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(continued)
The Clean Air Act was originally classified to chapter 15B (Sec.
1857 et seq.) of Title 42, The Public Health and Welfare. On
enactment of Pub. L. 95-95, the Act was reclassified to chapter 85
(Sec. 7401 et seq.) of Title 42. Part C of the Clean Air Act is
classified generally to part C (Sec. 7470 et seq.) of subchapter I
of chapter 85 of Title 42. For complete classification of this Act
to the Code, see Short Title note set out under section 7401 of
Title 42 and Tables.
-End-
-CITE-
16 USC Sec. 460m-25 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER
-HEAD-
Sec. 460m-25. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary for the purposes of this subchapter, but not to exceed
$20,000,000 for the acquisition of lands and interests in lands,
and not to exceed $3,000,000 for development.
-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1112, Nov. 10, 1978, 92 Stat. 3548;
Pub. L. 99-500, Sec. 101(h) [title I, Sec. 116(b)], Oct. 18, 1986,
100 Stat. 1783-242, 1783-266, and Pub. L. 99-591, Sec. 101(h)
[title I, Sec. 116(b)], Oct. 30, 1986, 100 Stat. 3341-242,
3341-266; Pub. L. 99-590, title X, Sec. 1002, Oct. 30, 1986, 100
Stat. 3340.)
-COD-
CODIFICATION
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
-MISC1-
AMENDMENTS
1986 - Pub. L. 99-500, Pub. L. 99-590, Pub. L. 99-591, amended
section identically substituting "$3,000,000" for "$500,000".
-End-
-CITE-
16 USC Sec. 460m-26 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER
-HEAD-
Sec. 460m-26. Cooperative agreements with State
-STATUTE-
In administering the national river, the Secretary is authorized
to enter into cooperative agreements with the State of West
Virginia, or any political subdivision thereof, for the rendering,
on a reimbursable or non-reimbursable basis, of rescue, fire
fighting, and law enforcement services and cooperative assistance
by nearby law enforcement and fire preventive agencies.
-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1113, as added Pub. L. 100-534,
title I, Sec. 102, Oct. 26, 1988, 102 Stat. 2700.)
-End-
-CITE-
16 USC Sec. 460m-27 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER
-HEAD-
Sec. 460m-27. Improvement of access at Cunard
-STATUTE-
(a) Development and improvement
The Secretary shall expeditiously acquire such lands, and
undertake such developments and improvements, as may be necessary
to provide for commercial and noncommercial access to the river
near Cunard. No restriction shall be imposed on such access based
on the time of day, except to the extent required to protect public
health and safety.
(b) Interim measures
Pending completion of the developments and improvements referred
to in subsection (a) of this section, the Secretary shall permit
the motorized towing of whitewater rafts in the section of the
national river between Thurmond and Cunard when the volume of flow
in the river is less than three thousand cubic feet per second.
-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1114, as added Pub. L. 100-534,
title I, Sec. 103, Oct. 26, 1988, 102 Stat. 2700.)
-End-
-CITE-
16 USC Sec. 460m-28 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER
-HEAD-
Sec. 460m-28. Flow management
-STATUTE-
(a) Findings
The Congress finds that adjustments of flows from Bluestone Lake
project during periods of low flow are necessary to respond to the
congressional mandate contained in section 460m-23 of this title
and that such adjustments could enhance the quality of the
recreational experience in the segments of the river below the lake
during those periods as well as protect the biological resources of
the river.
(b) Report to Congress required
The Secretary of the Army, in conjunction with the Secretary of
the Interior, shall conduct a study and prepare a report under this
section. The report shall be submitted to the Committee on Energy
and Natural Resources of the United States Senate and the Committee
on Interior and Insular Affairs of the United States House of
Representatives not later than December 31, 1989. Before submission
of the report to these Committees, a draft of the report shall be
made available for public comment. The final report shall include
the comments submitted by the Secretary of the Interior and the
public, together with the response of the Secretary of the Army to
those comments.
(c) Contents of study
The study under this section shall examine the feasibility of
adjusting the timing of daily releases from Bluestone Lake project
during periods when flows from the lake are less than three
thousand cubic feet per second. The purpose of such adjustment
shall be to improve recreation (including, but not limited to,
fishing and whitewater recreation) in the New River Gorge National
River. Any such adjustments in the timing of flows which are
proposed in such report shall be consistent with other project
purposes and shall not have significant adverse effects on fishing
or on any other form of recreation in Bluestone Lake or in any
segment of the river below Bluestone Lake. The study shall assess
the effects of such flow adjustments on the quality of recreation
on the river in the segments of the river between Hinton and
Thurmond and between Thurmond and the downstream boundary of the
New River Gorge National River, taking into account the levels of
recreational visitation in each of such segments.
