dreamproit/uscode huggingface dataset:
16 U.S.C. § 410aaa–58 (CONSERVATION)
§ 410aaa–58. Mojave National Preserve Advisory Commission
(a) Establishment
The Secretary shall establish an Advisory Commission of no more than fifteen members, to advise the Secretary concerning the development and implementation of a new or revised comprehensive management plan for the Mojave National Preserve.
(b) Membership
(1) The advisory commission shall include an elected official for each County within which any part of the preserve is located, a representative of the owners of private properties located within or immediately adjacent to the preserve, and other members representing persons actively engaged in grazing and range management, mineral exploration and development, and persons with expertise in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park resources and values.
(2) Vacancies in the advisory commission shall be filled by the Secretary so as to maintain the full diversity of views required to be represented on the advisory commission.
(c) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act shall apply to the procedures and activities of the advisory commission.
(d) Termination
The advisory commission shall cease to exist ten years after the date of its establishment.
(Pub. L. 103–433, title V, § 518, Oct. 31, 1994, 108 Stat. 4495.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 410aaa–59 (CONSERVATION)
§ 410aaa–59. No adverse effect on land until acquired
Unless and until acquired by the United States, no lands within the boundaries of wilderness areas or National Park System units designated or enlarged by this Act that are owned by any person or entity other than the United States shall be subject to any of the rules or regulations applicable solely to the Federal lands within such boundaries and may be used to the extent allowed by applicable law. Neither the location of such lands within such boundaries nor the possible acquisition of such lands by the United States shall constitute a bar to the otherwise lawful issuance of any Federal license or permit other than a license or permit related to activities governed by section 460l–22(c) of this title. Nothing in this section shall be construed as affecting the applicability of any provision of the Mining in the Parks Act (16 U.S.C. 1901 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), or regulations applicable to oil and gas development as set forth in 36 CFR 9B.
(Pub. L. 103–433, title V, § 519, Oct. 31, 1994, 108 Stat. 4495.)
heading: References in Text
text: This Act, referred to in text, is defined in section 410aaa–81 of this title.
The Mining in the Parks Act, referred to in text, is Pub. L. 94–429, Sept. 28, 1976, 90 Stat. 1342, as amended, which is classified principally to chapter 39 (§ 1901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
16 U.S.C. § 410aaa–72 (CONSERVATION)
§ 410aaa–72. Land tenure adjustments
In preparing land tenure adjustment decisions with the California Desert Conservation Area, of the Bureau of Land Management, the Secretary shall give priority to consolidating Federal ownership within the national park units and wilderness areas designated by this Act.
(Pub. L. 103–433, title VII, § 702, Oct. 31, 1994, 108 Stat. 4497.)
heading: References in Text
text: This Act, referred to in text, is defined in section 410aaa–81 of this title.
16 U.S.C. § 410aaa–73 (CONSERVATION)
§ 410aaa–73. Land disposal
Except as provided in section 410aaa–26 of this title, none of the lands within the boundaries of the wilderness or park areas designated under this Act shall be granted to or otherwise made available for use by the Metropolitan Water District or any other agencies or persons pursuant to the Boulder Canyon Project Act (43 U.S.C. 617–619b) or any similar Acts.
(Pub. L. 103–433, title VII, § 703, Oct. 31, 1994, 108 Stat. 4497.)
heading: References in Text
text: This Act, referred to in text, is defined in section 410aaa–81 of this title.
The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified generally to subchapter I (§ 617 et seq.) of chapter 12A of Title 43, Public Lands. For complete classification of this Act to the Code, see section 617t of Title 43 and Tables.
16 U.S.C. § 410aaa–74 (CONSERVATION)
§ 410aaa–74. Management of newly acquired lands
Any lands within the boundaries of a wilderness area designated under this Act which are acquired by the Federal Government, shall become part of the wilderness area within which they are located and shall be managed in accordance with all the provisions of this Act and other laws applicable to such wilderness area.
(Pub. L. 103–433, title VII, § 704, Oct. 31, 1994, 108 Stat. 4497.)
heading: References in Text
text: This Act, referred to in text, is defined in section 410aaa–81 of this title.
