Loading (50 kb)...'
(continued)
subsec. (b)(2), see, generally, subtitle I of Title 40, Public
Buildings, Property, and Works.
This part, referred to in subsec. (c)(1), was in the original
"this Act", meaning Pub. L. 89-72, which enacted sections 460l-12
to 460l-21 of this title and amended sections 460l-5(a) and 662(d)
of this title.
-MISC1-
AMENDMENTS
1992 - Subsec. (b)(1). Pub. L. 102-575, Sec. 2804(b), struck out
"within ten years" after "execute an agreement" and substituted
"not less than one-half the costs of planning studies, and the
costs of operation, maintenance, and replacement attributable" for
"all costs of operation, maintenance, and replacement
attributable".
Subsec. (c). Pub. L. 102-575, Sec. 2804(d), added subsec. (c).
1974 - Subsec. (b)(1). Pub. L. 93-251 substituted "modifications
provided for recreation, and will bear one-quarter of such costs
for fish and wildlife enhancement" for "modifications provided for
either or both of those purposes, as the case may be".
EFFECTIVE DATE OF 1974 AMENDMENT
For effective date of amendment by Pub. L. 93-251, see section
77(b) of Pub. L. 93-251, set out as a note under section 460l-13 of
this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460l-17, 460l-18 of this
title.
-End-
-CITE-
16 USC Sec. 460l-15 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part C - Water Resources Projects
-HEAD-
Sec. 460l-15. Lease of facilities and lands to non-Federal public
bodies
-STATUTE-
At projects, the construction of which has commenced or been
completed as of July 9, 1965, where non-Federal public bodies agree
to administer project land and water areas for recreation and fish
and wildlife enhancement purposes and to bear the (!1) not less
than one-half the costs of operation, maintenance, and replacement
of existing facilities serving those purposes, such facilities and
appropriate project lands may be leased to non-Federal public
bodies.
-SOURCE-
(Pub. L. 89-72, Sec. 4, July 9, 1965, 79 Stat. 215; Pub. L.
102-575, title XXVIII, Sec. 2804(c), Oct. 30, 1992, 106 Stat.
4691.)
-MISC1-
AMENDMENTS
1992 - Pub. L. 102-575 substituted "not less than one-half the
costs of operation" for "costs of operation".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460l-17 of this title.
-FOOTNOTE-
(!1) So in original. The word "the" probably should not appear.
-End-
-CITE-
16 USC Sec. 460l-16 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part C - Water Resources Projects
-HEAD-
Sec. 460l-16. Postauthorization development of projects without
allocation or reallocation of costs
-STATUTE-
Nothing herein shall be construed as preventing or discouraging
postauthorization development of any project for recreation or fish
and wildlife enhancement or both by non-Federal public bodies
pursuant to agreement with the head of the Federal agency having
jurisdiction over the project. Such development shall not be the
basis for any allocation or reallocation of project costs to
recreation or fish and wildlife enhancement.
-SOURCE-
(Pub. L. 89-72, Sec. 5, July 9, 1965, 79 Stat. 215.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460l-17 of this title.
-End-
-CITE-
16 USC Sec. 460l-17 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part C - Water Resources Projects
-HEAD-
Sec. 460l-17. Miscellaneous provisions
-STATUTE-
(a) Project reports; outdoor recreation views; conformity to State
comprehensive plan
The views of the Secretary of the Interior developed in
accordance with section 460l-2 of this title, with respect to the
outdoor recreation aspects shall be set forth in any report of any
project or appropriate unit thereof within the purview of this
part. Such views shall include a report on the extent to which the
proposed recreation and fish and wildlife development conforms to
and is in accord with the State comprehensive plan developed
pursuant to section 460l-8(d) of this title.
(b) Omitted
(c) Migratory waterfowl refuges at Federal projects; expenditure
limitation for acquisition of lands
Expenditures for lands or interests in lands hereafter acquired
by project construction agencies for the establishment of migratory
waterfowl refuges recommended by the Secretary of the Interior at
Federal water resource projects, when such lands or interests in
lands would not have been acquired but for the establishment of a
migratory waterfowl refuge at the project, shall not exceed
$28,000,000: Provided, That the aforementioned expenditure
limitation in this subsection shall not apply to the costs of
mitigating damages to migratory waterfowl caused by such water
resource project.
(d) Nonapplication to certain projects
This part shall not apply to the Tennessee Valley Authority, but
the Authority is authorized to recognize and provide for
recreational and other public uses at any dams and reservoirs
heretofore or hereafter constructed in a manner consistent with the
promotion of navigation, flood control, and the generation of
electrical energy, as otherwise required by law, nor to projects
constructed under authority of the Small Reclamation Projects Act,
as amended [43 U.S.C. 422a et seq.], or under authority of the
Watershed Protection and Flood Prevention Act, as amended [16
U.S.C. 1001 et seq.].