(d) Test procedures
As part of the study under this section, the Secretary of the
Army shall conduct test releases from Bluestone Lake project during
twenty-four-hour periods during the summer of 1989 when flows are
less than three thousand cubic feet per second from the project.
All such adjustments shall conform to the criteria specified in
subsection (c) of this section. The tests shall provide adjustments
in the timing of daily flows from Bluestone Lake project which
permit flows higher than the twenty-four-hour average to reach
downstream recreational segments of the river during morning and
afternoon hours. The tests shall develop specific data on the
effects of flow adjustments on the speed of the current and on
water surface levels in those segments. No test shall be conducted
when flows from the lake are less than one thousand seven hundred
cubic feet per second and no test shall reduce flows below that
level.
-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1115, as added Pub. L. 100-534,
title I, Sec. 104, Oct. 26, 1988, 102 Stat. 2701.)
-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.
-End-
-CITE-
16 USC Sec. 460m-29 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER
-HEAD-
Sec. 460m-29. Glade Creek visitor facility
-STATUTE-
In order to provide for public use and enjoyment of the scenic
and natural resources of the New River Gorge National River and in
order to provide public information to visitors with respect to the
national river and associated State parklands, the Secretary is
authorized and directed to construct a scenic overlook and visitor
information facility at a suitable location accessible from
Interstate 64 in the vicinity of Glade Creek within the boundary of
the national river. There is authorized to be appropriated such
sums as may be necessary to carry out construction (including all
related planning and design) of the scenic overlook and visitor
information facility.
-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1116, as added Pub. L. 100-534,
title I, Sec. 105, Oct. 26, 1988, 102 Stat. 2702.)
-End-
-CITE-
16 USC Sec. 460m-29a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER
-HEAD-
Sec. 460m-29a. New River Gorge and Gauley River Visitor Center
-STATUTE-
The Secretary of the Interior is authorized to construct a
visitor center and such other related facilities as may be deemed
necessary to facilitate visitor understanding and enjoyment of the
New River Gorge National River and the Gauley River National
Recreation Area in the vicinity of the confluence of the New and
Gauley Rivers. Such center and related facilities are authorized to
be constructed at a site outside of the boundary of the New River
Gorge National River or Gauley River National Recreation Area
unless a suitable site is available within the boundaries of either
unit.
-SOURCE-
(Pub. L. 104-333, div. I, title IV, Sec. 406(b), Nov. 12, 1996, 110
Stat. 4150.)
-COD-
CODIFICATION
Section was enacted as part of the Omnibus Parks and Public Lands
Management Act of 1996, and not as part of title XI of the National
Parks and Recreation Act of 1978 which comprises this subchapter.
-MISC1-
NEW RIVER VISITOR CENTER
Pub. L. 105-178, title I, Sec. 1214(c), June 9, 1998, 112 Stat.
205, provided that:
"(1) In general. - The Secretary shall allocate to the Secretary
of the Interior amounts made available by this subsection for the
planning, design, and construction of a visitor center, and such
other related facilities as may be necessary, to facilitate visitor
understanding and enjoyment of the scenic, historic, cultural, and
recreational resources of the New River Gorge National River in the
State of West Virginia. The center and related facilities shall be
located at a site for which title is held by the United States in
the vicinity of the I-64 Sandstone intersection.
"(2) Authorization of appropriations. - There are authorized to
be appropriated out of the Highway Trust Fund (other than the Mass
Transit Account) to carry out this subsection $1,300,000 for fiscal
year 1998, $1,200,000 for fiscal year 1999, and $9,900,000 for
fiscal year 2000.
"(3) Applicability of title 23. - Funds authorized by this
subsection shall be available for obligation in the same manner as
if such funds were apportioned under chapter 1 of title 23, United
States Code; except that such funds shall remain available until
expended."
-End-
-CITE-
16 USC Sec. 460m-30 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER
-HEAD-
Sec. 460m-30. Applicable provisions of other law
-STATUTE-
(a) Cooperative agreements
The provisions of section 460ww-1(e)(1) of this title shall apply
to the New River Gorge National River in the same manner and to the
same extent as such provisions apply to the Gauley River National
Recreation Area.
(b) Remnant lands
The provisions of the second sentence of section 460ww-2(a) of
this title shall apply to tracts of land partially within the
boundaries of the New River Gorge National River in the same manner
and to the same extent as such provisions apply to tracts of land
only partially within the Gauley River National Recreation Area.
-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1117, as added Pub. L. 104-333,
div. I, title IV, Sec. 406(a)(3), Nov. 12, 1996, 110 Stat. 4150.)
