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(continued)
this title.
-End-
-CITE-
16 USC Sec. 410aaa-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part A - Death Valley National Park
-HEAD-
Sec. 410aaa-2. Transfer and administration of lands
-STATUTE-
On October 31, 1994, the Secretary shall transfer the lands under
the jurisdiction of the Bureau of Land Management depicted in the
maps described in section 410aaa-1 of this title, without
consideration, to the administrative jurisdiction of the National
Park Service for administration as part of the National Park
System, and the boundary of the park shall be adjusted accordingly.
The Secretary shall administer the areas added to the park by this
part in accordance with the provisions of law generally applicable
to units of the National Park System, including sections 1, 2, 3,
and 4 of this title.
-SOURCE-
(Pub. L. 103-433, title III, Sec. 303, Oct. 31, 1994, 108 Stat.
4486.)
-End-
-CITE-
16 USC Sec. 410aaa-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part A - Death Valley National Park
-HEAD-
Sec. 410aaa-3. Maps and legal description
-STATUTE-
Within six months after October 31, 1994, the Secretary shall
file maps and a legal description of the park designated under this
part with the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Natural Resources of the
United States House of Representatives. Such maps and legal
description shall have the same force and effect as if included in
this part, except that the Secretary may correct clerical and
typographical errors in such legal description and in the maps
referred to in section 410aaa-1 of this title. The maps and legal
description 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.
-SOURCE-
(Pub. L. 103-433, title III, Sec. 304, Oct. 31, 1994, 108 Stat.
4486.)
-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 section 410aaa-7 of this title.
-End-
-CITE-
16 USC Sec. 410aaa-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part A - Death Valley National Park
-HEAD-
Sec. 410aaa-4. Withdrawal
-STATUTE-
Subject to valid existing rights, all Federal lands within the
park are hereby withdrawn from all forms of entry, appropriation,
or disposal under the public land laws; from location, entry, and
patent under the United States mining laws; and from disposition
under all laws pertaining to mineral and geothermal leasing, and
mineral materials, and all amendments thereto.
-SOURCE-
(Pub. L. 103-433, title III, Sec. 305, Oct. 31, 1994, 108 Stat.
4486.)
-REFTEXT-
REFERENCES IN TEXT
The public land laws, referred to in text, are classified
generally to Title 43, Public Lands.
The United States mining laws and the mineral leasing laws,
referred to in text, are classified generally to Title 30, Mineral
Lands and Mining.
Geothermal leasing laws, referred to in text, are classified
principally to chapter 23 (Sec. 1001 et seq.) of Title 30.
-End-
-CITE-
16 USC Sec. 410aaa-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part A - Death Valley National Park
-HEAD-
Sec. 410aaa-5. Grazing
-STATUTE-
(a) In general
The privilege of grazing domestic livestock on lands within the
park shall continue to be exercised at no more than the current
level, subject to applicable laws and National Park Service
regulations.
(b) Sale of property
If a person holding a grazing permit referred to in subsection
(a) of this section informs the Secretary that such permittee is
willing to convey to the United States any base property with
respect to which such permit was issued and to which such permittee
holds title, the Secretary shall make the acquisition of such base
property a priority as compared with the acquisition of other lands
within the park, provided agreement can be reached concerning the
terms and conditions of such acquisition. Any such base property
which is located outside the park and acquired as a priority
pursuant to this section shall be managed by the Federal agency
responsible for the majority of the adjacent lands in accordance
with the laws applicable to such adjacent lands.
-SOURCE-
(Pub. L. 103-433, title III, Sec. 306, Oct. 31, 1994, 108 Stat.
4486.)
-End-
-CITE-
16 USC Sec. 410aaa-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part A - Death Valley National Park
-HEAD-
Sec. 410aaa-6. Death Valley National Park Advisory Commission
-STATUTE-
(a) Establishment
The Secretary shall establish an Advisory Commission of no more
than fifteen members, to advise the Secretary concerning the
development and implementation of a new or revised comprehensive
management plan for Death Valley National Park.
