§ 460ff-3. — 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: 16USC460ff-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XC--CUYAHOGA VALLEY NATIONAL PARK
Sec. 460ff-3. Administration
(a) Provisions applicable; utilization of authorities for conservation
and management of wildlife and natural resources
The Secretary shall administer the park in accordance with the
provisions of sections 1, 2, 3, and 4 of this title, as amended and
supplemented. In the administration of the park, the Secretary may
utilize such statutory authority available to him for the conservation
and management of wildlife and natural resources as he deems appropriate
to carry out the purposes of this subchapter.
(b) Federal-State cooperative agreements for police and fire protection
The Secretary may enter into cooperative agreements with the State
of Ohio, or any political subdivision thereof, for the rendering, on a
reimbursable basis, of rescue, firefighting, and law enforcement
services and cooperative assistance by nearby law enforcement and fire
preventive agencies.
(c) Water resource developments; restoration of vegetative cover to
eliminate erosion
(1) The authority of the Secretary of the Army to undertake or
contribute to water resource development, including erosion control and
flood control, on land or waters within the park shall be exercised in
accordance with plans which are mutually acceptable to the Secretary of
the Interior and the Secretary of the Army and which are consistent with
both the purposes of this subchapter and the purposes of existing
statutes dealing with water and related land resource development.
(2) The Secretary is authorized and directed, in cooperation with
the Secretary of Agriculture, the State of Ohio, and affected local
governments, to undertake a program of and treatment for the purpose of
restoring suitable vegetative cover to substantially eliminate erosion
from all lands, public and private, within the authorized boundaries of
the park. In the case of any private lands, within such authorized
boundaries such treatment may be undertaken only with the consent of the
owner thereof and shall be contingent upon assurances that such land
treatment will be maintained by the owner for a period of not less than
ten years. The Secretary shall, in conjunction with such program, take
such actions as may be required to correct areas of ecological
degradation which create hazards to health and safety.
(d) Inventory and evaluation of historical, cultural and architectural
sites and structures; programs for preservation, restoration,
interpretation and utilization
The Secretary, in consultation with the Governor of the State of
Ohio, shall inventory and evaluate all sites and structures within the
park having present and potential historical, cultural, or architectural
significance and shall provide for appropriate programs for the
preservation, restoration, interpretation, and utilization of them.
(e) Donations for services and facilities
Notwithstanding any other provision of law, the Secretary is
authorized to accept donations of funds, property, or services from
individuals, foundations, corporations, or public entities for the
purposes of providing services and facilities which he deems consistent
with the purposes of this subchapter.
(f) Zoning laws and ordinances; consultation and assistance with local
government or intergovernmental organization in establishment;
objectives; technical aid
The Secretary may, on his own initiative, or at the request of any
local government (or intergovernmental organization) having jurisdiction
over land located within or adjacent to the park, assist and consult
with the appropriate officers and employees of such local government (or
intergovernmental organization) in establishing zoning laws or
ordinances which will assist in achieving the purposes of this
subchapter. In providing assistance pursuant to this subsection, the
Secretary shall endeavor to obtain provisions in such zoning laws or
ordinances which--
(1) have the effect of prohibiting the commercial and industrial
use (other than a use for commercial farms and orchards) of all real
property adjacent to the park;
(2) aid in preserving the character of the park by appropriate
restrictions on the use of real property in the vicinity including,
but not limited to, restrictions upon: building and construction of
all types; signs and billboards; the burning of cover; cutting of
timber (except tracts managed for sustained yield); removal of
topsoil, sand, or gravel; dumping, storage, or piling of refuse; or
any other use which would detract from the aesthetic character of
the park; and
(3) have the effect of providing that the Secretary shall
receive notice of any hearing for the purpose of granting a variance
and any variance granted under, and of any exception made to, the
application of such law or ordinance.
Assistance under this subsection may include payments for technical aid.
(Pub. L. 93-555, Sec. 4, Dec. 27, 1974, 88 Stat. 1787; Pub. L. 95-625,
title III, Sec. 315(e), Nov. 10, 1978, 92 Stat. 3483; Pub. L. 99-658,
title I, Sec. 104(j)(1), Nov. 14, 1986, 100 Stat. 3677; Pub. L. 106-291,
title I, Sec. 149(c)(2), Oct. 11, 2000, 114 Stat. 956.)
Amendments
2000--Pub. L. 106-291 substituted ``park'' for ``recreation area''
wherever appearing.
1986--Subsec. (c). Pub. L. 99-658 designated existing provision as
par. (1) and added par. (2).
1978--Subsec. (f). Pub. L. 95-625 inserted in introductory text
``(or intergovernmental organization)'' after ``local government'' in
two places, and last sentence providing that assistance may include
payments for technical aid.
Appropriations for Roads
Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 996, as amended
by Pub. L. 106-291, title I, Sec. 149(b), Oct. 11, 2000, 114 Stat. 956,
provided in part that: ``appropriations for maintenance and improvement
of roads within the boundary of the Cuyahoga Valley National Park shall
be available for such purposes without regard to whether title to such
road rights-of-way is in the United States''.
Section Referred to in Other Sections
This section is referred to in section 460ff-5 of this title.
