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(continued)
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. 460bb-3 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-3. Administration
-STATUTE-
(a) Provisions applicable; utilization of authorities for
conservation and management of wildlife and natural resources;
provisions applicable to Muir Woods National Monument and Fort
Point National Historic Site
The Secretary shall administer the lands, waters and interests
therein acquired for the recreation area in accordance with the
provisions of sections 1, 2, 3, and 4 of this title, as amended and
supplemented, and the Secretary may utilize such statutory
authority available to him for the conservation and management of
wildlife and natural resources as he deems appropriate to carry out
the purposes of this subchapter. Notwithstanding their inclusion
within the boundaries of the recreation area, the Muir Woods
National Monument and Fort Point National Historic Site shall
continue to be administered as distinct and identifiable units of
the national park system in accordance with the laws applicable to
such monument and historic site.
(b) Federal-State cooperative agreements for police and fire
protection
The Secretary may enter into cooperative agreements with any
Federal agency, the State of California, or any political
subdivision thereof, for the rendering, on a reimbursable basis, of
rescue, firefighting, and law enforcement and fire preventive
assistance.
(c) Water resource developments
The authority of the Army to undertake or contribute to water
resource developments, including shore erosion control, beach
protection, and navigation improvements on land and/or waters
within the recreation area shall be exercised in accordance with
plans which are mutually acceptable to the Secretary and the
Secretary of the Army and which are consistent with both the
purpose of this subchapter and the purpose of existing statutes
dealing with water and related resource development.
(d) Transportation system; study for coordinated public and private
system
The Secretary, in cooperation with the State of California and
affected political subdivisions thereof, local and regional transit
agencies, and the Secretaries of Transportation and of the Army,
shall make a study for a coordinated public and private
transportation system to and within the recreation area and other
units of the national park system in Marin and San Francisco
Counties.
(e) Fees or admission charges
No fees or admission charges shall be levied for admission of the
general public to the recreation area except to portions under
lease or permit for a particular and limited purpose authorized by
the Secretary. The Secretary may authorize reasonable charges for
public transportation and for admission to the sailing vessel
Balclutha and other historic vessels of the National Maritime
Museum.
(f) Certain rental proceeds; crediting; management contract
Notwithstanding any other provisions of law, in the
administration of those parcels of property known as Haslett
Warehouse, Cliff House Properties and Louis' Restaurant, the
Secretary shall credit any proceeds from the rental of space in the
aforementioned properties to the appropriation, if any, bearing the
cost of their administration, maintenance, repair and related
expenses and also for the maintenance, repair and related expenses
of the vessels and the adjacent piers comprising the San Francisco
Maritime National Historical Park, and for major renovation and
park rehabilitation of those buildings included in the Fort Mason
Foundation Cooperative Agreement: Provided, That surplus funds, if
any, will be deposited into the Treasury of the United States:
Provided further, That notwithstanding any other provision of law,
in the administration of said parcels and of the AFDL-38 Drydock or
other vessels or heavy marine equipment, the Secretary may, if he
deems appropriate, enter into a contract for the management
(including rental or lease) of said properties with such terms and
conditions as will protect the Government's interest, with excess
funds being used as set forth above.
-SOURCE-
(Pub. L. 92-589, Sec. 4, Oct. 27, 1972, 86 Stat. 1302; Pub. L.
95-625, title III, Sec. 317(f), Nov. 10, 1978, 92 Stat. 3486; Pub.
L. 99-395, Secs. 1, 2(a), Aug. 27, 1986, 100 Stat. 836; Pub. L.
100-348, Sec. 6, June 27, 1988, 102 Stat. 657.)
-MISC1-
AMENDMENTS
1988 - Subsec. (f). Pub. L. 100-348 substituted "San Francisco
Maritime National Historical Park" for "National Maritime Museum".
1986 - Subsec. (e). Pub. L. 99-395, Sec. 2(a), substituted "and
for admission to the sailing vessel Balclutha and other historic
vessels of the National Maritime Museum" for "and, for a period not
exceeding five years from November 10, 1978, for admission to the
sailing vessel Balclutha".
Subsec. (f). Pub. L. 99-395, Sec. 1, struck out provision which
had included a coordinated public and private access system to and
within the recreation area and other units of the national park
system in Marin and San Francisco Counties among the allowable uses
to which rental proceeds from Haslett Warehouse, Cliff House
Properties and Louis' Restaurant were to be put, inserted in second
proviso a reference to the administration of the AFDL-38 Drydock
and other vessels or heavy marine equipment, and inserted
parenthetical in second proviso to include rental or lease of
properties under management contracts into which the Secretary may
enter.
1978 - Subsecs. (e), (f). Pub. L. 95-625 added subsecs. (e) and
(f).
