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(continued)
(B) minimize costs where practicable, and avoid unnecessary
duplication of regulations;
(C) take into account and allow for variations among, and
contingencies in, fisheries, fishery resources, and catches;
and
(D) be designed to achieve an escapement that preserves and
strengthens the viability of the Area's natural anadromous fish
populations.
(c) Membership and appointment
The Council is composed of 11 members as follows:
(1) A representative, who shall be appointed by the Governor of
California, of each of the following:
(A) The commercial salmon fishing industry.
(B) The in-river sportfishing community.
(C) The offshore recreational fishing industry.
(D) The California Department of Fish and Game.

(2) A representative of the Hoopa Indian Tribe who shall be
appointed by Hoopa Valley Business Council.
(3) A representative, who shall be appointed by the Secretary,
of each of the following:
(A) The non-Hoopa Indians residing in the Area.
(B) The Department of the Interior.

(4) A representative, who shall be appointed by the Secretary
of Commerce, of each of the following -
(A) The National Marine Fisheries Service.
(B) The Pacific Fishery Management Council.

(5) A representative, who shall be appointed by the Governor of
Oregon, of each of the following:
(A) The commercial salmon fishing industry.
(B) The Oregon Department of Fish and Wildlife.
(d) Consultation requirement
The appointments required under subsection (c) of this section
shall be made in consultation with the appropriate users of Area
anadromous fish resources.
(e) Qualifications
Council members shall be individuals who are knowledgable (!1)
and experienced in the management and conservation, or the
recreational or commercial harvest, of the anadromous fish
resources in Northern California.

(f) Terms
(1) In general
The term of a member is 4 years.
(2) Service
Members of the Council serve at the pleasure of the appointing
authority.
(3) Vacancies
Any vacancy on the Council shall be filled in the manner in
which the original appointment was made. Any member appointed to
fill a vacancy occurring before the expiration of the term for
which his predecessor was appointed shall be appointed only for
the remainder of such term. A member may serve after the
expiration of his term until his successor has taken office.
(g) Transaction of business
(1) Procedures
The Council shall establish practices and procedures for the
carrying out of its functions under subsection (b) of this
section. The procedures shall include requirements that -
(A) a quorum of the Council must be present before business
may be transacted; and
(B) no comprehensive plan or recommendation referred to in
subsection (b)(1)(A) or (B) of this section may be adopted by
the Council except by the unanimous vote of all members present
and voting.
(2) Chairman
The Council shall elect a Chairman from among its members.
(3) Meetings
The Council shall meet at the call of the Chairman or upon the
request of a majority of its members.
(h) Staff and administration
(1) Administrative support
The Secretary and the Director of the California Department of
Fish and Game shall provide the Council with such administrative
and technical support services as are necessary for the effective
functioning of the Council.
(2) Information
The Secretary and the Director of the California Department of
Fish and Game shall furnish the Council with relevant information
concerning the Area.
(3) Organization
The Council shall determine its organization, and prescribe the
practices and procedures for carrying out its functions under
subsection (b) of this section.
(i) Federal or State employees
Any Council member who is an officer or employee of the United
States, the State of California, or the State of Oregon at the time
of appointment to the Council shall cease to be a Council member
within 14 days after the date on which he ceases to be so employed.
(j) Expenses
(1) Travel expenses
While away from their homes or regular places of business in
the performance of services for the Council, Council members
shall be allowed travel expenses, including a per diem allowance
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed travel
expenses under section 5703 of title 5. Any Council member who is
an employee of an agency or governmental unit and is eligible for
travel expenses from that agency or unit for performing services
for the Council is not eligible for travel expenses under this
paragraph.
(2) Limitation on spending authority
No money authorized to be appropriated under section 460ss-5 of
this title may be used to reimburse any agency or governmental
unit (whose employees are Council members) for time spent by any
such employee performing Council duties.

-SOURCE-
(Pub. L. 99-552, Sec. 3, Oct. 27, 1986, 100 Stat. 3082; Pub. L.
100-653, title VI, Secs. 602(a), 603(1), (2), Nov. 14, 1988, 102
Stat. 3830.)


-MISC1-
AMENDMENTS
1988 - Subsec. (g)(1). Pub. L. 100-653, Sec. 602(a), substituted
"Procedures" for "Decisions of Council" as par. heading and amended
text generally. Prior to amendment, text read as follows: "All
decisions of the Council must be by unanimous vote of all of the
members."
Subsec. (i). Pub. L. 100-653, Sec. 603(1), substituted ", the
State of California, or the State of Oregon" for "or the State of
California".
Subsec. (j)(1). Pub. L. 100-653, Sec. 603(2), inserted provision
at end that any Council member who is employee of agency or
governmental unit and is eligible for travel expenses from that
agency or unit for performing services for Council not be eligible
for travel expenses under this par.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460ss-5 of this title.

