dreamproit/uscode huggingface dataset:
16 U.S.C. § 460bbb (CONSERVATION)
§ 460bbb. Findings
The Congress finds that—
(1) the Smith River, undammed and free-flowing from its headwaters to the Pacific Ocean, represents one of the last wholly intact vestiges of an invaluable legacy of wild and scenic rivers;
(2) the Smith River watershed, from the diverse conifer forests of the Siskiyou Mountains and unique botanical communities of the North Fork serpentine to the ancient redwoods along the river’s lower reaches, exhibits a richness of ecological diversity unusual in a basin of its size;
(3) the Smith River watershed’s scenic beauty, renowned anadromous fisheries, exceptional water quality, and abundant wildlife combine with its ready accessibility to offer exceptional opportunities for a wide range of recreational activities, including wilderness, water sports, fishing, hunting, camping, and sightseeing;
(4) careful development and utilization at mutually compatible levels of recreation, fisheries, and timber resources on public lands will ensure the continuation of the Smith River watershed’s historic role as a significant contributor to the region’s local economy; and
(5) protection of the Smith River’s unique values can be enhanced by a cooperative effort by Federal, State and local governments to coordinate land-use planning, management, and development of Federal and non-Federal lands throughout the watershed.
(Pub. L. 101–612, § 2, Nov. 16, 1990, 104 Stat. 3209.)
heading: Short Title
text: Pub. L. 101–612, § 1, Nov. 16, 1990, 104 Stat. 3209, provided that: “Sections 1 through 14 of this Act [enacting this subchapter, amending section 1274 of this title, and enacting provisions set out as a note under section 460bbb–7 of this title] may be cited as the ‘Smith River National Recreation Area Act’.”
16 U.S.C. § 460bbb–1 (CONSERVATION)
§ 460bbb–1. Definitions
As used in this subchapter—
(1) the term “excluded area” means one of the four areas specifically excluded from the recreation area, as generally depicted on the map referred to in section 460bbb–2(b) of this title;
(2) the term “forest plan” means the land and resource management plan for the Six Rivers National Forest prepared pursuant to section 1604 of this title;
(3) the term “recreation area” means the Smith River National Recreation Area established by section 460bbb–2 of this title;
(4) the term “Secretary” means the Secretary of Agriculture; and
(5) the term “inner gorge” means the inherently unstable steep slope (65 percent gradient or more) immediately adjacent to the stream or river channel, extending from the channel or recent floodplain to the first significant break in slope (usually 15 percent or more).
(Pub. L. 101–612, § 3, Nov. 16, 1990, 104 Stat. 3209.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “this Act”, meaning Pub. L. 101–612, Nov. 16, 1990, 104 Stat. 3209, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 460bbb of this title and Tables.
16 U.S.C. § 460bbb–2 (CONSERVATION)
§ 460bbb–2. Establishment
(a) In general
For the purposes of ensuring the preservation, protection, enhancement, and interpretation for present and future generations of the Smith River watershed’s outstanding wild and scenic rivers, ecological diversity, and recreation opportunities while providing for the wise use and sustained productivity of its natural resources, there is hereby established the Smith River National Recreation Area.
(b) Boundaries
(1) The recreation area shall consist of those lands within the area generally depicted on the map entitled “Proposed Smith River National Recreation Area” and dated July 1990. The map shall be on file and available for public inspection in the Office of the Chief, Forest Service, Department of Agriculture. The Secretary may, by publication of availability of a revised map and after public comment, make corrections or minor changes to the boundary of the recreation area.
(2) The exterior boundary of the recreation area, as generally depicted on the map, shall encompass the recreation area and the four excluded areas.
(c) Boundary modification
The boundaries of the Six Rivers National Forest are hereby modified as generally depicted on the map referred to in subsection (b) of this section. A map and legal description of the boundary of the Six Rivers National Forest as modified by this subsection shall be on file and available for public inspection in the Office of the Chief, Forest Service, and the Office of the Forest Supervisor of the Six Rivers National Forest.
