dreamproit/uscode huggingface dataset:
16 U.S.C. § 460o–2 (CONSERVATION)
§ 460o–2. Designation of area; boundaries
(a) Publication in Federal Register; description of boundaries; administration of transferred lands and waters
As soon as practicable after September 1, 1965, and following the transfer to the Secretary of the Interior by the Secretary of the Army of jurisdiction over those lands and interests therein within the boundary generally depicted on the drawing described in section 460o–1 of this title which, in the opinion of the Secretary of the Interior, constitute an efficiently administrable unit, the Secretary of the Interior shall declare establishment of the area by publication of notice thereof in the Federal Register. Such notice shall contain a detailed description of the boundaries of the area which shall encompass, to the extent practicable, the lands and waters shown on said drawing. Prior to such establishment, the Secretary of the Interior shall administer such transferred lands and waters, consistent with the construction of the project, for purposes in contemplation of the establishment of the area pursuant to this subchapter.
(b) Adjustments in boundaries; publication in Federal Register; acquisition of additional lands; acreage limitations
The Secretary of the Interior may subsequently make adjustments in the boundary of the area by publication of the amended description thereof in the Federal Register and acquire, by such means as he may deem to be in the public interest, including an exchange of excluded for included lands or interests therein with or without the payment or receipt of money to equalize values, additional lands and interests therein included in the area by reason of the boundary adjustment: Provided, That the area encompassed by such revised boundary shall not exceed the acreage included within the detailed boundary first described pursuant to this section.
(c) Continuance of existing uses
On lands acquired pursuant to this subchapter for recreation purposes, the Secretary of the Army, with the concurrence of the Secretary of the Interior, may permit the continuance of existing uses consistent with the purposes of this subchapter.
(Pub. L. 89–158, § 3, Sept. 1, 1965, 79 Stat. 613.)
16 U.S.C. § 460o–3 (CONSERVATION)
§ 460o–3. Administration authorities for conservation, management, or disposal of natural resources; coordination of administrative responsibilities of the Secretary of the Interior and Secretary of the Army
In the administration of the area for the purposes of this subchapter, the Secretary of the Interior may utilize such statutory authorities relating to areas of the national park system and such statutory authorities otherwise available to him for the conservation, management, or disposal of vegetative, mineral, or fish or wildlife resources as he deems appropriate to carry out the purposes of this subchapter. To assure consistent and effective planning, development, and operation for all purposes of the project, the Secretary of the Interior and the Secretary of the Army shall coordinate the administration of their respective responsibilities in the project; and such administration shall be consistent with the joint resolution approved September 27, 1961 (re Delaware River Basin compact; 75 Stat. 688).
(Pub. L. 89–158, § 4, Sept. 1, 1965, 79 Stat. 613.)
16 U.S.C. § 460o–4 (CONSERVATION)
§ 460o–4. Land and water use management plan; adoption, implementation, and revision; provisions
In the administration of the area for the purposes of this subchapter, the Secretary of the Interior, subject to provisions of section 460o–3 of this title, shall adopt and implement, and may from time to time revise, a land and water use management plan, which shall include specific provision for, in order of priority—
(1) public outdoor recreation benefits;
(2) preservation of scenic, scientific, and historic features contributing to public enjoyment;
(3) such utilization of natural resources as in the judgment of the Secretary of the Interior is consistent with, and does not significantly impair, public recreation and protection of scenic, scientific, and historic features contributing to public enjoyment.
(Pub. L. 89–158, § 5, Sept. 1, 1965, 79 Stat. 614.)
