dreamproit/uscode huggingface dataset:
16 U.S.C. § 410eeee–5 (CONSERVATION)
§ 410eeee–5. Mineral lands
(a) Mining; prohibition and limitation
Notwithstanding any other provision of law, no surface mining of any kind shall be permitted on federally owned lands within the boundary of the national river where the subsurface estate is not federally owned. Underground mining on such lands may be permitted by the Secretary only if—
(1) the mining operation will have no significant adverse impact on the public use and enjoyment of the national river;
(2) the mining operation will disturb the minimum amount of surface necessary to extract the mineral; and
(3) the surface is not significantly disturbed, unless there is no technologically feasible alternative.
(b) Timber harvesting
The harvesting of timber on federally owned lands within the national river boundary is prohibited, except insofar as it is necessary for the Secretary to remove trees for river access, historic sites, primitive campgrounds, scenic vistas, or as may be necessary from time to time for reasons of public health and safety.
(c) Civil action; jurisdiction; recovery
The owner of a mineral estate subject to this section who believes he has suffered a loss by operation of this section, may bring an action only in a United States district court to recover just compensation, which shall be awarded if the court finds that such loss constitutes a taking of property compensable under the Constitution.
(Pub. L. 95–625, title XI, § 1105, Nov. 10, 1978, 92 Stat. 3546.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 460m–19 of this title.
16 U.S.C. § 410eeee–7 (CONSERVATION)
§ 410eeee–7. Project work prohibition; advisement to Secretary; report to Congress
The Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act (41 Stat. 1063) as amended (16 U.S.C. 791a et seq.), on or directly affecting the New River Gorge National River,1 and no department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary. Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments below or above the New River Gorge National River 1 or on any stream tributary thereto which will not invade the area or diminish the scenic, recreation, and fish and wildlife values present in the area on November 10, 1978. No department or agency of the United States shall recommend authorization of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary, or request appropriations to begin construction on any such project whether heretofore or hereafter authorized, without advising the Secretary in writing of its intention to do so at least sixty days in advance, and without specifically reporting to the Congress in writing at the time it makes its recommendation or request in what respect construction of such project would be in conflict with the purposes of this section and would effect 2 the national river and the values to be protected by it under this section.
(Pub. L. 95–625, title XI, § 1107, Nov. 10, 1978, 92 Stat. 3547.)
heading: Editorial Notes
heading: References in Text
text: The Federal Power Act (41 Stat. 1063) as amended (16 U.S.C. 791a et seq.), referred to in text, is act June 10, 1920, ch. 285, 41 Stat. 1063, 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: Codification
text: Section was formerly classified to section 460m–21 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: New River Gorge National River redesignated New River Gorge National Park and Preserve by Pub. L. 116–260, div. FF, title II, § 202, Dec. 27, 2020, 134 Stat. 3089, which is classified to section 410eeee of this title.
16 U.S.C. § 410eeee–8 (CONSERVATION)
§ 410eeee–8. General management plan; submission to Congressional committees
Within three years from November 10, 1978, the Secretary shall develop and transmit to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs, a general management plan for the protection and development of the national river consistent with the purposes of this subchapter, indicating—
(1) measures for the preservation of the area’s resources;
(2) indications of types and general intensities of development (including visitor circulation and transportation patterns, systems and modes) associated with public enjoyment and use of the area, including general locations, timing of implementation, and anticipated costs;
(3) identification of and implementation commitments for visitor carrying capacities for all areas of the unit; and
(4) indications of potential modifications to the external boundaries of the unit, and the reasons therefor.
(Pub. L. 95–625, title XI, § 1109, Nov. 10, 1978, 92 Stat. 3548.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 460m–22 of this title.
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. § 410eeee–9 (CONSERVATION)
§ 410eeee–9. Cooperation
The Secretary of the Army shall cooperate with the Secretary of the Interior concerning the water requirements of the national river. The Secretary of the Army shall provide for release of water from the Bluestone Lake project consistent with that project’s purposes and activities in sufficient quantity and in such manner to facilitate protection of biological resources and recreational use of the national river.
