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(continued)
Property Acquisition Policies Act of 1970, upon election to retain
right of use and occupancy pursuant to this subchapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460o-2, 460o-7 of this
title.
-End-
-CITE-
16 USC Sec. 460o-2 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-2. Designation of area; boundaries
-STATUTE-
(a) Publication in Federal Register; description of boundaries;
administration of transferred lands and waters
As soon as practicable after September 1, 1965, and following the
transfer to the Secretary of the Interior by the Secretary of the
Army of jurisdiction over those lands and interests therein within
the boundary generally depicted on the drawing described in section
460o-1 of this title which, in the opinion of the Secretary of the
Interior, constitute an efficiently administrable unit, the
Secretary of the Interior shall declare establishment of the area
by publication of notice thereof in the Federal Register. Such
notice shall contain a detailed description of the boundaries of
the area which shall encompass, to the extent practicable, the
lands and waters shown on said drawing. Prior to such
establishment, the Secretary of the Interior shall administer such
transferred lands and waters, consistent with the construction of
the project, for purposes in contemplation of the establishment of
the area pursuant to this subchapter.
(b) Adjustments in boundaries; publication in Federal Register;
acquisition of additional lands; acreage limitations
The Secretary of the Interior may subsequently make adjustments
in the boundary of the area by publication of the amended
description thereof in the Federal Register and acquire, by such
means as he may deem to be in the public interest, including an
exchange of excluded for included lands or interests therein with
or without the payment or receipt of money to equalize values,
additional lands and interests therein included in the area by
reason of the boundary adjustment: Provided, That the area
encompassed by such revised boundary shall not exceed the acreage
included within the detailed boundary first described pursuant to
this section.
(c) Continuance of existing uses
On lands acquired pursuant to this subchapter for recreation
purposes, the Secretary of the Army, with the concurrence of the
Secretary of the Interior, may permit the continuance of existing
uses consistent with the purposes of this subchapter.
-SOURCE-
(Pub. L. 89-158, Sec. 3, Sept. 1, 1965, 79 Stat. 613.)
-End-
-CITE-
16 USC Sec. 460o-3 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-3. Administration authorities for conservation,
management, or disposal of natural resources; coordination of
administrative responsibilities of the Secretary of the Interior
and Secretary of the Army
-STATUTE-
In the administration of the area for the purposes of this
subchapter, the Secretary of the Interior may utilize such
statutory authorities relating to areas of the national park system
and such statutory authorities otherwise available to him for the
conservation, management, or disposal of vegetative, mineral, or
fish or wildlife resources as he deems appropriate to carry out the
purposes of this subchapter. To assure consistent and effective
planning, development, and operation for all purposes of the
project, the Secretary of the Interior and the Secretary of the
Army shall coordinate the administration of their respective
responsibilities in the project; and such administration shall be
consistent with the joint resolution approved September 27, 1961
(re Delaware River Basin compact; 75 Stat. 688).
-SOURCE-
(Pub. L. 89-158, Sec. 4, Sept. 1, 1965, 79 Stat. 613.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460o-4 of this title.
-End-
-CITE-
16 USC Sec. 460o-4 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-4. Land and water use management plan; adoption,
implementation, and revision; provisions
-STATUTE-
In the administration of the area for the purposes of this
subchapter, the Secretary of the Interior, subject to provisions of
section 460o-3 of this title, shall adopt and implement, and may
from time to time revise, a land and water use management plan,
which shall include specific provision for, in order of priority -
(1) public outdoor recreation benefits;
(2) preservation of scenic, scientific, and historic features
contributing to public enjoyment;
(3) such utilization of natural resources as in the judgment of
the Secretary of the Interior is consistent with, and does not
significantly impair, public recreation and protection of scenic,
scientific, and historic features contributing to public
enjoyment.
-SOURCE-
(Pub. L. 89-158, Sec. 5, Sept. 1, 1965, 79 Stat. 614.)
-End-
-CITE-
16 USC Sec. 460o-5 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-5. Hunting and fishing
-STATUTE-
The Secretary of the Interior shall permit hunting and fishing on
lands and waters under his jurisdiction within the area in
accordance with the applicable laws and regulations of the States
concerned and of the United States. The Secretary of the Interior
may designate zones where, and establish periods when, no hunting
shall be permitted for reasons of public safety, wildlife
management, administration, or public use and enjoyment not
compatible with hunting, and may, in his plan for the area, provide
areas for intensive fish and wildlife management, including public
hunting and fishing, and shall issue appropriate regulations after
consultation with appropriate officials of the States concerned.
