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(continued)
lake is at the three thousand seven hundred-foot level. In
determining the route for this road, special care shall be taken to
minimize any adverse environmental impact and said road is not
required to meet ordinary secondary road standards as to grade,
alinement, and curvature. Turnouts, overlooks, and scenic vistas
may be included in the road plan. In no event shall said route
cross the Escalante River north of Stephens Arch.
(b) Timetable
The study shall include a reasonable timetable for the
engineering, planning, and construction of the road authorized in
subsection (a) of this section and the Secretary of the Interior
shall adhere to said timetable in every way feasible to him.
(c) Markers and other interpretative devices
The Secretary is authorized to construct and maintain markers and
other interpretative devices consistent with highway safety
standards.
(d) Additional roads
The study specified in subsection (a) of this section shall
designate what additional roads are appropriate and necessary for
full utilization of the area for the purposes of this subchapter
and to connect with all roads of ingress to, and egress from the
recreation area.
(e) Report to Congress
The findings and conclusions of the Secretary and the Highway
Department of the State of Utah, specified in subsection (a) of
this section, shall be submitted to Congress within two years of
October 27, 1972, and shall include recommendations for any further
legislation necessary to implement the findings and conclusions. It
shall specify the funds necessary for appropriation in order to
meet the timetable fixed in subsection (b) of this section.

-SOURCE-
(Pub. L. 92-593, Sec. 8, Oct. 27, 1972, 86 Stat. 1312.)

-End-



-CITE-
16 USC Sec. 460dd-8 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-8. Report to President

-STATUTE-
Within two years from October 27, 1972, the Secretary shall
report to the President, in accordance with subsections 3(c) and
3(d) of the Wilderness Act [16 U.S.C. 1132(c) and (d)], his
recommendations as to the suitability or nonsuitability of any area
within the recreation area for preservation as wilderness, and any
designation of any such area as wilderness shall be in accordance
with said Wilderness Act [16 U.S.C. 1131 et seq.].

-SOURCE-
(Pub. L. 92-593, Sec. 9, Oct. 27, 1972, 86 Stat. 1313.)

-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act, referred to in text, 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.

-End-



-CITE-
16 USC Sec. 460dd-9 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-9. Authorization of appropriations; limitation

-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this subchapter, not to
exceed, however, $400,000 for the acquisition of lands and
interests in lands and not to exceed $37,325,400 for development.
The sums authorized in this section shall be available for
acquisition and development undertaken subsequent to the approval
of this subchapter.

-SOURCE-
(Pub. L. 92-593, Sec. 10, Oct. 27, 1972, 86 Stat. 1313.)

-End-


-CITE-
16 USC SUBCHAPTER LXXXIX - BIG SOUTH FORK NATIONAL RIVER
AND RECREATION AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIX - BIG SOUTH FORK NATIONAL RIVER AND RECREATION
AREA

