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(continued)
interests therein identified in paragraph (2)(B), and for
development of essential public facilities, except that such
grants shall be made only for the acquisition of lands, waters,
and interests therein, and related essential public facilities,
for park, recreation, and conservation purposes; and
(B) provide, subject to agreements that in the opinion of the
Secretary will assure additional preservation of the lands and
waters of the zone, such funds as may be necessary to retire
bonded indebtedness for water and sewer and other utilities
already incurred by property owners which in the opinion of the
Secretary would if left outstanding contribute to further
development of the zone in a manner inconsistent with the
approved plan developed by the planning commission.
No grant for acquisition of land may be made under subparagraph (A)
unless the Secretary receives satisfactory assurances that such
lands acquired under subparagraph (A) shall not be converted to
other than park, recreation, and conservation purposes without the
approval of the Secretary and without provision for suitable
replacement land.
(5) Grants under this section shall be made only upon application
of the recipient State and shall be in addition to any other
Federal financial assistance for any other program, and shall be
subject to such terms and conditions as the Secretary deems
necessary to carry out the purposes of this section. Any
jurisdiction that implements changes to the approved plan which are
inconsistent with the purposes of this section, or adopts or
acquiesces in changes to laws, regulations or policies necessary to
implement or protect the approved plan, without approval of the
Secretary, may be liable for reimbursement of all funds previously
granted or available to it under the terms of this section without
regard to such additional terms and conditions or other
requirements of law that may be applicable to such grants. During
the life of the planning commission, changes to the plan must be
submitted by the planning commission to the Secretary for approval.
No such application for a grant may be made after the date five
years from the date of the Secretary's approval of the plan.
(o) Comments on undertakings prior to expenditure of Federal funds
or issuance of licenses or permits
The head of any Federal agency having direct or indirect
jurisdiction over a proposed Federal or federally assisted
undertaking in the lands and waters within the Santa Monica
Mountains Zone, generally depicted on the map referred to in
subsection (c) of this section, and the head of any Federal agency
having authority to license or permit any undertaking in such lands
and waters shall, prior to the approval of the expenditure of any
Federal funds on such undertaking or prior to the issuance of any
license or permit, as the case may be, afford the Secretary a
reasonable opportunity to comment with regard to such undertaking
and shall give due consideration to any comments made by the
Secretary and to the effect of such undertaking on the "findings"
and purposes of this section.
(p) State agency recommendations; consideration
The Secretary shall give full consideration to the
recommendations of the California Department of Parks and
Recreation, the Santa Monica Mountains Comprehensive Planning
Commission, and the California Coastal Commission.
(q) Advisory Commission; establishment and termination; membership;
term; meetings; notice, publication in newspapers; compensation
and expenses; consultations of Secretary with Commission
(1) There is hereby established the Santa Monica Mountains
National Recreation Area Advisory Commission (hereinafter referred
to as the "Advisory Commission"). The Advisory Commission shall
terminate ten years after the date of establishment of the
recreation area.
(2) The Advisory Commission shall be composed of the following
members to serve for terms of five years as follows:
(A) one member appointed by the Governor of the State of
California;
(B) one member appointed by the mayor of the city of Los
Angeles;
(C) one member appointed by the Board of Supervisors of Los
Angeles County;
(D) one member appointed by the Board of Supervisors of Ventura
County; and
(E) nine members appointed by the Secretary, one of whom shall
serve as the Commission Chairperson.
(3) 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. Commission
meetings shall be held at locations and in such a manner as to
insure adequate public involvement. Such locations shall be in the
region of the Santa Monica Mountains and no more than twenty-five
miles from it.
(4) 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 Act on vouchers
signed by the Chairperson.
(5) The Secretary, or his or her designee, shall from time to
time but at least semiannually, meet and consult with the Advisory
Commission on matters relating to the development of this
recreation area and with respect to carrying out the provisions of
this section.
(r) Authorization of appropriations for property acquisitions and
State grants
There are authorized to be appropriated such sums as may be
necessary for acquisition of lands and interests in land within the
boundaries of the recreation area established under this section,
but not more than $15,000,000 for fiscal year 1979, $40,000,000 for
fiscal year 1980, $45,000,000 for fiscal year 1981, $10,000,000 for
fiscal year 1982, and $15,000,000 for fiscal year 1983, such sums
to remain available until expended. For grants to the State
pursuant to subsection (n) of this section there are authorized to
be appropriated not more than $10,000,000 for fiscal year 1979,
$10,000,000 for fiscal year 1980, $5,000,000 for fiscal year 1981,
and $5,000,000 for fiscal year 1982, such sums to remain available
until expended. For the authorizations made in this subsection, any
amounts authorized but not appropriated in any fiscal year shall
remain available for appropriation in succeeding fiscal years.
