Loading (50 kb)...'
(continued)
includes such lands.
(h) Road maintenance and other services
The Secretary may, upon request in writing by any owner or
occupier of lands in the lakeshore, provide services, such as road
maintenance, subject to reimbursement.
-SOURCE-
(Pub. L. 91-479, Sec. 12, Oct. 21, 1970, 84 Stat. 1080; Pub. L.
97-361, Sec. 3, Oct. 22, 1982, 96 Stat. 1722; Pub. L. 103-437, Sec.
6(d)(17), Nov. 2, 1994, 108 Stat. 4584.)
-REFTEXT-
REFERENCES IN TEXT
Section 17 of this Act, referred to in subsec. (b), probably
means proposed section 17 of Pub. L. 91-479, which was contained in
H.R. 3787, 97th Congress, 2d Session, as reported in House Report
No. 97-882, page 4, but was omitted in the final version enacted by
Congress as Pub. L. 97-361.
-MISC1-
AMENDMENTS
1994 - Subsec. (e)(4)(B). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Committee on".
1982 - Pub. L. 97-361 designated existing provisions as subsec.
(a), inserted "Benzie County and within" after "generally lying
within", and added subsecs. (b) to (h).
-CHANGE-
CHANGE OF NAME
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460x-3 of this title.
-End-
-CITE-
16 USC Sec. 460x-12 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE
-HEAD-
Sec. 460x-12. Condemnation of commercial property
-STATUTE-
In any case not otherwise provided for in this subchapter, the
Secretary shall be prohibited from condemning any commercial
property used for commercial purposes in existence on December 31,
1964, so long as, in his opinion, the use thereof would further the
purpose of this subchapter, and such use does not impair the
usefulness and attractiveness of the area designated for inclusion
in the lakeshore. The following uses, among others, shall be
considered to be uses compatible with the purposes of this
subchapter: Commercial farms, orchards, motels, rental cottages,
camps, craft and art studios, marinas, medical, legal,
architectural, and other such professional offices, and tree farms.
-SOURCE-
(Pub. L. 91-479, Sec. 13, Oct. 21, 1970, 84 Stat. 1080.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460x-3, 460x-8 of this
title.
-End-
-CITE-
16 USC Sec. 460x-13 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE
-HEAD-
Sec. 460x-13. Certificate of Secretary to interested person
indicating prohibition from acquiring particular property by
condemnation; contents
-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. 91-479, Sec. 14, Oct. 21, 1970, 84 Stat. 1080.)
-End-
-CITE-
16 USC Sec. 460x-14 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE
-HEAD-
Sec. 460x-14. Authorization of appropriations; adjustments
-STATUTE-
There are authorized to be appropriated not more than $84,149,558
for the acquisition of lands and interests in lands and not more
than $18,769,000 (June 1970 prices) for development, plus or minus
such amounts, if any, as may be justified by reason of ordinary
fluctuations in construction costs as indicated by engineering cost
indices applicable to the type of construction involved herein.
-SOURCE-
(Pub. L. 91-479, Sec. 15, Oct. 21, 1970, 84 Stat. 1081; Pub. L.
93-477, title I, Sec. 101(13), Oct. 26, 1974, 88 Stat. 1446; Pub.
L. 97-361, Sec. 4, Oct. 22, 1982, 96 Stat. 1724; Pub. L. 98-141,
Sec. 5, Oct. 31, 1983, 97 Stat. 909; Pub. L. 98-505, Oct. 19, 1984,
98 Stat. 2337.)
-MISC1-
AMENDMENTS
1984 - Pub. L. 98-505 substituted "$84,149,558" for
"$82,149,558".
1983 - Pub. L. 98-141 substituted "$82,149,558" for
"$66,153,000".
1982 - Pub. L. 97-361 substituted "$66,153,000" for
"$57,753,000".
1974 - Pub. L. 93-477 substituted "$57,753,000" for
"$19,800,000".
RETROACTIVE STATUTORY CEILINGS
Section 7 of Pub. L. 97-361 provided that: "For purposes of
section 7(a)(3) of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9(a)(3)), the statutory ceilings on appropriations
established by the amendments made by this Act [enacting section
460x-15 and amending sections 460x-9, 460x-11 and 460x-14 of this
title] shall be deemed to be statutory ceilings contained in a
provision of law enacted prior to the convening of the Ninety-fifth
Congress."
