dreamproit/uscode huggingface dataset:
16 U.S.C. § 543b (CONSERVATION)
§ 543b. Acquisition of lands
(a) Authority of Secretary; exceptions
The Secretary is authorized to acquire all lands and interests therein within the boundary of the Scenic Area by donation, exchange in accordance with sections 543 to 543h of this title or other provisions of law, or purchase with donated or appropriated funds, except that—
(1) any lands or interests therein within the boundary of the Scenic Area which are owned by the State of California or any political subdivision thereof (including the city of Los Angeles) may be acquired only by donation or exchange; and
(2) lands or interests therein within the boundary of the Scenic Area which are not owned by the State of California or any political subdivision thereof (including the city of Los Angeles) may be acquired only with the consent of the owner thereof unless the Secretary determines, after written notice to the owner and after opportunity for comment, that the property is being developed, or proposed to be developed, in a manner which is detrimental to the integrity of the Scenic Area or which is otherwise incompatible with the purposes of sections 543 to 543h of this title.
(b) Guidelines; detrimental or incompatible use
(1) Not later than six months after September 28, 1984, the Secretary shall publish specific guidelines under which determinations shall be made under paragraph (2) of subsection (a). No use which existed prior to June 1, 1984, within the area included in the Scenic Area shall be treated under such guidelines as a detrimental or incompatible use within the meaning of such paragraph (2).
(2) For purposes of subsection (a)(2), any development or proposed development of private property within the boundary of the Scenic Area that is significantly different from, or a significant expansion of, development existing as of June 1, 1984, shall be considered by the Secretary as detrimental to the integrity of the Scenic Area. No reconstruction or expansion of a private or commercial building, including—
(A) reconstruction of an existing building,
(B) construction of attached structural additions, not to exceed 100 per centum of the square footage of the original building, and
(C) construction of reasonable support development such as roads, parking, water and sewage systems shall be treated as detrimental to the integrity of the Scenic Area or as an incompatible development within the meaning of paragraph (2) of subsection (a).
(c) Preparation of environmental assessments
Notwithstanding any other provision of law, the Secretary shall only be required to prepare an environmental assessment of any exchange of mineral or geothermal interest authorized by sections 543 to 543h of this title.
(Pub. L. 98–425, title III, § 303, Sept. 28, 1984, 98 Stat. 1633.)
16 U.S.C. § 543d (CONSERVATION)
§ 543d. Ecological studies; reports to Congressional committees and to Chief of Forest Service; progress reports
The Secretary shall take such steps as may be necessary to, within one hundred and eighty days of September 28, 1984, enter into a contract with the National Academy of Sciences for the purpose of conducting a scientific study of the ecology of the Scenic Area. The study shall provide for consultation with knowledgeable local, State, Federal, and private persons and organizations and shall provide findings and recommendations to the Congress. Such study shall be conducted in accordance with the best scientific methodology (as set forth by the National Academy of Sciences) and shall be transmitted by the National Academy of Sciences to the Committee on Energy and Natural Resources of the United States Senate, to the Committee on Interior and Insular Affairs of the United States House of Representatives, and to the Chief of the Forest Service not later than January 1, 1987. Progress reports regarding the study shall be transmitted to the above committees on January 1, 1985, and January 1 of each year thereafter.
(Pub. L. 98–425, title III, § 305, Sept. 28, 1984, 98 Stat. 1636.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.
16 U.S.C. § 543e (CONSERVATION)
§ 543e. Scenic Area Advisory Board
(a) Establishment; consultations with Secretary
There is hereby established the Scenic Area Advisory Board (hereinafter referred to as the “Board”). The Secretary shall consult with and seek the advice and recommendations of the Board with respect to—
(1) the administration of the Scenic Area with respect to policies, programs, and activities in accordance with sections 543 to 543h of this title;
(2) the preparation and implementation of the comprehensive management plan; and
(3) the location of the visitor center authorized by section 543c(f) of this title.