FORT BAKER AGREEMENTS AND LEASES
Pub. L. 108-7, div. F, title I, Sec. 114, Feb. 20, 2003, 117
Stat. 239, provided that: "Notwithstanding any other provision of
law, the Secretary of the Interior hereafter has ongoing authority
to negotiate and enter into agreements and leases, without regard
to section 321 of chapter 314 of the Act of June 30, 1932 (40
U.S.C. 303b) [now 40 U.S.C. 1302], with any person, firm,
association, organization, corporation, or governmental entity, for
all or part of the property within Fort Baker administered by the
Secretary as part of the Golden Gate National Recreation Area. The
proceeds of the agreements or leases or any statutorily authorized
fees, hereafter shall be retained by the Secretary and such
proceeds shall remain available until expended, without further
appropriation, for the preservation, restoration, operation,
maintenance, interpretation, public programs, and related expenses
of the National Park Service and nonprofit park partners incurred
with respect to Fort Baker properties."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 106-291, title I, Sec. 115, Oct. 11, 2000, 114 Stat. 943.
Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I, Sec. 121],
Nov. 29, 1999, 113 Stat. 1535, 1501A-159.
FORT BAKER GOLDEN GATE NATIONAL RECREATION AREA; TAX AND SPECIAL
ASSESSMENT EXEMPTION
Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I, Sec. 120],
Nov. 29, 1999, 113 Stat. 1535, 1501A-159, provided that: "All
properties administered by the National Park Service at Fort Baker,
Golden Gate National Recreation Area, and leases, concessions,
permits and other agreements associated with those properties,
hereafter shall be exempt from all taxes and special assessments,
except sales tax, by the State of California and its political
subdivisions, including the County of Marin and the City of
Sausalito. Such areas of Fort Baker shall remain under exclusive
Federal jurisdiction."
Similar provisions were contained in Pub. L. 105-277, div. A,
Sec. 101(e) [title I, Sec. 150], Oct. 21, 1998, 112 Stat. 2681-231,
2681-268.
FEES OR ADMISSION CHARGES; MONEYS COLLECTED SINCE NOVEMBER 10, 1983
Section 2(b) of Pub. L. 99-395 provided that: "Notwithstanding
any other provisions of law, moneys collected pursuant to section
4(e) of the Act of October 27, 1972 (16 U.S.C. 460bb-3; 92 Stat.
3486), since November 10, 1983, shall be deemed to have been
collected in accordance with such section as amended by this Act."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410nn-1 of this title.
-End-
-CITE-
16 USC Sec. 460bb-4 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-4. Golden Gate National Recreation Area Advisory
Commission
-STATUTE-
(a) Establishment
There is hereby established the Golden Gate National Recreation
Area Advisory Commission (hereinafter referred to as the
"Commission").
(b) Membership; appointment; term of office
The Commission shall be composed of eighteen members appointed by
the Secretary for terms of five years each.(!1) Provided, That the
terms of those members who have been either appointed or
reappointed subsequent to January 1, 1979, shall be extended so as
to expire not before June 1, 1985.
(c) Vacancies
Any vacancy in the Commission shall be filled in the same manner
in which the original appointment was made.
(d) Compensation and expenses; vouchers
Members of the Commission shall serve without compensation, as
such, but the Secretary may pay, upon vouchers signed by the
Chairman, the expenses reasonably incurred by the Commission and
its members in carrying out their responsibilities under this
subchapter.
(e) Consultations of Secretary with members
The Secretary, or his designee, shall from time to time, but at
least annually, meet and consult with the Commission on general
policies and specific matters related to planning, administration
and development affecting the recreation area and other units of
the national park system in Marin, San Mateo, and San Francisco
Counties.
(f) Voting
The Commission shall act and advise by affirmative vote of a
majority of the members thereof.
(g) Termination date
The Commission shall cease to exist thirty years after October
27, 1972.
-SOURCE-
(Pub. L. 92-589, Sec. 5, Oct. 27, 1972, 86 Stat. 1302; Pub. L.
95-625, title III, Sec. 317(g), Nov. 10, 1978, 92 Stat. 3486; Pub.
L. 96-344, Sec. 4(2), (3), Sept. 8, 1980, 94 Stat. 1134; Pub. L.
96-607, title X, Sec. 1001(6), (7), Dec. 28, 1980, 94 Stat. 3545;
Pub. L. 102-525, title III, Sec. 303, Oct. 26, 1992, 106 Stat.
3441.)
-MISC1-
AMENDMENTS
1992 - Subsec. (g). Pub. L. 102-525 substituted "thirty" for
"twenty".
1980 - Subsec. (b). Pub. L. 96-607, Sec. 1001(6), substituted
"eighteen" for "seventeen".