-End-
-CITE-
16 USC Sec. 460x-15 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE
-HEAD-
Sec. 460x-15. Lakeshore wilderness report; administration
-STATUTE-
In accordance with section 1132(c) of this title, the President
shall, no later than June 1, 1983, advise the United States Senate
and House of Representatives of his recommendations with respect to
the suitability or nonsuitability as wilderness of any area within
the lakeshore. Subject to existing private rights, the areas
described in the report prepared by the National Park Service
entitled "Wilderness Recommendation; Sleeping Bear Dunes National
Lakeshore" dated January, 1981, and recommended for wilderness
(approximately 7,128 acres) and for potential wilderness additions
(approximately 23,775 acres) shall, until Congress determines
otherwise, be administered by the Secretary so as to maintain their
presently existing wilderness character and potential for inclusion
in the National Wilderness Preservation System.
-SOURCE-
(Pub. L. 91-479, Sec. 16, as added Pub. L. 97-361, Sec. 5, Oct. 22,
1982, 96 Stat. 1724.)
-End-
-CITE-
16 USC SUBCHAPTER LXXXIII - KING RANGE NATIONAL
CONSERVATION AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIII - KING RANGE NATIONAL CONSERVATION AREA
-HEAD-
SUBCHAPTER LXXXIII - KING RANGE NATIONAL CONSERVATION AREA
-End-
-CITE-
16 USC Sec. 460y 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIII - KING RANGE NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460y. Establishment; boundaries
-STATUTE-
The Secretary of the Interior (hereinafter referred to as the
"Secretary") is hereby authorized and directed, after compliance
with sections 460y-2 and 460y-3 of this title, to establish, within
the boundaries described in section 460y-8 of this title, the King
Range National Conservation Area in the State of California
(hereinafter referred to as the "Area"), and to consolidate and
manage the public lands in the area with the purpose of conserving
and developing, for the use and benefit of the people of the United
States, the lands and other resources therein under a program of
multiple usage and of sustained yield.
-SOURCE-
(Pub. L. 91-476, Sec. 1, Oct. 21, 1970, 84 Stat. 1067.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460y-8 of this title.
-End-
-CITE-
16 USC Sec. 460y-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIII - KING RANGE NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460y-1. Management of lands
-STATUTE-
(a) Utilization and development of resources
In the management of lands in the area, the Secretary shall
utilize and develop the resources in such a manner as to satisfy
all legitimate requirements for the available resources as fully as
possible without undue denial of any of such requirements and
without undue impairment of any of the resources, taking into
consideration total requirement and total availability of
resources, irrespective of ownership or location.
(b) Plan of land use, development, and management
The policy set forth in subsection (a) of this section implies -
(1) that there will be a comprehensive, balanced, and
coordinated plan of land use, development, and management of the
Area, and that such plan will be based on an inventory and
evaluation of the available resources and requirements for such
resources, and on the topography and other features of the Area.
(2) that the plan will indicate the primary or dominant uses
which will be permitted on various portions of the Area.
(3) that the plan will be based on a weighing of the relative
values to be obtained by utilization and development of the
resources for alternative possible uses, and will be made with
the object of obtaining the greatest values on a continuing
basis, and that due consideration will be given to intangible
values as well as to tangible values such as dollar return or
production per unit.
(4) that secondary or collateral uses may be permitted to the
extent that such uses are compatible with and do not unduly
impair the primary or dominant uses, according to a seasonal
schedule or otherwise.
(5) that management of the renewable resources will be such as
to obtain a sustained, regular, or periodic yield or supply of
products or services without impairment of the productivity, or
the enjoyment or carrying capacity of the land.
(6) that the plan will be reviewed and reevaluated
periodically.
(7) that the resources to be considered are all the natural
resources including but not limited to the soils, bodies of water
including the shorelines thereof, forest growth including timber,
vegetative cover including forage, fish, and other wildlife, and
geological resources including minerals.
(8) that the uses to be considered are all of the legitimate
uses of such resources including but not limited to all forms of
outdoor recreation including scenic enjoyment, hunting, fishing,
hiking, riding, camping, picknicking,(!1) boating, and swimming,
all uses of water resources, watershed management, production of
timber and other forest producers, grazing and other agricultural
uses, fish and wildlife management, mining, preservation of
ecological balance, scientific study, occupancy and access.