-End-
-CITE-
16 USC SUBCHAPTER LXXII - LAKE MEAD NATIONAL RECREATION
AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXII - LAKE MEAD NATIONAL RECREATION AREA
-HEAD-
SUBCHAPTER LXXII - LAKE MEAD NATIONAL RECREATION AREA
-End-
-CITE-
16 USC Sec. 460n 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXII - LAKE MEAD NATIONAL RECREATION AREA
-HEAD-
Sec. 460n. Administration
-STATUTE-
In recognition of the national significance of the Lake Mead
National Recreation Area, in the States of Arizona and Nevada, and
in order to establish a more adequate basis for effective
administration of such area for the public benefit, the Secretary
of the Interior hereafter may exercise the functions and carry out
the activities prescribed by this subchapter.
-SOURCE-
(Pub. L. 88-639, Sec. 1, Oct. 8, 1964, 78 Stat. 1039.)
-End-
-CITE-
16 USC Sec. 460n-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXII - LAKE MEAD NATIONAL RECREATION AREA
-HEAD-
Sec. 460n-1. Boundaries of area; filing of map with Federal
Register; revision; donations of land; property acquisition and
exclusion
-STATUTE-
Lake Mead National Recreation Area shall comprise that particular
land and water area which is shown on a certain map, identified as
"boundary map, RA-LM-7060-B, revised July 17, 1963", which is on
file and which shall be available for public inspection in the
office of the National Park Service of the Department of the
Interior. An exact copy of such map shall be filed with the Federal
Register within thirty days following October 8, 1964, and an exact
copy thereof shall be available also for public inspection in the
headquarters office of the superintendent of the said Lake Mead
National Recreation Area.
The Secretary of the Interior is authorized to revise the
boundaries of such national recreation area, subject to the
requirement that the total acreage of that area, as revised, shall
be no greater than the present acreage thereof. In the event of
such boundary revision, maps of the recreation area, as revised,
shall be prepared by the Department of the Interior, and shall be
filed in the same manner, and shall be available for public
inspection also in accordance with the aforesaid procedures and
requirements relating to the filing and availability of maps. The
Secretary may accept donations of land and interests in land within
the exterior boundaries of such area, or such property may be
procured by the Secretary in such manner as he shall consider to be
in the public interest.
In exercising his authority to acquire property by exchange, the
Secretary may accept title to any non-Federal property located
within the boundaries of the recreation area and convey to the
grantor of such property any federally owned property under the
jurisdiction of the Secretary, not withstanding any other provision
of law. The properties so exchanged shall be approximately equal in
fair market value: Provided, That the Secretary may accept cash
from or pay cash to the grantor in such an exchange in order to
equalize the values of the properties exchanged.
Establishment or revision of the boundaries of the said national
recreation area, as herein prescribed, shall not affect adversely
any valid rights in the area, nor shall it affect the validity of
withdrawals heretofore made for reclamation or power purposes. All
lands in the recreation area which have been withdrawn or acquired
by the United States for reclamation purposes shall remain subject
to the primary use thereof for reclamation and power purposes so
long as they are withdrawn or needed for such purposes. There shall
be excluded from the said national recreation area by the Secretary
of the Interior any property for management or protection by the
Bureau of Reclamation, which would be subject otherwise to
inclusion in the said recreation area, and which the Secretary of
the Interior considers in the national interest should be excluded
therefrom.
-SOURCE-
(Pub. L. 88-639, Sec. 2, Oct. 8, 1964, 78 Stat. 1039.)
-MISC1-
TRANSFER OF ADMINISTRATIVE JURISDICTION TO NATIONAL PARK SERVICE
Pub. L. 107-282, title III, Sec. 302, Nov. 6, 2002, 116 Stat.
2006, provided that:
"(a) In General. - Administrative jurisdiction over the parcel of
land described in subsection (b) is transferred from the Bureau of
Land Management to the National Park Service for inclusion in the
Lake Mead National Recreation Area.
"(b) Description of Land. - The parcel of land referred to in
subsection (a) is the approximately 10 acres of Bureau of Land
Management land, as depicted on the map entitled 'Eldorado/Spirit
Mountain' and dated October 1, 2002.
"(c) Use of Land. - The parcel of land described in subsection
(b) shall be used by the National Park Service for administrative
facilities."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460n-9 of this title.
-End-
-CITE-
16 USC Sec. 460n-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXII - LAKE MEAD NATIONAL RECREATION AREA
-HEAD-
Sec. 460n-2. Hualapai Indian lands; inclusion within area; mineral
rights; leases and permits; hunting and fishing rights
-STATUTE-
The authorities granted by this subchapter shall be subject to
the following exceptions and qualifications when exercised with
respect to any tribal or allotted lands of the Hualapai Indians
that may be included within the exterior boundaries of the Lake
Mead National Recreation Area:
(a) The inclusion of Indian lands within the exterior boundaries
of the area shall not be effective until approved by the Hualapai
Tribal Council.
