dreamproit/uscode huggingface dataset:
16 U.S.C. § 460hhh–3 (CONSERVATION)
§ 460hhh–3. Management
(a) In general
The Secretary, acting through the Chief of the Forest Service, shall manage the Recreation Area in accordance with the laws, rules, and regulations pertaining to the National Forest System and this subchapter to provide for—
(1) the conservation of scenic, scientific, historic, cultural, and other values contributing to public enjoyment;
(2) the conservation of fish and wildlife populations and habitat, including the use of prescribed fire to improve or maintain habitat;
(3) the protection of watersheds and the maintenance of free flowing streams and the quality of ground and surface waters in accordance with applicable law;
(4) public outdoor recreation benefits, including, but not limited to, hunting, fishing, trapping, hiking, horseback riding, backpacking, rock climbing, camping, and nature study;
(5) wilderness areas as designated by Congress; and
(6) the management and use of natural resources in a manner compatible with the purposes for which the Recreation Area is established.
(b) Hunting, trapping, and fishing
(1) In general
Subject to paragraph (2), the Secretary shall permit hunting, trapping, fishing, and habitat management within the Recreation Area in accordance with the laws of the United States and the State of Nevada.
(2) Exceptions
The Secretary, in consultation with the Nevada Department of Wildlife, may designate zones where and periods when hunting, trapping, or fishing shall not be permitted for reasons of public safety, administration, or public use and enjoyment.
(c) Grazing
The grazing of livestock on Federal lands may be permitted to continue pursuant to Federal law and subject to such reasonable regulations, policies, and practices as the Secretary considers necessary.
(d) Preventive measures
Nothing in this subchapter shall preclude such reasonable measures as the Secretary considers necessary to protect the land and resources from fire or insect or disease infestation in the Recreation Area.
(Pub. L. 103–63, § 5, Aug. 4, 1993, 107 Stat. 298.)
16 U.S.C. § 460hhh–5 (CONSERVATION)
§ 460hhh–5. Acquisition of lands
(a) In general
The Secretary is authorized to acquire lands and interests therein within the boundaries of the Recreation Area by donation, purchase with donated or appropriated funds, exchange, or transfer from another Federal agency, except that such lands or interests owned by the State of Nevada or a political subdivision thereof may be acquired only by donation or exchange.
(b) Incorporation of acquired lands
Any lands, waters, or interests in lands or interests therein located within the Recreation Area that are acquired by the United States or administratively transferred to the Secretary after August 4, 1993, shall be incorporated into the Recreation Area and managed in accordance with the laws, rules, and regulations applicable to the National Forest System and the provisions of this subchapter.
(c) Land and Water Conservation Fund
For purposes of section 100506 of title 54, where such boundaries are established for units of the National Forest System, such established boundaries shall be treated as if they were the boundaries of the National Forests as of January 1, 1965. Money appropriated from the Land and Water Conservation Fund shall be available for the acquisition of lands and interests therein in furtherance of the purposes of this subchapter.
(Pub. L. 103–63, § 7, Aug. 4, 1993, 107 Stat. 300; Pub. L. 113–287, § 5(d)(3), Dec. 19, 2014, 128 Stat. 3264.)
heading: Editorial Notes
heading: Amendments
text: 2014—Subsec. (c). Pub. L. 113–287, which directed substitution of “section 100506 of title 54” for “section 460l–9 of this title” in section 7 of the Springs Mountain National Recreation Area Act, was executed to this section, which is section 7 of the Spring Mountains National Recreation Area Act, to reflect the probable intent of Congress.
16 U.S.C. § 460hhh–6 (CONSERVATION)
§ 460hhh–6. Withdrawal
(a) In general
Subject to valid existing rights and except as provided in subsection (b), all Federal lands within the Recreation Area are withdrawn from—
(1) all forms of entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation under the mineral leasing and geothermal leasing laws.
(b) Exceptions
(1) In general
Notwithstanding subsection (a), W½E½ and W½ sec. 27, T. 23 S., R. 58 E., Mt. Diablo Meridian is not subject to withdrawal under that subsection.