-SOURCE-
(Pub. L. 91-476, Sec. 2, Oct. 21, 1970, 84 Stat. 1067.)
-FOOTNOTE-
(!1) So in original. Probably should be "picnicking,".
-End-
-CITE-
16 USC Sec. 460y-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIII - KING RANGE NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460y-2. Program of multiple usage and sustained yield of
renewable natural resources; public and private assistance in
preparation; provisions
-STATUTE-
The Secretary shall use public and private assistance as he may
require, for the purpose of preparing for the Area a program of
multiple usage and of sustained yield of renewable natural
resources. Such program shall include but need not be limited to
(1) a quantitative and qualitative analysis of the resources of the
Area; (2) the proposed boundaries of the Area; (3) a plan of land
use, development, and management of the Area together with any
proposed cooperative activities with the State of California, local
governments, and others; (4) a statement of expected costs and an
economic analysis of the program with particular reference to costs
to the United States and expected economic effects on local
communities and governments; and (5) an evaluation by the Secretary
of the program in terms of the public interest.
-SOURCE-
(Pub. L. 91-476, Sec. 3, Oct. 21, 1970, 84 Stat. 1068.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460y, 460y-3 of this
title.
-End-
-CITE-
16 USC Sec. 460y-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIII - KING RANGE NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460y-3. Procedure for establishment
-STATUTE-
The Secretary shall establish the Area after a period of at least
ninety calendar days from and after the date that he has (1)
submitted copies of the program required by section 460y-2 of this
title to the President of the Senate and the Speaker of the House
of Representatives, the Governor of the State of California, and
the governing body of the county or counties in which the area is
located and (2) published a notice of intention to establish the
area in the Federal Register and in at least two newspapers which
circulate generally within the Area.
-SOURCE-
(Pub. L. 91-476, Sec. 4, Oct. 21, 1970, 84 Stat. 1068.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460y of this title.
-End-
-CITE-
16 USC Sec. 460y-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIII - KING RANGE NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460y-4. Authority of Secretary
-STATUTE-
The Secretary is authorized -
(1) Conduct of public hearings
To conduct a public hearing or hearings to receive expression
of local views relating to establishment of the area.
(2) Acquisition of land or interests in land by donation, by
purchase with donated funds or funds specifically appropriated
for such purpose, or by exchange; consent of owner; acquired
lands or interests in lands as public lands
To acquire by donation, by purchase with donated funds or with
funds appropriated specifically for that purpose, or by exchange,
any land or interest in land within the area described in section
460y-8 of this title, which the Secretary, in his judgment,
determines to be desirable for consolidation of public lands
within the Area in order to facilitate efficient and beneficial
management of the public lands or otherwise to accomplish the
purposes of this subchapter: Provided, That the Secretary may not
acquire, without the consent of the owner, any such lands or
interests therein which are utilized on October 21, 1970, for
residential, agricultural, or commercial purposes so long as he
finds such property is devoted to uses compatible with the
purposes of this subchapter. Any lands or interests in lands
acquired by the United States under the authority of this section
shall, upon acceptance of title, become public lands, and shall
become a part of the area subject to all the laws and regulations
applicable thereto.
(3) Procedure for acquisition of land or interests in land by
exchange
In the exercise of his authority to acquire land or interests
in land by exchange under this subchapter, to accept title to any
non-Federal land located within the Area and to convey to the
grantor of such land not to exceed an equal value of surveyed,
unappropriated, and unreserved public lands or interests, in
lands and appropriated funds when in his judgment the exchange
will be in the public interest, and in accordance with the
following:
(A) The public lands offered in exchange for non-Federal
lands or interests in non-Federal lands must be in the same
county or counties, and must be classified by the Secretary as
suitable for exchange. For a period of five years, any such
public lands suitable for transfer to nonpublic ownership shall
be classified for exchange under this subchapter.
(B) If the lands or interests in lands offered in exchange
for public lands have a value at least equal to two-thirds of
the value of the public lands, the exchange may be completed
upon payment to the Secretary of the difference in value, or
the submittal of a cash deposit or a performance bond in an
amount at least equal to the difference in value assuring that
additional lands acceptable to the Secretary and at least equal
to the difference in value will be conveyed to the Government
within a time certain to be specified by the Secretary. Any
such payment made to the Secretary shall be deposited in the
Treasury as a miscellaneous receipt.
