§ 460ffff–1. Alabama Hills National Scenic Area, California

• (a) Subject to valid existing rights, there is established in Inyo County, California, the Alabama Hills National Scenic Area, to be comprised of the approximately 18,610 acres generally depicted on the Map as “National Scenic Area”.
• (b) The purpose of the Scenic Area is to conserve, protect, and enhance for the benefit, use, and enjoyment of present and future generations the nationally significant scenic, cultural, geological, educational, biological, historical, recreational, cinematographic, and scientific resources of the Scenic Area managed consistent with section 302(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1732(a) ).
• (c)
  • (1) As soon as practicable after March 12, 2019 , the Secretary shall file a map and a legal description of the Scenic Area with—
    • (A) the Committee on Energy and Natural Resources of the Senate; and
    • (B) the Committee on Natural Resources of the House of Representatives.
  • (2) The map and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this subchapter, except that the Secretary may correct any clerical and typographical errors in the map and legal descriptions.
  • (3) Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management.
• (d) The Secretary shall manage the Scenic Area—
  • (1) as a component of the National Landscape Conservation System;
  • (2) so as not to impact the future continuing operation and maintenance of any activities associated with valid, existing rights, including water rights;
  • (3) in a manner that conserves, protects, and enhances the resources and values of the Scenic Area described in subsection (b); and
  • (4) in accordance with—
    • (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.);
    • (B) this subchapter; and
    • (C) any other applicable laws.
• (e)
  • (1) The Secretary shall allow only such uses of the Scenic Area as the Secretary determines would further the purposes of the Scenic Area as described in subsection (b).
  • (2) Except as otherwise provided in this subchapter or other applicable law, or as the Secretary determines to be necessary for public health and safety, the Secretary shall allow existing recreational uses of the Scenic Area to continue, including hiking, mountain biking, rock climbing, sightseeing, horseback riding, hunting, fishing, and appropriate authorized motorized vehicle use in accordance with paragraph (3).
  • (3) Except as otherwise specified in this subchapter, or as necessary for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Scenic Area shall be permitted only on—
    • (A) roads and trails designated by the Secretary for use of motorized vehicles as part of a management plan sustaining a semiprimitive motorized experience; or
    • (B) county-maintained roads in accordance with applicable State and county laws.
• (f)
  • (1) Nothing in this subchapter creates a protective perimeter or buffer zone around the Scenic Area.
  • (2) The fact that an activity or use on land outside the Scenic Area can be seen or heard within the Scenic Area shall not preclude the activity or use outside the boundaries of the Scenic Area.
• (g) The Secretary shall provide private landowners adequate access to inholdings in the Scenic Area.
• (h) Nothing in this subchapter prohibits filming (including commercial film production, student filming, and still photography) within the Scenic Area—
  • (1) subject to—
    • (A) such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and
    • (B) applicable law; and
  • (2) in a manner consistent with the purposes described in subsection (b).
• (i) Nothing in this subchapter affects the jurisdiction or responsibilities of the State with respect to fish and wildlife.
• (j) The grazing of livestock in the Scenic Area, including grazing under the Alabama Hills allotment and the George Creek allotment, as established before March 12, 2019 , shall be permitted to continue—
  • (1) subject to—
    • (A) such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and
    • (B) applicable law; and
  • (2) in a manner consistent with the purposes described in subsection (b).
• (k) Subject to the provisions of this subchapter and valid rights in existence on March 12, 2019 , including rights established by prior withdrawals, the Federal land within the Scenic Area is withdrawn from all forms of—
  • (1) entry, appropriation, or disposal under the public land laws;
  • (2) location, entry, and patent under the mining laws; and
  • (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
• (l) Nothing in this subchapter prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the Scenic Area, consistent with the purposes described in subsection (b).
• (m) The Secretary may enter into cooperative agreements with, State, Tribal, and local governmental entities and private entities to conduct research, interpretation, or public education or to carry out any other initiative relating to the restoration, conservation, or management of the Scenic Area.
• (n)
  • (1) Nothing in this subchapter—
    • (A) affects the existence, use, operation, maintenance (including vegetation control), repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation, improvement, funding, removal, or replacement of any utility facility or appurtenant right-of-way within or adjacent to the Scenic Area;
    • (B) subject to subsection (e), affects necessary or efficient access to utility facilities or rights-of-way within or adjacent to the Scenic Area; and
    • (C) precludes the Secretary from authorizing the establishment of new utility facility rights-of-way (including instream sites, routes, and areas) within the Scenic Area in a manner that minimizes harm to the purpose of the Scenic Area as described in subsection (b)—
      • (i) in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) and any other applicable law;
      • (ii) subject to such terms and conditions as the Secretary determines to be appropriate; and
      • (iii) that are determined by the Secretary to be the only technical or feasible location, following consideration of alternatives within existing rights-of-way or outside of the Scenic Area.
  • (2) Consistent with this subchapter, the Management Plan shall establish provisions for maintenance of public utility and other rights-of-way within the Scenic Area.

§ 410y–1a. Boundary revision

The boundaries of the park are revised to include approximately 600 additional acres.

§ 470aaa–1. Management

• (a) The Secretary shall manage and protect paleontological resources on Federal land using scientific principles and expertise. The Secretary shall develop appropriate plans for inventory, monitoring, and the scientific and educational use of paleontological resources, in accordance with applicable agency laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public.
• (b) To the extent possible, the Secretary of the Interior and the Secretary of Agriculture shall coordinate in the implementation of this chapter.

§ 460ffff–2. Management plan

• (a) Not later than 3 years after March 12, 2019 , in accordance with subsections (b) and (c), the Secretary shall develop a comprehensive plan for the long-term management of the Scenic Area.
• (b) In developing the management plan, the Secretary shall consult with—
  • (1) appropriate State, Tribal, and local governmental entities, including Inyo County and the Tribe;
  • (2) utilities, including Southern California Edison Company and the Los Angeles Department of Water and Power;
  • (3) the Alabama Hills Stewardship Group; and
  • (4) members of the public.
• (c) In accordance with this subchapter, the management plan shall include provisions for maintenance of existing public utility and other rights-of-way within the Scenic Area.
• (d) In developing the management plan, in accordance with this section, the Secretary may allow casual use mining limited to the use of hand tools, metal detectors, hand-fed dry washers, vacuum cleaners, gold pans, small sluices, and similar items.
• (e) Pending completion of the management plan, the Secretary shall manage the Scenic Area in accordance with section 460ffff–1(b) of this title .

§ 470aaa–2. Public awareness and education program

The Secretary shall establish a program to increase public awareness about the significance of paleontological resources.

§ 460ffff–3. Land taken into trust for Lone Pine Paiute-Shoshone Reservation

• (a)
  • (1) On completion of the survey described in subsection (b), all right, title, and interest of the United States in and to the approximately 132 acres of Federal land depicted on the Map as “Lone Pine Paiute-Shoshone Reservation Addition” shall be held in trust for the benefit of the Tribe, subject to paragraphs (2) and (3).
  • (2) The land described in paragraph (1) shall be subject to all easements, covenants, conditions, restrictions, withdrawals, and other matters of record in existence on March 12, 2019 .
  • (3) The Federal land over which the right-of-way for the Los Angeles Aqueduct is located, generally described as the 250-foot-wide right-of-way granted to the City of Los Angeles pursuant to the Act of June 30, 1906 ( 34 Stat. 801 , chapter 3926), shall not be taken into trust for the Tribe.
• (b) Not later than 180 days after March 12, 2019 , the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land to be held in trust under subsection (a)(1).
• (c) The land held in trust pursuant to subsection (a)(1) shall be considered to be a part of the reservation of the Tribe.
• (d) Land held in trust under subsection (a)(1) shall not be eligible, or considered to have been taken into trust, for gaming (within the meaning of the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq.)).

§ 460d–3a. Contracts to provide visitor reservation services

The Secretary of the Army may, under such terms and conditions as the Secretary deems appropriate, contract with any public or private entity to provide visitor reservation services. Any such contract in effect on or after October 1, 2004 , may provide that the contractor shall be permitted to deduct a commission to be fixed by the Secretary from the amount charged the public for providing such services and to remit the net proceeds therefrom to the contracting agency.

§ 470aaa–3. Collection of paleontological resources

• (a)
  • (1) Except as provided in this chapter, a paleontological resource may not be collected from Federal land without a permit issued under this chapter by the Secretary.
  • (2) The Secretary shall allow casual collecting without a permit on Federal land controlled or administered by the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service, where such collection is consistent with the laws governing the management of those Federal land 1 1 So in original. Probably should be “lands”. and this chapter.
  • (3) Nothing in this section shall affect a valid permit issued prior to March 30, 2009 .
• (b) The Secretary may issue a permit for the collection of a paleontological resource pursuant to an application if the Secretary determines that—
  • (1) the applicant is qualified to carry out the permitted activity;
  • (2) the permitted activity is undertaken for the purpose of furthering paleontological knowledge or for public education;
  • (3) the permitted activity is consistent with any management plan applicable to the Federal land concerned; and
  • (4) the proposed methods of collecting will not threaten significant natural or cultural resources.
• (c) A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary deems necessary to carry out the purposes of this chapter. Every permit shall include requirements that—
  • (1) the paleontological resource that is collected from Federal land under the permit will remain the property of the United States;
  • (2) the paleontological resource and copies of associated records will be preserved for the public in an approved repository, to be made available for scientific research and public education; and
  • (3) specific locality data will not be released by the permittee or repository without the written permission of the Secretary.
• (d)
  • (1) The Secretary may modify, suspend, or revoke a permit issued under this section—
    • (A) for resource, safety, or other management considerations; or
    • (B) when there is a violation of term or condition of a permit issued pursuant to this section.
  • (2) The permit shall be revoked if any person working under the authority of the permit is convicted under section 470aaa–5 of this title or is assessed a civil penalty under section 470aaa–6 of this title .
• (e) In order to protect paleontological or other resources or to provide for public safety, the Secretary may restrict access to or close areas under the Secretary’s jurisdiction to the collection of paleontological resources.

§ 460ffff–4. Transfer of administrative jurisdiction

Administrative jurisdiction over the approximately 56 acres of Federal land depicted on the Map as “USFS Transfer to BLM” is transferred from the Forest Service to the Bureau of Land Management.

§ 470aaa–4. Curation of resources

Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited in an approved repository. The Secretary may enter into agreements with non-Federal repositories regarding the curation of these resources, data, and records.

§ 460ffff–5. Protection of services and recreational opportunities

• (a) Nothing in this subchapter limits commercial services for existing or historic recreation uses, as authorized by the permit process of the Bureau of Land Management.
• (b) Commercial permits to exercise guided recreational opportunities for the public that are authorized as of March 12, 2019 , may continue to be authorized.

§ 470aaa–5. Prohibited acts; criminal penalties

• (a) A person may not—
  • (1) excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any paleontological resources located on Federal land unless such activity is conducted in accordance with this chapter;
  • (2) exchange, transport, export, receive, or offer to exchange, transport, export, or receive any paleontological resource if the person knew or should have known such resource to have been excavated or removed from Federal land in violation of any provisions, rule, regulation, law, ordinance, or permit in effect under Federal law, including this chapter; or
  • (3) sell or purchase or offer to sell or purchase any paleontological resource if the person knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from Federal land.
• (b) A person may not make or submit any false record, account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal land.
• (c) A person who knowingly violates or counsels, procures, solicits, or employs another person to violate subsection (a) or (b) shall, upon conviction, be fined in accordance with title 18 or imprisoned not more than 5 years, or both; but if the sum of the commercial and paleontological value of the paleontological resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 18 or imprisoned not more than 2 years, or both.
• (d) In the case of a second or subsequent violation by the same person, the amount of the penalty assessed under subsection (c) may be doubled.
• (e) Nothing in subsection (a) shall apply to any person with respect to any paleontological resource which was in the lawful possession of such person prior to March 30, 2009 .

§ 460zzz–6. Advisory Council

• (a) Not later than 180 days after March 30, 2009 , the Secretary shall establish an advisory council, to be known as the “Dominguez-Escalante National Conservation Area Advisory Council”.
• (b) The Council shall advise the Secretary with respect to the preparation and implementation of the management plan.
• (c) The Council shall be subject to—
  • (1) the Federal Advisory Committee Act (5 U.S.C. App.); and
  • (2) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.).
• (d) The Council shall include 10 members to be appointed by the Secretary, of whom, to the extent practicable—
  • (1) 1 member shall be appointed after considering the recommendations of the Mesa County Commission;
  • (2) 1 member shall be appointed after considering the recommendations of the Montrose County Commission;
  • (3) 1 member shall be appointed after considering the recommendations of the Delta County Commission;
  • (4) 1 member shall be appointed after considering the recommendations of the permittees holding grazing allotments within the Conservation Area or the Wilderness; and
  • (5) 5 members shall reside in, or within reasonable proximity to, Mesa County, Delta County, or Montrose County, Colorado, with backgrounds that reflect—
    • (A) the purposes for which the Conservation Area or Wilderness was established; and
    • (B) the interests of the stakeholders that are affected by the planning and management of the Conservation Area and Wilderness.
• (e) The Secretary shall ensure that the membership of the Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Council.
• (f) The Council shall terminate on the date that is 1 year from the date on which the management plan is adopted by the Secretary.

§ 460l–6c. Admission, entrance, and recreation fees

• (a) As used in this section:
  • (1) The term “area of concentrated public use” means an area administered by the Secretary that meets each of the following criteria:
    • (A) The area is managed primarily for outdoor recreation purposes.
    • (B) Facilities and services necessary to accommodate heavy public use are provided in the area.
    • (C) The area contains at least 1 major recreation attraction.
    • (D) Public access to the area is provided in such a manner that admission fees can be efficiently collected at 1 or more centralized locations.
  • (2) The term “boat launching facility” includes any boat launching facility, regardless of whether specialized facilities or services, such as mechanical or hydraulic boat lifts or facilities, are provided.
  • (3) The term “campground” means any campground where a majority of the following amenities are provided, as determined by the Secretary:
    • (A) Tent or trailer spaces.
    • (B) Drinking water.
    • (C) An access road.
    • (D) Refuse containers.
    • (E) Toilet facilities.
    • (F) The personal collection of recreation use fees by an employee or agent of the Secretary.
    • (G) Reasonable visitor protection.
    • (H) If campfires are permitted in the campground, simple devices for containing the fires.
  • (4) The term “Secretary” means the Secretary of Agriculture.
• (b) The Secretary may charge—
  • (1) admission or entrance fees at national monuments, national volcanic monuments, national scenic areas, and areas of concentrated public use administered by the Secretary; and
  • (2) recreation use fees at lands administered by the Secretary in connection with the use of specialized outdoor recreation sites, equipment, services, and facilities, including visitors’ centers, picnic tables, boat launching facilities, and campgrounds.
• (c) The amount of the admission, entrance, and recreation fees authorized to be imposed under this section shall be determined by the Secretary.

