dreamproit/uscode huggingface dataset:
16 U.S.C. § 460z–11 (CONSERVATION)
§ 460z–11. Area review; report to the President; wilderness designation
Within three years from March 23, 1972, the Secretary shall review the area within the boundaries of the recreation area and shall report to the President, in accordance with section 1132(b) and (d) of this title, his recommendation as to the suitability or nonsuitability of any area within the recreation area for preservation as a wilderness, and any designation of any such area as a wilderness shall be accomplished in accordance with section 1132(b) and (d) of this title.
(Pub. L. 92–260, § 13, Mar. 23, 1972, 86 Stat. 102.)
heading: Editorial Notes
heading: Codification
text: Section 1132(b) and (d) of this title, the first time appearing in text, was in the original “subsections 3(b) and 3(d) of the Wilderness Act” and, the second time appearing in text, was in the original “said subsection of the Wilderness Act”.
16 U.S.C. § 460z–12 (CONSERVATION)
§ 460z–12. Federal-State cooperation
The Secretary shall cooperate with the State of Oregon or any political subdivision thereof in the administration of the recreation area and in the administration and protection of lands within or adjacent to the recreation area owned or controlled by the State or political subdivision there. Nothing in this subchapter shall deprive the State of Oregon or any political subdivision thereof of its right to exercise civil and criminal jurisdiction within the recreation area consistent with this subchapter, or of its right to tax persons, corporations, franchises, or other non-Federal property, including mineral or other interests, in or on lands or waters within the recreation area.
(Pub. L. 92–260, § 14, Mar. 23, 1972, 86 Stat. 102.)
16 U.S.C. § 460z–13 (CONSERVATION)
§ 460z–13. Authorization of appropriations
There are hereby authorized to be appropriated for the acquisition of lands, waters, and interests therein such sums as are necessary, not to exceed $5,750,000. For development of the recreation area, not more than $12,700,000 is authorized to be appropriated.
(Pub. L. 92–260, § 15, Mar. 23, 1972, 86 Stat. 102; Pub. L. 94–578, title III, § 316, Oct. 21, 1976, 90 Stat. 2737.)
heading: Editorial Notes
heading: Amendments
text: 1976—Pub. L. 94–578 substituted “There are hereby authorized to be appropriated for the acquisition of lands, waters, and interests therein such sums as are necessary, not to exceed $5,750,000” for “Money appropriated from the Land and Water Conservation Fund shall be available for the acquisition of lands, waters, and interests therein within the recreation area, but not more than $2,500,000 is authorized to be appropriated for such purposes”.
16 U.S.C. § 460aa (CONSERVATION)
§ 460aa. Establishment
(a) In general
In order to assure the preservation and protection of the natural, scenic, historic, pastoral, and fish and wildlife values and to provide for the enhancement of the recreational values associated therewith, the Sawtooth National Recreation Area is hereby established.
(b) Boundaries; publication in Federal Register
The Sawtooth National Recreation Area (hereafter referred to as the “recreation area”), including the Sawtooth Wilderness Area (hereafter referred to as the “wilderness area”), shall comprise the lands generally depicted on the map entitled “Sawtooth National Recreation Area” dated June 1972, which shall be on file and available for public inspection in the office of the Chief, Forest Service, Department of Agriculture. The Secretary of Agriculture (hereafter referred to as the “Secretary”) shall, as soon as practicable after August 22, 1972, publish a detailed description and map showing the boundaries of the recreation area in the Federal Register.
(Pub. L. 92–400, § 1, Aug. 22, 1972, 86 Stat. 612.)
16 U.S.C. § 460aa–1 (CONSERVATION)
§ 460aa–1. Administration
(a) Recreation area
The Secretary shall administer the recreation area in accordance with the laws, rules and regulations applicable to the national forests in such manner as will best provide (1) the protection and conservation of the salmon and other fisheries; (2) the conservation and development of scenic, natural, historic, pastoral, wildlife, and other values, contributing to and available for public recreation and enjoyment, including the preservation of sites associated with and typifying the economic and social history of the American West; and (3) the management, utilization, and disposal of natural resources on federally owned lands such as timber, grazing, and mineral resources insofar as their utilization will not substantially impair the purposes for which the recreation area is established.
(b) Wilderness area
The lands designated as the Sawtooth Wilderness Area, which supersedes the Sawtooth Primitive Area, shall be administered in accordance with the provisions of this subchapter and the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.], whichever is more restrictive, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this subchapter.
(Pub. L. 92–400, § 2, Aug. 22, 1972, 86 Stat. 612.)
heading: Editorial Notes
heading: References in Text
text: The Wilderness Act, referred to in subsec. (b), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.
The effective date of the Wilderness Act, referred to in subsec. (b), means Sept. 3, 1964, the date of enactment of Pub. L. 88–577, which enacted chapter 23 of this title.