16 U.S.C. § 460o–5 (CONSERVATION)
§ 460o–5. Hunting and fishing
The Secretary of the Interior shall permit hunting and fishing on lands and waters under his jurisdiction within the area in accordance with the applicable laws and regulations of the States concerned and of the United States. The Secretary of the Interior may designate zones where, and establish periods when, no hunting shall be permitted for reasons of public safety, wildlife management, administration, or public use and enjoyment not compatible with hunting, and may, in his plan for the area, provide areas for intensive fish and wildlife management, including public hunting and fishing, and shall issue appropriate regulations after consultation with appropriate officials of the States concerned. The Secretary of the Interior shall encourage such officials to adopt uniform regulations applicable to the whole of the Delaware Water Gap National Recreation Area.
(Pub. L. 89–158, § 6, Sept. 1, 1965, 79 Stat. 614.)
16 U.S.C. § 460o–6 (CONSERVATION)
§ 460o–6. Civil and criminal jurisdiction and taxing power of State
Nothing in this subchapter shall be construed to deprive any State or political subdivision thereof, of its right to exercise civil and criminal jurisdiction over the lands and waters within the area or of its right to tax persons, corporations, franchises, or property on the lands and waters included in the area.
(Pub. L. 89–158, § 7, Sept. 1, 1965, 79 Stat. 614.)
16 U.S.C. § 460o–7 (CONSERVATION)
§ 460o–7. Authorization of appropriations
There are hereby authorized to be appropriated to the Secretary of the Interior for the acquisition of lands and interests in land pursuant to the provisions of section 460o–1 of this title and for expenses incident thereto not more than $65,000,000 which moneys shall be transferred to the Secretary of the Army. There are also authorized to be appropriated not more than $18,200,000 for the cost of installing and constructing recreation facilities on the lands and interests in lands so acquired. The amounts herein authorized to be appropriated are supplemental to those authorized to be appropriated for the Tocks Island project and related facilities by the Flood Control Act of 1962 (76 Stat. 1182).
(Pub. L. 89–158, § 8, Sept. 1, 1965, 79 Stat. 614; Pub. L. 92–575, § 1, Oct. 27, 1972, 86 Stat. 1250.)
heading: Editorial Notes
heading: References in Text
text: The amounts authorized to be appropriated for the Tocks Island project and related facilities by the Flood Control Act of 1962, referred to in text, appear at 76 Stat. 1182, and were not classified to the Code. The Flood Control Act of 1962 is Title II of Pub. L. 87–874, Oct. 23, 1962, 76 Stat. 1173. For complete classification of this Act to the Code, see Tables.
heading: Amendments
text: 1972—Pub. L. 92–575 substituted “$65,000,000” for “$37,412,000”.
16 U.S.C. § 460p (CONSERVATION)
§ 460p. Establishment
In order to provide for the public outdoor recreation use and enjoyment thereof by the people of the United States, the Secretary of Agriculture shall establish the Spruce Knob-Seneca Rocks National Recreation Area in the State of West Virginia.
(Pub. L. 89–207, § 1, Sept. 28, 1965, 79 Stat. 843.)
16 U.S.C. § 460p–1 (CONSERVATION)
§ 460p–1. Designation of area; acreage limitation; boundaries; publication in Federal Register
The Secretary of Agriculture (hereinafter called the “Secretary”) shall—
(1) designate as soon as practicable after September 28, 1965, the Spruce Knob-Seneca Rocks National Recreation Area within and adjacent to, and as a part of, the Monongahela National Forest in West Virginia, not to exceed in the aggregate one hundred thousand acres comprised of the area including Spruce Knob, Smoke Hole, and Seneca Rock, and lying primarily in the drainage of the South Branch of the Potomac River, the boundaries of which shall be those shown on the map entitled “Proposed Spruce Knob-Seneca Rocks National Recreation Area”, dated March 1965, which is on file and available for public inspection in the office of the Chief, Forest Service, Department of Agriculture; and
(2) publish notice of the designation in the Federal Register, together with a map showing the boundaries of the recreation area.
(Pub. L. 89–207, § 2, Sept. 28, 1965, 79 Stat. 843.)
16 U.S.C. § 460p–2 (CONSERVATION)
§ 460p–2. Acquisition of lands, etc.
