“Secretary” defined; statement of purposes; boundaries; acquisition of outside sites for administrative, visitor orientation, and recreation facilities
Public Law 90–4831
Transfer of responsibility for planning, acquisition, and development, and administrative jurisdiction to Secretary of the Interior; boundary revisions; acreage limitation
39 Stat. 53516 U.S.C. 12
Acquisition of property; tracts; exchange and disposal of property; transfer from Federal agency to administrative jurisdiction of Secretary; residential property, right of use and occupancy; fair market value; transfer or assignment; lifetime residence of tenant or spouse; accrual of obligation or rental to United States; “improved property” defined; mineral rights
Hunting, fishing, and trapping; rules and regulations after consultations with State agencies
The Secretary, and the Secretary of the Interior after jurisdiction over the National Area has been transferred to him under subsection (b) of this section, shall permit hunting, fishing, and trapping on lands and waters under his jurisdiction within the boundaries of the National Area in accordance with applicable Federal and State laws, except that he may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any rules and regulations of the Secretary or the Secretary of the Interior pursuant to this subsection shall be put into effect only after consultation with the appropriate State agency responsible for hunting, fishing, and trapping activities.
Gorge areas division: restrictions, limited motorboat access, operation and maintenance of rail line, access routes, maintenance of roads for nonvehicular traffic, ingress and egress of residents, protection of values; adjacent areas division: restrictions, boundaries; Rugby area; Federal consultations with involved agencies respecting development and management of adjacent National Area; Blue Heron Mine community, restoration; rail and alternative transportation study; report to Congress
Improvement of charit creek lodge and historic structures .—
Federal power and water resources projects; license and other restrictions; limitations inapplicable to external areas
41 Stat. 106316 U.S.C. 791aThe Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act () as amended ( et seq.), within or directly affecting the National Area and no department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which the National Area was established. Nothing contained in the preceding sentence shall preclude licensing of, or assistance to, developments below or above the National Area or on any stream tributary thereto which will not invade the National Area or unreasonably diminish the scenic, recreation, and fish and wildlife values present in the area on . No department or agency of the United States shall recommend authorization of any water resources project that would have a direct and adverse effect on the values for which the National Area was established, or request appropriations to begin construction of any such project, whether heretofore or hereafter authorized, without advising the Secretary or the Secretary of the Interior, after jurisdiction over the National Area has been transferred to him under subsection (b) of this section, in writing of its intention so to do at least sixty days in advance, and without specifically reporting to the Congress in writing at the time it makes its recommendations or request in what respect construction of such project would be in conflict with the purposes of this section and would affect the National Area and the values to be protected under this section.
Transportation facilities; study and establishment
The Secretary shall study transportation facilities in the region served by the National Area and shall establish transportation facilities to enhance public access to the National Area. In this connection the Secretary is authorized to acquire and maintain public roads, other than State highways, necessary to serve the public use facilities within the National Area, and to establish and maintain, at Federal cost an interior and circulating road system sufficient to meet the purposes of this section. Any existing public road, which at the time of its acquisition continues to be a necessary and essential part of the county highway system, may, upon mutual agreement between the Secretary and the owner of such road, be relocated outside of the National Area and if not so relocated such road shall be maintained at Federal expense and kept open at all times for general travel purposes. Nothing in this subsection shall abrogate the right of egress and ingress of those persons who may remain in occupancy under subsection (c) of this section. Nothing in this subsection shall preclude the adjustment, relocation, reconstruction, or abandonment of State highways situated in the National Area, with the concurrence of the agency having the custody of such highways upon entering into such arrangements as the Secretary or the Secretary of the Interior, after jurisdiction over the National Area has been transferred to him under subsection (b) of this section, deems appropriate and in the best interest of the general welfare.
New River plan and programs; transmittal to Congress
In furtherance of the purpose of this subsection the Secretary in cooperation with the Secretary of Agriculture, the heads of other Federal departments and agencies involved, and the State of Tennessee and its political subdivisions, shall formulate a comprehensive plan for that portion of the New River that lies upstream from United States Highway Numbered 27. Such plan shall include, among other things, programs to enhance the environment and conserve and develop natural resources, and to minimize siltation and acid mine drainage. Such plan, with recommendations, including those as to costs and administrative responsibilities, shall be completed and transmitted to the Congress within one year from .
