dreamproit/uscode huggingface dataset:
16 U.S.C. § 460y (CONSERVATION)
§ 460y. Establishment; boundaries
The Secretary of the Interior (hereinafter referred to as the “Secretary”) is hereby authorized and directed, after compliance with sections 460y–2 and 460y–3 of this title, to establish, within the boundaries described in section 460y–8 of this title, the King Range National Conservation Area in the State of California (hereinafter referred to as the “Area”), and to consolidate and manage the public lands in the area with the purpose of conserving and developing, for the use and benefit of the people of the United States, the lands and other resources therein under a program of multiple usage and of sustained yield.
(Pub. L. 91–476, § 1, Oct. 21, 1970, 84 Stat. 1067.)
16 U.S.C. § 460y–1 (CONSERVATION)
§ 460y–1. Management of lands
(a) Utilization and development of resources
In the management of lands in the area, the Secretary shall utilize and develop the resources in such a manner as to satisfy all legitimate requirements for the available resources as fully as possible without undue denial of any of such requirements and without undue impairment of any of the resources, taking into consideration total requirement and total availability of resources, irrespective of ownership or location.
(b) Plan of land use, development, and management
The policy set forth in subsection (a) implies—
(1) that there will be a comprehensive, balanced, and coordinated plan of land use, development, and management of the Area, and that such plan will be based on an inventory and evaluation of the available resources and requirements for such resources, and on the topography and other features of the Area.
(2) that the plan will indicate the primary or dominant uses which will be permitted on various portions of the Area.
(3) that the plan will be based on a weighing of the relative values to be obtained by utilization and development of the resources for alternative possible uses, and will be made with the object of obtaining the greatest values on a continuing basis, and that due consideration will be given to intangible values as well as to tangible values such as dollar return or production per unit.
(4) that secondary or collateral uses may be permitted to the extent that such uses are compatible with and do not unduly impair the primary or dominant uses, according to a seasonal schedule or otherwise.
(5) that management of the renewable resources will be such as to obtain a sustained, regular, or periodic yield or supply of products or services without impairment of the productivity, or the enjoyment or carrying capacity of the land.
(6) that the plan will be reviewed and reevaluated periodically.
(7) that the resources to be considered are all the natural resources including but not limited to the soils, bodies of water including the shorelines thereof, forest growth including timber, vegetative cover including forage, fish, and other wildlife, and geological resources including minerals.
(8) that the uses to be considered are all of the legitimate uses of such resources including but not limited to all forms of outdoor recreation including scenic enjoyment, hunting, fishing, hiking, riding, camping, picknicking,1 boating, and swimming, all uses of water resources, watershed management, production of timber and other forest producers, grazing and other agricultural uses, fish and wildlife management, mining, preservation of ecological balance, scientific study, occupancy and access.
(Pub. L. 91–476, § 2, Oct. 21, 1970, 84 Stat. 1067.)
16 U.S.C. § 460y–2 (CONSERVATION)
§ 460y–2. Program of multiple usage and sustained yield of renewable natural resources; public and private assistance in preparation; provisions
The Secretary shall use public and private assistance as he may require, for the purpose of preparing for the Area a program of multiple usage and of sustained yield of renewable natural resources. Such program shall include but need not be limited to (1) a quantitative and qualitative analysis of the resources of the Area; (2) the proposed boundaries of the Area; (3) a plan of land use, development, and management of the Area together with any proposed cooperative activities with the State of California, local governments, and others; (4) a statement of expected costs and an economic analysis of the program with particular reference to costs to the United States and expected economic effects on local communities and governments; and (5) an evaluation by the Secretary of the program in terms of the public interest.
(Pub. L. 91–476, § 3, Oct. 21, 1970, 84 Stat. 1068.)
16 U.S.C. § 460y–3 (CONSERVATION)
§ 460y–3. Procedure for establishment
The Secretary shall establish the Area after a period of at least ninety calendar days from and after the date that he has (1) submitted copies of the program required by section 460y–2 of this title to the President of the Senate and the Speaker of the House of Representatives, the Governor of the State of California, and the governing body of the county or counties in which the area is located and (2) published a notice of intention to establish the area in the Federal Register and in at least two newspapers which circulate generally within the Area.
(Pub. L. 91–476, § 4, Oct. 21, 1970, 84 Stat. 1068.)