(a) Authority of Secretary; manner and place; boundaries of Monongahela National Forest; concurrence of State owner
The Secretary shall acquire by purchase with donated or appropriated funds, by gift, exchange, condemnation, transfer from any Federal agency, or otherwise, such lands, waters, or interests therein within the boundaries of the recreation area as he determines to be needed or desirable for the purposes of this subchapter. For the purposes of sections 100506(c) and 200306 of title 54, the boundaries of the Monongahela National Forest, as designated by the Secretary pursuant to section 460p–1 of this title, shall be treated as if they were the boundaries of that forest on January 1, 1965. Lands, waters, or interests therein owned by the State of West Virginia or any political subdivision of that State may be acquired only with the concurrence of such owner.
(b) Transfer from Federal agency to administrative jurisdiction of Secretary
Notwithstanding any other provision of law, any Federal property located within the boundaries of the recreation area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in implementing the purposes of this subchapter.
(c) Exchange of property
In exercising his authority to acquire lands by exchange the Secretary may accept title to non-Federal property within the recreation area and convey to the grantor of such property any federally owned property in the State of West Virginia under his jurisdiction.
(d) State expenditures for public schools, public roads, or other public purposes
The portion of the moneys paid to the State of West Virginia under the provisions of section 500 of this title for expenditure for the benefit of Pendleton and Grant Counties, West Virginia, may be expended as the State legislature may prescribe for the benefit of such counties for public schools, public roads, or other public purposes.
(Pub. L. 89–207, § 3, Sept. 28, 1965, 79 Stat. 843.)
heading: Editorial Notes
heading: Codification
text: In subsec. (a), “sections 100506(c) and 200306 of title 54” substituted for “section 6 of the Act of September 3, 1964 (78 Stat. 897, 903)” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs. Section 6 of act Sept. 3, 1964, Pub. L. 88–578, had been renumbered section 7 by Pub. L. 92–347, § 2, July 11, 1972, 86 Stat. 459.
16 U.S.C. § 460p–3 (CONSERVATION)
§ 460p–3. Outdoor recreation facilities development; cooperation with Federal and State agencies
(a) After the Secretary acquires an acreage within the area designated pursuant to paragraph (1) of section 460p–1 of this title that is in his opinion efficiently administrable to carry out the purposes of this subchapter, he shall institute an accelerated program of development of facilities for outdoor recreation. Said facilities shall be so devised to take advantage of the topography and geographical location of the lands in relation to the growing recreation needs of the people of the United States.
(b) The Secretary may cooperate with all Federal and State authorities and agencies that have programs which will hasten completion of the recreation area and render services which will aid him in evaluating and effectuating the establishment of adequate summer and winter outdoor recreation facilities.
(Pub. L. 89–207, § 4, Sept. 28, 1965, 79 Stat. 843.)
16 U.S.C. § 460p–4 (CONSERVATION)
§ 460p–4. Administration, protection, and development
The administration, protection, and development of the recreation area shall be by the Secretary of Agriculture in accordance with the laws, rules, and regulations applicable to national forests, in such manner as in his judgment will best provide for (1) public outdoor recreation benefits; (2) conservation of scenic, scientific, historic, and other values contributing to public enjoyment; and (3) such management, utilization, and disposal of natural resources as in his judgment will promote, or is compatible with, and does not significantly impair the purposes for which the recreation area is established.
(Pub. L. 89–207, § 5, Sept. 28, 1965, 79 Stat. 844.)
16 U.S.C. § 460p–5 (CONSERVATION)
§ 460p–5. Hunting and fishing
The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the Spruce Knob-Seneca Rocks National Recreation Area in accordance with applicable Federal and State laws. The Secretary may designate zones where, and establish periods when, no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment, and shall issue regulations after consultation with the Department of Natural Resources of the State of West Virginia.
