provision

of services to Native Hawaiians; and

(C) has demonstrated expertise in aspects of historic

preservation that are culturally significant to Native Hawaiians.

The term includes, but is not limited to, the Office of Hawaiian

Affairs of the State of Hawaii and Hui Malama I Na Kupuna

O Hawai’i Nei, an organization incorporated under the laws of

the State of Hawaii.

SEC. 302. ø16 U.S.C. 470w–1¿ Where appropriate, each Federal agency is authorized to expend funds appropriated for its authorized programs for the purposes of activities carried out pursuant to this Act, except to the extent appropriations legislation expressly provides otherwise.

SEC. 303. ø16 U.S.C. 470w–2¿ (a) The Secretary is authorized

to accept donations and bequests of money and personal property

for the purposes of this Act and shall hold, use, expend, and administer the same for such purposes.

(b) The Secretary is authorized to accept gifts or donations of

less than fee interests in any historic property where the acceptance of such interests will facilitate the conservation or preservation of such properties. Nothing in this section or in any provision

of this Act shall be construed to affect or impair any other authority of the Secretary under other provision of law to accept or acquire any property for conservation or preservation or for any other

purpose.

SEC. 304. ø16 U.S.C. 470w–3¿ ACCESS TO INFORMATION.

(a) AUTHORITY TO WITHHOLD FROM DISCLOSURE.—The head of

a Federal agency or other public official receiving grant assistance

pursuant to this Act, after consultation with the Secretary, shall

withhold from disclosure to the public, information about the location, character, or ownership of a historic resource if the Secretary

and the agency determine that disclosure may—
11–33 Sec. 306 NATIONAL HISTORIC PRESERVATION ACT

(1) cause a significant invasion of privacy;

(2) risk harm to the historic resources; or

(3) impede the use of a traditional religious site by practitioners.

(b) ACCESS DETERMINATION.—When the head of a Federal

agency or other public official has determined that information

should be withheld from the public pursuant to subsection (a), the

Secretary, in consultation with such Federal agency head or official, shall determine who may have access to the information for

the purpose of carrying out this Act.

(c) CONSULTATION WITH COUNCIL.—When the information in

question has been developed in the course of an agency’s compliance with section 106 or 110(f), the Secretary shall consult with the

Council in reaching determinations under subsections (a) and (b).

SEC. 305. ø16 U.S.C. 470w–4¿ In any civil action brought in

any United States district court by any interested person to enforce

the provisions of this Act, if such person substantially prevails in

such action, the court may award attorneys’ fees, expert witness

fees, and other costs of participating in such action, as the court

deems reasonable.

SEC. 306. ø16 U.S.C. 470w–5¿ (a) In order to provide a national center to commemorate and encourage the building arts and

to preserve and maintain a nationally significant building which

exemplifies the great achievements of the building arts in the

United States, the Secretary and the Administrator of the General

Services Administration are authorized and directed to enter into

a cooperative agreement with the Committee for a National Museum of the Building Arts, Incorporated, a nonprofit corporation organized and existing under the laws of the District of Columbia, or

its successor for the operation of a National Museum for the Building Arts in the Federal Building located in the block bounded by

Fourth Street, Fifth Street, F Street, and G Street, Northwest in

Washington, District of Columbia. Such museum shall—

(1) collect and disseminate information concerning the

building arts, including the establishment of a national reference center for current and historic documents, publications,

and research relating to the building arts;

(2) foster educational programs relating to the history,

practice and contribution to society of the building arts, including promotion of imaginative educational approaches to enhance understanding and appreciation of all facets of the building arts;

(3) publicly display temporary and permanent exhibits illustrating, interpreting and demonstrating the building arts;

(4) sponsor or conduct research and study into the history

of the building arts and their role in shaping our civilization;

and

(5) encourage contributions to the building arts.

(b) The cooperative agreement referred to in subsection (a)

shall include provisions which—

(1) make the site available to the Committee referred to in

subsection (a) without charge;
Sec. 307 NATIONAL HISTORIC PRESERVATION ACT 11–34

(2) provide, subject to available appropriations, such maintenance, security, information, janitorial and other services as

may be necessary to assure the preservation and operation of

the site; and

(3) prescribe reasonable terms and conditions by which the

Committee can fulfill its responsibilities under this Act.

(c) The Secretary is authorized and directed to provide matching grants-in-aid to the Committee referred to in subsection (a) for

its programs related to historic preservation. The Committee shall

match such grants-in-aid in a manner and with such funds and

services as shall be satisfactory to the Secretary, except that no

more than $500,000 may be provided to the Committee in any one

fiscal year.

(d) The renovation of the site shall be carried out by the Administrator with the advice of the Secretary. Such renovation shall,

as far as practicable— (1) be commenced immediately,

(2) preserve, enhance, and restore the distinctive and historically authentic architectural character of the site consistent

with the needs of a national museum of the building arts and

other compatible use, and

(3) retain the availability of the central court of the building, or portions thereof, for appropriate public activities.

(e) The Committee shall submit an annual report to the Secretary and the Administrator concerning its activities under this

section and shall provide the Secretary and the Administrator with

such other information as the Secretary may, from time to time,

deem necessary or advisable.

(f) For purposes of this section, the term ‘‘building arts’’ includes, but shall not be limited to, all practical and scholarly aspects of prehistoric, historic, and comtemporary architecture, archaeology, construction, building technology and skills, landscape

architecture, preservation and conservation, building and construction, engineering, urban and community design and renewal, city

and regional planning, and related professions, skills, trades, and

crafts.

SEC. 307. ø16 U.S.C. 470w–6¿ (a) No final regulation of the

Secretary shall become effective prior to the expiration of thirty

calendar days after it is published in the Federal Register during

which either or both Houses of Congress are in session.

(b) The regulations shall not become effective if, within ninety

calendar days of continuous session of Congress after the date of

promulgation, both Houses of Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows:

‘‘That Congress disapproves the regulations promulgated by the

Secretary dealing with the matter of ———, which regulation

was transmitted to Congress on ———,’’ the blank spaces

therein being appropriately filled.

(c) If at the end of sixty calendar days of continuous session

of Congress after the date of promulgation of a regulation, no committee of either House of Congress has reported or been discharged

from further consideration of a concurrent resolution disapproving

the regulation, and neither House has adopted such a resolution,

the regulation may go into effect immediately. If, within such sixty
11–35 Sec. 308 NATIONAL HISTORIC PRESERVATION ACT

calendar days, such a committee has reported or been discharged

from further consideration of such a resolution, the regulation may

go into effect not sooner than ninety calendar days of continuous

session of Congress after its promulgation unless disapproved as

provided for.

(d) For the purposes of this section—

(1) continuity of session is broken only by an adjournment

sine die; and

(2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of sixty and ninety calendar days of continuous session of Congress.

(e) Congressional inaction on or rejection of a resolution of disapproval shall not be deemed an expression of approval of such

regulation.

SEC. 308. ø16 U.S.C. 470w–7¿ HISTORIC LIGHTHOUSE PRESERVATION.

(a) IN GENERAL.—In order to provide a national historic light

station program, the Secretary shall—

(1) collect and disseminate information concerning historic

light stations, including historic lighthouses and associated

structures;

(2) foster educational programs relating to the history,

practice, and contribution to society of historic light stations;

(3) sponsor or conduct research and study into the history

of light stations;

(4) maintain a listing of historic light stations; and

(5) assess the effectiveness of the program established by

this section regarding the conveyance of historic light stations.

(b) CONVEYANCE OF HISTORIC LIGHT STATIONS.—

(1) PROCESS AND POLICY.—Not later than 1 year after the

date of the enactment of this section, the Secretary and the Administrator shall establish a process and policies for identifying, and selecting, an eligible entity to which a historic light

station could be conveyed for education, park, recreation, cultural, or historic preservation purposes, and to monitor the use

of such light station by the eligible entity.

(2) APPLICATION REVIEW.—The Secretary shall review all

applications for the conveyance of a historic light station, when

the agency with administrative jurisdiction over the historic

light station has determined the property to be ‘‘excess property’’ as that term is defined in the Federal Property Administrative Services Act of 1949 (40 U.S.C. 472(e)), and forward to

the Administrator a single approved application for the conveyance of the historic light station. When selecting an eligible entity, the Secretary shall consult with the State Historic Preservation Officer of the State in which the historic light station

is located.

(3) CONVEYANCE OF HISTORIC LIGHT STATIONS.—(A) Except

as provided in subparagraph (B), the Administrator shall convey, by quitclaim deed, without consideration, all right, title,

and interest of the United States in and to the historic light

station, subject to the conditions set forth in subsection (c)

after the Secretary’s selection of an eligible entity. The conveyance of a historic light station under this section shall not be
Sec. 308 NATIONAL HISTORIC PRESERVATION ACT 11–36

1Section 2 of Public Law 106–400 (114 Stat. 1675) provides that ‘‘Any reference in any law,

regulation, document, paper, or other record of the United States to the Stewart B. McKinney

Homeless Assistance Act shall be deemed to be a reference to the ‘McKinney-Vento Homeless

Assistance Act’.’’

subject to the provisions of the Stewart B. McKinney Homeless

Assistance Act (42 U.S.C. 11301 et seq.) 1 or section 416(d) of

the Coast Guard Authorization Act of 1998 (Public Law 105– 383).

(B)(i) Historic light stations located within the exterior

boundaries of a unit of the National Park System or a refuge

within the National Wildlife Refuge System shall be conveyed

or sold only with the approval of the Secretary.

(ii) If the Secretary approves the conveyance of a historic

light station referenced in this paragraph, such conveyance

shall be subject to the conditions set forth in subsection (c) and

any other terms or conditions the Secretary considers necessary to protect the resources of the park unit or wildlife refuge.

(iii) If the Secretary approves the sale of a historic light

station referenced in this paragraph, such sale shall be subject

to the conditions set forth in subparagraphs (A) through (D)

and (H) of subsection (c)(1) and subsection (c)(2) and any other

terms or conditions the Secretary considers necessary to protect the resources of the park unit or wildlife refuge.

(iv) For those historic light stations referenced in this

paragraph, the Secretary is encouraged to enter into cooperative agreements with appropriate eligible entities, as provided

in this Act, to the extent such cooperative agreements are consistent with the Secretary’s responsibilities to manage and administer the park unit or wildlife refuge, as appropriate.

(c) TERMS OF CONVEYANCE.—

(1) IN GENERAL.—The conveyance of a historic light station

shall be made subject to any conditions, including the reservation of easements and other rights on behalf of the United

States, the Administrator considers necessary to ensure that—

(A) the Federal aids to navigation located at the historic light station in operation on the date of conveyance

remain the personal property of the United States and continue to be operated and maintained by the United States

for as long as needed for navigational purposes;

(B) there is reserved to the United States the right to

remove, replace, or install any Federal aid to navigation

located at the historic light station as may be necessary for

navigational purposes;

(C) the eligible entity to which the historic light station is conveyed under this section shall not interfere or

allow interference in any manner with any Federal aid to

navigation, nor hinder activities required for the operation

and maintenance of any Federal aid to navigation, without

the express written permission of the head of the agency

responsible for maintaining the Federal aid to navigation;

(D) the eligible entity to which the historic light station is conveyed under this section shall, at its own cost

and expense, use and maintain the historic light station in

accordance with this Act, the Secretary of the Interior’s
11–37 Sec. 308 NATIONAL HISTORIC PRESERVATION ACT

Standards for the Treatment of Historic Properties, 36

CFR part 68, and other applicable laws, and any proposed

changes to the historic light station shall be reviewed and

approved by the Secretary in consultation with the State

Historic Preservation Officer of the State in which the historic light station is located, for consistency with 36 CFR

part 800.5(a)(2)(vii), and the Secretary of the Interior’s

Standards for Rehabilitation, 36 CFR part 67.7;

(E) the eligible entity to which the historic light station is conveyed under this section shall make the historic

light station available for education, park, recreation, cultural or historic preservation purposes for the general public at reasonable times and under reasonable conditions;

(F) the eligible entity to which the historic light station is conveyed shall not sell, convey, assign, exchange, or

encumber the historic light station, any part thereof, or

any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including but not limited to any lens or lanterns, unless such sale, conveyance, assignment, exchange or encumbrance is approved by the Secretary;

(G) the eligible entity to which the historic light station is conveyed shall not conduct any commercial activities at the historic light station, any part thereof, or in

connection with any associated historic artifact conveyed to

the eligible entity in conjunction with the historic light station conveyance, in any manner, unless such commercial

activities are approved by the Secretary; and

(H) the United States shall have the right, at any

time, to enter the historic light station conveyed under this

section without notice, for purposes of operating, maintaining, and inspecting any aid to navigation and for the purpose of ensuring compliance with this subsection, to the

extent that it is not possible to provide advance notice.

(2) MAINTENANCE OF AID TO NAVIGATION.—Any eligible entity to which a historic light station is conveyed under this section shall not be required to maintain any Federal aid to navigation associated with a historic light station, except any private aids to navigation permitted under section 83 of title 14,

United States Code, to the eligible entity.

(3) REVERSION.—In addition to any term or condition established pursuant to this subsection, the conveyance of a historic light station shall include a condition that the historic

light station, or any associated historic artifact conveyed to the

eligible entity in conjunction with the historic light station conveyance, including but not limited to any lens or lanterns, at

the option of the Administrator, shall revert to the United

States and be placed under the administrative control of the

Administrator, if—

(A) the historic light station, any part thereof, or any

associated historic artifact ceases to be available for education, park, recreation, cultural, or historic preservation

purposes for the general public at reasonable times and

under reasonable conditions which shall be set forth in the

eligible entity’s application;
Sec. 308 NATIONAL HISTORIC PRESERVATION ACT 11–38

(B) the historic light station or any part thereof ceases

to be maintained in a manner that ensures its present or

future use as a site for a Federal aid to navigation;

(C) the historic light station, any part thereof, or any

associated historic artifact ceases to be maintained in compliance with this Act, the Secretary of the Interior’s Standards for the Treatment of Historic Properties, 36 CFR part

68, and other applicable laws;

(D) the eligible entity to which the historic light station is conveyed, sells, conveys, assigns, exchanges, or encumbers the historic light station, any part thereof, or any

associated historic artifact, without approval of the Secretary;

(E) the eligible entity to which the historic light station is conveyed, conducts any commercial activities at the

historic light station, any part thereof, or in conjunction

with any associated historic artifact, without approval of

the Secretary; or

(F) at least 30 days before the reversion, the Administrator provides written notice to the owner that the historic light station or any part thereof is needed for national security purposes.

(d) DESCRIPTION OF PROPERTY.— (1) IN GENERAL.—The Administrator shall prepare the

legal description of any historic light station conveyed under

this section. The Administrator, in consultation with the Commandant, United States Coast Guard, and the Secretary, may

retain all right, title, and interest of the United States in and

to any historical artifact, including any lens or lantern, that is

associated with the historic light station and located at the

light station at the time of conveyance. Wherever possible,

such historical artifacts should be used in interpreting that

station. In cases where there is no method for preserving

lenses and other artifacts and equipment in situ, priority

should be given to preservation or museum entities most closely associated with the station, if they meet loan requirements.

(2) ARTIFACTS.—Artifacts associated with, but not located

at, the historic light station at the time of conveyance shall remain the personal property of the United States under the administrative control of the Commandant, United States Coast

Guard.

(3) COVENANTS.—All conditions placed with the quitclaim

deed of title to the historic light station shall be construed as

covenants running with the land.

(4) SUBMERGED LANDS.—No submerged lands shall be conveyed under this section.

(e) DEFINITIONS.—For purposes of this section:

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ shall mean

the Administrator of General Services.

(2) HISTORIC LIGHT STATION.—The term ‘‘historic light station’’ includes the light tower, lighthouse, keepers dwelling, garages, storage sheds, oil house, fog signal building, boat house,

barn, pumphouse, tramhouse support structures, piers, walkways, underlying and appurtenant land and related real property and improvements associated therewith; provided that the
11–39 Sec. 309 NATIONAL HISTORIC PRESERVATION ACT

‘‘historic light station’’ shall be included in or eligible for inclusion in the National Register of Historic Places.

(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ shall

mean:

(A) any department or agency of the Federal Government; or

(B) any department or agency of the State in which

the historic light station is located, the local government

of the community in which the historic light station is located, nonprofit corporation, educational agency, or community development organization that—

(i) has agreed to comply with the conditions set

forth in subsection (c) and to have such conditions recorded with the deed of title to the historic light station; and

(ii) is financially able to maintain the historic

light station in accordance with the conditions set

forth in subsection (c).

(4) FEDERAL AID TO NAVIGATION.—The term ‘‘Federal aid to

navigation’’ shall mean any device, operated and maintained

by the United States, external to a vessel or aircraft, intended

to assist a navigator to determine position or safe course, or to

warn of dangers or obstructions to navigation, and shall include, but not be limited to, a light, lens, lantern, antenna,

sound signal, camera, sensor, electronic navigation equipment,

power source, or other associated equipment.

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.

SEC. 309. ø16 U.S.C. 470w–8¿ HISTORIC LIGHT STATION SALES.

(a) IN GENERAL.—In the event no applicants are approved for

the conveyance of a historic light station pursuant to section 308,

the historic light station shall be offered for sale. Terms of such

sales shall be developed by the Administrator of General Services

and consistent with the requirements of section 308, subparagraphs (A) through (D) and (H) of subsection (c)(1), and subsection

(c)(2). Conveyance documents shall include all necessary covenants

to protect the historical integrity of the historic light station and

ensure that any Federal aid to navigation located at the historic

light station is operated and maintained by the United States for

as long as needed for that purpose.

(b) NET SALE PROCEEDS.—Net sale proceeds from the disposal

of a historic light station—

(1) located on public domain lands shall be transferred to

the National Maritime Heritage Grant Program, established by

the National Maritime Heritage Act of 1994 (Public Law 103–

451) within the Department of the Interior; and

(2) under the administrative control of the Coast Guard

shall be credited to the Coast Guard’s Operating Expenses appropriation account, and shall be available for obligation and

expenditure for the maintenance of light stations remaining

under the administrative control of the Coast Guard, such

funds to remain available until expended and shall be available in addition to funds available in the Operating Expense

appropriation for this purpose.
Sec. 401 NATIONAL HISTORIC PRESERVATION ACT 11–40

TITLE IV—NATIONAL CENTER FOR

PRESERVATION TECHNOLOGY AND TRAINING

SEC. 401. ø16 U.S.C. 470x¿ FINDINGS.

The Congress finds and declares that, given the complexity of

technical problems encountered in preserving historic properties

and the lack of adequate distribution of technical information to

preserve such properties, a national initiative to coordinate and

promote research, distribute information, and provide training

about preservation skills and technologies would be beneficial.

SEC. 402. ø16 U.S.C. 470x–1¿ DEFINITIONS.

For the purposes of this title— (1) The term ‘‘Board’’ means the National Preservation

Technology and Training Board established pursuant to section

404.

(2) The term ‘‘Center’’ means the National Center for Preservation Technology and Training established pursuant to section 403.

(3) The term ‘‘Secretary’’ means the Secretary of the Interior.

SEC. 403. ø16 U.S.C. 470x–2¿ ESTABLISHMENT OF NATIONAL CENTER.

(a) ESTABLISHMENT.—There is hereby established within the

Department of the Interior a National Center for Preservation

Technology and Training. The Center shall be located at Northwestern State University of Louisiana in Natchitoches, Louisiana.

(b) PURPOSES.—The purposes of the Center shall be to— (1) develop and distribute preservation and conservation

skills and technologies for the identification, evaluation, conservation, and interpretation of prehistoric and historic resources;

(2) develop and facilitate training for Federal, State and

local resource preservation professionals, cultural resource

managers, maintenance personnel, and others working in the

preservation field;

(3) take steps to apply preservation technology benefits

from ongoing research by other agencies and institutions;

(4) facilitate the transfer of preservation technology among

Federal agencies, State and local governments, universities,

international organizations, and the private sector; and

(5) cooperate with related international organizations including, but not limited to the International Council on Monuments and Sites, the International Center for the Study of

Preservation and Restoration of Cultural Property, and the

International Council on Museums.

(c) PROGRAMS.—Such purposes shall be carried out through research, professional training, technical assistance, and programs

for public awareness, and through a program of grants established

under section 405.

(d) EXECUTIVE DIRECTOR.—The Center shall be headed by an

Executive Director with demonstrated expertise in historic preservation appointed by the Secretary with advice of the Board.

(e) ASSISTANCE FROM SECRETARY.—The Secretary shall provide

the Center assistance in obtaining such personnel, equipment, and

facilities as may be needed by the Center to carry out its activities.
11–41 Sec. 406 NATIONAL HISTORIC PRESERVATION ACT

SEC. 404. ø16 U.S.C. 470x–3¿ PRESERVATION TECHNOLOGY AND TRAINING BOARD.

(a) ESTABLISHMENT.—There is established a Preservation Technology and Training Board.

(b) DUTIES.—The Board shall—

(1) provide leadership, policy advice, and professional oversight to the Center;

(2) advise the Secretary on priorities and the allocation of

grants among the activities of the Center; and

(3) submit an annual report to the President and the Congress.

(c) MEMBERSHIP.—The Board shall be comprised of—

(1) the Secretary, or the Secretary’s designee;

(2) 6 members appointed by the Secretary who shall represent appropriate Federal, State, and local agencies, State

and local historic preservation commissions, and other public

and international organizations; and

(3) 6 members appointed by the Secretary on the basis of

outstanding professional qualifications who represent major organizations in the fields of archaeology, architecture, conservation, curation, engineering, history, historic preservation, landscape architecture, planning, or preservation education.

SEC. 405. ø16 U.S.C. 470x–4¿ PRESERVATION GRANTS.

(a) IN GENERAL.—The Secretary, in consultation with the

Board, shall provide preservation technology and training grants to

eligible applicants with a demonstrated institutional capability and

commitment to the purposes of the Center, in order to ensure an

effective and efficient system of research, information distribution

and skills training in all the related historic preservation fields.

(b) GRANT REQUIREMENTS.—(1) Grants provided under this section shall be allocated in such a fashion to reflect the diversity of

the historic preservation fields and shall be geographically distributed.

(2) No grant recipient may receive more than 10 percent of the

grants allocated under this section within any year.

(3) The total administrative costs, direct and indirect, charged

for carrying out grants under this section may not exceed 25 percent of the aggregate costs.

(c) ELIGIBLE APPLICANTS.—Eligible applicants may include

Federal and non-Federal laboratories, accredited museums, universities, nonprofit organizations; offices, units, and Cooperative Park

Study Units of the National Park System, State Historic Preservation Offices, tribal preservation offices, and Native Hawaiian organizations.

(d) STANDARDS.—All such grants shall be awarded in accordance with accepted professional standards and methods, including

peer review of projects.

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section such sums as may be

necessary.

SEC. 406. ø16 U.S.C. 470x–5¿ GENERAL PROVISIONS.

(a) ACCEPTANCE OF GRANTS AND TRANSFERS.—The Center may

accept—
Sec. 407 NATIONAL HISTORIC PRESERVATION ACT 11–42

(1) grants and donations from private individuals, groups,

organizations, corporations, foundations, and other entities;

and

(2) transfers of funds from other Federal agencies.

(b) CONTRACTS AND COOPERATIVE AGREEMENTS.—Subject to appropriations, the Center may enter into contracts and cooperative

agreements with Federal, State, local, and tribal governments, Native Hawaiian organizations, educational institutions, and other

public entities to carry out the Center’s responsibilities under this

title.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary for the establishment, operation, and maintenance of the Center. Funds for the

Center shall be in addition to existing National Park Service programs, centers, and offices.

SEC. 407. ø16 U.S.C. 470x–6¿ NATIONAL PARK SERVICE PRESERVATION.

In order to improve the use of existing National Park Service

resources, the Secretary shall fully utilize and further develop the

National Park Service preservation (including conservation) centers

and regional offices. The Secretary shall improve the coordination

of such centers and offices within the National Park Service, and

shall, where appropriate, coordinate their activities with the Center

and with other appropriate parties.
11–43

B. SECTION 603 OF PUBLIC LAW 89–754

(section 603 of the Demonstration Cities and Metropolitan Development Act of 1966;

Approved November 3, 1966; 80 Stat. 1278; 16 U.S.C. 470b–1)

GRANTS TO NATIONAL TRUST FOR HISTORIC PRESERVATION TO COVER

RESTORATION COSTS

SEC. 603. ø16 U.S.C. 470b-1¿ (a) The Secretary of Housing and

Urban Development is authorized to make grants to the National

Trust for Historic Preservation, on such terms and conditions and

in such amounts (not exceeding $90,000 with respect to any one

structure) as he deems appropriate, to cover the costs incurred by

such Trust in renovating or restoring structures which it considers

to be of historic or architectural value and which it has accepted

and will maintain (after such renovation or restoration) for historic

purposes.

(b) There are authorized to be appropriated such sums as may

be necessary for the grants to be made under subsection (a).

11–45

1The Convention Concerning the Protection of the World Cultural and Natural Heritage, referred to in section 401(a), is classified at 27 UST 37.

C. TITLE IV OF PUBLIC LAW 96–515

(title IV of the National Historic Preservation Act Amendments of 1980; Approved

December 12, 1980; 94 Stat. 3000; 16 U.S.C. 470a–1 and 470a–2)

TITLE IV—INTERNATIONAL ACTIVITIES AND WORLD

HERITAGE CONVENTION

SEC. 401. ø16 U.S.C. 470a–1¿ (a) The Secretary of the Interior

shall direct and coordinate United States participation in the Convention Concerning the Protection of the World Cultural and Natural Heritage, 1 approved by the Senate on October 26, 1973, in cooperation with the Secretary of State, the Smithsonian Institution,

and the Advisory Council on Historic Preservation. Whenever possible, expenditures incurred in carrying out activities in cooperation with other nations and international organizations shall be

paid for in such excess currency of the country or area where the

expense is incurred as may be available to the United States.

(b) The Secretary of the Interior shall periodically nominate

properties he determines are of international significance to the

World Heritage Committee on behalf of the United States. No property may be so nominated unless it has previously been determined

to be of national significance. Each such nomination shall include

evidence of such legal protections as may be necessary to ensure

preservation of the property and its environment (including restrictive covenants, easements, or other forms of protection). Before

making any such nomination, 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.

(c) No non-Federal property may be nominated by the Secretary of the Interior to the World Heritage Committee for inclusion on the World Heritage List unless the owner of the property

concurs in writing to such nomination.

SEC. 402. ø16 U.S.C. 470a–2¿ Prior to the approval of any Federal undertaking outside the United States which may directly and

adversely affect a property which is on the World Heritage List or

on the applicable country’s equivalent of the National Register, the

head of a Federal agency having direct or indirect jurisdiction over

such undertaking shall take into account the effect of the undertaking on such property for purposes of avoiding or mitigating any

adverse effects.

11–47

D. SECTION 507 OF DIVISION I OF PUBLIC LAW 104–333

(section 507 of division I of the Omnibus Parks and Public Lands Management Act

of 1996; Approved November 12, 1996; 110 Stat. 4156; 16 U.S.C. 470a note)

SEC. 507. ø16 U.S.C. 470a note¿ HISTORICALLY BLACK COLLEGES AND

UNIVERSITIES HISTORIC BUILDING RESTORATION AND

PRESERVATION.

(a) AUTHORITY TO MAKE GRANTS.—From the amounts made

available to carry out the National Historic Preservation Act, the

Secretary of the Interior shall make grants in accordance with this

section to eligible historically black colleges and universities for the

preservation and restoration of historic buildings and structures on

the campus of these institutions.

(b) GRANT CONDITIONS.—Grants made under subsection (a)

shall be subject to the condition that the grantee covenants, for the

period of time specified by the Secretary, that—

(1) no alteration will be made in the property with respect

to which the grant is made without the concurrence of the Secretary; and

(2) reasonable public access to the property with respect to

which the grant is made will be permitted by the grantee for

interpretive and educational purposes.

(c) MATCHING REQUIREMENT FOR BUILDINGS AND STRUCTURES

LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES.—(1) Except as provided by paragraph (2), the Secretary may obligate

funds made available under this section for a grant with respect to

a building or structure listed on, or eligible for listing on, the National Register of Historic Places only if the grantee agrees to

match, from funds derived from non-Federal sources, the amount

of the grant with an amount that is equal or greater than the

grant.

(2) The Secretary may waive paragraph (1) with respect to a

grant if the Secretary determines from circumstances that an extreme emergency exists or that such a waiver is in the public interest to assure the preservation of historically significant resources.

(d) FUNDING PROVISION.—Pursuant to section 108 of the National Historic Preservation Act, $29,000,000 shall be made available to carry out the purposes of this section. Of amounts made

available pursuant to this section, $5,000,000 shall be available for

grants to Fisk University, $2,500,000 shall be available for grants

to Knoxville College, $2,000,000 shall be available for grants to

Miles College, Alabama, $1,500,000 shall be available for grants to

Talladega College, Alabama, $1,550,000 shall be available for

grants to Selma University, Alabama, $250,000 shall be available

for grants to Stillman College, Alabama, $200,000 shall be available for grants to Concordia College, Alabama, $2,900,000 shall be

available for grants to Allen University, South Carolina, $1,000,000
Sec. 507 SECTION 507 OF PUBLIC LAW 104–333 11–48

shall be available for grants to Claflin College, South Carolina,

$2,000,000 shall be available for grants to Voorhees College, South

Carolina, $1,000,000 shall be available for grants to Rust College,

Mississippi, and $3,000,000 shall be available for grants to

Tougaloo College, Mississippi.

(e) REGULATIONS.—The Secretary shall develop such guidelines

as may be necessary to carry out this section.

(f) DEFINITIONS.—For the purposes of this section:

(1) HISTORICALLY BLACK COLLEGES.—The term ‘‘historically

black colleges and universities’’ has the same meaning given

the term ‘‘part B institution’’ by section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

(2) HISTORIC BUILDING AND STRUCTURES.—The term ‘‘historic building and structures’’ means a building or structure

listed on, or eligible for listing on, the National Register of

Historic Places or designated a National Historic Landmark.
12–1

12. ACT OF AUGUST 21, 1935

(POPULARLY KNOWN AS THE HISTORIC SITES, BUILDINGS, AND

ANTIQUITIES ACT)

[As Amended Through Public Law 106–580, Dec. 31, 2000]

12–3

1For a complete list of National Historic Sites, National Battlefield Sites, National Heritage

Corridors, National Heritage Areas, and similar sites designated by law or executive action, see

16 U.S.C. 461 note.

12. ACT OF AUGUST 21, 1935

(POPULARLY KNOWN AS THE HISTORIC SITES, BUILDINGS, AND

ANTIQUITIES ACT)

(16 U.S.C. 461 et seq.)

AN ACT To provide for the preservation of historic American sites, buildings,

objects, and antiquities of national significance, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, ø16 U.S.C. 461¿

That it is hereby declared that it is a national policy to preserve

for public use historic sites, buildings and objects of national significance for the inspiration and benefit of the people of the United

States. 1

SEC. 2. ø16 U.S.C. 462¿ The Secretary of the Interior (hereinafter referred to as the Secretary), through the National Park Service, for the purpose of effectuating the policy expressed in section

1 hereof, shall have the following powers and perform the following

duties and functions:

(a) Secure, collate, and preserve drawings, plans, photographs,

and other data of historic and archaeologic sites, buildings, and objects.

(b) Make a survey of historic and archaeologic sites, buildings,

and objects for the purpose of determining which possess exceptional value as commemorating or illustrating the history of the

United States.

(c) Make necessary investigations and researches in the United

States relating to particular sites, buildings, or objects to obtain

true and accurate historical and archaeological facts and information concerning the same.

(d) For the purpose of this Act, acquire in the name of the

United States by gift, purchase, or otherwise any property, personal or real, or any interest or estate therein, title to any real

property to be satisfactory to the Secretary: Provided, That no such

property which is owned by any religious or educational institution,

or which is owned or administered for the benefit of the public

shall be so acquired without the consent of the owner: Provided

further, That no such property shall be acquired or contract or

agreement for the acquisition thereof made which will obligate the

general fund of the Treasury for the payment of such property, unless or until Congress has appropriated money which is available

for that purpose.
Sec. 3 HISTORIC SITES, BUILDINGS, AND ANTIQUITIES 12–4

(e) Contract and make cooperative agreements with States,

municipal subdivisions, corporations, associations, or individuals,

with proper bond where deemed advisable, to protect, preserve,

maintain, or operate any historic or archaeologic building, site, object, or property used in connection therewith for public use, regardless as to whether the title thereto is in the United States:

Provided, That no contract or cooperative agreement shall be made

or entered into which will obligate the general fund of the Treasury

unless or until Congress has appropriated money for such purpose.

(f) Restore, reconstruct, rehabilitate, preserve, and maintain

historic or prehistoric sites, buildings, objects, and properties of national historical or archaeological significance and where deemed

desirable establish and maintain museums in connection therewith.

(g) Erect and maintain tablets to mark or commemorate historic or prehistoric places and events of national historical or archaeological significance.

(h) Operate and manage historic and archaeologic sites, buildings, and properties acquired under the provisions of this Act together with lands and subordinate buildings for the benefit of the

public, such authority to include the power to charge reasonable

visitation fees and grant concessions, leases, or permits for the use

of land, building space, roads, or trails when necessary or desirable

either to accommodate the public or to facilitate administration:

Provided, That the Secretary may grant such concessions, leases,

or permits and enter into contracts relating to the same with responsible persons, firms, or corporations without advertising and

without securing competitive bids.

(i) When the Secretary determines that it would be administratively burdensome to restore, reconstruct, operate, or maintain any

particular historic or archaeologic site, building, or property donated to the United States through the National Park Service, he

may cause the same to be done by organizing a corporation for that

purpose under the laws of the District of Columbia or any State.

(j) Develop an educational program and service for the purpose

of making available to the public facts and information pertaining

to American historic and archaeologic sites, buildings, and properties of national significance. Reasonable charges may be made for

the dissemination of any such facts or information.

(k) Perform any and all acts, and make such rules and regulations not inconsistent with this Act as may be necessary and proper

to carry out the provisions thereof. Any person violating any of the

rules and regulations authorized by this Act shall be punished by

a fine of not more than $500 and be adjudged to pay all cost of the

proceedings.

SEC. 3. ø16 U.S.C. 463¿ (a) There is hereby established a National Park System Advisory Board, whose purpose shall be to advise the Director of the National Park Service on matters relating

to the National Park Service, the National Park System, and programs administered by the National Park Service. The Board shall

advise the Director on matters submitted to the Board by the Director as well as any other issues identified by the Board. Members

of the Board shall be appointed on a staggered term basis by the

Secretary for a term not to exceed 4 years and shall serve at the

pleasure of the Secretary. The Board shall be comprised of no more
12–5 Sec. 3 HISTORIC SITES, BUILDINGS, AND ANTIQUITIES

than 12 persons, appointed from among citizens of the United

States having a demonstrated commitment to the mission of the

National Park Service. Board members shall be selected to represent various geographic regions, including each of the administrative regions of the National Park Service. At least 6 of the members shall have outstanding expertise in 1 or more of the following

fields: history, archeology, anthropology, historical or landscape architecture, biology, ecology, geology, marine science, or social

science. At least 4 of the members shall have outstanding expertise

and prior experience in the management of national or State parks

or protected areas, or national or cultural resources management.

The remaining members shall have outstanding expertise in 1 or

more of the areas described above or in another professional or scientific discipline, such as financial management, recreation use

management, land use planning or business management, important to the mission of the National Park Service. At least 1 individual shall be a locally elected official from an area adjacent to a

park. The Board shall hold its first meeting by no later than 60

days after the date on which all members of the Advisory Board

who are to be appointed have been appointed. Any vacancy in the

Board shall not affect its powers, but shall be filled in the same

manner in which the original appointment was made. The Board

may adopt such rules as may be necessary to establish its procedures and to govern the manner of its operations, organization, and

personnel. All members of the Board shall be reimbursed for travel

and per diem in lieu of subsistence expenses during the performance of duties of the Board while away from home or their regular

place of business, in accordance with subchapter 1 of chapter 57 of

title 5, United States Code. With the exception of travel and per

diem as noted above, a member of the Board who is otherwise an

officer or employee of the United States Government shall serve on

the Board without additional compensation. It shall be the duty of

such board to advise the Secretary on matters relating to the National Park System, to other related areas, and to the administration of this Act, including but not limited to matters submitted to

it for consideration by the Secretary, but it shall not be required

to recommend as to the suitability or desirability of surplus real

and related personal property for use as an historic monument.

Such board shall also provide recommendations on the designation

of national historic landmarks and national natural landmarks.

Such board is strongly encouraged to consult with the major scholarly and professional organizations in the appropriate disciplines in

making such recommendations.

(b)(1) The Secretary is authorized to hire 2 full-time staffers to

meet the needs of the Advisory Board.

(2) Service of an individual as a member of the Board shall not

be considered as service or employment bringing such individual

within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of

services, or the payment or receipt of compensation in connection

with claims, proceedings, or matters involving the United States.

Service as a member of the Board, or as an employee of the Board,

shall not be considered service in an appointive or elective position
Sec. 3 HISTORIC SITES, BUILDINGS, AND ANTIQUITIES 12–6

1So in original; the period probably should be a comma.

in the Government for purposes of section 8344 of title 5, United

States Code, or comparable provisions of Federal law.

(c)(1) Upon request of the Director, the Board is authorized

to— (A) hold such hearings and sit and act at such times,

(B) take such testimony,

(C) have such printing and binding done,

(D) enter into such contracts and other arrangements. 1

(E) make such expenditures, and

(F) take such other actions, as the Board may deem advisable. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board.

(2) The Board may establish committees or subcommittees.

Any such subcommittees or committees shall be chaired by a voting

member of the Board.

(d) The provisions of the Federal Advisory Committee Act shall

apply to the Board established under this section with the exception of section 14(b).

(e)(1) The Board is authorized to secure directly from any office, department, agency, establishment, or instrumentality of the

Federal Government such information as the Board may require

for the purpose of this section, and each such officer, department,

agency, establishment, or instrumentality is authorized and directed to furnish, to the extent permitted by law, such information,

suggestions, estimates, and statistics directly to the Board, upon

request made by a member of the Board.

(2) Upon the request of the Board, the head of any Federal department, agency, or instrumentality is authorized to make any of

the facilities and services of such department, agency, or instrumentality to the Board, on a nonreimbursable basis, to assist the

Board in carrying out its duties under this section.

(3) The Board may use the United States mails in the same

manner and under the same conditions as other departments and

agencies in the United States.

(f) The National Park System Advisory Board shall continue to

exist until January 1, 2006. The provisions of section 14(b) of the

Federal Advisory Committee Act (the Act of October 6, 1972; 86

Stat. 776) are hereby waived with respect to the Board, but in all

other respects, it shall be subject to the provisions of the Federal

Advisory Committee Act.

(g) There is hereby established the National Park Service Advisory Council (hereafter in this section referred to as the ‘‘advisory

council’’) which shall provide advice and counsel to the National

Park System Advisory Board. Membership on the advisory council

shall be limited to those individuals whose term on the advisory

board has expired. Such individuals may serve as long as they remain active except that not more than 12 members may serve on

the advisory council at any one time. Members of the advisory

council shall not have a vote on the National Park System Advisory

Board. Members of the advisory council shall receive no salary but

may be paid expenses incidental to travel when engaged in discharging their duties as members. Initially, the Secretary shall

choose 12 former members of the Advisory Board to constitute the
12–7 Sec. 7 HISTORIC SITES, BUILDINGS, AND ANTIQUITIES

1Subsection ‘‘(a)’’ in brackets at the beginning of section 4 is omitted from the Act.

advisory council. In so doing, the Secretary shall consider their professional expertise and demonstrated commitment to the National

Park System and to the Advisory Board.

SEC. 4. ø16 U.S.C. 464¿ ø(a)¿ 1 The Secretary, in administering

this Act, is authorized to cooperate with and may seek and accept

the assistance of any Federal, State, or municipal department or

agency, or any educational or scientific institution, or any patriotic

association, or any individual.

(b) When deemed necessary, technical advisory committees

may be established to act in an advisory capacity in connection

with the restoration or reconstruction of any historic or prehistoric

building or structure.

(c) Such professional and technical assistance may be employed

without regard to the civil-service laws, and such service may be

established as may be required to accomplish the purposes of this

Act and for which money may be appropriated by Congress or

made available by gifts for such purpose.

SEC. 5. ø16 U.S.C. 465¿ Nothing in this Act shall be held to

deprive any State, or political subdivision thereof, of its civil and

criminal jurisdiction in and over lands acquired by the United

States under this Act.

SEC. 6. ø16 U.S.C. 466¿ REQUIREMENT FOR SPECIFIC AUTHORIZATION

FOR PROJECTS UNDER THE HISTORIC SITES, BUILDINGS,

AND ANTIQUITIES ACT.

(a) IN GENERAL.—Except as provided in subsection (b), notwithstanding any other provision of law, no funds appropriated or

otherwise made available to the Secretary of the Interior to carry

out section 2(e) or 2(f) may be obligated or expended after the date

of enactment of this section—

(1) unless the appropriation of such funds has been specifically authorized by law enacted on or after the date of enactment of this section; or

(2) in excess of the amount prescribed by law enacted on

or after such date.

(b) SAVINGS PROVISION.—Nothing in this section shall prohibit

or limit the expenditure or obligation of any funds appropriated

prior to January 1, 1993.

(c) AUTHORIZATION OF APPROPRIATIONS.—Except as provided by

subsection (a), there is authorized to be appropriated for carrying

out the purposes of this Act such sums as the Congress may from

time to time determine.

SEC. 7. ø16 U.S.C. 467¿ The provisions of this Act shall control

if any of them are in conflict with any other Act or Acts relating

to the same subject matter.
13–1

13. ACT OF JUNE 8, 1906

(POPULARLY KNOWN AS THE ANTIQUITIES ACT OF 1906)

[As Amended Through Public Law 106–580, Dec. 31, 2000]

13–3

1For a list of National Monuments established under Presidential proclamation and miscellaneous National Monuments and National Memorials established by Act of Congress, see 16

U.S.C. 431 note.

13. ACT OF JUNE 8, 1906

(POPULARLY KNOWN AS THE ANTIQUITIES ACT OF 1906)

(16 U.S.C. 431 et seq.)

CHAP. 3060.—AN ACT For the preservation of American antiquities.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That ø16 U.S.C.

433¿ 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 five hundred dollars 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.

SEC. 2. 1 ø16 U.S.C. 431¿ That the President of the United

States is hereby 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: Provided, That

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 hereby authorized to accept the relinquishment of such tracts in behalf of the Government of the

United States.

SEC. 3. ø16 U.S.C. 432¿ That 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 War to institutions which they may deem properly

qualified to conduct such examination, excavation, or gatherings,

subject to such rules and regulations as they may prescribe: Provided, That the examinations, excavations, and gatherings are un-
Sec. 4 ANTIQUITIES 13–4

dertaken 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.

SEC. 4. ø16 U.S.C. 432¿ That the Secretaries of the Departments aforesaid shall make and publish from time to time uniform

rules and regulations for the purposes of carrying out the provisions of this Act.
14–1

14. PUBLIC LAW 86–523

(POPULARLY KNOWN AS THE ARCHAEOLOGICAL RECOVERY ACT)

[As Amended Through Public Law 106–580, Dec. 31, 2000]

14–3

1This Act is also known as the ‘‘Archaeological Salvage Act’’ or the ‘‘Moss-Bennett Act’’.

14. PUBLIC LAW 86–523

(POPULARLY KNOWN AS THE ARCHAEOLOGICAL RECOVERY ACT 1)

(Approved June 27, 1960; 16 U.S.C. 469 et seq.)

AN ACT To provide for the preservation of historical and archeological data (including relics and specimens) which might otherwise be lost as the result of the construction of a dam.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, ø16 U.S.C. 469¿

That it is the purpose of this Act to further the policy set forth in

the Act entitled ‘‘An Act to provide for the preservation of historic

American sites, buildings, objects, and antiquities of national significance, and for other purposes’’, approved August 21, 1935 (16

U.S.C. 461–467), by specifically providing for the preservation of

historical and archeological data (including relics and specimens)

which might otherwise be irreparably lost or destroyed as the result of (1) flooding, the building of access roads, the erection of

workmen’s communities, the relocation of railroads and highways,

and other alterations of the terrain caused by the construction of

a dam by any agency of the United States, or by any private person

or corporation holding a license issued by any such agency or (2)

any alteration of the terrain caused as a result of any Federal construction project or federally licensed activity or program.

SEC. 2. ø16 U.S.C. 469a¿ Before any agency of the United

States shall undertake the construction of a dam, or issue a license

to any private individual or corporation for the construction of a

dam, it shall give written notice to the Secretary of the Interior

(hereafter referred to as the Secretary) setting forth the site of the

proposed dam and the approximate area to be flooded and otherwise changed if such construction is undertaken: Provided, That

with respect to any floodwater retarding dam which provides less

than five thousand acre-feet of detention capacity and with respect

to any other type of dam which creates a reservoir of less than

forty surface acres the provisions of this section shall apply only

when the constructing agency, in its preliminary surveys, finds, or

is presented with evidence that historical or archeological materials

exist or may be present in the proposed reservoir area.

SEC. 3. ø16 U.S.C. 469a–1¿ (a) Whenever any Federal agency

finds, or is notified, in writing, by an appropriate historical or archeological authority, that its activities in connection with any Federal construction project or federally licensed project, activity, or

program may cause irreparable loss or destruction of significant
Sec. 4 ARCHAEOLOGICAL RECOVERY 14–4

scientific, prehistorical, historical, or archeological data, such agency shall notify the Secretary, in writing, and shall provide the Secretary with appropriate information concerning the project, program, or activity. Such agency may request the Secretary to undertake the recovery, protection, and preservation of such data (including preliminary survey, or other investigation as needed, and analysis and publication of the reports resulting from such investigation), or it may, with funds appropriated for such project, program,

or activity, undertake such activities. Copies of reports of any investigations made pursuant to this section shall be submitted to

the Secretary, who shall make them available to the public for inspection and review.

(b) Whenever any Federal agency provides financial assistance

by loan, grant, or otherwise to any private person, association, or

public entity, the Secretary, if he determines that significant scientific, prehistorical, historical, or archeological data might be irrevocably lost or destroyed, may with funds appropriated expressly

for this purpose conduct, with the consent of all persons, associations, or public entities having a legal interest in the property involved, a survey of the affected site and undertake the recovery,

protection, and preservation of such data (including analysis and

publication). The Secretary shall, unless otherwise mutually agreed

to in writing, compensate any person, association, or public entity

damaged as a result of delays in construction or as a result of the

temporary loss of the use of private or any nonfederally owned

lands.

SEC. 4. ø16 U.S.C. 469a–2¿ (a) The Secretary, upon notification, in writing, by any Federal or State agency or appropriate historical or archeological authority that scientific, prehistorical, historical, or archeological data is being or may be irrevocably lost or

destroyed by any Federal or federally assisted or licensed project,

activity, or program, shall if he determines that such data is significant and is being or may be irrevocably lost or destroyed and

after reasonable notice to the agency responsible for funding or licensing such project, activity, or program, conduct or cause to be

conducted a survey and other investigation of the areas which are

or may be affected and recover and preserve such data (including

analysis and publication) which, in his opinion, are not being, but

should be, recovered and preserved in the public interest.

(b) No survey or recovery work shall be required pursuant to

this section which, in the determination of the head of the responsible agency, would impede Federal or federally assisted or licensed

projects or activities undertaken in connection with any emergency,

including projects or activities undertaken in anticipation of, or as

a result of, a natural disaster.

(c) The Secretary shall initiate the survey or recovery effort

within sixty days after notification to him pursuant to subsection

(a) of this section or within such time as may be agreed upon with

the head of the agency responsible for funding or licensing the

project, activity, or program in all other cases.

(d) The Secretary shall, unless otherwise mutually agreed to in

writing, compensate any person, association, or public entity damaged as a result of delays in construction or as a result of the temporary loss of the use of private or nonfederally owned land.
14–5 Sec. 7 ARCHAEOLOGICAL RECOVERY

SEC. 5. ø16 U.S.C. 469a–3¿ (a) The Secretary shall keep the

agency responsible for funding or licensing the project notified at

all times of the progress of any survey made under this Act, or of

any work undertaken as a result of such survey, in order that there

will be as little disruption or delay as possible in the carrying out

of the functions of such agency and the survey and recovery programs shall terminate at a time mutually agreed upon by the Secretary and the head of such agency unless extended by mutual

agreement.

(b) The Secretary shall consult with any interested Federal and

State agencies, educational and scientific organizations, and private institutions and qualified individuals, with a view to determining the ownership of and the most appropriate repository for

any relics and specimens recovered as a result of any work performed as provided for in this section.

(c) The Secretary shall coordinate all Federal survey and recovery activities authorized under this Act.

SEC. 6. ø16 U.S.C. 469b¿ In the administration of this Act, the

Secretary may—

(1) enter into contracts or make cooperative agreements

with any Federal or State agency, any educational or scientific

organization, or any institution, corporation, association, or

qualified individual; and

(2) obtain the services of experts and consultants or organizations thereof in accordance with section 3109 of title 5,

United States Code; and

(3) accept and utilize funds made available for salvage archeological purposes by any private person or corporation or

transferred to him by any Federal agency.

SEC. 7. ø16 U.S.C. 469c¿ (a) To carry out the purposes of this

Act, any Federal agency responsible for a construction project may

assist the Secretary and/or it may transfer to him such funds as

may be agreed upon, but not more than 1 per centum of the total

amount authorized to be appropriated for such project, except that

the 1 per centum limitation of this section shall not apply in the

event that the project involves $50,000 or less: Provided, That the

costs of such survey, recovery, analysis, and publication shall be

considered nonreimbursable project costs.

(b) For the purposes of subsection 3(b), there are authorized to

be appropriated such sums as may be necessary, but not more than

$500,000 in fiscal year 1974; $1,000,000 in fiscal year 1975;

$1,500,000 in fiscal year 1976; $1,500,000 in fiscal year 1977;

$1,500,000 in fiscal year 1978; $500,000 in fiscal year 1979;

$1,000,000 in fiscal year 1980; $1,500,000 in fiscal year 1981;

$1,500,000 in fiscal year 1982; and $1,500,000 in fiscal year 1983.

(c) For the purposes of subsection 4(a), there are authorized to

be appropriated not more than $2,000,000 in fiscal year 1974;

$2,000,000 in fiscal year 1975; $3,000,000 in fiscal year 1976;

$3,000,000 in fiscal year 1977; $3,000,000 in fiscal year 1978;

$3,000,000 in fiscal year 1979; $3,000,000 in fiscal year 1980;

$3,500,000 in fiscal year 1981; $3,500,000 in fiscal year 1982; and

$4,000,000 in fiscal year 1983.
Sec. 8 ARCHAEOLOGICAL RECOVERY 14–6

(d) Beginning fiscal year 1979, sums appropriated for purposes

of section 7 shall remain available until expended.