(2) Effect of entry under public land laws
Notwithstanding paragraph (1) of subsection (a), the following are not subject to withdrawal under that paragraph:
(A) Any Federal land in the Recreation Area that qualifies for conveyance under Public Law 97–465 (commonly known as the “Small Tracts Act”) (16 U.S.C. 521c et seq.), which, notwithstanding section 7 of that Act (16 U.S.C. 521i), may be conveyed under that Act.
(B) Any Federal land in the Recreation Area that the Secretary determines to be appropriate for conveyance by exchange for non-Federal land within the Recreation Area under authorities generally providing for the exchange of National Forest System land.
(Pub. L. 103–63, § 8, Aug. 4, 1993, 107 Stat. 300; Pub. L. 113–291, div. B, title XXX, § 3092(f), Dec. 19, 2014, 128 Stat. 3872.)
heading: Editorial Notes
heading: References in Text
text: Public Law 97–465 (commonly known as the “Small Tracts Act”), referred to in subsec. (b)(2)(A), is Pub. L. 97–465, Jan. 12, 1983, 96 Stat. 2535, which enacted sections 521c to 521i of this title and amended section 484a of this title. For complete classification of this Act to the Code, see Tables.
heading: Amendments
text: 2014—Subsec. (a). Pub. L. 113–291, § 3092(f)(1), substituted “as provided” for “for lands described” in introductory provisions.
Subsec. (b). Pub. L. 113–291, § 3092(f)(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The lands referred to in subsection (a) of this section are described as follows:
“W½E½ and W½, Sec. 27, T23S, R58E, Mt. Diablo Meridian.”
16 U.S.C. § 460hhh–7 (CONSERVATION)
§ 460hhh–7. Cooperative agreements
In order to encourage unified and cost-effective management and interpretation of natural and cultural resources in southern Nevada, the Secretary may enter into cooperative agreements with other Federal, State, and local agencies, and with nonprofit entities, that provide for the management and interpretation of natural and cultural resources.
(Pub. L. 103–63, § 9, Aug. 4, 1993, 107 Stat. 300.)
16 U.S.C. § 460iii–1 (CONSERVATION)
§ 460iii–1. Definitions
As used in this subchapter:
(1) The term “Secretary” means the Secretary of the Interior.
(2) The term “conservation area” means the Morley Nelson Snake River Birds of Prey National Conservation Area established by section 460iii–2 of this title.
(3) The term “raptor” or “raptors” means individuals or populations of eagles, falcons, owls, hawks, and other birds of prey.
(4) The term “raptor habitat” includes the habitat of the raptor prey base as well as the nesting and hunting habitat of raptors within the conservation area.
(5) The term “Memorandum of Understanding” means the Memorandum of Understanding #ID–237, dated May 1985, between the State of Idaho Military Division and the Bureau of Land Management.
(6) The term “Orchard Training Area” means that area generally so depicted on the map referred to in section 460iii–2(b) of this title, and as described in the Memorandum of Understanding as well as the air space over the same.
(7) The term “Impact Area” means that area which was used for the firing of live artillery projectiles and is used for live fire ranges of all types and, therefore, poses a danger to public safety and which is generally so depicted on the map referred to in section 460iii–2(b) of this title.
(8) The term “Artillery Impact Area” means that area within the Impact Area into which live projectiles are fired, which is generally described as that area labeled as such on the map referred to in section 460iii–2(b) of this title.
(9) The term “the plan” means the comprehensive management plan developed for the conservation area, dated August 30, 1985, together with such revisions thereto as may be required in order to implement this subchapter.
(10) The term “hydroelectric facilities” means all facilities related to the generation, transmission, and distribution of hydroelectric power and which are subject to, and authorized by, a license(s), and any and all amendments thereto, issued by the Federal Energy Regulatory Commission.
(Pub. L. 103–64, § 2, Aug. 4, 1993, 107 Stat. 304; Pub. L. 111–11, title II, § 2301(a)(1), Mar. 30, 2009, 123 Stat. 1101.)
heading: Editorial Notes
heading: Amendments
text: 2009—Par. (2). Pub. L. 111–11 inserted “Morley Nelson” before “Snake River Birds of Prey National Conservation Area”.
