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(continued)
together with a map showing the boundaries of the recreation
area.
-SOURCE-
(Pub. L. 89-438, Sec. 2, May 31, 1966, 80 Stat. 190.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460r-3 of this title.
-End-
-CITE-
16 USC Sec. 460r-2 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-2. Acquisition of lands
-STATUTE-
(a) Authority of Secretary; manner and place; 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, including scenic or other easements within the boundaries
of the recreation area as he determines to be needed or desirable
for the purposes of this subchapter. Lands, waters, or interests
therein owned by the State of 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 purpose 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 Virginia under his
jurisdiction.
-SOURCE-
(Pub. L. 89-438, Sec. 3, May 31, 1966, 80 Stat. 190.)
-End-
-CITE-
16 USC Sec. 460r-3 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-3. Outdoor recreation facilities development
-STATUTE-
(a) Accelerated program
After the Secretary acquires an acreage within the area
designated pursuant to section 460r-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) Cooperation with Federal and State agencies
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. 89-438, Sec. 4, May 31, 1966, 80 Stat. 191.)
-End-
-CITE-
16 USC Sec. 460r-4 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-4. Administration, protection, and development of area
-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. 89-438, Sec. 5, May 31, 1966, 80 Stat. 191.)
-End-
-CITE-
16 USC Sec. 460r-5 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-5. Hunting and fishing
-STATUTE-
The Secretary shall permit hunting and fishing on lands and
waters under his jurisdiction within the Mount Rogers 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 Commission of Game
and Inland Fisheries of the State of Virginia.
-SOURCE-
(Pub. L. 89-438, Sec. 6, May, 31, 1966, 80 Stat. 191.)
-End-
-CITE-
16 USC SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL
LAKESHORE 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-End-
-CITE-
16 USC Sec. 460s 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s. Establishment
-STATUTE-
In order to preserve for the benefit, inspiration, education,
recreational use, and enjoyment of the public a significant portion
of the diminishing shoreline of the United States and its related
geographic and scientific features, the Secretary of the Interior
(hereinafter referred to as the "Secretary") is authorized to take
appropriate action, as herein provided, to establish in the State
of Michigan the Pictured Rocks National Lakeshore.
-SOURCE-
(Pub. L. 89-668, Sec. 1, Oct. 15, 1966, 80 Stat. 922.)
-End-
-CITE-
16 USC Sec. 460s-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s-1. Description of area
-STATUTE-
The area comprising that particular land and water depicted on
the map identified as "Proposed Pictured Rocks National Lakeshore,
United States Department of the Interior, National Park Service,
Boundary Map, NL-PR-7100A, July 1966", which is on file and
available for public inspection in the office of the National Park
Service of the Department of the Interior, is hereby designated for
establishment as the Pictured Rocks National Lakeshore. An exact
copy of such map shall be filed for publication in the Federal
Register within thirty days following October 15, 1966.
-SOURCE-
(Pub. L. 89-668, Sec. 2, Oct. 15, 1966, 80 Stat. 922.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460s-7 of this title.
-End-
-CITE-
16 USC Sec. 460s-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s-2. Establishment; notice in Federal Register
-STATUTE-
As soon as practicable after October 15, 1966, and following the
acquisition by the Secretary of an acreage within the boundaries of
the area which in his opinion is efficiently administrable for the
purposes of this subchapter, he shall establish the Pictured Rocks
National Lakeshore by publication of notice thereof in the Federal
Register.
-SOURCE-
(Pub. L. 89-668, Sec. 3, Oct. 15, 1966, 80 Stat. 922.)
-End-
-CITE-
16 USC Sec. 460s-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s-3. Pictured Rocks National Lakeshore Advisory Commission
-STATUTE-
(a) Establishment; termination
There is hereby established a Pictured Rocks National Lakeshore
Advisory Commission. Said commission shall terminate ten years
after the date the lakeshore is established pursuant to this
subchapter.
(b) Membership; term
The commission shall be composed of five members, each appointed
for a term of two years by the Secretary, as follows:
(1) Two members to be appointed from recommendations made by
the county in which the lakeshore is situated;
(2) Two members to be appointed from recommendations made by
the Governor of the State of Michigan; and
(3) One member to be designated by the Secretary.
