[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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
