dreamproit/uscode huggingface dataset:
16 U.S.C. § 460x–3 (CONSERVATION)
§ 460x–3. Sleeping Bear Dunes National Lakeshore Advisory Commission
(a) Establishment; termination
There is hereby established a Sleeping Bear Dunes National Lakeshore Advisory Commission. The Commission shall cease to exist twenty years after the establishment of the lakeshore pursuant to section 460x–1 of this title.
(b) Membership; appointment; term of office; recommendation or designation of appointees
The Commission shall be composed of ten members, each appointed for a term of two years by the Secretary, as follows:
(1) Four members to be appointed from recommendations made by the counties in which the lakeshore is situated, two members to represent each such county;
(2) Four members to be appointed from recommendations made by the Governor of the State of Michigan; and
(3) Two members 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; vouchers
A member 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) Consultation of Secretary with Commission
The Secretary or his designee shall consult with the Commission with respect to—
(1) matters relating to the development of the lakeshore and with respect to the provisions of sections 460x–8, 460x–11, and 460x–12 of this title; and
(2) matters relating to the implementation of the General Management Plan provided for in section 460x–5(b) of this title.
(Pub. L. 91–479, § 4, Oct. 21, 1970, 84 Stat. 1076; Pub. L. 100–558, Oct. 28, 1988, 102 Stat. 2796.)
heading: Amendments
text: 1988—Subsec. (a). Pub. L. 100–558, § 1(1), substituted “twenty” for “ten”.
Subsec. (e). Pub. L. 100–558, § 1(2), amended subsec. (e) generally, designating existing provisions as par. (1) and adding par. (2).
16 U.S.C. § 460x–5 (CONSERVATION)
§ 460x–5. Administration, protection, and development
(a) Applicability of provisions; utilization of statutory authorities
The administration, protection, and development of the lakeshore shall be exercised by the Secretary, subject to the provisions of this subchapter and of sections 1, 2, 3, and 4 of this title, 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 by Secretary; required provisions
In the administration, protection, and development of the area, the Secretary shall prepare and implement a land and water use management plan, which shall include specific provisions for—
(1) development of facilities to provide the benefits of public recreation;
(2) protection of scenic, scientific, and historic features contributing to public enjoyment; and
(3) such protection, management, and utilization of renewable natural resources as in the judgment of the Secretary is consistent with, and will further the purpose of, public recreation and protection of scenic, scientific, and historic features contributing to public enjoyment.
(c) Area review by Secretary; report to President; recommendations for preservation of any area within lakeshore as wilderness; designation as a wilderness
Within four years from October 21, 1970, the Secretary of the Interior shall review the area within the Sleeping Bear Dunes National Lakeshore and shall report to the President, in accordance with subsections (c) and (d) of section 1132 of this title, his recommendation as to the suitability or nonsuitability of any area within the lakeshore for preservation as wilderness, and any designation of any such area as a wilderness shall be accomplished in accordance with said subsections.
(d) Public use areas; preservation of rights of owner or occupant of improved property located within public use area
In developing the lakeshore the Secretary shall provide public use areas in such places and manner as he determines will not diminish the value or enjoyment for the owner or occupant of any improved property located thereon.
(Pub. L. 91–479, § 6, Oct. 21, 1970, 84 Stat. 1077.)
16 U.S.C. § 460x–14 (CONSERVATION)
§ 460x–14. Authorization of appropriations; adjustments
There are authorized to be appropriated not more than $84,149,558 for the acquisition of lands and interests in lands and not more than $18,769,000 (June 1970 prices) for development, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the type of construction involved herein.
(Pub. L. 91–479, § 15, Oct. 21, 1970, 84 Stat. 1081; Pub. L. 93–477, title I, § 101(13), Oct. 26, 1974, 88 Stat. 1446; Pub. L. 97–361, § 4, Oct. 22, 1982, 96 Stat. 1724; Pub. L. 98–141, § 5, Oct. 31, 1983, 97 Stat. 909; Pub. L. 98–505, Oct. 19, 1984, 98 Stat. 2337.)
heading: Amendments
text: 1984—Pub. L. 98–505 substituted “$84,149,558” for “$82,149,558”.
1983—Pub. L. 98–141 substituted “$82,149,558” for “$66,153,000”.
1982—Pub. L. 97–361 substituted “$66,153,000” for “$57,753,000”.
1974—Pub. L. 93–477 substituted “$57,753,000” for “$19,800,000”.
heading: Retroactive Statutory Ceilings
text: Pub. L. 97–361, § 7, Oct. 22, 1982, 96 Stat. 1725, provided that: “For purposes of section 7(a)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9(a)(3)), the statutory ceilings on appropriations established by the amendments made by this Act [enacting section 460x–15 and amending sections 460x–9, 460x–11 and 460x–14 of this title] shall be deemed to be statutory ceilings contained in a provision of law enacted prior to the convening of the Ninety-fifth Congress.”
