dreamproit/uscode huggingface dataset:
16 U.S.C. § 410aaa–76 (CONSERVATION)
§ 410aaa–76. Federal reserved water rights
(a) Reservation of sufficient water
Except as otherwise provided in section 204 of this Act, with respect to each wilderness area designated by this Act, Congress hereby reserves a quantity of water sufficient to fulfill the purposes of this Act. The priority date of such reserved water rights shall be October 31, 1994.
(b) Protection of rights reserved
The Secretary and all other officers of the United States shall take all steps necessary to protect the rights reserved by this section, including the filing by the Secretary of a claim for the quantification of such rights in any present or future appropriate stream adjudication in the courts of the State of California in which the United States is or may be joined in accordance with section 666 of title 43.
(c) Relinquishment or reduction of rights
Nothing in this Act shall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of California on or before October 31, 1994.
(d) Specific reservation
The Federal water rights reserved by this Act are specific to the wilderness area located in the State of California designated under this Act. Nothing in this Act related to the reserved Federal water rights 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 made thereto.
(Pub. L. 103–433, title VII, § 706, Oct. 31, 1994, 108 Stat. 4498.)
heading: Editorial Notes
heading: References in Text
text: Section 204 of this Act, referred to in subsec. (a), is section 204 of Pub. L. 103–433, title II, Oct. 31, 1994, 108 Stat. 4485, which is not classified to the Code.
This Act, referred to in subsecs. (a), (c), and (d), is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title.
16 U.S.C. § 410aaa–78 (CONSERVATION)
§ 410aaa–78. Access to private property
The Secretary shall provide adequate access to nonfederally owned land or interests in land within the boundaries of the conservation units and wilderness areas designated by this Act which will provide the owner of such land or interest the reasonable use and enjoyment thereof.
(Pub. L. 103–433, title VII, § 708, Oct. 31, 1994, 108 Stat. 4500.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title.
16 U.S.C. § 410aaa–79 (CONSERVATION)
§ 410aaa–79. Federal facilities fee equity
(a) Policy statement
It is the intent of Congress that entrance, tourism or recreational use fees for use of Federal lands and facilities not discriminate against any State or any region of the country.
(b) Fee study
The Secretary, in cooperation with other affected agencies, shall prepare and submit a report by May 1, 1996 to the Committee on Energy and Natural Resources of the United States Senate, the Committee on Natural Resources of the United States House of Representatives, and any other relevant committees, which shall—
(1) identify all Federal lands and facilities that provide recreational or tourism use; and
(2) analyze by State and region any fees charged for entrance, recreational or tourism use, if any, on Federal lands or facilities in a State or region, individually and collectively.
(c) Recommendations
Following completion of the report in subsection (b), the Secretary, in cooperation with other affected agencies, shall prepare and submit a report by May 1, 1997 to the Committee on Energy and Natural Resources of the United States Senate, the Committee on Natural Resources of the United States House of Representatives, and any other relevant committees, which shall contain recommendations which the Secretary deems appropriate for implementing the congressional intent outlined in subsection (a).
(Pub. L. 103–433, title VII, § 709, Oct. 31, 1994, 108 Stat. 4500.)
16 U.S.C. § 410aaa–80 (CONSERVATION)
§ 410aaa–80. Land appraisal
Lands and interests in lands acquired pursuant to this Act shall be appraised without regard to the presence of a species listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(Pub. L. 103–433, title VII, § 710, Oct. 31, 1994, 108 Stat. 4501.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title.
The Endangered Species Act of 1973, referred to in text, is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
16 U.S.C. § 410aaa–81 (CONSERVATION)
§ 410aaa–81. Juniper Flats
Development of renewable energy generation facilities (excluding rights-of-way or facilities for the transmission of energy and telecommunication facilities and infrastructure) is prohibited on the approximately 27,990 acres of Federal land generally depicted as “BLM Land Unavailable for Energy Development” on the map entitled “Juniper Flats” and dated November 7, 2018.
(Pub. L. 103–433, title VII, § 711, as added Pub. L. 116–9, title I, § 1459, Mar. 12, 2019, 133 Stat. 718.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 410aaa–81, Pub. L. 103–433, title VII, § 711, Oct. 31, 1994, 108 Stat. 4501, which defined the term “this Act” for purposes of titles I through IX of Pub. L. 103–433, was repealed by Pub. L. 116–9, title I, § 1459, Mar. 12, 2019, 133 Stat. 718. See section 3 of Pub. L. 103–433, set out as a Definitions note under section 410aaa of this title.
16 U.S.C. § 410aaa–81a (CONSERVATION)
§ 410aaa–81a. Transfer of land to Anza-Borrego Desert State Park
(a) In general
On termination of all mining claims to the land described in subsection (b), the Secretary shall transfer the land described in that subsection to the State of California.