-HEAD-
SUBCHAPTER LXXXIX - BIG SOUTH FORK NATIONAL RIVER AND RECREATION
AREA

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIX - BIG SOUTH FORK NATIONAL RIVER AND RECREATION
AREA

-HEAD-
Sec. 460ee. Establishment

-STATUTE-
(a) "Secretary" defined; statement of purposes; boundaries;
acquisition of outside sites for administrative, visitor
orientation, and recreation facilities
As used in this section the term "Secretary" shall mean the
Secretary of the Army, acting through the Chief of Engineers. The
Secretary, in accordance with the national recreation area concept
included in the interagency report prepared pursuant to section 218
of the Flood Control Act of 1968 (Public Law 90-483) by the Corps
of Engineers, the Department of the Interior, and the Department of
Agriculture, as modified by this section, is authorized and
directed to establish on the Big South Fork of the Cumberland River
in Kentucky and Tennessee the Big South Fork National River and
Recreation Area (hereafter in this section referred to as the
"National Area") for the purposes of conserving and interpreting an
area containing unique cultural, historic, geologic, fish and
wildlife, archeologic, scenic, and recreational values, preserving
as a natural, free-flowing stream the Big South Fork of the
Cumberland River, major portions of its Clear Fork and New River
stems, and portions of their various tributaries for the benefit
and enjoyment of present and future generations, the preservation
of the natural integrity of the scenic gorges and valleys, and the
development of the area's potential for healthful outdoor
recreation. The boundaries shall be as generally depicted on the
drawing prepared by the Corps of Engineers and entitled "Big South
Fork National River and Recreation Area" identified as map number
BSF-NRRA(1)(A) and dated October 1972, which shall be on file and
available for public inspection in the office of the District
Engineer, U.S. Army Engineer District, Nashville, Tennessee. The
Secretary may acquire sites at locations outside such boundaries,
as he determines necessary, for administrative and visitor
orientation facilities. The Secretary may also acquire a site
outside such boundaries at or near the location of the historic
Tabard Inn in Ruby, Tennessee, including such lands as he deems
necessary, for the establishment of a lodge with recreational
facilities as provided in subsection (e)(3) of this section.
(b) Transfer of responsibility for planning, acquisition, and
development, and administrative jurisdiction to Secretary of the
Interior; boundary revisions; acreage limitation
Effective upon November 15, 1990, responsibility for all
planning, acquisition, and development, as well as administrative
jurisdiction over all Federal lands, water, interests therein, and
improvements thereon, within the National Area is hereby
transferred to the Secretary of the Interior. The Secretary may
complete all acquisition and development activities in progress on
November 15, 1990, and the Secretary and the Secretary of the
Interior may, by mutual agreement, provide for an orderly and
phased assumption of responsibilities (including but not limited to
land acquisition and the construction of necessary access roads,
day-use facilities, campground facilities, lodges, and
administrative buildings) and available funds by the Secretary of
the Interior in furtherance of the purposes of this section. The
Secretary of the Interior shall administer the National Area in
accordance with sections 1, 2, 3, and 4 of this title, as amended
and supplemented. The authorities set forth in this section which
were available to the Secretary immediately prior to November 15,
1990, shall after November 15, 1990, be available to the Secretary
of the Interior. In the administration of the National 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 section.
The Secretary of the Interior may, after transfer to him, revise
the boundaries from time to time, but the total acreage within such
boundaries shall not exceed one hundred and twenty-five thousand
acres. Following such transfer the authorities available to the
Secretary in subsection (c) of this section shall likewise be
available to the Secretary of the Interior.
(c) Acquisition of property; tracts; exchange and disposal of
property; transfer from Federal agency to administrative
jurisdiction of Secretary; residential property, right of use and
occupancy; fair market value; transfer or assignment; lifetime
residence of tenant or spouse; accrual of obligation or rental to
United States; "improved property" defined; mineral rights
(1) Within the boundaries of the National Area, the Secretary may
acquire lands and waters or interests therein by donation, purchase
with donated or appropriated funds, or exchange or otherwise,
except that lands (other than roads and rights-of-way for roads)
owned by the States of Kentucky and Tennessee or any political
subdivisions thereof which were in public ownership on October 22,
1976, may be acquired only by donation. When an individual tract of
land is only partly within the boundaries of the National Area, the
Secretary may acquire all of the tract by any of the above methods
in order to avoid the payment of severance costs. Land so acquired
outside of the boundaries of the National Area may be exchanged by
the Secretary for non-Federal lands within the National Area
boundaries, and any portion of the land not utilized for such
exchanges may be disposed of in accordance with the provisions of
the Federal Property and Administrative Services Act of 1949 (!1)
(63 Stat. 377), as amended. Notwithstanding any other provision of
law, any Federal property within the boundaries of the National
Area shall be transferred without consideration to the
administrative jurisdiction of the Secretary for the purposes of
this section.