(e) Nonapplication to certain other projects
Sections 460l-13, 460l-14, 460l-15, and 460l-16 of this title
shall not apply to nonreservoir local flood control projects, beach
erosion control projects, small boat harbor projects, hurricane
protection projects, or to project areas or facilities authorized
by law for inclusion within a national recreation area or
appropriate for administration by a Federal agency as a part of the
national forest system, as a part of the public lands classified
for retention in Federal ownership, or in connection with an
authorized Federal program for the conservation and development of
fish and wildlife.
(f) Interpretation of "nonreimbursable"
As used in this part, the term "nonreimbursable" shall not be
construed to prohibit the imposition of entrance, admission, and
other recreation user fees or charges.
(g) Nonapplication of section 460l-9(a)(2) to nonreimbursable costs
of the United States
Section 460l-9(a)(2) of this title shall not apply to costs
allocated to recreation and fish and wildlife enhancement which are
borne by the United States as a nonreimbursable project cost
pursuant to section 460l-13(a) or section 460l-14(b)(1) of this
title.
(h) Deposits in Treasury as miscellaneous receipts; deposits of
revenue from conveyance of certain lands in Land and Water
Conservation Fund
All payments and repayment by non-Federal public bodies under the
provisions of this part shall be deposited in the Treasury as
miscellaneous receipts, and revenue from the conveyance by deed,
lease, or otherwise, of lands under section 460l-14(b)(2) of this
title shall be deposited in the Land and Water Conservation Fund.
-SOURCE-
(Pub. L. 89-72, Sec. 6, July 9, 1965, 79 Stat. 216; Pub. L. 94-576,
Oct. 21, 1976, 90 Stat. 2728.)
-REFTEXT-
REFERENCES IN TEXT
This part, referred to in subsecs. (a), (d), (f), and (h), was in
the original "this Act", meaning Pub. L. 89-72, which enacted
sections 460l-12 to 460l-21 of this title and amended sections
460l-5(a) and 662(d) of this title.
The Small Reclamation Projects Act, referred to in subsec. (d),
is act Aug. 6, 1956, ch. 972, 70 Stat. 1044, as amended, which is
classified generally to subchapter IV (Sec. 422a et seq.) of
chapter 12 of Title 43, Public Lands. For complete classification
of this Act to the Code, see section 422k of Title 43 and Tables.
The Watershed Protection and Flood Prevention Act, referred to in
subsec. (d), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, as
amended, which is classified generally to chapter 18 (Sec. 1001 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1001 of this title
and Tables.
-COD-
CODIFICATION
Subsec. (b) of this section amended section 662(d) of this title.
-MISC1-
AMENDMENTS
1976 - Subsec. (d). Pub. L. 94-576 authorized recreational and
other public uses at dams and reservoirs consistent with promotion
of navigation, flood control, and generation of electrical energy.
-End-
-CITE-
16 USC Sec. 460l-18 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part C - Water Resources Projects
-HEAD-
Sec. 460l-18. Authority of Secretary of the Interior
-STATUTE-
(a) Provision of facilities, acquisition of lands, and provision
for public use and enjoyment of project lands, facilities, and
water areas in coordination with other project purposes;
execution of agreements before providing lands, facilities, and
project modifications
The Secretary is authorized, in conjunction with any reservoir
heretofore constructed by him pursuant to the Federal reclamation
laws or any reservoir which is otherwise under his control, except
reservoirs within national wildlife refuges, to investigate, plan,
construct, operate and maintain, or otherwise provide for public
outdoor recreation and fish and wildlife enhancement facilities, to
acquire or otherwise make available such adjacent lands or
interests therein as are necessary for public outdoor recreation or
fish and wildlife use, and to provide for public use and enjoyment
of project lands, facilities, and water areas in a manner
coordinated with the other project purposes. Lands, facilities and
project modifications for the purposes of this subsection may be
provided only after an agreement in accordance with subsection (b)
or (c) of section 460l-14 of this title has been executed.
(b) Agreements with government agencies to promote development and
operation of lands or facilities for recreation and fish and
wildlife enhancement purposes
The Secretary of the Interior is authorized to enter into
agreements with Federal agencies or State or local public bodies
for the administration of project land and water areas and the
operation, maintenance, and replacement of facilities and to
transfer project lands or facilities to Federal agencies or State
or local public bodies by lease agreement or exchange upon such
terms and conditions as will best promote the development and
operation of such lands or facilities in the public interest for
recreation and fish and wildlife enhancement purposes.
