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(continued)
develop and transmit to the Committee on Interior and Insular
Affairs of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States
Senate a final master plan for the development of the park
consistent with the objectives of this section, indicating (A) the
facilities needed to accommodate the health, safety, and
interpretive needs of the visiting public; (B) the location and
estimated cost of all facilities; and (C) the projected need for
any additional facilities within the park."
1990 - Subsec. (a). Pub. L. 101-628, Sec. 501(a), inserted after
first sentence "The park shall also consist of the lands and
interests therein within the area bounded by the line depicted as
'Proposed Boundary Extension' on the maps entitled 'San Antonio
Missions National Historical Park', numbered 472-80,075,
472-80,076, 472-80,077, 472-80,078, 472-80,079, 472-80,080, and
472-80,081 and dated June 7, 1990, which shall be on file and
available for public inspection in the same manner as is such
drawing."
Subsec. (f)(2). Pub. L. 101-628, Sec. 501(b), substituted
"$15,000,000" for "$500,000".
1980 - Subsec. (e)(1). Pub. L. 96-344 substituted "eleven" for
"seven" in provision preceding subpar. (A) and "six" for "two" in
subpar. (F).
-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.
-FOOTNOTE-
(!1) So in original. Probably should be "of".
-End-
-CITE-
16 USC SUBCHAPTER LIX-D - CHANNEL ISLANDS NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09D - CHANNEL ISLANDS NATIONAL PARK
-HEAD-
SUBCHAPTER LIX-D - CHANNEL ISLANDS NATIONAL PARK
-End-
-CITE-
16 USC Sec. 410ff 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09D - CHANNEL ISLANDS NATIONAL PARK
-HEAD-
Sec. 410ff. Establishment
-STATUTE-
In order to protect the nationally significant natural, scenic,
wildlife, marine, ecological, archaeological, cultural, and
scientific values of the Channel Islands in the State of
California, including, but not limited to, the following:
(1) the brown pelican nesting area;
(2) the undisturbed tide pools providing species diversity
unique to the eastern Pacific coast;
(3) the pinnipeds which breed and pup almost exclusively on the
Channel islands, including the only breeding colony for northern
fur seals south of Alaska;
(4) the Eolian landforms and caliche;
(5) the presumed burial place of Juan Rodriquez Cabrillo; and
(6) the archaeological evidence of substantial populations of
Native Americans;
there is hereby established the Channel Islands National Park, the
boundaries of which shall include San Miguel and Prince Islands,
Santa Rosa, Santa Cruz, Anacapa, and Santa Barbara Islands,
including the rocks, islets, submerged lands, and waters within one
nautical mile of each island, as depicted on the map entitled,
"Proposed Channel Islands National Park" numbered 159-20,008 and
dated April 1979, which shall be on file and available for public
inspection in the offices of the Superintendent of the park and the
Director of the National Park Service, Department of the Interior.
The Channel Islands National Monument is hereby abolished as such,
and the lands, waters, and interests therein withdrawn or reserved
for the monument are hereby incorporated within and made a part of
the new Channel Islands National Park.
-SOURCE-
(Pub. L. 96-199, title II, Sec. 201, Mar. 5, 1980, 94 Stat. 74.)
-MISC1-
ROBERT J. LAGOMARSINO VISITOR CENTER
Pub. L. 104-333, div. I, title VIII, Sec. 809, Nov. 12, 1996, 110
Stat. 4189, as amended by Pub. L. 106-176, title I, Sec. 119, Mar.
10, 2000, 114 Stat. 28, provided that:
"(a) Designation. - The visitor center at the Channel Islands
National Park, California, is designated as the 'Robert J.
Lagomarsino Visitor Center'.
"(b) Legal References. - Any reference in any law, regulation,
document, record, map, or other document of the United States to
the visitor center referred to in subsection (a) is deemed to be a
reference to the 'Robert J. Lagomarsino Visitor Center'."
Similar provisions were contained in Pub. L. 104-208, div. A,
title I, Sec. 101(d) [title I, Sec. 125], Sept. 30, 1996, 110 Stat.
3009-181, 3009-204.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410ff-1, 410ff-3 of this
title.
