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(continued)
subchapter.

-SOURCE-
(Pub. L. 94-199, Sec. 10, Dec. 31, 1975, 89 Stat. 1121.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460gg-4, 460gg-6 of this
title.

-End-



-CITE-
16 USC Sec. 460gg-8 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-8. Lands withdrawn from location, entry, and patent
under United States mining laws

-STATUTE-
Notwithstanding the provisions of section 1133(d)(2) of this
title and subject to valid existing rights, all Federal lands
located in the recreation area are hereby withdrawn from all forms
of location, entry, and patent under the mining laws of the United
States, and from disposition under all laws pertaining to mineral
leasing and all amendments thereto.

-SOURCE-
(Pub. L. 94-199, Sec. 11, Dec. 31, 1975, 89 Stat. 1122.)

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

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

-End-



-CITE-
16 USC Sec. 460gg-9 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-9. Hunting and fishing

-STATUTE-
The Secretary shall permit hunting and fishing on lands and
waters under his jurisdiction within the boundaries of the
recreation area in accordance with applicable laws of the United
States and the States wherein the lands and waters are located
except that the Secretary may designate zones where, and establish
periods when, no hunting or fishing shall be permitted for reasons
for public safety, administration, or public use and enjoyment.
Except in emergencies, any regulations of the Secretary pursuant to
this section shall be put into effect only after consultation with
the appropriate State fish and game department.

-SOURCE-
(Pub. L. 94-199, Sec. 12, Dec. 31, 1975, 89 Stat. 1122.)

-End-



-CITE-
16 USC Sec. 460gg-10 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-10. Ranching, grazing, etc., as valid uses of area

-STATUTE-
Ranching, grazing, farming, timber harvesting, and the occupation
of homes and lands associated therewith, as they exist on December
31, 1975, are recognized as traditional and valid uses of the
recreation area.

-SOURCE-
(Pub. L. 94-199, Sec. 13, Dec. 31, 1975, 89 Stat. 1122.)

-End-



-CITE-
16 USC Sec. 460gg-11 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-11. Civil and criminal jurisdiction of Idaho and Oregon

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

-SOURCE-
(Pub. L. 94-199, Sec. 14, Dec. 31, 1975, 89 Stat. 1122.)

-End-



-CITE-
16 USC Sec. 460gg-12 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-12. Development and operation of facilities and
services; cooperation with Federal, State, etc., agencies

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

-SOURCE-
(Pub. L. 94-199, Sec. 15, Dec. 31, 1975, 89 Stat. 1122.)

-End-



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

-STATUTE-
(a) Acquisition of lands
There is hereby authorized to be appropriated the sum of not more
than $10,000,000 for the acquisition of lands and interests in
lands within the recreation area.
(b) Development of recreation facilities
There is hereby authorized to be appropriated the sum of not more
than $10,000,000 for the development of recreation facilities
within the recreation area.
(c) Inventory, identification, development and protection of
historic and archeological sites
There is hereby authorized to be appropriated the sum of not more
than $1,500,000 for the inventory, identification, development, and
protection of the historic and archeological sites described in
section 5 of this Act.

-SOURCE-
(Pub. L. 94-199, Sec. 16, Dec. 31, 1975, 89 Stat. 1122.)

-REFTEXT-
REFERENCES IN TEXT
Section 5 of this Act, referred to in subsec. (c), is section 5
of Pub. L. 94-199. Subsec. (a) of section 5 added par. (57) to
section 1276(a) of this title, relating to the designation of the
Snake River for potential addition to the national wildlife and
scenic rivers system. Subsec. (b) of section 5, relating to the
deauthorization of the Asotin Dam, was not classified to the Code.

