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(continued)
accordance with applicable regulations of the Secretary and the
management plan for the conservation area.
(12) Hydroelectric facilities for the generation and
transmission of electricity exist within the Snake River Birds of
Prey Area pursuant to a license(s) issued by the Federal Energy
Regulatory Commission, or its predecessor, the Federal Power
Commission.

-SOURCE-
(Pub. L. 103-64, Sec. 1, Aug. 4, 1993, 107 Stat. 302.)

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXX - SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION
AREA

-HEAD-
Sec. 460iii-1. Definitions

-STATUTE-
As used in this subchapter:
(1) The term "Secretary" means the Secretary of the Interior.
(2) The term "conservation area" means the Snake River Birds of
Prey National Conservation Area established by section 460iii-2
of this title.
(3) The term "raptor" or "raptors" means individuals or
populations of eagles, falcons, owls, hawks, and other birds of
prey.
(4) The term "raptor habitat" includes the habitat of the
raptor prey base as well as the nesting and hunting habitat of
raptors within the conservation area.
(5) The term "Memorandum of Understanding" means the Memorandum
of Understanding #ID-237, dated May 1985, between the State of
Idaho Military Division and the Bureau of Land Management.
(6) The term "Orchard Training Area" means that area generally
so depicted on the map referred to in section 460iii-2(b) of this
title, and as described in the Memorandum of Understanding as
well as the air space over the same.
(7) The term "Impact Area" means that area which was used for
the firing of live artillery projectiles and is used for live
fire ranges of all types and, therefore, poses a danger to public
safety and which is generally so depicted on the map referred to
in section 460iii-2(b) of this title.
(8) The term "Artillery Impact Area" means that area within the
Impact Area into which live projectiles are fired, which is
generally described as that area labeled as such on the map
referred to in section 460iii-2(b) of this title.
(9) The term "the plan" means the comprehensive management plan
developed for the conservation area, dated August 30, 1985,
together with such revisions thereto as may be required in order
to implement this subchapter.
(10) The term "hydroelectric facilities" means all facilities
related to the generation, transmission, and distribution of
hydroelectric power and which are subject to, and authorized by,
a license(s), and any and all amendments thereto, issued by the
Federal Energy Regulatory Commission.

-SOURCE-
(Pub. L. 103-64, Sec. 2, Aug. 4, 1993, 107 Stat. 304.)

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXX - SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION
AREA

-HEAD-
Sec. 460iii-2. Establishment

-STATUTE-
(a) In general
(1) There is hereby established the Snake River Birds of Prey
National Conservation Area (hereafter referred to as the
"conservation area").
(2) The purposes for which the conservation area is established,
and shall be managed, are to provide for the conservation,
protection, and enhancement of raptor populations and habitats and
the natural and environmental resources and values associated
therewith, and of the scientific, cultural, and educational
resources and values of the public lands in the conservation area.
(3) Subject to the provisions of subsection (d) of this section
and section 460iii-3 of this title, uses of the public lands in the
conservation area existing on August 4, 1993, shall be allowed to
continue.
(b) Area included
The conservation area shall consist of approximately 482,457
acres of federally owned lands and interests therein managed by the
Bureau of Land Management as generally depicted on the map entitled
"Snake River Birds of Prey National Conservation Area", dated
November 1991.
(c) Map and legal description
As soon as is practicable after August 4, 1993, the map referred
to in subsection (b) of this section and a legal description of the
conservation area shall be filed by the Secretary with the
Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate. Each
such map 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 map and legal description. Each such
map shall be on file and available for public inspection in the
office of the Director and the Idaho State Director of the Bureau
of Land Management of the Department of the Interior.
(d) Withdrawals
Subject to valid existing rights, the Federal lands within the
conservation area are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; and from
entry, application, and selection under the Act of March 3, 1877
(Ch. 107, 19 Stat. 377, 43 U.S.C. 321 et seq.; commonly referred to
as the "Desert Lands Act"), section 641 of title 43, the Act of
July 3, 1890 (Ch. 656, 26 Stat. 215; commonly referred to as the
"State of Idaho Admissions Act"), section 851 of title 43, and
section 852 of title 43. The Secretary shall return to the
applicants any such applications pending on August 4, 1993, without
further action. Subject to valid existing rights, as of August 4,
1993, lands within the Birds of Prey Conservation Area are
withdrawn from location under the general mining laws, the
operation of the mineral and geothermal leasing laws, and the
mineral material disposal laws, except that mineral materials
subject to disposal may be made available from existing sites to
the extent compatible with the purposes for which the conservation
area is established.

