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(continued)
water, and lake, stream, and river water from the recreation area
and the conveyance thereof outside the boundaries of the recreation
area for beneficial use in accordance with applicable laws of the
United States and of the State of Oregon if permission therefor has
been obtained from the State of Oregon before March 23, 1972:
Provided, That nothing herein shall prohibit or authorize the
prohibition of the use of water from Tahkenitch or Siltcoo Lakes in
accordance with permission granted by the State of Oregon prior to
March 23, 1972, in connection with certain industrial plants
developed or being developed at or near Gardiner, Oregon.
(b) Transportation and storage of wastes
The Secretary is authorized and directed, subject to applicable
water quality standards now or hereafter established, to permit,
subject to reasonable rules and regulations, transportation and
storage in pipelines within and through the recreation area of
domestic and industrial wastes in accordance with applicable laws
of the United States and of the State of Oregon if permission
therefor has been obtained from the State of Oregon before March
23, 1972.
(c) Easements and rights for the disposal of wastes
The Secretary is further authorized, subject to applicable water
quality standards now or hereafter established, to grant such
additional easements and rights, in terms up to perpetuity, as in
his judgment would be appropriate and desirable for the effective
use of the rights to water and the disposal of waste provided for
herein and for other utility and private purposes if permission
therefor has been obtained from the State of Oregon, subject to
such reasonable terms and conditions as he deems necessary for the
protection of the scenic, scientific, historic, and recreational
features of the recreation area.

-SOURCE-
(Pub. L. 92-260, Sec. 11, Mar. 23, 1972, 86 Stat. 101.)

-End-



-CITE-
16 USC Sec. 460z-10 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-10. Advisory Council

-STATUTE-
(a) Establishment; membership
The Secretary shall establish an advisory council for the Oregon
Dunes National Recreation Area, and shall consult on a periodic and
regular basis with such council with respect to matters relating to
management and development of the recreation area. The members of
the advisory council, who shall not exceed fifteen in number, shall
serve for individual staggered terms of three years each and shall
be appointed by the Secretary as follows:
(i) a member to represent each county in which a portion of the
recreation area is located, each such appointee to be designated
by the respective governing body of the county involved;
(ii) a member appointed to represent the State of Oregon, who
shall be designated by the Governor of Oregon;
(iii) not to exceed eleven members appointed by the Secretary
from among persons who, individually or through association with
national or local organizations, have an interest in the
administration of the recreation area; and
(iv) the Secretary shall designate one member to be Chairman
and shall fill vacancies in the same manner as the original
appointment.
(b) Private viewpoints
The Secretary shall, in addition to his consultation with the
advisory council, seek the views of other private groups and
individuals with respect to administration of the recreation area.
(c) Payment of expenses
The members shall not receive any compensation for their services
as members of the council, as such, but the Secretary is authorized
to pay expenses reasonably incurred by the council in carrying out
its responsibilities.

-SOURCE-
(Pub. L. 92-260, Sec. 12, Mar. 23, 1972, 86 Stat. 102.)


-MISC1-
TERMINATION OF ADVISORY COUNCILS
Advisory councils in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5,
1973, unless, in the case of a council established by the President
or an officer of the Federal Government, such council is renewed by
appropriate action prior to the expiration of such 2-year period,
or in the case of a council established by the Congress, its
duration is otherwise provided by law. See sections 3(2) and 14 of
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the
Appendix to Title 5, Government Organization and Employees.

-End-



-CITE-
16 USC Sec. 460z-11 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-11. Area review; report to the President; wilderness
designation

-STATUTE-
Within three years from March 23, 1972, the Secretary shall
review the area within the boundaries of the recreation area and
shall report to the President, in accordance with section 1132(b)
and (d) of this title, his recommendation as to the suitability or
nonsuitability of any area within the recreation area for
preservation as a wilderness, and any designation of any such area
as a wilderness shall be accomplished in accordance with section
1132(b) and (d) of this title.

-SOURCE-
(Pub. L. 92-260, Sec. 13, Mar. 23, 1972, 86 Stat. 102.)

-COD-
CODIFICATION
Section 1132(b) and (d) of this title, the first time appearing
in text, was in the original "subsections 3(b) and 3(d) of the
Wilderness Act" and, the second time appearing in text, was in the
original "said subsection of the Wilderness Act".

