dreamproit/uscode huggingface dataset:
16 U.S.C. § 410y (CONSERVATION)
§ 410y. Definitions
As used in this subchapter—
(a) “Park” means the Chesapeake and Ohio Canal National Historical Park, as herein established.
(b) “Canal” means the Chesapeake and Ohio Canal, including its towpath.
(c) “Secretary” means the Secretary of the Interior.
(d) “State” means any State, and includes the District of Columbia.
(e) “Local government” means any political subdivision of a State, including a county, municipality, city, town, township, or a school or other special district created pursuant to State law.
(f) “Person” means any individual, partnership, corporation, private nonprofit organization, or club.
(g) “Landowner” means any person, local government, or State owning, or on reasonable grounds professing to own, lands or interests in lands adjacent to or in the vicinity of the park.
(Pub. L. 91–664, § 2, Jan. 8, 1971, 84 Stat. 1978.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 91–664, § 1, Jan. 8, 1971, 84 Stat. 1978, provided: “That this Act [enacting this subchapter] shall be known as the ‘Chesapeake and Ohio Canal Development Act’.”
heading: Dedication to Justice William O. Douglas
text: Pub. L. 95–11, Mar. 15, 1977, 91 Stat. 21, provided:
“That the canal and towpath of the Chesapeake and Ohio Canal National Historical Park are hereby dedicated to Justice William O. Douglas in grateful recognition of his long outstanding service as a prominent American conservationist and for his efforts to preserve and protect the canal and towpath from development.
“Sec. 2. In order to carry out the provisions of this Act, the Secretary of the Interior is authorized and directed to provide such identification by signs, including, but not limited to changes in existing signs, materials, maps, markers, interpretive programs or other means as will appropriately inform the public of the contributions of Justice William O. Douglas.
“Sec. 3. The Secretary of the Interior is further authorized and directed to cause to be erected and maintained, within the exterior boundaries of the Chesapeake and Ohio Canal National Historical Park, an appropriate memorial to Justice William O. Douglas. Such memorial shall be of such design and be located at such place within the park as the Secretary shall determine.
“Sec. 4. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.”
16 U.S.C. § 410gg–2 (CONSERVATION)
§ 410gg–2. Administration; fishing; abolition of Biscayne National Monument; monument incorporated within and made part of park; monument funds and appropriations available for park
(a) The Secretary shall preserve and administer the park in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4),1 as amended and supplemented. The waters within the park shall continue to be open to fishing in conformity with the laws of the State of Florida except as the Secretary, after consultation with appropriate officials of said State, designates species for which, areas and times within which, and methods by which fishing is prohibited, limited, or otherwise regulated in the interest of sound conservation to achieve the purposes for which the park is established: Provided, That with respect to lands donated by the State after the effective date of this subchapter, fishing shall be in conformance with State law.
(b) The Biscayne National Monument, as authorized by the Act of October 18, 1968 (82 Stat. 1188; 16 U.S.C. 450qq), as amended, is abolished as such, and all lands, waters, and interests therein acquired or reserved for such monument are hereby incorporated within and made a part of the park. Any funds available for the purposes of such monument are hereby made available for the purposes of the park, and authorizations of funds for the monument shall continue to be available for the park.
(Pub. L. 96–287, title I, § 103, June 28, 1980, 94 Stat. 600.)
heading: Editorial Notes
heading: References in Text
text: The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4), 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.
The effective date of this subchapter, referred to in subsec. (a), probably means the date of enactment of Pub. L. 96–287, which was approved on June 28, 1980.
Act of October 18, 1968, referred to in subsec. (b), is Pub. L. 90–606, Oct. 18, 1968, 82 Stat. 1188, as amended, which was classified to sections 450qq to 450qq–4 of this title, and was omitted from the Code in view of the abolition of the Biscayne National Monument and its incorporation within the Biscayne National Park pursuant to subsec. (b).
16 U.S.C. § 410hh–3 (CONSERVATION)
§ 410hh–3. Native selections
Valid Native Corporation selections, or lands identified for selection by Regional Corporations pursuant to section 17(d)(2)(E) of the Alaska Native Claims Settlement Act [43 U.S.C. 1616(d)(2)(E)], within the boundaries of the Wrangell-Saint Elias National Park and Preserve as established under this Act, are hereby recognized and shall be honored and conveyed by the Secretary in accordance with the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] and this Act.
(Pub. L. 96–487, title II, § 204, Dec. 2, 1980, 94 Stat. 2384.)
heading: Editorial Notes
heading: References in Text
text: The Alaska Native Claims Settlement Act, referred to in text, is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
This Act, referred to in text, is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
16 U.S.C. § 410jj–7 (CONSERVATION)
§ 410jj–7. Advisory Commission
(a) Establishment; membership
There is hereby established the Kalaupapa National Historical Park Advisory Commission (hereinafter referred to as the “Commission”), which shall consist of eleven members each appointed by the Secretary for a term of five years as follows:
(1) seven members who shall be present or former patients, elected by the patient community; and
(2) four members appointed from recommendations submitted by the Governor of Hawaii, at least one of whom shall be a Native Hawaiian.