SEC. 8. ø16 U.S.C. 469c–1¿ As used in this Act, the term

‘‘State’’ includes the several States of the Union, the District of Columbia, 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.
15–1

15. ARCHAEOLOGICAL RESOURCES PROTECTION ACT

OF 1979

[As Amended Through Public Law 106–580, Dec. 31, 2000]

15–3

15. ARCHAEOLOGICAL RESOURCES PROTECTION ACT

OF 1979

(Public Law 96–95; Approved October 31 1979; 16 U.S.C. 470aa through 470mm)

AN ACT To protect archaeological resources on public lands and Indian lands, and

for other purposes.

Be it enacted of the Senate and house of Representatives of the

United States of America in Congress assembled,

SHORT TITLE

SECTION 1. ø16 U.S.C. 470aa note¿ This Act may be cited as

the ‘‘Archaeological Resources Protection Act of 1979’’.

FINDINGS AND PURPOSE

SEC. 2. ø16 U.S.C. 470aa¿ (a) The Congress finds that— (1) archaeological resources on public lands and Indian

lands are an accessible and irreplaceable part of the Nation’s

heritage;

(2) these resources are increasingly endangered because of

their commercial attractiveness;

(3) existing Federal laws do not provide adequate protection to prevent the loss and destruction of these archaeological

resources and sites resulting from uncontrolled excavations

and pillage; and

(4) there is a wealth of archaeological information which

has been legally obtained by private individuals for noncommercial purposes and which could voluntarily be made

available to professional archaeologists and institutions.

(b) The purpose of this Act is to secure, for the present and future benefit of the American people, the protection of archaeological

resources and sites which are on public lands and Indian lands,

and to foster increased cooperation and exchange of information between governmental authorities, the professional archaeological

community, and private individuals having collections of archaeological resources and data which were obtained before the date of

the enactment of this Act.

DEFINITIONS

SEC. 3. ø16 U.S.C. 470bb¿ As used in this Act— (1) The term ‘‘archaeological resource’’ means any material

remains of past human life or activities which are of archaeological interest, as determined under uniform regulations promulgated pursuant to this Act. Such regulations containing

such determination shall include, but not be limited to: pottery,

basketry, bottles, weapons, weapon projectiles, tools, structures

or portions of structures, pit houses, rock paintings, rock carv-
Sec. 3 ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979 15–4

1Paragraph (3)(A)(iii) probably should end with ‘‘, and’’ rather than ‘‘; and’’.

ings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items. Nonfossilized and

fossilized paleontological specimens, or any portion or piece

thereof, shall not be considered archaeological resources, under

the regulations under this paragraph, unless found in an archaeological context. No item shall be treated as an archaeological resource under regulations under this paragraph unless such item is at least 100 years of age.

(2) The term ‘‘Federal land manager’’ means, with respect

to any public lands, the Secretary of the department, or the

head of any other agency or instrumentality of the United

States, having primary management authority over such lands.

In the case of any public lands or Indian lands with respect to

which no department, agency, or instrumentality has primary

management authority, such term means the Secretary of the

Interior. If the Secretary of the Interior consents, the responsibilities (in whole or in part) under this Act of the Secretary

of any department (other than the Department of the Interior)

or the head of any other agency or instrumentality may be delegated to the Secretary of the Interior with respect to any land

managed by such other Secretary or agency head, and in any

such case, the term ‘‘Federal land manager’’ means the Secretary of the Interior.

(3) The term ‘‘public lands’’ means—

(A) lands which are owned and administered by the

United States as part of—

(i) the national park system,

(ii) the national wildlife refuge system, or

(iii) the national forest system; and 1

(B) all other lands the fee title to which is held by the

United States, other than lands on the Outer Continental

Shelf and lands which are under the jurisdiction of the

Smithsonian Institution.

(4) The term ‘‘Indian lands’’ means lands of Indian tribes,

or Indian individuals, which are either held in trust by the

United States or subject to a restriction against alienation imposed by the United States, except for any subsurface interests

in lands not owned or controlled by an Indian tribe or an Indian individual.

(5) The term ‘‘Indian tribe’’ means any Indian tribe, band,

nation, or other organized group or community, including any

Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims

Settlement Act (85 Stat. 688).

(6) The term ‘‘person’’ means an individual, corporation,

partnership, trust, institution, association, or any other private

entity or any officer, employee, agent, department, or instrumentality of the United States, of any Indian tribe, or of any

State or political subdivision thereof.

(7) The term ‘‘State’’ means any of the fifty States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.
15–5 Sec. 4 ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979

EXCAVATION AND REMOVAL

SEC. 4. ø16 U.S.C. 470cc¿ (a) Any person may apply to the

Federal land manager for a permit to excavate or remove any archaeological resource located on public lands or Indian lands and

to carry out activities associated with such excavation or removal.

The application shall be required, under uniform regulations under

this Act, to contain such information as the Federal land manager

deems necessary, including information concerning the time, scope,

and location and specific purpose of the proposed work.

(b) A permit may be issued pursuant to an application under

subsection (a) if the Federal land manager determines, pursuant to

uniform regulations under this Act, that—

(1) the applicant is qualified, to carry out the permitted activity,

(2) the activity is undertaken for the purpose of furthering

archaeological knowledge in the public interest,

(3) the archaeological resources which are excavated or removed from public lands will remain the property of the

United States, and such resources and copies of associated archaeological records and data will be preserved by a suitable

university, museum, or other scientific or educational institution, and

(4) the activity pursuant to such permit is not inconsistent

with any management plan applicable to the public lands concerned.

(c) If a permit issued under this section may result in harm to,

or destruction of, any religious or cultural site, as determined by

the Federal land manager, before issuing such permit, the Federal

land manager shall notify any Indian tribe which may consider the

site as having religious or cultural importance. Such notice shall

not be deemed a disclosure to the public for purposes of section 9.

(d) Any permit under this section shall contain such terms and

conditions, pursuant to uniform regulations promulgated under

this Act, as the Federal land manager concerned deems necessary

to carry out the purposes of this Act.

(e) Each permit under this section shall identify the individual

who shall be responsible for carrying out the terms and conditions

of the permit and for otherwise complying with this Act and other

law applicable to the permitted activity.

(f) Any permit issued under this section may be suspended by

the Federal land manager upon his determination that the permittee has violated any provision of subsection (a), (b), or (c) of section 6. Any such permit may be revoked by such Federal land manager upon assessment of a civil penalty under section 7 against the

permittee or upon the permittee’s conviction under section 6.

(g)(1) No permit shall be required under this section or under

the Act of June 8, 1906 (16 U.S.C. 431), for the excavation or removal by any Indian tribe or member thereof of any archaeological

resource located on Indian lands of such Indian tribe, except that

in the absence of tribal law regulating the excavation or removal

of archaeological resources on Indian lands, an individual tribal

member shall be required to obtain a permit under this section.

(2) In the case of any permits for the excavation or removal of

any archaeological resource located on Indian lands, the permit
Sec. 5 ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979 15–6

may be granted only after obtaining the consent of the Indian or

Indian tribe owning or having jurisdiction over such lands. The

permit shall include such terms and conditions as may be requested by such Indian or Indian tribe.

(h)(1) No permit or other permission shall be required under

the Act of June 8, 1906 (16 U.S.C. 431–433), for any activity for

which a permit is issued under this section.

(2) Any permit issued under the Act of June 8, 1906, shall remain in effect according to its terms and conditions following the

enactment of this Act. No permit under this Act shall be required

to carry out any activity under a permit issued under the Act of

June 8, 1906, before the date of the enactment of this Act which

remains in effect as provided in this paragraph, and nothing in this

Act shall modify or affect any such permit.

(i) Issuance of a permit in accordance with this section and applicable regulations shall not require compliance with section 106

of the Act of October 15, 1966 (80 Stat. 917, 16 U.S.C. 470f).

(j) Upon the written request of the Governor of any State, the

Federal land manager shall issue a permit, subject to the provisions of subsections (b)(3), (b)(4), (c), (e), (f), (g), (h), and (i) of this

section for the purpose of conducting archaeological research, excavation, removal, and curation, on behalf of the State or its educational institutions, to such Governor or to such designee as the

Governor deems qualified to carry out the intent of this Act.

CUSTODY OF RESOURCES

SEC. 5. ø16 U.S.C. 470dd¿ The Secretary of the Interior may

promulgate regulations providing for—

(1) the exchange, where appropriate, between suitable universities, museums, or other scientific or educational institutions, of archaeological resources removed from public lands

and Indian lands pursuant to this Act, and

(2) the ultimate disposition of such resources and other resources removed pursuant to the Act of June 27, 1960 (16

U.S.C. 469–469c) or the Act of June 8, 1906 (16 U.S.C. 431–

433).

Any exchange or ultimate disposition under such regulation of archaeological resources excavated or removed from Indian lands

shall be subject to the consent of the Indian or Indian tribe which

owns or has jurisdiction over such lands. Following promulgation

of regulations under this section, notwithstanding any other provision of law, such regulations shall govern the disposition of archaeological resources removed from public lands and Indian lands pursuant to this Act.

PROHIBITED ACTS AND CRIMINAL PENALTIES

SEC. 6. ø16 U.S.C. 470ee¿ (a) No person may excavate, remove,

damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands unless such activity

is pursuant to a permit issued under section 4, a permit referred

to in section 4(h)(2), or the exemption contained in section 4(g)(1).

(b) No person may sell, purchase, exchange, transport, receive,

or offer to sell, purchase, or exchange any archaeological resource
15–7 Sec. 7 ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979

if such resource was excavated or removed from public lands or Indian lands in violation of— (1) the prohibition contained in subsection (a), or

(2) any provision, rule, regulation, ordinance, or permit in

effect under any other provision of Federal law.

(c) No person may sell, purchase, exchange, transport, receive,

or offer to sell, purchase, or exchange, in interstate or foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported, or received in violation of any provision, rule, regulation, ordinance, or permit in effect under State

or local law.

(d) Any person who knowingly violates, or counsels, procures,

solicits, or employs any other person to violate, any prohibition contained in subsection (a), (b), or (c) of this section shall, upon conviction, be fined not more than $10,000 or imprisoned not more than

one year, or both: Provided, however, That if the commercial or archaeological value of the archaeological resources involved and the

cost of restoration and repair of such resources exceeds the sum of

$500, such person shall be fined not more than $20,000 or imprisoned not more than two years, or both. In the case of a second or

subsequent such violation upon conviction such person shall be

fined not more than $100,000, or imprisoned not more than five

years, or both.

(e) The prohibitions contained in this section shall take effect

on the date of the enactment of this Act.

(f) Nothing in subsection (b)(1) of this section shall be deemed

applicable to any person with respect to an archaeological resource

which was in the lawful possession of such person prior to the date

of the enactment of this Act.

(g) Nothing in subsection (d) of this section shall be deemed applicable to any person with respect to the removal of arrowheads

located on the surface of the ground.

CIVIL PENALTIES

SEC. 7. ø16 U.S.C. 470ff¿ (a)(1) Any person who violates any

prohibition contained in an applicable regulation or permit issued

under this Act may be assessed a civil penalty by the Federal land

manager concerned. No penalty may be assessed under this subsection unless such person is given notice and opportunity for a

hearing with respect to such violation. Each violation shall be a

separate offense. Any such civil penalty may be remitted or mitigated by the Federal land manager concerned.

(2) The amount of such penalty shall be determined under regulations promulgated pursuant to this Act, taking into account, in

addition to other factors—

(A) the archaeological or commercial value of the archaeological resource involved, and

(B) the cost of restoration and repair of the resource and

the archaeological site involved.

Such regulations shall provide that, in the case of a second or subsequent violation by any person, the amount of such civil penalty

may be double the amount which would have been assessed if such

violation were the first violation by such person. The amount of

any penalty assessed under this subsection for any violation shall

not exceed an amount equal to double the cost of restoration and
Sec. 8 ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979 15–8

repair of resources and archaeological sites damaged and double

the fair market value of resources destroyed or not recovered.

(3) No penalty shall be assessed under this section for the removal of arrowheads located on the surface of the ground.

(b)(1) Any person aggrieved by an order assessing a civil penalty under subsection (a) may file a petition for judicial review of

such order with the United States District Court for the District of

Columbia or for any other district in which such a person resides

or transacts business. Such a petition may only be filed within the

30-day period beginning on the date the order making such assessment was issued. The court shall hear such action on the record

made before the Federal land manager and shall sustain his action

if it is supported by substantial evidence on the record considered

as a whole.

(2) If any person fails to pay an assessment of a civil penalty— (A) after the order making the assessment has become a

final order and such person has not filed a petition for judicial

review of the order in accordance with paragraph (1), or

(B) after a court in an action brought under paragraph (1)

has entered a final judgment upholding the assessment of a

civil penalty,

the Federal land managers may request the Attorney General to

institute a civil action in a district court of the United States for

any district in which such person is found, resides, or transacts

business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. In such action, the validity

and amount of such penalty shall not be subject to review.

(c) Hearings held during proceedings for the assessment of civil

penalties authorized by subsection (a) shall be conducted in accordance with section 554 of title 5 of the United States Code. The Federal land manager may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books,

and documents, and administer oaths. Witnesses summoned shall

be paid the same fees and mileage that are paid to witnesses in

the courts of the United States. In case of contumacy or refusal to

obey a subpena served upon any person pursuant to this paragraph, the district court of the United States for any district in

which such person is found or resides or transacts business, upon

application by the United States and after notice to such person,

shall have jurisdiction to issue an order requiring such person to

appear and give testimony before the Federal land manager or to

appear and produce documents before the Federal land manager,

or both, and any failure to obey such order of the court may be

punished by such court as a contempt thereof.

REWARDS; FORFEITURE

SEC. 8. ø16 U.S.C. 470gg¿ (a) Upon the certification of the Federal land manager concerned, the Secretary of the Treasury is directed to pay from penalties and fines collected under sections 6

and 7 an amount equal to one-half of such penalty or fine, but not

to exceed $500, to any person who furnishes information which

leads to the finding of a civil violation, or the conviction of criminal

violation, with respect to which such penalty or fine was paid. If

several persons provided such information, such amount shall be

divided among such persons. No officer or employee of the United
15–9 Sec. 10 ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979

1Subsection (b)(2) probably should end with ‘‘, and’’ rather than simply a comma.

States or of any State or local government who furnishes information or renders service in the performance of his official duties shall

be eligible for payment under this subsection.

(b) All archaeological resources with respect to which a violation of subsection (a), (b), or (c) of section 6 occurred and which are

in the possession of any person, and all vehicles and equipment of

any person which were used in connection with such violation, may

be (in the discretion of the court or administrative law judge, as

the case may be) subject to forfeiture to the United States upon— (1) such person’s conviction of such violation under section

6,

(2) assessment of a civil penalty against such person under

section 7 with respect to such violation, or

(3) a determination by any court that such archaeological

resources, vehicles, or equipment were involved in such violation.

(c) In cases in which a violation of the prohibition contained in

subsection (a), (b), or (c) of section 6 involve archaeological resources excavated or removed from Indian lands, the Federal land

manager or the court, as the case may be, shall provide for the payment to the Indian or Indian tribe involved of all penalties collected pursuant to section 7 and for the transfer to such Indian or

Indian tribe of all items forfeited under this section.

CONFIDENTIALITY

SEC. 9. ø16 U.S.C. 470hh¿ (a) Information concerning the nature and location of any archaeological resource for which the excavation or removal requires a permit or other permission under this

Act or under any other provision of Federal law may not be made

available to the public under subchapter II of chapter 5 of title 5

of the United States Code or under any other provision of law unless the Federal land manager concerned determines that such disclosure would— (1) further the purposes of this Act or the Act of June 27,

1960 (16 U.S.C. 469–469c), and

(2) not create a risk of harm to such resources or to the

site at which such resources are located.

(b) Notwithstanding the provisions of subsection (a), upon the

written request of the Governor of any State, which request shall

state— (1) the specific site or area for which information is sought,

(2) the purpose for which such information is sought, 1

(3) a commitment by the Governor to adequately protect

the confidentiality of such information to protect the resource

from commercial exploitation,

the Federal land manager concerned shall provide to the Governor

information concerning the nature and location of archaeological resources within the State of the requesting Governor.

REGULATIONS; INTERGOVERNMENTAL COORDINATION

SEC. 10. ø16 U.S.C. 470ii¿ (a) The Secretaries of the Interior,

Agriculture and Defense and the Chairman of the Board of the

Tennessee Valley Authority, after consultation with other Federal
Sec. 11 ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979 15–10

land managers, Indian tribes, representatives of concerned State

agencies, and after public notice and hearing, shall promulgate

such uniform rules and regulations as may be appropriate to carry

out the purposes of this Act. Such rules and regulations may be

promulgated only after consideration of the provisions of the American Indian Religious Freedom Act (92 Stat. 469; 42 U.S.C. 1996).

Each uniform rule or regulation promulgated under this Act shall

be submitted on the same calendar day 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, and no such uniform rule or regulation may take

effect before the expiration of a period of ninety calendar days following the date of its submission to such Committees.

(b) Each Federal land manager shall promulgate such rules

and regulations, consistent with the uniform rules and regulations

under subsection (a), as may be appropriate for the carrying out of

his functions and authorities under this Act.

(c) Each Federal land manager shall establish a program to increase public awareness of the significance of the archaeological resources located on public lands and Indian lands and the need to

protect such resources.

COOPERATION WITH PRIVATE INDIVIDUALS

SEC. 11. ø16 U.S.C. 470jj¿ The Secretary of the Interior shall

take such action as may be necessary, consistent with the purposes

of this Act, to foster and improve the communication, cooperation,

and exchange of information between—

(1) private individuals having collections of archaeological

resources and data which were obtained before the date of the

enactment of this Act, and

(2) Federal authorities responsible for the protection of archaeological resources on the public lands and Indian lands

and professional archaeologists and associations of professional

archaeologists.

In carrying out this section, the Secretary shall, to the extent practicable and consistent with the provisions of this Act, make efforts

to expand the archaeological data base for the archaeological resources of the United States through increased cooperation between

private individuals referred to in paragraph (1) and professional archaeologists and archaeological organizations.

SAVINGS PROVISIONS

SEC. 12. ø16 U.S.C. 470kk¿ (a) Nothing in this Act shall be

construed to repeal, modify, or impose additional restrictions on the

activities permitted under existing laws and authorities relating to

mining, mineral leasing, reclamation, and other multiple uses of

the public lands.

(b) Nothing in this Act applies to, or requires a permit for, the

collection for private purposes of any rock, coin, bullet, or mineral

which is not an archaeological resource, as determined under uniform regulations promulgated under section 3(1).

(c) Nothing in this Act shall be construed to affect any land

other than public land or Indian land or to affect the lawful recov-
15–11 Sec. 14 ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979

ery, collection, or sale of archaeological resources from land other

than public land or Indian land.

REPORT

SEC. 13. ø16 U.S.C. 470ll¿ As part of the annual report required to be submitted to the specified committees of the Congress

pursuant to section 5(c) of the Act of June 27, 1960 (74 Stat. 220;

16 U.S.C. 469–469a), the Secretary of the Interior shall comprehensively report as a separate component on the activities carried out

under the provisions of this Act, and he shall make such recommendations as he deems appropriate as to changes or improvements needed in the provisions of this Act. Such report shall include a brief summary of the actions undertaken by the with private individuals.

SEC. 14. ø16 U.S.C. 470mm¿ The Secretaries of the Interior,

Agriculture, and Defense and the Chairman of the Board of the

Tennessee Valley Authority shall—

(a) develop plans for surveying lands under their control to

determine the nature and extent of archeological resources on

those lands;

(b) prepare a schedule for surveying lands that are likely

to contain the most scientifically valuable archeological resources; and

(c) develop documents for the reporting of suspected violations of this Act and establish when and how those documents

are to be completed by officers, employees, and agents of their

respective agencies.
16–1

16. FEDERAL CAVE RESOURCES PROTECTION ACT OF

1988

[As Amended Through Public Law 106–580, Dec. 31, 2000]

16–3

16. FEDERAL CAVE RESOURCES PROTECTION ACT OF

1988

(Public Law 100–691; November 18, 1988; 16 U.S.C. 4301 through 4309)

AN ACT To protect cave resources on Federal lands, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

SECTION 1. ø16 U.S.C. 4301 note¿ SHORT TITLE.

This Act may be referred to as the ‘‘Federal Cave Resources

Protection Act of 1988’’.

SEC. 2. ø16 U.S.C. 4301¿ FINDINGS, PURPOSES, AND POLICY.

(a) FINDINGS.—The Congress finds and declares that—

(1) significant caves on Federal lands are an invaluable

and irreplaceable part of the Nation’s natural heritage; and

(2) in some instances, these significant caves are threatened due to improper use, increased recreational demand,

urban spread, and a lack of specific statutory protection.

(b) PURPOSES.—The purposes of this Act are—

(1) to secure, protect, and preserve significant caves on

Federal lands for the perpetual use, enjoyment, and benefit of

all people; and

(2) to foster increased cooperation and exchange of information between governmental authorities and those who utilize caves located on Federal lands for scientific, education, or

recreational purposes.

(c) POLICY.—It is the policy of the United States that Federal

lands be managed in a manner which protects and maintains, to

the extent practical, significant caves.

SEC. 3. ø16 U.S.C. 4302¿ DEFINITIONS.

For purposes of this Act:

(1) CAVE.—The term ‘‘cave’’ means any naturally occurring

void, cavity, recess, or system of interconnected passages which

occurs beneath the surface of the earth or within a cliff or

ledge (including any cave resource therein, but not including

any vug, mine, tunnel, aqueduct, or other manmade excavation) and which is large enough to permit an individual to

enter, whether or not the entrance is naturally formed or manmade. Such term shall include any natural pit, sinkhole, or

other feature which is an extension of the entrance.

(2) FEDERAL LANDS.—The term ‘‘Federal lands’’ means

lands the fee title to which is owned by the United States and

administered by the Secretary of Agriculture or the Secretary

of the Interior.
Sec. 4 FEDERAL CAVE RESOURCES PROTECTION ACT OF 1988 16–4

1 In paragraph (4), the term ‘‘settlement’’ in the ‘‘Alaska Native Claims settlement Act’’ should

be capitalized.

(3) INDIAN LANDS.—The term ‘‘Indian lands’’ means lands

of Indian tribes or Indian individuals which are either held in

trust by the United States for the benefit of an Indian tribe or

subject to a restriction against alienation imposed by the

United States.

(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional

or village corporation as defined in, or established pursuant to,

the Alaska Native Claims settlement 1 Act (43 U.S.C. 1601 et

seq.).

(5) CAVE RESOURCE.—The term ‘‘cave resource’’ includes

any material or substance occurring naturally in caves on Federal lands, such as animal life, plant life, paleontological deposits, sediments, minerals, speleogens, and speleothems.

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture or the Secretary of the Interior, as appropriate.

(7) SPELEOTHEM.—The term ‘‘speleothem’’ means any natural mineral formation or deposit occurring in a cave or lava

tube, including but not limited to any stalactite, stalagmite,

helictite, cave flower, flowstone, concretion, drapery, rimstone,

or formation of clay or mud.

(8) SPELEOGEN.—The term ‘‘speleogen’’ means relief features on the walls, ceiling, and floor of any cave or lava tube

which are part of the surrounding bedrock, including but not

limited to anastomoses, scallops, meander niches, petromorphs

and rock pendants in solution caves and similar features

unique to volcanic caves.

SEC. 4. ø16 U.S.C. 4303¿ MANAGEMENT ACTIONS.

(a) REGULATIONS.—Not later than nine months after the date

of the enactment of this Act, the Secretary shall issue such regulations as he deems necessary to achieve the purposes of this Act.

Regulations shall include, but not be limited to, criteria for the

identification of significant caves. The Secretaries shall cooperate

and consult with one another in preparation of the regulations. To

the extent practical, regulations promulgated by the respective Secretaries should be similar.

(b) IN GENERAL.—The Secretary shall take such actions as may

be necessary to further the purposes of this Act. Those actions shall

include (but need not be limited to)—

(1) identification of significant caves on Federal lands:

(A) The Secretary shall prepare an initial list of significant caves for lands under his jurisdiction not later

than one year after the publication of final regulations

using the significance criteria defined in such regulations.

Such a list shall be developed after consultation with appropriate private sector interests, including cavers.

(B) The initial list of significant caves shall be updated

periodically, after consultation with appropriate private

sector interests, including cavers. The Secretary shall prescribe by policy or regulation the requirements and process
16–5 Sec. 6 FEDERAL CAVE RESOURCES PROTECTION ACT OF 1988

by which the initial list will be updated, including management measures to assure that caves under consideration

for the list are protected during the period of consideration. Each cave recommended to the Secretary by interested groups for possible inclusion on the list of significant

caves shall be considered by the Secretary according to the

requirements prescribed pursuant to this paragraph, and

shall be added to the list if the Secretary determines that

the cave meets the criteria for significance as defined by

the regulations.

(2) regulation or restriction of use of significant caves, as

appropriate;

(3) entering into volunteer management agreements with

persons of the scientific and recreational caving community;

and

(4) appointment of appropriate advisory committees.

(c) PLANNING AND PUBLIC PARTICIPATION.—The Secretary

shall—

(1) ensure that significant caves are considered in the

preparation or implementation of any land management plan

if the preparation or revision of the plan began after the enactment of this Act; and

(2) foster communication, cooperation, and exchange of information between land managers, those who utilize caves, and

the public.

SEC. 5. ø16 U.S.C. 4304¿ CONFIDENTIALITY OF INFORMATION CONCERNING NATURE AND LOCATION OF SIGNIFICANT

CAVES.

(a) IN GENERAL.—Information concerning the specific location

of any significant cave may not be made available to the public

under section 552 of title 5, United States Code, unless the Secretary determines that disclosure of such information would further

the purposes of this Act and would not create a substantial risk of

harm, theft, or destruction of such cave.

(b) EXCEPTIONS.—Notwithstanding subsection (a), the Secretary may make available information regarding significant caves

upon the written request by Federal and State governmental agencies or bona fide educational and research institutions. Any such

written request shall, at a minimum—

(1) describe the specific site or area for which information

is sought;

(2) explain the purpose for which such information is

sought; and

(3) include assurances satisfactory to the Secretary that

adequate measures are being taken to protect the confidentiality of such information and to ensure the protection of the

significant cave from destruction by vandalism and unauthorized use.

SEC. 6. ø16 U.S.C. 4305¿ COLLECTION AND REMOVAL FROM FEDERAL

CAVES.

(a) PERMIT.—The Secretary is authorized to issue permits for

the collection and removal of cave resources under such terms and

conditions as the Secretary may impose, including the posting of

bonds to insure compliance with the provisions of any permit:
Sec. 7 FEDERAL CAVE RESOURCES PROTECTION ACT OF 1988 16–6

(1) Any permit issued pursuant to this section shall include information concerning the time, scope, location, and specific purpose of the proposed collection, removal or associated

activity, and the manner in which such collection, removal, or

associated activity is to be performed must be provided.

(2) The Secretary may issue a permit pursuant to this subsection only if he determines that the proposed collection or removal activities are consistent with the purposes of this Act,

and with other applicable provisions of law.

(b) REVOCATION OF PERMIT.—Any permit issued under this section shall be revoked by the Secretary upon a determination by the

Secretary that the permittee has violated any provision of this Act,

or has failed to comply with any other condition upon which the

permit was issued. Any such permit shall be revoked by the Secretary upon assessment of a civil penalty against the permittee

pursuant to section 8 or upon the permittee’s conviction under section 7 of this Act. The Secretary may refuse to issue a permit

under this section to any person who has violated any provision of

this Act or who has failed to comply with any condition of a prior

permit.

(c) TRANSFERABILITY OF PERMITS.—Permits issued under this

Act are not transferable.

(d) CAVE RESOURCES LOCATED ON INDIAN LANDS.—(1)(A) Upon

application by an Indian tribe, the Secretary is authorized to delegate to the tribe all authority of the Secretary under this section

with respect to issuing and enforcing permits for the collection or

removal of any cave resource, or to carrying out activities associated with such collection or removal, from any cave resource located on the affected Indian lands.

(B) In the case of any permit issued by the Secretary for the

collection or removal of any cave resource, or to carry out activities

associated with such collection or removal, from any cave resource

located on Indian lands (other than permits issued pursuant to

subparagraph (A)), the permit may be issued only after obtaining

the consent of the Indian or Indian tribe owning or having jurisdiction over such lands. The permit shall include such reasonable

terms and conditions as may be requested by such Indian or Indian

tribe.

(2) If the Secretary determines that issuance of a permit pursuant to this section may result in harm to, or destruction of, any

religious or cultural site, the Secretary, prior to issuing such permit, shall notify any Indian tribe which may consider the site as

having significant religious or cultural importance. Such notice

shall not be deemed a disclosure to the public for purposes of section 5.

(3) A permit shall not be required under this section for the

collection or removal of any cave resource located on Indian lands

or activities associated with such collection, by the Indian or Indian

tribe owning or having jurisdiction over such lands.

(e) EFFECT OF PERMIT.—No action specifically authorized by a

permit under this section shall be treated as a violation of section

7.

SEC. 7. ø16 U.S.C. 4306¿ PROHIBITED ACTS AND CRIMINAL PENALTIES.

(a) PROHIBITED ACTS.—
16–7 Sec. 8 FEDERAL CAVE RESOURCES PROTECTION ACT OF 1988

1 In subsection (a)(3), ‘‘section (b)’’ should be ‘‘subsection (b)’’.

(1) Any person who, without prior authorization from the

Secretary knowingly destroys, disturbs, defaces, mars, alters,

removes or harms any significant cave or alters the free movement of any animal or plant life into or out of any significant

cave located on Federal lands, or enters a significant cave with

the intention of committing any act described in this paragraph shall be punished in accordance with subsection (b).

(2) Any person who possesses, consumes, sells, barters or

exchanges, or offers for sale, barter or exchange, any cave resource from a significant cave with knowledge or reason to

know that such resource was removed from a significant cave

located on Federal lands shall be punished in accordance with

subsection (b).

(3) Any person who counsels, procures, solicits, or employs

any other person to violate any provisions of this subsection

shall be punished in accordance with section 1 (b).

(4) Nothing in this section shall be deemed applicable to

any person who was in lawful possession of a cave resource

from a significant cave prior to the date of enactment of this

Act.

(b) PUNISHMENT.—The punishment for violating any provision

of subsection (a) shall be imprisonment of not more than one year

or a fine in accordance with the applicable provisions of title 18 of

the United States Code, or both. In the case of a second or subsequent violation, the punishment shall be imprisonment of not more

than 3 years or a fine in accordance with the applicable provisions

of title 18 of the United States Code, or both.

SEC. 8. ø16 U.S.C. 4307¿ CIVIL PENALTIES.

(a) ASSESSMENT.—(1) The Secretary may issue an order assessing a civil penalty against any person who violates any prohibition

contained in this Act, any regulation promulgated pursuant to this

act, or any permit issued under this Act. Before issuing such an

order, the Secretary shall provide such person written notice and

the opportunity to request a hearing on the record within 30 days.

Each violation shall be a separate offense, even if such violations

occurred at the same time.

(2) The amount of such civil penalty shall be determined by the

Secretary taking into account appropriate factors, including (A) the

seriousness of the violation; (B) the economic benefit (if any) resulting from the violation; (C) any history of such violations; and (D)

such other matters as the Secretary deems appropriate. The maximum fine permissible under this section is $10,000.

(b) JUDICIAL REVIEW.—Any person aggrieved by an assessment

of a civil penalty under this section may file a petition for judicial

review of such assessment with the United States District Court

for the District of Columbia or for the district in which the violation occurred. Such a petition shall be filed within the 30-day period beginning on the date the order assessing the civil penalty was

issued.

(c) COLLECTION.—If any person fails to pay an assessment of

a civil penalty— (1) within 30 days after the order was issued under subsection (a), or
Sec. 9 FEDERAL CAVE RESOURCES PROTECTION ACT OF 1988 16–8

(2) if the order is appealed within such 30-day period,

within 10 days after court has entered a final judgment in

favor of the Secretary under subsection (b),

the Secretary shall notify the Attorney General and the Attorney

General shall bring a civil action in an appropriate United States

district court to recover the amount of penalty assessed (plus costs,

attorney’s fees, and interest at currently prevailing rates from the

date the order was issued or the date of such final judgment, as

the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review.

(d) SUBPOENAS.—The Secretary may issue subpoenas in connection with proceedings under this subsection compelling the attendance and testimony of witnesses and subpoenas duces tecum,

and may request the Attorney General to bring an action to enforce

any subpoena under this section. The district courts shall have jurisdiction to enforce such subpoenas and impose sanctions.

SEC. 9. ø16 U.S.C. 4308¿ MISCELLANEOUS PROVISIONS.

(a) AUTHORIZATION.—There are authorized to be appropriated

$100,000 to carry out the purposes of this Act.

(b) EFFECT ON LAND MANAGEMENT PLANS.—Nothing in this

Act shall require the amendment or revision of any land management plan the preparation of which began prior to the enactment

of this Act.

(c) FUND.—Any money collected by the United States as permit

fees for collection and removal of cave resources; received by the

United States as a result of the forfeiture of a bond or other security by a permittee who does not comply with the requirements of

such permit issued under section 7; or collected by the United

States by way of civil penalties or criminal fines for violations of

this Act shall be placed in a special fund in the Treasury. Such

moneys shall be available for obligation or expenditure (to the extent provided for in advance in appropriation Acts) as determined

by the Secretary for the improved management, benefit, repair, or

restoration of significant caves located on Federal lands.

(d) Nothing in this Act shall be deemed to affect the full operation of the mining and mineral leasing laws of the United States,

or otherwise affect valid existing rights.

SEC. 10. ø16 U.S.C. 4309¿ SAVINGS PROVISIONS.

(a) WATER.—Nothing in this Act shall be construed as authorizing the appropriation of water by any Federal, State, or local

agency, Indian tribe, or any other entity or individual. Nor shall

any provision of this Act—

(1) affect the rights or jurisdiction of the United States, the

States, Indian tribes, or other entities over waters of any river

or stream or over any ground water resource;

(2) alter, amend, repeal, interpret, modify, or be in conflict

with any interstate compact made by the States; or

(3) alter or establish the respective rights of States, the

United States, Indian tribes, or any person with respect to any

water or water-related right.

(b) 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.
17–1

17. COMMEMORATIVE WORKS ACT

[As Amended Through Public Law 106–580, Dec. 31, 2000]

17–3

1For a list of commemorative works authorized to be established since the enactment of this

Act in the District of Columbia and its environs, see 40 U.S.C. 1003 note.

17. COMMEMORATIVE WORKS ACT

(Public Law 99–652; November 14, 1986; 40 U.S.C. 1001 through 1010)

COMMEMORATIVE WORKS ACT

AN ACT To provide standards for placement of commemorative works on certain

Federal lands in the District of Columbia and its environs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

PURPOSES

SECTION 1. 1 ø40 U.S.C. 1001¿ The purposes of this Act are as

follows:

(a) to preserve the integrity of the comprehensive design of

the L’Enfant and McMillan plans for the Nation’s Capital;

(b) to ensure the continued public use and enjoyment of

open space in the District of Columbia;

(c) to preserve, protect and maintain the limited amount of

open space available to residents of, and visitors to, the Nation’s Capital; and

(d) to ensure that future commemorative works in areas

administered by the National Park Service and the General

Services Administration in the District of Columbia and its environs (1) are appropriately designed, constructed, and located

and (2) reflect a consensus of the lasting national significance

of the subjects involved.

DEFINITIONS

SEC. 2. ø40 U.S.C. 1002¿ As used in this Act—

(a) the term ‘‘Secretary’’ means the Secretary of the Interior;

(b) the term ‘‘Administrator’’ means the Administrator of

the General Services Administration;

(c) the term ‘‘commemorative work’’ means any statue,

monument, sculpture, memorial, plaque, inscription, or other

structure or landscape feature, including a garden or memorial

grove, designed to perpetuate in a permanent manner the

memory of an individual, group, event or other significant element of American history. The term does not include any such

item which is located within the interior of a structure or a

structure which is primarily used for other purposes;

(d) the term ‘‘person’’ means a public agency, and an individual, group or organization that is described in section
Sec. 3 COMMEMORATIVE WORKS ACT 17–4

501(c)(3) of the Internal Revenue Code of 1986 and exempt

from tax under section 501(a) of such Code, and which is authorized by Congress to establish a commemorative work in

the District of Columbia and its environs;

(e) notwithstanding any other provision of law, the term

‘‘the District of Columbia and its environs’’ means those lands

and properties administered by the National Park Service and

the General Services Administration located in Areas I and II

as depicted on the map numbered 869/86501, and dated May

1, 1986.

CONGRESSIONAL AUTHORIZATION OF COMMEMORATIVE WORKS IN THE

DISTRICT OF COLUMBIA AND ITS ENVIRONS

SEC. 3. ø40 U.S.C. 1003¿ (a) No commemorative work may be

established on Federal lands referred to in section 1(d) in the District of Columbia and its environs unless specifically authorized by

law. All such authorized commemorative works shall be subject to

applicable provisions of this Act.

(b) A military commemorative work may be authorized only to

commemorate a war or similar major military conflict or to commemorate any branch of the Armed Forces. No commemorative

work commemorating a lesser conflict or a unit of an Armed Force

shall be authorized. Commemorative works to a war or similar

major military conflict shall not be authorized until at least 10

years after the officially designated end of the event.

(c) A commemorative work commemorating an event, individual, or group of individuals, other than a military commemorative work as described in subsection (b) of this section, shall not be

authorized until after the 25th anniversary of the event, death of

the individual, or death of the last surviving member of the group.

(d) In considering legislation authorizing commemorative

works within the District of Columbia and its environs, the Committee on House Administration of the House of Representatives

and the Energy and Natural Resources Committee of the Senate

shall solicit the views of the National Capital Memorial Commission.

NATIONAL CAPITAL MEMORIAL COMMISSION

SEC. 4. ø40 U.S.C. 1004¿ (a) The National Capital Memorial

Advisory Committee as established by the Secretary is redesignated as the National Capital Memorial Commission. The membership of the Commission shall be expanded to include:

Director, National Park Service (Chairman)

Architect of the Capitol

Chairman, American Battle Monuments Commission

Chairman, Commission of Fine Arts

Chairman, National Capital Planning Commission

Mayor, District of Columbia

Commissioner, Public Building Service, General Services

Administration

Secretary, Department of Defense

(b) The National Capital Memorial Commission shall advise

the Secretary and the Administrator on policy and procedures for

establishment of (and proposals to establish) commemorative works
17–5 Sec. 7 COMMEMORATIVE WORKS ACT

1So in law. Probably should be ‘‘section 3(d)’’.

in the District of Columbia and its environs, as well as such other

matters concerning commemorative works in the Nation’s Capital

as it may deem appropriate. The Commission shall meet at least

twice annually.

AVAILABILITY OF MAP DEPICTING AREA I AND AREA II

SEC. 5. ø40 U.S.C. 1005¿ The Secretary and the Administrator

shall make available, for public inspection at appropriate offices of

the National Park Service and the General Services Administration, the map numbered 869/86501, and dated May 1, 1986.

SPECIFIC CONDITIONS APPLICABLE TO AREA I AND AREA II

SEC. 6. ø40 U.S.C. 1006¿ (a) AREA I.—The Secretary or Administrator (as appropriate) may, after seeking the advice of the National Capital Memorial Commission, recommend the location of a

commemorative work in Area I only if the Secretary or Administrator (as appropriate) determines that the subject of the commemorative work is of preeminent historical and lasting significance to the Nation. The Secretary or Administrator (as appropriate) shall notify the National Capital Memorial Commission and

the committees of Congress specified in section 3(b) 1 of the recommendation by the Secretary or Administrator (as appropriate)

that a commemorative work should be located in Area I. The location of a commemorative work in Area I shall be deemed not authorized, unless, not later than 150 calendar days after such notification, the recommendation is approved by law.

(b) AREA II.—Commemorative works of subjects of lasting historical significance to the American people may be located in Area

II.

SITE AND DESIGN APPROVAL

SEC. 7. ø40 U.S.C. 1007¿ (a) Any person authorized by law to

establish a commemorative work in the District of Columbia and

its environs shall comply with each of the following requirements

before requesting the permit for the construction of the commemorative work:

(1) Such person shall consult with the National Capital

Memorial Commission regarding the selection of alternative

sites and designs for the commemorative work.

(2) Following consultation in accordance with paragraph

(1), the Secretary or Administrator (as appropriate) shall submit, on behalf of such person, site and design proposals to the

Commission of Fine Arts and the National Capital Planning

Commission for their approval.

(b) In considering site and design proposals, the Commission of

Fine Arts, the National Capital Planning Commission and the Secretary and Administrator shall be guided by (but not limited by)

the following criteria:

(1) to the maximum extent possible, a commemorative

work shall be located in surroundings that are relevant to the

subject of the commemorative work;
Sec. 8 COMMEMORATIVE WORKS ACT 17–6

(2) a commemorative work shall be so located as to prevent

interference with, or encroachment upon, any existing commemorative work and to protect, to the maximum extent practicable, open space and existing public use; and

(3) a commemorative work shall be constructed of durable

material suitable to the outdoor environment. Landscape features of commemorative works shall be compatible with the climate.

CRITERIA FOR ISSUANCE OF CONSTRUCTION PERMIT

SEC. 8. ø40 U.S.C. 1008¿ (a) Prior to issuing a permit for the

construction of a commemorative work in the District of Columbia

and its environs, the Secretary or Administrator (as appropriate)

shall determine that:

(1) the site and design have been approved by the Secretary or Administrator (as appropriate), the National Capital

Planning Commission and the Commission of Fine Arts;

(2) knowledgeable persons qualified in the field of preservation and maintenance have been consulted to determine

structural soundness and durability of the commemorative

work, and to assure that the commemorative work meets high

professional standards;

(3) the person authorized to construct the commemorative

work has submitted contract documents for construction of the

commemorative work to the Secretary or Administrator (as appropriate); and

(4) the person authorized to construct the commemorative

work has available sufficient funds to complete construction of

the project.

(b) In addition to the foregoing criteria, no construction permit

shall be issued unless the person authorized to construct the commemorative work has donated an amount equal to 10 per centum

of the total estimated cost of construction to offset the costs of perpetual maintenance and preservation of the commemorative work:

Provided, That the provisions of this subsection shall not apply in

instances when the commemorative work is constructed by a Department or agency of the Federal Government and less than 50

per centum of the funding for such work is provided by private

sources.

(1) Notwithstanding any other provision of law, all moneys

provided by persons for maintenance pursuant to this subsection shall be credited to a separate account in the Treasury.

(2) Congress authorizes and directs that the Secretary of

the Treasury shall make all or a portion of such moneys available to the Secretary or the Administrator at his request for

maintenance of commemorative works. Under no circumstances may the Secretary or Administrator request funds

from the separate account exceeding the total moneys deposited by persons establishing commemorative works in areas he

administers. The Secretary and the Administrator shall maintain an inventory of funds available for such purposes: Provided, That such moneys shall not be subject to annual appropriations.

(c)(1) The Secretary or the Administrator (as appropriate) may

suspend any activity under the authority of this Act with respect
17–7 Sec. 10 COMMEMORATIVE WORKS ACT

to the establishment of a commemorative work if the Secretary or

Administrator determines the fundraising efforts with respect to

the commemorative work have misrepresented an affiliation with

the commemorative work or the United States.

(2) The person shall be required to submit to the Secretary or

Administrator an annual report of operations, including financial

statements audited by an independent certified public accountant,

paid for by the person authorized to construct the commemorative

work.

TEMPORARY SITE DESIGNATION

SEC. 9. ø40 U.S.C. 1009¿ (a) If the Secretary, in consultation

with the National Capital Memorial Commission, determines that

a site where commemorative works may be displayed on a temporary basis is necessary in order to aid in the preservation of the

limited amount of open space available to residents of, and visitors

to, the Nation’s Capital, a site may be designated on lands administered by the Secretary in the District of Columbia. A designation

may not be made under the preceding sentence unless, at least one

hundred and twenty days before the designation, the Secretary, in

consultation with the National Capital Memorial Commission, prepares and submits to the Congress a plan for the site. The plan

shall include specifications for the location, construction, and administration of the site, and criteria for displaying commemorative

works at the site.

(b) Any commemorative work displayed at the site shall be installed, maintained, and removed at the sole expense and risk of

the person authorized to display the commemorative works. Such

person shall agree to indemnify the United States for any liability

arising from the display of the commemorative work under this section.

MISCELLANEOUS PROVISIONS

SEC. 10. ø40 U.S.C. 1010¿ (a) Complete documentation of design and construction of each commemorative work located in the

District of Columbia and its environs shall be provided to the Secretary or the Administrator (as appropriate) and shall be permanently maintained in the manner provided by law.

(b) Any legislative authority for a commemorative work shall

expire at the end of the seven-year period beginning on the date

of the enactment of such authority, unless the Secretary or Administrator (as appropriate) has issued a construction permit for the

commemorative work during that period.

(c) Upon completion of any commemorative work within the

District of Columbia and its environs, the Secretary or Administrator (as appropriate) shall assume responsibility for the maintenance of such work.

(d) The Secretary and the Administrator shall develop appropriate regulations or standards to carry out this Act.

(e) This Act shall not apply to commemorative works authorized by a law enacted before the commencement of the Ninetyninth Congress.
Sec. 11 COMMEMORATIVE WORKS ACT 17–8

SHORT TITLE

SEC. 11. ø40 U.S.C. 1001 note¿ This Act may be cited as the

‘‘Commemorative Works Act’’.
21–1

PART III—WILDERNESS LAWS

21. WILDERNESS ACT

[As Amended Through Public Law 106–580, Dec. 31, 2000]

21–3

1For a complete list of wilderness areas designated by law, see 16 U.S.C. 1132 note.

21. WILDERNESS ACT

(Public Law 88–577; Approved September 3, 1964; 16 U.S.C. 1131 through 1136)

AN ACT To establish a National Wilderness Preservation System for the permanent

good of the whole people, and for other purposes.

Be it enacted by the Senate and the House of Representatives

of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. ø16 U.S.C. 1131 note¿ This Act may be cited as the

‘‘Wilderness Act’’. 1

WILDERNESS SYSTEM ESTABLISHED STATEMENT OF POLICY

SEC. 2. ø16 U.S.C. 1131¿ (a) In order to assure that an increasing population, accompanied by expanding settlement and growing

mechanization, does not occupy and modify all areas within the

United States and its possessions, leaving no lands designated for

preservation and protection in their natural condition, it is hereby

declared to be the policy of the Congress to secure for the American

people of present and future generations the benefits of an enduring resource of wilderness. For this purpose there is hereby established a National Wilderness Preservation System to be composed

of federally owned areas designated by Congress as ‘‘wilderness

areas’’, and these shall be administered for the use and enjoyment

of the American people in such manner as will leave them

unimpaired for future use and enjoyment as wilderness, and so as

to provide for the protection of these areas, the preservation of

their wilderness character, and for the gathering and dissemination

of information regarding their use and enjoyment as wilderness;

and no Federal lands shall be designated as ‘‘wilderness areas’’ except as provided for in this Act or by a subsequent Act.

(b) The inclusion of an area in the National Wilderness Preservation System notwithstanding, the area shall continue to be managed by the Department and agency having jurisdiction thereover

immediately before its inclusion in the National Wilderness Preservation System unless otherwise provided by Act of Congress. No

appropriation shall be available for the payment of expenses or salaries for the administration of the National Wilderness Preservation System as a separate unit nor shall any appropriations be

available for additional personnel stated as being required solely

for the purpose of managing or administering areas solely because

they are included within the National Wilderness Preservation System.
Sec. 3 WILDERNESS ACT 21–4

DEFINITION OF WILDERNESS

(c) A wilderness, in contrast with those areas where man and

his own works dominate the landscape, is hereby recognized as an

area where the earth and its community of life are untrammeled

by man, where man himself is a visitor who does not remain. An

area of wilderness is further defined to mean in this Act an area

of undeveloped Federal land retaining its primeval character and

influence, without permanent improvements or human habitation,

which is protected and managed so as to preserve its natural conditions and which (1) generally appears to have been affected primarily by the forces of nature, with the imprint of man’s work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) has at

least five thousand acres of land or is of sufficient size as to make

practicable its preservation and use in an unimpaired condition;

and (4) may also contain ecological, geological, or other features of

scientific, educational, scenic, or historical value.

NATIONAL WILDERNESS PRESERVATION SYSTEM—EXTENT OF SYSTEM

SEC. 3. ø16 U.S.C. 1132¿ (a) All areas within the national forests classified at least 30 days before the effective date of this Act

by the Secretary of Agriculture or the Chief of Forest Service as

‘‘wilderness’’, ‘‘wild’’, or ‘‘canoe’’ are hereby designated as wilderness

areas. The Secretary of Agriculture shall— (1) Within one year after the effective date of this Act, file

a map and legal description of each wilderness area with the

Interior and Insular Affairs Committees of the United States

Senate and the House of Representatives, and such descriptions shall have the same force and effect as if included in this

Act: Provided, however, That correction of clerical and typographical errors in such legal descriptions and maps may be

made.

(2) Maintain, available to the public, records pertaining to

said wilderness areas, including maps and legal descriptions,

copies of regulations governing them, copies of public notices

of, and reports submitted to Congress regarding pending additions, eliminations, or modifications. Maps, legal descriptions,

and regulations pertaining to wilderness areas within their respective jurisdictions also shall be available to the public in the

offices of regional foresters, national forest supervisors, and

forest rangers.

(b) The Secretary of Agriculture shall, within ten years after

the enactment of this Act, review, as to its suitability or nonsuitability for preservation as wilderness, each area in the national forests classified on the effective date of this Act by the Secretary of

Agriculture or the Chief of the Forest Service as ‘‘primitive’’ and report his findings to the President. The President shall advise the

United States Senate and House of Representatives of his recommendations with respect to the designation as ‘‘wilderness’’ or

other reclassification of each area on which review has been completed, together with maps and a definition of boundaries. Such advice shall be given with respect to not less than one-third of all the

areas now classified as ‘‘primitive’’ within three years after the enactment of this Act, not less than two-thirds within seven years
21–5 Sec. 3 WILDERNESS ACT

after the enactment of this Act, and the remaining areas within ten

years after the enactment of this Act. Each recommendation of the

President for designation as ‘‘wilderness’’ shall become effective

only if so provided by an Act of Congress. Areas classified as

‘‘primitive’’ on the effective date of this Act shall continue to be administered under the rules and regulations affecting such areas on

the effective date of this Act until Congress has determined otherwise. Any such areas may be increased in size by the President at

the time he submits his recommendations to the Congress by not

more than five thousand acres with no more than one thousand

two hundred and eighty acres of such increase in any one compact

unit; if it is proposed to increase the size of any such area by more

than five thousand acres or by more than one thousand two hundred and eighty acres in any one compact unit the increase in size

shall not become effective until acted upon by Congress. Nothing

herein contained shall limit the President in proposing, as part of

his recommendations to Congress, the alteration of existing boundaries of primitive areas of recommending the addition of any contiguous area of national forest lands predominantly of wilderness

value. Notwithstanding any other provisions of this Act, the Secretary of Agriculture may complete his review and delete such area

as may be necessary, but not to exceed seven thousand acres, from

the southern tip of the Gore Range-Eagles Nest Primitive Area,

Colorado, if the Secretary determines that such action is in the

public interest.