-SOURCE-
(Pub. L. 103-64, Sec. 3, Aug. 4, 1993, 107 Stat. 304.)

-REFTEXT-
REFERENCES IN TEXT
The public land laws, referred to in subsec. (d), are classified
generally to Title 43, Public Lands.
Act of March 3, 1877, referred to in subsec. (d), is act Mar. 3,
1877, ch. 107, 19 Stat. 377, as amended, which is classified
generally to sections 321 to 323, 325, and 327 to 329 of Title 43.
For complete classification of this Act to the Code, see Tables.
Act of July 3, 1890, referred to in subsec. (d), is not
classified to the Code.
The general mining laws and the mineral leasing laws, referred to
in subsec. (d), are classified generally to Title 30, Mineral Lands
and Mining.
Geothermal leasing laws, referred to in subsec. (d), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title
30.
For mineral material disposal laws, referred to in subsec. (d),
see the Materials Act of July 31, 1947, 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.

-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.

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

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXX - SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION
AREA

-HEAD-
Sec. 460iii-3. Management and use

-STATUTE-
(a) In general
(1)(A) Within 1 year after August 4, 1993, the Secretary shall
make any revisions in the existing management plan for the
conservation area as necessary to assure its conformance with this
subchapter, and no later than January 1, 1996, shall finalize a new
management plan for the conservation area.
(B) Thereafter, the Secretary shall review the plan at least once
every 5 years and shall make such revisions as may be necessary or
appropriate.
(C) In reviewing and revising the plan, the Secretary shall
provide for appropriate public participation.
(2) Except as otherwise specifically provided in section
460iii-2(d) of this title and subsections (d), (e), and (f) of this
section, the Secretary shall allow only such uses of lands in the
conservation area as the Secretary determines will further the
purposes for which the Conservation (!1) Area (!1) is established.

