Loading (50 kb)...'
(continued)
lands within the boundary of the preserve by donation, purchase, or
exchange, except that -
(1) any lands or interests therein within the boundary of the
preserve which are owned by the State of California, or any
political subdivision thereof, may be acquired only by donation
or exchange except for lands managed by the California State
Lands Commission; and
(2) lands or interests therein within the boundary of the
preserve which are not owned by the State of California or any
political subdivision thereof may be acquired only with the
consent of the owner thereof unless the Secretary determines,
after written notice to the owner and after opportunity for
comment, that the property is being developed, or proposed to be
developed, in a manner which is detrimental to the integrity of
the preserve or which is otherwise incompatible with the purposes
of this part: Provided, however, That the construction,
modification, repair, improvement, or replacement of a
single-family residence shall not be determined to be detrimental
to the integrity of the preserve or incompatible with the
purposes of this part.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 516, Oct. 31, 1994, 108 Stat.
4494.)
-MISC1-
LAND EXCHANGE, MOJAVE NATIONAL PRESERVE
Pub. L. 108-87, title VIII, Sec. 8121, Sept. 30, 2003, 117 Stat.
1100, provided that:
"(a) Exchange Required. - In exchange for the private property
described in subsection (b), the Secretary of the Interior shall
convey to the Veterans Home of California - Barstow, Veterans of
Foreign Wars Post #385E (in this section referred to as the
'recipient'), all right, title, and interest of the United States
in and to a parcel of real property consisting of approximately one
acre in the Mojave National Preserve and designated (by section
8137 of the Department of Defense Appropriations Act, 2002 (Public
Law 107-117; 115 Stat. 2278) [16 U.S.C. 431 note]) as a national
memorial commemorating United States participation in World War I
and honoring the American veterans of that war. Notwithstanding the
conveyance of the property under this subsection, the Secretary
shall continue to carry out the responsibilities of the Secretary
under such section 8137.
"(b) Consideration. - As consideration for the property to be
conveyed by the Secretary under subsection (a), Mr. and Mrs. Henry
Sandoz of Mountain Pass, California, have agreed to convey to the
Secretary a parcel of real property consisting of approximately
five acres, identified as parcel APN 569-051-44, and located in the
west 1/2 of the northeast 1/4 of the northwest 1/4 of the
northwest 1/4 of section 11, township 14 north, range 15 east,
San Bernardino base and meridian.
"(c) Equal Value Exchange; Appraisal. - The values of the
properties to be exchanged under this section shall be equal or
equalized as provided in subsection (d). The value of the
properties shall be determined through an appraisal performed by a
qualified appraiser in conformance with the Uniform Appraisal
Standards for Federal Land Acquisitions (Department of Justice,
December 2000).
"(d) Cash Equalization. - Any difference in the value of the
properties to be exchanged under this section shall be equalized
through the making of a cash equalization payment. The Secretary
shall deposit any cash equalization payment received by the
Secretary under this subsection in the Land and Water Conservation
Fund.
"(e) Reversionary Clause. - The conveyance under subsection (a)
shall be subject to the condition that the recipient maintain the
conveyed property as a memorial commemorating United States
participation in World War I and honoring the American veterans of
that war. If the Secretary determines that the conveyed property is
no longer being maintained as a war memorial, the property shall
revert to the ownership of the United States.
"(f) Boundary Adjustment; Administration of Acquired Land. - The
boundaries of the Mojave National Preserve shall be adjusted to
reflect the land exchange required by this section. The property
acquired by the Secretary under this section shall become part of
the Mojave National Preserve and be administered in accordance with
the laws, rules, and regulations generally applicable to the Mojave
National Preserve."
-End-
-CITE-
16 USC Sec. 410aaa-57 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-57. Acquired lands to be made part of Mojave National
Preserve
-STATUTE-
Any lands acquired by the Secretary under this part shall become
part of the Mojave National Preserve.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 517, Oct. 31, 1994, 108 Stat.
4495.)
-End-
-CITE-
16 USC Sec. 410aaa-58 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-58. Mojave National Preserve 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 the Mojave National Preserve.
