dreamproit/uscode huggingface dataset:
16 U.S.C. § 1220b (CONSERVATION)
§ 1220b. Obsolete ships available; number; equitable administration
A State may apply for more than one obsolete ship under this chapter. The Secretary shall, however, taking into account the number of obsolete ships which may be or become available for transfer under this chapter, administer this chapter in an equitable manner with respect to the various States.
(Pub. L. 92–402, § 5, Aug. 22, 1972, 86 Stat. 618; Pub. L. 98–623, title II, § 207(1), Nov. 8, 1984, 98 Stat. 3397.)
heading: Editorial Notes
heading: Amendments
text: 1984—Pub. L. 98–623 substituted “obsolete ships” for “Liberty ships” wherever appearing.
16 U.S.C. § 1220c (CONSERVATION)
§ 1220c. Denial of applications; finality of decision
A decision by the Secretary denying any application for a 1 obsolete ship under this chapter is final.
(Pub. L. 92–402, § 6, Aug. 22, 1972, 86 Stat. 618; Pub. L. 98–623, title II, § 207(1), Nov. 8, 1984, 98 Stat. 3397.)
heading: Editorial Notes
heading: Amendments
text: 1984—Pub. L. 98–623 substituted “obsolete ship” for “Liberty ship”.
16 U.S.C. § 1220c–1 (CONSERVATION)
§ 1220c–1. Financial assistance to State to prepare transferred ship
(a) Assistance authorized
The Secretary, subject to the availability of appropriations, may provide, to any State to which an obsolete ship is transferred under this chapter, financial assistance to prepare the ship for use as an artificial reef, including for—
(1) environmental remediation;
(2) towing; and
(3) sinking.
(b) Amount of assistance
The Secretary shall determine the amount of assistance under this section with respect to an obsolete ship based on—
(1) the total amount available for providing assistance under this section;
(2) the benefit achieved by providing assistance for that ship; and
(3) the cost effectiveness of disposing of the ship by transfer under this chapter and provision of assistance under this section, compared to other disposal options for that ship.
(c) Terms and conditions
The Secretary—
(1) shall require a State seeking assistance under this section to provide cost data and other information determined by the Secretary to be necessary to justify and document the assistance; and
(2) may require a State receiving such assistance to comply with terms and conditions necessary to protect the environment and the interests of the United States.
(d) Limitation
The Secretary may not provide assistance under this section to a foreign country to which an obsolete ship is transferred under this chapter.
(Pub. L. 92–402, § 7, as added Pub. L. 107–314, div. C, title XXXV, § 3504(a)(1)(B), Dec. 2, 2002, 116 Stat. 2754; amended Pub. L. 111–84, div. C, title XXXV, § 3513(b), Oct. 28, 2009, 123 Stat. 2724.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 7 of Pub. L. 92–402 was renumbered section 8 and is classified to section 1220d of this title.
heading: Amendments
text: 2009—Subsec. (d). Pub. L. 111–84 added subsec. (d).
16 U.S.C. § 1220d (CONSERVATION)
§ 1220d. “Obsolete ship” defined
For purposes of sections 1220, 1220a, 1220b, and 1220c of this title, the term “obsolete ship” means any vessel owned by the Department of Transportation that has been determined to be of insufficient value for commercial or national defense purposes to warrant its maintenance and preservation in the national defense reserve fleet and has been designated as an artificial reef candidate.
(Pub. L. 92–402, § 8, formerly § 7, as added Pub. L. 98–623, title II, § 207(4), Nov. 8, 1984, 98 Stat. 3397; renumbered § 8, Pub. L. 107–314, div. C, title XXXV, § 3504(a)(1)(A), Dec. 2, 2002, 116 Stat. 2754.)
