dreamproit/uscode huggingface dataset:
16 U.S.C. § 460ggg–1 (CONSERVATION)
§ 460ggg–1. National scenic area
(a) Designation and purposes
For the purposes of protecting and enhancing the natural beauty, special ecological features, watershed integrity, mature-forest habitat, scenic recreation opportunities and other distinctive values of certain lands in Georgia, the lands in the Chattahoochee National Forest, Georgia, which comprise approximately 7,100 acres, as generally depicted on a map entitled “Coosa Bald Scenic Area—Proposed”, dated July 1991, are designated as a national scenic area and shall be known as the Coosa Bald National Scenic Area (hereafter in this section referred to as the “scenic area”).
(b) Administration
(1) Subject to valid existing rights, the Secretary shall administer the scenic area in accordance with the laws, rules, and regulations applicable to the National Forest System in such a way as to further the purposes of this section.
(2) The Secretary may permit additional road construction in the scenic area in furtherance of the purposes for which the scenic area is established. Except as provided in this section, the Secretary may not conduct timber harvesting in the scenic area. The Secretary may remove timber in the scenic area in furtherance of this section, but only in a manner which does not impair the purposes for which the scenic area is established. Salvage or sanitation harvesting of timber stands which are substantially damaged by fire, windthrow or other catastrophe, or are in imminent danger from insect or disease attack, is authorized to maintain forest health. Timber harvesting is authorized to provide for visitor safety.
(3) By virtue of this designation alone, the Secretary need not change patterns of public access or closure on existing permanent national forest development roads. At his discretion, however, the Secretary may open or close such existing roads for public use for reasons of sound resource management.
(4) Nothing in this section shall prevent the completion of existing timber sales under contract.
(5) The scenic area is hereby withdrawn from the operation of all laws pertaining to mineral leasing.
(6) The Secretary may also permit, in his discretion, the continued maintenance of existing wildlife openings, in cooperation with the State of Georgia and other Federal, State, and private cooperators, and may permit new wildlife openings in furtherance of the purposes for which the scenic area is established.
(7) The Secretary shall protect, enhance, and promote the public’s opportunities for primitive and semiprimitive experiences in the scenic area.
(Pub. L. 102–217, § 3, Dec. 11, 1991, 105 Stat. 1667.)
heading: References in Text
text: The laws pertaining to mineral leasing, referred to in subsec. (b)(5), are classified generally to Title 30, Mineral Lands and Mining.
16 U.S.C. § 460ggg–3 (CONSERVATION)
§ 460ggg–3. Maps and legal descriptions
As soon as practicable after December 11, 1991, the Secretary of Agriculture shall file a map and a legal description of each area designated by this subchapter with the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and with the Committee on Agriculture, Nutrition, and Forestry of the Senate. Each such map and description shall have the same force and effect as if included in this subchapter, except that correction of clerical and typographical errors in each such map and description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture.
(Pub. L. 102–217, § 5, Dec. 11, 1991, 105 Stat. 1669; Pub. L. 103–437, § 6(d)(25), Nov. 2, 1994, 108 Stat. 4584.)
heading: Amendments
text: 1994—Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.
16 U.S.C. § 460hhh (CONSERVATION)
§ 460hhh. Definitions
As used in this subchapter:
(1) National Forest lands
The term “National Forest lands” means lands included in the National Forest System (as defined in section 1609(a) of this title).
(2) Recreation Area
The term “Recreation Area” means the Spring Mountains National Recreation Area established by this subchapter.
(3) Secretary
The term “Secretary” means the Secretary of Agriculture.
(Pub. L. 103–63, § 2, Aug. 4, 1993, 107 Stat. 297.)
heading: Short Title
text: Pub. L. 103–63, § 1, Aug. 4, 1993, 107 Stat. 297, provided that: “This Act [enacting this subchapter] may be cited as the ‘Spring Mountains National Recreation Area Act’.”
16 U.S.C. § 460hhh–2 (CONSERVATION)
§ 460hhh–2. Establishment
(a) In general
Subject to valid existing rights, there is established the Spring Mountains National Recreation Area in Nevada.