16 U.S.C. § 460y–5 (CONSERVATION)
§ 460y–5. Applicability of mining laws; prospecting commenced or conducted and mining claims located subsequent to October 21, 1970, as subject to regulations; patents issued on mining claims located subsequent to October 21, 1970, as subject to regulations; provisions of regulations; rights of owner of existing valid mining claim as un­affected
(a) Subject to valid existing rights, nothing in this subchapter shall affect the applicability of the United States mining laws on the federally owned lands within the Area, except that all prospecting commenced or conducted and all mining claims located after October 21, 1970, shall be subject to such reasonable regulations as the Secretary may prescribe to effectuate the purposes of this subchapter. Any patent issued on any mining claim located after October 21, 1970, shall recite this limitation and continue to be subject to such regulations. All such regulations shall provide, among other things, for such measures as may be reasonable to protect the scenic and esthetic values of the Area against undue impairment and to assure against pollution of the streams and waters within the Area.
(b) Nothing in this section shall be construed to limit or restrict rights of the owner or owners of any existing valid mining claim.
(Pub. L. 91–476, § 6, Oct. 21, 1970, 84 Stat. 1070.)
16 U.S.C. § 460y–6 (CONSERVATION)
§ 460y–6. Administration of public lands within Area
Except as may otherwise be provided in this subchapter, the public lands within the area shall be administered by the Secretary under any authority available to him for the conservation, development, and management of natural resources on public lands in California withdrawn by Executive Order Numbered 6910, dated November 26, 1934, to the extent that he finds such authority will further the purposes of this subchapter.
(Pub. L. 91–476, § 7, Oct. 21, 1970, 84 Stat. 1070.)
heading: Editorial Notes
heading: References in Text
text: Executive Order Numbered 6910, dated November 26, 1934, referred to in text, is not classified to the Code.
16 U.S.C. § 460y–7 (CONSERVATION)
§ 460y–7. Withdrawal of certain public lands for classification; revocation of Executive Order Numbered 5237
The objectives of Executive Order Numbered 5237, dated December 10, 1929, which withdraw certain public lands for classification, having been accomplished by the enactment of this subchapter, that Executive order is hereby revoked effective as of the date the Secretary establishes the area.
(Pub. L. 91–476, § 8, Oct. 21, 1970, 84 Stat. 1070.)
heading: Editorial Notes
heading: References in Text
text: Executive Order Numbered 5237, dated December 10, 1929, referred to in text, is not classified to the Code.
16 U.S.C. § 460y–9 (CONSERVATION)
§ 460y–9. Authorization of appropriations
(a) There are authorized to be appropriated such sums as may be necessary to accomplish the purposes of this subchapter, but not to exceed $1,500,000 for the purchase of lands and interests in lands and not to exceed $3,500,000 for the construction and improvements.
(b) In addition to any amounts authorized to be appropriated under subsection (a), there are authorized to be appropriated for fiscal years beginning on or after October 1, 1979, for the acquisition of lands and interests in lands under this subchapter—
(1) from the Land and Water Conservation Fund (established under the Land and Water Conservation Fund Act of 1965) 1 not to exceed $5,000,000, and
(2) from any other sources an amount not to exceed the sum of (A) $5,000,000, and (B) an amount equal to the amount deposited in the Treasury under section 460y–4(3)(B) of this title after August 20, 1978,
such sums to remain available until expended.
(Pub. L. 91–476, § 10, Oct. 21, 1970, 84 Stat. 1071; Pub. L. 95–352, § 2(2), (3), Aug. 20, 1978, 92 Stat. 516.)
heading: Editorial Notes
heading: References in Text
text: The Land and Water Conservation Fund Act of 1965, referred to in subsec. (b)(1), is Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 897, which was classified principally to part B (§ 460l–4 et seq.) of subchapter LXIX of this chapter. Sections 2, 3, 4(i)(1)(C), (j) to (n), 5 to 10, and 201 of the Act were repealed and restated as sections 100506(c) and 100904 and chapter 2003 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
heading: Amendments
text: 1978—Pub. L. 95–352 designated existing provisions as subsec. (a) and added subsec. (b).
16 U.S.C. § 460z (CONSERVATION)
§ 460z. Establishment
In order to provide for the public outdoor recreation use and enjoyment of certain ocean shorelines and dunes, forested areas, fresh water lakes, and recreational facilities in the State of Oregon by present and future generations and the conservation of scenic, scientific, historic, and other values contributing to public enjoyment of such lands and waters, there is hereby established, subject to valid existing rights, the Oregon Dunes National Recreation Area (hereinafter referred to as the “recreation area”).
(Pub. L. 92–260, § 1, Mar. 23, 1972, 86 Stat. 99.)
16 U.S.C. § 460z–1 (CONSERVATION)
§ 460z–1. Administration, protection, and development
The administration, protection, and development of the recreation area shall be by the Secretary of Agriculture (hereinafter called the “Secretary”) in accordance with the laws, rules, and regulations applicable to national forests, in such manner as in his judgment will best contribute the attainment of the purposes set forth in section 460z of this title.
(Pub. L. 92–260, § 2, Mar. 23, 1972, 86 Stat. 99.)
