16 U.S.C. § 460ee — Establishment

Page 712 TITLE 16—CONSERVATION § 460dd–5 tion, or public use and enjoyment. Except in emergencies, any regulation of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department. (Pub. L. 92–593, § 5, Oct. 27, 1972, 86 Stat. 1312.) § 460dd–5. Mineral and grazing leases; Bureau of Land Management administration and poli- cies The administration of mineral and grazing leases within the recreation area shall be by the Bureau of Land Management. The same policies followed by the Bureau of Land Management in issuing and administering mineral and grazing leases on other lands under its jurisdiction shall be followed in regard to the lands within the boundaries of the recreation area, subject to the provisions of sections 460dd–2(a) and 460dd–3 of this title. (Pub. L. 92–593, § 6, Oct. 27, 1972, 86 Stat. 1312.) § 460dd–6. Easements and rights-of-way The Secretary shall grant easements and rights-of-way on a nondiscriminatory basis upon, over, under, across, or along any compo- nent of the recreation area unless he finds that the route of such easements and rights-of-way would have significant adverse effects on the ad- ministration of the recreation area. (Pub. L. 92–593, § 7, Oct. 27, 1972, 86 Stat. 1312.) § 460dd–7. Proposed road study (a) Criteria and environmental impact of specific route The Secretary, together with the Highway De- partment of the State of Utah, shall conduct a study of proposed road alinements within and adjacent to the recreation area. Such study shall locate the specific route of a scenic, low- speed road, hereby authorized, from Glen Can- yon City to Bullfrog Basin, crossing the Escalante River south of the point where the river has entered Lake Powell when the lake is at the three thousand seven hundred-foot level. In determining the route for this road, special care shall be taken to minimize any adverse en- vironmental impact and said road is not re- quired to meet ordinary secondary road stand- ards as to grade, alinement, and curvature. Turnouts, overlooks, and scenic vistas may be included in the road plan. In no event shall said route cross the Escalante River north of Ste- phens Arch. (b) Timetable The study shall include a reasonable timetable for the engineering, planning, and construction of the road authorized in subsection (a) and the Secretary of the Interior shall adhere to said timetable in every way feasible to him. (c) Markers and other interpretative devices The Secretary is authorized to construct and maintain markers and other interpretative de- vices consistent with highway safety standards. (d) Additional roads The study specified in subsection (a) hereof shall designate what additional roads are appro- priate and necessary for full utilization of the area for the purposes of this subchapter and to connect with all roads of ingress to, and egress from the recreation area. (e) Report to Congress The findings and conclusions of the Secretary and the Highway Department of the State of Utah, specified in subsection (a), shall be sub- mitted to Congress within two years of October 27, 1972, and shall include recommendations for any further legislation necessary to implement the findings and conclusions. It shall specify the funds necessary for appropriation in order to meet the timetable fixed in subsection (b). (Pub. L. 92–593, § 8, Oct. 27, 1972, 86 Stat. 1312.) § 460dd–8. Report to President Within two years from October 27, 1972, the Secretary shall report to the President, in ac- cordance with subsections 3(c) and 3(d) of the Wilderness Act [16 U.S.C. 1132(c) and (d)], his recommendations as to the suitability or non- suitability of any area within the recreation area for preservation as wilderness, and any des- ignation of any such area as wilderness shall be in accordance with said Wilderness Act [16 U.S.C. 1131 et seq.]. (Pub. L. 92–593, § 9, Oct. 27, 1972, 86 Stat. 1313.) Editorial Notes REFERENCES IN TEXT The Wilderness Act, referred to in text, is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified gen- erally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. § 460dd–9. Authorization of appropriations; limi- tation There are hereby authorized to be appro- priated such sums as may be necessary to carry out the purposes of this subchapter, not to ex- ceed, however, $400,000 for the acquisition of lands and interests in lands and not to exceed $37,325,400 for development. The sums authorized in this section shall be available for acquisition and development undertaken subsequent to the approval of this subchapter. (Pub. L. 92–593, § 10, Oct. 27, 1972, 86 Stat. 1313.) SUBCHAPTER LXXXIX—BIG SOUTH FORK NATIONAL RIVER AND RECREATION AREA § 460ee. Establishment (a) ‘‘Secretary’’ defined; statement of purposes; boundaries; acquisition of outside sites for administrative, visitor orientation, and recreation facilities As used in this section the term ‘‘Secretary’’ shall mean the Secretary of the Army, acting through the Chief of Engineers. The Secretary, in accordance with the national recreation area concept included in the interagency report pre- pared pursuant to section 218 of the Flood Con- trol Act of 1968 (Public Law 90–483) by the Corps of Engineers, the Department of the Interior, and the Department of Agriculture, as modified Page 713 TITLE 16—CONSERVATION § 460ee 1 So in original. Probably should be ‘‘Rugby’’. 