Collapse to view only § 460yy-1. Plan and management
§ 460yy. Establishment
(a) In general
(b) Area included
(c) Legal description
(Pub. L. 100–696, title II, § 201, Nov. 18, 1988, 102 Stat. 4573.)
§ 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
(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 the Act of August 25, 1916 (39 Stat. 535),1
1 See References in Text note below.
as amended and supplemented, and in a manner consistent with the purpose of this subchapter.(e) Withdrawal of management and administration from State or local units of government
(f) Water rights
(g) Withdrawal of lands from disposition under other laws
(h) Authorization of appropriations
(Pub. L. 100–696, title II, § 202, Nov. 18, 1988, 102 Stat. 4574.)