(c) Chairman; vacancies
The Secretary shall designate one member to be chairman. Any
vacancy in the commission shall be filled in the same manner in
which the original appointment was made.
(d) Compensation and expenses
Members of the commission shall serve without compensation as
such. The Secretary is authorized to pay the expenses reasonably
incurred by the commission in carrying out its responsibilities
under this subchapter on vouchers signed by the chairman.
(e) Development consultations
The Secretary or his designee shall, from time to time, consult
with the commission with respect to the matters relating to the
development of the Pictured Rocks National Lakeshore.
-SOURCE-
(Pub. L. 89-668, Sec. 4, Oct. 15, 1966, 80 Stat. 922.)
-End-
-CITE-
16 USC Sec. 460s-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s-4. Hunting and fishing
-STATUTE-
In administering the lakeshore the Secretary shall permit hunting
and fishing on lands and waters under his jurisdiction in
accordance with the applicable laws of the United States and of
Michigan. The Secretary, after consultation with the Michigan
Department of Conservation, may designate zones and establish
periods where and when no hunting shall be permitted for reasons of
public safety, administration, or public use and enjoyment. The
Secretary shall, after consultation with such department, issue
regulations, consistent with this section, as he may determine
necessary to carry out the purposes of this section.
-SOURCE-
(Pub. L. 89-668, Sec. 5, Oct. 15, 1966, 80 Stat. 923.)
-End-
-CITE-
16 USC Sec. 460s-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s-5. Administration, protection, and development
-STATUTE-
(a) Utilization of authority for conservation and management of
natural resources
The administration, protection, and development of the Pictured
Rocks National Lakeshore shall be exercised by the Secretary,
subject to the provisions of sections 1, 2, 3, and 4 of this title,
as amended and supplemented, 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.
(b) Land and water use management plan; preparation and
implementation; provisions
In the administration, protection, and development of the
lakeshore, the Secretary shall prepare and implement a land and
water use management plan, which shall include specific provision
for -
(1) development of facilities to provide the benefits of public
recreation, including appropriate improvements to Alger County
Road H-58;
(2) protection of scenic, scientific, and historic features
contributing to public enjoyment; and
(3) such protection, management, and utilization (subject to
the provisions of sections 460s-8 and 460s-9 of this title) of
renewable natural resources, including forage and forest
products, as in the judgment of the Secretary is consistent with,
and does not significantly impair public recreation and
protection of scenic, scientific, and historic features
contributing to public enjoyment.
(c) Prohibition of certain construction
A scenic shoreline drive may not be constructed in the Pictured
Rocks National Lakeshore.
-SOURCE-
(Pub. L. 89-668, Sec. 6, Oct. 15, 1966, 80 Stat. 923; Pub. L.
105-378, title II, Sec. 202, Nov. 12, 1998, 112 Stat. 3398.)
-MISC1-
AMENDMENTS
1998 - Subsec. (b)(1). Pub. L. 105-378, Sec. 202(1), substituted
"including appropriate improvements to Alger County Road H-58" for
"including a scenic shoreline drive".
Subsec. (c). Pub. L. 105-378, Sec. 202(2), added subsec. (c).
-End-
-CITE-
16 USC Sec. 460s-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s-6. Taxing power
-STATUTE-
Nothing in this subchapter shall be construed as prohibiting
governmental jurisdiction in the State of Michigan from assessing
taxes upon any interest in real estate retained under the
provisions of section 460s-10 of this title to the owner of such
interest.
-SOURCE-
(Pub. L. 89-668, Sec. 7, Oct. 15, 1966, 80 Stat. 923.)
-End-
-CITE-
16 USC Sec. 460s-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s-7. Acquisition of property
-STATUTE-
(a) Authority of Secretary; manner and place; condemnation
authority
The Secretary is authorized, subject to the limitations,
conditions, and restrictions imposed by this subchapter, to acquire
the land, water, and other property, and improvements thereon, and
any interests therein (including easements) within the boundary
described in section 460s-1 of this title by donation, purchase
with donated or appropriated funds, transfer from any Federal
agency, exchange, or condemnation; except that such authority to
acquire by condemnation shall be exercised only in the manner and
to the extent specifically authorized in this subchapter.