(2) With the exception of property or any interest in property
that the Secretary determines is necessary for purposes of
administration, preservation, or public use, any owner or owners
(hereafter in this section referred to as "owner") of improved
property used solely for noncommercial residential purposes on the
date of its acquisition by the Secretary may retain the right of
use and occupancy of such property for such purposes for a term, as
the owner may elect, ending either (A) upon the death of the owner
or his spouse, whichever occurs later, or (B) not more than
twenty-five years from the date of acquisition. 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
term retained by the owner. Such right: shall be subject to such
terms and conditions as the Secretary deems appropriate to assure
that the property is used in accordance with the purposes of this
section; may be transferred or assigned; and may be terminated with
respect to the entire property by the Secretary upon his
determination that the property or any portion thereof has ceased
to be used for noncommercial residential purposes, and upon tender
to the holder of the right an amount equal to the fair market
value, as of the date the tender, of that portion of the right
which remains unexpired on the date of termination. Any person
residing upon improved property, subject to the right of
acquisition by the Secretary as a tenant or by the sufferance of
the owner or owners of the property may be allowed to continue in
such residence for the lifetime of such person or his spouse,
whichever occurs later, subject to the same restrictions as
applicable to owners residing upon such property and provided that
any obligation or rental incurred as consideration for such tenancy
shall accrue during such term to the United States to be used in
the administration of this section.
(3) As used in this section the term "improved property" means a
detached year-round one-family dwelling which serves as the owner's
permanent place of abode at the time of acquisition, and
construction of which was begun before January 1, 1974, together
with so much of the land on which the dwelling is situated, such
land being in the same ownership as the dwelling, as the Secretary
shall designate to be reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial residential use,
except that the Secretary may exclude from any improved property
any waters or land fronting thereon, together with so much of the
land adjoining such waters or land as he deems necessary for public
access thereto.
(4) In any case where the Secretary determines that underlying
minerals are removable consistent with the provisions of subsection
(e)(3) of this section, the owner of the minerals underlying
property acquired for the purposes of this section may retain such
interest. The Secretary shall reserve the right to inspect and
regulate the extraction of such minerals to insure that the values
enumerated in subsection (a) of this section are not reduced and
that the purposes declared in subsection (e)(1) of this section are
not interfered with.
(d) Hunting, fishing, and trapping; rules and regulations after
consultations with State agencies
The Secretary, and the Secretary of the Interior after
jurisdiction over the National Area has been transferred to him
under subsection (b) of this section, shall permit hunting,
fishing, and trapping on lands and waters under his jurisdiction
within the boundaries of the National Area in accordance with
applicable Federal and State laws, except that he may designate
zones where, and establish periods when, no hunting, fishing, or
trapping shall be permitted for reasons of public safety,
administration, fish or wildlife management, or public use and
enjoyment. Except in emergencies, any rules and regulations of the
Secretary or the Secretary of the Interior pursuant to this
subsection shall be put into effect only after consultation with
the appropriate State agency responsible for hunting, fishing, and
trapping activities.
(e) Gorge areas division: restrictions, limited motorboat access,
operation and maintenance of rail line, access routes,
maintenance of roads for nonvehicular traffic, ingress and egress
of residents, protection of values; adjacent areas division:
restrictions, boundaries; Rugby area; Federal consultations with
involved agencies respecting development and management of
adjacent National Area; Blue Heron Mine community, restoration;
rail and alternative transportation study; report to Congress
(1) The National Area shall be established and managed for the
purposes of preserving and interpreting the scenic, biological,
archeological, and historical resources of the river gorge areas
and developing the natural recreational potential of the area for
the enjoyment of the public and for the benefit of the economy of
the region. The area within the boundary of the National Area shall
be divided into two categories; namely, the gorge areas and
adjacent areas as hereinafter defined.
(2)(A) Within the gorge area, no extraction of, or prospecting
for minerals, petroleum products, or gas shall be permitted. No
timber shall be cut within the gorge area except for limited
clearing necessary for establishment of day-use facilities,
historical sites, primitive campgrounds, and access roads. No
structures shall be constructed within the gorge area except for
structures associated with the improvement of historical sites
specified in paragraphs (5), (6), and (8), except for day-use
facilities and primitive campgrounds along the primary and
secondary access routes specified herein and within 500 feet of
such roads, and except for primitive campgrounds accessible only by
water or on foot. No motorized transportation shall be allowed in
the gorge area except on designated access routes, existing routes
for administration of the National Area, existing routes for access
to cemeteries; except that motorboat access into the gorge area
shall be permitted up to a point one-tenth of a mile downstream
from Devils' Jumps and except for the continued operation and
maintenance of the rail line currently operated and known as the K
& T Railroad. The Secretary of the Interior shall impose
limitations on the use of existing routes for access to cemeteries.
