dreamproit/uscode huggingface dataset:
16 U.S.C. § 460m–5 (CONSERVATION)
§ 460m–5. Administration
The Ozark National Scenic Riverways shall be administered in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535),1 as amended and supplemented, and in accordance with other laws of general application relating to the areas administered and supervised by the Secretary through the National Park Service; except that authority otherwise available to the Secretary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of this subchapter.
(Pub. L. 88–492, § 6, Aug. 27, 1964, 78 Stat. 609.)
heading: Editorial Notes
heading: References in Text
text: The Act of August 25, 1916 (39 Stat. 535), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
16 U.S.C. § 460m–6 (CONSERVATION)
§ 460m–6. Free-roaming horses
(a) In general
The Secretary, in accordance with this section, shall allow free-roaming horses in the Ozark National Scenic Riverways. Within 180 days after November 12, 1996, the Secretary shall enter into an agreement with the Missouri Wild Horse League or another qualified nonprofit entity to provide for management of free-roaming horses. The agreement shall provide for cost-effective management of the horses and limit Federal expenditures to the costs of monitoring the agreement. The Secretary shall issue permits for adequate pastures to accommodate the historic population level of the free-roaming horse herd, which shall be not less than the number of horses in existence on November 12, 1996, nor more than 50.
(b) Removal of horses
The Secretary may not remove, or assist in, or permit the removal of any free-roaming horses from Federal lands within the boundary of the Ozark National Scenic Riverways unless—
(1) the entity with whom the Secretary has entered into the agreement under subsection (a), following notice and a 90-day response period, substantially fails to meet the terms and conditions of the agreement;
(2) the number of free-roaming horses exceeds 50; or
(3) in the case of an emergency or to protect public health and safety, as defined in the agreement.
(c) Construction; liability of United States
Nothing in this section shall be construed as creating liability for the United States for any damages caused by the free-roaming horses to property located inside or outside the boundaries of the Ozark National Scenic Riverways.
(Pub. L. 88–492, § 7, Aug. 27, 1964, 78 Stat. 609; Pub. L. 104–333, div. I, title VIII, § 803(b), Nov. 12, 1996, 110 Stat. 4186.)
heading: Editorial Notes
heading: Codification
text: November 12, 1996, referred to in subsec. (a), was in the original “enactment of this section” and “the date of the enactment of this section”, respectively, which were translated as meaning the date of enactment of Pub. L. 104–333, which amended this section generally, to reflect the probable intent of Congress.
heading: Amendments
text: 1996—Pub. L. 104–333 amended section generally, substituting provisions relating to free-roaming horses for provisions relating to Ozark National Scenic Riverways Commission.
16 U.S.C. § 460m–7 (CONSERVATION)
§ 460m–7. Authorization of appropriations
There are hereby authorized to be appropriated such sums (but not more than $10,804,000 for the acquisition of lands or interests in lands) as are necessary to carry out the purposes of this subchapter.
(Pub. L. 88–492, § 8, Aug. 27, 1964, 78 Stat. 610; Pub. L. 92–272, title I, § 101(7), Apr. 11, 1972, 86 Stat. 120.)
heading: Editorial Notes
heading: Amendments
text: 1972—Pub. L. 92–272 increased maximum amount authorized to be appropriated for acquisition of lands or interests in lands from not more than $7,000,000 to not more than $10,804,000.
16 U.S.C. § 460m–8 (CONSERVATION)
§ 460m–8. Establishment
For the purposes of conserving and interpreting an area containing unique scenic and scientific features, and preserving as a free-flowing stream an important segment of the Buffalo River in Arkansas for the benefit and enjoyment of present and future generations, the Secretary of the Interior (hereinafter referred to as the “Secretary”) may establish and administer the Buffalo National River. The boundaries of the national river shall be as generally depicted on the drawing entitled “Proposed Buffalo National River” numbered NR–BUF–7103 and dated December 1967, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary is authorized to make minor revisions of the boundaries of the national river when necessary, after advising the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate in writing, but the total acreage within such boundaries shall not exceed ninety-five thousand seven hundred and thirty acres.
(Pub. L. 92–237, § 1, Mar. 1, 1972, 86 Stat. 44; Pub. L. 103–437, § 6(n)(1), Nov. 2, 1994, 108 Stat. 4586.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–437 substituted “Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate” for “Committees on Interior and Insular Affairs of the United States House of Representatives and the United States Senate”.
