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(continued)
such lands as are reasonably necessary for the continued enjoyment
of the property in the same manner and to the same extent as
existed prior to such date. In applying this subsection with
respect to lands and interests therein added to the park by action
of the Ninety-fifth Congress, the date "January 1, 1978," shall be
substituted for the date "January 1, 1975," in each place it
appears.
(f) Retention by owner of right of use and occupancy for
noncommercial residential or agricultural purposes; terms;
payment of fair market value; termination by Secretary for use
inconsistent with statutory purpose
The owner of an improved property, as defined in this subchapter,
on the date of its acquisition, as a condition of such acquisition,
may retain for himself, his heirs and assigns, a right of use and
occupancy of the improved property for noncommercial residential or
agricultural purposes, as the case may be, for a definite term of
not more than twenty-five years, or, in lieu thereof, for a term
ending at the death of the owner or the death of his spouse,
whichever is later. The owner shall elect the term to be reserved.
Unless the property is wholly or partially donated, the Secretary
shall pay to the owner the fair market value of the property on the
date of its acquisition, less the fair market value on that date of
the right retained by the owner. A right retained by the owner
pursuant to this section shall be subject to termination by the
Secretary upon his determination that it is being exercised in a
manner inconsistent with the purposes of this subchapter, and it
shall terminate by operation of law upon notification by the
Secretary to the holder of the right of such determination and
tendering to him the amount equal to the fair market value of that
portion which remains unexpired.
(g) Offers to sell by owners claiming undue hardship
In exercising his authority to acquire property under this
subchapter, the Secretary shall give prompt and careful
consideration to any offer made by an individual owning property
within the park to sell such property, if such individual notifies
the Secretary that the continued ownership of such property is
causing, or would result in, undue hardship.

-SOURCE-
(Pub. L. 93-555, Sec. 2, Dec. 27, 1974, 88 Stat. 1784; Pub. L.
94-578, title III, Sec. 323(a), Oct. 21, 1976, 90 Stat. 2742; Pub.
L. 95-625, title III, Sec. 315(a), (d), (f), Nov. 10, 1978, 92
Stat. 3483; Pub. L. 96-87, title IV, Sec. 401(g), Oct. 12, 1979, 93
Stat. 666; Pub. L. 99-606, Sec. 16, Nov. 6, 1986, 100 Stat. 3468;
Pub. L. 102-431, Sec. 1, Oct. 23, 1992, 106 Stat. 2211; Pub. L.
103-437, Sec. 6(a)(5), Nov. 2, 1994, 108 Stat. 4583; Pub. L.
106-291, title I, Sec. 149(b), (c)(2), Oct. 11, 2000, 114 Stat.
956.)

-REFTEXT-
REFERENCES IN TEXT
Section 460ff-4 of this title, referred to in subsec. (b), was in
the original "section 5 of this Act" meaning section 5 of Pub. L.
93-555 which was repealed and section 6 was redesignated section 5
by Pub. L. 106-291, title I, Sec. 149(d), Oct. 11, 2000, 114 Stat.
956.
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (d), 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.