(Pub. L. 89–207, § 6, Sept. 28, 1965, 79 Stat. 844.)
16 U.S.C. § 460q (CONSERVATION)
§ 460q. Establishment; boundaries; administration; integrated management policies
In order to provide, in a manner coordinated with the other purposes of the Central Valley project, for the public outdoor recreation use and enjoyment of the Whiskeytown, Shasta, Clair Engle, and Lewiston reservoirs and surrounding lands in the State of California 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 Whiskeytown-Shasta-Trinity National Recreation Area in the State of California (hereinafter referred to as the “recreation area”). The boundaries of the recreation area, which consists of the Whiskeytown unit, the Shasta unit, and the Clair Engle-Lewiston unit, shall be those shown in drawing numbered BOR–WST 1004, dated July 1963, entitled “Proposed Whiskeytown-Shasta-Trinity National Recreation Area”, which is on file and available for public inspection in the office of the Director of the Bureau of Outdoor Recreation, Department of the Interior. The Whiskeytown unit shall be administered by the Secretary of the Interior; and the Shasta and Clair Engle-Lewiston units shall be administered by the Secretary of Agriculture, except that lands or waters needed or used for the operation of the Central Valley project shall continue to be administered by the Secretary of the Interior to the extent he determines to be required for such operation. The two Secretaries shall coordinate their planning and administration of the respective units in such manner as to provide integrated management policies for the recreation area as a whole for the purposes of this subchapter in order to bring about uniformity to the fullest extent feasible in the administration and use of the recreation area.
(Pub. L. 89–336, § 1, Nov. 8, 1965, 79 Stat. 1295.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Pub. L. 105–44, § 1, Sept. 30, 1997, 111 Stat. 1141, provided that:
“(a) Designation.—
The reservoir created by Trinity Dam in the Central Valley project, California, and designated as ‘Clair Engle Lake’ by Public Law 88–662 (78 Stat. 1093) is hereby redesignated as ‘Trinity Lake’.
“(b) References.—
Any reference in any law, regulation, document, record, map, or other paper of the United States to the reservoir referred to in subsection (a) shall be considered to be a reference to ‘Trinity Lake’.
“(c) Repeal of Earlier Designation.—
Public Law 88–662 (78 Stat. 1093) is repealed.”
16 U.S.C. § 460q–2 (CONSERVATION)
§ 460q–2. Establishment of units; publication in Federal Register; boundary descriptions
(a) Shasta; Clair Engle-Lewiston
When the Secretary of Agriculture determines that sufficient lands, waters, or interest therein are owned or have been acquired by the United States within the boundaries of the Shasta unit or within the boundaries of the Clair Engle-Lewiston unit to permit efficient initial development and administration for the purposes of this subchapter, he shall publish in the Federal Register a notice to that effect and a detailed description of the boundaries of such unit.
(b) Whiskeytown
When the Secretary of the Interior determines that sufficient lands, waters, or interest therein are owned or have been acquired by the United States within the boundaries of the Whiskeytown unit to permit efficient initial development and administration for the purposes of this subchapter, he shall publish in the Federal Register a notice to that effect and a detailed description of the boundaries of the unit.
(c) Acquisition of property
Following the publication of any such notice, the respective Secretaries may continue to acquire the remaining property within the recreation area.
(Pub. L. 89–336, § 3, Nov. 8, 1965, 79 Stat. 1297.)
16 U.S.C. § 460q–3 (CONSERVATION)
§ 460q–3. Administration; land and water use management plans, preparation and revision; utilization of statutory authorities
(a) Each Secretary is authorized and directed to administer the portion of the recreation area under his jurisdiction in a manner coordinated with the other purposes of the Central Valley project and with the purposes of the recreation area as a whole and in such manner as in his judgment will best provide for (1) public outdoor recreation benefits; (2) conservation of scenic, scientific, historic, and other values contributing to public enjoyment; and (3) such management, utilization, and disposal of renewable natural resources as in the judgment of the respective Secretary will promote or is compatible with, and does not significantly impair, public recreation and conservation of scenic, scientific, historic, or other values contributing to public enjoyment. Such administration shall be carried out under land and water use management plans which each Secretary shall prepare and may from time to time revise in consultation with the other.