Water quality protection; interagency cooperation
4
Real and personal property tax losses; reimbursement; authorization of appropriations
Authorization of appropriations; prohibition of appropriation from Land and Water Conservation Fund
There are authorized to be appropriated $156,122,000 to carry out the provisions of this section, other than subsection (j) of this section. Costs for the National Area shall be provided in the same manner as costs for national recreation areas administered by the Secretary of the Interior through the National Park Service.
Pub. L. 93–251, title I, § 10888 Stat. 43Pub. L. 94–587, § 18490 Stat. 2940Pub. L. 95–91, title IV, § 402(a)(1)(A)91 Stat. 583Pub. L. 99–662, title XI, § 1110100 Stat. 4231Pub. L. 101–561, § 1104 Stat. 2778(, , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
section 218 of Pub. L. 90–48382 Stat. 749Section 218 of the Flood Control Act of 1968, referred to in subsec. (a), is , , , which was not classified to the Code.
39 Stat. 53516 U.S.C. 1act Aug. 25, 1916, ch. 40839 Stat. 535section 100101 of Title 54section 1865(a) of Title 18Pub. L. 113–287128 Stat. 3094section 100101 of Title 54The Act of (; , 2–4), referred to in subsec. (b), is , , known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under , National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as , Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by , §§ 3, 4(a)(1), 7, , , 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 .
act June 10, 1920, ch. 28541 Stat. 1063section 791a of this titleThe Federal Power Act, referred to in subsec. (f), is , , which is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see and Tables.
Codification
Pub. L. 94–587In subsec. (c)(1), “public ownership on ,” substituted for “public ownership at the time of enactment of this section” for purposes of codification, , being date of approval of .
63 Stat. 37740 U.S.C. 471Pub. L. 107–217, § 5(c)116 Stat. 1303Pub. L. 111–350, § 6(c)124 Stat. 3854In subsec. (c)(1), “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” substituted for “the Federal Property and Administrative Services Act of 1949 (; et seq.), as amended” on authority of , , , which Act enacted Title 40, Public Buildings, Property, and Works, and , , , which Act enacted Title 41, Public Contracts.
Amendments
Pub. L. 101–561, § 1(a)39 Stat. 53516 U.S.C. 139 Stat. 53516 U.S.C. 139 Stat. 53516 U.S.C. 11990—Subsec. (b). , struck out par. (1) designation, substituted “Effective upon , responsibility for all planning, acquisition, and development, as well as administrative jurisdiction over all Federal lands, water, interests therein, and improvements thereon, within the National Area is hereby transferred to the Secretary of the Interior. The Secretary may complete all acquisition and development activities in progress on , and the Secretary and the Secretary of the Interior may, by mutual agreement, provide for an orderly and phased assumption of responsibilities (including but not limited to land acquisition and the construction of necessary access roads, day-use facilities, campground facilities, lodges, and administrative buildings) and available funds by the Secretary of the Interior in furtherance of the purposes of this section. The Secretary of the Interior shall administer the National Area in accordance with the provisions of the Act of (; , 2–4), as amended and supplemented. The authorities set forth in this section which were available to the Secretary immediately prior to , shall after , be available to the Secretary of the Interior.” for “The Secretary shall establish the National Area by publication of notice thereof in the Federal Register when he determines that the United States has acquired an acreage within the boundaries of the National Area that is efficiently administrable for the purposes of this section. After publication of notice, and after he has completed the construction of necessary access roads, day-use facilities, campground facilities, lodges, and administrative buildings, the Secretary shall transfer the jurisdiction of the National Area to the Secretary of the Interior who shall administer the National Area in accordance with the provisions of the Act of (; , 2–4), as amended and supplemented.”, struck out at end of par. (1) “The Secretary may, prior to the transfer to the Secretary of the Interior, revise the boundaries from time to time, but the total acreage within such boundaries shall not exceed one hundred and twenty-five thousand acres.”, and struck out par. (2) which read as follows: “The Secretary may by agreement with the Secretary of the Interior provide for interim management by the Department of the Interior, in accordance with the provisions of the Act of () (, 2–4) as amended and supplemented, of any portion or portions of the project which constitute a logically and efficiently administrable area. The Secretary is authorized to transfer funds to the Department of the Interior for the costs of such interim management out of funds appropriated for the project.”