Pub. L. 96-344, Sec. 4(2), substituted "five" for "three" and
inserted proviso that the terms of members appointed or reappointed
subsequent to Jan. 1, 1979, be extended so as not to expire before
June 1, 1985.
Subsec. (e). Pub. L. 96-607, Sec. 1001(7), substituted "Marin,
San Mateo," for "Marin".
Subsec. (g). Pub. L. 96-344, Sec. 4(3), substituted "twenty" for
"ten".
1978 - Subsec. (b). Pub. L. 95-625 increased Commission
membership from fifteen to seventeen.
-FOOTNOTE-
(!1) So in original. The period probably should be a colon.
-End-
-CITE-
16 USC Sec. 460bb-5 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-5. Authorization of appropriations; limitation;
adjustments
-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the provisions of this subchapter, but
not more than $61,610,000 plus $15,500,000 shall be appropriated
for the acquisition of lands and interests in lands. There are
authorized to be appropriated not more than $58,000,000 (May 1971
prices) for the development of the recreation area, 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 said
total development ceiling to be reduced by $10,000,000.
-SOURCE-
(Pub. L. 92-589, Sec. 6, Oct. 27, 1972, 86 Stat. 1303; Pub. L.
96-199, title I, Sec. 103(b), Mar. 5, 1980, 94 Stat. 68.)
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-199 inserted "plus $15,500,000" after
"$61,610,000" and "said total development ceiling to be reduced by
$10,000,000" after "type of construction involved herein".
-End-
-CITE-
16 USC SUBCHAPTER LXXXVII - GATEWAY NATIONAL RECREATION
AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVII - GATEWAY NATIONAL RECREATION AREA
-HEAD-
SUBCHAPTER LXXXVII - GATEWAY NATIONAL RECREATION AREA
-End-
-CITE-
16 USC Sec. 460cc 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVII - GATEWAY NATIONAL RECREATION AREA
-HEAD-
Sec. 460cc. Establishment
-STATUTE-
In order to preserve and protect for the use and enjoyment of
present and future generations an area possessing outstanding
natural and recreational features, the Gateway National Recreation
Area (hereinafter referred to as the "recreation area") is hereby
established.
(a) Composition and boundaries
The recreation area shall comprise the following lands, waters,
marshes, and submerged lands in the New York Harbor area generally
depicted on the map entitled "Boundary Map, Gateway National
Recreation Area," numbered 951-40017 sheets 1 through 3 and dated
May, 1972:
(1) Jamaica Bay Unit - including all islands, marshes,
hassocks, submerged lands, and waters in Jamaica Bay, Floyd
Bennett Field, the lands generally located between highway route
27A and Jamaica Bay, and the area of Jamaica Bay up to the
shoreline of John F. Kennedy International Airport;
(2) Breezy Point Unit - the entire area between the eastern
boundary of Jacob Riis Park and the westernmost point of the
peninsula;
(3) Sandy Hook Unit - the entire area between Highway 36 Bridge
and the northernmost point of the peninsula;
(4) Staten Island Unit - including Great Kills Park, World War
Veterans Park at Miller Field (except for approximately 26 acres
which are to be made available for public school purposes), Fort
Wadsworth, and the waterfront lands located between the streets
designated as Cedar Grove Avenue, Seaside Boulevard, and Drury
Avenue and the bay from Great Kills to Fort Wadsworth;
(5) Hoffman and Swinburne Islands; and
(6) All submerged lands, islands, and waters within one-fourth
of a mile of the mean low water line of any waterfront area
included above.
(b) Boundary revisions: notification of Congressional committees;
publication in Federal Register
The map referred to in this section shall be on file and
available for public inspection in the offices of the National Park
Service, Department of the Interior, Washington, District of
Columbia. After advising the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate in writing, the Secretary of the Interior
(hereinafter referred to as the "Secretary") is authorized to make
minor revisions of the boundaries of the recreation area when
necessary by publication of a revised drawing or other boundary
description in the Federal Register.
-SOURCE-
(Pub. L. 92-592, Secs. 1, 3(b)(2), Oct. 27, 1972, 86 Stat. 1308;
Pub. L. 103-437, Sec. 6(n)(3), Nov. 2, 1994, 108 Stat. 4586; Pub.
L. 106-132, Sec. 1(2), Dec. 7, 1999, 113 Stat. 1681.)
-MISC1-
AMENDMENTS
1999 - Subsec. (a)(4). Pub. L. 106-132 added Pub. L. 92-592, Sec.
3(b)(2). See 1972 Amendment note below.
1994 - Subsec. (b). Pub. L. 103-437 substituted "Committee on
Natural Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate" for "Committees on
Interior and Insular Affairs of the United States House of
Representatives and the United States Senate".
