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(continued)
Secretary is prohibited from acquiring or developing any other
river access points within the recreation area.
(f) Properties and facilities of Federal agencies
After consultation with any other Federal agency managing lands
and waters within or contiguous to the recreation area, the
Secretary shall enter into a memorandum of understanding with such
other Federal agency to identify those areas within the recreation
area which are (1) under the administrative jurisdiction of such
other agency; (2) directly related to the operation of the
Summersville project; and (3) essential to the operation of such
project. The memorandum of understanding shall also include
provisions regarding the management of all such lands and waters in
a manner consistent with the operation of such project and the
management of the recreation area.

-SOURCE-
(Pub. L. 100-534, title II, Sec. 202, Oct. 26, 1988, 102 Stat.
2702; Pub. L. 104-333, div. I, title IV, Sec. 406(c)(2), Nov. 12,
1996, 110 Stat. 4150.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (b), is Pub. L.
100-534, Oct. 26, 1988, 102 Stat. 2699, known as the West Virginia
National Interest River Conservation Act of 1987, which enacted
this subchapter and sections 460m-26 to 460m-29 of this title,
amended sections 460m-15 and 1274 of this title, and enacted
provisions set out as notes under sections 460m-15 and 1274 of this
title. For complete classification of this Act to the Code, see
Short Title of 1988 Amendment note set out under section 460m-15 of
this title and Tables.


-MISC1-
AMENDMENTS
1996 - Subsec. (e)(4). Pub. L. 104-333 added par. (4).

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460m-30, 460ww-2, 460ww-4
of this title.

-FOOTNOTE-


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

(!2) So in original. The comma probably should not appear.


-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVIII - GAULEY RIVER NATIONAL RECREATION AREA

-HEAD-
Sec. 460ww-2. Miscellaneous

-STATUTE-
(a) Lands and waters
The Secretary may acquire lands or interests in lands within the
boundaries of the recreation area by donation, purchase with
donated or appropriated funds, or exchange. When any tract of land
is only partly within such boundaries, the Secretary may acquire
all or any portion of the land outside of such boundaries in order
to minimize the payment of severance costs.
(b) Jurisdiction
Lands, waters and interests therein within the recreation area
which are administered by any other agency of the United States and
which are not identified under section 460ww-1 of this title as
directly related to the Summersville project and essential to the
operation of that project shall be transferred without
reimbursement to the administrative jurisdiction of the Secretary.
(c) Protection of existing project
Nothing in this Act shall impair or affect the requirements of
section 1102 of Public Law 99-662 or otherwise affect the
authorities of any department or agency of the United States to
carry out the project purposes of the Summersville project,
including recreation. In releasing water from such project, in
order to protect public health and safety and to provide for
enjoyment of the resources within the recreation area, other
departments and agencies of the United States shall cooperate with
the Secretary to facilitate and enhance whitewater recreational use
and other recreational use of the recreation area.

-SOURCE-
(Pub. L. 100-534, title II, Sec. 203, Oct. 26, 1988, 102 Stat.
2704.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (c), is Pub. L. 100-534, Oct.
26, 1988, 102 Stat. 2699, known as the West Virginia National
Interest River Conservation Act of 1987, which enacted this
subchapter and sections 460m-26 to 460m-29 of this title, amended
sections 460m-15 and 1274 of this title, and enacted provisions set
out as notes under sections 460m-15 and 1274 of this title. For
complete classification of this Act to the Code, see Short Title of
1988 Amendment note set out under section 460m-15 of this title and
Tables.
Section 1102 of Public Law 99-662, referred to in subsec. (c), is
section 1102 of Pub. L. 99-662, title XI, Nov. 17, 1986, 100 Stat.
4225, which is not classified to the Code.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460m-30 of this title.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVIII - GAULEY RIVER NATIONAL RECREATION AREA

-HEAD-
Sec. 460ww-3. Authorization of appropriations

-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purpose of this subchapter.

-SOURCE-
(Pub. L. 100-534, title II, Sec. 204, Oct. 26, 1988, 102 Stat.
2704.)

