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(continued)
be taken with respect to the land described in the report.
(d) Acquisition of additional land and interests in land
(1) In general
Prior to the completion of the study required by subsection (a)
of this section, the Secretary may acquire certain private land
or interests in land as depicted on the Map entitled "Proposed
Additions to the Curecanti National Recreation Area", dated
01/25/99, totaling approximately 1,065 acres and entitled "Hall
and Fitti properties".
(2) Method of acquisition
(A) In general
Land or an interest in land under paragraph (1) may be
acquired by -
(i) donation;
(ii) purchase with donated or appropriated funds; or
(iii) exchange.
(B) Consent
No land or interest in land may be acquired without the
consent of the owner of the land.
(C) Boundary revisions following acquisition
Following the acquisition of land under paragraph (1), the
Secretary shall -
(i) revise the boundary of the Curecanti National
Recreation Area to include newly-acquired land; and
(ii) administer newly-acquired land according to applicable
laws (including regulations).
-SOURCE-
(Pub. L. 106-76, Sec. 11, Oct. 21, 1999, 113 Stat. 1131.)
-End-
-CITE-
16 USC Sec. 410fff-10 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-10. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated such sums as are
necessary to carry out this subchapter.
-SOURCE-
(Pub. L. 106-76, Sec. 12, Oct. 21, 1999, 113 Stat. 1133.)
-End-
-CITE-
16 USC SUBCHAPTER LIX-EE - ROSIE THE RIVETER/WORLD WAR II
HOME FRONT NATIONAL HISTORICAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09EE - ROSIE THE RIVETER/WORLD WAR II HOME FRONT
NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER LIX-EE - ROSIE THE RIVETER/WORLD WAR II HOME FRONT
NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 410ggg 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09EE - ROSIE THE RIVETER/WORLD WAR II HOME FRONT
NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410ggg. Rosie the Riveter/World War II Home Front 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
sites, structures, and areas located in Richmond, California, that
are associated with the industrial, governmental, and citizen
efforts that led to victory in World War II, there is established
the Rosie the Riveter/World War II Home Front National Historical
Park (in this subchapter referred to as the "park").
(b) Areas included
The boundaries of the park shall be those generally depicted on
the map entitled "Proposed Boundary Map, Rosie the Riveter/World
War II Home Front National Historical Park" numbered 963/80000 and
dated May 2000. The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
-SOURCE-
(Pub. L. 106-352, Sec. 2, Oct. 24, 2000, 114 Stat. 1370.)
-MISC1-
SHORT TITLE
Pub. L. 106-352, Sec. 1, Oct. 24, 2000, 114 Stat. 1370, provided
that: "This Act [enacting this subchapter] may be cited as the
'Rosie the Riveter/World War II Home Front National Historical Park
Establishment Act of 2000'."
-End-
-CITE-
16 USC Sec. 410ggg-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09EE - ROSIE THE RIVETER/WORLD WAR II HOME FRONT
NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410ggg-1. Administration of the National Historical Park
-STATUTE-
(a) In general
(1) General administration
The Secretary of the Interior (in this subchapter referred to
as the "Secretary") shall administer the park in accordance with
this subchapter and the 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.
(2) Specific authorities
The Secretary may interpret the story of Rosie the Riveter and
the World War II home front, conduct and maintain oral histories
that relate to the World War II home front theme, and provide
technical assistance in the preservation of historic properties
that support this story.
(b) Cooperative agreements
(1) General agreements
The Secretary may enter into cooperative agreements with the
owners of the World War II Child Development Centers, the World
War II worker housing, the Kaiser-Permanente Field Hospital, and
Fire Station 67A, pursuant to which the Secretary may mark,
interpret, improve, restore, and provide technical assistance
with respect to the preservation and interpretation of such
properties. Such agreements shall contain, but need not be
limited to, provisions under which the Secretary shall have the
right of access at reasonable times to public portions of the
property for interpretive and other purposes, and that no changes
or alterations shall be made in the property except by mutual
agreement.
(2) Limited agreements
The Secretary may consult and enter into cooperative agreements
with interested persons for interpretation and technical
assistance with the preservation of -
(A) the Ford Assembly Building;
(B) the intact dry docks/basin docks and five historic
structures at Richmond Shipyard #3;
(C) the Shimada Peace Memorial Park;
(D) Westshore Park;
(E) the Rosie the Riveter Memorial;
(F) Sheridan Observation Point Park;
(G) the Bay Trail/Esplanade;
(H) Vincent Park; and
(I) the vessel S.S. RED OAK VICTORY, and Whirley Cranes
associated with shipbuilding in Richmond.