-End-
-CITE-
16 USC Sec. 410ff-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09D - CHANNEL ISLANDS NATIONAL PARK
-HEAD-
Sec. 410ff-1. Acquisition of property
-STATUTE-
(a) Authority of Secretary of the Interior; fair market value;
State-owned land; Federal property located within park
Within the boundaries of the park as established in section 410ff
of this title, the Secretary of the Interior (hereinafter referred
to as the "Secretary") is authorized to acquire lands, waters, or
interests therein (including but not limited to scenic easements)
by donation, purchase with donated or appropriated funds, transfer
from any Federal agency, exchange, or otherwise. Unless the
property is wholly or partially donated, the Secretary shall pay to
the owner the fair market value of the property on the date of its
acquisition, less the fair market value on that date of any right
retained by the owner. Any lands, waters, or interests therein
owned by the State of California or any political subdivision
thereof shall not be acquired. Notwithstanding any other provision
of law, Federal property located within the boundaries of the park
shall with the concurrence of the head of the agency having custody
thereof, be transferred to the administrative jurisdiction of the
Secretary for the purposes of the park: Provided, That the
Secretary shall permit the use of federally owned park lands and
waters which (i) have been transferred from another Federal agency
pursuant to this section or which (ii) were the subject of a lease
or permit issued by a Federal agency as of March 5, 1980, for
essential national security missions and for navigational aids,
subject to such terms and conditions as the Secretary deems
necessary to protect park resources.
(b) Lands owned, or under option to, National Park Foundation, The
Nature Conservancy, or similar organizations
Notwithstanding the acquisition authority contained in subsection
(a) of this section, any lands, waters, or interests therein, which
are owned wholly or in part, by or which hereafter may be owned by,
or under option to, the National Park Foundation, The Nature
Conservancy (including any lands, waters, or interests therein
which are designated as "Nature Conservancy Lands" on the map
referred to in section 410ff of this title) or any similar
national, nonprofit conservation organization, or an affiliate or
subsidiary thereof shall be acquired only with the consent of the
owner thereof: Provided, That the Secretary may acquire such
property in accordance with the provisions of this subchapter if he
determines that the property is undergoing or is about to undergo a
change in use which is inconsistent with the purposes of this
subchapter.
(c) Privately owned lands on Santa Rosa Island
With respect to the privately owned lands on Santa Rosa Island,
the Secretary shall acquire such lands as expeditiously as possible
after March 5, 1980. The acquisition of these lands shall take
priority over the acquisition of other privately owned lands within
the park.
(d) Retention of rights by owners; compatible use under lease
(1) The owner of any private property may, on the date of its
acquisition and as a condition of such acquisition, retain for
himself a right of use and occupancy of all or such portion of such
property as the owner may elect for a definite term of not more
than twenty-five years, or ending at the death of the owner, or his
spouse, whichever is later. The owner shall elect the term to be
reserved. Any such right retained pursuant to this subsection with
respect to any property shall be subject to termination by the
Secretary upon his determination that such property is being used
for any purpose which is incompatible with the administration of
the park or with the preservation of the resources therein, and it
shall terminate by operation of law upon notification by the
Secretary to the holder of the right, of such determination and
tendering to him the amount equal to the fair market value of that
portion which remains unexpired.
(2) In the case of any property acquired by the Secretary
pursuant to this subchapter with respect to which a right of use
and occupancy was not reserved by the former owner pursuant to this
subsection, at the request of the former owner, the Secretary may
enter into a lease agreement with the former owner under which the
former owner may continue any existing use of such property which
is compatible with the administration of the park and with the
preservation of the resources therein.
(3) Any right retained pursuant to this subsection, and any lease
entered into under paragraph (2), shall be subject to such access
and other provisions as may be required by the Secretary for
visitor use and resources management.
(e) Acquisition of certain property on Santa Cruz Island
(1) Notwithstanding any other provision of law, effective 90 days
after November 12, 1996, all right, title, and interest in and to,
and the right to immediate possession of, the real property on the
eastern end of Santa Cruz Island which is known as the Gherini
Ranch is hereby vested in the United States, except for the
reserved rights of use and occupancy set forth in Instrument No.
90-027494 recorded in the Official Records of the County of Santa
Barbara, California.
(2) The United States shall pay just compensation to the owners
of any real property taken pursuant to this subsection, determined
as of the date of taking. The full faith and credit of the United
States is hereby pledged to the payment of any judgment entered
against the United States with respect to the taking of such
property. Payment shall be in the amount of the agreed negotiated
value of such real property plus interest or the valuation of such
real property awarded by judgment plus interest. Interest shall
accrue from the date of taking to the date of payment. Interest
shall be compounded quarterly and computed at the rate applicable
for the period involved, as determined by the Secretary of the
Treasury on the basis of the current average market yield on
outstanding marketable obligations of the United States of
comparable maturities from November 12, 1996, to the last day of
the month preceding the date on which payment is made.
