Collapse to view only § 460ff-2. Land acquisition plan
- § 460ff. Establishment
- § 460ff-1. Acquisition of land
- § 460ff-2. Land acquisition plan
- § 460ff-3. Administration
- § 460ff-4. Repealed.
- § 460ff-5. Authorization of appropriations; master plan
§ 460ff. Establishment
For the purpose of preserving and protecting for public use and enjoyment, the historic, scenic, natural, and recreational values of the Cuyahoga River and the adjacent lands of the Cuyahoga Valley and for the purpose of providing for the maintenance of needed recreational open space necessary to the urban environment, the Cuyahoga Valley National Park, hereafter referred to as the “park”, shall be established within six months after December 27, 1974. In the management of the park, the Secretary of the Interior (hereafter referred to as the “Secretary”) shall utilize the park resources in a manner which will preserve its scenic, natural, and historic setting while providing for the recreational and educational needs of the visiting public.
(Pub. L. 93–555, § 1, Dec. 27, 1974, 88 Stat. 1784; Pub. L. 106–291, title I, § 149(c), Oct. 11, 2000, 114 Stat. 956.)
§ 460ff–1. Acquisition of land
(a) Composition and boundaries; boundary revisions; certain specific property
(b) Manner of acquisition; scenic easements; donation of State lands; private lands essential to area; transfer of Federal property to Secretary
(c) Scenic easements or other interests in improved property; prerequisites to acquisition of fee title
(d) Acquired lands partly outside boundaries; exchange for non-Federal lands within boundaries; report to General Services Administration for disposal
(e) “Improved property” defined; determination by Secretary
(f) Retention by owner of right of use and occupancy for noncommercial residential or agricultural purposes; terms; payment of fair market value; termination by Secretary for use inconsistent with statutory purpose
(g) Offers to sell by owners claiming undue hardship
(Pub. L. 93–555, § 2, Dec. 27, 1974, 88 Stat. 1784; Pub. L. 94–578, title III, § 323(a), Oct. 21, 1976, 90 Stat. 2742; Pub. L. 95–625, title III, § 315(a), (d), (f), Nov. 10, 1978, 92 Stat. 3483; Pub. L. 96–87, title IV, § 401(g), Oct. 12, 1979, 93 Stat. 666; Pub. L. 99–606, § 16, Nov. 6, 1986, 100 Stat. 3468; Pub. L. 102–431, § 1, Oct. 23, 1992, 106 Stat. 2211; Pub. L. 103–437, § 6(a)(5), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 106–291, title I, § 149(b), (c)(2), Oct. 11, 2000, 114 Stat. 956.)
§ 460ff–2. Land acquisition plan
(a) Submission to Congressional committees; time; contents
Within one year after December 27, 1974, the Secretary shall submit, in writing, to the Committees on Interior and Insular Affairs and to the Committees on Appropriations of the United States Congress a detailed plan which shall indicate:
(i) the lands and areas which he deems essential to the protection and public enjoyment of this park,
(ii) the lands which he has previously acquired by purchase, donation, exchange, or transfer for the purpose of this park, and
(iii) the annual acquisition program (including the level of funding) which he recommends for the ensuing five fiscal years.
(b) Congressional intent for land acquisition completion
(Pub. L. 93–555, § 3, Dec. 27, 1974, 88 Stat. 1786; Pub. L. 106–291, title I, § 149(c)(2), Oct. 11, 2000, 114 Stat. 956.)
§ 460ff–3. Administration
(a) Provisions applicable; utilization of authorities for conservation and management of wildlife and natural resources
(b) Federal-State cooperative agreements for police and fire protection
(c) Water resource developments; restoration of vegetative cover to eliminate erosion
(1) The authority of the Secretary of the Army to undertake or contribute to water resource development, including erosion control and flood control, on land or waters within the park shall be exercised in accordance with plans which are mutually acceptable to the Secretary of the Interior and the Secretary of the Army and which are consistent with both the purposes of this subchapter and the purposes of existing statutes dealing with water and related land resource development.