16 U.S.C. § 460z–2 (CONSERVATION)
§ 460z–2. Inland sector; establishment as buffer sector
The portion of the recreation area delineated as the “Inland Sector” on the map referenced in section 460z–3 of this title is hereby established as an inland buffer sector in order to promote such management and use of the lands, waters, and other properties within such sector as will best protect the values which contribute to the purposes set forth in section 460z of this title.
(Pub. L. 92–260, § 3, Mar. 23, 1972, 86 Stat. 99.)
16 U.S.C. § 460z–3 (CONSERVATION)
§ 460z–3. Boundary map; revision
The boundaries of the recreation area, as well as the boundaries of the inland sector included therein, shall be as shown on a map entitled “Proposed Oregon Dunes National Recreation Area” dated May 1971, which is on file and available for public inspection in the Office of the Chief, Forest Service, Department of Agriculture, and to which is attached and hereby made a part thereof a detailed description by metes and bounds of the exterior boundaries of the recreation area and of the inland sector. The Secretary may by publication of a revised map or description in the Federal Register correct clerical or typographical errors in said map or descriptions.
(Pub. L. 92–260, § 4, Mar. 23, 1972, 86 Stat. 99.)
heading: Statutory Notes and Related Subsidiaries
heading: Siuslaw National Forest
text: The boundaries of the Siuslaw National Forest were extended by section 6 of Pub. L. 92–260 to include all lands described in accordance with this section. See note set out under sections 486a to 486w of this title.
16 U.S.C. § 460z–4 (CONSERVATION)
§ 460z–4. Transfer of Federal property
Notwithstanding any other provision of law, any Federal property located within the boundaries of the recreation area is hereby transferred without consideration to the administrative jurisdiction of the Secretary for use by him in implementing the purposes of this subchapter, but lands presently administered by the United States Coast Guard or the United States Corps of Engineers may continue to be used by such agencies to the extent required.
(Pub. L. 92–260, § 5, Mar. 23, 1972, 86 Stat. 99.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
16 U.S.C. § 460z–5 (CONSERVATION)
§ 460z–5. Land acquisition in inland sector
Within the inland sector established by section 460z–2 of this title the Secretary may acquire the following classes of property only with the consent of the owner:
(a) improved property as hereinafter defined;
(b) property used for commercial or industrial purposes if such commercial or industrial purposes are the same such purposes for which the property was being used on December 31, 1970, or such commercial or industrial purposes have been certified by the Secretary or his designee as compatible with or furthering the purposes of this subchapter;
(c) timberlands under sustained yield management so long as the Secretary determines that such management is being conducted in accordance with standards for timber production, including but not limited to harvesting reforestation, and debris cleanup, not less stringent than management standards imposed by the Secretary on comparable national forest lands: Provided, That the Secretary may acquire such lands or interests therein without the consent of the owner if he determines that such lands or interests are essential for recreation use or for access to or protection of recreation developments within the purposes of this subchapter. In any acquisition of such lands or interests the Secretary shall, to the extent practicable, minimize the impact of such acquisition on access to or the reasonable economic use for sustained yield forestry of adjoining lands not acquired; and
(d) property used on December 31, 1970, primarily for private, noncommercial recreational purposes if any improvements made to such property after said date are certified by the Secretary of Agriculture or his designee as compatible with the purposes of this subchapter.
(Pub. L. 92–260, § 7, Mar. 23, 1972, 86 Stat. 100.)
16 U.S.C. § 460z–6 (CONSERVATION)
§ 460z–6. Land acquisition in recreation area; donation and exchange; railway right-of-way; retention rights of owners of improved property
(a) Land acquisition
Within the boundaries of the recreation area lands, waters, and interests therein owned by or under the control of the State of Oregon or any political subdivision thereof may be acquired only by donation or exchange.
(b) Railway right-of-way
No part of the Southern Pacific Railway right-of-way within the boundaries of the recreation area may be acquired without the consent of the railway, so long as it is used for railway purposes: Provided, That the Secretary may condemn such easements across said right-of-way as he deems necessary for ingress and egress.
(c) Retention rights of owners of improved property
Any person owning an improved property, as hereafter defined, within the recreation area may reserve for himself and his assigns, as a condition of the acquisition of such property, a right of use and occupancy of the residence and not in excess of three acres of land on which such residence is situated. Such reservation shall be for a term ending at the death of the owner, or the death of his spouse, whichever occurs later, or, in lieu thereof, for a definite term not to exceed twenty-five years: Provided, That the Secretary may exclude from such reserved property any lands or waters which he deems necessary for public use, access, or development. The owner shall elect, at the time of conveyance, the term of the right to be reserved. Where any such owner retains a right of use and occupancy as herein provided, such right may during its existence be conveyed or leased in whole, but not in part, for noncommercial residential purposes. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner. At any time subsequent to the acquisition of such property the Secretary may, with the consent of the owner of the retained right of use and occupancy, acquire such right, in which event he shall pay to such owner the fair market value of the remaining portion of such right.