(c) Transfer of lands; consent of other Federal agencies to use of
lands for recreation or fish and wildlife purposes; transfers to
Secretary of Agriculture of forest lands; continuing
administration of lands and waters for other project purposes;
prohibition against limitation of authority under existing
provisions of law
No lands under the jurisdiction of any other Federal agency may
be included for or devoted to recreation or fish and wildlife
purposes under the authority of this section without the consent of
the head of such agency; and the head of any such agency is
authorized to transfer any such lands to the jurisdiction of the
Secretary of the Interior for purposes of this section. The
Secretary of the Interior is authorized to transfer jurisdiction
over project lands within or adjacent to the exterior boundaries of
national forests and facilities thereon to the Secretary of
Agriculture for recreation and other national forest system
purposes; and such transfer shall be made in each case in which the
project reservoir area is located wholly within the exterior
boundaries of a national forest unless the Secretaries of
Agriculture and Interior jointly determine otherwise. Where any
project lands are transferred hereunder to the jurisdiction of the
Secretary of Agriculture, the lands involved shall become national
forest lands: Provided, That the lands and waters within the flow
lines of any reservoir or otherwise needed or used for the
operation of the project for other purposes shall continue to be
administered by the Secretary of the Interior to the extent he
determines to be necessary for such operation. Nothing herein shall
limit the authority of the Secretary of the Interior granted by
existing provisions of law relating to recreation or fish and
wildlife development in connection with water resource projects or
to disposition of public lands for such purposes.
-SOURCE-
(Pub. L. 89-72, Sec. 7, July 9, 1965, 79 Stat. 216; Pub. L.
102-377, title II, Sec. 206, Oct. 2, 1992, 106 Stat. 1332; Pub. L.
102-575, title XXVIII, Sec. 2804(e), Oct. 30, 1992, 106 Stat.
4692.)
-REFTEXT-
REFERENCES IN TEXT
The Federal reclamation laws, referred to in subsec. (a), are
classified generally to chapter 12 (Sec. 371 et seq.) of Title 43,
Public Lands.
-MISC1-
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-575, Sec. 2804(e)(2), substituted
"subsection (b) or (c) of section 460l-14" for "subsection
460l-14(b)".
Pub. L. 102-575, Sec. 2804(e)(1), which directed amendment of
subsec. (a) by striking "purposes: Provided," and all that follows
through end of sentence and inserting "purposes", could not be
executed because the words "purposes: Provided," did not appear
subsequent to amendment by Pub. L. 102-377. See below.
Pub. L. 102-377 substituted "purposes." for "purposes: Provided,
That not more than $100,000 shall be available to carry out the
provisions of this subsection at any one reservoir."
-End-
-CITE-
16 USC Sec. 460l-19 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part C - Water Resources Projects
-HEAD-
Sec. 460l-19. Feasibility reports
-STATUTE-
Effective on and after July 1, 1966, neither the Secretary of the
Interior nor any bureau nor any person acting under his authority
shall engage in the preparation of any feasibility report under
reclamation law with respect to any water resource project unless
the preparation of such feasibility report has been specifically
authorized by law, any other provision of law to the contrary
notwithstanding.
-SOURCE-
(Pub. L. 89-72, Sec. 8, July 9, 1965, 79 Stat. 217.)
-REFTEXT-
REFERENCES IN TEXT
Reclamation law, referred to in text, is classified generally to
chapter 12 (Sec. 371 et seq.) of Title 43, Public Lands.
-End-
-CITE-
16 USC Sec. 460l-20 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part C - Water Resources Projects
-HEAD-
Sec. 460l-20. Construction of projects under certain laws with
allocations to recreation and fish and wildlife enhancement
exceeding allocations to other functions unauthorized; exception
-STATUTE-
Nothing contained in this part shall be taken to authorized or to
sanction the construction under the Federal reclamation laws or
under any Rivers and Harbors or Flood Control Act of any project in
which the sum of the allocations to recreation and fish and
wildlife enhancement exceeds the sum of the allocations to
irrigation, hydroelectric power, municipal, domestic and industrial
water supply, navigation, and flood control, except that this
section shall not apply to any such project for the enhancement of
anadromous fisheries, shrimp, or for the conservation of migratory
birds protected by treaty, when each of the other functions of such
a project has, of itself, a favorable benefit-cost ratio.
-SOURCE-
(Pub. L. 89-72, Sec. 9, July 9, 1965, 79 Stat. 217.)
-REFTEXT-
REFERENCES IN TEXT
This part, referred to in text, was in the original "this Act",
meaning Pub. L. 89-72, which enacted sections 460l-12 to 460l-21 of
this title and amended sections 460l-5(a) and 662(d) of this title.
The Federal reclamation laws, referred to in text, are classified
generally to chapter 12 (Sec. 371 et seq.) of Title 43, Public
Lands.
Rivers and Harbors or Flood Control Act, referred to in text, is
classified principally to Title 33, Navigation and Navigable
Waters.