(b) Membership
(1) The advisory commission shall include an elected official for
each County within which any part of the preserve is located, a
representative of the owners of private properties located within
or immediately adjacent to the preserve, 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 V, Sec. 518, Oct. 31, 1994, 108 Stat.
4495.)
-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-59 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-59. No adverse effect on land until acquired
-STATUTE-
Unless and until acquired by the United States, no lands within
the boundaries of wilderness areas or National Park System units
designated or enlarged by this Act that are owned by any person or
entity other than the United States shall be subject to any of the
rules or regulations applicable solely to the Federal lands within
such boundaries and may be used to the extent allowed by applicable
law. Neither the location of such lands within such boundaries nor
the possible acquisition of such lands by the United States shall
constitute a bar to the otherwise lawful issuance of any Federal
license or permit other than a license or permit related to
activities governed by section 460l-22(c) of this title. Nothing in
this section shall be construed as affecting the applicability of
any provision of the Mining in the Parks Act (16 U.S.C. 1901 et
seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), or regulations
applicable to oil and gas development as set forth in 36 CFR 9B.
-SOURCE-
(Pub. L. 103-433, title V, Sec. 519, Oct. 31, 1994, 108 Stat.
4495.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is defined in section 410aaa-81 of
this title.
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.
The Clean Air Act, referred to in text, is act July 14, 1955, ch.
360, 69 Stat. 322, as amended, which is classified generally to
chapter 85 (Sec. 7401 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 7401 of Title 42 and Tables.
-End-
-CITE-
16 USC Part D - Miscellaneous Provisions 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 D - Miscellaneous Provisions
-HEAD-
PART D - MISCELLANEOUS PROVISIONS
-End-
-CITE-
16 USC Sec. 410aaa-71 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 D - Miscellaneous Provisions
-HEAD-
Sec. 410aaa-71. Transfer of lands to Red Rock Canyon State Park
-STATUTE-
On October 31, 1994, the Secretary shall transfer to the State of
California certain lands within the California Desert Conservation
Area, California, of the Bureau of Land Management, comprising
approximately twenty thousand five hundred acres, as generally
depicted on two maps entitled "Red Rock Canyon State Park Additions
1" and "Red Rock Canyon State Park Additions 2", dated May 1991,
for inclusion in the State of California Park System. Should the
State of California cease to manage these lands as part of the
State Park System, ownership of the lands shall revert to the
Department of the Interior to be managed as part of California
Desert Conservation Area to provide maximum protection for the
area's scenic and scientific values.
-SOURCE-
(Pub. L. 103-433, title VII, Sec. 701, Oct. 31, 1994, 108 Stat.
4497.)
-End-
-CITE-
16 USC Sec. 410aaa-72 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 D - Miscellaneous Provisions
-HEAD-
Sec. 410aaa-72. Land tenure adjustments
-STATUTE-
In preparing land tenure adjustment decisions with the California
Desert Conservation Area, of the Bureau of Land Management, the
Secretary shall give priority to consolidating Federal ownership
within the national park units and wilderness areas designated by
this Act.
-SOURCE-
(Pub. L. 103-433, title VII, Sec. 702, Oct. 31, 1994, 108 Stat.
4497.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is defined in section 410aaa-81 of
this title.
-End-
-CITE-
16 USC Sec. 410aaa-73 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 D - Miscellaneous Provisions
-HEAD-
Sec. 410aaa-73. Land disposal
-STATUTE-
Except as provided in section 410aaa-26 of this title, none of
the lands within the boundaries of the wilderness or park areas
designated under this Act shall be granted to or otherwise made
available for use by the Metropolitan Water District or any other
agencies or persons pursuant to the Boulder Canyon Project Act (43
U.S.C. 617-619b) or any similar Acts.
-SOURCE-
(Pub. L. 103-433, title VII, Sec. 703, Oct. 31, 1994, 108 Stat.
4497.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is defined in section 410aaa-81 of
this title.
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.