(Pub. L. 95–625, title XI, § 1110, Nov. 10, 1978, 92 Stat. 3548.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 460m–23 of this title.
16 U.S.C. § 410eeee–10 (CONSERVATION)
§ 410eeee–10. Class I or class II redesignation for clean air purposes
For the purposes of part C of the Clean Air Act [42 U.S.C. 7470 et seq.], the State may redesignate the national river only as class I or class II.
(Pub. L. 95–625, title XI, § 1111, Nov. 10, 1978, 92 Stat. 3548.)
heading: Editorial Notes
heading: References in Text
text: The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, as amended generally by Pub. L. 88–206, Dec. 17, 1963, 77 Stat. 392, and later by Pub. L. 95–95, Aug. 7, 1977, 91 Stat. 685. The Clean Air Act was originally classified to chapter 15B (§ 1857 et seq.) of Title 42, The Public Health and Welfare. On enactment of Pub. L. 95–95, the Act was reclassified to chapter 85 (§ 7401 et seq.) of Title 42. Part C of the Clean Air Act is classified generally to part C (§ 7470 et seq.) of subchapter I of chapter 85 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
heading: Codification
text: Section was formerly classified to section 460m–24 of this title.
16 U.S.C. § 410eeee–11 (CONSERVATION)
§ 410eeee–11. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary for the purposes of this subchapter, but not to exceed $20,000,000 for the acquisition of lands and interests in lands, and not to exceed $3,000,000 for development.
(Pub. L. 95–625, title XI, § 1112, Nov. 10, 1978, 92 Stat. 3548; Pub. L. 99–500, § 101(h) [title I, § 116(b)], Oct. 18, 1986, 100 Stat. 1783–242, 1783–266, and Pub. L. 99–591, § 101(h) [title I, § 116(b)], Oct. 30, 1986, 100 Stat. 3341–242, 3341–266; Pub. L. 99–590, title X, § 1002, Oct. 30, 1986, 100 Stat. 3340.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 460m–25 of this title.
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
heading: Amendments
text: 1986—Pub. L. 99–500, Pub. L. 99–590, Pub. L. 99–591, amended section identically substituting “$3,000,000” for “$500,000”.
16 U.S.C. § 410eeee–12 (CONSERVATION)
§ 410eeee–12. Cooperative agreements with State
In administering the national river, the Secretary is authorized to enter into cooperative agreements with the State of West Virginia, or any political subdivision thereof, for the rendering, on a reimbursable or non-reimbursable basis, of rescue, fire fighting, and law enforcement services and cooperative assistance by nearby law enforcement and fire preventive agencies.
(Pub. L. 95–625, title XI, § 1113, as added Pub. L. 100–534, title I, § 102, Oct. 26, 1988, 102 Stat. 2700.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 460m–26 of this title.
16 U.S.C. § 410eeee–13 (CONSERVATION)
§ 410eeee–13. Improvement of access at Cunard
(a) Development and improvement
The Secretary shall expeditiously acquire such lands, and undertake such developments and improvements, as may be necessary to provide for commercial and noncommercial access to the river near Cunard. No restriction shall be imposed on such access based on the time of day, except to the extent required to protect public health and safety.
(b) Interim measures
Pending completion of the developments and improvements referred to in subsection (a), the Secretary shall permit the motorized towing of whitewater rafts in the section of the national river between Thurmond and Cunard when the volume of flow in the river is less than three thousand cubic feet per second.
(Pub. L. 95–625, title XI, § 1114, as added Pub. L. 100–534, title I, § 103, Oct. 26, 1988, 102 Stat. 2700.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 460m–27 of this title.