-End-


-CITE-
16 USC SUBCHAPTER XCII - CHICKASAW NATIONAL RECREATION
AREA 01/19/04

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

-HEAD-
SUBCHAPTER XCII - CHICKASAW NATIONAL RECREATION AREA

-End-



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

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

-HEAD-
Sec. 460hh. Establishment; boundaries; publication in Federal
Register

-STATUTE-
In order to provide for public outdoor recreation use and
enjoyment of Arbuckle Reservoir and land adjacent thereto, and to
provide for more efficient administration of other adjacent area
containing scenic, scientific, natural, and historic values
contributing to public enjoyment of the area and to designate the
area in such manner as will constitute a fitting memorialization of
the Chickasaw Indian Nation, there is hereby established the
Chickasaw National Recreation Area (hereinafter referred to as the
"recreation area") consisting of lands and interests in lands
within the area as generally depicted on the drawing entitled
"Boundary Map, Chickasaw National Recreation Area," numbered
107-20004-A and dated February 1974, which shall be on file and
available for inspection in the offices of the National Park
Service, Department of the Interior. The Secretary of the Interior
(hereinafter referred to as the "Secretary") may from time to time
revise the boundaries of the recreation area by publication of a
map or other boundary description in the Federal Register, but the
total acreage of the recreation area may not exceed ten thousand
acres.

-SOURCE-
(Pub. L. 94-235, Sec. 1, Mar. 17, 1976, 90 Stat. 235.)

-End-



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

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

-HEAD-
Sec. 460hh-1. Acquisition of property

-STATUTE-
(a) Authority of Secretary; manner of acquisition
The Secretary may acquire land or interests in lands within the
boundaries of the recreation area by donation, purchase with
donated or appropriated funds, or exchange. When any tract of land
is only partly within such boundaries, 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, and any land so acquired
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 (!1) (63 Stat. 377), as
amended. Any Federal property located within the boundaries of the
recreation area may be transferred without consideration to the
administrative jurisdiction of the Secretary for the purposes of
the recreation area. Lands within the boundaries of the recreation
area owned by the State of Oklahoma, or any political subdivision
thereof, may be acquired only by donation: Provided, That the
Secretary may also acquire lands by exchange with the city of
Sulphur, utilizing therefor only such lands as may be excluded from
the recreation area which were formerly within the Platt National
Park.

(b) Acquisition of improved residential property; retention by
owners of right of use and occupancy for noncommercial
residential purposes; terms; payment of fair market value
With respect to improved residential property acquired for the
purposes of this subchapter, which is beneficially owned by a
natural person and which the Secretary determines can be continued
in that use for a limited period of time without undue interference
with the administration, development, or public use of the
recreation area, the owner thereof may on the date of its
acquisition by the Secretary retain a right of use and occupancy of
the property for noncommercial residential purposes for a term, as
the owner may elect, ending either (1) at the death of the owner or
his spouse, whichever occurs later, or (2) not more than
twenty-five years from the date of acquisition. Any right so
retained may, during its existence, be transferred or assigned. The
Secretary shall pay to the owner the fair market value of the
property on the date of such acquisition, less the fair market
value on such date of the right retained by the owner.
(c) "Improved residential property" defined; determination by
Secretary
As used in this subchapter, "improved residential property" means
a single-family year-round dwelling, the construction of which
began before March 1, 1975, and which serves as the owner's
permanent place of abode at the time of its acquisition by the
United States, together with not more than three acres of land on
which the dwelling and appurtenant buildings are located that the
Secretary finds is reasonably necessary for the owner's continued
use and occupancy of the dwelling: Provided, That the Secretary may
exclude from improved residential property any waters and adjoining
land that the Secretary deems is necessary for public access to
such waters.
(d) Termination of right of use and occupancy; determination by
Secretary
The Secretary may terminate a right to use and occupancy retained
pursuant to this section upon his determination that such use and
occupancy is being exercised in a manner not consistent with the
purposes of this subchapter, and upon tender to the holder of the
right an amount equal to the fair market value of that portion of
the right which remains unexpired on the date of termination.

-SOURCE-
(Pub. L. 94-235, Sec. 2, Mar. 17, 1976, 90 Stat. 235.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (a), 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.

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


-End-



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

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

-HEAD-
Sec. 460hh-2. Establishment of hunting and fishing zones;
exceptions; consultation with State agencies

-STATUTE-
The Secretary shall permit hunting and fishing on lands and
waters within the recreation area in accordance with applicable
Federal and State laws: Provided, That he may designate zones
where, and establish periods when, no hunting or fishing will be
permitted for reasons of public safety, administration, fish or
wildlife management, or public use and enjoyment. Except in
emergencies, any regulations issued by the Secretary pursuant to
this section shall be put into effect only after consultation with
the appropriate State agency responsible for hunting and fishing
activities.