16 U.S.C. § 460y–1 (CONSERVATION)
§ 460y–1. Management of lands
(a) Utilization and development of resources
In the management of lands in the area, the Secretary shall utilize and develop the resources in such a manner as to satisfy all legitimate requirements for the available resources as fully as possible without undue denial of any of such requirements and without undue impairment of any of the resources, taking into consideration total requirement and total availability of resources, irrespective of ownership or location.
(b) Plan of land use, development, and management
The policy set forth in subsection (a) of this section implies—
(1) that there will be a comprehensive, balanced, and coordinated plan of land use, development, and management of the Area, and that such plan will be based on an inventory and evaluation of the available resources and requirements for such resources, and on the topography and other features of the Area.
(2) that the plan will indicate the primary or dominant uses which will be permitted on various portions of the Area.
(3) that the plan will be based on a weighing of the relative values to be obtained by utilization and development of the resources for alternative possible uses, and will be made with the object of obtaining the greatest values on a continuing basis, and that due consideration will be given to intangible values as well as to tangible values such as dollar return or production per unit.
(4) that secondary or collateral uses may be permitted to the extent that such uses are compatible with and do not unduly impair the primary or dominant uses, according to a seasonal schedule or otherwise.
(5) that management of the renewable resources will be such as to obtain a sustained, regular, or periodic yield or supply of products or services without impairment of the productivity, or the enjoyment or carrying capacity of the land.
(6) that the plan will be reviewed and reevaluated periodically.
(7) that the resources to be considered are all the natural resources including but not limited to the soils, bodies of water including the shorelines thereof, forest growth including timber, vegetative cover including forage, fish, and other wildlife, and geological resources including minerals.
(8) that the uses to be considered are all of the legitimate uses of such resources including but not limited to all forms of outdoor recreation including scenic enjoyment, hunting, fishing, hiking, riding, camping, picknicking,1 boating, and swimming, all uses of water resources, watershed management, production of timber and other forest producers, grazing and other agricultural uses, fish and wildlife management, mining, preservation of ecological balance, scientific study, occupancy and access.
(Pub. L. 91–476, § 2, Oct. 21, 1970, 84 Stat. 1067.)
16 U.S.C. § 460y–6 (CONSERVATION)
§ 460y–6. Administration of public lands within Area
Except as may otherwise be provided in this subchapter, the public lands within the area shall be administered by the Secretary under any authority available to him for the conservation, development, and management of natural resources on public lands in California withdrawn by Executive Order Numbered 6910, dated November 26, 1934, to the extent that he finds such authority will further the purposes of this subchapter.
(Pub. L. 91–476, § 7, Oct. 21, 1970, 84 Stat. 1070.)
heading: References in Text
text: Executive Order Numbered 6910, dated November 26, 1934, referred to in text, is not classified to the Code.
16 U.S.C. § 460y–7 (CONSERVATION)
§ 460y–7. Withdrawal of certain public lands for classification; revocation of Executive Order Numbered 5237
The objectives of Executive Order Numbered 5237, dated December 10, 1929, which withdraw certain public lands for classification, having been accomplished by the enactment of this subchapter, that Executive order is hereby revoked effective as of the date the Secretary establishes the area.
(Pub. L. 91–476, § 8, Oct. 21, 1970, 84 Stat. 1070.)
heading: References in Text
text: Executive Order Numbered 5237, dated December 10, 1929, referred to in text, is not classified to the Code.
16 U.S.C. § 460y–9 (CONSERVATION)
§ 460y–9. Authorization of appropriations
(a) There are authorized to be appropriated such sums as may be necessary to accomplish the purposes of this subchapter, but not to exceed $1,500,000 for the purchase of lands and interests in lands and not to exceed $3,500,000 for the construction and improvements.
(b) In addition to any amounts authorized to be appropriated under subsection (a) of this section, there are authorized to be appropriated for fiscal years beginning on or after October 1, 1979, for the acquisition of lands and interests in lands under this subchapter—
(1) from the Land and Water Conservation Fund (established under the Land and Water Conservation Fund Act of 1965 [16 U.S.C. 460l–4 et seq.]) not to exceed $5,000,000, and
(2) from any other sources an amount not to exceed the sum of (A) $5,000,000, and (B) an amount equal to the amount deposited in the Treasury under section 460y–4(3)(B) of this title after August 20, 1978,
such sums to remain available until expended.
