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54 U.S.C. § 100506 — Boundary changes to System units

Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 100506 — Boundary changes to System units

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Source file: Laws/federal/codes/united-states-code/title-54/section-100506-boundary-changes-to-system-units--0f3ec9e33c.md
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Source location: Title 54, Chapter 1005, § 100506; chapter-1005-chapter-1005.md

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**(a) Criteria for Evaluation.—** The Secretary shall maintain criteria to evaluate any proposed changes to the boundaries of System units, including— (1) analysis of whether or not an existing boundary provides for the adequate protection and preservation of the natural, historic, cultural, scenic and recreational resources integral to the System unit; (2) an evaluation of each parcel proposed for addition or deletion to a System unit based on the analysis under paragraph (1); and (3) an assessment of the impact of potential boundary adjustments taking into consideration the factors in [section 100505(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section100505/c/3&num=0&edition=prelim) and the effect of the adjustments on the local communities and surrounding area. **(b) Proposal of Secretary.—** In proposing a boundary change to a System unit, the Secretary shall— (1) consult with affected agencies of State and local governments, surrounding communities, affected landowners, and private national, regional, and local organizations; (2) apply the criteria developed pursuant to subsection (a) and accompany the proposal with a statement reflecting the results of the application of the criteria; and (3) include with the proposal an estimate of the cost for acquiring any parcels proposed for acquisition, the basis for the estimate, and a statement on the relative priority for the acquisition of each parcel within the priorities for acquisition of other parcels for the System unit and for the System. **(c) Minor Boundary Changes.—** (1) **In general.—** — When the Secretary determines that to do so will contribute to, and is necessary for, the proper preservation, protection, interpretation, or management of a System unit, the Secretary may, following timely notice in writing to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate of the Secretary’s intention to do so, and by publication of a revised boundary map or other description in the Federal Register— (A) make minor changes to the boundary of the System unit, and amounts appropriated from the Fund shall be available for acquisition of any land, water, and interests in land or water added to the System unit by the boundary change subject to such statutory limitations, if any, on methods of acquisition and appropriations thereof as may be specifically applicable to the System unit; and (B) acquire by donation, purchase with donated funds, transfer from any other Federal agency, or exchange, land, water, or interests in land or water adjacent to the System unit, except that in exercising the Secretary’s authority under this subparagraph the Secretary— (i) shall not alienate property administered as part of the System to acquire land by exchange; (ii) shall not acquire property without the consent of the owner; and (iii) may acquire property owned by a State or political subdivision of a State only by donation. (2) **Consultation.—** — Prior to making a determination under this subsection, the Secretary shall consult with the governing body of the county, city, town, or other jurisdiction or jurisdictions having primary taxing authority over the land or interest to be acquired as to the impacts of the proposed action. (3) **Action to advance local public awareness.—** — The Secretary shall take such steps as the Secretary considers appropriate to advance local public awareness of the proposed action. (4) **Administration of acquisitions.—** — Land, water, and interests in land or water acquired in accordance with this subsection shall be administered as part of the System unit to which they are added, subject to the laws and regulations applicable to the System unit. (5) **When authority applies.—** — For the purposes of paragraph (1)(A), in all cases except the case of technical boundary changes (resulting from such causes as survey error or changed road alignments), the authority of the Secretary under paragraph (1)(A) shall apply only if each of the following conditions is met: (A) The sum of the total acreage of the land, water, and interests in land or water to be added to the System unit and the total acreage of the land, water, and interests in land or water to be deleted from the System unit is not more than 5 percent of the total Federal acreage authorized to be included in the System unit and is less than 200 acres. (B) The acquisition, if any, is not a major Federal action significantly affecting the quality of the human environment, as determined by the Secretary. (C) The sum of the total appraised value of the land, water, and interests in land or water to be added to the System unit and the total appraised value of the land, water, and interests in land or water to be deleted from the System unit does not exceed $750,000. (D) The proposed boundary change is not an element of a more comprehensive boundary change proposal. (E) The proposed boundary has been subject to a public review and comment period. (F) The Director obtains written consent for the boundary change from all property owners whose land, water, or interests in land or water, or a portion of whose land, water, or interests in land or water, will be added to or deleted from the System unit by the boundary change. (G) The land abuts other Federal land administered by the Director. (6) **Act of congress required.—** — Minor boundary changes involving only deletions of acreage owned by the Federal Government and administered by the Service may be made only by Act of Congress.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1a–12 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, Pub. L. 101–628, title XII, § 1216, Nov. 28, 1990, 104 Stat. 4508, related to evaluation of proposed boundary changes. See [section 100506(a) of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section100506/a&num=0&edition=prelim), National Park Service and Related Programs.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460 — Natchez Trace Parkway

