dreamproit/uscode huggingface dataset:
16 U.S.C. § 539m–4 (CONSERVATION)
§ 539m–4. Limitations on Pueblo rights and interests in the Area
(a) Limitations
The rights and interests of the Pueblo recognized in sections 539m to 539m–12 of this title do not include—
(1) any right to sell, grant, lease, convey, encumber, or exchange land or any interest in land in the Area (and any such conveyance shall not have validity in law or equity);
(2) any exemption from applicable Federal wildlife protection laws;
(3) any right to engage in a use prohibited by section 539m–2(e) of this title; or
(4) any right to exclude persons or governmental entities from the Area.
(b) Exception
No person who exercises traditional or cultural use rights as authorized by section 539m–3(a)(4) of this title may be prosecuted for a Federal wildlife offense requiring proof of a violation of a State law (including regulations).
(Pub. L. 108–7, div. F, title IV, § 406, Feb. 20, 2003, 117 Stat. 284.)
heading: Editorial Notes
heading: References in Text
text: Sections 539m to 539m–12 of this title, referred to in subsec. (a), was in the original “this title”, meaning title IV of div. F of Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m–12 of this title. For complete classification of title IV to the Code, see Short Title note set out under section 539m of this title and Tables.
16 U.S.C. § 539m–8 (CONSERVATION)
§ 539m–8. Extinguishment of claims
(a) In general
Except for the rights and interests in and to the Area specifically recognized in sections 539m–2, 539m–3, 539m–5, 539m–6, and 539m–7 of this title, all Pueblo claims to right, title and interest of any kind, including aboriginal claims, in and to land within the Area, any part thereof, and property interests therein, as well as related boundary, survey, trespass, and monetary damage claims, are permanently extinguished. The United States’ title to the Area is confirmed.
(b) Subdivisions
Any Pueblo claims to right, title and interest of any kind, including aboriginal claims, in and to the subdivisions and property interests therein (except for land owned in fee by the Pueblo as of February 20, 2003), as well as related boundary, survey, trespass, and monetary damage claims, are permanently extinguished.
(c) Special use and crest facilities areas
Any Pueblo right, title and interest of any kind, including aboriginal claims, and related boundary, survey, trespass, and monetary damage claims, are permanently extinguished in and to—
(1) the land described in the special use permit; and
(2) the land on which the crest facilities are located.
(d) Pueblo agreement
As provided in the Settlement Agreement, the Pueblo has agreed to the relinquishment and extinguishment of those claims, rights, titles and interests extinguished pursuant to subsection 1 (a), (b), and (c).
(e) Consideration
The recognition of the Pueblo’s rights and interests in sections 539m to 539m–12 of this title constitutes adequate consideration for the Pueblo’s agreement to the extinguishment of the Pueblo’s claims in this section and the right-of-way grants contained in section 539m–7 of this title, and it is the intent of Congress that those rights and interests may only be diminished by a future Act of Congress specifically authorizing diminishment of such rights, with express reference to sections 539m to 539m–12 of this title.
(Pub. L. 108–7, div. F, title IV, § 410, Feb. 20, 2003, 117 Stat. 290.)
heading: Editorial Notes
heading: References in Text
text: Sections 539m to 539m–12 of this title, referred to in subsec. (e), was in the original “this title”, meaning title IV of div. F of Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m–12 of this title. For complete classification of title IV to the Code, see Short Title note set out under section 539m of this title and Tables.
16 U.S.C. § 539m–9 (CONSERVATION)
§ 539m–9. Construction
(a) Strict construction
Sections 539m to 539m–12 of this title recognize only enumerated rights and interests, and no additional rights, interests, obligations, or duties shall be created by implication.
(b) Existing rights
To the extent there exist within the Area as of February 20, 2003, any valid private property rights associated with private land that are not otherwise addressed in sections 539m to 539m–12 of this title, such rights are not modified or otherwise affected by sections 539m to 539m–12 of this title, nor is the exercise of any such right subject to the Pueblo’s right to withhold consent to new uses in the Area as set forth in section 539m–3(a)(3)(A) of this title.