(b) Membership
(1) The advisory commission shall include an elected official for
each County within which any part of the park is located, a
representative of the owners of private properties located within
or immediately adjacent to the park, and other members representing
persons actively engaged in grazing and range management, mineral
exploration and development, and persons with expertise in relevant
fields, including geology, biology, ecology, law enforcement, and
the protection and management of National Park resources and
values.
(2) Vacancies in the advisory commission shall be filled by the
Secretary so as to maintain the full diversity of views required to
be represented on the advisory commission.
(c) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act shall apply to the procedures
and activities of the advisory commission.
(d) Termination
The advisory commission shall cease to exist ten years after the
date of its establishment.
-SOURCE-
(Pub. L. 103-433, title III, Sec. 307, Oct. 31, 1994, 108 Stat.
4487.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec. (c),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
-End-
-CITE-
16 USC Sec. 410aaa-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part A - Death Valley National Park
-HEAD-
Sec. 410aaa-7. Boundary adjustment
-STATUTE-
In preparing the maps and legal descriptions required by section
410aaa-3 of this title and section 602 of this Act, the Secretary
shall adjust the boundaries of the Death Valley National Park and
Death Valley National Park Wilderness so as to exclude from such
National Park and Wilderness the lands generally depicted on the
map entitled "Porter Mine (Panamint Range) Exclusion Area" dated
June 1994.
-SOURCE-
(Pub. L. 103-433, title III, Sec. 308, Oct. 31, 1994, 108 Stat.
4487.)
-REFTEXT-
REFERENCES IN TEXT
Section 602 of this Act, referred to in text, is section 602 of
Pub. L. 103-433, title VI, Oct. 31, 1994, 108 Stat. 4496, which is
not classified to the Code.
-End-
-CITE-
16 USC Part B - Joshua Tree National Park 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part B - Joshua Tree National Park
-HEAD-
PART B - JOSHUA TREE NATIONAL PARK
-End-
-CITE-
16 USC Sec. 410aaa-21 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part B - Joshua Tree National Park
-HEAD-
Sec. 410aaa-21. Findings
-STATUTE-
The Congress finds that -
(1) a proclamation by President Franklin Roosevelt in 1936
established Joshua Tree National Monument to protect various
objects of historical and scientific interest;
(2) Joshua Tree National Monument today is recognized as a
major unit of the National Park System, having extraordinary
values enjoyed by millions of visitors;
(3) the monument boundaries as modified in 1950 and 1961
exclude and thereby expose to incompatible development and
inconsistent management, contiguous Federal lands of essential
and superlative natural, ecological, archeological,
paleontological, cultural, historical, and wilderness values;
(4) Joshua Tree National Monument should be enlarged by the
addition of contiguous Federal lands of national park caliber,
and afforded full recognition and statutory protection as a
National Park; and
(5) the nondesignated wilderness within Joshua Tree should
receive statutory protection by designation pursuant to the
Wilderness Act [16 U.S.C. 1131 et seq.].
-SOURCE-
(Pub. L. 103-433, title IV, Sec. 401, Oct. 31, 1994, 108 Stat.
4487.)
-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act, referred to in par. (5), 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. 410aaa-22 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part B - Joshua Tree National Park
-HEAD-
Sec. 410aaa-22. Establishment
-STATUTE-
There is hereby established the Joshua Tree National Park,
(hereinafter in this section referred to as the "park"), as
generally depicted on a map entitled "Joshua Tree National Park
Boundary - Proposed", dated May 1991, and four maps entitled
"Joshua Tree National Park Boundary and Wilderness", numbered in
the title one through four, and dated October 1991 or prior, 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 Joshua Tree National
Monument is hereby abolished as such, the lands and interests
therein are hereby incorporated within and made part of the new
Joshua Tree National Park, and any funds available for purposes of
the monument shall be available for purposes of the park.