(C) If the public lands offered in exchange for non-Federal
lands or interests in non-Federal lands have a value at least
equal to two-thirds of the value of the non-Federal lands, the
exchange may be completed upon payment by the Secretary of the
difference in value.
(D) Either party to an exchange under this subchapter may
reserve minerals, easements, or rights of use either for its
own benefit, for the benefit of third parties, or for the
benefit of the general public. Any such reservation, whether in
lands conveyed to or by the United States, shall be subject to
such reasonable conditions respecting ingress and egress and
the use of the surface of the land as may be deemed necessary
by the Secretary. When minerals are reserved in a conveyance by
the United States, any person who prospects for or acquires the
right to mine and remove the reserved mineral deposits shall be
liable to the surface owners according to their respective
interests for any actual damage to the surface or to the
improvements thereon resulting from prospecting, entering, or
mining operations; and such person shall, prior to entering,
either obtain the surface owner's written consent, or file with
the Secretary a good and sufficient bond or undertaking to the
United States in an amount acceptable to the Secretary for the
use and benefit of the surface owner to secure payment of such
damages as may be determined in an action brought on the bond
or undertaking in a court of competent jurisdiction.
(4) Payment of fair market value for purchased lands;
determination by independent appraisal
In the exercise of his authority to purchase lands under this
subchapter to pay for any such purchased lands their fair market
value, as determined by the Secretary, who may, in his
discretion, base his determination on an independent appraisal
obtained by him.
(5) Identification of appropriate public uses of public lands and
interests therein within Area; disposition of public lands
within Area
To identify the appropriate public uses of all of the public
lands and interests therein within the Area. Disposition of the
public lands within the Area, or any of the lands subsequently
acquired as part of the Area, is prohibited, and the lands in the
Area described in section 460y-8 of this title are hereby
withdrawn from all forms of entry, selection, or location under
existing or subsequent law, except as provided in section 460y-5
of this title. Notwithstanding any provision of this section, the
Secretary may (A) exchange public lands or interests therein
within the area for privately owned lands or interests therein
also located within the Area, and (B) issue leases, licenses,
contracts, or permits as provided by other laws.
(6) Construction, operation, and maintenance of roads, trails,
and other access and recreational facilities within Area
To construct or cause to be constructed and to operate and
maintain such roads, trails, and other access and recreational
facilities in the area as the Secretary deems necessary and
desirable for the proper protection, utilization, and development
of the area.
(7) Reforestation and revegetation of lands within Area;
installation of soil- and water-conserving works and practices
To reforest and revegetate such lands within the area and
install such soil- and water-conserving works and practices to
reduce erosion and improve forage and timber capacity as the
Secretary deems necessary and desirable.
(8) Cooperative arrangements with State and local governmental
agencies, and nonprofit organizations concerning installation,
construction, maintenance, and operation of access and
recreational facilities, etc.; designation of zones and
establishment of periods for hunting and fishing
To enter into such cooperative arrangements with the State of
California, local governmental agencies, and nonprofit
organizations as the Secretary deems necessary or desirable
concerning but not limited to installation, construction,
maintenance, and operation of access and recreational facilities,
reforestation, revegetation, soil and moisture conservation, and
management of fish and wildlife including hunting and fishing and
control of predators. The Secretary shall permit hunting and
fishing on lands and waters under the jurisdiction within the
boundaries of the recreation area in accordance with the
applicable laws of the United States and the State of California,
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 and wildlife
management, or public use and enjoyment. Except in emergencies,
any regulations of the Secretary pursuant to this section shall
be put into effect only after consultation with the appropriate
State fish and game department.
(9) Issuance of regulations
To issue such regulations and to do such other things as the
Secretary deems necessary and desirable to carry out the terms of
this subchapter.
-SOURCE-
(Pub. L. 91-476, Sec. 5, Oct. 21, 1970, 84 Stat. 1068; Pub. L.
95-352, Sec. 2(1), Aug. 20, 1978, 92 Stat. 516.)
-MISC1-
AMENDMENTS
1978 - Par. (3)(B). Pub. L. 95-352 inserted provisions relating
to deposit of receipts into Treasury.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460y-9 of this title.
