dreamproit/uscode huggingface dataset:
16 U.S.C. § 410aaa–46 (CONSERVATION)
§ 410aaa–46. Administration
(a) The Secretary shall administer the preserve in accordance with this part and with the provisions of law generally applicable to units of the National Park System, including the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4).1
(b) The Secretary shall permit hunting, fishing, and trapping on lands and waters within the preserve designated by this Act in accordance with applicable Federal and State laws except that the Secretary may designate areas where, and establish periods when, no hunting, fishing, or trapping will be permitted for reasons of public safety, administration, or compliance with provisions of applicable law. Except in emergencies, regulations closing areas to hunting, fishing, or trapping pursuant to this subsection shall be put into effect only after consultation with the appropriate State agency having responsibility for fish and wildlife. Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the States with respect to fish and wildlife on Federal lands and waters covered by this part nor shall anything in this Act be construed as authorizing the Secretary concerned to require a Federal permit to hunt, fish, or trap on Federal lands and waters covered by this part.
(Pub. L. 103–433, title V, § 506, Oct. 31, 1994, 108 Stat. 4490.)
heading: References in Text
text: The Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), 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 Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and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.
This Act, referred to in subsec. (b), is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title.
16 U.S.C. § 410aaa–59 (CONSERVATION)
§ 410aaa–59. No adverse effect on land until acquired
Unless and until acquired by the United States, no lands within the boundaries of wilderness areas or National Park System units designated or enlarged by this Act that are owned by any person or entity other than the United States shall be subject to any of the rules or regulations applicable solely to the Federal lands within such boundaries and may be used to the extent allowed by applicable law. Neither the location of such lands within such boundaries nor the possible acquisition of such lands by the United States shall constitute a bar to the otherwise lawful issuance of any Federal license or permit other than a license or permit related to activities governed by section 100903 of title 54. Nothing in this section shall be construed as affecting the applicability of any provision of section 1865(b) of title 18, subchapter III of chapter 1007 of title 54, the Clean Air Act (42 U.S.C. 7401 et seq.), or regulations applicable to oil and gas development as set forth in 36 CFR 9B.
(Pub. L. 103–433, title V, § 519, Oct. 31, 1994, 108 Stat. 4495.)
heading: References in Text
text: This Act, referred to in text, is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title.
The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
heading: Codification
text: In text, “section 100903 of title 54” substituted for “16 U.S.C. 460l–22(c)” and “section 1865(b) of title 18, subchapter III of chapter 1007 of title 54” substituted for “the Mining in the Parks Act (16 U.S.C. 1901 et seq.)” 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.
16 U.S.C. § 410aaa–72 (CONSERVATION)
§ 410aaa–72. Land tenure adjustments
In preparing land tenure adjustment decisions with the California Desert Conservation Area, of the Bureau of Land Management, the Secretary shall give priority to consolidating Federal ownership within the national park units and wilderness areas designated by this Act.
(Pub. L. 103–433, title VII, § 702, Oct. 31, 1994, 108 Stat. 4497.)
heading: References in Text
text: This Act, referred to in text, is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title.
16 U.S.C. § 410aaa–73 (CONSERVATION)
§ 410aaa–73. Land disposal
Except as provided in section 410aaa–26 of this title, none of the lands within the boundaries of the wilderness or park areas designated under this Act shall be granted to or otherwise made available for use by the Metropolitan Water District or any other agencies or persons pursuant to the Boulder Canyon Project Act (43 U.S.C. 617–619b) or any similar Acts.
(Pub. L. 103–433, title VII, § 703, Oct. 31, 1994, 108 Stat. 4497.)
heading: References in Text
text: This Act, referred to in text, is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title.
The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified generally to subchapter I (§ 617 et seq.) of chapter 12A of Title 43, Public Lands. For complete classification of this Act to the Code, see section 617t of Title 43 and Tables.
16 U.S.C. § 410aaa–74 (CONSERVATION)
§ 410aaa–74. Management of newly acquired lands
Any lands within the boundaries of a wilderness area designated under this Act which are acquired by the Federal Government, shall become part of the wilderness area within which they are located and shall be managed in accordance with all the provisions of this Act and other laws applicable to such wilderness area.
(Pub. L. 103–433, title VII, § 704, Oct. 31, 1994, 108 Stat. 4497.)
heading: References in Text
text: This Act, referred to in text, is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title.