-End-



-CITE-
16 USC Sec. 460z-12 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-12. Federal-State cooperation

-STATUTE-
The Secretary shall cooperate with the State of Oregon or any
political subdivision thereof in the administration of the
recreation area and in the administration and protection of lands
within or adjacent to the recreation area owned or controlled by
the State or political subdivision there. Nothing in this
subchapter shall deprive the State of Oregon or any political
subdivision thereof of its right to exercise civil and criminal
jurisdiction within the recreation area consistent with 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. 92-260, Sec. 14, Mar. 23, 1972, 86 Stat. 102.)

-End-



-CITE-
16 USC Sec. 460z-13 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-13. Authorization of appropriations

-STATUTE-
There are hereby authorized to be appropriated for the
acquisition of lands, waters, and interests therein such sums as
are necessary, not to exceed $5,750,000. For development of the
recreation area, not more than $12,700,000 is authorized to be
appropriated.

-SOURCE-
(Pub. L. 92-260, Sec. 15, Mar. 23, 1972, 86 Stat. 102; Pub. L.
94-578, title III, Sec. 316, Oct. 21, 1976, 90 Stat. 2737.)


-MISC1-
AMENDMENTS
1976 - Pub. L. 94-578 substituted "There are hereby authorized to
be appropriated for the acquisition of lands, waters, and interests
therein such sums as are necessary, not to exceed $5,750,000" for
"Money appropriated from the Land and Water Conservation Fund shall
be available for the acquisition of lands, waters, and interests
therein within the recreation area, but not more than $2,500,000 is
authorized to be appropriated for such purposes".

-End-


-CITE-
16 USC SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION
AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
Sec. 460aa. Establishment

-STATUTE-
(a) In general
In order to assure the preservation and protection of the
natural, scenic, historic, pastoral, and fish and wildlife values
and to provide for the enhancement of the recreational values
associated therewith, the Sawtooth National Recreation Area is
hereby established.
(b) Boundaries; publication in Federal Register
The Sawtooth National Recreation Area (hereafter referred to as
the "recreation area"), including the Sawtooth Wilderness Area
(hereafter referred to as the "wilderness area"), shall comprise
the lands generally depicted on the map entitled "Sawtooth National
Recreation Area" dated June 1972, which shall be on file and
available for public inspection in the office of the Chief, Forest
Service, Department of Agriculture. The Secretary of Agriculture
(hereafter referred to as the "Secretary") shall, as soon as
practicable after August 22, 1972, publish a detailed description
and map showing the boundaries of the recreation area in the
Federal Register.

-SOURCE-
(Pub. L. 92-400, Sec. 1, Aug. 22, 1972, 86 Stat. 612.)

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

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
Sec. 460aa-1. Administration

-STATUTE-
(a) Recreation area
The Secretary shall administer the recreation area in accordance
with the laws, rules and regulations applicable to the national
forests in such manner as will best provide (1) the protection and
conservation of the salmon and other fisheries; (2) the
conservation and development of scenic, natural, historic,
pastoral, wildlife, and other values, contributing to and available
for public recreation and enjoyment, including the preservation of
sites associated with and typifying the economic and social history
of the American West; and (3) the management, utilization, and
disposal of natural resources on federally owned lands such as
timber, grazing, and mineral resources insofar as their utilization
will not substantially impair the purposes for which the recreation
area is established.
(b) Wilderness area
The lands designated as the Sawtooth Wilderness Area, which
supersedes the Sawtooth Primitive Area, shall be administered in
accordance with the provisions of this subchapter and the
provisions of the Wilderness Act [16 U.S.C. 1131 et seq.],
whichever is more restrictive, except that any reference in such
provisions to the effective date of the Wilderness Act shall be
deemed to be a reference to the effective date of this subchapter.

-SOURCE-
(Pub. L. 92-400, Sec. 2, Aug. 22, 1972, 86 Stat. 612.)