-MISC1-
AMENDMENTS
2000 - Pub. L. 106-291, Sec. 149(c)(2), substituted "the park"
for "the recreation area" wherever appearing and "The park" for
"The recreation area" in subsec. (a).
Subsec. (a). Pub. L. 106-291, Sec. 149(b), substituted "The park
shall" for "The recreational area shall" and "National Park" for
"National Recreation Area".
1994 - Subsec. (a). Pub. L. 103-437 substituted "Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives" for "Committees
on Interior and Insular Affairs of the United States Congress".
1992 - Subsec. (b). Pub. L. 102-431 substituted "within the
boundaries of the recreation area 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" for "may be acquired only by donation".
1986 - Subsec. (a). Pub. L. 99-606, Sec. 16(1), (2), substituted
"numbered 644-80,054 and dated July 1986" for "numbered
655-90,001-A and dated May 1978" and inserted provisions relating
to City of Akron Lands on the map referred to in first sentence
offered as donations or privately owned, and revision of such map.
Subsec. (b). Pub. L. 99-606, Sec. 16(3), inserted provisions
prohibiting acquisition of fee title to any lands designated on the
map referred to in subsection (a) as "Scenic Easement Acquisition
Areas", but acquisition of only scenic easement with no prohibition
on activities unless consented to by owner, if such activity, etc.
would have been permitted under laws of the local government on
Apr. 1, 1986.
1979 - Subsec. (a). Pub. L. 96-87 substituted "numbered
655-90,001-A" for "numbered 90,001-A".
1978 - Subsec. (a). Pub. L. 95-625, Sec. 315(a), (f), substituted
reference to Boundary Map "numbered 90,001-A, and dated May 1978"
for "numbered 90,000-A, and dated September 1976" and inserted
provision for land acquisition of the Hydraulic Brick Company and
administration of the property as part of the recreation area.
Subsec. (e). Pub. L. 95-625, Sec. 315(d), provided for
substitution of date "January 1, 1978" for "January 1, 1975"
wherever appearing in application of the subsec. to lands and
interests therein added to the recreation area by action of the
Ninety-fifth Congress.
1976 - Subsec. (a). Pub. L. 94-578 substituted " 'Boundary Map,
Cuyahoga Valley National Recreation Area, Ohio', numbered 90,000-A,
and dated September 1976" for " 'Boundary Map, Cuyahoga Valley
National Recreation Area, Ohio', numbered NRA-CUYA-20,000-A, and
dated December 1974".

-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.

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


-End-



-CITE-
16 USC Sec. 460ff-2 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-2. Land acquisition plan

-STATUTE-
(a) Submission to Congressional committees; time; contents
Within one year after December 27, 1974, the Secretary shall
submit, in writing, to the Committees on Interior and Insular
Affairs and to the Committees on Appropriations of the United
States Congress a detailed plan which shall indicate:
(i) the lands and areas which he deems essential to the
protection and public enjoyment of this park,
(ii) the lands which he has previously acquired by purchase,
donation, exchange, or transfer for the purpose of this park, and
(iii) the annual acquisition program (including the level of
funding) which he recommends for the ensuing five fiscal years.
(b) Congressional intent for land acquisition completion
It is the express intent of the Congress that the Secretary
should substantially complete the land acquisition program
contemplated by this subchapter within six years after December 27,
1974.

-SOURCE-
(Pub. L. 93-555, Sec. 3, Dec. 27, 1974, 88 Stat. 1786; Pub. L.
106-291, title I, Sec. 149(c)(2), Oct. 11, 2000, 114 Stat. 956.)


-MISC1-
AMENDMENTS
2000 - Subsec. (a)(i), (ii). Pub. L. 106-291 substituted "park"
for "recreation area".

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the Senate abolished
and replaced by Committee on Energy and Natural Resources of the
Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of
the Senate, as amended by Senate Resolution No. 4 (popularly cited
as the "Committee System Reorganization Amendments of 1977"),
approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.

-End-



-CITE-
16 USC Sec. 460ff-3 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-3. Administration