-End-
-CITE-
16 USC Sec. 460y-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIII - KING RANGE NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460y-5. Applicability of mining laws; prospecting commenced or
conducted and mining claims located subsequent to October 21,
1970, as subject to regulations; patents issued on mining claims
located subsequent to October 21, 1970, as subject to
regulations; provisions of regulations; rights of owner of
existing valid mining claim as unaffected
-STATUTE-
(a) Subject to valid existing rights, nothing in this subchapter
shall affect the applicability of the United States mining laws on
the federally owned lands within the Area, except that all
prospecting commenced or conducted and all mining claims located
after October 21, 1970, shall be subject to such reasonable
regulations as the Secretary may prescribe to effectuate the
purposes of this subchapter. Any patent issued on any mining claim
located after October 21, 1970, shall recite this limitation and
continue to be subject to such regulations. All such regulations
shall provide, among other things, for such measures as may be
reasonable to protect the scenic and esthetic values of the Area
against undue impairment and to assure against pollution of the
streams and waters within the Area.
(b) Nothing in this section shall be construed to limit or
restrict rights of the owner or owners of any existing valid mining
claim.
-SOURCE-
(Pub. L. 91-476, Sec. 6, Oct. 21, 1970, 84 Stat. 1070.)
-REFTEXT-
REFERENCES IN TEXT
The United States mining laws, referred to in subsec. (a), are
classified generally to Title 30, Mineral Lands and Mining.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460y-4 of this title.
-End-
-CITE-
16 USC Sec. 460y-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIII - KING RANGE NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460y-6. Administration of public lands within Area
-STATUTE-
Except as may otherwise be provided in this subchapter, the
public lands within the area shall be administered by the Secretary
under any authority available to him for the conservation,
development, and management of natural resources on public lands in
California withdrawn by Executive Order Numbered 6910, dated
November 26, 1934, to the extent that he finds such authority will
further the purposes of this subchapter.
-SOURCE-
(Pub. L. 91-476, Sec. 7, Oct. 21, 1970, 84 Stat. 1070.)
-REFTEXT-
REFERENCES IN TEXT
Executive Order Numbered 6910, dated November 26, 1934, referred
to in text, is not classified to the Code.
-End-
-CITE-
16 USC Sec. 460y-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIII - KING RANGE NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460y-7. Withdrawal of certain public lands for classification;
revocation of Executive Order Numbered 5237
-STATUTE-
The objectives of Executive Order Numbered 5237, dated December
10, 1929, which withdraw certain public lands for classification,
having been accomplished by the enactment of this subchapter, that
Executive order is hereby revoked effective as of the date the
Secretary establishes the area.
-SOURCE-
(Pub. L. 91-476, Sec. 8, Oct. 21, 1970, 84 Stat. 1070.)
-REFTEXT-
REFERENCES IN TEXT
Executive Order Numbered 5237, dated December 10, 1929, referred
to in text, is not classified to the Code.
-End-
-CITE-
16 USC Sec. 460y-8 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIII - KING RANGE NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460y-8. Survey and investigation area
-STATUTE-
(a) Description
The survey and investigation area referred to in section 460y of
this title is described as follows:
-HEAD-
MOUNT DIABLO MERIDIAN, CALIFORNIA
Township 24 north, range 19 west, sections 4 and 5.
HUMBOLDT MERIDIAN, CALIFORNIA
Township 5 south, range 1 east, all sections in township.
Township 5 south, range 2 east, section 6, lots 4 through 9; 16
through 21; and 24 through 26; section 7, lots 2 through 7; 10
through 15; section 18, lots 1 through 16; section 19, lots 1
through 16; southwest quarter northeast quarter and west half
southeast quarter and sections 30 and 31; section 32, southwest
quarter northeast quarter; south half northwest quarter; northwest
quarter northwest quarter; southwest quarter and west half
southeast quarter.
Township 4 south, range 1 west, all sections in township.
Township 4 south, range 1 east; section 4, south half; south half
northeast quarter and south half northwest quarter; sections 5
through 9; 15 through 23; section 24, west half; section 25, west
half; sections 26 through 35; section 36, lots 3 through 5 and 8
through 11 and southeast quarter.
Township 4 south, range 2 east, section 31, west half southeast
quarter and southwest quarter.
Township 3 south, range 2 west, section 12, southeast quarter
southeast quarter; sections 13 through 16 and 22 through 25.
Township 3 south, range 1 west, section 9, southwest quarter
southwest quarter; section 12, south half southeast quarter and
south half southwest quarter; sections 13 through 36.
