16 U.S.C. § 459r — Disposition of recreational demonstration

Page 616 TITLE 16—CONSERVATION § 459j–6 (c) Compensation; payment of expenses upon vouchers Members of the Commission shall serve with- out compensation, as such, but the Secretary may pay, upon vouchers signed by the Chair- man, the expenses reasonably incurred by the Commission and its members in carrying out their responsibilities under this section. (Pub. L. 93–626, § 6, Jan. 3, 1975, 88 Stat. 2124; Pub. L. 94–398, Sept. 4, 1976, 90 Stat. 1204.) Editorial Notes AMENDMENTS 1976—Subsec. (a). Pub. L. 94–398 substituted ‘‘six members’’ for ‘‘five members’’ in introductory provi- sions and substituted ‘‘two’’ for ‘‘one’’ and inserted re- quirement relating to residency of each member in cl. (3). § 459j–6. Transfer of lands for use as administra- tive and visitor facilities to Secretary of the Interior; use of portion of John F. Kennedy Space Center; transfer of excess land within seashore to Secretary of the Interior On January 3, 1975, those lands to be used for the administrative and visitor facilities de- scribed in section 459j–4(c)(1) of this title shall be transferred by sections 459j to 459j–8 of this title to the Secretary of the Interior and those portions of the John F. Kennedy Space Center falling within the boundaries of the seashore as defined in section 459j of this title shall become a part of the seashore, and within ninety days thereafter, the Administrator, National Aero- nautics and Space Administration, shall grant to the Secretary for carrying out the intent and purpose of sections 459j to 459j–8 of this title such use of said portions as the Administrator determines is not inconsistent with public safe- ty and the needs of the space and defense pro- grams of the Nation. Notwithstanding any other provision of law, any lands within the seashore which the Administrator determines to be ex- cess to the needs of such agency shall be trans- ferred to the Secretary of the Interior for ad- ministration in accordance with the provisions of sections 459j to 459j–8 of this title: Provided, That any portions of the John F. Kennedy Space Center within the seashore not transferred to the Secretary shall remain under the control and jurisdiction of the Administrator. (Pub. L. 93–626, § 7, Jan. 3, 1975, 88 Stat. 2125.) § 459j–7. Report to President Within three years from January 3, 1975, the Secretary shall review the area within the sea- shore and shall report to the President, in ac- cordance with section 1132(c) and (d) of this title, his recommendations as to the suitability or nonsuitability of any area within the sea- shore for preservation as wilderness, and any designation of any such areas as a wilderness shall be accomplished in accordance with sec- tion 1132(c) and (d) of this title. (Pub. L. 93–626, § 8, Jan. 3, 1975, 88 Stat. 2125.) § 459j–8. Authorization of appropriations; reports to Congressional committees (a) Acquisition of lands and interests in lands There are hereby authorized to be appro- priated such sums as may be necessary to carry out the purposes of sections 459j to 459j–8 of this title, but not more than $7,941,000 for the acqui- sition of lands and interests in lands. In order to avoid excessive costs resulting from delays in the acquisition program, the Secretary shall make every reasonable effort to promptly ac- quire the privately owned lands within the sea- shore. Until all such lands are acquired, he shall report, in writing on June 30 of each year to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Re- sources of the House of Representatives, the fol- lowing information: (1) the amount of land acquired during the current fiscal year and the amount expended therefor; (2) the amount of land remaining to be ac- quired; and (3) the amount of land programed for acqui- sition in the ensuing fiscal year and the esti- mated cost thereof. (b) Development of essential public facilities For the development of essential public facili- ties there are authorized to be appropriated $2.6 million in addition to the sums previously ap- propriated. (Pub. L. 93–626, § 9, Jan. 3, 1975, 88 Stat. 2125; Pub. L. 100–564, § 2, Oct. 31, 1988, 102 Stat. 2831; Pub. L. 103–437, § 6(m), Nov. 2, 1994, 108 Stat. 4586.