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(continued)
purposes of this subchapter, the estimated cost of acquisition,
and the recommended public acquisition agency;
(B) the number of visitors and types of public use within the
recreation area that can be accommodated in accordance with the
full protection of its resources; and
(C) the facilities deemed necessary to accommodate and
provide access for such visitors and uses, including their
location and estimated cost.
(2) Revised plan
(A) In general
Within 3 years after the date funds are made available, the
Secretary shall submit to the committees specified in paragraph
(1) a revised general management plan to provide for the
protection, enhancement, enjoyment, development, and use of the
recreation area.
(B) Public participation
In preparing the revised plan, the Secretary shall encourage
the participation of the State of Georgia and affected
political subdivisions of the State, private landowners,
interested citizens, public officials, groups, agencies,
educational institutions, and other entities.
(d) Federal actions affecting corridor area; procedural
requirements: notification of Secretary, Secretary's
recommendations or notification of Congressional committees,
copies of decisions and recommendations to Congressional
committees; concurrence condition; exemptions
(1) Whenever any Federal department, agency, or instrumentality
proposes to undertake any action, or provide Federal assistance for
any action, or issue any license or permit for an action within the
corridor referred to in section 460ii of this title which may have
a direct and adverse effect on the natural or cultural resources of
the recreation area, the head of such department, agency, or
instrumentality shall -
(A) promptly notify the Secretary of the action at the time it
is planning the action, preparing an environmental assessment
regarding the action, or preparing an environmental impact
statement under the National Environmental Policy Act of 1969 [42
U.S.C. 4321 et seq.] for the action;
(B) provide the Secretary a reasonable opportunity to comment
and make recommendations regarding the effect of the Federal
action on the natural and cultural resources of the recreation
area; and
(C) notify the Secretary of the specific decisions made in
respect to the comments and recommendations of the Secretary.
The requirements of this subsection shall be carried out in
accordance with procedures established by the Federal agency
responsible for undertaking or approving the Federal action. These
procedures may utilize the procedures developed by such Agency
pursuant to the National Environmental Policy Act [42 U.S.C. 4321
et seq.].
(2) Following receipt of notification pursuant to paragraph
(1)(A), the Secretary, after consultation with the Governor of
Georgia, shall make such comments and recommendations as the
Secretary deems appropriate pursuant to paragraph (1)(B) as
promptly as practicable in accordance with the notifying agency's
procedures established pursuant to paragraph (1)(A). In any
instance in which the Secretary does not provide comments and
recommendations under paragraph (1)(B), the Secretary shall notify
in writing, the appropriate committees of Congress.
(3) Following receipt of the notifying agency's decisions
pursuant to paragraph (1)(C), the Secretary shall submit to the
appropriate committees of Congress, including the authorizing
committees with primary jurisdiction for the program under which
the proposed action is being taken, a copy of the notifying
agency's specific decisions made pursuant to paragraph (1)(C),
along with a copy of the comments and recommendations made pursuant
to paragraph (1)(B).
(4) In any instance in which the Secretary has not been notified
of a Federal agency's proposed action within the corridor, and on
his or her own determination finds that such action may have a
significant adverse effect on the natural or cultural resources of
the recreation area, the Secretary shall notify the head of such
Federal agency in writing. Upon such notification by the Secretary,
such agency shall promptly comply with the provisions of
subparagraphs (A), (B), and (C) of paragraph (1) of this
subsection.
(5) Each agency or instrumentality of the United States
conducting Federal action upon federally owned lands or waters
which are administered by the Secretary and which are located
within the authorized boundary of the recreation area shall not
commence such action until such time as the Secretary has concurred
in such action.
(6) The following Federal actions which constitute a major and
necessary component of an emergency action shall be exempt from the
provisions of this subsection -
(A) those necessary for safeguarding of life and property;
(B) those necessary to respond to a declared state of disaster;
(C) those necessary to respond to an imminent threat to
national security; and
(D) those that the Secretary has determined to be not
inconsistent with the general management plan for the recreation
area.
Actions which are part of a project recommended in the study
entitled "Metropolitan Atlanta Water Resources Management Study,
Georgia: Report of Chief of Engineers", dated June 1, 1982, and any
Federal action which pertains to the control of air space, which is
regulated under the Clean Air Act [42 U.S.C. 7401 et seq.], or
which is required for maintenance or rehabilitation of existing
structures or facilities shall also be exempt from the provisions
of this subsection.
