dreamproit/uscode huggingface dataset:
16 U.S.C. § 460ss–1 (CONSERVATION)
§ 460ss–1. Establishment
(a) In general
The Secretary shall designate the anadromous fish habitats and resources of the Klamath River basin as the Klamath River Basin Conservation Area (hereafter in this subchapter referred to as the “Area”).
(b) Restoration program
(1) Establishment
The Secretary shall, in consultation with the task force established under section 460ss–3 of this title, formulate, establish, and implement a 20-year program to restore the anadromous fish populations of the Area to optimum levels and to maintain such levels. The program shall be based on the Klamath River Basin Fisheries Resource Plan referred to in section 460ss(6) of this title and shall be known as the Klamath River Basin Conservation Area Restoration Program.
(2) Program activities
In carrying out the objectives of the program, the Secretary, in cooperation with the task force established under section 460ss–3 of this title, shall—
(A) monitor and coordinate research evaluating the Area anadromous fish populations and administer and evaluate the success of activities described in subparagraph (B); and
(B) take such actions as are necessary to—
(i) improve and restore Area habitats, and to promote access to blocked Area habitats, to support increased run sizes;
(ii) rehabilitate problem watersheds in the Area to reduce negative impacts on fish and fish habitats;
(iii) improve existing Area hatcheries and rearing ponds to assist in rebuilding the natural populations;
(iv) implement an intensive, short-term stocking program to rebuild run sizes while maintaining the genetic integrity and diversity of Area subbasin stocks; and
(v) improve upstream and downstream migration by removal of obstacles to fish passage and the provision of facilities for avoiding obstacles.
(3) Restoration work
To the extent practicable, any restoration work performed under paragraph (2)(B) shall be performed by unemployed—
(A) commercial fishermen;
(B) Indians; and
(C) other persons whose livelihood depends upon Area fishery resources.
(4) Memorandum of agreement
In order to facilitate the implementation of any activity described in paragraph (2) over which the Secretary does not have jurisdiction, the Secretary shall enter into a memorandum of agreement with the Federal, State, and local agencies having jurisdiction over such activities, and the Area Indian tribes. The memorandum of agreement shall specify the program activities for which the respective signatories to the agreement are responsible and shall contain such provisions as are necessary to ensure the coordinated implementation of the program.
(Pub. L. 99–552, § 2, Oct. 27, 1986, 100 Stat. 3081.)
16 U.S.C. § 460ss–4 (CONSERVATION)
§ 460ss–4. Enforcement
(a) Memorandum of agreement 1
In order to strengthen and facilitate the enforcement of Area fishery harvesting regulations, the Secretary shall enter into a memorandum of agreement with the California Department of Fish and Game. Such agreement shall specify the enforcement activities within the Area for which the respective agencies of the Department of 2 Interior and the California Department of Fish and Game are responsible and shall contain such provisions as are necessary to ensure the coordinated implementation of Federal and State enforcement activities.
(Pub. L. 99–552, § 5, Oct. 27, 1986, 100 Stat. 3085.)
16 U.S.C. § 460ss–5 (CONSERVATION)
§ 460ss–5. Appropriations
(a) Authorization
There are authorized to be appropriated to the Department of the Interior during the period beginning October 1, 1986, and ending on September 30, 2006, $21,000,000 for the design, construction, operation, and maintenance of the program and for the payment of travel expenses under sections 460ss–2(j) and 460ss–3(i) of this title. Monies appropriated under this subsection shall remain available until expended or October 1, 2006, whichever first occurs.
(b) Cost-sharing
(1) 50 percent of the cost of the development and implementation of the program must be provided by one or more non-Federal sources on a basis considered by the Secretary to be timely and appropriate. For purposes of this subsection, the term “non-Federal source” includes a State or local government, any private entity, and any individual.
(2) In addition to cash outlays, the Secretary shall consider as financial contributions by a non-Federal source the value of inkind contributions and real and personal property provided by the source for purposes of implementing the program. Valuations made by the Secretary under this paragraph are final and not subject to judicial review.
(3) For purposes of paragraph (2), inkind contributions may be in the form of, but are not limited to, personal services rendered by volunteers.
(4) The Secretary shall by regulation establish—
(A) the training, experience, and other qualifications which such volunteers must have in order for their services to be considered as inkind contributions; and
(B) the standards under which the Secretary will determine the value of inkind contributions and real and personal property for purposes of paragraph (2).
(5) The Secretary may not consider the expenditure, either directly or indirectly, with respect to the program of Federal moneys received by a State or local government to be a financial contribution by a non-Federal source to carry out the program.
