An Act to provide for the establishment of the Buffalo National River in the State of Arkansas, and for other purposes
PL 92-237 (S.7), enacted 03/01/1972

44 
PUBLIC LAW 92-237-MAR. 1, 1972 
[86 STAT. 
March 1, 1972 
[S. 7] 
Public Law 92-237 
.. 
- 
. '. 
. - . . , ; 
AN ACT 
'I'd i)rovi<l(' for the esfnhlisliineiii: of the Buffalo Xjitioiuil River in the State ()f 
Arkansas, and for other purposes. 
Buffalo National 
River, Ark. 
Establishment. 
Lands and 
waters, acquisi-
tion. 
Retention 
rights. 
Be it enacted hy the Seimte and Iloin^e of RepreHentatireH of the 
United States of Anrenca in Congress assembled. That for the \)\\v-
|)oses of conserving and interpreting an area containing unique scenic 
and scientific features, and preserving as a free-flowing stream an 
impoifant segment of the Buffalo River in Arkansas for the benefit 
and enjoyment of present and future generations, the Secretary of the 
Interior (hereinafter referred to as the "Secretary") may establish 
and administer the Buffalo National River. The boundaries of the 
national river shall be as generally depicted on the drawing entitled 
"Proposed Buffalo National River" numbered NR-BUF-7103 and 
dated December 1967, which shall be on file and available for public 
inspection in the offices of the National Park Service, Department of 
the Interior. The Secretary is authorized to make minor revisions of 
the boundaries of the national river when necessary, after advising 
the Committees on Interior and Insular Affairs of the United States 
House of Representatives and the United States Senate in writing, 
but the total acreage within such boundaries shall not exceed ninety-
five thousand seven hundred and thiity acres. 
SEC. 2. (a) Within the boundaries of the Buffalo National River, 
the Secretary may acquire lands and waters or interests therein by 
donation, purchase or excliange, except that lands owned by the State 
of Arkansas or a political subdivision thereof may be acquired only by 
donation : Provided. That the Secretary may, with funds appropriated 
for development of the area, reimburse such State for its share of the 
cost of facilities developed on State park lands if such facilities were 
developed in a manner approved by the Seci-etary and if the develop-
ment of such facilities commenced subsequent to the enactment of this 
Act: Provided further., Tliat such reimbursement shall not exceed a 
total of $875,000. When an individual tract of land is only partly 
within the boundaries of the national river, the Secretary may acquire 
all of the tract by any of the above methods in order to avoid the pay-
ment of severance costs. Land so acquired outside of the boundaries of 
the national river may be exchanged by the Secretary for non-Federal 
hinds within the national river boundaries, and any portion of the 
hind not utilized for such exchanges may be disposed of in accordance 
with the provisions of the Federal Property and Administrative Serv-
ices Act of 1949 (6a Stat. 877; 40 U.S.C. 471 et seq.), as amended. 
With the concurrence of the agency having custody thereof, any Fed-
eral proj)erty within the boundaries of the national river may be trans-
ferred without consideration to the administrative jurisdiction of the 
Secretary for administration as part of the national river. 
(b) Except for pro])erty which the Secretary determines to be neces-
sary for the purposes of administration, development, access or public 
use, an owner or owners (hereafter referred to as "owner") of any 
improved property which is used solely for noncommercial residential 
purposes on the date of its acquisition by the Secretary or any owner 
of lands used solely for agricultural purposes (including, but not lim-
ited to, grazing) may retain, as a condition of the acquisition of such 
[)roperty or lands, a right of use and occupancy of such property for 
such residential or agricultural purposes. The term of the right 
retained shall expire upon the death of the owner or the death of his 
spouse, whichever occurs later, or in lieu thereof, after a definite term 
which shall not exceed twenty-five years after the date of acquisition. 
The owner shall elect, at the time of con-veyance, the term of the right 
86 STAT.] 
PUBLIC LAW 92-237-MAR. 1, 1972 
45 
reserved. The Secretary shall pay the owner the fair market value of 
the property on the date of such acquisition, less the fair market value 
of the term retained by the owner. Such right may, during its existence, 
be conveyed or transferred, but all rights of use and occupancy shall 
be subject to such terms and conditions as the Secretary deems appro- 
^j-/ As 
priate to assure the use of such property in accordance with the pur-
poses of this Act. Upon a determination that the property, or any 
portion thereof, has ceased to be used in accordance with such terms 
and conditions, the Secretary may terminate the right of use and 
occupancy by tendering to the holder of such right an amount equal to 
the fair market value, as of the date of the tender, of that portion of 
the right which remains unexpired on the date of termination. 
(c) As used in this section the term "improved property" means a 
"improved 
detached year-round one-family dwelling which serves as the owner's ^''°^^'^ ^' 
permanent place of abode at the time of acquisition, and construction 
of which was begun before September 3, 1969, together with so much 
of the land on which the dwelling is situated, the said land being in 
the same ownership as the dwelling, as the Secretary shall designate 
to be reasonably necessary for the enjoyment of the dwelling for the 
sole purpose of noncommercial residential use. 