16 U.S.C. § 410eeee–15 (CONSERVATION)
§ 410eeee–15. Glade Creek visitor facility
In order to provide for public use and enjoyment of the scenic and natural resources of the New River Gorge National River 1 and in order to provide public information to visitors with respect to the national river and associated State parklands, the Secretary is authorized and directed to construct a scenic overlook and visitor information facility at a suitable location accessible from Interstate 64 in the vicinity of Glade Creek within the boundary of the national river. There is authorized to be appropriated such sums as may be necessary to carry out construction (including all related planning and design) of the scenic overlook and visitor information facility.
(Pub. L. 95–625, title XI, § 1116, as added Pub. L. 100–534, title I, § 105, Oct. 26, 1988, 102 Stat. 2702.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 460m–29 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: New River Gorge National River redesignated New River Gorge National Park and Preserve by Pub. L. 116–260, div. FF, title II, § 202, Dec. 27, 2020, 134 Stat. 3089, which is classified to section 410eeee of this title.
16 U.S.C. § 410eeee–16 (CONSERVATION)
§ 410eeee–16. New River Gorge and Gauley River Visitor Center
The Secretary of the Interior is authorized to construct a visitor center and such other related facilities as may be deemed necessary to facilitate visitor understanding and enjoyment of the New River Gorge National River 1 and the Gauley River National Recreation Area in the vicinity of the confluence of the New and Gauley Rivers. Such center and related facilities are authorized to be constructed at a site outside of the boundary of the New River Gorge National River 1 or Gauley River National Recreation Area unless a suitable site is available within the boundaries of either unit.
(Pub. L. 104–333, div. I, title IV, § 406(b), Nov. 12, 1996, 110 Stat. 4150.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 460m–29a of this title.
Section was enacted as part of the Omnibus Parks and Public Lands Management Act of 1996, and not as part of title XI of the National Parks and Recreation Act of 1978 which comprises this subchapter.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: New River Gorge National River redesignated New River Gorge National Park and Preserve by Pub. L. 116–260, div. FF, title II, § 202, Dec. 27, 2020, 134 Stat. 3089, which is classified to section 410eeee of this title.
heading: New River Visitor Center
text: Pub. L. 105–178, title I, § 1214(c), June 9, 1998, 112 Stat. 205, provided that:
“(1) In general.—
The Secretary shall allocate to the Secretary of the Interior amounts made available by this subsection for the planning, design, and construction of a visitor center, and such other related facilities as may be necessary, to facilitate visitor understanding and enjoyment of the scenic, historic, cultural, and recreational resources of the New River Gorge National River [now New River Gorge National Park and Preserve] in the State of West Virginia. The center and related facilities shall be located at a site for which title is held by the United States in the vicinity of the I–64 Sandstone intersection.
“(2) Authorization of appropriations.—
There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $1,300,000 for fiscal year 1998, $1,200,000 for fiscal year 1999, and $9,900,000 for fiscal year 2000.
“(3) Applicability of title 23.—
Funds authorized by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall remain available until expended.”
16 U.S.C. § 410eeee–17 (CONSERVATION)
§ 410eeee–17. Applicable provisions of other law
(a) Cooperative agreements
The provisions of section 460ww–1(e)(1) of this title shall apply to the New River Gorge National River 1 in the same manner and to the same extent as such provisions apply to the Gauley River National Recreation Area.
(b) Remnant lands
The provisions of the second sentence of section 460ww–2(a) of this title shall apply to tracts of land partially within the boundaries of the New River Gorge National River 1 in the same manner and to the same extent as such provisions apply to tracts of land only partially within the Gauley River National Recreation Area.
(Pub. L. 95–625, title XI, § 1117, as added Pub. L. 104–333, div. I, title IV, § 406(a)(3), Nov. 12, 1996, 110 Stat. 4150.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 460m–30 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: New River Gorge National River redesignated New River Gorge National Park and Preserve by Pub. L. 116–260, div. FF, title II, § 202, Dec. 27, 2020, 134 Stat. 3089, which is classified to section 410eeee of this title.
16 U.S.C. § 410ffff (CONSERVATION)
§ 410ffff. Definitions
As used in this subchapter—
(1) The term “Secretary” means the Secretary of the Interior.