-FOOTNOTE-
(!1) So in original. Probably should be "knowledgeable".


-End-



-CITE-
16 USC Sec. 460ss-3 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CIV - KLAMATH RIVER CONSERVATION AREA

-HEAD-
Sec. 460ss-3. Klamath River Basin Fisheries Task Force

-STATUTE-
(a) Establishment
There is established a Klamath River Basin Fisheries Task Force
(hereafter in this subchapter referred to as the "Task Force").
(b) Functions
The Task Force -
(1) shall assist the Secretary in the formulation,
coordination, and implementation of the program;
(2) shall assist, and coordinate its activities with, Federal,
State, and local governmental or private anadromous fish
restoration projects within the Area;
(3) shall conduct any other activity that is necessary to
accomplish the objectives of the program; and
(4) may act as an advisor to the Council.
(c) Membership and appointment
The Task Force is composed of 14 members as follows:
(1) A representative, who shall be appointed by the Governor of
California, of each of the following:
(A) The commercial salmon fishing industry.
(B) The in-river sport fishing community.
(C) The California Department of Fish and Game.

(2) A representative of the Hoopa Indian Tribe who shall be
appointed by the Hoopa Valley Business Council.
(3) A representative of the Department of the Interior who
shall be appointed by the Secretary.
(4) A representative of the National Marine Fisheries Service
who shall be appointed by the Secretary of Commerce.
(5) A representative of the Department of Agriculture who shall
be appointed by the Secretary of Agriculture.
(6) A representative of the Oregon Department of Fish and
Wildlife who shall be appointed by the Governor of Oregon.
(7) One individual who shall be appointed by the Board of
Supervisors of Del Norte County, California.
(8) One individual who shall be appointed by the Board of
Supervisors of Siskiyou County, California.
(9) One individual who shall be appointed by the Board of
Supervisors of Humboldt County, California.
(10) One individual who shall be appointed by the Board of
Supervisors of Trinity County, California.
(11) A representative of the Karuk Tribe, who shall be
appointed by the governing body of the Tribe,(!1)

(12) A representative of the Yurok Tribe, who shall be
appointed by the Secretary until such time as the Yurok Tribe is
organized upon which time the Yurok Tribe shall appoint such
representative beginning with the first appointment ordinarily
occurring after the Yurok Tribe is organized (!2)

(d) Council membership not a bar to Task Force appointment
An individual who is a member of the Council is not ineligible
for appointment as a member of the Task Force.
(e) Terms
(1) In general
The term of a member of the Task Force is 4 years.
(2) Service
Members of the Task Force serve at the pleasure of the
appointing authorities.
(3) Vacancies
Any vacancy on the Task Force shall be filled in the manner in
which the original appointment was made. Any member appointed to
fill a vacancy occurring before the expiration of the term for
which his predecessor was appointed shall be appointed only for
the remainder of such term. A member may serve after the
expiration of his term until his successor has taken office.
(f) Transaction of business
(1) Procedures
The Task Force shall establish practices and procedures for the
carrying out of its functions under subsection (b) of this
section. The procedures shall include the requirement that a
quorum of the Task Force must be present before business may be
transacted.
(2) Chairman
The members of the Task Force shall select a Chairman from
among its members.
(3) Meetings
The Task Force shall meet at the call of the Chairman or upon
the request of a majority of its members.
(g) Staff and administration
(1) Administrative support
The Secretary and the Director of the California Department of
Fish and Game shall provide the Task Force with the
administrative and technical support services necessary for the
effective functioning of the Task Force.
(2) Information
The Secretary and the Director of the California Department of
Fish and Game shall furnish the members of the Task Force with
relevant information concerning the Area.
(3) Organization
The Task Force shall determine its organization, and prescribe
the practices and procedures for carrying out its functions under
subsection (b) of this section.
(h) Members who are Federal or State employees
Any Task Force member who is an officer or employee of the United
States, the State of California, or the State of Oregon at the time
of appointment to the Task Force shall cease to be a member of the
Task Force within 14 days of the date on which he ceases to be so
employed.
(i) Expenses
(1) Travel expenses
While away from their homes or regular places of business in
the performance of services for the Task Force, Task Force
members shall be allowed travel expenses, including a per diem
allowance in lieu of subsistence, in the same manner as persons
employed intermittently in the Government service are allowed
travel expenses under section 5703 of title 5. Any Task Force
member who is an employee of an agency or governmental unit and
is eligible for travel expenses from that agency or unit for
performing services for the Task Force is not eligible for travel
expenses under this paragraph.
(2) Limitation on spending authority
No money authorized to be appropriated under section 460ss-5 of
this title may be used to reimburse any agency or governmental
unit (whose employees are Task Force members) for time spent by
any such employee performing Task Force duties.
(j) Membership increase upon program expansion
At such time as the program is expanded to include portions of
the Klamath River upstream from the Iron Gate dam, membership on
the Task Force shall be increased to include the following -
(1) One individual who shall be appointed by the Commissioners
of Klamath County, Oregon.
(2) A representative of the Klamath Tribe, who shall be
appointed by the governing body of the Tribe.