(3) In the absence of a negotiated settlement, or an action by
the owner, within 1 year after November 12, 1996, the Secretary
shall initiate a proceeding, seeking in a court of competent
jurisdiction a determination of just compensation with respect to
the taking of such property.
(4) The Secretary shall not allow any unauthorized use of the
lands to be acquired under this subsection, except that the
Secretary shall permit the orderly termination of all current
activities and the removal of any equipment, facilities, or
personal property.
-SOURCE-
(Pub. L. 96-199, title II, Sec. 202, Mar. 5, 1980, 94 Stat. 74;
Pub. L. 104-333, div. I, title VIII, Sec. 817, Nov. 12, 1996, 110
Stat. 4200.)
-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in subsec. (b), was in the original
"this Act", meaning Pub. L. 96-199, and was translated as "this
subchapter", meaning title II of Pub. L. 96-199, to reflect the
probable intent of Congress.
-MISC1-
AMENDMENTS
1996 - Subsec. (e). Pub. L. 104-333 added subsec. (e).
-End-
-CITE-
16 USC Sec. 410ff-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09D - CHANNEL ISLANDS NATIONAL PARK
-HEAD-
Sec. 410ff-2. Natural resources study reports to Congress;
cooperative agreements for enforcement of laws and regulations on
State-owned land
-STATUTE-
(a) The Secretary is directed to develop, in cooperation and
consultation with the Secretary of Commerce, the State of
California, and various knowledgeable Federal and private entities,
a natural resources study report for the park, including, but not
limited to, the following:
(1) an inventory of all terrestrial and marine species,
indicating their population dynamics, and probable trends as to
future numbers and welfare;
(2) recommendations as to what actions should be considered for
adoption to better protect the natural resources of the park.
Such report shall be submitted within two complete fiscal years
from March 5, 1980, to the Committee on Interior and Insular
Affairs of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States
Senate, and updated revisions of such report shall be similarly
submitted at subsequent two year intervals to cover a period of ten
years after March 5, 1980.
(b) The Secretary is authorized and directed to enter into and
continue cooperative agreements with the Secretary of Commerce and
the State of California for the enforcement of Federal and State
laws and regulations on those lands and waters within and adjacent
to the park which are owned by the State of California. No
provision of this subchapter shall be deemed to affect the rights
and jurisdiction of the State of California within the park,
including, but not limited to, authority over submerged lands and
waters within the park boundaries, and the marine resources
therein.
-SOURCE-
(Pub. L. 96-199, title II, Sec. 203, Mar. 5, 1980, 94 Stat. 75.)
-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. 410ff-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09D - CHANNEL ISLANDS NATIONAL PARK
-HEAD-
Sec. 410ff-3. Administration
-STATUTE-
(a) Authority of Secretary of the Interior; low-intensity,
limited-entry basis for administration
Subject to the provisions of section 410ff of this title, the
Secretary shall administer the park in accordance with the
provisions of sections 1, 2, 3, and 4 of this title, as amended and
supplemented. In the administration of the park, the Secretary may
utilize such statutory authority available for the conservation and
management of wildlife and natural and cultural resources as he
deems appropriate to carry out the purposes of this subchapter. The
park shall be administered on a low-intensity, limited-entry basis.
(b) Limited visitor use; establishment of appropriate visitor
carrying capacities
In recognition of the special fragility and sensitivity of the
park's resources, it is the intent of Congress that the visitor use
within the park be limited to assure negligible adverse impact on
the park resources. The Secretary shall establish appropriate
visitor carrying capacities for the park.
(c) Comprehensive general management plan
(1) Within three complete fiscal years from March 5, 1980, the
Secretary, in consultation with The Nature Conservancy and the
State of California, shall submit to the Committee on Interior and
Insular Affairs of the United States House of Representatives and
the Committee on Energy and Natural Resources of the United States
Senate, a comprehensive general management plan for the park,
pursuant to criteria stated in the provisions of section 1a-7(b) of
this title. Such plan shall include alternative considerations for
the design and operation of a public transportation system
connecting the park with the mainland, with such considerations to
be developed in cooperation with the State of California and the
Secretary of Transportation. The Secretary shall seek the advice of
the scientific community in the preparation of said plan, and
conduct hearings for public comment in Ventura and Santa Barbara
Counties.
(2) Those aspects of such a plan which relate to marine mammals
shall be prepared by the Secretary of Commerce, in consultation
with the Secretary and the State of California.
-SOURCE-
(Pub. L. 96-199, title II, Sec. 204, Mar. 5, 1980, 94 Stat. 76.)