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVIII - GAULEY RIVER NATIONAL RECREATION AREA

-HEAD-
Sec. 460ww-4. Special conditions

-STATUTE-
(a) New project construction
If, after October 26, 1988, any department, agency,
instrumentality or person commences construction of any dam, water
conduit, reservoir, powerhouse, transmission line or other project
at or in conjunction with the Summersville project, the department,
agency, instrumentality or other person which constructs or
operates such new project shall comply with such terms and
conditions as the Secretary deems necessary, in his discretion, to
protect the resources of the recreation area, including such terms
and conditions as the Secretary deems necessary to ensure that such
new project will not adversely affect whitewater recreation and
other recreation activities during or after project construction.
(b) Adverse effects on recreation area
If any such new project referred to in subsection (a) of this
section will create a direct, physical, adverse effect on access to
the recreation area immediately downstream of the Summersville Dam
during or after project construction, including vehicle parking,
related facilities, and river access for whitewater recreation and
other recreational use of the recreation area, the department,
agency, instrumentality or person constructing such project shall
replace and enhance the adversely affected facilities in such
manner as may be appropriate to accommodate visitation, as
determined by the Secretary.
(c) New project permits
The terms and conditions referred to in this section shall be
included in any license, permit, or exemption issued for any such
new project. Any such new project shall be subject to all
provisions of this Act, including section 460ww-1(d) of this title,
except that during the four-year period after October 26, 1988,
nothing in this Act shall prohibit the licensing of a project
adjacent to Summersville Dam as proposed by the city of
Summersville, or by any competing project applicant with a permit
or license application on file as of August 8, 1988, if such
project complies with this section. If such project is licensed
within such four-year period, the Secretary shall modify the
boundary map referred to in section 460ww of this title to relocate
the upstream boundary of the recreation area along a line
perpendicular to the river crossing the point five hundred and
fifty feet downstream of the existing valve house and one thousand
two hundred feet (measured along the river bank) upstream of United
States Geological Survey Gauge Numbered 03189600, except in making
the modification the Secretary shall maintain within the boundary
of the recreation area those lands identified in the boundary map
referred to in section 460ww of this title which are not necessary
to the operation of such project. If project construction is not
commenced within the time required in such license, or if such
license is surrendered at any time, such boundary modification
shall cease to have any force and effect.

-SOURCE-
(Pub. L. 100-534, title II, Sec. 205, Oct. 26, 1988, 102 Stat.
2704; Pub. L. 104-333, div. I, title IV, Sec. 406(c)(1), Nov. 12,
1996, 110 Stat. 4150.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (c), is Pub. L. 100-534, Oct.
26, 1988, 102 Stat. 2699, known as the West Virginia National
Interest River Conservation Act of 1987, which enacted this
subchapter and sections 460m-26 to 460m-29 of this title, amended
sections 460m-15 and 1274 of this title, and enacted provisions set
out as notes under sections 460m-15 and 1274 of this title. For
complete classification of this Act to the Code, see Short Title of
1988 Amendment note set out under section 460m-15 of this title and
Tables.


-MISC1-
AMENDMENTS
1996 - Subsec. (c). Pub. L. 104-333 inserted at end "If project
construction is not commenced within the time required in such
license, or if such license is surrendered at any time, such
boundary modification shall cease to have any force and effect."