§ 460l–6d. Commercial filming

• (a)
  • (1) The Secretary of the Interior or the Secretary of Agriculture (hereafter individually referred to as the “Secretary” with respect to land (except land in a System unit as defined in section 100102 of title 54 ) under their respective jurisdictions) shall require a permit and shall establish a reasonable fee for commercial filming activities or similar projects on Federal land administered by the Secretary. The fee shall provide a fair return to the United States and shall be based on the following criteria:
    • (A) The number of days the filming activity or similar project takes place on Federal land under the Secretary’s jurisdiction.
    • (B) The size of the film crew present on Federal land under the Secretary’s jurisdiction.
    • (C) The amount and type of equipment present.
  • (2) The Secretary may include other factors in determining an appropriate fee as the Secretary considers necessary.
• (b) The Secretary shall collect any costs incurred as a result of filming activities or similar project, including administrative and personnel costs. All costs recovered shall be in addition to the fee assessed in subsection (a).
• (c)
  • (1) Except as provided in paragraph (2), the Secretary shall not require a permit nor assess a fee for still photography on land administered by the Secretary if such photography takes place where members of the public are generally allowed. The Secretary may require a permit, fee, or both, if such photography takes place at other locations where members of the public are generally not allowed, or where additional administrative costs are likely.
  • (2) The Secretary shall require and shall establish a reasonable fee for still photography that uses models or props which are not a part of the site’s natural or cultural resources or administrative facilities.
• (d) The Secretary shall not permit any filming, still photography or other related activity if the Secretary determines that—
  • (1) there is a likelihood of resource damage;
  • (2) there would be an unreasonable disruption of the public’s use and enjoyment of the site; or
  • (3) the activity poses health or safety risks to the public.
• (e)
  • (1) All fees collected under this section shall be available for expenditure by the Secretary, without further appropriation and shall remain available until expended.
  • (2) All costs recovered under this section shall be available for expenditure by the Secretary, without further appropriation, at the site where the costs are collected and shall remain available until expended.
• (f) The Secretary shall establish a process to ensure that the Secretary responds in a timely manner to permit applicants for commercial filming, still photography, or other activity.

§ 470aaa–6. Civil penalties

• (a)
  • (1) A person who violates any prohibition contained in an applicable regulation or permit issued under this chapter may be assessed a penalty by the Secretary after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a separate offense for purposes of this section.
  • (2) The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this chapter, taking into account the following factors:
    • (A) The scientific or fair market value, whichever is greater, of the paleontological resource involved, as determined by the Secretary.
    • (B) The cost of response, restoration, and repair of the resource and the paleontological site involved.
    • (C) Any other factors considered relevant by the Secretary assessing the penalty.
  • (3) In the case of a second or subsequent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled.
  • (4) The amount of any penalty assessed under this subsection for any 1 violation shall not exceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered.
• (b)
  • (1) Any person against whom an order is issued assessing a penalty under subsection (a) may file a petition for judicial review of the order in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred within the 30-day period beginning on the date the order making the assessment was issued. Upon notice of such filing, the Secretary shall promptly file such a certified copy of the record on which the order was issued. The court shall hear the action on the record made before the Secretary and shall sustain the action if it is supported by substantial evidence on the record considered as a whole.
  • (2) If any person fails to pay a penalty under this section within 30 days—
    • (A) after the order making assessment has become final and the person has not filed a petition for judicial review of the order in accordance with paragraph (1); or
    • (B) after a court in an action brought in paragraph (1) has entered a final judgment upholding the assessment of the penalty, 1 1 So in original. Following provisions probably should be set flush with par. (2). the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which the person if 2 2 So in original. Probably should be “is”. found, resides, or transacts business, to collect the penalty (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). The district court shall have jurisdiction to hear and decide any such action. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings.
• (c) Hearings held during proceedings instituted under subsection (a) shall be conducted in accordance with section 554 of title 5 .
• (d) Penalties collected under this section shall be available to the Secretary and without further appropriation may be used only as follows:
  • (1) To protect, restore, or repair the paleontological resources and sites which were the subject of the action, and to protect, monitor, and study the resources and sites.
  • (2) To provide educational materials to the public about paleontological resources and sites.
  • (3) To provide for the payment of rewards as provided in section 470aaa–7 of this title .

§ 460zzz–7. Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subchapter.

§ 470aaa–7. Rewards and forfeiture

• (a) The Secretary may pay from penalties collected under section 470aaa–5 or 470aaa–6 of this title or from appropriated funds—
  • (1) consistent with amounts established in regulations by the Secretary; or
  • (2) if no such regulation exists, an amount up to ½ of the penalties, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. If several persons provided the information, the amount shall be divided among the persons. No officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall be eligible for payment under this subsection.
• (b) All paleontological resources with respect to which a violation under section 470aaa–5 or 470aaa–6 of this title occurred and which are in the possession of any person, shall be subject to civil forfeiture, or upon conviction, to criminal forfeiture.
• (c) The Secretary may transfer administration of seized paleontological resources to Federal or non-Federal educational institutions to be used for scientific or educational purposes.

§ 460rrr–8. Termination of Commission

The Commission shall terminate on the date that is 10 years after October 12, 2006 .

§ 470aaa–8. Confidentiality

Information concerning the nature and specific location of a paleontological resource shall be exempt from disclosure under section 552 of title 5 and any other law unless the Secretary determines that disclosure would—

• (1) further the purposes of this chapter;
• (2) not create risk of harm to or theft or destruction of the resource or the site containing the resource; and
• (3) be in accordance with other applicable laws.

§ 460ccc–9. No buffer zones

The Congress does not intend for the establishment of the conservation area to lead to the creation of protective perimeters or buffer zones around the conservation area. The fact that there may be activities or uses on lands outside the conservation area that would not be permitted in the conservation area shall not preclude such activities or uses on such lands up to the boundary of the conservation area to the extent consistent with other applicable law.

§ 470aaa–9. Regulations

As soon as practical after March 30, 2009 , the Secretary shall issue such regulations as are appropriate to carry out this chapter, providing opportunities for public notice and comment.

§ 460ccc–10. Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subchapter.

§ 470aaa–10. Savings provisions

Nothing in this chapter shall be construed to—

• (1) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws including but not limited to the Federal Land Policy Management Act ( 43 U.S.C. 1701–178 4), 1 1 See References in Text note below. subchapter 3 2 2 So in original. Probably should be “subchapter III”. of chapter 1007 of title 54, the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201–135 8) [ 30 U.S.C. 1201 et seq.], and the Organic Administration Act ( 16 U.S.C. 478 , 482, 551);
• (2) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under existing laws and authorities relating to reclamation and multiple uses of Federal land;
• (3) apply to, or require a permit for, casual collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this chapter;
• (4) affect any land other than Federal land or affect the lawful recovery, collection, or sale of paleontological resources from land other than Federal land;
• (5) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal land in addition to the protection provided under this chapter; or
• (6) create any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in that capacity. No person who is not an officer or employee of the United States acting in that capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this chapter.

§ 460nnn–11. Designation of Steens Mountain Cooperative Management and Protection Area

• (a) The Secretary shall designate the Steens Mountain Cooperative Management and Protection Area consisting of approximately 425,550 acres of Federal land located in Harney County, Oregon, in the vicinity of Steens Mountain, as generally depicted on the map entitled “Steens Mountain Boundary Map” and dated September 18, 2000 .
• (b) In addition to the general boundaries of the Cooperative Management and Protection Area, the map referred to in subsection (a) also depicts the general boundaries of the following:
  • (1) The no livestock grazing area described in section 460nnn–23(e) of this title .
  • (2) The mineral withdrawal area designated by part D.
  • (3) The wildlands juniper management area established by part E.

§ 470aaa–11. Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this chapter.

§ 460nnn–12. Purpose and objectives of Cooperative Management and Protection Area

• (a) The purpose of the Cooperative Management and Protection Area is to conserve, protect, and manage the long-term ecological integrity of Steens Mountain for future and present generations.
• (b) To further the purpose specified in subsection (a), and consistent with such purpose, the Secretary shall manage the Cooperative Management and Protection Area for the benefit of present and future generations—
  • (1) to maintain and enhance cooperative and innovative management projects, programs and agreements between tribal, public, and private interests in the Cooperative Management and Protection Area;
  • (2) to promote grazing, recreation, historic, and other uses that are sustainable;
  • (3) to conserve, protect and to ensure traditional access to cultural, gathering, religious, and archaeological sites by the Burns Paiute Tribe on Federal lands and to promote cooperation with private landowners;
  • (4) to ensure the conservation, protection, and improved management of the ecological, social, and economic environment of the Cooperative Management and Protection Area, including geological, biological, wildlife, riparian, and scenic resources; and
  • (5) to promote and foster cooperation, communication, and understanding and to reduce conflict between Steens Mountain users and interests.

§ 460lll–13. Payments to States and counties

• (a) Land within the Recreation Area shall be subject to the provisions for payments in lieu of taxes under chapter 69 of title 31.
• (b) All amounts received from charges, use fees, and natural resource utilization, including timber and agricultural receipts, shall not be subject to distribution to States under section 500 of this title .
• (c) After the transfer of administrative jurisdiction is made under section 460 lll –41 of this title—
  • (1) the Tennessee Valley Authority shall continue to calculate the amount of payments to be made to States and counties under section 831 l of this title; and
  • (2) each State (including, for the purposes of this subsection, the State of Kentucky, the State of Tennessee, and any other State) that receives a payment under that section shall continue to calculate the amounts to be distributed to the State and local governments, as though the transfer had not been made.

§ 460lll–14. Forest highways

• (a) For purposes of section 204 1 1 See References in Text note below. of title 23, the road known as “The Trace” and every other paved road within the Recreation Area (including any road constructed to secondary standards) shall be considered to be a forest highway.
• (b)
  • (1) The States shall be responsible for the maintenance of forest highways within the Recreation Area.
  • (2) To the maximum extent provided by law, from funds appropriated to the Department of Transportation and available for purposes of highway construction and maintenance, the Secretary of Transportation shall reimburse the States for all or a portion of the costs of maintenance of forest highways in the Recreation Area.

§ 460vv–15. Grazing

Subject to such limitations, conditions, or regulations as he may prescribe, the Secretary of Agriculture shall permit grazing on lands within the Ouachita National Forest, Le Flore County, Oklahoma.

§ 460vv–16. Fishing and wildlife

Nothing in this subchapter shall be construed as affecting the jurisdiction or responsibilities of the State with respect to wildlife and fish in the areas designated by this subchapter.

§ 460vv–17. Permits

The Secretary shall cooperate with other Federal agencies, with State and local public agencies and bodies, and with private individuals and organizations in the issuance of permits for facilities, services, and recreational facilities in the Winding Stair Mountain National Recreation and Wilderness Area. In issuing such permits, the Secretary is authorized and encouraged to consider local nonprofit entities and the private sector.

§ 460vv–18. Land acquisition

• (a) The Secretary of Agriculture is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange, any lands or interests therein, which the Secretary determines are needed to establish and manage the Winding Stair Mountain National Recreation and Wilderness Area.
• (b) In exercising the authority conferred by this section to acquire lands, the Secretary of Agriculture shall give prompt and careful consideration to any offer made by an individual owning any land, or interest in land, within the Winding Stair Mountain National Recreation and Wilderness Area. In considering any such offer, the Secretary shall take into consideration any hardship to the owner which might result from any undue delay in acquiring the property.
• (c) The Secretary of Agriculture may acquire sites at locations outside such boundaries of the Winding Stair Mountain National Recreation and Wilderness Area, as he determines necessary, for visitor orientation and the establishment of a lodge and additional facilities to enhance the quality of the area.
• (d) Notwithstanding the limitations contained in section 200306(a)(2) of title 54 , the Secretary of Agriculture may acquire by purchase, exchange, donation or otherwise any right, title, and interest in lands in Le Flore County, Oklahoma, which are outside the boundaries of the Ouachita National Forest. No such right, title or interest may be acquired without the consent of the owner thereof. All lands and interests therein acquired under this subsection shall be administered by the Secretary of Agriculture in accordance with the Act of March 1, 1911 , commonly referred to as the Weeks Act ( 36 Stat. 961 ) and in accordance with the laws, rules, and regulations generally applicable to units of the national forest system. The Secretary of Agriculture shall extend the boundaries of the Ouachita National Forest to include such lands.

§ 460vv–19. Acreages

The acreage specified in this subchapter is approximate and in the event of discrepancies between cited acreage and the lands depicted on reference maps, the maps shall control.

§ 460u–20. Paul H. Douglas Ecological and Recreational Unit and Center for Environmental Education

• (a) The Indiana Dunes National Park is hereby dedicated to the memory of Paul H. Douglas in grateful recognition of his leadership in the effort to protect, preserve, and enhance the natural, scientific, historic, and recreational value of the Park for the use, enjoyment, and edification of present and future generations.
• (b) To further accomplish the purposes of subsection (a) of this section, the Secretary of the Interior shall designate the west unit of the Park as the “Paul H. Douglas Ecological and Recreational Unit” and shall, subject to appropriations being granted, design and construct a suitable structure or designate an existing structure within the Park to be known as the “Paul H. Douglas Center for Environmental Education” which shall provide facilities designed primarily to familiarize students and other visitors with, among other things: (1) the natural history of the Park and its association with the natural history of the Great Lakes region; (2) the evolution of human activities in the area; and (3) the historical features which led to the establishment of the Park by the Congress of the United States.
• (c) To inform the public of the contributions of Paul H. Douglas to the creation of the Park, the Secretary of the Interior shall provide such signs, markers, maps, interpretive materials, literature, and programs as he deems appropriate.