-End-
-CITE-
16 USC Sec. 410aaa-74 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 D - Miscellaneous Provisions
-HEAD-
Sec. 410aaa-74. Management of newly acquired lands
-STATUTE-
Any lands within the boundaries of a wilderness area designated
under this Act which are acquired by the Federal Government, shall
become part of the wilderness area within which they are located
and shall be managed in accordance with all the provisions of this
Act and other laws applicable to such wilderness area.
-SOURCE-
(Pub. L. 103-433, title VII, Sec. 704, Oct. 31, 1994, 108 Stat.
4497.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is defined in section 410aaa-81 of
this title.
-End-
-CITE-
16 USC Sec. 410aaa-75 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 D - Miscellaneous Provisions
-HEAD-
Sec. 410aaa-75. Native American uses and interests
-STATUTE-
(a) Access
In recognition of the past use of the National Park System units
and wilderness areas designed under this Act by Indian people for
traditional cultural and religious purposes, the Secretary shall
ensure access to such park system units and wilderness areas by
Indian people for such traditional cultural and religious purposes.
In implementing this section, the Secretary, upon the request of an
Indian tribe or Indian religious community, shall temporarily close
to the general public use of one or more specific portions of the
park system unit or wilderness area in order to protect the privacy
of traditional cultural and religious activities in such areas by
Indian people. Any such closure shall be made to affect the
smallest practicable area for the minimum period necessary for such
purposes. Such access shall be consistent with the purpose and
intent of Public Law 95-341 (42 U.S.C. 1996 [, 1996a]) commonly
referred to as the "American Indian Religious Freedom Act", and
with respect to areas designated as wilderness, the Wilderness Act
(78 Stat. 890; 16 U.S.C. 1131).
(b) Study
(1) The Secretary, in consultation with the Timbisha Shoshone
Tribe and relevant Federal agencies, shall conduct a study, subject
to the availability of appropriations, to identify lands suitable
for a reservation for the Timbisha Shoshone Tribe that are located
within the Tribe's aboriginal homeland area within and outside the
boundaries of the Death Valley National Monument and the Death
Valley National Park, as described in part A of this subchapter.
(2) Not later than 1 year after October 31, 1994, the Secretary
shall submit a report to the Committee on Energy and Natural
Resources and the Committee on Indian Affairs of the United States
Senate, and the Committee on Natural Resources of the United States
House of Representatives on the results of the study conducted
under paragraph (1).
-SOURCE-
(Pub. L. 103-433, title VII, Sec. 705, Oct. 31, 1994, 108 Stat.
4498.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is defined in section
410aaa-81 of this title.
The American Indian Religious Freedom Act, referred to in subsec.
(a), is Pub. L. 95-341, Aug. 11, 1978, 92 Stat. 469, as amended,
which is classified to sections 1996 and 1996a of Title 42, The
Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 1996 of
Title 42 and Tables.
The Wilderness Act, referred to in subsec. (a), 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.
-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-76 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 D - Miscellaneous Provisions
-HEAD-
Sec. 410aaa-76. Federal reserved water rights
-STATUTE-
(a) Reservation of sufficient water
Except as otherwise provided in section 204 of this Act, with
respect to each wilderness area designated by this Act, Congress
hereby reserves a quantity of water sufficient to fulfill the
purposes of this Act. The priority date of such reserved water
rights shall be October 31, 1994.
(b) Protection of rights reserved
The Secretary and all other officers of the United States shall
take all steps necessary to protect the rights reserved by this
section, including the filing by the Secretary of a claim for the
quantification of such rights in any present or future appropriate
stream adjudication in the courts of the State of California in
which the United States is or may be joined in accordance with
section 666 of title 43.
(c) Relinquishment or reduction of rights
Nothing in this Act shall be construed as a relinquishment or
reduction of any water rights reserved or appropriated by the
United States in the State of California on or before October 31,
1994.
(d) Specific reservation
The Federal water rights reserved by this Act are specific to the
wilderness area located in the State of California designated under
this Act. Nothing in this Act related to the reserved Federal water
rights shall be construed as establishing a precedent with regard
to any future designations, nor shall it constitute an
interpretation of any other Act or any designation made thereto.