(b) Sale offers; hardship from delay
In exercising his authority to acquire property under this
subchapter, the Secretary shall give immediate and careful
consideration to any offer made by an individual owning property
within the lakeshore to sell such property to the Secretary. In
considering any such offer, the Secretary shall take into
consideration any hardship to the owner which might result from any
undue delay in acquiring his property.
(c) State donations; transfer from Federal agency to administrative
jurisdiction of Secretary
Any property or interests therein, owned by the State of
Michigan, or any political subdivisions thereof, may be acquired
only by donation. Notwithstanding any other provision of law, any
Federal property located within such 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 carrying out the provisions of this subchapter.
(d) Negotiation and purchase; condemnation proceedings; fair market
value
The Secretary shall make every reasonable effort to acquire
property through negotiation and purchase. Where agreement is not
reached and condemnation proceedings are filed, the owner of such
property shall be paid the fair market value thereof as determined
in such proceedings.
(e) Condemnation to acquire clear, marketable and encumbrance-free
title
Nothing in this subchapter shall be construed to prohibit the use
of condemnation as a means of acquiring a clear and marketable
title, free of any and all encumbrances.
(f) Exchange of properties; cash equalization payments
In exercising his authority to acquire property by exchange the
Secretary may accept title to any non-Federal property within the
area designated by section 460s-1 of this title for inclusion in
the lakeshore, and in exchange therefor he may convey to the
grantor of such property any federally owned property under his
jurisdiction within the State of Michigan which he classifies as
suitable for exchange or other disposal. 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 or to the Secretary as the
circumstances require.
-SOURCE-
(Pub. L. 89-668, Sec. 8, Oct. 15, 1966, 80 Stat. 923.)
-End-
-CITE-
16 USC Sec. 460s-8 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s-8. Inland buffer zone
-STATUTE-
(a) Statement of purposes
The area hereinafter described in subsection (b) of this section
is hereby established as an inland buffer zone in order to
stabilize and protect the existing character and uses of the lands,
waters, and other properties within such zone for the purpose of
preserving the setting of the shoreline and lakes, protecting the
watersheds and streams, and providing for the fullest economic
utilization of the renewable resources through sustained yield
timber management and other resource management compatible with the
purposes of this subchapter.
(b) Description of area; places for examination of map
As used in this subchapter, the term "inland buffer zone" means
that part of the lakeshore delineated as such on the map identified
as "Proposed Pictured Rocks National Lakeshore, United States
Department of the Interior, National Park Service, Boundary Map,
NL-PR-7100A, July, 1966". The Secretary shall file the map with the
Office of the Federal Register, and it may also be examined in the
Offices of the Department of the Interior.
-SOURCE-
(Pub. L. 89-668, Sec. 9, Oct. 15, 1966, 80 Stat. 924.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460s-5 of this title.
-End-
-CITE-
16 USC Sec. 460s-9 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s-9. Property subject to condemnation
-STATUTE-
(a) Limitation on condemnation of improved or other property
The Secretary shall be prohibited from acquiring by condemnation
any (1) improved property within the inland buffer zone or (2)
property within the inland buffer zone during all times when, in
his judgment, such property is being used (A) for the growing and
harvesting of timber under a scientific program of selective
cutting and forest management, or (B) for commercial purposes, if
such commercial purposes are the same such purposes for which such
property is being used on December 31, 1964, so long as the use of
such improved or other property would further the purposes of this
subchapter and such use does not impair the usefulness and
attractiveness of the lakeshore.
(b) "Improved property" defined
As used in this subchapter, the term "improved property" shall
mean any one-family dwelling on which construction was begun before
December 31, 1964, together with so much of the land on which the
dwelling is situated (such land being in the same ownership as the
dwelling) as shall be reasonably necessary for the enjoyment of the
dwelling.
-SOURCE-
(Pub. L. 89-668, Sec. 10, Oct. 15, 1966, 80 Stat. 924.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460s-5 of this title.
