16 U.S.C. § 460m — Establishment

Page 641 TITLE 16—CONSERVATION § 460m–2 § 460l–34. Protection of authorized purposes of reclamation projects (a) Nothing in this part shall be construed to change, modify, or expand the authorized pur- poses of any Reclamation project. (b) The expansion or modification of a rec- reational facility constructed under this part shall not increase the capital repayment respon- sibilities or operation and maintenance expenses of the beneficiaries of authorized purposes of the associated Reclamation project. The term ‘‘beneficiaries’’ does not include those entities who sign agreements or enter into contracts for recreation facilities pursuant to the Federal Water Project Recreation Act [16 U.S.C. 460l–12 et seq.]. (Pub. L. 102–575, title XXVIII, § 2806, Oct. 30, 1992, 106 Stat. 4693.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this title’’, meaning title XXVIII of Pub. L. 102–575, Oct. 30, 1992, 106 Stat. 4690, which enacted sections 460l–31 to 460l–34 of this title and amended sections 460l–13 to 460l–15 and 460l–18 of this title. The Federal Water Project Recreation Act, referred to in subsec. (b), is Pub. L. 89–72, July 9, 1965, 79 Stat. 213, which is classified principally to part C (§ 460l–12 et seq.) of this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 460l–12 of this title and Tables. SUBCHAPTER LXX—OZARK NATIONAL SCENIC RIVERWAYS § 460m. Establishment For the purpose of conserving and interpreting unique scenic and other natural values and ob- jects of historic interest, including preservation of portions of the Current River and the Jacks Fork River in Missouri as free-flowing streams, preservation of springs and caves, management of wildlife, and provisions for use and enjoyment of the outdoor recreation resources thereof by the people of the United States, the Secretary of the Interior (hereinafter referred to as the ‘‘Sec- retary’’) shall designate for establishment as the Ozark National Scenic Riverways the area (here- inafter referred to as ‘‘such area’’) generally de- picted on map numbered NR OZA 7002 entitled ‘‘Proposed Ozark National Rivers’’ dated Decem- ber 1963 which map is on file for public inspec- tion in the office of the National Park Service, Department of the Interior: Provided, That the area so designated shall not include more than sixty-five thousand acres of land now in private ownership and that no lands shall be designated within two miles of the present boundaries of the municipalities of Eminence and Van Buren, Missouri. The Secretary, with the concurrence of the State, shall designate for inclusion in the Ozark National Scenic Riverways, the lands composing Big Springs, Alley Springs, and Round Spring State Parks, and the Secretary is hereby directed to negotiate with the State for the donation and the inclusion of such park lands in the Ozark National Scenic Riverways. (Pub. L. 88–492, § 1, Aug. 27, 1964, 78 Stat. 608.) § 460m–1. Acquisition of lands, easements, etc.; exchange of lands; consent of State; rever- sion to State; administrative jurisdiction of Federal lands or waters The Secretary may, within the area des- ignated or altered pursuant to section 460m–3 of this title, acquire lands and interests therein, including scenic easements, by such means as he may deem to be in the public interest: Provided, That scenic easements may only be acquired with the consent of the owner of the lands or waters thereof: And provided further, That any parcel of land containing not more than five hundred acres, which borders either the Current River or the Jacks Fork River, and which is being primarily used for agricultural purposes, shall be acquired by the Secretary in its en- tirety unless the owner of any such parcel con- sents to the acquisition of a part thereof. Prop- erty so acquired which lies outside the boundary generally depicted on the map referred to in sec- tion 460m of this title may be exchanged by the Secretary for any land of approximately equal value within the boundaries. Lands and waters owned by the State of Missouri within such area may be acquired with the consent of the State and, notwithstanding any other provision of law, subject to provision for reversion to such State conditioned upon continued use of the property for National Scenic Riverway. Federally owned lands or water lying within such area shall, upon establishment of the area pursuant to sec- tion 460m–3 of this title, be transferred to the administrative jurisdiction of the Secretary, without transfer of funds, for administration as part of the Ozark National Scenic Riverways. (Pub. L. 88–492, § 2, Aug. 27, 1964, 78 Stat. 608; Pub. L. 92–272, title IV, § 401, Apr. 11, 1972, 86 Stat. 122.) Editorial Notes AMENDMENTS 1972—Pub. L. 92–272 substituted provisions author- izing lands and waters owned by the State of Missouri to be acquired with the consent of the State, subject to reversion to such State conditioned upon the continued use of the property for the National Scenic Riverway, for provisions authorizing lands and waters owned by the State of Missouri to be acquired only with the con- sent of the State. § 460m–2. Reservation of use and occupancy of improved property for noncommercial resi- dential purposes; term; valuation Any owner or owners, including beneficial owners (hereinafter in this section referred to as ‘‘owner’’), of improved property on the date of its acquisition by the Secretary may, as a condi- tion to such acquisition, retain the right of use and occupancy of the improved property for non- commercial residential purposes for a term end- ing at the death of such owner, or the death of his spouse, or at the death of the survivor of ei- ther of them. The owner shall elect the term to be reserved. 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. (Pub. L. 88–492, § 3, Aug. 27, 1964, 78 Stat. 608.)