16 U.S.C. § 1221 (CONSERVATION)
§ 1221. Congressional declaration of policy
Congress finds and declares that many estuaries in the United States are rich in a variety of natural, commercial, and other resources, including environmental natural beauty, and are of immediate and potential value to the present and future generations of Americans. It is therefore the purpose of this chapter to provide a means for considering the need to protect, conserve, and restore these estuaries in a manner that adequately and reasonably maintains a balance between the national need for such protection in the interest of conserving the natural resources and natural beauty of the Nation and the need to develop these estuaries to further the growth and development of the Nation. In connection with the exercise of jurisdiction over the estuaries of the Nation and in consequence of the benefits resulting to the public, it is declared to be the policy of Congress to recognize, preserve, and protect the responsibilities of the States in protecting, conserving, and restoring the estuaries in the United States.
(Pub. L. 90–454, § 1, Aug. 3, 1968, 82 Stat. 625.)
16 U.S.C. § 1223 (CONSERVATION)
§ 1223. Agreements with States and subdivisions; equitable sharing of costs; development improvements; availability of appropriations; State hunting and fishing laws applicable
After the completion of the general study authorized by section 1222 of this title, the Secretary of the Interior, with the approval of the President, may enter into an agreement, containing such terms and conditions as are mutually acceptable, with any State or with a political subdivision or agency thereof (if the agreement with such subdivision or agency is first approved by the Governor of the State involved or by a State agency designated for that purpose) for the permanent management, development, and administration of any area, land, or interests therein within an estuary and adjacent lands which are owned or thereafter acquired by a State or by any political subdivision thereof: Provided, That, with the approval of the Governor of the State involved or of a State agency designated for that purpose, the Secretary may also enter into such an agreement for any particular area whenever the segment of the general study applicable to that area is completed subject to the provisions of subsections (a) and (b) of section 1222 of this title. Such agreement shall, among other things, provide that the State or a political subdivision or agency thereof and the Secretary shall share in an equitable manner in the cost of managing, administering, and developing such areas, and such development may include the construction, operation, installation, and maintenance of buildings, devices, structures, recreational facilities, access roads, and other improvements, and such agreement shall be subject to the availability of appropriations. State hunting and fishing laws and regulations shall be applicable to such areas to the extent they are now or hereafter applicable.
(Pub. L. 90–454, § 3, Aug. 3, 1968, 82 Stat. 627.)
16 U.S.C. § 1224 (CONSERVATION)
§ 1224. Commercial and industrial development considerations; reports to Congress; recommendations
In planning for the use or development of water and land resources, all Federal agencies shall give consideration to estuaries and their natural resources, and their importance for commercial and industrial developments, and all project plans and reports affecting such estuaries and resources submitted to the Congress shall contain a discussion by the Secretary of the Interior of such estuaries and such resources and the effects of the project on them and his recommendations thereon. The Secretary of the Interior shall make his recommendations within ninety days after receipt of such plans and reports.
(Pub. L. 90–454, § 4, Aug. 3, 1968, 82 Stat. 627.)
16 U.S.C. § 1226 (CONSERVATION)
§ 1226. Federal agency authority to carry out Federal project within an estuary unaffected
Nothing in this chapter shall be construed to affect the authority of any Federal agency to carry out any Federal project heretofore or hereafter authorized within an estuary.
(Pub. L. 90–454, § 6, Aug. 3, 1968, 82 Stat. 628.)
16 U.S.C. § 1243 (CONSERVATION)
§ 1243. National recreation trails; establishment and designation; prerequisites
(a) The Secretary of the Interior, or the Secretary of Agriculture where lands administered by him are involved, may establish and designate national recreation trails, with the consent of the Federal agency, State, or political subdivision having jurisdiction over the lands involved, upon finding that—
(i) such trails are reasonably accessible to urban areas, and, or
(ii) such trails meet the criteria established in this chapter and such supplementary criteria as he may prescribe.
(b) As provided in this section, trails within park, forest, and other recreation areas administered by the Secretary of the Interior or the Secretary of Agriculture or in other federally administered areas may be established and designated as “National Recreation Trails” by the appropriate Secretary and, when no Federal land acquisition is involved—
(i) trails in or reasonably accessible to urban areas may be designated as “National Recreation Trails” by the appropriate Secretary with the consent of the States, their political subdivisions, or other appropriate administering agencies;
(ii) trails within park, forest, and other recreation areas owned or administered by States may be designated as “National Recreation Trails” by the appropriate Secretary with the consent of the State; and
(iii) trails on privately owned lands may be designated “National Recreation Trails” by the appropriate Secretary with the written consent of the owner of the property involved.