-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (b), is Pub. L.
88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (Sec. 1131 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1131 of this title and
Tables.
The effective date of the Wilderness Act, referred to in subsec.
(b), means Sept. 3, 1964, the date of enactment of Pub. L. 88-577,
which enacted chapter 23 of this title.
The effective date of this subchapter, referred to in subsec.
(b), means Aug. 22, 1972, the date of enactment of Pub. L. 92-400,
which enacted this subchapter.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
Sec. 460aa-2. Acquisition of land

-STATUTE-
(a) Authority of Secretary; manner; limitation; "scenic easement"
defined
Except as provided in section 460aa-3 of this title, the
Secretary is authorized to acquire by donation, purchase with
donated or appropriated funds, exchange, bequest, or otherwise any
lands, or lesser interests therein, including mineral interests and
scenic easements, which he determines are needed for the purposes
of this subchapter: Provided, That acquisitions of lands or
interests therein for access to and utilization of public property,
and for recreation and other facilities, shall not exceed five per
centum of the total acreage of all private property within the
recreation area as of August 22, 1972.
As used in this subchapter the term "scenic easement" means the
right to control the use of land in order to protect the esthetic
values for the purposes of this subchapter, but shall not preclude
the continuation of any use exercised by the owner as of August 22,
1972.
(b) Offers of land; hardship from acquisition delays
In exercising this authority to acquire lands, the Secretary
shall give prompt and careful consideration to any offer made by an
individual owning any land, or interest in land, within the
boundaries described in section 460aa(b) of this title. In
considering 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) Condemnation proceedings
The Secretary may utilize condemnation proceedings without the
consent of the owner to acquire private lands or interests therein
pursuant to this section only in cases where, in his judgment, all
reasonable efforts to acquire such lands or interests therein by
negotiation have failed, and in such cases he shall acquire only
such title as, in his judgment, is reasonably necessary to
accomplish the objectives of this subchapter.
(d) Exchange of property; cash equalization payments
In exercising his authority to acquire property by exchange, the
Secretary may accept title to any non-Federal property, or
interests therein, located within the recreation area and,
notwithstanding any other provision of law, he may convey in
exchange therefor any federally owned property within the State of
Idaho which he classifies as suitable for exchange and which is
under his administrative jurisdiction. The values of the properties
so exchanged shall be approximately equal or, if they are not
approximately equal, they shall be equalized by the payment of cash
to the grantor or to the Secretary as the circumstances require. In
the exercise of his exchange authority, the Secretary may utilize
authorities and procedures available to him in connection with
exchanges of national forest lands.
(e) Mineral interests
Nothing in this subchapter shall be construed as limiting the
authority of the Secretary to acquire mineral interests in lands
within the recreation area, with or without the consent of the
owner. Upon acquisition of any such interest, the lands and/or
minerals covered by such interest are by this subchapter withdrawn
from entry or appropriation under the United States mining laws and
from disposition under all laws pertaining to mineral leasing and
all amendments thereto.
(f) State lands
Any land or interest in land owned by the State of Idaho or any
of its political subdivisions may be acquired only by donation or
exchange.
(g) Transfer from Federal agency to administrative jurisdiction of
Secretary
Notwithstanding any other provision of law, any Federal property
located within the recreation area may, with the concurrence of the
agency having custody thereof, be transferred without consideration
to the administrative jurisdiction of the Secretary for use by him
in carrying out the purposes of this subchapter. Lands acquired by
the Secretary or transferred to his administrative jurisdiction
within the recreation area shall become parts of the recreation
area and of the national forest within or adjacent to which they
are located.
(h) Condemnation authority
Except as otherwise provided, the Secretary shall have the
authority to use condemnation as a means of acquiring a clear and
marketable title, free of any and all encumbrances.

-SOURCE-
(Pub. L. 92-400, Sec. 3, Aug. 22, 1972, 86 Stat. 612.)

-REFTEXT-
REFERENCES IN TEXT
The United States mining laws, referred to in subsec. (e), are
classified generally to Title 30, Mineral Lands and Mining.

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

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
Sec. 460aa-3. Private land, regulations

-STATUTE-
(a) Use, subdivision and development standards; detail and
specificity; land differences; amendment; promulgation; civil
actions: jurisdiction, complaint, declaratory judgment
The Secretary shall make and publish regulations setting
standards for the use, subdivision, and development of privately
owned property within the boundaries of the recreation area. Such
regulations shall be generally in furtherance of the purposes of
this subchapter and shall have the object of assuring that the
highest and best private use, subdivision, and development of such
privately owned property is consistent with the purposes of this
subchapter and with the overall general plan of the recreation
area. Such regulations shall be as detailed and specific as is
reasonably required to accomplish such objective and purpose. Such
regulations may differ amongst the several parcels of private land
in the boundaries and may from time to time be amended by the
Secretary. All regulations adopted under this section shall be
promulgated in conformity with the provisions of subchapter II of
chapter 5, and chapter 7, of title 5. The United States District
Court for the District of Idaho shall have jurisdiction to review
any regulations established pursuant to the first sentence of this
subsection, upon a complaint filed within six months after the
effective date of such regulations, by any affected landowner in an
action for a declaratory judgment.
(b) Condemnation restriction; acquisitions limitation
After publication of such regulations, no privately owned lands
shall be acquired by the Secretary by condemnation unless he
determines, in his judgment, that such lands are being used, or are
in imminent danger of being used, in a manner incompatible with the
regulations established pursuant to this section or unless such
lands are determined to be necessary for access or development, in
which case such acquisitions shall be subject to the 5 per centum
limitation established in section 460aa-2(a) of this title.