16 U.S.C. § 410aaa–76 (CONSERVATION)
§ 410aaa–76. Federal reserved water rights
(a) Reservation of sufficient water
Except as otherwise provided in section 204 of this Act, with respect to each wilderness area designated by this Act, Congress hereby reserves a quantity of water sufficient to fulfill the purposes of this Act. The priority date of such reserved water rights shall be October 31, 1994.
(b) Protection of rights reserved
The Secretary and all other officers of the United States shall take all steps necessary to protect the rights reserved by this section, including the filing by the Secretary of a claim for the quantification of such rights in any present or future appropriate stream adjudication in the courts of the State of California in which the United States is or may be joined in accordance with section 666 of title 43.
(c) Relinquishment or reduction of rights
Nothing in this Act shall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of California on or before October 31, 1994.
(d) Specific reservation
The Federal water rights reserved by this Act are specific to the wilderness area located in the State of California designated under this Act. Nothing in this Act related to the reserved Federal water rights shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation made thereto.
(Pub. L. 103–433, title VII, § 706, Oct. 31, 1994, 108 Stat. 4498.)
heading: References in Text
text: Section 204 of this Act, referred to in subsec. (a), is section 204 of Pub. L. 103–433, title II, Oct. 31, 1994, 108 Stat. 4485, which is not classified to the Code.
This Act, referred to in subsecs. (a), (c), and (d), is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title.
16 U.S.C. § 410aaa–78 (CONSERVATION)
§ 410aaa–78. Access to private property
The Secretary shall provide adequate access to nonfederally owned land or interests in land within the boundaries of the conservation units and wilderness areas designated by this Act which will provide the owner of such land or interest the reasonable use and enjoyment thereof.
(Pub. L. 103–433, title VII, § 708, Oct. 31, 1994, 108 Stat. 4500.)
heading: References in Text
text: This Act, referred to in text, is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title.
16 U.S.C. § 410aaa–80 (CONSERVATION)
§ 410aaa–80. Land appraisal
Lands and interests in lands acquired pursuant to this Act shall be appraised without regard to the presence of a species listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(Pub. L. 103–433, title VII, § 710, Oct. 31, 1994, 108 Stat. 4501.)
heading: References in Text
text: This Act, referred to in text, is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title.
The Endangered Species Act of 1973, referred to in text, is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
16 U.S.C. § 410aaa–81 (CONSERVATION)
§ 410aaa–81. Juniper Flats
Development of renewable energy generation facilities (excluding rights-of-way or facilities for the transmission of energy and telecommunication facilities and infrastructure) is prohibited on the approximately 27,990 acres of Federal land generally depicted as “BLM Land Unavailable for Energy Development” on the map entitled “Juniper Flats” and dated November 7, 2018.
(Pub. L. 103–433, title VII, § 711, as added Pub. L. 116–9, title I, § 1459, Mar. 12, 2019, 133 Stat. 718.)
heading: Prior Provisions
text: A prior section 410aaa–81, Pub. L. 103–433, title VII, § 711, Oct. 31, 1994, 108 Stat. 4501, which defined the term “this Act” for purposes of titles I through IX of Pub. L. 103–433, was repealed by Pub. L. 116–9, title I, § 1459, Mar. 12, 2019, 133 Stat. 718. See section 3 of Pub. L. 103–433, set out as a Definitions note under section 410aaa of this title.
16 U.S.C. § 410aaa–81a (CONSERVATION)
§ 410aaa–81a. Transfer of land to Anza-Borrego Desert State Park
(a) In general
On termination of all mining claims to the land described in subsection (b), the Secretary shall transfer the land described in that subsection to the State of California.
(b) Description of land
The land referred to in subsection (a) is certain Bureau of Land Management land in San Diego County, California, comprising approximately 934 acres, as generally depicted on the map entitled “Proposed Table Mountain Wilderness Study Area Transfer to the State” and dated November 7, 2018.
(c) Management
(1) In general
The land transferred under subsection (a) shall be managed in accordance with the provisions of the California Wilderness Act (California Public Resources Code sections 5093.30–5093.40).
(2) Withdrawal
Subject to valid existing rights, the land transferred under subsection (a) is withdrawn from—
(A) all forms of entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and geothermal leasing.
