dreamproit/uscode huggingface dataset:
16 U.S.C. § 410zz (CONSERVATION)
§ 410zz. Findings and purpose
The Congress finds that—
(1) the Saguaro National Monument was established by Presidential Proclamation in 1933;
(2) the Tucson Mountain unit was established by Presidential Proclamation in 1961;
(3) in recognition of the need to provide increased protection for the monument, the boundaries of Tucson Mountain unit were expanded in 1976, and the boundaries of Rincon unit were expanded in 1991;
(4) the Tucson Mountain unit continues to face threats to the integrity of its natural resources, scenic beauty, and habitat protection for which the unit was established;
(5) these threats impede opportunities for public enjoyment, education, and safety within the monument, as well as opportunities for solitude within the wilderness areas of the monument designated by Congress in 1976;
(6) the residential and commercial growth of the greater Tucson, Arizona metropolitan area is causing increasing threats to the monument’s resources; and
(7) the Tucson Mountain unit should be enlarged by the addition of adjacent lands of National Park caliber and Saguaro National Monument should be afforded full recognition and statutory protection as a National Park.
(Pub. L. 103–364, § 2, Oct. 14, 1994, 108 Stat. 3467.)
heading: Short Title
text: Pub. L. 103–364, § 1, Oct. 14, 1994, 108 Stat. 3467, provided that: “This Act [enacting this subchapter and amending provisions listed in a table of National Monuments Established Under Presidential Proclamation set out under section 431 of this title] may be cited as the ‘Saguaro National Park Establishment Act of 1994’.”
16 U.S.C. § 410zz–2 (CONSERVATION)
§ 410zz–2. Expansion of boundaries
(a) In general
The boundaries of the park are hereby modified to reflect the addition of approximately 3,460 acres of land and interests therein as generally depicted on the map entitled “Saguaro National Monument Additions” and dated April, 1994.
(b) Land acquisition
(1) Within the lands added to the park pursuant to subsection (a) of this section, the Secretary is authorized to acquire lands and interests therein by donation, purchase with donated or appropriated funds, transfer, or exchange: Provided, That no such lands or interests therein may be acquired without the consent of the owner thereof unless the Secretary determines that the land is being developed, or is proposed to be developed in a manner which is determental 1 to the integrity of the park.
(2) Lands or interests therein owned by the State of Arizona or a political subdivision thereof may only be acquired by donation or exchange.
(c) Withdrawal
Subject to valid existing rights, all Federal lands within the park are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, or patent under the United States mining laws, and from disposition under all laws relating to mineral and geothermal leasing, and mineral materials, and all amendments thereto.
(Pub. L. 103–364, § 4, Oct. 14, 1994, 108 Stat. 3468.)
16 U.S.C. § 410aaa–2 (CONSERVATION)
§ 410aaa–2. Transfer and administration of lands
On October 31, 1994, the Secretary shall transfer the lands under the jurisdiction of the Bureau of Land Management depicted in the maps described in section 410aaa–1 of this title, without consideration, to the administrative jurisdiction of the National Park Service for administration as part of the National Park System, and the boundary of the park shall be adjusted accordingly. The Secretary shall administer the areas added to the park by this part in accordance with the provisions of law generally applicable to units of the National Park System, including sections 1, 2, 3, and 4 of this title.
(Pub. L. 103–433, title III, § 303, Oct. 31, 1994, 108 Stat. 4486.)
16 U.S.C. § 410aaa–5 (CONSERVATION)
§ 410aaa–5. Grazing
(a) In general
The privilege of grazing domestic livestock on lands within the park shall continue to be exercised at no more than the current level, subject to applicable laws and National Park Service regulations.
(b) Sale of property
If a person holding a grazing permit referred to in subsection (a) of this section informs the Secretary that such permittee is willing to convey to the United States any base property with respect to which such permit was issued and to which such permittee holds title, the Secretary shall make the acquisition of such base property a priority as compared with the acquisition of other lands within the park, provided agreement can be reached concerning the terms and conditions of such acquisition. Any such base property which is located outside the park and acquired as a priority pursuant to this section shall be managed by the Federal agency responsible for the majority of the adjacent lands in accordance with the laws applicable to such adjacent lands.
(Pub. L. 103–433, title III, § 306, Oct. 31, 1994, 108 Stat. 4486.)
16 U.S.C. § 410aaa–6 (CONSERVATION)
§ 410aaa–6. Death Valley National Park Advisory Commission
(a) Establishment
The Secretary shall establish an Advisory Commission of no more than fifteen members, to advise the Secretary concerning the development and implementation of a new or revised comprehensive management plan for Death Valley National Park.
