Loading (50 kb)...'
(continued)
for development, plus or minus such amounts, if any, as may be
justified by reason of ordinary fluctuations in construction costs
as indicated by engineering cost indices applicable to the types of
construction involved herein. The sums authorized in this section
shall be available for acquisition and development undertaken
subsequent to November 12, 1971.
-SOURCE-
(Pub. L. 92-155, Sec. 7, Nov. 12, 1971, 85 Stat. 423; Pub. L.
94-578, title I, Sec. 101(1), Oct. 21, 1976, 90 Stat. 2732.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-578 substituted "$275,000" for "$125,000".
-End-
-CITE-
16 USC Sec. 272g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXX - ARCHES NATIONAL PARK
-HEAD-
Sec. 272g. Land exchange involving school trust land
-STATUTE-
(a) Exchange requirement
(1) In general
If, not later than 1 year after October 30, 1998, and in
accordance with this section, the State of Utah offers to
transfer all right, title, and interest of the State in and to
the school trust land described in subsection (b)(1) of this
section to the United States, the Secretary -
(A) shall accept the offer on behalf of the United States;
and
(B) not later than 180 days after the date of acceptance,
shall convey to the State of Utah all right, title, and
interest of the United States in and to the land described in
subsection (b)(2) of this section.
(2) Simultaneous conveyances
Title to the school trust land shall be conveyed at the same
time as conveyance of title to the Federal lands by the
Secretary.
(3) Valid existing rights
The land exchange under this section shall be subject to valid
existing rights, and each party shall succeed to the rights and
obligations of the other party with respect to any lease,
right-of-way, or permit encumbering the exchanged land.
(b) Description of parcels
(1) State conveyance
The school trust land to be conveyed by the State of Utah under
subsection (a) of this section is section 16, Township 23 South,
Range 22 East of the Salt Lake base and meridian.
(2) Federal conveyance
The Federal land to be conveyed by the Secretary consists of
approximately 639 acres located in section 1, Township 25 South,
Range 18 East, Salt Lake base and meridian, and more fully
described as follows:
(A) Lots 1 through 12.
(B) The S 1/2(!N)1/2 of such section.
(C) The N 1/2(!N)1/2(!N)1/2(!S)1/2 of such section.
(3) Equivalent value
The Federal land described in paragraph (2) shall be considered
to be of equivalent value to that of the school trust land
described in paragraph (1).
(c) Management by State
(1) In general
At least 60 days before undertaking or permitting any surface
disturbing activities to occur on land acquired by the State of
Utah under this section, the State shall consult with the Utah
State Office of the Bureau of Land Management concerning the
extent and impact of such activities on Federal land and
resources and conduct, in a manner consistent with Federal law,
inventory, mitigation, and management activities in connection
with any archaeological, paleontological, and cultural resources
located on the acquired lands.
(2) Preservation of existing uses
To the extent that it is consistent with applicable law
governing the use and disposition of State school trust land, the
State shall preserve existing grazing, recreational, and wildlife
uses of the acquired lands in existence on October 30, 1998.
(3) Activities authorized by management plan
Nothing in this subsection precludes the State of Utah from
authorizing or undertaking a surface or mineral activity that is
authorized by a land management plan for the acquired land.
-SOURCE-
(Pub. L. 92-155, Sec. 8, as added Pub. L. 105-329, Sec. 2(e)(2),
Oct. 30, 1998, 112 Stat. 3062; amended Pub. L. 106-176, title III,
Sec. 302, Mar. 10, 2000, 114 Stat. 32.)
-MISC1-
AMENDMENTS
2000 - Subsec. (b)(2). Pub. L. 106-176, Sec. 302(1), substituted
"located in section 1, Township 25 South, Range 18 East, Salt Lake
base and meridian, and more fully described as follows:" and
subpars. (A) to (C) for ", described as lots 1 through 12 located
in the S 1/2(!N)1/2 and the N 1/2(!N)1/2(!N)1/2(!S)1/2 of section
1, Township 25 South, Range 18 East, Salt Lake base and meridian."
Subsec. (d). Pub. L. 106-176, Sec. 302(2), struck out heading and
text of subsec. (d). Text read as follows: "Administrative actions
necessary to implement the land exchange under this section shall
be completed not later than 180 days after October 30, 1998."
EFFECT ON SCHOOL TRUST LAND
Pub. L. 105-329, Sec. 2(e)(1), Oct. 30, 1998, 112 Stat. 3062,
provided that: "Congress finds that -
"(A) a parcel of State school trust land, more specifically
described as section 16, township 23 south, range 22 east, of the
Salt Lake base and meridian, is partially contained within the
Lost Spring Canyon Addition included within the boundaries of
Arches National Park by the amendment by subsection (a) [amending
section 272 of this title];
"(B) the parcel was originally granted to the State of Utah for
the purpose of generating revenue for the public schools through
the development of natural and other resources located on the
parcel; and
"(C) it is in the interest of the State of Utah and the United
States for the parcel to be exchanged for Federal land of
equivalent value outside the Lost Spring Canyon Addition to
permit Federal management of all lands within the Lost Spring
Canyon Addition."
