
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460yy-1]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
              SUBCHAPTER CX--CITY OF ROCKS NATIONAL RESERVE
 
Sec. 460yy-1. Plan and management


(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

    (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 
sections 1, 2, 3, and 4 of this title, 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 \1\ 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 \1\ under this subchapter.
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    \1\ So in original. Probably should not be capitalized.
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(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.

(Pub. L. 100-696, title II, Sec. 202, Nov. 18, 1988, 102 Stat. 4574.)

                       References in Text

    The public land laws, referred to in subsec. (g), are classified 
generally to Title 43, Public Lands.
    The mining laws and the mineral leasing laws of the United States, 
referred to in subsec. (g), are classified generally to Title 30, 
Mineral Lands and Mining.
    The Geothermal Steam Act of 1970, referred to in subsec. (g), is 
Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, as amended, which is 
classified generally to chapter 23 (Sec. 1001 et seq.) of Title 30. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 1001 of Title 30 and Tables.


               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 sections 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''.