-SOURCE-
(Pub. L. 99-552, Sec. 4, Oct. 27, 1986, 100 Stat. 3084; Pub. L.
100-580, Sec. 12(a), Oct. 31, 1988, 102 Stat. 2935; Pub. L.
100-653, title VI, Secs. 601, 602(b), 603(1), Nov. 14, 1988, 102
Stat. 3829, 3830; Pub. L. 102-570, Sec. 2, Oct. 29, 1992, 106 Stat.
4490.)


-MISC1-
AMENDMENTS
1992 - Subsec. (j). Pub. L. 102-570 added subsec. (j).
1988 - Subsec. (c). Pub. L. 100-580, Sec. 12(a)(A), substituted
"14" for "12" in introductory provisions.
Subsec. (c)(11), (12). Pub. L. 100-580, Sec. 12(a)(B), added
pars. (11) and (12).
Subsec. (f)(1). Pub. L. 100-653, Sec. 602(b), substituted
"Procedures" for "Decisions of Task Force" as par. heading and
amended text generally. Prior to amendment, text read as follows:
"All decisions of the Task Force must be by unanimous vote of all
the members."
Subsec. (h). Pub. L. 100-653, Sec. 603(1), substituted ", the
State of California, or the State of Oregon" for "or the State of
California".
Subsec. (i). Pub. L. 100-653, Sec. 601, substituted "Expenses"
for "Limitation on spending authority" in heading and amended text
generally, designating existing provisions as par. (2) and adding
par. (1).

SPECIAL RULE
Section 12(b) of Pub. L. 100-580 provided that: "The initial term
of the representative appointed pursuant to section 4(c)(11) and
(12) of such Act [16 U.S.C. 460ss-3(c)(11), (12)] (as added by the
amendment made by subsection (a)) shall be for that time which is
the remainder of the terms of the members of the Task Force then
serving. Thereafter, the term of such representatives shall be as
provided in section 4(e) of such Act."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460ss-1, 460ss-5 of this
title.

-FOOTNOTE-


(!1) So in original. The comma probably should be a period.



(!2) So in original. Probably should be followed by a period.


-End-



-CITE-
16 USC Sec. 460ss-4 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CIV - KLAMATH RIVER CONSERVATION AREA

-HEAD-
Sec. 460ss-4. Enforcement

-STATUTE-
(a) Memorandum of agreement (!1)

In order to strengthen and facilitate the enforcement of Area
fishery harvesting regulations, the Secretary shall enter into a
memorandum of agreement with the California Department of Fish and
Game. Such agreement shall specify the enforcement activities
within the Area for which the respective agencies of the Department
of (!2) Interior and the California Department of Fish and Game are
responsible and shall contain such provisions as are necessary to
ensure the coordinated implementation of Federal and State
enforcement activities.


-SOURCE-
(Pub. L. 99-552, Sec. 5, Oct. 27, 1986, 100 Stat. 3085.)

-FOOTNOTE-


(!1) So in original. No subsec. (b) has been enacted.

(!2) So in original. Probably should be "of the".