1972 - Subsec. (a)(4). Pub. L. 92-592, Sec. 3(b)(2), as added by
Pub. L. 106-132, substituted "World War Veterans Park at Miller
Field" for "Miller Field".
-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.
-MISC2-
DEKORTE STATE PARK; PROTECTION AND USE OF; STUDY FOR ESTABLISHMENT
AS A UNIT OF THE NATIONAL PARK SYSTEM AND ADMINISTRATION AS UNIT OF
GATEWAY NATIONAL RECREATION AREA; REPORT TO CONGRESSIONAL
COMMITTEES; AUTHORIZATION OF APPROPRIATIONS
Pub. L. 96-442, Sec. 3, Oct. 13, 1980, 94 Stat. 1887, directed
Secretary of the Interior to conduct a study to determine
appropriate measures for protection, interpretation, and public use
of natural wetlands and undeveloped uplands of that portion of
Hackensack Meadowlands District identified as DeKorte State Park on
official zoning maps of that District, with Secretary to consult
with and seek advice of, representatives of interested local,
State, and other Federal agencies, to determine suitability and
feasibility of establishing the area as a unit of national park
system, including its administration as a unit of Gateway National
Recreation Area, together with alternative measures that could be
undertaken to protect and interpret resources of area for public,
and not later than two complete fiscal years from Oct. 13, 1980, to
transmit a report of the study, including estimated development,
operation, and maintenance costs of alternatives identified
therein, to Senate Committee on Energy and Natural Resources and
Committee on Interior and Insular Affairs of House of
Representatives, together with his recommendations for such further
legislation as may be appropriate, and authorized to be
appropriated from amounts previously authorized to study lands for
possible inclusion in national park system not to exceed $150,000
to carry out provisions of this Act.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460cc-1 of this title.
-End-
-CITE-
16 USC Sec. 460cc-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVII - GATEWAY NATIONAL RECREATION AREA
-HEAD-
Sec. 460cc-1. Acquisition of property
-STATUTE-
(a) Authority of Secretary; donation of State lands
Within the boundaries of the recreation area, the Secretary may
acquire lands and waters or interests therein by donation, purchase
or exchange, except that lands owned by the States of New York or
New Jersey or any political subdivisions thereof may be acquired
only by donation.
(b) Transfer from Federal agency to administrative jurisdiction of
Secretary
With the concurrence of the agency having custody thereof, any
Federal property within the boundaries of the recreation area may
be transferred, without consideration, to the administrative
jurisdiction of the Secretary for administration as a part of the
recreation area.
(c) Breezy Point Unit; public use and access; agreement for use of
lands for single-family residential community; specific
provisions; Rockaway parking lot conveyance
Within the Breezy Point Unit, (1) the Secretary shall acquire an
adequate interest in the area depicted on the map referred to in
section 460cc of this title to assure the public use of and access
to the entire beach. The Secretary may enter into an agreement with
any property owner or owners to assure the continued maintenance
and use of all remaining lands in private ownership as a
residential community composed of single-family dwellings. Any such
agreement shall be irrevocable, unless terminated by mutual
agreement, and shall specify, among other things:
(A) that the Secretary may designate, establish and maintain a
buffer zone on Federal lands separating the public use area and
the private community;
(B) that all construction commencing within the community,
including the conversion of dwellings from seasonal to year-round
residences, shall comply with standards to be established by the
Secretary;
(C) that additional commercial establishments shall be
permitted only with the express prior approval of the Secretary
or his designee.
(2) If a valid, enforceable agreement is executed pursuant to
paragraph (1) of this subsection, the authority of the Secretary to
acquire any interest in the property subject to the agreement,
except for the beach property, shall be suspended.
(3) The Secretary is authorized to accept by donation from the
city of New York any right, title, or interest which it holds in
the parking lot at Rockaway which is part of the Marine Bridge
project at Riis Park. Nothing herein shall be deemed to authorize
the United States to extinguish any present or future encumbrance
or to authorize the State of New York or any political subdivision
or agency thereof to further encumber any interest in the property
so conveyed.
(d) Jamaica Bay Unit; Broad Channel Community; title acceptance
conditions
Within the Jamaica Bay Unit, (1) the Secretary may accept title
to lands donated by the city of New York subject to a retained
right to continue existing uses for a specifically limited period
of time if such uses conform to plans agreed to by the Secretary,
and (2) the Secretary may accept title to the area known as Broad
Channel Community only if, within five years after October 27,
1972, all improvements have been removed from the area and a clear
title to the area is tendered to the United States.
-SOURCE-
(Pub. L. 92-592, Sec. 2, Oct. 27, 1972, 86 Stat. 1308.)
