Collapse to view only § 460aa-14. Separability

§ 460aa. Establishment
(a) In general
(b) Boundaries; publication in Federal Register
(Pub. L. 92–400, § 1, Aug. 22, 1972, 86 Stat. 612.)
§ 460aa–1. Administration
(a) Recreation area
(b) Wilderness area
(Pub. L. 92–400, § 2, Aug. 22, 1972, 86 Stat. 612.)
§ 460aa–2. Acquisition of land
(a) Authority of Secretary; manner; limitation; “scenic easement” defined
(b) Offers of land; hardship from acquisition delays
(c) Condemnation proceedings
(d) Exchange of property; cash equalization payments
(e) Mineral interests
(f) State lands
(g) Transfer from Federal agency to administrative jurisdiction of Secretary
(h) Condemnation authority
(Pub. L. 92–400, § 3, Aug. 22, 1972, 86 Stat. 612.)
§ 460aa–3. Private land, regulations
(a) Use, subdivision and development standards; detail and specificity; land differences; amendment; promulgation; civil actions: jurisdiction, complaint, declaratory judgment
(b) Condemnation restriction; acquisitions limitation
(Pub. L. 92–400, § 4, Aug. 22, 1972, 86 Stat. 613.)
§ 460aa–4. Repealed. Pub. L. 114–46, title I, § 108(a), Aug. 7, 2015, 129 Stat. 480
§ 460aa–5. Cooperation with other agencies in development and operation of facilities and services; Stanley, restoration

The Secretary may cooperate with other Federal agencies, with State and local public agencies, and with private individuals and agencies in the development and operation of facilities and services in the area in furtherance of the purposes of this subchapter, including, but not limited to, the restoration and maintenance of the historic setting and background of the frontier ranch-type town of Stanley.

(Pub. L. 92–400, § 6, Aug. 22, 1972, 86 Stat. 614.)
§ 460aa–6. State civil and criminal jurisdiction

Nothing in this subchapter shall diminish, enlarge, or modify any right of the State of Idaho, or any political subdivision thereof, to exercise civil and criminal jurisdiction within the recreation area or of rights to tax persons, corporations, franchises, or property, including mineral or other interests, in or on lands or waters within the recreation area.

(Pub. L. 92–400, § 7, Aug. 22, 1972, 86 Stat. 614.)
§ 460aa–7. Hunting and fishing regulations

The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the boundaries of the recreation area in accordance with applicable laws of the United States and the State of Idaho, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, or public use and enjoyment. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department.

(Pub. L. 92–400, § 8, Aug. 22, 1972, 86 Stat. 614.)
§ 460aa–8. Federal-State water rights

The jurisdiction of the State and the United States over waters of any stream included in the recreation area shall be determined by established principles of law. Under the provisions of this subchapter, any taking by the United States of a water right which is vested under either State or Federal law at the time of enactment of this subchapter shall entitle the owner thereof to just compensation. Nothing in this subchapter shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws.

(Pub. L. 92–400, § 9, Aug. 22, 1972, 86 Stat. 614.)
§ 460aa–9. Mining restriction; Federal lands withdrawn from location, entry, and patent under United States mining laws

Subject to valid existing rights, all Federal lands located in the recreation area are hereby withdrawn from all forms of location, entry, and patent under the mining laws of the United States.

(Pub. L. 92–400, § 10, Aug. 22, 1972, 86 Stat. 614.)
§ 460aa–10. Land surface protection; regulations

The Congress hereby recognizes and declares the need to take action to regulate the use of, and protect the surface values of, the Federal lands in the recreation area, and directs that rules and regulations necessary to carry out this section shall be promulgated and issued by the Secretary of Agriculture after consultation with the Secretary of the Interior. Such regulations shall include, when deemed necessary, provisions for control of the use of motorized and mechanical equipment for transportation over, or alteration of, the surface of such Federal land in connection with any authorized activities on such land, including but not limited to mineral prospecting, exploration, or development operations.

(Pub. L. 92–400, § 11, Aug. 22, 1972, 86 Stat. 614.)
§ 460aa–11. Patents; restriction on issuance

Patents shall not hereafter be issued for locations and claims heretofore made in the recreation area under the mining laws of the United States.

(Pub. L. 92–400, § 12, Aug. 22, 1972, 86 Stat. 615.)
§ 460aa–12. Authorization of appropriations; availability of land and water conservation fund money

There are authorized to be appropriated for the purposes of this subchapter not more than $47,802,000 for the acquisition of lands and interests in lands and not more than $26,241,000 for development. Money appropriated from the land and water conservation fund shall be available for the acquisition of lands, waters, and interests therein within the recreation area.

(Pub. L. 92–400, § 13, Aug. 22, 1972, 86 Stat. 615; Pub. L. 95–625, title II, § 202, Nov. 10, 1978, 92 Stat. 3473.)
§ 460aa–13. Area analysis for park or park administrative unit proposal
(a) Report to Congress
(b) Considerations manifested in report to CongressHis report shall show that in making the aforesaid recommendations he took into consideration, among other things—
(1) the feasible alternative uses of the land and the long- and short-term effect of such alternative uses upon, but not limited to, the following—
(A) the State and local economy,
(B) the natural and cultural environment,
(C) the management and use of water resources,
(D) the management of grazing, timber, mineral, and other commercial activities,
(E) the management of fish and wildlife resources,
(F) the continued occupancy of existing homesites, campsites, commercial and public recreation enterprises, and other privately owned properties and the future development of the same,
(G) the interrelation between recreation areas, wilderness areas and park lands, and
(2) the establishment of a national park in the mountain peaks and upland areas together with such portions of the national recreation area as may be necessary and appropriate for the proper administration and public use of and access to such parks lands, leaving the valleys and low-lying lands available for multiple-use purposes.
(c) Master plan, cost estimates and proposed legislation for establishment of park administrative unit
(d) Authorization of appropriations
(Pub. L. 92–400, § 14, Aug. 22, 1972, 86 Stat. 615.)
§ 460aa–14. Separability

If any provision of this subchapter is declared to be invalid, such declaration shall not affect the validity of any other provision of this subchapter.

(Pub. L. 92–400, § 15, Aug. 22, 1972, 86 Stat. 615.)