(b) Description of land
The land referred to in subsection (a) is certain Bureau of Land Management land in San Diego County, California, comprising approximately 934 acres, as generally depicted on the map entitled “Proposed Table Mountain Wilderness Study Area Transfer to the State” and dated November 7, 2018.
(c) Management
(1) In general
The land transferred under subsection (a) shall be managed in accordance with the provisions of the California Wilderness Act (California Public Resources Code sections 5093.30–5093.40).
(2) Withdrawal
Subject to valid existing rights, the land transferred under subsection (a) is withdrawn from—
(A) all forms of entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and geothermal leasing.
(3) Reversion
If the State ceases to manage the land transferred under subsection (a) as part of the State Park System or in a manner inconsistent with the California Wilderness Act (California Public Resources Code sections 5093.30–5093.40), the land shall revert to the Secretary at the discretion of the Secretary, to be managed as a Wilderness Study Area.
(Pub. L. 103–433, title VII, § 712, as added Pub. L. 116–9, title I, § 1451, Mar. 12, 2019, 133 Stat. 710.)
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Section 103 of Pub. L. 103–433 provided in part that in this subchapter “Secretary” means the Secretary of the Interior.
16 U.S.C. § 410aaa–81b (CONSERVATION)
§ 410aaa–81b. Wildlife corridors
(a) In general
The Secretary shall—
(1) assess the impacts of habitat fragmentation on wildlife in the California Desert Conservation Area; and
(2) establish policies and procedures to ensure the preservation of wildlife corridors and facilitate species migration.
(b) Study
(1) In general
As soon as practicable, but not later than 2 years, after March 12, 2019, the Secretary shall complete a study regarding the impact of habitat fragmentation on wildlife in the California Desert Conservation Area.
(2) Components
The study under paragraph (1) shall—
(A) identify the species migrating, or likely to migrate 1 in the California Desert Conservation Area;
(B) examine the impacts and potential impacts of habitat fragmentation on—
(i) plants, insects, and animals;
(ii) soil;
(iii) air quality;
(iv) water quality and quantity; and
(v) species migration and survival;
(C) identify critical wildlife and species migration corridors recommended for preservation; and
(D) include recommendations for ensuring the biological connectivity of public land managed by the Secretary and the Secretary of Defense throughout the California Desert Conservation Area.
(3) Rights-of-way
The Secretary shall consider the information and recommendations of the study under paragraph (1) to determine the individual and cumulative impacts of rights-of-way for projects in the California Desert Conservation Area, in accordance with—
(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(C) any other applicable law.
(c) Land management plans
The Secretary shall incorporate into all land management plans applicable to the California Desert Conservation Area the findings and recommendations of the study completed under subsection (b).
(Pub. L. 103–433, title VII, § 713, as added Pub. L. 116–9, title I, § 1452, Mar. 12, 2019, 133 Stat. 711.)
heading: Editorial Notes
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (b)(3)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The Endangered Species Act of 1973, referred to in subsec. (b)(3)(B), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Section 103 of Pub. L. 103–433 provided in part that in this subchapter “Secretary” means the Secretary of the Interior.
16 U.S.C. § 410aaa–83 (CONSERVATION)
§ 410aaa–83. Authorization of appropriations
There is authorized to be appropriated to the National Park Service and to the Bureau of Land Management to carry out this Act an amount not to exceed $36,000,000 over and above that provided in fiscal year 1994 for additional administrative and construction costs over the fiscal year 1995–1999 period, and $300,000,000 for all land acquisition costs. No funds in excess of these amounts may be used for construction, administration, or land acquisition authorized under this Act without a specific authorization in an Act of Congress enacted after October 31, 1994.
(Pub. L. 103–433, title IX, § 901, Oct. 31, 1994, 108 Stat. 4508.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title.
16 U.S.C. § 410bbb (CONSERVATION)
§ 410bbb. Findings and purpose
(a) Findings
The Congress finds that:
(1) Jazz is the United States’ most widely recognized indigenous music and art form. Congress previously recognized jazz in 1987 through Senate Concurrent Resolution 57 as a rare and valuable national treasure of international importance.
(2) The city of New Orleans is widely recognized as the birthplace of jazz. In and around this city, cultural and musical elements blended to form the unique American music that is known as New Orleans jazz, which is an expression of the cultural diversity of the lower Mississippi Delta Region.
(3) Jean Lafitte National Historical Park and Preserve was established to commemorate the cultural diversity of the lower Mississippi Delta Region including a range of cultural expressions like jazz.