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

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVIII - GAULEY RIVER NATIONAL RECREATION AREA

-HEAD-
Sec. 460ww-5. Advisory Committee

-STATUTE-
(a) Establishment
There is hereby established the Gauley River National Recreation
Area Advisory Committee (hereinafter in this Act referred to as the
"Advisory Committee"). The Advisory Committee shall be composed of
fifteen members appointed by the Secretary to serve for terms of
two years. Any member of the Advisory Committee may serve after the
expiration of his term until a successor is appointed. Any member
of the Advisory Committee may be appointed to serve more than one
term. The Secretary or his designee shall serve as Chairman.
(b) Management and development issues
The Secretary, or his designee, shall meet on a regular basis and
consult with the Advisory Committee on matters relating to
development of a management plan for the recreation area and on
implementation of such plan.
(c) Expenses
Members of the Advisory Committee 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 Chairman.
(d) Membership
The Secretary shall appoint members to the Advisory Committee as
follows:
(1) one member to represent other departments or agencies of
the United States administering lands affected by the recreation
area, to be appointed from among persons nominated by the head of
such department or agency;
(2) two members to represent the State Department of Natural
Resources, to be appointed from among persons nominated by the
Governor of the State of West Virginia;
(3) one member to represent the State Department of Commerce to
be appointed from among persons nominated by the Governor of West
Virginia;
(4) three members to represent the commercial whitewater
rafting industry in West Virginia;
(5) one member to represent noncommercial whitewater boating
organizations;
(6) one member to represent conservation organizations in West
Virginia;
(7) one member to represent individuals engaged in game fishing
in West Virginia;
(8) one member to represent the Nicholas County Chamber of
Commerce;
(9) one member to represent the Fayette County Chamber of
Commerce;
(10) one member to represent recreational users of Summersville
Lake; and
(11) two members to represent local citizens or citizens groups
which are concerned with the Gauley River or own lands included
within the boundaries of the recreation area.
(e) Termination; charter
The Advisory Committee shall terminate on the date ten years
after October 26, 1988, notwithstanding the Federal Advisory
Committee Act (Act of October 6, 1972; 86 Stat. 776). The
provisions of section 14(b) of such Act (relating to the charter of
the Committee) are hereby waived with respect to this Advisory
Committee.

-SOURCE-
(Pub. L. 100-534, title II, Sec. 206, Oct. 26, 1988, 102 Stat.
2705.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (c), is Pub. L.
100-534, Oct. 26, 1988, 102 Stat. 2699, known as the West Virginia
National Interest River Conservation Act of 1987, which enacted
this subchapter and sections 460m-26 to 460m-29 of this title,
amended sections 460m-15 and 1274 of this title, and enacted
provisions set out as notes under sections 460m-15 and 1274 of this
title. For complete classification of this Act to the Code, see
Short Title of 1988 Amendment note set out under section 460m-15 of
this title and Tables.
The Federal Advisory Committee Act, referred to in subsec. (e),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.

-End-


-CITE-
16 USC SUBCHAPTER CIX - SAN PEDRO RIPARIAN NATIONAL
CONSERVATION AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CIX - SAN PEDRO RIPARIAN NATIONAL CONSERVATION AREA

-HEAD-
SUBCHAPTER CIX - SAN PEDRO RIPARIAN NATIONAL CONSERVATION AREA

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CIX - SAN PEDRO RIPARIAN NATIONAL CONSERVATION AREA

-HEAD-
Sec. 460xx. Establishment

-STATUTE-
(a) In general
In order to protect the riparian area and the aquatic, wildlife,
archeological, paleontological, scientific, cultural, educational,
and recreational resources of the public lands surrounding the San
Pedro River in Cochise County, Arizona, there is hereby established
the San Pedro Riparian National Conservation Area (hereafter in
this subchapter referred to as the "conservation area").
(b) Area included
The conservation area shall consist of public lands as generally
depicted on a map entitled "San Pedro Riparian National
Conservation Area - Proposed" numbered AZ-040-OZ, dated January
1988, and consisting of approximately 56,431 acres.
(c) Map
As soon as is practicable after November 18, 1988, a map and
legal description of the conservation area shall be filed by the
Secretary of the Interior (hereafter in this subchapter referred to
as the "Secretary") 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. Each such map
shall have the same force and effect as if included in this
subchapter. Such map shall be on file and available for public
inspection in the Office of the Director of the Bureau of Land
Management, Department of the Interior, and in the Bureau of Land
Management offices of the State Director for Arizona, and the
district office responsible for the management of the conservation
area.

-SOURCE-
(Pub. L. 100-696, title I, Sec. 101, Nov. 18, 1988, 102 Stat.
4571.)

-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.


-MISC1-
SHORT TITLE
Section 1 of Pub. L. 100-696 provided: "That this Act [enacting
this section, sections 460xx-1 to 460xx-6, 460yy, 460yy-1, 460zz to
460zz-11 of this title, sections 2081 to 2086, 2101 to 2106, 2121,
and 2122 of Title 2, The Congress, and section 640d-31 of Title 25,
Indians, amending sections 2101, 2102, and 2106 of Title 2 and
section 640d-11 of Title 25, and enacting provisions set out as
notes under section 431 of this title and section 2101 of Title 2]
be cited as the 'Arizona-Idaho Conservation Act of 1988'."