(s) Authorization of appropriations for public facilities
development
For the development of essential public facilities in the
recreation area there are authorized to be appropriated not more
than $500,000. The Congress expects that, at least until assessment
of the report required by subsection (t) of this section, any
further development of the area shall be accomplished by the State
of California or local units of government, subject to the approval
of the Director, National Park Service.
(t) General management plan; transmission to Congressional
committees
Within two years from the date of establishment of the recreation
area pursuant to this section, the Secretary shall, after
consulting with the Advisory Commission, develop and transmit to
the Committees referred to in subsection (c) of this section a
general management plan for the recreation area consistent with the
objectives of this section. Such plan shall indicate -
(1) a plan for visitor use including the facilities needed to
accommodate the health, safety, education and recreation needs of
the public;
(2) the location and estimated costs of all facilities;
(3) the projected need for any additional facilities within the
area;
(4) any additions or alterations to the boundaries of the
recreation area which are necessary or desirable to the better
carrying out of the purposes of this section; and
(5) a plan for preservation of scenic, archeological and
natural values and of fragile ecological areas.
-SOURCE-
(Pub. L. 95-625, title V, Sec. 507, Nov. 10, 1978, 92 Stat. 3501;
Pub. L. 96-87, title IV, Sec. 401(j), Oct. 12, 1979, 93 Stat. 666;
Pub. L. 96-199, title I, Sec. 118, Mar. 5, 1980, 94 Stat. 71; Pub.
L. 98-572, Oct. 30, 1984, 98 Stat. 2946; Pub. L. 103-437, Sec.
6(d)(5), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 107-236, Secs. 2, 3,
Oct. 9, 2002, 116 Stat. 1483.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (i) and (q)(4), means Pub. L.
95-625, Nov. 10, 1978, 92 Stat. 3467, as amended, known as the
National Parks and Recreation Act of 1978. For complete
classification of this Act to the Code, see Short Title of 1978
Amendment note set out under section 1 of this title and Tables.
-MISC1-
AMENDMENTS
2002 - Subsec. (c)(1). Pub. L. 107-236, Secs. 2(1), 3(1),
substituted " 'Santa Monica Mountains National Recreation Area and
Santa Monica Mountains Zone, California, Boundary Map', numbered
80,047-C and dated August 2001" for " 'Boundary Map, Santa Monica
Mountains National Recreation Area, California, and Santa Monica
Mountains Zone', numbered SMM-NRA 80,000, and dated May 1978" and
"Committee on Resources" for "Committee on Natural Resources".
Subsec. (c)(2)(A). Pub. L. 107-236, Sec. 2(2), inserted after
third sentence "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."
Subsec. (c)(2)(B). Pub. L. 107-236, Sec. 3(2), substituted
"certain federally owned" for "of certain federally owned" in first
sentence.
Subsec. (n)(5). Pub. L. 107-236, Sec. 3(3), substituted "laws,"
for "laws" in second sentence.
1994 - Subsec. (c)(1). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Committee on".
1984 - Subsec. (c)(2). Pub. L. 98-572 designated existing
provisions as subpar. (A), inserted exception clause in third
sentence, and added subpars. (B) and (C).
1980 - Subsec. (q)(2)(E). Pub. L. 96-199 increased from 5 to 9
the number of members appointed by the Secretary of the Interior.
1979 - Subsec. (f)(1). Pub. L. 96-87 substituted "construction of
which was begun before January 1, 1978" for "construction of which
was begun before January 1, 1976".
-CHANGE-
CHANGE OF NAME
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.
-MISC2-
ANTHONY C. BEILENSON VISITOR CENTER
Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 145], Oct.
21, 1998, 112 Stat. 2681-231, 2681-267, provided that: "The
principal visitor center for the Santa Monica Mountains National
Recreation Area, regardless of location, shall be named for Anthony
C. Beilenson and shall be referred to in any law, document or
record of the United States as the 'Anthony C. Beilenson Visitor
Center'."
-CROSS-
"SECRETARY" DEFINED
Secretary means the Secretary of the Interior, see section 2 of
Pub. L. 95-625, set out as a note under section 2503 of this title.
