Part B—Joshua Tree National Park
§410aaa–21. Findings
The Congress finds that—
(1) a proclamation by President Franklin Roosevelt in 1936 established Joshua Tree National Monument to protect various objects of historical and scientific interest;
(2) Joshua Tree National Monument today is recognized as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors;
(3) the monument boundaries as modified in 1950 and 1961 exclude and thereby expose to incompatible development and inconsistent management, contiguous Federal lands of essential and superlative natural, ecological, archeological, paleontological, cultural, historical, and wilderness values;
(4) Joshua Tree National Monument should be enlarged by the addition of contiguous Federal lands of national park caliber, and afforded full recognition and statutory protection as a National Park; and
(5) the nondesignated wilderness within Joshua Tree should receive statutory protection by designation pursuant to the Wilderness Act [
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Editorial Notes
References in Text
The Wilderness Act, referred to in par. (5), is
§410aaa–22. Establishment
There is hereby established the Joshua Tree National Park, (hereinafter in this section referred to as the "park"), as generally depicted on a map entitled "Joshua Tree National Park Boundary—Proposed", dated May 1991, and four maps entitled "Joshua Tree National Park Boundary and Wilderness", numbered in the title one through four, and dated October 1991 or prior, which shall be on file and available for public inspection in the offices of the Superintendent of the park and the Director of the National Park Service, Department of the Interior. The Joshua Tree National Monument is hereby abolished as such, the lands and interests therein are hereby incorporated within and made part of the new Joshua Tree National Park, and any funds available for purposes of the monument shall be available for purposes of the park.
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Statutory Notes and Related Subsidiaries
Boundary Adjustment and Administration, Joshua Tree National Park
"(a)
"(1) the approximately 2,879 acres of land managed by the Bureau of Land Management that are depicted as 'BLM Proposed Boundary Addition' on the map entitled 'Joshua Tree National Park Proposed Boundary Additions', numbered 156/149,375, and dated November 1, 2018; and
"(2) the approximately 1,639 acres of land that are depicted as 'MDLT Proposed Boundary Addition' on the map entitled 'Joshua Tree National Park Proposed Boundary Additions', numbered 156/149,375, and dated November 1, 2018.
"(b)
"(c)
"(1)
"(A) as part of Joshua Tree National Park; and
"(B) in accordance with applicable laws (including regulations).
"(2)
"(A) depicted on the map entitled 'Joshua Tree National Park Boundary Adjustment Map', numbered 156/80,049, and dated April 1, 2003;
"(B) added to Joshua Tree National Park by the notice of the Department of the Interior of August 28, 2003 (68 Fed. Reg. 51799); and
"(C) more particularly described as lots 26, 27, 28, 33, and 34 in sec. 34, T. 1 N., R. 8 E., San Bernardino Meridian.
"(d)
"(1)
"(2)
"(A) Southern California Edison Company energy transport facilities, including the energy transport facilities referred to as the Jellystone, Burnt Mountain, Whitehorn, Allegra, and Utah distribution circuits rights-of-way; or
"(B) an energy transport facility in rights-of-way issued, granted, or permitted by the Secretary adjacent to Southern California Edison Joshua Tree Utility Facilities.
"(3)
[For definition of "Secretary" as used in section §1433(a)–(d) of
§410aaa–23. Transfer and administration of lands
On October 31, 1994, the Secretary shall transfer the lands under the jurisdiction of the Bureau of Land Management depicted on the maps described in
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Editorial Notes
References in Text
The Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (
1 See References in Text note below.
§410aaa–24. Maps and legal description
Within six months after October 31, 1994, the Secretary shall file maps and legal 1 description of the park with 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. Such maps and legal description shall have the same force and effect as if included in this part, except that the Secretary may correct clerical and typographical errors in such legal description and maps. The maps and legal description shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.
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1 So in original. Probably should be "a legal".
§410aaa–25. Withdrawal
Subject to valid existing rights, all Federal lands within the park are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing, and mineral materials, and all amendments thereto.
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§410aaa–26. Utility rights-of-way
Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities in such right-of-way, issued, granted, or permitted to the Metropolitan Water District pursuant to the Boulder Canyon Project Act (
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Editorial Notes
References in Text
The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42,
Section 601(a)(2), referred to in text, is section 601(a)(2) of
Act of June 18, 1932 (
§410aaa–27. Joshua Tree National Park Advisory Commission
(a) Establishment
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 Joshua Tree National Park.
(b) Membership
(1) The advisory commission shall include an elected official for each County within which any part of the park is located, a representative of the owners of private properties located within or immediately adjacent to the park, 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) Applicability of chapter 10 of title 5
(d) Termination
The advisory commission shall cease to exist ten years after the date of its establishment.
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Editorial Notes
Amendments
2022—Subsec. (c).
§410aaa–28. Visitor center
(a) In general
The Secretary may acquire not more than 5 acres of land and interests in land, and improvements on the land and interests, outside the boundaries of the park, in the unincorporated village of Joshua Tree, for the purpose of operating a visitor center.
(b) Boundary
The Secretary shall modify the boundary of the park to include the land acquired under this section as a noncontiguous parcel.
(c) Administration
Land and facilities acquired under this section—
(1) may include the property owned (as of March 12, 2019) by the Joshua Tree National Park Association and commonly referred to as the "Joshua Tree National Park Visitor Center";
(2) shall be administered by the Secretary as part of the park; and
(3) may be acquired only with the consent of the owner, by donation, purchase with donated or appropriated funds, or exchange.
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Statutory Notes and Related Subsidiaries
"Secretary" Defined
Section 103 of