Township 3 south, range 1 east, section 18, lots 1 through 4;
section 19, lots 1 and 2, southwest quarter and west half southeast
quarter; section 29, southwest quarter northwest quarter and west
half southwest quarter; sections 30 and 31; section 32, west half.
Township 2 south, range 2 west, section 31, north half of lot 2
of the southwest quarter (43.40 acres of public land withdrawn by
Executive Order 5237 of December 10, 1929); and 22.8 acres of
acquired fee lands described by metes and bounds in section 31,
township 2 south, range 2 west, and section 36, township 2 south,
range 3 west; and 31.27 acres of acquired easements described by
metes and bounds across certain sections in township 2 south,
ranges 2 and 3 west.
(b) Acquisition of adjacent lands; limitations
In addition to the lands described in subsection (a) of this
section, the Secretary is authorized to acquire such land outside
the area but in close proximity thereto as is necessary to
facilitate sound management. Acquisition hereunder shall, however,
not exceed three hundred and twenty acres and shall be limited to
such purposes as headquarters facility requirements, ingress and
egress routes and, where necessary, to straighten boundaries or
round out acquisitions.
(c) Additions
In addition to the lands described in subsection (a) of this
section, the land identified as the Punta Gorda Addition and the
Southern Additions on the map entitled "King Range National
Conservation Area Boundary Map No. 2", dated July 29, 1975, is
included in the survey and investigation area referred to in
section 460y of this title.
-SOURCE-
(Pub. L. 91-476, Sec. 9, Oct. 21, 1970, 84 Stat. 1070; Pub. L.
94-579, title VI, Sec. 602, Oct. 21, 1976, 90 Stat. 2784.)
-MISC1-
AMENDMENTS
1976 - Subsec. (c). Pub. L. 94-579 added subsec. (c).
SAVINGS PROVISION
Amendment by Pub. L. 94-579 not to be construed as terminating
any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
see note set out under section 1701 of Title 43, Public Lands.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460y, 460y-4 of this
title.
-End-
-CITE-
16 USC Sec. 460y-9 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIII - KING RANGE NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460y-9. Authorization of appropriations
-STATUTE-
(a) There are authorized to be appropriated such sums as may be
necessary to accomplish the purposes of this subchapter, but not to
exceed $1,500,000 for the purchase of lands and interests in lands
and not to exceed $3,500,000 for the construction and improvements.
(b) In addition to any amounts authorized to be appropriated
under subsection (a) of this section, there are authorized to be
appropriated for fiscal years beginning on or after October 1,
1979, for the acquisition of lands and interests in lands under
this subchapter -
(1) from the Land and Water Conservation Fund (established
under the Land and Water Conservation Fund Act of 1965 [16 U.S.C.
460l-4 et seq.]) not to exceed $5,000,000, and
(2) from any other sources an amount not to exceed the sum of
(A) $5,000,000, and (B) an amount equal to the amount deposited
in the Treasury under section 460y-4(3)(B) of this title after
August 20, 1978,
such sums to remain available until expended.
-SOURCE-
(Pub. L. 91-476, Sec. 10, Oct. 21, 1970, 84 Stat. 1071; Pub. L.
95-352, Sec. 2(2), (3), Aug. 20, 1978, 92 Stat. 516.)
-REFTEXT-
REFERENCES IN TEXT
The Land and Water Conservation Fund Act of 1965, referred to in
subsec. (b)(1), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as
amended, which is classified generally to part B (Sec. 460l-4 et
seq.) of subchapter LXIX of this chapter. For complete
classification of this Act to the Code, see Short Title note set
out under section 460l-4 of this title and Tables.
-MISC1-
AMENDMENTS
1978 - Pub. L. 95-352 designated existing provisions as subsec.
(a) and added subsec. (b).
-End-
-CITE-
16 USC SUBCHAPTER LXXXIV - OREGON DUNES NATIONAL
RECREATION AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIV - OREGON DUNES NATIONAL RECREATION AREA
-HEAD-
SUBCHAPTER LXXXIV - OREGON DUNES NATIONAL RECREATION AREA
-End-
-CITE-
16 USC Sec. 460z 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIV - OREGON DUNES NATIONAL RECREATION AREA
-HEAD-
Sec. 460z. Establishment
-STATUTE-
In order to provide for the public outdoor recreation use and
enjoyment of certain ocean shorelines and dunes, forested areas,
fresh water lakes, and recreational facilities in the State of
Oregon 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 Oregon Dunes
National Recreation Area (hereinafter referred to as the
"recreation area").