-End-
-CITE-
16 USC SUBCHAPTER XCVI - RATTLESNAKE NATIONAL RECREATION
AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCVI - RATTLESNAKE NATIONAL RECREATION AREA
-HEAD-
SUBCHAPTER XCVI - RATTLESNAKE NATIONAL RECREATION AREA
-End-
-CITE-
16 USC Sec. 460ll 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCVI - RATTLESNAKE NATIONAL RECREATION AREA
-HEAD-
Sec. 460ll. Findings and declaration of policy
-STATUTE-
(a) The Congress finds that -
(1) certain lands on the Lolo National Forest in Montana have
high value for watershed, water storage, wildlife habitat,
primitive recreation, historical, scientific, ecological, and
educational purposes. This national forest area has long been
used as a wilderness by Montanans and by people throughout the
Nation who value it as a source of solitude, wildlife, clean,
free-flowing waters stored and used for municipal purposes for
over a century, and primitive recreation, to include such
activities as hiking, camping, backpacking, hunting, fishing,
horse riding, and bicycling; and
(2) certain other lands on the Lolo National Forest, while not
predominantly of wilderness quality, have high value for
municipal watershed, recreation, wildlife habitat, and ecological
and educational purposes.
(b) Therefore, it is hereby declared to be the policy of Congress
that, to further the purposes of the Wilderness Act of 1964 (16
U.S.C. 1131) and the National Forest Management Act of 1976 (16
U.S.C. 1600), the people of the Nation and Montana would best be
served by national recreation area designation of the Rattlesnake
area to include the permanent preservation of certain of these
lands under established statutory designation as wilderness, and to
promote the watershed, recreational, wildlife, and educational
values of the remainder of these lands.
-SOURCE-
(Pub. L. 96-476, Sec. 1, Oct. 19, 1980, 94 Stat. 2271.)
-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act (16 U.S.C. 1131), referred to in subsec. (b),
is Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which
is classified generally to chapter 23 (Sec. 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 National Forest Management Act of 1976 (16 U.S.C. 1600),
referred to in subsec. (b), is Pub. L. 94-588, Oct. 22, 1976, 90
Stat. 2949, as amended, which enacted sections 472a, 521b, 1600,
and 1611 to 1614 of this title, amended sections 500, 515, 516,
518, 576b, and 1601 to 1610 of this title, repealed sections 476,
513, and 514 of this title, and enacted provisions set out as notes
under sections 476, 513, 528, 594-2, and 1600 of this title. For
complete classification of this Act to the Code, see Short Title of
1976 Amendment note set out under section 1600 of this title and
Tables.
-MISC1-
SHORT TITLE
Pub. L. 96-476, Sec. 1, Oct. 19, 1980, 94 Stat. 2271, provided in
part: "That this Act [enacting this subchapter] may be cited as the
'Rattlesnake National Recreation Area and Wilderness Act of 1980'."
-End-
-CITE-
16 USC Sec. 460ll-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCVI - RATTLESNAKE NATIONAL RECREATION AREA
-HEAD-
Sec. 460ll-1. Rattlesnake Wilderness
-STATUTE-
(a) Designation of area
In furtherance of the purposes of the Wilderness Act (78 Stat.
890; 16 U.S.C. 1131), certain lands within the Rattlesnake National
Recreation Area as designated by this subchapter, which comprise
approximately 33,000 acres as generally depicted as the
"Rattlesnake Wilderness" on a map entitled "Rattlesnake National
Recreation Area and Wilderness - Proposed", and dated October 1,
1980, are hereby designated as wilderness and shall be known as the
Rattlesnake Wilderness.
(b) Administration
Subject to valid existing rights, the Rattlesnake Wilderness as
designated by this subchapter shall be administered by the
Secretary of Agriculture, hereafter referred to as the Secretary,
in accordance with the provisions of the Wilderness Act [16 U.S.C.
1131 et seq.] governing areas designated by that Act as wilderness:
Provided, That any reference in such provisions to the effective
date of the Wilderness Act shall be deemed to be a reference to the
effective date of this subchapter.
-SOURCE-
(Pub. L. 96-476, Sec. 2, Oct. 19, 1980, 94 Stat. 2271.)
-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act, referred to in text, is Pub. L. 88-577, Sept.
3, 1964, 78 Stat. 890, as amended, which is classified generally to
chapter 23 (Sec. 1131 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 1131 of this title and Tables.
The effective date of the Wilderness Act, referred to in subsec.
(b), means Sept. 3, 1964, the date of enactment of Pub. L. 88-577,
which enacted chapter 23 of this title.
The effective date of this subchapter, referred to in subsec.
(b), means Oct. 19, 1980, the date of enactment of Pub. L. 96-476,
which enacted this subchapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460ll-3 of this title.
-End-
-CITE-
16 USC Sec. 460ll-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCVI - RATTLESNAKE NATIONAL RECREATION AREA
-HEAD-
Sec. 460ll-2. Rattlesnake National Recreation Area
-STATUTE-
An area of land as generally depicted as the "Rattlesnake
National Recreation Area" on a map entitled "Rattlesnake National
Recreation area and Wilderness - Proposed", and dated October 1,
1980, is hereby established as the Rattlesnake National Recreation
Area.