The Secretary shall acquire such interest in the K & T Railroad
right-of-way by easement as he deems necessary to protect the
scenic, esthetic, and recreational values of the gorge area and the
adjacent areas.
(B) Primary access routes into the gorge area may be constructed
or improved upon the general route of the following designated
roads: Tennessee Highway Numbered 52, FAS 2451 (Leatherwood Ford
Road), the road into the Blue Heron Community, and Kentucky Highway
Numbered 92.
(C) Secondary access roads in the gorge area may be constructed
or improved upon the following routes: the roads from Smith Town,
Kentucky, to Worley, Kentucky, the road crossing the Clear Fork at
Burnt Mill Bridge, the road from Goad, Tennessee, to Zenith,
Tennessee, the road from Co-Operative, Kentucky, to Kentucky
Highway Numbered 92, the road entering the gorge across from the
mouth of Alum Creek in Kentucky, the road crossing the Clear Fork
at Peters Bridge, the road entering the gorge across from the mouth
of Station Camp Creek.
(D) All other existing roads in the gorge area shall be
maintained for nonmotorized traffic only, except that nothing in
this section shall abrogate the right of ingress and egress of
those who remain in occupancy under subsection (c)(1) of this
section.
(E) Road improvement or maintenance and any construction of roads
or facilities in the gorge area as permitted by this section shall
be accomplished by the Secretary in a manner that will protect the
declared values of this unique natural scenic resource.
(3) In adjacent areas: the removal of timber shall be permitted
only where required for the development or maintenance of public
use and for administrative sites and shall be accomplished with
careful regard for scenic and environmental values; prospecting for
minerals and the extraction of minerals from the adjacent areas
shall be permitted only where the adit to any such mine can be
located outside the boundary of the National Area; no surface
mining or strip mining shall be permitted; prospecting and drilling
for petroleum products and natural gas shall be permitted in the
adjacent area under such regulations as the Secretary or the
Secretary of the Interior, after jurisdiction over the national
river and recreation area has been transferred to him under
subsection (b) of this section, may prescribe to minimize
detrimental environment impact, such regulations shall provide
among other things for an area limitation for each such operation,
zones where operations will not be permitted, and safeguards to
prevent air and water pollution; no storage facilities for
petroleum products or natural gas shall be located within the
boundary of the National Area except as necessary and incidental to
production; the Secretary is authorized to construct two lodges
with recreational facilities within the adjacent areas so as to
maximize and enhance public use and enjoyment of the National Area;
construction of all roads and facilities in the adjacent areas
shall be undertaken with careful regard for the maintenance of the
scenic and esthetic values of the gorge area and the adjacent
areas.
(4) The gorge area as set out in paragraphs (1) and (2) of this
subsection shall consist of all lands and waters of the Big South
Fork, Clear Fork, and New York River which lie between the gorge or
valley rim on either side (where the rim is not clearly defined by
topography, the gorge boundary shall be established at an elevation
no lower than that of the nearest clearly demarked rim on the same
side of the valley), and those portions of the main tributaries and
streams in the watersheds of the Big South Fork, Clear Fork, and
New River that lie within a gorge or valley rim on either side,
except that no lands or waters north of Kentucky Highway Numbered
92 shall be included. The designated adjacent areas shall consist
of the balance of the National Area.
(5) The Secretary, and the Secretary of the Interior, shall
consult and cooperate with the Tennessee Historical Commission and
the Rugby Restoration Association and with other involved agencies
and associations, both public and private concerning the
development and management of the National Area in the area
adjacent to Rugby, Tennessee. Development within the area adjacent
to Rugby, Tennessee, shall be designed toward preserving and
enhancing the historical integrity of the community and any
historical sites within the boundary of the National Area.
(6) The Secretary, or the Secretary of the Interior, after
jurisdiction over the National Area has been transferred to him
under subsection (b) of this section, shall provide for the
restoration of the Blue Heron Mine community in a manner which will
preserve and enhance the historical integrity of the community and
will contribute to the public's understanding and enjoyment of its
historical value. To that end the Secretary, or the Secretary of
the Interior, after jurisdiction over the National Area has been
transferred to him under subsection (b) of this section, may
construct and improve structures within and may construct and
improve a road into this community.
(7) The Secretary shall study the desirability and feasibility of
reestablishing rail transportation on the abandoned O&W railbed or
an alternative mode of transportation within the National Area upon
the O&W roadbed, and shall report to Congress his recommendation
with regard to development of this facility.
(8) Improvement of charit creek lodge and historic structures. -
The Secretary of the Interior may make improvements to the Charit
Creek Lodge and associated facilities and to historic structures
determined to be eligible for listing in the National Register of
Historic Places. Such improvements shall be made in a manner
consistent with the historic scene and the limited ability of the
National Area to accommodate additional use and development.
Improvements to the Charit Creek Lodge and associated facilities
shall be made within the approximately 30 acres of cleared land
existing on November 15, 1990, and within carrying capacity
limitations determined by the National Park Service.
(f) Federal power and water resources projects; license and other
restrictions; limitations inapplicable to external areas