-End-



-CITE-
16 USC Sec. 460ss-5 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CIV - KLAMATH RIVER CONSERVATION AREA

-HEAD-
Sec. 460ss-5. Appropriations

-STATUTE-
(a) Authorization
There are authorized to be appropriated to the Department of the
Interior during the period beginning October 1, 1986, and ending on
September 30, 2006, $21,000,000 for the design, construction,
operation, and maintenance of the program and for the payment of
travel expenses under sections 460ss-2(j) and 460ss-3(i) of this
title. Monies appropriated under this subsection shall remain
available until expended or October 1, 2006, whichever first
occurs.
(b) Cost-sharing
(1) 50 percent of the cost of the development and implementation
of the program must be provided by one or more non-Federal sources
on a basis considered by the Secretary to be timely and
appropriate. For purposes of this subsection, the term "non-Federal
source" includes a State or local government, any private entity,
and any individual.
(2) In addition to cash outlays, the Secretary shall consider as
financial contributions by a non-Federal source the value of inkind
contributions and real and personal property provided by the source
for purposes of implementing the program. Valuations made by the
Secretary under this paragraph are final and not subject to
judicial review.
(3) For purposes of paragraph (2), inkind contributions may be in
the form of, but are not limited to, personal services rendered by
volunteers.
(4) The Secretary shall by regulation establish -
(A) the training, experience, and other qualifications which
such volunteers must have in order for their services to be
considered as inkind contributions; and
(B) the standards under which the Secretary will determine the
value of inkind contributions and real and personal property for
purposes of paragraph (2).

(5) The Secretary may not consider the expenditure, either
directly or indirectly, with respect to the program of Federal
moneys received by a State or local government to be a financial
contribution by a non-Federal source to carry out the program.

-SOURCE-
(Pub. L. 99-552, Sec. 6, Oct. 27, 1986, 100 Stat. 3085; Pub. L.
100-653, title VI, Sec. 603(3), (4), Nov. 14, 1988, 102 Stat.
3830.)


-MISC1-
AMENDMENTS
1988 - Subsec. (a). Pub. L. 100-653, Sec. 603(3), inserted "and
for the payment of travel expenses under sections 460ss-2(j) and
460ss-3(i) of this title" before period at end of first sentence.
Subsec. (b)(3). Pub. L. 100-653, Sec. 603(4), struck out "in
carrying out surveys, censuses, and other scientific studies" after
"volunteers".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460ss-2, 460ss-3 of this
title.

-End-



-CITE-
16 USC Sec. 460ss-6 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CIV - KLAMATH RIVER CONSERVATION AREA

-HEAD-
Sec. 460ss-6. Definitions

-STATUTE-
As used in this subchapter -
(1) The term "program" means the Klamath River Basin
Conservation Area Restoration Program established under section
460ss-1(b) of this title.
(2) The term "Secretary" means the Secretary of the Interior.

-SOURCE-
(Pub. L. 99-552, Sec. 7, Oct. 27, 1986, 100 Stat. 3086.)

-End-


-CITE-
16 USC SUBCHAPTER CV - CROSS FLORIDA NATIONAL
CONSERVATION AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CV - CROSS FLORIDA NATIONAL CONSERVATION AREA

-HEAD-
SUBCHAPTER CV - CROSS FLORIDA NATIONAL CONSERVATION AREA

-End-



-CITE-
16 USC Sec. 460tt 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CV - CROSS FLORIDA NATIONAL CONSERVATION AREA

-HEAD-
Sec. 460tt. Cross Florida Barge Canal

-STATUTE-
(a) Deauthorization
The barge canal project located between the Gulf of Mexico and
the Atlantic Ocean (hereinafter in this section referred to as the
"project"), as described in the Act of July 23, 1942 (56 Stat.
703), shall be deauthorized by operation of law immediately upon
the Governor and Cabinet of the State of Florida adopting a
resolution specifically agreeing on behalf of the State of Florida
(hereinafter in this section referred to as the "State") to all of
the terms of the agreement prescribed in subsection (b) of this
section.
(b) Transfer of project lands
Notwithstanding any other provision of law, the Secretary is,
subject to the provisions of subsections (d) and (e) of this
section, directed to transfer to the State all lands and interests
in lands acquired by the Secretary and facilities completed for the
project in subsection (a) of this section, without consideration,
if the State agrees to each of the following:
(1) The State shall agree to hold the United States harmless
from all claims arising from or through the operations of the
lands and facilities conveyed by the United States.
(2) The State shall agree to preserve and maintain a greenway
corridor which shall be open to the public for compatible
recreation and conservation activities and which shall be
continuous, except for areas referred to in subparagraphs (A) and
(C) of this paragraph, along the project route over lands
acquired by the Secretary or by the State or State Canal
Authority, or lands acquired along the project route in the
future by the State or State Canal Authority, to the maximum
width possible, as determined in the management plan to be
developed by the State for former project lands. Such greenway
corridor shall not be less than 300 yards wide, except for the
following areas:
(A) Any area of the project corridor where, as of November
28, 1990, no land is owned by the State or State Canal
Authority.
(B) Any area of the project corridor where, as of November
28, 1990, the land owned by the State or State Canal Authority
is less than 300 yards wide.
(C) Any area of the project corridor where a road or bridge
crosses the project corridor.