-SOURCE-
(Pub. L. 92-400, Sec. 4, Aug. 22, 1972, 86 Stat. 613.)

-COD-
CODIFICATION
In subsec. (a), "subchapter II of chapter 5, and chapter 7, of
title 5" was substituted for "the Administrative Procedure Act" on
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.
631, the first section of which enacted Title 5, Government
Organization and Employees.

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

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
Sec. 460aa-4. Administrative determination of suitability for
designation as wilderness areas

-STATUTE-
The Secretary shall, as soon as practicable after August 22,
1972, review the undeveloped and unimproved portion or portions of
the recreation area as to suitability or nonsuitability for
preservation as a part of the National Wilderness Preservation
System. In conducting his review, the Secretary shall comply with
the provisions of section 1132(d) of this title, relating to public
notice, public hearings, and review by State and other agencies,
and shall advise the Senate and House of Representatives of his
recommendations with respect to the designation as wilderness of
the area or areas reviewed.

-SOURCE-
(Pub. L. 92-400, Sec. 5, Aug. 22, 1972, 86 Stat. 614.)

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
Sec. 460aa-5. Cooperation with other agencies in development and
operation of facilities and services; Stanley, restoration

-STATUTE-
The Secretary may cooperate with other Federal agencies, with
State and local public agencies, and with private individuals and
agencies in the development and operation of facilities and
services in the area in furtherance of the purposes of this
subchapter, including, but not limited to, the restoration and
maintenance of the historic setting and background of the frontier
ranch-type town of Stanley.

-SOURCE-
(Pub. L. 92-400, Sec. 6, Aug. 22, 1972, 86 Stat. 614.)

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
Sec. 460aa-6. State civil and criminal jurisdiction

-STATUTE-
Nothing in this subchapter shall diminish, enlarge, or modify any
right of the State of Idaho, or any political subdivision thereof,
to exercise civil and criminal jurisdiction within the recreation
area or of rights to tax persons, corporations, franchises, or
property, including mineral or other interests, in or on lands or
waters within the recreation area.

-SOURCE-
(Pub. L. 92-400, Sec. 7, Aug. 22, 1972, 86 Stat. 614.)

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
Sec. 460aa-7. Hunting and fishing regulations

-STATUTE-
The Secretary shall permit hunting and fishing 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 Idaho, 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, 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.

-SOURCE-
(Pub. L. 92-400, Sec. 8, Aug. 22, 1972, 86 Stat. 614.)

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
Sec. 460aa-8. Federal-State water rights

-STATUTE-
The jurisdiction of the State and the United States over waters
of any stream included in the recreation area shall be determined
by established principles of law. Under the provisions of this
subchapter, any taking by the United States of a water right which
is vested under either State or Federal law at the time of
enactment of this subchapter shall entitle the owner thereof to
just compensation. Nothing in this subchapter shall constitute an
express or implied claim or denial on the part of the Federal
Government as to exemption from State water laws.

-SOURCE-
(Pub. L. 92-400, Sec. 9, Aug. 22, 1972, 86 Stat. 614.)

-REFTEXT-
REFERENCES IN TEXT
Time of enactment of this subchapter, referred to in text, means
Aug. 22, 1972, the date of enactment of Pub. L. 92-400, which
enacted this subchapter.

-End-



-CITE-
16 USC Sec. 460aa-9 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
Sec. 460aa-9. Mining restriction; Federal lands withdrawn from
location, entry, and patent under United States mining laws

-STATUTE-
Subject to valid existing rights, all Federal lands located in
the recreation area are hereby withdrawn from all forms of
location, entry, and patent under the mining laws of the United
States.