2 See References in Text note below. by this section, is authorized and directed to es- tablish on the Big South Fork of the Cum- berland River in Kentucky and Tennessee the Big South Fork National River and Recreation Area (hereafter in this section referred to as the ‘‘National Area’’) for the purposes of conserving and interpreting an area containing unique cul- tural, historic, geologic, fish and wildlife, archeologic, scenic, and recreational values, pre- serving as a natural, free-flowing stream the Big South Fork of the Cumberland River, major por- tions of its Clear Fork and New River stems, and portions of their various tributaries for the ben- efit and enjoyment of present and future genera- tions, the preservation of the natural integrity of the scenic gorges and valleys, and the devel- opment of the area’s potential for healthful out- door recreation. The boundaries shall be as gen- erally depicted on the drawing prepared by the Corps of Engineers and entitled ‘‘Big South Fork National River and Recreation Area’’ iden- tified as map number BSF–NRRA(1)(A) and dated October 1972, which shall be on file and available for public inspection in the office of the District Engineer, U.S. Army Engineer Dis- trict, Nashville, Tennessee. The Secretary may acquire sites at locations outside such bound- aries, as he determines necessary, for adminis- trative and visitor orientation facilities. The Secretary may also acquire a site outside such boundaries at or near the location of the his- toric Tabard Inn in Ruby,1 Tennessee, including such lands as he deems necessary, for the estab- lishment of a lodge with recreational facilities as provided in subsection (e)(3). (b) Transfer of responsibility for planning, acqui- sition, and development, and administrative jurisdiction to Secretary of the Interior; boundary revisions; acreage limitation Effective upon November 15, 1990, responsi- bility for all planning, acquisition, and develop- ment, as well as administrative jurisdiction over all Federal lands, water, interests therein, and improvements thereon, within the National Area is hereby transferred to the Secretary of the Interior. The Secretary may complete all ac- quisition and development activities in progress on November 15, 1990, and the Secretary and the Secretary of the Interior may, by mutual agree- ment, provide for an orderly and phased assump- tion of responsibilities (including but not lim- ited to land acquisition and the construction of necessary access roads, day-use facilities, camp- ground facilities, lodges, and administrative buildings) and available funds by the Secretary of the Interior in furtherance of the purposes of this section. The Secretary of the Interior shall administer the National Area in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4),2 as amended and supplemented. The authorities set forth in this section which were available to the Secretary immediately prior to November 15, 1990, shall after November 15, 1990, be available to the Sec- retary of the Interior. In the administration of the National Area the Secretary may utilize such statutory authority available to him for the conservation and management of wildlife and natural resources as he deems appropriate to carry out the purposes of this section. The Secretary of the Interior may, after transfer to him, revise the boundaries from time to time, but the total acreage within such boundaries shall not exceed one hundred and twenty-five thousand acres. Following such transfer the au- thorities available to the Secretary in sub- section (c) of this section shall likewise be avail- able to the Secretary of the Interior. (c) Acquisition of property; tracts; exchange and disposal of property; transfer from Federal agency to administrative jurisdiction of Sec- retary; residential property, right of use and occupancy; fair market value; transfer or as- signment; lifetime residence of tenant or spouse; accrual of obligation or rental to United States; ‘‘improved property’’ defined; mineral rights (1) Within the boundaries of the National Area, the Secretary may acquire lands and wa- ters or interests therein by donation, purchase with donated or appropriated funds, or exchange or otherwise, except that lands (other than roads and rights-of-way for roads) owned by the States of Kentucky and Tennessee or any polit- ical subdivisions thereof which were in public ownership on October 22, 1976, may be acquired only by donation. When an individual tract of land is only partly within the boundaries of the National Area, the Secretary may acquire all of the 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 Na- tional Area may be exchanged by the Secretary for non-Federal lands within the National Area boundaries, and any portion of the land not uti- lized for such exchanges may be disposed of in accordance with the provisions of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of sub- title I of title 41. Notwithstanding any other provision of law, any Federal property within the boundaries of the National Area shall be transferred without consideration to the admin- istrative jurisdiction of the Secretary for the purposes of this section. (2) With the exception of property or any in- terest in property that the Secretary determines is necessary for purposes of administration, preservation, or public use, any owner or owners (hereafter in this section referred to as ‘‘owner’’) of improved property used solely for non- commercial residential purposes on the date of its acquisition by the Secretary may retain the right of use and occupancy of such property for such purposes for a term, as the owner may elect, ending either (A) upon the death of the owner or his spouse, whichever occurs later, or (B) not more than twenty-five years from the date of acquisition. 