-End-
-CITE-
16 USC Sec. 460l-21 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part C - Water Resources Projects
-HEAD-
Sec. 460l-21. Definitions
-STATUTE-
As used in this part:
(a) The term "project" shall mean a project or any appropriate
unit thereof.
(b) The term "separable costs," as applied to any project
purpose, means the difference between the capital cost of the
entire multiple-purpose project and the capital cost of the project
with the purpose omitted.
(c) The term "joint costs" means the difference between the
capital cost of the entire multiple-purpose project and the sum of
the separable costs for all project purposes.
(d) The term "feasibility report" shall mean any report of the
scope required by the Congress when formally considering
authorization of the project of which the report treats.
(e) The term "capital cost" includes interest during
construction, wherever appropriate.
-SOURCE-
(Pub. L. 89-72, Sec. 10, July 9, 1965, 79 Stat. 218.)
-REFTEXT-
REFERENCES IN TEXT
This part, referred to in text, was in the original "this Act",
meaning Pub. L. 89-72, which enacted sections 460l-12 to 460l-21 of
this title and amended sections 460l-5(a) and 662(d) of this title.
-End-
-CITE-
16 USC Part D - Land Transfers 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part D - Land Transfers
-HEAD-
PART D - LAND TRANSFERS
-End-
-CITE-
16 USC Sec. 460l-22 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part D - Land Transfers
-HEAD-
Sec. 460l-22. Conveyance of property and interests in property in
national park system and miscellaneous areas
-STATUTE-
(a) Freehold and leasehold interests; competitive bidding
With respect to any property acquired by the Secretary of the
Interior within a unit of the national park system or miscellaneous
area, except property within national parks, or within national
monuments of scientific significance, the Secretary may convey a
freehold or leasehold interest therein, subject to such terms and
conditions as will assure the use of the property in a manner which
is, in the judgment of the Secretary, consistent with the purpose
for which the area was authorized by the Congress. In any case in
which the Secretary exercises his discretion to convey such
interest, he shall do so to the highest bidder, in accordance with
such regulations as the Secretary may prescribe, but such
conveyance shall be at not less than the fair market value of the
interest, as determined by the Secretary; except that if any such
conveyance is proposed within two years after the property to be
conveyed is acquired by the Secretary, he shall allow the last
owner or owners of record of such property thirty days following
the date on which they are notified by the Secretary in writing
that such property is to be conveyed within which to notify the
Secretary that such owners wish to acquire such interest. Upon
receiving such timely request, the Secretary shall convey such
interest to such person or persons, in accordance with such
regulations as the Secretary may prescribe, upon payment or
agreement to pay an amount equal to the highest bid price.
(b) Exchange of lands; other disposal; equal land values
The Secretary of the Interior is authorized to accept title to
any non-Federal property or interest therein within a unit of the
National Park System or miscellaneous area under his
administration, and in exchange therefor he may convey to the
grantor of such property or interest any Federally-owned property
or interest therein under his jurisdiction which he determines is
suitable for exchange or other disposal and which is located in the
same State as the non-Federal property to be acquired: Provided,
however, That timber lands subject to harvest under a sustained
yield program shall not be so exchanged. Upon request of a State or
a political subdivision thereof, or of a party in interest, prior
to such exchange the Secretary or his designee shall hold a public
hearing in the area where the lands to be exchanged are located.
The values of the properties so exchanged, either shall be
approximately equal, or if they are not approximately equal, the
values shall be equalized by the payment of cash to the grantor
from funds appropriated for the acquisition of land for the area,
or to the Secretary as the circumstances require.
(c) Solid waste disposal operations prohibited; exceptions;
regulations
In order to protect the air, land, water, and natural and
cultural values of the National Park System and the property of the
United States therein, no solid waste disposal site (including any
site for the disposal of domestic or industrial solid wastes) may
be operated within the boundary of any unit of the National Park
System, other than -
(1) a site which was operating as of September 1, 1984, or
(2) a site used only for disposal of wastes generated within
that unit of the park system so long as such site will not
degrade any of the natural or cultural resources of such park
unit.
The Secretary of the Interior shall promulgate regulations to carry
out the provisions of this subsection, including reasonable
regulations to mitigate the adverse effects of solid waste disposal
sites in operation as of September 1, 1984, upon property of the
United States.
(d) Proceeds credited to land and water conservation fund
The proceeds received from any conveyance under this section
shall be credited to the land and water conservation fund in the
Treasury of the United States.
-SOURCE-
(Pub. L. 90-401, Sec. 5, July 15, 1968, 82 Stat. 356; Pub. L.
98-506, Sec. 2, Oct. 19, 1984, 98 Stat. 2338.)
