dreamproit/uscode huggingface dataset:
16 U.S.C. § 459j–5 (CONSERVATION)
§ 459j–5. Canaveral National Seashore Advisory Commission
(a) Establishment; duties; termination; membership; term of members; appointment; Chairman
There is hereby established the Canaveral National Seashore Advisory Commission which shall consult and advise with the Secretary on all matters of planning, development, and operation of the seashore and shall provide such other advice and assistance as may be useful in carrying out the purposes of sections 459j to 459j–8 of this title. The Commission shall terminate ten years after the date the seashore is established pursuant to sections 459j to 459j–8 of this title, unless extended by the Congress. The Commission shall be composed of six members who shall serve for terms of two years. Members shall be appointed by the Secretary, one of whom he shall designate as Chairman, in the following manner:
(1) one member from each county in which the seashore is located, to be selected from recommendations made by the county commission in each county;
(2) two members representing the State of Florida who shall be selected from recommendations made by the Governor of Florida; and
(3) two members representing the general public: Provided, That one member shall be appointed from each county in which the seashore is located.
(b) Meetings; vacancies
After the Secretary designates the member to be Chairman, the Commission may meet as often as necessary at the call of the Chairman or of the Secretary, or upon petition of a majority of the members of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment was made.
(c) Compensation; payment of expenses upon 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 section.
(Pub. L. 93–626, § 6, Jan. 3, 1975, 88 Stat. 2124; Pub. L. 94–398, Sept. 4, 1976, 90 Stat. 1204.)
heading: Amendments
text: 1976—Subsec. (a). Pub. L. 94–398 substituted “six members” for “five members” in introductory provisions and substituted “two” for “one” and inserted requirement relating to residency of each member in cl. (3).
16 U.S.C. § 459j–8 (CONSERVATION)
§ 459j–8. Authorization of appropriations; reports to Congressional committees
(a) Acquisition of lands and interests in lands
There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of sections 459j to 459j–8 of this title, but not more than $7,941,000 for the acquisition of lands and interests in lands. In order to avoid excessive costs resulting from delays in the acquisition program, the Secretary shall make every reasonable effort to promptly acquire the privately owned lands within the seashore. Until all such lands are acquired, he shall report, in writing on June 30 of each year to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, the following information:
(1) the amount of land acquired during the current fiscal year and the amount expended therefor;
(2) the amount of land remaining to be acquired; and
(3) the amount of land programed for acquisition in the ensuing fiscal year and the estimated cost thereof.
(b) Development of essential public facilities
For the development of essential public facilities there are authorized to be appropriated $2.6 million in addition to the sums previously appropriated.
(Pub. L. 93–626, § 9, Jan. 3, 1975, 88 Stat. 2125; Pub. L. 100–564, § 2, Oct. 31, 1988, 102 Stat. 2831; Pub. L. 103–437, § 6(m), Nov. 2, 1994, 108 Stat. 4586.)
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–437, § 6(m)(1), in introductory provisions substituted “Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives” for “Committees on Interior and Insular Affairs of the United States Congress”.
Subsec. (b). Pub. L. 103–437, § 6(m)(2), struck out at end “Within three years from January 3, 1975, the Secretary shall develop and transmit to the Committees on Interior and Insular Affairs of the United States Congress a final master plan for the full development of the seashore consistent with the preservation objectives of sections 459j to 459j–8 of this title, indicating:
“(1) the facilities needed to accommodate the health, safety, and recreation needs of the visiting public;
“(2) the location and estimated cost of all facilities; and
“(3) the projected need for any additional facilities within the seashore.”
1988—Subsec. (b). Pub. L. 100–564 substituted “$2.6 million in addition to the sums previously appropriated” for “not more than $500,000”.
16 U.S.C. § 459t (CONSERVATION)
§ 459t. Secretary of the Interior authorized to execute deeds and leases for project lands; inclusion of conditional covenants
The Secretary of the Interior is authorized to execute on behalf of the United States all necessary deeds and leases to effect the purposes of sections 459r to 459t of this title. Every such deed or lease shall contain the express condition that the grantee or lessee shall use the property exclusively for public park, recreational, and conservation purposes, and the further express condition that the United States assumes no obligation for the maintenance or operation of the property after the acceptance of such deed or during the term of such lease, and may contain such other conditions not inconsistent with such express conditions as may be agreed upon by the Secretary and the grantee or lessee: Provided, That the title and right to possession of any lands so conveyed or leased, together with the improvements thereon, shall revert to the United States upon a finding by the Secretary, after notice to such grantee or lessee and after an opportunity for a hearing, that the grantee or lessee has not complied with such conditions during a period of more than three years, which finding shall be final and conclusive, and such lands and improvements thereon, upon such reversion to the United States, shall be returned to the jurisdiction of the Department of the Interior and upon determination of the Secretary may be considered as surplus real property to be disposed of in accordance with section 1303 of title 40.
