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

Summary

The Secretary of the Interior, through the National Park Service, must make a full plan to protect, preserve, and explain the reserve. The Secretary must work with State and Federal agencies, local governments, and residents. The plan must show which parts of the reserve are best for public use and development, which are best for historic and natural protection, and which can remain private but follow local rules. The plan must be sent to the President of the Senate, the Speaker of the House, and the Governor of Idaho within 18 months after November 18, 1988. When the State or local governments pass rules that the Secretary thinks will protect the reserve, the Secretary may transfer management of federal lands acquired here to them by agreement. The Secretary may also give technical help and periodic grants that add to other funds. The Secretary can buy or accept land gifts, trade land, or use donated funds, but cannot buy full ownership of someone’s land without the owner’s consent. Lands managed by the Forest Service or BLM before November 18, 1988, move to National Park Service control. If the Secretary finds a State or local manager is not protecting the reserve, the Secretary will warn them, give 180 days to fix things, and can take back management. Nothing in the law creates a new federal water right except the reserved water right tied to the original national forest lands being transferred. Federal lands in the reserve are withdrawn from public land, mining, mineral leasing, and geothermal laws, subject to valid existing rights. Up to $2,000,000 is authorized to carry out the law.

Title 16, §460yy–1

Conservation, Source: USLM XML via OLRC

(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.

(c)Transfer of management and administration to State or local units of government

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

(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), as amended and supplemented, and in a manner consistent with the purpose 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 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 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act of August 25, 1916 (39 Stat. 535), referred to in subsec. (d)(3), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted section 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and section 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. The Geothermal Steam Act of 1970, referred to in subsec. (g), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566, which is classified generally to chapter 23 (§ 1001 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see

Short Title

note set out under section 1001 of Title 30 and Tables.

Statutory Notes and Related Subsidiaries

Permission To Hunt on Reserve; Restrictions Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1923, provided that: “with respect to lands and waters under the jurisdiction of the Secretary of the Interior within the City of Rocks National Reserve established by title II of Public Law 100–696 [enacting section 460yy and 460yy–1 of this title], the Secretary shall hereafter permit hunting in accordance with the otherwise applicable laws of the United States and the State of Idaho, except that he may designate zones where and periods when no hunting may be permitted for reasons of public safety, administration, floral and faunal protection and management, or public use and enjoyment: Provided further, That except in emergencies, any regulation prescribing such restrictions shall be put into effect only after consultation with the appropriate State agency having jurisdiction over hunting activities”.

§460yy–1 Plan and Management