(b) 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.
(c) Compensation; expenses
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 Act on vouchers signed by the Chairman.
(d) Functions
The Secretary shall consult with and seek the advice of the Commission with respect to the development and operation of the park including training programs. The Commission shall, in addition, advise the Secretary concerning public visitation to the park, and such advice with respect to numbers of visitors shall be binding upon the Secretary if the Commission certifies to him that such advice is based on a referendum, held under the auspices of the Commission, of all patients on the official Kalaupapa Registry.
(e) Termination
The Commission shall expire on the date that is 45 years after December 22, 1980.
(Pub. L. 96–565, title I, § 108, Dec. 22, 1980, 94 Stat. 3323; Pub. L. 109–54, title I, § 128, Aug. 2, 2005, 119 Stat. 525.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in subsec. (c), is Pub. L. 96–565, Dec. 22, 1980, 94 Stat. 3321, as amended, which enacted this subchapter and provisions set out as a note under section 2991a of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.
heading: Amendments
text: 2005—Subsec. (e). Pub. L. 109–54 substituted “on the date that is 45 years after” for “twenty-five years from”.
16 U.S.C. § 410oo–5 (CONSERVATION)
§ 410oo–5. Advisory Commission
(a) Establishment
There is hereby established the Natchez National Historical Park Advisory Commission (hereinafter in this subchapter referred to as the “Advisory Commission”). The Advisory Commission shall be composed of six members appointed by the Secretary. Two of such members shall be appointed from among individuals nominated by the mayor of Natchez and one from among individuals nominated by the Governor of Mississippi. Two of the members shall have expertise in historic preservation and one shall have expertise in architectural history. Any member of the Advisory Commission appointed for a definite term may serve after the expiration of his term until his successor is appointed. The Advisory Commission shall designate one of its members as Chairperson.
(b) Management and development issues
The Secretary, or his designee, shall from time to time, but at least semiannually, meet and consult with the Advisory Commission on matters relating to the management and development of the park.
(c) Meetings
The Advisory Commission shall meet on a regular basis. Notice of meetings and agenda shall be published in local newspapers which have a distribution which generally covers the area affected by the park. Advisory Commission meetings shall be held at locations and in such a manner as to ensure adequate public involvement.
(d) Expenses
Members of the Advisory Commission shall serve without compensation as such, but the Secretary may pay expenses reasonably incurred in carrying out their responsibilities under this subchapter on vouchers signed by the Chairman.
(e) Charter
The provisions of section 14(b) of the Federal Advisory Committee Act (Act of October 6, 1972; 86 Stat. 776), are hereby waived with respect to this Advisory Commission.
(Pub. L. 100–479, § 6, Oct. 7, 1988, 102 Stat. 2326.)
heading: Editorial Notes
heading: References in Text
text: Section 14(b) of the Federal Advisory Committee Act, referred to in subsec. (e), is section 14(b) of Pub. L. 92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Advisory Commissions
text: Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided for 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. § 410ww–24 (CONSERVATION)
§ 410ww–24. Staff of Commission
(a) Director
The Commission shall have a Director who shall be appointed by the Commission.
(b) Additional personnel
The Commission may appoint and fix the pay of such additional personnel as the Commission deems necessary. Such staff may include specialists in areas such as interpretation, historic preservation, black history and literature, aviation history and technology, and urban revitalization.
(c) Temporary services
Subject to such rules as may be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, but at rates determined by the Commission to be reasonable.
(d) Detail
Upon request of the Commission, the head of any Federal agency represented by a member on the Commission may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under this subchapter.
(e) Administrative support
The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.
(f) State and local services
The Commission may accept the services of personnel detailed from the State or any political subdivision of the State and may reimburse the State or such political subdivision for such services.
(g) Inapplicability of certain provisions of title 5
The director and staff of the Commission may be appointed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for grade GS–15 of the General Schedule.
(Pub. L. 102–419, title II, § 204, Oct. 16, 1992, 106 Stat. 2147.)
heading: Editorial Notes
heading: References in Text
text: Grade GS–15 of the General Schedule, referred to in subsec. (g), is set out under section 5332 of Title 5.
16 U.S.C. § 410aaa–6 (CONSERVATION)
§ 410aaa–6. Death Valley National Park Advisory Commission
(a) Establishment
The Secretary shall establish an Advisory Commission of no more than fifteen members, to advise the Secretary concerning the development and implementation of a new or revised comprehensive management plan for Death Valley National Park.
(b) Membership
(1) The advisory commission shall include an elected official for each County within which any part of the park is located, a representative of the owners of private properties located within or immediately adjacent to the park, and other members representing persons actively engaged in grazing and range management, mineral exploration and development, and persons with expertise in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park resources and values.
(2) Vacancies in the advisory commission shall be filled by the Secretary so as to maintain the full diversity of views required to be represented on the advisory commission.
(c) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act shall apply to the procedures and activities of the advisory commission.
(d) Termination
The advisory commission shall cease to exist ten years after the date of its establishment.
