dreamproit/uscode huggingface dataset:
16 U.S.C. § 698j (CONSERVATION)
§ 698j. Hunting, fishing, and trapping in Big Cypress Preserve and Addition authorized in accordance with applicable Federal and State laws; consultation with appropriate State agency prior to implementation of regulations restricting activities; land use and retention rights of Miccosukee and Seminole Indian Tribes
The Secretary shall permit hunting, fishing, and trapping on lands and waters under his jurisdiction within the preserve and the Addition in accordance with the applicable laws of the United States and the State of Florida, except that he may designate zones where and periods when no hunting, fishing, trapping, or entry may be permitted for reasons of public safety, administration, floral and faunal protection and management, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting, fishing, or trapping shall be put into effect only after consultation with the appropriate State agency having jurisdiction over hunting, fishing, and trapping activities. Notwithstanding this section or any other provision of sections 698f to 698m–4 of this title, members of the Miccosukee Tribe of Indians of Florida and members of the Seminole Tribe of Florida shall be permitted, subject to reasonable regulations established by the Secretary, to continue their usual and customary use and occupancy of Federal or federally acquired lands and waters within the preserve and the Addition, including hunting, fishing, and trapping on a subsistence basis and traditional tribal ceremonials.
(Pub. L. 93–440, § 5, Oct. 11, 1974, 88 Stat. 1260; Pub. L. 100–301, § 3(b), Apr. 29, 1988, 102 Stat. 444.)
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–301 inserted “and the Addition” in two places.
16 U.S.C. § 698k (CONSERVATION)
§ 698k. Contracts for providing visitor services in Big Cypress Preserve and Addition; right of first refusal to Miccosukee and Seminole Tribes
Notwithstanding any other provision of law, before entering into any contract for the provision of revenue producing visitor services,
(i) the Secretary shall offer those members of the Miccosukee and Seminole Indian Tribes who, on January 1, 1972 (January 1, 1985, in the case of the Addition), were engaged in the provision of similar services, a right of first refusal to continue providing such services within the preserve and the Addition subject to such terms and conditions as he may deem appropriate, and
(ii) before entering into any contract or agreement to provide new revenue-producing visitor services within the preserve or within the Addition, the Secretary shall offer to the Miccosukee Tribe of Indians of Florida and the Seminole Tribe of Florida the right of first refusal to provide such services, the right to be open for a period of ninety days. Should both Tribes respond with proposals that satisfy the terms and conditions established by the Secretary, the Secretary may allow the Tribes an additional period of ninety days in which to enter into an inter-Tribal cooperative agreement to provide such visitor services, but if neither tribe responds with proposals that satisfy the terms and conditions established by the Secretary, then the Secretary shall provide such visitor services in accordance with subchapter IV of chapter 1 of this title. No such agreement may be assigned or otherwise transferred without the consent of the Secretary.
(Pub. L. 93–440, § 6, Oct. 11, 1974, 88 Stat. 1260; Pub. L. 100–301, § 3(d), Apr. 29, 1988, 102 Stat. 444.)
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–301 in cl. (i) inserted “(January 1, 1985, in the case of the Addition)” after “1972” and “and the Addition” after “preserve”, and in cl. (ii) inserted “or within the Addition” after “preserve”.
16 U.S.C. § 698l (CONSERVATION)
§ 698l. Review of Big Cypress Preserve area and Addition area by Secretary; report to President
Within five years from October 11, 1974, with respect to the preserve and five years from April 29, 1988, with respect to the Addition, the Secretary shall review the area within the preserve or the area within the Addition (as the case may be) and shall report to the President, in accordance with section 1132(c) and (d) of this title, his recommendations as to the suitability or nonsuitability of any area within the preserve or the area within the Addition (as the case may be) for preservation as wilderness, and any designation of any such areas as a wilderness shall be accomplished in accordance with section 1132(c) and (d) of this title.
(Pub. L. 93–440, § 7, Oct. 11, 1974, 88 Stat. 1261; Pub. L. 100–301, § 3(c), Apr. 29, 1988, 102 Stat. 444.)
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–301 inserted “with respect to the preserve and five years from April 29, 1988, with respect to the Addition” after “October 11, 1974,” and “or the area within the Addition (as the case may be)” after “preserve” in two places.