-End-
-CITE-
16 USC SUBCHAPTER XXXI - CAPITOL REEF NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXI - CAPITOL REEF NATIONAL PARK
-HEAD-
SUBCHAPTER XXXI - CAPITOL REEF NATIONAL PARK
-End-
-CITE-
16 USC Sec. 273 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXI - CAPITOL REEF NATIONAL PARK
-HEAD-
Sec. 273. Establishment
-STATUTE-
(a) Description of area
Subject to valid existing rights, the lands, waters, and
interests therein within the boundary generally depicted on the map
entitled "Boundary Map, Proposed Capitol Reef National Park, Utah,"
numbered 158-91,002, and dated January 1971, are hereby established
as the Capitol Reef National Park (hereinafter referred to as the
"park"). Such map shall be on file and available for public
inspection in the offices of the National Park Service, Department
of the Interior.
(b) Abolition of Capitol Reef National Monument; funds of monument
available for park; administration of lands excluded from
monument
The Capitol Reef National Monument is hereby abolished, and any
funds available for purposes of the monument shall be available for
purposes of the park. Federal lands, waters, and interests therein
excluded from the monument by this subchapter shall be administered
by the Secretary of the Interior (hereinafter referred to as the
"Secretary") in accordance with the laws applicable to the public
lands of the United States.
-SOURCE-
(Pub. L. 92-207, Sec. 1, Dec. 18, 1971, 85 Stat. 739.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 273a of this title.
-End-
-CITE-
16 USC Sec. 273a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXI - CAPITOL REEF NATIONAL PARK
-HEAD-
Sec. 273a. Acquisition of property; authority of Secretary; State
property
-STATUTE-
The Secretary is authorized to acquire by donation, purchase with
donated or appropriated funds, transfer from any Federal agency,
exchange, or otherwise, the lands and interests in lands described
in section 273 of this title, except that lands or interests
therein owned by the State of Utah, or any political subdivision
thereof, may be acquired only with the approval of such State or
political subdivision.
-SOURCE-
(Pub. L. 92-207, Sec. 2, Dec. 18, 1971, 85 Stat. 739.)
-End-
-CITE-
16 USC Sec. 273b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXI - CAPITOL REEF NATIONAL PARK
-HEAD-
Sec. 273b. Grazing privileges; right of occupancy or use for fixed
term of years; renewal
-STATUTE-
Where any Federal lands included within the park are legally
occupied or utilized on December 18, 1971, for grazing purposes,
pursuant to a lease, permit, or license for a fixed term of years
issued or authorized by any department, establishment, or agency of
the United States, the Secretary of the Interior shall permit the
persons holding such grazing privileges or their heirs to continue
in the exercise thereof during the term of the lease, permit, or
license, and one period of renewal thereafter.
-SOURCE-
(Pub. L. 92-207, Sec. 3, Dec. 18, 1971, 85 Stat. 740.)
-MISC1-
RENEWAL OF CAPITOL REEF NATIONAL PARK GRAZING AUTHORIZATIONS
Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1779,
provided: "That where any Federal lands included within the
boundary of the Park created by the Act of December 18, 1971
(Public Law 92-207) [16 U.S.C. 273 et seq.], were legally occupied
or utilized on the date of approval of that Act [Dec. 18, 1971] for
grazing purposes pursuant to a lease, permit, or license issued or
authorized by any department, establishment, or agency of the
United States, the person or persons so occupying or utilizing such
lands and the heirs of such person or persons shall at that time be
entitled to renew said leases, permits, or licenses under such
terms and conditions as the Secretary of the Interior may
prescribe, for the lifetime of the permittee or any direct
descendants (sons or daughters) born on or before the enactment of
Public Law 92-207 (December 18, 1971). Such grazing activities
shall be subject to the following conditions:
"(a) Grazing will be based on active preference that exists on
the date of this Act [Sept. 27, 1988] and no increase in animal
unit months will be allowed on Park lands.
"(b) No physical improvements for stock use will be established
on National Park Service lands without the written concurrence of
the Park Superintendent.
"(c) Nothing in this section shall apply to any lease, permit, or
license for mining purposes or for public accommodations and
services or to any occupancy or utilization of lands for purely
temporary purposes.
"(d) Nothing contained in this Act [see Tables for
classification] shall be construed as creating any vested right,
title interest, or estate in or to any Federal lands.
"(e) The provisions of Public Law 97-341 [formerly set out as a
note below] are hereby repealed.