(c) Within ten years after the effective date of this Act the Secretary of the Interior shall review every roadless area of five thousand contiguous acres or more in the national parks, monuments

and other units of the national park system and every such area

of, and every roadless island within, the national wildlife refuges

and game ranges, under his jurisdiction on the effective date of this

Act and shall report to the President his recommendation as to the

suitability or nonsuitability of each such area or island for preservation as wilderness. The President shall advise the President of

the Senate and the Speaker of the House of Representatives of his

recommendation with respect to the designation as wilderness of

each such area or island on which review has been completed, together with a map thereof and a definition of its boundaries. Such

advice shall be given with respect to not less than one-third of the

areas and islands to be reviewed under this subsection within three

years after enactment of this Act, not less than two-thirds within

seven years of enactment of this Act, and the remainder within ten

years of enactment of this Act. A recommendation of the President

for designation as wilderness shall become effective only if so provided by an Act of Congress. Nothing contained herein shall, by implication or otherwise, be construed to lessen the present statutory

authority of the Secretary of the Interior with respect to the maintenance of roadless areas within units of the national park system.

(d)(1) The Secretary of Agriculture and the Secretary of the Interior shall, prior to submitting any recommendations to the President with respect to the suitability of any area for preservation as

wilderness—

(A) give such public notice of the proposed action as they

deem appropriate, including publication in the Federal Reg-
Sec. 4 WILDERNESS ACT 21–6

1Subsection (d)(1)(B) probably should end with ‘‘; and’’. 2 In subsection (d)(2), the reference to ‘‘the provisions of (1) of this subsection’’ apparently refer

to ‘‘paragraph (1) of this subsection’’.

ister and in a newspaper having general circulation in the area

or areas in the vicinity of the affected land;

(B) hold a public hearing or hearings at a location or locations convenient to the area affected. The hearings shall be announced through such means as the respective Secretaries involved deem appropriate, including notices in the Federal Register and in newspapers of general circulation in the area: Provided, That if the lands involved are located in more than one

State, at least one hearing shall be held in each State in which

a portion of the land lies; 1

(C) at least thirty days before the date of a hearing advise

the Governor of each State and the governing board of each

county, or in Alaska the borough, in which the lands are located, and Federal departments and agencies concerned, and

invite such officials and Federal agencies to submit their views

on the proposed action at the hearing or by no later than thirty

days following the date of the hearing.

(2) Any views submitted to the appropriate Secretary under

the provisions of (1) 2 of this subsection with respect to any area

shall be included with any recommendations to the President and

to Congress with respect to such area.

(e) Any modification or adjustment of boundaries of any wilderness area shall be recommended by the appropriate Secretary after

public notice of such proposal and public hearing or hearings as

provided in subsection (d) of this section. The proposed modification

or adjustment shall then be recommended with map and description thereof to the President. The President shall advise the United

States Senate and the House of Representatives of his recommendations with respect to such modification or adjustment and

such recommendations shall become effective only in the same

manner as provided for in subsections (b) and (c) of this section.

USE OF WILDERNESS AREAS

SEC. 4. ø16 U.S.C. 1133¿ (a) The purposes of this Act are hereby declared to be within and supplemental to the purposes for

which national forest and units of the national park and national

wildlife refuge systems are established and administered and—

(1) Nothing in this Act shall be deemed to be in interference with the purpose for which national forests are established as set forth in the Act of June 4, 1897 (30 Stat. 11), and

the Multiple-Use Sustained-Yield Act of June 12, 1960 (74

Stat. 215).

(2) Nothing in this Act shall modify the restrictions and

provisions of the Shipstead-Nolan Act (Public Law 539, Seventy-first Congress, July 10, 1930; 46 Stat. 1020), the ThyeBlatnik Act (Public Law 733, Eightieth Congress, June 22,

1948; 62 Stat. 568), and the Humphrey-Thye-Blatnik-Andresen

Act (Public Law 607, Eighty-fourth Congress, June 22, 1956;

70 Stat. 326), as applying to the Superior National Forest or

the regulations of the Secretary of Agriculture.
21–7 Sec. 4 WILDERNESS ACT

(3) Nothing in this Act shall modify the statutory authority

under which units of the national park system are created.

Further, the designation of any area of any park, monument,

or other unit of the national park system as a wilderness area

pursuant to this Act shall in no manner lower the standards

evolved for the use and preservation of such park, monument,

or other unit of the national park system in accordance with

the Act of August 25, 1916, the statutory authority under

which the area was created, or any other Act of Congress

which might pertain to or affect such area, including, but not

limited to, the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 432

et seq.); section 3(2) of the Federal Power Act (16 U.S.C.

796(2)); and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C.

461 et seq.).

(b) Except as otherwise provided in this Act, each agency administering any area designated as wilderness shall be responsible

for preserving the wilderness character of the area and shall so administer such area for such other purposes for which it may have

been established as also to preserve its wilderness character. Except as otherwise provided in this Act, wilderness areas shall be

devoted to the public purposes of recreational, scenic, scientific,

educational, conservation, and historical use.

PROHIBITION OF CERTAIN USES

(c) Except as specifically provided for in this Act, and subject

to existing private rights, there shall be no commercial enterprise

and no permanent road within any wilderness area designated by

this Act and, except as necessary to meet minimum requirements

for the administration of the area for the purpose of this Act (including measures required in emergencies involving the health and

safety of persons within the area), there shall be no temporary

road, no use of motor vehicles, motorized equipment or motorboats,

no landing of aircraft, no other form of mechanical transport, and

no structure or installation within any such area.

SPECIAL PROVISIONS

(d) The following special provisions are hereby made:

(1) Within wilderness areas designated by this Act the use of

aircraft or motorboats, where these uses have already become established, may be permitted to continue subject to such restrictions

as the Secretary of Agriculture deems desirable. In addition, such

measures may be taken as may be necessary in the control of fire,

insects, and diseases, subject to such conditions as the Secretary

deems desirable.

(2) Nothing in this Act shall prevent within national forest wilderness areas any activity, including prospecting, for the purpose

of gathering information about mineral or other resources, if such

activity is carried on in a manner compatible with the preservation

of the wilderness environment. Furthermore, in accordance with

such program as the Secretary of the Interior shall develop and

conduct in consultation with the Secretary of Agriculture, such

areas shall be surveyed on a planned, recurring basis consistent

with the concept of wilderness preservation by the Geological Sur-
Sec. 4 WILDERNESS ACT 21–8

1With regard to subsection (d)(2), title I of Public Law 102–154, 105 Stat. 1000, provides that

the Geological Survey (43 U.S.C. 31(a)) shall hereafter be designated the United States Geological Survey. 2With regard to subsection (d)(2), section 10(b) of the National Geologic Mapping Act of 1992

(Public Law 102–285; 106 Stat. 172), provides the Bureau of Mines shall hereafter be known

as the United States Bureau of Mines.

vey 1 and the Bureau of Mines 2 to determine the mineral values,

if any, that may be present; and the results of such surveys shall

be made available to the public and submitted to the President and

Congress.

(3) Notwithstanding any other provisions of this Act, until midnight December 31, 1983, the United States mining laws and all

laws pertaining to mineral leasing shall, to the same extent as applicable prior to the effective date of this Act, extend to those national forest lands designated by this Act as ‘‘wilderness areas’’;

subject, however, to such reasonable regulations governing ingress

and egress as may be prescribed by the Secretary of Agriculture

consistent with the use of the land for mineral location and development and exploration, drilling, and production, and use of land

for transmission lines, waterlines, telephone lines, or facilities necessary in exploring, drilling, producing, mining, and processing operations, including where essential the use of mechanized ground

or air equipment and restoration as near as practicable of the surface of the land disturbed in performing prospecting, location, and,

in oil and gas leasing, discovery work, exploration, drilling and production, as soon as they have served their purpose. Mining locations lying within the boundaries of said wilderness areas shall be

held and used solely for mining or processing operations and uses

reasonably incident thereto; and hereafter, subject to valid existing

rights, all patents issued under the mining laws of the United

States affecting national forest lands designated by this Act as wilderness areas shall convey title to the mineral deposits within the

claim, together with the right to cut and use so much of the mature

timber therefrom as may be needed in the extraction, removal, and

beneficiation of the mineral deposits, if needed timber is not otherwise reasonably available, and if the timber is cut under sound

principles of forest management as defined by the national forest

rules and regulations, but each such patent shall reserve to the

United States all title in or to the surface of the lands and products

thereof, and no use of the surface of the claim or the resources

therefrom not reasonably required for carrying on mining or

prospecting shall be allowed except as otherwise expressly provided

in this Act: Provided, That, unless hereafter specifically authorized,

no patent within wilderness areas designated by this Act shall

issue after December 31, 1983, except for the valid claims existing

on or before December 31, 1983. Mining claims located after the effective date of this Act within the boundaries of wilderness areas

designated by this Act shall create no rights in excess of those

rights which may be patented under the provisions of this subsection. Mineral leases, permits, and licenses covering lands within

national forest wilderness areas designated by this Act shall contain such reasonable stipulations as may be prescribed by the Secretary of Agriculture for the protection of the wilderness character

of the land consistent with the use of the land for the purposes for

which they are leased, permitted, or licensed. Subject to valid
21–9 Sec. 5 WILDERNESS ACT

1With regard to the grazing of livestock referred to in subsection (d)(4), section 108 of title

I of Public Law 96–560 (94 Stat. 3271; 16 U.S.C. 1133 note) provides as follows: ‘‘The Congress

hereby declares that, without amending the Wilderness Act of 1964, with respect to livestock

grazing in National Forest wilderness areas, the provisions of the Wilderness Act relating to

grazing shall be interpreted and administered in accordance with the guidelines contained under

the heading ‘‘Grazing in National Forest Wilderness’’ in the House Committee Report (H. Report

96–617) accompanying this Act [Public Law 96–560].’’.

rights then existing, effective January 1, 1984, the minerals in

lands designated by this Act as wilderness areas are withdrawn

from all forms of appropriation under the mining laws and from

disposition under all laws pertaining to mineral leasing and all

amendments thereto.

(4) Within wilderness areas in the national forest designated

by this Act, (1) the President may, within a specific area and in accordance with such regulations as he may deem desirable, authorize prospecting for water resources, the establishment and maintenance of reservoirs, water-conservation works, power projects,

transmission lines, and other facilities needed in the public interest, including the road construction and maintenance essential to

development and use thereof, upon his determination that such use

or uses in the specific area will better serve the interest of the

United States and the people thereof than will its denial; and (2)

the grazing 1 of livestock, where established prior to the effective

date of this Act, shall be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretary of

Agriculture.

(5) Commercial services may be performed within the wilderness areas designated by this Act to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the areas.

(6) Nothing in this Act shall constitute an express or implied

claim or denial on the part of the Federal Government as to exemption from State water laws.

(7) Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to wildlife and fish in the national forests.

STATE AND PRIVATE LANDS WITHIN WILDERNESS AREAS

SEC. 5. ø16 U.S.C. 1134¿ (a) In any case where State-owned or

privately owned land is completely surrounded by national forest

lands within areas designated by this Act as wilderness, such State

or private owner shall be given such rights as may be necessary

to assure adequate access to such State-owned or privately owned

land by such State or private owner and their successors in interest, or the State-owned land or privately owned land shall be exchanged for federally owned land in the same State of approximately equal value under authorities available to the Secretary of

Agriculture: Provided, however, That the United States shall not

transfer to a State or private owner any mineral interests unless

the State or private owner relinquishes or causes to be relinquished

to the United States the mineral interest in the surrounded land.

(b) In any case where valid mining claims or other valid occupancies are wholly within a designated national forest wilderness

area, the Secretary of Agriculture shall, by reasonable regulations

consistent with the preservation of the area as wilderness, permit

ingress and egress to such surrounded areas by means which have
Sec. 6 WILDERNESS ACT 21–10

been or are being cutomarily enjoyed with respect to other such

areas similarly situated.

(c) Subject to the appropriation of funds by Congress, the Secretary of Agriculture is authorized to acquire privately owned land

within the perimeter of any area designated by this Act as wilderness if (1) the owner concurs in such acquisition or (2) the acquisition is specifically authorized by Congress.

GIFTS, BEQUESTS, AND CONTRIBUTIONS

SEC. 6. ø16 U.S.C. 1135¿ (a) The Secretary of Agriculture may

accept gifts or bequests of land within wilderness areas designated

by this Act for preservation as wilderness. The Secretary of Agriculture may also accept gifts or bequests of land adjacent to wilderness areas designated by this Act for preservation as wilderness if

he has given sixty days advance notice thereof to the President of

the Senate and the Speaker of the House of Representative. Land

accepted by the Secretary of Agriculture under this section shall

become part of the wilderness area involved. Regulations with regard to any such land may be in accordance with such agreements,

consistent with the policy of this Act, as are made at the time of

such gift, or such conditions, consistent with such policy, as may

be included in, and accepted with, such bequest.

(b) The Secretary of Agriculture or the Secretary of the Interior

is authorized to accept private contributions and gifts to be used

to further the purposes of this Act.

ANNUAL REPORTS

SEC. 7. ø16 U.S.C. 1136¿ At the opening of each session of

Congress, the Secretaries of Agriculture and Interior shall jointly

report to the President for transmission to Congress on the status

of the wilderness system, including a list and descriptions of the

areas in the system, regulations in effect, and other pertinent information, together with any recommendations they may care to

make.
22–1

22. PUBLIC LAW 93–622

(POPULARLY KNOWN AS THE EASTERN WILDERNESS ACT)

[As Amended Through Public Law 106–580, Dec. 31, 2000]

22–3

22. PUBLIC LAW 93–622

(POPULARLY KNOWN AS THE EASTERN WILDERNESS ACT

(Act of January 3, 1975; 88 Stat. 2096)

AN ACT To further the purposes of the Wilderness Act by designating certain acquired lands for inclusion in the National Wilderness Preservation System, to provide for study of certain additional lands for such inclusion, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

STATEMENT OF FINDINGS AND POLICY

SEC. 2. (a) The Congress finds that—

(1) in the more populous eastern half of the United States

there is an urgent need to identify, study, designate, and preserve areas for addition to the National Wilderness Preservation System;

(2) in recognition of this urgent need, certain areas in the

national forest system in the eastern half of the United States

were designated by the Congress as wilderness in the Wilderness Act (78 Stat. 890); certain areas in the national wildlife

refuge system in the eastern half of the United States have

been designated by the Congress as wilderness or recommended by the President for such designation, and certain

areas in the national park system in the eastern half of the

United States have been recommended by the President for

designation as wilderness; and

(3) additional areas of wilderness in the more populous

eastern half of the United States are increasingly threatened

by the pressures of a growing and more mobile population,

large-scale industrial and economic growth, and development

and uses inconsistent with the protection, maintenance, and

enhancement of the areas’ wilderness character.

(b) Therefore, the Congress finds and declares that it is in the

national interest that these and similar areas in the eastern half

of the United States by promptly designated as wilderness within

the National Wilderness Preservation System, in order to preserve

such areas as an enduring resource of wilderness which shall be

managed to promote and perpetuate the wilderness character of

the land and its specific values of solitude, physical and mental

challenge, scientific study, inspiration, and primitive recreation for

the benefit of all of the American people of present and future generations.
Sec. 3 EASTERN WILDERNESS ACT 22–4

DESIGNATION OF WILDERNESS AREAS

SEC. 3. (a) In furtherance of the purposes of the Wilderness

Act, the following lands (hereinafter in this Act referred to as ‘‘wilderness areas’’), as generally depicted on maps appropriately referenced, dated April 1974, are hereby designated as wilderness

and, therefore, as components of the National Wilderness Preservation System—

(1) certain lands in the Bankhead National Forest, Alabama, which comprise about twelve thousand acres, are generally depicted on a map entitled ‘‘Sipsey Wilderness Area—

Proposed’’, and shall be known as the Sipsey Wilderness;

(2) certain lands in the Ouachita National Forest, Arkansas, which comprise about fourteen thousand four hundred and

thirty-three acres, are generally depicted on a map entitled

‘‘Caney Creek Wilderness Area—Proposed’’, and shall be

known as the Caney Creek Wilderness;

(3) certain lands in the Ozark National Forest, Arkansas,

which comprise about ten thousand five hundred and ninety

acres, are generally depicted on a map entitled ‘‘Upper Buffalo

Wilderness Area—Proposed’’, and shall be known as the Upper

Buffalo Wilderness;

(4) certain lands in the Appalachicola National Forest,

Florida, which comprise about twenty-two thousand acres, are

generally depicted on a map entitled ‘‘Bradwell Bay Wilderness

Area—Proposed’’, and shall be known as the Bradwell Bay Wilderness;

(5) certain lands in the Daniel Boone National Forest,

Kentucky, which comprise about five thousand five hundred

acres, are generally depicted on a map entitled ‘‘Beaver Creek

Wilderness Area—Proposed’’, and shall be known as the Beaver Creek Wilderness;

(6) certain lands in the White Mountain National Forest,

New Hampshire, which comprise about twenty thousand three

hundred and eighty acres, generally depicted on a map entitled

‘‘Presidential Range-Dry River Wilderness Area—Proposed’’,

and shall be known as the Presidential Range-Dry River Wilderness;

(7) certain lands in the Nantahala and Cherokee National

Forests, North Carolina and Tennessee, which comprise about

fifteen thousand acres, are generally depicted on a map entitled ‘‘Joyce Kilmer-Slickrock Wilderness Area—Proposed’’, and

shall be known as the Joyce Kilmer-Slickrock Wilderness;

(8) certain lands in the Sumter, Nantahala, and Chattahoochee National Forests in South Carolina, North Carolina,

and Georgia, which comprise about three thousand six hundred

acres, are generally depicted on a map entitled ‘‘Ellicott Rock

Wilderness Area—Proposed’’, and shall be known as Ellicott

Rock Wilderness;

(9) certain lands in the Cherokee National Forest, Tennessee, which comprise about two thousand five hundred and

seventy acres, are generally depicted on a map entitled ‘‘Gee

Creek Wilderness Area—Proposed’’, and shall be known as he

Gee Creek Wilderness;
22–5 Sec. 4 EASTERN WILDERNESS ACT

(10) certain lands in the Green Mountain National Forest,

Vermont, which comprise about fourteen thousand three hundred acres, are generally depicted on a map entitled ‘‘Lye

Brook Wilderness Area—Proposed’’, and shall be known as the

Lye Brook Wilderness;

(11) certain lands in the Jefferson National Forest, Virginia, which comprise about eight thousand eight hundred

acres, are generally depicted on a map entitled ‘‘James River

Face Wilderness Area—Proposed’’, and shall be known as the

James River Face Wilderness;

(12) certain lands in the Monongahela National Forest,

West Virginia, which comprise about ten thousand two hundred and fifteen acres, are generally depicted on a map entitled

‘‘Dolly Sods Wilderness Area—Proposed’’, and shall be known

as the Dolly Sods Wilderness;

(13) certain lands in the Monongahela National Forest,

West Virginia, which comprise about twenty thousand acres,

are generally depicted on a map entitled ‘‘Otter Creek Wilderness Study Area’’, and shall be known as the Otter Creek Wilderness; and

(14) certain lands in the Chequamegon National Forest,

Wisconsin, which comprise about six thousand six hundred

acres, are generally depicted on a map entitled ‘‘Rainbow Lake

Wilderness Area—Proposed’’, and shall be known as the Rainbow Lake Wilderness.

(b) In furtherance of the purposes of the Wilderness Act, the

following lands are hereby designated as wilderness and, therefore,

as components of the National Wilderness Preservation System:

(1) certain lands in the Chattahoochee and Cherokee National Forests, Georgia and Tennessee, which comprise about

thirty-four thousand five hundred acres, are generally depicted

on a map dated April 1973, entitled ‘‘Cohutta Wilderness

Area—Proposed’’, and shall be known as the Cohutta Wilderness.

(2) certain lands in the Green Mountain National Forest,

Vermont, which comprise about three thousand seven hundred

and seventy-five acres, are generally depicted on a map dated

October 1975, entitled ‘‘Bristol Cliffs Wilderness Area—Revised’’, and shall be known as the Bristol Cliffs Wilderness.

DESIGNATION OF WILDERNESS STUDY AREA

SEC. 4. (a) In furtherance of the purposes of the Wilderness Act

and in accordance with the provisions of subsection 3(d) of that Act,

the Secretary of Agriculture (hereinafter referred to as the ‘‘Secretary’’) shall review, as to its suitability or nonsuitability for preservation as wilderness, each area designated by or pursuant to subsection (b) of this section and report his findings to the President.

The President shall advise the United States Senate and House of

Representatives of his recommendations with respect to the designation as wilderness of each such area on which the review has

been completed.

(b) Areas to be reviewed pursuant to this section (hereinafter

referred to as ‘‘wilderness study areas’’), as generally depicted on

maps appropriately referenced, dated April 1974, include—
Sec. 4 EASTERN WILDERNESS ACT 22–6

(1) certain lands in the Ouachita National Forest, Arkansas, which comprise approximately five thousand seven hundred acres and are generally depicted on a map entitled ‘‘Belle

Starr Cave Wilderness Study Area’’;

(2) certain lands in the Ouachita National Forest, Arkansas, which comprise approximately five thousand five hundred

acres and are generally depicted on a map entitled ‘‘Dry Creek

Wilderness Study Area’’;

(3) certain lands in the Ozark National Forest Arkansas,

which comprise approximately two thousand one hundred

acres and are generally depicted on a map entitled ‘‘Richland

Creek Wilderness Study Area’’;

(4) certain lands in the Appalachicola National Forest,

Florida, which comprise approximately one thousand one hundred acres and are generally depicted as the ‘‘Sopchoppy River

Wilderness Study Area’’ on a map entitled ‘‘Bradwell Bay Wilderness Area—Proposed’’;

(5) certain lands in the Hiawatha National Forest, Michigan, which comprise approximately five thousand four hundred

acres and are generally depicted on a map entitled ‘‘Rock River

Canyon Wilderness Study Area’’;

(6) certain lands in the Ottawa National Forest, Michigan,

which comprise approximately thirteen thousand two hundred

acres and are generally depicted on a map entitled ‘‘Sturgeon

River Wilderness Study Area’’;

(7) certain lands in the Pisgah National Forest, North

Carolina, which comprise approximately one thousand one

hundred acres and are generally depicted on a map entitled

‘‘Craggy Mountain Wilderness Study Area’’;

(8) certain lands in the Francis Marion National Forest,

South Carolina, which comprise approximately one thousand

five hundred acres and are generally depicted on a map entitled ‘‘Wambaw Swamp Wilderness Study Area’’;

(9) certain lands in the Jefferson National Forest, Virginia,

which comprise approximately four thousand acres and are

generally depicted on a map entitled ‘‘Mill Creek Wilderness

Study Area’’;

(10) certain lands in the Jefferson National Forest, Virginia, which comprise approximately eight thousand four hundred acres and are generally depicted on a map entitled

‘‘Mountain Lake Wilderness Study Area’’;

(11) certain lands in the Jefferson National Forest, Virginia, which comprise approximately five thousand acres and

are generally depicted on a map entitled ‘‘Peters Mountain Wilderness Study Area’’;

(12) certain lands in the George Washington National Forest, Virginia, which comprise approximately six thousand

seven hundred acres and are generally depicted on a map entitled ‘‘Ramsey’s Draft Wilderness Study Area’;

(13) certain lands in the Chequamegon National Forest,

Wisconsin, which comprise approximately six thousand three

hundred acres and are generlaly depicted on a map entitled

‘‘Flynn Lake Wilderness Study Area’’;

(14) certain lands in the Chequamegon National Forest,

Wisconsin, which comprise approximately four thousand two
22–7 Sec. 5 EASTERN WILDERNESS ACT

hundred acres and are generally depicted on a map entitled

‘‘Round Lake Wilderness Study Area’’;

(15) certain lands in the Monongahela National Forest,

West Virginia, which comprise approximately thirty-six thousand three hundred acres and are generally depicted on a map

entitled ‘‘Cranberry Wilderness Study Area’’;

(16) certain lands in the Cherokee National Forest, Tennessee, which comprise approximately four thousand five hundred acres and are generally depicted on a map entitled ‘‘Big

Frog Wilderness Study Area’’; and

(17) certain lands in the Cherokee National Forest, Tennessee, which comprise approximately fourteen thousand acres

and are generally depicted as the ‘‘Citico Creek Area’’ on a map

entitled ‘‘Joyce Kilmer-Slickrock Wilderness Area—Proposed’’;

(c) Reviews shall be completed and the President shall make

his recommendations to Congress within five years after enactment

of this Act.

(d) Congress may, upon the recommendation of the Secretary

of Agriculture or otherwise, designate as study areas, national forest system lands east of the 100th meridian other than those areas

specified in subsection (b) of this section, for review as to suitability

or nonsuitability for preservation as wilderness. Any such area subsequently designated as a wilderness study area after the enactment of this Act shall have its suitability or nonsuitability for preservation as wilderness submitted to Congress within ten years from

the date of designation as a wilderness study area. Nothing in this

Act shall be construed as limiting the authority of the Secretary of

Agriculture to carry out management programs, development, and

activities in accordance with the Multiple-Use, Sustained-Yield Act

of 1960 (74 Stat. 215, 16 U.S.C. 528–531) within areas not designated for review in accordance with the provisions of this Act.

(e) Nothing herein contained shall limit the President in proposing, as part of his recommendations to Congress, the alteration

of existing boundaries of any wilderness study area or recommending the addition to any contiguous area predominantly of wilderness value. Any recommendation of the President to the effect

that such area or portion thereof should be designated as ‘‘wilderness’’ shall become effective only if so provided by an Act of Congress.

FILING OF MAPS AND DESCRIPTIONS

SEC. 5. As soon as practicable after enactment of this Act, a

map of each wilderness study area and a map and a legal description of each wilderness area shall be filed with the Committees on

Interior and Insular Affairs and on Agriculture of the United

States Senate and House of Representatives, and each such map

and description shall have the same force and effect as if included

in this Act: Provided, however, That correction of clerical and typographical errors in each such legal description and map 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.
Sec. 6 EASTERN WILDERNESS ACT 22–8

MANAGEMENT OF AREAS

SEC. 6. (a) except as otherwise provided by this Act, the wilderness areas designated by or pursuant to this Act shall be managed

by the Secretary of Agriculture in accordance with the provisions

of the Wilderness Act. The wilderness study areas designated by or

pursuant to this Act shall—be managed by the Secretary of Agriculture so as to maintain their presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System until Congress has determined otherwise, except

that such management requirement shall in no case extend beyond

the expiration of the third succeeding Congress from the date of

submission to the Congress of the President’s recommendations

concerning the particular study area.

(b) Within the sixteen wilderness areas designated by section

3 of this act:

(1) the Secretary of Agriculture may acquire by purchase

with donated or appropriated funds, by gift, exchange, condemnation, or otherwise, such lands, waters, or interests therein as he determines necessary or desirable for the purposes of

this Act. All lands acquired under the provisions of this subsection shall become national forest lands and a part of the

Wilderness System;

(2) in exercising the exchange authority granted by paragraph (1), the Secretary of Agriculture may accept title to nonFederal property for federally owned property of substantially

equal value, or, if not of substantially equal value, the value

shall be equalized by the payment of money to the grantor or

to the Secretary as the circumstances require;

(3) the authority of the Secretary of Agriculture to condemn any private land or interest therein within any wilderness area designated by or pursuant to this Act shall not be

invoked so long as the owner or owners of such land or interest

holds and uses it in the same manner and for those purposes

for which such land or interest was held on the date of the designation of the wilderness area: Provided, however, That the

Secretary of Agriculture may acquire such land or interest

without consent of the owner or owners whenever he finds

such use to be incompatible with the management of such area

a wilderness and the owner or owners manifest unwillingness,

and subsequently fail, to promptly discontinue such incompatible use;

(4) at least sixty days prior to any transfer by exchange,

sale, or otherwise (except by bequest) of such lands, or interests therein described in paragraph (3) of this subsection, the

owner or owners of such lands or interests therein provide notice of such transfer to the supervisor of the national forest

concerned, in accordance with such rules and regulations as

the Secretary of Agriculture may promulgate;

(5) at least sixty days prior to any change in the use of

such lands or interests therein described in paragraph (3) of

this subsection which will result in any significant new construction or disturbance of land surface or flora or will require

the use of motor vehicles and other forms of mechanized transport or motorized equipment (except as otherwise authorized
22–9 Sec. 7 EASTERN WILDERNESS ACT

by law for ingress or egress or for existing agricultural activities begun before the date of the designation other than timber

cutting), the owner or owners of such lands or interests therein

shall provide notice of such change in use to the supervisor of

the national forest within which such lands are located, in accordance with such rules and regulations as the Secretary of

Agriculture may promulgate;

(6) for the purposes of paragraphs (7) and (8) of this subsection, the term ‘‘property’’ shall mean a detached, noncommercial residential dwelling, the construction of which was

begun before the date of the designation of the wilderness area

(hereinafter referred to as ‘‘dwelling’’), or an existing agricultural activity begun before the date of the designation of the

wilderness area, other than timber cutting (hereinafter referred to as ‘‘agricultural activity’’), together with so much of

the land on which the dwelling or agricultural activity, such

land being in the same ownership as the dwelling or agricultural activity, as the Secretary of the dwelling for the sole purpose of noncommercial residential use or for the agricultural

activity, together with any structures accessory to the dwelling

or agricultural activity which are situated on the land so designated;

(7) any owner or owners of property on the date of its acquisition by the Secretary of Agriculture 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 such

noncommercial residential purpose or agricultural activity 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 of Agriculture 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, That whenever an owner of property elects to retain a

right of use and occupancy as provided for in this section, such

owner shall be deemed to have waived any benefits or rights

accruing under sections 203, 204, 205, and 206 of the Uniform

Relocation Assistance and Real Property Acquisition Policies

Act of 1970 (84 Stat. 1894), and for the purposes of those sections such owner shall not be considered a displaced person as

defined in section 101(b) of that Act; and

(8) a right of use and occupancy retained or enjoyed pursuant to paragraph (7) of this subsection may be terminated with

respect to the entire property by the Secretary of Agriculture

upon his determination that the property or any portion thereof has ceased to be used for such noncommercial residential

purpose or agricultural activity 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.

TRANSFER OF FEDERAL PROPERTY

SEC. 7. The head of any Federal department or agency having

jurisdiction over any lands or interests in lands within the boundaries of wilderness areas and wilderness study designated by or
Sec. 8 EASTERN WILDERNESS ACT 22–10

pursuant to this Act is authorized to transfer to the Secretary jurisdiction over such lands for administration in accordance with the

provisions of this Act.

APPLICABILITY

SEC. 8. Unless otherwise provided by any other Act the provisions of this Act shall only apply to National Forest areas east of

the 100th meridian.

AUTHORIZATION OF APPROPRIATIONS

SEC. 9. There are hereby authorized to be appropriated an

amount not to exceed $5,000,000 for the acquisition by purchase,

condemnation, or otherwise of lands, waters, or interests therein located in areas designated as wilderness pursuant to section 3 of

this Act and an amount not to exceed $1,700,000 for the purpose

of conducting a review of wilderness study areas designated by section 4 of this Act.
31–1

PART IV—PUBLIC LANDS

31. FEDERAL LAND POLICY AND MANAGEMENT ACT OF

1976

[As Amended Through Public Law 106–580, Dec. 31, 2000]

31–3

31. FEDERAL LAND POLICY AND MANAGEMENT ACT OF

1976

(Public Law 94–579; Approved October 21, 1976; 43 U.S.C. 1701 through 1782)

AN ACT To establish public land policy; to establish guidelines for its administration; to provide for the management, protection, development, and enhancement

of the public lands; and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

TABLE OF CONTENTS

TITLE I—SHORT TITLE; POLICIES; DEFINITIONS

Sec. 101. Short title.

Sec. 102. Declaration of policy.

Sec. 103. Definitions.

TITLE II—LAND USE PLANNING; LAND ACQUISITION AND DISPOSITION

Sec. 201. Inventory and identification.

Sec. 202. Land use planning.

Sec. 203. Sales.

Sec. 204. Withdrawals.

Sec. 205. Acquisitions.

Sec. 206. Exchanges.

Sec. 207. Qualified conveyees.

Sec. 208. Conveyances.

Sec. 209. Reservation and conveyance of mineral interest.

Sec. 210. Coordination with State and local governments.

Sec. 211. Omitted lands.

Sec. 212. Recreation and Public Purposes Act.

Sec. 213. National forest townsites.

Sec. 214. Unintentional Trespass Act.

TITLE III—ADMINISTRATION

Sec. 301. BLM directorate and functions.

Sec. 302. Management of use, occupancy, and development.

Sec. 303. Enforcement authority.

Sec. 304. Service charges and reimbursements.

Sec. 305. Deposits and forfeitures.

Sec. 306. Working capital fund.

Sec. 307. Studies, cooperative agreements, and contributions.

Sec. 308. Contracts for surveys and resource protection.

Sec. 309. Advisory councils and public participation.

Sec. 310. Rules and regulations.

Sec. 311. Program report.

Sec. 312. Search and rescue.

Sec. 313. Sunshine in government.

Sec. 314. Recordation of mining claims and abandonment.

Sec. 315. Recordable disclaimers of interest.

Sec. 316. Correction of conveyance documents.

Sec. 317. Mineral revenues.

Sec. 318. Appropriation authorization.

TITLE IV—RANGE MANAGEMENT

Sec. 401. Grazing fees.

Sec. 402. Grazing leases and permits.
Sec. 101 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–4

Sec. 403. Grazing advisory boards.

Sec. 404. Management of certain horses and burros.

TITLE V—RIGHTS-OF-WAY

Sec. 501. Authorization to grant rights-of-way.

Sec. 502. Cost-share road authorization.

Sec. 503. Corridors.

Sec. 504. General provisions.

Sec. 505. Terms and conditions.

Sec. 506. Suspension and termination of rights-of-way.

Sec. 507. Rights-of-way for Federal agencies.

Sec. 508. Conveyance of lands.

Sec. 509. Existing rights-of-way.

Sec. 510. Effect on other laws.

Sec. 511. Coordination of applications.

TITLE VI—DESIGNATED MANAGEMENT AREAS

Sec. 601. California desert conservation area.

Sec. 602. King range.

Sec. 603. Bureau of land management wilderness study.

TITLE VII—EFFECT ON EXISTING RIGHTS: REPEAL OF EXISTING LAWS;

SEVERABILITY

Sec. 701. Effect on existing rights.

Sec. 702. Repeal of laws relating to homesteading and small tracts.

Sec. 703. Repeal of laws related to disposals.

Sec. 704. Repeal of withdrawal laws.

Sec. 705. Repeal of laws relating to administration of public lands.

Sec. 706. Repeal of laws relating to rights-of-way.

Sec. 707. Severability.

TITLE I—SHORT TITLE, DECLARATION OF POLICY, AND

DEFINITIONS

SHORT TITLE

SEC. 101. ø43 U.S.C. 1701 note¿ This Act may be cited as the

‘‘Federal Land Policy and Management Act of 1976’’.

DECLARATION OF POLICY

SEC. 102. ø43 U.S.C. 1701¿ (a) The Congress declares that it

is the policy of the United States that—

(1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for

in this Act, it is determined that disposal of a particular parcel

will serve the national interest;

(2) the national interest will be best realized if the public

lands and their resources are periodically and systematically

inventoried and their present and future use is projected

through a land use planning process coordinated with other

Federal and State planning efforts;

(3) public lands not previously designated for any specific

use and all existing classifications of public lands that were effected by executive action or statute before the date of enactment of this Act be reviewed in accordance with the provisions

of this Act;

(4) the Congress exercise its constitutional authority to

withdraw or otherwise designate or dedicate Federal lands for

specified purposes and that Congress delineate the extent to

which the Executive may withdraw lands without legislative

action;
31–5 Sec. 103 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(5) in administering public land statutes and and exercising discretionary authority granted by them, the Secretary

be required to establish comprehensive rules and regulations

after considering the views of the general public; and to structure adjudication procedures to assure adequate third party

participation, objective administrative review of initial decisions, and expeditious decisionmaking;

(6) judicial review of public land adjudication decisions be

provided by law;

(7) goals and objectives be established by law as guidelines

for public land use planning, and that management be on the

basis of multiple use and sustained yield unless otherwise

specified by law;

(8) the public lands be managed in a manner that will protect the quality of scientific, scenic, historical, ecological, environmental, air and atmospheric, water resource, and archeological values; that, where appropriate, will preserve and protect certain public lands in their natural condition; that will

provide food and habitat for fish and wildlife and domestic animals; and that will provide for outdoor recreation and human

occupancy and use;

(9) the United States receive fair market value of the use

of the public lands and their resources unless otherwise provided for by statute;

(10) uniform procedures for any disposal of public land, acquisition of non-Federal land or public purposes, and the exchange of such lands be established by statute, requiring each

disposal, acquisition, and exchange to be consistent with the

prescribed mission of the department or agency involved, and

reserving to the Congress review of disposals in excess of a

specified acreage;

(11) regulations and plans for the protection of public land

areas of critical environmental concern be promptly developed;

(12) the public lands be managed in a manner which recognizes the Nation’s need for domestic sources of minerals, food,

timber, and fiber from the public lands including implementation of the Mining and Minerals Policy Act of 1970 (84 Stat.

1876, 30 U.S.C. 21a) as it pertains to the public lands; and

(13) the Federal Government should, on a basis equitable

to both the Federal and local taxpayer, provide for payments

to compensate States and local governments for burdens created as a result of the immunity of Federal lands from State

and local taxation.

(b) The policies of this Act shall become effective only as specific statutory authority for their implementation is enacted by this

Act or by subsequent legislation and shall then be construed as

supplemental to and not in derogation of the purposes for which

public lands are administered under other provisions of law.

DEFINITIONS

SEC. 103. ø43 U.S.C. 1702¿ Without altering in any way the

meaning of the following terms as used in any other statute,

whether or not such statute is referred to in, or amended by, this

Act, as used in this Act—
Sec. 103 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–6

(a) The term ‘‘areas of critical environmental concern’’ means

areas within the public lands where special management attention

is required (when such areas are developed or used or where no development is required) to protect and prevent irreparable damage

to important historic, cultural, or scenic values, fish and wildlife resources or other natural systems or processes, or to protect life and

safety from natural hazards.

(b) The term ‘‘holder’’ means any State or local governmental

entity, individual, partnership, corporation, association, or other

business entity receiving or using a right-of-way under title V of

this Act.

(c) The term ‘‘multiple use’’ means the management of the public lands and their various resource values so that they are utilized

to the combination that will best meet the present and future

needs of the American people; making the most judicious use of the

land for some or all of these resources or related services over

areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; the use

of some land for less than all of the resources; a combination of balanced and diverse resource uses that takes into account the longterm needs of future generations for renewable and nonrenewable

resources, including, but not limited to, recreation, range, timber,

minerals, watershed, wildlife and fish, and natural scenic, scientific

and historical values; and harmonious and coordinated management of the various resources without permanent impairment of

the productivity of the land and the quality of the environment

with consideration being given to the relative values of the resources and not necessarily to the combination of uses that will

give the greatest economic return or the greatest unit output.

(d) The term ‘‘public involvement’’ means the opportunity for

participation by affected citizens in rulemaking, decisionmaking,

and planning with respect to the public lands, including public

meetings or hearings held at locations near the affected lands, or

advisory mechanisms, or such other procedures as may be necessary to provide public comment in a particular instance.

(e) The term ‘‘public lands’’ means any land and interest in

land owned by the United States within the several States and administered by the Secretary of the Interior through the Bureau of

Land Management, without regard to how the United States acquired ownership, except— (1) lands located on the Outer Continental Shelf; and

(2) lands held for the benefit of Indians, Aleuts, and Eskimos.

(f) The term ‘‘right-of-way’’ includes an easement, lease, permit, or license to occupy, use, or traverse public lands granted for

the purpose listed in title V of this Act.

(g) The term ‘‘Secretary’’, unless specifically designated otherwise, means the Secretary of the Interior.

(h) The term ‘‘sustained yield’’ means the achievement and

maintenance in perpetuity of a high-level annual or regular periodic output of the various renewable resources of the public lands

consistent with multiple use.

(i) The term ‘‘wilderness’’ as used in section 603 shall have the

same meaning as it does in section 2(c) of the Wilderness Act (78

Stat. 890; 16 U.S.C. 1131–1136).
31–7 Sec. 103 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

1 In subsection (n), closing quotes omitted after Bureau.

2 In subsection (p), ‘‘western’’ should be capitalized.

(j) The term ‘‘withdrawal’’ means withholding an area of Federal land from settlement, sale, location, or entry, under some or

all of the general land laws, for the purpose of limiting activities

under those laws in order to maintain other public values in the

area or reserving the area for a particular public purpose or program; or transferring jurisdiction over an area of Federal land,

other than ‘‘property’’ governed by the Federal Property and Administrative Services Act, as amended (40 U.S.C. 472) from one department, bureau or agency to another department, bureau or

agency.

(k) The term ‘‘allotment management plan’’ means a document

prepared in consultation with the lessees or permittees involved,

which applies to livestock operations on the public lands or on

lands within National Forests in the eleven contiguous Western

States and which:

(1) prescribes the manner in, and extent to, which livestock operations will be conducted in order to meet the multiple-use, sustained-yield, economic and other needs and objectives as determined for the lands by the Secretary concerned;

and

(2) describes the type, location, ownership, and general

specifications for the range improvements to be installed and

maintained on the lands to meet the livestock grazing and

other objectives of land management; and

(3) contains such other provisions relating to livestock

grazing and other objectives found by the Secretary concerned

to be consistent with the provisions of this Act and other applicable law.

(l) The term ‘‘principal or major uses’’ includes, and is limited

to, domestic livestock grazing, fish and wildlife development and

utilization, mineral exploration and production, rights-of-way, outdoor recreation, and timber production.

(m) The term ‘‘department’’ means a unit of the executive

branch of the Federal Government which is headed by a member

of the President’s Cabinet and the term ‘‘agency’’ means a unit of

the executive branch of the Federal Government which is not under

the jurisdiction of a head of a department.

(n) The term ‘‘Bureau 1 means the Bureau of Land Management.

(o) The term ‘‘eleven contiguous Western States’’ means the

States of Arizona, California, Colorado, Idaho, Montana, Nevada,

New Mexico, Oregon, Utah, Washington, and Wyoming.

(p) The term ‘‘grazing permit and lease’’ means any document

authorizing use of public lands or lands in National Forest in the

eleven contiguous western 2 States for the purpose of grazing domestic livestock.
Sec. 201 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–8

TITLE II—LAND USE PLANNING; LAND ACQUISITION AND

DISPOSITION

INVENTORY AND IDENTIFICATION

SEC. 201. ø43 U.S.C. 1711¿ (a) The Secretary shall prepare and

maintain on a continuing basis an inventory of all public lands and

their resource and other values (including, but not limited to, outdoor recreation and scenic values), giving priority of areas to critical environmental concern. This inventory shall be kept current so

as to reflect changes in conditions and to identify new and emerging resource and other values. The preparation and maintenance of

such inventory or the identification of such areas shall not, of itself,

change or prevent change of the management or use of public

lands.

(b) As funds and manpower are made available, the Secretary

shall ascertain the boundaries of the public lands; provide means

of public identification thereof including, where appropriate, signs

and maps; and provide State and local governments with data from

the inventory for the purpose of planning and regulating the uses

of non-Federal lands in proximity of such public lands.

LAND USE PLANNING

SEC. 202. ø43 U.S.C. 1712¿ (a) The Secretary shall, with public

involvement and consistent with the terms and conditions of this

Act, develop, maintain, and, when appropriate, revise land use

plans which provide by tracts or areas for the use of the public

lands. Land use plans shall be developed for the public lands regardless of whether such lands previously have been classified,

withdrawn, set aside, or otherwise designated for one or more uses.

(b) In the development and revision of land use plans, the Secretary of Agriculture shall coordinate land use plans for lands in

the National Forest System with the land use planning and management programs of and for Indian tribes by among other things,

considering the policies of approved tribal land resource management programs.

(c) In the development and revision of land use plans, the Secretary shall—

(1) use and observe the principles of multiple use and sustained yield set forth in this and other applicable law;

(2) use a systematic interdisciplinary approach to achieve

integrated consideration of physical, biological, economic, and

other sciences;

(3) give priority to the designation and protection of areas

of critical environmental concern;

(4) rely, to the extent it is available, on the inventory of

the public lands, their resources, and other values;

(5) consider present and potential uses of the public lands;

(6) consider the relative scarcity of the values involved and

the availability of alternative means (including recycling) and

sites for realization of those values;

(7) weigh long-term benefits to the public against shortterm benefits;
31–9 Sec. 202 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(8) provide for compliance with applicable pollution control

laws, including State and Federal air, water, noise, or other

pollution standards or implementation plans; and

(9) to the extent consistent with the laws governing the administration of the public lands, coordinate the land use inventory, planning, and management activities of or for such lands

with the land use planning and management programs of other

Federal departments and agencies and of the States and local

governments within which the lands are located, including, but

not limited to, the statewide outdoor recreation plans developed under the Act of September 3, 1964 (78 Stat. 897), as

amended, and of or for Indian tribes by, among other things,

considering the policies of approved State and tribal land resource management programs. In implementing this directive,

the Secretary shall, to the extent he finds practical, keep apprised of State, local, and tribal land use plans; assure that

consideration is given to those State, local, and tribal plans

that are germane in the development of land use plans for public lands; assist in resolving, to the extent practical, inconsistencies between Federal and non-Federal Governmental plans,

and shall provide for meaningful public involvement of State

and local government officials, both elected and appointed, in

the development of land use programs, land use regulations,

and land use decisions for public lands, including early public

notice of proposed decisions which may have a significant impact on non-Federal lands. Such officials in each State are authorized to furnish advice to the Secretary with respect to the

development and revision of land use plans, land use guidelines, land use rules, and land use regulations for the public

lands within such State and with respect to such other land

use matters as may be referred to them by him. Land use

plans of the Secretary under this section shall be consistent

with State and local plans to the maximum extent he finds

consistent with Federal law and the purposes of this Act.

(d) Any classification of public lands or any land use plan in

effect on the date of enactment of this Act is subject to review in

the land use planning process conducted under this section, and all

public lands, regardless of classification, are subject to inclusion in

any land use plan developed pursuant to this section. The Secretary may modify or terminate any such classification consistent

with such land use plans.

(e) The Secretary may issue management decisions to implement land use plans developed or revised under this section in accordance with the following:

(1) Such decisions, including but not limited to exclusions

(that is, total elimination) of one or more of the principal or

major uses made by a management decision shall remain subject to reconsideration, modification, and termination through

revision by the Secretary or his delegate, under the provisions

of this section, of the land use plan involved.

(2) Any management decision or action pursuant to a management decision that excludes (that is, totally eliminates) one

or more of the principal or major uses for two or more years

with respect to a tract of land of one hundred thousand acres

or more shall be reported by the Secretary to the House of Rep-
Sec. 203 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–10

resentatives and the Senate. If within ninety days from the

giving of such notice (exclusive of days on which either House

has adjourned for more than three consecutive days), the Congress adopts a concurrent resolution of nonapproval of the

management decision or action, then the management decision

or action shall be promptly terminated by the Secretary. If the

committee to which a resolution has been referred during the

said ninety day period, has not reported it at the end of thirty

calendar days after its referral, it shall be in order to either

discharge the committee from further consideration of such

resolution or to discharge the committee from consideration of

any other resolution with respect to the management decision

or action. A motion to discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported

such a resolution), and debate thereon shall be limited to not

more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the

motion shall not be in order, and it shall not be in order to

move to reconsider the vote by which the motion was agreed

to or disagreed to. If the motion to discharge is agreed to or

disagreed to, the motion may not be made with respect to any

other resolution with respect to the same management decision

or action. When the committee has reprinted, or has been discharged from further consideration of a resolution, it shall at

any time thereafter be in order (even though a previous motion

to the same effect has been disagreed to) to move to proceed

to the consideration of the resolution. The motion shall be

highly privileged and shall not be debatable. An amendment to

the motion shall not be in order, and it shall not be in order

to move to reconsider the vote by which the motion was agreed

to or disagreed to.

(3) Withdrawals made pursuant to section 204 of this Act

may be used in carrying out management decisions, but public

lands shall be removed from or restored to the operation of the

Mining Law of 1872, as amended (R.S. 2318–2352; 30 U.S.C.

21 et. seq.) or transferred to another department, bureau, or

agency only by withdrawal action pursuant to section 204 or

other action pursuant to applicable law: Provided, That nothing in this section shall prevent a wholly owned Government

corporation from acquiring and holding rights as a citizen

under the Mining Law of 1872.

(f) The Secretary shall allow an opportunity for public involvement and by regulation shall establish procedures, including public

hearings where appropriate, to give Federal, State, and local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans and programs relating to the management of the public lands.

SALES

SEC. 203. ø43 U.S.C. 1713¿ (a) A tract of the public lands (except land in units of the National Wilderness Preservation System,

National Wild and Scenic Rivers Systems, and National System of

Trails) may be sold under this Act where, as a result of land use

planning required under section 202 of this Act, the Secretary de-
31–11 Sec. 203 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

termines that the sale of such tract meets the following disposal

criteria:

(1) such tract because of its location or other characteristics is difficult and uneconomic to manage as part of the public

lands, and is not suitable for management by another Federal

department or agency; or

(2) such tract was acquired for a specific purpose and the

tract is no longer required for that or any other Federal purpose; or

(3) disposal of such tract will serve important public objectives, including but not limited to, expansion of communities

and economic development, which cannot be achieved prudently or feasibly on land other than public land and which

outweigh other public objectives and values, including, but not

limited to, recreation and scenic values, which would be served

by maintaining such tract in Federal ownership.

(b) Where the Secretary determines that land to be conveyed

under clause (3) of subsection (a) of this section is of agricultural

value and is desert in character, such land shall be conveyed either

under the sale authority of this section or in accordance with other

existing law.

(c) Where a tract of the public lands in excess of two thousand

five hundred acres has been designated for sale, such sale may be

made only after the end of the ninety days (not counting days on

which the House of Representatives or the Senate has adjourned

for more than three consecutive days) beginning on the day the

Secretary has submitted notice of such designation to the Senate

and the House of Representatives, and then only if the Congress

has not adopted a concurrent resolution stating that such House

does not approve of such designation. If the committee to which a

resolution has been referred during the said ninety day period, has

not reported it at the end of thirty calendar days after its referral,

it shall be in order to either discharge the committee from further

consideration of such resolution or to discharge the committee from

consideration of any other resolution with respect to the designation. A motion to discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it may

not be made after the committee has reported such a resolution),

and debate thereon shall be limited to not more than one hour, to

be divided equally between those favoring and those opposing the

resolution. An amendment to the motion shall not be in order, and

it shall not be in order to move to reconsider the vote by which the

motion was agreed to or disagreed to. If the motion to discharge is

agreed to or disagreed to, the motion may not be made with respect

to any other resolution with respect to the same designation. When

the committee has reprinted, or has been discharged from further

consideration of a resolution, it shall at any time thereafter be in

order (even though a previous motion to the same effect has been

disagreed to) move to proceed to the consideration of the resolution.