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 term retained by the owner. Such right: shall be subject to such terms and conditions as the Secretary deems appropriate to assure that the property is used in accordance with the purposes of this sec- tion; may be transferred or assigned; and may be Page 714 TITLE 16—CONSERVATION § 460ee 3 So in original. Probably should be ‘‘Devil’s Jump’’. terminated with respect to the entire property by the Secretary upon his determination that the property or any portion thereof has ceased to be used for noncommercial residential pur- poses, and upon tender to the holder of the 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. Any person residing upon improved property, subject to the right of acquisition by the Secretary as a tenant or by the sufferance of the owner or owners of the property may be al- lowed to continue in such residence for the life- time of such person or his spouse, whichever oc- curs later, subject to the same restrictions as applicable to owners residing upon such prop- erty and provided that any obligation or rental incurred as consideration for such tenancy shall accrue during such term to the United States to be used in the administration of this section. (3) As used in this section the term ‘‘improved property’’ means a detached year-round one- family dwelling which serves as the owner’s per- manent place of abode at the time of acquisi- tion, and construction of which was begun be- fore January 1, 1974, together with so much of the land on which the dwelling is situated, such land being in the same ownership as the dwell- ing, as the Secretary shall designate to be rea- sonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, except that the Secretary may exclude from any improved property any waters or land fronting thereon, together with so much of the land adjoining such waters or land as he deems necessary for public access thereto. (4) In any case where the Secretary determines that underlying minerals are removable con- sistent with the provisions of subsection (e)(3) of this section, the owner of the minerals under- lying property acquired for the purposes of this section may retain such interest. The Secretary shall reserve the right to inspect and regulate the extraction of such minerals to insure that the values enumerated in subsection (a) are not reduced and that the purposes declared in sub- section (e)(1) are not interfered with. (d) Hunting, fishing, and trapping; rules and reg- ulations after consultations with State agen- cies The Secretary, and the Secretary of the Inte- rior after jurisdiction over the National Area has been transferred to him under subsection (b) of this section, shall permit hunting, fishing, and trapping on lands and waters under his ju- risdiction within the boundaries of the National Area in accordance with applicable Federal and State laws, except that he may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for rea- sons of public safety, administration, fish or wildlife management, or public use and enjoy- ment. Except in emergencies, any rules and reg- ulations of the Secretary or the Secretary of the Interior pursuant to this subsection shall be put into effect only after consultation with the ap- propriate State agency responsible for hunting, fishing, and trapping activities. (e) Gorge areas division: restrictions, limited mo- torboat access, operation and maintenance of rail line, access routes, maintenance of roads for nonvehicular traffic, ingress and egress of residents, protection of values; adjacent areas division: restrictions, boundaries; Rugby area; Federal consultations with in- volved agencies respecting development and management of adjacent National Area; Blue Heron Mine community, restoration; rail and alternative transportation study; report to Congress (1) The National Area shall be established and managed for the purposes of preserving and in- terpreting the scenic, biological, archeological, and historical resources of the river gorge areas and developing the natural recreational poten- tial of the area for the enjoyment of the public and for the benefit of the economy of the region. The area within the boundary of the National Area shall be divided into two categories; name- ly, the gorge areas and adjacent areas as herein- after defined. (2)(A) Within the gorge area, no extraction of, or prospecting for minerals, petroleum products, or gas shall be permitted. No timber shall be cut within the gorge area except for limited clearing necessary for establishment of day-use facilities, historical sites, primitive campgrounds, and ac- cess roads. No structures shall be constructed within the gorge area except for structures asso- ciated with the improvement of historical sites specified in paragraphs (5), (6), and (8), except