(d) Transfer
The federally owned lands within the recreation area administered by the Secretary of the Interior on November 16, 1990, comprising approximately 20 acres, are hereby transferred to the jurisdiction of the Secretary of Agriculture and shall be managed in accordance with the laws applicable to the National Forest System and this subchapter.
(Pub. L. 101–612, § 4, Nov. 16, 1990, 104 Stat. 3210.)
16 U.S.C. § 460bbb–5 (CONSERVATION)
§ 460bbb–5. Fish and game
Nothing in this subchapter shall be construed to affect the jurisdiction or responsibilities of the State of California with respect to fish and wildlife, including the regulation of hunting, fishing, and trapping on any lands managed by the Secretary under this subchapter, except that the Secretary may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of protecting nongame species and their habitats, public safety, administration, or public use and enjoyment. Except in emergencies, any regulation of the Secretary pursuant to this section shall be put into effect only after consultation with the fish and wildlife agency of the State of California.
(Pub. L. 101–612, § 7, Nov. 16, 1990, 104 Stat. 3214.)
16 U.S.C. § 460bbb–7 (CONSERVATION)
§ 460bbb–7. Management planning
The Secretary shall revise the document entitled “Smith River National Recreation Area Management Plan” dated February 1990 to conform to the provisions of this subchapter, and such revised plan shall guide management of the recreation area and shall be incorporated in its entirety into the forest plan for the Six Rivers National Forest. This incorporation shall not be deemed a revision or amendment to the forest plan for purposes of the 1 section 1604 of this title. The Secretary shall make such further revisions to the management plan as are necessary in order to include more specific development and use plans for the recreation areas. Such revisions shall be made no later than 5 years after November 16, 1990. Such revisions and any other modifications of the management plan shall be made only through the processes of revision or amendment of the forest plan pursuant to section 1604 of this title, including appropriate consultation with State and local government officials and provision for full public participation considering the views of all interested parties, organizations, and individuals.
(Pub. L. 101–612, § 9, Nov. 16, 1990, 104 Stat. 3214.)
heading: Management
text: Pub. L. 101–612, § 10(c), Nov. 16, 1990, 104 Stat. 3219, provided that: “The management plan prepared under section 9 of this Act [this section] shall be deemed to satisfy the requirement for a comprehensive management plan required under section 3(d)(1) of the Wild and Scenic Rivers Act [section 1274(d)(1) of this title].”
16 U.S.C. § 460bbb–9 (CONSERVATION)
§ 460bbb–9. State and local jurisdiction and assistance
(a) State and local jurisdiction
Nothing in this subchapter shall diminish, enlarge, or modify any right of the State of California or any political subdivision thereof, to exercise civil and criminal jurisdiction or to carry out State fish and game laws, rules, and regulations within the recreation area, or to tax persons, franchise, or private property on the lands and waters included in the recreation area, or to regulate the private lands within the recreation area.
(b) Cooperative agreements
The Secretary is authorized and encouraged to enter into cooperative agreements with the State of California or its political subdivisions for—
(1) the rendering on a reimbursable basis, of rescue, firefighting, and law enforcement services and cooperative assistance by nearby law enforcement and fire prevention agencies; and
(2) the planning for use, management, and development of non-Federal lands within the recreation area and elsewhere in the Smith River watershed in the furtherance of the purposes of this subchapter.
(c) Technical assistance
To enable the State of California and its political subdivisions to develop and implement programs compatible with the purposes of this subchapter, the Secretary, in consultation with the Secretaries of the Interior, Commerce, and Housing and Urban Development, shall consider upon request such technical assistance to the State and its political subdivisions as is necessary to fulfill the purposes of this section. Such assistance may include payments or grants, within existing programs, for technical aid and program development.