-SOURCE-
(Pub. L. 96-476, Sec. 3, Oct. 19, 1980, 94 Stat. 2272.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460ll-3 of this title.
-End-
-CITE-
16 USC Sec. 460ll-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCVI - RATTLESNAKE NATIONAL RECREATION AREA
-HEAD-
Sec. 460ll-3. Land acquisition and exchange
-STATUTE-
(a) Authority of Secretary of Agriculture
Within the boundaries of the Rattlesnake National Recreation Area
and Rattlesnake Wilderness, the Secretary is authorized and
directed to acquire with donated or appropriated funds including
amounts appropriated from the Land and Water Conservation Fund, by
exchange, gift, or purchase, such non-Federal lands, interests, or
any other property, in conformance with the provisions of this
section. Nothing in this subchapter shall be construed to limit or
diminish the existing authority of the Secretary to acquire lands
and interests therein within or contiguous to the Rattlesnake
National Recreation Area or Rattlesnake Wilderness.
(b) Exchange of lands for bidding rights on coal lease sales or
coal lease modifications; bidding rights as monetary credit;
transfer or sale
(1) The Secretary of the Interior, in consultation with the
Secretary of Agriculture, is authorized to consider and consummate
an exchange with the owner of the private lands or interests
therein within or contiguous to the boundaries of the Rattlesnake
National Recreation Area and Rattlesnake Wilderness, as described
in sections 460ll-1 and 460ll-2 of this title, by which the
Secretary of the Interior may accept conveyance of title to these
private lands for the United States and in exchange issue bidding
rights that may be exercised in competitive coal lease sales, or in
coal lease modifications, or both, under sections 2 and 3 of the
Mineral Lands Leasing Act of 1920, as amended (30 U.S.C. 201(a),
203). Any lands so acquired shall become national forest lands
under the jurisdiction of the Secretary of Agriculture to be
managed in accordance with the provisions of this subchapter and
other laws applicable to the management of national forest lands.
Nothing in this subchapter shall be construed to limit or diminish
any existing authority of the Secretaries of the Interior and
Agriculture to acquire private lands and interests therein in the
Rattlesnake National Recreation Area and Rattlesnake Wilderness.
Nothing in this subchapter shall be construed to require any owner
of the lands within or contiguous to the Rattlesnake National
Recreation Area or Rattlesnake Wilderness to accept coal lease
bidding rights in exchange for title to those private lands.
(2) The coal lease bidding rights to be issued may be exercised
as payment of bonus or other payment required of the successful
bidder for a competitive coal lease, or required of an applicant
for a coal lease modification. The bidding rights shall equal the
fair market value of the private lands or interests therein
conveyed in exchange for their issuance. The use and exercise of
the bidding rights shall be subject to the provisions of the
Secretary of the Interior's regulations governing coal lease
bidding rights, to the extent that they are not inconsistent with
this subchapter, that are in effect at the time the bidding rights
are issued.
(3) If for any reason, including but not limited to the failure
of the Secretary of the Interior to offer for lease lands in the
Montana portion of the Powder River Coal Production Region as
defined in the Federal Register of November 9, 1979 (44 F.R.
65196), or the failure of the holder of the bidding rights to
submit a successful high bid for any such leases, any bidding
rights issued in an exchange under this subchapter have not been
exercised within two years from October 31, 1983, the bidding
rights may be used as a monetary credit, which shall be considered
"money" within the meaning of section 35 of the Mineral Lands
Leasing Act of 1920 (30 U.S.C. 191), against that portion of bonus
payments, rental or royalty payments paid into the Treasury of the
United States and retained by the Federal Government on any Federal
coal lease won or otherwise held by the applicant, its successors
or assigns. The holder of the bidding rights shall pay the balance
due on such bonus payments, rental or royalty payments in cash for
transmittal to the States in the same manner and in the same
amounts as though the entire payment were made in cash under the
provisions of the Mineral Leasing Act of 1920 as amended [30 U.S.C.
181 et seq.]. The bidding rights may be transferred or sold at any
time by the owner to any other party with all the rights of the
owner to the credit, and after such transfer, the owner shall
notify the Secretary.
(4) It is the intent of Congress that the exchange of bidding
rights for the private lands or interests therein authorized by
this subchapter shall occur within three years of October 19, 1980.
(5) In order to facilitate the exchange authorized by this
subchapter, the Executive order captioned "Order of Withdrawal", of
June 6, 1929, creating "Coal Reserve No. 1, Montana, No. 1", is
hereby revoked to the extent that it constitutes a withdrawal of
the lands therein from disposal under the Mineral Lands Leasing Act
of 1920, as amended [30 U.S.C. 181 et seq.].