-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. 410ff-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09D - CHANNEL ISLANDS NATIONAL PARK
-HEAD-
Sec. 410ff-4. Federal or federally assisted undertakings with
respect to lands and waters within, adjacent to, or related to
park
-STATUTE-
The head of any Federal agency having direct or indirect
jurisdiction over a proposed Federal or federally assisted
undertaking with respect to the lands and waters within or adjacent
or related to the park, and the head of any Federal agency having
authority to license or permit any undertaking with respect to such
lands and waters, shall, prior to the approval of the expenditure
of any Federal funds on such undertaking or prior to the issuance
of any license or permit, as the case may be, afford the Secretary
a reasonable opportunity to comment with regard to such undertaking
and shall give due consideration to any comments made by the
Secretary and to the effect of such undertaking on the purposes for
which the park is established.
-SOURCE-
(Pub. L. 96-199, title II, Sec. 205, Mar. 5, 1980, 94 Stat. 76.)
-End-
-CITE-
16 USC Sec. 410ff-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09D - CHANNEL ISLANDS NATIONAL PARK
-HEAD-
Sec. 410ff-5. Designation of wilderness areas
-STATUTE-
Within three complete fiscal years from March 5, 1980, the
Secretary shall review the area within the park and shall report to
the President, in accordance with section 1132(c) and (d) of this
title, his recommendations as to the suitability or nonsuitability
of any area within the park for designation as wilderness. Any
designation of any such areas as wilderness shall be accomplished
in accordance with section 1132(c) and (d) of this title.
-SOURCE-
(Pub. L. 96-199, title II, Sec. 206, Mar. 5, 1980, 94 Stat. 77.)
-End-
-CITE-
16 USC Sec. 410ff-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09D - CHANNEL ISLANDS NATIONAL PARK
-HEAD-
Sec. 410ff-6. Entrance or admission fees prohibited
-STATUTE-
Notwithstanding any other provision of law, no fees shall be
charged for entrance or admission to the park.
-SOURCE-
(Pub. L. 96-199, title II, Sec. 207, Mar. 5, 1980, 94 Stat. 77.)
-End-
-CITE-
16 USC Sec. 410ff-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09D - CHANNEL ISLANDS NATIONAL PARK
-HEAD-
Sec. 410ff-7. Expenditure of Federal funds for research, resources
management, and visitor protection and use on private property;
transfer of funds; authorization of appropriations
-STATUTE-
The Secretary is authorized to expend Federal funds for the
cooperative management of The Nature Conservancy and other private
property for research, resources management, and visitor protection
and use. All funds authorized to be appropriated for the purposes
of the Channel Islands National Monument are hereby transferred to
the Channel Islands National Park. Effective October 1, 1980, there
are hereby authorized to be appropriated such further sums as may
be necessary to carry out the purposes of this subchapter, but not
to exceed $500,000 for development. From the Land and Water
Conservation Fund there is authorized to be appropriated
$30,100,000 for the purposes of land acquisition. For the
authorizations made in this section, any amounts authorized but not
appropriated in any fiscal year shall remain available for
appropriation in succeeding fiscal years.
-SOURCE-
(Pub. L. 96-199, title II, Sec. 208, Mar. 5, 1980, 94 Stat. 77.)
-End-
-CITE-
16 USC SUBCHAPTER LIX-E - BISCAYNE NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09E - BISCAYNE NATIONAL PARK
-HEAD-
SUBCHAPTER LIX-E - BISCAYNE NATIONAL PARK
-End-
-CITE-
16 USC Sec. 410gg 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09E - BISCAYNE NATIONAL PARK
-HEAD-
Sec. 410gg. Establishment; description of boundary; minor boundary
revisions; publication in Federal Register
-STATUTE-
In order to preserve and protect for the education, inspiration,
recreation, and enjoyment of present and future generations a rare
combination of terrestrial, marine, and amphibious life in a
tropical setting of great natural beauty, there is hereby
established the Biscayne National Park (hereinafter referred to in
this subchapter as the "park") in the State of Florida. The
boundary of the park shall include the lands, waters, and interests
therein as generally depicted on the map entitled "Boundary Map,
Biscayne National Park", numbered 169-90,003, and dated April 1980,
which map shall be on file and available for public inspection in
the offices of the National Park Service, Department of the
Interior. The Secretary of the Interior (hereinafter referred to as
the "Secretary") shall publish in the Federal Register, not more
than one year after June 28, 1980, a detailed description of the
boundary established pursuant to this section. Following reasonable
notice in writing to the Committee on Natural Resources of the
United States House of Representatives and the Committee on Energy
and Natural Resources of the United States Senate of his intention
to do so, the Secretary may make minor revisions in the boundary of
the park by publication of a revised boundary map or other
description in the Federal Register.