(d) Land information system
The Secretary of Agriculture shall assist the county of Del Norte in developing a land information system that will be compatible with the Forest Service and National Park Service systems for the Federal lands in Del Norte County and such non-Federal systems as may be appropriate and that will be made available to Federal and non-Federal entities for use in coordinating planning for the recreation area and other lands in the Smith River watershed.
(Pub. L. 101–612, § 12, Nov. 16, 1990, 104 Stat. 3221.)
16 U.S.C. § 460bbb–10 (CONSERVATION)
§ 460bbb–10. Savings provision
(a) Activities on lands outside of recreation area
Nothing in this subchapter shall limit, restrict, or require specific management practices on lands outside the recreation area boundary. The fact that activities or uses outside the recreation area can be seen, heard, or otherwise perceived within the recreation area shall not, of itself, limit, restrict, or preclude such activities or uses up to the boundary of the recreation area.
(b) Prior rights
(1) Nothing in this subchapter shall limit, restrict, or preclude the implementation of valid timber sale contracts or other contracts or agreements executed by the Secretary before November 16, 1990.
(2) Except as specifically provided herein nothing in this subchapter shall be construed as diminishing or relinquishing any right, title, or interest of the United States in any lands, waters, or interests therein within the boundaries of the recreation area designated by this subchapter.
(c) Road easements
Nothing in this subchapter shall be construed as affecting the responsibilities of the State of California or any of its political subdivisions with respect to road easements, including maintenance and improvement of State Highway 199 and County Route 427.
(d) Rights of access
Existing rights provided by Federal law for access by private landowners across National Forest System lands shall not be affected by this subchapter.
(e) Entitlement moneys
Annually for the first two full fiscal years after November 16, 1990, the Secretary shall pay for use by units of local government within the recreation area an amount equal to the difference between the amounts payable for such purposes pursuant to the Act of May 23, 1908 (chapter 193; 35 Stat. 251; 16 U.S.C. 500) and the average amount paid for such purpose under such Act during the five fiscal years preceding November 16, 1990. The amount payable under this subsection shall be reduced by 10 percent annually thereafter for each succeeding fiscal year until the amount payable shall be reduced 100 percent by the end of the twelfth fiscal year after November 16, 1990. This subsection shall expire 11 years after the first payment pursuant to this subsection.
(Pub. L. 101–612, § 13, Nov. 16, 1990, 104 Stat. 3222.)
heading: References in Text
text: Act of May 23, 1908 (chapter 193; 35 Stat. 251; 16 U.S.C. 500), referred to in subsec. (e), probably means act May 23, 1908, ch. 192, 35 Stat. 260, which is classified to section 500 of this title.
16 U.S.C. § 460bbb–11 (CONSERVATION)
§ 460bbb–11. Authorization of appropriations
There are authorized to be appropriated such funds as may be necessary to carry out this subchapter and the amendments made by this subchapter.
(Pub. L. 101–612, § 14, Nov. 16, 1990, 104 Stat. 3222.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “this Act”, meaning Pub. L. 101–612, Nov. 16, 1990, 104 Stat. 3209, which enacted this subchapter and amended section 1274 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 460bbb of this title and Tables.
16 U.S.C. § 460ccc (CONSERVATION)
§ 460ccc. Definitions
For the purposes of this subchapter, the term—
(a) “conservation area” means the Red Rock Canyon National Conservation Area established pursuant to section 460ccc–1 of this title;
(b) “public lands” has the meaning stated in section 1702(e) of title 43; and
(c) “Secretary” means the Secretary of the Interior.
(Pub. L. 101–621, § 2, Nov. 16, 1990, 104 Stat. 3342.)
heading: Short Title
text: Pub. L. 101–621, § 1, Nov. 16, 1990, 104 Stat. 3342, provided that: “This Act [enacting this subchapter] may be cited as the ‘Red Rock Canyon National Conservation Area Establishment Act of 1990’.”