The motion shall be highly privileged and shall not be debatable.

An amendment to the motion shall not be in order, and it shall not

be in order to move to reconsider the vote by which the motion was

agreed to or disagreed to.

(d) Sales of public lands shall be made at a price not less than

their fair market value as determined by the Secretary.
Sec. 204 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–12

(e) The Secretary shall determine and establish the size of

tracts of public lands to be sold on the basis of the land use capabilities and development requirements of the lands; and, where any

such tract which is judged by the Secretary to be chiefly valuable

for agriculture is sold, its size shall be no larger than necessary to

support a family-sized farm.

(f) Sales of public lands under this section shall be conducted

under competitive bidding procedures to be established by the Secretary. However, where the Secretary determines it necessary and

proper in order (1) to assure equitable distribution among purchasers of lands, or (2) to recognize equitable considerations or public policies, including but not limited to, a preference to users, he

may sell those lands with modified competitive bidding or without

competitive bidding. In recognizing public policies, the Secretary

shall give consideration to the following potential purchasers:

(1) the State in which the land is located;

(2) the local government entities in such State which are

in the vicinity on the land;

(3) adjoining landowners;

(4) individuals; and

(5) any other person.

(g) The Secretary shall accept or reject, in writing, any offer to

purchase made through competitive bidding at his invitation no

later than thirty days after the receipt of such offer or, in the case

of a tract in excess of two thousand five hundred acres, at the end

of thirty days after the end of the ninety-day period provided in

subsection (c) of this section, whichever is later, unless the offeror

waives his right to a decision within such thirty-day period. Prior

to the expiration of such periods the Secretary may refuse to accept

any offer or may withdraw any land or interest in land from sale

under this section when he determines that consummation of the

sale would not be consistent with this Act or other applicable law.

WITHDRAWALS

SEC. 204. ø43 U.S.C. 1714¿ (a) On and after the effective date

of this Act the Secretary is authorized to make, modify, extend, or

revoke withdrawals but only in accordance with the provisions and

limitations of this section. The Secretary may delegate this withdrawal authority only to individuals in the Office of the Secretary

who have been appointed by the President, by and with the advice

and consent of the Senate.

(b)(1) Within thirty days of receipt of an application for withdrawal, and whenever he proposes a withdrawal on his own own

motion, the Secretary shall publish a notice in the Federal Register

stating that the application has been submitted for filing or the

proposal has been made and the extent to which the land is to be

segregated while the application is being considered by the Secretary. Upon publication of such notice the land shall be segregated

from the operation of the public land laws to the extent specified

in the notice. The segregative effect of the application shall terminate upon (a) rejection of the application by the Secretary, (b) withdrawal of lands by the Secretary, or (c) the expiration of two years

from the date of the notice.

(2) The publication provisions of this subsection are not applicable to withdrawals under subsection (e) hereof.
31–13 Sec. 204 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(c)(1) On and after the dates of approval of this Act a withdrawal aggregating five thousand acres or more may be made (or

such a withdrawal or any other withdrawal involving in the aggregate five thousand acres or more which terminates after such date

of approval may be extended) only for a period of not more than

twenty years by the Secretary on his own motion or upon request

by a department or agency head. The Secretary shall notify both

Houses of Congress of such a withdrawal no later than its effective

date and the withdrawal shall terminate and become ineffective at

the end of ninety days (not counting days on which the Senate or

the House of Representatives has adjourned for more than three

consecutive days) beginning on the day notice of such withdrawal

has been submitted to the Senate and the House of Representatives, if the Congress has adopted a concurrent resolution stating

that such House does not approve the withdrawal. If the committee

to which a resolution has been referred during the said ninety day

period, has not reported it at the end of thirty calendar days after

its referral, it shall be in order to either discharge the committee

from further consideration of such resolution or to discharge the

committee from consideration of any other resolution with respect

to the Presidential recommendation. A motion to discharge may be

made only by an individual favoring the resolution, shall be highly

privileged (except that it may not be made after the committee has

reported such a resolution), and debate thereon shall be limited to

not more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to

reconsider the vote by which the motion was agreed to or disagreed

to. If the motion to discharge is agreed to or disagreed to, the motion may not be made with respect to any other resolution with respect to the same Presidential recommendations. When the committee has reprinted, or has been discharged from further consideration of a resolution, it shall at any time thereafter be in order

(even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution.

The motion shall be highly privileged and shall not be debatable.

An amendment to the motion shall not be in order, and it shall not

be in order to move to reconsider the vote by which the motion was

agreed to or disagreed to.

(2) With the notices required by subsection (c)(1) of this section

and within three months after filing the notice under subsection (e)

of this section, the Secretary shall furnish to the committees— (1) a clear explanation of the proposed use of the land involved which led to the withdrawal;

(2) an inventory and evaluation of the current natural resource uses and values of the site and adjacent public and nonpublic land and how it appears they will be affected by the proposed use, including particularly aspects of use that might

cause degradation of the environment, and also the economic

impact of the change in use on individuals, local communities,

and the Nation;

(3) an identification of present users of the land involved,

and how they will be affected by the proposed use;

(4) an analysis of the manner in which existing and potential resource uses are incompatible with or in conflict with the
Sec. 204 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–14

proposed use, together with a statement of the provisions to be

made for continuation or termination of existing uses, including an economic analysis of such continuation or termination;

(5) an analysis of the manner in which such lands will be

used in relation to the specific requirements for the proposed

use;

(6) a statement as to whether any suitable alternative

sites are available (including cost estimates) for the proposed

use or for uses such a withdrawal would displace;

(7) a statement of the consultation which has been or will

be had with other Federal departments and agencies, with regional, State, and local government bodies, and with other appropriate individuals and groups;

(8) a statement indicating the effects of the proposed uses,

if any, on State and local government interests and the regional economy;

(9) a statement of the expected length of time needed for

the withdrawal;

(10) the time and place of hearings and of other public involvement concerning such withdrawal;

(11) the place where the records on the withdrawal can be

examined by interested parties; and

(12) a report prepared by a qualified mining engineer, engineering geologist, or geologist which shall include but not be

limited to information on: general geology, known mineral deposits, past and present mineral production, mining claims,

mineral leases, evaluation of future mineral potential, present

and potential market demands.

(d) A withdrawal aggregating less than five thousand acres

may be made under this subsection by the Secretary on his own

motion or upon request by a department or an agency head—

(1) for such period of time as he deems desirable for a resource use; or

(2) for a period of not more than twenty years for any

other use, including but not limited to use for administrative

sites, location of facilities, and other proprietary purposes; or

(3) for a period of not more than five years to preserve

such tract for a specific use then under consideration by the

Congress.

(e) When the Secretary determines, or when the Committee on

Natural Resources of the House of Representatives or the Committee on Energy and Natural Resources of the Senate notifies the

Secretary, that an emergency situation exists and that extraordinary measures must be taken to preserve values that would otherwise be lost, the Secretary notwithstanding the provisions of subsections (c)(1) and (d) of this section, shall immediately make a

withdrawal and file notice of such emergency withdrawal with both

of those Committees. Such emergency withdrawal shall be effective

when made but shall last only for a period not to exceed three

years and may not be extended except under the provisions of subsection (c)(1) or (d), whichever is applicable, and (b)(1) of this section. The information required in subsection (c)(2) of this subsection shall be furnished the committees within three months

after filing such notice.
31–15 Sec. 204 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(f) All withdrawals and extensions thereof, whether made prior

to or after approval of this Act, having a specific period shall be

reviewed by the Secretary toward the end of the withdrawal period

and may be extended or further extended only upon compliance

with the provisions of subsection (c)(1) or (d), whichever is applicable, and only if the Secretary determines that the purpose for

which the withdrawal was first made requires the extension, and

then only for a period no longer than the length of the original

withdrawal period. The Secretary shall report on such review and

extensions to the Committee on Natural Resources of the House of

Representatives and the Committee on Energy and Natural Resources of the Senate.

(g) All applications for withdrawal pending on the date of approval of this Act shall be processed and adjudicated to conclusion

within fifteen years of the date of approval of this Act, in accordance with the provisions of this section. The segregative effect of

any application not so processed shall terminate on that date.

(h) All new withdrawals made by the Secretary under this section (except an emergency withdrawal made under subsection (e) of

this section) shall be promulgated after an opportunity for a public

hearing.

(i) In the case of lands under the administration of any department or agency other than the Department of the Interior, the Secretary shall make, modify, and revoke withdrawals only with the

consent of the head of the department or agency concerned, except

when the provisions of subsection (e) of this section apply.

(j) The Secretary shall not make, modify, or revoke any withdrawal created by Act of Congress; make a withdrawal which can

be made only by Act of Congress; modify or revoke any withdrawal

creating national monuments under the Act of June 8, 1906 (34

Stat. 225; 16 U.S.C. 431–433); or modify, or revoke any withdrawal

which added lands to the National Wildlife Refuge System prior to

the date of approval of this Act or which thereafter adds lands to

that System under the terms of this Act. Nothing in this Act is intended to modify or change any provision of the Act of February

27, 1976 (90 Stat. 199; 16 U.S.C. 668dd(a)).

(k) There is hereby authorized to be appropriated the sum of $10,000,000 for the purpose of processing withdrawal applications

pending on the effective date of this Act, to be available until expended.

(l)(1) The Secretary shall, within fifteen years of the date of enactment of this Act, review withdrawals existing on the date of approval of this Act, in the States of Arizona, California, Colorado,

Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington,

and Wyoming of (1) all Federal lands other than withdrawals of the

public lands administered by the Bureau of Land Management and

of lands which, on the date of approval of this Act, were part of Indian reservations and other Indian holdings, the National Forest

System, the National Park System, the National Wildlife Refuge

System, other lands administered by the Fish and Wildlife Service

or the Secretary through the Fish and Wildlife Service, the National Wild and Scenic Rivers System, and the National System of

Trails; and (2) all public lands administered by the Bureau of Land

Management and of lands in the National Forest System (except

those in wilderness areas, and those areas formally identified as
Sec. 204 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–16

primitive or natural areas or designated as national recreation

areas) which closed the lands to appropriation under the Mining

Law of 1872 (17 Stat. 91, as amended; 30 U.S.C. 22 et seq.) or to

leasing under the Mineral Leasing Act of 1920 (41 Stat. 437, as

amended; 30 U.S.C. 181 et seq.).

(2) In the review required by paragraph (1) of this subsection,

the Secretary shall determine whether, and for how long, the continuation of the existing withdrawal of the lands would be, in his

judgment, consistent with the statutory objectives of the programs

for which the lands were dedicated and of the other relevant programs. The Secretary shall report his recommendations to the

President, together with statements of concurrence or nonconcurrence submitted by the heads of the departments or agencies which

administer the lands. The President shall transmit this report to

the President of the Senate and the Speaker of the House of Representatives, together with his recommendations for action by the

Secretary, or for legislation. The Secretary may act to terminate

withdrawals other than those made by Act of the Congress in accordance with the recommendations of the President unless before

the end of ninety days (not counting days on which the Senate and

the House of Representatives has adjourned for more than three

consecutive days) beginning on the day the report of the President

has been submitted to the Senate and the House of Representatives

the Congress has adopted a concurrent resolution indicating otherwise. If the committee to which a resolution has been referred during the said ninety day period, has not reported it at the end of

thirty calendar days after its referral, it shall be in order to either

discharge the committee from further consideration of such resolution or to discharge the committee from consideration of any other

resolution with respect to the Presidential recommendation. A motion to discharge may be made only by an individual favoring the

resolution, shall be highly privileged (except that it may not be

made after the committee has reported such a resolution), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it

shall not be in order to move to reconsider the vote by which the

motion was agreed to or disagreed to. If the motion to discharge is

agreed to or disagreed to, the motion may not be made with respect

to any other resolution with respect to the same Presidential recommendation. When the committee has reprinted, or has been discharged from further consideration of a resolution, it shall at any

time thereafter be in order (even though a previous motion to the

same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be highly privileged and

shall not be debatable. An amendment to the motion shall not be

in order, and it shall not be in order to move to reconsider the vote

by which the motion was agreed to or disagreed to.

(3) There are hereby authorized to be appropriated not more

than $10,000,000 for the purpose of paragraph (1) of this subsection to be available until expended to the Secretary and to the

heads of other departments and agencies which will be involved.
31–17 Sec. 206 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

ACQUISITIONS

SEC. 205. ø43 U.S.C. 1715¿ (a) Notwithstanding any other provisions of law, the Secretary, with respect to the public lands and

the Secretary of Agriculture, with respect to the acquisition of access over non-Federal lands to units of the National Forest System,

are authorized to acquire pursuant to this Act by purchase, exchange, donation, or eminent domain, lands or interests therein:

Provided, That with respect to the public lands, the Secretary may

exercise the power of eminent domain only if necessary to secure

access to public lands, and then only if the lands so acquired are

confined to as narrow a corridor as is necessary to serve such purpose. Nothing in this subsection shall be construed as expanding or

limiting the authority of the Secretary of Agriculture to acquire

land by eminent domain within the boundaries of units of the National Forest System.

(b) Acquisitions pursuant to this section shall be consistent

with the mission of the department involved and with applicable

departmental land-use plans.

(c) Except as provided in subsection (e), lands and interests in

lands acquired by the Secretary pursuant to this section or section

206 shall, upon acceptance of title, become public lands, and, for

the administration of public land laws not repealed by this Act,

shall remain public lands. If such acquired lands or interests in

lands are located within the exterior boundaries of a grazing district established pursuant to the first section of the Act of June 28,

1934 (48 Stat. 1269, as amended; 43 U.S.C. 315) (commonly known

as the ‘‘Taylor Grazing Act’’), they shall become a part of that district. Lands and interests in lands acquired pursuant to this section which are within boundaries of the National Forest System

may be transferred to the Secretary of Agriculture and shall then

become National Forest System lands and subject to all the laws,

rules, and regulations applicable thereto.

(d) Lands and interests in lands acquired by the Secretary of

Agriculture pursuant to this section shall, upon acceptance of title,

become National Forest System lands subject to all the laws, rules,

and regulations applicable thereto.

(e) Lands acquired by the Secretary pursuant to this section or

section 206 in exchanged for lands which were revested in the

United States pursuant to the provisions of the Act of June 9, 1916

(39 Stat. 218) or reconveyed to the United States pursuant to the

provisions of the Act of February 26, 1919 (40 Stat. 1179), shall be

considered for all purposes to have the same status as, and shall

be administered in accordance with the same provisions of law applicable to, the revested or reconveyed lands exchange for the lands

acquired by the Secretary.

EXCHANGES

SEC. 206. ø43 U.S.C. 1716¿ (a) A tract of public land or interests therein may be disposed of by exchange by the Secretary

under this Act and a tract of land or interests therein within the

National Forest System may be disposed of by exchange by the Secretary of Agriculture under applicable law where the Secretary concerned determines that the public interest will be well served by

making that exchange: Provided, That when considering public in-
Sec. 206 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–18

terest the Secretary concerned shall give full consideration to better Federal land management and the needs of State and local people, including needs for lands for the economy, community expansion, recreation areas, food, fiber, minerals, and fish and wildlife

and the Secretary concerned finds that the values and the objectives which Federal lands or interests to be conveyed may serve if

retained in Federal ownership are not more than the values of the

non-Federal lands or interests and the public objectives they could

serve if acquired.

(b) In exercising the exchange authority granted by subsection

(a) or by section 205(a) of this Act, the Secretary concerned may

accept title to any non-Federal land or interests therein in exchange for such land, or interests therein which he finds proper for

transfer out of Federal ownership and which are located in the

same State as the non-Federal land or interest to be acquired. For

the purposes of this subsection, unsurveyed school sections which,

upon survey by the Secretary, would become State lands, shall be

considered as ‘‘non-Federal lands’’. The values of the lands exchanged by the Secretary under this Act and by the Secretary of

Agriculture under applicable law relating to lands within the National Forest System either shall be equal, or if they are not equal,

the values shall be equalized by the payment of money to the

grantor or to the Secretary concerned as the circumstances require

so long as payment does not exceed 25 per centum of the total

value of the lands or interests transferred out of Federal ownership. The Secretary concerned and the other party or parties involved in the exchange may mutually agree to waive the requirement for the payment of money to equalize values where the Secretary concerned determines that the exchange will be expedited

thereby and that the public interest will be better served by such

a waiver of cash equalization payments and where the amount to

be waived is no more than 3 per centum of the value of the lands

being transferred out of Federal ownership or $15,000, whichever

is less, except that the Secretary of Agriculture shall not agree to

waive any such requirement for payment of money to the United

States. The Secretary concerned shall try to reduce the amount of

the payment of money to as small an amount as possible.

(c) Lands acquired by the Secretary by exchange under this

section which are within the boundaries of any unit of the National

Forest System, National Park System, National Wildlife Refuge

System, National Wild and Scenic Rivers System, National Trails

System, National Wilderness Preservation System, or any other

system established by Act of Congress, or the boundaries of the

California Desert Conservation Area, or the boundaries of any national conservation area or national recreation area established by

Act of Congress, upon acceptance of title by the United States shall

immediately be reserved for and become a part of the unit or area

within which they are located, without further action by the Secretary, and shall thereafter be managed in accordance with all

laws, rules, and regulations applicable to such unit or area.

(d)(1) No later than ninety days after entering into an agreement to initiate an exchange of land or interests therein pursuant

to this Act or other applicable law, the Secretary concerned and

other party or parties involved in the exchange shall arrange for

appraisal (to be completed within a time frame and under such
31–19 Sec. 206 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

terms as are negotiated by the parties) of the lands or interests

therein involved in the exchange in accordance with subsection (f)

of this section.

(2) If within one hundred and eighty days after the submission

of an appraisal or appraisals for review and approval by the Secretary concerned, the Secretary concerned and the other party or

parties involved cannot agree to accept the findings of an appraisal

or appraisals, the appraisal or appraisals shall be submitted to an

arbitrator appointed by the Secretary from a list of arbitrators submitted to him by the American Arbitration Association for arbitration to be conducted in accordance with the real estate valuation

arbitration rules of the American Arbitration Association. Such arbitration shall be binding for a period of not to exceed two years

on the Secretary concerned and the other party or parties involved

in the exchange insofar as concerns the value of the lands which

were the subject of the appraisal or appraisals.

(3) Within thirty days after the completion of the arbitration,

the Secretary concerned and the other party or parties involved in

the exchange shall determine whether to proceed with the exchange, modify the exchange to reflect the findings of the arbitration or any other factors, or to withdraw from the exchange. A decision to withdraw from the exchange may be made by either the

Secretary concerned or the other party or parties involved.

(4) Instead of submitting the appraisal to an arbitrator, as provided in paragraph (2) of this section, the Secretary concerned and

the other party or parties involved in an exchange may mutually

agree to employ a process of bargaining or some other process to

determine the values of the properties involved in the exchange.

(5) The Secretary concerned and the other party or parties involved in an exchange may mutually agree to suspend or modify

any of the deadlines contained in this subsection.

(e) Unless mutually agreed otherwise by the Secretary concerned and the other party or parties involved in an exchange pursuant to this Act or other applicable law, all patents or titles to be

issued for land or interests therein to be acquired by the Federal

Government and lands or interest therein to be transferred out of

Federal ownership shall be issued simultaneously after the Secretary concerned has taken any necessary steps to assure that the

United States will receive acceptable title.

(f)(1) Within one year after the enactment of subsections (d)

through (i) of this section, the Secretaries of the Interior and Agriculture shall promulgate new and comprehensive rules and regulations governing exchanges of land and interests therein pursuant

to this Act and other applicable law. Such rules and regulations

shall fully reflect the changes in law made by subsections (d)

through (i) of this section and shall include provisions pertaining

to appraisals of lands and interests therein involved in such exchanges.

(2) The provisions of the rules and regulations issued pursuant

to paragraph (1) of this subsection governing appraisals shall reflect nationally recognized appraisal standards, including, to the

extent appropriate, the Uniform Appraisal Standards for Federal

Land Acquisitions: Provided, however, That the provisions of such

rules and regulations shall—
Sec. 206 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–20

(A) ensure that the same nationally approved appraisal

standards are used in appraising lands or interest therein

being acquired by the Federal Government and appraising

lands or interests therein being transferred out of Federal ownership; and

(B) with respect to costs or other responsibilities or requirements associated with land exchanges— (i) recognize that the parties involved in an exchange

may mutually agree that one party (or parties) will assume, without compensation, all or part of certain costs or

other responsibilities or requirements ordinarily borne by

the other party or parties; and

(ii) also permit the Secretary concerned, where such

Secretary determines it is in the public interest and it is

in the best interest of consummating an exchange pursuant to this Act or other applicable law, and upon mutual

agreement of the parties, to make adjustments to the relative values involved in an exchange transaction in order

to compensate a party or parties to the exchange for assuming costs or other responsibilities or requirements

which would ordinarily be borne by the other party or parties.

As used in this subparagraph, the term ‘‘costs or other responsibilities or requirements’’ shall include, but not be limited to, costs

or other requirements associated with land surveys and appraisals,

mineral examinations, title searches, archeological surveys and salvage, removal of encumbrances, arbitration pursuant to subsection

(d) of this section, curing deficiencies preventing highest and best

use, and other costs to comply with laws, regulations and policies

applicable to exchange transactions, or which are necessary to

bring the Federal or non-Federal lands or interests involved in the

exchange to their highest and best use for the appraisal and exchange purposes. Prior to making any adjustments pursuant to this

subparagraph, the Secretary concerned shall be satisfied that the

amount of such adjustment is reasonable and accurately reflects

the approximate value of any costs or services provided or any responsibilities or requirements assumed.

(g) Until such time as new and comprehensive rules and regulations governing exchange of land and interests therein are promulgated pursuant to subsection (f) of this section, land exchanges

may proceed in accordance with existing laws and regulations, and

nothing in the Act shall be construed to require any delay in, or

otherwise hinder, the processing and consummation of land exchanges pending the promulgation of such new and comprehensive

rules and regulations. Where the Secretary concerned and the

party or parties involved in an exchange have agreed to initiate an

exchange of land or interests therein prior to the day of enactment

of such subsections, subsections (d) through (i) of this section shall

not apply to such exchanges unless the Secretary concerned and

the party or parties involved in the exchange mutually agree otherwise.

(h)(1) Notwithstanding the provisions of this Act and other applicable laws which require that exchanges of land or interests

therein be for equal value, where the Secretary concerned determines it is in the public interest and that the consummation of a
31–21 Sec. 207 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

particular exchange will be expedited thereby, the Secretary concerned may exchange lands or interests therein which are of approximately equal value in cases where—

(A) the combined value of the lands or interests therein to

be transferred from Federal ownership by the Secretary concerned in such exchange is not more than $150,000; and

(B) the Secretary concerned finds in accordance with the

regulations to be promulgated pursuant to subsection (f) of this

section that a determination of approximately equal value can

be made without formal appraisals, as based on a statement of

value made by a qualified appraiser and approved by an authorized officer; and

(C) the definition of and procedure for determining ‘‘approximately equal value’’ has been set forth in regulations by

the Secretary concerned and the Secretary concerned documents how such determination was made in the case of the

particular exchange involved.

(2) As used in this subsection, the term ‘‘approximately equal

value’’ shall have the same meaning with respect to lands managed

by the Secretary of Agriculture as it does in the Act of January 22,

1983 (commonly known as the ‘‘Small Tracts Act’’).

(i)(1) Upon receipt of an offer to exchange lands or interests in

lands pursuant to this Act or other applicable laws, at the request

of the head of the department or agency having jurisdiction over

the lands involved, the Secretary of the Interior may temporarily

segregate the Federal lands under consideration for exchange from

appropriation under the mining laws. Such temporary segregation

may only be made for a period of not to exceed five years. Upon

a decision not to proceed with the exchange or upon deletion of any

particular parcel from the exchange offer, the Federal lands involved or deleted shall be promptly restored to their former status

under the mining laws. Any segregation pursuant to this paragraph shall be subject to valid existing rights as of the date of such

segregation.

(2) All non-Federal lands which are acquired by the United

States through exchange pursuant to this Act or pursuant to other

law applicable to lands managed by the Secretary of Agriculture

shall be automatically segregated from appropriation under the

public land law, including the mining laws, for ninety days after

acceptance of title by the United States. Such segregation shall be

subject to valid existing rights as of the date of such acceptance of

title. At the end of such ninety day period, such segregation shall

end and such lands shall be open to operation of the public land

laws and to entry, location, and patent under the mining laws except to the extent otherwise provided by this Act or other applicable law, or appropriate actions pursuant thereto.

QUALIFIED CONVEYEES

SEC. 207. ø43 U.S.C. 1717¿ No tract of land may be disposed

of under this Act, whether by sale, exchange, or donation, to any

person who is not a citizen of the United States, or in the case of

a corporation, is not subject to the laws of any State or of the

United States.
Sec. 208 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–22

CONVEYANCES

SEC. 208. ø43 U.S.C. 1718¿ The Secretary shall issue all patents or other documents of conveyance after any disposal authorized by this Act. The Secretary shall insert in any such patent or

other document of conveyance he issues, except in the case of land

exchanges, for which the provisions of subsection 206(b) of this Act

shall apply, such terms, covenants, conditions, and reservations as

he deems necessary to insure proper land use and protection of the

public interest: Provided, That a conveyance of lands by the Secretary, subject to such terms, covenants, conditions, and reservations, shall not exempt the grantee from compliance with applicable Federal or State law or State land use plans: Provided further,

That the Secretary shall not make conveyances of public lands containing terms and conditions which would, at the time of the conveyance, constitute a violation of any law or regulation pursuant to

State and local land use plans, or programs.

RESERVATION AND CONVEYANCE OF MINERALS

SEC. 209. ø43 U.S.C. 1719¿ (a) All conveyances of title issued

by the Secretary, except those involving land exchanges provided

for in section 206, shall reserve to the United States all minerals

in the lands, together with the right to prospect for, mine, and remove the minerals under applicable law and such regulations as

the Secretary may prescribe, except that if the Secretary makes the

findings specified in subsection (b) of this section, the minerals may

then be conveyed together with the surface to the prospective surface owner as provided in subsection (b).

(b)(1) The Secretary, after consultation with the appropriate

department or agency head, may convey mineral interests owned

by the United States where the surface is or will be in non-Federal

ownership, regardless of which Federal entity may have administered the surface, if he finds (1) that there are no known mineral

values in the land, or (2) that the reservation of the mineral rights

in the United States is interfering with or precluding appropriate

non-mineral development of the land and that such development is

a more beneficial use of the land than mineral development.

(2) Conveyance of mineral interests pursuant to this section

shall be made only to the existing or proposed record owner of the

surface, upon payment of administrative costs and the fair market

value of the interests being conveyed.

(3) Before considering an application for conveyance of mineral

interests pursuant to this section—

(i) the Secretary shall require the deposit by the applicant

of a sum of money which he deems sufficient to cover administrative costs including, but not limited to, costs of conducting

an exploratory program to determine the character of the mineral deposits in the land, evaluating the data obtained under

the exploratory program to determine the fair market value of

the mineral interests to be conveyed, and preparing and

issuing the documents of conveyance: Provided, That, if the administrative costs exceed the deposit, the applicant shall pay

the outstanding amount; and, if the deposit exceeds the administrative costs, the applicant shall be given a credit for or refund of the excess; or
31–23 Sec. 211 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(ii) the applicant, with the consent of the Secretary, shall

have conducted, and submitted to the Secretary the results of,

such an exploratory program, in accordance with standards

promulgated by the Secretary.

(4) Moneys paid to the Secretary for administrative costs pursuant to this subsection shall be paid to the agency which rendered

the service and deposited to the appropriation then current.

COORDINATION WITH STATE AND LOCAL GOVERNMENTS

SEC. 210. ø43 U.S.C. 1720¿ At least sixty days prior to offering

for sale or otherwise conveying public lands under this Act, the

Secretary shall notify the Governor of the State within which such

lands are located and the head of the governing body of any political subdivision of the State having zoning or other land use regulatory jurisdiction in the geographical area within which such lands

are located, in order to afford the appropriate body the opportunity

to zone or otherwise regulate, or change or amend existing zoning

or other regulations concerning the use of such lands prior to such

conveyance. The Secretary shall also promptly notify such public

officials of the issuance of the patent or other document of conveyance for such lands.

OMITTED LANDS

SEC. 211. ø43 U.S.C. 1721¿ OMITTED LANDS.—(a) The Secretary is hereby authorized to convey to States or their political

subdivisions under the Recreation and Public Purposes Act (44

Stat. 741 as amended; 43 U.S.C. 869 et seq.), as amended, but

without regard to the acreage limitations contained therein,

unsurveyed islands determined by the Secretary to be public lands

of the United States. The conveyance of any such island may be

made without survey: Provided, however, That such island may be

surveyed at the request of the applicant State or its political subdivision if such State or subdivision donates money or services to

the Secretary for such survey, the Secretary accepts such money or

services, and such services are conducted pursuant to criteria established by the Director of the Bureau of Land Management. Any

such island so surveyed shall not be conveyed without approval of

such survey by the Secretary prior to the conveyance.

(b)(1) The Secretary is authorized to convey to States and their

political subdivisions under the Recreation and Public Purposes

Act, but without regard to the acreage limitations contained therein, lands other than islands determined by him after survey to be

public lands of the United States erroneously or fraudulently omitted from the original surveys (hereinafter referred to as ‘‘omitted

lands’’). Any such conveyance shall not be made without a survey:

Provided, That the prospective recipient may donate money or services to the Secretary for the surveying necessary prior to conveyance if the Secretary accepts such money or services, such services

are conducted pursuant to criteria established by the Director of

the Bureau of Land Management, and such survey is approved by

the Secretary prior to the conveyance.

(2) The Secretary is authorized to convey to the occupant of an

omitted lands which, after survey, are found to have been occupied

and developed for a five-year period prior to January 1, 1975, if the
Sec. 214 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–24

Secretary determines that such conveyance is in the public interest

and will serve objectives which outweigh all public objectives and

values which would be served by retaining such lands in Federal

ownership. Conveyance under this subparagraph shall be made at

not less than the fair market value of the land, as determined by

the Secretary, and upon payment in addition of administrative

costs, including the cost of making the survey, the cost of appraisal,

and the cost of making the conveyance.

(c)(1) No conveyance shall be made pursuant to this section

until the relevant State government, local government, and

areawide planning agency designated pursuant to section 204 of

the Demonstration Cities and Metropolitan Development Act of

1966 (80 Stat. 1255, 1262) and/or title IV of the Intergovernmental

Cooperation Act of 1968 (82 Stat. 1098, 1103-4) have notified the

Secretary as to the consistency of such conveyance with applicable

State and local government land use plans and programs.

(2) The provisions of section 210 of this Act shall be applicable

to all conveyances under this section.

(d) The final sentence of section 1(c) of the Recreation and Public Purposes Act shall not be applicable to conveyances under this

section.

(e) No conveyance pursuant to this section shall be used as the

basis for determining the baseline between Federal and State ownership, the boundary of any State for purposes of determining the

extent of a State’s submerged lands or the line of demarcation of

Federal jurisdiction, or any similar or related purpose.

(f) The provisions of this section shall not apply to any lands

within the National Forest System, defined in the Act of August 17,

1974 (88 Stat. 476; 16 U.S.C. 1601), the National Park System, the

National Wildlife Refuge System, and the National Wild and Scenic

Rivers System.

(g) Nothing in this section shall supersede the provisions of the

Act of December 22, 1928 (45 Stat. 1069; 43 U.S.C. 1068), as

amended, and the Act of May 31, 1962 (76 Stat. 89), or any other

Act authorizing the sale of specific omitted lands.

SEC. 212. [Omitted—Amendment]

SEC. 213. [Omitted—Amendment]

UNINTENTIONAL TRESPASS ACT

SEC. 214. ø43 U.S.C. 1722¿ (a) Notwithstanding the provisions

of the Act of September 26, 1968 (82 Stat. 870; 43 U.S.C. 1431-

1435), hereinafter called the ‘‘1968 Act’’, with respect to applications under the 1968 Act which were pending before the Secretary

as of the effective date of this subsection and which he approves

for sale under the criteria prescribed by the 1968 Act, he shall give

the right of first refusal to those having a preference right under

section 2 of the 1968 Act. The Secretary shall offer such lands to

such preference right holders at their fair market value (exclusive

of any values added to the land by such holders and their predecessors in interest) as determined by the Secretary as of September

26, 1973.

(b) Within three years after the date of approval of this Act,

the Secretary shall notify the filers of applications subject to para-
31–25 Sec. 215 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

graph (a) of this section whether he will offer them the lands applied for and at what price; that is, their fair market value as of

September 26, 1973, excluding any value added to the lands by the

applicants or their predecessors in interest. He will also notify the

President of the Senate and the Speaker of the House of Representatives of the lands which he has determined not to sell pursuant

to paragraph (a) of this section and the reasons therefor. With respect to such lands which the Secretary determined not to sell, he

shall take no other action to convey those lands or interests in

them before the end of ninety days (not counting days on which the

House of Representatives or the Senate has adjourned for more

than three consecutive days) beginning on the date the Secretary

has submitted such notice to the Senate and House of Representatives. If, during that ninety-day period, the Congress adopts a concurrent resolution stating the length of time such suspension of action should continue, he shall continue such suspension for the

specified time period. If the committee to which a resolution has

been referred during the said ninety-day period, has not reported

it at the end of thirty calendar days after its referral, it shall be

in order to either discharge the committee from further consideration of such resolution or to discharge the committee from consideration of any other resolution with respect to the suspension of action. A motion to discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it may

not be made after the committee has reported such a resolution),

and debate thereon shall be limited to not more than one hour, to

be divided equally between those favoring and those opposing the

resolution. An amendment to the motion shall not be in order, and

it shall not be in order to move to reconsider the vote by which the

motion was agreed to or disagreed to. If the motion to discharge is

agreed to or disagreed to, the motion may not be made with respect

to any other resolution with respect to the same suspension of action. When the committee has reprinted, or has been discharged

from further consideration of a resolution, it shall at any time

thereafter be in order (even though a previous motion to the same

effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be highly privileged and

shall not be debatable. An amendment to the motion shall not be

in order, and it shall not be in order to move to reconsider the vote

by which the motion was agreed to or disagreed to.

(c) Within five years after the date of approval of this Act, the

Secretary shall complete the processing of all applications filed

under the 1968 Act and hold sales covering all lands which he has

determined to sell thereunder.

SEC. 215. ø43 U.S.C. 1723¿ (a) When the sole impediment to

consummation of an exchange of lands or interests therein (hereinafter referred to as an exchange) determined to be in the public interest, is the inability of the Secretary of the Interior to revoke,

modify, or terminate part or all of a withdrawal or classification because of the order (or subsequent modification or continuance

thereof) of the United States District Court for the District of Columbia dated February 10, 1986, in Civil Action No. 85–2238 (National Wildlife Federation v. Robert E. Burford, et al.), the Secretary of the Interior is hereby authorized, notwithstanding such

order (or subsequent modification or continuance thereof), to use
Sec. 215 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–26

the authority contained herein, in lieu of other authority provided

in this Act including section 204, to revoke, modify, or terminate

in whole or in part, withdrawals or classifications to the extent

deemed necessary by the Secretary to enable the United States to

transfer land or interests therein out of Federal ownership pursuant to an exchange.

(b) REQUIREMENTS.—The authority specified in subsection (a)

of this section may be exercised only in cases where— (1) a particular exchange is proposed to be carried out pursuant to this Act, as amended, or other applicable law authorizing such an exchange;

(2) the proposed exchange has been prepared in compliance with all laws applicable to such exchange;

(3) the head of each Federal agency managing the lands

proposed for such transfer has submitted to the Secretary of

the Interior a statement of concurrence with the proposed revocation, modification, or termination;

(4) at least sixty days have elapsed since the Secretary of

the Interior has published in the Federal Register a notice of

the proposed revocation, modification, or termination; and

(5) at least sixty days have elapsed since the Secretary of

the Interior has transmitted to the Committee on Natural Resources of the House of Representatives and the Committee on

Energy and Natural Resources of the United States Senate a

report which includes— (A) a justification for the necessity of exercising such

authority in order to complete an exchange;

(B) an explanation of the reasons why the continuation of the withdrawal or a classification or portion thereof proposed for revocation, modification, or termination is

no longer necessary for the purposes of the statutory or

other program or programs for which the withdrawal or

classification was made or other relevant programs;

(C) assurances that all relevant documents concerning

the proposed exchange or purchase for which such authority is proposed to be exercised (including documents related to compliance with the National Environmental Policy Act of 1969 and all other applicable provisions of law)

are available for public inspection in the office of the Secretary concerned located nearest to the lands proposed for

transfer out of Federal ownership in furtherance of such

exchange and that the relevant portions of such documents

are also available in the offices of the Secretary concerned

in Washington, District of Columbia; and

(D) an explanation of the effect of the revocation,

modification, or termination of a withdrawal or classification or portion thereof and the transfer of lands out of Federal ownership pursuant to the particular proposed exchange, on the objectives of the land management plan

which is applicable at the time of such transfer to the land

to be transferred out of Federal ownership.

(c) LIMITATIONS.—(1) Nothing in this section shall be construed

as affirming or denying any of the allegations made by any party

in the civil action specified in subsection (a), or as constituting an

expression of congressional opinion with respect to the merits of
31–27 Sec. 301 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

1 In subsection (c), ‘‘subchapter 3’’ should be ‘‘subchapter III’’.

any allegation, contention, or argument made or issue raised by

any party in such action, or as expanding or diminishing the jurisdiction of the United States District Court for the District of Columbia.

(2) Except as specifically provided in this section, nothing in

this section shall be construed as modifying, terminating, revoking,

or otherwise affecting any provision of law applicable to land exchanges, withdrawals, or classifications.

(3) The availability or exercise of the authority granted in subsection (a) may not be considered by the Secretary of the Interior

in making a determination pursuant to this Act or other applicable

law as to whether or not any proposed exchange is in the public

interest.

(d) TERMINATION.—The authority specified in subsection (a)

shall expire either (1) on December 31, 1990, or (2) when the Court

order (or subsequent modification or continuation thereof) specified

in subsection (a) is no longer in effect, whichever occurs first.

TITLE III—ADMINISTRATION

BLM DIRECTORATE AND FUNCTIONS

SEC. 301. ø43 U.S.C. 1731¿ (a) The Bureau of Land Management established by Reorganization Plan Numbered 3, of 1946 (5

U.S.C. App. 519) shall have as its head a Director. Appointments

to the position of Director shall hereafter be made by the President,

by and with the advice and consent of the Senate. The Director of

the Bureau shall have a broad background and substantial experience in public land and natural resource management. He shall

carry out such functions and shall perform such duties as the Secretary may prescribe with respect to the management of lands and

resources under his jurisdiction according to the applicable provisions of this Act and any other applicable law.

(b) Subject to the discretion granted to him by Reorganization

Plan Numbered 3 of 1950 (43 U.S.C. 1451 note), the Secretary shall

carry out through the Bureau all functions, powers, and duties

vested in him and relating to the administration of laws which, on

the date of enactment of this section, were carried out by him

through the Bureau of Land Management established by section

403 of Reorganization Plan Numbered 3 of 1946. The Bureau shall

administer such laws according to the provisions thereof existing as

of the date of approval of this Act as modified by the provisions of

this Act or by subsequent law.

(c) In addition to the Director, there shall be an Associate Director of the Bureau and so many Assistant Directors, and other

employees, as may be necessary, who shall be appointed by the

Secretary subject to the provisions of title 5, United States Code,

governing appointments in the competitive service, and shall be

paid in accordance with the provisions of chapter 51 and subchapter 3 1 of chapter 53 of such title relating to classification and

General Schedule pay rates.

(d) Nothing in this section shall affect any regulation of the

Secretary with respect to the administration of laws administered

by him through the Bureau on the date of approval of this section.
Sec. 302 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–28

MANAGEMENT OF USE, OCCUPANCY, AND DEVELOPMENT

SEC. 302. ø43 U.S.C. 1732¿ (a) The Secretary shall manage the

public lands under principles of multiple use and sustained yield,

in accordance with the land use plans developed by him under section 202 of this Act when they are available, except that where a

tract of such public public land has been dedicated to specific uses

according to any other provisions of law it shall be managed in accordance with such law.

(b) In managing the public lands, the Secretary shall, subject

to this Act and other applicable law and under such terms and conditions as are consistent with such law, regulate, through easements, permits, leases, licenses, published rules, or other instruments as the Secretary deems appropriate, the use, occupancy, and

development of the public lands, including, but not limited to, longterm leases to permit individuals to utilize public lands for habitation, cultivation, and the development of small trade or manufacturing concerns: Provided, That unless otherwise provided for by

law, the Secretary may permit Federal departments and agencies

to use, occupy, and develop public lands only through rights-of-way

under section 507 of this Act, withdrawals under section 204 of this

Act, and, where the proposed use and development are similar or

closely related to the programs of the Secretary for the public lands

involved, cooperative agreements under subsection (b) of section

307 of this Act: Provided further, That nothing in this Act shall be

construed as authorizing the Secretary concerned to require Federal permits to hunt and fish on public lands or on lands in the

National Forest System and adjacent waters or as enlarging or diminishing the responsibility and authority of the States for management of fish and resident wildlife. However, the Secretary concerned may designate areas of public land and of lands in the National Forest System where, and establish periods when, no hunting or fishing will be permitted for reasons of public safety, administration, or compliance with provisions of applicable law. Except in

emergencies, any regulations of the Secretary concerned relating to

hunting and fishing pursuant to this section shall be put into effect

only after consultation with the appropriate State fish and game

department. Nothing in this Act shall modify or change any provision of Federal law relating to migratory birds, or to endangered

or threatened species. Except as provided in section 314, section

603, and subsection (f) of section 601 of this Act and in the last

sentence of this paragraph, no provision of this section or any other

section of this Act shall in any way amend the Mining Law of 1872

or impair the rights of any locators or claims under that Act, including, but not limited to, rights of ingress and egress. In managing the public lands the Secretary shall, be regulation or otherwise, take any action necessary to prevent unnecessary or undue

degradation of the lands.

(c) The Secretary shall insert in any instrument providing for

the use, occupancy, or development of the public lands a provision

authorizing revocation or suspension, after notice and hearing, of

such instrument upon a final administrative finding of a violation

of any term or condition of the instrument, including, but not limited to, terms and conditions requiring compliance with regulations

under Acts applicable to the public lands and compliance with ap-
31–29 Sec. 302 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

1 In subsection (c), immediately before the first proviso, ‘‘implementation’’ is misspelled as

‘‘implmentation’’.

plicable State or Federal air or water quality standard or

implmentation 1 plan: Provided, That such violation occurred on

public lands covered by such instrument and occurred in connection

with the exercise of rights and privileges granted by it: Provided

further, That the Secretary shall terminate any such suspension no

later than the date upon which he determines the cause of said violation has been rectified: Provided further, That the Secretary may

order an immediate temporary suspension prior to a hearing or

final administrative finding if he determines that such a suspension is necessary to protect health or safety or the environment:

Provided further, where other applicable law contains specific provisions for suspension, revocation, or cancellation of a permit, license, or other authorization to use, occupy, or develop the public

lands, the specific provisions of such law shall prevail.

(d)(1) The Secretary of the Interior, after consultation with the

Governor of Alaska, may issue to the Secretary of Defense or to the

Secretary of a military department within the Department of Defense or to the Commandant of the Coast Guard a nonrenewable

general authorization to utilize public lands in Alaska (other than

within a conservation system unit or the Steese National Conservation Area or the White Mountains National Recreation Area) for

purposes of military maneuvering, military training, or equipment

testing not involving artillery firing, aerial or other gunnery, or

other use of live ammunition or ordnance.

(2) Use of public lands pursuant to a general authorization

under this subsection shall be limited to areas where such use

would not be inconsistent with the plans prepared pursuant to section 202. Each such use shall be subject to a requirement that the

using department shall be responsible for any necessary cleanup

and decontamination of the lands used, and to such other terms

and conditions (including but not limited to restrictions on use of

off-road or all-terrain vehicles) as the Secretary of the Interior may

require to—

(A) minimize adverse impacts on the natural, environmental, scientific, cultural, and other resources and values (including fish and wildlife habitat) of the public lands involved;

and

(B) minimize the period and method of such use and the

interference with or restrictions on other uses of the public

lands involved.

(3)(A) A general authorization issued pursuant to this subsection shall not be for a term of more than three years and shall

be revoked in whole or in part, as the Secretary of the Interior

finds necessary, prior to the end of such term upon a determination

by the Secretary of the Interior that there has been a failure to

comply with its terms and conditions or that activities pursuant to

such an authorization have had or might have a significant adverse

impact on the resources or values of the affected lands.

(B) Each specific use of a particular area of public lands pursuant to a general authorization under this subsection shall be subject to specific authorization by the Secretary and to appropriate
Sec. 303 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–30

terms and conditions, including such as are described in paragraph

(2) of this subsection.

(4) Issuance of a general authorization pursuant to this subsection shall be subject to the provisions of section 202(f) of this

Act, section 810 of the Alaska National Interest Lands Conservation Act, and all other applicable provisions of law. The Secretary

of a military department (or the Commandant of the Coast Guard)

requesting such authorization shall reimburse the Secretary of the

Interior for the costs of implementing this paragraph. An authorization pursuant to this subsection shall not authorize the construction of permanent structures or facilities on the public lands.

(5) To the extent that public safety may require closure to public use of any portion of the public lands covered by an authorization issued pursuant to this subsection, the Secretary of the military department concerned or the Commandant of the Coast Guard

shall take appropriate steps to notify the public concerning such

closure and to provide appropriate warnings of risks to public safety.

(6) For purposes of this subsection, the term ‘‘conservation system unit’’ has the same meaning as specified in section 102 of the

Alaska National Interest Lands Conservation Act.

ENFORCEMENT AUTHORITY

SEC. 303. ø43 U.S.C. 1733¿ (a) The Secretary shall issue regulations necessary to implement the provisions of this Act with respect to the management, use, and protection of the public lands,

including the property located thereon. Any person who knowingly

and willfully violates any such regulation which is lawfully issued

pursuant to this Act shall be fined no more than $1,000 or imprisoned no more than twelve months, or both. Any person charged

with a violation of such regulation may be tried and sentenced by

any United States magistrate designated for that purpose by the

court by which he was appointed, in the same manner and subject

to the same conditions and limitations as provided for in section

3401 of title 18 of the United States Code.

(b) At the request of the Secretary, the Attorney General may

institute a civil action in any United States district court for an injunction or other appropriate order to prevent any person from utilizing public lands in violation of regulations issued by the Secretary under this Act.

(c)(1) When the Secretary determines that assistance is necessary in enforcing Federal laws and regulations relating to the

public lands or their resources he shall offer a contract to appropriate local officials having law enforcement authority within their

respective jurisdictions with the view of achieving maximum feasible reliance upon local law enforcement officials in enforcing such

laws and regulations. The Secretary shall negotiate on reasonable

terms with such officials who have authority to enter into such contracts to enforce such Federal laws and regulations. In the performance of their duties under such contracts such officials and their

agents are authorized to carry firearms; execute and serve any

warrant or other process issued by a court or officer of competent

jurisdiction; make arrests without warrant or process for a misdemeanor he has reasonable grounds to believe is being committed

in his presence or view, or for a felony if he has reasonable grounds
31–31 Sec. 304 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

to believe that the person to be arrested has committed or is committing such felony; search without warrant or process any person,

place, or conveyance according to any Federal law or rule of law;

and seize without warrant or process any evidentiary item as provided by Federal law. The Secretary shall provide such law enforcement training as he deems necessary in order to carry out the contracted for responsibilities. While exercising the powers and authorities provided by such contract pursuant to this section, such

law enforcement officials and their agents shall have all the immunities of Federal law enforcement officials.

(2) The Secretary may authorize Federal personnel or appropriate local officials to carry out his law enforcement responsibilities with respect to the public lands and their resources. Such designated personnel shall receive the training and have the responsibilities and authority provided for in paragraph (1) of this subsection.

(d) In connection with the administration and regulation of the

use and occupancy of the public lands, the Secretary is authorized

to cooperate with the regulatory and law enforcement officials of

any State or political subdivision thereof in the enforcement of the

laws or ordinances of such State or subdivision. Such cooperation

may include reimbursement to a State or its subdivision for expenditures incurred by it in connection with activities which assist

in the administration and regulation of use and occupancy of the

public lands.

(e) Nothing in this section shall prevent the Secretary from

promptly establishing a uniformed desert ranger force in the California Desert Conservation Area established pursuant to section

601 of this Act for the purpose of enforcing Federal laws and regulations relating to the public lands and resources managed by him

in such area. The officers and members of such ranger force shall

have the same responsibilities and authority as provided for in

paragraph (1) of subsection (c) of this section.

(f) Nothing in this Act shall be construed as reducing or limiting the enforcement authority vested in the Secretary by any

other statute.

(g) The use, occupancy, or development of any portion of the

public lands contrary to any regulation of the Secretary or other responsible authority, or contrary to any order issued pursuant to

any such regulation, is unlawful and prohibited.

SERVICE CHARGES, REIMBURSEMENT PAYMENTS, AND EXCESS

PAYMENTS

SEC. 304. ø43 U.S.C. 1734¿ (a) Notwithstanding any other provision of law, the Secretary may establish reasonable filing and

service fees and reasonable charges, and commissions with respect

to applications and other documents relating to the public lands

and may change and abolish such fees, charges, and commissions.

(b) The Secretary is authorized to require a deposit of any payments intended to reimburse the United States for reasonable costs

with respect to applications and other documents relating to such

lands. The moneys received for reasonable costs under this subsection shall be deposited with the Treasury in a special account

and are hereby authorized to be appropriated and made available

until expended. As used in this section ‘‘reasonable costs’’ include,
Sec. 305 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–32

but are not limited to the costs of special studies; environmental

impact statements; monitoring construction, operation, maintenance, and termination of any authorized facility; or other special

activities. In determining whether costs are reasonable under this

section, the Secretary may take into consideration actual costs (exclusive of management overhead), the monetary value of the rights

or privileges sought by the applicant, the efficiency to the government processing involved, that portion of the cost incurred for the

benefit of the general public interest rather than for the exclusive

benefit of the applicant, the public service provided, and other factors relevant to determining the reasonableness of the costs.

(c) In any case where it shall appear to the satisfaction of the

Secretary that any person has made a payment under any statute

relating to the sale, lease, use, or other disposition of public lands

which is not required or is in excess of the amount required by applicable law and the regulations issued by the Secretary, the Secretary, upon application or otherwise, may cause a refund to be

made from applicable funds.