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–437, § 6(m)(1), in intro- ductory provisions substituted ‘‘Committee on Energy and Natural Resources of the Senate and the Com- mittee on Natural Resources of the House of Represent- atives’’ for ‘‘Committees on Interior and Insular Affairs of the United States Congress’’. Subsec. (b). Pub. L. 103–437, § 6(m)(2), struck out at end ‘‘Within three years from January 3, 1975, the Sec- retary shall develop and transmit to the Committees on Interior and Insular Affairs of the United States Congress a final master plan for the full development of the seashore consistent with the preservation objec- tives of sections 459j to 459j–8 of this title, 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 seashore.’’ 1988—Subsec. (b). Pub. L. 100–564 substituted ‘‘$2.6 million in addition to the sums previously appro- priated’’ for ‘‘not more than $500,000’’. SUBCHAPTER LXIV—RECREATIONAL DEMONSTRATION PROJECTS § 459r. Disposition of recreational demonstration projects Except as provided in section 459s of this title, the Secretary of the Interior is authorized, with the approval of the President, to convey or lease to the States or to the political subdivisions Page 617 TITLE 16—CONSERVATION § 459r thereof, without consideration, any or all of the recreational demonstration projects and lands, improvements, and equipment comprised within such projects transferred to him by Executive Order Numbered 7496, dated November 14, 1936, or any parts of such projects, when in his judg- ment such grantees or lessees are adequately prepared to administer, operate, and maintain such project areas for public park, recreational, and conservation purposes, or he may, with the approval of the President, transfer to other Fed- eral agencies any of the aforesaid recreational demonstration areas that may be of use to such agencies. (June 6, 1942, ch. 380, § 1, 56 Stat. 326.) Statutory Notes and Related Subsidiaries SILVER CREEK PROJECT Act July 30, 1947, ch. 351, 61 Stat. 519, provided: ‘‘That, in order to carry out the purposes of the act of June 6, 1942 [56 Stat. 326; sections 459r to 459t of this title], re- lating to the disposition of recreational demonstration areas, and to effectuate the transfer to the State of Or- egon, pursuant to that act, of the Silver Creek rec- reational demonstration project, the following-de- scribed revested Oregon and California Railroad grant lands shall hereafter be administered as a part of the Silver Creek recreational demonstration project and shall be subject to all of the provisions of the aforesaid Act of June 6, 1942: ‘‘WILLAMETTE MERIDIAN ‘‘Township 8 south, range 1 east: ‘‘Section 13, east half southeast quarter and southeast quarter northeast quarter; ‘‘Section 25, all; ‘‘Section 35, north half northeast quarter north- east quarter and north half south half northeast quarter northeast quarter; ‘‘Township 8 south, range 2 east: ‘‘Section 17, south half southwest quarter and northwest quarter southwest quarter; ‘‘Section 19, lots 3, 4, and northeast quarter; ‘‘Section 29, west half; and ‘‘Section 31, north half; comprising one thousand seven hundred and ninety-one and ninety-three one-hundredths acres. ‘‘SEC. 2. The following-described lands also shall be- come a part of the Silver Creek recreational dem- onstration project and shall be subject to the provi- sions of the act of June 6, 1942, upon acquisition of title thereto by the Oregon and California Revested Lands Administration: ‘‘WILLAMETTE MERIDIAN ‘‘Township 8 south, range 1 east: Section 36, north- east quarter, northeast quarter northwest quarter, north half southeast quarter northwest quarter, north half south half southeast quarter northwest quarter, north half northwest quarter northwest quarter, and north half south half northwest quarter northwest quarter; comprising two hundred and sixty acres.’’ Executive Documents DELEGATION OF FUNCTIONS For delegation to Secretary of the Interior of author- ity vested in President by this section, see Ex. Ord. No. 10752, Feb. 12, 1958, 23 F.R. 973, set out as a note under section 715j of Title 15, Commerce and Trade. EX. ORD. NO. 7496. TRANSFER OF RECREATIONAL DEMONSTRATION PROJECTS Ex. Ord. No. 7496, Nov. 14, 1936, 1 F.R. 1946, provided: By virtue of and pursuant to the authority vested in me by Title II of the National Industrial Recovery Act (48 Stat. 200) (title 15, sections 701 to 712), the Emer- gency Relief Appropriation Act of 1935 (49 Stat. 115), and the Emergency Relief Appropriation Act of 1936 (Public, No. 739, 74th Congress), (title 15, ch. 16 note) I hereby order as follows: 1. There is transferred from the Resettlement Admin- istration to the Secretary of the Interior (a) all the real and personal property or any interest therein, together with all contracts, options, rights and interests, books, papers, memoranda, records, etc., acquired by the Re- settlement Administration in connection with the rec- reational demonstration projects set forth in the at- tached schedule with funds appropriated or made avail- able to carry out the provisions of the National Indus- trial Recovery Act by the Fourth Deficiency Act, fiscal year 1933 (48 Stat. 274, 275), and by the Emergency Ap- propriation Act, fiscal year 1935 (48 Stat. 1055), and with funds appropriated by the Emergency Relief Appropria- tion Act of 1935 (49 Stat. 115), and by the Emergency Relief Appropriation Act of 1936 (Public No. 739, 74th Congress), (title 15, ch. 16 note) and (b) all personnel, whether in the District of Columbia or elsewhere, now employed in connection with the acquisition of land for those recreational demonstration projects, together with all administration personnel records pertaining to the employees transferred, and to those employees en- gaged in development activities as of July 31, 1936, who were released by the Resettlement Administration on that date to permit the Department of the Interior to enter them on its rolls as of August 1. 2. There is transferred and allocated to the Secretary of the Interior all balances of appropriations heretofore made available to or allotted for expenditure by the Resettlement Administration both for acquiring land for the recreational demonstration projects set forth in the attached schedule and for developing those projects, under the said National Industrial Recovery Act, Fourth Deficiency Act, fiscal year 1933, Emergency Appropriation Act, fiscal year 1935, Emergency Relief Appropriation Act of 1935, and Emergency Relief Appro- priation Act of 1936, to be used for the purposes for which such funds were made available or allotted to the Resettlement Administration. The Secretary of the In- terior shall assume all outstanding obligations, com- mitments, and encumbrances heretofore incurred by the Resettlement Administration in connection with the said projects. 3. The Secretary of the Interior is authorized, through the National Park Service, to complete and ad- minister the projects transferred to him by this Execu- tive Order and to exercise with respect to any real or personal property or any interest therein, contracts, options, rights and interests, books, papers, memo- randa, and records acquired in connection with such projects, all the powers and functions given to the Re- settlement Administration in connection therewith by Executive Orders Nos. 7027 and 7028 of April 30, 1935, and April 30, 1935, respectively. 4. The Secretary of the Interior is authorized to pre- scribe such rules and regulations as may be necessary to carry out the administrative functions transferred and delegated to him by this Executive Order. Schedule of Recreational Demonstration Projects OP No. RA No. Name 65–11–24 ........ LD–ME–2 ..... Camden Hills 56–143 ........... LP–ME–2 ..... Camden Hills 65–11–25 ........ LD–ME–3 ..... Acadia 56–144 ........... LP–ME–3 ..... Acadia 65–25–340 ...... LD–MD–4 ..... Catoctin 56–147 ........... LP–MD–4 ..... Catoctin 65–13–145 ...... LD–NH–1 ..... Bear Brook 56–183 ........... LP–NH–1 ...... Bear Brook 65–23–3466 ..... LD–PA–6 ...... Racoon Creek 56–232 ........... LP–PA–6 ...... Racoon Creek 65–23–3467 ..... LD–PA–7 ...... French Creek 56–233 ........... LP–PA–7 ...... French Creek 65–23–3468 ..... LD–PA–8 ...... Laurel Hill 56–234 ........... LP–PA–8 ...... Laurel Hill 65–23–3469 ..... LD–PA–11 .... Blue Knob 56–235 ........... LP–PA–11 .... Blue Knob 65–23–3470 ..... LD–PA–12 .... Hickory Run 56–236 ........... LP–PA–12 .... Hickory Run Page 618 TITLE 16—CONSERVATION § 459s 1 See Change of Name note below. Schedule of Recreational Demonstration Projects— Continued OP No. RA No. Name 65–16–365 ...... LD–RI–2 ....... Beach Pond 56–238 ........... LP–RI–2 ....... Beach Pond 65–51–3019 ..... LD–MI–4 ...... Waterloo 56–152 ........... LP–MI–4 ...... Waterloo 65–51–3020 ..... LD–MI–6 ...... Yankee Springs 56–153 ........... LP–MI–6 ...... Yankee Springs 65–71–4637 ..... LD–MN–7 ..... St. Croix 56–160 ........... LP–MN–7 ..... St. Croix 65–54–1683 ..... LD–IL–5 ....... Pere Marquette 56–126 ........... LP–IL–5 ....... Pere Marquette 65–52–2067 ..... LD–IN–5 ....... Versailles 56–129 ........... LP–IN–5 ....... Versailles 65–52–2068 ..... LD–IN–6 ....... Winemac 56–130 ........... LP–IN–6 ....... Winemac 65–55–2838 ..... LD–MO–6 ..... Lake of the Ozarks 56–167 ........... LP–MO–6 ..... Lake of the Ozarks 65–55–2839 ..... LD–MO–7 ..... Cuivre River 56–168 ........... LP–MO–7 ..... Cuivre River 65–55–2840 ..... LD–MO–8 ..... Montserrat 56–169 ........... LP–MO–8 ..... Montserrat 65–43–1491 ..... LD–KY–4 ..... Otter Creek 56–136 ........... LP–KY–4 ...... Otter Creek 65–32–1133 ..... LD–NC–8 ...... Crabtree Creek 56–203 ........... LP–NC–8 ...... Crabtree Creek 65–32–1134 ..... LD–NC–11 .... Appalachian National Parkway (Blue Ridge Parkway) 56–204 ........... LP–NC–11 .... Appalachian National Parkway (Blue Ridge Parkway) 65–44–1315 ..... LD–TN–11 .... Montgomery Bell 56–266 ........... LP–TN–11 .... Montgomery Bell 65–44–1316 ..... LD–TN–12 .... Shelby Forest Park 56–267 ........... LP–TN–12 .... Shelby Forest Park 65–44–1317 ..... LD–TN–13 .... Falls Creek Falls 56–268 ........... LP–TN–13 .... Falls Creek Falls 65–31–1155 ..... LD–VA–5 ..... Swift Creek 56–277 ........... LP–VA–5 ...... Swift Creek 65–31–1156 ..... LD–VA–6 ..... Chopawamsic 56–278 ........... LP–VA–6 ...... Chopawamsic 65–31–1158 ..... LD–VA–7 ..... Shenandoah National Park 56–279 ........... LP–VA–7 ...... Shenandoah National Park 65–31–1516 ..... LD–VA–8 ..... Appalachian National Park 56–280 ........... LP–VA–8 ...... Appalachian National Park 65–31–1157 ..... LD–VA–9 ..... Bull Run 56–281 ........... LP–VA–9 ...... Bull Run 65–31–1159 ..... LD–VA–13 .... Waysides 56–282 ........... LP–VA–13 .... Waysides 65–61–1184 ..... LD–AL–11 .... Oak Mountain 56–96 ............ LP–AL–11 .... Oak Mountain 65–34–3167 ..... LD–GA–9 ..... Hard Labor Creek 56–120 ........... LP–GA–9 ...... Hard Labor Creek 65–34–3168 ..... LD–GA–11 .... Alex Stephens Memorial 56–121 ........... LP–GA–11 .... Alex Stephens Memorial 65–34–3169 ..... LD–GA–12 .... Pine Mountain 56–122 ........... LP–GA–12 .... Pine Mountain 65–33–1838 ..... LD–SC–7 ...... Cheraw 56–243 ........... LP–SC–7 ...... Cheraw 65–33–1839 ..... LD–SC–8 ...... Kings Mountain 56–244 ........... LP–SC–8 ...... Kings Mountain 65–33–1840 ..... LD–SC–12 ..... Waysides 56–245 ........... LP–SC–12 ..... Waysides 65–73–221 ...... LD–ND–12 .... Roosevelt Park 56–216 ........... LP–ND–12 .... Roosevelt Park 65–74–1475 ..... LD–SD–14 .... Badlands 56–259 ........... LP–SD–14 .... Badlands 65–74–1476 ..... LD–SD–15 .... Custer Park 56–260 ........... LP–SD–15 .... Custer Park 65–65–695 ...... LD–OK–9 ...... Lake Murray 56–225 ........... LP–OK–9 ...... Lake Murray 65–03–1801 ..... LD–CF–5 ...... Mendocino Woodlands 56–104 ........... LP–CF–5 ...... Mendocino Woodlands 65–83–245 ...... LD–WY–2 ..... Lake Guernsey 56–297 ........... LP–WY–2 ..... Lake Guernsey 65–94–677 ...... LD–OR–4 ...... Silver Creek 56–299 ........... LP–OR–4 ...... Silver Creek 65–85–932 ...... LD–NM–14 ... White Sands 56–197 ........... LP–NM–14 .... White Sands § 459s. Lands for certain projects added to cer- tain projects After June 6, 1942, the lands acquired for the Acadia, French