dreamproit/uscode huggingface dataset:
16 U.S.C. § 460q–7 (CONSERVATION)
§ 460q–7. Shasta and Trinity National Forests; additions of lands
The exterior boundaries of the Shasta National Forest in the State of California are hereby extended to include the lands described in the Act of March 19, 1948 (62 Stat. 83), and sections 22 and 27, township 35 north, range 1 west, Mount Diablo base and meridian. The exterior boundaries of the Trinity National Forest in the State of California are hereby extended to include all of sections 4, 5, and 8, the east half and the northwest quarter of section 6, the east half of section 7, the northwest quarter of section 17, and the northeast quarter of section 18, township 33 north, range 8 west, Mount Diablo base and meridian. Subject to any valid claim or entry now existing and hereafter legally maintained, all public lands of the United States and all lands of the United States heretofore or hereafter acquired or reserved for use in connection with the Shasta, Clair Engle, or Lewiston Reservoirs of the Central Valley project within the exterior boundaries of the Shasta and Trinity National Forests which have not heretofore been added to and made a part of such forests, and all lands of the United States acquired for the purposes of the recreation area in the Shasta or Clair Engle-Lewiston units are hereby added to and made a part of the respective national forests within which they are situated: Provided, That lands within the flow lines of any reservoir operated and maintained by the Department of the Interior or otherwise needed or used for the operation of the Central Valley project shall continue to be administered by the Secretary of the Interior to the extent he determines to be required for such operation.
(Pub. L. 89–336, § 8, Nov. 8, 1965, 79 Stat. 1299.)
heading: Editorial Notes
heading: References in Text
text: Act of March 19, 1948 (62 Stat. 83), referred to in text, is act Mar. 19, 1948, ch. 139, 62 Stat. 83. See paragraph entitled “Shasta National Forest” set out in the Codification note under sections 486a to 486w of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Clair Engle Reservoir, referred to in text, redesignated “Trinity Lake” by section 1 of Pub. L. 105–44, set out as a note under section 460q of this title.
16 U.S.C. § 460q–8 (CONSERVATION)
§ 460q–8. Revenues and fees; disposition
Revenues and fees obtained by the United States from operation of the national recreation area shall be subject to the same statutory provisions concerning the disposition thereof as are similar revenues collected in areas of the national park system except that fees and revenues obtained from mineral development and from activities under other public land laws within the recreation area shall be disposed of in accordance with the provisions of the applicable laws.
(Pub. L. 89–336, § 9, Nov. 8, 1965, 79 Stat. 1300.)
16 U.S.C. § 460q–9 (CONSERVATION)
§ 460q–9. Authorization of appropriations
There are hereby authorized to be appropriated for the acquisition of lands and interests in land pursuant to the provisions of this subchapter not more than $21,600,000. There are also authorized to be appropriated not more than $24,649,000 for the development of recreation facilities pursuant to the provisions of this subchapter.
(Pub. L. 89–336, § 10, Nov. 8, 1965, 79 Stat. 1300; Pub. L. 95–625, title I, § 101(27), Nov. 10, 1978, 92 Stat. 3472.)
heading: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–625 increased development appropriations authorization to $24,649,000 from $22,700,000.
16 U.S.C. § 460r (CONSERVATION)
§ 460r. Establishment
In order to provide for the public outdoor recreation use and enjoyment of the area in the vicinity of Mount Rogers, the highest mountain in the State of Virginia, and to the extent feasible the conservation of scenic, scientific, historic, and other values of the area, the Secretary of Agriculture shall establish the Mount Rogers National Recreation Area in the Jefferson National Forest in the State of Virginia.
(Pub. L. 89–438, § 1, May 31, 1966, 80 Stat. 190.)
16 U.S.C. § 460r–1 (CONSERVATION)
§ 460r–1. Designation of area; boundaries; publication in Federal Register
The Secretary of Agriculture (hereinafter called the “Secretary”) shall—
(1) designate as soon as practicable after May 31, 1966, the Mount Rogers National Recreation Area within and adjacent to, and as a part of, the Jefferson National Forest in Virginia comprised of the area the boundaries of which shall be those shown on the map entitled “Proposed Mount Rogers National Recreation Area”, dated 1965, which is on file and available for public inspection in the office of the Chief, Forest Service, Department of Agriculture; and
(2) publish notice of the designation in the Federal Register, together with a map showing the boundaries of the recreation area.
(Pub. L. 89–438, § 2, May 31, 1966, 80 Stat. 190.)
16 U.S.C. § 460r–2 (CONSERVATION)
§ 460r–2. Acquisition of lands
(a) Authority of Secretary; manner and place; concurrence of State owner
The Secretary shall acquire by purchase with donated or appropriated funds, by gift, exchange, condemnation, transfer from any Federal agency, or otherwise, such lands, waters, or interests therein, including scenic or other easements within the boundaries of the recreation area as he determines to be needed or desirable for the purposes of this subchapter. Lands, waters, or interests therein owned by the State of Virginia or any political subdivision of that State may be acquired only with the concurrence of such owner.