-SOURCE-
(Pub. L. 103-433, title IV, Sec. 402, Oct. 31, 1994, 108 Stat.
4488.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410aaa-23 of this title.
-End-
-CITE-
16 USC Sec. 410aaa-23 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part B - Joshua Tree National Park
-HEAD-
Sec. 410aaa-23. Transfer and administration of lands
-STATUTE-
On October 31, 1994, the Secretary shall transfer the lands under
the jurisdiction of the Bureau of Land Management depicted on the
maps described in section 410aaa-22 of this title, without
consideration, to the administrative jurisdiction of the National
Park Service for administration as part of the National Park
System. The boundaries of the park shall be adjusted accordingly.
The Secretary shall administer the areas added to the park by this
part in accordance with the provisions of law generally applicable
to units of the National Park System, including sections 1, 2, 3,
and 4 of this title.
-SOURCE-
(Pub. L. 103-433, title IV, Sec. 403, Oct. 31, 1994, 108 Stat.
4488.)
-End-
-CITE-
16 USC Sec. 410aaa-24 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part B - Joshua Tree National Park
-HEAD-
Sec. 410aaa-24. Maps and legal description
-STATUTE-
Within six months after October 31, 1994, the Secretary shall
file maps and legal (!1) description of the park with the Committee
on Energy and Natural Resources of the United States Senate and the
Committee on Natural Resources of the United States House of
Representatives. Such maps and legal description shall have the
same force and effect as if included in this part, except that the
Secretary may correct clerical and typographical errors in such
legal description and maps. The maps and legal description shall be
on file and available for public inspection in the appropriate
offices of the National Park Service, Department of the Interior.
-SOURCE-
(Pub. L. 103-433, title IV, Sec. 404, Oct. 31, 1994, 108 Stat.
4488.)
-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 "a legal".
-End-
-CITE-
16 USC Sec. 410aaa-25 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part B - Joshua Tree National Park
-HEAD-
Sec. 410aaa-25. Withdrawal
-STATUTE-
Subject to valid existing rights, all Federal lands within the
park are hereby withdrawn from all forms of entry, appropriation,
or disposal under the public land laws; from location, entry, and
patent under the United States mining laws; and from disposition
under all laws pertaining to mineral and geothermal leasing, and
mineral materials, and all amendments thereto.
-SOURCE-
(Pub. L. 103-433, title IV, Sec. 405, Oct. 31, 1994, 108 Stat.
4488.)
-REFTEXT-
REFERENCES IN TEXT
The public land laws, referred to in text, are classified
generally to Title 43, Public Lands.
The United States mining laws and the mineral leasing laws,
referred to in text, are classified generally to Title 30, Mineral
Lands and Mining.
Geothermal leasing laws, referred to in text, are classified
principally to chapter 23 (Sec. 1001 et seq.) of Title 30.
-End-
-CITE-
16 USC Sec. 410aaa-26 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part B - Joshua Tree National Park
-HEAD-
Sec. 410aaa-26. Utility rights-of-way
-STATUTE-
Nothing in this part shall have the effect of terminating any
validly issued right-of-way or customary operation, maintenance,
repair, and replacement activities in such right-of-way, issued,
granted, or permitted to the Metropolitan Water District pursuant
to the Boulder Canyon Project Act (43 U.S.C. 617-619b), which is
located on lands included in the Joshua Tree National Park, but
outside lands designated as wilderness under section 601(a)(2).
Such activities shall be conducted in a manner which will minimize
the impact on park resources. Nothing in this part shall have the
effect of terminating the fee title to lands or customary
operation, maintenance, repair, and replacement activities on or
under such lands granted to the Metropolitan Water District
pursuant to the Act of June 18, 1932 (47 Stat. 324), which are
located on lands included in the Joshua Tree National Park, but
outside lands designated as wilderness under section 601(a)(2).