16 U.S.C. § 698m (CONSERVATION)
§ 698m. Authorization of appropriations for Big Cypress Preserve and Addition
(a) Except as provided in subsection (b), there are authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 698f to 698m–4 of this title, but not to exceed $156,700,000 for the acquisition of lands and interests in lands and not to exceed $900,000 for development. Any funds donated to the United States by the State of Florida pursuant to chapter 73–131 of the Florida statutes shall be used solely for the acquisition of lands and interests in land within the preserve.
(b) There is hereby authorized to be appropriated from the Land and Water Conservation Fund not to exceed $49,500,000 for the acquisition of lands within the Addition. There is hereby authorized to be appropriated such sums as may be necessary for development in the Addition.
(Pub. L. 93–440, § 8, Oct. 11, 1974, 88 Stat. 1261; Pub. L. 95–625, title II, § 201(1), Nov. 10, 1978, 92 Stat. 3473; Pub. L. 100–301, § 7, Apr. 29, 1988, 102 Stat. 446.)
heading: Editorial Notes
heading: Amendments
text: 1988—Subsec. (a). Pub. L. 100–301, § 7(1), designated existing provisions as subsec. (a), substituted “Except as provided in subsection (b), there” for “There”, and added subsec. (b).
1978—Pub. L. 95–625 increased land acquisition appropriations authorization to $156,700,000 from $116,000,000.
16 U.S.C. § 698m–1 (CONSERVATION)
§ 698m–1. Big Cypress National Preserve Addition
(a) Establishment
In order to—
(1) achieve the purposes of section 698f of this title;
(2) complete the preserve in conjunction with the planned construction of Interstate Highway 75; and
(3) insure appropriately managed use and access to the Big Cypress Watershed in the State of Florida,
the Big Cypress National Preserve Addition is established.
(b) Location; boundaries; publication in Federal Register
The Big Cypress National Preserve Addition (referred to in sections 698f to 698m–4 of this title as the “Addition”) shall comprise approximately 146,000 acres as generally depicted on the map entitled Big Cypress National Preserve Addition, dated April, 1987, and numbered 176–91000C, which shall be on file and available for public inspection in the Office of the National Park Service, Department of the Interior, Washington, D.C., and shall be filed with appropriate offices of Collier County in the State of Florida. The Secretary shall, as soon as practicable, publish a detailed description of the boundaries of the Addition in the Federal Register.
(c) Designation; management
The area within the boundaries depicted on the map referred to in subsection (b) shall be known as the “Big Cypress National Preserve Addition” and shall be managed in accordance with section 698i of this title.
(d) Completion of land acquisition; time
For purposes of administering the Addition and notwithstanding section 698g(c) of this title, it is the express intent of the Congress that the Secretary should substantially complete the land acquisition program contemplated with respect to the Addition in not more than five years after April 29, 1988.
(Pub. L. 93–440, § 9, as added Pub. L. 100–301, § 3(a), Apr. 29, 1988, 102 Stat. 444.)
16 U.S.C. § 698m–2 (CONSERVATION)
§ 698m–2. Establishment of recreational access points, roads, etc., in conjunction with creation of Big Cypress National Preserve Addition; cooperation among agencies
The Secretary and other involved Federal agencies shall cooperate with the State of Florida to establish recreational access points and roads, rest and recreation areas, wildlife protection, hunting, fishing, frogging, and other traditional recreational opportunities in conjunction with the creation of the Addition and in the construction of Interstate Highway 75. Three of such access points shall be located within the preserve (including the Addition).
(Pub. L. 93–440, § 10, as added Pub. L. 100–301, § 5, Apr. 29, 1988, 102 Stat. 445.)
16 U.S.C. § 698m–3 (CONSERVATION)
§ 698m–3. Status of Big Cypress National Preserve and Addition; report to Congress; plan
Not later than two years after April 29, 1988, the Secretary shall submit to the Congress a detailed report on, and further plan for, the preserve and Addition including—
(1) the status of the existing preserve, the effectiveness of past regulation and management of the preserve, and recommendations for future management of the preserve and the Addition;
(2) a summary of the public’s use of the preserve and the status of the access points developed pursuant to section 698m–2 of this title;
(3) the need for involvement of other State and Federal agencies in the management and expansion of the preserve and Addition;
(4) the status of land acquisition; and
(5) a determination, made in conjunction with the State of Florida, of the adequacy of the number, location, and design of the recreational access points on I–75/Alligator Alley for access to the Big Cypress National Preserve, including the Addition.