(b) Boundaries and map
The Recreation Area shall consist of approximately 316,000 acres of federally owned lands and interests therein in the Toiyabe National Forest, as generally depicted on a map entitled “Spring Mountain National Recreation Area—Proposed”, numbered NV–CH, and dated August 2, 1992.
(c) Map filing
As soon as practicable after August 4, 1993, the Secretary shall file a map of the Recreation Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
(d) Public inspection
The map shall be on file and available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture.
(e) Discrepancies
In the case of any discrepancy between or among the acreage referred to in subsection (b) of this section and the map described in subsection (b) of this section, the map described in subsection (b) of this section shall control any question concerning the boundaries of the Recreation Area.
(Pub. L. 103–63, § 4, Aug. 4, 1993, 107 Stat. 297.)
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 460l–9 of this title, 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.)
16 U.S.C. § 460hhh–6 (CONSERVATION)
§ 460hhh–6. Withdrawal
(a) In general
Subject to valid existing rights and except for lands described in subsection (b) of this section, 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) Exception
The lands referred to in subsection (a) of this section are described as follows:
W½E½ and W½, Sec. 27, T23S, R58E, Mt. Diablo Meridian.
(Pub. L. 103–63, § 8, 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: 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. § 460iii–4 (CONSERVATION)
§ 460iii–4. Additions
(a) Acquisitions
(1) The Secretary is authorized to acquire lands and interests therein within the boundaries of the conservation 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 Idaho or a political subdivision thereof may be acquired only by donation or exchange.
(2) Any lands located within the boundaries of the conservation area that are acquired by the United States on or after August 4, 1993, shall become a part of the conservation area and shall be subject to this subchapter.
(b) Purchase of lands
In addition to the authority in section 1748(d) of title 43 and notwithstanding section 460l–9(a) 1 of this title, monies appropriated from the Land and Water Conservation Fund may be used as authorized in section 1534(b) of this title, for the purposes of acquiring lands or interests therein within the conservation area for administration as public lands as a part of the conservation area.
(c) Land exchanges
The Secretary shall, within 4 years after August 4, 1993, study, identify, and initiate voluntary land exchanges which would resolve ownership related land use conflicts within the conservation area.
(Pub. L. 103–64, § 5, Aug. 4, 1993, 107 Stat. 308.)
heading: References in Text
text: Section 460l–9(a) of this title, referred to in subsec. (b), was in the original “section 7(a) of the Land and Water Conservation Fund Act of 1964 (16 U.S.C. 460l–9(a)),” and was translated as reading section 7(a) of the Land and Water Conservation Fund Act of 1965, to reflect the probable intent of Congress.
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: 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: 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: References in Text
text: Public Law 101–556, referred to in text, is not classified to the Code.
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 may administer the Recreation Area as a separate unit of the National Forest System or in conjunction with an existing national forest.
(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.)
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: References in Text
text: Act of March 1, 1911, referred to in subsec. (b), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended, popularly known as the Weeks Law, which is classified to sections 480, 500, 513 to 519, 521, 552, and 563 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–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: 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.
16 U.S.C. § 460lll–21 (CONSERVATION)
§ 460lll–21. Land and resource management plan
(a) In general
As soon as practicable after the effective date of the transfer of jurisdiction under section 460lll–41 of this title, the Secretary shall prepare a land and resource management plan for the Recreation Area in conformity with the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.) and other applicable law.
(b) Interim provision
Until adoption of the land and resource management plan, the Secretary may use, as appropriate, the existing Tennessee Valley Authority Natural Resource Management Plan to provide interim management direction. Use of all or a portion of the management plan by the Secretary shall not be considered to be a major Federal action significantly affecting the quality of the human environment.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 521], Oct. 21, 1998, 112 Stat. 2681–231, 2681–314.)
heading: References in Text
text: The National Forest Management Act of 1976, referred to in subsec. (a), is Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2949, as amended, which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title, amended sections 500, 515, 516, 518, 576b, and 1601 to 1610 of this title, repealed sections 476, 513, and 514 of this title, and enacted provisions set out as notes under sections 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 1600 of this title and Tables.