16 U.S.C. § 460ccc–2 (CONSERVATION)
§ 460ccc–2. Management
(a) In general
The Secretary, acting through the Director of the Bureau of Land Management, shall, subject to valid existing rights, manage the conservation area to conserve, protect, and enhance the resources described in section 460ccc–1 of this title, in accordance with this subchapter, the Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701 et seq.], and other applicable laws. The Secretary shall only allow such uses of the conservation area as he finds will further the purposes for which the conservation area is established.
(b) Hunting
(1) Subject to paragraph (2), the Secretary shall permit hunting within the conservation area in accordance with the laws of the State of Nevada.
(2) The Secretary, after consultation with the Nevada Department of Wildlife, may issue regulations designating zones where and establishing when hunting shall not be permitted for reasons of public safety, administration, or public use and enjoyment.
(c) Preventive measures
Nothing in this subchapter shall preclude such measures as the Secretary deems necessary to prevent devastating fire or infestation of insects or disease within the conservation area.
(d) Mechanized vehicles
Except when needed for administrative or emergency purposes, the use of mechanized vehicles in the conservation area shall be allowed only on roads and trails specifically designated for such use as provided in the management plan prepared pursuant to section 460ccc–3 of this title.
(e) Limits on visitation and use
The Secretary may limit visitation and use of the conservation area as the Secretary finds appropriate for the protection of the resources of the conservation area.
(Pub. L. 101–621, § 4, Nov. 16, 1990, 104 Stat. 3343.)
heading: References in Text
text: The Federal Land Policy and Management Act of 1976, referred to in subsec. (a), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, 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. § 460ccc–5 (CONSERVATION)
§ 460ccc–5. Withdrawal; exchange of lands
(a) Except as specifically authorized in this subchapter, and subject to valid existing rights, all Federal lands within the conservation area and all lands and interests therein which are acquired by the United States after November 16, 1990, for inclusion in the conservation area are withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the mining laws, and from operation under the mineral leasing and geothermal leasing laws, and all amendments thereto.
(b) The Secretary may transfer to the owner of the Old Nevada recreation facility the approximately 20 acres of Federal lands within the conservation area which, on March 1, 1994, were used to provide parking for visitors to such facility, in exchange for lands of equal or greater value within the conservation area acceptable to the Secretary.
(Pub. L. 101–621, § 7, Nov. 16, 1990, 104 Stat. 3344; Pub. L. 103–450, § 2(b), Nov. 2, 1994, 108 Stat. 4766.)
heading: Amendments
text: 1994—Pub. L. 103–450 designated existing provisions as subsec. (a) and added subsec. (b).
16 U.S.C. § 460ccc–8 (CONSERVATION)
§ 460ccc–8. Water
(a) Reservation of rights
Within the conservation area designated by this subchapter, there is hereby reserved a quantity of water sufficient to fulfill the purposes for which the conservation area is established.
(b) Priority date of reservation
The priority date of the water rights reserved in paragraph 1 (a) shall be November 16, 1990, except that as related to rights associated with lands added to the conservation area after November 16, 1990, the priority date shall be the date of enactment of the Act adding such lands to the conservation area.
(c) Protection of rights
The Secretary shall take all steps necessary to protect the water rights reserved by this section, including the filing of a claim for quantification of such rights in any appropriate water adjudication in the courts of the State of Nevada in which the United States is or may be joined and which is conducted in accordance with section 666 of title 43.
(d) Effect on previously secured rights
The Federal water rights reserved by this subchapter shall be in addition to any water rights which may have been previously secured by the United States for purposes other than for the conservation area.
(e) Scope and construction of rights
The Federal water rights reserved by this subchapter are specific to the conservation area designated by this subchapter. Nothing in this subchapter shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation.
(Pub. L. 101–621, § 10, Nov. 16, 1990, 104 Stat. 3345; Pub. L. 103–450, § 2(c), Nov. 2, 1994, 108 Stat. 4766.)
heading: Amendments
text: 1994—Subsec. (b). Pub. L. 103–450 inserted before period at end “, except that as related to rights associated with lands added to the conservation area after November 16, 1990, the priority date shall be the date of enactment of the Act adding such lands to the conservation area”.