(c) Not precedent
The provisions of sections 539m to 539m–12 of this title creating certain rights and interests in the National Forest System are uniquely suited to resolve the Pueblo’s claim and the geographic and societal situation involved, and shall not be construed as precedent for any other situation involving management of the National Forest System.
(d) Fish and wildlife
Except as provided in section 539m–6(b)(2)(B) of this title, nothing in sections 539m to 539m–12 of this title shall be construed as affecting the responsibilities of the State of New Mexico with respect to fish and wildlife, including the regulation of hunting, fishing, or trapping within the Area.
(Pub. L. 108–7, div. F, title IV, § 411, Feb. 20, 2003, 117 Stat. 291.)
heading: Editorial Notes
heading: References in Text
text: Sections 539m to 539m–12 of this title, referred to in text, was in the original “this title”, meaning title IV of div. F of Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m–12 of this title. For complete classification of title IV to the Code, see Short Title note set out under section 539m of this title and Tables.
heading: Codification
text: Section is comprised of section 411 of div. F of Pub. L. 108–7. Subsec. (e) of section 411 of div. F of Pub. L. 108–7 amended section 1746 of Title 43, Public Lands.
16 U.S.C. § 539m–10 (CONSERVATION)
§ 539m–10. Judicial review
(a) Enforcement
A civil action to enforce the provisions of sections 539m to 539m–12 of this title may be brought to the extent permitted under chapter 7 of title 5. Judicial review shall be based on the administrative record and subject to the applicable standard of review set forth in section 706 of title 5.
(b) Waiver
A civil action may be brought against the Pueblo for declaratory judgment or injunctive relief under sections 539m to 539m–12 of this title, but no money damages, including costs or attorney’s fees, may be imposed on the Pueblo as a result of such judicial action.
(c) Venue
Venue for any civil action provided for in this section, as well as any civil action to contest the constitutionality of sections 539m to 539m–12 of this title, shall lie only in the United States District Court for the District of New Mexico.
(Pub. L. 108–7, div. F, title IV, § 412, Feb. 20, 2003, 117 Stat. 291.)
heading: Editorial Notes
heading: References in Text
text: Sections 539m to 539m–12 of this title, referred to in text, was in the original “this title”, meaning title IV of div. F of Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m–12 of this title. For complete classification of title IV to the Code, see Short Title note set out under section 539m of this title and Tables.
16 U.S.C. § 539m–12 (CONSERVATION)
§ 539m–12. Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out sections 539m to 539m–12 of this title, including such sums as are necessary for the Forest Service to carry out responsibilities of the Forest Service in accordance with section 539m–11(c) of this title.
(Pub. L. 108–7, div. F, title IV, § 414, Feb. 20, 2003, 117 Stat. 294.)
heading: Editorial Notes
heading: References in Text
text: Sections 539m to 539m–12 of this title, referred to in text, was in the original “this title”, meaning title IV of div. F of Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m–12 of this title. For complete classification of title IV to the Code, see Short Title note set out under section 539m of this title and Tables.
16 U.S.C. § 541 (CONSERVATION)
§ 541. Cascade Head Scenic-Research Area; establishment
In order to provide present and future generations with the use and enjoyment of certain ocean headlands, rivers, streams, estuaries, and forested areas, to insure the protection and encourage the study of significant areas for research and scientific purposes, and to promote a more sensitive relationship between man and his adjacent environment, there is hereby established, subject to valid existing rights, the Cascade Head Scenic-Research Area (hereinafter referred to as “the Area”) in the Siuslaw National Forest in the State of Oregon.
(Pub. L. 93–535, § 1, Dec. 22, 1974, 88 Stat. 1732.)
