Puslapio vaizdai
PDF
„ePub“

1866

WHISKEYTOWN-SHASTA-TRINITY N.R.A.

plan which shall set forth the manner in which and the time by which the property is to be developed and the use to which it is proposed to be put. If upon review of such plan the Secretary determines that the development and use of the property in the manner prescribed conforms to a zoning ordinance approved in accordance with the provisions of this section and that such use and development would serve the purposes of this Act, the Secretary of Agriculture may in his discretion issue to such owner a certificate to that effect. Upon the issuance of any such certificate and so long as such property is developed, maintained, and used in conformity therewith, the authority of the Secretary of Agriculture to acquire such property or any interest therein without the consent of the owner shall be suspended. This subsection shall not apply to any property which the Secretary of Agriculture determines to be needed for easements and rights-of-way for access, utilities, or facilities, or for administrative sites, campgrounds, or other areas needed for use by the United States for visitors to the national recreation area. (79 Stat. 1295; 16 U.S.C. § 460q-1)

ESTABLISHMENT OF UNITS: BOUNDARY DESCRIPTIONS

Sec. 3. (a) When the Secretary of Agriculture determines that sufficient lands, waters, or interest therein are owned or have been acquired by the United States within the boundaries of the Shasta unit or within the boundaries of the Clair Engle-Lewiston unit to permit efficient initial development and administration for the purposes of this Act, he shall publish in the Federal Register a notice to that effect and a detailed description of the boundaries of such unit. (b) When the Secretary of the Interior determines that sufficient lands, waters, or interest therein are owned or have been acquired by the United States within the boundaries of the Whiskeytown unit to permit efficient initial development and administration for the purposes of this Act, he shall publish in the Federal Register a notice to that effect and a detailed description of the boundaries of the unit.

(c) Following the publication of any such notice, the respective Secretaries may continue to acquire the remaining property within the recreation area. (79 Stat. 1297; 16 U.S.C. § 460q-2)

ADMINISTRATION: PRIORITIES

Sec. 4. (a) Each Secretary is authorized and directed to administer the portion of the recreation area under his jurisdiction in a manner coordinated with the other purposes of the Central Valley project and with the purposes of the recreation area as a whole and in such manner as in his judgment will best provide for (1) public outdoor recreation benefits; (2) conservation of scenic, scientific, historic, and other values contributing to public enjoyment; and (3) such management, utilization, and disposal of renewable natural resources as in the judgment of the respective Secretary will promote or is compatible with, and does not significantly impair, public recreation and conservation of scenic, scientific, historic, or other values contributing to public enjoyment. Such administration shall be carried out under land and water use management

WHISKEYTOWN-SHASTA-TRINITY N.R.A.

1867

plans which each Secretary shall prepare and may from time to time revise in consultation with the other.

(b) In the administration of the portion of the recreation area under his jurisdiction—

(1) the Secretary of Agriculture shall utilize statutory authorities relating to the national forests in such manner as he deems appropriate to carry out the purposes of this Act; and

(2) the Secretary of the Interior may utilize such statutory authorities relating to areas of the national park system and such statutory authority otherwise available to him for the conservation and development of natural resources as he deems appropriate to carry out the purposes of this Act. (79 Stat. 1298; 16 U.S.C. § 460q-3)

HUNTING AND FISHING

Sec. 5. Each Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the recreation area in accordance with the applicable laws of the State of California and of the United States: Provided, That each 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 not compatible with hunting or fishing. Regulations prescribing any such restrictions shall be issued after consultation with the California Department of Fish and Game. (79 Stat. 1298; 16 U.S.C. § 460q-4)