The determination required by paragraph (5) shall incorporate the results of any related studies of the State of Florida Department of Transportation and other Florida State agencies. Any recommendation for significant changes in the approved recreational access points, including any proposed additions, shall be accompanied by an assessment of the environmental impact of such changes.
(Pub. L. 93–440, § 11, as added Pub. L. 100–301, § 6, Apr. 29, 1988, 102 Stat. 446.)
16 U.S.C. § 698o (CONSERVATION)
§ 698o. Protection of significant historic assets
The Secretary, with the consent of the owners thereof, may acquire by donation or purchase with donated funds the following properties or sites of significant historic interest in Duval County, Florida:
(1) Spanish sixteenth century forts San Gabriel and San Estaban.
(2) Spanish eighteenth century fort Dos Hermanas.
(3) English eighteenth century forts at Saint Johns Bluff and Fort George Island.
(4) Spanish sixteenth and seventeenth century mission San Juan del Puerto.
(5) Site of the American Revolutionary War battle of Thomas Creek.
(6) The Zephaniah Kingsley plantation, with its eighteenth and nineteenth century buildings.
(7) The Spanish American War fortification on Saint Johns Bluff.
(8) The confederate fort known as the Yellow Bluff Fort State Historic Site.
(Pub. L. 100–249, title II, § 202, Feb. 16, 1988, 102 Stat. 14.)
16 U.S.C. § 698p (CONSERVATION)
§ 698p. Integrated administration and interpretation
Any properties of historic interest acquired under section 698o of this title shall become part of the Preserve established under section 698n of this title. The Secretary shall administer such properties in accordance with a plan that integrates the administration and interpretation of the ecological values of the Preserve and the historical values of the sites so acquired and the historical features of Fort Caroline. Such administration and interpretation shall be conducted through the facilities and staff of Fort Caroline National Memorial consistent with section 2 of the Act of September 21, 1950 (64 Stat. 897).
(Pub. L. 100–249, title II, § 203, Feb. 16, 1988, 102 Stat. 15.)
heading: Editorial Notes
heading: References in Text
text: Section 2 of the Act of September 21, 1950, referred to in text, is section 2 of act Sept. 21, 1950, ch. 973, 64 Stat. 897, which is not classified to the Code.
16 U.S.C. § 698q (CONSERVATION)
§ 698q. Little River Canyon National Preserve; establishment
(a) In general
In order to protect and preserve the natural, scenic, recreational, and cultural resources of the Little River Canyon area in DeKalb and Cherokee Counties, Alabama, and to provide for the protection and public enjoyment of the resources, there is established the Little River Canyon National Preserve (referred to in sections 698q to 698t of this title as the “Preserve”).
(b) Area included
(1) In general
The Preserve shall consist of the lands, waters, and interests in lands and waters generally depicted on the boundary map entitled “Little River Canyon National Preserve”, numbered NA–LRNP–80,001C, and dated March 1992.
(2) Boundary expansion
The boundary of the Preserve is modified to include the land depicted on the map entitled “Little River Canyon National Preserve Proposed Boundary”, numbered 152/80,004, and dated December 2007.
(c) Map
The maps referred to in subsection (b) shall—
(1) be on file and available for public inspection in the offices of the National Park Service of the Department of the Interior in Washington, District of Columbia; and
(2) be filed with the appropriate offices of DeKalb and Cherokee Counties in the State of Alabama.
(d) Publication of description
Not later than 6 months after October 21, 1992, the Secretary of the Interior (referred to in sections 698q to 698t of this title as the “Secretary”) shall publish in the Federal Register a detailed description of the boundaries of the Preserve.
(Pub. L. 102–427, § 2, Oct. 21, 1992, 106 Stat. 2179; Pub. L. 111–11, title VII, § 7103, Mar. 30, 2009, 123 Stat. 1190.)
heading: Editorial Notes
heading: Amendments
text: 2009—Subsec. (b). Pub. L. 111–11, § 7103(1), designated existing provisions as par. (1), inserted heading, and added par. (2).
Subsec. (c). Pub. L. 111–11, § 7103(2), substituted “maps” for “map” in introductory provisions.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 102–427, § 1, Oct. 21, 1992, 106 Stat. 2179, provided that: “This Act [enacting this section and sections 698r to 698t of this title] may be cited as the ‘Little River Canyon National Preserve Act of 1992’.”