(c) Exchange of lands involving Burlington Northern, Inc.
The exchange of lands involving Burlington Northern, Inc. shall
be in accordance with the agreement entitled "Statement of Intent"
entered into by Burlington Northern, Inc. and the Regional Forester
of the United States Forest Service, Region 1, signed September 18,
1980, and it is the intent of Congress that this exchange shall
occur within three years of October 19, 1980.
(d) Non-Federal lands; water rights
(1) As non-Federal lands and interests in the Rattlesnake
National Recreation Area are acquired, the lands shall become
part of the Rattlesnake National Recreation Area. As non-Federal
lands and interests in the Rattlesnake Wilderness are acquired, the
lands shall become part of the Rattlesnake Wilderness. The
Secretary shall publish from time to time a notice of such
classifications in the Federal Register. It is the intention of
Congress that acquisition of the non-Federal lands shall be
completed no later than three years after October 19, 1980.
(2) Nothing in this subchapter shall be construed to permit the
Secretary to affect or diminish any water right which is vested
under either State or Federal law on October 19, 1980, nor the
rights of the owner of such water right to the customary and usual
access, including necessary motorized use over and along existing
roads and trails to any facilities used in connection therewith,
and the right to operate and maintain such facilities.
(e) Exchange of land owned by Montana Power Company for bidding
rights
The Secretary of the Interior, in consultation with the Secretary
of Agriculture, shall consummate the exchange of the lands owned by
the Montana Power Company within the boundaries of the Rattlesnake
National Recreation Area and Rattlesnake Wilderness by issuing
bidding rights to the Montana Power Company which shall equal the
negotiated cash equivalent of the fair market value of such Montana
Power Company lands, as provided in the agreement of April 4, 1983,
signed by the authorized representatives of the Secretary of
Agriculture, the Secretary of the Interior and the Montana Power
Company, except that adjustments in the "Cash Equivalency Rate"
referred to in said agreement shall not exceed a rate determined by
the Secretary of the Interior taking into consideration the current
average market yield on outstanding marketable obligations of the
United States with remaining periods to maturity comparable to the
remaining period during which the bidding rights may be used.
-SOURCE-
(Pub. L. 96-476, Sec. 4, Oct. 19, 1980, 94 Stat. 2272; Pub. L.
98-140, Sec. 7, Oct. 31, 1983, 97 Stat. 907.)
-REFTEXT-
REFERENCES IN TEXT
Section 2 of the Mineral Lands Leasing Act of 1920, referred to
in subsec. (b)(1), probably means section 2(a) of the Mineral Lands
Leasing Act of 1920, act Feb. 25, 1920, ch. 85, Sec. 2(a), 41 Stat.
438, which enacted section 201(a) of Title 30, Mineral Lands and
Mining. Section 2(b) to (d) of the Mineral Lands Leasing Act of
1920 enacted sections 201(b), 202, and 202(a) of Title 30,
respectively.
The Mineral Lands Leasing Act of 1920, as amended, referred to in
subsec. (b)(3), (5), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as
amended, known as the Mineral Leasing Act, which is classified
generally to chapter 3A (Sec. 181 et seq.) of Title 30. For
complete classification of this Act to the Code, see Short Title
note set out under section 181 of Title 30 and Tables.
-COD-
CODIFICATION
In subsec. (b)(3), "October 31, 1983" substituted for "the date
of enactment of this Act", meaning the date of enactment of Pub. L.
98-140, section 7(a) of which amended generally subsec. (b)(3), as
the probable intent of Congress.
-MISC1-
AMENDMENTS
1983 - Subsec. (b)(3). Pub. L. 98-140, Sec. 7(a), amended par.
(3) generally, substituting "two years from October 31, 1983, the
bidding rights may be used as a monetary credit, which shall be
considered 'money' within the meaning of section 35 of the Mineral
Lands Leasing Act of 1920 (30 U.S.C. 191), against that portion of
bonus payments, rental or royalty payments paid into the Treasury
of the United States and retained by the Federal Government on any
Federal coal lease won or otherwise held by the applicant, its
successors or assigns" for "three years from October 19, 1980, the
holder of the bidding rights may, at its election, use the
outstanding bidding rights as a credit against any royalty, rental,
or advance royalty payments owed to the United States on any
Federal coal lease(s) it may then hold" and inserting provisions
that the holder of the bidding rights shall pay the balance due on
such bonus payments, rental or royalty payments in cash for
transmittal to the States in the same manner and in the same
amounts as though the entire payment were made in cash under the
provisions of the Mineral Leasing Act of 1920 as amended, and that
the bidding rights may be transferred or sold at any time by the
owner to any other party with all the rights of the owner to the
credit, and after such transfer, the owner shall notify the
Secretary.