16 U.S.C. § 460m–10 (CONSERVATION)
§ 460m–10. Hunting and fishing; rules and regulations
The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the boundaries of the Buffalo National River in accordance with applicable Federal and State laws, except that he may designate zones where and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any rules and regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the Arkansas Fish and Game Commission.
(Pub. L. 92–237, § 3, Mar. 1, 1972, 86 Stat. 45.)
16 U.S.C. § 460m–12 (CONSERVATION)
§ 460m–12. Administration, protection, and development
The Secretary shall administer, protect, and develop the Buffalo National River in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.),1 as amended and supplemented; except that any other statutory authority available to the Secretary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of this subchapter.
(Pub. L. 92–237, § 5, Mar. 1, 1972, 86 Stat. 45.)
heading: Editorial Notes
heading: References in Text
text: The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
16 U.S.C. § 460m–13 (CONSERVATION)
§ 460m–13. Suitability for preservation as a wilderness; area review and report to President
Within three years from March 1, 1972, the Secretary shall review the area within the boundaries of the national river and shall report to the President, in accordance with section 1132(c) and (d) of this title, his recommendation as to the suitability or nonsuitability of any area within the national river for preservation as a wilderness, and any designation of any such area as a wilderness, shall be accomplished in accordance with said section 1132(c) and (d) of this title.
(Pub. L. 92–237, § 6, Mar. 1, 1972, 86 Stat. 46.)
16 U.S.C. § 460m–14 (CONSERVATION)
§ 460m–14. Authorization of appropriations
For the acquisition of lands and interests in lands, there are authorized to be appropriated not more than $39,948,000. For development of the national river, there are authorized to be appropriated not to exceed $9,371,000.
(Pub. L. 92–237, § 7, Mar. 1, 1972, 86 Stat. 46; Pub. L. 94–578, title I, § 101(3), title III, § 310, Oct. 21, 1976, 90 Stat. 2732, 2736; Pub. L. 95–625, title II, § 201(2), Nov. 10, 1978, 92 Stat. 3473.)
heading: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–625 increased land acquisition appropriations authorization to $39,948,000 from $30,071,500.
1976—Pub. L. 94–578 substituted “$30,071,500” for “$16,115,000” in provision covering the acquisition of lands and interests in lands and substituted “For development of the national river, there are authorized to be appropriated not to exceed $9,371,000” for “For development of the national river, there are authorized to be appropriated not more than $283,000 in fiscal year 1974; $2,923,000 in fiscal year 1975; $3,643,000 in fiscal year 1976; $1,262,000 in fiscal year 1977; and $1,260,000 in fiscal year 1978. The sums appropriated each year shall remain available until expended”.
16 U.S.C. § 460n (CONSERVATION)
§ 460n. Administration
In recognition of the national significance of the Lake Mead National Recreation Area, in the States of Arizona and Nevada, and in order to establish a more adequate basis for effective administration of such area for the public benefit, the Secretary of the Interior hereafter may exercise the functions and carry out the activities prescribed by this subchapter.
(Pub. L. 88–639, § 1, Oct. 8, 1964, 78 Stat. 1039.)
16 U.S.C. § 460n–2 (CONSERVATION)
§ 460n–2. Hualapai Indian lands; inclusion within area; mineral rights; leases and permits; hunting and fishing rights
The authorities granted by this subchapter shall be subject to the following exceptions and qualifications when exercised with respect to any tribal or allotted lands of the Hualapai Indians that may be included within the exterior boundaries of the Lake Mead National Recreation Area:
(a) The inclusion of Indian lands within the exterior boundaries of the area shall not be effective until approved by the Hualapai Tribal Council.
(b) Mineral developments or use of the Indian lands shall be permitted only in accordance with the laws that relate to Indian lands.
(c) Leases and permits for general recreational use, business sites, home sites, vacation cabin sites, and grazing shall be executed in accordance with the laws relating to leases of Indian lands, provided that all development and improvement leases so granted shall conform to the development program and standards prescribed for the Lake Mead National Recreation Area.
(d) Nothing in this subchapter shall deprive the members of the Hualapai Tribe of hunting and fishing privileges presently exercised by them, nor diminish those rights and privileges of that part of the reservation which is included in the Lake Mead Recreation Area.1
(Pub. L. 88–639, § 3, Oct. 8, 1964, 78 Stat. 1039.)
16 U.S.C. § 460n–3 (CONSERVATION)
§ 460n–3. Purposes and uses of area
(a) Public recreation, benefit, and use
Lake Mead National Recreation Area shall be administered by the Secretary of the Interior for general purposes of public recreation, benefit, and use, and in a manner that will preserve, develop, and enhance, so far as practicable, the recreation potential, and in a manner that will preserve the scenic, historic, scientific, and other important features of the area, consistently with applicable reservations and limitations relating to such area and with other authorized uses of the lands and properties within such area.
