Loading (50 kb)...'

(continued)
subparagraph (A), the Secretary may assist in the interpretation
and preservation of each of the following:
(i) The southwest corner of the State Pier.
(ii) Waterfront Park, immediately south of land adjacent to
the State Pier.
(iii) The Rotch-Jones-Duff House and Garden Museum, located
at 396 County Street.
(iv) The Wharfinger Building, located on Piers 3 and 4.
(v) The Bourne Counting House, located on Merrill's Wharf.
(d) Related facilities
To ensure that the contribution of Alaska Natives to the history
of whaling in the United States is fully recognized, the Secretary
shall provide -
(1) financial and other assistance to establish links between
the New Bedford Whaling National Historical Park and the North
Slope Borough Cultural Center, located in Barrow, Alaska; and
(2) appropriate assistance and funding for the North Slope
Borough Cultural Center.
(e) Administration of park
(1) In general
The park shall be administered by the Secretary in accordance
with this section and the provisions of law generally applicable
to units of the National Park System, including sections 1, 2, 3,
4, and 461 to 467 of this title.
(2) Cooperative agreements
(A) The Secretary may consult and enter into cooperative
agreements with interested entities and individuals to provide
for the preservation, development, interpretation, and use of the
park.
(B) Any payment made by the Secretary pursuant to a cooperative
agreement under this paragraph shall be subject to an agreement
that conversion, use, or disposal of the project so assisted for
purposes contrary to the purposes of this section, as determined
by the Secretary, shall result in a right of the United States to
reimbursement of all funds made available to such project or the
proportion of the increased value of the project attributable to
such funds as determined at the time of such conversion, use, or
disposal, whichever is greater.
(3) Non-Federal matching requirements
(A) Funds authorized to be appropriated to the Secretary for
the purposes of -
(i) cooperative agreements under paragraph (2) shall be
expended in the ratio of one dollar of Federal funds for each
four dollars of funds contributed by non-Federal sources; and
(ii) construction, restoration, and rehabilitation of
visitors and interpretive facilities (other than annual
operation and maintenance costs) shall be expended in the ratio
of one dollar of Federal funds for each one dollar of funds
contributed by non-Federal sources.

(B) For the purposes of this paragraph, the Secretary is
authorized to accept from non-Federal sources, and to utilize for
purposes of this section, any money so contributed. With the
approval of the Secretary, any donation of property, services, or
goods from a non-Federal source may be considered as a
contribution of funds from a non-Federal source for the purposes
of this paragraph.
(4) Acquisition of real property
For the purposes of the park, the Secretary may acquire only by
donation such lands, interests in lands, and improvements thereon
within the park as are needed for essential visitor contact and
interpretive facilities.
(5) Other property, funds, and services
The Secretary may accept donated funds, property, and services
to carry out this section.
(f) General management plan
Not later than the end of the second fiscal year beginning after
November 12, 1996, the Secretary shall submit to the Committee on
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a general management
plan for the park and shall implement such plan as soon as
practically possible. The plan shall be prepared in accordance with
section 1a-7(b) of this title and other applicable law.
(g) Authorization of appropriations
(1) In general
Except as provided in paragraph (2), there are authorized to be
appropriated such sums as may be necessary to carry out annual
operations and maintenance with respect to the park and to carry
out the activities under subsection (d) of this section.
(2) Exceptions
In carrying out this section -
(A) not more than $5,000,000 may be appropriated for
construction, restoration, and rehabilitation of visitor and
interpretive facilities, and directional and visitor
orientation signage;
(B) none of the funds authorized to be appropriated by this
section may be used for the operation or maintenance of the
Schooner Ernestina; and
(C) not more than $50,000 annually of Federal funds may be
used for interpretive and education programs for the Schooner
Ernestina pursuant to cooperative agreements under subsection
(e)(2) of this section.

-SOURCE-
(Pub. L. 104-333, div. I, title V, Sec. 511, Nov. 12, 1996, 110
Stat. 4159; Pub. L. 106-176, title I, Sec. 111(a), Mar. 10, 2000,
114 Stat. 26; Pub. L. 108-7, div. F, title I, Sec. 154, Feb. 20,
2003, 117 Stat. 246.)