16 U.S.C. § 460jjj (CONSERVATION)
§ 460jjj. Establishment
(a) In general
In order to conserve, protect, and restore the recreational, ecological, cultural, religious, and wildlife resource values of the Jemez Mountains, there is hereby established the Jemez National Recreational Area (hereinafter in this subchapter referred to as the “recreation area”), to be administered by the Secretary of Agriculture (hereinafter in this subchapter referred to as the “Secretary”).
(b) Area included
The recreation area shall be comprised of approximately 57,000 acres of lands and interests in lands within the Santa Fe National Forest as generally depicted on the map entitled “Jemez National Recreation Area—Proposed” and dated September 1992. The map shall be on file and available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture, Washington, District of Columbia. The Secretary may from time to time, in consultation with local tribal leaders, make minor revisions in the boundary of the recreation area to promote management effectiveness and efficiency in furtherance of the purposes of this subchapter.
(c) Map and description
As soon as practicable after October 12, 1993, the Secretary shall file a map and legal description of the recreation area with the Committee on Natural Resources of the House of Representatives and with the Committee on Energy and Natural Resources and the Committee on Indian Affairs of the Senate. Such map and legal description shall have the same force and effect as if included in this subchapter, except that correction of clerical and typographical errors in such legal description and map may be made. Such map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture.
(d) No additional lands
No lands or interests therein outside of the boundaries of the recreation area may be added to the recreation area without specific authorization by Congress.
(Pub. L. 103–104, § 1, Oct. 12, 1993, 107 Stat. 1025; Pub. L. 103–437, § 6(q), Nov. 2, 1994, 108 Stat. 4587.)
heading: Editorial Notes
heading: Amendments
text: 1994—Subsec. (c). Pub. L. 103–437 in first sentence struck out “Select” before “Committee on Indian Affairs”.
16 U.S.C. § 460jjj–2 (CONSERVATION)
§ 460jjj–2. Minerals and mining
(a) Limitation on patent issuance
(1) Notwithstanding any other provision of law, no patents shall be issued after May 30, 1991, for any location or claim made in the recreation area under the mining laws of the United States.
(2) Notwithstanding any statute of limitations or similar restriction otherwise applicable, any party claiming to have been deprived of any property right by enactment of paragraph (1) may file in the United States Claims Court 1 a claim against the United States within 1 year after October 12, 1993, seeking compensation for such property right. The United States Claims Court 1 shall have jurisdiction to render judgment upon any such claim in accordance with section 1491 of title 28.
(b) Withdrawal
Subject to valid existing rights, after October 12, 1993, lands within the recreation area withdrawn from location under the general mining laws and from the operation of the mineral leasing, geothermal leasing, and mineral material disposal laws.
(c) Reclamation
No mining activity involving any surface disturbance of lands or waters within such area, including disturbance through subsidence, shall be permitted except in accordance with requirements imposed by the Secretary, including requirements for reasonable reclamation of disturbed lands to a visual and hydrological condition as close as practical to their premining condition.
(d) Mining claim validity review
The Secretary of Agriculture shall undertake and complete within 3 years after October 12, 1993, an expedited program to examine all unpatented mining claims, including those for which a patent application has been filed, within the recreation area. Upon determination by the Secretary of Agriculture that the elements of a contest are present, the Secretary of the Interior shall immediately determine the validity of such claims. If a claim is determined to be invalid, the Secretary shall promptly declare the claim to be null and void.
(e) Public purposes
The Secretary may utilize mineral materials from within the recreation area for public purposes such as maintenance and construction of roads, trails, and facilities as long as such use is compatible with the purposes of the recreation area.