"(f) Grazing will be managed to encourage the protection of the
Park's natural and cultural resources values."
STUDY OF GRAZING PHASEOUT AT CAPITOL REEF NATIONAL PARK
Pub. L. 97-341, Oct. 15, 1982, 96 Stat. 1639, provided for
retention of Capitol Reef National Park grazing privileges until
Dec. 31, 1994, and a study of grazing at the Park, prior to repeal
by Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1780.
-End-
-CITE-
16 USC Sec. 273c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXI - CAPITOL REEF NATIONAL PARK
-HEAD-
Sec. 273c. Livestock trails, watering rights; driveway regulations
-STATUTE-
Nothing in this subchapter shall be construed as affecting in any
way rights of owners and operators of cattle and sheep herds,
existing on the date immediately prior to December 18, 1971, to
trail their herds on traditional courses used by them prior to
December 18, 1971, and to water their stock, notwithstanding the
fact that the lands involving such trails and watering are situated
within the park: Provided, That the Secretary may promulgate
reasonable regulations providing for the use of such driveways.
-SOURCE-
(Pub. L. 92-207, Sec. 4, Dec. 18, 1971, 85 Stat. 740.)
-End-
-CITE-
16 USC Sec. 273d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXI - CAPITOL REEF NATIONAL PARK
-HEAD-
Sec. 273d. Administration, protection, and development
-STATUTE-
(a) Authority of Secretary
The National Park Service, under the direction of the Secretary,
shall administer, protect, and develop the park, subject to the
provisions of sections 1, 2, 3, and 4 of this title, as amended and
supplemented.
(b) Easements and rights-of-way
The Secretary shall grant easements and rights-of-way on a
nondiscriminatory basis upon, over, under, across, or along any
component of the park area unless he finds that the route of such
easements and rights-of-way would have significant adverse effects
on the administration of the park.
(c) Report by Secretary
Within three years from December 18, 1971, the Secretary of the
Interior shall report to the President, in accordance with
subsections 3(c) and 3(d) of the Wilderness Act [16 U.S.C. 1132 (c)
and (d)], his recommendations as to the suitability or
nonsuitability of any area within the park for preservation as
wilderness, and any designation of any such area as a wilderness
shall be in accordance with said Wilderness Act [16 U.S.C. 1131 et
seq.].
-SOURCE-
(Pub. L. 92-207, Sec. 5, Dec. 18, 1971, 85 Stat. 740.)
-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (c), is Pub. L.
88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (Sec. 1131 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1131 of this title and
Tables.
-End-
-CITE-
16 USC Sec. 273e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXI - CAPITOL REEF NATIONAL PARK
-HEAD-
Sec. 273e. Omitted
-COD-
CODIFICATION
Section, Pub. L. 92-207, Sec. 6, Dec. 18, 1971, 85 Stat. 740,
authorized the Secretary to conduct a study of proposed road
alinements within and adjacent to the park and to submit a report
on the findings and conclusions of the study to the Congress within
two years of Dec. 18, 1971.
-End-
-CITE-
16 USC Sec. 273f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXI - CAPITOL REEF NATIONAL PARK
-HEAD-
Sec. 273f. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this subchapter, not to
exceed, however, $2,173,000 for the acquisition of lands and
interests in lands and not to exceed $1,373,000 for development.
The sums authorized in this section shall be available for
acquisition and development undertaken subsequent to December 18,
1971.
-SOURCE-
(Pub. L. 92-207, Sec. 7, Dec. 18, 1971, 85 Stat. 740; Pub. L.
94-578, title I, Sec. 101(4), Oct. 21, 1976, 90 Stat. 2732; Pub. L.
95-625, title I, Sec. 101(5), Nov. 10, 1978, 92 Stat. 3471.)
-MISC1-
AMENDMENTS
1978 - Pub. L. 95-625 substituted "$1,373,000 for development"
for "$1,052,700 (April 1970 prices) for development, plus or minus
such amounts, if any, as may be justified by reason of ordinary
fluctuations in construction costs as indicated by engineering cost
indexes applicable to the types of construction involved herein".
1976 - Pub. L. 94-578 substituted "$2,173,000" for "$423,000".
-End-
-CITE-
16 USC SUBCHAPTER XXXII - NEZ PERCE NATIONAL HISTORICAL
PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXII - NEZ PERCE NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER XXXII - NEZ PERCE NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 281 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXII - NEZ PERCE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 281. Purpose
-STATUTE-
It is the purpose of this subchapter to facilitate protection and
provide interpretation of sites in the Nez Perce country of Idaho
and in the States of Oregon, Washington, Montana, and Wyoming that
have exceptional value in commemorating the history of the Nation.
-SOURCE-
(Pub. L. 89-19, Sec. 1, May 15, 1965, 79 Stat. 110; Pub. L.
102-576, Sec. 2(1), Oct. 30, 1992, 106 Stat. 4770.)