Pub. L. 101–561, § 1(b)Subsec. (e)(2)(A). , substituted “No structures shall be constructed within the gorge area except for structures associated with the improvement of historical sites specified in paragraphs (5), (6), and (8), except for day-use facilities and primitive campgrounds along the primary and secondary access routes specified herein and within 500 feet of such roads, and except for primitive campgrounds accessible only by water or on foot. No motorized transportation shall be allowed in the gorge area except on designated access routes, existing routes for administration of the National Area, existing routes for access to cemeteries; except that motorboat access into the gorge area shall be permitted up to a point one-tenth of a mile downstream from Devils’ Jumps and except for the continued operation and maintenance of the rail line currently operated and known as the K & T Railroad. The Secretary of the Interior shall impose limitations on the use of existing routes for access to cemeteries.” for “No structures shall be constructed within the gorge except for reconstruction and improvement of the historical sites specified in paragraphs (5) and (6) of this subsection and except for necessary day-use facilities along the primary and secondary access routes specified herein and within five hundred feet of such roads, and except for primitive campgrounds accessible only by water or on foot. No motorized transportation shall be allowed in the gorge area except on designated access routes and except that motorboat access into the gorge area shall be permitted up to a point one-tenth of a mile downstream from Devil’s Jumps; and except for the continued operation and maintenance of the rail line currently operated and known as the K & T Railroad.”
Pub. L. 101–561, § 1(c)Subsec. (e)(2)(D). , substituted “nonmotorized” for “nonvehicular”.
Pub. L. 101–561, § 1(d)Subsec. (e)(8). , added par. (8).
Pub. L. 101–561, § 1(e)Subsec. (k). , substituted “Costs for the National Area shall be provided in the same manner as costs for national recreation areas administered by the Secretary of the Interior through the National Park Service” for “No moneys shall be appropriated from the Land and Water Conservation Fund to carry out the purposes of this section”.
Pub. L. 99–6621986—Subsec. (k). substituted “$156,122,000” for “$103,522,000”.
Pub. L. 94–587, § 184(a)1976—Subsec. (a). , provided for acquisition of outside sites for administrative, visitor orientation, and recreation facilities.
Pub. L. 94–587, § 184(b)Subsec. (b). , designated existing provisions as par. (1) and added par. (2).
Pub. L. 94–587, § 184(c)Subsec. (c)(1). , inserted “which were in public ownership on ,” after “political subdivisions thereof”.
Pub. L. 94–587, § 184(d)Subsec. (e)(2)(A). , provided for motorboat access into the gorge area, continued operation and maintenance of the rail line, and acquisition by the Secretary of an interest in the rail line easement for protection of scenic, esthetic, and recreational values of the gorge area and the adjacent areas.
Pub. L. 94–587, § 184(e)Subsec. (e)(2)(C). , authorized construction of a secondary access road upon the road entering the gorge across from the mouth of Station Camp Creek.
Pub. L. 94–587, § 184(f)Subsec. (k). , substituted “$103,522,000” for “$32,850,000”.
Statutory Notes and Related Subsidiaries
Transfer of Functions
Pub. L. 95–91, § 402(a)(1)(A)section 7172(a)(1)(A) of Title 42“Federal Energy Regulatory Commission” substituted for “Federal Power Commission” in subsec. (f) pursuant to , which is classified to , The Public Health and Welfare.
16 U.S.C. 792The Federal Power Commission was terminated, and its functions with regard to licenses and permits for dams, reservoirs, or other works for development and improvement of navigation and for development and utilization of power across, along, from, or in navigable waters under part I of Federal Power Act ( et seq.) were transferred to the Federal Energy Regulatory Commission by sections 7172(a)(1)(A) and 7293 of Title 42.