-End-
-CITE-
16 USC Sec. 460s-10 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s-10. Acquisition of property
-STATUTE-
(a) Owner's retention of right of use and occupancy for residential
purposes for term of years or life; adjustment of compensation;
conveyance or lease of right for noncommercial residential
purposes
Any owner or owners of improved property on the date of its
acquisition by the Secretary may, as a condition to such
acquisition, retain, for a term of not to exceed twenty-five years,
or for a term ending at the death of such owner or owners, the
right of use and occupancy of such property for any residential
purpose which is not incompatible with the purposes of this
subchapter or which does not impair the usefulness and
attractiveness of the area designated for inclusion. The Secretary
shall pay to the owner the value of the property on the date of
such acquisition, less the value on such date of the right retained
by the owner. Where any such owner retains a right of use and
occupancy as herein provided, such right during its existence may
be conveyed or leased for noncommercial residential purposes in
accordance with the provisions of this section.
(b) Termination of use and occupancy because of noncompliance with
statutory uses; adjustment of compensation
Any deed or other instrument used to transfer title to property,
with respect to which a right of use and occupancy is retained
under this section, shall provide that such property shall not be
used for any purpose which is incompatible with purposes of this
subchapter, or which impairs the usefulness and attractiveness of
the lakeshore and if it should be so used, the Secretary shall have
authority to terminate such right. In the event the Secretary
exercises his power of termination under this subsection he shall
pay to the owner of the right terminated an amount equal to the
value of that portion of such right which remained unexpired on the
date of such termination.
(c) Land subject to lease of cottage or hunting lodge; new lease
for term of years or life; conditions of lease
Any land acquired by the Secretary under this subchapter on which
there is situated a cottage or hunting lodge which, on December 31,
1964, was under lease to any lessee or lessees shall, if such lease
is in effect on the date such land is so acquired, be acquired by
the Secretary subject to such lease and the right of such lessee or
lessees to continue using the property covered by such lease in
accordance with the provisions thereof. Upon the expiration of such
lease, the Secretary shall have the authority to enter into a lease
with such lessee or lessees authorizing them to continue using such
cottage or lodge (as the case may be) for a term of not to exceed
twenty-five years, or for a term ending at the death of such lessee
or lessees, subject to such conditions as may be prescribed by the
Secretary.
-SOURCE-
(Pub. L. 89-668, Sec. 11, Oct. 15, 1966, 80 Stat. 925.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460s-6 of this title.
-End-
-CITE-
16 USC Sec. 460s-11 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s-11. Zoning bylaws; assistance and consultation with
township or county officers or employees; technical aid payments
-STATUTE-
The Secretary shall, at the request of any township or county in
or adjacent to the lakeshore affected by this subchapter, assist
and consult with the appropriate officers and employees of such
township or county in establishing zoning bylaws. Such assistance
may include payments to the county or township for technical aid.
-SOURCE-
(Pub. L. 89-668, Sec. 12, Oct. 15, 1966, 80 Stat. 925.)
-End-
-CITE-
16 USC Sec. 460s-12 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s-12. Certificate of prohibition of authority for
acquisition by condemnation
-STATUTE-
The Secretary shall furnish to any interested person requesting
the same a certificate indicating, with respect to any property
which the Secretary has been prohibited from acquiring by
condemnation in accordance with provisions of this subchapter, that
such authority is prohibited and the reasons therefor.
-SOURCE-
(Pub. L. 89-668, Sec. 13, Oct. 15, 1966, 80 Stat. 925.)
-End-
-CITE-
16 USC Sec. 460s-13 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s-13. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated not more than
$6,873,000 for the acquisition of lands and interests in land in
connection with, and not more than $6,348,000 for development of,
the Pictured Rocks National Lakeshore.
-SOURCE-
(Pub. L. 89-668, Sec. 14, Oct. 15, 1966, 80 Stat. 925.)
-End-
-CITE-
16 USC Sec. 460s-14 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s-14. Pictured Rocks National Lakeshore boundary adjustment
-STATUTE-
The boundary of Pictured Rocks National Lakeshore is hereby
modified as depicted on the map entitled "Area Proposed for
Addition to Pictured Rocks National Lakeshore", numbered
625-80,043A, and dated July 1992.