-MISC1-
AMENDMENTS
1992 - Pub. L. 102-576, which directed the insertion of "and in
the States of Oregon, Washington, Montana, and Wyoming" after "the
Nez Perce Country of Idaho", was executed by making the insertion
after "the Nez Perce country of Idaho" to reflect the probable
intent of Congress.
SHORT TITLE OF 1992 AMENDMENT
Section 1 of Pub. L. 102-576 provided that: "This Act [amending
this section and sections 281a to 281c, 281e, and 281f of this
title] may be cited as the 'Nez Perce National Historical Park
Additions Act of 1991'."
-End-
-CITE-
16 USC Sec. 281a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXII - NEZ PERCE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 281a. Designation
-STATUTE-
To implement this purpose the Secretary of the Interior may
designate as the Nez Perce National Historical Park various
component sites in Federal and non-Federal ownership relating to
the early Nez Perce culture, the Lewis and Clark Expedition through
the area, the fur trade, missionaries, gold mining and logging, the
Nez Perce war of 1877, and such other sites as he finds will depict
the role of the Nez Perce country in the westward expansion of the
Nation. Sites to be so designated shall include -
(1) Tolo Lake, Idaho;
(2) Looking Glass' 1877 Campsite, Idaho;
(3) Buffalo Eddy, Washington and Idaho;
(4) Traditional Crossing Near Doug Bar, Oregon and Idaho;
(5) Camas Meadows Battle Sites, Idaho;
(6) Joseph Canyon Viewpoint, Oregon;
(7) Traditional Campsite at the Fork of the Lostine and Wallowa
Rivers, Oregon;
(8) Burial Site of Chief Joseph the Younger, Washington;
(9) Nez Perce Campsites, Washington;
(10) Big Hole National Battlefield, Montana;
(11) Bear's Paw Battleground, Montana;
(12) Canyon Creek, Montana; and
(13) Hasotino Village, Idaho;
each as described in the National Park Service document entitled
"Nez Perce National Historical Park Additions Study", dated 1990
and Old Chief Joseph's Gravesite and Cemetery, Oregon, as depicted
on the map entitled "Nez Perce Additions", numbered 429-20-018, and
dated September, 1991. Lands added to the Big Hole National
Battlefield, Montana, pursuant to paragraph (10) shall become part
of, and be placed under the administrative jurisdiction of, the Big
Hole National Battlefield, but may be interpreted in accordance
with the purposes of this subchapter.
-SOURCE-
(Pub. L. 89-19, Sec. 2, May 15, 1965, 79 Stat. 110; Pub. L.
102-576, Sec. 2(2), Oct. 30, 1992, 106 Stat. 4770.)
-MISC1-
AMENDMENTS
1992 - Pub. L. 102-576 inserted provision listing 13 sites to be
designated as Nez Perce National Historical Park, as described in
documents dated 1990 and 1991, and provision relating to lands
added to Big Hole National Battlefield, Montana.
-End-
-CITE-
16 USC Sec. 281b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXII - NEZ PERCE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 281b. Acquisition of lands; restrictions; tribal-owned lands
-STATUTE-
The Secretary of the Interior may acquire by donation or with
donated funds such lands, or interests therein, and other property
which in his judgment will further the purpose of this subchapter
and he may purchase with appropriated funds land, or interests
therein, required for the administration of the Nez Perce National
Historical Park. Lands or interests therein owned by a State or
political subdivision of a State may be acquired under this section
only by donation or exchange. In the case of sites designated as
components of the Nez Perce National Historical Park after November
1, 1991, the Secretary may not acquire privately owned land or
interests in land without the consent of the owner unless the
Secretary finds that -
(1) the nature of land use has changed significantly or that
the landowner has demonstrated intent to change the land use
significantly from the condition which existed on October 30,
1992;
(2) the acquisition by the Secretary of such land or interest
in land is essential to assure its use for purposes set forth in
this subchapter; and
(3) such lands or interests are located -
(A) within an area depicted on Sheet 3, 4, or 5 of the map
entitled "Nez Perce Additions", numbered 429-20018, and dated
September 1991, or
(B) within the 8-acre parcel of Old Chief Joseph's Gravesite
and Cemetery, Oregon, depicted as "Parcel A" on Sheet 2 of such
map.
The Nez Perce Tribe's governing body, if it so desires, with the
approval of the Secretary of the Interior, is authorized to sell,
donate, or exchange tribal-owned lands held in trust needed to
further the purpose of this subchapter.
-SOURCE-
(Pub. L. 89-19, Sec. 3, May 15, 1965, 79 Stat. 110; Pub. L.
102-576, Sec. 2(3), Oct. 30, 1992, 106 Stat. 4770.)