-MISC1-
AMENDMENTS
1984 - Subsecs. (c), (d). Pub. L. 98-506 added subsec. (c) and
redesignated former subsec. (c) as (d).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1c, 17o, 410bb-1,
410jj-3, 410aaa-59, 430g-5, 450jj-4 of this title.
-End-
-CITE-
16 USC Part E - Reclamation Recreation Management 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part E - Reclamation Recreation Management
-HEAD-
PART E - RECLAMATION RECREATION MANAGEMENT
-End-
-CITE-
16 USC Sec. 460l-31 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part E - Reclamation Recreation Management
-HEAD-
Sec. 460l-31. Findings
-STATUTE-
The Congress finds and declares the following:
(1) There is a Federal responsibility to provide opportunities
for public recreation at Federal water projects.
(2) Some provisions of the Federal Water Project Recreation Act
[16 U.S.C. 460l-12 et seq.] are outdated because of increases in
demand for outdoor recreation and changes in the economic climate
for recreation managing entities.
(3) Provisions of such Act relating to non-Federal
responsibility for all costs of operation, maintenance, and
replacement of recreation facilities result in an unfair burden,
especially in cases where the facilities are old or
underdesigned.
(4) Provisions of such Act that limit the Federal share of
recreation facility development at water projects completed
before 1965 to $100,000 preclude a responsible Federal share in
providing adequate opportunities for safe outdoor recreation.
(5) There should be Federal authority to expand existing
recreation facilities to meet public demand, in partnership with
non-Federal interests.
(6) Nothing in this part changes the responsibility of the
Bureau to meet the purposes for which Federal Reclamation
projects were initially authorized and constructed.
(7) It is therefore in the best interest of the people of this
Nation to amend the Federal Water Project Recreation Act [16
U.S.C. 460l-12 et seq.] to remove outdated restrictions and
authorize the Secretary of the Interior to undertake specific
measures for the management of Reclamation lands.
-SOURCE-
(Pub. L. 102-575, title XXVIII, Sec. 2802, Oct. 30, 1992, 106 Stat.
4690.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Water Project Recreation Act, referred to in pars.
(2) to (4) and (7), is Pub. L. 89-72, July 9, 1965, 79 Stat. 213,
as amended, which is classified principally to part C (Sec. 460l-12
et seq.) of this subchapter. For complete classification of this
Act to the Code, see Short Title note set out under section 460l-12
of this title and Tables.
This part, referred to in par. (6), was in the original "this
title", meaning title XXVIII of Pub. L. 102-575, Oct. 30, 1992, 106
Stat. 4690, which enacted sections 460l-31 to 460l-34 of this title
and amended sections 460l-13 to 460l-15 and 460l-18 of this title.
-MISC1-
SHORT TITLE
Section 2801 of title XXVIII of Pub. L. 102-575 provided that:
"This title [enacting this part and amending sections 460l-13 to
460l-15 and 460l-18 of this title] may be cited as the 'Reclamation
Recreation Management Act of 1992'."
-End-
-CITE-
16 USC Sec. 460l-32 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part E - Reclamation Recreation Management
-HEAD-
Sec. 460l-32. Definitions
-STATUTE-
For the purposes of this part:
(1) The term "Reclamation lands" means real property
administered by the Secretary, acting through the Commissioner of
Reclamation, and includes all acquired and withdrawn lands and
water areas under jurisdiction of the Bureau.
(2) The term "Reclamation program" means any activity
authorized under the Federal reclamation laws (the Act of June
17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 371)),(!1) and
Acts supplementary thereto and amendatory thereof).
(3) The term "Reclamation project" means any water supply or
water delivery project constructed or administered by the Bureau
of Reclamation under the Federal reclamation laws (the Act of
June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 371), and
Acts supplementary thereto and amendatory thereof).
(4) The term "Secretary" means the Secretary of the Interior.
-SOURCE-
(Pub. L. 102-575, title XXVIII, Sec. 2803, Oct. 30, 1992, 106 Stat.
4691.)
-REFTEXT-
REFERENCES IN TEXT
This part, referred to in text, was in the original "this title",
meaning title XXVIII of Pub. L. 102-575, Oct. 30, 1992, 106 Stat.
4690, which enacted sections 460l-31 to 460l-34 of this title and
amended sections 460l-13 to 460l-15 and 460l-18 of this title.
The Federal reclamation laws, referred to in pars. (2) and (3),
include act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,
known as the Reclamation Act, and Acts amendatory thereof and
supplementary thereto, which are classified generally to chapter 12
(Sec. 371 et seq.) of Title 43, Public Lands. For complete
classification of act June 17, 1902 to the Code, see Short Title
note set out under section 371 of Title 43 and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 43 section 373c.
-FOOTNOTE-
(!1) So in original. There should probably be only a single closing
parenthesis.