(c) Education center
The Secretary may establish a World War II Home Front Education
Center in the Ford Assembly Building. Such center shall include a
program that allows for distance learning and linkages to other
representative sites across the country, for the purpose of
educating the public as to the significance of the site and the
World War II Home Front.
(d) Use of Federal funds
(1) Non-Federal matching
(A) As a condition of expending any funds appropriated to the
Secretary for the purposes of the cooperative agreements under
subsection (b)(2) of this section, the Secretary shall require
that such expenditure must be matched by expenditure of an equal
amount of funds, goods, services, or in-kind contributions
provided by non-Federal sources.
(B) 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 purposes of this paragraph.
(2) Cooperative agreement
Any payment made by the Secretary pursuant to a cooperative
agreement under this section 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 entitle the United States to
reimbursement of the greater of -
(A) all funds paid by the Secretary to such project; or
(B) the proportion of the increased value of the project
attributable to such payments, determined at the time of such
conversion, use, or disposal.
(e) Acquisition
(1) Ford Assembly Building
The Secretary may acquire a leasehold interest in the Ford
Assembly Building for the purposes of operating a World War II
Home Front Education Center.
(2) Other facilities
The Secretary may acquire, from willing sellers, lands or
interests in the World War II day care centers, the World War II
worker housing, the Kaiser-Permanente Field Hospital, and Fire
Station 67, through donation, purchase with donated or
appropriated funds, transfer from any other Federal agency, or
exchange.
(3) Artifacts
The Secretary may acquire and provide for the curation of
historic artifacts that relate to the park.
(f) Donations
The Secretary may accept and use donations of funds, property,
and services to carry out this subchapter.
(g) General management plan
(1) In general
Not later than 3 complete fiscal years after the date funds are
made available, the Secretary shall prepare, in consultation with
the City of Richmond, California, and transmit 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 in accordance with the provisions of section
1a-7(b) of this title and other applicable law.
(2) Preservation of setting
The general management plan shall include a plan to preserve
the historic setting of the Rosie the Riveter/World War II Home
Front National Historical Park, which shall be jointly developed
and approved by the City of Richmond.
(3) Additional sites
The general management plan shall include a determination of
whether there are additional representative sites in Richmond
that should be added to the park or sites in the rest of the
United States that relate to the industrial, governmental, and
citizen efforts during World War II that should be linked to and
interpreted at the park. Such determination shall consider any
information or findings developed in the National Park Service
study of the World War II Home Front under section 410ggg-2 of
this title.
-SOURCE-
(Pub. L. 106-352, Sec. 3, Oct. 24, 2000, 114 Stat. 1370.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410ggg-3 of this title.
-End-
-CITE-
16 USC Sec. 410ggg-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09EE - ROSIE THE RIVETER/WORLD WAR II HOME FRONT
NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410ggg-2. World War II home front study
-STATUTE-
The Secretary shall conduct a theme study of the World War II
home front to determine whether other sites in the United States
meet the criteria for potential inclusion in the National Park
System in accordance with section 1a-5 of this title.
-SOURCE-
(Pub. L. 106-352, Sec. 4, Oct. 24, 2000, 114 Stat. 1372.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410ggg-1 of this title.
-End-
-CITE-
16 USC Sec. 410ggg-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09EE - ROSIE THE RIVETER/WORLD WAR II HOME FRONT
NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410ggg-3. Authorization of appropriations
-STATUTE-
(a) In general
(1) Oral histories, preservation, and visitor services
There are authorized to be appropriated such sums as may be
necessary to conduct oral histories and to carry out the
preservation, interpretation, education, and other essential
visitor services provided for by this subchapter.
(2) Artifacts
There are authorized to be appropriated $1,000,000 for the
acquisition and curation of historical artifacts related to the
park.
(b) Property acquisition
There are authorized to be appropriated such sums as are
necessary to acquire the properties listed in section
410ggg-1(e)(2) of this title.
(c) Limitation on use of funds for S.S. RED OAK VICTORY
None of the funds authorized to be appropriated by this section
may be used for the operation, maintenance, or preservation of the
vessel S.S. RED OAK VICTORY.
-SOURCE-
(Pub. L. 106-352, Sec. 5, Oct. 24, 2000, 114 Stat. 1372.)