-MISC1-
AMENDMENTS
1992 - Pub. L. 102-576 substituted provisions relating to
acquisition of lands or interest therein owned by State or
political subdivision of State and provisions relating to
acquisition of sites designated as components of park after Nov. 1,
1991, for proviso in first sentence limiting amount of land which
may be purchased in fee to 1,500 acres and amount of scenic
easements which may be purchased to 1,500 acres.
-End-
-CITE-
16 USC Sec. 281c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXII - NEZ PERCE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 281c. Inclusion of lands
-STATUTE-
(a) Indian trust land; Federal-ownership sites; cooperation with
Nez Perce Tribe and administrative agencies in research,
services, and facilities for public access, use and enjoyment,
and conservation of resources
Indian trust land may be designated by the Secretary of the
Interior for inclusion in the Nez Perce National Historical Park
with the concurrence of the beneficial owner. Sites in Federal
ownership under the administrative jurisdiction of other Government
agencies may likewise be designated by the Secretary of the
Interior for inclusion in the Nez Perce National Historical Park
with the concurrence of the agency having administrative
responsibility therefor, but such designation shall effect no
transfer of administrative control unless the administering agency
consents thereto. The Secretary of the Interior may cooperate with
the Nez Perce Tribe or the administering agency, as the case may
be, in research into and interpretation of the significance of any
site so designated and in providing desirable interpretive services
and facilities and other facilities required for public access to
and use and enjoyment of the site and in conservation of the scenic
and other resources thereof.
(b) Cooperative agreements with property owners of non-Federal
property; access; written consent for changes in properties,
buildings, and grounds; other provisions
The Secretary of the Interior may enter into cooperative
agreements with the owners of property which, under the provisions
of this subchapter, may be designated for inclusion in Nez Perce
National Historical Park as sites in non-Federal ownership, and he
may assist in the preservation, renewal, and interpretation of the
properties, provided the cooperative agreements shall contain, but
not be limited to, provisions that: (1) the Secretary has right of
access at all reasonable times to all public portions of the
property for the purpose of conducting visitors through the
property and interpreting it to the public, and (2) no changes or
alterations shall be made in the properties, including buildings
and grounds, without the written consent of the Secretary.
-SOURCE-
(Pub. L. 89-19, Sec. 4, May 15, 1965, 79 Stat. 110; Pub. L.
102-576, Sec. 2(4), Oct. 30, 1992, 106 Stat. 4771.)
-MISC1-
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-576 struck out after second
sentence "Not more than one thousand and five hundred acres overall
shall be designated pursuant to the foregoing provisions of this
subsection."
-End-
-CITE-
16 USC Sec. 281d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXII - NEZ PERCE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 281d. Establishment; notice in Federal Register;
administration
-STATUTE-
When the Secretary of the Interior determines that he has
acquired title to, or interest in, sufficient properties or
determines that he has entered into appropriate cooperative
agreements with owners of non-Federal properties, or any
combination thereof including the designation of sites already in
Federal ownership, he shall by publication in the Federal Register
establish the Nez Perce National Historical Park and thereafter
administer the Federal property under his administrative
jurisdiction in accordance with sections 1, 2, 3, and 4 of this
title, as amended and supplemented.
-SOURCE-
(Pub. L. 89-19, Sec. 5, May 15, 1965, 79 Stat. 110.)
-End-
-CITE-
16 USC Sec. 281e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXII - NEZ PERCE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 281e. Contracts and cooperative agreements with State of
Idaho, and others
-STATUTE-
(a) Protection, preservation, maintenance, and operation;
obligation of general fund of Treasury
In order to carry out the purpose of this subchapter, the
Secretary of the Interior may contract and make cooperative
agreements with the States of Idaho, Oregon, Washington, Montana,
Wyoming, their political subdivisions or agencies, corporation,
associations, the Nez Perce Tribe, or individuals, to protect,
preserve, maintain, or operate any site, object, or property
included within the Nez Perce National Historical Park, regardless
of whether title thereto is in the United States: Provided, That no
contract or cooperative agreement shall be made or entered into
which will obligate the general fund of the Treasury unless or
until Congress has appropriated money for such purpose.
(b) Erection and maintenance of tablets and markers
To facilitate the interpretation of the Nez Perce country the
Secretary is authorized to erect and maintain tablets or markers in
accordance with the provisions contained in sections 461 to 467 of
this title.
(c) Consultation with Nez Perce Tribe officials
The Secretary shall consult with officials of the Nez Perce Tribe
on the interpretation of the park and its history.
-SOURCE-
(Pub. L. 89-19, Sec. 6, May 15, 1965, 79 Stat. 111; Pub. L.
102-576, Sec. 2(5), (6), Oct. 30, 1992, 106 Stat. 4771.)
-MISC1-
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-576, Sec. 2(5), substituted
"States of Idaho, Oregon, Washington, Montana, Wyoming, their" for
"State of Idaho, its".
