
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460aaa-2]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
         SUBCHAPTER CXII--GRAND ISLAND NATIONAL RECREATION AREA
 
Sec. 460aaa-2. Administration


(a) Administration

    Subject to valid existing rights, the Secretary of Agriculture 
(hereafter in this subchapter referred to as the ``Secretary'') shall 
administer the national recreation area in accordance with the laws, 
rules, and regulations applicable to the National Forest System in 
furtherance of the purposes for which the national recreation area was 
established.

(b) Special management requirements

    The national recreation area also shall be administered according to 
the following special management requirements:
        (1) Subject to such terms and conditions as may be prescribed by 
    the Secretary, including the protection of threatened and endangered 
    species and the protection of other natural, cultural, and scenic 
    values, owners of privately owned land and homes within the national 
    recreation area shall be afforded access across National Forest 
    System lands.
        (2) Consistent with section 460aaa-6 of this title, and the 
    purposes of this subchapter, the Secretary shall provide for and 
    maintain traditional public access, including vehicular roads for 
    general recreational activities such as camping, hiking, hunting, 
    fishing, and trapping.
        (3) The Secretary shall permit the use of snowmobiles on Federal 
    lands in the national recreation area in accordance with the rules 
    and regulations of the National Forest System and consistent with 
    the management plan developed pursuant to section 460aaa-6 of this 
    title. Such use shall be regulated to protect the resources of the 
    national recreation area in a way that minimizes the degradation of 
    these resources.
        (4) Timber management shall be utilized only as a tool to 
    enhance public recreation, scenic quality, game and nongame wildlife 
    species, and the protection and enhancement of threatened, 
    endangered, or sensitive species. Trees damaged or downed due to 
    fire, insects, disease, or blowdown may be utilized, salvaged, or 
    removed from the recreation area as authorized by the Secretary to 
    further the purposes of the national recreation area.
        (5) The Secretary shall, after acquiring fee title to at least 
    10,000 acres of land on Grand Island, provide reasonable water 
    transportation from the mainland to Grand Island. Transportation may 
    be provided through concession, permit, or other means, and a 
    reasonable charge may be imposed. Transportation shall be subject to 
    reasonable regulation by the Secretary and shall not be required 
    when the Secretary deems it to be unsafe because of factors such as 
    weather and water conditions.
        (6) The Secretary shall provide through concession, permit, or 
    other means docking and lodge facilities consistent with the 
    management plan developed pursuant to section 460aaa-6 of this 
    title.
        (7) The Secretary shall take reasonable actions to provide for 
    public health and safety and for the protection of the national 
    recreation area in the event of fire or infestation of insects or 
    disease.
        (8) Under the authority of the Act of March 4, 1915, as amended 
    (16 U.S.C. 497), the Secretary shall, as a condition of acquisition, 
    issue occupancy and use permits for any privately owned home as of 
    the date of Federal acquisition of the land within the national 
    recreation area on which the home is located. Any such permit shall 
    be issued for an initial period of 20 years and shall be renewed 
    thereafter for successive 20-year periods so long as the permittee 
    is in compliance with the purposes of this subchapter, the terms of 
    the permit, and other applicable rules and regulations. Any such 
    permit shall be issued in accordance with the laws, rules, and 
    regulations of the Secretary pertaining to the National Forest 
    System, except that such permit shall be subject to the following 
    special provisions:
            (A) Such permit may only be issued to the owner of such home 
        as of the date of Federal acquisition of the property, such 
        owner's spouse, the children, stepchildren, and grandchildren of 
        such owner and spouse, and their direct lineal descendants 
        (natural or adopted offspring).
            (B) Only noncommercial recreation occupancy may be 
        permitted.
            (C) The Secretary shall collect fees on an annual basis 
        based on the fair market value of the occupancy permitted.
            (D) The expansion, remodeling, or reconstruction of such 
        homes shall be subject to approval of and regulation by the 
        Secretary. No expansion, remodeling, or reconstruction may 
        increase the height of structure or result in an increase of 
        more than 25 percent of the sum of the exterior dimensions of a 
        structure as it existed on May 17, 1990. Any expansion, 
        remodeling, or reconstruction shall be consistent with the 
        criteria developed pursuant to section 460aaa-6(b)(4) of this 
        title and shall be subject to such other terms and conditions as 
        the Secretary may prescribe.
            (E) Any such home may be purchased at the fair market value 
        of the structure and improvements by the Secretary on a willing 
        seller basis.
            (F) The permit may be terminated at any time for failure to 
        comply with its terms and conditions and applicable regulations 
        without cost to the Federal Government in accordance with the 
        permit.
            (G) After termination of any such permit, if any 
        improvements or property are not removed by their owner within 
        one year of the termination, they shall become the property of 
        the Federal Government.

        (9) Solely for purposes of payments pursuant to section 6904 of 
    title 31, lands on Grand Island acquired by the United States after 
    January 1, 1990 shall be considered to have been acquired for 
    addition to a National Forest Wilderness Area (national forest 
    portion of the National Wilderness Preservation System).

(Pub. L. 101-292, Sec. 3, May 17, 1990, 104 Stat. 185.)

                       References in Text

    Act of March 4, 1915, referred to in subsec. (b)(8), is act Mar. 4, 
1915, ch. 144, 38 Stat. 1086, as amended. For complete classification of 
this Act to the Code, see Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 460aaa-3, 460aaa-6 of this 
title.