All lands and easements heretofore and hereafter conveyed to the United States by the States of Mississippi, Alabama, and Tennessee for the right-of-way for the projected parkway between Natchez, Mississippi, and Nashville, Tennessee, together with sites acquired or to be acquired for recreational areas in connection therewith, and a right-of-way for said parkway of a width sufficient to include the highway and all bridges, ditches, cuts, and fills appurtenant thereto, but not exceeding a maximum of two hundred feet through Government-owned lands (except that where small parcels of Government-owned lands would otherwise be isolated, or where topographic conditions or scenic requirements are such that bridges, ditches, cuts, fills, parking overlooks, and landscape development could not reasonably be confined to a width of two hundred feet, the said maximum may be increased to such width as may be necessary, with the written approval of the department or agency having jurisdiction over such lands) as designated on maps heretofore or hereafter approved by the Secretary of the Interior, shall be known as the Natchez Trace Parkway and shall be administered and maintained by the Secretary of the Interior through the National Park Service, subject to the provisions of the Act of Congress approved August 25, 1916 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes”,11 See References in Text note below. the provisions of which Act, as amended and supplemented, are extended over and made applicable to said parkway: Provided, That the Secretary of Agriculture is authorized, with the concurrence of the Secretary of the Interior, to connect with said parkway such roads and trails as may be necessary for the protection, administration, or uti

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1a–13 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, Pub. L. 101–628, title XII, § 1217, Nov. 28, 1990, 104 Stat. 4508, related to proposals for boundary changes. See [section 100506(b) of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section100506/b&num=0&edition=prelim), National Park Service and Related Programs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1a–13

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 341 — Establishment; description of area

The tracts of land, easements, and other real estate known before February 26, 1919, as the Sieur de Monts National Monument, situated on Mount Desert Island, in the county of Hancock and State of Maine, are declared to be a national park and dedicated as a public park for the benefit and enjoyment of the people under the name of the Acadia National Park, under which name the aforesaid national park shall be entitled to receive and to use all moneys heretofore or hereafter appropriated for Sieur de Monts National Monument.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460hhh–5 — Acquisition of lands

**(a) In general** The Secretary is authorized to acquire lands and interests therein within the boundaries of the Recreation Area by donation, purchase with donated or appropriated funds, exchange, or transfer from another Federal agency, except that such lands or interests owned by the State of Nevada or a political subdivision thereof may be acquired only by donation or exchange. **(b) Incorporation of acquired lands** Any lands, waters, or interests in lands or interests therein located within the Recreation Area that are acquired by the United States or administratively transferred to the Secretary after August 4, 1993, shall be incorporated into the Recreation Area and managed in accordance with the laws, rules, and regulations applicable to the National Forest System and the provisions of this subchapter. **(c) Land and Water Conservation Fund** For purposes of [section 100506 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section100506&num=0&edition=prelim), where such boundaries are established for units of the National Forest System, such established boundaries shall be treated as if they were the boundaries of the National Forests as of January 1, 1965. Money appropriated from the Land and Water Conservation Fund shall be available for the acquisition of lands and interests therein in furtherance of the purposes of this subchapter.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 539 — Additions to existing national forests; administration

**(a)** The following units of the National Forest System are hereby expanded: (1) Chugach National Forest by the addition of four areas, Nellie Juan, College Fjord, Copper/Rude River, and Controller Bay, containing approximately one million nine hundred thousand acres of public land, as generally depicted on the map entitled “Chugach National Forest additions—proposed”, and dated October 1978; and (2) Tongass National Forest by the addition of three areas, Kates Needle, Juneau Icefield, and Brabazon Range, containing approximately one million four hundred and fifty thousand acres of public lands, as generally depicted on the map entitled “Tongass National Forest additions—proposed”, and dated October 1978. **(b)** Subject to valid existing rights, lands added to the Tongass and Chugach National Forests by this section shall be administered by the Secretary in accordance with the applicable provisions of this Act and the laws, rules, and regulations applicable to the national forest system: Provided, That the conservation of fish and wildlife and their habitat shall be the primary purpose for the management of the Copper/Rude River addition and the Copper River-Bering River portion of the existing Chugach National Forest, as generally depicted on the map appropriately referenced and dated October 1978: Provided, That the taking of fish and wildlife shall be permitted within zones established by this subsection pursuant to the provisions of this Act and other applicable State and Federal law. Multiple use activities shall be permitted in a manner consistent with the conservation of fish and wildlife and their habitat as set forth in special regulations which shall be promulgated by the Secretary.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 539

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 539h — Greer Spring Special Management Area