(3) Reversion
If the State ceases to manage the land transferred under subsection (a) as part of the State Park System or in a manner inconsistent with the California Wilderness Act (California Public Resources Code sections 5093.30–5093.40), the land shall revert to the Secretary at the discretion of the Secretary, to be managed as a Wilderness Study Area.
(Pub. L. 103–433, title VII, § 712, as added Pub. L. 116–9, title I, § 1451, Mar. 12, 2019, 133 Stat. 710.)
heading: “Secretary” Defined
text: Section 103 of Pub. L. 103–433 provided in part that in this subchapter “Secretary” means the Secretary of the Interior.
16 U.S.C. § 410aaa–81b (CONSERVATION)
§ 410aaa–81b. Wildlife corridors
(a) In general
The Secretary shall—
(1) assess the impacts of habitat fragmentation on wildlife in the California Desert Conservation Area; and
(2) establish policies and procedures to ensure the preservation of wildlife corridors and facilitate species migration.
(b) Study
(1) In general
As soon as practicable, but not later than 2 years, after March 12, 2019, the Secretary shall complete a study regarding the impact of habitat fragmentation on wildlife in the California Desert Conservation Area.
(2) Components
The study under paragraph (1) shall—
(A) identify the species migrating, or likely to migrate 1 in the California Desert Conservation Area;
(B) examine the impacts and potential impacts of habitat fragmentation on—
(i) plants, insects, and animals;
(ii) soil;
(iii) air quality;
(iv) water quality and quantity; and
(v) species migration and survival;
(C) identify critical wildlife and species migration corridors recommended for preservation; and
(D) include recommendations for ensuring the biological connectivity of public land managed by the Secretary and the Secretary of Defense throughout the California Desert Conservation Area.
(3) Rights-of-way
The Secretary shall consider the information and recommendations of the study under paragraph (1) to determine the individual and cumulative impacts of rights-of-way for projects in the California Desert Conservation Area, in accordance with—
(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(C) any other applicable law.
(c) Land management plans
The Secretary shall incorporate into all land management plans applicable to the California Desert Conservation Area the findings and recommendations of the study completed under subsection (b).
(Pub. L. 103–433, title VII, § 713, as added Pub. L. 116–9, title I, § 1452, Mar. 12, 2019, 133 Stat. 711.)
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (b)(3)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The Endangered Species Act of 1973, referred to in subsec. (b)(3)(B), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
heading: “Secretary” Defined
text: Section 103 of Pub. L. 103–433 provided in part that in this subchapter “Secretary” means the Secretary of the Interior.
16 U.S.C. § 410www–4 (CONSERVATION)
§ 410www–4. Entrance or admission fees prohibited
Notwithstanding any other provision of law, no fees shall be charged for entrance or admission to the national historical park or the preservation district established by this subchapter.
(Pub. L. 96–428, § 5, Oct. 10, 1980, 94 Stat. 1842; Pub. L. 115–108, § 2(3), Jan. 8, 2018, 131 Stat. 2267.)
heading: Codification
text: Section was formerly classified to section 460bbbb–4 of this title.
heading: Amendments
text: 2018—Pub. L. 115–108 substituted “national historical park” for “national historic site”.
16 U.S.C. § 410www–5 (CONSERVATION)
§ 410www–5. Authorization of appropriations; limitation on authority
Effective October 1, 1980, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter. Notwithstanding any other provision of this subchapter, authority to enter into contracts, to incur obligations, or to make payments under this subchapter shall be effective only to the extent, and in such amounts, as are provided in advance in appropriation Acts.
(Pub. L. 96–428, § 6, Oct. 10, 1980, 94 Stat. 1842; Pub. L. 102–575, title XL, § 4024(b), Oct. 30, 1992, 106 Stat. 4768.)
heading: Codification
text: Section was formerly classified to section 460bbbb–5 of this title.
heading: Amendments
text: 1992—Pub. L. 102–575 struck out “, but not to exceed $1,000,000 for development, $100,000 for local planning, and $3,500,000 for the acquisition of lands and interests therein” before period at end of first sentence.
16 U.S.C. § 410www–6 (CONSERVATION)
§ 410www–6. Minimizing adverse impacts on preservation district
(a) In order to better integrate the east and west portions of the Martin Luther King, Junior, Preservation District, the Federal Highway Administration, in cooperation with the Georgia Department of Transportation, is hereby directed to insure that any design and reconstruction of the North Interstate 85 and Interstate 75 Expressway over Auburn and Edgewood Avenues in the city of Atlanta, Georgia, and the interchange at Edgewood Avenue, shall minimize the adverse impacts on the preservation district.