The Federal Energy Regulatory Commission shall not license the
construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works under the Federal Power
Act (41 Stat. 1063) as amended (16 U.S.C. 791a et seq.), within or
directly affecting the National Area and no department or agency of
the United States shall assist by loan, grant, license, or
otherwise in the construction of any water resources project that
would have a direct and adverse effect on the values for which the
National Area was established. Nothing contained in the preceding
sentence shall preclude licensing of, or assistance to,
developments below or above the National Area or on any stream
tributary thereto which will not invade the National Area or
unreasonably diminish the scenic, recreation, and fish and wildlife
values present in the area on March 7, 1974. No department or
agency of the United States shall recommend authorization of any
water resources project that would have a direct and adverse effect
on the values for which the National Area was established, or
request appropriations to begin construction of any such project,
whether heretofore or hereafter authorized, without advising the
Secretary or the Secretary of the Interior, after jurisdiction over
the National Area has been transferred to him under subsection (b)
of this section, in writing of its intention so to do at least
sixty days in advance, and without specifically reporting to the
Congress in writing at the time it makes its recommendations or
request in what respect construction of such project would be in
conflict with the purposes of this section and would affect the
National Area and the values to be protected under this section.
(g) Transportation facilities; study and establishment
The Secretary shall study transportation facilities in the region
served by the National Area and shall establish transportation
facilities to enhance public access to the National Area. In this
connection the Secretary is authorized to acquire and maintain
public roads, other than State highways, necessary to serve the
public use facilities within the National Area, and to establish
and maintain, at Federal cost an interior and circulating road
system sufficient to meet the purposes of this section. Any
existing public road, which at the time of its acquisition
continues to be a necessary and essential part of the county
highway system, may, upon mutual agreement between the Secretary
and the owner of such road, be relocated outside of the National
Area and if not so relocated such road shall be maintained at
Federal expense and kept open at all times for general travel
purposes. Nothing in this subsection shall abrogate the right of
egress and ingress of those persons who may remain in occupancy
under subsection (c) of this section. Nothing in this subsection
shall preclude the adjustment, relocation, reconstruction, or
abandonment of State highways situated in the National Area, with
the concurrence of the agency having the custody of such highways
upon entering into such arrangements as the Secretary or the
Secretary of the Interior, after jurisdiction over the National
Area has been transferred to him under subsection (b) of this
section, deems appropriate and in the best interest of the general
welfare.
(h) New River plan and programs; transmittal to Congress
In furtherance of the purpose of this subsection the Secretary in
cooperation with the Secretary of Agriculture, the heads of other
Federal departments and agencies involved, and the State of
Tennessee and its political subdivisions, shall formulate a
comprehensive plan for that portion of the New River that lies
upstream from United States Highway Numbered 27. Such plan shall
include, among other things, programs to enhance the environment
and conserve and develop natural resources, and to minimize
siltation and acid mine drainage. Such plan, with recommendations,
including those as to costs and administrative responsibilities,
shall be completed and transmitted to the Congress within one year
from March 7, 1974.
(i) Water quality protection; interagency cooperation
The Secretary or the Secretary of the Interior, after
jurisdiction over the National Area has been transferred to him
under subsection (b) of this subsection, shall consult and
cooperate with other departments and agencies of the United States
and the States of Tennessee and Kentucky in the development of
measures and programs to protect and enhance water quality within
the National Area and to insure that such programs for the
protection and enhancement of water quality do not diminish other
values that are to be protected under this section.
(j) Real and personal property tax losses; reimbursement;
authorization of appropriations
(1) Until such time as the transfer of jurisdiction to the
Secretary of the Interior authorized by subsection (b) of this
section shall take place, for the purpose of financially assisting
the States of Tennessee and Kentucky, McCreary County, Kentucky,
and Scott, Morgan, Pickett, and Fentress Counties in Tennessee,
because of losses which these jurisdictions will sustain by reason
of the fact that certain lands and other property within their
boundaries may be included within the National Area established by
this section and thereafter will no longer be subject to real and
personal property taxes levied or imposed by them, payments shall
be made to them on an annual basis in an amount equal to those
taxes levied or imposed on such property for the last taxable year
immediately preceding March 7, 1974.
(2) For the purpose of enabling the Secretary to make such
payments during the fiscal years ending June 30, 1975, June 30,
1976, June 30, 1977, June 30, 1978, and June 30, 1979, there are
authorized to be appropriated such sums as may be necessary.
(k) Authorization of appropriations; prohibition of appropriation
from Land and Water Conservation Fund
There are authorized to be appropriated $156,122,000 to carry out
the provisions of this section, other than subsection (j) of this
section. Costs for the National Area shall be provided in the same
manner as costs for national recreation areas administered by the
Secretary of the Interior through the National Park Service.

