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(continued)

-STATUTE-
(a) Commitment to reclaim land at no expense to Federal Government
The Secretary may not acquire such lands within the western
section of area I-E, as designated on map numbered 626-91007, which
have been used for solid waste disposal until he has received a
commitment, in accordance with a plan acceptable to him, to reclaim
such lands at no expense to the Federal Government.
(b) Cooperation with State of Indiana or subdivision thereof to
develop area
With respect to the property identified as area I-E on map
numbered 626-91007, the Secretary may enter into a cooperative
agreement whereby the State of Indiana or any political subdivision
thereof may undertake to develop, manage, and interpret such area
in a manner consistent with the purposes of this subchapter.

-SOURCE-
(Pub. L. 89-761, Sec. 17, formerly Sec. 18; as added and renumbered
Pub. L. 94-549, Sec. 1(8), (9), Oct. 18, 1976, 90 Stat. 2531,
2533.)

-End-



-CITE-
16 USC Sec. 460u-18 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-18. Study of areas III-A, III-C, and II-A; report to
Congressional committees

-STATUTE-
(a) By July 1, 1977, the Secretary shall prepare and transmit to
the Committees on Interior and Insular Affairs of the United States
Congress a study of areas III-A, III-C, and II-A, as designated on
map numbered 626-91007. The Secretary shall make reasonable
provision for the timely participation of the State of Indiana,
local public officials, affected property owners, and the general
public in the formulation of said study, including, but not limited
to, the opportunity to testify at a public hearing. The record of
such hearing shall accompany said study. With respect to areas
III-A and III-C, the study shall (a) address the desirability of
acquisition of any or all of the area from the standpoint of
resource management, protection, and public access; (b) develop
alternatives for the control of beach erosion if desirable,
including recommendations, if control is necessary, of assessing
the costs of such control against those agencies responsible for
such erosion; (c) consider and propose options to guarantee public
access to and use of the beach area, including the location of
necessary facilities for transportation, health, and safety; (d)
detail the recreational potential of the area and all available
alternatives for achieving such potential; (e) review the
environmental impact upon the lakeshore resulting from the
potential development and improvement of said areas; and (f) assess
the cost to the United States from both the acquisition of said
areas together with the potential savings from the retention of
rights of use and occupancy and from the retention of the
boundaries of the lakeshore, as designated on map numbered
626-91007, including the costs of additional administrative
responsibilities necessary for the management of the lakeshore,
including the maintenance of public services in the town of Beverly
Shores, Indiana. With respect to area II-A, the Secretary shall
study and report concerning the following objectives: (a)
preservation of the remaining dunes, wetlands, native vegetation,
and animal life within the area; (b) preservation and restoration
of the watersheds of Cowles Bog and its associated wetlands; (c)
appropriate public access to and use of lands within the area; (d)
protection of the area and the adjacent lakeshore from degradation
caused by all forms of construction, pollution, or other adverse
impacts including, but not limited to, the discharge of wastes and
any excessive subsurface migration of water; and (e) the economic
consequences to the utility and its customers of acquisition of
such area.
(b)(1) The Secretary shall enter into a memorandum of agreement
with the Northern Indiana Public Service Company (referred to as
"NIPSCO") that shall provide for the following with respect to the
area referred to as Unit II-A on the map described in section 460u
of this title (referred to as the "Greenbelt"):
(A) NIPSCO shall provide the National Park Service with access
for resource management and interpretation through the Greenbelt
and across the dike for purposes of a public hiking trail.
(B) The National Park Service shall have rights of access for
resource management and interpretation of the Greenbelt area.
(C) NIPSCO shall preserve the Greenbelt in its natural state.
If NIPSCO utilizes the Greenbelt temporarily for a project
involving pollution mitigation or construction on its adjacent
facilities, it shall restore the project area to its natural
state.
(D) If NIPSCO proposes a different use for the Greenbelt,
NIPSCO shall notify the National Park Service, the Committee on
Energy and Natural Resources of the Senate and the Committee on
Interior and Insular Affairs of the House of Representatives and
make no change in the use of the property until three years after
the date notice is given.

