dreamproit/uscode huggingface dataset:
16 U.S.C. § 460l–34 (CONSERVATION)
§ 460l–34. Protection of authorized purposes of reclamation projects
(a) Nothing in this part shall be construed to change, modify, or expand the authorized purposes of any Reclamation project.
(b) The expansion or modification of a recreational facility constructed under this part shall not increase the capital repayment responsibilities or operation and maintenance expenses of the beneficiaries of authorized purposes of the associated Reclamation project. The term “beneficiaries” does not include those entities who sign agreements or enter into contracts for recreation facilities pursuant to the Federal Water Project Recreation Act [16 U.S.C. 460l–12 et seq.].
(Pub. L. 102–575, title XXVIII, § 2806, Oct. 30, 1992, 106 Stat. 4693.)
heading: References in Text
text: This part, referred to in text, was in the original “this title”, meaning title XXVIII of Pub. L. 102–575, Oct. 30, 1992, 106 Stat. 4690, which enacted sections 460l–31 to 460l–34 of this title and amended sections 460l–13 to 460l–15 and 460l–18 of this title.
The Federal Water Project Recreation Act, referred to in subsec. (b), is Pub. L. 89–72, July 9, 1965, 79 Stat. 213, as amended, which is classified principally to part C (§ 460l–12 et seq.) of this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 460l–12 of this title and Tables.
16 U.S.C. § 460m–1 (CONSERVATION)
§ 460m–1. Acquisition of lands, easements, etc.; exchange of lands; consent of State; reversion to State; administrative jurisdiction of Federal lands or waters
The Secretary may, within the area designated or altered pursuant to section 460m–3 of this title, acquire lands and interests therein, including scenic easements, by such means as he may deem to be in the public interest: Provided, That scenic easements may only be acquired with the consent of the owner of the lands or waters thereof: And provided further, That any parcel of land containing not more than five hundred acres, which borders either the Current River or the Jacks Fork River, and which is being primarily used for agricultural purposes, shall be acquired by the Secretary in its entirety unless the owner of any such parcel consents to the acquisition of a part thereof. Property so acquired which lies outside the boundary generally depicted on the map referred to in section 460m of this title may be exchanged by the Secretary for any land of approximately equal value within the boundaries. Lands and waters owned by the State of Missouri within such area may be acquired with the consent of the State and, notwithstanding any other provision of law, subject to provision for reversion to such State conditioned upon continued use of the property for National Scenic Riverway. Federally owned lands or water lying within such area shall, upon establishment of the area pursuant to section 460m–3 of this title, be transferred to the administrative jurisdiction of the Secretary, without transfer of funds, for administration as part of the Ozark National Scenic Riverways.
(Pub. L. 88–492, § 2, Aug. 27, 1964, 78 Stat. 608; Pub. L. 92–272, title IV, § 401, Apr. 11, 1972, 86 Stat. 122.)
heading: Amendments
text: 1972—Pub. L. 92–272 substituted provisions authorizing lands and waters owned by the State of Missouri to be acquired with the consent of the State, subject to reversion to such State conditioned upon the continued use of the property for the National Scenic Riverway, for provisions authorizing lands and waters owned by the State of Missouri to be acquired only with the consent of the State.
16 U.S.C. § 460m–5 (CONSERVATION)
§ 460m–5. Administration
The Ozark National Scenic Riverways shall be administered in accordance with the provisions of sections 1, 2, 3, and 4 of this title, as amended and supplemented, and in accordance with other laws of general application relating to the areas administered and supervised by the Secretary through the National Park Service; except that authority otherwise available to the Secretary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of this subchapter.
(Pub. L. 88–492, § 6, Aug. 27, 1964, 78 Stat. 609.)
16 U.S.C. § 460m–6 (CONSERVATION)
§ 460m–6. Free-roaming horses
(a) In general
The Secretary, in accordance with this section, shall allow free-roaming horses in the Ozark National Scenic Riverways. Within 180 days after November 12, 1996, the Secretary shall enter into an agreement with the Missouri Wild Horse League or another qualified nonprofit entity to provide for management of free-roaming horses. The agreement shall provide for cost-effective management of the horses and limit Federal expenditures to the costs of monitoring the agreement. The Secretary shall issue permits for adequate pastures to accommodate the historic population level of the free-roaming horse herd, which shall be not less than the number of horses in existence on November 12, 1996, nor more than 50.
(b) Removal of horses
The Secretary may not remove, or assist in, or permit the removal of any free-roaming horses from Federal lands within the boundary of the Ozark National Scenic Riverways unless—
(1) the entity with whom the Secretary has entered into the agreement under subsection (a) of this section, following notice and a 90-day response period, substantially fails to meet the terms and conditions of the agreement;
(2) the number of free-roaming horses exceeds 50; or
(3) in the case of an emergency or to protect public health and safety, as defined in the agreement.
(c) Construction; liability of United States
Nothing in this section shall be construed as creating liability for the United States for any damages caused by the free-roaming horses to property located inside or outside the boundaries of the Ozark National Scenic Riverways.