(b) Management guidance
After each review pursuant to subsection (a) of this section, the
Secretary shall make such revisions as may be needed so that the
plan and management program to implement the plan include, in
addition to any other necessary or appropriate provisions,
provisions for -
(1) protection for the raptor populations and habitats and the
scientific, cultural, and educational resources and values of the
public lands in the conservation area;
(2) identifying levels of continued military use of the Orchard
Training Area compatible with paragraph (1) of this subsection;
(3) public use of the conservation area consistent with the
purposes of this subchapter;
(4) interpretive and educational opportunities for the public;
(5) a program for continued scientific investigation and study
to provide information to support sound management in accordance
with this subchapter, to advance knowledge of raptor species and
the resources and values of the conservation area, and to provide
a process for transferring to other areas of the public lands and
elsewhere this knowledge and management experience;
(6) such vegetative enhancement and other measures as may be
necessary to restore or enhance prey habitat;
(7) the identification of levels, types, timing, and terms and
conditions for the allowable nonmilitary uses of lands within the
conservation area that will be compatible with the protection,
maintenance, and enhancement of raptor populations and habitats
and the other purposes for which the conservation area is
established; and
(8) assessing the desirability of imposing appropriate fees for
public uses (including, but not limited to, recreational use) of
lands in the conservation area, which are not now subject to
fees, to be used to further the purposes for which the
conservation area is established.
(c) Visitors center
The Secretary, acting through the Director of the Bureau of Land
Management, is authorized to establish, in cooperation with other
public or private entities as the Secretary may deem appropriate, a
visitors center designed to interpret the history and the
geological, ecological, natural, cultural, and other resources of
the conservation area and the biology of the raptors and their
relationships to man.
(d) Visitors use of area
In addition to the Visitors (!1) Center (!1), the Secretary may
provide for visitor use of the public lands in the conservation
area to such extent and in such manner as the Secretary considers
consistent with the protection of raptors and raptor habitat,
public safety, and the purposes for which the conservation area is
established. To the extent practicable, the Secretary shall make
available to visitors and other members of the public a map of the
conservation area and such other educational and interpretive
materials as may be appropriate.
(e) National Guard use of area
(1) Pending completion of the ongoing research concerning
military use of lands in the conservation area, or until the date 5
years after August 4, 1993, whichever is the shorter period, the
Secretary shall permit continued military use of those portions of
the conservation area known as the Orchard Training Area in
accordance with the Memorandum of Understanding, to the extent
consistent with the use levels identified pursuant to subsection
(b)(2) of this section.
(2) Upon completion of the ongoing research concerning military
use of lands in the conservation area, the Secretary shall review
the management plan and make such additional revisions therein as
may be required to assure that it meets the requirements of this
subchapter.
(3) Upon completion of the ongoing research concerning military
use of lands in the conservation area, the Secretary shall submit
to the Committees on Natural Resources and Merchant Marine and
Fisheries of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report of the results
of such research.
(4) Nothing in this subchapter shall preclude minor adjustment of
the boundaries of the Orchard Training Area in accordance with
provisions of the Memorandum of Understanding.
(5) After completion of the ongoing research concerning military
use of lands in the Orchard Training Area or after the date 5 years
after August 4, 1993, whichever first occurs, the Secretary shall
continue to permit military use of such lands, unless the
Secretary, on the basis of such research, determines such use is
not compatible with the purposes set forth in section
460iii-2(a)(2) of this title. Any such use thereafter shall be
permitted in accordance with the Memorandum of Understanding, which
may be extended or renewed by the Secretary so long as such use
continues to meet the requirements of subsection (b)(2) of this
section.
(6) In accordance with the Memorandum of Understanding, the
Secretary shall require the State of Idaho Military Division to
insure that military units involved maintain a program of
decontamination.
(7) Nothing in this subchapter shall be construed as by itself
precluding the extension or renewal of the Memorandum of
Understanding, or the construction of any improvements or buildings
in the Orchard Training Area so long as the requirements of this
subsection are met.
(f) Livestock grazing
(1) So long as the Secretary determines that domestic livestock
grazing is compatible with the purposes for which the conservation
area is established, the Secretary shall permit such use of public
lands within the conservation area, to the extent such use of such
lands is compatible with such purposes. Determinations as to
compatibility shall be made in connection with the initial revision
of management plans for the conservation area and in connection
with each plan review required by subsection (a)(1)(B) of this
section.
(2) Any livestock grazing on public lands within the conservation
area, and activities the Secretary determines necessary to carry
out proper and practical grazing management programs on such lands
(such as animal damage control activities) shall be managed in
accordance with the Act of June 28, 1934 (43 U.S.C. 315 et seq.;
commonly referred to as the "Taylor Grazing Act"), section 1752 of
title 43, other laws applicable to such use and programs on the
public lands, and the management plan for the conservation area.
(g) Cooperative agreements
The Secretary is authorized to provide technical assistance to,
and to enter into such cooperative agreements and contracts with,
the State of Idaho and with local governments and private entities
as the Secretary deems necessary or desirable to carry out the
purposes and policies of this subchapter.
(h) Agricultural practices
Nothing in this subchapter shall be construed as constituting a
grant of authority to the Secretary to restrict recognized
agricultural practices or other activities on private land adjacent
to or within the conservation area boundary.
(i) Hydroelectric facilities
Notwithstanding any provision of this subchapter, or regulations
and management plans undertaken pursuant to its provisions, the
Federal Energy Regulatory Commission shall retain its current
jurisdiction concerning all aspects of the continued and future
operation of hydroelectric facilities, licensed or relicensed under
the Federal Power Act (16 U.S.C. 791a et seq.), located within the
boundaries of the conservation area.

-SOURCE-
(Pub. L. 103-64, Sec. 4, Aug. 4, 1993, 107 Stat. 305.)

-REFTEXT-
REFERENCES IN TEXT
Act of June 28, 1934, referred to in subsec. (f), is act June 28,
1934, ch. 865, 48 Stat. 1269, as amended, which is classified
principally to subchapter I (Sec. 315 et seq.) of chapter 8A of
Title 43, Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 315 of Title
43 and Tables.
The Federal Power Act, referred to in subsec. (i), is act June
10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified
generally to chapter 12 (Sec. 791a et seq.) of this title. For
complete classification of this Act to the Code, see section 791a
of this title and Tables.

-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.


-TRANS-
ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For
treatment of references to Committee on Merchant Marine and
Fisheries, see section 1(b)(3) 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 460iii, 460iii-2 of this
title.