(2) If a memorandum of agreement is entered into pursuant to
paragraph (1), so long as the memorandum of agreement is in effect
and is being performed, the Secretary may not acquire lands or
interests in land in the Greenbelt belonging to NIPSCO.

-SOURCE-
(Pub. L. 89-761, Sec. 18, formerly Sec. 19, as added and renumbered
Pub. L. 94-549, Sec. 1(8), (9), Oct. 18, 1976, 90 Stat. 2532, 2533;
Pub. L. 102-430, Sec. 5, Oct. 23, 1992, 106 Stat. 2209.)


-MISC1-
AMENDMENTS
1992 - Pub. L. 102-430 designated existing provisions as subsec.
(a) and added subsec. (b).

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the Senate, referred
to in subsec. (a), abolished and replaced by Committee on Energy
and Natural Resources of the Senate, effective Feb. 11, 1977. See
Rule XXV of Standing Rules of the Senate, as amended by Senate
Resolution No. 4 (popularly cited as the "Committee System
Reorganization Amendments of 1977"), approved Feb. 4, 1977.
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. 460u-19 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-19. Acquisition of land outside present boundaries;
notice to Congressional committees; publication in Federal
Register

-STATUTE-
After notifying the Committees on Interior and Insular Affairs of
the United States Congress, in writing, of his intentions to do so
and of the reasons therefor, the Secretary may, if he finds that
such lands would make a significant contribution to the purposes
for which the lakeshore was established, accept title to any lands,
or interests in lands, located outside the present boundaries of
the lakeshore but contiguous thereto or to lands acquired under
this section, such lands the State of Indiana or its political
subdivisions may acquire and offer to donate to the United States
or which any private person, organization, or public or private
corporation may offer to donate to the United States and he shall
administer such lands as a part of the lakeshore after publishing
notice to that effect in the Federal Register.

-SOURCE-
(Pub. L. 89-761, Sec. 19, formerly Sec. 20, as added and renumbered
Pub. L. 94-549, Sec. 1(8), (9), Oct. 18, 1976, 90 Stat. 2532,
2533.)

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the Senate abolished
and replaced by Committee on Energy and Natural Resources of the
Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of
the Senate, as amended by Senate Resolution No. 4 (popularly cited
as the "Committee System Reorganization Amendments of 1977"),
approved Feb. 4, 1977.
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. 460u-20 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-20. Paul H. Douglas Ecological and Recreational Unit and
Center for Environmental Education

-STATUTE-
(a) Dedication of lakeshore
The Indiana Dunes National Lakeshore is hereby dedicated to the
memory of Paul H. Douglas in grateful recognition of his leadership
in the effort to protect, preserve, and enhance the natural,
scientific, historic, and recreational value of the lakeshore for
the use, enjoyment, and edification of present and future
generations.
(b) Establishment
To further accomplish the purposes of subsection (a) of this
section, the Secretary of the Interior shall designate the west
unit of the lakeshore as the "Paul H. Douglas Ecological and
Recreational Unit" and shall, subject to appropriations being
granted, design and construct a suitable structure or designate an
existing structure within the lakeshore to be known as the "Paul H.
Douglas Center for Environmental Education" which shall provide
facilities designed primarily to familiarize students and other
visitors with, among other things: (1) the natural history of the
lakeshore and its association with the natural history of the Great
Lakes region; (2) the evolution of human activities in the area;
and (3) the historical features which led to the establishment of
the lakeshore by the Congress of the United States.
(c) Preparation of informative materials
To inform the public of the contributions of Paul H. Douglas to
the creation of the lakeshore, the Secretary of the Interior shall
provide such signs, markers, maps, interpretive materials,
literature, and programs as he deems appropriate.

-SOURCE-
(Pub. L. 89-761, Sec. 20, as added Pub. L. 96-612, Sec. 1(1), Dec.
28, 1980, 94 Stat. 3575.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460u-9 of this title.