-SOURCE-
(Pub. L. 94-235, Sec. 3, Mar. 17, 1976, 90 Stat. 236.)

-End-



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

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

-HEAD-
Sec. 460hh-3. Law governing; Arbuckle Dam and Reservoir

-STATUTE-
(a) Except as otherwise provided in this subchapter, 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.
(b) Nothing contained in this subchapter shall affect or
interfere with the authority of the Secretary by the Act of August
24, 1962 (76 Stat. 395) [43 U.S.C. 616k et seq.], to operate the
Arbuckle Dam and Reservoir in accordance with and for the purposes
set forth in that Act.

-SOURCE-
(Pub. L. 94-235, Sec. 4, Mar. 17, 1976, 90 Stat. 236.)

-REFTEXT-
REFERENCES IN TEXT
Act of August 24, 1962, referred to in subsec. (b), is Pub. L.
87-594, Aug. 24, 1962, 76 Stat. 395, which was classified to
subchapter XL (Sec. 616k et seq.) of chapter 12 of Title 43, Public
Lands, and which was omitted from the Code because of limited
applicability.

-End-



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

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

-HEAD-
Sec. 460hh-4. Platt National Park designation repealed;
incorporation of areas into Chickasaw National Recreation Area

-STATUTE-
The Act of June 29, 1906 (34 Stat. 837), which directed that
certain lands now included by this subchapter in the recreation
area be designated as the Platt National Park, is hereby repealed,
and such lands shall hereafter be considered and known as an
integral part of the Chickasaw National Recreation Area: Provided,
That within such area the Secretary may cause to be erected
suitable markers or plaques to honor the memory of Orville
Hitchcock Platt and to commemorate the original establishment of
Platt National Park.

-SOURCE-
(Pub. L. 94-235, Sec. 5, Mar. 17, 1976, 90 Stat. 236.)

-REFTEXT-
REFERENCES IN TEXT
Act of June 29, 1906, referred to in text, is act June 29, 1906,
No. 42, 34 Stat. 837, which was classified to sections 151, 152,
and 153 of this title, and was repealed by Pub. L. 94-235, Sec. 5,
Mar. 17, 1976, 90 Stat. 236.

-End-



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

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

-HEAD-
Sec. 460hh-5. Concurrent legislative jurisdiction with State of
Oklahoma; requisites; notice in Federal Register

-STATUTE-
Notwithstanding the provisions of section 153 of this title,
which retain exclusive jurisdiction in the United States, upon
notification in writing to the Secretary by the appropriate State
officials of the acceptance by the State of Oklahoma of concurrent
legislative jurisdiction over the lands formerly within the Platt
National Park, the Secretary shall publish a notice to that effect
in the Federal Register and, upon such publication, concurrent
legislative jurisdiction over such lands is hereby ceded to the
State of Oklahoma: Provided, That such cession of jurisdiction
shall not occur until a written agreement has been reached between
the State of Oklahoma and the Secretary providing for the exercise
of concurrent jurisdiction over all other lands and waters within
the Chickasaw National Recreation Area.

-SOURCE-
(Pub. L. 94-235, Sec. 6, Mar. 17, 1976, 90 Stat. 236.)

-End-



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

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

-HEAD-
Sec. 460hh-6. Authorization of appropriations

-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this subchapter, but not
to exceed $1,600,000 for the acquisition of lands and interests in
lands, and $4,567,000 for development.

-SOURCE-
(Pub. L. 94-235, Sec. 7, Mar. 17, 1976, 90 Stat. 237.)