-SOURCE-
(Pub. L. 95-344, title I, Sec. 105, Aug. 15, 1978, 92 Stat. 476;
Pub. L. 98-568, Sec. 1(e), Oct. 30, 1984, 98 Stat. 2929; Pub. L.
106-154, Sec. 2(d), (e)(4), Dec. 9, 1999, 113 Stat. 1738, 1739.)
-REFTEXT-
REFERENCES IN TEXT
The Land and Water Conservation Fund Act (78 Stat. 897), as
amended, referred to in subsec. (a)(1), probably means the Land and
Water Conservation Fund Act of 1965, Pub. L. 88-578, Sept. 3, 1964,
78 Stat. 897, as amended, which is classified generally to part B
(Sec. 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.
The convening of the Ninety-sixth Congress, referred to in
subsec. (a)(1), took place on Jan. 15, 1979.
The National Environmental Policy Act of 1969, referred to in
subsec. (d)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 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 Clean Air Act, referred to in subsec. (d)(6), is act July 14,
1955, ch. 360, 69 Stat. 322, as amended, which is classified
generally to chapter 85 (Sec. 7401 et seq.) of Title 42. For
complete classification of this Act to the Code, see Short Title
note set out under section 7401 of Title 42 and Tables.
-MISC1-
AMENDMENTS
1999 - Pub. L. 106-154, Sec. 2(d)(1), inserted section catchline.
Subsec. (a). Pub. L. 106-154, Sec. 2(d)(1), (2), inserted subsec.
heading, designated existing provisions as par. (1), inserted
heading, substituted "$115,000,000" for "$79,400,000" and "this
subchapter" for "this subchapter and chapter 43 of this title", and
added pars. (2) and (3).
Subsec. (c). Pub. L. 106-154, Sec. 2(d)(3), inserted subsec.
heading, designated existing provisions as par. (1), inserted par.
(1) heading, redesignated former pars. (1) to (3) as subpars. (A)
to (C), respectively, substituted "transmit to the Committee on
Resources of the House of Representatives" for "transmit to the
Committee on Interior and Insular Affairs of the United States
House of Representatives", and added par. (2).
Subsec. (c)(1)(A). Pub. L. 106-154, Sec. 2(e)(4), substituted "of
this subchapter" for "of this subchapter and chapter 43 of this
title".
1984 - Subsec. (a). Pub. L. 98-568, Sec. 1(e)(1), substituted
"$79,400,000" for "$72,900,000" and inserted provision respecting
applicable statutory ceiling on appropriations.
Subsec. (c). Pub. L. 98-568, Sec. 1(e)(2), substituted "seven
years" for "three years".
Subsec. (d). Pub. L. 98-568, Sec. 1(e)(3), added subsec. (d).
-End-
-CITE-
16 USC Sec. 460ii-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIII - CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA
-HEAD-
Sec. 460ii-5. Chattahoochee River National Recreation Area Advisory
Commission
-STATUTE-
(a) Establishment; duties; membership: voting members and Park
Superintendent as nonvoting member; Chairman
There is hereby established the Chattahoochee River National
Recreation Area Advisory Commission (hereinafter in this subchapter
referred to as the "Advisory Commission") to advise the Secretary
regarding the management and operation of the area, protection of
resources with the recreation area, and the priority of lands to be
acquired within the recreation area. The Advisory Commission shall
be composed of the following thirteen voting members appointed by
the Secretary:
(1) four members appointed from among individuals recommended
by local governments -
(A) one of whom shall be recommended by the Board of County
Commissioners of Forsyth County;
(B) one of whom shall be recommended by the Board of County
Commissioners of Fulton County;
(C) one of whom shall be recommended by the Board of County
Commissioners of Cobb County; and
(D) one of whom shall be recommended by the Board of County
Commissioners of Gwinnett County;
(2) one member appointed from among individuals recommended by
the Governor of Georgia;
(3) one member appointed from among individuals recommended by
the Atlanta Regional Commission;
(4) four members appointed from among individuals recommended
by a coalition of citizens public interest groups, recreational
users, and environmental organizations concerned with the
protection and preservation of the Chattahoochee River;
(5) one member appointed from among individuals recommended by
the Business Council of Georgia or by a local chamber of commerce
in the vicinity of the recreation area; and
(6) two members who represent the general public, at least one
of whom shall be a resident of one of the counties referred to in
paragraph (1).
In addition, the Park Superintendent for the recreation area shall
serve as a nonvoting member of the Advisory Commission. The
Advisory Commission shall designate one of its members as Chairman.