-SOURCE-
(Pub. L. 93-251, title I, Sec. 108, Mar. 7, 1974, 88 Stat. 43; Pub.
L. 94-587, Sec. 184, Oct. 22, 1976, 90 Stat. 2940; Pub. L. 95-91,
title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L.
99-662, title XI, Sec. 1110, Nov. 17, 1986, 100 Stat. 4231; Pub. L.
101-561, Sec. 1, Nov. 15, 1990, 104 Stat. 2778.)

-REFTEXT-
REFERENCES IN TEXT
Section 218 of the Flood Control Act of 1968, referred to in
subsec. (a), is section 218 of Pub. L. 90-483, Aug. 13, 1968, 82
Stat. 749, which was not classified to the Code.
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (c)(1), is act June 30, 1949, ch.
288, 63 Stat. 377, as amended. Except for title III of the Act,
which is classified generally to subchapter IV (Sec. 251 et seq.)
of chapter 4 of Title 41, Public Contracts, the Act was repealed
and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116
Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public
Buildings, Property, and Works.
The Federal Power Act, referred to in subsec. (f), is act June
10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified
generally to chapter 12 (Sec. 791a et seq.) of this title. For
complete classification of this Act to the Code, see section 791a
of this title and Tables.

-COD-
CODIFICATION
In subsec. (c)(1), "public ownership on October 22, 1976,"
substituted for "public ownership at the time of enactment of this
section" for purposes of codification, Oct. 22, 1976, being date of
approval of Pub. L. 94-587.


-MISC1-
AMENDMENTS
1990 - Subsec. (b). Pub. L. 101-561, Sec. 1(a), struck out par.
(1) designation, substituted "Effective upon November 15, 1990,
responsibility for all planning, acquisition, and development, as
well as administrative jurisdiction over all Federal lands, water,
interests therein, and improvements thereon, within the National
Area is hereby transferred to the Secretary of the Interior. The
Secretary may complete all acquisition and development activities
in progress on November 15, 1990, and the Secretary and the
Secretary of the Interior may, by mutual agreement, provide for an
orderly and phased assumption of responsibilities (including but
not limited to land acquisition and the construction of necessary
access roads, day-use facilities, campground facilities, lodges,
and administrative buildings) and available funds by the Secretary
of the Interior in furtherance of the purposes of this section. The
Secretary of the Interior shall administer the National Area in
accordance with sections 1, 2, 3, and 4 of this title, as amended
and supplemented. The authorities set forth in this section which
were available to the Secretary immediately prior to November 15,
1990, shall after November 15, 1990, be available to the Secretary
of the Interior." for "The Secretary shall establish the National
Area by publication of notice thereof in the Federal Register when
he determines that the United States has acquired an acreage within
the boundaries of the National Area that is efficiently
administrable for the purposes of this section. After publication
of notice, and after he has completed the construction of necessary
access roads, day-use facilities, campground facilities, lodges,
and administrative buildings, the Secretary shall transfer the
jurisdiction of the National Area to the Secretary of the Interior
who shall administer the National Area in accordance with sections
1, 2, 3, and 4 of this title, as amended and supplemented.", struck
out at end of par. (1) "The Secretary may, prior to the transfer to
the Secretary of the Interior, revise the boundaries from time to
time, but the total acreage within such boundaries shall not exceed
one hundred and twenty-five thousand acres.", and struck out par.
(2) which read as follows: "The Secretary may by agreement with the
Secretary of the Interior provide for interim management by the
Department of the Interior, in accordance with the provisions of
sections 1, 2, 3, and 4 of this title, as amended and supplemented,
of any portion or portions of the project which constitute a
logically and efficiently administrable area. The Secretary is
authorized to transfer funds to the Department of the Interior for
the costs of such interim management out of funds appropriated for
the project."
Subsec. (e)(2)(A). Pub. L. 101-561, Sec. 1(b), substituted "No
structures shall be constructed within the gorge area except for
structures associated with the improvement of historical sites
specified in paragraphs (5), (6), and (8), except for day-use
facilities and primitive campgrounds along the primary and
secondary access routes specified herein and within 500 feet of
such roads, and except for primitive campgrounds accessible only by
water or on foot. No motorized transportation shall be allowed in
the gorge area except on designated access routes, existing routes
for administration of the National Area, existing routes for access
to cemeteries; except that motorboat access into the gorge area
shall be permitted up to a point one-tenth of a mile downstream
from Devils' Jumps and except for the continued operation and
maintenance of the rail line currently operated and known as the K
& T Railroad. The Secretary of the Interior shall impose
limitations on the use of existing routes for access to
cemeteries." for "No structures shall be constructed within the
gorge except for reconstruction and improvement of the historical
sites specified in paragraphs (5) and (6) of this subsection and
except for necessary day-use facilities along the primary and
secondary access routes specified herein and within five hundred
feet of such roads, and except for primitive campgrounds accessible
only by water or on foot. No motorized transportation shall be
allowed in the gorge area except on designated access routes and
except that motorboat access into the gorge area shall be permitted
up to a point one-tenth of a mile downstream from Devil's Jumps;
and except for the continued operation and maintenance of the rail
line currently operated and known as the K & T Railroad."
Subsec. (e)(2)(D). Pub. L. 101-561, Sec. 1(c), substituted
"nonmotorized" for "nonvehicular".
Subsec. (e)(8). Pub. L. 101-561, Sec. 1(d), added par. (8).
Subsec. (k). Pub. L. 101-561, Sec. 1(e), substituted "Costs for
the National Area shall be provided in the same manner as costs for
national recreation areas administered by the Secretary of the
Interior through the National Park Service" for "No moneys shall be
appropriated from the Land and Water Conservation Fund to carry out
the purposes of this section".
1986 - Subsec. (k). Pub. L. 99-662 substituted "$156,122,000" for
"$103,522,000".
1976 - Subsec. (a). Pub. L. 94-587, Sec. 184(a), provided for
acquisition of outside sites for administrative, visitor
orientation, and recreation facilities.
Subsec. (b). Pub. L. 94-587, Sec. 184(b), designated existing
provisions as par. (1) and added par. (2).
Subsec. (c)(1). Pub. L. 94-587, Sec. 184(c), inserted "which were
in public ownership on October 22, 1976," after "political
subdivisions thereof".
Subsec. (e)(2)(A). Pub. L. 94-587, Sec. 184(d), provided for
motorboat access into the gorge area, continued operation and
maintenance of the rail line, and acquisition by the Secretary of
an interest in the rail line easement for protection of scenic,
esthetic, and recreational values of the gorge area and the
adjacent areas.
Subsec. (e)(2)(C). Pub. L. 94-587, Sec. 184(e), authorized
construction of a secondary access road upon the road entering the
gorge across from the mouth of Station Camp Creek.
Subsec. (k). Pub. L. 94-587, Sec. 184(f), substituted
"$103,522,000" for "$32,850,000".