-SOURCE-
(Pub. L. 96-287, title I, Sec. 101, June 28, 1980, 94 Stat. 599;
Pub. L. 103-437, Sec. 6(d)(10), 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.
-MISC2-
DANTE FASCELL BISCAYNE NATIONAL PARK VISITOR CENTER
Pub. L. 105-307, Oct. 29, 1998, 112 Stat. 2931, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Dante Fascell Biscayne National
Park Visitor Center Designation Act'.
"SEC. 2. DESIGNATION OF THE DANTE FASCELL VISITOR CENTER AT
BISCAYNE NATIONAL PARK.
"(a) Designation. - The Biscayne National Park visitor center,
located on the shore of Biscayne Bay on Convoy Point, Florida, is
designated as the 'Dante Fascell Visitor Center'.
"(b) References. - Any reference in a law, map, regulation,
document, paper, or other document of the United States to the
Biscayne National Park visitor center shall be deemed to be a
reference to the 'Dante Fascell Visitor Center'."
-End-
-CITE-
16 USC Sec. 410gg-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09E - BISCAYNE NATIONAL PARK
-HEAD-
Sec. 410gg-1. Acquisition of property
-STATUTE-
(a) Authority of Secretary; manner; State lands: donation,
reservations, and restrictions; Federal lands: transfer to
administrative jurisdiction of National Park Service and
Secretary
Within the boundary of the park the Secretary is authorized to
acquire lands, waters, and interests therein by donation, purchase
with donated or appropriated funds, or exchange, except that
property owned by the State of Florida or any political subdivision
thereof may be acquired only by donation, and subject to such
reservations and restrictions as may be provided by Florida law.
Lands, waters, and interests therein within such boundary which are
owned by the United States and under the control of the Secretary
are hereby transferred to the administrative jurisdiction of the
National Park Service to be managed for the purposes of the park.
Any federally owned lands within the park which are not under the
control of the Secretary shall be transferred to his control for
purposes of the park at such time as said lands cease to be needed
by the agencies which currently control them.
(b) Acquisition period; consideration by Secretary of prompt
acquisition of property
It is the express intent of the Congress that the Secretary shall
substantially complete the land acquisition program authorized
herein within three complete fiscal years from the effective date
of this subchapter. Any owner of property within the park may
notify the Secretary of the desire of such owner that his property
be promptly acquired, and the Secretary shall give immediate and
careful consideration, subject to the availability of funds, to the
prompt acquisition of such property.
-SOURCE-
(Pub. L. 96-287, title I, Sec. 102, June 28, 1980, 94 Stat. 599.)
-REFTEXT-
REFERENCES IN TEXT
The effective date of this subchapter, referred to in subsec.
(b), probably means the date of enactment of Pub. L. 96-287, which
was approved on June 28, 1980.
-End-
-CITE-
16 USC Sec. 410gg-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09E - BISCAYNE NATIONAL PARK
-HEAD-
Sec. 410gg-2. Administration; fishing; abolition of Biscayne
National Monument; monument incorporated within and made part of
park; monument funds and appropriations available for park
-STATUTE-
(a) The Secretary shall preserve and administer the park in
accordance with the provisions of sections 1, 2, 3, and 4 of this
title, as amended and supplemented. The waters within the park
shall continue to be open to fishing in conformity with the laws of
the State of Florida except as the Secretary, after consultation
with appropriate officials of said State, designates species for
which, areas and times within which, and methods by which fishing
is prohibited, limited, or otherwise regulated in the interest of
sound conservation to achieve the purposes for which the park is
established: Provided, That with respect to lands donated by the
State after the effective date of this subchapter, fishing shall be
in conformance with State law.
(b) The Biscayne National Monument, as authorized by the Act of
October 18, 1968 (82 Stat. 1188; 16 U.S.C. 450qq), as amended, is
abolished as such, and all lands, waters, and interests therein
acquired or reserved for such monument are hereby incorporated
within and made a part of the park. Any funds available for the
purposes of such monument are hereby made available for the
purposes of the park, and authorizations of funds for the monument
shall continue to be available for the park.
-SOURCE-
(Pub. L. 96-287, title I, Sec. 103, June 28, 1980, 94 Stat. 600.)
-REFTEXT-
REFERENCES IN TEXT
The effective date of this subchapter, referred to in subsec.