-End-



-CITE-
16 USC Sec. 460u-21 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-21. Public access study

-STATUTE-
(a) Preservation of lakeshore and conservation of energy
The Secretary in consultation with the Secretary of
Transportation, shall conduct a study of various modes of public
access into and within the lakeshore which are consistent with the
preservation of the lakeshore and conservation of energy by
encouraging the use of transportation modes other than personal
motor vehicles.
(b) Utilization of clearinghouse resources and facilities
In carrying out the study, the Secretary shall utilize to the
greatest extent practicable the resources and facilities of the
organizations designated as clearinghouses under section 6506 of
title 31 as implemented by Office of Management and Budget Circular
A-95, and which have comprehensive planning responsibilities in the
regions where the lakeshore is located, as well as any other
agencies or organizations which the Secretary may designate. The
Secretary shall make provision for timely and substantive
consultations with the appropriate agencies of the States of
Indiana and Illinois, local elected officials, and the general
public in the formulation and implementation of the study.
(c) Adequacy of access facilities
The study shall address the adequacy of access facilities for
members of the public who desire to visit and enjoy the lakeshore.
Consideration shall be given to alternatives for alleviating the
dependence on automobile transportation. The study of public
transportation facilities shall cover the distance from cities of
thirty-five thousand population or more within fifty miles of the
lakeshore.
(d) Access proposals; retention of lakeshore values
The study shall include proposals deemed necessary to assure
equitable visitor access and public enjoyment by all segments of
the population, including those who are physically or economically
disadvantaged. It shall provide for retention of the natural,
scenic, and historic values for which the lakeshore was
established, and shall propose plans and alternatives for the
protection and maintenance of these values as they relate to
transportation improvements.
(e) Renovation and preservation of South Shore Railroad
The study shall examine proposals for the renovation and
preservation of a portion of the existing South Shore Railroad
passenger car fleet. The study shall consider the historic value of
the existing rolling stock and its role in transporting visitors
into and within the lakeshore.
(f) Alternative improvement plans; cost estimates; sources of
funding
The study shall present alternative plans to improve, construct,
and extend access roads, public transportation, and bicycle and
pedestrian trails. It shall include cost estimates of all plans
considered in this study, and shall discuss existing and proposed
sources of funding for the implementation of the recommended plan
alternatives.
(g) Submittal to Congress
The study shall be completed and presented to the Congress within
two complete fiscal years from the effective date of this
provision.
(h) Authorization of appropriations
Effective October 1, 1981, there is hereby authorized to be
appropriated not to exceed $200,000 for this study.

-SOURCE-
(Pub. L. 89-761, Sec. 21, as added Pub. L. 96-612, Sec. 1(11), Dec.
28, 1980, 94 Stat. 3576.)

-REFTEXT-
REFERENCES IN TEXT
The effective date of this provision, referred to in subsec. (g),
probably means the date of enactment of Pub. L. 96-612, which was
approved Dec. 28, 1980.

-COD-
CODIFICATION
In subsec. (b), "section 6506 of title 31" substituted for "title
IV of the Intergovernmental Cooperation Act of 1968 [42 U.S.C. 4231
et seq.]" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted Title 31,
Money and Finance.

-End-



-CITE-
16 USC Sec. 460u-22 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-22. Consideration of property owner's hardship in
property acquisition

-STATUTE-
In exercising his authority to acquire property under this
subchapter, the Secretary shall give prompt and careful
consideration to any offer made by an individual owning property
within the lakeshore to sell such property, if such individual
notifies the Secretary in writing that the continued ownership of
such property is causing, or would result in, undue hardship.

-SOURCE-
(Pub. L. 89-761, Sec. 22, as added Pub. L. 96-612, Sec. 1(12), Dec.
28, 1980, 94 Stat. 3577.)

-End-



-CITE-
16 USC Sec. 460u-23 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-23. Acquisition of interest in area VII-A