(d) “Improved property” defined
The term “improved property” wherever used in this subchapter shall mean a detached one-family dwelling the construction of which was begun before December 31, 1970, together with any structures accessory to it and the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary finds necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use.
(Pub. L. 92–260, § 8, Mar. 23, 1972, 86 Stat. 100.)
16 U.S.C. § 460z–7 (CONSERVATION)
§ 460z–7. Hunting, fishing, and trapping
The Secretary shall permit hunting, fishing, and trapping on lands and waters under his jurisdiction within the boundaries of the recreation area in accordance with applicable laws of the United States and the State of Oregon, except that the Secretary may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, or public use and enjoyment. Except in emergencies, any regulation of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department.
(Pub. L. 92–260, § 9, Mar. 23, 1972, 86 Stat. 101.)
16 U.S.C. § 460z–8 (CONSERVATION)
§ 460z–8. Mining restriction
The lands within the recreation area, subject to valid existing rights, are hereby withdrawn from location, entry, and patent under the United States mining laws and from disposition under all laws pertaining to mineral leasing and all amendments thereto.
(Pub. L. 92–260, § 10, Mar. 23, 1972, 86 Stat. 101.)
16 U.S.C. § 460z–9 (CONSERVATION)
§ 460z–9. Water utilization; transportation of wastes; easements
(a) Water utilization
The Secretary is authorized and directed, subject to applicable water quality standards now or hereafter established, to permit, subject to reasonable rules and regulations, the investigation for, appropriation, storage, and withdrawal of ground water, surface water, and lake, stream, and river water from the recreation area and the conveyance thereof outside the boundaries of the recreation area for beneficial use in accordance with applicable laws of the United States and of the State of Oregon if permission therefor has been obtained from the State of Oregon before March 23, 1972: Provided, That nothing herein shall prohibit or authorize the prohibition of the use of water from Tahkenitch or Siltcoo Lakes in accordance with permission granted by the State of Oregon prior to March 23, 1972, in connection with certain industrial plants developed or being developed at or near Gardiner, Oregon.
(b) Transportation and storage of wastes
The Secretary is authorized and directed, subject to applicable water quality standards now or hereafter established, to permit, subject to reasonable rules and regulations, transportation and storage in pipelines within and through the recreation area of domestic and industrial wastes in accordance with applicable laws of the United States and of the State of Oregon if permission therefor has been obtained from the State of Oregon before March 23, 1972.
(c) Easements and rights for the disposal of wastes
The Secretary is further authorized, subject to applicable water quality standards now or hereafter established, to grant such additional easements and rights, in terms up to perpetuity, as in his judgment would be appropriate and desirable for the effective use of the rights to water and the disposal of waste provided for herein and for other utility and private purposes if permission therefor has been obtained from the State of Oregon, subject to such reasonable terms and conditions as he deems necessary for the protection of the scenic, scientific, historic, and recreational features of the recreation area.
(Pub. L. 92–260, § 11, Mar. 23, 1972, 86 Stat. 101.)
16 U.S.C. § 460z–10 (CONSERVATION)
§ 460z–10. Advisory Council
(a) Establishment; membership
The Secretary shall establish an advisory council for the Oregon Dunes National Recreation Area, and shall consult on a periodic and regular basis with such council with respect to matters relating to management and development of the recreation area. The members of the advisory council, who shall not exceed fifteen in number, shall serve for individual staggered terms of three years each and shall be appointed by the Secretary as follows:
(i) a member to represent each county in which a portion of the recreation area is located, each such appointee to be designated by the respective governing body of the county involved;
(ii) a member appointed to represent the State of Oregon, who shall be designated by the Governor of Oregon;
(iii) not to exceed eleven members appointed by the Secretary from among persons who, individually or through association with national or local organizations, have an interest in the administration of the recreation area; and
(iv) the Secretary shall designate one member to be Chairman and shall fill vacancies in the same manner as the original appointment.
(b) Private viewpoints
The Secretary shall, in addition to his consultation with the advisory council, seek the views of other private groups and individuals with respect to administration of the recreation area.
(c) Payment of expenses
The members shall not receive any compensation for their services as members of the council, as such, but the Secretary is authorized to pay expenses reasonably incurred by the council in carrying out its responsibilities.
(Pub. L. 92–260, § 12, Mar. 23, 1972, 86 Stat. 102.)
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Advisory Councils
text: Advisory councils in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.