(b) Terms of office; reappointment
(1) Except as provided in paragraph (2), members of the Advisory
Commission shall serve for terms of three years. Any voting member
of the Advisory Commission may be reappointed for one additional
three-year term.
(2) The members first appointed under paragraph (1) shall serve
for a term of one year. The members first appointed under
paragraphs (2), (3), (5), and (6) shall serve for a term of two
years.
(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. Commission meetings shall be held at locations and in such a
manner as to insure adequate public involvement.
(d) Compensation and expenses
Members of the 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) Termination
The Advisory Commission shall terminate on the date ten years
after October 30, 1984.
-SOURCE-
(Pub. L. 95-344, title I, Sec. 106, as added Pub. L. 98-568, Sec.
1(f), Oct. 30, 1984, 98 Stat. 2931; amended Pub. L. 106-154, Sec.
2(e)(5), (6), Dec. 9, 1999, 113 Stat. 1739.)
-MISC1-
AMENDMENTS
1999 - Subsec. (a). Pub. L. 106-154, Sec. 2(e)(5), substituted
"this subchapter" for "this subchapter and chapter 43 of this
title" in introductory provisions.
Subsec. (d). Pub. L. 106-154, Sec. 2(e)(6), substituted "this
subchapter" for "this subchapter and chapter 43 of this title".
-End-
-CITE-
16 USC SUBCHAPTER XCIV - ARAPAHO NATIONAL RECREATION AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIV - ARAPAHO NATIONAL RECREATION AREA
-HEAD-
SUBCHAPTER XCIV - ARAPAHO NATIONAL RECREATION AREA
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 192b-9 of this title.
-End-
-CITE-
16 USC Sec. 460jj 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIV - ARAPAHO NATIONAL RECREATION AREA
-HEAD-
Sec. 460jj. Establishment
-STATUTE-
(a) In general
An area of land comprising approximately thirty-six thousand two
hundred thirty-five acres located in Grand County, Colorado, within
the Arapaho and the Roosevelt National Forests and the Colorado Big
Thompson project (as generally depicted as the "Arapaho National
Recreation Area" on a map entitled "Indian Peaks Wilderness Area
and Arapaho National Recreation Area", dated July 1978) is
established as the Arapaho National Recreation Area.
(b) Administration
The Secretary shall administer the Arapaho National Recreation
Area, in accordance with the laws and regulations applicable to the
national forests, in such a manner as will best provide for -
(1) public recreation and enjoyment;
(2) the conservation and development of the scenic, natural,
historic, and pastoral values of the area;
(3) the management, utilization, and disposal of natural
resources such as timber, grazing, and mineral resources so that
their utilization will not substantially impair the purposes for
which the recreation area is established; and
(4) the management of water quality in the recreation area
consistent with the development of needed water supply and
waste-water systems, including the control of aquatic vegetation
in the streams, lakes, and reservoirs within the recreation area.
(c) Management plan
The Secretary shall develop an overall management plan for the
Arapaho National Recreation Area. This plan shall be developed in
consultation with State and local political subdivisions and other
interested persons.
-SOURCE-
(Pub. L. 95-450, Sec. 4, Oct. 11, 1978, 92 Stat. 1095.)
-MISC1-
SHORT TITLE
Section 1 of Pub. L. 95-450 provided that: "This Act [enacting
this subchapter and enacting notes set out under this section and
section 1132 of this title] may be cited as the 'Indian Peaks
Wilderness Area, the Arapaho National Recreation Area and the
Oregon Islands Wilderness Area Act'."
LEGISLATIVE FINDINGS; PURPOSES
Section 2 of Pub. L. 95-450 provided that: "The Congress finds
that it is in the national interest -
"(1) to include the land within the Arapaho and the Roosevelt
National Forests known as the Indian Peaks Area in the National
Wilderness Preservation System so as to protect the area's
enduring scenic and historic wilderness character and its unique
wildlife and to preserve the area's scientific, educational,
recreational, and inspirational resources and challenges; and
"(2) to create the Arapaho National Recreation Area within the
Arapaho and the Roosevelt National Forests and the Colorado Big
Thompson project so as to preserve and protect the natural,
scenic, historic, pastoral, and wildlife resources of the area
and to enhance the recreational opportunities provided."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460jj-1, 460jj-7 of this
title.