The Secretary of the Interior shall encourage such officials to
adopt uniform regulations applicable to the whole of the Delaware
Water Gap National Recreation Area.
-SOURCE-
(Pub. L. 89-158, Sec. 6, Sept. 1, 1965, 79 Stat. 614.)
-End-
-CITE-
16 USC Sec. 460o-6 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-6. Civil and criminal jurisdiction and taxing power of
State
-STATUTE-
Nothing in this subchapter shall be construed to deprive any
State or political subdivision thereof, of its right to exercise
civil and criminal jurisdiction over the lands and waters within
the area or of its right to tax persons, corporations, franchises,
or property on the lands and waters included in the area.
-SOURCE-
(Pub. L. 89-158, Sec. 7, Sept. 1, 1965, 79 Stat. 614.)
-End-
-CITE-
16 USC Sec. 460o-7 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-7. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated to the Secretary
of the Interior for the acquisition of lands and interests in land
pursuant to the provisions of section 460o-1 of this title and for
expenses incident thereto not more than $65,000,000 which moneys
shall be transferred to the Secretary of the Army. There are also
authorized to be appropriated not more than $18,200,000 for the
cost of installing and constructing recreation facilities on the
lands and interests in lands so acquired. The amounts herein
authorized to be appropriated are supplemental to those authorized
to be appropriated for the Tocks Island project and related
facilities by the Flood Control Act of 1962 (76 Stat. 1182).
-SOURCE-
(Pub. L. 89-158, Sec. 8, Sept. 1, 1965, 79 Stat. 614; Pub. L.
92-575, Sec. 1, Oct. 27, 1972, 86 Stat. 1250.)
-REFTEXT-
REFERENCES IN TEXT
The amounts authorized to be appropriated for the Tocks Island
project and related facilities by the Flood Control Act of 1962,
referred to in text, appear at 76 Stat. 1182, and were not
classified to the Code. The Flood Control Act of 1962 is Title II
of Pub. L. 87-874, Oct. 23, 1962, 76 Stat. 1173. For complete
classification of this Act to the Code, see Tables.
-MISC1-
AMENDMENTS
1972 - Pub. L. 92-575 substituted "$65,000,000" for
"$37,412,000".
-End-
-CITE-
16 USC SUBCHAPTER LXXIV - SPRUCE KNOB-SENECA ROCKS
NATIONAL RECREATION AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIV - SPRUCE KNOB-SENECA ROCKS NATIONAL RECREATION AREA
-HEAD-
SUBCHAPTER LXXIV - SPRUCE KNOB-SENECA ROCKS NATIONAL RECREATION
AREA
-End-
-CITE-
16 USC Sec. 460p 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIV - SPRUCE KNOB-SENECA ROCKS NATIONAL RECREATION AREA
-HEAD-
Sec. 460p. Establishment
-STATUTE-
In order to provide for the public outdoor recreation use and
enjoyment thereof by the people of the United States, the Secretary
of Agriculture shall establish the Spruce Knob-Seneca Rocks
National Recreation Area in the State of West Virginia.
-SOURCE-
(Pub. L. 89-207, Sec. 1, Sept. 28, 1965, 79 Stat. 843.)
-End-
-CITE-
16 USC Sec. 460p-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIV - SPRUCE KNOB-SENECA ROCKS NATIONAL RECREATION AREA
-HEAD-
Sec. 460p-1. Designation of area; acreage limitation; boundaries;
publication in Federal Register
-STATUTE-
The Secretary of Agriculture (hereinafter called the "Secretary")
shall -
(1) designate as soon as practicable after September 28, 1965,
the Spruce Knob-Seneca Rocks National Recreation Area within and
adjacent to, and as a part of, the Monongahela National Forest in
West Virginia, not to exceed in the aggregate one hundred
thousand acres comprised of the area including Spruce Knob, Smoke
Hole, and Seneca Rock, and lying primarily in the drainage of the
South Branch of the Potomac River, the boundaries of which shall
be those shown on the map entitled "Proposed Spruce Knob-Seneca
Rocks National Recreation Area", dated March 1965, which is on
file and available for public inspection in the office of the
Chief, Forest Service, Department of Agriculture; and
(2) publish notice of the designation in the Federal Register,
together with a map showing the boundaries of the recreation
area.
-SOURCE-
(Pub. L. 89-207, Sec. 2, Sept. 28, 1965, 79 Stat. 843.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460p-2, 460p-3 of this
title.
