dreamproit/uscode huggingface dataset:
16 U.S.C. § 460gg–2 (CONSERVATION)
§ 460gg–2. Federal power and water resources projects
(a) Licenses by Federal Energy Regulatory Commission
Notwithstanding any other provision of law, or any authorization heretofore given pursuant to law, the Federal Energy Regulatory Commission may not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project work under the Federal Power Act (41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), within the recreation area: Provided, That the provisions of the Federal Power Act (41 Stat. 1063) shall continue to apply to any project (as defined in such Act), and all of the facilities and improvements required or used in connection with the operation and maintenance of said project, in existence within the recreation area which project is already constructed or under construction on December 31, 1975.
(b) Assistance detrimental to protected waters
No department or agency of the United States may assist by loan, grant, license, or otherwise the construction of any water resource facility within the recreation area which the Secretary determines would have a direct and adverse effect on the values for which the waters of the area are protected.
(Pub. L. 94–199, § 4, Dec. 31, 1975, 89 Stat. 1118; Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583.)
heading: Editorial Notes
heading: References in Text
text: The Federal Power Act, referred to in subsec. (a), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: “Federal Energy Regulatory Commission” substituted for “Federal Power Commission” in subsec. (a) pursuant to Pub. L. 95–91, § 402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare.
The Federal Power Commission was terminated, and its functions with regard to licenses and permits for dams, reservoirs, or other works for development and improvement of navigation and for development and utilization of power across, along, from, or in navigable waters under part I of Federal Power Act (16 U.S.C. 792 et seq.) were transferred to the Federal Energy Regulatory Commission by sections 7172(a)(1)(A) and 7293 of Title 42.
16 U.S.C. § 460gg–3 (CONSERVATION)
§ 460gg–3. Present and future use of Snake River
(a) Waters upstream from boundaries of area
No provision of the Wild and Scenic Rivers Act [16 U.S.C. 1271 et seq.], nor of this subchapter, nor any guidelines, rules, or regulations issued hereunder, shall in any way limit, restrict, or conflict with present and future use of the waters of the Snake River and its tributaries upstream from the boundaries of the Hells Canyon National Recreation Area created hereby, for beneficial uses, whether consumptive or nonconsumptive, now or hereafter existing, including, but not limited to, domestic, municipal, stockwater, irrigation, mining, power, or industrial uses.
(b) Flow requirements
No flow requirements of any kind may be imposed on the waters of the Snake River below Hells Canyon Dam under the provisions of the Wild and Scenic Rivers Act [16 U.S.C. 1271 et seq.], of this subchapter, or any guidelines, rules, or regulations adopted pursuant thereto.
(Pub. L. 94–199, § 6, Dec. 31, 1975, 89 Stat. 1118.)
heading: Editorial Notes
heading: References in Text
text: The Wild and Scenic Rivers Act, referred to in text, is Pub. L. 90–542, Oct. 2, 1968, 82 Stat. 906, which is classified generally to chapter 28 (§ 1271 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1271 of this title and Tables.
16 U.S.C. § 460gg–4 (CONSERVATION)
§ 460gg–4. Administration, protection, and development
Except as otherwise provided in section 460gg–1 of this title and section 3 of this Act, and subject to the provisions of section 460gg–7 of this title, the Secretary shall administer the recreation area in accordance with the laws, rules, and regulations applicable to the national forests for public outdoor recreation in a manner compatible with the following objectives:
(1) the maintenance and protection of the freeflowing nature of the rivers within the recreation area;
(2) conservation of scenic, wilderness, cultural, scientific, and other values contributing to the public benefit;
(3) preservation, especially in the area generally known as Hells Canyon, of all features and peculiarities believed to be biologically unique including, but not limited to, rare and endemic plant species, rare combinations of aquatic, terrestrial, and atmospheric habitats, and the rare combinations of outstanding and diverse ecosystems and parts of ecosystems associated therewith;
(4) protection and maintenance of fish and wildlife habitat;
(5) protection of archeological and paleontologic sites and interpretation of these sites for the public benefit and knowledge insofar as it is compatible with protection;
(6) preservation and restoration of historic sites associated with and typifying the economic and social history of the region and the American West; and
(7) such management, utilization, and disposal of natural resources on federally owned lands, including, but not limited to, timber harvesting by selective cutting, mining, and grazing and the continuation of such existing uses and developments as are compatible with the provisions of this subchapter.