-MISC1-
AMENDMENTS
2003 - Subsec. (g)(2)(A). Pub. L. 108-7 substituted "$5,000,000"
for "$2,000,000".
2000 - Pub. L. 106-176, Sec. 111(a)(1), substituted "Whaling
National Historical Park" for "National Historic Landmark District"
in section catchline.
Subsec. (c)(1). Pub. L. 106-176, Sec. 111(a)(2)(A), substituted
"certain districts, structures, and relics" for "certain districts
structures, and relics".
Subsec. (c)(2)(A)(i). Pub. L. 106-176, Sec. 111(a)(2)(B),
substituted "The area included within the New Bedford Historic
District (a National Landmark District), also known as the" for
"The area included with the New Bedford National Historic Landmark
District, known as the".
Subsec. (d)(2). Pub. L. 106-176, Sec. 111(a)(3), struck out "to
provide" before "appropriate assistance".
Subsecs. (e), (f). Pub. L. 106-176, Sec. 111(a)(4), redesignated
subsec. (e), relating to general management plan, as (f). Former
subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 106-176, Sec. 111(a)(4), redesignated
subsec. (f) as (g).
Subsec. (g)(1). Pub. L. 106-176, Sec. 111(a)(5)(A), substituted
"subsection (d) of this section." for "section 3(D)."
Subsec. (g)(2)(C). Pub. L. 106-176, Sec. 111(a)(5)(B),
substituted "cooperative agreements under subsection (e)(2) of this
section" for "cooperative grants under subsection (d)(2) of this
section".

-FOOTNOTE-


(!1) So in original. The word "and" probably should not appear.


-End-


-CITE-
16 USC SUBCHAPTER LIX-CC - ADAMS NATIONAL HISTORICAL PARK 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09CC - ADAMS NATIONAL HISTORICAL PARK

-HEAD-
SUBCHAPTER LIX-CC - ADAMS NATIONAL HISTORICAL PARK

-End-



-CITE-
16 USC Sec. 410eee 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09CC - ADAMS NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410eee. Findings and purposes

-STATUTE-
(a) Findings
Congress finds that -
(1) in 1946, Secretary of the Interior J.A. Krug, by means of
the authority granted the Secretary of the Interior under section
462 of this title, established the Adams Mansion National
Historic Site, located in Quincy, Massachusetts;
(2) in 1952, Acting Secretary of the Interior Vernon D.
Northrup enlarged the site and renamed it the Adams National
Historic Site, using the Secretary's authority as provided in
sections 461 to 467 of this title;
(3) in 1972, Congress, through Public Law 92-272, authorized
the Secretary of the Interior to add approximately 3.68 acres at
Adams National Historic Site;
(4) in 1978, Congress, through Public Law 95-625, authorized
the Secretary of the Interior to accept by conveyance the
birthplaces of John Adams and John Quincy Adams, both in Quincy,
Massachusetts, to be managed as part of the Adams National
Historic Site;
(5) in 1980, Congress, through Public Law 96-435, authorized
the Secretary of the Interior to accept the conveyance of the
United First Parish Church in Quincy, Massachusetts, the burial
place of John Adams, Abigail Adams, and John Quincy Adams and his
wife, to be administered as part of the Adams National Historic
Site;
(6) the actions taken by past Secretaries of the Interior and
past Congresses to preserve for the benefit, education and
inspiration of present and future generations of Americans the
home, property, birthplaces and burial site of John Adams, John
Quincy Adams, and Abigail Adams, have resulted in a multi-site
unit of the National Park System with no overarching enabling or
authorizing legislation; and
(7) that the sites and resources associated with John Adams,
second President of the United States, his wife Abigail Adams,
and John Quincy Adams, sixth President of the United States,
require recognition as a national historical park in the National
Park System.
(b) Purpose
The purpose of this subchapter is to establish the Adams National
Historical Park in the City of Quincy, in the Commonwealth of
Massachusetts, to preserve, maintain and interpret the home,
property, birthplaces, and burial site of John Adams and his wife
Abigail, John Quincy Adams, and subsequent generations of the Adams
family associated with the Adams property in Quincy, Massachusetts,
for the benefit, education and inspiration of present and future
generations of Americans.

-SOURCE-
(Pub. L. 105-342, Sec. 2, Nov. 2, 1998, 112 Stat. 3200.)

-REFTEXT-
REFERENCES IN TEXT
Public Law 92-272, referred to in subsec. (a)(3), is Pub. L.
92-272, Apr. 11, 1972, 86 Stat. 120. Provisions of Pub. L. 92-272
relating to Adams National Historic Site appear at 86 Stat. 121 and
are not classified to the Code.
Public Law 95-625, referred to in subsec. (a)(4), is Pub. L.
95-625, Nov. 10, 1978, 92 Stat. 3467, as amended. Provisions of
Pub. L. 95-625 relating to Adams National Historic Site appear at
92 Stat. 3479 and are not classified to the Code.
Public Law 96-435, referred to in subsec. (a)(5), is Pub. L.
96-435, Oct. 10, 1980, 94 Stat. 1861, which is not classified to
the Code.


-MISC1-
SHORT TITLE
Pub. L. 105-342, Sec. 1, Nov. 2, 1998, 112 Stat. 3200, provided
that: "This Act [enacting this subchapter] may be cited as the
'Adams National Historical Park Act of 1998'."