16 U.S.C. § 410aaa–75 (CONSERVATION)
§ 410aaa–75. Native American uses and interests
(a) Access
In recognition of the past use of the National Park System units and wilderness areas designed under this Act by Indian people for traditional cultural and religious purposes, the Secretary shall ensure access to such park system units and wilderness areas by Indian people for such traditional cultural and religious purposes. In implementing this section, the Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or more specific portions of the park system unit or wilderness area in order to protect the privacy of traditional cultural and religious activities in such areas by Indian people. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95–341 (42 U.S.C. 1996 [, 1996a]) commonly referred to as the “American Indian Religious Freedom Act”, and with respect to areas designated as wilderness, the Wilderness Act (78 Stat. 890; 16 U.S.C. 1131).
(b) Study
(1) The Secretary, in consultation with the Timbisha Shoshone Tribe and relevant Federal agencies, shall conduct a study, subject to the availability of appropriations, to identify lands suitable for a reservation for the Timbisha Shoshone Tribe that are located within the Tribe’s aboriginal homeland area within and outside the boundaries of the Death Valley National Monument and the Death Valley National Park, as described in part A of this subchapter.
(2) Not later than 1 year after October 31, 1994, the Secretary shall submit a report to the Committee on Energy and Natural Resources and the Committee on Indian Affairs of the United States Senate, and the Committee on Natural Resources of the United States House of Representatives on the results of the study conducted under paragraph (1).
(Pub. L. 103–433, title VII, § 705, Oct. 31, 1994, 108 Stat. 4498.)
heading: References in Text
text: This Act, referred to in subsec. (a), is defined in section 410aaa–81 of this title.
The American Indian Religious Freedom Act, referred to in subsec. (a), is Pub. L. 95–341, Aug. 11, 1978, 92 Stat. 469, as amended, which is classified to sections 1996 and 1996a of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1996 of Title 42 and Tables.
The Wilderness Act, referred to in subsec. (a), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.
16 U.S.C. § 410aaa–76 (CONSERVATION)
§ 410aaa–76. Federal reserved water rights
(a) Reservation of sufficient water
Except as otherwise provided in section 204 of this Act, with respect to each wilderness area designated by this Act, Congress hereby reserves a quantity of water sufficient to fulfill the purposes of this Act. The priority date of such reserved water rights shall be October 31, 1994.
(b) Protection of rights reserved
The Secretary and all other officers of the United States shall take all steps necessary to protect the rights reserved by this section, including the filing by the Secretary of a claim for the quantification of such rights in any present or future appropriate stream adjudication in the courts of the State of California in which the United States is or may be joined in accordance with section 666 of title 43.
(c) Relinquishment or reduction of rights
Nothing in this Act shall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of California on or before October 31, 1994.
(d) Specific reservation
The Federal water rights reserved by this Act are specific to the wilderness area located in the State of California designated under this Act. Nothing in this Act related to the reserved Federal water rights shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation made thereto.
(Pub. L. 103–433, title VII, § 706, Oct. 31, 1994, 108 Stat. 4498.)
heading: References in Text
text: Section 204 of this Act, referred to in subsec. (a), is section 204 of Pub. L. 103–433, title II, Oct. 31, 1994, 108 Stat. 4485, which is not classified to the Code.
This Act, referred to in subsecs. (a), (c), and (d), is defined in section 410aaa–81 of this title.
16 U.S.C. § 410aaa–78 (CONSERVATION)
§ 410aaa–78. Access to private property
The Secretary shall provide adequate access to nonfederally owned land or interests in land within the boundaries of the conservation units and wilderness areas designated by this Act which will provide the owner of such land or interest the reasonable use and enjoyment thereof.
(Pub. L. 103–433, title VII, § 708, Oct. 31, 1994, 108 Stat. 4500.)
heading: References in Text
text: This Act, referred to in text, is defined in section 410aaa–81 of this title.
16 U.S.C. § 410aaa–79 (CONSERVATION)
§ 410aaa–79. Federal facilities fee equity
(a) Policy statement
It is the intent of Congress that entrance, tourism or recreational use fees for use of Federal lands and facilities not discriminate against any State or any region of the country.
(b) Fee study
The Secretary, in cooperation with other affected agencies, shall prepare and submit a report by May 1, 1996 to the Committee on Energy and Natural Resources of the United States Senate, the Committee on Natural Resources of the United States House of Representatives, and any other relevant committees, which shall—
(1) identify all Federal lands and facilities that provide recreational or tourism use; and
(2) analyze by State and region any fees charged for entrance, recreational or tourism use, if any, on Federal lands or facilities in a State or region, individually and collectively.