-SOURCE-
(Pub. L. 103-433, title VII, Sec. 706, Oct. 31, 1994, 108 Stat.
4498.)
-REFTEXT-
REFERENCES IN TEXT
Section 204 of this Act, referred to in subsec. (a), is section
204 of Pub. L. 103-433, title II, Oct. 31, 1994, 108 Stat. 4485,
which is not classified to the Code.
This Act, referred to in subsecs. (a), (c), and (d), is defined
in section 410aaa-81 of this title.
-End-
-CITE-
16 USC Sec. 410aaa-77 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 D - Miscellaneous Provisions
-HEAD-
Sec. 410aaa-77. California State School lands
-STATUTE-
(a) Negotiations to exchange
Upon request of the California State Lands Commission
(hereinafter in this section referred to as the "Commission"), the
Secretary shall enter into negotiations for an agreement to
exchange Federal lands or interests therein on the list referred to
in subsection (b)(2) of this section for California State School
lands or interests therein which are located within the boundaries
of one or more of the wilderness areas or park system units
designated by this Act (hereinafter in this section referred to as
"State School lands."). The Secretary shall negotiate in good faith
to reach a land exchange agreement consistent with the requirements
of section 206 of the Federal Land Policy and Management Act of
1976 [43 U.S.C. 1716].
(b) Preparation of list
Within six months after October 31, 1994, the Secretary shall
send to the Commission and 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 list of
the following:
(1) State School lands or interests therein (including mineral
interests) which are located within the boundaries of the
wilderness areas or park system units designated by this Act.
(2) Lands within the State of California under the jurisdiction
of the Secretary that the Secretary determines to be suitable for
disposal for exchange, identified in the following priority -
(A) lands with mineral interests, including geothermal, which
have the potential for commercial development but which are not
currently under mineral lease or producing Federal mineral
revenues;
(B) Federal claims in California managed by the Bureau of
Reclamation that the Secretary determines are not needed for
any Bureau of Reclamation project; and
(C) any public lands in California that the Secretary,
pursuant to the Federal Land Policy and Management Act of 1976
[43 U.S.C. 1701 et seq.], has determined to be suitable for
disposal through exchange.
(3) Any other Federal land, or interest therein, within the
State of California, which is or becomes surplus to the needs of
the Federal Government. The Secretary may exclude, in the
Secretary's discretion, lands located within, or contiguous to,
the exterior boundaries of lands held in trust for a federally
recognized Indian tribe located in the State of California.
(4) The Secretary shall maintain such list and shall annually
transmit such list 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
until all of the State School lands identified in paragraph (1)
have been acquired.
(c) Disposal of surplus Federal property
(1) Effective upon October 31, 1994, and until all State School
lands identified in paragraph (b)(1) of this section are acquired,
no Federal lands or interests therein within the State of
California may be disposed of from Federal ownership unless -
(A) the Secretary is notified of the availability of such lands
or interest therein;
(B) the Secretary has notified the Commission of the
availability of such lands or interests therein for exchange; and
(C) the Commission has not notified the Secretary within six
months that it wishes to consider entering into an exchange for
such lands or interests therein.
(2) If the Commission notifies the Secretary that it wishes to
consider an exchange for such lands or interests therein, the
Secretary shall attempt to conclude such exchange in accordance
with the provisions of this section as quickly as possible.
(3) If an agreement is reached and executed with the Commission,
then upon notice to the head of the agency having administrative
jurisdiction over such lands or interests therein, the Secretary
shall be vested with administrative jurisdiction over such land or
interests therein for the purpose of concluding such exchange.
(4) Upon the acquisition of all State School lands or upon notice
by the Commission to the Secretary that it no longer has an
interest in such lands or interests therein, such lands or
interests shall be released to the agency that originally had
jurisdiction over such lands or interests for disposal in
accordance with the laws otherwise applicable to such lands or
interests.