-End-



-CITE-
16 USC Sec. 410eee-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09CC - ADAMS NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410eee-1. Definitions

-STATUTE-
As used in this subchapter:
(1) Historical park
The term "historical park" means the Adams National Historical
Park established in section 410eee-2 of this title.
(2) Secretary
The term "Secretary" means the Secretary of the Interior.

-SOURCE-
(Pub. L. 105-342, Sec. 3, Nov. 2, 1998, 112 Stat. 3201.)

-End-



-CITE-
16 USC Sec. 410eee-2 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09CC - ADAMS NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410eee-2. Adams National Historical Park

-STATUTE-
(a) Establishment
In order to preserve for the benefit and inspiration of the
people of the United States as a national historical park certain
properties in Quincy, Massachusetts, associated with John Adams,
second President of the United States, his wife, Abigail Adams,
John Quincy Adams, sixth President of the United States, and his
wife, Louisa Adams, there is established the Adams National
Historical Park as a unit of the National Park System.
(b) Boundaries
The historical park shall be comprised of the following:
(1) All property administered by the National Park Service in
the Adams National Historic Site as of November 2, 1998, as well
as all property previously authorized to be acquired by the
Secretary for inclusion in the Adams National Historic Site, as
generally depicted on the map entitled "Adams National Historical
Park", numbered NERO 386/80,000, and dated April 1998.
(2) All property authorized to be acquired for inclusion in the
historical park by this subchapter or other law enacted after
November 2, 1998.
(c) Visitor and administrative sites
To preserve the historical character and landscape of the main
features of the historical park, the Secretary may acquire up to 10
acres for the development of visitor, administrative, museum,
curatorial, and maintenance facilities adjacent to or in the
general proximity of the property depicted on the map identified in
subsection (b)(1)(A) (!1) of this section.

(d) Map
The map of the historical park shall be on file and available for
public inspection in the appropriate offices of the National Park
Service.

-SOURCE-
(Pub. L. 105-342, Sec. 4, Nov. 2, 1998, 112 Stat. 3201.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410eee-1 of this title.

-FOOTNOTE-
(!1) So in original. Probably should be subsection "(b)(1)".


-End-



-CITE-
16 USC Sec. 410eee-3 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09CC - ADAMS NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410eee-3. Administration

-STATUTE-
(a) In general
The park shall be administered by the Secretary in accordance
with this section and the provisions of law generally applicable to
units of the National Park System, including sections 1, 2, 3, 4,
and 461 to 467 of this title.
(b) Cooperative agreements
(1) The Secretary may consult and enter into cooperative
agreements with interested entities and individuals to provide for
the preservation, development, interpretation, and use of the park.
(2) Any payment made by the Secretary pursuant to a cooperative
agreement under this paragraph shall be subject to an agreement
that conversion, use, or disposal of the project so assisted for
purposes contrary to the purposes of this subchapter, as determined
by the Secretary, shall result in a right of the United States to
reimbursement of all funds made available to such a project or the
proportion of the increased value of the project attributable to
such funds as determined at the time of such conversion, use, or
disposal, whichever is greater.
(c) Acquisition of real property
For the purposes of the park, the Secretary is authorized to
acquire real property with appropriated or donated funds, by
donation, or by exchange, within the boundaries of the park.
(d) Omitted
(e) References to historic site
Any reference in any law (other than this subchapter),
regulation, document, record, map, or other paper of the United
States to the Adams National Historic Site shall be considered to
be a reference to the historical park.

-SOURCE-
(Pub. L. 105-342, Sec. 5, Nov. 2, 1998, 112 Stat. 3201.)

-COD-
CODIFICATION
Section is comprised of section 5 of Pub. L. 105-342. Subsec. (d)
of section 5 of Pub. L. 105-342 amended section 312 of Pub. L.
95-625 and the first section of Pub. L. 96-435, which are not
classified to the Code.

-End-



-CITE-
16 USC Sec. 410eee-4 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09CC - ADAMS NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410eee-4. Authorization of appropriations

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

-SOURCE-
(Pub. L. 105-342, Sec. 6, Nov. 2, 1998, 112 Stat. 3202.)