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CIX - SAN PEDRO RIPARIAN NATIONAL CONSERVATION AREA

-HEAD-
Sec. 460xx-1. Management

-STATUTE-
(a) General authorities
The Secretary shall manage the conservation area in a manner that
conserves, protects, and enhances the riparian area and the
aquatic, wildlife, archeological, paleontological, scientific,
cultural, educational, and recreational resources of the
conservation area. Such management shall be guided by this
subchapter and, where not inconsistent with this subchapter, by the
provisions of the Federal Land Policy and Management Act of 1976
[43 U.S.C. 1701 et seq.] (hereinafter in this subchapter referred
to as "FLPMA").
(b) Uses
The Secretary shall only allow such uses of the conservation area
as he finds will further the primary purposes for which the
conservation area is established. Except where needed for
administrative or emergency purposes, the use of motorized vehicles
in the conservation area shall only be allowed on roads
specifically designated for such use as part of the management plan
prepared pursuant to section 460xx-2 of this title. The Secretary
shall have the power to implement such reasonable limits to
visitation and use of the conservation area as he finds appropriate
for the protection of the resources of the conservation area,
including requiring permits for public use, or closing portions of
the conservation area to public use.
(c) Withdrawals
Subject to valid existing rights, all Federal lands within the
conservation area are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining laws;
and from disposition under all laws pertaining to mineral and
geothermal leasing and all amendments thereto.
(d) Water rights
Congress reserves for the purposes of this reservation, a
quantity of water sufficient to fulfill the purposes of the San
Pedro Riparian National Conservation Area created by this
subchapter. The priority date of such reserve rights shall be
November 18, 1988. The Secretary shall file a claim for the
quantification of such rights in an appropriate stream
adjudication.
(e) Enforcement
Any person who violates any provision of this subchapter or any
regulation promulgated by the Secretary to implement this
subchapter shall be subject to a fine of up to $10,000, or
imprisonment for up to one year, or both.

-SOURCE-
(Pub. L. 100-696, title I, Sec. 102, Nov. 18, 1988, 102 Stat.
4571.)

-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 public land laws, referred to in subsec. (c), are classified
generally to Title 43.
The United States mining laws and the mineral leasing laws,
referred to in subsec. (c), are classified generally to Title 30,
Mineral Lands and Mining.
Geothermal leasing laws, referred to in subsec. (c), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title
30.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CIX - SAN PEDRO RIPARIAN NATIONAL CONSERVATION AREA

-HEAD-
Sec. 460xx-2. Management plan

-STATUTE-
(a) Development of plan
No later than 2 years after November 18, 1988, the Secretary
shall develop a comprehensive plan for the long-range management
and protection of the conservation area. The plan shall be
developed with full opportunity for public participation and
comment, and shall contain provisions designed to assure protection
of the riparian area and the aquatic, wildlife, archeological,
paleontological, scientific, cultural, educational, and recreation
resources and values of the conservation area.
(b) Recommendations
The Secretary shall, in the comprehensive plan referred to in
subsection (a) of this section, develop recommendations to Congress
on whether additional lands should be included in the conservation
area.
(c) Cooperative agreements
The Secretary may enter into cooperative agreements with
appropriate State and local agencies, pursuant to section 1737(b)
of title 43, to better implement the plan developed pursuant to
subsection (a) of this section.
(d) Research
In order to assist in the development of appropriate management
strategies for the conservation area, the Secretary may authorize
research on matters including the environmental, biological,
hydrological, and cultural resources of the conservation area,
pursuant to section 1737(a) of title 43.

-SOURCE-
(Pub. L. 100-696, title I, Sec. 103, Nov. 18, 1988, 102 Stat.
4572.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460xx-1, 460xx-3 of this
title.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CIX - SAN PEDRO RIPARIAN NATIONAL CONSERVATION AREA

-HEAD-
Sec. 460xx-3. Advisory Committee

-STATUTE-
(a) Establishment
The Secretary shall establish a San Pedro Riparian National
Conservation Area Advisory Committee, whose purpose shall be to
advise the Secretary with respect to the preparation and
implementation of the comprehensive, long-range plan required
pursuant to section 460xx-2 of this title.
(b) Representation
There shall be 7 members of the Committee, who shall be appointed
by the Secretary. Members of the Committee shall be appointed for
terms of three years, except that of the members first appointed 2
shall be appointed for terms of 1 year and 3 shall be appointed for
terms of 2 years. The Secretary shall appoint one member from
nominations supplied by the Governor of the State of Arizona, and
one member from nominations supplied by the Supervisors of Cochise
County, Arizona. The other members shall be persons with recognized
backgrounds in wildlife conservation, riparian ecology, archeology,
paleontology, or other disciplines directly related to the primary
purposes for which the conservation area was created.