(b) In carrying out the provisions of this subsection, the Federal Highway Administration shall require that, where feasible, any major change required for the Auburn Avenue overpass results in a design which permits a wider distance between overpass support structures and the disposition of understructure development rights for appropriate business or recreation uses.
(c) Plans for the construction, exterior renovation, or demolition of any structure or change in land use within the preservation district by the National Park Service or any Federal agency must be submitted to the Atlanta Urban Design Commission in a timely fashion for its review and comment.
(Pub. L. 96–428, § 7, Oct. 10, 1980, 94 Stat. 1842.)
heading: Codification
text: Section was formerly classified to section 460bbbb–6 of this title.
16 U.S.C. § 410www–7 (CONSERVATION)
§ 410www–7. Submission of comprehensive general management plan
Within three complete fiscal years from the effective date of this Act, the Secretary shall submit to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, a comprehensive general management plan for the historic site and the preservation district consistent with the provisions of this subchapter and pursuant to the provisions of section 12(b) 1 of the Act of August 18, 1970 (84 Stat. 825), as amended (16 U.S.C. la–1 et seq.).
(Pub. L. 96–428, § 8, Oct. 10, 1980, 94 Stat. 1843.)
heading: References in Text
text: The effective date of this Act, referred to in text, probably means the date of enactment of Pub. L. 96–428, which was approved Oct. 10, 1980.
Section 12(b) of the Act of August 18, 1970, referred to in text, is section 12(b) of Pub. L. 91–383, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1943, which was formerly classified to section 1a–7(b) of this title and was repealed and restated in section 100502 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3098, 3272.
heading: Codification
text: Section was formerly classified to section 460bbbb–7 of this title.
Pub. L. 115–108, which amended this subchapter by substituting references to the “historical park” for references to the “historic site”, effective Jan. 8, 2018, was not executed to this section in view of the requirement to submit the management plan for the historic site within three complete fiscal years from Oct. 10, 1980.
heading: Change of Name
text: Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.
16 U.S.C. § 410yyy (CONSERVATION)
§ 410yyy. Establishment; acquisition of property
When title to lands commonly known as the “Old Ocmulgee Fields”, upon which certain Indian mounds of great historical importance are located, comprising approximately two thousand acres, in and around the city of Macon, County of Bibb, State of Georgia, as shall be designated by the Secretary of the Interior, in the exercise of his judgment and discretion as necessary for national-monument purposes, shall have been vested in the United States, said area shall be set aside as a national monument, by proclamation of the President, and shall be known as the “Ocmulgee National Monument”: 1 Provided, That the United States shall not purchase by appropriation of public moneys any lands within the aforesaid area, but such lands shall be secured by the United States only by public or private donation.
(June 14, 1934, ch. 519, § 1, 48 Stat. 958.)
heading: Codification
text: Section was formerly classified to section 447a of this title.
heading: Change of Name
text: Ocmulgee National Monument was redesignated Ocmulgee Mounds National Historical Park by Pub. L. 116–9, title II, § 2102(b)(1), Mar. 12, 2019, 133 Stat. 724, which is classified to section 410yyy–3(b)(1) of this title.
heading: Establishment of Monument; Boundaries
text: Monument and boundaries established by Presidential Proc. No. 2212, Dec. 23, 1936, 50 Stat. 1798; Proc. No. 2493, June 13, 1941, 55 Stat. 1655; Pub. L. 102–67, July 9, 1991, 105 Stat. 325.
16 U.S.C. § 410yyy–1 (CONSERVATION)
§ 410yyy–1. Donation of property; condemnation proceedings
The Secretary of the Interior is authorized to accept donations of land, interests in land, buildings, structures, and other property, within the boundaries of said national monument as determined and fixed hereunder and donations of funds for the purchase and/or maintenance thereof, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, That he may acquire on behalf of the United States under any donated funds by purchase when purchasable at prices deemed by him reasonable, otherwise by condemnation under the provisions of section 3113 of title 40, such tracts of land within the said national monument as may be necessary for the completion thereof.
(June 14, 1934, ch. 519, § 2, 48 Stat. 959.)
heading: Codification
text: Section was formerly classified to section 447b of this title.
“Section 3113 of title 40” substituted in text for “the Act of August 1, 1888” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.