-End-


-CITE-
16 USC SUBCHAPTER LIX-DD - BLACK CANYON OF THE GUNNISON
NATIONAL PARK AND GUNNISON GORGE NATIONAL
CONSERVATION AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09DD - BLACK CANYON OF THE GUNNISON NATIONAL PARK AND
GUNNISON GORGE NATIONAL CONSERVATION AREA

-HEAD-
SUBCHAPTER LIX-DD - BLACK CANYON OF THE GUNNISON NATIONAL PARK AND
GUNNISON GORGE NATIONAL CONSERVATION AREA

-End-



-CITE-
16 USC Sec. 410fff 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09DD - BLACK CANYON OF THE GUNNISON NATIONAL PARK AND
GUNNISON GORGE NATIONAL CONSERVATION AREA

-HEAD-
Sec. 410fff. Findings

-STATUTE-
Congress finds that -
(1) Black Canyon of the Gunnison National Monument was
established for the preservation of its spectacular gorges and
additional features of scenic, scientific, and educational
interest;
(2) the Black Canyon of the Gunnison and adjacent upland
include a variety of unique ecological, geological, scenic,
historical, and wildlife components enhanced by the serenity and
rural western setting of the area;
(3) the Black Canyon of the Gunnison and adjacent land provide
extensive opportunities for educational and recreational
activities, and are publicly used for hiking, camping, and
fishing, and for wilderness value, including solitude;
(4) adjacent public land downstream of the Black Canyon of the
Gunnison National Monument has wilderness value and offers unique
geological, paleontological, scientific, educational, and
recreational resources;
(5) public land adjacent to the Black Canyon of the Gunnison
National Monument contributes to the protection of the wildlife,
viewshed, and scenic qualities of the Black Canyon;
(6) some private land adjacent to the Black Canyon of the
Gunnison National Monument has exceptional natural and scenic
value that would be threatened by future development pressures;
(7) the benefits of designating public and private land
surrounding the national monument as a national park include
greater long-term protection of the resources and expanded
visitor use opportunities; and
(8) land in and adjacent to the Black Canyon of the Gunnison
Gorge is -
(A) recognized for offering exceptional multiple use
opportunities;
(B) recognized for offering natural, cultural, scenic,
wilderness, and recreational resources; and
(C) worthy of additional protection as a national
conservation area, and with respect to the Gunnison Gorge
itself, as a component of the national wilderness system.

-SOURCE-
(Pub. L. 106-76, Sec. 2, Oct. 21, 1999, 113 Stat. 1126.)


-MISC1-
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108-128, Sec. 1, Nov. 17, 2003, 117 Stat. 1355, provided
that: "This Act [amending sections 410fff-2, 410fff-3, and 410fff-5
of this title and enacting provisions set out as notes under
section 410fff-2 of this title] may be cited as the 'Black Canyon
of the Gunnison Boundary Revision Act of 2003'."

SHORT TITLE
Pub. L. 106-76, Sec. 1, Oct. 21, 1999, 113 Stat. 1126, provided
that: "This Act [enacting this subchapter and amending provisions
listed in a table of National Monuments Established Under
Presidential Proclamation set out under section 431 of this title
and provisions listed in a table of Wilderness Areas set out under
section 1132 of this title] may be cited as the 'Black Canyon of
the Gunnison National Park and Gunnison Gorge National Conservation
Area Act of 1999'."

-End-



-CITE-
16 USC Sec. 410fff-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09DD - BLACK CANYON OF THE GUNNISON NATIONAL PARK AND
GUNNISON GORGE NATIONAL CONSERVATION AREA

-HEAD-
Sec. 410fff-1. Definitions

-STATUTE-
In this subchapter:
(1) Conservation Area
The term "Conservation Area" means the Gunnison Gorge National
Conservation Area, consisting of approximately 57,725 acres
surrounding the Gunnison Gorge as depicted on the Map.
(2) Map
The term "Map" means the map entitled "Black Canyon of the
Gunnison National Park and Gunnison Gorge NCA - 1/22/99". The map
shall be on file and available for public inspection in the
offices of the Department of the Interior.
(3) Park
The term "Park" means the Black Canyon of the Gunnison National
Park established under section 410fff-2 of this title and
depicted on the Map.
(4) Secretary
The term "Secretary" means the Secretary of the Interior.

-SOURCE-
(Pub. L. 106-76, Sec. 3, Oct. 21, 1999, 113 Stat. 1127.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410fff-2 of this title.

-End-



-CITE-
16 USC Sec. 410fff-2 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09DD - BLACK CANYON OF THE GUNNISON NATIONAL PARK AND
GUNNISON GORGE NATIONAL CONSERVATION AREA

-HEAD-
Sec. 410fff-2. Establishment of Black Canyon of the Gunnison
National Park