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


-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXX - SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION
AREA

-HEAD-
Sec. 460iii-4. Additions

-STATUTE-
(a) Acquisitions
(1) The Secretary is authorized to acquire lands and interests
therein within the boundaries of the conservation area by donation,
purchase with donated or appropriated funds, exchange, or transfer
from another Federal agency, except that such lands or interests
owned by the State of Idaho or a political subdivision thereof may
be acquired only by donation or exchange.
(2) Any lands located within the boundaries of the conservation
area that are acquired by the United States on or after August 4,
1993, shall become a part of the conservation area and shall be
subject to this subchapter.
(b) Purchase of lands
In addition to the authority in section 1748(d) of title 43 and
notwithstanding section 460l-9(a) (!1) of this title, monies
appropriated from the Land and Water Conservation Fund may be used
as authorized in section 1534(b) of this title, for the purposes of
acquiring lands or interests therein within the conservation area
for administration as public lands as a part of the conservation
area.

(c) Land exchanges
The Secretary shall, within 4 years after August 4, 1993, study,
identify, and initiate voluntary land exchanges which would resolve
ownership related land use conflicts within the conservation area.

-SOURCE-
(Pub. L. 103-64, Sec. 5, Aug. 4, 1993, 107 Stat. 308.)

-REFTEXT-
REFERENCES IN TEXT
Section 460l-9(a) of this title, referred to in subsec. (b), was
in the original "section 7(a) of the Land and Water Conservation
Fund Act of 1964 (16 U.S.C. 460l-9(a))," and was translated as
reading section 7(a) of the Land and Water Conservation Fund Act of
1965, to reflect the probable intent of Congress.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXX - SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION
AREA

-HEAD-
Sec. 460iii-5. Other laws and administrative provisions

-STATUTE-
(a) Other laws
(1) Nothing in this subchapter shall be construed to supersede,
limit, or otherwise affect administration and enforcement of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or to limit
the applicability of the National Trails System Act [16 U.S.C. 1241
et seq.] to any lands within the conservation area.
(2) Except as otherwise specifically provided in this subchapter,
nothing in this subchapter shall be construed as limiting the
applicability to lands in the conservation area of laws applicable
to public lands generally, including but not limited to the
National Historic Preservation Act [16 U.S.C. 470 et seq.], the
Archaeological Resources Protection Act of 1979 [16 U.S.C. 470aa et
seq.], or the Native American Graves Protection and Repatriation
Act [25 U.S.C. 3001 et seq.].
(3) Nothing in this subchapter shall be construed as by itself
altering the status of any lands that on August 4, 1993, were not
managed by the Bureau of Land Management.
(4) Nothing in this subchapter shall be construed as prohibiting
the Secretary from engaging qualified persons to use public lands
within the conservation area for the propagation of plants
(including seeds) to be used for vegetative enhancement of the
conservation area in accordance with the plan and in furtherance of
the purposes for which the conservation area is established.
(b) Release
The Congress finds and directs that the public lands within the
Snake River Birds of Prey Natural Area established as a natural
area in October 1971 by Public Land Order 5133 have been adequately
studied and found unsuitable for wilderness designation pursuant to
section 1782 of title 43. Such lands are hereby released from
further management pursuant to section 1782(c) of title 43 and
shall be managed in accordance with other applicable provisions of
law, including this subchapter.
(c) Existing administrative withdrawal terminated
Public Land Orders 5133 dated October 12, 1971, and 5777 dated
November 21, 1980, issued by the Secretary are hereby revoked
subject to subsections (d)(3) and (d)(4) of this section.
(d) Water
(1) The Congress finds that the United States is currently a
party in an adjudication of rights to waters of the Snake River,
including water rights claimed by the United States on the basis of
the reservation of lands for purposes of conservation of fish and
wildlife and that consequently there is no need for this subchapter
to effect a reservation by the United States of rights with respect
to such waters in order to fulfill the purposes for which the
conservation area is established.
(2) Nothing in this subchapter or any action taken pursuant
thereto shall constitute either an expressed or implied reservation
of water or water rights for any purpose.
(3) Nothing in this subchapter shall be construed as effecting a
relinquishment or reduction of any of the water rights held or
claimed by the United States within the State of Idaho or elsewhere
on or before August 4, 1993.
(4) The Secretary and all other officers of the United States
shall take all steps necessary to protect all water rights claimed
by the United States in the Snake River adjudication now pending in
the district court of the State of Idaho in which the United States
is joined under section 666 of title 43.