(Pub. L. 99–552, § 6, Oct. 27, 1986, 100 Stat. 3085; Pub. L. 100–653, title VI, § 603(3), (4), Nov. 14, 1988, 102 Stat. 3830.)
heading: Editorial Notes
heading: Amendments
text: 1988—Subsec. (a). Pub. L. 100–653, § 603(3), inserted “and for the payment of travel expenses under sections 460ss–2(j) and 460ss–3(i) of this title” before period at end of first sentence.
Subsec. (b)(3). Pub. L. 100–653, § 603(4), struck out “in carrying out surveys, censuses, and other scientific studies” after “volunteers”.
16 U.S.C. § 460ss–6 (CONSERVATION)
§ 460ss–6. Definitions
As used in this subchapter—
(1) The term “program” means the Klamath River Basin Conservation Area Restoration Program established under section 460ss–1(b) of this title.
(2) The term “Secretary” means the Secretary of the Interior.
(Pub. L. 99–552, § 7, Oct. 27, 1986, 100 Stat. 3086.)
16 U.S.C. § 460uu (CONSERVATION)
§ 460uu. Establishment; description of area
(a) In order to preserve, for the benefit and enjoyment of present and future generations, that area in western New Mexico containing the nationally significant Grants Lava Flow, the Las Ventanas Chacoan Archeological Site, and other significant natural and cultural resources, there is hereby established the El Malpais National Monument (hereinafter referred to as the “monument”). The monument shall consist of approximately 114,000 acres as generally depicted on the map entitled “El Malpais National Monument and National Conservation Area” numbered NM–ELMA–80,001–B and dated May 1987. The map shall be on file and available for public inspection in the offices of the Director of the National Park Service, Department of the Interior.
(b) As soon as practicable after December 31, 1987, the Secretary of the Interior (hereinafter referred to as the “Secretary”) shall file a legal description of the monument with the Committee on Interior and Insular Affairs of the United States House of Representatives and with the Committee on Energy and Natural Resources of the United States Senate. Such legal description shall have the same force and effect as if included in this subchapter, except that the Secretary may correct clerical and typographical errors in such legal description and in the map referred to in subsection (a). The legal description shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.
(Pub. L. 100–225, title I, § 101, Dec. 31, 1987, 101 Stat. 1539.)
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. § 460uu–1 (CONSERVATION)
§ 460uu–1. Transfer of administrative control of lands and waters
Lands and waters and interests therein within the boundaries of the monument, which as of the day prior to December 31, 1987, were administered by the Forest Service, United States Department of Agriculture, are hereby transferred to the administrative jurisdiction of the Secretary to be managed as part of the monument in accordance with this subchapter. The boundaries of the Cibola National Forest shall be adjusted accordingly.
(Pub. L. 100–225, title I, § 102, Dec. 31, 1987, 101 Stat. 1539.)
16 U.S.C. § 460uu–2 (CONSERVATION)
§ 460uu–2. Management
The Secretary, acting through the Director of the National Park Service, shall manage the monument in accordance with the provisions of this subchapter, the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.),1 and other provisions of law applicable to units of the National Park System. The Secretary shall protect, manage, and administer the monument for the purposes of preserving the scenery and the natural, historic, and cultural resources of the monument and providing for the public understanding and enjoyment of the same in such a manner as to perpetuate these qualities for future generations.
(Pub. L. 100–225, title I, § 103, Dec. 31, 1987, 101 Stat. 1539.)
heading: Editorial Notes
heading: References in Text
text: The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
16 U.S.C. § 460uu–3 (CONSERVATION)
§ 460uu–3. Grazing permits
Where any lands included within the boundary of the monument on the map referred to in subsection 1 460uu(a) of this title are legally occupied or utilized on December 31, 1987, for grazing purposes, pursuant to a lease, permit, or license which is—
(a) for a fixed term of years issued or authorized by any department, establishment, or agency of the United States, and
(b) scheduled for termination before December 31, 1997,
the Secretary, notwithstanding any other provision of law, shall allow the persons holding such grazing privileges (or their heirs) to retain such grazing privileges until December 31, 1997, subject to such limitations, conditions, or regulations as the Secretary may prescribe to insure proper range management. No grazing shall be permitted on lands within the boundaries of the monument on or after January 1, 1998.
(Pub. L. 100–225, title I, § 104, Dec. 31, 1987, 101 Stat. 1540.)
16 U.S.C. § 460uu–11 (CONSERVATION)
§ 460uu–11. Designation
In order to provide for public appreciation, education, understanding, and enjoyment of certain nationally significant sites of antiquity in New Mexico and eastern Arizona which are accessible by public road,1 the Secretary, acting through the Director of the National Park Service, with the concurrence of the agency having jurisdiction over such roads, is authorized to designate, by publication of a description thereof in the Federal Register, a vehicular tour route along existing public roads linking prehistoric and historic cultural sites in New Mexico and eastern Arizona. Such a route shall be known as the Masau Trail (hereinafter referred to as the “trail”).