for day-use facilities and primitive campgrounds along the primary and secondary access routes specified herein and within 500 feet of such roads, and except for primitive campgrounds ac- cessible only by water or on foot. No motorized transportation shall be allowed in the gorge area except on designated access routes, existing routes for administration of the National Area, existing routes for access to cemeteries; except that motorboat access into the gorge area shall be permitted up to a point one-tenth of a mile downstream from Devils’ Jumps 3 and except for the continued operation and maintenance of the rail line currently operated and known as the K & T Railroad. The Secretary of the Interior shall impose limitations on the use of existing routes for access to cemeteries. The Secretary shall acquire such interest in the K & T Rail- road right-of-way by easement as he deems nec- essary to protect the scenic, esthetic, and rec- reational values of the gorge area and the adja- cent areas. (B) Primary access routes into the gorge area may be constructed or improved upon the gen- eral route of the following designated roads: Tennessee Highway Numbered 52, FAS 2451 (Leatherwood Ford Road), the road into the Blue Heron Community, and Kentucky Highway Numbered 92. (C) Secondary access roads in the gorge area may be constructed or improved upon the fol- lowing routes: the roads from Smith Town, Ken- tucky, to Worley, Kentucky, the road crossing the Clear Fork at Burnt Mill Bridge, the road from Goad, Tennessee, to Zenith, Tennessee, the road from Co-Operative, Kentucky, to Kentucky Page 715 TITLE 16—CONSERVATION § 460ee Highway Numbered 92, the road entering the gorge across from the mouth of Alum Creek in Kentucky, the road crossing the Clear Fork at Peters Bridge, the road entering the gorge across from the mouth of Station Camp Creek. (D) All other existing roads in the gorge area shall be maintained for nonmotorized traffic only, except that nothing in this section shall abrogate the right of ingress and egress of those who remain in occupancy under subsection (c)(1) of this section. (E) Road improvement or maintenance and any construction of roads or facilities in the gorge area as permitted by this section shall be accomplished by the Secretary in a manner that will protect the declared values of this unique natural scenic resource. (3) In adjacent areas: the removal of timber shall be permitted only where required for the development or maintenance of public use and for administrative sites and shall be accom- plished with careful regard for scenic and envi- ronmental values; prospecting for minerals and the extraction of minerals from the adjacent areas shall be permitted only where the adit to any such mine can be located outside the bound- ary of the National Area; no surface mining or strip mining shall be permitted; prospecting and drilling for petroleum products and natural gas shall be permitted in the adjacent area under such regulations as the Secretary or the Sec- retary of the Interior, after jurisdiction over the national river and recreation area has been transferred to him under subsection (b) of this section, may prescribe to minimize detrimental environment impact, such regulations shall pro- vide among other things for an area limitation for each such operation, zones where operations will not be permitted, and safeguards to prevent air and water pollution; no storage facilities for petroleum products or natural gas shall be lo- cated within the boundary of the National Area except as necessary and incidental to produc- tion; the Secretary is authorized to construct two lodges with recreational facilities within the adjacent areas so as to maximize and en- hance public use and enjoyment of the National Area; construction of all roads and facilities in the adjacent areas shall be undertaken with careful regard for the maintenance of the scenic and esthetic values of the gorge area and the ad- jacent areas. (4) The gorge area as set out in paragraphs (1) and (2) of this subsection shall consist of all lands and waters of the Big South Fork, Clear Fork, and New River which lie between the gorge or valley rim on either side (where the rim is not clearly defined by topography, the gorge boundary shall be established at an elevation no lower than that of the nearest clearly demarked rim on the same side of the valley), and those portions of the main tributaries and streams in the watersheds of the Big South Fork, Clear Fork, and New River that lie within a gorge or valley rim on either side, except that no lands or waters north of Kentucky Highway Numbered 92 shall be included. The designated adjacent areas shall consist of the balance of the Na- tional Area. (5) The Secretary, and the Secretary of the In- terior, shall consult and cooperate with the Ten- nessee Historical Commission and the Rugby Restoration Association and with other involved agencies and associations, both public and pri- vate concerning the development and manage- ment of the National Area in the area adjacent to Rugby, Tennessee. Development within the area adjacent to Rugby, Tennessee, shall be de- signed toward preserving and enhancing the his- torical integrity of the community and any his- torical sites within the boundary of the National Area. (6) The Secretary, or the Secretary