MINERAL DEVELOPMENT

Sec. 6. The lands within the recreation area, subject to valid existing rights, are hereby withdrawn from location, entry, and patent under the United States mining laws. The Secretary of the Interior, under such regulations as he deems appropriate, may permit the removal of the nonleasable minerals from lands or interests in lands under his jurisdiction within the recreation area in the manner prescribed by section 10 of the Act of August 4, 1939, as amended (53 Stat. 1196; 43 U.S.C. 387), and from those under the jurisdiction of the Secretary of Agriculture within the recreation area in accordance with the provisions of section 3 of the Act of September 1, 1949 (63 Stat. 683; 30 U.S.C. 192c), and he may permit the removal of leasable minerals from lands or interests in lands within the recreation area in accordance with the Mineral Leasing Act of February 25, 1920, as amended (30 U.S.C. 181 et seq.), or the Acquired Lands Mineral Leasing Act of August 7, 1947 (30 U.S.C. 351 et seq.), if he finds that such disposition would not have significant adverse effects on the purposes of the Central Valley project or the administration of the recreation area: Provided, That any lease or permit respecting such minerals in lands administered by the Secretary of Agriculture shall be issued only with his consent and subject to such conditions as he may prescribe.

All receipts derived from permits and leases issued under the authority of this section on lands administered by the Secretary of Agriculture shall be paid into the same funds or accounts in the Treasury of the United States and shall be distributed in the same manner as provided for other receipts from the lands

1868

WHISKEYTOWN-SHASTA-TRINITY N.R.A.

affected by the lease or permit, except that any receipts derived from permits or leases issued on those or other lands in the recreation area under the Mineral Leasing Act of February 25, 1920, as amended, or the Act of August 7, 1947, shall be disposed of as provided in the applicable Act; and receipts from the disposition of nonleasable minerals from public lands under the jurisdiction of the Secretary of the Interior shall be disposed of in the same manner as moneys received from the sale of public lands. (79 Stat. 1298; 16 U.S.C. § 460q-5)

EXPLANATORY NOTES

References in the Text. Section 10 of the Act of August 4, 1939, as amended, 53 Stat. 1196, 43 U.S.C. § 387, referred to in the text, authorizes the Secretary of the Interior to permit the removal from certain lands or interests in lands of sand, gravel and other minerals and building materials with or without competitive bidding. Removals may be permitted without charge by a public agency for use on roads and streets within a reclamation project. Authority is also given to the granting of necessary leases, licenses, easements and rights-of-way. The 1939 Act appears herein in chronological order.

Reference in the Text. Section 3 of the Act of September 1, 1949, 63 Stat. 683, 30 U.S.C. § 192c, referred to in the text, authorizes the Secretary of the Interior to issue leases or permits for the exploration, development and utilization of mineral deposits in certain lands in the Shasta National Forest. Such leases or permits in lands administered by the Secretary of Agriculture may be issued only with his consent and subject to such conditions as he may prescribe.

STATE JURISDICTION

Sec. 7. Nothing in this Act shall deprive any State or political subdivision thereof of its right to exercise civil and criminal jurisdiction within the recreation area or of its right to tax persons, corporations, franchises, or property, including mineral or other interests, in or on lands or waters within the recreation area. (79 Stat. 1299; 16 U.S.C. § 460q-6)

ADDITIONS TO THE SHASTA AND TRINITY NATIONAL FORESTS

Sec. 8. The exterior boundaries of the Shasta National Forest in the State of California are hereby extended to include the lands described in the Act of March 19, 1948 (62 Stat. 83), and sections 22 and 27, township 35 north, range 1 west, Mount Diablo base and meridian. The exterior boundaries of the Trinity National Forest in the State of California are hereby extended to include all of sections 4, 5, and 8, the east half and the northwest quarter of section 6, the east half of section 7, the northwest quarter of section 17, and the northeast quarter of section 18, township 33 north, range 8 west, Mount Diablo base and meridian. Subject to any valid claim or entry now existing and hereafter legally maintained, all public lands of the United States and all lands of the United States heretofore or hereafter acquired or reserved for use in connection with the Shasta, Clair Engle, or Lewiston Reservoirs of the Central Valley project within the exterior boundaries of the Shasta and Trinity National Forests which have not heretofore been added to and made a part of such forests, and all lands of the United States acquired for the purposes of the recreation area in the Shasta or Clair Engle-Lewiston units are hereby added to and made a part of

WHISKEYTOWN-SHASTA-TRINITY N.R.A.