16 U.S.C. § 460eee (CONSERVATION)
§ 460eee. Establishment
(a) In general
In order to provide for public outdoor recreation use and enjoyment of the lands and waters associated with Lake Meredith in the State of Texas, and to protect the scenic, scientific, cultural, and other values contributing to the public enjoyment of such lands and waters, there is hereby established the Lake Meredith National Recreation Area (hereafter in this Act referred to as the “recreation area”).
(b) Area included
The recreation area shall consist of the lands, waters, and interests therein within the area generally depicted on the map entitled “Lake Meredith National Recreation Area Boundary Map, ‘Fee-Take Line’ ”, numbered SWRO—80,023–A, and dated September 1990. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior (hereafter in this Act referred to as the “Secretary”) may from time to time make minor revisions in the boundary of the recreation area.
(c) Transfer
(1) Except as provided in paragraph (2), the Federal lands, waters, and interests therein within the recreation area are hereby transferred to the National Park Service.
(2) Those lands depicted on the map referred to in subsection (b) of this section that are necessary for the continued operation, maintenance, and replacement of the Canadian River Project facilities and its purposes of providing for municipal and industrial water supply and flood control shall remain under the jurisdiction of the Bureau of Reclamation.
(Pub. L. 101–628, title V, § 502, Nov. 28, 1990, 104 Stat. 4492.)
heading: References in Text
text: This Act, referred to in subsecs. (a) and (b), is Pub. L. 101–628, Nov. 28, 1990, 104 Stat. 4469, which enacted this subchapter, subchapters CXV (§ 460ddd) and CXVII (§ 460fff et seq.) of this chapter, chapter 65 (§ 4601 et seq.) of this title, and sections 1a–9 to 1a–13 of this title, amended sections 410ee, 463, 1274, and 1276 of this title, enacted provisions set out as notes under sections 1a–5, 1132, and 1271 of this title and section 1522 of Title 43, Public Lands, and enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title. For complete classification of this Act to the Code, see Tables.
16 U.S.C. § 460fff (CONSERVATION)
§ 460fff. Establishment
(a) In order to—
(1) provide for public outdoor recreation use and enjoyment of the lands and waters associated with the United States portion of the reservoir known as Lake Amistad, located on the boundary between the State of Texas and Mexico, and
(2) protect the scenic, scientific, cultural, and other value contributing to the public enjoyment of such lands and waters,
there is hereby established the Amistad National Recreation Area (hereafter in this section and section 460fff–1 of this title referred to as the “recreation area”).
(b) The recreation area shall consist of the Federal lands, waters, and interests therein within the area generally depicted on the map entitled “Boundary Map, Proposed Amistad National Recreation Area”, numbered 621/20,013–B, and dated July 1969. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior (hereafter in this Act referred to as the “Secretary”) may from time to time make minor revisions in the boundary of the recreation area, but the total acreage of the recreation area may not exceed 58,500 acres. Within the boundary of the recreation area, the Secretary may acquire lands and interests in lands by purchase with donated or appropriated funds, exchange, or transfer without reimbursement from any Federal agency.
(Pub. L. 101–628, title V, § 505, Nov. 28, 1990, 104 Stat. 4494.)
heading: References in Text
text: This Act, referred to in subsec. (b), is Pub. L. 101–628, Nov. 28, 1990, 104 Stat. 4469, which enacted this subchapter, subchapters CXV (§ 460ddd) and CXVI (§ 460eee et seq.) of this chapter, chapter 65 (§ 4601 et seq.) of this title, and sections 1a–9 to 1a–13 of this title, amended sections 410ee, 463, 1274, and 1276 of this title, enacted provisions set out as notes under sections 1a–5, 1132, and 1271 of this title and section 1522 of Title 43, Public Lands, and enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title. For complete classification of this Act to the Code, see Tables.