The effective date of this subchapter, referred to in subsec. (b), means Aug. 22, 1972, the date of enactment of Pub. L. 92–400, which enacted this subchapter.
16 U.S.C. § 460aa–3 (CONSERVATION)
§ 460aa–3. Private land, regulations
(a) Use, subdivision and development standards; detail and specificity; land differences; amendment; promulgation; civil actions: jurisdiction, complaint, declaratory judgment
The Secretary shall make and publish regulations setting standards for the use, subdivision, and development of privately owned property within the boundaries of the recreation area. Such regulations shall be generally in furtherance of the purposes of this subchapter and shall have the object of assuring that the highest and best private use, subdivision, and development of such privately owned property is consistent with the purposes of this subchapter and with the overall general plan of the recreation area. Such regulations shall be as detailed and specific as is reasonably required to accomplish such objective and purpose. Such regulations may differ amongst the several parcels of private land in the boundaries and may from time to time be amended by the Secretary. All regulations adopted under this section shall be promulgated in conformity with the provisions of subchapter II of chapter 5, and chapter 7, of title 5. The United States District Court for the District of Idaho shall have jurisdiction to review any regulations established pursuant to the first sentence of this subsection, upon a complaint filed within six months after the effective date of such regulations, by any affected landowner in an action for a declaratory judgment.
(b) Condemnation restriction; acquisitions limitation
After publication of such regulations, no privately owned lands shall be acquired by the Secretary by condemnation unless he determines, in his judgment, that such lands are being used, or are in imminent danger of being used, in a manner incompatible with the regulations established pursuant to this section or unless such lands are determined to be necessary for access or development, in which case such acquisitions shall be subject to the 5 per centum limitation established in section 460aa–2(a) of this title.
(Pub. L. 92–400, § 4, Aug. 22, 1972, 86 Stat. 613.)
heading: Editorial Notes
heading: Codification
text: In subsec. (a), “subchapter II of chapter 5, and chapter 7, of title 5” was substituted for “the Administrative Procedure Act” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
16 U.S.C. § 460aa–4 (CONSERVATION)
§ 460aa–4. Repealed. Pub. L. 114–46, title I, § 108(a), Aug. 7, 2015, 129 Stat. 480
text: Section, Pub. L. 92–400, § 5, Aug. 22, 1972, 86 Stat. 614, related to administrative determination of suitability for designation as wilderness areas.
16 U.S.C. § 460aa–5 (CONSERVATION)
§ 460aa–5. Cooperation with other agencies in development and operation of facilities and services; Stanley, restoration
The Secretary may cooperate with other Federal agencies, with State and local public agencies, and with private individuals and agencies in the development and operation of facilities and services in the area in furtherance of the purposes of this subchapter, including, but not limited to, the restoration and maintenance of the historic setting and background of the frontier ranch-type town of Stanley.
(Pub. L. 92–400, § 6, Aug. 22, 1972, 86 Stat. 614.)
16 U.S.C. § 460aa–6 (CONSERVATION)
§ 460aa–6. State civil and criminal jurisdiction
Nothing in this subchapter shall diminish, enlarge, or modify any right of the State of Idaho, or any political subdivision thereof, to exercise civil and criminal jurisdiction within the recreation area or of rights to tax persons, corporations, franchises, or property, including mineral or other interests, in or on lands or waters within the recreation area.
(Pub. L. 92–400, § 7, Aug. 22, 1972, 86 Stat. 614.)
16 U.S.C. § 460aa–7 (CONSERVATION)
§ 460aa–7. Hunting and fishing regulations
The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the boundaries of the recreation area in accordance with applicable laws of the United States and the State of Idaho, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, or public use and enjoyment. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department.
(Pub. L. 92–400, § 8, Aug. 22, 1972, 86 Stat. 614.)
16 U.S.C. § 460aa–8 (CONSERVATION)
§ 460aa–8. Federal-State water rights
The jurisdiction of the State and the United States over waters of any stream included in the recreation area shall be determined by established principles of law. Under the provisions of this subchapter, any taking by the United States of a water right which is vested under either State or Federal law at the time of enactment of this subchapter shall entitle the owner thereof to just compensation. Nothing in this subchapter shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws.
(Pub. L. 92–400, § 9, Aug. 22, 1972, 86 Stat. 614.)
heading: Editorial Notes
heading: References in Text
text: Time of enactment of this subchapter, referred to in text, means Aug. 22, 1972, the date of enactment of Pub. L. 92–400, which enacted this subchapter.
16 U.S.C. § 460aa–9 (CONSERVATION)
§ 460aa–9. Mining restriction; Federal lands withdrawn from location, entry, and patent under United States mining laws
Subject to valid existing rights, all Federal lands located in the recreation area are hereby withdrawn from all forms of location, entry, and patent under the mining laws of the United States.