-STATUTE-
(a) Establishment
(1) There is hereby established the Black Canyon of the Gunnison
National Park in the State of Colorado as generally depicted on the
map identified in section 410fff-1 of this title. The Black Canyon
of the Gunnison National Monument is hereby abolished as such, the
lands and interests therein are incorporated within and made part
of the new Black Canyon of the Gunnison National Park, and any
funds available for purposes of the monument shall be available for
purposes of the park.
(2) The boundary of the Park is revised to include the addition
of approximately 2,530 acres, as generally depicted on the map
entitled "Black Canyon of the Gunnison National Park and Gunnison
Gorge NCA Boundary Modifications" and dated April 2, 2003.
(b) Administration
Upon enactment of this subchapter, the Secretary shall transfer
the lands under the jurisdiction of the Bureau of Land Management
which are identified on the map for inclusion in the park to the
administrative jurisdiction of the National Park Service. The
Secretary shall administer the park in accordance with this
subchapter and laws generally applicable to units of the National
Park System, including sections 1, 2, 3, 4, and 461 to 467 of this
title.
(c) Maps and legal description
As soon as practicable after October 21, 1999, the Secretary
shall file maps and a legal description of the park with the
Committee on Energy and Natural Resources of the United States
Senate and the Committee on 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 subchapter, 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.
(d) Withdrawal
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 mining laws; and from disposition under all laws
relating to mineral and geothermal leasing, and all amendments
thereto.
(e) Grazing
(1)(A) Consistent with the requirements of this subsection,
including the limitation in paragraph (3), the Secretary shall
allow the grazing of livestock within the park to continue where
authorized under permits or leases in existence as of October 21,
1999. Grazing shall be at no more than the current level, and
subject to applicable laws and National Park Service regulations.
(B) Nothing in this subsection shall be construed as extending
grazing privileges for any party or their assignee in any area of
the park where, prior to October 21, 1999, such use was scheduled
to expire according to the terms of a settlement by the United
States Claims Court affecting property incorporated into the
boundary of the Black Canyon of the Gunnison National Monument.
(C) Nothing in this subsection shall prohibit the Secretary from
accepting the voluntary termination of leases or permits for
grazing within the park.
(D) If land within the Park on which the grazing of livestock is
authorized under permits or leases under subparagraph (A) is
exchanged for private land under section 410fff-3(a) of this title,
the Secretary shall transfer any grazing privileges to the land
acquired in the exchange.
(2) Within areas of the park designated as wilderness, the
grazing of livestock, where authorized under permits in existence
as of October 21, 1999, shall be permitted to continue subject to
such reasonable regulations, policies, and practices as the
Secretary deems necessary, consistent with this subchapter, the
Wilderness Act [16 U.S.C. 1131 et seq.], and other applicable laws
and National Park Service regulations.
(3) With respect to the grazing permits and leases referenced in
this subsection, the Secretary shall allow grazing to continue,
subject to periodic renewal -
(A) with respect to a permit or lease issued to an individual,
for the lifetime of the individual who was the holder of the
permit or lease on October 21, 1999;
(B) with respect to the permit or lease issued to LeValley
Ranch Ltd., for the lifetime of the last surviving limited
partner as of October 21, 1999;
(C) with respect to the permit or lease issued to Sanburg
Herefords, L.L.P., for the lifetime of the last surviving general
partner as of October 21, 1999; and
(D) with respect to a permit or lease issued to a corporation
or other legal entity, for a period which shall terminate on the
same date that the last permit or lease held under subparagraphs
(A), (B), or (C) terminates, unless the corporation or legal
entity dissolves or terminates before such time, in which case
the permit or lease shall terminate with the corporation or legal
entity.

-SOURCE-
(Pub. L. 106-76, Sec. 4, Oct. 21, 1999, 113 Stat. 1127; Pub. L.
108-128, Secs. 2(a), 4, Nov. 17, 2003, 117 Stat. 1355, 1356.)

-REFTEXT-
REFERENCES IN TEXT
Upon enactment of this subchapter, referred to in subsec. (b),
was in the original "upon enactment of this title", which was
translated as reading "upon enactment of this act", meaning upon
enactment of Pub. L. 106-76, which was approved Oct. 21, 1999, to
reflect the probable intent of Congress.
The public land laws, referred to in subsec. (d), are classified
generally to Title 43, Public Lands.
The mining laws and the mineral leasing laws, referred to in
subsec. (d), are classified generally to Title 30, Mineral Lands
and Mining.
Geothermal leasing laws, referred to in subsec. (d), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title
30, Mineral Lands and Mining.
The Wilderness Act, referred to in subsec. (e)(2), 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.

-COD-
CODIFICATION
Section 4 of Pub. L. 108-128, which directed the amendment of
section 4 of the "Black Canyon of the Gunnison National Park and
Gunnison Gorge National Area Act of 1999", was executed to this
section, which is section 4 of the Black Canyon of the Gunnison
National Park and Gunnison Gorge National Conservation Area Act of
1999, to reflect the probable intent of Congress. See 2003
Amendment notes below.


-MISC1-
AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-128, Sec. 2(a), designated
existing provisions as par. (1) and added par. (2).
Subsec. (e)(1)(D). Pub. L. 108-128, Sec. 4(a), added subpar. (D).
See Codification note above.
Subsec. (e)(3). Pub. L. 108-128, Sec. 4(b), added subpars. (B)
and (C), redesignated former subpar. (B) as (D), and, in subpar.
(D), substituted "corporation or" for "partnership, corporation,
or" in three places and "subparagraphs (A), (B), or (C)" for
"subparagraph (A)". See Codification note above.

