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16 U.S.C. § 410ii–5Administration

submitted 46 years ago by Pub. L. 96-550 to r/title-16-CONSERVATION · 568 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must run the park under standard National Park Service law and manage the protection sites to preserve their Chacoan cultural resources. Nothing below 20 meters deep may be disturbed, but grazing and remote oil, gas, and mineral work outside that zone may continue. The Secretary must send Congress management plans within three years and help the Navajo Nation protect the sites on its land.

(a) Laws governing The Secretary must run the park under this subchapter and the laws generally applying to units of the National Park System, including the Act of August 25, 1916 and the Act of August 21, 1935. (b) Protection, preservation, and maintenance of cultural resources The Secretary must protect, preserve, maintain, and administer the Chaco Culture Archeological Protection Sites to preserve their Chacoan cultural resources and support their interpretation and research, following this subchapter and the laws generally applying to public lands under section 1702(e) of title 43 — except that land the Secretary holds in trust for a tribe or individual member, or held in restricted-fee status, keeps being managed or held that way. (c) Activities endangering cultural values prohibited No activity may happen on the "upper surface" of the archeological protection sites — defined as down to 20 meters below ground — that would endanger their cultural values. Nothing here stops exploring or developing subsurface oil, gas, mineral, and coal resources from outside the sites, as long as it does not reach the upper surface of the sites. (d) Livestock grazing permitted Nothing here stops continued livestock grazing on properties covered by cooperative agreements. (e) General management plan; transmittal to Congress Within three full fiscal years of December 19, 1980, the Secretary must send Congress — the House Interior and Insular Affairs Committee and the Senate Energy and Natural Resources Committee — a general management plan, under section 100502 of title 54, for identifying, researching, and protecting the park, developed by the National Park Service Director with the Bureau of Land Management and Bureau of Indian Affairs Directors and New Mexico's Governor; and a joint management plan for the archeological protection sites, developed the same way with those same agencies' agreement. (f) Assistance to Navajo Nation Acting through the National Park Service Director, the Secretary must help the Navajo Nation protect and manage the Chaco Culture Archeological Protection Sites on Navajo Nation land, through a grant, contract, or cooperative agreement under the Indian Self-Determination and Education Act, covering site planning, resource protection, interpretation, resource management, and other identified purposes, including help developing a Navajo facility for visitors to the Chacoan Outlier Sites.
the actual law source: uscode.house.gov ↗public domain
(a) Laws governing

The Secretary shall administer the park in accordance with the provisions of this subchapter and the provisions of law generally applicable to the administration of units of the National Park System, including the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4),1 and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–7).1

(b) Protection, preservation, and maintenance of cultural resources

The Secretary shall protect, preserve, maintain, and administer the Chaco Culture Archeological Protection Sites, in a manner that will preserve the Chaco cultural resource and provide for its interpretation and research. Such sites shall be managed by the Secretary in accordance with the provisions of this subchapter and the provisions of law generally applicable to public lands as defined in section 1702(e) of title 43: Provided, however, That lands held in trust by the Secretary for an Indian tribe or any individual member thereof, or held in restricted fee status shall continue to be so managed or held by the Secretary.

(c) Activities endangering cultural values prohibited

No activities shall be permitted upon the upper surface of the archeological protection sites which shall endanger their cultural values. For the purposes of this subchapter, upper surface shall be considered to extend to a depth of twenty meters below ground level. Nothing in this subchapter shall be deemed to prevent exploration and development of subsurface oil and gas, mineral, and coal resources from without the sites which does not infringe upon the upper surface of the sites.

(d) Livestock grazing permitted

Nothing in this subchapter shall be deemed to prevent the continuation of livestock grazing on properties which are the subject of cooperative agreements.

(e) General management plan; transmittal to Congress

Within three complete fiscal years from December 19, 1980, the Secretary shall transmit 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 general management plan for the identification, research, and protection of the park, pursuant to the provisions of section 100502 of title 54, to be developed by the Director, National Park Service, in consultation with the Directors, Bureau of Land Management and Bureau of Indian Affairs and the Governor, State of New Mexico, and a joint management plan for the identification, research, and protection of the archeological protection sites, to be developed by the Director, National Park Service, in consultation and concurrence with the Directors, Bureau of Land Management and Bureau of Indian Affairs, and the Governor, State of New Mexico.

(f) Assistance to Navajo Nation

The Secretary, acting through the Director of the National Park Service, shall assist the Navajo Nation in the protection and management of those Chaco Culture Archeological Protection Sites located on land under the jurisdiction of the Navajo Nation through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Act (Public Law 93–638), as amended [25 U.S.C. 5301 et seq.], to assist the Navajo Nation in site planning, resource protection, interpretation, resource management actions, and such other purposes as may be identified in such grant, contract, or cooperative agreement. This cooperative assistance shall include assistance with the development of a Navajo facility to serve those who seek to appreciate the Chacoan Outlier Sites.

Source credit: (Pub. L. 96–550, title V, § 506, Dec. 19, 1980, 94 Stat. 3229; Pub. L. 104–11, § 5, May 18, 1995, 109 Stat. 159.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-550 · 94 Stat. 3229
  • 1995Amended · Pub. L. 104-11 · 109 Stat. 159

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-550 on 1980-12-19.

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