(b) Composition and selection
The Board shall be composed of nine members, who shall be selected as follows:
(1) five members appointed by the Mono County Board of Supervisors;
(2) two members appointed by the Governor of California (one of whom shall be an employee of the California Division of Parks and Recreation);
(3) one member appointed by the mayor of the city of Los Angeles; and
(4) one member appointed by the Secretary (who shall be an employee of the Forest Service).
(c) Terms of appointment
Each member of the Board shall be appointed to serve for a term of three years except that the initial appointments shall be for terms as follows:
(1) of those members appointed by the Mono County Board of Supervisors one shall be appointed to serve for a term of one year, two shall be for a term of two years, and two shall be for a term of three years;
(2) of those members appointed by the Governor of California one shall be appointed to serve for a term of one year and one shall be appointed to serve for a term of three years;
(3) the member appointed by the mayor of the city of Los Angeles shall be appointed to serve for a term of two years; and
(4) the member appointed by the Secretary shall be appointed to serve for a term of three years.
(d) Initial appointment; Chairman
The members of the Board shall be appointed within ninety days of September 28, 1984. The members of the Board shall, at their first meeting, elect a Chairman.
(e) Annual meetings and consultations with Secretary or designee
The Secretary, or a designee, shall from time to time, but at least annually, meet and consult with the Board on matters relating to the administration of the scenic area.1
(f) Compensation; expenses
Members of the Board shall serve without compensation as such, but the Secretary is authorized to pay, upon vouchers signed by the Chairman, the expenses reasonably incurred by the Board and its members in carrying out their duties under sections 543 to 543h of this title.
(g) Vacancies
Any vacancy in the Board shall be filled in the same manner in which the original appointment was made.
(h) Quorum
A majority of those members appointed shall constitute a quorum for the conduct of all business of the Board.
(i) Termination
The Board shall terminate ten years from the date of its first meeting.
(Pub. L. 98–425, title III, § 306, Sept. 28, 1984, 98 Stat. 1637.)
16 U.S.C. § 543f (CONSERVATION)
§ 543f. Traditional Native American uses
In recognition of the past use of the Scenic Area by Indian people for traditional cultural and religious purposes, the Secretary shall insure nonexclusive access to Scenic Area lands by Indian people for such traditional cultural and religious purposes, including the harvest of the brine fly larvae. Such direction shall be consistent with the purpose and intent of the American Indian Religious Freedom Act of August 11, 1978 (92 Stat. 469) [42 U.S.C. 1996, 1996a]. As a part of the plan prepared pursuant to section 543c(c) of this title, the Secretary shall, in consultation with appropriate Indian tribes, define the past cultural and religious uses of the Scenic Area by Indians.
(Pub. L. 98–425, title III, § 307, Sept. 28, 1984, 98 Stat. 1638.)
heading: Editorial Notes
heading: References in Text
text: The American Indian Religious Freedom Act, referred to in text, is Pub. L. 95–341, Aug. 11, 1978, 92 Stat. 469, which is classified to sections 1996 and 1996a of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1996 of Title 42 and Tables.
16 U.S.C. § 543g (CONSERVATION)
§ 543g. Authorization of appropriations
In addition to other amounts available for such purposes, effective October 1, 1985, there are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of sections 543 to 543h of this title.
(Pub. L. 98–425, title III, § 308, Sept. 28, 1984, 98 Stat. 1638.)
16 U.S.C. § 543h (CONSERVATION)
§ 543h. New spending authority
Any new spending authority described in subsection (c)(2)(A) or (B) of section 651 1 of title 2 which is provided under sections 543 to 543h of this title shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.
(Pub. L. 98–425, title III, § 309, Sept. 28, 1984, 98 Stat. 1638.)
heading: Editorial Notes
heading: References in Text
text: Section 651 of title 2, referred to in text, was amended by Pub. L. 105–33, title X, § 10116(a)(3), (5), Aug. 5, 1997, 111 Stat. 691, by striking out subsec. (c) and redesignating former subsec. (d) as (c).