§ 460nnn–21. Management authorities and purposes

• (a) The Secretary shall manage all Federal lands included in the Cooperative Management and Protection Area pursuant to the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.) and other applicable provisions of law, including this subchapter, in a manner that—
  • (1) ensures the conservation, protection, and improved management of the ecological, social and economic environment of the Cooperative Management and Protection Area, including geological, biological, wildlife, riparian, and scenic resources, North American Indian tribal and cultural and archaeological resource sites, and additional cultural and historic sites; and
  • (2) recognizes and allows current and historic recreational use.
• (b) Within 4 years after October 30, 2000 , the Secretary shall develop a comprehensive plan for the long-range protection and management of the Federal lands included in the Cooperative Management and Protection Area, including the Wilderness Area. The plan shall—
  • (1) describe the appropriate uses and management of the Cooperative Management and Protection Area consistent with this subchapter;
  • (2) incorporate, as appropriate, decisions contained in any current or future management or activity plan for the Cooperative Management and Protection Area and use information developed in previous studies of the lands within or adjacent to the Cooperative Management and Protection Area;
  • (3) provide for coordination with State, county, and private local landowners and the Burns Paiute Tribe; and
  • (4) determine measurable and achievable management objectives, consistent with the management objectives in section 460nnn–12 of this title , to ensure the ecological integrity of the area.
• (c) The Secretary shall implement a monitoring program for Federal lands in the Cooperative Management and Protection Area so that progress towards ecological integrity objectives can be determined.

§ 21a. Revision of boundaries; contiguous national forests; jurisdiction of forests

The boundary of the Yellowstone National Park is changed so as to read as follows: Beginning on the present north boundary line of Yellowstone National Park at its intersection with the hydrographic divide immediately north of Pebble Creek, approximately at park boundary monument 29 east; thence following said divide around the head of the drainage of Pebble Creek to its intersection with the present east boundary line of Yellowstone National Park, at a point near park boundary monument 54 north; thence southerly along said boundary line to its intersection with the hydrographic divide between Soda Butte and Cache Creeks, at a point near park boundary monument 51 north; thence easterly along said hydrographic divide to its intersection with the crest of the Absaroka Range; thence southerly along said crest to its intersection with the main hydrographic divide between Little Lamar River and the North Fork of Shoshone River, passing over Republic and Hoodoo Peaks; thence westerly along said divide passing over Notch Mountain to its intersection with the present east boundary line of Yellowstone National Park, at a point near park boundary monument 26 north; thence continuing westerly along said divide, now between the headwaters of Lamar River and Jones Creek; headwaters of Sedge, Bear, Cub, and Clear Creeks, and the headwaters of Jones and Crow Creeks, and between Crow Creek and Middle Creek, to its intersection with the present east boundary line of Yellowstone National Park, approximately at park boundary monument 18 north, passing over Pyramid and Cathedral Peaks, Mount Chittenden, and Avalanche Peak, thence southerly along said boundary line to its intersection with the hydrographic divide immediately south of Middle Creek, approximately at park boundary monument 15 north; thence westerly along said divide, now between a southern tributary of Middle Creek, headwaters of Beaverdam, Trappers, and Mountain Creeks, and the headwaters of Canfield and Eagle Creeks, to its intersection with the present east boundary line of Yellowstone National Park, at a point near park boundary monument 5 north, passing over Reservation and Atkins Peaks, Mount Schurz, Mount Humphreys, and Eagle Peak; and Beginning on the present west boundary line of Yellowstone National Park at its intersection with the left bank of Gallatin River between park monuments 45 and 46 north; thence northwesterly along said bank to a point opposite the hydrographic divide between Daly and Tepee Creeks; thence northeasterly across the Gallatin River and along said divide, around the headwaters of Daly, Black Butte, Specimen, and Fan Creeks, to the intersection of said divide with the present north boundary line of Yellowstone National Park, at a point near park boundary monument 11 west. All of those lands lying within the boundary lines above described and the present north, east, and west boundary lines are included in and made a part of the Yellowstone National Park; and all of those lands of the present Yellowstone National Park excluded from the park are included in and made a part of the contiguous national forests subject to all laws and regulations applicable to national forests, and upon acceptance thereof by appropriate action of the State, jurisdiction for all purposes whatsoever shall be, and is, ceded over the land excluded from the park to the State of Wyoming.

§ 21b. Extension of certain laws to park

The provisions of the Act of March 1, 1872 , 1 1 See References in Text note below. reserving lands for park purposes, the Act of July 10, 1890 , 1 admitting the State of Wyoming into the Union, the Act of May 7, 1894 , entitled “An Act to protect the birds and animals in the Yellowstone National Park and to punish crimes in said park, and for other purposes,” 1 the Act of August 25, 1916 , entitled “An Act to establish a National Park Service, and for other purposes,” 1 and all Acts supplementary to and amendatory of said Acts are made applicable to and extended over the lands added to the park: Provided , That the provisions of the Federal Power Act [ 16 U.S.C. 791a et seq.] shall not apply to or extend over such lands.

§ 21c. Section 485 as extending to revised boundaries; lands acquired by exchange

The provisions of section 485 of this title shall continue to be applicable to the areas included within the Yellowstone National Park by section 21a of this title , and any lands within such areas acquired by exchange thereunder shall thereupon become a part of the Yellowstone National Park.

§ 21d. Existing claims, locations, and entries as affected by revised boundaries

Nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States, whether for homestead, mineral right of way, or any other purposes whatsoever, or shall affect the right of any such claimant, locator, or entryman to the full use and enjoyment of his land.

§ 460nnn–22. Roads and travel access

• (a) The management plan shall include, as an integral part, a comprehensive transportation plan for the Federal lands included in the Cooperative Management and Protection Area, which shall address the maintenance, improvement, and closure of roads and trails as well as travel access.
• (b)
  • (1) The use of motorized or mechanized vehicles on Federal lands included in the Cooperative Management and Protection Area—
    • (A) is prohibited off road; and
    • (B) is limited to such roads and trails as may be designated for their use as part of the management plan.
  • (2) Paragraph (1) does not prohibit the use of motorized or mechanized vehicles on Federal lands included in the Cooperative Management and Protection Area if the Secretary determines that such use—
    • (A) is needed for administrative purposes or to respond to an emergency; or
    • (B) is appropriate for the construction or maintenance of agricultural facilities, fish and wildlife management, or ecological restoration projects, except in areas designated as wilderness or managed under the provisions of section 1782(c) of title 43 .
• (c) Any determination to permanently close an existing road in the Cooperative Management and Protection Area or to restrict the access of motorized or mechanized vehicles on certain roads shall be made in consultation with the advisory council and the public.
• (d)
  • (1) No new road or trail for motorized or mechanized vehicles may be constructed on Federal lands in the Cooperative Management and Protection Area unless the Secretary determines that the road or trail is necessary for public safety or protection of the environment. Any determination under this subsection shall be made in consultation with the advisory council and the public.
  • (2) Nothing in this subsection is intended to limit the authority of the Secretary to construct or maintain trails for nonmotorized or nonmechanized use.
• (e)
  • (1) The Secretary shall provide reasonable access to nonfederally owned lands or interests in land within the boundaries of the Cooperative Management and Protection Area and the Wilderness Area to provide the owner of the land or interest the reasonable use thereof.
  • (2) Nothing in this subchapter shall have the effect of terminating any valid existing right-of-way on Federal lands included in the Cooperative Management and Protection Area.

§ 460nnn–23. Land use authorities

• (a) The Secretary shall allow only such uses of the Federal lands included in the Cooperative Management and Protection Area as the Secretary finds will further the purposes for which the Cooperative Management and Protection Area is established.
• (b)
  • (1) The Federal lands included in the Cooperative Management and Protection Area shall not be made available for commercial timber harvest.
  • (2) The Secretary may authorize the removal of trees from Federal lands in the Cooperative Management and Protection Area only if the Secretary determines that the removal is clearly needed for purposes of ecological restoration and maintenance or for public safety. Except in the Wilderness Area and the wilderness study areas referred to in section 460nnn–64(a) of this title , the Secretary may authorize the sale of products resulting from the authorized removal of trees under this paragraph.
• (c) The Secretary shall emphasize the restoration of the historic fire regime in the Cooperative Management and Protection Area and the resulting native vegetation communities through active management of Western Juniper on a landscape level. Management measures shall include the use of natural and prescribed burning.
• (d)
  • (1) The Secretary shall permit hunting, fishing, and trapping on Federal lands included in the Cooperative Management and Protection Area in accordance with applicable laws and regulations of the United States and the State of Oregon.
  • (2) After consultation with the Oregon Department of Fish and Wildlife, the Secretary may designate zones where, and establish periods when, hunting, trapping or fishing is prohibited on Federal lands included in the Cooperative Management and Protection Area for reasons of public safety, administration, or public use and enjoyment.
• (e)
  • (1) Except as otherwise provided in this section and part F, the laws, regulations, and executive orders otherwise applicable to the Bureau of Land Management in issuing and administering grazing leases and permits on lands under its jurisdiction shall apply in regard to the Federal lands included in the Cooperative Management and Protection Area.
  • (2) The Secretary shall cancel that portion of the permitted grazing on Federal lands in the Fish Creek/Big Indian, East Ridge, and South Steens allotments located within the area designated as the “no livestock grazing area” on the map referred to in section 460nnn–11(a) of this title . Upon cancellation, future grazing use in that designated area is prohibited. The Secretary shall be responsible for installing and maintaining any fencing required for resource protection within the designated no livestock grazing area.
  • (3) Reallocation of available forage shall be made as follows:
    • (A) O’Keefe pasture within the Miners Field allotment to Stafford Ranches.
    • (B) Fields Seeding and Bone Creek Pasture east of the county road within the Miners Field allotment to Amy Ready.
    • (C) Miners Field Pasture, Schouver Seeding and Bone Creek Pasture west of the county road within the Miners Field allotment to Roaring Springs Ranch.
    • (D) 800 animal unit months within the Crows Nest allotment to Lowther (Clemens) Ranch.
  • (4) The Secretary shall also construct fencing and develop water systems as necessary to allow reasonable and efficient livestock use of the forage resources referred to in paragraph (3).
• (f) No new facilities may be constructed on Federal lands included in the Cooperative Management and Protection Area unless the Secretary determines that the structure—
  • (1) will be minimal in nature;
  • (2) is consistent with the purposes of this subchapter; and
  • (3) is necessary—
    • (A) for enhancing botanical, fish, wildlife, or watershed conditions;
    • (B) for public information, health, or safety;
    • (C) for the management of livestock; or
    • (D) for the management of recreation, but not for the promotion of recreation.
• (g) Subject to valid existing rights, the Federal lands and interests in lands included in the Cooperative Management and Protection Areas are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, except in the case of land exchanges if the Secretary determines that the exchange furthers the purpose and objectives specified in section 460nnn–12 of this title and so certifies to Congress.

§ 460nnn–24. Land acquisition authority

• (a)
  • (1) In addition to the land acquisitions authorized by part F, the Secretary may acquire other non-Federal lands and interests in lands located within the boundaries of the Cooperative Management and Protection Area or the Wilderness Area.
  • (2) Lands may be acquired under this subsection only by voluntary exchange, donation, or purchase from willing sellers.
• (b)
  • (1) Subject to paragraphs (2) and (3), lands or interests in lands acquired under subsection (a) or part F that are located within the boundaries of the Cooperative Management and Protection Area shall—
    • (A) become part of the Cooperative Management and Protection Area; and
    • (B) be managed pursuant to the laws applicable to the Cooperative Management and Protection Area.
  • (2) If lands or interests in lands acquired under subsection (a) or part F are within the boundaries of the Wilderness Area, the acquired lands or interests in lands shall—
    • (A) become part of the Wilderness Area; and
    • (B) be managed pursuant to part B and the other laws applicable to the Wilderness Area.
  • (3) If the lands or interests in lands acquired under subsection (a) or part F are within the boundaries of a wilderness study area, the acquired lands or interests in lands shall—
    • (A) become part of that wilderness study area; and
    • (B) be managed pursuant to the laws applicable to that wilderness study area.
• (c) In appraising non-Federal land, development rights, or conservation easements for possible acquisition under this section or section 460nnn–42 of this title , the Secretary shall disregard any adverse impacts on values resulting from the designation of the Cooperative Management and Protection Area or the Wilderness Area.

§ 460nnn–25. Special use permits

The Secretary may renew a special recreational use permit applicable to lands included in the Wilderness Area to the extent that the Secretary determines that the permit is consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq.). If renewal is not consistent with the Wilderness Act, the Secretary shall seek other opportunities for the permit holder through modification of the permit to realize historic permit use to the extent that the use is consistent with the Wilderness Act and this subchapter, as determined by the Secretary.

§ 460lll–26. Cooperative authorities and gifts

• (a)
  • (1)
    • (A) Subject to such terms and conditions as the Secretary may prescribe, the Secretary may issue a special use authorization to the United States Fish and Wildlife Service for the management by the Service of facilities and land agreed on by the Secretary and the Secretary of the Interior.
    • (B)
      • (i) Reasonable admission and use fees may be charged for all areas administered by the United States Fish and Wildlife Service.
      • (ii) The fees shall be deposited in accordance with section 460 lll –24 of this title.
  • (2) The Secretary and the Secretary of the Interior may cooperate or act jointly on activities such as population monitoring and inventory of fish and wildlife with emphasis on migratory birds and endangered and threatened species, environmental education, visitor services, conservation demonstration projects and scientific research.
  • (3) The management and use of areas and facilities under permit to the United States Fish and Wildlife Service as authorized pursuant to this section shall be subordinate to the overall management of the Recreation Area as directed by the Secretary.
• (b) For the management, maintenance, operation, and interpretation of the Recreation Area and its facilities, the Secretary may—
  • (1) make grants and enter into contracts and cooperative agreements with Federal agencies, governmental units, nonprofit organizations, corporations, and individuals; and
  • (2) accept gifts under section 2269 of title 7 notwithstanding that the donor conducts business with any agency of the Department of Agriculture or is regulated by the Secretary of Agriculture.

§ 460lll–27. Designation of national recreation trail

Effective on the date of transfer pursuant to section 460 lll –41 of this title, the North-South Trail is designated as a national recreation trail under section 1243 of this title .

§ 460lll–28. Cemeteries

The Secretary shall maintain an inventory of and ensure access to cemeteries within the Recreation Area for purposes of burial, visitation, and maintenance.

§ 460lll–29. Resource management

• (a)
  • (1) The land within the Recreation Area is withdrawn from the operation of the mining and mineral leasing laws of the United States.
  • (2) The Secretary may permit the use of common varieties of mineral materials for the development and maintenance of the Recreation Area.
• (b)
  • (1) The Secretary shall permit hunting and fishing on land and water under the jurisdiction of the Secretary within the boundaries of the Recreation Area in accordance with applicable laws of the United States and of each State, respectively.
  • (2)
    • (A) The Secretary may designate areas where, and establish periods when, hunting or fishing is prohibited for reasons of public safety, administration, or public use and enjoyment.
    • (B) Except in emergencies, a prohibition under subparagraph (A) shall become effective only after consultation with the appropriate fish and game departments of the States.
  • (3) Nothing in this subchapter affects the jurisdiction or responsibilities of the States with respect to wildlife and fish on national forests.