(2) The term “historical park” means the Weir Farm National Historical Park established in section 410ffff–2 of this title.
(Pub. L. 101–485, § 2, Oct. 31, 1990, 104 Stat. 1171; Pub. L. 116–305, § 2(b)(1), Jan. 5, 2021, 134 Stat. 4917.)
heading: Editorial Notes
heading: Amendments
text: 2021—Par. (2). Pub. L. 116–305 substituted “historical park” for “historic site” and “National Historical Park” for “National Historic Site”.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2021 Amendment
text: Pub. L. 116–305, § 1, Jan. 5, 2021, 134 Stat. 4917, provided that: “This Act [amending this section and sections 410ffff–2 to 410ffff–4 of this title and enacting provisions set out as a note under this section] may be cited as the ‘Weir Farm National Historical Park Redesignation Act’.”
heading: Short Title of 1994 Amendment
text: Pub. L. 103–449, title II, § 201, Nov. 2, 1994, 108 Stat. 4756, provided that: “This title [amending section 410ffff–2 of this title and enacting provisions set out as a note under section 410ffff–2 of this title] may be cited as the ‘Weir Farm National Historic Site Expansion Act of 1994’.”
heading: Short Title
text: Pub. L. 101–485, § 1, Oct. 31, 1990, 104 Stat. 1171, provided that: “This Act [enacting this subchapter] may be cited as the ‘Weir Farm National Historic Site Establishment Act of 1990’.”
heading: Designation of Weir Farm National Historical Park; References
text: Pub. L. 116–305, § 2(a), (c), Jan. 5, 2021, 134 Stat. 4917, provided that:
“(a) In General.—
The Weir Farm National Historic Site shall be known and designated as the ‘Weir Farm National Historical Park’.
“(c) References.—
Any reference in any law, regulation, document, record, map, or other paper of the United States to the Weir Farm National Historic Site shall be considered to be a reference to the ‘Weir Farm National Historical Park’.”
16 U.S.C. § 410ffff–1 (CONSERVATION)
§ 410ffff–1. Findings and purposes
(a) Findings
The Congress finds that—
(1) the Weir Farm in Connecticut is listed on the National Register of Historic Places as a historic site associated with major American artists and several artistic developments;
(2) the Weir Farm, acquired in 1882 by J. Alden Weir, a founder and principal exponent of American Impressionism, has been continuously occupied by working artists and their families who have maintained its significance and integrity as a historic site; and
(3) the Weir Farm, including the house, barns, studios, pond, field, and woods thereon, and the approximately 113 acres of adjacent natural areas owned by the Nature Conservancy and the Town of Ridgefield, Connecticut, provide opportunities for illustrating and interpreting cultural themes of our Nation’s heritage and provide opportunities for public use and enjoyment.
(b) Purposes
The purposes of this subchapter are—
(1) to preserve a significant site of the tradition of American Impressionism;
(2) to maintain the integrity of a setting that inspired artistic expression and encourages public enjoyment; and
(3) to offer opportunities for the inspirational benefit and education of the American people.
(Pub. L. 101–485, § 3, Oct. 31, 1990, 104 Stat. 1171.)
16 U.S.C. § 410ffff–3 (CONSERVATION)
§ 410ffff–3. Acquisition of real and personal property and services
(a) Real and personal property
The Secretary is authorized to acquire by donation, exchange, or purchase with donated or appropriated funds, the lands and improvements within the boundaries of the historical park, except that any such lands and improvements owned by the State of Connecticut may be acquired only by donation. The Secretary may also acquire by the same methods personal property associated with, and appropriate for, the interpretation of the historical park: Provided, That the Secretary may acquire works of art associated with the Weir family, J. Alden Weir, and other artists who lived at or visited the site only by donation or purchase with donated funds.
(b) Other property, funds, and services
The Secretary is authorized to accept and use donated funds, property, and services to carry out this subchapter.
(Pub. L. 101–485, § 5, Oct. 31, 1990, 104 Stat. 1172; Pub. L. 116–305, § 2(b)(3), Jan. 5, 2021, 134 Stat. 4917.)