-End-
-CITE-
16 USC Sec. 460jj-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIV - ARAPAHO NATIONAL RECREATION AREA
-HEAD-
Sec. 460jj-1. Land acquisition
-STATUTE-
(a) Determination of necessity; "scenic easement" defined
(1) The Secretary is authorized to acquire by donation, purchase
with donated or appropriated funds, exchange, or bequest, any lands
or lesser interests therein, including mineral interests and scenic
easements, which the Secretary determines are needed to establish
and manage the Arapaho National Recreation Area. In determining
what private property is needed to establish and manage the Arapaho
National Recreation Area the Secretary shall utilize the approved
county zoning plan to identify those properties whose use or
intended use is not in conformance with the overall intent of this
subchapter.
(2) As used in this section, the term "scenic easement" means the
right to control the use of land in order to carry out this
subchapter, but shall not preclude the continuation of any use that
is compatible with the overall management plan for the Arapaho
National Recreation Area developed pursuant to subsection (c) of
section 460jj of this title.
(b) Privately owned land
In exercising the authority conferred by this section to acquire
lands, the Secretary shall give prompt and careful consideration to
any offer made by an individual owning any land, or interest in
land, within the Arapaho National Recreation Area. In considering
any such offer, the Secretary shall take into consideration any
hardship to the owner which might result from any undue delay in
acquiring the property. Purchases made under this authority shall
be made on a willing buyer, willing seller basis.
(c) Exchange of property; cash equalization
In exercising the authority conferred by this section to acquire
property by exchange, the Secretary may accept title to any
non-Federal land, or interests therein, located within the Arapaho
National Recreation Area and the Secretary may convey in exchange
therefor any federally owned lands or interests inlands within the
State of Colorado which are classified by the Secretary as suitable
for exchange and which are under the Secretary's administrative
jurisdiction. The values of any lands or interests in lands so
exchanged shall be approximately equal, or if they are not
approximately equal, they shall be equalized by the payment of cash
to the grantor or to the Secretary so long as payment does not
exceed 25 per centum of the total value of the land or interest in
land. In utilizing cash equalization in exchanges the Secretary
shall try to reduce the amount of the payment of money to as small
an amount as possible. In the exercise of his exchange authority,
the Secretary may utilize authorities and procedures available to
him in making exchanges of national forest lands.
(d) State land
Any land or interest in land owned by the State of Colorado or
any of its political subdivisions may be acquired only by donation
or exchange.
(e) Transfer of Federal land
Notwithstanding any other provision of law, any Federal lands or
interests in lands located within the Arapaho National Recreation
Area shall be transferred without consideration to the
administrative jurisdiction of the Secretary for use by the
Secretary in carrying out this subchapter. Lands within the Arapaho
National Recreation Area acquired by the Secretary or transferred
to the Secretary's administrative jurisdiction shall become part of
that recreation area and of the national forest within or adjacent
to which they are located: Provided, That the operation and
facilities of the Colorado Big Thompson project shall remain under
the jurisdiction of the United States Bureau of Reclamation.
-SOURCE-
(Pub. L. 95-450, Sec. 5, Oct. 11, 1978, 92 Stat. 1096.)
-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in subsecs. (a) and (e), was in the
original "this Act", meaning Pub. L. 95-450, Oct. 11, 1978, 92
Stat. 1095, which enacted this subchapter and enacted provisions
set out as notes under sections 460jj and 1132 of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 460jj of this title and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460jj-7 of this title.
-End-
-CITE-
16 USC Sec. 460jj-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIV - ARAPAHO NATIONAL RECREATION AREA
-HEAD-
Sec. 460jj-2. Hunting and fishing
-STATUTE-
The Secretary shall permit hunting and fishing on lands and
waters under the Secretary's jurisdiction within the boundaries of
the Arapaho National Recreation Area in accordance with the laws of
the United States and the State of Colorado, except that the
Secretary may designate zones where, and establish periods when, no
hunting or fishing shall be permitted for reasons of public safety,
area general administration, or public use and enjoyment. Except in
emergencies, any regulations made by the Secretary pursuant to this
section shall be put into effect only after consultation with the
appropriate State fish and game department.
-SOURCE-
(Pub. L. 95-450, Sec. 6, Oct. 11, 1978, 92 Stat. 1097.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460jj-7 of this title.
-End-
-CITE-
16 USC Sec. 460jj-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIV - ARAPAHO NATIONAL RECREATION AREA
-HEAD-
Sec. 460jj-3. Permits for facilities and services
-STATUTE-
The Secretary shall cooperate with other Federal agencies, with
State and local public agencies, and with private individuals and
organizations in the issuance of permits for facilities and
services in the Arapaho National Recreation Area and the
development and operation of those facilities and services.