Subsec. (c). Pub. L. 102-576, Sec. 2(6), added subsec. (c).
-End-
-CITE-
16 USC Sec. 281f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXII - NEZ PERCE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 281f. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated the sums of not
more than $2,130,000 for the acquisition of lands and interests in
land and not more than $9,300,000 for construction, restoration
work, and other improvements at the Nez Perce National Historical
Park under this subchapter.
-SOURCE-
(Pub. L. 89-19, Sec. 7, May 15, 1965, 79 Stat. 111; Pub. L. 94-578,
title II, Sec. 201(10), Oct. 21, 1976, 90 Stat. 2733; Pub. L.
102-576, Sec. 2(7), Oct. 30, 1992, 106 Stat. 4771.)
-MISC1-
AMENDMENTS
1992 - Pub. L. 102-576 substituted "$2,130,000" for "$630,000"
and "$9,300,000" for "$4,100,000".
1976 - Pub. L. 94-578 substituted "$4,100,000" for "$1,337,000".
-End-
-CITE-
16 USC SUBCHAPTER XXXIII - SAN JUAN ISLAND NATIONAL
HISTORICAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIII - SAN JUAN ISLAND NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER XXXIII - SAN JUAN ISLAND NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 282 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIII - SAN JUAN ISLAND NATIONAL HISTORICAL PARK
-HEAD-
Sec. 282. Acquisition of property; purpose; authority of Secretary;
manner and place; donation of State lands
-STATUTE-
The Secretary of the Interior is authorized to acquire on behalf
of the United States by donation, purchase with donated or
appropriated funds, or by exchange, lands, interests in lands, and
such other property on San Juan Island, Puget Sound, State of
Washington, as the Secretary may deem necessary for the purpose of
interpreting and preserving the sites of the American and English
camps on the island, and of commemorating the historic events that
occurred from 1853 to 1871 on the island in connection with the
final settlement of the Oregon Territory boundary dispute,
including the so-called Pig War of 1859. Lands or interests therein
owned by the State of Washington or a political subdivision thereof
may be acquired only by donation.
-SOURCE-
(Pub. L. 89-565, Sec. 1, Sept. 9, 1966, 80 Stat. 737.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 282a of this title.
-End-
-CITE-
16 USC Sec. 282a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIII - SAN JUAN ISLAND NATIONAL HISTORICAL PARK
-HEAD-
Sec. 282a. Designation; administration, protection, and development
-STATUTE-
The property acquired under the provisions of section 282 of this
title shall be known as the San Juan Island National Historical
Park and shall commemorate the final settlement by arbitration of
the Oregon boundary dispute and the peaceful relationship which has
existed between the United States and Canada for generations. The
Secretary of the Interior shall administer, protect, and develop
such park in accordance with the provisions of sections 1, 2, 3,
and 4 of this title, as amended and supplemented, and sections 461
to 467 of this title.
-SOURCE-
(Pub. L. 89-565, Sec. 2, Sept. 9, 1966, 80 Stat. 737.)
-End-
-CITE-
16 USC Sec. 282b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIII - SAN JUAN ISLAND NATIONAL HISTORICAL PARK
-HEAD-
Sec. 282b. Cooperative agreements with State of Washington and
others; erection and maintenance of tablets or markers
-STATUTE-
The Secretary of the Interior may enter into cooperative
agreements with the State of Washington, political subdivisions
thereof, corporations, associations, or individuals, for the
preservation of nationally significant historic sites and
structures and for the interpretation of significant events which
occurred on San Juan Island, in Puget Sound, and on the nearby
mainland, and he may erect and maintain tablets or markers at
appropriate sites in accordance with the provisions of sections 461
to 467 of this title.
-SOURCE-
(Pub. L. 89-565, Sec. 3, Sept. 9, 1966, 80 Stat. 737.)
-End-
-CITE-
16 USC Sec. 282c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIII - SAN JUAN ISLAND NATIONAL HISTORICAL PARK
-HEAD-
Sec. 282c. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated such sums, but not
more than $5,575,000 for the acquisition of lands and interests
therein and for the development of the San Juan National Historical
Park.(!1)
-SOURCE-
(Pub. L. 89-565, Sec. 4, Sept. 9, 1966, 80 Stat. 737; Pub. L.
95-625, title I, Sec. 101(22), Nov. 10, 1978, 92 Stat. 3472.)
-MISC1-
AMENDMENTS
1978 - Pub. L. 95-625 substituted "$5,575,000" for "$3,542,000".
-FOOTNOTE-
(!1) So in original. Probably should be "San Juan Island
National Historical Park."