Subsec. (e). Pub. L. 98-140, Sec. 7(b), added subsec. (e).
-End-
-CITE-
16 USC Sec. 460ll-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCVI - RATTLESNAKE NATIONAL RECREATION AREA
-HEAD-
Sec. 460ll-4. Filing of maps and descriptions
-STATUTE-
As soon as practicable after October 19, 1980, a map and legal
description of the Rattlesnake National Recreational Area and a map
and legal description of the Rattlesnake Wilderness shall be filed
with the Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources
of the United States Senate, and such maps and legal descriptions
shall have the same force and effect as if included in this
subchapter: Provided, however, That correction of clerical and
typographical errors in such legal descriptions and maps may be
made.
-SOURCE-
(Pub. L. 96-476, Sec. 5, Oct. 19, 1980, 94 Stat. 2273.)
-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.
-End-
-CITE-
16 USC Sec. 460ll-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCVI - RATTLESNAKE NATIONAL RECREATION AREA
-HEAD-
Sec. 460ll-5. Authorization of appropriations
-STATUTE-
Effective October 1, 1981, there is hereby authorized to be
appropriated such funds as may be necessary to carry out the
purposes of this subchapter.
-SOURCE-
(Pub. L. 96-476, Sec. 6, Oct. 19, 1980, 94 Stat. 2274.)
-End-
-CITE-
16 USC [SUBCHAPTER XCVII - RESERVED] 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
[SUBCHAPTER XCVII - RESERVED]
-HEAD-
[SUBCHAPTER XCVII - RESERVED]
-End-
-CITE-
16 USC SUBCHAPTER XCVIII - STEESE NATIONAL CONSERVATION
AREA AND WHITE MOUNTAINS NATIONAL RECREATION
AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCVIII - STEESE NATIONAL CONSERVATION AREA AND WHITE
MOUNTAINS NATIONAL RECREATION AREA
-HEAD-
SUBCHAPTER XCVIII - STEESE NATIONAL CONSERVATION AREA AND WHITE
MOUNTAINS NATIONAL RECREATION AREA
-End-
-CITE-
16 USC Sec. 460mm 01/19/04
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCVIII - STEESE NATIONAL CONSERVATION AREA AND WHITE
MOUNTAINS NATIONAL RECREATION AREA
-HEAD-
Sec. 460mm. Establishment of conservation area
-STATUTE-
(a) In general
In order to provide for the immediate and future protection of
the lands in Federal ownership within the framework of a program of
multiple use and sustained yield and for the maintenance of
environmental quality, the Steese National Conservation Area is
hereby established.
(b) Boundaries; special values
The Steese National Conservation Area shall include approximately
one million two hundred twenty thousand acres of public lands, as
generally depicted on the map entitled "Steese National
Conservation Area - proposed", and dated October 1978. Special
values to be considered in planning and management of the area are:
caribou range and Birch Creek.
-SOURCE-
(Pub. L. 96-487, title IV, Sec. 401, Dec. 2, 1980, 94 Stat. 2396.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460mm-1 of this title.
-End-
-CITE-
16 USC Sec. 460mm-1 01/19/04
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCVIII - STEESE NATIONAL CONSERVATION AREA AND WHITE
MOUNTAINS NATIONAL RECREATION AREA
-HEAD-
Sec. 460mm-1. Administration of conservation area
-STATUTE-
(a) Management and use of land; land use plan
Subject to valid existing rights, the Secretary, through the
Bureau of Land Management, shall administer the Steese National
Conservation Area established in section 460mm of this title
pursuant to the applicable provisions of the Federal Land Policy
and Management Act of 1976 [43 U.S.C. 1701 et seq.] dealing with
the management and use of land in Federal ownership, and shall,
within five years of Dec. 2, 1980, develop a land use plan for each
such area, and for the area established in section 460mm-2 of this
title.
(b) Transfer of lands; mineral exploration and development
No public lands within the national conservation area shall be
transferred out of Federal ownership except by exchange pursuant to
section 206 of the Federal Land Policy and Management Act [43
U.S.C. 1716]. Where consistent with the land use plans for the
area, mineral development may be permitted pursuant to the Mineral
Leasing Act of 1920, as amended, and supplemented (30 U.S.C.
181-287) or the Materials Act of 1947, as amended (30 U.S.C.
601-603). Subject to valid existing rights, the minerals in Federal
lands within national conservation areas are hereby withdrawn from
location, entry, and patent under the United States mining laws (30
U.S.C. 22-54). Where consistent with the land use plan for the
area, the Secretary may classify lands within national conservation
areas as suitable for locatable mineral exploration and development
and open such lands to entry, location, and patent under the United
States mining laws (30 U.S.C. 22-54).