(b) Specific activities
In carrying out the functions prescribed by this subchapter, in addition to other related activities that may be permitted hereunder, the Secretary may provide for the following activities, subject to such limitations, conditions, or regulations as he may prescribe, and to such extent as will not be inconsistent with either the recreational use or the primary use of that portion of the area heretofore withdrawn for reclamation purposes:
(1) General recreation use, such as bathing, boating, camping, and picnicking;
(2) Grazing;
(3) Mineral leasing;
(4) Vacation cabin site use, in accordance with existing policies of the Department of the Interior relating to such use, or as such policies may be revised hereafter by the Secretary.
(Pub. L. 88–639, § 4, Oct. 8, 1964, 78 Stat. 1040.)
16 U.S.C. § 460n–4 (CONSERVATION)
§ 460n–4. Hunting, fishing and trapping
The Secretary of the Interior shall permit hunting, fishing, and trapping on the lands and waters under his jurisdiction within the recreation area in accordance with the applicable laws and regulations of the United States and the respective States: Provided, That the Secretary, after consultation with the respective State fish and game commissions, may issue regulations designating zones where and establishing periods when no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, or public use and enjoyment.
(Pub. L. 88–639, § 5, Oct. 8, 1964, 78 Stat. 1040.)
16 U.S.C. § 460n–5 (CONSERVATION)
§ 460n–5. Regulation of area; violations and penalties
Such national recreation area shall continue to be administered in accordance with regulations heretofore issued by the Secretary of the Interior relating to such areas, and the Secretary may revise such regulations or issue new regulations to carry out the purposes of this subchapter. In his administration and regulation of the area, the Secretary shall exercise authority, subject to the provisions and limitations of this subchapter, comparable to his general administrative authority relating to areas of the national park system.
Any person who violates a rule or regulation issued pursuant to this subchapter shall be guilty of a misdemeanor, and may be punished by a fine of not more than $500, or by imprisonment not exceeding six months, or by both such fine and imprisonment.
(Pub. L. 88–639, § 6, Oct. 8, 1964, 78 Stat. 1040; Pub. L. 91–383, § 10(a)(4), as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1941.)
heading: Editorial Notes
heading: Amendments
text: 1976—Pub. L. 91–383, § 10(a)(4), as added Pub. L. 94–458, struck out provisions relating to arrest powers of superintendent, caretakers, officers, or rangers of the Lake Mead National Recreation Area.
16 U.S.C. § 460n–6 (CONSERVATION)
§ 460n–6. Political jurisdiction; taxing power; Hualapai Indians
Nothing in this subchapter shall deprive any State, or any political subdivision thereof, of its civil and criminal jurisdiction over the lands within the said national recreation area, or of its rights to tax persons, corporations, franchises, or property on the lands included in such area. Nothing in this subchapter shall modify or otherwise affect the existing jurisdiction of the Hualapai Tribe or alter the status of individual Hualapai Indians within that part of the Hualapai Indian Reservation included in said Lake Mead National Recreation Area.
(Pub. L. 88–639, § 7, Oct. 8, 1964, 78 Stat. 1041.)
16 U.S.C. § 460n–7 (CONSERVATION)
§ 460n–7. Revenues and fees; disposition
Revenues and fees obtained by the United States from operation of the national recreation area shall be subject to the same statutory provisions concerning the disposition thereof as are similar revenues collected in areas of the national park system with the exception, that those particular revenues and fees including those from mineral developments, which the Secretary of the Interior finds are reasonably attributable to Indian lands shall be paid to the Indian owner of the land, and with the further exception that other fees and revenues obtained from mineral development and from activities under other public land laws within the recreation area shall be disposed of in accordance with the provisions of the applicable laws.
(Pub. L. 88–639, § 8, Oct. 8, 1964, 78 Stat. 1041.)
16 U.S.C. § 460n–8 (CONSERVATION)
§ 460n–8. United States magistrate judge: appointment; functions; probation; fees
A United States magistrate judge shall be appointed for that portion of the Lake Mead National Recreation Area that is situated in Mohave County, Arizona. Such magistrate judge shall be appointed by the United States district court having jurisdiction thereover, and the magistrate judge shall serve as directed by such court, as well as pursuant to, and within the limits of, the authority of said court.