(Pub. L. 90–543, § 4, Oct. 2, 1968, 82 Stat. 919; Pub. L. 98–11, title II, § 204, Mar. 28, 1983, 97 Stat. 43.)
heading: Editorial Notes
heading: Amendments
text: 1983—Subsec. (b)(i), (ii). Pub. L. 98–11, § 204(1), substituted “appropriate Secretary” for “Secretary of the Interior”.
Subsec. (b)(iii). Pub. L. 98–11, § 204(2)–(4), added cl. (iii).
16 U.S.C. § 1245 (CONSERVATION)
§ 1245. Connecting or side trails; establishment, designation, and marking as components of national trails system; location
Connecting or side trails within park, forest, and other recreation areas administered by the Secretary of the Interior or Secretary of Agriculture may be established, designated, and marked by the appropriate Secretary as components of a national recreation, national scenic or national historic trail. When no Federal land acquisition is involved, connecting or side trails may be located across lands administered by interstate, State, or local governmental agencies with their consent, or, where the appropriate Secretary deems necessary or desirable, on privately owned lands with the consent of the landowner. Applications for approval and designation of connecting and side trails on non-Federal lands shall be submitted to the appropriate Secretary.
(Pub. L. 90–543, § 6, Oct. 2, 1968, 82 Stat. 922; Pub. L. 95–625, title V, § 551(16), Nov. 10, 1978, 92 Stat. 3515; Pub. L. 98–11, title II, § 206, Mar. 28, 1983, 97 Stat. 45.)
heading: Editorial Notes
heading: Amendments
text: 1983—Pub. L. 98–11 substituted “marked by the appropriate Secretary as components” for “marked as components” and “, or, where the appropriate Secretary deems necessary or desirable, on privately owned lands with the consent of the landowner. Applications for approval and designation of connecting and side trails on non-Federal lands shall be submitted to the appropriate Secretary” for “: Provided, That such trails provide additional points of public access to national recreation, national scenic or national historic trails”.
1978—Pub. L. 95–625 substituted “, national scenic or national historic” for “or national scenic,” and “, national scenic, or national historic” for “or scenic”.
16 U.S.C. § 1251 (CONSERVATION)
§ 1251. Definitions
As used in this chapter:
(1) The term “high potential historic sites” means those historic sites related to the route, or sites in close proximity thereto, which provide opportunity to interpret the historic significance of the trail during the period of its major use. Criteria for consideration as high potential sites include historic significance, presence of visible historic remnants, scenic quality, and relative freedom from intrusion.
(2) The term “high potential route segments” means those segments of a trail which would afford high quality recreation experience in a portion of the route having greater than average scenic values or affording an opportunity to vicariously share the experience of the original users of a historic route.
(3) The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and any other territory or possession of the United States.
(4) The term “without expense to the United States” means that no funds may be expended by Federal agencies for the development of trail related facilities or for the acquisition of lands or interests in lands outside the exterior boundaries of Federal areas. For the purposes of the preceding sentence, amounts made available to any State or political subdivision under chapter 2003 of title 54 or any other provision of law shall not be treated as an expense to the United States.
(Pub. L. 90–543, § 12, as added Pub. L. 98–11, title II, § 210, Mar. 28, 1983, 97 Stat. 50; amended Pub. L. 113–287, § 5(d)(28), Dec. 19, 2014, 128 Stat. 3267.)
heading: Editorial Notes
heading: Amendments
text: 2014—Par. (4). Pub. L. 113–287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965”.
heading: Executive Documents
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.
