16 U.S.C. § 460yy–1 — Plan and management

submitted 38 years ago by Pub. L. 100-696 to r/title-16-CONSERVATION · 921 words · no verdicts yet

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The Secretary must write and share a management plan for the City of Rocks Reserve in Idaho. If state or local governments protect the reserve well enough, the Secretary can hand over management to them. The law also protects water rights, blocks mining, and allows up to $2,000,000 in funding.

(a) Development of plan: The Secretary, through the National Park Service, must work with state and federal agencies, local governments, and local residents to write a full plan protecting, preserving, and explaining the reserve. The plan must mark out areas best suited for: (1) public use and development; (2) protecting historic and natural features; and (3) private use, controlled by local rules that protect the area's historic, rural feel. (b) Transmittal of plan to Congress and State: Within 18 months after November 18, 1988, the Secretary must send the plan to the President of the Senate, the Speaker of the House, and the Governor of Idaho. (c) Transfer of management and administration to State or local units of government: Once the state or local governments that control land use in the reserve pass rules the Secretary believes will protect the reserve's historic and natural features under the plan, the Secretary must, through a cooperative agreement: (1) hand over management of some or all land bought under subsection (d) to the state or local government; (2) give them technical help managing, protecting, and explaining the reserve; and (3) make regular grants — on top of any other funding they're entitled to — to help carry out this law's goals. (d) Acquisition of land: (1) The Secretary can buy or accept land needed for this law's goals, by donation, purchase, or exchange, but cannot force a full purchase without the owner's consent. If an owner says continued ownership is causing real hardship, the Secretary must seriously consider buying. (2) Land in the reserve that the Forest Service or Bureau of Land Management ran before November 18, 1988, moves to the Secretary and National Park Service. (3) As long as the United States manages the land, it must follow the Act of August 25, 1916 (39 Stat. 535), as updated, and this law's purpose. (e) Withdrawal of management and administration from State or local units of government: If, after handing management to a state or local government, the Secretary decides the reserve isn't being run the way this law requires, the Secretary must warn the officials in charge and give them 180 days to fix their laws and rules. If the fixes still aren't enough after that, the Secretary must take management back and run the reserve directly. (f) Water rights: Congress finds that water in the reserve is a special case. Idaho has promised to supply the water the reserve needs, so there's little need for the federal government to claim a water right. This law does not create any new federal water right — except that the United States keeps the water right tied to the national forest land that's being transferred into the reserve. (g) Withdrawal of lands from disposition under other laws: Except for valid existing rights, federal land in the reserve cannot be given away under public land laws, claimed under mining laws, leased under mineral leasing laws, or used under the Geothermal Steam Act of 1970. (h) Authorization of appropriations: Congress may spend up to $2,000,000 to carry out this law.

the actual law source: uscode.house.gov ↗public domain

(a) Development of plan

To achieve the purpose of this subchapter, the Secretary, acting through the National Park Service, in cooperation with appropriate State and Federal agencies, local units of government and local residents shall formulate a comprehensive plan for the protection, preservation, and interpretation of the reserve. The plan shall identify those areas or zones within the reserve which would most appropriately be devoted to—

(1)

public use and development;

(2)

historic and natural preservation; and

(3)

private use subject to appropriate local ordinances designed to protect the historic rural setting.

(b) Transmittal of plan to Congress and State

Within eighteen months following November 18, 1988, the Secretary shall transmit the plan to the President of the Senate and the Speaker of the House of Representatives and to the Governor of the State of Idaho.

At such time as the State or appropriate units of local government having jurisdiction over land use within the reserve have enacted ordinances or established regulations which in the judgment of the Secretary will protect and preserve the historic and natural features of the area in accordance with the comprehensive plan, the Secretary shall, pursuant to cooperative agreement—

(1)

transfer management and administration over all or any part of the property acquired under subsection (d) of this section to the State or appropriate units of local government;

(2)

provide technical assistance to such State or units of local government in the management, protection, and interpretation of the reserve; and

(3)

make periodic grants, which shall be supplemental to any other funds to which the grantee may be entitled under any other provision of law, to such State or local unit of government to carry out the purposes of this subchapter.

(d) Acquisition of land

(1)

The Secretary is authorized to acquire such lands and interests as he determines are necessary to accomplish the purposes of this subchapter by donation, purchase with donated funds, or appropriated funds, or exchange, except that the Secretary may not acquire the fee simple title to any land without the consent of the owner. The Secretary shall, in addition, give prompt and careful consideration to any offer made by an individual owning property within the reserve 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.

(2)

Lands and waters, and interests therein, within the boundaries of the reserve which were administered by the Forest Service, United States Department of Agriculture or the Bureau of Land Management, Department of the Interior prior to November 18, 1988, are hereby transferred to the administrative jurisdiction of the Secretary to be administered by the National Park Service in accordance with this subchapter.

(3)

Lands and interest therein so acquired shall, so long as responsibility for management and administration remains with the United States, be administered by the Secretary subject to the provisions of the Act of August 25, 1916 (39 Stat. 535),1 as amended and supplemented, and in a manner consistent with the purpose of this subchapter.

(e) Withdrawal of management and administration from State or local units of government

If, after the transfer of management and administration of any lands pursuant to subsection (c) of this section, the Secretary determines that the reserve is not being managed in a manner consistent with the purposes of this subchapter, he shall so notify the appropriate officers of the State or local unit of government to which such transfer was made and provide for a one hundred and eighty-day period in which the transferee may make such modifications in applicable laws, ordinances, rules, and procedures as will be consistent with such purposes. If, upon the expiration of such one hundred and eighty-day period, the Secretary determines that such modifications have not been made or are inadequate, he shall withdraw the management and administration from the transferee and he shall manage such lands in accordance with the provisions of this subchapter.

(f) Water rights

Congress finds that there are unique circumstances with respect to the water and water related resources within the Reserve 2 designated by this subchapter. The Congress recognizes that the management of this area may be transferred to the State of Idaho, that the State has committed to providing the water necessary to fulfill the purposes of this subchapter, and that there is little or no water or water-related resources that require the protection of a Federal reserved water right. Nothing in this subchapter, nor any action taken pursuant thereto, shall constitute either an express or implied reservation of water or water right for any purpose: Provided, That the United States shall retain that reserved water right which is associated with the initial establishment and withdrawal of the national forest lands which will be transferred to the Reserve 2 under this subchapter.

(g) Withdrawal of lands from disposition under other laws

Subject to valid existing rights, Federal lands and interests therein, within the reserve, are hereby withdrawn from disposition under the public land laws and from entry or appropriation under the mining laws of the United States, from the operation of the mineral leasing laws of the United States, and from operation of the Geothermal Steam Act of 1970, as amended [30 U.S.C. 1001 et seq.].

(h) Authorization of appropriations

There is hereby authorized to be appropriated not to exceed $2,000,000 to carry out the provisions of this subchapter.

Source credit: (Pub. L. 100–696, title II, § 202, Nov. 18, 1988, 102 Stat. 4574.)

history & why it existsrecord from the source credit

1988Enacted · Pub. L. 100-696 · 102 Stat. 4574

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-696 on 1988-11-18.

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