-End-


-CITE-
16 USC SUBCHAPTER XCIII - CHATTAHOOCHEE RIVER NATIONAL
RECREATION AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIII - CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA

-HEAD-
SUBCHAPTER XCIII - CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIII - CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA

-HEAD-
Sec. 460ii. Establishment; boundaries; publication in Federal
Register

-STATUTE-
The Congress finds the natural, scenic, recreation, historic, and
other values of a forty-eight-mile segment of the Chattahoochee
River and certain adjoining lands in the State of Georgia from
Buford Dam downstream to Peachtree Creek are of special national
significance, and that such values should be preserved and
protected from developments and uses which would substantially
impair or destroy them. In order to assure such preservation and
protection for public benefit and enjoyment, there is hereby
established the Chattahoochee River National Recreation Area
(hereinafter referred to as the "recreation area"). The recreation
area shall consist of the river and its bed together with the
lands, waters, and interests therein within the boundary generally
depicted on the map entitled "Chattahoochee River National
Recreation Area", numbered CHAT-20,003, and dated September 1984,
and on the maps entitled "Chattahoochee River National Recreation
Area Interim Boundary Map #1", "Chattahoochee River National
Recreation Area Interim Boundary Map #2", and "Chattahoochee River
National Recreation Area Interim Boundary Map #3", and dated August
6, 1998, which shall be on file and available for public inspection
in the office of the National Park Service, Department of the
Interior. No sooner than 180 days after December 9, 1999, the
Secretary of the Interior (hereafter referred to as the
"Secretary") may modify the boundaries of the recreation area to
include other land within the Chattahoochee River corridor by
submitting a revised map or other boundary description to the
Committee on Energy and Natural Resources of the United States
Senate and the Committee on Resources of the United States House of
Representatives. The revised map or other boundary description
shall be prepared by the Secretary after consultation with affected
landowners, the State of Georgia, and affected political
subdivisions of the State. The revised boundaries shall take effect
180 days after the date of submission unless, within the 180-day
period, Congress enacts a joint resolution disapproving the revised
boundaries. The total area, exclusive of the river and its bed,
within the recreation area may not exceed 10,000 acres. For
purposes of facilitating Federal technical and other support to
State and local governments to assist State and local efforts to
protect the scenic, recreational, and natural values of a 2,000
foot wide corridor adjacent to each bank of the Chattahoochee River
and its impoundments in the 48-mile segment referred to above, such
corridor is hereby declared to be an area of national concern.

-SOURCE-
(Pub. L. 95-344, title I, Sec. 101, Aug. 15, 1978, 92 Stat. 474;
Pub. L. 98-568, Sec. 1(a), (b), Oct. 30, 1984, 98 Stat. 2928; Pub.
L. 103-437, Sec. 6(d)(18), Nov. 2, 1994, 108 Stat. 4584; Pub. L.
106-154, Sec. 2(a), Dec. 9, 1999, 113 Stat. 1737.)


-MISC1-
AMENDMENTS
1999 - Pub. L. 106-154, Sec. 2(a)(3), substituted "may not exceed
10,000 acres" for "may not exceed approximately 6,800 acres" in
penultimate sentence.
Pub. L. 106-154, Sec. 2(a)(2), inserted fourth sentence and
struck out former fourth sentence which read as follows: "Following
reasonable notice in writing to the Committee on Natural Resources
of the United States House of Representatives and to the Committee
on Energy and Natural Resources of the United States Senate of his
intention to do so, the Secretary of the Interior (hereinafter
referred to as the 'Secretary') may, by publication of a revised
map or other boundary description in the Federal Register, (1) make
minor revisions in the boundary of the recreation area, and (2)
revise the boundary to facilitate access to the recreation area, or
to delete lands which would be of little or no benefit to the
recreation area due to the existence of valuable improvements
completely constructed prior to August 15, 1978."
Pub. L. 106-154, Sec. 2(a)(1), in third sentence, inserted "and
on the maps entitled 'Chattahoochee River National Recreation Area
Interim Boundary Map #1', 'Chattahoochee River National Recreation
Area Interim Boundary Map #2', and 'Chattahoochee River National
Recreation Area Interim Boundary Map #3', and dated August 6,
1998," after "numbered CHAT-20,003, and dated September 1984,".
1994 - Pub. L. 103-437 substituted "Natural Resources" for
"Interior and Insular Affairs" after "Committee on".
1984 - Pub. L. 98-568 substituted "CHAT-20,003, and dated
September 1984" for "CHAT-20,000, and dated July 1976" and
"approximately 6,800 acres" for "six thousand three hundred acres"
and inserted provision declaring the corridor area to be an area of
national concern.