(June 6, 1942, ch. 380, § 3, 56 Stat. 327.)
heading: Codification
text: “Section 1303 of title 40” substituted in text for “the Act of August 27, 1935 (49 Stat. 885)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
16 U.S.C. § 460a–4 (CONSERVATION)
§ 460a–4. Transfer of jurisdiction to Secretary of Agriculture; national forest lands
When in his judgment the public interest will be served thereby, the Secretary of the Interior is authorized, upon concurrence of the Secretary of Agriculture, to transfer to the jurisdiction of the Secretary of Agriculture for national forest purposes lands or interests in lands acquired for or in connection with the Blue Ridge Parkway. Lands transferred under this section shall become national forest lands subject to all laws, rules, and regulations applicable to lands acquired pursuant to the Weeks Law of March 1, 1911 (36 Stat. 961), as amended.
(May 13, 1952, ch. 263, 66 Stat. 69.)
heading: References in Text
text: The Weeks Law of March 1, 1911 (36 Stat. 961), as amended, referred to in text, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended, which is classified to sections 480, 500, 513 to 519, 521, 552 and 563 of this title. For complete classification of this Act to the Code, see Short title note set out under section 552 of this title and Tables.
16 U.S.C. § 460a–5 (CONSERVATION)
§ 460a–5. Acquisition of land contiguous to Blue Ridge or Natchez Trace Parkways
In order to consolidate, on the Blue Ridge Parkway and the Natchez Trace Parkway, the land forming each such parkway, to adjust ownership lines, and to eliminate hazardous crossings of and accesses to these parkways, the Secretary of the Interior is authorized to acquire, by purchase or exchange, land and interests in land contiguous to the parkways. In consummating exchanges under this section, the Secretary may transfer parkway land, interests therein, and easements: Provided, That the property rights so exchanged shall be approximately equal in value.
(Pub. L. 87–76, June 30, 1961, 75 Stat. 196.)
heading: Blue Ridge Parkway and Town of Blowing Rock Land Exchange
text: Pub. L. 111–167, May 24, 2010, 124 Stat. 1188, known as the Blue Ridge Parkway and Town of Blowing Rock Land Exchange Act of 2009, provided for land exchange between the National Park Service and the Town of Blowing Rock, North Carolina, by requiring the Secretary of the Interior to exchange approximately 20 acres of land within the boundary of the Blue Ridge Parkway, known as Blowing Rock Reservoir, for approximately 192 acres of land owned by the Town, known as Town of Blowing Rock Exchange Lands, not later than three years after May 24, 2010, and subject to applicable laws and certain terms and conditions and to equalization of land values, adjustment of the boundary of the Blue Ridge Parkway, administration of lands acquired by the Secretary, and future disposition of the reservoir property.
heading: Land Exchange in Great Smoky Mountains National Park
text: Pub. L. 108–108, title I, § 138, Nov. 10, 2003, 117 Stat. 1271, known as the Eastern Band of Cherokee Indians Land Exchange Act of 2003, provided for land exchange between National Park Service and Eastern Band of Cherokee Indians, by directing Secretary of the Interior to exchange the Ravensford tract, in the Great Smoky Mountains National Park and the Blue Ridge Parkway, for the Yellow Face tract adjacent to the Waterrock Knob Visitor Center on the Blue Ridge Parkway; stated congressional findings and purposes for such land exchange; contained descriptions and provision relating to treatment of exchanged lands; set forth implementation process; and prohibited gaming on the Ravensford tract.
16 U.S.C. § 460a–7 (CONSERVATION)
§ 460a–7. Coordination of recreational development on parkway and national forest lands; administration of forest land recreational facilities and access road development by Secretary of Agriculture; forest road and Appalachian Trail relocation and reconstruction and alternative forest road provision by Secretary of the Interior
To effectuate the recommendations in the report to the Congress on the North Carolina-Georgia extension of the Blue Ridge Parkway, made pursuant to the Act of August 10, 1961 (75 Stat. 337)—
(1) The Secretary of the Interior and the Secretary of Agriculture shall, insofar as practicable, coordinate and correlate recreational development on lands within the parkway and adjacent or related national forests land: Provided, That within national forest boundaries recreational developments and facilities on Federal lands other than those actually within the national parkway shall be administered by the Secretary of Agriculture;
(2) Upon the request of the Secretary of Agriculture, the Secretary of the Interior shall relocate and reconstruct any national forest roads that may be disturbed by the parkway extension, or provide alternative roads that are necessary to the protection, administration, or utilization of the national forests, and shall allow access to areas to be developed by the Secretary of Agriculture on adjacent national forest lands unless to do so will materially impair the primary purposes of the parkway;
(3) The Secretary of the Interior may relocate and reconstruct portions of the Appalachian Trail, including trail shelters, that may be disturbed by the parkway extension and such relocation and reconstruction may be performed (A) on non-Federal lands when the Appalachian Trail Conference obtains the consent of the owner to the use of the lands for the purpose and agrees to assume maintenance thereof, and (B) upon national forest lands with the approval of the Secretary of Agriculture.