16 U.S.C. § 698s (CONSERVATION)
§ 698s. Acquisition
(a) Authorization
(1) In general
Subject to paragraphs (2) and (3), the Secretary is authorized to acquire lands, waters, and interests in lands and waters within the boundaries of the Preserve by donation, purchase with donated or appropriated funds, or exchange.
(2) Consent of the owner
The Secretary may not acquire lands, waters, or interests in lands and waters for the Preserve without the consent of the owner.
(3) State lands
Lands, waters, and interests in lands and waters within the boundaries of the Preserve that are owned by the State of Alabama, or any political subdivision of the State, may be acquired only by donation or exchange.
(b) Negotiations for acquisition
(1) Commencement of negotiations
Immediately after publication of a description of the boundaries of the Preserve in accordance with section 698q(d) of this title, the Secretary shall commence negotiations for the acquisition of the lands, waters, and interests in lands and waters within the boundaries of the Preserve.
(2) Report to Congress
Not later than 1 year after October 21, 1992, the Secretary shall submit, in writing, a detailed schedule of actions and a progress report regarding the acquisition to—
(A) the Committee on Energy and Natural Resources of the Senate;
(B) the Committee on Natural Resources of the House of Representatives; and
(C) the Committees on Appropriations of Congress.
(3) Acquisition deadline
The Secretary shall substantially complete the acquisition of the lands, waters, and interests in lands and waters within the Preserve, in accordance with the purposes of sections 698q to 698t of this title, not later than 2 years after October 21, 1992, subject to the availability of funds.
(c) Environmental audits
(1) Availability to owner
Promptly following completion of any environmental audit performed by or on behalf of the Secretary with respect to any property proposed to be acquired for the purposes of sections 698q to 698t of this title, the Secretary shall make available to the owner of the property a copy of the audit.
(2) Inclusion in documents transferring title
Any audit described in paragraph (1), and any environmental audit performed by the owner of the property and submitted to the Secretary prior to the date of the acquisition, shall be included as part of the documents transferring title to the property to the United States.
(d) Future additions
No lands or interest in lands may be added to the Preserve after October 21, 1992, without specific authorization by Congress and the consent of the owner of the lands or interest.
(Pub. L. 102–427, § 4, Oct. 21, 1992, 106 Stat. 2181; Pub. L. 103–437, § 6(d)(36), Nov. 2, 1994, 108 Stat. 4585.)
heading: Editorial Notes
heading: Amendments
text: 1994—Subsec. (b)(2)(B). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs”.
16 U.S.C. § 698u (CONSERVATION)
§ 698u. Tallgrass Prairie National Preserve: findings and purposes
(a) Findings
Congress finds that—
(1) of the 400,000 square miles of tallgrass prairie that once covered the North American Continent, less than 1 percent remains, primarily in the Flint Hills of Kansas;
(2) in 1991, the National Park Service conducted a special resource study of the Spring Hill Ranch, located in the Flint Hills of Kansas;
(3) the study concludes that the Spring Hill Ranch—
(A) is a nationally significant example of the once vast tallgrass ecosystem, and includes buildings listed on the National Register of Historic Places pursuant to section 101 of the National Historic Preservation Act (16 U.S.C. 470a) 1 that represent outstanding examples of Second Empire and other 19th Century architectural styles; and
(B) is suitable and feasible as a potential addition to the National Park System; and
(4) the National Park Trust, which owns the Spring Hill Ranch, has agreed to permit the National Park Service—
(A) to acquire a portion of the ranch, as specified in sections 698u to 698u–7 of this title; and
(B) to manage the ranch in order to—
(i) conserve the scenery, natural and historic objects, and wildlife of the ranch; and
(ii) provide for the enjoyment of the ranch in such a manner and by such means as will leave the scenery, natural and historic objects, and wildlife unimpaired for the enjoyment of future generations.
(b) Purposes
The purposes of sections 698u to 698u–7 of this title are—
(1) to preserve, protect, and interpret for the public an example of a tallgrass prairie ecosystem on the Spring Hill Ranch, located in the Flint Hills of Kansas; and
(2) to preserve and interpret for the public the historic and cultural values represented on the Spring Hill Ranch.