-End-
-CITE-
16 USC SUBCHAPTER LIX-FF - GREAT SAND DUNES NATIONAL PARK
AND PRESERVE 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09FF - GREAT SAND DUNES NATIONAL PARK AND PRESERVE
-HEAD-
SUBCHAPTER LIX-FF - GREAT SAND DUNES NATIONAL PARK AND PRESERVE
-End-
-CITE-
16 USC Sec. 410hhh 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09FF - GREAT SAND DUNES NATIONAL PARK AND PRESERVE
-HEAD-
Sec. 410hhh. Findings
-STATUTE-
Congress finds that -
(1) the Great Sand Dunes National Monument in the State of
Colorado was established by Presidential proclamation in 1932 to
preserve Federal land containing spectacular and unique sand
dunes and additional features of scenic, scientific, and
educational interest for the benefit and enjoyment of future
generations;
(2) the Great Sand Dunes, together with the associated sand
sheet and adjacent wetland and upland, contain a variety of rare
ecological, geological, paleontological, archaeological, scenic,
historical, and wildlife components, which -
(A) include the unique pulse flow characteristics of Sand
Creek and Medano Creek that are integral to the existence of
the dunes system;
(B) interact to sustain the unique Great Sand Dunes system
beyond the boundaries of the existing National Monument;
(C) are enhanced by the serenity and rural western setting of
the area; and
(D) comprise a setting of irreplaceable national
significance;
(3) the Great Sand Dunes and adjacent land within the Great
Sand Dunes National Monument -
(A) provide extensive opportunities for educational
activities, ecological research, and recreational activities;
and
(B) are publicly used for hiking, camping, and fishing, and
for wilderness value (including solitude);
(4) other public and private land adjacent to the Great Sand
Dunes National Monument -
(A) offers additional unique geological, hydrological,
paleontological, scenic, scientific, educational, wildlife, and
recreational resources; and
(B) contributes to the protection of -
(i) the sand sheet associated with the dune mass;
(ii) the surface and ground water systems that are
necessary to the preservation of the dunes and the adjacent
wetland; and
(iii) the wildlife, viewshed, and scenic qualities of the
Great Sand Dunes National Monument;
(5) some of the private land described in paragraph (4)
contains important portions of the sand dune mass, the associated
sand sheet, and unique alpine environments, which would be
threatened by future development pressures;
(6) the designation of a Great Sand Dunes National Park, which
would encompass the existing Great Sand Dunes National Monument
and additional land, would provide -
(A) greater long-term protection of the geological,
hydrological, paleontological, scenic, scientific, educational,
wildlife, and recreational resources of the area (including the
sand sheet associated with the dune mass and the ground water
system on which the sand dune and wetland systems depend); and
(B) expanded visitor use opportunities;
(7) land in and adjacent to the Great Sand Dunes National
Monument is -
(A) recognized for the culturally diverse nature of the
historical settlement of the area;
(B) recognized for offering natural, ecological, wildlife,
cultural, scenic, paleontological, wilderness, and recreational
resources; and
(C) recognized as being a fragile and irreplaceable
ecological system that could be destroyed if not carefully
protected; and
(8) preservation of this diversity of resources would ensure
the perpetuation of the entire ecosystem for the enjoyment of
future generations.
-SOURCE-
(Pub. L. 106-530, Sec. 2, Nov. 22, 2000, 114 Stat. 2527.)
-MISC1-
SHORT TITLE
Pub. L. 106-530, Sec. 1, Nov. 22, 2000, 114 Stat. 2527, provided
that: "This Act [enacting this subchapter and provisions listed in
a table of National Wildlife Refuges set out under section 668dd of
this title] may be cited as the 'Great Sand Dunes National Park and
Preserve Act of 2000'."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410hhh-1 of this title.
-End-
-CITE-
16 USC Sec. 410hhh-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09FF - GREAT SAND DUNES NATIONAL PARK AND PRESERVE
-HEAD-
Sec. 410hhh-1. Definitions
-STATUTE-
In this subchapter:
(1) Advisory Council
The term "Advisory Council" means the Great Sand Dunes National
Park Advisory Council established under section 410hhh-6(a) (!1)
of this title.
(2) Luis Maria Baca Grant No. 4
The term "Luis Maria Baca Grant No. 4" means those lands as
described in the patent dated February 20, 1900, from the United
States to the heirs of Luis Maria Baca recorded in book 86, page
20, of the records of the Clerk and Recorder of Saguache County,
Colorado.
(3) Map
The term "map" means the map entitled "Great Sand Dunes
National Park and Preserve", numbered 140/80,032 and dated
September 19, 2000.