-End-
-CITE-
16 USC Sec. 460cc-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVII - GATEWAY NATIONAL RECREATION AREA
-HEAD-
Sec. 460cc-2. Administration
-STATUTE-
(a) Provisions applicable; utilization of authorities for
conservation and management of wildlife and natural resources;
Jamaica Bay Unit
The Secretary shall administer the recreation area in accordance
with the provisions of sections 1, 2, 3, and 4 of this title, as
amended and supplemented. In the administration of the recreation
area the Secretary may utilize such statutory authority available
to him for the conservation and management of wildlife and natural
resources as he deems appropriate to carry out the purposes of this
subchapter: Provided, That the Secretary shall administer and
protect the islands and waters within the Jamaica Bay Unit with the
primary aim of conserving the natural resources, fish, and wildlife
located therein and shall permit no development or use of this area
which is incompatible with this purpose.
(b) William Fitts Ryan Visitor Center; designation
(1) The Secretary shall designate the principal visitor center
within the recreation area as the "William Fitts Ryan Visitor
Center" in commemoration of the leadership and contributions which
Representative William Fitts Ryan made with respect to the creation
and establishment of this public recreation area. To inform the
public of the contributions of Representative Ryan to the creation
of the recreation area, the Secretary shall provide such signs,
markers, maps, interpretive materials, literature, and programs as
he deems appropriate. Not later than December 31, 1980, the
Secretary shall take such additional actions as he deems
appropriate to recognize and commemorate the contributions of
Representative Ryan to the recreation area.
(2) The portion of the Staten Island Unit of the recreation area
known as Miller Field is hereby designated as "World War Veterans
Park at Miller Field". Any reference to such Miller Field in any
law, regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to "World War
Veterans Park at Miller Field".
(c) Federal-State cooperative agreements for police and fire
protection
The Secretary is authorized to enter into cooperative agreements
with the States of New York and New Jersey, or any political
subdivision thereof, for the rendering, on a reimbursable basis, of
rescue, firefighting, and law enforcement services and cooperative
assistance by nearby law enforcement and fire preventive agencies.
(d) Water resource developments
The authority of the Secretary of the Army to undertake or
contribute to water resource developments, including shore erosion
control, beach protection, and navigation improvements (including
the deepening of the shipping channel from the Atlantic Ocean to
the New York harbor) on land and/or waters within the recreation
area shall be exercised in accordance with plans which are mutually
acceptable to the Secretary of the Interior and the Secretary of
the Army and which are consistent with both the purpose of this
subchapter and the purpose of existing statutes dealing with water
and related land resource development.
(e) Airway facilities; maintenance, operation, and installation;
Jamaica Bay and Floyd Bennett Field restrictions
The authority of the Secretary of Transportation to maintain and
operate existing airway facilities and to install necessary new
facilities within the recreation area shall be exercised in
accordance with plans which are mutually acceptable to the
Secretary of the Interior and the Secretary of Transportation and
which are consistent with both the purpose of this subchapter and
the purpose of existing statutes dealing with the establishment,
maintenance, and operation of airway facilities: Provided, That
nothing in this section shall authorize the expansion of airport
runways into Jamaica Bay or air facilities at Floyd Bennett Field.
(f) Hunting, fishing, and trapping
The Secretary shall permit hunting, fishing, shellfishing,
trapping, and the taking of specimens on the lands and waters under
his jurisdiction within the Gateway National Recreation Area in
accordance with the applicable laws of the United States and the
laws of the States of New York and New Jersey and political
subdivisions thereof, except that the Secretary may designate zones
where and establish periods when these activities may not be
permitted, for reasons of public safety, administration, fish or
wildlife management, or public use and enjoyment.
(g) Sandy Hook and Staten Island Units; programs for preservation,
restoration, interpretation, and utilization of sites and
structures
In the Sandy Hook and Staten Island Units, the Secretary shall
inventory and evaluate all sites and structures having present and
potential historical, cultural, or architectural significance and
shall provide for appropriate programs for the preservation,
restoration, interpretation, and utilization of them.
(h) Donations for services and facilities; acceptance
Notwithstanding any other provision of law, the Secretary is
authorized to accept donations of funds from individuals,
foundations, or corporations for the purpose of providing services
and facilities which he deems consistent with the purposes of this
subchapter.
(i) Rights to solid waste byproducts of Fountain Avenue Landfill;
conveyance from United States to city of New York; rights-of-way
and permits; conditions; payments to United States for
development and improvement of Gateway National Recreation Area
Notwithstanding the provisions of subsection (a) of this section,
the United States hereby conveys to the city of New York all rights
to the methane gas and associated byproducts resulting from solid
waste decomposition on the area within the Jamaica Bay Unit known
as the Fountain Avenue Landfill site, subject to payments to the
United States of 50 per centum of the revenue received by the city
of New York, if any, from the development of such rights. The
Secretary shall grant to the City, its lessee or assignee, all
rights-of-way and other permits necessary from the Department of
the Interior to extract and transport the gas from the site:
Provided, That the rights-of-way and other permits shall provide
for reasonable restoration of the site, including removal of any
processing or storage facilities used in the disposal, development,
or extraction of the gas, access by the Secretary to the site for
safety and other recreation area purposes, and such other
reasonable conditions as the Secretary deems necessary to further
purposes of the recreation area. All such payments to the United
States shall be credited to the appropriations of the National Park
Service for the development and improvement of Gateway National
Recreation Area.