(b) In the administration of the portion of the recreation area under his jurisdiction—
(1) the Secretary of Agriculture shall utilize statutory authorities relating to the national forests in such manner as he deems appropriate to carry out the purposes of this subchapter; and
(2) the Secretary of the Interior may utilize such statutory authorities relating to areas of the national park system and such statutory authority otherwise available to him for the conservation and development of natural resources as he deems appropriate to carry out the purposes of this subchapter.
(Pub. L. 89–336, § 4, Nov. 8, 1965, 79 Stat. 1298.)
16 U.S.C. § 460q–4 (CONSERVATION)
§ 460q–4. Hunting and fishing
Each Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the recreation area in accordance with the applicable laws of the State of California and of the United States: Provided, That each 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 not compatible with hunting or fishing. Regulations prescribing any such restrictions shall be issued after consultation with the California Department of Fish and Game.
(Pub. L. 89–336, § 5, Nov. 8, 1965, 79 Stat. 1298.)
16 U.S.C. § 460q–5 (CONSERVATION)
§ 460q–5. Mineral development; payment of receipts into certain funds or accounts in Treasury; disposition of receipts
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. The Secretary of the Interior, under such regulations as he deems appropriate, may permit the removal of the nonleasable minerals from lands or interests in lands under his jurisdiction within the recreation area in the manner prescribed by section 387 of title 43, and from those under the jurisdiction of the Secretary of Agriculture within the recreation area in accordance with the provisions of section 192c of title 30, and he may permit the removal of leasable minerals from lands or interests in lands within the recreation area in accordance with the Mineral Leasing Act of February 25, 1920, as amended [30 U.S.C. 181 et seq.], or the Acquired Lands Mineral Leasing Act of August 7, 1947 [30 U.S.C. 351 et seq.], if he finds that such disposition would not have significant adverse effects on the purposes of the Central Valley project or the administration of the recreation area: Provided, That any lease or permit respecting such minerals in lands administered by the Secretary of Agriculture shall be issued only with his consent and subject to such conditions as he may prescribe.
All receipts derived from permits and leases issued under the authority of this section on lands administered by the Secretary of Agriculture shall be paid into the same funds or accounts in the Treasury of the United States and shall be distributed in the same manner as provided for other receipts from the lands affected by the lease or permit, except that any receipts derived from permits or leases issued on those or other lands in the recreation area under the Mineral Leasing Act of February 25, 1920, as amended, or the Act of August 7, 1947, shall be disposed of as provided in the applicable Act; and receipts from the disposition of nonleasable minerals from public lands under the jurisdiction of the Secretary of the Interior shall be disposed of in the same manner as moneys received from the sale of public lands.
(Pub. L. 89–336, § 6, Nov. 8, 1965, 79 Stat. 1298.)
heading: Editorial Notes
heading: References in Text
text: The Acquired Lands Mineral Leasing Act of August 7, 1947, referred to in text, is act Aug. 7, 1947, ch. 513, 61 Stat. 913, which is classified generally to chapter 7 (§ 351 et seq.) of Title 30. For complete classification of this Act to the Code, see Short Title note set out under section 351 of Title 30 and Tables.
16 U.S.C. § 460q–6 (CONSERVATION)
§ 460q–6. State jurisdiction
Nothing in this subchapter shall deprive any State or political subdivision thereof of its right to exercise civil and criminal jurisdiction within the recreation area or of its right to tax persons, corporations, franchises, or property, including mineral or other interests, in or on lands or waters within the recreation area.
(Pub. L. 89–336, § 7, Nov. 8, 1965, 79 Stat. 1299.)