-SOURCE-
(Pub. L. 95-450, Sec. 7, Oct. 11, 1978, 92 Stat. 1097.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460jj-7 of this title.
-End-
-CITE-
16 USC Sec. 460jj-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIV - ARAPAHO NATIONAL RECREATION AREA
-HEAD-
Sec. 460jj-4. Application of State water laws
-STATUTE-
The jurisdiction of the State of Colorado and the United States
over waters of any stream included in the Arapaho National
Recreation Area shall be determined by established principles of
law. 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.
-SOURCE-
(Pub. L. 95-450, Sec. 8, Oct. 11, 1978, 92 Stat. 1097.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460jj-7 of this title.
-End-
-CITE-
16 USC Sec. 460jj-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIV - ARAPAHO NATIONAL RECREATION AREA
-HEAD-
Sec. 460jj-5. Filing of maps
-STATUTE-
As soon as practicable after October 11, 1978, the Secretary
shall file a map and legal description of the Indian Peaks
Wilderness Area and the Arapaho National Recreation Area with the
Committee on Energy and Natural Resources of the Senate and the
Committee on Interior and Insular Affairs of the House of
Representatives and such description shall have the same force and
effect as if included in this subchapter, except that correction of
any clerical or typographical errors in such map and description
may be made. Such map and the map entitled "Indian Peaks Wilderness
Area and Arapaho National Recreation Area", dated July 1978, shall
be on file and made available for public inspection in the offices
of the Chief of the Forest Service, Department of Agriculture.
-SOURCE-
(Pub. L. 95-450, Sec. 9, Oct. 11, 1978, 92 Stat. 1097.)
-CHANGE-
CHANGE OF NAME
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. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460jj-7 of this title.
-End-
-CITE-
16 USC Sec. 460jj-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIV - ARAPAHO NATIONAL RECREATION AREA
-HEAD-
Sec. 460jj-6. State civil and criminal jurisdiction
-STATUTE-
Nothing in this subchapter shall diminish, enlarge, or modify any
right of the State of Colorado, or any political subdivision
thereof, to exercise civil and criminal jurisdiction within the
Indian Peaks Wilderness Area or the Arapaho National Recreation
Area or of rights to tax persons, franchises, or property,
including mineral or other interests, in or on lands or waters
within those areas.
-SOURCE-
(Pub. L. 95-450, Sec. 10, Oct. 11, 1978, 92 Stat. 1098.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460jj-7 of this title.
-End-
-CITE-
16 USC Sec. 460jj-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIV - ARAPAHO NATIONAL RECREATION AREA
-HEAD-
Sec. 460jj-7. Authorization of appropriations
-STATUTE-
Effective October 1, 1979, there are authorized to be
appropriated to carry out sections 1 through 10 of this Act
$5,000,000 for the acquisition of lands and interests in lands and
$5,000,000 for water quality and recreation development. Moneys
appropriated from the Land and Water Conservation Fund shall be
available for the acquisition of lands and interests therein within
the Arapaho National Recreation Area.
-SOURCE-
(Pub. L. 95-450, Sec. 11, Oct. 11, 1978, 92 Stat. 1098.)
-REFTEXT-
REFERENCES IN TEXT
Sections 1 through 10 of this Act, referred to in text, means
sections 1 through 10 of Pub. L. 95-450, Oct. 11, 1978, 92 Stat.
1095, which enacted sections 460jj to 460jj-6 of this title and
enacted provisions set out as notes under sections 460jj and 1132
of this title.
The Land and Water Conservation Fund, referred to in text, was
established by section 460l-5 of this title.
-End-
-CITE-
16 USC SUBCHAPTER XCV - SANTA MONICA MOUNTAINS NATIONAL
RECREATION AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCV - SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA
-HEAD-
SUBCHAPTER XCV - SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA
-End-
-CITE-
16 USC Sec. 460kk 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCV - SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA
-HEAD-
Sec. 460kk. Establishment
-STATUTE-
(a) Findings
The Congress finds that -
(1) there are significant scenic, recreational, educational,
scientific, natural, archeological, and public health benefits
provided by the Santa Monica Mountains and adjacent coastline
area;
(2) there is a national interest in protecting and preserving
these benefits for the residents of and visitors to the area; and
(3) the State of California and its local units of government
have authority to prevent or minimize adverse uses of the Santa
Monica Mountains and adjacent coastline area and can, to a great
extent, protect the health, safety, and general welfare by the
use of such authority.