-SOURCE-
(Pub. L. 92-592, Sec. 3, Oct. 27, 1972, 86 Stat. 1309; Pub. L.
96-344, Sec. 11(1), Sept. 8, 1980, 94 Stat. 1136; Pub. L. 97-232,
Sec. 1, Aug. 9, 1982, 96 Stat. 259; Pub. L. 106-132, Sec. 1, Dec.
7, 1999, 113 Stat. 1681.)
-MISC1-
AMENDMENTS
1999 - Subsec. (b). Pub. L. 106-132 designated existing
provisions as par. (1) and added par. (2).
1982 - Subsec. (i). Pub. L. 97-232 added subsec. (i).
1980 - Subsec. (b). Pub. L. 96-344 struck out "constructed" after
"visitor center" and inserted provision authorizing the Secretary
to inform the public of the contributions of Representative Ryan to
the creation of the recreation area by means of signs, markers,
etc., and to take such additional action, not later than Dec. 31,
1980, as deemed appropriate to recognize and commemorate the
contributions of Representative Ryan to the recreation area.
-End-
-CITE-
16 USC Sec. 460cc-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVII - GATEWAY NATIONAL RECREATION AREA
-HEAD-
Sec. 460cc-3. Gateway National Recreation Area Advisory Commission
-STATUTE-
(a) Establishment; termination date
There is hereby established a Gateway National Recreation Area
Advisory Commission (hereinafter referred to as the "Commission").
Said Commission shall terminate twenty years after the date of the
establishment of the recreation area.
(b) Membership; appointment; terms of office; representation of
interests
The Commission shall be composed of fifteen members each
appointed for a term of two years by the Secretary as follows:
(1) two members to be appointed from recommendations made by
the Governor of the State of New York;
(2) two members to be appointed from recommendations made by
the Governor of the State of New Jersey;
(3) two members to be appointed from recommendations made by
the mayor of New York City;
(4) two members to be appointed from recommendations made by
the mayor of Newark, New Jersey; and
(5) seven members to be appointed by the Secretary to represent
the general public.
(c) Chairman; vacancies
The Secretary shall designate one member to be Chairman. Any
vacancy in the Commission shall be filled in the same manner in
which the original appointment was made.
(d) Compensation and expenses; vouchers
A member of the Commission shall serve without compensation as
such. The Secretary is authorized to pay the expenses reasonably
incurred by the Commission in carrying out its responsibility under
this subchapter upon vouchers signed by the Chairman.
(e) Voting
The Commission established by this section shall act and advise
by affirmative vote of a majority of the members thereof.
(f) Consultations of Secretary with members
The Secretary or his designee shall, from time to time, consult
with the members of the Commission with respect to matters relating
to the development of the recreation area.
-SOURCE-
(Pub. L. 92-592, Sec. 4, Oct. 27, 1972, 86 Stat. 1310; Pub. L.
96-344, Sec. 11(2), Sept. 8, 1980, 94 Stat. 1136; Pub. L. 97-232,
Sec. 2, Aug. 9, 1982, 96 Stat. 259.)
-MISC1-
AMENDMENTS
1982 - Subsec. (a). Pub. L. 97-232 substituted "twenty" for
"ten".
1980 - Subsec. (b). Pub. L. 96-344 substituted in provision
preceding par. (1) "fifteen" for "eleven" and in par. (5) "seven"
for "three".
-End-
-CITE-
16 USC Sec. 460cc-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVII - GATEWAY NATIONAL RECREATION AREA
-HEAD-
Sec. 460cc-4. Authorization of appropriations; limitation;
adjustments
-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the provisions of this subchapter, but
not more than $12,125,000 for the acquisition of lands and
interests in lands and not more than $92,813,000 (July, 1971
prices) for development of the recreation area, plus or minus such
amounts, if any, as may be justified by reason of ordinary
fluctuations in the construction costs as indicated by engineering
cost indices applicable to the type of construction involved
herein.
-SOURCE-
(Pub. L. 92-592, Sec. 5, Oct. 27, 1972, 86 Stat. 1311.)