-STATUTE-
(a) Provisions applicable; utilization of authorities for
conservation and management of wildlife and natural resources
The Secretary shall administer the park in accordance with the
provisions of sections 1, 2, 3, and 4 of this title, as amended and
supplemented. In the administration of the park, 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.
(b) Federal-State cooperative agreements for police and fire
protection
The Secretary may enter into cooperative agreements with the
State of Ohio, 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.
(c) Water resource developments; restoration of vegetative cover to
eliminate erosion
(1) The authority of the Secretary of the Army to undertake or
contribute to water resource development, including erosion control
and flood control, on land or waters within the park 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 purposes of this subchapter and
the purposes of existing statutes dealing with water and related
land resource development.
(2) The Secretary is authorized and directed, in cooperation with
the Secretary of Agriculture, the State of Ohio, and affected local
governments, to undertake a program of and treatment for the
purpose of restoring suitable vegetative cover to substantially
eliminate erosion from all lands, public and private, within the
authorized boundaries of the park. In the case of any private
lands, within such authorized boundaries such treatment may be
undertaken only with the consent of the owner thereof and shall be
contingent upon assurances that such land treatment will be
maintained by the owner for a period of not less than ten years.
The Secretary shall, in conjunction with such program, take such
actions as may be required to correct areas of ecological
degradation which create hazards to health and safety.
(d) Inventory and evaluation of historical, cultural and
architectural sites and structures; programs for preservation,
restoration, interpretation and utilization
The Secretary, in consultation with the Governor of the State of
Ohio, shall inventory and evaluate all sites and structures within
the park having present and potential historical, cultural, or
architectural significance and shall provide for appropriate
programs for the preservation, restoration, interpretation, and
utilization of them.
(e) Donations for services and facilities
Notwithstanding any other provision of law, the Secretary is
authorized to accept donations of funds, property, or services from
individuals, foundations, corporations, or public entities for the
purposes of providing services and facilities which he deems
consistent with the purposes of this subchapter.
(f) Zoning laws and ordinances; consultation and assistance with
local government or intergovernmental organization in
establishment; objectives; technical aid
The Secretary may, on his own initiative, or at the request of
any local government (or intergovernmental organization) having
jurisdiction over land located within or adjacent to the park,
assist and consult with the appropriate officers and employees of
such local government (or intergovernmental organization) in
establishing zoning laws or ordinances which will assist in
achieving the purposes of this subchapter. In providing assistance
pursuant to this subsection, the Secretary shall endeavor to obtain
provisions in such zoning laws or ordinances which -
(1) have the effect of prohibiting the commercial and
industrial use (other than a use for commercial farms and
orchards) of all real property adjacent to the park;
(2) aid in preserving the character of the park by appropriate
restrictions on the use of real property in the vicinity
including, but not limited to, restrictions upon: building and
construction of all types; signs and billboards; the burning of
cover; cutting of timber (except tracts managed for sustained
yield); removal of topsoil, sand, or gravel; dumping, storage, or
piling of refuse; or any other use which would detract from the
aesthetic character of the park; and
(3) have the effect of providing that the Secretary shall
receive notice of any hearing for the purpose of granting a
variance and any variance granted under, and of any exception
made to, the application of such law or ordinance.

Assistance under this subsection may include payments for technical
aid.

-SOURCE-
(Pub. L. 93-555, Sec. 4, Dec. 27, 1974, 88 Stat. 1787; Pub. L.
95-625, title III, Sec. 315(e), Nov. 10, 1978, 92 Stat. 3483; Pub.
L. 99-658, title I, Sec. 104(j)(1), Nov. 14, 1986, 100 Stat. 3677;
Pub. L. 106-291, title I, Sec. 149(c)(2), Oct. 11, 2000, 114 Stat.
956.)


-MISC1-
AMENDMENTS
2000 - Pub. L. 106-291 substituted "park" for "recreation area"
wherever appearing.
1986 - Subsec. (c). Pub. L. 99-658 designated existing provision
as par. (1) and added par. (2).
1978 - Subsec. (f). Pub. L. 95-625 inserted in introductory text
"(or intergovernmental organization)" after "local government" in
two places, and last sentence providing that assistance may include
payments for technical aid.

APPROPRIATIONS FOR ROADS
Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 996, as
amended by Pub. L. 106-291, title I, Sec. 149(b), Oct. 11, 2000,
114 Stat. 956, provided in part that: "appropriations for
maintenance and improvement of roads within the boundary of the
Cuyahoga Valley National Park shall be available for such purposes
without regard to whether title to such road rights-of-way is in
the United States".

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

-End-



-CITE-
16 USC Sec. 460ff-4 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-4. Repealed. Pub. L. 106-291, title I, Sec. 149(d), Oct.
11, 2000, 114 Stat. 956

-MISC1-
Section, Pub. L. 93-555, Sec. 5, Dec. 27, 1974, 88 Stat. 1788,
established the Cuyahoga Valley National Recreation Area Advisory
Commission.