(4) National monument
The term "national monument" means the Great Sand Dunes
National Monument, including lands added to the monument pursuant
to this subchapter.
(5) National park
The term "national park" means the Great Sand Dunes National
Park established in section 410hhh-2 of this title.
(6) National wildlife refuge
The term "wildlife refuge" means the Baca National Wildlife
Refuge established in section 410hhh-4 of this title.
(7) Preserve
The term "preserve" means the Great Sand Dunes National
Preserve established in section 410hhh-3 of this title.
(8) Resources
The term "resources" means the resources described in section
410hhh of this title.
(9) Secretary
The term "Secretary" means the Secretary of the Interior.
(10) Uses
The term "uses" means the uses described in section 410hhh of
this title.
-SOURCE-
(Pub. L. 106-530, Sec. 3, Nov. 22, 2000, 114 Stat. 2528.)
-FOOTNOTE-
(!1) So in original. Probably should be section "410hhh-8(a)".
-End-
-CITE-
16 USC Sec. 410hhh-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09FF - GREAT SAND DUNES NATIONAL PARK AND PRESERVE
-HEAD-
Sec. 410hhh-2. Great Sand Dunes National Park, Colorado
-STATUTE-
(a) Establishment
When the Secretary determines that sufficient land having a
sufficient diversity of resources has been acquired to warrant
designation of the land as a national park, the Secretary shall
establish the Great Sand Dunes National Park in the State of
Colorado, as generally depicted on the map, as a unit of the
National Park System. Such establishment shall be effective upon
publication of a notice of the Secretary's determination in the
Federal Register.
(b) Availability of map
The map shall be on file and available for public inspection in
the appropriate offices of the National Park Service.
(c) Notification
Until the date on which the national park is established, the
Secretary shall annually notify the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House
of Representatives of -
(1) the estimate of the Secretary of the lands necessary to
achieve a sufficient diversity of resources to warrant
designation of the national park; and
(2) the progress of the Secretary in acquiring the necessary
lands.
(d) Abolishment of National Monument
(1) On the date of establishment of the national park pursuant to
subsection (a) of this section, the Great Sand Dunes National
Monument shall be abolished, and any funds made available for the
purposes of the national monument shall be available for the
purposes of the national park.
(2) Any reference in any law (other than this subchapter),
regulation, document, record, map, or other paper of the United
States to "Great Sand Dunes National Monument" shall be considered
a reference to "Great Sand Dunes National Park".
(e) Transfer of jurisdiction
Administrative jurisdiction is transferred to the National Park
Service over any land under the jurisdiction of the Department of
the Interior that -
(1) is depicted on the map as being within the boundaries of
the national park or the preserve; and
(2) is not under the administrative jurisdiction of the
National Park Service on November 22, 2000.
-SOURCE-
(Pub. L. 106-530, Sec. 4, Nov. 22, 2000, 114 Stat. 2529.)
-MISC1-
DESIGNATION OF PARK
On Sept. 13, 2004, the Secretary of the Interior made the
determination under subsec. (a) of this section and designated the
existing Great Sand Dunes National Monument as the Great Sand Dunes
National Park. See 69 F.R. 57355.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410hhh-1 of this title.
-End-
-CITE-
16 USC Sec. 410hhh-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09FF - GREAT SAND DUNES NATIONAL PARK AND PRESERVE
-HEAD-
Sec. 410hhh-3. Great Sand Dunes National Preserve, Colorado
-STATUTE-
(a) Establishment of Great Sand Dunes National Preserve
(1) There is hereby established the Great Sand Dunes National
Preserve in the State of Colorado, as generally depicted on the
map, as a unit of the National Park System.
(2) Administrative jurisdiction of lands and interests therein
administered by the Secretary of Agriculture within the boundaries
of the preserve is transferred to the Secretary of the Interior, to
be administered as part of the preserve. The Secretary of
Agriculture shall modify the boundaries of the Rio Grande National
Forest to exclude the transferred lands from the forest boundaries.
(3) Any lands within the preserve boundaries which were
designated as wilderness prior to November 22, 2000, shall remain
subject to the Wilderness Act (16 U.S.C. 1131 et seq.) and the
Colorado Wilderness Act of 1993 (Public Law 103-767; 16 U.S.C. 539i
note).
(b) Map and legal description
(1) As soon as practicable after the establishment of the
national park and the preserve, the Secretary shall file maps and a
legal description of the national park and the preserve with the
Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives.