Such activities shall be conducted in a manner which will minimize
the impact on park resources. The Secretary shall prepare within
one hundred and eighty days after October 31, 1994, in consultation
with the Metropolitan Water District, plans for emergency access by
the Metropolitan Water District to its lands and rights-of-way.
-SOURCE-
(Pub. L. 103-433, title IV, Sec. 406, Oct. 31, 1994, 108 Stat.
4488.)
-REFTEXT-
REFERENCES IN TEXT
The Boulder Canyon Project Act, referred to in text, is act Dec.
21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified
generally to subchapter I (Sec. 617 et seq.) of chapter 12A of
Title 43, Public Lands. For complete classification of this Act to
the Code, see section 617t of Title 43 and Tables.
Section 601(a)(2), referred to in text, is section 601(a)(2) of
Pub. L. 103-433, which enacted provisions listed in a table of
Wilderness Areas set out under section 1132 of this title.
Act of June 18, 1932 (47 Stat. 324), referred to in text, is not
classified to the Code.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410aaa-73 of this title.
-End-
-CITE-
16 USC Sec. 410aaa-27 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part B - Joshua Tree National Park
-HEAD-
Sec. 410aaa-27. Joshua Tree National Park Advisory Commission
-STATUTE-
(a) Establishment
The Secretary shall establish an Advisory Commission of no more
than fifteen members, to advise the Secretary concerning the
development and implementation of a new or revised comprehensive
management plan for Joshua Tree National Park.
(b) Membership
(1) The advisory commission shall include an elected official for
each County within which any part of the park is located, a
representative of the owners of private properties located within
or immediately adjacent to the park, and other members representing
persons actively engaged in grazing and range management, mineral
exploration and development, and persons with expertise in relevant
fields, including geology, biology, ecology, law enforcement, and
the protection and management of National Park resources and
values.
(2) Vacancies in the advisory commission shall be filled by the
Secretary so as to maintain the full diversity of views required to
be represented on the advisory commission.
(c) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act shall apply to the procedures
and activities of the advisory commission.
(d) Termination
The advisory commission shall cease to exist ten years after the
date of its establishment.
-SOURCE-
(Pub. L. 103-433, title IV, Sec. 407, Oct. 31, 1994, 108 Stat.
4489.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec. (c),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
-End-
-CITE-
16 USC Part C - Mojave National Preserve 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
PART C - MOJAVE NATIONAL PRESERVE
-End-
-CITE-
16 USC Sec. 410aaa-41 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-41. Findings
-STATUTE-
The Congress hereby finds that -
(1) Death Valley and Joshua Tree National Parks, as established
by this Act, protect unique and superlative desert resources, but
do not embrace the particular ecosystems and transitional desert
type found in the Mojave Desert area lying between them on public
lands now afforded only impermanent administrative designation as
a national scenic area;
(2) the Mojave Desert area possesses outstanding natural,
cultural, historical, and recreational values meriting statutory
designation and recognition as a unit of the National Park
System;
(3) the Mojave Desert area should be afforded full recognition
and statutory protection as a national preserve;
(4) the wilderness within the Mojave Desert should receive
maximum statutory protection by designation pursuant to the
Wilderness Act [16 U.S.C. 1131 et seq.]; and
(5) the Mojave Desert area provides an outstanding opportunity
to develop services, programs, accommodations and facilities to
ensure the use and enjoyment of the area by individuals with
disabilities, consistent with section 794 of title 29, Public Law
101-336, the Americans With (!1) Disabilities Act of 1990 [42
U.S.C. 12101 et seq.], and other appropriate laws and
regulations.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 501, Oct. 31, 1994, 108 Stat.
4489.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in par. (1), is defined in section
410aaa-81 of this title.
The Wilderness Act referred to in par. (4), 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.
The Americans with Disabilities Act of 1990, referred to in par.
(5), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended,
which is classified principally to chapter 126 (Sec. 12101 et seq.)
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 12101 of Title 42 and Tables.