(2) The Secretary is authorized and directed, in cooperation with the Secretary of Agriculture, the State of Ohio, and affected local governments, to undertake a program of and treatment for the purpose of restoring suitable vegetative cover to substantially eliminate erosion from all lands, public and private, within the authorized boundaries of the park. In the case of any private lands, within such authorized boundaries such treatment may be undertaken only with the consent of the owner thereof and shall be contingent upon assurances that such land treatment will be maintained by the owner for a period of not less than ten years. The Secretary shall, in conjunction with such program, take such actions as may be required to correct areas of ecological degradation which create hazards to health and safety.
(d) Inventory and evaluation of historical, cultural and architectural sites and structures; programs for preservation, restoration, interpretation and utilization
(e) Donations for services and facilities
(f) Zoning laws and ordinances; consultation and assistance with local government or intergovernmental organization in establishment; objectives; technical aid
The Secretary may, on his own initiative, or at the request of any local government (or intergovernmental organization) having jurisdiction over land located within or adjacent to the park, assist and consult with the appropriate officers and employees of such local government (or intergovernmental organization) in establishing zoning laws or ordinances which will assist in achieving the purposes of this subchapter. In providing assistance pursuant to this subsection, the Secretary shall endeavor to obtain provisions in such zoning laws or ordinances which—
(1) have the effect of prohibiting the commercial and industrial use (other than a use for commercial farms and orchards) of all real property adjacent to the park;
(2) aid in preserving the character of the park by appropriate restrictions on the use of real property in the vicinity including, but not limited to, restrictions upon: building and construction of all types; signs and billboards; the burning of cover; cutting of timber (except tracts managed for sustained yield); removal of topsoil, sand, or gravel; dumping, storage, or piling of refuse; or any other use which would detract from the aesthetic character of the park; and
(3) have the effect of providing that the Secretary shall receive notice of any hearing for the purpose of granting a variance and any variance granted under, and of any exception made to, the application of such law or ordinance.
Assistance under this subsection may include payments for technical aid.
(Pub. L. 93–555, § 4, Dec. 27, 1974, 88 Stat. 1787; Pub. L. 95–625, title III, § 315(e), Nov. 10, 1978, 92 Stat. 3483; Pub. L. 99–658, title I, § 104(j)(1), Nov. 14, 1986, 100 Stat. 3677; Pub. L. 106–291, title I, § 149(c)(2), Oct. 11, 2000, 114 Stat. 956.)
§ 460ff–4. Repealed. Pub. L. 106–291, title I, § 149(d), Oct. 11, 2000, 114 Stat. 956
§ 460ff–5. Authorization of appropriations; master plan
(a) Limitation on acquisition of lands and interests in lands
(b) Development of plan; consultation with State; transmittal to Congressional committees; contents
For the development of the park, including improvements of properties acquired for purposes of this subchapter, there is authorized to be appropriated not more than $13,000,000. Within one year from the date of establishment of the park pursuant to this subchapter, the Secretary shall, after consulting with the Governor of the State of Ohio, develop and transmit to the Committees on Interior and Insular Affairs of the United States Congress a final master plan for the development of the park consistent with the objectives of this subchapter, indicating:
(1) the facilities needed to accommodate the health, safety, and recreation needs of the visiting public;
(2) the location and estimated cost of all facilities; and
(3) the projected need for any additional facilities within the area.
(c) Restoration of vegetative cover to eliminate erosion
(Pub. L. 93–555, § 5, formerly § 6, Dec. 27, 1974, 88 Stat. 1788; Pub. L. 94–578, title III, § 323(b), Oct. 21, 1976, 90 Stat. 2742; Pub. L. 95–625, title III, § 315(b), (c), Nov. 10, 1978, 92 Stat. 3483; Pub. L. 99–658, title I, § 104(j)(2), Nov. 14, 1986, 100 Stat. 3678; renumbered § 5 and amended Pub. L. 106–291, title I, § 149(c)(2), (d), Oct. 11, 2000, 114 Stat. 956.)