(3) Consistent with paragraph (2) of this subsection, the State
shall create a State park or conservation/recreation area in the
lands and interests in lands acquired for the project lying
between the Atlantic Ocean and the western boundaries of sections
20 and 29, township 15 south, range 23 east.
(4) The State shall agree, consistent with paragraphs (2), (5)
and (6) of this subsection, to preserve, enhance, interpret, and
manage the water and related land resources of the area
containing cultural, fish and wildlife, scenic, and recreational
values in the remaining lands and interests in land acquired for
the project, lying west of sections 20 and 29, township 15 south,
range 23 east, as determined by the State, for the benefit and
enjoyment of present and future generations of people and the
development of outdoor recreation.
(5) The State shall agree to pay, from the assets of the State
Canal Authority and the Cross Florida Canal Navigation District,
including revenues from the sale of former project lands declared
surplus by the State management plan, to the counties of Citrus,
Clay, Duval, Levy, Marion, and Putnam a minimum aggregate sum of
$32,000,000 in cash or, at the option of the counties, payment to
be made by conveyance of surplus former project lands selected by
the State at current appraised values.
(6) The State shall agree to provide that, after repayment of
all sums due to the counties of Citrus, Clay, Duval, Levy,
Marion, and Putnam, the State may use any remaining funds
generated from the sale of former project lands declared surplus
by the State to acquire the fee title to lands along the project
route as to which less than fee title was obtained, or to
purchase privately owned lands, or easements over such privately
owned lands, lying within the proposed project route, consistent
with paragraphs (2), (3), and (4) of this subsection, according
to such priorities as are determined in the management plan to be
developed by the State for former project lands. Any remaining
funds generated from the sale of former project lands declared
surplus by the State shall be used for the improvement and
management of the greenway corridor consistent with paragraphs
(2), (3), and (4) of this subsection.
(c) Enforcement
(1) Remedies and jurisdiction
The United States is directed to vigorously enforce the
agreement referred to in subsections (a) and (b) of this section
in the courts of the United States and shall be entitled to any
remedies in equity or law, including, without limitation,
injunctive relief. The court, in issuing any final order in any
suit brought pursuant to this subsection, may, in its discretion,
award costs of litigation (including reasonable attorney and
expert witness fees) to any prevailing party. The United States
district courts shall have original and exclusive jurisdiction of
any action under this subsection.
(2) State remedies
The State shall be entitled to the same remedies listed in
paragraph (1) of this subsection in the courts of the State or of
the United States.
(d) Time of transfer
Actual transfer of lands and management responsibilities under
this section shall not occur on the constructed portions of the
project lying between the Atlantic Ocean and the Eureka Lock and
Dam, inclusive, and between the Gulf of Mexico and the Inglis Lock
and Dam, inclusive, until the last day of the 24-month period
beginning on November 28, 1990.
(e) Management pending transfer
In the 24-month period following November 28, 1990, the Secretary
shall carry out any and all programmed maintenance on the portions
of the project outlined in subsection (d) of this section.
(f) Contract for continued O&M
(1) In general
During the period beginning on November 28, 1992, and ending on
September 30, 1993, the Secretary is authorized and directed to
offer to enter into a contract with the St. Johns River Water
Management District and the Southwest Florida Water Management
District of the State of Florida for the continued operation and
maintenance by the Secretary of the portions of the project
described in subsection (d) of this section. The maintenance
shall be performed at a level of service that is necessary to
ensure safe operating conditions and to prevent deterioration of
the structures. No major rehabilitations or renovations shall be
performed by the Secretary in such portions of the project during
such period.
(2) Funding
Funding for the continued operation and maintenance of the
barge canal project by the Secretary under this subsection shall
not exceed $300,000. The State of Florida shall pay a non-Federal
share of $600,000 to fund the continued maintenance of the
portions of the project described in subsection (d) of this
section in accordance with paragraph (1).
(g) Survey
The exact acreage and legal description of the real property to
be transferred pursuant to this section shall be determined by a
survey which is satisfactory to the Secretary and to the State. The
cost of such survey shall be borne by the State.