-STATUTE-
(a) Public access requirements
The Secretary may acquire only such interest in that portion of
area VII-A which is described in subsection (b) of this section as
the Secretary determines is necessary to assure public access over
said portion of area VII-A.
(b) Portion of area VII-A subject to acquisition
The portion of area VII-A, as designated on the map referred to
in section 460u of this title, to which subsection (a) of this
section applies is a parcel of land bounded -
(1) on the east by a line three hundred feet east of the
electrical transmission line crossing area VII-A on January 1,
1979;
(2) on the west by a line fifty feet west of such electrical
transmission line; and
(3) on the north and south by the northern and southern
boundaries, respectively, of area VII-A.
(c) Boundaries of area VII-A
Area VII-A includes the bed of the railroad tracks forming the
northern and northwestern boundaries of this area and extends to
the northern edge of the bed of the railroad tracks forming the
southern boundaries of this area.
(d) Inclusion in area I-D
Area I-D includes the bed of the railroad tracks along the
northern boundary of this area.
(e) Exclusions from area VII-C
The area designated as area VII-C on the map referred to in
section 460u of this title does not include approximately 1.3 acres
of land on which the Linde Air Products plant is situated, nor does
it include approximately 1 acre of land on which the Old Union
Station building and the adjacent REA building are situated. Except
as provided in the foregoing sentence, area VII-C extends to, but
does not include, the beds of the railroad tracks forming the
northern and southern boundaries of such area.

-SOURCE-
(Pub. L. 89-761, Sec. 23, as added Pub. L. 96-612, Sec. 1(13), Dec.
28, 1980, 94 Stat. 3577.)

-End-



-CITE-
16 USC Sec. 460u-24 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-24. Little Calumet River and Burns/Portage Waterway

-STATUTE-
(a) Cooperative agreement
The Secretary may enter into a cooperative agreement with the
Little Calumet River Basin Development Commission, the State of
Indiana or any political subdivision thereof for the planning,
management, and interpretation of recreational facilities on the
tract within the boundaries of Indiana Dunes National Lakeshore
identified as tract numbered 09-177 or on lands under the
jurisdiction of the State of Indiana or political subdivision
thereof along the Little Calumet River and Burns Waterway. The
cooperative agreement may include provision for the planning of
public facilities for boating, canoeing, fishing, hiking,
bicycling, and other compatible recreational activities. Any
recreational developments on lands under the jurisdiction of the
National Park Service planned pursuant to this cooperative
agreement shall be in a manner consistent with the purposes of this
subchapter, including section 460u-6(b) of this title.
(b) Study
The Secretary shall conduct a study regarding the options
available for linking the portions of the lakeshore which are
divided by the Little Calumet River and Burns/Portage Waterway so
as to coordinate the management and recreational use of the
lakeshore. The Secretary shall submit the results of the study to
the Committee on Interior and Insular Affairs of the United States
House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate within two years after
October 29, 1986. Effective October 1, 1986, there is authorized to
be appropriated such sums as may be necessary for the purposes of
conducting the study.

-SOURCE-
(Pub. L. 89-761, Sec. 24, as added Pub. L. 99-583, Sec. 1(i), Oct.
29, 1986, 100 Stat. 3320.)

-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. 460u-25 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-25. Cooperative agreement with Gary, Indiana

-STATUTE-
In furtherance of the purposes of this subchapter, the Secretary
may enter into a cooperative agreement with the city of Gary,
Indiana, pursuant to which the Secretary may provide technical
assistance in interpretation, planning, and resource management for
programs and developments in the city of Gary's Marquette Park and
Lake Street Beach.

-SOURCE-
(Pub. L. 89-761, Sec. 25, as added Pub. L. 102-430, Sec. 6, Oct.
23, 1992, 106 Stat. 2209.)

-End-



-CITE-
16 USC Sec. 460u-26 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-26. Units VII-D and I-M

-STATUTE-
(a) Before acquiring lands or interests in lands in Unit VII-D
(as designated on the map described in section 460u of this title)
the Secretary shall consult with the Commissioner of the Indiana
Department of Transportation to determine what lands or interests
in lands are required by the State of Indiana for improvements to
15th Avenue (including the extension known as Old Hobart Road) and
reconstruction and relocation of the intersection of 15th Avenue
and State Road 51 so that the acquisition by the Secretary of lands
or interests in lands in Unit VII-D will not interfere with planned
improvements to the interchange and 15th Avenue in the area.
(b) Before acquiring lands or interests in lands in Unit I-M (as
designated on the map referred to in section 460u of this title)
the Secretary shall consult with the Commissioner of the Indiana
Department of Transportation to determine what lands or interests
in lands are required by the State of Indiana for improvements to
State Road 49 and reconstruction and relocation of the interchange
with State Road 49 and U.S. 20 so that the acquisition by the
Secretary of lands or interests in lands in Unit I-M will not
interfere with planned improvements to such interchange and State
Road 49 in the area.