(d) No effect on military base closures
The provisions of this section shall not apply to the disposal of
property under title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 102 Stat.
2627; 10 U.S.C. 2687 note) or the Defense Base Closure and
Realignment Act of 1990 (Public Law 101-510; 104 Stat. 1808; 10
U.S.C. 2687 note).
-SOURCE-
(Pub. L. 103-433, title VII, Sec. 707, Oct. 31, 1994, 108 Stat.
4499.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (b)(1), is defined in
section 410aaa-81 of this title.
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (b)(2)(C), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat.
2743, as amended, which is classified principally to chapter 35
(Sec. 1701 et seq.) of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title note set
out under section 1701 of Title 43 and Tables.
The Defense Authorization Amendments and Base Closure and
Realignment Act, referred to in subsec. (d), is Pub. L. 100-526,
Oct. 24, 1988, 102 Stat. 2623, as amended. Title II of the Act is
set out as a note under section 2687 of Title 10, Armed Forces. For
complete classification of this Act to the Code, see Short Title of
1988 Amendment note set out under section 2687 of Title 10 and
Tables.
The Defense Base Closure and Realignment Act of 1990, referred to
in subsec. (d), is part A of title XXIX of div. B of Pub. L.
101-510, Nov. 5, 1990, 104 Stat. 1808, as amended, which amended
section 2687 of Title 10 and enacted provisions set out as a note
under section 2687 of Title 10.
-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-78 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 D - Miscellaneous Provisions
-HEAD-
Sec. 410aaa-78. Access to private property
-STATUTE-
The Secretary shall provide adequate access to nonfederally owned
land or interests in land within the boundaries of the conservation
units and wilderness areas designated by this Act which will
provide the owner of such land or interest the reasonable use and
enjoyment thereof.
-SOURCE-
(Pub. L. 103-433, title VII, Sec. 708, Oct. 31, 1994, 108 Stat.
4500.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is defined in section 410aaa-81 of
this title.
-End-
-CITE-
16 USC Sec. 410aaa-79 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 D - Miscellaneous Provisions
-HEAD-
Sec. 410aaa-79. Federal facilities fee equity
-STATUTE-
(a) Policy statement
It is the intent of Congress that entrance, tourism or
recreational use fees for use of Federal lands and facilities not
discriminate against any State or any region of the country.
(b) Fee study
The Secretary, in cooperation with other affected agencies, shall
prepare and submit a report by May 1, 1996 to the Committee on
Energy and Natural Resources of the United States Senate, the
Committee on Natural Resources of the United States House of
Representatives, and any other relevant committees, which shall -
(1) identify all Federal lands and facilities that provide
recreational or tourism use; and
(2) analyze by State and region any fees charged for entrance,
recreational or tourism use, if any, on Federal lands or
facilities in a State or region, individually and collectively.
(c) Recommendations
Following completion of the report in subsection (b) of this
section, the Secretary, in cooperation with other affected
agencies, shall prepare and submit a report by May 1, 1997 to the
Committee on Energy and Natural Resources of the United States
Senate, the Committee on Natural Resources of the United States
House of Representatives, and any other relevant committees, which
shall contain recommendations which the Secretary deems appropriate
for implementing the congressional intent outlined in subsection
(a) of this section.
-SOURCE-
(Pub. L. 103-433, title VII, Sec. 709, Oct. 31, 1994, 108 Stat.
4500.)
-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-80 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 D - Miscellaneous Provisions
-HEAD-
Sec. 410aaa-80. Land appraisal
-STATUTE-
Lands and interests in lands acquired pursuant to this Act shall
be appraised without regard to the presence of a species listed as
threatened or endangered pursuant to the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
-SOURCE-
(Pub. L. 103-433, title VII, Sec. 710, Oct. 31, 1994, 108 Stat.
4501.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is defined in section 410aaa-81 of
this title.
The Endangered Species Act of 1973, referred to in text, is Pub.
L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is
classified principally to chapter 35 (Sec. 1531 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1531 of this title and
Tables.