§ 460m–29a. New River Gorge and Gauley River Visitor Center

The Secretary of the Interior is authorized to construct a visitor center and such other related facilities as may be deemed necessary to facilitate visitor understanding and enjoyment of the New River Gorge National River and the Gauley River National Recreation Area in the vicinity of the confluence of the New and Gauley Rivers. Such center and related facilities are authorized to be constructed at a site outside of the boundary of the New River Gorge National River or Gauley River National Recreation Area unless a suitable site is available within the boundaries of either unit.

§ 460lll–30. Hematite Dam

Within one year from the date of transfer pursuant to section 460 lll –41 of this title, the Tennessee Valley Authority shall cause any breach in the Hematite Dam to be repaired, or if such repairs have previously been made, the Tennessee Valley Authority shall certify in a letter to the Secretary the sound condition of the dam. Future repair costs and maintenance of the Hematite Dam shall be the responsibility of the Secretary.

§ 30a. Existing laws as affected

This Act shall not be construed to repeal existing laws conferring upon the Secretary of the Interior and the Secretary of the Army certain powers with reference to the protection, improvement, and control of the said Yellowstone National Park.

§ 460lll–31. Trust Fund

• (a) There is established in the Treasury of the United States a special interest-bearing fund known as the “Land Between the Lakes Trust Fund”.
• (b) Amounts in the Fund shall be available to the Secretary, until expended, for—
  • (1) public education, grants, and internships related to recreation, conservation, and multiple use land management in the Recreation Area; and
  • (2) regional promotion in the Recreation Area, in cooperation with development districts, chambers of commerce, and State and local governments.
• (c) The Tennessee Valley Authority shall deposit into the Fund $1,000,000 annually for each of the 5 fiscal years commencing in the first fiscal year of the transfer. Funding to carry out this section shall be derived from funding described in section 460 lll –49 of this title.

§ 460uu–32. Management; provisions applicable

• (a) Subject to valid existing rights, each wilderness area designated under this subchapter shall be administered by the Secretary, through the Director of the Bureau of Land Management, in accordance with the provisions of the Wilderness Act [ 16 U.S.C. 1131 et seq.] governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to December 31, 1987 .
• (b) Within the wilderness areas designated by this subchapter, the grazing of livestock, where established prior to December 31, 1987 , shall be permitted to continue subject to such reasonable regulations, policies, and practices as the Secretary deems necessary, as long as such regulations, policies, and practices fully conform with and implement the intent of Congress regarding grazing in such areas as such intent is expressed in the Wilderness Act [ 16 U.S.C. 1131 et seq.] and section 108 of Public Law 96–560 ( 16 U.S.C. 1133 note).

§ 460l–33. Management of reclamation lands

• (a)
  • (1) Upon a determination that any such fee, charge, or commission is reasonable and appropriate, the Secretary acting through the Commissioner of Reclamation, is authorized to establish—
    • (A) filing fees for applications and other documents concerning entry upon and use of Reclamation lands;
    • (B) recreation user fees; and
    • (C) charges or commissions for the use of Reclamation lands.
  • (2) The Secretary, acting through the Commissioner of Reclamation, shall promulgate such regulations as the Secretary determines to be necessary—
    • (A) to carry out the provisions of this section and section 460 l –34 of this title;
    • (B) to ensure the protection, comfort, and well-being of the public (including the protection of public safety) with respect to the use of Reclamation lands; and
    • (C) to ensure the protection of resource values.
• (b) The Secretary, acting through the Commissioner of Reclamation, is authorized to—
  • (1) prepare and maintain on a continuing basis an inventory of resources and uses made of Reclamation lands and resources, keep records of such inventory, and make such records available to the public; and
  • (2) ascertain the boundaries of Reclamation lands and provide a means for public identification (including, where appropriate, providing signs and maps).
• (c)
  • (1)
    • (A) 1 1 So in original. No par. (2) has been enacted. The Secretary, acting through the Commissioner of Reclamation, is authorized to develop, maintain, and revise resource management plans for Reclamation lands.
    • (B) Each plan described in subparagraph (A)—
      • (i) shall be consistent with applicable laws (including any applicable statute, regulation, or Executive order);
      • (ii) shall be developed in consultation with—
        • (I) such heads of Federal and non-Federal departments or agencies as the Secretary determines to be appropriate; and
        • (II) the authorized beneficiaries (as determined by the Secretary) of any Reclamation project included in the plan; and
      • (iii) shall be developed with appropriate public participation.
    • (C) Each plan described in subparagraph (A) shall provide for the development, use, conservation, protection, enhancement, and management of resources of Reclamation lands in a manner that is compatible with the authorized purposes of the Reclamation project associated with the Reclamation lands.
• (d) Funds expended by the Secretary in carrying out the provisions of this part shall be nonreimbursable under the Federal reclamation laws (the Act of June 17, 1902 ( 32 Stat. 388 , chapter 1093; 43 U.S.C. 371 ), 2 2 See References in Text note below. and Acts supplementary thereto and amendatory thereof).

§ 460l–34. Protection of authorized purposes of reclamation projects

• (a) Nothing in this part shall be construed to change, modify, or expand the authorized purposes of any Reclamation project.
• (b) The expansion or modification of a recreational facility constructed under this part shall not increase the capital repayment responsibilities 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. 460 l –12 et seq.].

§ 410cc–35. Powers of Commission

• (a) The Commission may for the purpose of carrying out this subchapter hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission may deem advisable. The Commission may administer oaths or affirmations to witnesses appearing before it.
• (b) When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section.
• (c) Subject to section 552a of title 5 , the Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this subchapter. Upon request of the chairman of the Commission, the head of such department or agency shall furnish such information to the Commission.
• (d) Notwithstanding any other provision of law, the Commission may seek and accept donations of funds, property, or services from individuals, foundations, corporations, and other private entities, and from public entities, for the purpose of carrying out its duties.
• (e) The Commission may use its funds to obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money.
• (f) The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States.
• (g) The Commission may obtain by purchase, rental, donation, or otherwise, such property, facilities, and services as may be needed to carry out its duties. Any acquisition of property by the Commission shall be in accordance with section 410cc–34 of this title : Provided, however , That the Commission may not acquire lands or interests therein pursuant to this subsection by condemnation. Upon the termination of the Commission, all property, personal and real, and unexpended funds shall be transferred to the Department of the Interior.

§ 410cc–36. Staff of Commission

• (a) The Commission shall have a Director who shall be appointed by the Commission and who shall be paid at a rate not to exceed the rate of pay payable for grade GS–15 of the General Schedule.
• (b) The Commission may appoint and fix the pay of such additional personnel as the Commission deems desirable.
• (c) The Director and staff of the Commission may be appointed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51, and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for grade GS–15 of the General Schedule.
• (d) Subject to such rules as may be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5 , but at rates determined by the Commission to be reasonable.
• (e)
  • (1) Upon request of the Commission, the head of any Federal agency represented by members on the Commission may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under this subchapter.
  • (2) The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.

§ 36a. Disposition of surplus elk

The Secretary of the Interior is authorized in his discretion, and under regulations to be prescribed by him, to sell or otherwise dispose of the surplus elk from the Yellowstone National Park herd, and all moneys received from the sale of any such surplus elk shall be deposited in the Treasury of the United States as miscellaneous receipts.

§ 410cc–37. Use of funds; maintenance of financial records; audits

• (a) Any revenues or other assets acquired by the Commission by donation, the lease or sale of property or fees for services shall be available to the Commission, without fiscal year limitation, to be used for any function of the Commission authorized under this subchapter. The Commission shall keep financial records fully disclosing the amount and source of revenues and other assets acquired by the Commission, and shall keep such other financial records as the Secretary may prescribe.
• (b) The Secretary shall require audits of the financial records of the Commission to be conducted not less frequently than once each year in order to ensure that revenues and other assets of the Commission are being used in a manner authorized under this subchapter.

§ 38. Exchange for State or private lands authorized

The Secretary of Agriculture is authorized in his discretion to accept, on behalf of the United States, title to any lands held in private or State ownership within the townships described in section 37 of this title , and in exchange therefor may patent not to exceed an equal value of national forest land in the State of Montana, surveyed and nonmineral in character, or the Secretary of Agriculture may authorize the grantor to cut and remove not to exceed an equal value of timber within the national forests of said State, the values in each case to be determined by the Secretary of Agriculture: Provided , That before any such exchange is effected, notice of the contemplated exchange reciting the lands involved shall be published once each week for four successive weeks in some newspaper of general circulation in the county or counties in which may be situated the lands to be accepted and in some like newspaper published in any county in which may be situated any lands or timber to be given in such exchange. Timber given in exchange shall be cut and removed from national forests under the laws and regulations relating to the national forests and under the direction and supervision and in accordance with the requirements of the Secretary of Agriculture.

§ 39. Reservation of timber, minerals, or easements by owners on exchange

Reservations of timber, minerals, or easements, the values of which shall be duly considered in determining the values of the lands conveyed, may be made by the owner or owners thereof in lands conveyed to the United States under the provisions of sections 37 to 40 of this title. Where such reservations are made, the right to enjoy them shall be subject to such reasonable conditions respecting ingress and egress and the use of the surface of the land as may be deemed necessary by the Secretary of the Interior or the Secretary of Agriculture, whichever may be responsible for the handling and use of the land as provided in said sections: Provided , That all property, rights, easements, and benefits authorized by this section to be retained by or reserved to owners of land conveyed to the United States shall be subject to the tax laws of the States where such lands are located.

§ 40. Additions to park; entry under other acts

The President of the United States is authorized, in his discretion, to add by Executive proclamation to Yellowstone National Park any or all of the lands within a certain territory or tract in township 9 south, ranges 7 and 8 east, Montana principal meridian, to wit: Beginning at a point on the north line of said Yellowstone National Park where said line crosses the divide between Reese Creek and Mol Heron Creek, thence northeasterly along said divide to the junction of said divide with the branch divide north and west of Reese Creek; thence along said branch divide in a northeasterly and easterly direction around the drainage of Reese Creek, to the Yellowstone River; thence southerly and southeasterly along the west bank of the Yellowstone River to the line marking the western limits of the town of Gardiner, Montana; thence south on said town limits line to the northern boundary of Yellowstone National Park; thence west along the north boundary of Yellowstone National Park to the point of beginning, which are unappropriated lands of the United States or which may be acquired by the United States under the provisions of sections 37 to 40 of this title, within the territory described in this section, subject, however, to all valid existing claims and to reservations such as are authorized by section 39 of this title ; but, with the exception of valid existing claims, no land so added to Yellowstone National Park shall be subject to entry under the mining laws of the United States: Provided , That the Secretary of the Interior for such lands as are added to Yellowstone National Park may provide by rules and regulations for the management and use of the added lands as may in his discretion be necessary to accomplish the purposes of sections 37 to 40 of this title: And provided further , That the lands of the United States acquired by donation or purchase within the area described in section 37 of this title shall not be subject to location and entry under the mining laws of the United States nor the Act of June 11, 1906 , authorizing homestead entries in national forests.

§ 40a. Educational facilities for dependents of employees; payments to school districts; limitation on amount

Under such regulations as may be prescribed by the Secretary of the Interior, payments may be made, as provided in sections 40a to 40c of this title, in advance or otherwise, from any revenues received by the United States from visitors to Yellowstone National Park, to the appropriate school district or districts serving that park, as reimbursement for educational facilities (including, where appropriate, transportation to and from school) furnished by the said district or districts to pupils who are dependents of persons engaged in the administration, operation, and maintenance of the park, and living at or near the park upon real property of the United States not subject to taxation by the State or local agencies and upon which payments in lieu of taxes are not made by the United States: Provided , That the payments for any school year for the aforesaid purpose shall not exceed that part of the cost of operating and maintaining such facilities which the number of pupils, in average daily attendance during that year, bears to the whole number of pupils in average daily attendance at those schools for that year.

§ 40b. Cooperative agreements with States or local agencies; expansion; Federal contributions

• (a) the operation of school facilities,
• (b) for the construction and expansion of local facilities at Federal expense, and
• (c) for contribution by the Federal Government, on an equitable basis satisfactory to the Secretary, to cover the increased cost to local agencies for providing the educational services required for the purposes of sections 40a to 40c of this title.

§ 40c. Creation of special fund; expenditure

For the purposes of sections 40a and 40b of this title, the Secretary of the Treasury is authorized to maintain hereafter in a special fund a sufficient portion of the park revenues, based upon estimates to be submitted by the Secretary of the Interior, and to expend the same upon certification by the Secretary of the Interior.

§ 460nnn–41. Cooperative management agreements

• (a) To further the purposes and objectives for which the Cooperative Management and Protection Area is designated, the Secretary may work with non-Federal landowners and other parties who voluntarily agree to participate in the cooperative management of Federal and non-Federal lands in the Cooperative Management and Protection Area.
• (b) The Secretary may enter into a cooperative management agreement with any party to provide for the cooperative conservation and management of the Federal and non-Federal lands subject to the agreement.
• (c) With the consent of the landowners involved, the Secretary may permit permittees, special-use permit holders, other Federal and State agencies, and interested members of the public to participate in a cooperative management agreement as appropriate to achieve the resource or land use management objectives of the agreement.
• (d) The Secretary may enter into agreements with the Burns Paiute Tribe to protect cultural sites in the Cooperative Management and Protection Area of importance to the tribe.

§ 460nnn–42. Cooperative efforts to control development and encourage conservation

• (a) Development on public and private lands within the boundaries of the Cooperative Management and Protection Area which is different from the current character and uses of the lands is inconsistent with the purposes of this subchapter.
• (b) The Secretary may enter into a nondevelopment easement or conservation easement with willing landowners to further the purposes of this subchapter.
• (c) The Secretary may provide technical assistance, cost-share payments, incentive payments, and education to a private landowner in the Cooperative Management and Protection Area who enters into a contract with the Secretary to protect or enhance ecological resources on the private land covered by the contract if those protections or enhancements benefit public lands.
• (d) Nothing in this subchapter is intended to affect rights or interests in real property or supersede State law.