-End-



-CITE-
16 USC Sec. 460ff-5 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-5. Authorization of appropriations; master plan

-STATUTE-
(a) Limitation on acquisition of lands and interests in lands
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this subchapter, but not
more than $70,100,000 for the acquisition of lands and interests in
lands.
(b) Development of plan; consultation with State; transmittal to
Congressional committees; contents
For the development of the park, including improvements of
properties acquired for purposes of this subchapter, there is
authorized to be appropriated not more than $13,000,000. Within one
year from the date of establishment of the park pursuant to this
subchapter, the Secretary shall, after consulting with the Governor
of the State of Ohio, develop and transmit to the Committees on
Interior and Insular Affairs of the United States Congress a final
master plan for the development of the park consistent with the
objectives of this subchapter, indicating:
(1) the facilities needed to accommodate the health, safety,
and recreation needs of the visiting public;
(2) the location and estimated cost of all facilities; and
(3) the projected need for any additional facilities within the
area.
(c) Restoration of vegetative cover to eliminate erosion
There are hereby authorized to be appropriated not more than
$500,000 for fiscal year 1986, $1,000,000 for fiscal year 1987,
$1,500,000 for fiscal year 1988, and $1,750,000 for fiscal year
1989, to carry out the provisions of section 460ff-3(c)(2) of this
title. Any amounts authorized to be appropriated for any fiscal
year under this subsection which are not appropriated for that
fiscal year shall remain available for appropriation in succeeding
fiscal years.

-SOURCE-
(Pub. L. 93-555, Sec. 5, formerly Sec. 6, Dec. 27, 1974, 88 Stat.
1788; Pub. L. 94-578, title III, Sec. 323(b), Oct. 21, 1976, 90
Stat. 2742; Pub. L. 95-625, title III, Sec. 315(b), (c), Nov. 10,
1978, 92 Stat. 3483; Pub. L. 99-658, title I, Sec. 104(j)(2), Nov.
14, 1986, 100 Stat. 3678; renumbered Sec. 5 and amended Pub. L.
106-291, title I, Sec. 149(c)(2), (d), Oct. 11, 2000, 114 Stat.
956.)


-MISC1-
PRIOR PROVISIONS
A prior section 5 of Pub. L. 93-555 was classified to section
460ff-4 of this title, prior to repeal by Pub. L. 106-291.

AMENDMENTS
2000 - Subsec. (b). Pub. L. 106-291, Sec. 149(c)(2), substituted
"park" for "recreation area" wherever appearing in introductory
provisions.
1986 - Subsec. (c). Pub. L. 99-658 added subsec. (c).
1978 - Subsec. (a). Pub. L. 95-625, Sec. 315(b), increased
appropriations authorization to $70,100,000 from $41,100,000.
Subsec. (b). Pub. L. 95-625, Sec. 315(c), substituted "For the
development of the recreation area, including improvements of
properties acquired for purposes of this subchapter, there is
authorized to be appropriated not more than $13,000,000" for "For
the development of essential public facilities there are authorized
to be appropriated not more than $500,000".
1976 - Subsec. (a). Pub. L. 94-578 substituted "$41,100,000" for
"$34,500,000".

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the Senate abolished
and replaced by Committee on Energy and Natural Resources of the
Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of
the Senate, as amended by Senate Resolution No. 4 (popularly cited
as the "Committee System Reorganization Amendments of 1977"),
approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.


-MISC2-
EXPENDITURE OF FUNDS TO COMMENCE OCTOBER 1, 1977
Section 323(c) of Pub. L. 94-578 provided that: "No funds
authorized by this section [amending sections 460ff-1(a) and
460ff-5 of this title] in excess of those sums previously
authorized by the Act of December 27, 1974, [this section as
originally enacted], shall be available for expenditure before
October 1, 1977."

-End-


-CITE-
16 USC SUBCHAPTER XCI - HELLS CANYON NATIONAL RECREATION
AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCI - HELLS CANYON NATIONAL RECREATION AREA

-HEAD-
SUBCHAPTER XCI - HELLS CANYON NATIONAL RECREATION AREA

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCI - HELLS CANYON NATIONAL RECREATION AREA