(Pub. L. 100–225, title II, § 201, Dec. 31, 1987, 101 Stat. 1540.)
16 U.S.C. § 460uu–12 (CONSERVATION)
§ 460uu–12. Areas included
The trail shall include public roads linking El Malpais National Monument as established pursuant to part A of this subchapter, El Morro National Monument, Chaco Cultural National Historical Park, Aztec Ruins National Monument, Canyon De Chelly National Monument, Pecos National Monument, Gila Cliff Dwellings National Monument, Zuni-Cibola National Historical Park, and Petroglyph National Monument. The Secretary may, in the manner set forth in section 460uu–11 of this title, designate additional segments of the trail from time to time as appropriate to link the foregoing sites with other cultural sites or sites of national significance when such sites are designated and protected by Federal, State, or local governments, Indian tribes, or nonprofit entities.
(Pub. L. 100–225, title II, § 202, Dec. 31, 1987, 101 Stat. 1540; Pub. L. 100–567, § 10, Oct. 31, 1988, 102 Stat. 2852; Pub. L. 101–313, title III, § 301, June 27, 1990, 104 Stat. 279.)
heading: Editorial Notes
heading: Amendments
text: 1990—Pub. L. 101–313 inserted reference to Petroglyph National Monument.
1988—Pub. L. 100–567, which directed substitution of “Gila Cliff Dwellings National Monument, and Zuni-Cibola National Historical Park” for “and Gila Cliff Dwelling National Monument” was executed by making substitution for “and Gila Cliff Dwellings National Monument” as the probable intent of Congress.
16 U.S.C. § 460uu–13 (CONSERVATION)
§ 460uu–13. Information and interpretation
With respect to sites linked by segments of the trail which are administered by other Federal, State, local, tribal, or nonprofit entities, the Secretary may, pursuant to cooperative agreements with such entities, provide technical assistance in the development of interpretive devices and materials in order to contribute to public appreciation of the natural and cultural resources of the sites along the trail. The Secretary, in cooperation with State and local governments, Indian tribes, and nonprofit entities, shall prepare and distribute informational material for the public appreciation of sites along the trail.
(Pub. L. 100–225, title II, § 203, Dec. 31, 1987, 101 Stat. 1541.)
16 U.S.C. § 460uu–14 (CONSERVATION)
§ 460uu–14. Markers
The trail shall be marked with appropriate markers to guide the public. With the concurrence and assistance of the State or local entity having jurisdiction over the roads designated as part of the trail, the Secretary may erect thereon and maintain signs and other informational devices displaying the Masau Trail Marker. The Secretary is authorized to accept the donation of suitable signs and other informational devices for placement at appropriate locations.
(Pub. L. 100–225, title II, § 204, Dec. 31, 1987, 101 Stat. 1541.)
16 U.S.C. § 460uu–21 (CONSERVATION)
§ 460uu–21. Establishment; description of area
(a) In order to protect for the benefit and enjoyment of future generations that area in western New Mexico containing the La Ventana Natural Arch and the other unique and na­tionally important geological, archeological, ecological, cultural, scenic, scientific, and wilderness resources of the public lands surrounding the Grants Lava Flows, there is hereby established the El Malpais National Conservation Area (hereinafter referred to as the “conservation area”). The conservation area shall consist of approximately 262,690 acres of federally owned land as generally depicted on a map entitled “El Malpais National Monument and National Conservation Area” numbered NM–ELMA–80,001–B and dated May 1987. The map shall be on file and available for inspection in the offices of the Director of the Bureau of Land Management of the Department of the Interior.
(b) As soon as practicable after December 31, 1987, the Secretary shall file a legal description of the conservation area designated under this section with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives. Such legal description shall have the same force and effect as if included in this subchapter, except that the Secretary may correct clerical and typographical errors in such legal description. The legal description shall be on file and available for public inspection in the offices of the Director of the Bureau of Land Management, Department of the Interior.
(Pub. L. 100–225, title III, § 301, Dec. 31, 1987, 101 Stat. 1541.)
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. § 460uu–22 (CONSERVATION)
§ 460uu–22. Management
(a) Provisions applicable
The Secretary, acting through the Director of the Bureau of Land Management, shall manage the conservation area to protect the resources specified in section 460uu–21 of this title and in accordance with this subchapter, the Federal Land Management and Policy 1 Act of 1976 [43 U.S.C. 1701 et seq.] and other applicable provisions of law, including those provisions relating to grazing on public lands.