(b) Establishment; management
There is hereby established the Santa Monica Mountains National
Recreation Area (hereinafter referred to as the "recreation area").
The Secretary shall manage the recreation area in a manner which
will preserve and enhance its scenic, natural, and historical
setting and its public health value as an airshed for the Southern
California metropolitan area while providing for the recreational
and educational need of the visiting public.
(c) Description; boundary revisions: notice to Congressional
committees, publication in Federal Register; acquisition of
property: manner, transfer from Federal agency to administrative
jurisdiction of Secretary, exchange of lands with city of Los
Angeles, development of municipal cultural resource management
program; Nike Site transfer to Secretary
(1) The recreation area shall consist of the lands and waters and
interests generally depicted as the recreation area on the map
entitled "Santa Monica Mountains National Recreation Area and Santa
Monica Mountains Zone, California, Boundary Map", numbered 80,047-C
and dated August 2001, which shall be on file and available for
inspection in the offices of the National Park Service, Department
of the Interior, Washington, District of Columbia, and in the
offices of the General Services Administration in the Federal
Office Building in West Los Angeles, California, and in the main
public library in Ventura, California. After advising the Committee
on Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States
Senate, in writing, the Secretary may make minor revisions of the
boundaries of the recreation area when necessary by publication of
a revised drawing or other boundary description in the Federal
Register.
(2)(A) Not later than ninety days after November 10, 1978, the
Secretary, after consultation with the Governor of the State of
California, the California Coastal Commission, and the Santa Monica
Mountains Comprehensive Planning Commission, shall commence
acquisition of lands, improvements, waters, or interests therein
within the recreation area. Such acquisition may be by donation,
purchase with donated or appropriated funds, transfer from any
Federal agency, exchange, or otherwise. Except as provided in
subparagraph (B), any lands or interests therein owned by the State
of California or any political subdivision thereof (including any
park district or other public entity) may be acquired only by
donation, except that such lands acquired after November 10, 1978,
by the State of California or its political subdivisions may be
acquired by purchase or exchange if the Secretary determines that
the lands were acquired for purposes which further the national
interest in protecting the area and that the purchase price or
value on exchange does not exceed fair market value on the date
that the State acquired the land or interest: Provided, however,
That the value of any lands acquired by the Secretary under the
exception in this sentence shall be deducted from the amount of
moneys available for grants to the State under subsection (n) of
this section. Lands within the "Wildlife Corridor Expansion Zone"
identified on the boundary map referred to in paragraph (1) may be
acquired only by donation or with donated funds. Notwithstanding
any other provision of law, any Federal property located within the
boundaries of the recreation area shall, with the concurrence of
the head of the agency having custody thereof, be transferred
without cost, to the administrative jurisdiction of the Secretary
for the purposes of the recreation area.
(B) The Secretary shall negotiate, and carry out, and exchange
with the city of Los Angeles (acting through its department of
water and power) certain federally owned lands managed by the
Bureau of Land Management in the vicinity of the Haiwee Reservoir
in Inyo County for certain lands owned by the city of Los Angeles
which are associated with the Upper Franklin Reservoir in the city
of Los Angeles. Lands acquired by the Secretary pursuant to such
exchange shall be transferred without cost to the administrative
jurisdiction of the National Park Service for inclusion within the
recreation area. The Secretary shall include in such exchange a
provision for an easement to be granted to the city of Los Angeles
for the existing water pipeline associated with the Upper Franklin
Reservoir and for the city of Los Angeles to provide for
replacement water to maintain the water elevations of the Franklin
Reservoir to the current levels. The values of lands exchanged
under this provision shall be equal, or shall be equalized, in the
same manner as provided in section 1716 of title 43.
(C) The city shall assume full responsibility for the protection
of cultural resources and shall develop a cultural resource
management program for the public lands to be transferred to the
city in the vicinity of the Haiwee Reservoir. The program shall be
developed in consultation with the Secretary of the Interior, the
California State Historic Preservation Officer, and the Advisory
Council on Historic Preservation.
(3) The Administrator of the General Services Administration is
hereby authorized and directed to transfer the site generally known
as Nike Site 78 to the Secretary for inclusion in the recreation
area: Provided, That the county of Los Angeles shall be permitted
to continue to use without charge the facilities together with
sufficient land as in the determination of the Secretary shall be
necessary to continue to maintain and operate a fire suppression
and training facility and shall be excused from payment for any use
of the land and facilities on the site prior to November 10, 1978.