TRANSFER OF ADMINISTRATIVE JURISDICTION
Pub. L. 108-128, Sec. 2(b), Nov. 17, 2003, 117 Stat. 1355,
provided that: "On the date of enactment of this Act [Nov. 17,
2003], the Secretary shall transfer the land under the jurisdiction
of the Bureau of Land Management identified as 'Tract C' on the map
described in subsection (a)(2) [amending this section] to the
administrative jurisdiction of the National Park Service for
inclusion in the Black Canyon of the Gunnison National Park."

ACCESS TO WATER DELIVERY FACILITIES
Pub. L. 108-128, Sec. 5, Nov. 17, 2003, 117 Stat. 1357, provided
that: "The Commissioner of Reclamation shall retain administrative
jurisdiction over the Crystal Dam Access Road and land, facilities,
and roads of the Bureau of Reclamation in the East Portal area,
including the Gunnison Tunnel, and the Crystal Dam area, as
depicted on the map entitled 'Black Canyon of the Gunnison National
Park and Gunnison Gorge NCA Boundary Modifications', and dated
April 2, 2003, for the maintenance, repair, construction,
replacement, and operation of any facilities relating to the
delivery of water and power under the jurisdiction of the Bureau of
Reclamation."

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

-End-



-CITE-
16 USC Sec. 410fff-3 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09DD - BLACK CANYON OF THE GUNNISON NATIONAL PARK AND
GUNNISON GORGE NATIONAL CONSERVATION AREA

-HEAD-
Sec. 410fff-3. Acquisition of property and minor boundary
adjustments

-STATUTE-
(a) Additional acquisitions
(1) In general
The Secretary may acquire land or interests in land depicted on
the Map or the map described in section 410fff-2(a)(2) of this
title as proposed additions.
(2) Method of acquisition
(A) In general
Land or interests in land may be acquired by -
(i) donation;
(ii) transfer;
(iii) purchase with donated or appropriated funds; or
(iv) exchange.
(B) Consent
No land or interest in land may be acquired without the
consent of the owner of the land.
(b) Boundary revision
After acquiring land for the Park, the Secretary shall -
(1) revise the boundary of the Park to include newly-acquired
land within the boundary; and
(2) administer newly-acquired land subject to applicable laws
(including regulations).
(c) Boundary survey
As soon as practicable and subject to the availability of funds
the Secretary shall complete an official boundary survey of the
Park.
(d) Hunting on privately owned lands
(1) In general
The Secretary may permit hunting on privately owned land added
to the Park under this subchapter, subject to limitations,
conditions, or regulations that may be prescribed by the
Secretary.
(2) Termination of authority
On the date that the Secretary acquires fee ownership of any
privately owned land added to the Park under this subchapter, the
authority under paragraph (1) shall terminate with respect to the
privately owned land acquired.

-SOURCE-
(Pub. L. 106-76, Sec. 5, Oct. 21, 1999, 113 Stat. 1128; Pub. L.
108-128, Sec. 2(c), Nov. 17, 2003, 117 Stat. 1355.)


-MISC1-
AMENDMENTS
2003 - Subsec. (a)(1). Pub. L. 108-128 substituted "Map or the
map described in section 410fff-2(a)(2) of this title" for "Map".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410fff-2 of this title.

-End-



-CITE-
16 USC Sec. 410fff-4 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09DD - BLACK CANYON OF THE GUNNISON NATIONAL PARK AND
GUNNISON GORGE NATIONAL CONSERVATION AREA

-HEAD-
Sec. 410fff-4. Expansion of the Black Canyon of the Gunnison
Wilderness

-STATUTE-
(a) Expansion of Black Canyon of the Gunnison Wilderness
The Black Canyon of the Gunnison Wilderness, as established by
subsection (b) of the first section of Public Law 94-567 (90 Stat.
2692), is expanded to include the parcel of land depicted on the
Map as "Tract A" and consisting of approximately 4,419 acres.
(b) Administration
The Black Canyon of the Gunnison Wilderness shall be administered
as a component of the Park.

-SOURCE-
(Pub. L. 106-76, Sec. 6, Oct. 21, 1999, 113 Stat. 1129.)

-REFTEXT-
REFERENCES IN TEXT
Subsection (b) of the first section of Public Law 94-567,
referred to in subsec. (a), is Pub. L. 94-567, Sec. 1(b), Oct. 20,
1976, 90 Stat. 2692, which enacted provisions listed in a table of
Wilderness Areas set out under section 1132 of this title.