(2) The map 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 the legal
description and maps.
(3) The map and legal description shall be on file and available
for public inspection in the appropriate offices of the National
Park Service.
(c) Boundary survey
As soon as practicable after the establishment of the national
park and preserve and subject to the availability of funds, the
Secretary shall complete an official boundary survey.
-SOURCE-
(Pub. L. 106-530, Sec. 5, Nov. 22, 2000, 114 Stat. 2529.)
-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (a)(3), 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 Colorado Wilderness Act of 1993, referred to in subsec.
(a)(3), is Pub. L. 103-77, Aug. 13, 1993, 107 Stat. 756. For
complete classification of this Act to the Code, see Short Title
note set out under section 539i of this title and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410hhh-1 of this title.
-End-
-CITE-
16 USC Sec. 410hhh-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09FF - GREAT SAND DUNES NATIONAL PARK AND PRESERVE
-HEAD-
Sec. 410hhh-4. Baca National Wildlife Refuge, Colorado
-STATUTE-
(a) Establishment
(1) When the Secretary determines that sufficient land has been
acquired to constitute an area that can be efficiently managed as a
National Wildlife Refuge, the Secretary shall establish the Baca
National Wildlife Refuge, as generally depicted on the map.
(2) Such establishment shall be effective upon publication of a
notice of the Secretary's determination in the Federal Register.
(b) Availability of map
The map shall be on file and available for public inspection in
the appropriate offices of the United States Fish and Wildlife
Service.
(c) Administration
The Secretary shall administer all lands and interests therein
acquired within the boundaries of the national wildlife refuge in
accordance with the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.) and the Act of September 28,
1962 (16 U.S.C. 460k et seq.) (commonly known as the Refuge
Recreation Act).
(d) Protection of water resources
In administering water resources for the national wildlife
refuge, the Secretary shall -
(1) protect and maintain irrigation water rights necessary for
the protection of monument, park, preserve, and refuge resources
and uses; and
(2) minimize, to the extent consistent with the protection of
national wildlife refuge resources, adverse impacts on other
water users.
-SOURCE-
(Pub. L. 106-530, Sec. 6, Nov. 22, 2000, 114 Stat. 2530.)
-REFTEXT-
REFERENCES IN TEXT
The National Wildlife Refuge System Administration Act of 1966,
referred to in subsec. (c), consists of sections 4 and 5 of Pub. L.
89-669, Oct. 15, 1966, 80 Stat. 927, as amended, and is classified
to sections 668dd and 668ee of this title. For further details, see
Short Title note set out under section 668dd of this title.
Act of September 28, 1962, referred to in subsec. (c), is Pub. L.
87-714, Sept. 28, 1962, 76 Stat. 653, as amended, popularly known
as the Refuge Recreation Act, which is classified generally to
subchapter LXVIII (Sec. 460k et seq.) of this chapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410hhh-1 of this title.
-End-
-CITE-
16 USC Sec. 410hhh-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09FF - GREAT SAND DUNES NATIONAL PARK AND PRESERVE
-HEAD-
Sec. 410hhh-5. Administration of national park and preserve
-STATUTE-
(a) In general
The Secretary shall administer the national park and the preserve
in accordance with -
(1) this subchapter; and
(2) all laws generally applicable to units of the National Park
System, including -
(A) sections 1, 2, 3, and 4 of this title; and
(B) sections 461 to 467 of this title.
(b) Grazing
(1) Acquired State or private land
With respect to former State or private land on which grazing
is authorized to occur on November 22, 2000, and which is
acquired for the national monument, or the national park and
preserve, or the wildlife refuge, the Secretary, in consultation
with the lessee, may permit the continuation of grazing on the
land by the lessee at the time of acquisition, subject to
applicable law (including regulations).
(2) Federal land
Where grazing is permitted on land that is Federal land as of
November 22, 2000, and that is located within the boundaries of
the national monument or the national park and preserve, the
Secretary is authorized to permit the continuation of such
grazing activities unless the Secretary determines that grazing
would harm the resources or values of the national park or the
preserve.
(3) Termination of leases
Nothing in this subsection shall prohibit the Secretary from
accepting the voluntary termination of leases or permits for
grazing within the national monument or the national park or the
preserve.
(c) Hunting, fishing, and trapping
(1) In general
Except as provided in paragraph (2), the Secretary shall permit
hunting, fishing, and trapping on land and water within the
preserve in accordance with applicable Federal and State laws.