-SOURCE-
(Pub. L. 99-662, title XI, Sec. 1114, Nov. 17, 1986, 100 Stat.
4232; Pub. L. 101-640, title IV, Sec. 402, Nov. 28, 1990, 104 Stat.
4644; Pub. L. 102-580, title I, Sec. 102(e), Oct. 31, 1992, 106
Stat. 4805.)

-REFTEXT-
REFERENCES IN TEXT
Act of July 23, 1942, referred to in subsec. (a), is act July 23,
1942, ch. 520, 56 Stat. 703, as amended. See National Defense Pipe
Lines note set out preceding section 715 of Title 15, Commerce and
Trade.


-MISC1-
AMENDMENTS
1992 - Subsecs. (f), (g). Pub. L. 102-580 added subsec. (f) and
redesignated former subsec. (f) as (g).
1990 - Pub. L. 101-640 amended section generally. Prior to
amendment, section consisted of subsecs. (a) to (i) which
established the Cross Florida National Conservation Area,
designated to it lands held for high-level barge canal project,
required that certain portions of the barge canal project be
operated and maintained for navigation, recreation, and fish and
wildlife enhancement and for economic benefit of the region,
provided for State of Florida to retain jurisdiction and
responsibility over water resources planning, development, and
control of surface and ground waters, required the Secretary to
develop comprehensive management plan, directed operation of Rodman
Dam to assure continuation of Lake Ocklawaha reservoir, required
acquisition of lands held by Florida Canal Authority for barge
canal project and lands held by State of Florida or Canal Authority
which were acquired pursuant to section 104 of the River and Harbor
Act of 1960, and set forth conditions for effectiveness of certain
provisions.

-End-


-CITE-
16 USC SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND
CONSERVATION AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA

-HEAD-
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA

-End-


-CITE-
16 USC Part A - El Malpais National Monument 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part A - El Malpais National Monument

-HEAD-
PART A - EL MALPAIS NATIONAL MONUMENT

-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in section 460uu-12 of this title.

-End-



-CITE-
16 USC Sec. 460uu 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part A - El Malpais National Monument

-HEAD-
Sec. 460uu. Establishment; description of area

-STATUTE-
(a) In order to preserve, for the benefit and enjoyment of
present and future generations, that area in western New Mexico
containing the nationally significant Grants Lava Flow, the Las
Ventanas Chacoan Archeological Site, and other significant natural
and cultural resources, there is hereby established the El Malpais
National Monument (hereinafter referred to as the "monument"). The
monument shall consist of approximately 114,000 acres as generally
depicted on the map entitled "El Malpais National Monument and
National Conservation Area" numbered NM-ELMA-80,001-B and dated May
1987. The map shall be on file and available for public inspection
in the offices of the Director of the National Park Service,
Department of the Interior.
(b) As soon as practicable after December 31, 1987, the Secretary
of the Interior (hereinafter referred to as the "Secretary") shall
file a legal description of the monument with the Committee on
Interior and Insular Affairs of the United States House of
Representatives and with the Committee on Energy and Natural
Resources of the United States Senate. Such legal description shall
have the same force and effect as if included in this subchapter,
except that the Secretary may correct clerical and typographical
errors in such legal description and in the map referred to in
subsection (a) of this section. The legal description shall be on
file and available for public inspection in the offices of the
National Park Service, Department of the Interior.

-SOURCE-
(Pub. L. 100-225, title I, Sec. 101, Dec. 31, 1987, 101 Stat.
1539.)

-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 sections 460uu-3, 460uu-41 of this
title.

-End-



-CITE-
16 USC Sec. 460uu-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part A - El Malpais National Monument

-HEAD-
Sec. 460uu-1. Transfer of administrative control of lands and
waters

-STATUTE-
Lands and waters and interests therein within the boundaries of
the monument, which as of the day prior to December 31, 1987, were
administered by the Forest Service, United States Department of
Agriculture, are hereby transferred to the administrative
jurisdiction of the Secretary to be managed as part of the monument
in accordance with this subchapter. The boundaries of the Cibola
National Forest shall be adjusted accordingly.

-SOURCE-
(Pub. L. 100-225, title I, Sec. 102, Dec. 31, 1987, 101 Stat.
1539.)

-End-



-CITE-
16 USC Sec. 460uu-2 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part A - El Malpais National Monument

-HEAD-
Sec. 460uu-2. Management

-STATUTE-
The Secretary, acting through the Director of the National Park
Service, shall manage the monument in accordance with the
provisions of this subchapter, sections 1, 2, 3, and 4 of this
title, and other provisions of law applicable to units of the
National Park System. The Secretary shall protect, manage, and
administer the monument for the purposes of preserving the scenery
and the natural, historic, and cultural resources of the monument
and providing for the public understanding and enjoyment of the
same in such a manner as to perpetuate these qualities for future
generations.