-FOOTNOTE-
(!1) So in original. Probably should not be capitalized.
-End-
-CITE-
16 USC Sec. 410aaa-42 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-42. Establishment
-STATUTE-
There is hereby established the Mojave National Preserve,
comprising approximately one million four hundred nineteen thousand
eight hundred acres, as generally depicted on a map entitled
"Mojave National Park Boundary - Proposed", dated May 17, 1994,
which shall be on file and available for inspection in the
appropriate offices of the Director of the National Park Service,
Department of the Interior.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 502, Oct. 31, 1994, 108 Stat.
4490.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410aaa-43, 410aaa-44 of
this title.
-End-
-CITE-
16 USC Sec. 410aaa-43 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-43. Transfer of lands
-STATUTE-
On October 31, 1994, the Secretary shall transfer the lands under
the jurisdiction of the Bureau of Land Management depicted on the
maps described in section 410aaa-42 of this title, without
consideration, to the administrative jurisdiction of the Director
of the National Park Service. The boundaries of the public lands
shall be adjusted accordingly.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 503, Oct. 31, 1994, 108 Stat.
4490.)
-End-
-CITE-
16 USC Sec. 410aaa-44 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-44. Maps and legal description
-STATUTE-
Within six months after October 31, 1994, the Secretary shall
file maps and a legal description of the preserve designated under
this part with the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Natural Resources of the
United States House of Representatives. Such maps and legal
description shall have the same force and effect as if included in
this part, except that the Secretary may correct clerical and
typographical errors in such legal description and in the maps
referred to in section 410aaa-42 of this title. The maps and legal
description shall be on file and available for public inspection in
the appropriate offices of the National Park Service, Department of
the Interior.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 504, Oct. 31, 1994, 108 Stat.
4490.)
-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. 410aaa-45 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-45. Abolishment of scenic area
-STATUTE-
The East Mojave National Scenic Area, designated on January 13,
1981 (46 FR 3994), and modified on August 9, 1983 (48 FR 36210), is
hereby abolished.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 505, Oct. 31, 1994, 108 Stat.
4490.)
-End-
-CITE-
16 USC Sec. 410aaa-46 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-46. Administration
-STATUTE-
(a) The Secretary shall administer the preserve in accordance
with this part and with the provisions of law generally applicable
to units of the National Park System, including sections 1, 2, 3,
and 4 of this title.
(b) The Secretary shall permit hunting, fishing, and trapping on
lands and waters within the preserve designated by this Act in
accordance with applicable Federal and State laws except that the
Secretary may designate areas where, and establish periods when, no
hunting, fishing, or trapping will be permitted for reasons of
public safety, administration, or compliance with provisions of
applicable law. Except in emergencies, regulations closing areas to
hunting, fishing, or trapping pursuant to this subsection shall be
put into effect only after consultation with the appropriate State
agency having responsibility for fish and wildlife. Nothing in this
Act shall be construed as affecting the jurisdiction or
responsibilities of the States with respect to fish and wildlife on
Federal lands and waters covered by this part nor shall anything in
this Act be construed as authorizing the Secretary concerned to
require a Federal permit to hunt, fish, or trap on Federal lands
and waters covered by this part.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 506, Oct. 31, 1994, 108 Stat.
4490.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (b), is defined in section
410aaa-81 of this title.
-End-
-CITE-
16 USC Sec. 410aaa-47 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-47. Withdrawal
-STATUTE-
Subject to valid existing rights, all Federal lands within the
preserve are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining laws;
and from disposition under all laws pertaining to mineral and
geothermal leasing, and mineral materials, and all amendments
thereto.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 507, Oct. 31, 1994, 108 Stat.
4491.)
-REFTEXT-
REFERENCES IN TEXT
The public land laws, referred to in text, are classified
generally to Title 43, Public Lands.
The United States mining laws and the mineral leasing laws,
referred to in text, are classified generally to Title 30, Mineral
Lands and Mining.