DEPOSITS AND FOREITURES

SEC. 305. ø43 U.S.C. 1735¿ (a) Any moneys received by the

United States as a result of the forfeiture of a bond or other security by a resource developer or purchaser or permittee who does not

fulfill the requirements of his contract or permit or does not comply

with the regulations of the Secretary; or as a result of a compromise or settlement of any claim whether sounding in tort or in

contract involving present or potential damage to the public lands

shall be credited to a separate account in the Treasury and are

hereby authorized to be appropriated and made available, until expended as the Secretary may direct, to cover the cost to the United

States of any improvement, protection, or rehabilitation work on

those public lands which has been rendered necessary by the action

which has led the forfeiture, compromise, or settlement.

(b) Any moneys collected under this Act in connection with

lands adminstered under the Act of August 28, 1937 (50 Stat. 874;

43 U.S.C. 1181a–1181j, shall be expended for the benefit of such

land only.

(c) If any portion of a deposit or amount forfeited under this

Act is found by the Secretary to be in excess of the cost of doing

the work authorized under this Act, the Secretary, upon application

or otherwise, may cause a refund of the amount in excess to be

made from applicable funds.

WORKING CAPITAL FUND

SEC. 306. ø43 U.S.C. 1736¿ (a) There is hereby established a

working capital fund for the management of the public lands. This

fund shall be available without fiscal year limitation for expenses

necessary for furnishing, in accordance with the Federal Property

and Administrative Services Act of 1949 (63 Stat. 377, as amended), and regulations promulgated thereunder, supplies and equipment services in support of Bureau programs, including but not

limited to, the purchase or construction of storage facilities, equipment yards, and related improvements and the purchase, lease, or

rent of motor vehicles, aircraft, heavy equipment, and fire control
31–33 Sec. 307 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

and other resource management equipment within the limitations

set forth in appropriations made to the Secretary for the Bureau.

(b) The initial capital of the fund shall consist of appropriations made for that purpose together with the fair and reasonable

value at the fund’s inception of the inventories, equipment, receivables, and other assets, less the liabilities, transferred to the fund.

The Secretary is authorized the make such subsequent transfers to

the fund as he deems appropriate in connection with the functions

to be carried on through the fund.

(c) The fund shall be credited with payments from appropriations, and funds of the Bureau, other agencies of the Department

of the Interior, other Federal agencies, and other sources, as authorized by law, at rates approximately equal to the cost of furnishing the facilities, supplies, equipment, and services (including

depreciation and accrued annual leave). Such payments may be

made in advance in connection with firm orders, or by way of reimbursement.

(d) There is hereby authorized to be appropriated a sum not to

exceed $3,000,000 as initial capital of the working capital fund.

STUDIES, COOPERATIVE AGREEMENTS, AND CONTRIBUTIONS

SEC. 307. ø43 U.S.C. 1737¿ (a) The Secretary may conduct investigations, studies, and experiments, on his own initiative or in

cooperation with others, involving the management, protection, development, acquisition, and conveying of the public lands.

(b) Subject to the provisions of applicable law, the Secretary

may enter into contracts and cooperative agreements involving the

management, protection, development, and sale of public lands.

(c) The Secretary may accept contributions or donations of

money, services, and property, real, personal, or mixed, for the

management, protection, development, acquisition, and conveying

of the public lands, including the acquisition of rights-of-way for

such purposes. He may accept contributions for cadastral surveying

performed on federally controlled or intermingled lands. Moneys received hereunder shall be credited to a separate account in the

Treasury and are hereby authorized to be appropriated and made

available until expended, as the Secretary may direct, for payment

of expenses incident to the function toward the administration of

which the contributions were made and for refunds to depositors of

amounts contributed by them in specific instances where contributions are in excess of their share of the cost.

(d) The Secretary may recruit, without regard to the civil service classification laws, rules, or regulations, the services of individuals contributed without compensation as volunteers for aiding in

or facilitating the activities administered by the Secretary through

the Bureau of Land Management.

(e) In accepting such services of individuals as volunteers, the

Secretary—

(1) shall not permit the use of volunteers in hazardous

duty or law enforcement work, or in policymaking processes or

to displace any employee; and

(2) may provide for services or costs incidental to the utilization of volunteers, including transportation, supplies, lodging, subsistence, recruiting, training, and supervision.
Sec. 308 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–34

1 In subsection (f)(2) the reference to ‘‘subchapter 1’’ should be ‘‘subchapter I’’.

(f) Volunteers shall not be deemed employees of the United

States except for the purposes of— (1) the tort claims provisions of title 28;

(2) subchapter 1 1 of chapter 81 of title 5; and

(3) claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which case

the provisions of 31 U.S.C. 3721 shall apply.

(g) Effective with fiscal years beginning after September 30,

1984, there are authorized to be appropriated such sums as may

be necessary to carry out the provisions of subsection (d), but not

more than $250,000 may be appropriated for any one fiscal year.

CONTRACTS FOR SURVEYS AND RESOURCE PROTECTION

SEC. 308. ø43 U.S.C. 1738¿ (a) The Secretary is authorized to

enter into contracts for the use of aircraft, and for supplies and

services, prior to the passage of an appropriation therefor, for airborne cadastral survey and resource protection operations of the

Bureau. He may renew such contracts annually, not more than

twice, without additional competition. Such contracts shall obligate

funds for the fiscal years in which the costs are incurred.

(b) Each such contract shall provide that the obligation of the

United States for the ensuing fiscal years is contingent upon the

passage of an applicable appropriation, and that no payment shall

be made under the contract for the ensuing fiscal years until such

appropriation becomes available for expenditure.

ADVISORY COUNCILS AND PUBLIC PARTICIPATION

SEC. 309. ø43 U.S.C. 1739¿ (a) The Secretary shall establish

advisory councils of not less than ten and not more than fifteen

members appointed by him from among persons who are representative of the various major citizens’ interests concerning the problems relating to land use planning or the management of the public

lands located within the area for which an advisory council is established. At least one member of each council shall be an elected

official of general purpose government serving the people of such

area. To the extent practicable there shall be no overlap or duplication of such councils. Appointments shall be made in accordance

with rules prescribed by the Secretary. The establishment and operation of an advisory council established under this section shall

conform to the requirements of the Federal Advisory Committee

Act (86 Stat. 770; 5 U.S.C. App. 1).

(b) Notwithstanding the provisions of subsection (a) of this section, each advisory council established by the Secretary under this

section shall meet at least once a year with such meetings being

called by the Secretary.

(c) Members of advisory councils shall serve without pay, except travel and per diem will be paid each member for meetings

called by the Secretary.

(d) An advisory council may furnish advice to the Secretary

with respect to the land use planning, classification, retention,

management, and disposal of the public lands within the area for

which the advisory council is established and such other matters

as may be referred to it by the Secretary.
31–35 Sec. 312 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(e) In exercising his authorities under this Act, the Secretary,

by regulation, shall establish procedures, including public hearings

where appropriate, to give the Federal, State, and local governments and the public adequate notice and an opportunity to comment upon the formulation of standards and criteria for, and to

participate in, the preparation and execution of plans and programs for, and the management of, the public lands.

RULES AND REGULATIONS

SEC. 310. ø43 U.S.C. 1740¿ The Secretary, with respect to the

public lands, shall promulgate rules and regulations to carry out

the purposes of this Act and of other laws applicable to the public

lands, and the Secretary of Agriculture, with respect to lands within the National Forest System, shall promulgate rules and regulations to carry out the purposes of this Act. The promulgation of

such rules and regulations shall be governed by the provisions of

chapter 5 of title 5 of the United States Code, without regard to

section 553(a)(2). Prior to the promulgation of such rules and regulations, such lands shall be administered under existing rules and

regulations concerning such lands to the extent practical.

PUBLIC LANDS PROGRAM REPORT

SEC. 311. ø43 U.S.C. 1741¿ (a) For the purpose of providing information that will aid Congress in carrying out its oversight responsibilities for public lands programs and for other purposes, the

Secretary shall prepare a report in accordance with subsection (b)

and (c) and submit it to the Congress no later than one hundred

and twenty days after the end of each fiscal year beginning with

the report for fiscal year 1979.

(b) A list of programs and specific information to be included

in the report as well as the format of the report shall be developed

by the Secretary after consulting with the Committee on Natural

Resources of the House of Representatives and the Committee on

Energy and Natural Resources of the Senate and shall be provided

to the committees prior to the end of the second quarter of each

fiscal year.

(c) The report shall include, but not be limited to, program

identification information, program evaluation information, and

program budgetary information for the preceding current and succeeding fiscal years.

SEARCH AND RESCUE

SEC. 312. ø43 U.S.C. 1742¿ Where in his judgment sufficient

search, rescue, and protection forces are not otherwise available,

the Secretary is authorized in cases of emergency to incur such expenses as may be necessary (a) in searching for and rescuing, or

in cooperating in the search for and rescue of, persons lost on the

public lands, (b) in protecting or rescuing, or in cooperating in the

protection and rescue of, persons or animals endangered by an act

of God, and (c) in transporting deceased persons or persons seriously ill or injured to the nearest place where interested parties or

local authorities are located.
Sec. 313 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–36

SUNSHINE IN GOVERNMENT

SEC. 313. ø43 U.S.C. 1743¿ (a) Each officer or employee of the

Secretary and the Bureau who—

(1) performs any function or duty under this Act; and

(2) has any known financial interest in any person who (A)

applies for or receives any permit, lease, or right-of-way under,

or (B) applies for or acquires any land or interests therein

under, or (C) is otherwise subject to the provisions of, this Act,

shall, beginning on February 1, 1977, annually file with the

Secretary a written statement concerning all such interests

held by such officer or employee during the preceding calendar

year. Such statement shall be available to the public.

(b) The Secretary shall—

(1) act within ninety days after the date of enactment of

this Act—

(A) to define the term ‘‘known financial interests’’ for

the purposes of subsection (a) of this section; and

(B) to establish the methods by which the requirement

to file written statements specified in subsection (a) of this

section will be monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements and the review by the Secretary of

such statements; and

(2) report to the Congress on June 1 of each calendar year

with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year.

(c) In the rules prescribed in subsection (b) of this section, the

Secretary may identify specific positions within the Department of

the Interior which are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section.

(d) Any officer or employee who is subject to, and knowingly

violates, this section, shall be fined not more than $2,500 or imprisoned not more than one year, or both.

RECORDATION OF MINING CLAIMS AND ABANDONMENT

SEC. 314. ø43 U.S.C. 1744¿ (a) The owner of an unpatented

lode or placer mining claim located prior to the date of this Act

shall, within the three-year period following the date of the approval of this Act and prior to December 31 of each year thereafter,

file the instruments required by paragraphs (1) and (2) of this subsection. The owner of an unpatented lode or placer mining claim

located after the date of this Act shall, prior to December 31 of

each year following the calendar year in which the said claim was

located, file the instruments required by paragraphs (1) and (2) of

this subsection:

(1) File for record in the office where the location notice or certificate is recorded either a notice of intention to hold the mining

claim (including but not limited to such notices as are provided by

law to be filed when there has been a suspension or deferment of

annual assessment work), an affidavit of assessment work performed thereon, on a detailed report provided by the Act of September 2, 1958 (72 Stat. 1701; 30 U.S.C. 28–1), relating thereto.
31–37 Sec. 315 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(2) File in the office of the Bureau designated by the Secretary

a copy of the official record of the instrument filed or recorded pursuant to paragraph (1) of this subsection, including a description of

the location of the mining claim sufficient to locate the claimed

lands on the ground.

(b) The owner of an unpatented lode or placer mining claim or

mill or tunnel site located prior to the date of approval of this Act

shall, within the three-year period following the date of approval

of this Act, file in the office of the Bureau designated by the Secretary a copy of the official record of the notice of location or certificate of location, including a description of the location of the mining claim or mill or tunnel site sufficient to locate the claimed

lands on the ground. The owner of an unpatented lode or placer

mining claim or mill or tunnel site located after the date of approval of this Act shall, within ninety days after the date of location of such claim, file in the office of the Bureau designated by the

Secretary a copy of the official record of the notice of location or

certificate of location, including a description of the location of the

mining claim or mill or tunnel site sufficient to locate the claimed

lands on the ground.

(c) The failure to file such instruments as required by subsections (a) and (b) shall be deemed conclusively to constitute an

abandonment of the mining claim or mill or tunnel site by the

owner; but it shall not be considered a failure to file if the instrument is defective or not timely filed for record under other Federal

laws permitting filing or recording thereof, or if the instrument is

filed for record by or on behalf of some but not all of the owners

of the mining claim or mill or tunnel site.

(d) Such recordation or application by itself shall not render

valid any claim which would not be otherwise valid under applicable law. Nothing in this section shall be construed as a waiver of

the assessment and other requirements of such law.

RECORDABLE DISCLAIMERS OF INTEREST IN LAND

SEC. 315. ø43 U.S.C. 1745¿ (a) After consulting with any affected Federal agency, the Secretary is authorized to issue a document of disclaimer of interest or interests in any lands in any form

suitable for recordation, where the disclaimer will help remove a

cloud on the title of such lands and where he determines (1) a

record interest of the United States in lands has terminated by operation of law or is otherwise invalid; or (2) the lands lying between the meander line shown on a plat of survey approved by the

Bureau or its predecessors and the actual shoreline of a body of

water are not lands of the United States; or (3) accreted, relicted,

or avulsed lands are not lands of the United States.

(b) No document or disclaimer shall be issued pursuant to this

section unless the applicant therefor has filed with the Secretary

an application in writing and notice of such application setting

forth the grounds supporting such application has been published

in the Federal Register at least ninety days preceding the issuance

of such disclaimer and until the applicant therefor has paid to the

Secretary the administrative costs of issuing the disclaimer as determined by the Secretary. All receipts shall be deposited to the

then-current appropriation from which expended.
Sec. 316 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–38

(c) Issuance of a document of disclaimer by the Secretary pursuant to the provisions of this section and regulations promulgated

hereunder shall have the same effect as a quit-claim deed from the

United States.

CORRECTION OF CONVEYANCE DOCUMENTS

SEC. 316. ø43 U.S.C. 1746¿ The Secretary may correct patents

or documents of conveyance issued pursuant to section 208 of this

Act or to other Acts relating to the disposal of public lands where

necessary in order to eliminate errors. In addition, the Secretary

may make corrections of errors in any documents of conveyance

which have heretofore been issued by the Federal Government to

dispose of public lands.

MINERAL REVENUES

SEC. 317. ø43 U.S.C. 1747¿ (a) [Omitted—Amendment]

(b) Funds now held pursuant to said section 35 by the States

of Colorado and Utah separately from the Department of the Interior oil shale test leases known as C–A; C–B; U–A, and U–B shall

be used by such States and subdivisions as the legislature of each

State may direct giving priority to those subdivisions socially or

economically impacted by the development of minerals leased

under this Act for (1) planning, (2) construction and maintenance

of public facilities, and (3) provision of public services.

(c)(1) The Secretary is authorized to make loans to States and

their political subdivisions in order to relieve social or economic impacts occasioned by the development of minerals leased in such

States pursuant to the Act of February 25, 1920, as amended. Such

loans shall be confined to the uses specified for the 50 per centum

of mineral leasing revenues to be received by such States and subdivisions pursuant to section 35 of such Act.

(2) The total amount of loans outstanding pursuant to this subsection for any State and political subdivisions thereof in any year

shall be not more than the anticipated mineral leasing revenues to

be received by that State pursuant to section 35 of the Act of February 25, 1920, as amended, for the ten years following.

(3) The Secretary, after consultation with the Governors of the

affected States, shall allocate such loans among the States and

their political subdivisions in a fair and equitable manner, giving

priority to those States and subdivisions suffering the most severe

impacts.

(4) Loans made pursuant to this subsection shall be subject to

such terms and conditions as the Secretary determines necessary

to assure the achievement of the purpose of this subsection. The

Secretary shall promulgate such regulations as may be necessary

to carry out the provisions of this subsection no later than three

months after the enactment of this paragraph.

(5) Loans made pursuant to this subsection shall bear interest

equivalent to the lowest interest rate paid on an issue of at least

$1,000,000 of tax exempt bonds of such State or any agency thereof

within the preceding calendar year.

(6) Any loan made pursuant to this subsection shall be secured

only by a pledge of the revenues received by the State or the polit-
31–39 Sec. 318 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

1 In paragraph (8), ‘‘forebearance’’ should be ‘‘forbearance’’.

ical subdivision thereof pursuant to section 35 of the Act of February 25, 1920, as amended, and shall not constitute an obligation

upon the general property or taxing authority of such unit of government.

(7) Notwithstanding any other provision of law, loans made

pursuant to this subsection may be used for the non-Federal share

of the aggregate cost of any project or program otherwise funded

by the Federal Government which requires a non-Federal share for

such project or program and which provides planning or public facilities otherwise eligible for assistance under this subsection.

(8) Nothing in this subsection shall be construed to preclude

any forebearance 1 for the benefit of the borrower including loan restructuring, which may be determined by the Secretary as justified

by the failure of anticipated mineral development or related revenues to materialize as expected when the loan was made pursuant

to this subsection.

(9) Recipients of loans made pursuant to this subsection shall

keep such records as the Secretary shall prescribe by regulation,

including records which fully disclose the disposition of the proceeds of such assistance and such other records as the Secretary

may require to facilitate an effective audit. The Secretary and the

Comptroller General of the United States or their duly authorized

representatives shall have access, for the purpose of audit, to such

records.

(10) No person in the United States shall, on the grounds of

race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or part with

funds made available under this subsection.

(11) All amounts collected in connection with loans made pursuant to this subsection, including interest payments or repayments of principal on loans, fees, and other moneys, derived in connection with this subsection, shall be deposited in the Treasury as

miscellaneous receipts.

APPROPRIATION AUTHORIZATION

SEC. 318. ø43 U.S.C. 1748¿ (a) There are hereby authorized to

be appropriated such sums as are necessary to carry out the purposes and provisions of this Act, but no amounts shall be appropriated to carry out after October 1, 2002, any program, function,

or activity of the Bureau under this or any other Act unless such

sums are specifically authorized to be appropriated as of the date

of approval of this Act or are authorized to be appropriated in accordance with the provisions of subsection (b) of this section.

(b) Consistent with section 607 of the Congressional Budget

Act of 1974, beginning May 15, 1977, and not later than May 15

of each second even numbered year thereafter, the Secretary shall

submit to the Speaker of the House of Representatives and the

President of the Senate a request for the authorization of appropriations for all programs, functions, and activities of the Bureau

to be carried out during the four-fiscal-year period beginning on October 1 of the calendar year following the calendar year in which

such request is submitted. The Secretary shall include in his re-
Sec. 401 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–40

quest, in addition to the information contained in his budget request and justification statement to the Office of Management and

Budget, the funding levels which he determines can be efficiently

and effectively utilized in the execution of his responsibilities for

each such program, function, or activity, notwithstanding any

budget guidelines or limitations imposed by any official or agency

of the executive branch.

(c) Nothing in this section shall apply to the distribution of receipts of the Bureau from the disposal of lands, natural resources,

and interests in lands in accordance with applicable law, nor to the

use of contributed funds, private deposits for public survey work,

and townsite trusteeships, nor to fund allocations from other Federal agencies, reimbursements from both Federal and non-Federal

sources, and funds expended for emergency firefighting and rehabilitation.

(d) In exercising the authority to acquire by purchase granted

by subsection (a) of section 205 of this Act, the Secretary may use

the Land and Water Conservation Fund to purchase lands which

are necessary for proper management of public lands which are primarily of value for outdoor recreation purposes.

TITLE IV—RANGE MANAGEMENT

GRAZING FEES

SEC. 401. ø43 U.S.C. 1751¿ (a) The Secretary of Agriculture

and the Secretary of the Interior shall jointly cause to be conducted

a study to determine the value of grazing on the lands under their

jurisdiction in the eleven Western States with a view to establishing a fee to be charged for domestic livestock grazing on such

lands which is equitable to the United States and to the holders

of grazing permits and leases on such lands. In making such study,

the Secretaries shall take into consideration the costs of production

normally associated with domestic livestock grazing in the eleven

Western States, differences in forage values, and such other factors

as may relate to the reasonableness of such fees. The Secretaries

shall report the result of such study to the Congress not later than

one year from and after the date of approval of this Act, together

with recommendations to implement a reasonable grazing fee

schedule based upon such study. If the report required herein has

not been submitted to the Congress within one year after the date

of approval of this Act, the grazing fee charge then in effect shall

not be altered and shall remain the same until such report has

been submitted to the Congress. Neither Secretary shall increase

the grazing fee in the 1977 grazing year.

(b)(1) Congress finds that a substantial amount of the Federal

range lands is deteriorating in quality, and that installation of additional range improvements could arrest much of the continuing

deterioration and could lead to substantial betterment of forage

conditions with resulting benefits to wildlife, watershed protection,

and livestock production. Congress therefore directs that 50 per

centum or $10,000,000 per annum, whichever is greater of all moneys received by the United States as fees for grazing domestic livestock on public lands (other than from ceded Indian lands) under

the Taylor Grazing Act (48 Stat. 1269; 43 U.S.C. 315 et seq.) and

the Act of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181d), and on
31–41 Sec. 402 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

lands in National Forests in the eleven contiguous Western States

under the provisions of this section shall be credited to a separate

account in the Treasury, one-half of which is authorized to be appropriated and made available for use in the district, region, or national forest from which such moneys were derived, as the respective Secretary may direct after consultation with district, regional,

or national forest user representatives, for the purpose of on-theground range rehabilitation, protection, and improvements on such

lands, and the remaining one-half shall be used for on-the-ground

range rehabilitation, protection, and improvements as the Secretary concerned directs. Any funds so appropriated shall be in addition to any other appropriations made to the respective Secretary

for planning and administration of the range betterment program

and for other range management. Such rehabilitation, protection,

and improvements shall include all forms of range land betterment

including, but not limited to, seeding and reseeding, fence construction, weed control, water development, and fish and wildlife habitat

enhancement as the respective Secretary may direct after consultation with user representatives. The annual distribution and use of

range betterment funds authorized by this paragraph shall not be

considered a major Federal action requiring a detailed statement

pursuant to section 4332(c) of title 42 of the United States Code.

(2) [Omitted—Amendment]

(3) [Omitted—Amendment]

GRAZING LEASES AND PERMITS

SEC. 402. ø43 U.S.C. 1752¿ (a) Except as provided in subsection (b) of this section, permits and leases for domestic livestock

grazing on public lands issued by the Secretary under the Act of

June 28, 1934 (48 Stat. 1269, as amended; 43 U.S.C. 315 et. seq.)

or the Act of August 28, 1937 (50 Stat. 874, as amended; 43 U.S.C.

1181a–1181j), or by the Secretary of Agriculture, with respect to

lands within National Forests in the sixteen contiguous Western

States, shall be for a term of ten years subject to such terms and

conditions the Secretary concerned deems appropriate and consistent with the governing law, including, but not limited to, the

authority of the Secretary concerned to cancel, suspend, or modify

a grazing permit or lease, in whole or in part, pursuant to the

terms and conditions thereof, or to cancel or suspend a grazing permit or lease for any violation of a grazing regulation or of any term

or condition of such grazing permit or lease.

(b) Permits or leases may be issued by the Secretary concerned

for a period shorter than ten years where the Secretary concerned

determines that—

(1) the land is pending disposal; or

(2) the land will be devoted to a public purpose prior to the

end of ten years; or

(3) it will be in the best interest of sound land management to specify a shorter term: Provided, That the absence

from an allotment management plan of details the Secretary

concerned would like to include but which are undeveloped

shall not be the basis for establishing a term shorter than ten

years: Provided further, That the absence of completed land

use plans or court ordered environmental statements shall not

be the sole basis for establishing a term shorter than ten years
Sec. 402 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–42

unless the Secretary determines on a case-by-case basis that

the information to be contained in such land use plan or court

ordered environmental impact statement is necessary to determine whether a shorter term should be established for any of

the reasons set forth in items (1) through (3) of this subsection.

(c) So long as (1) the lands for which the permit or lease is

issued remain available for domestic livestock grazing in accordance with land use plans prepared pursuant to section 202 of this

Act or section 5 of the Forest and Rangeland Renewable Resources

Planning Act of 1974 (88 Stat. 477; 16 U.S.C. 1601), (2) the permittee or lessee is in compliance with the rules and regulations

issued and the terms and conditions in the permit or lease specified

by the Secretary concerned, and (3) the permittee or lessee accepts

the terms and conditions to be included by the Secretary concerned

in the new permit or lease, the holder of the expiring permit or

lease shall be given first priority for receipt of the new permit or

lease.

(d) All permits and leases for domestic livestock grazing issued

pursuant to this section may incorporate an allotment management

plan developed by the Secretary concerned. However, nothing in

this subsection shall be construed to supersede any requirement for

completion of court ordered environmental impact statements prior

to development and incorporation of allotment management plans.

If the Secretary concerned elects to develop an allotment management plan for a given area, he shall do so in careful and considered

consultation, cooperation and coordination with the lessees, permittees, and landowners involved, the district grazing advisory boards

established pursuant to section 403 of the Federal Land Policy and

Management Act (43 U.S.C. 1753), and any State or States having

lands within the area to be covered by such allotment management

plan. Allotment management plans shall be tailored to the specific

range condition of the area to be covered by such plan, and shall

be reviewed on a periodic basis to determine whether they have

been effective in improving the range condition of the lands involved or whether such lands can be better managed under the provisions of subsection (e) of this section. The Secretary concerned

may revise or terminate such plans or develop new plans from time

to time after such review and careful and considered consultation,

cooperation and coordination with the parties involved. As used in

this subsection, the terms ‘‘court ordered environmental impact

statement’’ and ‘‘range condition’’ shall be defined as in the ‘‘Public

Rangelands Improvement Act of 1978.’’ (e) In all cases where the Secretary concerned has not completed an allotment management plan or determines that an allotment management plan is not necessary for management of livestock operations and will not be prepared, the Secretary concerned

shall incorporate in grazing permits and leases such terms and conditions as he deems appropriate for management of the permitted

or leased lands pursuant to applicable law. The Secretary concerned shall also specify therein the numbers of animals to be

grazed and the seasons of use and that he may reexamine the condition of the range at any time and, if he finds on reexamination

that the condition of the range requires adjustment in the amount

or other aspect of grazing use, that the permittee or lessee shall

adjust his use to the extent the Secretary concerned deems nec-
31–43 Sec. 403 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

essary. Such readjustment shall be put into full force and effect on

the date specified by the Secretary concerned.

(f) Allotment management plans shall not refer to livestock operation or range improvements on non-Federal lands except where

the non-Federal lands are intermingled with, or, with the consent

of the permittee or lessee involved, associated with, the Federal

lands subject to the plan. The Secretary concerned under appropriate regulations shall grant to lessees and permittees the right

of appeal from decisions which specify the terms and conditions of

allotment management plans. The preceding sentence of this subsection shall not be construed as limiting any other right of appeal

from decisions on such officials.

(g) Whenever a permit or lease for grazing domestic livestock

is canceled in whole or in part, in order to devote the lands covered

by the permit or lease to another public purpose, including disposal, the permittee or lessee shall receive from the United States

a reasonable compensation for the adjusted value, to be determined

by the Secretary concerned, of his interest in authorized permanent

improvements placed or constructed by the permittee or lessee on

lands covered by such permit or lease, but not to exceed the fair

market value of the terminated portion of the permittee’s or lessee’s interest therein. Except in cases of emergency, no permit or

lease shall be canceled under this subsection without two years’

prior notification.

(h) Nothing in this Act shall be construed as modifying in any

way law existing on the date of approval of this Act with respect

to the creation of right, title, interest or estate in or to public lands

or lands in National Forests by issuance of grazing permits and

leses.

GRAZING ADVISORY BOARDS

SEC. 403. ø43 U.S.C. 1753¿ (a) For each Bureau district office

and National Forest headquarters office in the sixteen contiguous

Western States having jurisdiction over more than five hundred

thousand acres of lands subject to commercial livestock grazing

(hereinafter in this section referred to as ‘‘office’’), the Secretary

and the Secretary of Agriculture, upon the petition of a simple majority of the livestock lessees and permittees under the jurisdiction

of such office, shall establish and maintain at least one grazing advisory board of not more than fifteen advisers.

(b) The function of grazing advisory boards established pursuant to this section shall be to offer advice and make recommendations to the head of the office involved concerning the development

of allotment management plans and the utilization of range-betterment funds.

(c) The number of advisers on each board and the number of

years an adviser may serve shall be determined by the Secretary

concerned in his discretion. Each board shall consist of livestock

representatives who shall be lessees or permittees in the area administered by the office concerned and shall be chosen by the lessees and permittees in the area through an election prescribed by

the Secretary concerned.

(d) Each grazing advisory board shall meet at least once annually.
Sec. 404 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–44

1Paragraph (4) of subsection (a) was amended by section 2401(2) of the Energy Policy Act of

1992 (Public Law 102–486; 106 Stat. 3096). The reference to ‘‘part 1’’ in the paragraph should

be ‘‘part I’’ and the period at the end of the paragraph should not have been added.

(e) Except as may be otherwise provided by this section, the

provisions of the Federal Advisory Committee Act (86 Stat. 770; 5

U.S.C. App. 1) shall apply to grazing advisory boards.

(f) The provisions of this section shall expire December 31,

1985.

MANAGEMENT OF CERTAIN HORSES AND BURROS

SEC. 404. Sections 9 and 10 of the Act of December 15, 1971

(85 Stat. 649, 651; 16 U.S.C. 1331, 1339–1340) are renumbered as

sections 10 and 11, respectively, and the following new section is

inserted after section 8.

‘‘SEC. 9. In administering this Act, the Secretary may use or

contract for the use of helicopters or, for the purpose of transporting captured animals, motor vehicles. Such use shall be undertaken only after a public hearing and under the direct supervision

of the Secretary or of a duly authorized official or employee of the

Department. The provisions of subsection (a) of the Act of September 8, 1959 (73 Stat. 470; 18 U.S.C. 47(a)) shall not be applicable to such use. Such use shall be in accordance with humane procedures prescribed by the Secretary.’’.

TITLE V—RIGHTS-OF-WAY

AUTHORIZATION TO GRANT RIGHTS-OF-WAY

SEC. 501. ø43 U.S.C. 1761¿ (a) The Secretary, with respect to

the public lands (including public lands, as defined in section

103(e) of this Act, which are reserved from entry pursuant to section 24 of the Federal Power Act (16 U.S.C. 818)) and, the Secretary of Agriculture, with respect to lands within the National

Forest System (except in each case land designated as wilderness),

are authorized to grant, issue, or renew rights-of-way over, upon,

under, or through such lands for—

(1) reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other facilities and systems for the impoundment, storage, transportation, or distribution of water;

(2) pipelines and other systems for the transportation or

distribution of liquids and gases, other than water and other

than oil, natural gas, synthetic liquid or gaseous fuels, or any

refined product produced therefrom, and for storage and terminal facilities in connection therewith;

(3) pipelines, slurry and emulsion systems, and conveyor

belts for transportation and distribution of solid materials, and

facilities for the storage of such materials in connection therewith;

(4) systems for generation, transmission, and distribution

of electric energy, except that the applicant shall also comply

with all applicable requirements of the Federal Energy Regulatory Commission under the Federal Power Act, including

part 1 thereof (41 Stat. 1063, 16 U.S.C. 791a–825r).; 1
31–45 Sec. 501 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

1 In subsection (b)(2), the reference to ‘‘right-to-way’’ should be ‘‘right-of-way’’.

(5) systems for transmission or reception of radio, television, telephone, telegraph, and other electronic signals, and

other means of communication;

(6) roads, trails, highways, railroads, canals, tunnels,

tramways, airways, livestock driveways, or other means of

transportation except where such facilities are constructed and

maintained in connection with commercial recreation facilities

on lands in the National Forest System; or

(7) such other necessary transportation or other systems or

facilities which are in the public interest and which require

rights-of-way over, upon, under, or through such lands.

(b)(1) The Secretary concerned shall require, prior to granting,

issuing, or renewing a right-of-way, that the applicant submit and

disclose those plans, contracts, agreements, or other information

reasonably related to the use, or intended use, of the right-of-way,

including its effect on competition, which he deems necessary to a

determination, in accordance with the provisions of this Act, as to

whether a right-of-way shall be granted, issued, or renewed and

the terms and conditions which should be included in the right-ofway.

(2) If the applicant is a partnership, corporation, association, or

other business entity, the Secretary concerned, prior to granting a

right-to-way 1 pursuant to this title, shall require the applicant to

disclose the identity of the participants in the entity, when he

deems it necessary to a determination, in accordance with the provisions of this title, as to whether a right-of-way shall be granted,

issued, or renewed and the terms and conditions which should be

included in the right-of-way. Such disclosures shall include, where

applicable: (A) the name and address of each partner; (B) the name

and address of each shareholder owning 3 per centum or more of

the shares, together with the number and percentage of any class

of voting shares of the entity which such shareholder is authorized

to vote; and (C) the name and address of each affiliate of the entity

together with, in the case of an affiliate controlled by the entity,

the number of shares and the percentage of any class of voting

stock of that affiliate owned, directly or indirectly, by that entity,

and, in the case of an affiliate which controls that entity, the number of shares and the percentage of any class of voting stock of that

entity owned, directly or indirectly, by the affiliate.

(3) The Secretary of Agriculture shall have the authority to administer all rights-of-way granted or issued under authority of previous Acts with respect to lands under the jurisdiction of the Secretary of Agriculture, including rights-of-way granted or issued

pursuant to authority given to the Secretary of the Interior by such

previous Acts.

(c)(1) Upon receipt of a written application pursuant to paragraph (2) of this subsection from an applicant meeting the requirements of this subsection, the Secretary of Agriculture shall issue a

permanent easement, without a requirement for reimbursement,

for a water system as described in subsection (a)(1) of this section,

traversing Federal lands within the National Forest System (‘‘National Forest Lands’’), constructed and in operation or placed into

operation prior to October 21, 1976, if—
Sec. 501 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–46

(A) the traversed National Forest lands are in a State

where the appropriation doctrine governs the ownership of

water rights;

(B) at the time of submission of the application the water

system is used solely for agricultural irrigation or livestock watering purposes;

(C) the use served by the water system is not located solely

on Federal lands;

(D) the originally constructed facilities comprising such

system have been in substantially continuous operation without abandonment;

(E) the applicant has a valid existing right, established

under applicable State law, for water to be conveyed by the

water system;

(F) a recordable survey and other information concerning

the location and characteristics of the system as necessary for

proper management of National Forest lands is provided to the

Secretary of Agriculture by the applicant for the easement; and

(G) the applicant submits such application on or before December 31, 1996.

(2)(A) Nothing in this subsection shall be construed as affecting any grants made by any previous Act. To the extent any such

previous grant of right-of-way is a valid existing right, if shall remain in full force and effect unless an owner thereof notifies the

Secretary of Agriculture that such owner elects to have a water

system on such right-of-way governed by the provisions of this subsection and submits a written application for issuance of an easement pursuant to this subsection, in which case upon the issuance

of an easement pursuant to this subsection such previous grant

shall be deemed to have been relinquished and shall terminate.

(B) Easements issued under the authority of this subsection

shall be fully transferable with all existing conditions and without

the imposition of fees or new conditions or stipulations at the time

of transfer. The holder shall notify the Secretary of Agriculture

within sixty days of any address change of the holder or change in

ownership of the facilities.

(C) Easements issued under the authority of this subsection

shall include all changes or modifications to the original facilities

in existence as of October 21, 1976, the date of enactment of this

Act.

(D) Any future extension or enlargement of facilities after October 21, 1976, shall require the issuance of a separate authorization, not authorized under this subsection.

(3)(A) Except as otherwise provided in this subsection, the Secretary of Agriculture may terminate or suspend an easement

issued pursuant to this subsection in accordance with the procedural and other provisions of section 506 of this Act. An easement

issued pursuant to this subsection shall terminate if the water system for which such easement was issued is used for any purpose

other than agricultural irrigation or livestock watering use. For

purposes of subparagraph (D) of paragraph (1) of this subsection,

non-use of a water system for agricultural irrigation or livestock

watering purposes for any continuous five-year period shall constitute a rebuttable presumption of abandonment of the facilities

comprising such system.
31–47 Sec. 502 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(B) Nothing in this subsection shall be deemed to be an assertion by the United States of any right or claim with regard to the

reservation, acquisition, or use of water. Nothing in this subsection

shall be deemed to confer on the Secretary of Agriculture any

power or authority to regulate or control in any manner the appropriation, diversion, or use of water for any purpose (nor to diminish

any such power or authority of such Secretary under applicable

law) or to require the conveyance or transfer to the United States

of any right or claim to the appropriation, diversion, or use of

water.

(C) Except as otherwise provided in this subsection, all rightsof-way issued pursuant to this subsection are subject to all conditions and requirements of this Act.

(D) In the event a right-of-way issued pursuant to this subsection is allowed to deteriorate to the point of threatening persons

or property and the holder of the right-of-way, after consultation

with the Secretary of Agriculture, refuses to perform the repair and

maintenance necessary to remove the threat to persons or property,

the Secretary shall have the right to undertake such repair and

maintenance on the right-of-way and to assess the holder for the

costs of such repair and maintenance, regardless of whether the

Secretary had required the holder to furnish a bond or other security pursuant to subsection (i) of this section.

(d) With respect to any project or portion thereof that was licensed pursuant to, or granted an exemption from, part I of the

Federal Power Act which is located on lands subject to a reservation under section 24 of the Federal Power Act and which did not

receive a permit, right-of-way or other approval under this section

prior to enactment of this subsection, no such permit, right-of-way,

or other approval shall be required for continued operation, including continued operation pursuant to section 15 of the Federal

Power Act, of such project unless the Commission determines that

such project involves the use of any additional public lands or National Forest lands not subject to such reservation.

COST-SHARE ROAD AUTHORIZATION

SEC. 502. ø43 U.S.C. 1762¿ (a) The Secretary, with respect to

the public lands, is authorized to provide for the acquisition, construction, and maintenance of roads within and near the public

lands in locations and according to specifications which will permit

maximum economy in harvesting timber from such lands tributary

to such roads and at the same time meet the requirements for protection, development, and management of such lands for utilization

of the other resources thereof. Financing of such roads may be accomplished (1) by the Secretary utilizing appropriated funds, (2) by

requirements on purchasers of timber and other products from the

public lands, including provisions for amortization of road costs in

contracts, (3) by cooperative financing with other public agencies

and with private agencies or persons, or (4) by a combination of

these methods: Provided, That, where roads of a higher standard

than that needed in the harvesting and removal of the timber and

other products covered by the particular sale are to be constructed,

the purchaser of timber and other products from public lands shall

not, except when the provisions of the second proviso of this subsection apply, be required to bear that part of the costs necessary
Sec. 503 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–48

to meet such higher standard, and the Secretary is authorized to

make such arrangements to this end as may be appropriate: Provided, further, That when timber is offered with the condition that

the purchaser thereof will build a road or roads in accordance with

standards specified in the offer, the purchaser of the timber will be

responsible for paying the full costs of construction of such roads.

(b) Copies of all instruments affecting permanent interests in

land executed pursuant to this section shall be recorded in each

county where the lands are located.

(c) The Secretary may require the user or users of a road, trail,

land, or other facility administered by him through the Bureau, including purchasers of Government timber and other products, to

maintain such facilities in a satisfactory condition commensurate

with the particular use requirements of each. Such maintenance to

be borne by each user shall be proportionate to total use. The Secretary may also require the user or users of such a facility to reconstruct the same when such reconstruction is determined to be necessary to accommodate such use. If such maintenance or reconstruction cannot be so provided or if the Secretary determines that

maintenance or reconstruction by a user would not be practical,

then the Secretary may require that sufficient funds be deposited

by the user to provide his portion of such total maintenance or reconstruction. Deposits made to cover the maintenance or reconstruction of roads are hereby made available until expended to

cover the cost to the United States of accomplishing the purposes

for which deposited: Provided, That deposits received for work on

adjacent and overlapping areas may be combined when it is the

most practicable and efficient manner of performing the work, and

cost thereof may be determined by estimates: And provided further,

That unexpended balances upon accomplishment of the purpose for

which deposited shall be transferred to miscellaneous receipts or

refunded.

(d) Whenever the agreement under which the United States

has obtained for the use of, or in connection with, the public lands

a right-of-way or easement for a road or an existing road or the

right to use an existing road provides for delayed payments to the

Government’s grantor, any fees or other collections received by the

Secretary for the use of the road may be placed in a fund to be

available for making payments to the grantor.

RIGHT-OF-WAY CORRIDORS

SEC. 503. ø43 U.S.C. 1763¿ In order to minimize adverse environmental impacts and the proliferation of separate rights-of-way,

the utilization of rights-of-way in common shall be required to the

extent practical, and each right-of-way or permit shall reserve to

the Secretary concerned the right to grant additional rights-of-way

or permits for compatible uses on or adjacent to rights-of-way

granted pursuant to this Act. In designating right-of-way corridors

and in determining whether to require that rights-of-way be confined to them the Secretary concerned shall take into consideration

national and State land use policies, environmental quality, economic efficiency, national security, safety, and good engineering

and technological practices. The Secretary concerned shall issue

regulations containing the criteria and procedures he will use in

designating such corridors. Any existing transportation and utility
31–49 Sec. 504 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

1Two periods appear at the end of subsection (f).

corridors may be designated as transportation and utility corridors

pursuant to this subsection without further review.

GENERAL PROVISIONS

SEC. 504. ø43 U.S.C. 1764¿ (a) The Secretary concerned shall

specify the boundaries of each right-of-way as precisely as in practical. Each right-of-way shall be limited to the ground which the

Secretary concerned determines (1) will be occupied by facilities

which constitute the project for which the right-of-way is granted,

issued, or renewed, (2) to be necessary for the operation or maintenance of the project, (3) to be necessary to protect the public safety,

and (4) will do no unnecessary damage to the environment. The

Secretary concerned may authorize the temporary use of such additional lands as he determines to be reasonably necessary for the

construction, operation, maintenance, or termination of the project

or a portion thereof, or for access thereto.

(b) Each right-of-way or permit granted, issued, or renewed

pursuant to this section shall be limited to a reasonable term in

light of all circumstances concerning the project. In determining

the duration of a right-of-way the Secretary concerned shall, among

other things, take into consideration the cost of the facility, its useful life, an any public purpose it serves. The right-of-way shall

specify whether it is or is not renewable and the terms and conditions applicable to the renewal.

(c) Rights-of-way shall be granted, issued, or renewed pursuant

to this title under such regulations or stipulations, consistent with

the provisions of this title or any other applicable law, and shall

also be subject to such terms and conditions as the Secretary concerned may prescribe regarding extent, duration, survey, location,

construction, maintenance, transfer or assignment, and termination.

(d) The Secretary concerned prior to granting or issuing a

right-of-way pursuant to this title for a new project which may

have a significant impact on the environment, shall require the applicant to submit a plan of construction, operation, and rehabilitation for such right-of-way which shall comply with stipulations or

with regulations issued by that Secretary, including the terms and

conditions required under section 505 of this Act.

(e) The Secretary concerned shall issue regulations with respect to the terms and conditions that will be included in rightsof-way pursuant to section 505 of this title. Such regulations shall

be regularly revised as needed. Such regulations shall be applicable

to every right-of-way granted or issued pursuant to this title and

to any subsequent renewal thereof, and may be applicable to

rights-of-way not granted or issued, but renewed pursuant to this

title.

(f) Mineral and vegetative materials, including timber, within

or without a right-of-way, may be used or disposed of in connection

with construction or other purposes only if authorization to remove

or use such materials has been obtained pursuant to applicable

laws or for emergency repair work necessary for those rights-of-way

authorized under section 501(c) of this Act..1
Sec. 504 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–50

(g) The holder of a right-of-way shall pay in advance the fair

market value thereof, as determined by the Secretary granting,

issuing, or renewing such right-of-way. The Secretary concerned

may require either annual payment or a payment covering more

than one year at a time except that private individuals may make

at their option either annual payments or payments covering more

than one year if the annual fee is greater than one hundred dollars. The Secretary concerned may waive rentals where a right-ofway is granted, issued or renewed in consideration of a right-ofway conveyed to the United States in connection with a cooperative

cost share program between the United States and the holder. The

Secretary concerned may, by regulation or prior to promulgation of

such regulations, as a condition of a right-of-way, require an applicant for or holder of a right-of-way to reimburse the United States

for all reasonable administrative and other costs incurred in processing an application for such right-of-way and in inspection and

monitoring of construction, operation, and termination of the facility pursuant to such right-of-way: Provided, however, That the Secretary concerned need not secure reimbursement in any situation

where there is in existence a cooperative cost share right-of-way

program between the United States and the holder of a right-ofway. Rights-of-way may be granted, issued, or renewed to a Federal, State, or local government or any agency or instrumentality

thereof, to nonprofit associations or nonprofit corporations which

are not themselves controlled or owned by profitmaking corporations or business enterprises, or to a holder where he provides

without or at reduced charges a valuable benefit to the public or

to the programs of the Secretary concerned, or to a holder in connection with the authorized use or occupancy of Federal land for

which the United States is already receiving compensation for such

lesser charge, including free use as the Secretary concerned finds

equitable and in the public interest. Such rights-of-way issued at

less than fair market value are not assignable except with the approval of the Secretary issuing the right-of-way. The moneys received for reimbursement of reasonable costs shall be deposited

with the Treasury in a special account and are hereby authorized

to be appropriated and made available until expended. Rights-ofway shall be granted, issued, or renewed, without rental fees, for

electric or telephone facilities eligible for financing pursuant to the

Rural Electrification Act of 1936, as amended, determined without

regard to any application requirement under that Act, or any extensions from such facilities: Provided, That nothing in this sentence shall be construed to affect the authority of the Secretary

granting, issuing, or renewing the right-of-way to require reimbursement of reasonable administrative and other costs pursuant

to the second sentence of this subsection.

(h)(1) The Secretary concerned shall promulgate regulations

specifying the extent to which holders of rights-of-ways under this

title shall be liable to the United States for damage or injury incurred by the United States caused by the use and occupancy of

the rights-of-way. The regulations shall also specify the extent to

which such holders shall indemnify or hold harmless the United

States for liabilities, damages, or claims caused by their use and

occupancy of the rights-of-way.
31–51 Sec. 506 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

1 In section 506, ‘‘and, and’’ should be changed.

(2) Any regulation or stipulation imposing liability without

fault shall include a maximum limitation on damages commensurate with the foreseeable risks or hazards presented. Any liability

for damage or injury in excess of this amount shall be determined

by ordinary rules of negligence.

(i) Where he deems it appropriate, the Secretary concerned

may require a holder of a right-of-way to furnish a bond, or other

security, satisfactory to him to secure all or any of the obligations

imposed by the terms and conditions of the right-of-way or by any

rule or regulation of the Secretary concerned.

(j) The Secretary concerned shall grant, issue, or renew a rightof-way under this title only when he is satisfied that the applicant

has the technical and financial capability to construct the project

for which the right-of-way is requested, and in accord with the requirements of this title.

TERMS AND CONDITIONS

SEC. 505. ø43 U.S.C. 1765¿ Each right-of-way shall contain— (a) terms and conditions which will (i) carry out the purposes of this Act and rules and regulations issued thereunder;

(ii) minimize damage to scenic and esthetic values and fish and

wildlife habitat and otherwise protect the environment; (iii) require compliance with applicable air and water quality standards established by or pursuant to applicable Federal or State

law; and (iv) require compliance with State standards for public health and safety, environmental protection, and siting, construction, operation, and maintenance of or for rights-of-way

for similar purposes if those standards are more stringent than

applicable Federal standards; and

(b) such terms and conditions as the Secretary concerned

deems necessary to (i) protect Federal property and economic

interests; (ii) manage efficiently the lands which are subject to

the right-of-way or adjacent thereto and protect the other lawful users of the lands adjacent to or traversed by such rightof-way; (iii) protect lives and property; (iv) protect the interests

of individuals living in the general area traversed by the rightof-way who rely on the fish, wildlife, and other biotic resources

of the area for subsistence purposes; (v) require location of the

right-of-way along a route that will cause least damage to the

environment, taking into consideration feasibility and other

relevant factors; and (vi) otherwise protect the public interest

in the lands traversed by the right-of-way or adjacent thereto.

SUSPENSION OR TERMINATION OF RIGHTS-OF-WAY

SEC. 506. ø43 U.S.C. 1766¿ Abandonment of a right-of-way or

noncompliance with any provision of this title, condition of the

right-of-way or applicable rule or regulation of the Secretary concerned may be grounds for suspension or termination of the rightof-way if, after due notice to the holder of the right-of-way and,

and 1 with respect to easements, an appropriate administrative proceeding pursuant to section 554 of title 5 of the United States

Code, the Secretary concerned determines that any such ground exists and that suspension or termination is justified. No administra-
Sec. 507 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–52

tive proceeding shall be required where the right-of-way by its

terms provides that it terminates on the occurrence of a fixed or

agreed-upon condition, event, or time. If the Secretary concerned

determines that an immediate temporary suspension of activities

within a right-of-way for violation of its terms and conditions is

necessary to protect pubic health or safety or the environment, he

may abate such activities prior to an administrative proceeding.

Prior to commencing any proceeding to suspend or terminate a

right-of-way the Secretary concerned shall give written notice to

the holder of the grounds for such action and shall give the holder

a reasonable time to resume use of the right-of-way or to comply

with this title, condition, rule, or regulation as the case may be.

Failure of the holder of the right-of-way to use the right-of-way for

the purpose for which it was granted, issued, or renewed, for any

continuous five-year period, shall constitute a rebuttable presumption of abandonment of the right-of-way, except that where the failure of the holder to use the right-of-way for the purpose for which

it was granted, issued, or renewed for any continuous five-year period is due to circumstances not within the holder’s control, the

Secretary concerned is not required to commence proceedings to

suspend or terminate the right-of-way.

RIGHTS-OF-WAY FOR FEDERAL AGENCIES

SEC. 507. ø43 U.S.C. 1767¿ (a) The Secretary concerned may

provide under applicable provisions of this title for the use of any

department or agency of the United States a right-of-way over,

upon, under or through the land administered by him, subject to

such terms and conditions as he may impose.

(b) Where a right-of-way has been reserved for the use of any

department of agency of the United States, the Secretary shall take

no action to terminate, or otherwise limit, that use without the consent of the head of such department or agency.

CONVEYANCE OF LANDS

SEC. 508. ø43 U.S.C. 1768¿ If under applicable law the Secretary concerned decides to transfer out of Federal ownership any

lands covered in whole or in part by a right-of-way, including a

right-of-way granted under the Act of November 16, 1973 (87 Stat.