-SOURCE-
(Pub. L. 92-260, Sec. 1, Mar. 23, 1972, 86 Stat. 99.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460z-1, 460z-2 of this
title.
-End-
-CITE-
16 USC Sec. 460z-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIV - OREGON DUNES NATIONAL RECREATION AREA
-HEAD-
Sec. 460z-1. Administration, protection, and development
-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 such manner as in
his judgment will best contribute the attainment of the purposes
set forth in section 460z of this title.
-SOURCE-
(Pub. L. 92-260, Sec. 2, Mar. 23, 1972, 86 Stat. 99.)
-End-
-CITE-
16 USC Sec. 460z-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIV - OREGON DUNES NATIONAL RECREATION AREA
-HEAD-
Sec. 460z-2. Inland sector; establishment as buffer sector
-STATUTE-
The portion of the recreation area delineated as the "Inland
Sector" on the map referenced in section 460z-3 of this title is
hereby established as an inland buffer sector in order to promote
such management and use of the lands, waters, and other properties
within such sector as will best protect the values which contribute
to the purposes set forth in section 460z of this title.
-SOURCE-
(Pub. L. 92-260, Sec. 3, Mar. 23, 1972, 86 Stat. 99.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460z-5 of this title.
-End-
-CITE-
16 USC Sec. 460z-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIV - OREGON DUNES NATIONAL RECREATION AREA
-HEAD-
Sec. 460z-3. Boundary map; revision
-STATUTE-
The boundaries of the recreation area, as well as the boundaries
of the inland sector included therein, shall be as shown on a map
entitled "Proposed Oregon Dunes National Recreation Area" dated May
1971, which is on file and available for public inspection in the
Office of the Chief, Forest Service, Department of Agriculture, and
to which is attached and hereby made a part thereof a detailed
description by metes and bounds of the exterior boundaries of the
recreation area and of the inland sector. The Secretary may by
publication of a revised map or description in the Federal Register
correct clerical or typographical errors in said map or
descriptions.
-SOURCE-
(Pub. L. 92-260, Sec. 4, Mar. 23, 1972, 86 Stat. 99.)
-MISC1-
SIUSLAW NATIONAL FOREST
The boundaries of the Siuslaw National Forest were extended by
section 6 of Pub. L. 92-260 to include all lands described in
accordance with this section. See note set out under sections 486a
to 486w of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460z-2 of this title.
-End-
-CITE-
16 USC Sec. 460z-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIV - OREGON DUNES NATIONAL RECREATION AREA
-HEAD-
Sec. 460z-4. Transfer of Federal property
-STATUTE-
Notwithstanding any other provision of law, any Federal property
located within the boundaries of the recreation area is hereby
transferred without consideration to the administrative
jurisdiction of the Secretary for use by him in implementing the
purposes of this subchapter, but lands presently administered by
the United States Coast Guard or the United States Corps of
Engineers may continue to be used by such agencies to the extent
required.
-SOURCE-
(Pub. L. 92-260, Sec. 5, Mar. 23, 1972, 86 Stat. 99.)
-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. 460z-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIV - OREGON DUNES NATIONAL RECREATION AREA
-HEAD-
Sec. 460z-5. Land acquisition in inland sector
-STATUTE-
Within the inland sector established by section 460z-2 of this
title the Secretary may acquire the following classes of property
only with the consent of the owner:
(a) improved property as hereinafter defined;
(b) property used for commercial or industrial purposes if such
commercial or industrial purposes are the same such purposes for
which the property was being used on December 31, 1970, or such
commercial or industrial purposes have been certified by the
Secretary or his designee as compatible with or furthering the
purposes of this subchapter;
(c) timberlands under sustained yield management so long as the
Secretary determines that such management is being conducted in
accordance with standards for timber production, including but
not limited to harvesting reforestation, and debris cleanup, not
less stringent than management standards imposed by the Secretary
on comparable national forest lands: Provided, That the Secretary
may acquire such lands or interests therein without the consent
of the owner if he determines that such lands or interests are
essential for recreation use or for access to or protection of
recreation developments within the purposes of this subchapter.