FINDINGS AND PURPOSE
Pub. L. 106-154, Sec. 1, Dec. 9, 1999, 106 Stat. 1736, provided
that:
"(a) Findings. - Congress finds that -
"(1) the Chattahoochee River National Recreation Area in the
State of Georgia is a nationally significant resource;
"(2) the Chattahoochee River National Recreation Area has been
adversely affected by land use changes occurring inside and
outside the recreation area;
"(3) the population of the metropolitan Atlanta area continues
to expand northward, leaving dwindling opportunities to protect
the scenic, recreational, natural, and historical values of the
2,000-foot-wide corridor adjacent to each bank of the
Chattahoochee River and its impoundments in the 48-mile segment
known as the 'area of national concern';
"(4) the State of Georgia has enacted the Metropolitan River
Protection Act to ensure protection of the corridor located
within 2,000 feet of each bank of the Chattahoochee River, or the
corridor located within the 100-year floodplain, whichever is
larger;
"(5) the corridor located within the 100-year floodplain
includes the area of national concern;
"(6) since establishment of the Chattahoochee River National
Recreation Area, visitor use of the recreation area has shifted
dramatically from waterborne to water-related and land-based
activities;
"(7) the State of Georgia and political subdivisions of the
State along the Chattahoochee River have indicated willingness to
join in a cooperative effort with the United States to link
existing units of the recreation area through a series of linear
corridors to be established within the area of national concern
and elsewhere on the river; and
"(8) if Congress appropriates funds in support of the
cooperative effort described in paragraph (7), funding from the
State, political subdivisions of the State, private foundations,
corporate entities, private individuals, and other sources will
be available to fund more than half the estimated cost of the
cooperative effort.
"(b) Purposes. - The purposes of this Act [amending this section
and sections 460ii-1 to 460ii-5 of this title] are -
"(1) to increase the level of protection of the open spaces
within the area of national concern along the Chattahoochee River
and to enhance visitor enjoyment of the open spaces by adding
land-based linear corridors to link existing units of the
recreation area;
"(2) to ensure that the Chattahoochee River National Recreation
Area is managed to standardize acquisition, planning, design,
construction, and operation of the linear corridors; and
"(3) to authorize the appropriation of Federal funds to cover a
portion of the costs of the Federal, State, local, and private
cooperative effort to add additional areas to the recreation area
so as to establish a series of linear corridors linking existing
units of the recreation area and to protect other open spaces of
the Chattahoochee River corridor."

COMPLIANCE WITH CONGRESSIONAL BUDGET ACT
Section 2 of Pub. L. 98-568 provided that: "Any provision of any
amendment made by this Act [enacting section 460ii-5 of this title
and amending this section and sections 460ii-1, 460ii-3, and
460ii-4 of this title] which, directly or indirectly, authorizes
the enactment of new budget authority described in section 402(a)
of the Congressional Budget Act of 1974 [2 U.S.C. 652(a)] shall be
effective only for fiscal years beginning after September 30,
1984."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460ii-3, 460ii-4 of this
title.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIII - CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA

-HEAD-
Sec. 460ii-1. Acquisition of property

-STATUTE-
(a) Manner of acquisition of lands, etc., within area
Within the recreation area the Secretary is authorized to acquire
lands, waters, and interests therein by donation, purchase from
willing sellers with donated or appropriated funds, or exchange.
Property owned by the State of Georgia or any political subdivision
thereof may be acquired only by donation.
(b) Manner of acquisition of lands partly within and partly without
area; disposal of unutilized lands
When a tract of land lies partly within and partly without the
boundaries of the recreation area, the Secretary may acquire the
entire 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 recreation area may be exchanged by the Secretary
for non-Federal land within such 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)