(c) Recommendations
Following completion of the report in subsection (b) of this section, the Secretary, in cooperation with other affected agencies, shall prepare and submit a report by May 1, 1997 to the Committee on Energy and Natural Resources of the United States Senate, the Committee on Natural Resources of the United States House of Representatives, and any other relevant committees, which shall contain recommendations which the Secretary deems appropriate for implementing the congressional intent outlined in subsection (a) of this section.
(Pub. L. 103–433, title VII, § 709, Oct. 31, 1994, 108 Stat. 4500.)
16 U.S.C. § 410aaa–80 (CONSERVATION)
§ 410aaa–80. Land appraisal
Lands and interests in lands acquired pursuant to this Act shall be appraised without regard to the presence of a species listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(Pub. L. 103–433, title VII, § 710, Oct. 31, 1994, 108 Stat. 4501.)
heading: References in Text
text: This Act, referred to in text, is defined in section 410aaa–81 of this title.
The Endangered Species Act of 1973, referred to in text, is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
16 U.S.C. § 410aaa–81 (CONSERVATION)
§ 410aaa–81. Definition
Any reference to the term “this Act” in titles I through IX shall be deemed to be solely a reference to sections 1 and 2, and titles I through IX.
(Pub. L. 103–433, title VII, § 711, Oct. 31, 1994, 108 Stat. 4501.)
heading: References in Text
text: Sections 1 and 2 and titles I to IX, referred to in text, are sections 1 and 2 and titles I to IX of Pub. L. 103–433, Oct. 31, 1994, 108 Stat. 4471, known as the California Desert Protection Act of 1994. Sections 1 and 2 of the Act are set out as notes under section 410aaa of this title. Titles I to IX of the Act are classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 410aaa of this title and Tables.
heading: “Secretary” Defined
text: Section 103 of Pub. L. 103–433 provided in part that in this subchapter “Secretary” means the Secretary of the Interior.
16 U.S.C. § 410aaa–82 (CONSERVATION)
§ 410aaa–82. Military overflights
(a) Overflights
Nothing in this Act, the Wilderness Act [16 U.S.C. 1131 et seq.], or other land management laws generally applicable to the new units of the National Park or Wilderness Preservation Systems (or any additions to existing units) designated by this Act, shall restrict or preclude low-level overflights of military aircraft over such units, including military overflights that can be seen or heard within such units.
(b) Special airspace
Nothing in this Act, the Wilderness Act [16 U.S.C. 1131 et seq.], or other land management laws generally applicable to the new units of the National Park or Wilderness Preservation Systems (or any additions to existing units) designated by this Act, shall restrict or preclude the designation of new units of special airspace or the use or establishment of military flight training routes over such new park system or wilderness units.
(c) No effect on other laws
Nothing in this section shall be construed to modify, expand, or diminish any authority under other Federal law.
(Pub. L. 103–433, title VIII, § 802, Oct. 31, 1994, 108 Stat. 4501.)
heading: References in Text
text: This Act, referred to in subsecs. (a) and (b), is defined in section 410aaa–81 of this title.
The Wilderness Act, referred to in subsecs. (a) and (b), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.
heading: Short Title and Findings
text: Pub. L. 103–433, title VIII, § 801, Oct. 31, 1994, 108 Stat. 4501, provided that:
“(a) Short Title.—
This title [enacting this section] may be cited as the ‘California Military Lands Withdrawal and Overflights Act of 1994’.
“(b) Findings.—
The Congress finds that—
“(1) military aircraft testing and training activities as well as demilitarization activities in California are an important part of the national defense system of the United States, and are essential in order to secure for the American people of this and future generations an enduring and viable national defense system;
“(2) the National Park System units and wilderness areas designated by this Act [see section 410aaa–81 of this title] lie within a region critical to providing training, research, and development for the Armed Forces of the United States and its allies;
“(3) there is a lack of alternative sites available for these military training, testing, and research activities;
“(4) continued use of the lands and airspace in the California desert region is essential for military purposes; and
“(5) continuation of these military activities, under appropriate terms and conditions, is not incompatible with the protection and proper management of the natural, environmental, cultural, and other resources and values of the Federal lands in the California desert area.”