(Pub. L. 92–400, § 10, Aug. 22, 1972, 86 Stat. 614.)
16 U.S.C. § 460aa–10 (CONSERVATION)
§ 460aa–10. Land surface protection; regulations
The Congress hereby recognizes and declares the need to take action to regulate the use of, and protect the surface values of, the Federal lands in the recreation area, and directs that rules and regulations necessary to carry out this section shall be promulgated and issued by the Secretary of Agriculture after consultation with the Secretary of the Interior. Such regulations shall include, when deemed necessary, provisions for control of the use of motorized and mechanical equipment for transportation over, or alteration of, the surface of such Federal land in connection with any authorized activities on such land, including but not limited to mineral prospecting, exploration, or development operations.
(Pub. L. 92–400, § 11, Aug. 22, 1972, 86 Stat. 614.)
16 U.S.C. § 460aa–12 (CONSERVATION)
§ 460aa–12. Authorization of appropriations; availability of land and water conservation fund money
There are authorized to be appropriated for the purposes of this subchapter not more than $47,802,000 for the acquisition of lands and interests in lands and not more than $26,241,000 for development. Money appropriated from the land and water conservation fund shall be available for the acquisition of lands, waters, and interests therein within the recreation area.
(Pub. L. 92–400, § 13, Aug. 22, 1972, 86 Stat. 615; Pub. L. 95–625, title II, § 202, Nov. 10, 1978, 92 Stat. 3473.)
heading: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–625 increased land acquisition appropriations authorization to $47,802,000 from $19,802,000.
16 U.S.C. § 460aa–13 (CONSERVATION)
§ 460aa–13. Area analysis for park or park administrative unit proposal
(a) Report to Congress
The Secretary of the Interior, in consultation with appropriate Federal, State, and local agencies, shall make a comprehensive analysis of the natural, economic, and cultural values of the recreation area and the adjacent Pioneer Mountains for the purpose of evaluating the potentiality of establishing therein a national park or other unit of the national park system. He shall submit a report of the results of the analysis along with his recommendations to the Congress by December 31, 1974.
(b) Considerations manifested in report to Congress
His report shall show that in making the aforesaid recommendations he took into consideration, among other things—
(1) the feasible alternative uses of the land and the long- and short-term effect of such alternative uses upon, but not limited to, the following—
(A) the State and local economy,
(B) the natural and cultural environment,
(C) the management and use of water resources,
(D) the management of grazing, timber, mineral, and other commercial activities,
(E) the management of fish and wildlife resources,
(F) the continued occupancy of existing homesites, campsites, commercial and public recreation enterprises, and other privately owned properties and the future development of the same,
(G) the interrelation between recreation areas, wilderness areas and park lands, and
(2) the establishment of a national park in the mountain peaks and upland areas together with such portions of the national recreation area as may be necessary and appropriate for the proper administration and public use of and access to such parks lands, leaving the valleys and low-lying lands available for multiple-use purposes.
(c) Master plan, cost estimates and proposed legislation for establishment of park administrative unit
Any recommendation for the establishment of a unit of the national park system shall be accompanied by (1) a master plan for the development and administration of such unit, indicating proposed boundaries, access or other roads, visitor facilities, and proposed management concepts applicable to such unit; (2) a statement of the estimated Federal cost for acquisition, development, and operation of such unit; and (3) proposed legislation for establishment of such park administrative unit.
(d) Authorization of appropriations
There are authorized to be appropriated not more than $50,000 to carry out the provisions of this section.
(Pub. L. 92–400, § 14, Aug. 22, 1972, 86 Stat. 615.)
16 U.S.C. § 460bb–4 (CONSERVATION)
§ 460bb–4. Golden Gate National Recreation Area Advisory Commission
(a) Establishment
There is hereby established the Golden Gate National Recreation Area Advisory Commission (hereinafter referred to as the “Commission”).
(b) Membership; appointment; term of office
The Commission shall be composed of eighteen members appointed by the Secretary for terms of five years each.1 Provided, That the terms of those members who have been either appointed or reappointed subsequent to January 1, 1979, shall be extended so as to expire not before June 1, 1985.
(c) Vacancies
Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made.
(d) Compensation and expenses; vouchers
Members of the Commission shall serve without compensation, as such, but the Secretary may pay, upon vouchers signed by the Chairman, the expenses reasonably incurred by the Commission and its members in carrying out their responsibilities under this subchapter.
(e) Consultations of Secretary with members
The Secretary, or his designee, shall from time to time, but at least annually, meet and consult with the Commission on general policies and specific matters related to planning, administration and development affecting the recreation area and other units of the national park system in Marin, San Mateo, and San Francisco Counties.