-End-
-CITE-
16 USC Sec. 460p-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIV - SPRUCE KNOB-SENECA ROCKS NATIONAL RECREATION AREA
-HEAD-
Sec. 460p-2. Acquisition of lands, etc.
-STATUTE-
(a) Authority of Secretary; manner and place; boundaries of
Monongahela National Forest; concurrence of State owner
The Secretary shall acquire by purchase with donated or
appropriated funds, by gift, exchange, condemnation, transfer from
any Federal agency, or otherwise, such lands, waters, or interests
therein within the boundaries of the recreation area as he
determines to be needed or desirable for the purposes of this
subchapter. For the purposes of section 460l-9 of this title, the
boundaries of the Monongahela National Forest, as designated by the
Secretary pursuant to section 460p-1 of this title, shall be
treated as if they were the boundaries of that forest on January 1,
1965. Lands, waters, or interests therein owned by the State of
West Virginia or any political subdivision of that State may be
acquired only with the concurrence of such owner.
(b) Transfer from Federal agency to administrative jurisdiction of
Secretary
Notwithstanding any other provision of law, any Federal property
located within the boundaries of the recreation area may, with the
concurrence of the agency having custody thereof, be transferred
without consideration to the administrative jurisdiction of the
Secretary for use by him in implementing the purposes of this
subchapter.
(c) Exchange of property
In exercising his authority to acquire lands by exchange the
Secretary may accept title to non-Federal property within the
recreation area and convey to the grantor of such property any
federally owned property in the State of West Virginia under his
jurisdiction.
(d) State expenditures for public schools, public roads, or other
public purposes
The portion of the moneys paid to the State of West Virginia
under the provisions of section 500 of this title for expenditure
for the benefit of Pendleton and Grant Counties, West Virginia, may
be expended as the State legislature may prescribe for the benefit
of such counties for public schools, public roads, or other public
purposes.
-SOURCE-
(Pub. L. 89-207, Sec. 3, Sept. 28, 1965, 79 Stat. 843.)
-End-
-CITE-
16 USC Sec. 460p-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIV - SPRUCE KNOB-SENECA ROCKS NATIONAL RECREATION AREA
-HEAD-
Sec. 460p-3. Outdoor recreation facilities development; cooperation
with Federal and State agencies
-STATUTE-
(a) After the Secretary acquires an acreage within the area
designated pursuant to paragraph (1) of section 460p-1 of this
title that is in his opinion efficiently administrable to carry out
the purposes of this subchapter, he shall institute an accelerated
program of development of facilities for outdoor recreation. Said
facilities shall be so devised to take advantage of the topography
and geographical location of the lands in relation to the growing
recreation needs of the people of the United States.
(b) The Secretary may cooperate with all Federal and State
authorities and agencies that have programs which will hasten
completion of the recreation area and render services which will
aid him in evaluating and effectuating the establishment of
adequate summer and winter outdoor recreation facilities.
-SOURCE-
(Pub. L. 89-207, Sec. 4, Sept. 28, 1965, 79 Stat. 843.)
-End-
-CITE-
16 USC Sec. 460p-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIV - SPRUCE KNOB-SENECA ROCKS NATIONAL RECREATION AREA
-HEAD-
Sec. 460p-4. Administration, protection, and development
-STATUTE-
The administration, protection, and development of the recreation
area shall be by the Secretary of Agriculture in accordance with
the laws, rules, and regulations applicable to national forests, in
such manner as in his judgment will best provide for (1) public
outdoor recreation benefits; (2) conservation of scenic,
scientific, historic, and other values contributing to public
enjoyment; and (3) such management, utilization, and disposal of
natural resources as in his judgment will promote, or is compatible
with, and does not significantly impair the purposes for which the
recreation area is established.
-SOURCE-
(Pub. L. 89-207, Sec. 5, Sept. 28, 1965, 79 Stat. 844.)
-End-
-CITE-
16 USC Sec. 460p-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIV - SPRUCE KNOB-SENECA ROCKS NATIONAL RECREATION AREA
-HEAD-
Sec. 460p-5. Hunting and fishing
-STATUTE-
The Secretary shall permit hunting and fishing on lands and
waters under his jurisdiction within the Spruce Knob-Seneca Rocks
National Recreation 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 Department of Natural
Resources of the State of West Virginia.
-SOURCE-
(Pub. L. 89-207, Sec. 6, Sept. 28, 1965, 79 Stat. 844.)