-End-
-CITE-
16 USC SUBCHAPTER XXXIV - GUADALUPE MOUNTAINS NATIONAL
PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIV - GUADALUPE MOUNTAINS NATIONAL PARK
-HEAD-
SUBCHAPTER XXXIV - GUADALUPE MOUNTAINS NATIONAL PARK
-End-
-CITE-
16 USC Sec. 283 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIV - GUADALUPE MOUNTAINS NATIONAL PARK
-HEAD-
Sec. 283. Establishment; purposes; boundaries
-STATUTE-
(a) In order to preserve in public ownership an area in the State
of Texas possessing outstanding geological values together with
scenic and other natural values of great significance, the
Secretary of the Interior shall establish the Guadaloupe Mountains
National Park, consisting of the land and interests in land within
the area shown on the drawing entitled "Proposed Guadalupe
Mountains National Park, Texas", numbered SA-GM-7100C and dated
February 1965, which is on file and available for public inspection
in the offices of the National Park Service, Department of the
Interior.
Notwithstanding the foregoing, however, the Secretary shall omit
from the park sections 7 and 17, P.S.L. Block 121, in Hudspeth
County, and revise the boundaries of the park accordingly if the
owner of said sections agrees, on behalf of himself, his heirs and
assigns that there will not be erected thereon any structure which,
in the judgment of the Secretary, adversely affects the public use
and enjoyment of the park.
(b) The boundary of Guadalupe Mountains National Park is hereby
modified to include the area which comprises approximately 10,123
acres as generally depicted on the map entitled "Boundary Proposal"
and dated August 1986, which shall be on file and available for
public inspection in the office of the Director of the National
Park Service and in the office of the Superintendent of the
Guadalupe Mountains National Park.
-SOURCE-
(Pub. L. 89-667, Sec. 1, Oct. 15, 1966, 80 Stat. 920; Pub. L.
100-541, Sec. 1, Oct. 28, 1988, 102 Stat. 2720.)
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-541 designated existing provisions as subsec.
(a) and added subsec. (b).
-End-
-CITE-
16 USC Sec. 283a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIV - GUADALUPE MOUNTAINS NATIONAL PARK
-HEAD-
Sec. 283a. Acquisition of lands
-STATUTE-
(a) Authority of Secretary; manner and place; concurrence of State
owner
Within the boundaries of the Guadalupe Mountains National Park,
the Secretary of the Interior may acquire land or interests therein
by donation, purchase with donated or appropriated funds, exchange,
or in such other manner as he deems to be in the public interest.
Any property, or interest therein, owned by the State of Texas, or
any political subdivision thereof, may be acquired only with the
concurrence of such owner.
(b) Adjacent or vicinal land; exchange of property; cash
equalization payments
In order to facilitate the acquisition of privately owned lands
in the park by exchange and avoid the payment of severance costs,
the Secretary of the Interior may acquire approximately 4,667 acres
of land or interests in land which lie adjacent to or in the
vicinity of the park. Land so acquired outside the park boundary
may be exchanged by the Secretary on an equal-value basis, subject
to such terms, conditions, and reservations as he may deem
necessary, for privately owned land located within the park. The
Secretary may accept cash from or pay cash to the grantor in such
exchange in order to equalize the values of the properties
exchanged. In order to provide for an adequate entrance road into
the McKittrick Canyon area of the park, the Secretary may accept
title to and interests in lands comprising a right-of-way for a
road or roads outside of the boundary of the park from United
States Highway numbered 62 and 180 to the park boundary, and in
exchange therefor he may convey title to and interests in lands
comprising a right-of-way from said highway to the boundary which
have been donated to the United States. The Secretary may accept
cash from or pay cash to the grantor in such exchange in order to
equalize the values of the properties exchanged. Lands and
interests in lands comprising the right-of-way acquired pursuant to
this subsection shall be administered as part of the park.
-SOURCE-
(Pub. L. 89-667, Sec. 2, Oct. 15, 1966, 80 Stat. 920; Pub. L.
94-174, Dec. 23, 1975, 89 Stat. 1029.)
-MISC1-
AMENDMENTS
1975 - Subsec. (b). Pub. L. 94-174 inserted provisions relating
to the exchange of lands in order to provide for an adequate
entrance road into the McKittrick Canyon area of the park.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 283e of this title.
-End-
-CITE-
16 USC Sec. 283b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIV - GUADALUPE MOUNTAINS NATIONAL PARK
-HEAD-
Sec. 283b. Establishment; notice in Federal Register; property
rights
-STATUTE-
(a) Federal title to property, donation of State and other
non-Federal mineral rights and interests, and establishment;
notice in Federal Register; acquisition of remaining property;
purchase options pending establishment of park; contingent
purchase contracts
When the title to all privately owned land within the boundary of
the park, subject to such outstanding interests, rights, and
easements as the Secretary determines are not objectionable, with
the exception of approximately 4,574 acres which are planned to be
acquired by exchange, is vested in the United States and after the
State of Texas has donated or agreed to donate to the United States
whatever rights and interests in minerals underlying the lands
within the boundaries of the park it may have and other owners of
such rights and interests have donated or agreed to donate the same
to the United States, notice thereof and notice of the
establishment of the Guadalupe Mountains National Park shall be
published in the Federal Register. Thereafter, the Secretary may
continue to acquire the remaining land and interests in land within
the boundaries of the park. The Secretary is authorized, pending
establishment of the park, to negotiate and acquire options for the
purchase of lands and interests in land within the boundaries of
the park. He is further authorized to execute contracts for the
purchase of such lands and interests, but the liability of the
United States under any such contract shall be contingent on the
availability of appropriated or donated funds to fulfill the same.