-SOURCE-
(Pub. L. 100-696, title I, Sec. 104, Nov. 18, 1988, 102 Stat.
4572.)


-MISC1-
TERMINATION OF ADVISORY COMMITTEES
Advisory committees established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a committee
established by the President or an officer of the Federal
Government, such committee is renewed by appropriate action prior
to the expiration of such 2-year period, or in the case of a
committee established by the Congress, its duration is otherwise
provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86
Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CIX - SAN PEDRO RIPARIAN NATIONAL CONSERVATION AREA

-HEAD-
Sec. 460xx-4. Land acquisition

-STATUTE-
The Secretary may acquire lands or interests in lands within the
boundaries of the conservation area by exchange, purchase, or
donation, except that any lands or interests therein owned by the
State or local government may be acquired by donation or exchange
only. Any purchase or exchange of lands to be added to the
conservation area shall require the consent of the owner of those
lands or rights.

-SOURCE-
(Pub. L. 100-696, title I, Sec. 105, Nov. 18, 1988, 102 Stat.
4573.)

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CIX - SAN PEDRO RIPARIAN NATIONAL CONSERVATION AREA

-HEAD-
Sec. 460xx-5. Report to Congress

-STATUTE-
No later than five years after November 18, 1988, and every ten
years thereafter, the Secretary shall report to the Committee on
Natural Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate, on the
implementation of this subchapter. Such report shall include a
detailed statement on the condition of the resources within the
conservation area and of the progress of the Bureau of Land
Management in achieving the purposes of this subchapter.

-SOURCE-
(Pub. L. 100-696, title I, Sec. 106, Nov. 18, 1988, 102 Stat. 4573;
Pub. L. 103-437, Sec. 6(d)(22), Nov. 2, 1994, 108 Stat. 4584.)


-MISC1-
AMENDMENTS
1994 - Pub. L. 103-437 substituted "Natural Resources" for
"Interior and Insular Affairs" after "Committee on".

-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.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CIX - SAN PEDRO RIPARIAN NATIONAL CONSERVATION AREA

-HEAD-
Sec. 460xx-6. Authorization of appropriations

-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the provisions of this subchapter.

-SOURCE-
(Pub. L. 100-696, title I, Sec. 107, Nov. 18, 1988, 102 Stat.
4573.)

-End-


-CITE-
16 USC SUBCHAPTER CX - CITY OF ROCKS NATIONAL RESERVE 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CX - CITY OF ROCKS NATIONAL RESERVE

-HEAD-
SUBCHAPTER CX - CITY OF ROCKS NATIONAL RESERVE

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CX - CITY OF ROCKS NATIONAL RESERVE

-HEAD-
Sec. 460yy. Establishment

-STATUTE-
(a) In general
There is hereby established the City of Rocks National Reserve
(hereinafter referred to as the "reserve"), in order to preserve
and protect the significant historical and cultural resources; to
manage recreational use; to protect and maintain scenic quality;
and to interpret the nationally significant values of the reserve.
(b) Area included
The reserve shall include approximately fourteen thousand three
hundred and twenty acres as depicted on the map entitled "Boundary
Map, City of Rocks National Reserve, Idaho" numbered P30-80,005 and
dated October 1987. The map shall be on file in the offices of the
National Park Service, Department of the Interior and the Offices
of the Governor, State of Idaho.
(c) Legal description
Within six months after November 18, 1988, the Secretary of the
Interior (hereinafter in this subchapter referred to as the
"Secretary") shall file a legal description of the reserve
designated under this section 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 (b) 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 and the offices of the Governor of the
State of Idaho.