-SOURCE-
(Pub. L. 104-333, div. I, title II, Sec. 203, Nov. 12, 1996, 110
Stat. 4106.)
-COD-
CODIFICATION
Section was enacted as part of the Omnibus Parks and Public Lands
Management Act of 1996, and not as part of Pub. L. 89-668 which
comprises this subchapter.
-End-
-CITE-
16 USC Sec. 460s-15 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE
-HEAD-
Sec. 460s-15. Pictured Rocks National Lakeshore boundary revision
-STATUTE-
(a) Transfer
As soon as practicable after November 25, 2002, the Administrator
of General Services may transfer to the Secretary, without
consideration, administrative jurisdiction over, and management of,
the public land.
(b) Boundary revision
The boundary of the Lakeshore is revised to include the public
land transferred under subsection (a) of this section.
(c) Availability of map
The map shall be on file and available for public inspection in
the appropriate offices of the National Park Service.
(d) Administration
The Secretary may administer the public land transferred under
section (!1) (a) of this section -
(1) as part of the Lakeshore; and
(2) in accordance with applicable laws (including regulations).
(e) Access to aids to navigation
The Secretary of Transportation, in consultation with the
Secretary, may access the front and rear range lights on the public
land for the purposes of servicing, operating, maintaining, and
repairing those lights.
(f) Definitions
In this section:
(1) Lakeshore
The term "Lakeshore" means the Pictured Rocks National
Lakeshore in the State of Michigan.
(2) Map
The term "map" means the map entitled "Proposed Addition to
Pictured Rocks National Lakeshore", numbered 625/80048, and dated
April 2002.
(3) Public land
The term "public land" means the approximately .32 acres of
United States Coast Guard land and improvements to the land,
including the United States Coast Guard Auxiliary Operations
Station and the front and rear range lights, as depicted on the
map.
(4) Secretary
The term "Secretary" means the Secretary of the Interior.
(g) Authorization of appropriations
There are authorized to be appropriated to the Secretary $225,000
to restore, preserve, and maintain the public land transferred
under subsection (a) of this section.
-SOURCE-
(Pub. L. 107-295, title IV, Sec. 437, Nov. 25, 2002, 116 Stat.
2129.)
-COD-
CODIFICATION
Section was enacted as part of the Omnibus Maritime and Coast
Guard Improvements Act of 2002, and also as part of the Maritime
Transportation Security Act of 2002, and not as part of Pub. L.
89-668 which comprises this subchapter.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-FOOTNOTE-
(!1) So in original. Probably should be "subsection".
-End-
-CITE-
16 USC SUBCHAPTER LXXVIII - BIGHORN CANYON NATIONAL
RECREATION AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVIII - BIGHORN CANYON NATIONAL RECREATION AREA
-HEAD-
SUBCHAPTER LXXVIII - BIGHORN CANYON NATIONAL RECREATION AREA
-End-
-CITE-
16 USC Sec. 460t 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVIII - BIGHORN CANYON NATIONAL RECREATION AREA
-HEAD-
Sec. 460t. Establishment
-STATUTE-
(a) In general; description of area
In order to provide for public outdoor recreation use and
enjoyment of the proposed Yellowtail Reservoir and lands adjacent
thereto in the States of Wyoming and Montana 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, there is hereby established the Bighorn Canyon National
Recreation Area to comprise the area generally depicted on the
drawing entitled "Proposed Bighorn Canyon National Recreation
Area", LNPMW-010A-BC, November 1964, which is on file in the Office
of the National Park Service, Department of the Interior.
(b) Publication in Federal Register; boundary descriptions and
adjustments
As soon as practicable after October 15, 1966, the Secretary of
the Interior shall publish in the Federal Register a detailed
description of the boundaries of the area which shall encompass, to
the extent practicable, the lands and waters shown on the drawing
referred to in subsection (a) of this section. The Secretary may
subsequently make adjustments in the boundary of the area, subject
to the provisions of section 460t-1(b) of this title, by
publication of an amended description in the Federal Register.
-SOURCE-
(Pub. L. 89-664, Sec. 1, Oct. 15, 1966, 80 Stat. 913.)