-TRANS-
TRANSFER OF FUNCTIONS
"Federal Energy Regulatory Commission" substituted for "Federal
Power Commission" in subsec. (f) pursuant to Pub. L. 95-91, Sec.
402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title
42, The Public Health and Welfare.
Federal Power Commission terminated and functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters
under part I of Federal Power Act (16 U.S.C. 792 et seq.)
transferred to Federal Energy Regulatory Commission by sections
7172(a)(1)(A) and 7293 of Title 42.

-FOOTNOTE-
(!1) See References in Text note below.


-End-


-CITE-
16 USC SUBCHAPTER XC - CUYAHOGA VALLEY NATIONAL PARK 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XC - CUYAHOGA VALLEY NATIONAL PARK

-HEAD-
SUBCHAPTER XC - CUYAHOGA VALLEY NATIONAL PARK

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XC - CUYAHOGA VALLEY NATIONAL PARK

-HEAD-
Sec. 460ff. Establishment

-STATUTE-
For the purpose of preserving and protecting for public use and
enjoyment, the historic, scenic, natural, and recreational values
of the Cuyahoga River and the adjacent lands of the Cuyahoga Valley
and for the purpose of providing for the maintenance of needed
recreational open space necessary to the urban environment, the
Cuyahoga Valley National Park, hereafter referred to as the "park",
shall be established within six months after December 27, 1974. In
the management of the park, the Secretary of the Interior
(hereafter referred to as the "Secretary") shall utilize the park
resources in a manner which will preserve its scenic, natural, and
historic setting while providing for the recreational and
educational needs of the visiting public.

-SOURCE-
(Pub. L. 93-555, Sec. 1, Dec. 27, 1974, 88 Stat. 1784; Pub. L.
106-291, title I, Sec. 149(c), Oct. 11, 2000, 114 Stat. 956.)


-MISC1-
AMENDMENTS
2000 - Pub. L. 106-291 substituted "National Park" for "National
Recreation Area" and substituted "park" for "recreation area"
wherever appearing.

REDESIGNATION OF CUYAHOGA VALLEY NATIONAL RECREATION AREA
Pub. L. 106-291, title I, Sec. 149(a), (b), Oct. 11, 2000, 114
Stat. 956, provided that:
"(a) Redesignation. - The Cuyahoga Valley National Recreation
Area is redesignated as Cuyahoga Valley National Park.
"(b) References. - Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Cuyahoga Valley National Recreation Area is deemed to be a
reference to Cuyahoga Valley National Park."