-SOURCE-
(Pub. L. 100-696, title II, Sec. 201, Nov. 18, 1988, 102 Stat.
4573.)

-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. 460yy-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CX - CITY OF ROCKS NATIONAL RESERVE

-HEAD-
Sec. 460yy-1. Plan and management

-STATUTE-
(a) Development of plan
To achieve the purpose of this subchapter, the Secretary, acting
through the National Park Service, in cooperation with appropriate
State and Federal agencies, local units of government and local
residents shall formulate a comprehensive plan for the protection,
preservation, and interpretation of the reserve. The plan shall
identify those areas or zones within the reserve which would most
appropriately be devoted to -
(1) public use and development;
(2) historic and natural preservation; and
(3) private use subject to appropriate local ordinances
designed to protect the historic rural setting.
(b) Transmittal of plan to Congress and State
Within eighteen months following November 18, 1988, the Secretary
shall transmit the plan to the President of the Senate and the
Speaker of the House of Representatives and to the Governor of the
State of Idaho.
(c) Transfer of management and administration to State or local
units of government
At such time as the State or appropriate units of local
government having jurisdiction over land use within the reserve
have enacted ordinances or established regulations which in the
judgment of the Secretary will protect and preserve the historic
and natural features of the area in accordance with the
comprehensive plan, the Secretary shall, pursuant to cooperative
agreement -
(1) transfer management and administration over all or any part
of the property acquired under subsection (d) of this section to
the State or appropriate units of local government;
(2) provide technical assistance to such State or units of
local government in the management, protection, and
interpretation of the reserve; and
(3) make periodic grants, which shall be supplemental to any
other funds to which the grantee may be entitled under any other
provision of law, to such State or local unit of government to
carry out the purposes of this subchapter.
(d) Acquisition of land
(1) The Secretary is authorized to acquire such lands and
interests as he determines are necessary to accomplish the purposes
of this subchapter by donation, purchase with donated funds, or
appropriated funds, or exchange, except that the Secretary may not
acquire the fee simple title to any land without the consent of the
owner. The Secretary shall, in addition, give prompt and careful
consideration to any offer made by an individual owning property
within the reserve 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.
(2) Lands and waters, and interests therein, within the
boundaries of the reserve which were administered by the Forest
Service, United States Department of Agriculture or the Bureau of
Land Management, Department of the Interior prior to November 18,
1988, are hereby transferred to the administrative jurisdiction of
the Secretary to be administered by the National Park Service in
accordance with this subchapter.
(3) Lands and interest therein so acquired shall, so long as
responsibility for management and administration remains with the
United States, be administered by the Secretary subject to the
provisions of sections 1, 2, 3, and 4 of this title, and in a
manner consistent with the purpose of this subchapter.
(e) Withdrawal of management and administration from State or local
units of government
If, after the transfer of management and administration of any
lands pursuant to subsection (c) of this section, the Secretary
determines that the reserve is not being managed in a manner
consistent with the purposes of this subchapter, he shall so notify
the appropriate officers of the State or local unit of government
to which such transfer was made and provide for a one hundred and
eighty-day period in which the transferee may make such
modifications in applicable laws, ordinances, rules, and procedures
as will be consistent with such purposes. If, upon the expiration
of such one hundred and eighty-day period, the Secretary determines
that such modifications have not been made or are inadequate, he
shall withdraw the management and administration from the
transferee and he shall manage such lands in accordance with the
provisions of this subchapter.
(f) Water rights
Congress finds that there are unique circumstances with respect
to the water and water related resources within the Reserve (!1)
designated by this subchapter. The Congress recognizes that the
management of this area may be transferred to the State of Idaho,
that the State has committed to providing the water necessary to
fulfill the purposes of this subchapter, and that there is little
or no water or water-related resources that require the protection
of a Federal reserved water right. Nothing in this subchapter, nor
any action taken pursuant thereto, shall constitute either an
express or implied reservation of water or water right for any
purpose: Provided, That the United States shall retain that
reserved water right which is associated with the initial
establishment and withdrawal of the national forest lands which
will be transferred to the Reserve (!1) under this subchapter.