576; 30 U.S.C. 185), the lands may be conveyed subject to the

right-of-way; however, if the Secretary concerned determines that

retention of Federal control over the right-of-way is necessary to

assure that the purposes of this title will be carried out, the terms

and conditions of the right-of-way complied with, or the lands protected, he shall (a) reserve to the United States that portion of the

lands which lies within the boundaries of the right-of-way, or (b)

convey the lands, including that portion within the boundaries of

the right-of-way, subject to the right-of-way and reserving to the

United States the right to enforce all or any of the terms and conditions of the right-of-way, including the right to renew it or extend

it upon its termination and to collect rents.

EXISTING RIGHTS-OF-WAY

SEC. 509. ø43 U.S.C. 1769¿ (a) Nothing in this title shall have

the effect of terminating any right-of-way or right-of-use heretofore
31–53 Sec. 510 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

issued, granted, or permitted. However, with the consent of the

holder thereof, the Secretary concerned may cancel such a right-ofway or right-of-use and in its stead issue a right-of-way pursuant

to the provisions of this title.

(b) When the Secretary concerned issues a right-of-way under

this title for a railroad and appurtenant communication facilities in

connection with a realinement of a railroad on lands under his jurisdiction by virtue of a right-of-way granted by the United States,

he may, when he considers it to be in the public interest and the

lands involved are not within an incorporated community and are

of approximately equal value, notwithstanding the provisions of

this title, provide in the new right-of-way the same terms and conditions as applied to the portion of the existing right-of-way relinquished to the United States with respect to the payment of annual

rental, duration of the right-of-way, and the nature of the interest

in lands granted. The Secretary concerned or his delegate shall

take final action upon all applications for the grant, issue, or renewal of rights-of-way under subsection (6) of this section no later

than six months after receipt from the applicant of all information

required from the applicant by this title.

EFFECT ON OTHER LAWS

SEC. 510. ø43 U.S.C. 1770¿ (a) Effective on and after the date

of approval of this Act, no right-of-way for the purposes listed in

this title shall be granted, issued, or renewed over, upon, under, or

through such lands except under and subject to the provisions, limitations, and conditions of this title: Provided, That nothing in this

title shall be construed as affecting or modifying the provisions of

the Act of October 13, 1964 (78 Stat. 1089; 16 U.S.C. 532–538) and

in the event of conflict with, or inconsistency between, this title

and the Act of October 13, 1964, the latter shall prevail: Provided

further, That nothing in this Act should be construed as making it

mandatory that, with respect to forest roads, the Secretary of Agriculture limit rights-of-way grants or their term of years or require

disclosure pursuant to Section 501(b) or impose any other condition

contemplated by this Act that is contrary to present practices of

that Secretary under the Act of October 13, 1964. Any pending application for a right-of-way under any other law on the effective

date of this section shall be considered as an application under this

title. The Secretary concerned may require the applicant to submit

any additional information he deems necessary to comply with the

requirements of this title.

(b) Nothing in this title shall be construed to preclude to use

of lands covered by this title for highway purposes pursuant to sections 107 and 317 of title 23 of the United States Code.

(c)(1) Nothing in this title shall be construed as exempting any

holder of a right-of-way issued under this title from any provision

of the antitrust laws of the United States.

(2) For the purposes of this subsection, the term ‘‘antitrust

laws’’ includes the Act of July 2, 1890 (26 Stat. 15 U.S.C. 1 et seq.);

the Act of October 15, 1914 (38 Stat. 730, 15 U.S.C. 12 et seq.); the

Federal Trade Commission Act (38 Stat. 717; 15 U.S.C. 41 et seq.);

and sections 73 and 74 of the Act of August 27, 1894.
Sec. 511 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–54

1 In subsection (a)(4), ‘‘sustained yield management plant’’ should be ‘‘sustained yield management plan’’.

COORDINATION OF APPLICATIONS

SEC. 511. ø43 U.S.C. 1771¿ Applicants before Federal departments and agencies other than the Department of the Interior or

Agriculture seeking a license, certificate, or other authority for a

project which involve a right-of-way over, upon, under, or through

public land or National Forest System lands must simultaneously

apply to the Secretary concerned for the appropriate authority to

use public lands or National Forest System lands and submit to the

Secretary concerned all information furnished to the other Federal

departmental or agency.

TITLE VI—DESIGNATED MANAGEMENT AREAS

CALIFORNIA DESERT CONSERVATION AREA

SEC. 601. ø43 U.S.C. 1781¿ (a) The Congress finds that—

(1) the California desert contains historical, scenic, archeological, environmental, biological, cultural, scientific, educational, recreational, and economic resources that are uniquely located adjacent to an area of large population;

(2) the California desert environment is a total ecosystem

that is extremely fragile, easily scarred, and slowly healed;

(3) the California desert environment and its resources, including certain rare and endangered species of wildlife, plants,

and fishes, and numerous archeological and historic sites, are

seriously threatened by air pollution, inadequate Federal management authority, and pressures of increased use, particularly

recreational use, which are certain to intensify because of the

rapidly growing population of southern California;

(4) the use of all California desert resources can and

should be provided for in a multiple use and sustained yield

management plant 1 to conserve these resources for future generations, and to provide present and future use and enjoyment,

particularly outdoor recreation uses, including the use, where

appropriate, of offroad recreational vehicles;

(5) the Secretary has initiated a comprehensive planning

process and established an interim management program for

the public lands in the California desert; and

(6) to insure further study of the relationship of man and

the California desert environment, preserve the unique and irreplaceable resources, including archeological values, and conserve the use of the economic resources of the California

desert, the public must be provided more opportunity to participate in such planning and management, and additional

management authority must be provided to the Secretary to facilitate effective implementation of such planning and management.

(b) It is the purpose of this section to provide for the immediate

and future protection and administration of the public lands in the

California desert within the framework of a program of multiple

use and sustained yield, and the maintenance of environmental

quality.
31–55 Sec. 601 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(c)(1) For the purpose of this section, the term ‘‘California

desert’’ means the area generally depicted on a map entitled ‘‘California Desert Conservation Area—Proposed’’ dated April 1974, and

described as provided in subsection (c)(2).

(2) As soon as practicable after the date of approval of this Act,

the Secretary shall file a revised map and a legal description of the

California Desert Conservation Area with the Committees on Interior and Insular Affairs of the United States Senate and the House

of Representatives, and such map and description shall have the

same force and effect as if included in this Act. Correction of clerical and typographical errors in such legal description and a map

may be made by the Secretary. To the extent practicable, the Secretary shall make such legal description and map available to the

public promptly upon request.

(d) The Secretary, in accordance with section 202 of this Act,

shall prepare and implement a comprehensive, long-range plan for

the management, use, development, and protection of the public

lands within the California Desert Conservation Area. Such plan

shall take into account the principles of multiple use and sustained

yield in providing for resource use and development, including, but

not limited to, maintenance of environmental quality, rights-ofway, and mineral development. Such plan shall be completed and

implementation thereof initiated on or before September 30, 1980.

(e) During the period beginning on the date of approval of this

Act and ending on the effective date of implementation of the comprehensive, long-range plan, the Secretary shall execute an interim

program to manage, use, and protect the public lands, and their resources now in danger of destruction, in the California Desert Conservation Area, to provide for the pubic use of such lands in an orderly and reasonable manner such as through the development of

campgrounds and visitor centers, and to provide for a uniformed

desert ranger force.

(f) Subject to valid existing rights, nothing in this Act shall affect the applicability of the United States mining laws on the public lands within the California Desert Conservation Area, except

that all mining claims located on public lands within the California

Desert Conservation Area shall be subject to such reasonable regulations as the Secretary may prescribe to effectuate the purposes

of this section. Any patent issued on any such mining claim shall

recite this limitation and continue to be subject to such regulations.

Such regulations shall provide for such measures as may be reasonable to protect the scenic, scientific, and environmental values

of the public lands of the California Desert Conservation Area

against undue impairment, and to assure against pollution of the

streams and waters within the California Desert Conservation

Area.

(g)(1) The Secretary, within sixty days after the date of approval of this Act, shall establish a California Desert Conservation

Area Advisory Committee (hereinafter referred to as ‘‘advisory committee’’) in accordance with the provisions of section 309 of this

Act.

(2) It shall be the function of the advisory committee to advise

the Secretary with respect to the preparation and implementation

of the comprehensive, long-range plan required under subsection

(d) of this section.
Sec. 603 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–56

1With regard to subsection (a), title I of Public Law 102–154, 105 Stat. 1000, provides that

the Geological Survey (43 U.S.C. 31(a)) shall hereafter be designated the United States Geological Survey. 2With regard to subsection (a), section 10(b) of the National Geologic Mapping Act of 1992

(Public Law 102–285; 106 Stat. 172), provides the Bureau of Mines shall hereafter be known

as the United States Bureau of Mines.

(h) The Secretary of Agriculture and the Secretary of Defense

shall manage lands within their respective jurisdictions located in

or adjacent to the California Desert Conservation Area, in accordance with the laws relating to such lands and wherever practicable,

in a manner consonant with the purpose of this section. The Secretary, the Secretary of Agriculture, and the Secretary of Defense

are authorized and directed to consult among themselves and take

cooperative actions to carry out the provisions of this subsection,

including a program of law enforcement in accordance with applicable authorities to protect the archeological and other values of the

California Desert Conservation Area and adjacent lands.

(i) The Secretary shall report to the Congress no later than two

years after the date of approval of this Act, and annually thereafter, on the progress in, and any problems concerning, the implementation of this section, together with any recommendations,

which he may deem necessary, to remedy such problems.

(j) There are authorized to be appropriated for fiscal years

1977 through 1981 not to exceed $40,000,000 for the purpose of

this section, such amount to remain available until expended.

SEC. 602. [Omitted—Amendment]

BUREAU OF LAND MANAGEMENT WILDERNESS STUDY

SEC. 603. ø43 U.S.C. 1782¿ (a) Within fifteen years after the

date of approval of this Act, the Secretary shall review those

roadless areas of five thousand acres or more and roadless islands

of the public lands, identified during the inventory required by section 201(a) of this Act as having wilderness characteristics described in the Wilderness Act of September 3, 1964 (78 Stat. 890;

16 U.S.C. 1131 et seq.) and shall from time to time report to the

President his recommendation as to the suitability or nonsuitability of each such area or island for preservation as wilderness:

Provided, That prior to any recommendations for the designation of

an area as wilderness the Secretary shall cause mineral surveys to

be conducted by the Geological Survey 1 and the Bureau of Mines 2

to determine the mineral values, if any, that may be present in

such areas: Provided further, That the Secretary shall report to the

President by July 1, 1980, his recommendations on those areas

which the Secretary has prior to November 1, 1975, formally identified as natural or primitive areas. The review required by this subsection shall be conducted in accordance with the procedure specified in section 3(d) of the Wilderness Act.

(b) The President shall advise the President of the Senate and

the Speaker of the House of Representatives of his recommendations with respect to designation as wilderness of each such area,

together with a map thereof and a definition of its boundaries.

Such advice by the President shall be given within two years of the

receipt of each report from the Secretary. A recommendation of the
31–57 Sec. 701 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

President for designation as wilderness shall become effective only

if so provided by an Act of Congress.

(c) During the period of review of such areas and until Congress has determined otherwise, the Secretary shall continue to

manage such lands according to his authority under this Act and

other applicable law in a manner so as not to impair the suitability

of such areas for preservation as wilderness, subject, however, to

the continuation of existing mining and grazing uses and mineral

leasing in the manner and degree in which the same was being

conducted on the date of approval of this Act: Provided, That, in

managing the public lands the Secretary shall by regulation or otherwise take any action required to prevent unnecessary or undue

degradation of the lands and their resources or to afford environmental protection. Unless previously withdrawn from appropriation

under the mining laws, such lands shall continue to be subject to

such appropriation during the period of review unless withdrawn

by the Secretary under the procedures of section 204 of this Act for

reasons other than preservation of their wilderness character. Once

an area has been designated for preservation as wilderness, the

provisions of the Wilderness Act which apply to national forest wilderness areas shall apply with respect to the administration and

use of such designated area, including mineral surveys required by

section 4(d)(2) of the Wilderness Act, and mineral development, access, exchange of lands, and ingress and egress for mining claimants and occupants.

TITLE VII—EFFECT ON EXISTING RIGHTS; REPEAL OF

EXISTING LAWS; SEVERABILITY

EFFECT ON EXISTING RIGHTS

SEC. 701. ø43 U.S.C. 1701 note¿ (a) Nothing in this Act, or in

any amendment made by this Act, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land

use right or authorization existing on the date of approval of this

Act.

(b) Notwithstanding any provision of this Act, in the event of

conflict with or inconsistency between this Act and the Acts of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a–1181j), and May 24,

1939 (53 Stat. 753), insofar as they relate to management of timber

resources, and disposition of revenues from lands and resources,

the latter Acts shall prevail.

(c) All withdrawals, reservations, classifications, and designations in effect as of the date of approval of this Act shall remain

in full force and effect until modified under the provisions of this

Act or other applicable law.

(d) Nothing in this Act, or in any amendments made by this

Act, shall be construed as permitting any person to place, or allow

to be placed, spent oil shale, overburden, or byproducts from the recovery of other minerals found with oil shale, on any Federal land

other than Federal land which has been leased for the recovery of

shale oil under the Act of February 25, 1920 (41 Stat. 437, as

amended; 30 U.S.C. 181 et seq.).

(e) Nothing in this Act shall be construed as modifying, revoking, or changing any provision of the Alaska Native Claims Settlement Act (85 Stat. 688, as amended; 43 U.S.C. 1601 et seq.).
Sec. 702 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–58

1 An ‘‘or’’ should appear at the end of paragraph (5).

(f) Nothing in this Act shall be deemed to repeal any existing

law by implication.

(g) Nothing in this Act shall be construed as limiting or restricting the power and authority of the United States or— (1) as affecting in any way any law governing appropriation or use of, or Federal right to, water on public lands;

(2) as expanding or diminishing Federal or State jurisdiction, responsibility, interests, or rights in water resources development or control;

(3) as displacing, superseding, limiting, or modifying any

interstate compact or the jurisdiction or responsibility of any

legally established joint or common agency of two or more

States or of two or more States and the Federal Government;

(4) as superseding, modifying, or repealing, except as specifically set forth in this Act, existing laws applicable to the

various Federal agencies which are authorized to develop or

participate in the development of water resources or to exercise

licensing or regulatory functions in relation thereto;

(5) as modifying the terms of any interstate compact; 1

(6) as a limitation upon any State criminal statute or upon

the police power of the respective States, or as derogating the

authority of a local police officer in the performance of his duties, or as depriving any State or political subdivision thereof

of any right it may have to exercise civil and criminal jurisdiction on the national resource lands; or as amending, limiting,

or infringing the existing laws providing grants of lands to the

States.

(h) All actions by the Secretary concerned under this Act shall

be subject to valid existing rights.

(i) The adequacy of reports required by this Act to be submitted to the Congress or its committees shall not be subject to judicial review.

(j) Nothing in this act shall be construed as affecting the distribution of livestock grazing revenues to local governments under

the Granger-Thye Act (64 Stat. 85, 16 U.S.C. 580h), under the Act

of May 23, 1908 (35 Stat. 260, as amended; 16 U.S.C. 500), under

the Act of March 4, 1913 (37 Stat. 843, as amended; 16 U.S.C. 501),

and under the Act of June 20, 1910 (36 Stat. 557).

REPEAL OF LAWS RELATING TO HOMESTEADING AND SMALL TRACTS

SEC. 702. Effective on and after the date of approval of this

Act, the following statutes or parts of statutes are repealed except

the effective date shall be on and after the tenth anniversary of the

date of approval of this Act insofar as the listed homestead laws

apply to public lands in Alaska:

Act of Chapter Section Statute at

Large 43 U.S. Code

1. Homesteads:

Revised Statute 2289 ...................... ......................... ......................... ......................... 161,171.

Mar. 3, 1891 ..................................... 561 ................. 5 ..................... 26: 1097 ......... 161,162.

Revised Statute 2290 ...................... ......................... ......................... ......................... 162.

Revised Statute 2295 ...................... ......................... ......................... ......................... 163.

Revised Statute 2291 ...................... ......................... ......................... ......................... 164.

June 6, 1912 .................................... 153 ................. ......................... 37: 123 ........... 164, 169, 218.
31–59 Sec. 702 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Act of Chapter Section Statute at

Large 43 U.S. Code

May 14, 1880 ................................... 89 ................... ......................... 21: 141 ........... 166, 185, 202, 223. June 6, 1900 .................................... 821 ................. ......................... 31: 683 ........... 166, 223.

Aug. 9, 1912 ..................................... 280 ................. ......................... 37: 267 ...........

Apr. 6, 1914 ..................................... 51 ................... ......................... 38: 312 ........... 167.

Mar. 1, 1921 ..................................... 90 ................... ......................... 41: 1193 .........

Oct. 17, 1914 .................................... 325 ................. ......................... 38: 740 ........... 168.

Revised Statute 2297 ...................... ......................... ......................... ......................... 169.

Mar. 31, 1881 ................................... 153 ................. ......................... 21: 511 ...........

Oct. 22, 1914 .................................... 335 ................. ......................... 38: 766 ........... 170.

Revised Statute 2292 ...................... ......................... ......................... ......................... 171.

June 8, 1880 .................................... 136 ................. ......................... 21: 166 ........... 172.

Revised Statute 2301 ...................... ......................... ......................... ......................... 173.

Mar. 3, 1891 ..................................... 561 ................. 6 ..................... 26: 1098 .........

June 3, 1896 .................................... 312 ................. 2 ..................... 29: 197 ...........

Revised Statute 2288 ...................... ......................... ......................... ......................... 174.

Mar. 3, 1891 ..................................... 561 ................. 3 ..................... 26: 1097 .........

Mar. 3, 1905 ..................................... 1424 ............... ......................... 36: 991 ...........

Revised Statute 2296 ...................... ......................... ......................... ......................... 175.

Apr. 28, 1922 ................................... 155 ................. ......................... 42: 502 ...........

May 17, 1900 ................................... 479 ................. 1 ..................... 31: 179 ........... 179.

Jan. 26, 1901 ................................... 180 ................. ......................... 31: 740 ........... 180.

Sept. 5, 1914 .................................... 294 ................. ......................... 38: 712 ........... 182.

Revised Statute 2300 ...................... ......................... ......................... ......................... 183.

Aug. 31, 1918 ................................... 166 ................. 8 ..................... 40: 957 ...........

Sept. 13, 1918 .................................. 173 ................. ......................... 40: 960 ...........

Revised Statute 2302 ...................... ......................... ......................... ......................... 184, 201.

July 26, 1892 ................................... 251 ................. ......................... 27: 270 ........... 185.

Feb. 14, 1920 ................................... 76 ................... ......................... 41: 434 ........... 186.

Jan. 21, 1922 ................................... 32 ................... ......................... 42: 358 ...........

Dec. 28, 1922 ................................... 19 ................... ......................... 42: 1067 .........

June 12, 1930 .................................. 471 ................. ......................... 46: 580 ...........

Feb. 25, 1925 ................................... 326 ................. ......................... 43: 081 ........... 187.

June 21, 1934 .................................. 690 ................. ......................... 48: 1185 ......... 187a.

May 22, 1902 ................................... 821 ................. 2 ..................... 32: 203 ........... 187b.

June 5, 1900 .................................... 716 ................. ......................... 31: 270 ........... 188, 217.

Mar. 3, 1875 ..................................... 131 ................. 15 ................... 18: 420 ........... 189.

July 4, 1884 ..................................... 180 ................. Only last

paragraph

of sec. 1.

23: 96 ............. 190

Mar. 1, 1933 ..................................... 160 ................. 1 ..................... 47: 1418 ......... 190a.

The following words only: ‘‘Provided, That no further allotments of lands to Indians on the public domain shall

be made in San Juan County, Utah, nor shall further Indian homesteads be made in said county under the Act

of July 4, 1884 (23 Stat. 96; U.S.C. title 48, sec. 190).’’

Revised Statutes 2310, 2311 .......... ......................... ......................... ......................... 191.

June 13, 1902 .................................. 1080 ............... ......................... 32: 384 ........... 203.

Mar. 3, 1879 ..................................... 191 ................. ......................... 20: 472 ........... 204.

July 1, 1879 ..................................... 80 ................... ......................... 21: 46 ............. 205.

May 6, 1886 ..................................... 88 ................... 24: 22 ............. ......................... 206.

Aug. 21, 1916 ................................... 361 ................. ......................... 39: 518 ........... 207.

June 3, 1924 .................................... 240 ................. ......................... 43: 357 ........... 208.

Revised Statutes 2298 .................... ......................... ......................... ......................... 211.

Aug. 30, 1890 ................................... 837 ................. ......................... 26: 391 ........... 212.

The following words only: ‘‘No person who shall after the passage of this act, enter upon any of the public

lands with a view to occupation, entry or settlement under any of the land laws shall be permitted to acquire

title to more than three hundred and twenty acres in the aggregate, under all of said laws, but this limitation

shall not operate to curtail the right of any person who has heretofore made entry or settlement on the public

lands, or whose occupation, entry or settlement, is validated by this act:’’

Mar. 3, 1891 ..................................... 561 ................. 17 ................... 26: 1101 .........

The following words only: ‘‘and that the provision of ‘an Act making appropriations for sundry civil expenses of

the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-one, and for other purposes,’ which reads as follows, viz: ‘No person who shall after the passage of this act enter upon any of the public lands with a view to occupation, entry or settlement under any of the land laws shall be permitted to acquire

title to more than three hundred and twenty acres in the aggregate under all said laws,’ shall be construed to

include in the maximum amount of lands the title to which is permitted to be acquired by one person only agricultural lands and not to include lands entered or sought to be entered under mineral land laws.’’

Apr. 28, 1904 ................................... 1776 ............... ......................... 33: 527 ........... 213.

Aug. 3, 1950 ..................................... 521 ................. ......................... 64: 398 ...........

Mar. 2, 1889 ..................................... 381 ................. 6 ..................... 25: 854 ........... 214.

Feb. 20, 1917 ................................... 98 ................... ......................... 39: 925 ........... 215.

Mar. 4, 1921 ..................................... 162 ................. 1 ..................... 41: 1433 ......... 216.

Feb. 19, 1909 ................................... 160 ................. ......................... 35: 639 ........... 218.

June 13, 1912 .................................. 166 ................. ......................... 37: 132 ...........

Mar. 3, 1915 ..................................... 84 ................... ......................... 38: 953 ...........

Mar. 3, 1915 ..................................... 91 ................... ......................... 38: 957 ...........

Mar. 4, 1915 ..................................... 150 ................. 2 ..................... 38: 1163 .........

July 3, 1916 ..................................... 220 ................. ......................... 39: 344 ...........

Feb. 11, 1913 ................................... 39 ................... ......................... 37: 666 ........... 218, 219.

June 17, 1910 .................................. 298 ................. ......................... 36: 531 ........... 219.

Mar. 3, 1915 ..................................... 91 ................... ......................... 38: 957 ...........

Sept. 5, 1916 .................................... 440 ................. ......................... 39: 724 ...........

Aug. 10, 1917 ................................... 52 ................... 10 ................... 40: 275 ...........

Mar. 4, 1915 ..................................... 150 ................. 1 ..................... 38: 1162 ......... 220.

Mar. 4, 1923 ..................................... 245 ................. 1 ..................... 42: 1445 ......... 222.

Apr. 28, 1904 ................................... 1801 ............... ......................... 33: 547 ........... 224.

Mar. 2, 1907 ..................................... 2527 ............... ......................... 34: 1224 .........
Sec. 702 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–60

Act of Chapter Section Statute at

Large 43 U.S. Code

May 29, 1908 ................................... 220 ................. 7 ..................... 35: 466 ...........

Aug. 24, 1912 ................................... 371 ................. ......................... 37: 499 ...........

Aug. 22, 1914 ................................... 270 ................. ......................... 38: 704 ........... 231.

Feb. 25, 1919 ................................... 21 ................... ......................... 40: 1153 .........

July 3, 1916 ..................................... 214 ................. ......................... 30: 341 ........... 232.

Sept. 29, 1919 .................................. 64 ................... ......................... 41: 288 ........... 233.

Apr. 6, 1922 ..................................... 122 ................. ......................... 42: 491 ........... 233, 272, 273.

Mar. 2, 1889 ..................................... 381 ................. 3 ..................... 25: 854 ........... 234.

Dec. 29, 1894 ................................... 14 ................... ......................... 28: 599 ...........

July 1, 1879 ..................................... 63 ................... 1 ..................... 21: 48 ............. 235.

Dec. 20, 1917 ................................... 6 ..................... ......................... 40: 430 ........... 236.

July 24, 1919 ................................... 126 ................. Next to last

paragraph

only.

41: 271 ........... 237.

Mar. 2, 1932 ..................................... 69 ................... ......................... 47: 59 ............. 237a.

May 21, 1934 ................................... 320 ................. ......................... 48: 787 ........... 237b.

May 22, 1935 ................................... 135 ................. ......................... 49: 286 ........... 237c.

Aug. 19, 1935 ................................... 560 ................. ......................... 49: 659 ........... 237d.

Mar. 31, 1938 ................................... 57 ................... ......................... 52: 149 ...........

Apr. 20, 1936 ................................... 239 ................. ......................... 49: 1235 ......... 237e.

July 30, 1956 ................................... 778 ................. 1, 2, 4 ............. 70: 715 ........... 237f,g,h

Mar. 1, 1921 ..................................... 102 ................. ......................... 41: 1202 ......... 238.

Apr. 7, 1922 ..................................... 125 ................. ......................... 42: 492 ...........

Revised Statute 2308 ...................... ......................... ......................... ......................... 239.

June 16, 1898 .................................. 458 ................. ......................... 30: 473 ........... 240.

Aug. 29, 1916 ................................... 420 ................. ......................... 39: 671 ...........

Apr. 7, 1930 ..................................... 108 ................. ......................... 46: 144 ........... 243.

Mar. 3, 1933 ..................................... 198 ................. ......................... 47: 1424 ......... 243a.

Mar. 3, 1879 ..................................... 192 ................. ......................... 20: 472 ........... 251.

Mar. 2, 1889 ..................................... 381 ................. 7 ..................... 25: 855 ........... 252.

June 3, 1878 .................................... 152 ................. ......................... 20: 91 ............. 253.

Revised Statute 2294 ...................... ......................... ......................... ......................... 254.

May 26, 1890 ................................... 355 ................. ......................... 26: 121 ...........

Mar. 11, 1902 ................................... 182 ................. ......................... 32: 63 .............

Mar. 4, 1904 ..................................... 394 ................. ......................... 33: 59 .............

Feb. 23, 1923 ................................... 105 ................. ......................... 42: 1281 .........

Revised Statute 2293 ...................... ......................... ......................... ......................... 255.

Oct. 6, 1917 ...................................... 86 ................... ......................... 40: 391 ...........

Mar. 4, 1913 ..................................... 149 ................. Only last

paragraph

of section

headed

‘‘Public

Land Service.’’.

37: 925 ........... 256.

May 13, 1932 ................................... 178 ................. ......................... 47: 153 ........... 256a.

June 16, 1933 .................................. 99 ................... ......................... 48: 274 ...........

June 26, 1935 .................................. 419 ................. ......................... 49: 504 ...........

June 16, 1937 .................................. 361 ................. ......................... 50: 303 ...........

Aug. 27, 1935 ................................... 770 ................. ......................... 49: 909 ........... 256b.

Sept. 30, 1890 .................................. J. Res. 59 ....... ......................... 26: 684 ........... 261.

June 16, 1880 .................................. 244 ................. ......................... 21: 287 ........... 263.

Apr. 18, 1904 ................................... 25 ................... ......................... 33: 589 ...........

Revised Statute 2304 ...................... ......................... ......................... ......................... 271.

Mar. 1, 1901 ..................................... 674 ................. ......................... 31: 847 ........... 271, 272.

Revised Statute 2305 ...................... ......................... ......................... ......................... 272.

Feb. 25, 1919 ................................... 37 ................... ......................... 40: 1161 ......... 272a.

Dec. 28, 1922 ................................... 19 ................... ......................... 42 1067: .........

Revised Statute 2306 ...................... ......................... ......................... ......................... 274.

Mar. 3, 1893 ..................................... 208 ................. ......................... 27: 593 ........... 275.

The following words only: ‘‘And provided further: That where soldier’s additional homestead entries have been

made or initiated upon certificate of the Commissioner of the General Land Office of the right to make such

entry, and there is no adverse claimant, and such certificate is found erroneous or invalid for any cause, the

purchaser thereunder, on making proof of such purchase, may perfect his title by payment of the Government

price for the land: but no person shall be permitted to acquire more than one hundred and sixty acres of public

land through the location of any such certificate.’’

Aug. 18, 1894 ................................... 301 ................. Only last

paragraph

of section

headed

‘‘Surveying

the Public

Lands.’’.

28: 397 ........... 276.

Revised Statute 2309 ...................... ......................... ......................... ......................... 277.

Revised Statute 2307 ...................... ......................... ......................... ......................... 278.

Sept. 21, 1922 .................................. 357 ................. ......................... 42: 990 ...........

Sept. 27, 1944 .................................. 421 ................. ......................... 58: 747 ........... 279–283.

June 25, 1946 .................................. 474 ................. ......................... 60: 308 ........... 279.

May 31, 1947 ................................... 88 ................... ......................... 61: 123 ........... 279, 280, 282.

June 18, 1954 .................................. 306 ................. ......................... 68: 253 ........... 279, 282.

June 3, 1948 .................................... 399 ................. ......................... 62: 305 ........... 283, 284.

Dec. 29, 1916 ................................... 9 ..................... 1–8 ................. 39: 862 ........... 291–298.

Feb. 28, 1931 ................................... 328 ................. ......................... 46: 1454 ......... 291.

June 9, 1933 .................................... 53 ................... ......................... 48: 119 ........... 291.

June 6, 1924 .................................... 274 ................. ......................... 46: 469 ........... 292.

Oct. 25, 1918 .................................... 195 ................. ......................... 40: 1016 ......... 293.

Sept. 29, 1919 .................................. 63 ................... ......................... 41: 287 ........... 294, 295.
31–61 Sec. 703 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Act of Chapter Section Statute at

Large 43 U.S. Code

Mar. 4, 1923 ..................................... 245 ................. 2 ..................... 42: 1445 ......... 302.

Aug. 21, 1916 ................................... 361 ................. ......................... 39: 518 ........... 1075.

Aug. 28, 1937 ................................... 876 ................. 3 ..................... 50: 875 ........... 1181c.

2. Small tracts:

June 1, 1938 .................................... 317 ................. ......................... 52: 609 ........... 682a–e.

June 8, 1954 .................................... 270 ................. ......................... 68: 239 ...........

July 14, 1945 ................................... 298 ................. ......................... 59: 467 ...........

REPEAL OF LAWS RELATED TO DISPOSAL

SEC. 703. (a) Effective on and after the tenth anniversary of

the date of approval of this Act, the statutes and parts of statutes

listed below as ‘‘Alaska Settlement Laws’’, and effective on and

after the date of approval of this Act, the remainder of the following statutes and parts of statutes are hereby repealed:

Act of Chapter Section Statute at

Large 43 U.S. Code

1. Sale and Disposal Laws:

Mar. 3, 1891 ..................................... 561 ................. 9 ..................... 26: 1099 ......... 671.

Revised Statute 2354 ...................... ......................... ......................... ......................... 673.

Revised Statute 2355 ...................... ......................... ......................... ......................... 674.

May 18, 1898 ................................... 344 ................. 2 ..................... 30: 418 ........... 675.

Revised Statute 2365 ...................... ......................... ......................... ......................... 676.

Revised Statute 2357 ...................... ......................... ......................... ......................... 678.

June 15, 1880 .................................. 227 ................. 3, 4 ................. 21: 238 ........... 679–680.

Mar. 2, 1889 ..................................... 381 ................. 4 ..................... 25: 854 ........... 681.

Mar. 1, 1907 ..................................... 2286 ............... ......................... 34: 1052 ......... 682.

Revised Statute 2361 ...................... ......................... ......................... ......................... 688.

Revised Statute 2362 ...................... ......................... ......................... ......................... 689.

Revised Statute 2363 ...................... ......................... ......................... ......................... 690.

Revised Statute 2368 ...................... ......................... ......................... ......................... 691.

Revised Statute 2366 ...................... ......................... ......................... ......................... 692.

Revised Statute 2369 ...................... ......................... ......................... ......................... 693.

Revised Statute 2370 ...................... ......................... ......................... ......................... 694.

Revised Statute 2371 ...................... ......................... ......................... ......................... 695.

Revised Statute 2374 ...................... ......................... ......................... ......................... 696.

Revised Statute 2372 ...................... ......................... ......................... ......................... 697.

Feb. 24, 1909 ................................... 181 ................. ......................... 35: 645 ...........

May 21, 1926 ................................... 353 ................. The 2 provisos

only.

44: 591 ...........

Revised Statute 2375 ...................... ......................... ......................... ......................... 698.

Revised Statute 2376 ...................... ......................... ......................... ......................... 699

Mar. 2, 1889 ..................................... 381 ................. 1 ..................... 25: 854 ........... 700.

2. Townsite Reservation and Sale:

Revised Statute 2380 ...................... ......................... ......................... ......................... 711.

Revised Statute 2381 ...................... ......................... ......................... ......................... 712.

Revised Statute 2382 ...................... ......................... ......................... ......................... 713.

Aug. 24, 1954 ................................... 904 ................. ......................... 68: 792 ...........

Revised Statute 2383 ...................... ......................... ......................... ......................... 714.

Revised Statute 2384 ...................... ......................... ......................... ......................... 715.

Revised Statute 2386 ...................... ......................... ......................... ......................... 717.

Revised Statute 2387 ...................... ......................... ......................... ......................... 718.

Revised Statute 2388 ...................... ......................... ......................... ......................... 719.

Revised Statute 2389 ...................... ......................... ......................... ......................... 720.

Revised Statute 2391 ...................... ......................... ......................... ......................... 721.

Revised Statute 2392 ...................... ......................... ......................... ......................... 722.

Revised Statute 2393 ...................... ......................... ......................... ......................... 723.

Revised Statute 2394 ...................... ......................... ......................... ......................... 724.

Mar. 3, 1877 ..................................... 113 ................. 1, 3, 4 ............. 19: 392 ........... 725–727.

Mar. 3, 1891 ..................................... 561 ................. 16 ................... 26: 1101 ......... 728.

July 9, 1914 ..................................... 138 ................. ......................... 38: 454 ........... 730.

Feb. 9, 1903 ..................................... 531 ................. ......................... 32: 820 ........... 731.

3. Drainage Under State Laws:

May 20, 1908 ................................... 181 ................. 1–7 ................. 35: 171 ........... 1021–1027.

Mar. 3, 1919 ..................................... 113 ................. ......................... 40: 1321 ......... 1028.

May 1, 1958 ..................................... P.L. 85–387 ... ......................... 72: 99 ............. 1029–1034.

Jan. 17, 1920 ................................... 47 ................... ......................... 41: 392 ........... 1041–1048.

4. Abandoned Military Reservation:

July 5, 1884 ..................................... 214 ................. 5 ..................... 23: 104 ........... 1074.

Aug. 21, 1916 ................................... 361 ................. ......................... 39: 518 ........... 1075.

Mar. 3, 1893 ..................................... 208 ................. ......................... 27: 593 ........... 1076.

The following words only: ‘‘Provided, That the President is hereby authorized by proclamation to withhold

from sale and grant for public use to the municipal corporation in which the same is situated all or any portion

of any abandoned military reservation not exceeding twenty acres in one place.’’

Aug. 23, 1894 ................................... 314 ................. ......................... 23: 491 ........... 1077, 1078.

Feb. 11, 1903 ................................... 543 ................. ......................... 32: 822 ........... 1079.

Feb. 15, 1895 ................................... 92 ................... ......................... 28: 664 ........... 1080, 1077.

Apr. 23, 1904 ................................... 1496 ............... ......................... 33: 306 ........... 1081.
Sec. 704 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–62

Act of Chapter Section Statute at

Large 43 U.S. Code

5. Public Lands; Oklahoma:

May 2, 1890 ..................................... 182 ................. Last paragraph of sec.

18 and secs.

20, 21, 22,

24, 27.

26: 90 ............. 1091–1094, 1096, 1097.

Mar. 3, 1891 ..................................... 543 ................. 16 ................... 26: 1026 ......... 1098.

Aug. 7, 1946 ..................................... 772 ................. 1, 2 ................. 60: 872 ........... 1100–1101. Aug. 3, 1955 ..................................... 498 ................. 1–8 ................. 69: 445 ........... 1102–1102g.

May 14, 1890 ................................... 207 ................. ......................... 26: 109 ........... 1111–1117. Sept. 1, 1893 .................................... J. Res. 4 ......... ......................... 28: 11 ............. 1118.

May 11, 1896 ................................... 168 ................. 1, 2 ................. 29: 116 ........... 1119.

Jan. 18, 1897 ................................... 62 ................... 1–3, 5, 7 ......... 29: 490 ........... 1131–1134. June 23, 1897 .................................. 8 ..................... ......................... 30: 105 ...........

Mar. 1, 1899 ..................................... 328 ................. ......................... 30: 966 ...........

6. Sales of Isolated Tracts:

Revised Statute 2455 ...................... ......................... ......................... ......................... 1171.

Feb. ................................................... 133 ................. ......................... 28: 687 ...........

June 27, 1906 .................................. 3554 ............... ......................... 34: 517 ...........

Mar. 28, 1912 ................................... 67 ................... ......................... 37: 77 .............

Mar. 9, 1928 ..................................... 164 ................. ......................... 45: 253 ...........

June 28, 1934 .................................. 865 ................. 14 ................... 48: 1274 .........

July 30, 1947 ................................... 383 ................. ......................... 61: 630 ...........

Apr. 24, 1928 ................................... 428 ................. ......................... 45: 457 ........... 1171a.

May 23, 1930 ................................... 313 ................. ......................... 46: 377 ........... 1171b.

Feb. 4, 1919 ..................................... 13 ................... ......................... 40: 1055 ......... 1172.

May 10, 1920 ................................... 178 ................. ......................... 41: 595 ........... 1173.

Aug. 11, 1921 ................................... 62 ................... ......................... 42: 159 ........... 1175.

May 19, 1926 ................................... 337 ................. ......................... 44: 566 ........... 1176.

Feb. 14, 1931 ................................... 170 ................. ......................... 46: 1105 ......... 1177.

7. Alaska Special Laws:

Mar. 3, 1891 ..................................... 561 ................. 11 ................... 26: 1099 ......... 732.

May 25, 1926 ................................... 379 ................. ......................... 44: 629 ........... 733–736. May 29, 1963 ................................... P.L. 88–34 ..... ......................... 77: 52 ............. July 24, 1947 ................................... 305 ................. ......................... 61: 414 ........... 738.

Aug. 17, 1961 ................................... P.L. 87–147 ... ......................... 75: 384 ........... 270–13. Oct. 3, 1962 ...................................... P.L. 87–742 ... ......................... 76: 740 ........... July 19, 1963 ................................... P.L. 86–66 ..... ......................... 77: 80 ............. 687b–5. May 14, 1898 ................................... 299 ................. 1 ..................... 30: 409 ........... 270.

Mar. 3, 1903 ..................................... 1002 ............... ......................... 32: 1028 .........

Apr. 29, 1950 ................................... 137 ................. 1 ..................... 64: 94 .............

Aug. 3, 1955 ..................................... 496 ................. ......................... 69: 444 ........... 270, 687a–2. Apr. 29, 1950 ................................... 137 ................. 2–5 ................. 64: 95 ............. 270–5, 260–6, 270–7 687a–1. July 11, 1956 ................................... 571 ................. 2 ..................... 70: 529 ........... 270–7. July 8, 1916 ..................................... 228 ................. ......................... 39: 352 ........... 270–8, 270–9. June 28, 1918 .................................. 110 ................. ......................... 40: 632 ........... 270–10, 270–14. July 11, 1956 ................................... 571 ................. 1 ..................... 70: 528 ...........

8. Alaska Settlement Laws:

Mar. 8, 1922 ..................................... 96 ................... 1 ..................... 42: 415 ........... 270–11. Aug. 23, 1958 ................................... P.L. 85–725 ... 1, 4 ................. 72: 730 ...........

Apr. 13, 1926 ................................... 121 ................. ......................... 44: 243 ........... 270–15. Apr. 29, 1950 ................................... 134 ................. 3 ..................... 64: 93 ............. 270–16, 270–17. May 14, 1898 ................................... 299 ................. 10 ................... 30: 413 ........... 270–4, 687a to

687a–5. Mar. 3, 1927 ..................................... 323 ................. ......................... 44: 1364 .........

May 26, 1934 ................................... 357 ................. ......................... 48: 809 ...........

Aug. 23, 1958 ................................... P.L. 85–725 ... 3 ..................... 72: 730 ........... Mar. 3, 1891 ..................................... 561 ................. 13 ................... 26: 1100 ......... 687a–6. Aug. 30, 1949 ................................... 521 ................. ......................... 63: 679 ........... 687b to 687b–4. 9. Pittman Underground Water Act:

Sept. 22, 1922 .................................. 400 ................. ......................... 42: 1012 ......... 356.

(c) [Omitted—Amendment]

(d) [Omitted—Amendment]

REPEAL OF WITHDRAWAL LAWS

SEC. 704. (a) Effective on and after the date of approval of this

Act, the implied authority of the President to make withdrawals

and reservations resulting from acquiescence of the Congress (U.S.

v. Midwest Oil Co., 236 U.S. 459) and the following statutes and

parts of statutes are repealed:

Act of Chapter Section Statute at

Large 43 U.S. Code

Oct. 2, 1888 ............................................. 1069 ............... ......................... 25: 527 ........... 662.

Only the following portion under the section headed U.S. Geological Survey: The last sentence of the paragraph relating to investigation of irrigable lands in the arid region, including the proviso at the end thereof.
31–63 Sec. 705 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Act of Chapter Section Statute at

Large 43 U.S. Code

Mar. 3, 1891 ............................................ 561 ................. 24 ................... 26: 1103 ......... 16 U.S.C. 471. Mar. 1, 1893 ............................................ 183 ................. 21 ................... 27: 510 ........... 33 U.S.C. 681. Aug. 18, 1894 .......................................... 301 ................. 4 ..................... 28: 422 ........... 641.

Only that portion of the first sentence of the second paragraph beginning with ‘‘and the Secretary of the Inte- rior’’ and ending with ‘‘shall not be approved.’’

May 14, 1898 .......................................... 299 ................. 10 ................... 30: 413 ........... 687a–4.

Only the fifth proviso of the first paragraph.

June 17, 1902 .......................................... 1093 ............... 3 ..................... 32: 388 ........... 416.

Only that portion of section three preceding the first proviso.

Apr. 16, 1906 .......................................... 1631 ............... 1 ..................... 34: 116 ........... 561

Only the words ‘‘withdraw from public entry any lands needed for townsite purposes’’, and also after the word

‘‘case’’, the word ‘‘and’’.

June 27, 1906 .......................................... 3559 ............... 4 ..................... 34: 520 ........... 561.

Only the words ‘‘withdraw and’’.

Mar. 15, 1910 .......................................... 96 ................... ......................... 36: 237 ........... 643.

June 25, 1910 .......................................... 421 ................. 1, 2 ................. 36: 847 ........... 141, 142, 16 U.S.C.

471(a).

All except the second and third provisos.

June 25, 1910 .......................................... 431 ................. 13 ................... 36: 858 ........... 148.

Mar. 12, 1914 .......................................... 37 ................... 1 ..................... 38: 305 ........... 975b.

Only that portion which authorizes the President to withdraw, locate, and dispose of lands for townsites.

Oct. 5, 1914 ............................................. 316 ................. 1 ..................... 38: 727 ........... 569(a).

June 9, 1916 ............................................ 137 ................. 2 ..................... 39: 219 ...........

Under ‘‘Class One,’’ only the words ‘‘withdrawal and.’’

Dec. 29, 1916 ........................................... 9 ..................... 10 ................... 39: 865 ........... 300.

June 7, 1924 ............................................ 348 ................. 9 ..................... 43: 655 ........... 16 U.S.C. 471. Aug. 19, 1935 .......................................... 561 ................. ‘‘Sec. 4’’ ........... 49: 661 ........... 22 U.S.C. 277c.

In ‘‘Sec. 4’’, only paragraph ‘‘c’’ except the proviso thereof.

Mar. 3, 1927 ............................................ 299 ................. 4 ..................... 44: 1347 ......... 25 U.S.C. 398d.

Only the proviso thereof.

May 24, 1928 .......................................... 729 ................. 4 ..................... 45: 729 ........... 49 U.S.C. 214. Dec. 21, 1928 ........................................... 42 ................... 9 ..................... 45: 1063 ......... 617h.

Mar. 6, 1946 ............................................ 58 ................... ......................... 69: 36 ............. 617h.

First sentence only.

June 16, 1934 .......................................... 557 ................. ‘‘Sec. 40(a)’’ .... 48: 977 ........... 30 U.S.C. 229a.

The proviso only.

May 1, 1936 ............................................ 254 ................. 2 ..................... 49: 1250 .........

May 31, 1938 .......................................... 304 ................. ......................... 52: 593 ........... 25 U.S.C. 497.

July 20, 1939 .......................................... 334 ................. ......................... 53: 1071 ......... 16 U.S.C. 471b.

May 28, 1940 .......................................... 220 ................. 1 ..................... 54: 224 ........... 16 U.S.C. 552a.

All except the second proviso.

Apr. 11, 1956 .......................................... 203 ................. 8 ..................... 70: 110 ........... 620g.

Only the words ‘‘and to withdraw public lands from entry or other disposition under the public land laws.’’

Aug. 10, 1956 .......................................... Chapter 949 ... 9772 ............... 70A: 588 ......... 10 U.S.C. 4472,

9772.

Aug. 16, 1952 .......................................... P.L. 87–590 ... 4 ..................... 76: 389 ........... 616c.

Only the words ‘‘and to withdraw public lands from entry or other disposition under the public land laws.’’

(b) [Omitted—Amendment]

REPEAL OF LAW RELATING TO ADMINISTRATION OF PUBLIC LANDS

SEC. 705. (a) Effective on and after the date of approval of this

Act, the following statutes or parts or statutes are repealed:

Act of Chapter Section Statute at

Large 43 U.S. Code

1. Mar. 2, 1895 ..................................... 174 ................. ......................... 28: 744 ........... 176.

2. June 28, 1934 ................................... 865 ................. 8 ..................... 48: 1272 ......... 315g.

June 26, 1936 .................................. 842 ................. 3 ..................... 49: 1976, title I June 19, 1948 .................................. 548 ................. 1 ..................... 62: 533 ...........

July 9, 1962 ..................................... P.L. 87–524 ... ......................... 76: 140 ........... 315g–1. 3. Aug. 24, 1937 ................................... 744 ................. ......................... 50: 748 ........... 315p.

4. Mar. 3, 1909 ..................................... 271 ................. 2d proviso

only.

35: 845 ........... 772.

June 25, 1910 .................................. J. Res. 40 ....... ......................... 36: 884 ...........

5. June 21, 1934 ................................... 689 ................. ......................... 48: 1185 ......... 871a.
Sec. 706 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 31–64

Act of Chapter Section Statute at

Large 43 U.S. Code

6. Revised Statute 2447 ...................... ......................... ......................... ......................... 1151.

Revised Statute 2448 ...................... ......................... ......................... ......................... 1152.

7. June 6, 1874 ..................................... 223 ................. ......................... 18: 62 ............. 1153; 1154.

8. Jan. 28, 1879 .................................... 30 ................... ......................... 20:274 ............ 1155.

9. May 30, 1894 ................................... 87 ................... ......................... 28: 84 ............. 1156.

10. Revised Statute 2471 ...................... ......................... ......................... ......................... 1191.

Revised Statute 2472 ...................... ......................... ......................... ......................... 1192.

Revised Statute 2473 ...................... ......................... ......................... ......................... 1193.

11. July 14, 1960 ................................... P.L. 86–649 ... 101–202(a), 203–204(a), 301–303..74: 506 ........... 1361, 1362, 1363– 1383.

12. Sept. 26, 1970 .................................. P.L. 91–429 ... ......................... 84: 885 ........... 1362a. 13. July 31, 1939 ................................... 401 ................. 1, 2 ................. 53: 1144 .........

REPEAL OF LAWS RELATING TO RIGHTS-OF-WAY

SEC. 706. (a) Effective on and after the date of approval of this

Act, R.S. 2477 (43 U.S.C. 932) is repealed in its entirety and the

following statutes or parts of statutes are repealed insofar as they

apply to the issuance of rights-of-way over, upon, under, and

through the public lands and lands in the National Forest System:

Act of Chapter Section Statute at

Large 43 U.S. Code

Revised Statutes 2339 ............................ ......................... ......................... ......................... 661.

The following words only: ‘‘and the right-of-way for the construction of ditches and canals for the purpose

herein specified is acknowledged and confirmed: but whenever any person, in the construction of any ditch or

canal, injures or damages the possession of any settler on the public domain, the party committing such injury

or damages shall be liable to the party injured for such injury or damage.’’

Revised Statutes 2340 ............................ ......................... ......................... ......................... 661.

The following words only: ‘‘, or rights to ditches and reservoirs used in connection with such water rights.’’

Feb. 26, 1897 ........................................... 335 ................. ......................... 29: 599 ........... 664.

Mar. 3, 1899 ............................................ 427 ................. 1 ..................... 30: 1233 ......... 665, 958, (16 U.S.C. 525).

The following words only: ‘‘that in the form provided by existing law the Secretary of the Interior may file and

approve surveys and plots of any right-of-way for a wagon road, railroad, or other highway over and across any

forest reservation or reservoirs site when in his judgment the public interests will not be injuriously affected

thereby.’’

Mar. 3, 1875 ............................................ 152 ................. ......................... 18: 482 ........... 934–939. May 14, 1898 .......................................... 299 ................. 2–9 ................. 30: 409 ........... 942–1 to 942–9. Feb. 27. 1901 ........................................... 614 ................. ......................... 31: 815 ........... 943.

June 26, 1906 .......................................... 3548 ............... ......................... 34: 481 ........... 944.

Mar. 3, 1891 ............................................ 561 ................. 18–21 ............. 26: 1101 ......... 946–949. Mar. 4, 1917 ............................................ 184 ................. 1 ..................... 39: 1197 .........

May 28, 1926 .......................................... 409 ................. ......................... 44: 668 ...........

Mar. 1, 1921 ............................................ 93 ................... ......................... 41: 1194 ......... 950.

Jan. 13, 1897 ........................................... 11 ................... ......................... 20: 484 ........... 952–955. Mar. 3, 1923 ............................................ 219 ................. ......................... 42: 1437 .........

Jan. 21, 1895 ........................................... 37 ................... ......................... 28: 635 ........... 951, 956, 957.

May 14, 1896 .......................................... 179 ................. ......................... 29: 120 ...........

May 11, 1898 .......................................... 292 ................. ......................... 30: 404 ...........

Mar. 4, 1917 ............................................ 184 ................. 2 ..................... 39: 1197 .........