-End-
-CITE-
16 USC Sec. 460l-33 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part E - Reclamation Recreation Management
-HEAD-
Sec. 460l-33. Management of reclamation lands
-STATUTE-
(a) Administration
(1) Upon a determination that any such fee, charge, or commission
is reasonable and appropriate, the Secretary acting through the
Commissioner of Reclamation, is authorized to establish -
(A) filing fees for applications and other documents concerning
entry upon and use of Reclamation lands;
(B) recreation user fees; and
(C) charges or commissions for the use of Reclamation lands.
(2) The Secretary, acting through the Commissioner of
Reclamation, shall promulgate such regulations as the Secretary
determines to be necessary -
(A) to carry out the provisions of this section and section
460l-34 of this title;
(B) to ensure the protection, comfort, and well-being of the
public (including the protection of public safety) with respect
to the use of Reclamation lands; and
(C) to ensure the protection of resource values.
(b) Inventory
The Secretary, acting through the Commissioner of Reclamation, is
authorized to -
(1) prepare and maintain on a continuing basis an inventory of
resources and uses made of Reclamation lands and resources, keep
records of such inventory, and make such records available to the
public; and
(2) ascertain the boundaries of Reclamation lands and provide a
means for public identification (including, where appropriate,
providing signs and maps).
(c) Planning
(1)(A) (!1) The Secretary, acting through the Commissioner of
Reclamation, is authorized to develop, maintain, and revise
resource management plans for Reclamation lands.
(B) Each plan described in subparagraph (A) -
(i) shall be consistent with applicable laws (including any
applicable statute, regulation, or Executive order);
(ii) shall be developed in consultation with -
(I) such heads of Federal and non-Federal departments or
agencies as the Secretary determines to be appropriate; and
(II) the authorized beneficiaries (as determined by the
Secretary) of any Reclamation project included in the plan; and
(iii) shall be developed with appropriate public participation.
(C) Each plan described in subparagraph (A) shall provide for the
development, use, conservation, protection, enhancement, and
management of resources of Reclamation lands in a manner that is
compatible with the authorized purposes of the Reclamation project
associated with the Reclamation lands.
(d) Nonreimbursable funds
Funds expended by the Secretary in carrying out the provisions of
this part shall be nonreimbursable under the Federal reclamation
laws (the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43
U.S.C. 371), and Acts supplementary thereto and amendatory
thereof).
-SOURCE-
(Pub. L. 102-575, title XXVIII, Sec. 2805, Oct. 30, 1992, 106 Stat.
4692.)
-REFTEXT-
REFERENCES IN TEXT
This part, referred to in subsec. (d), was in the original "this
title", meaning title XXVIII of Pub. L. 102-575, Oct. 30, 1992, 106
Stat. 4690, which enacted sections 460l-31 to 460l-34 of this title
and amended sections 460l-13 to 460l-15 and 460l-18 of this title.
The Federal reclamation laws, referred to in subsec. (d), include
act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, known as the
Reclamation Act, and Acts amendatory thereof and supplementary
thereto, which are classified generally to chapter 12 (Sec. 371 et
seq.) of Title 43, Public Lands. For complete classification of act
June 17, 1902 to the Code, see Short Title note set out under
section 371 of Title 43 and Tables.
-FOOTNOTE-
(!1) So in original. No par. (2) has been enacted.
-End-
-CITE-
16 USC Sec. 460l-34 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part E - Reclamation Recreation Management
-HEAD-
Sec. 460l-34. Protection of authorized purposes of reclamation
projects
-STATUTE-
(a) Nothing in this part shall be construed to change, modify, or
expand the authorized purposes of any Reclamation project.
(b) The expansion or modification of a recreational facility
constructed under this part shall not increase the capital
repayment responsibilities or operation and maintenance expenses of
the beneficiaries of authorized purposes of the associated
Reclamation project. The term "beneficiaries" does not include
those entities who sign agreements or enter into contracts for
recreation facilities pursuant to the Federal Water Project
Recreation Act [16 U.S.C. 460l-12 et seq.].
-SOURCE-
(Pub. L. 102-575, title XXVIII, Sec. 2806, Oct. 30, 1992, 106 Stat.
4693.)
-REFTEXT-
REFERENCES IN TEXT
This part, referred to in text, was in the original "this title",
meaning title XXVIII of Pub. L. 102-575, Oct. 30, 1992, 106 Stat.
4690, which enacted sections 460l-31 to 460l-34 of this title and
amended sections 460l-13 to 460l-15 and 460l-18 of this title.
The Federal Water Project Recreation Act, referred to in subsec.