(b) Mineral developments or use of the Indian lands shall be
permitted only in accordance with the laws that relate to Indian
lands.
(c) Leases and permits for general recreational use, business
sites, home sites, vacation cabin sites, and grazing shall be
executed in accordance with the laws relating to leases of Indian
lands, provided that all development and improvement leases so
granted shall conform to the development program and standards
prescribed for the Lake Mead National Recreation Area.
(d) Nothing in this subchapter shall deprive the members of the
Hualapai Tribe of hunting and fishing privileges presently
exercised by them, nor diminish those rights and privileges of that
part of the reservation which is included in the Lake Mead
Recreation Area.
-SOURCE-
(Pub. L. 88-639, Sec. 3, Oct. 8, 1964, 78 Stat. 1039.)
-End-
-CITE-
16 USC Sec. 460n-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXII - LAKE MEAD NATIONAL RECREATION AREA
-HEAD-
Sec. 460n-3. Purposes and uses of area
-STATUTE-
(a) Public recreation, benefit, and use
Lake Mead National Recreation Area shall be administered by the
Secretary of the Interior for general purposes of public
recreation, benefit, and use, and in a manner that will preserve,
develop, and enhance, so far as practicable, the recreation
potential, and in a manner that will preserve the scenic, historic,
scientific, and other important features of the area, consistently
with applicable reservations and limitations relating to such area
and with other authorized uses of the lands and properties within
such area.
(b) Specific activities
In carrying out the functions prescribed by this subchapter, in
addition to other related activities that may be permitted
hereunder, the Secretary may provide for the following activities,
subject to such limitations, conditions, or regulations as he may
prescribe, and to such extent as will not be inconsistent with
either the recreational use or the primary use of that portion of
the area heretofore withdrawn for reclamation purposes:
(1) General recreation use, such as bathing, boating, camping,
and picnicking;
(2) Grazing;
(3) Mineral leasing;
(4) Vacation cabin site use, in accordance with existing
policies of the Department of the Interior relating to such use,
or as such policies may be revised hereafter by the Secretary.
-SOURCE-
(Pub. L. 88-639, Sec. 4, Oct. 8, 1964, 78 Stat. 1040.)
-End-
-CITE-
16 USC Sec. 460n-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXII - LAKE MEAD NATIONAL RECREATION AREA
-HEAD-
Sec. 460n-4. Hunting, fishing and trapping
-STATUTE-
The Secretary of the Interior shall permit hunting, fishing, and
trapping on the lands and waters under this jurisdiction within the
recreation area in accordance with the applicable laws and
regulations of the United States and the respective States:
Provided, That the Secretary, after consultation with the
respective State fish and game commissions, may issue regulations
designating zones where and establishing periods when no hunting,
fishing, or trapping shall be permitted for reasons of public
safety, administration, or public use and enjoyment.
-SOURCE-
(Pub. L. 88-639, Sec. 5, Oct. 8, 1964, 78 Stat. 1040.)
-End-
-CITE-
16 USC Sec. 460n-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXII - LAKE MEAD NATIONAL RECREATION AREA
-HEAD-
Sec. 460n-5. Regulation of area; violations and penalties
-STATUTE-
Such national recreation area shall continue to be administered
in accordance with regulations heretofore issued by the Secretary
of the Interior relating to such areas, and the Secretary may
revise such regulations or issue new regulations to carry out the
purposes of this subchapter. In his administration and regulation
of the area, the Secretary shall exercise authority, subject to the
provisions and limitations of this subchapter, comparable to his
general administrative authority relating to areas of the national
park system.
Any person who violates a rule or regulation issued pursuant to
this subchapter shall be guilty of a misdemeanor, and may be
punished by a fine of not more than $500, or by imprisonment not
exceeding six months, or by both such fine and imprisonment.
-SOURCE-
(Pub. L. 88-639, Sec. 6, Oct. 8, 1964, 78 Stat. 1040; Pub. L.
91-383, Sec. 10(a)(4), as added Pub. L. 94-458, Sec. 2, Oct. 7,
1976, 90 Stat. 1941.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 91-383, Sec. 10(a)(4), as added Pub. L. 94-458,
struck out provisions relating to arrest powers of superintendent,
caretakers, officers, or rangers of the Lake Mead National
Recreation Area.