-End-
-CITE-
16 USC Sec. 410aaa-81 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 D - Miscellaneous Provisions
-HEAD-
Sec. 410aaa-81. Definition
-STATUTE-
Any reference to the term "this Act" in titles I through IX shall
be deemed to be solely a reference to sections 1 and 2, and titles
I through IX.
-SOURCE-
(Pub. L. 103-433, title VII, Sec. 711, Oct. 31, 1994, 108 Stat.
4501.)
-REFTEXT-
REFERENCES IN TEXT
Sections 1 and 2 and titles I to IX, referred to in text, are
sections 1 and 2 and titles I to IX of Pub. L. 103-433, Oct. 31,
1994, 108 Stat. 4471, known as the California Desert Protection Act
of 1994. Sections 1 and 2 of the Act are set out as notes under
section 410aaa of this title. Titles I to IX of the Act are
classified principally to this subchapter. For complete
classification of this Act to the Code, see Short Title note set
out under section 410aaa of this title and Tables.
-CROSS-
"SECRETARY" DEFINED
Section 103 of Pub. L. 103-433 provided in part that in this
subchapter "Secretary" means the Secretary of the Interior.
-End-
-CITE-
16 USC Sec. 410aaa-82 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 D - Miscellaneous Provisions
-HEAD-
Sec. 410aaa-82. Military overflights
-STATUTE-
(a) Overflights
Nothing in this Act, the Wilderness Act [16 U.S.C. 1131 et seq.],
or other land management laws generally applicable to the new units
of the National Park or Wilderness Preservation Systems (or any
additions to existing units) designated by this Act, shall restrict
or preclude low-level overflights of military aircraft over such
units, including military overflights that can be seen or heard
within such units.
(b) Special airspace
Nothing in this Act, the Wilderness Act [16 U.S.C. 1131 et seq.],
or other land management laws generally applicable to the new units
of the National Park or Wilderness Preservation Systems (or any
additions to existing units) designated by this Act, shall restrict
or preclude the designation of new units of special airspace or the
use or establishment of military flight training routes over such
new park system or wilderness units.
(c) No effect on other laws
Nothing in this section shall be construed to modify, expand, or
diminish any authority under other Federal law.
-SOURCE-
(Pub. L. 103-433, title VIII, Sec. 802, Oct. 31, 1994, 108 Stat.
4501.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (b), is defined in
section 410aaa-81 of this title.
The Wilderness Act, referred to in subsecs. (a) and (b), 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.
-MISC1-
SHORT TITLE AND FINDINGS
Section 801 of title VIII of Pub. L. 103-433 provided that:
"(a) Short Title. - This title [enacting this section] may be
cited as the 'California Military Lands Withdrawal and Overflights
Act of 1994'.
"(b) Findings. - The Congress finds that -
"(1) military aircraft testing and training activities as well
as demilitarization activities in California are an important
part of the national defense system of the United States, and are
essential in order to secure for the American people of this and
future generations an enduring and viable national defense
system;
"(2) the National Park System units and wilderness areas
designated by this Act [see section 410aaa-81 of this title] lie
within a region critical to providing training, research, and
development for the Armed Forces of the United States and its
allies;
"(3) there is a lack of alternative sites available for these
military training, testing, and research activities;
"(4) continued use of the lands and airspace in the California
desert region is essential for military purposes; and
"(5) continuation of these military activities, under
appropriate terms and conditions, is not incompatible with the
protection and proper management of the natural, environmental,
cultural, and other resources and values of the Federal lands in
the California desert area."
-End-
-CITE-
16 USC Sec. 410aaa-83 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 D - Miscellaneous Provisions
-HEAD-
Sec. 410aaa-83. Authorization of appropriations
-STATUTE-
There is authorized to be appropriated to the National Park
Service and to the Bureau of Land Management to carry out this Act
an amount not to exceed $36,000,000 over and above that provided in
fiscal year 1994 for additional administrative and construction
costs over the fiscal year 1995-1999 period, and $300,000,000 for
all land acquisition costs. No funds in excess of these amounts may
be used for construction, administration, or land acquisition
authorized under this Act without a specific authorization in an
Act of Congress enacted after October 31, 1994.