(c) Acquisition of improved property used for noncommercial
residential purposes; retention by owners of right of use and
occupancy for residential purposes; terms; payment of fair market
value
Except for property which the Secretary determines to be
necessary for the purposes of administration, development, access,
or public use, an owner of improved property which is used solely
for noncommercial residential purposes on the date of its
acquisition by the Secretary may retain, as a condition of such
acquisition, a right of use and occupancy of the property for such
residential purposes. The right retained may be for a definite term
which shall not exceed twenty-five years or, in lieu thereof, for a
term ending at the death of the owner or the death of the spouse,
whichever occurs later. The owner shall elect the term to be
retained. The Secretary shall pay the owner the fair market value
of the property on the date of such acquisition, less the fair
market value of the term retained by the owner.
(d) Terms and conditions respecting rights of use and occupancy
retained; termination of right of use and occupancy
Any right of use and occupancy retained pursuant to this section
may, during its existence, be conveyed or transferred, but all
rights of use and occupancy shall be subject to such terms and
conditions as the Secretary deems appropriate to assure the use of
the property in accordance with the purposes of this subchapter.
Upon his determination that the property, or any portion thereof,
has ceased to be so used in accordance with such terms and
conditions, the Secretary may terminate the right of use and
occupancy by tendering to the holder of such right an amount equal
to the fair market value, as of the date of the tender, of that
portion of the right which remains unexpired on the date of
termination.
(e) "Improved property" defined
As used in this section, the term "improved property" means a
detached, year-round noncommercial residential dwelling, the
construction of which was begun before January 1, 1975, 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 accessory to the
dwelling which are situated on the land so designated.

-SOURCE-
(Pub. L. 95-344, title I, Sec. 102, Aug. 15, 1978, 92 Stat. 474;
Pub. L. 98-568, Sec. 1(c), Oct. 30, 1984, 98 Stat. 2928; Pub. L.
106-154, Sec. 2(b), (e)(1), Dec. 9, 1999, 113 Stat. 1737, 1738.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (b), 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
1999 - Subsec. (a). Pub. L. 106-154, Sec. 2(b)(1), inserted "from
willing sellers" after "purchase".
Subsec. (d). Pub. L. 106-154, Sec. 2(e)(1), substituted "this
subchapter" for "this subchapter and chapter 43 of this title".
Subsec. (f). Pub. L. 106-154, Sec. 2(b)(2), struck out subsec.
(f) which read as follows:
"(f)(1) The Secretary shall exchange those federally owned lands
identified on the map referenced in section 460ii of this title as
'exchange lands' for non-Federal lands which are within the
boundaries of the recreation area. The values of the lands
exchanged under this subsection shall be equal, or shall be
equalized in the same manner as provided in section 1716 of title
43.
"(2) At three year intervals after October 30, 1984, the
Secretary shall publish in the Federal Register a progress report
on the land exchanges which have taken place and the exchanges
which are likely to take place under the authority of this
subsection. Such report shall identify the lands which are
unsuitable for exchange pursuant to such authority.
"(3) Effective on the date ten years after October 30, 1984, the
exchange authority of paragraph (1) shall terminate. The exchange
lands identified under paragraph (1) which have not been exchanged
prior to such date shall be retained in Federal ownership as a part
of the recreation area.
"(4) The Secretary shall publish a revision of the boundary map
referred to in section 460ii of this title to exclude from the
boundaries of the recreation area any exchange lands which are used
to acquire non-Federal lands under paragraph (3)."
1984 - Subsec. (f). Pub. L. 98-568 added subsec. (f).

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

-FOOTNOTE-


(!1) See References in Text note below.


-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIII - CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA

-HEAD-
Sec. 460ii-2. Administration, protection, and development

-STATUTE-
(a) Applicability of statutory provisions; consideration of
Federal, State, and local plans
The Secretary shall administer, protect, and develop the
recreation area in accordance with sections 1, 2, 3, and 4 of this
title, and in accordance with any other statutory authorities
available to him for the conservation and management of historic
and natural resources, including fish and wildlife, to the extent
he finds such authority will further the purposes of this
subchapter. In developing and administering the recreation area,
the Secretary shall take into consideration applicable Federal,
State, and local recreation plans and resource use and development
plans, including, but not limited to, the Atlanta Regional
Commission Chattahoochee Corridor Study, dated July 1972.
(b) Cooperative agreements
The Secretary may enter into cooperative agreements with the
State of Georgia, political subdivisions of the State, and other
entities to ensure standardized acquisition, planning, design,
construction, and operation of the recreation area.
(c) Consultation with Secretary of Army
In planning for the development and public use of the recreation
area, the Secretary shall consult with the Secretary of the Army to
assure that public use of adjacent or related water resource
development or flood control projects and that of the recreation
area are complementary.
(d) Establishment, regulations governing, etc., of fishing zones
In administering the recreation area, the Secretary may permit
fishing in waters under his jurisdiction in accordance with
applicable State and Federal laws and regulations. The Secretary,
after consultation with the appropriate State agency responsible
for fishing activities, may designate zones where, and establish
periods when, fishing shall be permitted and issue such regulations
as he may determine to be necessary to carry out the provisions of
this subsection. Except in emergencies, such regulations shall be
put into effect only after consultation with the appropriate State
agency.