SEC. 3. The Secretary shall permit hunting and fishing on lands and 
Hunting and 
waters under his jurisdiction within the boundaries of the Buffalo regu'i^tlo^ns!^ ^" 
National Kiver in accordance with applicable Federal and State laws, 
except that he may designate zones where and establish periods when, 
no hunting or fishing shall be permitted for reasons of public safety, 
^ 
administration, fish or wildlife management, or public use and enjoy-
ment. Except in emergencies, any rules and regulations of the Sec-
retary pursuant to this section shall be put into effect only after 
consultation with the Arkansas Fish and Game Commission. 
SEC. 4. The Federal Power Commission shall not license the con- 
^.^t^"" resource 
struction of any dam, water conduit, reservoir, powerhouse, trans- stricuon/^ 
mission line, or other project works under the Federal Power Act 
(41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), on or directly 
49 stat. sea. 
affecting the Buffalo National River and no department or agency of 
the United States shall assist by loan, grant, license, or otherwise in 
the construction of any water resources project that would have a 
direct and adverse effect on the values for which such river is estab-
lished, as determined by the Secretary. Nothing contained in the fore-
going sentence, however, shall preclude licensing of, or assistance to, 
developments below or above the Buffalo National River or on any 
stream tributary thereto which will not invade the area or unreason-
ably diminish the scenic, recreational, and fish and wildlife values 
present in the area on the date of approval of this Act. No department 
« •
- -
or agency of the United States shall recommend authorization of any 
water resources project that would have a direct and adverse effect 
on the values for which such river is established, as determined by 
the Secretary, nor shall such department or agency request appropria-
tions to begin construction on any such project, whether heretofore 
or hereafter authorized, without, at least sixty days in advance, (i) 
advising the Secretary, in writing, of its intention so to do and (ii) 
reporting to the Committees on Interior and Insular Affairs of the 
United States House of Representatives and the United States Sen-
ate, respectively, the nature of the project involved and the manner 
in which such project would conflict with the purposes of this Act 
or would affect the national river and the values to be protected by it 
under this Act. 
SEC. 5. The Secretary shall administer, protect, and develop the Buf- 
Administration. 
falo National River in accordance with the provisions of the Act of 
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), as amended and 
supplemented; except that any other statutory authority available 
46 
PUBLIC LAW 92-238-MAR. 1, 1972 
[86 STAT. 
Area review; 
report to 
President. 
Appropriation. 
to the Secretary for the conservation and management of natural 
resources may be utilized to the extent he finds such authority will fur-
ther the purposes of this Act. 
SEC, 6. Within three years from the date of enactment of this Act, 
the Secretary shall review the area within the boundaries of the 
national river and shall report to the President, in accordance with sub-
sections 3(c) and 3(d) of the Wilderness Act (78 Stat. 890; 16 U.S.C. 
1132 (c) and (d)), his recommendation as to the suitability or non-
suitability of any area within the national river for preservation as a 
wilderness, and any designation of any such area as a wilderness, shall 
be accomplished in accordance with said subsections of the Wilderness 
Act. 
SEC. 7. For the acquisition of lands and interests in lands, there are 
authorized to be appropriated not more than $16,115,000. For develop-
ment of the national river, there are authorized to be appropriated not 
more than $283,000 in fiscal year 1974; $2,923,000 in fiscal year 1975; 
$3,643,000 in fiscal year 1976; $1,262,000 in fiscal year 1977; and 
$1,260,000 in fiscal year 1978. The sums appropriated each year shall 
remain available until expended. 
Approved March 1, 1972. 
Public Law 92-238 
March 1, 1972 
AN ACT 
^ ' 
' 
' 
To provide an Administrative As^sistant to the Cliief .Ixistice of tlie United 
States. 
Courts. 
Chief Justice, 
Administrative 
Assistant. 
62 Stat. 918. 
28 u s e 671. 
81 Stat. 668. 
Be it enacted hy the Seimte and House of RepTesentatires 
of the 
United States of Amenca 
in Congress assembled^ That chapter 45 
of title 28, United States Code, is amended by adding a new section 
providing as follows: 
"§ 677. Administrative Assistant to the Chief Justice 
" (a) The Chief Justice of the L^nited States may appoint an Admin-
istrative Assistant who shall serve at the pleasure of the Chief Jus-
tice and shall perform such duties as may be assigned to him by the 
Chief Justice. The salary payable to the Administrative Assistant 
shall be fixed by the Chief Justice at a rate which shall not exceed the 
salary payable to the Director of the Administrative Office of the 
United States Courts. The Administrative Assistant may elect to 
bring himself within the same retirement program available to the 
Director of the Administrative Office of the United States Courts, as 
provided by section 611 of this title, by filing a written election with 
the Chief Justice within the time and in the manner prescribed by 
section 611. 
"(b) The Administrative Assistant, with the approval of the Chief 
Justice, may appoint and fix the compensation of necessary employ-
ees. The Administrative Assistant and his employees shall be deemed 
employees of the Supreme Court." 
SEC. 2. The section analysis of chapter 45—Supreme Court, of title 
28, United States Code, is amended by adding at the end thereof a new 
section reference as follows: 
•"677. Administrative Assistant to the Chief Justice." 
Approved March 1, 1972.