-SOURCE-
(Pub. L. 103-433, title IX, Sec. 901, Oct. 31, 1994, 108 Stat.
4508.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is defined in section 410aaa-1 of
this title.
-End-
-CITE-
16 USC SUBCHAPTER LIX-Z - NEW ORLEANS JAZZ NATIONAL
HISTORICAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Z - NEW ORLEANS JAZZ NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER LIX-Z - NEW ORLEANS JAZZ NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 410bbb 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Z - NEW ORLEANS JAZZ NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410bbb. Findings and purpose
-STATUTE-
(a) Findings
The Congress finds that:
(1) Jazz is the United States' most widely recognized
indigenous music and art form. Congress previously recognized
jazz in 1987 through Senate Concurrent Resolution 57 as a rare
and valuable national treasure of international importance.
(2) The city of New Orleans is widely recognized as the
birthplace of jazz. In and around this city, cultural and musical
elements blended to form the unique American music that is known
as New Orleans jazz, which is an expression of the cultural
diversity of the lower Mississippi Delta Region.
(3) Jean Lafitte National Historical Park and Preserve was
established to commemorate the cultural diversity of the lower
Mississippi Delta Region including a range of cultural
expressions like jazz.
(b) Purpose
In furtherance of the need to recognize the value and importance
of jazz, it is the purpose of this subchapter to establish a New
Orleans Jazz National Historical Park to preserve the origins,
early history, development and progression of jazz; provide
visitors with opportunities to experience the sights, sounds, and
places where jazz evolved; and implement innovative ways of
establishing jazz educational partnerships that will help to ensure
that jazz continues as a vital element of the culture of New
Orleans and our Nation.
-SOURCE-
(Pub. L. 103-433, title XII, Sec. 1202, Oct. 31, 1994, 108 Stat.
4519.)
-REFTEXT-
REFERENCES IN TEXT
Senate Concurrent Resolution 57, referred to in subsec. (a)(1),
probably means H. Con. Res. 57, Dec. 4, 1987, 101 Stat. 2013, which
is not classified to the Code.
-MISC1-
SHORT TITLE
Section 1201 of title XII of Pub. L. 103-433 provided that: "This
title [enacting this subchapter] may be cited as the 'New Orleans
Jazz National Historical Park Act of 1994'."
-End-
-CITE-
16 USC Sec. 410bbb-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Z - NEW ORLEANS JAZZ NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410bbb-1. Establishment
-STATUTE-
(a) In general
In order to assist in the preservation, education, and
interpretation of jazz as it has evolved in New Orleans, and to
provide technical assistance to a broad range of organizations
involved with jazz music and its history, there is hereby
established the New Orleans Jazz National Historical Park
(hereinafter referred to as the "historical park"). The historical
park shall be administered in conjunction with the Jean Lafitte
National Historical Park and Preserve, which was established to
preserve and interpret the cultural and natural resources of the
lower Mississippi Delta Region.
(b) Area included
The historical park shall consist of lands and interests therein
as follows:
(1) Lands which the Secretary of the Interior (hereinafter
referred to as "the Secretary") may designate for an interpretive
visitor center complex.
(2) Sites that are the subject of cooperative agreements with
the National Park Service for the purposes of interpretive
demonstrations and programs associated with the purposes of this
subchapter.
(3)(A) Sites designated by the Secretary as provided in
subparagraph (B).
(B)(i) No later than 18 months after October 31, 1994, the
Secretary is directed to complete a national historic landmark
evaluation of sites associated with jazz in and around New
Orleans as identified in the document entitled "New Orleans Jazz
Special Resource Study", prepared by the National Park Service
pursuant to Public Law 101-499. In undertaking the evaluation,
the Secretary shall, to the extent practicable, utilize existing
information relating to such sites.