Geothermal leasing laws, referred to in text, are classified
principally to chapter 23 (Sec. 1001 et seq.) of Title 30.
-End-
-CITE-
16 USC Sec. 410aaa-48 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-48. Regulation of mining
-STATUTE-
Subject to valid existing rights, all mining claims located
within the preserve shall be subject to all applicable laws and
regulations applicable to mining within units of the National Park
System, including the Mining in the Parks Act (16 U.S.C. 1901 et
seq.), and any patent issued after October 31, 1994, shall convey
title only to the minerals together with the right to use the
surface of lands for mining purposes, subject to such laws and
regulations.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 508, Oct. 31, 1994, 108 Stat.
4491.)
-REFTEXT-
REFERENCES IN TEXT
The Mining in the Parks Act, referred to in text, is Pub. L.
94-429, Sept. 28, 1976, 90 Stat. 1342, as amended, which is
classified principally to chapter 39 (Sec. 1901 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1901 of this title and
Tables.
-End-
-CITE-
16 USC Sec. 410aaa-49 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-49. Study as to validity of mining claims
-STATUTE-
(a) The Secretary shall not approve any plan of operation prior
to determining the validity of the unpatented mining claims, mill
sites, and tunnel sites affected by such plan within the preserve
and shall submit to Congress recommendations as to whether any
valid or patented claims should be acquired by the United States,
including the estimated acquisition costs of such claims, and a
discussion of the environmental consequences of the extraction of
minerals from these lands.
(b)(1) Notwithstanding any other provision of law, the Secretary
shall permit the holder or holders of mining claims identified on
the records of the Bureau of Land Management as Volco #A CAMC
105446, Volco #B CAMC 105447, Volco 1 CAMC 80155, Volco 2 CAMC
80156, Volco 3 CAMC 170259, Volco 4 CAMC 170260, Volco 5 CAMC
78405, Volco 6 CAMC 78404, and Volco 7 CAMC 78403, Volco Placer
78332, to continue exploration and development activities on such
claims for a period of two years after October 31, 1994, subject to
the same regulations as applied to such activities on such claims
on the day before October 31, 1994.
(2) At the end of the period specified in paragraph (1), or
sooner if so requested by the holder or holders of the claims
specified in such paragraph, the Secretary shall determine whether
there has been a discovery of valuable minerals on such claims and
whether, if such discovery had been made on or before July 1, 1994,
such claims would have been valid as of such date under the mining
laws of the United States in effect on such date.
(3) If the Secretary, pursuant to paragraph (2), makes an
affirmative determination concerning the claims specified in
paragraph (1), the holder or holders of such claims shall be
permitted to continue to operate such claims subject only to such
regulations as applied on July 1, 1994 to the exercise of valid
existing rights on patented mining claims within a unit of the
National Park System.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 509, Oct. 31, 1994, 108 Stat.
4491.)
-REFTEXT-
REFERENCES IN TEXT
The mining laws of the United States, referred to in subsec.
(b)(2), are classified generally to Title 30, Mineral Lands and
Mining.
-End-
-CITE-
16 USC Sec. 410aaa-50 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-50. Grazing
-STATUTE-
(a) The privilege of grazing domestic livestock on lands within
the preserve shall continue to be exercised at no more than the
current level, subject to applicable laws and National Park Service
regulations.
(b) If a person holding a grazing permit referred to in
subsection (a) of this section informs the Secretary that such
permittee is willing to convey to the United States any base
property with respect to which such permit was issued and to which
such permittee holds title, the Secretary shall make the
acquisition of such base property a priority as compared with the
acquisition of other lands within the preserve, provided agreement
can be reached concerning the terms and conditions of such
acquisition. Any such base property which is located outside the
preserve and acquired as a priority pursuant to this section shall
be managed by the Federal agency responsible for the majority of
the adjacent lands in accordance with the laws applicable to such
adjacent lands.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 510, Oct. 31, 1994, 108 Stat.
4492.)