-End-



-CITE-
16 USC Sec. 410fff-5 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09DD - BLACK CANYON OF THE GUNNISON NATIONAL PARK AND
GUNNISON GORGE NATIONAL CONSERVATION AREA

-HEAD-
Sec. 410fff-5. Establishment of the Gunnison Gorge National
Conservation Area

-STATUTE-
(a) In general
(1) There is established the Gunnison Gorge National Conservation
Area, consisting of approximately 57,725 acres as generally
depicted on the Map.
(2) The boundary of the Conservation Area is revised to include
the addition of approximately 7,100 acres, as generally depicted on
the map entitled "Black Canyon of the Gunnison National Park and
Gunnison Gorge NCA Boundary Modifications", and dated April 2,
2003.
(b) Management of Conservation Area
The Secretary, acting through the Director of the Bureau of Land
Management, shall manage the Conservation Area to protect the
resources of the Conservation Area in accordance with -
(1) this subchapter;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) other applicable provisions of law.
(c) Withdrawal
Subject to valid existing rights, all Federal lands within the
Conservation Area are hereby withdrawn from all forms of entry,
appropriation or disposal under the public land laws; from
location, entry, and patent under the mining laws; and from
disposition under all laws relating to mineral and geothermal
leasing, and all amendments thereto.
(d) Hunting, trapping, and fishing
(1) In general
The Secretary shall permit hunting, trapping, and fishing
within the Conservation Area in accordance with applicable laws
(including regulations) of the United States and the State of
Colorado.
(2) Exception
The Secretary, after consultation with the Colorado Division of
Wildlife, may issue regulations designating zones where and
establishing periods when no hunting or trapping shall be
permitted for reasons concerning -
(A) public safety;
(B) administration; or
(C) public use and enjoyment.
(e) Use of motorized vehicles
In addition to the use of motorized vehicles on established
roadways, the use of motorized vehicles in the Conservation Area
shall be allowed to the extent the use is compatible with
off-highway vehicle designations as described in the management
plan in effect on October 21, 1999.
(f) Conservation Area management plan
(1) In general
Not later than 4 years after October 21, 1999, the Secretary
shall -
(A) develop a comprehensive plan for the long-range
protection and management of the Conservation Area; and
(B) transmit the plan to -
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Resources of the House of
Representatives.
(2) Contents of plan
The plan -
(A) shall describe the appropriate uses and management of the
Conservation Area in accordance with this subchapter;
(B) may incorporate appropriate decisions contained in any
management or activity plan for the area completed prior to
October 21, 1999;
(C) may incorporate appropriate wildlife habitat management
plans or other plans prepared for the land within or adjacent
to the Conservation Area prior to October 21, 1999;
(D) shall be prepared in close consultation with appropriate
Federal, State, county, and local agencies; and
(E) may use information developed prior to October 21, 1999,
in studies of the land within or adjacent to the Conservation
Area.
(g) Boundary revisions
The Secretary may make revisions to the boundary of the
Conservation Area following acquisition of land necessary to
accomplish the purposes for which the Conservation Area was
designated.

-SOURCE-
(Pub. L. 106-76, Sec. 7, Oct. 21, 1999, 113 Stat. 1129; Pub. L.
108-128, Sec. 3, Nov. 17, 2003, 117 Stat. 1356.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (b)(2), 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 public land laws, referred to in subsec. (c), are classified
generally to Title 43, Public Lands.
The mining laws and the mineral leasing laws, referred to in
subsec. (c), are classified generally to Title 30, Mineral Lands
and Mining.
Geothermal leasing laws, referred to in subsec. (c), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title
30, Mineral Lands and Mining.


-MISC1-
AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-128 designated existing
provisions as par. (1) and added par. (2).

-End-



-CITE-
16 USC Sec. 410fff-6 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09DD - BLACK CANYON OF THE GUNNISON NATIONAL PARK AND
GUNNISON GORGE NATIONAL CONSERVATION AREA