-SOURCE-
(Pub. L. 103-64, Sec. 6, Aug. 4, 1993, 107 Stat. 308.)

-REFTEXT-
REFERENCES IN TEXT
The Endangered Species Act of 1973, referred to in subsec.
(a)(1), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended,
which is classified generally to chapter 35 (Sec. 1531 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 1531 of this title and
Tables.
The National Trails System Act, referred to in subsec. (a)(1), is
Pub. L. 90-543, Oct. 2, 1968, 82 Stat. 919, as amended, which is
classified generally to chapter 27 (Sec. 1241 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1241 of this title and
Tables.
The National Historic Preservation Act, referred to in subsec.
(a)(2), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended,
which is classified generally to subchapter II (Sec. 470 et seq.)
of chapter 1A of this title. For complete classification of this
Act to the Code, see section 470 of this title and Tables.
The Archaeological Resources Protection Act of 1979, referred to
in subsec. (a)(2), is Pub. L. 96-95, Oct. 31, 1979, 93 Stat. 721,
which is classified generally to chapter 1B (Sec. 470aa et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 470aa of this title and
Tables.
The Native American Graves Protection and Repatriation Act,
referred to in subsec. (a)(2), is Pub. L. 101-601, Nov. 16, 1990,
104 Stat. 3048, which is classified principally to chapter 32 (Sec.
3001 et seq.) of Title 25, Indians. For complete classification of
this Act to the Code, see Short Title note set out under section
3001 of Title 25 and Tables.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXX - SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION
AREA

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

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

-SOURCE-
(Pub. L. 103-64, Sec. 7, Aug. 4, 1993, 107 Stat. 310.)

-End-


-CITE-
16 USC SUBCHAPTER CXXI - JEMEZ NATIONAL RECREATIONAL AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXI - JEMEZ NATIONAL RECREATIONAL AREA

-HEAD-
SUBCHAPTER CXXI - JEMEZ NATIONAL RECREATIONAL AREA

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXI - JEMEZ NATIONAL RECREATIONAL AREA

-HEAD-
Sec. 460jjj. Establishment

-STATUTE-
(a) In general
In order to conserve, protect, and restore the recreational,
ecological, cultural, religious, and wildlife resource values of
the Jemez Mountains, there is hereby established the Jemez National
Recreational Area (hereinafter in this subchapter referred to as
the "recreation area"), to be administered by the Secretary of
Agriculture (hereinafter in this subchapter referred to as the
"Secretary").
(b) Area included
The recreation area shall be comprised of approximately 57,000
acres of lands and interests in lands within the Santa Fe National
Forest as generally depicted on the map entitled "Jemez National
Recreation Area - Proposed" and dated September 1992. The map shall
be on file and available for public inspection in the offices of
the Chief of the Forest Service, Department of Agriculture,
Washington, District of Columbia. The Secretary may from time to
time, in consultation with local tribal leaders, make minor
revisions in the boundary of the recreation area to promote
management effectiveness and efficiency in furtherance of the
purposes of this subchapter.
(c) Map and description
As soon as practicable after October 12, 1993, the Secretary
shall file a map and legal description of the recreation area with
the Committee on Natural Resources of the House of Representatives
and with the Committee on Energy and Natural Resources and the
Committee on Indian Affairs of the Senate. Such map and legal
description shall have the same force and effect as if included in
this subchapter, except that correction of clerical and
typographical errors in such legal description and map may be made.
Such map and legal description shall be on file and available for
public inspection in the Office of the Chief of the Forest Service,
Department of Agriculture.
(d) No additional lands
No lands or interests therein outside of the boundaries of the
recreation area may be added to the recreation area without
specific authorization by Congress.

-SOURCE-
(Pub. L. 103-104, Sec. 1, Oct. 12, 1993, 107 Stat. 1025; Pub. L.
103-437, Sec. 6(q), Nov. 2, 1994, 108 Stat. 4587.)


-MISC1-
AMENDMENTS
1994 - Subsec. (c). Pub. L. 103-437 in first sentence struck out
"Select" before "Committee on Indian Affairs".