(Pub. L. 90–555, § 2, Oct. 9, 1968, 82 Stat. 968.)
heading: References in Text
text: Act of August 10, 1961, referred to in text, is Pub. L. 87–135, Aug. 10, 1961, 75 Stat. 337, which was not classified to the Code.
16 U.S.C. § 460b, 460c (CONSERVATION)
§§ 460b, 460c. Repealed. Pub. L. 85–767, § 2 [19, 21, 23, 33], Aug. 27, 1958, 72 Stat. 919
text: Section 460b, acts June 16, 1936, ch. 582, § 5, 49 Stat. 1520; June 8, 1938, ch. 328, § 8, 52 Stat. 635; Sept. 5, 1940, ch. 715, § 9, 54 Stat. 870, related to determination of location of parkways upon public lands, national forests, or other Federal reservations.
text: Section 460c, act Sept. 7, 1950, ch. 912, § 4(b), 64 Stat. 787, related to administration of parkway appropriations.
16 U.S.C. § 460d–1 (CONSERVATION)
§ 460d–1. Rentals or other considerations in leases for construction, maintenance, and operation of commercial recreational facilities; adjustment by Chief of Engineers
The Chief of Engineers, under the supervision of the Secretary of the Army, is authorized to amend any lease entered into providing for the construction, maintenance, and operation of commercial recreational facilities at a water resource development project under the jurisdiction of the Secretary of the Army so as to provide for the adjustment, either by increase or decrease, from time to time during the term of such lease of the amount of rental or other consideration payable to the United States under such lease, when and to the extent he determines such adjustment or extension to be necessary or advisable in the public interest. No adjustment shall be made under the authority of this section so as to increase or decrease the amount of rental or other consideration payable under such lease for any period prior to the date of such adjustment.
(Pub. L. 87–236, Sept. 14, 1961, 75 Stat. 509; Pub. L. 89–298, title II, § 215, Oct. 27, 1965, 79 Stat. 1088.)
heading: Amendments
text: 1965—Pub. L. 89–298 struck out “before November 1, 1956” after “lease entered into”.
16 U.S.C. § 460k (CONSERVATION)
§ 460k. Public recreation use of fish and wildlife conservation areas; compatibility with conservation purposes; appropriate incidental or secondary use; consistency with other Federal operations and primary objectives of particular areas; curtailment; forms of recreation not directly related to primary purposes of individual areas; repeal or amendment of provisions for particular areas
In recognition of mounting public demands for recreational opportunities on areas within the National Wildlife Refuge System, national fish hatcheries, and other conservation areas administered by the Secretary of the Interior for fish and wildlife purposes; and in recognition also of the resulting imperative need, if such recreational opportunities are provided, to assure that any present or future recreational use will be compatible with, and will not prevent accomplishment of, the primary purposes for which the said conservation areas were acquired or established, the Secretary of the Interior is authorized, as an appropriate incidental or secondary use, to administer such areas or parts thereof for public recreation when in his judgment public recreation can be an appropriate incidental or secondary use: Provided, That such public recreation use shall be permitted only to the extent that is practicable and not inconsistent with other previously authorized Federal operations or with the primary objectives for which each particular area is established: Provided further, That in order to insure accomplishment of such primary objectives, the Secretary, after consideration of all authorized uses, purposes, and other pertinent factors relating to individual areas, shall curtail public recreation use generally or certain types of public recreation use within individual areas or in portions thereof whenever he considers such action to be necessary: And provided further, That none of the aforesaid refuges, hatcheries, game ranges, and other conservation areas shall be used during any fiscal year for those forms of recreation that are not directly related to the primary purposes and functions of the individual areas until the Secretary shall have determined—
(a) that such recreational use will not interfere with the primary purposes for which the areas were established, and
(b) that funds are available for the development, operation, and maintenance of these permitted forms of recreation. This section shall not be construed to repeal or amend previous enactments relating to particular areas.
(Pub. L. 87–714, § 1, Sept. 28, 1962, 76 Stat. 653; Pub. L. 89–669, § 9, Oct. 15, 1966, 80 Stat. 930.)
heading: Amendments
text: 1966—Pub. L. 89–669 substituted “areas within the National Wildlife Refuge System” for “national wildlife refuges, game ranges” in introductory text.
heading: Short Title
text: Pub. L. 87–714, which enacted this subchapter, is popularly known as the “Refuge Recreation Act”.