16 U.S.C. § 541a (CONSERVATION)
§ 541a. Administration, protection, development, and regulation of use
The administration, protection, development, and regulation of use of the Area shall be by the Secretary of Agriculture (hereinafter referred to as the “Secretary”) in accordance with the laws, rules, and regulations applicable to national forests, in such manner as in his judgment will best contribute to attainment of the purpose of this subchapter.
(Pub. L. 93–535, § 2, Dec. 22, 1974, 88 Stat. 1732.)
16 U.S.C. § 541b (CONSERVATION)
§ 541b. Boundaries of scenic-research area; adjustments to subarea boundaries; development of management plan; establishment of subareas; management objectives
(a) Boundaries; adjustments to boundaries of sub­areas
The boundaries of the Area, and the boundaries of the subareas included therein, shall be those shown on the map entitled “Proposed Cascade Head Scenic-Research Area”, dated June 1974, which is on file and available for public inspection in the office of the Chief, Forest Service, United States Department of Agriculture: Provided, That, from time to time, the Secretary may, after public hearing or other appropriate means for public participation, make adjustments in the boundaries of subareas to reflect changing natural conditions or to provide for more effective management of the Area and each of the subareas in accordance with the purposes and provisions of this subchapter.
(b) Management plan; development; time; contents
As soon as practicable after December 22, 1974, the Secretary shall, with provisions for appropriate public participation in the planning process, develop a comprehensive management plan for the Area. Said plan shall prescribe specific management objectives and management controls necessary for the protection, management, and development of the Area and each of the subareas established pursuant to subsection (c) hereof.
(c) Subareas; establishment; management objectives
Within the Area, the following subareas shall be established and shall be managed in accord with the following primary management objectives which shall be supplemental to the general management objectives applicable to the entire Area:
(1) Estuary and Associated Wetlands Sub-area: An area managed to protect and perpetuate the fish and wildlife, scenic, and research-education values, while allowing dispersed recreation use, such as sport fishing, nonmotorized pleasure boating, waterfowl hunting, and other uses which the Secretary determines are compatible with the protection and perpetuation of the unique natural values of the subarea. After appropriate study, breaching of existing dikes may be permitted within the subarea.
(2) Lower Slope-Dispersed Residential Subarea: An area managed to maintain the scenic, soil and watershed, and fish and wildlife values, while allowing dispersed residential occupancy, selective recreation use, and agricultural use.
(3) Upper Timbered Slope and Headlands Subareas: Areas managed to protect the scenic, soil and watershed, and fish and wildlife values while allowing selective recreation and extensive research-educational activities. Timber harvesting activity may occur in these subareas only when the Secretary determines that such harvesting is to be conducted in connection with research activities or that the preservation of the timber resource is imminently threatened by fire, old age, infestation, or similar natural occurrences.
(4) Coastline and Sand Dune-Spit Subareas: Areas managed to protect and maintain the scenic and wildlife values while allowing selective recreation and extensive research-educational activities.
(Pub. L. 93–535, § 3, Dec. 22, 1974, 88 Stat. 1732.)
16 U.S.C. § 541c (CONSERVATION)
§ 541c. Extension of boundaries of Siuslaw National Forest; transfer of Federal property to Secretary
(a) The boundaries of the Siuslaw National Forest are hereby extended to include all of the lands lying within the Area as described in accordance with section 541b of this title which are not within the national forest boundaries on December 22, 1974.
(b) Notwithstanding any other provision of law, any Federal property located on the lands added to the Siuslaw National Forest by this section may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary. Any lands so transferred shall become part of the Siuslaw National Forest.
(Pub. L. 93–535, § 4, Dec. 22, 1974, 88 Stat. 1733.)
16 U.S.C. § 541d (CONSERVATION)
§ 541d. Acquisition of property within the scenic-research area; consent of owner; substantial change in use or maintenance of property
(a) Acquisition of lands, waters and interests by donation, purchase, etc.