§ 460lll–43. Memorandum of agreement

• (a) Not later than 30 days after the date of transfer pursuant to section 460 lll –41 of this title, the Secretary and the Tennessee Valley Authority shall enter into a memorandum of agreement concerning implementation of this subchapter.
• (b) The memorandum of understanding shall provide procedures for—
  • (1) the orderly withdrawal of officers and employees of the Tennessee Valley Authority;
  • (2) the transfer of property, fixtures, and facilities;
  • (3) the interagency transfer of officers and employees;
  • (4) the transfer of records; and
  • (5) other transfer issues.
• (c)
  • (1) The memorandum of understanding may provide for a transition team consisting of the Tennessee Valley Authority and Forest Service employees.
  • (2) The team may continue in existence after the date of transfer.
  • (3) The Tennessee Valley Authority and the Forest Service shall pay personnel costs of their respective team members.

§ 460lll–44. Records

• (a) The Secretary shall have access to all records of the Tennessee Valley Authority pertaining to the management of the Recreation Area.
• (b) The Tennessee Valley Authority personnel records shall be made available to the Secretary, on request, to the extent the records are relevant to Forest Service administration.
• (c) The Tennessee Valley Authority may prescribe terms and conditions on the availability of records to protect the confidentiality of private or proprietary information.
• (d) The Tennessee Valley Authority shall provide to the Secretary original records pertaining to land titles, surveys, and other records pertaining to transferred personal property and facilities.

§ 460lll–45. Transfer of personal property

• (a)
  • (1) Not later than 60 days after the date of transfer pursuant to section 460 lll –41 of this title, the Tennessee Valley Authority shall provide the Secretary with an inventory of all property and facilities at the Recreation Area.
  • (2)
    • (A) All Tennessee Valley Authority property associated with the administration of the Recreation Area, including any property purchased with Federal funds appropriated for the management of the Tennessee Valley Authority land, shall be available for transfer to the Secretary.
    • (B) Property under subparagraph (A) includes buildings, office furniture and supplies, computers, office equipment, buildings, vehicles, tools, equipment, maintenance supplies, boats, engines, and publications.
  • (3) At the request of the authorized representative of the Tennessee Valley Authority, the Secretary may exclude movable property from transfer based on a showing by the Tennessee Valley Authority that the property is vital to the mission of the Tennessee Valley Authority and cannot be replaced in a cost-effective manner, if the Secretary determines that the property is not needed for management of the Recreation Area.
• (b) Pursuant to such procedures as may be prescribed in the memorandum of agreement entered into under section 460 lll –43 of this title, the Secretary shall identify and designate, in writing, all Tennessee Valley Authority property to be transferred to the Secretary.
• (c) The Tennessee Valley Authority shall, to the maximum extent practicable, use current personnel to facilitate the transfer of necessary property and facilities to the Secretary, including replacement of signs and insignia, repainting of vehicles, printing of public information, and training of new personnel. Funding for these costs shall be derived from funding described in section 460 lll –49 of this title.
• (d)
  • (1) Any personal property, including structures and facilities, that the Secretary determines cannot be efficiently managed and maintained either by the Forest Service or by lease or permit to other persons may be declared excess by the Secretary and—
    • (A) sold by the Secretary on such terms and conditions as the Secretary may prescribe to achieve the maximum benefit to the Federal Government; or
    • (B) disposed of under chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
  • (2) All net proceeds from the disposal of any property shall be deposited into the Fund established by section 460 lll –31 of this title.

§ 45a. Sequoia National Park; revision of boundaries

The boundaries of the Sequoia National Park, California, are changed as follows: Beginning at the southwest corner of the present boundary of Sequoia National Park, being the southwest corner of township 18 south, range 30 east of the Mount Diablo base and meridian, California, thence easterly along the present south boundary of Sequoia National Park to its intersection with the hydrographic divide between the headwaters of South Fort 1 1 So in original. Probably should be “Fork”. Kaweah River and the headwaters of that branch of Little Kern River known as Pecks Canyon; thence southerly and easterly along the crest of the hydrographic divide between Pecks Canyon and Soda Creek to its intersection with a lateral divide at approximately the east line of section 2, township 19 south, range 31 east; thence northeasterly along said lateral divide to its intersection with the township line near the southeast corner of township 18 south, range 31 east of the Mount Diablo base and meridian; thence north approximately thirty-five degrees west to the summit of the butte next north of Soda Creek (United States Geological Survey altitude eight thousand eight hundred and eighty-eight feet); thence northerly and northwesterly along the crest of the hydrographic divide to a junction with the crest of the main hydrographic divide between the headwaters of the South Fork of the Kaweah River and the headwaters of Little Kern River; thence northerly along said divide now between Horse and Cow Creeks and the headwaters of East Fork Kaweah River to its intersection with the present east boundary of Sequoia National Park, approximately at Tar Gap, being the east line of township 17 south, range 30 east; thence northerly along said line to its intersection with the main hydrographic divide north of East Fork Kaweah River; thence easterly following said divide, passing through Timber Gap to the summit of Sawtooth Peak; thence southeasterly along the crest of the Great Western Divide to the summit of Coyote Peaks (United States Geological Survey bench mark, altitude ten thousand nine hundred and nineteen feet); thence northeasterly following the main hydrographic divide south of Coyote Creek to the junction of Coyote Creek and Kern River; thence due east across Kern River to the east bank; thence following said east bank of Kern River northerly to the junction of Golden Trout Creek and Kern River; thence northeasterly following the main hydrographic divide north of Golden Trout Creek, and between the headwaters of Golden Trout Creek and Rock Creek to a junction with the main crest of the Sierra Nevada, northwest of Cirque Peak; thence northerly and westerly along said main crest of the Sierra Nevada to Junction Peak (United States Geological Survey bench mark thirteen thousand nine hundred and three feet); thence westerly along the crest of the Kings-Kern Divide to a junction with the crest of the Great Western Divide at Thunder Mountain (United States Geological Survey bench mark thirteen thousand five hundred and seventy-eight feet); thence southwesterly along the crest of the Great Western Divide to Triple Divide Peak (United States Geological Survey altitude twelve thousand six hundred and fifty-one feet); thence westerly and northwesterly along the crest of the hydrographic divide between the headwaters of Roaring River and the headwaters of the Middle and Marble Forks of the Kaweah River to Kettle Peak (United States Geological Survey altitude ten thousand and thirty-eight feet); thence westerly and southwesterly along the crest of the main hydrographic divide next north of Clover Creek and Dorst Creek to the Junction of Stony Creek and Dorst Creek; thence following the west bank of the North Fork Kaweah River to its junction with Cactus Creek; thence easterly along the first hydrographic divide south of Cactus Creek to its intersection with the present west boundary of Sequoia National Park, being the west line of township 16 south, range 29 east; thence southerly along said west boundary to the southwest corner of said township; thence easterly along the present boundary of Sequoia National Park, being the north line of township 17 south, range 29 east, to the northeast corner of said township; thence southerly along the present boundary of Sequoia National Park, being the west lines of townships 17 and 18 south, range 30 east, to the place of beginning; and all of those lands lying within the boundary line above described are included in and made a part of the Roosevelt-Sequoia National Park; and all of those lands excluded from the present Sequoia National Park are included in and made a part of the Sequoia National Forest, subject to all laws and regulations applicable to the national forests.

§ 45b. Rules and regulations; leases; fish and game

The said park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be, as soon as practicable, to make and publish such reasonable rules and regulations, not inconsistent with the laws of the United States, as he may deem necessary or proper for the care, protection, management, and improvement of the same, such regulations being primarily aimed at the freest use of said park for recreation purposes by the public and for the preservation from injury or spoliation of all timber, natural curiosities, or wonders within said park and their retention in their natural condition as far as practicable, and for the preservation of said park in a state of nature so far as is consistent with the purposes of this Act. Such rules and regulations shall permit the taking of fish by hook and line from the streams or lakes in said park, but at such seasons, during such times, and in such manner as may be directed by the Secretary of the Interior. Such rules and regulations, however, shall provide against the destruction of the wild life within said park, and the Secretary of the Interior is authorized to take all such measures as shall be necessary to fully carry out the objects and purposes of this Act. Said Secretary may, in his discretion, execute leases to parcels of ground not exceeding ten acres in extent at any one place to any one person or persons or company for not to exceed twenty years, when such ground is necessary for the erection of buildings for the accommodation of visitors. Such leases or privileges may be renewed or extended at the expiration of the terms thereof: Provided , That existing leases from the Department of Agriculture may be continued, in the discretion of the Secretary of the Interior, for so long as such extension is not detrimental to the public purposes for which the park is created.

§ 45c. Prior claims, locations, and entries; permits for use of natural resources

Nothing herein contained shall affect any valid existing claim, location, or entry established prior to July 3, 1926 , under the land laws of the United States, whether for homestead, mineral, right-of-way, or any other purpose whatsoever, or shall affect the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land: Provided , That under rules and regulations to be prescribed by him the Secretary of the Interior may issue permits to any bona fide claimant, entryman, landowner, or lessee of land within the boundaries herein established to secure timber for use on and for the improvement of his land; and he shall also have authority to issue, under rules and regulations to be prescribed by him, grazing permits and authorize the grazing of livestock on the lands within said park at fees not to exceed those charged by the Forest Service on adjacent areas, so long as such timber cutting and grazing are not detrimental to the primary purpose for which such park is created: Provided , That no permit, license, lease, or authorization for dams, conduits, reservoirs, power houses, transmission lines, or other works for storage or carriage of water, or for the development, transmission, or utilization of power within the limits of said park as constituted by said sections, shall be granted or made without specific authority of Congress.

§ 45d. Exclusive privileges within park prohibited

No exclusive privilege shall be granted within said park, or on or over the roads and trails therein, except upon ground leased for the erection of buildings or camps thereon.

§ 45e. Violations of park regulations; penalty

Any person found guilty of violating any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park, or for the protection of the property therein, for the preservation from injury or spoliation of timber, natural curiosities, or other objects within said park, or for the protection of the animals, birds, and fish in said park, shall be deemed guilty of a misdemeanor, and shall be subjected to a fine of not more than $500 or imprisonment not exceeding six months or both.

§ 45f. Mineral King Valley addition authorized

• (a) It is the purpose of this section to—
  • (1) assure the preservation for this and future generations of the outstanding natural and scenic features of the area commonly known as the Mineral King Valley and previously designated as the Sequoia National Game Refuge; and
  • (2) enhance the ecological values and public enjoyment of such area by adding such area to the Sequoia National Park.
• (b)
  • (1) In order to add to the Sequoia National Park (hereinafter in this section referred to as the “park”) a certain area known as Mineral King Valley possessing unique natural and scenic values, there is hereby established as part of such park all lands, waters, and interests therein, constituting approximately sixteen thousand two hundred acres designated before November 10, 1978 , as the Sequoia National Game Refuge and as depicted on the drawing entitled “Boundary Map, Sequoia-Kings Canyon National Park”, numbered 102–90,000 and dated April 1975. A copy of such drawing shall be on file and available for public inspection in the office of the Director, National Park Service, Department of the Interior. After advising the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate in writing, the Secretary is authorized to make minor revisions of the boundaries of the park when necessary by publication of a revised drawing or other boundary description in the Federal Register.
  • (2) The Sequoia National Game Refuge is hereby abolished and the Secretary of Agriculture shall transfer, without consideration, to the administrative jurisdiction of the Secretary, the area constituting such refuge, and any unexpended funds available for purposes of management of the refuge shall be available for purposes of management of the park.
• (c)
  • (1) Within the boundaries of the area added to the park pursuant to this section, the Secretary may acquire lands and interests in lands by donation, purchase with donated or appropriated funds, exchange, or transfer from other Federal departments or agencies.
  • (2) Where the private use of any property acquired pursuant to this subsection would, in the judgment of the Secretary, be compatible with the purposes of this section, the Secretary may, as a condition of such acquisition, permit the owner or owners of such property to retain for themselves and their successors or assigns rights of use and occupancy. The owner shall reserve such rights and elect the term to be reserved on the date of acquisition of the property. Except for so much of the property as is donated, the Secretary shall pay to the owner the fair market value of the property on the date of its acquisition, less the fair market value on that date of the right retained by the owner.
  • (3) A right of use and occupancy retained pursuant to paragraph (2) may be terminated by the Secretary upon his determination that the property or any portion thereof is being used in a manner which is incompatible with the purposes of this section. Such right shall terminate by operation of law upon notification by the Secretary to the holder of the right of such determination and tendering to him the amount equal to the fair market value of that portion which remains unexpired as of the date of such tender. In the case of any property which was used for noncommercial purposes during the ten calendar years immediately preceding November 10, 1978 , the commercial use of such property subsequent to November 10, 1978 , shall be treated as incompatible with the purposes of this section. In the case of any property which was used for commercial purposes at any time during the ten calendar years immediately preceding November 10, 1978 , any substantial change or expansion of such commercial use subsequent to November 10, 1978 , without the express approval of the Secretary shall be treated as incompatible with such purposes.
  • (4) In exercising his authority to acquire property under this section, the Secretary shall give prompt and careful consideration to any offer made by an individual owning property within the park to sell such property if such individual notifies the Secretary that the continued ownership of such property is causing, or would result in, undue hardship. Nothing in this section, or in any other provision of law, shall prevent the Secretary from exercising his authority to acquire property referred to in this subsection at any time after November 10, 1978 .
  • (5) If any individual tract or parcel of land acquired is partly inside and partly outside the boundaries of the park the Secretary may, in order to minimize the payment of severance damages, acquire the whole of the tract or parcel.
  • (6) If the management plan prepared under subsection (e) provides for improved access to the area added to the park under this section, the Secretary is authorized to acquire, by donation, purchase with donated or appropriated funds, exchange or transfer from other Federal departments or agencies, the area comprising the road from State Route 198 to, and within, the Mineral King Valley together with a right-of-way for such road of a width sufficient to include improvements to the road and all bridges, ditches, cuts, and fills appurtenant thereto, but not exceeding a maximum average width of two hundred feet. Property acquired from the State or any political subdivision thereof may be acquired by donation only. With regard to routes of access to and within the Mineral King Valley, the Secretary shall take such measures as are necessary to protect against the effects of siltation on the ecosystem of the park.
  • (7) The Secretary shall report to the committees of the Congress named in subsection (b)(1) the action taken by him pursuant to this subsection. Such report shall contain information sufficient to inform such committees of—
    • (A) the acquisitions made by him pursuant to this subsection during the period covered by such report;
    • (B) his reasons why all of such property authorized to be acquired and not so acquired as of the date of such report, if any, have not been acquired; and
    • (C) his schedule of a timetable for the acquisition of such property referred to in subparagraph (B).
• (d)
  • (1) The area added to the park by this section shall be administered in accordance with this section and the provisions of law generally applicable to units of the National Park System including the Act of August 25, 1916 ( 39 Stat. 535 ; 16 U.S.C. and following) 1 1 See References in Text note below. and sections 41 and 43 of this title. Any other statutory authority available to the Secretary for the conservation and management of wildlife, wildlife habitat, and natural resources may be utilized to the extent he finds such authority will further the purposes of this section.
  • (2)
    • (A) Except in the case of a lease or permit which the Secretary determines to be incompatible with the administration of the park pursuant to this section, any lease or permit on Federal land within the area added to the park under this section which is in effect immediately before November 10, 1978 , shall continue in effect pursuant to its terms and conditions following the expansion of the park under this section.
    • (B) In the case of a lease or permit which is continued under subparagraph (A), upon notice to the Secretary by the lessee or permittee of his intention to seek renewal or extension of such lease or permit, the lease or permit shall be reviewed by the Secretary, and may be renewed or extended for an additional period of five years. Any such lease or permit shall be reviewed at the end of such renewal or extension period and may also be renewed or extended in the same manner for additional five-year periods thereafter. Any renewals or extensions of leases or permits shall be granted only to those persons who were lessees or permittees of record on November 10, 1978 , and to their heirs, successors, and assigns, and any such lease or permit shall provide that the lease or permit may be terminated by the Secretary at any time if the Secretary determines that such lease or permit is incompatible with the administration of the park pursuant to this section or that the land is needed for park purposes.
  • (3) Omitted
• (e)
  • (1) Within two years from November 10, 1978 , the Secretary, in cooperation with the State of California, shall develop and submit to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, a comprehensive management plan for the area added to the park under this section. In the preparation of such plan, the Secretary shall give appropriate consideration to the need for the development of additional recreational opportunities and other public uses which are consistent with sound environmental management of the area and the policies of the National Park Service.
  • (2)
    • (A) In preparing the comprehensive management plan required by this subsection and in preparing any subsequent revision of such plan, the Secretary shall provide for full public participation and shall consider the comments and views of all interested agencies, organizations, and individuals.
    • (B) For purposes of insuring such full public participation, the Secretary shall provide reasonable advance notice to State and local governments, interested Federal agencies, private organizations, and the general public of hearings, workshops, meetings, and other opportunities available for such participation. Such notice shall be published in newspapers of general circulation in the localities affected by the development and management of the park, published in the Federal Register, and communicated by other appropriate means. The Western Regional Advisory Committee of the National Park Service (or a subcommittee thereof) shall also be utilized for purposes of facilitating public involvement.
    • (C) The Secretaries or Directors of all Federal departments, agencies, and commissions having a relevant expertise are hereby authorized and directed to cooperate with the Secretary in his development of such plan and to make such studies as the Secretary may request on a cost reimbursable basis.
    • (D) In preparing the comprehensive management plan required by this subsection, the Secretary shall consider technical information and other pertinent data assembled or produced by field studies or investigations conducted separately or jointly by the technical and administrative personnel of the Federal and State agencies involved in order to insure the permanent conservation of wildlife within the area added to the park by this section. Except in emergencies, rules and regulations pertaining to the management of wildlife within the area added to the park by this section shall be put into effect only after consultation with the State of California.
• (f) There are hereby authorized to be appropriated such sums as may be necessary for the acquisition of land and interests therein described in this section.
• (g)
• (h) The Congress recognizes that the Mineral King Valley area has outstanding potential for certain year-round recreational opportunities, but the development of permanent facilities for downhill skiing within the area would be inconsistent with the preservation and enhancement of its ecological values.