Feb. 15, 1901 ........................................... 372 ................. ......................... 31: 790 ........... 959 (16 U.S.C. 79,

522).

Mar. 4, 1911 ............................................ 238 ................. ......................... 36: 1253 ......... 951 (16 U.S.C. 5,

420, 523).

Only the last two paragraphs under the subheading ‘‘Improvement of the National Forests’’ under the healing ‘‘Forest Service.’’

May 27, 1952 .......................................... 338 ................. ......................... 66: 95 .............

May 21, 1896 .......................................... 212 ................. ......................... 29: 127 ........... 962–965. Apr. 12, 1910 .......................................... 155 ................. ......................... 36: 296 ........... 966–970. June 4, 1897 ............................................ 2 ..................... 1 ..................... 30: 35 ............. 16 U.S.C. 551.

Only the eleventh paragraph under Surveying the public lands.

July 22, 1937 .......................................... 517 ................. 31, 32 ............. 50: 525 ........... 7 U.S.C. 1010– 1012. Sept. 3, 1954 ........................................... 1255 ............... 1 ..................... 68: 1146 ......... 931c.

July 7, 1960 ............................................ Public Law 86–608.......................... 74: 363 ........... 40 U.S.C. 345c.

Oct. 23, 1962 ........................................... Public Law 87–852.1–3 ................. 76: 1129 ......... 40 U.S.C. 319– 319c. Feb. 1, 1905 ............................................. 288 ................. 4 ..................... 33: 628 ........... 16 U.S.C. 524.

(b) Nothing in section 706(a), except as it pertains to rights-ofway, may be construed as affecting the authority of the Secretary
31–65 Sec. 707 FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

of Agriculture under the Act of June 4, 1897 (30 Stat. 35, as

amended, 16 U.S.C. 551); the Act of July 22, 1937 (50 Stat. 525,

as amended, 7 U.S.C. 1010–1212); or the Act of September 3, 1954

(68 Stat. 1146, 43 U.S.C. 931c).

SEVERABILITY

SEC. 707. If any provision of this Act or the application thereof

is held invalid, the remainder of the Act and the application thereof

shall not be affected thereby.
32–1

32. MISCELLANEOUS LAND LAWS

[As Amended Through Public Law 106–580, Dec. 31, 2000]

32–3

A. SECTION 4 OF PUBLIC LAW 100–409

(LAND EXCHANGE FUNDING AUTHORIZATION)

(Section 4 of the Federal Land Exchange Facilitation Act of 1988)

SEC. 4. ø16 U.S.C. 1716 note¿ LAND EXCHANGE FUNDING AUTHORIZATION.

In order to ensure that there are increased funds and personnel

available to the Secretaries of the Interior and Agriculture to consider, process, and consummate land exchanges pursuant to the

Federal Land Policy and Management Act of 1976 and other applicable law, there are hereby authorized to be appropriated for fiscal

years 1989 through 1998 an annual amount not to exceed

$4,000,000 which shall be used jointly or divided among the Secretaries as they determine appropriate for the consideration, processing, and consummation of land exchanges pursuant to the Federal Land Policy and Management Act of 1976, as amended, and

other applicable law. Such moneys are expressly intended by Congress to be in addition to, and not offset against, moneys otherwise

annually requested by the Secretaries, and appropriated by Congress for land exchange purposes.

32–5

1The paragraph under the heading ‘‘FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND (REVOLVING FUND, SPECIAL ACCOUNT)’’ in title I of the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 106–291; 114 Stat. 924), provides as follows: ‘‘In addition to the purposes authorized in Public Law 102–381, funds made available in the Forest Ecosystem Health and Recovery Fund can be used for the purpose of planning, preparing, and monitoring salvage timber sales and forest ecosystem health and recovery activities such as release

from competing vegetation and density control treatments. The Federal share of receipts (defined as the portion of salvage timber receipts not paid to the counties under 43 U.S.C. 1181f

and 43 U.S.C. 1181f–1 et seq., and Public Law 103–66) derived from treatments funded by this

account shall be deposited into the Forest Ecosystem Health and Recovery Fund.’’.

B. FOREST ECOSYSTEMS HEALTH AND RECOVERY

REVOLVING FUND

(The first paragraph under the heading ‘‘FOREST ECOSYSTEMS HEALTH AND RECOVERY

(REVOLVING FUND, SPECIAL ACCOUNT)’’ in title I of the Department of the Interior

and Related Agencies Appropriations Act, 1993 (Public Law 102–381; 106 Stat.

1376))

FOREST ECOSYSTEMS HEALTH AND RECOVERY

(REVOLVING FUND, SPECIAL ACCOUNT) 1

ø43 U.S.C. 1736a¿ There is hereby established in the Treasury

of the United States a special fund to be derived hereafter from the

Federal share of moneys received from the disposal of salvage timber prepared for sale from the lands under the jurisdiction of the

Bureau of Land Management, Department of the Interior. The

money in this fund shall be immediately available to the Bureau

of Land Management without further appropriation, for the purposes of planning and preparing salvage timber for disposal, the

administration of salvage timber sales, and subsequent site preparation and reforestation.

ø43 U.S.C. 1736a note¿ There is hereby appropriated an amount of $1,000,000, to remain available until expended to establish this fund. Nothing in this provision shall alter the formulas

currently in existence by law for the distribution of receipts for the

applicable lands and timber resources.

32–7

C. ENVIRONMENTAL IMPROVEMENT AND RESTORATION

FUND

(Title IV of the Department of the Interior and Related Agencies Appropriations Act,

1998 (Public Law 105–83; 111 Stat. 1607; 43 U.S.C. 1474d))

TITLE IV—ENVIRONMENTAL IMPROVEMENT AND

RESTORATION FUND

SEC. 401. (a) FUND.—One half of the amounts awarded by the

Supreme Court to the United States in the case of United States

of America v. State of Alaska (117 S.Ct. 1888) shall be deposited

in a fund in the Treasury of the United States to be known as the

‘‘Environmental Improvement and Restoration Fund’’ (referred to

in this section as the ‘‘Fund’’).

(b) INVESTMENTS.— (1) IN GENERAL.—The Secretary of the Treasury shall invest amounts in the Fund in interest bearing obligations of the

United States.

(2) ACQUISITION OF OBLIGATIONS.—For the purpose of investments under paragraph (1), obligations may be acquired— (A) on original issue at the issue price; or

(B) by purchase of outstanding obligations at the market price.

(3) SALE OF OBLIGATIONS.—Any obligations acquired by the

Fund may be sold by the Secretary of the Treasury at the market price.

(4) CREDITS TO FUND.—The interest earned from investments of the Fund shall be covered into and form a part of the

Fund.

(c) TRANSFER AND AVAILABILITY OF AMOUNTS EARNED.—Each

year, interest earned and covered into the Fund in the previous fiscal year shall be made available as follows:

(1) To the extent provided in the subsequent appropriations Acts, 80 percent of such amounts shall be made available

to be equally divided among the Directors of the National Park

Service, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Chief of the Forest Service

for high priority deferred maintenance and modernization of

facilities that directly enhance the experience of visitors, including natural, cultural, recreational, and historic resources

protection projects in National Parks, National Wildlife Refuges, and the public lands respectively as provided in subsection (d) and for payment to the State of Louisiana and its

lessees for oil and gas drainage in the West Delta field. The

Secretary shall submit with the annual budget submission to

Congress a list of high priority maintenance and modernization

projects for congressional consideration.
ENVIRONMENTAL IMPROVEMENT AND RESTORATION FUND 32–8

(2) 20 percent of such amounts shall be made available

without further appropriation to the Secretary of Commerce for

the purpose of carrying out marine research activities in the

North Pacific in accordance with subsection (e).

(d) PROJECTS.—A project referred to in subsection (c)(1) shall

be consistent with the laws governing the National Park System,

the National Wildlife Refuge System, the public lands and Forest

Service lands and management plan for such unit.

(e) MARINE RESEARCH ACTIVITIES.—(1) Funds available under

subsection (c)(2) shall be used by the Secretary of Commerce according to this subsection to provide grants to Federal, State, private or foreign organizations or individuals to conduct research activities on or relating to the fisheries or marine ecosystems in the

north Pacific Ocean, Bering Sea, and Arctic Ocean (including any

lesser related bodies of water).

(2) Research priorities and grant requests shall be reviewed by

a board to be known as the North Pacific Research Board (referred

to in this subsection as the ‘‘Board’’). The Board shall seek to avoid

duplicating other research activities, and shall place a priority on

cooperative research efforts designed to address pressing fishery

management or marine ecosystem information needs.

(3) The Board shall be comprised of the following representatives or their designees— (A) the Secretary of Commerce;

(B) the Secretary of State;

(C) the Secretary of the Interior;

(D) the Commandant of the Coast Guard;

(E) the Director of the Office of Naval Research;

(F) the Alaska Commissioner of Fish and Game, who shall

also be a co-chair of the Board;

(G) the Chairman of the North Pacific Fishery Management Council;

(H) the Chairman of the Arctic Research Commission;

(I) the Director of the Oil Spill Recovery Institute;

(J) the Director of the Alaska SeaLife Center;

(K) five members nominated by the Governor of Alaska

and appointed by the Secretary of Commerce, one of whom

shall represent fishing interests, one of whom shall represent

Alaska Natives, one of whom shall represent environmental interests, one of whom shall represent academia, and one of

whom shall represent oil and gas interests;

(L) three members nominated by the Governor of Washington and appointed by the Secretary of Commerce; and

(M) one member nominated by the Governor of Oregon and

appointed by the Secretary of Commerce.

(N) one member who shall represent fishing interests

and shall be nominated by the Board and appointed by the

Secretary.

The members of the Board shall be individuals knowledgeable by

education, training, or experience regarding fisheries or marine

ecosystems in the north Pacific Ocean, Bering Sea, or Arctic Ocean.

Three nominations shall be submitted for each member to be appointed under subparagraphs (K), (L), and (M). Board members appointed under subparagraphs (K), (L), and (M) shall serve for

three-year terms, and may be reappointed.
32–9 ENVIRONMENTAL IMPROVEMENT AND RESTORATION FUND

(4)(A) The Secretary of Commerce shall review grants recommended by the Board. If the Secretary does not approve a grant

recommended by the Board, the Secretary shall explain in writing

the reasons for not approving such grant, and the amount recommended to be used for such grant shall be available only for

other grants recommended by the Board.

(B) The Board shall establish written criteria for the submission of grant requests through a competitive process and for deciding upon the award of grants. Grants shall be recommended by the

Board on the basis of merit in accordance with the priorities established by the Board. The Secretary shall provide the Board such

administrative and technical support as is necessary for the effective functioning of the Board. The Board shall be considered an advisory panel established under section 302(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801

et seq.) for the purposes of section 302(i)(1) of such Act, and the

other procedural matters applicable to advisory panels under section 302(i) of such Act shall apply to the Board to the extent practicable. Members of the Board may be reimbursed for actual expenses incurred in performance of their duties for the Board. Not

more than 5 percent of the funds provided to the Secretary of Commerce under paragraph (1) may be used to provide support for the

Board and administer grants under this subsection.

(5) All decisions of the Board, including grant recommendations, shall be by majority vote of the members listed

in paragraphs (3)(A), (3)(F), (3)(G), (3)(J), and (3)(N), in consultation with the other members. The five voting members

may act on behalf of the Board in all matters of administration, including the disposition of research funds not made

available by this section, at any time on or after October 1,

2000.

(f) SUNSET.—[This subsection was repealed by section 352 of

the Department of the Interior and Related Agencies Appropriations Act, 2000 (H.R. 3423 of the 106th Congress, as introduced on

November 17, 1999, and enacted into law by section 1000(a)(3) of

Public Law 106–113 (113 Stat. 1535)).]
33–1

33. ACT OF JUNE 14, 1926

(Commonly Known as the Recreation and Public Purposes

Act)

[As Amended Through Public Law 106–580, Dec. 31, 2000]

33–3

33. ACT OF JUNE 14, 1926

(Commonly Known as the Recreation and Public Purposes Act)

CHAP. 578.—An Act To authorize acquisition or use of public lands by States,

counties, or municipalities for recreational purposes.

SECTION 1. ø43 U.S.C. 869¿ (a) The Secretary of the Interior

upon application filed by a duly qualified applicant under section

2 of this Act may, in the manner prescribed by this Act, dispose

of any public lands to a State, Territory, county, municipality, or

other State, Territorial, or Federal instrumentality or political subdivision for any public purposes, or to a nonprofit corporation or

nonprofit association for any recreational or any public purpose

consistent with its articles of incorporation or other creating authority. Before the land may be disposed of under this Act it must

be shown to the satisfaction of the Secretary that the land is to be

used for an established or definitely proposed project, that the land

involved is not of national significance nor more than is reasonably

necessary for the proposed use, and that for proposals of over 640

acres comprehensive land use plans and zoning regulations applicable to the area in which the public lands to be disposed of are located have been adopted by the appropriate State or local authority. The Secretary shall provide an opportunity for participation by

affected citizens in disposals under this Act, including public hearings or meetings where he deems it appropriate to provide public

comments, and shall hold at least one public meeting on any proposed disposal of more than six hundred forty acres under this Act.

The Secretary may classify public lands in Alaska for disposition

under this Act. Lands so classified may not be appropriated under

any other public land law unless the Secretary revises such classification or authorizes the disposition of an interest in the lands

under other applicable law. If, within eighteen months following

such classification, no application has been filed for the purpose for

which the lands have been so classified, then the Secretary shall

restore such lands to appropriation under the applicable public

land laws.

(b) Conveyances made in any one calendar year shall be limited as follows:

(i) For recreational purposes:

(A) To any State or the State park agency or any other

agency having jurisdiction over the State park system of

such State designated by the Governor of that State as its

sole representative for acceptance of lands under this provision, hereinafter referred to as the State, or to any political subdivision of such State, six thousand four hundred

acres, and such additional acreage as may be needed for
Sec. 2 RECREATION AND PUBLIC PURPOSES ACT 33–4

small roadside parks and rest sites of not more than ten

acres each.

(B) To any nonprofit corporation or nonprofit association, six hundred and forty acres.

(C) No more than twenty-five thousand six hundred

acres may be conveyed for recreational purposes under this

Act in any one State per calendar year. Should any State

or political subdivision, however, fail to secure, in any one

year, six thousand four hundred acres, not counting lands

for small roadside parks and rest sites, conveyances may

be made thereafter if pursuant to an application on file

with the Secretary of the Interior on or before the last day

of said year and to the extent that the conveyance would

not have exceeded the limitations of said year.

(ii) For public purposes other than recreation:

(A) To any State or agency or instrumentality thereof,

for any one program, six hundred and forty acres.

(B) To any political subdivision of a State, six hundred

and forty acres.

(C) To any nonprofit corporation or nonprofit association, six hundred and forty acres.

(c) Where the lands have been withdrawn in aid of a function

of a Federal department or agency other than the Department of

the Interior, or of a State, Territory, county, municipality, water

district, or other local governmental subdivision or agency, the Secretary of the Interior may make disposals under this Act only with

the consent of such Federal department or agency, or of such State,

Territory, or local governmental unit. Nothing in this Act shall be

construed to apply to lands in any national forest, national park,

or national monument, or national wildlife refuge, or to any Indian

lands or lands set aside or held for the use or benefit of Indians,

including lands over which jurisdiction has been transferred to the

Department of the Interior by Executive order for the use of Indians, or, except insofar as this Act applies to leases of land to States

and counties and to State and Federal instrumentalities and political subdivisions and to municipal corporations, to the revested Oregon and California Railroad grant lands and the reconveyed Coos

Bay Wagon Road grant lands in the State of Oregon. Nor shall any

disposition be made under this Act for any use authorized under

any other law, except for a use authorized under the Act of June

1, 1938 (52 Stat. 609; 43 U.S.C., sec. 682a), as amended.

SEC. 2. ø43 U.S.C. 869–1¿ The Secretary of the Interior may

after due consideration as to the power value of the land, whether

or not withdrawn therefor, (a) sell such land to the State, Territory,

county, or other State, Territorial, or Federal instrumentality or

political subdivision in which the lands are situated, or to a nearby

municipal corporation in the same State or Territory, for the purpose for which the land has been classified, and conveyances of

such land for historic-monument purposes or recreational purposes

under this subsection shall be made without monetary consideration, while conveyances for any other purpose under this subsection shall be made at a price to be fixed by the Secretary of the

Interior through appraisal or otherwise, after taking into consideration the purpose for which the lands are to be used; (b) lease such

land to the State, Territory, county, or other State, Territorial, or
33–5 Sec. 3 RECREATION AND PUBLIC PURPOSES ACT

Federal instrumentality or political subdivision in which the lands

are situated, or to a nearby municipal corporation in the same

State or Territory, for the purpose for which the land has been

classified, at a reasonable annual rental, except that leases of such

lands for recreational purposes shall be made without monetary

consideration, for a period up to twenty-five years, and, at the discretion of the Secretary, with a privilege of renewal for a like period, (c) sell such land to a nonprofit corporation or nonprofit association, for the purpose for which the land has been classified, at

a price to be fixed by the Secretary of the Interior through appraisal, after taking into consideration the purpose for which the

lands are to be used, or (d) lease such land to a nonprofit corporation or nonprofit association at a reasonable annual rental, for a

period up to twenty years, and, at the discretion of the Secretary,

with a privilege of renewal for a like period. Each patent or lease

so issued shall contain a reservation to the United States of all

mineral deposits in the lands conveyed or leased and of the right

to mine and remove the same, under applicable laws and regulations to be established by the Secretary. Each lease shall contain

a provision for its termination upon a finding by the Secretary that

the land has not been used by the lessee for the purpose specified

in the lease for such period, not over five years, as may be specified

in the lease, or that such land or any part thereof is being devoted

to another use.

SEC. 3. ø43 U.S.C. 869–2¿ (a) Title to lands conveyed by the

Government under this Act may not be transferred by the grantee

or its successor except, with the consent of the Secretary of the Interior, to a transferee which would be a qualified grantee under

section 2 (a) or (c) and subject to the acreage limitation contained

in section 1 (b) of this Act. A grantee or its successor may not

change the use specified in the conveyance to another or additional

use except, with the consent of the Secretary, to a use for which

such grantee or its successor could obtain a conveyance under this

Act. If at any time after the lands are conveyed by the Government, the grantee or its successor attempts to transfer title to or

control over these lands to another or the lands are devoted to a

use other than that for which the lands were conveyed, without the

consent of the Secretary, title to the lands shall revert to the

United States.

(b) NEW DISPOSAL SITES.—(1) Notwithstanding the provisions

of subsection (a) of this section, if the Secretary receives an application for conveyance of land under this Act for the express purpose

of solid waste disposal or for another purpose which the Secretary

finds may include the disposal, placement, or release of any hazardous substance, the Secretary may convey such land subject only

to the provisions of this subsection.

(2) Prior to issuance of any conveyance of land under this subsection the Secretary shall investigate the land covered by an application for such conveyance to determine whether or not any hazardous substance is present on such land. Such investigation shall

include a review of any available records as to the use of such land

and all appropriate analysis of the soil, water and air associated

with such land. No land shall be conveyed under this subsection if

such investigation indicates that any hazardous substance is

present on such land.
Sec. 3 RECREATION AND PUBLIC PURPOSES ACT 33–6

(3) No application for conveyance under this subsection shall

be acted on by the Secretary until the applicant has furnished evidence, satisfactory to the Secretary, that a copy of the application

and information concerning the proposed use of the land covered by

the application has been provided to the Environmental Protection

Agency and to all other State and Federal agencies with responsibility for enforcement of State and Federal laws applicable to lands

used for the disposal, placement, or release of solid waste or any

hazardous substance.

(4) No application for conveyance under this subsection shall

be acted on by the Secretary until the applicant has given a warranty that use of the land covered by the application will be consistent with all applicable State and Federal laws, including laws

dealing with the disposal, placement, or release of hazardous substances, and that the applicant will hold the United States harmless from any liability that may arise out of any violation of any

such law.

(5) A conveyance under this subsection shall be made to the extent that the applicant has demonstrated to the Secretary that the

land covered by an application meets all applicable State and local

requirements and is appropriate in character and reasonable in

acreage in order to meet an existing or reasonably anticipated need

for solid waste disposal or for another proposed use that the Secretary finds may include the disposal, placement, or release of any

hazardous substance.

(6) A conveyance under this subsection shall be subject to the

following conditions:

(A) Except as otherwise provided in subparagraphs (B) and

(D) of this paragraph, the document of conveyance shall provide that the lands conveyed under this subsection shall revert

to the United States, unless substantially all of the lands have

been used, on or before the date five years after the date of

conveyance, for the purpose or purposes specified in the application, or for other use or uses authorized under section 3(a)

with the consent of the Secretary.

(B) In the event that at any time after such conveyance

any portion of such lands has not been used for the purpose

or purposes specified in the application, and the party to whom

such lands were conveyed by the Secretary shall transfer ownership of such unused portion to any other party, the party to

whom such lands were conveyed by the Secretary shall be liable to pay the Secretary, on behalf of the United States, the

fair market value of such transferred portion as of the date of

such transfer, including the value of any improvements thereon. Subject to appropriations, all amounts received by the Secretary under this subparagraph shall be retained by the Secretary and used for the management of public lands and shall

remain available until expended.

(C) Pricing for conveyances of land under this subsection

shall be in accordance with the provisions of section 2 of this

Act, except that no compensation shall be required for the inclusion of only the limited reverter specified in this paragraph.

(D) Each patent issued under this subsection shall specify

that no portion of the lands covered by such patent shall under

any circumstances revert to the United States if such portion
33–7 Sec. 6 RECREATION AND PUBLIC PURPOSES ACT

has been used for solid waste disposal or for any other purpose

that the Secretary finds may result in the disposal, placement,

or release of any hazardous substance.

(7) For purposes of this section the term ‘hazardous substance’

has the same meaning as such term has when used in the Comprehensive Environmental Response, Compensation, and Liability

Act (42 U.S.C. 9601 et seq.).

(c) EXISTING DISPOSAL SITES.—(1) Upon the application or with

the concurrence of any party to whom the Secretary, prior to the

date of enactment of this subsection, conveyed land under this Act,

the Secretary may renounce the reversionary interests of the

United States in such land, or portion thereof, if the Secretary

finds that such land, or portion thereof, has been used for solid

waste disposal or for any other purpose which the Secretary finds

may result in the disposal, placement, or release of any hazardous

substance, and the Secretary may rescind any portion of any patent

or other instrument of conveyance inconsistent with such renunciation. After such renunciation, affected lands shall not under any

circumstances revert to the United States by the operation of law,

and shall cease to be subject to the provisions of subsection (a) of

this section.

(2) Upon the application or with the concurrence of a party to

whom the Secretary, prior to the date of enactment of this subsection, leased lands pursuant to this Act, the Secretary may convey in fee the lands covered by such lease or any portion thereof

which have been used for solid waste disposal or for any other purpose that the Secretary finds may result in the disposal, placement,

or release of any hazardous substance. Notwithstanding any other

provision of this Act, a patent issued pursuant to this paragraph

shall not contain a reverter provision and the lands covered by

such patent shall not under any circumstances revert to the United

States by operation of law after the issuance of such patent and

shall not be subject to the provisions of subsection (a) of this section.

SEC. 4. ø43 U.S.C. 869–3¿ The Secretary may authorize transfers of title or changes in use in accordance with the provisions of

section 3 of this Act with respect to any patent heretofore issued

under any Act upon application by a patentee qualified to obtain

a conveyance under section 2 (a) or (c) of this Act. If the Secretary,

pursuant to such an application, authorizes such transfer or use,

all reverter provisions and other limitations on transfer or use,

under this or any other Act affecting the lands involved, shall cease

to be in effect twenty-five years after the Secretary authorizes the

transfer or use for a changed or additional purpose under the provisions of this section.

SEC. 5. [Omitted-Amendments]

SEC. 6. ø43 U.S.C. 869–4¿ All moneys received from or on account of any revested Oregon and California Railroad grant lands

or reconveyed Coos Bay Wagon Road grant lands under this Act

shall be deposited respectively in the Oregon and California landgrant fund and the Coos Bay Wagon Road grant fund, and shall

be applied in the manner prescribed respectively by title II of the

Act of August 28, 1937 (50 Stat. 875), as amended (43 U.S.C.

1181f), and by the Act of May 24, 1939 (53 Stat. 753).
41–1

PART V—LAND AND WATER CONSERVATION FUND AND

RELATED LAWS

41. LAND AND WATER CONSERVATION FUND ACT OF

1965

[As Amended Through Public Law 106–580, Dec. 31, 2000]

41–3

1The Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4—460l–11), as set

forth herein, consists of Public Law 88–578 (Sept. 3, 1964) and amendments thereto. Pursuant

to section 2(b) of the Act of August 8, 1953 (16 U.S.C. 1c(b)), the provisions of the Land and

Water Conservation Fund Act of 1965 apply to all areas of the National Park System to the

extent the provisions are not in conflict with specific provisions applicable to a particular unit

of the National Park System. 2The reference in section 2(a) is set forth as it appears in the original public law. The reference was probably intended to refer to subsections (b) through (e) of section 485.

41. LAND AND WATER CONSERVATION FUND ACT OF

1965 1

AN ACT To establish a land and water conservation fund to assist the States and

Federal agencies in meeting present and future outdoor recreation demands and

needs of the American people, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

TITLE I—LAND AND WATER CONSERVATION PROVISIONS

SHORT TITLE AND STATEMENT OF PURPOSES

SECTION 1. ø16 U.S.C 460l–4¿ (a) CITATION; EFFECTIVE

DATE.—This Act may be cited as the ‘‘Land and Water Conservation Fund Act of 1965’’ and shall become effective on January 1,

1965.

(b) PURPOSES.—The purposes of this Act 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.

CERTAIN REVENUES PLACED IN SEPARATE FUND

SEC. 2. ø16 U.S.C 460l–5¿ SEPARATE FUND.—During the period

ending September 30, 2015, there shall be covered into the land

and water conservation fund in the Treasury of the United States,

which fund is hereby established and is hereinafter referred to as

the ‘‘fund’’, the following revenues and collections:

(a) SURPLUS PROPERTY SALES.—All proceeds (except so much

thereof as may be otherwise obligated, credited, or paid under authority of those provisions of law set forth in section 485(b)(e), 2

title 40, United States Code, or the Independent Offices Appropriation Act, 1963 (76 Stat. 725) or in any later appropriation Act)
Sec. 4 LAND AND WATER CONSERVATION FUND 41–4

1Public Law 100–55 (101 Stat. 371; 16 U.S.C. 460l–6a note) provided as follows:

‘‘That, notwithstanding any other provision of law, after the date of the 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.’’

hereafter received from any disposal of surplus real property and

related personal property under the Federal Property and Administrative Services Act of 1949, as amended, notwithstanding any provision of law that such proceeds shall be credited to miscellaneous

receipts of the Treasury. Nothing in this Act 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 201 of this Act.

(c)(1) OTHER REVENUES.—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 3 of this Act, 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 Act.

SEC. 3. ø16 U.S.C 460l–6¿ APPROPRIATIONS.—Moneys covered

into the fund shall be available for expenditure for the purposes of

this Act 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 4(i)(1) may be obligated or expended only

as provided in this Act.

ADMISSION AND USE FEES; ESTABLISHMENT AND REGULATIONS

SEC. 4. (a) ø16 U.S.C 460l–6a¿ ADMISSION FEES. 1—Entrance or

admission fees shall be charged only at designated units of the National Park System or National Conservation Areas administered

by the Department of the Interior and National Recreation Areas,

National Monuments, National Volcanic Monuments, National Scenic Areas, and no more than 21 areas of concentrated public use

administered by the Department of Agriculture. For purposes of

this subsection, the term ‘‘area of concentrated public use’’ means

an area that is managed primarily for outdoor recreation purposes,

contains at least one major recreation attraction, where facilities

and services necessary to accommodate heavy public use are pro-
41–5 Sec. 4 LAND AND WATER CONSERVATION FUND

1 Clause (ii) should be moved 2-ems to the right so as to align the clause with clause (i).

vided, and public access to the area is provided in such a manner

that admission fees can be efficiently collected at one or more centralized locations. No admission fees of any kind shall be charged

or imposed for entrance into any other federally owned areas which

are operated and maintained by a Federal agency and used for outdoor recreation purposes.

(1)(A)(i) For admission into any such designated area, an

annual admission permit (to be known as the Golden Eagle

Passport) shall be available, for a fee of not more than $25.

The permittee and any person accompanying him in a single,

private noncommercial vehicle, or alternatively, the permittee

and his spouse, children, and parents accompanying him where

entry to the area is by any means other than private, noncommercial vehicle, shall be entitled to general admission into

any area designated pursuant to this subsection. The annual

permit shall be valid for a period of 12 months from the date

the annual fee is paid. The annual permit shall not authorize

any uses for which additional fees are charged pursuant to

subsections (b) and (c) of this section. The annual permit shall

be nontransferable and the unlawful use thereof shall be punishable in accordance with regulations established pursuant to

subsection (e). The annual permit shall be available for purchase at any such designated area.

(ii) 1 The Secretary of the Interior and the Secretary of Agriculture may authorize businesses, nonprofit entities, and other organizations to sell and collect fees for the Golden Eagle Passport

subject to such terms and conditions as the Secretaries may jointly

prescribe. The Secretaries shall develop detailed guidelines for promotional advertising of non-Federal Golden Eagle Passport sales

and shall monitor compliance with such guidelines. The Secretaries

may authorize the sellers to withhold amounts up to, but not exceeding 8 percent of the gross fees collected from the sale of such

passports as reimbursement for actual expenses of the sales. Receipts from such non-Federal sales of the Golden Eagle Passport

shall be deposited into the special account established in subsection

(i), to be allocated between the Secretary of the Interior and the

Secretary of Agriculture in the same ratio as receipts from admission into Federal fee areas administered by the Secretary of Agriculture and the Secretary of the Interior pursuant to subsection (a).

(B) For admission into a specific designated unit of the National Park System, or into several specific units located in a

particular geographic area, the Secretary is authorized to make

available an annual admission permit for a reasonable fee. The

fee shall not exceed $15 regardless of how many units of the

park system are covered. The permit shall convey the privileges of, and shall be subject to the same terms and conditions

as, the Golden Eagle Passport, except that it shall be valid

only for admission into the specific unit or units of the National Park System indicated at the time of purchase.

(2) Reasonable admission fees for a single visit at any designated area shall be established by the administering Secretary for persons who choose not to purchase the annual permit. A ‘‘single visit’’ means more or less continuous stay within
Sec. 4 LAND AND WATER CONSERVATION FUND 41–6

a designated area. Payment of a single visit admission fee shall

authorize exits from and reentries to a single designated area

for a period of from one to fifteen days, such period to be defined for each designated area by the administering Secretary

based upon a determination of the period of time reasonably

and ordinarily necessary for such a single visit. The fee for a

single-visit permit at any designated area applicable to those

persons entering by private, noncommercial vehicle shall be no

more than $5 per vehicle. The single-visit permit shall admit

the permittee and all persons accompanying him in a single vehicle. The fee for a single-visit permit at any designated area

applicable to those persons entering by any means other than

a private noncommercial vehicle shall be no more than $3 per

person. Except as otherwise provided in this subsection, the

maximum fee amounts set forth in this paragraph shall apply

to all designated areas.

(3) No admission fee shall be charged for travel by private,

noncommercial vehicle over any national parkway or any road

or highway established as a part of the National Federal Aid

System, as defined in section 101, title 23, United States Code,

which is commonly used by the public as a means of travel between two places either or both of which are outside the area.

Nor shall any fee be charged for travel by private, noncommercial vehicle over any road or highway to any land in which

such person has any property right if such land is within any

such designated area. In the Smoky Mountains National Park,

unless fees are charged for entrance into said park on main

highways and thoroughfares, fees shall not be charged for entrance on other routes into said park or any part thereof. Notwithstanding any other provision of this Act, no admission fee

may be charged at any unit of the National Park System which

provides significant outdoor recreation opportunities in an

urban environment and to which access is publicly available at

multiple locations.

(4) The Secretary of the Interior and the Secretary of Agriculture shall establish procedures providing for the issuance of

a lifetime admission permit (to be known as the ‘‘Golden Age

Passport’’) to any citizen of, or person domiciled in, the United

States sixty-two years of age or older applying for such permit.

Such permit shall be nontransferable, shall be issued for a onetime charge of $10, and shall entitle the permittee and any

person accompanying him in a single, private, noncommercial

vehicle, or alternatively, the permittee and his spouse and children accompanying him where entry to the area is by any

means other than private, noncommercial vehicle, to general

admission into any area designated pursuant to this subsection. No other free permits shall be issued to any person:

Provided, That no fees of any kind shall be collected from any

persons who have a right of access for hunting or fishing privileges under a specific provision of law or treaty or who are engaged in the conduct of official Federal, State, or local Government business and Provided further, That for no more than

three years after the date of enactment of this Act, visitors to

the United States will be granted entrance, without charge, to
41–7 Sec. 4 LAND AND WATER CONSERVATION FUND

any designated admission fee area upon presentation of a valid

passport.

(5) The Secretary of the Interior and the Secretary of Agriculture shall establish procedures providing for the issuance of

a lifetime admission permit to any citizen of, or person domiciled in, the United States, if such citizen or person applies for

such permit, and is blind or permanently disabled. Such procedures shall assure that such permit shall be issued only to persons who have been medically determined to be blind or permanently disabled for purposes of receiving benefits under

Federal law as a result of said blindness or permanent disability as determined by the Secretaries. Such permit shall be

nontransferable, shall be issued without charge, and shall entitle the permittee and any person accompanying him in a single, private, noncommercial vehicle, or alternatively, the permittee and his spouse and children accompanying him where

entry to the area is by any means other than private, noncommercial vehicle, to general admission into any area designated pursuant to this subsection.

(6)(A) No later than 60 days after the date of enactment

of this paragraph, the Secretary of the Interior shall submit to

the Committee on Interior and Insular Affairs of the United

States House of Representatives and the Committee on Energy

and Natural Resources of the United States Senate a report on

the entrance fees proposed to be charged at units of the National Park System. The report shall include a list of units of

the National Park System and the entrance fee proposed to be

charged at each unit. The Secretary of the Interior shall include in the report an explanation of the guidelines used in applying the criteria in subsection (d).

(B) Following submittal of the report to the respective committees, any proposed changes to matters covered in the report, including the addition or deletion of park units or the increase or decrease of fee levels at park units shall not take effect until 60 days after notice of the proposed change has been

submitted to the committees.

(7) No admission fee may be charged at any unit of the

National Park System for admission of any person 16 years of

age or less.

(8) No admission fee may be charged at any unit of the

National Park System for admission of organized school groups

or outings conducted for educational purposes by schools or

other bona fide educational institutions.

(9) No admission fee may be charged at the following units

of the National Park System: U.S.S. Arizona Memorial, Independence National Historical Park, any unit of the National

Park System within the District of Columbia, Arlington

House—Robert E. Lee National Memorial, San Juan National

Historic Site, and Canaveral National Seashore.

(10) For each unit of the National Park System where an

admission fee is collected, the Director shall annually designate at least one day during periods of high visitation as a

‘‘Fee-Free Day’’ when no admission fee shall be charged.

(11) In the case of the following parks, the fee for a singlevisit permit applicable to those persons entering by private,
Sec. 4 LAND AND WATER CONSERVATION FUND 41–8

noncommercial vehicle (the permittee and all persons accompanying him in a single vehicle) shall be no more than $10 per

vehicle and the fee for a single-visit permit applicable to persons entering by any means other than a private noncommercial vehicle shall be no more than $5 per person: Yellowstone

National Park and Grand Teton National Park and after the

end of fiscal year 1990, Grand Canyon National Park. In the

case of Yellowstone and Grand Teton, a single-visit fee collected at one unit shall also admit the vehicle or person who

paid such fee for a single-visit to the other unit.

(12) Notwithstanding section 203 of the Alaska National

Interest Lands Conservation Act, the Secretary may charge an

admission fee under this section at Denali National Park and

Preserve in Alaska.

(b) RECREATION USE FEES.—Each Federal agency developing,

administering, providing or furnishing at Federal expense, specialized outdoor recreation sites, facilities, equipment, or services shall,

in accordance with this subsection and subsection (d) of this section, provide for the collection of daily recreation use fees at the

place of use or any reasonably convenient location: Provided, That

in no event shall there be a charge by any such agency for the use,

either singly or in any combination, of drinking water, wayside exhibits, roads, overlook sites, visitors’ centers, scenic drives, or toilet

facilities, nor shall there be any such charge solely for the use of

picnic tables: Provided, That in no event shall there be a charge

for the use of any campground not having a majority of the following: tent or trailer spaces, picnic tables, drinking water, access

road, refuse containers, toilet facilities, personal collection of the

fee by an employee or agent of the Federal agency operating the

facility, reasonable visitor protection, and simple devices for containing a campfire (where campfires are permitted). For the purposes of this subsection, the term ‘‘specialized outdoor recreation

sites’’ includes, but is not limited to, campgrounds, swimming sites,

boat launch facilities, and managed parking lots. Any Golden Age

Passport permittee, or permittee under paragraph (5) of subsection

(a) of this section, shall be entitled upon presentation of such permit to utilize such special recreation facilities at a rate of 50 per

centum of the established use fee.

(c) RECREATION PERMITS.—Special recreation permits for uses

such as group activities, recreation events, motorized recreation vehicles, and other specialized recreation uses may be issued in accordance with procedures and at fees established by the agency involved.

(d) All fees established pursuant to this section shall be fair

and equitable, taking into consideration the direct and indirect cost

to the Government, the benefits to the recipient, the public policy

or interest served, the comparable recreation fees charged by nonFederal public agencies, the economic and administrative feasibility

of fee collection and other pertinent factors. Clear notice that a fee

has been established pursuant to this section shall be prominently

posted at each area and at appropriate locations therein and shall

be included in publications distributed at such areas. It is the intent of this Act that comparable fees should be charged by the several Federal agencies for comparable services and facilities.
41–9 Sec. 4 LAND AND WATER CONSERVATION FUND

1The reference to United States magistrate in subsection (e) is deemed to refer to a ‘‘United

States magistrate judge’’ by operation of section 321 of Public Law 101–650, Dec. 1, 1990. 2Section 225 of the Water Resources Development Act of 1999 (Public Law 106–53; 16 U.S.C.

460l–6a note) provides as follows:

SEC. 225. RECREATION USER FEES.

(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).

(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;

Continued

(e) In accordance with the provisions of this section, the heads

of appropriate departments and agencies may prescribe rules and

regulations for areas under their administration for the collection

of any fee established pursuant to this section. Persons authorized

by the heads of such Federal agencies to enforce any such rules or

regulations issued under this subsection may, within areas under

the administration or authority of such agency head and with or,

if the offense is committed in his presence, without a warrant, arrest any person who violates such rules and regulations. Any person so arrested may be tried and sentenced by the United States

magistrate 1 specifically designated for that purpose by the court by

which he was appointed, in the same manner and subject to the

same conditions as provided in title 18, United States Code, section

3401, subsections (b), (c), (d), and (e), as amended. Any violations

of the rules and regulations issued under this subsection shall be

punishable by a fine of not more than $100.

(f) The head of any Federal agency, under such terms and conditions as he deems appropriate, may contract with any public or

private entity to provide visitor reservation services. Any such contract may provide that the contractor shall be permitted to deduct

a commission to be fixed by the agency head from the amount

charged the public for providing such services and to remit the net

proceeds therefrom to the contracting agency.

(g) Nothing in this Act shall authorize Federal hunting or fishing licenses or fees or charges for commercial or other activities not

related to recreation, nor shall it affect any rights or authority of

the States with respect to fish and wildlife, nor shall it repeal or

modify any provision of law that permits States or political subdivisions to share in the revenues from Federal lands or any provision

of law that provides that any fees or charges collected at particular

Federal areas shall be used for or credited to specific purposes or

special funds as authorized by that provision of law.

(h) øRepealed by section 1081(f) of Public Law 104–66 (109

Stat. 721).¿

(i)(1)(A) 2 Except in the case of fees collected by the United

States Fish and Wildlife Service or the Tennessee Valley Authority,
Sec. 4 LAND AND WATER CONSERVATION FUND 41–10

(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 shall be available for expenditure,

without further Act of appropriation, at the specific project from which the amount, above baseline, is collected.

Section 310 of the Omnibus Parks Technical Corrections Act of 2000 (Public Law 106–176;

114 Stat. 34; 16 U.S.C. 460l–6a note) provides as follows:

SEC. 310. NATIONAL PARK SERVICE ENTRANCE AND RECREATIONAL USE FEES.

(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. 1Section 107 of the Department of the Interior and Related Agencies Appropriations Act, 1998

(Public Law 105–83; 111 Stat. 1561; 16 U.S.C. 460l–6a note), provides as follows: ‘‘In fiscal year

1998 and thereafter, for those years in which the recreation fee demonstration program authorized in Public Law 104–134 is in effect, the fee collection support authority provided in 16

U.S.C. 460l–6(i)(1)(B) [probably should be 460l–6a(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.’’.

all receipts from fees collected pursuant to this section by any Federal agency (or by any public or private entity under contract with

a Federal agency) shall be covered into a special account for that

agency established in the Treasury of the United States. Fees collected by the Secretary of Agriculture pursuant to this subsection

shall continue to be available for the purposes of distribution to

States and counties in accordance with applicable law.

(B) 1 Notwithstanding subparagraph (A), in any fiscal year, the

Secretary of Agriculture and the Secretary of the Interior may

withhold from the special account established under subparagraph

(A) such portion of all receipts collected from fees imposed under

this section in such fiscal year as the Secretary of Agriculture or

the Secretary of the Interior, as appropriate, determines to be

equal to the fee collection costs for that fiscal year: Provided, That

such costs shall not exceed 15 percent of all receipts collected from

fees imposed under this section in that fiscal year. The amounts so

withheld shall be retained by the Secretary of Agriculture or the

Secretary of the Interior, as appropriate, and shall be available,

without further appropriation, for expenditure by the Secretary

concerned to cover fee collection costs in that fiscal year. The Secretary concerned shall deposit into the special account established

pursuant to subparagraph (A) any amounts so retained which remain unexpended and unobligated at the end of the fiscal year. For

the purposes of this subparagraph, for any fiscal year, the term

‘‘fee collection costs’’ means those costs for personnel and infrastructure directly associated with the collection of fees imposed

under this section.

(C) UNITS AT WHICH ENTRANCE FEES OR ADMISSIONS

FEES CANNOT BE COLLECTED.— (i) WITHHOLDING OF AMOUNTS.—Notwithstanding

subparagraph (A), section 315(c) of section 101(c) of
41–11 Sec. 4 LAND AND WATER CONSERVATION FUND

the Omnibus Consolidated Recessions and Appropriations Act of 1996 (16 U.S.C. 460l–6a note; Public Law

104–134), or 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 subparagraph (A) 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) Amounts covered into the special account for each agency

during each fiscal year shall, after the end of such fiscal year, be

available for appropriation solely for the purposes and in the manner provided in this subsection. No funds shall be transferred from

fee receipts made available under this Act to each unit of the national park system: Provided, however, That in making appropriations, funds derived from such fees may be used for any purpose

authorized therein. Funds credited to the special account shall remain available until expended.

(3) For agencies other than the National Park Service, such

funds shall be made available for resource protection, research, interpretation, and maintenance activities related to resource protection in areas managed by that agency at which outdoor recreation

is available. To the extent feasible, such funds should be used for

purposes (as provided for in this paragraph) which are directly related to the activities which generated the funds, including but not

limited to water-based recreational activities and camping.

(4) Amounts covered into the special account for the National

Park Service shall be allocated among park system units in accordance with subsection (j) for obligation or expenditure by the Director of the National Park Service for the following purposes:

(A) In the case of receipts from the collection of admission

fees: for resource protection, research, and interpretation at

units of the National Park System.

(B) In the case of receipts from the collection of user fees:

for resource protection, research, interpretation, and maintenance activities related to resource protection at units of the

National Park System.

(j)(1) 10 percent of the funds made available to the Director of

the National Park Service under subsection (i) 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) in each fiscal year
Sec. 4 LAND AND WATER CONSERVATION FUND 41–12

shall be allocated among units of the National Park System in accordance with paragraph (3) of this subsection and 50 percent shall

be allocated in accordance with paragraph (4) of this subsection.

(3) The amount allocated to each unit under this paragraph for

each fiscal year shall be a fraction of the total allocation to all units

under this paragraph. The fraction for each unit shall be determined by dividing the operating expenses at that unit during the

prior fiscal year by the total operating expenses at all units during

the prior fiscal year.

(4) The amount allocated to each unit under this paragraph for

each fiscal year shall be a fraction of the total allocation to all units

under this paragraph. The fraction for each unit shall be determined by dividing the user fees and admission fees collected under

this section at that unit during the prior fiscal year by the total

of user fees and admission fees collected under this section at all

units during the prior fiscal year.

(5) Amounts allocated under this subsection to any unit for any

fiscal year and not expended in that fiscal year shall remain available for expenditure at that unit until expended.

(k) 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)(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).

(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) 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
41–13 Sec. 5 LAND AND WATER CONSERVATION FUND

the retained amount shall be expended only for activities related

to resource protection at such units.

(m) 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).

(n)(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).

(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) 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).

ALLOCATION OF LAND AND WATER CONSERVATION FUND FOR STATE

AND FEDERAL PURPOSES

SEC. 5. ø16 U.S.C 460l–7¿ ALLOCATION.—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.
Sec. 6 LAND AND WATER CONSERVATION FUND 41–14

1In subsection (b)(1) a period probably should replace ‘‘; and’’.

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 2 of this Act. 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.

FINANCIAL ASSISTANCE TO STATES

SEC. 6. ø16 U.S.C 460l–8¿ GENERAL AUTHORITY; PURPOSES.— (a) 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 Act, for outdoor

recreation: (1) planning, (2) acquisition of land, waters, or interests

in land or waters, or (3) development.

(b) APPORTIONMENT AMONG STATES; NOTIFICATION.—Sums appropriated and available for State purposes for each fiscal year

shall be apportioned among the several States by the Secretary,

whose determination shall be final, in accordance with the following formula: (1) Forty per centum of the first $225,000,000; thirty per centum of the next $275,000,000; and twenty per centum of all

additional appropriations shall be apportioned equally among

the several States; and 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 Act. 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.
41–15 Sec. 6 LAND AND WATER CONSERVATION FUND

(4) The Secretary shall notify each State of its apportionments; and the amounts thereof shall be available thereafter

for payment to such State for planning, acquisition, or development projects as hereafter prescribed. Any amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in which such notification is given

and for two fiscal years thereafter shall be reapportioned by

the Secretary in accordance with paragraph (2) of this subsection, without regard to the 10 per centum limitation to an

individual State specified in this subsection.

(5) For the purposes of paragraph (1) of this subsection,

the District of Columbia, Puerto Rico, the Virgin Islands,

Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (when such islands achieve Commonwealth status) shall be treated collectively as one State, and

shall receive shares of such apportionment in proportion to

their populations. The above listed areas shall be treated as

States for all other purposes of this title.

(c) MATCHING REQUIREMENTS.—Payments to any State shall

cover not more than 50 per centum of the cost of planning, acquisition, or development projects that are undertaken by the State. The

remaining share of the cost shall be borne by the State in a manner and with such funds or services as shall be satisfactory to the

Secretary. No payment may be made to any State for or on account

of any cost or obligation incurred or any service rendered prior to

the date of approval of this Act.

(d) COMPREHENSIVE STATE PLAN REQUIRED; PLANNING

PROJECTS.—A comprehensive statewide outdoor recreation plan

shall be required prior to the consideration by the Secretary of financial assistance for acquisition or development projects. The plan

shall be adequate if, in the judgment of the Secretary, it encompasses and will promote the purposes of this Act: 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 Act;

(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 relevent 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 Act 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.
Sec. 6 LAND AND WATER CONSERVATION FUND 41–16

1 At the end of subsection (d), there should be a period.

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 301 of the Emergency Wetlands Resources Act or, if such national plan has not been completed, consistent with the provisions of that section 1

(e) PROJECTS FOR LAND AND WATER ACQUISITION; DEVELOPMENT.—In addition to assistance for planning projects, the Secretary may provide financial assistance to any State for the following types of projects or combinations thereof if they are in accordance with the State comprehensive plan:

(1) ACQUISITION OF LAND AND WATERS.—For the acquisition of land, waters, or interests in land or waters, or wetland

areas and interests therein as identified in the wetlands provisions of the comprehensive plan (other than land, waters, or

interests in land or waters acquired from the United States for

less than fair market value), but not including incidental costs

relating to acquisition.

Whenever a State provides that the owner of a single-family residence may, at his option, elect to retain a right of use

and occupancy for not less than six months from the date of

acquisition of such residence and such owner elects to retain

such a right, such owner shall be deemed to have waived any

benefits under sections 203, 204, 205, and 206 of the Uniform

Relocation Assistance and Real Property Acquisition Policies

Act of 1970 (84 Stat. 1984) and for the purposes of those sections such owner shall not be considered a displaced person as

defined in section 101(6) of that Act.

(2) DEVELOPMENT.—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 Act to enclose or shelter facilities

normally used for outdoor recreation activities, but the Secretary may permit local funding, and after the date of enactment of this proviso 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.
41–17 Sec. 6 LAND AND WATER CONSERVATION FUND

1 In paragraph (3), the period should not appear before the proviso.

(f) REQUIREMENTS FOR PROJECT APPROVAL; CONDITION.—(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 Act.

The Secretary may make payments from time to time in keeping

with the rate of progress toward the satisfactory completion of individual projects: Provided, That the approval of all projects and all

payments, or any commitments relating thereto, shall be withheld

until the Secretary receives appropriate written assurance from the

State that the State has the ability and intention to finance its

share of the cost of the particular project, and to operate and maintain by acceptable standards, at State expense, the particular properties or facilities acquired or developed for public outdoor recreation use.

(2) Payments for all projects shall be made by the Secretary to

the Governor of the State or to a State official or agency designated

by the Governor or by State law having authority and responsibility to accept and to administer funds paid hereunder for approved projects. If consistent with an approved project, funds may

be transferred by the State to a political subdivision or other appropriate public agency.

(3) No property acquired or developed with assistance under

this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation uses. The Secretary

shall approve such conversion only if he finds it to be in accord

with the then existing comprehensive statewide outdoor recreation

plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal

fair market value and or reasonably equivalent usefulness and location.: 1 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 Act, 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 Act.

(5) Each recipient of assistance under this Act 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
Sec. 6 LAND AND WATER CONSERVATION FUND 41–18

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 Act.

(7) [Paragraph (7) was repealed by section 814(d)(1)(H) of the

Omnibus Parks and Public Lands Management Act of 1996 (Public

Law 104–333; 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 Act, with other

related Federal programs and activities (including those conducted

pursuant to title VII of the Housing Act of 1961 and section 701

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), 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), the

Secretary may provide 70 percent improvement grants for
41–19 Sec. 7 LAND AND WATER CONSERVATION FUND

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.