-End-
-CITE-
16 USC Sec. 460n-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXII - LAKE MEAD NATIONAL RECREATION AREA
-HEAD-
Sec. 460n-6. Political jurisdiction; taxing power; Hualapai Indians
-STATUTE-
Nothing in this subchapter shall deprive any State, or any
political subdivision thereof, of its civil and criminal
jurisdiction over the lands within the said national recreation
area, or of its rights to tax persons, corporations, franchises, or
property on the lands included in such area. Nothing in this
subchapter shall modify or otherwise affect the existing
jurisdiction of the Hualapai Tribe or alter the status of
individual Hualapai Indians within that part of the Hualapai Indian
Reservation included in said Lake Mead National Recreation Area.
-SOURCE-
(Pub. L. 88-639, Sec. 7, Oct. 8, 1964, 78 Stat. 1041.)
-End-
-CITE-
16 USC Sec. 460n-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXII - LAKE MEAD NATIONAL RECREATION AREA
-HEAD-
Sec. 460n-7. Revenues and fees; disposition
-STATUTE-
Revenues and fees obtained by the United States from operation of
the national recreation area shall be subject to the same statutory
provisions concerning the disposition thereof as are similar
revenues collected in areas of the national park system with the
exception, that those particular revenues and fees including those
from mineral developments, which the Secretary of the Interior
finds are reasonably attributable to Indian lands shall be paid to
the Indian owner of the land, and with the further exception that
other fees and revenues obtained from mineral development and from
activities under other public land laws within the recreation area
shall be disposed of in accordance with the provisions of the
applicable laws.
-SOURCE-
(Pub. L. 88-639, Sec. 8, Oct. 8, 1964, 78 Stat. 1041.)
-End-
-CITE-
16 USC Sec. 460n-8 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXII - LAKE MEAD NATIONAL RECREATION AREA
-HEAD-
Sec. 460n-8. United States magistrate judge: appointment;
functions; probation; fees
-STATUTE-
A United States magistrate judge shall be appointed for that
portion of the Lake Mead National Recreation Area that is situated
in Mohave County, Arizona. Such magistrate judge shall be appointed
by the United States district court having jurisdiction thereover,
and the magistrate judge shall serve as directed by such court, as
well as pursuant to, and within the limits of, the authority of
said court.
The functions of the magistrate judge shall include the trial and
sentencing of persons charged with the commission of misdemeanors
and infractions as defined in section 3581 of title 18. The
exercise of additional functions by the magistrate judge shall be
consistent with and be carried out in accordance with the
authority, laws, and regulations, of general application to United
States magistrate judges. The probation laws shall be applicable to
persons tried by the magistrate judge and he shall have power to
grant probation. The magistrate judge shall receive the fees, and
none other, provided by law for like or similar services.
-SOURCE-
(Pub. L. 88-639, Sec. 9, Oct. 8, 1964, 78 Stat. 1041; Pub. L.
98-473, title II, Sec. 222, Oct. 12, 1984, 98 Stat. 2028; Pub. L.
100-702, title IV, Sec. 404(c), Nov. 19, 1988, 102 Stat. 4651; Pub.
L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-702 struck out after second sentence of second
par. "The provisions of title 18, section 3402, and the rules of
procedure and practice prescribed by the Supreme Court pursuant
thereto, shall apply to all cases handled by such magistrate."
1984 - Pub. L. 98-473, Sec. 222(a), substituted "magistrate" for
"commissioner" wherever appearing in first par.
Pub. L. 98-473, Sec. 222(b), substituted provisions relating to
trial and sentencing of persons charged with misdemeanors and
infractions as defined in section 3581 of title 18, for provisions
relating to trial and sentencing of persons committing petty
offenses as defined in title 18, section 1, and right of election
of such persons to be tried in the district court of the United
States.
-CHANGE-
CHANGE OF NAME
"United States magistrate judge", "magistrate judge", and "United
States magistrate judges" substituted for "United States
magistrate", "magistrate", and "United States magistrates",
respectively, wherever appearing in text pursuant to section 321 of
Pub. L. 101-650, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure.
-MISC2-
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-702 effective Dec. 1, 1988, see section
407 of Pub. L. 100-702, set out as a note under section 2071 of
Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and
applicable only to offenses committed after the taking effect of
such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
an Effective Date note under section 3551 of Title 18, Crimes and
Criminal Procedure.
-End-
-CITE-
16 USC Sec. 460n-9 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXII - LAKE MEAD NATIONAL RECREATION AREA
-HEAD-
Sec. 460n-9. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated not more than
$7,100,000 for the acquisition of land and interests in land
pursuant to section 460n-1 of this title.
-SOURCE-
(Pub. L. 88-639, Sec. 10, Oct. 8, 1964, 78 Stat. 1041; Pub. L.
93-477, title I, Sec. 101(12), Oct. 26, 1974, 88 Stat. 1445.)