-SOURCE-
(Pub. L. 89-761, Sec. 26, as added Pub. L. 102-430, Sec. 7, Oct.
23, 1992, 106 Stat. 2209.)

-End-


-CITE-
16 USC SUBCHAPTER LXXX - FLAMING GORGE NATIONAL
RECREATION AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXX - FLAMING GORGE NATIONAL RECREATION AREA

-HEAD-
SUBCHAPTER LXXX - FLAMING GORGE NATIONAL RECREATION AREA

-End-



-CITE-
16 USC Sec. 460v 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXX - FLAMING GORGE NATIONAL RECREATION AREA

-HEAD-
Sec. 460v. Establishment

-STATUTE-
In order to provide, in furtherance of the purposes of the
Colorado River storage project, for the public outdoor recreation
use and enjoyment of the Flaming Gorge Reservoir and surrounding
lands in the States of Utah and Wyoming 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 Flaming Gorge
National Recreation Area in the States of Utah and Wyoming
(hereinafter referred to as the "recreation area"). The boundaries
of the recreation area shall be those shown on the map entitled
"Proposed Flaming Gorge National Recreation Area," which is on file
and available for public inspection in the office of the Chief,
Forest Service, Department of Agriculture.

-SOURCE-
(Pub. L. 90-540, Sec. 1, Oct. 1, 1968, 82 Stat. 904.)


-MISC1-
DUTCH JOHN FEDERAL PROPERTY DISPOSITION AND ASSISTANCE
Pub. L. 105-326, Oct. 30, 1998, 112 Stat. 3040, as amended by
Pub. L. 106-176, title III, Sec. 303, Mar. 10, 2000, 114 Stat. 32,
related to disposition of certain Federal properties located in
Dutch John, Utah, and to assistance to local government in interim
delivery of basic services to Dutch John community.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460v-2, 460v-5 of this
title.

-End-



-CITE-
16 USC Sec. 460v-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXX - FLAMING GORGE NATIONAL RECREATION AREA

-HEAD-
Sec. 460v-1. Administration, protection, and development by
Secretary of Agriculture; administration of land or waters for
Colorado River storage project by Secretary of the Interior

-STATUTE-
The administration, protection, and development of the recreation
area shall be by the Secretary of Agriculture (hereinafter called
the "Secretary") in accordance with the laws, rules, and
regulations applicable to national forests, in a manner coordinated
with the other purposes of the Colorado River storage project, 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
natural resources as in his judgment will promote or are compatible
with, and do not significantly impair the purposes for which the
recreation area is established: Provided, That lands or waters
needed or used for the operation of the Colorado River storage
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. 90-540, Sec. 2, Oct. 1, 1968, 82 Stat. 904.)

-End-



-CITE-
16 USC Sec. 460v-2 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXX - FLAMING GORGE NATIONAL RECREATION AREA

-HEAD-
Sec. 460v-2. Boundaries; adjustments; publication in Federal
Register

-STATUTE-
Within six months after October 1, 1968, the Secretary shall
publish in the Federal Register a detailed description of the
boundaries of the recreation area. Following such publication, the
Secretary may make minor adjustments in the boundary of the
recreation area by publication of the amended description thereof
in the Federal Register: Provided, That the total acreage of the
recreation area within the adjusted boundary does not exceed the
acreage of the recreation area as shown on the map referred to in
section 460v of this title.

-SOURCE-
(Pub. L. 90-540, Sec. 3, Oct. 1, 1968, 82 Stat. 904.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460v-5 of this title.

-End-



-CITE-
16 USC Sec. 460v-3 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXX - FLAMING GORGE NATIONAL RECREATION AREA

-HEAD-
Sec. 460v-3. Hunting, fishing, and trapping

-STATUTE-
The Secretary shall permit hunting, fishing, and trapping on the
lands and waters under his jurisdiction within the recreation area
in accordance with the applicable Federal and State laws: 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. Nothing in this
subchapter shall affect the jurisdiction or responsibilities of the
States of Utah and Wyoming under other provisions of State laws
with respect to hunting and fishing.