-SOURCE-
(Pub. L. 100-225, title I, Sec. 103, Dec. 31, 1987, 101 Stat.
1539.)

-End-



-CITE-
16 USC Sec. 460uu-3 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part A - El Malpais National Monument

-HEAD-
Sec. 460uu-3. Grazing permits

-STATUTE-
Where any lands included within the boundary of the monument on
the map referred to in subsection (!1) 460uu(a) of this title are
legally occupied or utilized on December 31, 1987, for grazing
purposes, pursuant to a lease, permit, or license which is -

(a) for a fixed term of years issued or authorized by any
department, establishment, or agency of the United States, and
(b) scheduled for termination before December 31, 1997,

the Secretary, notwithstanding any other provision of law, shall
allow the persons holding such grazing privileges (or their heirs)
to retain such grazing privileges until December 31, 1997, subject
to such limitations, conditions, or regulations as the Secretary
may prescribe to insure proper range management. No grazing shall
be permitted on lands within the boundaries of the monument on or
after January 1, 1998.

-SOURCE-
(Pub. L. 100-225, title I, Sec. 104, Dec. 31, 1987, 101 Stat.
1540.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460uu-45 of this title.

-FOOTNOTE-
(!1) So in original. Probably should be "section".


-End-


-CITE-
16 USC Part B - Masau Trail 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part B - Masau Trail

-HEAD-
PART B - MASAU TRAIL

-End-



-CITE-
16 USC Sec. 460uu-11 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part B - Masau Trail

-HEAD-
Sec. 460uu-11. Designation

-STATUTE-
In order to provide for public appreciation, education,
understanding, and enjoyment of certain nationally significant
sites of antiquity in New Mexico and eastern Arizona which are
accessible by public road,(!1) the Secretary, acting through the
Director of the National Park Service, with the concurrence of the
agency having jurisdiction over such roads, is authorized to
designate, by publication of a description thereof in the Federal
Register, a vehicular tour route along existing public roads
linking prehistoric and historic cultural sites in New Mexico and
eastern Arizona. Such a route shall be known as the Masau Trail
(hereinafter referred to as the "trail").


-SOURCE-
(Pub. L. 100-225, title II, Sec. 201, Dec. 31, 1987, 101 Stat.
1540.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460uu-12 of this title.

-FOOTNOTE-
(!1) So in original. Probably should be "roads,".


-End-



-CITE-
16 USC Sec. 460uu-12 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part B - Masau Trail

-HEAD-
Sec. 460uu-12. Areas included

-STATUTE-
The trail shall include public roads linking El Malpais National
Monument as established pursuant to part A of this subchapter, El
Morro National Monument, Chaco Cultural National Historical Park,
Aztec Ruins National Monument, Canyon De Chelly National Monument,
Pecos National Monument, Gila Cliff Dwellings National Monument,
Zuni-Cibola National Historical Park, and Petroglyph National
Monument. The Secretary may, in the manner set forth in section
460uu-11 of this title, designate additional segments of the trail
from time to time as appropriate to link the foregoing sites with
other cultural sites or sites of national significance when such
sites are designated and protected by Federal, State, or local
governments, Indian tribes, or nonprofit entities.

-SOURCE-
(Pub. L. 100-225, title II, Sec. 202, Dec. 31, 1987, 101 Stat.
1540; Pub. L. 100-567, Sec. 10, Oct. 31, 1988, 102 Stat. 2852; Pub.
L. 101-313, title III, Sec. 301, June 27, 1990, 104 Stat. 279.)


-MISC1-
AMENDMENTS
1990 - Pub. L. 101-313 inserted reference to Petroglyph National
Monument.
1988 - Pub. L. 100-567, which directed substitution of "Gila
Cliff Dwellings National Monument, and Zuni-Cibola National
Historical Park" for "and Gila Cliff Dwelling National Monument"
was executed by making substitution for "and Gila Cliff Dwellings
National Monument" as the probable intent of Congress.

-End-



-CITE-
16 USC Sec. 460uu-13 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part B - Masau Trail

-HEAD-
Sec. 460uu-13. Information and interpretation

-STATUTE-
With respect to sites linked by segments of the trail which are
administered by other Federal, State, local, tribal, or nonprofit
entities, the Secretary may, pursuant to cooperative agreements
with such entities, provide technical assistance in the development
of interpretive devices and materials in order to contribute to
public appreciation of the natural and cultural resources of the
sites along the trail. The Secretary, in cooperation with State and
local governments, Indian tribes, and nonprofit entities, shall
prepare and distribute informational material for the public
appreciation of sites along the trail.