-MISC1-
AMENDMENTS
1974 - Pub. L. 93-477 substituted "$7,100,000" for "$1,200,000".
-End-
-CITE-
16 USC SUBCHAPTER LXXIII - DELAWARE WATER GAP NATIONAL
RECREATION AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIII - DELAWARE WATER GAP NATIONAL RECREATION AREA
-HEAD-
SUBCHAPTER LXXIII - DELAWARE WATER GAP NATIONAL RECREATION AREA
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 1274 of this title.
-End-
-CITE-
16 USC Sec. 460o 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIII - DELAWARE WATER GAP NATIONAL RECREATION AREA
-HEAD-
Sec. 460o. Establishment
-STATUTE-
In order to further the purposes of the joint resolution approved
September 27, 1961 (re Delaware River Basin compact; 75 Stat. 688),
and to provide in a manner coordinated with the other purposes of
the Tocks Island Reservoir project, for public outdoor recreation
use and enjoyment of the proposed Tocks Island Reservoir and lands
adjacent thereto by the people of the United States and for
preservation of the scenic, scientific, and historic features
contributing to public enjoyment of such lands and waters, the
Secretary of the Interior is authorized, as herein provided, to
establish and administer the Delaware Water Gap National Recreation
Area, hereinafter referred to as the "area", as part of the Tocks
Island Reservoir project, hereinafter referred to as "the project".
-SOURCE-
(Pub. L. 89-158, Sec. 1, Sept. 1, 1965, 79 Stat. 612.)
-REFTEXT-
REFERENCES IN TEXT
The joint resolution approved September 27, 1961, referred to in
text, is Pub. L. 87-328, which was not classified to the Code.
-MISC1-
JOSEPH M. MCDADE RECREATIONAL TRAIL
Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 118], Oct.
21, 1998, 112 Stat. 2681-231, 2681-257, provided that: "The 37 mile
River Valley Trail from the town of Delaware Gap to the edge of the
town of Milford, Pennsylvania located within the Delaware Water Gap
National Recreation Area shall hereafter be referred to in any law,
regulation, document, or record of the United States as the Joseph
M. McDade Recreational Trail."
DELAWARE WATER GAP NATIONAL RECREATION AREA CITIZEN ADVISORY
COMMISSION
Pub. L. 100-573, Oct. 31, 1988, 102 Stat. 2890, as amended by
Pub. L. 104-333, div. I, title VIII, Sec. 814(d)(1)(K), Nov. 12,
1996, 110 Stat. 4196; Pub. L. 105-355, title V, Sec. 507, Nov. 6,
1998, 112 Stat. 3264; Pub. L. 106-176, title III, Sec. 301, Mar.
10, 2000, 114 Stat. 31, provided that:
"SECTION 1. ESTABLISHMENT OF COMMISSION.
"There is established a commission to be known as the 'Delaware
Water Gap National Recreation Area Citizen Advisory Commission'
(hereafter in this Act referred to as the 'Commission'). The
Commission shall advise the Secretary of the Interior on matters
pertaining to the management and operation of the Delaware Water
Gap National Recreation Area, as well as on other matters affecting
the recreation area and its surrounding communities.
"SEC. 2. MEMBERSHIP OF COMMISSION.
"(a) Appointment. - The Commission shall be composed of the
following 11 members appointed not later than 60 days after the
date of the enactment of this Act [Oct. 31, 1988] from among
persons with knowledge of the recreation area:
"(1) 2 members appointed by the Secretary of the Interior
(hereafter in this Act referred to as the 'Secretary').
"(2) 2 members appointed by the Secretary from among residents
of New Jersey nominated by the Governor of New Jersey.
"(3) 2 members appointed by the Secretary from among residents
of Pennsylvania nominated by the Governor of Pennsylvania.
"(4) 1 member appointed by the Secretary from among the
residents of each of the following counties nominated by the
county administrator of each such county: Sussex County, New
Jersey, Warren County, New Jersey, Pike County, Pennsylvania,
Monroe County, Pennsylvania, and Northampton County,
Pennsylvania.
The Secretary shall ensure that the membership of the Commission is
fairly balanced in terms of the points of view represented and the
functions to be performed by the Commission.
"(b) Terms. - Members shall be appointed to the Commission for a
term of 4 years. A member may serve after the expiration of his
term until his successor has taken office.
"(c) Vacancies. - Any vacancy on the Commission shall be filled
in the manner in which the original appointment was made.
"(d) Prohibition of Additional Pay. - Members of the Commission
shall receive no additional pay, allowances, or benefits by reason
of their service on the Commission, but the Secretary may pay
expenses reasonably incurred in carrying out their responsibilities
under this Act on vouchers signed by the Chairperson.