-End-
-CITE-
16 USC SUBCHAPTER LXXXVIII - GLEN CANYON NATIONAL
RECREATION AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVIII - GLEN CANYON NATIONAL RECREATION AREA
-HEAD-
SUBCHAPTER LXXXVIII - GLEN CANYON NATIONAL RECREATION AREA
-End-
-CITE-
16 USC Sec. 460dd 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVIII - GLEN CANYON NATIONAL RECREATION AREA
-HEAD-
Sec. 460dd. Establishment; boundaries; publication in Federal
Register
-STATUTE-
(a) In order to provide for public outdoor recreation use and
enjoyment of Lake Powell and lands adjacent thereto in the States
of Arizona and Utah and to preserve scenic, scientific, and
historic features contributing to public enjoyment of the area,
there is established the Glen Canyon National Recreation Area
(hereafter referred to as the "recreation area") to comprise the
area generally depicted on the drawing entitled "Boundary Map Glen
Canyon National Recreation Area," numbered GLC-91,006 and dated
August 1972, which is on file and available for public inspection
in the office of the National Park Service, Department of the
Interior. The Secretary of the Interior (hereafter referred to as
the "Secretary") may revise the boundaries of the recreation area
from time to time by publication in the Federal Register of a
revised drawing or other boundary description, but the total
acreage of the national recreation area may not exceed 1,256,000
acres.
(b) In addition to the boundary change authority under subsection
(a) of this section, the Secretary may acquire approximately 152
acres of private land in exchange for approximately 370 acres of
land within the boundary of Glen Canyon National Recreation Area,
as generally depicted on the map entitled "Page One Land Exchange
Proposal", number 608/60573a-2002, and dated May 16, 2002. The map
shall be on file and available for public inspection in the
appropriate offices of the National Park Service. Upon conclusion
of the exchange, the boundary of the recreation area shall be
revised to reflect the exchange.
-SOURCE-
(Pub. L. 92-593, Sec. 1, Oct. 27, 1972, 86 Stat. 1311; Pub. L.
108-43, Sec. 2, July 1, 2003, 117 Stat. 841.)
-MISC1-
AMENDMENTS
2003 - Pub. L. 108-43 designated existing provisions as subsec.
(a), substituted "1,256,000 acres" for "one million two hundred and
thirty-six thousand eight hundred and eighty acres", and added
subsec. (b).
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108-43, Sec. 1, July 1, 2003, 117 Stat. 841, provided
that: "This Act [amending this section] may be cited as the 'Glen
Canyon National Recreation Area Boundary Revision Act'."
-End-
-CITE-
16 USC Sec. 460dd-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVIII - GLEN CANYON NATIONAL RECREATION AREA
-HEAD-
Sec. 460dd-1. Acquisition of property
-STATUTE-
(a) Authority of Secretary; donation or exchange of State lands;
concurrence of tribal council respecting trust lands
Within the boundaries of the recreation area, the Secretary may
acquire lands and interests in lands by donation, purchase, or
exchange. Any lands owned by the States of Utah or Arizona, or any
State, political subdivisions thereof, may be acquired only by
donation or exchange. No lands held in trust for any Indian tribe
may be acquired except with the concurrence of the tribal council.
(b) Navajo Indian Tribe and Tribal Council reserved mineral and
land use rights unaffected
Nothing in this subchapter shall be construed to affect the
mineral rights reserved to the Navajo Indian Tribe under section 2
of the Act of September 2, 1958 (72 Stat. 1686), or the rights
reserved to the Navajo Indian Tribal Council in said section 2 with
respect to the use of the lands there described under the heading
"Parcel B".
-SOURCE-
(Pub. L. 92-593, Sec. 2, Oct. 27, 1972, 86 Stat. 1311.)
-REFTEXT-
REFERENCES IN TEXT
Act of September 2, 1958 (72 Stat. 1686), referred to in subsec.
(b), provided for exchange of lands between United States and
Navajo Tribe and for other purposes, and was not classified to the
Code.
-End-
-CITE-
16 USC Sec. 460dd-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVIII - GLEN CANYON NATIONAL RECREATION AREA
-HEAD-
Sec. 460dd-2. Public lands
-STATUTE-
(a) Withdrawal from location, entry, and patent under Federal
mining laws; removal of minerals
The lands within the recreation area, subject to valid existing
rights, are withdrawn from location, entry, and patent under the
United States mining laws. Under such regulations as he deems
appropriate, the Secretary shall permit the removal of the
nonleasable minerals from lands or interests in lands within the
national recreation area in the manner prescribed by section 387 of
title 43, and he shall permit the removal of leasable minerals from
lands or interests in lands within the recreation area in
accordance with the Mineral Leasing Act of February 25, 1920, as
amended, [30 U.S.C. 181 et seq.], or the Acquired Lands Mineral
Leasing Act of August 7, 1947, [30 U.S.C. 351 et seq.], if he finds
that such disposition would not have significant adverse effects on
the Glen Canyon project or on the administration of the national
recreation area pursuant to this subchapter.