-End-
-CITE-
16 USC SUBCHAPTER LXXV - WHISKEYTOWN-SHASTA-TRINITY
NATIONAL RECREATION AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXV - WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION
AREA
-HEAD-
SUBCHAPTER LXXV - WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION
AREA
-End-
-CITE-
16 USC Sec. 460q 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXV - WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION
AREA
-HEAD-
Sec. 460q. Establishment; boundaries; administration; integrated
management policies
-STATUTE-
In order to provide, in a manner coordinated with the other
purposes of the Central Valley project, for the public outdoor
recreation use and enjoyment of the Whiskeytown, Shasta, Clair
Engle, and Lewiston reservoirs and surrounding lands in the State
of California by present and future generations and the
conservation of scenic, scientific, historic, and other values
contributing to public enjoyment of such lands and waters, there is
hereby established, subject to valid existing rights, the
Whiskeytown-Shasta-Trinity National Recreation Area in the State of
California (hereinafter referred to as the "recreation area"). The
boundaries of the recreation area, which consists of the
Whiskeytown unit, the Shasta unit, and the Clair Engle-Lewiston
unit, shall be those shown in drawing numbered BOR-WST 1004, dated
July 1963, entitled "Proposed Whiskeytown-Shasta-Trinity National
Recreation Area", which is on file and available for public
inspection in the office of the Director of the Bureau of Outdoor
Recreation, Department of the Interior. The Whiskeytown unit shall
be administered by the Secretary of the Interior; and the Shasta
and Clair Engle-Lewiston units shall be administered by the
Secretary of Agriculture, except that lands or waters needed or
used for the operation of the Central Valley project shall continue
to be administered by the Secretary of the Interior to the extent
he determines to be required for such operation. The two
Secretaries shall coordinate their planning and administration of
the respective units in such manner as to provide integrated
management policies for the recreation area as a whole for the
purposes of this subchapter in order to bring about uniformity to
the fullest extent feasible in the administration and use of the
recreation area.
-SOURCE-
(Pub. L. 89-336, Sec. 1, Nov. 8, 1965, 79 Stat. 1295.)
-CHANGE-
CHANGE OF NAME
Pub. L. 105-44, Sec. 1, Sept. 30, 1997, 111 Stat. 1141, provided
that:
"(a) Designation. - The reservoir created by Trinity Dam in the
Central Valley project, California, and designated as 'Clair Engle
Lake' by Public Law 88-662 (78 Stat. 1093) is hereby redesignated
as 'Trinity Lake'.
"(b) References. - Any reference in any law, regulation,
document, record, map, or other paper of the United States to the
reservoir referred to in subsection (a) shall be considered to be a
reference to 'Trinity Lake'.
"(c) Repeal of Earlier Designation. - Public Law 88-662 (78 Stat.
1093) is repealed."
-End-
-CITE-
16 USC Sec. 460q-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXV - WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION
AREA
-HEAD-
Sec. 460q-1. Acquisition of property
-STATUTE-
(a) Authority of Secretary concerned; manner and place; concurrence
of State owner; transfer from Federal agency to administrative
jurisdiction of appropriate Secretary; limitation of acquisition
of easements during existence of zoning ordinance; uniform policy
considerations
Within the boundaries of the portion of the recreation area under
his jurisdiction and outside such boundaries when required for the
construction or improvement of access roads thereto, each Secretary
is authorized to acquire lands, waters, or other property, or any
interest therein, in such manner, including exchange as hereinafter
provided, as he considers to be in the public interest to carry out
the purposes of this subchapter. In connection with any such
acquisition, each Secretary may permit the grantor a reservation of
all or any part of the minerals or of any other interest or right
of use in such lands or waters on such terms and conditions as the
Secretary may deem appropriate. Any property or interest therein
owned by the State of California or any political subdivision
thereof within the recreation area may be acquired under the
authority of this subchapter only with the concurrence of the
owner. Notwithstanding any other provision of law, any Federal
property located within the recreation area may, with the
concurrence of the agency having custody thereof, be transferred
without consideration to the administrative jurisdiction of the
appropriate Secretary for use by him in carrying out the purposes
of this subchapter.
The Secretary of the Interior, in order to assure public access
to Clear Creek and to provide hiking and horseback riding trails
for the public, may, as he deems necessary for these purposes
acquire such easements or other interests on either or both sides
of Clear Creek between the south boundary of the Whiskeytown unit
and the highway at Igo, California.