§ 45g. Addition to Sequoia National Park

• (a) As soon as practicable after December 28, 2000 , the Secretary of the Interior shall acquire by donation, purchase with donated or appropriated funds, or exchange, all interest in and to the land described in subsection (b) for addition to Sequoia National Park, California.
• (b) The land referred to in subsection (a) is the land depicted on the map entitled “Dillonwood”, numbered 102/80,044, and dated September 1999.
• (c) Upon acquisition of the land under subsection (a)—
  • (1) the Secretary of the Interior shall—
    • (A) modify the boundaries of Sequoia National Park to include the land within the park; and
    • (B) administer the land as part of Sequoia National Park in accordance with all applicable laws; and
  • (2) the Secretary of Agriculture shall modify the boundaries of the Sequoia National Forest to exclude the land from the forest boundaries.

§ 460lll–46. Compliance with environmental laws

• (a)
  • (1) Not later than 60 days after the date of transfer pursuant to section 460 lll –41 of this title, the Chairman and the Administrator shall provide the Secretary all documentation and information that exists on the environmental condition of the land and waters comprising the Recreation Area property.
  • (2) The Chairman and the Administrator shall provide the Secretary with any additional documentation and information regarding the environmental condition of the Recreation Area property as such documentation and information becomes available.
• (b)
  • (1) Not later than 120 days after the date of transfer pursuant to section 460 lll –41 of this title, the Chairman shall provide to the Secretary an assessment indicating what action, if any, is required under any environmental law on Recreation Area property.
  • (2) If the assessment concludes action is required under any environmental law with respect to any portion of the Recreation Area property, the Secretary and the Chairman shall enter into a memorandum of understanding that—
    • (A) provides for the performance by the Chairman of the required actions identified in the assessment; and
    • (B) includes a schedule providing for the prompt completion of the required actions to the satisfaction of the Secretary.
• (c) On the transfer of jurisdiction over the Recreation Area from the Tennessee Valley Authority to the Secretary, the Chairman shall provide the Secretary with documentation demonstrating that all actions required under any environmental law have been taken, including all response actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq.) that are necessary to protect human health and the environment with respect to any hazardous substance, pollutant, contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product on Recreation Area property.
• (d)
  • (1) The transfer of the Recreation Area property under this subchapter, and the requirements of this section, shall not in any way affect the responsibilities and liabilities of the Tennessee Valley Authority at the Recreation Area under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq.) or any other environmental law.
  • (2) After transfer of the Recreation Area property, the Chairman shall be accorded any access to the property that may be reasonably required to carry out the responsibility or satisfy the liability referred to in paragraph (1).
  • (3) The Secretary shall not be liable under any environmental law for matters that are related directly or indirectly to present or past activities of the Tennessee Valley Authority on the Recreation Area property, including liability for—
    • (A) costs or performance of response actions required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq.) at or related to the Recreation Area; or
    • (B) costs, penalties, fines, or performance of actions related to noncompliance with any environmental law at or related to the Recreation Area or related to the presence, release, or threat of release of any hazardous substance, pollutant, or contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product of any kind at or related to the Recreation Area, including contamination resulting from migration.
  • (4) Except as provided in paragraph (3), nothing in this subchapter affects, modifies, amends, repeals, alters, limits or otherwise changes, directly or indirectly, the responsibilities or liabilities under any environmental law with respect to the Secretary.
• (e) Subject to the other provisions of this section, a Federal agency that carried or carries out operations at the Recreation Area resulting in the release or threatened release of a hazardous substance, pollutant, or contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product for which that agency would be liable under any environmental law shall pay the costs of related response actions and shall pay the costs of related actions to remediate petroleum products or their derivatives.

§ 460lll–47. Personnel

• (a)
  • (1) Notwithstanding section 3503 of title 5 , and subject to paragraph (2), the Secretary may—
    • (A) appoint, hire, and discharge officers and employees to administer the Recreation Area; and
    • (B) pay the officers and employees at levels that are commensurate with levels at other units of the National Forest System.
  • (2)
    • (A) For a period of not less than 5 months after the effective date of transfer to the Forest Service—
      • (i) all eligible employees shall be retained in the employment of the Tennessee Valley Authority;
      • (ii) those eligible employees shall be considered to be placed on detail to the Secretary and shall be subject to the direction of the Secretary; and
      • (iii) the Secretary shall reimburse the Tennessee Valley Authority for the amount of the basic pay and all other compensation of those eligible employees.
    • (B) The Secretary shall provide eligible employees a written notice of not less than 60 days before termination.
    • (C) Subparagraph (A) does not preclude a termination for cause during the period described in subparagraph (A).
• (b) An eligible employee shall have the right to apply for employment by the Secretary under procedures for transfer and appointment of Federal employees outside the Department of Agriculture.
• (c)
  • (1) Subject to subsection (b), in filling personnel positions within the Recreation Area, the Secretary shall follow all laws (including regulations) and policies applicable to the Department of Agriculture.
  • (2) Notwithstanding paragraph (1), the Secretary—
    • (A) shall notify all eligible employees of all openings for positions with the Forest Service at the Recreation Area before notifying other individuals or considering applications by other individuals for the positions; and
    • (B) after applications by eligible employees have received consideration, if any positions remain unfilled, shall notify other individuals of the openings.
  • (3) Notwithstanding any other placement of career transition programs authorized by the Office of Personnel Management of the United States Department of Agriculture, the Secretary may noncompetitively appoint eligible employees to positions in the Recreation Area.
  • (4) Except to the extent that an eligible employee that is appointed by the Secretary may be otherwise compensated for the period of service as an employee of the Tennessee Valley Authority, that period of service shall be treated as a period of service as an employee of the Secretary for the purposes of probation, career tenure, time-in-grade, and leave.
• (d) The Tennessee Valley Authority—
  • (1) shall notify all eligible employees of all openings for positions in other units of the Tennessee Valley Authority before notifying other individuals or considering applications by other individuals for the positions; and
  • (2) after applications by eligible employees have received consideration, if any positions remain unfilled, shall notify other individuals of the openings.
• (e)
  • (1)
    • (A) The Secretary and the heads of the Office of Personnel Management, the Tennessee Valley Authority and the Tennessee Valley Authority Retirement System shall enter into a memorandum of understanding providing for the transition for all eligible employees of compensation made available through the Tennessee Valley Authority Retirement System.
    • (B) In deciding on the terms of the memorandum of understanding, the Secretary and the heads of the Office of Personnel Management, the Tennessee Valley Authority and the Tennessee Valley Authority Retirement System shall meet and consult with and give full consideration to the views of employees and representatives of the employees of the Tennessee Valley Authority.
  • (2) An eligible employee that is transferred to another unit of the Tennessee Valley Authority shall experience no interruption in coverage for or reduction of any retirement, health, leave, or other employee benefit.
  • (3)
    • (A) The Secretary shall provide to an eligible employee that is hired by the Forest Service a level of retirement and health benefits that is equivalent to the level to which the eligible employee would have been entitled if the eligible employee had remained an employee of the Tennessee Valley Authority.
    • (B)
      • (i) Eligible employees hired by the Forest Service shall become members of the Civil Service Retirement System (CSRS) Offset Plan and shall have the option to transfer into the Federal Employees Retirement System (FERS) within six months of their date of transfer. Such employees shall have the option at any time to receive credit in CSRS Offset or FERS for all of their TVA service in accordance with applicable procedures. Any deposits necessary to receive credit for such service shall be considered transfers to a qualified plan for purposes of favorable tax treatment of such amount under title 26.
      • (ii)
        • (I) For all eligible employees that are not part of the Civil Service Retirement System, the Tennessee Valley Authority shall meet any funding shortfall resulting from the transfer of retirement benefits.
        • (II) The Secretary shall notify the Tennessee Valley Authority Board of the cost associated with the transfer of retirement benefits.
        • (III) The Tennessee Valley Authority shall fully compensate the Secretary for the costs associated with the transfer of retirement benefits.
        • (IV) An eligible employee that is hired by the Forest Service and is eligible for Civil Service Retirement shall not experience any interruption in retirement benefits.
    • (C) An eligible employee that is hired by the Secretary—
      • (i) shall experience no interruption in coverage for any health, leave, or other employee benefit; and
      • (ii) shall be entitled to carry over any leave time accumulated during employment by the Tennessee Valley Authority.
    • (D) Notwithstanding section 8411(b)(3) of title 5 , except to the extent that an eligible employee may be otherwise compensated (including the provision of retirement benefits in accordance with the memorandum of understanding) for the period of service as an employee of the Tennessee Valley Authority, that period of service shall be treated as a period of service as an employee of the U.S. Department of Agriculture for all purposes relating to the Federal employment of the eligible employee.
  • (4)
    • (A) The parties to the memorandum of understanding shall have authority to deem any applicable requirement to be met, to make payments to an employee, or take any other action necessary to provide to an eligible employee that is discharged as being excess to the needs of the Tennessee Valley Authority or the Secretary and not for cause and that does not accept an offer of employment from the Secretary, an optimum level of retirement and health benefits that is equivalent to the level that has been afforded employees discharged in previous reductions in force by the Tennessee Valley Authority.
    • (B) An eligible employee that is discharged as being excess to the needs of the Tennessee Valley Authority or the Secretary and not for cause shall, at a minimum be entitled to—
      • (i) at the option of the eligible employee—
        • (I) a lump-sum equal to $1,000, multiplied by the number of years of service of the eligible employee (but not less that $15,000 nor more than $25,000);
        • (II) a lump-sum payment equal to the amount of pay earned by the eligible employee for the last 26 weeks of the eligible employee’s service; or
        • (III) the deemed addition of 5 years to the age and the years of service of an eligible employee;
      • (ii) 15 months of health benefits for employees and dependents at the same level provided as of the date of transfer pursuant to section 460 lll –41 of this title;
      • (iii) 1 week of pay per year of service as provided by the Tennessee Valley Authority Retirement System;
      • (iv) a lump-sum payment of all accumulated annual leave;
      • (v) unemployment compensation in accordance with State law;
      • (vi) eligible pension benefits as provided by the Tennessee Valley Authority Retirement System; and
      • (vii) retraining assistance provided by the Tennessee Valley Authority.
    • (C) If the board of directors of the Tennessee Valley Authority Retirement System determines that the cost of providing the benefits described in subparagraphs (A) and (B) would have a negative impact on the overall retirement system, the Tennessee Valley Authority shall be required to meet any funding shortfalls.

§ 47a. Addition of certain lands to park authorized

For the purpose of preserving and consolidating timber stands along the western boundary of the Yosemite National Park the President of the United States is authorized, upon the joint recommendation of the Secretaries of Interior and Agriculture, to add to the Yosemite National Park, in the State of California, by Executive proclamation, section 1 and the north half of section 12, township 1 south, range 19 east, Mount Diablo meridian.

§ 47b. Inapplicability of certain laws to lands acquired under section 47a

The provisions of the Federal Power Act [ 16 U.S.C. 791a et seq.] shall not apply to any lands added to the Yosemite National Park under the authority of section 47a of this title .