(b) Hunting and trapping
The Secretary shall permit hunting and trapping within the conservation area in accordance with applicable laws and regulations of the United States and the State of New Mexico; except that the Secretary, after consultation with the New Mexico Department of Game and Fish, may issue regulations designating zones where and establishing periods when no hunting or trapping shall be permitted for reasons of public safety, administration, or public use and enjoyment.
(c) Prohibition of collection of green or dead wood for commercial purposes
Collection of green or dead wood for sale or other commercial purposes shall not be permitted in the conservation area.
(d) Grazing
Except as otherwise provided in section 460uu–32(b) of this title, within the conservation area the grazing of livestock shall be permitted to continue, pursuant to applicable Federal law, including this subchapter, and subject to such reasonable regulations, policies, and practices as the Secretary deems necessary.
(Pub. L. 100–225, title III, § 302, Dec. 31, 1987, 101 Stat. 1541.)
heading: Editorial Notes
heading: References in Text
text: The Federal Land Management and Policy Act of 1976, referred to in subsec. (a), probably means the Federal Land Policy and Management Act of 1976, Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.
16 U.S.C. § 460uu–31 (CONSERVATION)
§ 460uu–31. Designation; description of area
(a) In furtherance of the purposes of the Wilderness Act (78 Stat. 890) [16 U.S.C. 1131 et seq.], there are hereby designated as wilderness, and, therefore, as components of the National Wilderness Preservation System, the Cebolla Wilderness of approximately 60,000 acres, and the West Malpais Wilderness of approximately 38,210 acres, as each is generally depicted on the map entitled “El Malpais National Monument and National Conservation Area” numbered NM–ELMA–80,001–B and dated May 1987. The map shall be on file and available for inspection in the offices of the Director of the Bureau of Land Management, Department of the Interior.
(b) As soon as practicable after December 31, 1987, the Secretary shall file a legal description of each wilderness area designated by this subchapter with the Committee on Interior and Insular Affairs of the United States House of Representatives and with the Committee on Energy and Natural Resources of the United States Senate. Such legal description shall have the same force and effect as if included in this subchapter, except that the Secretary may correct clerical and typographical errors in such legal description. The legal description shall be on file and available for public inspection in the offices of the Director of the Bureau of Land Management, Department of the Interior.
(Pub. L. 100–225, title IV, § 401, Dec. 31, 1987, 101 Stat. 1542.)
heading: Editorial Notes
heading: References in Text
text: The Wilderness Act, referred to in subsec. (a), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, 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.
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. § 460uu–32 (CONSERVATION)
§ 460uu–32. Management; provisions applicable
(a) Subject to valid existing rights, each wilderness area designated under this subchapter shall be administered by the Secretary, through the Director of the Bureau of Land Management, in accordance with the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.] governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to December 31, 1987.
(b) Within the wilderness areas designated by this subchapter, the grazing of livestock, where established prior to December 31, 1987, shall be permitted to continue subject to such reasonable regulations, policies, and practices as the Secretary deems necessary, as long as such regulations, policies, and practices fully conform with and implement the intent of Congress regarding grazing in such areas as such intent is expressed in the Wilderness Act [16 U.S.C. 1131 et seq.] and section 108 of Public Law 96–560 (16 U.S.C. 1133 note).
(Pub. L. 100–225, title IV, § 402, Dec. 31, 1987, 101 Stat. 1542.)
heading: Editorial Notes
heading: References in Text
text: The Wilderness Act, referred to in text, is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, 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. (a), means Sept. 3, 1964, the date of enactment of Pub. L. 88–577, which enacted chapter 23 of this title.
16 U.S.C. § 460uu–42 (CONSERVATION)
§ 460uu–42. Acquisition of lands and interests
Within the monument and the conservation area, the Secretary is authorized to acquire lands and interests in lands by donation, purchase with donated or appropriated funds, exchange, or transfer from any other Federal agency, except that such lands or interests therein owned by the State of New Mexico or a political subdivision thereof may be acquired only by exchange. It is the sense of Congress that the Secretary is to complete the acquisition of non-Federal subsurface interests underlying the monument and the conservation area no later than three full fiscal years after the fiscal year of enactment of this subchapter.
(Pub. L. 100–225, title V, § 502, Dec. 31, 1987, 101 Stat. 1544.)
heading: Editorial Notes
heading: References in Text
text: The fiscal year of enactment of this subchapter, referred to in text, is the fiscal year of the enactment of Pub. L. 100–225, which enacted this subchapter, and was approved Dec. 31, 1987.