The Secretary of Agriculture is authorized to acquire scenic
easements or such other interests, including ownership of the land
therein, as he determines to be appropriate to protect and assure
the appearance of a strip of land not to exceed six hundred and
sixty feet on each side of the centerline of Federal Aid Secondary
Highway Numbered 1089 between the points where said highway crosses
the south line of sections 19 and 20, township 35 north, range 8
west, and where it crosses the south line of section 18, township
36 north, range 7 west, on the northwesterly side of the Clair
Engle-Lewiston unit: Provided, That such easements or interests
shall not be acquired without the consent of the owners so long as
the appropriate local zoning agency shall have in force and
applicable to such property a duly adopted, valid, zoning ordinance
that, in the judgment of the Secretary of Agriculture, conforms to
the zoning standards set forth in regulations issued pursuant to
subsection (e) of this section.
The two Secretaries shall engage in mutual consultation with
respect to such acquisition and to exchange transactions so as to
promote uniform policies therefor insofar as practicable, taking
into consideration the purposes of the recreation area as a whole,
the responsibility of the Secretary of the Interior for the
administration of federally owned minerals and of the Central
Valley project, and the responsibility of the Secretary of
Agriculture for the administration of national forests.
(b) Exchange of property; cash equalization payments; value of
mineral interests
When the public interests will be benefited thereby, the
Secretary of the Interior and the Secretary of Agriculture are each
authorized to accept title to any non-Federal property within any
part of the recreation area and in exchange therefor convey to the
grantor of such property any federally owned property under his
jurisdiction within the State of California which he classifies as
suitable for exchange or other disposal, notwithstanding any other
provision of law. The properties so exchanged shall be
approximately equal in fair market value: Provided, That the
Secretary of the Interior or the Secretary of Agriculture, as the
case may be, may accept cash from or pay cash to the grantor in
such exchange in order to equalize the value of the properties
exchanged. The Secretary of Agriculture shall obtain the
concurrence of the Secretary of the Interior with respect to the
value of any mineral interests in any such exchange proposed to be
made by the Secretary of Agriculture.
(c) Reservation of use and occupancy of improved property for
noncommercial residential purposes; term; valuation
Any owner or owners of improved residential property on the date
of its acquisition by either Secretary may, as a condition to such
acquisition, retain the right of use and occupancy of the property
by himself and members of his immediate family for noncommercial
residential purposes for a term ending at the death of such owner,
the death of his spouse, or the day his last surviving child
reaches the age of thirty, whichever is the latest. The value of
the right retained shall be taken into consideration by the
respective Secretary in determining the value of the property being
acquired.
(d) Limitation of acquisition of improved property during existence
of zoning ordinance; "improved property" defined
Privately owned "improved property" or interests therein shall
not be acquired under this subchapter without the consent of the
owner so long as an appropriate local zoning agency shall have in
force and applicable to such property a duly adopted, valid, zoning
ordinance that is approved by the Secretary having jurisdiction of
the unit wherein the property is located. The term "improved
property" as used in this subchapter shall mean any building or
group of related buildings the actual construction of which was
begun before February 7, 1963, together with not more than three
acres of the land in the same ownership on which the building or
group of buildings is situated: Provided, That the respective
Secretary may exclude from improved property any shore or waters,
together with so much of the land adjoining such shore or waters as
he deems necessary for public access thereto.
(e) Zoning regulations; amendments; standards for ordinances;
commercial or industrial use prohibition; use, acreage, frontage,
setback, density, height, or other requirements; notice of
variances; approval of ordinances
Prior to the approval of any zoning ordinance for the purposes of
this section, the Secretary of the Interior and the Secretary of
Agriculture shall jointly issue regulations, which may be amended
from time to time, specifying standards for such zoning ordinances.
Standards specified in such regulations shall have the object of
(1) prohibiting new commercial or industrial uses, other than
commercial or industrial uses which the Secretaries consider to be
consistent with the purposes of this subchapter; (2) promoting the
protection and development of properties for purposes of this
subchapter by means of use, acreage, frontage, setback, density,
height, or other requirements; and (3) providing that the
appropriate Secretary shall receive notice of any variance granted
under, or any exception made to, the application of the zoning
ordinance. Following issuance of such regulations, each Secretary
shall approve any zoning ordinance or any amendment to an approved
zoning ordinance submitted to him that conforms to the standards
contained in the regulations in effect at the time of adoption of
the ordinance or amendment. Such approval shall remain effective
for so long as such ordinance or amendment remains in effect as
approved.
(f) Termination of suspension of authority for acquisition without
owner's consent because of nonconforming variances and uses
The suspension of the respective Secretary's authority to acquire
any improved property without the owner's consent shall
automatically cease if (1) such property is made the subject of a
variance or exception to any applicable zoning ordinance that does
not conform to any applicable standard contained in regulations
issued pursuant to this section; or (2) if such property is put to
any use which does not conform to any applicable zoning ordinance.