(b) Transfer from Federal agency to administrative jurisdiction of Secretary
Notwithstanding any other provision of law, any Federal property located within the boundaries of the recreation area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in implementing the purpose of this subchapter.
(c) Exchange of property
In exercising his authority to acquire lands by exchange the Secretary may accept title to non-Federal property within the recreation area and convey to the grantor of such property any federally owned property in the State of Virginia under his jurisdiction.
(Pub. L. 89–438, § 3, May 31, 1966, 80 Stat. 190.)
16 U.S.C. § 460r–3 (CONSERVATION)
§ 460r–3. Outdoor recreation facilities development
(a) Accelerated program
After the Secretary acquires an acreage within the area designated pursuant to section 460r–1 of this title that is in his opinion efficiently administrable to carry out the purposes of this subchapter, he shall institute an accelerated program of development of facilities for outdoor recreation. Said facilities shall be so devised to take advantage of the topography and geographical location of the lands in relation to the growing recreation needs of the people of the United States.
(b) Cooperation with Federal and State agencies
The Secretary may cooperate with all Federal and State authorities and agencies that have programs which will hasten completion of the recreation area and render services which will aid him in evaluating and effectuating the establishment of adequate summer and winter outdoor recreation facilities.
(Pub. L. 89–438, § 4, May 31, 1966, 80 Stat. 191.)
16 U.S.C. § 460r–4 (CONSERVATION)
§ 460r–4. Administration, protection, and development of area
The administration, protection, and development of the recreation area shall be by the Secretary of Agriculture in accordance with the laws, rules, and regulations applicable to national forests, in such manner as in his judgment will best provide for (1) public outdoor recreation benefits; (2) conservation of scenic, scientific, historic, and other values contributing to public enjoyment; and (3) such management, utilization, and disposal of natural resources as in his judgment will promote, or is compatible with, and does not significantly impair the purposes for which the recreation area is established.
(Pub. L. 89–438, § 5, May 31, 1966, 80 Stat. 191.)
16 U.S.C. § 460r–5 (CONSERVATION)
§ 460r–5. Hunting and fishing
The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the Mount Rogers National Recreation Area in accordance with applicable Federal and State laws. The Secretary may designate zones where, and establish periods when, no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment, and shall issue regulations after consultation with the Commission of Game and Inland Fisheries of the State of Virginia.
(Pub. L. 89–438, § 6, May, 31, 1966, 80 Stat. 191.)
16 U.S.C. § 460s (CONSERVATION)
§ 460s. Establishment
In order to preserve for the benefit, inspiration, education, recreational use, and enjoyment of the public a significant portion of the diminishing shoreline of the United States and its related geographic and scientific features, the Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to take appropriate action, as herein provided, to establish in the State of Michigan the Pictured Rocks National Lakeshore.
(Pub. L. 89–668, § 1, Oct. 15, 1966, 80 Stat. 922.)
16 U.S.C. § 460s–1 (CONSERVATION)
§ 460s–1. Description of area
The area comprising that particular land and water depicted on the map identified as “Proposed Pictured Rocks National Lakeshore, United States Department of the Interior, National Park Service, Boundary Map, NL–PR–7100A, July 1966”, which is on file and available for public inspection in the office of the National Park Service of the Department of the Interior, is hereby designated for establishment as the Pictured Rocks National Lakeshore. An exact copy of such map shall be filed for publication in the Federal Register within thirty days following October 15, 1966.
(Pub. L. 89–668, § 2, Oct. 15, 1966, 80 Stat. 922.)
16 U.S.C. § 460s–2 (CONSERVATION)
§ 460s–2. Establishment; notice in Federal Register
As soon as practicable after October 15, 1966, and following the acquisition by the Secretary of an acreage within the boundaries of the area which in his opinion is efficiently administrable for the purposes of this subchapter, he shall establish the Pictured Rocks National Lakeshore by publication of notice thereof in the Federal Register.
(Pub. L. 89–668, § 3, Oct. 15, 1966, 80 Stat. 922.)
16 U.S.C. § 460s–3 (CONSERVATION)
§ 460s–3. Pictured Rocks National Lakeshore Advisory Commission
(a) Establishment; termination
There is hereby established a Pictured Rocks National Lakeshore Advisory Commission. Said commission shall terminate ten years after the date the lakeshore is established pursuant to this subchapter.
(b) Membership; term
The commission shall be composed of five members, each appointed for a term of two years by the Secretary, as follows:
(1) Two members to be appointed from recommendations made by the county in which the lakeshore is situated;
(2) Two members to be appointed from recommendations made by the Governor of the State of Michigan; and
(3) One member to be designated by the Secretary.