-HEAD-
Sec. 410fff-6. Designation of wilderness within the Conservation
Area

-STATUTE-
(a) Gunnison Gorge Wilderness
(1) In general
Within the Conservation Area, there is designated as
wilderness, and as a component of the National Wilderness
Preservation System, the Gunnison Gorge Wilderness, consisting of
approximately 17,700 acres, as generally depicted on the Map.
(2) Administration
(A) Wilderness study area exemption
The approximately 300-acre portion of the wilderness study
area depicted on the Map for release from section 1782 of title
43 shall not be subject to section 1782(c) of title 43.
(B) Incorporation into national Conservation Area
The portion of the wilderness study area described in
subparagraph (A) shall be incorporated into the Conservation
Area.
(b) Administration
Subject to valid rights in existence on October 21, 1999, the
wilderness areas designated under this subchapter shall be
administered by the Secretary in accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.) except that any reference in such
provisions to the effective date of the Wilderness Act shall be
deemed to be a reference to the effective date of this subchapter
and any reference to the Secretary of Agriculture shall be deemed
to be a reference to the Secretary of the Interior.
(c) State responsibility
As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C.
1133(d)(7)), nothing in this subchapter or in the Wilderness Act
shall affect the jurisdiction or responsibilities of the State of
Colorado with respect to wildlife and fish on the public land
located in that State.
(d) Maps and legal descriptions
As soon as practicable after October 21, 1999, the Secretary of
the Interior shall file a map and a legal description of the
Gunnison Gorge Wilderness with the Committee on Energy and Natural
Resources of the United States Senate and the Committee on
Resources of the United States House of Representatives. This map
and description shall have the same force and effect as if included
in this subchapter. The Secretary of the Interior may correct
clerical and typographical errors in the map and legal description.
The map and legal description shall be on file and available in the
office of the Director of the Bureau of Land Management (BLM).

-SOURCE-
(Pub. L. 106-76, Sec. 8, Oct. 21, 1999, 113 Stat. 1130.)

-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act, referred to in subsecs. (b) and (c), is Pub.
L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (Sec. 1131 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1131 of this title and
Tables.
The effective date of the Wilderness Act, referred to in subsec.
(b), means Sept. 3, 1964, the date of enactment of Pub. L. 88-577,
which enacted chapter 23 of this title.
The effective date of this subchapter, referred to in subsec.
(b), means Oct. 21, 1999, the date of enactment of Pub. L. 106-76,
which enacted this subchapter.

-End-



-CITE-
16 USC Sec. 410fff-7 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09DD - BLACK CANYON OF THE GUNNISON NATIONAL PARK AND
GUNNISON GORGE NATIONAL CONSERVATION AREA

-HEAD-
Sec. 410fff-7. Withdrawal

-STATUTE-
Subject to valid existing rights, the Federal lands identified on
the Map as "BLM Withdrawal (Tract B)" (comprising approximately
1,154 acres) are hereby withdrawn from all forms of entry,
appropriation or disposal under the public land laws; from
location, entry, and patent under the mining laws; and from
disposition under all laws relating to mineral and geothermal
leasing, and all amendments thereto.

-SOURCE-
(Pub. L. 106-76, Sec. 9, Oct. 21, 1999, 113 Stat. 1131.)

-REFTEXT-
REFERENCES IN TEXT
The public land laws, referred to in text, are classified
generally to Title 43, Public Lands.
The 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, Mineral
Lands and Mining.

-End-



-CITE-
16 USC Sec. 410fff-8 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09DD - BLACK CANYON OF THE GUNNISON NATIONAL PARK AND
GUNNISON GORGE NATIONAL CONSERVATION AREA

-HEAD-
Sec. 410fff-8. Water rights

-STATUTE-
(a) Effect on water rights
Nothing in this subchapter shall -
(1) constitute an express or implied reservation of water for
any purpose; or
(2) affect any water rights in existence prior to October 21,
1999, including any water rights held by the United States.
(b) Additional water rights
Any new water right that the Secretary determines is necessary
for the purposes of this subchapter shall be established in
accordance with the procedural and substantive requirements of the
laws of the State of Colorado.

-SOURCE-
(Pub. L. 106-76, Sec. 10, Oct. 21, 1999, 113 Stat. 1131.)

-End-



-CITE-
16 USC Sec. 410fff-9 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09DD - BLACK CANYON OF THE GUNNISON NATIONAL PARK AND
GUNNISON GORGE NATIONAL CONSERVATION AREA

-HEAD-
Sec. 410fff-9. Study of lands within and adjacent to Curecanti
National Recreation Area

-STATUTE-
(a) In general
Not later than 3 years after October 21, 1999, the Secretary,
acting through the Director of the National Park Service, shall
conduct a study concerning land protection and open space within
and adjacent to the area administered as the Curecanti National
Recreation Area.
(b) Purpose of study
The study required to be completed under subsection (a) of this
section shall -
(1) assess the natural, cultural, recreational and scenic
resource value and character of the land within and surrounding
the Curecanti National Recreation Area (including open vistas,
wildlife habitat, and other public benefits);
(2) identify practicable alternatives that protect the resource
value and character of the land within and surrounding the
Curecanti National Recreation Area;
(3) recommend a variety of economically feasible and viable
tools to achieve the purposes described in paragraphs (1) and
(2); and
(4) estimate the costs of implementing the approaches
recommended by the study.
(c) Submission of report
Not later than 3 years from October 21, 1999, the Secretary shall
submit a report to Congress that -
(1) contains the findings of the study required by subsection
(a) of this section;
(2) makes recommendations to Congress with respect to the
findings of the study required by subsection (a) of this section;
and(3) makes recommendations to Congress regarding action that may (continued)