(Pub. L. 103–433, title III, § 307, Oct. 31, 1994, 108 Stat. 4487.)
heading: Editorial Notes
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 410aaa–21 (CONSERVATION)
§ 410aaa–21. Findings
The Congress finds that—
(1) a proclamation by President Franklin Roosevelt in 1936 established Joshua Tree National Monument to protect various objects of historical and scientific interest;
(2) Joshua Tree National Monument today is recognized as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors;
(3) the monument boundaries as modified in 1950 and 1961 exclude and thereby expose to incompatible development and inconsistent management, contiguous Federal lands of essential and superlative natural, ecological, archeological, paleontological, cultural, historical, and wilderness values;
(4) Joshua Tree National Monument should be enlarged by the addition of contiguous Federal lands of national park caliber, and afforded full recognition and statutory protection as a National Park; and
(5) the nondesignated wilderness within Joshua Tree should receive statutory protection by designation pursuant to the Wilderness Act [16 U.S.C. 1131 et seq.].
(Pub. L. 103–433, title IV, § 401, Oct. 31, 1994, 108 Stat. 4487.)
heading: Editorial Notes
heading: References in Text
text: The Wilderness Act, referred to in par. (5), 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.
16 U.S.C. § 410aaa–26 (CONSERVATION)
§ 410aaa–26. Utility rights-of-way
Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities in such right-of-way, issued, granted, or permitted to the Metropolitan Water District pursuant to the Boulder Canyon Project Act (43 U.S.C. 617–619b), which is located on lands included in the Joshua Tree National Park, but outside lands designated as wilderness under section 601(a)(2). Such activities shall be conducted in a manner which will minimize the impact on park resources. Nothing in this part shall have the effect of terminating the fee title to lands or customary operation, maintenance, repair, and replacement activities on or under such lands granted to the Metropolitan Water District pursuant to the Act of June 18, 1932 (47 Stat. 324), which are located on lands included in the Joshua Tree National Park, but outside lands designated as wilderness under section 601(a)(2). Such activities shall be conducted in a manner which will minimize the impact on park resources. The Secretary shall prepare within one hundred and eighty days after October 31, 1994, in consultation with the Metropolitan Water District, plans for emergency access by the Metropolitan Water District to its lands and rights-of-way.
(Pub. L. 103–433, title IV, § 406, Oct. 31, 1994, 108 Stat. 4488.)
heading: Editorial Notes
heading: References in Text
text: 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.
Section 601(a)(2), referred to in text, is section 601(a)(2) of Pub. L. 103–433, which enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title.
Act of June 18, 1932 (47 Stat. 324), referred to in text, is not classified to the Code.
16 U.S.C. § 410aaa–27 (CONSERVATION)
§ 410aaa–27. Joshua Tree National Park Advisory Commission
(a) Establishment
The Secretary shall establish an Advisory Commission of no more than fifteen members, to advise the Secretary concerning the development and implementation of a new or revised comprehensive management plan for Joshua Tree National Park.
(b) Membership
(1) The advisory commission shall include an elected official for each County within which any part of the park is located, a representative of the owners of private properties located within or immediately adjacent to the park, and other members representing persons actively engaged in grazing and range management, mineral exploration and development, and persons with expertise in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park resources and values.
(2) Vacancies in the advisory commission shall be filled by the Secretary so as to maintain the full diversity of views required to be represented on the advisory commission.
(c) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act shall apply to the procedures and activities of the advisory commission.
(d) Termination
The advisory commission shall cease to exist ten years after the date of its establishment.
(Pub. L. 103–433, title IV, § 407, Oct. 31, 1994, 108 Stat. 4489.)
heading: Editorial Notes
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 410aaa–41 (CONSERVATION)
§ 410aaa–41. Findings
The Congress hereby finds that—
(1) Death Valley and Joshua Tree National Parks, as established by this Act, protect unique and superlative desert resources, but do not embrace the particular ecosystems and transitional desert type found in the Mojave Desert area lying between them on public lands now afforded only impermanent administrative designation as a national scenic area;
(2) the Mojave Desert area possesses outstanding natural, cultural, historical, and recreational values meriting statutory designation and recognition as a unit of the National Park System;
(3) the Mojave Desert area should be afforded full recognition and statutory protection as a national preserve;
(4) the wilderness within the Mojave Desert should receive maximum statutory protection by designation pursuant to the Wilderness Act [16 U.S.C. 1131 et seq.]; and
(5) the Mojave Desert area provides an outstanding opportunity to develop services, programs, accommodations and facilities to ensure the use and enjoyment of the area by individuals with disabilities, consistent with section 794 of title 29, Public Law 101–336, the Americans With 1 Disabilities Act of 1990 [42 U.S.C. 12101 et seq.], and other appropriate laws and regulations.
(Pub. L. 103–433, title V, § 501, Oct. 31, 1994, 108 Stat. 4489.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in par. (1), 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 Wilderness Act referred to in par. (4), 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 Americans with Disabilities Act of 1990, referred to in par. (5), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§ 12101 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 12101 of Title 42 and Tables.