(c) Chairman; vacancies
The Secretary shall designate one member to be chairman. Any vacancy in the commission shall be filled in the same manner in which the original appointment was made.
(d) Compensation and expenses
Members of the commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the commission in carrying out its responsibilities under this subchapter on vouchers signed by the chairman.
(e) Development consultations
The Secretary or his designee shall, from time to time, consult with the commission with respect to the matters relating to the development of the Pictured Rocks National Lakeshore.
(Pub. L. 89–668, § 4, Oct. 15, 1966, 80 Stat. 922.)
16 U.S.C. § 460s–4 (CONSERVATION)
§ 460s–4. Hunting and fishing
In administering the lakeshore the Secretary shall permit hunting and fishing on lands and waters under his jurisdiction in accordance with the applicable laws of the United States and of Michigan. The Secretary, after consultation with the Michigan Department of Conservation, may designate zones and establish periods where and when no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment. The Secretary shall, after consultation with such department, issue regulations, consistent with this section, as he may determine necessary to carry out the purposes of this section.
(Pub. L. 89–668, § 5, Oct. 15, 1966, 80 Stat. 923.)
16 U.S.C. § 460s–5 (CONSERVATION)
§ 460s–5. Administration, protection, and development
(a) Utilization of authority for conservation and management of natural resources
The administration, protection, and development of the Pictured Rocks National Lakeshore shall be exercised by the Secretary, subject to the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.),1 as amended and supplemented, 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.
(b) Land and water use management plan; preparation and implementation; provisions
In the administration, protection, and development of the lakeshore, the Secretary shall prepare and implement a land and water use management plan, which shall include specific provision for—
(1) development of facilities to provide the benefits of public recreation, including appropriate improvements to Alger County Road H–58;
(2) protection of scenic, scientific, and historic features contributing to public enjoyment; and
(3) such protection, management, and utilization (subject to the provisions of sections 460s–8 and 460s–9 of this title) of renewable natural resources, including forage and forest products, as in the judgment of the Secretary is consistent with, and does not significantly impair public recreation and protection of scenic, scientific, and historic features contributing to public enjoyment.
(c) Prohibition of certain construction
A scenic shoreline drive may not be constructed in the Pictured Rocks National Lakeshore.
(Pub. L. 89–668, § 6, Oct. 15, 1966, 80 Stat. 923; Pub. L. 105–378, title II, § 202, Nov. 12, 1998, 112 Stat. 3398.)
heading: Editorial Notes
heading: References in Text
text: The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
heading: Amendments
text: 1998—Subsec. (b)(1). Pub. L. 105–378, § 202(1), substituted “including appropriate improvements to Alger County Road H–58” for “including a scenic shoreline drive”.
Subsec. (c). Pub. L. 105–378, § 202(2), added subsec. (c).
16 U.S.C. § 460s–6 (CONSERVATION)
§ 460s–6. Taxing power
Nothing in this subchapter shall be construed as prohibiting governmental jurisdiction in the State of Michigan from assessing taxes upon any interest in real estate retained under the provisions of section 460s–10 of this title to the owner of such interest.
(Pub. L. 89–668, § 7, Oct. 15, 1966, 80 Stat. 923.)
16 U.S.C. § 460s–7 (CONSERVATION)
§ 460s–7. Acquisition of property
(a) Authority of Secretary; manner and place; condemnation authority
The Secretary is authorized, subject to the limitations, conditions, and restrictions imposed by this subchapter, to acquire the land, water, and other property, and improvements thereon, and any interests therein (including easements) within the boundary described in section 460s–1 of this title by donation, purchase with donated or appropriated funds, transfer from any Federal agency, exchange, or condemnation; except that such authority to acquire by condemnation shall be exercised only in the manner and to the extent specifically authorized in this subchapter.
(b) Sale offers; hardship from delay
In exercising his authority to acquire property under this subchapter, the Secretary shall give immediate and careful consideration to any offer made by an individual owning property within the lakeshore to sell such property to the Secretary. In considering any such offer, the Secretary shall take into consideration any hardship to the owner which might result from any undue delay in acquiring his property.
(c) State donations; transfer from Federal agency to administrative jurisdiction of Secretary
Any property or interests therein, owned by the State of Michigan, or any political subdivisions thereof, may be acquired only by donation. Notwithstanding any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of this subchapter.
(d) Negotiation and purchase; condemnation proceedings; fair market value
The Secretary shall make every reasonable effort to acquire property through negotiation and purchase. Where agreement is not reached and condemnation proceedings are filed, the owner of such property shall be paid the fair market value thereof as determined in such proceedings.
