16 U.S.C. § 460tt — Cross Florida Barge Canal

Page 757 TITLE 16—CONSERVATION § 460tt 1 So in original. No subsec. (b) has been enacted. 2 So in original. Probably should be ‘‘of the’’. (Pub. L. 99–552, § 4, Oct. 27, 1986, 100 Stat. 3084; Pub. L. 100–580, § 12(a), Oct. 31, 1988, 102 Stat. 2935; Pub. L. 100–653, title VI, §§ 601, 602(b), 603(1), Nov. 14, 1988, 102 Stat. 3829, 3830; Pub. L. 102–570, § 2, Oct. 29, 1992, 106 Stat. 4490.) Editorial Notes AMENDMENTS 1992—Subsec. (j). Pub. L. 102–570 added subsec. (j). 1988—Subsec. (c). Pub. L. 100–580, § 12(a)(A), sub- stituted ‘‘14’’ for ‘‘12’’ in introductory provisions. Subsec. (c)(11), (12). Pub. L. 100–580, § 12(a)(B), added pars. (11) and (12). Subsec. (f)(1). Pub. L. 100–653, § 602(b), substituted ‘‘Procedures’’ for ‘‘Decisions of Task Force’’ as par. heading and amended text generally. Prior to amend- ment, text read as follows: ‘‘All decisions of the Task Force must be by unanimous vote of all the members.’’ Subsec. (h). Pub. L. 100–653, § 603(1), substituted ‘‘, the State of California, or the State of Oregon’’ for ‘‘or the State of California’’. Subsec. (i). Pub. L. 100–653, § 601, substituted ‘‘Ex- penses’’ for ‘‘Limitation on spending authority’’ in heading and amended text generally, designating exist- ing provisions as par. (2) and adding par. (1). Statutory Notes and Related Subsidiaries SPECIAL RULE Pub. L. 100–580, § 12(b), Oct. 31, 1988, 102 Stat. 2935, pro- vided that: ‘‘The initial term of the representative ap- pointed pursuant to section 4(c)(11) and (12) of such Act [16 U.S.C. 460ss–3(c)(11), (12)] (as added by the amend- ment made by subsection (a)) shall be for that time which is the remainder of the terms of the members of the Task Force then serving. Thereafter, the term of such representatives shall be as provided in section 4(e) of such Act.’’ § 460ss–4. Enforcement (a) Memorandum of agreement 1 In order to strengthen and facilitate the en- forcement of Area fishery harvesting regula- tions, the Secretary shall enter into a memo- randum of agreement with the California De- partment of Fish and Game. Such agreement shall specify the enforcement activities within the Area for which the respective agencies of the Department of 2 Interior and the California De- partment of Fish and Game are responsible and shall contain such provisions as are necessary to ensure the coordinated implementation of Fed- eral and State enforcement activities. (Pub. L. 99–552, § 5, Oct. 27, 1986, 100 Stat. 3085.) § 460ss–5. Appropriations (a) Authorization There are authorized to be appropriated to the Department of the Interior during the period be- ginning October 1, 1986, and ending on Sep- tember 30, 2006, $21,000,000 for the design, con- struction, operation, and maintenance of the program and for the payment of travel expenses under sections 460ss–2(j) and 460ss–3(i) of this title. Monies appropriated under this subsection shall remain available until expended or October 1, 2006, whichever first occurs. (b) Cost-sharing (1) 50 percent of the cost of the development and implementation of the program must be provided by one or more non-Federal sources on a basis considered by the Secretary to be timely and appropriate. For purposes of this subsection, the term ‘‘non-Federal source’’ includes a State or local government, any private entity, and any individual. (2) In addition to cash outlays, the Secretary shall consider as financial contributions by a non-Federal source the value of inkind contribu- tions and real and personal property provided by the source for purposes of implementing the pro- gram. Valuations made by the Secretary under this paragraph are final and not subject to judi- cial review. (3) For purposes of paragraph (2), inkind con- tributions may be in the form of, but are not limited to, personal services rendered by volun- teers. (4) The Secretary shall by regulation estab- lish— (A) the training, experience, and other quali- fications which such volunteers must have in order for their services to be considered as inkind contributions; and (B) the standards under which the Secretary will determine the value of inkind contribu- tions and real and personal property for pur- poses of paragraph (2). (5) The Secretary may not consider the ex- penditure, either directly or indirectly, with re- spect to the program of Federal moneys received by a State or local government to be a financial contribution by a non-Federal source to carry out the program. (Pub. L. 99–552, § 6, Oct. 27, 1986, 100 Stat. 3085; Pub. L. 100–653, title VI, § 603(3), (4), Nov. 14, 1988, 102 Stat. 3830.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–653, § 603(3), inserted ‘‘and for the payment of travel expenses under sections 460ss–2(j) and 460ss–3(i) of this title’’ before period at end of first sentence. Subsec. (b)(3). Pub. L. 100–653, § 603(4), struck out ‘‘in carrying out surveys, censuses, and other scientific studies’’ after ‘‘volunteers’’. § 460ss–6. Definitions As used in this subchapter— (1) The term ‘‘program’’ means the Klamath River Basin Conservation Area Restoration Program established under section 460ss–1(b) of this title. (2) The term ‘‘Secretary’’ means the Sec- retary of the Interior. (Pub. L. 99–552, § 7, Oct. 27, 1986, 100 Stat. 3086.) SUBCHAPTER CV—CROSS FLORIDA NATIONAL CONSERVATION AREA § 460tt. Cross Florida Barge Canal (a) Deauthorization The barge canal project located between the Gulf of Mexico and the Atlantic Ocean (herein- after in this section referred to as the ‘‘project’’), as described in the Act of July 23, 1942 (56 Stat. 703), shall be deauthorized by oper- ation of law immediately upon the Governor and Page 758 TITLE 16—CONSERVATION § 460tt Cabinet of the State of Florida adopting a reso- lution specifically agreeing on behalf of the State of Florida (hereinafter in this section re- ferred to as the ‘‘State’’) to all of the terms of the agreement prescribed in subsection (b). (b) Transfer of project lands Notwithstanding any other provision of law, the Secretary is, subject to the provisions of subsections (d) and (e), directed to transfer to the State all lands and interests in lands ac- quired by the Secretary and facilities completed for the project in subsection (a), without consid- eration, if the State agrees to each of the fol- lowing: (1) The State shall agree to hold the United States harmless from all claims arising from or through the operations of the lands and fa- cilities conveyed by the United States. (2) The State shall agree to preserve and maintain a greenway corridor which shall be open to the public for compatible recreation and conservation activities and which shall be continuous, except for areas referred to in sub- paragraphs (A) and (C) of this paragraph, along the project route over lands acquired by the Secretary or by the State or State Canal Au- thority, or lands acquired along the project route in the future by the State or State Canal Authority, to the maximum width possible, as determined in the management plan to be de- veloped by the State for former project lands. Such greenway corridor shall not be less than 300 yards wide, except for the following areas: (A) Any area of the project corridor where, as of November 28, 1990, no land is owned by the State or State Canal Authority. (B) Any area of the project corridor where, as of November 28, 1990, the land owned by the State or State Canal Authority is less than 300 yards wide. (C) Any area of the project corridor where a road or bridge crosses the project corridor. (3) Consistent with paragraph (2) of this sub- section, the State shall create a State park or conservation/recreation area in the lands and interests in lands acquired for the project lying between the Atlantic Ocean and the western boundaries of sections 20 and 29, town- ship 15 south, range 23 east. (4) The State shall agree, consistent with paragraphs (2), (5) and (6) of this subsection, to preserve, enhance, interpret, and manage the water and related land resources of the area containing cultural, fish and wildlife, scenic, and recreational values in the remaining lands and interests in land acquired for the project, lying west of sections 20 and 29, township 15 south, range 23 east, as determined by the State, for the benefit and enjoyment of present and future generations of people and the development of outdoor recreation. (5) The State shall agree to pay, from the as- sets of the State Canal Authority and the Cross Florida Canal Navigation District, in- cluding revenues from the sale of former project lands declared surplus by the State management plan, to the counties of Citrus, Clay, Duval, Levy, Marion, and Putnam a min- imum aggregate sum of $32,000,000 in cash or, at the option of the counties, payment to be made by conveyance of surplus former project lands selected by the State at current ap- praised values. (6) The State shall agree to provide that, after repayment of all sums due to the coun- ties of Citrus, Clay, Duval, Levy, Marion, and Putnam, the State may use any remaining funds generated from the sale of former project lands declared surplus by the State to acquire the fee title to lands along the project route as to which less than fee title was ob- tained, or to purchase privately owned lands, or easements over such privately owned lands, lying within the proposed project route, con- sistent with paragraphs (2), (3), and (4) of this subsection, according to such priorities as are determined in the management plan to be de- veloped by the State for former project lands. Any remaining funds generated from the sale of former project lands declared surplus by the State shall be used for the improvement and management of the greenway corridor con- sistent with paragraphs (2), (3), and (4) of this subsection. (c) Enforcement (1) Remedies and jurisdiction The United States is directed to vigorously enforce the agreement referred to in sub- sections (a) and (b) in the courts of the United States and shall be entitled to any remedies in equity or law, including, without limitation, injunctive relief. The court, in issuing any final order in any suit brought pursuant to this subsection, may, in its discretion, award costs of litigation (including reasonable attor- ney and expert witness fees) to any prevailing party. The United States district courts shall have original and exclusive jurisdiction of any action under this subsection. (2) State remedies The State shall be entitled to the same rem- edies listed in paragraph (1) of this subsection in the courts of the State or of the United States. (d) Time of transfer Actual transfer of lands and management re- sponsibilities under this section shall not occur on the constructed portions of the project lying between the Atlantic Ocean and the Eureka Lock and Dam, inclusive, and between the Gulf of Mexico and the Inglis Lock and Dam, inclu- sive, until the last day of the 24-month period beginning on November 28, 1990. (e) Management pending transfer In the 24-month period following November 28, 1990, the Secretary shall carry out any and all programmed maintenance on the portions of the project outlined in subsection (d). (f) Contract for continued O&M (1) In general During the period beginning on November 28, 1992, and ending on September 30, 1993, the Secretary is authorized and directed to offer to enter into a contract