(Pub. L. 91–476, § 10, Oct. 21, 1970, 84 Stat. 1071; Pub. L. 95–352, § 2(2), (3), Aug. 20, 1978, 92 Stat. 516.)
heading: References in Text
text: The Land and Water Conservation Fund Act of 1965, referred to in subsec. (b)(1), is Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 897, as amended, which is classified generally to part B (§ 460l–4 et seq.) of subchapter LXIX of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 460l–4 of this title and Tables.
heading: Amendments
text: 1978—Pub. L. 95–352 designated existing provisions as subsec. (a) and added subsec. (b).
16 U.S.C. § 460z–3 (CONSERVATION)
§ 460z–3. Boundary map; revision
The boundaries of the recreation area, as well as the boundaries of the inland sector included therein, shall be as shown on a map entitled “Proposed Oregon Dunes National Recreation Area” dated May 1971, which is on file and available for public inspection in the Office of the Chief, Forest Service, Department of Agriculture, and to which is attached and hereby made a part thereof a detailed description by metes and bounds of the exterior boundaries of the recreation area and of the inland sector. The Secretary may by publication of a revised map or description in the Federal Register correct clerical or typographical errors in said map or descriptions.
(Pub. L. 92–260, § 4, Mar. 23, 1972, 86 Stat. 99.)
heading: Siuslaw National Forest
text: The boundaries of the Siuslaw National Forest were extended by section 6 of Pub. L. 92–260 to include all lands described in accordance with this section. See note set out under sections 486a to 486w of this title.
16 U.S.C. § 460z–4 (CONSERVATION)
§ 460z–4. Transfer of Federal property
Notwithstanding any other provision of law, any Federal property located within the boundaries of the recreation area is hereby transferred without consideration to the administrative jurisdiction of the Secretary for use by him in implementing the purposes of this subchapter, but lands presently administered by the United States Coast Guard or the United States Corps of Engineers may continue to be used by such agencies to the extent required.
(Pub. L. 92–260, § 5, Mar. 23, 1972, 86 Stat. 99.)
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
16 U.S.C. § 460z–10 (CONSERVATION)
§ 460z–10. Advisory Council
(a) Establishment; membership
The Secretary shall establish an advisory council for the Oregon Dunes National Recreation Area, and shall consult on a periodic and regular basis with such council with respect to matters relating to management and development of the recreation area. The members of the advisory council, who shall not exceed fifteen in number, shall serve for individual staggered terms of three years each and shall be appointed by the Secretary as follows:
(i) a member to represent each county in which a portion of the recreation area is located, each such appointee to be designated by the respective governing body of the county involved;
(ii) a member appointed to represent the State of Oregon, who shall be designated by the Governor of Oregon;
(iii) not to exceed eleven members appointed by the Secretary from among persons who, individually or through association with national or local organizations, have an interest in the administration of the recreation area; and
(iv) the Secretary shall designate one member to be Chairman and shall fill vacancies in the same manner as the original appointment.
(b) Private viewpoints
The Secretary shall, in addition to his consultation with the advisory council, seek the views of other private groups and individuals with respect to administration of the recreation area.
(c) Payment of expenses
The members shall not receive any compensation for their services as members of the council, as such, but the Secretary is authorized to pay expenses reasonably incurred by the council in carrying out its responsibilities.
(Pub. L. 92–260, § 12, Mar. 23, 1972, 86 Stat. 102.)
heading: Termination of Advisory Councils
text: Advisory councils in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 460z–11 (CONSERVATION)
§ 460z–11. Area review; report to the President; wilderness designation
Within three years from March 23, 1972, the Secretary shall review the area within the boundaries of the recreation area and shall report to the President, in accordance with section 1132(b) and (d) of this title, his recommendation as to the suitability or nonsuitability of any area within the recreation area for preservation as a wilderness, and any designation of any such area as a wilderness shall be accomplished in accordance with section 1132(b) and (d) of this title.
(Pub. L. 92–260, § 13, Mar. 23, 1972, 86 Stat. 102.)
heading: Codification
text: Section 1132(b) and (d) of this title, the first time appearing in text, was in the original “subsections 3(b) and 3(d) of the Wilderness Act” and, the second time appearing in text, was in the original “said subsection of the Wilderness Act”.
16 U.S.C. § 460z–13 (CONSERVATION)
§ 460z–13. Authorization of appropriations
There are hereby authorized to be appropriated for the acquisition of lands, waters, and interests therein such sums as are necessary, not to exceed $5,750,000. For development of the recreation area, not more than $12,700,000 is authorized to be appropriated.
(Pub. L. 92–260, § 15, Mar. 23, 1972, 86 Stat. 102; Pub. L. 94–578, title III, § 316, Oct. 21, 1976, 90 Stat. 2737.)
heading: Amendments
text: 1976—Pub. L. 94–578 substituted “There are hereby authorized to be appropriated for the acquisition of lands, waters, and interests therein such sums as are necessary, not to exceed $5,750,000” for “Money appropriated from the Land and Water Conservation Fund shall be available for the acquisition of lands, waters, and interests therein within the recreation area, but not more than $2,500,000 is authorized to be appropriated for such purposes”.