-HEAD-
Sec. 460gg. Establishment

-STATUTE-
(a) In general
To assure that the natural beauty, and historical and
archeological values of the Hells Canyon area and the
seventy-one-mile segment of the Snake River between Hells Canyon
Dam and the Oregon-Washington border, together with portions of
certain of its tributaries and adjacent lands, are preserved for
this and future generations, and that the recreational and ecologic
values and public enjoyment of the area are thereby enhanced, there
is hereby established the Hells Canyon National Recreation Area.
(b) Boundaries; publication in Federal Register
The Hells Canyon National Recreation Area (hereinafter referred
to as the "recreation area"), which includes the Hells Canyon
Wilderness (hereinafter referred to as the "wilderness"), the
components of the Wild and Scenic Rivers System designated in
section 3 of this Act, and the wilderness study areas designated in
section 460gg-5(d) of this title, shall comprise the lands and
waters generally depicted on the map entitled "Hells Canyon
National Recreation Area" dated May 1978, which shall be on file
and available for public inspection in the office of the Chief,
Forest Service, United States Department of Agriculture. The
Secretary of Agriculture (hereinafter referred to as "the
Secretary"), shall, as soon as practicable, but no later than
eighteen months after December 31, 1975, publish a detailed
boundary description of the recreation area, the wilderness study
areas designated in section 460gg-5(d) of this title, and the
wilderness established in section 460gg-1 of this title in the
Federal Register.

-SOURCE-
(Pub. L. 94-199, Sec. 1, Dec. 31, 1975, 89 Stat. 1117; Pub. L.
95-625, title VI, Sec. 607, Nov. 10, 1978, 92 Stat. 3520.)

-REFTEXT-
REFERENCES IN TEXT
Section 3 of this Act, referred to in subsec. (b), is section 3
of Pub. L. 94-199. Subsec. (a) of section 3 added pars. (11) and
(12) of section 1274(a) of this title, relating to components of
the national wild and scenic rivers system. Subsec. (b) of section
3, relating to the administration of those segments of the Snake
and Rapid Rivers designated as wild or scenic river areas, is set
out as a note under section 1274 of this title.


-MISC1-
AMENDMENTS
1978 - Subsec. (b). Pub. L. 95-625 substituted "May 1978" for
"September 1975" to clarify that the boundary between Saulsberry
and Freezeout Saddles is the hydrologic divide.

SEPARABILITY
Section 17 of Pub. L. 94-199 provided that: "If any provision of
this Act [this subchapter] is declared to be invalid, such
declaration shall not affect the validity of any other provision
hereof."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460gg-1, 460gg-5 of this
title.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCI - HELLS CANYON NATIONAL RECREATION AREA

-HEAD-
Sec. 460gg-1. Wilderness designation

-STATUTE-
(a) Map designation
The lands depicted as the "Hells Canyon Wilderness" on the map
referred to in section 460gg(b) of this title are hereby designated
as wilderness.
(b) Application of Wilderness Act
The wilderness designated by this subchapter shall be
administered by the Secretary in accordance with the provisions of
this subchapter or in accordance with the provisions of the
Wilderness Act [16 U.S.C. 1131 et seq.], whichever is the more
restrictive, except that any reference in such provisions of the
Wilderness Act to the effective date of that Act shall be deemed to
be a reference to the effective date of this subchapter. The
provisions of section 460gg-6(b) and section 460gg-8 of this title
shall apply to the wilderness. The Secretary shall make such
boundary revisions to the wilderness as may be necessary due to the
exercise of his authority under subsection 3(b) of this Act.

-SOURCE-
(Pub. L. 94-199, Sec. 2, Dec. 31, 1975, 89 Stat. 1117.)

-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in subsec. (b), was in the original
"this Act", which is Pub. L. 94-199, Dec. 31, 1975, 89 Stat. 1117,
which enacted sections 460gg to 460gg-13 of this title, amended
sections 1274 and 1276 of this title, and enacted provisions set
out as notes under sections 460gg and 1274 of this title.
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 Dec. 31, 1975, the date of enactment of Pub. L. 94-199.
Subsection 3(b) of this Act, referred to in subsec. (b), is
subsec. 3(b) of Pub. L. 94-199, which is set out as a note under
section 1274 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460gg, 460gg-4 of this
title.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCI - HELLS CANYON NATIONAL RECREATION AREA