of the Inte- rior, after jurisdiction over the National Area has been transferred to him under subsection (b) of this section, shall provide for the restoration of the Blue Heron Mine community in a manner which will preserve and enhance the historical integrity of the community and will contribute to the public’s understanding and enjoyment of its historical value. To that end the Secretary, or the Secretary of the Interior, after jurisdic- tion over the National Area has been transferred to him under subsection (b) of this section, may construct and improve structures within and may construct and improve a road into this community. (7) The Secretary shall study the desirability and feasibility of reestablishing rail transpor- tation on the abandoned O&W railbed or an al- ternative mode of transportation within the Na- tional Area upon the O&W roadbed, and shall re- port to Congress his recommendation with re- gard to development of this facility. (8) IMPROVEMENT OF CHARIT CREEK LODGE AND HISTORIC STRUCTURES.—The Secretary of the In- terior may make improvements to the Charit Creek Lodge and associated facilities and to his- toric structures determined to be eligible for listing in the National Register of Historic Places. Such improvements shall be made in a manner consistent with the historic scene and the limited ability of the National Area to ac- commodate additional use and development. Im- provements to the Charit Creek Lodge and asso- ciated facilities shall be made within the ap- proximately 30 acres of cleared land existing on November 15, 1990, and within carrying capacity limitations determined by the National Park Service. (f) Federal power and water resources projects; license and other restrictions; limitations in- applicable to external areas The Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, trans- mission line, or other project works under the Federal Power Act (41 Stat. 1063) as amended (16 U.S.C. 791a et seq.), within or directly affecting the National 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 the National Area was established. Nothing con- tained in the preceding sentence shall preclude licensing of, or assistance to, developments below or above the National Area or on any stream tributary thereto which will not invade the National Area or unreasonably diminish the scenic, recreation, and fish and wildlife values Page 716 TITLE 16—CONSERVATION § 460ee 4 So in original. Probably should be ‘‘section,’’. present in the area on March 7, 1974. No depart- ment or agency of the United States shall rec- ommend authorization of any water resources project that would have a direct and adverse ef- fect on the values for which the National Area was established, or request appropriations to begin construction of any such project, whether heretofore or hereafter authorized, without ad- vising the Secretary or the Secretary of the In- terior, after jurisdiction over the National Area has been transferred to him under subsection (b) of this section, in writing of its intention so to do at least sixty days in advance, and without specifically reporting to the Congress in writing at the time it makes its recommendations or re- quest in what respect construction of such project would be in conflict with the purposes of this section and would affect the National Area and the values to be protected under this sec- tion. (g) Transportation facilities; study and establish- ment The Secretary shall study transportation fa- cilities in the region served by the National Area and shall establish transportation facili- ties to enhance public access to the National Area. In this connection the Secretary is au- thorized to acquire and maintain public roads, other than State highways, necessary to serve the public use facilities within the National Area, and to establish and maintain, at Federal cost an interior and circulating road system suf- ficient to meet the purposes of this section. Any existing public road, which at the time of its ac- quisition continues to be a necessary and essen- tial part of the county highway system, may, upon mutual agreement between the Secretary and the owner of such road, be relocated outside of the National Area and if not so relocated such road shall be maintained at Federal expense and kept open at all times for general travel pur- poses. Nothing in this subsection shall abrogate the right of egress and ingress of those persons who may remain in occupancy under subsection (c) of this section. Nothing in this subsection shall preclude the adjustment, relocation, recon- struction, or abandonment of State highways situated in the National Area, with the concur- rence of the agency having the custody of such highways upon entering into such arrangements as the Secretary or the Secretary of the Inte- rior, after jurisdiction over the National Area has been transferred to him under subsection (b) of this section, deems appropriate and in the best interest of the general welfare. (h) New River plan and programs; transmittal to Congress In furtherance of the purpose of this sub- section the Secretary in cooperation with the Secretary of Agriculture, the heads of other Federal departments and agencies involved, and the State of Tennessee and its political subdivi- sions, shall formulate a comprehensive plan for that portion of the