(g) Withdrawal of lands from disposition under other laws
Subject to valid existing rights, Federal lands and interests
therein, within the reserve, are hereby withdrawn from disposition
under the public land laws and from entry or appropriation under
the mining laws of the United States, from the operation of the
mineral leasing laws of the United States, and from operation of
the Geothermal Steam Act of 1970, as amended [30 U.S.C. 1001 et
seq.].
(h) Authorization of appropriations
There is hereby authorized to be appropriated not to exceed
$2,000,000 to carry out the provisions of this subchapter.

-SOURCE-
(Pub. L. 100-696, title II, Sec. 202, Nov. 18, 1988, 102 Stat.
4574.)

-REFTEXT-
REFERENCES IN TEXT
The public land laws, referred to in subsec. (g), are classified
generally to Title 43, Public Lands.
The mining laws and the mineral leasing laws of the United
States, referred to in subsec. (g), are classified generally to
Title 30, Mineral Lands and Mining.
The Geothermal Steam Act of 1970, referred to in subsec. (g), is
Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, as amended, which is
classified generally to chapter 23 (Sec. 1001 et seq.) of Title 30.
For complete classification of this Act to the Code, see Short
Title note set out under section 1001 of Title 30 and Tables.


-MISC1-
PERMISSION TO HUNT ON RESERVE; RESTRICTIONS
Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1923, provided
that: "with respect to lands and waters under the jurisdiction of
the Secretary of the Interior within the City of Rocks National
Reserve established by title II of Public Law 100-696 [enacting
sections 460yy and 460yy-1 of this title], the Secretary shall
hereafter permit hunting in accordance with the otherwise
applicable laws of the United States and the State of Idaho, except
that he may designate zones where and periods when no hunting may
be permitted for reasons of public safety, administration, floral
and faunal protection and management, or public use and enjoyment:
Provided further, That except in emergencies, any regulation
prescribing such restrictions shall be put into effect only after
consultation with the appropriate State agency having jurisdiction
over hunting activities".

-FOOTNOTE-
(!1) So in original. Probably should not be capitalized.


-End-


-CITE-
16 USC SUBCHAPTER CXI - MISSISSIPPI NATIONAL RIVER AND
RECREATION AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXI - MISSISSIPPI NATIONAL RIVER AND RECREATION AREA

-HEAD-
SUBCHAPTER CXI - MISSISSIPPI NATIONAL RIVER AND RECREATION AREA

-End-


-CITE-
16 USC Part A - Mississippi National River and Recreation
Area 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXI - MISSISSIPPI NATIONAL RIVER AND RECREATION AREA
Part A - Mississippi National River and Recreation Area

-HEAD-
PART A - MISSISSIPPI NATIONAL RIVER AND RECREATION AREA

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXI - MISSISSIPPI NATIONAL RIVER AND RECREATION AREA
Part A - Mississippi National River and Recreation Area

-HEAD-
Sec. 460zz. Findings and purposes

-STATUTE-
(a) Findings
The Congress finds that:
(1) The Mississippi River Corridor within the Saint
Paul-Minneapolis Metropolitan Area represents a nationally
significant historical, recreational, scenic, cultural, natural,
economic, and scientific resource.
(2) There is a national interest in the preservation,
protection and enhancement of these resources for the benefit of
the people of the United States.
(3) State and local planning efforts along the River Corridor
provide a unique foundation for coordinating Federal, State, and
local planning and management processes.
(4) Existing Federal agency programs lack sufficient
coordination and financial participation with State and local
planning and regulatory authorities to provide for adequate and
comprehensive resource management and economic development
consistent with the protection of the Mississippi River
Corridor's nationally significant resources, and the public use
and enjoyment of the area.
(5) The preservation, enhancement, enjoyment, and utilization
of the nationally significant resources of the Mississippi River
Corridor can be accomplished by a cooperative Federal, State, and
local comprehensive planning and management effort.
(b) Purposes
The purposes of this part are:
(1) To protect, preserve and enhance the significant values of
the waters and land of the Mississippi River Corridor within the
Saint Paul-Minneapolis Metropolitan Area.
(2) To encourage adequate coordination of all governmental
programs affecting the land and water resources of the
Mississippi River Corridor.
(3) To provide a management framework to assist the State of
Minnesota and its units of local government in the development
and implementation of integrated resource management programs for
the Mississippi River Corridor in order to assure orderly public
and private development in the area consistent with the findings
of this part.