(e) Condemnation to acquire clear, marketable and encumbrance-free title
Nothing in this subchapter shall be construed to prohibit the use of condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances.
(f) Exchange of properties; cash equalization payments
In exercising his authority to acquire property by exchange the Secretary may accept title to any non-Federal property within the area designated by section 460s–1 of this title for inclusion in the lakeshore, and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction within the State of Michigan which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal or, if they are not approximately equal, the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require.
(Pub. L. 89–668, § 8, Oct. 15, 1966, 80 Stat. 923.)
16 U.S.C. § 460s–8 (CONSERVATION)
§ 460s–8. Inland buffer zone
(a) Statement of purposes
The area hereinafter described in subsection (b) of this section is hereby established as an inland buffer zone in order to stabilize and protect the existing character and uses of the lands, waters, and other properties within such zone for the purpose of preserving the setting of the shoreline and lakes, protecting the watersheds and streams, and providing for the fullest economic utilization of the renewable resources through sustained yield timber management and other resource management compatible with the purposes of this subchapter.
(b) Description of area; places for examination of map
As used in this subchapter, the term “inland buffer zone” means that part of the lakeshore delineated as such on the map identified as “Proposed Pictured Rocks National Lakeshore, United States Department of the Interior, National Park Service, Boundary Map, NL–PR–7100A, July, 1966”. The Secretary shall file the map with the Office of the Federal Register, and it may also be examined in the Offices of the Department of the Interior.
(Pub. L. 89–668, § 9, Oct. 15, 1966, 80 Stat. 924.)
16 U.S.C. § 460s–9 (CONSERVATION)
§ 460s–9. Property subject to condemnation
(a) Limitation on condemnation of improved or other property
The Secretary shall be prohibited from acquiring by condemnation any (1) improved property within the inland buffer zone or (2) property within the inland buffer zone during all times when, in his judgment, such property is being used (A) for the growing and harvesting of timber under a scientific program of selective cutting and forest management, or (B) for commercial purposes, if such commercial purposes are the same such purposes for which such property is being used on December 31, 1964, so long as the use of such improved or other property would further the purposes of this subchapter and such use does not impair the usefulness and attractiveness of the lakeshore.
(b) “Improved property” defined
As used in this subchapter, the term “improved property” shall mean any one-family dwelling on which construction was begun before December 31, 1964, together with so much of the land on which the dwelling is situated (such land being in the same ownership as the dwelling) as shall be reasonably necessary for the enjoyment of the dwelling.
(Pub. L. 89–668, § 10, Oct. 15, 1966, 80 Stat. 924.)
16 U.S.C. § 460s–10 (CONSERVATION)
§ 460s–10. Acquisition of property
(a) Owner’s retention of right of use and occupancy for residential purposes for term of years or life; adjustment of compensation; conveyance or lease of right for noncommercial residential purposes
Any owner or owners of improved property on the date of its acquisition by the Secretary may, as a condition to such acquisition, retain, for a term of not to exceed twenty-five years, or for a term ending at the death of such owner or owners, the right of use and occupancy of such property for any residential purpose which is not incompatible with the purposes of this subchapter or which does not impair the usefulness and attractiveness of the area designated for inclusion. The Secretary shall pay to the owner the value of the property on the date of such acquisition, less the value on such date of the right retained by the owner. Where any such owner retains a right of use and occupancy as herein provided, such right during its existence may be conveyed or leased for noncommercial residential purposes in accordance with the provisions of this section.
(b) Termination of use and occupancy because of noncompliance with statutory uses; adjustment of compensation
Any deed or other instrument used to transfer title to property, with respect to which a right of use and occupancy is retained under this section, shall provide that such property shall not be used for any purpose which is incompatible with purposes of this subchapter, or which impairs the usefulness and attractiveness of the lakeshore and if it should be so used, the Secretary shall have authority to terminate such right. In the event the Secretary exercises his power of termination under this subsection he shall pay to the owner of the right terminated an amount equal to the value of that portion of such right which remained unexpired on the date of such termination.
(c) Land subject to lease of cottage or hunting lodge; new lease for term of years or life; conditions of lease
Any land acquired by the Secretary under this subchapter on which there is situated a cottage or hunting lodge which, on December 31, 1964, was under lease to any lessee or lessees shall, if such lease is in effect on the date such land is so acquired, be acquired by the Secretary subject to such lease and the right of such lessee or lessees to continue using the property covered by such lease in accordance with the provisions thereof. Upon the expiration of such lease, the Secretary shall have the authority to enter into a lease with such lessee or lessees authorizing them to continue using such cottage or lodge (as the case may be) for a term of not to exceed twenty-five years, or for a term ending at the death of such lessee or lessees, subject to such conditions as may be prescribed by the Secretary.
(Pub. L. 89–668, § 11, Oct. 15, 1966, 80 Stat. 925.)