At such time as the county of Los Angeles, California, relinquishes
control of such facilities and adjacent land or ceases the
operation of the fire suppression and training facility, the land
and facilities shall be managed by the Secretary as a part of the
recreation area.
(d) Identification and revision of areas: public ownership for
critical purposes; land and area plan: submission to
Congressional committees
(1) Within six months after November 10, 1978, the Secretary
shall identify the lands, waters, and interests within the
recreation area which must be acquired and held in public ownership
for the following critical purposes: preservation of beaches and
coastal uplands; protection of undeveloped inland stream drainage
basins; connection of existing State and local government parks and
other publicly owned lands to enhance their potential for public
recreation use; protection of existing park roads and scenic
corridors, including such right-of-way as is necessary for the
protection of the Mulholland Scenic Parkway Corridor; protection of
the public health and welfare; and development and interpretation
of historic sites and recreation areas in connection therewith, to
include, but not be limited to, parks, picnic areas, scenic
overlooks, hiking trails, bicycle trails, and equestrian trails.
The Secretary may from time to time revise the identification of
such areas, and any such revisions shall become effective in the
same manner as herein provided for revisions in the boundaries of
the recreation area.
(2) By January 1, 1980, the Secretary shall submit, in writing,
to the committees referred to in subsection (c) of this section and
to the Committees on Appropriations of the United States Congress a
detailed plan which shall indicate -
(A) the lands and areas identified in paragraph (1),
(B) the lands which he has previously acquired by purchase,
donation, exchange, or transfer for the purpose of this
recreation area,
(C) the annual acquisition program (including the level of
funding) recommended for the ensuing five fiscal years, and
(D) the final boundary map for the recreation area.
(e) Improved property and scenic easement acquisitions
With respect to improved properties, as defined in this section,
fee title shall not be acquired unless the Secretary finds that
such lands are being used, or are threatened with uses, which are
detrimental to the purposes of the recreation area, or unless each
acquisition is necessary to fulfill the purposes of this section.
The Secretary may acquire scenic easements to such improved
property or such other interests as, in his judgment are necessary
for the purposes of the recreation area.
(f) "Improved property" defined
For the purposes of this section, the term "improved property"
means -
(1) a detached single-family dwelling, the construction of
which was begun before January 1, 1978 (hereafter referred to as
"dwelling"), together with so much of the land on which the
dwelling is situated as is in the same ownership as the dwelling
and as the Secretary designates to be reasonably necessary for
the enjoyment of the dwelling for the sole purpose of
noncommercial residential use, together with any structures
necessary to the dwelling which are situated on the land so
designated, and
(2) property developed for agricultural uses, together with any
structures accessory thereto as were used for agricultural
purposes on or before January 1, 1978.
In determining when and to what extent a property is to be treated
as "improved property" for purposes of this section, the Secretary
shall take into consideration the manner of use of such buildings
and lands prior to January 1, 1978, and shall designate such lands
as are reasonably necessary for the continued enjoyment of the
property in the same manner and to the same extent as existed prior
to such date.
(g) Owner's reservation of right of use and occupancy for fixed
term of years or life; election of term; fair market value;
termination; notification
The owner of an improved property, as defined in this section, on
the date of its acquisition, as a condition of such acquisition,
may retain for herself or himself, her or his heirs and assigns, a
right of use and occupancy of the improved property for
noncommercial residential or agriculture purposes, as the case may
be, for a definite term of not more than twenty-five years, or, in
lieu thereof, for a term ending at the death of the owner or the
death of her or his spouse, whichever is later. The owner shall
elect the term to be reserved. Unless the property is wholly or
partially donated, the Secretary shall pay to the owner the fair
market value of the property on the date of its acquisition, less
the fair market value on that date of the right retained by the
owner. A right retained by the owner pursuant to this section shall
be subject to termination by the Secretary upon his determination
that it is being exercised in a manner inconsistent with the
purposes of this section, and it shall terminate by operation of
law upon notification by the Secretary to the holder of the right
of such determination and tendering to him the amount equal to the
fair market value of that portion which remains unexpired.
(h) Hardship sale offers
In exercising the authority to acquire property under this
section, the Secretary shall give prompt and careful consideration
to any offer made by an individual owning property within the
recreation area to sell such property, if such individual notifies
the Secretary that the continued ownership of such property is
causing, or would result in, undue hardship.