-SOURCE-
(Pub. L. 90-540, Sec. 4, Oct. 1, 1968, 82 Stat. 904.)

-End-



-CITE-
16 USC Sec. 460v-4 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXX - FLAMING GORGE NATIONAL RECREATION AREA

-HEAD-
Sec. 460v-4. Lands withdrawn from location, entry, and patent under
United States mining laws; removal of minerals; receipts,
disposition

-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 within
the recreation area in the manner prescribed by section 387 of
title 43, 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 24, 1920,(!1)
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 Colorado River storage project and the
Secretary of Agriculture finds that such disposition would not have
significant adverse effects on the purposes of the recreation area:
Provided, That any lease or permit respecting such minerals in the
recreation area shall be issued only with the consent of the
Secretary of Agriculture and subject to such conditions as he may
prescribe.

All receipts derived from permits and leases issued under the
authority of this section for removal of nonleasable minerals 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 receipts from national forests. Any receipts derived
from permits or leases issued on 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.

-SOURCE-
(Pub. L. 90-540, Sec. 5, Oct. 1, 1968, 82 Stat. 904.)

-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.

-FOOTNOTE-
(!1) So in original. Probably should be "February 25, 1920,".


-End-



-CITE-
16 USC Sec. 460v-5 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXX - FLAMING GORGE NATIONAL RECREATION AREA

-HEAD-
Sec. 460v-5. Ashley National Forest; addition of lands of Flaming
Gorge National Recreation Area

-STATUTE-
The boundaries of the Ashley National Forest are hereby extended
to include all of the lands not presently within such boundaries
lying within the recreation area as described in accordance with
sections 460v and 460v-2 of this title.

-SOURCE-
(Pub. L. 90-540, Sec. 6, Oct. 1, 1968, 82 Stat. 905.)

-End-



-CITE-
16 USC Sec. 460v-6 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXX - FLAMING GORGE NATIONAL RECREATION AREA

-HEAD-
Sec. 460v-6. Addition of lands to Forest; administration of land
for Colorado River storage project by Secretary of the Interior

-STATUTE-
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 Colorado River storage
project within the exterior boundaries of the recreation area which
have not heretofore been added to and made a part of the Ashley
National Forest, and all lands of the United States acquired for
the purpose of the recreation area, are hereby added to and made a
part of the Ashley National Forest: 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 Colorado River storage 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. 90-540, Sec. 7, Oct. 1, 1968, 82 Stat. 905.)

-End-



-CITE-
16 USC Sec. 460v-7 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXX - FLAMING GORGE NATIONAL RECREATION AREA

-HEAD-
Sec. 460v-7. Availability of land and water conservation fund
moneys

-STATUTE-
Funds hereafter appropriated and available for the acquisition of
lands and waters and interests therein in the national forest
system pursuant to section 460l-9 of this title, shall be available
for the acquisition of any lands, waters, and interests therein
within the boundaries of the recreation area.

-SOURCE-
(Pub. L. 90-540, Sec. 8, Oct. 1, 1968, 82 Stat. 905.)

-End-



-CITE-
16 USC Sec. 460v-8 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXX - FLAMING GORGE NATIONAL RECREATION AREA

-HEAD-
Sec. 460v-8. State and local 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 consistent with the
provisions of this subchapter or of its right to tax persons,
corporations, franchises, or other non-Federal property, including
mineral or other interests, in or on lands or waters within the
recreation area.

-SOURCE-
(Pub. L. 90-540, Sec. 9, Oct. 1, 1968, 82 Stat. 905.)

-End-


-CITE-
16 USC SUBCHAPTER LXXXI - APOSTLE ISLANDS NATIONAL
LAKESHORE 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXI - APOSTLE ISLANDS NATIONAL LAKESHORE

-HEAD-
SUBCHAPTER LXXXI - APOSTLE ISLANDS NATIONAL LAKESHORE

-End-



-CITE-
16 USC Sec. 460w 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXI - APOSTLE ISLANDS NATIONAL LAKESHORE