-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. 460jjj-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXI - JEMEZ NATIONAL RECREATIONAL AREA

-HEAD-
Sec. 460jjj-1. Administration

-STATUTE-
(a) In general
The Secretary shall administer the recreation area in accordance
with this subchapter and the laws, rules, and regulations
applicable to National Forest System lands in a manner that will
further the purposes of the recreation area. Management of the
natural resources within the recreation area shall be permitted
only to the extent that such management is compatible with and does
not impair the purposes for which the recreation area is
established. Recreational activities within the recreation area
shall include (but not be limited to) hiking, camping, hunting,
fishing, skiing, backpacking, rock climbing, and swimming.
(b) Management plan
The Secretary shall, no later than 5 years after October 12,
1993, develop a management plan for the recreation area, as an
amendment to the Santa Fe National Forest Land and Resource
Management Plan, to reflect the establishment of the recreation
area and to conform to the provisions of this subchapter. Nothing
in this subchapter shall require the Secretary to revise the Santa
Fe Forest Land and Resource Management Plan pursuant to section
1604 of this title. During development of the management plan for
the recreation area, the Secretary shall study newly designated
land within the recreation area, and adjacent national forest land.
(c) Cultural resources
In administering the recreation area, the Secretary shall give
particular emphasis to the preservation, stabilization, and
protection of cultural resources located within the recreation area
in furtherance of the Archaeological Resources Protection Act of
1979 [16 U.S.C. 470aa et seq.], the National Historic Preservation
Act [16 U.S.C. 470 et seq.], and the Act of August 11, 1978 [42
U.S.C. 1996, 1996a] (commonly referred to as the "American Indian
Religious Freedom Act").
(d) Native Americans
(1) In recognition of the historic use of portions of the
recreation area by Indian peoples for traditional cultural and
customary uses, the Secretary shall, subject to the provisions of
subsection (n) of this section in consultation with local tribal
leaders, ensure the protection of religious and cultural sites and
provide access from time to time to those sites by Indian peoples
for traditional cultural and customary uses. Such access shall be
consistent with the purpose and intent of the Act of August 11,
1978 [42 U.S.C. 1996, 1996a] (commonly referred to as the "American
Indian Religious Freedom Act"). The Secretary, in accordance with
such Act, upon request of an Indian tribe or pueblo, may from time
to time temporarily close to general public use one or more
specific portions of the recreational area in order to protect
traditional and customary uses in such portions by Indian peoples.
(2) In preparing and implementing management plans for the
recreation area, the Secretary shall request that the Governor of
the Pueblo of Jemez and the chief executive officers of other
appropriate Indian tribes and pueblos make recommendations on
methods of -
(A) assuring access to religious and cultural sites;
(B) enhancing the privacy and continuity of traditional
cultural and religious activities in the recreation area; and
(C) protecting traditional cultural and religious sites in the
recreation area.
(e) Wildlife resources
In administering the recreation area, the Secretary shall give
particular emphasis to the conservation and protection of wildlife
resources, including species listed as sensitive by the Forest
Service, within the recreation area and shall comply with
applicable Federal and State laws relating to wildlife, including
the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.].
(f) Hunting
The Secretary shall permit hunting and fishing on lands and
waters under the jurisdiction of the Secretary within the
recreation area in accordance with applicable Federal and State
law.
(g) Timber harvesting
The Secretary may permit timber harvesting in the recreation area
for commercial purposes, including (but not limited to) vigas,
latillas, the gathering of fuelwood, and for purposes of public
safety, recreation, wildlife, and administration, insofar as the
harvesting is compatible with the purposes of the recreation area.
Trees damaged or downed due to fire, disease, or insect infestation
may be utilized, salvaged, or removed from the recreation area as
authorized by the Secretary in furtherance of the purposes of this
subchapter. Nothing in this subchapter shall be construed to affect
the timber sales under contract on October 12, 1993. Nothing in
this subchapter shall be construed to effect the Los Griegos timber
sale in the Los Griegos Diversity Unit number 0322 as shown on the
West Half Diversity Unit map of the Santa Fe National Forest dated
November 1991; except that the Secretary shall manage such sale
using uneven aged management including the individual tree
selection method.
(h) Grazing
The Secretary may permit grazing within the recreation area in
accordance with regulations prescribed by the Secretary. Riparian
areas shall be managed in such a manner as to protect their
important resource values.
(i) Transportation plan
(1) Within 1 year after October 12, 1993, the Secretary shall
prepare a transportation plan that provides for the most efficient
use of roads and trails to accomplish the purposes of this
subchapter. The plan shall provide for a comprehensive trails
system that provides for dispersed recreation while minimizing
impact on significant archaeological and religious sites.
(2) The Secretary shall construct, maintain, and close roads
within the recreation area after consultation with local tribal
leaders and only in accordance with such plan.
(j) Recreational facilities
The Secretary shall provide for recreational facilities within
the recreation area. Such facilities shall be constructed so as to
minimize impacts on the scenic beauty, the natural character, and
the archaeological and religious sites of the recreation area.
(k) Visitor facilities
The Secretary shall establish a visitor center and interpretive
facilities in or near the recreation area for the purpose of
providing for education relating to the interpretation of cultural
and natural resources of the recreation area.
(l) Power transmission lines
In accordance with Federal and State laws and regulations, the
Secretary may permit a utility corridor for high power electric
transmission lines within the recreation area only when the
Secretary determines that -
(1) there is not a feasible alternative for the location of
such corridor;
(2) damage to the recreational and scenic quality and to the
archaeological and religious sites of the recreation area will
not be significant;
(3) it is in the public interest that such corridor be located
in the recreation area; and
(4) a plan to minimize harm to the resources of the recreation
area has been developed.
(m) Scientific investigations
The Secretary may permit scientific investigations within the
recreation area upon the Secretary's determination that such
investigations are in the public interest and are compatible with
the purposes of this subchapter.
(n) Resource protection
The Secretary may designate zones where, and establish periods
when, any activity otherwise permitted in the recreation area will
not be permitted for reasons of public safety, administration, fish
and wildlife management, protection of archaeological or cultural
resources, or public use and enjoyment. Except in emergencies such
designations by the Secretary shall be put into effect only after
consultation with the appropriate State agencies, appropriate
tribal leaders, and other affected parties.