-SOURCE-
(Pub. L. 95-344, title I, Sec. 103, Aug. 15, 1978, 92 Stat. 475;
Pub. L. 106-154, Sec. 2(c), (e)(1), Dec. 9, 1999, 113 Stat. 1737,
1738.)


-MISC1-
AMENDMENTS
1999 - Subsec. (a). Pub. L. 106-154, Sec. 2(e)(1), substituted
"of this subchapter" for "of this subchapter and chapter 43 of this
title".
Subsec. (b). Pub. L. 106-154, Sec. 2(c), added subsec. (b) and
struck out former subsec. (b) which read as follows: "The Secretary
is authorized and encouraged to enter into cooperative agreements
with the State or its political subdivisions whereby he may assist
in the planning for and interpretation of non-Federal publicly
owned lands within or adjacent or related to the recreation area to
assure that such lands are used in a manner consistent with the
findings and purposes of this subchapter and chapter 43 of this
title."

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIII - CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA

-HEAD-
Sec. 460ii-3. Federal supervision of water resources projects

-STATUTE-
(a) Limitations on licensing and assistance authorities; criteria
for upgrading, improving, etc., supply and quality enhancement
programs
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 (16 U.S.C. 791a et seq.), on or directly affecting the
recreation 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 such area is
established, except where such project is determined by the State
of Georgia to be necessary for water supply or water quality
enhancement purposes and authorized by the United States Congress.
Nothing contained in the foregoing sentence, however, shall
preclude licensing of, or assistance to, developments upstream or
downstream from the recreation area or on any stream tributary
thereto which will not invade the recreation area or unreasonably
diminish the scenic, recreational, and fish and wildlife values
present therein on August 15, 1978. Nothing contained in this
subsection shall preclude the upgrading, improvement, expansion or
development of facilities or public works for water supply or water
quality enhancement purposes if such action would not have a
material adverse effect on the values for which the recreation area
is established.
(b) Limitations on recommending authorizations and requesting
appropriations; applicability of local considerations and
criteria
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 such area is
established, as determined by the Secretary, nor shall such
department or agency request appropriations to begin construction
of any such project, whether heretofore or hereafter authorized,
without at least sixty days in advance, (1) advising the Secretary
in writing of its intention to do so and (2) reporting to the
Committee on Natural Resources of the United States House of
Representatives and to the Committee on Energy and Natural
Resources of the United States Senate the nature of the project
involved and the manner in which such project would conflict with
the purposes of this subchapter or would affect the recreation area
and the values to be protected by it under this subchapter. It is
not the intention of Congress by this subchapter to require the
manipulation or reduction of lake water levels in Lake Sidney
Lanier. Nothing in this subchapter shall be construed in any way to
restrict, prohibit, or affect any recommendation of the
Metropolitan Atlanta Water Resources Study as authorized by the
Public Works Committee of the United States Senate on March 2,
1972.
(c) Expeditious acquisition of lands and interests in lands
necessary for establishment, etc., of area
The Secretary is directed to proceed as expeditiously as possible
to acquire the lands and interests in lands necessary to achieve
the purposes of this subchapter and chapter 43 of this title.
(d) Mitigation funds for adverse impacts; excepted lands;
limitation of amount; replacement lands
(1) Notwithstanding any other authority of law, any department,
agency, or instrumentality of the United States or of the State of
Georgia, or any other entity which may construct any project
recommended in the study entitled "Metropolitan Atlanta Water
Resources Management Study, Georgia: Report of Chief of Engineers,"
dated June 1, 1982, which directly adversely impacts any lands
within the authorized recreation boundaries of the Bowman's Island
tract as shown on the map numbered and dated CHAT-20,003, September
1984, which were in Federal ownership as of September 1, 1984,
shall, upon request by the Secretary, mitigate such adverse
impacts. It is expressly provided that use of or adverse impact
upon any other lands within the recreation area as result of any
such project shall not require mitigation. Mitigation required by
this paragraph shall be provided by payment to the United States of
a sum not to exceed $3,200,000. The mitigation funds paid pursuant
to this paragraph shall be utilized by the Secretary for the
acquisition of replacement lands. Such replacement lands shall be
acquired only after consultation with the Governor of Georgia.
(2) In acquiring replacement lands under paragraph (1) priority
shall be given to acquisition of lands within the recreation area
boundary and those lands within or adjacent to the 2,000 foot wide
corridor referred to in section 460ii of this title. Any lands
acquired pursuant to this subsection lying outside the boundaries
of the recreation area shall, upon acquisition, be included within
the recreation area and transferred to the Secretary for management
under this subchapter. The Secretary shall publish a revised
boundary map to include any lands added to the recreation area
pursuant to this subsection.
(3) If lands as described in paragraph (2) are not available for
acquisition, other lands within the State of Georgia may be
acquired as replacement lands under paragraph (1) if such lands are
transferred to the State of Georgia for permanent management for
public outdoor recreation.