§ 47c. Acquisition of certain lands for preservation and consolidation of timber stands

For the purpose of preserving and consolidating certain timber stands along the western boundary of the Yosemite National Park, the President of the United States is authorized, upon the joint recommendation of the Secretaries of the Interior and of Agriculture, to add to said park by Executive proclamation any or all of the following-described lands: Sections 19, 20, 29, 30, 31, and 32, township 1 south, range 20 east, Mount Diablo meridian; east half section 1; east half section 12; southeast quarter section 24, township 2 south, range 19 east, Mount Diablo meridian; sections 4, 5, and 6; north half section 7; sections 8 and 9, and 19 and 20, township 2 south, range 20 east, Mount Diablo meridian, approximately nine thousand acres.

§ 47d. Acquisition of certain lands for protection of park deer

For the purpose of protecting park deer along the western boundary of the Yosemite National Park, the Secretary of the Interior is authorized to acquire as part of said park, by exchange as hereinafter provided, title in fee for and on behalf of the United States of America to all that land in sections 21 and 28 in township 3 south, range 20 east, Mount Diablo meridian, lying between the abandoned railroad grade running from a point in the Wawona Road near Chinquapin to the top of the abandoned incline hoist in the northeast quarter of the southwest quarter of section 21, and the east and west center line of section 21, and in sections 22, 23, 24, 25, 26, and 27 lying between said abandoned railroad grade and the existing park boundary, containing one thousand three hundred and fifty acres, more or less, now held in private ownership, which lands upon acquisition shall be, and are, added to the park; and in exchange therefor the said Secretary is authorized to issue patent to the owner of said lands, for the Government lands described as follows: That part of the north half of northeast quarter lying south of abandoned railroad grade hereinbefore mentioned, north half of southwest quarter of northeast quarter, southwest quarter of southwest quarter of northeast quarter, southwest quarter, west half of northeast quarter of southeast quarter, and southwest quarter of southeast quarter of section 25, township 3 south, range 20 east; north half section 36, township 3 south, range 20 east; southwest quarter northeast quarter, south half northeast quarter northwest quarter, west half northwest quarter, southeast quarter northwest quarter, northwest quarter southeast quarter, and west half southwest quarter southeast quarter section 32, township 3 south, range 21 east; and northwest quarter section 5, township 4 south, range 21 east; containing one thousand and ten acres, more or less, which lands upon issuance of patent shall be, and are eliminated from said park.

§ 47e. Purchase of private lands for park authorized

The Secretary of the Interior is authorized to acquire, by purchase when purchaseable 1 1 So in original. at prices deemed by him reasonable—otherwise by condemnation under the provisions of section 3113 of title 40 , on behalf of the United States under any fund or moneys available for such purpose, on July 9, 1937 , except from the general fund of the Treasury, any of the following-described lands in the State of California now in private ownership, to wit: Section 25, lots 3, 4, 5, 8, and 9, section 34, northeast quarter, southeast quarter of the northwest quarter, lots 1 to 10, inclusive, section 35, section 36, township 1 south, range 19 east; southeast quarter northwest quarter, east half southwest quarter, southeast quarter, lots 2, 3, and 4, section 30, section 31, township 1 south, range 20 east; sections 1, 2, and 3, east half section 10, sections 11 and 12, north half section 14, northeast quarter section 15, township 2 south, range 19 east; southeast quarter northwest quarter, east half southwest quarter, lots 3 to 7, inclusive, section 6, township 2 south, range 20 east, Mount Diablo meridian. When title to the aforesaid privately owned lands has been vested in the United States, all of the lands described in this section shall be added to and become a part of the Yosemite National Park and shall be subject to all laws and regulations applicable thereto: Provided , That nothing in this section or section 47f of this title shall be construed to affect any valid existing rights.

§ 47f. Inapplicability of certain laws to lands acquired under section 47e

The provisions of the Federal Power Act, as amended [ 16 U.S.C. 791a et seq.], shall not apply to any of the lands added to the Yosemite National Park pursuant to the provisions of section 47e of this title .

§ 460lll–48. Tennessee Valley Authority transfer costs

Any costs incurred by Tennessee Valley Authority associated with the transfer under this part shall be derived from funding described in section 460 lll –49 of this title.

§ 460lll–49. Tennessee Valley Authority transfer funding

• (a) The funding described in this section is funding derived from only 1 or more of the following sources:
  • (1) Nonpower fund balances and collections.
  • (2) Investment returns of the nonpower program.
  • (3) Applied programmatic savings in the power and nonpower programs.
  • (4) Savings from the suspension of bonuses and awards.
  • (5) Savings from reductions in memberships and contributions.
  • (6) Increases in collections resulting from nonpower activities, including user fees.
  • (7) Increases in charges to private and public utilities both investor and cooperatively owned, as well as to direct load customers.
• (b) Funds from the sources described in subsection (a) shall be available notwithstanding section 11, 14, 15, or 29 [ 16 U.S.C. 831j , 831m, 831n, 831bb] or any other provision of the Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831 et seq.) or any provisions of the covenants contained in any power bonds issued by the Tennessee Valley Authority.
• (c) The savings from and the revenue adjustment to the budget of the Tennessee Valley Authority for the first fiscal year of the transfer and each fiscal year thereafter shall be sufficient so that the net spending authority and resulting outlays to carry out activities with funding described in subsection (a) shall not exceed $0 for the first fiscal year of the transfer and each fiscal year thereafter.
• (d)
  • (1) Not later than 30 days after the date of transfer pursuant to section 460 lll –41 of this title, the Chairman of the Tennessee Valley Authority shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate an itemized list of the amounts of reductions in spending and increases in receipts that are proposed to be made as a result of activities under this subsection during the first fiscal year of the transfer.
  • (2) Not later than 24 months after the effective date of the transfer, the Chairman of the Tennessee Valley Authority shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate an itemized list of the amounts of reductions in spending and increases in receipts as a result of activities under this subsection during the first fiscal year of the transfer.

§ 460uu–50. Authorization of appropriations

There is authorized to be appropriated $16,500,000 for the purposes of this subchapter, of which $10,000,000 shall be available for land acquisition in the national monument; $1 million shall be available for development within the national monument; $4 million shall be available for land acquisition within the conservation area; $1 million shall be available for development within the conservation area; and $500,000 shall be available for planning and development of the Masau Trail.

§ 460nnn–51. Establishment of advisory council

• (a) The Secretary shall establish the Steens Mountain Advisory Council to advise the Secretary in managing the Cooperative Management and Protection Area and in promoting the cooperative management under subpart 3 of this part.
• (b) The advisory council shall consist of 12 voting members, to be appointed by the Secretary, as follows:
  • (1) A private landowner in the Cooperative Management and Protection Area, appointed from nominees submitted by the county court for Harney County, Oregon.
  • (2) Two persons who are grazing permittees on Federal lands in the Cooperative Management and Protection Area, appointed from nominees submitted by the county court for Harney County, Oregon.
  • (3) A person interested in fish and recreational fishing in the Cooperative Management and Protection Area, appointed from nominees submitted by the Governor of Oregon.
  • (4) A member of the Burns Paiute Tribe, appointed from nominees submitted by the Burns Paiute Tribe.
  • (5) Two persons who are recognized environmental representatives, one of whom shall represent the State as a whole, and one of whom is from the local area, appointed from nominees submitted by the Governor of Oregon.
  • (6) A person who participates in what is commonly called dispersed recreation, such as hiking, camping, nature viewing, nature photography, bird watching, horse back riding, or trail walking, appointed from nominees submitted by the Oregon State Director of the Bureau of Land Management.
  • (7) A person who is a recreational permit holder or is a representative of a commercial recreation operation in the Cooperative Management and Protection Area, appointed from nominees submitted jointly by the Oregon State Director of the Bureau of Land Management and the county court for Harney County, Oregon.
  • (8) A person who participates in what is commonly called mechanized or consumptive recreation, such as hunting, fishing, off-road driving, hang gliding, or parasailing, appointed from nominees submitted by the Oregon State Director of the Bureau of Land Management.
  • (9) A person with expertise and interest in wild horse management on Steens Mountain, appointed from nominees submitted by the Oregon State Director of the Bureau of Land Management.
  • (10) A person who has no financial interest in the Cooperative Management and Protection Area to represent statewide interests, appointed from nominees submitted by the Governor of Oregon.
• (c) In reviewing nominees submitted under subsection (b) for possible appointment to the advisory council, the Secretary shall consult with the respective community of interest that the nominees are to represent to ensure that the nominees have the support of their community of interest.
• (d)
  • (1) Members of the advisory council shall be appointed for terms of 3 years, except that, of the members first appointed, four members shall be appointed for a term of 1 year and four members shall be appointed for a term of 2 years.
  • (2) A member may be reappointed to serve on the advisory council.
  • (3) A vacancy on the advisory council shall be filled in the same manner as the original appointment.
• (d) The advisory council shall elect a chairperson and establish such rules and procedures as it deems necessary or desirable.
• (e) Members of the advisory council shall serve without pay, but the Secretary shall reimburse members for reasonable expenses incurred in carrying out official duties as a member of the council.
• (f) The Secretary shall provide the advisory council with necessary administrative support and shall designate an appropriate officer of the Bureau of Land Management to serve as the Secretary’s liaison to the council.
• (g) The Secretary shall appoint one person, nominated by the Governor of Oregon, to serve as the State government liaison to the advisory council.
• (h) The advisory committee 2 2 So in original. Probably should be “advisory council”. shall be subject to the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.) and the Federal Advisory Committee Act (5 U.S.C. App.).

§ 460nnn–52. Advisory role in management activities

• (a) The advisory committee 1 1 So in original. Probably should be “advisory council”. shall utilize sound science, existing plans for the management of Federal lands included in the Cooperative Management and Protection Area, and other tools to formulate recommendations for the Secretary regarding—
  • (1) new and unique approaches to the management of lands within the boundaries of the Cooperative Management and Protection Area; and
  • (2) cooperative programs and incentives for seamless landscape management that meets human needs and maintains and improves the ecological and economic integrity of the Cooperative Management and Protection Area.
• (b) The Secretary shall consult with the advisory committee 1 as part of the preparation and implementation of the management plan.
• (c) No recommendations may be presented to the Secretary by the advisory council without the agreement of at least nine members of the advisory council.

§ 460nnn–53. Science committee

The Secretary shall appoint, as needed or at the request of the advisory council, a team of respected, knowledgeable, and diverse scientists to provide advice on questions relating to the management of the Cooperative Management and Protection Area to the Secretary and the advisory council. The Secretary shall seek the advice of the advisory council in making these appointments.

§ 410aaa–54. Soda Springs Desert Study Center

On October 31, 1994 , the Secretary shall enter into a cooperative management agreement with California State University for the purposes of managing facilities at the Soda Springs Desert Study Center. Such cooperative agreement shall ensure continuation of the desert research and educational activities of California State University, consistent with the provisions of this part and laws generally applicable to units of the National Park System.

§ 410aaa–55. Construction of visitor center

The Secretary is authorized to construct a visitor center in the preserve for the purpose of providing information through appropriate displays, printed material, and other interpretive programs, about the resources of the preserve.

§ 410aaa–56. Acquisition of lands

The Secretary is authorized to acquire all lands and interest in lands within the boundary of the preserve by donation, purchase, or exchange, except that—

• (1) any lands or interests therein within the boundary of the preserve which are owned by the State of California, or any political subdivision thereof, may be acquired only by donation or exchange except for lands managed by the California State Lands Commission; and
• (2) lands or interests therein within the boundary of the preserve which are not owned by the State of California or any political subdivision thereof may be acquired only with the consent of the owner thereof unless the Secretary determines, after written notice to the owner and after opportunity for comment, that the property is being developed, or proposed to be developed, in a manner which is detrimental to the integrity of the preserve or which is otherwise incompatible with the purposes of this part: Provided , however, That the construction, modification, repair, improvement, or replacement of a single-family residence shall not be determined to be detrimental to the integrity of the preserve or incompatible with the purposes of this part.

§ 410aaa–57. Acquired lands to be made part of Mojave National Preserve

Any lands acquired by the Secretary under this part shall become part of the Mojave National Preserve.

§ 410aaa–58. Mojave National Preserve Advisory Commission

• (a) The Secretary shall establish an Advisory Commission of no more than fifteen members, to advise the Secretary concerning the development and implementation of a new or revised comprehensive management plan for the Mojave National Preserve.
• (b)
  • (1) The advisory commission shall include an elected official for each County within which any part of the preserve is located, a representative of the owners of private properties located within or immediately adjacent to the preserve, and other members representing persons actively engaged in grazing and range management, mineral exploration and development, and persons with expertise in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park resources and values.
  • (2) Vacancies in the advisory commission shall be filled by the Secretary so as to maintain the full diversity of views required to be represented on the advisory commission.
• (c) The Federal Advisory Committee Act shall apply to the procedures and activities of the advisory commission.
• (d) The advisory commission shall cease to exist ten years after the date of its establishment.

§ 410aaa–59. No adverse effect on land until acquired

Unless and until acquired by the United States, no lands within the boundaries of wilderness areas or National Park System units designated or enlarged by this Act that are owned by any person or entity other than the United States shall be subject to any of the rules or regulations applicable solely to the Federal lands within such boundaries and may be used to the extent allowed by applicable law. Neither the location of such lands within such boundaries nor the possible acquisition of such lands by the United States shall constitute a bar to the otherwise lawful issuance of any Federal license or permit other than a license or permit related to activities governed by section 100903 of title 54 . Nothing in this section shall be construed as affecting the applicability of any provision of section 1865(b) of title 18 , subchapter III of chapter 1007 of title 54, the Clean Air Act ( 42 U.S.C. 7401 et seq.), or regulations applicable to oil and gas development as set forth in 36 CFR 9B.

§ 60. Hunting or fishing prohibited

All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous animals, when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said parks; nor shall any fish be taken out of any of the waters of the said parks, or any one of them, in any other way than by hook and line, and then only at such seasons and such times and manner as may be directed by the Secretary of the Interior.

§ 460nnn–61. Designation of Steens Mountain Wilderness Area

The Federal lands in the Cooperative Management and Protection Area depicted as wilderness on the map entitled “Steens Mountain Wilderness Area” and dated September 18, 2000 , are hereby designated as wilderness and therefore as a component of the National Wilderness Preservation System. The wilderness area shall be known as the Steens Mountain Wilderness Area.