16 U.S.C. § 544a (CONSERVATION)
§ 544a. Purposes
The purposes of sections 544 to 544p of this title are—
(1) to establish a national scenic area to protect and provide for the enhancement of the scenic, cultural, recreational, and natural resources of the Columbia River Gorge; and
(2) to protect and support the economy of the Columbia River Gorge area by encouraging growth to occur in existing urban areas and by allowing future economic development in a manner that is consistent with paragraph (1).
(Pub. L. 99–663, § 3, Nov. 17, 1986, 100 Stat. 4276.)
16 U.S.C. § 544i (CONSERVATION)
§ 544i. Economic development
(a) Economic development plan
Based on the Economic Opportunity Study and other appropriate information, each State, in consultation with the counties and the Commission, shall develop a plan for economic development projects for which grants under this section may be used in a manner consistent with sections 544 to 544p of this title.
(b) Funds provided to States for grants
Upon certification of the management plan, and receipt of a plan referred to in subsection (a) of this section, the Secretary shall provide $5,000,000 to each State which each State shall use to make grants and loans for economic development projects that further the purposes of sections 544 to 544p of this title.
(c) Conditions of grants
Each State making grants under this section shall require as a condition of a grant that—
(1) all activities undertaken under the grant are certified by the Commission as being consistent with the purposes of sections 544 to 544p of this title, the management plan, and land use ordinances adopted pursuant to sections 544 to 544p of this title;
(2) grants and loans are not used to relocate a business from one community to another;
(3) grants and loans are not used for program administration; and
(4) grants and loans are used only in counties which have in effect land use ordinances found consistent by the Commission and concurred on by the Secretary pursuant to section 544f of this title.
(d) Report
Each State shall—
(1) prepare and provide the Secretary with an annual report to the Secretary on the use of the funds made available under this section;
(2) make available to the Secretary and to the Commission, upon request, all accounts, financial records, and other information related to grants and loans made available pursuant to this section; and
(3) as loans are repaid, make additional grants and loans with the money made available for obligation by such repayments.
(Pub. L. 99–663, § 11, Nov. 17, 1986, 100 Stat. 4292.)
16 U.S.C. § 544j (CONSERVATION)
§ 544j. Old Columbia River Highway
The Oregon Department of Transportation shall, in consultation with the Secretary and the Commission, the State of Oregon and the counties and cities in which the Old Columbia River Highway is located, prepare a program and undertake efforts to preserve and restore the continuity and historic integrity of the remaining segments of the Old Columbia River Highway for public use as a Historic Road, including recreation trails to connect intact and usable segments.
(Pub. L. 99–663, § 12, Nov. 17, 1986, 100 Stat. 4293.)
16 U.S.C. § 544n (CONSERVATION)
§ 544n. Authorization of appropriations
(a) General authorizations
There are authorized to be appropriated for fiscal years after the fiscal year 1986 such sums as are described below; 1
(1) For the purpose of acquisition of lands, water and interests therein pursuant to sections 544 to 544p of this title: $40,000,000: Provided, That of this amount no more than $10,000,000 shall be available to acquire lands, water, and interests therein pursuant to section 544h of this title. Such amounts are authorized to be appropriated from amounts covered into the Land and Water Conservation Fund notwithstanding any allocation, apportionment, or limitation contained in chapter 2003 of title 54.
(2) For the purpose of providing payments to local governments pursuant to section 544l(c) of this title: $2,000,000.
(b) Specific authorizations
There are authorized to be appropriated for fiscal years after the fiscal year 1986, effective upon concurrence on the management plan pursuant to section 544d of this title:
(1) For the purpose of construction of an interpretive center to be located in the State of Oregon, and a conference center to be located in the State of Washington: $10,000,000.
(2) For the purpose of construction of recreation facilities pursuant to section 544e(d) of this title: $10,000,000.
(3) For the purpose of preparing a program and restoring and reconstructing the Old Columbia River Scenic Highway, Oregon pursuant to section 544j of this title: $2,800,000.
