§ 410ii-5. — Administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410ii-5]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-G--CHACO CULTURE NATIONAL HISTORICAL PARK
Sec. 410ii-5. Administration
(a) Laws governing
The Secretary shall administer the park in accordance with the
provisions of this subchapter and the provisions of law generally
applicable to the administration of units of the National Park System,
including sections 1, 2, 3, and 4 of this title, and sections 461 to 467
of this title.
(b) Protection, preservation, and maintenance of cultural resources
The Secretary shall protect, preserve, maintain, and administer the
Chaco Culture Archeological Protection Sites, in a manner that will
preserve the Chaco cultural resource and provide for its interpretation
and research. Such sites shall be managed by the Secretary in accordance
with the provisions of this subchapter and the provisions of law
generally applicable to public lands as defined in section 1702(e) of
title 43: Provided, however, That lands held in trust by the Secretary
for an Indian tribe or any individual member thereof, or held in
restricted fee status shall continue to be so managed or held by the
Secretary.
(c) Activities endangering cultural values prohibited
No activities shall be permitted upon the upper surface of the
archeological protection sites which shall endanger their cultural
values. For the purposes of this subchapter, upper surface shall be
considered to extend to a depth of twenty meters below ground level.
Nothing in this subchapter shall be deemed to prevent exploration and
development of subsurface oil and gas, mineral, and coal resources from
without the sites which does not infringe upon the upper surface of the
sites.
(d) Livestock grazing permitted
Nothing in this subchapter shall be deemed to prevent the
continuation of livestock grazing on properties which are the subject of
cooperative agreements.
(e) General management plan; transmittal to Congress
Within three complete fiscal years from December 19, 1980, the
Secretary shall transmit to the Committee on Interior and Insular
Affairs of the United States House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate, a general
management plan for the identification, research, and protection of the
park, pursuant to the provisions of section 1a-7(b) of this title, to be
developed by the Director, National Park Service, in consultation with
the Directors, Bureau of Land Management and Bureau of Indian Affairs
and the Governor, State of New Mexico, and a joint management plan for
the identification, research, and protection of the archeological
protection sites, to be developed by the Director, National Park
Service, in consultation and concurrence with the Directors, Bureau of
Land Management and Bureau of Indian Affairs, and the Governor, State of
New Mexico.
(f) Assistance to Navajo Nation
The Secretary, acting through the Director of the National Park
Service, shall assist the Navajo Nation in the protection and management
of those Chaco Culture Archeological Protection Sites located on land
under the jurisdiction of the Navajo Nation through a grant, contract,
or cooperative agreement entered into pursuant to the Indian Self-
Determination and Education Act (Public Law 93-638), as amended [25
U.S.C. 450 et seq.], to assist the Navajo Nation in site planning,
resource protection, interpretation, resource management actions, and
such other purposes as may be identified in such grant, contract, or
cooperative agreement. This cooperative assistance shall include
assistance with the development of a Navajo facility to serve those who
seek to appreciate the Chacoan Outlier Sites.
(Pub. L. 96-550, title V, Sec. 506, Dec. 19, 1980, 94 Stat. 3229; Pub.
L. 104-11, Sec. 5, May 18, 1995, 109 Stat. 159.)
References in Text
The Indian Self-Determination and Education Act, referred to in
subsec. (f), probably means the Indian Self-Determination and Education
Assistance Act, Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended,
which is classified principally to subchapter II (Sec. 450 et seq.) of
chapter 14 of Title 25, Indians. For complete classification of this Act
to the Code, see Short Title note set out under section 450 of Title 25
and Tables.
Amendments
1995--Subsec. (f). Pub. L. 104-11 added subsec. (f).
Change of Name
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the House
of Representatives on Jan. 5, 1993, by House Resolution No. 5, One
Hundred Third Congress. Committee on Natural Resources of House of
Representatives treated as referring to Committee on Resources of House
of Representatives by section 1(a) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