-End-
-CITE-
16 USC Sec. 410aaa-51 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-51. Utility rights-of-way
-STATUTE-
(a) Continuation of rights-of-way and other activities; upgrading
transmission lines; emergency access plans
(1) Nothing in this part shall have the effect of terminating any
validly issued right-of-way or customary operation, maintenance,
repair, and replacement activities in such right-of-way, issued,
granted, or permitted to Southern California Edison Company, its
successors or assigns, which is located on lands included in the
Mojave National Preserve, but outside lands designated as
wilderness under section 601(a)(3). Such activities shall be
conducted in a manner which will minimize the impact on preserve
resources.
(2) Nothing in this part shall have the effect of prohibiting the
upgrading of an existing electrical transmission line for the
purpose of increasing the capacity of such transmission line in the
Southern California Edison Company validly issued Eldorado-Lugo
Transmission Line right-of-way and Mojave-Lugo Transmission Line
right-of-way, or in a right-of-way if issued, granted, or permitted
by the Secretary adjacent to the existing Mojave-Lugo Transmission
Line right-of-way (hereafter in this section referred to as
"adjacent right-of-way"), including construction of a replacement
transmission line: Provided, That -
(A) in the Eldorado-Lugo Transmission Line rights-of-way
(hereafter in this section referred to as the "Eldorado
rights-of-way") at no time shall there be more than three
electrical transmission lines;
(B) in the Mojave-Lugo Transmission Line right-of-way
(hereafter in this section referred to as the "Mojave
right-of-way") and adjacent right-of-way, removal of the existing
electrical transmission line and reclamation of the site shall be
completed no later than three years after the date on which
construction of the upgraded transmission line begins, after
which time there may be only one electrical transmission line in
the lands encompassed by Mojave right-of-way and adjacent
right-of-way;
(C) if there are no more than two electrical transmission lines
in the Eldorado rights-of-way, two electrical transmission lines
in the lands encompassed by the Mojave right-of-way and adjacent
right-of-way may be allowed;
(D) in the Eldorado rights-of-way and Mojave right-of-way no
additional land shall be issued, granted, or permitted for such
upgrade unless an addition would reduce the impacts to preserve
resources;
(E) no more than 350 feet of additional land shall be issued,
granted, or permitted for an adjacent right-of-way to the south
of the Mojave right-of-way unless a greater addition would reduce
the impacts to preserve resources; and
(F) such upgrade activities, including helicopter aided
construction, shall be conducted in a manner which will minimize
the impact on preserve resources.
(3) The Secretary shall prepare within one hundred and eighty
days after October 31, 1994, in consultation with the Southern
California Edison Company, plans for emergency access by the
Southern California Edison Company to its rights-of-way.
(b) Pipeline capacity
(1) Nothing in this part shall have the effect of terminating any
validly issued right-of-way, or customary operation, maintenance,
repair, and replacement activities in such right-of-way;
prohibiting the upgrading of and construction on existing
facilities in such right-of-way for the purpose of increasing the
capacity of the existing pipeline; or prohibiting the renewal of
such right-of-way issued, granted, or permitted to the Southern
California Gas Company, its successors or assigns, which is located
on lands included in the Mojave National Preserve, but outside
lands designated as wilderness under section 601(a)(3). Such
activities shall be conducted in a manner which will minimize the
impact on preserve resources.
(2) The Secretary shall prepare within one hundred and eighty
days after October 31, 1994, in consultation with the Southern
California Gas Company, plans for emergency access by the Southern
California Gas Company to its rights-of-way.
(c) Communications cables or lines
Nothing in this part shall have the effect of terminating any
validly issued right-of-way or customary operation, maintenance,
repair, and replacement activities of existing facilities issued,
granted, or permitted for communications cables or lines, which are
located on lands included in the Mojave National Preserve, but
outside lands designated as wilderness under section 601(a)(3).
Such activities shall be conducted in a manner which will minimize
the impact on preserve resources.