(b), is Pub. L. 89-72, July 9, 1965, 79 Stat. 213, as amended,
which is classified principally to part C (Sec. 460l-12 et seq.) of
this subchapter. For complete classification of this Act to the
Code, see Short Title note set out under section 460l-12 of this
title and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460l-33 of this title.
-End-
-CITE-
16 USC SUBCHAPTER LXX - OZARK NATIONAL SCENIC RIVERWAYS 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXX - OZARK NATIONAL SCENIC RIVERWAYS
-HEAD-
SUBCHAPTER LXX - OZARK NATIONAL SCENIC RIVERWAYS
-End-
-CITE-
16 USC Sec. 460m 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXX - OZARK NATIONAL SCENIC RIVERWAYS
-HEAD-
Sec. 460m. Establishment
-STATUTE-
For the purpose of conserving and interpreting unique scenic and
other natural values and objects of historic interest, including
preservation of portions of the Current River and the Jacks Fork
River in Missouri as free-flowing streams, preservation of springs
and caves, management of wildlife, and provisions for use and
enjoyment of the outdoor recreation resources thereof by the people
of the United States, the Secretary of the Interior (hereinafter
referred to as the "Secretary") shall designate for establishment
as the Ozark National Scenic Riverways the area (hereinafter
referred to as "such area") generally depicted on map numbered NR
OZA 7002 entitled "Proposed Ozark National Rivers" dated December
1963 which map is on file for public inspection in the office of
the National Park Service, Department of the Interior: Provided,
That the area so designated shall not include more than sixty-five
thousand acres of land now in private ownership and that no lands
shall be designated within two miles of the present boundaries of
the municipalities of Eminence and Van Buren, Missouri. The
Secretary, with the concurrence of the State, shall designate for
inclusion in the Ozark National Scenic Riverways, the lands
composing Big Springs, Alley Springs, and Round Spring State Parks,
and the Secretary is hereby directed to negotiate with the State
for the donation and the inclusion of such park lands in the Ozark
National Scenic Riverways.
-SOURCE-
(Pub. L. 88-492, Sec. 1, Aug. 27, 1964, 78 Stat. 608.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460m-1 of this title.
-End-
-CITE-
16 USC Sec. 460m-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXX - OZARK NATIONAL SCENIC RIVERWAYS
-HEAD-
Sec. 460m-1. Acquisition of lands, easements, etc.; exchange of
lands; consent of State; reversion to State; administrative
jurisdiction of Federal lands or waters
-STATUTE-
The Secretary may, within the area designated or altered pursuant
to section 460m-3 of this title, acquire lands and interests
therein, including scenic easements, by such means as he may deem
to be in the public interest: Provided, That scenic easements may
only be acquired with the consent of the owner of the lands or
waters thereof: And provided further, That any parcel of land
containing not more than five hundred acres, which borders either
the Current River or the Jacks Fork River, and which is being
primarily used for agricultural purposes, shall be acquired by the
Secretary in its entirety unless the owner of any such parcel
consents to the acquisition of a part thereof. Property so acquired
which lies outside the boundary generally depicted on the map
referred to in section 460m of this title may be exchanged by the
Secretary for any land of approximately equal value within the
boundaries. Lands and waters owned by the State of Missouri within
such area may be acquired with the consent of the State and,
notwithstanding any other provision of law, subject to provision
for reversion to such State conditioned upon continued use of the
property for National Scenic Riverway. Federally owned lands or
water lying within such area shall, upon establishment of the area
pursuant to section 460m-3 of this title, be transferred to the
administrative jurisdiction of the Secretary, without transfer of
funds, for administration as part of the Ozark National Scenic
Riverways.
-SOURCE-
(Pub. L. 88-492, Sec. 2, Aug. 27, 1964, 78 Stat. 608; Pub. L.
92-272, title IV, Sec. 401, Apr. 11, 1972, 86 Stat. 122.)
-MISC1-
AMENDMENTS
1972 - Pub. L. 92-272 substituted provisions authorizing lands
and waters owned by the State of Missouri to be acquired with the
consent of the State, subject to reversion to such State
conditioned upon the continued use of the property for the National
Scenic Riverway, for provisions authorizing lands and waters owned
by the State of Missouri to be acquired only with the consent of
the State.
-End-
-CITE-
16 USC Sec. 460m-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXX - OZARK NATIONAL SCENIC RIVERWAYS
-HEAD-
Sec. 460m-2. Reservation of use and occupancy of improved property
for noncommercial residential purposes; term; valuation
-STATUTE-
Any owner or owners, including beneficial owners (hereinafter in
this section referred to as "owner"), of improved property on the
date of its acquisition by the Secretary may, as a condition to
such acquisition, retain the right of use and occupancy of the
improved property for noncommercial residential purposes for a term
ending at the death of such owner, or the death of his spouse, or
at the death of the survivor of either of them. The owner shall
elect the term to be reserved. The Secretary shall pay to the owner
the fair market value of the property on the date of such
acquisition less the fair market value on such date of the right
retained by the owner.