-HEAD-
Sec. 460w. Establishment; boundaries

-STATUTE-
In order to conserve and develop for the benefit, inspiration,
education, recreational use, and enjoyment of the public certain
significant islands and shoreline of the United States and their
related geographic, scenic, and scientific values, there is hereby
established the Apostle Islands National Lakeshore (hereinafter
referred to as the "lakeshore") in Ashland and Bayfield Counties,
Wisconsin, consisting of:
(a) In general
the (!1) area generally depicted on the map entitled "Apostle
Islands National Lakeshore", numbered NL-AI-91,000, sheets 1 and
2, and dated June 1970; and

(b) Long Island addition
Approximately 200 acres of land at the mouth of Chequamegon Bay
known as "Long Island", as depicted on the map numbered
NL-AI-91,001 and dated December, 1985..(!2)


The maps shall be on file and available for public inspection in
the office of the Director, National Park Service, Department of
the Interior.

-SOURCE-
(Pub. L. 91-424, Sec. 1, Sept. 26, 1970, 84 Stat. 880; Pub. L.
99-497, Sec. 1(1), Oct. 17, 1986, 100 Stat. 1267.)


-MISC1-
AMENDMENTS
1986 - Pub. L. 99-497 designated the provision specifying the
boundaries of the Apostle Islands National Lakeshore as the area
depicted on the map numbered NL-AI-91,000 as par. (a), substituted
"1970; and" for "1970", added par. (b), and in provision following
par. (b) substituted "maps" for "map".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460w-3, 460w-7 of this
title.

-FOOTNOTE-
(!1) So in original. Probably should be capitalized.



(!2) So in original.


-End-



-CITE-
16 USC Sec. 460w-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXI - APOSTLE ISLANDS NATIONAL LAKESHORE

-HEAD-
Sec. 460w-1. Boundaries not to include lands held in trust by
United States for Red Cliff Band or Bad River Band of Lake
Superior Chippewa Indians; exceptions

-STATUTE-
No lands held in trust by the United States for either the Red
Cliff Band or Bad River Band of the Lake Superior Chippewa Indians,
or for allottees thereof, shall be acquired or included within the
boundaries of the lakeshore established by this subchapter, with
the following exception:
If the Indians who own more than 50 per centum of the interest
in allotment number 74 GL or allotment number 135 in the Red
Cliff Reservation agree to sell the allotment to the Secretary of
the Interior (hereinafter referred to as the "Secretary"), the
Secretary may consent to the sale on behalf of the other owners,
purchase the allotment for the negotiated price and revise the
boundaries of the lakeshore to include the allotment.

-SOURCE-
(Pub. L. 91-424, Sec. 2, Sept. 26, 1970, 84 Stat. 880.)

-End-



-CITE-
16 USC Sec. 460w-2 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXI - APOSTLE ISLANDS NATIONAL LAKESHORE

-HEAD-
Sec. 460w-2. Acquisition of property; authority of Secretary; State
and Federal lands

-STATUTE-
The Secretary may acquire within the boundaries of the lakeshore
lands and interests therein by donation, purchase with donated or
appropriated funds, or exchange, but lands and interests in lands
owned by the State of Wisconsin may be acquired only by donation.
Notwithstanding any other provision of law, any Federal property
located within the boundaries of the lakeshore is hereby
transferred without transfer of funds to the administrative
jurisdiction of the Secretary for the purposes of the lakeshore:
Provided, That the United States Coast Guard may retain a right to
utilize a portion of such land and facilities for use as
navigational aids so long as may be required.

-SOURCE-
(Pub. L. 91-424, Sec. 3, Sept. 26, 1970, 84 Stat. 880; Pub. L.
99-497, Sec. 1(2), Oct. 17, 1986, 100 Stat. 1267.)


-MISC1-
AMENDMENTS
1986 - Pub. L. 99-497 substituted "is hereby" for "may, with the
concurrence of the agency having custody thereof, be" and inserted
proviso permitting the United States Coast Guard to utilize a
portion of the lands and facilities for use as navigational aids as
long as required.


-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.