(Pub. L. 103–104, § 3, Oct. 12, 1993, 107 Stat. 1028.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: References to United States Claims Court deemed to refer to United States Court of Federal Claims, see section 902(b) of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
16 U.S.C. § 460jjj–3 (CONSERVATION)
§ 460jjj–3. Adjoining lands
The Secretary may evaluate lands adjoining the recreation area for possible inclusion in the recreation area and make recommendations to Congress, including (but not limited to) that area authorized for study by section 5 of Public Law 101–556 (104 Stat. 2764), known as the Baca Location Number 1. The Secretary, in consultation with local tribal leaders and the National Park Service, shall, no later than 2 years after October 12, 1993, submit recommendations with respect to future boundaries for the recreation area.
(Pub. L. 103–104, § 4, Oct. 12, 1993, 107 Stat. 1028.)
heading: Editorial Notes
heading: References in Text
text: Public Law 101–556, referred to in text, is not classified to the Code.
16 U.S.C. § 460jjj–4 (CONSERVATION)
§ 460jjj–4. Acquisition of land
(a) State land
Land and interests in land within the boundaries of the recreation area that are owned by the State of New Mexico, or a political subdivision of New Mexico, may be acquired only by donation or exchange.
(b) Offers to sell
(1) In general
Subject to paragraph (2), the Secretary may acquire land and interests in land within the boundaries of the recreation area by donation, purchase with donated or appropriated funds, or exchange.
(2) Limitation
The Secretary may not acquire lands within the recreation area without the consent of the owner thereof unless the Secretary has determined that such lands will be put to a use different from their use as of October 12, 1993, and that such new use would be incompatible with the protection of the natural and cultural resources of the recreation area.
(Pub. L. 103–104, § 5, Oct. 12, 1993, 107 Stat. 1029.)
16 U.S.C. § 460lll–1 (CONSERVATION)
§ 460lll–1. Purposes
The purposes of this subchapter are—
(1) to transfer without consideration administrative jurisdiction over the Recreation Area from the Tennessee Valley Authority to the Secretary so that the Recreation Area may be managed as a unit of the National Forest System;
(2) to protect and manage the resources of the Recreation Area for optimum yield of outdoor recreation and environmental education through multiple use management by the Forest Service;
(3) to authorize, research, test, and demonstrate innovative programs and cost-effective management of the Recreation Area;
(4) to authorize the Secretary to cooperate between and among the States, Federal agencies, private organizations, and corporations, and individuals, as appropriate, in the management of the Recreation Area and to help stimulate the development of the surrounding region and extend the beneficial results as widely as practicable; and
(5) to provide for the smooth and equitable transfer of jurisdiction from the Tennessee Valley Authority to the Secretary.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 503], Oct. 21, 1998, 112 Stat. 2681–231, 2681–311.)
16 U.S.C. § 460lll–11 (CONSERVATION)
§ 460lll–11. Establishment
(a) In general
On the transfer of administrative jurisdiction under section 460lll–41 of this title, the Land Between the Lakes National Recreation Area in the States of Kentucky and Tennessee is established as a unit of the National Forest System.
(b) Management
(1) In general
The Secretary shall manage the Recreation Area for multiple use as a unit of the National Forest System.
(2) Emphases
The emphases in the management of the Recreation Area shall be—
(A) to provide public recreational opportunities;
(B) to conserve fish and wildlife and their habitat; and
(C) to provide for diversity of native and desirable non-native plants, animals, opportunities for hunting and fishing, and environmental education.
(3) Status of unit
The Secretary shall administer the Recreation Area as a separate unit of the National Forest System.
(c) Area included
(1) In general
The Recreation Area shall comprise the federally owned land, water, and interests in the land and water lying between Kentucky Lake and Lake Barkley in the States of Kentucky and Tennessee, as generally depicted on the map entitled “Land Between the Lakes National Recreation Area—January, 1998”.
(2) Map
The map described in paragraph (1) shall be available for public inspection in the Office of the Chief of the Forest Service, Washington, D.C.
(d) Waters
(1) Water levels and navigation
Nothing in this subchapter affects the jurisdiction of the Tennessee Valley Authority or the Army Corps of Engineers to manage and regulate water levels and navigation of Kentucky Lake and Lake Barkley and areas subject to flood easements.