-SOURCE-
(Pub. L. 92-400, Sec. 10, Aug. 22, 1972, 86 Stat. 614.)

-REFTEXT-
REFERENCES IN TEXT
The mining laws of the United States, referred to in text, are
classified generally to Title 30, Mineral Lands and Mining.

-End-



-CITE-
16 USC Sec. 460aa-10 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
Sec. 460aa-10. Land surface protection; regulations

-STATUTE-
The Congress hereby recognizes and declares the need to take
action to regulate the use of, and protect the surface values of,
the Federal lands in the recreation area, and directs that rules
and regulations necessary to carry out this section shall be
promulgated and issued by the Secretary of Agriculture after
consultation with the Secretary of the Interior. Such regulations
shall include, when deemed necessary, provisions for control of the
use of motorized and mechanical equipment for transportation over,
or alteration of, the surface of such Federal land in connection
with any authorized activities on such land, including but not
limited to mineral prospecting, exploration, or development
operations.

-SOURCE-
(Pub. L. 92-400, Sec. 11, Aug. 22, 1972, 86 Stat. 614.)

-End-



-CITE-
16 USC Sec. 460aa-11 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
Sec. 460aa-11. Patents; restriction on issuance

-STATUTE-
Patents shall not hereafter be issued for locations and claims
heretofore made in the recreation area under the mining laws of the
United States.

-SOURCE-
(Pub. L. 92-400, Sec. 12, Aug. 22, 1972, 86 Stat. 615.)

-REFTEXT-
REFERENCES IN TEXT
The mining laws of the United States, referred to in text, are
classified generally to Title 30, Mineral Lands and Mining.

-End-



-CITE-
16 USC Sec. 460aa-12 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
Sec. 460aa-12. Authorization of appropriations; availability of
land and water conservation fund money

-STATUTE-
There are authorized to be appropriated for the purposes of this
subchapter not more than $47,802,000 for the acquisition of lands
and interests in lands and not more than $26,241,000 for
development. Money appropriated from the land and water
conservation fund shall be available for the acquisition of lands,
waters, and interests therein within the recreation area.

-SOURCE-
(Pub. L. 92-400, Sec. 13, Aug. 22, 1972, 86 Stat. 615; Pub. L.
95-625, title II, Sec. 202, Nov. 10, 1978, 92 Stat. 3473.)


-MISC1-
AMENDMENTS
1978 - Pub. L. 95-625 increased land acquisition appropriations
authorization to $47,802,000 from $19,802,000.

-End-



-CITE-
16 USC Sec. 460aa-13 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
Sec. 460aa-13. Area analysis for park or park administrative unit
proposal

-STATUTE-
(a) Report to Congress
The Secretary of the Interior, in consultation with appropriate
Federal, State, and local agencies, shall make a comprehensive
analysis of the natural, economic, and cultural values of the
recreation area and the adjacent Pioneer Mountains for the purpose
of evaluating the potentiality of establishing therein a national
park or other unit of the national park system. He shall submit a
report of the results of the analysis along with his
recommendations to the Congress by December 31, 1974.
(b) Considerations manifested in report to Congress
His report shall show that in making the aforesaid
recommendations he took into consideration, among other things -
(1) the feasible alternative uses of the land and the long- and
short-term effect of such alternative uses upon, but not limited
to, the following -
(A) the State and local economy,
(B) the natural and cultural environment,
(C) the management and use of water resources,
(D) the management of grazing, timber, mineral, and other
commercial activities,
(E) the management of fish and wildlife resources,
(F) the continued occupancy of existing homesites, campsites,
commercial and public recreation enterprises, and other
privately owned properties and the future development of the
same,
(G) the interrelation between recreation areas, wilderness
areas and park lands, and

(2) the establishment of a national park in the mountain peaks
and upland areas together with such portions of the national
recreation area as may be necessary and appropriate for the
proper administration and public use of and access to such parks
lands, leaving the valleys and low-lying lands available for
multiple-use purposes.
(c) Master plan, cost estimates and proposed legislation for
establishment of park administrative unit
Any recommendation for the establishment of a unit of the
national park system shall be accompanied by (1) a master plan for
the development and administration of such unit, indicating
proposed boundaries, access or other roads, visitor facilities, and
proposed management concepts applicable to such unit; (2) a
statement of the estimated Federal cost for acquisition,
development, and operation of such unit; and (3) proposed
legislation for establishment of such park administrative unit.
(d) Authorization of appropriations
There are authorized to be appropriated not more than $50,000 to
carry out the provisions of this section.