-SOURCE-
(Pub. L. 88-492, Sec. 3, Aug. 27, 1964, 78 Stat. 608.)
-End-
-CITE-
16 USC Sec. 460m-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXX - OZARK NATIONAL SCENIC RIVERWAYS
-HEAD-
Sec. 460m-3. Establishment; notice in Federal Register; alteration
of boundaries; acreage limitation
-STATUTE-
When the Secretary determines that lands and waters, or interests
therein, have been acquired by the United States in sufficient
quantity to provide an administrable unit, he shall declare
establishment of the Ozark National Scenic Riverways by publication
of notice in the Federal Register. The Secretary may thereafter
alter such boundaries from time to time, except that the total
acreage in the Ozark National Scenic Riverways shall not exceed
sixty-five thousand acres, exclusive of land donated by the State
of Missouri or its political subdivisions and of federally owned
land transferred pursuant to section 460m-1 of this title.
-SOURCE-
(Pub. L. 88-492, Sec. 4, Aug. 27, 1964, 78 Stat. 609.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460m-1 of this title.
-End-
-CITE-
16 USC Sec. 460m-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXX - OZARK NATIONAL SCENIC RIVERWAYS
-HEAD-
Sec. 460m-4. Cooperative land development programs; hunting and
fishing
-STATUTE-
(a) Development of comprehensive plans
In furtherance of the purposes of this subchapter, the Secretary
is authorized to cooperate with the State of Missouri, its
political subdivisions, and other Federal agencies and
organizations in formulating comprehensive plans for the Ozark
National Scenic Riverways and for the related watershed of the
Current and Jacks Fork Rivers in Missouri, and to enter into
agreements for the implementation of such plans. Such plans may
provide for land use and development programs, for preservation and
enhancement of the natural beauty of the landscape, and for
conservation of outdoor resources in the watersheds of the Current
and Jacks Fork Rivers.
(b) Establishment of hunting and fishing zones and periods
The Secretary shall permit hunting and fishing on lands and
waters under his jurisdiction within the Ozark National Scenic
Riverways area in accordance with applicable Federal and State
laws. The Secretary may designate zones where, and establish
periods when, no hunting shall be permitted, for reasons of public
safety, administration, or public use and enjoyment and shall issue
regulations after consultation with the Conservation Commission of
the State of Missouri.
-SOURCE-
(Pub. L. 88-492, Sec. 5, Aug. 27, 1964, 78 Stat. 609.)
-End-
-CITE-
16 USC Sec. 460m-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXX - OZARK NATIONAL SCENIC RIVERWAYS
-HEAD-
Sec. 460m-5. Administration
-STATUTE-
The Ozark National Scenic Riverways shall be administered in
accordance with the provisions of sections 1, 2, 3, and 4 of this
title, as amended and supplemented, and in accordance with other
laws of general application relating to the areas administered and
supervised by the Secretary through the National Park Service;
except that authority otherwise available to the Secretary for the
conservation and management of natural resources may be utilized to
the extent he finds such authority will further the purposes of
this subchapter.
-SOURCE-
(Pub. L. 88-492, Sec. 6, Aug. 27, 1964, 78 Stat. 609.)
-End-
-CITE-
16 USC Sec. 460m-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXX - OZARK NATIONAL SCENIC RIVERWAYS
-HEAD-
Sec. 460m-6. Free-roaming horses
-STATUTE-
(a) In general
The Secretary, in accordance with this section, shall allow
free-roaming horses in the Ozark National Scenic Riverways. Within
180 days after November 12, 1996, the Secretary shall enter into an
agreement with the Missouri Wild Horse League or another qualified
nonprofit entity to provide for management of free-roaming horses.
The agreement shall provide for cost-effective management of the
horses and limit Federal expenditures to the costs of monitoring
the agreement. The Secretary shall issue permits for adequate
pastures to accommodate the historic population level of the
free-roaming horse herd, which shall be not less than the number of
horses in existence on November 12, 1996, nor more than 50.
(b) Removal of horses
The Secretary may not remove, or assist in, or permit the removal
of any free-roaming horses from Federal lands within the boundary
of the Ozark National Scenic Riverways unless -
(1) the entity with whom the Secretary has entered into the
agreement under subsection (a) of this section, following notice
and a 90-day response period, substantially fails to meet the
terms and conditions of the agreement;
(2) the number of free-roaming horses exceeds 50; or
(3) in the case of an emergency or to protect public health and
safety, as defined in the agreement.
(c) Construction; liability of United States
Nothing in this section shall be construed as creating liability
for the United States for any damages caused by the free-roaming (continued)