1869

the respective national forests within which they are situated: Provided, That lands within the flow lines of any reservoir operated and maintained by the Department of the Interior or otherwise needed or used for the operation of the Central Valley project shall continue to be administered by the Secretary of the Interior to the extent he determines to be required for such operation. (79 Stat. 1299; 16 U.S.C. § 460q-7)

Sec. 9. [Disposal of revenues.]-Revenues and fees obtained by the United States from operation of the national recreation area shall be subject to the same statutory provisions concerning the disposition thereof as are similar revenues collected in areas of the national park system except that fees and revenues obtained from mineral development and from activities under other public land laws within the recreation area shall be disposed of in accordance with the provisions of the applicable laws. (79 Stat. 1300; 16 U.S.C. § 460q-8) Sec. 10. [Appropriation.]—There are hereby authorized to be appropriated for the acquisition of lands and interests in land pursuant to the provisions of this Act not more than $21,600,000. There are also authorized to be appropriated not more than $22,700,000 for the development of recreation facilities pursuant to the provisions of this Act. (79 Stat. 1300; 16 U.S.C. § 460q-9)

EXPLANATORY NOTES

Editor's Note, Annotations. Annotations of opinions are not included because none were found dealing primarily with the activities of the Bureau of Reclamation under this statute.

Legislative History. H.R. 797, Public Law 89-336 in the 89th Congress. Reported

in House from Interior and Insular Affairs June 21, 1965; H.R. Rept. No. 535. Passed House July 12, 1965. Reported in Senate from Interior and Insular Affairs Oct. 20, 1965; S. Rept. No. 922. Passed Senate Oct. 21, 1965.

1870

THIRD POWERPLANT, GRAND COULEE DAM

An act to authorize the Secretary of the Interior to construct, operate, and maintain a third powerplant at the Grand Coulee Dam, Columbia Basin project, Washington, and for other purposes. (Act of June 14, 1966, Public Law 89-448, 80 Stat. 200) [Sec. 1. Third powerplant at Grand Coulee Dam authorized-Interest rates.]-(a) The Secretary of the Interior is hereby authorized to construct, operate, and maintain a third powerplant with a rated capacity of approximately three million six hundred thousand kilowatts, and necessary appurtenant works, including a visitor center, at Grand Coulee Dam as an addition to and an integral part of the Columbia Basin Federal reclamation project. The construction cost of the third powerplant allocated to power and associated with each stage of development shall be repaid with interest within fifty years from the time that stage becomes revenue producing. The interest rate used for computing interest during construction and interest on the unpaid balance of the cost allocated to power shall be determined by the Secretary of the Treasury as of the beginning of the fiscal year in which the initial request for appropriations for the construction of the third powerplant is made, by computing the average interest rate payable by the Treasury on all interest-bearing marketable public debt obligations of the United States then outstanding which, upon original issue, had terms to maturity of fifteen years or more, and by adjusting such average rate to the next lowest multiple of one-eighth of one per centum.

(b) Construction of the third powerplant may be undertaken in such stages as in the determination of the Secretary will effectuate the fullest, most beneficial, and most economic utilization of the waters of the Columbia River. (80 Stat. 200)

EXPLANATORY NOTE

Authorization. The construction of the Grand Coulee Dam was authorized by section 2 of the Rivers and Harbors Act of August 30, 1935 (49 Stat. 1039). It was reauthorized and the project named the

Columbia Basin Federal reclamation project by the Act of March 10, 1943. Extracts from the 1935 Act and the full text of the 1943 Act appear herein in chronological order.

Sec. 2. [Consolidated financial statement for Columbia River power system-Adjustment of rates—Financial assistance to Pacific Northwest reclamation projects from net revenues of Federal Columbia River power systems.]— (a) The Secretary of the Interior shall prepare, maintain, and present annually to the President and the Congress a consolidated financial statement for all projects heretofore or hereafter authorized, including the third powerplant at Grand Coulee Dam, from or by means of which commercial power and energy is marketed through the facilities of the Federal Columbia River power system and for all other projects associated therewith to the extent that the costs of these projects are required by law to be charged to and returned from net revenues derived from the power and energy, or any power and energy, so marketed, and he shall, if said consolidated statement indicates that the reimbursable construc

« AnkstesnisTęsti »