ALLOCATION OF MONEYS FOR FEDERAL PURPOSES

SEC. 7. ø16 U.S.C 460l–9¿ (a) Moneys appropriated from the

fund for Federal purposes shall, unless otherwise allotted in the

appropriation Act making them available, be allotted by the President to the following purposes and subpurposes:

(1) For the acquisition of land, waters, or interests in land or

waters as follows:

NATIONAL PARK SYSTEM; RECREATION AREAS.—Within the

exterior boundaries of areas of the National Park System now

or hereafter authorized or established and of areas now or

hereafter authorized to be administered by the Secretary of the

Interior for outdoor recreation purposes.

NATIONAL FOREST SYSTEM.—Inholdings within (a) wilderness areas of the National Forest System, and (b) other areas

of national forests as the boundaries of those forests exist on

the effective date of this Act, or purchase units approved by

the National Forest Reservation Commission subsequent to the

date of this Act, all of which other areas are primarily of value

for outdoor recreation purposes: Provided, That lands outside

of but adjacent to an existing national forest boundary, not to

exceed three thousand acres in the case of any one forest,

which would comprise an integral part of a forest recreational

management area may also be acquired with moneys appropriated from this fund: Provided further, That except for areas

specifically authorized by Act of Congress, not more than 15

per centum of the acreage added to the National Forest System

pursuant to this section shall be west of the 100th meridian.

NATIONAL WILDLIFE REFUGE SYSTEM.—Acquisition for (a)

endangered species and threatened species authorized under

section 5(a) of the Endangered Species Act of 1973; (b) areas

authorized by section 2 of the Act of September 28, 1962, as

amended (16 U.S.C. 460k–1); (c) national wildlife refuge areas

under section 7(a)(5) of the Fish and Wildlife Act of 1956 (16

U.S.C. 742f(a)(4)) and wetlands acquired under section 304 of

the Emergency Wetlands Resources Act of 1986; (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; RECREATIONAL 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
Sec. 7 LAND AND WATER CONSERVATION FUND 41–20

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 RESTRICTION.—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)(1) BOUNDARY CHANGES: DONATIONS.—Whenever the Secretary of the Interior determines that to do so will contribute to,

and is necessary for, the proper preservation, protection, interpretation, or management of an area of the national park system, he

may, following timely notice in writing to the Committee on Resources of the House of Representatives and to the Committee on

Energy and Natural Resources of the Senate of his intention to do

so, and by publication of a revised boundary map or other description in the Federal Register, (i) make minor revisions of the boundary of the area, and moneys appropriated from the fund shall be

available for acquisition of any lands, waters, and interests therein

added to the area by such boundary revision subject to such statutory limitations, if any, on methods of acquisition and appropriations thereof as may be specifically applicable to such area; 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.
41–21 Sec. 9 LAND AND WATER CONSERVATION FUND

1Paragraph (2)(G) was added to section 7(c) of the Land and Water Conservation Fund Act

of 1965 by section 814(b)(2)(B) of the Omnibus Parks and Public Lands Management Act of 1996

(Public Law 104–333; 110 Stat. 4194). Section 129 of Public Law 106–176 (114 Stat. 30) sought

to amend paragraph (2)(G), but instead of amending section 7(c)(2)(G) of the Land and Water

Conservation Fund Act of 1965, it referred to section 814(b)(2)(G) of Public Law 104–333), which

doesn’t exist. The amendment is as follows:

SEC. 129. BOUNDARY REVISIONS.

Section 814(b)(2)(G) of Public Law 104–333 is amended by striking ‘‘are adjacent to’’ and inserting ‘‘abut’’. 1The paragraph under the heading ‘‘LAND AND WATER CONSERVATION FUND (RESCISSION)’’ in

title I of the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public

Law 106–291; 114 Stat. 930), provides as follows ‘‘The contract authority provided for fiscal year

2001 by 16 U.S.C. 460l–10a [this section 9] is rescinded.’’. Similar provisions have appeared in

previous appropriations Acts.

(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 are adjacent to 1 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.

FUNDS NOT TO BE USED FOR PUBLICITY

SEC. 8. ø16 U.S.C 460l–10¿ Moneys derived from the sources

listed in section 2 of this Act shall not be available for publicity

purposes: Provided, however, That in each case where significant

acquisition or development is initiated, appropriate standardized

temporary signing shall be located on or near the affected site, to

the extent feasible, so as to indicate the action taken is a product

of funding made available through the Land and Water Conservation Fund. Such signing may indicate the per centum and dollar

amounts financed by Federal and non-Federal funds, and that the

source of the funding includes moneys derived from Outer Continental Shelf receipts. The Secretary shall prescribe standards and

guidelines for the usage of such signing to assure consistency of design and application.

SEC. 9.1 ø16 U.S.C 460l–10a¿ Not to exceed $30,000,000 of the

money authorized to be appropriated from the fund by section 3 of

this Act may be obligated by contract during each of fiscal years

1969 and 1970 for the acquisition of lands, waters, or interests

therein within areas specified in section 7(a)(1) of this Act. 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
Sec. 10 LAND AND WATER CONSERVATION FUND 41–22

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.

SEC. 10. ø16 U.S.C 460l–10b¿ 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

3 of this Act may be expended by the Secretary in any one fiscal

year for such options.

SEC. 11. ø16 U.S.C 460l–10c¿ There is hereby repealed the

third paragraph from the end of the division entitled ‘‘National

Park Service’’ of section 1 of the Act of March 7, 1928 (45 Stat. 238)

and the second paragraph from the end of the division entitled

‘‘National Park Service’’ of section 1 of the Act of March 4, 1929

(45 Stat. 1602; 16 U.S.C. 14). 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 24, 1944 (16 U.S.C. 460d), as amended by the Flood Control Act

of 1962 (76 Stat. 1195) is further amended by deleting ‘‘, without

charge,’’ in the third sentence from the end thereof. All other provisions of law that prohibit the collection of entrance, admission, or

other recreation user fees or charge authorized by this Act or that

restrict the expenditure of funds if such fees or charges are collected are hereby also repealed: Provided, That no provision of any

law or treaty which extends to any person or class of persons a

right of free access to the shoreline of any reservoir or other body

of water, or to hunting and fishing along or on such shoreline, shall

be affected by this repealer.

SEC. 12. ø16 U.S.C 460l–10d¿ Within one year of the date of

enactment of this section, the Secretary is authorized and directed

to submit to the Committees on Interior and Insular Affairs of the

Senate and House of Representatives a comprehensive review and

report on the needs, problems, and opportunities associated with

urban recreation in highly populated regions, including the resources potentially available for meeting such needs. The report

shall include site specific analyses and alternatives, in a selection

of geographic environments representative of the Nation as a

whole, including, but not limited to, information on needs, local capabilities for action, major site opportunities, trends, and a full

range of options and alternatives as to possible solutions and

courses of action designed to preserve remaining open space, ameliorate recreational deficiency, and enhance recreational opportunity for urban populations, together with an analysis of the capability of the Federal Government to provide urban-oriented environmental education programs (including, but not limited to, cultural programs in the arts and crafts) within such options. The Secretary shall consult with, and request the views of, the affected cit-
41–23 Sec. 13 LAND AND WATER CONSERVATION FUND

ies, counties, and States on the alternatives and courses of action

identified.

SEC. 13. ø16 U.S.C. 460l–10e¿ (a) 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 the date of enactment of

this section.

(b) 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) 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.

(d) 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) 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 man-made lakes and reservoirs have been accomplished;

(2) evaluate the feasibility of enhancing recreation opportunities at federally managed lakes and reservoirs under existing statutes;
Sec. 201 LAND AND WATER CONSERVATION FUND 41–24

(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 partnershipbased 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.

TITLE II—MOTORBOAT FUEL TAX PROVISIONS

TRANSFERS TO AND FROM LAND AND WATER CONSERVATION FUND

SEC. 201. ø16 U.S.C 460l–11¿ (a) There shall be set aside in

the Land and Water Conservation Fund in the Treasury of the

United States provided for in title I of this Act the amounts specified in section 9503(c)(4)(B) of the Internal Revenue Code of 1954

(relating to special motor fuels and gasoline used in motorboats).

(b) 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, 2004, under section

6421 of the Internal Revenue Code of 1954 (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, 2003;

and

(2) 80 percent of the floor stocks refunds made before October 1, 2004, under section 6412(a)(2) of such Code with respect

to gasoline to be used in motorboats.
42–1

42. RECREATIONAL FEE DEMONSTRATION PROGRAM

Section 315 of the Department of the Interior and Related Agencies Appropriations

Act, 1996 (as contained in section 101(c) of Public Law 104–134; 110 Stat. 1321–

200; 16 U.S.C. 460l–6a note)

SEC. 315. ø16 U.S.C. 460l–6a note¿ RECREATIONAL FEE DEMONSTRATION PROGRAM.—(a) The Secretary of the Interior (acting

through the Bureau of Land Management, the National Park Service and the United States Fish and Wildlife Service) and the Secretary of Agriculture (acting through the Forest Service) shall each

implement a fee program to demonstrate the feasibility of user-generated cost recovery for the operation and maintenance of recreation areas or sites and habitat enhancement projects on Federal

lands.

(b) In carrying out the pilot program established pursuant to

this section, the appropriate Secretary shall select from areas

under the jurisdiction of each of the four agencies referred to in

subsection (a) no fewer than 10, but as many as 100, areas, sites

or projects for fee demonstration. For each such demonstration, the

Secretary, notwithstanding any other provision of law—

(1) shall charge and collect fees for admission to the area

or for the use of outdoor recreation sites, facilities, visitor centers, equipment, and services by individuals and groups, or any

combination thereof;

(2) shall establish fees under this section based upon a variety of cost recovery and fair market valuation methods to

provide a broad basis for feasibility testing;

(3) may contract, including provisions for reasonable commissions, with any public or private entity to provide visitor

services, including reservations and information, and may accept services of volunteers to collect fees charged pursuant to

paragraph (1);

(4) may encourage private investment and partnerships to

enhance the delivery of quality customer services and resource

enhancement, and provide appropriate recognition to such

partners or investors; and (5) may assess a fine of not more than $100 for any violation of the authority to collect fees for admission to the area

or for the use of outdoor recreation sites, facilities, visitor centers, equipment, and services.

(c)(1) Amounts collected at each fee demonstration area, site or

project shall be distributed as follows:

(A) Eighty percent to a special account in the Treasury for

use without further appropriation, by the agency which administers the site, to remain available for expenditure in accordance with paragraph (2)(A).

(B) Twenty percent to a special account in the Treasury for

use without further appropriation, by the agency which admin-
Sec. 315 REC. FEE DEMONSTRATION PROGRAM 42–2

1Section 107 of the Department of the Interior and Related Agencies Appropriations Act, 1998

(Public Law 105–83; 111 Stat. 1561; 16 U.S.C. 460l–6a note), provides as follows: ‘‘In fiscal year

1998 and thereafter, for those years in which the recreation fee demonstration program authorized in Public Law 104–134 is in effect, the fee collection support authority provided in 16

U.S.C. 460l–6(i)(1)(B) [probably should be 460l–6a(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.’’. 2Section 334 of the Department of the Interior and Related Agencies Appropriations Act, 2001

(Public Law 106–291; 114 Stat. 997; 16 U.S.C. 460l–6a note), provides as follows:

SEC. 334. 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, 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.

(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.

isters the site, to remain available for expenditure in accordance with paragraph (2)(B).

(C) For agencies other than the Fish and Wildlife Service

and the National Park Service, up to 15% of current year collections of each agency, but not greater than fee collection costs

for that fiscal year, to remain available for expenditure without

further appropriation in accordance with paragraph (2)(C).

(D) For agencies other than the Fish and Wildlife Service,

the balance to the special account established pursuant to subparagraph (A) of section 4(i)(1) of the Land and Water Conservation Fund Act, as amended.

(E) For the Fish and Wildlife Service, the balance shall be

available to the Secretary of the Interior until expended to be

used in accordance with clauses (i), (ii), and (iii) of section

201(c)(A) of the Emergency Wetlands Resources Act of 1986 (16

U.S.C. 3911(c)(A)).

(2)(A) Expenditures from site specific special funds shall be for

further activities of the area, site or project from which funds are

collected, and shall be accounted for separately.

(B) Expenditures from agency specific special funds shall be for

use on an agency-wide basis and shall be accounted for separately.

(C) 1 Expenditures from the fee collection support fund shall be

used to cover fee collection costs in accordance with section

4(i)(1)(B) of the Land and Water Conservation Fund Act, as amended: Provided, That funds unexpended and unobligated at the end

of the fiscal year shall not be deposited into the special account established pursuant to section 4(i)(1)(A) of said Act and shall remain

available for expenditure without further appropriation.

(3) 2 In order to increase the quality of the visitor experience

at public recreational areas and enhance the protection of resources, amounts available for expenditure under this section may

only be used for the area, site or project concerned, for backlogged

repair and maintenance projects (including projects relating to

health and safety) and for interpretation, signage, habitat or facil-
42–3 Sec. 315 REC. FEE DEMONSTRATION PROGRAM

ity enhancement, resource preservation, annual operation (including fee collection), maintenance, and law enforcement relating to

public use. The agencywide accounts may be used for the same purposes set forth in the preceding sentence, but for areas, sites or

projects selected at the discretion of the respective agency head.

(d)(1) Amounts collected under this section shall not be taken

into account for the purposes of the Act of May 23, 1908 and the

Act of March 1, 1911 (16 U.S.C. 500), the Act of March 4, 1913 (16

U.S.C. 501), the Act of July 22, 1937 (7 U.S.C. 1012), the Act of

August 8, 1937 and the Act of May 24, 1939 (43 U.S.C. 1181f et

seq.), the Act of June 14, 1926 (43 U.S.C. 869–4), chapter 69 of title

31, United States Code, section 401 of the Act of June 15, 1935 (16

U.S.C. 715s), the Land and Water Conservation Fund Act of 1965

(16 U.S.C. 460l), and any other provision of law relating to revenue

allocation.

(2) Fees charged pursuant to this section shall be in lieu of fees

charged under any other provision of law.

(e) The Secretary of the Interior and the Secretary of Agriculture shall carry out this section without promulgating regulations.

(f) The authority to collect fees under this section shall commence on October 1, 1995, and end on September 30, 2002. Funds

in accounts established shall remain available through September

30, 2005.
43–1

43. ADMISSION, ENTRANCE, AND RECREATION FEES AT

AREAS ADMINISTERED BY THE SECRETARY OF AGRICULTURE

Section 1401 of the Agricultural Reconciliation Act of 1993 (title I of Public Law

103–66; 16 U.S.C. 460l–6c)

SEC. 1401. ø16 U.S.C. 460l–6c¿ ADMISSION, ENTRANCE, AND RECREATION FEES.

(a) DEFINITIONS.—As used in this section:

(1) AREA OF CONCENTRATED PUBLIC USE.—The term ‘‘area

of concentrated public use’’ means an area administered by the

Secretary that meets each of the following criteria:

(A) The area is managed primarily for outdoor recreation purposes.

(B) Facilities and services necessary to accommodate

heavy public use are provided in the area.

(C) The area contains at least 1 major recreation attraction.

(D) Public access to the area is provided in such a

manner that admission fees can be efficiently collected at

1 or more centralized locations.

(2) BOAT LAUNCHING FACILITY.—The term ‘‘boat launching

facility’’ includes any boat launching facility, regardless of

whether specialized facilities or services, such as mechanical or

hydraulic boat lifts or facilities, are provided.

(3) CAMPGROUND.—The term ‘‘campground’’ means any

campground where a majority of the following amenities are

provided, as determined by the Secretary:

(A) Tent or trailer spaces.

(B) Drinking water.

(C) An access road.

(D) Refuse containers.

(E) Toilet facilities.

(F) The personal collection of recreation use fees by an

employee or agent of the Secretary.

(G) Reasonable visitor protection.

(H) If campfires are permitted in the campground,

simple devices for containing the fires.

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture.

(b) AUTHORITY TO IMPOSE FEES.—The Secretary may charge—

(1) admission or entrance fees at national monuments, national volcanic monuments, national scenic areas, and areas of

concentrated public use administered by the Secretary; and

(2) recreation use fees at lands administered by the Secretary in connection with the use of specialized outdoor recreation sites, equipment, services, and facilities, including visi-
Sec. 1401 FEES AT AGRICULTURE-ADMINISTERED AREAS 43–2

tors’ 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.
44–1

1Section 208 of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat.

3680; 16 U.S.C. 460d–3 note) provides as follows:

SEC. 208. RECREATION POLICY AND USER FEES.

(a) RECREATION POLICY.—

(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 [October

12, 1996], the Secretary shall transmit to Congress a report on specific measures taken to

implement this subsection.

(b) USER FEES.—[Omitted Amendment]

(c) ALTERNATIVE TO ANNUAL PASSES.—

(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 December 31, 2003.

44. RECREATIONAL USER FEES AT LAKES AND RESERVOIRS ADMINISTERED BY THE CORPS OF ENGINEERS

Section 210 of the Flood Control Act of 1968

SEC. 210. ø16 U.S.C. 460d–3¿ RECREATIONAL USER FEES. 1

(a) PROHIBITION ON ADMISSIONS FEES.—No entrance or admission fees shall be collected after March 31, 1970, by any officer or

employee of the United States at public recreation areas located at

lakes and reservoirs under the jurisdiction of the Corps of Engineers, United States Army.

(b) FEES FOR USE OF DEVELOPED RECREATION SITES AND FA- CILITIES.—

(1) ESTABLISHMENT AND COLLECTION.—Notwithstanding

section 4(b) of the Land and Water Conservation Fund Act of

1965 (16 U.S.C. 460l–6a(b)), 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
Sec. 210 FEES AT ARMY ENGINEER-ADMINISTERED AREAS 44–2

or facility or any other site or facility at which a fee is charged

for use of the site or facility as of the date of the enactment

of this paragraph) 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 4(i) of

the Land and Water Conservation Fund Act of 1965 (16 U.S.C.

460l–6a(i)) and, subject to the availability of appropriations,

shall be used for the purposes specified in section 4(i)(3) of

such Act at the water resources development project at which

the fees were collected.
45–1

45. AUTHORITY FOR THE SECRETARY OF THE INTERIOR

AND THE SECRETARY OF AGRICULTURE TO ESTABLISH A FEE SYSTEM FOR COMMERCIAL FILMING ACTIVITIES ON FEDERAL LAND

Public Law 106–206; approved May 26, 2000; 114 Stat. 314

SECTION 1. ø16 U.S.C. 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).

(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.
Sec. 1 FEES FOR COMMERCIAL FILMING 45–2

(e) USE OF PROCEEDS.—(1) All fees collected under this Act

shall be available for expenditure by the Secretary, 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 Act 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.
46–1

46. FEES FOR USE OF NATIONAL PARK SYSTEM

Title V of the National Parks Omnibus Management Act of 1998 (Public Law 105–

391; 112 Stat. 3518; 16 U.S.C. 5981 and 5982)

TITLE V—FEES FOR USE OF NATIONAL

PARK SYSTEM

SEC. 501. ø16 U.S.C. 5981¿ FEES.

Notwithstanding any other provision of law, where the National Park Service or an entity under a service contract with the

National Park Service provides transportation to all or a portion of

any unit of the National Park System, the Secretary may impose

a reasonable and appropriate charge to the public for the use of

such transportation services in addition to any admission fee required to be paid. Collection of both the transportation and admission fees may occur at the transportation staging area or any other

reasonably convenient location determined by the Secretary. The

Secretary may enter into agreements with public or private entities, who qualify to the Secretary’s satisfaction, to collect the transportation and admission fee. Such transportation fees collected as

per this section shall be retained by the unit of the National Park

System at which the transportation fee was collected and the

amount retained shall be expended only for costs associated with

the transportation systems at the unit where the charge was imposed.

SEC. 502. ø16 U.S.C. 5982¿ DISTRIBUTION OF GOLDEN EAGLE PASSPORT

SALES.

Not later than 6 months after the date of enactment of this

title, the Secretary of the Interior and the Secretary of Agriculture

shall enter into an agreement providing for an apportionment

among each agency of all proceeds derived from the sale of Golden

Eagle Passports by private vendors. Such proceeds shall be apportioned to each agency on the basis of the ratio of each agency’s total

revenue from admission fees collected during the previous fiscal

year to the sum of all revenue from admission fees collected during

the previous fiscal year for all agencies participating in the Golden

Eagle Passport Program.
47–1

47. NATIONAL PARK PASSPORT PROGRAM

Title VI of the National Parks Omnibus Management Act of 1998 (Public Law 105–

391; 112 Stat. 3518; 16 U.S.C. 5991 et seq.)

TITLE VI—NATIONAL PARK PASSPORT

PROGRAM

SEC. 601. ø16 U.S.C. 5991¿ PURPOSES.

The purposes of this title are—

(1) to develop a national park passport that includes a collectible stamp to be used for admission to units of the National

Park System; and

(2) to generate revenue for support of the National Park

System.

SEC. 602. ø16 U.S.C. 5992¿ NATIONAL PARK PASSPORT PROGRAM.

(a) PROGRAM.—The Secretary shall establish a national park

passport program. A national park passport shall include a collectible stamp providing the holder admission to all units of the National Park System.

(b) EFFECTIVE PERIOD.—A national park passport stamp shall

be effective for a period of 12 months from the date of purchase.

(c) TRANSFERABILITY.—A national park passport and stamp

shall not be transferable.

SEC. 603. ø16 U.S.C. 5993¿ ADMINISTRATION.

(a) STAMP DESIGN COMPETITION.—(1) The Secretary shall hold

an annual competition for the design of the collectible stamp to be

affixed to the national park passport.

(2) Each competition shall be open to the public and shall be

a means to educate the American people about the National Park

System.

(b) SALE OF PASSPORTS AND STAMPS.—(1) National park passports and stamps shall be sold through the National Park Service

and may be sold by private vendors on consignment in accordance

with guidelines established by the Secretary.

(2) A private vendor may be allowed to collect a commission on

each national park passport (including stamp) sold, as determined

by the Secretary.

(3) The Secretary may limit the number of private vendors of

national park passports (including stamps).

(c) USE OF PROCEEDS.—

(1) The Secretary may use not more than 15 percent of the

revenues derived from the sale of national park passports (including stamps) to administer and promote the national park

passport program and the National Park System.
Sec. 604 NATIONAL PARK PASSPORT PROGRAM 47–2

(2) Net proceeds from the sale of national park passports

shall be deposited in a special account in the Treasury of the

United States and shall remain available until expended, without further appropriation, for high priority visitor service or resource management projects throughout the National Park

System.

(d) AGREEMENTS.—The Secretary may enter into cooperative

agreements with the National Park Foundation and other interested parties to provide for the development and implementation of

the national park passport program and the Secretary shall take

such actions as are appropriate to actively market national park

passports and stamps.

(e) FEE.—The fee for a national park passport and stamp shall

be $50.

SEC. 604. ø16 U.S.C. 5994¿ FOREIGN SALES OF GOLDEN EAGLE PASSPORTS.

The Secretary of Interior shall—

(1) make Golden Eagle Passports issued under section

4(a)(1)(A) of the Land and Water Conservation Fund Act of

1965 (16 U.S.C. 460l–6a(a)(1)(A)) or the Recreational Fee Demonstration Program authorized by section 315 of the Department of the Interior and Related Agencies Appropriations Act,

1996 (section 101(c) of Public Law 104–134; 16 U.S.C. 460l–6a

note), available to foreign visitors to the United States; and

(2) make such Golden Eagle Passports available for purchase outside the United States, through commercial tourism

channels and consulates or other offices of the United States.

SEC. 605. ø16 U.S.C. 5995¿ EFFECT ON OTHER LAWS AND PROGRAMS.

(a) PARK PASSPORT NOT REQUIRED.—A national park passport

shall not be required for—

(1) a single visit to a national park that charges a single

visit admission fee under section 4(a)(2) of the Land and Water

Conservation Fund Act of 1965 (16 U.S.C. 460l–6a(a)(2)) or the

Recreational Fee Demonstration Program authorized by section

315 of the Department of the Interior and Related Agencies

Appropriations Act, 1996 (section 101(c) of Public Law 104–

134; 16 U.S.C. 460l–6a note); or

(2) an individual who has obtained a Golden Age or Golden

Access Passport under paragraph (4) or (5) of section 4(a) of

the Land and Water Conservation Fund Act of 1965 (16 U.S.C.

460l–6a(a)).

(b) GOLDEN EAGLE PASSPORTS.—A Golden Eagle Passport

issued under section 4(a)(1)(A) of the Land and Water Conservation

Fund Act of 1965 (16 U.S.C. 460l–6a(a)(1)(A)) or such Recreational

Fee Demonstration Program (16 U.S.C. 460l–6a note) shall be honored for admission to each unit of the National Park System.

(c) ACCESS.—A national park passport shall provide access to

each unit of the National Park System under the same conditions,

rules, and regulations as apply to access with a Golden Eagle Passport as of the date of enactment of this title.

(d) LIMITATIONS.—A national park passport may not be used to

obtain access to other Federal recreation fee areas outside of the

National Park System.
47–3 Sec. 605 NATIONAL PARK PASSPORT PROGRAM

(e) EXEMPTIONS AND FEES.—A national park passport does not

exempt the holder from or provide the holder any discount on any

recreation use fee imposed under section 4(b) of the Land and

Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a(b)) or

such Recreational Fee Demonstration Program (16 U.S.C. 460l–6a

note).
48–1

48. CABIN USER FEE FAIRNESS ACT OF 2000

Title VI of the Department of the Interior and Related Agencies Appropriations Act,

2001 (Public Law 106–291; 114 Stat. 1014)

TITLE VI—USER FEES UNDER FOREST SYSTEM

RECREATION RESIDENCE PROGRAM

SEC. 601. ø16 U.S.C. 6201 note¿ SHORT TITLE.

This title may be cited as the ‘‘Cabin User Fee Fairness Act

of 2000’’.

SEC. 602. ø16 U.S.C. 6201¿ FINDINGS.

Congress finds that—

(1) cabins located on forest land have provided a unique

recreation experience to a large number of cabin owners, their

families, and guests each year since Congress authorized the

recreation residence program in 1915; and

(2) the fact that current appraisal procedures have, in certain circumstances, been inconsistently applied in determining

fair market values for residential lots demonstrates that problems exist in accurately reflecting market values.

SEC. 603. ø16 U.S.C. 6202¿ PURPOSES.

The purposes of this title are—

(1) to ensure, to the maximum extent practicable, that the

National Forest System recreation residence program is managed to preserve the opportunity for individual and family-oriented recreation; and

(2) to develop and implement a more consistent procedure

for determining cabin user fees, taking into consideration the

limitations of an authorization and other relevant market factors.

SEC. 604. ø16 U.S.C. 6203¿ DEFINITIONS.

In this title:

(1) AGENCY.—The term ‘‘agency’’ means the Forest Service.

(2) AUTHORIZATION.—The term ‘‘authorization’’ means a

special use permit for the use and occupancy of National Forest System land by a cabin owner under the authority of the

program.

(3) BASE CABIN USER FEE.—The term ‘‘base cabin user fee’’

means the fee for an authorization that results from the appraisal of a lot as determined in accordance with sections 606

and 607.

(4) CABIN.—The term ‘‘cabin’’ means a privately built and

owned recreation residence that is authorized for use and occupancy on National Forest System land.

(5) CABIN OWNER.—The term ‘‘cabin owner’’ means—
Sec. 605 CABIN USER FEES 48–2

(A) a person authorized by the agency to use and to

occupy a cabin on National Forest System land; and

(B) an heir or assign of such a person.

(6) CABIN USER FEE.—The term ‘‘cabin user fee’’ means a

special use fee paid annually by a cabin owner to the Secretary

in accordance with this title.

(7) CARETAKER CABIN.—The term ‘‘caretaker cabin’’ means

a caretaker residence occupied in limited cases in which caretaker services are necessary to maintain the security of a tract.

(8) CURRENT CABIN USER FEE.—The term ‘‘current cabin

user fee’’ means the most recent cabin user fee that results

from an annual adjustment to the base cabin user fee in accordance with section 608.

(9) LOT.—The term ‘‘lot’’ means a parcel of land in the National Forest System—

(A) on which a cabin owner is authorized to build, use,

occupy, and maintain a cabin and related improvements;

and

(B) that is considered to be in its natural, native state

at the time at which a use of the lot described in subparagraph (A) is first permitted by the Secretary.

(10) NATURAL, NATIVE STATE.—The term ‘‘natural, native

state’’ means the condition of a lot or site, free of any improvements, at the time at which the lot or site is first authorized

for recreation residence use by the agency.

(11) PROGRAM.—The term ‘‘program’’ means the recreation

residence program established under the authority of the last

paragraph under the heading ‘‘FOREST SERVICE’’ in the Act of

March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497).

(12) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Chief of the Forest

Service.

(13) TRACT.—The term ‘‘tract’’ means an established location within a National Forest containing 1 or more cabins authorized in accordance with the program.

(14) TRACT ASSOCIATION.—The term ‘‘tract association’’

means a cabin owner association in which all cabin owners

within a tract are eligible for membership.

(15) TYPICAL LOT.—The term ‘‘typical lot’’ means a cabin

lot, or a group of cabin lots, in a tract that is selected for use

in an appraisal as being representative of, and that has similar

value characteristics as, other lots or groups of lots within the

tract.

SEC. 605. ø16 U.S.C. 6204¿ ADMINISTRATION OF RECREATION RESIDENCE PROGRAM.

The Secretary shall ensure, to the maximum extent practicable, that the basis and procedure for calculating cabin user fees

results in a fee for an authorization that reflects, in accordance

with this title—

(1) the market value of a lot; and

(2) regional and local economic influences.
48–3 Sec. 606 CABIN USER FEES

SEC. 606. ø16 U.S.C. 6205¿ APPRAISALS.

(a) REQUIREMENTS FOR CONDUCTING APPRAISALS.—In implementing and conducting an appraisal process for determining cabin

user fees, the Secretary shall— (1) complete an inventory of improvements that were paid

for by— (A) the agency;

(B) third parties; or

(C) cabin owners (or predecessors of cabin owners),

during the completion of which the Secretary shall presume

that a cabin owner, or a predecessor of the owner, has paid for

the capital costs of any utility, access, or facility serving the lot

being appraised, unless the Forest Service produces evidence

that the agency or a third party has paid for the capital costs;

(2) establish an appraisal process to determine the market

value of the fee simple estate of a typical lot or lots considered

to be in a natural, native state, subject to subsection (b)(4)(A);

(3) enter into a contract with an appropriate professional

appraisal organization to manage the development of specific

appraisal guidelines in accordance with subsection (b), subject

to public comment and congressional review;

(4) require that an appraisal be performed by a State-certified general real estate appraiser, selected by the Secretary

and licensed to practice in the State in which the lot is located;

(5) provide the appraiser with appraisal guidelines developed in accordance with this title;

(6) notwithstanding any other provision of law, require the

appraiser to coordinate the appraisal closely with affected parties by seeking information, cooperation, and advice from cabin

owners and tract associations;

(7) require that the appraiser perform the appraisal in

compliance with—

(A) the most current edition of the Uniform Standards

of Professional Appraisal Practice in effect on the date of

the appraisal;

(B) the most current edition of the Uniform Appraisal

Standards for Federal Land Acquisitions that is in effect

on the date of the appraisal; and

(C) the specific appraisal guidelines developed in accordance with this title;

(8) require that the appraisal report—

(A) be a full narrative report, in compliance with the

reporting standards of the Uniform Standards of Professional Appraisal Practice; and

(B) comply with the reporting guidelines established

by the Uniform Appraisal Standards for Federal Land Acquisitions; and

(9) before accepting any appraisal, conduct a review of the

appraisal to ensure that the guidelines made available to the

appraiser have been followed and that the appraised values

are properly supported.

(b) SPECIFIC APPRAISAL GUIDELINES.—In the development of

specific appraisal guidelines in accordance with subsection (a)(3),

the instructions to an appraiser shall require, at a minimum, the

following:
Sec. 606 CABIN USER FEES 48–4

(1) APPRAISAL OF A TYPICAL LOT.— (A) IN GENERAL.—In conducting an appraisal under

this section, the appraiser— (i) shall not appraise each individual lot;

(ii) shall appraise a typical lot or lots, selected by

the cabin owners and the agency in a manner consistent with the policy of the program; and

(iii) shall be provided, and give appropriate consideration to, any information contained in the inventory of improvements relating to the lot being appraised.

(B) ESTIMATE OF MARKET VALUE OF TYPICAL LOT.— (i) IN GENERAL.—The appraiser shall estimate the

market value of a typical lot in accordance with this

title.

(ii) EQUIVALENCE TO LEGALLY SUBDIVIDED LOT.— In selecting a comparable sale under this title, the appraiser shall recognize that the typical lot will not

usually be equivalent to a legally subdivided lot.

(2) EXCEPTION FOR CERTAIN SALES OF LAND.—In conducting

an appraisal under this title, the appraiser— (A) shall not select sales of comparable land that are

sales of land within developed urban areas; and

(B) should not, in most circumstances, select a sale of

comparable land that includes land that is encumbered by

a conservation or recreational easement that is held by a

government or institution, except land that is limited to

use as a site for 1 home.

(3) ADJUSTMENTS FOR TYPICAL VALUE INFLUENCES.—

(A) IN GENERAL.—The appraiser shall consider, and

adjust as appropriate, the price of sales of comparable land

for all typical value influences described in subparagraph

(B).

(B) VALUE INFLUENCES.—The typical value influences

referred to in subparagraph (A) include—

(i) differences in the locations of the parcels;

(ii) accessibility, including limitations on access

attributable to—

(I) weather;

(II) the condition of roads or trails;

(III) restrictions imposed by the agency; or

(IV) other factors;

(iii) the presence of marketable timber;

(iv) limitations on, or the absence of, services such

as law enforcement, fire control, road maintenance, or

snow plowing;

(v) the condition and regulatory compliance of any

site improvements; and

(vi) any other typical value influences described in

standard appraisal literature.

(4) ADJUSTMENTS TO SALES OF COMPARABLE PARCELS.—

(A) UTILITIES, ACCESS, OR FACILITIES.—

(i) AGENCY.—Utilities, access, or facilities serving

a lot that are provided by the agency shall be included

as features of the lot being appraised.
48–5 Sec. 606 CABIN USER FEES

(ii) CABIN OWNERS.—Utilities, access, or facilities

serving a lot that are provided by the cabin owner (or

a predecessor of the cabin owner) shall not be included

as a feature of the lot being appraised.

(iii) THIRD PARTIES.—Utilities, access, or facilities

serving a lot that are provided by a third party shall

not be included as a feature of the lot being appraised

unless, in accordance with subsection (a)(1), the agency determines that the capital costs have not been or

are not being paid by the cabin owner (or a predecessor of the cabin owner).

(iv) WITHDRAWAL OF UTILITY OR ACCESS BY AGENCY.—If, during the term of an authorization, the agency or an act of God creates a substantial and materially adverse change in—

(I) the provision or maintenance of any utility

or access; or

(II) a qualitative feature of the lot or immediate surroundings,

the cabin owner shall have the right to request, and,

at the discretion of the Secretary, obtain a new determination of the base cabin user fee at the expense of

the agency.

(B) ADJUSTMENT FOR EXCLUSION.—In a case in which

any comparable sale includes utilities, access, or facilities

that are to be excluded in the appraisal of the subject lot,

the price of the comparable sale shall be adjusted, as appropriate.

(C) ADJUSTMENT PROCESS.—

(i) IN GENERAL.—The appraiser shall consider and

adjust, as appropriate, the price of each sale of a comparable parcel for all nonnatural features referred to

in subparagraph (A)(ii) that—

(I)(aa) are present at, or add value to, the

comparable parcel; but

(bb) are not present at the lot being appraised; or

(II) are not included in the appraisal as described in subparagraph (A).

(ii) ADJUSTMENTS.—

(I) IN GENERAL.—In a case in which the price

of a parcel sold is to be adjusted in accordance

with subparagraph (B), the adjustment may be

based on an analysis of market or cost information

or both.

(II) COST INFORMATION.—If cost information is

used as the basis of an adjustment under subclause (I), the cost information shall be supported

by direct market evidence.

(iii) ANALYSIS OF COST INFORMATION.—An analysis

of cost information under clause (ii)(I) should include

allowances, as appropriate, if the allowances are consistent with—
Sec. 607 CABIN USER FEES 48–6

(I) the Uniform Standards of Professional Appraisal Practice in effect on the date of the analysis; and

(II) the Uniform Appraisal Standards for Federal Land Acquisition.

(D) REAPPRAISAL FOR AND RECALCULATION OF BASE

CABIN USER FEE.—Periodically, but not less often than once

every 10 years, the Secretary shall recalculate the base

cabin user fee (including conducting any reappraisal required to recalculate the base cabin user fee).

SEC. 607. ø16 U.S.C. 6206¿ CABIN USER FEES.

(a) IN GENERAL.—The Secretary shall establish the cabin user

fee as the amount that is equal to 5 percent of the market value

of the lot, as determined in accordance with section 606, reflecting

an adjustment to the typical market rate of return due to restrictions imposed by the permit, including—

(1) the limited term of the authorization;

(2) the absence of significant property rights normally attached to fee simple ownership; and

(3) the public right of access to, and use of, any open portion of the lot on which the cabin or other enclosed improvements are not located.

(b) FEE FOR CARETAKER CABIN.—The base cabin user fee for a

lot on which a caretaker cabin is located shall not be greater than

the base cabin user fee charged for the authorized use of a similar

typical lot in the tract.

(c) ANNUAL CABIN USER FEE IN THE EVENT OF DETERMINATION

NOT TO REISSUE AUTHORIZATION.—If the Secretary determines

that an authorization should not be reissued at the end of a term,

the Secretary shall—

(1) establish as the new base cabin user fee for the remaining term of the authorization the amount charged as the cabin

user fee in the year that was 10 years before the year in which

the authorization expires; and

(2) calculate the current cabin user fee for each of the remaining 9 years of the term of the authorization by

multiplying—

(A) 1⁄10 of the new base cabin user fee; by

(B) the number of years remaining in the term of the

authorization after the year for which the cabin user fee

is being calculated.

(d) ANNUAL CABIN USER FEE IN EVENT OF CHANGED CONDITIONS.—If a review of a decision to convert a lot to an alternative

public use indicates that the continuation of the authorization for

use and occupancy of the cabin by the cabin owner is warranted,

and the decision is subsequently reversed, the Secretary may require the cabin owner to pay any portion of annual cabin user fees

that were forgone as a result of the expectation of termination of

use and occupancy of the cabin by the cabin owner.

(e) TERMINATION OF FEE OBLIGATION IN LOSS RESULTING FROM

ACTS OF GOD OR CATASTROPHIC EVENTS.—On a determination by

the agency that, because of an act of God or a catastrophic event,

a lot cannot be safely occupied and the authorization for the lot

should accordingly be terminated, the fee obligation of the cabin
48–7 Sec. 609 CABIN USER FEES

owner shall terminate effective on the date of the occurrence of the

act or event.

SEC. 608. ø16 U.S.C. 6207¿ ANNUAL ADJUSTMENT OF CABIN USER FEE.

(a) IN GENERAL.—The Secretary shall adjust the cabin user fee

annually, using a rolling 5-year average of a published price index

in accordance with subsection (b) or (c) that reports changes in

rural or similar land values in the State, county, or market area

in which the lot is located.

(b) INITIAL INDEX.—

(1) IN GENERAL.—For the period of 10 years beginning on

the date of enactment of this title, the Secretary shall use

changes in agricultural land prices in the appropriate State or

county, as reported in the Index of Agricultural Land Prices

published by the Department of Agriculture, to determine the

annual adjustment to the cabin user fee in accordance with

subsections (a) and (d).

(2) STATEWIDE CHANGES.—In determining the annual adjustment to the cabin user fee for an authorization located in

a county in which agricultural land prices are influenced by

the value influences described in section 606(b)(3), the Secretary shall use average statewide changes in the State in

which the lot is located.

(c) NEW INDEX.—

(1) IN GENERAL.—Not later than 10 years after the date of

enactment of this title, the Secretary may select and use an

index other than the method of adjustment of a cabin user fee

described in subsection (b)(2) to adjust a cabin user fee if the

Secretary determines that a different index better reflects

change in the value of a lot over time.

(2) SELECTION PROCESS.—Before selecting a new index, the

Secretary shall—

(A) solicit and consider comments from the public; and

(B) not later than 60 days before the date on which

the Secretary makes a final index selection, submit any

proposed selection of a new index to—

(i) the Committee on Resources of the House of

Representatives; and

(ii) the Committee on Agriculture, Nutrition, and

Forestry of the Senate.

(d) LIMITATION.—In calculating an annual adjustment to the

base cabin user fee as determined by the initial index described in

section (b), the Secretary shall— (1) limit any annual fee adjustment to an amount that is

not more than 5 percent per year when the change in agricultural land values exceeds 5 percent in any 1 year; and

(2) apply the amount of any adjustment that exceeds 5

percent to the annual fee payment for the next year in which

the change in the index factor is less than 5 percent.

SEC. 609. ø16 U.S.C. 6208¿ PAYMENT OF CABIN USER FEES.

(a) DUE DATE FOR PAYMENT OF FEES.—A cabin user fee shall

be prepaid annually by the cabin owner.

(b) PAYMENT OF EQUAL OR LESSER FEE.—If, in accordance with

section 607, the Secretary determines that the amount of a new

base cabin user fee is equal to or less than the amount of the cur-
Sec. 610 CABIN USER FEES 48–8

rent base cabin user fee, the Secretary shall require payment of the

new base cabin user fee by the cabin owner in accordance with subsection (a).

(c) PAYMENT OF GREATER FEE.—If, in accordance with section

607, the Secretary determines that the amount of a new base cabin

user fee is greater than the amount of the current base cabin user

fee, the Secretary shall—

(1) require full payment of the new base cabin user fee in

the first year following completion of the fee determination procedure if the increase in the amount of the new base cabin user

fee is not more than 100 percent of the current base cabin user

fee; or

(2) phase in the increase over the current base cabin user

fee in approximately equal increments over 3 years if the increase in the amount of the new base cabin user fee is more

than 100 percent of the current base cabin user fee.

SEC. 610. ø16 U.S.C. 6209¿ RIGHT OF SECOND APPRAISAL.

(a) RIGHT OF SECOND APPRAISAL.—On receipt of notice from

the Secretary of the determination of a new base cabin user fee, the

cabin owner—

(1) not later than 60 days after the date on which the notice is received, may notify the Secretary of the intent of the

cabin owner to obtain a second appraisal; and

(2) may obtain, within 1 year following the date of receipt

of the notice under this subsection, at the expense of the cabin

owner, a second appraisal of the typical lot on which the initial

appraisal was conducted.

(b) CONDUCT OF SECOND APPRAISAL.—In conducting a second

appraisal, the appraiser selected by the cabin owner shall—

(1) have qualifications equivalent to the appraiser that

conducted the initial appraisal in accordance with section

606(a)(4);

(2) use the appraisal guidelines used in the initial appraisal in accordance with section 606(a)(5);

(3) consider all relevant factors in accordance with this

title (including guidelines developed under section 606(a)(3));

and

(4) notify the Secretary of any material differences of fact

or opinion between the initial appraisal conducted by the agency and the second appraisal.

(c) REQUEST FOR RECONSIDERATION OF BASE CABIN USER

FEE.—A cabin owner shall submit to the Secretary any request for

reconsideration of the base cabin user fee, based on the results of

the second appraisal, not later than 60 days after the receipt of the

report for the second appraisal.

(d) RECONSIDERATION OF BASE CABIN USER FEE.—On receipt of

a request from the cabin owner under subsection (c) for reconsideration of a base cabin user fee, not later than 60 days after the date

of receipt of the request, the Secretary shall— (1) review the initial appraisal of the agency;

(2) review the results and commentary from the second appraisal;

(3) determine a new base cabin user fee in an amount that

is—
48–9 Sec. 614 CABIN USER FEES

(A) equal to the base cabin user fee determined by the

initial or the second appraisal; or

(B) within the range of values, if any, between the initial and second appraisals; and

(4) notify the cabin owner of the amount of the new base

cabin user fee.

SEC. 611. ø16 U.S.C. 6210¿ RIGHT OF APPEAL AND JUDICIAL REVIEW.

(a) RIGHT OF APPEAL.—Notwithstanding any action of a cabin

owner to exercise rights in accordance with section 610, the Secretary shall by regulation grant the cabin owner the right to an administrative appeal of the determination of a new base cabin user

fee.

(b) JUDICIAL REVIEW.—A cabin owner that is adversely affected

by a final decision of the Secretary under this title may bring a

civil action in United States district court.

SEC. 612. ø16 U.S.C. 6211¿ CONSISTENCY WITH OTHER LAW AND

RIGHTS.

(a) CONSISTENCY WITH RIGHTS OF THE UNITED STATES.—Nothing in this title limits or restricts any right, title, or interest of the

United States in or to any land or resource.

(b) SPECIAL RULE FOR ALASKA.—In determining a cabin user

fee in the State of Alaska, the Secretary shall not establish or impose a cabin user fee or a condition affecting a cabin user fee that

is inconsistent with 1303(d) of the Alaska National Interest Lands

Conservation Act (16 U.S.C. 3193(d)).

SEC. 613. ø16 U.S.C. 6212¿ REGULATIONS.

Not later than 2 years after the date of enactment of this title,

the Secretary shall promulgate regulations to carry out this title.

SEC. 614. ø16 U.S.C. 6213¿ TRANSITION PROVISIONS.

(a) ASSESSMENT OF ANNUAL FEES.—For the period of time determined under subsection (b), the Secretary shall charge each

cabin owner an annual fee as follows:

(1) LOTS NOT APPRAISED SINCE SEPTEMBER 30, 1995.—For a

lot that has not been appraised since September 30, 1995, the

annual fee shall be equal to the amount of the annual fee in

effect on the date of enactment of this title, adjusted annually

to reflect changes in the Implicit Price Deflator-Gross National

Product Index.

(2) LOTS APPRAISED ON OR AFTER SEPTEMBER 30, 1995.—

(A) IN GENERAL.—Except as provided in subparagraph

(B), for a lot that has been appraised on or after September 30, 1995, the annual fee shall be equal to the

amount of the fee in effect on the date of enactment of this

title, adjusted annually to reflect changes in the Implicit

Price Deflator-Gross National Product Index.

(B) APPRAISALS RESULTING IN BASE FEE INCREASE.—

(i) IN GENERAL.—Except as provided in clause (ii),

for a lot that has been appraised on or after September 30, 1995, for which the appraisal resulted in

an increase of the base fee by an amount greater than

$3,000, the annual fee shall be equal to the sum of

$3,000 plus the amount of the annual fee in effect on

October 1, 1996, adjusted annually to reflect the per-
Sec. 614 CABIN USER FEES 48–10

centage change in the Implicit Price Deflator-Gross

National Product Index.

(ii) FEES PAID AFTER REQUEST OF NEW APPRAISAL

OR PEER REVIEW.—If— (I) the cabin owner of a lot described in clause

(i) requests a new appraisal or peer review under

subsection (c); and

(II) the base cabin user fee established as a

result of the appraisal or peer review is determined to be an amount that is 90 percent or more

of the fee in effect for the lot as determined by an

appraisal conducted on or after September 30,

1995,

the Secretary shall charge the cabin owner, in addition

to the annual fee that would otherwise have been due

under section 609, the difference between the base

cabin user fee determined through the conduct of the

new appraisal or peer review and the annual fee that

would otherwise have been due under section 609, to

be assessed retroactively for each year beginning with

the year in which the previous appraisal was conducted, and to be paid in 3 equal annual installments.

(b) TERM.— (1) LOTS NOT APPRAISED SINCE SEPTEMBER 30, 1995.—For a

lot that has not been appraised since September 30, 1995, the

Secretary shall charge fees in accordance with subsection

(a)(2)(A) until— (A) a base cabin user fee is determined in accordance

with— (i) this title; or

(ii) regulations and policies in effect on the date of

enactment of this title; and

(B) the right of the cabin owner to a second appraisal

under section 610 is exhausted.

(2) LOTS APPRAISED ON OR AFTER SEPTEMBER 30, 1995.—For

a lot that has been appraised on or after September 30, 1995,

the Secretary shall charge fees under subsection (a)(2) until—

(A) the cabin owner requests a new appraisal or peer

review, and a base cabin user fee is established, under

subsection (c); or

(B) in the absence of a request for a peer review or a

new appraisal under subsection (c), the date that is 2

years after the date on which the Forest Service promulgates regulations and policies and develops appraisal

guidelines under this title.

(c) REQUEST FOR NEW APPRAISAL UNDER NEW LAW.—

(1) IN GENERAL.—Not later than 2 years after the promulgation of final regulations and policies and the development of

appraisal guidelines in accordance with section 606(a)(5), cabin

owners that are subject to appraisals completed after September 30, 1995, but before the date of promulgation of final

regulations under section 613, may request, in accordance with

paragraph (2), that the Secretary—

(A) conduct a new appraisal and determine a new base

cabin user fee in accordance with this title; or
48–11 Sec. 614 CABIN USER FEES

(B) commission a peer review of the existing appraisals in accordance with paragraph (4).

(2) APPRAISAL GROUPINGS BY TYPICAL LOT.—A request for

a new appraisal or for a peer review of existing appraisals

under paragraph (1) shall be made by a majority of the cabin

owners in a group of cabins represented in the appraisal process by a typical lot.

(3) CONDUCT OF NEW APPRAISAL.—On receipt of a request

for an appraisal and fee determination in accordance with

paragraph (2), the Secretary shall conduct the new appraisal

and fee determination in accordance with this title.

(4) PEER REVIEW OF EXISTING APPRAISALS.—

(A) IN GENERAL.—On receipt of a request for peer review in accordance with paragraph (2), the Secretary shall

obtain from an independent professional appraisal organization a review of the appraisal (including any report on

the appraisal) that was used to establish the estimated fee

simple value of the lots within the subject grouping.

(B) INCONSISTENCY.—If peer review described in subparagraph (A) results in a determination that an appraisal

or appraisal report includes provisions or procedures that

were implemented or conducted in a manner inconsistent

with this title, the Secretary shall, as appropriate and in

accordance with this title— (i) revise an existing base cabin user fee; or

(ii) subject to an agreement with the cabin owners, conduct a new appraisal and fee determination.

(5) PAYMENT OF COSTS.—Cabin owners and the Secretary

shall share, in equal proportion, the payment of all reasonable

costs of any new appraisal or peer review.

(d) ASSUMPTION OF NEW BASE CABIN USER FEE.—In the absence of a request under subsection (c) for a new appraisal and fee

determination from a cabin owner whose cabin user fee was determined as a result of an appraisal conducted after September 30,

1995, but before the date of promulgation of final regulations under

section 613, the Secretary may consider the base cabin user fee resulting from the appraisal conducted between September 30, 1995

and the date of promulgation of the final regulations under section

613 to be the base cabin user fee that complies with this section.