(2) Administrative exceptions
The Secretary may designate areas where, and establish limited
periods when, no hunting, fishing, or trapping shall be permitted
under paragraph (1) for reasons of public safety, administration,
or compliance with applicable law.
(3) Agency agreement
Except in an emergency, regulations closing areas within the
preserve to hunting, fishing, or trapping under this subsection
shall be made in consultation with the appropriate agency of the
State of Colorado having responsibility for fish and wildlife
administration.
(4) Savings clause
Nothing in this subchapter affects any jurisdiction or
responsibility of the State of Colorado with respect to fish and
wildlife on Federal land and water covered by this subchapter.
(d) Closed Basin Division, San Luis Valley Project
Any feature of the Closed Basin Division, San Luis Valley
Project, located within the boundaries of the national monument,
national park or the national wildlife refuge, including any well,
pump, road, easement, pipeline, canal, ditch, power line, power
supply facility, or any other project facility, and the operation,
maintenance, repair, and replacement of such a feature -
(1) shall not be affected by this subchapter; and
(2) shall continue to be the responsibility of, and be operated
by, the Bureau of Reclamation in accordance with title I of the
Reclamation Project Authorization Act of 1972 (43 U.S.C. 615aaa
et seq.).(!1)
(e) Withdrawal
(1) On November 22, 2000, subject to valid existing rights, all
Federal land depicted on the map as being located within Zone A, or
within the boundaries of the national monument, the national park
or the preserve is withdrawn from -
(A) all forms of entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and
geothermal leasing.
(2) The provisions of this subsection also shall apply to any
lands -
(A) acquired under this subchapter; or
(B) transferred from any Federal agency after November 22,
2000, for the national monument, the national park or preserve,
or the national wildlife refuge.
(f) Wilderness protection
(1) Nothing in this subchapter alters the Wilderness designation
of any land within the national monument, the national park, or the
preserve.
(2) All areas designated as Wilderness that are transferred to
the administrative jurisdiction of the National Park Service shall
remain subject to the Wilderness Act (16 U.S.C. 1131 et seq.) and
the Colorado Wilderness Act of 1993 (Public Law 103-77; 16 U.S.C.
539i note). If any part of this subchapter conflicts with the
provisions of the Wilderness Act or the Colorado Wilderness Act of
1993 with respect to the wilderness areas within the preserve
boundaries, the provisions of those Acts shall control.
-SOURCE-
(Pub. L. 106-530, Sec. 7, Nov. 22, 2000, 114 Stat. 2530.)
-REFTEXT-
REFERENCES IN TEXT
The Reclamation Project Authorization Act of 1972, referred to in
subsec. (d)(2), is Pub. L. 92-514, Oct. 20, 1972, 86 Stat. 964, as
amended. Title I of the Act was classified generally to subchapter
XXXI (Sec. 615aaa et seq.) of chapter 12 of Title 43, Public Lands,
prior to its omission from the Code. See Codification notes under
sections 615aaa to 615iii of Title 43.
The public land laws, referred to in subsec. (e)(1)(A), are
classified generally to Title 43, Public Lands.
The mining laws, referred to in subsec. (e)(1)(B), are classified
generally to Title 30, Mineral Lands and Mining.
The mineral leasing laws, referred to in subsec. (e)(1)(C), are
classified generally to Title 30, Mineral Lands and Mining.
Geothermal leasing laws, referred to in subsec. (e)(1)(C), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title
30, Mineral Lands and Mining.
The Wilderness Act, referred to in subsec. (f)(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.
The Colorado Wilderness Act of 1993, referred to in subsec.
(f)(2), is Pub. L. 103-77, Aug. 13, 1993, 107 Stat. 756. For
complete classification of this Act to the Code, see Short Title
note set out under section 539i of this title and Tables.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
16 USC Sec. 410hhh-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09FF - GREAT SAND DUNES NATIONAL PARK AND PRESERVE
-HEAD-
Sec. 410hhh-6. Acquisition of property and boundary adjustments
-STATUTE-
(a) Acquisition authority
(1) Within the area depicted on the map as the "Acquisition Area"
or the national monument, the Secretary may acquire lands and
interests therein by purchase, donation, transfer from another
Federal agency, or exchange: Provided, That lands or interests
therein may only be acquired with the consent of the owner thereof.
(2) Lands or interests therein owned by the State of Colorado, or
a political subdivision thereof, may only be acquired by donation
or exchange.