**(a) Objectives and establishments** In order to provide for public outdoor recreation use, including fishing and hunting, in a natural setting, and the enjoyment of certain areas within the Mark Twain National Forest, to protect those areas’ natural, archaeological, and scenic resources, and to provide for appropriate resource management of those areas, there is hereby established the Greer Spring Special Management Area (hereinafter referred to as “the special management area”). The Secretary shall manage the special management area in accordance with this Act, and with provisions of law generally applicable to units of the National Forest System to the extent consistent with this Act. **(b) Area included** The special management area shall consist of lands, waters, and interests therein within the area referred to on the map as “The Greer Spring Special Management Area”. The Secretary is authorized to make minor revisions to the boundary of the special management area. **(c) Timber harvesting** The Secretary shall permit the harvesting of timber within the special management area only in those cases where, in the judgment of the Secretary, the harvesting of timber is required in order to control insects or disease, for public safety, for salvage sales, or to accomplish the objectives of the special management area as described in subsection (a). To the extent practicable, timber harvesting shall be conducted only by the individual tree selection method. **(d) Hunting and fishing** The Secretary shall permit hunting and fishing on lands and waters within the special management area in accordance with applicable Federal and State law. **(e) Mining and mineral leasing** Subject to valid, existing rights, lands within the special management areas are withdrawn from

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 539k — Kelly Butte Special Management Area

**(a) Establishment** Upon conveyance to the United States of the Plum Creek offered lands in the Kelly Butte area, there is hereby established the Kelly Butte Special Management Area in the Mt. Baker-Snoqualmie National Forest, Washington, comprising approximately 5,642 acres, as generally depicted on a map entitled “Kelly Butte Special Management Area”, dated October 1998. **(b) Management** The Kelly Butte Special Management Area shall be managed by the Secretary in accordance with the laws, rules and regulations generally applicable to National Forest System lands, and subject to the following additional provisions: (1) the Area shall be managed with special emphasis on: (A) preserving its natural character and protecting and enhancing water quality in the upper Green River watershed; (B) permitting hunting and fishing; (C) providing opportunities for primitive and semi-primitive recreation and scientific research and study; (D) protecting and enhancing populations of fish, wildlife and native plant species; and (E) allowing for traditional uses by native American peoples; (2) commercial timber harvest and road construction shall be prohibited; (3) the Area shall be closed to the use of motor vehicles, except as may be necessary for administrative purposes or in emergencies (including rescue operations) to protect public health and safety; and (4) the Area shall, subject to valid existing rights, be permanently withdrawn from all forms of entry and appropriation under the U.S. mining laws and mineral leasing laws, including the Geothermal Steam Act of 1970 [[30 U.S.C. 1001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1001&num=0&edition=prelim) et seq.]. **(c) No buffer zones** Congress does not intend that the des

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 546a — Boundaries

**(a) Saint Helena Island** The scenic area shall comprise all of Saint Helena Island, in Lake Michigan, Michigan, and all associated rocks, pinnacles, islands, and islets within one-eighth mile of the shore of Saint Helena Island. **(b) Boundaries of Hiawatha National Forest extended** Upon establishment of the scenic area, the boundaries of the Hiawatha National Forest shall be extended to include all of the lands within the scenic area. All such extended boundaries shall be deemed boundaries in existence as of January 1, 1965, for the purposes of [section 100506 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section100506&num=0&edition=prelim). **(c) Payments to local governments** Solely for purposes of payments to local governments pursuant to [section 6902 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6902&num=0&edition=prelim), lands acquired by the United States under sections 546 to 546a–5 of this title shall be treated as entitlement lands.

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Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 100506 — Boundary changes to System units

Page 15 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 100506 agencies or agencies of political subdivisions of States as the Secretary considers best. (b) CONSENT OF CONGRESS TO AGREEMENTS BE- TWEEN STATES.—The consent of Congress is given to any 2 or more States to negotiate and enter into compacts or agreements with one an- other with reference to planning, establishing, developing, improving, and maintaining any park, parkway, or recreational area. No compact or agreement shall be effective until approved by the legislatures of the States that are parties to the compact or agreement and by Congress. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3099.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100504(a)(1) 16 U.S.C. 17n. June 23, 1936, ch. 735, 49 Stat. 1894; Aug. 1, 1956, ch. 852, § 6, 70 Stat. 908. 100504(a)(2), (3). 16 U.S.C. 17k. 100504(a)(4) 16 U.S.C. 17l. 100504(b) ..... 16 U.S.C. 17m. § 100505. Periodic review of System (a) AUTHORITY OF SECRETARY TO CONDUCT RE- VIEW.—The Secretary shall conduct a systematic and comprehensive review of certain aspects of the System and on a periodic basis (but not less often than every 3 years) submit to the Com- mittee on Natural Resources and the Committee on Appropriations of the House of Representa- tives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report on the findings of the re- view, together with recommendations as the Secretary determines to be necessary. (b) CONSULTATION.—In conducting and pre- paring the report, the Secretary shall consult with appropriate officials of affected Federal, State, and local agencies and national, regional, and local organizations. The cons

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