(b) Purpose
In furtherance of the need to recognize the value and importance of jazz, it is the purpose of this subchapter to establish a New Orleans Jazz National Historical Park to preserve the origins, early history, development and progression of jazz; provide visitors with opportunities to experience the sights, sounds, and places where jazz evolved; and implement innovative ways of establishing jazz educational partnerships that will help to ensure that jazz continues as a vital element of the culture of New Orleans and our Nation.
(Pub. L. 103–433, title XII, § 1202, Oct. 31, 1994, 108 Stat. 4519.)
heading: Editorial Notes
heading: References in Text
text: Senate Concurrent Resolution 57, referred to in subsec. (a)(1), probably means H. Con. Res. 57, Dec. 4, 1987, 101 Stat. 2013, which is not classified to the Code.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 103–433, title XII, § 1201, Oct. 31, 1994, 108 Stat. 4519, provided that: “This title [enacting this subchapter] may be cited as the ‘New Orleans Jazz National Historical Park Act of 1994’.”
16 U.S.C. § 410bbb–1 (CONSERVATION)
§ 410bbb–1. Establishment
(a) In general
In order to assist in the preservation, education, and interpretation of jazz as it has evolved in New Orleans, and to provide technical assistance to a broad range of organizations involved with jazz music and its history, there is hereby established the New Orleans Jazz National Historical Park (hereinafter referred to as the “historical park”). The historical park shall be administered in conjunction with the Jean Lafitte National Historical Park and Preserve, which was established to preserve and interpret the cultural and natural resources of the lower Mississippi Delta Region.
(b) Area included
The historical park shall consist of lands and interests therein as follows:
(1) Lands which the Secretary of the Interior (hereinafter referred to as “the Secretary”) may designate for an interpretive visitor center complex.
(2) Sites that are the subject of cooperative agreements with the National Park Service for the purposes of interpretive demonstrations and programs associated with the purposes of this subchapter.
(3)
(A) Sites designated by the Secretary as provided in subparagraph (B).
(B)
(i) No later than 18 months after October 31, 1994, the Secretary is directed to complete a national historic landmark evaluation of sites associated with jazz in and around New Orleans as identified in the document entitled “New Orleans Jazz Special Resource Study”, prepared by the National Park Service pursuant to Public Law 101–499. In undertaking the evaluation, the Secretary shall, to the extent practicable, utilize existing information relating to such sites.
(ii) If any of the sites evaluated are found to meet the standards of the National Historic Landmark program and National Park Service tests of suitability and feasibility, and offer outstanding opportunities to further the purposes of this subchapter, the Secretary may designate such sites as part of the historical park, following consultation with the owners of such sites, the city of New Orleans, the Smithsonian Institution, and the New Orleans Jazz Commission, and notification to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives.
(Pub. L. 103–433, title XII, § 1203, Oct. 31, 1994, 108 Stat. 4520.)
heading: Editorial Notes
heading: References in Text
text: Public Law 101–499, referred to in subsec. (b)(3)(B)(i), is Pub. L. 101–499, Nov. 2, 1990, 104 Stat. 1209, which is not classified to the Code.
16 U.S.C. § 410bbb–3 (CONSERVATION)
§ 410bbb–3. Acquisition of property
(a) General authority
The Secretary may acquire lands and interests therein within the sites designated pursuant to section 410bbb–1(b)(1) and (3) of this title by donation or purchase with donated or appropriated funds or long term lease: Provided, That sites designated pursuant to section 410bbb–1(b)(3) of this title shall only be acquired with the consent of the owner thereof.
(b) State and local properties
Lands and interests in lands which are owned by the State of Louisiana, or any political subdivision thereof, may be acquired only by donation.
(Pub. L. 103–433, title XII, § 1205, Oct. 31, 1994, 108 Stat. 4522.)
16 U.S.C. § 410bbb–4 (CONSERVATION)
§ 410bbb–4. General management plan
Within three years after the date funds are made available therefor and concurrent with the national landmark study referenced in section 410bbb–1(b)(3) of this title, the Secretary, in consultation with the New Orleans Jazz Commission, shall prepare a general management plan for the historical park. The plan shall include, but need not be limited to—
(1) a visitor use plan indicating programs and facilities associated with park programs that will be made available to the public;
(2) preservation and use plans for any structures and sites that are identified through the historic landmark study for inclusion within the historical park;
(3) the location and associated cost of public facilities that are proposed for inclusion within the historical park, including a visitor center;
(4) identification of programs that the Secretary will implement or be associated with through cooperative agreements with other groups and organizations;
(5) a transportation plan that addresses visitor use access needs to sites, facilities, and programs central to the purpose of the historical park;
(6) plans for the implementation of an archival system for materials, objects, and items of importance relating to the history of jazz; and
(7) guidelines for the application of cooperative agreements that will be used to assist in the management of historical park facilities and programs.