(b) Boundary adjustment
As soon as practicable after the acquisition of any land or
interest under this section, the Secretary shall modify the
boundary of the unit to which the land is transferred pursuant to
subsection (b) (!1) of this section to include any land or interest
acquired.
(c) Administration of acquired lands
(1) General authority
Upon acquisition of lands under subsection (a) of this section,
the Secretary shall, as appropriate -
(A) transfer administrative jurisdiction of the lands to the
National Park Service -
(i) for addition to and management as part of the Great
Sand Dunes National Monument, or
(ii) for addition to and management as part of the Great
Sand Dunes National Park (after designation of the Park) or
the Great Sand Dunes National Preserve; or
(B) transfer administrative jurisdiction of the lands to the
United States Fish and Wildlife Service for addition to and
administration as part of the Baca National Wildlife Refuge.
(2) Forest service administration
(A) Any lands acquired within the area depicted on the map as
being located within Zone B shall be transferred to the Secretary
of Agriculture and shall be added to and managed as part of the
Rio Grande National Forest.
(B) For the purposes of section 460l-9 of this title, the
boundaries of the Rio Grande National Forest, as revised by the
transfer of land under paragraph (A), shall be considered to be
the boundaries of the national forest.
-SOURCE-
(Pub. L. 106-530, Sec. 8, Nov. 22, 2000, 114 Stat. 2532.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410hhh-1 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "subsection (c)".
-End-
-CITE-
16 USC Sec. 410hhh-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09FF - GREAT SAND DUNES NATIONAL PARK AND PRESERVE
-HEAD-
Sec. 410hhh-7. Water rights
-STATUTE-
(a) Omitted
(b) Effect on water rights
(1) In general
Subject to the amendment made by subsection (a) of this
section,(!1) nothing in this subchapter affects -
(A) the use, allocation, ownership, or control, in existence
on November 22, 2000, of any water, water right, or any other
valid existing right;
(B) any vested absolute or decreed conditional water right in
existence on November 22, 2000, including any water right held
by the United States;
(C) any interstate water compact in existence on November 22,
2000; or
(D) subject to the provisions of paragraph (2), State
jurisdiction over any water law.
(2) Water rights for national park and national preserve
In carrying out this subchapter, the Secretary shall obtain and
exercise any water rights required to fulfill the purposes of the
national park and the national preserve in accordance with the
following provisions:
(A) Such water rights shall be appropriated, adjudicated,
changed, and administered pursuant to the procedural
requirements and priority system of the laws of the State of
Colorado.
(B) The purposes and other substantive characteristics of
such water rights shall be established pursuant to State law,
except that the Secretary is specifically authorized to
appropriate water under this subchapter exclusively for the
purpose of maintaining ground water levels, surface water
levels, and stream flows on, across, and under the national
park and national preserve, in order to accomplish the purposes
of the national park and the national preserve and to protect
park resources and park uses.
(C) Such water rights shall be established and used without
interfering with -
(i) any exercise of a water right in existence on November
22, 2000, for a non-Federal purpose in the San Luis Valley,
Colorado; and
(ii) the Closed Basin Division, San Luis Valley Project.
(D) Except as provided in subsections (c) and (d) of this
section, no Federal reservation of water may be claimed or
established for the national park or the national preserve.
(c) National Forest water rights
To the extent that a water right is established or acquired by
the United States for the Rio Grande National Forest, the water
right shall -
(1) be considered to be of equal use and value for the national
preserve; and
(2) retain its priority and purpose when included in the
national preserve.
(d) National Monument water rights
To the extent that a water right has been established or acquired
by the United States for the Great Sand Dunes National Monument,
the water right shall -
(1) be considered to be of equal use and value for the national
park; and
(2) retain its priority and purpose when included in the
national park.
(e) Acquired water rights and water resources
(1) In general
(A) If, and to the extent that, the Luis Maria Baca Grant No. 4
is acquired, all water rights and water resources associated with
the Luis Maria Baca Grant No. 4 shall be restricted for use only
within -
(i) the national park;
(ii) the preserve;
(iii) the national wildlife refuge; or
(iv) the immediately surrounding areas of Alamosa or Saguache
Counties, Colorado.
(B) Use. - Except as provided in the memorandum of water
service agreement and the water service agreement between the
Cabeza de Vaca Land and Cattle Company, LLC, and Baca Grande
Water and Sanitation District, dated August 28, 1997, water
rights and water resources described in subparagraph (A) shall be
restricted for use in -
(i) the protection of resources and values for the national
monument, the national park, the preserve, or the wildlife
refuge;
(ii) fish and wildlife management and protection; or
(iii) irrigation necessary to protect water resources.