-HEAD-
Sec. 460gg-2. Federal power and water resources projects

-STATUTE-
(a) Licenses by Federal Energy Regulatory Commission
Notwithstanding any other provision of law, or any authorization
heretofore given pursuant to law, the Federal Energy Regulatory
Commission may not license the construction of any dam, water
conduit, reservoir, powerhouse, transmission line, or other project
work under the Federal Power Act (41 Stat. 1063), as amended (16
U.S.C. 791a et seq.), within the recreation area: Provided, That
the provisions of the Federal Power Act (41 Stat. 1063) shall
continue to apply to any project (as defined in such Act), and all
of the facilities and improvements required or used in connection
with the operation and maintenance of said project, in existence
within the recreation area which project is already constructed or
under construction on December 31, 1975.
(b) Assistance detrimental to protected waters
No department or agency of the United States may assist by loan,
grant, license, or otherwise the construction of any water resource
facility within the recreation area which the Secretary determines
would have a direct and adverse effect on the values for which the
waters of the area are protected.

-SOURCE-
(Pub. L. 94-199, Sec. 4, Dec. 31, 1975, 89 Stat. 1118; Pub. L.
95-91, title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in subsec. (a), 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.


-TRANS-
TRANSFER OF FUNCTIONS
"Federal Energy Regulatory Commission" substituted for "Federal
Power Commission" in subsec. (a) 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.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCI - HELLS CANYON NATIONAL RECREATION AREA

-HEAD-
Sec. 460gg-3. Present and future use of Snake River

-STATUTE-
(a) Waters upstream from boundaries of area
No provision of the Wild and Scenic Rivers Act [16 U.S.C. 1271 et
seq.], nor of this subchapter, nor any guidelines, rules, or
regulations issued hereunder, shall in any way limit, restrict, or
conflict with present and future use of the waters of the Snake
River and its tributaries upstream from the boundaries of the Hells
Canyon National Recreation Area created hereby, for beneficial
uses, whether consumptive or nonconsumptive, now or hereafter
existing, including, but not limited to, domestic, municipal,
stockwater, irrigation, mining, power, or industrial uses.
(b) Flow requirements
No flow requirements of any kind may be imposed on the waters of
the Snake River below Hells Canyon Dam under the provisions of the
Wild and Scenic Rivers Act [16 U.S.C. 1271 et seq.], of this
subchapter, or any guidelines, rules, or regulations adopted
pursuant thereto.

-SOURCE-
(Pub. L. 94-199, Sec. 6, Dec. 31, 1975, 89 Stat. 1118.)

-REFTEXT-
REFERENCES IN TEXT
The Wild and Scenic Rivers Act, referred to in text, is Pub. L.
90-542, Oct. 2, 1968, 82 Stat. 906, as amended, which is classified
generally to chapter 28 (Sec. 1271 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 1271 of this title and Tables.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCI - HELLS CANYON NATIONAL RECREATION AREA

-HEAD-
Sec. 460gg-4. Administration, protection, and development

-STATUTE-
Except as otherwise provided in section 460gg-1 of this title and
section 3 of this Act, and subject to the provisions of section
460gg-7 of this title, the Secretary shall administer the
recreation area in accordance with the laws, rules, and regulations
applicable to the national forests for public outdoor recreation in
a manner compatible with the following objectives:
(1) the maintenance and protection of the freeflowing nature of
the rivers within the recreation area;
(2) conservation of scenic, wilderness, cultural, scientific,
and other values contributing to the public benefit;
(3) preservation, especially in the area generally known as
Hells Canyon, of all features and peculiarities believed to be
biologically unique including, but not limited to, rare and
endemic plant species, rare combinations of aquatic, terrestrial,
and atmospheric habitats, and the rare combinations of
outstanding and diverse ecosystems and parts of ecosystems
associated therewith;
(4) protection and maintenance of fish and wildlife habitat;
(5) protection of archeological and paleontologic sites and
interpretation of these sites for the public benefit and
knowledge insofar as it is compatible with protection;
(6) preservation and restoration of historic sites associated
with and typifying the economic and social history of the region
and the American West; and
(7) such management, utilization, and disposal of natural
resources on federally owned lands, including, but not limited
to, timber harvesting by selective cutting, mining, and grazing
and the continuation of such existing uses and developments as
are compatible with the provisions of this subchapter.