(4) For the purpose of providing economic development grants pursuant to section 544i of this title: $5,000,000 for each State: Provided, That funds authorized to be appropriated pursuant to this paragraph shall be available for the acquisition of lands and interests therein pursuant to section 544h of this title if, at the expiration of three years, the States have failed to carry out their respective function pursuant to section 544c of this title.
(c) Availability of funds
Funds appropriated under subsections (a)(2) and (b) shall not be made available for any county which does not have in effect a land use ordinance which has been found to be consistent by the Commission, and concurred on by the Secretary as consistent with the management plan pursuant to section 544f of this title.
(Pub. L. 99–663, § 16, Nov. 17, 1986, 100 Stat. 4300; Pub. L. 113–287, § 5(d)(17), Dec. 19, 2014, 128 Stat. 3265.)
heading: Editorial Notes
heading: Amendments
text: 2014—Subsec. (a)(1). Pub. L. 113–287, which directed amendment of par. (1) by substituting “chapter 2003 of title 54” for “the Land and Water Conservation Fund (16 U.S.C. 460l–4 and following)”, was executed by making the substitution for “the Land and Water Conservation Fund (16 U.S.C. 4601–4 and following)”, to reflect the probable intent of Congress.
16 U.S.C. § 544p (CONSERVATION)
§ 544p. Severability
(a) 1 If any provision of sections 544 to 544p of this title or the application thereof to any person, State, Indian tribe, entity, or circumstance is held invalid, neither the remainder of sections 544 to 544p of this title, nor the application of any provisions herein to other persons, States, Indian tribes, entities, or circumstances, shall be affected thereby.
(Pub. L. 99–663, § 18, Nov. 17, 1986, 100 Stat. 4302.)
16 U.S.C. § 545 (CONSERVATION)
§ 545. Mount Pleasant National Scenic Area; purposes
The purposes of sections 545 and 545a of this title with respect to the Mount Pleasant National Scenic Area are to—
(1) ensure appropriate protection and preservation of the scenic quality, water quality, natural characteristics, and water resources;
(2) protect and manage vegetation to provide wildlife and fish habitat, consistent with paragraph (1);
(3) provide areas that may develop characteristics of old-growth forests; and
(4) provide a variety of recreation opportunities that are not inconsistent with the preceding purposes.
(Pub. L. 103–314, § 2, Aug. 26, 1994, 108 Stat. 1703; Pub. L. 104–127, title IX, § 915, Apr. 4, 1996, 110 Stat. 1187.)
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–127 substituted “Mount Pleasant National Scenic Area” for “George Washington National Forest Mount Pleasant Scenic Area” in introductory provisions.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 103–314, § 1, Aug. 26, 1994, 108 Stat. 1703, as amended by Pub. L. 104–127, title IX, § 915, Apr. 4, 1996, 110 Stat. 1187, provided that: “This Act [enacting sections 545 and 545a of this title] may be cited as the ‘Mount Pleasant National Scenic Area Act’.”
16 U.S.C. § 546 (CONSERVATION)
§ 546. Establishment of Saint Helena Island National Scenic Area, Michigan
(a) Purpose
The purposes of sections 546 to 546a–5 of this title are—
(1) to preserve and protect for present and future generations the outstanding resources and values of Saint Helena Island in Lake Michigan, Michigan; and
(2) to provide for the conservation, protection, and enhancement of primitive recreation opportunities, fish and wildlife habitat, vegetation, and historical and cultural resources of the island.
(b) Establishment
For the purposes described in subsection (a), there shall be established the Saint Helena Island National Scenic Area (in sections 546 to 546a–5 of this title referred to as the “scenic area”).
(c) Effective upon conveyance
Subsection (b) shall be effective upon conveyance of satisfactory title to the United States of the whole of Saint Helena Island, except that portion conveyed to the Great Lakes Lighthouse Keepers Association pursuant to section 1001 of the Coast Guard Authorization Act of 1996 (Public Law 104–324; 110 Stat. 3948).