-End-
-CITE-
16 USC Sec. 460t-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVIII - BIGHORN CANYON NATIONAL RECREATION AREA
-HEAD-
Sec. 460t-1. Acquisition of land
-STATUTE-
(a) Authority of Secretary; manner and place; visitor contact
station and administrative site; exchange of property; cash
equalization payments; State property
The Secretary is authorized to acquire by donation, purchase with
donated or appropriated funds, exchange, or otherwise, lands and
interests in lands within the boundaries of the area. The Secretary
is further authorized to acquire, by any of the above methods, not
to exceed ten acres of land or interests therein outside of the
boundaries of the area in the vicinity of Lovell, Wyoming, for
development and use, pursuant to such special regulations as he may
promulgate, as a visitor contact station and administrative site.
In the exercise of his exchange authority the Secretary may accept
title to any non-Federal property within the area and convey in
exchange therefor any federally owned property under his
jurisdiction in the States of Montana and Wyoming which he
classifies as suitable for exchange or other disposal,
notwithstanding any other provision of law. Property 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. Any property or interest therein owned by the State of
Montana or the State of Wyoming or any political subdivision
thereof within the recreation area may be acquired only by donation
or exchange.
(b) Crow Indian tribal lands
No part of the tribal mountain lands or any other lands of the
Crow Indian Tribe of Montana shall be included within the
recreation area unless requested by the council of the tribe. The
Indian lands so included may be developed and administered in
accordance with the laws and rules applicable to the recreation
area, subject to any limitation specified by the tribal council and
approved by the Secretary.
(c) Crow Indian recreational facilities; "shoreline" defined
(1) Notwithstanding any other provisions of this subchapter or of
any other law, the Crow Indian Tribe shall be permitted to develop
and operate water-based recreational facilities, including landing
ramps, boathouses, and fishing facilities, along that part of the
shoreline of Yellowtail Reservoir which is adjacent to lands
comprising the Crow Indian Reservation. Any such part so developed
shall be administered in accordance with the laws and rules
applicable to the recreation area, subject to any limitations
specified by the tribal council and approved by the Secretary. Any
revenues resulting from the operation of such facilities may be
retained by the Crow Indian Tribe.
(2) As used in this subsection, the term "shoreline" means that
land which borders both Yellowtail Reservoir and the exterior
boundary of the Crow Indian Reservation, together with that part of
the reservoir necessary to the development of the facilities
referred to in this subsection.
-SOURCE-
(Pub. L. 89-664, Sec. 2, Oct. 15, 1966, 80 Stat. 913.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460t of this title.
-End-
-CITE-
16 USC Sec. 460t-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVIII - BIGHORN CANYON NATIONAL RECREATION AREA
-HEAD-
Sec. 460t-2. Administration
-STATUTE-
(a) Coordination
The Secretary shall coordinate administration of the recreation
area with the other purposes of the Yellowtail Reservoir project so
that it will in his judgment best provide (1) for public outdoor
recreation benefits, (2) for conservation of scenic, scientific,
historic, and other values contributing to public enjoyment and (3)
for management, utilization, and disposal of renewable natural
resources in a manner that promotes, or is compatible with, and
does not significantly impair, public recreation and conservation
of scenic, scientific, historic, or other values contributing to
public enjoyment.
(b) Utilization of statutory authorities
In the administration of the area for the purposes of this
subchapter, the Secretary may utilize such statutory authorities
relating to areas administered and supervised by the Secretary
through the National Park Service and such statutory authorities
otherwise available to him for the conservation and management of
natural resources as he deems appropriate to carry out the purposes
of this subchapter.
-SOURCE-
(Pub. L. 89-664, Sec. 3, Oct. 15, 1966, 80 Stat. 914.)
-End-
-CITE-
16 USC Sec. 460t-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVIII - BIGHORN CANYON NATIONAL RECREATION AREA
-HEAD-
Sec. 460t-3. Hunting and fishing
-STATUTE-
The Secretary shall permit hunting and fishing on lands and
waters under his jurisdiction within the recreation area in
accordance with the appropriate laws of the United States and of
the States of Montana or Wyoming to the extent applicable, except
that the Secretary may designate zones where, and establish periods
when, no hunting or fishing shall be permitted for reasons of
public safety, administration, fish or wildlife management, or
public use and enjoyment, and except that nothing in this section
shall impair the rights under other law of the Crow Tribe and its
members to hunt and fish on lands of the Crow Tribe that are
included in the recreation area, or the rights of the members of
the Crow Tribe to hunt and fish under section 2(d) of the Act of
July 15, 1958. Except in emergencies, any regulations of the
Secretary pursuant to this section shall be put into effect only
after consultation with the Montana Fish and Game Department or the
Wyoming Game and Fish Commission.