"(e) Chairperson. - The Commission shall elect a chairperson from
among the members of the Commission.
"(f) Quorum. - A majority of the members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
"(g) Voting. - Each member of the Commission shall be entitled to
1 vote, which shall be equal to the vote of every other member of
the Commission.
"(h) Charter. - The provisions of section 14(b) of the Federal
Advisory Committee Act (Act of October 6, 1972; 86 Stat. 776) [set
out in the Appendix to Title 5, Government Organization and
Employees], are hereby waived with respect to this Advisory
Commission.
"SEC. 3. POWERS OF COMMISSION.
"(a) Hearings. - The Commission may, for the purpose of carrying
out its functions under section 1, hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence, as the Commission considers appropriate.
"(b) Meetings With Secretary of the Interior. - Members of the
Commission shall meet with the Secretary of the Interior or his
designee at least once every 6 months. Such meetings shall be open
to the public and shall be held at such times and in such places as
to encourage public participation. The Commission shall provide the
public with adequate notice of such meetings.
"(c) Rules and Regulations. - The Commission may adopt such rules
and regulations as may be necessary to establish its procedures and
to govern the manner of its operation.
"(d) Assistance From Federal Agencies. - Upon request of the
chairperson of the Commission, the head of any Federal agency or
instrumentality shall, to the extent possible and subject to the
discretion of such head make any of the facilities and services of
such agency or instrumentality available to the Commission.
"(e) Mails. - The Commission may use the United States mails in
the same manner and under the same conditions as other Federal
agencies.
"[SEC. 4. Repealed. Pub. L. 104-333, div. I, title VIII, Sec.
814(d)(1)(K), Nov. 12, 1996, 110 Stat. 4196.]
"SEC. 5. TERMINATION OF COMMISSION.
"The Commission shall terminate on the date that is 20 years
after the date of the enactment of this Act [Oct. 31, 1988].
"SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated such sums as may be
necessary to carry out this Act."
[Pub. L. 106-176, title III, Sec. 301, Mar. 10, 2000, 114 Stat.
31, provided that the amendment made by that section to section 507
of Pub. L. 105-355, cited as a credit above, is effective Nov. 6,
1998.]
-End-
-CITE-
16 USC Sec. 460o-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIII - DELAWARE WATER GAP NATIONAL RECREATION AREA
-HEAD-
Sec. 460o-1. Acquisition of lands
-STATUTE-
(a) Authority of Secretary of Army; transfer of jurisdiction over
lands to Secretary of the Interior; authority of such Secretary;
retention of use and occupancy rights; termination and transfer
of authority and funds; acquisition priorities
The Secretary of the Army is authorized and directed to acquire,
by such means as he may deem to be in the public interest, and as a
part of his acquisition of properties for the project, lands and
interests therein within the boundaries of the area, as generally
depicted on the drawing entitled "Proposed Tocks Island National
Recreation Area" dated and numbered September 1962, NRA-TI-7100,
which drawing is on file in the Office of the National Park
Service, Department of the Interior. In acquiring these lands, the
Secretary of the Army may utilize such statutory authorities as are
available to him for the acquisition of project lands: Provided,
That the Secretary of the Army shall acquire no lands or interests
in land by exchange for lands or interests in land in Federal
ownership unless the latter are in the States of Pennsylvania, New
Jersey, or New York. Periodically, and as soon as practicable after
such lands and interests within the area are acquired, the
Secretary of the Army shall transfer jurisdiction thereover to the
Secretary of the Interior for the purposes of this subchapter.
Beginning on November 10, 1978, the Secretary of the Interior is
authorized to acquire for purposes of the recreation area
established under this subchapter all lands and interests therein
within the exterior boundaries of the area depicted on the drawing
referred to in this subsection (including any lands within such
exterior boundaries designated for acquisition by the Secretary of
the Army in connection with the project referred to in this
subsection). In exercising such authority, the Secretary of the
Interior may permit the retention of rights of use and occupancy in
the same manner as provided in the case of acquisitions by the
Secretary of the Army under subsection (d) of this section. On
November 10, 1978, the acquisition authorities of any other Federal
agency contained in this subsection shall terminate and the head of
any other Federal agency shall transfer to the Secretary of the
Interior jurisdiction over all lands and interests therein acquired
by said agency under the authority of this subchapter, or any other
authority of law which lands are within the exterior boundaries of
the area depicted on the drawing referred to in this subsection. On
November 10, 1978, all unexpended balances available to any other
Federal agency for acquisition of land within the exterior
boundaries referred to in the preceding sentence shall be
transferred to the Secretary of the Interior to be used for such
purposes. In carrying out his acquisition authority under this
section the Secretary shall give priority to the following:
(1) completion of acquisition of lands for which condemnation
proceedings have been started pursuant to the authorization of
the project referred to in this subsection;
(2) acquisition of lands of beneficial owners, not being a
corporation, who in the judgment of the Secretary would suffer
hardship if acquisition of their lands were delayed;
(3) acquisition of lands on which, in the judgment of the
Secretary, there is an imminent danger of development that would
be incompatible with the purposes of the recreation area;
(4) acquisition of lands of beneficial owners, not being a
corporation, who are willing to sell their lands provided they
are able to continue to use it for noncommercial residential
purposes for a limited period of time which will not, in the
judgment of the Secretary, unduly interfere with the development
of public use facilities for such national recreation area,
pursuant to the authorization for such area;
(5) acquisition of scenic easements when, in the judgment of
the Secretary, such easements are sufficient to carry out the
purposes for which such national recreation area was authorized;
and
(6) acquisition of lands necessary to preserve the integrity of
the recreation area.