-End-



-CITE-
16 USC Sec. 460w-3 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXI - APOSTLE ISLANDS NATIONAL LAKESHORE

-HEAD-
Sec. 460w-3. Retention rights of owners of improved property

-STATUTE-
(a) Designation of lands as administrative site, visitor center,
and related facilities; election by owners of term of rights
retained; adjustment of compensation
With the exception of not more than eighty acres of land to be
designated within the lakeshore boundaries by the Secretary as an
administrative site, visitor center, and related facilities, as
soon as practicable, any owner or owners of improved property on
the date of its acquisition by the Secretary may, as a condition of
such acquisition, retain for themselves and their successors or
assigns a right of use and occupancy of the improved property for
noncommercial residential purposes for a definite term not to
exceed twenty-five years, or, in lieu thereof, for a term ending at
the death of the owner, or the death of his spouse, whichever is
the later. The owner shall elect the term to be reserved. The
Secretary shall pay to the owner the fair market value of the
property on the date of such acquisition less the fair market value
on such date of the right retained by the owner.
(b) Termination right of Secretary upon determination that retained
property or any portion thereof has ceased to be used for
noncommercial residential or agricultural purposes; adjustment of
compensation
A right of use and occupancy retained pursuant to this section
may be terminated with respect to the entire property by the
Secretary upon his determination that the property or any portion
thereof has ceased to be used for noncommercial residential or for
agricultural purposes, and upon tender to the holder of a right an
amount equal to the fair market value, as of the date of the
tender, of that portion of the right which remains unexpired on the
date of termination.
(c) "Improved property" defined
The term "improved property", as used in this section, shall mean
a detached, noncommercial residential dwelling, the construction of
which was begun before January 1, 1967, or before January 1, 1985
for those lands referred to in section 460w(b) of this title
(hereinafter referred to as "dwelling"), together with so much of
the land on which the dwelling is situated, the said land being in
the same ownership as the dwelling, as the Secretary shall
designate to be reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial residential use,
together with any structures accessory to the dwelling which are
situated on the land so designated.

-SOURCE-
(Pub. L. 91-424, Sec. 4, Sept. 26, 1970, 84 Stat. 880; Pub. L.
99-497, Sec. 1(3), Oct. 17, 1986, 100 Stat. 1267.)


-MISC1-
AMENDMENTS
1986 - Subsec. (c). Pub. L. 99-497 inserted ", or before January
1, 1985 for those lands referred to in section 460w(b) of this
title".

-End-



-CITE-
16 USC Sec. 460w-4 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXI - APOSTLE ISLANDS NATIONAL LAKESHORE

-HEAD-
Sec. 460w-4. Hunting, fishing, and trapping

-STATUTE-
The Secretary shall permit hunting, fishing, and trapping on
lands and waters under his jurisdiction within the boundaries of
the lakeshore in accordance with the appropriate laws of Wisconsin
and the United States to the extent applicable, except that he may
designate zones where, and establish periods when, no hunting,
trapping, or fishing shall be permitted for reasons of public
safety, administration, fish or wildlife management, or public use
and enjoyment. Except in emergencies, any regulations prescribing
any such restrictions shall be put into effect only after
consultation with the appropriate State agency responsible for
hunting, trapping, and fishing activities.

-SOURCE-
(Pub. L. 91-424, Sec. 5, Sept. 26, 1970, 84 Stat. 881.)

-End-



-CITE-
16 USC Sec. 460w-5 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXI - APOSTLE ISLANDS NATIONAL LAKESHORE

-HEAD-
Sec. 460w-5. Administration, protection, and development of
lakeshore by Secretary

-STATUTE-
The lakeshore shall be administered, protected, and developed in
accordance with the provisions of sections 1, 2, 3, and 4 of this
title, as amended and supplemented; and sections 8 to 8c of this
title, as amended, except that any other statutory authority
available to the Secretary for the conservation and management of
natural resources may be utilized to the extent he finds such
authority will further the purposes of this subchapter.

-SOURCE-
(Pub. L. 91-424, Sec. 6, Sept. 26, 1970, 84 Stat. 881.)

-End-



-CITE-
16 USC Sec. 460w-6 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXI - APOSTLE ISLANDS NATIONAL LAKESHORE

-HEAD-
Sec. 460w-6. Land and water use management plan; adoption,
implementation, and revision of plan by Secretary; required
provisions of plan

-STATUTE-
In the administration, protection, and development of the
lakeshore, the Secretary shall adopt and implement, and may from
time to time revise, a land and water use management plan which
shallinclude specific provision for - (continued)