-SOURCE-
(Pub. L. 103-104, Sec. 2, Oct. 12, 1993, 107 Stat. 1025.)

-REFTEXT-
REFERENCES IN TEXT
The Archaeological Resources Protection Act of 1979, referred to
in subsec. (c), is Pub. L. 96-95, Oct. 31, 1979, 93 Stat. 721,
which is classified generally to chapter 1B (Sec. 470aa et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 470aa of this title and
Tables.
The National Historic Preservation Act, referred to in subsec.
(c), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended,
which is classified generally to subchapter II (Sec. 470 et seq.)
of chapter 1A of this title. For complete classification of this
Act to the Code, see section 470 of this title and Tables.
The American Indian Religious Freedom Act, referred to in
subsecs. (c) and (d)(1), is Pub. L. 95-341, Aug. 11, 1978, 92 Stat.
469, as amended, which is classified to sections 1996 and 1996a of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 1996 of Title 42 and Tables.
The Endangered Species Act of 1973, referred to in subsec. (e),
is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which
is classified generally to chapter 35 (Sec. 1531 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1531 of this title and
Tables.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXI - JEMEZ NATIONAL RECREATIONAL AREA

-HEAD-
Sec. 460jjj-2. Minerals and mining

-STATUTE-
(a) Limitation on patent issuance
(1) Notwithstanding any other provision of law, no patents shall
be issued after May 30, 1991, for any location or claim made in the
recreation area under the mining laws of the United States.
(2) Notwithstanding any statute of limitations or similar
restriction otherwise applicable, any party claiming to have been
deprived of any property right by enactment of paragraph (1) may
file in the United States Claims Court (!1) a claim against the
United States within 1 year after October 12, 1993, seeking
compensation for such property right. The United States Claims
Court (!1) shall have jurisdiction to render judgment upon any such
claim in accordance with section 1491 of title 28.