Subject to the provisions of subsection (b) of this subsection,1 the Secretary is authorized to acquire lands, waters, or interests therein within the Area by donation, purchase, exchange, or otherwise.
(b) Consent of owner for acquisition of lands in sub-areas; exceptions; guidelines for determination of substantial change in land use or maintenance
Within all subareas of the Area except the estuary and associated wetlands subarea, the Secretary may not acquire any land or interest in land without the consent of the owner or owners so long as the owner or owners use such land for substantially the same purposes and in the same manner as it was used and maintained on June 1, 1974: Provided, however, That the Secretary may acquire any land or interest in land without the consent of the owner or owners when such land is in imminent danger of being used for different purposes or in a different manner from the use or uses existing on June 1, 1974. The Secretary shall publish, within one hundred and eighty days of December 22, 1974, guidelines which shall be used by him to determine what constitutes a substantial change in land use or maintenance for the non-federally-owned lands within the Area. Within the estuary and associated wetlands subarea the Secretary may acquire any land or interest in land without the consent of the owner or owners at any time, after public hearing.
(c) Substantial change in land use or maintenance; notice by owner; time; manner
At least thirty days prior to any substantial change in the use or maintenance of any non-federally-owned land within the Area, the owner or owners of such land shall provide notice of such proposed change to the Secretary or his designee, in accordance with such guidelines as the Secretary may establish.
(Pub. L. 93–535, § 5, Dec. 22, 1974, 88 Stat. 1733.)
16 U.S.C. § 541e (CONSERVATION)
§ 541e. Availability of funds for acquisition of lands, etc., within added area
Notwithstanding the provisions of section 200306(a)(2) of title 54, moneys appropriated from the Land and Water Conservation Fund shall be available for the acquisition of any lands, waters, or interests therein within the area added to the Siuslaw National Forest by this subchapter.
(Pub. L. 93–535, § 6, Dec. 22, 1974, 88 Stat. 1733; Pub. L. 113–287, § 5(d)(15), Dec. 19, 2014, 128 Stat. 3265.)
heading: Editorial Notes
heading: Amendments
text: 2014—Pub. L. 113–287 substituted “section 200306(a)(2) of title 54” for “section 460l–9(a)(1) of this title”.
16 U.S.C. § 541f (CONSERVATION)
§ 541f. Withdrawal from location, entry and patent under mining laws; withdrawal from disposition under mineral leasing laws
The lands within the Area, subject to valid existing rights, are hereby withdrawn from location, entry, and patent under the United States mining laws and from disposition under all laws pertaining to mineral leasing and all amendments thereto.
(Pub. L. 93–535, § 7, Dec. 22, 1974, 88 Stat. 1733.)
16 U.S.C. § 541h (CONSERVATION)
§ 541h. Cooperation with State of Oregon in administration and protection of lands; civil and criminal jurisdiction; power of taxation
The Secretary shall cooperate with the State of Oregon and political subdivisions thereof in the administration of the Area and in the administration and protection of lands within and adjacent to the Area owned or controlled by the State or political subdivisions thereof. Nothing in this subchapter shall deprive the State of Oregon or any political subdivision thereof of its right to exercise civil and criminal jurisdiction within the Area consistent with the provisions of this subchapter, or of its right to tax persons, corporations, franchises or other non-Federal property, in or on the lands or waters within the Area.
(Pub. L. 93–535, § 9, Dec. 22, 1974, 88 Stat. 1734.)
16 U.S.C. § 542 (CONSERVATION)
§ 542. Langmuir Research Site; establishment
That in order to encourage scientific research into atmospheric processes and astronomical phenomena, and to preserve conditions necessary for that research, there is hereby established the Langmuir Research Site (hereinafter referred to as the “research site”) in the Cibola National Forest in the State of New Mexico.
(Pub. L. 96–550, title II, § 201, Dec. 19, 1980, 94 Stat. 3225.)