(d) Other rights-of-way
Nothing in this part shall have the effect of terminating any
validly issued right-of-way or customary operation, maintenance,
repair, and replacement activities of existing facilities issued,
granted, or permitted to Molybdenum Corporation of America;
Molycorp, Incorporated; or Union Oil Company of California (d/b/a
Unocal Corporation); or its successors or assigns, or prohibiting
renewal of such right-of-way, which is located on lands included in
the Mojave National Preserve, but outside lands designated as
wilderness under section 601(a)(3). Such activities shall be
conducted in a manner which will minimize the impact on preserve
resources.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 511, Oct. 31, 1994, 108 Stat.
4492.)
-REFTEXT-
REFERENCES IN TEXT
Section 601(a)(3), referred to in text, is section 601(a)(3) of
Pub. L. 103-433, which enacted provisions listed in a table of
Wilderness Areas set out under section 1132 of this title.
-End-
-CITE-
16 USC Sec. 410aaa-52 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-52. Preparation of management plan
-STATUTE-
Within three years after October 31, 1994, the Secretary shall
submit to the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Natural Resources of the
United States House of Representatives a detailed and comprehensive
management plan for the preserve. Such plan shall place emphasis on
historical and cultural sites and ecological and wilderness values
within the boundaries of the preserve. Such plan shall evaluate the
feasibility of using the Kelso Depot and existing railroad corridor
to provide public access to and a facility for special
interpretive, educational, and scientific programs within the
preserve. Such plan shall specifically address the needs of
individuals with disabilities in the design of services, programs,
accommodations and facilities consistent with section 794 of title
29, Public Law 101-336, the Americans with Disabilities Act of 1990
[42 U.S.C. 12101 et seq.], and other appropriate laws and
regulations.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 512, Oct. 31, 1994, 108 Stat.
4494.)
-REFTEXT-
REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred to in text,
is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended, which
is classified principally to chapter 126 (Sec. 12101 et seq.) 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 12101 of Title 42 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.
-End-
-CITE-
16 USC Sec. 410aaa-53 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-53. Granite Mountains Natural Reserve
-STATUTE-
(a) Establishment
There is hereby designated the Granite Mountains Natural Reserve
within the preserve comprising approximately nine thousand acres as
generally depicted on a map entitled "Mojave National Park Boundary
and Wilderness - Proposed 6", dated May 1991.
(b) Cooperative management agreement
On October 31, 1994, the Secretary shall enter into a cooperative
management agreement with the University of California for the
purposes of managing the lands within the Granite Mountains Natural
Reserve. Such cooperative agreement shall ensure continuation of
arid lands research and educational activities of the University of
California, consistent with the provisions of this part and laws
generally applicable to units of the National Park System.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 513, Oct. 31, 1994, 108 Stat.
4494.)
-End-
-CITE-
16 USC Sec. 410aaa-54 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-54. Soda Springs Desert Study Center
-STATUTE-
On October 31, 1994, the Secretary shall enter into a cooperative
management agreement with California State University for the
purposes of managing facilities at the Soda Springs Desert Study
Center. Such cooperative agreement shall ensure continuation of the
desert research and educational activities of California State
University, consistent with the provisions of this part and laws
generally applicable to units of the National Park System.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 514, Oct. 31, 1994, 108 Stat.
4494.)
-End-
-CITE-
16 USC Sec. 410aaa-55 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-55. Construction of visitor center
-STATUTE-
The Secretary is authorized to construct a visitor center in the
preserve for the purpose of providing information through
appropriate displays, printed material, and other interpretive
programs, about the resources of the preserve.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 515, Oct. 31, 1994, 108 Stat.
4494.)
-End-
-CITE-
16 USC Sec. 410aaa-56 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part C - Mojave National Preserve
-HEAD-
Sec. 410aaa-56. Acquisition of lands
-STATUTE-
The Secretary is authorized to acquire all lands and interest in (continued)