(c) Regulation of mining activities
Subject to valid existing rights, all mining claims located
within any such unit shall be subject to such reasonable
regulations as the Secretary may prescribe to assure that mining
will, to the maximum extent practicable, be consistent with
protection of the scenic, scientific, cultural, and other resources
of the area and any patent issued after December 2, 1980, shall
convey title only to the minerals together with the right to use
the surface of lands for mining purposes subject to such reasonable
regulations as the Secretary may prescribe as aforesaid.
-SOURCE-
(Pub. L. 96-487, title IV, Sec. 402, Dec. 2, 1980, 94 Stat. 2396.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (a), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
amended, which is classified principally to chapter 35 (Sec. 1701
et seq.) of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section
1701 of Title 43 and Tables.
The Mineral Leasing Act of 1920, as amended, and supplemented,
referred to in subsec. (b), is act Feb. 25, 1920, ch. 85, 41 Stat.
437, as amended, known as the Mineral Leasing Act, which is
classified generally to chapter 3A (Sec. 181 et seq.) of Title 30,
Mineral Lands and Mining. For complete classification of this Act
to the Code, see Short Title note set out under section 181 of
Title 30 and Tables.
The Materials Act of 1947, as amended, referred to in subsec.
(b), is act July 31, 1947, ch. 406, 61 Stat. 681, as amended, which
is classified generally to subchapter I (Sec. 601 et seq.) of
chapter 15 of Title 30. For complete classification of this Act to
the Code, see Short Title note set out under section 601 of Title
30 and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460mm-3 of this title.
-End-
-CITE-
16 USC Sec. 460mm-2 01/19/04
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCVIII - STEESE NATIONAL CONSERVATION AREA AND WHITE
MOUNTAINS NATIONAL RECREATION AREA
-HEAD-
Sec. 460mm-2. Establishment of recreation area
-STATUTE-
There is hereby established the White Mountains National
Recreation Area containing approximately one million acres of
public lands, as generally depicted on the map entitled "White
Mountains National Recreation Area - proposed", and dated October
1978. Subject to valid existing rights, the Secretary shall
administer the area in accordance with the provisions of section
460mm-4 of this title and other applicable provisions of this Act,
the Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701
et seq.], and other applicable law. In planning for the
recreational use and management of this area, the Secretary shall
work closely with the State of Alaska.
-SOURCE-
(Pub. L. 96-487, title IV, Sec. 403, Dec. 2, 1980, 94 Stat. 2397.)
-REFTEXT-
REFERENCES IN TEXT
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.
The Federal Land Policy and Management Act of 1976, referred to
in text, is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
amended, which is classified principally to chapter 35 (Sec. 1701
et seq.) of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section
1701 of Title 43 and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460mm-1 of this title.
-End-
-CITE-
16 USC Sec. 460mm-3 01/19/04
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCVIII - STEESE NATIONAL CONSERVATION AREA AND WHITE
MOUNTAINS NATIONAL RECREATION AREA
-HEAD-
Sec. 460mm-3. Rights of holders of unperfected mining claims
-STATUTE-
(a) "Unperfected mining claim" defined
The term "unperfected mining claim" as used in this section,
means a mining claim which is located on lands within the
boundaries of the White Mountains National Recreation Area or
Steese National Conservation Area established pursuant to this
subchapter with respect to which a valid mineral discovery within
the meaning of the mining laws of the United States, was not made
as of the date of the withdrawal of such area from further
appropriation under the mining laws of the United States.
(b) Moratorium on contest proceedings
Any holder of an unperfected mining claim seeking to protect such
claim pursuant to this section must have maintained and must
continue to maintain such claim in compliance with applicable
Federal and State laws, and where applicable, must have obtained
and complied with any mining access permit requirements imposed by
the Department of the Interior during the 1979 mining season. Prior
to September 30, 1982, no unperfected mining claim which has been
maintained in accordance with this subsection shall be contested by
the United States for failure to have made a valid mineral
discovery within the meaning of the mining laws of the United
States: Provided, That such claim shall be diligently prosecuted
during this moratorium on contest proceedings as a condition for
the moratorium. Any mining operation undertaken pursuant to this
subsection, including but not limited to exploration, development,
and extraction, shall be subject to such reasonable regulations as
the Secretary may prescribe to assure that such operations will, to
the maximum extend practicable, be consistent with protection of
the scenic, scientific, cultural, and other resources of the Steese
National Conservation Area or the White Mountains National
Recreation Area or any affected conservation system units
established or expanded by this Act.