(g) Certificate of suspension of authority for acquisition without
owner's consent
Each Secretary shall furnish to any party in interest upon
request a certificate indicating the property with respect to which
the Secretary's authority to acquire without the owner's consent is
suspended.
(h) Development plans; certification of Secretary of Agriculture;
suspension of authority for acquisition without owner's consent;
exception
Within the Shasta and Clair Engle-Lewiston units any owner of
unimproved property who proposes to develop his property or a part
thereof for service to the public may submit to the Secretary of
Agriculture a development plan which shall set forth the manner in
which and the time by which the property is to be developed and the
use to which it is proposed to be put. If upon review of such plan
the Secretary determines that the development and use of the
property in the manner prescribed conforms to a zoning ordinance
approved in accordance with the provisions of this section and that
such use and development would serve the purposes of this
subchapter, the Secretary of Agriculture may in his discretion
issue to such owner a certificate to that effect. Upon the issuance
of any such certificate and so long as such property is developed,
maintained, and used in conformity therewith, the authority of the
Secretary of Agriculture to acquire such property or any interest
therein without the consent of the owner shall be suspended. This
subsection shall not apply to any property which the Secretary of
Agriculture determines to be needed for easements and rights-of-way
for access, utilities, or facilities, or for administrative sites,
campgrounds, or other areas needed for use by the United States for
visitors to the national recreation area.
-SOURCE-
(Pub. L. 89-336, Sec. 2, Nov. 8, 1965, 79 Stat. 1295.)
-End-
-CITE-
16 USC Sec. 460q-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXV - WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION
AREA
-HEAD-
Sec. 460q-2. Establishment of units; publication in Federal
Register; boundary descriptions
-STATUTE-
(a) Shasta; Clair Engle-Lewiston
When the Secretary of Agriculture determines that sufficient
lands, waters, or interest therein are owned or have been acquired
by the United States within the boundaries of the Shasta unit or
within the boundaries of the Clair Engle-Lewiston unit to permit
efficient initial development and administration for the purposes
of this subchapter, he shall publish in the Federal Register a
notice to that effect and a detailed description of the boundaries
of such unit.
(b) Whiskeytown
When the Secretary of the Interior determines that sufficient
lands, waters, or interest therein are owned or have been acquired
by the United States within the boundaries of the Whiskeytown unit
to permit efficient initial development and administration for the
purposes of this subchapter, he shall publish in the Federal
Register a notice to that effect and a detailed description of the
boundaries of the unit.
(c) Acquisition of property
Following the publication of any such notice, the respective
Secretaries may continue to acquire the remaining property within
the recreation area.
-SOURCE-
(Pub. L. 89-336, Sec. 3, Nov. 8, 1965, 79 Stat. 1297.)
-End-
-CITE-
16 USC Sec. 460q-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXV - WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION
AREA
-HEAD-
Sec. 460q-3. Administration; land and water use management plans,
preparation and revision; utilization of statutory authorities
-STATUTE-
(a) Each Secretary is authorized and directed to administer the
portion of the recreation area under his jurisdiction in a manner
coordinated with the other purposes of the Central Valley project
and with the purposes of the recreation area as a whole and in such
manner as in his judgment will best provide for (1) public outdoor
recreation benefits; (2) conservation of scenic, scientific,
historic, and other values contributing to public enjoyment; and
(3) such management, utilization, and disposal of renewable natural
resources as in the judgment of the respective Secretary will
promote or is compatible with, and does not significantly impair,
public recreation and conservation of scenic, scientific, historic,
or other values contributing to public enjoyment. Such
administration shall be carried out under land and water use
management plans which each Secretary shall prepare and may from
time to time revise in consultation with the other.
(b) In the administration of the portion of the recreation area
under his jurisdiction -
(1) the Secretary of Agriculture shall utilize statutory
authorities relating to the national forests in such manner as he
deems appropriate to carry out the purposes of this subchapter;
and
(2) the Secretary of the Interior may utilize such statutory
authorities relating to areas of the national park system and
such statutory authority otherwise available to him for the
conservation and development of natural resources as he deems
appropriate to carry out the purposes of this subchapter.
-SOURCE-
(Pub. L. 89-336, Sec. 4, Nov. 8, 1965, 79 Stat. 1298.)