Creek, Shenandoah, and White Sands recreational demonstration projects shall be added to and become a part of Acadia Na- tional Park, Hopewell Village National Historic Site, Shenandoah National Park, and White Sands National Monument,1 in the order named above, subject to all laws, rules, and regulations applicable to the respective areas to which such recreational demonstration projects are added. (June 6, 1942, ch. 380, § 2, 56 Stat. 327.) Editorial Notes CODIFICATION Proviso directing the Secretary of the Interior to file with the National Archives within six months after June 6, 1942, a map of each recreational demonstration project enumerated in the section has been omitted as executed. Statutory Notes and Related Subsidiaries CHANGE OF NAME White Sands National Monument abolished, and White Sands National Park established, by Pub. L. 116–92, div. B, title XXVIII, § 2851, Dec. 20, 2019, 133 Stat. 1895, which is classified to section 410dddd of this title and which provides that any reference to the White Sands National Monument shall be considered to be a reference to the White Sands National Park. HOPEWELL VILLAGE BOUNDARY REVISION Act July 24, 1946, ch. 604, 60 Stat. 655, provided: ‘‘That the Secretary of the Interior is hereby authorized to withdraw from the Hopewell Village National Historic Site, Pennsylvania, all or any part of the lands added to the Hopewell Village National Historic Site by the act approved June 6, 1942, entitled ‘An Act to authorize the disposition of recreational demonstration projects, and for other purposes [sections 459r to 459t of this title]’, which in his opinion are not required for his- toric-site purposes. Any lands so withdrawn shall re- vert to the status of a recreational demonstration area.’’ SILVER CREEK RECREATIONAL DEMONSTRATION PROJECT Act June 9, 1947, ch. 100, 61 Stat. 129, provided: ‘‘That for the purpose of consolidating Federal holdings of lands acquired for the Silver Creek recreational dem- onstration project, in the State of Oregon, the Sec- retary of the Interior is hereby authorized to exchange any such lands for other lands of approximately equal value when in his opinion such action is in the interest of the United States, the title to any lands acquired hereunder to be satisfactory to the Attorney General. Upon the vesting of title thereto in the United States, any lands acquired pursuant to this authorization shall become a part of the Silver Creek recreational dem- onstration project, and shall be subject to the laws ap- plicable thereto. ‘‘SEC. 2. Upon the conveyance of the Silver Creek rec- reational demonstration project to the State of Oregon, or political subdivision thereof, pursuant to the Act of June 6, 1942 (56 Stat. 326) [sections 459r to 459t of this title], the Secretary of the Interior may authorize the grantee to exchange or otherwise dispose of any lands so conveyed in order to acquire other lands of approxi- mately equal value for the purpose of consolidating the holdings of the grantee, the title to lands so acquired to be satisfactory to the Attorney General. For the aforesaid purpose the Secretary is authorized to exe- cute a release, as to the particular lands involved, of any condition providing for a reversion of title to the United States, that may be contained in the convey- ance by the United States to said grantee. No such re- lease shall be executed, however, unless the grantee shall agree, in form satisfactory to the Secretary, that the lands to be acquired by it shall be subject to the conditions contained in the original conveyance from the United States, except that, in lieu of a provision for reversion, the grantee shall agree to convey said lands to the United States upon a finding by the Secretary in accordance with the procedure provided in said Act of June 6, 1942, that the grantee has not complied with such conditions during a period of more than three years. Lands so conveyed to the United States shall be subject to administration or disposition in like manner as recreational demonstration project lands that revert to the United States under the terms of the aforesaid Act.’’