The functions of the magistrate judge shall include the trial and sentencing of persons charged with the commission of misdemeanors and infractions as defined in section 3581 of title 18. The exercise of additional functions by the magistrate judge shall be consistent with and be carried out in accordance with the authority, laws, and regulations, of general application to United States magistrate judges. The probation laws shall be applicable to persons tried by the magistrate judge and he shall have power to grant probation. The magistrate judge shall receive the fees, and none other, provided by law for like or similar services.
(Pub. L. 88–639, § 9, Oct. 8, 1964, 78 Stat. 1041; Pub. L. 98–473, title II, § 222, Oct. 12, 1984, 98 Stat. 2028; Pub. L. 100–702, title IV, § 404(c), Nov. 19, 1988, 102 Stat. 4651; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–702 struck out after second sentence of second par. “The provisions of title 18, section 3402, and the rules of procedure and practice prescribed by the Supreme Court pursuant thereto, shall apply to all cases handled by such magistrate.”
1984—Pub. L. 98–473, § 222(a), substituted “magistrate” for “commissioner” wherever appearing in first par.
Pub. L. 98–473, § 222(b), substituted provisions relating to trial and sentencing of persons charged with misdemeanors and infractions as defined in section 3581 of title 18, for provisions relating to trial and sentencing of persons committing petty offenses as defined in title 18, section 1, and right of election of such persons to be tried in the district court of the United States.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “United States magistrate judge”, “magistrate judge”, and “United States magistrate judges” substituted for “United States magistrate”, “magistrate”, and “United States magistrates”, respectively, wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
heading: Effective Date of 1988 Amendment
text: Amendment by Pub. L. 100–702 effective Dec. 1, 1988, see section 407 of Pub. L. 100–702, set out as a note under section 2071 of Title 28, Judiciary and Judicial Procedure.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure.
16 U.S.C. § 460n–9 (CONSERVATION)
§ 460n–9. Authorization of appropriations
There are hereby authorized to be appropriated not more than $7,100,000 for the acquisition of land and interests in land pursuant to section 460n–1 of this title.
(Pub. L. 88–639, § 10, Oct. 8, 1964, 78 Stat. 1041; Pub. L. 93–477, title I, § 101(12), Oct. 26, 1974, 88 Stat. 1445.)
heading: Editorial Notes
heading: Amendments
text: 1974—Pub. L. 93–477 substituted “$7,100,000” for “$1,200,000”.
16 U.S.C. § 460o (CONSERVATION)
§ 460o. Establishment
In order to further the purposes of the joint resolution approved September 27, 1961 (re Delaware River Basin compact; 75 Stat. 688), and to provide in a manner coordinated with the other purposes of the Tocks Island Reservoir project, for public outdoor recreation use and enjoyment of the proposed Tocks Island Reservoir and lands adjacent thereto by the people of the United States and for preservation of the scenic, scientific, and historic features contributing to public enjoyment of such lands and waters, the Secretary of the Interior is authorized, as herein provided, to establish and administer the Delaware Water Gap National Recreation Area, hereinafter referred to as the “area”, as part of the Tocks Island Reservoir project, hereinafter referred to as “the project”.
(Pub. L. 89–158, § 1, Sept. 1, 1965, 79 Stat. 612.)
heading: Editorial Notes
heading: References in Text
text: The joint resolution approved September 27, 1961, referred to in text, is Pub. L. 87–328, which was not classified to the Code.
heading: Statutory Notes and Related Subsidiaries
heading: Joseph M. McDade Recreational Trail
text: Pub. L. 105–277, div. A, § 101(e) [title I, § 118], Oct. 21, 1998, 112 Stat. 2681–231, 2681–257, provided that: “The 37 mile River Valley Trail from the town of Delaware Gap to the edge of the town of Milford, Pennsylvania located within the Delaware Water Gap National Recreation Area shall hereafter be referred to in any law, regulation, document, or record of the United States as the Joseph M. McDade Recreational Trail.”
heading: Delaware Water Gap National Recreation Area Citizen Advisory Commission
text: Pub. L. 100–573, Oct. 31, 1988, 102 Stat. 2890, as amended by Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(K), Nov. 12, 1996, 110 Stat. 4196; Pub. L. 105–355, title V, § 507, Nov. 6, 1998, 112 Stat. 3264; Pub. L. 106–176, title III, § 301, Mar. 10, 2000, 114 Stat. 31, established Delaware Water Gap National Recreation Area Citizen Advisory Commission to advise Secretary of the Interior on management and operation of Delaware Water Gap National Recreation Area, and other matters affecting the recreation area and surrounding communities, and terminated Commission on the date that is 20 years after Oct. 31, 1988.