16 U.S.C. § 542a (CONSERVATION)
§ 542a. Congressional findings
The Congress finds that the high altitude and freedom from air pollution and night luminosity caused by human activity, make the research site uniquely suited to the conduct of research probes into thunder clouds and for other atmospheric and astronomical research purposes.
(Pub. L. 96–550, title II, § 202, Dec. 19, 1980, 94 Stat. 3225.)
16 U.S.C. § 542b (CONSERVATION)
§ 542b. Administration, protection, and regulation of use
The Secretary of Agriculture shall administer, protect, and regulate use of the research site in accordance with the laws, rules, and regulations applicable to National Forest System lands, and in such manner as will best contribute to purposes of this Act.
(Pub. L. 96–550, title II, § 203, Dec. 19, 1980, 94 Stat. 3225.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 96–550, Dec. 19, 1980, 94 Stat. 3221, which enacted sections 410ii to 410ii–7 and 542 to 542d of this title and enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title and provisions listed in tables of Miscellaneous National Monuments and National Monuments Established Under Presidential Proclamation set out under section 320301 of Title 54, National Park Service and Related Programs. For complete classification of this Act to the Code, see Tables.
16 U.S.C. § 542c (CONSERVATION)
§ 542c. Land use agreement
The Secretary of Agriculture in furtherance of the purposes of this Act, is hereby authorized, and directed, to enter into an appropriate land use agreement with New Mexico Institute of Mining and Technology for the Langmuir Research Site for the purpose of establishing conditions for use of the national forest land, and to set forth working relationships during such period of use.
(Pub. L. 96–550, title II, § 204, Dec. 19, 1980, 94 Stat. 3225.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 96–550, Dec. 19, 1980, 94 Stat. 3221, which enacted sections 410ii to 410ii–7 and 542 to 542d of this title and enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title and provisions listed in tables of Miscellaneous National Monuments and National Monuments Established Under Presidential Proclamation set out under section 320301 of Title 54, National Park Service and Related Programs. For complete classification of this Act to the Code, see Tables.
16 U.S.C. § 543 (CONSERVATION)
§ 543. Mono Basin National Forest Scenic Area; establishment
The area in the Mono Basin within and adjacent to the Inyo National Forest in the State of California, as generally depicted on a map entitled “Mono Basin National Forest Scenic Area” dated June 1983, and numbered 1983–3, is hereby designated as the Mono Basin National Forest Scenic Area (hereafter in sections 543 to 543h of this title referred to as the “Scenic Area”). Such map shall be on file and available for public inspection in the office of the Forest Supervisor, Inyo National Forest and in the office of the Chief of the Forest Service, Department of Agriculture. The Secretary of Agriculture (hereinafter in sections 543 to 543h of this title referred to as the “Secretary”) may make minor revisions in the boundary of the Scenic Area after publication of notice to that effect in the Federal Register and submission of notice thereof to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. Such notice shall be published and submitted at least sixty days before the revision is made.
(Pub. L. 98–425, title III, § 301, Sept. 28, 1984, 98 Stat. 1632; Pub. L. 103–437, § 6(d)(33), Nov. 2, 1994, 108 Stat. 4584.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.
16 U.S.C. § 543a (CONSERVATION)
§ 543a. Extension of National Forest boundary
(a) The exterior boundary of the Inyo National Forest is hereby extended to include the area within the boundary of the Scenic Area. Any lands and interests therein acquired pursuant to section 543b of this title shall become part of the National Forest System.
(b) For the purposes of section 200306(a)(2) of title 54, the boundary of the Inyo National Forest, as modified by this section, shall be treated as if it were the boundary of that forest on January 1, 1964.
(Pub. L. 98–425, title III, § 302, Sept. 28, 1984, 98 Stat. 1633.)
heading: Editorial Notes
heading: Codification
text: In subsec. (b), “section 200306(a)(2) of title 54” substituted for “section 7(a)(1) of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 4601–4 through 4601–11) [sic]” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.