(b) Membership
(1) The advisory commission shall include an elected official for each County within which any part of the park is located, a representative of the owners of private properties located within or immediately adjacent to the park, and other members representing persons actively engaged in grazing and range management, mineral exploration and development, and persons with expertise in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park resources and values.
(2) Vacancies in the advisory commission shall be filled by the Secretary so as to maintain the full diversity of views required to be represented on the advisory commission.
(c) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act shall apply to the procedures and activities of the advisory commission.
(d) Termination
The advisory commission shall cease to exist ten years after the date of its establishment.
(Pub. L. 103–433, title III, § 307, Oct. 31, 1994, 108 Stat. 4487.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 410aaa–7 (CONSERVATION)
§ 410aaa–7. Boundary adjustment
In preparing the maps and legal descriptions required by section 410aaa–3 of this title and section 602 of this Act, the Secretary shall adjust the boundaries of the Death Valley National Park and Death Valley National Park Wilderness so as to exclude from such National Park and Wilderness the lands generally depicted on the map entitled “Porter Mine (Panamint Range) Exclusion Area” dated June 1994.
(Pub. L. 103–433, title III, § 308, Oct. 31, 1994, 108 Stat. 4487.)
heading: References in Text
text: Section 602 of this Act, referred to in text, is section 602 of Pub. L. 103–433, title VI, Oct. 31, 1994, 108 Stat. 4496, which is not classified to the Code.
16 U.S.C. § 410aaa–21 (CONSERVATION)
§ 410aaa–21. Findings
The Congress finds that—
(1) a proclamation by President Franklin Roosevelt in 1936 established Joshua Tree National Monument to protect various objects of historical and scientific interest;
(2) Joshua Tree National Monument today is recognized as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors;
(3) the monument boundaries as modified in 1950 and 1961 exclude and thereby expose to incompatible development and inconsistent management, contiguous Federal lands of essential and superlative natural, ecological, archeological, paleontological, cultural, historical, and wilderness values;
(4) Joshua Tree National Monument should be enlarged by the addition of contiguous Federal lands of national park caliber, and afforded full recognition and statutory protection as a National Park; and
(5) the nondesignated wilderness within Joshua Tree should receive statutory protection by designation pursuant to the Wilderness Act [16 U.S.C. 1131 et seq.].
(Pub. L. 103–433, title IV, § 401, Oct. 31, 1994, 108 Stat. 4487.)
heading: References in Text
text: The Wilderness Act, referred to in par. (5), 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.
16 U.S.C. § 410aaa–22 (CONSERVATION)
§ 410aaa–22. Establishment
There is hereby established the Joshua Tree National Park, (hereinafter in this section referred to as the “park”), as generally depicted on a map entitled “Joshua Tree National Park Boundary—Proposed”, dated May 1991, and four maps entitled “Joshua Tree National Park Boundary and Wilderness”, numbered in the title one through four, and dated October 1991 or prior, which shall be on file and available for public inspection in the offices of the Superintendent of the park and the Director of the National Park Service, Department of the Interior. The Joshua Tree National Monument is hereby abolished as such, the lands and interests therein are hereby incorporated within and made part of the new Joshua Tree National Park, and any funds available for purposes of the monument shall be available for purposes of the park.
(Pub. L. 103–433, title IV, § 402, Oct. 31, 1994, 108 Stat. 4488.)
16 U.S.C. § 410aaa–23 (CONSERVATION)
§ 410aaa–23. Transfer and administration of lands
On October 31, 1994, the Secretary shall transfer the lands under the jurisdiction of the Bureau of Land Management depicted on the maps described in section 410aaa–22 of this title, without consideration, to the administrative jurisdiction of the National Park Service for administration as part of the National Park System. The boundaries of the park shall be adjusted accordingly. The Secretary shall administer the areas added to the park by this part in accordance with the provisions of law generally applicable to units of the National Park System, including sections 1, 2, 3, and 4 of this title.
(Pub. L. 103–433, title IV, § 403, Oct. 31, 1994, 108 Stat. 4488.)
16 U.S.C. § 410aaa–26 (CONSERVATION)
§ 410aaa–26. Utility rights-of-way
Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities in such right-of-way, issued, granted, or permitted to the Metropolitan Water District pursuant to the Boulder Canyon Project Act (43 U.S.C. 617–619b), which is located on lands included in the Joshua Tree National Park, but outside lands designated as wilderness under section 601(a)(2). Such activities shall be conducted in a manner which will minimize the impact on park resources. Nothing in this part shall have the effect of terminating the fee title to lands or customary operation, maintenance, repair, and replacement activities on or under such lands granted to the Metropolitan Water District pursuant to the Act of June 18, 1932 (47 Stat. 324), which are located on lands included in the Joshua Tree National Park, but outside lands designated as wilderness under section 601(a)(2). Such activities shall be conducted in a manner which will minimize the impact on park resources. The Secretary shall prepare within one hundred and eighty days after October 31, 1994, in consultation with the Metropolitan Water District, plans for emergency access by the Metropolitan Water District to its lands and rights-of-way.