(2) State authority
If, and to the extent that, water rights associated with the
Luis Maria Baca Grant No. 4 are acquired, the use of those water
rights shall be changed only in accordance with the laws of the
State of Colorado.
(f) Disposal
The Secretary is authorized to sell the water resources and
related appurtenances and fixtures as the Secretary deems necessary
to obtain the termination of obligations specified in the
memorandum of water service agreement and the water service
agreement between the Cabeza de Vaca Land and Cattle Company, LLC
and the Baca Grande Water and Sanitation District, dated August 28,
1997. Prior to the sale, the Secretary shall determine that the
sale is not detrimental to the protection of the resources of Great
Sand Dunes National Monument, Great Sand Dunes National Park, and
Great Sand Dunes National Preserve, and the Baca National Wildlife
Refuge, and that appropriate measures to provide for such
protection are included in the sale.
-SOURCE-
(Pub. L. 106-530, Sec. 9, Nov. 22, 2000, 114 Stat. 2533.)
-COD-
CODIFICATION
Section is comprised of section 9 of Pub. L. 106-530. Subsec. (a)
of section 9 of Pub. L. 106-530 amended section 1501(a) of Pub. L.
102-575, 106 Stat. 4663, which is not classified to the Code.
-FOOTNOTE-
(!1) See Codification note below.
-End-
-CITE-
16 USC Sec. 410hhh-8 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09FF - GREAT SAND DUNES NATIONAL PARK AND PRESERVE
-HEAD-
Sec. 410hhh-8. Advisory Council
-STATUTE-
(a) Establishment
The Secretary shall establish an advisory council to be known as
the "Great Sand Dunes National Park Advisory Council".
(b) Duties
The Advisory Council shall advise the Secretary with respect to
the preparation and implementation of a management plan for the
national park and the preserve.
(c) Members
The Advisory Council shall consist of 10 members, to be appointed
by the Secretary, as follows:
(1) One member of, or nominated by, the Alamosa County
Commission.
(2) One member of, or nominated by, the Saguache County
Commission.
(3) One member of, or nominated by, the Friends of the Dunes
Organization.
(4) Four members residing in, or within reasonable proximity
to, the San Luis Valley and 3 of the general public, all of whom
have recognized backgrounds reflecting -
(A) the purposes for which the national park and the preserve
are established; and
(B) the interests of persons that will be affected by the
planning and management of the national park and the preserve.
(d) Applicable law
The Advisory Council shall function in accordance with the
Federal Advisory Committee Act (5 U.S.C. App.) and other applicable
laws.
(e) Vacancy
A vacancy on the Advisory Council shall be filled in the same
manner as the original appointment.
(f) Chairperson
The Advisory Council shall elect a chairperson and shall
establish such rules and procedures as it deems necessary or
desirable.
(g) No compensation
Members of the Advisory Council shall serve without compensation.
(h) Termination
The Advisory Council shall terminate upon the completion of the
management plan for the national park and preserve.
-SOURCE-
(Pub. L. 106-530, Sec. 10, Nov. 22, 2000, 114 Stat. 2535.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec. (d),
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. 410hhh-9 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09FF - GREAT SAND DUNES NATIONAL PARK AND PRESERVE
-HEAD-
Sec. 410hhh-9. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated such sums as are
necessary to carry out this subchapter.
-SOURCE-
(Pub. L. 106-530, Sec. 11, Nov. 22, 2000, 114 Stat. 2536.)
-End-
-CITE-
16 USC SUBCHAPTER LIX-GG - CEDAR CREEK AND BELLE GROVE
NATIONAL HISTORICAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09GG - CEDAR CREEK AND BELLE GROVE NATIONAL HISTORICAL
PARK
-HEAD-
SUBCHAPTER LIX-GG - CEDAR CREEK AND BELLE GROVE NATIONAL HISTORICAL
PARK
-End-
-CITE-
16 USC Sec. 410iii 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09GG - CEDAR CREEK AND BELLE GROVE NATIONAL HISTORICAL
PARK
-HEAD-
Sec. 410iii. Purpose
-STATUTE-
The purpose of this subchapter is to establish the Cedar Creek
and Belle Grove National Historical Park in order to -
(1) help preserve, protect, and interpret a nationally
significant Civil War landscape and antebellum plantation for the
education, inspiration, and benefit of present and future
generations;(2) tell the rich story of Shenandoah Valley history from early (continued)