-End-
-CITE-
16 USC Sec. 460q-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXV - WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION
AREA
-HEAD-
Sec. 460q-4. Hunting and fishing
-STATUTE-
Each Secretary shall permit hunting and fishing on lands and
waters under his jurisdiction within the recreation area in
accordance with the applicable laws of the State of California and
of the United States: Provided, That each Secretary may designate
zones where, and establish periods when, no hunting or fishing
shall be permitted for reasons of public safety, administration, or
public use and enjoyment not compatible with hunting or fishing.
Regulations prescribing any such restrictions shall be issued after
consultation with the California Department of Fish and Game.
-SOURCE-
(Pub. L. 89-336, Sec. 5, Nov. 8, 1965, 79 Stat. 1298.)
-End-
-CITE-
16 USC Sec. 460q-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXV - WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION
AREA
-HEAD-
Sec. 460q-5. Mineral development; payment of receipts into certain
funds or accounts in Treasury; disposition of receipts
-STATUTE-
The lands within the recreation area, subject to valid existing
rights, are hereby withdrawn from location, entry, and patent under
the United States mining laws. The Secretary of the Interior, under
such regulations as he deems appropriate, may permit the removal of
the nonleasable minerals from lands or interests in lands under his
jurisdiction within the recreation area in the manner prescribed by
section 387 of title 43, and from those under the jurisdiction of
the Secretary of Agriculture within the recreation area in
accordance with the provisions of section 192c of title 30, and he
may permit the removal of leasable minerals from lands or interests
in lands within the recreation area in accordance with the Mineral
Leasing Act of February 25, 1920, as amended [30 U.S.C. 181 et
seq.], or the Acquired Lands Mineral Leasing Act of August 7, 1947
[30 U.S.C. 351 et seq.], if he finds that such disposition would
not have significant adverse effects on the purposes of the Central
Valley project or the administration of the recreation area:
Provided, That any lease or permit respecting such minerals in
lands administered by the Secretary of Agriculture shall be issued
only with his consent and subject to such conditions as he may
prescribe.
All receipts derived from permits and leases issued under the
authority of this section on lands administered by the Secretary of
Agriculture shall be paid into the same funds or accounts in the
Treasury of the United States and shall be distributed in the same
manner as provided for other receipts from the lands affected by
the lease or permit, except that any receipts derived from permits
or leases issued on those or other lands in the recreation area
under the Mineral Leasing Act of February 25, 1920, as amended, or
the Act of August 7, 1947, shall be disposed of as provided in the
applicable Act; and receipts from the disposition of nonleasable
minerals from public lands under the jurisdiction of the Secretary
of the Interior shall be disposed of in the same manner as moneys
received from the sale of public lands.
-SOURCE-
(Pub. L. 89-336, Sec. 6, Nov. 8, 1965, 79 Stat. 1298.)
-REFTEXT-
REFERENCES IN TEXT
The United States mining laws, referred to in text, are
classified generally to Title 30, Mineral Lands and Mining.
The Mineral Leasing Act of February 25, 1920, as amended,
referred to in text, is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as
amended, known as the Mineral Leasing Act, which is classified
generally to chapter 3A (Sec. 181 et seq.) of Title 30. For
complete classification of this Act to the Code, see Short Title
note set out under section 181 of Title 30 and Tables.
The Acquired Lands Mineral Leasing Act of August 7, 1947,
referred to in text, is act Aug. 7, 1947, ch. 513, 61 Stat. 913, as
amended, which is classified generally to chapter 7 (Sec. 351 et
seq.) of Title 30. For complete classification of this Act to the
Code, see Short Title note set out under section 351 of Title 30
and Tables.
-End-
-CITE-
16 USC Sec. 460q-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXV - WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION
AREA
-HEAD-
Sec. 460q-6. State jurisdiction
-STATUTE-
Nothing in this subchapter shall deprive any State or political
subdivision thereof of its right to exercise civil and criminal
jurisdiction within the recreation area or of its right to tax
persons, corporations, franchises, or property, including mineral
or other interests, in or on lands or waters within the recreation
area.
-SOURCE-
(Pub. L. 89-336, Sec. 7, Nov. 8, 1965, 79 Stat. 1299.)