-SOURCE-
(Pub. L. 95-344, title I, Sec. 104, Aug. 15, 1978, 92 Stat. 476;
Pub. L. 98-568, Sec. 1(d), Oct. 30, 1984, 98 Stat. 2928; Pub. L.
103-437, Sec. 6(d)(18), Nov. 2, 1994, 108 Stat. 4584; Pub. L.
106-154, Sec. 2(e)(2), (3), Dec. 9, 1999, 113 Stat. 1739.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act (16 U.S.C. 791a et seq.), 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.


-MISC1-
AMENDMENTS
1999 - Subsec. (b). Pub. L. 106-154, Sec. 2(e)(2), substituted
"this subchapter" for "this subchapter and chapter 43 of this
title" wherever appearing.
Subsec. (d)(2). Pub. L. 106-154, Sec. 2(e)(3), substituted "under
this subchapter" for "under this subchapter and chapter 43 of this
title".
1994 - Subsec. (b). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Committee on".
1984 - Subsec. (d). Pub. L. 98-568 added subsec. (d).

-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.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIII - CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA

-HEAD-
Sec. 460ii-4. Funding sources and general management plan

-STATUTE-
(a) Funding
(1) Limitation on use of appropriated funds
From the appropriations authorized for fiscal year 1978 and
succeeding fiscal years pursuant to the Land and Water
Conservation Fund Act (78 Stat. 897), as amended [16 U.S.C.
460l-4 et seq.], not more than $115,000,000 may be expended for
the acquisition of lands and interests in lands authorized to be
acquired pursuant to the provisions of this subchapter. For
purposes of section 7(a)(3) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-9(a)(3)), the statutory ceiling
on appropriations under this subsection shall be deemed to be a
statutory ceiling contained in a provision of law enacted prior
to the convening of the Ninety-sixth Congress.
(2) Donations
The Secretary may accept a donation of funds or land or an
interest in land to carry out this subchapter.
(3) Relation to other funding sources
Funds made available under paragraph (1) are in addition to
funding and the donation of land and interests in land by the
State of Georgia, local government authorities, private
foundations, corporate entities, and individuals for purposes of
this subchapter.
(b) Authorization of appropriations for development of essential
public services
Effective on October 1, 1978, there are authorized to be
appropriated not to exceed $500,000 for the development of
essential public facilities.
(c) General management plan
(1) Initial plan
Within seven years from August 15, 1978, the Secretary shall,
after consulting with the Governor of the State of Georgia,
develop and transmit to the Committee on Resources of the House
of Representatives and to the Committee on Energy and Natural
Resources of the United States Senate a general management plan
for the use and development of the recreation area consistent
with the findings and purposes of this subchapter and chapter 43
of this title, indicating:
(A) lands and interests in lands adjacent or related to the
recreation area which are deemed necessary or desirable for the
purposes of resource protection, scenic integrity, or
management and administration of the area in furtherance of the (continued)