(2) Occupancy and use
Subject to the jurisdiction of the Tennessee Valley Authority and the Army Corps of Engineers, the Secretary shall have jurisdiction to regulate the occupancy and use of the surface waters of the lakes for recreational purposes.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 511], Oct. 21, 1998, 112 Stat. 2681–231, 2681–312; Pub. L. 117–328, div. DD, title II, § 201(b), Dec. 29, 2022, 136 Stat. 5582.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (b)(3). Pub. L. 117–328 added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “The Secretary may administer the Recreation Area as a separate unit of the National Forest System or in conjunction with an existing national forest.”
16 U.S.C. § 460lll–12 (CONSERVATION)
§ 460lll–12. Civil and criminal jurisdiction
(a) Administration
The Secretary, acting through the Chief of the Forest Service, shall administer the Recreation Area in accordance with this subchapter and the laws, rules, and regulations pertaining to the National Forest System.
(b) Status
Land within the Recreation Area shall have the status of land acquired under the Act of March 1, 1911 (commonly known as the “Weeks Act”) (16 U.S.C. 515 et seq.).
(c) Law enforcement
In order to provide for a cost-effective transfer of the law enforcement responsibilities between the Forest Service and the Tennessee Valley Authority, the law enforcement authorities designated under section 831c–3 of this title are hereby granted to special agents and law enforcement officers of the Forest Service. The law enforcement authorities designated under section 551 of this title, section 559 of this title, the National Forest System Drug Control Act of 1986 (16 U.S.C. 559b–559g) are hereby granted to law enforcement agents of the Tennessee Valley Authority, within the boundaries of the Recreation Area, for a period of 1 year from October 21, 1998.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 512], Oct. 21, 1998, 112 Stat. 2681–231, 2681–313.)
heading: Editorial Notes
heading: References in Text
text: Act of March 1, 1911, referred to in subsec. (b), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted former sections 513 and 514 and sections 515 to 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables.
The National Forest System Drug Control Act of 1986, referred to in subsec. (c), is title XV of Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207–191, which enacted sections 559b to 559g of this title, amended section 841 of Title 21, Food and Drugs, and enacted provisions set out as a note under section 559b of this title. For complete classification of title XV to the Code, see Short Title note set out under section 559b of this title and Tables.
16 U.S.C. § 460lll–13 (CONSERVATION)
§ 460lll–13. Payments to States and counties
(a) Payments in lieu of taxes
Land within the Recreation Area shall be subject to the provisions for payments in lieu of taxes under chapter 69 of title 31.
(b) Distribution
All amounts received from charges, use fees, and natural resource utilization, including timber and agricultural receipts, shall not be subject to distribution to States under section 500 of this title.
(c) Payments by the Tennessee Valley Authority
After the transfer of administrative jurisdiction is made under section 460lll–41 of this title—
(1) the Tennessee Valley Authority shall continue to calculate the amount of payments to be made to States and counties under section 831l of this title; and
(2) each State (including, for the purposes of this subsection, the State of Kentucky, the State of Tennessee, and any other State) that receives a payment under that section shall continue to calculate the amounts to be distributed to the State and local governments, as though the transfer had not been made.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 513], Oct. 21, 1998, 112 Stat. 2681–231, 2681–313.)
16 U.S.C. § 460lll–14 (CONSERVATION)
§ 460lll–14. Forest highways
(a) In general
For purposes of section 204 1 of title 23, the road known as “The Trace” and every other paved road within the Recreation Area (including any road constructed to secondary standards) shall be considered to be a forest highway.
(b) State responsibility
(1) In general
The States shall be responsible for the maintenance of forest highways within the Recreation Area.
(2) Reimbursement
To the maximum extent provided by law, from funds appropriated to the Department of Transportation and available for purposes of highway construction and maintenance, the Secretary of Transportation shall reimburse the States for all or a portion of the costs of maintenance of forest highways in the Recreation Area.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 514], Oct. 21, 1998, 112 Stat. 2681–231, 2681–313.)
heading: Editorial Notes
heading: References in Text
text: Section 204 of title 23, referred to in subsec. (a), was repealed and a new section 204 enacted by Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473, 489.