(Pub. L. 94–199, § 7, Dec. 31, 1975, 89 Stat. 1118.)
heading: Editorial Notes
heading: References in Text
text: Section 3 of this Act, referred to in text, is section 3 of Pub. L. 94–199. Subsec. (a) of section 3 added pars. (11) and (12) of section 1274(a) of this title, relating to components of the national wild and scenic rivers system. Subsec. (b) of section 3, relating to the administration of those segments of the Snake and Rapid Rivers designated as wild or scenic river areas, is set out as a note under section 1274 of this title.
16 U.S.C. § 460gg–7 (CONSERVATION)
§ 460gg–7. Rules and regulations
The Secretary shall promulgate, and may amend, such rules and regulations as he deems necessary to accomplish the purposes of this subchapter. Such rules and regulations shall include, but are not limited to—
(a) standards for the use and development of privately owned property within the recreation area, which rules or regulations the Secretary may, to the extent he deems advisable, implement with the authorities delegated to him in section 460gg–6 of this title, and which may differ among the various parcels of land within the recreation area;
(b) standards and guidelines to insure the full protection and preservation of the historic, archeological, and paleontological resources in the recreation area;
(c) provision for the control of the use of motorized and mechanical equipment for transportation over, or alteration of, the surface of any Federal land within the recreation area;
(d) provision for the control of the use and number of motorized and nonmotorized river craft: Provided, That the use of such craft is hereby recognized as a valid use of the Snake River within the recreation area; and
(e) standards for such management, utilization, and disposal of natural resources on federally owned lands, including but not limited to, timber harvesting by selective cutting, mining, and grazing and the continuation of such existing uses and developments as are compatible with the provisions of this subchapter.
(Pub. L. 94–199, § 10, Dec. 31, 1975, 89 Stat. 1121.)
16 U.S.C. § 460gg–8 (CONSERVATION)
§ 460gg–8. Lands withdrawn from location, entry, and patent under United States mining laws
Notwithstanding the provisions of section 1133(d)(2) of this title and 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, and from disposition under all laws pertaining to mineral leasing and all amendments thereto.
(Pub. L. 94–199, § 11, Dec. 31, 1975, 89 Stat. 1122.)
16 U.S.C. § 460gg–9 (CONSERVATION)
§ 460gg–9. Hunting and fishing
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 States wherein the lands and waters are located except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons for 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. 94–199, § 12, Dec. 31, 1975, 89 Stat. 1122.)
16 U.S.C. § 460gg–10 (CONSERVATION)
§ 460gg–10. Ranching, grazing, etc., as valid uses of area
Ranching, grazing, farming, timber harvesting, and the occupation of homes and lands associated therewith, as they exist on December 31, 1975, are recognized as traditional and valid uses of the recreation area.
(Pub. L. 94–199, § 13, Dec. 31, 1975, 89 Stat. 1122.)
16 U.S.C. § 460gg–11 (CONSERVATION)
§ 460gg–11. Civil and criminal jurisdiction of Idaho and Oregon
Nothing in this subchapter shall diminish, enlarge, or modify any right of the States of Idaho, Oregon, or any political subdivisions 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. 94–199, § 14, Dec. 31, 1975, 89 Stat. 1122.)
16 U.S.C. § 460gg–12 (CONSERVATION)
§ 460gg–12. Development and operation of facilities and services; cooperation with Federal, State, etc., agencies
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, restoration and maintenance of the historic setting and background of towns and settlements within the recreation area.
(Pub. L. 94–199, § 15, Dec. 31, 1975, 89 Stat. 1122.)
16 U.S.C. § 460gg–13 (CONSERVATION)
§ 460gg–13. Authorization of appropriations
(a) Acquisition of lands
There is hereby authorized to be appropriated the sum of not more than $10,000,000 for the acquisition of lands and interests in lands within the recreation area.
(b) Development of recreation facilities
There is hereby authorized to be appropriated the sum of not more than $10,000,000 for the development of recreation facilities within the recreation area.
(c) Inventory, identification, development and protection of historic and archeological sites
There is hereby authorized to be appropriated the sum of not more than $1,500,000 for the inventory, identification, development, and protection of the historic and archeological sites described in section 5 of this Act.
(Pub. L. 94–199, § 16, Dec. 31, 1975, 89 Stat. 1122.)
heading: Editorial Notes
heading: References in Text
text: Section 5 of this Act, referred to in subsec. (c), is section 5 of Pub. L. 94–199. Subsec. (a) of section 5 added par. (57) to section 1276(a) of this title, relating to the designation of the Snake River for potential addition to the national wildlife and scenic rivers system. Subsec. (b) of section 5, relating to the deauthorization of the Asotin Dam, was not classified to the Code.