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XC - CUYAHOGA VALLEY NATIONAL PARK

-HEAD-
Sec. 460ff-1. Acquisition of land

-STATUTE-
(a) Composition and boundaries; boundary revisions; certain
specific property
The park shall comprise the lands and waters generally depicted
on the map entitled "Boundary Map, Cuyahoga Valley National Park,
Ohio", numbered 644-80,054 and dated July 1986, which shall be on
file and available for inspection in the offices of the National
Park Service, Department of the Interior, Washington, District of
Columbia, and in the main public library of Akron, Ohio, and
Cleveland, Ohio. After advising the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of
the House of Representatives, in writing, the Secretary may make
minor revisions of the boundaries of the park when necessary by
publication of a revised drawing or other boundary description in
the Federal Register: Provided, That with respect to the property
known as the Hydraulic Brick Company located in Independence, Ohio,
the Secretary shall have the first right of refusal to purchase
such property for a purchase price not exceeding the fair market
value of such property on the date it is offered for sale. When
acquired such property shall be administered as part of the park,
subject to the laws and regulations applicable thereto. The park
shall also comprise any lands designated as "City of Akron Lands"
on the map referred to in the first sentence which are offered as
donations to the Department of the Interior or which become
privately owned. The Secretary shall revise such map to depict such
lands as part of the park.
(b) Manner of acquisition; scenic easements; donation of State
lands; private lands essential to area; transfer of Federal
property to Secretary
Within the boundaries of the park, the Secretary, after
consultation with the Governor of the State of Ohio and the
Advisory Commission established in section 460ff-4 (!1) of this
title, may acquire lands, improvements, waters, or interests
therein by donation, purchase with donated or appropriated funds,
exchange, or transfer. The Secretary may not acquire fee title to
any lands included within the park in 1986 which are designated on
the map referred to in subsection (a) of this section as "Scenic
Easement Acquisition Areas". The Secretary may acquire only scenic
easements in such designated lands. Unless consented to by the
owner from which the easement is acquired, any such scenic easement
may not prohibit any activity, the subdivision of any land, or the
construction of any building or other facility if such activity,
subdivision, or construction would have been permitted under laws
and ordinances of the unit of local government in which such land
was located on April 1, 1986, as such laws and ordinances were in
effect on such date. Any lands or interests owned therein, as well
as any lands hereafter acquired, by the State of Ohio or any
political subdivision thereof (including any park district or other
public entity) within the boundaries of the park may be acquired
only by donation or exchange for equal value. In determining the
exchange value of lands of the State or any political subdivision
thereof under this subsection, the Secretary shall not include in
the value of those lands amounts paid from the land and water
conservation fund, if any, for the original acquisition of those
lands by the State or political subdivision. The Secretary shall
not acquire privately owned lands which are held and used for
public recreation uses unless he determines that such lands are
essential to carry out the purposes of this subchapter.
Notwithstanding any other provisions of law, any Federal property
located within the boundaries of the park may, with the concurrence
of the agency having custody thereof, be transferred without
transfer of funds to the administrative jurisdiction of the
Secretary for the purposes of the park.

(c) Scenic easements or other interests in improved property;
prerequisites to acquisition of fee title
With respect to improved properties, as defined in this
subchapter, the Secretary may acquire scenic easements or such
other interests as, in his judgment, are necessary for the purposes
of the park. Fee title to such improved properties shall not be
acquired unless the Secretary finds that such lands are being used,
or are threatened with uses, which are detrimental to the purposes
of the park, or unless such acquisition is necessary to fulfill the
purposes of this subchapter.
(d) Acquired lands partly outside boundaries; exchange for
non-Federal lands within boundaries; report to General Services
Administration for disposal
When any tract of land is only partly within the boundaries of
the park, the Secretary may acquire all or any portion of the land
outside of such boundaries in order to minimize the payment of
severance costs. Land so acquired outside of the boundaries may be
exchanged by the Secretary for non-Federal lands within the
boundaries. Any portion of the land acquired outside the boundaries
and not utilized for exchange shall be reported to the General
Services Administration for disposal under the Federal Property and
Administrative Services Act of 1949, as amended: Provided, That no
disposal shall be for less than the fair market value of the lands
involved.
(e) "Improved property" defined; determination by Secretary
For the purposes of this subchapter, the term "improved property"
means: (i) a detached single family dwelling, the construction of
which was begun before January 1, 1975 (hereafter referred to as
"dwelling"), together with so much of the land on which the
dwelling is situated, the said land being in the same ownership as
the dwelling, as the Secretary shall designate to be reasonably
necessary for the enjoyment of the dwelling for the sole purpose of
noncommercial residential use, together with any structures
necessary to the dwelling which are situated on the land so
designated, or (ii) property developed for agricultural uses,
together with any structures accessory thereto which were so used
on or before January 1, 1975. An determining when and to what
extent a property is to be considered an "improved property", the
Secretary shall take into consideration the manner of use of such
buildings and lands prior to January 1, 1975, and shall designate (continued)