In any acquisition of such lands or interests the Secretary
shall, to the extent practicable, minimize the impact of such
acquisition on access to or the reasonable economic use for
sustained yield forestry of adjoining lands not acquired; and
(d) property used on December 31, 1970, primarily for private,
noncommercial recreational purposes if any improvements made to
such property after said date are certified by the Secretary of
Agriculture or his designee as compatible with the purposes of
this subchapter.
-SOURCE-
(Pub. L. 92-260, Sec. 7, Mar. 23, 1972, 86 Stat. 100.)
-End-
-CITE-
16 USC Sec. 460z-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIV - OREGON DUNES NATIONAL RECREATION AREA
-HEAD-
Sec. 460z-6. Land acquisition in recreation area; donation and
exchange; railway right-of-way; retention rights of owners of
improved property
-STATUTE-
(a) Land acquisition
Within the boundaries of the recreation area lands, waters, and
interests therein owned by or under the control of the State of
Oregon or any political subdivision thereof may be acquired only by
donation or exchange.
(b) Railway right-of-way
No part of the Southern Pacific Railway right-of-way within the
boundaries of the recreation area may be acquired without the
consent of the railway, so long as it is used for railway purposes:
Provided, That the Secretary may condemn such easements across said
right-of-way as he deems necessary for ingress and egress.
(c) Retention rights of owners of improved property
Any person owning an improved property, as hereafter defined,
within the recreation area may reserve for himself and his assigns,
as a condition of the acquisition of such property, a right of use
and occupancy of the residence and not in excess of three acres of
land on which such residence is situated. Such reservation shall be
for a term ending at the death of the owner, or the death of his
spouse, whichever occurs later, or, in lieu thereof, for a definite
term not to exceed twenty-five years: Provided, That the Secretary
may exclude from such reserved property any lands or waters which
he deems necessary for public use, access, or development. The
owner shall elect, at the time of conveyance, the term of the right
to be reserved. Where any such owner retains a right of use and
occupancy as herein provided, such right may during its existence
be conveyed or leased in whole, but not in part, for noncommercial
residential purposes. 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. At any time subsequent to the acquisition of such property
the Secretary may, with the consent of the owner of the retained
right of use and occupancy, acquire such right, in which event he
shall pay to such owner the fair market value of the remaining
portion of such right.
(d) "Improved property" defined
The term "improved property" wherever used in this subchapter
shall mean a detached one-family dwelling the construction of which
was begun before December 31, 1970, together with any structures
accessory to it and the land on which the dwelling is situated, the
said land being in the same ownership as the dwelling, as the
Secretary finds necessary for the enjoyment of the dwelling for the
sole purpose of noncommercial residential use.
-SOURCE-
(Pub. L. 92-260, Sec. 8, Mar. 23, 1972, 86 Stat. 100.)
-End-
-CITE-
16 USC Sec. 460z-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIV - OREGON DUNES NATIONAL RECREATION AREA
-HEAD-
Sec. 460z-7. 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 recreation area in accordance with applicable laws of the
United States and the State of Oregon, except that the Secretary
may designate zones where, and establish periods when, no hunting,
fishing, or trapping shall be permitted for reasons of public
safety, administration, or public use and enjoyment. Except in
emergencies, any regulation of the Secretary pursuant to this
section shall be put into effect only after consultation with the
appropriate State fish and game department.
-SOURCE-
(Pub. L. 92-260, Sec. 9, Mar. 23, 1972, 86 Stat. 101.)
-End-
-CITE-
16 USC Sec. 460z-8 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIV - OREGON DUNES NATIONAL RECREATION AREA
-HEAD-
Sec. 460z-8. Mining restriction
-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 and from disposition under all laws
pertaining to mineral leasing and all amendments thereto.
-SOURCE-
(Pub. L. 92-260, Sec. 10, Mar. 23, 1972, 86 Stat. 101.)
-REFTEXT-
REFERENCES IN TEXT
The United States mining laws, referred to in text, are
classified generally to Title 30, Mineral Lands and Mining.
-End-
-CITE-
16 USC Sec. 460z-9 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIV - OREGON DUNES NATIONAL RECREATION AREA
-HEAD-
Sec. 460z-9. Water utilization; transportation of wastes, easements
-STATUTE-
(a) Water utilization
The Secretary is authorized and directed, subject to applicable
water quality standards now or hereafter established, to permit,
subject to reasonable rules and regulations, the investigation for,
appropriation, storage, and withdrawal of ground water, surface (continued)