(i) Administration
The Secretary shall administer the recreation area in accordance
with this Act and provisions of laws generally applicable to units
of the National Park System, including sections 1, 2, 3, and 4 of
this title. In the administration of the recreation area, the
Secretary may utilize such statutory authority available for the
conservation and management of wildlife and natural resources as
appropriate to carry out the purpose of this section. The fragile
resource areas of the recreation area shall be administered on a
low-intensity basis, as determined by the Secretary.
(j) Cooperative agreements for rescue, fire prevention and
firefighting, and law enforcement services
The Secretary may enter into cooperative agreements with the
State of California, or any political subdivision thereof, for the
rendering, on a reimbursable basis, of rescue, firefighting, and
law enforcement services and cooperative assistance by nearby law
enforcement and fire preventive agencies.
(k) Donations
Notwithstanding any other provision of law, the Secretary is
authorized to accept donations of funds, property, or services from
individuals, foundations, corporations, or public entities for the
purpose of land acquisition and providing services and facilities
which the Secretary deems consistent with the purposes of this
section.
(l) Report of Advisory Commission to Secretary
By January 1, 1981, the Santa Monica Mountains National
Recreation Area Advisory Commission, established by this section,
shall submit a report to the Secretary which shall -
(1) assess the capability and willingness of the State of
California and the local units of government to manage and
operate the recreation area,
(2) recommend any changes in ownership, management, and
operation which would better accomplish the purposes of this
section, and
(3) recommend any conditions, joint management agreements, or
other land use mechanisms to be contingent on any transfer of
land.
(m) Report of Secretary to Congressional committees
The Secretary, after giving careful consideration to the
recommendations set forth by the Advisory Commission, shall, by
January 1, 1982, submit a report to the committees referred to in
subsection (c) of this section which shall incorporate the
recommendations of the Advisory Commission as well as set forth the
Secretary's recommendations. Such report shall -
(1) assess the benefits and costs of continued management as a
unit of the National Park System,
(2) assess the capability and willingness of the State of
California and the local units of government to manage and
operate the recreation area, and
(3) recommend any changes in ownership, management, and
operation which would better accomplish the purposes of this
section.
(n) Comprehensive plan; contents; approval considerations;
environmental consultations; grants and funds; assurance and
grant requirements; plan changes: liability for reimbursement of
funds, approval by Secretary
(1) The Secretary shall request the Santa Monica Mountains
Comprehensive Planning Commission to submit a comprehensive plan,
prepared in accord with this section and title 7.75 of the
California Government Code (commencing with section 67450), for the
Santa Monica Mountains Zone generally depicted on the map referred
to in subsection (c) of this section for approval.
(2) The comprehensive plan shall include, in addition to the
requirements of California State law -
(A) an identification and designation of public and private
uses which are compatible with and which would not significantly
impair the significant scenic, recreational, educational,
scientific, natural, archeological, and public health benefits
present in the zone and which would not have an adverse impact on
the recreation area or on the air quality of the south coast air
basin;
(B) a specific minimum land acquisition program which shall
include, but not be limited to, fee and less than fee acquisition
of strategic and critical sites not to be acquired by the Federal
Government for public recreational and other related uses; and a
program for the complementary use of State and local authority to
regulate the use of lands and waters within the Santa Monica
Mountains Zone to the fullest extent practicable consistent with
the purposes of this section; and
(C) a recreation transportation system which may include but
need not be limited to existing public transit.
(3) No plan submitted to the Secretary under this section shall
be approved unless the Secretary finds the plan consistent with
paragraph (2) and finds that -
(A) the planning commission has afforded adequate opportunity,
including public hearings, for public involvement in the
preparation and review of the plan, and public comments were
received and considered in the plan or revision as presented to
him;
(B) the State and local units of government identified in the
plan as responsible for implementing its provisions have the
necessary authority to implement the plan and such State and
local units of government have indicated their intention to use
such authority to implement the plan;
(C) the plan, if implemented, would preserve significant
natural, historical, and archeological benefits and, consistent
with such benefits, provide increased recreational opportunities
for persons residing in the greater Los Angeles-southern
California metropolitan area; and
(D) implementation of the plan would not have a serious adverse
impact on the air quality or public health of the greater Los
Angeles region.
Before making his findings on the air quality and public health
impacts of the plan, the Secretary shall consult with the
Administrator of the Environmental Protection Agency.
(4) Following approval of the plan with respect to the Santa
Monica Mountains Zone, upon receipt of adequate assurances that all
aspects of that jurisdiction's implementation responsibilities will
be adopted and put into effect, the Secretary shall -
(A) provide grants to the State and through the State to local
governmental bodies for acquisition of lands, waters, and (continued)