16 USC 460 - Permits for facilities and services

Collapse to view only § 460jj-3. Permits for facilities and services

§ 460jj. Establishment
§ 460jj-1. Land acquisition
§ 460jj-2. Hunting and fishing
§ 460jj-3. Permits for facilities and services
§ 460jj-4. Application of State water laws
§ 460jj-5. Filing of maps
§ 460jj-6. State civil and criminal jurisdiction
§ 460jj-7. Authorization of appropriations

§ 460jj. Establishment

(a) In general

(b) Administration

The Secretary shall administer the Arapaho National Recreation Area, in accordance with the laws and regulations applicable to the national forests, in such a manner as will best provide for—

(1) public recreation and enjoyment;

(2) the conservation and development of the scenic, natural, historic, and pastoral values of the area;

(3) the management, utilization, and disposal of natural resources such as timber, grazing, and mineral resources so that their utilization will not substantially impair the purposes for which the recreation area is established; and

(4) the management of water quality in the recreation area consistent with the development of needed water supply and waste-water systems, including the control of aquatic vegetation in the streams, lakes, and reservoirs within the recreation area.

(Pub. L. 95–450, § 4, Oct. 11, 1978, 92 Stat. 1095; Pub. L. 111–11, title I, § 1955(b), Mar. 30, 2009, 123 Stat. 1075.)

§ 460jj–1. Land acquisition

(a) Determination of necessity; “scenic easement” defined

(1) The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, exchange, or bequest, any lands or lesser interests therein, including mineral interests and scenic easements, which the Secretary determines are needed to establish and manage the Arapaho National Recreation Area. In determining what private property is needed to establish and manage the Arapaho National Recreation Area the Secretary shall utilize the approved county zoning plan to identify those properties whose use or intended use is not in conformance with the overall intent of this subchapter.

(2) As used in this section, the term “scenic easement” means the right to control the use of land in order to carry out this subchapter, but shall not preclude the continuation of any use that is compatible with the overall management plan for the Arapaho National Recreation Area developed pursuant to subsection (c) of section 460jj of this title.

(b) Privately owned land

(d) State land

(e) Transfer of Federal land

(Pub. L. 95–450, § 5, Oct. 11, 1978, 92 Stat. 1096.)

§ 460jj–2. Hunting and fishing

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

(Pub. L. 95–450, § 6, Oct. 11, 1978, 92 Stat. 1097.)

§ 460jj–3. Permits for facilities and services

The Secretary shall cooperate with other Federal agencies, with State and local public agencies, and with private individuals and organizations in the issuance of permits for facilities and services in the Arapaho National Recreation Area and the development and operation of those facilities and services.

(Pub. L. 95–450, § 7, Oct. 11, 1978, 92 Stat. 1097.)

§ 460jj–4. Application of State water laws

The jurisdiction of the State of Colorado and the United States over waters of any stream included in the Arapaho National Recreation Area shall be determined by established principles of law. 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. 95–450, § 8, Oct. 11, 1978, 92 Stat. 1097.)

§ 460jj–5. Filing of maps

As soon as practicable after October 11, 1978, the Secretary shall file a map and legal description of the Indian Peaks Wilderness Area and the Arapaho National Recreation Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives and such description shall have the same force and effect as if included in this subchapter, except that correction of any clerical or typographical errors in such map and description may be made. Such map and the map entitled “Indian Peaks Wilderness Area and Arapaho National Recreation Area”, dated July 1978, shall be on file and made available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture.

(Pub. L. 95–450, § 9, Oct. 11, 1978, 92 Stat. 1097.)

§ 460jj–6. State civil and criminal jurisdiction

Nothing in this subchapter shall diminish, enlarge, or modify any right of the State of Colorado, or any political subdivision thereof, to exercise civil and criminal jurisdiction within the Indian Peaks Wilderness Area or the Arapaho National Recreation Area or of rights to tax persons, franchises, or property, including mineral or other interests, in or on lands or waters within those areas.

(Pub. L. 95–450, § 10, Oct. 11, 1978, 92 Stat. 1098.)

§ 460jj–7. Authorization of appropriations

Effective October 1, 1979, there are authorized to be appropriated to carry out sections 1 through 10 of this Act $5,000,000 for the acquisition of lands and interests in lands and $5,000,000 for water quality and recreation development. Moneys appropriated from the Land and Water Conservation Fund shall be available for the acquisition of lands and interests therein within the Arapaho National Recreation Area.

(Pub. L. 95–450, § 11, Oct. 11, 1978, 92 Stat. 1098.)