New River that lies upstream from United States Highway Numbered 27. Such plan shall include, among other things, pro- grams to enhance the environment and conserve and develop natural resources, and to minimize siltation and acid mine drainage. Such plan, with recommendations, including those as to costs and administrative responsibilities, shall be completed and transmitted to the Congress within one year from March 7, 1974. (i) Water quality protection; interagency co- operation The Secretary or the Secretary of the Interior, after jurisdiction over the National Area has been transferred to him under subsection (b) of this subsection,4 shall consult and cooperate with other departments and agencies of the United States and the States of Tennessee and Kentucky in the development of measures and programs to protect and enhance water quality within the National Area and to insure that such programs for the protection and enhance- ment of water quality do not diminish other val- ues that are to be protected under this section. (j) Real and personal property tax losses; reim- bursement; authorization of appropriations (1) Until such time as the transfer of jurisdic- tion to the Secretary of the Interior authorized by subsection (b) of this section shall take place, for the purpose of financially assisting the States of Tennessee and Kentucky, McCreary County, Kentucky, and Scott, Morgan, Pickett, and Fentress Counties in Tennessee, because of losses which these jurisdictions will sustain by reason of the fact that certain lands and other property within their boundaries may be in- cluded within the National Area established by this section and thereafter will no longer be sub- ject to real and personal property taxes levied or imposed by them, payments shall be made to them on an annual basis in an amount equal to those taxes levied or imposed on such property for the last taxable year immediately preceding March 7, 1974. (2) For the purpose of enabling the Secretary to make such payments during the fiscal years ending June 30, 1975, June 30, 1976, June 30, 1977, June 30, 1978, and June 30, 1979, there are author- ized to be appropriated such sums as may be necessary. (k) Authorization of appropriations; prohibition of appropriation from Land and Water Con- servation Fund There are authorized to be appropriated $156,122,000 to carry out the provisions of this section, other than subsection (j) of this section. Costs for the National Area shall be provided in the same manner as costs for national recre- ation areas administered by the Secretary of the Interior through the National Park Service. (Pub. L. 93–251, title I, § 108, Mar. 7, 1974, 88 Stat. 43; Pub. L. 94–587, § 184, Oct. 22, 1976, 90 Stat. 2940; Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L. 99–662, title XI, § 1110, Nov. 17, 1986, 100 Stat. 4231; Pub. L. 101–561, § 1, Nov. 15, 1990, 104 Stat. 2778.) Editorial Notes REFERENCES IN TEXT Section 218 of the Flood Control Act of 1968, referred to in subsec. (a), is section 218 of Pub. L. 90–483, Aug. 13, 1968, 82 Stat. 749, which was not classified to the Code. Page 717 TITLE 16—CONSERVATION § 460ee The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), referred to in subsec. (b), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. The Federal Power Act, referred to in subsec. (f), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classi- fied generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables. CODIFICATION In subsec. (c)(1), ‘‘public ownership on October 22, 1976,’’ substituted for ‘‘public ownership at the time of enactment of this section’’ for purposes of codification, Oct. 22, 1976, being date of approval of Pub. L. 94–587. In subsec. (c)(1), ‘‘chapters 1 to 11 of title 40 and divi- sion C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949 (63 Stat. 377; 40 U.S.C. 471 et seq.), as amended’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1990—Subsec. (b). Pub. L. 101–561, § 1(a), struck out par. (1) designation, substituted ‘‘Effective upon No- vember 15, 1990, responsibility for all planning, acquisi- tion, and development, as well as administrative juris- diction over all Federal lands, water, interests therein, and improvements thereon, within the National Area is hereby transferred to the Secretary of the Interior. The Secretary may complete all acquisition and develop- ment activities in progress on November 15, 1990, and the Secretary and the Secretary of the Interior may, by mutual agreement, provide for an orderly and phased assumption of responsibilities (including but not lim- ited to land acquisition and the construction of nec- essary access roads, day-use facilities, campground fa- cilities, lodges, and administrative buildings) and available funds by the Secretary of the Interior in fur- therance of the purposes of this section. The Secretary of the Interior shall administer the National Area in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), as amended and sup- plemented. The authorities set forth in this section which were available to the Secretary immediately prior to November 15, 1990, shall after November 15, 1990, be available to the Secretary of the Interior.’’ for ‘‘The Secretary shall establish the National Area by publication of notice thereof in the Federal Register when he determines that the United States has ac- quired an acreage within the boundaries of the Na- tional Area that is efficiently administrable for the purposes of this section. After publication of notice, and after he has completed the construction of nec- essary access roads, day-use facilities, campground fa- cilities, lodges, and administrative buildings, the Sec- retary shall transfer the jurisdiction of the National Area to the Secretary of the Interior who shall admin- ister the National Area in accordance with the provi- sions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), as amended and supplemented.’’, struck out at end of par. (1) ‘‘The Secretary may, prior to the trans- fer to the Secretary of the Interior, revise the bound- aries from time to time, but the total acreage within such boundaries shall not exceed one hundred and twenty-five thousand acres.’’, and struck out par. (2) which read as follows: ‘‘The Secretary may by agree- ment with the Secretary of the Interior provide for in- terim management by the Department of the Interior, in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535) (16 U.S.C. 1, 2–4) as amended and supplemented, of any portion or portions of the project which constitute a logically and efficiently admin- istrable area. The Secretary is authorized to transfer funds to the Department of the Interior for the costs of such interim management out of funds appropriated for the project.’’ Subsec. (e)(2)(A). Pub. L. 101–561, § 1(b), substituted ‘‘No structures shall be constructed within the gorge area except for structures associated with the improve- ment of historical sites specified in paragraphs (5), (6), and (8), except for day-use facilities and primitive campgrounds along the primary and secondary access routes specified herein and within 500 feet of such roads, and except for primitive campgrounds accessible only by water or on foot. No motorized transportation shall be allowed in the gorge area except on designated access routes, existing routes for administration of the National Area, existing routes for access to cemeteries; except that motorboat access into the gorge area shall be permitted up to a point one-tenth of a mile down- stream from Devils’ Jumps and except for the contin- ued operation and maintenance of the rail line cur- rently operated and known as the K & T Railroad. The Secretary of the Interior shall impose limitations on the use of existing routes for access to cemeteries.’’ for ‘‘No structures shall be constructed within the gorge except for reconstruction and improvement of the his- torical sites specified in paragraphs (5) and (6) of this subsection and except for necessary day-use facilities along the primary and secondary access routes speci- fied herein and within five hundred feet of such roads, and except for primitive campgrounds accessible only by water or on foot. No motorized transportation shall be allowed in the gorge area except on designated ac- cess routes and except that motorboat access into the gorge area shall be permitted up to a point one-tenth of a mile downstream from Devil’s Jumps; and except for the continued operation and maintenance of the rail line currently operated and known as the K & T Rail- road.’’ Subsec. (e)(2)(D). Pub. L. 101–561, § 1(c), substituted ‘‘nonmotorized’’ for ‘‘nonvehicular’’. Subsec. (e)(8). Pub. L. 101–561, § 1(d), added par. (8). Subsec. (k). Pub. L. 101–561, § 1(e), substituted ‘‘Costs for the National Area shall be provided in the same manner as costs for national recreation areas adminis- tered by the Secretary of the Interior through the Na- tional Park Service’’ for ‘‘No moneys shall be appro- priated from the Land and Water Conservation Fund to carry out the purposes of this section’’. 1986—Subsec. (k). Pub. L. 99–662 substituted ‘‘$156,122,000’’ for ‘‘$103,522,000’’. 1976—Subsec. (a). Pub. L. 94–587, § 184(a), provided for acquisition of outside sites for administrative, visitor orientation, and recreation facilities. Subsec. (b). Pub. L. 94–587, § 184(b), designated exist- ing provisions as par. (1) and added par. (2). Subsec. (c)(1). Pub. L. 94–587, § 184(c), inserted ‘‘which were in public ownership on October 22, 1976,’’ after ‘‘political subdivisions thereof’’. Subsec. (e)(2)(A). Pub. L. 94–587, § 184(d), provided for motorboat access into the gorge area, continued oper- ation and maintenance of the rail line, and acquisition by the Secretary of an interest in the rail line ease- ment for protection of scenic, esthetic, and rec- reational values of the gorge area and the adjacent areas. Subsec. (e)(2)(C). Pub. L. 94–587, § 184(e), authorized construction of a secondary access road upon the road entering the gorge across from the mouth of Station Camp Creek. Subsec. (k). Pub. L. 94–587, § 184(f), substituted ‘‘$103,522,000’’ for ‘‘$32,850,000’’. Page 718 TITLE 16—CONSERVATION § 460ff 1 See References in Text note below. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Federal Energy Regulatory Commission’’ sub- stituted for ‘‘Federal Power Commission’’ in subsec. (f) pursuant to Pub. L. 95–91, § 402(a)(1)(A), which is classi- fied to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare. The Federal Power Commission was terminated, and its functions with regard to licenses and permits for dams, reservoirs, or other works for development and improvement of navigation and for development and utilization of power across, along, from, or in navigable waters under part I of Federal Power Act (16 U.S.C. 792 et seq.) were transferred to the Federal Energy Regu- latory Commission by sections 7172(a)(1)(A) and 7293 of Title 42. SUBCHAPTER XC—CUYAHOGA VALLEY NATIONAL PARK § 460ff. Establishment For the purpose of preserving and protecting for public use and enjoyment, the historic, sce- nic, natural, and recreational values of the Cuy- ahoga River and the adjacent lands of the Cuya- hoga Valley and for the purpose of providing for the maintenance of needed recreational open space necessary to the urban environment, the Cuyahoga Valley National Park, hereafter re- ferred to as the ‘‘park’’, shall be established within six months after December 27, 1974. In the management of the park, the Secretary of the Interior (hereafter referred to as the ‘‘Sec- retary’’) shall utilize the park resources in a manner which will preserve its scenic, natural, and historic setting while providing for the rec- reational and educational needs of the visiting public. (Pub. L. 93–555, § 1, Dec. 27, 1974, 88 Stat. 1784; Pub. L. 106–291, title I, § 149(c), Oct. 11, 2000, 114 Stat. 956.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–291 substituted ‘‘National Park’’ for ‘‘National Recreation Area’’ and substituted ‘‘park’’ for ‘‘recreation area’’ wherever appearing. Statutory Notes and Related Subsidiaries REDESIGNATION OF CUYAHOGA VALLEY NATIONAL RECREATION AREA Pub. L. 106–291, title I, § 149(a), (b), Oct. 11, 2000, 114 Stat. 956, provided that: ‘‘(a) REDESIGNATION.—The Cuyahoga Valley National Recreation Area is redesignated as Cuyahoga Valley National Park. ‘‘(b) REFERENCES.—Any reference in a law, map, regu- lation, document, paper, or other record of the United States to the Cuyahoga Valley National Recreation Area is deemed to be a reference to Cuyahoga Valley National Park.’’ § 460ff–1. Acquisition of land (a) Composition and boundaries; boundary revi- sions; certain specific property The park shall comprise the lands and waters generally depicted on the map entitled ‘‘Bound- ary Map, Cuyahoga Valley National Park, Ohio’’, numbered 644–80,054 and dated July 1986, which shall be on file and available for inspec- tion in the offices of the National Park Service, Department of the Interior, Washington, Dis- trict of Columbia, and in the main public library of Akron, Ohio, and Cleveland, Ohio. After ad- vising the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representa- tives, in writing, the Secretary may make minor revisions of the boundaries of the park when necessary by publication of a revised drawing or other boundary description in the Federal Reg- ister: Provided, That with respect to the prop- erty known as the Hydraulic Brick Company lo- cated in Independence, Ohio, the Secretary shall have the first right of refusal to purchase such property for a purchase price not exceeding the fair market value of such property on the date it is offered for sale. When acquired such prop- erty shall be administered as part of the park, subject to the laws and regulations applicable thereto. The park shall also comprise any lands designated as ‘‘City of Akron Lands’’ on the map referred to in the first sentence which are of- fered as donations to the Department of the In- terior or which become privately owned. The Secretary shall revise such map to depict such lands as part of the park. (b) Manner of acquisition; scenic easements; do- nation of State lands; private lands essential to area; transfer of Federal property to Sec- retary Within the boundaries of the park, the Sec- retary, after consultation with the Governor of the State of Ohio and the Advisory Commission established in section 460ff–4 1 of this title, may acquire lands, improvements, waters, or inter- ests therein by donation, purchase with donated or appropriated funds, exchange, or transfer. The Secretary may not acquire fee title to any lands included within the park in 1986 which are designated on the map referred to in subsection (a) as ‘‘Scenic Easement Acquisition Areas’’. The Secretary may acquire only scenic ease- ments in such designated lands. Unless con- sented to by the owner from which the easement is acquired, any such scenic easement may not prohibit any activity, the subdivision of any land, or the construction of any building or other facility if such activity, subdivision, or construction would have been permitted under laws and ordinances of the unit of local govern- ment in which such land was located on April 1, 1986, as such laws and ordinances were in effect on such date. Any lands or interests owned therein, as well as any lands hereafter acquired, by the State of Ohio or any political subdivision thereof (including any park district or other public entity) within the boundaries of the park may be acquired only by donation or exchange for equal value. In determining the exchange value of lands of the State or any political sub- division thereof under this subsection, the Sec- retary shall not include in the value of those lands amounts paid from the land and water conservation fund, if any, for the original acqui- sition of those lands by the State or political subdivision. The Secretary shall not acquire pri- vately owned lands which are held and used for