16 U.S.C. § 460hh (CONSERVATION)
§ 460hh. Establishment; boundaries; publication in Federal Register
In order to provide for public outdoor recreation use and enjoyment of Arbuckle Reservoir and land adjacent thereto, and to provide for more efficient administration of other adjacent area containing scenic, scientific, natural, and historic values contributing to public enjoyment of the area and to designate the area in such manner as will constitute a fitting memorialization of the Chickasaw Indian Nation, there is hereby established the Chickasaw National Recreation Area (hereinafter referred to as the “recreation area”) consisting of lands and interests in lands within the area as generally depicted on the drawing entitled “Boundary Map, Chickasaw National Recreation Area,” numbered 107–20004–A and dated February 1974, which shall be on file and available for inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior (hereinafter referred to as the “Secretary”) may from time to time revise the boundaries of the recreation area by publication of a map or other boundary description in the Federal Register, but the total acreage of the recreation area may not exceed ten thousand acres.
(Pub. L. 94–235, § 1, Mar. 17, 1976, 90 Stat. 235.)
heading: Statutory Notes and Related Subsidiaries
heading: Chickasaw National Recreation Area Land Exchange
text: Pub. L. 108–389, Oct. 30, 2004, 118 Stat. 2239, known as the Chickasaw National Recreation Area Land Exchange Act of 2004, provided for the facilitation of a land exchange among the National Park Service, the Chickasaw Nation, and the City of Sulphur, Oklahoma, for the construction of the Chickasaw Nation Cultural Center within the Chickasaw National Recreation Area.
16 U.S.C. § 460hh–2 (CONSERVATION)
§ 460hh–2. Establishment of hunting and fishing zones; exceptions; consultation with State agencies
The Secretary shall permit hunting and fishing on lands and waters within the recreation area in accordance with applicable Federal and State laws: Provided, That he may designate zones where, and establish periods when, no hunting or fishing will be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any regulations issued by the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State agency responsible for hunting and fishing activities.
(Pub. L. 94–235, § 3, Mar. 17, 1976, 90 Stat. 236.)
16 U.S.C. § 460hh–3 (CONSERVATION)
§ 460hh–3. Law governing; Arbuckle Dam and Reservoir
(a) Except as otherwise provided in this subchapter, the Secretary shall administer the recreation area in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4),1 as amended and supplemented.
(b) Nothing contained in this subchapter shall affect or interfere with the authority of the Secretary by the Act of August 24, 1962 (76 Stat. 395) [43 U.S.C. 616k et seq.], to operate the Arbuckle Dam and Reservoir in accordance with and for the purposes set forth in that Act.
(Pub. L. 94–235, § 4, Mar. 17, 1976, 90 Stat. 236.)
heading: Editorial Notes
heading: References in Text
text: The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), referred to in subsec. (a), 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.
Act of August 24, 1962, referred to in subsec. (b), is Pub. L. 87–594, Aug. 24, 1962, 76 Stat. 395, which was classified to subchapter XL (§ 616k et seq.) of chapter 12 of Title 43, Public Lands, and which was omitted from the Code because of limited applicability.
16 U.S.C. § 460hh–4 (CONSERVATION)
§ 460hh–4. Platt National Park designation repealed; incorporation of areas into Chickasaw National Recreation Area
The Act of June 29, 1906 (34 Stat. 837), which directed that certain lands now included by this subchapter in the recreation area be designated as the Platt National Park, is hereby repealed, and such lands shall hereafter be considered and known as an integral part of the Chickasaw National Recreation Area: Provided, That within such area the Secretary may cause to be erected suitable markers or plaques to honor the memory of Orville Hitchcock Platt and to commemorate the original establishment of Platt National Park.
(Pub. L. 94–235, § 5, Mar. 17, 1976, 90 Stat. 236.)
heading: Editorial Notes
heading: References in Text
text: Act of June 29, 1906, referred to in text, is act June 29, 1906, No. 42, 34 Stat. 837, which was classified to sections 151, 152, and 153 of this title, and was repealed by Pub. L. 94–235, § 5, Mar. 17, 1976, 90 Stat. 236.
16 U.S.C. § 460hh–5 (CONSERVATION)
§ 460hh–5. Concurrent legislative jurisdiction with State of Oklahoma; requisites; notice in Federal Register
Notwithstanding the provisions of section 153 of this title, which retain exclusive jurisdiction in the United States, upon notification in writing to the Secretary by the appropriate State officials of the acceptance by the State of Oklahoma of concurrent legislative jurisdiction over the lands formerly within the Platt National Park, the Secretary shall publish a notice to that effect in the Federal Register and, upon such publication, concurrent legislative jurisdiction over such lands is hereby ceded to the State of Oklahoma: Provided, That such cession of jurisdiction shall not occur until a written agreement has been reached between the State of Oklahoma and the Secretary providing for the exercise of concurrent jurisdiction over all other lands and waters within the Chickasaw National Recreation Area.