(f) Voting
The Commission shall act and advise by affirmative vote of a majority of the members thereof.
(g) Termination date
The Commission shall cease to exist thirty years after October 27, 1972.
(Pub. L. 92–589, § 5, Oct. 27, 1972, 86 Stat. 1302; Pub. L. 95–625, title III, § 317(g), Nov. 10, 1978, 92 Stat. 3486; Pub. L. 96–344, § 4(2), (3), Sept. 8, 1980, 94 Stat. 1134; Pub. L. 96–607, title X, § 1001(6), (7), Dec. 28, 1980, 94 Stat. 3545; Pub. L. 102–525, title III, § 303, Oct. 26, 1992, 106 Stat. 3441.)
heading: Editorial Notes
heading: Amendments
text: 1992—Subsec. (g). Pub. L. 102–525 substituted “thirty” for “twenty”.
1980—Subsec. (b). Pub. L. 96–607, § 1001(6), substituted “eighteen” for “seventeen”.
Pub. L. 96–344, § 4(2), substituted “five” for “three” and inserted proviso that the terms of members appointed or reappointed subsequent to Jan. 1, 1979, be extended so as not to expire before June 1, 1985.
Subsec. (e). Pub. L. 96–607, § 1001(7), substituted “Marin, San Mateo,” for “Marin”.
Subsec. (g). Pub. L. 96–344, § 4(3), substituted “twenty” for “ten”.
1978—Subsec. (b). Pub. L. 95–625 increased Commission membership from fifteen to seventeen.
16 U.S.C. § 460bb–5 (CONSERVATION)
§ 460bb–5. Authorization of appropriations; limitation; adjustments
There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter, but not more than $61,610,000 plus $15,500,000 shall be appropriated for the acquisition of lands and interests in lands. There are authorized to be appropriated not more than $58,000,000 (May 1971 prices) for the development of the recreation area, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the type of construction involved herein said total development ceiling to be reduced by $10,000,000.
(Pub. L. 92–589, § 6, Oct. 27, 1972, 86 Stat. 1303; Pub. L. 96–199, title I, § 103(b), Mar. 5, 1980, 94 Stat. 68.)
heading: Editorial Notes
heading: Amendments
text: 1980—Pub. L. 96–199 inserted “plus $15,500,000” after “$61,610,000” and “said total development ceiling to be reduced by $10,000,000” after “type of construction involved herein”.
16 U.S.C. § 460cc–3 (CONSERVATION)
§ 460cc–3. Gateway National Recreation Area Advisory Commission
(a) Establishment; termination date
There is hereby established a Gateway National Recreation Area Advisory Commission (hereinafter referred to as the “Commission”). Said Commission shall terminate twenty years after the date of the establishment of the recreation area.
(b) Membership; appointment; terms of office; representation of interests
The Commission shall be composed of fifteen members each appointed for a term of two years by the Secretary as follows:
(1) two members to be appointed from recommendations made by the Governor of the State of New York;
(2) two members to be appointed from recommendations made by the Governor of the State of New Jersey;
(3) two members to be appointed from recommendations made by the mayor of New York City;
(4) two members to be appointed from recommendations made by the mayor of Newark, New Jersey; and
(5) seven members to be appointed by the Secretary to represent the general public.
(c) Chairman; vacancies
The Secretary shall designate one member to be Chairman. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made.
(d) Compensation and expenses; vouchers
A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibility under this subchapter upon vouchers signed by the Chairman.
(e) Voting
The Commission established by this section shall act and advise by affirmative vote of a majority of the members thereof.
(f) Consultations of Secretary with members
The Secretary or his designee shall, from time to time, consult with the members of the Commission with respect to matters relating to the development of the recreation area.
(Pub. L. 92–592, § 4, Oct. 27, 1972, 86 Stat. 1310; Pub. L. 96–344, § 11(2), Sept. 8, 1980, 94 Stat. 1136; Pub. L. 97–232, § 2, Aug. 9, 1982, 96 Stat. 259.)
heading: Editorial Notes
heading: Amendments
text: 1982—Subsec. (a). Pub. L. 97–232 substituted “twenty” for “ten”.
1980—Subsec. (b). Pub. L. 96–344 substituted in provision preceding par. (1) “fifteen” for “eleven” and in par. (5) “seven” for “three”.
16 U.S.C. § 460cc–4 (CONSERVATION)
§ 460cc–4. Authorization of appropriations; limitation; adjustments
There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter, but not more than $12,125,000 for the acquisition of lands and interests in lands and not more than $92,813,000 (July, 1971 prices) for development of the recreation area, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in the construction costs as indicated by engineering cost indices applicable to the type of construction involved herein.
(Pub. L. 92–592, § 5, Oct. 27, 1972, 86 Stat. 1311.)