16 U.S.C. § 1261 (CONSERVATION)
§ 1261. Repealed. Pub. L. 105–178, title I, § 1112(c), June 9, 1998, 112 Stat. 151
text: Section, Pub. L. 102–240, title I, § 1302, Dec. 18, 1991, 105 Stat. 2064; Pub. L. 104–59, title III, § 337(a)–(d), Nov. 28, 1995, 109 Stat. 602, 603; Pub. L. 104–88, title IV, § 405(a)(5), Dec. 29, 1995, 109 Stat. 957, related to national recreational trails funding program.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 102–240, title I, § 1301, Dec. 18, 1991, 105 Stat. 2064, provided that: “This part [part B (§§ 1301–1303) of title I of Pub. L. 102–240, enacting this chapter] may be cited as the ‘Symms National Recreational Trails Act of 1991’.”
16 U.S.C. § 1272 (CONSERVATION)
§ 1272. Congressional declaration of purpose
The purpose of this chapter is to implement the policy set out in section 1271 of this title by instituting a national wild and scenic rivers system, by designating the initial components of that system, and by prescribing the methods by which and standards according to which additional components may be added to the system from time to time.
(Pub. L. 90–542, § 1(c), Oct. 2, 1968, 82 Stat. 906.)
heading: Editorial Notes
heading: Codification
text: Section consists of subsec. (c) of section 1 of Pub. L. 90–542. Subsecs. (a) and (b) of section 1 are classified to section 1271 and section 1271 note, respectively.
16 U.S.C. § 1279 (CONSERVATION)
§ 1279. Withdrawal of public lands from entry, sale, or other disposition under public land laws
(a) Lands within authorized boundaries of components of system
All public lands within the authorized boundaries of any component of the national wild and scenic rivers system which is designated in section 1274 of this title or which is designated after October 2, 1968, for inclusion in that system are hereby withdrawn from entry, sale, or other disposition under the public land laws of the United States. This subsection shall not be construed to limit the authorities granted in section 1277(d) or section 1285a of this title.
(b) Lands constituting bed or bank of river; lands within bank area
All public lands which constitute the bed or bank, or are within one-quarter mile of the bank, of any river which is listed in section 1276(a) of this title are hereby withdrawn from entry, sale, or other disposition under the public land laws of the United States for the periods specified in section 1278(b) of this title. Notwithstanding the foregoing provisions of this subsection or any other provision of this chapter, subject only to valid existing rights, including valid Native selection rights under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], all public lands which constitute the bed or bank, or are within an area extending two miles from the bank of the river channel on both sides of the river segments referred to in paragraphs (77) through (88) of section 1276(a) of this title are hereby withdrawn from entry, sale, State selection or other disposition under the public land laws of the United States for the periods specified in section 1278(b) of this title.
(Pub. L. 90–542, § 8, Oct. 2, 1968, 82 Stat. 915; Pub. L. 96–487, title VI, § 606(c), Dec. 2, 1980, 94 Stat. 2417; Pub. L. 99–590, title V, § 506, Oct. 30, 1986, 100 Stat. 3336.)
heading: Editorial Notes
heading: References in Text
text: The public land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands.
The Alaska Native Claims Settlement Act, referred to in subsec. (b), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
heading: Amendments
text: 1986—Subsec. (a). Pub. L. 99–590 inserted provisions relating to construction of subsec. (a) with respect to authorities granted in section 1277(d) or 1285a of this title.
1980—Subsec. (b). Pub. L. 96–487 inserted provision withdrawing, subject to valid existing rights, all public lands which constitute the bed or bank, or are within an area extending two miles from the bank of the river channel on both sides of the river segments referred to in section 1276(a)(77) through (88) of this title, from entry, sale, State selection or other disposition under the public land laws for periods specified in section 1278(b) of this title.
16 U.S.C. § 1285 (CONSERVATION)
§ 1285. Claim and allowance of charitable deduction for contribution or gift of easement
The claim and allowance of the value of an easement as a charitable contribution under section 170 of title 26, or as a gift under section 2522 of said title shall constitute an agreement by the donor on behalf of himself, his heirs, and assigns that, if the terms of the instrument creating the easement are violated, the donee or the United States may acquire the servient estate at its fair market value as of the time the easement was donated minus the value of the easement claimed and allowed as a charitable contribution or gift.