(Pub. L. 94–235, § 6, Mar. 17, 1976, 90 Stat. 236.)
16 U.S.C. § 460hh–6 (CONSERVATION)
§ 460hh–6. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter, but not to exceed $1,600,000 for the acquisition of lands and interests in lands, and $4,567,000 for development.
(Pub. L. 94–235, § 7, Mar. 17, 1976, 90 Stat. 237.)
16 U.S.C. § 460jj (CONSERVATION)
§ 460jj. Establishment
(a) In general
An area of land comprising approximately 35,235 acres located in Grand County, Colorado, within the Arapaho and the Roosevelt National Forests and the Colorado Big Thompson project (as generally depicted as the “Arapaho National Recreation Area” on a map entitled “Indian Peaks Wilderness Area and Arapaho National Recreation Area” and dated May 2007) is established as the Arapaho National Recreation Area.
(b) Administration
The Secretary shall administer the Arapaho National Recreation Area, in accordance with the laws and regulations applicable to the national forests, in such a manner as will best provide for—
(1) public recreation and enjoyment;
(2) the conservation and development of the scenic, natural, historic, and pastoral values of the area;
(3) the management, utilization, and disposal of natural resources such as timber, grazing, and mineral resources so that their utilization will not substantially impair the purposes for which the recreation area is established; and
(4) the management of water quality in the recreation area consistent with the development of needed water supply and waste-water systems, including the control of aquatic vegetation in the streams, lakes, and reservoirs within the recreation area.
(c) Management plan
The Secretary shall develop an overall management plan for the Arapaho National Recreation Area. This plan shall be developed in consultation with State and local political subdivisions and other interested persons.
(Pub. L. 95–450, § 4, Oct. 11, 1978, 92 Stat. 1095; Pub. L. 111–11, title I, § 1955(b), Mar. 30, 2009, 123 Stat. 1075.)
heading: Editorial Notes
heading: Amendments
text: 2009—Subsec. (a). Pub. L. 111–11 substituted “35,235 acres” for “thirty-six thousand two hundred thirty-five acres” and “and dated May 2007” for “, dated July 1978”.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 95–450, § 1, Oct. 11, 1978, 92 Stat. 1095, provided that: “This Act [enacting this subchapter and enacting notes set out under this section and section 1132 of this title] may be cited as the ‘Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act’.”
heading: Legislative Findings; Purposes
text: Pub. L. 95–450, § 2, Oct. 11, 1978, 92 Stat. 1095, provided that:
“The Congress finds that it is in the national interest—
“(1) to include the land within the Arapaho and the Roosevelt National Forests known as the Indian Peaks Area in the National Wilderness Preservation System so as to protect the area’s enduring scenic and historic wilderness character and its unique wildlife and to preserve the area’s scientific, educational, recreational, and inspirational resources and challenges; and
“(2) to create the Arapaho National Recreation Area within the Arapaho and the Roosevelt National Forests and the Colorado Big Thompson project so as to preserve and protect the natural, scenic, historic, pastoral, and wildlife resources of the area and to enhance the recreational opportunities provided.”
16 U.S.C. § 460jj–2 (CONSERVATION)
§ 460jj–2. Hunting and fishing
The Secretary shall permit hunting and fishing on lands and waters under the Secretary’s jurisdiction within the boundaries of the Arap­aho National Recreation Area in accordance with the laws of the United States and the State of Colorado, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, area general administration, or public use and enjoyment. Except in emergencies, any regulations made by the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department.
(Pub. L. 95–450, § 6, Oct. 11, 1978, 92 Stat. 1097.)
16 U.S.C. § 460jj–3 (CONSERVATION)
§ 460jj–3. Permits for facilities and services
The Secretary shall cooperate with other Federal agencies, with State and local public agencies, and with private individuals and organizations in the issuance of permits for facilities and services in the Arapaho National Recreation Area and the development and operation of those facilities and services.
(Pub. L. 95–450, § 7, Oct. 11, 1978, 92 Stat. 1097.)
16 U.S.C. § 460jj–4 (CONSERVATION)
§ 460jj–4. Application of State water laws
The jurisdiction of the State of Colorado and the United States over waters of any stream included in the Arapaho National Recreation Area shall be determined by established principles of law. 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. 95–450, § 8, Oct. 11, 1978, 92 Stat. 1097.)