16 U.S.C. § 460aa–1 (CONSERVATION)
§ 460aa–1. Administration
(a) Recreation area
The Secretary shall administer the recreation area in accordance with the laws, rules and regulations applicable to the national forests in such manner as will best provide (1) the protection and conservation of the salmon and other fisheries; (2) the conservation and development of scenic, natural, historic, pastoral, wildlife, and other values, contributing to and available for public recreation and enjoyment, including the preservation of sites associated with and typifying the economic and social history of the American West; and (3) the management, utilization, and disposal of natural resources on federally owned lands such as timber, grazing, and mineral resources insofar as their utilization will not substantially impair the purposes for which the recreation area is established.
(b) Wilderness area
The lands designated as the Sawtooth Wilderness Area, which supersedes the Sawtooth Primitive Area, shall be administered in accordance with the provisions of this subchapter and the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.], whichever is more restrictive, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this subchapter.
(Pub. L. 92–400, § 2, Aug. 22, 1972, 86 Stat. 612.)
heading: References in Text
text: The Wilderness Act, referred to in subsec. (b), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.
The effective date of the Wilderness Act, referred to in subsec. (b), means Sept. 3, 1964, the date of enactment of Pub. L. 88–577, which enacted chapter 23 of this title.
The effective date of this subchapter, referred to in subsec. (b), means Aug. 22, 1972, the date of enactment of Pub. L. 92–400, which enacted this subchapter.
16 U.S.C. § 460aa–3 (CONSERVATION)
§ 460aa–3. Private land, regulations
(a) Use, subdivision and development standards; detail and specificity; land differences; amendment; promulgation; civil actions: jurisdiction, complaint, declaratory judgment
The Secretary shall make and publish regulations setting standards for the use, subdivision, and development of privately owned property within the boundaries of the recreation area. Such regulations shall be generally in furtherance of the purposes of this subchapter and shall have the object of assuring that the highest and best private use, subdivision, and development of such privately owned property is consistent with the purposes of this subchapter and with the overall general plan of the recreation area. Such regulations shall be as detailed and specific as is reasonably required to accomplish such objective and purpose. Such regulations may differ amongst the several parcels of private land in the boundaries and may from time to time be amended by the Secretary. All regulations adopted under this section shall be promulgated in conformity with the provisions of subchapter II of chapter 5, and chapter 7, of title 5. The United States District Court for the District of Idaho shall have jurisdiction to review any regulations established pursuant to the first sentence of this subsection, upon a complaint filed within six months after the effective date of such regulations, by any affected landowner in an action for a declaratory judgment.
(b) Condemnation restriction; acquisitions limitation
After publication of such regulations, no privately owned lands shall be acquired by the Secretary by condemnation unless he determines, in his judgment, that such lands are being used, or are in imminent danger of being used, in a manner incompatible with the regulations established pursuant to this section or unless such lands are determined to be necessary for access or development, in which case such acquisitions shall be subject to the 5 per centum limitation established in section 460aa–2(a) of this title.
(Pub. L. 92–400, § 4, Aug. 22, 1972, 86 Stat. 613.)
heading: Codification
text: In subsec. (a), “subchapter II of chapter 5, and chapter 7, of title 5” was substituted for “the Administrative Procedure Act” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
16 U.S.C. § 460aa–4 (CONSERVATION)
§ 460aa–4. Administrative determination of suitability for designation as wilderness areas
The Secretary shall, as soon as practicable after August 22, 1972, review the undeveloped and unimproved portion or portions of the recreation area as to suitability or nonsuitability for preservation as a part of the National Wilderness Preservation System. In conducting his review, the Secretary shall comply with the provisions of section 1132(d) of this title, relating to public notice, public hearings, and review by State and other agencies, and shall advise the Senate and House of Representatives of his recommendations with respect to the designation as wilderness of the area or areas reviewed.
(Pub. L. 92–400, § 5, Aug. 22, 1972, 86 Stat. 614.)
16 U.S.C. § 460aa–8 (CONSERVATION)
§ 460aa–8. Federal-State water rights
The jurisdiction of the State and the United States over waters of any stream included in the recreation area shall be determined by established principles of law. Under the provisions of this subchapter, any taking by the United States of a water right which is vested under either State or Federal law at the time of enactment of this subchapter shall entitle the owner thereof to just compensation. Nothing in this subchapter shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws.
(Pub. L. 92–400, § 9, Aug. 22, 1972, 86 Stat. 614.)
heading: References in Text
text: Time of enactment of this subchapter, referred to in text, means Aug. 22, 1972, the date of enactment of Pub. L. 92–400, which enacted this subchapter.