(a), probably means the date of enactment of Pub. L. 96-287, which
was approved on June 28, 1980.
Act of October 18, 1968, referred to in subsec. (b), is Pub. L.
90-606, Oct. 18, 1968, 82 Stat. 1188, as amended, which was
classified to sections 450qq to 450qq-4 of this title, and was
omitted from the Code in view of the abolition of the Biscayne
National Monument and its incorporation within the Biscayne
National Park pursuant to subsec. (b).
-End-
-CITE-
16 USC Sec. 410gg-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09E - BISCAYNE NATIONAL PARK
-HEAD-
Sec. 410gg-3. Report as to suitability for designation as
wilderness area; compliance with procedure for such designation
-STATUTE-
Within three complete fiscal years from the effective date of
this subchapter, the Secretary shall review the area within the
park and shall report to the President and the Congress, in
accordance with section 1132(c) and (d) of this title, his
recommendations as to the suitability or nonsuitability of any area
within the park for designation as wilderness. Any designation of
any such areas as wilderness shall be accomplished in accordance
with said section 1132(c) and (d).
-SOURCE-
(Pub. L. 96-287, title I, Sec. 104, June 28, 1980, 94 Stat. 600.)
-REFTEXT-
REFERENCES IN TEXT
The effective date of this subchapter, referred to in text,
probably means the date of enactment of Pub. L. 96-287, which was
approved on June 28, 1980.
-End-
-CITE-
16 USC Sec. 410gg-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09E - BISCAYNE NATIONAL PARK
-HEAD-
Sec. 410gg-4. Revised comprehensive general management plan;
submission to Congressional committees
-STATUTE-
Within two complete fiscal years from the effective date of this
subchapter, the Secretary shall submit to the Committee on Interior
and Insular Affairs of the United States House of Representatives
and the Committee on Energy and Natural Resources of the United
States Senate, a revised comprehensive general management plan for
the park consistent with the provisions of this subchapter and
pursuant to the provisions of section 1a-7(b) of this title.
-SOURCE-
(Pub. L. 96-287, title I, Sec. 105, June 28, 1980, 94 Stat. 600.)
-REFTEXT-
REFERENCES IN TEXT
The effective date of this subchapter, referred to in text,
probably means the date of enactment of Pub. L. 96-287, which was
approved on June 28, 1980.
-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. 410gg-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09E - BISCAYNE NATIONAL PARK
-HEAD-
Sec. 410gg-5. Authorization of appropriations; entrance or
admission fees prohibition
-STATUTE-
In addition to the sums previously authorized to be appropriated
for Biscayne National Monument, there are authorized to be
appropriated such sums as may be necessary for the administration
of the park, and not to exceed $8,500,000 for the acquisition of
lands and interests therein, as provided in this subchapter.
Notwithstanding any other provision of law, no fees shall be
charged for entrance or admission to the park.
-SOURCE-
(Pub. L. 96-287, title I, Sec. 106, June 28, 1980, 94 Stat. 600.)
-MISC1-
AUTHORIZATIONS EFFECTIVE OCTOBER 1, 1980; CONTRACTUAL, OBLIGATORY,
AND PAYMENT AUTHORITY PROVIDED IN APPROPRIATIONS
Section 401 of Pub. L. 96-287 provided that: "Authorizations of
moneys to be appropriated under this Act [Pub. L. 96-287] shall be
effective October 1, 1980. Notwithstanding any other provision of
this Act, authority to enter into contracts to incur obligations,
or to make payments under this Act shall be effective only to the
extent, and in such amounts, as are provided in advance in
appropriation Acts."
-End-
-CITE-
16 USC SUBCHAPTER LIX-F - ALASKAN NATIONAL PARKS 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09F - ALASKAN NATIONAL PARKS
-HEAD-
SUBCHAPTER LIX-F - ALASKAN NATIONAL PARKS
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 3191 of this title.
-End-
-CITE-
16 USC Sec. 410hh 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09F - ALASKAN NATIONAL PARKS
-HEAD-
Sec. 410hh. Establishment of new areas
-STATUTE-
The following areas are hereby established as units of the
National Park System and shall be administered by the Secretary
under the laws governing the administration of such lands and under
the provisions of this Act:
(1) Aniakchak National Monument, containing approximately one
hundred and thirty-eight thousand acres of public lands, and
Aniakchak National Preserve, containing approximately three
hundred and seventy-six thousand acres of public lands, as
generally depicted on map numbered ANIA-90,005, and dated October
1978. The monument and preserve shall be managed for the
following purposes, among others: To maintain the caldera and its
associated volcanic features and landscape, including the
Aniakchak River and other lakes and streams, in their natural
state; to study, interpret, and assure continuation of the
natural process of biological succession; to protect habitat for,
and populations of, fish and wildlife, including, but not limited
to, brown/grizzly bears, moose, caribou, sea lions, seals, and
other marine mammals, geese, swans, and other waterfowl and in a
manner consistent with the foregoing, to interpret geological and
biological processes for visitors. Subsistence uses by local
residents shall be permitted in the monument where such uses are
traditional in accordance with the provisions of subchapter II of
chapter 51 of this title.