-SOURCE-
(Pub. L. 92-400, Sec. 14, Aug. 22, 1972, 86 Stat. 615.)

-End-



-CITE-
16 USC Sec. 460aa-14 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

-HEAD-
Sec. 460aa-14. Separability

-STATUTE-
If any provision of this subchapter is declared to be invalid,
such declaration shall not affect the validity of any other
provision of this subchapter.

-SOURCE-
(Pub. L. 92-400, Sec. 15, Aug. 22, 1972, 86 Stat. 615.)

-End-


-CITE-
16 USC SUBCHAPTER LXXXVI - GOLDEN GATE NATIONAL
RECREATION AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVI - GOLDEN GATE NATIONAL RECREATION AREA

-HEAD-
SUBCHAPTER LXXXVI - GOLDEN GATE NATIONAL RECREATION AREA

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVI - GOLDEN GATE NATIONAL RECREATION AREA

-HEAD-
Sec. 460bb. Establishment

-STATUTE-
In order to preserve for public use and enjoyment certain areas
of Marin and San Francisco Counties, California, possessing
outstanding natural, historic, scenic, and recreational values, and
in order to provide for the maintenance of needed recreational open
space necessary to urban environment and planning, the Golden Gate
National Recreation Area (hereinafter referred to as the
"recreation area") is hereby established. In the management of the
recreation area, the Secretary of the Interior (hereinafter
referred to as the "Secretary") shall utilize the resources in a
manner which will provide for recreation and educational
opportunities consistent with sound principles of land use planning
and management. In carrying out the provisions of this subchapter,
the Secretary shall preserve the recreation area, as far as
possible, in its natural setting, and protect it from development
and uses which would destroy the scenic beauty and natural
character of the area.

-SOURCE-
(Pub. L. 92-589, Sec. 1, Oct. 27, 1972, 86 Stat. 1299.)


-MISC1-
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-350, Sec. 1, Oct. 24, 2000, 114 Stat. 1361, provided
that: "This Act [amending section 460bb-1 of this title] may be
cited as the 'Golden Gate National Recreation Area Boundary
Adjustment Act of 2000'."

SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102-299, Sec. 1, June 9, 1992, 106 Stat. 236, provided
that: "This Act [amending section 460bb-1 of this title and
enacting provisions set out as a note under section 460bb-1 of this
title] may be cited as the 'Golden Gate National Recreation Area
Addition Act of 1992'."

VISITOR SERVICES IN CRISSY FIELD AND FORT POINT AREAS
Pub. L. 108-108, title I, Sec. 118, Nov. 10, 2003, 117 Stat.
1268, provided that: "Notwithstanding other provisions of law, the
National Park Service hereafter may authorize, through cooperative
agreement, the Golden Gate National Parks Association to provide
fee-based education, interpretive and visitor service functions
within the Crissy Field and Fort Point areas of the Presidio."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 108-7, div. F, title I, Sec. 120, Feb. 20, 2003, 117
Stat. 240.
Pub. L. 107-63, title I, Sec. 123, Nov. 5, 2001, 115 Stat. 440.
Pub. L. 106-291, title I, Sec. 140, Oct. 11, 2000, 114 Stat. 949.

EXEMPTION OF PRESIDIO TRUST FROM CALIFORNIA TAXES
Pub. L. 106-291, title III, Sec. 315, Oct. 11, 2000, 114 Stat.
989, provided that: "All interests created under leases,
concessions, permits and other agreements associated with the
properties administered by the Presidio Trust, hereafter shall be
exempt from all taxes and special assessments of every kind by the
State of California and its political subdivisions."
Similar provisions were contained in Pub. L. 106-113, div. B,
Sec. 1000(a)(3) [title III, Sec. 316], Nov. 29, 1999, 113 Stat.
1535, 1501A-192.