(Pub. L. 104–333, div. I, title X, § 1002, Nov. 12, 1996, 110 Stat. 4204; Pub. L. 106–176, title I, § 122(1), Mar. 10, 2000, 114 Stat. 29.)
heading: Editorial Notes
heading: References in Text
text: Section 101 of the National Historic Preservation Act (16 U.S.C. 470a), referred to in subsec. (a)(3)(A), is section 101 of Pub. L. 89–665, which was repealed and restated as chapters 3021 to 3027 and sections 302902(a), 302903(a), 302904 to 302909, 303902, 303903, and 306101(b) and (c) of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272.
heading: Amendments
text: 2000—Subsec. (a)(4)(A). Pub. L. 106–176 substituted “to acquire” for “to purchase”.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 104–333, div. I, title X, § 1001, Nov. 12, 1996, 110 Stat. 4204, provided that: “This subtitle [subtitle A (§§ 1001–1009) of title X of div. I of Pub. L. 104–333, enacting this section and sections 698u–1 to 698u–7 of this title] may be cited as the ‘Tallgrass Prairie National Preserve Act of 1996’.”
16 U.S.C. § 698u–1 (CONSERVATION)
§ 698u–1. Definitions
In sections 698u to 698u–7 of this title:
(1) Advisory Committee
The term “Advisory Committee” means the Advisory Committee established under section 698u–5 of this title.
(2) Preserve
The term “Preserve” means the Tallgrass Prairie National Preserve established by section 698u–2 of this title.
(3) Secretary
The term “Secretary” means the Secretary of the Interior.
(4) Trust
The term “Trust” means the National Park Trust, Inc., a District of Columbia nonprofit corporation, or any successor-in-interest.
(Pub. L. 104–333, div. I, title X, § 1003, Nov. 12, 1996, 110 Stat. 4205.)
16 U.S.C. § 698u–2 (CONSERVATION)
§ 698u–2. Establishment of Tallgrass Prairie National Preserve
(a) In general
In order to provide for the preservation, restoration, and interpretation of the Spring Hill Ranch area of the Flint Hills of Kansas, for the benefit and enjoyment of present and future generations, there is established the Tallgrass Prairie National Preserve.
(b) Description
The Preserve shall consist of the lands and interests in land, including approximately 10,894 acres, generally depicted on the map entitled “Boundary Map, Flint Hills Prairie National Monument” numbered NM–TGP 80,000 and dated June 1994, more particularly described in the deed filed at 8:22 a.m. on June 3, 1994, with the Office of the Register of Deeds in Chase County, Kansas, and recorded in Book L–106 at pages 328 through 339, inclusive. In the case of any difference between the map and the legal description, the legal description shall govern, except that if, as a result of a survey, the Secretary determines that there is a discrepancy with respect to the boundary of the Preserve that may be corrected by making minor changes to the map, the Secretary shall make changes to the map as appropriate, and the boundaries of the Preserve shall be adjusted accordingly. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service of the Department of the Interior.
(Pub. L. 104–333, div. I, title X, § 1004, Nov. 12, 1996, 110 Stat. 4205; Pub. L. 106–176, title I, § 122(2), Mar. 10, 2000, 114 Stat. 29.)
heading: Editorial Notes
heading: Amendments
text: 2000—Subsec. (b). Pub. L. 106–176 substituted “on June 3, 1994,” for “of June 3, 1994,”.
16 U.S.C. § 698u–4 (CONSERVATION)
§ 698u–4. Limited authority to acquire
(a) In general
The Secretary shall acquire, by donation, not more than 180 acres of real property within the boundaries of the Preserve (as described in section 698u–2(b) of this title) and the improvements on the real property.
(b) Payments in lieu of taxes
For the purposes of payments made under chapter 69 of title 31, the real property described in subsection (a) shall be deemed to have been acquired for the purposes specified in section 6904(a) of that title.
(c) Prohibitions
No property may be acquired under this section without the consent of the owner of the property. The United States may not acquire fee ownership of any lands within the Preserve other than lands described in this section.
(Pub. L. 104–333, div. I, title X, § 1006, Nov. 12, 1996, 110 Stat. 4208; Pub. L. 108–352, § 17, Oct. 21, 2004, 118 Stat. 1398.)
heading: Editorial Notes
heading: Amendments
text: 2004—Subsec. (b). Pub. L. 108–352 substituted “subsection (a)” for “subsection (a)(1)”.
16 U.S.C. § 698u–6 (CONSERVATION)
§ 698u–6. Restriction on authority
Nothing in sections 698u to 698u–7 of this title shall give the Secretary authority to regulate lands outside the land area acquired by the Secretary under section 698u–4(a) of this title.
(Pub. L. 104–333, div. I, title X, § 1008, Nov. 12, 1996, 110 Stat. 4209.)