(ii) If any of the sites evaluated are found to meet the
standards of the National Historic Landmark program and National
Park Service tests of suitability and feasibility, and offer
outstanding opportunities to further the purposes of this
subchapter, the Secretary may designate such sites as part of the
historical park, following consultation with the owners of such
sites, the city of New Orleans, the Smithsonian Institution, and
the New Orleans Jazz Commission, and notification 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.
-SOURCE-
(Pub. L. 103-433, title XII, Sec. 1203, Oct. 31, 1994, 108 Stat.
4520.)
-REFTEXT-
REFERENCES IN TEXT
Public Law 101-499, referred to in subsec. (b)(3)(B)(i), is Pub.
L. 101-499, Nov. 2, 1990, 104 Stat. 1209, which is not classified
to the Code.
-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410bbb-2, 410bbb-3,
410bbb-4, 410bbb-5 of this title.
-End-
-CITE-
16 USC Sec. 410bbb-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Z - NEW ORLEANS JAZZ NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410bbb-2. Administration
-STATUTE-
(a) In general
(1) The Secretary shall administer the historical park in
accordance with this subchapter and with provisions of law
generally applicable to units of the National Park System,
including sections 1, 2, 3, and 4 of this title and sections 461 to
467 of this title. The Secretary shall manage the historical park
in such a manner as will preserve and perpetuate knowledge and
understanding of the history of jazz and its continued evolution as
a true American art form.
(2) To minimize operational costs associated with the management
and administration of the historical park and to avoid duplication
of effort, the Secretary shall, to the maximum extent practicable,
utilize the facilities, administrative staff and other services of
the Jean Lafitte National Historical Park and Preserve.
(b) Donations
The Secretary may accept and retain donations of funds, property,
or services from individuals, foundations, corporations, or other
public entities for the purposes of providing services, programs,
and facilities that further the purposes of this subchapter.
(c) Interpretive center
The Secretary is authorized to construct, operate, and maintain
an interpretive center in the historical park on lands identified
by the Secretary pursuant to section 410bbb-1(b)(1) of this title.
Programs at the center shall include, but need not be limited to,
live jazz interpretive and educational programs, and shall provide
visitors with information about jazz-related programs,
performances, and opportunities.
(d) Jazz heritage districts
The Secretary may provide technical assistance to the city of New
Orleans and other appropriate entities for the designation of
certain areas in and around New Orleans as jazz heritage districts.
Such districts shall include those areas with an exceptional
concentration of jazz historical sites and established community
traditions of jazz street parades.
(e) Cooperative agreements, grants and technical assistance
In furtherance of the purposes of this subchapter -
(1) the Secretary, after consultation with the New Orleans Jazz
Commission established pursuant to section 410bbb-5 of this
title, is authorized to enter into cooperative agreements with
owners of properties that are designated pursuant to section
410bbb-1(b)(3) of this title which provide outstanding
educational and interpretive opportunities relating to the
evolution of jazz in New Orleans. The Secretary may assist in
rehabilitating, restoring, marking, and interpreting and may
provide technical assistance for the preservation and
interpretation of such properties. Such agreements shall contain,
but need not be limited to, provisions that the National Park
Service will have reasonable rights of access for operational and
visitor use needs, that rehabilitation and restoration will meet
the Secretary's standards for rehabilitation of historic
buildings, and that specify the roles and responsibilities of the
Secretary for each site or structure;
(2) the Secretary is authorized to enter into cooperative
agreements with the city of New Orleans, the State of Louisiana,
and other appropriate public and private organizations under
which the other parties to the agreement may contribute to the
acquisition, construction, operation, and maintenance of the
interpretive center and to the operation of educational and
interpretive programs to further the purposes of this subchapter;
and
(3) the Secretary, in consultation with the New Orleans Jazz
Commission, is authorized to provide grants or technical
assistance to public and private organizations.
(f) Jazz educational programs
The Secretary shall, in the administration of the historical
park, promote a broad range of educational activities relating to
jazz and its history. The Secretary shall cooperate with schools,
universities, and organizations supporting jazz education to
develop educational programs that provide expanded public
understanding of jazz and enhanced opportunities for public
appreciation. The Secretary may assist appropriate entities in the (continued)