(b) Disposition of funds from permits and leases
All receipts derived from permits and leases issued on lands in
the recreation area under the Mineral Leasing Act of February 25,
1920, as amended [30 U.S.C. 181 et seq.], or the Act of August 7,
1947 [30 U.S.C. 351 et seq.], shall be disposed of as provided in
the applicable Act; and receipts from the disposition of
nonleasable minerals within the recreation area shall be disposed
of in the same manner as moneys received from the sale of public
lands.
-SOURCE-
(Pub. L. 92-593, Sec. 3, Oct. 27, 1972, 86 Stat. 1312.)
-REFTEXT-
REFERENCES IN TEXT
The United States mining laws, referred to in subsec. (a), 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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460dd-5 of this title.
-End-
-CITE-
16 USC Sec. 460dd-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVIII - GLEN CANYON NATIONAL RECREATION AREA
-HEAD-
Sec. 460dd-3. Administration, protection, and development;
statutory authorities for conservation and management of natural
resources; Glen Canyon Dam and Reservoir
-STATUTE-
The Secretary shall administer, protect, and develop the
recreation area in accordance with the provisions of sections 1, 2,
3, and 4 of this title, as amended and supplemented, and with any
other statutory authority available to him for the conservation and
management of natural resources to the extent he finds such
authority will further the purposes of this subchapter: Provided,
however, That nothing in this subchapter shall affect or interfere
with the authority of the Secretary granted by Public Law 485,
Eighty-fourth Congress, second session [43 U.S.C. 620 et seq.], to
operate Glen Canyon Dam and Reservoir in accordance with the
purposes of the Colorado River Storage Project Act [43 U.S.C. 620
et seq.] for river regulation, irrigation, flood control, and
generation of hydroelectric power.
-SOURCE-
(Pub. L. 92-593, Sec. 4, Oct. 27, 1972, 86 Stat. 1312.)
-REFTEXT-
REFERENCES IN TEXT
Public Law 485, Eighty-fourth Congress, second session, referred
to in text, is act Apr. 11, 1956, ch. 203, 70 Stat. 105, as
amended, which is popularly known as the Colorado River Storage
Project Act, and which is classified generally to chapter 12B (Sec.
620 et seq.) of Title 43, Public Lands. For complete classification
of this Act to the Code, see Short Title note set out under section
620 of Title 43 and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460dd-5 of this title.
-End-
-CITE-
16 USC Sec. 460dd-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVIII - GLEN CANYON NATIONAL RECREATION AREA
-HEAD-
Sec. 460dd-4. Hunting and fishing
-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 States of Utah and Arizona, 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. 92-593, Sec. 5, Oct. 27, 1972, 86 Stat. 1312.)
-End-
-CITE-
16 USC Sec. 460dd-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVIII - GLEN CANYON NATIONAL RECREATION AREA
-HEAD-
Sec. 460dd-5. Mineral and grazing leases; Bureau of Land Management
administration and policies
-STATUTE-
The administration of mineral and grazing leases within the
recreation area shall be by the Bureau of Land Management. The same
policies followed by the Bureau of Land Management in issuing and
administering mineral and grazing leases on other lands under its
jurisdiction shall be followed in regard to the lands within the
boundaries of the recreation area, subject to the provisions of
sections 460dd-2(a) and 460dd-3 of this title.
-SOURCE-
(Pub. L. 92-593, Sec. 6, Oct. 27, 1972, 86 Stat. 1312.)
-End-
-CITE-
16 USC Sec. 460dd-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVIII - GLEN CANYON NATIONAL RECREATION AREA
-HEAD-
Sec. 460dd-6. Easements and rights-of-way
-STATUTE-
The Secretary shall grant easements and rights-of-way on a
nondiscriminatory basis upon, over, under, across, or along any
component of the recreation area unless he finds that the route of
such easements and rights-of-way would have significant adverse
effects on the administration of the recreation area.
-SOURCE-
(Pub. L. 92-593, Sec. 7, Oct. 27, 1972, 86 Stat. 1312.)
-End-
-CITE-
16 USC Sec. 460dd-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVIII - GLEN CANYON NATIONAL RECREATION AREA
-HEAD-
Sec. 460dd-7. Proposed road study
-STATUTE-
(a) Criteria and environmental impact of specific route
The Secretary, together with the Highway Department of the State
of Utah, shall conduct a study of proposed road alinements within
and adjacent to the recreation area. Such study shall locate the
specific route of a scenic, low-speed road, hereby authorized, from
Glen Canyon City to Bullfrog Basin, crossing the Escalante River
southof the point where the river has entered Lake Powell when the (continued)