(2) Bering Land Bridge National Preserve, containing
approximately two million four hundred and fifty-seven thousand
acres of public land, as generally depicted on map numbered
BELA-90,005, and dated October 1978. The preserve shall be
managed for the following purposes, among others: To protect and
interpret examples of arctic plant communities, volcanic lava
flows, ash explosions, coastal formations, and other geologic
processes; to protect habitat for internationally significant
populations of migratory birds; to provide for archeological and
paleontological study, in cooperation with Native Alaskans, of
the process of plant and animal migration, including man, between
North America and the Asian Continent; to protect habitat for,
and populations of, fish and wildlife including, but not limited
to, marine mammals, brown/grizzly bears, moose, and wolves;
subject to such reasonable regulations as the Secretary may
prescribe, to continue reindeer grazing use, including necessary
facilities and equipment, within the areas which on January 1,
1976, were subject to reindeer grazing permits, in accordance
with sound range management practices; to protect the viability
of subsistence resources; and in a manner consistent with the
foregoing, to provide for outdoor recreation and environmental
education activities including public access for recreational
purposes to the Serpentine Hot Springs area. The Secretary shall
permit the continuation of customary patterns and modes of travel
during periods of adequate snow cover within a one-hundred-foot
right-of-way along either side of an existing route from Deering
to the Taylor Highway, subject to such reasonable regulations as
the Secretary may promulgate to assure that such travel is
consistent with the foregoing purposes.
(3) Cape Krusenstern National Monument, containing
approximately five hundred and sixty thousand acres of public
lands, as generally depicted on map numbered CAKR-90,007, and
dated October 1979. The monument shall be managed for the
following purposes, among others: To protect and interpret a
series of archeological sites depicting every known cultural
period in arctic Alaska; to provide for scientific study of the
process of human population of the area from the Asian Continent;
in cooperation with Native Alaskans, to preserve and interpret
evidence of prehistoric and historic Native cultures; to protect
habitat for seals and other marine mammals; to protect habitat
for and populations of, birds, and other wildlife, and fish
resources; and to protect the viability of subsistence resources.
Subsistence uses by local residents shall be permitted in the
monument in accordance with the provisions of subchapter II of
chapter 51 of this title.
(4)(a) Gates of the Arctic National Park, containing
approximately seven million fifty-two thousand acres of public
lands, Gates of the Arctic National Preserve, containing
approximately nine hundred thousand acres of Federal lands, as
generally depicted on map numbered GAAR-90,011, and dated July
1980. The park and preserve shall be managed for the following
purposes, among others: To maintain the wild and undeveloped
character of the area, including opportunities for visitors to
experience solitude, and the natural environmental integrity and
scenic beauty of the mountains, forelands, rivers, lakes, and
other natural features; to provide continued opportunities,
including reasonable access, for mountain climbing,
mountaineering, and other wilderness recreational activities; and
to protect habitat for and the populations of, fish and wildlife,
including, but not limited to, caribou, grizzly bears, Dall
sheep, moose, wolves, and raptorial birds. Subsistence uses by
local residents shall be permitted in the park, where such uses
are traditional, in accordance with the provisions of subchapter
II of chapter 51 of this title.
(b) Congress finds that there is a need for access for surface
transportation purposes across the Western (Kobuk River) unit of
the Gates of the Arctic National Preserve (from the Ambler Mining
District to the Alaska Pipeline Haul Road) and the Secretary
shall permit such access in accordance with the provisions of
this subsection.
(c) Upon the filing of an application pursuant to section
3164(b) and (c) of this title for a right-of-way across the
Western (Kobuk River) unit of the preserve, including the Kobuk
Wild and Scenic River, the Secretary shall give notice in the
Federal Register of a thirty-day period for other applicants to
apply for access.