THE PRESIDIO OF SAN FRANCISCO
Pub. L. 104-333, div. I, title I, Nov. 12, 1996, 110 Stat. 4097,
as amended by Pub. L. 105-83, title III, Sec. 351, Nov. 14, 1997,
111 Stat. 1607; Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title
III, Sec. 334], Nov. 29, 1999, 113 Stat. 1535, 1501A-198; Pub. L.
106-176, title I, Sec. 101, Mar. 10, 2000, 114 Stat. 23; Pub. L.
107-107, div. B, title XXVIII, Sec. 2861, Dec. 28, 2001, 115 Stat.
1328, provided that:

"SEC. 101. FINDINGS.
"The Congress finds that -
"(1) the Presidio, located amidst the incomparable scenic
splendor of the Golden Gate, is one of America's great natural
and historic sites;
"(2) the Presidio was the oldest continuously operated military
post in the Nation dating from 1776, and was designated a
National Historic Landmark in 1962;
"(3) preservation of the cultural and historic integrity of the
Presidio for public use recognizes its significant role in the
history of the United States;
"(4) the Presidio, in its entirety, is a part of the Golden
Gate National Recreation Area, in accordance with Public Law
92-589 [16 U.S.C. 460bb et seq.];
"(5) as part of the Golden Gate National Recreation Area, the
Presidio's significant natural, historic, scenic, cultural, and
recreational resources must be managed in a manner which is
consistent with sound principles of land use planning and
management, and which protects the Presidio from development and
uses which would destroy the scenic beauty and historic and
natural character of the area and cultural and recreational
resources;
"(6) removal and/or replacement of some structures within the
Presidio must be considered as a management option in the
administration of the Presidio; and
"(7) the Presidio will be managed through an innovative
public/private partnership that minimizes cost to the United
States Treasury and makes efficient use of private sector
resources.

"SEC. 102. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF THE
INTERIOR.
"(a) Interim Authority. - The Secretary of the Interior
(hereinafter in this title referred to as the 'Secretary') is
authorized to manage leases in existence on the date of this Act
[Nov. 12, 1996] for properties under the administrative
jurisdiction of the Secretary and located at the Presidio. Upon the
expiration of any such lease, the Secretary may extend such lease
for a period terminating not later than 6 months after the first
meeting of the Presidio Trust. The Secretary may not enter into any
new leases for property at the Presidio to be transferred to the
Presidio Trust under this title, however, the Secretary is
authorized to enter into agreements for use and occupancy of the
Presidio properties which are assignable to the Trust and are
terminable with 30 days notice. Prior to the transfer of
administrative jurisdiction over any property to the Presidio
Trust, and notwithstanding section 1341 of title 31 of the United
States Code, the proceeds from any such lease shall be retained by
the Secretary and such proceeds shall be available, without further
appropriation, for the preservation, restoration, operation and
maintenance, improvement, repair and related expenses incurred with
respect to Presidio properties. The Secretary may adjust the rental
charge on any such lease for any amounts to be expended by the
lessee for preservation, maintenance, restoration, improvement,
repair and related expenses with respect to properties and
infrastructure within the Presidio.
"(b) Public Information and Interpretation. - The Secretary shall
be responsible, in cooperation with the Presidio Trust, for
providing public interpretive services, visitor orientation and
educational programs on all lands within the Presidio.
"(c) Other. - Those lands and facilities within the Presidio that
are not transferred to the administrative jurisdiction of the
Presidio Trust shall continue to be managed by the Secretary. The
Secretary and the Presidio Trust shall cooperate to ensure adequate
public access to all portions of the Presidio. Any infrastructure
and building improvement projects that were funded prior to the
enactment of this Act [Nov. 12, 1996] shall be completed by the
National Park Service.
"(d) Park Service Employees. - (1) Any career employee of the
National Park Service, employed at the Presidio at the time of the
transfer of lands and facilities to the Presidio Trust, shall not
be separated from the Service by reason of such transfer, unless
such employee is employed by the Trust, other than on detail.
Notwithstanding section 3503 of title 5, United States Code, the
Trust shall have sole discretion over whether to hire any such
employee or request a detail of such employee.
"(2) Any career employee of the National Park Service employed at
the Presidio on the date of enactment of this title [Nov. 12, 1996]
shall be given priority placement for any available position within
the National Park System notwithstanding any priority reemployment
lists, directives, rules, regulations or other orders from the
Department of the Interior, the Office of Management and Budget, or
other Federal agencies.