§ 460nnn–62. Administration of Wilderness Area

• (a) The Secretary shall administer the Wilderness Area in accordance with this part and the Wilderness Act ( 16 U.S.C. 1131 et seq.). Any reference in the Wilderness Act to the effective date of that Act (or any similar reference) shall be deemed to be a reference to October 30, 2000 .
• (b) Where a wilderness boundary exists along a road, the wilderness boundary shall be set back from the centerline of the road, consistent with the Bureau of Land Management’s guidelines as established in its Wilderness Management Policy.
• (c) The Secretary shall provide reasonable access to private lands within the boundaries of the Wilderness Area, as provided in section 460nnn–22(d) 1 1 So in original. Probably should be section “460nnn–22(e)”. of this title.
• (d)
  • (1) Except as provided in section 460nnn–23(e)(2) of this title , grazing of livestock shall be administered in accordance with the provision of section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ), in accordance with the provisions of this subchapter, and in accordance with the guidelines set forth in Appendices A and B of House Report 101–405 of the 101st Congress.
  • (2) The Secretary shall permanently retire all grazing permits applicable to certain lands in the Wilderness Area, as depicted on the map referred to in section 460nnn–11(a) of this title , and livestock shall be excluded from these lands.

§ 460nnn–63. Water rights

Nothing in this subchapter shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws.

§ 460nnn–64. Treatment of wilderness study areas

• (a) Except as provided in section 460nnn–92 of this title , any wilderness study area, or portion of a wilderness study area, within the boundaries of the Cooperative Management and Protection Area, but not included in the Wilderness Area, shall remain a wilderness study area notwithstanding the enactment of this subchapter.
• (b) The wilderness study areas referred to in subsection (a) shall continue to be managed under section 1782(c) of title 43 in a manner so as not to impair the suitability of the areas for preservation as wilderness.
• (c) The boundaries of the Basque Hills Wilderness Study Area are hereby expanded to include the Federal lands within sections 8, 16, 17, 21, 22, and 27 of township 36 south, range 31 east, Willamette Meridian. These lands shall be managed under section 1782(c) of title 43 to protect and enhance the wilderness values of these lands.

§ 65. Seizure and forfeiture of guns, traps, teams, horses, etc.

All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within the limits of said parks, or either of them, when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or animals, shall be forfeited to the United States and may be seized by the officers in said parks, or either of them, and held pending prosecution of any person or persons arrested under the charge of violating the provisions of sections 57, 58, and 60 to 65 of this title, and upon conviction such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed therein. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.

§ 460nnn–71. Designation of streams for wild and scenic river status in Steens Mountain Area

• (a)
• (c) Where management requirements for a stream segment described in the amendments made by this section differ between the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq.) and the Wilderness Area, the more restrictive requirements shall apply.

§ 460nnn–72. Donner und Blitzen River Redband Trout Reserve

• (a) The Congress finds the following:
  • (1) Those portions of the Donner und Blitzen River in the Wilderness Area are an exceptional environmental resource that provides habitat for unique populations of native fish, migratory waterfowl, and other wildlife resources, including a unique population of redband trout.
  • (2) Redband trout represent a unique natural history reflecting the Pleistocene connection between the lake basins of eastern Oregon and the Snake and Columbia Rivers.
• (b) The Secretary shall designate the Donner und Blitzen Redband Trout Reserve consisting of the Donner und Blitzen River in the Wilderness Area above its confluence with Fish Creek and the Federal riparian lands immediately adjacent to the river.
• (c) The purposes of the Redband Trout Reserve are—
  • (1) to conserve, protect, and enhance the Donner und Blitzen River population of redband trout and the unique ecosystem of plants, fish, and wildlife of a river system; and
  • (2) to provide opportunities for scientific research, environmental education, and fish and wildlife oriented recreation and access to the extent compatible with paragraph (1).
• (d) The Redband Trout Reserve does not include any private lands adjacent to the Donner und Blitzen River or its tributaries.
• (e)
  • (1) The Secretary shall administer all lands, waters, and interests therein in the Redband Trout Reserve consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq.) and the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq.).
  • (2) In administering the Redband Trout Reserve, the Secretary shall consult with the advisory council and cooperate with the Oregon Department of Fish and Wildlife.
  • (3) To the extent consistent with applicable law, the Secretary shall manage recreational activities in the Redband Trout Reserve in a manner that conserves the unique population of redband trout native to the Donner und Blitzen River.
  • (4) The Secretary shall remove the dam located below the mouth of Fish Creek and above Page Springs if removal of the dam is scientifically justified and funds are available for such purpose.
• (f) The Secretary may work with, provide technical assistance to, provide community outreach and education programs for or with, or enter into cooperative agreements with private landowners, State and local governments or agencies, and conservation organizations to further the purposes of the Redband Trout Reserve.

§ 410aaa–73. Land disposal

Except as provided in section 410aaa–26 of this title , none of the lands within the boundaries of the wilderness or park areas designated under this Act shall be granted to or otherwise made available for use by the Metropolitan Water District or any other agencies or persons pursuant to the Boulder Canyon Project Act ( 43 U.S.C. 617–619b ) or any similar Acts.

§ 410aaa–74. Management of newly acquired lands

Any lands within the boundaries of a wilderness area designated under this Act which are acquired by the Federal Government, shall become part of the wilderness area within which they are located and shall be managed in accordance with all the provisions of this Act and other laws applicable to such wilderness area.

§ 410aaa–75. Native American uses and interests

• (a) The Secretary shall ensure access to areas designated under this Act by members of Indian Tribes for traditional cultural and religious purposes, consistent with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ( 42 U.S.C. 1996 ).
• (b)
  • (1) In accordance with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ( 42 U.S.C. 1996 [, 1996a]), and subject to paragraph (2), the Secretary, on request of an Indian Tribe or Indian religious community, shall temporarily close to general public use any portion of an area designated as a national monument, special management area, wild and scenic river, area of critical environmental concern, or National Park System unit under this Act (referred to in this subsection as a “designated area”) to protect the privacy of traditional cultural and religious activities in the designated area by members of the Indian Tribe or Indian religious community.
  • (2) In closing a portion of a designated area under paragraph (1), the Secretary shall limit the closure to the smallest practicable area for the minimum period necessary for the traditional cultural and religious activities.
• (c)
  • (1) The Secretary, in consultation with the Timbisha Shoshone Tribe and relevant Federal agencies, shall conduct a study, subject to the availability of appropriations, to identify lands suitable for a reservation for the Timbisha Shoshone Tribe that are located within the Tribe’s aboriginal homeland area within and outside the boundaries of the Death Valley National Monument and the Death Valley National Park, as described in part A of this subchapter.
  • (2) Not later than 1 year after October 31, 1994 , the Secretary shall submit a report to the Committee on Energy and Natural Resources and the Committee on Indian Affairs of the United States Senate, and the Committee on Natural Resources of the United States House of Representatives on the results of the study conducted under paragraph (1).
• (d)
  • (1) Not later than 2 years after March 12, 2019 , the Secretary shall develop and implement a Tribal cultural resources management plan to identify, protect, and conserve cultural resources of Indian Tribes associated with the Xam Kwatchan Trail network extending from Avikwaame (Spirit Mountain, Nevada) to Avikwlal (Pilot Knob, California).
  • (2) The Secretary shall consult on the development and implementation of the Tribal cultural resources management plan under paragraph (1) with—
    • (A) each of—
      • (i) the Chemehuevi Indian Tribe;
      • (ii) the Hualapai Tribal Nation;
      • (iii) the Fort Mojave Indian Tribe;
      • (iv) the Colorado River Indian Tribes;
      • (v) the Quechan Indian Tribe; and
      • (vi) the Cocopah Indian Tribe;
    • (B) the Advisory Council on Historic Preservation; and
    • (C) the State Historic Preservation Offices of Nevada, Arizona, and California.
  • (3) The Tribal cultural resources management plan developed under paragraph (1) shall—
    • (A) be based on a completed Tribal cultural resources survey; and
    • (B) include procedures for identifying, protecting, and preserving petroglyphs, ancient trails, intaglios, sleeping circles, artifacts, and other resources of cultural, archaeological, or historical significance in accordance with all applicable laws and policies, including—
      • (i) chapter 2003 of title 54;
      • (ii) Public Law 95–341 (commonly known as the ‘American Indian Religious Freedom Act’) ( 42 U.S.C. 1996 [, 1996a]);
      • (iii) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.);
      • (iv) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.); and
      • (v) Public Law 103–141 (commonly known as the “Religious Freedom Restoration Act of 1993”) ( 42 U.S.C. 2000bb et seq.).
• (e) Subject to valid existing rights, all Federal land within the area administratively withdrawn and known as the “Indian Pass Withdrawal Area” is permanently withdrawn from—
  • (1) all forms of entry, appropriation, or disposal under the public land laws;
  • (2) location, entry, and patent under the mining laws; and
  • (3) right-of-way leasing and disposition under all laws relating to minerals or solar, wind, or geothermal energy.

§ 410aaa–76. Federal reserved water rights

• (a) Except as otherwise provided in section 204 of this Act, with respect to each wilderness area designated by this Act, Congress hereby reserves a quantity of water sufficient to fulfill the purposes of this Act. The priority date of such reserved water rights shall be October 31, 1994 .
• (b) The Secretary and all other officers of the United States shall take all steps necessary to protect the rights reserved by this section, including the filing by the Secretary of a claim for the quantification of such rights in any present or future appropriate stream adjudication in the courts of the State of California in which the United States is or may be joined in accordance with section 666 of title 43 .
• (c) Nothing in this Act shall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of California on or before October 31, 1994 .
• (d) The Federal water rights reserved by this Act are specific to the wilderness area located in the State of California designated under this Act. Nothing in this Act related to the reserved Federal water rights shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation made thereto.

§ 410aaa–77. California State School lands

• (a)
  • (1) The Secretary shall negotiate in good faith to reach an agreement with the California State Lands Commission (referred to in this section as the “Commission”) to exchange Federal lands or interests therein on the list referred to in subsection (b)(2) for California State School lands or interests therein which are located within the boundaries of one or more of the wilderness areas, national monuments, off-highway vehicle recreation areas, or park system units designated by this Act (hereinafter in this section referred to as “State School lands.”).
  • (2) To the maximum extent practicable, not later than 10 years after October 31, 1994 , the Secretary shall reach a land exchange agreement consistent with the requirements of section 206 of the Federal Land Policy and Management Act of 1976 [ 43 U.S.C. 1716 ].
• (b) Within six months after October 31, 1994 , the Secretary shall send to the Commission and to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives a list of the following:
  • (1) State School lands or interests therein (including mineral interests) which are located within the boundaries of the wilderness areas, national monuments, off-highway vehicle recreation areas, or park system units designated by this Act.
  • (2) Lands within the State of California under the jurisdiction of the Secretary that the Secretary determines to be suitable for disposal for exchange, identified in the following priority—
    • (A) lands with mineral interests, including geothermal, which have the potential for commercial development but which are not currently under mineral lease or producing Federal mineral revenues;
    • (B) Federal claims in California managed by the Bureau of Reclamation that the Secretary determines are not needed for any Bureau of Reclamation project; and
    • (C) any public lands in California that the Secretary, pursuant to the Federal Land Policy and Management Act of 1976 [ 43 U.S.C. 1701 et seq.], has determined to be suitable for disposal through exchange.
  • (3) Any other Federal land, or interest therein, within the State of California, which is or becomes surplus to the needs of the Federal Government. The Secretary may exclude, in the Secretary’s discretion, lands located within, or contiguous to, the exterior boundaries of lands held in trust for a federally recognized Indian tribe located in the State of California.
  • (4) The Secretary shall maintain such list and shall annually transmit such list to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives until all of the State School lands identified in paragraph (1) have been acquired.
• (c)
  • (1) Effective upon October 31, 1994 , and until all State School lands identified in paragraph (b)(1) of this section are acquired, no Federal lands or interests therein within the State of California may be disposed of from Federal ownership unless—
    • (A) the Secretary is notified of the availability of such lands or interest therein;
    • (B) the Secretary has notified the Commission of the availability of such lands or interests therein for exchange; and
    • (C) the Commission has not notified the Secretary within six months that it wishes to consider entering into an exchange for such lands or interests therein.
  • (2) If the Commission notifies the Secretary that it wishes to consider an exchange for such lands or interests therein, the Secretary shall attempt to conclude such exchange in accordance with the provisions of this section as quickly as possible.
  • (3) If an agreement is reached and executed with the Commission, then upon notice to the head of the agency having administrative jurisdiction over such lands or interests therein, the Secretary shall be vested with administrative jurisdiction over such land or interests therein for the purpose of concluding such exchange.
  • (4) Upon the acquisition of all State School lands or upon notice by the Commission to the Secretary that it no longer has an interest in such lands or interests therein, such lands or interests shall be released to the agency that originally had jurisdiction over such lands or interests for disposal in accordance with the laws otherwise applicable to such lands or interests.
• (d) The provisions of this section shall not apply to the disposal of property under title II of the Defense Authorization Amendments and Base Closure and Realignment Act ( Public Law 100–526 ; 102 Stat. 2627 ; 10 U.S.C. 2687 note) or the Defense Base Closure and Realignment Act of 1990 ( Public Law 101–510 ; 104 Stat. 1808 ; 10 U.S.C. 2687 note).

§ 410aaa–78. Access to private property

The Secretary shall provide adequate access to nonfederally owned land or interests in land within the boundaries of the conservation units and wilderness areas designated by this Act which will provide the owner of such land or interest the reasonable use and enjoyment thereof.

§ 410aaa–79. Federal facilities fee equity

• (a) It is the intent of Congress that entrance, tourism or recreational use fees for use of Federal lands and facilities not discriminate against any State or any region of the country.
• (b) The Secretary, in cooperation with other affected agencies, shall prepare and submit a report by May 1, 1996 to the Committee on Energy and Natural Resources of the United States Senate, the Committee on Natural Resources of the United States House of Representatives, and any other relevant committees, which shall—
  • (1) identify all Federal lands and facilities that provide recreational or tourism use; and
  • (2) analyze by State and region any fees charged for entrance, recreational or tourism use, if any, on Federal lands or facilities in a State or region, individually and collectively.
• (c) Following completion of the report in subsection (b), the Secretary, in cooperation with other affected agencies, shall prepare and submit a report by May 1, 1997 to the Committee on Energy and Natural Resources of the United States Senate, the Committee on Natural Resources of the United States House of Representatives, and any other relevant committees, which shall contain recommendations which the Secretary deems appropriate for implementing the congressional intent outlined in subsection (a).