(Pub. L. 106–431, § 2, Nov. 6, 2000, 114 Stat. 1905.)
heading: Editorial Notes
heading: References in Text
text: Section 1001 of the Coast Guard Authorization Act of 1996, referred to in subsec. (c), is section 1001 of Pub. L. 104–324, title X, Oct. 19, 1996, 110 Stat. 3948, which is not classified to the Code.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 106–431, § 1, Nov. 6, 2000, 114 Stat. 1905, provided that: “This Act [enacting sections 546 to 546a–5 of this title] may be cited as the ‘Saint Helena Island National Scenic Area Act’.”
16 U.S.C. § 546a (CONSERVATION)
§ 546a. Boundaries
(a) Saint Helena Island
The scenic area shall comprise all of Saint Helena Island, in Lake Michigan, Michigan, and all associated rocks, pinnacles, islands, and islets within one-eighth mile of the shore of Saint Helena Island.
(b) Boundaries of Hiawatha National Forest extended
Upon establishment of the scenic area, the boundaries of the Hiawatha National Forest shall be extended to include all of the lands within the scenic area. All such extended boundaries shall be deemed boundaries in existence as of January 1, 1965, for the purposes of section 100506 of title 54.
(c) Payments to local governments
Solely for purposes of payments to local governments pursuant to section 6902 of title 31, lands acquired by the United States under sections 546 to 546a–5 of this title shall be treated as entitlement lands.
(Pub. L. 106–431, § 3, Nov. 6, 2000, 114 Stat. 1905; Pub. L. 113–287, § 5(d)(18), Dec. 19, 2014, 128 Stat. 3266.)
heading: Editorial Notes
heading: Amendments
text: 2014—Subsec. (b). Pub. L. 113–287 substituted “section 100506 of title 54” for “section 460l–9 of this title”.
16 U.S.C. § 546a–2 (CONSERVATION)
§ 546a–2. Fish and game
Nothing in sections 546 to 546a–5 of this title shall be construed as affecting the jurisdiction or responsibilities of the State of Michigan with respect to fish and wildlife in the scenic area.
(Pub. L. 106–431, § 5, Nov. 6, 2000, 114 Stat. 1907.)
16 U.S.C. § 546a–3 (CONSERVATION)
§ 546a–3. Minerals
Subject to valid existing rights, the lands within the scenic area are hereby withdrawn from disposition under all laws pertaining to mineral leasing, including all laws pertaining to geothermal leasing. Also subject to valid existing rights, the Secretary shall not allow any mineral development on federally owned land within the scenic area, except that common varieties of mineral materials, such as stone and gravel, may be utilized only as authorized by the Secretary to the extent necessary for construction and maintenance of roads and facilities within the scenic area.
(Pub. L. 106–431, § 6, Nov. 6, 2000, 114 Stat. 1907.)
16 U.S.C. § 546a–4 (CONSERVATION)
§ 546a–4. Acquisition
(a) Acquisition of lands within the scenic area
The Secretary shall acquire, by purchase from willing sellers, gift, or exchange, lands, waters, structures, or interests therein, including scenic or other easements, within the boundaries of the scenic area to further the purposes of sections 546 to 546a–5 of this title.
(b) Acquisition of other lands
The Secretary may acquire, by purchase from willing sellers, gift, or exchange, not more than 10 acres of land, including any improvements thereon, on the mainland to provide access to and administrative facilities for the scenic area.
(Pub. L. 106–431, § 7, Nov. 6, 2000, 114 Stat. 1907.)
16 U.S.C. § 546a–5 (CONSERVATION)
§ 546a–5. Authorization of appropriations
(a) Acquisition of lands
There are hereby authorized to be appropriated such sums as may be necessary for the acquisition of land, interests in land, or structures within the scenic area and on the mainland as provided in section 546a–4 of this title.
(b) Other purposes
In addition to the amounts authorized to be appropriated under subsection (a), there are authorized to be appropriated such sums as may be necessary for the development and implementation of the management plan under section 546a–1(b) of this title.
(Pub. L. 106–431, § 8, Nov. 6, 2000, 114 Stat. 1907.)