-SOURCE-
(Pub. L. 94-199, Sec. 7, Dec. 31, 1975, 89 Stat. 1118.)

-REFTEXT-
REFERENCES IN TEXT
Section 3 of this Act, referred to in text, is section 3 of Pub.
L. 94-199. Subsec. (a) of section 3 added pars. (11) and (12) of
section 1274(a) of this title, relating to components of the
national wild and scenic rivers system. Subsec. (b) of section 3,
relating to the administration of those segments of the Snake and
Rapid Rivers designated as wild or scenic river areas, is set out
as a note under section 1274 of this title.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCI - HELLS CANYON NATIONAL RECREATION AREA

-HEAD-
Sec. 460gg-5. Management plan for recreation area

-STATUTE-
(a) Development and submission
Within five years from December 31, 1975, the Secretary shall
develop and submit to the Committees on Interior and Insular
Affairs of the United States Senate and House of Representatives a
comprehensive management plan for the recreation area which shall
provide for a broad range of land uses and recreation
opportunities.
(b) Consideration of historic, archeological and paleontological
resources; inventory; recommendation of areas for listing in
National Register of Historic Places; recommendation for
protection and research of resources
In the development of such plan, the Secretary shall consider the
historic, archeological, and paleontological resources within the
recreation area which offer significant opportunities for
anthropological research. The Secretary shall inventory such
resources and may recommend such areas as he deems suitable for
listing in the National Register of Historic Places. The
Secretary's comprehensive plan shall include recommendations for
future protection and controlled research use of all such
resources.
(c) Scenic roads and other means of transit
The Secretary shall, as a part of his comprehensive planning
process, conduct a detailed study of the need for, and alternative
routes of, scenic roads and other means of transit to and within
the recreation area. In conducting such study the Secretary shall
consider the alternative for upgrading existing roads and shall, in
particular, study the need for and alternative routes of roads or
other means of transit providing access to scenic views of and from
the Western rim of Hells Canyon.
(d) Wilderness areas; review by Secretary; recommendations of
President to Congress; notice of hearings and meetings
The Secretary shall review, as to their suitability or
nonsuitability for preservation as wilderness, the areas generally
depicted on the map referred to in section 460gg of this title as
the "Lord Flat-Somers Point Plateau Wilderness Study Area", and the
"West Side Reservoir Face Wilderness Study Area", and the "Mountain
Sheep Wilderness Study Area" and report his findings to the
President. The Secretary shall complete his review and the
President shall, within five years from December 31, 1975, advise
the United States Senate and House of Representatives of his
recommendations with respect to the designation of lands within
such area as wilderness. In conducting his review the Secretary
shall comply with the provisions of section 1132(d) of this title
and shall give public notice at least sixty days in advance of any
hearings or other public meeting concerning the wilderness study
area. The Secretary shall administer all Federal lands within the
study areas so as not to preclude their possible future designation
by the Congress as wilderness. Nothing contained herein shall limit
the President in proposing, as part of this recommendation to
Congress, the designation as wilderness of any additional area
within the recreation area which is predominately of wilderness
value.
(e) Public participation in reviews and preparation of plan;
cooperation of other Federal agencies
In conducting the reviews and preparing the comprehensive
management plan required by this section, the Secretary shall
provide for full public participation and shall consider the views
of all interested agencies, organizations, and individuals
including but not limited to, the Nez Perce Tribe of Indians, and
the States of Idaho, Oregon, and Washington. The Secretaries or
Directors of all Federal departments, agencies, and commissions
having a relevant expertise are hereby authorized and directed to
cooperate with the Secretary in his review and to make such studies
as the Secretary may request on a cost reimbursable basis.
(f) Continuation of ongoing activities
Such activities as are compatible with the provisions of this
subchapter, but not limited to, timber harvesting by selective
cutting, mining, and grazing may continue during development of the
comprehensive management plan, at current levels of activity and in
areas of such activity on December 31, 1975. Further, in
development of the management plan, the Secretary shall give full
consideration to continuation of these ongoing activities in their
respective areas.