-SOURCE-
(Pub. L. 100-696, title VII, Sec. 701, Nov. 18, 1988, 102 Stat.
4599.)

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXI - MISSISSIPPI NATIONAL RIVER AND RECREATION AREA
Part A - Mississippi National River and Recreation Area

-HEAD-
Sec. 460zz-1. Establishment

-STATUTE-
(a) In general
There is hereby established the Mississippi National River and
Recreation Area (hereinafter in this subchapter referred to as the
"Area") which shall consist of the State designated Mississippi
Critical Area encompassing that portion of the Mississippi River
and adjacent lands generally within the Saint Paul-Minneapolis
Metropolitan Area, as depicted on the map entitled Mississippi
National River and Recreation Area numbered MI-NRA/80,000 and dated
April 1987. The map shall be on file and available for public
inspection in the offices of the Department of the Interior in
Washington, District of Columbia, and in the offices of the
Metropolitan Council of the Twin Cities Area in Saint Paul,
Minnesota.
(b) Boundaries
The Secretary of the Interior (hereinafter referred to as the
"Secretary") shall publish in the Federal Register, as soon as
practicable after November 18, 1988, a detailed description and map
of the boundaries established under subsection (a) of this section.

-SOURCE-
(Pub. L. 100-696, title VII, Sec. 702, Nov. 18, 1988, 102 Stat.
4600.)

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

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXI - MISSISSIPPI NATIONAL RIVER AND RECREATION AREA
Part A - Mississippi National River and Recreation Area

-HEAD-
Sec. 460zz-2. Mississippi River Coordinating Commission

-STATUTE-
(a) Establishment
There is hereby established a Mississippi River Coordinating
Commission whose purpose shall be to assist Federal, State, and
local authorities in the development and implementation of an
integrated resource management plan for those lands and waters as
specified in section 460zz-1 of this title. The Commission shall
consist of the following 22 members appointed by the Secretary of
the Interior:
(1) The Director of the National Park Service, or his designee.
(2) The Chief of the Corps of Engineers, or his designee.
(3) The Director of the Fish and Wildlife Service, or his
designee.
(4) Three individuals, from recommendations by the Governor of
Minnesota, to represent the Minnesota Department of Natural
Resources, Department of Transportation, and Minnesota
Environmental Quality Board.
(5) One individual, to represent the Minnesota Historical
Society.
(6) One individual, to represent the Metropolitan Council of
the Twin Cities Area.
(7) Four elected officials, to represent the cities of Saint
Paul and Minneapolis.
(8) Four elected officials, from recommendations by the
Governor of Minnesota, to represent the interests of the other
affected municipalities and counties.
(9) One individual, to represent the Metropolitan Parks and
Open Spaces Commission.
(10) One individual, from recommendations by the Governor of
Minnesota, to represent the interests of commercial navigation.
(11) Four individuals, from recommendations by the Governor of
Minnesota, to be chosen from the general public.
(b) Terms
(1) Except as provided in paragraphs (2) and (3), members (other
than ex officio members) shall be appointed for terms of three
years.
(2) Of the members first appointed -
(A) Under paragraph (4) of subsection (a) of this section:
(i) One shall be appointed for a term of one year.
(ii) One shall be appointed for a term of two years.

(B) Under paragraphs (7) and (8) of subsection (a) of this
section, one shall be appointed for a term of one year.
(C) Under paragraph (11) of subsection (a) of this section:
(i) One shall be appointed for a term of one year.
(ii) One shall be appointed for a term of two years.
(iii) One shall be appointed for a term of four years.

(3) 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.
(c) Compensation
Members of the Commission shall serve without pay. While away
from their homes or regular places of business in the performance
of services for the Commission, members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in Government
service are allowed expenses under section 5703 of title 5.
(d) Chairperson
The Chairperson of the Commission shall be appointed by the
Secretary from among the members of the Commission nominated by the
Governor of Minnesota and shall serve for a term of three years.
(e) Quorum
Twelve members of the Commission shall constitute a quorum.
(f) Meetings
The Commission shall meet at the call of the Chairman (!1) or a
majority of its members.

(g) Development of policies and programs (continued)