(Pub. L. 103–433, title IV, § 406, Oct. 31, 1994, 108 Stat. 4488.)
heading: References in Text
text: The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified generally to subchapter I (§ 617 et seq.) of chapter 12A of Title 43, Public Lands. For complete classification of this Act to the Code, see section 617t of Title 43 and Tables.
Section 601(a)(2), referred to in text, is section 601(a)(2) of Pub. L. 103–433, which enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title.
Act of June 18, 1932 (47 Stat. 324), referred to in text, is not classified to the Code.
16 U.S.C. § 410aaa–27 (CONSERVATION)
§ 410aaa–27. Joshua Tree National Park Advisory Commission
(a) Establishment
The Secretary shall establish an Advisory Commission of no more than fifteen members, to advise the Secretary concerning the development and implementation of a new or revised comprehensive management plan for Joshua Tree National Park.
(b) Membership
(1) The advisory commission shall include an elected official for each County within which any part of the park is located, a representative of the owners of private properties located within or immediately adjacent to the park, and other members representing persons actively engaged in grazing and range management, mineral exploration and development, and persons with expertise in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park resources and values.
(2) Vacancies in the advisory commission shall be filled by the Secretary so as to maintain the full diversity of views required to be represented on the advisory commission.
(c) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act shall apply to the procedures and activities of the advisory commission.
(d) Termination
The advisory commission shall cease to exist ten years after the date of its establishment.
(Pub. L. 103–433, title IV, § 407, Oct. 31, 1994, 108 Stat. 4489.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 410aaa–41 (CONSERVATION)
§ 410aaa–41. Findings
The Congress hereby finds that—
(1) Death Valley and Joshua Tree National Parks, as established by this Act, protect unique and superlative desert resources, but do not embrace the particular ecosystems and transitional desert type found in the Mojave Desert area lying between them on public lands now afforded only impermanent administrative designation as a national scenic area;
(2) the Mojave Desert area possesses outstanding natural, cultural, historical, and recreational values meriting statutory designation and recognition as a unit of the National Park System;
(3) the Mojave Desert area should be afforded full recognition and statutory protection as a national preserve;
(4) the wilderness within the Mojave Desert should receive maximum statutory protection by designation pursuant to the Wilderness Act [16 U.S.C. 1131 et seq.]; and
(5) the Mojave Desert area provides an outstanding opportunity to develop services, programs, accommodations and facilities to ensure the use and enjoyment of the area by individuals with disabilities, consistent with section 794 of title 29, Public Law 101–336, the Americans With 1 Disabilities Act of 1990 [42 U.S.C. 12101 et seq.], and other appropriate laws and regulations.
(Pub. L. 103–433, title V, § 501, Oct. 31, 1994, 108 Stat. 4489.)
heading: References in Text
text: This Act, referred to in par. (1), is defined in section 410aaa–81 of this title.
The Wilderness Act referred to in par. (4), 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 Americans with Disabilities Act of 1990, referred to in par. (5), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§ 12101 et seq.) 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 12101 of Title 42 and Tables.
16 U.S.C. § 410aaa–46 (CONSERVATION)
§ 410aaa–46. Administration
(a) The Secretary shall administer the preserve in accordance with this part and with the provisions of law generally applicable to units of the National Park System, including sections 1, 2, 3, and 4 of this title.
(b) The Secretary shall permit hunting, fishing, and trapping on lands and waters within the preserve designated by this Act in accordance with applicable Federal and State laws except that the Secretary may designate areas where, and establish periods when, no hunting, fishing, or trapping will be permitted for reasons of public safety, administration, or compliance with provisions of applicable law. Except in emergencies, regulations closing areas to hunting, fishing, or trapping pursuant to this subsection shall be put into effect only after consultation with the appropriate State agency having responsibility for fish and wildlife. Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the States with respect to fish and wildlife on Federal lands and waters covered by this part nor shall anything in this Act be construed as authorizing the Secretary concerned to require a Federal permit to hunt, fish, or trap on Federal lands and waters covered by this part.
(Pub. L. 103–433, title V, § 506, Oct. 31, 1994, 108 Stat. 4490.)
heading: References in Text
text: This Act, referred to in subsec. (b), is defined in section 410aaa–81 of this title.