(c) Valid mineral discovery
If the holder of an unperfected mining claim notifies the
Secretary by filing an application for a patent that, as a result
of mining operations in compliance with the requirements of
subsection (b) of this section, he has made a valid mineral
discovery of such claim within the meaning of the mining laws of
the United States, and if the Secretary determines that such claim
contains a valid mineral discovery, the holder of such claim shall
be entitled to the issuance of a patent only to the minerals in
such claim pursuant to the mining laws of the United States. The
holder of such a patent shall also be entitled to the use of so
much of the surface estate of the lands comprising the claim as may
be necessary for mining purposes: Provided, That all mining
operations conducted upon a claim after such a valid mineral
discovery has been made, shall be in accordance with such
reasonable regulations as may be issued by the Secretary pursuant
to the authority granted in subsection (b) of this section.
(d) Validity determination
If an application for a patent is filed by the holder of an
unperfected mining claim pursuant to subsection (c) of this section
or if a contest proceeding is initiated by the United States after
September 30, 1982, the validity of each claim shall be determined
as of the date of the patent application or September 30, 1982,
whichever is earlier. the holder of an unperfected mining claim not
subject to a patent application filed prior to September 30, 1982,
shall submit to the Secretary within one hundred and eighty days
after such date all mineral data compiled during the contest
proceeding moratorium which would support a valid mineral discovery
within the meaning of the mining laws of the United States. Failure
to submit such data within the one-hundred-and-eighty-day period
shall preclude its consideration in a subsequent determination of
the validity of each affected claim. Except as specifically
provided for in this section, nothing shall alter the criteria
applied under the general mining laws of the United States to
adjudicate the validity of unperfected mining claims.
(e) Access to claims
Pursuant to the provisions of this section and section 3170 of
this title, reasonable access shall be granted to an unperfected
mining claim for purposes of making a valid discovery of mineral
until September 30, 1982.
(f) Preference rights
The holder of any unperfected mining claim which was, prior to
November 16, 1978, located, recorded, and maintained in accordance
with applicable Federal and State laws on lands located within the
boundaries of the Steese National Conservation Area, or the White
Mountains National Recreation Area established by this subchapter,
shall be entitled during a two-year period after the date that the
Secretary exercises his authority under section 460mm-1 or 460mm-4
of this title to open an area containing such claim to mining, (1)
to a preference right to rerecord his claim under applicable law
and to develop such claim under section 460mm-1 of this title or
(2) to obtain a lease to remove nonleasable minerals from the claim
under section 460mm-4 of this title.
-SOURCE-
(Pub. L. 96-487, title IV, Sec. 404, Dec. 2, 1980, 94 Stat. 2397.)
-REFTEXT-
REFERENCES IN TEXT
The mining laws of the United States, referred to in subsecs. (a)
to (d), are classified generally to Title 30, Mineral Lands and
Mining.
This Act, referred to in subsec. (b), 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.
-End-
-CITE-
16 USC Sec. 460mm-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCVIII - STEESE NATIONAL CONSERVATION AREA AND WHITE
MOUNTAINS NATIONAL RECREATION AREA
-HEAD-
Sec. 460mm-4. Administration of recreation area
-STATUTE-
(a) Recreation, conservation, and resource development
The White Mountains National Recreation area established by this
Act shall be administered by the Secretary in order to provide for
public outdoor recreation use and enjoyment and for the
conservation of the scenic, scientific, historic, fish and
wildlife, and other values contributing to public enjoyment of such
area. Except as otherwise provided in this Act, the Secretary shall
administer the recreation area in a manner which in his judgment
will best provide for (1) public outdoor recreation benefits; (2)
conservation of scenic, scientific, historic, fish and wildlife,
and other values contributing to public enjoyment; and (3) such
management, utilization, and disposal of natural resources and the
continuation of such existing uses and developments as will
promote, or are compatible with, or do not significantly impair
public recreation and conservation of the scenic, scientific,
historic, fish and wildlife, or other values contributing to public
enjoyment. In administering the recreation area, the Secretary may
utilize such statutory authorities available to him for the
conservation and management of natural resources as he deems
appropriate for recreation and preservation purposes and for
resource development compatible therewith.
(b) Withdrawal of lands from selection and mining; exceptions
The lands within the recreation area, subject to valid existing
rights, are hereby withdrawn from State selection under the Alaska
Statehood Act or other law, and from location, entry, and patent
under the United States mining laws. The Secretary under such
reasonable regulations as he deems appropriate, may permit the
removal of the nonleasable minerals from lands or interests in
lands within the recreation area in the manner described by section
387 of title 43, and he may permit the removal of leasable minerals
from lands or interests in lands within the recreation areas in
accordance with the mineral leasing laws, if he finds that such (continued)