16 U.S.C. § 410aaa–83 (CONSERVATION)
§ 410aaa–83. Authorization of appropriations
There is authorized to be appropriated to the National Park Service and to the Bureau of Land Management to carry out this Act an amount not to exceed $36,000,000 over and above that provided in fiscal year 1994 for additional administrative and construction costs over the fiscal year 1995–1999 period, and $300,000,000 for all land acquisition costs. No funds in excess of these amounts may be used for construction, administration, or land acquisition authorized under this Act without a specific authorization in an Act of Congress enacted after October 31, 1994.
(Pub. L. 103–433, title IX, § 901, Oct. 31, 1994, 108 Stat. 4508.)
heading: References in Text
text: This Act, referred to in text, is defined in section 410aaa–1 of this title.
16 U.S.C. § 410bbb (CONSERVATION)
§ 410bbb. Findings and purpose
(a) Findings
The Congress finds that:
(1) Jazz is the United States’ most widely recognized indigenous music and art form. Congress previously recognized jazz in 1987 through Senate Concurrent Resolution 57 as a rare and valuable national treasure of international importance.
(2) The city of New Orleans is widely recognized as the birthplace of jazz. In and around this city, cultural and musical elements blended to form the unique American music that is known as New Orleans jazz, which is an expression of the cultural diversity of the lower Mississippi Delta Region.
(3) Jean Lafitte National Historical Park and Preserve was established to commemorate the cultural diversity of the lower Mississippi Delta Region including a range of cultural expressions like jazz.
(b) Purpose
In furtherance of the need to recognize the value and importance of jazz, it is the purpose of this subchapter to establish a New Orleans Jazz National Historical Park to preserve the origins, early history, development and progression of jazz; provide visitors with opportunities to experience the sights, sounds, and places where jazz evolved; and implement innovative ways of establishing jazz educational partnerships that will help to ensure that jazz continues as a vital element of the culture of New Orleans and our Nation.
(Pub. L. 103–433, title XII, § 1202, Oct. 31, 1994, 108 Stat. 4519.)
heading: References in Text
text: Senate Concurrent Resolution 57, referred to in subsec. (a)(1), probably means H. Con. Res. 57, Dec. 4, 1987, 101 Stat. 2013, which is not classified to the Code.
heading: Short Title
text: Pub. L. 103–433, title XII, § 1201, Oct. 31, 1994, 108 Stat. 4519, provided that: “This title [enacting this subchapter] may be cited as the ‘New Orleans Jazz National Historical Park Act of 1994’.”
16 U.S.C. § 410bbb–1 (CONSERVATION)
§ 410bbb–1. Establishment
(a) In general
In order to assist in the preservation, education, and interpretation of jazz as it has evolved in New Orleans, and to provide technical assistance to a broad range of organizations involved with jazz music and its history, there is hereby established the New Orleans Jazz National Historical Park (hereinafter referred to as the “historical park”). The historical park shall be administered in conjunction with the Jean Lafitte National Historical Park and Preserve, which was established to preserve and interpret the cultural and natural resources of the lower Mississippi Delta Region.
(b) Area included
The historical park shall consist of lands and interests therein as follows:
(1) Lands which the Secretary of the Interior (hereinafter referred to as “the Secretary”) may designate for an interpretive visitor center complex.
(2) Sites that are the subject of cooperative agreements with the National Park Service for the purposes of interpretive demonstrations and programs associated with the purposes of this subchapter.
(3)
(A) Sites designated by the Secretary as provided in subparagraph (B).
(B)
(i) No later than 18 months after October 31, 1994, the Secretary is directed to complete a national historic landmark evaluation of sites associated with jazz in and around New Orleans as identified in the document entitled “New Orleans Jazz Special Resource Study”, prepared by the National Park Service pursuant to Public Law 101–499. In undertaking the evaluation, the Secretary shall, to the extent practicable, utilize existing information relating to such sites.
(ii) If any of the sites evaluated are found to meet the standards of the National Historic Landmark program and National Park Service tests of suitability and feasibility, and offer outstanding opportunities to further the purposes of this subchapter, the Secretary may designate such sites as part of the historical park, following consultation with the owners of such sites, the city of New Orleans, the Smithsonian Institution, and the New Orleans Jazz Commission, and notification to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives.
(Pub. L. 103–433, title XII, § 1203, Oct. 31, 1994, 108 Stat. 4520.)
heading: References in Text
text: Public Law 101–499, referred to in subsec. (b)(3)(B)(i), is Pub. L. 101–499, Nov. 2, 1990, 104 Stat. 1209, which is not classified to the Code.