(Pub. L. 103–433, title XII, § 1206, Oct. 31, 1994, 108 Stat. 4522.)
16 U.S.C. § 410ccc (CONSERVATION)
§ 410ccc. Findings and purposes
(a) Findings
The Congress finds that—
(1) the Natchitoches area along Cane River, established in 1714, is the oldest permanent settlement in the Louisiana Purchase territory;
(2) the Cane River area is the locale of the development of Creole culture, from French-Spanish interactions of the early 18th century of today’s living communities;
(3) the Cane River, historically a segment of the Red River, provided the focal point for early settlement, serving as a transportation route upon which commerce and communication reached all parts of the colony;
(4) although a number of Creole structures, sites, and landscapes exist in Louisiana and elsewhere, unlike the Cane River area, most are isolated examples, and lack original outbuilding complexes or integrity;
(5) the Cane River area includes a great variety of historical features with original elements in both rural and urban settings and a cultural landscape that represents various aspects of Creole culture, providing the base for a holistic approach to understanding the broad continuum of history within the region;
(6) the Cane River region includes the Natchitoches National Historic Landmark District, composed of approximately 300 publicly and privately owned properties, four other national historic landmarks, and other structures and sites that may meet criteria for landmark significance following further study;
(7) historic preservation within the Cane River area has greatly benefitted from individuals and organizations that have strived to protect their heritage and educate others about their rich history; and
(8) because of the complexity and magnitude of preservation needs in the Cane River area, and the vital need for a culturally sensitive approach, a partnership approach is desirable for addressing the many preservation and educational needs.
(b) Purposes
The purposes of this subchapter are to—
(1) recognize the importance of the Cane River Creole culture as a nationally significant element of the cultural heritage of the United States;
(2) establish a Cane River Creole National Historical Park to serve as the focus of interpretive and educational programs on the history of the Cane River area and to assist in the preservation of certain historic sites along the river; and
(3) establish a Cane River National Heritage Area and Commission to be undertaken in partnership with the State of Louisiana, the City of Natchitoches, local communities and settlements of the Cane River area, preservation organizations, and private landowners, with full recognition that programs must fully involve the local communities and landowners.
(Pub. L. 103–449, title III, § 302, Nov. 2, 1994, 108 Stat. 4757.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 103–449, title III, § 301, Nov. 2, 1994, 108 Stat. 4757, provided that: “Titles III and IV of this Act [enacting this subchapter] may be cited as the ‘Cane River Creole National Historical Park and National Heritage Area Act’.”
16 U.S.C. § 410ccc–1 (CONSERVATION)
§ 410ccc–1. Establishment
(a) In general
In order to assist in the preservation and interpretation of, and education concerning, the Creole culture and diverse history of the Natchitoches region, and to provide technical assistance to a broad range of public and private landowners and preservation organizations, there is hereby established the Cane River Creole National Historical Park in the State of Louisiana (hereinafter in this subchapter referred to as the “historical park”).
(b) Area included
The historical park shall consist of lands and interests therein as follows:
(1) Lands and structures associated with the Oakland Plantation as depicted on map CARI, 80,002, dated January 1994.
(2) Lands and structures owned or acquired by Museum Contents, Inc. as depicted on map CARI, 80,001A, dated May 1994.
(3) Sites that may be the subject of cooperative agreements with the National Park Service for the purposes of historic preservation and interpretation including, but not limited to, the Melrose Plantation, the Badin-Rouge 1 site, the Cherokee Plantation, the Beau Fort Plantation, and sites within the Natchitoches National Historical Landmark District: Provided, That such sites may not be added to the historical park unless the Secretary of the Interior (hereinafter referred to as the “Secretary”) determines, based on further research and planning, that such sites meet the applicable criteria for national historical significance, suitability, and feasibility, and notification of the proposed addition has been transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the House of Representatives.
(4) Not to exceed 10 acres of land that the Secretary may designate for an interpretive visitor center complex to serve the needs of the historical park and heritage area established in part B of this subchapter.
(5) The approximately 46.1 acres of land identified as “Proposed Addition”, as generally depicted on the map entitled “Cane River Creole National Historical Park Proposed Addition—Magnolia Plantation Unit”, numbered 494/176,958, and dated October 2021.
(Pub. L. 103–449, title III, § 303, Nov. 2, 1994, 108 Stat. 4758; Pub. L. 117–328, div. DD, title VI, § 614, Dec. 29, 2022, 136 Stat. 5604.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (b)(5). Pub. L. 117–328 added par. (5).