(Pub. L. 90–542, § 14, Oct. 2, 1968, 82 Stat. 918.)
16 U.S.C. § 1285a (CONSERVATION)
§ 1285a. Lease of Federal lands
(a) Authority of Secretary; restrictive covenants
Where appropriate in the discretion of the Secretary, he may lease federally owned land (or any interest therein) which is within the boundaries of any component of the National Wild and Scenic Rivers System and which has been acquired by the Secretary under this chapter. Such lease shall be subject to such restrictive covenants as may be necessary to carry out the purposes of this chapter.
(b) Offer to prior owner
Any land to be leased by the Secretary under this section shall be offered first for such lease to the person who owned such land immediately before its acquisition by the United States.
(Pub. L. 90–542, § 14A, as added Pub. L. 95–625, title VII, § 764, Nov. 10, 1978, 92 Stat. 3534.)
16 U.S.C. § 1285b (CONSERVATION)
§ 1285b. Establishment of boundaries for certain component rivers in Alaska; withdrawal of minerals
Notwithstanding any other provision to the contrary in sections 1274 and 1280 of this title, with respect to components of the National Wild and Scenic Rivers System in Alaska designated by paragraphs (38) through (50) of section 1274(a) of this title —
(1) the boundary of each such river shall include an average of not more than six hundred and forty acres per mile on both sides of the river. Such boundary shall not include any lands owned by the State or a political subdivision of the State nor shall such boundary extend around any private lands adjoining the river in such manner as to surround or effectively surround such private lands; and
(2) the withdrawal made by paragraph (iii) of section 1280(a) of this title shall apply to the minerals in Federal lands which constitute the bed or bank or are situated within one-half mile of the bank of any river designated a wild river by the Alaska National Interest Lands Conservation Act.
(Pub. L. 90–542, § 15, as added Pub. L. 96–487, title VI, § 606(a), Dec. 2, 1980, 94 Stat. 2416.)
heading: Editorial Notes
heading: References in Text
text: The Alaska National Interest Lands Conservation Act, referred to in par. (2), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
16 U.S.C. § 1286 (CONSERVATION)
§ 1286. Definitions
As used in this chapter, the term—
(a) “River” means a flowing body of water or estuary or a section, portion, or tributary thereof, including rivers, streams, creeks, runs, kills, rills, and small lakes.
(b) “Free-flowing”, as applied to any river or section of a river, means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence, however, of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the national wild and scenic rivers system shall not automatically bar its consideration for such inclusion: Provided, That this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the national wild and scenic rivers system.
(c) “Scenic easement” means the right to control the use of land (including the air space above such land) within the authorized boundaries of a component of the wild and scenic rivers system, for the purpose of protecting the natural qualities of a designated wild, scenic or recreational river area, but such control shall not affect, without the owner’s consent, any regular use exercised prior to the acquisition of the easement. For any designated wild and scenic river, the appropriate Secretary shall treat the acquisition of fee title with the reservation of regular existing uses to the owner as a scenic easement for purposes of this chapter. Such an acquisition shall not constitute fee title ownership for purposes of section 1277(b) of this title.
(Pub. L. 90–542, § 16, formerly § 15, Oct. 2, 1968, 82 Stat. 918; Pub. L. 93–279, § 1(c), May 10, 1974, 88 Stat. 123; renumbered Pub. L. 96–487, title VI, § 606(a), Dec. 2, 1980, 94 Stat. 2416; Pub. L. 99–590, title V, § 510, Oct. 30, 1986, 100 Stat. 3337.)
heading: Editorial Notes
heading: Amendments
text: 1986—Subsec. (c). Pub. L. 99–590 inserted provisions relating to function of appropriate Secretary with respect to acquisition of fee title.
1974—Subsec. (c). Pub. L. 93–279 substituted “within the authorized boundaries of a component of the wild and scenic rivers system, for the purpose of protecting the natural qualities of a designated wild, scenic or recreational river area” for “for the purposes of protecting the scenic view from the river”.