-End-
-CITE-
16 USC Sec. 460q-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXV - WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION
AREA
-HEAD-
Sec. 460q-7. Shasta and Trinity National Forests; additions of
lands
-STATUTE-
The exterior boundaries of the Shasta National Forest in the
State of California are hereby extended to include the lands
described in the Act of March 19, 1948 (62 Stat. 83), and sections
22 and 27, township 35 north, range 1 west, Mount Diablo base and
meridian. The exterior boundaries of the Trinity National Forest in
the State of California are hereby extended to include all of
sections 4, 5, and 8, the east half and the northwest quarter of
section 6, the east half of section 7, the northwest quarter of
section 17, and the northeast quarter of section 18, township 33
north, range 8 west, Mount Diablo base and meridian. Subject to any
valid claim or entry now existing and hereafter legally maintained,
all public lands of the United States and all lands of the United
States heretofore or hereafter acquired or reserved for use in
connection with the Shasta, Clair Engle, or Lewiston Reservoirs of
the Central Valley project within the exterior boundaries of the
Shasta and Trinity National Forests which have not heretofore been
added to and made a part of such forests, and all lands of the
United States acquired for the purposes of the recreation area in
the Shasta or Clair Engle-Lewiston units are hereby added to and
made a part of the respective national forests within which they
are situated: Provided, That lands within the flow lines of any
reservoir operated and maintained by the Department of the Interior
or otherwise needed or used for the operation of the Central Valley
project shall continue to be administered by the Secretary of the
Interior to the extent he determines to be required for such
operation.
-SOURCE-
(Pub. L. 89-336, Sec. 8, Nov. 8, 1965, 79 Stat. 1299.)
-REFTEXT-
REFERENCES IN TEXT
Act of March 19, 1948 (62 Stat. 83), referred to in text, is act
Mar. 19, 1948, ch. 139, 62 Stat. 83. See paragraph entitled "Shasta
National Forest" set out in the Codification note under sections
486a to 486w of this title.
-CHANGE-
CHANGE OF NAME
Clair Engle Reservoir, referred to in text, redesignated "Trinity
Lake" by section 1 of Pub. L. 105-44, set out as a note under
section 460q of this title.
-End-
-CITE-
16 USC Sec. 460q-8 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXV - WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION
AREA
-HEAD-
Sec. 460q-8. 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 except that
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. 89-336, Sec. 9, Nov. 8, 1965, 79 Stat. 1300.)
-End-
-CITE-
16 USC Sec. 460q-9 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXV - WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION
AREA
-HEAD-
Sec. 460q-9. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated for the
acquisition of lands and interests in land pursuant to the
provisions of this subchapter not more than $21,600,000. There are
also authorized to be appropriated not more than $24,649,000 for
the development of recreation facilities pursuant to the provisions
of this subchapter.
-SOURCE-
(Pub. L. 89-336, Sec. 10, Nov. 8, 1965, 79 Stat. 1300; Pub. L.
95-625, title I, Sec. 101(27), Nov. 10, 1978, 92 Stat. 3472.)
-MISC1-
AMENDMENTS
1978 - Pub. L. 95-625 increased development appropriations
authorization to $24,649,000 from $22,700,000.
-End-
-CITE-
16 USC SUBCHAPTER LXXVI - MOUNT ROGERS NATIONAL
RECREATION AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVI - MOUNT ROGERS NATIONAL RECREATION AREA
-HEAD-
SUBCHAPTER LXXVI - MOUNT ROGERS NATIONAL RECREATION AREA
-End-
-CITE-
16 USC Sec. 460r 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVI - MOUNT ROGERS NATIONAL RECREATION AREA
-HEAD-
Sec. 460r. Establishment
-STATUTE-
In order to provide for the public outdoor recreation use and
enjoyment of the area in the vicinity of Mount Rogers, the highest
mountain in the State of Virginia, and to the extent feasible the
conservation of scenic, scientific, historic, and other values of
the area, the Secretary of Agriculture shall establish the Mount
Rogers National Recreation Area in the Jefferson National Forest in
the State of Virginia.
-SOURCE-
(Pub. L. 89-438, Sec. 1, May 31, 1966, 80 Stat. 190.)
-End-
-CITE-
16 USC Sec. 460r-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVI - MOUNT ROGERS NATIONAL RECREATION AREA
-HEAD-
Sec. 460r-1. Designation of area; boundaries; publication in
Federal Register
-STATUTE-
The Secretary of Agriculture (hereinafter called the "Secretary")
shall -
(1) designate as soon as practicable after May 31, 1966, the
Mount Rogers National Recreation Area within and adjacent to, and
as a part of, the Jefferson National Forest in Virginia comprised
of the area the boundaries of which shall be those shown on the
map entitled "Proposed Mount Rogers National Recreation Area",
dated 1965, which is on file and available for public inspection
in the office of the Chief, Forest Service, Department of
Agriculture; and
(2) publish notice of the designation in the Federal Register, (continued)