-SOURCE-
(Pub. L. 89-664, Sec. 4, Oct. 15, 1966, 80 Stat. 914.)
-REFTEXT-
REFERENCES IN TEXT
Section 2(d) of the Act of July 15, 1958, 72 Stat. 363, referred
to in text, provided that: "The members of the Crow Tribe of
Indians of Montana shall be permitted to hunt and fish in and on
the Yellowtail Reservoir and taking area without a license.", and
was not classified to the Code.
-End-
-CITE-
16 USC Sec. 460t-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVIII - BIGHORN CANYON NATIONAL RECREATION AREA
-HEAD-
Sec. 460t-4. Authorization of appropriations
-STATUTE-
There is hereby authorized to be appropriated not more than
$780,000 for the acquisition of land and interests in land pursuant
to this subchapter.
-SOURCE-
(Pub. L. 89-664, Sec. 5, Oct. 15, 1966, 80 Stat. 914; Pub. L.
92-272, title I, Sec. 101(3), Apr. 11, 1972, 86 Stat. 120.)
-MISC1-
AMENDMENTS
1972 - Pub. L. 92-272 increased the authorization of
appropriations from not more than $355,000 to not more than
$780,000.
-End-
-CITE-
16 USC SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL
LAKESHORE 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE
-HEAD-
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE
-End-
-CITE-
16 USC Sec. 460u 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE
-HEAD-
Sec. 460u. Establishment; description of area
-STATUTE-
In order to preserve for the educational, inspirational, and
recreational use of the public certain portions of the Indiana
dunes and other areas of scenic, scientific, and historic interest
and recreational value in the State of Indiana, the Secretary of
the Interior is authorized to establish and administer the Indiana
Dunes National Lakeshore (hereinafter referred to as the
"lakeshore") in accordance with the provisions of this subchapter.
The lakeshore shall comprise the area within the boundaries
delineated on a map identified as "Boundary Map, Indiana Dunes
National Lakeshore", dated October 1992, and numbered 626-80,039-C,
which map is on file and available for public inspection in the
office of the Director of the National Park Service, Department of
the Interior.
-SOURCE-
(Pub. L. 89-761, Sec. 1, Nov. 5, 1966, 80 Stat. 1309; Pub. L.
94-549, Sec. 1(1), Oct. 18, 1976, 90 Stat. 2529; Pub. L. 96-612,
Sec. 1(2), Dec. 28, 1980, 94 Stat. 3575; Pub. L. 99-583, Sec. 1(a),
Oct. 29, 1986, 100 Stat. 3318; Pub. L. 102-430, Sec. 3(a), Oct. 23,
1992, 106 Stat. 2208.)
-MISC1-
AMENDMENTS
1992 - Pub. L. 102-430, which directed amendment of section by
substituting "October 1992, and numbered 626-80,039-C" for "October
1986, and numbered 62680033-B", was executed by making the
substitution for "October 1986, and numbered 626-80,033-B" to
reflect the probable intent of Congress.
1986 - Pub. L. 99-583 substituted "October 1986, and numbered
626-80,033-B" for "December 1980, and bearing the number
626-91014".
1980 - Pub. L. 96-612 substituted "December 1980, and bearing the
number 626-91014" for "September 1976 and bearing the number
626-91007."
1976 - Pub. L. 94-549 substituted " 'Boundary Map, Indiana Dunes
National Lakeshore', dated September 1976 and bearing the number
'626-91007' " for " 'A Proposed Indiana Dunes National Lakeshore',
dated September 1966, and bearing the number 'LNPNE-1008-ID' ".