(b) Withdrawal
Subject to valid existing rights, after October 12, 1993, lands
within the recreation area withdrawn from location under the
general mining laws and from the operation of the mineral leasing,
geothermal leasing, and mineral material disposal laws.
(c) Reclamation
No mining activity involving any surface disturbance of lands or
waters within such area, including disturbance through subsidence,
shall be permitted except in accordance with requirements imposed
by the Secretary, including requirements for reasonable reclamation
of disturbed lands to a visual and hydrological condition as close
as practical to their premining condition.
(d) Mining claim validity review
The Secretary of Agriculture shall undertake and complete within
3 years after October 12, 1993, an expedited program to examine all
unpatented mining claims, including those for which a patent
application has been filed, within the recreation area. Upon
determination by the Secretary of Agriculture that the elements of
a contest are present, the Secretary of the Interior shall
immediately determine the validity of such claims. If a claim is
determined to be invalid, the Secretary shall promptly declare the
claim to be null and void.
(e) Public purposes
The Secretary may utilize mineral materials from within the
recreation area for public purposes such as maintenance and
construction of roads, trails, and facilities as long as such use
is compatible with the purposes of the recreation area.

-SOURCE-
(Pub. L. 103-104, Sec. 3, Oct. 12, 1993, 107 Stat. 1028.)

-REFTEXT-
REFERENCES IN TEXT
The mining laws of the United States, the general mining laws,
and the mineral leasing laws, referred to in subsecs. (a)(1) and
(b), are classified generally to Title 30, Mineral Lands and
Mining.
Geothermal leasing laws, referred to in subsec. (b), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title
30.
For mineral material disposal laws, referred to in subsec. (b),
see the Materials Act of July 31, 1947, 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.

-CHANGE-
CHANGE OF NAME
References to United States Claims Court deemed to refer to
United States Court of Federal Claims, see section 902(b) of Pub.
L. 102-572, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.

-FOOTNOTE-
(!1) See Change of Name note below.


-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXI - JEMEZ NATIONAL RECREATIONAL AREA

-HEAD-
Sec. 460jjj-3. Adjoining lands

-STATUTE-
The Secretary may evaluate lands adjoining the recreation area
for possible inclusion in the recreation area and make
recommendations to Congress, including (but not limited to) that
area authorized for study by section 5 of Public Law 101-556 (104
Stat. 2764), known as the Baca Location Number 1. The Secretary, in
consultation with local tribal leaders and the National Park
Service, shall, no later than 2 years after October 12, 1993,
submit recommendations with respect to future boundaries for the
recreation area.

-SOURCE-
(Pub. L. 103-104, Sec. 4, Oct. 12, 1993, 107 Stat. 1028.)

-REFTEXT-
REFERENCES IN TEXT
Public Law 101-556, referred to in text, is not classified to the
Code.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXI - JEMEZ NATIONAL RECREATIONAL AREA

-HEAD-
Sec. 460jjj-4. Acquisition of land

-STATUTE-
(a) State land
Land and interests in land within the boundaries of the
recreation area that are owned by the State of New Mexico, or a
political subdivision of New Mexico, may be acquired only by
donation or exchange.
(b) Offers to sell
(1) In general
Subject to paragraph (2), the Secretary may acquire land and
interests in land within the boundaries of the recreation area by
donation, purchase with donated or appropriated funds, or
exchange.
(2) Limitation
The Secretary may not acquire lands within the recreation area
without the consent of the owner thereof unless the Secretary has
determined that such lands will be put to a use different from
their use as of October 12, 1993, and that such new use would be
incompatible with the protection of the natural and cultural
resources of the recreation area.

-SOURCE-
(Pub. L. 103-104, Sec. 5, Oct. 12, 1993, 107 Stat. 1029.)

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXI - JEMEZ NATIONAL RECREATIONAL AREA

-HEAD-
Sec. 460jjj-5. Authorization of appropriations

-STATUTE-
There is authorized to be appropriated such sums as may be
necessary to carry out the purposes of this subchapter.

-SOURCE-
(Pub. L. 103-104, Sec. 6, Oct. 12, 1993, 107 Stat. 1029.)

-End-


-CITE-
16 USC SUBCHAPTER CXXII - BOSTON HARBOR ISLANDS NATIONAL
RECREATION AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXII - BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA

-HEAD-
SUBCHAPTER CXXII - BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXII - BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA

-HEAD-
Sec. 460kkk. Boston Harbor Islands National Recreation Area

-STATUTE-
(a) Purposes
The purposes of this section are -
(1) to preserve for public use and enjoyment the lands and
waters that comprise the Boston Harbor Islands National
Recreation Area;
(2) to manage the recreation area in partnership with the (continued)