"SEC. 103. ESTABLISHMENT OF THE PRESIDIO TRUST.
"(a) Establishment. - There is established a wholly owned
government corporation to be known as the Presidio Trust
(hereinafter in this title referred to as the 'Trust').
"(b) Transfer. - (1) Within 60 days after receipt of a request
from the Trust for the transfer of any parcel within the area
depicted as Area B on the map entitled 'Presidio Trust Number 1',
dated December 7, 1995, the Secretary shall transfer such parcel to
the administrative jurisdiction of the Trust. Within 1 year after
the first meeting of the Board of Directors of the Trust, the
Secretary shall transfer to the Trust administrative jurisdiction
over all remaining parcels within Area B. Such map shall be on file
and available for public inspection in the offices of the Trust and
in the offices of the National Park Service, Department of the
Interior. The Trust and the Secretary may jointly make technical
and clerical revisions in the boundary depicted on such map. The
Secretary shall retain jurisdiction over those portions of the
building identified as number 102 as the Secretary deems essential
for use as a visitor center. The Building shall be named the
'William Penn Mott Visitor Center'. Any parcel of land, the
jurisdiction over which is transferred pursuant to this subsection,
shall remain within the boundary of the Golden Gate National
Recreation Area. With the consent of the Secretary, the Trust may
at any time transfer to the administrative jurisdiction of the
Secretary any other properties within the Presidio which are
surplus to the needs of the Trust and which serve essential
purposes of the Golden Gate National Recreation Area. The Trust is
encouraged to transfer to the administrative jurisdiction of the
Secretary open space areas which have high public use potential and
are contiguous to other lands administered by the Secretary.
"(2) Within 60 days after the first meeting of the Board of
Directors of the Trust, the Trust and the Secretary shall determine
cooperatively which records, equipment, and other personal property
are deemed to be necessary for the immediate administration of the
properties to be transferred, and the Secretary shall immediately
transfer such personal property to the Trust. Within 1 year after
the first meeting of the Board of Directors of the Trust, the Trust
and the Secretary shall determine cooperatively what, if any,
additional records, equipment, and other personal property used by
the Secretary in the administration of the properties to be
transferred should be transferred to the Trust.
"(3) The Secretary shall transfer, with the transfer of
administrative jurisdiction over any property, the unobligated
balance of all funds appropriated to the Secretary, all leases,
concessions, licenses, permits, and other agreements affecting such
property.
"(4) At the request of the Trust, the Secretary shall provide
funds to the Trust for preparation of the program required under
section 104(c) of this title, hiring of initial staff and other
activities deemed by the Trust as essential to the establishment of
the Trust prior to the transfer of properties to the Trust.
"(c) Board of Directors. -
"(1) In general. - The powers and management of the Trust shall
be vested in a Board of Directors (hereinafter referred to as the
'Board') consisting of the following 7 members:
"(A) The Secretary of the Interior or the Secretary's
designee.
"(B) 6 individuals, who are not employees of the Federal
Government, appointed by the President, who shall possess
extensive knowledge and experience in one or more of the fields
of city planning, finance, real estate development, and
resource conservation. At least one of these individuals shall
be a veteran of the Armed Services. At least 3 of these
individuals shall reside in the San Francisco Bay Area. The
President shall make the appointments referred to in this
subparagraph within 90 days after the enactment of this Act
[Nov. 12, 1996] and shall ensure that the fields of city
planning, finance, real estate development, and resource
conservation are adequately represented. Upon establishment of
the Trust, the Chairman of the Board of Directors of the Trust
shall meet with the Chairman of the Energy and Natural
Resources Committee of the United States Senate and the
Chairman of the Resources Committee of the United States House
of Representatives.
"(2) Terms. - Members of the Board appointed under paragraph
(1)(B) shall each serve for a term of 4 years, except that of the
members first appointed, 3 shall serve for a term of 2 years. Any
vacancy in the Board shall be filled in the same manner in which
the original appointment was made, and any member appointed to
fill a vacancy shall serve for the remainder of that term for
which his or her predecessor was appointed. No appointed member
may serve more than 8 years in consecutive terms, except that
upon the expiration of his or her term, an appointed member may
continue to serve until his or her successor has been appointed.
"(3) Quorum. - Four members of the Board shall constitute a
quorum for the conduct of business by the Board.
"(4) Organization and compensation. - The Board shall organize
itself in such a manner as it deems most appropriate to
effectively carry out the authorized activities of the Trust.
Board members shall serve without pay, but may be reimbursed for
the actual and necessary travel and subsistence expenses incurred
by them in the performance of the duties of the Trust.
"(5) Liability of directors. - Members of the Board of
Directors shall not be considered Federal employees by virtue of
their membership on the Board, except for purposes of the Federal (continued)