with the St. Johns River Water Management District and the Southwest Florida Water Management Dis- trict of the State of Florida for the continued Page 759 TITLE 16—CONSERVATION § 460uu–2 1 See References in Text note below. operation and maintenance by the Secretary of the portions of the project described in sub- section (d). The maintenance shall be per- formed at a level of service that is necessary to ensure safe operating conditions and to pre- vent deterioration of the structures. No major rehabilitations or renovations shall be per- formed by the Secretary in such portions of the project during such period. (2) Funding Funding for the continued operation and maintenance of the barge canal project by the Secretary under this subsection shall not ex- ceed $300,000. The State of Florida shall pay a non-Federal share of $600,000 to fund the con- tinued maintenance of the portions of the project described in subsection (d) in accord- ance with paragraph (1). (g) Survey The exact acreage and legal description of the real property to be transferred pursuant to this section shall be determined by a survey which is satisfactory to the Secretary and to the State. The cost of such survey shall be borne by the State. (Pub. L. 99–662, title XI, § 1114, Nov. 17, 1986, 100 Stat. 4232; Pub. L. 101–640, title IV, § 402, Nov. 28, 1990, 104 Stat. 4644; Pub. L. 102–580, title I, § 102(e), Oct. 31, 1992, 106 Stat. 4805.) Editorial Notes REFERENCES IN TEXT Act of July 23, 1942, referred to in subsec. (a), is act July 23, 1942, ch. 520, 56 Stat. 703. See National Defense Pipe Lines note set out preceding section 715 of Title 15, Commerce and Trade. AMENDMENTS 1992—Subsecs. (f), (g). Pub. L. 102–580 added subsec. (f) and redesignated former subsec. (f) as (g). 1990—Pub. L. 101–640 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (i) which established the Cross Florida National Conserva- tion Area, designated to it lands held for high-level barge canal project, required that certain portions of the barge canal project be operated and maintained for navigation, recreation, and fish and wildlife enhance- ment and for economic benefit of the region, provided for State of Florida to retain jurisdiction and responsi- bility over water resources planning, development, and control of surface and ground waters, required the Sec- retary to develop comprehensive management plan, di- rected operation of Rodman Dam to assure continu- ation of Lake Ocklawaha reservoir, required acquisi- tion of lands held by Florida Canal Authority for barge canal project and lands held by State of Florida or Canal Authority which were acquired pursuant to sec- tion 104 of the River and Harbor Act of 1960, and set forth conditions for effectiveness of certain provisions. SUBCHAPTER CVI—EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA PART A—EL MALPAIS NATIONAL MONUMENT § 460uu. Establishment; description of area (a) In order to preserve, for the benefit and en- joyment of present and future generations, that area in western New Mexico containing the na- tionally significant Grants Lava Flow, the Las Ventanas Chacoan Archeological Site, and other significant natural and cultural resources, there is hereby established the El Malpais National Monument (hereinafter referred to as the ‘‘monument’’). The monument shall consist of approximately 114,000 acres as generally de- picted on the map entitled ‘‘El Malpais National Monument and National Conservation Area’’ numbered NM–ELMA–80,001–B and dated May 1987. The map shall be on file and available for public inspection in the offices of the Director of the National Park Service, Department of the Interior. (b) As soon as practicable after December 31, 1987, the Secretary of the Interior (hereinafter referred to as the ‘‘Secretary’’) shall file a legal description of the monument with the Com- mittee on Interior and Insular Affairs of the United States House of Representatives and with the Committee on Energy and Natural Re- sources of the United States Senate. Such legal description shall have the same force and effect as if included in this subchapter, except that the Secretary may correct clerical and typo- graphical errors in such legal description and in the map referred to in subsection (a). The legal description shall be on file and available for pub- lic inspection in the offices of the National Park Service, Department of the Interior. (Pub. L. 100–225, title I, § 101, Dec. 31, 1987, 101 Stat. 1539.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. § 460uu–1. Transfer of administrative control of lands and waters Lands and waters and interests therein within the boundaries of the monument, which as of the day prior to December 31, 1987, were adminis- tered by the Forest Service, United States De- partment of Agriculture, are hereby transferred to the administrative jurisdiction of the Sec- retary to be managed as part of the monument in accordance with this subchapter. The bound- aries of the Cibola National Forest shall be ad- justed accordingly. (Pub. L. 100–225, title I, § 102, Dec. 31, 1987, 101 Stat. 1539.) § 460uu–2. Management The Secretary, acting through the Director of the National Park Service, shall manage the monument in accordance with the provisions of this subchapter, the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.),1 and other provi- sions of law applicable to units of the National Park System. The Secretary shall protect, man- age, and administer the monument for the pur- poses of preserving the scenery and the natural, historic, and cultural resources of the monu- ment and providing for the public understanding and enjoyment of the same in such a manner as