(d) The Secretary and the Secretary of Transportation shall
jointly prepare an environmental and economic analysis solely for
the purpose of determining the most desirable route for the
right-of-way and terms and conditions which may be required for
the issuance of that right-of-way. This analysis shall be
completed within one year and the draft thereof within nine
months of the receipt of the application and shall be prepared in
lieu of an environmental impact statement which would otherwise
be required under section 102(2)(C) of the National Environmental
Policy Act [42 U.S.C. 4332(2)(C)]. Such analysis shall be deemed
to satisfy all requirements of that Act [42 U.S.C. 4321 et seq.]
and shall not be subject to judicial review. Such environmental
and economic analysis shall be prepared in accordance with the
procedural requirements of section 3164(e) of this title. The
Secretaries in preparing the analysis shall consider the
following -
(i) Alternative routes including the consideration of
economically feasible and prudent alternative routes across the
preserve which would result in fewer or less severe adverse
impacts upon the preserve.
(ii) The environmental and social and economic impact of the
right-of-way including impact upon wildlife, fish, and their
habitat, and rural and traditional lifestyles including
subsistence activities, and measures which should be instituted
to avoid or minimize negative impacts and enhance positive
impacts.
(e) Within 60 days of the completion of the environmental and
economic analysis, the Secretaries shall jointly agree upon a
route for issuance of the right-of-way across the preserve. Such
right-of-way shall be issued in accordance with the provisions of
section 3167 of this title.
(5) Kenai Fjords National Park, containing approximately five
hundred and sixty-seven thousand acres of public lands, as
generally depicted on map numbered KEFJ-90,007, and dated October
1978. The park shall be managed for the following purposes, among
others: To maintain unimpaired the scenic and environmental
integrity of the Harding Icefield, its outflowing glaciers, and
coastal fjords and islands in their natural state; and to protect
seals, sea lions, other marine mammals, and marine and other
birds and to maintain their hauling and breeding areas in their
natural state, free of human activity which is disruptive to
their natural processes. In a manner consistent with the
foregoing, the Secretary is authorized to develop access to the
Harding Icefield and to allow use of mechanized equipment on the
icefield for recreation.
(6) Kobuk Valley National Park, containing approximately one
million seven hundred and ten thousand acres of public lands as
generally depicted on map numbered KOVA-90,009, and dated October
1979. The park shall be managed for the following purposes, among
others: To maintain the environmental integrity of the natural
features of the Kobuk River Valley, including the Kobuk, Salmon,
and other rivers, the boreal forest, and the Great Kobuk Sand
Dunes, in an undeveloped state; to protect and interpret, in
cooperation with Native Alaskans, archeological sites associated
with Native cultures; to protect migration routes for the Arctic
caribou herd; to protect habitat for, and populations of, fish
and wildlife including but not limited to caribou, moose, black
and grizzly bears, wolves, and waterfowl; and to protect the
viability of subsistence resources. Subsistence uses by local
residents shall be permitted in the park in accordance with the
provisions of subchapter II of chapter 51 of this title. Except
at such times when, and locations where, to do so would be
inconsistent with the purposes of the park, the Secretary shall
permit aircraft to continue to land at sites in the upper Salmon
River watershed.
(7)(a) Lake Clark National Park, containing approximately two
million four hundred thirty-nine thousand acres of public lands,
and Lake Clark National Preserve, containing approximately one
million two hundred and fourteen thousand acres of public lands,
as generally depicted on map numbered LACL-90,008, and dated
October 1978. The park and preserve shall be managed for the
following purposes, among others: To protect the watershed
necessary for perpetuation of the red salmon fishery in Bristol
Bay; to maintain unimpaired the scenic beauty and quality of
portions of the Alaska Range and the Aleutian Range, including
active volcanoes, glaciers, wild rivers, lakes, waterfalls, and
alpine meadows in their natural state; and to protect habitat for
and populations of fish and wildlife including but not limited to
caribou, Dall sheep, brown/grizzly bears, bald eagles, and
peregrine falcons.
(b) No lands conveyed to the Nondalton Village Corporation
shall be considered to be within the boundaries of the park or
preserve; if the corporation desires to convey any such lands,
the Secretary may acquire such lands with the consent of the
owner, and any such lands so acquired shall become part of the
park or preserve, as appropriate. Subsistence uses by local
residents shall be permitted in the park where such uses are
traditional in accordance with the provisions of subchapter II of
chapter 51 of this title.
(8)(a) Noatak National Preserve, containing approximately
6,477,168 acres of public lands, as generally depicted on map
numbered NOAT-90,004, and dated July 1980 and the map entitled
"Noatak National Preserve and Noatak Wilderness Addition" dated
September 1994. The preserve shall be managed for the following (continued)