SHORT TITLE OF 1992 AMENDMENT
Section 1 of Pub. L. 102-430 provided that: "This Act [enacting
sections 460u-25 and 460u-26 of this title, amending this section
and sections 460u-3, 460u-5, 460u-9, and 460u-18 of this title, and
repealing section 460u-12 of this title] may be cited as the
'Indiana Dunes National Lakeshore Access and Enhancement Act'."
EFFECTIVE DATE OF AUTHORIZATIONS OF APPROPRIATIONS; AUTHORITY TO
CONTRACT, INCUR OBLIGATIONS, AND MAKE PAYMENTS
Section 2 of Pub. L. 96-612 provided that: "Authorizations of
moneys to be appropriated under this Act [enacting sections 460u-20
to 460u-23 of this title and amending this section and sections
460u-1, 460u-3, 460u-5, 460u-7, and 460u-9 of this title] shall be
effective on October 1, 1981. Notwithstanding any other provision
of this Act, authority to enter into contracts, to incur
obligations, or to make payments under this Act shall be effective
only to the extent, and in such amounts, as are provided in advance
in appropriation Acts."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460u-1, 460u-2, 460u-11,
460u-13, 460u-18, 460u-23, 460u-26 of this title.
-End-
-CITE-
16 USC Sec. 460u-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE
-HEAD-
Sec. 460u-1. Acquisition of property
-STATUTE-
(a) Authority of Secretary; negotiation for Indiana Dunes State
Park; exchange of property; acquisition of land owned for
educational purposes
Within the boundaries of the lakeshore the Secretary of the
Interior (hereinafter referred to as the "Secretary") is authorized
to acquire lands, waters, and other property, or any interest
therein, by donation, purchase with donated or appropriated funds,
exchange, or otherwise. The Indiana Dunes State Park may be
acquired only by donation of the State of Indiana, and the
Secretary is hereby directed to negotiate with the State for the
acquisition of said park. In exercising his authority to acquire
property by exchange for the purposes of this subchapter, the
Secretary may accept title to non-Federal property located within
the area described in section 460u of this title and convey to the
grantor of such property any federally owned property under the
jurisdiction of the Secretary which he classifies as suitable for
exchange or other disposal within the State of Indiana or Illinois.
Properties so exchanged shall be approximately equal in fair market
value, as determined by the Secretary who may, in his discretion,
base his determination on an independent appraisal obtained by him:
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. The Secretary is expressly authorized to
acquire by donation, purchase with donated or appropriated funds,
or exchange, lands or interests therein which are owned for school
or educational purposes by a State or a political subdivision
thereof.
(b) Liability of United States under contracts contingent on
appropriations
In exercising his authority to acquire property subsection (a) of
this section, the Secretary may enter into contracts requiring the
expenditure, when appropriated, of funds authorized to be
appropriated by section 460u-8 of this title, but the liability of
the United States under any such contract shall be contingent on
the appropriation of funds sufficient to fulfill the obligations
thereby incurred.
-SOURCE-
(Pub. L. 89-761, Sec. 2, Nov. 5, 1966, 80 Stat. 1309; Pub. L.
96-612, Sec. 1(3), (4), Dec. 28, 1980, 94 Stat. 3575.)
-MISC1-
AMENDMENTS
1980 - Subsec. (a). Pub. L. 96-612, Sec. 1(3), inserted provision
authorizing the Secretary to acquire or exchange lands or interests
therein owned for school or educational purposes by a State or
political subdivision thereof.
Subsec. (b). Pub. L. 96-612, Sec. 1(4), substituted "section
460u-8" for "section 460u-9".
ACQUISITION OF LANDS BY EXCHANGE
Pub. L. 97-356, Oct. 19, 1982, 96 Stat. 1703, provided: "That (a)
notwithstanding the fourth sentence of section 2(a) of the Act
entitled 'An Act to provide for the establishment of the Indiana
Dunes National Lakeshore, and for other purposes', approved
November 5, 1966 (16 U.S.C. 460u-1(a)), or any other provision of
law, the Secretary of the Interior is authorized -
"(1) to accept from the State of Indiana the conveyance of
69.17 acres of land located within area IV-A, as designated on
the map referred to in the first section of such Act (16 U.S.C.460u), commonly known as 'Blue Heron Rookery', and (continued)