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–305 substituted “historical park” for “historic site” in two places.
16 U.S.C. § 410ffff–5 (CONSERVATION)
§ 410ffff–5. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter, except that not more than $4,000,000 may be appropriated for the acquisition of real and personal property.
(Pub. L. 101–485, § 7, Oct. 31, 1990, 104 Stat. 1173; Pub. L. 105–363, § 1(b), Nov. 10, 1998, 112 Stat. 3296.)
heading: Editorial Notes
heading: Amendments
text: 1998—Pub. L. 105–363 substituted “$4,000,000” for “$1,500,000”.
16 U.S.C. § 410gggg (CONSERVATION)
§ 410gggg. Homestead National Historical Park; establishment
The Secretary of the Interior is authorized and directed to acquire, on behalf of the United States, by gift, purchase, or condemnation, the south half of the northwest quarter, the northeast quarter of the northwest quarter, and the southwest quarter of the northeast quarter section 26, township 4 north, range 5 east, of the sixth principal meridian, Gage County, Nebraska, the same being the first homestead entered upon under the General Homestead Act of May 20, 1862, by Daniel Freeman, and that when so acquired, the said area be designated the “Homestead National Historical Park”.
(Mar. 19, 1936, ch. 157, § 1, 49 Stat. 1184; Pub. L. 116–328, § 1(a), Jan. 13, 2021, 134 Stat. 5099.)
heading: Editorial Notes
heading: References in Text
text: The General Homestead Act, referred to in text, is act May 20, 1862, ch. 75, 12 Stat. 392. See chapter 7 (§ 161 et seq.) of Title 43, Public Lands.
heading: Codification
text: Section was formerly classified to section 450u of this title.
heading: Amendments
text: 2021—Pub. L. 116–328 substituted “designated the ‘Homestead National Historical Park’.” for “designated ‘The Homestead National Monument of America.’ ”
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Pub. L. 116–328, § 1(b), Jan. 13, 2021, 134 Stat. 5099, provided that: “Any reference in a law, map, regulation, document, paper, or other record of the United States to the unit of the National Park System known as ‘The Homestead National Monument of America’ shall be considered to be a reference to the ‘Homestead National Historical Park’.”
heading: Homestead National Monument of America Additions
text: Pub. L. 107–332, Dec. 16, 2002, 116 Stat. 2871, known as the Homestead National Monument of America Additions Act, provided for addition of certain parcels of private and State-owned land to the Homestead National Monument of America and authorized appropriations and cooperative agreements with the appropriate State and local governments.
Pub. L. 91–411, Sept. 25, 1970, 84 Stat. 863, provided for addition of the Freeman School to the Homestead National Monument of America in Nebraska and authorized appropriation of not more than $50,000 for rehabilitation and development of the Freeman School.
16 U.S.C. § 410gggg–1 (CONSERVATION)
§ 410gggg–1. Administration; establishment of museum
It shall be the duty of the Secretary of the Interior to lay out said land in a suitable and enduring manner so that the same may be maintained as an appropriate monument to retain for posterity a proper memorial emblematical of the hardships and the pioneer life through which the early settlers passed in the settlement, cultivation, and civilization of the great West. It shall be his duty to erect suitable buildings to be used as a museum in which shall be preserved literature applying to such settlement and agricultural implements used in bringing the western plains to its present high state of civilization, and to use the said tract of land for such other objects and purposes as in his judgment may perpetuate the history of the country mainly developed by the homestead law.
(Mar. 19, 1936, ch. 157, § 3, 49 Stat. 1184.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 450w of this title.
16 U.S.C. § 410gggg–2 (CONSERVATION)
§ 410gggg–2. Authorization of annual appropriations
For the purpose of carrying out the suggestions and recommendations of the Secretary of the Interior, the necessary annual appropriations therefor are authorized.
(Mar. 19, 1936, ch. 157, § 4, 49 Stat. 1184.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 450x of this title.