16 U.S.C. § 410aaa–48 (CONSERVATION)
§ 410aaa–48. Regulation of mining
Subject to valid existing rights, all mining claims located within the preserve shall be subject to all applicable laws and regulations applicable to mining within units of the National Park System, including the Mining in the Parks Act (16 U.S.C. 1901 et seq.), and any patent issued after October 31, 1994, shall convey title only to the minerals together with the right to use the surface of lands for mining purposes, subject to such laws and regulations.
(Pub. L. 103–433, title V, § 508, Oct. 31, 1994, 108 Stat. 4491.)
heading: References in Text
text: The Mining in the Parks Act, referred to in text, is Pub. L. 94–429, Sept. 28, 1976, 90 Stat. 1342, as amended, which is classified principally to chapter 39 (§ 1901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
16 U.S.C. § 410aaa–49 (CONSERVATION)
§ 410aaa–49. Study as to validity of mining claims
(a) The Secretary shall not approve any plan of operation prior to determining the validity of the unpatented mining claims, mill sites, and tunnel sites affected by such plan within the preserve and shall submit to Congress recommendations as to whether any valid or patented claims should be acquired by the United States, including the estimated acquisition costs of such claims, and a discussion of the environmental consequences of the extraction of minerals from these lands.
(b)
(1) Notwithstanding any other provision of law, the Secretary shall permit the holder or holders of mining claims identified on the records of the Bureau of Land Management as Volco #A CAMC 105446, Volco #B CAMC 105447, Volco 1 CAMC 80155, Volco 2 CAMC 80156, Volco 3 CAMC 170259, Volco 4 CAMC 170260, Volco 5 CAMC 78405, Volco 6 CAMC 78404, and Volco 7 CAMC 78403, Volco Placer 78332, to continue exploration and development activities on such claims for a period of two years after October 31, 1994, subject to the same regulations as applied to such activities on such claims on the day before October 31, 1994.
(2) At the end of the period specified in paragraph (1), or sooner if so requested by the holder or holders of the claims specified in such paragraph, the Secretary shall determine whether there has been a discovery of valuable minerals on such claims and whether, if such discovery had been made on or before July 1, 1994, such claims would have been valid as of such date under the mining laws of the United States in effect on such date.
(3) If the Secretary, pursuant to paragraph (2), makes an affirmative determination concerning the claims specified in paragraph (1), the holder or holders of such claims shall be permitted to continue to operate such claims subject only to such regulations as applied on July 1, 1994 to the exercise of valid existing rights on patented mining claims within a unit of the National Park System.
(Pub. L. 103–433, title V, § 509, Oct. 31, 1994, 108 Stat. 4491.)
heading: References in Text
text: The mining laws of the United States, referred to in subsec. (b)(2), are classified generally to Title 30, Mineral Lands and Mining.
16 U.S.C. § 410aaa–50 (CONSERVATION)
§ 410aaa–50. Grazing
(a) The privilege of grazing domestic livestock on lands within the preserve shall continue to be exercised at no more than the current level, subject to applicable laws and National Park Service regulations.
(b) If a person holding a grazing permit referred to in subsection (a) of this section informs the Secretary that such permittee is willing to convey to the United States any base property with respect to which such permit was issued and to which such permittee holds title, the Secretary shall make the acquisition of such base property a priority as compared with the acquisition of other lands within the preserve, provided agreement can be reached concerning the terms and conditions of such acquisition. Any such base property which is located outside the preserve and acquired as a priority pursuant to this section shall be managed by the Federal agency responsible for the majority of the adjacent lands in accordance with the laws applicable to such adjacent lands.
(Pub. L. 103–433, title V, § 510, Oct. 31, 1994, 108 Stat. 4492.)
16 U.S.C. § 410aaa–52 (CONSERVATION)
§ 410aaa–52. Preparation of management plan
Within three years after October 31, 1994, the Secretary shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives a detailed and comprehensive management plan for the preserve. Such plan shall place emphasis on historical and cultural sites and ecological and wilderness values within the boundaries of the preserve. Such plan shall evaluate the feasibility of using the Kelso Depot and existing railroad corridor to provide public access to and a facility for special interpretive, educational, and scientific programs within the preserve. Such plan shall specifically address the needs of individuals with disabilities in the design of services, programs, accommodations and facilities consistent with section 794 of title 29, Public Law 101-336, the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.], and other appropriate laws and regulations.
(Pub. L. 103–433, title V, § 512, Oct. 31, 1994, 108 Stat. 4494.)
heading: References in Text
text: The Americans with Disabilities Act of 1990, referred to in text, is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§ 12101 et seq.) 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 12101 of Title 42 and Tables.