(Pub. L. 88–492, § 7, Aug. 27, 1964, 78 Stat. 609; Pub. L. 104–333, div. I, title VIII, § 803(b), Nov. 12, 1996, 110 Stat. 4186.)
heading: Codification
text: November 12, 1996, referred to in subsec. (a), was in the original “enactment of this section” and “the date of the enactment of this section”, respectively, which were translated as meaning the date of enactment of Pub. L. 104–333, which amended this section generally, to reflect the probable intent of Congress.
heading: Amendments
text: 1996—Pub. L. 104–333 amended section generally, substituting provisions relating to free-roaming horses for provisions relating to Ozark National Scenic Riverways Commission.
16 U.S.C. § 460m–7 (CONSERVATION)
§ 460m–7. Authorization of appropriations
There are hereby authorized to be appropriated such sums (but not more than $10,804,000 for the acquisition of lands or interests in lands) as are necessary to carry out the purposes of this subchapter.
(Pub. L. 88–492, § 8, Aug. 27, 1964, 78 Stat. 610; Pub. L. 92–272, title I, § 101(7), Apr. 11, 1972, 86 Stat. 120.)
heading: Amendments
text: 1972—Pub. L. 92–272 increased maximum amount authorized to be appropriated for acquisition of lands or interests in lands from not more than $7,000,000 to not more than $10,804,000.
16 U.S.C. § 460m–8 (CONSERVATION)
§ 460m–8. Establishment
For the purposes of conserving and interpreting an area containing unique scenic and scientific features, and preserving as a free-flowing stream an important segment of the Buffalo River in Arkansas for the benefit and enjoyment of present and future generations, the Secretary of the Interior (hereinafter referred to as the “Secretary”) may establish and administer the Buffalo National River. The boundaries of the national river shall be as generally depicted on the drawing entitled “Proposed Buffalo National River” numbered NR–BUF–7103 and dated December 1967, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary is authorized to make minor revisions of the boundaries of the national river when necessary, after advising the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate in writing, but the total acreage within such boundaries shall not exceed ninety-five thousand seven hundred and thirty acres.
(Pub. L. 92–237, § 1, Mar. 1, 1972, 86 Stat. 44; Pub. L. 103–437, § 6(n)(1), Nov. 2, 1994, 108 Stat. 4586.)
heading: Amendments
text: 1994—Pub. L. 103–437 substituted “Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate” for “Committees on Interior and Insular Affairs of the United States House of Representatives and the United States Senate”.
16 U.S.C. § 460m–11 (CONSERVATION)
§ 460m–11. Water resource projects
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 Buffalo National River 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 is 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 Buffalo National River or on any stream tributary thereto which will not invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the area on March 1, 1972. 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 is established, as determined by the Secretary, nor shall such department or agency request appropriations to begin construction on any such project, whether heretofore or hereafter authorized, without, at least sixty days in advance, (i) advising the Secretary, in writing, of its intention so to do and (ii) reporting to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, respectively, the nature of the project involved and the manner in which such project would conflict with the purposes of this subchapter or would affect the national river and the values to be protected by it under this subchapter.
(Pub. L. 92–237, § 4, Mar. 1, 1972, 86 Stat. 45; Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L. 103–437, § 6(n)(1), Nov. 2, 1994, 108 Stat. 4586.)
heading: References in Text
text: The Federal Power Act, referred to in text, is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, 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: Amendments
text: 1994—Pub. L. 103–437 substituted “Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate” for “Committees on Interior and Insular Affairs of the United States House of Representatives and the United States Senate”.
heading: Transfer of Functions
text: “Federal Energy Regulatory Commission” substituted for “Federal Power Commission” in text pursuant to Pub. L. 95–91, § 402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare.
Federal Power Commission terminated and functions, personnel, property, funds, etc., transferred to Secretary of Energy (except for certain functions transferred to Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
16 U.S.C. § 460m–12 (CONSERVATION)
§ 460m–12. Administration, protection, and development
The Secretary shall administer, protect, and develop the Buffalo National River in accordance with the provisions of sections 1, 2, 3, and 4 of this title, as amended and supplemented; except that any other statutory authority available to the Secretary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of this subchapter.
(Pub. L. 92–237, § 5, Mar. 1, 1972, 86 Stat. 45.)
16 U.S.C. § 460m–14 (CONSERVATION)
§ 460m–14. Authorization of appropriations
For the acquisition of lands and interests in lands, there are authorized to be appropriated not more than $39,948,000. For development of the national river, there are authorized to be appropriated not to exceed $9,371,000.
(Pub. L. 92–237, § 7, Mar. 1, 1972, 86 Stat. 46; Pub. L. 94–578, title I, § 101(3), title III, § 310, Oct. 21, 1976, 90 Stat. 2732, 2736; Pub. L. 95–625, title II, § 201(2), Nov. 10, 1978, 92 Stat. 3473.)
heading: Amendments
text: 1978—Pub. L. 95–625 increased land acquisition appropriations authorization to $39,948,000 from $30,071,500.