(b) Preferential right to reconveyance of mineral rights and
interests upon nonuser of lands for national park purposes;
notice; period for exercise; beneficiaries
In the event said lands or any part thereof cease to be used for
national park purposes, the persons (including the State of Texas)
who donated to the United States rights and interests in minerals
in the lands within the park shall be given notice, in accordance
with regulations to be prescribed by the Secretary, of their
preferential right to a reconveyance, without consideration, of the
respective rights and interests in minerals which they donated to
the United States. Such notice shall be in a form reasonably
calculated to give actual notice to those entitled to such
preferential right, and shall provide for a period of not less than
one hundred and eighty days within which to exercise such
preferential right. The preferential right to such reconveyance
shall inure to the benefit of the successors, heirs, devisees, or
assigns of such persons having such preferential right to a
reconveyance, and such successors, heirs, devisees, or assigns
shall be given the notice provided for in this subsection.
(c) Leases of mineral rights and interests: withdrawal from
leasing; mineral leasing, sale of surplus property, and sale
provisions inapplicable; subsection (c) inapplicable upon failure
or refusal to exercise preferential right to reconveyance
Such rights and interests in minerals, including all minerals of
whatever nature, in and underlying the lands within the boundaries
of the park and which are acquired by the United States under the
provisions of this subchapter are hereby withdrawn from leasing and
are hereby excluded from the application of the present or future
provisions of the Mineral Leasing Act for Acquired Lands [30 U.S.C.
351 et seq.] or other Act in lieu thereof having the same purpose,
and the same are hereby also excluded from the provisions of all
present and future laws affecting the sale of surplus property or
of said mineral interests acquired pursuant to this subchapter the
United States or any department or agency thereof, except that, if
such person having such preferential right to a reconveyance fails
or refuses to exercise such preferential right to a reconveyance as
provided in subsection (b) of this section then this subsection (c)
shall not be applicable to the rights and interests in such
minerals in the identical lands of such person so failing or
refusing to exercise such preferential right to a reconveyance from
and after the one hundred and eighty-day period referred to in
subsection (b) of this section.
(d) Preferential right to lease mineral rights and interests
necessary for national welfare or emergency: notice, terms and
conditions, beneficiaries; other leases upon failure or refusal
to exercise right: terms and conditions
If at any time in the future an Act of Congress provides that the
national welfare or an emergency requires the development and
production of the minerals underlying the lands within the
boundaries of the national park, or any portion thereof, and such
Act of Congress, notwithstanding the provisions of subsection (c)
of this section or any other Act, authorizes the Secretary to lease
said land for the purpose of drilling, mining, developing, and
producing said minerals, the Secretary shall give the persons
(including the State of Texas) who donated such minerals to the
United States notice of their preferential right to lease, without
consideration, all or any part of the respective rights and
interests in minerals which they donated to the United States,
subject to such terms and conditions as the Secretary may
prescribe. Such preferential right shall inure to the benefit of
the successors or assigns, and of the heirs or devisees of such
persons having such preferential right in the premises. The persons
entitled to a preferential right under this subsection shall be
given the same notice thereof as persons entitled to preferential
rights under subsection (b) of this section. If such person having
such preferential right fails or refuses to exercise such right
within the time specified in the above notice, the Secretary may
thereafter lease the minerals involved to any other person under
such terms and conditions as he may prescribe.
(e) Proceeds from communitization agreement or protective action;
beneficiaries
If at any time oil, gas, or other minerals should be discovered
and produced in commercial quantities from lands outside of the
boundaries of the park, thereby causing drainage of oil, gas, or
other minerals from lands within the boundaries of the park, and if
the Secretary participates in a communitization agreement or takes
other action to protect the rights of the United States, the
proceeds, if any, derived from such agreement or action shall inure
to the benefit of the donors of the oil, gas, or other minerals, or
their successors, heirs, devisees, or assigns.
-SOURCE-
(Pub. L. 89-667, Sec. 3, Oct. 15, 1966, 80 Stat. 920.)
-REFTEXT-
REFERENCES IN TEXTThe Mineral Leasing Act for Acquired Lands, referred to in (continued)