dreamproit/uscode huggingface dataset:
16 U.S.C. § 460gg–1 (CONSERVATION)
§ 460gg–1. Wilderness designation
(a) Map designation
The lands depicted as the “Hells Canyon Wilderness” on the map referred to in section 460gg(b) of this title are hereby designated as wilderness.
(b) Application of Wilderness Act
The wilderness designated by this subchapter shall be administered by the Secretary in accordance with the provisions of this subchapter or in accordance with the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.], whichever is the more restrictive, except that any reference in such provisions of the Wilderness Act to the effective date of that Act shall be deemed to be a reference to the effective date of this subchapter. The provisions of section 460gg–6(b) and section 460gg–8 of this title shall apply to the wilderness. The Secretary shall make such boundary revisions to the wilderness as may be necessary due to the exercise of his authority under subsection 3(b) of this Act.
(Pub. L. 94–199, § 2, Dec. 31, 1975, 89 Stat. 1117.)
heading: References in Text
text: This subchapter, referred to in subsec. (b), was in the original “this Act”, which is Pub. L. 94–199, Dec. 31, 1975, 89 Stat. 1117, which enacted sections 460gg to 460gg–13 of this title, amended sections 1274 and 1276 of this title, and enacted provisions set out as notes under sections 460gg and 1274 of this title.
The Wilderness Act, referred to in subsec. (b), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.
The effective date of the Wilderness Act, referred to in subsec. (b), means Sept. 3, 1964, the date of enactment of Pub. L. 88–577, which enacted chapter 23 of this title.
The effective date of this subchapter, referred to in subsec. (b), means Dec. 31, 1975, the date of enactment of Pub. L. 94–199.
Subsection 3(b) of this Act, referred to in subsec. (b), is subsec. 3(b) of Pub. L. 94–199, which is set out as a note under section 1274 of this title.
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: References in Text
text: The Federal Power Act, referred to in subsec. (a), is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, 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: 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.
Federal Power Commission terminated and 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.) transferred to 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: 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, as amended, 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: 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–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.)
heading: References in Text
text: The mining laws of the United States, referred to in text, are classified generally to Title 30, Mineral Lands and Mining.
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: 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: 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–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 sections 1, 2, 3, and 4 of this title, 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: References in Text
text: 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: 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. § 460ii–2 (CONSERVATION)
§ 460ii–2. Administration, protection, and development
(a) Applicability of statutory provisions; consideration of Federal, State, and local plans
The Secretary shall administer, protect, and develop the recreation area in accordance with sections 1, 2, 3, and 4 of this title, and in accordance with any other statutory authorities available to him for the conservation and management of historic and natural resources, including fish and wildlife, to the extent he finds such authority will further the purposes of this subchapter. In developing and administering the recreation area, the Secretary shall take into consideration applicable Federal, State, and local recreation plans and resource use and development plans, including, but not limited to, the Atlanta Regional Commission Chattahoochee Corridor Study, dated July 1972.
(b) Cooperative agreements
The Secretary may enter into cooperative agreements with the State of Georgia, political subdivisions of the State, and other entities to ensure standardized acquisition, planning, design, construction, and operation of the recreation area.
(c) Consultation with Secretary of Army
In planning for the development and public use of the recreation area, the Secretary shall consult with the Secretary of the Army to assure that public use of adjacent or related water resource development or flood control projects and that of the recreation area are complementary.
(d) Establishment, regulations governing, etc., of fishing zones
In administering the recreation area, the Secretary may permit fishing in waters under his jurisdiction in accordance with applicable State and Federal laws and regulations. The Secretary, after consultation with the appropriate State agency responsible for fishing activities, may designate zones where, and establish periods when, fishing shall be permitted and issue such regulations as he may determine to be necessary to carry out the provisions of this subsection. Except in emergencies, such regulations shall be put into effect only after consultation with the appropriate State agency.
(Pub. L. 95–344, title I, § 103, Aug. 15, 1978, 92 Stat. 475; Pub. L. 106–154, § 2(c), (e)(1), Dec. 9, 1999, 113 Stat. 1737, 1738.)
heading: Amendments
text: 1999—Subsec. (a). Pub. L. 106–154, § 2(e)(1), substituted “of this subchapter” for “of this subchapter and chapter 43 of this title”.
Subsec. (b). Pub. L. 106–154, § 2(c), added subsec. (b) and struck out former subsec. (b) which read as follows: “The Secretary is authorized and encouraged to enter into cooperative agreements with the State or its political subdivisions whereby he may assist in the planning for and interpretation of non-Federal publicly owned lands within or adjacent or related to the recreation area to assure that such lands are used in a manner consistent with the findings and purposes of this subchapter and chapter 43 of this title.”
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: 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: 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–5 (CONSERVATION)
§ 460jj–5. Filing of maps
As soon as practicable after October 11, 1978, the Secretary shall file a map and legal description of the Indian Peaks Wilderness Area and the Arapaho National Recreation Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives and such description shall have the same force and effect as if included in this subchapter, except that correction of any clerical or typographical errors in such map and description may be made. Such map and the map entitled “Indian Peaks Wilderness Area and Arapaho National Recreation Area”, dated July 1978, shall be on file and made available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture.
(Pub. L. 95–450, § 9, Oct. 11, 1978, 92 Stat. 1097.)
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. § 460jj–7 (CONSERVATION)
§ 460jj–7. Authorization of appropriations
Effective October 1, 1979, there are authorized to be appropriated to carry out sections 1 through 10 of this Act $5,000,000 for the acquisition of lands and interests in lands and $5,000,000 for water quality and recreation development. Moneys appropriated from the Land and Water Conservation Fund shall be available for the acquisition of lands and interests therein within the Arapaho National Recreation Area.
(Pub. L. 95–450, § 11, Oct. 11, 1978, 92 Stat. 1098.)
heading: References in Text
text: Sections 1 through 10 of this Act, referred to in text, means sections 1 through 10 of Pub. L. 95–450, Oct. 11, 1978, 92 Stat. 1095, which enacted sections 460jj to 460jj–6 of this title and enacted provisions set out as notes under sections 460jj and 1132 of this title.
The Land and Water Conservation Fund, referred to in text, was established by section 460l–5 of this title.