(b) Omission of designated lands from area
Notwithstanding the provisions of subsection (a) of this section,
the Secretary of the Interior is authorized, after consultation
with appropriate public officials of the affected political
subdivisions of the States of Pennsylvania or New Jersey, as the
case may be, to designate not more than three hundred acres
adjacent and contiguous to the Borough of Milford, Pennsylvania,
and not more than one thousand acres in Sussex County, New Jersey,
for omission from the Delaware Valley National Recreation Area and
the lands so designated shall not be acquired for said national
recreation area under authority of this subchapter.
(c) Extension of boundaries; study and report to Congress
The Secretary of the Interior shall investigate, study, and
report to the President and the Congress on the feasibility and
usefulness of extending the boundaries of the Delaware Water Gap
National Recreation Area to include, in whole or in part, that
portion of Tocks Island Reservoir which lies upstream from the
northern terminus of the national recreation area as shown on the
map hereinbefore referred to and lands adjacent to said portion of
said reservoir. No such extension of boundaries, however, shall be
made until authorized by Act of Congress.
(d) Noncommercial residential occupancy for life or fixed term of
years; price for property; "improved residential property"
defined; waiver of relocation assistance benefits or rights
The beneficial owner, not being a corporation, of a freehold
interest acquired before January 1, 1965, in improved residential
property within the area to be acquired by the Secretary of the
Army under authority of this subchapter, the continued use of which
property for noncommercial residential purposes for a limited time
will not, in the judgment of the Secretary of the Interior, unduly
interfere with the development of public-use facilities for the
national recreation area and will not, in the judgment of the
Secretary of the Army, unduly interfere with the operation of the
Tocks Island Reservoir project, may retain a right of use and
occupancy of such property for noncommercial residential purposes
for, as said owner may elect, either (i) a period terminating upon
his death or the death of his spouse, whichever occurs later, or
(ii) a term of not more than twenty-five years: Provided, That in
no case shall the period or term for which such right of use and
occupancy is retained extend beyond the term of the freehold
interest acquired by the United States. The price payable to the
owner of such property shall be reduced by an amount equal to the
value of the right retained. As used in this subchapter "improved
residential property" means a single-family year-round dwelling,
the construction of which was begun before January 21, 1963, which
dwelling serves as the owner's permanent place of abode at the time
of its acquisition by the United States, together with not more
than three acres of land on which the dwelling and appurtenant
buildings are located which land the Secretary of the Interior or
the Secretary of the Army, as the case may be, finds is reasonably
necessary for the owner's continued use and occupancy of the
dwelling: Provided, further, That whenever an owner of property
elects to retain a right of use and occupancy pursuant to this
subchapter, such owner shall be deemed to have waived any benefits
or rights under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.].
-SOURCE-
(Pub. L. 89-158, Sec. 2, Sept. 1, 1965, 79 Stat. 612; Pub. L.
92-575, Sec. 2, Oct. 27, 1972, 86 Stat. 1250; Pub. L. 95-625, title
III, Sec. 316, Nov. 10, 1978, 92 Stat. 3483.)
-REFTEXT-
REFERENCES IN TEXT
The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, referred to in subsec. (d), is Pub. L.
91-646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is
classified generally to chapter 61 (Sec. 4601 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4601 of
Title 42 and Tables.
-MISC1-
AMENDMENTS
1978 - Subsec. (a). Pub. L. 95-625 authorized acquisition of
lands within the exterior boundaries of the area by the Secretary
of the Interior, retention of use and occupancy rights, termination
of Federal agency authority over lands and transfer of authority
and funds to the Secretary of the Interior, and prescribed
acquisition priorities for the Secretary of the Interior.
1972 - Subsec. (d). Pub. L. 92-575 provided for waiver of
benefits or rights under the Uniform Relocation Assistance and Real (continued)