1976—Pub. L. 94–578 substituted “$30,071,500” for “$16,115,000” in provision covering the acquisition of lands and interests in lands and substituted “For development of the national river, there are authorized to be appropriated not to exceed $9,371,000” for “For development of the national river, there are authorized to be appropriated not more than $283,000 in fiscal year 1974; $2,923,000 in fiscal year 1975; $3,643,000 in fiscal year 1976; $1,262,000 in fiscal year 1977; and $1,260,000 in fiscal year 1978. The sums appropriated each year shall remain available until expended”.
16 U.S.C. § 460m–17 (CONSERVATION)
§ 460m–17. Lands and areas plan; submission to Congressional committees
Within two years from November 10, 1978, the Secretary shall submit, in writing, to the House Committee on Interior and Insular Affairs, the Senate Committee on Energy and Natural Resources and the Committees on Appropriations of the United States Congress, a detailed plan which shall indicate—
(i) the lands and areas which he deems essential to the protection and public enjoyment of the natural, scenic, and historic values and objects of this national river;
(ii) the lands which he has previously acquired by purchase, donation, exchange, or transfer for the purpose of this national river;
(iii) the annual acquisition program (including the level of funding) which he recommends for the ensuing four fiscal years; and
(iv) the feasibility and suitability of including within the boundaries of the national river, the section of the New River from Fayetteville to Gauley Bridge, and reasons therefor.
(Pub. L. 95–625, title XI, § 1103, Nov. 10, 1978, 92 Stat. 3546.)
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. § 460m–18 (CONSERVATION)
§ 460m–18. Zoning laws and ordinances; establishment; assistance; restrictions; variances
The Secretary shall on his own initiative, or at the request of any local government having jurisdiction over land located in or adjacent to the Gorge area, assist and consult with the appropriate officials and employees of such local government in establishing zoning laws or ordinances which will assist in achieving the purposes of this subchapter. In providing assistance pursuant to this section, the Secretary shall endeavor to obtain provisions in such zoning laws or ordinances which—
(1) have the effect of restricting incompatible commercial and industrial use of all real property in or adjacent to the Gorge area;
(2) aid in preserving the character of the Gorge area by appropriate restrictions on the use of real property in the vicinity, including, but not limited to, restrictions upon building and construction of all types; signs and billboards; the burning of cover; cutting of timber; removal of topsoil, sand, or gravel; dumping, storage, or piling of refuse; or any other use which would detract from the esthetic character of the Gorge area; and
(3) have the effect of providing that the Secretary shall receive advance notice of any hearing for the purpose of granting a variance and any variance granted under, and of any exception made to, the application of such law or ordinance.
(Pub. L. 95–625, title XI, § 1104, Nov. 10, 1978, 92 Stat. 3546.)
16 U.S.C. § 460m–19 (CONSERVATION)
§ 460m–19. 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.)
16 U.S.C. § 460m–20 (CONSERVATION)
§ 460m–20. Hunting and fishing zones; designation; rules and regulations, consultation
The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the boundaries of the New River Gorge National River in accordance with applicable Federal and State laws, and he may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any rules and regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State agency responsible for hunting and fishing activities. The Secretary shall permit the State of West Virginia to undertake fish stocking activities carried out by the State, in consultation with the Secretary, on waters within the boundaries of the national river. Nothing in this Act shall be construed as affecting the jurisdiction of the State of West Virginia with respect to fish and wildlife.
(Pub. L. 95–625, title XI, § 1106, Nov. 10, 1978, 92 Stat. 3547; Pub. L. 104–333, div. I, title IV, § 406(a)(2), Nov. 12, 1996, 110 Stat. 4149; Pub. L. 111–11, title VII, § 7115, Mar. 30, 2009, 123 Stat. 1202.)
heading: References in Text
text: This Act, referred to in text, is Pub. L. 95–625, Nov. 10, 1978, 92 Stat. 3467, known as the National Parks and Recreation Act of 1978. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 1 of this title and Tables.
heading: Amendments
text: 2009—Pub. L. 111–11, which directed substitution of “shall” for “may” in first sentence, was executed by substituting “shall” for “may” the first time appearing, which was preceding “permit hunting and fishing”.
1996—Pub. L. 104–333 inserted at end “The Secretary shall permit the State of West Virginia to undertake fish stocking activities carried out by the State, in consultation with the Secretary, on waters within the boundaries of the national river. Nothing in this Act shall be construed as affecting the jurisdiction of the State of West Virginia with respect to fish and wildlife.”
heading: Regulations
text: Pub. L. 108–108, title I, § 150, Nov. 10, 2003, 117 Stat. 1281, provided that: “The National Park Service shall issue a special regulation concerning continued hunting at New River Gorge National River in compliance with the requirements of the Administrative Procedures [Procedure] Act [see Short Title note preceding section 551 of Title 5, Government Organization and Employees], with opportunity for public comment, and shall also comply with the National Environmental Policy Act [of 1969] [42 U.S.C. 4321 et seq.] as appropriate. Notwithstanding any other provision of law, the September 25, 2003 interim final rule authorizing continued hunting at New River Gorge National River shall be in effect until the final special regulation supercedes it.”
16 U.S.C. § 460m–21 (CONSERVATION)
§ 460m–21. 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, 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 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 1 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: 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, as amended, 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.