16 U.S.C. § 460k–1 (CONSERVATION)
§ 460k–1. Acquisition of lands for recreational development; funds
The Secretary is authorized to acquire areas of land, or interests therein, which are suitable for—
(1) incidental fish and wildlife-oriented recreational development,
(2) the protection of natural resources,
(3) the conservation of endangered species or threatened species listed by the Secretary pursuant to section 1533 of this title, or
(4) carrying out two or more of the purposes set forth in paragraphs (1) through (3) of this section, and are adjacent to, or within, the said conservation areas, except that the acquisition of any land or interest therein pursuant to this section shall be accomplished only with such funds as may be appropriated therefor by the Congress or donated for such purposes, but such property shall not be acquired with funds obtained from the sale of Federal migratory bird hunting stamps.
Lands acquired pursuant to this section shall become a part of the particular conservation area to which they are adjacent.
(Pub. L. 87–714, § 2, Sept. 28, 1962, 76 Stat. 653; Pub. L. 92–534, Oct. 23, 1972, 86 Stat. 1063; Pub. L. 93–205, § 13(d), Dec. 28, 1973, 87 Stat. 902.)
heading: Amendments
text: 1973—Pub. L. 93–205 inserted references to the acquisition of interest in land the conservation of endangered species or threatened species listed by the Secretary pursuant to section 1533 of this title.
1972—Pub. L. 92–534 substituted provisions authorizing the Secretary to acquire lands suitable for fish and wildlife oriented recreational development, or for the protection of natural resources and adjacent to conservation areas, for provisions authorizing the Secretary to acquire limited areas of land for recreational development adjacent to conservation areas in existence or approved by the Migratory Bird Conservation Commission as of September 28, 1962.
heading: Effective Date of 1973 Amendment
text: Amendment by Pub. L. 93–205 effective Dec. 28, 1973, see section 16 of Pub. L. 93–205, set out as a note under section 1531 of this title.
16 U.S.C. § 460k–3 (CONSERVATION)
§ 460k–3. Charges and fees; permits; regulations; penalties; enforcement
The Secretary may establish reasonable charges and fees and issue permits for public use of national wildlife refuges, game ranges, national fish hatcheries, and other conservation areas administered by the Department of the Interior for fish and wildlife purposes. The Secretary may issue regulations to carry out the purposes of this subchapter. A violation of such regulations shall be a misdemeanor with maximum penalties of imprisonment for not more than six months, or a fine of not more than $500, or both. The provisions of this subchapter and any such regulation shall be enforced by any officer or employee of the United States Fish and Wildlife Service designated by the Secretary of the Interior.
(Pub. L. 87–714, § 4, Sept. 28, 1962, 76 Stat. 654; Pub. L. 95–616, § 3(e), Nov. 8, 1978, 92 Stat. 3111; Pub. L. 98–473, title II, § 221, Oct. 12, 1984, 98 Stat. 2028.)
heading: Amendments
text: 1984—Pub. L. 98–473 substituted “misdemeanor” for “petty offense (18 U.S.C. 1)”.
1978—Pub. L. 95–616 provided for designation of enforcement personnel.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure.
16 U.S.C. § 460l–2 (CONSERVATION)
§ 460l–2. Consultations of Secretary of the Interior with administrative officers; execution of administrative responsibilities in conformity with nationwide plan
In order further to carry out the policy declared in section 460l of this title, the heads of Federal departments and independent agencies having administrative responsibility over activities or resources the conduct or use of which is pertinent to fulfillment of that policy shall, either individually or as a group, (a) consult with and be consulted by the Secretary from time to time both with respect to their conduct of those activities and their use of those resources and with respect to the activities which the Secretary of the Interior carries on under authority of this part which are pertinent to their work, and (b) carry out such responsibilities in general conformance with the nationwide plan authorized under section 460l–1(c) of this title.
(Pub. L. 88–29, § 3, May 28, 1963, 77 Stat. 50.)
16 U.S.C. § 460l–3 (CONSERVATION)
§ 460l–3. Definitions
As used in this part, the term “United States” shall include the District of Columbia and the terms “United States” and “States” may, to the extent practicable, include the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.
(Pub. L. 88–29, § 4, May 28, 1963, 77 Stat. 50; Pub. L. 96–205, title VI, § 608(c), Mar. 12, 1980, 94 Stat. 92.)
heading: Amendments
text: 1980—Pub. L. 96–205 inserted references to the Trust Territory of the Pacific Islands and the Commonwealth of the Northern Mariana Islands.
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.