-SOURCE-
(Pub. L. 94-199, Sec. 8, Dec. 31, 1975, 89 Stat. 1119.)

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the Senate abolished
and replaced by Committee on Energy and Natural Resources of the
Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of
the Senate, as amended by Senate Resolution No. 4 (popularly cited
as the "Committee System Reorganization Amendments of 1977"),
approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.

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

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCI - HELLS CANYON NATIONAL RECREATION AREA

-HEAD-
Sec. 460gg-6. Acquisition of property

-STATUTE-
(a) Authority of Secretary; manner of acquisition
The Secretary is authorized to acquire such lands or interests in
land (including, but not limited to, scenic easements) as he deems
necessary to accomplish the purposes of this subchapter by purchase
with donated or appropriated funds with the consent of the owner,
donation, or exchange.
(b) Acquisition without consent of owners; limitations; scenic
easements
The Secretary is further authorized to acquire by purchase with
donated or appropriated funds such lands or interests in lands
without the consent of the owner only if (1) he deems that all
reasonable efforts to acquire such lands or interests therein by
negotiation have failed, and (2) the total acreage of all other
lands within the recreation area to which he has acquired fee
simple title or, lesser interests therein without the consent of
the owner is less than 5 per centum of the total acreage which is
privately owned within the recreation area on December 31, 1975:
Provided, That the Secretary may acquire scenic easements in lands
without the consent of the owner and without restriction to such 5
per centum limitation: Provided further, That the Secretary may
only acquire scenic easements in lands without the consent of the
owner after the date of publication of the regulations required by
section 460gg-7 of this title when he determines that such lands
are being used, or are in imminent danger of being used, in a
manner incompatible with such regulations.
(c) Donation of Oregon land; donation or exchange of Idaho land
Any land or interest in land owned by the State of Oregon or any
of its political subdivisions may be acquired only by donation. 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.
(d) "Scenic easement" defined
As used in this subchapter the term "scenic easement" means the
right to control the use of land in order to protect esthetic
values for the purposes of this subchapter, but shall not preclude
the continuation of any farming or pastoral use exercised by the
owner as of December 31, 1975.
(e) Offers to sell land; hardship from delay
The Secretary shall give prompt and careful consideration to any
offer made by a person owning land within the recreation area to
sell such land to the United States. The Secretary shall
specifically consider any hardship to such person which might
result from an undue delay in acquiring his property.
(f) Exchange of land; 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 same
State which he classifies as suitable for exchange and which is
under his administrative jurisdiction: Provided, That 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 United States 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.
(g) Acquisition of mineral interests
Notwithstanding any other provision of law, the Secretary is
authorized 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.
(h) Transfer of Federal property to 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 national
forest within or adjacent to which they are located.

-SOURCE-
(Pub. L. 94-199, Sec. 9, Dec. 31, 1975, 89 Stat. 1120.)

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

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460gg-1, 460gg-7 of this
title.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCI - HELLS CANYON NATIONAL RECREATION AREA

-HEAD-
Sec. 460gg-7. Rules and regulations

-STATUTE-
The Secretary shall promulgate, and may amend, such rules and
regulations as he deems necessary to accomplish the purposes of
this subchapter. Such rules and regulations shall include, but are
not limited to -
(a) standards for the use and development of privately owned
property within the recreation area, which rules or regulations
the Secretary may, to the extent he deems advisable, implement
with the authorities delegated to him in section 460gg-6 of this
title, and which may differ among the various parcels of land
within the recreation area;
(b) standards and guidelines to insure the full protection and
preservation of the historic, archeological, and paleontological
resources in the recreation area;
(c) provision for the control of the use of motorized and
mechanical equipment for transportation over, or alteration of,
the surface of any Federal land within the recreation area;
(d) provision for the control of the use and number of
motorized and nonmotorized river craft: Provided, That the use of
such craft is hereby recognized as a valid use of the Snake River
within the recreation area; and
(e) standards for such management, utilization, and disposal of
natural resources on federally owned lands, including but not
limited to, timber harvesting by selective cutting, mining, and
grazing and the continuation of such existing uses and
developments as are compatible with the provisions of this (continued)