-SOURCE-
(Pub. L. 100-225, title II, Sec. 203, Dec. 31, 1987, 101 Stat.
1541.)

-End-



-CITE-
16 USC Sec. 460uu-14 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part B - Masau Trail

-HEAD-
Sec. 460uu-14. Markers

-STATUTE-
The trail shall be marked with appropriate markers to guide the
public. With the concurrence and assistance of the State or local
entity having jurisdiction over the roads designated as part of the
trail, the Secretary may erect thereon and maintain signs and other
informational devices displaying the Masau Trail Marker. The
Secretary is authorized to accept the donation of suitable signs
and other informational devices for placement at appropriate
locations.

-SOURCE-
(Pub. L. 100-225, title II, Sec. 204, Dec. 31, 1987, 101 Stat.
1541.)

-End-


-CITE-
16 USC Part C - El Malpais National Conservation Area 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part C - El Malpais National Conservation Area

-HEAD-
PART C - EL MALPAIS NATIONAL CONSERVATION AREA

-End-



-CITE-
16 USC Sec. 460uu-21 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part C - El Malpais National Conservation Area

-HEAD-
Sec. 460uu-21. Establishment; description of area

-STATUTE-
(a) In order to protect for the benefit and enjoyment of future
generations that area in western New Mexico containing the La
Ventana Natural Arch and the other unique and nationally important
geological, archeological, ecological, cultural, scenic,
scientific, and wilderness resources of the public lands
surrounding the Grants Lava Flows, there is hereby established the
El Malpais National Conservation Area (hereinafter referred to as
the "conservation area"). The conservation area shall consist of
approximately 262,690 acres of federally owned land as generally
depicted on a map entitled "El Malpais National Monument and
National Conservation Area" numbered NM-ELMA-80,001-B and dated May
1987. The map shall be on file and available for inspection in the
offices of the Director of the Bureau of Land Management of the
Department of the Interior.
(b) As soon as practicable after December 31, 1987, the Secretary
shall file a legal description of the conservation area designated
under this section with the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Interior
and Insular Affairs of the United States House of Representatives.
Such legal description shall have the same force and effect as if
included in this subchapter, except that the Secretary may correct
clerical and typographical errors in such legal description. The
legal description shall be on file and available for public
inspection in the offices of the Director of the Bureau of Land
Management, Department of the Interior.

-SOURCE-
(Pub. L. 100-225, title III, Sec. 301, Dec. 31, 1987, 101 Stat.
1541.)

-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 sections 460uu-22, 460uu-45 of
this title.

-End-



-CITE-
16 USC Sec. 460uu-22 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part C - El Malpais National Conservation Area

-HEAD-
Sec. 460uu-22. Management

-STATUTE-
(a) Provisions applicable
The Secretary, acting through the Director of the Bureau of Land
Management, shall manage the conservation area to protect the
resources specified in section 460uu-21 of this title and in
accordance with this subchapter, the Federal Land Management and
Policy Act of 1976 [43 U.S.C. 1701 et seq.] and other applicable
provisions of law, including those provisions relating to grazing
on public lands.
(b) Hunting and trapping
The Secretary shall permit hunting and trapping within the
conservation area in accordance with applicable laws and
regulations of the United States and the State of New Mexico;
except that the Secretary, after consultation with the New Mexico
Department of Game and Fish, may issue regulations designating
zones where and establishing periods when no hunting or trapping
shall be permitted for reasons of public safety, administration, or
public use and enjoyment.
(c) Prohibition of collection of green or dead wood for commercial
purposes
Collection of green or dead wood for sale or other commercial
purposes shall not be permitted in the conservation area.
(d) Grazing
Except as otherwise provided in section 460uu-32(b) of this
title, within the conservation area the grazing of livestock shall
be permitted to continue, pursuant to applicable Federal law,
including this subchapter, and subject to such reasonable
regulations, policies, and practices as the Secretary deems
necessary.

-SOURCE-
(Pub. L. 100-225, title III, Sec. 302, Dec. 31, 1987, 101 Stat.
1541.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (a), probably means the Federal Land Policy and
Management Act of 1976, Pub. L. 94-579, Oct. 21, 1976, 90 Stat.
2743, as amended, which is classified principally to chapter 35 (continued)